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you determine, that it is supported by perjury, nature of the facts themselves. Your sense of and that of an aggravated kind, as it attempts justice, and your own feelings, will not allow to fix perjury and suburnation of perjury on you to convict the prisoner, unless your conthe prosecutor and his witnesses.
sciences are fully satisfied beyond all doubt of You will again and again consider tbe eba- his guilt. If they are not, you will bring in racter of the prosecutor and his witnesses, the that verdict, which, from the dictates of budistance of the prosecution from the time the manity, you will be inclined to give; but, offence is supposed to be committed, the proof should your consciences be thoroughly conand nature of the confessions said to be made vinced of bis being guilty, no consideration, I by the prisoner, his rank and fortune. These am sure, will prevail on you not to give a verare all reasons to prevent your giving a hasty dict according to your oaihs. and precipitate belief to the charge brought against him; but, if you believe the facts sworn The Jury retired for about an hour ; and against him to be true, they cannot alter the 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.]
late that night Mr. Hastings received the fol By way of Introduction to the Report of lowing Letter from them : the Trials of Joseph Fowké and others,
· The Hon. Warren Hastings, esq. was published the following Account of “ Sir; a charge having been exhibited, upon certain Preliminary Measures. It is in oath, before us, against Joseph and Francis
Fowke, Maha Rajah Nundocomar, and Rada itself not uninteresting.
Churn, for a conspiracy against you and others;
we have summoned the parties to appear toDEPOSITIONS
morrow, at 10 o'clock in the forenoon, at the house of sir Elijab Impey, where we must re
quire your attendance.We are, Sir, your most A CONSPIRACY AGAINST WARREN obedient humble servants, E. IMPEY, ROBERT
CHAMBERS, S. C. LEMẠISTRE, Joun Hyde.” HASTINGS, Esq.
“ Calcutta, April 19, 1775." Calcutta, April 20, 1775.
The same intimation was sent, in the same
form, to Mr. Barwell, Mr. Vansittart, Maha On the 19ıb instant, about nine in the morn. Rajah, Rajebullub, and Cartoo Baboo. jog, Comaul O Deen Alli Cawn, the farmer of The next morning Mr. Hastings attended, as Hedgelee, came to Mr. Hastings, with a com did the other persons named in the letter. plaint agaiost Mr. Joseph Fouke, for having The persons exaroined as evidence on the estorted from him, by violence, accusations charge, were Comaul O Dien, bis Moonshy, against Mr. Hastings and other persons. The Mathew Miranda and Timothy Pereira, two particulars of his story will be related at large writers of Mr. Fowke, Akermannu a Gentoo, in bis deposition. He said, he bad that instant and a Moonsby, both servants of Mr. Fowke, made his escape from the bands of Fowke and and Yar Mahomed, a well-known servant of Nundocomar. His jainnia was torn, his face Nundocoinar. The examination lasted till pale, and he was, or appeared to be, out of eleven at night. breath. Mr. Hastings told him, he could It will be necessary, before we proceed, to afford bia no redress; and referred bim to the remind the reader of a representation which Chief Justice. He went. The Chief Justice was made to Mr. Hastings by Comaul O Deen, having heard the complaint, summoned the of the like attempt made by Mr. Fowke in De other judges to meet him in the evening; and cenyber last, to extort accusations from him;
and which was laid before the board on the * See the preceding Case.
13th of that month. In the course of the late
examination it appeared, that Mr. Fowke had hear the particulars of it once from you: this is sent to ibe Board of Revenue a letter, dated the of no consequence to you. Being remediless, 18th of April, accompanied by a paper, bearing I said, Give me whatever drafi you please. the seal of Conaul Ó Deen, and containing a Afterwards, at night of the 6th Bysaac, at his formal recantation of bis former representa- own office, be caused me to have it written by tion. Mr. Hastings bad not yet seen these my own Moonsby, and took it from me; and papers.
on the 8th instant he sent me with Rada Churn The following are copies of the Depositions into his chamber, and, placing two writers and
to Mr. Fowke. The said gentleman called me which were taken before the Judges.
two Bengallies over me, first of all asked of Deposition of Comaul O Deen Alli Cawn, Mr. Barwell, Mr. Vansittari, &c. as bribes ?
me, What sums did you give to the Governor, upou oalh.
