(Note: Hyde's writing)

5th Wts
Domun Sing
Shaik Domun.
Sworn on the Koran.

[Mr. Dunkin, observed that this Witness was one of the Khlashees, and his Objection to Witnesses, who were themselves Guilty of beating applied to him.]

I had been two or three Months in this Gentleman’s Service when this Quarrel happen’d. Munsa was a Chokedar placed [ILL] the cook’s Tent. Munsa did not go out hunting that Morning. After the Prisoner came home from hunting a Calashee was sent to fetch Munsa. Another Chokedar fetch’d Munsa. Munsa was brought and went into the Tent. The Prisoner the Munshy and Munsa came out togather.

The Prisoner call’d out is any one here, on which I and two more Calashees ran to him. The Prisoner said bring a Chackbuck, one of the Calashees, first brought two Chabucks the Prisoner beat Munsa, and afterward Munsa was tied to a Tree. Then the Prisoner again call’d and two Trookswa’s came. The Prisoner order’d two Rup to be brought out of the Tent the Prisoner put the two Rup into the Hand of Munsa and said here are two Rupees you must bring the boy, Munsa said he knew nothing of the boy, where he was gone. The Prisoner said you must produce the boy or I will flog you. Munsa said You may do as you please. I know nothing of the boy. Then the Prisoner ordered the two Trookswa’s to beat him and they both beat Munsa. One of the Trookswa’s [ILL] beating struck the finger of the other: the one whose finger was struck [ILL] the Prisoner room a Chabuck from another and beat Munsa. I can not ascertain how many blows Munsa had rec from Mr. Sturt and from the Classies, when Mr. Sturt left off beating and ask’d him whether he would now tell where the boy was: he said he could not tell his Mother and Father have taken him away. The Moonshy said you must search for the Father and Mother and find the boy, or the Master will flog you. Munsa said I do not know which way the Father and mother have taken the Boy. The Prisoner said if you do not tell me I will flog you. Then the Prisoner bid me beat him and I did. Before this the Prisoner was beat a Quarter of a Ghurry (about 5 minutes) I beat him half a Ghurry.

The Prisoner then bid me stop. Mr. Sturt again said Banchoot tell me where the Boy is gone: The Prisoner said I do not know where the Boy is. Munsa said his Relations live in the Village send for them they must know where he liv is. I went to the Village, with another Calashee to fetch the Relations at that time four or Six Ghurries of the day remain’d. When we brought those Choomars back Mr. Sturt the Prisoner was walking in the stable. It was dusk. Mr. St Sturt order’d us to carry the Choomars to the place where Munsa was: we left Munsa tied to the Tree when we went to the Village: If Mr. Sturt order’d me to tie a Man to a Tree to flog him, I should not untie him without orders, because my Master was present: I should not dare to untie him for fear: Orders were given to the Calashees to take care of him: he was then tied and they could not untie him: the order to take care means not to let him run away. The Choomars were carried to that place, and a little time after Mr. Sturt came: One of the Choomars was tied to a Tree, the other was tied and deliver’d to my Charge. The Choomar who was cha tied to the Trees abused Munsa, and said you got beat yourself, and you want me to be beat.

The Prisoner ordered Mahomed the Trookswa to beat Munsa: Mahomed said Munsa is Mud-wallah, drunk or giddy with drinking.

Kaif was also a word used: Mr. Sturt ask’d the Meaning, and he was told it was faint. Mahomed also said you must not beat him any more you had better take his security and let him go and seek for the Boy. Luchmun Sing and Joomun Hunnoomaun Sing are Zemindars they will be his Securities. Munsa said I have a daughter Six years old, you may keep her confined till I find the boy: this Mahd Khan told the Pris: The Prisoner said I will take no security, you must tell me where the Boy is gone or what you have done with him. They the Prisoner order’d Mikoo Calashee to beat him again. Mikoo continued to beat him for about a Ghurry or a Ghurry and an Half. The Prisoner was present. The Munsa while Mikoo was beating said stop and I will tell you where the boy is. Mr. Sturt bid Mikoo stop. Then Munsa said he is gone to Pauley a Village. But as Mr. Sturt found by his naming different places that he was telling lies, Mr. Sturt took the Chabuck and beat Munsa.

