of a letter of licence, the prisoner was then necessi tated to apply for the benefit of the insolvent act.

Mr. Leith likewise applied, to amend the schedule regarding the deductions which may be made from the insolvent's pay, which, as he is a medical man, the amount of it would greatly vary, if the insolvent bas the charge of a regiment, from what it would be

if he had not.

Mr. Strettell admitted, that he had no further evidence to produce, but after his client, who was the detaining creditor, had entered up judgment, a fictitious sale was made by the prisoner to his bro ther, of a house, and judgment entered up, although no one saw the money paid for the sale; and the seller and his family is still living in this house, and the buyer cannot give any account of it.

The Judge admitted, that his impression was, that The. Chief Justice consented to the alteration there were grounds for suspicion of a fraud in this case; in the schedule regarding the application for the but Mr. Strettell ought to have attended, and taken his deduction from the insolvent's pay, but the refused exceptions to the report, and have pointed them out to the former order as to the amendment of the sche-the court to-day. He then proposed to postpone the dule regarding the amount of the prisoner's debts, case until Monday week, to enable Mr. Strettell to file by inserting the interest on the two promissory notes his exceptions to the report. Mr. Strettell replied, that aforestated; and he added, that as there was no the matter is so plain, that if the Judge would peruse the opposition, the prisoner may be discharged, on evidence of Mr. Marnell, he would discover the correctswearing to the truth of the present schedule. ness of Mr. Strettell's allegation.

The insolvent was was then sworn to the truth of insolvent had, on the 16th of June, given a mortgage On examination of the deeds, it appeared, that the his schedule, and discharged.

to his brothers on this house, for which a judgment was entired on the 17th June, and Mr Strettell's client obtained her judgment on the next day. This,

IN THE MATTER OF RICHARD PARMER, AN INSOL Mr. Strettell said, looked very suspicious, although

VENT.

Mr. Strettell moved on an affidavit, to amend the insolvent's schedule in this case. It appeared that a debt, which was stated to be due to two persons, was actually due to one, and the debt itself was smaller than the sum inserted in the schedule.

he had not any proofs to show it to be a fraudulent matter; and it appeared that this mortgage was executed by the insolvent to his brothers, the day after his attorney had notice of trial, and 5 day's before the verdict was given in his client's favor.

The Judge summed up and said, that as the ExaThe Judge replied, that these amendments were miner had given his report in the insolvent's favor, very irregular; in amending a schedule it was not he is entitled to his release. If Mr. Strettell could merely the consent of the creditor regarding whose even prove the truth of his allegations, he could not particular debt the amendment required was con- in this case recover the property, which is all that cerned, but the interest of all the other creditors it appears Mr. Strettell is in this case anxious might be affected by the proposed amendment; and, to secure; and for this he, or rather the assignee, therefore, the amendment ou ht not to be made on Mr. Strettell's showing sufficient grounds, must without giving them notice of it, and in their pre-could do in this case, even if he were to prove his move in another court. All that Mr. Strettell

sence.

The Judge then added, that as the prisoner was not in custody, the case must stand over, and the insolvent give notice by an advertisement in the public papers, to the other creditors.

IN THE MATTER OF KISSEN CHUNDER SEAT, AN IN-
SOLVENT.

Mr. Meickeljohn begged to have the Examiner's report confirmed, and it being in confirmation of the accuracy of the schedule, the Judge informed Mr. Strettell, that he believed the schedule must be con firmned; and the Examiner added, that Mr. Strettell had refused to attend at his office regarding this matter, although desired to do so.

Mr. Strettell replied, that as the Examiner had already made up his mind as to what he would report the case, he (Mrtrettell) did not think it therefore advisable to attend fruitlessly on the Examiner in the matter. Mr. Strettell then added, that it was not his intention to make any exceptions to the Examiner's report, but he begged to remind the Judge, that he bimself had, during the examination of the prisoner on the truth of his schedule, conceded that there < were strong suspicious circumstances regarding it. The Judge then requested to see the Examiner's report.

