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zee, and that there may be such a meaning pot | write the dictates of his own heart; and in the in that arzee by which the Goverpor and Mr. night Maha Rajab seot it by Yar Mabomed Jobo Grabam may get a bad name: he has de for the purpose of getting my seal opon it. I sired me to write it; but I will not do it; and told him, There was no agreemeni between I will not bring so bad a name opon myself: Maha Rajah and me that I should pot a seal you are my friend, and therefore I have com- to it. I did not put a seal to it. Yar Mahomed inupicated it to you. This was in the night, went back again upon that business. Mr. upon the business of arzees, be told me so Fowke has to-day forced me to put my seal, much.
and tished up a book to strike me, and was What time was that in Bysaak ? - It was very angry with me; for which reason I sealeither the third or fourth, I do not remem- ed it, and gave it to him. He took out a furd, ber. That was all that passed upon the in which was wrote the names of Mr. Barwell, arzees. Wben one friend goes to visit another, the Governor, Mr. Vapsittart, Cantoo Bahoo, they talk of various subjects; if you mention Rajalı Rajebullub; these names, and certain any particular subject, I will tell. Again, there sums, were wrote in the furd, and desired me was a conversation on the eighth Bysaak; to put my duskut to it.” I asked him what there were four' gurries of the day remaining duskut keir be bad put upon it: Comaul O Comaul O Deen came to me, and said, I have Deen said, In some places I wrote Russan ne. been at Mr. Fowke's bouse, to get back the ar. dum, and others Dadum. And be told me a zees which I gave against Gunga Govin Sing great deal about his being in a great measure He has not given me back tbe arzees. He bas senseless. caused me to put my seal by force to an arzee on the business of the tecká collaries, and he
Gunnissan Doss, being asked as to the difhas made me sign a furd ; but afterwards I told ference between Duskui and Duskut Kier; him, Do not do so. Wben I became my own
says, “Duskut generally among great men to master, I said, Sir, do not do so. Then Mr. inferiors means a mark of authentication, with
out a name.” Fonke said, Do not be in a burry, Maha Ra. jah will be here to-morrow, and then we will
Moonshy Sudder 0 Deen. It may be either settle it, dou't make a disturbance. (Comaul)
a signing or a single letter ; or any mark they I am now going to Maha Rajah's, it he will chuse to make; the same from an interior to a procure me back my arzees and papers very superior, as from a superior to an inferior. well; and if not, to-morrow I will make a dis. Are the two Persian words mentioned by turbance; or, I will destroy myself. You are Comaul O Deen a duskut?-Yes. For which my friend, acquaint Mr. Barwell and Mr. Van- reason I asked bim wbat duskut be had put to sittart with it. Having said this, he said, I am it; and undoubtedly I thought when he told immediately going to Maha Rajab. I will me what it was be had put, I thought it a duscome back again at night, and tell you all the kut. “ After having wrote them, I (C. O Deen) particulars. He went away. He came back at made a disturbance. All this I told to Nuodonight. I speak from guess, it might be about comar; who said, To-morrow you shall get five or six gurries after the night. There was back again all your papers and arzees.” this conversation between us: seeming pleased, he said,
