Chapter Twenty One.
In Court
Shattuck, C.C. and R.M., was not a genial type of Civil servant, in that he was cold and short of manner, and always intensely official. Moreover, he was popularly credited with a strong native bias, which alone was sufficient to constitute him a round peg in a square hole, in a frontier magistracy such as Fort Lamport. Personally, he was a middle-aged man with a high bald forehead, and wearing a light full beard – would have been a good-looking one but for a normally acid expression of countenance.
Poor George stood limply in the dock, all the cheek taken out of him, as Brian and I had laughingly told him, as we tried all we knew to hearten him up just before he was placed there. Indeed, there were not wanting those who thought ill of the magistrate’s curt refusal of our attorney’s application to allow him to stand beside his father throughout the preliminary examination, on account of his youth.
“I cannot make such exceptions as that, Mr Pyle,” had been the answer. “Had it been the case of a native no such application would have been made.”
This, by the way, was the sort of remark which did not precisely tend to enhance Shattuck’s popularity.
The Courthouse was a dingy, stuffy little enclosure, and it was crowded to overflowing, the back part of the room, usually occupied by natives, being closely packed with dark faces and rolling eyeballs; but scattered among the townspeople was a large number of stock farmers, many of whom had travelled considerable distances in order to render the Mattersons a kind of moral support.
The first called was the District Surgeon, who made a post-mortem of the two bodies. The deceased, he deposed, were boys of about fifteen or sixteen, as far as he could judge. Then he proceeded to technical detail, such as the number of shot-wounds in each, when and where placed, and so forth. As to the other two who were wounded, he, the District Surgeon, could not say they were out of danger yet. Their injuries were undoubtedly severe.
Then followed, severally, the three or four boys who had been in the company of those shot, and at the time. These gave their version of the affair pretty much as George had given his. He had abused them for being there, they said, and ordered them away. They laughed at him, and he called out that if they did not go at once he would shoot them. He was pointing his gun at them at the time, and the next thing they knew was that it went off and four of them were lying on the ground. The remainder ran away.
The tale of each tallied, but Pyle, the attorney who was watching the case on behalf of George, after a bit of a wrangle with the Court interpreter as to the exact shade of meaning which the order to move on would or would not bear in the native vernacular, fastened upon two points in cross-examination. One was the distance between the slayer and slain, but there was no room for doubt here. He was on the top of the cliff while they were beneath it. But it was not a high one. How high? As high as the Court room? – Higher, perhaps twice as high. Obviously any one shooting at that short distance would be shooting to kill, not merely to frighten. Even a boy who was accustomed to firearms, like George was, and however careless, could be under no mistake on that head. This to dispose of any idea that he had intended merely to “pepper” the deceased without intent seriously to wound.
The other point upon which our attorney harped was the demeanour of the accused. Was he angry when he ordered them away? – Yes. He said they were spoiling his hunt. Did they seriously think he meant to shoot them when he threatened to? – Well, they didn’t know. But if anybody points a gun at you and you think he means to shoot you, you don’t stand still and laugh at him? —Whau! They hadn’t thought of it in that light. No, they supposed he had not intended to shoot. Then it had been an accident? – Yes, they supposed so.
All this was put by Pyle to the witnesses in due order, and they were unanimous in their answers. Pyle was radiant. During the slight commotion of finding the next witness he leaned back and whispered to us —
“He’ll be discharged. Even Shattuck can’t send him for trial on top of that admission.”
All the same, we were not quite so sure.
Then was led a good deal of Kafir evidence, that of parents and other relatives of the dead boys, but this dealt mainly with identification, and was of little or no value for or against our side. It was tediously drawn out too by reason of the interpreting, and was not completed by the time the Court adjourned for lunch.
“Buck up, old chap,” said Pyle, going over to poor George, who was not allowed to leave with us. “Buck up. You’ll be having it with your governor next grub time.”
“Thanks, Mr Pyle, but I don’t believe I shall,” was the doleful reply as he was taken into the chief constable’s room to devour some sandwiches which Beryl had sent him.
As we passed out of the dingy hall into the glare of the sunlight, the contrast was a relief. It was good to be out in the open air again, but the contrast was sharper as we thought of the poor boy we had just left. What if imprisonment, even for a comparatively short time, was before him?