The Judge, on receiving the report, said, that it appeared Mr. Strettell had been noticed to attend, and asked him why he did not attend on those notices. Mr. Strettell replied, that on the first occasion he did attend, and the Examiner was not present; on the letter occasion he did not attend, for the reason aforestated.

statement, would be to punish the insolvent; and for this, if Mr. Strettell pleases, he can have him brought up again and re examined.

The prisoner was then sworn on the truth of his schedule, and after being warned that he was liable to be brought up again and examined regarding the sale of the house in question, and if found guilty of concealing any fact, remanded to prison, he swore to the correctness of his schedule, and was discharged.

During the hearing of the case to-day, the Chief the minds of the practitioners in this court generally, Justice remarked, that he wished to impress on that in future the court will decline amending any insolvent's schedule on any material matter on the day of the hearing of his case; the amendment must be previously applied for, by an affidavit in Chambers, and due notice of it given by advertisement to the creditors generally. He added, that he had no objection to make alterations regarding any minor difficulties of mistakes, figures, &c.; but he sorry to say, that in many cases, schedules were very loosely got up, and then applications were made for material amendments, to accomodate interested parties, without any intimation to the other creditors whose interest may be affected by it.

was

In the case of John Brown, late wine-marchant, insolvent, a dividend of 60 per cent. was declared by J. W. Alexander, Esq., to be payable to the creditors of the estate.

Mr. Sandes applied for two attachments on the estates of heik Abdolla, an insolvent, and Lieut. Beecher, an insolvent.

Attachments ordered.-Hurkaru, January 21.

HOOGHLY SESSIONS COURT.

DECEMBER 29, 1838.

(Before J. Curtis, Esq., Sessions Judge.)

official copies of the document's mentioned by him, therefore he would not press the questions any further.

Witness added. I was 30 years of age when I came to this country from Persia. I have been residing in this country 55 years. It is 20 years since Mr. Forbes was a Judge. I do not know Aga Tofail Michael was the name of an Armerian writer, formerly employed under Mr. Overbeck, the Governor of Chinsurah. I gave evidence in his case at Chinsurah.

REJECTION OF BAIL FOR THE PSEUDO RAJAH PERTAR
CHUNDER, BY THE NIZAMUT ADAWLUT.

Benait Francois Sulimania, native of Chandernagore, and Indigo Planter at Furreed pore, deposed. In 1818, I was employed as an assistant in the Bausbarriah indigo factory, and I used often to come to Chinsurah as the factory is near it. I went to see Rajah Pertab Chund at Chinsurah Rajbarry, to endeavour to settle with him regarding the sale of the Coleahdah indigo factory. I saw him about eight or ten times altogether. The pri soner is that Pertab Chund, but he is now older in appearance than he then was, for 20 years have elapsed since. He is little darker and thinner than he then was, but his general figure and features are the same; and 1 have sufficient recollection of him to be able to recognize Zillah Hooghly, to the reference made to him by the In consequence of the reply of the Sessions Judge of him to be Pertab Chund. Towards the latter end of 1819. Nizamut Adawlut of Bengal, requesting that officer to Rajah Pertab Chund returned to Burdwan without assign his reasons for refusing to accept bail for the effecting a sale of his factory at Coleahdah to me, and Ipseudo Rajah Pertab Chunder, the Superior Court has never saw him subsequently. Pertab hund had pur-refused to comply with this prisoner's petition to it, pray. chased it from Monsieur Guthrie. I saw the prisonering therein to be released on bail, pending his trial at to day, and on questioning him, he recognized me and answered me regarding the sale of the Coleahdah factoTy correctly. When I saw the prisoner in 1819, he was 25 or 26 years of age, and I suppose now, from that circumstance, and looking at him, that he is about 40 or 46 years of age.

Hooghly.

REGARDING THE MODE IN WHICH THE SUBPŒNAS HAVE BEEN
ISSUED IN THE PSEUDO RAJAH PERTAB CHUNDER'S CASE, AND

OTHER MATTERS CONNECTED WITH THE TRIAL.

