^>?fN>VlV4N/?Vtv^/\yri/TV4\/JV*'4^

^

m?V'r

^s;^,m'A'^.:^r^\'

n. r

?^>,

^%^f:

ii^r,'-^it'^ ^;

'^^^

^^m

^

.

,x.

"

1^-

^

2^

REPORTMAHAEAJ LIBELAND OF THK

CASE,(JA8E.

EHATTIA C0N8PIEA(JYCONNECTED WITHIT.

JABUIATI-UEE BEIZRATTAIJEE MAHARAJ,vs.

KAESAInDASS MOOLJEE,AND

EditOT ajid Proprietor,

MIABHAI EUSTAMJI HMUi,

Printer,

"

Satya Prakash.''

'^^^\^rP^f

a

libel,

I

apprehend your579,n the

will

liavelibel

read

AlJisoo.

Wrongs,every

p.

578,

on

and

It

isis

there

shewn

that

publication

making a

person's

society

shunned

and

avoidedto

a

libel.

To

pul)lish

andis

saylibel.

a

manTho=!e

hascases

insultedcited

two females and

thereby

maketo

his

society

shunned,

ain

by

meto

are merelyin

foot-notes,

show whatfiled

constit tes

libel

the

opinion

of learned judges

England.that

The defendants haveKarsandas,in

justification.is

I

atn

prepared

with

a

certificate

prove

one of the defendants,

the

publisher

of the

libel.

Hearing

his admission

a recent case that

he was the publisher,to

andthe

the

other

defendant

the

printer,

I

need not put myself

the

trouble

of

provingof the

printer

and publisher.I

" Theastoits

sixth

plea

is

as

to

so

muchwill

allegedeffect,

libel.

think a

special

traverseit

being

properly

translated

haveofficial

no

as

I

am

of opinionplea1'hat

that

is

correctly

translated

by

Mr.

Hyim,details

the

translator.

The seventhplaintiff.is

goes

into

minute circumstances,all

andIis

a

horrible

character

of thefriend'J

disposes of

the

other

pleas.this

submit that unlessclearly

myfor

learneddamugiritual

whois

worships

our

iijols

andrun

performs divine service.of Brahmins.

The

a

Brahmin,

and

above

the

ordinary

Some Brahuiins who receive a particular religious character from him regard him as a gooroo. The Bhattias are worshipiiers of the Maharaj The Bhattia They both respect the Maharajs equally as their caste is difK-rent from tiie B.mian.gooroos.

A

gooroo

performsI

divine servicein

and

worshijis the images.to

preach sermons,the year.

but

am

the

haliit

of going

The .Maharaj miaht him only three or four times in

The Brahmins read the Purans and other religious books to the people. The Mahrajs occasionally read the Purans, but are generally engaged in worshipping the The Maharajs have temples in Bombay there are sometimes two, sometimes images.:

five,

and some timeshere,as,

ten,

and

perhaps

more

MaharajsIn

in

B

nibay.I

reside

for

instance.

Jeevunjee

Maharaj.atin

India,is

believe,

Some permanently there are nowchief;

about

60the

or

70 Maharajs.of

The Maharaj

Sreejee

considered'J'he

the

he

has

a temple at >'athdoovvar, near Oodeypore,overcities

Northern India.nativeprincesall

Maharajs are spreadthe

Ilindoostan.as

The

rajahsI

andhave

respectlife

.MaharajsI

in

the

same mannerto

theSa't/a

devotees

do.

residedIis

myhave

in

Bombay.thearticle

amupon

a

subscribertliis

theis

Prakash newspaper.

may

read

which

action

brought.

The

^ati/a

Prakash

now amalgamated with

the

East Go/tar.

62Cross-examined by Mr. Anstey.northe

I

have never beenI have

to the principal seats in India,

have I seen

the

Maharajs vi^orshipped by the rajahs,

and v?hat I have said aboutrecollection

Maharajs

is

what I have heard about them.going

of an

unpleasantthe

controversy

which was

on

into

1911-12 (1855)our religion;

between theI

Maharajs andinit

Brahmins.Maharajs.

TheI don'tof

controversy

related

was engagedto

against

the

remember Lalmaneejee Maharajhis

issuing an order eight years ago, calling

upon membersdid

caste

to

repair

to

his

houseten

and

give

him

presents

;

neither

Lallmunjeedispleasure

Maharajof

give

such anfor

order

yearsto

ago.

I do not recollect incurringfor

the

Lallmunjee

denying his right

ask

presents.

I

haveof

notthe

heard of the complaints among the

VuUabhacharyas

of the

adulterous

practices

Maharajs with

their

wives

and daughters, but I have read some complaintsIfirst

in the

Satya

Prakash and Parsee Punch, whichI have not signedespecially

began

to

read

about

five

or

six years ago.

a paper prepared by the Maharajs binding me,;

to implicit obedience,

with reference to these accusations

but

many

persons have signed such a paper,I

which I have heard was prepared by the Maharaj.

have heard from the Banians,into

membersandall

of the sect,

that

an engagement has beentheir

entered

by Banians, Bhattias,being called'

the

sects

to

do

utmostThis

to

prevent

the

Maharajs from

as

witnesses in

a court of justice.

engagement has been designated theIcan't

slavery bond'so.

bynot

those

printersthis

and newspaperItis

writers.

say whether others

call

it

I have

signed

bond.

true

that

to

get

the

bond signed, theI do not

Maharajs kept the

temple closed eight days.being

This was about four years ago.to

know

of

any attemptthecaste

madefor-to:

by thewritingsaid

Maharajsarticles

get

Karsandass

excommunicated fromattempt

of

Banians

againstas

them.Bhattiasafter

Suchthe

an

was made.

Twoto

persons

cameit

me andthisto

that

the

had made an arrangement we shouldsignaturesthe

make

also

was but a day or twogive

were obtained,

intimidate

witnesses

evidence

in

this

case

against

Maharaj.

