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John Ashwell - a Solicitor at war. 6 years 8 months ago #61663
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John Ashwell
Trooper, Nesbitt’s Horse Trooper, 2nd Kitchener’s Fighting Scouts – Anglo Boer War - Queens South Africa Medal with clasps Cape Colony, Orange Free State, South Africa 1901 & 1902 to 2 Tpr. J. Ashwell, Kitchener’s F.S. John Ashwell was born in Odel, Bedfordshire on 30 August 1851 the son of Edward Ashwell, a prosperous farmer, and his wife Eliza. According to the 1861 England census the Ashwell family farmed in the Parish of Tetworth where Ashwell senior had 150 acres and employed 4 men and 2 boys. John, aged 9, was the oldest of the children followed in quick succession by Edward Malcolm (7), Catherine Elizabeth (6), Sarah Ann (5) and Thomas (1). Of servants there were several in the forms of Martha Browning (17) and Eliza Leonard (15). This scene of idyllic bliss was to be shattered a year later with the unexpected death of Mr Ashwell, the probate proving “The Will of Edward Ashwell late of Everton in the County of Bedford, Farmer, deceased who died 6 May 1862 at Tetworth in the County of Huntingdon.” This tragic occurrence left Mrs Ashwell with a brood to raise on her own. Her husband had passed away leaving effects of less than £1500 so there was not much to raise a growing family on. Notwithstanding this fact she soldiered on and seems to have done a pretty good job of things – the 1871 England census showing that a now 19 year old John was employed as an Articled Clerk to a Solicitor and that he had taken lodgings with the Hill family of 3 Brittania Crescent in Kneesworth, Cambridgeshire. Having, one assumes, completed his articles Ashwell looked around for a legal firm to whom he could attach himself. Perhaps he couldn’t find a suitable one but, whatever the case may have been, he set his sights on South Africa, and more particularly the Eastern Cape, as a destination where he could put his skills to good use. Quite when it was that he arrived on African shores is unknown but, having set up stall in the Colony, he began to practice as a Solicitor to the local farmers. Writing from the small hamlet of Hankey on January 9th, 1886 he addressed himself to The Honourable, The Premier & The Attorney General on a matter which seems to have perturbed him. The letter read as follows: “Sir I have the honour to call your attention to a certain statement made by Mr Henry Kayser (the Missionary of this place) this morning. Referring to the Resignation of our Special Justice of the Peace, Mr Kayser said, “Reus has written to the government withdrawing his resignation and it is said if he (Reus) withdrew his resignation they would discuss the matter at once I know it is true for I have it on good authority.” This Sir meaning that the members of the government divulged their secrets of office to a Missionary or that some of the officials of government communicate what transpires to outsiders. I make this report to you as a matter of only knowing that if such is the case a stop will at once be put to such practices. I have the honour to be Sir Your obedient servant John Ashwell Attorney at Law” Was our Mr Ashwell a busybody, prying into the affairs of others or was he an early version of what we know today as a “Consumer Watchdog” acting in the interests of his community? Having received no reply (none on record) to show for his efforts he next addressed himself to The Honourable, The Colonial Secretary, Cape Town from his Hankey office on March 17th 1886 on a matter relating to statistical data in the area as follows:- “Sir I am instructed by several gentlemen to ask if you have cause to be good enough to forward me statistics of the number of acres under cultivation in the Colony, the number of stock (viz oxen, horses and cows) and the number which died of lung sickness or any other disease during the year last past or the one preceding that. If you have any statistics of crops destroyed (during the same period) by hail, storm, rain, wind or flood I should be highly gratified on behalf of my clients if you could forward me them. My reason for asking is that it is proposed to form an Insurance Company against diseases in cattle and against destruction or damage to crops in manner abovementioned and the statistics asked for would naturally forward this object. I have the honour Sir Your obedient servant John Ashwell Attorney at Law” Again no joy was forthcoming although he does appear to have received intimation that no statistics were available. Continuing on in his chosen profession Ashwell was about to negotiate turbulent waters. In 1888 he ran into a spot of bother with the Law Society caused by his handling of a rape case he was paid to defend. The case was an interesting one involving a native but let the Court Proceedings speak for themselves the case against him being set out thus:- “Sir Be pleased to take note that application will be made to this Honourable Court by motion on Thursday the 16th day of August 1888 at 10 ‘o clock in the forenoon as