Sidor som bilder
PDF
ePub

ten rupees from an old woman. The simple fact was, that Mr. Erskine thought that a personal interview with this female suitor in his court

court was necessary, ạnd, as she would not come to his office, he was obliged to go to her house ;* and, as is the established practice in all courts, charged a larger fee for transacting business out of his office than would have been demandable had the old woman personally attended there. Such is the exact circumstance as it actually occurred, and nothing can more clearly evince how impossible Sir Edward West must find it to produce any criminatory matter against Mr.Erskine, than his persisting in representing an act so perfectly exempt from all blame as an instance of extortion, and of Mr. Erskine's having "forgotten his feelings as a gentleman and his principles as an honest man.' But even to give it this construction, Sir Edward West is obliged to assume a fact which was perfectly unfounded; as his remarks all rest on the poverty of this old woman, though the slightest inquiry would have satisfied him that such' was not the case. This instance is, at the same time, most unfortunately chosen, for, as he admits that this complaint was made directly to himself, it fully confirms all that I have said with respect to Sir Edward West's having been in this case the sole accuser of Mr. Erskine, as well as investigator and judge; and that, if Mr. Erskine be absolved, he must necessarily be convicted of having exercised the judicial powers entrusted to him in a most inquisitorial manner.

It requires, also, to be remarked, that the allegation with respect to charging the suitors with fees for subpænas, when no subpænas had issued, rests entirely on the subpænas, in a few instances, not having been found amongst the papers of Mr. Erskine's office. For it is extremely singular that no reference was made to the registers of the sealer in order to ascertain whether such subpænas had been issued or not, and consequently this allegation depends on a slight presumption, while the very best evidence for establishing it existed; and it might hence be concluded, that it was known that such evidence would prove directly the contrary of what was wished. But had it even been in any degree well-founded, it might have been adduced as an appropriate instance of negligence, but it ought'not according to law to have been commented upon as a proof of fraud and extortion. For, when examined on interrogatories, Mt. Erskine declared on oath : when there are a number of causes in court, there "will sometimes be a hundred or more than a hundred subpoena tickets, and double the number of notices." Sometimes the parties come to the office before the clerk leaves it to put off the trial, and therefore the subpoenas are not sealed till after the tickets are signed, and the clerk is going away to execute them." The consequence of this mode of

proceeding is at once admitted by the Recorder, as in his very next question he asks: are you not aware, Mr. Erskine, that by that practice your clerks are enabled to defraud the sealer as much as they please ?”! But,, notwithstanding all his admissions in these interrogatories, the Recorder's speech, on delivering the decision of the court in this case, rests entirely on the assumption, equally illogical and unfounded, that the acts done, or supposed to have been done, for even this has never yet been proved, by his head clerk, were committed with the knowledge and for the benefit of Mr. Erskine.

** .* ***st*¥18 The internal evidence, however, of the letters published by Giovanni during the last three months, prove that Sir Edward West has in them adduced every thing that he can in order to prove the justice of Mr. Erskine's dismissal. But

in

In the country, native women of respectability are excused, if they wish it, personal attendance in courts of justice ; and this circumstance alone proves that the old woman was not in that state of poverty described by the Recorder.

3

in this attempt he has necessarily failed, because Far better bad it been for him had he at once repelled with indignation the secret and insidious tale of his despicable informants, and admonished them that truth required no concealment, and that justice demanded that all accusations should be made openly and in the manner prescribed by law. For had he pursued this line of conduct, these dilators would either have shrunk from the public exposure of their turpitude, or a trial by jury would have been the consequence.

Giovanni, and the editors of the Bombay Gazette and Bengal Hurkaru, with the most praiseworthy charity and liberality, accuse me of having agitated this

question through malicious motives, and with the intention of bringing the administration of justice in this country into hatred and contempt. But I need merely refer to the Bombay Gazette of the 17th October last to prove that I have merely stood forward to refute the most gross and groundless calumnies, and to reprobate all secret, inquisitorial, and arbitrary proceedings, conducted under the colour of law, but in utter

all precedent and usage Nor can I doubt that such conduct will ever receive the commendation of all honourable men, although it may incur the disapprobation of those whose censure is praise.

1197 50 Otelpuri 320 S 1 Fremain, &c. Bombay, 15th Jan. 1828.5.is ut tant bid if stopy

VINDEX. brikety vy op 115TM

1

[ocr errors]

HINDU PROPHECY. ABOUT the period of the surrender of the Peshwa, in 1818, the following singular prophetic proclamation was circulated amongst the inhabitants of Central India. The document was placed in a basket with a coco-nut; the line of route being pointed out, through which it was to pass, as soon as it reached the chabootra of any town or village, the authorities passed it on, and thus it travelled with prodigious rapidity from place to place. At each town or village, a coconut, or copper picę was added; and when discovered by the British authorities, the basket was nearly filled with nuts and pice.

Blessed be the readers of this diyipe proclamation ! --Dated Bysak, bood, 9th. The stars and planets shall fall down, and a great earthquake will be felt throughout the world!

