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Imprisoned with 6 months Hard Labour - Captain Mackenzie, Nesbitt's Horse 6 years 1 month ago #62214
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Mackenzie was a Solicitor and a pillar of the community he served but financial necessity made a criminal of him
Martin Edward Mackenzie Lieutenant, Frontier Light Horse Captain & Adjutant, Nesbitt’s Horse – Anglo Boer War - Queens South Africa Medal with clasps Cape Colony and Orange Free State to Lieut. M.E. Mackenzie, Frontier L.H. - Kings South Africa Medal with clasps South Africa 1901 & 1902 to Captain & Adjt. M.E. McKenzie, Nesbitt’s H. Martin Mackenzie was born in September 1863 in Distington, Cumberland the son of Hugh Mann Mackenzie, a Civil Engineer, and his wife Alexandrina Barbara Macleod who had been born Georgetown, Barbados. At the time of the 1871 England census the family lived at Belle Hill in Distington. Martin, the eldest at the age of 7 was followed by Christine Elizabeth (4), Jane Macleod (2) and Hugh Mann Macleod (1). As befitted a professional man of means Mr Mackenzie employed no fewer than three servants – Rose Anna Field, a Nurse to the children, Ann Bibby, the Cook and Isabella Nilson, the housemaid. Thus it was that Martin grew up in a household heavy with the trappings of affluence. Was this to cause his downfall many years later? At the time of the 1871 census Mackenzie was a 17 year old student at Trinity College in Glenalmond, Perthshire, Scotland. Once he had completed his studies at this school he went up to Keble College in Oxford where he took his matric on 17 October 1882 at the age of 19. He completed his B.A. degree in 1885 and was articled, according to the South African Who’s Who of 1908, with Brockbank, Helder & Brockbank of Whitehaven, being admitted to practice as a Solicitor in England in 1889. But such early promise almost never came to pass - the Carlisle Patriot of 26 March 1886 carried the story: - Carriage Accident at Whitehaven 'On Monday, a serious carriage accident occurred at Whitehaven. A carriage occupied by Miss Dixon, of Rheda, Miss Lewis, and Mr M.E. Mackenzie, of Distington, was being driven along Duke Street, Whitehaven, when through a bolt dropping out of its place, a shaft became detached, and the frightened horse bolted. The carriage was overturned by coming into contact with a lamp post. The coachman, named Lockett, had one thigh put out of joint, and was otherwise much hurt. Miss Dixon and Mr Mackenzie were not much hurt, but Miss Lewis was cut about the face, and some of her teeth knocked out. The coachman was taken to the Infirmary at Whitehaven; and the other occupants were assisted to Dr Anson's' 
The 1891 England census revealed that his father had passed away leaving his widowed mother, aged 64, comfortably off and “living on her own means” in Prospect House, Distington. Martin was still residing at home along with his brother Hugh, a 21 year old Medical Student and sisters Jane and Catherine. Betsy Douglas, the Cook and Elizabeth Armstrong, the Housemaid, catered for the family’s needs. What then induced a 27 year old Solicitor of independent means to, shortly after the 1891 census take passage to start a new life in South Africa. Although we will never know the answer, it must be remembered that this was the age of Empire and many young men seeking fame, fortune or even adventure; headed for one of the new colonies to slake their thirst. Mackenzie boarded the 2742 ton “Roslin Castle” in London on 2 June 1891 and set sail for Port Elizabeth on the east coast of that country as one of her 96 passengers. His occupation on the ship’s manifest was given as Merchant but it was as an Attorney that he set up shop in Uitenhage just outside Port Elizabeth – being admitted to practice law from the time he arrived. As befits a Son of Victorian England, he joined the Free Masons, being initiated into the Amatola Lodge on 14 November 1894. By this time, and this seems to have become a trend, he was living inland in the small settlement of Alice in the Eastern Cape. But there was time for romance as well and on 12 September 1894, just two months before he joined the Masons, at St Michael and St George in Grahamstown, he had wed Amy Elizabeth Nesbitt, a relative of the man who was to become his commanding officer in a few years time. There was probably little to disturb the idyllic bliss in which the couple found themselves but, thanks to the war-mongering of President Paul Kruger and Sir Alfred Milner, things were about to change. On 11 October 1899 the Transvaal and Orange Free State Republics declared war on Great Britain. Initially the fighting was concentrated to the west and south east of the country but it wasn’t long before the Boers, now on the back foot and having to resort to hit and run guerrilla tactics, started to venture south into