(21-10-1895) ===
DURBAN,[36]
October 21, 1895
TO
THE HONOURABLE THE COLONIAL SECRETARY
P. M. BURG
SIR,
Certain remarks in the newspapers[37] and the judgment of the Durban Resident Magistrate in Regina v. Rungasamy Padayachi recently tried before him render it necessary for me to write to you, in my capacity as Honorary Secretary for the Congress, in connection with the remarks and the judgment referred to above.
The judgment lays down that the Congress summoned an Indian named Asgara before it on a certain day in August and attempted to intimidate him from giving evidence in a case, and that it is an association of conspiracy, etc.
I have to submit that not only has the Congress never summoned the above-named person or any other person before it with a view to prevent him from giving evidence, but that the presiding Magistrate had absolutely no grounds for making such remarks.
The judgment in which the remarks occur is under appeal. That has prevented me from dealing with the matter at any length in the Press. Unfortunately, the remarks being merely obiter dicta of the Magistrate, may not be fully dealt with by the judges. During the examination, cross-examination and re-examination of the witness Asgara, the Congress was not even so much as mentioned. After the re-examination was finished, the Magistrate asked the witness questions about the Congress. It was made clear from the questions and answers that there was no meeting of the Congress during the week during which the intimidation is supposed to have taken place. Two printed circulars were prod