The Mussauls were then there. Mr. Sturt beat him only a little time. Afterward Mr. Sturt Order’d One of the Choomars to be untied, and to go with the Chokedar to fetch Deyally. Mr. Sturt order’d the Calashy to take care of Munsa, and Mr. Sturt went to his Tent. I took the Chuwmmar under my Charge to my place, which was nigh to the place where Munsa was tied whether Munsa untied himself or the Calashee untied him I do not know. Munsa was tied [ILL] cover’d with a Blanket. I did not see Dyally brought I saw Munsa after he was dead. I saw the dead body at Three Hours of the night.

X Cross-Examined.

I related this Story to Mr. Mercer: I have considered this four or five times to refresh my memory I never repeated it. I am acquainted with all Mr. Sturt’s Servants.

Mr. Clark, his Coachman, I saw Mr. Clark there after Munsa was dead, but not before. The Cook was not there after Munsa bo was dead.I saw the Cook. The Munshy was there all the time at the beating: I did not see the Khansummer there at any part of the beating. Shaik Ramzanny was not there during the beating, he was there after Munsa was dead. Mr. Sturt’s brother was not there at the beating, he was there to see the Decd body. We went while it was day light to fetch the Chummars, it took a great deal of time, five or six Ghurries, when we came-back it was dusk. If the Moonshy had brought Orders from Mr. Sturt we should certainly have obeyed them, and if any other Servants had brought Orders we should have Obeyed them. Simboo brought me no Orders, he never brought me orders to untie the Man, when the beating ceased I was not there. Orders might have been given to untie, but I did not hear the Orders. I do not know the Munshy is dead. The Moonshy must hear as well as I, what Munsa said. If Munsa said any thing about Security the Munshy might hear it as well as I.

Mr. Sturt offer’d a reward before the beating, but not afterward. The Rupees were after the beating was begun. Mr. Sturt did not offer protection, agt any that might be offended, if he told the truth. Mahd Khan offer’d the Zemindars for security. After the Mussauls were brought the Calassees beat Munsa, and Mr. Sturt also beat him. On his receiving a few stroakes he named the other Chokedar. The Prisoner first went to see the dead body, afterward the Prisoner’s brother, the Coachman and the Cook went

(Note: Chambers' writing)

6th Wts M

I have [ILL] since he [ILL] to Patna, when [ILL] [ILL] went for that purpose, [ILL] [ILL] was Ranny Talaub where this happened I do not know any body by the name of Munsa, nor do I know the name of the person who is dead.

Mr. Sturt being at R. Talaub went a hunting, when he returned he went [ILL] with his cook what passed I don’t know. Mr. S: called me & asked who was choky here at the Cook’s tent. He bid me inquire, I [ILL] the Chokydars & they told me a Chokydar Lullhar. By Mar’s order I sent [ILL] & Bundoo Chokydar for that Chokydar. They could not find him. The Cook sent a Chokydar, who was in the Service of the prisoner to find the other (of [Lutihar?]) he did so & carried him [before?] Mr. Sturt. His Tent to [which] he was carried might be 200 paces [from] where I was. How [ILL] know. [ILL] but I don’t recollect how long they were [there before?] Munshy, Prisoner and he Deced.

A Khalassy brought 10 or 12 Bamboos which had been prepared for making a cage. Mr. Sturt took one and began to beat the Chokydar, who had kept watch over the Tent of the Cook. Prisoner having beat him ordered Kheiroo Khalassy, to tie up the decd & he did so, by the hand to the bough of a Tree. Prisoner called out who is here, I & Sheik Feiz Ullah came up & he bid us beat the Deced. We [ILL] beat together at first, but Feiz Ullah’s Bamboo hit my hand & I sat down. Prisoner smiled laughed.

