"ملخص لشؤون الساحل الفارسي والجزر، ١٨٥٤-١٩٠٥، بقلم ج. أ. سالدانها، بكالوريوس القانون" [و‎‎٥‎٩] (٢١٢/١١٧)

105
having warned Marwareed's partners to be ready to proceed to Bushire with their
books, witnessess, etc., etc., should they be sent for. Colonel Prideaux for his
part reported the occurrences to Mr. Thomson, who demanded the immediate des
patch of the defaulter for trial and the adoption of measures to assure the safety
of the Hindoo at Kerman. The Persian Minister for Foreign Affairs thereupon
wrote an order to the Governor of Kerman, which is well worthy of attention as
• Enclosure No. 3 of Mr. Thomson's letter to ^ distinctly allows the Resident's right to
Earl Derby, No. 162, dated 3rd November 1876. deal with the case. The Minister* said:
" The British Legation has a distinct right to force and urge upon its subjects to do
t Marwareed's. justice. Under such circumstances why should
hisf removal to Bandar Abbass be every day
put off and the affair become difficult, and in the end give rise to serious trouble ?
" Ali Beg, an employe of this Department, has been despatched to take Mirza All
t Marwareed. Akbar| without any further delay or excuse
to Bandar Abbas, in order to settle his affairs
with his creditors through the officer appointed by the British Resident"
359. In communicating the foregoing particulars to Earl Derby, Mr. Thom
son made the following remarks which are also deserving of notice
" It was arranged that a special Agent or Mohussil with another Mission Gholam should
be despatched to Kerman to see that the previous orders were enforced ; but I found that
great delay took place here in giving effect to this arrangement in consequence not of any
attempt to question our distinct right in the matter, but^ as I believe, because the Shah
and his Minister are anxious to favor Marwareed as much as possible on account of his
being a convert to Muhammadanism, and in order to give by such delay an opportunity
for a compromise oj the disputed claims being effected at Kerman, the Mujtehid having
opened a subscription there with a view to raise funds for Marwareed with this object.
In my official communications with the Minister for Foreign Affairs, verbal and written,
urging upon him immediate action in the matter, I informed the Persian Government that
no settlement of the case could take place at Kerman, and that the parties must be sent
to Bandar Abbas in order that the case should be adjudicated by the Resident either there
or at Bushire."
360. The order of the Minister for Foreign Affairs quoted above proved
successful. On the 20th of November the Governor of Kerman started Mar-
j Mr-Thomson to Etri Derby, No. 174, dated wareed on his journey to Bandar Abbas.§
a8th November 1875. ^ On the 6th of January Colonel Prideaux
reported that the defaulter with three Hindu witnesses had arrived at Bushire,
and that an investigation into the claims against him would be opened immedi
ately.
In his telegram of the 20th instant Colonel Prideaux asked :—
"Has the Resident at Bushire legal power to pass a sentence of imprisonment to be
carried out in the Bombay Jail.
" There is no precedent, and I ask with reference to the case of Marwareed, the
Hindu convert, should it be necessary to try him on a criminal charge."
361. Our letter No. 673-^ dated 26th March, Lieutenant-Colonel
Political A., August 1877, Nos. 42-45. Prideaux was desired to try Marwareed
himself at Bushire, and to carry out at
that place the sentence passed on him in such manner as might appear to him
(Lieutenant-Colonel Prideaux) to be most advisable.
Accordingly the prisoner was tried by him on the 25th of June under
I Criminal breach of trust. s 6 ^, 0 " .4 0 9ll of the Indian Penal Code
and having pleaded guilty was sentenced
to undergo six months' rigorous imprisonment.
In case the punishment should appear disproportionate to the gravity of the
man's offence. Colonel Prideaux explained that he thought it right to take into
consideration the fact that he had already suffered six months' detention at
Bushire, as well as the difficulties attendant on carrying out the execution of the
sentence in a place where there was no regularly organized jail.
362. Under these circumstances Colonel Prideaux's proceedings were
approved.
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