THE TRIAL AT PRETORIA

Poverty Bay Herald, Volume XXIII, Issue 7651, 9 June 1896, Page 4

THE TRIAL AT PRETORIA

S|^REK)RMERS SENTENCED TO ||t%SfOVV -■•) DEATH. Hip":; '2'THE ?oEn"eln COURT. lltiTß Johannesburg papers contain full %jjeporl»'6f the proceedings on the last day ppfcf.tb'e i irial of the- Reform Committee, 3?-anMSted in connection with Dr Jameson's piclasMnVo the Transvaal. |ij;iMr-;W6Baelß, counsel for the defence, si'lnade an eloquent appeal for mercy to be Sj^sbown rtto the prisoners. He argued that been found guilty of eonplgiracy "with any foreign Government the independence of the State. s'Ho read l the first count in the indictment, ■PlJKJjffhioh.they had pleaded guilty, and, asked what it contained ? It J- Stated that they had had transactions ivwith. Jameson with a view to his coming f; into thiß country. They had not proved that Jameson was an- Administrator of *'liny : , other., country, and came in any jbffiowl capacity, but simply that Jameson came in as a private man, but waa in X- charge of certain armed men. The clause ia. the thirty-three articles which he ■. quoted distinctly referred to conspiracy - 1\ with foreign Powers or the Governments f *' of _ foreign States. In this case the con:vjspiracy took place with n private man, > and therefore the form of punishment as r:7,"PPlied. :tp those conspiring with foreign or Governments or States could :;»jiotv6e applied, but a lesser form of §nnishment would have to be enforced, 'he Judge had to consider the intention <£■«£■ the Legislature, and apply it to the X'-' nature of • the case, and not apply the / heavier penalty to the accused, especially ,>;when they considered that conspiring : with foreign. Powers would be punished , with banishment and a fine of 500 rixdollars. Tho present] was not the place or time to go into the grievances of the Reform Committee, but in the dispensation of justice the Judge would • '.be obliged to take into consideration „-': the condition of affairs which had preN vailed in Johannesburg during the past four years, aud which prevailed in f v .December last. The Reformers had been laboring under many grievances. They had no intention of rousing the burghers - orV causing any disturbance among the . v burghers: They merely wanted to get '.' 'their just grievances redressed. And now why did they conspire with Jameson ? It v^was, he admitted, an unlucky move, but they were under the impression and .-genuinely, believed that they were being oppressed. Rumors of all descriptions ' were flying around, and they were under -' the . impression that matters were so *- tending that no person who had any self-respect would be able to live in this country. They would not go into that ■matter now, but everything showed that , ; the accused really believed that. The . smallness of the force which accompanied Jameson alone was sufficient to show that the accused had no hostile intention . " towards the independence of this Re/public. Was it likely for one moment .'.that men. such as the accused— men of .._-, common sense— would have dreamt of the Republic or causing it to be ■'-; assailed by a small force of men such as accompanied Jameson ? The thing was simply meant to attract 'attention to the grievances of the Uitlanders. At the last ; moment the Reform Committee) did not ' wish Jameson to come in, and they had ■_, sent repeated messages to him to return. T" If; the acoused had had the intentions . were, imputed to them they could .-v.'haye imported "25,000 rifles just as easily .** as -j 2500, and armed 25,000 men, and '■r; 25,000 could have taken possession of the •'raihrayand the town, and virtually con- * trolled the affairs of the country ; but } '; they were not men of that description. ,-. - They, wanted justice, not to overthrow , the Republic. Mr Weasels laid stress on ' their swearing allegiance to the Transvaal flag. He believed these men, under the . proclamation of the President, were not '. .liable to any punishment. It was not the j desire of the Government that they should -be aeyerely punished. They had been O under arrest for three and a half months, ■ and the anxiety, troublo, and expense to which they had been put were alone . sufficient punishment. Dr Coster, the State Attorney, then,*. in Bpite of Mr Wessels' remonstrance, again addressed the Court, and urged that the ; . law should be rigorously carried out. . According to the law book, which should bo the authority in the Transvaal, the general punishment for the crime of ' sedition was death. He characterised Dr . Jameson as a rover or freebooter, and _• said he regarded it as more serious for persons to conspire with freebooters or -rovers against the independence of the country than he would if they had conspired with the Government of a foreign Power. He must ask that the law be carried out with the utmost severity. The 'terms of the thirty-three articles regarding . treason could not apply in this case, aud the punishment must therefore be accord- . irig 10 the Roman-Dutch law. The Judge, in summing up, said the .four accused, Lionel Phillips, George - Farrar, Francis Rhodes, and John Hays -Hammond, had pleaded guilty to the crime cf high treason, namely, to the first count. The other accused had pleaded guilty to the Jesser crime of Gekiveiste Majesteit, and acknowledged having done these things without any hostile intent against the independence of this Republic. :~ It was apparent that the accused had conspired with Dr Jameson to come into the -; country to comej to their assistance the moment the contemplated rising took ■ place in Johannesburg. Dr Jameson was .- only too anxious to accept the treasonable invitation, and he came forward with the intent -to oust the people of the South ' fr i c a -, u Re P ub lic. His inroad was attended with the moat regrettable conse- •. quences, and the loss of a great deal of blood. Were it not for the accused, this would, never have taken place. Four of the accused admitted their responsibility, but as an excuse said that their position was unbearable, and that when they heard that Dr Jameson had come in

