Several servants of the accused were also called as witnesses for the defence, and a number of discrepancies were found to exist in the various accounts given of the circumstances connected with the trip to Victoria—a matter not without importance, as one at least of these servants would probably have accompanied the accused if he visited Victoria in October as well as December.

One thing was quite clear: viz., that the accused was at Victoria in or about December, 1909, and that he then collected subscriptions. The question therefore naturally arose as to whether his presence in December was inconsistent with his presence there on the 17th and 18th October. There could be no doubt that it was not. It is true that he had produced evidence that he was only at Victoria once during the year 1909, but this evidence was not of high value. There was nothing to prevent the accused having been at Victoria on the 17th and 18th October. His letters to Freetown showed that he had intended to begin his tour early in October, but his start was delayed until the 20th. The first Human Leopard meeting at Yandehun was, according to the prosecution, on the 13th October; prominent members of the Society would have had notice of this meeting prior to the 13th October. Assuming that the accused had such notice, he would have received it just about the time he had originally meant to start, and this would account for his start being delayed until the 20th of October. And the view that he made a surreptitious visit to Victoria for unlawful purposes was strongly supported by the fact that the witnesses for the Crown who testified to his visit had been tampered with. Then the chain of facts worked out by the prosecution connecting the witnesses and the letter of 18th October with the accused’s visit, though not sufficient to be of itself corroboration, was significant confirmation of the story of the informers.

The Court in giving judgment stated that, as the accused was a man of education and a minister of religion connected with a Missionary Society, they had been slow to form an opinion adverse to him, but that after careful and anxious consideration they were unwillingly forced to the opinion that he was so connected with the Human Leopard Society that it was expedient for the security, peace and order of the District that he should be expelled from the Colony and Protectorate of Sierra Leone; and this was accordingly done.

This man, who was born in America, successfully raised his American citizenship on the previous occasion when he was indicted for cannibal murder. The trial of a person residing in the Protectorate for an indictable offence ordinarily takes place before the Circuit Court Judge and assessors, who take the place of a jury, the assessors being usually native chiefs who sit with the judge and advise him on questions concerning native law and custom. At the close of the case the judge sums up to them as he would to a jury, and they individually give their opinion as to the guilt or otherwise of the person being tried. The judge, although he is not bound by their opinions, naturally attaches a good deal of weight to them, but the final verdict is left entirely with him. Non-natives, however, have the right, when charged with a capital offence, to be tried by a judge and jury in the Colony instead of the Circuit Court Judge and assessors, and the plea to the jurisdiction was successfully raised by counsel when the accused was before the Circuit Court, on the ground that he was an American subject and therefore a non-native so far as the provision regulating the trial of natives of the Protectorate was concerned. The case was then transferred to Bonthe, where he was found Not Guilty by a jury of educated natives. After his acquittal he rejoined the United Brethren in Christ Mission and went on a lecturing tour through America on behalf of the Mission. One of the European members of the Mission who was present during the trial of the case before the Special Commission Court stated that he had heard him lecture in the United States, and that by his eloquence and interesting description of Sierra Leone he drew large audiences and was successful in collecting a considerable sum of money for Mission purposes. He is also known in England, where he had many friends; on several occasions he has been the guest of persons in high position, to whom his trial upon a charge of cannibal murder must have come as a most unpleasant shock.

[15]. These two witnesses were subsequently prosecuted for perjury before the Circuit Court and found guilty.

HINTERLAND TYPES.

CHAPTER VII
BORFIMA AND MEMBERSHIP CASES

The first of these cases was one against an important person who held high office in the Imperri Chiefdom. The charge against him was that in or about the month of July, 1912, he had in his possession without lawful authority or excuse certain articles, to wit a native medicine commonly known as “Borfima,” and a “kukoi” or whistle, contrary to Section 2 of Ordinance No. 28 of 1909 (The Human Leopard Society Ordinance) as amended by Section 7 of Ordinance No. 17 of 1912. There were two other counts charging him with (i) the custody and (ii) the control of the “Borfima” and “Kukoi” mentioned above. The accused was a man of striking personality, and appears to have exercised a great influence in the Imperri Chiefdom.