The native end of the Courthouse had emptied out its malodorous crowd, but this was nothing to the number of those who had been unable to gain admission, for to-day the whole township seemed to grow Kafirs, who had come in from near and far by reason of the excitement of the case. Some were squatting around in groups, lustily discussing it; others lounging around the general stores; while others again were shaping a course for the nearest canteen. All had sticks, and not a few a pair of them.
“The sooner they pass a bye-law against carrying kerries in the streets the better,” said Brian, as we walked over to the hotel. “There are enough of these chaps here to-day to take the town if they made up their minds. Hullo!”
The last was evoked by the sound of a great voice haranguing one of the groups we were passing. Looking round, we recognised Sibuko.
This pestilent savage was squatting on his haunches, holding forth volubly, emphasising his points with a flourish of his kerrie in the air, or bringing it down with a whack on the ground. But to me he was of secondary interest beside a face in the group that caught my eye.
“Brian, twig that chap three doors off from Sibuko,” I said hurriedly. “That’s the one who was going to cut my throat in the cave that morning. By Jove! I wonder if he remembers the knock-out I gave him. I wouldn’t mind repeating it either.”
“Well, you can’t – not here and now. In the first place, there are too many of them; in the next, Shattuck would fine you about twenty pounds; and thirdly, we don’t want to stir up that stew over again.”
The hotel was pretty full, and the first person to catch my eye as we entered the dining-room, rather late, was that infernal Trask, who had calmly appropriated the seat next to Beryl, and which I had mentally marked out for myself. Moreover, he was in train of trying to be excessively funny, which was his way of keeping everybody’s spirits up.
“Hallo, Holt,” he sang out. “Got your seat, I’m afraid. We’d given you up. Plenty of room down there, old chap. By the way, how are things going?”
“Well, we think,” I answered curtly, moving to the vacant part at the far end of the room.
“Ha-ha! Holt seems a bit raggy to-day about something,” I distinctly heard Trask say. “What an uncertain tempered Johnny he is.”
But I did not hear Beryl’s reply, and – I should have liked to.
We had to hurry back to court again, and, the native evidence concluded, Brian was called to the witness-box. He deposed to George’s return home directly after the tragedy, and how he and I were the first to hear the boy’s account of the same, and from that, his first account, he had never swerved in any detail. Also how he himself had proceeded to the scene of the tragedy in the hope of being of some aid. Pyle then questioned him about the accused’s disposition. Was he inclined to be careless with firearms?
No, Brian didn’t think he was. All boys were more or less careless about most things. Whereat a titter ran through the crowd.
Was the accused of a mischievous disposition?
“Not more than most other boys of his age.” And at this the titter became a laugh, causing the magistrate, whose official soul was scandalised, to glance up sharply.
Was he of a passionate or vindictive disposition?
“Not in the least,” answered Brian decisively. “I am as convinced that the whole affair was a sheer accident – the thoughtless pointing of a gun at anybody I don’t defend – as I am that I stand here at this moment.”
A murmur of applause greeted this remark, and then Brian being done with, I was invited to take his place, but as all that was wanted from me was a mere confirmation of George’s first narrative of the affair, I soon got down again.
Septimus Matterson followed. He was very much affected, but gave his evidence in a sensible straightforward manner that was worthy of all praise. He told of the irruption of indignant natives on to his place, but without any rancour or ill-will. As for the accident, no one regretted and deplored it more than he did, unless it was his unfortunate son, and he fully intended, according to Kafir custom in the matter of homicide, to make liberal compensation to the relatives of the slain boys. As to which he would be glad if the magistrate would allow this to be made known by the interpreter for the satisfaction of the natives at the back of the court.
He had always lived on friendly terms with his Kafir neighbours, he went on when the hum of applause that greeted the last announcement had subsided, and hoped always to do so, in spite of this deplorable accident; several of their chiefs, too, were well known to and esteemed by him and his, and now in this case he had been the first to surrender up his own son to justice.
“That will do, Mr Matterson,” said Pyle hurriedly, seeing signs of an utter breakdown. And he beckoned him from the box.
Then he began a fervid appeal to the Bench. If all the testimony they had just listened to was worth a jot, he said, it was clear as clear could be that the case was not one of culpable homicide or of manslaughter, but of accidental death. The evidence of the native witnesses, fair and straightforward as, to their great credit, it had been, made this way, even more if possible than that of the relatives and friends of the accused. The only eyewitnesses of the tragedy, besides the accused, had frankly admitted when it was put fairly to them, that the lamentable and deplorable affair must have been an accident.
