12 an instrument of government, I might have other motives than my reliance on the man's integrity; motives which did not depend upon me. I might have other motives--I had---I considered it as a point of duty, which I could not dispense with; I have, till lately, concealed the motives, because I thought it my duty; but I think it necessary, for my own character, to declare, that I had the orders of my superiors to employ this man. He never was, in any period of my life, in my friendship or confidence; never.

urged him, by the arguments which I thought most likely to have weight with him, to declare the truth that passed between him and Mr. Fowke. He was strictly consistent when he told the story, repeated always the same facts, varied only in the manner of telling them, and introducing immaterial circumstances; he did not vary in the sense: he did not repeat the same words, or make the same arrangements; the material facts were the same.

In what language did you examine him ?— In the Hindostanny.

Did you ever examine any other of the wit

Did not you say, that you would be revenged on him, and would ruin him?--I never men-nesses?-No, never. tioned revenge, or that I would ruin him. I am clear I did not mention these words, because it is not in my disposition.

Did you never tell Rajah Nundocomar, that you would withdraw your countenance and protection, and would not be his friend?---My friendship he never had. I certainly did use expressions which implied, that he was neither to expect my protection or, countenance; and dismissed him my house.

Did you ever say, that you would conduct yourself to him as he deserved ?---I never made use of the expression.

Did you, directly or indirectly, countenance or forward the prosecution against Maha Rajah Nundocomar ?--I never did; I have been on my guard; I have carefully avoided every circumstance which might appear to be an interference in that prosecution.

Did you ever see Comaul O Deen's moonshy? I never saw him but at the chief justice's. Comaul O Deen always persisted in the same story of the furd; it was on that point chiefly that I examined him, because it was less capable of evidence, and I wished to be convinced, as far as I could be, from the man's manner of relating it. I was thoroughly satisfied in my own mind, when I commenced the prosecution, that the story was true: and I bave had no reason since to alter my opinion.

Was Nundocomar never in your private friendship or confidence ?-There was never a period in which he was in my private friendship or confidence: I may except the small time, till I had acquired an opinion of his conduct. There are some in this settlement that know on what terms we were before I went to England.

Would you have employed him, had you not had the orders of your superiors for so doing? I believe I should; but I never should have shewn him that degree of countenance, or continued it. I might have employed him for a particular purpose. I was directed to employ him in a particular service, and to make it his interest to exert himself. I never had orders to give him particular countenance and protection.

At what time did you employ him particularly?—It was about the removal of Mahomed Reza Cawn, and the making new arrangements. His interest and inclination were contrary to Mahomed Reza Cawn's, and he was thought fittest to destroy the influence of Mahomed Reza Cawn, till the new arrangements should be confirmed.

When did you first hear of Comaul O Deen's complaining against Mr. Fowke That morning I examined into it. He came with his complaint, and broke in upon me very abruptly. He told me his story, and I put many questions during the relation; and afterwards I doubted it. When he first related it, I asked him questions, to clear up those doubts. I bid him be cautious in what he related. I observed, he seemed much agitated with passion, or bad much the appearance of it. And I advised him seriously and repeatedly to weigh what he was about, before he persisted in an accusation, which might be dictated by prejudice, interest, or present passion. He persisted in his story, affirmed the same facts, with much vehemence, in such manner as to induce me to give a degree of credit to it; but, as I was a party, I told him, I could not redress it: that was the reason I assigned, and directed him to make his application either to the chief justice or to one of the judges of the supreme court. He said he would go to the chief justice, and desired I would procure him an introduction.ings was in the south-east room of his house; I sent a chubdar with him, to prevent any detention or prevention he might have met with from the chief justice's servants. I also wrote a note to him, which I sent by one of my own

servants.

When was it that you interrogated C. O Deen respecting his complaint? Between the examination at the chief justice's house and the Monday, when we determined to prosecute. I questioned him two days successively, and

Mr. George Vansittart examined.
Were you at the governor general's when
Comaul Ŏ Deen made his complaint?-I was.
Relate what you recollect of it.—Mr. Hast-

Comaul O Deen was there, and others, when I
went in: Mr. Hastings told me that Comaul O
Deen had been complaining of him, that Mr.
Fowke had threatened him with punishment, if
be did not deliver an account of barramuts;
that he had been relating every thing very cir-
cumstantially by word of mouth; but had
given in a petition, very short, and of no kind
of consequence. He desired me to explain to
Comaul O Deen, that if what he had related

Cross-Examination.

