Chief Justice Reitz, on sentencing the culprits, who were all found guilty, did so in plain words. Addressing each in turn, after asking them whether they had anything to say, said in Dutch, of which the following is a literal translation (to Scotty Smith): “It is a pity that a man of your appearance should deal in stolen property. There is no excuse for you; it is a gross crime. The boundary line is getting dangerous for our people. It is quite an accident that Kemp was not killed. I took you for a man who knew better. I will punish you severely.”
To Leigh he said: “You are a sergeant in the police, you are a protector of the public, and you come into another land to commit a robbery. You come with a dished-up story; better you had not told such a thing. You, a sergeant in the police, using a knobkerrie and revolver. You might, in the strict letter of the law, be hanged; but now-a-days a more lenient view is taken. You were stopped by an accident from being hauled up for murder.”
To Herman: “You are a mean little scoundrel, acting in that way whilst a fellow co-religionist was being robbed, and perhaps all but murdered; such a little fellow you are. You get used for paltry, mean things, and here you assist in a mean way in a serious crime.”
To Welford: “The evidence against you, I think, is conclusive, although you have a right to say there is a conspiracy against you; those can believe you who like. I believe you are the man who started the whole thing. I would not wonder if you first originated the matter. You see the result of commencing by virtually doing a business of theft, because you think the law here could not touch you. Such action leads me to be more severe in your case. I think you are all sensible people; you knew it all well; there is no plea of ignorance.”
The four prisoners were then sentenced to four years’ imprisonment each; with Scotty Smith and Arthur Gerald Leigh twenty-five lashes in addition.
So far as Kemp was concerned, the chief justice, adding injury to insult, refused his application for the return of the diamonds, giving as his reason that “Griqualand West was a civilized country with competent courts, and if these were his diamonds he could go to Kimberley, prove them to be his lawful property, and no doubt get them.”
Kemp, as Chief Justice Reitz advised him, in the following December brought an action against the chief of the Griqualand West detective department for the recovery of the diamonds, which resulted in a judgment of “absolution from the instance” with costs, the diamonds remaining in the care of the detective department. Judge President Buchanan, in giving this decision, distinctly stated that he did not believe Kemp, but allowed him another opportunity, if he chose, to prove the diamonds were not stolen property.
Kemp then noted an appeal, which came before the appeal court in January 1886, at Capetown. The Premier, Mr. Upington, who appeared for the detective department, said there was no proof that the diamonds were Kemp’s. He was another’s servant—a noted Free State (!) diamond buyer—had never been in possession of the diamonds, and was not entitled to sue. Mr. Leonard, the attorney general under the former (Scanlan) ministry, who appeared for Kemp, said he “would not ask the court to believe, as was attempted in the court below, that a thief could recover stolen property, but there was no proof that the diamonds in question were stolen.” The court, in giving judgment, held that there was no proof that the diamonds were Kemp’s property and dismissed the appeal, and the diamonds were forfeited to the Crown.
This decision was hailed with delight by the mining community, as it tended to overthrow a clique of pseudo-legal and illegal buyers, who had long worked in concert; therefore, at the present time, the Transvaal and Natal are the only territories where transactions in stolen diamonds are capable of not being criminally brought home to those engaged in them.
This so far is a faithful account of the I. D. B. trade and its various ramifications.