One was Purboodass, and

They are both Banians, so am I, and so is the defendant. Purboodass 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 saidtheother

Jaykissondass.

thatto

if

what Karsandass had publishedas

is

false,

the

Court

will

punish:

him,

I refused I

interfere,

the

Maharaj had brought

an action against himto

theyfor

went away.

can'tthis

say that theyaction.

knew whetherare

I the

was goingpreceptors

give

evidence

the

defendant in

The Maharajs

not

or

spiritual

guides

of all the Hindus,

but only of the Bhattias and Banians and Brahmins.the Maharajs.

The majorityMaharajtheas

of the Banians believe ia

SomeI

of the

Banians are Jains. Banians regardingBhattiasthe

Jain Banians don't believe in the Maharajs.theas

Iin

have not heard of anytheflesh.

Almighty Godas

incarnateof

cannot say whether

regard

Maharaj

the

incarnation

the

Deity,

but some

maysay

believe

in

Maharaj

the

incarnation

of

God,

while

othersas

do not.f]I

[Mr.cannotthat

Anstey.

Doare.

the

whole sect of Vullubhacharya regard the Maharajsthink.

Gods

what they(Mr.witness

Some

people

do

say

that

they are gods,so

whi'efirst

some denythe

theyto

Anstey here read a portion ofin

muchlaid

of the

averment of a pleaopinion of theof

the

which the doctrinethat

of the sect

was

down.)

It

is

Vullubhacharyas,

the

Maharajs and their descendants areto

incarnations

Bramah and Vishnu, andtheirfollowers.

deservebelieveit it

be

worshippedot

with

the

mind,

propertyto

and body ofthis

Iif

to

be a sin

the gravest character

neglect

worship.

I cannot say

is

the

duty of female

devotees

(as

stated

63in

the

plea)

to

lore

the

Maharajs and

to

be connected in adultery and lust with them.into

If such

doctrineit

or

passage

wastrue.

shown

me

anythevs.

would taketo

as

good and

Referring

of the books I call Shastras, I " bundobust" (arrangement) I meant

refer

to

the

Conspiracy

Case of the

Queen

Goculdass

Leladhur and

others.

I

heard the arrangement was to prevent any person from giving evidence here on behalf and the " bundobust" I was asked to sign was to the same effect. of Karsandass:

The Maharajs decide caste disputes, and also themselves fall into not know if some castes have had to complain of the Maharajswidows

caste

disputes.

I do

seizing the property of

and orphans

;

I have

never heardthere

such

a

thing.

Thethe

Maharajs

have

temples in

Bombaygoareto

:

sometimes when;

are marriages

and suchwhere

occasions, dancingidols

and

singing

on in the templesinvited

but not in theto

part

are

kept.

Prostitutesalso

on

such occasions

dancethe

in the jNIaharajs

temple.

Prostitutes

are

invited

the

party.

In

those

templesthe

worship

the

idols,

andthestuff,

men and womenMaharaj'sfeet.

worship,

sometimes,

Maharajs.

They

prostrateto

themselves

at

By

worshipping the

Maharaj, I understand applying

him

scent

and

and

offeringfall

When weidolis

him fruits and flowers, in the same down before the Maharaj, he blessesit,

wayus.

as

the idols

are

worshipped.

by swinging

and our women worshiptheof

the

One mode of worshipping the Maharaj by swinging him in a(redisis

swing.

Onfall

certain

occasions

Maharaj

throws golalIt

powder

used

during

the

Holee holidays) on the personit

men and women.

thrown fromnot

a distance, and

may

upon the necks and breasts of women.to

It

consideredIf

among

our

people

equivalent

adultery

to

throw golal on the breast of a woman.it

any person

throw golal on the breast of a woman, our people don't considerI donot

indecent or shameful.

knowofis

if

other

people

consider

so.

I

have not heard of any Maharaj touching

the

The pan soparree thrown off by The water rinsed and wrung from the Mahara s dkotia (trovvser) is drunk by his devotees and is known as charnamrut, ^. e., ambroisa or the nectar of the feet. Some portion of the remnants of The water with which the the food eaten by the Maharaj is eaten by the followers.the breast

any of

my

relatives or of

any other female.

Maharaj

taken in hand and eaten

by

his devotees.

Maharaj bathesthe

is

not drunk.

Isees

have been only three or four times in the year

to visit

Maharaj.'if

The Maharajare rooms

men and womenjNIaharajto

in the

same

open

space.

I

don't

know

which females only have access. Maharaj has a family, he keeps a separate " zenana" in the temple. I do notthereof the

If therecollect

whether two or three years ago a meetingprevent females

of in

the Bhattiashis

was held with the view

to

from going

to

the Maharaj

private

rooms.in

Ee-examined by Mr.followor

Bayley.

"to

Plaintiff

was

not

Bombay;

four

years

ago.

People of our caste follow thetheShastres

customs

and usages of our ancestors

while

some others

and

religious

instructors.

Theyat

take

their

opinions

from the gooroos

Brahmins.reside

Iin

have never beenthe

a danceside,

the

Maharaj's

temple.

The Maharajssometimesthetemple.to

usuallyin

Temple on one

or

in

a separatein

dwelling-house,opposite

a place within the compound,

and sometimesand sometimes

a

house

There are doors and entrances between the house and theplacein

temples.of

Thethe

dancestemple.

take

the

house on one

side,

in

the

compoundandto

All

nautch 'dancers inpectable

Bombay

are

prostitutes.

Nautch- dances are frequently given by resof

persons

on occasions of the celebration

marriagesobjectif

other

events.

Thebutas

plaintiff is in courts.

married

and hasnot

children.

The Maharajs

come and give evidence came here;

They would

incur

anybody's

displeasure

they

:

64they might be detained two or three days,

theyI

ceremonies and practicesthat

in

the temple.

Whento

say

would be prevented from the usual " worship the Maharaj," I meanpresent;

wethelight

offer

when we wish to invite the Maharaj him flowers, wave a light roundfeet.

our house,

him,

ourselves at his

Weways

do not:

worship

theit

Godto

the

we fetch him to our house, him money, and prostrate Maharnjs do that. They bathe&c.,it.

imageround

init,

several

they

wash

in

saffron,

flowers,

dress

it,

wave athetheto

and thentlie

men and

women

go

worshipof his,

before

Konea kindto

touch

image exceptoffice.

