Jungul Paunsbaund.
Witness.
An Hindoo.

I know the Prisoner. When he beat my brother in this manner. A Calassey came to Munsa’s Ho: where I was, in Luthaia, about a Couise from Ranny Tullow, in the Zillah of Patna, in the Soubah of Bahar: The Fouzdar collects the Revenue and pays it to Mr. Brooke. Doomun Classey came seek for Munsa in the end of Faulgun or the beginning of Choit. I told Doomun Classey my brother Munsa was gone to the Camp, that is to Mr. Sturt’s Tents with the Goats. Doomun took me with him to his own house and left me there: then he went for Munsa, and he brought him: He took Munsa to Mr. Sturt. Mr. Sturt said to Munsa, you had the Watch last night, where is my boy, you must find him. Munsa answered I had the Charge of the Horse and the Ass and other things, but the Boy was not deliver’d to my Charge. When I heard Mr. Sturt say this, I was about as far from Mr. Sturt and Munsa, as I am now from the Jury. After this Mr. Sturt call’d the Calassees to bring a Rope and they did, and tied him to a branch.

Mr. Sturt was there and the Moonshy when Mr. Sturt order’d the Troopswa and the Classeys to beat my brother, I ran away to my own House: I ran away because I was afraid I should be beat. When the beating began I was [ILL] the beating continued all the day. I got a Begah distance, and then ran away. I ran away when two Ghurries of the day remain’d: I mean Pucka Ghurries, of four to a Parr.

X Examined by Mr. Dunkin.

The first Person who struck my brother [made?] the Trookswa, after that the Classes beat him: I saw no body else beat him.

After a Parr of the night a Dooka came and said my brother was dead. I did not go that night, but I went the next morning, I went first to the Trookswa, I wanted to take away the body, I carried with me the Children of the deceased. The Trookswa would not let me take away the body I cried Dwy of the Company and of the Governor. Mr. Sturt gave leave to take away the body. I went about a bowshot, a Man came and said Mr. Sturt wanted some of the relations of Munsa to speak to them. I went to the Trookswa. The Munshy took me to Mr. Sturt, Mr. Sturt said I am willing to give some thing to the Widow but I will give nothing to the Zemindar.

I did give Evidence before Mr. Mercer, and the body was there three days. I was not confined, Mr. Mercer took my security for my appearance. Mr. Mercer said he should send the Depositions to the Governor and if the Governor requested it I must come here. I never expressed any dissatisfaction at coming to give Evidence. I had notice that Mr. Sturt would come to surrender here for Trial. No body paid me any thing, I begged to maintain myself: Mr. Mercer paid for the boat to be sent with the Witnesses.

(Note: Jones' writing)

Bundoo [ILL]

I am a Chokeydar in the Pergennah of Ardran to keep the goods of any gentleman that comes into the country, & to point out the [ILL]. I know the prisoner, He came into my Pergennah to hunt. The Chokedars of that Pergenna attended him. In ([Baidu?]) [ILL]

Mensa is dead from the beating, which he received from the prisoner, than from the Classeys with a split bamboo in the month of Choit at village of Cabh: He was tied to a tree one phar of the morning past. I was about the length of 2 or 4 bamboos from the place where Mensa was beaten

I was Chokedar at the [ILL] Khasah.

Whatever things were delivered at night to Mensa, he used to redeliver in the morning & he was beaten because as he had not delivered the boy that had been delivered to him.

I saw him beaten, first by the Prisoner, afterwards by the Tucswas & then by the Classy. When I first saw him he was half out of breath, his hand was tied. Half his breath was out of him after the beating, when he was [ILL] to the Classy. He was kept till 2 gherrys at night.

After the beating. He could hardly speak, put his hand to his throat, and scarce could utter a word.

X

When the deceased first came to Mr. Sturt’s tent, I saw him. His hands were not tied up then, as he was tied up to a tree. I was not more than the length of 4 bamboos from the place tree. Mensa said “Had you delivered the boy to my charge, I would have taken care of him.” Mensa went into the tent of Mr. Sturt, where a conversation passed. The bottle Khanah where I stood, was about 4 bamboos length from the tent. I did not hear what passed in the tent. The conversation which I heard, passed at the tree.

