affected; while some stalks of the affected 'alsī' must have been left by accident. Besides, in several of the adjoining districts, where the 'alsī' remained in the ground, the wheat escaped. I found that, about the time when the blight usually attacks the wheat, westerly winds prevailed, and that it never blew from the east for many hours together. The common belief among the natives was that the prevalence of an east wind was necessary to give full effect to the attack of this disease, though they none of them pretended to know anything of its modus operandi—indeed they considered the blight to be a demon, which was to be driven off only by prayers and sacrifices.
It is worthy of remark that hardly anything suffered from the attacks of these fungi but the wheat. The 'alsī', upon which it always first made its appearance, suffered something certainly, but not much, though the stems and leaves were covered with them. The gram (Cicer arietinum) suffered still less—indeed the grain in this plant often remained uninjured, while the stems and leaves were covered with the fungi, in the midst of fields of wheat that were entirely destroyed by ravages of the same kind. None of the other pulses were injured, though situated in the same manner in the midst of the fields of wheat that were destroyed. I have seen rich fields of uninterrupted wheat cultivation for twenty miles by ten, in the valley of the Nerbudda, so entirely destroyed by this disease that the people would not go to the trouble of gathering one field in four, for the stalks and the leaves were so much injured that they were considered as unfit or unsafe for fodder; and during the same season its ravages were equally felt in the districts along the tablelands of the Vindhya range, north of the valley and, I believe, those upon the Sātpura range, south. The last time I saw this blight was in March, 1832, in the Sāgar district, where its ravages were very great, but partial; and I kept bundles of the blighted wheat hanging up in my house, for the inspection of the curious, till the beginning of 1835.378
When I assumed charge of the district of Sāgar in 1831 the opinion among the farmers and landholders generally was that the calamities of season under which we had been suffering were attributable to the increase of adultery, arising, as they thought, from our indifference, as we seemed to treat it as a matter of little importance; whereas it had always been considered under former Governments as a case of life and death. The husband or his friends waited till they caught the offending parties together in criminal correspondence, and then put them both to death; and the death of one pair generally acted, they thought, as a sedative upon the evil passions of a whole district for a year or two. Nothing can be more unsatisfactory than our laws for the punishment of adultery in India, where the Muhammadan criminal code has been followed, though the people subjected to it are not one-tenth Muhammadans. This law was enacted by Muhammad on the occasion of his favourite wife Ayesha being found under very suspicious circumstances with another man. A special direction from heaven required that four witnesses should swear positively to the fact.
Ayesha and her paramour were, of course, acquitted, and the witnesses, being less than four, received the same punishment which would have been inflicted upon the criminals had the fact been proved by the direct testimony of the prescribed number—that is, eighty stripes of the 'korā', almost equal to a sentence of death. (See Korān, chap. 24, and chap. 4.)379 This became the law among all Muhammadans. Ayesha's father succeeded Muhammad, and Omar succeeded Abū Bakr.380 Soon after his accession to the throne, Omar had to sit in judgement upon Mughīra, a companion of the prophet, the governor of Basrah,381 who had been accidentally seen in an awkward position with a lady of rank by four men while they sat in an adjoining apartment. The door or window which concealed the criminal parties was flung open by the wind, at the time when they wished it most to remain closed. Three of the four men swore directly to the point. Mughīra was Omar's favourite, and had been appointed to the government by him, Zāid, the brother of one of the three who had sworn to the fact, hesitated to swear to the entire fact.
'I think', said Omar, 'that I see before me a man whom God would not make the means of disgracing one of the companions of the holy prophet.'
Zāid then described circumstantially the most unequivocal position that was, perhaps, ever described in a public court of justice; but, still hesitating to swear to the entire completion of the crime, the criminals were acquitted, and his brother and the two others received the punishment described. This decision of the Brutus of his age and country settled the law of evidence in these matters; and no Muhammadan judge would now give a verdict against any person charged with adultery, without the four witnesses to the entire fact. No man hopes for a conviction for this crime in our courts; and, as he would have to drag his wife or paramour through no less than three—that of the police officer, the magistrate, and the judge—to seek it, he has recourse to poison, either secretly or with his wife's consent. She will commonly rather die than be turned out into the streets a degraded outcast. The seducer escapes with impunity, while his victim suffers all that human nature is capable of enduring. Where husbands are in the habit of poisoning their guilty wives from the want of legal means of redress, they will sometimes poison those who are suspected upon insufficient grounds. No magistrate ever hopes to get a conviction in the judge's court, if he commits a criminal for trial on this charge (under Regulation 17 of 1817), and, therefore, he never does commit. Regulation 7 of 1819 authorizes a magistrate to punish any person convicted of enticing away a wife or unmarried daughter for another's use; and an indignant functionary may sometimes feel disposed to stretch a point that the guilty man may not altogether escape.382
Redress for these wrongs is never sought in our courts, because they can never hope to get it. But it is a great mistake to suppose that the people of India want a heavier punishment for the crime than we are disposed to inflict—all they want is a fair chance of conviction upon such reasonable proof as cases of this nature admit of, and such a measure of punishment as shall make it appear that their rulers think the crime a serious one, and that they are disposed to protect them from it. Sometimes the poorest man would refuse pecuniary compensation; but generally husbands of the poorer classes would be glad to get what the heads of their caste or circle of society might consider the expenses of a second marriage. They do not dare to live in adultery, they would be outcasts if they did; they must be married according to the forms of their caste, and it is reasonable that the seducer of the wife should be obliged to defray the coats of the injured husband's second marriage. The rich will, of course, always refuse such a compensation, but a law declaring the man convicted of this crime liable to imprisonment in irons at hard labour for two years, but entitled to his discharge within that time on an application from the injured husband or father, would be extremely popular throughout India. The poor man would make the application when assured of the sum which the elders of his caste consider sufficient; and they would take into consideration the means of the offender to pay. The woman is sufficiently punished by her degraded condition. The fatwa of a Muhammadan law officer should be dispensed with in such cases.383
In 1832 the people began to search for other causes [scilicet, of bad seasons]. The frequent measurements of the land, with a view to equalize the assessments, were thought of; even the operations of the Trigonometrical Survey,384 which were then making a great noise in Central India, where their fires were seen every night burning upon the peaks of the highest ranges, were supposed to have had some share in exasperating the Deity; and the services of the most holy Brahmans were put in requisition to exorcise the peaks from which the engineers had taken their angles, the moment their instruments were removed. In many places, to the great annoyance and consternation of the engineers, the landmarks which they had left to enable them to correct their work as they advanced, were found to have been removed during their short intervals of absence, and they were obliged to do their work over again. The priests encouraged the disposition on the part of the peasantry to believe that men who required to do their work by the aid of fires lighted in the dead of the night upon high places, and work which no one but themselves seemed able to comprehend, must hold communion with supernatural beings, a communion which they thought might be displeasing to the Deity.
At last, in the year 1833,