TOPIC:

Page 1.

S O U T H A F R I C A N C O N S T A B U L A R Y

“A” Division

Divisional Orders No. 331

By Col. A.H.M. Edwards, C.B., Commdg “A” Divn.

EXTRACT

@@@@@@@@@@

KRUGERSDORP MONDAY 2nd December 1901

Board: A Board of Officers composed as under will assemble at 10 a.m. today at the S.A.C. Institute for the trial of No. 1787 3/c Tpr. Arthur Stredwick 17 Troop “A” Division S.A.C. and such other prisoners as may be brought before it.—

PRESIDENT

Capt. A. S. Williams is appointed President

MEMBERS

Lieut. F.M. Williams, 2/Lieut. W. R. Macpherson

Capt. B. G. Clay will appear as Prosecutor

The prisoner to be warned and all witnesses duly required to attend.

@@@@@@@@@@

BY ORDER

K. R. Hamilton, Capt.
Staff Officer “A” Division, S.A.C.


A True Extract

(signed) A. S. Williams, Capt. S.A.C.


Page 2.

S O U T H A F R I C A N C O N S T A B U L A R Y

“A” Division

C H A R G E S H E E T



The prisoner No. A 1787 3/c Trooper Arthur Stredwick a member of the South African Constabulary,

is charged with

Proc. No. 24 of 1900 Para. 6

Disobeying a lawful command of a superior officer in the force,

In that he on November 19th, 1901, at Reitspruit (668) when personally ordered by No. A 1691 2/c Sergt. T. H. Jones South African Constabulary, to go on guard, did not do so.




To be tried by a Board of Officers:

(signed) A. S. Williams, Capt. S.A.C.


Page 3.

A

Form of Proceedings for a Board of Officers


Proceedings of a Board of Officers held a Krugersdorp in the 2nd day of December 1901 by order of
Col. A. H. M. Edwards CB

Commanding “A” Divn. S.A.C.

dated the 1 day of December 19 01


President

Capt. A. S. Williams, S.A.C.

Members

Lieut. F. M. B. Robertson, S.A.C.
2nd/ Lieut. W. R. Macpherson, S.A.C.



At 10 o'clock the Board opens.

Trial of 1787 3/c Trp. Arthur Stredwick, 17 Troop A Divn S.A.C. .

(1) The order convening the Board is read, and is marked X ,
signed by the president, and attached to the proceedings.

The charge-sheet and summary of evidence are laid before the board.

The Board satisfy themselves as provided by General Instructions. No. VII.

(2) Capt. D. G. Clay appears as prosecutor and tales his place.

The above-named prisoner is brought before the board.

The names of the president and board members of the board are read over in the hearing of the prisoner, and they severally answer to their names.

Questions by the president to the prisoner:

Do you object to being tried by me as the president, or by any of the
officers whose names you have heard read over?

Answer by the prisoner:

________No_________

(signed) A. S. Williams Capt. S.A.C.



Page 4.

B

Form of Proceedings for a Board of Officers

The president and members are duly sworn.

The following officers under instruction are duly sworn. _A.S.W.__


CHARGE SHEET

(3) The charge-sheet is signed by the president, marked ___B___
and annexed to the proceedings.
Instructions:
If the prisoner has elected
to be tried the fact should
be recorded.

The prisoner is arraigned upon each charge in the above mentioned charge sheet.
Question to Prisoner.
A.S.W.

Are you guilty or not guilty of the [first] charge against you, which you have heard read?
Answer.
___________Not Guilty___________

Question to Prisoner.

Are you guilty or not guilty of the second charge against you, which you have heard read?

A.S.W.
Answer.

Question to Prisoner.

Are you guilty or not guilty of the third charge against you, which you have heard read?
A.S.W.
Answer.

The Prisoner having pleaded Guilty to ______ charge, the provisions of Instructions XI are here completed with.

A.S.W.

(signed) A. S. Williams Capt. S.A.C.

(Note: The transcript is hand written)


Page 5.

C

Proceedings on a Plea of Not Guilty

(5) The prosecutor makes the following address [hands in a written address which is read, marked ________ signed by the president, and attached to the proceedings].

A. S. W.

The prosecutor proceeds to call witnesses.

First witness }
for } A 1691 2/c Sergt. Thomas H. Jones, S.A.C.
Prosecution }

being duly sworn, examined by the prosecutor.