The prisoner then said, “you must produce me the boy.” Mensa answered, “Had you delivered him to me I would have produced him.” I was near, when this conversation passed under the tree. Mr. Sturt beat him a good deal.

I think Mohammed Khan did not see me, because I returned from the tree to the bottle khana, when the beating was continued. Mohammed Khan was not present till the hands of the deceased were tied.

The prisoner [ILL] the 2 Classys [ILL] Dhunde & [ILL] Tuckswas, Mohammed Khan and Fyzulla and another Classy, were present when the deceased was had been tied to the tree. Not one European servant was present. The Tacsowars struck the deceased before the Classys beat him.

A bamboo is 4 or 5 cubits long.

Srey Crishna Pasbam

I live at Rany Tellab in the Pergennah of Asoram

I saw the Prisoner, when he came to hunt in that Pergennah in the month of Chait.

I knew Mensa the deceased. On account of the boy who ran away, but had not been delivered to his charge he was tied to a tree and beat first by the Tucswa’n, and then by the Classys.

The deceased said, “Two Lashcan had been delivered to my charge to make them work, but the boy was not delivered up to me

The encampment was about two bowshot’s distance from Rany Tallab. I was watching in that place, when the Classys were splitting bamboos. Some people brought the deceased to the place where the tents were pitched. I was about 20 bamboos distance from the place.

After Mensa was brought the prisoner asked where the child was & said was Mensa’s watch the night before. The deceased said whatever things were committed to my charge I redelivered. I could hear at the distance of 20 bamboos. After this conversation the Classys tied Mensa up to a tree.

He was then beaten by the Tucswas & afterwards by the Classys, and then the prisoner gave him 2 or 4 strokes, when the rest were tired of beating. Then the Tucswas & Classys beat him again.

One phar of the day [ILL] at the first beating. The prisoner took the stick from one of the men, % showed him how to beat the deceased. For about ½ a phar he was beaten continually & then they left off about 2 gherys, Then the prisoner went to his tent, the rest to their places, & the deceased remained tied up. The prisoner gave [no?] order: after dusk they assembled again & beat him.

The deceased named several persons & among them [ILL] who was sent for when Dewally came, [abt 2 gherys of the night?] the people assembled and began beating the deceased again. The 2 Tucswas, 2 Classys, the Munshy, were present, & the prisoner. Before Dewally came, The prisoner beat him, as well as the 2 Tucswas & Classys, before Dewally came, while [ILL] was sent for the prisoner retired to his tent, the people to their places. I was at the place, where the bamboo had been split. The deceased was left tied to the tree. [ILL] stood by the tent door, & I could [ILL] what [ILL] I was about 5 bamboos or [ILL]

The prisoner said to Dewe’ly where is the boy? Dewe’ly answered, I know nothing of him. [ILL] who says I do, deserve to be punished. The prisoner said [ILL] says so. If he saws so before you, will you allow it to be true, yes, [ILL] Dewe’ly – then the Prisoner ordered a Classy to go & fetch Mensa thither. The Classy went to the place, where Mensa was lying, & took him from the tree, & carried him to his own place under another tree.

(I saw this with my own eyes.)

The tree to which he was carried, was very near [ILL] the place where I was sitting. The Classy [ILL]

He lay down under the tree, to which he was carried, and covered himself. He was dragged by the Tucswar & by the Classy, from the tree, where he was tied, to the other trees – He made no attempt to get out of their hands. I heard the prisoner order them to drag him. He was laid upon a cot; & there he remained till morning. I saw him after he was on the cot.

The gentleman then came out to see the body with a meshkel. A Classy had been to inform the prisoner of Mensa’s death. The Classy had 3 or 4 times tried to wake the deceased & found he was dead. He came to call Mensa, when the prisoner wanted. When the prisoner saw the body he left it, desired the Classy’s to take care of it, & returned to his tent.

(Note: Hyde's writing)

Joomin Paunsbaun.
(Not sworn)
Witness.

[Begun to be examined at 3o40’ on Friday morning]

Afterward said they would close here.

Mr. Sturt. Desired leave to read his Defence.

