can't tell you without looking at the accounts. I can't he was in my employment on the 11th Bysack 1240. tell you what proportion the revenue bears to the rent. Because the Days sent him to me, I used to give out that On the Friday satisfaction was entered, and on the day he was in my employ. The day following the sale to after I went to the Days. I might have gone in my in- Prosoonocoomar was the first that I spoke to Radakissen fancy, but not after I came to man's estate. I am quite Mitter. Ramchund Mokerjee is a man that sings songs sure I did not go there on the 15th; I have received since at our feasts, and therefore I knew him. An affidavit the profits of the talook as it is mine. I cannot say was prepared, but I did not swear to it-it was prepared how much indigo has been made, grain and other by Swinhoe (Exhibit R.) I am not able at English, but eatables have been sent to me and I cannot say what these I can read it. This was the affidavit; was I to swear to may have come to. Taking the average of 2 or 3 what was not true? I know this paper. (Exhibit S.) years' income we calculate the profits. I know Nilmony this a receipt I received from my mother to make it appear Dabee; she is my sister. She has filed a bill against that she had received the gold-mohurs on account of an me. I do not recollect if I have given any account for entry in my father's books. This was the resolution come the profits of that talook to that bill. I may not have to at the time of the boynaputta; it was on the 8th set it forth in my answer. My father left her a legacy, Shrabun and before, at Mr. Swinhoe's office. I got and I am in possession of the estate. First there was a Wordsworth to witness the receipt. Kalicinker Chatterpartial partition when we were to pay the debts jointly, jee, who is a servant of the Days, is a witness to it. The a second partition was that Shamloll was to pay them. defendant sent him for the purpose of his becoming a This has been carried into execution. I have paid Bus- witness to the receipt, he did not witness anything more. tomdoss Mullick; I think Samasoondary Dabee has been Soorupchunder Day, another witness on it, was a man partially paid and some moytie made her. If this mat- of Wordsworth's. I did file a bill against the Days. ter was not benami, why am I in this prosecution? The Within 2 months after the execution of the bill of sale, government made a claim, but whether just or not II demanded it from the Days. I first begged of Swinhoe can't say. There was an advertisement to sell that pro-and other persons to use their influence, and I afterwards perty for Government revenue. No person on behalf of had recourse to Judge in his official capacity to demand Government applied to me for Government revenue. A it. About 12 or 13 months after the occurrence a comprosmall matter like this I cannot swear to. Govinchunder mise was effected, deeds executed in Swinhoe's office. Sircar or Tusseeldar I do not recollect having seen. I(Exhibit T. and U.) Lease and release shewn. These really cannot say whether I have paid any Government are the deeds that were then executed. On the day of revenue for this garden since my father's death. My the execution of these deeds Thompson was present. sircars pay these things. They do shew us the paper of I changed from Judge; I don't think he knew anything whatever is necessary to be paid. If I happen to be out of it before that day. Thomson, Swinhoe, Hurrisof the way, and it is a proper expense, and in case of chunder Tagore, Gopenauth Roy, Aushotosh, Proemergency they will pay it without applying to me. mothonauth, and Radakissen Mitter were present on They would not have paid anything without my leave, that occasion; there may have been sircars and if it was a benami transaction. There was a running ac- such like people of Thompson, but I don't recolcount between me and the Days, and the whole of my lect. The profits of my pergunnah were all stopped property was in their hands. After the death of my fa- in the hands of Prosoonocoomar Tagore, and I ther, I was in the habit of going to Swinhoe's office, and had nothing to pay my expenses, and I was helpwas in the habit of seeing Radakissen Mitter there. After less; this was the reason that I gave up my garden in this that gwala (bill of sale) to Prosoonocoomar, I be. compromise. The Days said they would give up the purcame better acquainted with Radakissen. I was gunnah and garden, and all after a settlement was come not on terms of intimacy with the Days. I think to with my creditors; they put me off from time to time, we were not on speaking terms in consequence of a and at last said they would not give anything unless they Dhurmah Shubba matter between them and us. I had had the garden. The creditors were Bustom Doss, confidence because Radakissen Mitter and Mudden By- Juggomohun, and Obhoy Dabee. Samasoondary Dabee, sack were good men. There was that running account, wife of Juggomohun, is a cousins' daughter of mine. and the understanding that whatever money I was to receive I was to pay 10 per cent. and they were to pay 8 per cent. for money of mine. I don't know whether Kalicinker Chatterjee was the servant or friend of the Days; they used to give him money; he was a ruined man; he went about skulking from place to place; he had a mortage to Ladlymohun; he never was a servant of Ladlymohun. In consequence of that mortgage, he used to come to Ladlymohun's house; he did not leave in L.'s house; he came whenever he had occasion. I believe his father's house was in Simlah. I don't know whether he used to live in the homestead of the Days, but he was a dependant upon them; he used to entreat and flatter the Days; he was our enemy in consequence of our complaining about him regarding that property of his. The Days' people and ours were considered to be one, and he was sent to us, and I had confidence in him. The Days had sent him, and I was so situated that I was obliged to do what they wished; it was not in consideration of him, but on account of the Days that he identified the female of the family. I have heard that Kalikissen is dead. Ramchund Mokerjee is a bad man, and well acquainted with law affairs. A crafty man. I don't recollect my going with this man to the office of Swinhoe; he used to live in the town, and I had seen him before the day he brought the draft of the letter. As the Day's man he conducted my suits before them. On the 22d of April-I can't say, unless I know the Bengalee date, if I knew him then. I can't recollect if Ramchund was a writer in Mr. Wordsworth's office; I do not recollect if

