Part 17 (1/2)

CHAPTER IX.

LIFE IN GAOL.

In the Transvaal no distinction is made between ordinary criminals and those who in other countries are recognized as first-cla.s.s misdemeanants. Consequently the Reformers, without regard to the nature of their offence, their habits, health, age, or condition, were handed over to the gaoler, Du Plessis, a relative of President Kruger, to be dealt with at his kind discretion. For two days the prisoners existed on the ordinary prison fare. The majority being men in the early prime of life and in excellent health, suffered no ill effects, preferring to do with little or no food rather than touch that which was doled out to them; but to the others it was a rather serious thing. There were several men between fifty and sixty years of age whose lives had been spent under favourable conditions. There were some suffering from consumption, one from diabetes, one from fever, one from dysentery, and several others from less dangerous but sufficiently serious complaints. All alike were compelled to sleep upon the floor, with two thin blankets for protection. They were locked in at 6 p.m., and allowed out at 6 a.m. Sanitary accommodation was represented by the presence of a couple of buckets in the sleeping room. The air-s.p.a.ce per man worked out at 145 cubic feet as against 900 feet prescribed by English prison regulations. Ventilation was afforded on the one side by square holes cut in the corrugated iron walls of the shed,{35} and on the other (the buildings being lean-to's against the permanent prison buildings) by grated windows opening into the native cells. Needless to say, these grated windows were originally intended to afford ventilation to the native cells, but the buildings to accommodate the Reformers had been erected against the side-walls of the Kaffir quarters. The stench was indescribable. At 6 a.m. the prisoners were allowed out into the yard, where they had the option of exercising throughout the day. The lavatories and bathing arrangements consisted of a tap in the yard and an open furrow through which the town water ran, the lower end of which was used as a wash-place by prisoners, white and black alike. Within a foot or two of the furrow where alone was.h.i.+ng of the person or of clothing was allowed stood the gaol urinals. There was neither adequate provision in this department nor any attempt at proper supervision, the result being that through irregularities, neglect, and defective arrangement the ground on both sides of the water-furrow for six or eight yards was horribly stained and saturated by leakage. Many of the prisoners could not approach this quarter without being physically ill. Without further detail it may be stated that there were at that time over 250 prisoners, about 100 of whom were white. There were three closets and six buckets for the accommodation of all, and removals took place sometimes once a day, sometimes once in every four days. Nothing but the horror of such conditions, and the fact that they prevail still in Pretoria Gaol, and presumably in other gaols more removed from critical supervision, could warrant allusions to such a disgusting state of affairs.

At 6.15 breakfast was served. A number of tin dishes, containing one pound of mealie-meal porridge (ground maize) each were placed in a row on the ground in the yard in the same manner as a dog's food might be set out. A bucket near by contained some coa.r.s.e salt in the condition in which it was collected in the natural salt pans, the cubes varying from the size of peas to the size of acorns. No sugar, milk, tea, or coffee, was allowed. In order to utilize the salt the prisoners were obliged to crush it with rough stones on the cement steps. Needless to say, but few partook of this food. To those who had not tasted it before in the course of prospecting or up-country travelling where conditions are sometimes very hard, it was no more possible to swallow it than to eat sawdust.

Dinner was at twelve o'clock, and it consisted of coa.r.s.e meat boiled to that degree which was calculated to qualify the water in which it was boiled to be called soup, without depriving the meat of all t.i.tle to be considered a separate dish. With this meal was also served half a pound of bread. Supper, which was provided at five o'clock, was exactly the same as breakfast.

Two days of this fare told very severely upon those whose physical condition was not of the best. By the third day several of the older men and those in ill-health had broken down and were placed on hospital fare. Matters were sufficiently serious to induce the authorities to allow gradual amelioration of the conditions, and by degrees food of a better cla.s.s was introduced. Mattresses and other articles of bedding were allowed, but stretchers although provided for in the prison regulations were denied to the men until a few hours before their release a month later, when the prisoners were permitted by the gaoler to purchase them, no doubt with an eye to reversion to him in the course of a few hours. From time to time the regulations as to food were varied at the whim of the gaoler. On one day only cooked food would be allowed in; on another only raw food; on a third nothing but tinned stuff; on a fourth all was turned back at the gates with the exception of that obtained by a few individuals at a heavy premium.