Prisoner then took my Bamboo & beat him some time, then Doo gave it to [Doomeen?] Khalassy ho beat the [man]. The Prisoner was much enraged by what had been said to him by the Europ: Cook, how long the beating last I can’t exactly say. The beg: of the Beating was when 1 Par & ½ of Day remained. We had no Clocks it was in a jungle.

I believe I had given him about 15 strokes before I received the blow on my hand. I cannot give any account either of the No of blows or of the Time.

Feiz Ullah gave over and the Prisoner said Buss hooa. I mean that the Prisoner said Buss hooa it is enough & then Feiz Ullah gave over. The Prisoner then ordered him to give the Chaubuck to Meikoo & ordered Meikoo to beat the Deced, he did so & while Meikoo was beating he asked for water [which] Prisoner caused to be brought & given to him, By an Hercarrah. He drank a great quantity, the vessel would hold 4 Seer & he drank it all at two or three different times. The Prisoner asked if he had a mind for more. No. Then the Prisoner asked again where is the boy. Tell & I’ll release you. he said the Father 7 Mother had carried him to Pawly. Being then asked if their house was at Pauly he answered. No. The Prisoner replied you don’t speak Truth & shew the place where the boy is [ILL] to. The Prisoner then said He’s telling lies, beat him. The Chokedar then said that a Chumar who lived a Gal could tell.

They beat him accordingly & when they had done so about a quarter of a Gurry, when Chokedar said that a Chamar at Kaub could tell. Prisoner sent Feiz Ullah & Khalassy for him. At this time the Chaubuck was in the hands of Prisoner who continued to beat him. I then spoke, & said Sir the [man] seems to be intoxicated with beating & to be numbed. The Prisoner said Pooh he is not intoxicated. I replied Sir he is not intoxicated with liquor but but with beating. [ILL] I then told the Prisoner Sir there are several Zemindars here in the neighborhood, send for them, & take the Security, & release the man that he may seek for the boy. I named two particular [ILL] Sing & Lutchman sing. The Prisoner said he would take no Security.

I said if you take Security & release the [man] and he runs away, the Securities will be answerable & you may demand the boy of them, & on failure confine them, if they run away, the obligation descends upon their Children. “I don’t want security, I want the boy.” He then said to the Chokedar, I won’t take any Security, find the boy; & continued to beat him ¼ of a Gurry more, when Feiz Ullah & Meikoo return’d with 2 Chumars. Prisoner asked them if they knew whether the parents of the boy had fled with him or who, and to what place. They said they knew nothing of the matter. This was after candles were lighted.

The prisoner breakfasted after his return from hunting, which was about 3 Gurries after noon: And began to beat after breakfast. He did not dine that day.

When [ILL] Gurrys of the day was remaining, Prisoner ordered a Khalassy to watch the Chokedar & he bid the other servants go and get their victuals, & he hims: went into his Tent to eat. I said before that he did not eat Do Parkay Khana that day, bec: he did not eat victuals at 12 o’clock. Dinner was ready before; but, as he was busy beating the man, he did not eat it till then.

After taking his victuals he returned & began again to beat. When he ordered us to go & get our victuals, I went to my place under a Tree. I staid there a Gurry or a Gurry and ¼ & then returned, when the gent: returned to the place where the man was tied up. The 2 Chumars were then come, Prisoner beat one of them with his own hand, bec: he denied that he knew where the persons were that took away the boy, or where the boy was. The one other Chumar said he knew I That Chumar asked the other if he knew; & he answered I know the Gr. Father of the boy he lives at Suddura.

Prisoner gave orders to Beharry & Meikoo, to go & find the Grandfather of the boy. His name was not mentioned: But afterwards stopt them & bid them go to Panowley for one Deyally; because the decd said that the father & mother had been some two days at Deyally house, & on the third had taken the boy. They went, the Gent: ceased beating, & we all retired. This was one Gurry & ½ of the night, Prisoner ordered Kheiroo to take care of the Deced. I left him tied up to the Tree.