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 tay 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 bim three ar to the arzee, and said, Tell me what you desire zees; two agajust the said Dewan, and the should write, that I may write it. He said, third against Mr. Archdekid, 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 Moonsby Sudder 15,000 rupees in nuzzies to tbe Governor, O Deen sbould 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 Canthat 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 bim : 1 also desired, that he would lay the life, I wrote what was desired of me with my arzee wbich I bad given him agaiost Mr. Arch- own hand, and gave it, and thereby obtained dekin before the committee, and afford me bis my liberty; and when I got out of the champatronage. Tbe said Rajab agreed to this, and ber, I stood at the top of the stairs, and called dismissed me. Anotber day Maba Rajab 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 bave 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 bis desire, I accompanied Rada Churn to Mr. Fowke's son, hearing, went 10 bis father, visit the said gentleman, who talked to me very and after much conversation came out, and said friendly. To the mean time, Moonshy Sudder to me, Go for the present to your house ; tbe O Deen arrived, and told me lo 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 weni to the satisfy you. Being remediless, I came to my Maha Rajah, and desired to have my arzees re- own house, and went to Moonshy Sudder O 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. I said, I have not yet Fowke bas this day exercised great oppression received the money; as soon as I have, I will on me, and bas made me write a great number assuredly give it you, and will give you a writ. of falsities against the gentlemen, which he ten agreement to iliis effect. He would not bas 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, lu 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 af. the arzees in trust to you, and not to Mr. terwards, the said gentleman, the Maha Rajab, 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 Poorniah, 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 bouse. I opposed Mr. Powke, 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 10 people with me. The erzee, or put your seal to it; be only wants to quarrel continued between my people and
theirs till. I arrived at the house of Rajah Rao was on a separate list, written by himself out jah Bullub, when their people returned. 1 of fear. went to the governor, and represented all these That be did not put down any reasons for particulars to him: I hope for justice." giving these sums, vor was desired by Mr. Seal. [COMAUL O DEEN ALLI Cawn.] Fowke to do so. He did not give these sums,
por any other; and sbould never have thougbt Q. When was it you first applied to Nundo- of accusing these gentlemen, had it not been comar with the arzees ?--A. The latter end of for Mr. Fowke and Nundocomiar's conduct. Cbite.
He took the farm of the Hedgelee district He delivered the three arzees to Rada Churn, for five years, and furnished 375,000 maunds who carried them to Nondocomar, whom he of salt, and collects 75,000 rupees revenue. himself did not see that night; but the next The Company pays bim a lack of rupees yearday he saw Nundocomar, who told him he had ly for the salt which he provides for ihem. received the arzees; that he would give the
DEPOSITION of NUNDOCOMAR. one against Mr. Archdekin to the Committee, and keep the others by him.
" Comaul O Deen Cawn, in bis childhood, His offer was, by means of Rada Charn, was with me two or three years : since, some 4,000 to Nundocomar, and 2,000 for himself. disputes arising, he separated from me ; about
He says, he made this offer because he two months ago, be mentioned to Rada Churn expected that Nundocomar, by his great in that a violent enmity had subsisted betwixt him
Auence in Calcutta, which is well known, and me, and hegged Rada Churn to endeavour would be able to procure the payment of the to bring us together; be made many intreaties money.
to this purpose to Rada Cburn, who informed That Rajah Nundocomar had always influ. me of what had passed ; and likewise informed ence, 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 That the said Rajah and the Rajah of Rad- his faults might be forgiven him. I told Rada shue paid bim attention, and that he has fre- Churd, in answer, that he was in the wrong to quently 50 palanquins at his door.
mention this affair to me; who earnestly reHe did not himself, at that time, mention the quested, that I would forgive Comaul O Deen. money to Nundocomar, but only made the offer I answered, That he was very young, and that to Rada Churn: it pot being usual to offer this man would occasion more disputes; but at money to the principal, but through an inter- last I gave him permission 10 bring Comaul O mediate person.
