The Boer wars 1881, 1898 to 1903

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the door. To my dismay, I found this was my first experience of the system of searching, or "having the bailiffs in," as it was called in the prison. About the middle of August my hopes were again raised, and as suddenly shattered. On this occasion the Governor sent for me; I was required at his office. On entering, I noticed two footmarks painted on the floor in front of his desk, and pointing in the prescribed military angle of 45 degrees. These I was requested to stand upon, and was then asked by the Governor to give my register number and name. "Your six months' separate confinement is completed on Monday next," he said, "and you will be transferred to Portland Convict Prison." Then he added: "There are a number of letters for you accumulated here, which you are not entitled by prison regulations to receive. What am I to do with them?" No mention of freedom, and, what I prized next, my letters were denied me. "Do with them?" I said. "Considering they are letters from Australia, most of them written before I was convicted, and forwarded from South Africa, can you not do the same as your predecessor? Let me read them and return them to you to be destroyed." I urged and entreated to be allowed to receive them; I had had no news from the homeland for over two months; but no, the new Governor was inexorable; I must abide by the rules of the prison. So, after requesting that the letters be sent with my clothes to my friends, I went back to my cell more depressed than ever. The following day I was photographed for future identification, front and profile being taken. On Monday morning I and three other prisoners were manacled and chained together; two warders took charge of us, and in the prison brake we were taken to the station and entrained for Portland. I had heard glowing accounts of the prison there; it was the next best place to Parkhurst, the convalescent station in the Isle of Wight. The discipline was less stringent, there was better food and more of it, and mostly outdoor labour. Our escort officers were fairly lenient and good fellows. Portland was reached about six o'clock in the evening. Arriving at the prison we were admitted and the irons removed. We were taken to the reception cells, where we changed our clothes. Supper was then served, a pint of fatty cocoa and a 12-Oz. loaf of coarse brown bread; then to bed. I slept very little during the night, and was awake when the bell rang out at 5.30 in the morning. For breakfast the liquid refreshment was alleged tea, a black, vile-looking concoction, sweetened with molasses, which robbed it of any flavour it may have possessed, and a 10-oz. loaf. A warder then came and conducted me to the bathroom, afterwards to the tailor's shop, where I was fitted with new clothes. The shoemaker was then visited, and I was provided with a pair of heavy iron-shod boots for outdoor wear, and a pair of light shoes for Sunday. Afterwards came the visit to the medical officer at the infirmary, where I was examined, sounded, and weighed. It was now almost dinner time, the bell had rung, and parties of prisoners were being marched on to the parade ground from all directions. I was hurried back to the reception cells and taken before the Governor, Major Briscoe, who spoke kindly to me, and gave me a few words of very sound advice. Returning to my cell, I found my dinner waiting for me--a lump of fat, tough "Dorset tup" mutton, with half a pint of the liquor it had been boiled in, a few potatoes, and an 8-oz. loaf of bread. I had my dinner, and waited, wondering what would be the next item on the programme. After a little time I was again conducted below and stripped. A most minute description was then made for future identification; every small scar and mark was recorded. Having now got through all the preliminaries, I was ready to be "located." During the evening I was taken to the "star" ward, F North Hall. Here I was placed in a cell which would not make a decent dog kennel; its dimensions were 3 ft. wide, 7 ft. long, 7 ft. high. A small window of opaque glass beside the door admitted light from a gas jet outside. A canvas hammock slung from end to end of the cell monopolised more than half its space; a small drop table, 12 X 15 in., which hung from the wall, and a wooden stool, with the usual cell utensils, completed the furniture. This, then, I mused, was my new home, in which I was practically to pass my lifetime; the outlook was anything but cheering. The chaplain came to see me, took down a few notes regarding my case, and prevailed upon me to join the choir. I slept badly that night, and in the morning my head ached; I had no appetite; I just ate a little of the crust of my loaf. At seven o'clock my door was thrown open; standing in the doorway and glancing along the hail, I recognised many faces I had seen at Lewes, also my three companions of the trip down. We then fell in, in double file, and marched to chapel for morning prayers, for which about fifteen minutes was allowed. The General Confession or the Litany was intoned on these occasions. After chapel we were marched back to the parade ground, and as I had not yet been posted to any party, I was called out by the principal warder and afterwards conducted to No. 3 party, where I was engaged in tinsmithing and foundry work. The pronounced opinion of the general public is, I believe, in favour of reforming the present English prison system. Thinkers who do not especially class themselves as philanthropists affirm the necessity of classifying prisoners so as to conserve any good that remains part of a man's character at the time of his committal to prison. The object of imprisonment is so to punish a criminal that the punishment will act as a deterrent on him in the future, and check others who might be disposed to menace society. From observations made while in prison I am of the opinion that many of the present methods of dealing with prisoners are calculated to increase crime, rather than to repress it. Criminals should be divided into three classes--Habitual, Ordinary, and First Offenders. Each class should be kept apart, but this cannot be accomplished by confinement in one common prison. In England those belonging to the first offenders, or "star class," are placed in the same prison as the old offenders, but are not supposed to come in contact with them. Yet they work together in the same yard, though in different parties, and at times prisoners move about indiscriminately, and talk to each other. Warders differ much in disposition, and some, less strict than others, allow the contact that the arrangements are designed to prevent. Less supervision would be needed if prisoners were graded and confined in separate prisons. On one occasion, with a party of the "star class," I was returning from labour. Turning a corner, we came suddenly upon a party of "old lags" working on a tram line. Our warder peremptorily ordered us to turn "right about," in which position we still faced the remnant of another party of a similar class. The warder, taking in the serious nature of the situation, facetiously gave us the order, "Shut your eyes!" The undesirables were then quickly mustered and hustled out of our way. The treatment of first offenders is of the utmost importance. Great discrimination should be used in dealing with men convicted for a first offence; these should be systematically sorted and graded, and kept at work in separate parties. Among the first offenders, with whom I had the most experience, I was brought in contact with some of the most depraved specimens of humanity that could be found inside or outside of any prison. I also met men with refined feelings and instincts, to whom a sentence of a few months would be a more severe expiation than a long term to those before-mentioned. If a man of previous good character