Maharaj andis

particular

servants

who:

areis

appointedof

The

gnlal

thrown about during thecalled

Hooleeis

festival

it

powderit

preparedit

from

wood

" Patanghoe."

It

usualit.

among

the

Hindusold

throw

is

an ancient custom,

and I

cannot explainI

Nowso.

1

am an

man, and

I

don't

throw

it

:

when

I

was young

used

to

do

Tosaid'

Sir

Joseph

Arnould.

the

Bhattias have

I indended

"

we"

to

"AVhen I said two people of the caste come to me and mnde bimdobust, and that we ought to make bundobust also," mean the Bania caste.

Toit is

Sir

the

M. R. Sausse " When I say " worship the Maharaj," I don't mean to say there is same thing to worship the Maharaj just as he worships the image:

a slight differencepresentedfoodtoit;

betweenbutthe the

the

twois

Thedone

imageto

is

bathedMaharaj.

and

dressed,

and foodeats

is

same

notalso

theit

The MaharajVyshnavs.

of the

presented

to

in.age,

and

distributes

among

the

Toto

Sir

Joseph

Arnould.I

" WhenI

thelight

Maharaj worships the image, I consider himround the

worshipdon't

God.

Whenhimas

wave the

Maharaj and prostrate belore him,

I

considerSir

an incarnation of the Deity.

To

M. R.the

Sausse.

"

have said there are some of the Bhattias and BaniatI

who

consider

Maharaj as an incarnation of God.

cannot

saythe

if

the

majority

or

minority

of the

Bania caste hold thatincreasedor

cr ed.

I

cannotwithin

saythe

if

number

of persons

holding such

belief has

diminished

last

few years."

(The Couricrowded by

rose

at

5

p.

M.

Throughout

the day the hall of justice

was excessivelyselect

followers

of the

Maharajs,

and peace was maintained

by a

band

of

Europeans of the Mounted Police Force.)

Second Day(3.)

;

Monday,

'11th

January,

1862.

Jumnarlas SevaklaH, examined by Mr. Scoble. Icaste.

amI

a skmjf and a

of theis

Laud BaniaMaharaj.

I

am

not

a shet ofour

my

caste.

knowread

the theI

plaintiff,

member whoin

our

He

instructs

us inlibelis

religion.

I

haveis

article

the

Sa/ya Prakash containing theto

for

whichof

this

action

brought.

was a subscriberOctoberI observe

the

Salya Prakash.

This

a

copy

the

8atya Prakash of the 21st

1860, in which I see aninit

article

about the primitive religion of the Hindus.

the

nameof

of Jadoonathjee

Maharaj introduced, the

plaintiff in

this

case.

I have

not heard

any other Jadoonathjee Maharaj.

65Cross-examined- byother;

Mr. Anstey.theI

" Ifrom

give

as

muchsince

respect to this Maharaj as to

anyago.

but the love

of

people

towardshis

him,

the

pubUcation abouthisto

of this

article,

has somewhat

diminished.of

rememberother

arrival

from Suratsince

two

yearsthat

I have not hearddidnot respectto

any complaintandthewitness,

Jadoonathjee,as

arrivaldo.

people

himthe

Maharajs

they

oughtI

(Mr.

Ansteyto

hands a paperever readthis

and repeats theI

question.)

don't

remembercomplainingto

have

paper before.followers

havehimself

not

heard of

Jadoonathjee

of the

neglect

of his

towardsarrival

and otherI

Maharajs, hearthe

previously

the

year

1860,

and before thedidbefore

of plaintiff,

did

not

Vyshnavs complain thatreligion.

the Maharajs

notthe

give

them properto

instruction

and advice in matters ofbefore

Wewithsay

used

to to

go

Maharajs,did

prostrate

ourselves

them,

to

go to the idolconnectedto

andthat

return.

They

not give

any other

instructionslife

excepttime.

those

Brahma.if

Ihose instructions are given only once in athedid

Plaintiff used

Vyshnavs camenot,to

to

him and asked him anyhearI theplaintiff

thing,

he

would answer them.to

Plaintiff

myso.

knowledge,I

complain that they did not comesay that

him.

I

have

notto to

heard him saythose only

did notto

he

would give instructionthat, according

who camethegiving

ask him.should

have not heard the Maharaj saygiveinstruction

the

Shastras,

gooroo

not

withoutto

beingfoodto

asked byone

theis

pupil,

nor

that,

instruction

withoutof

being

asked

is

give

who

not

hungry.

gious

The company or The Society magazine.

societyis

Vyshnavs, not the Maharaj, published a reliknown as " the propagator of the Vyshnav religion."

Thevof the

inserted

my name

and sentis

methe

message

to

the

effect

that I

was made a membernot

Society.

Plaintiff

atall

head of

theto

Society.

I

have

heard that

Jadoonathjee has called

upon

theto

Vyshnavseffect.

come forward and support the magazine,donot

nor have

I

read

a

handbillthe

that

Iis

remember theI

namesay

of the

magazine.

I believe

name

of the

magazine

" Svadhurma Varkhak" (propagator ofcannotareif

our religion.)areten

The

thousand.

Vyshnav families in Bombay are numerous. The Marjadees (strict observers of ceremonies)

theyI

the

Bhattias.

have not heard of Jadoonathjee complaining that, out of so many Marjadees, only one hundred have subscribed to the magazine, and that, out of so many Banias, only 120have subscribed thereto.practiseof

I have

not

heard

him complainconnection with

so.

any tyranny, what tyrannythe

is it ?

Byof

Brahmareadin

The Maharaj does not I mean the chantingSanscrit.

mystic verse relating to

worshipnot

Brahma.

I

don't

By Godtheopinion,

I

mean

Krishna.of theis

Theverse

verse

was

explained toto

me

Gujeratee.

