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 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 bave 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. I 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 bim the barramut, on account of Munny Begum, and I have proved the governor to be

in the wrong in the council. Nuudocomar 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 bave 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.

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; 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: 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 Maha Rajah: I will get the business of Purnea for you, and whatever Maha Rajah 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?-1 went to get my dismission to go to Houghly.

What passed that evening?-Maba Rajak asked me, Where is the small arzee you be fore gave in to the governor against Mr. Fowke? I said, I have it: Mala Rajah said, Bring it to me to-morrow evening, that I may see it: when I have seen it, I will then giv 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.

Why was the old moonshy gone from your house? The arzee was in the possession of my old moonshy.

What did you do with what you bid your new moonshy write?-I kept the paper newly written in my possession till the evening: I sealed it, and carried it to Maha Rajah. Maha Rajah read it, and kept it, then gave me my dismission for Houghly.

then replied to Maha Rajah, Shall I tell a lie? Maha Rajah said, It must be wrote: it was necessary for me to get back the arzee against Gunga Govin Sing; and I said, Very well, 1 will write it when I get home. I came to my own house, and wrote in such manner, as in some measure to comply with his desire, and at the same time to save myself harmless, and left room for my own conscience: I took it to Maha Rajah's; he was out: I sat down in the dewan connah: Maha Rajab soon came, and as he was getting out of his palanquin, I gave him the arzee. He read it, and laughing, said,

You say you went to ask your dismission for Houghly when did you return?-1 went to Houghly; while I was there, I heard that Moonsby Sudder O Deen was coming: hearing that, I returned: I believe about the last of Chyle.

When did you see Maha Rajah again?--When I went for the arzee back: about the 4th or 5th Bysaak.

What then passed ?--I said to Maha Rajah, Moonshy Sudder O Deen is come back, and the business with Gunga Govin Sing is settled: give me the arzee back again: then Maha Rajah said, What has been done about the rupees you spoke to Roy Rada Churn about? I answered, I have not got the ropees from Gunga Govin Sing; and I will now, if you please, give it you in writing, that when I receive them, I may give you the sum promised.

(Comaul O Deen here says, that he has not his recollection about him to-day, and accounts for it as follows):

My vakeel has been tied up by Ramchunder Sein for money, and great disgrace has fallen on me: I am the renter of Hidgelee, I let it to farm out again to Bussunt Roy, and gave security to government: Bussunt Roy pays the rent, and Ramchunder Sein, dewan of the khalsa, has tied up my vakeel without Mr. Cottrell's order, or without his being acquainted with it: Ramchunder Sein is a mutsuddy, and I am a man of reputation; the tying up my vakeel is the same as tying me up.

What did Maha Rajah say was done with the arzee ?----Maha Rajah said, I have it not, - Mr. Fowke has it: I then said, I deposited it with Roy Rada Churn; why has Mr. Fowke got it?

What answer did Maha Rajah make?---He said, What does it signify to you? come tomorrow: when I went the next day to Maba Rajah's, he told me, Mr. Fowke says, the large arzee which you gave to the Governor in the month of Pons, complaining against him; if you will write thus, that you did not give in the arzee on your own accord, but by the direction of Mr. John Graham and the Governor: write in this manner: Mr. Fowke having read it, will remember you in his heart; he will know that you are his own man: I

Moonshy with you: I became angry, tore the arzee, and went home; every body knows, I am a passionate man when I hear a lie. In the evening I returned, and took my Moonshy with me to Maha Rajah's: I sat still in silence: Maha Rajah caused draughts to be wrote out by my Moonshy and his own, Domaun Sing; he then altered them with his own hands, and told my Moonshy to write out a fair copy; I also told him to do it; I acquaiuted the Maha Rajab that I had a great pain in my belly, and desired to go home. Maha Rajab asked me if my pain was very great: I said, Yes, and got my dismission. When one par of the night was past, my Moonshy and Yar Mahomed came to me: Yar Mahomed said, Maha Rajah has sent this paper, put your seal to it: I said, No; there is no agreement between Maha Rajah and me about sealing it. I then gave Yar Mahomed my hookah to smoke; he smoaked a little and went away. In the morning went to Maha Rajah: he said to me, Rada Churn is gone before, with the arzee; do you follow him to Mr. Fowke's: I went from Maha Rajah to Mr. Cottrell's; and as I came out from Mr. Cottrell's, Rada Churn's hircarrah came to me, and said, his master was at Mr. Fowke's house, and called me thither : I then went, young Mr. Fowke and Rada Churn were sitting in his room (young Mr. Fowke's room). After the usual compliments, Rada Churn went into old Mr. Fowke's room; he came out again in about two gurrys. A little after, Acoor Munnah came to me, and said, Mr. Fowke called me. I went: Mr. Fowke was sitting upon the bed, with his feet hanging down; and ordered me a chair, to sit opposite to him. Two writers and two Bengalies stood behind me. One of the Bengalies was Acoor Munnah, and 1 know one of the writers. He then took out the arzee from off the bed, near the pillow, and asked me if I had given that arzee. I said, Sir, that is not an arzee; it is a jabob sawaud: I wrote it according to the pleasure of Maha Rajah. Then Mr. Fowke put on an angry face. I said, There is wrote in this the words, gurry perivium, adawlut booster, and ershaud meshawud;' i. e. Protector of the poor, distributor of justice;' and it is ordered.' I said, Who is the giver of orders? Mr. Fowke then angrily told me to seal it. I was afraid; and, putting the end of my jamma about my neck,

