Judge: Now, Mr. Cronje, as I understand it, it was in consequence of Field-cornet Schoeman’s complaint to you as Superintendent-General of Natives that you were sent by the Government to investigate the matter?
Witness: Yes.
Judge: You called the woman up before you and read to her the charges.
Witness: Yes.
Judge: You brought no evidence against her?
Witness: No.
Judge: You did not call upon Schoeman to produce any evidence against her?
Witness: No.
Judge: His letter of complaint to you seemed sufficient?
Witness: Yes.
Judge: You did not give her any opportunity to bring evidence?
Witness: It was not necessary.
Judge: Oh, dear no; I quite understand that ’you could tell from her demeanour that she was guilty.’ But as a matter of form you did not hear any evidence on her behalf?
Witness: No.
Judge: You just sentenced her out of hand.
Witness: I sentenced her to pay a fine.
Judge: And then as regards the thirteen indunas, if they were indunas, as you deny sentencing them we need not refer further to that point, but I put this to you—there was no evidence brought against them?
Witness: No.
Judge: There was nothing to show that these men had ever advised the woman or were in a position to advise her; in fact, as far as the evidence goes, there was nothing to show that they even belonged to the tribe, but in your opinion they ought to have advised her differently, and you therefore sentenced them to twenty-five lashes each.
Witness: I did not sentence them, but handed them over to the proper authorities to be dealt with according to law.
Judge: Oh, no, Mr. Cronje, that is not how the case appears to me. You came up to these people in the capacity of Judge, to do justice as between man and man according to your lights, to follow the procedure that is observed in civilized courts, to represent the strength, the rights, and the responsibilities of this Republic, and if we are to accept your evidence as true, you did not try the men whom you were to have tried. You heard evidence neither for nor against them, but you handed them over to—to whom, Mr. Cronje? Not to the proper authorities, but to Erasmus and Schoeman, the other parties in the case which you were sent up to try. It seems to me, Mr. Cronje, that this is a case without parallel.
There was no answer from the witness.
Judge: One point more, Mr. Cronje, and I have finished. When you handed over these men to be dealt with, did you notify them that they had the right of appeal from any sentence that might be imposed upon them?
Witness: Yes, I did.
Judge: Right! Now, Mr. Cronje, did you notify Erasmus and Schoeman that they should stay execution of the sentence pending the hearing of any appeal?