It would seem, then, that the Union Government would be well-advised to pass an Act similar in principle to the one above referred to. By so doing, the disagreeable position Natal found herself in during the trial of Dinuzulu would be largely mitigated by eliminating, ab initio, elements of discord and all appearance of injustice.
An Act indemnifying all authorities and persons acting under them, in regard to acts during the existence of martial law, similar to that of 1906, was passed by the Legislature and assented to by the Governor in August, immediately after which martial law was revoked (11th). A decision was come to at the same time to appoint Mr. R.H. Addison, acting Magistrate at Nongoma, Chief over the Usutu (Zulu) tribe, until the result of Dinuzulu's trial had been made known. "The appointment of a European Magistrate as Chief over a Native tribe, though not frequent, is occasionally resorted to as a temporary measure when, in circumstances like the present, it is considered desirable to keep in close communication with the tribe, and there is no Native headman through whom this can satisfactorily be done."[337]
After Dinuzulu's counsel had collected all the evidence they were able and wished to do in Zululand, and their client's case had otherwise been sufficiently prepared, arrangements were made for the Special Court to begin its session at Greytown, viz. on the 3rd November. The Town Hall was suitably fitted up for the purpose. The venue was appropriate, seeing it was in the district in which the Rebellion had started. Besides Dinuzulu, there were five other Natives to be indicted. A beginning was made with the case of Cakijana, charged with high treason. After a trial extending over a week, the prisoner was found guilty and sentenced to seven years' imprisonment with hard labour. Jombolwana, charged with the murder of Chief Sitshitshili, was next tried. The sentence of death passed on him was carried out in December.
The trial of Dinuzulu, the most important event that had ever occurred in Greytown, began on the 19th of November. The accused had, however, already pleaded on the 10th to an indictment of high treason, consisting of twenty-three counts. His plea was 'not guilty' to each. The Attorney-General (The Hon. T.F. Carter, K.C.) with Messrs. D. Calder, W.S. Bigby and G.E. Robinson, appeared for the Crown, whilst the Hon. W.P. Schreiner, K.C., with Messrs. E. Renaud and R.C.A. Samuelson, were for the defence. Among those specially, though unofficially, concerned were Misses Harriette E. and Agnes M. Colenso.
Although a large number of European witnesses gave evidence, the case was purely a Native one. The proceedings were conducted in English and Zulu, the principal interpreter being Mr. J.W. Cross, J.P., one of the senior Magistrates of the Colony, and Magistrate at Greytown, as will be remembered, when the Rebellion broke out.
In view of the large numbers of witnesses required by the prosecution and the defence, and the long duration of the trial, it became necessary for separate camps to be erected for them.
At the beginning of the trials, considerable interest was taken in the proceedings by residents of Greytown and neighbourhood. This, however, soon began to wear off until Dinuzulu himself gave evidence and, later on, when counsel for the Crown and for the Defence were addressing.
The Court adjourned on the 22nd December, and resumed on the 4th January, 1909. The prosecution closed on the 18th. Beginning on the following day, the defence terminated on the 23rd February. By this time, the Court had sat sixty-seven days; ninety-five witnesses had been examined for the Crown, and sixty-eight for the Defence.
Of the witnesses called for the prosecution, forty-seven were Europeans and forty-eight Natives. Of those for the defence, sixty-four were Natives, including Dinuzulu (who took no less than ten and a half days to give his evidence), and four Europeans. The evidence amounted to no less than 6,148 typed folio pages.