Though I have am not sensible of any evil Intention yet I surrender’d without a Murmer to this dreadful situation. There is conspiracy to deprive me of that Trial which would end in the extirpation of every European in this Country.

I went in March a Hunting Party about Thirty Miles from Patna. About Noon I return’d from Hunting to my Tents, my European Servant said is Boy was taken away, and the Chokedar must know where he was. I offer’d him reward to tell the truth and threaten’d punishment if he would not. I call’d the Trookswas to punish him. He never had more than five or six strokes without offer of Reward and Indempnity. Just as he was going to confess the Servants came and said dinner was ready.

[At 4:30 on Friday morning He had done reading.]

Joogul Kissore.
Sworn.

I know the Prisoner. I knew Munsa. Munsa was punish’d because the night Munsa was station’d the Boy was lost. The Boy was put under the Charge of the Chokedar.

When the Chokedar was brought he bid me say he would give him two Rupees and he would take him into his Service if he would tell who inticed away the Boy. Munsa said he did not know where the Boy was. His hands were tried tied to a Tree. He was beat in Order to make him confess the truth. He was beat with a strip of Bamboo like this. I speak by Guess. I think he could not receive more than Fifty Strokes in all. The first stop was when he had received Ten or Twelve strokes I was not present when the beatings were discontinued finally. There was no blood. The Skin was not broke but there were marks. No Malice was shewn during the beating. The Prisoner made no offer of security. I was not present when any Chummars were sent for. I went away and staid away about three Ghurries. I saw a Man tied to the same branch of the Tree Munsa was tied to.

I did not hear Munsa complain of any sickness during the Punishment. I beleive that day Mr. Sturt went to dinner very later, after near Sunset near the dusk of the Evening. Very little of the day remain’d when I took leave and went home. I heard Mr. Sturt order the Man who was tied with him to be untied. Mr. Sturt said to Munsa you will stay till the Man comes whom you accuse.

Mahomed left off Mahomed left off beating because his finger was hurt. As he wore a ring the Bamboo hurt him. While Faizoolah was beating Munsa he jump’d about, and by accident received a stroke on the belly. Mr. Sturt order’d them to take care to strike where he could best bear it. Another was set to beat him on the other side to prevent that. I heard he was untied when Dywally was sent for: that was when very little of the day remain’d, before I went.

When the News of the Death of Munsa was brought Mr. Sturt was much surprised. He call’d who is there and had Mussauls and went out. When he came back he appear’d surprised and said the Man is dead: at first I did not beleive it.

X Examined.

I have been in Mr. Mercer’s custody the service of Mr. Sturt about seven Months. I was confined a Month and an half by Mr. Mercer at Patna. At last I gave securities to appear here. Baug-maul imprison’d me, because He was my security. He put peons over me and insisted on his my living in his House. Afterward I heard the affair would be decided in this Court. Without telling any thing to Baug mally I came down. I heard Mr. Sturt was at Serampore and I went there to him. I was some days at Serampore and some days here. Twelve or Thirteen days after the death of Munsa I gave the Hazzoor Zimin to Mr. Mercer.

This is my Signature to this Deposition: the whole of this Persian Paper is my Writing. It is right except the date of the day and the hours, and the place. I was in a jungle and therefore could not know the place, nor had any hour to k Watch to know the hour. I have not said to day, that I was not present when the final beating was given.

By way of threatening finding he would not tell the truth. Mr. Sturt took up a little stick and gave him about Seven blows. I myself could bear a thousand strokes with such a stick as that was.

(Note: Chambers' writing)

Mahommed Khan when he had struck a few strokes laid down the Bamboo because his finger was hurt by a splinter, no one beat with him, but when he laid it down Feiz Ullah took it up & beat; and as the deced turned away from the strokes & thereby got several on the Belly, Prisoner ordered a Khalassy to beat on the other side & to take care only to beat his back.

I am sure that nobody joined with M. Khan in beating. I am sure it was from his own stick that he recd the [hort?] nor [from] the stick of another. Mahommed Khan laughed & then asked the Prisoner how he had hurt himself, he said by a splinter [of?] the Bamboo. Let me tell you now that The Deposition [which] I made before Mr. Mercer was taken by Force.