A day or two after the pa.s.sing of sentence representations were made to the prisoners, excluding the four death-sentence men, that it would be advisable to appeal to the clemency of the Government for some mitigation. In that case, it was stated, there was every reason to believe that the sentence of imprisonment would be entirely remitted and that the sentence of banishment would also be commuted. The individuals from whom this suggestion first came were of the cla.s.s which habitually trades between the Government and the public-the gentlemen of the backstairs. For this reason some of the prisoners gave considerable credence to the reports, whilst others for the very same reason would have nothing whatever to do with them. Hence arose a condition of things very like a deadlock among the prisoners themselves. It was represented by these agents that it would be worse than useless for some of the prisoners to pet.i.tion if many others refused to do so and stood out. Some of the prisoners did actually pet.i.tion-a course of action which was strongly condemned by others; but it should be borne in mind that there were among the prisoners many men who were in bad health and poor circ.u.mstances, who had heavy responsibilities in private life, and who were not only unable to pay their fines, but even unable to make any provision for their families during incarceration. Such conditions would tend to shake the nerve of most men.

With this nucleus to work upon the Government through their agents began a system of terrorism by which they hoped to establish conditions under which their 'magnanimity by inches' would appear in the most favourable possible light. The first pet.i.tion presented for the signature of the prisoners was one in which they were asked to admit the justice of their sentences, to express regret for what they had done and to promise to behave themselves in the future. The doc.u.ment closed with an obsequious and humiliating appeal to the 'proved magnanimity of the Government.' The reception accorded to this was distinctly unfavourable, copies of the pet.i.tions being in some instances torn up and flung in the faces of those who presented them. The great majority of the prisoners refused to have anything to do with them, and on representing the view that any appeal so couched was not consistent with their self-respect, they were informed that the pet.i.tion had already been shown to the President and members of the Executive Council and had been approved by them and that it would not look well to alter it now.

Every effort was made for some days to induce the prisoners to sign this doc.u.ment, but they refused. A certain number of the men were opposed to signing anything whatever, even the most formal appeal to the Executive Council for a revision of sentence. They based their refusal upon two reasons: 1st, that they had been arrested by an act of treachery and tried by a packed Court, and if the Executive recognized the injustice of the sentence they might act spontaneously without pet.i.tion from the prisoners; 2nd, that they believed that any doc.u.ment however moderate which they might sign would only be the thin end of the wedge by which the Government hoped to introduce the principle of individual statements and pleas-that is to say each one to excuse himself at the expense of his neighbour, and thus enable the authorities to establish by the prisoners' own confessions the extent of the guilt and complicity which they had been unable to prove.

Under such conditions an appeal was made to Messrs. Rose Innes, Q.C., and Solomon, Q.C. These gentlemen had remained in Pretoria and devoted their time and energies to obtaining some amelioration of the conditions of imprisonment and some mitigation of the sentences imposed upon the Reformers. The pet.i.tion as presented by the Government was shown to Mr. Innes, who indignantly rejected the suggestion of signing any such doc.u.ment. As the strongest reason adduced in favour of signing pet.i.tions was the statement that according to law and custom it was impossible for the Government to take cognizance of the prisoners' case even with every desire to mitigate the punishment unless it was brought before them by direct appeal, Mr. Innes undertook to see the President and Chief-Justice Kotze on the subject. By this time further suggestions had been made on the subject of pet.i.tions, and the prisoners were being urged among other things to name in plain terms the extent and manner in which they would like their sentences commuted. This proposal was regarded as a preposterous and ridiculous one; but nothing is too ridiculous for Pretoria and it was necessary to deal seriously with it.

