Second Boer War: Difference between revisions

The Boer War also saw the first war crimes prosecutions in British military history. They centered around the [[Bushveldt Carbineers]] (BVC), a [[British Army]] [[Irregular military|irregular regiment]] of [[mounted rifles]] active in the [[Northern Transvaal]]. Originally raised in February 1901, the BVC was composed mainly of British and Commonwealth servicemen with a generous admixture of defectors from the [[Boer Commando]]s.<ref>Charles{{cite book|last=Leach (|first=Charles|year=2012), ''|title=The Legend of Breaker Morant is Dead and Buried: A South African Version of the Bushveldt Carbineers in the Zoutpansberg, May 1901 – April 1902'', |publisher=Leach Printers & Signs, |location=[[Louis Trichardt]], |pages ''=xxviii''-''xxix''.}}</ref> On 4 October 1901, a letter signed by 15 members of the [[Bushveldt Carbineers]] (BVC) garrison at [[Fort Edward (South Africa)|Fort Edward]] was secretly dispatched to Col. F.H. Hall, the British Army [[Officer Commanding]] at [[Pietersburg]]. Written by BVC Trooper Robert Mitchell Cochrane, a former [[justice of the peace]] from [[Western Australia]],<ref>{{harvnb|Leach (|2012), |pages =98–101.}}</ref><ref>Arthur Davey (1987), ''Breaker Morant and the Bushveldt Carbineers'', Second Series No. 18. [[Van Riebeeck Society]], [[Cape Town]]. Pages 78–82.</ref> the letter accused members of the Fort Edward garrison of six "disgraceful incidents":

1. The shooting of six surrendered [[Afrikaner people|Afrikaner]] men and boys and the theft of their money and livestock at [[Valdezia]] on 2 July 1901. The orders had been given by Captains [[Alfred Taylor (British Army officer)|Alfred Taylor]] and James Huntley Robertson, and relayed by Sgt. Maj. K.C.B. Morrison to Sgt. D.C. Oldham. The actual killing was alleged to have been carried out by Sgt. Oldham and BVC Troopers Eden, Arnold, Brown, Heath, and Dale.<ref>{{harvnb|Leach (|2012), |pages =17–22, 99.}}</ref>

2. The shooting of BVC Trooper B.J. van Buuren by BVC Lt. [[Peter Handcock]] on 4 July 1901. Trooper van Buuren, an Afrikaner, had "disapproved" of the killings at Valdezia, and had informed the victims' wives and children, who were imprisoned at Fort Edward, of what had happened.<ref>{{harvnb|Leach (|2012), |pages =22–23, 99.}}</ref>

3. The [[revenge killing]] of Floris Visser, a wounded [[prisoner of war]], near the [[Koedoes River]] on 11 August 1901. Visser had been captured by a BVC patrol led by Lieut. [[Breaker Morant|Harry Morant]] two days before his death. After Visser had been exhaustively interrogated and conveyed for 15 miles by the patrol, Lt. Morant had ordered his men to form a [[firing squad]] and shoot him. The squad consisted of BVC Troopers A.J. Petrie, J.J. Gill, Wild, and T.J. Botha. A [[coup de grâce]] was delivered by BVC Lt. [[Harry Picton]]. The slaying of Floris Visser was in retaliation for the combat death of Morant's close friend, BVC Captain Percy Frederik Hunt, at [[Duivelskloof]] on 6 August 1901.<ref>{{harvnb|Leach (|2012), |pages =35–60, 100.}}</ref>

4. The shooting, ordered by Capt. Taylor and Lt. Morant, of four surrendered Afrikaners and four [[Dutch people|Dutch]] schoolteachers, who had been captured at the [[Elim Hospital]] in Valdezia, on the morning of 23 August 1901. The firing squad consisted of BVC Lt. [[George Witton]], Sgt. D.C. Oldham, and Troopers J.T. Arnold, Edward Brown, T. Dale, and A. Heath. Although Trooper Cochrane's letter made no mention of the fact, three Native South African witnesses were also shot dead.<ref>{{harvnb|Leach (|2012), |pages =61–72, 100.}}</ref>

The ambush and fatal shooting of the Reverend [[Daniel Heese|Carl August Daniel Heese]] of the [[Berlin Missionary Society]] near [[Bandolierkop]] on the afternoon of 23 August 1901. Rev. Heese had spiritually counseled the Dutch and Afrikaner victims that morning and had angrily protested to Lt. Morant at Fort Edward upon learning of their deaths. Trooper Cochrane alleged that the killer of Rev. Heese was BVC Lt. Peter Handcock. Although Cochrane made no mention of the fact, Rev. Heese's driver, a member of the [[Southern Ndebele people]], was also killed.<ref>{{harvnb|Leach (|2012), |pages =62–68, 73–82, 100.}}</ref>

5. The orders, given by BVC Lt. [[Charles H.G. Hannam]], to open fire on a wagon train containing Afrikaner women and children who were coming in to surrender at Fort Edward, on 5 September 1901. The ensuing gunfire led to the deaths of two boys, aged 5- and 13-years, and the wounding of a 9-year-old girl.<ref>{{harvnb|Leach (|2012), |pages =83–86, 100.}}</ref>

6. The shooting of Roelf van Staden and his sons Roelf and Christiaan, near Fort Edward on 7 September 1901. All were coming in to surrender in the hope of gaining medical treatment for teenaged Christiaan, who was suffering from recurring bouts of fever. Instead, they were met at the Sweetwaters Farm near Fort Edward by a party consisting of Lts. Morant and Handcock, joined by BVC Sgt. Maj. Hammet, Corp. MacMahon, and Troopers Hodds, Botha, and Thompson. Roelf van Staden and both his sons were then shot, allegedly after being forced to dig their own graves.<ref>{{harvnb|Leach (|2012), |pages =87–90, 100–101.}}</ref>

