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Killed Her Husband with an Axe…”: Narratives of Mariticide and the Female Criminal Subject, Transvaal, 1917-1935

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Killed Her Husband with an Axe…”: Narratives of Mariticide and the Female Criminal Subject, Transvaal, 1917-1935 “Killed her husband with an axe…”: Narratives of Mariticide and the Female Criminal Subject, Transvaal, 1917-1935 Chavonne Cupido 1256781 Supervisor: Dr Prinisha Badassy A dissertation submitted to the School of Social Sciences, Faculty of Humanities, University of the Witwatersrand, Johannesburg, in fulfilment of the requirements for the Degree of Master of Arts, History. 20 September 2018 Declaration This study represents an original work by the author and has not been submitted in any form to another university. It is being submitted for the Degree of Master of Arts, History at the University of the Witwatersrand, Johannesburg. Where use has been made of the work of others it has been duly acknowledged in the text. _______________________ Name: Chavonne Cupido Date: _______________________ Name: Dr Prinisha Badassy Supervisor Date: A b s t r a c t “Killed her husband with an axe…”: Narratives of Mariticide and the Female Criminal Subject, Transvaal, 1917-1935 by Chavonne Cupido Supervised by: Dr Prinisha Badassy This thesis examines the crimes of mariticide, attempted murder and assault with intent to murder in the Transvaal between 1917 and 1935. This was a period marked by increased migration to the cities, rapid industrialisation and urbanisation, crucial legislative changes, and socio-political transformations as the Union government firmly established a new system of administration. The thirteen cases examined in this study were tried before the Supreme, Magistrate, and District Circuit Courts. The cases used in this study explore the crimes of mariticide, attempted murder and assault with intent to murder, with a particular focus on how the women accused of these crimes were treated by the legal system. By exploring the development of the Criminal Procedure and Evidence Act of 1917, this study endeavours to examine these cases on the basis of intent, premeditation and malice. Additionally, this thesis pays special attention to the relationship between mercy and the death penalty and how it impacted the ways in which these women were sentenced. The relationship between urbanisation and the agency of women within these spaces is an important point of consideration that influenced the verdicts reached by juries. This project explores the various motives some women proffered to justify why they committed these crimes and how others manipulated the court system to warrant a lighter sentence. By exploring the legal and social history of this time, the study then concludes with an analysis of how these women were represented in newspaper narratives of the Rand Daily Mail. Additionally, it explores how these media narratives in conjunction with legal discourses pandered to common ideologies of racial and class hierarchies. Therefore, this study focuses on the female criminal subject and their agency within the courts and society more broadly, as their crimes were seen as considerably rare cases of violent acts. This dissertation contributes to the historiographies of female criminality and subjectivity, the socio-legal context of the early Transvaal, women’s agency, the domain of marriages and domestic violence, and the racial and gender dynamics of an unfair and biased legal system that operated in segregation-era South Africa. C o n t e n t s Acknowledgements - v List of Images - viii List of Appendices - ix Introduction - 1 Chapter One The Criminal Procedure and Evidence Act of 1917 and the Crime of Mariticide - 22 Chapter Two Beer-brewing, Provocation and Sentencing - 46 Chapter Three Attempted Murder or Assault with Intent to Murder, 1917-1934 - 72 Chapter Four Sensationalism: Public and Media Discourses of Mariticide - 102 Conclusion - 137 Appendices - 144 Bibliography - 173 A c k n o w l e d g e m e n t s This thesis was one of the most challenging yet enjoyable experiences of my life. It was through this chapter of my life that I was able to converse with a number of individuals who shaped my understanding of South African history, research and life. To these individuals, I would like to express my utmost respect and gratitude for their intellectual conversations, love, understanding and overall support. Firstly, I would like to thank my amazing supervisor, Dr Prinisha Badassy, who has been a guiding force throughout this project. Prinisha has gone above and beyond to ensure my success in achieving goals that I never thought were possible. Through critiquing, editing and teaching me about great historians, Prinisha has given me the confidence to explore careers created for people who have a passion for history. Although daunting at times, Prinisha has encouraged