made in the book after the death of Bollakey Doss, by order of Pudmohun Doss, and purporting to be in the lifetime of Bollakey Doss, carried marks of suspicion with it; yet, I own, Kissen Juan Doss had so completely gained my confidence, that I gave implicit credit to him. Many attempts were made to establish it in evidence, which failed of legal proof; but as I thought so well of Kissen Juan Doss, and as it would have been extremely hard, if such a paper had existed, that the prisoner should be deprived of the benefit of it, I said (having first asked the consent of my brethren,) that, though it was not strictly evidence, I would leave it to you to give such weight to it as you thought it deserved. I still leave it to you; and if you believe that such a paper ever existed, it would be the highest injustice not to acquit the prisoner. Attempts were made to bring this to the knowledge of Mohun Persaud; and if it did exist, and was in the knowledge of Mobun Persaud, this prosecution is most horrid and diaboKical. Mohun Persaud is guilty of a crime, in my apprehension, of a nature more horrid than murder. But, I own, what passed after the counsel for the prisoner had closed his evidence, has very much weakened the confidence I had in Kissen Juan Doss. The counsel did not desire that he should be called, assigning as is usual for their reason, that they had forgot to examine to any particular point which was contained in their instructions; but we are informed that the Maha Rajah had something to say. All that he says is, That he desires Kissen Juan Doss may be further interrogated as to the Kursa Nama. The question then is immediately put to him, Whether he ever explained the Kursa Nama to Mohun Persaud? and then be gives the account of Mohun Persaud's having seen it at Maha Rajah Nundoeomar's. When he is examined to the reason of his not having told it before, all that simplicity, all that air of truth and candour, which we had remarked in him, instantly vanished; his looks were cast down, his tongue faultered, be prevaricates, he contradicts himself, he did not seem the same man. He did not tell, because he was not asked.' He did not mention it to Maha Rajah Nundocomar in his letter, 'because he was afraid of Mohun Persaud 'He did not mention, because he did not recol'lect it.'' He did not deliver it in evidence, "because afraid of Mohun Persaud.' Mohun Persaud is a great man. He was not afraid to write the letter. He did not shew the letter to Mohun Persaud: why should he be afraid to insert this circumstance? If he now stands in so much fear of Mohun Persaud as not to mention this in his evidence, was he so much afraid of him when he voluntarily and directly confronted him as to the army books? All this fear arises from no recent threat: it is in consequence of a conversation at the distance of some years. VOL. XX. It is for you to determine how far he really stands in awe of Mohun Persaud, and what the effects of that intimidation was when he delivered his evidence. It is strange, as the witness was' so often examined, and so particularly to this Kursa Nama, that Maba Rajah Nondocomar never before suggested this matter to his counsel. If this latter part of Kissen Juan's evidence is true, he must be either guilty of perjury or very strong prevarication in his former evidence. Being asked as to Mohun Persaud and Gungabissen's knowledge of the entry made from the Kursa Nama? He says, I cannot say that Mohun Persaud and Gungabissen knew of it at the time of the entry; they 'knew of it afterwards. How can I tell when "they knew of it first? They must have known it from the papers in the Dewanny Audaulet ; they were all called for there. I should tell, if I knew Gungabissen or Mohun Persaud knew of the entry.' He must have known it was more material to prove that they knew of the Kursa Nama itself, in which the particulars of the account which formed the sum in the entry were wrote, and which Bollakey Doss had signed. But he presently afterwards positively says, That Mohun Persaud and Gungabissen were not acquainted with the accounts. In another part of his evidence, he says to Pudmohun Doss, Make my mind easy about 'the bond we are now paying,' or (for there was a doubt in the interpretation) which we ' have paid.' The time that this explanation was made at Maha Rajah Nundocomar's is not ascertained ; but it must have been before the payment of the bond; for afterwards it could be of no use. If then Kissen Juan Doss had before seen this Kursa Nama, and explained it to Mohun Per saud, why did he demand that his mind should be made easy about the bond? and how was it made easy, only by the production of a paper that he had seen before. I am much hurt, to be obliged to make these observations on the evidence of a man that I entertained so good an opinion of. I must desire you to recollect, with regard to this observation, and every one that 1 submit to you, that you are to make no farther use of them, than as they coincide with your opinions and observations; and