Sudder 0 Deen cross-examined. “ Maha Rajah will give me back the arzee and all the papers ; he has told me to come Were you at Comaul O Deen's Jast night? to-morrow. Do you now hear all the particu--I neither saw bim por heard from him. Jars: the arzees wbich I gave against Gunga Have you beard what evidence he gave?Govin Sing, and deposited with Roy Rada It is the custom here for persons to talk about Cburn, with the knowledge of Maba Rajah, what passes in the court; some are good men, upon this condition Moonshy Sudder 0 Deen some bad ; and have told me, at different times, is gone; if my dispute with bim can be settled, Comaul O Deen gave such and such an eviI will take back, and I am to give bim 6,000 dence. Nobody came to my house to inform rupees: 4,000 rupees to Maba Rajab, and me of his evidence. 2,000 rupees to Rada Churn. Two days ago When did Comaul O Deen first inform you I desired Maha Rajah to give them back again, of any disputes between him and Gunga Govin but Mr. Fowke says, Write out an arzee on Sing! He told me of it when I came from my the business of the tecka collaries, and then own bonse. you'll get back your arzees against Gunga Did Comaul O Deen desire you to obtain Govin Sing. I (C. O Deen) said, Maha Rajah, from Gunga Govin Sing any sum of money how can I write this ? Maha Rajah sajd, it which he had upon bim?-C. O Deen said to does not signify; do you one thing ; do you me, I have on your account deposited arzees write ou one subject; baving shewn it to Mr. against Gunga Govin Sing; do you get the Fowke, that story of yours shall be torn; and business settled for me. you will receive back the arzees against Gunga Did you
settle it?- I did. Govin Sing that are with Mr. Fowke. I said, On what terms ? What sum of money was I have the disorder of the piles, and a pain in paid to Comaul?-When I came home, Comy belly; I will go ; my moonshy will re- maul complained much against G. G. Sing ; main, and will write it. I went; my moonsby and be afterwards told me, He is now in my staid. Maha Rajab caused the moonsby io power; you are his friend and mine ; if you'll
settle it, very well; if pot, there will be a dis- / mutsuddies, for the grant of the tecka collarpute; I will injure him very much. He began ries, or the adjustment of accounts relative to to talk angrily; and I said, Disputes are not them; I am not certain wbicb. These were good: why should there be disputes between salt works, not originally included in the lease friends ? Such conversation passed every day. of the farm of Hidgelee, but worked by other They were both my friends ; for which reason farmers, by people brought from other parts, I told them it was better 10 settle it; and about and afterwards given to the farmer of Hidge the 5th day I settled it, for 10,000 rupees. lee, to prevent competition. I told him, I
Was 10,000 rupees the whole paid to Co-woukl not receive a verbal complaiot ; if be demaul O Deen, either in money, or any other sired me to take cognizance of it, he must consideration ?---Comaul 0 Deen claimed commit bis complaint to writing, aod deliver it 26,000 rupees ; G. G. Sing said, I have writ- in writing. He did so; but in terms so brie ten off this to your revenue account: you have and general, that I returned it to him, telhag no claim opon me. I told this to Comaul obim, that, as he had stated it, it did not amount Deen ; who tben said, I am inuch in arrears, to a complaint; that I would bare notbing to on account of the tecka collaries; and my say to it; but if he wished I really would take character will go ; if I can get 10,000 rupees, notice of it, he must mention the facts by which I shali escape. i then told Guuga G. Sing; be thought himself injured, in writing, and reYou are my friend, and he too; it is not well late their circumstances. I think, while I was to quarrel among ourselves; and now the times talking to him, Mr. Vansittart arrived in the are such, that it beboves every good man to apartment where we were conversing. I told aroid having any complaint against him ; it him what had passed, and what I bad been is necessary for you to give C. O Deen 10,000 saying to Connaul O Deen; he repeated the rupees. Then Gunga G. Sing said, You say same injunction to bim. Comaul' o Deen this to prevent quarrels ; it does not signify; said, He would write down the complaint, adi what you say is very well: you tell me to give make it fuller and more circumstantial; bat 10,000 rupees; the remaining 16,000 rupees that he had no Moonshy with him. I told him, shall be written off on bis land revenues. Mine should write it, if he would dictate it.
