The next suit dealt with a plot of farming land near Bukuru. Each of
the two men claimed it. As tribal convention tinged with a dozen local
considerations would be a determining factor guiding a conclusion, the
Resident had referred the question to the sub-chiefs of the respective
wards in which the men lived. Previous to the advent of the British,
if a fight had not been desired the issue would be tried by ordeal. At
the direction of a Chief, poison would be prepared by a medicine man
for both parties, which they would swallow, and the one who survived or
better resisted the effect of the draught would be adjudged the award.
Trial by ordeal is now strictly prohibited, but until the Pagan people
have developed more intelligent methods a substitute remains unbanned.
This consists of each party to a dispute providing a fowl, which is given
poison. The owner of the surviving bird secures the verdict. It is a
process not encouraged by the British Residents, who strive to make the
leading men decide matters on their merits.
The two sub-chiefs had come to say they could not agree—no doubt because
neither was willing to give decree against a person in his own section
of the village—and they thought trial by fowls would be the best way of
reaching a satisfactory conclusion. Mr Stobart pointed out that when he
had to solve a difficult case he did not call for two fowls and that
sub-chiefs of such intelligence should be able to rely on their own
brains. He would not sanction the use of fowls. They must themselves
judge and bring adjudication to him within three days. They promised to
have another try.
A young Pagan presented himself to the Resident and stated he had been
twice sold into slavery. His story was that whilst working on his farm
he was seized by a Hausa, taken several days’ journey and disposed of
for two horses. The vendor explained to his victim that he had to do it
owing to severe need and told the sufferer that if he escaped—giving
a scheme by which he might—and came to the captor he would see that
the captive got home safely with at least part recompense for what he
would have endured. The unsophisticated Pagan did escape and came back,
whereupon he was again made prisoner and sold for three horses. A second
time he escaped, and having learnt wisdom he went to the Resident of his
district, who sent for the accused Hausa and committed him for trial by
a higher Court. If found guilty he would forfeit the five horses to the
injured party and be liable to five years’ imprisonment.
Although slave-raiding on the scale practised a few years ago is now
impossible, kidnapping and slave-dealing is by no means stamped out. One
plan is by various pretexts to induce individuals or a family to journey
to some place near the French or the German frontier and sell them over
either border, where apparently the crime is not regarded nearly so
seriously as by the British authorities.
Public-domain text, read in full here on John Shaqi.
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