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tent to defraud Gungabissen and Pudmohun Doss, the executors of the said Bollakey Doss, of the sum of 48,021 sicca rupees of principal, and of four aunas on each rupee of profit or premium on the said principal sum, against the peace of our said lord the king, his crown and dignity.

And the jurors for our lord the king, upon their oath aforesaid, do further present, that the said Maha Rajah Nundocomar, Bahader, afterwards, to wit, on the said 15th day of January, and year last abovesaid, at Calcutta aforesaid, a certain false, forged, and counterfeited writing obligatory, in the Persian language, feloniously did utter and publish as a true writing obligatory; which said writing obligatory is in the words, characters, and figures following, [Persian bond again recited] with an intent to defraud Gungabissen, and Pudmohun Doss, the said executors of the said Bollakey Doss, of the said sum of 48,021 sicca rupees of principal, and of four annas on each rupee, as profit or premium on the said principal sum; the said Maha Rajah Nundocomar, Bahader, at the time of publishing the said false, forged, and counterfeited writing obligatory, by him as aforesaid, then and there, well knowing the said obligatory writing to have been false, forged, and counterfeited, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity.

"And the jurors for our lord the king, upon their oath aforesaid, do further present, that Maha Rajab Nundocomar, Bahader, late of the town of Calcutta, being a person subject to the Supreme Court of Judicature at Fort William in Bengal, on the 15th day of January, in the year abovesaid, with force and arms, at Calcutta aforesaid, feloniously did falsely make, forge and counterfeit, and did cause and procure to be falsely made, forged, and counterfeited, a certain writing obligatory in the Persian language; the tenor of which certain writing obligatory is as follows, [Persian bond again recited] with an intent to defraud Gungabissen and Hengoo Laul, the two nephews and trustees named in the last will and testament of Bollakey Doss, deceased, of the sum of 48,021 sicca rupees of principal, and of four annas ou each rupee of profit or premium on the said principal sum, against the form of the statute in that case made and provided, and against the said peace of our said lord the king, his crown and dignity.

"And the jurors for our lord the king, upon their oath aforesaid, do further present, that Maha Rajah Nundocomar, Babader, late of the town of Calcutta, being a person subject to the Supreme Court of Judicature, at Fort William in Bengal, on the 15th day of January, in the year abovesaid, at Calcutta aforesaid, a certain false, forged, and counterfeited writing obliga. tory, in the Persian language, feloniously did utter and publish as a true writing obligatory; the tenor of which writing obligatory is as folPersian bond again recited] with an in

tent to defraud Gungabissen and Hengoo Laul, the two nephews and trustees named in the last will and testament of Bollakey Doss, deceased, of the sum of 48,021 sicca rupees of principal, and of four annas on each rupee of profit or premium on the said principal sum; the said Maha Rajah Nundocomar, Bahader, at the time of publishing the said false, forged, and counterfeited writing obligatory, by hita as aforesaid, then and there, well knowing the said writing obligatory to have been false, forged, and counterfeited, against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity.

"And the jurors for our lord the king, upon their oath aforesaid, do further present, that on the 15th day of January, in the year last abovesaid, Maha Rajah Nundocomar, Bahader, late inhabitant of the town of Calcutta, and a person subject to the jurisdiction of the Supreme Court of Judicature at Fort William, in Bengal, with force and arms, at the town of Calcutta aforesaid, feloniously did falsely make, forge, and counterfeit, aud did cause and procure to be falsely made, forged and counterfeited, a certain writing obligatory, in the Persian language; the tenor of which writing obligatory is as follows, [Persian bond again recited] with an intent to defraud Gungabissen, the surviving executor of Bollakey Doss, deceased, of the sum of 48,021 sicca rupees, of principal, and of four annas on each rupee, of profit or premium on the said principal sum, against the form of the statute in such case made and provided, and aginst the peace of our said lord the king, his crown and dignity.

"And the jurors for our lord the king, upon their oath aforesaid, do further present, that the said Maha Rajah Nundocomar, Babader, afterwards, to wit, on the 15th day of January in the year last abovesaid, at Calcutta aforesaid, a certain false, forged, and counterfeited writing obligatory, in the Persian language, feloniously did utter and publish as a true writing obligatory; which said writing obligatory is in the words, characters, and figures following, [Persian bond again recited] with an intent to defraud Gungabissen, the surviving executor of Bollakey Doss, deceased, of the said sum of 48,021 sicca rupees of principal, and of four annas on each rupee, as profit or premium on the said principal sum; the said Maha Rajah Nundocomar, Bahader, at the time of publishing the said false, forged, and counterfeited writing obligatory, by him as aforesaid, then and there, well knowing the said obligatory writing to have been false, forged, and counterfeited, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity." (Signed)

June 7, 1775.

