Page images

[The Judges bere put a stop to any further never heard my father make use of those words

to any black man. questions of the above nature.]

Why should a seal be put to the small arzee, Was Maba Rajah Nundocomar at your fa- which the goveroor did not send in to the couns ther's bouse, the day after the 19th ?.--He cil?--I never understood that to be a copy of was; and Roy Rada Cburn in the morning. the small arzee; I understood it was the ori

Was there any particular conversation be- ginal; I thought it was not to authenticate it tween your father, Maba Rajab, Rada Churn, as an arzee, but an acknowledgment of that and yourself, that morning !--- I do not recol- part likewise. lect any particular conversation.

Had Comaul O Deen attested it before he Did you see Comaul O Deen there that came with bis jammah torn ?.--He had. morning ?--- Yes; I asked him, if he had How long was the interval between his gobrought his Moonshy? He said, he had, or ing out the second time, and coming in with that he was coming: he also asked me, it my his jammah torn ?--- I believe a very short time. father was calm that morning ; and I said, he

Mr. F. Fowke recollecting himself, says, was. Did Comaul O Deen see your father ?.--I had twice before that tiine repeated the whole

I now clearly recollect, that Comaul o Deen think he did not in my presence, Did you hear any noise ?... I think I heard contents of that arzee before me and my fatber;

and he repeatedly said, they were true; and a noise, as though in the street.

What did you distinguish ? :-) did not hear that he was ready to take his oath : be insistany words; I heard a person calling out.

ed very strongly on his innocence respecting Was it Comaul O Deen's voice !--- I cannot it on the contents of the long one. I was

the arzee of the 13th of December, grounding say; it seemed at a distance.

Did Coinau! O Deen say any thing more to sitting in the ball; I saw him and Roy you, than ask if your father was cool ?--- Yes;

Rada Churn pass through it into my father's he likewise observed some circumstances that

room: soon after Raja Churu came out, awal lad irritated my father the morning before, gave me this arzee, on the 17th; there were and attributed bis having been in a passion with particulars of it I did not understand; I asked him to that irritation ; he mentioned the trans. them to me.

him concerning those parts, and he explained lations of the arzees, ove or both of wbich bad been lost on a sudden, and we hunted a long Mr. Elliot. Maha Rajah Nundocomar and while for them ; my father was angry at it; Roy Rada Churo had repeatedly requested of the other was, that a person called Douly me to introduce Rajah Nundocomar to the geChund had come into my father's bed-cham- neral; I refused, assigning as a reason, that ber, and was obstinate in not going out again; they were well acquainted with my connection he also had made my father angry; and Co- with Mr. Hastings; and that I would not inmaul O Deen marked this circumstance. troduce him without bis permission. One

How do you account for Comaul O Deen's morning Roy Rada Chura came to my house coming into the room as he did, with his jam- early, and told me, that he came by direction mah over his neck, and in a supplicating pos- of Mr. Hastings, to request that I would introture?---I never saw any one do it before or duce his father-in-law to the general: I ansince; I have beard it is a mark of supplica- swered bim, it was very possible; but I begged tion ; I cannot tell from whom I beard it; but ) leave to have Mr. Hastings's order from his I have that idea.

own mouth, before I would comply with his Do you mean to swear that he had not been request: I accompanied him to the governor's, before in your father's room ?--- do not pre- where I met Rajah Nandocomar in one of the tend to swear that he was never in the room outer rooins: Rajah Nundocomar accompanied when I was not present.

me into the room where Mr. Hastings was sitWas there not a possibility that such a trans- ting, but fell back when we came to the door, action might pass in your absence ---I an- and said, As Mr. Hastings is conversing with swered this in my last reply.

some English gentlemen, be wished I would You say that Comaul Ó Deen objected to ask him if I might not introduce bim to the gesome words in the large arzee !--- He did. neral. Every suspicion was by this time re

Did you ever understand the great arzee moved from me; and I went up in a hurry to was not bis production ?-.-No doubt entered Mr. Hastings, and asked bim, if I should inmy mind when he objected to the words : Itroduce Rajalı Nundocomar to the general : be considered it as bis production.

said, I might if I pleased : I went from thence When your father lifted up the book, was it with Rajah Nundocomar to the general's : in a very threatening posture !---No ; it was when I went into the general's, he was at not in a very threatening posture.

breakfast: I put Rajah Nundocomar into anoWas your father calm iben?---No; he was ther room, and went in to the general myself: irritated; he was angry:

when the general got up from breakfast, he reDid your father call Comaul O Deen any tired with me to a window, and asked me the names at that time ?---He might make use of character of the person I was to introduce: I some barsh words; but I do not think that he painted his character as I had always underdamned him for a son of a bitch, because I stood it to be; a man of deep intrigue, and


