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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