Deen Cawp. One day be said to me, that • What be mentioned, concerning the draft of Gunga Govin Siog had got 26,000 rupees after the arzee, was said by Nundocomar in a the manner of a bribe, besides 3,000 and 800 whisper; and heard by no one except Rada which had been taken by his servants. I askChurn, son-in-law to Nuodocomar, who con- ed him, if he had ever mentioned tbis circumducts Mr. Fowke's business, and is supposed to stance to any one else. He answered, That be his banian.
Sudder O Deen and Gunga Govio Sing were in He says, that Nundocomar dictated the draft friendship; and though I had several times de of an arzee to his (Comaol's) Moonshy; and, manded my money from them, they would not after having altered it, desired that he wonld pay it. I told him, That, since that was the order bis Moonshy to write it fair. He then case, I had no other remedy but complaining complained of illoess, and went away, leaving to the council. Another day, having written tris Moousby there.
two arzees, he brought them to me: after That Nundocomar sent his Moonshy, about reading them, I desired bim to carry them to den at oight, under the charge of another per- the council
He then desired me to send son, with the arzee, and directed him to affix Kada Churn with bim to Mr. Fowke, that that bis seal to it, which he then refused; saying, gentleman might send the arzees to the counthat he had made no such agreement.
cil. I did so, and desired them to give my That, on the 8th, wben 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 Churp, and two Ben- to the council, ibat Comaul O Deen might obgalies 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 himn the Bysaac, I went to the bouse of the general, to arzee, and desired him to put bis seal to it. He pay him a visit. Wbile I was at the general's, says be was in fear and trembling on account of I received a message from Rada Churn, inMr. Fowke's anger, who took up a large folio, forming me, that Comaul O Deen and-bimself and threatened to beat him with it; that he were at the house of Mr. Fowke, and requesthad lait bold of his feet, and desired forgive ed I would call in as I went home. I went Dess, and that he would do wbatever Mr. Fowke there accordingly. Mr. Fowke told me, That pleased.
Comaul O Deen bad made botb verbal and What Mr. Fowke desired him to write was, written representations to him, and requested that he gave the sams of money formerly 'men- that I would examine them, and inform him hored to the Governor, Mr. Barwell, &c. This what part of bis representations were true,
Comaul O Deen said, That he had a pain in SHEIK BAR Maumud being sworn ; Rajah Nun. bis bowels, and could not remain any longer, hut that he would come with a foul draft of bis
docomar desires he will give an account
of the circumstances of this affair. complaint in the evening. I went home. About seven in the evening, Comanl O Deen came to "One evening Maha Rajah sitting in his my house, bringing a foul draft of a paper and dewan khasina, or office, Comaul ul Deen a Moonsby with him, and desired Rada Churn Cawn came to him, and sat with him about an to carry him to me. He accordingly came to hour and a half; when he was going away, be me with the foul draft; and, upon inspecting pointed to his Moonshy, who was sittjag at it, I asked him, What was the meaning of some distance writing; and ordered his people Gherab Purwar Audaulet Gooster ? He an- to ask, If he had finished the arzee? His peoswered, That the council were entitled to be ple returned, and informed bim that one balf called Gherab Purwar Audaulet Gooster. He was done. He then requested, that the Rajah told me, that the copy he had given me was would be so good as to send one of his people not well worded, and begged of me to make with the Moonshy and arzee when it should be out another. His Moonsby then began to make finished ; and that, when he had sealed it, be out another copy. He bad written out about would return it. Rajah
Nundocomar ordered half bis arzee, when Comaul O Deen observed me to carry the paper to Comaul ul Deen when that he was ill, and would go home. He left it was finished, and to take the Moonshy with his Moonshy behind him, and went away. me. I asked the Moonshy, if his arzee was Just as be was going, he desired me to send ready ? He answered, It was not; but he had Sheik Ear Mahmud with the letter wben it only two or three more lines to write. After was done ; and that he would seal it at home, one gurry, the Moonshy informed me, that the and send it back to me. I then went out of the paper was ready; and I went with it, in conoffice, and told Sheik Ear Mahmud to carry the pany with the