(Signed)

JA. PRITCHARD, Clerk of the Crown.

W. M. BECKWITH,
Clerk of the Indictment.

TRANSLATE of the PERSIAN BOND, recited in the Indictment.*

"I who am Bollakey Doss.

"As a pearl necklace, a twisted kulghah, a twisted serpache, and four rings, two of which were of rubies and two of diamonds, were deposited by Rogonaut Roy Geoo, on account of

* In the former Edition is given the following insufficient

GLOSSARY.

Adawlut. Literally signifies justice; but often used for a court of justice.

Arzee. A representation in writing, or letter from an inferior to a superior.

Banyan. A particular cast among the Hindoos.

Batta. Difference of exchange upon coins.
Chucklah. A district.

Consumah. A household steward.
Cooly. A labourer, or porter.
Cossid. A messenger.

Darogah of a Cutcherce. Superintendant of a

court.

Durbar Expences. Money given to persons in power.

Ferd. An Arabic word, expressing unity; but technically signifies a sheet of paper, containing an account.

Foujedurree. A particular office under the government.

Gold Mohir. Sixteen rupees.
Gomastah. Agent.

Gurree. A portion of time containing about 22 minutes.

Hircarrah. Literally a spy; but commonly means a person who runs on messages, and attends the palanquin.

Jamma. Part of the dress of a native of India.

Jammah. Debit side of an account.
Khalsa. Exchequer.

Khelaat. A dress of investiture given to a person upon his nomination to an office. Kidmutgar. A waiting servant.

Kulghah. An ornament for the turban.
Kuttree. A particular cast amongst

Hindoos.

Mohirir. A writer.

Moonshee. A secretary or writer.

Mullah. A teacher.

the

Maha Rajah Nundocomar, Babader, in the month of Assar, in the Bengal year 1165, with me, in my house at Moorshedabad, that the same might be sold; at the time of the defeat of the army of the Nabob Meer Mahomed Cossim Cawn, the money and effects of the house, together with the aforesaid jewels, were plundered and carried away. In the year 1172, Bengal style, when I arrived in Calcutta, the aforesad Maha Rajah demanded the before-mentioned deposit of jewels; I could not produce the deposit when demanded, and, on account of the bad state of my affairs, was unable to pay the value thereof; I therefore promise and give it in writing, that when I shall receive back the sum of two lacks of rupees, and a little above, which is in the Company's cash at Dacca, according to the method of reckoning of the Company, I have agreed and settled, that the sum of 48,021 sicca rupees is the principal of the amount of the said deposit of jewels, which is justly due by me, and over and above that, a premium of four anuas upon every rupee. Upon the payment of the aforesaid sum from the Company's cash, I will pay that sum, without excuse and evasion, to the aforesaid Maha Rajah. I have, for the above reasons, given these reasons in the form of a bond under my signature, that when it is necessary it may be carried into execution. "It is witnessed, "MEHAB Roy;

"SCILAUBUT, the Vakeel of Seat Bollakey Doss;

"ABDEHOO COMMAUL MAHOMED.

Alabd, "BOLLAKEY Doss." "Written on the 7th day of the month of Bhadoon, in the Bengal year 1172.”

The Counsel for the Prisoner desired that the witnesses might be kept separate.

Court. The great number of witnesses in this cause, the difference of their casts, and the length of time the trial is likely to take up, renders it almost impossible to confine them. If any method can be proposed, by which these inconveniencies will be removed, we shall be very ready to grant the request.

After a short debate it was agreed, that peons should attend the witnesses to keep them separate, and prevent any person having communication with them; and that each witness, immediately after having given his evidence,

Nuzzer. A present of compliment made by should be kept in the gallery; and that a conan inferior when introduced to a superior.

Peon. A footman, or person to go on messages.

Pottah. Title deed.

Ruffeek. Literally a friend; but means all through this trial a half-friend and half-dependant.

Serpaiche. An ornament for the turban.
Sewarree. Equipage.

Shroff. A banker, an exchanger of money. Sunnud. A grant from the government or its officers.

Tzaradar. A farmer.

Vakeel. An attorney.

stable should attend there, to prevent any natives from having access to them.*

Mohun Persaud sworn on a voir dire. Mr. Farrer, (Adv. for the Pris.) Has Gungabissen made you any promise, in case the prisoner is convicted ?-A. I am to have five per cent. on any money received.

Court. Is it a special promise on this occasion?-4. It is a general commission that I am to have upon all the affairs of Gungabissen.

