SOUTHERN AFRICA, 
91 
rled on, forihus claiifis^ with clofed doors ; no oral pleading ad- 
mitted, no confronting the accufed with the witnefles, the depc- 
fition of each being fingly taken down before two commiffioners, 
on oath, and afterwards read to the Court ; all perfons were ex- 
cluded from entering the Court except the parties concerned. 
In all criminal caufes the Fifcal, or Attorney-General, directed 
two commiflioners of the Court to examine evidences, take de- 
pofitions, hold inquefts over bodies that had died fuddenly by 
the vifitation of God, accident, or violence ; and to draw up, 
in every cafe, preparatory information for the trial. For this 
troublefome part of their duty they had no remuneration, un- 
lefs when the delinquent fliould be condemned to labour for the 
fervice of government, in which cafe the expences of the trial 
were paid out of the produce of that labour. 
Such is the outline of the conftitution and pradice of a court 
that foreigners have long been accuftomed to mention with 
obloquy and detraction. In civil caufes they might, perhaps, 
in fome inftances, have leaned a little to the fide of their coun- 
trymen, if the cafe happened to be nearly upon a balance ; but 
in all criminal cafes they a£t with the greateft caution and cir- 
cumfpe£lion. Two irreproachable and concurring witnefTes are 
required to fubftantiate a fad againft the delinquent ; and 07ie 
evidence of good charadler, produced on the part of a perfon 
accufed of felony, is confidered of equal weight with two pro- 
duced againft him : and even after fentence has been paffed, 
until the moment of execution, the condemned is allowed to 
bring forward evidence in his favour. Nor can circumftantlal 
N 2 evidence, 
