East India Papers.
The Times, 1824-12-27T00:00:00

naufour, proc-eeded with thte4jtrb2 of Leusna~ eOre Pihar StoenPen wich, of the 2dBtim let Rgimen Bomay Naive nfanty,bcarged wi1th the mur-ij!'. a Bhel cief' at plce clledLoont ~arad, on the 502d '. Z .Janar~, l8~, y casin himto e hagedby, the nacih tu! The circumstances which appeared in evidence on thia , to the following-e%e~t :_. -I iaut. T. R. BBllamore, being elle, ana sworn, statetd, th Adjutant lof the 2d baat on of the 1Tt regen Native f1! now at Raeote : that he is wel acquainted with the bhand.writing of Lieutenant enwick and that the y ettder" no. h c th hendwriting of Lieatenant Fenwic,, and is addressed to the depo. nent; that he forwarded it to Captain Mnn, the oars aoi mr of the battalion, andl thot in c onsequeRce ofti receipt Ofthe si letter, he w=en, by- order -of 49-ptein -Morin, and put Lieu:zna= Fenwick under arres t. n n Shaik Abdula, having beenaworn, ft) ed, thathe is aSuhbaw in the2d battalion af the Ist rezimenti Native In-fantry, and vs em.. payed on a.detachment under Lieutenant Perwick, the pgsoine at the bar,-thae the detachment cosiasited of eighty n Subadar (deponent), one Jemadar, five Havildari, and e r,qfeEng wvith severalJ troopes of the Guleowar's cavalry-..that about four_.ert~ months ago, whilst stationed at Looner WVarrab, the aboeaet.h meat, with twelve of tbh eavylry was ordremd out by t thet. Fohik to ghtnged the Bieels (Or toievesr , in the eieburcand, that about eleven o'clock att night they got ready, and arc-ed aboe six eoss towards a place called Sumaania;. ubout four.odlqck, whem~ within a coas of the b_id pl2ce, they halted a brea they, by- order of a eutennt Fenadiclc, rttacked thbut 'a of Suniana ehe fight continued till it was clear day-llgrt imd a the Bheth, ftund iti the valage wern illed and iheiake.ses.aet on fire. After the fight, Leireu ant Fenwiek told deponent that be had toaa tyo Bheels k prtoners, and that one had wounded a teapyoy in the hasad, and was a very savage fellow. The detachment remained at Sumaria till about ten o'clock, and thez caarched far their lines at Looner Warrab. When namrly o f ay back, Lieutenant Fenwick with the ca a proceeded ot befntae them, and left the detachment uder command of the deponenit to follow with the two Bheel prisoners On the road they rizet the Rajah of Loaner Warrah, who said' to the deponent that many English ofbicers had come there, but none had done s.oh iod serviee as Lieutenalnt Penwick, and pointing out one of the Bbeels, said that wae a bumrba huraeneadu, that he hadl abounta4t Bheels at his command, and that if ha the R;%jab, had caugrt him,heh wouldara; tkilued hirnimmediately. Abeut 2ofacolr hey reache their lines at Looner Warrat, and af8er dismiasiag the de- tachimenti and poacing theppris,ner h in the quarterguard,th depso. nent rported Thetscame to Lieutenant Fenrick, at the same time telling him whait the Rajah had said: Lieutenant Fenoick replifed, "It is of no consequence, go t vour dinner.". Abouz seven in th- everiing, having been sent for by Lfeutenant FceRuiclr, ha want himn icomjandteariy w orerly, and founa him n eary mnbe ah, tree with Tome dooley beaters, end, one of the Priioa rs who- had been taken in the morning. Deponent mRada e a alpi to Lieutenant Fenwick, who said " Subadar, I amn in't make a little tar; and t ei0ht)ish `..The deponent asak be hat tumeashu? Lieutenant F'eswick replied, " I no going to. hantg the Rheel." Thbe deownent, spetking in a lrv tone to. Lieutenant Fenwick, sati, "Sir, according to the rules oftheEnga dsoh Government, hen thev give order from Euope, then the mam should be hangead; this is not proper." Lieutenant Fenwick carl, " Never mind." At this time some of hae dooley bearers were om the tree, an dooly having been brought the prisoner was plaer!t on it,-and therope wasput round his neck, but nat properly,nd the prisoner wasalarme,andbegan to shake. Lieutenrant Fenwick wa angry, anddesired the deponent to see to it. Dep nent dids, n ut the k-not under the Bheel's car, the other Cnd ha be bere riterned to a branch of the tree: Lieutenant Fensbick ten ordered the dosley to be taken awav, andathe heel was left hanging, and the depsne&ti imediately weiito his quarterq. The nacme of the man who was thus hanged wras MEha Paggee, he was the Patell of' tTp village of turnariI, and commanded about 40Bheels,and . 