entenced 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?
After considerable pause the witness was understood to say "No."
Judge: You did not tell these officials to stay execution?
Witness: No.
Judge: Then you merely gave these natives the right to appeal against
the sentence of lashes after they should have received the lashes?
There was no answer from the witness.
Judge: That will do, Mr. Cronje. I do not think that these people
have much reason to thank you for the leave to appeal.
Cronje was followed in the witness-box by Stiemens, whose evidence is
already referred to, and the Court then adjourned.
The next morning, shortly before the opening of the Court, the State
Attorney came down on behalf of the Government and arranged with
Plaintiffs' Counsel to adjourn for the day to enable parties to try
and settle the three cases out of Court. The Court thereupon
adjourned at the request of parties, and during the day the three
cases were settled on the following basis: The Government refunds
Toeremetsjani the L147 10s. with interest at 6 per cent, from the
date of payment by her to Erasmus, and pays her costs, to be taxed as
between attorney and client.
The Defendants Cronje,
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