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Are the proceedings in the ordinary course of business laid before him ?---No, I do not know that they are.

How could there be a charge of felony in a civil court? or how could the governor general know it, if there was ?---I do not know; but I have reason to think the governor general did know it. In the visits which Maba Rajah made to me, I took for my interpreter the first person who presented himself to me; but al

the governor general against Mr. Fowke (the) arzee), requesting again that I would withdraw my confidence from Mr. Fowke; or, at least, that I would not suffer him to examine petitions but in my presence. As this complaint and the petitions which accompanied it were to stand upon our consultations, it was the opinion of the council, that Mr. Fowke should be desired to come there himself, to explain his whole conduct. I assured the council, that, if Mr. Fowke had acted improperly in the execu-ways Mr. Roberts, if he was with me: his tion of the trust which I had committed to him, I would withdraw it. But the governor general not choosing that Mr. Fowke should come there to explain his conduct, I had no other means left than to examine him myself, at his return. I desired him to write a letter to the council, and to give them the same explanation which had satisfied me; and I think, but am not positive, that I took his affidavit to the truth of the contents of the letter: but, as I still thought that the assertions made by Comaul O Deen should not, for Mr. Fowke's honour and mine, stand-I desired Mr. Fowke to examine his own servants, who had been present at the examination, and to send their depositions in to the council. The persons themselves being examined, I was of opinion that all the assurances of Comaul O Deen were entirely false and groundless. Mr. Roberts, my Persian interpreter, came to me soon after this; and, from that time to this day, I am not conscious that I ever sent one petition to Mr. Fowke. All my Persian papers I have regularly sent to Mr. Roberts, and the English to Mr. Elliot. Mr. Elliot was, about the 20th of December, appointed superintendant of the khalsa records, with the intention of receiving all petitions. This was done with an intent to prevent my employing Mr. Fowke, and I acquiesced in it: there was no office to receive and examine pe. titions. Either Mr. Elliot or Mr. Roberts ever since received all petitions sent to me. From the 15th of November, to the 20th of December, was the only time in which I sent petitions to Mr. Fowke.

general conversation was, the declared hatred that the governor bad shewn him. He said, "His enemies were admitted to the governor: I am told, Mobun Persaud; but I do not assert it as a fact." My answer was, That no innocent man need fear oppression; but would be protected by the English laws. I saw the Maha Rajah twice with Mr. Fowke: once by chance at Mr. Fowke's house, where I called in; and at another time, by his own appointment, at my own house: these times were without my interpreter. At Mr. Fowke's, as much as I remember, he was giving an account of his long services, as minister of this coun try; and I remember it ended with a tale, which I understand is in some of the Persian books; the purport of which was, “A number of people saying the same thing, though it be not true, is at least believed to be true." I understood from this, he meant to recommend himself to me. I remember now---it was a story about a kid being said to be a dog; and that so many people said the kid was a dog, that at last it was taken for a dog. The other conversation was in my own room; and, as much as I recollect, to offer to give me a state of the country, of the manner in which the government of it would be best administered. I believe I desired him to draw up his thoughts on paper, to get rid of the subject; and, in consequence of this, in about a week or ten days afterwards, he did bring me, I think, an English translated paper. I have never read it to this day, nor do I know what I bave done with it. Maha Rajah had heard that col. MonIn regard to Maha Rajah Nundocomar, whe-son, Mr. Fowke, and myself, had paid a visit ther I received my opinion of him from Mr. Elliot, or from other people, it sufficeth to say, that I considered him of an intriguing character; and never, upon any occasion that I know of, intrusted him with the smallest confidence. His having been accused of forgery was not known to me till late; I cannot say exactly, but before the 18th of April. As I understood, he constantly visited the governor general, 1 did imagine that, if there were any kind of grounds for it, the circumstances must be known to him, as they had all been in the dewanny court of Audaulet, which was immediately under his own inspection.

Is the dewanny court of Audaulet a court of criminal jurisdiction?---It is not.

Does the governor general sit in that court, or superintend it?--I do not know that he does.

[This answered by the counsel. It is not.]

to Mahomed Reza Cawn; and believe he had, some how or other, discovered that Mahomed Reza Cawn had given us such a paper of his ideas of the government of this country. Mahomed Reza Cawn's paper I delivered into council. On or about the 10th of March, Maha Rajah sent a letter to the council; in consequence of which, the council gave directions to their attorney to consult the counsel, whether an action might not lie against the governor general ou account of the matter contained in that letter. As to the visit, Maba Rajah was summoned about the 19th of April; and I understood, after having undergone a very long and exact scrutiny of his conduct, there was not found sufficient matter to hold to bail.

