Publications, Newspaper Cuttings, Photographs and Correspondence about Persia and the Persian Gulf [‎308v] (619/879)

FEBRUARY 26, 1910.1
THE TIMES OF INDIA MAIL EDITION.
13
DIARY OF A TRAVELLER.
Persian Politics.
TEHERAN, December 1909.
Mr. David Fraser’s contributions to our columns are
well known to our readers : they need no introduc
tion. The following is the first of a new series in
which the present situation in Persia is depicted, and
the series will be found to be written with the skill,
knowledge andi gracefulness which have characterized
Mr. David Fraser's previous articles on travel in the
East.
There are more politics to the square yard in
Teheran than anywhere else in the whole world.
It is a new fashion with the Persian and he
takes to it like a duck to water. It is no in
considerable fraction of the battle that so goodly
a proportion of the inhabitants are capable of
entertaining an interest in things that do not
primarily concern them. It seems proof that
patriotism of a kind, at least, is implanted in
the Persian breast. If representative govern
ment were all the ignorant Oriental paints it,
one might believe there was hope that in the
comparatively near future the political retro
gression from which this country has been
suffering for many long years would cease, and
give place to the promise of better things for.
the future. Unfortunately for Persia the Per
sians do not grasp the fact that it is the char
acter of European peoples, and not their insti
tutions, which has saved them from deteriora-
tion. Out of the character of our people has
grown the British Constitution that we know,
and other foreign nations in varying degrees
have adopted pur system of government, not
because they have realized its superiority and
copied it, but because the development of their
national characteristic has followed the same
lines as our own and forced upon them what
has been forced upon us. Environment in the
west has developed individualism, which in its
turn has demanded political recognition.
Importance of Character.
The consequence has been the gradual impor
tation into our system of government of repre
sentative institutions which give scope to the
mental activity of the individual. In Persia,
however, environment has been, and remains for
the present, inimical to the growth of indivi
dualism. In other words the frame of mind,
the national characteristics in fact, of the Per
sian do not seem to constitute the soil suitable
to the development of representative institu
tions. Parliamentary government may be
established, may even do its work in Persia,
but until there is some remarkable modification
in the character and temperament of the Persian
it is very much to be doubted whether it will
ever be seen at its best, or do for Persia what it
appears to have done for certain of the coun
tries of Europe. It is a truism that reform
must come from within. There is a demand
for reform in Persia, but is that demand to be
satisfied by the adoption of a particular system,
successful elsewhere because congenial to the
character of the people who invented it? One
would have more faith in Persian aspirations if
the Persian had evolved a method of his own
more in consonance with the disposition of his
fellow-countrymen. Icy-cold water may be
good for a Polar bear, but it kills the Indian
tiger. For Persia to copy Western institutions
and think to regain thereby her lost position
seems over sanguine. The Persian will tell
you how Japan adopted western institutions and
forthwith was able to hunt the Russians out of
her preserves. But Japanese achievements are
no more due to her foreign importations than to
the man in the moon. It is Japanese char
acter, the growth of centuries, that enabled
Japan to face the problem of reorganization, to
conquer it, and to emerge equipped with the
weapons of the West, but armed in reality with
the capacity for self-abnegation, the sense of
discipline, the devotion for ideals that have be
longed to her people for ages. Were the
Persian to acquire characteristics similar to
those of the Japanese, all things would be
possible for him. While he remains Persian
most things will be difficult for him, if what
one Persian says about another is true.
Official Plunderers.
