There, in the forest of Vrinda, I will gratify your desire in a chorus; and your adulterine love for me will exceed all other love. By means of such a love, you will gain me and your object will be thus accomplished. These Traditions of the Veds who became the Gopikas are called the Traditional persons. Very great changes have occurred in India with reference to the gods, positively for the worse, as admitted by the Hindus themselves. Wilson went on to describe the history of the Vallabhacharya religion and its sixteenth-century founder, Vallabha.
He quoted approvingly the views of Dr. Amongst other articles of the new creed, Vallabha introduced one which is rather singular for a Hindu religious innovator or reformer: The Veds have fled: Carnal intercourse with females, dining and playing with them, is one of the principal offices of Krishna. The nectarine pleasure of Shree Gocul Krishna is better than a thousand other expedients.
If copulation does not take place with Krishna, the existence of the paramour of man is worse than that of a worm. Although he found judgement in favour of the plantiff the Maharaja in terms of three minor pleas, he ruled in favour of the defendant Mulji and awarded him all costs. In these songs, as well as in stories, both written and traditional, which latter are treated as of a religious character in the sect, the subject of sexual intercourse is most prominent.
To expose and denounce evil and barbarous practices; to attack usages and customs inconsistent with moral purity and social progress, is one of its highest, its most imperative duties. This tinges the whole system with the stain of carnal sensualism, of strange, transcendental lewdness. Krishna in the dock: Several witnesses were called to testify that the Maharaj was a legitimate authority for his tradition — and the cross-examination shows that the officers of the court had some difficulty in establishing the beliefs on and practices of the Vallabhacharyas to their satisfaction — particularly in establishing the distinction between god and guru: Do some Banias believe the Maharaj to be a God?
I passed by the place in. Barton "I did not hear that any threat or. He said the object , of the meeting was to ascertain who were the Maharaja's friends, and who were not. It was at fiyeV half-past five, or a quarter to six, when I rode past. I took two seppyes inside Jsffc: I recognize eight of 'tb deitafaits as being present. MeW tt1IMg on a bench. I don't know which of "the defendants handed the book. Irwent out about eight o'clock. The gate was then shut the wicket was open. The people who had the, book were standing at 'the corner of the gateway.
Ragoo said -the meet- ing was to ascertain who was for and whp was against the Maharaj. Ragoo said those whoMiked might sign, and those who did not like, need not sign. This conversation was before the meeting commenced. I had the -Jletter with not show it to him. There was lio shouting after tne 'reading from the book.
I do ' not - thrak all the persons present could hear what was read, onfy those immediately round the spot, 'from the low -tone of voice; in which it was read. I heard the words "contrary to caste" and that ""the Maharaja has been served with- a summon '' read from the paper, which made me think that the, most important of. The paper, was a slip about six inches wide about eighteen 'inches long, and igHt yellow paper.
The book was half-bound. So far as I could see there was no inti- midation. I judged the -people were anxious. Dyat then said, hasTeceifed'a note 'from 'Goculdass lalladhjir. He s]aid fffijeeji pi ;;fe? Bhugwanjee sent for Gpculp! Dyal mentipned the names of GrQculdass 1 , Jtup: Dyal said a discussion took place there regarding the commentary on Gocul- nathjee's verse, and that it was resolved a full irieeting should be held. He came two or. I did not give my consent.
He mentioned the names i bf some of the defendsints as. He said that Pur- bhobda"ss brought ; the! It was on the 7th that I of it. I don't know the character of that w f oman. No man can be expelled from. I attended a meeting of the caste on the of 6th September. I arrived there about seven o'clock. The nine defendants were there. Adut Kirpall read from a book. Bayley rt I did not sigi the book. I was not asked to sign it.
A part of whajfc was read from -. I heaifd no threat. I saw one of them ; I should recognize them. One of those handbills one produced is not ther one djstrltortQd. Witness here recognized a second handbill shown him as one of those distributed on the 6 ijh Septimber. It was read to him by the Interpreter, and. I wasrgfeatly alarmed, and could not give evidence.http://elephant.hyperthese.net/235-pas-cher-plaquenil.php
Women in the Maharaj Libel Case: A Re-examination
I am very inuch afraid;. I don't want to name anybody. Quiet was very soon restored. The Court was densely crowded, and made the duty of keeping order consequently not a light one. Anstey, when quiet had been restored, read the defendant's answer in the libel action, which revealed the most abominable doctrines' ever heard of as guiding the Bhattia caste, or that "sect of it to which the conspirators belonged. Anstey read for more than half an hour, when he Was stopped' by the Court.