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be awarded a long term of imprisonment, he should be allowed to serve the greater part of it on license, under police surveillance, on recognisances of such a nature as would act as a check on his predatory instincts, at the same time giving him the opportunity of regaining his position as a useful and respectable citizen. Ordinary prisoners, or those serving a second or third sentence, while kept in confinement should be allowed to earn a remission of a part of their sentence by industry and good conduct; this would also be an inducement for a rebellious prisoner to conform to prison discipline. Habitual offenders, or those who make crime an occupation when at liberty, should be kept confined on an indeterminate sentence in an institution specially provided for them. The discipline should not be too rigid; they should be kept at some kind of reproductive work, and in return receive a small gratuity per month, which they might be allowed to spend on any extras in food or whatever they wished for themselves. These men should only be allowed at large when a tribunal that has based its opinions on scientific principles is satisfied that the prisoner's reformation is accomplished. There are many classes of work on which prisoners could be employed, such as making bricks and other building material, also smelting and moulding iron, thus providing, the first essentials for an extension of a railway system. The labour of prisoners made use of in such reproductive work should be supervised by artisan warders. The "silent system," or the suppression of speech, is undoubtedly as a punishment an unqualified success. Suppression of speech, together with the gloomy surroundings, the petty and trivial annoyances to which prisoners are subjected from officious warders, and the enforced daily attendance at religious instruction, which usually terminates with a dirge-like hymn, is the cause of many prisoners developing symptoms of mental weakness. A long sentence under the silent system is more inhuman than the brutal treatment awarded to prisoners in early Australian convict days. Some natures it will brutalise and train in crime; others it will wreck physically and mentally. The result in the former case means a return to crime and prison; in the latter a committal to an asylum or workhouse. In either case the victims become a burden on their country for the remainder of their days. The "silent system" should be reserved and applied only as a punishment to refractory prisoners. CHAPTER XXIII. THE PETITION FOR RELEASE. When on parade, the men in a party were always placed according to their height. I thus became a leading file, as I was the tallest man in the prison, standing a trifle over 6 ft. 2 in. in my prison boots. After taking my allotted place in the party, the process of searching was gone through. I was ordered to unbutton my coat, vest, and breeches at the knee, take my cap in my right hand, and my handkerchief in the left, and hold them out at arms' length while an officer passed his hands over my body. This search is carried out four times a day, on going out and returning from labour. When the search is over, and the coast clear--that is, when the old offenders are out of the way--the "stars" march out past the saluting base, where stand the Governor and chief warder, whose duty it is to take down the number of men in each party. The number returning from labour must correspond with the number passed out to labour. The cell is also searched every night before locking up. Once a month a prisoner is subjected to what is known as a "dry bath." The whole party is marched from the works to the bathroom, and one by one put into an empty bath and subjected to a private bodily search. The Portland workshops are situated about a quarter of a mile away from the prison, and are fairly extensive, nearly one hundred men being employed at tinsmithing and foundry work alone. I was now put on to learn soldering tinware. I soon mastered this art sufficiently to do practical work, and was engaged in making all the kinds of tinware used in the prison service, and biscuit tins and oil bottles for the navy. For two days I kept at this work among the acid fumes. My appetite had now almost vanished; I hardly slept at all, and one of my boots had crippled me; I kept up, however, thinking that my indisposition was the result of the change of surroundings. On the third morning I felt very ill and quite unfit for work; I then made an application to see the doctor in the usual way, which necessitated waiting until the dinner hour and parading with the "reporting sick." I went out to work, but as soon as I started I felt dizzy and faint; I went to the warder in charge, and asked to be allowed to rest a little. He, seeing that I was ill, ordered me to be taken to the infirmary at once. I was escorted there by an assistant-warder, and admitted. I was greatly struck by the beautiful cleanliness of the hospital; as I toiled up to the "star" ward, I noticed that the railings were polished like burnished steel, the cells were roomy and scrupulously clean, and in each were an iron bedstead, a table, and chair. The walls were painted a pale green on white, the floors were carpeted with coir matting, the passages with stout canvas, the whole building seemed as silent as the grave. I had not long to wait before the medical officer came in. I described my symptoms, and drew his attention to my foot. After examining me, he remarked, "A touch of influenza." Turning to the warder-nurse, he ordered me a dose of ether and ammonia, and a lead lotion dressing for my foot. I was then ordered to bed, where I remained for eight days; by that time my health appeared to have improved, and my foot was well again. I was discharged from the hospital with a highly-prized concession--boots to measure, without nails. I felt very weak when leaving, and could scarcely walk; I was quite knocked up on reaching the hall, about 200 yards distant. I was again pigeon-holed in my 3 x 7 cell on the basement. The following day being Sunday, I had another rest, with one hour's exercise. The following week dragged on; I could neither eat nor sleep, and my head ached as though it would split. Cramped up in my narrow cell, in a hall in which were nearly 200 prisoners, with an atmosphere which words fail to describe, I rapidly became seriously ill. I kept on with my work until Friday, when I again applied to see the doctor. I went out as usual with my party, and was working on zinc, using "live acid." The fumes almost suffocated me; my head reeled, and for a time I became oblivious of everything. On coming round, I shivered as though suffering from ague; I was again hurried away to the hospital. I thought I was suffering from malarial fever, and told the doctor so. I believe I was treated for that complaint for nearly a week, but I gradually became worse. My case puzzled both the hospital doctors; so one day samples of my blood were taken and forwarded to the Institute of Pathological Research for examination. A reply at once came back that the case was typhoid fever. I was then removed to the end of the ward, isolated and quarantined, and screened off by two sets of carbolised sheets. My condition was considered to be very critical; I was dieted on peptonised milk, Valentine's meat juice, and a little brandy. For nine long weeks I lay hovering over the fine line between life and death; I was so weak I could not raise my hand. Just as the last feeble spark of life seemed about to flicker out I rallied slightly, but did not make any progress. I could not sleep, and opiates had no effect upon me. The day warder-nurse who attended me told me afterwards that often, when he went off duty at night, he never expected to see me alive in the morning. About 7 o'clock one morning I had my breakfast of milk, and do not

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remember anything more; I must have dropped into sound sleep. When I awoke the nurse was standing near. He said, "Oh! you are awake at last; what time do you think it is ?" "About nine o'clock!" I replied. "Well, it is five o'clock in the evening, and I have two pints of milk, a pint of beef tea, and two lots of brandy waiting for you; which will you have first ?" From then I slowly improved. Though so close to death, it rarely, if ever, troubled my head; thoughts of my freedom and return to Australia, my native land, were always paramount. One day, just after I had turned the corner, and was on the road towards recovery, I received from my brother in Australia a copy of the opinion of the Hon. Isaac Isaacs, K.C., and also a copy of the Australian petition to His Majesty the King, which had been based on the opinion, and which I was informed was being supported by tens of thousands of His Majesty's subjects. It was a clear and truthful summary of my case. I read and re-read it, and felt that my release was assured; such a petition could not be long refused. The following is a copy:-- AUSTRALIA. The humble petition of the undersigned, your Majesty's most loyal subjects, Sheweth:-- 1. Prior to May, 1900, George Ramsdale Witton was a gunner of the Royal Australian Artillery, in the service of the Crown in the Defence Forces of the colony of Victoria, Australia. He was born on the 28th day of June, 1874, and is now twenty-eight years of age. 2. On or about 1st May, 1900, the said Witton left Australia for South Africa with the Imperial Australian Regiment, under Lieutenant-Colonel Kelly, with the intention and purpose of serving in the military forces of the Crown against the Boers. 3. After being some time in South Africa he offered his services as a member of the Irregular Corps of the Bushveldt Carbineers, and was accepted, receiving, in consequence of his previous knowledge and practice of artillery, and notwithstanding his inexperience as an officer up to that time, a commission as lieutenant in that corps. He joined the corps on 13th July, 1901. 4. On 5th August, 1901, he joined the Spelonken detachment of the corps, then under the command of Captain Hunt. Captain Hunt, however, with the main body of the Spelonken detachment, when Lieutenant Witton arrived, was some miles away engaging the enemy, and was killed on 7th August. Lieutenant Witton never saw or had communication with Captain Hunt, but was always under the immediate command of Lieutenant Morant, as superior officer, and Lieutenants Handcock and Picton, all of whom were senior to Lieutenant Witton. 5. Lieutenant Witton is at present a prisoner of the Crown at Lewes, England, under sentence of penal servitude for life, by way of commutation by the General Commanding Officer, Lord Kitchener, of a sentence of death by court-martial, upon the trial of Lieutenant Witton on two charges of murder of Boers. 6. No official copy of the proceedings is at present obtainable in Australia, but reliable information has been collected from reports in public newspapers, notably in the weekly edition of the "Times" for 18th April, 1902, and from persons having actual knowledge of the events, and from communications from Lieutenant Witton. From these sources the following circumstances appear to be those connected with the two cases in question. 7. The first charge was that of murdering a Boer named Visser. Visser was captured wounded shortly after Captain Hunt's death. Lieutenants Morant, Handcock, Picton, and Witton had a consultation with reference to Visser, and after that Visser was summarily shot, without trial and without charge. When captured he wore a soldier's khaki jacket or shirt, and was in possession of a pair of Captain Hunt's trousers. Although found guilty of the charge by the court-martial, your Majesty's petitioners humbly urge that for the reasons following no guilt in respect thereof is properly imputable to Lieutenant Witton. 8. He was the junior subaltern. He had so recently joined the corps and the detachment that he could not have personal knowledge of the material facts hereinafter mentioned. It was within a week of his joining the detachment that Visser's case occurred. Lieutenants Morant and Handcock had been for some time (over a month) under the direct control of Captain Hunt, and, therefore, in a position to know exactly what orders he had given and transmitted. The first witness for the prosecution--Sergeant S. Robertson--admitted in cross-examination that Captain Hunt had given direct orders that no prisoners were to be taken, and had also on one occasion abused the witness for bringing in three prisoners without orders. Lieutenant Morant deposed that not only had Captain Hunt given these orders, but also that he had named his authority, Colonel Hamilton. It is true that at the court-martial Colonel Hamilton proved that no such orders had been issued, but that, as your Majesty's petitioners humbly urge, could not be known to Lieutenant Witton at the time Visser was shot. If Captain Hunt informed his subordinates that Colonel Hamilton had given such orders, and Captain Hunt directly required obedience to them, it is humbly submitted that Lieutenant Witton had no course open to him as a soldier but to obey. The order and the interpretation of that order were not left in any doubt according to the statements of his superiors. It is humbly further submitted that Lieutenant Witton would have much exceeded his right, would have been insubordinate, and as an officer been guilty of a serious dereliction of duty if he had ventured to demand from his superior officer proof of the truth of his statement as to the issue and meaning of the orders in question before yielding obedience, because if justified in demanding such proof from Lieutenant Morant, such demand might, as it seems to your Majesty's petitioners, be equally demanded from every officer short of the General commanding. Your Majesty's petitioners humbly submit there was no criminality in a young and comparatively inexperienced lieutenant, with no previous experience in the field, less than a month with his corps, less than a week with his detachment, placing faith in and yielding obedience to the distinct assurances and positive commands of two superior officers, having vastly better means of knowledge, and with all the advantage and power of rank and authority. We also rest reliance on the circumstances of time and place, which seem to be of the highest importance. At a great distance from still higher authority, even had he been disposed to question the authenticity and construction of his orders, immersed in services of continuous activity and serious pressure, engaged with an enemy whose methods, in some instances at least, as is well known, lent some colour to the likelihood of such orders, and having no reason for disbelieving what he was told, and led by a masterful mind and strong personal force, your Majesty's petitioners beg your Majesty's most gracious consideration to the difficult position of this young and inexperienced officer. Lieut. Colonel Pratt, in his "Handbook on Military Law," at page 113, says:--"A soldier, again, is bound to obey the lawful command of his superior officer, and before a court-martial it would be held that a soldier was bound to obey the command of his superior officer, if the illegality of it was not on the face of it apparent." Clode's "Military and Martial Law," at page 56, states that "The power and responsibility of the superior officer, i.e., the senior officer of the highest rank present, is always supreme." No doubt can ever have existed, as your Majesty's petitioners believe, that Captain Hunt had given the orders referred to. Civil-Surgeon Johnson testified that he had heard Captain Hunt reprimand Lieutenant

