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
Out of the confused state of these laws two _causes célebres_ arose,
which excited much interest among the diggers and showed the continued
lack of common sense displayed by the government in their policy and
modes of procedure. In the first instance an old digger, who had made
himself prominent in the prosecution of diamond thieves and had also
materially assisted in the overthrow and subsequent recall of the
Southey-Currey faction, had in a moment of forgetfulness purchased a
small diamond without having a dealer’s license and without being able
to produce his special permit to the magistrate as by law required.
There was no pretence that the diamond had been stolen or improperly
obtained, but nevertheless the unlucky purchaser of this “precious”
stone was sentenced, if I remember rightly, to twelve months’
imprisonment without the option of a fine. Granting, for the sake of
argument, that the punishment was technically commensurate with the
offense, the ardor exhibited by the authorities in the original pursuit
of a political foe, to the minds of the independent diggers, was
anything but satisfactory. That the man had no license to purchase
diamonds, and that his permit, if he ever had one, had been lost or
mislaid was admitted, but when the prosecution sought to establish the
fact of there having been no permit given by the production of a list
kept in the Kimberley resident magistrate’s office, and manifestly a
most careless one, in which there was no mention of the name of the
accused, his attorney very properly if not conclusively contended that
this evidence was not sufficiently formal upon which to found a
conviction for a technical fault involving extremely severe punishment.
He argued moreover that if one magistrate’s list of permits was
produced, those of all other magistrates should be put in evidence also;
that the list in question might be imperfect, and as it was not in the
custody of the buyer, entries might have been confused, altered or
annulled without his knowledge; in short that the rough list of a single
magistrate was not sufficient evidence on which so heavy a punishment
ought to be inflicted on any member of the body politic. A subordinate
official, however, swore “by all his gods” that it was “impossible for a
permit to have been issued to the prisoner without an entry having been
made in his record book,” and upon the strength of that evidence the
accused was accordingly “cast into prison.” But observe the sequel. The
ink was scarcely dry upon the warrant which tore the unhappy culprit
from his wife and family and confined him amidst the vilest criminals,
when lo! a whisper went abroad that his excellency himself had also been
purchasing diamonds without any license and without any record of the
necessary permit. What was the inference? Mindful of the positive manner
in which the keeper of the records had gravely sworn to the
impossibility of any permits having been issued without an entry in the
Public-domain text, read in full here on John Shaqi.
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