Obhoy Dabee is the daughter of Soojoocomar Takoor, the mother of Prosonocoomar. They made me give a note for 85 gold mohurs, 9 rupees, 2 annas. This is it (Exhibit V.) and I executed a note for the expenses of making the benami. The recitals in deeds of compromise are all the same. I was straightened in circumstances and did what they told me. I did not know at time of my father's death but I knew afterwards that I would have to take an oath of the administration of my father's estate. I took out probate, and swore that I would faithfully render an account of my father's estate, and file inventory within six months. I was not bent on defrauding my aunt, my brother, my cousin, or Bostom Doss Mullick. From the result I suppose that the Days object in entering into this conspiracy to defraud my father's creditors and legatees was to get all the property into their possession. Radakissen Mitter asked me to lend him 10,000 rupees, and he said he would protect my property. States that he had been with Swinhoe, Judge, Thomas, Marnell, Ochme as attornies. I did not mention this request of Radakissen to any of my attornies. There was a great deal of botheration about this affidavit, and therefore I remember the contests. Swinhoe first told me to give him instructions about it, and he came to my house with this paper, (Exhibit 12,) and I gave him instructions on a Sunday. I don't recollect if Ramchund Mookerjee was present, but this was done by the advice of Radakissen Mitter. It was by his advice that I gave instructions for this affidavit. I don't recollect if I gave him instructions before this. I made a state

