Summary: A Plea for George Witton
In 1902, Lieutenants Morant, Handcock and Witton were tried by British courts martial.
On 21 December 1901, Morant, Hancock and Witton, were charged with offences that occurred between 2 July and 7 September 1901:
The charges were:
Murder of Boer prisoner Visser on 11 August 1901 – Mprant, Witton and Handcock charged with murder;
Murder of 8 Boer prisoners on 23 August 1901 – Morant, Handcock and Witton charged with murder;
Murder of 3 Boer prisoners on 7 September 1901 – Morant and Handock charged with murder.
Verdicts
After courts martial between 16 January and 19 February 1901, the verdicts were:
Morant convicted of the murder of Visser, the murder of 8 Boers and the murder of 3 Boers;
Handcock convicted of the murder of 8 Boers, manslaughter of Visser and the murder of 3 Boers;
Witton convicted of murder of 8 Boers and manslaughter of Visser.
Sentences
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Witton was sentenced to be executed, but his sentence was commuted to penal servitude for life.
Release of Witton. Witton’s case was reviewed by Isaac Isaacs KC, MP in 1902 (destined to become Chief Justice and Governor General). This review led to a storm of protest from Australians and representations from the Australian, South African Governments and British politicians, including Winston Churchill for Witton’s release. Finally, a petition signed by 80,000 Australians supported a petition for mercy sent to King Edward VII. On 11 August 1904, Witton was released from prison and returned to Australia.
What drove such an out pouring of support for Witton, including protests from MPs, and people in South Africa and England. Even Winston Churchill, MP lobbied for Witton’s release?
In a recent development, the petition was discovered along with a letter written by Witton’s brother, Ernest Witton. Ernest organised for the petition to travel the length and breadth of Australia, through small country towns to the large cities. He enlisted the assistance of the Australian Natives Association which was a benefit or friendly society that encouraged thrift and educational improvement among those born in Australia. In his letter to then Australian Governor General, Lord Tennyson, Ernest declared that the petition had been signed by by ‘all classes of the Australian community including Parliamentarians, professional and business people’. Ernest laboured mightily on the behalf of his brother, George and sought legal opinion of his eminent adviser, Isaac Alfred Isaacs. This extroadinary effort set the scene for a concerted move that suceeded in Witton’s release.
When George Witton reteurned to Australia, he authored a book, Scapegoats of the Empire. In chapter 25 of the book, Geore Witton acknowledged the work done by his brother toi secure his relaase through the petition circulated throughout Australia. George Witton stated:
‘On the 12th November 1904, after a chequered experience extending over nearly five years, I placed my foot again on my native soil. On my arrival in Australia I met among others Mr. Wainwright, general secretary of the Australian Natives’ Association, and his son, Mr. Austin Wainwright, who so ably assisted my brother in his efforts towards my release.’
Isaacs’ submissions in the petition on issues such as culpability, obedience to superior orders, Witton’s limited military experience as an officer and in the field, his performance of a duty of honour and trust at Pietersburg and Witton’s sentence being disproportionate to blame were given weight by the King’s advisers and an acknowledgement that the weight of evidence justified his immeidate release from prison. In addition, some of the submissions in the petition could also be relevant in 2010 in the petition in support of pardons for Handcock, Morant amd Witton.
The consideration in 2010 of the petitions seeking pardons for Morant, Handcock and Witton, should be guided by the eminent opinion of Isaac Isaacs. There is a need to finally address the matters identified by Isaacs – procedural fairness, respect for the rule of law, appropriate sentences commensurate to the circumstances and degree of criminality.
The existence of the Witton petition sends a very strong message to the British government as it discusses the principles that support pardons for the accused.
The text of the petition will appear on the documents link on this site soon.
Jim Unkles
Copyright © James Unkles 2010
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Thanks Simon, I understand the point you make, but with the support of the Australian government I am hopeful that the British will convene an independent inquiry in this case. The principles at stake are universal for all democracies, trial by lawful due process. There are important principles in this case anmd I will continue the casue to get a fair review. Passion is belief, belief in a just cause drives the passion. Let’s see what happens
Regards
Jim Unkles
James,
I admire your obvious passion and dedication regarding this case, but there will be snow in Hades before the British Governement decides to review it in the manner you propose.
Regards,
Simon
Gentlemen, decades of debate and argument, bias and self serving comment dressed up as historical fact, including the movie drives this controversy. My focus is simple, plead with the british crown to appoint an independent judicial inquiry, devoid of bias, hear evidence, consider the laws of 1902 and deliberate on the case for pardons. Until this happens, the matter remains unresolved. There is enough doubt to justify an inquiry and that’s what attorney general, mcclelland concluded in late 2011. The current attorney general, Ms roxon will do the same.
Andries I have to agree with you! One of my ancestors C.P.J Smit was one of the eight killed by Morant. I think the Australians are opening a can of worms here. If this pardon succeeds then I think both the UK, Australia and all the Commonwealth countries that participated in this war should appologise to all South Africans for their involvement in an illegal war. The atrocities they committed are on the same level as the Genocide in World War 2. It is inexcusable for Australia to even attempt to defend the actions of Breaker Morant in any way!
Lionel, thanks for your comment. On Fri 21 Oct 2011, the Australian Attorney General made an historic announcement that attract extensive media interest. For the first time in 109 years, an Australian government minister, has announced a position with respect to this case. Mr McClelland, MP, declared that he was persuaded by the evidence produced by me that these men were denied due legal process in 1902. Mr McClelland is writing a submission to the British government. I am very hopeful that a negotiated settlement with the British government will result in pardons. If not, I will commence legal proceedings in England, to finally get this case settled.
Finally, we are getting some action to expose the facts of this case and that 3 men denied fair trials and were the victims of a crule political trial to protect the interests of senior military officers who had used vicious and probably illegal tactics to fight the Boers. Its time for the truth to come out!
Thanks for your support
Jim Unkles
I have been following this matter, the trial of Morant Hancock and Witton for some time now and have formed the opinion that Kitchener was gutless and failed in his legal duties toward solders and citizens of another sovereign country. Knowing how the Brits feel about being “wrong”, I can understand why the courts martial documents “disappeared.
As a military man with some 22 years of regular service in the Australian regular army, I am disappointed that we have not had a PM or Service Chief with the balls to bring this matter to a satisfactory conclusion, ie, Have the three officers pardoned and their bodies brought back to be interred here in Australia.
Keep up the good work
LK