Under such conditions an appeal was made to Messrs. Rose Innes, Q.C., and Solomon, Q.C.  These gentlemen had remained in Pretoria and devoted their time and energies to obtaining some amelioration of the conditions of imprisonment and some mitigation of the sentences imposed upon the Reformers.  The petition as presented by the Government was shown to Mr. Innes, who indignantly rejected the suggestion of signing any such document.  As the strongest reason adduced in favour of signing petitions was the statement that according to law and custom it was impossible for the Government to take cognizance of the prisoners’ case even with every desire to mitigate the punishment unless it was brought before them by direct appeal, Mr. Innes undertook to see the President and Chief-Justice Kotze on the subject.  By this time further suggestions had been made on the subject of petitions, and the prisoners were being urged among other things to name in plain terms the extent and manner in which they would like their sentences commuted.  This proposal was regarded as a preposterous and ridiculous one; but nothing is too ridiculous for Pretoria and it was necessary to deal seriously with it.

In these circumstances, Mr. Rose Innes interviewed the Chief Justice, in order to get the highest authority in the country as a guide.  Mr. Kotze would not at first express an opinion as to whether petitions should be sent in, but he was evidently inclined to recommend them as politic, ‘But,’ said Mr. Innes, ’it is not a question of policy; it is a matter of law.  Is there anything in the law which renders it necessary for a prisoner to petition before his sentence may be revised by the Executive—­anything which debars the Executive from dealing with his case if he does not petition?’ Mr. Kotze’s answer was clear:  ‘No, certainly not—­nothing whatever!’

In the interview with the President which took place immediately after this Mr. Innes was brusquely informed that petitions from the prisoners were of no value, and would receive no consideration; that the President did not want any of their petitions; and that he was guided solely by his burghers, who had already petitioned in the matter.  ‘I would pay more heed,’ said Mr. Kruger, ’to a petition from fifty of my burghers than to one from the whole of Johannesburg.’  At the conclusion of an unpleasant interview, which called for all the tact and good temper at the command of the gentleman who was interesting himself on behalf of the prisoners, the President added in an offhand manner, ’The petitions can do no harm and might strengthen my hands in dealing with the rest of the Executive; so they can send them in if they like.’