A979-I1-1b-03-jpeg.pdf - Historical Papers

KORANTA EA BECOAXA
AX11 HKI'IICA.VVS C.AZMTE, MATUUCO. XOOANATSELE'* » 19*:.
How do your brethren iHTtoe
Civilized w .\r-farf.
manage it ? They leave their wive*
T I r 00 excuse for taking a stay thr life of JTh e noui'A itlT of thk filtrate.
and listers
ofHjMiftfl farms, These men were of the rank-awd- i
*""««> ^
nr* Ntflve— « B B T and proceed H. .«! the .wwnt nn.
iiwl**i
.. , ....... wng HIB-j i .---- - - . . r i>“ V ithr inrr iui
k r m ust I*
on-, a tradiag or huntiug expeditiou, those of the rank-and-file who sur- i cxcaaetl for *be life ,lf* ^oft a d m tnT a ie m M . O I* _
and retorni»ot only to find their families
had been well; carod for by the
tendered liofnn. = S_. ■ , , I nnfldmr nvsn if V W ^ ■Mim tinttW (il, m< «mlr IrtWCtll Uh*
r*a«« in this country, bur
*f Eunifsii r»oatiiithu>
Natives, but. that even a tea spoon l*-
longing to the family was picked up
and respectfully handed back. The C ~
hi
whole problem' admits of only one
, ftj mm in whiMt .. ..or*. _ , OimQWel Wealth. 1heft; things cither
solution. and t h » 'ia i t : That as long X J r x r A ^ ^ n-
as‘ you conduct- your .Natives .a* you art« contrary lit the- nsijK, „f civi| T & 5 «ere^ V X J a Z Z ; ^ “r — T irel{ -*•'«' r ,Ma
would wild au m U-so long will they five warfare." Murder « < therefore «iriftinE . . for a number of d.v., n l ; U ^ U“ '
aud act like wiiu animals. Treat them clearly .letined m ainonc the r. ru±* . r.e • beinr reduaxi ndum l to u » i extreinitT,; ” t“ ‘ * > * « * .« » • . __ «•'•
aa you would human-beings and thev
will behave like human-being*. ss.r i"e uf d'!i-
Dora H k Kkow a. C hristian. H u tbusth K imhkhlky im iffi. , u rflh 'p '* t i T J
This spurious form of Christianity At the, rtaee the In d e n t I Jictam in that ewe, to the efT ertX t | " •* " ralW,i
produced no visible good effect. Possibly
in a few thousand years it er-tv ^ )" J?ri!,w-er^ u:"1 rw defend ‘ no proof of any ’inch neoeauty a s l* " * P*»»ipurr‘* f i s a l cm w .k .
proceeded to discuss tin* general position j ev,en under those circuawtance* there j
•
might, but they would not be here Kimberley juries fn iu die impression ; to,J®atify *■,aw ^ ai«>ptcJ. j Ik> not merd» (o>ncln.lel hi» I. T.ito
see it. If they looked at the ease* wbich at the ouuna seend u. prevail;. Iho Jndge President pointed out,l!»hi) enter into tlie diamKr apuoiuu-i
of rape thar had occurred they would in some quarters tha* Dutchmen ! «u oomincutiug upou this decision, Uiat j far Tour ddiberatioiis: enter, «ich
find that in almost every .instance
chatgeil with treason ,-.,ul I not po^iibly ‘ anlesa the la* were upheld with extremej of nm, into tlie dumber of bis own
the attempt had been made tAv a so-
called Christian kafir. •
If MnJ&oliand has not a most, unhappy
motion of what is a Christian,
and if « is not a faefcs-misreprpsenfor
of^he^fitet order, and if he (lid not
nay wbSHfre actually kuew to be uut.ue
we owevhim au apology.
A border Trial.
Tlie Judge President summed op in
an exhaustive address, which he liegan
at 11 o’clock, and did not finish until
:{.40 p.m. His. Ijordship dealt with
many important points of law, but
owing to Uie length of his remarks the
“Diamond Field Advertiser” could do
no_more, than give a general outline.
In. his earlier observations he gave the
legal definition of murder.
j-erson in his sound and sober senses
intentionally and unlawfully took away
the life of a feUow-cr^ature, such an one
was guilty of murder, unless he coul 1
show the existence. of extenuating cirf.'iimsiances,
such as .provocation. reducing
the C'imb to culpable homicide.
