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Hans Dons De Lange

When Johannes Hendrick De Lange was hanged in Ladysmith on 26 March 1861, he had the dubious distinction of being one of the first white man in South Africa to be executed for the murder of a Black man. De Lange, commonly known as Hans Dons, was a well-known figure in Natal, having been an early Voortrekker scout into Natal and a member of the commando which defeated the Zulu’s at the Battle of Blood River on 16 December 1838. In fact, Hans Dons chose the site of the almost unassailable laager beside the Ncome River, as it had been known prior to the battle, and was, following the battle, one of the leaders of the “Wen- Kommando”. Subsequently Hans Dons, whilst on a hunt, met Mpande, Dingaan’s younger half-brother, who was fleeing from Dingaan in the spring of 1839, and took him to Pietermaritzburg where Mpande so impressed the Volksraad that he was earmarked as a future King of the Zulu’s. After the defeat of Dingaan, De Lange gained further fame as a fear-less hunter and settled in the Klip River area where he was a respected leader.

He was one of the three signatories of the treaty with the Zulu’s on behalf of the Klip River settlers which was the basis for the short-lived Klip River Republic. In 1851 Charles Barter met De Lange when he sought assistance to free his wagon which was stuck at the foot of Bramhoek Pass, some thirty-two odd kilometres from the newly proclaimed town of Ladysmith, and he had left us with a graphic description of this colourful character, “ He was clad in a narrow striped jacket and trousers of black corduroy, his hat was tied up in a many coloured handkerchief, and at his side hung a huge powder horn. His moustache and whiskers were united, and both were snow- white and his countenance was more expressive and less stolid than those of most of his countrymen, while his frame was that of a tall powerful man. This then was the background of the man who was to stand trial for murder. According to the evidence produced at the preparatory examination held before GA Lucas, the Magistrate of the county of Klip River, at Ladysmith between 13 December 1860 and 20 December 1860, a number of De Lange’s Black servants were gathered at his farm, “ Valse Fontein” near the present day Newcastle on 1 December 1860 in order to travel to the farm of Charles Stretch, Field-cornet in the district where a dispute concerning a buck and a boundary line between De Lange and his neighbour, John Adendorff, was to be settled.

Although De Lange was married, he also had two women living on the farm, possibly coloured, who were his mistresses. One of these women, named Annette, was ordered by De Lange to point out the man who had previously spent the night with her and she promptly accused one of the black servants named Ncatya. De Lange angrily ordered the other servants to tie Ncatya up and to take him to the field-cornet. Ncatya refused to be tied up and said he will go to the field-cornet’s farm himself. Shortly thereafter six men, including Ncatya left on foot. De Lange armed with a gun and pistols left on horseback a short time after that. He overtook the six men, dismounted and ordered Ncatya to hold his horse. De Lange then pointed out a buck to the men and loaded his gun. He suggested that all the men except Ncatya, who were holding his horse, should proceed to Stretch’s farm. When they were out of the sight, one of the men named Umthlellamana, went off the road and concealed himself amongst rocks from where he saw De Lange cold- bloodedly shoot Ncatya. The remaining men heard three shots being fired. Shortly afterwards, De Lange, who was now on horseback, came up to the remaining five men and told them that while he had been shooting at a buck, Ncatya had run away. He denied having shot Ncatya when questioned to this effect. After a short stay at the field concert’s farm, De Lange told the men to go home, but refused to let them go along the road which they had come. Instead he suggested they go along a footpath running past the coalmines. Two days later Ncatya’s body was found in the vicinity where the shots had been fired. De Lange was arrested and charged with murder.

This was an unprecedented step at that time and the district was in an uproar about it, all sympathy being with De Lange. Following the preparatory examination De Lange was committed for trial at Pietermaritzburg. Feelings were running high and rumours were rife that De Lange was to be rescued by sympathizers which resulted in his secret removal to Pietermaritzburg. On 5 February 1861 De Lange was served with a notice that he was to be tried on a charge of murder before the Supreme Court at Pietermaritzburg on 20 February 1861. He immediately filed a petition for the removal of the trial to the Circuit Court at Ladysmith. This application was heard on 6 February 1861 and as grounds of removal it was alleged “ that it would be advantageous for his defense . . . as the jury who should sit at trial . . . would be more or less acquainted with the spot of ground where the alleged murder was committed”, and “that it would be more for the convenience of the petitioner that his trial . . . should take place within the County of Klip River in respect that his friends, relations and witnesses necessary for his defense reside within the said county.”

To oppose this application, an affidavit of the magistrate of the country of Klip River was put up in which it was alleged inter alia that “(The ) prisoner is a Dutch man… That there is a strong feeling of sympathy for the prisoner on account on his nationality…(D) deponent has heard people of all classes say publicly that if he should be tried by a Dutch Jury in Ladysmith an acquittal would be certain no matter how strong the event may be. That the Jurymen for the said Country principally almost entirely consist of Dutch men.” Despite this damaging allegations De Lange’s advocate and attorney, Petrus Ignatius Krogh, succeeded in his application on 20 February 1861 the trial commenced at Ladysmith before judge H Lushington Phillips and a local jury of nine men consisting of William Lazenby, JRM Watson, Jacobus Nell, Coenraad Lucas Pieters, Adolph Krogman, Gerrie Potgieter, Jakobus Federik Potgieter and Johannes Labuschagne.