It is one of the most instructive features of
the existing situation that even with their
hearts full of desire to sweep away abuses, to
abolish tyranny, to establish decent government,
there are few Persians who trust their neigh
bour. Each seems to possess the conviction
with regard to his fellow reformer that the
grinding of an axe is always in view and that
he would readily lapse into the methods of re
action if not carefully watched. Such is the
opinion which many Persians will frankly ex
press to the European with whom they are inti
mate. To the foreigner it seems an overwhelm
ing evidence of weakness, but the Persian him
self, again, frankly declares that what is re
quired is a system by which corruptibility shall
be rendered nearly impossible, the creation of
a public opinion which shall act as an incentive
to public rectitude. Wherein seems very good
1 sense, particularly when one reflects that a good
deal of our own comparative immunity from
public dishonesty is due to the certainty of de
tection, and the total loss of worldly position in
case of deviation from the paths of righteous
ness. Hitherto public office in Persia has
merely been a mine of wealth to the unscru
pulous, who incurred no public odium by
acquiring riches at the expense of the com
munity. It will be hard for the Persian to rid
himself of the instinct that place and power are
merely divine opportunities for the acquisition
of plunder. Banded together, those in power
will be hard to defeat by those out of power,
thirsting, themselves, for the loaves and fishes
of office. But the European parliamentary
system seems to the Persian the very remedy
against the danger of individuals acquiring the
upper hand, to the exclusion of other indivi
duals. There will be opportunity of attack, of
defeat, of readjustment of the administrative
machine, a chance in fact for all, where hitherto
the opportunity has belonged to the favoured
few. Whether Persia will fare better in the
hands of the many, than in those of a single
sensible ruffian who from self-interest keeps a
sharp look-out upon the condition of his pro-
perty, remains to be seen.
Persian Patriots and their Aim.
The spirit of altruism and self-sacrifice that
is to bound up with the progress of a western
state seems lacking as yet in Persia. Until
the Persian loves his neighbour as himself his
profit in democratic institutions must be small.
A decent system of Government will undeniably
do something towards saving the
country from the engulfment which has
long threatened her from north and south,
but one finds but few indications of the contrite
hearts and humble spirits that must precede
national regeneration. That, however, is a big
word to connect with the present state of transi
tion in which Persia finds herself. The aim of
her patriots is, for the moment, no more than
to evolve order out of chaos, to avoid such a
situation as will entail upon England and
Russia the necessity of assuming jointly, or
separately in their respective spheres, the ad
ministration of the country. This condition of
affairs, however, is highly imminent as the fol
lowing sketch of the state of the provinces amply
suggests.
Russian Occupation.
In the north Azerbaijan is occupied at two
points by Russian troops. The circumstances
in which a Russian expedition entered Tabriz
will be well within the recollection of the reader.
That expedition saved Tabriz from pillage and
massacre, for it is admitted by the defenders
that the Shah’s troops were on the point of
taking the town. Had they succeeded the con
stitutional cause would have been in a poor way
to-day. The Russian troops, which saved the
situation for the Nationalists (though their
primary object in entering was to protect the
lives and property of foreigners) are still in
occupation of the town, and in the present
defenceless condition of the province, no sen
sible person would suggest that they should be
withdrawn. The tribal inhabitants of Azer
baijan are about as wild and lawless a lot as
could be found anywhere, and in the absence of
any material Government force in the local
capital it is quite obvious that they are in a
position to render the trade routes impossible,
if not actually to threaten the town itself. The
Governor has begged for troops and money from
Teheran. He has received little of either, with
the consequence that he possesses no real con
trol. The Russian troops indeed constitute the
only security for the maintenance of order.
Curiously enough, too, the notorious Sattar
Khan, the Persian Garibaldi, the gallant defen
der of the city during the seige, and his band
of patriots are a great thorn in the side of the
Governor, who finds that their exactions and
general lawlessness add materially to the many
difficulties he encounters. Sattar Khan had
nothing in the world when he came to the front,
during the seige, as a national hero. Never
theless to-day he is a rich man, and his house
in Iabriz is said to contain eleven pianos though
on this point there is no trustworthy informa
tion. The truth being that the seige was a fine
opportunity for him to fill his own pockets. I am
not sure that he is greatly blamed for that in
Persia, but a public idol who did this sort of
thing west of the Bosphorus would speedily find
himself in limbo.
Quiet in the North.
The reason for the presence of another
Russian force in the same province illustrates
very forcibly the condition of Azerbaijan. Rahim
Khan, the Kurdish chief who had hoped to enter
Tabriz (and to pillage it) in the ex-Shah’s in
terest, combined with the Shahsevans to hoist
once more the flag of Mohamed Ali Shah of
Odessa. Rahim Khan, however, was only out
for some loot to replace what he was disappoint
ed of at Tabriz; the Shahsevans were also after
loot, as has been their immemorial custom. The
confederates harried the neighbourhood of the
town of Ardebil, and finally marched in, to the
terror of the inhabitants, of whom as many as
could had taken refuge in the Russian Con
sulate. Sattar Khan, sent by the Governor to
protect the place, very wisely did a bolt at the
crucial moment, and returned to Tabriz, where
he was received with acclamation, though at the
moment the Governor was seriously considering
the expediency of arresting and deporting him.
