THE ALIPORE BOMB TRIAL BY BEJOY KRISHNA BOSE, VAKIL, WITH A FOREWORD BY MR, EARDLEY NORTON, Bar-at-Law. CALCUTTA BUTTERWORTH & CO. (Inia), Lrp. 6, Hastines St. LONDON : Svonevs Burrerwortn & Co, Bett Yarp, Burrerworta & Co, (Australia), Ltd. Temrte Bar, Winntrse + Wettinctox (N. Z.) Burreaworts & Co, (Australia), Ltd, | Burreawortn & Co, (Canada), Ltd. Law Publishers. 1922PREFACE. As one who appeared for the accused from the very beginning to the end of the Trial in all the Courts and was possessed of all the materials for bringing out in book form a narrative of the trial which would interest the public I long desired to sit down and edit the book—but want of the requisite time, always stood in the way for many a long year. I now place it before the public in the hope that they will derive some pleasure and instruction from its perusal. The Alipur Bomb Trial was the first State Trial of any magnitude in India, because it was held at a time when dis- content reached its highest point in Bengal and it concerned people who were gentlemen belong- ing to the best society, cultured, educated and highly intelligent. The novelty of the cult of the bomb and shooting and assassination of men of high position lent an additional interest to the trial which reached its highest pitch when articles from the Sandhya and the Jugantar, couched in rich and power- ful language and breathing intense hatred for foreign- firs and impassioned love of freedom from bondage, were put in and read in Court as evidence of proving conspiracy to wage war against the King. If all these ayaehrought out in book form, ten volumes will not afford sufficient space for a complete history of the trial. Besides, considering the present character of contemporary events, when gigantic world problems are awaiting solution, when we hear the tread of centuries in the march of a single year, when India of 1922 and her problems are very different from theii India of 1908, people will not have the time and the patience to go through volume after volume to read the full history of a trial however remark- able it might be. I have, therefore, been forced to crowd into one volume all that is necessary, all that is interesting and all that one needs to learn about this memorable Trial. Verbatim reports of evidence in chief and cross-examination of witnesses were impossible, so a summary of their evidence has been given. Ina few cases where the evidence was considered important, detailed reports of the same have been incorporated. My thanks are due to the publishers for the great interest shewn in seeing the book through the Press. 28, Hazra Lane, CALCUTTA, BEJOY KRISHNA BOSE. 1et November, 1922,Sut Byes Krwhna Bose, VakitFOREWORD. A publication intended to reproduce authentic reports of some of the more outstanding criminal trials attests its own merits and needs no foreword from me or any one else. As I chanced to lead for the Crown in the trial related in this volume in all three Courts—the Magistrate’s, the Sessions Judge’s and the High Court—I presume my intimate con- nection with the case has prompted the appeal to me for something in the nature of an introduction. The political history of a people is unfortunately often mirrored in the Courts of Justice. The reflec- tion is, however, only partially faithful. Much that has led to criminal action is not disclosed, impulses are misunderstood or misinterpreted, and motives imputed through heat and passion which bear no connection with the true facts. The scope of a trial is necessarily limited and confined by the exigencies of procedure. The French, starting with the assump- tion that an accused person is guilty, rove by way of cross-examination over the whole of a man’s life—they throw the burden of innocence upon the arraigned. The British principle, however, is that -*very accused person is innocent until he is proved ‘guilty; we throw the burden of guilt upon the prosecution. The two procedures are antithetical —thgir methods are different—their aims antagonis- tic. To the English lawyer the foreign procedure is repellant—to foreigners British criminal ethics appear inefficient. It is the latter system which pre. vails in India, and it was under that system, with all its merits and its faults, that Barendra Kumar Ghose and his associates were tried.ii FOREWORD The ringleader was a young man of unusual qualities. No lawyer can defend his action; no _ statesman applaud it. None the less Barendra Kumar Ghose was sincere and in a great measure chival- rous. Obsessed by conceptions of the injustice of the policy which severed his Motherland, he believed that the only influence which could force recognition of views which appeared to him to be patriotic was re- course to violence. Himself intbued with the passion- ate fervour of the genuine militant reformer, Barendra infected a large following of youthful adherents with his own unhappy enthusiasm. The