prematurely, they made every attempt to get him to return, but it did not avail, and the object of bringing him in was undoubtedly vague. It further appeared that j they guaranteed Dr Jameson financially. • The accused further said that after \ Jameson entored the country they acted ; purely for their own defence, because they I knew that the Government would hold ' them responsible for Jameson's invasion, and they feared they and their town would be attacked, and therefore they armed the townspeople. They should, however, as inhabitants of the country, have given the country every assistance in maintaining the independence and freedom of all the inhabitants of the country, and should have assisted in repelling Jameson in his invasion. As regards the Reform Committee, they remained decidedly neutral as regards helping the Government in repelling Jameson froui coming into the town. However hard their case might have been the Reform Committee acted entirely wrongly at the moment of danger. The Republic itself was endangered. It was equally high treason with the leaders. That was not only Roman-Dutch law, but also the law of the Transvaal. The State, in this case, was at liberty to punish the accused either under the local law or under the common law. It was left to the representatives of tho Government to select one or other of the laws under which to punish them. The laws ran on parallel lines with each other, and one had nothing to do with the other. The State had decided to punish the accused under the common law. It was now his duty to go on to the mournful task of passing sentenco on the accused, according to the crimes to which they pleaded •' Guilty." Farrar, Phillips, Rhodes, and Hammond were then placed in the dock. The Registrar of the Court asked Lionel Phillips — Do you know any cause or reason why sentence of death should not be passed upon you 1 This was interpreted, and the accused answered — "No, none." The Judge, addressing accused, then said— Lionel Phillips, it is my painful duty to pass sentence of death upon you. I am only applying the punishment which is meted out and laid down according to law, leaving it to His Honor the State President and the Executive Council to show you any mercy which may lie in their power. May the magnanimity shown by His Honor the State President and this Government to the whole world during the recent painful events be also shown to you. I have nothing to do with that, however. I can only say that in any other country you would not have a claim on their mercy. The sentence of the Court is that you be taken from this place where you are now, and be conveyed to the gaol at Pretoria, or any such other gaol in thia Republic as may be appoiuted by lawful authority, that you be taken to the place of execution, to be there hanged by the neck till you are dead. May Almighty God have mercy on your immortal soul ! of death waa then passed on George Farrar, Francis Rhodes, and John Hays Hammond, each of the accused answering, when asked if they had any reason to state why sentence of death should not be passed, "No, none." The four accused, who had borne themselves during the past few trying moments in a brave and fearless manner, then stepped out of the dock firmly and unhesitatingly, and wore removed in custody. The remaining prisoners were then ordered to stand up, and the Judge passed sentence in the following terms :— The sentence of the Court is that you be kept in the Pretoria gaol, or any other such gaol in the Republic as by law may be appointed, for a terra or period of two years, and that each and all of you be fined L2OOO sterling, or in default of payment undergo a further period of one year of imprisonment at the expiration of tho two years already mentioned ; and that after the expiration of the period of your sentence, each and every one of you shall be banished from out of this Ropublic for a term or period of three years. (Interruption in Court, which was immediately suppressed.) The Judge continued : The confirmation of the banishment of three years will rest in the hands of the Executive. The sentence was received with the