CHAPTER V

THE KABATI CASE

The next case dealt with was the one known as the Kabati Case, from the village where the murder took place. In this and the following cases Lieut.-Colonel H. G. Warren sat in place of Mr. Van der Meulen, who proceeded on leave.

Originally fifty-six persons had been charged and committed for trial on a charge of murder.

The person murdered was a young woman named Mini, and the murder took place in or about the month of May, 1911, at Kabati, a small village in the Northern Sherbro District of the Protectorate.

As in the previous case, sufficient corroborative evidence to support the stories told by accomplices, who were the chief witnesses for prosecution, could not be obtained, and the Crown Prosecutor decided to proceed against only three of the prisoners, entering a _nolle prosequi_ on the capital charge against the remainder. These latter were subsequently prosecuted, and a number of them were found guilty of being members of an unlawful society.

Of the three men proceeded against two were men of importance in the Protectorate; the first accused was a paramount chief or Mahawa, and the second was a sub-chief or Mahawuru, the third accused being a brother of the Mahawuru. The girl Mini was weak in intellect, but to what extent it was not easy on the evidence to say. She was the niece of the second accused, the Mahawuru, and for some time prior to the murder had formed a member of his household. The story told by the witnesses for the Crown was as follows:

Some time toward the end of May, 1911, a meeting of the members of the Human Leopard Society was convened and held one evening at Mosenge, a deserted village on the borders of the Imperri and the Jong Chiefdoms, and was attended by most of the members belonging to that particular branch of the Society. Soon after dark the members began to arrive, and after giving the countersign were admitted to the meeting. A small fire was lighted, round which the members sat. Three Mahawas or paramount chiefs were present, and they with other big men of the Society sat in front with their subjects, in order of precedence, immediately behind them. When all those summoned were assembled, the second accused—the girl Mini’s uncle—was elected Mahein (presiding officer) of the meeting. He first called the names of all the principal men, who answered to their names. The senior member then, in accordance with the custom, said to the second accused, “You”—mentioning his name—“have called a meeting of the members of this Society, which should not meet except when important business is to be done; we therefore look to you now to tell us what that important business is.” The second accused, after walking three times round the circle, proceeded to address the meeting. He said, “The spirits have spoken to me and told me that unless we want something bad to happen to us we should put blood on our Borfimas when four days and four nights have passed. I invite you all to meet again, and at that meeting I myself will supply a person whose blood will satisfy the hunger of the Borfima.”

In answer to inquiry the second accused further informed those present that the person he proposed to give would be his niece Mini, whom he stated had a devil in her. Then after some discussion as to how the murder was to be carried out and after details had been arranged the meeting broke up.

On the evening of the fourth day after this the members of the Society reassembled at Mosenge, and about sixty persons were present. When all the expected guests had arrived, the second accused, who was still Mahein, called over as before the names of those present. It was arranged that they should remain at Mosenge until it was sufficiently late for ordinary villagers to have retired for the night. Towards midnight a move was made in the direction of Kabati, which was about three miles distant, and on their arrival at the outskirts of the village they were led to some bush, where they were told to sit down. The second accused, who was the Mahawuru of Kabati, and his brother then went into the village, and were quickly followed by members wearing the regalia in the form of the leopard skin of the Society. The woman Mini had for some days previous to this been sleeping alone in a room at the back of her uncle’s house, at some distance from where his wives and the other members of his household slept, and one of his domestic slaves, who for the purpose of performing menial acts had been made a member of the Society, was placed on guard over her. On this man signalling that all was well the second accused went into the room and quickly awakened the girl, who followed him down the bush path to where the other members were waiting. She came quite quietly, and did not appear to realize that anything unusual was occurring. It was stated by persons present that a firi (a horse tail elaborately decorated with sebbehs) and an Aku (Yoruba) cap to which more sebbehs (charms) were attached were then produced by two important members of the Society, and that a certain ceremony was gone through which included the pointing of these things at the girl. It was then announced that members present need not feel any alarm in regard to what was going to happen, as the ceremony performed would have the effect of warding off suspicion and would assist them in concealing what was going to happen that night.

