to law and custom it was impossible for the Government to
take cognizance of the prisoners' case even with every desire to
mitigate the punishment unless it was brought before them by direct
appeal, Mr. Innes undertook to see the President and Chief-Justice
Kotze on the subject. By this time further suggestions had been made
on the subject of petitions, and the prisoners were being urged among
other things to name in plain terms the extent and manner in which
they would like their sentences commuted. This proposal was regarded
as a preposterous and ridiculous one; but nothing is too ridiculous
for Pretoria and it was necessary to deal seriously with it.
In these circumstances, Mr. Rose Innes interviewed the Chief Justice,
in order to get the highest authority in the country as a guide. Mr.
Kotze would not at first express an opinion as to whether petitions
should be sent in, but he was evidently inclined to recommend them as
politic, 'But,' said Mr. Innes, 'it is not a question of policy; it
is a matter of law. Is there anything in the law which renders it
necessary for a prisoner to petition before his sentence may be
revised by the Executive--anything which debars the Executive from
dealing with his case if he does not petition?' Mr. Kotze's answer
was clear: 'No, certainly not--nothing whatever!'
In the interview with the President which took place immediately
after this Mr. Innes was brusquely informed that petitions from the
prisoners were of no value, and would receive no consideration; that
the President did not want any of their petitions; and that he was
guided solely by his burghers, who had already petitioned in the
matter. 'I would pay more heed,' said Mr. Kruger, 'to a petition from
fifty of my burghers than to one from the whole of Johannesburg.' At
the conclusion of an unpleasant interview, which called for all the
tact and good temper at the command of the gentleman who was
interesting himself on behalf of the prisoners, the President added
in an offhand manner, 'The petitions can do no harm and might
strengthen my hands in dealing with the rest of the Executive; so
they can send them in if they like.'
With this answer Messrs. Innes and Solomon returned to the gaol, and
after informing the prisoners of what had taken place advised them,
under the circumstances, to make a formal but respectful appeal for a
revision of the sentences. It was their opinion, based upon the
information which they had at
|