[ocr errors]

who would not stick at any thing to carry any would recollect, whether the occasion of this point he might have at heart: from thence we conversation), was not a letter received from the went and sat down with Rajab Nundocomar; king at Delbi.] and I had soon an opportunity of seeing that Mr. Elliot, however, still offered to translate Rajah Nundocomnar did not, though I had in such papers as might be sent to me. I accordtroduced bim, consider me as bis friend; for ingly did send them, I believe, all to him. Mr. Addison, who had in the interim entered About the middle of Japuary, I was assaulted into conversation with him, informed the gene | in my palanquin by a number of petitioners, ral, that he only wisbed to make bis salam who bad nearly overset it: they were the mothen, and would wait upon him on business lungies of the 24 pergunnahs. I ordered my another time: I understood what Maha Rajab palanquin to be set down, and took their petimeant very well; and what passed that day tion from them: I read it, in my way to the was nothing but general conversation. The council-house; and seeing in it what I thought next time I waiteil upon Mr. Hastiogs, I made some very gross abuse of power, and that ihe more particular enquiry respecting his wishes several petitions wbich I had before laid before of having Rajah Nundocomar introduced to the council, which had been presented in the the general; and I then found, that the story streets to me, had bad no effect in redressing of Rada Chura was a fiction ; and that I had their grievances, I resolved to inquire into this not been desired by the governor to introduce myself, as well as I could. I therefore told Rajah Nundocomar to the general.

my servant to go to the salt contractor's house, Did you ever introduce any other black man and tell him to be with me at my return to the general ?-I am not sure whether I in- from council. The manner in which ihe controduced Rajah Rajebullub to the general, by tractor explained himself to me, rendered it dedesire of the governor; 1 now recollect that cessary that I should have an interpreter. The the governor bad first.

man teazed me with evasions and contradicDid you consider this as an introduction tions; and having frequently told bim that from the governor general ?-I did not consider there was now a court of justice established in it as an introduction from the governor general, Calcutta, where such grievances would be rebut by his permission.

dressed, I thought he would do better to forMr. Elliot recollects, that it was not the same vish me with means of redressing them, by morning in which he saw Rajah Nundocomar procuring them their full weight and full play. at the governor's that be introduced bim to the I then sent for Mr. Fowke, who, I believe, begeneral.

fore that time, bad not been above three or four General Clarering sworn.

times in my house, nor had once dined with

me since my arrival. I referred the eomplaint A little time after my arrival, Mr. Elliot to him, as a person of whose honour and integcame to me, to propose himself to be my inter- rity I had the highest opinion ; more from gepreter. I acquainted him, That I understood peral report which his reputation bore in Eng. there was an interpreter on the establishment, land, than from any personal acquaintance with who was then with the army, and I had heard bim here. He was acquainted with the lana very good character of him, and therefore Iguage in which this complaint was to be exadid not chuse to make any disposition of it at mined, and, as I imagined, with the manners that time, but would wait till the interpreter re- and customs of the country. The contractor, turned to Calcutta. Mr. Elliot understood it tearing that Mr. Fowke's report to me would as explained by me, and was pleased to offer not be so favourable to bris cause as be wished, me his services, till such time as my interpreter went to complain to the governor general; arrived. From that time I am not conscious when, on the following day, I presented the that I received any Persian letter, or petition, petition to the council, I found the governor that I did not put into his bands. In the mean had been apprized of the reference made to time, divisions in the council bad broke out, Mr. Fowke; and reproached me warmly, for Mr. Elliot, I understood, had been admitted a taking up a business in which he was so immeprivate secretary to the governor. About a diately concerned. I, at first, did not endermonth after his tendering bis services, Mr. stand his allusion. He told ine, “ You must Elliot came to me, and acquainted me, that he know that captain Weller was connected witb understood, that the interpreter to the com- me.” I told him, that I had been intirely unwander in chief had been recommended by the informed of it, till Mr. Fowke had acquainted governor to the late commander; but, on iny me with it, upon the examination of ihe momaking some difficulty to accept an interpreter lungies. The governor, on that, said many that might bave been recommended by the go- | things against Mr. Fowke; and, as I saw - Do vervor to the late commander, Mr. Elliot occasiou why Mr. Fowke should bave concealopened himself further to me, and told me, ed that circumstance from me, I refused to in a very honourable manner, that I must be comply with his request of not trusting any sensible, from his close connection with the more petitions to Mr. Fowke. Some time governor general, how unpleasant a thing it after this, came the petition of Barnassy Ghose, would be to bim, to accept of such a trust from which I likewise referred to Mr. Fowke, after me.

