Part 2 — APPENDICES. (continued 3)

Judge: Now, Mr. Cronjé, 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. Cronjé, 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. Cronjé? 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. Cronjé, that this is a case without parallel.

There was no answer from the witness.

Judge: One point more, Mr. Cronjé, 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. Cronjé, 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?

There was no answer from the witness.

Judge: That will do, Mr. Cronjé. I do not think that these people have much reason to thank you for the leave to appeal.

Cronjé was followed in the witness-box by Stiemens, whose evidence is already referred to, and the Court then adjourned.

The next morning, shortly before the opening of the Court, the State Attorney came down on behalf of the Government and arranged with Plaintiffs' Counsel to adjourn for the day to enable parties to try and settle the three cases out of Court. The Court thereupon adjourned at the request of parties, and during the day the three cases were settled on the following basis: The Government refunds Toeremetsjani the £147 10s. with interest at 6 per cent, from the date of payment by her to Erasmus, and pays her costs, to be taxed as between attorney and client.

The Defendants Cronjé, Erasmus, and Schoeman, pay each of the thirteen indunas who were flogged £25 as compensation, and pay the costs of Jesaja and Segole, to be taxed as between attorney and client.

POSTSCRIPT.

One last touch of irony is needed to complete the story of the suits brought by the Chieftainess Toeremetsjani and her indunas against Messrs. Erasmus, Schoeman, and the rest. It seems that these same gentlemen have actually been appointed by the Government to 'investigate matters' in the district where these Kaffirs live. Poor Toeremetsjani and the unfortunate indunas, as a contemporary remarks, may be expected to give a grovelling welcome. No more High Court for them.

The natives, by the way, interviewed since their return to the kraals, state that they have not yet received the settlement arranged.

In connection with the above sample of justice to the natives it is as well to recall another recent incident which has lately taken place. Some natives being severely mishandled by the local authorities, and being in consequence destitute of means to proceed against them in law, applied to Court for leave to sue in forma pauperis. This leave was granted. Immediately upon this becoming known petitions were got up among the Boers, with the result that the Volksraad some six weeks ago took a resolution instructing the Government to immediately bring in a law forbidding the judges to grant such leave, and making it impossible for a native to sue Government or any white person in forma pauperis. Comment (concludes the correspondent who sets out these various facts) is superfluous.

APPENDIX L.

59, HOLBORN VIADUCT, LONDON, E.C. 6th May, 1897.

REPORT ON THE LETTER WRITTEN ON A TORN TELEGRAM FORM SIGNED "F.R.", BY MR. T.H. GURRIN, EXPERT IN HANDWRITING.

Mr. THOMAS HENRY GURRIN, of 59, Holborn Viaduct, London, E.C., is a professional expert in handwriting, recognized and employed by the Director of Public Prosecutions, the Home Office, and the authorities at Scotland Yard, and is constantly engaged by them in that capacity. He is also frequently engaged in the same capacity by the Bank of England and other public bodies.

He has acted as handwriting expert in a very large number of civil and criminal cases at sessions, assizes, and before the High Courts, for over twelve years past, and can conscientiously say that his experience in the identification of genuine handwriting and the detection of forged and altered documents is very extensive.

Mr. Gurrin begs respectfully to submit the following report:—

'Having been instructed by Mr. Braunstein, solicitor, of 27, Great George Street, Westminster, I have examined a photograph of torn portions of a letter written on a telegram form of the South African Republic.

'My attention has been directed to the evidence of Major Sir J.C. Willoughby, appearing at page 302 of the Minutes, in which he has given his version of the missing portions of this document.

'I have compared this version of the missing words with the vacant spaces, and I find that the words supplied in question 5,571 would occupy, as near as can be estimated, the missing spaces, judging from the other writing in the document.

'I read the first portion of the document as follows:—

'Major Sir J.C. Willoughby reads line 6, "We (or the Boers)." It cannot possibly be "the Boers," as the first letter is clearly a portion of a capital "W," and corresponds with the first portion of the "W" as made at line 3; and further, there would be no room for the two words "the Boers," between the portion of the letter "W" and the word "not."