Q. by the Court. Were you informed that the judges declared there was not sufficient matter to hold to bail ?--A. I was.

Chief Justice. You were much abused and

imposed on. The chief justice declared that night, that he did not think there was sufficient matter to hold Mr. Francis Fowke to bail. Will you inform the Court who told you so? -I think, Mr. Fowke told me.

Did Mr. Fowke tell you, that the judges declared him innocent ?---I do not remember that he did.

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Ghose's complaint?--I understand that Comaul O Deen had let out portions of salt works of the tecka collaries to different people, and afterwards resumed them.

On what grounds did the governor general found his complaint against Mr. Fowke?-That he exceeded his duty and trust.

Why was not Mr. Fowke examined before the council?---The majority of the council acquiesced with the governor general, that Mr.

Did not Mr. Fowke acquaint you that he was ordered to attend the Monday following; and that the parties were then to declare whe-Fowke should not be examined. ther they would prosecute or not?---I think he did.

As a justice of the peace, would you, in a misdemeanor, bind over the person complained against, if the opposite parties would not undertake to prosecute?--I most certainly would. To what purpose ?---I would do it.

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In what manner did you employ him?--Only to receive petitions through my hands. Who gave you the information of what passed at the chief justice's?---Mr. Fowke, and from thence I drew the inference.

You say, that if there had been sufficient 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 that night ?--I would. of the parties?---He did.

Could you then think that the judges thought the parties innocent?--I did, because the judges suffered them to go without bail that night.

That was by consent of the prosecutors. The examination began early in the morning, and lasted till late at night. Would it not have been severe, when the prosecutors did not desire it, to oblige the persons accused to find bail that night?..I would have done it in a charge of so high a nature; though the prosecutor did not desire it, yet I think it should have been done. I understood that there had not been sufficient matter to hold parties to bail, and consequently I was to understand it an unjust accusation; and a crime of so black a die, of accusing innocent people, and particularly such persons as the governor general and Mr. Barwell, that they would not have been suffered to go out without bail, had there been any reason to suppose them guilty. I had reason to con sider this as an attack made on Nundocomar, who had produced an accusation in council, and to prevent his appearing as an evidence to maintain his charge. It was on that ground, considering him as an innocent man, aud the victim of state policy, I went to see him: I would have done the same thing to any other man in the settlement. Mr. Fowke certainly did acquaint me, that he was to appear before you on Monday; but I did still imagine there was no ground to suppose him guilty. I conceived, that if you judged there was sufficient matter for a prosecution, you would have taken bail, without the consent of the parties; and 1 conceived an idea that the prosecution was done to frustrate the enquiry in council. Mr. Fowke came to me in the month of April, and told me Comaul O Deen-[Stopped.]

Cross-Examination.

Did you give Mr. Fowke any particular instructions?--I gave him instructions to enquire into the grounds of Barnassy Ghose's complaint, and report them to me."

Do you remember the substance of Barnassy

On what day did you pay the visit to Maha Rajah ?---The day after the examination.

In what light did you consider the prosecution against him?----I understood it as a prosecution to frustrate that ordered by the board.

Are not you first in council, next to the governor general?---1 am.

In case of death, resignation, or removal, are you not to succeed him?--- I am.

What may your salary be, as second in council?-Ten thousand pounds per year.

Don't you think that the governor general might be discharged, on complaints of peculation from hence to the court of directors ?---I think he might.

Do the letters from the council mention that the prosecution is ordered to be carried on against the governor general ?---I believe they do.

Is not this prosecution principally founded on the evidence of Nundocomar and Roy Rada Churn?---No.

Did you never authorize Mr. Fowke to offer the Kallaut of the Khalsa, or of Purnea, to any body ?---No, never.

Has not some of Maha Rajah's family been appointed to the first office under government, since the commencement of the prosecution? I cannot tell that any places have been given to Maha Rajah's family.

Were not every means taken to afford Nundocomar influence ?---I never did; and should have been sorry to join in any act to give Nundocomar any influence whatsoever.

Don't you know that any one of Nundocomar's family is provided for ?---I do not know Maha Rajah's family or friends; I do not know that any one has had preferment: Rajah Goordasses; I do not know it; I have been told so.