On 22 February 1861, in spite of the predominance of Dutch members on the jury, the majority of eight reached a verdict of guilty of murder. De Lange was sentenced to death by hanging. The events that followed De Lange’s conviction are even more dramatic, but it must be stressed that these are based on hearsay; unsubstantiated fact and romantic ideas perpetuated by admirers of condemned a man. All sources agree, however, that after his conviction public feeling in the sympathy with De Lange became more intense, Friends, with the co-operation of gaolers, who deliberately left the goal doors open, attempted to persuade De Lange to escape, but as a matter of honour, he refused. The story is told that a saddled horse stood outside his cell, day and night, and that his gaolers sent him unaccompanied down to the Klip River for his toilet. In some quarters it expected that De Lange would be reprieved, but on 07 March 1861 the Lieutenant-Governor of Natal confirmed the sentenced and decreed that De Lange was to be hanged “at some convenient spot in, or in the immediate vicinity of Ladysmith on Tuesday, 26th of March instant between the hour of six and eleven o’clock in the forenoon. Public Officials, however, declined to assist in execution of De Lange. It is said that the public hangman, one Scheepers, jumped out of the wagon transporting him to Ladysmith and went into hiding. The sheriff mysteriously took sick and delegated the execution to his chief constable who, in the face of his superior’s wrath, refused. Eventually a man named Moore accepted the unenviable task. The only assistance Moore received from public officials or local inhabitants was advice from Lucas to leave town immediately after the execution in case the townspeople decided to lynch him.

Moore was already terrified and this advice seemed to shatter his nerve completely. His first task, however, was the erecting of the gallows and suddenly there was a acute shortage of timber in Ladysmith, No business undertaking or individual would furnish the timber required by Moore, they either refused to provide the timber or denied any knowledge of timber in town. His attempt to purchase a rope met with little success and the unfortunate hangman had no choice but to have a grass rope woven. From this point no two sources seem to agree with each other. One group alleges that, as materials for a gallows were unavailable, Moore selected a sturdy tree close to the Klip River. Others aver that a crude structure was erected with such materials as Moore could find. In either case it is only to be expected that, in view of the improvisation regarding a gallows and the intimidation to which he was subjected, Moore could scarcely carry out the execution successfully. In the end of grass rope proven inadequate and at first attempt to hang De Lange, the rope broke. Moore hastily effected repairs, doubled the grass rope, and, at the second attempt, the execution could be carried out.

Once again source are contradictory and unreliable since one maintain that the public hanging was ignored by the public and that there were no spectators, while another unequivocally states that there was a large throng present, including friends and relatives of the unfortunate De Lange. It is probable that the latter source is correct and many people witnessed the execution. Other sources insist that three, five and even seven attempts were made to hang the unfortunate De Lange before the execution was carried out. Subsequently attempts have been made by some to show that De Lange was not a murderer but really a martyr. It is alleged that De Lange was sacrificed to prove the sovereignty that British exercised over Natal and the defunct Klip River Republic and simultaneously to impress the Zulu nation with Britain’s power. This may to a certain degree be based on the bitterness that existed following the annexation of Natal by Britain, and, later, the Anglo- Boer War. There are no records to prove that De Lange had incurred the wrath of the British Government in Natal and allegations to this effect are based on the hearsay evidence of people who are long since dead. Protagonists of this line of thought wish to rely on the following facts, firstly, that the evidence given by De Lange was found guilty on circumstantial evidence only, secondly, that the evidence given by De Lange’s black servants in the in the Circuit Court was not as damning as the evidence given by the same witness at the preparatory examination. Unfortunately, the second ground could not be tested as the record of the proceedings in the Circuit Court could not be traced in the Archives, but it must be pointed out that the evidence as presented in the preparatory examination was not all circumstantial.

An eyewitness account was given and no sound reason has been advanced to reject this evidence other than those black servants who had given evidence feared and hated De Lange. One fact which, in the writer’s opinion, is too important to overlook and which leaves no doubt in his mind that De Lange was guilty of murder is that he was tried by his peers, his neighbours and his friends and despite dire warnings by the magistrate, Lucas, that De Lange would not be found guilty by Dutch Jury irrespective of the evidence, this is precisely what did in fact occur. The evidence must have been so overwhelmingly damning that the jury, by a majority of eight, had no doubt about returning a verdict of guilt. De Lange himself did not give evidence and one can but ponder what his version of the incident would have been. As far as can be ascertain Hans De Lange told no one what had happened on that fateful day and he went to his death proclaiming his innocence.

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