"The only direct evidence incriminating Arabi was that of Suleiman Sami,[84] who stated that Arabi had not only ordered him to burn Alexandria, but to kill the Khedive. The evidence of this man was open to grave suspicion. He was arrested at Crete and brought to Alexandria, where he was received by the Governor and the Préfet de Police, one of whom accompanied him some distance in the train. Immediately on his arrival at Cairo he was brought before an extraordinary sitting of the Commission, which lasted till between eight and nine p.m. No notice was sent to me of the prisoner's arrival, or of the intention of the Commission to examine him, though I live close to the building in which the Commission sits. The next morning, when Suleiman Sami's examination was continued, he was confronted with two other prisoners, who at once contradicted his statements on important points. His bearing before the Commission produced an unfavourable impression, as he was the only prisoner who showed want of dignity, and weakness when questioned. He was also so deeply implicated himself in the burning and looting of Alexandria, that it was only natural he should try to incriminate others. As regards the specific charges against Arabi Pasha it appeared to me—
"1. That if there were any abuse of the white flag on the 12th July, a fact in itself not easy to prove, it was through ignorance and not through design. I may mention that white flags were flying on the Aboukir forts throughout the whole of the military operations.
"2. That there was no evidence to connect Arabi with the massacre at Alexandria on the 11th June, and that it is doubtful whether a deliberate massacre of Europeans was ever intended. That the massacres at Tantah and other places after the bombardment were caused by the low-class refugees from Alexandria, and that they ceased as soon as the troops were sent down. That, after the first excitement had passed, order was preserved, and that there are instances of orders having been sent by Arabi to the Governors of towns, &c., to preserve order and protect Europeans.
"3. That the evidence which connects Arabi Pasha with the burning of Alexandria is conflicting, and that there is no sufficient proof that he ordered the town to be destroyed. The portion of the town actually burned by the troops seems to have been small. The fire appears to have broken out about four p.m. on the 12th, and the troops evacuated the town on the same evening. It then became the duty of the Civil Governor to preserve order, as far as he could, until the English occupation of the 14th. It is difficult to say where Arabi's responsibility ended and that of the Civil Governor commenced. It is also probable that some of the fires were lighted by the Bedouins, who had assembled contrary to the wish of Arabi, and had entered the town on the 12th, and possibly also by British shells.
"It is certain, however, that the houses in the Place Mehemet Ali were burned by Suleiman Sami and his regiment. Suleiman Sami asserted that he acted under orders from Arabi. On this point he was contradicted by Arabi and others, and some prisoners stated that Arabi sent messengers to prevent the burning of the houses. It must be remembered that no evidence was taken for the defence, and that no witnesses were cross-examined."
Under these circumstances it became necessary to consider what was best to be done. On the 18th November Lord Dufferin wrote to Lord Granville as follows:—
"I have the honour to inform your Lordship that I saw the Khedive to-day, and gave His Highness to understand that I thought it very unlikely that sufficient proof would be forthcoming to authorize the execution of Arabi and the political prisoners, and I suggested the alternative of deportation. I was glad to find that His Highness was prepared, if required, to accept this result, provided Arabi and his family were removed from the country en bloc, and his property forfeited; in which event the Egyptian Government would allow a maintenance for his women and children, who, the Khedive observed, ought not to be punished for another's fault."
Towards the latter part of November all parties interested became more or less disposed to accept a reasonable compromise, somewhat on the lines indicated in Lord Dufferin's letter.
The English Government was aware of the block caused in Egyptian affairs and in the projected reforms by the trial, the proceedings of which Mr. Broadley spoke of extending over some months.
The Egyptian Government, after being informed of the inconclusive character of the evidence, and being given to understand that no capital punishment would be allowed, lost all heart in the business, and only longed to get the rebels out of the country. Mr. Broadley, on behalf of the accused, was equally willing to accept a compromise. With a tribunal such as that before which he was to plead, he felt that his chances of success were small. He might, indeed, drag on the proceedings for an indefinite period, but in the end the solution would probably be less satisfactory to his clients than would result from a well-considered arrangement "out of court."
The details of the compromise arrived at were that all charges except that of simple rebellion were to be withdrawn, and that as regards this the prisoners should plead guilty. A sentence of death was to be recorded on this plea, but a Decree should be signed commuting the sentence to exile from Egypt. The prisoners were to forfeit their rank and property, and to give their parole to proceed to any British possession indicated, and to remain there until permitted to leave.
Only a very few persons in Cairo were informed on the evening of 3rd December that Arabi and his confederates were to be brought before the Court-martial the following morning.
The proceedings were exceedingly simple, everything having been arranged beforehand. A room had been fitted up as a Court House in the old Daïra Sanieh, where Arabi was confined, and the proceedings were public. At nine o'clock on the 4th, Raouf Pasha, the President, and the other members of the Court-martial, took their seats. General Sir Archibald Alison sat at a desk to the right of the President, and Sir Charles Wilson on the left. Arabi was on Sir Charles Wilson's left, his Counsel sitting just beneath him. He wore a dark greatcoat with a white cachemire scarf round his neck. He looked somewhat thinner than he was previous to the bombardment of the forts of Alexandria. He had grown a short beard, which was partly grey.
The report of the Commission of Inquiry to the Court-martial was then handed in. The following is a translation of this document:—