Considerable sympathy was felt with Malaboch among the Uitlanders, not because of his refusal to pay taxes but because the opinion prevailed that this refusal was due only to the tyrannical and improper conduct of the Boer native commissioners; and a number of Johannesburg men resolved in the interests of the native and also of the native labour supply on the Rand to have the matter cleared up at the forthcoming trial of the chief.  Funds were provided and counsel employed, nominally to defend Malaboch, but really to impeach the native commissioners, who in many cases were and continue to be a perfect curse to the country.  No sooner had this intended course of action become known than the Government decided to treat their prisoners under the provisions of martial law—­to treat them, in fact, as prisoners of war, who were liable to be indefinitely detained without further trial.  Under these conditions they were placed in the Pretoria Gaol, and with the exception of a few subordinates there they have lived—­or died—­since.  The offences of these natives, for all anyone knows, may have been similar to those of Langalibalele, Dinizulu, Secocoeni, Cetewayo, and other native chiefs whom the British Government have also disposed of without trial.  But it is urged that these men are entitled to a trial, because it is well known that the provocation under which they committed their offences against the law—­if indeed any were committed—­was such as, in the minds of most people, would justify their action.{36}

The position of a native in the Pretoria Gaol is indeed an unhappy one.  Sleeping accommodation—­that is to say, shed accommodation—­is provided for about one-quarter of the number confined there.  During fine weather it is no hardship upon the natives to sleep in the open yard provided that they have some covering.  The blankets doled out to them are however in many cases such as one would not allow to remain in one’s kennels; and in wet or cold weather (and the fact is that during at least one quarter of the year the nights are cold, whilst during the five months’ wet season rain may fall at any time) the sufferings of these unfortunates many of whom have no blankets at all are very severe.  Of course the stronger fight their way into the shed, and even fill the little covered passage-way; the others crouch or lie about in the open yard like wild beasts without a vestige of shelter.

On behalf of the native political prisoners representations were made by the gaol doctor that they were dying in numbers from scurvy and fever, for want of vegetable food.  A special effort on his part secured for a few days some allowance of this nature, but the matter having been brought to the notice of General Joubert, the Superintendent-General of natives, peremptory orders were issued to discontinue this; and this although the wretched creatures might have been sufficiently supplied from the gardens attached to the gaol which are cultivated by the prisoners, and the product of which was used by the gaoler to feed his pigs.  For a little while longer the doctor continued the vegetable diet at his own expense, but being unable to afford this it was discontinued and the former death-rate was resumed.