How long have you known C. O Deen?--I had an acquaintance with him about 12 years ago, and not after till 1775.

How came you acquainted with him?—]

Do you know of any complaints being pre- | ferred against him?---I do not.

Had you ever any particular conversation with him at your house?--I think he has called on me; but whether I had any particu. lar conversation I do not recollect.

a

verbally was true, and he meant to complain, he should be as circumstantial in his petition as he had been in his verbal relation; and particularly, that he should mention the circumstance of Mr. Fowke baving threatened him 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 the subject of tecka collaries. The governor then turned to Comaul O Deen, and himself told him to the purport be had been desiring me to tell. Comaul O Deen said, He would go home, and write such a petition: the governor said, It was unnecessary he should go home, that he might dictate it to his Moonshy; he would order his Moonshy to write what Comaul O Deen dictated. He then left the room. 1 repeated over again to Comaul O Deen, in Persian, to the same purport as the governor had been telling him in the Hindostan language. I particularly asked him if the circumstance of Mr. Fowke's threatening him with punishment was true, and particularly charged him, that he must write nothing but what was strictly true. He said that circumstance was true; promised he would not write any thing but what was so; he then went with the Moonshy, I believe into the south veranda, and I returned home: I believe I did stay till it was wrote.

Did C. O Deen ever give you any reason to think his complaint not true?---Never; his assertions have always been that it was true.

Where were you on the 20th of April ?-At the chief justice's.

Did you ever hear Mr. Fowke say, that he used threats to make C. O Deen sign the paper?-No; he said he lifted up a volume of Churchill's Voyages: 1 think the reason he gave for it was, that C. O Deen went into his room when he was lying on the bed, and was troublesome to him. I believe it was to get back his arzee. I cannot say that certainly.

Did you never turn him out of the room, s man not worthy to be credited ?---No, ueter. What is your opinion of him ?---I never bad reason to put confidence in his credibility, or doubt it. I thought him a creditable man, and never heard any thing amiss of him.

Do you remember any instance of a complaint of his which was found to be groundless -No; though I have frequently heard of a cusations against him in the farming business; the only one I can recollect made by him, was against an English gentleman; and that I believe to be true.

Did you believe Comaul's accusation to be true? I did; else I should not have joined my name in the prosecution.

Was it not your doubt of his credit that made you tell him to write only what was true! -No; from the nature of his story; and na from thinking his credit doubtful.

How long have you known Mr. Fowke?I have known him 16 years.

What is your opinion of his character ?—I have ever looked on Mr. Fowke as strictly honest, and of strict honour, according to his own principles; but I believe the violence of his temper may in some points lead him out of the road of honour without he himself being sensible of it. Procuring accusations I think one of those instances that may lead him out of the road of honour. I should be embarrassed to put any other case, but accusations against the governor general and those immediately connected with him.

Do you remember any thing else that passed at the chief justice's?-I remember Mr. Fowke speaking to Mr. Barwell, with great vehemence," Can you say upon your ho nour and your oath, that you did not receive the 45,000 rupees?" Mr. Barwell replied, Is Mr. Fowke in the Company's service?upon his honour and his oath, he did not.---I No, he is not; I believe he is employed by geam generally called Hoshia Jung by the blackneral Clavering; he is in office. people, it is a title I have.

Did Moonsby Sudder O Deen ever call at your house?--Yes.

When was it?---On the Tuesday or Wednesday before the Thursday of the examination.

Did you, or did you not, receive the 12,000 rupees, on account of the tecka collaries, as mentioned in the furd ?-I never received that sun, or any other on that account.

Moonshy Seerat Alli Cawn examined. Whose servant are you?-I am in the service of the Company; but remain about the governor.

Did you ever write an arzee for Comaul 0 Deen by the governor's order?—Yes, I did. Relate the circumstances.---As I go every

What time of the day ?--I believe about seven or eight o'clock in the evening. He acquainted me that C. O Deen had called on him, and told him that Mr. Fowke had used bin ill that morning; that he had obliged him against his will, to write an account against Mr. Barwell and me, of bribes pretended to have been received by us; that he was deter-day to pay salam to the governor, that day, as mined, however, to get back what he had written, or would complain to the governor. Did he mention nothing of the governor's name?--I do not recollect that he did---I am not sure.

