At this time Chief-Justice Kotzé undertook several journeys to the Free State and Cape Colony, ostensibly to rid himself of insomnia, but in reality, as results proved, in order to employ a judge for this trial. His choice eventually fell upon Mr. Gregorowski, formerly a judge in the Free State, and at that time State-Attorney to that country.

Mr. Gregorowski was noted on the Bench for the peculiar severity of his sentences on all except Boers. He had moreover expressed openly in Bloemfontein his wish that he might have the trying of 'those Reformers; he would give them what for.' These things were not known at the time of the trial; nor had the fact yet come out that before taking the oath of office he had endeavoured to borrow from at least one of his colleagues a black cap for the forthcoming trial. His attitude at the time is sufficiently indicated by what he wrote shortly after the trial, in defence of his action, 'I came up to put down rebellion. I have done so with a strong hand, and I believe that my judgment will bear good fruit in the future.' The prisoners could not but contrast the action of the Government in employing and appointing, on approval, a judge who had no status whatever in the country, with their action in declining to allow Mr. Rose Innes to appear at the Bar on the pretext of his previous qualification not being in order; and it was felt to be ominous that an independent and upright judge, against whom there could be no objection, should be passed over, and another specially imported for the occasion.

The trial was at last fixed to take place on April 27, and the indictments were served upon the accused six days before that date. The following is the list of those who were committed for trial:

The indictment served on all alike was as follows:

H.J. Coster, State Attorney of the South African Republic, who, on behalf of the State, prosecutes, brings to the notice of the Court:

That they (citing the accused), all and each or one or more of them, are guilty of the crime of High Treason:

Firstly: In that in or about the months of November and December in the year of our Lord one thousand eight hundred and ninety-five, the exact dates being unknown to the State Attorney, they, the said accused, at Johannesburg, Witwatersrand Goldfields, South African Republic, being citizens of, or residing in, this Republic, all and each or one or more of them wrongfully, unlawfully, and with a hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, treated, conspired, agreed with and urged Leander Starr Jameson, an alien, residing without the boundaries of this Republic, to come into the territory of this Republic at the head of and with an armed and hostile troop, and to make a hostile invasion and to march through to Johannesburg aforesaid.

Secondly: In that they (the said accused), being citizens of, or residing in, this Republic, all and each or one or more of them, there and then in conjunction with Charles Leonard and Dr. H. Wolff, now fugitives, and other persons unknown to the State Attorney, appearing and acting as a committee, by them named the 'Reform Committee,' after the above-mentioned Leander Starr Jameson, on or about December 29, in the year aforesaid, had come from without the Republic, at the head of and with an armed and hostile troop, in the neighbourhood of Ottoshoop, district Marico, into the territory of this Republic, and had made a hostile invasion, and had violently attempted to penetrate through to Johannesburg aforesaid, wrongfully, unlawfully, and with a hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, gave, or attempted to give, the aforementioned Leander Starr Jameson during his hostile invasion aforesaid information about the state of the defences at Johannesburg, and had armed troops ready to assist, and sent assistance to him, and subsequently by seditious speeches made, or caused to be made, in public, with the object to persuade and induce the people there to stand by the aforementioned Jameson in his hostile invasion, and further have assisted him, the aforementioned Jameson, during his hostile invasion above mentioned, by providing him with provisions, forage, and horses.

Thirdly: That in or about the month of December, in the year aforesaid, and in the month of January in the year one thousand eight hundred and ninety-six, exact dates not known to the State Attorney, at Johannesburg aforesaid, they (the said accused), being inhabitants of, and residing in, this Republic, all and each or one or more of them, then and there, in conjunction with Charles Leonard and Dr. H. Wolff, now fugitives, and other persons unknown to the State Attorney, appearing and acting as a committee named by them the 'Reform Committee,' wrongfully and unlawfully, and with a hostile intention to disturb, injure, or bring into danger the independence or safety of this Republic, have distributed, or caused to be distributed, amongst the population there, and in the neighbourhood thereof, Maxim guns, other weapons, arms, and ammunition; further, have enrolled men, or have caused them to be enrolled, and have formed them, or have caused them to be formed, into military corps; have erected there, or caused to be erected, earthworks and other fortifications.