I

believe

meaningthe

was once explainedof

me by some(This

Brahmin.

In

myI

Maharaj

a representativefine

Krishna

answerIt

wasis

extracted from notthat

witnessto

on the threat of a

of Ks.

100 from

the

Bench.)

hesitate

answer these questions against the Maharaj, for the fear that I may be born again in [Mr, Bayley objected to the Court being taken into the condition of a bird or dog.such excursivedetails.

Sir

nature, that the Court

must goline

M. Sausse remarked that the libel was of such an extemsive The objection was overruled. Mr. Bayley into the details.was not pertinentAnstey.to

again objected that this

of examination

the matter at issue.is

Sir

M.

Sausse.

What?

is

theto

question

?

Mr.

That

Krishna

your protector, that

therefore

you surrender

him your mind, body,is

wealth, wife, sons, children, and every

thingthatpain,

else

Theis

objection

overruled.]

Yes,I,

the

sense

of this

Sanscritinternal

passage

is,

Krishnado

myto

protector,

and that

who ambody,

destroyedbreath,

by

misery andfeelings,

surrender

Krishna

my

mind,

my

my

heart,

my

as

9

66also

my

wife,

together

with

my my

house,soul.

mybe

children,five

my

relations,

my

wealth,

and other worldly

things,feast.

Somedon't

or seven

thousand

Banias assemble at a casteItis

Besides these

there

may

five

or

ten thousandin

Jains.

true that about half thesects

Bania

caste

(the

Jains)

believe

the

Maharaj.

There are two

of

Banias

believers

and unbelievers.Banias believethe

Sir

Do some " We Witness. M. Mr. Anstey.Sausse.Tellto jail.

Maharaj

to

be

a

God

?

consider

himwitness

to

beif

our

gooroo.

he

does

not

answer

the

question,

he

will

be

sent

Witness.

""WTiatIs

is

the

precise question ?

(Interpreter

explains)

Some

consider

the

Maharaj a god in the shape of gooroo.

Mr. Anstey,Witness.Sirwill

Gooroo a Godis

?

" GoorooSausse.

gooroo.

M.

Tell

him

if

he

does

not

answer the question,

most indubitably

he goSir

to

jail.

Joseph

Arnould.

Tell

him

he

is

asked what others

believe,

not

as

to

his

own

belief.

Witness.:

" Icaste,

a gooroo.bust"in

I don't

I consider him as simply don't know if others believe him as God know under what name others worship him. There is no " bundo;

my

to

prevent witnessesto

Karsandass.plaintiff's

I

was not askedto

join

in

attorney

give

instructions,

from giving evidence in this case in behalf of such " bundobust." I have not been to theI

went

to

him

for

myis

own

caseto

whichthe "

is

pending.

I

amI

not

a

Marjadee.

Isort

don't

knowit

ofis.

my

caste

people going

Kasthe

mandalee."

don'tin insortsect.

knowthein

what

of thing

There

no

festival

amonga room.

Vallabhacharyas

which marriedlibel

menaI

and womenreferenceto

mix promiscuouslythe

in;

Iis

may havenothingof

readthe

article

Kas

festival

buthistory

there

my

caste.

dofor

not

knowI

anything of thethe

of the

Vallabhacharyacaste,is

My

only

reasonbelieve

believingdon't

Maharajsif

to

be

of

high

that

even

BrahminsMaharajs

them.

knowby theat

thoseIdon't

Brahmins are

few

or

many.on

Theyears.

are

originally

Telinga

Brahmins.

know

if

thefor

Maharajs,

account of theirIdon't

practices,

were outcastedareso

Telingapresentin

Brahmins

Bome hundredBrahmins.I

knowfamily

if

they

outcasted

by the Telingafamily.

have neverof:

heard of

a

Maharajthe

intermarr^^ing

a

Brahmin

Males comes

and femalesto

my

visit

Maharaj.to

We

worshipI

our house

we

don't

go

to

his

house

worship

him.

him when he have not at anyMaharaj;

time swallowed the

spittle

and leavingsof the

of

pan

sopareeof his

thrown out by thefood.

but I haveeaten

sometimesof

partakenfoodis

remnants

My

family

maythesits

have

the

leavingsthe

his

but not the pan sopareein

thrown

out.

Inalso

monththerein,

of Sliraican,

image

swungof

a

swing

;

if

the

Maharajhave swung

we swingharaj

him.

The femalesgolcd

myI

and otherthink

families

him.

The Maalone,

has

thrownI

on

thousands of females,don't

notthat

the females of

my

family

By

Thackorjee

mean Krishna.

throwing the golal makes

women

67pregnant.Itis

not the

fact to

that

young men throw golal and not theintercourse.

old.

Throwinggreatinsult

the goJal hasfor

no relationperson,I

sexualthe

I

would

consider

it

awife.

any

other

but

Muharaj,as

to

throw golal uponchastity.

mywhy

Throwingis

golal IVom afifty

distancefor

don't consider

an outrage upon1

(Witnessit

finedinsult

rupees

not

gi^'ing

a directat

answer.)

cannot butthethe

explainlloleeorin

is

anI

to

throw golal on a femalecomplaintof the

any other timehandling

holiday.

have notin

heard anyplayfulness.

Maharajsto

breasts

necks:he

of

females

Complaintsthe

similar

this

havethe

been

publishedor

Safya

Prakask.

I have not readI subscribekind,to

Parsee

Punch,of

Summachar,recollect

the

Summachar Durpun.any thing of theread anyof

the

Jami- Jamah ed, butlist

don't

readingpapers.)

therein

(Mr.

Anstey reads aI subscribed

all

the

vernacular

I have not

these papers.

onlyarticle

to

the

Satyain

Prakash and the Jami-Jamshed.last-mentioned

(Mr.sevenof

Anstey hands witness anyearsago,

published

the

paperthe

six

or

containingI

an

expose

" which

must

put

to

shame

followers

the

Maharaj.")

don't recollect

having read

this

article.