ment to him about the note to my mother, and he took | Promothonauth said, bring Hurloll and all the papers a note of it in English, and afterwards it was explained to-morrow evening. I then went down to the 2d story. to me in Bengalee; this I gave him instructions to insert, During the interview Muddunmohun Bysack was sent and it was false also. I do not recollect whether I told for and he came; he was present while all this was said; Swinhoe that this was false before I settled with Sham- he was present all the time and the three other persons. loll. (Exhibit No. 2 shewn)—This is my answer and All went down stairs. Radakissen, Aushotosh, and sworn to by me. It was not before the letter, Exhibit Promothonauth said be quick and get the papers preN. from Mr. Swinhoe received that I told him that this pared. On the following day Hurloll and I went there affidavit was false as stated in my answer. I do not re- together. Radakissen, Aushotosh, and Promothonauth collect that I told him the Sunday he came to my house said the reason why he was to be quick, was that a judg with the affidavit; I cannot fix the time when I told him ment had been obtained by Bustoindoss Mullick, and a it was false. I do not recollect if Mr. Thompson was at decree would be obtained. On the following day Hurloll, Swinhoe's before writing those deeds with me. On the a hurkaru, I and the coachman and syce went. I don't days the deeds were executed I brought Thompson to his recollect hurkaru's name; no other person went with office, but I don't recollect if I brought him previously. us. After the close of day; we took with us a bill of I saw Mr. Swinhoe before the mention about the com-sale that was cancelled and other papers. Promothopromise. Swinhoe said it would not appear well if I nanth and Radakissen were there and Aushotosh was did not bring Thompson. I don't know whether I went sent for. I knew Tarakinker Chatterjee I saw him that for him or how he came, but he did come to Swinhoe's evening on the third story in the same apartment. It office. The deeds were prepared previous to the day of was only a little time before Aushotosh came. Radaexecution, and not upon it. Swinhoe had prepared the kissen said in the manner of the understanding which I deeds. I do not recollect whether I took Mr. Thompson have come to with you, get the writings made ready.' there previously. There was no discussion about Hurloll said very well; and the letters were got ready. the manner of drawing the deeds but only about the They were prepared by a moonshee of the Baboo's, his costs; before the day of the execution there was no dis- name was Commol I think. Tarakinker Chatterjee was cussion about the mode of preparing the deeds. I do there. One of the signatures to the bill of sale was affixnot recollect any discussion, or that Swinhoe told me ed by Hurloll Baboo; it was after 2 and before 3. It that Thompson should prepare the deeds. On 7th Shra- was not witnessed that night; it was arranged that we boon I first went to the house of the Days, that should go next morning and get the papers witnessed. I was the first time, and I do not recollect how many don't know whether the hurkaru was in the carriage. We times I was subsequently there. I never went to went next morning about 8 o'clock. We found Radathe Days on business until this day of the execution. kissen, Promothonauth and Aushotosh Day; Hurloll, The Days purchased the stamp paper in the name a moonshee, a hurkaru, and myself went up stairs. It of Gopenauth Roy. I purchased that on which the was Hurloll's moonshee, it was not the same hurkaru as bill of sale was executed, and they purchased the went the first night. The name of this one was Guddah, others. On the first occasion I went up to the third he is now in Hurloll's service, the first is not now. They story and Aushootosh, Promothonauth and Radakissen and I, and Kalikishen and Gopenanth sircar were all present; Taracinker did not go with me. There were others but not of my acquaintance. I went to Allipore and directed the Moonshee to get it registered but I was not present at the time. I was out. Muddenmohun Bysack first came to me and suggested a compromise. I did not make the proposal to give up the garden if they gave up the talook. The Days made this proposal to