Then he went on to enlarge upon the terrible mental punishment this boy – this mere child – had already undergone, a consciousness which would last far into his after and maturer life, of what one act of carelessness had involved; and having expatiated thus and at some length, concluded by pathetically urging his worship to discharge the accused, and not to add further to his own sufferings and to those of his sorrowing relatives.
There was dead silence as the attorney ended this appeal. We, and indeed all in the room, took for granted that it would bear fruit, and that George’s discharge would follow. But we reckoned without Shattuck.
“As Mr Pyle has observed,” began the magistrate, “this is a painful and deplorable case. Even an accident may have its culpable features, rendering its perpetrator amenable to the law. Here two lives have been sacrificed owing to a most culpable piece of thoughtless bravado on the part of the accused, and I should not be doing my duty in summarily discharging him. It is a case for a judge and jury to decide, and the accused stands committed to the next Circuit Court here.”
Then the formality of asking him if he wished to make a statement being gone through, and having been duly cautioned, George, instructed by the attorney, repeated, “It was an accident,” and in a scrawling, shaky, schoolboy hand signed his statement.
Then Pyle applied that bail should be granted. There was plenty of substantial security available, he added. And at his words at least a dozen men stood up. But the next words that fell from the Bench were even a greater thunderbolt to us than the decision to commit.
“I cannot grant bail, Mr Pyle.”
“Not grant bail, your worship?”
“No. Not in a case of this nature.”
“But there’s no more substantial man in the district than the boy’s father, your worship.”
“I am far from denying it. But – I cannot grant bail.”
Quite an angry murmur ran through the audience at this. But the magistrate merely looked up.
“Several persons here are committing a very distinct contempt of court,” he observed coldly. “Remove the prisoner.”
The poor little chap kept up bravely till he was out of sight. Then he broke down and fairly howled.
To do Shattuck justice, his apparent hard-heartedness was not without motive, for on the rising of the Court – that is to say immediately, for there were no more cases that day – he asked us to step into his office.
“I am very grieved, Mr Matterson, over the course I have been obliged to take,” he began, stiffly and constrainedly, “but I fully believe I am serving your best interests in doing as I have done. If the boy were given back to you now, would not all the Kafirs around, and Kuliso’s people in particular, at once jump to the conclusion that justice had not been done, and that there was one law for the black and another for the white? In short, I believe his life would be in hourly danger. Their demonstration on your farm seems to point that way, doesn’t it? Well now, if they know he is here in prison – I am not going to have him put in an ordinary cell, by the way – they will be to that extent satisfied, and it will give any strong feelings time to die down a bit. The case is out of my hands now. The records will be forwarded immediately to the Solicitor-General, and of course it rests with him whether the matter goes any further.”
There was sound sense in this, and indeed the magistrate had shown a consideration we had not expected from him. So we parted good friends, and rather arriving at the conclusion that Shattuck was not such a bad sort of fellow after all.
Chapter Twenty Two.
Kuliso’s “Great Place.”
Gonya’s kloof seemed no longer the same place. The period of suspense following upon George’s committal told upon all of us, seeming to cast a gloom over everything, damping our spirits. Of myself especially did this hold good, for Beryl was no longer there. She and Iris had remained in Fort Lamport after the preliminary examination staying with friends, and we three men were alone.
What a difference it made! During the months I had already spent on the place, Beryl had never been absent for a single day, and now that presence which had rendered the hardest of toil sweet, and irradiated the norm of the daily round with a glow that seemed hardly of earth – to myself, that is – was now removed. Yet the sun shone just as brightly and the generous riches of Nature expanded around with the same fairness to eye and sense; but – to myself – all lay as beneath the shadow of a cloud.
Many times a day would I recall the keenness of the pang when she had told us of her intention to remain in the town for the present. The announcement was made in the presence of several persons, or there was no telling how I might have taken it. As it was, I have a confused recollection of turning on a vacuous grin, and hoping she would enjoy her stay; which was about as idiotic a rejoinder as even I could have been guilty of, considering that a state of anxious suspense would be the family portion for perhaps weeks to come. Well, she had removed her presence from among us, and to me it seemed that all the savour had gone out of life. And if this was so during a matter of days or weeks, what would it mean if extended throughout life?
