and equally important judgment, in the case of Amerchund Burdeechund against the East India Company, wherein a decision is given against the latter (or its functionaries) to the amount of about 175,000l. sterling, of which the said functionaries had unlawfully possessed themselves, under pretences which will be shown in the details of the case. These are given at such length, and with such clearness in the judgments which follow, that further preface is almost unnecessary. We shall merely observe, therefore, that the Mr. Elphinstone named therein has for thirty years past been affecting a great regard for public liberty, and set himself up in India, like his worthy cousin, Mr. Adam, for a Whig, or, on some occasions, even for an Ultra Whig or Liberal!—that the Captain Robertson, mentioned in the same judgment, and who united in his own person the chief civil, military, judicial, and magisterial authority in the capital of the Mahratta empire, Poonah, a city containing 120,000 inhabitants, with a vast tract of surrounding country, was at the time of this extraordinary power being first intrusted to his hands, scarcely twenty years of age! He is now, it is said, not more than thirty; but while time has increased the number of his years, it has decreased the number of the population in the Mahratta states, which, by the help of martial law, (authorized by Mr. Elphinstone the Liberal, to be executed by Captain Robertson at Poonah, a state in profound peace,) and the other blessings of the Company's government, is now dwindled down to about one half its former amount. We may add, that though the English chaplain stationed at Poonah reported to the Government at Bombay, that seven lacs of rupees, or 70,000l. of the property in dispute really belonged to the individual by whose executor it was claimed, they paid no attention whatever to any of the numerous petitions and memorials which this executor presented with his claims; and that, though the conduct of Captain Robertson was also brought to their notice again and again, by memorial and petition, they neither gave redress to the injured individual, nor censured the instrument of the injury, with whom they were so far from being displeased, that up to the latest advices from India in January last, he still held all the offices at Poonah, (excepting only that of judge, which, since the commencement of the action against him, he had transfered to Mr. Anderson,) and was in the receipt of three thousand rupees a month from pay and allowances, besides being considered the richest individual on the western side of India. We had really begun to hope that much of this was passing away, and belonged rather to the days of Clive and Hastings than our own times. But the only difference seems to be, that in those days more was disclosed by the searching powers of parliament and the freedom of the Indian press; while now, though the same iniquities prevail, less is known of them, by the apathy of the legislature and the fettered state of the Indian press. No wonder, however, when such things are passing, that the Indian Governments prohibit all Englishmen, not in their immediate service, from going

into the interior of the 'country: no wonder that they oppose the powers, and endeavour to cast odium on the proceedings, of the supreme courts: no wonder that they transport for life editors or other writers who dare to speak the truth; and that they proclaim India to be not yet fit for trial by jury and a free press. In their estimation she never will be. But let our readers peruse attentively (as they really deserve) the following judgments, of which we have obtained authentic copies; and they will then decide for themselves whether a really free press would not be calculated to do infinite good, by checking, through the fear of exposure, the inclinations of men to perpetrate such spoliations as these.

SUPREME COURT, BOMBAY, Nov. 19, 1826.

Amerchund, Executor of Naroba Outia, v. The United East India Company, the Honourable Mounstuart Elphinstone, and Captain Henry Dundas Robertson.

JUDGMENT OF THE CHIEF JUSTICE SIR EDWARD WEST. This is an action of trover for a very large quantity of gold mohurs and gold venetians.

The plaintiff sues as executor of one Naroba Outia, a Brahmin, who, as it clearly appears from the evidence on both sides, though the fact was at first disputed by the defendants, was a person of high rank and consequence in the Mahratta empire. The defendants are the United East India Company, the Honourable Mountstuart Elphinstone, now governor of Bombay, and Captain Henry Dundas Robertson, of the Company's military service.