Did Comaul O Deen mention any other He agreed to it, and wrote the first arzee, arzees than those against G. G. Sing ?.-. He which has been read.; it was then brought to said something about baving given a duskut for me, I believe by Comanl O Deen, and ľaid i the Audaulet of Hidgelee to Maha Rajah. before the council. In conversation betweeb
When C. O Deen spoke to you about the Comaul O Deen and me, other particulars may
ral questions to establish my belief, so far as to
ing up of the arzee? or what did you say on Which Mr. Fowke was it, that bid bim not the occasion ?---l oply said, All circumstances make a disturbance ?...I did not ask which ; must be related. I believe I might say, If it he said Fowke Saub.
is true, as you have said, that Mr. Fowke told Did you ever advise Comaul how to act, you it would be better for you to make deciawhèn be went to Mr. Fowke's ?--- No, never. ration ; and, if not, you would be punished:
Did you, in your own name, or in any other, this is material to the complaint, and should be ever promise Comaul O Deen any thing, for meptioned. I believe I might have said so, be giving the evidence he has given ? or told him, cause I think, in like circumstances, I should that advantage would result to him from it?-.- do so now, No, never.
Did the arzee contain nothing more than the Did you ever desire him to write an arzee accusation, as related by Comaul O Deen? against Mr. Fowke ?---No, never.
The circumstances put in the arzee did not in Mr. llastings examined.
the least, I believe, vary from the accusation
in essential points; only io a different manner Do you know Comaul O Deen Cawn ?... of relating the same facts: they appeared to Yes, I do.
me the same. Did be make a complaint to you, in the Had you not connections with Maha Rajah month of December last ?---Yes; I will endea- Nundocomar ?--! certaiuly had ; that is to vour to relate what passeil : Comaul O Veen, say, I employed bim on many occasions ; 1 in the month of December, complained that patronized and countenanced him, it is wel Mr. Fowke bad attempted, by promise and known. I never had an opinion of bis virtue threats, to extort from him a declaration, that or integrity, I believe he knew I had oot. I he had given bribes to English gentlemen, and beg leave to add, that when I employed him as
an instrument of government, I might have Jürged him, by the arguments which I thought other motives thao iny reliance on the man's most likely to bave weight with bim, to declare Integrity ; motives which did not depend upon the truth that passed between bim and Mr. me. I might have other motives---I hade! Fowke. He was strictly consistent when he told considered it as a point of daty, which I could the story, repeated always the same facts, not dispense with; I have, till lately, concealed varied only in the manner of telling them, and the motives, because I thought it my duty ; introducing immaterial circumstances; he did but I think it necessary, for my own character, not vary in the sense: he did not repeat the to declare, that I had the orders of my supe same words, or make the same arrangements; riors to employ this man. He never was, in the material facts were the same. any period of my life, in my friendship or con- In what language did you examine him ?fidence; never.
In the Hindostanny. Did not you say, that you would be revenged Did you ever examine any other of the witon him, and would roin him ?..- I never njen- nesses ?—No, never. tioned revenge, or that I would ruin him. I Did you ever see Comaul O Deen's moonam clear I did not mention these words, be shy?--I never saw him but at the chief juscause it is not in my disposition.
tice's. Comauf 0 Deen always persisted in Did you never tell Rajab Nundocomar, that the same story of the furd; it was on that you would withdraw your countenance and point chiefly that I examined bim, because it protection, and would not be his friend ?---My was less capable of evidence, and I wished to friendship he never bad. I certainly did use be convinced, as far as I could be, from the expressions which implied, that he was neither man's manner of relating it. I was thoroughly to expect my protection or, countenance ; and satisfied in my own mind, when I commenced dismissed him my house.
the prosecution, that the story was true: and Did you ever say, that you would conduct I have had no reason since to alter my opinion. yourself to him as he deserved ?--I never made Was Nundocomar nerer in your private use of the expression.
friendship or confidence ?-— There was never a Did you, directly or indirectly, countenance period in wbich he was io my private frieudship or forward the prosecution against Malia Rajah or confidence: I may except the small time, Nundocomar?--. I never did; I have been on till I had acquired an opinion of his conduct. my guard; I have carefully avoided every There are some iu this settlement that kuow circumstance which might appear to be an in- on what terms we were before I went to terference in that prosecution.
