Dutch law. Dr. Coster said he
presumed that this would be the case, but that he was not quite sure
whether Roman-Dutch law would not apply. He added however that
anything he could say would not be binding upon the judge, who could
alone decide as to the question of law.
Mr. Wessels's report to his clients induced the rank and file to
agree under the altered circumstances to the third alternative,
namely, pleading guilty, and they agreed to this under the
impression, which without doubt had been suggested and deliberately
fostered by the Government, that they were pleading guilty to a
nominal offence, and would incur a monetary penalty in proportion.
In consultation with the leaders, Mr. Wessels reported the
discussions with Dr. Coster as above given. Both he and Mr. Solomon
represented to them the gravity of the plea, and said that there was
the possibility that the judge would invoke Roman-Dutch law and
ignore the laws of the country, in which case it would be in his
power to pass sentence of death. In their opinion, they added, and in
the opinion of Mr. Rose Innes and others, this would be a monstrous
straining of the law, yet they felt bound to indicate the
possibility.
The course before the prisoners was not indeed an attractive one, but
it was not without its recommendations. It would have been infinitely
preferable to fight it out had there been a chance of a good fight,
if even a losing one; but, apart from a verdict of guilty being an
absolute certainty, the circumstances were against any possibility of
effecting anything like a strong impeachment of the Government.
Moreover, the course now proposed would prevent any 'giving away' of
Dr. Jameson, who had yet to be tried, and of others; and it also
removed the necessity for individual defences by those among the
prisoners who had been involved in a less degree than others. The
matter at that time appeared in one way to concern the leaders only.
If they were willing to take upon themselves the burden of the charge
and secure the acquittal of others by accepting the full
responsibility, it could only be regarded as a chivalrous act. But
there were some among the other the prisoners--'Irreconcilables,'
as they were called--who considered themselves equally responsible
with the leaders, who strongly objected to shifting any portion of
their responsibility upon others, and who desired to stand with those
who were prepared to bear the brunt of the charge. To the
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