Sufficient was read to inform the jury of the materiality of the pleas. John Doming Mozario, a clerk in the Prpijhonotory's Office was called, and swore to the answer. Pestonjee -Bazonjee, examined-r-" I- am a clerk in the office of Messrs. Acland and Prentis; I delivered the pleas put in by defendants in the libel action on the 15th of August. I sorted a, summons upon Ji vanjee Maharaj before the 6th of September?
Supreme Court, examined" The cause of Judoonathjee Maharaj vs. Ainstey said tha'ir -was thf case for the prosecution. The considerable number of European gentlemen in Court manifested the great interest which has been felt in this case. The openingfaddress of the learned counsel for the prosecution in itself be- trayed a knowledge of the weakness of the case ; for instad of giving some insight, into the v case he intended to present, he Mr.
Anstey rolled about like a dismasted ship in a heavy sea reaching at one point ancient Rome, then modern Italy, back to England in the time of our Harry the Eighth as he called him, fit man to name in a case connected with so much blasphemy and filth- j and then with a peculiar and eccentric roll we were taken, said Mr.
Barton, to Strange's Hindu Law; and the horrors of excommunication, seasoning his weak and ; tottering statements. The men for whom he Mr. MrJ Barton told the jury they were brought to give a verdict on the -libel- action pending on the plea side of this Court. The defendants had only done what they had a perfect right to do. Barton concluded ;his address with a very able appeal on behalf of his clients. Bayley, on behalf of six of the defendants, followed in a very able speech, holding the attention of the jury for nearly three hours. He stated what it was that constituted a conspiracy, and how the present trial was constituted.
He argued that this trial could not be supported, and cited several passages from Smith's speech in the trial of O'Gonnell and seven others, in Dublin, in Such an indictment as this, Mr. Bayley said, was never before foamed it was an old law indictment, Russel on Crime. There was not a modern case like it. The defendants were indicted on a common law offence, and the learned counsel. Anstey had asked the jury to look at the case through English spectacles. Bayley said the case was without a parallel, arid could not be so viewed.
The jury were trying the meriin the: Bhattia community two of j;h: Anstey's lariguage, calling them "most igBLorant ;and degraded," ought not to have been used. These men were living almost the same aa they did centuries ago? This matter was wholly a caste matter, said the learned gentleman: The learned counsel here entered into the history of the Indian Press from the time of the publication of the first newspaper in Bengal in , when it was so closely guarded as to be but a mere receptacle of advertisements, fetes, balls, etc.
The learned gentlemen called no witnesses on behalf pf the defendants. The essence of conspiracy wag a combination for an unlawful purpose,, and it was immaterial whether or. Though this might be correct according to poetic justice, His Lordship, as an- udinmistrktor of criminal law in this Court, felti bound to say that such a doctrine was not correct in criminal jttstice. The essence of conspiracy was combination, no matter if the object was pursued openly or secretly.
Secrecy is not an essence of the charge:. In this opinion His Lordship could not agree: This was an attempt in a combination, to turn; into an instrument of injustice the very tribunal for the adjudication of justice,, to iW. With these and other general observations upon the nature of the charge, His Lordship proceeded to read the evidence in extenso, during which he observed that the language of the plea was perfectly unobjectionable when taking into consideration the occasion calling it forth.
It was a false delicacy introduced only into modern society which named such articles in a bad light. The truth is, said his Lordship, nothing less than hard terms will answer in des- cribing hard practices; and in answer to a serious charg in a court of justice it is better to speak plain. Anstey, as soon as the verdict was pro- nounced, appealed to the Court not to be too severe in the sentence. Justice has been vindicated, Mr. Anstey said, and the puny efforts o the defendants had failed. Anstey would appeal to his Lordship, if he could consistently, not to go beyond the infliction of a fine on the defendants.
Bayley asked the Court to suspend judg- ment. He would move the full Court on some legal points. He could say that he entirely. The Court room was early crowded With people of all classes, so great was the interest to know the result of this peculiar case. Bayley moved the Court that judgment should be arrested, or that a new trial should be had.
Addressing himself first to the cause of arrest of judgment he said no criminal offence was set forth in any count of the indictment. If set forth at all, it Was in the first for counts. The charges contained in those several counts were charges which were perfectly unknown to the law o England and of India, and in point of fact no legal offence was stated: The first count, after certain introductory remarks, states that "the defendants on the 6th. It was a count framed on some supposed common law offence.
In the first four counts the word ' ' intim idate' ' was: Now , there was no authority for such an indictment. Tie learned counsel referred their Lordships to a ease 2 Strange's Reports, p. The learned counsel cited a case decided in the 4th year. The cases were entirely different ; one was a case where the King or Queen was prose- cutor, and in the other it was a case of civil right.