'Again, I am of opinion that the last word in line 6 was "of," as there is still visible an ascending curved stroke corresponding to that with which the writer terminates the letter "f."

'With reference to the rest of the version as contained in question 5,573, I respectfully submit that the missing words supplied are absolutely inconsistent with the spaces which these words would occupy if written naturally by the same writer.

'The words "I will bring at least three hundred" do not correspond with the still existing marks on line 7. The portion of a letter appearing in the middle of the line would not, as far as I can judge, be a part of any of the words suggested which would come at the centre of that line. It might be a part of a capital "W," or an initial "p," or it might be a final "d" turned back to the left, and the last letter in the line looks as though it was intended for an "e." In support of this theory, I compare it with the "e" at the end of the word "true" in line 3, and the "e" at the end of "intense," line 4. The writer, when making a final "d," makes the latter portion of the letter something like this, but in the instances in this document he exerts more pressure than we find here, see, for instance, the "d" in "started," at line 2, the "d" in "glad," in line 5, and "d" in "armed," line 4. Besides, I cannot think that this can be the end of the word "hundred," as, judging from the length of the word "started," the word "hundred" would have occupied from the third vertical line, and this would certainly leave no room for the other words suggested in the version given by Major Sir J.C. Willoughby, viz.: "We will bring at least, or about three." If the words "will send out some," or "we will send out some," are written in line 7 after the word "town," adopting, as nearly as possible, the space that would have been occupied by the writer for these words, they will just fill the line. In like manner, with regard to line 8, there is just room after the words "men to" for the two words "meet you," and the small mark appearing before the full stop might have been the terminal of the letter "u," but it would have been impossible to get into this small space the words "meet you at Krugersdorp," and even if the words "meet you at" were omitted, and if it be assumed that the word which originally stood there was "Krugersdorp," then the mark appearing before the full stop could not by any theory be construed as having been a portion of the letter "p," as I have examined various specimens of Colonel Rhodes' handwriting, and have seen him write specimens containing the letter "p" and find that he does not terminate a "p" with any stroke of this description, but that he terminates it inside the oval portion of the letter near the downstroke. With regard to the rest of the line, the last two letters appear to have been "ne," and there is a dot just in the position that would apparently have been occupied by the dot had the previous letter been "i." Consequently, I am of opinion that the theory that the words "will send," or "we will send out some men to meet you," "you are a fine fellow," is perfectly consistent with the spaces left in the torn document, but that the theory that the words which were originally in the spaces were "I will bring at least or about three hundred men to meet you at Krugersdorp, you are a gallant fellow," is not only inconsistent with the amount of space available, but does not fit in with the letters and portions of letters still visible.

'T.H. GURRIN.'

Contents of the letter according to a statement signed by Dr. Jameson, Sir John Willoughby, Major Robert White and Colonel Raleigh Grey:—

'The rumour of massacre in Johannesburg that started you to our relief was not true. We are all right, feeling intense. We have armed a lot of men. I shall be very glad to see you. We (or the Boers) are not in possession of the town. I will bring at least, or about, 300 men to meet you at Krugersdorp. You are a gallant fellow.'

According to Colonel Francis Rhodes and Mr. Lionel Phillips, the contents are as follows:—

'The rumour of massacre in Johannesburg that started you to our relief was not true. We are all right, feeling intense. We have armed a lot of men. Shall be very glad to see you. We are not in possession of the town. We will send out some men to meet you. You are a fine fellow.'

'We, the undersigned, were present in the Reform Committee's room when Colonel Rhodes despatched the letter to Dr. Jameson, which commences, "Dear Dr.—The rumour of massacre." We read the letter, but cannot now recall the exact words on the missing fragments; but we do hereby declare on oath that there was no offer of 300 men, nor of any other specific number of men, nor was the word Krugersdorp mentioned. The spirit of the letter was to suggest that a few men should or would be sent in the character of a complimentary escort to show Dr. Jameson his camp.

'GEO. W. FARRAR. 'S.W. JAMESON.

'As witness— 'J. Percy FitzPatrick. 'Johannesburg, 10th April, 1897.'