so soon thereafter as Council can be heard at which time you will be required to show cause, if any, why you shall not be struck off the roll of attorneys of this land or why such other punishment as to this Court may seem meet shall not be inflicted on you on the ground that having undertaken to defend one David, committed for trial on a charge of rape, and having received an order signed by the said David authorising delivery to you of four head of cattle as remuneration for such defence you did thereafter notwithstanding your failure and neglect to appear on behalf of and defend the prisoner aforesaid falsely and fraudulently represent to the said prisoner (who was committed and sentenced to six years imprisonment and 36 lashes in your absence) that you had telegraphed to the judge who presided at the trial and had by means of such telegraphing procured for the said David a dimunition of the sentence or a sentence less by two years than he would have had by reason of such false representation induce the said David to alter the word “four” into the word “seven” in the said order for the delivery of the cattle aforesaid intending thereby improperly to benefit yourself. You will also be required to show cause why you shall not be ordered to pay the costs of this application. Dated at Cape Town this 20th day of August 1888. Attorneys for the Law Society.” In his voluminous response Ashwell replied as follows:- “In the Supreme Court of the Colony of the Cape of Good Hope Between The Incorporated Law Society, Applicant and John Ashwell, Respondent. I John Ashwell of Hankey in the Division of Humansdorp, Attorney at Law the abovenamed respondent make oath and say: 1. That the Statement made in the first part of the Affadavit of our “David” dated September 28th 1887 is untrue where he states “A white man came to me and informed me that he was an Attorney and asked if …. To be defended at the Circuit Court”. The facts of the case being that I received a letter from the Gaol at Komgha purporting to be written by the Prisoner “David” on the Friday afternoon preceding the Circuit Court at King Williams Town asking me to visit him professionally. I took such letter to the Resident Magistrate (Mr Chalmers) and obtained permission to see the said David after sundown because he was working out a sentence of hard labour and would not return until then. I attended and asked him what he wanted and he told me that he wished me to defend him at the next morning’s Circuit Court on the following Wednesday. A Native Constable interpreted the Kaffir the said Magistrate being present the whole of the time as well as the Gaoler. 2. As soon as I could leave for the Circuit Court, namely late on Monday afternoon the 11th September I did so intending to ride all night and arrive in King Williams Town early on the morning of the 12th but never having seen the road before and encountering a thick fog followed by a long thunderstorm I lost the way and did not arrive in King Williams Town until after the said “David” had been sentenced. 3. I went to the Gaol then to explain to the said “David” the cause of my absence and said “Had I been where I could have sent a telegram to the Prosecuting Barrister I had no doubt that the case would have been taken later than it was and the judge would possibly have sentenced him to a lighter punishment than he had done (and when asked how much lighter) I said I thought 2 years. This and all conversations I had was interpreted by someone in the Gaol Yard either in Kaffir or Dutch but I think Kaffir. I told the Prisoner that had I been instructed earlier than I was I should have had enough time to arrange my business so that I could have ridden by daylight and I considered that riding as I did and in the state of the weather that five head of cattle would not compensate me and that the life of the horse which was nearly done up would be increased and that I thought two head more would about pay me for my journey and unpleasantness and at once said he would give me an order for two head of cattle more. 4. Thomas Mann the Gaoler at King Williams Town is mistaken when he says that I stated to “David” that “I had telegraphed to the judge” for I used no such words but simply the ones as mentioned in paragraph 3 hereof or words to the like effect. And I emphatically deny that I ever stated so, nor did I give the Prisoner to understand that he had a lighter sentence through me or any means of mine. 5. The abovementioned Thomas Mann is also mistaken about my having spoken in Dutch for although I can understand nearly all that is spoken I cannot speak it to be understood and invariably have an interpreter in all business transactions. 6. That I nor has anyone on my behalf received from the said “David” nor from anyone on his behalf a single head of cattle nor any remuneration for the said case.” As part of his defence he included a statement from a distinguished personage in the area: “I William Ingram of Hankey in the Division of Humansdorp, Chairman of the Board of Management make oath and say: 1. I have known the above Respondent since the year 1883. 