In this case there was no ground of criminal proceeding. Bay ley cited 13 East the case of The King vs. Turner and others; and The Queen vs. Mowltinds and others j which was a recent case in the Queen's Bench, in which it was Keld that he defendants conspired unlawfully to intimidate, and the Oburt held that the indictment was bad. Bayley submitted tfcat ioo it. In Russel on Crime, page.
The learned gentleman said it was only a case for damages on the civil side, and cited Gommyn's Digest Action on the case for conspiracy, A. Justice Arnould threw out as a suggestion, that although the conspiracy was to intimidate witnesses in a civil suit, and there might be a re- medy at the suit, the law as relating to conspiracy should be administered equally strong.
Mr; Bay ley submitted that this Court Would be guided by the law as laid down, and that it would not now be making a case by its decision. He submitted with, due deference that were their Lordships to hold the indictment good, they would be making law instead of administering the law as it exists, for the only one legal authority referring to anything like the present case favoured his Mr. O'ConneM's Case, 11 Ch. The context in the present indictment did not state what was an offence against the law.
If your Lordships will admit the validity of the argument against thei indict- ment, I will move for a new trial on the following grounds. Anstey said, that up to this moment the parties had not pursued the course they ought to have done to move the court for a new trial. In such a Court as this, an adjourned Court of Oyer and Terminer and Gaol Delivery, no motion for a new trial could be made. The case cited by his learned friend, Mr. Bay ley - The Queen vs. Rowlands was such a case; the 11 and 12 Viet.
Miller, cited, in the last edition of Archibald, illustrated it. Now what he Mr. Anstey sub- mitted, was this: The Chief Justice sat not as. Bay ley said that his learned ffiend? If their Lordships wer to refuse the motion, they would take ; away from the defendants convicted of misdemeanour, a right which belonged to them to have a ; new trial.
Bayley appeared for the prosecution, and in that case his Lordship the Chief Justice, gave judg- ment, and the prisoner was now suffering the imprisonment. Chief Justice Sausse said he generally ex- pressed his opinion. He was sitting as an Assessor merely, and where he coincided with Justice Ariiould, it did not much matter who expressed the opinion of the Court. This is really a branch of the Supreme Court. Justice Arnould thought the difficulty seemed to rest in this way, the means of getting the case from the Court of Sessions to the Court of Queen's Bench in order for the motion for a new trial.
The only consequence of deciding in favour of Mri Atistey's argument would be that the Court would suspend the Court of Sessions, and would constitute a Court of Queen's Bench for the time being for the purpose of the motion. Bayley called for their Lordships to adjourn the Court of Sessions, and to proclaim the sitting of the Supreme Court through the Court crier.
Justice Arnould said supposing the Court to be sitting as a Full Court of Queen's Benclv could it at this time take notice of the motion for a new trial without ;a certiorari? Bayley argued that the difficulty lay in the variety of jurisdictions pertaining to this Court.
Bombay But ; if the ; objection taken by the learned counsel on behalf of the ; prosecution be allowed, it might have the effect of depriving, the defendants of that right which unquestionably they have to a new trial. Would a certiorari have the effect of bringing into Court that which was already in the Supreme Court? Bay ley thanked his Lordship. He was aware that the constitution of the Courts here was different from those in England. In England there were five special commissions for the Circuit Courts.
Bayley referred -to K. Whitehouse 1 Dean C. Justice Arnonld In the case of King vs. Bayley Yes, and sustains my argument that every man convicted of in isdemeanour is entitled to ; a new trial. Chief Justice Sausse said he only sa s t here -at present as an Assessor. Mr, Bayley thought it need not be by a ,writ of certiorari. In England the proceedings could only be brought to the superior from the inferior Court by a writ of certiorari.
There was no more difference. This Court was a Supreme Court on: Anstey, with regard to the iremarks of the learned counsel moving for a new trial said, that their Lordships' attention had been directed solely to the charter. His learned friend Mr. In the case df The King vs. The case of The King vs. If the wlrit were now granted in.
Anstey could foretell no end of litigation at future criminal sessions when every prisoner, either personally or through counsel would apply for a new trial. A certiorari was issued ac- cording to practice only the other day by a single judged sitting as a Full Court. It was simply a v writ from a superior to an inferior Court. Chief Justice Sausse was of opinion that every. The other day a writ was applied for in case of a corporation.
