I had to experience the effect of both these regulations. I often went out at night for a walk with Mr. Coates, and we rarely got back home much before ten o’clock. What if the police arrested me? Mr. Coates was more concerned about this than I. He had to issue passes to his Negro servants. But how could he give one to me? Only a master might issue a permit to a servant. If I had wanted one, and even if Mr. Coates had been ready to give it, he could not have done so, for it would have been fraud.
So Mr. Coates or some friend of his took me to the State Attorney, Dr. Krause. We turned out to be barristers of the same Inn. The fact that I needed a pass to enable me to be out of doors after 9 p.m. was too much for him. He expressed sympathy for me. Instead of ordering for me a pass, he gave me a letter authorizing me to be out of doors at all hours without police interference. I always kept this letter on me whenever I went out. The fact that I never had to make use of it was a mere accident.
Dr. Krause invited me to his place, and we may be said to have become friends. I occasionally called on him, and it was through him that I was introduced to his more famous brother, who was public Prosecutor in Johannesburg. During the Boer War he was court-martialled for conspiring to murder an English officer, and was sentenced to imprisonment for seven years. He was also disbarred by the Benchers. On the termination of hostilities he was released and, being honourably readmitted to the Transvaal bar, resumed practice.
These connections were useful to me later on in my public life, and simplified much of my work.
The consequences of the regulation regarding the use of footpaths were rather serious for me. I always went out for a walk through President Street to an open plain. President Kruger’s house was in this street—a very modest, unostentatious building, without a garden and not distinguishable from other houses in its neighbourhood. The houses of many of the millionaires in Pretoria were far more pretentious, and were surrounded by gardens. Indeed President Kruger’s simplicity was proverbial. Only the presence of a police patrol before the house indicated that it belonged to some official. I nearly always went along the footpaths past this patrol without the slightest hitch or hindrance.
Now the man on duty used to be changed from time to time. Once one of these men, without giving me the slightest warning, without even asking me to leave the footpath, pushed and kicked me into the street. I was dismayed. Before I could question him as to his behaviour, Mr. Coates, who happened to be passing the spot on horseback, hailed me and said:
“Gandhi, I have seen everything. I shall gladly be your witness in court if you proceed against the man. I am very sorry you have been so rudely assaulted.”
“You need not be sorry,” I said. “What does the poor man know? All coloured people are the same to him. He no doubt treats Negroes just as he has treated me. I have made it a rule not to go to court in respect of any personal grievance. So I do not intend to proceed against him.”
“That is just like you,” said Mr. Coates, “but do think it over again. We must teach such men a lesson.” He then spoke to the policeman and reprimanded him. I could not follow their talk, as it was in Dutch, the policeman being a Boer. But he apologized to me, for which there was no need. I had already forgiven him.
But I never again went through this street. There would be other men coming in this man’s place and, ignorant of the incident, they would behave likewise. Why should I unnecessarily court another kick? I therefore selected a different walk.
The incident deepened my feeling for the Indian settlers. I discussed with them the advisability of making a test case, if it were found necessary to do so, after having seen the British Agent in the matter of these regulations.
I thus made an intimate study of the hard condition of the Indian settlers, not only by reading and hearing about it, but by personal experience. I saw that South Africa was no country for a self-respecting Indian, and my mind became more and more occupied with the question as to how this state of things might be improved.
But my principal duty for the moment was to attend to the case of Dada Abdulla.
XIV
Preparation for the Case
The year’s stay in Pretoria was a most valuable experience in my life. Here it was that I had opportunities of learning public work and acquired some measure of my capacity for it. Here it was that the religious spirit within me became a living force, and here too I acquired a true knowledge of legal practice. Here I learnt the things that a junior barrister learns in a senior barrister’s chamber, and here I also gained confidence that I should not after all fail as a lawyer. It was likewise here that I learnt the secret of success as a lawyer.
Dada Abdulla’s was no small case. The suit was for £40,000. Arising out of business transactions, it was full of intricacies of accounts. Part of the claim was based on promissory notes, and part on the specific performance of promise to deliver promissory notes. The defence was that the promissory notes were fraudulently taken and lacked sufficient consideration. There were numerous points of fact and law in this intricate case.
Both parties had engaged the best attorneys and counsel. I thus had a