A great portion of Ardebil was pillaged, many
people were murdered, and Russian subjects
suffered greatly in property. The Shahsevans
demanded the local Nationalists, that they
might hang them in the name of Mahomed Ali,
and threatened to destroy the Russian Consulate
if they were not given up. The situation so
arrived at very naturally brought another
Russian expedition on the scene. Its advent
acted like oil on a troubled sea, and the Shah-
sevans were transformed into lambs. Unfor-
tunaely the Russian Government had decided
not to take active measures against the Shah
sevans, partly because in the meantime the
Persian Government had organized a consider
able expedition to deal with the situation. Only
an insignificant portion of this force, however,
ever reached the neighbourhood of Ardebil, a
variety of causes, of which lack of money was
the principal, contributing to cause its disap
pearance into thin air. In reality, therefore, it
was the Russian force which settled the Ardebil
business, and it is the presence of the Russians
alone to-day that prevents a recrudescence of
the Shahsevan trouble. I have not mentioned
the force at Kazvin, as orders are understood
to have been given for its withdrawal. But
at Astrabad a small body of Russian troops are
all that prevent the Turcomans entering the
town. Strong consular guards at Urumiah and
Meshed complete the tale of Russian military
force in the north of Persia, throughout which
reigns almost absolute quiet.
Brigandage in the South.
A very different story has to be told in regard
to southern Persia. Tribesmen have been raid
ing up to within ten miles of the city of Isfahan,
and go unpunished by the Governor, who is no
less than the Ilkhani The paramount chief of certain tribes in south west Iran. of the Bakhtiari. Fur
ther south at two points the main trade route
to Shiraz is occupied by bands of brigands
whom the Government is powerless to displace.
South of Shiraz the whole of the road to Bushire
is impassible for the same reason. Yezd is
quiet for the moment though the Arab tribes
of the neighbourhood are liable at any moment
to take to the road. Baluchistan boasts a
brigand chief who completely disregards the
Government and does what he will in the south-
east, and even threatens the town of Kerman.
The Governors of Kerman, Yezd, Shiraz and
Isfahan are all dissatisfied with their position,
for they are expected to keep order in their pro
vinces without men or money, and of course
find the task impossible. Inland trade in the
south is at a standstill in consequence and seems
likely to remain in that condition for a consi
derable time, whatever measures may be taken.
The principal sufferer, excepting Persia itself,
from this state of anarchy, needless to say is
Great Britain, whose commerce cannot move out
of or into the Gulf ports. We put up with it;
but for how long? The tranquillity in the
north is due to the presence of Russian troops,
the anarchy in the south might be said to be
due to the absence of Indian troops. Long-
suffering we have been, and continue to be, but
one thing seems quite clear, that if the Persian
Government does not very soon take steps to
restore order, we shall have to follow the ex
ample of the Russians in the north, and take out
own measures for the protection of our interests
in the south. Before this contingency arises,
however, Persia is to be given a last chance, by
being afforded the financial assistance to enable
her to undertake herself the restoration of
order. That financial assistance, however, in
volves various difficulties, discussion of which
I must reserve for my next letter.
DAVID FRASER.
ALLEGED RASH DRIVING.
At the Esplanade Police Court, Bombay, on
Wednesday, before Mr. A. II. S. Aston, Chief
Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. Magistrate, Narayan Shivram, a
motor car driver in the employ of Sir Bhal-
chandra Krishna, was charged by Inspector
Spiers with rash and negligent driving. Mr.
Bapuji J. Dhondy, pleader defended the accused
The evidence showed that on the afternoon of the
1st instant Mr. C. M. Cursetji and his two
daughters were being driven in a brougham
along Queen's Road, and on arriving near the
corner of the Hospital Lane the gharry turned
into the lane, just then the accused, who drove
up his, motor car from the opposite direction
on the wrong side of the lane, was seen cutting
the corner. The coachman at once pulled up and
turned his gharry round to the right to avoid
an accident; but the front of the car struck the
left fore-wheel of the carriage. The car was being
driven at an ordinary speed, but the horn was
not sounded. The accused denied the charge and
said he was on the proper side of the road. The
collision occurred owing to the gharry coming
forward. The Magistrate convicted the accused
and fined him Rs. 15.