*See vol. 8, p. 792, vol. 12, p. 871, vol, 13, p. 329, vol. 19, p. 348.

Mr. Farrer. Is it a promise in writing, or by word of mouth?-A. It is a written letter of attorney: originally it was a letter of attorney to me, Mr. Hamilton, and Mr. Lodge: the two last withdrew upon the commitment of the prisoner. I have likewise in my possession a Nagree letter of attorney, drawn by Mr. Driver.

James Driver examined.

To whom is that Nagree letter of attorney made? It was a power of attorney made to Mohun Persaud, and oue John Love. Afterwards I drew one in English, to Mohun Persaud singly.

The counsel for the prisoner desiring that the papers might be produced, Mohun Persaud, together with the clerk of Mr. Janett, attorney for the prisoner, was sent to fetch them: upon which the counsel for the crown called

Commaul O Dein Cawn, sworn upon a voir dire. Prisoner's Counsel. Do you know the punishment of perjury by the English law?

Court. You had better tell it him.

Counsel. When the life of a man is at stake, if you tell' falsely, you will be deemed infamous, put in the pillory, and burnt in the

band.

[Counsel for the crown desired that the questions might be interpreted to the witness in the Persian language, as the witness understood that language best.]

Court. What language do you understand best?-A. Persian.-[Being again interrogated, he said he understood both equally well, aud could answer in either.]

Which can you most easily explain yourself in ?—I will answer in either. Hindostanee is my native language.

Which language will you be examined in ?I think I shall be best understood in Persian.

Prisoner's Counsel. Have you received any money from Mobun Persaud, or any other person, to give evidence on this occasion?-No: defend me, good God! I never do such devilish things.

Do you expect any favour or protection, or have you had any promise of money from any person, for giving evidence on this occasion ? No.

Sworn in chief.

Counsel for Crown. Whose seal is to that bond? [shewn the bond.]-A. It is my seal; but the words signifying "it is witnessed," are not of my signature.

Whose name is expressed in that seal?Obdahu Mahomed Commaul.

Is that your name?-That was my original

name.

When, or upon what occasion, did you change your name?-At the time of the Nabob Natchum al Dowla, I got a royal title, and I am since called Commaul O Deen Ally Cawn. Did you affix your seal to that bond?—No, I did not.

Can you give an account how it came fixed there? No, I cannot say.

Was the seal ever out of your possession ?— I sent the seal to Maha Rajah Nundocomar, at Mongheer.

When did you send it ?--At the time the war between Jaffier Ally Cawn, and Cossim Ally Cawn subsisted.

Upon what occasion did you send it ?—When I was released from confinement, Maha Rajah Nundocomar desired a servant of mine to desire me to send my seal to him-my servant had been before that with Maha Rajab Nundocomar. The representation the man made with regard to sending the seal was this

Court. Is that man alive?-A. He was killed that same evening.

What was his name?-Eoll Mahomed, my Jemedar. He likewise desired the servant to request me to send a nazzer with the seal, that he might, with the seal, seal a petition to the Nabob, and present it with the nazzer. I then delivered to Shaik Cossim Ally, my Consumah, one gold mobeer and four rupees, as a nazzer to Maha Rajah Nundocomar, and one gold moheer and four rupees as a nazzer to the Nabob; and likewise the seal, of which this is the impression, [pointing to the seal on the bond] in order that he might put them into a bag, that it might be sent by a messenger to Maha Rajah Nundocomar. The bag was accordingly sent by a messenger.

Do you know the name of that messenger? -I do not know what the Cossid's name is ; there are twelve hundred at that place. It is fourteen or fifteen years ago.

Do you know if it was ever received by the prisoner?—I do; for Maha Rajah Nundocomar wrote me a letter in consequence of it. [The letter produced.]

Counsel for Prisoner. I admit the Maha Rajah had the letter.

Counsel for Crown. Read the letter.
Court. Go through with your evidence.

Counsel for Crown. The letter does not say the seal was received; but it acknowledges the receipt of the letter, and the seal was inclosed in the letter.

Court to Prisoner's Counsel. Do you see the consequence? Do you mean to adurit it?

Counsel. I have duly weighed what your lordship said, and therefore will not admit it. Witness read the letter, of which the following is a translate, omitting unnecessary compli

ments.