Hajy Abootalub, merchant, resident of Chinsurah. The pseudo Rajah Pertab Chunder being prevented That is Maharaj Pertab Chund. I saw him yesterday from attending Court on Wednesday the 27th instant, on in the Court, after a lapse of 22 or 25 years, and I reaccount of indisposition, the case was consequently postcognised him. I knew Hakim Usgur Ally, who was poned on that day. Mr. Leith, the prisoner's Counsel, with the Rajah Pertab Chund, and as I studied physic, informed the Sessions Judge, that he had been credibly I frequently used to go and visit the hakim at the Chin-informed, that the subpoena which have been issued to the surah Rajbarry, and I used to see the Rajah come to them to be levied against those witnesses who might witnesses for the prosecution had penalties attached in the hakim's apartment. I used to rise and make my Dalam to him, and enquire of his health, and he used to have neglected to have attended the Judge's Court here, return my compliments. I used to see him play at chess and given their testimony in the case varying, and fly kites. Whenever he used to play chess I left the according to the circumstances of the witnesses room, as it is forbidden by my religion to play games of to whom these subpoenas were directed and varied from chance or to witness them. I used to see him drive out 100 rupees to 1000 rupees; whereas in the subpoenas in his carriage on the road. He was then 22 or 24 which have been issued to the witnesses for the defence, years of age, fair, stout and playful. He is now about no penalty of a like nature is mentioned. 45 years of age, darker and somewhat pulled down. procedure Mr. Leith considered to be partial, and moved There was a mark in the left eye of Rajah Pertab the Court to have the snbpoenas for the defence issued in Chund. This mark I observed in the prisoner's left eye the same form in which those for the prosecution had been yesterday, when I examined him in Court. I subsequent issued. ly went to Lucknow and thus ended my visits to him. On my return from Lucknow, I heard, at Culna, that Rajah Pertab Chund was dead, but subsequently, on my arrival at Chinsurah, I heard from Hakin Askur Ally and others, that the Rajah was not dead, but had run away. Askur Ally died 17 or 18 years ago.

This

Mr. Bignell replied, that it is usual in the Mofussil, whenever any subpoenas are issued, for the parties to state before the name of each witness what is the point they are called to prove. In consequence of the Counsel for the defence having failed to adopt this plan, and as they have subpoened upwards of 300 witnesses, the Magistrate did not think it expedient to affix penalties to the subpoe nas of so many witnesses, in case of their neglecting to obey the writ issued to them.

Questioned by Mr. Bignell. I only once, in Mirza Ruzza's case, gave evidence in this Court, about five years ago. I gave Mr. Forbes evidence in Hajy Rohan's case. Mr. Forbes did not write any comment on my evidence rejecting it. In another case regarding Mr.Leith further observed, that as the present prosecu the Emambarrah here, I give evidence in this Court.tion, even if the prisoner proved his identity as Rajah Agah Suffer Ally was a party in the Emambarrah case. I knew nazir Golam Hossain, formerly the Foujdarry nazir in this zillah. I never complained against him but my son did. The case did not come on before Mr. Harrington. The charge was for bribery.

Mr. Shaw objected to this mode of questioning the

witnesses.

The Judge said, that he did not see what the wit"ness's son's actions had to do with the witness.

Mr. Bignell replied he only put the questions to show that the man come from a noted family. He can ge

Pertab Chund of Burdwan, would not restore him to his zemindary, he wished the Counsel for the prosecution to state, in a more precise manner, the nature of the charge concerning the disturbance at Culna. For, added Mr. Leith, surely the charge of personifying a person whom

the prosecution alleges to be dead, cannot be a very heinous one; and with respect to that of obtaining money under false pretences, as the money was, by the evidence of the very person who had paid it, proved to have been paid in Calcutta, he did not think the jurisdiction could lie in this Court. The reasons for stating this to the judge were, that if he concurred in opinion with him, h

would lay open as little of the prisoner's case in this trial as he possibly could, so that the parties against whom the prisoner will eventually have to institute a suit in the Civil side of the Court, for the recovery of his rights, may not be put in full possession of his case beforehand, and concoct measures to frustrate it hereafter,

The Judge replied, that as Radakissen Bysack deposed that one of the bonds had been signed in the jail at Hooghly, be supposed the jurisdiction did lie in this Court to try that point. Mr. Graham observed, that the deed had been drawn up at Calcutta and the money paid there pre viously: the mere signing of the bond at Hooghly followed only as pro forma.