Moonshy and another person, to arzee to Comaul O Deen, together with the the house of Comaul ul Deen; the Moonsby Moonsby; and in case Comaul O Deen should put the paper into his band. He gave me bee affix bis seal to it, to bring it back to me, and I tle, and a booka to smoke. He then read the would send it to Mr. Fowke. When the arzee arzee from beginning to end, and blotted out a was wrote, Sheik Ear Mahmud and the Moon word of it, in that part wbich concerned Mr. shy carried it to Comaul O Deen ; who sealed Graham ; and Goofhast, he said, to be put in it, and gave it to Sheik Ear Mahmud. Next stead of it. He then spoke the following words morning the arzee was shewn to me: I direct to me: Sheik Ear Mahmud, I wrote the ed Rada Churn to carry Comaul O Deen with 'contents of this arzee; and if a hundred Com the arzee to Mr. Fowke. This was on Sunday. "rans are put on my head, I will swear to the Comaul O Deen gave the arzee to Mr. Fowke. truth of every word iu it. He then took off Two days after, being Tuesday, I went to Mr. his ring, and ordered bis khidmidgar, or serFowke's house, who observed, That if two vant, to bring his ink-stand; which was acpeople witnessed the arzee, it would be better. cordingly done. He then sealed the arzee; I said, he was right, if Comaul O Deen would and asked two Moonshys and myself, who agree to the proposal. One gurry after, Comaul were present, If the paper was well sealed? O Deen came. 1. informed him, that Mr. To which we answered in the affirmative. Fowke thought it would be right to make two After that, I carried the paper home. Rajab persons affix their signatures to the arzee as Nundocomar was asleep. 'I put the arzee witnesses. He agreed to it; and two writers under the care of the Consumma, directing him were called, to whom Comaul O Deen said, to give it either to Rada Chury or Rajab NunThis is my arzee; witness it. On Tuesday docomar in the morning." ereuing Comaul O'Deen came to me, and told Sheik Ear Mahmud examined, the Arzee beme, He was informed, that Mr. Fowke iotended to deliver in the arzee to the council next day.
ing shewn to him. He requested to go for one gurry to the house In what part of this arzee is the word Goof. of Mr, Fowke, and to entreat him to deliver in hast, which you said in your evideuce was put the arzee against Gunga Govin Sing first. He in the place of another?-Comaul ul Deep made use of many intreaties, and at last I got made an observation, that Goofhast should be into my palanquin, and recommended his in- inserted in one part of the arzee where Mr. treaty to the consideration of Mr. Fowke. Graham's name was mentioned; but be did That gentleman answered, That he would do not alter it in my presence. what was proper. When I was going, Comaul Is this the petition which Comaul O Deen's O Deen represented to me, that it was very Moonsby wrote in Rajah Nandocomar's house, hard upon him that the arzee against Gunga and which you carried from thence to the Govin Sing was not delivered ; for, if the house of Comaul O Deen ?-(shewing No. 1.] other was given in first, he feared he should This is the petition. gaiu no advantage from that. I advised him Did Coinaol 0. Deen's Moonshy copy the to be patient, and to give in his arzee to the arzee from a foul draft ?-One man read the council, where he would obtain redress. He foul copy to the Moonsby, who wrote what would not attend to what I said, but ran to tbe was dictated by the other person. governor's. I went home.".
Who was the other person ?---I do not know
hig name. I should know him if I was to see on the 8th was the same written by my Moonhim again.
shy on the 6th. Whose servant is he?---He is a servant of Did you on the 8th affix your signature or Comaut O Deen's.
seal to any other paper than the arzee and the How do you know ?... He told me so, as I | fard ?---No, I did not. accompanied bim to the house of Comaul Was the name of any witness affixed to the Deen.
arzee ? ---The servants of Mr. Fowke did affix Did Rajab Nundocomar read over either the their names as wituesses to the arzee. foul draft or the fair copy of the arzee ?.--) do Did tliey likewise affix it to the furd ?... not know that he either read the foal draft or No. tbe fair copy.