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Morant for bringing in prisoners; so did Captain Taylor. Collateral corroboration that Captain Hunt believed that such orders were justified appears also from the evidence in other cases as to the practice in other corps. 9. The second charge of which Lieutenant Witton was found guilty was called the eight Boers case. He was indicted, along with Lieutenants Morant and Handcock, with having murdered or instigated the murder of eight prisoners. The facts were that about 20th August, 1901, an intelligence officer named Ledeboer, in charge of a party, captured the Boers and handed them over to a patrol. On 23rd August they were shot. So far as Lieutenant Witton is concerned, he was present with others, but did not take part in any decision regarding the fate of the men. One of them rushed at him and seized hold of him, and then Lieutenant Witton shot him, apparently to protect himself. He neither ordered nor participated in the shooting of the other seven. The prosecution proved that Lieutenant Morant again asserted his orders as his justification, and also stated he had been congratulated by headquarters over the last affair, and meant to go through with it. Clearly, as your Majesty's petitioners submit, Lieutenant Morant took command of the situation and exerted his authority. The defence of obedience to orders, and the view that Lieutenant Witton honestly and reasonably believed in the existence of lawful orders, were, as your Majesty's petitioners believe, materially corroborated and supported by evidence in other cases before the same court-martial, that other corps believed the same thing and acted accordingly. Lieutenant Hannam stated that when he was a trooper in the Queensland Mounted Infantry, on one occasion at Bronkhurst Spruit, in 1900, his squadron took some prisoners and was reprimanded by Colonel Cradock for taking them. Sergeant Walter Ashton deposed to Brabant's Horse receiving orders to take no prisoners, in consequence of specific acts of treachery on the part of the Boers. Your Majesty's petitioners humbly submit that such reprimand and orders could have but one meaning, and that they afford strong reason for not imputing criminal conduct to Lieutenant Witton. 10. Lieutenant Witton states, in a letter of 8th March, 1902, that Sergeant-Major Clarke asked him to intercede with Lieutenant Morant on behalf of the men (British) in favour of Visser, that he agreed with the men that Visser should not be shot, and mentioned it to Lieutenant Morant. Lieutenant Morant, he says, refused to grant his intercession, telling Lieutenant Witton he was justified in what he was doing, and saying that if the men made any fuss he would shoot the prisoner himself. 11. Your Majesty's petitioners, while believing that, under the circumstances hereinbefore appearing, Lieutenant Witton ought not to have been punished as a criminal, desire to place before your Majesty further considerations which they humbly submit should move your Majesty's clemency towards Lieutenant Witton. 12. These circumstances are as follows:--Early on the morning of 23rd January, 1902, and while the court-martial was still in course of trying the prisoners at Pietersburg, an attack on the town by Commandant Beyers took place. So far as your Majesty's petitioners can learn, Lieutenant Witton, then under arrest, but under no personal danger from the Boers, was ordered and permitted to, and did, resume his arms, and until the attack was happily repulsed stand ready if needed to do honourable and perilous service in his country's and your Majesty's cause. Your Majesty's petitioners, while acknowledging that by your Majesty's regulations, such circumstances were not technically or necessarily an answer to the charge, if the same were otherwise established, do nevertheless most earnestly beg your Majesty to graciously regard them as of sufficient weight to induce your Majesty to

