The Transvaal from Within Part 40

Advocate: I believe Commandant Trichard accompanied you on this commission?

Witness: Yes.

Advocate: He was present throughout the whole proceeding?

Witness: Yes.

Advocate: He had every opportunity of knowing what took place and what was said?

Witness: Yes.

Advocate: You will be surprised to hear that Mr. Trichard states that you actually pa.s.sed sentence upon the thirteen indunas in such words as, 'I hand you over to the Native Commissioner and Field-cornet to be dealt with according to law. And you instigators will get twenty-five lashes each between the shoulders.' Do you positively deny that you said anything about twenty-five lashes?

Witness: Yes, I deny it.

Advocate: Do you deny that you gave any indication or opinion as to what ought to be done with these men?

Witness: Yes.

Advocate: Well, Mr. Cronje, I want to know which of you two the Court is to believe, you or Commandant Trichard?

Witness: Commandant Trichard has made a mistake.

Advocate: No, no, no, Mr. Cronje, that won't do; there are no mistakes in this business. I want you to tell the Court which of you two men under oath is lying and which is telling the truth.

Witness: Commandant Trichard is lying.

(At this point there was some commotion in Court caused by Commandant Trichard jumping up and making use of some expressions towards the witness. The matter ended in a rather fierce altercation after the Court adjourned.) It is only necessary to add that Mr. Stiemans, who followed Cronje, fully corroborated Trichard's evidence. There were many other interesting points brought out by Mr. WESSELS in his cross-examination, but it is unnecessary to further detail this part of the proceedings, as the same ground was covered by Mr. Justice Jorissen, who took the witness in hand and whose cross-examination brought out the salient features of the case with extreme vividness and dramatic effect. The Judge first dealt with that portion of the evidence relating to the so-called 'trial' of the Chieftainess.

Judge: Mr. Cronje, in your evidence just now you said that you read over to this woman the charge that was laid against her. 'Point by point' you say you read it to her, and 'point by point you could see by her demeanour that she was guilty.' Is that so?

Witness: Yes.

Judge: Very well, Mr. Cronje, I will take the indictment, 'point by point,' as you did. Point the first, Mr. Cronje. (The Judge here read the first of the seven clauses in Schoeman's letter which formed the indictment.) Now kindly explain to me what there was in the woman's demeanour which conveyed to you the idea that she was guilty on this point.

The witness became considerably embarra.s.sed and did not answer.

Judge: No answer, Mr. Cronje? Well, we will take point No. 2. (The judge dealt with all the seven clauses in a similar manner, the witness failing to make any answer throughout. After the last point had been dealt with and remained unanswered, the Judge addressed the witness again amid a most impressive silence in Court).

Judge: Mr. Cronje, 'point by point' I have read to you the indictment as you read it to the woman; 'point by point' I have asked you to give me certain information; 'point by point' you have failed to make any answer. Well, Mr. Cronje, I can only tell you this, 'point by point' I shall set that down in my notes. (After an interval, during which the Judge filled in his notes, the examination was resumed.)

Judge: Now, Mr. Cronje, as I understand it, it was in consequence of Field-cornet Schoeman's complaint to you as Superintendent-General of Natives that you were sent by the Government to investigate the matter?

Witness: Yes.

Judge: You called the woman up before you and read to her the charges.

Witness: Yes.

Judge: You brought no evidence against her?

Witness: No.

Judge: You did not call upon Schoeman to produce any evidence against her?

Witness: No.

Judge: His letter of complaint to you seemed sufficient?

Witness: Yes.

Judge: You did not give her any opportunity to bring evidence?

Witness: It was not necessary.

Judge: Oh, dear no; I quite understand that 'you could tell from her demeanour that she was guilty.' But as a matter of form you did not hear any evidence on her behalf?

Witness: No.

Judge: You just sentenced her out of hand.

Witness: I sentenced her to pay a fine.

Judge: And then as regards the thirteen indunas, if they were indunas, as you deny sentencing them we need not refer further to that point, but I put this to you-there was no evidence brought against them?

Witness: No.

Judge: There was nothing to show that these men had ever advised the woman or were in a position to advise her; in fact, as far as the evidence goes, there was nothing to show that they even belonged to the tribe, but in your opinion they ought to have advised her differently, and you therefore sentenced them to twenty-five lashes each.

Witness: I did not sentence them, but handed them over to the proper authorities to be dealt with according to law.

Judge: Oh, no, Mr. Cronje, that is not how the case appears to me. You came up to these people in the capacity of Judge, to do justice as between man and man according to your lights, to follow the procedure that is observed in civilized courts, to represent the strength, the rights, and the responsibilities of this Republic, and if we are to accept your evidence as true, you did not try the men whom you were to have tried. You heard evidence neither for nor against them, but you handed them over to-to whom, Mr. Cronje? Not to the proper authorities, but to Erasmus and Schoeman, the other parties in the case which you were sent up to try. It seems to me, Mr. Cronje, that this is a case without parallel.

There was no answer from the witness.

Judge: One point more, Mr. Cronje, and I have finished. When you handed over these men to be dealt with, did you notify them that they had the right of appeal from any sentence that might be imposed upon them?

Witness: Yes, I did.

Judge: Right! Now, Mr. Cronje, did you notify Erasmus and Schoeman that they should stay execution of the sentence pending the hearing of any appeal?

After considerable pause the witness was understood to say "No."

Judge: You did not tell these officials to stay execution?

Witness: No.

Judge: Then you merely gave these natives the right to appeal against the sentence of lashes after they should have received the lashes?