Justice Arnould said he took a note of the objection, and at the end of the Court gave leave to counsel to apply for a new trial in general terms. Bay ley, offered a few arguments in addition. The only ;case of. BpworiK, and other cases. Connon followed and said that he had a substantial ground. Conrion , that if the parties subpoenaed? He submitted that the Maharaj, the prosecutor in the plea suit, had just as much a chance in being bribed as any witness, and concluded his remarks by stating, that the evidence adduc 3d for the prosecution did not bring home to the defendants a criminal offence.
You are treating with the evidence brought before the Court at the trial, but which is hot before the Court now. I may ask your Lordships, what would be the consequence, of finding these men guilty? It would only tolerate abundant. There is not a case pending in this or any Court in which parties are not asked to give evidence one side or the other. It were better if each. I shall confine myself, my Lordi to the motion 'for arrest of judgment.
Bay ley's and the other learned gentlemen's arguments. An offence to obstruct justice is not an oflBnce in law! The absence of a subpoena cannot affect the quality of the crime charged! My Lord, I think I have said sufficient against this frivolous objection. Bayley to ths word "intimidate" in the indictment. The introduction of -the word ''intimidate" does not affect the meaning of the word "prevent. Anstey read the indicthient. Your Lordshipis bound to take judicial notice of this fact. Now comes anranswer ito another objection which is entirely -frivolous;.
They are threatened with expulsion from the caste, also with the loss -of cetiitain privileges. The next overt act was, that they induced divers Hindu persons to sign a certain book by which they bound themselves to suffer excommunication in the event of their ; giving evidence against the Maharaj. This is a motion for arrest of judgment which cannot be entertained by the Court. As the verdict was a general one, and which I must ask your Lordships to infer from the very fact that the jury appeared satisfied on their returning their verdict.
Strange's Hindu Law states 'the con- sequences of excommunication, and which is very severe; they are not only expelled from their caste, but they are prohibited from contracting ; the marriage of their sons and daughters. WAS proved in the evidence at the time o trial ;? We are'iiiit living in an age when a trifling error of law can destroy an indictment.
Assuming aff, ' how- ever, to be: Since the star chamber ha;s been done away with, weihaYe, had charges of perju! M'- the argument of Mr. The learned gentleman cited cases.
The word " conSspire. The opinion ; of the. The defendants are here charged with intimidating by means eet but following; there is a great differehcej. The i arguments taken i 15 learned friend, Mr. Green, were good, and. These persons had ,not been The indictment raised up a certain class of people as existing in order to charge them with being intimidated by the de- fendants. Now the persons ma y be at Poona or in England, there was no averment that any other supposed witnesses were within the jurisdiction, or that they were summoned or able to attend, and it was consistent with the averments that not a single witness could or ought to attend.
Bay ley said it did with his argument. Supposing there were 10, people in Cutch, and there was merely a meeting in Bombay to ' try to persuade those people from coming here, surely the calling of that meeting would not be an illegal act. The count did not stat'e that that evidence was. And there had not been a single text-book or decision shewn to ma'ke the act an illegal act. Then much had been said of the word ".
Bayley did not argue that. He thought some, other word ought to have been used. Now, in this charge, there were four words used combine, conspire, con- federate,, and agree together, that the case should not,, if possible, slip through. Now the indictment should have gone on and stated the overt acts and; damages done. For argument, he would assume tliat an action in the nature of a conspiracy would lie if damages had accued: It was not shown that what the defendants d d; in any degree affected the case, or that a single witness had been intimidated.
No harm had been done it was an abstract proposition laid in the indictment, and not supported by -any authority. There was a verdict, and their Lordships could not alter that verdict. He thought judgment had not been received here. Chief Justice Sausse said he understopid the present motion was in arrest of judgment.
Judgment was and should be arrested. After enumerating the counts, and the overt acts which were to carry them out, the learned judge said this appeared to him to be an offence at common law. There was an action brought before Her Majesty's Supreme Court for redress of a wrong, it was necessary that the Court should proceed in a certain way, among other things have the evidence of witnesses, to do justice; and any attempt to change that course was an attempt to prevent that Court from doing what it was appointed ,to do, justice.
El ow an action was brought by the Maharaj for the redress of what he felt a wrong, and then intimidation is offered to those witnesses by his devotees to'prevent them from appearing in Court and giving evidence. Now it would be a very great injustice, to hold that a man who has to defend himself against a serious charge in the Supreme Court has not the right to defend himself.
It clearly did not make any difference whether the defendants carried out their plan or not, or whether the present prosecutor had a remedy at civil law. With regard to the mere technical objections which had been taken, the learned judge said there was nothing in them. The whole gist of the case was in the word ''com- bination. It also ap- peared to the learned judge that it did not matter though the witnesses were not summoned. JT The essence i was the combination for a common object. The quality, kind, and nature, of the offence was Ill the same, though the -degree might be mitigated.