It appears in evidence, that in November 1817, soon after the commencement of the late Mahratta war, Poonah, the capital of the Peishwa's dominions, was taken possession of by the British forces under General Smith; and in December of the same year, Mr. Elphinstone was appointed sole commissioner of the territory 'conquered from the Peishwa,' including of course Poonah. In the February following, Mr. Elphinstone appointed Captain Robertson, then a lieutenant in the Company's army, provisional collector and magistrate of the city of Poonah and of the adjacent country, and also to the exclusive command of the guards in the city; and it appears that Lieutenant Robertson had, by the appointment of Mr. Elphinstone, in addition to these functions, the political department, and the judicial, both civil and criminal; all which powers he retained till lately, with the exception of the command of the guards, which in September of the same year (1818) was given to Major Fearon, who, as he states, was placed under the civil magistrate, Lieutenant Robertson.

Mr. Elphinstone, in his letter to Lieutenant Robertson appointing him to these offices, transmitted a copy of a proclamation

addressed by him a few days before to the inhabitants of the Peishwa's former dominions,' and requested him to pay scrupulous attention to all the promises contained in it.' One of these promises is the following sentence: The rest of the country (except what was to be assigned to the Raja of Sattara) will be held by the Honourable Company. The revenue will be collected for the Government, but all property, real or personal, will be secured.' And another of the promises is, that officers shall be forthwith appointed to administer justice.'

On the 17th day of July of the same year (1818), Lieutenant Robertson, being in Poonah, ordered his peons to bring Naroba to him at the Juna-wara, an old house which formerly belonged to the Peishwa. They found Naroba in his house sitting with his wife and children, and brought him away to the Juna-wara, where Lieutenant Robertson took Naroba by himself into an inner room and shut the door; after remaining there for about an hour, Lieutenant Robertson called out Sepoys, come and take Naroba to prison;' upon which the peons entered the room, and Lieutenant Robertson repeating the order, they took and delivered him to the military guard at the door of the Juna-wara, and he was placed in the common jail. Lieutenant Robertson then ordered his peons to search Naroba's house, which they did, and on breaking open the lock of an inner room, found twenty-eight bags of gold mohurs and venetians. Lieutenant Robertson being informed of this, sent a military guard, under a Mr. Houston, for the money, which they brought and delivered to him; after this, Naroba's gomasta, or head clerk, was also brought to Lieutenant Robertson, who took him into an inner room, and after talking with him there a short time, dispatched him also to the jail, and placed him there, but in a different room from Naroba. Lieutenant Robertson also ordered his peons to bring Naroba's papers from his house, which they did.

A short time after this, Major Fearon, the prize-agent to General Smith's division of the army, hearing by report that money had been taken from Naroba's house, called upon Lieutenant Robertson about it, who said, he had his doubts whether it was prize or not prize,' and refused to deliver it up; and it appears from the evidence of Mr. Lumsden, that Lieutenant Robertson, either at this conversation or at one shortly afterwards, said he expected twenty thousand pounds upon all the money of the Peishwa which he had collected. A reference was then made to Mr. Elphinstone, who directed that the money should remain with Lieutenant Robertson, on account of Government, until the commands of the Governor-General should be received.'. The proceeds of this money, which was sold by Lieutenant Robertson for silver rupees, were afterwards paid over by him to the civil and military paymasters of the Company.

I will now revert to the evidence respecting the treatment of Naroba and his gomasta, which, though at first sight it appeared

irrelevant in an action of trover for property, became, as the object of their imprisonment was developed by the evidence, a most important feature in the case.

In the course of the same evening that Naroba was taken to jail, one of Lieutenant Robertson's peons went there and saw Naroba, who refused to take food, which being communicated to Lieutenant Robertson, he observed, there is a Brahmin cook for him; if he will not take his dinner I cannot help it.'