Re-examined by Mr.theis

Scoble.

is

" T

have been asked asoncertain

to

swinging the

image anddays.It

Mahara'.

It

is

a

ceremonyin

performedof

religious

and

festival

performed

publicly,

the

presencealso

men and womenpartafter

belonging

to

the

Vyshnav

persuasion.

Throwing

the

golal

of our

religious

ceremoniesidol,is

during the

Holee holidays.the worshippers.insult for

The

golal which remains

throwing over the

thrown over

[Mr. Scoble.to

You^^rofo'

are fined fifty rupees for not understanding

why

it is

an

a

strangerthe

throw

upon your wifefifty

Sir

M.

Sausse.

Mr.

Sci ble

has misun-

derstood

why

witness was fined

rupees.fine

It

was

for evasion, prevarication,

and delay.

Sir Joseph Arnould.

The

Court would notit

a witness for not understanding a question,is

and your assuming thatassume.

did

so

fine

him,

assuming what you

have

no

Mr.or

Scoble

offered

an

explanation,breastor

and the examination continued.]it

" If

right

to

the

Maharajadultery

Gosaeiso

handled thethrowing

neck of a female,females

would

beIto

considered

notat

his

golal on

from

a

shortfor

distance.

have been

presentof his

the

marriages

of Maharajs.

It

is

not

lawful

a

Brahmin

marry out

caste.

Tothe

Sir

M.

Sausse.

"As wedoof the

cannot touchso,

and swing the image

of

the

Deity,

weis

swing the Maharaj.only goorooare

Wlien weVyshnavs."

of those

sect

we regard him as our gooroo. who wear " Kantees" (necklaces

The Maharajof

beads,)

and

who

known as

(4)

Vurjeevundass Mahdoicdass,of

examined by Mr. Bayley.the

"

I

amI

a justiceI

of

the

peacethe

Bombay.these

I belonglast

to

Bania

caste.

I

known

plaintiff

two years since

his

arrival

know the in Bombay.is

plaintiff.

have

am

a shet of

myby

caste,

and one of the members of the

Mahajan.is

The Maharajor

a priest of the

Bhattias,caste.

Lohanas and

lianias.

Theposition

plaintiff

a goorooordinary

spiritual guide'J

and BrahminMaharajsarein

He

is

in

a

higher

than

the

Brahmins.plaintiff

he

looked

upon as descendants of the Vallabacharyas.Maharajsare

Theby

has

no

temple

Bombay.oursect.

looked

up

to

with

respect

the

Hindus,

particularly

by

Cross examined

by

Mr.

Anstey.

"

I

deny that I was ever

called

upon

to

give

68evidencein

a court

of

justice

against

ain

man

chargedto

with double murder.matter.I havefive

My

nameI

was

not

mentioned in a native papercharge signedwitnessto

regard

that

seen

a paper

containing that

by Mr.Maharajs,I

Forjett.

That wasI do notto

about

years ago.

amwaathe

brotherin

of the

Gopalldassof

Madowdass.exceptnot the

know whetherMaharaj,ofhistory

myin

brother

opposition

anynor

the

Jeevunjeethe

respectsect

to

dispute

between some

Brahmins.

do

knowof

the

of

Vallabhacharyas,originally

whether he waswith themare

son

one

Luxmonarecaste

Bhut.

Maharajs wereI have;

Telinga Brahmins,eat;

but have not heard

that they

outcastes.

not

heard that Brahminsworshipthe

One-half of

my

are

Jains

they do not

Maharaj

they

Bhuddists.

Some worship

the

Maharaj as well aa Shiva,for

andthe

those

who

worship

Vishnu,of

have aShiva,

reserved worship

Shiva.

when they abandonimmoralities.rities

the worship

worship the Maharaj.

I do not

Some persons know whether

Kaja of Porebunder was disgusted with the worship of a Maharaj on account of hia I do not know why a Maharaj was flogged by the Portuguese authoat

Damaun.priestsof

An

application

been

imprisoned at Jaluapatan.

was made The Maharajs

for

the

release

of

adopt sons from theireyes of theit

becomethe

by adoption.theirtheir

It

mayIor

be criminal in the

Maharaj who had own sects, and they Hindu religion to exposea

vices

parents,

but

do not considerrehgioustoo,is

so.

The-

Maharajs wash

their

ownBcent

bodies

on

birthdays

days,

and

we

throw saffron

and

other

on their persons.

The image,sprinkleassacred.

washed with

saffron

water on these

sacred

days.

The femalesof hissacred.

alsofeet

saffron

on the

Maharaj'sif

persondustis

andbutI

they

consideris

the

touching

I do not know

the

on which he walksthat

regarded asjoinedstate

If a

Maharaj dies we do not say he

dead,

heable

hasto

play

or

amorous love in heaven between men and women.it

am

not

whether

is

a part of our sect thatthereby.

Krishna had intercourse with 16,000 women,donot

and that they had salvationthe Avtar theof the

I

know

that

the

Maharajs arethe

called

Mahagrain

Prabhoo.

The Maharajsfall

have imposed a tax onthe

gains

of

Bhattiaat

and

merchants thatfor

onthe

community.havethat

There was a meetingand drunkwhichopposingthehisit.

held

the

plaintiff's

house

considering

re-marriagestarted.

question

I do not know when the

Vishnu Punch waslungoteesafter

I

not

waterright

wrung outtoes

of the

Maharaj's

bathing,

nor

with

are

washed.

Somethis

peopleaction,

drink

such water.

Iif

have not sighed the bundobust tobrotherto

helponly

Karsandass in

nor

do Ibrother

know

my

has signedit.

it.

I

knowto give

from the newspapers thatthat

my;

was askedcasteso they

signcall

I signed a document

by which we agreedevidencealso

no membersif

of the

should

upon a Maharajexpelled.this

in

a court of justice

they didtheto

would beif

WeTheto

intended

to

memoriahze the Judges

of

Supreme Court, andPrivyCouncil tofollowers should

Court did not granttemples

us

exemption

we

would

appeal

the

be relieved.theto

were closedvisit

for

8 days

in order that the

signlike

document.