I was standing in the outward room, I was called, and went in. The governor was sitting at his writing-table, and Comaul O Deen was at a small distance from him. Another person, Cantoo Baboo's deputy, was there, and the

Had you ever any dispute with Comaul O Deen?-There was something of a dispute between me and him, about 26,000 rupees.

governor's aurizbeggy. The governor called me to him; then he took the arzee, and gave it me to copy it fair; and went out with Comaul O Deen, at some distance from him. When I began to write, Comaul O Deen said to me, Write what I dictate. He then, looking on the other arzee, began to dictate, and I to write: when I had wrote it, Comaul O Deen read it over; towards the latter end there appeared something confused; he put it right, in order to present to the governor. When I had wrote it fair, I gave it to the governor. Comaul O Deen followed me. The governor began to read; and I explained it in places he did not understand. When the arzee was read, the governor looked at Comaul O Deen, and said, You say one thing, and write another. Comaul O Deen answered, I have written what I before said. The arzee remained with the go* vernor; I and Comaul went away.

Gunga Govin Sing examined.

Did you give directions to Comaul O Deen, to complain against Mr. Fowke?—I did not.

Did Comaul O Deen ever shew you an arzee, complaining of Mr. Fowke?—I saw an arzee in his hands, at the governor's house; I do not know whether he put it into my hands; I did not read it.

Mr. Alexander Elliot examined.

Do you remember what passed at the Chief Justice's, respecting a book which Mr. Fowke lifted up to Comaul O Deen?-Mr. Fowke acknowledged, that he had lifted a volume of Churchill's Voyages against Comaul O Deen, I do not remember why, on the morning of the day he came for the arzee. He said, Comaul O Deen was teazing him; and I think said, seized on his legs; I am not sure; in conse quence of which he lifted up a volume of Churchill's Voyages; it was something about the arzee.

Do you remember any thing that passed between Mr. Barwell and Mr. Fowke at the Chief Justice's ?-Mr. Barwell spoke to Mr. Fowke with some warmth about his conduct in this affair; and Mr. Fowke, appearing to be angry, asked him if he could give his honour and oath that he had not received the 45,000 rupees. Mr. Barwell said, he would give his honour and oath he had not. Mr. Fowke then said, He must acquit him; that is the way I generally wipe off accusations against myself. Verdict on this Prosecution, Not Guilty.

558. 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 lord outta and Factory(the king, upon their oath, present, That Joseph

year of the reign of our sovereign lord George the 3d, by the grace of God, of Great Britain, France, and Ireland, king, defender of the

of Fort William Fowke of Calcutta gen- faith, and so forth, at the town of Calcutta, and

in Bengal, to wit,

tleman, Maba Rajah Nun-factory of Fort William, fraudulently and undocomar Behader late of Calcutta inhabitant, 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 sums of William in Bengal, being persons of evil name money from one Comaul al Deen Allee Cawn, and fame, and dishonest reputation, wickedly in the nature of bribes, or for services rendered devising, and unjustly intending, to deprive by him to the said Comaul al Deen Allee Cawn, 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 his station in this province, and by that means to good name, credit, and reputation, and to re-represent the said Richard Barwell as guilty of present him as an unjust and dishonest person, wilful bribery and corruption in his 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, and Conspiracy. ill opinion, hatred, and contempt, of all his Ma- agreement, the 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

See the two Cases immediately preceding.
VOL. XX.

Churn, did at several times, make use of persuasions, promises, and threats, to prevail on the said Comaul al Deen Allee Cawn to accuse 4 G

