(Note: Chambers' writing)
Thursday 16 June 1785
Humphrey Sturt Esq
The indictment charges him the Prisoner with murdering one Munsa by beating with sticks, at a place called Ranny Tablaub of Bahar
There are two Counts in the first of which Mr. S. is charged alone with feloniously assaulting, killing & murdering the deced with a stick; In the 2d Count he is charged that the Prisoner with divers other persons to with [ILL] s; [& sevl parts of the Body are named on each Count, of on which, he is said to have been beaten from the 3d hour in the afternoon till nigh the 3d hour of the night] and that the Prisoner was present aiding & abetting the said other persons unknown to commit the said Felony & Murder.
+ a And sevl prout
And Lastly the Jurors present that the Prisoner was at the time of coming – the said murder a British Sub: resident in Bahar & subject to the Jurisdon of this Court.
Plea Not guilty
By the Prisoner’s desire Mr. Lockhart Gordon, Mr. William Dunkin, Mr. Church & Mr. Hull were admitted to be of Counsel for the Prisoner.
On the part of the Crown Mr. Davies and Mr. Thompson advocates for the E. I. Co were employed by the Governor General & Council to employed conduct the prosecution.
Feiz Ullah – a Turesewar being produced as a Wts for the K. Mr. Dunkin on part of the Prisoner objected to his competency because it has appeared by the state of the case as opened by Mr. Davies that this is one of the persons who actually inflicted the strokes of which the deced died.
Now – no comd can justify Homicide – if A: commands B. to beat C – he does so & death answer, it is Murder in B. & A. if present is a principal aid & abetting if absent is an Acc: before fact 1 H: Hist: P: C. 435 – 6.
Mr. Davies replied that accomplices frequently are recd & are undoubtedly legal Wtses, & that it [ILL] be [ILL] – if [ill] this country, the Servant who kills another by his master’s order should be pund & the mastr escape.
[ILL] proper that before the Wts were examined the Prisoner should be proved to be a British Subj: resid in Baha & some [ill] proved by [ill] Wtses [ILL] tend to corroborate [ill] I believe him to be an English man but I don’t know it.
Bhowanny a Pausban
I know the Prisoner, I saw him at Kanny Talaub in the Zilla of Patna, in the month of [ILL] Cheyt. It was about the End of Phaugun or beginning of Cheyt that Prisoner was a hunting there Deced, Munsa, and I were not servants of Prisoner but Pausbans or Chokiday appointed by Ahmed Ally Khan [ILL] Foujdar Munsa was [ILL] & beat by Prisoner till he died.
What I saw is this; Prisoner came near to a Tree, ordered Munsa to be tied to it; his hands were accordingly tied to it.
2 Turesewars, 2 Khalassies & the Gentleman beat him. About 4 gurries of the day remained when he was tied. I was about as near as I now am to the Jury. When the deced hands were tied & the Tureswar began to beat him, Prisoner asked where is the boy, Munsa answered “I don’t know.” This was before they began beating him.
One at a Time beat him – 1 a Turesewar, 2dly another Turesewar, 3dly a Khalassy & 5thly the gentleman. When one of the Khalassies beat him somewhat gently, Prisoner took the Chaubuck out of his hand & shew’d him how he should beat & he then struck hard.
What I called a Chauduck was a slip of Bamboo, flat & as broad as 2 fingers.
There were 4 Gurries of day remaining when they began to beat, when it grew dark there was an Intermission till Mushaals were brought, & then they beat on. During that Intermission Mr. Sturt went to his room (or Tent) leaving Munsa tied to the Tree; before he went he asked Munsa again where the boy was, he answered as before, Mr. Sturt said I will give you time to consider. Do you consider well.
Prisoner came out of his room & told Turesewars to bring Mushaals & beat again. When the Turesawar had given about 5 strokes he said the man is Key which may mean either giddy or faint, the Prisoner asked if he had drank anything intoxicating, the Turesewar answered, “No – he is key from beating.” Mr. Sturt answered you lie you Baitechut he must have drank something – The T- replied “No he is faint from beating.”
Upon this cessation.
Munsa said the Chumars are of the same cast with the boy they must know where he is.
A [ILL] & a Khal[ILL] sent to bring a Chumar & they brought one whose name is [Bhon?] Prisoner asked him if the boy had not [ILL] it his house. The Chumar answered no, he knew nothing of the boy. Mr. Sturt threatened to beat him, but he persisted that he knew nothing of him. That Chumar was confined &c then Prisoner turned to Munsa & said you must produce the boy or tell me some one who knows where he is. He named one Dewally Chokedar.
A [ILL] & a Khali went for him when the first Chumar came Munsa [ILL] tied to the tree.