Was there in the arzee any references to the Who were the Moonshys 10 whom Comaol separate paper P--- No. O Deen said, is not the paper well sealed ?--- Was there no arzee to explain the oature of The twn Moonsbys who accompanied me from the separate paper ? ---No, there was none. Rajah Nundocomar's, and who were Comaul O Was there any Bemootaula on tbe furd P... Deep's servants.
When the furd first came of the carpet, I was
blind and senseless with crying. Moonshy Khadar Newaz Cawn examined. How did you write the
furd in such a sitaxDid Rajala Dopdocomar read the petition in Par I wrote upon the ford the words, Rusafter it was first wrote from his dictating?-
san nedum, or right. I wrote no other part
of it. He did read it. He first gave a foul draft of it into the hands of one of his owo people; and furd ? I wrote words to shew that I approv
What letters or words did you write on the then corrected it. He first dictated the arzee
ed it. to me; it was afterwards agaiu written by one
Whether the furd contained a list of names of his own people; and the Rajah then corrected that copy with his own hand, and gave else! --Simply a list of the names and sums
and sums of money, or if it contained any thiog it to me to write fair.
collusively taken on account of Hedgelee. Have you a copy of it?--- No.
Who wrote the furd?) do not know. Do you remember the subject of the arzee ?
Who were in the room at the time p... Mr. ---I do not remember any thing of it.
Fowke and Rada Churø were present ; many Did you write more arzees than one that day? other people passed backwards,
and forwards ---Only one that day, In whose name ?..Comaul O Deen Cawn's. through the room; who they were, I do not
know. To whom was the arzee meant to complain? -1 do not know,
Who brought the pen and ink in, to write Against whom was the complaint ?--Against
the ford ?--Ěvery ibing of the kind was there.
Was the name of the governor or any other the governor, in the arzee that was dictated
person mentioned in the arzee?
---The comto me.
What was complained of in the arzee ?---1 plaint was against the governor. Moonshy before told you, that I could not tell. It is in Sudder o Deen, Gonga Govin Sing, Mr. Grad the petition, which may be produced.
ham, Mr. Vansittart, Rajah Bullub, and the governor's Moonshy's names were mentioned
in the arzee. Comaul ( Deen Cawn examined.
I do not recollect any others,
Was there any thing relating to the Ingalee Was the complaint against the governor, affair and cothusions, in the arzee sealed by you Mr. Barweh, Mr: Vansitfart, and Rajah Bul on the 8th? The petition was very long I lub, in one arzee, or in more ?--- They were canuot remember. contained in one.
Cannot you remember the least of it?--To how many papers did you afis your sig- can say nothing respecting the arzee till I have nature that day?-. pat my seal to the arzee, seen it. [Comaul O Deen Cawn represents, and my sigpature to one furd on separate pa- there was another small arzee.] I gave in per.
another arzee respecting the Audaulet of HidWhat did that separate paper contain ?---An gelee. account of sums given to different persons. How did you sign the furd ?---) wrote Rus
What was contained in the arzee ?--- I do not sao nedom, or 'Tuckoowledge it,' upon the kdow: let it be produced.
paper. Were the names of the governor, or any How came you to say you wrote the furd other persons, mentioned in that arzee ?- The with your own hand, when you only signed it? governor's name was mentioned in the conver- ---Azdast Khood Novistadada, which are my sation beld with the Rajah, when the foul draft own words, may mean signing my name with was written at night. The coinplaint was my own hand, as well as writing it out with against the governor. Mr. Graham's name, my own hand. Gunga Govin Sing's, and Sudder 0 Deen's, Toto whose hands was that fürd delivered ? ... were mentioned.
Mr. Fowke said to me, You have given me Was the arzee to which you set your seal at this. I answered, I acknowledge it. I gave Mr. Fowke's house the same written by your it into Mr. Fowke's hands, after having acMoonshy on the 6th --The arzee sealed by me ktowledged it.