gospel of the revolver and the bomb spread with alarming, if secret, success: a huge organisation developed throughout the country : inflammatory articles were openly disseminated by an able if disaffected press and the peace of the country was assuredly in peril. The Government had for long permitted revolutionary literature to pass unnoticed : the ferment grew under a misplaced sense of security till overt 1peasures forced the authorities into action. Their intervention was swift and certain. Simultaneous raids on the 2nd May 1908 secured a large number who were the flower of the movement. Among them were the two brothers Arabindo and Barendra Kumar Ghose, and on the 18th May 1908 the case was put up before the committing Magistrate, Mr. Birley I.C.S. at Alipore. The accused reserved their cross-examination. After, fifty-five witnesses had been examined the Magistrate’ at the request of prosecuting counsel, committed the accused to Sessions, an undertaking being given that proofs of all additional witnesses to be callgd by the Government would be furnished to the defence before such witnesses were called. The undertaking was fulfilled and a great waste of time thereby obvia- ted. In the committing Magistrate’s Court Counsel for the Crown received his first letter threatening to blow him out of existence. When the Court rose IFOREWORD ii went up to the Dock and asked Barendra if he ap- proved this promise for my extermination. He courte- ously informed me that there was no personal objec- tion to myself but that I was an obstruction to justice from the point of view of the accused and that much ashe would regret my disappearance he could not forbid it. Then thrusting aside my insignificance,— for after all, as he reminded me, I was but ‘small fry’, a mere parasite—he ventured to predict that those behind the scenes would fly at higher game, a Commander-in-Chief and a Viceroy. I pointedly objected that Britons would no more consent to being intimidated than they would to being slaves, and that there was an indefinite number of noblemen to whom the position of a Viceroy and his emoluments would more than overcome the dread of assassination. Baren- dra assured me that the supply would in time prove insufficient to meet the demand. He spoke without heat, not as one directing murder but as a philosophic politician in mental touch and sympathy with the view of his countrymen. Long after, his sagacity was exemplified by the attack at Delhi on Lord Hardinge. The epistolary threats against me multiplied—they provided an infinite variety of death—unpleasant re- ferences were made to bombs, revolvers, and knives. My junior was so alurmed that he declined to drive to Court with me in my car and reached his end by cir- cuitous approaches which daily changed their course. He has since died and I survive. In the Sessions Court my unknown enemies varied the sameness of their terror by sending me letters without stamps. I deglined to pay for notices of my impending disso- lution but my friend Shamsul Alum my right-hand police officer (who was subsequently shot in the corridors of the High Court when the Advocate General, Kenrick K. C., during my absence in Eng- land, was arguing the case on reference to Mr. Justice Harrington as to five accused upon whoseiv FOREWORD fate Sir Lawrence Jenkinsand Mr. Justice Carnduff had disagreed) indignantly paid the postage himself and thereby accumulated a mass of instructive litera- ture illustrated by diagrams. In the Sessions Court the accused were placed behind a network of wire, policy with fixed bayonets stood on rd throughout the room, andI hada five-chambered loaded revolver lying on my brief throughout the trial. The Government, regarding me, I presume, as a valuable investment in conse- quence of the fees they had paid me, insisted I should personally be guarded. Thereafter I was surrounded at my house and on my drives to Court by stalwart C.L.D. officers who struck one as being more danger- ous with their loaded revolvers to myself than my prospective assailants. However misguided Barendra was, he was obvi- ously honest and chivalrous. His holograph confes- sion sought to take the whole blame to himself and to exonerate his colleagues. He declined to &pply, though a European British subject by the accident of his birth, for a trial hy jury before the High Court, and though he declined to make any admissions, he instructed his Counsel R. C. Bonerjee not to deny the writing or signature to the famous “Sweets” letter on which his brother Arabindo was acquitted—hy mistake, The evidence was undoubtedly true and convine- ing. The police had done their share of detection with skill, with daring and with honesty. The incri- minatory character of the documents was irrefutable, of the weapons and other things found, incontestgble. Barendra Kumar Ghosh was, I still think rightly, convicted by Mr. Beachcroft, the Sessions Judge, of waging war against the King, and was awarded the death sentence. The Appellate Court reversed that finding, and holding that war had not been waged commuted the death sentence to imprisonmentYOREWORD vy for life. Under the late anmesty after the war Barendra and his colleagues have been released. There were some remarkable incidents after and immediately before the arrest. Mrs. and Miss Ken- nedy were murdered by a bomb intended for Mr. Kingsford, 1.