when they do not, you' should reject them; for it is you, not I, that are to decide upon the evidence. Attempts were made, by means of Monohun and other witnesses, to impeach Mchun Per saud, by particular facts, of attempts to suborn, and by general character. You must judge how far they have succeeded. They totally failed in the same attempts, as to Commaul O'Dien. It is to be observed, likewise, that no person has been called to impeach the witnesses brought by the defendant. There are many observations to be made in favour of the prisoner; and I am sure your 3 Z humanity will prompt you to enforce them, as far as they will bear. I before said, that the defence, if believed, was a full refutation of the charge; it is not only so, but it must fix an indelible mark of infamy on the prosecutor. There are four positive witnesses of the actual execution of the bond by Bollakey Doss. In opposition to Commaul's evidence, there are as many to prove, that the witness attesting was another Commaul. Matheb Roy was not mentioned by the evidence for the crown. Four witnesses saw him attest it; and two other witnesses, one of them his brother, likewise prove that there was such a person. In opposition to Rajah Nobkissen and Pattock, who swear the name Sillabut to the bond, is not of Sillabut's hand-writing; four witnesses swear positively to the having seen him write it. Much depends in this prosecution on the evidence of Mohun Persaud: you must judge how far his credit has been shaken: most of you know him: you must determine how far he deserves credit; and how probable it is, that he would, through malice, or any other corrupt motive, accuse an innocent person of a capital crime. If you think him capable of it, you should not give the least attention to his evidence. He swore positively to the bond produced by Maha Rajah Nundocomar, and for which the Company's bonds were given, being the same bond that was produced in evidence; he said, he knew it from circumstances, but did not explain what those circumstances were; this I mention as going to his credit only; for the whole defence proceeds on identifying this bond, and proving it a true one. You will judge how far he is contradicted by Kissen Juan Doss, as to the army books; and which of the two are to be believed. An imputation was attempted to be thrown on Mohun Persaud, for preventing Gunga Visier from attending, who was said to be able and willing to appear as a witness: but that has been cleared up, to the full satisfaction of us; and, I do not doubt, to your satisfaction likewise. He could not be called by the prosecutor, on account of his interest; and no prejudice should accrue to the prisoner, for not calling him, for the same reason. The counsel for the prisoner have urged the hardship of this prosecution being brought at this distance of time. You have heard when Mohun Persaud first suspected the forgery; and when, by Commaul's declaration, he had reason to be confirmed in the suspicion. You have heard, when the papers were delivered out of the court; if there has been any designed delay, and you think Mohun Persaud had it in his power to carry on an effectual prosecution before he has; it is a great hardship to Maha Rajah Nundocomar, especially as the witnesses to the bond are all dead; and you ought to consider this among the other circumstances which are in his favour. Though, which is the sum in the entry. The other is the account delivered by Mohun Persaud and Pudmohun Doss, subsequent to the account delivered in by Pudmohun Doss, in which Pudmohun Doss had taken credit for this sum; and the subsequent account likewise contains it. I do not think much can be drawn from this, for the sums had, as Mohun Persaud says, been paid, and therefore they certainly would take credit for them, to prevent their being charged with them; this they would do, were the monies properly or improperly paid. There is certainly great improbability that a man of Maha Rajah Nundocomar's rank and fortune should be guilty of so mean an offence for so small a sum of money. It is more improbable, as he is proved to have patronized and behaved with great kindness to Bollakey Doss in his life-time, that be should immediately after his decease plunder the widow and relations of his friend. There does likewise appear to have been a suit in the Audaulet, which must have been s civil suit; but it does not indeed appear that Mohun Persand was a party; and, indeed, for what reason I know not, neither side have thought fit to produce the proceedings. I have made such observations on the evi dence as the bulk of it, and the few minutes I had to recollect myself, would allow me to make. You will consider the whole with that can deur, impartiality, and attention, which has been so visible in every one of you during the many days you have sat on this cause. You will consider on which side the weight of evidence lies; always remembering, that in criminal, and more especially in capital cases, you must not weigh the evidence in golden scales; there