■ t^-^ J§. NARRATIVE O F A TRANSACTION WHICH PASSED IN B E N G A L in 1782-3, BETWEEN JAMES FRASER, ES^ A N D T H E Executors of the late Lieutenant. Colonel HAN NAT. B Y ROBERT STEWART, ESQ^ CAPTAIN IN THE MILITARY SERVICE OF THE EAST- INDIA COMPANY. ¥iat jfujlitia^ mat Qslum. I 7S7. N.B. This Narrative was publiflied inLondon, in the month of April laft. Only a few copies were fent to Scotland, for the pe- rufal of Mr Stewart's friends. Within thefe ten days, an Anfwer to that Narrative has been difperfed in this City. To that Anfwer a Reply will foon be made and publifhed. In the mean time, Mr Stewart has publiflied a fecond edition of his Narrative, that it may be as generally in the hands of the Public as the Anfwer. • £i>iM«uRG»j 2i Aiiguji 1787, ^ 8 ^ T >• SIR, London, Manchejler Square, ^tf> April 1787. "When I left town laftfummcr, I had determined never more to trouble myfcif with regard to your conduft towards the Executors of the late Colonel Hannsy. But as, upon the prefent occafion of your canvafling for a place in the direftion of that Com- pany, which I had the honour to ferve, I undedland, that you and your friends, to palliate and throw a veil over your condul;c, who will decide wjie- ther your charadler fuffers by falfehood or by truth. 3> CJ o I IW p R O B E R T S T E W A RT. James Eraser, Efq; 35739a To tlie PROPRIETORS of EAST-INDIA STOCK, LADIES and GENTLEMEN, A S I have now, in vindication of myfelf, publiflied the Narrative of Mr Frafer's •^ ■^ conduct, and have appealed from the Award, on which alone he feems to reft his charailer, to the impartial tribunal of the Public ; I leave to their decifion, whether I have fpoken the language of calumny or of truth. Mr Frafer has alledged, that I brought forward thefe charges againft him with a view to injure him at the approaching eledlion of Eaft India Direftors. It is evident, that as I am neither myfelf, nor any of my particular friends, candidates for the India Direction, I can have no private intereft to ferve in fo doing : Yet I am free to coq- fefs, that I fhould fee, with great regret, a man of Mr Frafer's charaEler* in the Direc- tion of a Company which I have the honour to ferve, and in the profperity of which I Ihall ever feel myfelf particularly interefted. As to the abuCve language in his letter, it is what I might cxpeft, and what I treat with the contempt it deferves. One thing, however, it is neceflary to take notice of; he reproaches me with cowardice, becaufe I declined meeting him as a gentleman. Thofe who know me will acquit me of being under the influence of any fuch motive ; and I challenge Mr Frafer, in the courfe of a long acquaintance, to produce a fingle inftance in fupport of his charge. It is well known, that an appeal to the laws of ho- nour, can only be admitted among honourable men. The man who commits, or at- tempts to commit a crime againft fociety, which the laws of every fociety punilh, pro- ftitutes his honour with his integrity, and renounces for ever the claims of a gentle- man. To meet him, therefore, in the field, would be to contradict by my actions, the charges which I have brought againft him, and give the world room to fufpe£t, that I wanted to perfuade others of the truth of what I did not believe myfelf. There is, however, another appeal which Mr Frafer may yet make : I mean to the laws of his country ; where, if I have mifreprefented his conduct, he will certain- ly obtain redrefs. As to his threats of infult, I am perfuaded he knows me too well, ferioufly to en- tertain any fuch idea. I fliall neither feek him, nor avoid him ; but if his prefent fi- tuation Ihould drive him to take any fuch defperate ftep, he may try it once ; it will be my fault, if he attempts it a fecond time. I am, &c. Londsn, Ajril 10. i-jSj. ROBERT STEWART. • Nam gloriam, honorem, imperhim, bonus ignavus aqtte fibi exoptant. Sed ille vera via. nititiir; huic quia bona artes defunt^ dolis, atquc fallaciis contcndit, SitLUST. Belli Catiljn. IT is, perhaps, expedient for every man who addrefTes, or who- expe<5ls to attradl the notice of the Public, to fliew, either that the fubjedl upon which he addrefTes them is interefting in itfelf, or that, by lome confequence, the PubHc is interefted in it. 1 feel fenfibly, therefore, the delicacy of my fituation, while I am about to Jhliclt at leaft the favour of that notice and at- tention, to tranfadions, certainly neither in their own nature interefting, or in which the Public can be properly confidered to have any very deep concern. But I know that there is in men a natural principle of juftice, to which we may fafely appeal where-ever fraud and artifice are triumphant. The tribunal of the Public, therefore, is peculiarly open to the vindication of men's charaders, whenever they are publicly traduced ; and, though it is neither to be amufed nor inftrudled, neither to be alarmed up- on the fubjed of any great impending evil, nor congratulated upon any important good ; it is yet always the great and willing arbiter of right and wrong between man and man, and with whom nothing is infignificant, and none inconliderable, when fraud and falfehood are to be deteded, or the charader of an ho- neft individual is to be fet right. Under thefe perfuafions, and purfuant to an engagement i brought myfelf under, in a letter addrefled by me to James Fra- fer, Efq; oi yefterday's date, I proceed to give an account of certain tranfadions which rook place at Bengal, about the end A of ( ^ ) of the year 1782, between Mr Frafer and the executors of the late Col. Alexander Hannay. To a confiderable part of this bu- finefs I was myfelf a witnefs ; but, in relating it, I fliall alledge no fa(51: for which I do not refer, either to Gentlemen of the moft unimpeachable credit, now upon the fpot, who were themfelves concerned, or to authenticated copies of original documents. In the courfe of this narrative, I think it will appear, beyond the poffibility of doubt, that Mr Frafer was guilty of the grofleft falfehood, which he offered to confirm by his oath, in fupport of a foul and deliberate attempt to defraud, of a confiderable fum of money, the brothers and relations of his deceafed friend, whofe confidence he had poffeffed, and with the management of whofe affairs he had been entrufted. But before I enter into the particulars of thefe tranfa<5lions. It may be proper to flate how.it became neceffary for me to lay them before the Public. Soon after the inflitution of the Bengal Society here, of which I was an original member, Mr Frafer was propofed for admiflion. I confidered it as my duty to take the Gentleman who propofed him, afide, and having difclofed to him thofe circumflances of Mr Frafer's condudl which I am here about to relate, I fatisfied him how improper a man he was to be admitted into any fociety ; and from this reprefentation he relinquiflied his intention. Soon after this, I received a letter from Mr Frafer, arraigning me for my illiberal attack, as he called it, upon his charader. This letter produced fome interchange between us upon the fubjedl, that terminated in a reference to arbitrators, who, by their award, dated 30th of March 1785, (vide Appendix, E e) declared their opinion, " That Mr Frafer was acquitted of any intention to de- fraud ; but, at the fame time, that the inaccuracies in his ac- counts and corrcfpondence were fufficient to have mifled Captain Stewart j ( 3 ) Stewart; and that they unanlnioufly agreed that the difpute fhonld not be carried any farther by either of the parties, and that Mr Frafer fhould not feek any farther fatisfadion." Notwithflanding the terms of this award, which exadled entire fubmifhon from, and impofed abfohite filence upon both of us, as to this affair, which, out of refped to fome of the perfons by ■whom it had been made, I determined to obferve, I received a letter from Mr Frafer, dated 31 ft March 1785, (vide Appendix, Cc) in which, quoting the very words of the award, and thus turn- ing it againft itfelf, he availed himfelf of the acquittal he derived under it, to refle(fl upon that condudl of mine which gave rife to it, in terms of the moft triumphant infolence. He has fince talked of infulting or chaftifing me, or held fome fuch language. He has, fince his beginning to canvafs for the India Direction, taken the liberty to fliew the award upon all occafions ; attributing, as I have been informed, the charge from which it acquits him to mahce, and my forbearance to cowardice. Under thefe circumftances, confcious as I am, not only of the recflitude of my motives, but of the truth of whatever 1 had faid againft Mr Frafer, I need not defcribe my feelings on this occa- fion. I was, of courfe, impatient to vindicate myfelf from thefe unjuft afperfions of my accufer; and being reftrained by nothing but the obligation I felt myfelf under by the award, I applied by letter, a few days ago (vide Appendix, F f ) to three of the gentlemen who made it, for the purpofe of being enabled to fub- mit the affair to a public decifion, which the award, as it ftood unexplained, feemed to prevent. I received from them the an- fwer that will be found in Appendix, G g; in confequence of which, I now feel myfelf at liberty to do what I ought to have done long ago. Mr ( 4 ) Mr T " mes Frafer being fettled at Patna, in Bengal, in the cha- racter of a merchant and agent, began, about the year 1773, to tranfacl bufinefs for the late Lieut.-Col, Alex, Hannay, as ap- pears by letters and other documents found amongft the decea- fed's papers. He was llkewife employed, about the fame time, as agent for Col. Harper, who was jointly concerned with Colonel (at that time only Major) Hannay, in a contradl for fupplying the Nabob, Su- jah Doisjlah, with elephants ; the performance of which, for their mutual benefit, upon Col. Harper's leaving India in 1774, devol- ved principally upon Col. Hannay. On the 30th of April 1775, Mr Frafer appears to have deliver- ed in to Col. Hannay, his firft account-current with him, of that date, (vide Appendix, N° I.), by which a balance was due to Mr Frafer of CtRs 8294 8, or£829, 9J:. The next account that appears to have been fent in, was of the 30th of April 1776, (vide Appendix, N° II.), which commences with the balance of the former account, and by which the balance due to Mr Frafer was Ct Rs 9233 3 8, or ^923 6 s. 6d. On the 9th of Ocflober following, another was delivered in, be- ginning with the balance of the preceding one, when the fumi due upon the whole to Mr Frafer was Ct Rs 10,120 8 6, or £ 1012, I /. ; for which balance, it is material to obferve, that in the letter with which Mr Frafer accompanied this account, he requefts Col. Hann:vy to give him fome written acknowledgement. " If you approfve^ (J'^ys be) , fend me a chit^ or Jometh'ing in the pro^ niijfory zi'aj'y acknoiv/edging, that you this day otve me Jo much mo- vey." A larger cxcrad of the letter will be found in the Appen- dix, [B], Colonel ( 5 ) Colonel Hannay's anfwer to this letter does not appear; but a note, dated three days thereafter, and for that fum, was, in fad\, given by him. Thus matters flood till 1781, when Mr Frafer appears again, delivering in another account-current. It might be expecfled, that, according to the example of the former ones, this, which was da- ted the 30th of April in that year, fhould ftart with the balance flruck the 9th of Odober 1776, for which the note had been given. That, however, was not the cafe ; but it conftitutes the very foundation of the charge now made againfl Mr Frafer, that every article of the account given in and balanced the 9th of Oc- tober 1776, was flated over again from the beginning in this of the 30th April 1781. This will appear manifeflly \ipon a fimple comparifon of the two accounts, (vide Appendix, N° IV.j, which will be found to anfwer down to the 9th of Oc5lober 1776, article for article, fum for fum, date for date ; fo that of the fad there can be no doubt : and it is one of thofe fa<5ls in the cafe, the mofl material to be attended to. The reafon of it will appear by Mr Frafer's own letter of the 13th of July following, (which likewife, is therefore worthy of being attended to, vide Ap- pendix, [C]), to have been, that he might be thereby enabled to charge inter eji upon each of thefe fums from their refpedive dates ; which he had not, it feems, done in the account fent in 1776. In a year after, viz. on the 30th April, which was within four months of Colonel Hannay's death, Mr Frafer fent in the lafl ac- count that was flated in the Colonel's lifetime, commencino- with the balance flruck the preceding year, (vide Appendix, N° V.) ; and upon the balance of this lafl account, Mr Frafer's claim upon the Colonel appeared now to be reduced to Ct Rs 314 15 8, or £31, 9 f. It cannot be too much enforced, that, as this lafl Ac- B count ( 6 } count of April 1782, fo balanced, began with the balance of the preceding one of April 1781, which balance was ftruck upon the ivhole of the accounts between the parties, from the firft com- mencement of their connedlion in 1773, it follows, that in thus balancing accounts on the 30th April 1782, juil previous to Co- lonel Hannay's death, this note, which was an acknowledgement of a balance due the 9th of Odober, was included, and confe- quently that the fum of Ct Rs 314 15 8 above mentioned, was all that was at that time due from Colonel Hannay to Mr Frafer. Colonel Hannay died in the beginning of September following, leaving feveral executors, and Mr R.amfay Hannay, his brother, the aCling one. It has been mentioned, that Mr Frafer, befides being agent to Col. Hannay, was concerned