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"The witnesses for the defence all state that there were no prisoners with the commando at Grootplaats, yet the accuracy with which they describe different horses, and the date of seeing Van Aswegen, i.e., 13th February, 1901, is little short of marvellous.

"We may take it therefore that Kritzinger can only be responsible for a murder when he has given either general or special orders, or when he knew of it beforehand, and consented to its being done. Now, sir, what proof have we of that being so in this case? "Let us take the first charge the charge of shooting two natives at Grootplaats. There can be no doubt that these natives were spies.

"As regards the first charge, the natives Jafta and Solomon and the scouts McCabe and Maasdorp were captured by Wessels, who was in charge of Kritzinger's scouts. He took them to Grootplaats. McCabe proves that Wessels then went towards Voetpad, three miles off, and returned some time afterwards, gave an order to his men, and the two natives were led off to execution.

There was one Mijnhardt in my commando, there were others amongst Smit's men, but I can't call to mind of a Corporal Mijnhardt in my commando. No report was ever made to me of natives being shot at Grootplaats. 2nd Charge: On the 15th of February, 1901, I went to Poortje. I camped there for the night. On the 16th I went to Driefontein, the farm of du Toit. That was Saturday.

1st Charge: Murder. In that he, at Grootplaats, Murraysburg, on or about the 15th of February, 1901, killed and murdered Jafta and Solomon, natives, British subjects. 2nd Charge: Murder. In that he, at Tweefontein, Graaff Reinet, on or about the 15th of February, 1901, killed and murdered John Thomas, a native, a British subject. 3rd Charge: Murder.

After this subtraction there still remained four charges of murder, which we shall enumerate in succession. 1st Charge: Murder. On or about the 15th of February, 1901, it was alleged that I had killed and murdered Jafta and Solomon, natives, British subjects, at Grootplaats, Murraysburg, Cape Colony. Mr. Boltman, the owner of the farm Grootplaats, was the principal witness for the prosecution.