"As regards the fourth charge, the natives were captured in the
Cape Colony, where Kritzinger was Chief Commandant. The statement
that his authority as such ceased the moment he crossed the Orange
River is hardly credible. The natives were shot at Biscuitfontein,
where Kritzinger was laagered at the time, and their dead bodies
were seen by de Klerk there. Jan Louw is very clear as to who the
commandant was. He recognized his photo on two occasions, and
identified him at once in court. The dark brown horse ridden by
Kritzinger to the kopje is probably the black referred to, and his
evidence is corroborated by Jan Jonkers, who, however, failed to
recognize Kritzinger in court, more through fright than anything
else, I think. Both these witnesses state that there was a body of
men at Biscuitfontein when they arrived. This is denied by
witnesses for the defence. The bodies found by Jan Hans must have
been those of Koos and Willem, as the spot is identified as that
described by de Klerk.

"It must be remembered that the witnesses Hugo, Matthijsen, Van
Wijk and de Klerk are all accomplices, and therefore their evidence
must be received with caution, especially after the curiously
minute details they give on some points. It is also worthy of note
that Matthijsen was not examined on the fourth charge, though he
was present with Kritzinger at the time.

"The shooting of these prisoners was absolutely unjustifiable and
illegal, and all concerned must be held equally responsible.

"Wessels took over the command of Kritzinger's commando when the
latter was wounded.