I have told you that Mr. M’s Munshy said to me you must not think that by swearing on the Ganges water you will obtain your Release.

The Dep: is true except time & place [which] I inserted by guess.

M. D. “You have said in that Def: that Mahommed Khan & a Khalassy struck him several times & a stroke fell upon the finger of the said Khan.

Answer. the Persian words mean only that He got a hurt on his hand.

Did Mr. Sturt ask deced at time the father of the boy came.

Answer. Deced answered I have heard that father & mother came. Mr. Sturt then orderd him to be beat again.

Perhaps I may have mentioned things first that happened [from?] but Md. Khan did receive a hurt on his finger in the I have mentioned. M. Khan might have given [2 or 3?] strokes before he mentioned the father. Mr. Sturt said beat him again, Feiz Ullah & a Khalassy were employed to beat.

I cannot say positively whether M. Khan beat in the interval or no.

F: U: & the Khalassy beat him about ½ a Gurry before the Chokedar spoke [again?]. – He then said his Father & Mother carried him [on?] the road to Pauly. Prisoner asked how do you know. He answered that he had heard the father complain that John the Cook had [bought?] his son under a peon to employ him as a Servant, but that he had had him 20 days or a month & had given him nothing.

Prisoner replied you had better cease telling lies; tell the truth & I’ll give you the 2 Rs. I first offer’d will [ILL] any more. [ILL] When [ILL] then he said I will now tell you the truth, & Prisoner ordered [us?] to stop. Deced then [ILL]. Deyaly [ILL] said that father & mother of the boy had lived in the house of Dey 3 or 4 days, & he must be privy to [ILL]

Answer just [ILL] who was tied to the same branch with Mensa also [ILL] lives just by [ILL] ordered to untie hands of [ILL] & [ILL] said Do you stay till [ILL] [ILL] untie [ILL] hands & let you go to your own house I went away. Once before this I had taken leave, viz abt 3 o’clock when I went to my hut to take refreshments, the last time of my going away (when D’s name was mentioned) was by conj: abt one Gurry remaining.

The former time when I went to take refreshment I left the prisoner near the Tree, but the beating was stopt bec: he was telling the story of father & mother & From that time till I returned to the place, might be perhaps 1 G or 1½ G. I can’t be exact.

I am confident there [ILL] my absence – bec the Chumars were sent for, & came but but a little time before I [ILL] When I returned the Chumars [ILL] up had [ILL] he was now let down M: was [ILL] till he named Deyally & them M: was let down for the last time. I think it was after D was sent for [ILL] but I can’t tell.

When I returned again (after D: had been sent for) I saw the Lady eating soup, the gent were at Tea. I asked Seembhoo the reason why she eats soup so late. He answered the gent dined late & she won’t sup.

It was not yet Candle light when D. was sent for The Chok to whose care the boy had [ILL] was Munsa, as I suppose bec: it is usual to commit everything to the Chokidar at night

Wts for Deft.
Thomas Clark.

I know Mr. Sturt I’ve [ILL] his parents 17 years. I am a coachman. I recollect there was a Chokedar of the name of Munsa who watched the Cook’s tent at Ranny Talaub.

One day Mr. S. turned from hunting about 12 o’clock he alighted at the Kitchen, & some conversation passed betw him & the Cook which I did not hear being behind.

When Mr. S. was gone to breakfast, Cook told me his boy was gone. I answered I told you I expected it. The Cook had already Belacky Chokedar who was a [ILL] of my Master’s to look for M. he got [ILL] could not find him.

Somebody went & told Master, some a Khalassy & a [ILL] were then sent who brought him.

I know not what passed till I saw him whether he was tied up. When I saw him in that state I went away for 6 or 7 minutes & returning heard M. say he would find the boy. My Master then offered him 2 Rs if he would say where he was or tell who deluded the boy [ILL] he then said he did not know. I did not see any beating before this conversation passed.

Therefore to whom in my presence [ILL] that gave orders to chastise him was [ILL]. He did so with a small split Bamboo one of those which had been prepared for making camp Baskets & cages for [Teal?] & other small birds. I think nearly of the same size with these which I have in my hand not so thick as my little finger.

