Scheepers, Captain Fouche, and Captain Smit and myself, also Judge Hugo.  The papers were sent to Assistant Chief Commandant Fourie, and the sentences were approved of by him.  That was the only case of natives having been shot by me.

     Prosecutor’s Address.

     (Captain L. Daine.)

“As regards the first charge, the natives Jafta and Solomon and the scouts McCabe and Maasdorp were captured by Wessels, who was in charge of Kritzinger’s scouts.  He took them to Grootplaats.  McCabe proves that Wessels then went towards Voetpad, three miles off, and returned some time afterwards, gave an order to his men, and the two natives were led off to execution.  Boltman’s statements that Kritzinger gave a message for British column commanders, informing them that armed natives would be shot, are fully corroborated by what McCabe was told by members of Kritzinger’s commando, and clearly shows Kritzinger’s intentions and instructions.  Kritzinger states that he cannot remember whether he gave the message or not.

“The witnesses for the defence all state that there were no prisoners with the commando at Grootplaats, yet the accuracy with which they describe different horses, and the date of seeing Van Aswegen, i.e., 13th February, 1901, is little short of marvellous.  Kritzinger states that he mounted a horse and rode to the kopje, which was about 1,000 to 1,200 yards from the laager, and that he was riding a chestnut horse, while the witnesses for the defence state that he was riding a dark bay horse with a star when he rode to the kopje.

“As regards the natives mentioned in the first charge, McCabe states that he did not lose sight of them all the time they were together, and as they were not searched in his presence the passes could therefore not have been found.  They were captured on a farm in British territory.

“As regards the second charge, Van Aswegen was evidently a member of Kritzinger’s commando, and the witness, Van der Merwe, remembers seeing him with the commando for three weeks, during which time he and his men were frequently away.  Here again, as concerns spies, Van Aswegen had the passes in his hand and knew what the boy really was.

“As regards the fourth charge, the natives were captured in the Cape Colony, where Kritzinger was Chief Commandant.  The statement that his authority as such ceased the moment he crossed the Orange River is hardly credible.  The natives were shot at Biscuitfontein, where Kritzinger was laagered at the time, and their dead bodies were seen by de Klerk there.  Jan Louw is very clear as to who the commandant was.  He recognized his photo on two occasions, and identified him at once in court.  The dark brown horse ridden by Kritzinger to the kopje is probably the black referred to, and his evidence is corroborated by Jan Jonkers, who, however, failed to recognize