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pardon Lieutenant Witton. At one period of the history of the British Army such circumstances would have been considered as almost equivalent to condonation. Clode, at page 103, states the general principle thus:--The discharge of duty involves condonation, and quotes the Duke of Wellington as writing:--"The performance of a duty of honour and trust after the knowledge of a military offence committed ought to convey a pardon," and the author adds that, according to the practice of the Duke of Wellington in the Peninsula, it did so. That such was the practice of so distinguished a commander at a period of our history noted for the rigour of military discipline appears, we think, from a perusal among other sources of the despatch of the Duke of Wellington of 11th April, 1813, and the general order of His Grace dated 11th February, 1811. 13. Your Majesty's petitioners, without desiring to rest their prayer upon any technical grounds, would humbly beseech your Majesty to consider whether Lieutenant Witton has not suffered some disadvantage in not having as one member at least of the court-martial an officer of an irregular corps in accordance with the Rules of Procedure. Reviewing the whole of Lieutenant Witton's unfortunate case, your Majesty's petitioners venture humbly to express to your Majesty the confident hope that your Majesty may perceive room and occasion for royal clemency. Now that peace has been happily re-established, now that our late foes have been enrolled as our fellow-subjects, when even rebels have sought leniency, and not in vain, we approach the Throne asking that your Majesty may be graciously pleased to direct the liberation of the young and inexperienced soldier who, at an anxious moment of our history, ardently offered to his country the last gift of a brave and loyal citizen, and who, if, contrary to the views of your Majesty's petitioners, he erred at all, he erred, we venture most humbly and earnestly to submit, not from wilfulness or design, but, according to the great weight of testimony and probability, from a mistaken sense of duty to obey the official commands of his superior officer. Your petitioners therefore humbly pray that Your Most Gracious Majesty may be pleased to take this matter into your most gracious consideration, and pardon and direct and order the release of the said George R. Witton, and your petitioners will in duty bound ever pray. CHAPTER XXIV. THE LONG SUSPENSE. November and December passed over, and I was still confined to my bed. I had received a cable message from my brother that the Australian petition had closed with 100,000 signatures, and was now on its way to England; it was the largest petition that had ever left Australia. I now began to feel troubled that I would not be well enough to leave the prison when my release came. I was allowed to receive letters more frequently, as the rules are somewhat relaxed in regard to them when a prisoner is seriously ill. When the medical officer visited me on Christmas Day he said I was now making good progress towards recovery, and if I kept on as I was going I would be able to get up the following week. "But," he added, "you will be convalescent for at least another three or four months, but that is nothing, you know, when one is in prison." "Four months!" I exclaimed "I hope to be home long before that." He seemed rather amused at my impetuosity, and said that he could not promise me. The New Year was ushered in with the usual accompaniments of an English winter-fogs, drizzling rain, and bitter cold winds. Portland, too, is an exceedingly bleak spot, where cold winds and rain seem more prevalent than elsewhere. On 3rd January I got up and dressed myself for the first time for nearly five months, but was too weak to walk a step. As soon as I had regained sufficient strength to move about, and there was no further fear of contagion, I was removed to another cell. During my illness and convalescence my door was never closed, a barred iron gate being used instead; this was a merciful concession which made my gloomy surroundings a little more cheerful, as I was able to see and hear a little of what was going on around me. I was visited by numerous Home Office officials, the Governor, and many others, also the medical director, with whom I had a long conversation about Australia and Australian industries, particularly the butter export industry and the use of boric acid as a preservative. I was also on two occasions visited by Captain Harris, a prison inspector, a stout, thick-set man with a stern countenance and piercing grey eyes; he was known and feared by officers and prisoners alike. He had earned the reputation of being the strictest Governor the prison service had ever known; a prisoner could rely upon getting from him all he was entitled to, but a favour never. During one of his rounds he visited the cell opposite mine, in which was located an elderly man who had once held a responsible position in civil life, but had fallen on evil days. Prison life had wrecked his nervous system, and was undermining his health. "Well, what is the matter with you?" said Captain Harris. "I--I--I--feel all broke up, sir," stammered the old fellow. "All broke up, broke up, how broke up, what do you mean?" said the inspector. "I'm all broke down, sir," was the abject reply of the prisoner. There was no mistaking it, either; every day was a torture to him. He eventually got his wish, and was transferred to Parkhurst. One day the president of the Board of Visiting Magistrates came to see me; he told me he was in communication with the war Office, and wished to investigate my case, but I need not say anything to incriminate myself. I told him that I had no desire to conceal or disguise any of the facts or the events that had brought about my conviction; I had not acted with any criminal intent towards those against whom I was fighting, but had merely obeyed the orders of my superiors. I was daily expecting my release, and after this visit I became more impatient. Up to this time the medical officer had not allowed my hair or beard to be cut, consequently I had five months' growth of hair on my head, and had also, cultivated an "Uncle Sam" beard. One day it was decided to have it trimmed with a pair of scissors, instead of the regulation prison clip; the warder and orderly came along with a comb and an antiquated pair of scissors, and set to work. The orderly cut and snipped until his arms ached; the warder then took the scissors and did likewise. The principal warder then came on the scene, took command of the situation and the tools, and finished the contract. This was, I believe, the most notable "hair-cut" in the history of the prison. After this ordeal I returned to my cell. Time passed slowly; every day was much alike in this land of gloom, I expected my release at any moment, and rapidly regained health and strength, and put on weight accordingly. When I was discharged from the infirmary I was heavier than I had ever been in my life before, turning the scales at a very little short of sixteen stone. One afternoon the warder, with several "old lags" as assistants, was serving out the supper. One of the latter, a short, pugnacious-looking little character, stopped opposite my cell. I was standing at the gate, and I noticed this little fellow eyeing me very attentively from head to foot. When the warder's back was turned, he sidled up to me and suddenly whispered, "If I was as big as you I'd fight Sullivan" (referring to the champion American pugilist). And he looked as if he really meant it. When I was strong enough to walk about, and weather permitted, I was allowed exercise in the fresh air for forty minutes every afternoon. What a treat those intervals were, and how I drank in the sharp, bracing air of the English springtime. For some time there was a lunatic in the cell next to mine; he walked behind me as we circled round at exercise. My nervous system had been greatly shaken, and it was not likely to be improved by having a madman walking close to my heels, who talked incessantly without sequence, and at times would break out into maniacal laughter. I usually got over the difficulty by falling out on some pretence or other-my shoestring required attention, perhaps. By some such little stratagem I would get him in front of me. I was not sorry when, after a determined attempt at suicide, he was transferred to Parkhurst. After seven months in the infirmary my health was reestablished. As yet I had received no intimation as to the result of the petition; persistent efforts were still being made in Australia and South Africa to obtain my release. Further petitions had been sent from Australia, supported by members of the Federal and State Parliaments; resolutions had also been passed in my favour by both Houses of Parliament in Natal and Cape Colony; public meetings had been held throughout South Africa, and letters and circulars had been distributed throughout the Empire. Subscription lists had been opened to defray expenses, and a notable one was returned to the Treasurer by a ship's officer who had collected from the passengers. It included people from Nova Scotia, Ireland, Wales, Norway, England, Denmark, Scotland, Belgium, Russia, France, Germany, Palestine, and Japan. Innumerable petitions from public and private bodies and individuals were sent to the Home authorities asking for my release. These were all referred to a War Office whose policy in Africa prevented them from dealing in such a quality as justice. This action of the War Office was greatly resented by the subjects of the Empire generally, and caused strong comment by the press in Australia, South Africa, and Canada. About the middle of May I was discharged from the infirmary, and sent back to my 3 x 7 cubicle. I had heard that there were a few large cells in one of the wards, which had been formed by taking out a partition, thus making two cells into one. I interviewed the medical officer, and asked to be recommended for a larger cell. My request was granted; my quarters were then a little more habitable; the cell, being the second from the end of the hall, was better ventilated. The next day I appeared on parade, to the great surprise of the majority of my fellow prisoners. Vague rumours had been in circulation; some had heard that I was dead, others that I had been released and had gone home. I returned to my old party and made another start at tinsmithing; here I became acquainted with the past life of some of my fellow-workmen. Most of them belonged to the genteel ranks of criminals. There were representatives of the medical fraternity, the Bar, the clergy, the stage, the army, and the navy; bank managers, company promoters, spiritualist mediums, and all sorts and conditions of men--all on an equality, all swelling the revenue of John Bull by making tin cans. When I had been at this work about a month I found that the confinement of the workshop and the acid fumes were again impairing my health. I once more interviewed the medical officer. On this occasion I requested outdoor labour, and the following day I was transferred to 33 party, stone dressing. This party worked in the stone yards near the quarries, about three-quarters of a mile from the prison. I liked this work, and made very good progress. After I had been about a week at it I was complimented on the headway I had made in mastering the art of making "headers and stretchers." The work was in no way laborious, and there was the walk backwards and forwards twice a day; the opportunities of indulging in conversation were also more numerous. While working in the stone shed I had for companions an M.D. on

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one side, and a well-known English champion prize-fighter on the other. One day I saw the champion of the art of self-defence, whom I will call C-03, give a little exhibition of his skill. There is a good deal of jealous spirit shown even in a prison; C-03 accused a fellow-prisoner of backbiting him, and watched for an opportunity to retaliate. The warder in charge just at the time had his head buried in the tool-chest, taking stock of the spare tools. C-03 made a dart like lightning, and with a blow nicely aimed at the jaw felled his maligner to the ground. I was the only person who saw it, and I went to the assistance of the fallen man, and tried to put him on his feet; he was limp and speechless. When the warder's attention had been attracted he inquired of me, "What is the matter with him?" "I think he has had a stroke, sir," I replied. The M.D. was called; he examined the man's pulse; he said it was throbbing and beating in a most erratic manner; the case puzzled him. However, a little cold water soon brought the man round. "What is the matter?" inquired the warder, "did you faint?" "I must have, though it is the first time I ever fainted in my life," was the reply. The sick man was eventually removed to the infirmary, where he was treated for some time for neuralgia. There was also in the party a great burly Irishman, a very strong and powerful man, whose inclinations were strongly averse to any kind of labour. By some means he softened the heart of the medical officer, and was put on light labour, which consisted of breaking refuse stone into fine road metal; this was done in a sitting position. He had for a companion a little hunch-back cripple, whom out of fear he prevailed upon to collect and wheel to him all the stone to be broken. But when his burly companion monopolised all the smallest and soft pieces, and left the larger and hard chunks for his "little mate," it was time to protest. This the "little mate" did, and backed it up by dancing around the big man with a shovel, breathing out threatenings and slaughter. This necessitated the intervention of the warder, who read the "Riot Act" to both of them. There was also another little old man, who had passed his three score years and ten, and was serving his first term of imprisonment. I saw him in the infirmary, when I was struck by the huge boots he wore, which he dragged along the ground as he walked. One day I got an opportunity to speak to him; I asked him why he did not change his boots for a better fit. The old fellow smiled, and replied that he got them like that on purpose, so as to be able to pull them on and off without unlacing them. His three years' term was nearing completion, so I asked him what he intended to do when he was released. "Have a glass and a pipe first," he readily replied. A glass of ale and a pipe of tobacco were evidently the greatest solace the future held for him. This case appealed to me very much; surely justice would not have been violated if his sentence had been suspended after a short part of it had been served. Time went on; I worked and waited, and summer was now well advanced. I had fallen into the stereotyped routine of prison life, and had made up my mind to be civil and silent, and cause as little trouble as possible to those in authority over me. I could see that complaints or violence could accomplish nothing in one's favour in the long run; if the warders were interfered with they never lost a chance of getting their own back. A prisoner who does his work to the best of his ability and obeys all orders implicitly without comment, practically surrendering his individuality to the Governor and his satellites, and having no opinion of his own, is the best off. I settled down to my work and did it tolerably well; I was often rewarded with a cheery word from the Governor or his deputy. One day in August the Deputy-Governor came to me while I was at work and said he was afraid he had bad news