Curtis then added, that all communications between Judge and any part, under trial in his Court, ought strictly to be made by petition on a stamp paper. He certainly must confess that he had hitherto permitted the deviation of this mode, but he doubted how far he was justi fied in having permitted it. Be that as it may, added Mr. Curtis, I beg that all future official correspondence in this case, between the prisoner and the Judge, may be made in the usual official form, agreeable to the practice of the zillah courts, by petition on stamp paper,

The Fouzdarry Sheristadar imformed the Judge, that the Culna chokydars subpoened in this case, were in attendance here, to the great inconvenience of there duty; been subpoened by the Judge, had been forwarded here and that two maternal uncles of the prisoner, who had by the magistrate of Jessore and were in attendance.

Mr. Bignell replie, that he was of opinion, that a concurrent jurisdiction did lie in this case. He than added, that if Mr. Leith wished him to state explicitly whether the prisoner had committed any actual breach of the Mr. Curtis said, that they may stay at present and peace ar whether a riot and assulat had actually occur- they would be examined hereafter; and Mr, Shaw replied, red by a concussion between the Government officers, and that with regard to the Culna chokydars, he would wil the prisoner's party, during his stay at Culna, he would lingly take up the examination of those who were rereadily admit that there had not ; but so far he considered required in his case, as soon as the counsel for the priso the Charge had been supported by the evidence, viz., that ner had decided on the nature of the demurrer the priso the prisoner had set at defiance with a large, tumultuous ner had put in regarding that part of his case; for it apmob for some days, the public authorities and the pur-peared to him inconsistent to extend the charge to ten wannas of the Burdwan Magistrate, directing him to days, viz. from the time of his client being at Culna, till diperse the mob during his stay at Culna. Mr. Bignell his apprehension. Mr. Curtis replied, that the prisoner's then added, "I do not know what the practice in the defence was so long and had but so lately been put in, King's Courts may be, and what light they may view that he had not had time to read it. It must be translat the crime of imposture or false personification; but Mr.ed to Bengalee for the Moulvee of his court.-Ḥurkarup Leith will, I am sorry to say, find it to be a most serious | January 1. offence by the Mofussil law, and one on which I hope to get the prisoner convicted, and most severely punished; therefore I would suggest to the counsel for the defence, not to be led away by the notion that this is only one, the minor part, of the charge; whereas it is one of the most important portions of it, and which they ought most strongly to rebut.

Mr Leith replied. that as several of his witnesses had sworn, that the prisoner was Rajah Pertaub Chund of Burdwan, if he could establish that point, why he would prove by a naturial deduction from the evidence, that Rajah Pertaub Chund was living; and the prisoner, if he was him, could not be Kisto Lal; and to prove which, Mr. Leith added, I can bring numerous witnesses.

MOTION IN THE CASE OF THE soi disant RAJAH PRETAUB

CHUNDER.

On Saturday the 29th instant, after the examination of Hajy Aboo Talub, Mr. Shaw, on behalf of the prisoner, addressed the Court. He said, thata difference of opinion had arisen between him and Mr. R Graham, one of the attorney's of the prisoner. Mr. Shaw said, that he did not consider it expedient to examine any more native wit nesses regarding the question of the prisoner's identity, and with the exception of 3 or 4 respectable European gentleman, such as Messrs. D. Hare, J, Abbott, Dr. Halliday and perhaps one or two more, he did not consider it advisable to throw open the prisoners case in toto in the present suit, but to reserve it for the civil action which the prisoner must eventually institute to recover his Zemindary, &c. Mr. Graham, Mr. Shaw added, differed with him on this point, and was for exaed requisite to be examined in this case. Mr. Shaw mining many more witnesses than Mr. Shaw considersaid, that in consequence of this opinion he begged the case might be postponed untill Wednesday, the 2d proximo, to enable Mr. Shaw to proceed to Calcutta and Should Mr Leith coincide with Mr, Graham, Mr. Shaw consult Mr. Leith, the prisoner's counsel, on the affair, said he would resume the examination of the witnesses on Monday the 31st instant, but should he concur with Mr. Shaw, then Mr Shaw would write to Mr Bignell, informing him of the result of his consultation with Mr Leith, and resume the case on Wednesday the 2d proximo. In this latter event, Mr. Shaw said, he hoped to be enabled to shorten the proceedings materially, by dispensing with the evidence of many of the wit and

