[329] This Chief and his men were present, as also some 200 of Mpikanina's, though late in moving towards the road and drift; the delay arose through having to search dongas, etc., for firearms.
[330] The guns were unlawfully in the possession of these Natives, as was conclusively proved by letters and figures stamped thereon.
[XXII.]
PRELIMINARY EXAMINATION AND TRIAL OF DINUZULU.—WITHHOLDING OF HIS SALARY.—HIS SETTLEMENT IN THE TRANSVAAL.
Within ten days of Dinuzulu's removal from Nongoma, a beginning was made with the preliminary examination. Mr. T.R. Bennett, one of the senior Magistrates, was appointed, by virtue of being a Justice of the Peace for the Colony, to hold the inquiry, under the authority of Ordinance No. 18, 1845. Mr. W.S. Bigby, an advocate of the Law Department, appeared for the Crown, and Messrs. E. Renaud and R.C.A. Samuelson for the accused. The examination was held at the Central Gaol, Pietermaritzburg. The gaol rather than the Magistrate's court-room was chosen so as to obviate the necessity of escorting the prisoner twice daily through the streets of the town for the whole time the examination lasted, viz. seven months. Numerous witnesses, mainly Natives (of both sexes) gave evidence, much of it very lengthy. The longer the inquiry continued, the better the understanding obtained by those concerned of the case in all its bearings. Charges, at first somewhat vague, soon began to assume definite shape, thereby facilitating the labours of the prosecution, whilst confining the efforts of the defence to specific issues. At the same time, much evidence of a loose, general and hearsay character was given, inevitable with Native witnesses, which, though it may have prejudiced, and perhaps did prejudice, Dinuzulu to some extent in one way, often benefited him in another; and the longer the inquiry lasted, the more numerous were the opportunities of the evidence for the Crown being weakened or deliberately undermined.
Ever since the beginning of the Rebellion, Dinuzulu's name had been freely referred to in all parts of Natal and Zululand as associated therewith. The great majority of Europeans regarded him as having exerted a distinctly evil influence, whilst a few held he was rather sinned against than sinning. The opportunity had at last come for sifting things to the bottom. Of this the Government resolved to take full advantage. It is, therefore, not surprising that the scope of the inquiry was wide; that European and Native witnesses were exceptionally numerous; that they had to be procured from all parts of Zululand, Natal and the Transvaal; and that the investigation was as rigorous and protracted as it was. At the same time, probably better results, from a judicial as well as political point of view, would have been attained by concluding it sooner.
Among the means available to Dinuzulu for meeting the expenses of his defence was his salary of £500 per annum. This he had been in the habit of drawing regularly from the Natal Government ever since his return from St. Helena in 1898. As soon as he was arrested, however, the Natal Government suspended payment, on the ground that he was no longer discharging the functions in virtue of which it had been granted. As the Imperial Government was concerned in his appointment as Chief, its approval was sought, but, owing to a difference of opinion, this was withheld.
In order to appreciate the situation that then arose, it would be well to refer to the conditions under which the Chief was repatriated, quoted at length on p. 478.