the Eastern Cape in search of sympathetic Cape Dutch Boers to join their cause, and also to try and obtain much needed supplies for themselves and their mounts. This led to the creation of many local regiments to both fight them off and to assist the British effort. One of the regiment that came into being was the Frontier Light Horse, although not quite a resurrection of the unit of the same name that had fought in the Zulu War of 1879, there were similarities. Initially called the District Mounted Rifles, they were 3 squadrons strong, under the command of Lieutenant Colonel E O Hutchinson. They operated in the Cape Colony and were in numerous little engagements and many pursuits, frequently suffering casualties. Mackenzie, no doubt owing to his station in life, was commissioned a Lieutenant in the regiment, but he wasn’t destined to remain with them for long, on 4 March 1900 he transferred to Nesbitt’s Horse, possibly because of the family connection alluded to previously. On 1 June 1900 he was commissioned a Lieutenant. Nesbitt’s Horse, about 300 strong, had been raised in the eastern portion of Cape Colony in December 1899 by Colonel Nesbitt, "a veteran South African campaigner". As in the case of many other Colonial bodies, the strength varied greatly in the course of the campaign, being at one time about 5 squadrons, but probably not much more than a squadron was in the field when peace came. Part of the corps accompanied Lord Roberts in the great fighting march from Modder River to Bloemfontein, being in the 2nd Brigade of Mounted Infantry, at first under Ridley, afterwards under Le Gallais, and they were generally attached to the VIIth Division under General Tucker. On arriving at Bloemfontein the strength of the corps was officially stated at 8 officers, 119 men, and 136 horses. Very few corps were so well supplied with horses, a fact which tends to prove the good mastership of the South African Colonials. Nesbitt's Horse were with Le Gallais and Tucker in the stiffly contested battle at Karee Siding on 29th March, Le Gallais' men taking a very important share in the work. The Boers were driven from their position, and the road towards Brandfort was opened. During the second phase of the war Nesbitt's Horse was employed in the Cape Colony. They were frequently engaged, and took part in many pursuits. On 14th December a small post near Colesberg, garrisoned by 14 of the corps, was attacked. Lieutenant Kelyl and several men were severely wounded. Lieutenant Hannah was severely wounded on 12th May, and on 9th August Captain Noel Nesbitt was severely wounded at Maraisburg. For a great part of 1901 a portion of the corps was in the western district doing column work under Colonel Capper and Major Jeudwine, and their fine scouting often prevented loss. Another portion worked in the central district of the colony. The corps remained in the field to the very end, and when Commandant Malan was defeated in Central Cape Colony three days before peace was declared, he himself being wounded and captured, the successful British force was composed of the Jansenville district mounted troops, Nesbitt's Horse, and some other local troops. So highly was Mackenzie thought of that he was promoted to the rank and position of Captain and Adjutant of the regiment. He was awarded both the Queens and Kings Medals for more than eighteen months continuous service – these were issued to him in 1909. A successful war behind him it could be expected that Mackenzie would continue to occupy an exalted standing in his community and in his profession. He was well-born and came from an affluent family. On 18 December 1906 a Mortgage Bond in an amount of £250 was passed in favour of his wife Amy, assisted by him, for the purchase of a property in Cannon Hill in the town of Uitenhage from one William Harvey. Indeed it was this address that he provided to the compilers of the 1908 Who’s Who wherein he also claimed that Golf was his hobby. Now indebted for a substantial amount of money Mackenzie began to encounter some financial headwinds – on 4 June 1907 William Knight Clough Hustler, trading as the National Butchery, Uitenhage instituted proceedings against Mackenzie for the sum of £38 “being the amount received by the Defendant on behalf of the Plaintiff in an action wherein the Plaintiff was the Plaintiff and the African Merchants Limited of Port Elizabeth were the Defendants.” The gist of the matter was that Mackenzie had received the funds owed to Hustler but had neglected to pass them on to him. On 20 June 1907 Mackenzie was served with the summons to appear in court, the case being set down for 12 July. Mackenzie’s Advocate failed to appear and provisional judgement as prayed with costs was granted. But this was only the beginning of the woes that would make a professional and respected man a convicted criminal – in the Resident