HASUTO TRI15AL SYSTEM. 277 



influence was great, greater even than that of the eldest son. 

 But when the old chief died he was apt to be left in evil case ; 

 as, when acting for his father, he had probably contrived to 

 disoblige his brothers, especially the heir, and had now nothing 

 to fall back upon but the bounty of the latter. 



The chief, with the assistance of his mates and uncles, ruled 

 the tribe, and the mates and uncles were subject to the influence 

 of those among whom they lived, for they did not as a rule live 

 at the chief's village ; so that the rule, although patriarchial, 

 was by no means autocratic ; indeed, if one may be allowed to 

 use a paradox, it was a kind of autocratic democracy ; under 

 one chief, it is true, whose word, in the last resort, was law ; 

 but who did not rule alone, and who could do little without the 

 consent and co-operation of his constitutional advisers who, in 

 their turn, were influenced by the people. 



The chief himself was a very busy man, though, owing to the 

 sedentary nature of his occupation, and consequent corpulency, 

 he was apt to lose credit for industry which was his due. His 

 whole day was spent in the lekhotla or court, hearing complaints, 

 discussing tribal matters, or trying cases. He was always ac- 

 cessible to the meanest of his people, and the complaint of a 

 poor man was always heard. 



The lekhotla or Court was a semi-circular structure made of 

 reeds, facing north or east, with its back to the prevailing wind. 

 When a case was tried, the chief sat in the centre, with his head- 

 men and councillors on either side, while the public, who could 

 not find room in the semicircle, occupied the open space in front. 

 Women were not allowed in the lekhotla except as witnesses 

 or as parties in a case. No regular procedure was followed ; 

 witnesses and parties speaking when, and as often as they pleased. 

 Nothing was more congenial to these people than a complicated 

 civil action, or a well-defended criminal case. It was a tourna- 

 ment of wits, in- which everyone took part ; the object being the 

 stultification of a witness, or the conviction, out of his own 

 mouth, of an accused person. All sorts of questions were allowed 

 time being no object, and the idea of cautioning the accused against 

 committing himself would have been thought silly and subversive 

 of justice. The utmost decorum and silence was observed all 

 thi'ough a trial, except that now and then an extra shrewd question 

 which brought about the confusion of the deponent, would 

 elicit applause. When a case had been fully heard, the coun- 

 cillors or indeed anyone who cared to do so expressed their 

 opinions upon it ; and the chief, speaking last, gave the decision, 

 which, although it was not bound to be so, was generally in 

 accordance with the finding of the Court. From which it will 

 be seen that some of the most important principles of our own 

 trial by jury were not altogether absent in these native courts. 



There were usually only two modes of punishment, viz., fine 

 and death, though flogging was now and then resorted to, especially 

 in the case of juvenile offenders. The death penalty, however, 

 was seldom made use of by the Basuto ; the national sense was 

 always averse to it. But for all that, persons who made 



