Kritzinger in court, more through fright than anything else, I think.  Both these witnesses state that there was a body of men at Biscuitfontein when they arrived.  This is denied by witnesses for the defence.  The bodies found by Jan Hans must have been those of Koos and Willem, as the spot is identified as that described by de Klerk.

“It must be remembered that the witnesses Hugo, Matthijsen, Van Wijk and de Klerk are all accomplices, and therefore their evidence must be received with caution, especially after the curiously minute details they give on some points.  It is also worthy of note that Matthijsen was not examined on the fourth charge, though he was present with Kritzinger at the time.

     “The shooting of these prisoners was absolutely unjustifiable and
     illegal, and all concerned must be held equally responsible.

     “Wessels took over the command of Kritzinger’s commando when the
     latter was wounded.

     “As regards the proclamation, the only name mentioned in it is that
     of Kritzinger, and the proclamation is signed by him.  The names of
     any of the other commandants are not mentioned in it at all.

     “As regards the witnesses for the prosecution, there are three who
     have been deported, and therefore could not be obtained.”

     Address by the Counsel for the Defence.

     (Advocate H.G.  Gardiner.)

     “Mr. President and Members of the Military Court:—­

     “We are now reaching the end of a great trial, the great trial of a
     great man.  Of all the trials that have been held before Military
     Courts in this country, this, I may fairly say, is most important.

“No officer of higher or even equal rank to him, who was once Chief Commandant in this Colony, has yet been tried, and on this trial much will depend.  It is a case the result of which may have great and far-reaching influence.  It may influence greatly the Boer commandoes in the field.  On the verdict now given in his case the attitude of other leaders will greatly depend.  I do not urge this upon you that you should acquit the prisoner.  I do not ask you to consider the consequences of the verdict you may bring in.  I know that you will bring in whatever verdict you think right regardless of all consequences, but I do bring these facts before you as a reason why you should carefully consider the evidence.

“The charge in this case is the charge of murder, the greatest crime that can be brought against a man.  It is a crime of which a man cannot be technically guilty.  You must have the most convincing evidence before you, and the clearest proof.  It is a crime where intent must be clearly proved; where intent is essential.  A merchant whose agent enters into a contract may be held responsible to carry out that contract, but a merchant whose clerk commits