having previously sent to Comaul. O Deep. [Mr. Elliot here wishes that the general This reference produced another complaint of the governor general against Mr. Fowke (the Are the proceedings in the ordinary course of arzee), requesting again that I would withdraw business laid before bim ?---No, I do not kuow my confidence from Mr. Fowke; or, at least, that they are. that I would not suffer him to examine peti- How could there be a charge of felony in a tions but in my presence. As this complaint civil court? or how could she governor general and the petitions which accompanied it were to know it, if there was ?---] do not know; but I stand upon our consultations, it was the opi- have reason to think the governor general did nion of the council, that Mr. Fowke should be know it. In the visits which Maba Rajah desired to come there himself, to explain bis made to me, I took for my interpreter the first whole conduct. 1 assured the council, that, if person who presented himself to me; but al, Mr. Fowke bad acted improperly in the execu- ways Mr. Roberts, if he was with me: bis tion of the trust which I had committed to bim, general conversation was, the declared hatred I would withdraw it. But the governor gene that the governor bad shewo bim. He said, ral not choosing that Mr. Fowke should come "His enemies were admitted to the governor: there to explain bis conduct, I bad no other I am told, Mobun Persaud; but I do not assert means left than to examine him myself, at his it as a fact.” My answer was, That no indoreturn. I desired him to write a letter to the cent man need fear oppression ; but would be council

, and to give them the same explanation protected by the English laws. I saw the which had satisfied me; and I think, but am Maha Rajah twice with Mr. Fowke: once by not positive, that I took his affidavit to the truth chance at Mr. Fowke's house, where I called of the contents of the letter : but, as I still in; and at another time, by his own appointthought that the assertioos made by Comaul Oment, at my own house: these times were Deen should not, for Mr. Fowke's bonour and without my interpreter. At Mr. Fowke's, as mine, stand—I desired Mr. Fowke to examine mach as I remember, he was giving an account his own servants, who had been present at the of bis long services, as minister of this counexamination, and to send their depositions in to try; and I remember it ended with a tale, the council. The persons themselves being exa- which I understand is in some of the Persian mined, I was of opinion that all the assurances of books; the porport of which was, " A number Comaul O Deen were entirely false and ground of people saying the same thing, though it be Jess. Mr. Roberts, my Persian interpreter, not true, is at least believed to be true." I came to me soou afier this; and, from that understood from this, he meant to recommend time to this day, I am not conscious that I ever bimself to me. I remember pow---it was a sent one petition to Mr. Fowke. All my Per- story about a kid beiug said to be a dog ; and sian papers | bave regularly sent to Mr. Ro- that so many people said the kid was a dog, berts, and the English to Mr. Elliot. Mr. that at last it was iaken for a dog. The other Elliot was, about the 20th of December, ap- conversation was in my own room; and, as pointed superintendant of the khalsa records, much as I recollect, to offer to give me a state with the intention of receiving all petitions of the country, of the manner in which the This was done with an intent to prevent my government of it would be best administered. employing Mr. Fowke, and I acquiesced io it: I believe I desired him to draw up bis thoughts there was no office to receive and examine pe. on paper, to get rid of the subject; and, in titions. Either Mr. Elliot or Mr. Roberts ever consequence of this, in about a week or ten since received all petitions sent to me. From days afterwards, be did bring me, I thiok, an the 16th of November, to the 20th of Decem- English translat paper.

I have never read ber, was the only time in which I sent petitions it to this day, nor do I know what I bare done to Mr. Fowke.

with it. Maha Rajah had heard that col. MonIn regard to Mabia Rajah Nupdocomar, whe- son, Mr. Fowke, and myself, had paid a visit ther I received my opinion of him from Mr. to Mahomed Reza Cawn; and believe he bad, Elliot, or from other people, it sufficeth to say, some how or other, discovered that Mahomed that I cousidered bim of an intriguing charac. Reza Cawn had given us such a paper of biş ter ; and never, upon any occasion that I know ideas of the government of this country. Maof, intrusted him with the smallest confidence. homed Reza Cawn's paper delivered into His having been accused of forgery was not council. On or about the joth of March, Maha known to me till late; I cannot say exactly, Rajah sent a letter to the council; in conse, but before the 18th of April

. As I understood, quence of which, the council gave directions to he constantly visited the governor general, 1 their attorney to consult the counsel, whether did imagine that, if there were any kind of an action might not lie against the governor grounds for it, the circumstances must be general ou account of the matter contained in known to him, as they had all been in the de. that letter. As to the visit, Maba Rajah was wanny court of Audaulet, which was imme- summoned about the 19th of April; and I uqdiately under his own inspection.

