Document Fragment View
Fragment Information
Showing contexts for: pariah in Mrs. Annie Besant vs G. Narayaniah on 29 October, 1913Matching Fragments
43. Now it is material first that plaintiff has adduced all the evidence available to him. It is not likely that there will he much direct evidence as to what eye witnesses saw or might think that they saw in a case of this nature, since numerous eye witnesses are not likely to be available. From Lukshman no evidence of value can be expected, since he was and is defendant's servant and subject to her great influence. The circumstances involve no probability, that Leadbeater, the elder of the two principals, would make any admissions at the time, which would be admissible as evidence. Only denials could be expected from him in evidence, and cross-examination was not likely to be effective, when no second account from a witness on his side Was available for comparison. Such a second account could have been given by the elder minor, Krishnamurthi, and to some extent, as regards plaintiff's incident by the younger also. But defendant opposed an adjournment of the trial in order that they might return to Madras to give evidence. I do not detail the reasons she gave in argument for this opposition, (because whatever their importance to her) they included no suggestion, that the minors could not be produced by her, no denial of the relevancy or importance of their evidence and no legal justification for her depriving plaintiff and the court of the assistance it would have afforded. It must therefore be recognised that plaintiff was in this respect disabled through no fault of his. Necessarily therefore the evidence available to him is only his own and that of persons who heard Lakshman's story at first hand or can speak to his and Lakshman's conduct as consistent with what each is alleged to have seen. Evidence of the best description he would not obtain easily since, it would be given by those, who were at Adyar at the time. If such witnesses left since, the suggestion would be that, they had quarrelled with defendant, as it was in the case of one, whom plaintiff examined, S.V. Subramaniam. If they remained there till the trial, they would have been liable to the exercise of defendant's influence, to which I have already referred in connection with the understanding. In fact, of the eight witnesses on defendant's side, regarding this part of the case, five gave evidence in that connection, and one of the remaining three is a pariah butler who is still in her service.