(1) He is married to Maria Susanna Wilhelmina van AARD.
They got married on August 28, 1830, he was 18 years old.
Child(ren):
(2) He is married to Martha Louise KLOPPER.
They got married in the year 1840, he was 28 years old.
Child(ren):
James HART'S wife (Martha Louise KLOPPER) was receiving undue attention from a Mr.
Labuschagne. She is unclear as to whether it was an affair or just a jealous husband. The
Labuschagnes were known to the HARTS.
Mr. Labuschagne was quite persistent in his 'attentions' to Mrs. HART (Martha L. KLOPPERS
married 1840). James flew into one of his many rages and punched Mr. Labuschagne who died from
that single blow. He was charged with murder but was aquitted.
According to Anita his defence was that it was not his fault and that he was unable to control his
actions. Here is the interesting part.
He was bitten by a rabid dog before the incident. He managed to survive the rabies but his
temper/mood was affected. This became his defence that it was due to the rabid dog bit he was
affected and had gone into a fit.
The Crown must have believed that he had uncontrollale rages after having survived rabies.
Nothing happened to him and the family never spoke of it again.
His tempers and mood remained legendary. I have no doubt that it was because of the HART
family influence that he got off so lightly.
I have found the entry on NAAIRS.
Interesting defence - he had rabies in his system.
Take care: Cheri.
DEPOT KAB
SOURCE CSC
TYPE LEER
VOLUME NO. 1/2/2/35
SYSTEM 01
REFERENCE 15
PART 1
DESCRIPTION RECORD OF PROCEEDINGS OF CRIMINAL CASE. CIRCUIT COURT
ALBANY. THE QUEEN VERSUS JAMES HART, MURDER
STARTING 1845
ENDING 1845
DEPOT KAB
SOURCE MOOC
TYPE LEER
VOLUME NO. 7/1/156
SYSTEM 01
REFERENCE 10
PART 1
DESCRIPTION HART, JAMES. WILL.
STARTING 1839
ENDING 1839
REMARKS FILED 1840
Document 75 of 124
DEPOT VAB
SOURCE MHG
TYPE LEER
VOLUME NO. 0
SYSTEM 01
REFERENCE N175
PART 1
DESCRIPTION HART, JAMES. EGGENOTES SUSANNA WILHELMINA VAN AARDT
EN MARTHA LOUISA (GEBORE KLOPPER)
STARTING 1876
ENDING 1876
Document 62 of 124
DEPOT KAB
SOURCE MO1B
TYPE LEER
VOLUME NO. 2/1427
SYSTEM 01
REFERENCE 123
PART 1
DESCRIPTION HART, JAMES. INSOLVENT LIQUIDATION AND DISTRIBUTION
ACCOUNT
STARTING 1868
ENDING 1877
Photographs of the following documents (on file in t
of March 1845.
The Queen on the prosecution of Her Majesty's Attorney General. James Hart was charged with
the Crime of Murder:
Upon reading the Affidavit of Daniel Jacob Cloete Esquire Clerk of the Peace for Cape Town
and Cape District it is Ordered that the above named Criminal Action or Suit be removed from this
Court, for trial at the next ensuing Circuit Court to be holden in and for the Division of Albany.
By the Court. J.H. Bowles, Registrar of the S
Supreme Court.
15.
Filed of records In the Supreme Court of the Colony of the Cape of Good Hope this fourth day of
March 1845.
J.H. Bowles Reg. of the Supreme Court.
William PORTER, Esquire, Attorney-General of Our Sovereign Lady the Queen witghin the
Colony of the Cape of Good Hope, who prosecutes for and on behalf of Her Majesty, presents andgives the Court to be informed:-
That James HART, now or lately an Agricultgurist, and now or lately residing at Roode Wal, on
the Great Fish River, in the Division of Somerset, is guilty of the crime of «i»Murder:- «/i»In that upon
the Eighteenth Day of September in the Year of Our Lord One Thousand Eight Hundred and
Forty-four, and at Roode Wal aforesaid, the said James HART did wrongfully, unlawfully and
maliciously assault Cornelis van Rooyen in his lifetime an Agriculturist, and residing at Vet Kuil in
the Division aforesaid, and did then and there, with a Knife, wrongfully, unlawfully, and
maliciously strike and stab the said Cornelis van Rooyen, by such striking and stabbing, one mortal
wound, of which mortal wound, so inflicted as aforesaid, the said Cornelis van Rooyen then and
there died and thus the said James HART did wrongfully, unlawfully and maliciously kill and
murder the said Cornelis van Rooyen.
Wherefore, upon due proof and conviction thereof, the said Attorney-General prays the
Judgment of the Court against the said James HART, according to Law. H. Porter, Attorney
General.
Circuit Court, Grahamstown 15th April 1845.
It is ordered that this case be removed to the Supreme Court, and is hereby removed accordingly.
G. Croman.
To the Supreme Court,
Colony of the Cape of Good Hope
In Queen in the prosecution of Attorney General against James HART charged with the
Crime of Murder:
Daniel Jacob Cloete, Clerk of the Peace for Cape Town, Cape District
that the aforesaid James HART is charged with having on or about the Eighteenth day of
September in the Year of our Lord One Thousand Eight Hundred and forty four committed the
crime of Murder at Roodevaal in the Great Fish River situate in the District of Somerset.
Attorney General has instituted for Criminal Action against the said James Hart for
the said crime and has filed the
Honourable Council that it is more expedient and will be less expensive to the
Government and will
Court of the District of Albany in the Supreme Council
before me at David J. Cloete this fifth day of March 1845 J.H. BOWLES
15
Circuit Court Grahamstown
15th April 1845
before this Court
James HART - Murder
being arraigned, pleaded - not guilty
Information from Jennifer Lloyd and Rod Gebhardt:
1/2/1/35 and 15/4/1845
James HART of 'Roodewaal' on the Great Fish River was on the 18th September 1844 found
guilty of murder after assaulting Cornelis VAN ROOYEN with a knife.