It was alleged that the third accused then went behind the girl and stabbed her in the side with a large knife. She fell forward, and was immediately seized by four men and hurriedly carried farther along the path to a small clearing. The other members of the Society fell in behind. The body was deposited near where the Society’s “medicine,” the Borfima, had been placed, and veins of the victim’s throat were opened so that the blood might flow over the “medicine.”

After the parent Borfima had been blooded, a few persons who were sufficiently important to be able to keep their own Borfimas advanced in order of seniority and collected a few drops of blood on their “medicine” which they had brought with them for that purpose.

Two men were then nominated to cut up the body. The belly was first cut open and flapped over the chest and the interior organs were removed. The breasts were then cut away and given to one of the Mahawas (chiefs), and part of the belly, the finger and toe-nails and the scalp containing the hair were given to the first accused. The heart was set aside to be sent to an important and educated member, who was represented at the feast, but who did not wish to be present himself. The more important persons present named in turn the particular piece of flesh they wanted, and the remainder of the body was divided among those of lesser importance. A fire was lighted, over which a certain quantity of flesh was cooked, but a number of the members appeared to have vied with each other in seeing what quantity of raw flesh they could eat. The bones, after being picked clean, were left lying near the spot, and the “empty skull” was thrown down an incline towards a stream some twenty or thirty yards away.

On the 30th May, as near as could be calculated by the phases of the moon as described by the witnesses, the Lavari of the second accused approached him and mentioned that he had a matter to discuss with him in the presence of the other big men of the town. A meeting was immediately called, and those summoned assembled under a cocoa-nut tree near the compound of the second accused, who, as has been already stated, was Mahawuru or sub-chief of Kabati village. The Lavari, who was an old man and of some importance in the village, said that he had summoned those present, as it had been brought to his notice that the girl Mini was missing; that apparently no effort had been made to find her; that trouble had been caused in the past by persons disappearing; and that as they did not wish to be viewed with suspicion by the Government Authorities they should make every effort to trace the missing girl. The second accused said that it was true that his niece was missing, but that he did not know that there was any occasion for alarm, as the girl was crazy, and that she had disappeared before and had been found without much difficulty; that she had probably gone to her parents at the town of Yandehun; that he was quite able to look after his own affairs, and that if he had wanted the help of the people of the town he would have asked for it; that he looked upon it as officiousness on the part of his Lavari to have interfered in a matter connected with his household; and he added that there was nothing they need do but “beg him” (apologize to him) for making a lot of unnecessary trouble. That evening he left the town and was absent for some days. On his return he summoned the people together to the village court barri and said that some one, whose name he had not yet been able to ascertain, had been to the village of Makelpe and had spread a report that he had sacrificed his niece, and he angrily asked who had done this. Of course every one denied having said anything, and some discussion arose between the people and himself as to why he had not told them at the time of the disappearance of his niece. One of those present expostulated with him for his callous conduct in not having caused a general search to have been made immediately after it was noticed that the girl was missing. To this he replied that he had told certain persons; but these persons, on being referred to, stated that it was not till after they had commented on the girl’s disappearance that he had mentioned anything about her being missing.

At this meeting it was decided that all the young men of the town should search the fakais (farm villages) round about, and search-parties were then and there formed. It should be mentioned in connection with this meeting that a rumour had reached the town that the disappearance of the girl had been reported to the Government, and this probably accounts for the strong action taken by the people in expressing dissatisfaction with their Mahawuru.