6

said, Sir, for God's sake, do not require me to do such business. He then took up a large book, and said, God damn you, you son of a bitch. I said, Sir, well, give it me, and I will | seal it. (C. O Deen here describes the book.) Mr. Fowke laid down the book, and I sat down on the ground: the tears ran down my cheeks, and I quivered and shook through anger and fear. I then sealed it: he took it of me; and then took out a furd, and asked me, Have you given Mr. Barwell in three years 45,000 rupees, at the rate of 15,000 rupees a year? I said, I had. Did you give Mr. Hastings 15,000 rupees? I said, I had. Did you give Mr. Vansittart 12,000 rupees? I said, Yes. Did you give Rajah Rajebullub 7,000 rupees? I said, Yes. Did you give Cantoo Baboo 5,000 rupees? I said, Yes. He said, sign it; and then put the furd into my hands: I looked at it, and saw the five names, with the different sums opposite to each. The ink-stand was lying on the bed, and I put my dusket on it writing "Russum Rudum and Dudam." When I had signed the arzee, Mr. Fowke bid me tell the people behind me to witness it. I said, Very well, let them do so. I then gave him the fard, and he told me to go.

Where did you go?---I went out, wiping my face, and stood upon the stair-case. There was a man named Samsheer Beg standing there: I said to him, See what violence has been used with me. He answered, I see the consequence; but know nothing of the cause. I said to him, Let me fetch breath, and I will make you acquainted with the cause. Then Roy Rada Churn and young Mr. Fowke, holding each other's hand, came and stood upon the landing-place. I said to them, Tell Mr. Fowke to give me back all the papers which he has by force caused me to write, or I will spoil myself (arab kurra), and, tearing my clothes, go immediately to the council. They then said, Don't be angry; be a little cool, and we will speak to Mr. Fowke. They went to him; and in about one and a half or two gurrys came out again. Young Mr. Fowke had the cover of a letter in his hand, and said to me, Your papers are all in this; I have brought them out, but will keep them with me to-day: You come to-morrow; Maha Rajah will likewise come; and whatever Maha Rajah pleases, and shall be agreeable to you, shall be done. I then came away.

After you came away, what did you do?--When four gurrys of the day were remaining, I went to Moonshy Sudder O Deen, and said to him, Mr. Fowke has by force caused me to put my seal upon an arzee, and to sign a furd: I am going to Maha Rajah; I desire, if you have an opportunity, that you will go and acquaint Mr. Barwell and Mr. Vansittart of all

the circumstances.

What was he to acquaint them with ?---Of these circumstances. I went to Maha Rajah's; he was in his inner apartments: I went and sat down with Samsheer Beg; we said our prayers together. I then went to Roy Rada

Churn, and, talking to him, took a pillow and sat down. Maha Rajah came out into the dewan connah: I went and sat down by him ; I then related to him all these circumstances. Maha Rajah consoled me, and said to me, Do you be content; I will go in the morning, and get you back your arzee. He gave me beetle, &c. and my dismission. I went away. Where did you go to next?-I went to Moonshy Sudder O Deen, and told him all these things. The next morning I went to Mr. Fowke's: Maha Rajah, Roy Rada Churn, and old Mr. Fowke, were in the room: I stood upon the staircase, and did not go in, through fear. Soon after, Mr. Fowke came out; then Maha Rajah came out, and Rada Churn. I addressed myself to Maha Rajah, and said, Sir, what have you done for me? Maha Rajah said, What can I do for you? I have talked a great deal to Mr. Fowke; but he does not mind me. Saying this, they went down stairs to their palanquius: just as they were setting off in their palanquins, I began to tear my clothes, and called out Douy. I then got into my palanquin: hircarrabs laid hold of it, and scuffled with my people; and went on in that manner, scuffling, till I got to the Bitab Connah of Rajah Rajebullub. I went and complained to the Chief Justice.

Did you go no where else, before you went to the Chief Justice?—Yes, I went to the governor's.

What did he say to you?—He said, What can I do? They are three gentlemen, I am but two: I can do nothing for you in this. You must go and complain in the King's Adawlet; I cannot do you justice.

Whose bircarrahs laid hold of your palanquin?-How should I know? Do I write down their names? How can I tell?

Do you know whether they belonged to Mr. Fowke, Maha Rajah, or Rada Churn?—I do not know whose they were. Why should they belong to any body else but one of them? They called me to come back; sometimes Maha Rajah, sometimes Mr. Fowke, and sometimes Rada Churn, wanted me.

Why did you call Duoy, when Mr. Fowke and Maha Rajah were getting into their palanquins?---Because they had taken from me, by force, a false barramud. Why should I not call out?

In what language was the furd written?--In Persian.

Had you ever seen the hand-writing before? ---No.

Did you form any opinion then whose it was?---No.

When Mr. Fowke asked you, if you had paid the sums of money to Mr. Barwell, why did you say yes?--I said so, because I knew he wanted barramuts, and in saying so I should get free.

Did you ever give those sums to Mr. Barwell, or any other sums of money?—No,

never.

Had you ever any quarrel with Mr. Fowke?