In these circ.u.mstances, Mr. Rose Innes interviewed the Chief Justice, in order to get the highest authority in the country as a guide. Mr. Kotze would not at first express an opinion as to whether pet.i.tions should be sent in, but he was evidently inclined to recommend them as politic, 'But,' said Mr. Innes, 'it is not a question of policy; it is a matter of law. Is there anything in the law which renders it necessary for a prisoner to pet.i.tion before his sentence may be revised by the Executive-anything which debars the Executive from dealing with his case if he does not pet.i.tion?' Mr. Kotze's answer was clear: 'No, certainly not-nothing whatever!'

In the interview with the President which took place immediately after this Mr. Innes was brusquely informed that pet.i.tions from the prisoners were of no value, and would receive no consideration; that the President did not want any of their pet.i.tions; and that he was guided solely by his burghers, who had already pet.i.tioned in the matter. 'I would pay more heed,' said Mr. Kruger, 'to a pet.i.tion from fifty of my burghers than to one from the whole of Johannesburg.' At the conclusion of an unpleasant interview, which called for all the tact and good temper at the command of the gentleman who was interesting himself on behalf of the prisoners, the President added in an offhand manner, 'The pet.i.tions can do no harm and might strengthen my hands in dealing with the rest of the Executive; so they can send them in if they like.'

With this answer Messrs. Innes and Solomon returned to the gaol, and after informing the prisoners of what had taken place advised them, under the circ.u.mstances, to make a formal but respectful appeal for a revision of the sentences. It was their opinion, based upon the information which they had at great pains gathered, and it was also the opinion of the Chief Justice, that no pet.i.tion was necessary, and that the sentences would be brought under the consideration of the Executive by the memorials of the burghers; but they considered that as interested persons or indiscreet friends had already suggested the idea of pet.i.tions, and as a refusal now to sign anything might have a very unfavourable effect upon persons with the disposition and character of those with whom they had to deal, it would be advisable to make an appeal so worded as to formally comply with the requirements of the extreme party in the Executive; one which would satisfy those of the prisoners who were in favour of appealing, and would not be offensive to those who were against pet.i.tions at any cost.

The strongest reason for urging this was to preserve unanimity of action among the prisoners. The course was in fact a compromise designed to satisfy those who considered a pet.i.tion of some sort to be necessary, and those who would not as they expressed it 'sacrifice their self-respect' by asking for anything from the people who had treated them in what they deemed to be a dishonest and treacherous manner.

All the prisoners except Messrs. A. Woolls-Sampson and W.D. (Karri) Davies agreed to this: many did so much against their own wishes because of the appeal to stand together, and because it was strongly urged that their obstinacy would affect not only themselves but would prevent the liberation of others whose circ.u.mstances were almost desperate. They yielded-it is true-but remained unconvinced. To Messrs. Sampson and Davies the answers of the Chief Justice and the President are now of considerable importance, since the reason given for their detention involves the repudiation of the a.s.surances given by the President and Chief Justice.

Those who had not signed any other form of appeal now made a formal application to have their sentences brought into review by the Executive Council. They stated then their belief that it was only the beginning of the pet.i.tion business that it would be wholly ineffective and that it was to be understood that they would sign no more under any circ.u.mstances. This application was deemed by the emissaries of the Government to be sufficient to comply with the requirements, and promises were conveyed to the prisoners that the sentences would be at once taken into consideration and commutations announced. In the course of a day or two however further demands were made, and the prisoners were informed that they would be dressed in prison garb under severer regulations specially pa.s.sed for them unless they at once pet.i.tioned against this course.