The beating ceased when Degally Chok was sent for.
About an 100 strokes might be given after the Turesewar said he is Key [ILL].
When the Prisoner sent for Dewally the beating ceased, & Prisoner went to his Tent, leaving Munsa in the care of a Khalassy who carried him to his own tent. Prisoner bid Kh untie him & take care of him till Degally came.
Degally was sent for abt one Gurry of the night & came about 2 Gurries. When the calassy carried him to his tent, I staid there close by. I was chokedar there. he was dead when Degally arrived.
When D: came he was carried into Mr. Sturt’s Tent. Mr. S: asked after the boy & if he was not in D’s house – “No, -- who says so?” A Chokedar “What Chokedar?” Munsa – D still denied & a H. was sent for. Munsa, who went & took him by the hand & shook him, & said Master wants you. But the Hevc: found that he was dead. He came & told Mr. S. so. Prisoner called for a Mushaal & he & his brother went to the Place where Munsa lay, & then ordered the Khalassy to take care of the body for that Evening.
I can not pretend to say how many strokes the deced might rec: in the whole what I said of about 100 strokes was after candle light. The strokes in all were innumerable.
Neither Munsa nor I recd any wages, but we held Chokidarry lands given by the King in consideration of our performing the duty of Ransbans.
Only one Chau[ILL] at a time.
The last person who beat the deced was Prisoner.
After the first intermission of beating when Mr. St: came out of his [ILL] he asked. Munsa about the boy but did not offer any reward. When he was first brought before Prisoner – before any beating Prisoner [ILL] Munsa [ILL] to [ILL] the boy [ILL].
The names of those who beat deced, beside the Prisoner were
Mahan Khan, Feiz Ullah } Turesewars
Dhoomun, Kheiroo } Khalassies
When the [ILL] for accusing him about the boy, as he knew nothing of him.
I don’t know about hour [ILL]
The ql with Chumar was after deced became faint, deced gave only one or 2 answers to the abusive words of Chumar, but did not return the abuse.
The beating began when 4 Gurries of the day [ILL] ceased about 1 Gurry of the night when Degally was sent for. In that space of time there were two intermissions – one of 3 Gurries [ILL] Gurry. So that [ILL] the beating took up one Gurry.
I used [ILL] to go a hunting with Mr. S: & I used then to rec: 2 pice sometimes 2 pice & sometimes nothing – both for hunting & [ILL] him & [ILL] at night. For every night I used to re: into my charge Mr: St. – & to restore them in the morning. If I had failed to do so, I should have expected [ILL] – It is [ILL] who [ILL] to his charge, with a Bamboo chaubuck.
I say positively that Munsa was beat after the light was brought
Prisoner’s Khansumon is named Sambohoo, he is a Hindoo. I know the [ILL] but not his name. I know the Coachman his name is [ILL] I know the [ILL] has Sambohoo was not present Munshy was – Clerk was not he came in the Evening when the [ILL] was brought: but he soon went away, He saw the last beating which was by Prisoner.
Clerk did not come till after candlelight. Prisoner [ILL] was also present when the light was [ILL] but [ILL] before. He must have seen the last beating. The Khans: was not [ILL] any part of the [ILL]. He was in [ILL]. I know: Sheik [ILL], he is a head Scisse he was not present at any part of the time.
Degally’s house [ILL] a Bowshot [ILL] from the place.
When I spoke of 4 Ghurries [ILL] by a Gurry the 4th part of a Phar.
When Degally came there were only in the Tent Prisoner [ILL]. The Munshy was not [ILL] at that time, he was sent for, & came as the [ILL] were returning from seeing the dead body of Munsa.
I was present at [ILL] [ILL] I never recd a Pice -- [ILL] had good [ILL] he gave me 3 pice, if other [ILL] 2 [ILL].
I was sent down by Mr. Mercer in a boat; & others came with me on the same errand. No one promised me any reward for coming or told me what to say. I am come before this Tribunal as before the King. I have lost my country man &c
Exd: in Reply.
I was [ILL] Sturt – The Pice that I recd you may consider as wages or as a present as you please. Our chokidarry lands are given us on condition of [ILL] on Subahdars. Gentlemen & persons in authority when they pass through our country, of guarding their effects, returning them safe when entrusted to us & conducting them thro’ our district. In case of neglect by which goods [ILL] custody of a Chokidar are lost, the Gent whose goods they are may come upon the Foujdar for the value, if not, he sometimes calls the Chokidar.