¢.s. at Mozufferpore. For these deaths Kuderam was hanged and his fellow helper commit- ted suicide. Tho approver Narendranath Gossain was murdered in jail before he had completed his exa- mination-in-chief in the Magistrate’s Court by two of the accused under trial, both of whom were hanged. The prosecution consequently lost his evidence at sessions. Bannerjeo, a police officer, was shot befure he could he called asa witness, and his murderer was never discovered. The most dramatic was the murder of Babu Ashutosh Biswas the public prosecu- tor, my colleague, who one afternoon was conducting the prosecution during my absence from Court. He was shot in the back in the immediate vicinity of the Sessions Court by a young man who forfeited his life in return at the gallows. As I landed at Bombay in February 1912 from England I was told by the police of the murder in the corridor of the High Court at Caleutta of Shamshul Alum by a man who ran away, was caught, and subsequently hanged for the crime. Arabindy Ghose had }een a brilliant scholar in England. He had been Head of St. Paul’s and won a scholarship at King’s College Cambridge. ‘There he was a contemporary of Mr. Beachcroft t.c.s., who tried him®at Alipore and who had been TWead of Rugby and had also won a scholarship at Cambridge. Both won honours at the University, und at the final exami- nation for the Indian Civil Service Arabindo, the prisoner beat Beachcroft the Judge in—Greek ! No plea or apology or extenuation for the offence for which Barendra and his friends were convictedvi FoORRWORD can be offered, but I could not but regret the melan- choly untowardness which accounted for the appear- ance in the dock of youths who, though offenders, had, in the main, offznded from a spirit of mistaken patriotism. To me it appeared a matter for regret that a man of Arabindo’s mental calibre should have been ejected from the Civil Service on the ground he could not, or would not, ride a horse. Capacity such as his would have been a valuable asset to the State. Had room been found for him in the Educational Service of India I believe he would have gone far not merely in personal advancement but in welding more firmly the links which bind his countrymen to ours. The new era of reform, in spite of local, and I believe temporary, cleavage, illumines India’s political sky and promises a future as much a matter of just pride to the Englishman as of hope and contentment and advance tothe Indian. Under such auspices a better and more trustful Liberalism let .us hope, will infuse healthier political circulation into the country’s system, and hereafter make impossible a return to the methods employed by those with whom these pages deal. 6, Temple Chambers, | ee - tiuthistia. | BARDLEY NORTON.A SHORT HISTORY OF THE CASE. During the Viceroyalty of Lord Curzon 1899—1905 a most unpopular administrative measure was carried ont known as the Partition of Bengal. It was effected in the teeth of the most strennons opposition not only of the people of Bengal but also uf the whole Tudian people who sympathised with the Bengalis, They looked upon the measure as calculated to break the soli- darity of the great Bengalec nation. All manner of cunstitn- tional agitation was resorted to to bring about its annulment, Dnt to no effect. In despair the people resorted to Swadesht agitation and declared Boycott of British goods on 7th Augnst 1905 to draw the attention of the great English people to their legitimate grievan The newly created Goverument of East Bengal and Assam as well as the Government of India during wministrations of Lord Curzou and his successor Lord Minto aed circulars und passed legislative measures and ordinances hh would have the effect of suppressing the movemevt. Law- ess followed repression und a very few of the more ardent spirits took to unconstitutional methods. The Criminal Intelligence Department (known as the C. 1. D.) became very active and directed its attention to bringing several offending newspapers before Courts of Law. During the who.e of 1907 the vernacular Press of Bengal came in for a large measure of its attention and several prosecutions followed. The C. 1. D. had information that there were secret societies which were holding the thread of diseuntent-—but could get no definite information tu spot them. In this state of things several overt acts followed which brought matters toa head. On the night of the 6th Dec. 1907 an