for Col. Harper, relative to a con- trail for elephants, in which that gentleman and Col. Hannay had a joint intereft. Soon after the death of Col, Hannay, Mr Frafer delivered in to his executors, the claim he had upon the eftate, on the part of Col. Harper, in refpedl to the above contradl. As this narrative is to comprehend fome account of that claim, the order of time feems to require that what is to be told concerning that claim fliould have priority. But, as part of the evidence of what is to be objedled upon it, arifes out of what regards an- other claim of Mr Frafer's upon the executors of Col. Hannay, made in his own right, I fhall, for obvious reafons, invert the order of time, and begin by reprefenting Mr Frafer's conduct, re- fpedling the claim made by him upon Col. Hannay's executors, ia his own right. Mr ( 7 ) Mr Frafer's claim, as agent of Col. Harper, was made on the 26th of Oclober 1782, and difcharged. While this, however, was depending, Mr Frafer took an oppor- tunity of mentioning to Mr Ramfay Hannay, that he had a demand on his brother's eftate in his own right; but that the bufniefs of Colonel Harper might not be interrupted, he agreed to poftpone it till that Ihould be finally difpofed of. Accordingly, foon after the fum that had been agreed to be due to Col. Harper had been paid Mr Frafer, he called upon Mr Ramfay H^innay; and after fitting with him a fhort time, prefented him with an account- current between himfelfandMr Hannay's deceafed brother, which was exa(flly fimilar to the laft that had been delivered in to Col. Hannay himfelf in his lifetime, (vide Appendix, N^ V.), the ba- lance of which, in favour of Mr Frafer, was Ct Rs 314 15 8. Mr Hannay, obferving that the balance was about what he had believed it to be, immediately agreed it fliould be paid ; upon which Mr Frafer faid, that this, however, was not all ; for that he had another demand upon the eflate, for a promilTory note which the deceafed owed him, for the principal fum of Ct Rs 10,120 8 5, or ;^ 10 1 2 IS. ivhich he accordingly produced. This note v>ras dated, Buxar, Odober 13. 1776, and was the fame that had been given him by Col. Hannay, for the balance ftruck between them on the 9th of that fame month. Mr Ramfay Hannay, having flrong reafons for being perfuaded in his own mind, that the claim of the note was not juft, ex- preffed his furprife to Mr Frafer at this additional demand, con- fidering that a balance had been ftruck juft before his brother's death, and the eafy circumftances in which he had died. Mr Frafer agreed, that it might feem furprifing, but obferved to Mr Hannay, that he could be no ftranger to the indolence of his bro- ther's difpoiition; adding, that he had often promifed to pay him. ( 8 ) him, but had never done fo. Mr Ramfay told him, he (hould make Inquiry about it, and would let Mr Frafer know the refult; and upon this they parted. Mr Ramfay Hannay was not long in communicating the affair to his brother Mr Johnfton Hannay, who had ftill flronger rea- fons for being ftruck with the demand than Mr Ramfay. Colo- nel Hannay's engagements had taken him to Luckno'w early in 1782 ; he left that place in June, arrived at Calcutta in Auguft, and died there the September following. But, before leaving Lucknow, where he had remained fome time to fettle his affairs, he had exprefTed his fatisfadion to his brother Mr Johnfton, (who was there with him), that he had fettled accounts with Mr Frafer, and that he owed \\\x:a. nothing of any Jize . Mr Johnfton Hannay knew that his brother had brought a very large fum in fpecie with him from Lucknow. The Colonel pafled in his way to Calcutta through Dinapore, where Mr Frafer then was, wind- ing up his concerns to proceed to Europe. It ftruck the two bro- thers, therefore, as very lingular, that Colonel Hannay, with a large fum of money in his hands, fhould have pafled Mr Frafer's door, and yet left a debt of that magnitude unpaid ; and that Mr Frafer himfelf fhould not, had it been really due, have demanded it, which yet had not been pretended. On the other hand, the Note purported to be an unpaid one, and they could only deter- mine between themfelves to make every poflible fearch among the deceafed's papers, that might lead to a diicovery of the truth. But, in the mean time, that there might be no mifapprehenfion as to the way in which the Note was claimed by Mr Frafer, Mr Frafer, who was adling executor, wrote him the letter in the Ap- pendix, marked E. The purpofe of this letter was to know categorically^ whether the promiflbry Note was claimed independent of the Account Current. —What. ( 9 ) - — What is the anfwer to it ? Does he fay yes or no, or give any dire(5l anfvver to the qiieftion ? — His anfwer is too curious not to be inferted here •verbatm. — RAMSAY HANNAY, Esq; Jt> Dear Sir, The Promiflbry Note, being neither Jlated nor charged in the Account^ miijl necejfarily be independent of that Account^ and the Ba' lance of it. If you wifh for any elucidation of the Account ^ or the mode, or the amount of my receipts, be pleafcd to inform me. I am, dear Sir, your's moft obediently, ■ m.-n J. FRASER* The language of truth is bold and fimple. It is needlefs to ob- ferve, that this anfwer, like the ufual anfwers of guilty men even to indifferent queftions, is indirect and argumentative. The Meflrs Hannays, however, having got their anfwer, fet about fearching amongft the deceafed's papers, for any thing that might juflify the perfuafion they had in their own minds on the fubje(n: ; but not meeting with the fuccefs they expe<^ed, they determined to try what they could get by applying to Mr Frafef himfelf, and accordingly wrote him the letter marked G in the Appendix. Mr Frafer's anfwer to this letter is that marked H in the ap-* pendix ; upon which this is obfervable — Had Mr Frafer's de-* mand of this Note been a fudden one, and immediately, complied y?ith by the Executors, fo as to have left him no occafion to think C any (r 16 ) any more about it, it might here be granted him, for argument's fake, (though it is evjen jri that fuppofition fcarcely pofljble\ that, notwithftanding it had been included, in his account-current but a few months before, the demand over again was a miftake and an overfight. But what is very remarkable of the letter now un- der confideration is, the deliberation and particularity with which he talks of the Note ; afFecling to explain its hiftory, and to com- municate every circumftance attending it. How confiftent this is with the idea of an overfight, let thofe who read it judge ; and how poffit>le it was that his mind fliould have dwelt upon it with the particularity with which it appears to have done, and •under the reference which this letter fuppofes to his books, and yet that he fhould neither have met with, nor recolledled how it was liquidated, let thofe believe who are totally unacquainted with the operatioa of the human mind, and with human affairs. But Mr Frafer's mind had not yet done thinking of the Note, however lalling the illufion of it might be. hmboldened by the perfuafion that the Executors could not difprove it,, he faw np reafon why, if the /)rmci/>^/ demand wa,s lu(tained, it fliould not carry interejl; and he accordingly wrote the letter in the Appen- dix marked I. About this time, however, the Executors having, in the courfe of their fearch among their brother's; papers, got lome farther ii;r fight into the affair, tending to confirm them in the fufpicion they had eiltertained of it, they determined they would call upon Mr Frafer again, to fupport his demand by vouchers of fome fort ; and particularly applied to hitn to produce the account that had been balanced the 3Dth of April 178 1, which the reader will recolledl included the particulars for which the Note had been giveu. TKis they did by the letter marked in the Appendix, K. \i\i\ His ( >« ) His anfwer (L) to this letter might be left to fpeak for itfelf, without any comment — Hut I cannot omit making this obferva- tion upon it — The conclufion of it fays, " I will fend the account you v/ant, as foon as I can get it copied ; but my writer has been fick, and abfent from me thefe three weeks." Firft, the fad is, that, whether it was that Mr Frafer's writer never recovered, he never did fend the account demanded of him. — But the point is, that this conclufion admits that he was in polTefliGn of the ac- count demanded ; which, having been demanded, and being thus recognized by him, it is impoffible but he muft have refer- red to ; namely, to an account which flated the feveral articles, for the balajice of which the very note had been given, which he was ftill charging as unpaid. This lafl. letter was dated the 22d of March 1783. But it was fcarcely written when Mr Frafer appears to have thought he had been a great deal too condefcending to the MefT. Hannay upon the occaiion, if he had not indeed been rather in a dream when he wrote it. For, the very next day he writes them another let- ter, in which, beginning thus: '"'' On a reference made to your note of ycjierday, 'which ivas deli'vered to me jifl as I got up from fleep" (vide Appendix, M) recollecfling himfelf on the «(7/'«;r of his de- mand, that it was upon a title that proved itfelf he corredls the too eafy compliance with which he had liUened lo requifi- tions o{ 'vouchers ; he no longer excufes himfelf upon the ficknefs- of his writer, but difclaiming at once all obligation to give any fatisfa(5lion whatever about it, more than what the Note itfelf af- forded, he throws the gauntlet at the Gentleman to whom he •writes ; with much decency tries to terrify him and his col- leagues, by putting them in mind of the oath under winch they •were afling ; and boldly challenges his demand as a legal one. But this is not all. In this fame letter, written with much eviii^ dent determination upon the fubje, Mr Frafer takes upon him- felf ( 12 } fdf to " kno%u that which he demands to be juflly his right ;" w^ich at the fame time, however, it is obferveable, " he oives it injujlice to himfelf to adopt the mojl expedient manner of fupporting'' — which is, by with-holding all information whatever upon the fubjedl, though confeffedly pofleffed of that which was requefled of him,, and throwing himfelf upon the laiv. Being to appeal to the law upon it — 'Jafla ejl Alea — he thinks he may as well take all the law will give him-— as he gets bolder in his remedies, he rifes in his demands ; and " knowing this Note of Hand to be very clearly his right," whereas he had at firfl: declared only for lo per cent. upon it, he has now been told, that " 12 per cent, is the intereft allowed by the Court," and 1 2 per cent he will have. And that thefe Executors may want no warning of the folly of withftand- ing a Gentleman's legal and rightful demand, he is candid enough to give them notice, that " the refufal of a demand authorifes the charge of intereft to the day of payment." — " As thefe circum- flances (he goes on) make a confiderable difference, I think it ne- ceflary to mention them, that they may not afterwards appear novel." Such was the laft letter, in which Mr Frafer even ventured to afTert his title to recover upon the note in queftion; and, to be fure, it left little to be faid on that fide. But, vmfortunately for him, at this very time, the executors had actually found all the accounts referred to in a preceding part of this narrative ; by which it appeared moft manifeftly, that the fpecific note, now- claimed, had been merged in the accounts given in the 30th of April 1781 ; the balance of which having been carried to a fub- fequent, and the lajl account delivered to Col. Hannay himfelf on the 30th of April, the year after the balance of this lajl account was ftruck at Ct Rs 314 15 8 ; which was, confequently, all that was now due to Mr Frafer on Col. Hannay's eft^te. Indignant ( M ) Indignant at the claim itfelf, but much more fo at the refufal of all information concerning it, which they were now fatisfied Mr Frafer himfelf knew to be falfe, they did not think themfelves at all bound to give him notice of this difcovery ; but, having been in a manner bullied by him with the bugbear of the law, they determined they would turn the tables upon him, and allow him to tighten with his own hand the cord with which he was evidently (Irangling himfelf. They accordingly, without faying any thing further to Mr Frafer, forthwith retained Mr Davies, of Calcutta, as their counfel, and Meffrs Stark, as their folicitorSi and gave them the requifite inftrudions for lliing for the recove- ry of the note in queftiori out of Mr Frafer's hands. The matter being put in this train, it occurred to the execu- tors, that Mr Frafer, in his letter to them of the 22d of March preceding, (vide Appendix K), had left it uncertain whether he fhould profecute for the note in Bengal or in Europe. They, therefore, judged it expedient, left he fhould pretend to have fent the note to Europe to be recovered there, to anticipate him in any plea of that fort; and they accordingly wrote to one of the Mr Starks the letter marked N in the Appendix, It appears by Mr Frafer's anfwer to Meflrs Starks', (vide Ap- pendix O), that thofe gentlemen had obeyed the inftrudlions gi- ven them by their employers; and it may be prefumed, in the want of any copy of their letter, that they did it in the terms moft proper for the occafion. Mr Frafer's anfwer, though fliort is pregnant with obfervation. The guilty mind, unlefs where the art is equal to the wickednefs, (which feldom happens), betrays itfelf alike, by what it fays, and by what it does not fay. This anfwer