CULPABLE HOMICIDE.
At the Bombay High Court, the Hon. Justice
Sir Narayenrao G. Chandavarkar and the Hon.
Mr. Justice Knight have dismissed the appeals of
the three sons of Chanaia named Dundaia, Shi-
vaia, and Mudkaia and the appeal of one Pavdaia
Alaia, who were convicted of committing culpa
ble homicide of Pavadia Rivaia at Mutual on 6th
June by beating him with sticks and axes, and
were sentenced respectively to four two, two, and
seven years’ rigorous imprisonment by Mr. E.
Clements, Sessions Judge of Belgaum. The de
ceased was Pavdaia Alaia’s uncle. Before their
Lordships Mr. Nilkanth Atmaram appeared for
the defence of the three brothers. For the re
maining appellant Pavdaia, nephew of the de
ceased, appeared Mr. R. Branson, with Mr. S. V.
Bhandarkar. For the Crown appeared Mr. M.
B. Chaubal, the Government Pleader.
In confirming the sentences their Lordships held
that as pointed out by Mr. Branson, there were
misdirections in the Judge’s charge to the jury;
but on a careful consideration of the clear evi
dence they were of opinion that these misdirec
tions had not caused a failure of justice, nor did
they think that the unanimous verdict of the
jury was open to objection on that ground.
The appeals were dismissed.
THE BALAJI TEMPLE SUIT.
At the Bombay High Court, on Thursday,
the Hon. Mr. Justice Macleod delivered judg
ment in the suit of the Acharias or head-
priests of the Shri Balaji Temple at Kandawadi,
Bombay—Gopal Sudarshan vs. Ramanuja
Nathmuni,—each of whom laid claim to the
office of head-priest, as well as to the temple-
property. The plaintiff based his claim as
the son of the late Mahant Sudarshan, whose
wife Laxamma had adopted him, when he was
a minor of ten years, under the directions of
her husband, on 15th November 1897. In
March 1905 he attained majority, and asked for
accounts from the defendant, who had been put
in charge by Laxamma as her near relative
prior to her departure to her native place,
Chikabalapura in Mysore. The defend
ant refused to render accounts, on
the ground that on 19th November 1897 the
Indiana community of Bombay had elected him
to the office. ine suit, he added was barred
by limitation.
Mr. Jehangir D. Davar with Mr. Bhulabhai
J. Desai instructed by Messrs. Ardeshir
Hormasri Dinshah and Company appeared for
the plaintiff. Mr. E. B. Raikes with Mr.
Dhurandhar instructed by Messrs. Nanu
Hormasji and Company appeared for the
defendant.
His Lordship held that the suit was barred
by limitation. The burden lay on the plaintiff
to prove that his disability on account of his
minority continued up to within three years of
the date of the suit being filed. He did not
elect to give evidence on his own behalf.One of
his witnesses Bhaskaracharia, who was examined
on commission, gave evidence to satisfy the
onus. There was no reason why that witness
could not have come down to Bombay.
The suit was dismissed with costs throughout.
THE MISSIONS TO SEAMEN.
An interesting ceremony was performed on
Sunday morning, at the Seamen’s Institute,
attached to St. Nicholas’s Church, Prince’s
Dock, by the Bishop of Bombay, the affiliation of
the local branch with the Missions to Seamen
being marked by the hoisting of the Society’s
flag for the first time in this port. His Lord
ship, who was attended by Rev. A. S. Sawtell,
as Chaplain, was received in the Institute by the
Harbour Chaplain, Rev. A. E. Bernays, B.A.,
who opened the proceedings by offering prayer.
The procession of Bishop and Clergy, with the
members of the committee and sailors present,
then proceeded to the base of the flagstaff,
whereon his Lordship hoisted the flag. This is
well known throughout the world, for the familiar
blue square, bearing a flying angel with the
gospel, now flies in ninety-five of the principal
ports of the world. The party stood round the
flagstaff and the hymn, “Hold the Fort” was
sung after which the Bishop delivered an address.