1wa a notorious thief and robber. Istce Singr, Naiqu being caled, corroborated the above evidece. Lieutenanit.Colon1 Ballantype having been called suiated, that he is Political Agent to the Bombay Government in the lybee Caunta, and i under the orders of the Resident at Ba toda. Has been at Looner Warralia; thc country round belongs tathle RNah of Looner Warrah, who pays tribute to the GuioDwar, and also aeindia. The Raizsh is asovereq rne with power of lifc and death in his own territories. Theac rundr Lieutenant Fe Finwick was ardt of the Gdlcowar's subsidiary force, and under the orders of the Rsaident ; they were Company's troopo. There was an alsiance between the Guicowar and the Bombay Governenthe a written treaty ; he had ieen it. There was no written treaty between the Raiah of Loner Wntarrah and the Bombay Gcovernment. rThe Rajah was tributary to the Guicowar; and ttie British GoveTnment guaranteed thefu l.l. tient of' the treaties with the Guicowar, by the ributart states, to' pay the ratn oquotasaof frreevenue or tribute. Heblied t atin e rtmoni ena tiorsh from the Bombay Government to the RajahwofLoocr B Warrah. throughi the Resitent at Baroda. and ric versan ; and the resilts of these cm municatiens had been acted on by botb Governments. At the close of Colonel Ballantre's cvidence, d r. Inbwnr sub- mnitFe that there was no evidenceto prove the aleged murder to have been comritted in the territory of a native Prince in lreai, izt alliance with the Bombay Govermment, aufficient to prove the joais diction of the Court. . Mrt. AiDvoCATi.GgEEp.AL was heard in aliswer, and qtuoted 26 Geo. II L. cap. 57, ad29, which be conternded was unrepeated either epressoy or imNliedry, and which gave the Courts of Oyer and To lnlneUr in In inexprietion over Britiso anujects in India for crtime committed within the Company's limits. Aafter eawring cr lMar ,Iooda in reply, the Court reserved the point, atnd directed thpe t tial to proceed. lilunsa Pu-sad, Seo of the 2d battalion 1Ist Regiment N. ., tde. posed that he was oierly to Lieutenant Fenwick at Loner Warrah an the day when a n Bhelwas hanT.ged ; that he was desired b Li=-. C;readle Felren ofNtvWtfav *- a ir.-leknw to canl to-im the itluccadomofrthe doole elsft and in presence of deDonent ordered the MuteAdum to bring to a snamwrp tree, about a( paces frno the lines, four doaley bearmes, with a doley and a raoe Lieutenant Fenwielt alzo ordered dI e t Ieni to bring the two e E eel prisoners udr h the mowrah tree, Whikh he did.the corroborated the testimdonyuof' ShaikAbdulla,- the Su. badar,s tow the hanging of oe of thes heer ilewith the exception that he, the deponent, did not hear the orderibven for removing the Jauga Go egu proaed that by ief en-EantFenwick's orders, he cut danathge vlbo laldy ho ofi'e ~celand 1threw iL iUto the river, about ara hsour; ande iturs w as hanged. .'atR1rro m unr wUh Theurably acqutsTie. lf Ian cmiogup, recapitulated the leading ponot inon n thevidene reanddieledthe juryearmetiual to thee re pdier.. ence betsveenthe takio g tie life o an enemy in th beat of at and the act of destroying it in co lo;ta nti aetev hours had elrnsed from the capture of thetw Beels t te time that ,ientenant Fenwick gave order, tohagoefte prisoners; that tigl must Ihe adlitted bfe be a sufficien man to be. Come cool; and If' the jury were satisfied wtthtehofthe evi- dence that had been adduced, there could be no donut that Lie,ite- nant Fenwiclk is guilty Of th c ciinaeof murder. -That the ouestian of, the inri"diction ofb the Court was onchebwhi did not rest wiih the jutry, although the prisoner at the bar would bare the2dVa,rIge Of" any objection on that head which miight be hereafter urged, in arrest of itidginent. ~'hie Jut'y retieled, and ater an hour'g consetltation returneda va r.. dict of guilty; accompanied by a strong recommeandation to mrursy, on accountat'o the Inexperience of the prisoner, and the prectiHarity of the circumstances tunder which he was olaced. As far as we canIlearn-, no day is yet fuxed by- the C-ou-rt for hear- ing the discussion respecting the juarisdiction of the Court in Lieutenant Fenwiek's cae. To Lieutenant and Adjutant T. Bhllamore, 2d brattallon Ist, or orenfidier Regbnent of Native tnfantry. Ratjwote, Pardi 23. 1824. "Str,-It has tnow isecme mY hard lot to comeP forward anad dis. pytothe world what I can no longer wisli to conceal, If I ever 4i-4 adint.e hope that R speedy investigation will soon Put Mi Otd to my men't2adl stress. However, before discharging what t ~I E! to. I must bee to express myr,cgret at havine written a letr,a datedoi or about the 2Ptli of.tanuarv. 1824, disputing or prettudtog todiLl,pute, tthejustice of2py brothere offcrs. The letter in uestton wa4 writtent when I was extremely irritated; and I hope wll, e) forgivent partjaly-. if not wholl1y. ".Ta.come t the polnt:.-.when I commnwa&ed a deteebmenut at Loeo nicr Warrah. under clircumstmance I caLnnolt disclose at presant. r calused, to behanlg up a Bheel Chief, narmed Icteha Pugge, oxn tbe5th of JamiiarY.12. IMconscl,'usas I am. that every thinag to my cuJ.ad.. vantage trill be laid bald of eagerly In certain oarters, I shall at least have the benefit of having volunltarily co~e tsrwar to disclose theo -above antrd knowilng as hope, too. that a tonry otmzy counrtry will ho- nomirably acquit me, if I1Ram not too conddenit in fmy)' 001st5t41 I-sha not now say any thing, regarding the treatme~nt I have reseli-ed here: it is quite euough to,drive me to anxy dleclusint. If delrurttjg me of 28- rupcees per nenseem is any obJect, I envy not th eir feem~ t1s request .you will lay this letter before the Cormmanding Orae~r "I have the hontour to be, -it. yorinsemst obedient huimble servant, - (Slgqpd) flgFoRrWtR. OWC.Lot28-t. Z.4ST, INDI PAPAR. I rph>m y:UPREPIE COURT. SvLv ?S. 1A.-