In the Shadow of Death Part 9

In this case it was proved by the witnesses for the defence that the native had been shot three days before my arrival at the farm where the murder was committed.

3rd Charge:--

_Murder_.

About the 18th of March, 1901, I had killed and brutally murdered a native at Prinsfontein, Tarkastad.

Mr. Mantel, the farmer, deposed:--

One of Kritzinger's men was with me as his commando pa.s.sed some distance from my house. Van der Walt said to me, "Do you see that man in front, riding on the large blue horse? That man is Kritzinger." I then saw a few burghers riding up to Kritzinger, and after they had halted for a short while they went back and shot the natives.

My witnesses proved that at that particular time I had no blue horse in my possession. Neither was there such a man as Van der Walt in my commando; and the natives in question had been shot by another commandant without my instructions.

4th Charge:--

_Murder_.

At Biscuitfontein, Bethulie, I had killed and murdered two natives on the 14th of August, 1901.

This was the last and princ.i.p.al charge brought against me. Four blacks were the chief witnesses in this case, by which, if possible, I was to be convicted and silenced for ever.

Let us see how they fared. The first one succeeded in identifying me.

The next one was less successful. He pointed to an English officer, saying, "That is the man." He was to have another chance. I looked at him and smiled; this puzzled him even more. Greatly perplexed, he pressed his finger against a man with a long bushy beard, and said, "You are Kritzinger." What a blunder! The prosecutor seemed slightly put out; the court indulged in l.u.s.ty laughter.

The other witnesses were then brought forward. Surely these will not make a mistake, they know the murderer only too well. Had the prosecutor not sounded them beforehand by asking them to point out the prisoner's photo among a number of other photos? Did they not hit upon the right photo? Is this not conclusive evidence that they must have seen and known the prisoner? In spite of all this precaution, the first witness in this case declared, on being cross-questioned _re_ the photo in question, that a certain officer had shown him the photo at Norval's Pont, and asked him to note it carefully, so that, if called upon, he would be able to identify the person concerned!

I watched the prosecutor, who exhibited signs of uneasiness or disgust.

This stupid native was spoiling his good case; the other witness was going to commit as great a blunder. He declared that on the 10th of January he saw the corpses of two natives, and, on seeing them, immediately recognized the one as being the body of his brother-in-law.

Questioned as to how he could still recognize his brother-in-law in a decomposed body, he promptly replied, "Oh! my brother had still a smile on his face!" Although the native in question was shot on the 14th of August, 1901, on the 10th of January he still had a smile on his face!

Death must have conferred a great boon upon him. And if he could have appeared in court, he certainly would have objected to my being tried.

Have not sentences of death, confiscation of property, and imprisonment been pa.s.sed on the evidences of such witnesses?

When all the evidences had been taken the prosecutor delivered his address. After him the counsel for the defence addressed the court. In a very able speech Advocate Gardiner pointed out the shallowness of the accusations against me. He urged that the court should not be long in coming to a decision, as a prolonged trial meant increased expenses for the accused.

After his address I was removed for half an hour. Summoned back, a verdict of "not guilty" was brought in. I was at last acquitted, and could return to my lonely chamber not as a criminal, but as a prisoner-of-war!

Leaving the court-room I was called back to shake hands with the judges, who congratulated me with the acquittal. Thus the trial, which lasted five days, came to an end. The clouds cleared up. The sun rose. It was all brightness. I had pa.s.sed unscathed through the ordeal, to indulge that night in slumbers calm and sweet.

Just a few days before the trial commenced I was somewhat rea.s.sured and encouraged to hope for the best. An unknown friend kindly dropped a newspaper cutting, tied to a piece of stone, over the prison yard. This press-cutting fell into my hands, and in it I saw that a large section of the British public strongly disapproved of the action of the Military Government _re_ late Commandant Scheepers, and that section and people all over the continent and in the United States of America were asking, "What about Kritzinger--will he too be shot?" I noticed also that pet.i.tions on my behalf were being drawn up in England and elsewhere, and signed extensively.

All the men and women who so pet.i.tioned His Majesty the King to spare my life I thank most sincerely, for the interest shown in my case, and for the efforts put forth to save my life. How much I owe such I do not fully know; but I do appreciate the deed of kindness shown to me in the darkest moments of my life. Such deeds are never forgotten. They illuminate life's way with such splendour as fills the soul with inexpressible grat.i.tude.