England. When did you first bear of Comaul O Deen's
bave employed bim, had you not complaiving against Mr. Fowke ? --- That had the orders of your superiors for so doing ? morning 1 examined into it. He came with - I believe I should; but I never should have his complaint, and broke in upon me very ah- shewn him that degree of countenance, or conruptly. 'He told me his story, and I put many tinued it. I might have employed him for a questions during the relation ; and afterwards particular purpose. I was directed to employ I doubted it. When he first related it, I asked him in a particular service, and to make it biin questions, to clear up those doabts. I bid his interest to exert himself. I never bad him be cautious in what he related. I observ- orders to give him particular countenance and ed, he seemed much agitated with passion, or protection. bad much the appearance of it. And I advised At what time did you employ him particu. him seriously and repeatedly to weigh what he larly ?- It was about the removal of Mahomed was about, before he persisted in an accusa- Reza Cawo, and the making new arrangetion, which might be dictated by prejudice, in ments.
His interest and inclination were conterest, or present passion. He persisted in his trary to Mabomed Reza Cawn's, and be wasstory, affirmed the same facts, with much ve. thought fittest to destroy the influence of Mabemence, in such manner as to induce me to homed Reza Cawn, till the new arrangements give a degree of credit to it; but, as I was a should be confirmed. party, I told him, I could not redress it: that
Mr. George Vansittart examined. was the reason I assigned, and directed him to make his application either to the chief justice Were you at the governor general's when' or to one of the judges of the supreme court. Comaul Ó Deen made bis complaint ?-I was. He said he would go to the chief justice, and Relate what you recollect of it.--Mr. Hastdesired I would procure him an introduction. ings was in the south-east room of his house ; 1 sent a chubdar with him, to prevent any de. Comaul O Deeo was there, and others, when I tention or prevention he might have met with weptio : Mr. Hastings told me that Comaul O from the cbief justice's servants. I also wrote Deeu had been complaining of him, that Mr. a note to him, which I sent by one of my own Fowke had threatened him with punishment, if servants.
he did not deliver an account of barramuts; When was it that you interrogated C. O that he bad been relating every thing very cir. Deen respecting his complaint ?- Between the cumstantially by word of mouth; but had examination at the chief justice's house and the given in a petition, very short, and of no kind Monday, when we determined to prosecute. I of consequence. He desired me to explain to questioned bim two days successively, and Comaul o Deen, that if what be had related
verbally was true, and he meant to complain,
Cross-Examination. he should be as circumstantial in bis petition as How long bave you known C. O Deep ?-I he had been in his verbal relation; and parti- bad an acquaintance with him about 12 years cularly, that he should mention the circum- ago, and not after till 1779. stance of Mr. Fowke having threatened him
How came you acquainted with him ?-I with punishment, if he did not give in the bar- know him as being member, and he a farmer. ramut paper, or account of bribes: it was on Do you know of any complaints being pre. the subject of tecka collaries. The governor ferred against bim ?..I do not. then turned to Comaul O Deen, and bimself
Had you ever any particular conversation told him to the purport be had been desiring me to with bim at your house ?---I think be has tell. Comaulo Deen said, He would go home, called on me ; but wbether I had any particu. and write such a petition: the governor said, Iar conversation I do not recollect. It was uonecessary be should go home, that
Did you never turn him out of the room, as he might dictate it to his Movnshy; he would a mani not worthy to be credited ?--- No, never. order bis Moonshy to write what Comaul O Deen What is your opinion of him ?... I perer bad dictated. He tben left the room. I repeated reason to put confidence in his credibility, or to over again to Comaul O Deen, in Persian, to doubt it. I thought him a creditable man, and the same purport as the governor had been never heard any thing amiss of him. telling bim in the Hindostan language. I par- Do you remember auy instance of a conticularly asked him if the circumstance of Mr. plaint of his which was found to be grouodless? Fowke's threatening him with punishment was —No; thougb I have frequently beard of actrue, and particularly charged bim, that he cusations against him in the farming business; must write nothing but what was strictly true. the only one I can recollect made by bim, was He said that circumstance was true; pro- against an English gentleman ; and that I bemised he would not write any thing but what lieve to be true. was so; be theu went with the Moonshy, I be- Did you believe Comaul's accusation to be Jieve into the south veranda, and I returned true ?--I did; else I should not have joined my bome: I believe I did stay till it was wrote. name in the prosecution.