I took part, notice & saw no blood or cut only marks of this bamboo rod. After he had received [ILL] or so M. s. again offered him Reward & promised him protection if he would inform who deluded the boy away. Sir I don’t know where the boy is. My Master then said give him 3 or 4 more. M. Sir Don’t beat me any more & I will tell you where he is.

He then named different places, but no persons. Master asked on his naming a place, if the parents of the child lived there he said no.

Master applied to him again & said give him 4 or 5 more, they did so & then [ILL] Sir, said he, do leave off & I will tell you of 2 Chumars about 1 Coass off, who are of the boy’s cast and can tell you of him. Master bid them leave off I then also observed that there were not on the body any cut or marks of blood. He was tied up with his hands to a branch but stood on the ground. I went away at same time with Master.

(Note: Hyde's writing)

I saw my Master go into the Veranda of the Tent: Whether he went further I can not tell because there were bushes which hinder’d my sight. I saw the Chumars arrive, it was about the Dusk of the Evening about Candle Light. My Master had not then drank his Tea.

My Master was walking to ward the Stable. When the Choomars were brought Munsa said they knew where the boy was. The Coomars answer’d you lie you want to get me flogged: I know nothing of the Boy. Because Munsa had told lies about the Coomars my Master order’d him a few strokes more. About Eight Strokes more. On his naming Dyally with whom the Father and the Mother of the Boy lived my Master Order’d the Punishment to cease: A Man was sent to bring Dyally my Master then order’d Munsa to be taken down and to have straw, and Victuals. I know enough of Moors to know if Munsa had made offers to give securities, or any other Person for him. I saw the body after he was dead. I examined it by the light of the Lamp, there were no cuts nor blood. No Person was with me but the Cook with me the first time. The second time, there was young Mr. Sturt, the Moonshy, and Simboo the Khaunsumaun. I think he could not have received more than forty or fifty strokes.

(Note: Chambers' writing)

The Chokedars when they kept watch at night had pice paid them in the morning, if they went a hunting, they had additional pice. I have seen them sit with the rest of the Coolies & [ILL] pice [from] the Tusewars when they [ILL] [from] hunting. They received pice extraordinary for watch at night 3 Pice for a night, & for hunting 2, 3 or 4.

Twice I saw the body; the first time I put my hand on his breast, & water came out of his mo: – examined closely to see if he was really dead, for I could scarce believe it.

X Examined

The Cook bought the boy as a slave [from] the boy’s parents he seemed to be 8 or 9 years of age. He had been in the Cook’s possession about a fort night I think.

I did not see M: till after he was tied up. He could not I think have been tied up many minutes, I saw no marks on his back at that time, but I can’t say positively were none.

I staid ab: 6 minutes then went to my Tank. I returned in the space of a quarter of an hour. I did not hear him offer any security. When I returned M: Khan was beating him – 7 or 8 strokes & then stopt.

The Chumars were mentioned & Mr. S went to dinner betwixt 4 & 5. When the Chumars arrived I returned with Mr. S. from the Stables to the place. A Mushaal was lighted to see the Chumars, the name of the [ILL] After the Chumar was taken down Master ordered M. Khan to beat M. again & he did so till 6 or 8 strokes when he named Deyally. No, before he named D: Feiz ullah also gave him a few strokes, & Mr. St. bec: Feiz Ullah hit him gently took the stick himself & began beating, when M. said he would tell – & then said the boy’s parents had taken him away. Then a story was told of his parents having carried him to a [ILL] villages but not the village where the parents lived. Mr. S: not satisfied with this story bid a Khalassy beat him again, and then it was that after receiving a few strokes more he named D. & then the beating finally ceased.

Mr. St: struck smartly harder than Feiz Ullah had done, as [ILL] by the [man] skipping about [which] he did actively.

Master used to have 200 or 300 out a hunting the Cokedars who went were paid like the other Coolies even & above what they received for keeping watch. Every Chokedar received 3 pice for ever night he kept watch. they were not the same every night.

Mr. S. is a Dorsetsh[ire] man, his father was M: for the County of Dorset.