Again Mr. Innes represented their case to the Government at the dictate of his own feelings of humanity, and not prompted thereto by the prisoners themselves, most of whom would have been glad to see the Government wreak their vengeance in petty and vindictive provisions. The proposed alterations were however abandoned without protest from the prisoners after the supply of convict garb had been sent up to the gaol. So matters went on day by day, each day bringing its fresh instalment of threats promises and cajoleries, each morning its batch of disappointments. It was at first difficult to say what object the Government had in view in endeavouring to compel the Reformers to sign pet.i.tions, unless it were the unworthy one of desiring to humiliate men who were already down, or the perhaps more contemptible one of forcing them to turn informers by a process of self-excusing and thus enable them to differentiate in the commutations. The fact remained that repeated efforts were made and pressure brought to bear upon the men to induce them to sign. One pretext after another was used. Finally the naked truth came out: the Government required each man to state in an individual declaration the extent of his guilt the extenuating facts and the circ.u.mstances under which he became a.s.sociated with the Reform movement. This was exactly what had been foretold by men who understood Boer methods.

The means resorted to by the gaol officials to enforce this pet.i.tion-signing were characteristic. The gaoler (Du Plessis) is one of the most unfavourable specimens of his race. Unscrupulous and brutal in his methods, untrustworthy as to his undertakings, and violent and uncertain in his temper, he singled out those among the prisoners whom he considered to be the leaders of the 'stiff-necked' party as he termed it, and treated them with as much severity as he could. These men found themselves unable to obtain those facilities which were regarded as the right of all the prisoners. Upon occasion their food was stopped at the gates, and visitors-their wives and families-were refused admission, although provided with permits from the proper authorities and complying with the gaol regulations; and on more than one occasion he informed individual members of this party that the 'pet.i.tions would have to be signed,' that they would have to 'go down on their knees to the Government,' otherwise they would 'rot in gaol.' All this undisguised eagerness to obtain the signatures naturally only strengthened the resolution of the men who stood out. They had already against their wishes and judgment signed one application, and more than that they refused to do. When it was found to be impossible to induce the men to inform against each other, some modification was made in the demands of the pet.i.tion-hunters and some prisoners were asked and induced to make statements concerning their own part in the late movement, making no allusion to the part played by others, and, for reasons which it is impossible to divine unless it was designed to lead to something more, this was regarded by the Government as a desirable step.

The suspense and disappointment added to the original sentence upon a man who was never even mentioned in evidence and who took no part in the Reform movement, beyond a.s.sociating himself with the organizations for the protection of property in Johannesburg, told so severely upon one of the prisoners that his mind became unhinged, and in the course of the following period he developed marked signs of homicidal and suicidal mania. His condition was so serious that strong representations were made to all the officials connected with the gaol-the gaoler himself, the district surgeon, the commissioner of police, and the landdrost of Pretoria. The prisoners themselves organized a system of guards or watches over their comrade, pending the result of their representations to the officials. On the fourth day however the unfortunate man, driven out of his mind by the constant and cruel disappointment of purposely raised hopes, eluding the watchfulness of his friends took his own life.

The news of this event was received with horror throughout South Africa, the more so as for some days previously the newspapers had hinted at some such impending catastrophe. In the course of the inquiry which was held evidence was given showing that the gaol surgeon had reported the state of affairs to the proper authorities some days before, but in a formal and half-hearted way. Evidence however was forthcoming that four of the prisoners (themselves medical men) had forcibly represented the extreme seriousness of the case to the gaoler, the gaol surgeon and the landdrost of Pretoria, and had induced the a.s.sistant-gaoler and warders to support their representations, but all without avail. The result of the inquiry was to lay partial blame upon the doctor and to acquit everybody else-a result which the public have been used to expect in the Transvaal. It is somewhat difficult to see how the decision was arrived at, seeing that in the offices there was the record of a special pa.s.s granted to the unfortunate man's wife to visit him and remain with him for a considerable period on the previous day in order to cheer him up and avert serious consequences. The incident told severely upon the nerves of those who were not themselves in the best of health, and it was found necessary immediately to release or remove others among the prisoners for fear of similar results.

