Lot Essay
Colonel James Latimer Crawshay St. Clair, [C.B.], [C.M.G.], was Deputy Judge Advocate-General on Lord Kitchener's Staff and the Officer who played a crucial role in the events which led to the executions of Morant and Handcock.
As Deputy Judge Advocate-General, St. Clair reviewed the findings of the Court of Inquiry held in Pietersburg and recommended that the B.V.C. Officers face Court-Martial:
'I agree generally with the views expressed by the Court of Inquiry in their opinions of several cases ... After the murder of Van Buuren the officers seem to have exercised a reign of terror in the district which hindered their men from reporting their illegal act and even prevented their objective to assist the crime. I think charges may be preferred as under:
Lieut. Morant For murder or being accessory to murder in cases No. 3-4-5 and 6.
Lieut. Handcock For murder in cases No. 2-3-4-5 and 6.
Lieut. Witton For being accessory to murder in case 3. For murder in case 4' (War Office records refer).
St. Clair continued to be involved in the organisation of the charges at the Court-Martial and, once the accused had been found guilty, remarked on the findings of the Court. He found the guilty verdicts to be just and in so doing effectively ended any chances of appeal by Morant and Handcock. His report on the Visser case was the most damning:
'1. The so-called Court was not a Court at all; it may be more justly called a consultation between 4 officers which ended in a party of subordinates being ordered to commit murder.
2. The provocation theory will not hold water. Visser was captured on the evening of the 9th August - he was not shot until the next day; had he been shot at once there might have been a slight presumption that his execution was ordered on the spur of the moment - but the evidence discloses a totally different set of affairs - Visser was not executed until the next day. Lieut. Morant himself admits that the death of Capt. Hunt gave a bias to his mind. A stronger case of implied malice aforethought has rarely been represented before any tribunal - I fail to understand on what grounds the other 3 prisoners were found guilty of manslaughter only - I disagree with their finding; from the evidence adduced I consider the 4 officers are jointly and severally responsible for the death of Visser and guilty of murder. I do not think it proved that Visser was wearing British uniform' (War Office records refer).
As Deputy Judge Advocate-General, St. Clair reviewed the findings of the Court of Inquiry held in Pietersburg and recommended that the B.V.C. Officers face Court-Martial:
'I agree generally with the views expressed by the Court of Inquiry in their opinions of several cases ... After the murder of Van Buuren the officers seem to have exercised a reign of terror in the district which hindered their men from reporting their illegal act and even prevented their objective to assist the crime. I think charges may be preferred as under:
Lieut. Morant For murder or being accessory to murder in cases No. 3-4-5 and 6.
Lieut. Handcock For murder in cases No. 2-3-4-5 and 6.
Lieut. Witton For being accessory to murder in case 3. For murder in case 4' (War Office records refer).
St. Clair continued to be involved in the organisation of the charges at the Court-Martial and, once the accused had been found guilty, remarked on the findings of the Court. He found the guilty verdicts to be just and in so doing effectively ended any chances of appeal by Morant and Handcock. His report on the Visser case was the most damning:
'1. The so-called Court was not a Court at all; it may be more justly called a consultation between 4 officers which ended in a party of subordinates being ordered to commit murder.
2. The provocation theory will not hold water. Visser was captured on the evening of the 9th August - he was not shot until the next day; had he been shot at once there might have been a slight presumption that his execution was ordered on the spur of the moment - but the evidence discloses a totally different set of affairs - Visser was not executed until the next day. Lieut. Morant himself admits that the death of Capt. Hunt gave a bias to his mind. A stronger case of implied malice aforethought has rarely been represented before any tribunal - I fail to understand on what grounds the other 3 prisoners were found guilty of manslaughter only - I disagree with their finding; from the evidence adduced I consider the 4 officers are jointly and severally responsible for the death of Visser and guilty of murder. I do not think it proved that Visser was wearing British uniform' (War Office records refer).