Minute by His Excellency the Viceroy [‎23r] (3/10)

( 3 )
the meantime Colonel Phayre had instituted an enquiry and ex
amined the servants at the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. immediately after the attempt to poison
him. No evidence of any value was procured, and the enquiry was for the time
closed; but Sir Lewis Pelly was instructed to take measures to investigate the
case, and for that purpose he obtained the assistance of Mr. Souterandthe Police
Officers of Bombay. Eor some time they could obtain no evidence of importance;
but in the middle of December they discovered that Mulhar Hao had been in the
habit of holding secret communications by night with the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. servants.
They also discovered that one of those servants, Haoji, had been spending large
sums of money: they arrested him on suspicion, and he confessed that he
had committed the offence, and alleged that he had done so at the personal
instigation of Mulhar Rao. At the same time another Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. servant,
JSFarsu, who had been arrested in consequence of the statements of Raoji, made
a similar confession. Raoji made this confession on receiving the promise of a
pardon; but Narsu was distinctly told by Sir Lewis Pelly that he must not
expect a pardon. Sir Lewis Pelly was instructed to communicate the evidence
to the Advocate-General of Bombay, who advised that, if it stood the test of
cross-examination, it would be sufficient to convict Mulhar Rao of the offence
in a Court of Law. Mr. Souter was immediately despatched to Calcutta with
the evidence and the opinion of the Advocate-General of Bombay. When these
documents were received in Calcutta, they were referred for the opinion of the
Acting Advocate-General and the Standing Counsel to Government at Calcutta,
who advised that the evidence was sufficient to commit Mulhar Rao for trial, but
stated some doubts with regard to portions of the evidence, and alluded to
the possibility of there being a conspiracy against Mulhar Rao.
9. The case was then considered with the greatest attention by the
Government of India. Mr. Souter was most carefully questioned with
respect to the nature of the police investigation, and he explained that
every precaution had been taken to prevent evidence being concocted by
the subordinate police officials. The probability of there being a conspiracy
against Mulhar Rao was discussed, but no reasonable ground could be found
for such a supposition. The Government of India considered, therefore, that
there was strong 'prima facie reason to believe that the attempt to poison
Colonel Phayre had been instigated by Mulhar Rao.
10. The question then arose, how this condition of things was to be dealt
with. It was impossible to pass over an attempt on the life of a British Re
sident at the Court of a Native Prince. The sanctity attached to the lives of
Ambassadors extended, in the opinion of the Government of India, if possible
in a greater degree to British Residents at the Courts of Native States;
no crime, therefore, could be more serious than an attempt upon the life
of a British Resident instigated by the Ruler of a Native State. The evidence
as it then stood would not have justified the Government of India in at once
condemning Mulhar Rao, because he had had no opportunity of making his
defence, and the witnesses had not been subjected to cross-examination.
Some enquiry, therefore, was essential.
b