ought to be a great difference of weight in the opposite scale befor you find the prisoner guilty. In cases of pro perty, the stake on each side is equal, and the least preponderance of evidence ought to turn the scale; but in a capital case, as there can be nothing of equal value to life, you should be thoroughly convinced, that there does not remain a possibility of innocence before you give your verdict against the prisoner. The nature of the defence in this case is such, that, if it is not believed, it must prova fatal to the party; for if you do not believe it you determine, that it is supported by perjury, and that of an aggravated kind, as it attempts to fix perjury and subornation of perjury on the prosecutor and his witnesses. You will again and again consider the character of the prosecutor and his witnesses, the distance of the prosecution from the time the offence is supposed to be committed, the proof and nature of the confessions said to be made by the prisoner, his rank and fortune. These are all reasons to prevent your giving a hasty and precipitate belief to the charge brought against him; but, if you believe the facts sworn against him to be true, they cannot alter the nature of the facts themselves. Your sense of justice, and your own feelings, will not allow you to convict the prisoner, unless your consciences are fully satisfied beyond all doubt of his guilt. If they are not, you will bring in that verdict, which, from the dictates of humanity, you will be inclined to give; but, should your consciences be thoroughly convinced of his being guilty, no consideration, I am sure, will prevail on you not to give a verdict according to your oaths. The Jury retired for about an hour; and brought in their verdict, Guilty. 557. The Trial of JOSEPH FOWKE, FRANCIS FOWKE, Maha Rajah NUNDOCOMAR, and ROY RADA CHURN, for a Conspiracy against Warren Hastings, esq. Governor General of the Presidency of Fort William in Bengal. At Calcutta or Fort William, in Bengal aforesaid: 15 GEORGE III. A. D. 1775. [Subjoined to the Trial of Nundocomar, for Forgery. Published by Authority of the Supreme Court of Judicature in Bengal. London: Printed for T. Cadell in the Strand, 1776.] By way of Introduction to the Report of the Trials of Joseph Fowke and others, was published the following Account of certain Preliminary Measures. It is in itself not uninteresting. DEPOSITIONS CONCERNING A CONSPIRACY AGAINST WARREN Calcutta, April 20, 1775. * See the preceding Case. late that night Mr. Hastings received the following Letter from them: “The Hon. Warren Hastings, esq. "Sir; a charge having been exhibited, upon oath, before us, against Joseph and Francis Fowke, Maha Rajah Nundocomar, and Rada Churn, for a conspiracy against you and others; we have summoned the parties to appear tomorrow, at 10 o'clock in the forenoon, at the house of sir Elijah Impey, where we must require your attendance.—We are, Sir, your most obedient humble servants, E. IMPEY, ROBERT CHAMBERS, S. C. LEMAISTRE, JOHN HYDE." "Calcutta, April 19, 1775." The same intimation was sent, in the same form, to Mr. Barwell, Mr. Vansittart, Maha Rajah, Rajebullub, and Cantoo Baboo. The next morning Mr. Hastings attended, as did the other persons named in the letter. The persons examined as evidence on the charge, were Comaul O Dien, his Moonshy, Mathew Miranda and Timothy Pereira, two writers of Mr. Fowke, Akermannu a Gentoo, and a Moonshy, both servants of Mr. Fowke, and Yar Mahomed, a well-known servant of Nundocomar. The examination lasted till eleven at night. It will be necessary, before we proceed, to remind the reader of a representation which was made to Mr. Hastings by Comaul O Deen, of the like attempt made by Mr. Fowke in De cember last, to extort accusations from him; and which was laid before the board on the 13th of that month. In the course of the late examination it appeared, that Mr. Fowke bad | sent to the Board of Revenue a letter, dated the 18th of April, accompanied by a paper, bearing the seal of Comaul Ó Deen, and containing a formal recantation of his former representation. Mr. Hastings had not yet seen these papers. hear the particulars of it once from you: this is of no consequence to you. Being remediless, I said, Give me whatever draft you please. Afterwards, at night of the 6th Bysaac, at his own office, be caused me to have it written by my own Moonshy, and took it from me; and on the 8th instant he sent me with Rada Churn into his chamber, and, placing two writers and to Mr. Fowke. The said gentleman called me two Bengallies over me, first of all asked of DEPOSITION OF COMAUL O DEEN ALLI CAWN, Mr. Barwell, Mr. Vansittart, &c. as bribes? I me, What sums did you give to the Governor, The following are copies of the Depositions which were taken before the Judges. upon oath. | answered, I gave no bribes. Having heard "Having a demand on the Dewan of the this, he suddenly flew into a passion, and took Calcutta district, for the sum of 26,000 rupees, up a book which lay near him, to