Page:Folk-lore - A Quarterly Review Volumes 32 and 33.djvu/529

 A Recent Tiv in- Murder in S. Africa. 219

By the Court.

Yes ! Banyatsan admitted to Mayoka that the twins were dead. Banyatsan did not appear upset. The twins were killed in the presence of Banyatsan, who was lying down on her stomach in the hut. Banyatsan was still weak from her con- finement. The twins lived three days. When I returned to the hut I was very surprised to find the twins dead.

This closes the case for the prosecution.

(It may be noted in passing that the chief evidence is neces- sarily that of the two women. The husband, for instance, is not wanted on such occasions, and the hut where the delivery takes place is away on the veldt, to avoid birth taboos. If the children were killed it was not the immediate concern of the husband : they were a danger to him and to the tribe, but neither he nor the tribe are required to intervene actively in the removal of the danger. That is the women's business. It is interesting to watch the evasions of the women. Gabalene had never seen twins killed before, but she admitted that her daughter had twins which were born dead. Plus cela change, plus c'est la meme chose. It is not the custom to kill twins, says Gabalene ; but Chelelo was not pleased with them, because it is not the custom to produce twins in our tribe. (R. H.) )

(It seems to me that Gabalene should have been tried also, for she it was, as will presently appear, who first suggested the matter and probably, in fact, carried it out. The terms of relationship are used in the classificatory sense, and are not quite equivalent to ours. Gabalene, e.g., was perhaps the cousin according to our reckoning, and not the sister of Ban- yatsan's husband. Banyatsan and the mother obviously were trying to shield one another. But I think there is no doubt that Chelelo v/as determined to put the children to death in accordance with the customs of the tribe. (E. S. H.) ).

Nozv for the Defence. Mbaioa. I am a Mokalaka under Khama and live at Boka- laka. I know the customs of the tribe.