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for me. The first thought that rushed through my mind was a family bereavement; it was my father, or perhaps my mother. He then added, "The petition for your release has been refused." I was staggered for a moment; this was indeed a heavy blow to me. I could not and would not believe that the King had declined to release me. I knew full well that the blocking of all progress to the efforts on my behalf was due to the obstinacy of the War Office; my hopes, however, were not altogether annihilated. I knew there was increased agitation throughout the Empire on my behalf, so I toiled on, and hoped and waited through the winter, which was a very severe one. Another Christmas and New Year's Day passed away, the third I had spent within prison walls. Shortly after this the War Office was reorganised and the Army Council constituted. A slight turn in my favour then occurred, and in reply to a petition which I sent to the Home Secretary I was informed that the question of my release would be considered when I had completed a term of three years' imprisonment. This concession lifted a great weight from my mind. I did not let matters rest here; as soon as I had completed two years and three months, and had earned the number of marks representing a three years' sentence, I petitioned again for my release under the existing Classification and Remission System. Failing this, I asked that my term of imprisonment should date from the award of the sentence, instead of from the confirmation of the sentence, which occurred a month later. The latter request was granted, but I was informed that I must not expect my release until I had actually completed three years' imprisonment. So to this fate I had for the time being to submit. I knew that at Capetown a meeting had been held and a powerful organisation formed, and strenuous efforts were being made for my immediate release. Messrs. W. B. Melville, Herbert Easton, and R. Bruce-Hardy, did Trojan work. An influential deputation waited on Sir Gordon Sprigg, the Cape Premier, with the object of enlisting his sympathy. The following is a summary of the proceedings, extracted from the South African press:-- A deputation of citizens waited upon the Premier, Sir Gordon Sprigg, with the object of enlisting his sympathy on behalf of the movement to secure the release of ex-Lieutenant Witton, of the Bushveldt Carbineers. Lieutenant Witton, it will be remembered, was tried with others by a court-martial in connection with certain military irregularities on the high veldt. He was sentenced to death, which sentence was commuted to imprisonment for life by Lord Kitchener. He is now a prisoner in an English gaol. The deputation consisted of the following gentlemen:--The Hon. J. H. Hofmeyr, and Messrs. J. W. Van Reenan, J. J. Michau, C. A. MacBride, R. Bruce-Hardy, B.A., W. B. Melville, C. R. Juchau, F. W. Wilson, G. W. Baudinet, Thomas Gibson, Drs. Forsyth and Crozier-Durham, Dr. Petersen, M.L.C., D. Van Zyl, ex-M.L.A., and Messrs. Herbert, Easton and D. McKey. Mr. D. McKey, who introduced the deputation, said:-Sir, as a member of the recently-formed Constitutional Club of this city, which includes among its objects the maintenance of the glorious traditions of British justice and fair play, I have the honour to be one of the conveners of this deputation, which has been formed to ask you, as the Prime Minister of this colony, to use your influence in such a manner as you may deem best on behalf of our young fellowsubject, for some time known as Lieutenant Witton, but who is at present undergoing sentence for life in Portland Prison. When first approached upon this matter I was of opinion that it was a case which called for mercy alone, but upon hearing the statements of one of his fellow-officers, and that of others acquainted with the entire facts, I have come to the conclusion that there has been a grave

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miscarriage of justice in committing to prison for life one who I have every reason to believe is an innocent man, and, therefore, as it is justice alone that is sought, it is with that end in view that Mr. Easton and myself called upon and asked you to receive us here to-day, and I feel sure that our appeal for your assistance will not be made in vain. In forming this deputation we have endeavoured to make it non-political by inviting the leading representatives of both the Progressive and South African party, to each of whom we have written, giving at least seven, days' clear notice, and asking them to attend; and I therefore, hope, that whatever may be the outcome of our efforts on behalf of this unfortunate man, our motives will not be misconstrued, as our sole desire is to obtain his honourable release. I have not considered it necessary to go fully into the details of the case, as there are others of this deputation who are in a position to, place the matter more fully before you. I will therefore ask Mr. Herbert Easton to address you, and I beg to thank you for the patient hearing which you have given me. Mr. Herbert Easton said:--Sir Gordon,--Our object in meeting you to-day is to enlist your sympathy and secure your support towards a deep and far-spread movement to obtain the release of ex-Lieutenant Witton on the grounds of justice. We do not approach you to, ask mercy on his behalf, for, regarding him as innocent, we think it a scandal that this young officer is being detained in an English gaol. The War Office is an administration that has lost the confidence of the people, and public feeling on the Witton case has been intensified by the tactics adopted by that discredited administrative board in resisting the, efforts of Witton's advocates to bring the true history of the case to light. The voluminous evidence taken at the courts-martial--on behalf of the War Office--remains withheld, and all official information so far published is that which has been subjected to the severest press censorship. Little by little the true history of Witton's connection with the B.V.C. has come out, and has made a profound impression on the popular mind, which is now filled with anxiety for what we believe to be the unjust fate of a British subject. (Hear, hear.) You, Sir Gordon, are fully aware of the extraordinary excitement caused by the Dreyfus case-how the military authorities of the great French Republic were so wilfully misled as to the accusation against Dreyfus; that it was only after the intemational-and particularly the British press roused such a great wave of feeling by minor discoveries, that the French Government suspected the verdict of the military court-martial, and was compelled to have Dreyfus retried before a civil tribunal, which fully justified the immense trouble and labour taken by the public in his cause. We here to-day feel convinced that we are voicing the sentiments of millions in saying that we believe a retrial of Witton before a civil tribunal will reveal a second Dreyfus case. We are oppressed with the belief that the promises made to, the petitioners to have our statements and prayers brought directly under the notice of His Majesty the King have not in England been carried out to the spirit and the letter, as we, feel assured that, were it possible to reach the ear of His Majesty with the whole evidence, there would be no question that His Majesty would cause a retrial of Lieutenant Witton to be instituted. In conclusion, Mr. Easton read the following letters Schoongezigt, Stellenbosch, 4th December, 1903. Dear Sir,-I regret that a previous engagement to speak at the Paarl on the Chinese importation question will prevent me from joining your deputation. As a firm believer in the fullest possible measure of amnesty, I think that it would be good policy to release Witton. I do not wish to enter on the particulars of his crime, his trial, or his sentence, but upon the broad grounds of policy; I think that you have followed the right course in appealing to the Prime Minister of the colony to use his good offices in laying the case before the Imperial authorities, with whom the matter rests. I am, dear Sir, yours faithfully, JOHN X. MERRIMAN. De la Rey, Gardens, 5th December, 1903. My dear Mr. Easton, I regret very much that I cannot form one of the deputation to interview the Prime Minister in connection with the Witton case. I have to leave on Monday early for Pietersburg to address the electors at several places in that district, where I am a candidate. I hope you will be successful. I cannot see any reason for believing that Sir Gordon Sprigg will not assist you in connection with your efforts re the Witton case. Yours truly, C. Du P. CHIAPPINI. "Ons Land," Kantoor, Kaapstad, 27th November, 1905. Gentlemen,--I have the honour to acknowledge the receipt of your letter of even date with reference to "the Witton case," inviting, me to join a deputation which will wait upon the Prime Minister on Monday, 7th December, and I beg to state that I have the greatest sympathy with the object of the proposed deputation. I would consider it a privilege to be able to do something towards its attainment. I find, however, that it will be impossible for me to be present on that date, seeing that I have already arranged for a public meeting (announced in "Ons Land" of yesterday) at Vredenberg, Saldanha Bay, with my fellow-candidate, Mr. J. A. Smuts, for Saturday, 5th December, and that I shall not reach Capetown again before Tuesday evening, 8th December. I sincerely regret that this previous engagement will prevent me from joining you in the deputation, but I wish you all success, and I shall do all in my power to assist you. Believe me, gentlemen, to be, yours faithfully, F. S. MALAN. Mr. W. B. Melville, who was deputed to state the case for Witton, said:-- "We are grateful, Sir Gordon, for the opportunity you are affording us to-day to lay before you, as the head of His Majesty's Government in this free country, the case of Lieutenant Witton. Your readiness to receive us, and to listen to what we have to say is courtesy and consideration characteristic of you, and appreciated by us. It will be our aim to represent to you to the best of our ability the broad circumstances and salient features of the case as they bear on the innocence of Witton of any act of barbarism or criminal complicity in connection with the tragedies on the high veldt in August, 1901. At the outset, we desire to dissociate ourselves from any defence of the murders and other brutalities which blacken the record of some members of the Bushveldt Carbineers; but we do say that it is unfair to assume that any more than a small percentage of that irregular corps is directly, or indirectly, responsible for crimes that cried to heaven for vengeance. Unfortunately retributive justice, in blind pursuit of the guilty, punished, in at least one instance, the innocent. You will gather from this that we regard the court-martial proceedings as incomplete, and seriously unsatisfactory. As the responsibility of Witton's sad position rests with the court-martial, and as the strength of our position is the imperfect character of that tribunal, perhaps it would be well to state at once how it was possible for that court to fail in arriving at the truth. In the first place it was hurriedly summoned, and sat for three weeks dealing with a host of charges against the Bushveldt Carbineers. Counsel for the defence (Major Thomas) appeared in court forthwith, as he had no time for the preparation of the many cases entrusted to him. He had scarcely a statement to guide him, and was only confronted with evidence while the trials proceeded. There was no chance of testing credibility, and there was little opportunity of sifting evidence. Evidence objected to was admitted, and rebutting evidence, available under ordinary circumstances,