Mr. Roberts examined.

What do you think was the general's opinion of Nundocomar?---I have always heard general Clavering say, that he thought Maha Rajah Nundocomar to be a very busy, trou blesome man,

Do you recollect the subject-matter of what passed at the visit paid to Maha Rajah ?---I do not recollect any conversation but such as might pass in a visit of compliment.

Qby Mr. Just. Lemaistre. Where are the four writers that were at Mr. Fowke's that morning? Where is Accoor Munnah, Mr. Fowke's moonshy? Are they alive?

Defendant's Counsel answers, Yes.
Are they in Calcutta ?--Yes.

The Verdict on this Prosecution was as fol

lows:

JOSEPH FOWKE, Guilty.
NUNDOCOMAR, Guilty.
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† 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 House of Commons was appointed under Mr. Grenville's Act (see stat. 10 Geo. 3, c. 16, 14 Geo. 3, c. 15, and Parl. Hist. vol. 16, pp. 902, et seq. vol. 17, p. 1061,) to try the matter of a Petition of James Calthorpe and Richard Beckford, complaining of the return of Richard Smith and Thomas Brand Hollis, as burgesses to serve in parliament for the borough of Hin don. On February 14, the chairman of the Committee informed the House that neither of the persons returned or of the petitioners was duly elected to serve for the said borough, and he at the same time acquainted the House,

before the House, the whole of the evidence given before the said committee, with their opinions thereupon; and he read the report in his place, and afterwards delivered it in at the table, where the same was read; and the resolutions of the Committee are as followeth :

"Resolved, That it appears to this committee, that Richard Smith, esq. by his agents, has been guilty of notorious bribery, in endeavouring to procure himself to be elected and returned a burgess to serve in this present parliament for the borough of Hindon, in the county of Wilts."

The like resolution respecting Mr. Hollis.

liament for the said borough of Hindon.

"That in the course of the examination into the merits of the petition of James Calthorpe, "Resolved, That it appears to this commitesq. 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 Hindon had been bribed and corrupted, in a very gross and extraordinary manner; and that several others of the said electors had been concerned as agents for that purpose; the committee, desirous that the House may adopt such measures as may discourage, and, if possible, put an end to a practice so subversive of the freedom of elections, had directed him to lay

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"Resolved, That it appears to this committee, that Richard Beckford, esq. has, by his agent, endeavoured by promise of money, to procure himself to elected, and returned a burgess, to serve in this present parliament for the said borough of Hindon.

"Resolved, That it appears to this committee, that the rev. John Nairn, of Hindon, Fasham Nairn, esq. late of Bury-street, St. James's, Francis Ward, of Sherbone-lane, London, Stevens, a butcher, at Salisbury, commonly called Jobber Stevens, &c. (in all, thirteen, specified by name) have acted as agents, and have been accessary to, and concerned in, the notorious acts of bribery and

corruption, that have been practised at the last
election for the said borough of Hindon.
"Resolved, that it is the opinion of this
committee, that the House be moved, for leave
to bring in a Bill, to disfranchise the said
borough of Hindon, in the county of Wilts."

On the 8th of May following, the House ordered that the Attorney General should forth-ferently by those who at such proclamation with prosecute the said Richard Smith, Thomas Brand Hollis, James Calthorpe, and Richard Beckford, for their said offences.

In Trinity term 15 George 3, the Attorney General filed the following Information against general Smith.*

"Wiltshire,

day and place aforesaid in the said sheriff's then next county court to be holden after the receipt of that his said majesty's writ, two knights of the most fit and discreet of the said county, girt with swords, and of every city of his said county two citizens, and of every borough in the same county two burgesses, of the most sufficient and discreet, freely and indifshould be present, according to the form of the statute in that case made and provided, the said then sheriff should cause to be elected, and the names of those knights, citizens, and burgesses, so to be elected, whether they should be present or absent, the said then sheriff should cause to be inserted in certain indentures to be thereupon made, between the said then sheriff and those who should be present at such election, and them at the day and place aforesaid the said then sheriff should cause to come in such manner that the said knights for them