Did C. O Deen ever give you any reason to Was it not your doubt of his credit that think bis complaint not true ?...Never; his as- made you tell him to write only what was true? sertions have always been that it was true. --No; from the nature of his story ; and not
Where were you on the 20th of April ?-At from thinking his credit doubtful. the chief justice's.
How long bave you koown Mr. Fowke?Did you ever hear Mr. Fowke say, that he i have known bim 16 years. used threats to make C. O Deen sign the pa- What is your opinion of his character ?-I per ?--No; he said be lified up a volume of have ever looked on Mr. Fowke as strictly Churchill's Voyages: I think the reasou he honest, and of strict bonour, according 10 bis gave for it was, that C. O Deen went into his own principles; but I believe the violence of room when he was lying on the bed, and was his temper may in some points lead him out of troublesome to him. I believe it was to get the road of honour without he himself being back his arzee. I cannot say that certainly. sensible of it. Procuring accusations I thiok
Do you remember any thing else that passed one of those instances thai may lead him out of at the chief justice's ?--I remember Mr. the road of bonour. I should be embarrassed Fowke speaking to Mr. Barwell, with great to put any other case, but accusations against vehemence, “ Can you say upon your ho the governor general and those immediately nour and your oath, that you did not receive connected with him. the 45,000 rupees ?” Mr. Barwell replied, Is Mr. Fowke in the Company's service?upon his honour and his oath, he did not.--- No, he is not; I believe he is employed by geam generally called Hoshia Jung by the black neral Clavering; he is in office. people, it is a title I have.
Did you, or did you not, receive the 12,000 Did Moonshy Sudder 0 Deen ever call at rupees, on account of the tecka collaries, as your house? --- Yes.
mentioned in the furd ?- never received that When was it ?--- On tbe Tuesday or Wednes. suin, or any other on that account. day before the Thursday of the examination. What time of the day !--- I believe about
Moonshy Seerat Alli Cawn examined. seven or eight o'clock in the evening. He ac. Whose servant are you?--I am in the ser. quainted me that C. O Deen hail called on vice of the Company ; but remain about the him, and told bim that Mr. Fowke had used governor. him ill that morning; that he bad obliged him Did you ever write an arzee for Comaul 0 agaivst his will, to write an account against Deen by the governor's order ?-- Yes, I did. Mr. Barwell and me, of bribes pretended to
Relate the circumstances. ---As I go every have been received by us; that he was deter- day 10 pay salam to the goveroor, that day, as mined, however, to get back what be bad I was standing in the outward room, I was written, or would complain to the governor. called, and went in. The governor was sitting
Did he mention potbing of the governor's at his writing.table, and Comaul o Depo was name!---I do not recollect that he did---I am at a sinall distance from hiin. Another person, not sure,
Cantoo Baboo's deputy, was there, and ebe
governor's aurizbeggy. The governor called Hail you ever any dispute with Comaul O me to him ; tben he took the arzee, and gave Deen?— There was something of a dispute beit me to copy it fair; and went out with Comaul tween me and him, about 26,000 rupees. O Deen, at soine distance from bim. When I Mr. 'Alexander Elliot examined. began to write, Comaui O Deep said to me, Do
you remember what passed at the Chief Write what I dictate. He then, looking on the Justice's, respecting a book which Mr. Fowke other arzee, began to dictate, and I to write: lified up tu Comaul O Deen?-Mr. Fowke acwhen I bad wrote it, Comaul O Deen read it knowledged, that he had lifted a volume of over; towards the latter end there appeared Churchili's Voyages against Comaul O Deen, something confused; he put it right, in order I do not remember why, on the morning of the to present to the governor.' When I had wrote day be came for the arzee. He said, Comaut it fair, I gave it to the governor. Comaul 010 Deen was teazing him; and I think said, Deen followed me. The governor began to seized on his legs; I am not sure; in conseread; and I explained it in places he did not quence of wbich he lifted up a volume of understand. When the arzee was read, the Churchill's Voyages; it was something about governor Jooked at Comaul O Deen, and said, the arzee. You say one thing, and write another. Co. Do you remember any thing that passeil bemaul O Deen answered, I have written what Itween Mr. Barwell and Mr. Fowke at the before said. The arzee remained with the go- Chief Justice's ?-Mr. Barwell spoke to Mr. vernor; I and Comaul went away.