Mr. Bignell replied, that it was sufficiently clear that the whole matter was, whether the prisoner is Kisto Lal or not; and whether Rajah Pertaub Chunder, the Rajah of Burdwan, is dead or not. If these points are not satis. factorily proved on behalf of the defence, why the charge of false personification will be established against the prisoner. Ou the contrary, if Mr. Leith can prove satisfacto rily that his client is the real Pertaub Chund, Rajah of Burdwan, why, the inference will mutually follow that the prisoner cannot be Kisto Lal, and that Pertaub Chund's death in that case, would be proved to have been fictiti But these are points which ought not to be argued in the middle of the case.

ous.

nesses.

Mr. Curtis here observed, that he had, at the express request of the prisoner's Counsel, postponed the case from Saturday the 22d inst., until Wednesday the 20th inst., to enable Mr. Shaw, the prisoner's attorney, to see which of the numerous witnesses here in attendence for the defence were required by him and which not; he was, on coming into Court, informed by these witness. The Judge remarked, that at all events the proceedes and the officer who had charge of them, that they objected to go to Mr. Shaw's residence at Chinsurah; and ings might be resumed on Monday the 31st instant. as he had no power to compel the witnesses to go there, Eventually, on Mr. Shaw's informing the Court, he wrote an ex-officio note to Mr. Shaw, to come and that in the event of his dispensing with the native tes examine these witnesses in Court, where he could have timony in a great measure, the European gentlemen, had a separate room to himself to see and talk with them such as D. Hare, Esq., and J. Abbott, Esq., would on the subject of their evidence; and although the case wish to see the prisoner before they would venture to had been expressly postponed for that purpose, Mr. Shaw depose as to his identity; and as Tuesday was New did not come, but, on the contrary, addressed him a long year's day, if he, Mr Shaw, could, by relieving the at letter, which he (Mr Curtis) did not approve of. Mr, tendance of many wiinesses, shorten the proceedinge

considerably, he did not suppose that the delay of one day would be considered material by the Court.

Mr. Bignell concurring with Mr. Shaw in any mea sure which may tend to shorten the proceedings, the Judge consented to Mr. Shaw's proposal, provided Mr. Shaw would apply for the postponement in a petition to the Court, setting forth his grounds for the request.

A petition was filed by the prisoners' counsel regard ing the demurrers of Prawn Baboo and Rannee To. tah Koomaree, the Aunt of Rajah Pertaub Chaund, and the Ranee, widow of Raja Pertaub Chund, together with those of Bebee Badamy and Dhun Bebee, in which these witnesses had objected to atend on their subpoenas

in this case.

The Judge, after reading the petition, said that the objections of Prawn Baboo were frivolous, and he must attend to confront the prisoner; and with regard to the Ranees and the other respectable females, the maternal aunts of Raja Pertaub Chund, they can, if their evidence is materially required, come down to Chinsurah Rajbarry, and be examined there by confession.

Mr. Bignell remarked, that with regard to the mode of taking the depositions of respectable purdaneesheen females in this country, the regulation stated, that the interrogatories of the mooktars of both the parties, should be committed to writing, and two or more respectable females be deputed on oath to examine them on these queries, to take down their replies, and forward them to the Court; but in this case, it being one of identity, the mode of procedure could not be adopted. He, however, expressed his willingness to lend the defence every assistance in his power, to get the attendance of all the witnesses they may require.