Os us OF PROOF
If any pe^Borrwai^tdrorge^-wfth unlawful
poesessian/uo bad not to disprove
possession k a diamond.' The
Crown had to prwra.
f I *D accordance with the usages of civiwas
the game. The Crown proved manner
, . ,
tie to which hw I^ird- thr0u^no«l the brcadih of the land. Th:
circumstances, the Crown had to and however precisely we may attempt, shi|» referred was that of tiie man ntljr comjnny has now burst up and
prove that a sane person had unlawfully
and intentionally taken away we shall draw the line on the hi her
to draw the line, I take it that clearly
life, and then it was for the accused side of tbe deliberate murde * of innocent
to show if he oould that circum­
and unoffending civilians. Whatever
stances existed whica made the act
lawful. K
11k PRAISX8 Till? BuRGHKEH.
His Ijordship proceeded to enquire
wliat were tlie possible grounds on
which killing might be defended as r
lawful act, and next devoted a good
deal of attention to matters of history
connected with the war and the peace
get fair play at their hands. He said j vigour in such circumstances it might! heart: examine your own omsciencex;
nocning omil*i have k-en fairer tliau the-, J*come practiadly ltptKMsiblw «n draw ; put to vnuredves this qucstaui: on tiie
amduct of Kimberley juries in the . Mio bnc, and tl|e result woul 1 be the; facts wkidi, as *»bu umlemaml tbem.
cases which ha I come before tliem. whittling down pf the existing rafe-! have been proved, and on the la w , a*
Hk GOK8 for thk M ilitv ry guards in order to justify the infringe*: it has been exfUamed u» -vou, an.- tii«w
Yiar nfi..p a • " inent;.°f that most sacred of all laws, the |men guiltv, or are the/not ? Rente
h a m ir jr ' ’anClit), 0f bum“" litC 1 you are he‘« t.wia, a- n-
ajelaitclK.lr eipenenca"of the ja Jg » 'V:,° * * n " ' HltK •» .D* V liu w * ? taUw.
to read gaol retur.if ai tlioy «»nic iu 000,11 “"Jonc ill Uk praent ra«e . ll« *demo
**i|cr to «hn a single individual, i
u,#‘’ *- rehfd, it seemed to t
He did not think that in any case other ®*oroed that be was. But whcther
than of a capital amvietion he had ! I,e a or burgher was. irnma-| A PA IR J I’ D j MENT.
thought it necessary to impose a big'ier 15? . .,..!?auu^ whatever bis statua, if
sentence tlian one of 12 years* hard I)*1 Villiers commiuoil tlie crime ufj T*
lalxiur. Other judges in very extreme mui'der within the jurisdiction of that j cordially agree with Mr. Percri
circumstamxM had sometimes passed Court he was liable to be tried for the j Pramea that st.on r dcteirent nu-uMin-s
heavier sentence*. But in these returns offence. The questiisi might be asked iarv necessary to. put «lowu tbt- native
If any
he read even now iu tlie Kimberley
return sentences of five years,-10 years,
15 years’ iu p.'isonment, imposed by
military authorities. . . . U was
mun.
M r. p. R. Frames.
why Do Villier was .not there to-day ?; otitragw oo .4be white women which
but that was a question with the^wcuf w«tl» painful freuaency in Rhtanswer
to which they were not ‘ desia. But when be cnasai iu thi*-
c mcemed. . i o»»nn«tion to indulge in silly ihrvuts
impossible to expect, while women had Cft. Cox should.havk brrk thjkiv
8 chaugetrfftigs.
their husbands and sons, aud. daughters
,• r.. ; y >-■ . .unleaihisowu Ldtasarv strmly follow-
Proceedm^to M d r to m J d y fr u b ^
iK iM u iq ?Jo Ih.
had their fishers and brother*, under
IQ coQllectloll wit^Qie late raimxlieii.; , ^ > 1 ^ « . « « driven to U.-
entences of that kind, tint gooi feel-
UI wliidi the; praonen> p l . ^ 1^ f , 01»KJllai„,1tJl« o li.tawver-iWitWa 1
ing audhanu .'iiy could be res:ored to
thitf had MUd ilMer«rdtr« fmni tie ir; Mff(Tii,g fnw . wuUni Itcwl.—“ l». F.
jhifr'fand.. ■*•
superior officer ins Ixmlslup dealt first |Advertiser."
Morai. A mbit,
wit|» ,^»e case of Maritz, charged with | ' k • •; ■
His Lordship then discusse«l wiiat
the murder of a native during the siege! . . . . -"2
of Mf^tiug.aijd decided by the 8j«aal j Fh^ Ki,,or' Bechi axa r,.rrrrr
he termed the “ moral ambit ’*of the
Treason Court. ^iTthis case the native j St*,—-1address rou as an o'd Kimber
period, enlarging on the circumstances
was shot by Maritz'acting under onlers j.c-vite w,u^ ^,vcd ‘n *he Diamond C«>
of the *'ar. the essentially brutal nature « ‘ \ . . . . for years. A mone others I had a Eure.
of siWHi operation on ' now milch had
r from Snymn, it befn’g alleged that the
native was a spy. After quoting ti e
bear done‘since the days-of Gortius
10 reduce the horrors of warfan? on ;
! definntion
, ..
of
n
n u spy,**
•
as sgrcod
^ . ,
upou
•, .
else may lie within the usages of
civilised warfare, such an act is not.