2. That the said Respondent does not speak the Dutch language so as to be understood nor can he carry on a conversation in such language. 3. That I have very often acted as interpreter for him when he has been taking on instructions from clients and also at other times.” Despite his protestations of innocence the Law Commission found against him stating on 27 August 1888 that:- “Having heard Mr Leonard, Counsel for the Law Society and having read the affidavit and other documents filed it is ordered that the Respondent John Ashwell be and is hereby suspended from practice as an Attorney of this Court for twelve months from this date, with leave to apply in the meantime, for a discharge of this order.” So there it was – Ashwell had, effectively, had his livelihood taken out from underneath him, albeit for 12 months. A year can be a very long time without an income and Ashwell was now obliged to find something else with which to generate an income. Whether or not he ever practiced law again is unclear but we do know that he turned his attentions to education, becoming a Schoolmaster in the minute settlement of Fairbairn near Seymour in the Eastern Cape. It was at this place that he wed Ada Goldfinch Viljoen on 1 December 1897 when he was 46 years old. It was also in Seymour that his first child, John David, was born on 28 July 1898. This same young man served with the 1st South African Infantry in France in 1916. October 1899 saw the outbreak of war between the two Boer Republics of the Orange Free State and the Transvaal against the British Empire. The Imperial military presence at the onset was a small one and the call went out for the raising of Colonial units to augment the British regulars. One such outfit was Nesbitt’s Horse, this corps, about 300 strong, was raised in the eastern portion of Cape Colony in December 1899 by Colonel Nesbitt. As in the case of many other Colonial bodies, the strength varied greatly in the course of the campaign, being at one time about 5 squadrons, but probably not much more than a squadron was in the field when peace came. Ashwell attested for service with this outfit at Grahamstown on 17 November 1900. His form revealed that he was 49 years old and was now an Auctioneer by profession. He provided his brother-in-law, Alfred Green, as his next-of-kin and confirmed that he lived at Hertzog in the Stockenstroom District. Assigned no. 22072 and the rank of Trooper he commenced his service. By the time he had joined the corps the second phase of the war had commenced, one where Nesbitt's Horse was employed in the Cape Colony. They were frequently engaged, and took part in many pursuits. On 14th December 1900 a small post near Colesberg, garrisoned by 14 of the corps, was attacked. Lieutenant Kelyl and several men were severely wounded. Lieutenant Hannah was severely wounded on 12th May 1901, and on 9th August Captain Noel Nesbitt was severely wounded at Maraisburg. Shortly after this, on 23 may 1901, his six months up, Ashwell took his discharge. But he wasn’t finished with the war yet. At Port Elizabeth on 23 July 1901 he completed the attestation papers to join the 2nd battalion of Kitchener’s Fighting Scouts – another of the locally raised units formerly alluded to. On this occasion he claimed 8 month’s previous service with Nesbitt’s Horse as well as, interestingly, to have been a Recruiting Lieutenant with Rimington’s Guides, although no trace of his presence with this unit can be found. By way of trade or calling he now stated that he was a Solicitor and Auctioneer. Assigned no. 2 he was again a Trooper by rank. The corps had two regiments with Ashwell joining up with the second regiment under Colonel Grenfell which, in May 1901, was 364 strong. Both regiments were then employed in the Pietersburg district, far north of Pretoria. On 1st July, at Hopewell, Grenfell surprised another laager, killing 1 and capturing 93 prisoners, 100 horses, much stock and ammunition whilst during August and September 1901 many other expeditions were undertaken by the corps, but the results of these were meagre compared to the splendid successes previously obtained, and to those obtained in October, November, and December. Grenfell was replaced by Lt. Colonel Dawkins and, in November 1901, the column under his command did excellent work, capturing 97 prisoners. About the end of November Colenbrander of the 1st K.F.S. and Dawkins were out again. On the 27th 200 of their men pushed out through the Zand River Poort. The enemy retreated; for two days "the pursuit was not relaxed, and on the 29th Colonel Colenbrander, with half of the regiment, pressed on ahead of the remainder of the column upon Badenhorst's traces, and following them closely till the morning of 3rd December, Colonel Colenbrander, after a long and exhausting chase through an almost waterless region, came suddenly upon the enemy and captured 15 prisoners, with all the waggons of the commando". The remainder of the Scouts were successful "in killing 3 and capturing 17 Burghers, while 60 stragglers, driven into the hills