Mr. Shaw suggested, that these ladies might see the prisoner from behind a purdah, perforated with holes to peep through, and examine him, who might be placed in another room for that purpose; but before he could give any reply as to whether he absolutely required the attendance of these ladies or not, as witnesses in this case, he said he would like to see Mr. Leith on the subject.

having recollected the circumstance subsequently, he came now to request the court to add this comission to his evidence, that it may not hereafter be impeached on that score, his request was complied, and the additional paragraph added to his late depositions in this case.

Mr. Shaw asked the sheristadar if he could inform him what was the amount of the proceeds of the sale

of the prisoner's articles. The sheristadar referred Mr. Shaw to the naib nazir, who said that he would be able to give the amount of it at the expiration of 10 days; in the mean time he conjectured the amount to be about 150 rupees, and that many of the articles for want of a purchaser, had remained unsold.

Mr. Shaw asked Mr. Bignell whe ther he would consent to deliver to him some of the most valuable articles of the prisoner in custody of the court, such as fowlingpieces and sabres, for he believed that he might be able to sell them to an advantage at Calcutta, and that he required to raise a sum with the proceeds, to be able to tender the expences of Dr. Halliday, whose evidence he

considered to be material in the case.

We could not distinctly catch Mr. Bignell's reply, but we believe that he said that if the court had no objecction to grant Mr. Shaw's request, he had none.

On the day on which Mr. Overbeck gave his evidence, at the adjournment of the court, the court compound and the entrance room was quite thronged by the popu lace; so that for about 10 or 15 minutes it was almost impossible to pass and repass without difficulty; and the throng, as the Pseudo Rajah left the court to get into his palkee, thrice shouted jey dhummoh Raja Pertab Chunder.-Hurkaru, Jan. 2.

JANUARY 2, 1839.

Cossinath, Culna Police chokedar, deposed. I was in Culna in Bysack last, when the prisoner came there for 16 or 17 days. He only landed once to perform some religious ceremony, and I saw no disturbance created by him or his followers He performed the Dewalie Poojah. None of the Culna people were alarmed at his arrival, and he never defied the public authorities there.

Orjoon, Teencourie, and Peetumber, Police chokehdars at Culna, confirmed the testimony of the above witnesses almost verbatim.

After this Mr. Shaw said that he would dispense with the evidence of the Nazeer of the Civil Court of Burdwan, because ever since his arrival at Hooghly on his subpoena, he has refused to accompany Mr. Shaw to see ihe prisoner, and he has been residing during his sojourn at Hooghly in the house of the mooktar of Prawn Baboo, for his affairs in Hooghly district Courts. With regard Louis Alexander Frederick Theirs deposed. I was acto Cazee Russoolbux, Sudder Aumeen of Zillah Bur-quainted with General Allard, who is now in France. dwan, who had written that he did not recollect Rajah General Allard did see the prisoner in the jail at HoogPertab Chund sufficiently, so as to be able to deposely, and recollected having seen him previously at Laregarding his identity, and that he was unable to attend hore. I went with Doctor Leotard to see the prisoner the Sessions Judge's Court at Hooghly, because of in. in the Hoogly Jail, and was surprised to see him recog disposition, Mr. Shaw believed he must likewise, after nise Doctor Leotard. seeing Mr. Leith, dispense with this witness; but he could not help remarking that by so doing he feared that he was encouraging the other witnesses to start up similar pleas in order to get rid off their attendance as witnesses in this case for the defence.

Mr. Bignell informed the Sessions Judge, that if he considered the evidence of the two maternal uncles of Kisto Lall, who had arrived from Zillah Jessore, to be material, he could examine them; but as far as he was concerned, he did not think their depositions very requisite to his case; and if the Judge coincided with him he would order their release at once without taking their testimony, the Judge concurring, they were discharged without being examiend.

