XK
THE
SUPREME
COURT
Of
SOUTH
Af&ISA
^
(WK-WATBHBRAKD LOCAL DXYISIOS)
In res
THE
STATE
v®reus
DAVID
srsst
ROWLEY ISRAEL ARMSTSII
J
JOSEPH VICTOR BSHEL fDTOLSfSIB
REQUEST FOR FUSTHER PARTICULARS TO THE HTDIGTMEWT 0*
BEHALF OP THE FIRST AND THIRD ACCUSED
To enable the first and Third Accused to plead ami
to prepare their defence the following farther Particulars
to the Indictment are requested.
QQUKT 1»
(a)
Exactly when, where and In what manner did
each Aeeased become an effloe bearer, officer
or member ef the South African Oomrsunlst Party?
(b)
Which of the aforesaid designations applies to
each Accused?
(0 ) The State is asked to define the period twist
which each Accused "did continue* to be an
office bearer, officer or member ef the South
African Communist Party?
(d)
If the State In unable to furnish the
information requested then the State le
asked to set forth the facta (not evidence)
from which the neoessary Inferences have
been drawn,
(0)
If the State relies upon any documents then
copios of such documents should be furnished
to the defence.
COUNT 2;
1
(a)
Exactly when, where and in what manner did
each Accused act in concert with one or more
of the persons referred to inoludlng the
persons to the prosecutor unknown?
(b)
Exactly when, where and in what manner did
each Accused become party to the alleged
common purpose?
(c)
Exaatly when, where and by whom was eaoh of
the documents referred to in sub-paragraph (a)
of Count 2 prepared?
(d)
Copies of the said documents are to be
furnished to the defence.
(e)
Exactly when, where and in what manner was .
,
eaoh Accused party to the recruiting of a&ch
and every person referred to In sub-paragraph
(b) of Count 2?
(f) Exactly when, where and in respect of whloh
letters and reports did eaoh Accused made* mss
of oode names?
(g)
Copies of the said letters and reports are refuested*
(h)
Jtoraotly/...
-
(h)
i
3-
Exactly whan, where and la what Banner 414
eaoh Aocused make uae of contact*?
/
(i)
Who are th© "other persons" and "others"
referred to la sub-paragraph (d) of Count 2?
(3)
Exactly when, where and in what manner did
each Accused submit reports to one or mere
of the other Accused?
(k)
n
Copies of the said reports are requested.
(1) Is It Intended to allege that one or
more
of the Aooused persons compiled such
reports?
If not, exactly when, where and by whom was
}
eaoh of these reports prepared?
(m) Exactly when, where and Id what manner did
each Accused seleot the cover addressee for
'M
party correspondence referred to in sub­
paragraph (f) of Count 2?
(n)
)
%
r-'
"j
kjM
Is it Intended to allege that party correspondence
was reoelred at one or mere of these addressee?
If eo, full partioulars of the receipt ef such
/
correspondence together with copies thereof
are requested.
(o) Exactly when did eaoh Aocueed write letters to
and reoeire letters at the addresses mentioned
in sub-paragraph (f) of Count 2?
%
”v»-•#*
(p) Copies ef suoh letters are to be furnished.
(q) Exactly when 414 eaoh Aocueed write letters
to the overseas branch of the Coianutlst Parky
as allege4 in sub-paragraph (g)(il) ef Count it
]
(r) Copies ef all suoh letters and report# contained
in suoh lsttere are to be farniehed.
r-
■i
(a )
I S M t lr A t *
I
*
'
(■)
Exaatly when did the Seeond and Third ioeused
write letters to th© Jlrst Accused?
(t)
Exactly when, where and in what manner did
Fischer issue instructions to th# Second and
Third Accused to write suoh letters to the
first Accused?
(u)
Copies of the letters are to he furnished.
(r)
Exactly when, where and by whoa was the use
<
of certain books as code references arranged?
(w)
The defence requests full particulars of suoh
coda references.
(x) Exactly when, where and in what manner and
)
1 to whom did each Accused hind over or recommend
for study the books described in sub-paragraph
(i) of Count 2?
(y)
Exactly when, where and in what manner did
each Aeoused make requests to one or more
of the remaining Accused or to th© overseas
branch of the Cosmunlst Party for financial aid?
(s)
Copies of these requests are to be furnished.
(a&) Exactly when, where and in what Banner is it
alleged that each Accused provided financial
aid or undertook to provide suoh aid?
(bb) Copies of all requests and other relevant
documents are to be furnished.
(oo> lor what purpose was the sum of 820,000.OG
,
referred to in sub-paragraph Q)(i) r>of Count
2 to be transferred from England to South A£ri*fcf
(dd) Was the salt sub 1m faot so transferred m d t»
what parses# was it pit?
'V*
•
yV '_.
>
*-'V
'
-
(ee) For what purpose is it alleged did
Accused Nos. 1 and 2 provide money for
the accommodation and expense of Rudin
in Durban and Finkeletein, Aooused Ho. 3*
in Johannesburg?
(ff) Exactly when did the said Brooks proceed
to Tsaneen?
(gg) What, if any, was the significance of the
selection to Isaneen in connection with the
proposed scheme of securing money from England?
(hh) What was the source of the money so to be
obtained?
(ii) Full particulars of the visit to Xzanaen and
the activities of the said Brookes at Ssaneen
are required.
(33) The State is asked to set forth why it was
necessary for Brooks to proceed to Gape Town
to evade the Polioe.
(kk) During what period was it neoessary for the
said Brooks so to evade the Folios?
(11) For what purpose were monies paid to Fletoher
and Barkham by Aooused No. 1 and by Aooused
No. 2?