The Jury which found him guilty consisted of:
1. John Talbot
2. Thomas Berry
3. William Bartlett
4. Robert Blackbeard
5. Joseph Wilmot
6. Joseph Bradfield
7. William Upton
8. George Belfields
9. Richard Bradfield.
The Circuit Court decided to refer the case to the Supreme Court.
Verdict: NOT GUILTY of murder but GUILTY OF CULPABLE HOMICIDE.
Judgment of the Court:
To be imprisoned in the gaol of Grahamstown or such other place as the Governor shall appoint
for ten years with hard labour.
G. Cromer, Reg. of Court.
«i»Rod Gebhard comments: Looking at the jury and thinking back to all the names and family
links which have appeared on the list it makes me think this looks like a family gathering!
«/i»File 2/1/1/158 16/12/1873 9/6/1874
James HART, Snr charged with the sexual assault of a minor domestic servant Mary
MATTHES, 12 years old at the time (assisted by her father Herman MATTHES).
On the 26th August 1871 Mary was allocated («i»Rod says: I think she may have been contracted)
«/i»to work as a domestic for James HART, Snr. He undertook to teach her all the required duties of a
domestic worker as well as various educational matters.
Soon after she commenced employment it is alleged that James HART, Snr. called her into a into the room and instructed him to open his trousers and have sexual intercourse with the young
lady. The servant first refused, but when threatened with a beating, he complied.
This happened on a number of occasions with various different farm workers to which each was
instructed to perform a sexual act with her. Various witnesses testified to this effect.
Young Mary's testimony was not very strong nor were those of a large group of witnesses called
on her behalf. This resulted in the magistrate, in his summary, finding her and her witnesses, to be
unreliable and went on to find James HART not guilty.
A civil suite, for seduction of a minor was reopened by the family against James HART which
resulted in an award of £1,000 being made by the Court.
«i»Here follows many pages of letters around who would pay for the legal expenses of the witnesses
and those representing the case.
«/i»At some point, no specific date or time is mentioned James HART, Snr. left the colony and no
one knew where or how to contact him. A notice declaring James HART, Snr. insolvent was
delivered to James HART, Jnr. who at first refused to accept it as he stated he had no idea where his
father was. Some years later James HART, Snr re-appeared and put the farms 'Spreeukloof' and
'Roodewal' as surity for the fine. He eventually obtained £1,500 for both.
«i»Again there followed a number of letters around how the fine would be split to cover the various
expenses of the case.
«/i»Lieutenant James HART IV and Maria Susanna Wilhelmina VAN AARDT were married on 28
Aug 1830 in 'Glen Avon', near Somerset East, Cape of Good Hope. «b»Maria Susanna Wilhelmina
VAN AARDT «/b»(daughter of Willem Adriaan VAN AARDT, Snr. and Maria Susanna Wilhelmina
TREGARD (TRICHARDT, TRIEGARD)) was born on 24 Dec 1813 'Jagersdrift' Farm, Somerset
East, Cape of Good Hope. She died on 21 Dec 1839 'Jagersdrift' Farm, Bruintjieshoogte, Near
Somerset East, Cape of Good Hope. The Death Notice of Maria Susanna Van AARDT gives the
information that she was born on Jagersdrift and died on Bruintjieshoogte.
Information from the Van Aarde/Van Aardt Gedcom has her dying on Jagersdrift as well. She is
reference number 3518. The First date of death was established through an Obituary in "The
Daily Representative" Saturday, 24th October 1842. This information was provided by the file of
Desmond McAllister 3.12.2004.
The date and place of her birth came with the information on the Van Aardt's from Colin
Pretorius.(This was that she was born on board the 'Thomas' and died on Jagersdrift Farm)
5.8.2005 There has been a change of date of death from the file of John & Ilse
(XXXXX@XXXX.XXX) this fits in with the date of marriage to Maria Klopper!
Information from photograph 596 (109) by Happy Engela received 8 August 2006:
«b»DEATH NOTICE: 6.9.19 3996
«/b»Name of Deceased: Maria Susanna Wilhelmina VAN AARDT
Place of Birth: 'Jagersdrift', Somerset East, Cape of Good Hope
Parents: Willem Adriaan VAN AARDT
Maria Susanna Wilhelmina TRIEGARDT
Age of Deceased: 25 years 11 months 28 days
Condition in Life: Farmer's wife
Married
Name of Surviving Spouse: James HART
Date of Death: 21 December 1839
Place of Death: Bruintjies Hoogte, Somerset East, Cape of Good Hope
Names of Children: Hannah Tamplin HART
William Duncan HART (in some records William Adrian HART)
Maria Susanna Wilhelmina HART
Robert HART
Movable Property? Yes
Immovable Property? Yes
Signed: James HART Surviving Spouse.
In April 2007 I was sent a number of documents by Gary Hart. He is a 'gardener' Hart but has
collected a great deal of information on the HART family in general.
One of the items included the signatures of Robert Hart, Snr., James HART and his wife. Her
signature reads Mari Susanna Wilmina Van Aardt.
The National Archives Index records the following:
Document 67
James IV (Lt) HART | |||||||||||||||||||||||||||||||||||||||
(1) 1830 | |||||||||||||||||||||||||||||||||||||||
Maria Susanna Wilhelmina van AARD | |||||||||||||||||||||||||||||||||||||||
(2) 1840 | |||||||||||||||||||||||||||||||||||||||
The data shown has no sources.