On the Jait Sood 3d. - The Europeans shall be put to death! The Peshwa will again assume bis authority, as Lord of Hindostan! The Mogul chiefs will be poisoned!

840 feb95.) To Gom On the Asej Sood 10th. ~ A Rookbédi Bratin's 'son from Budrinath, who is tow

years of age, handsome Boy'ánd of a stout heart, and who will be assisted by a divine force of 10,000 warriors, al will reign on the imperial throne of Delhi ! sier 1. The ryots will be happy. In (no year mentioned) another carthquake will be felt; all the evil ones shall be consumed to ashes, and a vicegerent of God shall appear in the world in human shape for the salvation of mea ! Y., Whosoever shall distrust this divine announcement will incur the guilt of killing sixty thousand cows; and whosoever shall trust and promulgate it, shall inherit the divine blessing! So be it! Forward this for the information of others.

The present Samvat (era) is Nundram.-- The Europeans will go to hell, and the Bramins will succeed them!

Such ambulatory telegraphs were not unconmon at that period: it may easily be conceived that no better expedient could be deviscd to alarm the country, especially when the sin of the slaughter of sixty thousand cows was the penalty of neglect.

seven van

court was

ten rupees from an old woman. The simple fact was, that Mr. Erskine thought that a personal int

interview with this female suitor in his co necessary, and, as she would not come to his office, he was obliged to go to her house ;* and, as is the established practice in all courts, charged a larger fee for transacting business out of his office than would have been demandable had the old woman personally attended there. Such is the exact circumstance as it actually occurred, and nothing can more clearly evince how impossible Sir Edward West must find it to produce any criminatory matter against Mr.Erskine, than his persisting in representing an act Erskine's having forgotten his feelings as

so perfectly exempt from all blame as an instance of extortion, and of Mr. a gentleman and his principles as an honest man. But even to give it th construction, Sir Edward West is obliged to assume a fact which was perfectly unfounded; as his remarks all rest on the poverty of this old woman, though the slightest inquiry would have satisfied him that sạch' was not the case. This instance is, at the same time, most unfortunately chosen, for, as he admits that this complaint was made directly to himself, it fully confirms all that I have said with respect to Sir Edward West's having been in this case the sole accuser of Mr. Erskine, as well as investigator and judge ; and that, if Mr. Erskine be absolved, he must necessarily be convicted of having exercised the judicial powers entrusted to him in a most inquisitorial manner.

It requires, also, to be remarked, that the allegation with respect to charging the suitors with fees for subpænas, when no subpænas had issued, rests entirely on the subpænas, in a few instances, not having been found amongst the papers of Mr. Erskine's office. : For it is extremely singular that no reference was made to the registers of the sealer in order to ascertain whether such subpænas had been issued or not; and consequently this allegation depends on a slight presumption, while the very best evidence for establishing it existed ; and it might hence be concluded, that it was known that such evidence would prove directly the contrary of what was wished. But had it'even been in any degree well-founded, it might have been adduced as an appropriate instance of negligence, but it ought'not according to law to have been commented upon as a proof of fraud and extortion. For, when examined on interrogatories, Mr. Erskine declared on oath : “when there are a number of causes in court, there will sometimes be a hundred or more than a hundred subpena tickets, and double the number of notices. Sometimes the parties 'come to the office before the clerk leaves it to put off the trial, and therefore the subpoenas are not sealed till after the tickets are signed, and the clerk is going away to execute them.” The consequence of this mode of proceeding is at once

tted by the Recorder, as in his very next question he asks : are you not aware, Mr. Erskine, thạt by that practice your clerks are enabled to defraud the sealer as much as they please ?” But, notwithstanding all his admissions in these interrogatories, the Recorder's speech, on delivering the decision of the court in this case, rests entirely on the assumption, equally illogical and unfounded, that the acts done, or supposed to liave been done, for even this has never yet 'been proved, by his head clerk, were committed with the knowledge and for the benefit of Mr. Erskine.

The internal evidence, however, of the letters published by Giovanni during the last three months, prove that Sir Edward West has in them adduced every thing that he can in order to prove the justice of Mr. Erskine's dismissal." But

in

[ocr errors]

* In the country, native women of respectability are excused, if they wish it, personal attendance in courts of justice; and this circumstance alone proves that the old woman was not in that state of poverty described by the Recorder.

in this attempt he has necessari fe because Far better bad it been for bin bad be z ma zed a Bses secret and insidious tale of his assiczbie ir arzu, 22 cm that truth required to concea mers, ang iz jis šetači z Zs tions should be made opers and is ac ante el is at pursued this line of copioss, these ülaos oli de az sırasse public exposure of their tenis, o ana in jus FDLI 127 iz te sur sequence.

