Incwadi Yami; or, twenty years' personal experience in South AfricaMatthews, J. W. (Josiah Wright)
History
Incwadi Yami; or, twenty years' personal experience in South Africa
Matthews, J. W. (Josiah Wright)
Diamond mines and mining -- South Africa; South Africa -- Description and travel
Chief Justice Reitz, on sentencing the culprits, who were all found
guilty, did so in plain words. Addressing each in turn, after asking
them whether they had anything to say, said in Dutch, of which the
following is a literal translation (to Scotty Smith): “It is a pity that
a man of your appearance should deal in stolen property. There is no
excuse for you; it is a gross crime. The boundary line is getting
dangerous for our people. It is quite an accident that Kemp was not
killed. I took you for a man who knew better. I will punish you
severely.”
To Leigh he said: “You are a sergeant in the police, you are a protector
of the public, and you come into another land to commit a robbery. You
come with a dished-up story; better you had not told such a thing. You,
a sergeant in the police, using a knobkerrie and revolver. You might, in
the strict letter of the law, be hanged; but now-a-days a more lenient
view is taken. You were stopped by an accident from being hauled up for
murder.”
To Herman: “You are a mean little scoundrel, acting in that way whilst a
fellow co-religionist was being robbed, and perhaps all but murdered;
such a little fellow you are. You get used for paltry, mean things, and
here you assist in a mean way in a serious crime.”
To Welford: “The evidence against you, I think, is conclusive, although
you have a right to say there is a conspiracy against you; those can
believe you who like. I believe you are the man who started the whole
thing. I would not wonder if you first originated the matter. You see
the result of commencing by virtually doing a business of theft, because
you think the law here could not touch you. Such action leads me to be
more severe in your case. I think you are all sensible people; you knew
it all well; there is no plea of ignorance.”
The four prisoners were then sentenced to four years’ imprisonment each;
with Scotty Smith and Arthur Gerald Leigh twenty-five lashes in
addition.
So far as Kemp was concerned, the chief justice, adding injury to
insult, refused his application for the return of the diamonds, giving
as his reason that “Griqualand West was a civilized country with
competent courts, and if these were his diamonds he could go to
Kimberley, prove them to be his lawful property, and no doubt get them.”
Kemp, as Chief Justice Reitz advised him, in the following December
brought an action against the chief of the Griqualand West detective
department for the recovery of the diamonds, which resulted in a
judgment of “absolution from the instance” with costs, the diamonds
remaining in the care of the detective department. Judge President
Buchanan, in giving this decision, distinctly stated that he did not
believe Kemp, but allowed him another opportunity, if he chose, to prove
the diamonds were not stolen property.
Public-domain text, read in full here on John Shaqi.
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