the said Richard Barwell of having received | in the wrong in the council. Nundocomar the said sums, and of being guilty of the said said to me, Do you get barramuts for the peroffence of wilful bribery and corruption; and gunnah* of Mysadel, Avingun, Tumlook, the jurors aforesaid, upon their oath aforesaid, and whatever places you can get them from. do further present, that also the said Joseph I then answered, You have told me of getting Fowke, Maha Rajah Nundocomar Bahader, and barramuts against the governor and other genRoy Rada Churn, on the said 19th day of April, tlemen; but on hearing this, the people speak in the year aforesaid, according to the said ill of you; you was before in friendship with conspiracy, combination, and agreement be- the governor, and now you talk of getting bartween themselves, before had as aforesaid, did ramuts against him; and there is now a friendmake, frame and write, and caused to be made, ship between Mr. Barwell and Mr. Vansittart; framed and written, a certain writing or paper, you are going backwards and forwards to their purporting, that sums of money had been so houses: Nundocomar said, They send often to paid and received; to wit, to Warren Hastings call me; therefore I go: I then said, I bave esq. 15,000 rupees, to Richard Barwell esq. given nobody any thing, on account of Hid45,000 rupees, to Hoshyar Jung, thereby mean- gellee. What do I know, what has been done ing George Vansittart esq. 12,000 rupees, and at other places? There was other conversation other sums of money to other persons; and passed, but I do not remember it now: he did falsely and wickedly prevail with and force, laughed and said, go and get the rupees you by intreaties, menaces, and other unlawful wanted to borrow from Roy Rada Churn, and means, the said Comaul al Deen Allee Cawn, when the Burdwan man gets his kellaut, I wi to write words on the said paper, purporting, talk to you further on the subject. that he acknowledged to have paid the said sums to the said persons: whereas in truth and in fact the said Richard Barwell never received any such sum of money; and the said Comaul al Deen Allee Cawn, at the same time, and immediately thereafter, and also since that time, declared the said accusation to have been false, and violently extorted from him as aforesaid, to the great damage of the said Richard Barwell, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity." Sigued, JA. PRITCHARD,

19th June 1775.
W. M. BECKWITH,
Cl. of Indictments.

Cl. of the Crown.

Comuul O Deen Cawn sworn.

Q. Are you acquainted with Nundocomar?
A. Yes.

Did you ever make application to him for money?-I have often.

Did you in the month of Chyle last?—Yes; I borrowed 3000 rupees of him in that month. Relate the conversation that passed between you and Nundocomar.-When I returned from Houghly, I went to Nundocomar's house: he was not at home: I sat down in the Dewan Connah, and Maha Rajah came soon after: I gave him a gold mohur: he asked me whether I had heard what passed between the governor and council about barramut, and the Munny Begum: I answered, I have not heard all: Maha Rajah said, Mr. John Graham is my enemy, and I am his: I was not an enemy to the governor: the governor has told me, I will think much about you, be upon your guard. 1 thereupon consulted with Mr. Fowke: Mr. Fowke answered me, Do you get barramuts against the governor, Mr. Barwell, Mr. Vansittart, and other gentlemen; and I will procure for you the place of the aumeen of the khalsa; I then gave him the barramut, on account of Munny Begum, and I have proved the governor to be

When did you see Nundocomar again?-It was either on the 30 Phaugoon, or the 1st Chyle.

Did you see Mr. Fowke soon after that?Yes; a few days after I went to Mr. Fowke's with Roy Rada Churn.

On what occasion?-Maha Rajah had told me, You have had a quarrel with Mr. Fowke; go and be reconciled to him, and by his means get introduced to the general, colonel Monson, and Mr. Francis: I said, There is no great things in being reconciled to Mr. Fowke; t you get your kellaut, I would not be intreduced to the gentlemen: I will not go to-day, I will go to-morrow. The next day I went with him to Mr. Fowke's: I offered Mr. Fowke a nuzzer of 5 rupees, which he did not take: be told me to sit down: he got up and went into his bed-chamber: he then called me in to him, and Roy Rada Churn and I went in together: he said many kind things to me, that he had heard of my praise of Maha Rajab: he also said, You will be on good terms with Maba Rajah: I will get the business of Pur nea for you, and whatever Maha Rajab bids you do, do it: he then gave me beetle, ottar, &c. and my dismission,

1

1

When did you go again to Maha Rajah? || Two days after, in the evening; I did not choose to go sooner, because I heard bad words, What bad words ?--About the barramut. What did you go for?-I went to get my dismission to go to Houghly.

What passed that evening?-Maha Rajah asked me, Where is the small arzee you be. fore gave in to the governor against Mr. Fowke? I said, I have it: Maha Rajah said, Bring it to me to-morrow evening, that I may see it: when I have seen it, I will then give you your dismission: I went home; my old moonshy was gone to his house; at noon, † whatever I remembered, I caused to be wrote by my new moonshy.

A small district consisting of several villages.