is exa6lly of a piece with that returned by Mr Frafer to the firft letter he received from the executors on the fubje<5l, upon which I obferved in page 9. It is no anfwer at all to a plain ap--* D plication. ( 14 ) plication. An attorney writes to a man by inft;ru(5lion, to deliver up a particular note, which the holder of it has faid, " he knows to be clearly his right," and which he has challenged to go to law upon. Can there be two opinions, what the anfwer would be to fuch a demand, fuppofing the holder to have really believed himfelf to be entitled to it ? If a man demands my property of me, or the evidences of my property, be he an attorney, or be he the firft judge in the land, the anfwer is obvious ; there is no caufe for deliberation, or neceflky to confult a lawyer on the oc- cafion ; but the probability is, that Mr Frafer now began to ap- prehend that the accounts had been difcovered. With this ob- lervation 1 fliall leave the reader, to tui'n to the fingular anfwer JNirPraier made to this letter. That Anfwer, the Reader will find, promifed a further one, as foon as Mr Frafer fliould have had time to look about him a little. Accordingly the Thurfday following produced a further one; but that one, fuch a compofition of unparallelled fophiftry and falfe- hood, at the fame time, of guilty fear, as I defy the imagination to anticipate. The letter will be found in form, in the Appen- dix, P. But I mud be permitted to detain the Reader, while I ex* hibit it to him, paflage by paflage, in the order of my narrative. Having begun by referring to the promife he was about now to fulfil, he takes the matter up thus : " The executors of Colonel Hannay never intimated to me, that the deceafed's promliTory note was difcharged in his lifetime." What then ? What was it to the purpofe, whether they had ever fo hitimated or no ? Exprefs doubts about it, they certainly did, from the firfl moment it was produced ; doubts which, unlefs they fufpe6led Mr Frafer of \\!iv\r\^ forged it, neceflarily implied their opinion, that it had been difcharged in the deceafed's lifetime. It is therefore, in the firft place, falfe in point of fad, that they had never intimated this to him. ( rs ) him. Had Mr Frafer been a little more guarded in his expreOion upon this occafion, and faid, they had never exprefsly allcdgcd that it had been difcharged in the Colonel's lifetime, he might perhaps have been corretlly right. — But intimate it, it appears tr.ey did, mofl: ftrongly. What elfe but intimations to this purpofc are all their letters to him upon the fubjedl ? But what if, in truth, they had never intimated to him any thing of the kind, but, on the contrary, had even fubmitted to the de- mand from the beginning— What then? — If this palFage of Mr 1-rafer s letter means any thing, ic means this — " The Lxecutors (fays he) of Colonel Haanay never intimated to me, that the de- ceaied's promilFory note v^\as difcharged in his lifetime — Had they fo intimated, it would have put me to have confidered whe- ther it was fo or not ; and, in that cafe, (I no longer pretend now to be fo politive about it as I was before) it might have occurred to my recolledlion, (as the fadl, after all, may poiGbly be), that it was fo difcharged." This I take to be the reafoning contained in this pafTage, though not drawn out in form — What then ?— Was it not Mr Frafer's duty, as an honed man, and a man of bufinefs, to have put this queflion to himfelf, before he demand- ed payment of the Note, whether it was really an outftanding one, or whether it had not been already difcharged? Does it ap- pear, that he needed any intimatioji from the Executors, to put him to confider about it, whether it had been difcharged or not ? Are not every one of his letters upon the fubjecfl evidences of the greatejl confideration upon it ; fo that it could not be for want of confuleration at leaft, if he had not difcovered, before this, the fadt of prior payment, or non-payment ? Whereas, was it poflible, under all the clrcumftances of the things, the f tie oi the fum, (towards looo /), the proportion it bore to the whole of the ba- lance it had been included in, viz. no lefs tha.n four- fifths, and which had been reduced in the lifetime of Colonel Hannay within ( i6 ) ■within 50 /. — the correfpoudence of the date and fum with the ba- lance ftruck in 1 776, for which it was given, fo as to identify that it was the fame note that was afterwards funk in the current account delivered in in 1781 — the recent time within which it had been fo funk — Was it pofTible, I fay^ under all thefe circum- flances, for a man of bufinefs, like Mr Frafer, with the very do- cuments of the tranfadion before him, as he confefTes in his let- ter noticed fupra, ta have had his mind working upon it with all the circumfpecStion it appears to have done, and warned fo to work, by the ftyle of MeiTrs Hannays letters to him, and the re- ception they gave the claim from the beginning — Was it pof- fible, I fay again, for him, to have fo confidered the matter, and yet not have recolledled that the note had been difcharged in the de- ceafed's lifetime ? Credat Judaus — and yet does Mr Frafer affedl to complain, " that the Executors of Colonel Hannay had never in- timated this to him."— That is, where it is as palpable as the fun at noon-day to the maker of a claim, that it is a falfe one ; where he muft know it to be falfe with irrefiftible certainty ; yet if the party upon whom it is made does not objedl to him, in terms that it is falfe, (whether it is that they do not as yet ex- adlly know the fad, or do not choofe to be fo uncivil) ^ this will be a fufEcient defence for him whenever he is accufed. — Mr Fra- fer has declared himfelf " little verfed in matters of law." — He is no orator, as Caffius is — But at leaft he is no contemptible ca-* fuift. The next pafiage is, *' They demurred on a plea of infufficiency of vouchers ; andy hurt at it^ I ftgnifed an intent ion^ if I found it prac- ticabkj to enforce payment in Europe ; but I have fince done nothing et all in the buftnefs" The Reader will obferve, that the letter, to which this was an anfwer, was a letter from MefTrs Hannays attorney, demanding up the note ; alledging, as it (hould feem, that it had been difcharged in the deceafed's lifetime. Why, then, ( r? ) then, what docs Mr Frafer mean by this paflagc ? What fignifies on what plea the executors demurred, or what intention Mr Fra- ler had fignified about it ? Thefe are vague fadls, that have no- thing to do with the letter he is anfwering, and are meant only to amufe the attention, and to cover, though they betray, the writer's embarraffment. That he was hurt at the demurrer of the executors, may well be believed : Whether the pain he felt was that of a wound given to the pride of confcious innocence, or not, every man will form his own judgement. " But I have fince, (ays he, done nothing at all in the hujinefsy How dlfFerenc from the ftyle but a few days before, when all was for latv^ and men were put in mind of the oaths they were bound by ! The paflage that follows is of a very ferious nature indeed. *' / think the plea noiv jet up in the requifttion through jon, is in- tended to compel an adju/lment in this country ; but^ taking the literal meanings it con'ueys, you tnay believe, a very unpleafing imputation ; and I affure you, upon my word. Gentlemen, as I am ready to con- firm upon oath, that I am not confcious of any ground in the vuorld the Executors of Col. Hannay can found fuch a fufpicion on. I am fofttively clear, I never charged this Note to Col. Hannay s account in any mamur ivhatever, nor ever received value for it from hi7n, or any body elfe, by my/elf or any perfon authorifed by w^." To take the latter part of this palTage firft, it is a pofllble cafe, that might have arifen upon this tranfadion, that Mr Frafer might have taken the oath judicially, which he tenders in this letter. — If the Executors had been driven ultimately xo file the bill they meditated, and Mr Frafer had been iincere, when he made the offer of confirming his ajfurances upon his -word. Gentlemen, with his oath, he would of courfe have put in his anfwcr; which a lawyer could not have drawn for him better than he has drawn it forhimfelf, though fb little verfed in matters of lav^, viz. " That E he ( i8 ) he was pofitively clearly he had never charged this Note to Col. Hannay's account y in any manner ivhatever, nor ever received value for it from him, or any body elfe, by hiirfelf or any perfon authorifed by hiin ;" to the truth of which he would necefTarily have fworn. — And fup- pofing him not to have at this time fufpe(fted, what he afterwards found to be the fadl, that the Executors had difcovered the at- tempt, and were in poffeffion of what would expofe him, can any man doubt but that, with his note in his hand, he would have fuffered the bill to have been filed, and would have flood upon his oath ? It was for his credit that he fhould do fo — it was clearly for his intereji. — But it feems, notwithflanding all his po- fitivenefs, confidering the prefent afped of things, hedidnotjuft like to pufli the matter fo far. For had he taken his oath, (even admitting that he really believed his claim to be due), nothing could have faved him from the ignominious confequences which muft have followed. But, " If imputation, and ftrong circutnftances, " Which lead direftly to the door of truth, " Will give fatisfaftion," — I pledge myfelf to demonftrate, before I have done, by indications which cannot deceive, that Mr Frafer, at the time he flated him- felf to be " pofitively clear he had never charged this Note to Colonel Hannay's account in any manner whatever, nor ever re- ceived value for it," " and that he was not confcious of any ground in the world the Executors of Colonel Hannay.had to found the fufpicion upon they Teemed to entertain of him," I knew, in point of fadt, that he had charged the Note, and had re- ceived the value of it ; this, I fay, I pledge myfelf to demonftrate, if it has not already appeared. In the mean time, if any thing can confole a man, who muft: ftand convided in the opinions of all who know this affair, of an intent to commit a fraud, and of a. ( 19 ) a kind of /wrijo^/t' perjury, let him congratulate himfelf, tTiat he is not at prefcnt in the peril, if not in a<5lual fulFcrance of the pains of one of the mofl dangerous crimes that is committed in fociety. But if whatever a man deliberately offers to do, may be confidered as done by him, which mofl imdoubtedly is true,. fo far as the will is concerned, then Mr Frafer ftands virtually convidled of this crime. After this, will Mr Frafer expedl it to be believed, that he " really thought the plea noiv fet up by the Execu- tors ivas intended merely to compel an adjujlment in the Eajl Indies ?" Will he venture to fay, that he did not begin, by this time, to dread that the Executors had difcovered him, and meant a little snore than a mere adjujlment ? He fl^all fpeak for himfelf. How then does he go on? " But (fays he) if the Executors think they ha'Oe any jujl grounds to fu/peil the contrary, I tvill be mojl ready to give fatisfaBion in every reafonable point. And, if they have any proof I ivill, they may he affured, not only he ready to give up ths. Note, but render afiy recompence fuitable to the occnfton. After this declaration, I think it ivill be candid to tell me ivhat is meant or al- luded to ; and from you. Gentlemen, I beg the favour to be irformed^ Jf the 'Executors thi7ik they have anyjufl grounds to fufpecl the contrary, I will be mofl ready to give fatisfadlion, 8cc. — Why, is it poffible that Mr Frafer, when he wrote this, could have recol- le(5led what he had been faying but the pafFage before ? Do men cuflomarily give up claims which they are pofitively clear about, and are ready to fubflantiate by their oaths, upon the objeds of thofe claims thinking they have juft grounds to fufpe^ the con- trary ? What fignifies what the obje(5l thinks or fufpe6ls to the contrary, where the party is fo pofitively clear of his claim, that he can fvoear to it ? efpecially too, while yet the other party has not difclofed, in the fmallefl degree, his fuppofed grounds of fuf- picion. The thing is impofTible. — Mr Frafer is a clear-headed man, of accuracy in bufinefs, as his accounts with Col. Hannay demon- ftrate. ( 20 ) flrate. I iubmlt then, that it is contrary to all experience, and therefore not to be believed, that a man of this defcription, ba- ting himfelf to be fo pofitively clear of his cLiim, as to be ready- to " confirm it upon oath," fliould, upon the very firft breath of its not being due, at once abandon it, fuppofing him to be ho- neft. " And if they have any proofs^ I will, they may be affured, not only be ready to give up the Note, but render any recompence fuitable to the occafion." What are all thefe ifs about ? Either the Note had been paid, or it had not. Mr Frafer had only to h ive referred to his Ledger, to fatisfy himfelf of the fadl. — If he had not referred hitherto, it was now at leafl: full time. — If it had not been paid, what fignified proofs, which, as yet, his own mind only had brought before him, or grounds of fufp'icion which he might think were entertained by others. But Mr Frafer kneiv from the beginning, that it -was not due: the present condudl of the Executors alarmed him with the apprehenfion that his know- ledge was now detedled, — He who but lately talked of nothing but legal vindication, and of the folemnity of others oaths, and who even at this moment was ready to f'port his own, is ready at once to give