Maharajsthis

the

steamers,

shops,

and nautchfrom

parties,

but

do not

come

Court

as

they have not

done so

timehas

immemorial.beenyears.visits

(Mr.existence

Anstey.only

How400

do you say

timesect

immemorial,has been in;

when yourexistencevisits

sect

in

years.)

Ourlarge

only

400

Goverdhunathjeeto

Maharaj was a

trader

he receivedof

from and paid

Parsee

and

MahomedanI

traders.

I

know nothingif

the

Mahomedanzenana where

mistress

of Vachallaljee

Maharaj.

do

not

knowit.

thereis

is

such a book containing verses written by thesepai-ateall

plaintiff.

I have not read

There

a

the ladies

go

to

visit

the

Maharaj's

wives.

The

69devotesare

allowedare

to

see

the

image eight times a day.the crowd,so

I have

sometimes heard thatdisgraced.

women'sthe thenot

dresses

handled indecently inattend;

and their personsan hour as 4it

In

winter the

men and womencarriagelate

at

early

o'clock.

I

did driveso.

Maharaj'sslightto

as

coachmanBeforethe

I do

not consider

disgraceful

to

do

Ito

did

the

Governor Lord Elphinstone while driving in publicpublicationin

in

orderin

payof

respect

ourthat

Maharaj.theago.if

of theof

libel

I

have

readadultery.

some

the

papers

Maharajs were

the

habit

committing

This wascaste.

about 4 yearsI

do not knowBhattias

any

There was a talk amongst members of the There was a replies were made to this.femalesto

Vallabhacharyatalk,

I believe,temples

amongof

the

that

their

should

goin

at

proper

hours

to

the

the

Maharajasten

The women wereago. his

go only

the

morning and evening.the

This was about

monthsin

I

am

not on

bad terms withattack

defendant,

Iof

have

beencaste;

attackeddisputes.

by himItook

newspaper.

The

was

made on

account

somesect

no notice of the

article.

I

do not read the doctrines of

my

I learn

them

by hearsay from the Gujerati Brahmins.

Ee-examined by Mr. Bayley.

" I am;

stillis

a justice of the peace, and do not thinkthe

myor

character

injured

in

any way by whatI

called

doubleI

murder by Governmenthaveit.

any othertheifif

body.

The charges wereallowed

without

foundation.further

merely

heardplaintiffit,

thatsaid

Maharaj

was found dead

know nothingallowit.

about

The

the Shastras

him

to

support the re-marriage of widows he would allownot

but

they did not allow,it

he wouldsettled.

There

was some

discussion,

but

I

have not heard how a caricature.of the

was

TheseI

articles

that I

Punch means Vishnoo assembly and not saw had no effect on my mind as to the characterVisknooMaharaj'stheof

Maharaj.to

frequent

the

temple.

Severalof

people

areinto

keptthe

at

the

temple

keepinto

order.

They

regulate

admissiontheother.

people

temple.

They

enter

one passage

and go

out

The defendant

attacked

me

three or four times in his

paper, but I thought the attack too contemptible to notice

it."

Third Day, Tuesday,

28th

January 1862.

(5.)visited

Runchor Munjee examined byparts

Mr.

Bayley.I

" Ibeen been

amto

a merchant, andthegreatcities

havethe

many

of India on

pilgrimages.

havenot

on

banks of the Gangestowards thethere

and

the

Jumna.arein

I

have

furtherplacesI

than

Porebunderin

West.not.

Therebelieve

werethere

Maharajs inIndia

many

of theor

visited,

others

were

I

some 40

50 Maharajs.the

Therewell as

werethe

two Maharajsnativeprinces,

at

Benares.the

In

a

religious

point

of view,

Hindus,are

as

regard

Maharajs as gooroos.

The Maharajs

Brahmins, and are

looked

up

to

and respected by other Brahmins.

Cross-examined by Mr- Anstey.I don't

" The whole world sayIto the

that the Maharajs are Brahmins.so,

know:

ifis

they are outcasted Brahmins.said the

have not heard

I have not been to Telinga I have

country

it

Maharajs belong

Telinga country.

had no conversation

70with any BrahminsMaharaj'sabout theto visit

Maharajs.

I

usedfive,

to

see

many Brahminsten,

sitting

at

th

whenif

I used

him, sometimesfor

sometimesoften

sometime twenty-five.to

I can't saynever saw a

they

were thereeating

asking

alms,

theyII

comeBania

mea

for

alms.

I

Krahmin"the

with

aable

Maharaj.to

am

a

have dim eyes andVyshnovs,"readrarythe thealso

am

notstory

now"

read.

have

read

Vyshnav. I the story of " the 84

and

of the

252,"

(witness

does notI

say

252 whatin

!)

I have

another

book

called

the

Instruction

Paper."I

have

not readeither

any ofthe

the

lite-

publications

of Judunathjee,

theof

plaintiff.

have read,

84 book orshouldersfor

252

story

book,

the

story

Krishnadass carrying his wife on

his

purpose

of her

fulfilling

Bania.

[Mr.

Anstey.

an adulterous engagement which she had made with anotherconduct of thethe

Is

theto

husbandputBible.

approved;

or

censuredfriend

in

the

bookwell

?

Mr.

Bayley

objects

questionof

beingthe

his

learned

might aa

examine the witness on the contentsfrom theplaint.

Mr.

Anstey read a few sento disprove

tencesin

plaint,

showing that

the question

was necessary

an allegationtheto

the

The

objectionin

was overruled.]storyIis

and the third partymiseforis

the

praised.

The conduct of The good faithstoryof the

the

husband,wife

wife,

of the

her pro-

particularly

praised.

don't

adultery I

with

a

Thackorjee,of aprivy,

know the who re-animatedin

Bheel who killed his wife

the wife and stamped her as a virtuousdeclinedto

woman.with one

amwithor

ignorantin

story

which a Maharaj

commit

adultery

Gunga

a

but afterwardsI

madeto

her pregnant in a dream.stories

Not beingenjoinedlearnsin

acquaintedto religion

the

Shastrns,in

cannot

say

whether or not theseact

are repugnantis

morality

one

sense.

