settle it, very well; if not, there will be a dispute; I will injure him very much. He began to talk angrily; and I said, Disputes are not good: why should there be disputes between friends? Such conversation passed every day. They were both my friends; for which reason I told them it was better to settle it; and about the 5th day I settled it, for 10,000 rupees.

| mutsuddies, for the grant of the tecka collarries, or the adjustment of accounts relative to them; I am not certain which. These were salt works, not originally included in the lease of the farm of Hidgelee, but worked by other farmers, by people brought from other parts, and afterwards given to the farmer of Hidgelee, to prevent competition. I told him, I would not receive a verbal complaint; if he desired me to take cognizance of it, he must commit his complaint to writing, and deliver it

Was 10,000 rupees the whole paid to Comaul O Deen, either in money, or any other - consideration ?---Comaul O Deen claimed 26,000 rupees; G. G. Sing said, I have writ-in writing. He did so; but in terms so brief ten off this to your revenue account: you have no claim upon me. I told this to Comaul O Deen; who then said, I am much in arrears, on account of the tecka collaries; and my character will go; if I can get 10,000 rupees, I shall escape. I then told Gunga G. Sing, You are my friend, and he too; it is not well to quarrel among ourselves; and now the times are such, that it behoves every good man to avoid having any complaint against him; it is necessary for you to give C. O Deen 10,000 rupees. Then Gunga G. Sing said, You say this to prevent quarrels ; it does not signify; what you say is very well: you tell me to give 10,000 rupees; the remaining 16,000 rupees shall be written off on his land revenues.

Did Comaul O Deen mention any other arzees than those against G. G. Sing?---He said something about having given a duskut for the Audaulet of Hidgelee to Maba Rajab.

When C. O Deen spoke to you about the book being held up to him, was it about G. G. Sing? It was to seal the arzee about the tecka collaries. He told me nothing of the contents of the arzee, that was wrote at Nundocomar's when he went away and said he was ill, which was carried to his house to be sealed, and about which Mr. Fowke held up the book.

Was it that arzee, or any other, that Mr. Fowke made him seal?---From his telling me, I know it was that arzee.

Which Mr. Fowke was it, that bid him not make a disturbance ?---I did not ask which; he said Fowke Saub.

Did you ever advise Comaul how to act, when he went to Mr. Fowke's?---No, never.

Did you, in your own name, or in any other, ever promise Comaul O Deen any thing, for giving the evidence he has given? or told him, that advantage would result to him from it?--No, never.

Did you ever desire him to write an arzee against Mr. Fowke?---No, never.

Mr. Hastings examined.

Do you know Comaul O Deen Cawn ?--Yes, I do.

Did he make a complaint to you, in the month of December last ?---Yes; I will endeavour to relate what passed: Comaul O Deen, in the month of December, complained that Mr. Fowke had attempted, by promise and threats, to extort from him a declaration, that he had given bribes to English gentlemen, and

and general, that I returned it to him, telling him, that, as he had stated it, it did not amount to a complaint; that I would have nothing to say to it; but if he wished I really would take notice of it, he must mention the facts by which he thought himself injured, in writing, and relate their circumstances. I think, while I was talking to him, Mr. Vansittart arrived in the apartment where we were conversing. I told him what had passed, and what I had been saying to Comaul O Deen; he repeated the same injunction to him. Comaul O Deen said, He would write down the complaint, and make it fuller and more circumstantial; but that he had no Moonshy with him. I told him, Mine should write it, if he would dictate it. He agreed to it, and wrote the first arzee, which has been read; it was then brought to me, I believe by Comaul O Deen, and I laid it before the council. In conversation between Comaul O Deen and me, other particulars may have happened, which, if there were, I cannot recollect, and have totally forgot.

Did Comaul O Deen ever tell you that there were falsities in the arzee, to which he could not swear?---No, never. I understood what was written; and believed it to be true, as far as I could believe a single witness; I put several questions to establish my belief, so far as to lay it before the council.

What directions did you give, as to the drawing up of the arzee? or what did you say on the occasion?---1 only said, All circumstances must be related. I believe I might say, If it is true, as you have said, that Mr. Fowke told you it would be better for you to make declaration; and, if not, you would be punished: this is material to the complaint, and should be mentioned. I believe I might have said so, because I think, in like circumstances, I should do so now.

Did the arzee contain nothing more than the accusation, as related by Comaul O Deen?— The circumstances put in the arzee did not in the least, I believe, vary from the accusation in essential points; only in a different manner of relating the same facts: they appeared to me the same.

Had you not connections with Maha Rajah Nundocomar ?--I certainly had; that is to say, I employed him on many occasions; I patronized and countenanced him, it is well known. I never had an opinion of his virtue or integrity, I believe he knew I had not. I beg leave to add, that when I employed him as

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.