fatisfa(flion on every reafonable point," and, " provided they have any proofs, not only to give up the Note, but render any recompence fuitable to the occafion^ The next fentence is the key to the whole letter. — " After this declaration, (fays he) I think it will be candid to tell me what is meant or alluded to, (that is, the prefent condufl of the Executors) ; and from yQu,Gtn- tlemen, I beg the favour to be informed." Why all this folici- tude, if he was clear he had done nothing but what he could juftify ? Why this winding and fifting, but that he knew he could not juftify what he had done, and began to fufped that he was deteded ? After having fald fo much upon the other parts of this notable letter, the concluding paragraph of it is what one might expeiSl, and ( 2» ) and may be left pretty nearly to fpeak for itfelf. He concludes, then, " I am quite ignormit of laiv^ as I believe you. are acquainted: andy added to my general aver/ton to litigation, IJhould be particular^ ly relaxant to engage noiv in any controverfy, that may probably re- quire more time to decide than J propoje to remain in the country. I Jhall not feck any information in the bufinefs till I hear from you in an- fiver to this. 1 am, Gentlemen," &c Upon this 1 will only obferve, that here has, indeed, a Grange alteration taken place in his mind, (Mr Frafer will explain how), within a very few- days. But a very few days ago, and none fo ready for, none fb determined, none fo well informed upon law — at lealt the law of his own cafe, as Mr Frafer. But now, all of a iudden, the lu- cid interval, and the hour of confidence, is palled. He is " quite ignorant of law" — " added to his general averfion to litigation, he fiiould be particularly reludant to engage now in any contro- verfy, that might probably require more time to decide than he propofed to remain in the country" — that is, I fuppofe, he was not afraid of any aBion upon his note; but he had heard ftrange ftories of the endlejjhefs of bills iti equity. And he who was lately all forwardnefs upon the bufinefs, and ading upon the offenfive, fnall now '^feek no ivformation about it till he hears from Mcp-s Starks in anftver to this -f that is, till they tell him what proofs or ground oi fnfpkion MefTrs Hannay had difcovered. One is really much induced to fufpedl, if it might not be wronging a gentleman, that Mr Frafer, at that very time he was fo pofitivcly clear of his claim, that he was ready to take his oath upon it, had ■had fome ftrange mifgiving in his mind, that there were accounts ■j-n the queftion; and that thefe accounts were now adually dil^ covered by, and in the hands of Mefirs Hannay. Such is the important letter, which Mr Frafer took time to write the Mefils Stark ; and had he taken as many years to it as he took minutes, he could not (not to have done it in terms) Is liavs ( 22 ) have more completely recorded his own guilt. It is manifefl, that every nerve was trembling while he wrote it ; and though it is v/rltten with evident marks of care, it is the care of confcious guilt, that almofl conftantly betrays itfelf. The MefTrs Stark having communicated this letter to the Exe- cutors, it will be readily imagined, that they did not helltatc long in determining how to a<5l. They in fa(5l wrote their attor- ney the letter that will be found marked Q^in the Appendix ; which will at once fliew what opinion thofe Gentlemen entertain- ed of Mr Frafer and his claim from the beginning, and how completely that opinion was now confirmed. The letter, the Reader will find, concluded with dlredling their attorney to communicate the contents of it to Mr Frafer ; which they accordingly did. Upon which Mr Frafer immediately called upon Mr Hannay, at his houfe in Calcutta, and faid, a gentleman, an acquaintance of his, (to whom the Hannays had communica- ted the circumftance), had informed him, that the Executors had difcovered proofs of the promifTory note having been already paid. He proceeded, under much apparent embarraifment, to acknow- ledge that it was fo, and to exprefs great concern at what had happened ; but would willingly, at the fame time, have had Mr Hannay believe, that his demand of the payment of it had arifen from a miftake ; in order to perfuade him of which, he attempt- ed the befl explanation he could, by words, and by a book of accounts, which he had brought with him for the purpofe. Whether, however, it was owing to any Jloivnefs of comprehenfion in Mr Hannay, or to want of ability in Mr Frafer, *' to grace his caufe, *' In fpeaking for himfelf j" Or Or rather that he did not exadly • A round " Unvarniflied tale deliver ;" certain it is, he did not produce the conviclJlion, upon that gentle- man's mind, of his innocence, that might have been expeded of a man pofitively clear of the jujlice of his claim, not confcious of any ground in the ivorld that any one could have to fufpecl him, and ijvho had been al-ways ready to have confirmed all his affurances upon the JiibjeB with his oath. Mr Frafer had upon this occafion brought the note with him, and now offered, as of courfe, to deUver it up to Mr Hannay ; but Mr Hannay decUned at prefent receiving it, as well becaufe the recovery of it was now in the hands of lawyers, as becaufe he did not choofe to take any ftep without the concurrence of the other Executors. He told Mr Frafer, however, that, as foon as he had feen the other Executors, he would let him know their de- termination. Upon this Mr Frafer took his leave ; and within a day after, without any further notice from Mr Hannay, who had not yet had an opportunity of conferring with the other Executors, as he had determined, he at once wrote Mr Hannay the following letter. To RAM SAT H A N N A T, Efq; S I R, I Expected to have had the pleafure of hearing from you yefterday. To put an end to this hufinefs of your Brother's Note alto- gether, I here inclofe it to be cancelled, which, I fuppofe, is all that can be required. I am, &c. J. FRASER. Thus ( H ) Thus the Jew in the play fays, with the like fulleanefs, " Give me my principal, and let me go." — But, like the fame Jew, he was bid Tarry — The law had yet another hold on hira,** Upon the receipt of this letter, Mr Hannay wrote him the re- turn, which is marked S in the Appendix, acknowledging the furrender of the note ; but acquainting him, at the fame time, that he was expe(5led to pay all the law-cliarges that had been incurred towards the recovery of it. This Mr Frafer inflantly complied with: And thus was dropped in an in flan t, in confe- quence of the information Mr Frafer had received of the difcove- ry of the accounts he had refufed to produce, a claim, that had been aiTerted with fuch aflurance, and offered to be eftabliflied under the folemn fanflion of an oath. It was dropped at once, after all this pofitivenefs, and all this perfeverance in it, without ever fo much as once calling upon the Executors to give him the fatisfa<51ion of feeing the proofs that it was not j\ift; v/hich was certainly giving them a credit, which they had been very far from fetting him the example of. But the difference was, that Mr Frafer hneiv it was founded in downright faljehood, and only not in perjury ; and he had, by this time, good information that the Executors knew this. Though the hiilory of this claim feems to be now at an cm\, there are yet two circumftances to be brought forward rcfpeeTing it, more material, perhaps, than any that have been yet adduced, to fhow that it was falf'e from the beginning; at the fame time that they manifert, at once, the cunning art,, and the bold prac- tice with which it was carried on, anxl endeavoured to l)c miin- taiued ; but, as they are blended, in fome meafure, wicli the charge ( ^5 ) charge upon Colonel Hannay's eftate, that has been already open- ed, as between Colonel Harper and Colonel Hannay, by the me- diation of Mr Frafer, it becomes neceflary now, in order to in- troduce them, to go back to that. But, as I perfuade myfelf that I have already difplayed Mr Frafer's conduct in colours fufficient- ly intelligible, and upon reafoning which I defy him to anfwer, I '{hall be as fliort as poffible on what remains. The Reader will recolleft what the nature of the cqntradl was, xipon which Mr Frafer, immediately upon the death of Colonel Hannay, delivered in a charge to his Executors, on behalf of Co- lonel Plarper. Some difficulties ariling as to the fettling of this charge, it was agreed between the parties to refer it to arbitrators; of which I was named for one. We made the beft award we were able, vtpon fuch materials as were laid before us; and the mo- ney awarded by us to be due to Col. Harper, was paid into the hands of Mr Frafer, his agent. It happened, however, foon afterwards, that in the fearch made amongft Col. Hannay's papers, for the purpofe of afcertaining the claim of the note, fome letters were found, which, coupled with the refult of the demand made upon the note, induced more than a fufpicion in the minds of the MelTrs Hannay, that Mr Frafer had not condu ( 28 ) as deep as it was falfe; not arifing upon the fudden and acci- dental difcovery of it in his pofTeflion uncancelled, and claimed without thought; but conceived with great deliberation, gone about at a diftance, indiredly, and with exquifite caution ; and not ultimately made, till he had tried whether the ground he was about to tread would bear him ; and had fatisfied himfelf he could not be deteded, with a degree of certainty, that prompted the affurance with which he appears to have afTerted it. It will be found, upon a reference to the correfpondence be- tween Mr Frafer and Mr Ramfay Hannay, relative to the fubjedl of the arbitration, inferted in the Appendix, particularly to the letter marked Z, that a principal difficulty in the way of a final adjuftment of the Elephant account, was to a/certain the aHual disburjanents for conduBing the Elephants up the cotmtry, in different herds. " It is unlucky," fays Mr Frafer, in the letter referred to, (which is dated 29thO(5lober 1782) "that this account of the charges had not been afcertained, as it may prove the moft difficult part in any prefent arrangement." In a fubfequent letter, dated 4th November following, to the fame gentleman, he fays, (See Appendix, A a), " / ivas happy to tinderjland by your letter of the 30^/j, that you had found fome ac- counts relative to the Elephant concern; and I fondly hope that^ on a proper arrangement of the materials ivhich that bundle may pro- duce^ the Executors will be able to form a decided view of the bufi- nefsT And, in a third letter upon the fubjedt (fee Appendix, B b), " dating his idea of Captain Harper's claim on the eflate of Co- lonel Hannay," he fays, "Thefe are the articles which compofe the account ; and if you can afcertain the amount -of cofs and char- ges upon the Elephants ^ the principal difficulty will be removed''' Who ( =9 ) Who would believe, that reads thefe extradls, which are fairly taken from Mr Frafer's own letters, that Mr Frafer hiinfelf was the very man, who, as agent to the parties, onually made the dif- burfements which now created the great difficulty in fettling the accounts; of which, however, he affeds, by thefe letters, as total an ignorance as could be attributed to the Executors them- felves. But, it will aflced, how does this fad appear, and to what purpofe fliould he afFedl to be thus ignorant ? If the fad was fo his affeclation of ignorance is of itfelf a fufpicious circumftance. Now, upon reference to his letter to Colonel Hannay, of the 13th July 1 78 1, (Appendix, B) it will be found, that that letter inclofed the very account I am now fpeaking of which was wanting to adjuft finally the fubjed in arbitration. " The ac- companying (he fays in that letter) is, I klicue, an extracl of my dif- burfements for Elephants." Such is the evidence of the faft. But the very fame letter betrays the reafon of this afi'edation. This fame letter that inclofed an account of the dishurfements made by him as comjuon agent for Colonel Hannay and Colonel Harper refpedively, inclofed likewlfe his own account-current, up to the 30th April preceding, with Colonel Hannay alone; that very account, in which the confideration of the promiffory note was re- fated, and re-charged to Colonel Hannay ; and, by the refult of which, it came to be put an end to, though it was never foeci- fically demanded up. — *' lam juft arrived (fays the letter) on board my boat ; and write principally to inclofe your account-cur- rent, 2,0th April laf, balance in my favour Ct lis 6842 3 2." This was the very account I have defcribed it to be, as will appear by a reference to it, N° IV. in the Appendix, It is here obfer- vable, that it was the pradice of Colonel Hannay, as can be teftified by thofe who are mod competent to know it, to keep all papers or accounts, chat he received, together, in. the fame K cover ( 30 ) cjver in ivbich they ijoerc inclofed to him ; and, ia faiSl, tliefe two accounts were found at the fame tinie in the fubfequent fearch made amongfl the deceafed's papers. Mr Frafer then, who of all men knew Colonel Hannay's pratflice befl, forefaw, that if the ^iccount of difburfements fent in by him on the 13th of July to Colonel Hannay, fliould cad up in tlie hands of his Executors, the concluiion would be, that they were in pofTefTion, and had notice of his other account of the 30th of April ; in which cafe, it would be impofllble for him to make the claim of his Note with any degree of fecurity 5 inafmuch as, by that account, the Note was completely liquidated. In this view, it became of infinite con- fequence to Mr Frafer, to found the Executors well, whether thcy were in poffeflion of any account of difburfements or not ; and in this view, it may be prefumed he began by preferring his claim as agent ^ and pojlponed his oivn ; which is not, perhaps, the ufual courfe of men full as honed: as Mr Frafer. He accordingly urges to the Executors in all his letters, the importance that thefe ac- counts are of to the fettlement of the arbitration; and in every letter provokes an inquiry concerning them. In his letter of Oc- tober 29. 