The Court sat at Graaff Reinet on December 18, 1901, and there were sixteen charges brought against the prisoner—seven of murder, one of attempted murder, one of placing prisoners in firing line, one of ill-treating prisoners, three of flogging (one being a British subject and two natives), one of destroying railways, one of train-wrecking, and one including fifteen charges of arson.
The one charge on which the finding of “Not guilty” was returned was the fifth, which related to the case of two scouts named John Jackspan and Johannes Rooji, who were shot in September at Wildepaardefontein, Montagu district. These men were shot, but the evidence went to show that it was by the order of Commandant Van der Merwe, Scheepers being on the farm at the time lying ill in a cart.
The first charge of murder on which a verdict of guilty was returned was that of shooting two natives named Jacob Fillis and Kiedo, captured when scouting in September at Secretaris Kraal; the second was a charge of shooting a Kaffir policeman named Moycwka at Brakwater in January 1901; the third was that of shooting a native, name unknown, at Uitkomot, in March; the fourth was that of shooting a native scout named James at Brighton in August; the sixth was the shooting of a native named John Kennedy in the Worcester district in September; and the seventh the shooting of Zederas, a native, at Kruis River, the victim being first sjamboked. This was also in September. The other charges were fully proved. In all fifty-two witnesses were called for the prosecution.
Apart from two witnesses whom he called, Commandant Scheepers gave evidence himself. He said his name was Gideon Jacobus Scheepers, that he was a Free State Burgher, and head of the Heliographic Department at Bloemfontein.
“I surrendered on the 10th October 1901, and at that time I occupied the position of commandant in the combined forces of the late South African Republic and Orange Free State. I was promoted to the rank of commandant in the month of March last, but through some cause which I do not know of the formal appointment only reached me in August last. Previous to this I held the rank of captain. On 15th November 1900, I and the troops to which I belong came into the Cape Colony under General De Wet’s command, but General De Wet did not himself come into this colony at that time. While we were with Commandant Kruitzinger he was in chief command, but as soon as the forces divided I was in chief command of my division. Before I came into the Cape Colony, on above date, there was a council of war held in the Free State, composed of all the chief officers in command. At this council of war propositions were made and carried that a letter should be written to Lord Kitchener drawing his attention to the destruction by fire and otherwise of property in the Free State and Transvaal, saying that if this destruction did not cease the officers in command of troops invading the Cape Colony would after a while receive instructions to proceed with destruction in the colony of all properties belonging to persons not friendly to the Republics. Prior to this letter, one to the same intent and conveying the same information had been written to Lord Roberts. In March last proclamations issued by General De Wet and signed by ex-President Steyn reached me, and the contents thereof was an instruction to the officers in the Cape Colony to treat all persons not on friendly terms with the Republics to the same destruction of property as had been done by the British in the Free State and Transvaal. I saw a copy of this proclamation in one of the Graaff Reinet newspapers. My instructions and proclamations I have handed over to my successor.”
The prisoner then dealt with the various charges in detail, declaring in respect of some that he had given no orders, as to others that the men were shot after sentence by courts-martial, and that they were spies. As to the destruction of railways, the train-wrecking, and the burning of farms, he pleaded that he was only carrying out the instructions of his superior officers. He vehemently denied having ill-treated his prisoners.
General Map of the Eastern Portion of Cape Colony
In the course of the trial the following telegram was received by the president:
“December 21st, 1901.
“Can fact that Scheepers spared my son’s life—Grant, 12th Lancers—in time of great excitement, September twenty-third, be pleaded in mitigation of sentence if sentenced? Please forward this to confirming office.
Grant, Monymusk.”