THREE:But, on the 6th of May, a blow fell on Nuncomar from an unexpected quarter. He was arrested and thrown into prison at the suit of a merchant named Mohun Persaud. The charge was, that he had forged a bond five years before. He had been brought to trial for this before the Mayor's Court at Calcuttathe Supreme Court not then being in existence. On this occasion, being in favour with Hastings, he had procured his release; but now, the merchant seeing that Hastings' favour was withdrawn, and that, therefore, he might have a better chance against him, the charge was renewed. Hastings, on the trial, declared before the Supreme Court that neither directly nor indirectly had he promoted the prosecution. The opposition members were highly incensed at this proceeding. Three days after Nuncomar's committal they realised their threat of dismissing the Munny Begum, and appointed Goordas, the son of Nuncomar, to her office. They sent encouraging messages to Nuncomar in his prison, and made violent protests to the judges against the prosecution. Their efforts were useless. The trial came on in due course. One of the judges, Sir Robert Chambers, had endeavoured to have Nuncomar tried on an earlier statute, which included no capital punishment, for forgery was no capital crime by the native laws. But Sir Elijah Impey and the other judges replied that the new Act compelled them to try him on the capital plea, and he had been, on this ground, refused bail. Nuncomar knew nothing of our estimate of forgery, and he could not comprehend how a man of his rank, and a Brahmin of high dignity, should be tried for his life on such a charge. But he was found guilty, and condemned to be hanged. Strong efforts were then made to have him respited till the judgment of the Court of Directors could be taken on the question, but Impey and the other judges declared that it could not be done unless they could assign some sufficient reasons, and they contended that there were no such reasons. Yet the new Acts expressly gave them this power, and, what made it more desirable, was that no native of any rank had been tried by the Supreme Court and the British law, and only one native had ever been capitally convicted for forgery in any of our Indian courts. Moreover, the indignity of hanging a high-caste Brahmin was so outraging to the native feeling that it was deemed most impolitic to perpetrate such an act. All was pleaded in vain; on the 5th of August, 1775, Nuncomar was brought out and publicly hanged, amid the terrified shrieks and yells of the native population, who fled at the sight, and many of them rushed into the sacred Ganges to purify them from the pollution of ever witnessing such a scene. The death of Nuncomar put an end to all hope of procuring any further native evidence against Hastings. The natives were so terrified at this new kind of execution, that nothing could convince them but that, in spite of the opposition of his colleagues, Hastings was all powerful.The news from Boston could not have arrived at a moment when the public mind was more ill-disposed towards the Americans. The affair of the abstraction of Mr. Whately's private letters from his house or office, and their publication, contrary to custom and to its own engagement, by the Massachusetts Assembly, had produced a deep conviction in all classes in England of the utter disregard of honour both in the American colonists and their agent, Franklin. This disgraceful violation of the sacred security of private papers roused the indignation of Mr. William Whately, banker, in Lombard Street, and brother to the late Mr. Thomas Whately. He conceived strong suspicions of John Temple, afterwards Sir John Temple, Lieutenant-Governor of New Hampshire, and, though one of the Commissioners of Customs at Boston, really hostile to the Commission, and a strong partisan of Franklin. Whately challenged Temple, and was severely wounded in the rencontre. At this, Franklin came forward with an avowal that neither the late Mr. Whately nor Mr.[211] Temple had anything to do with the carrying off of the letters; that he alone was responsible for this act.
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