Hajy Mohomed, who had been examined on the 20th instant, attended the court on the following day and in formed the Judge, that when questioned by Mr. Bignell to mention the cases in which he had formerly given his evidence in court, he had forgotten to mention a pauper case in this court in Mr. D. C, Smyth's time, but

Goluck Chunder Ghose deposed, that he was former

ly a tutor to Rajah Pertab Chunder, when he was very young. He taught him English six months, and quitted his service in 1803. Since that period he never renewed his situation at the Rajbarry, but he married and settled at Burdwan and served in various situations in Calcutta, and he continued at various times to see the Rajah Pertab Chund, both at Calcutta and at Burdwan, for many years. Subsequently to the Rajah's reappear. ance, I visited the Rajah in the house of Rada Kissen Bysack at Calcutta, and we mutually recognized each other and talked over old matters.

The prisoner I know to be Rajah Pertab Chund of Burdwan. The prisoner is older, darker and thiner than he was when I formerly knew him. I had heard of his death and burial, but I soon afterwards heard that he was living in exile, and that a box, was burnt in lieu of his corpse. I questioned prisoner to-day in jail, regard ing his identity. I have given evidence in 2 or 3 cases formerly.

Goopee Moira, shopkeeper of Burdwan. I used to nobody could give any reason for his adopting this step sell articles to Rajah Tej Chunder and Pertab Chunder. Of the six Moguls who accompanied me to Culna on the I recognize the prisoner to be Rajah Pertab Chunder. aforementioned occasion, three of them died at Hoogly Ram Dhone Manjee, I was formerly in the zemindar shortly after the disappearance of Pertab Chunder, and of Teleemaree's employ, whom Rajah Pertab Chunder the others have returned to their native country at Affformerly used to visit. I saw him often there and ac-ganistan: what has become of the other, I do not know. companied him to Moorshedabad. I subsequently to his Hakeem Usker Ally died at Calcutta three months after re-appearance saw him at Allypore, when he was in custody there, to be brought to give evidence in a case in the Supreme Court, and recognized him to be the Rajab

Pertab Chunder.

Questioned by Mr. Bignell. I was confined on a charge in the Mofussil Jail, but I was never tried nor convicted. I am now the manjee of the ferry boat at Pultah ghaut, and in the service of the Judge of the zillah, and am paid by the zemindar.

Agab Abbas deposed. I was for 7 or 8 years jema. dar of the Moguls formerly employed in the Rajbarry at Burdwan. I used to receive the daily treasure remitted to the Rajah, and in the evening to pay it over to the dewan. One day about 2 months after the return of Rajah Pertab Chund, he despatched me to call his doctor, hakeem Uskur Ally. The hakeem came, and examined the Raja, and said, that he was not seriously ill, but that be was feverish, and advised him to eat something cooling, and he eat a few oranges. A few days after this, Rajah Pertab Chund expressed a wish to go to Culna Raja Tej Chunder objected, and said, why go there? but Raja Pertab Chunder persisted, and ordered me to get six Moguls mounted, and accompany his train to Culna. I asked Raja Tej Chunder what I was to do, and he replied obey your orders. The next day, 1 left the other Moguls in charge of the treasure at Burdwan, and accompanied Raja Tej Chunder and Rajah Pertab Chunder with six Moguls to Culna, where we put up at the Rajbarry Raja Pertal Chund was lodged in an upperroomed apartment. He subsequently expressed a wish to be taken to the river side, and he was taken up by the arm-pits, put in a palkee, and taken to a tent by the liver side. I was desired to stay and guard the treasure. Messengers were laid from the tent where Pertab Chunder was removed, to the Rajbarry, to give intelligence of what may transpire. The first