My place was as near to that Tree as the length of this room. I did not see the body after he was dead.

(Note: Hyde's writing)

X Cross Examined by
Mr. Hall

I lived with Mr. Sturt about a year. We were out on this Hunting Party a Month or a Month and an half.

The Chokedars have different stations. I never saw the decd. I did not before know the deceased. I never paid him Wages, by orders of my Master.

When the Gentlemen went a Hunting there were many Chokedars attending. I can not say that I knew this Chokedar. He was Chokedar of the Village of Lookk. There were other Chokedars of that Village. I can not tell whether the purpose of setting two Men to beat the deceased at [once?] was to have the Man beat [ILL] one part of the body. We did not beat both at once but by turns: Mr. Sturt gave no reason for ordering two to beat. He order’d us to beat on the back.

I said so, and he did drink four seer of Water. The Gentleman sent for two Rupees and said find the boy. I will give you two Rupees. This offer was made within the Tent that I did not see, afterward it was made without the Tent, that I saw both before and after the beating. Both before and after he was tied up. The Gentleman himself beat him before he was tied up. He beat him about a Quarter of a Ghurry. I can not judge how many strokes he got in that time.

There were Mango Trees and Brush Wood between me and the deceased. I was distant the length of this room. I did not count the blows.

When the Gentleman beat him before he was tied up. I saw no Servants there, but the two Classes. When he was tied up the Moonshy was there and some other servants but neither the Coachman nor the Cook, nor Mr. Sturt’s younger brother never came out of the Tent at any part of the time. After the beating was done, at night both Mr. Clark and the Cook came.

The stick was about a Cubit and a half long, and was flat, and about as short thick as this, [shewing a very slender stick]

The Gentleman himself paid the Wages of his own Servants. The other Chokedars, when Mr. Sturt was well pleased with their service in Hunting he gave them four Pisas, if he was little pleased he gave them two. I do not recollect that Mr. Sturt asked the Servants about whether, Munsa being Chokedar [there?], must know of the Boy’s going off.

When the Gentleman came out from the Tent with Munsa I was under my Tree.

After the beating began I was there, Faizoollah was there, two Calasses Doomun and Dhyroo. Mr. Sturt’s Head Bearer [Keesman?] [ILL] Hircarrah named Busty Mikoo a Calassey was also there. Goosab was employ’d preparing the Bamboos. Other Persons might be there but I saw no others I was examined by Mr. [Metler?] at Patna. I do not remember what I said there. I recollect some thing I said then which I have not said to day, about [ILL] Rupees [ILL] [ILL] the body, at first [ILL] the Calasses would not let them take it but said they must wait for the Master’s order. The Gentleman gave Order that they might have the body: they took the body away afterward, one of them return’d and said they [ILL] but they want some thing to make it up. I said the Moonshy was a proper Man, my Master would do as the Moonshy advised, some ask’d more some less. Mr. Clark said I will give fifty Rupees, this offer was accepted and they were about to execute a ferrakhutty or release; to Moonshy desired them to go to the [ILL] and bring a [ILL] to write the Furrkhutty, when they came back the Zemindars [ILL] and the other came with them, and said the Murder was committed on their Land and they must have some thing, they ask’d no certain sum but they said it was the Custom they should have some thing.

Mr. Sturt said, the Fifty Rupees he gave was for the deceased’s Children, but he would give nothing to the Zemindars. On this they went away with the body and complain’d.

What I said before Mr. Mercer is true, and what I now say is true. They may differ in words but not in substance. I declared before Mr. Mercer that Clarke was there after the beating. Clarke was there at the latter part of the time, when only five or Six blows were struck. Whether I said so before Mr. Mercer I can not recollect, but I now remember Clarke was there at the latter end.

I was not there at the first of the beating, I was at my own place. I saw from that distance.

Examined by Sir Rob. Chambers.

Mr. Sturt’s Moonshy was there during all the time of the beating: I said to him you receive forty Rupees Wages, why do you not make the Master sensible.