me to participate in seminars and conferences and inspired me to apply for archival internships and research positions. I am extremely grateful for the time and effort that Prinisha has put into shaping the person that I am today. Her patience, support, encouragement and understanding has left an indelible mark on my life. I am really blessed to have met her. Secondly, I am deeply grateful to the History Department at the University of the Witwatersrand. Starting as an Honours student in the department, I soon came to realise that the staff provided an environment that encouraged independent thinking, with which their students could develop critical analytical and research skills that would help them in their future careers. Therefore, I would like to thank Professor Clive Glaser, René Carstens, Professor Noor Nieftagodien, Professor Sekiba Lekgoathi, Professor Mucha Musemwa and Dr Sommerdyk. I would personally like to thank Professor Nieftagodien for providing me with a fieldwork position which reinforced my passion for research work and Dr Stacey Sommerdyk for her constant support throughout my postgraduate years. - v - Since much of my research for this thesis was based at the Pretoria National Archives, I would like to thank the staff who aided me in obtaining the archival documents needed for my project. I would also like to thank Mary Mabote, who works in the archives section at the Cullen Library. With her assistance, I was able to explore the Rand Daily Mail newspapers for the period 1917-1935. Mary’s patience, kindness and guidance made the newspaper research such an enjoyable experience. I would like to acknowledge the financial support of the National Research Foundation that helped me with the completion my project and for which I need to add this legal disclaimer: The financial assistance of the National Research Foundation (NRF) towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF. Next, I would like to acknowledge the support of my family. As we are a close- knit family, I would like to thank each and every one of them who played a role in my life and my studies. Thank you to Stephen Cupido, Joe-Dean Roberts and Ilse Bester who supported me throughout this journey through words of encouragement. A special thank you to my big sister, twin and best friend Robin Cupido who has been my editor, a shoulder to cry on and biggest cheerleader. Your work ethic, intelligence and generosity are everything I aspire to be. You have been my rock through the most challenging of times and the best person throughout the good times. To my parents Josephine Cupido and Stephen Cupido, I want to thank you for your constant support and unconditional love. I am so appreciative of all of the sacrifices that you have made for my education and health. My love for you has no bounds. I would like to acknowledge my Johannesburg family who has been my home away from home. Thank you Kerry Mcluckie, Cynthia Manqele, Evan Wilson - vi - and Sean Wilson for welcoming me into your family. Your energy, enthusiasm, love, support, generosity and understanding has impacted how I view life. You have all taught me to enjoy life no matter the situation you might be facing. To all my friends Gino Frantz, Darryn Du Bois, Nic Botha, Eden Willemse, Jenna Enslin, Leila Nefdt and Luke Gonҫalves. You have all kept me sane throughout this journey. Through dinner dates, health check-ups, chats, encouraging messages and sharing legal sources for my thesis, you have all helped me in ways that I will always cherish. Finally, I would like to thank God, who has throughout this whole experience been there for me. Throughout all the challenges, He has blessed me with all these people who have helped me to be the best I can be. - vii - List of Images 1: Rachel Taljaard and her husband, Constable Hendrik Jacobus 113 Taljaard 2: A photo re-enacting the struggle between Rachel and her 118 husband, Pretoria National Archives 3: Mrs Winifred Agnes Maud Fagan leaving the Johannesburg 124 Magistrate’s Court 4: Mrs Fagan’s deceased Husband’s gunshot wound 125 5: An image of the bloody bed that Dr Pieters described in his 126 witness account 6: An image of the water tank where Mrs Fagan hid the revolver 127 7: Daisy De Melker 130 8: An image of a document written by the Director of the Prison 170 arguing that Mimie Madebe was a known liquor-seller and prostitute 9: An image depicting the concluding remarks on the last page of the three-page article published in the LSD newspaper where 172 Florence Georgina Atkinson publically humiliated Thomas Joseph Christian Owen - viii - L i s t o f A p p e n d i c e s A: Section 135 of The Criminal Procedure and Evidence Act No. 31 144 of 1917 B: Section 139 of The Criminal Procedure and Evidence Act No. 31 145 of 1917 C: Section 217 of The Criminal Procedure and Evidence Act No. 31 146 of 1917 D: Section 232 of The Criminal Procedure and Evidence Act No.
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