I at the Hagne Converttkm, his Lordsiiip
said that if they were satistified that
Smith, tried for the murder of a native
iu the Colcsbcrg district, the defence in
this case also being that the prisoner
was acting uuder the orders of his
superior officer, a Captain Cox, whan
he (tlie Judge President thought ghould
have himself been tried for murder,)
: hut wlibm was only allowed to proceed
pean friend, Mr. 1\Ross Frames, at that
time a leading 1i ;ht of the legal fraternity
ot that town.- Besides bis legal profession,
Mr. Frames wa>Th eminent
politician.
There were living in Kimberley at the
time other gentlemen, such as Advocate
(now Sir Richard) Solomon Q.C..
Advocates Burton, McKenue, ' Messrs
Cronwri^ht-Schreiner, and P. R. Frames.
with one exception they have atl let:
Kimberley.
M l Frames was the first to leave ; and
on his departure for Bulawayo he boasted
loud that he leaves no enemy in Kin:
berley, that nobody can point his hinder
at Rou Frames, as throughout the time
he has been in Kimberley, he made no
distinction between man and man tha?
before him one man (black and white)
was just as good as the othe*.
Last week I saw a Bulawayo paper in
which Mr. Frames is making a rupi»i
progress to outshine the most raoid
Rhodesians in their harsh treatment of
the Natives. I have, shown this napet
W hy did h k?
The Ju Ige t ien proceeded to rov ew : from tlie Transvaal tq give evidence
„« detail the fails of the present uise on behalf Smith, under a safe conduct
to put questions u> the jun foe tlier j from the authorities,
consideration on the essential points JT I8 j;0T 0j-R FAULT THAT
involved, and to assist them thereon
sKI^ tS BLACK,
from the light of c\\|ttHeuce and pro j ^ ^hev thought for a momentut Piet Kruger i |R„ „ K„ m„ . „ d J there i.oaly.
ceJent. In the oourse ^ ^ ||f_.uj i nwtters "calculated to arouse their to three of Mr. praiiveV blaclc fellow
•leclining to make t^rma for themselves Snvnian ra,an .• Kruger.' He omii- about = Piet Kruger? repeated Ross Frames in RhodesLi, he ha* .either
»n less reasonable and equitable terms lOitted. miited. to «y »y the me leant, a » grave S -.Tror
";- ,lis i ^ h i p . Piet Kmger a G ri,u^ been misreported or his eyes are deceiving
him. The other two got the
were at the same time obtained for of judgment in dojuj, y . ' . t a man of a .. ia*>e proverbially loyal in
tlie subjects of the Crown. He quote 1 .ho uniform a id ha » ; j ^ j ^ o f Africa. His apoplectic fits and they are just now
the terms of the peace document, and loubt the explanatton to what the ^ ^ ^ ^ hiU!ltkiu:
undergoing medical treatment. I hav«
The Wl.vi.Mlr of ;k“‘. « “ "0t a white J iill: that may
»aid tliere was wliat might lie called wearer was doing.
mentioned how he was in Kimberley,
l>e his misfortune, it certainly wa« not
“ .subtle diplomatic distinction drawn. Kruger, Oil hi« ^Snsmans) owiishth.- Fieldtxini*. * . Sovereign.. . . Hia lajrdship went to-dav be much less, some of them
•»f the agreement. Tbe burghers, was the gravid doubt wl ether he d oll out Unit Kruger s attitude hanged in public on circumstantial evidence.
Can you tell me what accounts
however, very honourably determined anything of tlie kind.
throughout was opposed to any icfen
for the change in the man ?
to make no peace except under irresistible
compulsion unless fair treatment
Yours etc,
No Fxcush for MURi>ER: j of his being a spy, yet aoconling to the
‘ Not oulv hal it beeu hdd that j evi lent* for tlie Crown he was frilly
for tbe rebels was secured and so tlie thmto i . ' themselves even tinea* , andcrodly done to death cut off tn
T. D. P. LENKLANK.
results was apparently a sort of compromise.
--
a man's own life. « * l I «9«r I ! the « • * « of, h» «.«-Ji.,
[Cli natc.—3 -» 8. G.*]
.