The

[After the customary compliments.] "I have received your letter, with which I have made myself acquainted, and by which I have been rendered joyful.-Thanks to the great God, you have been released. nazzer of congratulation which you sent to me, has arrived. May the great God reward you with victories! In consequence of your letter I have got an arzee for you written out; have presented it, together with the nazzer you have sent for that purpose, to the Nabob; and having received an answer, send it in

You will be made ac

Court. Go on with your story of what passed between you and Mohun Persaud.-A. Mohun Persaud then asked me if I was a witness on behalf of Maha Rajah to a bond of Bollakey Doss, or if my seal was affixed to it. I said I was a witness for no man, and that I knew no

closed in this letter. quainted with the contents, by inspecting it. With respect to the circumstance of calling you to the army, about which you have written, as the Victorious (the Nabob) intends shortly to leave Mongheer to go to Patna, there is no necessity for your making so long and trouble-thing with respect to this matter. He then some a journey; you had better stay some time longer at your own house. When God is wilfing that the victorious army should return to Moorsbedabad, you will attend there, and make me joyful by your company. Every thing then will be settled properly.-Rest contented. -Remain certain that I am your friend, and write an account of your health. The cloth you before sent is arrived.—What else shall I

write?"

Directed to Shaik Mahomed Cummaul. Dated the 2d of Rubbee, ul Akher, in the fourth year of the reign.

Cross Examination.

Q. Is it always customary to affix the seal to all arzees presented to the Nabob?-A. Yes. An arzee is never presented to the Nabob without a seal.

Was your seal ever returned?-No.

Do you know who has got it?-Maha Rajah Nundocomar.

How do you know?—I sent it, and never got it back.

Have you ever applied for it?-Yes, I have several times. I have likewise complained concerning its not being delivered.

Did you ever receive any answer to those complaints?-1 demanded the seal of Maha Rajah Nundocomar, who said it was not in his possession. I told Coja Petruse of it: I in tended to complain, but Munshy Sudden o dein advised me not.

When would you have made your complaint? At the time when Mr. Palk confined Maha Rajah Nundocomar; it was about three years ago, then Munshey Sudden o dien advised me not to complain, because the governor had given his son Rajah Gourdass the khallat for the office of Dewan of the city of Morshedabad.

Whom did you mean to complain to?-To the governor and to the Audaulet.

Did you want to complain to any other person ?-No.

Did you ever hear of your seal being put to any bond?-Yes, Mohun Persaud first told me that my seal was to a bond, and then the Maha Rajah himself told me he had put my seal to a bond; I saw the bond once before himself. [The bond stated in the indictment produced.] What passed between Mohun Persaud and you upon the time when he told you of the seal? First, he bid me pay 600 rupees, which I owed the estate of Bollakey Doss. I said, "I am a poor man out of employment; how shall I get the money?"

When was this?-It was about two months before Mr. Palk confined the Maha Rajah. It was about two months before I got my post, which is three years since.

asked if my seal, with the name of Abdahu Mahomed Čommaul, was fixed to that bond. I then said there may be a great many people of the name of Mahomed Commaul. I then went to Maha Rajah Nundocomar, and repeated to him what Mohun Persaud had said to me. He said, It is true; baving confidence in you I have fixed your seal, which was in my possession, to the bond of Bollakey Doss. Having sworn, you will give evidence of this before the gentlemen of Audaulet. I ans ered, How shall I be able to take a false oath? He answered, I had hopes in you. `I answered, Men will give up their lives for their masters, but not their religion; have no hopes of me. I then went and informed Coja Petruse and Munshey Sudden o dien of what had passed.

Was Bollakey Doss alive or dead at the time the seal was sent ?-He was alive; he had absconded from Mongheer. Some years after, he came to Calcutta.

After you had told Coja Petruse and Munshey Sudden o dien, did you tell it to any others?—No.

Cross Examination.

When did you change your name?-Ten or fifteen days before Mahomed Reza Cawn was appointed Naib Subah. I have got a seal, which was given me at the time, which bas got the day and year upon it. I can produce it.

Where is the sunnud ?-The sunnud is dated some years before I took the title; at the time the King and colonel Coote were at Patna a sunnud was procured for me by Shitabroy, who sent it to Maha Rajah Nundocomar, who detained it some time in his possession. In the time of the Nabob Nutchum at Dowlah I was appointed to the Foujdarry of Hidgelee, from which time my title commenced.

Where is the sunnud ?-It is at Hugly, but the great seal is with me.

[Mr. Farrer desired it might be produced, which was agreed to.]

What did the dignity consist of?-I was by that means named Cawn, but received no jaghire.

Is it not customary for natives when they receive a title to take it immediately?-Whenever the Subab coufirms it and gives him a seal, it is then customary to make use of it.

At what time did the Nabob confirm it ?— Maha Rajah Nundocomar was at that time Naib Dewan. About ten or twenty days after he was dismissed, and Mabomed Reza Cawn was appointed in his place.

