Star. — 1824-12-27 (London, England)

ADVOCATE.GI?4ERAL was heard in answer, and quoted 26 Geo. 111. cap. 57, sec. 29, which be contended was unrepealed either expressly or impliedly, and which gave the Courts of Oyer and Terminer in India jurisdiction over British subjects in India, for. crimes committed within the Company's limits. After hearing Mr. IRwIN in reply, the Court reserved the point, and directed the trial to proceed. Munsa Pursad, Sepoy of the 2d Battalion Ist Regiment Native Infantry, deposed, that he was orderly to Lieutenant Fenwick, at Boone► Warrah, on the day when'a Bheel was hanged ; that he was desired by Lieutenant Fenwick to call to him the Muccadum of the dooley bearers, and in presence of deponent ordered the Muccadum to bring to a mowrah tree, about 100 paces from the lines, four dooley bearers, with a dooley and a rape: Lieutenant Fenwick also ordered deponent to bring the two Bheel prisoners under the mow•rah tree,-which he did, He corroborated the testimony of IShaik Abdulla, the Subadar, as to the hanging of one of these Bheels, with the exception that he, the deponent, did not hear the order given for removing the clooley. Jugga Gogul proved, that by Lieutenant Fenwick's orders, he cut down the body of the Bheel, and threw it into the river, about au hour after it was hanged. The CHIEF JUSTICE, in summing np, recapitulated the leading points in the evidence, and directed the Jury particularly to the difference between the eating the life of an enemy in the heat of battle, and the act of destroying it in cool blodd ; that in this case twelve hours had elapsed, from the capture of the two Bheels to the time that Lieutenant Fenwick gave orders to hang one of the prisoners ; that this must be admitted to be a sufficient time for any man to become cool ; and if the Jury were satisfied with the truth of the evidence that had been adduced, there could be no doubt that Lieutenant Fenwick is guilty of the crime of murder. That the question of the jurisdiction of The Court was one which did not rest with the Jury; although the prisoner at the bar would have the advantage of any objection on that head which might be hereafter urged, in arrest of judgment. The Jury retired, and after an hour's consultation, returned a verdict of Guilty; accompanied by a strong recommendation to mercy, on account of the inexperience of the prisoner, and the peculiarity of the ci►cumstances under which he was placed.  As far as we can learn, no day is yet fixed by the Court for hearing the discussion respecting the jurisdiction of the Court in Lieutenant Fenwick's cane.  • " To Lieutenant and Adjutant T. Billatnoie, 2d battalion Ist or Grenadier Regiment of Native Infantry. " Rajcote, March 23, 1824. " Sta—lt has now become my bard lot to come forward and display to the world what I can no longer wish to conceal, if I ever did, and in the hope that a speedy investigation will soon pbt an end to my mental distress. However, before discharging what I allude to, I must beg to express my regret at haling written a letter, dated on or about the 29th of January, 7.824, disputing or pretending to dispute the justice of my brother Officers. The letter in question was written when I was extremely irritated, and I hope will be forgiven partially, if not wholly. " To come to the point :—when I commandei a detachment at Iponer Warrah. under circumstances I cannot disclose at present, I caused to be hung up a Bheel Chief, named Etcha Puggee, on the 25th of January, 1823. Conscious as I am, that everything to my disadvantage will be laid hold of eagerly in certain quarters, I shall at least have the benefit of having voluntarily come forward to disclose the above ; and knowing as I hope,- too, that a Jury of my country will honourably acquit me, if I am not too confident in my Counsel, I shall not now say anything regarding the treatment have received here t.it is quite enough to drive me to any disclosing. If depriving me of 28 rupees per mensem is any object, I envy riot Their feelings. I request you will lay this letter before the Commanding Officer.—l have the honour to be, Sir, your most obedient humble servant, (Signed) "