This consideration had rather a maddening effect. Why had I not boldly tried my chances before, instead of shilly-shallying around until the opportunity had passed? Our acquaintance was no longer a thing of a day, and as for circumstances, others had started in life – or in a new line, which amounts to the same thing – under far fewer advantages, material, physical or prospective, than I enjoyed, and had made a good thing of it. That hideous and constitutional reticence of mine had stood in the way, I now saw; yet even then I had been on the point of putting matters to the test on the very day before the tragical event which seemed to have changed the whole course of our daily life, when that infernal Trask had blundered his obtrusive presence in upon us, according to his wont. Now it was too late. Obviously under present circumstances the time would be in the highest degree unfavourable.
I have a recollection, too, at that period, of going through sundry phases of insanity. For instance, I would sit for quite a long time, when in the company of others, and say nothing; the fact being that I was simply giving the rein to thought, of course only in the one direction. Of this phase I was cured, mainly through the agency of the abominable Trask, whose horse banter and innuendo at such times rendered it difficult to keep my hands off him. However, it had a tonic effect, in that it caused me to pull myself together. But I was much addicted to straying in the direction of various spots where Beryl and I had been alone together, and, letting imagination have free rein, would conjure up her sweet bright presence, so alluringly framed by the wild beauty of the surroundings, illumined by the sunlit glow of the cloudless heaven; would go over our conversations together, utterly trivial and unmomentous as such might have been. To half a hundred other and minor idiocies do I likewise plead guilty; but as I have reason to believe that my lot was by no means singular, and that most of us are fated to undergo a similar stage of imbecility at any rate once in our lives, such belief is fraught with some comfort.
Further, the parlous state into which I had mentally fallen affected my ordinary duties, and what had hitherto been performed with a wholehearted zest now became tedious and wearisome. That is the worst of physical labour, in that you can think throughout it all. Here my natural reticence, or caution perhaps, came to the rescue. I began to wonder whether Brian or his father saw through my state of mind. If so they gave no sign. But I must pull myself together; and did so.
I have not unfrequently had occasion to notice how rarely anybody is allowed in this life to suffer from a repletion of contentment over-long. Here was this household, including myself, leading a life which, in a modest way, left absolutely nothing to wish for: a life of healthful, congenial usefulness, yet, thanks to the characteristics of its individuals, not one of stagnation by any means. Then this blow had fallen – suddenly, as serious blows generally do. Even if matters ended at the best we could hope for, the occurrence would leave its mark, and things could not, at any rate for a long time, be just as before. We three men, left alone, realised a good deal of this. There was a gloom upon us, checking our usual free flow of conversation, as though we were each and all trying to avoid the topic uppermost in our minds, or at any rate in the minds of two of us.
One day we rode over to Kuliso’s “Great Place,” to arrange about the compensation to be delivered to the chief for the death of the children, according to native custom. It was a strange expedition, and one by no means free from danger; for apart from the bad reputation of Kuliso and his clan, there was again unrest on the border – unrest which was deepening day by day, so, although ostensibly unarmed, each of us had a loaded revolver in his right hand pocket. A strange expedition indeed, its object a barter over the price of human life; and if such failed, what about we three in the midst of hundreds, if not thousands, of brooding savages, in ugly and vindictive mood? But Septimus Matterson declared he had never been afraid of Kafirs, and did not intend to make a start in that line now. Yet I, for my part, as we took our way through the Ndhlambe location – with miles of kraals on either hand, studding the veldt far and wide, whose dusky denizens turned out at sight of us, following on our steps near and far to see what went on over at the Great Place – why, I found myself devoutly hoping we might be suffered to return as we had come.
The chief, Kuliso, was a tall, broad, finely built man in the prime of life, with, for a Kafir, quite a heavily bearded face. It was a strong face, too, with its lofty forehead and air of command, but it was a crafty and unreliable one. Around him squatted a dozen or so of much older men, grey-bearded and wizened – being, in fact, his amapakati, or councillors. All wore no other clothing than an ample blanket, stained red with ochre, carelessly draped around the body, and for adornment most of them, including the chief, had a splendid armlet of solid white ivory just above the left elbow. With an eye to artistic effect it occurred to me that the group, with their shrewd dark faces and unconscious grace of attitude, against the background of domed huts, and the increasing groups of Kafirs clustering up from all sides, their reddened frames in contrast against the green of the veldt and the yellow thatch of the huts, would have made no mean subject for the artist’s paint-brush.