Was Nutchum al Dowlab Nabob at the time colonel Coote and the King were at Patna ?— He was Nabob at the time the title was járree.

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Interp. This word literally interpreted means "to flow;" but what is meant by it is, "confirmed."

When did you begin to use the seal with your titles? At the time of the Nabob Nutchum al Dowlah, when two seals were given me, I was appointed Foujdar of Hidge!lee, and had two seals, one great and one small one, sent me from the government.

When a royal title is given to a native, can he make use of it without the permission of the Nabob?-He gets the sunnud, and perhaps a jaghire from the King, but cannot make use of it till a seal has been given by the Nabob, and he is permitted to use it.

How came you to apply to Maha Rajab Nundocomar to draw up your arzee?-As 1 had no connection with the Nabob, why should I draw up an arzee myself? The Maha Rajah desired I would send my seal to put to an arzee, and I did so.

In executing any bonds or deeds, do you make use of your signature or your seal?— When I execute a bond on my own account, I write the word "Oolaubd" (the slave of God) and fix my seal under it. When I witness any paper, I write, "It is witnessed," and fix my seal under those words.-[He produced a paper sealed with the same seal, to prove he had the seal. The jury compared it with the impression on the bond, and think them the same; each of the impressions shewed a small flaw which was in the original seal. He likewise produced the great seal, which he had from the Soubab.]

Were you ever upon terms of friendship with the Maha Rajah?-He was a friend of my father, and my grand-father. We were often in friendship, and often broke off. The Maha Rajah protected me from ten years of age. When he was Dewan of Mahomed Heha Beg Cawn, I was farmer of Choungi. The first difference, that happened between me and Maha Rajab, was when I was appointed to Hidgelee. It was not a dispute, but a difference of two days.

Court. What was this dispute about?-A. It begun thus. First he said he would be my security, and afterwards went off from his promise. I got another man to be my security, and afterwards went frequently to Maha Ra. jah's house.

To what amount was he to be security?— The revenue for which he was to be my security, was between 3 and 4 lacks of rupees.

Were you so reconciled together as to live upon friendly terms?—Yes.

Court. You say in your examination, “ I am witness to no man:" then how came you to produce papers, to shew how you sign your name as witness?-A. 1 did not mean to no person whatsoever, but to no man upon this occasion.

Court to Interp. Would you, from the idiom of the language, understand him to say, "I am no witness to any man ?"

Interp. His own words are, "to a man a witness I am not."-[The witness said this was the idiom of the language, and his common mode of expressions, and mentioned some instances of it.]

Court. Point out the words, "It is witnessed," which you say are not your hand-writing. [He points to the words wrote over his seal in the bond.] Do you mean to say, that the impression of that seal appearing upon the face of this bond is the impression of your seal ?--A. I do; that is the place in which I usually write these words.

Court. Have you ever paid the 600 rupees to the estate of Bollakey Doss?-A. I have. About five or six months after I was appointed to Hidgelee I paid that money. I have got the acquittal.

Counsel for Prisoner. What did you do for a scal in the intermediate time between the time your seal was sent to Maha Rajah Nundocomar, and the time you had your new one? What seal did you make use of?-A. I had another seal made for me.

Where is that seal?-When I got my new title, I destroyed that seal, I defaced it.

Counsel for Crown. Is not that customary upon getting a new title?-4. It is at the option of the party. Some people keep their seal, some are afraid to do it.

Court. Have you any papers with the impression of that seal?-A. How should I have any papers? My house was twice beset by the servants of Mahomed Reza Cawn, and all my papers destroyed.

Was the second seal of the same size and characters as the first?—I do not remember. How came it that you kept the papers you produced, as you said you lost all your papers? I lost most of my papers. A little box was saved, and these three papers were in that box.

[Counsel for prisoner desires that these three papers may be deposited in Court--they were.]

Mr. Farrer, counsel for the prisoner, observed, that in England a prisoner, from his Who were present when the Maha Rajah ac- knowledge of the language, had an opportuknowledged having put his seal to the bond ?uity of hearing the evidence and making his No one.

Is it usual for the Maha Rajah to have no attendants?-Where he is private, or has business, he is certainly very often alone.

Did he make his acknowledgment more than once ?-No.

Was it before or after you quarrelled?-It was before, two or three months,

own defence, which Maha Rajah Nundocomar was deprived of: he therefore thought it reasonable that his counsel should be permitted to make a defence for him.

Court. All the evidence has been given in a language the prisoner understands. Any defence he chuses to make will be interpreted to the Court.

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