Towards the evening of the same day, whilst the people were searching, the sound of “bugles” was heard, and two paramount chiefs arrived from opposite directions with their followers simultaneously in the town. One of these was the Mahawa or paramount chief of Imperri; the other was the Mahawa or paramount chief of Jong, and was the first accused. It was about this time that the third accused disappeared from the town. The two Mahawas (to give them their native titles) announced that they had been sent by the District Commissioner to investigate the circumstances connected with the disappearance of the missing girl, and they said that they had been instructed to see that a proper search was made. Before the Special Commission Court witnesses swore that both these Mahawas were actually present at the murder, but the people of the town of Kabati at that time seem to have had no suspicion that either of them was in any way connected with the disappearance of the girl, or that they were members of the notorious Human Leopard Society. The Mahawas then ordered the arrest of all the big men of the town, who, including the second accused, were detained in a barri whilst the remainder of the townspeople were instructed to continue searching; but no trace of deceased was found that day.

The next day search was continued and some bones were found. The Mahawas went to see these bones, which were less than half a mile from the town, and every one appears to have agreed that they were the bones of the missing girl.

Some of the people appeared to have had information that the Assistant District Commissioner was on his way from the town of Victoria, which was then his headquarters, to visit the town of Kabati, and he arrived there soon after the discovery of the bones. He was taken to where the bones were along a path that had been newly cut through the bush, but he noticed what looked like an old path leading from the place where the bones were found, and that the bush round the spot appeared to have been cleared at some recent date; this, however, was explained by pointing to a farm on the other side of the stream, and by saying the people had probably come there to cut sticks to build a farm-house. He noticed a black patch about a yard in diameter, and remarked that there had been a fire there, but one of the Mahawas (the first accused in the case) remarked that that was where the body had rotted.

The Assistant District Commissioner stated in his evidence that on one side of the black patch were some bones which looked like leg bones, and piled on them were other small bones, and he said that from their position they must have been so placed by human agency. They were just as if people had been gathering sticks. There were other bones scattered about within a radius of fifteen yards; the bones were dry, and he found no marks upon them; he thought that the thigh bones were attached to the pelvis, and the greater portion of the spinal column was intact. He made a careful search for clothing and beads, but there was no trace of any. He said that on the way to the bones the first accused told him that the girl was crazy and had gone into the bush and died.

After seeing the bones and ordering them to be collected, the Assistant District Commissioner asked for the skull, and was told that it was at the foot of the hill near a stream just below the bones. He went there with the first accused and others, and found the skull at the edge of the stream in a spot so exposed that it was visible for about twenty yards inside the farm across the stream. The skull was absolutely clean, bleached, and “perfectly dry.” At the top of one jaw, level with the ear, the bone was broken. There was no doubt in the minds of any of the witnesses that these were the bones of the girl Mini. No further trace of her was hinted at and no cross-examination was directed to that point.

The Assistant District Commissioner then released all the villagers who had been arrested except the second accused, the uncle of the deceased. He also held an inquiry into the circumstances of the girl’s disappearance, and, as the result, took the second accused in custody to Victoria. Being unable, however, to obtain any evidence to connect him with the death of the girl Mini, the Assistant District Commissioner placed the matter in the hands of the Mahawa of Jong, the first accused, who found that his Mahawuru, the second accused, had failed to report the disappearance of his niece, and fined him fifty pounds and deposed him from his office of Mahawuru. There, for the time, the matter ended.

In July, 1912, the Imperri murder already dealt with took place. The murderers were disturbed at their work, and one of their number on whom suspicion was cast when called upon for explanation admitted that it was a leopard murder, and mentioned the names of several persons who were implicated. He was brought to Gbangbama on the 15th July, 1912, having previously confessed to being a member of the Human Leopard Society and as having been present at the meetings where the murder was arranged. A number of names were mentioned by him in connection with this murder, and amongst them was that of the second accused. Facts with respect to previous murders were then elicited; but although he mentioned a great many names he did not mention those of the two Mahawas or paramount chiefs as having been present at any of those murders.