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was unobtainable. The defence, not designedly, but none the less regrettably, was hampered throughout. The period was scarcely favourable to calm judicial temperament, and the accused were prejudiced by the stories current regarding the barbarities of the Bushveldt Carbineers. These barbarities were bad enough, but report made them infinitely worse. The men on trial had to bear the full brunt of every crime, real or imaginary, attributed to the corps. Witton, being one of the accused, had his case prejudiced with the rest. The headquarters of the military were impressed with the necessity of decisive action to counteract the effects of the international wave of horror created by the reports from the high veldt. Necessarily, the mind of the court-martial--in direct touch with Army Headquarters-was imbued with little official sympathy with the men on trial. We do not infer that the court-martial was corrupt; we do say it had been unconsciously influenced by its environment. If the same court-martial sat to-day, its proceedings would be widely different, and its conclusions more in conformity to British justice. We trust, therefore, Sir Gordon, that you will bear in mind the all too rough and ready character of the court-martial. However much it sufficed for the period at Pietersburg, its deliberations and decisions must not be held, at this later and quieter date, to be beyond review and reversal when a precious human life is fretting within the walls of an English prison. "We understand that you, Sir Gordon, have devoted some attention to this case, and that the evidence published in the London 'Times' of 18th April, 1902, may have come before you. That evidence does not fill a page in the 'Times,' whereas the court-martial proceedings extended to three weeks. Not more than one-twentieth part of the evidence has been made public. Press censorship was responsible for the elimination of questions and answers not deemed judicious for public examination during the war. Since the signing of peace the War Office has not been called upon to produce for public inspection the whole of the evidence. It is most unfortunate that the papers--the missing papers--have been so completely hidden from view. We now ask your assistance in procuring a certified copy of the whole of the evidence, believing that such will be sufficient to establish innocence, in Witton's case at least. "As to the condensed and sharply-censored report of the evidence, we desire to say little. As it has been tampered with, it is almost valueless. Nevertheless, it does not disclose the guilt of Witton, even though it infers it. But it does not assist the inquiry. It merely mystifies it." The connecting links in the Witton story have been gathered from many sources, chiefly from those who gave evidence, or who were present to give evidence, and were not called, or who were not asked to be present at the court-martial. It is necessary to narrate everything about which there is general agreement. Here is a copy of a letter addressed by the Church of England chaplain to Handcock's widow. It will explain much that is dark and mysterious in the Witton case:-- "Dear Madam,--I was military chaplain at Pietersburg, in the Northern Transvaal, during all the time that the Bushveldt Carbincers had their headquarters there, and I knew your late husband and all those officers and men who were concerned, for and against, in his trial, and I attended most of the sittings of the courts. And, knowing what I know, I want to say to you that, great as may be your grief for the loss of him, you need feel no shame, but rather pride, on his account. He was a good-hearted man, and a brave soldier, simple and fearless, and he did what he was told. If he did wrong-I do not say that he did-it was the fault of his superiors, who gave him their orders. In the matter of the shooting of the Boer prisoners, of which he and others were found guilty, he acted under