I have related the story of my trial briefly and as accurately as I could. I do not wish to comment on the justice or injustice of the proceedings. It is for others to judge whether an officer, who was a burgher of the Orange Free State, and _not_ a rebel, should have been court-martialled, and while the war was still in progress, on such unfounded charges. I shall not say whether I consider it just and fair that, tried as a prisoner-of-war and acquitted as such, I should have had to pay a bill of 226 for my defence. What if a prisoner does not possess the means to secure legal defence? Must he then be condemned without it? Has this not been done in certain cases? I shall ask no more questions. I did not mind the money, but was only too glad to inhale once more air not pregnant with death and destruction.

Our object in mentioning these details is to ill.u.s.trate the nature of some of the charges brought against Boer officers and burghers when court-martialled by the British. These charges of murder were, as a rule, a.s.sociated with Kaffirs who had been shot, either in fair fight or as spies. Our officers were held responsible for the acts of their men.

Moreover, by proclamation, any officer or burgher convicted of shooting a Kaffir or Hottentot, after having surrendered, could be charged with murder and condemned to death. The principle laid down in this proclamation, that the life of a surrendered foe should not be taken, must be endorsed by every right-minded man. The burghers, however, argued that, since the war had not been declared against the coloured races, they had the right to deal with armed natives in the most effectual manner possible, especially if these natives were not British subjects, but belonged to the Republics. Besides, some of these natives gave no quarter to our men. We could cite several instances where burghers had been murdered and mutilated in a ghastly manner. To mention one instance, while peace negotiations were going on, 56 men were savagely cut up and mutilated by the Kaffirs in the district of Vryheid, Transvaal.

Eventually we were placed in such a position that we hardly knew what to do with armed natives. What if they refuse to surrender? Shoot them ...

and then you are a murderer. Let them go ... and then you will pay the penalty. It was perplexing to know how the British wished us to act. The Boers, regardless of consequences, did what they thought right.

For the sake of such as were interested in my trial, I submit in full the charges, my evidence, and the addresses of the prosecutor and counsel for the defence:--

_Charge Sheet_.

The prisoner, Pieter Hendrik Kritzinger, a burgher of the late Orange Free State, and ex-a.s.sistant Chief Commandant of the (so-called) Federal forces, is charged with:--

1st Charge:--

_Murder_.

In that he, at Grootplaats, Murraysburg, on or about the 15th of February, 1901, killed and murdered Jafta and Solomon, natives, British subjects.

2nd Charge:--

_Murder_.

In that he, at Tweefontein, Graaff Reinet, on or about the 15th of February, 1901, killed and murdered John Thomas, a native, a British subject.

3rd Charge:--

_Murder_.

In that he, at Prinsfontein, Tarkastad, on or about the 18th of March, 1901, killed and murdered a native, a British subject.

4th Charge:--

_Murder_.

In that he, at Biscuitfontein, Bethulie, Orange River Colony, on or about the 15th of August, 1901, killed and murdered Koos and Willem, natives, British subjects.

5th Charge:--

_Destroying Railways_.

In that he, near Knutsford, Cradock, on or about the 27th of July, 1901, cut the railway line, thereby causing a portion of a pa.s.senger train to be derailed.

To be tried by Military Court by order of General French.

The prisoner takes his stand at the place from which other witnesses give their evidence:--

The prisoner, Pieter Hendrik Kritzinger, being duly sworn, states:--

"My name is Pieter Hendrik Kritzinger. In the commencement of September, 1900, I became a commandant of the Free State Forces. I became Chief Commandant of the forces in the Cape Colony on the 11th of June, 1901. This would not give me a higher position in the event of my returning to the Free State. Once over the border I would hold the same position as any other commandant. I surrendered on the 16th of December last. I attempted to cross the line at Hanover Road and was wounded.

I know absolutely nothing of the death of Jafta and Solomon, I gave no orders that they should be shot, nor any other natives. I arrived at Voetpad on a Thursday, the 14th of February, 1901. I camped there until the following day. Shortly before I left Voetpad Captain Smit with his men came there from a farm in the vicinity.

The name of the farm is unknown to me. Captain Smit was not under my command. He was acting independently. An advance guard is generally sent out. On this occasion I sent Wessels and some men. I do not know when Wessels left, I cannot remember. I went from Voetpad to Poortje, the farm of Van der Merwe. I arrived there about sundown on Friday the 15th. On my way from Voetpad I pa.s.sed over Boltman's place. I did not hear of any natives being shot there. While on Voetpad I had no message from Wessels. I cannot remember having spoken to any one in that strain regarding Boltman's statements _re_ shooting natives. There was one Mijnhardt in my commando, there were others amongst Smit's men, but I can't call to mind of a Corporal Mijnhardt in my commando. No report was ever made to me of natives being shot at Grootplaats.

2nd Charge:--