This mentioning of names continued up to the 25th July when his various statements were reduced to writing. This writing was witnessed by the two Mahawas concerned, who, up till that time, had retained the confidence of the Government Officers. On Monday the 29th July the District Commissioner had an interview with the informer for the first time without the presence of the Mahawas, and something was said which induced the District Commissioner to order forthwith the arrest of one of them, the first accused. At once Court Messengers were sent to search his quarters in Gbangbama town. They found in a box in his house a chewing-stick of a peculiar kind, a cap with sebbehs (charms), and an envelope containing human hair, and in a gown hanging close to his bed they found a small packet containing nine parings of human nails. His house at Mattru was also searched, and there was found a firi (i.e. a horse tail with cloth wrapped round the handle) and another packet containing eighteen parings of human finger and toe-nails. All these articles he admitted were his property, with the exception of the sebbeh cap.

In this case, too, evidence was given as to the alleged leopard marks upon the three accused. But this evidence as to marks broke down. In the first place, the witnesses were not in agreement as to the alleged leopard marks upon the accused; secondly, the medical evidence was not convincing; thirdly, some other prisoners were produced by the defence with a number of marks which to the ordinary eye more or less corresponded with the so-called leopard mark, one of these men being literally covered with small-pox marks, some of which were not unlike the so-called leopard mark; fourthly, a mark produced by the Government Medical Officer, in accordance with the directions of one of the expert witnesses, was quite unlike the so-called leopard mark; and finally a number of girls and boys, whose ages ranged from seven to sixteen years, were produced by the defence with marks,[14] as far as the ordinary person could judge, exactly corresponding with the so-called leopard mark.

There is little doubt that members of the Human Leopard Society are marked on entering into the Society, but such marks are so like the marks left by wounds caused by accident or disease that it is not possible for any ordinary person to distinguish, with any certainty, the difference between them.

The defence of the first accused, the Mahawa of Jong, was that the story of the informer, so far as he was concerned, was absolutely devoid of truth, and that at the time of the alleged murder he was suffering from the effects of boils under his arm so that he was unable to move about; he gave evidence per-porting to show that the possession of the firi, the chewing-stick, the nails and hair was perfectly lawful, and stated that the sebbeh cap was neither his property nor was it found in any of his boxes; whilst he produced official testimony with a view to showing that he was earnestly striving to eradicate cannibal murder from his chiefdom.

Furthermore he alleged that the chief witness had a special ill feeling towards him because of a land dispute between the Kabati and Imperri people, and that he had only mentioned his name in connection with this matter after compulsion on the part of the District Commissioner. He further stated that some time after his election as Mahawa certain villages, including Kabati, which had been a part of Imperri Chiefdom, were transferred to his Chiefdom. He stated that it was well known that cannibal murder was rife in these villages, but that it was unknown in the other parts of his chiefdom. He pointed out that to put a stop to cannibalism he had made certain rules with regard to strangers reporting their presence in villages, as to people not sleeping outside a house, as to proper doors for houses and such like. He had also assisted the Government in the Mochach murder about September, 1910, and in the Sawura murder in 1911, and had done what he could at the request of the District Commissioner to elucidate the facts in this very case. He drew attention to the fact that the second accused had been handed over to him to be dealt with in accordance with country law, and that he was sent for by the Government Authorities to assist in the Imperri case, when he did all he could to elicit information from the very informer who was now giving evidence against him.

The firi, he stated, was an heirloom and appurtenant to his office, and witnesses for the prosecution admitted that big Mahawas do possess firis, which are used as the credentials of important messengers. He explained that the chewing-stick was a present from a Muhammedan to whom he had rendered some service, and that the Arabic text found in the wrapper was nothing more than an invocation that none but seasonable words might drop from the lips of him who used it.