Do you know of any complaints being preferred against him ?---I do not.

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

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 having threatened him How came you acquainted with him?--I 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 Comanl 0 Deen, and himself told him to the purport he had been desiring me to tell. Comauf 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. I repeated over again to Comaul O Deen, in Persian, to the same purport as the governor had been telling him in the Hindostan language. Ip ticularly 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.

i par

Did C. O Deen ever give you any reason to think bis 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 be used threats to make C. O Deen sign the paper?--No; he said he lifted up a volume of Churchill's Voyages: I 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, as a man not worthy to be credited?---No, never. What is your opinion of him?---I never bad reason to put confidence in his credibility, or to 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 accusations 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 not 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.--- 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 Moonshy Sudder O Deen ever call at your house?---Yes.

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

What time of the day ?--I believe about seven or eight o'clock in the evening. He acquainted me that C. Q Deen had called on him, and told him that Mr. Fowke had used him 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 determined, 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.

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 sum, or any other on that account.

Moonshy Seerat Alli Cawn examined. Whose servant are you?-I am in the ser vice 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 day to pay salam to the governor, that day, as I was I was standing in the outward room, called, and went in. The governor was sitting at his writing-table, and Comaul Ở 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 be tween me and him, about 26,000 rupees.

Mr. Alexander Elliot examined.

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, Comaui O Deen said to me, Do you remember what passed at the Chief Write what I dictate. He then, looking on the Justice's, respecting a book which Mr. Fowke other arzee, began to dictate, and I to write: | lifted up to Comaul O Deen?—Mr. Fowke acwhen I had wrote it, Comaul O Deen read it knowledged, that he had lifted a volume of over; towards the latter end there appeared Churchill's Voyages against Comaul O Deen, something confused; he put it right, in order I do not remember why, on the morning of the to present to the governor. When I had wrote day he came for the arzee. He said, Comaul it fair, I gave it to the governor. Comaul O O Deen was teazing him; and I think said, Deen followed me. The governor began to seized on his legs; I am not sure; in conse read; and I explained it in places he did not quence of which he lifted up a volume of understand. When the arzee was read, the Churchill's Voyages; it was something about governor looked at Comaul O Deen, and said, the arzee. You say one thing, and write another. Comaul O Deen answered, I have written what I before said. The arzee remained with the governor; 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.

Do you remember any thing that passed be. tween 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 bad 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 utta 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 Calcatta gen- faith, and so forth, at the town of Calcutta, and

in Bengal, to wit,

tleman, Maha 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

in the wrong in the council. Nundocomar said to me, Do you get barramuts for the pergunnah* of Mysadel, Avingun, Tumlook, and whatever places you can get them from. I then answered, You have told me of getting barramuts against the governor and other gentlemen; but on hearing this, the people speak ill of you; you was before in friendship with the governor, and now you talk of getting barramuts against him; and there is now a friend. ship between Mr. Barwell and Mr. Vansittart; you are going backwards and forwards to their houses: Nundocomar said, They send often to call me; therefore I go: I then said, I have given nobody any thing, on account of Hidgellee. What do I know, what has been done at other places? There was other conversation passed, but I do not remember it now: he laughed and said, go and get the rupees you wanted to borrow from Roy Rada Churn, and when the Burdwan man gets his kellaut, I will talk to you further on the subject.

the said Richard Barwell of having received the said sums, and of being guilty of the said offence of wilful bribery and corruption; and the jurors aforesaid, upon their oath aforesaid, do further present, that also the said Joseph Fowke, Maha Rajah Nundocomar Bahader, and Roy Rada Churn, on the said 19th day of April, in the year aforesaid, according to the said conspiracy, combination, and agreement between themselves, before had as aforesaid, did make, frame and write, and caused to be made, framed and written, a certain writing or paper, purporting, that sums of money had been so paid and received; to wit, to Warren Hastings esq. 15,000 rupees, to Richard Barwell esq. 45,000 rupees, to Hoshyar Jung, thereby meaning George Vansittart esq. 12,000 rupees, and other sums of money to other persons; and did falsely and wickedly prevail with and force, by intreaties, menaces, and other unlawful means, the said Comaul al Deen Allee Cawn, to write words on the said paper, purporting, 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 On what occasion?—Maha Rajah had told false, and violently extorted from him as afore-me, You have had a quarrel with Mr. Fowke; said, 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." Signed, JA. PRITCHARD,

19th June 1775.

W. M. BECKWITH,
Cl. of Indictments.

Cl. of the Crown.

Comaul 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.

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; till you get your kellaut, I would not be introduced 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: he 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: be also said, You will be on good terms with Maha Rajah: I will get the business of Pur nea for you, and whatever Maba Rajab bids you do, do it: he then gave me beetle, ottar, &c. and my dismission.

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, 1 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.