I

ought

accordingof his

to

whatbefore

our

Shastras,Iif

but

I

think

one ought to bethe tenprinciplesit

mindfulof

belly

he[Sir

the

Shastras.

do not

know

theto

Vallabhacharyas.swell

M. Saussewiththe theplaintiff

suggestednegativeto

Mr.

Anstey would thinkof the witness.tlie life

necessary,

theis

depositions

answers

Mr.

Anstey.

This

witnesslead,

called

byhigh

show the morality ofheld,

which theto

Maharajs

and

the

respect

into

which they are

and Ihebeingis

am boundcalledtois

show the contrary.opinionsfor

Thethe

witnesslife

seenw

know

nothing,

and

yet

give

on the virtuous

of his spiritual

preceptors.

Myover

client

poor, as

it

unfortunateplaintiff's

him

that

trial

shouldso.

be

lengthenedobjection

as

many

daysI

the

advisers

could

possibly

do

Thegoes

was overruled.]if

do

not considerso.

myam

gooroo to be an incarnation of the Deity. not

I

cannot say

other

menof

believe

I

a

"

Varkat," or a beggarareof

who

on pilgrimages.

HeI

begs

only

and otherMaharajs.

castes.

Somebeen

when necessary. Varkats them marry, others do not.if

the

Lohana,

Bhattia,

Aas

man

can marry after havingof

turned a Varkat.I

have not heardpresent

the the

Varkats

act

procurers

womenbed

for the of

haveI

whenso.

Maharajputs

hashis

attendedfoot

the

sick

a

dying person.person.gets

havenot

heard that the

Maharaj

on the breast of the dying

I havefive

seen

him doI

Foror

putting his foot in this manner, the Maharajto

fromgetsat

to

twenty-fiveas

rupees

any other amount, accordingfestival

circumstances.

Heheldto

the

moneyI

gooroo.

know thedrama.

called

the

Hasis

festival,

which

is

uncertainfestival.

periods.

Married and unmarried peopleof the I don't

of both sexes go as spectatorscalled

the

am

talking

know what

the "

Ras

mandali."

Tofood,

considered

M. Sausse. " The story to which I alluded is a among my sect. The man had come to the wife's made an engagement with him to go to his place andSir

sacred

story

andgaveIt

is

so

house,fulfilled

sheit.

himI

was,

71presume,

an adulterous engagement.

The

wife's

conduct

is

praised

in

the

story

for

keeping her

engagement with the man,Joseph Arnould.visited

who was a hermit

holy

man.

Toif

Sir

"

Itfor

would not be considered ina similarpurpose.

my

sect in

a goodthestory

thingdid

a

woman

a

Maharaj

The woman

what she thought proper.

Toher

Sir

M.to

Sausse.

"

The husband on hearing

of

the

wife's

engagement, said

to

"

I

considersaid

occurred,

you now as my daughter ;" and the hermit, on hearing what had her, " You having fulfilled your engagement, I regard you as my

daughter."

To

Sirto

Josephtheir

Arnould.faith

"I

The moralthe

of

the

story

is

that

all

the

three

parties

were true

as

regardedbelieve,

engagement.called

To

Sir

M.

Sausse.

"it

from the hermit havingplace.

the

woman

his

daughter,

that

no sexual intercourse took

Mr.

Anstey.

Was?

the Bania

or the

hermit who said

to

the

woman, " I

consider

you as

my

daughter"It

Witness.

Mr.hastold

Scoble.it

" was person Your Lordshipthe

fromfind

whomwhen

shethe

brought foodstoryis

for

the

holythat

man.

will

produced,

this

man

all

wrong

!

Sir

Joseph Arnould.all!

I don't

think

it is

worth following

it

up.

It is

a story without

a

moral after

Toin

Sir

M.;

Sausse.it

" Thebe

holy

man

asked the;

womanwenthermit

for to

food

;

she

had no foodfor;

theto

housetheto

must

provided

somehowsaid

she

aate

Baniatheto

it,

and

it

wasshe

Bania she made thethe

engagement.

The

foodhis

and whendaughter."

went(6.)

Bania,

he

(the

Bania)

he considered her

be

Sewdasscaste,

Mohu/njee,

examined

by

Mr.

Scoble.

I

am

a

memberof

of

thesons.

BhansaleeI

and carry on a general trade at the bunder in the namethis

myin

know

the

plaintiff in

case.caste.

He

and

the

other

Maharajs

are

regarded

the

light

of gooroos

amongst our

Cross-examined by Mr.

Anstey.

"

My

caste

is

divided into four different sections.

Mymyof

caste

numbers tendon'tfollow

or

twenty-five;

thousand

personsled

towards

Cutch.Shaivi-s,

The people&c.,

of

caste

one sectas

some are cathey

Bamanundee,respect him.

but theyif

do not regard the

Maharajin

gooroo,as

simplyI

I don't

knowbooks

othersof

my;

sect

believe

the

Maharaj

a

God.

have never

read

anybead

myhave

I nor heard them read. heard the " Bhagwat" read bysect

don't

know whatdo what

the doctrines oftied

my

sect are.

I

BraSmins.

The Maharajwasright.

the

necklace round

mytions

neck when heI evergot

told

me

I

should

That was the only instruc-

from the Maharaj inI

I don't worship him.hisspittle."

my lifetime. I pay my respects to the Maharaj ; have never drunk the water from his " lungotee," nor swallowed

72(7.)

Gungadhur Nanackrayn, examined by Mr.caste.

Scoble.

I

am

a

membersect.

of the

Mesree Marwareeof

I

belong to

the Maharaj

sect.

There are not many Marwareesthe

my

sect

in

Bombay.

Other

Marvvarrees

belongare

to

Maharaj'sas

There

are

Mahara"s in Shreejeedwar and Joudpore.Cross-examined by Mr.in

TheyI

regarded

gooroos.