"Be it remembered, That Edward Thurlow, esquire, Attorney General of our present sovereign lord the king, who for our said lord the king in this behalf prosecuteth, in his proper person, cometh here into the court of our said ford the king, before the king himself, at West-selves and the commonalty of the same county, minster, on Friday next after the morrow of the and the said citizens and burgesses for themHoly Trinity, in this same term, and for our selves and the commonalty of the said cities said lord the king, gives the court here to un- and boroughs respectively, might have from derstand and be informed, that the borough of them full and sufficient power to do and conHindon in the county of Wilts is an ancient sent to those things which then and there by borough, and for a long space of time two bur- the common council of his said majesty's kinggesses of the said borough have been elected dom, by the blessing of God, should happen to and sent, and have used and been accustomed be ordained upon the aforesaid affairs, so that and of right ought to be elected and sent, to for want of such power, or through an improserve as burgesses for the said borough in the vident election of the said knights, citizens, or parliament of this kingdom (to wit) at the bo- burgesses, the aforesaid affairs might in no wise rough of Hindon aforesaid, in the said county remain unfinished; willing nevertheless, that of Wilts and the said Attorney General of our neither the said then sheriff, nor any other said lord the king, for our said lord the king, sheriff of this his majesty's said kingdom, giveth the court here to understand and be in- should be in any wise elected; and the election formed, that on the first day of October, in the in the said then sheriff's full county so made 14th year of the reign of our present sovereign distinctly and openly under the said then shelord George the 3d, by the grace of God, of riff's seal, and the seals of those who should be Great Britain, France, and Ireland, king, de- present at such election, the said then sheriff fender of the faith, &c. a certain writ of our should certify to his majesty in his Chancery, said lord the king, under the great seal of Great at the day and place without delay, remitting Britain, issued out of his majesty's court of to his majesty one part of the aforesaid indenChancery (the said court then and still being at tures annexed to the said writ, together with Westminster in the county of Middlesex) di- the said writ; and the said Attorney General of rected to the sheriff of the county of Wilts; by our said lord the king, for our said lord the king, which said writ, our said lord the king, recit-gives the court here further to understand and ing, that whereas by the advice and assent of his majesty's council, for certain arduous and urgent affairs concerning his said majesty, the state and defence of his kingdom of Great Britain and the church, his majesty ordered a certain parliament to be holden at the city of Westminster, on the 29th day of November then next ensuing, and there to treat and have conference with the prelates, great men, and peers of his realm; his majesty by his said writ did command and strictly enjoin the said sheriff, that proclamation being made of the

*He was a general officer in the East Indies. During several years he was a member of the House of Commons, and a frequent speaker there. He was particularly active upon matters relating to the East Indies, as to which, see the New Parl. History.

*

be informed, that the said writ afterwards, and before the return thereof (to wit) on the said 1st day of October in the 14th year aforesaid, was delivered to Thomas Estcourt, esq. then and continually from thenceforth until and at and after the return of the said writ being sheriff of the said county of Wilts, to be executed in due form of law (to wit) at the borough of Hindon aforesaid: and the said Attorney General of our said lord the king, for our said lord the king, gives the court here further to understand and be informed, that by virtue of the said writ, the said Thomas Estcourt, so being sheriff as aforesaid, afterwards, and before the return of the said writ, (that is to say) on the said 1st day of October, in the 14th year aforesaid, and in the year of our Lord 1774, at the borough of Hindon aforesaid, in the said county of Wilts, made his precept in writing,