If he comes upon the Foujdar, he will confine the Chok: to oblige him to pay the val: if he can, & if he can not he will release him. The Pice that I spoke of are 4 or 5 to the Ana [ILL] to the rate of Exchange. In my country we [ILL] 4 Gunies to the [ILL] & only 16 from [ILL]
3 Wts John Auriol
I’ve known Mr. Sturt all a year, I don’t know what countryman he is. He speaks French & English. I have heard him talk I acknowledge of his relations [ILL] & of his father. I have understood from conversation with him that his father was in Parliament. [ILL] &, I believe he
4th Wts Sheik Feiz Ullah.
I know Mr. Sturt [ILL] that [ILL] 18 Coass from [ILL] district of [ILL]. He usually lived at Patna. He went to Ranny [ILL] for the purpose of hunting.
I know Munsa, he is not a [servant?] of Prisoner but a Chokidar; Prisoner [ILL] been out a hunting & brought in 4 Hogs, which he sent to the Kitchen, & then spoke to an European Cook, that they [ILL] know [ILL] M. Khan inquired of [ILL] [ILL] of Munsa what [ILL] belonged. I afterwards [ILL] a Servant of Prisoner carry Munsa before Mr. Sturt, they [ILL] I don’t know. [ILL] & Prisoner called for a Chaubuck of Bamboo [ILL] [ILL] the boy [ILL] [ILL] the deceased. It was when the Prisoner first beat the Deced 2 Phars of the day were gone When he gave us those orders it was about the 3d Phar of the day.
We both beat him together with Chaubucks, I mean [ILL] slips of Bamboo. I called the [ILL] the time we were beating, he said to Munsa that he must produce the boy. Then he said “strike him hard” He said so twice.
Both the beating [ILL] himself & the first beating [ILL] was before dinner. [ILL] I was beating, Mr. Sturt took the Chaubuck out of my hand & beat him himself.
I ceased only because Prisoner took the Chaubuck [ILL] of my hands, [which?] he did so because I did not strike hard. Prisoner beat for a little while [ILL] to beat him. They did so. While they were beating Munsa, he said to the Prisoner “Let me go to search for the boy, & [ILL] Sing & Hannooman Sing [ILL] will be security for my [ILL].
Prisoner did not attend, to this, [ILL] beat him accordingly – the Khalassies continued to beat him.
Munsa then said, “I have a daughter 6 years old whom I will leave in your custody as [ILL]
While the Khalassies were beating, he [ILL] become [ILL] Zaiff. The Prisoner said I don’t know what you mean, M. K. replied by much beating he is become [ILL] or Keyf. Prisoner spit on the ground & said that is a lie.
Munsa said a Chumar who lives at [ILL] of the boy Prisoner [ILL] [ILL], we were all 3 [ILL] in [ILL] going & returning. When we were sent, Prisoner ordered the beating to cease.
When we returned the Prisoner was walking in the [stable?] & Munsa tied to the same tree. We carried the Chuma [ILL] to the place where Munsa was tied. The Prisoner asked if this was the Chumar. Munsa answered yes. Munsa said to the Chumar You must [ILL] is run away [ILL] I know nothing [ILL] are a liar.
The Prisoner ordered the Chumar to be tied up to the same tree & he was tied, & the Prisoner beat him. The Chumar [ILL] insisted that he knew nothing of the boy. Then Munsa said that “[Deywally?] who lives in the village of Pandowly, knows something of the boy.”
Munsa continued tied to the same tree, & when the Khalassies by Prisoner’s order began [ILL] I have said. This was in the dusk & when light was brought Deyally was sent for & the beating ceased. When we went away M’s hands were tied.
When Deyally was brought I did not see him untied but I saw the Khalassy carry him to his own Place about 1 Gurry after Deyally was sent for. He arrived 1 Gurry after that.
When Deyally was when Munsa got to the Khalassy’s place, he asked for his cloth, wrapt it about him & lay down under the Tree. When Deyally arrived, information was given to Prisoner of his arrival. Mensa was then dead: I went with the prisoner and saw the body. The Coachman who was [ILL] his [ILL] the stomach water came out of the mouth. Prisoner ordered the body taken care of. In the morning, [ILL] came to take away his body. We [ILL] till Mr. [Sturt?] but [ILL] the Munshy [ILL] prisoner; he [ILL] & they might take [ILL] & said Gentleman [ILL] naming that they [ILL] the prisoner would give them some money to burn the body they would not [ILL] answered “I can say nothing to this. I will go & tell the Munshy who manages all the Prisoner’s [business?] the Munshy came & asked what they wanted, they said Rs. 500.
Munshy went & [ILL] & said [ILL] [ILL] the Coachman came & said I will give Rs. 50 they agreed to take it & to [bury?] the body. Hunnooman Sing & [ILL] Sing, the Zemindars said they ought to have something. Munshy carried this message & coming back the Prisoner would not [ILL] anything to them.