The Government seemed to realize that it was inc.u.mbent upon them to do something in order to allay the feeling of indignation which was being roused throughout South Africa at their manner of treating the prisoners, so a further instalment of magnanimity was decided upon. On the day of the unfortunate affair the manager of the Government newspaper, The Press, was authorized by President Kruger and other members of the Executive to inform the prisoners that they would have to make modified personal statements of the nature previously indicated, and if these pet.i.tions were presented to the Executive Council by 8 a.m. on the following Monday (the prisoners would then have been three weeks in gaol) orders for their release would be issued by Monday night. In order to secure a favourable reception of this suggestion it was arranged that the clergyman who was to conduct Divine service on Sunday in the gaol would deliver this message from the President to the prisoners at the conclusion of the service, and urge the men for their own sakes and for the sake of their families and of their friends to abandon the position which they had taken up and to sign declarations of the nature required, and so secure their release. Nor was this all. Outside the gaol the wives of those men who stood out against the pet.i.tion movement were informed by Government officials that unless the demands of the Government were complied with by their husbands they would serve the full period of their sentence. Pressure was brought to bear upon these ladies and special facilities were given them to visit the gaol, avowedly in order to bring about the desired end.

Eleven of the prisoners-apart from the four whose punishment in subst.i.tution for death had not been decided upon, and who were therefore not concerned in the pet.i.tions-declined to reconsider their decision, and elected rather to serve their term of two years; and they expressed the conviction at the same time that these promises of the President would not be kept any more than others had been. The result justified their judgment. After a postponement of two days on some flimsy pretext the official intimation of the commutations was given to the prisoners on Wednesday, May 20. Instead of the release positively and definitely promised the term of imprisonment was reduced in the following degree: Ten men were released, twenty-four men were condemned to three months', eighteen to five months', and four to one year's imprisonment; and the clemency of the Government towards the four leaders was indicated by a sentence of fifteen years each.

Even a short period of imprisonment under the existing conditions meant certain death to a proportion of the men sentenced, and it is not to be wondered at that the 'magnanimity' displayed by the Government after the disappointments and delays seriously affected the health of a number of the men, following as it did closely upon the tragic affair already alluded to.

With regard to Messrs. Sampson and Davies no decision was announced, it being intimated by Dr. Leyds that, as they had made no pet.i.tion, their case had not been brought before the Government, and the Executive had therefore no official knowledge of their existence. But the extent of the Government's magnanimity was even then not fully known. On the following day it was announced to the prisoners that they had been misinformed with regard to the five and twelve months' commutations-that the intention and resolution of the Executive was merely to grant these men permission to appeal at the end of the periods named to the aforesaid magnanimity.

Some prominence has been given to the cases of those prisoners who were unable for physical or other special reasons to withstand the strain; and it should therefore be made equally clear that in many cases the men regarded with contemptuous amus.e.m.e.nt the cat and mouse policy and the stage-managed magnanimity displayed towards them. They were perfectly well able and willing to endure the sentence pa.s.sed upon them, and they were not misled by Boer promises in which they had never had any faith at all. There are good reasons to be a.s.signed for the willingness of many of the men to make appeals to the Government: sheer hard necessity and the sufferings of those dependent upon them were among these reasons; and it is unfair to consider these appeals to have been due to loss of nerve.

There were among the prisoners twenty-three Englishmen, sixteen South Africans, nine Scotchmen, six Americans, two Welshmen, one Irishman, one Australian, one Hollander, one Bavarian, one German, one Canadian, one Swiss, and one Turk. This variety of nationalities should receive due consideration when questions such as for instance that of the flag are considered. In this matter of pet.i.tions it was not to be expected that men whose a.s.sociations with the country had been limited to a few years should experience the same depth of feeling and bitterness of resentment as the South Africans born who look upon the country as their native land and who view with keen resentment the att.i.tude of the Boers towards them in the Transvaal, so much at variance with their att.i.tude towards the Boers in the neighbouring colonies. Nothing could ill.u.s.trate this difference in feeling better than the fact that of the eleven men who throughout declined to sign pet.i.tions eight were South African born, one Australian, one English, and one Scotch. There is nothing discreditable to others in these figures; they simply indicate the difference of feeling which did and indeed naturally must exist. The South African born men consider themselves to have been robbed of a portion of their birthright; the others have not the same reason for thinking this.