Fetichism in West Africa : $b forty years' observation of native customs and superstitions — John Stuart Mill — John Shaqi
Fetichism in West Africa : $b forty years' observation of native customs and superstitions
John Stuart Mill · en
The council is held at any time of day,--not at night. There are no
regular advocates; any litigant may state his own case, or have any one
else do it for him. There are no fees, except to the king for his
summoning of the case. There is sometimes betting on the result; though no
stakes are deposited, the bets are paid. There is not much form of court
procedure. All the people of a village or district, even women and
children, according to the importance of the case, assemble. While women
are generally not allowed to argue in the case, yet their shouts of
approval or protest have influence in the decision, and encourage the
parties by outspoken sympathy.
If an accused person does not come voluntarily to court, the king's
servants are sent to bring him. In the court the accused does not need to
have some one plead for him, he speaks for himself. Accusers speak first,
then the accused; the accusers reply, the accused answers; and the king
and his aged counsellors decide. Witnesses are called from other places.
As there is no writing among untaught tribes, the depositions are by word
of mouth.
Formerly the accused was subjected to the poison ordeal; indeed, the
accuser also had to take the poison draught as a proof of his sincerity,
and that his charge was not a libel. But this custom is no longer
practised on the coast.
There is no substitution of any kind, except in rare cases. A guilty
person must bear his own punishment in some way.
Oaths are common, and are used freely and voluntarily in the course of the
discussion. A man who utters false testimony or bears false witness is
expected to be thrust out of the assembly, but it is not always done.
When an oath is required, there is no escape from it; he who refuses to
swear is considered guilty. Sometimes, under bravado, he will demand to be
given "mbwaye" (the poison test), hoping that his demand will not be
complied with. When the test is produced, he may seek to escape it by
refusing that particular kind and demanding another not readily
obtainable. But his attempt at evasion is generally regarded as a sign of
guilt.
In court, parties are not obstinate in their opinion; they ask for and
take advice from others.
2. _Punishment._ If it be capital, the accusers are the executioners.
Death is by various modes,--formerly very cruel, _e. g._, burning,
roasting, torturing, amputation by piecemeal; now it is generally by gun,
dagger, club, or drowning. For a debt that a creditor is seeking to
recover, securities may be accepted. But if the accused then runs away,
the person giving the security is tried and punished.