Magistrate’s Court for the District of Herschel (Mackenzie had moved house again) on 5 January 1912 appeared Mackenzie versus The King charged with Theft. The charge sheet read as follows: - “In that Martin Edward Mackenzie, an Attorney at Law and Notary Public, residing at Herschel, is guilty of the crime of Theft – in that, upon certain days between the 28th day of July and the 17th day of September 1911, and at Herschel aforesaid, the said Mackenzie did receive and take into his possession from Harry Clarke Burnard, an Attorney at Law there residing, divers sums of money amounting in the whole to £51, the property of the said Burnard, the whole of which sum was payable to Roston Percival Walter Thomas, a Trader residing at Bluegums.” The upshot was that Mackenzie, instead of paying the money from Burnard over to Thomas “fraudulently appropriated and converted” a portion of it “to wit, money amounting to the sum of Forty pounds sterling, to his own use; and thus did commit the crime of Theft.” Not able to pay bail, Mackenzie was remanded into custody and, after having been found Guilty, was sentenced “to be Imprisoned for a period of six months with hard labour.” Having done his time (we assume) Mackenzie’s problems were far from over. He still faced financial ruin but without the hope of securing funds via his profession. The Law Society takes a dim view of miscreants among its ranks and Mackenzie wasn’t about to be treated differently. In the Supreme Court, Cape of Good Hope Provincial Division, the case was heard between the Law Society and Mackenzie in May 1912. The Applicants stated that: - ‘The Respondent (Mackenzie) was admitted as an attorney on 30 June 1891 and as a Notary on 17 November 1891. The Respondent was indicted for theft and was tried on 5 January 1912 at Herschel The Respondent pleaded Not Guilty and conducted his own defence, but after trial was found Guilty and sentenced to six months imprisonment with hard labour.” Mackenzie was invited to show cause, if any, “why your name shall not be removed from the roll of attorneys’, by reason of having been found guilty of theft and imprisoned.” Mackenzie, who was doing his time at the Pretoria Central Prison, was served with this motion to which he replied in writing to Messrs. Van Zyl, Buissine and Kayser of Church Square, Cape Town on 1 June 1912 as follows: - “Dear Sirs Re: Application Law Society vs Myself I duly received notice of motion in this matter. I can only repeat that at the time I made use of Mr Thomas’ money I had a considerable B/C against him for fees and was expecting to receive money from England from the Estate of my late mother and sister, and I wish to express my deep regret for the error I committed when very hard pressed. I am at present without means and am trying to obtain work here, other than legal work, in order to maintain my wife and three children. I would therefore throw myself on the mercy of the court and ask them to make as lenient an Order as possible. With regards to the costs of the application. I am totally unable to pay any and therefore trust that the Law Society will not press for an Order on this point. I again desire to express my contrition and to say that is my fixed intention to repay Mr Thomas as soon as I am in a position to do so. I shall be much obliged if you could kindly lay my circumstances before the court. An answer to the above address will find me.” Mackenzie’s plea was duly submitted but what effect it had is difficult to fathom. The Court ordered that “Respondent’s name be struck from the rolls of attorneys-at-law of this court and notaries public and that he be at liberty upon the expiring of 12 months from this date to apply for re-instatement upon production of evidence of subsequent good conduct.” This was too much for Mackenzie to bear – no income or means of generating income for an entire year! How he and his family made ends meet we don’t know but, on 11 August 1915 he arrived in London aboard the “Balmoral Castle” from Port Elizabeth. The ships manifest had him as a 51 year old Attorney and he sailed alone. He passed away on 23 February 1921 and is interred in the cemetery at Holy Trinity, Rolleston with Fiskerton in Nottinghamshire – remembered by we know not who. 
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Imprisoned with 6 months Hard Labour - Captain Mackenzie, Nesbitt's Horse 6 years 1 month ago #62216
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Imprisoned with 6 months Hard Labour - Captain Mackenzie, Nesbitt's Horse 6 years 1 month ago #62218
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Imprisoned with 6 months Hard Labour - Captain Mackenzie, Nesbitt's Horse 6 years 1 month ago #62219
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Thanks chaps - you need to change your coffee brand Mike
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