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the orders of Lieutenant Morant, a man of strong feelings and eager to avenge the savage murder of his friend Captain Hunt. "In the matter of the shooting of the missionary, the only one of the crimes charged which really excited any moral indignation, the court, without hesitation, found him not guilty, and never, I should think, has a feebler charge been brought before a court. "I was not a friend of these officers of the Bushveldt Carbineers, but my sympathy was aroused by the harsh treatment they received-in being kept in close arrest (I myself, the chaplain, was requested not to visit them) for some months before they were tried, and by the way the case was, as it were, prejudged from the statements of bad men, and by the utterly false accounts which were inserted in English and, I believe, Australian papers. "I did not see your husband after he was taken down to Pretoria, but I understand that he died simply and fearlessly, as he had lived. "I have heard it said that the execution convinced the Boers of British fairness, and made them ready to come to terms. If this be so, then Lieutenants Morant and Handcock died for their country in a very special sense, and this is one of the many instances of suffering, even if undeserved, bringing salvation." "With much sympathy and good wishes, I am yours very truly, JOSHUA BROUGH." Now, as to Lieutenant Robertson, who gave evidence against his brother officers. During the long imprisonment of the men before they were shot, and the others who escaped the death penalty, he was retained in Pretoria as a witness, and allowed £1 a day expenses. He had afterwards a first-class passage to England and back. As to the witnesses for the prosecution, whose statements were more or less conflicting, some of them boasted openly that they expected to be rewarded with farms. This will show how much their evidence merited reliance. I had an opportunity while in Pretoria, in June of last year, of discussing the case with many ex-irregulars of the Bushveldt Carbineers. Those who had volunteered evidence against their officers would scarcely favourably impress a jury of citizens. Decent young fellows complained that they had not been called for the defence. The conviction of Witton, they declared, fairly staggered them. They begged of me, with no simulated emotion, to do my utmost as a journalist to bring out the truth and to rescue as speedily as possible Witton from the dungeon he did not deserve, for his humanity was apparent throughout his military career, when a ruder nature would have been absolutely corrupted. I promised these young men to do my utmost, and, although effort after effort has resulted in failure, we do not despair of abstracting Witton's case from its musty pigeon-hole in the War Office. I leave to other members of the deputation a statement of what we have done on Witton's behalf. The War Office assures us that "there are no extenuating circumstances in Witton's case." The French Minister for War assured the Republic-and the world-that there was no doubt about the guilt of Dreyfus. The Empire's Dreyfus case is the Witton scandal. It is a greater peril to Empire than a conspiracy of the Powers. Let justice be done and honour vindicated, even though the delicate susceptibilities of the War Office be perturbed thereby. Mr. Bruce-Hardy spoke on the legal aspect of the case as follows:--Sir Gordon Sprigg,-I am afraid that after the eloquent speech of my worthy friend Mr. Melville, I can say but little that will be of any great assistance to this deputation. One point, however, I might put some slight stress on, and that is the legal aspect of the case. Firstly, I would like to cite a clause out of the Army Regulations and Manual of Military Law of 1899, viz., part 1, sec. 9:--"Every person subject to military law who commits the following offence, that is to say, disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office, whether the same is given orally or in writing, or by signal or otherwise, shall, on conviction by court-martial, be liable to suffer death or such less punishment as in this Act mentioned." Now I think the above Act is very plain, and I would take it that in this case it implies that had he (ex-Lieutenant Witton) disobeyed the order given him by his superior officer to shoot the now deceased, he (Witton) would have been guilty of a misdemeanour, and would have been liable to be shot. But to come to the point, we ascertained that ex-Lieutenant Witton did at the time oppose the shooting of the deceased. He stated that as a junior officer he would have to carry out the order of his superior, but he did so under protest; therefore again I might say that I fail to see how this ex-Lieutenant has committed any crime. The only point, as far as I can ascertain, that could be brought up against him is that, having received instructions from his senior in command, he protested, which would be but a slight misdemeanour or offence. But he has not been tried on that account. He was tried for murder, and has been sentenced to penal servitude for life. I must confess that I fail to see where this man has obtained justice. Undoubtedly, if he had disobeyed his orders, he would probably have been sentenced to death or imprisonment. It appears clear that had ex-Lieutenant Witton obeyed or disobeyed he would have been found guilty. Therefore I would submit that this man is, according to Army Regulations, innocent, and I trust that you, Sir Gordon, will see this matter in its true light, and use your best endeavours and advocate a reopening of this case before a civil tribunal. Mr. C. R. Juchau, who spoke next, referred to what had already been done in this matter locally. Continuing, he said:--Shortly before the arrival in Cape Colony of the ex-Colonial Secretary, a meeting was held, at which it was decided to prepare a petition for signatures, and a deputation was appointed to wait on the right hon. gentleman with the petition, and ask him to lay the matter before His Majesty the King. Mr. Chamberlain would not receive the deputation, but would take the petition and place it before the King. This promise we agreed on was not fulfilled. Meetings were held also in Johannesburg and Pretoria, the Boer Generals giving their hearty support to the movement; and this we submit, argues well for the justice of our cause. Sir Arthur Lawley, however, has stated that in Witton's case there were no extenuating circumstances. This, we hold, is a very unfair and most infamous decision in the face of the facts. As you are aware, sir, all our efforts so far have been fruitless, but we are determined to persevere. The press throughout the world has recently been written to and asked to lend its powerful influence to get the case reopened and the full evidence published. Our labours are purely humanitarian, and we are determined to see justice done the unfortunate ex-officer. With regard to one point dealt with in re the shooting of Boer prisoners for wearing khaki, I do not think the authorities concerned will deny the following case which came under my notice. Colonel Cookson's column operated in the Western Transvaal during the later stages of the war. About April, 1902, two Boers were caught in Reitvlei district, about 40 miles from Klerksdorp, and one of these men was drumheaded and shot for wearing a British khaki uniform-I believe by a firing party from B squadron (Major Scott) Damant's Horse. As a trooper of Cookson's column, I know that none of the officers concerned were court-martialled up to the declaration of peace. Captain Baudinet cited the case of the shooting of Baxter, a Boer, for wearing khaki by the order of Colonel Scobell, and up to the time of the signing of peace he had not heard that Colonel Scobell had been tried by court-martial. He had offered at the time of Witton's trial to give evidence on Witton's behalf, but was assured any exculpatory evidence would be superfluous. Mr. J. W. Van Reenan, an ex-officer of high rank in the army of the late Free State, said that on the subject of khaki he wished to make some pointed remarks, inasmuch as previous to the outbreak of hostilities khaki clothing was ordered to be, purchased for the use of the Boer forces. In support of that statement he added that he had to produce vouchers from the various merchants who supplied the cloth. British prisoners captured by the burgher forces on many occasions informed him that orders had been given by British officers that all Boer prisoners found wearing khaki were liable to be shot. Consequently, under these circumstances, he could quite understand the difficulty and uncertainty which must have arisen in the minds of junior officers in carrying out such instructions from superiors. Sir Gordon Sprigg said he had listened with great interest to the speeches of the deputation, and was impressed with the very remarkable features of the case. In many respects they were unique, and he could quite understand that there was widespread public interest taken in the case. He would at once say that he was in sympathy with the wishes of those who desired to see the early release of the young Victorian officer. He could quite understand the difficulties of a court-martial sitting during military operations arriving at just decisions. He would go into the case very carefully, and could promise them that he would put the appeal in the proper quarters in the strongest terms. CHAPTER XXV. FREEDOM AT LAST! A reply was received some time later by Mr. Easton from the Premier's secretary, stating that the Premier had received a despatch from the Colonial Secretary, who said that the Secretary of State for War was of opinion that the time had not yet arrived for advising His Majesty to grant my pardon. Affidavits were secured from E. Hammett, late Sergeant-Major in the Bushveldt Carbineers, and R. Maynard, also a late member of that ill-fated corps; they were as follows:-- I, Ernest Hammett, Squadron Sergeant-Major, late Bushveldt Carbineers, of Taunton, in the County of Somerset, make oath and say as follows:-- 1. That on 20th June, 1901, I joined the Bushveldt Carbineers at Capetown. On the 24th June, 1901, I proceeded to join my regiment, then stationed at Pietersburg, Transvaal. 2. That on 2nd August, 1901, I received orders to join the detachment at the Spelonken, some seventy miles north of Pietersburg, which was commanded by Lieutenant Morant. Lieutenant Witton was the officer in charge of the convoy, which left Pietersburg on 3rd August, 1901, and I, being the senior noncommissioned officer, had many opportunities of conversing with him, and found him to be a thorough officer and a gentleman. We arrived at Spelonken on the 4th August, 1901, at 5 p.m. 3. I am positive that in all the operations in which Lieutenant Witton and myself were engaged, Lieutenant Witton carried out to the strict letter of the law the orders he received from his superior officer only. And therefore I fail to see how he could be held responsible for any regrettable orders given by Lieutenant Morant. 4. Lieutenant Morant and Lieutenant Handcock, who were shot at the old Pretoria gaol on 27th February, 1902, were senior officers to Lieutenant Witton, all being Australians, and, I may add, not drilled to the discipline that is traditional to the ordinary British officers; but for hard work and fighting propensities I never fell in with three braver or more humane gentlemen during my fifteen years' military career. 5. I was arrested on the 24th October, 1901, with the officers of the Bushveldt Carbineers, and detained in the Pietersburg prison until 1st January, 1902,

[Bromhead24]