The letter then accused the [[Field Commander]] of the BVC, Major [[Robert William Lenehan]], of being "privy to these misdeamenours. It is for this reason that we have taken the liberty of addressing this communication direct to you." After listing numerous civilian witnesses who could confirm their allegations, Trooper Cochrane concluded, "Sir, many of us are [[Australian people|Australians]] who have fought throughout nearly the whole war while others are [[Afrikaner people|Africaners]] who have fought from Colenso till now. We cannot return home with the stigma of these crimes attached to our names. Therefore we humbly pray that a full and exhaustive inquiry be made by Imperial officers in order that the truth be elicited and justice done. Also we beg that all witnesses may be kept in camp at Pietersburg till the inquiry is finished. So deeply do we deplore the opprobrium which must be inseparably attached to these crimes that scarcely a man once his time is up can be prevailed to re-enlist in this corps. Trusting for the credit of thinking you will grant the inquiry we seek."<ref>{{harvnb|Leach (|2012), page |pages=100-101.}}</ref> In response to the letter written by Trooper Cochrane, Col. Hall summoned all Fort Edward officers and non-commissioned officers to Pietersburg on 21 October 1901. All were met by a party of mounted infantry five miles outside Pietersburg on the morning of 23 October 1901 and "brought into town like criminals". Lt. Morant was arrested after returning from leave in [[Pretoria]], where he had gone to settle the affairs of his deceased friend Captain Hunt.<ref>{{harvnb|Leach (|2012), |pages =97–98.}}</ref>

Although the trial transcripts, like almost all others dating from between 1850 and 1914, were later destroyed by the [[Civil Service (United Kingdom)|Civil Service]],<ref>{{harvnb|Leach (|2012), page |pages=104, 106.}}</ref> it is known that a Court of Inquiry, the British military's equivalent to a [[grand jury]], was convened on 16 October 1901. The President of the Court was Col. H.M. Carter, who was assisted by Captain E. Evans and Major Wilfred N. Bolton, the [[Provost Marshal]] of Pietersburg. The first session of the Court took place on 6 November 1901 and continued for four weeks. Deliberations continued for a further two weeks,<ref name="Leach 2012, page 105">{{harvnb|Leach (|2012), |page =105.}}</ref> at which time it became clear that the indictments would be as follows:

1. In what became known as "The Six Boers Case", Captains Robertson and Taylor, as well as Sgt. Maj. Morrison, were charged with committing the offense of murder while on active service.<ref>{{harvnb|Leach (|2012), |page =107.}}</ref>

2. In relation to what was dubbed "The Van Buuren Incident", Maj. Lenahan was charged with, "When on active service by culpable neglect failing to make a report which it was his duty to make."<ref>{{harvnb|Leach (|2012), |page =203.}}</ref>

3. In relation to "The Visser Incident", Lts. Morant, Handcock, Witton, and Picton were charged with "While on active service committing the offense of murder".<ref>{{harvnb|Leach (|2012), page |pages=105-107, 203.}}</ref>

4. In relation to what was incorrectly dubbed "The Eight Boers Case", Lieuts. Morant, Handcock, and Witton were charged with, "While on active service committing the offense of murder".<ref name="Leach 2012, page 109, 203">{{harvnb|Leach (|2012), page |pages=109, 203.}}</ref>

5. No charges were filed for the three children who had been shot by the Bushveldt Carbineers near Fort Edward.<ref>{{harvnb|Leach (|2012), |page =113.}}</ref>

Following the indictments, Maj. R. Whigham and Col. James St. Clair ordered Bolton to appear for the prosecution, as he was considered less expensive than hiring a [[barrister]].<ref>Davey (1987), page 123.</ref> Bolton vainly requested to be excused, writing, "My knowledge of law is insufficient for so intricate a matter."<ref>Davey (1987), page 122.</ref> The first court martial opened on 16 January 1901, with Lieut.-Col. H.C. Denny presiding over a panel of six judges. Maj. J.F. Thomas, a [[solicitor]] from [[Tenterfield, New South Wales]], had been retained to defend Maj. Lenahan. The night before, however, he agreed to represent all six defendants.<ref name="Leach 2012, page 105"/> The "Visser Incident" was the first case to go to trial. Lt. Morant's former orderly and interpreter, BVC Trooper Theunis J. Botha, testified that Visser, who had been promised that his life would be spared, was cooperative during two days of interrogation and that all his information was later found to have been true. Despite this, Lt. Morant ordered him shot.<ref>{{harvnb|Leach (|2012), |pages =54–55.}}</ref> In response, Lt. Morant testified that he [[Nuremberg defense|only followed orders]] to [[take no prisoners]] as relayed to the late Captain Hunt by Col. [[Hubert Hamilton]]. He also alleged that Floris Visser had been captured wearing a British Army jacket and that Captain Hunt's body had been mutilated.<ref>{{harvnb|Leach (|2012), |pages =105–109.}}</ref> In response, the court moved to Pretoria, where Col. Hamilton testified that he had "never spoken to Captain Hunt with reference to his duties in the Northern Transvaal". Though stunned, Maj. Thomas argued that his clients were not guilty because they believed that they "acted under orders". In response, Maj. Bolton argued that they were "illegal orders" and said, "The right of killing an armed man exists only so long as he resists; as soon as he submits he is entitled to be treated as a prisoner of war." The Court ruled in Maj. Bolton's favor.<ref>{{harvnb|Leach (|2012), |page =110.}}</ref> Lt. Morant was found guilty of murder. Lts. Handcock, Witton, and Picton were convicted of the lesser charge of [[manslaughter]].<ref>{{harvnb|Leach (|2012), |pages =115–118, 203.}}</ref>