me.

Re-examined by Mr. Prinsep.-When I swore to the answer to the cross bill and what has been now read, the chittee or what was written on it was not before me nor had I any copy of it. The garden was my in possession about a month after the partition between me and Shamloll. The annual Government rent is 50 or 60 rupees-I mean to include all the land in this? The Days did not get any thing of the profits from the talook, from the execution of the benami sale to the compromise; but they attached I would not swear to that affidavit, the Days wanted me to swear to it. The part of the affidavit of my mother was struck out without any instruction from me.

said "whatever is to be written and signed let it be done." An echrah was written, and an instrument of boynaputta and other papers. I believe I was a witness to some papers. (Exhibit I shewn.) On the following morning I put my name to this. I see Hurloll Tagore's name, he put his name to the receipt, the signature to the bill of sale was put in the night time. Tarakinker_Chatterjee, Hurrischunder Mitter, Nobinkistoo Bose, Rampersaud Mullick, and no others were witnesses. Yes there is one below, Bholanauth Doss. I did not know all of them. Those who wrote their names in my presence I can say, they are Tarakinker, Hurrischunder, and No binkistoo. I know Nobinkistoo, he happened to be sit ting there at that time. He is an inhabitant of Mohesapore, Tarakinker Chatterjee lived at Kidderpore: Hurrischunder I did not know before, I suppose he must have received or anything else by Hurloll on the first night, been a relative of the Days. No Company's paper was a boynaputta was next morning executed, upon which a a Company's paper was put into Hurloll's hand, and he wrote something upon it and returned it immediately (Exhibit I shewn). This is the boynaputta. In the morning following this was drawn up and signed. I see Gopenauth Roy.-I am in the service of Hurloll Ta- my name as a witness, my own name, and that of Tara gore, was in his father's service for one year, and have kinker Chatterjee. I signed this in the morning, the been ever since in Hurloll's. I know of the mortgage same morning as the receipt was signed. (Exhibit K by Hurloll to Dwarkanauth and of its being broken off; shewn.) Speaks of the witnesses. I saw Tarakinker, he sent me after it was set aside to Radakissen Mitter to Hurrischunder, and Nobinkistoo subscribe this paper, the homestead of Aushotosh Baboo I saw him on the 3d (Book M. Entry. No. 1, shewn.) I never saw the origi story of Aushotosh Baboo's house, and the latter and Pro-nal of this before, the Days never gave such a receipt as mothonauth were present. I speak not with a lively re- is mentioned in this, (read, the names of the witnesses to collection of the latter being present. I entered into a this,) some of this persons are subscribing witnesses to the conversation with Radakissen. He sent for the defen- other papers. I know Ramdhone Sain, he used to live dants, they came, Aushotosh came, Radakissen said "the in the homestead of the Day's but whether a mohurrer understanding that has been had with Hurloll has been or cashkeeper I do not know. Hurloll put his name on terminated and let it be put into writing. Hurloll Ba- the back of the chittee to the cashier. (Exhibit Ļ boo intends to place his estate and effects in your hands shewn.) He wrote this name (points to the signature of benami and of the talooks, garden, and so forth, to be Hurloll) he brought this down in his hand, and Radaplaced in your hands benami on the money you will give kissen and Promothonauth went down to the 2d story. I him." At this conversation all three were present. remained sitting above and they went down. I remained

