Arrived at Graaff Reinet, I was instantly removed to gaol, where I was confined in a small room. Here, isolated from the rest of the world, I was to spend many anxious days and sleepless nights. During the day I was allowed to stay a few hours in an inner yard or enclosure of the prison. The rest of the time I was locked up, and no bright sun-rays could revive my drooping spirits. I begged permission to go as far as the prisoner's yard, and promised not to speak to the other prisoners—no, not even wink an eye, and should I transgress in any respect the guard could shoot me down. I desired intensely to move and breathe in the open and pure air—Nature's gift to all. But this favour was too great. On the contrary, I was forbidden, on penalty of death, to address any one. To add to my misery other forces seemed to co-operate. For the very evening after my arrival an unknown gentleman entered my room. He carried some documents, and politely informed me that I must get ready for my trial. He hinted, moreover, that I should expect the worst. If I had not a will, and wanted one, it should be drawn up without further delay. If I had any documents to be disposed of, I should arrange about these as well. In short, this kind (?) fellow gave me to understand that my career was soon to terminate. How? That was the question.
The next morning the local magistrate came to pay me his respects. The unpleasant remarks of the previous evening were cruelly reiterated, enlarged upon, and emphasized. The magistrate volunteered very kindly to submit, if necessary, all my papers to some one I may please to appoint. He would also deliver messages to my sorrowing friends and relatives. As my trial was pending, I asked him what he meant by talking such nonsense. Surely the British were not going to shoot each and every Boer officer whom they captured, and that without fair trial!
Though no coward, I must admit that such conversations were not calculated to produce a favourable impression on my mind. They might have been well meant, but did more harm than good. It is one thing to face the enemy on the battlefield, where one may defend himself; 'tis something else to be dangerously, almost mortally, wounded, and then to be at the mercy of the foe. For three consecutive nights Nature's greatest gift—sleep—to suffering humanity had departed from me. Why could I not sleep? Was it fear that kept me awake? No, not that. My conscience was clear, my hands unstained. But locked up in that small room, with no one to speak to, my thoughts began to multiply, and I lay meditating night after night. That was enough to make a young man old and grey. Yet there was one friend who helped me to beguile the dreary hours of confinement. That friend was my beloved pipe.
One evening, towards the end of February, I was told to appear before a military court the following morning. This announcement seemed strange to me, for I was not prepared for a trial. I was resolved what to do.
At 8 o'clock the next morning I was taken by an escort of six soldiers to the court-house. Having taken my place in the prisoner's box, I listened to my charges, which were recited as follows: Fourteen cases of murder; wreckage of trains; and ill-treatment of prisoners-of-war. To the question, "Guilty or not?" I pleaded "Not guilty," whereupon I was requested to make my defence, which I declined to do; for the public prosecutor had promised me, and rightly so, that, if I could produce any witnesses to disprove the [alleged] charges brought against me, I could summon them. As none of my witnesses were present, nor an opportunity of enlisting the services of an advocate and solicitor given me, I refused to take upon me the burden of pleading in self-defence. I knew that if I did acquiesce in such a trial, it might prove fatal to my best interests. It would then be urged, too, that Kritzinger had a fair trial, when condemned to death, something which would be altogether untrue.
After I had thrice declined to be tried without witnesses and legal advice, I was sent to gaol, and told to be ready for trial on the 7th of March. I now addressed a letter to General French, in which I brought to his notice how I was being treated. French wrote back that he had corresponded with Lord Kitchener concerning my case, and that Lord Kitchener's orders were that I should have a fair trial, i.e., legal defence and witnesses for my case.
On the 1st of March, seven days before the appointed trial, I was again summoned to appear in court. My charges were read out, and the same questions were submitted to me. Again I declined to make a defence, and remarked: "I am in your power, gentlemen—you may do as you please, pronounce any sentence; but I shall not defend myself." I then referred the court to French's letter, whereupon I was again removed to my lodgings.
Meanwhile, I succeeded in enlisting the services of Advocate Gardiner and Attorney Auret, Graaff Reinet, and made such arrangements that my witnesses could be present at the trial.
Advocate Gardiner arrived on the evening of the 6th of March. The following day the court-martial commenced. As my witnesses had not yet arrived, it was decided that the evidence for the prosecution should first be taken.