Page:Nil Durpan.djvu/157

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The Judge:—Have you been in Court the whole day? And have you heard the passages read by the learned Counsel for the prosecution?

Mr. Jones:—I have, my Lord; for first time this I knew its contents.

The Judge:—Have you seen similar productions to this before?

Mr. Jones:—Within the range of my recollection I don't believe I have seen a similar one.

William Frederick Fergusson, examined:—This prosecution is instituted by the Landholders' Association of British India. The prosecution was instituted by the unanimous resolution of the members. I have perused the pamphlet, and have no doubt that it applies to the planters in Bengal. I think it would create much ill feeling.

By Mr. Eglinton:—No objection has been made by any member of the Association to proceed with this prosecution. I only heard one adverse opinion in respect to prosecuting Mr. Long; and that was an objection to prosecuting a poor tool when there was a chance of flying at much higher game.

Simon de Cruz, examined:—I saw the distribution list a fortnight or a month ago; it was in my department of the Bengal Office. Mr. Jones sent for it. An assistant took it away.

Mr. Jones, recalled:—I don't recollect receiving any list. I have been away a month. It could only be removed by the Secretary.

Mr. Cowie applied that the case for the prosecution might stand over until the document was searched for, and the Court having concurred, the case was adjourned until 11 o'clock of the following day.

SATURDAY, JULY 20th.

At the opening of the Court, a minor official of the Bengal Office was called for with a view to produce the missing distribution list; but on an intimation from the Counsel for the defence, Mr. Cowie called, and proceeded with the examination of

E. Lushington, Esq, C.S., Secretary to the Government of Bengal. He produced the list of names of persons to whom the Nil Durpan was to be distributed. The list written in two different hands; one was that of a clerk in his office,

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