But little scope was there for the indulgence of artistic imaginings, for the day was destined to be long and trying. Septimus Matterson, speaking fluently and at length, yes, even pathetically – for I had learned enough of the Xosa tongue by that time to be able to follow him, roughly, through most of his arguments to recognise that much – recapitulated all the sad circumstances. If these had brought sorrow to the House of Kuliso, he said, they had hardly brought less to his own house; and Brian and I, listening, were inclined to believe they had brought more. However, after some further roundabout talk, mostly of an apologetic nature – for savages never appreciate a direct coming to the point – he made them an offer, and one, even under the circumstances, and from their point of custom, of exceptional liberality.
But it was not appreciated, let alone jumped at. “The sense of the meeting” – to use a civilised and newspaper phrase – was nasty. The chief, who in actual fact cared no more for the lives that had been taken than had they been those of so many jackals, save that they represented a substantial addition to his own wealth under the current negotiations, held forth in unctuous strain upon the value of life, and the grief of the dead ones’ relatives, and so forth, his words being emphasised by deep-toned exclamations from the amapakati, which were echoed almost in a shout by the surrounding crowd. Thus encouraged, he concluded by demanding a payment which would have crippled the Mattersons – well-to-do as they were – seriously for many years.
“This is too much,” came the reply, clear and decided, and in the tone of a man who knew he was being grossly imposed upon. “I have other children besides this one who is now in the hands of the law. I cannot rob them, and I will not. Now take this or leave it, for it is all I will give.” And he doubled his original offer.
The jeering hoot that arose among the bystanders died away to silence, for the chief and the amapakati were consulting. It was a strange scene, this question of barter over human lives – a strange scene, and a weird one. Some hours had already been spent in the negotiations, and now the sky had become partly overcast, and in the background a great curtain of opaque inky cloud had arisen, against whose blackness jets of lightning were luridly playing, and ever and anon a heavy booming roll. Then in the silence a curious deep drumming sound was heard. All eyes were turned upward, as overhead flapped several large birds, and in the ungainly black shapes and long sabre-like beaks we recognised the brom-vogel, or large hornbill of South Africa, which, by the way, plays its part in native superstitions. On flapped the birds, slowly winging their way right over the kraal, their deep, heavy note mingling with the approaching thunder roll. Yes. It was a strange picture – the unearthly, boding stillness, the livid cloud lit up by lightning gleams, the tall red forms of the clustering barbarians, the upturned eyeballs, the awed hush as some murmured of witchcraft and omens, the chief and councillors grouped in earnest debate, and the background of yellow domes against a dark and angry sky. There was a tension about it that got upon my nerves, and I said as much to Brian.
He, for answer, got out his pipe, slowly filled and lighted it, then sent a deliberate look upwards and around, as though the state of the weather occupied his sole consideration. At that moment my glance fell upon one face among the bystanders, and I could only just repress a start, for it was that of the English-speaking rascal whose kind intentions towards myself in the cattle-stealers’ den I had so violently and effectually frustrated. He, of course, had recognised me from the first, but now as our glances met, the glare of hate and menace upon his repulsive countenance deepened, and without taking his gaze from mine he said something to those who stood next him which caused them to regard me too with an expression the very reverse of benevolent. There was something uncomfortable in the way this fellow kept on turning up – the other day in Fort Lamport, now again here. I felt sure that he would lay himself out to be even with me for the rough treatment he had met with, though in the first instance he had brought it upon himself, and in the second – well, it was to save my own life.
Now at last the negotiations had come to an end; to our intense relief satisfactorily so. Kuliso had accepted the terms, only stipulating that a few unconsidered trifles, such as rolls of tobacco, blankets, etc., should be thrown in as basela, which was readily agreed to. Then there was great shaking of hands as the chief and some of his amapakati got up and accompanied us to where our horses were being held for us.
“Au! This is a new white man,” said Kuliso, with a grin, enclosing my hand within his sinewy grip. He was taller than me, and I am not short, and as he thus confronted me, and I took in the fine proportions and strong yet sinister countenance of this great muscular savage, it was with feelings of repulsion and distrust, for all the geniality he was striving to exhibit. For I had an instinctive idea we should similarly confront one another again, and that under inauspicious circumstances. But how strange and terrible those circumstances were destined to be, I had then little if any idea.