for half an hour or three-quarters of an hour. Bhoyrub done. Hurloll said a writing must be given, but he moonshee called me and I went down. Hurloll did not said, if there is truth above, I will get back my property. go up again after they went down. I did not see any Cross-examined by Mr. Clare.I was a mohurrer in gold mohurs. I did see about 100 gold mohurs in the Ladlymohun's service at 10 rupees a month. On his hands of Promothonauth who asked the people whether death the sons quarreled and I attached myself to Hurloll. they were new or old. Hurloll did not come back with I never left him. My house is at a distance from this any gold mohurs, no one borught any up while I was place and I used to stay longer than my leave, and he there, when we first went there these gold mohurs were discharged me for a few days, I was sick and took shewn. When I went down I saw Hurloll sitting in his physic. Fuckeerchaund was taken in my place: the carriage, and he said "come along." Bhoyrub moonshee money that I took from Hurloll I used for repairs. He had first come up with us, when Hurloll went down to never charged me with taking any money. I repaired the 2d story, Bhoyrub went with him. When I got into the house I believe in 1,240. The house was in Ramthe carriage I saw three boxes; on seeing them I asked bagaun; this was previous to the settlement. After the Hurloll about them, he went away home with the boxes. repairs were completed I was taken ill, and went home. No money was paid on that occasion to Hurloll by the I don't recollect how long; about a month. I returned Days or any other persons. Ramchund Mook eerjee before the benami settlement. I returned, I believe, in was there, he was intimate with the Days, he used to Assur 1240. It was 1240 or 1241, it might have been come seldom to Hurloll's. On the occasion that Hur- at the beginning or the end of the month. I arrived loll wrote a letter to Swinhoe about his costs; that was here previously to that settlement in Swinhoe's office. within 15 days of the time of the sale. I saw the letter. The conversation behind the screen in Swinhoe's office I cannot write English. I was sent to Swinhoe with about the receipt was not in the English language; Hurloll's letter to the Days. I saw Radakissen Mitter I said I did not know the purport of the English and Promotionauth. I saw them on the 3d story, they writing. I did not say they were sitting on chairs; they came down to the 2d story. They said "sit down, got up and went to a little distance; they were standRamchaund, will be here presently and he will go with ing during the conversation and I was standing. Huryou. 85 gold mohurs were given me by Promothonauth.rischunder Tagore heard it, Promothonauth and RaRadakissen said to Ramchaund Mitter, "I will tell you dakissen both together said, one spoke, before the what to say that you may take it down in writing to send other; Radakissen spoke first and Promothonauth followed to Mr. Swinhoe." The draft was made by Ramchaund saying, what is to become of the receipt we gave you? Mookerjee; Radakissen and Promothonauth were present. After they had both spoken, Messrs. Thompson and Swinhoe I went to Hurloll with that draft, he saw it, and a fair said that owing to the delay they must go to the Court. copy was made of it. Hurloll put his signature to it; he There was a talk among them, but the attornies did not was then living in a house belonging to the Days, which know what they were talking about, but said they must he rented from them. As this property was made benami go away. I don't know whether either of them heard he left his family house where he would constantly see Hurloll say he had never got a receipt from the Days. the members of his family. The 85 gold mohurs which I know very well Hurloll said he never had got a receipt I brought, I put into the hands of Ramchund Mullick from them; I don't recollect when he said so to the in the presence of Hurloll. He bade Ramchund give attorney. Hurloll said that if his property was sold it 57 gold mohurs to Swinhoe and 21 to Wordsworth. I would go for nothing, but if he got it preserved he could went from time to time to the house of the Days. I went pay his creditors by degrees. Radakissen said on the once with Hurloll there. I was present when he asked first occasion that if the property was kept in their, the the Days to give him a writing to say that it was bena- Days, name, the property would be preserved. Muddenmi. He said all these matters are mine, and are in your mohun Bysack was there who knew me. This converhands benami. Radakissen and Promothonauth said, to sation took place on the second story. I first went to the give a writing of this kind will not be well, if the cre- 3d story and afterwards came down to the 2d, where a ditors hear of it all these papers will be useless. Bus-conversation took place between the Days, Radakissen tomdoss Mullick and Juggomohun both complained and Muddenmohun Bysack. The conversation took against Hurloll in court against the Days at the same place on the 3d story and again on the 2d story. time. The Days at one time agreed to give up the I did not see Muddenmohun Bysack on the 3d property; this was before the settlement with the story; this conversation took place before I saw Mudcreditors. They said they would not keep the pro-denmohun Bysack. The conversation about the sale perty of a Brahmin, and would give it up, when being benami took place both on the 3d story, and the settlement with creditors took place. Radakis-again when we came down on the 2d story. I do sen said to Hurloll, you have settled with all your not recollect the name of the hurkaru who went first. I creditors, and Promothonauth was sent for, he came, dont see him, he is not now with Hurloll. On the signand Aushotosh, Promothonauth, and Radakissen said ing of the bill of sale we went away before 3 in the you have settled with your creditors and we will give morning. Promothonauth and Aushotosh were then up all but the garden." I said, why will you not give there. I knew Nubokistno Bose; he was never in the up this; they said we have laboured and been at great service of Hurloll. I had known him 5 years before, pains about this, and therefore we will not give up the he never was in the service of Ladlymohun. I never garden. Tell your bahoo to give the garden, and we saw him while I was in his service. I never heard of will give up the talook. Hurloll at this time had no his being naib of his talook Pattleahdo. I never income to live upon save what he got here and there from heard that he was in Ladlymohun's service. I did not Prosoonocomar Tagore and others. I was present at see him at his house. I have no recollection that I deeds of compromise, but did not witness them. Upon ever saw him there. Occasionally I went in the carriage that occasion when the papers were preparing in Mr. with Hurloll; it was a great carriage; a Doctor's carSwinhoe's office, Radakissen called Hurloll aside to con- riage; it was in this that I went with Hurloll to the ceal what was said. Hurloll got up and Promothonauth Days. The boxes were put where your feet are placed. went with him. Radakissen and Promothonauth, said Boyrub carried two boxes and Guddah hurkaru carried to him where is the receipt we gave you? Hurloll said, one; they were not heavy; they were locked; they had I never gave you one, how can I give it up? they said if fixed locks not padlocks. I don't know who had the key. that be the case, how can a settlement take place? upon Boyrub and Guddah hurkaru carried the boxes that which Radakissen said there is one expedient; but I don't same evening; the three boxes at Hurloll's were put recollect the word used, as I don't understand English. in the frosakanah; that room was not locked; the serYou can say it is lost. Promothonauth said if you vants were constantly there. I was told in the evening can give a writing that it is lost, this settlement can be how they were disposed of. When I went to Swinhoe's