derstood, after having undergone a very long Is the dewanny court of Audaulet a court of and exact scrutiny of his conduct, there was criminal jurisdiction? --- It is not.

not found sufficient matter to hold to bail. Does the governor general sit in that court, Q. by the Court. Were you informed that or superiutend it?---[ do not know that he the judges declared there was not sufficient does.

matter to hold to bail ?---A. I was. [This answered by the counsel. It is not.) Chief Justice. You were much abused and imposed on. The chief justice declared that Ghose's complaint ?-I understand that conight, that he did not think there was sufficient maul O Deen bad let out portions of salt works matter to bold Mr. Francis Fowke to hail. of the tecka collaries to different people, and

Will you inform the Court who told you so ? | afterwards resumed them. -) think, Mr. Fowke told me.

On what grounds did the governor general Did Mr. Fowke tell you, that the judges de- found bis complaint against Mr. Fowke?-clared him innocent ? --- I do not remember That he exceeded bis duty and trust. that he did.

Why was not Mr. Fowke examined before Did not Mr. Fowke acquaint you that be the council ?---The majority of the council was ordered to attend the Monday following; acquiesced with the governor general, that Mr. and that the parties were then to Jeclare whe. Fowke should not be examined. ther they would prosecute or not ?.--I think he lo wbat manner did you employ bim?-did.

Ouly to receive petitions ihrough my bands. As a justice of the peace, would you, in a mis- Who gave you the information of what demeanor, bind over the person complained passed at the chief justice's ?..-Mr. Fowke, against, if the opposite parties would not under and from thence I drew the inference. take to prosecute ? --I most certainly would. You say, that if there had been sufficient To what purpose ? --- I would do it.

matter for a prosecution, and though the proDid not your aid de camp attend on the Mon- secutors did not desire it, you would have day to be bail, with your knowledge for some obliged them to find bail, or committed them of the parties ---He did.

that night?---would. Could you then think that the judges thought On what day did you pay the visit to Maba the parties innocent ?..I did, because ibe Rajah ?---The day after the examination. judges suffered them to go without bail that in what light did you consider the prosecupight.

tion against him?-... I understood it as a proseThat was by consent of the prosecutors. The cution to frustrate that ordered by the board. examination began early in the morning, and Are not you first in council, next to the golasted till late at night. Would it not have vernor general ?--I am. been severe, when the prosecutors did not desire In case of death, resignation, or removal, it, to oblige the persons accused to find bail that are you not to succeed him ? --- I am. pight?... I would have done it in a charge of What may your salary be, as second in so high a nature; though the prosecutor did council?–Ten thousand pounds per year. pot desire it, yet I thiok it should bave been Don't you think that the governor general done. I understood that there bad not been might be discharged, on complaints of peculasufficient matter to hold parties to bail, and tion from bence to the court of directors ?--consequently I was to understand it an unjust think he might. accusation; and a crime of so black a die, of Do the leiters from the council mention that accusing innocent people, and particularly such the prosecution is ordered to be carried on persons as the governor general and Mr. Bar- against the governor general ?--- I believe they well, that they would not have been suffered to do. go out without bail, bad there been any reason Is not this prosecution principally founded on to suppose them guilty. I had reason to con: the evidence of Nundocomar and Roy Rada sider this as an attack made on Nondocomar, Churn ? --- No. who had produced an accusation in council, Did you never authorize Mr. Fowke to offer and to prevent his appearing as an evidence to the Kallaut of the Khalsa, or of Purnea, to maintain his charge. It was on that ground, any body ? ---No, never. considering him as an innocent man, aud the Has not some of Maha Rajah's family been victim of state policy, I went to see him: I appointed to the first office under government, would have done the same thing to any other since the commencement of the prosecution ? man in the settlement. Mr. Fowke certainly -I cannot tell that any places bave been given did acquaint me, that he was to appear before to Maba Rajah's family. you on Monday ; but I did still imagine there Were pot every means taken to afford Nunwas no ground to suppose bim guilty. I con- docomar influence ? --- I never did ; and should ceived, that if you judged there was sufficient have been sorry to join in any act to give Nuomatter for a prosecution, you would bave taken docomar any influence whatsoever. bail, without the consent of the parties; and I Don't you know that any one of Nundococonceived an idea that the prosecution was mar's family is provided for ? --- I do not know done to frustrate the enquiry in council. Mr. Maha Rajah's family or friends; I do not Fowke came to me in the month of April, and know that any one has had preferment: Rajah told me Comaul O Deen [Stopped.] Goordasses; I do not know it; I have been

told so. Cross-Examinution.