Gioraoni, and the icons of sie Bonica Seciz ani Inga Erma Fit the most praiscuori charity and lizzic, 23 E O EK ts question abroad mainous move ant vá šis irznu ran te administration of justice is this count i izzi ani somenn. Burst merels refer to the Bomber Geete o teu J2012 25. ÍI miss tira: bare mere's stod forrai tozu: sise Is a grouudes ane, and to reprobare score ingusira. ani' aprI mine rouaucet under the cosa o izv, bus ir 62 izízans o al meze. aut us. Nor can I doubt & such condus vil erz szeiz tie conmutros ó al honourable Des, 25ont i mer irr ti dispiath of the File ZZ sure is praise

Bombes, 1501 Jer 1933

SISDT PIPISICI. Asoct the period o sis susene o tie Istem. Itt tre humaines singular propbetis procamaro1 va trcumst announc tie macizus u Central India The documen. vai piace ili ishe vi i VLADIK. lis line of roate being pointed ours, tirdugi vici i wa 11 **, Z Wa reached the chaora d' an IDVI Drilize the autista F E 11 and thus is trased via prvágou umar iron page 11 pag sa town or 2 tot 5-DVE, O nopje piz va aulei : aut viel dat by the British autorIDS, me inske vanza ec viti num ani prz | Blessed ke she readers at this dici preanaun mas bone was the stars and planes stalo žai dual, au i satugiat vil iz tet tetanggat die world:

Do the Jät Suod S.,- TIE European sizl is pur ti izati. "12 air vil again assumt tuis authority, a Lori i EminesziTie Kisgui suá xil in poisoned!

On the A Soi - Puukinéi Branitos su frone Buoritzt in a seven years of agt, handsome boy ane da stou. ina, au vin vil 5 usted by a dirise force of 10,973 varin riga te impeza ftrore si Delte : The rrots will be teppw. 1 me par mentioned" nuptie walimuzne vi te ber; all the evil ozes skal de comuned to astes, and a izgun Gui sai ant a the world in buzuar siap for the suivation of seni

Whosserer sizi ésirast tius évite antpuntenien wil isez 1 gait sé une sixty thousand cows; and whosoever stali trust and prumuza i sal muere the divise blessing! So be it! Forward dins for tre inn sé stes

The present Saturat (ez, is Sundrai – Tie Larvates vi ES ties, and tre Bramias will supposed sben !

Such ambulatory telegraphs were not reconnus at ist es: t easily be concered that no better expedient could be derisa te ar tre country, especialy when tbe sin of the slzogte of sing brand one was the penalty of Deglect.

Review of books.

Narrative of a Journey from Constantinople to England. By the Rev. R.

WALSH, LL.D. London, 1828. 8vo. The south-eastern portion of Europe, the probable theatre of the events which may materially change the relations of the civilized world, is now regarded with great interest. The countries beyond the Danube, perhaps better known by their ancient appellations of Thrace and Mosia, than by their modern names of Roumelia and Bulgaria, are about to be visited, as in times long past, by a people from the remote north, on their march to the city of Constantine.

Dr. Walsh has recently traversed these countries, and the picture he has drawn of their condition, and of the character of the inhabitants, will help yg us in forming our conjectures as to issue of the contest between Russia and Turkey. Dr. Walsh's "Narrative"

Narrative” is, moreover valuable from the ing: formation it contains respecting the Greeks and the politics of the Sublime Porte with reference to this portion of its subjects : having accompanied Lord Stangford to Constantinople as chaplain to the British embassy in 1821, and having resided there for several years, he had ample opportunity to become acquainted with the real state of things.

Although Constantinople has been often described, an individual who resides: there, or at least in its vicinity, for a length of time, may collect many particulars which have escaped the scrutiny of others. For example: amongst the vast' cisterns for containing water, in this remarkable city, there is one concealed benenth the streets, the water being conveyed from thence in tubes, without (ns Gillius, who describes it, says) the inhabitants knowing whence the water came. Dr. Clarke searched for this cistern in vain : Dr. Walsh, however, was more fortunate; he discovered accidentally, and found it exactly to correspond with the description of Gillius. “We entered a private house, descended a deep flight of steps, and found ourselves on the borders of a subterranean lake extending under several streets. The roof was arched and supported by 336 magnificent marble pillars ; a number of tubes descended into the water and supplied the streets above."

Amongst other curious details, Dr. Walsh gives an interesting account of the Jews of Constantinople, the descendants of those of Spain who were expelled that country in the reign of Ferdinand and Isabella. They form a community of 50,000 persons, and inhabit a large district on the opposite side of the harbour to the Greek quarter. They are treated by the Turks with comparative kindness and hospitality, and are denominated not slaves, or subjects, but visitors. They retain most of their distinctive traits, but have a language and character peculiar to themselves. Many abominable customs are imputed to them, such as the sacrifice of Christian children. Although these representations are probably the effects of prejudice and ignorance, yet Dr. Walsh says that “ the Jews of Constantinople are a fierce and fanatic race; persecution and suffering have not taught them moderation, and they pursue, even to death, ány apostate from their own doctrines.”

The present Sultan, whose character it is important to know in the present state of Turkish affars, is described by Dr.Walsh as actuated by a fierce and relentless energy, and as resembling Peter the Great of Russia in many points ; the same promptitude in undertaking, the same vigour in pursuing, and the

« FöregåendeFortsätt »