§ MR. H. KIMBER (Wandsworth)I bag to ask the Secretary of State for the Colonies (1) whether, under the laws of the South African Republic (Transvaal), there is any writ of habean corpus, or analogous right, enabling a prisoner to have himself brought up for trial or discharge; whether the four British subjects, Messrs. Rhodes, Farrar, Phillips, and Fitzpatrick, are still in custody under strict military guard, and their trial postponed sine die; and whether although they have deposited £10,000 each, they are not allowed the ordinary freedom of persons who have given, and are willing to give, bail; (2) whether he is aware that this fact is causing great detriment to thousands of other British as well as German and French subjects who are in great measure dependent upon the undertakings in which these four gentlemen take a leading part; (3) what are the reasons alleged for the postponement sine die of the trial, and the continued incarceration of the accused notwithstanding, even after they had given such security; (4) what steps have been taken by the British Government to insure a speedy trial or delivery of the prisoners; (5) whether the Transvaal Government have taken from these and other untried persons no less than £170,000 of money without proving them guilty of any crime; and (6) why an American citizen has been released from custody, while these four British subjects are compelled to linger in prison, notwithstanding they have given the same security that he did?
§ MR. J. CHAMBERLAINI cannot undertake to answer the legal question contained in the first paragraph of the hon. Member's question, but a habeas corpus law in the ordinary acceptance of the term might not have much bearing on the case of the accused persons mentioned, who are not in prison, but out on bail under restrictions not applied to the bulk of the accused. I have already telegraphed to South Africa asking that the four persons be given the same terms as the others who were released on bail, and inquiring as to the cause of the delay in proceeding with the trial and when it will be resumed. When I receive an answer I shall be in a position to give further information. I do not understand that the property of the 1492 accused has been confiscated, but placed under interdict. The information in my possession leads me to think that the detriment to other persons caused by the absence of the four accused persons is not as great as the hon. Member supposes.
§ MR. KIMBERI think the right hon. Gentleman is under a misapprehension. [Cries of "Order!"] He has said that these four gentlemen are out on bail——
§ MR. SPEAKEROrder, order! The hon. Gentleman is making a general statement. He must put a question.
§ MR. KIMBERI wish to ask the right hon. Gentleman, in reference to his statement that these four gentlemen are out on bail, whether he considers that they have any liberty whatever? My information is directly to the contrary. ["Order, order!"]
§ SIR E. ASHMEAD-BARTLETTI wish to ask the right hon. Gentleman whether it is not the fact that, though these four gentlemen are now allowed to reside in a private house, they are practically under the control of the Pretoria police—that is to say, they are not out on bail?
§ MR. J. CHAMBERLAINThey are allowed to reside in a private house, and the private house is guarded by police.
§ MR. KIMBERWithout any liberty to go out?
§ MR. J. CHAMBERLAINThat I do not know. If my hon. Friend wants information on that point, he must put down a Question. No doubt, if they go out, they would be followed by the police. [Laughter.]