Advocate:  Do you positively swear that Commandant Cronje specified the sentence of twenty-five lashes each?

Witness:  Yes.

Which answer was quite in accordance with the pleas of Erasmus and Schoeman, who stated specifically that they administered the lashes in accordance with the orders and sentence given by Commandant Cronje.  The Court held that a sufficient prima facie case had been made out by the plaintiff, and that the onus now lay on the defendants to prove their case.  The witnesses called were Commandant Cronje and Mr. Stiemens, secretary to the former.  Mr. Stiemens in his evidence fully corroborated Trichard’s evidence as to the passing of the sentence by Cronje upon the indunas and the absence of any form of trial; and nothing more need be said about this witness.  With Mr. Cronje’s evidence, however, it is necessary to deal at length.  Mr. Cronje admitted under cross-examination that he had not observed any particular form of trial, although, as was pointed out, the law dealing with native trials stated specifically ’that the rules which govern procedure in civilized courts shall be followed as closely as possible.’  He stated that as regards the Chieftainess, he called her up and read over to her ‘point by point’ ’the indictment under which she was charged,’ which indictment, however, as he admitted, consisted merely of a letter of complaint written by Field-cornet Schoeman to him as Superintendent-General of Natives.  He claimed that no form of trial was necessary, inasmuch as he acted under the authority of the President, who has supreme power over natives, and was not obliged to observe any particular form of trial.  ’Point by point I read the charge,’ to use his own words, ’against the woman, and point by point I could see by her demeanour that she was guilty.’  As regards the thirteen indunas, Mr. Cronje admitted that he did not know whether these were indunas.  He considered them guilty, not because they had done anything, but because in their position as advisers of the Chieftainess they ought to have advised her better than they appeared to have done.  Instructions had therefore been given to arrest these indunas, and they had caught as many as they could.  There was no evidence to show that they were indunas, or that they were ever in a position to advise or had advised the Chieftainess; in fact, it was admitted that they were a lot of thirteen caught out of a tribe as one might catch so many sheep out of a flock.  Mr. Cronje denied that he had sentenced these men, and repeatedly stated that he had handed them over to Erasmus and Schoeman, to be dealt with according to law.

Mr. WESSELS cross-examined the witness upon this point as follows:—­

Advocate:  I believe Commandant Trichard accompanied you on this commission?

Witness:  Yes.

Advocate:  He was present throughout the whole proceeding?

Witness:  Yes.

Advocate:  He had every opportunity of knowing what took place and what was said?