near Sterkfontein, were cleverly secured by the 12th Mounted Infantry of Colonel Dawkins' column. The total results of these well-planned and carefully executed operations were 104 prisoners", many waggons, cattle, etc. The two columns did good work all through December. On the 13th Colenbrander drove Badenhorst and 22 of his Burghers into the arms of Dawkins, and ten days later the K.F.S. captured 60 prisoners at Jericho on the Crocodile River. On the 20th December 3 men were killed and Lieutenant J Sampson and 6 men were wounded at Zoutpans Drift. In August 1901 Colonel Wilson, with the 2nd KFS, was railed to the Orange River Colony, and in the despatches of October, November, and December 1901 there are frequent references to the work of Wilson's column. In their new sphere they had endless marching and constant fighting, and always made good use of their opportunities. The column had the good fortune to be working under and often with Colonel Rimington (see despatch of 8th October 1901, para 7). On 4th October Wilson, marching from Kroonstad to Heilbron, was attacked near the Rhenoster River, but drove off the enemy. The regiment lost 4 killed and 6 wounded, including Lieutenants F G Schnadhorst and E Jones, both severely wounded. Lieutenant Schnadhorst died of his wounds three weeks later. On 14th November the columns of Colonel Byng, South African Light Horse, and Wilson, 2nd KFS, were very resolutely attacked. After two hours' fighting the attack was successfully repulsed by "Byng's rear-guard, which was well and skilfully handled by Lieutenant Colonel Wilson of KFS, and the enemy retired, leaving 8 dead on the field". The telegraphic despatch stated that the rear-guard was composed of KFS, who had all the losses, namely, 3 killed, including Lieutenant Hughes, and 8 wounded, including Lieutenants Prince Radziwill, A E Smith, and C Allsopp. During December 1901 and January and February 1902 the 2nd KFS took part in many big driving movements in the north of the Orange River Colony. In his telegram of 27th January 1902 Lord Kitchener said: "Colonel Wilson, KFS, moved out on Thursday night from Frankfort and surrounded a small laager at Damplatz, capturing 20 prisoners, including Field-Cornet Strydom. During the return march he was attacked by a superior force under Alberts, who was driven off after severe fighting, leaving 5 dead. All Wilson's prisoners, except three, escaped". Kitchener's Fighting Scouts lost 8 killed and 7 wounded. In the despatch of 8th February, dealing with events in that district, Lord Kitchener said that the columns of Keir and Wilson and Damant's Horse "have acted vigorously whenever opportunity offered against the enemy's bands under Commandants Alberts and Ross, which continued to frequent the valley of the Vaal to the north of Frankfort". In the beginning of March Wilson's column was, with other troops, taken to the Western Transvaal. The 2nd KFS were placed under General Walter Kitchener, and were present at the fiercely fought action of Boschbult on 31st March 1902, when they lost 1 killed and 7 wounded. They took part in the final great drives, under General Ian Hamilton, towards the Mafeking railway and back to Klerksdorp. Having been taken to Pretoria after the declaration of peace, Kitchener's Fighting Scouts had, along with the Imperial Light Horse, Johannesburg Mounted Rifles, and Scottish Horse, the honour of marching past Lord Kitchener, who spoke highly of the work which had been done. Ashwell took his discharge on 7 July 1902 and, for his efforts, was awarded the Queens Medal with the clasps relevant to his service. Back in civilian life he moved to Jansenville in the Eastern Cape where, on 4 January 1906, he claimed £4.11.6 in respect of witness fees when “proceeding from Steytlerville to Jansenville, a distance of 55 miles to give evidence for the prosecution.” This was ostensibly for “cart hire” – how things have changed since then! Ashwell and his wife soon added to their small family – Sarah came along on 31 October 1906 and was duly baptised in the Parish of Jansenville. All went swimmingly until, on 7 February 1914, Ashwell’s “wheels fell off” – it was on this day that the Acting Magistrate, Oudtshoorn signed a “Judges Order for the detention of Lunatic” where “In the matter of John Ashwell at present detained in Valkenberg Asylum I order that he be further detained as a Lunatic in an Asylum, Hospital, or other safe place of confinement, until the Surgeon in charge of such Asylum, Hospital shall be satisfied that he is no longer of unsound mind.” That Ashwell was released from the Asylum we know thanks to his Death Certificate. He passed away in Alicedale in the Albany District (Grahamstown) on 7 October 1923 at the age of 72 from Cardiac failure. His occupation was given as Retired Law Agent. 
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John Ashwell - a Solicitor at war. 6 years 8 months ago #61664
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John Ashwell - a Solicitor at war. 6 years 8 months ago #61665
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