give his evidence fairly, but he must have made a mistake as regards Kritzinger making use of the words he referred to. McCabe says while he was on the farm nothing of the kind occurred. If anything had been said he would have heard it. When McCabe and Maasdorp came back no report was made that Kritzinger had said anything of the kind. But there was a report made, and McCabe bears it out that something was said by another member of the commando. I would submit that Boltman mistook the other member of the commando for Kritzinger. There is no getting over the evidence of McCabe, and he is the person who ought to remember it. As McCabe says, Kritzinger did not arrive until some hours after the boys had been shot. "I now come to the second charge--the charge of the shooting of the boy John Thomas at Tweefontein. Now, sir, here again the boy was clearly a spy. He carried two passes similar to those carried by the boys mentioned in the first charge. He was unarmed. He was not in uniform. He was there to spy the movements of the Boers. Kritzinger would not have been responsible for the shooting of this boy had he shot him. But here the evidence against him is even weaker than in the first charge. Here there is no suggestion that the boy was shot by any of Kritzinger's men. The evidence shows that the boy was shot by a man serving under Smit. Smit was an officer with an independent command, and, more than that, he had been longer in service than Kritzinger himself, and was not under Kritzinger. Here, too, there is no suggestion, as in the first charge, that any message was taken to Kritzinger by the men who shot this boy, John Thomas. None of Van Aswegen's men were sent to Kritzinger. Van Aswegen himself did not go back. No one from Kritzinger came to Van Aswegen. Van Aswegen was last seen by Kritzinger on the 12th or 13th of February, 1901, and was not seen again by him until a couple of days after the shooting. "That the boy was shot by Van Aswegen appears clear from the two Minnaars' evidence, who say that the boy was taken out by Van Aswegen, and that was the last they saw of him. Kritzinger did not arrive until Sunday morning with his commando, and everyone says he knows absolutely nothing about the shooting of the native. I would submit that there is absolutely nothing to connect Kritzinger with the shooting of this boy. "On the 3rd Charge there is no need to say anything. The Court has already indicated that it is unnecessary to proceed further with it.