The verdict was; general. Judgment had not yet been, entered up. Mr; Anstey asked that judgment might be entered up on each count. Bay ley requested as a matter of right a new trial for the six defendants whom he re- presented, and he also moved on the ground that the points had been expressly reserved for argu- ment by Justice Arnould. Justice Arnould said that question had been decided. Bay ley asked the Court merely as a matter of form preliminary to further proceedings. Anstey pleaded for judgment on the de- fendants. Bay ley said he wished to call a few wit- nesses as to character.
Anstey took some objection, when Justice Arnould asked if he Mr. Anstey had not asked for mercy 'for the defendants for the Saturday ;when they were convicted? Anstey sa id he had,. Justice Arnould in sentenginy. But although in iOo,urts the? In passing sentence I have two extremes to guard against; qn the one had I am not going to pass a sentence 'wliich will seem vindictive, Awhile on the'Pther hand I must aypid the appearance of overlooking.
Anstey applied to have the costs of this case from the Fine Fund. Anstey stated that the costs already amounted to about Rs. Anstey was told to make the application to the Full Court. The application was accordingly made on Thursday, the 19th December, and the Court ordered Rs. Rarsan dass Mooljee and another. Dunbar, instructed by Messrs. First Day, Saturday, 25th January Scoble opened the case by reading a por- tion of the pleas. Bay ley " In this case I have the honor to appear with my learned friend Mr; Scoble to ask your Lordships for damages for a most wanton and unprovoked libel published on the 21st October ; in a native Gruzerathi newspaper, the Satya Prakash.
Your Lordships will see that he could not well remain silent. The case before the Cour t on the part of the plaintiff is a simple one,; but before I proceed?: Though not educated in the European sense of the term, he is conversant with. With these few introductory remarks, let me call your Lordships' attention i? I shall not at first enter at all into' 1 the 3? Bayley here read before the Court the alleged libel.
The first part is to a certain extent historical ; in the second, the writer singles out the plaintiff, and in company with other Maharajas charges them with the most filthy and obscene conduct; now that that is a libel, I apprehend your Lordships will have no doubt. I will read Addison on Wrongs, p. It is there shewn that every publication making a person's society shunned and avoided is a libel. To publish and say a man has insulted two females and there- by to make his society shunned, is a libel.
Those cases cited by me are merely foot-notes, to-: The defendants have filed justification. I am prepared with a certificate to prove that Karsandass, one of the defendants, is the publisher of the libel. I think a special traverse as to its being properly translated will have no effect, as I am of opinion that it is correctly translated by Mr. Flynn, the official translator. The seventh plea goes into minute circumstances, and details a hor- rible character of the plaintiff.
That disposes of all the other pleas. I submit that unless my learned friend is prepared with substantive justi- fication, this is clearly a case for damages. The plaintiff is ; not aetu- ated by 'any vindictive feelings; he does not require substantial damages ; nominal damages and an apology would satisfy him, arid save trouble to the Court, and much annoyance to the feelings by the recital of horrible details.
If the defendants do not choose to retract, I am prepared to prove my client's case, and to rebut at the proper time the allegations set up for the defence. I will ask my learned friend if he admits the publication and prititing of the libel, and also that the publisher and printer are the defendants. Anstey " I admit all. No doubt there was a publication. I produce a copy of the Satya Prakash of the 21st October , and an official transla- tion of an article headed " the primitive religion of the Hindoos and the present heterodox opi- nions. The translation is correct, and according to.
Witness was exa- mined as to the grammatical construction of the above passage in the vernacular language. The word Maharaj is used in the vocative case.
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In the native newspapers punctuation is not carefully marked. Looking at the passage translated in sixth plea, I think it forms two sentences ; and I hold that view notwithstanding the omission of the full-stop. Gopalldas Madhawdass, examined by Mr. They are numerous in Bombay.
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Mahajuns are Banians assembled in a meeting. It is necessary to obtain my permission to hold meetings of caste. I know the plaintiff Judoonath Brijruttonjee Maharaj, who is about 40 or 42 years of age. He occasionally resides in Bombay at intervals of 10 or 20 years. He is a resident of Surat. The Banians and Battias consider the Maharaj in very good light, and re- spect him. The learned counsel alluded to some cases in point, and remarked they were not to be goit over by any explanation of his learned friend.
Bayley said the question was not as to character. Taylor has laid down the rule in reference to aggravation of damages. I understood the question in a spiritual light. I thought there was a misunderstanding on the part of the witness, and that's the reason I asked him if he spoke of Maharajas in general. I object to his personal character being reffered to.