office with the gold mohurs, I saw Ranchund Moo- that I had got three boxes in the middle story and had kerjee. I don't recollect if he was sent for, or was placed them in the carriage. walking up and down; he was not there immediately Gudha, hurkaru, examined by Mr. Pearson,-I am when I went in; I had known him for 4 or 5 years pre-Hurloll's hurkaru. I did accompany him in the year vious to that. I did not purchase any stamp any where that I am quite certain about.

Bhoyrubchunder Moonshee, examined by Prinsep.-I am in the service of Hurloll. I have been for 10 or 12 years, and was in that of Ladlymohun. I did go to the house of the Days with him, on 8th Srahbun 1241-it was a Monday, early in the morning. Gopenauth Roy and Gudha, hurkaru, went with us, we went up-stairs, I saw papers executed, a receipt to a bill, of sale a boynaputta and an eckrah. (Exhibit K. shewn). This is my signature, I was there all the time. After the papers had been executed Promothonauth desired Hurloll to go be low with him, as they were going down, Hurloll called me to accompany him, from the 3d story we came to the 2d story, we three came and the hurkaru with us, we went into a room on that floor. Promothonauth shut the door, and he and Promothonauth walked to and fro, the latter addressing me said, take these three boxes away with you. They were hand boxes; I put one upon the ather, and lifted them up for the purpose of carrying them away, Promothonauth said, do you take two, and the hurkaru take one, the door was then opened, and we all came away, we replaced them in the carriage, the boxes were shut, they were light. I went up again after taking the boxes, Hurloll said, Gopeenauth Roy is up-stairs, call him down. I did so, I did not go up for any other purpose. When we got down Gopeenauth went to the carriage with Hurloll and I went on the coach box, on reaching the house, Hurloll alighted and told me to place them in my dufterkanha, and in the evening to give them to the Days. I placed them in my dufterkanah, and in the evening took them to the Days. I saw Promothonauth there, I said Hurloll has sent the boxes; he said, leave them and go; no receipt was given. I was up-stairs when the papers were executed, money was paid, I saw some gold mohurs about 100 or 150, within 200. They were in a bag, Promothonauth took 5 or 6 in his hands and shewed them to the people and said, are they old or new? None taken at that time by Hurloll. (Exhibit J. shewn.) This is the banaputta which I have spoken of. No receipt was given by the Days to Hurloll. (Exhibit M entry,) no, this was not given. I know Tarakinker Chatterjee, he

is dead.

1241, on the 8th Shraban. Gopenauth Roy, Bhoyrub Moonshee, and the baboo went with me. Hurloll went up to the 3d story Gopenauth and Bhoyrub and I went with him. I remained standing in the veranda in front of the boytakannah, Hurloll remained there till 8 or 9 o'clock, he then came back to the 2nd story. I accompanied him. Bhoyrub Suttoo is Baboo Suttoo's brother. Gopenauth remained on the 3d story, we afterwards went down, in the 2nd story we went into the boytakannah a long room. Bhoyrub and Promothonauth went into the room. I remained out, Bhoyrub called me in, Promothonauth said, take these boxes, Bhoyrub was taking them up, Promothonauth said take two yourself, give the hurkaru one, elso what will people say? I carried down one and Bhoyrub carried two and placed them in the baboo's carriage. I and Bhoyrub baboo went into the carriage. The baboo said where is Gopenauth, he was called by Bhoyrub, they were placed in the carriage, and then in the house they were placed in the toysakanah or dufterkanah where the baboos sit. In the evening I carried one and Bhoyrub carried two to the Day's by Hurloll's orders.

Cross examined by Mr. Clarke.-This is Bysack and may be the 5th or 7th I cannot say which, we are illiterate people and cannot speak of these months. I know it was 8th Shrabun this transaction took place. The mohurrers and people write down dates, and we come to hear them, no one told me it was 8th Shrabun. I can neither read nor write. I stood upon the door frame inside. I saw the Baboos walking to and fro, I stood within the door frame when the door was shut, Promothonauth shut it, I moved a little aside when he shut it, before shutting it they were walking up and down, they were talking among themselves. I don't know of what. A little after they talked they shut the door, and after shutting they did not talk long before we took the boxes away. I don't know what passed between them but when Bhyrub took up three boxes Promothonauth said what are you doing, what are you doing?' I don't recollect where the door of the boytakannah was. Promothonauth said to Bhoyrub "don't carry three boxes people will say you are carrying empty boxes, and they don't contain money." I heard this said to Bhoyrub.

Shamloll Tagore in reply to Mr. Clarke.-I was not in Court, during any part of the trial nor during the Advocate-General's speech, I heard no part of it.