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sealed with the seal of his office of sheriff of the Edwards, William Stepheus, John Maishment, said county of Wilts, directed to the then bailiff | John Larkbam, Renalder Bowles, Jos. Cholsey of the borough of Hindon in the said county of the younger, John Davis the elder, Richard Wilts, of and for the election within the said Erwood, William Cheverall, Samuel Dorr, borough, of two burgesses of the borough afore- Thomas Harden, James Edwards, Jos. Cholsaid, according to the form and effect of the sey the elder, Thomas Spencer, James Smart, said writ: and the said Attorney General of John Randall, Edward Ranger, John Dewy, our said lord the king, for our said lord the Luke Beckett, Philip Beckett, Henry Dukes, king, gives the court here further to under- Edward Beckett, Isaac Moody, William Hackstand and be informed, that by virtue of the er, John Bishop, Edward Hollowday, George said precept afterwards, and before the return Spender the younger, John Cheverall, John thereof (to wit) on the 10th day of October, in Dukes the elder, John Dukes the younger, the 14th year aforesaid, at the borough of Robert Wyer, Moses Weeks, George Dukes, Hindon aforesaid, in the said county of Wilts, George Hayward, Edward Trewlock, Matthew the election of two burgesses to serve as bur- Davis, Philip Beckett the younger, Henry Jergesses for the said borough, in the then next ret, John Davis the younger, William Day, parliament to be holden as aforesaid, was had Samuel Collier, Walter Percy, Edward Sherand made; which said election was the first gold, Benjamin Beckett, Edward White, John and next election of burgesses to serve as bur- Hooper the elder, Samuel Farthing, John gesses for the said borough, in the parliament Hooper the younger, William Newton the elder, of this kingdom, after the committing of the William Newton the younger, James Percy, several offences hereinafter firstly, secondly, Henry Huffe the elder, Henry Huffe the thirdly, and fourthly mentioned: and the said younger, Benjamin Cholsey the younger, John Attorney General of our said lord the king, for Bell, George Spender the elder, James Anderson the younger, William Lambe, Jos. Lambe, our said lord the king, gives the court here further to understand and be informed, that before Edward White, Robert Wyer, Matthew White the issuing of the said writ, a general election the younger, Matthew Stevens, William White, of representatives to serve in parliament for the Richard. Ingram, Francis Ranger, William several counties, cities, and boroughs in this Percy, Elias Pitman, William Cuff the elder, Mathew White the elder, Willian Stevens, kingdom, being expected, James Calthorpe, esquire, Richard Beckford, esquire, Richard George Stevens, John Stevens the elder, James Smith, esquire, and Thomas Brand Hollis, esq. Stevens, John Stevens the younger, John were candidates, that of them two might be Wyer, Benjamin Cholsey the elder, William chosen and returned to serve as burgesses for Ranger, Francis Cheverall, Charles Wyer, the said borough, in the then next parliament James Wyer, John White, Willian Wyer, for this kingdom; and the said James Cal- James Anderson the elder, John Beckett, Thomas Wyer, Luke Beckett the elder, Roger thorpe, Richard Beckford, Richard Smith, and Thomas Brand Hollis, remained and continued Spender, Robert Day, William Cuff the youngcandidates for the purpose aforesaid, until and er, Elias Steevens, James Steevens, William at the time of the said election, to wit, at the Gilham, Henry Savage, Jarvis Gilbert, Thomas Percy, John Ranger, Edward Percy, Wilborough of Hindon aforesaid, in the said county of Wilts: and the said Attorney General of our liam Percy the younger, Robert Gilbert, Wilsaid lord the king, for our said lord the king,liam Dukes, Thomas Dukes, Roger Norton, gives the court here further to understand and be informed, that the said Richard Smith late of the said borough of Hindon, in the said county of Wilts, esquire, well knowing the premises, but being a person of a depraved, corrupt, and wicked mind and disposition, and unlawfully and wickedly intending, as much as in him the said Richard Smith lay, to interrupt and prevent the free and indifferent election of burgesses to serve for the same borough of Hindon, in the then next parliament of this kingdom, and by illegal and corrupt means to procure himself to be elected a burgess to serve for the said borough in the then next parliament of this kingdom, before the said election, to wit, on the 15th day of February, in the 13th year of the reign of our sovereign lord George the 3d, now king of Great Britain, &c. at the borough of Hiudon aforesaid, in the said county of Wilts, unlawfully, wickedly, and corruptly did solicit, urge, and endeavour to procure Thomas Moore, Charles Simpson, John Baldwyn, Jeremiah Lucas, Robert Tyley, Thomas Farrell, Jos. Norton, Jos. Caff, John

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Joseph Moody, James Gilbert, John Gane, Luke Mead, Nathaniel Philips, Joseph Norton, Samuel Norton, John Ransome, Thomas Brooks, Samnel Philips, Joseph Scamell, William Sandall the elder, Luke Maishment the younger, Luke Maishment the elder, John Maishment, William Sandall the younger, James Burleigh, William Harden, Samuel Field, John Bowies, Robert Ranger, Thomas Lanham, John Richardson, William Spender, Henry Obourne, John Penny, Richard Pitman, William Nisbeck, James Davies, Joseph Gilbert, James Gough, James Wier, John Gilbert, and John Stevens, respectively, each and every of them, then and there, and until and at the time of the said election, having a right to vote at and in the election of burgesses, to serve as burgesses for the same borough in the parlia ment of this kingdom, for him the said Richard Smith, and the more effectually to tempt, corrupt, and procure the said several persons who had a right to vote as aforesaid, to give their respective votes for him the said Richard Smith in the said election, he the said Richard Smith

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