(mm) Full particulars of the request for aid for
Foonen are requested.
(nn) Full particulars are to be furnished of the
finanoial aid given by A. Fisoher to Aooused
No. 1 for party purposes.
(oo) What party purposes were to be fiaaneed is
\
\
this manner?
(p p ) aifetttxf/
(pp) Exaotly when and where did the various
persona referred to la sufe-paragraph (k)
\
of Count 2 vleit eaoh other and for what
I
v
purpose did such visits take plaoe?
(qq) Exactly when, where and hy whloh Aooused
was Rudln Instructed to evade the Polloe?
(rr) Why was It necessary for the said Rudln
to evade the Police?
(ss) In what manner did eaoh Accused assist
the said Rudln In regard to travel,
accommodation and expenses?
^tt) Full details of the alleged co-operation
with the African National Congress and the
Congress Movement are requested. In this
fviK'
regard the Court;is asked to say what eaoh
Aooused did and further to say exaotly
*.
*
r«
A/ '
when and where such co-operation took plaoe.
(uu) Exactly when, where and in whet manner did
eaoh Accused make contact with the non-white
leaders referred to in sub-paragraph (n) ef
Count 2?
(vv) Exaotly when, where and in what manner did
each Accused support the prlnoiple of
participation in eleotlons fey the Tranekeiaa
Democratic Party?
(ww) Exaotly what part was played fey eaoh Accused
in the preparation of a memorandum and data
as a guide to aotlon for the said Transkeian
Deneoratio Party?
(xx) Copies ef the memorandum and data are to fee
furnished.
(jry) Bxaetly/.
(yy) Exaotly what methods were devised by
each Accused for making contact with
the persons referred to in sub-paragraph
(n) of Count 2?
(3 2 ) Exactly when, where and in what manner
did eaoh Accused advise the said persons
to co-operate with those opposing the
present government in Zululand?
(aaa) Exactly when and where and in what manner
did eaoh Accused undertake to supply the
name of a party oontact in Eastern Pondoland
I
to one James Dunne?
(bbb) Exactly when, where and in what manner did
eaoh Accused claim that the South African
Oommunlit Party was well represented in
the bodies of the Transkeian Democratic Party?
(ccc) Exactly when, where and in what manner did
eaoh Accused request information as to tha
strength of the P.nn African Congress in
Iranskei?
(ddd) Generally in respect of sub-paragraph (a)
of Count 2 the State is asked to furnish
copies of each and every relevant document,
(eee) Exactly when, where and in what manner and
by whom was a message sent to Chief Ghatsha
Buthelesi in Zululand?
(fff) Exactly when, where, in what manner did eaoh
(
Aooused subscribe to the Marxlat-Leninlat
Doctrine and apply the salt Dootrine to
their writings?
(m )
(ggg) Copies of the relevant writings are
to be furnished.
(hhh) Exactly when and where did eaoh Accused
lecture to one or more of the remaining
Accused on the aspeots of the said Doctrine?
(iii) Exactly when, where and in what manner did
each Aeoused propagate the views referred
to in sub-paragraph p(ii) and p(iii)?
Q;53) Exactly when, where and in what manner did
oach Accused maintain contact with the
Chinese Communist Party?
1
(kkk) Exactly when, where and in what manner did
Accused Nos. 2 and 3 make enquiries from
Accused No. 1 in regard to the escape route
used by political refugees from Hatal?
(Ill) Exactly when, where and in what manner did
each Accused store communist books, documents
and correspondence?
(mram) Particulars of the books, documents and
correspondence so stored are requested.
(nnn) Exactly when, where and in what manner did
each Accused request that investigations
be made in regard to "de-bugging" derloes
for party use?
(ooo) Sxactly when, where and in what manner did
eaeh Aeoused maintain oontaot with the
national Union of South Afriean Students
(H.U.S.A.S.) for party purposes?
(PPP) With which members of this body was smelt
oontaot maintained and for what party purposes?
(ttt)
(Ml) Exaotly what security measures were
ttkio ¥7 eaoh Aooused in regard to
meeting one another or in taking
part in the activities of the Communist
Party?
50220*
(a)
Exactly when, where and in what manner
did eaoh Aooused aot in conoert with one
or more of the persons mentioned in
Count 3 and with the persons described
aa "to the Prosecutor unknown11?
(b)
Exactly what act or acts were performed
by eaoh Accused which were calculated to
further the achievement of any of the
objects of Communism as set out in Count 3?
Collection Number: AD1897
ERNST, D and ARENSTEIN, RI and FINKELSTEIN, J, Trial records,
1966
PUBLISHER:
Publisher:- Historical Papers, University of the Witwatersrand
Location:- Johannesburg
©2013
LEGAL NOTICES:
Copyright Notice: All materials on the Historical Papers website are
protected by South African copyright law and may not be reproduced,
distributed, transmitted, displayed, or otherwise published in any
format, without the prior written permission of the copyright owner.
Disclaimer and Terms of Use: Provided that you maintain all
copyright and other notices contained therein, you may download
material (one machine readable copy and one print copy per page) for
your personal and/or educational non-commercial use only.
People using these digitised archives from Historical Papers, The
Library, University of the Witwatersrand, Johannesburg, are reminded
that such records may contain material which is uncorroborated,
inaccurate, distorted or untrue. While these digital records are true
facsimiles of paper documents and the information contained herein is
obtained from sources believed to be accurate and reliable, Historical
Papers, University of the Witwatersrand has not independently verified
their content. Consequently, the University is not responsible for any
errors or omissions and excludes any and all liability for any errors in or
omissions from the information on the website or any related
information on third party websites accessible from this website.
This document is part of the South African Institute of Race Relations
collection.