After I left off beating because my hand was hurt, Mr. Sturt beat the deceased and Faizoolla beat him at the same time, and while Domun beat him Fyzoollah continued beating him. I do not remember that I said to Mr. Sturt, the Man remains confined, will you not finish his examination. The Moonshy might say so.

(Note: Chambers' writing)

7th Wts. Kha[ILL]

I am a Kalassy; [ILL] the Prisoner. I was 3 month in his Service, & was so in Phaugun [ILL].

He went at that time on a hunt near Ranny Talaub. I do not know Munsa by name, when living, but I have heard that was the name of a Chokidar who is dead. That Chokidar was placed to watch the Cook’s tent a boy disappeared in the Night, for [which] the Chokidar was beat & died of the beating. Mr. Sturt returned [from] hunting about noon & alighted near the Cook’s room. The Europ: Cook said some thing to Mr. Sturt, & about 2 Gurries after I heard him call for cords. (I mean Guirees of 4 to the Par.) I carried cords & Prisoner ordered me to tie the hands of the Chokidar who is dead. I fastened his hands to the branch of a Tree. His hands were tied on a [leash? Lead?] with his mouth.

Mr. Sturt bid me bring 2 Rupees [which] were on a Table, I did so & Prisoner offered to put them into his hands, & said I won’t beat you, tell where the boy is & take the Rupees. “I shall not be able to find him” – & refused the Rupees. Mr. Sturt asked Munshy what does he say, Munshy explained it. Prisoner said I want to give him those Rs for something to eat & if he don’t produce the boy I’ll beat him.

The Chokidar still refused to take the Rupees, & the Munshy explaining what was said Prisoner called out who is there? & [ordered?] Chaubucks to be brought. Meikoo brought 2 in his hand, Prisoner took one & struck deced 5 or 7 blows. Prisoner then ordered 2 Turesewars to beat the deced, the names Mahommed Khan & Feiz Ullah. They did so both together for a little while & both left off together & then 2 Khalassies were ordered to beat. When 5 While the Turesewars were beating Munsa, Mahommed Khan received a blow from Feiz Ullah. Mahommed Khan left off beating thereupon, Feiz Ullah also stopt after giving about 10 or 12 blows more. Then after Sturt ordered the Khalassies to beat. When he had received 10 or 12 strokes [from] them he cried out stop, don’t beat me, the boy’s relations live in a village called [Kaub?].

Prisoner ordered them to cease beating & persons went to fetch the relations. Prisoner went away when 6 [ILL] Gurries remained of the day, & went into his tent. And every one went to his own place. I don’t know when [ILL]

The rela persons were brought from Kaub about the time of lighting candles. I saw Mr. Sturt, when these men were brought, come to that place. When Mr. Sturt went to his tent, the man remained tied up & did so till they came from Kaub. His head was higher than the branch. No guard was left over him.

Mr. Sturt seeing that the Chokidar was untying his hands with his teeth said to Mahommed Khan you must take care of him. This was before the Chumars came. We made a noise & told him not to unty his hands. He desisted.

When the Chumar came, one of them was tied to the same branch; & Prisoner gave him 10 or 12 strokes with a Chaubuck. He cried out Durhai Saheb the Dozak (meaning deced) accuses me falsely, I know nothing.

The Prisoner ordered his hands to be untied bec: it appeared that deced accused him falsely; & order’d Meikoo to beat Munsa. He then acknowledged that boy’s Father & Mother had had taken him to the village of Pauly. Prisoner: why did you not tell me when they came here for that purpose. Munsa – Father & Mother of boy lived 2 days in the village where Deyally lives. Prisoner sent people to fetch Deyally & they did so.

While they were gone to fetch him Prisoner was in his tent. The Deced’s hand were still tied to the branch, I had the charge of one Chum: & Domun of the other. Prisoner [ILL] he was gone away said you must take great care of Deced that he do not run away in the night.