His Lordship remarked that that morning’s ser
vice linked up an important work in important
seaports round the world, and in a few sympa
thetic words spoke of the work the Society was
doing among seamen of all nationalities. At
the conclusion of the address the hymn, “All
People that on Earth do Dwell,” was sung, and
the Benediction pronounced.
His Lordship celebrated at the Eucharist which
followed, and delivered an appropriate address
on the “One Bread.”
FIRE IN BOMBAY.
About four o’clock on Thursday morning a fire
broke out in a two-storeyed house, situated at
Null Bazaar, Bombay, belonging to a Hindu
woman, named Harkorbai, and resulted in the
destruction of the house with its contents. The
ground floor of the building was used as grocers’
shops, while the two upper floors were occupied
bv Hindus as residential quarters. The flames
were first noticed by a policeman posted at the
Null Bazaar Police Chowkey. He gave an alarm
and the Municipal fire brigade stations were im
mediately communicated with. About fifty per
sons were sleeping in the house, but all got out
safely before the only staircase was in flames.
The fire engines from Babula Tank, Fort, and
Gowalia Tank, and the Byculla motor engine
arrived on the scene and prevented the fire from
spreading to the adjacent houses. The fire were
put out within one hour. Its cause has not been
ascertained, but it is believed to be due to the
careless use of fire in one of the shops on the
ground floor. The damage done to the house is
estimated at Rs. 8,000, which is covered by in
surance with the New Zealand Insurance Com
pany. The shop-keepers estimate their loss at
Rs. 5,000.
RIGHT-OF-WAY SUIT.
At the Bombay High Court the Hon. Mr.
Justice Beaman has delivered judgment in the
suit of Thomas Peter Lopez and another vs.
Sakaram Visram Kir. This was a suit by the
plaintiffs to establish an easement in the nature
of a cart-way over the defendant’s land. The
easement, as stated in the plaint, would appear
to centre upon the plaintiffs’ right to bring
manure carts by this cart-way over the defen
dant’s to his own land. But the additional words
showed that he intended his claim to be under
stood in a much wider and more general sense so
as to include carts of all descriptions which
would in the ordinary course of social and agri
cultural life have needed access to his oart. His
Lordship held that this was a case in which the
plaintiffs had satisfactorily proved what the law
required of them to prove and were entitled
to the relief they had sought, with this modifica
tion that it certainly was not to extend to the
passage of municipal carts or of any other carts
than those which were mentioned in the evidence
as having been in the habit of passing over this
Fright of way.
dualism. In other words the frame of mind,
the national characteristics in fact, of the Per
sian do not seem to constitute the soil suitable
to the development of representative institu
tions. Parliamentary government may be
established, may even do its work in Persia,
but until there is some remarkable modification
in the character and temperament of the Persian
it is very much to be doubted whether it will
ever be seen at its best, or do for Persia what it
appears to have done for certain of the coun
tries of Europe. It is a truism that reform
must come from within. There is a demand
for reform in Persia, but is that demand to be
satisfied by the adoption of a particular system,
successful elsewhere because congenial to the
character of the people who invented it? One
would have more faith in Persian aspirations if
the Persian had evolved a method of his own
more in consonance with the disposition of his
fellow-countrymen. Icy-cold water may be
good for a Polar bear, but it kills the Indian
tiger. For Persia to copy Western institutions
and think to regain thereby her lost position
seems over sanguine. The Persian will tell
you how Japan adopted western institutions and
forthwith was able to hunt the Russians out of
her preserves. But Japanese achievements are
no more due to her foreign importations than to
the man in the moon. It is Japanese char
acter, the growth of centuries, that enabled
Japan to face the problem of reorganization, to
conquer it, and to emerge equipped with the
weapons of the West, but armed in reality with
the capacity for self-abnegation, the sense of
discipline, the devotion for ideals that have be
longed to her people for ages. Were the
Persian to acquire characteristics similar to
those of the Japanese, all things would be
possible for him. While he remains Persian
most things will be difficult for him, if what
one Persian says about another is true.
Official Plunderers.