17S2, before referred to, he fays, ''^ Luckily^ indeed^ your Brothers letter to me of the I'jth September I'^^o, takes ficch a range of the tranfa&ion as nvill carry to yon a general idea of the •whole. I therefore enclofe a copy of it, together ivith copies of fuch of my letters to him as neceffarily form a conneflion. I alfo inclofe a copy of the receipt alluded to; and, on a perujal of the ivhole, and fuch further materials as you 'may he able to difcover among the papers of the deceafed, my arrangement of the accounts uuill, I hope, be approved and completed." Among thefe copies fo fent in, tliere was not a word of his letter of the 13th July. This was carefully kept back; be- ing to be produced, if produced at all, by the Executors them-r felves. If it was produced by them, which he purpofely gave them every reafon for endeavouring, the claim of the Note was then at aca end. If it was not produced, it might fairly be con- cluded,, ( 31 ) ckided, that they knew notliingof tlie Account balanced the 3otli April 1781, and the Note might be demanded with fafety. In fi\Si, fome fearch was made by the Executors for the purpofe. But Colonel Hannay's papers, from the circumftance of liis ha- ving come to Calcutta fo recently before his death, were in the ut- moft confufion; heaped together in trunks and balkets, without any order or arrangement; and Mr R. Hannay having found one bundle, indorfed, " Papers relative to the Elephant- concern," was the rather content to give himfelf no farther trouble, in fearching amongft fuch a mafs of confufion. o* The bundle, however, not containing Mr Frafer's original let- ter to Colonel Hannay of the 13th of July 1781, inclofing an ac- count of his difburfements, did not ferve much to clear up the difficulties of the arbitration ; for thus Mr Frafer writes about it. " It is ivith much regret (the letter is to Mr Ramfay Hannay, dated 061. 29. 1782, before referred to, Appendix, Z**) I read in your note^ that your late brother s papers do not throiv any light on the tranjaclion -with Captain Harper ; atid I mojl fincerely lament the re- hiflance your Brother had to Jetting about an adjujlment of it. It pro- €eeded, I believe y and indeed 1 am pretty certain he told me fo, from the difficulty he found in afcertaining the atlual disburfements made for the concern of the Elephants, proceeding up in three different herds. When he was himfelf in Oude, he ivas obliged to rcquefl different friends at the different Jlations to fupply their keepers, which made the account branch out, and probably it became blended 'with other con- cerns. It is unlucky that this account of the charges had not been afcertained, as it may pro-ve the mojl difficult part in any prefent ar- rangement." Again, I afk, would any man believe, that with all this fenfe of the importance of this account towards fettling the arbitration he had fubmitted to, and all this lamentation for the want of it, Mr Frafer fliould have been himfelf the man, who, within ( 32 ) within lefs than a year and a half of this time, had adually da- ted this very account to Colonel Hannay, which he thus leaves it entirely to the Executors to bring to light. Mr Frafer, to repeat it again, was much interefled, confidering the company ic was in, whether the Executors could bring it to light or no. In fa6l they fearched in vain ; and the firft award was made without it. Mr Frafer immediately took courage, and claimed his note. In the learch that was recommenced in confequence of this claim, the account of the dlfburfements for the Elephants was found at the fame time with the account by which the claim of the Note was dete<5led ; and this was one reafon for having the award upon the Elephant-concern reconfidered. I perfuade myfelf I need not make another obfervation upon this condu6l of Mr Frafer's upon the fubjed of the Elephant-concern. Another reafon with the Executors for having the award that had been made reconfidered, was (added to the fufpicion they now began to entertain of Mr Frafer's charadler) the variance be- tween the original oi Mr Frafer's letter of 12th September 1780, to Colonel Hannay, which likewife they had now difcovered a- mong their brother's papers, and the copy of it that had been delivered in to the arbitrators by Mr Frafer. Upon this variance, produced by a mutilation, I have already fubmitted my obfer- vations. But the third and principal reafon that determined thofe Gen- tlemen to the meafure they took, was, in the courfe of the fatal fearch that arofe upon the demand of the Note, the difcovery of as palpable a fabrication^ furely, as ever was pradifed. What /«- terejl Mr Frafer had in fuch a fabrication, if I prove the fadl, I {hall think myfelf perfecflly difcharged from fliewing. That it was apparently done to fupport a claim made in favour of an- other, every man feels, if it was done^ is faying nothing. Whe- ther ( 33 ) ther Mr Frafer really meant to carry the benefit arlfing from this fabrication to the account of another, in whofe caufe it was made, every man will judge for himfelf who has got fo far in this Narrative. I have only pledged myfelf to bring forward the fad. The fubjecfl of the claim made by Mr Frafer on Colonel Han- nay's eftate, in the name of Colonel Harper, the Reader will recoi- led, was, what lliould be due to Colonel Harper upon his fhare in the Elephant contradl, in which he and Colonel Hannay had been jointly concerned. The management of this contra Dr, ( i ) MAJOR HANNAY, in Account Current wItKJAMES FRASER, Cr. To fuadry Charges as per the foregoing, Thomas Motte, for Cafh advanced by him to Mr Coruack, by my defiie and charged againft me. 'I 8;3> 554 One Mangee, and Six Dandies with your Horfe to Calcutta, Sa Rs 22, or Cafli advanced Mr Turnbull, per Re- ceipt, Sa Rs 300, or Ditto to Attacanah from the Hill Rajah, Sa Rs 10, or - - C Rs 24 ( Q 333 II 9454 I By Cafh from Mr Burgh, Sa Rs looo, or Balance at your Debit in new Account, 1 160 8294 C Rs I 915 Errors Excepted, Dinapore, April ^o. 1775. ''^ (Signed), J. FRASER. N**!!. en < Pi en a u U 4-1 c o «J u < < < erf w Q < < o o o o o .^4 o . O N ■ (A o o O 00 o a, ■J! 3 O CI O O o - oo 00 O P D 00 3 a. 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"=• C " C C I- « t I ^ c > .5 . o - .-O0-0-0-"0-o--00-.o5- tf, c* CO rn ro CO cr^ m CO m Cfi CO f^ c< rri coUJ c<» (r. en on 0 ov: '^ ff> rnso >c *0 ^ m m rrimo mrf\mt^O O O O O O^C^^nf^f^^ o o , c -. ■n ti i-> •- S c<-. >0 -* T^^r^i-^t^M ^v#^ov" « « r*0OOD fc*%«j-)>0 O rnrfiCo*^ n CU c ^ n o c o h o t^oOOO "^O 0*00 r< (N O !>0 rriOsO «*»^i^'N>o — r-'^'-o— 0000 '^r^OO o -Z O O 1 O 00 - - ^ 8 CO By my Draft on you favour of Suloochurd Bridjeo Bafly, ■ Lucfcnow tit Rs 5496 12 J By my Draft on you favour of) Colonel Martin J • Balance 00 . c» a - fl U u N t- 4, 4> h '-' C! C >o ^O ^ I ■^ -^ -^ -^ 00000 4^ 1^ «^ J_l 4_j ■q 5 Q Q (5 Q o o> o o^ o S M 00 ■^ W 1^ CO <= 9 o o a^t 1,500000 fe*^ . I . . OS o rt o o 1 I I i 3 e O C »-?.-,cqm H To RA M SAT H ANNA r, Efqy Dear Sir, I HAVE no demand on your late brother but what is con- Altuted by his prormjfory Note^ and the Jmall Balance of the open account ; both originated from money advanced folely to accom- modate his cowuenience^ as often thankfully acknowledged by him. 1 did not chufe to involve the Note, which 1 held of nearly equal validity with a bond, in an Account-current, from,, which it was diflindt, and on which there was a Balance due to me, and he did not defire it. I had, moreover, (ome difficulties about intereft. After the amendment of his money-concerns, I fre- quently fignified the wifh to be reimburfed both, without preffing it. He fuggefted different modes of liquidating the debt, to fave the exchange on his money, (^c. <^'C. ; and lad year he affured me, that he had, the Augufl; preceding, tranfmitted me bills on you for a confiderable amount ; but I never received them, nor any others. I have been looking for fome papers and letters to fend you ; but I cannot lay my hands on them to-night, though I have detained your Hircarrah purpofely. I am, Dear Sir, Yours, mofl obediently, J. F R A S E R. Thurfday night. N. B. loth March. N. B. To this letter there was the following Poftfcript, though not printed in the firft edition of the Narrative. — The Note is dated i ^th OElobcr iTjC, for Ct Rs io,i20, 8, 6; (ind I believe inter eji is ihargcabk on it to the time of his death at leajl. To ( 9 ) To RAM SAT H ANN A T, Efqi Dear Sir, On enquiry I find it an eftabliflied Rule in Court, to allow in- terest on promiflbry notes ; propofe therefore to charge your bro- ther's eftate to the 13th Auguft lafl, becaufe my oivn preference, de- claredly, to the more complex account of Harper^ has been the caife of delay. If I am right, it will (land thus : Promiflbry Note, dated 13th Oftober 1776, - Ct Rs 10120 8 6- Intereft thereon, from the date to 13th Auguft 1782, 10 ffrcf«?. 5903 to o- 16024 2 ^ Add Balance of Account-current. Pleafe to fend me the copy of the account I left with you, that I may fign it, and fend it with the promiflbry note, and any ac- quittance, or difcharge, you may think neceffary ; when it ihall fuit your convenience to difcharge the amount, the fooner the more convenient to, Dear Sir, Your's, mofl obediently, J. FRASER. Mcn-ch Q.2d 1783, To. ( lo ) K To JAMES F RA S E R, Efq; Dear Sir, The Executors of the will of my deceafed brother, confider the information that you have given them refpeding the pro- miflbry note infufficient to juftify their paying the amount, and I muft therefore beg the favour of you to fend me fome other vouchers, particularly the account from which the balance of 6842 3 2 is taken. I am, &c. RAMSAY HANNAY. To RAMSAY HA NNA r, Efq; Dear Sir, I HAVE this moment your note; but I confefs honeftly to you, I do not underftand it : I would be very glad on this, and every occafion, to give fatisfaction to the Executors of your bro- ther's will ; but I confefs I think it an unufual thing to be called on ( It ) on formally for vouchers In fupport of the promiflory note, writ- ten and fubfcribed by the deceafed ; and when I intended to have fent you the other evening fome letters, it was for your private fatisfa(5lion and information, and not formal proof. If the note does not fufficie^illy eftahliJJj the debt in laiv, I mujl have recourfe to Jiich collateral proofs as may be in my poiver ; and in the mean time^ to prevent ujekj's trouble and ivajle of time ^ I nnijl beg the favour of you to inform me explicitly^ ivhether the Executors^ through you, refife to pay the note, and for 'what reafons, that I may inform myfelf ivhe- ther it may be mofl for my interefl and convenience to profecute the efiate in this country^ or in Europe. I will fend the account you want as fbon as I can get it copied, but my writer has been fick and abfent from me thefe three weeks. I am, Dear Sir, Your's, moft obediently, March 22. 1783, J. F R A S E R- M To RAM SAT HAN NAT, Efq; Dear Sir, On a reference to your note of ycfterday, which was delivered to me juft as I got up from fleep, I perceived I did not fufficiently (^ advert ( 12 ) advert to the reafons afligned by . the Executors of Colonel Han- nay for refufing to pay the deceafed's promiffory note, the infuf- iiciency of the information I had given refpedling it. — I beg leave to obferve, that I never meant by my communications with you to add to the validity of that inftrument, nor did I conceive it necelTary, or required of me. The Executors of Colonel Han- nay acl upon oath, and I reft the OAoneVs proimjfory note upon its otvn ground^ ivithoiit afdng or ivifhing any favour at all to it, from the heirs or executors. If they do not think themfdves "warranted to pay it on its ozun pri7iciple and f elf -evidence^ no collateral iriforma- tion of mine ought to induce them ; oti the other hand, I owe it, in jujiice to myfelf to adopt the mojl expedient means of fupporting and fecuring ivhat I knoiv to be very clearly my right ; and, to prevent mifunderflanding, I beg leave to revoke the arrangement of interefl, in my note to you of yeflcrday, holding it fair, in a decifion at latv, to take, my chance of ivhat it grants : 1 2 per cent. / am told, is the interefl alloived by the Court ; and, if I am rightly informed, the refifal of a demand authorifes the charge to the day of payment. As thefe cir- cumflances make a confiderable difference, I think it neceffary to mention them, that they may not afterwards appear novel. I la- ment very much the trouble created to you, individually, in this bufinefs, and wifh I had earlier underftood the intention of the Executors. I beg you will excufe this additional, but lad trouble on the fubje(5l ; and I remain, Dear Sir, Your's, moft obediently, J. ERASER. March 23. 