Anstey.

"

cannot sayI don'tthe

Bombay, perhapsin

ten,

twenty,I

or

fifty.

how many of my know the number ofas

sect there are

the Maharaj'sI

sectaries

my

native

country.

regard

Maharaj

my

gooroo.

cannot

say

what the consciences of others are."Mr. Bayley.

That

is

the

case

for

the

plaintiff.

DEFENCE.Mr. Anstey submittedto

their

Lordships as

a jury,

not

as

the Court,

that

there

was nototd

case

made

out

by theand even

plaintiff,

and

that,

therefore,

the defendants were entitled

a nonsuit.

Hea

trusted their;

LordshipsiftJietj

would not hold that there was some evidencethat

go before

jury

did,

they would

dismiss

from their minds

the seventhverdictcite

and eighth pleas and thefacts

issuessfirst

raised

upon

them, and

would return

a

upon thecase

as

regarded thevs.

issue.

Toso

support this proposition he wouldthe doctrine laid down in down by Mr. Wingrove Cooketo

the

of Robertson

McDougallsince.it

(4thit

Bingham,)laid

which has been followed everin

Andis

is

his

work onstage

Libel,

viz.,

that

not

for

the

Court

give

any

opinion,

atfor

ana

early

of the

proceedings,issue,article)

upon

the

justification.

Mr.

Anstey

would

ask

nonsuitthis

on the

first

that

of not

guilty,libel,

on threese,

grounds.

First,

he would say

document (theprovedtliat

was not anot

and per

secondly, that the plaintiff has

not

his

inuendoes,

a

single

inuendo,

whereby

the

libel

is

pointed

;

and

thirdly,

the

document,

as appeared

from the evidence of the

plaintiffs

ownto

witnesses,

was published uponshouldthe

justifiable

grounds and upon a justifiable occasion.infinitesimallybenefit

If their Lordshipssmall,

think that

there

was some evidence, howeverhe wouldto

go

before

Court,

then hethat

must sayhe wasplaintiff

take

the

of

these

observations.issue.

Hethe

urged,

however,issue,

entitled

the

Court's

verdict

on

thethe

first

On

second

though theplaint,

produced no proof, or ratherit

proofthe the

producedevidencepreceptorsis

bythat of

himthese

disproved hispersons

Mr. Anstey would say

resultedcalled,

uponnot

called Maharajs,

most improperly

so

are

religion,

and none of them has any rightat the

to sue in that character

There

no evidence

offeredpriests.

Barsect

to

prove,

there

was some apparentlyis

to

disprove,sect

that they are high

The

of the

Vallabhacharyasas

a

contemptible

of

400

years old,first

andfive

not

an ancient ruling were proved byatall.

sect,

the

plaintiff

has averred.for

Mr.;

Anstey said the

issuesissues

plaintiffs

witnesses

defendants

and he did not provethatas

somelibel,

The learnedperse,

counsel's

two objections wereto

theit

libelis,

is

not

a

and

therefore,to

the

Court ought

regard thenot

libel

without any regard

whatever

the inuendoes.plaint;

The

plaintiff has

proved

the

characters

he ascribesand,

to

himself in the

his

witnesses

have proved

that he hasto

them

not,

therefore,

he has no right in any of those assumed charactersthematerialportionsof

sue.to

Before proceeding to read

the

libel,

Mr.

Anstey wished

have the

libel

entered as

read

along withas

theread.

documents

to

which

it

refers

;

otherwise

he

should

object to

its

being entered

Mr.has

Bayley.

Theas

learned

counsel

may

put what construction

he pleases

;

the libel

been

entered

read.

Mr. Anstey.Mr.

Thenobjects

theto

documentstheproposal.

to

which

it

refers

must be taken

as

also

read.

Bayley

Mr. Anstey.

Thenappliedas

I insist upon the libel being read, and I will

make my

objections.

The ProthonotaryMr." inthe

readsto

the

article

containing

the

libel.

Anstey

have read the documents in

which Jadoonathjee says that

some one goes from the gates of the Fort to proceed to Walkeshwur, and some one to Byculla," &c., and also the commentary of Goculnathjee

same wayin

referredis

to to

the

libel.all

The

learnedin

counselthe

applied

on the

ground that the

plaintiff

bound

produce

references

article of

which he complainsofhi.s

His not havingreferringcitedto

produced

them

had deprived

the defendants'

counsel

right

of

and

commenting upon them.vs.

In support of his argument the learned gentlemen

Solomonasecondthe

LaicsoHto

(15th

vol.

Law

Journal)only

in

which the Court held that there was variance, and nofirst.

owingletter

one of thethe count,

letters

being

produced,to

mention

in

which was referredhave been alsobothset

in

the

Lord

made Kenyon

of

held

that

other

letter

ought

to

out.

Sir

M.

Sausse.to

Theyrely

togetlier

made ain

libel,

and,

therefore,

it

was

argued

that

one ought

have been incorporatedI

the

other.case,

Mr.

Anstey.

muchasinthis

more on

the

secondI

Cart>rrigJttforis

vs.

Bri(jh',

in

whichto

it

wascases,

laid

down

a maxim.

What

amto

arguing

this,

that,

accordinglibelis

theseto

references

document oughteverynot

haveit,

been

set

out.

'Jhe

said

be

against

the sect,

against

member

of

and

jigahist

the

plaintiff!

Sir

M. Sausse.

The

libel

does;

say that Jadoonathjee wrote the reference.not

The

words are

" Jadoonathjee says"

it

does

show he wrote anything.I proceedtois

Mr. Anstey.culnathjee's

Veryplaintiff

well,

myfirst

Lord,thing

thento

the the

otherlibel,

reference

toit

Commentary.what

Theit

be

proved

and

then

Gomust

be

shown with whatthatSiris

intentis

was

wrilten.

" Holding improper and heterodox opinions"thefirst

charged with inare

part

of the

article.

Josephthe

Arnould.

Defendantsto

debarredselect

from

askingin

forto

the

referen