It is one of the most instructive features of
the existing situation that even with their
hearts full of desire to sweep away abuses, to
abolish tyranny, to establish decent government,
there are few Persians who trust their neigh
bour. Each seems to possess the conviction
with regard to his fellow reformer that the
grinding of an axe is always in view and that
he would readily lapse into the methods of re
action if not carefully watched. Such is the
opinion which many Persians will frankly ex
press to the European with whom they are inti
mate. To the foreigner it seems an overwhelm
ing evidence of weakness, but the Persian him
self, again, frankly declares that what is re
quired is a system by which corruptibility shall
be rendered nearly impossible, the creation of
a public opinion which shall act as an incentive
to public rectitude. Wherein seems very good
stitutional cause would have been in a poor way
to-day. The Russian troops, which saved the
situation for the Nationalists (though their
primary object in entering was to protect the
lives and property of foreigners) are still in
occupation of the town, and in the present
defenceless condition of the province, no sen
sible person would suggest that they should be
withdrawn. The tribal inhabitants of Azer
baijan are about as wild and lawless a lot as
could be found anywhere, and in the absence of
any material Government force in the local
capital it is quite obvious that they are in a
position to render the trade routes impossible,
if not actually to threaten the town itself. The
Governor has begged for troops and money from
Teheran. He has received little of either, with
the consequence that he possesses no real con
trol. The Russian troops indeed constitute the
only security for the maintenance of order.
Curiously enough, too, the notorious Sattar
Khan, the Persian Garibaldi, the gallant defen
der of the city during the seige, and his band
of patriots are a great thorn in the side of the
Governor, who finds that their exactions and
general lawlessness add materially to the many
difficulties he encounters. Sattar Khan had
nothing in the world when he came to the front,
during the seige, as a national hero. Never
theless to-day he is a rich man, and his house
in Tabriz is said to contain eleven pianos though
on this point there is no trustworthy informa-
tion. The truth being that the seige was a fine
opportunity for him to fill his own pockets. I am
not sure that he is greatly blamed for that in
Persia, but a public idol who did this sort of
thing west of the Bosphorus would speedily find
himself in limbo.
Quiet in the North.
The reason for the presence of another
Russian force in the same province illustrates
very forcibly the condition of Azerbaijan. Rahim
Khan, the Kurdish chief who had hoped to enter
Tabriz (and to pillage it) in the ex-Shah’s in
terest, combined with the Shahsevans to hoist
once more the flag of Mohamed Ali Shah of
Odessa. Rahim Khan, however, was only out
for some loot to replace what he was disappoint
ed of at Tabriz; the Shahsevans were also after
loot, as has been their immemorial custom. The
confederates harried the neighbourhood of the
town of Ardebil, and finally marched in, to the
terror of the inhabitants, of whom as many as
could had taken refuge in the Russian Con
sulate. Sattar Khan, sent by the Governor to
protect the place, very wisely did a bolt at the
crucial moment, and returned to Tabriz, where
he was received with acclamation, though at the
moment the Governor was seriously considering
the expediency of arresting and deporting him.
A great portion of Ardebil was pillaged, many
people were murdered, and Russian subjects
suffered greatly in property. The Shahsevans
demanded the local Nationalists, that they
might hang them in the name of Mahomed Ali,
and threatened to destroy the Russian Consulate
if they were not given up. The situation so
arrived at very naturally brought another
Russian expedition on the scene. Its advent
being afforded the financial assistance to enable
her to undertake herself the restoration of
order. That financial assistance, however, in
volves various difficulties, discussion of which
I must reserve for my next letter.
DAVID FRASER.
ALLEGED RASH DRIVING.
At the Esplanade Police Court, Bombay, on
Wednesday, before Mr. A. H. S. Aston, Chief
Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. Magistrate, Narayan Shivram, a
motor car driver in the employ of Sir Bhal-
chandra Krishna, was charged by Inspector
Spiers with rash and negligent driving. Mr.
Bapuji J. Dhondy, pleader defended the accused
The evidence showed that on the afternoon of the
1st instant Mr. C. M. Cursetji and his two
daughters were being driven in a brougham
along Queen’s Road, and on arriving near the
corner of the Hospital Lane the gharry turned
into the lane, just then the accused, who drove
up his, motor car from the opposite direction
on the wrong side of the lane, was seen cutting
the corner. The coachman at once pulled up and
turned his gharry round to the right to avoid
an accident; but the front of the car struck the
left fore-wheel of the carriage. The car was being
driven at an ordinary speed, but the horn was
not sounded. The accused denied the charge and
said he was on the proper side of the road. The
collision occurred owing to the gharry coming
forward. The Magistrate convicted the accused
and fined him Rs. 15.
