collusive acquittals. When
this matter came to be examined, according to the orders of the Court,
which was on the 4th of October, 1762, the Council consisted of Peter
Maguire, Warren Hastings, and Hugh Watts. Mr. Hastings had by this time
accomplished the business of Resident with the Nabob, and had taken the
seat to which his seniority entitled him in Council. Here a difficulty
arose _in limine_. Mr. Hastings was represented to have acted as
interpreter in this business; he was therefore himself an object of the
inquisition; he was doubtful as evidence; he was disqualified as a
judge. It likewise appeared that there might be some objection to others
whose evidence was wanting, but who were themselves concerned in the
guilt. Mr. Lushington's evidence would be useful, but there were two
circumstances rather unlucky. First, he had put the seal to the
instrument of murder; and, secondly, and what was most material, he had
made an affidavit at Patna, whilst the affair was green and recent, that
he had done so; and in the same affidavit had deposed that Warren
Hastings was interpreter in that transaction. Here were difficulties
both on him and Mr. Hastings. The question was, how to get Mr. Hastings,
the interpreter, out of his interpretation, and to put him upon the seat
of judgment. It was effected, however, and the manner in which it was
effected was something curious. Mr. Lushington, who by this time was got
completely over, himself tells you that in conferences with Major
Calliaud, and by arguments and reasons by him delivered, he was
persuaded to unsay his swearing, and to declare that he believed that
the affidavit which he made at Patna, and while the transaction was
recent or nearly recent, must be a mistake: that he _believed_ (what is
amazing indeed for any belief) that not Mr. Hastings, but he himself,
interpreted. Mr. Lushington completely loses his own memory, and he
accepts an offered, a given memory, a memory supplied to him by a party
in the transaction. By this operation all difficulties are removed: Mr.
Hastings is at once put into the capacity of a judge. He is declared by
Mr. Lushington not to have been an interpreter in the transaction. After
this, Mr. Hastings is himself examined. Your Lordships will look at the
transaction at your leisure, and I think you will consider it as a
pattern for inquiries of this kind. Mr. Hastings is examined: he does
not recollect. His memory also fails on a business in whic