As to the hair found in his house, it seemed clear that many persons, even educated persons in Freetown, have a superstition about their hair being left about, and take precautions to have it disposed of in such a way that nobody can get possession of it. Strong “medicines” are supposed to be made with human hair, and with this “medicine” injury can be inflicted on the person from whom the hair was obtained. He said that soon after he arrived at Gbangbama he had his hair cut and that he kept it pending his return to Mattru, where he intended to have it destroyed. Finger and toe-nails also appear to be capable of malevolent use, and should not be left lying about; he said that he had cut his finger-nails just before he left Mattru, and had put the parings carefully in his gown, intending to get rid of them later, but forgot about them, and that was how they came to be in the pocket of his gown when his quarters were searched. As to those found at Mattru, he stated that the wife who assisted him when cutting them must have put them away in the small box in which they were found, that that box used to stand upon his table, and that his wife must have forgotten them, but that they were quite safe, as the box was the one in which he used to keep his pocket cash and was usually locked.

The sebbeh cap he denied the ownership of. He stated that it belonged to an Aku or Yoruba medicine man who came to Gbangbama about the same time as himself, that this man placed the box containing the cap in his house, and that the cap was not found with his things, but in another box altogether. This statement was to some extent supported by the fact that the sebbehs when opened did not, as was expected, contain Arabic texts, but only black powder and tree bark, and he called as his witness the Yoruba man to whom he alleged the cap belonged.

The defence of the second accused, the girl’s uncle, was that Mini was of weak intellect, and that during a period of insanity she had wandered into the bush, and, not being able to find her way out, had died there. He stated that she first became insane after the birth of her second child, and that she became so violent that she had to be put in the stocks. He said that he obtained and had given her some sacred water and a charm which cured her for a time, that she subsequently lost the charm and became insane again, and could not be made to wear any clothes, that he was absent from Kabati at the time she disappeared, and that on his return he had made every effort to find her.

The third accused’s defence was that he had left Kabati about six weeks before the girl’s disappearance and was absent in another chiefdom at the time of her disappearance; that on the 10th June, 1911, he arrived at Yandehun, where he had a “wife,” and then for the first time heard of what had happened in Kabati, whither he immediately returned.

The prisoners were defended by counsel, and forty-five witnesses were examined in the case.

The chief witness for the Crown was the accomplice who had turned informer. His evidence on one or two points one could not help regarding with suspicion, though on the other hand he gave his evidence freely; he was quite open, there was little hesitancy, he did not shelter himself under generalities, but was always prepared to go into details. In view of the fact that he had given evidence upon so many different occasions, and that he had to keep in mind so many different meetings, one was struck with the small number of inconsistencies, and every now and then it was noticeable how two unconnected details fitted in with the rest of the evidence; then the further he was cross-examined the more truthful did his narrative appear, matters which seemed doubtful at first were cleared up, and at the end his evidence seemed stronger than at the beginning, and formed a marked contrast to the evidence of many of the other witnesses. Finally an inspection of the _locus in quo_ tended to confirm his testimony. But this witness being an accomplice, corroboration of his evidence as to each of the accused was necessary before the question could be considered as to whether or not the accused were guilty of murder. There was ample corroboration as to the circumstances of the murder, and that it was committed by members of the Human Leopard Society, but in addition to this it was necessary that there should be corroboration of the evidence of the accomplices as to the identity of each of the persons charged.

On the question whether it was proved that the first accused, the Mahawa or paramount chief, took part in the murder of the girl Mini the Court was divided and the majority were in favour of a verdict of NOT GUILTY. This man was, however, deposed from the chieftainship, and has, on the recommendation of the majority of the Court, in accordance with the provisions of the Special Commission Court Ordinance, been expelled from the Colony and Protectorate of Sierra Leone.

There was ample corroboration as well as strong circumstantial evidence against the second accused, the uncle of deceased, and he was found guilty of murder and publicly executed at Imperri on the 2nd June, 1913.

There was some doubt as to the identity of the third accused. Another person of the same name appears to have figured prominently in the conferences of the Society. He was therefore found not guilty and discharged.

Footnote 14:

Not artificial marks, but scars, the result of ulcers induced by larva of the tumbo fly or of bruises obtained when working in the bush.