strike me, on account of the advances made on the colla- saying, Do you desire your own welfare? ries in the Hedgelee districts, which he had not Write what I desire you, and put your seal to paid to me; to frighten him I went to Maha this arzee. Being frightened, I put my seal Rajah Nundocomar, and gave him three ar- to the arzee, and said, Tell me what you desire zees; two against the said Dewan, and the I should write, that I may write it. He said, third against Mr. Archdekin, telling him to Write that you have given 45,000 rupees, keep the two arzees against the Dewan in his within three years, as bribes to Mr. Barwell, own hands; and that when Moonshy Sudder 15,000 rupees in nuzzies to the Governor, O Deen should arrive from his house, and I 12,000 to Mr. Vansittart, 7,000 to Maha Rajah should receive my money through his means, Rajah Bullub, and 5,000 to Baboo Kissen Can. that I would make him (Nundocomar) a pre- too. I was confined in a chamber, without any sent of 6,000 rupees, and take back my arzees power; and, being in fear of my reputation and from him: I also desired, that he would lay the life, I wrote what was desired of me with my arzee which I had given him against Mr. Arch- own hand, and gave it, and thereby obtained dekin before the committee, and afford me his my liberty; and when I got out of the champatronage. The said Rajah agreed to this, and ber, I stood at the top of the stairs, and called dismissed me. Another day Maha Rajah told aloud to Mr. Fowke's son and Rada Churn, me, that his business depended on Mr. Fowke," Give me back the falsities which I have been whom I must visit. I answered, that in the obliged to write, and have been taken from me; month of Poos, a quarrel happened between otherwise I will go and lodge a complaint that gentleman and me, and that I therefore before the Audaulet." Shimsheer Beg and his could not go. He replied, It did not signify. Moonshy are witnesses to the truth of this. At his desire, I accompanied Rada Churn to Mr. Fowke's son, hearing, went to his father, visit the said gentleman, who talked to me very and after much conversation came out, and said friendly. In the mean time, Moonshy Sudder to me, Go for the present to your house; the O Deen arrived, and told me to get back my Maha Rajah will come here to morrow, do arzees; and that he would settle my affairs you come here at the same time; I will then with the aforesaid Dewan. I went to the satisfy you. Being remediless, I came to my Maba Rajah, and desired to have my arzees re- own house, and went to Moonshy Sudder Ŏ turned to me. Maha Rajah replied, Give me Deen, and said, Do you go and give notice to the 6,000 rupees, according to agreement; and Mr. Barwell and Mr. Vansittart, that Mr. take back your arzees. 1 said, I have not yet Fowke has this day exercised great oppression received the money; as soon as I have, I will on me, and has made me write a great number assuredly give it you, and will give you a writ- of falsities against the gentlemen, which be ten agreement to this effect. He would not has taken from me; and that, whatever is to be consent to this; and on the 5th of Bysaac said done, will be executed to-morrow. This day, to me, In the month of Poos, you gave in an being the 9th of Bysaac, I came to Mr. Fowke's arzee of complaint against Mr. Fowke, on house, and saw that he, his son, and the Maha which account he is displeased with you, and Rajah, were consulting together in his chamwill not return them to you. I replied, I gave ber, I stood without. About two gurries afthe arzees in trust to you, and not to Mr. terwards, the said gentleman, the Maha Rajah, Fowke. He answered, Do one thing, and I &c. came out, and got into their palanquins. I will return your arzees: I will give you a came before them, and called for justice from draft of an arzee, which you must write, and the Council and Audaulet, and desired that they present to the general, and agree, that when would return me the writing which they had you are appointed to Poorniab, you will present yesterday forced me to write, and taken from this arzee against the governor to the council: if me. The said gentleman and Maba Rajah, you do not agree to this, your arzees will not be being enraged, told their people to take me, returned. I said, Shall I give a false arzee to and keep me within the house. I opposed Mr. Fowke, to procure the return of my own them with all my force, and got into my palanarzees? He replied, You need not give this quin; there were near 20 people with me. The arzee, or put your seal to it; he only wants to quarrel continued between my people and theirs till I arrived at the house of Rajah Rajah Bullub, when their people returned. 1 went to the governor, and represented all these particulars to him: I hope for justice." Seal. [COMAUL O DEEN ALLI CAWN.] Q. When was it you first applied to Nundo. comar with the arzees ?