1783. To ( 13 ) N To Mr HE NET STARK. Dear Sir, As we are apprehenfive Mr Frafer may fay in anfwer to the bill, that he has fent the note of hand to England, we think it may be necefTary to make a demand for the return of it before the failing of the packet : I fubmit to you the propriety of it, and if you think it right, requefl that you will, without any delay, make the demand. You may inform him, that our reafon for de- manding it is, that we are of opinion it has been already paid. RAMSAY HAN NAY. O To HENRY and JAMES STARK, Efqrs. Gentlemen, I AM this moment favoured with your note of the 8th. I am really little verfed in matters of law, and cannot make an anfwer to this note till Saturday morning, when I fliall be in town, and furnifh you with my reply ; mean while, I am, Gentlemen, Your moft obedient humble Servant, JAMES FRASER. To- ( H ) To HEKRT and JAMES STARK, Efqrs. Gentlemen, Just as I came home lad night, I received and acknowledged your note of the Hth, promifing an anfwer on Saturday morning. The Executors of Colonel Hannay never intimated to me that the cleceafed's promilTory note was difcharged in his lifetime ; they* demurred to the payment on a plea of infufSciency of vouchers, anda hurt at it, I fignified an intention, if I found it practicable, to enforce payment in Europe ; but I have (ince done nothing at all in the bufinefs. I think the plea nov^r fet up in the requilition through you is intended to compel an adjufliment in this coun- try ; but taking the literal meaning, it conveys, you may believe, a very unpleafing imputation ; and J affure you upon my ivordy Gentlonen, as I am ready to confirm upon oath, that I am not confcioia of any grouttd in the ivorld, on ivhich the Executors of Colonel Hannay can found fuch a fufpicion. J am pofttively clear I never charged this note to Colonel Hannafs account in any manner ivhatever, nor ever received value for it from him, or any body elfe, by myfelf or any other perfon authonfed by me. But if the Executors think they have any jufl grounds to fuppofe the contrary, I will be mod ready to give fatisfadlion in every rea- fonable point ; and if they have any proof, J will, they may be affured, not only be ready to give up the note, but render any re- compence fuitable to the occafion. After this declaration, 1 think i; will be candid to tell me what is meant or alluded to j and from you, ( 15 ) you, Gentlemen, I beg the favour to be informed. I am quite ignorant of law, as I believe you are acquainted, and, added to my general averfion to litigation, I fhould be particularly reluc- tant to engage now in any controverfy that might probably re- quire more time to decide than I propofe to remain in the coun- try. I fliall not feek any information in the bufinefs until I hear from you in anfwer to this. I am^ Gentlemen, Gardens^ Your moft obedient humble Servant, Thurfday morning, J. F R A S E R^ Meffn STAR K 3. Gentlemen, The reafons why the Executors of the will of Colonel Hannay demurred paying the promiflbry note demanded by Mr Frafer, was, becaufe they then had fome doubts of its being due ; and why they now demanded the return of it, is, becaufe they are fa- tisfied the doubts they then entertained were not groundlefs. If Mr Frafer is affured that the note of hand. has never, by any . R means,. ( i6 ) means, been difcharged, no informatioa we covild give ought te induce him to deliver it up ; and, in that cafe, we mufl try what a law-procefs can do, in eftablifhing our right to have it returned and cancelled. If, on the other hand, he is of opinion the Note is not juftly due, he cannot require our reafons for not paying it, to prevail on him to deliver it up when demanded. This you will pleafe to inform Mr Frafer, and, at the fame time, we expe(5t his final determination without delay. RAMSAY HANNAY. R To RAMS AT H ANN AT, Efq; Dear Sir, I EXPECTED to have had the pleafure of hearing from you yefterday. To put an end to this bufinefs of your brother s Note alto- gether^ I here inclofe it to be cancelled, which, I fuppofe, is all that can be required, I am, Gardens^ Dear Sir, Tuefday Morning, Yours mofl obediently, N. B. The isth April. J. F R A S E R. To ( »7 ) To JAMES F RAS E R, Efq, S I R, I HAVE received your letter, with its enclofure, the promif- fory note, granted to you by my deceafed brother, for the ba- lance of an Account Current. The recovery of this Note was certainly all the Executors had in view in the fteps they have ufed ; but^ as they have necejfarily incurred fame expence^ in employing counfcl, c^-'c. they expert that you I will inflantly grant you a bill on Calcutta for the balance. I am far from well, and living in a country which is as bad as the Fens of Lincolnfhire ; fo I fhall only add^ that I ever am, My Dear frafer, Your fincerely affediionate and faithful friend, • A L E X. H A N N A Y. (Signed) True Copy. J. F R A S E R. [The preceding letter was laid before the Arbitrators who fettled the Elephant account by Mr Frafer.] {The ( 23 ) ijrhe fabricated Letter.) My Dear Hannay, On the eve of my departure from Digah, I received your letter from the Fens. I hope they'll prove as fertile in preparing for the London Market as thofe of Lincolnlhire ; if not, I iliall for ever execrate them for the untoward influence they fuddenly have acquired on the temper of my friend. I have been at this place now till I am tired, and I hope to quit it by the middle of the month. I am writing to Harper by thefe fhips ; but^ my friend^ I never fent him any part of our correfpondence. I have al- •ways conftdered it of a private nature ; ivhen it becomes necejfary to fend him any correfpondence^ it mufi be formally carried on^ and figned by me as his acting attorney ^ and not your fiend. This neceflity, however, I hope, will never occur. The only thing we differ up- on is, his right to intereft on the fums you received through Mr Mlddleton, and had the ufe of, until your payment to me at Luck- now, of L. Sa. Rs. 35, GOO ; and this we can, at mutual convenience, refer to the opinion of fome friends. The claufe in my receipt to you was very proper, becaufe at that time the Nabob's bond for the balance, principal and intereft, afcertained in March 1777, about 30,000 Rs. was then outftanding, together with the balance of Poller's account, 20,000, inclufive of Intereft, drawn out by myfclf at your defire, and admitted by him with fome little va- riation in the batta. Thefe ( ^3 ) Thefe were the funds whence I expedled your ability to aid Harper; and I flill fincerely trufl you will be able to obtain cre- dit for thofe fums in the Fouzdar's accounts with the Vizier. I know 1 need not urge you — I know, full well, the trouble you have had in this concern — I was an eye-wltnefs to your perfeve- rance, when we were fellow-labourers at Afuph's Court — I know alfo the fincerity and difintereftednefs of your frlendfliip for Har- per : — but, my friend, confider the predicament I {land in be- tween you ; 1 have the happlnefs to be efleemed the friend of both ; and I hope never to have the misfortune of forfeiting any part of the" partiality of either of you. I love and efteem you both, and would adl equally for either ; and I am fure, my dear friend, you will, in cool refle(5lion, acquit me of any impropriety to either, in the application which feems to have dlfpleafed you, I mufl: pay another vifit to Lucknow, and fhall, if pofTible, ftorm your encampment in my way. You have not yet replied to my laji requifition o/" 20,000; but it is immaterial, as I am at prefent fuffi- ciently provided. News I know none, and politics we'll talk, of in your jungles. I am, &c. {J^rue Copy.) J. F R A S E R, Calcutta^ December i. 1780. [This letter was laid before the Arbitrators who fettled the Elephant account and was attefted by Mr Frafer to be a true copy of one he had written to Colonel Hannay.] T To ( 24 ) Z To COLONEL ALEXANDER HANNAT, E/q; My Dear Colonel, I HAVE often complained of your not writing from this place; but I was unexperienced. I am now only furprifed, that any man, not refident here, can ever write at all. I am here now ex- adly two months, and what with running about recognifing old friends, and forming new acquaintances, I find myfelf totally unfit for writing. Let this ftate of mind, and your own expe- rience, plead my apology for not replying to your letter on the fubjedl of Harper's affairs. I received it when I was bufy pre- paring for my trip hither, and not having brought it with me, I can now only tell you, that you were wrong in all your pofi- tions and fuppofitions. I never in my life fent the copy of a letter to one friend in this country to another out of it, in elucidation of biifi- vefs ; and I JJjould be little pleafed ivith any man that ivould ufe any part of my private correfpondence in that ivay. When J flmll have occafion to make ife of my correjpondence ivith yoiiy I -will fign myfelf as Attorney for Harper^ and not as your friend^ claiming your confidence. I will hereafter reply to your letter. This is an apology for the de- lay only. Perhaps you may expedl news : I wifli I could fatisfy your ex- pectation. The now military arrangements will, I believe, be complete by Tuefday, and take place immediately. Your Cap- tains will all be promoted to the rank of Majors ; but 1 hope you cannot be otherwife affeded. General Stibbert is here, and, I believe, ably aflifted by the experience and capacity of Mr Murray, tlie ( 25 ) t^Jie Company's General. P. Murray is aflinp; Adjutant-General; Colonel Hampton commands at the fort, and Colonel Blair at Ba- ruckpore; Colonel Pearce will, 1 believe, be ready to leave this in five days. The Mahratters, to the number of 18,000, with about 20,000 Pindarry lads, on this fide of the Maha Muddy, and the Black Gentry, frightened with the perfuafion of an irruption into Midnapore and Burdwan. I believe there is very little reafon for fuch an apprehenfion. It does not feem to be doubted by the fea- iaring people, that Goddard will be able eafily to convey his troops in open boats to the Myfore Country. And it can never be doubt- ed, that the veteran leaders on the Coaft will be able to fupport the reputation they have been diftlnguifhed for. It feems, how- ever, to be a very ferious bufinefs there. They depend on us for fupplies of provifion. About 50 vefTels have failed this month, and more preparing ; but a late capture of a vefTel in the Bay, by a French privateer, and intelligence of five or fix being cruifing about, has occafioned a great alarm, and will, I am afraid, create lome difficulties to our intended fupplies. I believe the Governor has it in view to make a ferious reform in the civil line, as well the revenue as commercial. It is fully as requifite in the latter as in the former. I return to Patna in a few days, and will write you thence; mean while believe me, as I truly am, Your afiedionate and faithful friend, Calcutta, December 24. 1780. J. F II A S E R. (Compliments of the feafon to you,^ N. B. The above letter was found amongft Colonel Hannay's papers at the time Mr Frafei's accounts were difcovered ; and it was by comparing it with the _ foregoing one, dated .ft December, that they were led to conclude "that the laft (the one of the ill of December) was fabricated, T9 .( ^6 ) To R A M S AT H A N N A X\ E/q, Dear Sir, Understanding you are the aifllng Executor of your late- "worthy brother Col. Hannay, I take the liberty to apply to you on the fubje(S of an account between him and Captain Gabriel Harper; it originated in a concern of Elephants furnilhed the Na- bob of Oude in 1774. I received 35,000 Lucknow Siccas, from Col. Hannay, on my receipt, to account, at Lucknow, in 1779; about 50,000 remained at that time to be realized, which, together ivith fame difficulty Col. Hannay found in afcertaining exaflly the a- jjioiint of his own disburfefiients for the concern, delayed a final ad- juftment at that time; and the deal of bufinefs in which he was afterwards engaged prolonged the delay, though on fubfequent applications he repeatedly promifed to finifli the bufinefs. I hope the tranfaflion appears fufficiently clear on his books and papers ; if not, be pleafed to inform me, and I will furnifli materials. Mr Middleton was acquainted with the circumftance of the joint con- cern, &c. as well as his moonfhies, and Lieut. Long, who lived, with Capt. Harper at the commencement. I am, Sir, Your's, moft obediently, O^ober26. 1782. J. ERASER. ExtraH ( 27 ) Z** Extraa of a Letter from Mr ERASER to Mr R. HAN NAY, dated, Cojfapore, 2<^th O^ober 1782. Sir, It is with much regret I read in your note, that your late bro- ther's papers do not throiv any light 07i the tranfaftion ivith Captain Harper ; and I mod fincerely lament the reludlance your brother had to fetting about an adjuftment of it. It proceeded, I believe, and indeed I am pretty certain he told me fo, from the difficulty he found in ajcertaining the a^lual disburfements made for the concern for the Elephants proceeding up in three different herds, ivhen he ivas him- felf in Oude. He was obliged to requeft different friends at the different Jlations, which make the Account branch out, and pro- bably it became blended with other concerns. It is unlucky that this' account of the charges had not been afcertained, as it may prove the mofl difficult part in any prefent arrangement. A a To RAMSAY H A N N A Y, Efq; S I R, I WAS happy to underftand by your letter of the 30th, that you had found fome Accounts relative to the Elephants ; and / fondly hope, that on a proper arrangcfuent of the materials ivhich that U bundle ^( / V ( ^8 ■) bundle may prodnu^ the Executors will be able to form a decided view of the bufinefs. — I have, as you defired, written to Col. Po- ller, and made application for a copy of the Account adjufted with the "Vizier's Minifter in the year 1777. 