States that on the 19th of Nov. 1901 J was Sergeant in charge of

the Rietspruit detachment of South African Constabulary.

"I warned the prisoner No. 1787 3/c Trp. Stredwick, A., for guard.
He the prisoner before the court said I won't go on."

"I refuse to go on guard tonight."

I then warned him the second time in the presence of No. 1736 3/c

Trp. Webb. The prisoner then turned away in an insubordinate

manner. I then made him prisoner.

His evidence is read to the witness.

The prisoner declines to cross examine this witness.

The witness withdraws.


(signed) A. S. Williams Capt. S.A.C.



Page 6.

Second witness }
for } A 1736 1/c Trp. Frederick Webb, S.A.C.
Prosecution }



being duly sworn, examined by the prosecutor.

On the 19th November 1901 I was in charge of the guard at

Rietspruit A 1691 2/c Sergt. Thomas H. Jones, called me from the

guard room, and in my presence warned the prisoner No. 1787 3/c

Trp. A Stredwick for guard. The prisoner made no reply, but turned

and walked towards his tent. A 1691 2/c Sergt. Thomas H. Jones

asked him twice if he would go on guard the prisoner No. 1787 3/c

Trp. A Stredwick made no reply.


His evidence is read to the witness.

The prisoner declines to cross examine this witness.

The witness withdraws.


(signed) A. S. Williams Capt. S.A.C.


Page 7.

First Witness }
for prosecution } Is examined under his former Oath.
is Recalled }


Q. What time did the guard mount as Reitspruit.

A. At. 6-00 pm

Q. At what time did you warn the prisoner to go on guard.

A. At 4-00 pm

Q. At what time did you warn the other man to take the prisoners place on the guard.

A. About 4-15 pm

Q. Why did you not wait till guard mounted before warning the

second man

A. Because the prisoner refused to go on.

Q. When the prisoner made the statement that he would not go on guard was there anyone present.

A. No.

(signed) A. S. Williams Capt. S.A.C.


Page 8.


First Witness }
For Prosecution } Is examined under his former Oath.
is Recalled }
"cont."


Q. Did you put the prisoner under arrest before warning the man to take his place.

A. Yes

Q. Why was not the prisoner put in the guard room.

A. Because he was a prisoner at large.

Q. Did the prisoner come and ask you whether he was a prisoner.

A. Yes he did.




(signed) A. S. Williams Capt. S.A.C.

Page 9.


D

The prosecution is closed.

Defence

Question to
the prisoner. Did you apply to give evidence yourself as a witness?

Answer YES

Question Do you intend to call any other witness in your defence?

Answer NO

Question Is he a witness to character only?

Answer A.S.W.

(7) [If the prisoner gives evidence himself but call no other witness to the facts of the case, his evidence will now be taken on a separate sheet].

(6 & 7) The prosecutor addresses the Board upon the evidence for the prosecution (and evidence of the prisoner) as follows.

A.S.W.

(Hands in a written address which is marked by the president and attached to the proceedings)

A.S.W.

Question to
the prisoner. (6,7 & 8) Have you anything to say in your defence?

Answer The prisoner in his defence says: NO

(Hands in a written address which is marked by the president and attached to the proceedings)

A.S.W.


(signed) A. S. Williams Capt. S.A.C.


Page 10.


Witness for the Defence.

The Prisoner takes his stand at the place from which other witnesses give their evidence

The Prisoner is duly sworn.

The Prisoner gives his evidence.

On the 19th Nov. 1901 I was escort to some wagons from

Reitspruit to the Losberg on arrival at Reitspruit No. A/1691 2/c Sergeant

Thomas H. Jones warned me for guard. I turned around and walked to

my tent, with the intention of going on guard, while I was having supper I

heard that I was a prisoner and I asked No. A/1691 2/c Sergeant Thomas

H. Jones if it was so. He replied yes. I asked him if he had warned

someone else for guard he replied yes.

(signed) A. S. Williams Capt. S.A.C.


Page 11.


EXAMINATION BY THE COURT

Witness for Defence:

Q. What time did you arrive at Reitspruit ?

A. Between 3-30 pm and 4-30 pm.

Q. What time did the guard mount?

A. At 6-00 pm.

Q. What time were you having supper?

A. About 5-00 pm

Q. Did Sergt. T. H. Jones say to you that you were a prisoner before you asked him?

A. No

Q. When 2/c Sergt. T. H. Jones warned you for Guard Duty did you make any reply to him?

A. No

The Prisoners evidence is read to him.