messen

ger arrived at about Jusk, and said, that the young Raja had sard, that he would not die for one hour yet. After the expiration of this period, Baboos Bussant Lal and Nundoo Lal came and informed Raja Tej Chunder, that the young Rajah was dead or had disappeared. Tej Chunder said, that it was very strange, as he was not very ill, and neither of his physicians, Askur Ally, who has attended him all day, nor Zuffer Allly, whom I sent for to-day by the hand of Agga Abbas, and who gave him some majoom. He did not apprehend any thing serious; but if he is really dead, perform his funeral obsequies. Nundoo Lal then went to perform the ceremonies, and Raja Tej Chunder wept and returned the next day to Burdwan, where I subsequently, with the train under me, joined him. Just previous to my leaving Culna, I heard contradictory rumours. Some said there, that the young Raja was dead and burnt, and others that he had abdicated the guddee and gone in ex. ile to the Nabob of Moorshedabad. I did not mention this circumstance on my return to Burdwan to the elder Raja. A few days after my return to Burdwan, I felt melancholy for the death of Raja Pertab Chunder, and requested my discharge; and although Raja Tej Chunder wished to retain me in his service, I took a certificate from him of my services, (This certificate the witness produced in Court, and it bore the signature of Raja Tej Chunder) and having received my pay, I made over the treasure to Purran Baboo and quitted the service of the Rajbarry and came to Calcutta, where I saw Hakeem Askur Ally, and questioned him about the mysterious disappearance of Raja Pertab Chunder. The Hakeem said, the Raja is not dead, but has gone into exile; but

the alledged death of Pertab Chunder. After the return of Pertab Chunder from Moorshedabad, he began to and the Raja his father got angry with him, and rebuked erect an Emambarah, and a Mahomedan caravansarai, him, and said what have you, who are a Hindoo, to do with Mahomedan religious edifices and ceremonies. Pertab Chunder replied, it is my pleasure. In consequence of the rumour of Pertab's appearance, I went to see him at Bancorah. I then recognized him and he me. Then he went under the assumed title of A luck Sbah.

The prisoner is the true Rajah Pertab Chunder, and I am quite certain of it. I went with Nabob Baboo and the Magistrate of this district to see the prisoner in the Hoogly Jail, where I mentioned to the Magistrate, in the presence of the Darogah, that I had recognized the pri soner to be Rajah Pertab Chunder, only that he was thinner, darker and older. Since my discharge from the Rajbarry, I have supported myself by trading.

Doctor Leotard deposed. I was formerly acquainted with Rajah Pertab Chunder, son of Rajah Tej Chunder, of Burdwan. I had known him in 1820, and I saw him at Burdwan three different times. The interviews were regarding the sale of my indigo factories to him, and I subsequently saw him at my factory at Culna. I recognize the prisoner to be Rajah Pertab Chunder, the son of Rajah Tej Chander, the person I have alluded to in my depositions.

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Mr. Graham asked the Judge whether the witness from arrest from debt in civil cases during their attendwho were subponed in this case, would be protected Mr. Graham added his reason for putting, this quesance in this case. Mr. Curtis replied in the affirmative. tion was, because he had been informed that some witnesses objected to attend to their subpoenas in this case, because there were writs for debts pending against them, and directly they quitted their houses they feared being arrested.

Mr. Curtis expressed that the copy of the prisoner's defence, as translated into the Bengally language, be expedited and the original handed to the law officer of his Court to enable him to judge of the nature of the prisoner's defence. He added, that he supposed Mr. Shaw's native writer might have done the needful long before this. Mr. Graham added, that he believed the work was nearly finished, and he would bring it with him on the 4th instant into the Court.-Hurk., January 5.

JANUARY, 3, 1839.

David Hare, Esq., Resident of Calcutta, deposed. I am Secretary to the Medical College at Calcutta. When Rajah Pertab Chund of Burdwan was in Cal.. cutta, I had opportunities of being acquainted with him. It was during the years 1817 or 1818. I was six or seven times in his company, and each time for an hour to an hour and a quarter at the Rajah's house in Chowringhee. I think the prisoner resembles the Rajah Pertab Chund very much. I have seen the picture in the room adjoining the Magistrate's Court. I examined the prisoner very minutely with it, and I traced a strong resemblance between the nose and the eyes of the pri soner, with those in the picture. The prisoner's nose is a little bent; but the chin and the depression under the lower lip are similar. The countenance and the color of the picture are fuller and fairer than the prisoner is now, but the general features are the same and the pri soner to me appears to have been reduced and gpown darker now thean he then was. At first, in consequence of