-4. The latter end of Chite. He delivered the three arzees to Rada Churn, who carried them to Nundocomar, whom he himself did not see that night; but the next day he saw Nundocomar, who told him he had received the arzees; that he would give the one against Mr. Archdekin to the Committee, and keep the others by him. His offer was, by means of Rada Churn, 4,000 to Nundocomar, and 2,000 for himself. He says, be made this offer because he expected that Nundocomar, by his great influence in Calcutta, which is well known, would be able to procure the payment of the money. was on a separate list, written by himself out of fear. That he did not put down any reasons for giving these sums, nor was desired by Mr. Fowke to do so. He did not give these sums, nor any other; and should never have thought of accusing these gentlemen, had it not been for Mr. Fowke and Nundocomar's conduct. He took the farm of the Hedgelee district for five years, and furnished 375,000 maunds of salt, and collects 75,000 rupees revenue. The Company pays him a lack of rupees year, ly for the salt which he provides for them. DEPOSITION of NUNDOCOMAR. "Comaul O Deen Cawn, in his childhood, was with me two or three years: since, some disputes arising, he separated from me; about two months ago, he mentioned to Rada Churn that a violent enmity had subsisted betwixt him and me, and begged Rada Churn to endeavour to bring us together; he made many intreaties to this purpose to Rada Churn, who informed me of what had passed; and likewise informed That Rajah Nundocomar had always influence, but particularly since the Rajah of Burd-me, that Comaul O Deen was much ashamed wan obtained bis Kellaut. of his behaviour to me; and that he begged his faults might be forgiven him. I told Rada Churn, in answer, that he was in the wrong to mention this affair to me; who earnestly requested, that I would forgive Comaul O Ďeen. I answered, That he was very young, and that this man would occasion more disputes; but at That the said Rajah and the Rajah of Rad- | shue paid him attention, and that he has frequently 50 palanquins at his door, He did not himself, at that time, mention the money to Nundocomar, but only made the offer to Rada Churn: it not being usual to offer money to the principal, but through an inter-last I gave him permission to bring Comaul O mediate person. What he mentioned, concerning the draft of the .arzee, was said by Nundocomar in a whisper; and heard by no one except Rada Churn, son-in-law to Nundocomar, who conducts Mr. Fowke's business, and is supposed to be his banian. He says, that Nundocomar dictated the draft of an arzee to his (Comaul's) Moonshy; and, after having altered it, desired that he would order bis Moonshy to write it fair. He then complained of illness, and went away, leaving his Moonshy there. Deen Cawn. One day be said to me, that Gunga Govin Sing bad got 26,000 rupees after the manner of a bribe, besides 3,000 and 800 which had been taken by his servants. I asked him, if he had ever mentioned this circumstance to any one else. He answered, That Sudder O Deen and Gunga Govin Sing were in friendship; and though I had several times demanded my money from them, they would not pay it. I told him, That, since that was the case, I had no other remedy but complaining to the council. Another day, having written two arzees, he brought them to me: after reading them, I desired him to carry them to the council. He then desired me to send Rada Churn with him to Mr. Fowke, that that gentleman might send the arzees to the council. I did so, and desired them to give my That, on the 8th, when he went to Mr. compliments to Mr. Fowke; requesting, that, Fowke's, there were no others in the room ex- if the proofs appeared clear, he would send them cept Mr. Fowke, Rada Churn, and two Ben- to the council, that Comaul O Deen might ob◄ gallies and two writers. Young Mr. Fowke tain justice. He gave the arzees to Mr. Fowke, and others passed in and out of the room after which some days elapsed. On the 5th several times. Mr. Fowke shewed him the Bysaac, I went to the house of the general, to arzee, and desired him to put his seal to it. He pay bin a visit. While I was at the general's, says he was in fear and trembling on account of I received a message from Rada Churn, in Mr. Fowke's anger, who took up a large folio, forming me, that Comaul O Deen and himself and threatened to beat him with it; that he were at the house of Mr. Fowke, and requesthad laid hold of his feet, and desired forgive-ed I would call in as I went home. I went ness, and that he would do whatever Mr. Fowke pleased. That Nundocomar sent his Moonsby, about ten at night, under the charge of another person, with the arzee, and directed him to affix his seal to it, which he then refused; saying, that he had made no such agreement. What Mr. Fowke desired him to write was, that he gave the sums of money formerly mentioned to the Governor, Mr. Barwell, &c. This there accordingly. Mr. Fowke told me, That Comaul O Deen had made both verbal and written representations to him, and requested that I would examine them, and inform him what part of his representations were true, |