The Prisoners withdrawn from the place from which he has given evidence.




(signed) A. S. Williams Capt. S.A.C.


Page 11.


E

Findings (*)

(10) The Board is closed to consider their findings.

(10 & 11) The Board find that the prisoner.

No. A1787 3/c Trooper Arthur Stredwick is Guilty of the Charge






PROCEEDINGS ON CONVICTION before Sentence
_____________________________________________________

(12) The Board being re-opened, the prisoner is again brought before it.

Evidence of __________ Capt. B. G. Clay __________
character etc.

Question By The Have you any evidence to produce as to the
president character and particulars of service of the prisoner?

Answer by ___________ I produced his statement.___________
the Witness

The above statement [with the schedule of convictions] is read, is marked _____Q_____, signed by the president and annexed to the proceedings.

Question By The Is the prisoner the person named in the statement you
president have heard / read?

Answer by ________________YES________________
the Witness

Question Have you compared the contents of the above statement with the Constabulary book?

Answer by ________________YES________________
the Witness

Question Are they true extracts from the Constabulary books and is the statement of entries in the defaulters' book a fair and true summary of those entries?

Answer by ________________YES________________
the Witness

Cross examined by the prisoner.


________________NO_________________



The Board is closed to consider their sentence.


(signed) A. S. Williams Capt. S.A.C.

__________________________________________________________

* To be omitted except in cases of a plea of Not Guilty having being proceeded with.

(5)


Page 12.


S.A.C.
25,A

Statement as to Character and Particulars of
Service of Prisoner

A/1787 3/c Tpr. A. Stredwick of the S. A. Constabulary

1) The following is a fair and true summary of the entries of the prisoner's name in the Divisional and Troop Record of Conduct Sheet.

Within Last Since
12 months Enlistment

For Direct Disobedience of orders 1 times 1 times

For Insolence to a N.C.O. 1 times 1 times

For Neglect of Duty 1 times 1 times


or

The prisoner does not appear in the defaulter’s book.
A.S.W.

2) The prisoner has not been previously convicted.

or

The previous convictions of the prisoner by a Board of Officers or a Civil Court are set out in the schedule annexed to this statement.

A.S.W.

(signed) A. S. Williams Capt. S.A.C.


3) The prisoner is not under sentence at the present time.

or

The prisoner is at the present time under sentence for ______
beginning on the ________ day of _________.
A.S.W.

4) The prisoner has been in confinement awaiting trial on the present charge for _______nil_____ days in Civil Custody.

and __________14 ___________ days in Military Custody.

Total _____14_____ days.

Of which ___________nil___________ days were spent in hospital.

5. The prisoners present age according to his attestation paper is

______26 96/365 yrs._____

6. The date of his attestation specified in his attestation paper is

_____26:4:01_____

7. The service which the prisoner is allowed to recon towards discharge or transfer to the reserve is:

_____221 Days_____

8. (Blank)
9. (Blank)

10. The prisoner has served as a non-commissioned officer continuously, without reduction, to the present date.

In the rank of ___________________, ______ years,
In the rank of ___________________, ______ years,
In the rank of ___________________, ______ years,

[ Note: -- If in any matter in any of the above paragraphs cannot be stated from the Constabulary books the paragraph must be struck through.]

The above statement (with schedule of convictions) is read, marked
signed by the president, and annexed to the proceedings.

(signed) A. S. Williams Capt. S.A.C.


Page 12.


F

Sentence

The Board sentence the prisoner:

1) To be imprisoned for (2 Calendar Months A.S.W.) 60 Days with hard labour.

2) And to be fined Ten Pounds (L10)







President

A. S. Williams

S.A.C., Capt.

Members

F. M. B. Robertson, Lt.

W. R. Macpherson, 2/Lt.

S.A.C.


Confirmed: Signed at Krugersdorp this 2nd Day of December 1901


___A. H. M. Edwards___ Col.
Commanding "A" Div. S.A.C.

£10! quite a sum back then.

The sting was certainly in the tail. £10 and 60 days IHL!

The proceedings seemed fair which was good to see.

Thank you for this.
David