Fowke with some warmth about his conduct Gunga Govin Sing examined.
in this affair ; and Mr. Fowke, appearing to be
angry, asked bim if he could give his honour Did you give directions to Comaul O Deen, and oath that he had not received the 45,000 to complain against Mr. Fowke?-I did not. rupees. Mr. Barwell said, he would give his
Did Comaul O Deen ever shew you an honour and oath he had not. Mr. Fówke arzee, complaining of Mr. Fowke? I saw an then said, He must acquit bim; that is the arzee in his bands, at the governor's house; I way I generally wipe off accusations against do not know whether he put it into my hands; myself. I did not read it.
Verdict on this Prosecution, Not Guilty.
553. The Trial* of Joseph FowKE, Maha Rajah NUNDOCOMAR, and
Roy Rada Churn, for a Conspiracy against Richard Barwell, esq. one of the Members of the Supreme Council for the Province of Bengal. At Calcutta or Fort William, in Bengal aforesaid: 15 George III. A. D. 1775. [Subjoined to the
preceding Report.] “ Town of Cal-) THE jurors for our loril year of the reign of our sovereign lord George cutta and Factory (the king, upon their oath, the 3d, by the grace of God, of Great Britain,
presept That Joseph | France, and Ireland, king, defender of the in Bengal, to wit,
faith, and so forth, at the town of Calcutta, and tleman, Maba Rajah Nuu- factory of Fort William, fraudulently and undocomar Behader late of Calcutta inbabitant, lawfully conspire, combine, and agree among and Roy Rada Churn of the same place inha- themselves, falsely to charge and accuse the bitant, all of whom are subject to the jurisdic. said Richard Barwell, for that he had cortion of the Supreme Court of Judicature at Fort ruptly and collusively received several suns of William in Bengal, being persons of evil name money from one Conaut al Deen Allee Cawn, aud fame, and desbonest reputation, wickedly in the nature of bribes, or for services rendered devising, and unjustly intending, to deprive by him to the said Comaui al Deen Allee Cawal, Richard Barwell esquire, one of the members by virtue of his office, and the authority of his of the council for the province of Bengal, of bis siation in this province, and hy that in ans to good name, credit, and reputation, and to re- represent the said Richard Barwell as gülty of present him as an unjust and dishonest person, wiltul bribery and corruption in bis office and and unfit to be trusted with the high office and duty: and the jurors aforesaid, upon their oath authority which he holds in the said province aforesaid, present, That, according to of Bengal, and thereby to bring him into the the said conspiracy, combination, anil Conspiracy. ill opinion, batred, and contempt, of all his Ma- agreement, ibe said Joseph Fowke, Maha Rajesty's subjects, both in India and Great Bri- jah Nundocomar Bahader, and Roy Rada tain, did, on the 19th day of April, in the 15th Churn, did at several times, make use of per
suasions, promises, and threats, to prevail on * See the two Cases immediately preceding the said Comaul al Deen. Allee Cawn to accuse VOL, XX,