Mr. Roberts examined. Did you give Mr. Fowke any particular in- What do you think was the general's opinion structions ?.--I gave bim instructions to enquire of Nundocomar?... I have always heard geinto the grourds of Barpassy Ghose's com- neral Clavering say, that he thought Maba plaint, and report them to me.

Rajab Nundocomar to be a very busy, trou.. Do you remember the substance of Barnassy blesome man,

Do you recollect the subject matter of what Defendant's Counsel answers, Yes. passed at the visit paid to Maha Rajab ?---I do Are they in Calcutta ?-.-Yes. not recollect any conversation but such as might pass in a visit of compliment.

The Verdict on this Prosecution was as fol. Q. by Mr. Just. Lemaistre. Where are the lows : four writers that were at Mr. Fowke's that Joseph Fowke, Guilty. morning ? Where is Accoor Munnah, Mr. NUNDOCOMAR, Guilty. Fowke's moonshy ? Are they alive?

Rada Churn, Not Guilty.



559. The Trials* on the Informations which in pursuance of an

Order of the House of Commons, were filed by his Majesty's
Attorney General t against RICHARD SMITH and THOMAS
Brand Hollis, esqrs. for having been Guilty of notorious
Bribery, and thereby procuring themselves to be elected and
returned Burgesses to serve in Parliament for the Borough of
Hindon. Tried by a Special Jury on Tuesday the 12th of
March, at the Assize holden at Salisbury for the County of
Wilts: Before the Hon. Sir Beaumont Hotham, knt. one of
the Barons of his Majesty's Court of Exchequer: 16 GEORGE

III. A. D. 1776.
ON January 31, 1775, a committee of the before the House, the whole of the evidence
House of Commons was appointed under Mr. given before the said committee, with their opi-
Grenville's Act (see stat. 10 Geo. 3, c. 16, 14 biops thereupon ; and he read the report in his
Geo. 3, c. 15, and Parl. Hist. vol. 16, pp. 902, place, and afterwards delivered it in at the table,

seq. vol. 17, p. 1061,) to try the matter of a where the same was read; and the resolutions Petition of James Calthorpe and Richard Beck of the Committee are as followeth: ford, complaining of the return of Richard “ Resolved, That it appears to this commitSmith and Thomas Brand Hollis, as burgesses tee, that Richard Smith, esq. by his agents, to serve in parliament for the borough of Hin. has been guilty of' notorious bribery, in endeadon. On February 14, the chairman of the vouring to procure himself to be elected and Committee informed the House that peither of returned a burgess to serve in this present parthe persons returned or of the petitioners was liament for the borough of Hindon, in the duly elected to serve for the said borough, and county of Wilts.” he at the same time acquainted the House, " That in the course of the examination into

Tbe like resolution respecting Mr. Hollis. the merits of the petition of James Calthorpe, “ Resolved, That it appears to this commit. esq. and Richard Beckford, esq. it having ap- tee, that James Calthorpe, esq. by his agents, peared to the committee, that the most flagrant has been guilty of notorious bribery, in endeaand notorious acts of bribery and corruption vouring to procure himself to be elected and had been practised; and that a very considera- returned a burgess to serve in this present parble majority of the electors of the borough of liament for the said borough of Hiodon. Hindon bad been bribed and corrupted, in a “ Resolved, That it appears to this commit. very gross and extraordinary manner; abil tee, tbat Richard Beckford, esq. has, by bis that several others of the said électors had been agent, endeavoured by promise of money, to concerned as agents for that purpose; the com- procure bimself to elected, and returned a mittee, desirous that the House may adopt such burgess, to serve in this present parliament for measures as may discourage, and, if possible, the said borough of Hindon. put an end to a practice so subrersive of the • Resolved, That it appears to this comfreedom of elections, had directed bim to lay mittee, that the rev. Jobu Nairn, of Hindoo,

Fasham Nairn, esg. late of Bury-street, St. Taken in Short-hand by Joseph Gurney: James's, Francis Ward, of Sherbone-lane, LonNote, loto this Report I have incorporated don, Stevens, a butcher, at Salisbury, from the Election Cases of Mr. Douglas (lord commonly called Jobher Stevens, &c. (in all, Glenbervie) such particulars as I thought thirteen, specified by pame) have acted as would render it satisfactory.

agents, and bave been accessary to, and con+ Mr. Thurlow.

cerned in, the notorious acts of bribery and

« PreviousContinue »