Cross examined by Mr. Leith.-I both heard from Hurloll and Gopenauth that they had been at the Day's the night before. I cannot say whether I was at Hurloll's the night before I went to the Days. Examined by Mr. Prinsep.-I am a son of Ladly. I lived there, and may have been. Hurloll did not mohun. I cannot say what his estate was worth, I can't say any thing to me at the time of going on the state unless the estate was wound up. There were morning of the 8th. I accompanied Hurloll as his debts upon the estate, I have had the principal arrangeservant, and in consequence followed him up-stairs as ment of the eatate. The claims of Juggomohun and his servant. The conclusion of what was going forward Bustomdoss Mullick were settled. I and Hurloll did when I was called upon to witness a paper the eckrah. come to a partition. (Exhibit H. shewn.) This is I asked Hurloll why he was giving that agreement, in that agreement signed by him. To the best of my answer to which he said he was placing the talook and judgment the present value of that talook outstanding garden to benami to the Days. Gopenauth was in the balances are worth 3 lakhs of rupees and the garden same room, but not near, he did not go to the 2d story, at Chitpore, worth 50,000 or 60,000. The Swinhoes he was up-stairs when the boxes were removed, he did were my father's attornies. I know Mudden Bysack, not see me remove the boxes. How can I recollect the Mr. Swinhoe's head writer. John Swinhoe I employ size of the room! If I had been in the habit of going to take out probate. I remember going to Tumlook, I there, I could describe. I don't recollect what place of left Hurloll manager. I desired Mudden, whenever the room, whether at the centre or at either of the ends, any business occurred, which required Mr. Swinhoe's the boxes were. No one mentioned to me any parti- attention, to attend. Hurloll was constantly quarrellculars about the boxes. Gopenauth was not exactlying with me and threatening to apply to the Court, near me, he was in the room during the conversation, he unless I came to a partrtion with him. I think previous was nearer the baboos than me. I did not think that to this the talook was sold to Prosoonocoomar, this sale the boxes contained gold, they were too light. Promothonauth did not explain to me, why if I carried the three boxes they would not appear to be gold mohurs; Gopenauth did. After placing the boxes in the carriage, I went up-stairs to call Gopenauth, I told him

was cancelled (To a Juryman.) I cannot say what was the amount of Ladlymohun's debts, the principal creditors were Juggomohun Mookerjee, Mackintosh and Co. Dia Dabee and Bustom Doss Mullick. There is an account of Dwarkananth Tagore which is not yet settled.

B b

We have paid a part of Mackintosh's claim, and have confessed judgment. I don't know what the date of the arrangement with Dwarkanauth. I don't know what the money to be got from Dwarkanauth on mortgage was to be done with. I am not acquainted with the arrangement with Dwarkanauth, I have only heard of it.

George Higgins, examined by Mr. Pearson.-I was attorney of Bustomdoss Mullick. (Exhibits W. X. Y.) Mudden Bysack was head native to Swinhoe, he cannot be found.

Cross-examined by Mr, Leith. It was sometime after Mr. Pearson had began to speak that I saw Shamloll in the court, Mr. Hedger sent him out, he must have been in for a quarter of an hour or 10 minutes.

A. D. Kemp, examined by Mr. Prinsep. -I believe Wodsworth to be dead. (Exhibit) I am a witness to this, I was then in Wodsworth's office. I received the instructions from Ramchunder Mookerjee who always attended at that time as Hurloll's agent. At that time I believe he was very far from being connected with the Days. I saw Tarakinker Chatterjee at the house of Hurloll, and he pointed out the mother of Hurloll on that occasion; he appeared to be intimate with Hurloll. Hurloll said, that the receipt was to shew to the creditors that he had not possession of the money which his mother had detained out of a sum of money he had received from Aushotosh Day. I believe Ramchund was present. I had nothing to do with Wodsworth's receipts of money. Wodsworth attended on behalf of Hurloll.

Cross examined by Mr. Clarke.--Hurloll stated to me that it was an absolute sale to the Days, and that it was a great hardship on him that his money had been detained by his mother. I had not a doubt, but that it was an absolute sale. Tarakinker appeared to be on very intimate terms with Hurloll, he introduced him to me. Ramchund Mookerjee always attended the office of Wodsworth, and he brought me cases and papers to settle for Hurloll, and I should say from all the correspondence I know in that office that Ramchund was Hurloll's manager.

Joseph Spencer Judge, Examined by Mr. Pearson. I was attorney for Hurloll Tagore, in consequence of instructions from Hurloll, I wrote a letter to the Days. (Exhibit Z. shewn) This is a copy of a letter I sent to the Days. In the month of June 1833, Hurloll required pecuniary assistance, and a mortgage bond and warrant of attorney were executed to Dwarkanauth,

I believe Dwarkanauth was to advance 2 lacks and

fifty-thousand. I received on the 7th a letter from the Days referring me to Swinhoe. I have not that letter. I sent all Hurloll's papers to Thompson.

