After passing the minor sentences the judge gave a short address to the burghers, in which he thanked them for their attendance and made allusion with evident signs of satisfaction to the manner in which the trial had been brought to a conclusion. A long delay followed during which the judge proceeded to note his judgments. Once his attention was drawn by a remark of an official to which he replied promptly, at the same time breaking into a broad smile, but suddenly recollecting the circumstances and the presence of the men sentenced to death, placed his hand over his mouth and wiped the smile away. The incident was of course noticed by many people in Court and helped to strengthen the impression which a limited but sufficient experience of Mr. Gregorowski had already created.
If the belief which now obtains, that the Reformers were enticed to plead guilty and misled as to the probable consequences of that plea, should outlive personal feelings and leave a permanent mark in South African history, it will be because it survives a searching test. In South Africa—as in many other countries—it is the invariable practice of the Courts to decline to accept the plea of guilty to a capital charge. The prisoner is informed that as the plea involves capital punishment it will not be accepted; and a formal trial and sufficient evidence of the crime are required by the Court. That is done even in cases where the prisoner knows what the punishment will be! In the case of the Reformers the State Attorney had, it is true, informed Mr. Wessels that he would be obliged pro forma to put in certain evidence, but the reason was not given, and Mr. Wessels regarded it merely as the quid pro quo for accepting unquestioned the written statement of the four accused! Mr. Gregorowski in defending his sentence has stated that under Roman-Dutch law he had no option but to pass sentence of death. Yet contrary to the custom with which seventeen years' practice had made him familiar he accepted the plea of guilty—and accepted it without a word of explanation or of warning! Is it surprising that people should want to know why?
The men were removed from Court under very heavy escort, the condemned men being conveyed in a closed carriage and the rest of the prisoners being marched through the streets to the gaol, the whole party moving at a foot pace. A little incident at the start did not fail to attract attention. The officer commanding a section of the guard having issued his orders in Dutch and some confusion having ensued, the orders were repeated in German, with a satisfactory result.
One more incident—trifling perhaps in itself but leaving an ineffaceable impression—occurred during the march to the gaol. As the prisoners slowly approached the Government buildings, Dr. Leyds accompanied by one friend walked out until within a few yards of the procession of sentenced men (a great proportion of whom were personally well known to him) and stood there with his hands in his pockets smiling at them as they went past. The action was so remarkable, the expression on the State Secretary's face so unmistakable, that the Dutch guards accompanying the prisoners expressed their disgust. His triumph no doubt was considerable; but the enjoyment must have been short-lived if the accounts given by other members of the Executive of his behaviour a month later are to be credited. The man who stood in safety and smiled in the faces of his victims was the same Dr. Leyds who within a month became seriously ill because some fiery and impetuous friend of the prisoners sent him an anonymous letter with a death's head and cross-bones; who as a result obtained from Government a guard over his private house; and who thereafter proceeded about his duties in Pretoria under armed escort.
It is stated that the death sentence was commuted the same afternoon, but no intimation of this was given to the prisoners and no public announcement was made until twenty-four hours later. In spite of the vindictive urgings of the Hollander newspaper, the Volksstem, few could believe that the death sentence would be carried out and most people recognized that the ebullitions of that organ expressed the feelings of only a few rabid and witless individuals among the Hollanders themselves and were viewed with disgust by the great majority of them. At the same time the scene in court had been such as to show that the Government party—the officials and Boers then present—had not regarded the death sentence as a mere formality, but had, on the contrary, viewed it as a deliberate and final judgment. In such circumstances therefore it can be believed that the prisoners themselves were not without misgivings.
Footnotes for Chapter VIII
{33} Died in prison.
{34} Unable, owing to illness, to stand trial with the others. On recovery, Mr. Curtis returned to the Transvaal, and decided to plead 'not guilty,' whereupon proceedings were dropped.