The first witness, whose evidence has been in every particular confirmed by the witnesses for the defendants, states that five or six days after the imprisonment of Naroba, Captain Robertson desired him to order the jemmadar to bring Naroba up stairs to him in the Junawara, and that accordingly Naroba was brought up in the charge of a sentry; that Naroba and Captain Robertson went by themselves into an inner room, whilst the sentry stood outside near the door of it; that he heard Naroba say, he did not owe any thing to any one, and Captain Robertson say, it is the Peishwa's money ;' to which Naroba replied, it is not the Peishwa's money; it is mine;' that Naroba was speaking a little louder than usual, and Captain Robertson spoke angrily; they remained in the room about two Native hours, (that is, about one English hour,) and then the sentry took Naroba away; Captain Robertson saying to the sentry, take him to prison. That he sometimes saw Captain Robertson and Naroba together, and sometimes Captain Robertson and the gomasta. Every other day, or every third or fourth day, the gomasta was called by Captain Robertson, and they had some conversation, and this was continued for twenty days or a month. Naroba was also brought up by a sentry, and was kept one or two Native hours, and then sent back again. The witness some days heard Captain Robertson say to the gomasta, this belongs to the Peishwa, why do you say it does not belong to him?' The gomasta replied, this belongs to Naroba; I do not know whether it belongs to the Peishwa or not.' One day Captain Robertson was angry with the gomasta, and said, 'put irons on the gomasta's feet: then the witness went and brought a blacksmith, who put irons on his feet; they were put on below stairs by Captain Robertson's order. The gomasta was kept in irons about two months and a half, or three months. Whilst the irons were on his feet, he used to come to Captain Robertson, and sometimes Naroba used to come, at different times. The gomasta used to come to Captain Robertson with the irons on his feet and a sentry with him. Naroba was never present at any of the conversations which Captain Robertson had with the gomasta. The gomasta was never present at any of the conversations between Captain Robertson and Naroba. He heard Captain Robertson saying to Naroba, if you will complete the cash account of the venetians, I will release you.' A few days after that, Naroba was released; he was imprisoned four months, or a week less than four months; the

next day after he was released, five bags of venetians were sent by Naroba to Captain Robertson.

The gomasta himself is called, and says, he was sent to prison; that afterwards Captain Robertson asked him whose money it was that was found at the Juna-wara? To which he replied, that it belonged to Naroba. Then Captain Robertson said, 'Naroba says it is the sircar's (state's) money:' he still denied it; and Captain Robertson then said, 'tell the truth, otherwise I shall put you in irons and send you to a fort.' Irons were then put on his legs; and my legs,' says he, 'still give me pain;' a blacksmith put them on; the irons were put on immediately after the conversation with Captain Robertson; he heard him say, 'put irons on.' The irons were on him for two months; his imprisonment was a close one; his friends and relations were not allowed to see him.

Upon the cross-examination of this witness, a paper is put into his hands by the defendants' counsel, which, he says, is in his handwriting; that he wrote it in prison in the presence of Captain Robertson and two other persons, one of whom was in Captain Robertson's service; that he wrote it on the dictation of one of those persons because he was in prison.

The Court, of course, rejected this paper, which could be evidence merely to contradict the witness, upon the ground of its having been obtained by duress; but the very tender of such evidence shows the object of the imprisonment.

To return to Naroba. It appears that some time during his imprisonment he was removed from the common jail and imprisoned up stairs in the Juna-wara.

A witness for the defendants, of the name of Mallar Jairam, says, that at the time of Naroba's confinement, he was and still is jailor under Captain Robertson; that Naroba was in his custody; that at first he was confined below stairs, and afterwards he was kept in a bungalow up stairs; that he was one day below stairs. According, however, to the evidence of the first witness, whenever Naroba was brought to Captain Robertson in the Juna-wara, which it appears he frequently was during the first part of his imprisonment, he was brought from below stairs, that is, from the common jail; and the third witness, Gopall Rowjee Shevack, also says that Naroba was imprisoned down stairs a fortnight, or a month; he is sure it was more than a fortnight.

Neither of these witnesses is cross-examined as to this point, and they are confirmed by Mr. Houston, a person in the employ of Captain Robertson, and a witness for the defendants, who says, that he was in the habit of going up stairs where Naroba was confined, and that he used to see him there, but that it was several days after he brought the money away that he saw Naroba there; it might have been a fortnight after.