said to me, they want a receipt from me alleging that the
receipt has been mislaid, I never received such a receipt,
how can I grant a receipt? I think Radakissen and the
Days heard this. I said to Hurloll there is no objection
to grant such a receipt, Hurloll said will I give it? The
Days said unless such a receipt be given we cannot
settle. Radakissen said this. Mr. Thompson and Mr.
Swinhoe said, while you are discussing these matters we
The conversation
will go to the Court and come back.
was in Bengalee. (Exhibit V. shewn.) This was filled
up by me Hurloll baving taken 85 gold mohurs, and
there was some rupees more as a balance about which
Hurloll made objection to pay the balance. Radakissen
said this sum is mentioned in the answer, and this is to
correspond with it, another note was given at the same
time on a stamp paper like that for 400 and odd rupees.
Radakissen had produced a list which I saw, in which
was mentioned stamped papers and other small ex-
penses.

Cross examined by Mr. Turton.-I know Dwarkanauth. I had an affair of indigo with Shamloll. My indigo was mixed with his. Shamloll's indigo came down in my name, he had taken some money from me, but not on that indigo. It came down in my name, but in the very packages in which it was shipped; there was no dispute with me it was with Shamloll. I never heard of any body making claim that the Indigo was mine. Î never told Dwarkanauth so, either in writing or by word of mouth. At Swinhoe's office those whom I named were there. Mr. Thomson's man I know I cannot speak with certainty, but he may have been there. Certainly if I heard what was said others must have heard. How could Thompson and Swinhoe have heard when they went out? Thompson was there at first and afterwards when Hurloll executed the receipt. I don't believe Hurloll made any objections at the time of mentioning it when Mr. Thompson was present. Sucmah property of Ludlymohun was sold to me far 2,000 it was 4 or 5 coss out of Calcutta. On account of property sold by Jenkins, Low and Co. I received 3,119 rupees, I certainly gave it to Shamiloll, within a few days after the account sales came in. At that time Hurloll and Shamloll were in dispute with each other, but I don't think Shamloll came to the knowledge of it in consequence of the dispute. I cannot speak with certainty as to whom I paid over the money, and therefore I cannot say whether that Passage (part of answer of Hurloll and Shamloll to Nobonmoney's Bill) is true or not. Mr. Thompson wrote me as attorney for Hurloll, and I answered him. As his attorney wrote me, Hurloll must have been aware of the subject. I did not see the jewels or ornaments of Ladlymohun's private estate nor were they appraised

before me.

Dwarkanauth Tagore examined by Mr. Prinsep.-I am acquainted with Ladlymohun's estate. I know this Cross-examined by Mr. Turton.-I understood that talook; when the division took place between Gopeethe money was to be advanced by Dwarkanauth to the mohun and Ladlymohun, it was valued at 3 lacks of creditors of Ladlymohun by draits on him. The mort-rupees. Landed property in 1833 had fallen very much; gage was executed and the bond and warrant. (Exhibit the garden in Chitpore road would have then sold for No. 15 the bond. Exhibit 16 and 17. Lease and 20 or 30,000 rupees. (Exhibits 15, 16, and 17 shewn.) Release by way of mortgage, shewn) in July Hurloll These were the bond and mortgage deeds; they were called on me and told me that judgment was enter-executed and afterwards cancelled. The agreement was ed up, I called on Dwarkanauth, and satisfaction was to pay Ladlymohun's debts. I was to advance the entered up the same day. I undertood on 18th July both from Hurloll and Dwarkanauth that Hurloll wanted the money on the security of this mortgage for that purpose. One morning a few days after the execution of money himself into his possession, and that therefore the the mortgage, Hurloll came to me and said he would mortgage broke off. I heard there was some negotiation not take the money to pay the creditors, but take it for about the Days. himself. I refused to keep it on his account or to pay Hurrochunder Tagore.-I am in the light of a bro-himself, but I offered to pay the same to the creditors: ther of Hurloll. One occasion I was in the office of he then asked me to cancel the mortgage, and I conSwinhoe with Hurloll, Radakissen Mitter, the defend-sented. There were debts of Ladlymohun, there were ants, Muddenmohun Bysack, and Mr. Thompson, and outstandings due to the estate, a mortgage due from the Mr. Swinhoe were present, papers were preparing; Eng- Ghosauls; with the exception of one or two, all the lish papers. There was a screen near the door near debts were secured. There was an open account with which they went and spoke. Muddenmohun Bysack me. An old gold mohur weighs an anna more than the was with them. Hurloll called me to him. Hurloll rupee.