The plaintiff is a Maharaj: The Maharaj is a Brahmin, and is above the ordinary run of Brahmins. Some Brahmins who receive a particular religious character from him regard him as a gooroo. The Bhattias are wor- shippers of the Maharaj. The Bhattia caste is different from the Banian. They respect the Maharajas equally asStheir gooroos. A gboroo per- forate divine service and worships the images. The Maharaj might preach sermons, But I am in the habit of going to him only three or four times in the year.
The Brahmins read the Puraris and other religious books to the people. The Maharajas occasionally read the Purahs, but are generally engaged in worshipping the images. The Maharajas have temples in Bombay? Some permanently reside here, as, for instance, Jeevanjee Maharaj.
In India, I believe, there are now about 60 or 70 Maharajas. The Maharajs are spread over the cities of Hindobstan. The rajahs and native princes respect the Maharajas in the same manner as the devotees do. I have resided all my life in Bombay. I am a subscriber to the Satya Prakash newspaper. I may -have 'read the articles upon which this action is brought. The controversy re- lated to pur religion; I was engaged in it against the Maharjas. I do not recollect incurring the displeasure of Lall- muneejee for denying his right to ask for presents.
I have not signed; a paper prepared by the Maharajas binding me, to implicit obedience, especially with reference ,to these ac- cusations ; but many persons have signed such a paper, which I have heard was prepared by the Maharaj. I have heard from the Banians, mem- bers of the sect, that an engagement has been entered into by Banians, Bhattias, and all the sects to do their 'utmost to prevent the Maharajas from being called as witness in a court of justice.
This engagement has been designated tlie 'slavery bond' by those printers and newspaper writers. I can't say whether Qthers; it so. I have not signed ibhis bond. It is true that to get the bond signed, the Maharajas kept the temple closed eight days. This was about four years ago. I do not know of any attempt being made by the Maharajas to get Karsandass excommunicated from the caste of Banians for writing articles against them. Such an attempt was made. Two persons came to me and said that as the Bhattias had made an arrangement we should make it also: One was Purbhoodass, and other Jaykissondass.
They are both Banians, so am I, and so is the defendant, Purbhoodass is the person who is managing the case for the plaintiff in this present action, and is sitting down in Court behind the professional advisers on the part of the plaintiff. He came to me once only about the business of excommunication. I said that if what Karsandass had published is false, the Court will punish him- I refused to interfere, as the Maharaj had brought an action against him: I can't say that they knew whether I was going to give evidence for the defendant in this action.
The Maharajas are not the preceptors or spiritual guides of all the Hindus, but only of the Bhattias and Banians and Brahmins. The majority of the Banians believe in the Maharajas. Some of the Banians are Jains. Jain Banians don't believe in the Maharajas. I have not heard of any Banians regarding the Maharaj as almighty God incarnate in the flesh. Some people do say that they are gods, while- some deny that they are. Referring to the i bundobust '' arrange- ment I meant to refer to the Conspiracy Case of the Queen vs. I heard the arrangement was to prevent any person from giving evidence here on behalf of Karsandass: The Maharajas decide caste dis- putes, and also themselves fall into caste disputes; I do not know if some castes have had to complain of the Maharajas seizing the property of widows and orphans ; I have never heard such a things The Maharajas have temples in Bombay: Prosti- tutes are invited on such occasions to dance in the temple.
Prostitutes are also invited to the party In those temples the Maharajas worship the idols, and men and women worship, sometimes, the Ma- harajas. When we, fall jV d6wn before the Maharaj, he blesses us. On certain occasions the Maharaj throws - gotat red powder used during the Holee holidays on the person of men and women.
It is thrown from a distance, and it may fall upon the necks and breasts of women. If any person throw the breast of a woman, OUT people don't t cindeeent or shameful. I do hot kiifow if other people consider so. I have not heard of any Maharaj touching the breast of any of my relatives or of any other female. The pan sopdrree thrown off by the Maharaj is taken in hand and eaten by his devotees. The water rinsed and wrung from the Maharaj's dhotia trowser , is drunk by his devotees and is known as charnamrut, i.
Some portion of the remnants of the food eaten by the Maharaj is eaten by the followers. The water with which the Maharaj bathes is not drunk. I don't know if there are rooms of the Maharaj to which females only have access. I do not recol- lect whether two or three years ago a meeting of the Bhaittias was held with the view to prevent females from going to the Maharaj in his private rooms.
Bombay four years ago. They take their opinions from the gooroos or Brahmins. I have never been to a dance at the Maharaja's temple. The Maharajas usually reside in the Temple on one side, or in a separate dwelling-house, sometimes in a place- within the compound, and sometimes in a house opposite to the temple.