Happening about 1 G & ½ of the night to look that way I saw that he was loose from the Tree, & sitting on the ground. I saw when he untied his hands with his teeth. The other Khalassey & I finding ourselves hungry went to a place near to eat & took the Deced with us. He stagger’d like a drunken man, I took hold of him for fear he should run away. He could stand, he asked for his cloth to cover himself. He complained of his bruises. He said it was cold, Domun went & fetch’d the blanket [from] the place where he said it was, & gave it to Munsa. He covered himself with it & lay down, I do know if. It was then 2 large Gurries of the night.

After the Prisoner cried out & ordered me to bring the man that had been beat I tried to wake him but he was dead. I went & told the Prisoner that he was dead. He answered. it is a lie. He ordered a Mushaal & came to the place, he looked at it & ordered care to be taken that no wild beast should destroy it.

X Examined.

The deced was not beat in my sight till after his hands were tied. He received 2 beatings, I did not count the strokes. He was received only a few after the Mushaal was brought. The Khalassy was the last person who beat him.

Prisoner ordered no straw or victuals for him after the beating. Domun by Prisoner’s orders brought a Lotah of water about ¾ of a Seer. I did not see him drink any more water than that.

I did not expect to find the man dd.

Being asked if he [ILL] knew Prisoner ql with any one, he s

Munsa was not a Servant of Mr. Sturt but a Chokidar, & Mr. Sturt allowed him something for victuals. The business [ILL] Choke is to watch at night & [ILL] was given into his charge at night was [ILL] he is obliged to restore in the morning. If he does not, he will be flogged. It is customary to give 10 or 20 not to flog them to death, this is usual with natives as well as Europeans.

I know Clark Khansuman the Eur: Cook.

Did you see Khansum: after Deyally was sent for.

No; nor when he was brought there.

I received no order by Khansu to unbind Munsa.

After the time when Deyally was sent for, & after he untied his hands with his teeth, he was not bound again. As Master had ordered us to take care he did not run away, I wanted to tie him again but he said don’t tie me I won’t run away. So I did not.

When you were gone to your own place might not water be given to Munsa without your seeing it? I saw none given.

I was present when Mahommed Khan beat him. I heard M. Khan say Char Busty [ILL] had given some water to the deced –

(Note: Hyde's writing)

I have two words more to say: In the morning Doosak came for the body, I forbid his taking it untill the Prisoner was awake. Then he might take away the body. The Moonshy came from his own House and told the Prisoner. The Moonshy ask’d where he wanted to carry the body. He ask’d that of Go Doosa who came to fetch the body, Doosa said he wanted to take the body to burn it. Accordingly Doosa took the body and carried about a [Caur? Coss?] distance. The body was then brought back to the place from whence they took it. Doosak said to Mahomed Khan to tell his Master we intend to carry the body to the River soon to burn it: To ask him for Money to pay the Expense. All the Gentlemen are as one to whom then shall we complain. Mahomed Khan told this to the Moonshy, the Moonshy went and told it to my Master: the Moonshy came back and said the Prisoner desired him to ask what Doosa wanted: Doosa demanded Five Hundred Rupees: Clarke the Coachman was present: he said the Prisoner would not give Five Hundred Rupees, but he himself would give Fifty. Doosa agreed to receive the Fifty Rupees and to take away the body: The Zemindar of Caub demanded Five or Seven Rupees, and said it was usual to receive some thing: The Prisoner said he would give nothing to any other Person but that he would allow Fifty Rupees to the Wife of the deceased for her maintenance. The Zemindar desired the Relations to take the body before the Jemmatdar of the Adaulut, that as the Murder happen’d on his ground he should be brought into a scrape unless he told the Gentlemen of the Adaulut, There upon they took the body away, and carried it away on a Cot. They carried it before the Adaulut.

A Badge Badge Peon took me, and carried me away I was locked up in a room for three Months. I was confined for the purpose of examining concerning this Murder. I was confined by Order of Mr. Mercer who is Judge of the Adaulut at Patna.