By the fame a£t, the Englijh laws and courts o f judicature
was fixed at Fort William, in Calcutta, confifting o f a chief juf-
tice, and three other judges, with power and authority to execute
all civil and criminal, admiralty and ecclefiaftical jurifdic-
tion. The court was alfo to be a court of record, and a court o f
oyer and terminer and gaol delivery, for the town of Calcutta
and Fort William, in Bengal, and the limits thereof, and the factories
were fubordinate thereto.
W h a t the bufinefs the criminal court has had in other cafes,
befides the conviaion of Nundcomar for forgery, a crime not
capital by the Hindoo laws, I am at a lofs to fay. He was charged
and conviaed o f a crime committed fix years before. Within
that period, the unhappy difputes between the prefident o f the
fupreme council, Mr. Hajlings, and the majority, were carried to
an extreme height. Nundcomar, a Brahmin of high rank and
great wealth, had a quarrel with the prefident, and charged
him with accepting bribes in three inftances. The majority of
the council took advantage of this declaration, and endeavoured
to make it a charge againft Mr. Hajlings. It was ihaken off
within the period, and the difcovery of the Brahmin's, forgeries
came to light. They feem never to have been urged againft
him by the prefident of the council, nor was the profecution in
any degree excited by Mr. Hajlings, notwithftanding the violence
he ihewed againft him ; notwithftanding his fuffering himfelf to
be made the tool of the three diffenting members of the council
to effeit the ruin o f the Governor General. The profecution was
advifed by a Mr. Farren, an attorney, in behalf of an individual, a
private perfon. Nundcomar was of courfe tried before the proper
court, at the head o f which Sir Elijah Impey was chief juftice.
The
The trial was fair, and the guilt fully proved, and conviaion
and execution the confequence. A crime too horrible for my
belief was attempted to be afcribed to Mr. Hajlings, that of
joining with the chief juftice to murder the criminal with the
fword Of juftice. He fuffered by the cord in Augujl 1775. The
account of the execution was moft pathetically drawn up by the
Iheriff who attended, and who evidently was no friend to Mr.
Hajlings *. He moft affedtedly defcribes his wonderful calmnefs
and refignation; fome afcribe it to his being affured by his
friends in power that he had nothing to fear, and that he was'
certain of being reprieved, even at the foot of the gallows ; but
after cheating him, as. the Devil did the Santon Barfifa in .the
Turkijh tales, they fpit in his face and difappeared. Nix. Broome
thinks Nundcomar fhould have been refpited, becaufe forgery
is not a capital offence by the laws o f Hindoojlan. In England
made fo merely in fupport of commerce; but adds Mr. Broome,
there are other reafons why the governor general might (ought)
to have refpited execution. Nundcomar was the bittereft enemy
which Mr. Hajlings had, and united againft him with his moft
malignant enemies. Elevated charaaers like the wife o f Cafar
fhould not undergo even fufpicion—greatnefs o f mind— and common
delicacy fhould have made the man to whom the power of
mercy had been delegated, to have ufed his heavenly prerogative
in favor of the wretched criminal:! It is but juftice to fay, that
his vaft fortunes were reftored to his fon. He had fifty-two lacks
of roupees in money, and about the fame in jewels and rich goods t;
* Preferved in the Gentleman’s Magazine, 1780^. 555,
f Hiftory of Bengal, Mr. Jonathan Scott, ii. p. 459.