The dances take place in the house on one side, and sometimes in the compound of the temple. All nautch-dancers in Bombay are prostitutes, Nautch dances are frequently given by respectable persons on occasions of the celebration of marriages and other events. The plaintiff is married and has children.
The Maharajas object to come and give evidence in courts. They would not incur. We do not worship the God ; the Maharajas do that. They bathe the image in se- veral ways: N"one touch the image. The qoldl is thrown about during the Hoolee festival: Now I am an old man, and I don't throw it: Sausse " When I say " worship the Maharaj, " I don't mean to say it is the same thing to worship the Maharaj just as he worships the image: The image is bathed and dressed, arid food is presented to it; but the same is not done to the Maharaj.
The Maharaj eats of the food presented to the image, and also distributes it among the Vyshnavas. To Sir Joseph Arnould. When I wave the light round the Maharaj and prostrate 'before him, I don't consider him as an incarnation of the Deity. I cannot say if the majority or minority of the Bania caste hold that creed. I cannot say if the num- ber of persons holding such belief has increased or diminished within the last few years.
Throughout the day the hall of justice was excessively crowd- ed Tby followers of the Maharajas, and peace. Second day; Monday, 27 ih January, Jumnadass Sevaklal, examined by Mr. I am not a shet of my caste. I know the plaintiff, who is our Maharaj. He A instructs us in our religion. I observe in it the name of Jadoonathjee Maharaj introduced, the plaintiff in this case.
I have not heard of any other Jadoo- nathjee Maharaj. I remember his arrival from Surat about two years ago. I have not heard of any complaint from Jadoonathjee, since his arrival that people did not respect him and the other Maharajas as they ought to do. Anstey hands a paper to the witness, and repeats the question. I don't remember to have ever read this paper before.
I have not heard of Jadoo- nathjee complaining of the neglect of his fol- lowers towards himself and other Maharajass"pre- viously to the year I, and before the arrival of plaintiff, I did not hear the Vyshnavs com- plain that the Maharajs did not give them proper instruction and advice in matters of religion. We used to go before the Maharajas, to prostrate ourselves before them, to go to the" idol and to return.
They did not give any other instruc- tions execpt those connected with Brahma. Those instructions are given only once in a life time. Plaintiff used to say that if the Vyshnavs came to him and asked him any thing, he would- answer them. I did not hear the plain- tiff say that he would give instruction to those only whoveame to ask him. I have not heard the Maharaj say that; according to the Shastras, the goaroo should not give instruction without being asked by the pupil, nor that, giving in- struction without being asked is to give food to one who is not hungry.
The company or society of Vyshnavs, not the Maharaj, published a reli- gious magazine. Plain- tiff is at the head of the Society. I have not heard that Jadoonathjee has called upon all the Yyshuavs to come forward and support the magazine, nor have I read a handbill to that effect; I do not remember the name of the magazine. The Vyshnav families in Bombay are numerous.
I cannot say if they are ten thousand. The Marjadees strict observers of ceremonies are the Bhattias. I have not heard of Jadoo- nathjee complaining that, out of so many Marja- deesj only one hundred have subscribed to the magazine, and that, out of so many Banias, only have subscribed thereto. I have not heard him complain so. The Maharaj does not practise any tyranny, what tyranny is it? By connection with Brahma I mean the chanting of mystic verse relating to the worship of Brahma.
I don't read Sanscrit. By God I mean Krishna. The verse was not explained to me in Gujratee. I believe, the meaning of the verse was once ex- plained to me by ;some Brahmin. It is not that I hesitate to answer these questions against the. Maharaj, for the fear that I inay be born again in the condition of a bird or dog. Bayley objected to the Court being taken, into such excursive details.
Sausse remarked that the libel was of such an extensive nature, that the Court must go into the details.
The objection was overruled. Bayley again ob- jected that this line of examination was not pertinent to the matter at issue. What is the question? Anatey, That Krishna is your protector, that therefore you surrender to him your mind, body, wealth, wife, sons, children, and every thing else? The objection is overruled. Some five or seven thousand Banias 1 assemble at a caste feast.
Besides these there may be five or ten thousand' Jains. It ija true that about half the Bania caste the Jains don't believe in the Maharaj. Do some Banias believe the Maharaj to be a God? Interpreter explains Some consider the Maha- raj a god in the shape of gooroo. Tell him he is asked what others believe, not as to his own belief.
I don't know if others believe him as God; I consider him as simply a gooroo.
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I don't know under what name others worship him. There is no "bundobust" in my caste, to prevent witnesses from giving evidence in this case on behalf of Karsandass. I was not asked to join in such "bimdobust. I am not a Marjadee. There is no festival among the Valla- bhacharyas in which married men and women mix promiscuously in a room. I do not know anything of the history of the Vallabha- charya sect.