1 have alfo written to Mr Middleton ; but I repeat my hope, that you will find mate- rials fufficient among the papers of the deceafed. It is my wifti, that any difficulty which may occur fhall be left to the determi- nation of fome gf the mutual friends of thefe Gentlemen, who were themfelves fo intimate, and confident in each other. I am very fenfible that the Executors have the fame point with me in view, a fair and equitable ftatement; and 1 doubt not they will equally defire as early a conclufion as poffible. I am, Sir, Your moft obedient Servant, J. ERASER. Coffapore, Nov. 4. 1 782. * The hundle alluded to in the foregoing letter, was one which Mr Hannay found amongft his brother's papers, indorfed Elephant accounts, the contents of which, although very defeftive, were all the papers he could at firft difcover, x-e- lating to this fubjeft, from whence he concluded that there were no more, or that they muft have been miflaid up the country, or loft. Mr Frafcr's own accounts of dijhurfment for elephants, as agent for Col. Hannay, was not found until the ri- gorous fearch fome months thereafter, in confequence of the demand of the Note of hand, and the refufal to produce explanatory accounts. Extrafi ( 29 ) B b Extras from Mr Trafcrs Letter to Mr Hannay, dated 22d Decem- ber iy82,from ivhence it appears^ thai the amount charges on the Elephants -was not then a/cerlained. These are the articles which compofe the account, and if you can aj certain the amount^ cofl^ and charges upon elephants^ the principal difficulty will be removed. If you cannot, the readiefl: method, I apprehend, will be for the Gentlemen arbitrators to fix what they may fuppofe an equitable fum. The only other article of difil- culty, I conceive, is whether Colonel Hannay is chargeable with interefl on his receipts of cafh from MrMiddleton. Capt. Harper's claim to his proportion of the intereft actually received from the Vizier and Colonel Poller will necelTarily be admitted, as things of courfe ; and on thefe two points of the elephant charges, and in- terefl: on Middleton's payments, refts the only difficulty, in my conception, &c. December 22. 1782. J. F R A S E R. C c To ROBERT STEWART, Efq; SIR, I RECEIVED your note of yefterday, repeating your refufal to anfwer my demand of the 25th, and I did not intend to reply to- it. As the laws of honour fufficiently provided my remedy in ihat cafe, my mind was made up ; but the Meeting, after honourably acquitting V ( 30 ) acquitting me of the ill-founded charge you either expreffed or infinuated to my prejudice, fo ftrenuoufly infifted on my promi- fing to them to feek no further redrefs, that I yielded, perhaps indeed the more readily, as my refentment was againft the mali- cious, and not the mifled man ; I am therefore now at liberty to re- ply to the paragraphs of your letters I formerly pafTed over. You appeal to my recolledlion, that your good- will was reciprocal. / do not doubt that it ivas ; but it fo happened, that in our pro- grefs through life you found it feveral times convenient to give me an opportunity of fliewing my inclination to be ufeful to you, and 1 do not recollecfl that any fuch opportunity ever occurred for me to put you to the trial. You deny having any malevolence to me, and you deny having mifreprefented me to Colonel Harp- er; I fhall therefore admit both denials in the full and literal fenfe of the words : but it was intimated to me, that, among other things, you affured Colonel Harper, that I had received near forty thoufand Rupees on his account from the eflate of Colonel Hannay, under your award and knowledge ; whereas you well know the fum I received was CtRs 25,195 10 2, and the full amount of every claim I made admitted by the arbitrators in their firft award, and confirmed in their fecond, under your hand, to /* be jufl and fair. As to the pomp with which you, for the firft time, inform me that you had withdrawn yourfelf from my fociety, I can honeflly alTure you I never miffed you : You did me the honour frequently to invite me to your abode at the Powder Mills in 1780, and to your refidence near Calcutta in 1782 and 1783 ; but it fo happened, that I never vifited you at either place, fo of courfe I did not afk you to my houfe ; our intercourfe there- fore was in accidental places; and from the time of the lafl arbi- tration, to our late interview at the India Houfe, I do not recol- le(fl feeing you, except once paffmg in my palanquin, and an- other time at Mr Wheeler's levee, while I was writing in his clofet. —You ( 31 ) —You were not in Calcutta, I believe — the reafon I did not afk cither Colonel Crabb or Major Law, was, that they had, like ho- nourable men, already declared their opinions, and that I wiflied to give the other three gentlemen, with each of whom I flood in a particular predicament, the befl opportunity of being convin- ced of the falfity of the reports to my prejudice, by fifting the grounds of them. One of them has been for many years con- neded in account with me; another has had large properties under my management ; and a third has been fpoken to by a man of great refpetftability, who had heard fomething of the reports. In refpecfl to your epithets, at firft, ftrongefl grounds, facls, and pofitive proofs, afterwards dwindled to impreffions : I fliall be content by quoting, " Inaccuracies in accounts and correfpond- ence are fufBcient to have mifled Captain Stewart." But you fbould not have faid the nnatter of my demand on Colonel Han- nay's Eftate, onmy own account, came judicially before you, as one of the arbitrators between the eftate and Colonel Harper, as neither 1, who was a party, nor any of the Gentlemen on the part of Colonel Harper, ever were made acquainted ; and I con- iidered them as perfedlly dinin(5l and feparate as any two tranf^ a<5tions in the hands of the fame individuals could well be. I have done with the bufinefs, and fliall only beg I may not have the honour of being the next fubje<5l you fhall be pleafed to make free with. I am, Sir, Your moft humble Servant, York-Jreet, St James s-fqnare, J. F R A S E R, March 31. 1785, N. B. Mr Frafer (hewed a copy of the foregoing letter (with what view cannot be tnifunderftood) to one of his friends, without letting him fee my anfwer ; from whence it is fair to conclude, he made the fame ufe of it to others. X To ( 32 ) D d To JAMES F RA S E H, E/r, S I R, Your letter of the 31(1 ult. came to my hands the night of that day after I had left my lodgings preparatory to quitting London ; I have, therefore, not been able to acknowledge the re- ceipt of it until now. My replies to your demand of the 25th were uniform and confiflent, and my mind was, probably, as much made up on the fubjedl as yours. I truft I know enough both of the laws of honour and honefty, not to deviate from the rules of either in any inflance. You obferve, " Thai I found it fever al times convenient to give you an opportunity of fJoeuuing your inclination to be ifefiil to me" from whence, I prefume, you mean it fhould be underftood you was ufeful to me. Had that really been the cafe, 1 would chearfully have acknowledged it. But I had fo little reafon to be fatisfied with your conduct in the tranfadion of the little matters I ever recolle(fl troubling you with, whilft you relided at Dinapore, that 1 fhould have thought myfelf peculiarly fortunate, had I availed myfelf of the fervices of any other perfonal acquaintance in that quarter. I allude to the Cochineal and the Mill-ftones, the only cafes where I remember putting your inclinations to be ufeful to the trial, and which I had great reafon to regret having done. Colonel' ( 33 ) Colonel Harper had heard that I was an arbitrator in adjufling his account with Colonel Hannay, and naturally aflted me about it. I narrated to him every particular regarding the arbitration, and the revifion of it, from firfl: to laft. Of fums I could only fpeak from memory, having no notes. Part of the money reco- vered of Colonel Hannay's ellate, was on account of the late Cap- tain Burton. Colonel Harper may have confounded this with the fum received on his own account. 1 had no motive to fay any thing to him but the truth, which I did, on all points, to the beft of my recolle(flion. Whether, in intimating to you, for the firft time, the circum- ftance of my withdrawing myfelf from your foclety and acquaint- ance, I have ufed terms of pomp unfuitable to the occafion, is immaterial. The fimple fa (51 is, that, after the fecond arbitration, I refolved to have as little future connecflion with you as poflible. Upon every occafion when we met thereafter, my perfonal de- portment and behaviour was the very reverfe of that perfetft cor- diality towards you that before influenced it. Your own breaft, 1 never doubted, would fuggefl to you the caufe. What you faid and fliewed to Colonel Crabb and Major Law, may have been juft and fair, and there is no doubt they would give their opinion, like honourable men, on the cafe before them. But to have made them mafters of the fubje6l, you fliould have referretl them to the papers in the hands of Mr Hannay. As it was, they decided on ex parte evidence, and every one knows- what fort of deciiions thefe are. You fay, " In refpeft to your epithets, at firft, ftrong grounds.. fa<5ts, and policive proofs, afterwards dwindled to iinpreflions ; I ihall be. content, by quoting inaccuracies in accounts and corre-- r^fpondenoey ( 34 ) fpoadence, as fufEclent to have mifled Captain Stewart." As you Teem to prefs this on my attention, I fhall obferve, that, al- tered opinion, conckifions to your difad vantage, or impreffions, are, in my idea, nearly fynonymous ; they follow as natur illy from, and are connected with, firongell grounds, ficfls, and proofs, as anyeffedl with a caufe. In whatever words conveyed, my fenti- . raents on this head were entirely the fame on the laft day I wrote you as on the firft. They have been too deliberately formed to admit of change. Thofe who know us both, who know that no perfo- nal difference ever fubfilled between us; who know that you are efteemed a clear-headed man of bufmefs ; and that I, from ha- ving been originally bred to bufinefs myfelf, may be fuppofed a tolerable judge of tranfa(5lions connedled with it, may be aflo- nifhed what " inaccuracies in your accounts and correfpondence could miflead me," to draw the conclufions of you I did, from your condu(5l to Colonel Hannay's Executors. After hearing what you had to f ly, if they examined the documents in the hands of Mr Johnfton Hannay, they would have the fubject fully before them, and would judge for thetnfelves. This, every perfon who takes the trouble of informing himfelf on the fubjed will, no doubt, do, notwithftanding all that has been faid or written about it. When you firft demanded payment of the late Col. Hannay's Note of hand, and dated it to be independent of the fmall balance he owed you in account, the Executors wiflied to have fome expla- nation how it arofe, and to have Ceen. copies of former accounts between you and the Colonel. This, you feemed at firft difpofed to grant them ; but you immediately thereafter declined it, faying, you meant to have fent them fome letters and papers for their pri- vate fatisfaclion, but that you did not expe<5t to be called on for voucher's in fupport of tlie Note of hand, which you claimed on its own ( zs ) own principles, holding it to be of nearly equal validity with a bond. You intimated an intention of prolecuting for the amount, which roufed the Executors to fearch the papers of the late Colonel n with a diligence they had not before exerted. They difcovered all your accounts with the Colonel for many years back ; whereby it appeared, that the Note of hand had been liquidated all but the fmall balance in account, which you claimed independent of it. /\ The principal obje<5l to be arbitrated in the Elephant concern, be- tween Colonels Hannay and Harper, was, whether the former fliould allow the latter intereft on his (the hitter's) proportion of fums received on their joint account, during the time the former 'had the ufe of them. As the Account-Current between them had never been fettled and clofed, and as it was not the prad^ice of the Court of Juftice in Bengal to allow intereft on open accounts, the Executors confidered, that it could not of courfe have been reco- vered of them in a fult at law. You mentioned to me individual- ly, and to all the arbitrators, that you had demanded this intereft of Colonel Hannay during his lifetime; and you produced a copy of a letter from yourfelf to him, making fuch a demand, which feemed to eftabliCh a legal claim to th^ inter^. In the fearch juft alluded to, the Executors difcovered an original letter from you to the Colonel, which made them conclude, for various rea- .fons that occurred on comparing the two together, that the one \ making the demand of intereft never had been written. They further difcovered an account of charges for the Elephants, pai-d by yourfelf on account of Colonel Hannay; but you had given him no credit for Harper's proportion of this, confequently the balance againft Hannay became fo much the greater. The Exe- cutors therefore defired a revifion of the arbitration, becaufe they had reafon to think the arbitrators had decided on improper in- formation; and they found it neceffary to fend foE, and make me and the otlier arbitrator particularly acquainted with all the above Y difcoveries. ( 36 ) difcoveries, and every circumftance relative to the delivery up of the Note of hand, to put us on our guard againft admitting any papers, on a revifion of the arbitration, of the authenticity of which we had not the mod pofitive proof. From this minute detail, which your