there, all the evidence goes to show that Jan Jonkers must have
been with Wessels, and not with Kritzinger. Wessels captured these
men, and therefore must have done the shooting.

"Then there is the question of identifying a horse. Both natives
say it was a black horse, and the other evidence shows it was a
chestnut horse. It may appear strange that our men remember the
horses, but I would certainly trust any Boer, who has to deal with
horses all his life, rather than a native. Then Kritzinger says he
left the commando and went up to the kopje. Wessels had not arrived
yet, and that, sir, is borne out by every one of Kritzinger's
witnesses; and, as he says, and all the witnesses say, it was in
Kritzinger's absence that Wessels arrived and the shooting was
done. Kritzinger says he heard the shots and chaffed Wessels about
an ox he supposed they were shooting. But whatever was done in
Kritzinger's absence was done entirely without Kritzinger's
knowledge, and, sir, by men who belonged to Wessels, because
whoever did the shooting it was done by men belonging to the
commando who took these natives prisoners. Now, sir, it is
unfortunate that the witness who was with Kritzinger on the kopje,
and who could also have heard the shots, is not here. I know it is
not the fault of the Court that he is not here. It is unfortunate,
though, that this man is in St. Helena. But Kritzinger is already
corroborated by his other witnesses, and against them is only a
single native witness. There is, of course, this story of a
conversation between Kritzinger and the boy Jan Louw. Kritzinger is
supposed to have said to the boy: 'Did you see those boys? They are
to be shot. Put down your billies, and go and be shot also,' and
then at once to have changed his mind: 'Never mind, my boy, get the
water.' It is an improbable story. Jan Jonkers does not appear to
have heard the conversation at all. None of Kritzinger's men appear
to know of it, and I submit it was not said by Kritzinger, if said
at all. Then on the prosecution's side one native witness is
contradicted by all the other witnesses.

"Before I close the case for the defence, I would like to refer to
the character of the prisoner. In this case I am well aware that
character is not a ground of acquittal. I know, sir, t