My only reason for believing the Maharajas to be of high caste, is that even Brahmins believe them. I don't know if those Brahmins are few or many. The Maharjas are originally Telinga Brahmins. I don't know if the Maharajas, on ac- count of their practices, were outcasted by the Telinga Brahmins for some hundred years.
I don't know if they are so outcasted at present by the Telinga Brahmins. MaW and females of my family visit the Maharaj. We worship him when he comes to our house: I have not at any time swallowed the spittle and leavings of pan soparee thrown out by the Maharaj ; but I have sometimes partaken of the remnants of his food. My family may have eaten the leavings of his food but not the pan soparee thrown out. In the month of Shrawan, the image is swung in a swing ; if the Maharaj also sits therein, we swing him. The females of my and other families have swung him.
The Maharaj has- thrown golal on thousands of females, not the females of my family alone, By Thackorjee'I mean Krishna. I don't think that throwing the golal makes women pregnant. It is not the fact that young men throw golal and not the old. Throwing the golal has no relation to sexual intercourse. Throw- ing golal from a distance 1 don't Consider as an outrage upon chastity. Witness is fined fifty rupees for not giving a direct answer. I cannot explain why it is an insult to throw golal 'on a female at any other time but the Holee holiday. I have not heard any complaint of the Maharajas handling the breasts or necks of females in play- fulness.
Complaints similar to this have: I subscribe to the Jame-Jamshed, but don't recollect reading therein any thing of the kind, Mr. Anstey reads a list o all the vernacular papers. I have not read any of these papers. I subscribed only to the Satya Prakash and the Jame-Jamshed. Anstey hands witness an article published in the last-mentioned paper six or seven years ago, containing r an expose "which must put to shame the followers of the MahaUaj.
Throwing the golal is also part of pur, religious ceremonies during the Holee holidays. The golal which remains after throwing over the idol, is thrown over the worshippers. You are fined fifty rupees for not understanding why it is. Scoble has misunderstood why the witness j. It was for evasion, pre- varication, and. The Court would not fine a witness for not under- standing a question, and your assuming that it did so fine him, is assuming what you have no rigM to assume. Scoble offered an explana- tion, and the examination continued.
It is not lawful for a Brahmin to marry; put of his caste. J know the plaintiff. I; am a shet of ray 18 caste, arid one of the members of the Mahajan. The Maharaj is a priest of the Bhattias, Lohahas and Banias. The plaintiff is a gooroo or spiritual guide and Brahmin by caste. He is in a higher position than the ordinary Brahmins. The Maha- rajas are looked upon as descendants of the Vallaba- charyas. The plaintiff has no temple in Bombay. Maharjas are looked up to with respect by the Hindus, particularly by our sect.
My name was not mentioned in a native paper in regard to that matter. I have seen a paper containing that charge signed by Mr. That was about five years ago. I am brother of the witness Gopaldass Madhowdass. I do not know whether my brother was in opposition to any of the Maharajas, except to Jeevunjee Maharaj, in respect to a dispute between some Brahmins. I do riot know the history of the sect of the Vallabhacharyas, nor whether he was the son of one Luxmon Bhut.
Maharajas were originally Telinga Brahmins, but have not heard that they are outcastes. I do not know whether the Raja of Porebunder was dis- gusted with the worship of a Maharaj. I do not know why a Maharaj was flogged by the Portuguese authorities at Daman. An application was made for the v release of a Maharaj who had been imprisoned at Jalua- patan. The Maharajas adopt sons from their own sects,,and they become priests by adoption. It may be criminal in the eyes of the Hindu religion to ex- pose the vices of their parents, but I do not con- sider it so.
The Maharajas wash their own bodies on their. The image, too, is washed with saffron water on these sacred days. The females also sprinkle saffron on the Maharaf s person and they consider the touch- ing of his feet as sacred. If a Maharaj dies we do not say he is dead, but that he has joined play or amorous love in heaven between men and women. I am not able to state whether it is a part of our sect that Krishna had intercourse with 16, women, and that they had salvation thereby. The Maharajas have imposed a tax on the gains of the Bhattia and grain merchants that fall on the community.
There was a meet- ing held at the plaintiffs house for considering the' re-marriage question and opposing it, I do not know when the Vishnu Punch was started. I have not drunk the water wrung out of the Maharaj's lungotees after bathing, nor that with which his right toes are washed. Some people drink such water. I know only from the newspapers that my brother was asked to. The temples were closed for 8 days in order that the followers should sign the document.