remarks " but you Jhould not ha've faid^'' 8cc. has forced me to enter into, you will find I was pcrfedlly corredl in afTerting, that the fadls relative to you came judicially before me as an arbitrator, or were communica- ted with the necell'ary papers by the Colonel's Executors, as origi- nating from, or having an intimate connection with, tranfa<5lions that were to pafs under my view as an arbitrator; for thefe I be- lieve were nearly the words I ufed. You obferve, that the full amount of every claim you made was admitted by the arbitrators in their firft award, and confirmed in the fecond, under my hand, to be juft and fair. Such words were never ufed that I recolledl. In the firft award we certainly did not admit your claims in their full extent. In revifing this award, the authenticity of fome papers and accounts produced by you from Lucknow, was particularly inquired into and afcertained, which had not been done before. We confirmed the grant of the in- tereft, not becaufe you had eftablilhed a legal right by demanding it of Colonel Hannay, (for your copy of the letter to that pur- pofe was thrown afide altogether), but becaufe it was, on other grounds, fair and equitable. It was further determined, that Colonel Hannay 's account fhould have credit for the above charge on the Elephants paid by you, and it was to have been debited for fome Intereft (I think) on a fum received by Colonel Hannay, for the Elephant concern, at an earlier period than it was known ^t the firft award to have been received. There ( 37 ) There may have been other articles to be carried to the debit and credit, which I do not recollc<5l. In this ftage of the bufmefs, Major Davy (one of your arbitrators) remarked, that new model- ling the account in the manner it ought to be made out, would make no very material difference to either party. He therefore propofed, that the old award fhould be confirmed. To this, un- der a feeming impatience of taking further trouble, Mr Ramfay Hannay, the ading Executor, afTented, not a little to the furprife of the other Executor, who was prefent, as well as that of their arbitrators. As he had acquiefced, however, the latter had no- think further to do. This is the hiflory of the fecond award, or confirmation of the firft, w^hich I am led to give, to the befl of my recoUedlion, in confequence of the flrefs you appear to lay upon it. In reply to your laft paragraph, I (hall obferve, that as I do not recoUecfl ha- ving gone out of my way to trouble myfelf about you, or any thing concerning you, fo fliould they happen to come in my way hereafter, I fliall treat them with the fame freedom, and the fame adherence to truth, I would any other fubjed. To conclude, I have only to exprefs my hope, that this will terminate our correfpondence of every fort ; for though I difclaim all malevolence or perfonal animofity, I am not more folicitous than I was before of having the honour of being numbered a- mongfl your acquaintances. I am, Sir, Your obedient Servant, R. STEWART. Falmouth^ S^k April i-j^S' {Aivard?) ( 38 ) E e {^Award.) AT a meeting this day, May 30. 1785, at Mr Bailie's, of Ca- vendifli-fquare, of us the under figned, to inquire into a money- matter tranfadlion between Mr James Fraler, of York-ftreet, St James's, and the Executors of the deceafed CoK Harmay, which has been reported to the prejudice of the faid Mr Frafer, as having had finifter motives, and an abfolute intention to defraud the a- forefaid Executors ; this is to certify, That we have carefully in- veftigated the fame, and, after the moft particular inquiry, our opinion is, that Mr Frafer is acquitted of any intention to de- fraud ; at the fame time, it is our opinion, that Mr Frafer's in- accuracies in his accounts and correfpondence are fufEcient to have mifled Captain Stewart : And we unanimoufly agree, that this difpute ihould not be carried further by either of the partiesj and that Mr Frafer fliould not feek any further fatisfadion. T. Conway. W. CAivrPBELL. M. RiDDELL. H. Bailie. S. Fraser. a. Balfour. F f To Mejfrs William Ccwiphclly Arthur Balfour ^ Miihael RidJelL Gentlemen, As Mr Frafer and his friends have, during his canvas for the Eaft-India Direiflion, taken the liberty of fliewing every where the award given by you and the other Gentlemen at this place in 1785, ( 39 ) tjSs, adding comments and infinuations injurious to my clia- radler, I cxped, from your juftice and candour, that you will authoriie me publicly to declare the difficulty you- found your- felves under at the meeting of the arbitrators, and the impolTibi- lity of going thoroughly into the bufmefs of Mr Frafcr's conducl to Colonel Hannay's Executors, owing to the pre- determined re- folution in his favour, with which his referees appeared to have come to the meeting. From this circumftance any man may judge of the impartiality of the award. This award exprefsly fays, that the matter was not to be car- ried farther by either of the parties. In diredl contradi6lion to this, however, Mr Frafer took occafion to write me a letter, in a very triumphant ftyle ; and to reafbn from the words of the award, in a manner I felt moft galling. This circumflance led me to draw up a narrative of the whole bufinefs^ from firft to laft, for the purpofe of fatisfying my particular friends of the motives and propriety of my condud. That, however, I might do nothing underhand, I informed Mr Frafer thereof, at an accidental meet- ing on the I ft of May laft, offering to give him a perufal of it, which he declined, faying, if 1 ufed it,, he would take my life; a threat I treated with the contempt it deferved, though from the annexed affidavits, it might be thought, that Mr Frafer had fome fuch intention. You have frequently expreffed to me, individually, that yotr thought I was juftified in what I had done; and as I conceive that Mr Frafer has, in feveral articles of his condudl, infringed the award, I mean to lay all the particulars of it before the Public. Your very humble fervant, Londmi, Aprils. 1787. ROBERT STEWART. 2 To. ( 40 •) Gg T9 ROBERT STEM^ART, EJq; Sir, London^ 4th Jpril lySy. We have received your's, of this date; in reply to which have to inform you, that finding Mr Frafer's Arbitrators would not ad- mit the idea of his being capable of any improper motive, we were prevented from entering into fo full an inveftigation of the bulinefs as would have enabled us to give any decided opinion on the point ; and we are ready to acknowledge, that in giving this award we were influenced by motives of humanity, and a defire to prevent any difagreeable confcquences that might follow : and we declare, that nothing could have induced us to fign the award, had •we conceived it pofllble that it would in any way have been iti- terpreted fo as to throw the moft diflant reflection on your cha- radler. And we are extremely forry to obferve, that Mr Frafer, by the letter he wrote to you fubfeqvient to the award, which was accepted by him as final, has given occafion again to open the bufmefs, ' We are, your moft obedient fervants, WILLLIAM CAMPBELL. A. BALFOUR. M. RIDDELL. H h WESTMINSTER,) To Wit, The Information o/* William Bird, Builder, of Fritices- Jireet, St Anne. Who being upon oath, fays. That about a month, or five ■weeks ago, being in company with Henry Lowrie, of Ogle- ftreet. / ( 4> ) fVi-eet, St Mary-fe-'Bone, ahid Benj:nnln Harrdy^; of tH'e fame j)lace; he heard' towry fay' W Hardy, th:it he had been v defired by Mr Frafer to enquire after the places ufually re- ibrted to by Captain Stewart ; that Mr Fi'afer faid, he would fpare. no ex^ncC t<> lejirh. " M'r Hatdy defired to know, what Mr Prafer's re'afons were for making thefe enquiries,- when faid J.owry rephed, th^c Mr Frafer had' told hirn, lie belie- ved Captain Stewart had come over from India, on purpofe to be an evidence againfl Mr Haftings, Ar wt>fdl'"^o that purpofe; tliereFore lofe tio iirfie, {added IVIr Frafer),- but en- ' ' deavour to watch him ; if he takes a coach, do you take another, and follow him ; fee and make ypurfelf acquainted with his clerk; no money fliall be -> wanted, .provided you can find out the places he-^'of^Vts tp, The deponent further fays, That he, the faid Hardy, in reply to the above, obfer- ved, that he thought he, the faid Lowry adled in a very im- proper manner, and not like a tradefman at all, in under- taking fuch a bufinefs ; to which faid Lowry anfwered, that" that was the opinion of Mr Frafer, who, he added, wiflied him not to do any thing in the bufinefs, and that he ought to tell Mr Frafer, that Captain Stewart was gone out of town, {lie, Mrs Frafer, being refolved to get Mr Frafer out of town as foon as poffible : That, in the further Courfe of the converfation between the faid Lowry and the faid Hardy, he, the depori^nt, le^i^ned' that therfe had beeil fome difpute between Mr Frafer arid 'Capt. Stewart, which Mr Hardy feemed to think might eventually prodvice bad confequen- ces; for he obferved,th^t if Capt. Stewart lofl Jiis life, it was a fin. which. he.T Lowry, would have to anfwer for one day, or words to that'purpofe. The deponent further fays. That from the earneftnefs which Mr Frafer had ihewn in the bufmefs, he concluded it , was ibmething-immediately con- '' cerning cerning himfelf, and not Mr Haftlngs, which made him adl in the manner he had done; and as he had reafon to beUeve- that bad defigns were formed againft Captain Stewart, he thought it his duty, as an honeft man, to inform him there- of. He further fays. That he has heard faid Lowry fay to Mr Hardy, that he had been delired by Mr Frafer to try to be- come acquainted with the chairmen in the neighbourhood of where Captain Stewart lived, in order to learn if they carried, any letters for him, the faid Stewart, that he might fall on fome means of intercepting them. J. B I R D. Sworn this loth day of June 1786, before me,. JOHN HALE, I i MIDDLESEX,! To Wit. S The Information of Henry Lowry, of N° 40. Ogle-flreet^ Si Mary 'le- Bone y Cabinet-Maker^ taken before me this gth Day of June 1786. Who being upon oath, fays, That about a fortnight or three weeks ago he was defired by Mr James Frafer, of Gold- cn-fquare, to make inquiry (and privately as he believes) when Captain Stewart, of N° 85. in Newman-ftreet, intended to go out of town, where he ufually dined, and at what hours ( 43 ) hours he generally went out : That he this informant went two or three times to N° 85. in Newman-ftreet, under pre- tence of hiring lodgings ; but with intent to get the infor- mation above mentioned : That he alfo made inquiries of the chairmen, and at a public-houfe in the fiiid ftreet for faid purpofe: That at one of the times when he called at N° 85. in Newman-ftreet, he told the maid -fervant that he fhould be glad to fee Captain Stewart in the ftreet, but did not wifli to fpeak to him in his own lodgings : That on Sa- turday lad he faw faid maid-fervant at the Blue Pofls, in faid ftreet ; that he afked her at what coffee- houfe Captain Stewart ufually dined, and believes he added, that if ihe would tell him, he would make it worth her while : That about a week fince, he told Mr Hardy, with whom he lod- ges, what inquiries Mr Frafer had defired him to make, when faid Hardy faid, that he thought it a very black bufmefs and that he, laid Hardy, w^ould not be employed in it. And this informant further lays, Ihat he himfelf thought that the making the before-mentioned inquiries, particularly from the manner in which they were required to be made, was a very improper bufinefs for him to undertake, and that he Ihould not have done it, if he had not been afraid of loiing Mr Frafer's bufinefs as a cabinet-maker. That Mr Frafer defired this informant to follow Captain Stevirart, when he fliould fee him in the flreet, and let him know where he went ; and alfo that he this informant ihould get acquainted with Captain Stewart's clerk, in order to learn with more certainty where the Captain ufually dined. HENRY LOWRY. Sworn before me this 9th day of June 1786. Saivipson Wright. A ai The ( 44 > The faid Henry Lowry further faid, That he had been jnftru<5led by Mr Frafer to find out the hours at which Cap- tain Stewart ufually came home at night; and that Mrs Fra- fer having found out that fome fecret bufmefs was going on between him the faid Lowry and Mr Frafer, about Captain Stewarr, expreifed her apprehenfions of the confequences, as flie faid they (Frafer and Stewart) had had fome difpute,, and (he wifhed Lowry not to continue his inquiries. This he declared in prefence of, and to uSj JAMES CARMIGHAEL SMYTH. D. SCOTT, K k BuxaKy Oftoher 13. 1776, Current Rupees, 10. 120. 8, 6. I. prcmife to pay to James Frafer, Efq; or his order, the fum of Ct Rs 10. 120. 8. 6. fay ten thoufand one hundred and twenty current rupees, eight annas, and fix pice, being the balance of our account to this day^ as witnefs my hand ALEXANDER HANNAY, N. B. This Note never was in my hands till yefierday ; but an obfervation arifes upon it, which, had 1 £tt\\ it in time, might have rendered unneceffary much of the reafoning ufedJn my Narrative. For, it appears upon the face of it, to have been given for the ba^ lance of the account delivered in on the 9th of Odober 1776; and it muft neceffarily have ftrnck Mr Frafer, every time he look- ed at it, that it conflituted part of the account-current delivered. in in the year 1781. ^/iW/8. 1787. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRAK?Y This book is DUE on the last date stamped below Form L-o aom-l.'4l(1122) P8S8 Narrative of a Trans- action wlilchr- passed In Bengal. DSMCO >WN -x-CT 1508 pass D OOU 714 055