*
5
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
Johannesburg and applied for a licence to remain in Johannesburg. He was ques- tioned by the Pass Officer, whose suspicions were aroused by his statement that he was a British subject, and ultimately admitted that he was born at Paisley and had been on commando with the Irish Brigade. Sergeant Deddon ascertained that his name was on the list of British subjects who became burghers during the war, and on reporting this to Major Banon that officer made him a prisoner of war, and he was, in due course, sent to St. Helena.
In his case therefore the responsible officer was in possession of information that showed that he had taken the oath of allegiance to the South African Republic and entered their service after the war, and might therefore have been guilty of high treason, but notwithstanding this he was treated by Major Banon as a prisoner of war and detained as such for two years, and now, at the expiration of that period of detention, it is proposed to charge him with high treason. It may be that it might be said that he also might, if tried for high treason at all, claim to be tried in South Africa, having been resident in different parts of that country since the year 1891, and so far as the case is before the Law Officers at present there is only the indication of an overt act of high treason by the naturalization and his admission in answer to questions by the Pass Officer that he had been on commando. The Director believes that this exhausts the facts in Hodgson's case.
Attention should, it is thought, be directed to the provisions of Section 5 of 7 and 8 William III., cap. 3, which provides that there shall be no prosecution for treason committed in England unless an indictment be found by a grand jury within three years next after the treason or offence was done and committed. There is authority for the proposition that the commencement of a prosecution is the preferring of the indictment or the laying of an information, but this clearly does not, it is submitted, apply to cases where there is specific provision by statute, such as that to which I have referred, and therefore if this had been treason committed in England the indict- As ment would have had to be preferred before or by the 27th December, 1902. this is not a treason committed in England, but one beyond the seas, the statute is not technically applicable, but so far as concerns the purposes for which it was passed, and the principles on which it was based, they are equally applicable in such a case as this, where it was known that Hodgson was a British subject when he was arrested, to treason beyond the seas.
"
豬
SIR,
'(Transvaal. No. 759.)
Governor's Office, Johannesburg, December 29, 1902.
"WITH reference to my telegram of 18th December I have the honour "to enclose, for your information, a copy of the undermentioned documents
on the subject of Enwright and Hodgson.
"The Right Honourable
"I have, &c.,
MILNER,
แ Governor.
L
"I have warned both parties to hold themselves in readiness to proceed * to England.
"E. M. SHOWER,
"
44
Commissioner of Police."
"I, ROBERT GALL, being duly sworn, state:-
"I am at present barman at the 'Hotel Monaco,' in Marshall Street, Johannesburg, and live on the premises.
"Just before war broke out I was barman at the Forfarshire Hotel." "I know one Thomas Enwright. During the time I was barman at the last "named place Enwright used to come into the bar almost daily. He was an Irishman, and used to talk very much about what the 'Irish Brigade' would do if war broke out. On the third of October, 1899, I left Johannesburg. and Enwright remained. On or about March or April, 1900, I was at Jagersfontein Road Station, when I saw Enwright being escorted to Cape Town as a prisoner of war. To the best of my belief Enwright was not a burgher of the late South African Republic or the late Orange Free State.
"ROBERT GALL.
*
น
"Sworn before me this twentieth day of December, 1902, at Johannes-
"M. BARNETT,
burg.
"Major,
ปี
'Justice of the Peace."
"I, GEORGE DEDDON, at present a sergeant in the Transvaal Town Police, make oath and say:--
During certain periods of the year 1900 I was a private in the 2nd "South Wales Borderers, and as such was employed in the Pass Office under Major, now Lieutenant-Colonel, Banon, at that time District Commis- "sioner, IV. District, Johannesburg.
J. Hodgson in the latter end of October or the beginning of November, 1900, came to the Pass Office (where I was employed writing out residential "passes and noting change of addresses) and produced a Germiston or Boks- burg Residential Pass, and stated he was desirous of remaining in Johannes- burg and residing in IV. District. After perusing it I noticed he was specified on the pass as a British subject. I became suspicious, so I turned "up a small book issued by the Intelligence Department, List of British
#
L
Subjects who became Burghers during the war,' and found the name of
24
14
J. Hodgson, of Paisley, therein mentioned. After asking him a number of questions I asked him where he was born. He replied, Paisley.' 'then said, 'Have you been on commando? At first he said 'No,' but
afterwards elicited from him that he had been.
I
I
"I said, 'What commando? He replied, 'Irish Brigade.' I then de-
"J. Chamberlain, M.P.
No. 3231. From Commissioner of Police (with
December 23,
enclosures). "December 23, No. 16929/02. From Assistant Colonial Secretary,
"Pretoria."
tained him and brought him before Major Banon, who made him a prisoner
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"
of war.
"I believe I could identify the man.
"Sworn before me this 19th day of December, 1902.
GEORGE DEDDON.
Justice of the Prace."
"II. CHADWICK,
"(C. P. No. 3231/5590.)
"Re Enwright and Hodgson.
Office of the Commissioner of Police, Government Buildings,
The Military Secretary,
*
South Africa,
Johannesburg, December 23, 1902.
"Reference your Minute 1082, of the 10th instant, I herewith attach affidavits by Sergeant Deddon and Robert Gall.
"J. Shearer refused to make an affidavit, but I think the one attached will do.
טרון
CC
'(16929/02.)
*The Military Secretary, "Johannesburg,
"
'Colonial Secretary's Office, Pretoria,
Transvaal, December 22, 1902.
"I HAVE the honour to confirm the telegram which was sent to your
on the 18th instant regarding Enwright, about whom you enquired of the "Provost-Marshal:-
"Begins: With reference to your Minute of 11th instant re En- wright, there are no papers here to show that the man was ever
R
"
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15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH-NOT TO
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