CULPABLE HOMICIDE.
At the Bombay High Court, the Hon. Justice
Sir Narayenrao G. Chandavarkar and the Hon.
Mr. Justice Knight have dismissed the appeals of
the three sons of Chanaia named Dundaia, Shi-
vaia, and Mudkaia and the appeal of one Pavdaia
Alaia, who were convicted of committing culpa
ble homicide of Pavadia Rivaia at Mutnal on 6th
June by beating him with sticks and axes, and
were sentenced respectively to four two, two, and
seven years’ rigorous imprisonment by Mr. E.
Clements, Sessions Judge of Belgaum. The de
ceased was Pavdaia Alaia’s uncle. Before their
Lordships Mr. Nilkanth Atmaram appeared for
the defence of the three brothers. For the re
maining appellant Pavdaia, nephew of the de
ceased, appeared Mr. R. Branson, with Mr. S. V.
Bhandarkar. For the Crown appeared Mr. M.
B. Chaubal, the Government Pleader.
In confirming the sentences their Lordships held
that as pointed out by Mr. Branson, there were
misdirections in the Judge’s charge to the jury;
but on a careful consideration of the clear evi
dence they were of opinion that these misdirec
tions had not caused a failure of justice, nor did
they think that the unanimous verdict of the
jury was open to objection on that ground.
The appeals were dismissed.
sung after which the Bishop delivered an address.
His Lordship remarked that that morning’s ser
vice linked up an important work in important
seaports round the world, and in a few sympa
thetic words spoke of the work the Society was
doing among seamen of all nationalities. At
the conclusion of the address the hymn, “All
People that on Earth do Dwell,” was sung, and
the Benediction pronounced.
His Lordship celebrated at the Eucharist which
followed, and delivered an appropriate address
on the “One Bread.”
FIRE IN BOMBAY.
About four o’clock on Thursday morning a fire
broke out in a two-storeyed house, situated at
Null Bazaar, Bombay, belonging to a Hindu
woman, named Harkorbai, and resulted in the
destruction of the house with its contents. The
ground floor of the building was used as grocers’
shops, while the two upper floors were occupied
by Hindus as residential quarters. The flames
were first noticed by a policeman posted at the
Null Bazaar Police Chowkey. He gave an alarm
and the Municipal fire brigade stations were im
mediately communicated with. About fifty per
sons were sleeping in the house, but all got out
safely before the only staircase was in flames.
The fire engines from Babula Tank, Fort, and
Gowalia Tank, and the Byculla motor engine
arrived on the scene and prevented the fire from
spreading to the adjacent houses. The fire were
put out within one hour. Its cause has not been
ascertained, but it is believed to be due to the
careless use of fire in one of the shops on the
ground floor. The damage done to the house is
estimated at Rs. 8,000, which is covered by in
surance with the New Zealand Insurance Com-
pany. The shop-keepers estimate their loss at
Rs. 5,000.
RIGHT-OF-WAY SUIT.
At the Bombay High Court the Hon. Mr.
Justice Beaman has delivered judgment in the
suit of Thomas Peter Lopez and another vs.
Sakaram Visram Kir. This was a suit by the
plaintiffs to establish an easement in the nature
of a cart-way over the defendant’s land. The
easement, as stated in the plaint, would appear
to centre upon the plaintiffs’ right to bring
manure carts by this cart-way over the defen
dant’s to his own land. But the additional words
showed that he intended his claim to be under
stood in a much wider and more general sense so
as to include carts of all descriptions which
would in the ordinary course of social and agri
cultural life have needed access to his oart. His
Lordship held that this was a case in which the
plaintiffs had satisfactorily proved what the law
required of them to prove and were entitled
to the relief they had sought, with this modifica
tion that it certainly was not to extend to the
passage of municipal carts or of any other carts
than those which were mentioned in the evidence
as having been in the habit of passing over this
Fright of way.