greatest astonishment in Court. Accused bore up bravely, although they showed signs of the terrible mental struggle they had undergone for the pr; 1 ; few days. A number of burghers in Court were visibly moved when they realised the severity of tho sentence. Some of them were crying. The Judge spoke throughout the proceedings in a cold, unemotional voice. The public left the Court soon after the prisoners were sentenced. FEELING IN JOHANNESBURG. Feeling ran very high in Johannesburg in consequence of the severity of tho sentences. The papers spoke of the horror with whioh "the bloodthirsty sentences" had been received, and of the contempt expressed for the one-sided summing up of the Judge. The business people of Johannesburg, (is a mark of respect to the prisoners, unanimously closed their premises for two days. SOME SIGNIFICANT TELEGRAMS. The following are some of the telegrams which passed between the members of the Reform Committee and others outside Johannesburg, and were made public at the trial at Pretoria. The " company notation" and "shareholders' meeting" are evidently terms used to refer to Jameson's attempt to reach Johannesburg : — "10th December, 1895 -From Beit, Capetown, to Lionel Phillips, care of Eckstein, Johannesburg - Hammond wires that company flotation must await my arrival. Cannot como at present, owing to health. Ur^e immediate flotation." " 16th December, 1895. From Dr Wolff to Bobby White, Piteani— Would suggest that you at once instruct Major Raleigh Grey forward as soon as possible 200,000 his surplus ammunition to Williams. There is not likely to be postponement." " 13th December, 1895. From Stevens to' Colonel Rhodes, Johannesburg. — Dr Jameson wires most strongly to urge no postponement of shareholders' meeting, *nd let Mr J. H. Hammond inform weak partners any delay most injurious. Dr Wolff will explain fully reasons at Director's meeting." "20th December, 1895. From Beit, Capetown, to Lionel Phillips, Johannesburg,- Am again worse This often, and am hid up. Am advised to go on Monday for a week seaside. In my Mr Ira P. Wetmoro, a prominent real estate ngent of Pan Angelo, Texas, lias used Chumberluin's Colic, Cholera ond Diari-licea Remedy in his family for several years as occasion required, mid always with perfect success He says: " I find it a perfect euro fur our baby when troubled wiih colic ur dysentery. I now feel that my outfit is not complete without a bottle rf iliia Remedy at homo or on a trip away from homo " For tale by E. D. Smith, wholesale and retail agent. —Advt. Now ia the time to buy a reliable watch or clock ; 25 per cent, can be saved 1 The time to buy an article of use aud beauty for the home, for personal wear, or for a present ! An immense stock to select from. See advertisements of S. McLernon, jeweller and importer, Gladstone road, Gieborne, and Emerson street, Napier.— Advt. The D.IC., Wellington, is a deservedly popn'ar institution. Many of our thrifty and fashionable people find it to their advantuge to order their requirements in drapery and houeo-furnishing from the Company's Wellington Warehouse. Reliable goods, at moderate prices, is the feature of I the D.1.0. Samples and catalogues are mailed posji free to any address,— Advt,

present health I cannot be of any use to assist. Am most anvious you should not delay flotation of new company on my account any longer than necessary. Immediate flotation is the thing most desired as we never know what hinder if now delayed." 11 25 th December, 1895. From Toad (Colonel Rhodes) to Ohnrtorj Capetown. — It is absolutely necessary to postpone flotation. Chaa. Leonard lefb for Capetown last night." " December, 1895. From Hays, Johannesburg, to Jameson, Pitsani. — Wire just received. Experts report decidedly adverse. I absolutely condemn further developments at present." "For rheumatism I have found nothiug equal to Chamberlain's Pain Balm, It relieves the pain as soon as applied. J. W. Young, West Libeity, W. Va." The prompt relief it affords ia alone worth many times the cost. Its continued uae will effect a permanent cure. For sale by E. D. Smith, wholesale and retail agent. — Advt.