After a little beating, the deceased named Deyally.
At the time when the [ILL] were brought, the Classys were beating the deceased. After the [ILL] light were brought the prisoner took the Chaybic and gave the deceased a few strokes not a hundred. He then named Dewally. [ILL]
The prisoner did not order his hands to be untied but ordered him to be taken care of till Dewally came. The decd untied his own hands and sate down on the ground.
The Prisoner did not in my presence order any victuals for the deceased. I continued there until the Prisoner retired to his tent. I then went to my own place.
Two of my Classys went for Dewally. I did not go for him. The Prisoner did not come out of his own tent till Dewally came. I did not come out of my [ILL] I was in [ILL] I took no notice of what passed abroad.
In my own place I heard nothing that passed nor could I hear what passed in the tent of the prisoner. I could hear what passed in the Classy’s place: if there was fire, by the light of which I could see what passed in the Classy’s place; but could not see persons passing to and fro there. I could see the Classys carrying Mensa by, because it was near the Classies, held him by the arm, he walked [ILL] himself, but could [ILL].
He had bruises on his body, & on that account he [went?] lame. I did not hear him call for his clothes ([ILL])
Mr. Sturt paid me 8 rupees a month, and the other Turesowar, 12 Rs. 1 never received 12 Rs. I was certainly his servant. Mensa was not his servant. Whenever the Prisoner went hunting he ordered Munse something 2 sometimes 3 pices. It is usual in the country that such people as Munsa should watch for the gentleman who [ILL] Munsa was so [ILL] by the [ILL]. He has [ILL]
The attendants [ILL] gentlemen are deemed to be their servants [ILL] Mense was allowed [ILL] we [ILL] the property of gentlemen. That was his duty. He was sometimes [ILL] watch Mr. Sturt’s property. Such Chokeydars [ILL] certainly receive chastisement if any thing under their care is stolen.
During the intervals when Mense was not beaten, the prisoner continued there all the time till I was sent to bring the Chumars. There was [ILL] of the beating, while I was there.
In that interval the prisoner did tell the deceased that he must discover the boy & that he would beat him if he did not discover; that, if he did & told the truth, he would not beat him, but reward & protect him. The Prisoner. The Prisoner, when the deceased named the Chumars, said something that I did not hear. He gave no orders at all that I heard at that time, nor at any time in my presence. about binding or loosing him.
I know the Prisoner’s Munshy. When Mr. Sturt was beating the Munshy was present from the first beating till I was sent for the Chumars. The offer of a security, namely, his daughter or the Zemindars was made before the Chumar was brought. The Munshy stood very near the place, where Mensa was; and the Munshy must have heard such an offer, but I cannot tell whether he did or not.
I know [ILL]: he was not present at any time. I am very sure [ILL] I know the prisoner’s coachman. He was present at the beginning, & went away immediately. After all the beating was over, the coachman returned.
I know the Cook. I know the prisoner’s brother.
That morning I went out hunting with the prisoner. I took the number of hogs killed. The place, where the last hog was killed was very distant from the tent of Mr. Sturt. He went round about in the jungle, & I know not how far; it was might be three or four coss. I came home on horseback. I was present when the last boar was killed and was about four gherrys riding home and I arrived with the prisoner long after my master went away; on my returning home, it was generally my duty to count the coolys, & people, before I came home; and, by my reckoning the number my master paid [ILL].
On that day as I was on horseback I came back with the prisoner; but an Hircarrah stayed to count the people by my master’s order. my master went [ILL] some he alighted towards [ILL] cook’s tent, before he went to his own. He went near the cook’s tent. The coachman cook made a complaint is English, which I did not understand. I knew the cook had lost his boy, & enquiry having been made for him, I guessed it was a complaint on that subject. I said nothing to the cook before the prisoner. Mr. Sturt went out hunting at dawn of day.
I had not then seen the cook. I heard [ILL] the near the place, where the tent was, that the cook had lost his boy [ILL] the Saise took two [ILL] out [ILL] morning, they were talking of the boy. I do not recollect whether Sais mentioned it.
I have never been employed by other gentlemen to flog a man: I have before seen a man flogged. The punishments I have seen were ordered by Europeans and by natives. The instrument [of?] punishment was what the master ordered; a stick or a whip. I have seen others beaten with as large a stick as was used for Mensa. It was not uncommon. Mensa was of middle age, neither remarkably strong nor remarkably weak.
The deceased walked staggeringly. [ILL] Gurta Gurta,
It was not by Mr. Sturt’s Order that the Message was sent to the relations that Munsa was Dead.