My husband reached Pretoria Sunday
evening, April 26. The information that we had
received en route, regarding the pleas of guilty entered
by the imprisoned Reformers, was confirmed by his associates:
the other three leaders, Messrs. Rhodes, Farrar, and
Phillips, had entered a plea of guilty under count
one of the indictment for high treason, the fifty-nine
Reformers entering a like plea of guilty under the
count of lèse-majesté. As conjectured
by us when we heard of this action of the Reformers,
the prisoners had received certain assurances before
making such pleas:
First. That they
should not be tried under the comparatively obsolete
Roman Dutch Law, which punished the crime of treason
with death; but they would be tried and punished under,
and in accordance with, the code laws of the Transvaal
Republic, which imposed penalties of fine and imprisonment
for the crime charged in the indictment.
Second. The leaders
were further assured that this action on their part
would measurably mitigate the sentences of the other
fifty-nine Reformers.
On Monday, the 27th, the Court reconvened
in the market hall, the imported Judge Gregorowsky
occupying the bench.
Mr. Hammond took his place with the
three leaders, attended by his physician, Dr. Scholtz,
who remained at his side during the entire trial.
After some preliminary matters were
disposed of, Mr. Hammond, actuated by the same influences
that were brought to bear on his associates, entered
a plea of guilty to count one of the indictment, and
placed his signature to the written statement which
had been previously signed by Messrs. Rhodes, Phillips,
and Farrar.
This written paper was in substance as follows:
That for a number of years the Uitlanders
had earnestly and peacefully sought relief for
their grievances by the constitutional right
of petition. That what they asked was only
what was conceded to new-comers by every other South
African Government.
That petition after petition was placed
before the authorities one bearing
40,000 signatures, asking alleviation of their
burdens and wrongs; that they could never obtain
a hearing, and that the provisions of law already
deemed obnoxious and unfair were being made more stringent;
and, realising that they would never be accorded the
rights they were entitled to receive, it was determined
to make a demonstration of force in support of
their just demands.
The statement then recites the coming
of Jameson against their express commands and
understanding with him, and all the subsequent
acts of the Transvaal Government, the High Commissioner,
and De Wet, Her Majesty’s Agent, which are now
matters of history.
The paper concluded as follows:
’We admit responsibility for
the action taken by us. We practically avowed
it at the time of the negotiations with the Government,
when we were informed that the services of the
High Commissioner had been accepted with a view to
a peaceful settlement.
’We submit that we kept faith
in every detail of the arrangement. We did
all that was humanly possible to protect both
the State and Dr. Jameson from the consequences of
his action; that we have committed no breach
of the law which was not known to the Government
at the time; and that the earnest consideration
of our grievances was promised.
’We can now only
put the bare facts before the Court, and
submit to the judgment
that may be passed upon us.’
After the examination of several witnesses
and the introduction of the celebrated cipher telegrams,
the Court was adjourned for the day.
TUESDAY, THE 28TH. There
was a vast concourse gathered at the Market Hall on
this day of the trial. The chamber was crowded
to its utmost limit by anxious and interested listeners.
Many ladies were present.
His Lordship (the imported Judge)
was late in ascending the bench, unnecessarily prolonging
the suspense of the waiting crowd.
The proceedings were commenced with
every formality that could render them impressive.
A large number of armed men were stationed at the
entrance and about the Court-room. A prominent
object in the Court-room, one which immediately struck
the eye of those entering, as this was its first appearance
during the trial, was a plain wooden dock, low in
front, high at the back, and large enough to hold four
men.
As in the preliminary examination,
the Court proceedings were conducted in the Dutch
language, an unfamiliar tongue to a majority of the
accused.
After the despatch of some minor matters,
Mr. Wessels, counsel for the defence, made his address
to the Court, closing by reading the written statement
of the four leaders, and asking the clemency of the
Court.
He made no reference or protest to
the tribunal as constituted a Court presided
over by a Judge not a citizen of the country
whose sovereignty had been offended by the treasonable
acts charged.
Mr. Wessels was followed by the State
Attorney, Dr. Coster, in a bitter and vindictive speech.
He demanded that the prisoners at
the bar should be punished under the Roman Dutch
Law, and that the four leaders should receive the
death penalty.
This demand of the State Attorney
was apparently a surprise to Mr. Wessels, for he sprung
to his feet in an excited manner and protested most
vigorously against the demand of Dr. Coster; his language
and manner were such as to impress many present that
it was provoked by a breach of good faith.
At the conclusion of the speech of
the State Attorney, Gregorowsky (the imported Judge)
summed up the case at length, and held that the prisoners
were guilty of high treason as charged in the indictment,
and that the Roman Dutch Law governed in such cases;
and that the sentences imposed would be in accordance
therewith.
The Sheriff then with a loud voice
commanded silence whilst the sentence of death was
pronounced.
A deep hush fell upon the Court-room a
profound, breathless silence that became oppressive
before the next official utterances disturbed it.
‘Lionel Phillips, George Farrar,
Francis Rhodes, John Hays Hammond!’ called the
Registrar.
In response these four were singled
out from the rest of the prisoners and conducted to
the new dock.
It was the Registrar who again spoke.
’Lionel Phillips, have you any
legal reasons to urge why sentence of death should
not be passed upon you, according to law?’
‘No,’ was the response.
This was followed by the sentence.
In like manner, Farrar and Rhodes were interrogated
and sentenced.
Mr. Hammond was then called to his
feet and the same formal question asked.
Although pale and weak from protracted
illness, Mr. Hammond responded in a firm voice to
the Registrar’s question.
The Judge, then addressing the prisoner,
said: ’John Hays Hammond, 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 Honour the State President, and
the Executive Council, to show you any mercy which
may lie in their power.
’May the magnanimity shown by
his Honour 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 jail at Pretoria, or any such other
jail in this Republic as may be appointed by law, to
be kept there till a time and place of execution shall
be appointed 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 soul!’
Whilst the sentences were being passed
upon the four leaders the auditors were wrought up
to the highest pitch; sobs were heard on every side,
tears were on many cheeks, and even stolid old Boers
were seen to weep. One man was carried from the
room in a fit.
The four Reform leaders, who had borne
themselves during this trying time in a brave and
fearless manner, then stepped out of the dock firmly
and unhesitatingly, and were taken to the Pretoria
jail.
The other fifty-nine prisoners were
then called to the bar and sentenced each to pay a
fine of ten thousand dollars, and to suffer two years’
imprisonment.
Thus ended this remarkable trial,
a judicial trial unprecedented in the annals of jurisprudence.
A mockery of justice and a travesty
upon civilisation.