when I was, for some reason never made known to me, released with Lieutenant Hannam. I, Robert Maynard, make oath and say:-- 1. I was a member of the Bushveldt Carbineers on active service in the high veldt, North Transvaal, and took part in the operations against the Boers. 2. I was acquainted with Lieutenant Witton, and verily believe that Lieutenant Witton at all times carried out to the strict letter of the law the orders he received from his superior officers. 3. In those particular incidents which led to his becoming court-martialled and convicted he was merely carrying out the orders received from his superior officers. Many paragraphs, verses, comments, and illustrations on my case appeared from time to time in the press in different parts of the world. This is from "The Owl," South Africa: Now list to the tale of an injured man-- As ever a one was he-- Who is eating his heart in durance vile, While those who should suffer can laugh and smile, And pick their own company. He came from the land of the kangaroo-- From a land of men, I trow-- To fight or die for Old England's right, To risk the peril, obey the might That should order him to or fro. But an order came, in the course of time, Hard for a man to do; For life, after all, is a precious thing, And it isn't so easy to sever the string When it comes to me or you. But you must not falter, or reason why, In the deadly time of war. You must simply do as you're told to do By those in authority over you, Or what is authority for? He obeyed, as a son of the Empire should, Nor stopped to count the cost; The result was the same, with authority's name, As though he had done it for personal fame, His case was entirely lost. And so, to abide with the vile and corrupt They sent him to prison away, To languish and pine for his freedom divine; Though they made it for life, yet I think there's a sign That he has not much longer to stay. Just about this time Major Lenehan had been reinstated in the Commonwealth forces. To use his own words, he had a terrible battle the lying reports that had been published had discredited the Carbineers in the eyes of the public. Ultimately he succeeded in obtaining the sympathy of one Australian Government, with the above result. In June, 1904, I received a message informing me that my father was seriously ill, and that Mr. Hughes, the then Minister for External affairs, had been interviewed, and it had been suggested to him that, as the Imperial authorities had agreed to consider the, question of my release in the following February, they might be again approached. Mr. Hughes brought the request before the Prime Minister, and a cable message was sent, rehearsing the facts with respect to, my dying father, and intimating that it would be regarded as a gracious act if my immediate release were granted. To this the Hon. A. G. Lyttelton, Secretary of State for the Colonies, replied on 21st June, the date of my father's death, that he was not disposed to depart from the promise made by the military authorities to reconsider my sentence in February, 1905. Early in July, being still ignorant of my father's death, I again petitioned, asking for my release on account of his serious illness; to this petition I did not receive any reply. Just at this time the Hon. J. D. Logan, M.L.C., of Capetown, arrived in England. He was a doughty champion of my cause, and enlisted the sympathy of many of the members of the House of Commons on my behalf, particularly that of Major Eustace Jamieson, M.P., who, after much battling and buffeting, induced the authorities to grant my release. Not expecting this to be accomplished for several days, Mr. Logan returned to his home in Scotland. Upon arrival at Cardross House, in Perthshire, he found a telegram waiting for him to the effect that the prisoner Witton would be handed over to him at once. This meant returning immediately to England. Mr. Logan was completely knocked up, and hardly felt equal to the task, but he ordered out his motor car, caught the midnight express at Stirling, and arrived in London the following morning. My case had been brought forward in the House of Commons during the night of 10th August. Mr. Churchill asked the Secretary of State for War whether he could now state the intention of His Majesty's Government in respect to Witton; to this question Mr. Arnold-Foster replied, "His Majesty the King has been pleased to order that Witton be released." (Cheers.) The first intimation I received that my sentence had been remitted, and that I was at last free, was imparted to me by the Governor of the prison in his private office, on Thursday, 11th August. He asked me if I knew the Hon. J. D. Logan or Major Jamieson. I replied that I was not personally acquainted with either of those gentlemen. "Well," he said, "I have just received a telegram instructing me to hand you over to them; they will be here at three o'clock to take you away. There is not much time to get you fitted out; however, we will do the best we can for you." After being handed several congratulatory telegrams I was hurried away to the separate cells. Here I began to collect my thoughts. So at last the glad tidings had come, and in two hours I would pass the barrier that separated the bond from the free. My joy was unutterable, yet it was tinged with one regret-I wished that it had come a little sooner. I had received the news that my father had passed away, and I felt that the knowledge that I had gained my freedom would have gladdened his heart in his last hours. At the cells I was waited upon by the tailor and shoemaker, who took a rough measurement for clothes and boots; after this a hurried visit was paid to the photographer's studio. Here I took off my prison jacket and donned a coat of mufti, many sizes too small for me, and a collar that fastened at the back; an antiquated, faded tie completed the civilian outfit. In a few minutes two photographs were taken, also finger prints on the Bertillon system of identification. Upon returning to my cell the master tailor brought me an outfit of clothes, the, largest size in stock. I cast off my prison garb and donned a suit of dark green tweed, a suit which proclaims every wearer to the world as an ex-convict. When I dressed myself the trousers required to be turned up at the bottom, and the sleeves at the wrists, but I was satisfied. I did not ask for anything different. The tailor inspected me and remarked, "It's not a bad fit after all." I was then taken again to the office of the Governor. By this time Mr. Logan and Mr. Herbert Kitson, his private secretary, had arrived. On being ushered in, Mr. Logan came forward and congratulated me on regaining my freedom, and informed me that he intended taking me to Scotland for some grouse shooting. The Governor then handed me over some money that had been lodged with him by my brother pending my release, also a sum of thirty shillings earned by industry and good conduct during my incarceration. I was not furnished with any formal discharge from His Majesty's prison until some weeks later. I was handed over to Mr. Logan, and after being warmly congratulated by the Governor and his deputy, we passed out through the barrier; then the gates rolled back, and I entered again into my freedom. More than one officer came up and wrung my hand, and wished me good luck. A carriage was in waiting outside, and we hurriedly drove to the railway station. My first thoughts were to send the good news to my relatives in Australia, and from Weymouth a cablegram was despatched to my brother. This was hardly necessary, as the news had flashed round the world before it had been imparted to me. We reached Waterloo station at 9 o'clock, and drove to the Hotel Metropole for dinner. Here I met Major Jamieson, M.P., and expressed to him my warmest thanks for his efforts on my behalf. As we sat down to dinner I could not help thinking of the dinner I had with the late officers of the Carbineers the night before we left Pietersburg, when we were in happy expectation of freedom the following morning. After a few hours' rest we drove to Euston, and boarded the midnight express for the North. I tried to sleep but could not; so much had been crowded into the last few hours that my brain seemed in a whirl. At eight in the morning we arrived at Stirling, where Mr. Logan's chaffeur was waiting at the station with the car. In half an hour we arrived at Cardross House, Mr. Logan's shooting-box in Perthshire. As soon as breakfast was over the guns were brought out, and we joined the other guests, who had made an early start on Flanders Moss; just eighteen hours after leaving Portland I shot my first grouse. The ladies joined us for lunch, making a pleasure party of twelve. This, my first luncheon on the moors, was to me a notable one; speeches and toasts were indulged in, and here I made my first speech. My host, the Hon. James D. Logan, member of the Cape Legislative Council, is a popular figure in South African circles, where he is universally known as the "Laird of Matjesfontein." This genial son of Scotia was born at Reston, Berwickshire. He is the life and soul of South African sport, and at one time took a South African cricket eleven to England at his own expense. When the war began he raised a corps at Matjesfontein, and did excellent service at the front; he had his horse shot under him at Belmont. Those weeks I spent with Mr. Logan I look back upon as the brightest in my life, being such a contrast to the abode of gloom I had so suddenly left. On 29th September I embarked at Liverpool on the White Star liner "Runic" for Australia; the passenger list totalled 500. Splendid weather was experienced during our run to Capetown. At Capetown the "Runic" remained in port only a few hours. Here I was met and warmly welcomed back to South Africa by Mr. and Mrs. Herbert Easton, Mr. Bruce Hardy, Mr. Palmer, and other members of the Capetown Release Committee, who had done such excellent work in making the facts of my case so universally known. On the 12th November 1904, after a chequered experience extending over nearly five years, I placed my foot again on my native soil. On my arrival in Australia I met among others Mr. Wainwright, general secretary of the Australian Natives' Association, and his son, Mr. Austin Wainwright, who so ably assisted my brother in his efforts towards my release. I also met Mr. Alfred Deakin, a true compatriot, who during his term of office as Prime Minister of the Commonwealth had been untiring in his efforts to secure my liberty and return to Australia.

[Bromhead24]

That too me a long time to cut and paste the book...Hope you all enjoy it.

Bromy

[neferetus]

Thanks, Mike. A mighty effort.

[neferetus]

So, what do you think of the movie, BREAKER MORANT?

[Greg C.]

When I have two hours of spare time, I reckon I'll sit down and read the rest of it...

[seguin]

Wow - it´s 6-7 pages long! I´ll have to take my time to read it. Thanks, Bromy!

[neferetus]

Has anyone seen the film?

[Bromhead24]

neferetus said:

Has anyone seen the film?

I have it on VHS and DVD and i think it's a great film.
As usual, the film makers only used Lt Wittons book as a guide and there where many inaccurate events in the film.

Read the book then whach the film and you will notice what i'm talking about.


Spoiler.....

Lord Kitchner later said during WWI that he did infact order the executions of the boer prisoners that Morant and Handcock where executed for......Politics

[neferetus]

Why would Kitchener later admit it? Did he feel he was above being held accountable for it?

[Bromhead24]

neferetus said:

Why would Kitchener later admit it? Did he feel he was above being held accountable for it?

I'm not sure, i believe that it is explained in the book.
Lord Roberts from his staff perjured himself on the stand, hell Kitchners staff knew about the orders to shoot prisoners.

I know that Lord Kitchner was killed not long after in the Gallipoli campaign (i think) when his ship was torpedoed.

The Australian Government is just as guilty as Kitchner, they ignored pleas for help from Major Thomas and when the citizens of Australia found out (after the execution) they went nutz
and just about overthrew the Government.

They changed their ways after that.