Did you ever introduce any other black man to the general?-I am not sure whether I introduced Rajab Rajebullub to the general, by desire of the governor; I now recollect that the governor bad first. Did you consider this as an introduction from the governor general ?—I did not consider it as an introduction from the governor general, but by his permission. would recollect, whether the occasion of this conversation, was not a letter received from the king at Delhi.] who would not stick at any thing to carry any point he might have at heart: from thence we went and sat down with Rajah Nundocomar; and I had soon an opportunity of seeing that Mr. Elliot, however, still offered to translate Rajah Nandocomar did not, though I had in- such papers as might be sent to me. I accordtroduced him, consider me as his friend; for ingly did send them, I believe, all to him. Mr. Addison, who had in the interim entered About the middle of January, I was assaulted into conversation with him, informed the gene- in my palanquin by a number of petitioners, ral, that he only wished to make his salam who had 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 Rajah | 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 waited upon Mr. Hastings, I made some very gross abuse of power, and that the more particular enquiry respecting his wishes several petitions which 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 had no effect in redressing of Rada Churn 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, and tell him to be with me at my return from council. The manner in which the contractor explained himself to me, rendered it necessary that I should have an interpreter. The man teazed me with evasions and contradictions; and having frequently told him that there was now a court of justice established in Calcutta, where such grievances would be redressed, I thought he would do better to furnish me with means of redressing them, by procuring them their full weight and full play. 1 then sent for Mr. Fowke, who, I believe, before that time, had not been above three or four times in my house, nor had once dined with me since my arrival. I referred the complaint to him, as a person of whose honour and integrity I had the highest opinion; more from general report which his reputation bore in Eng land, than from any personal acquaintance with him here. He was acquainted with the language in which this complaint was to be examined, and, as I imagined, with the manners and customs of the country. The contractor, fearing that Mr. Fowke's report to me would not be so favourable to his cause as he wished, went to complain to the governor general; when, on the following day, I presented the petition to the council, I found the governor had been apprized of the reference made to Mr. Fowke; and reproached me warmly, for taking up a business in which he was so immediately concerned. I, at first, did not understand his allusion. He told me, “You must know that captain Weller was connected with Mr. Elliot recollects, that it was not the same morning in which he saw Rajah Nundocomar at the governor's that he introduced him to the general. General Clavering sworn. A little time after my arrival, Mr. Elliot came to me, to propose himself to be my interpreter. I acquainted him, That I understood there was an interpreter on the establishment, who was then with the army, and I had heard a very good character of him, and therefore I did not chuse to make any disposition of it at that time, but would wait till the interpreter returned to Calcutta. Mr. Elliot understood it as explained by me, and was pleased to offer me his services, till such time as my interpreter arrived. From that time I am not conscious that I received any Persian letter, or petition, that I did not put into his hands. In the mean time, divisions in the council had broke out. Mr. Elliot, I understood, had been admitted a private secretary to the governor. About a month after his tendering his services, Mr. Elliot came to me, and acquainted me, that he understood, that the interpreter to the commander in chief had been recommended by the governor to the late commander; but, on my making some difficulty to accept an interpreter that might have been recommended by the governor to the late commander, Mr. Elliot opened himself further to me, and told me, in a very honourable manner, that I must be sensible, from his close connection with the governor general, how unpleasant a thing it would be to him, to accept of such a trust from me. [Mr. Elliot here wishes that the general me." I told him, that I had been intirely uninformed of it, till Mr. Fowke had acquainted me with it, upon the examination of the molungies. The governor, on that, said many things against Mr. Fowke; and, as I saw no occasion why Mr. Fowke should have concealed that circumstance from me, I refused to comply with his request of not trusting any more petitions to Mr. Fowke. Some time after this, came the petition of Barnassy Ghose, which I likewise referred to Mr. Fowke, after having previously sent to Comaul O Deen. This reference produced another complaint of 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 execution 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 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 petitions. 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. 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 Maha Rajah made to me, I took for my interpreter the first person who presented himself to me; but always Mr. Roberts, if he was with me: his general conversation was, the declared hatred that the governor bad shewn him. He said, "His enemies were admitted to the governor : I am told, Mohun 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 country; 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, be 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 have done with it. Maha Rajab 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 charac. ter; 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, 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 on account of the matter contained in that letter. As to the visit, Maha 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 hail. 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. Did not Mr. Fowke acquaint you that he was ordered to attend the Monday following; and that the parties were then to declare whether 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. Did not your aid de camp attend on the Monday to be bail, with your knowledge for some 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 bad 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 consider 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, and 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 I 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 | 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. Fowke should not be examined. In what manner did you employ him?-Only to receive petitions through my bands. 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 prosecutors did not desire it, you would have obliged them to find bail, or committed them that night ?---I would. 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?----1 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 ?---Į 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: Rajab 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, troublesome man. Do you recollect the subject-matter of what passed at the visit paid to Maba Rajah ?---I do not recollect any conversation but such as might pass in a visit of compliment. Q by Mr. Just. Lemaistre. Where are the four writers that were at Mr. Fowke's that morning? Where is Accoor Munnab, Mr. Fowke's moonshy? Are they alive? Defendant's Counsel answers, Yes. The Verdict on this Prosecution was as fol lows: JOSEPH FOWKE, 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, kut. 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 "That in the course of the examination into the merits of the petition of James Calthorpe, esq. and Richard Beckford, esq. it having appeared to the committee, that the most flagrant and notorious acts of bribery and corruption had been practised; and that a very considerable 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 commmittee, 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 Taken in Short-hand by Joseph Gurney. Note, Into this Report I have incorporated from the Election Cases of Mr. Douglas (lord Glenbervie) such particulars as I thought would render it satisfactory. + Mr. Thurlow. 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. "Resolved, That it appears to this committee, that James Calthorpe, 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 said borough of Hindon. "Resolved, That it appears to this committee, that Richard Beckford, esq. bas, 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 On the 8th of May following, the House ordered that the Attorney General should forthwith 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 bo. rough in the same county two burgesses, of the most sufficient and discreet, freely and indifshould be present, according to the form of the ferently by those who at such proclamation 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 "Be it remembered, That Edward Thurlow, thereupon made, between the said then sheriff esquire, Attorney General of our present sove- and those who should be present at such elecreign lord the king, who for our said lord the tion, and them at the day and place aforesaid king in this behalf prosecuteth, in his proper the said then sheriff should cause to come in person, cometh here into the court of our said such manner that the said knights for themford 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 sheJord 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 be informed, that the said writ afterwards, and his majesty's council, for certain arduous and before the return thereof (to wit) on the said urgent affairs concerning his said majesty, the 1st day of October in the 14th year aforestate and defence of his kingdom of Great Bri- said, was delivered to Thomas Estcourt, esq. tain and the church, his majesty ordered a cer- then and continually from thenceforth until and tain parliament to be holden at the city of at and after the return of the said writ being Westminster, on the 29th day of November sheriff of the said county of Wilts, to be exethen next ensuing, and there to treat and have cuted in due form of law (to wit) at the borough conference with the prelates, great men, and of Hindon aforesaid: and the said Attorney peers of his realm; his majesty by his said General of our said lord the king, for our said writ did command and strictly enjoin the said lord the king, gives the court here further to sheriff, that proclamation being made of the 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, * 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. * |