attempt was made to blow up the train y» which the Lieutenant-Governor of Bengal was at a place aled Narayangurh in the District of Midnapur. Though some olies working on the line were convicted yet the newspapers nd other articles found near by made it very improbable that the ‘ork was dune by covlies. The next incident was an attempt on he life of the Mayor of Chandernagore which took place on the ight of 11th April, 1905. The Mayor had stopped a Stwadeshi weting from taking place. The Police as well as spies were then ratching some persous in Calcutta and they had their suspicions, fatters were however brought to a head by an occurrence which2 ALIPORE BOMB CASK TRIAL took place on 30th April 1908 at Mazafferpur. Mr. Kingsford was the District Judge there. He had in the previous year incurred tho dinplearne of the soeret society by sending soveral newspaper men to jail while he was the Chief Presidency Magistrate in Calentta ‘and by ordering the whipping of a boy named Sushil Chandra en for n frac with the Police. In aktempting to Ieill Mr. Kingsford, Mrs. and Miss. Kennedy were murdered by a homb thrown at their carriage, while they were coming out of tho club, by a boy named Khudiram Bose. Acting on move definite information the Police obtained search warrants and on the early morning of Qnd May 1908 simultaneously seareed several places in and about Caleutta. Principal of those places were (1) 32 Muraripaknr Road, Maniktolla. (2) 48 Grey Street. (3) 33/4 Raja Navakrishen Street. (4) 15 Gopimohan Dutt's Lane. (5) 134 Harrison Road. 32 Muraripukur Read was a garden-house belonging tu Aravinda Ghosh and his brothers. The property found here included rifles, guns, revolvers, a large qantity of ammunition, bombs, detonator, picric acid and ‘other explosives, tools, zine, copper, Revolutionary iterature, ote. The persons arrested there were Barendra Kumar Ghosh, Ullaskar Dutt, Indubhnsan Rai, Bibhuti Rhnson Sarkar, Narendra Nath Busi, Paresh Chandra’ Moulik, Konjo Lal Sab, Bijoy Kumar Nag. Sachidra Kamar Sen, Purna Ghandm Sen, Hamendra Nath Ghose, Nalinykanta Gupia, Sishir Kamar Ghose and Upendra Nath Banerjee, all educated young men belouging to respectable families. ‘The search went on here for several days and hidden things were also dug out of earth. At 48 Grey Street a large number of letters and documents, newspaper articles and cuttings were found. Aravinda Ghose was arrested upstairs and Abinash Chandra Bhattacharjee and Sailendra Nath Bose wore arrested in the ground-floor. At 38/4 Raja Navakrishen Street several bottles containing chemicals, tuhes, etc. were found and Hem Chandra Das was arrested. At a search next day several instruments, file, chisel, nails, percussion cap and documents were found. At 15 Gopi Mohan Dutt’s Lane several documents were*found and its inmates Nirapodo Roy and Kanai Lal Dutt were arrested. At 134 Harrison Road several trunks and cane baskets were found. Their contents were false beard, loaded cartridges, dynamite cartridges, coils of fuse, coil of electric wire, earthen bomb moulds, copper bomb shells, pipe, brass cocks, fiittings, an iron screw bomb with spikes, 2 bomb with detonating studs, bottles of picric acid, nitrate of potash, chemical glycerine, Ammoninm chloride, 2 empty copper bomb cases, one brags shellA SHORT HIBTORY OF THK CASE. 8 bomb, several manuscript plans, 3 live bombs and one partly made bomb, glass funnels and bulbs, liquid mercury, carbolic acid, large quantity of document ete. Its inmates, Aske Chandra Nandy, Nagendra Nath Gupta, Dharani Nath Gupta, Bejoy Ratna Sen Gupta and Moti Lal Bose were arrested. Din Doyal Bose was arrested at Shambazar in the premises of the Tramway Company. All these accused were produced before the Commissioner of Police and on the next day Mr. L. Birley, the District Magistrate of Alipur (24 Purghannas District) by a written order took up the case himself, On the 12th May, another search was going on at Beniachong in the District of Sylhet. A large number of letters and documents, some explosive, a note book containing signs of cypher code and instruction for making dynamite and homb, maps é&c. were found. Three brothers named Birendra, Hem and Sushil Sen (tbe boy who was whipped by the orders of Mr. Kingsford) were arrested and sent down, On the 4th May the house of Narendra Nath Gossain at Scraupur was searched and he was arrested and on 10th May, Hrishikesh Kanjilal was arrested also at Serampur. Documents found at both the places. On the 10th May, Sudbir Kumar Siccar was arrested at his father’s house at Khulna. On the lth May, a house known as Boral’s Koti in Deoghar was searched and several documents were found. Qn the 14th May at Sagordari in District Jessore one Birendra Nath Ghosh was arrested and brought down. On the 12th May Krishnajibon Sanyal, a lad of 16, was arrested at his house at Kansut in District Malda and 39 copies of the news- paper Juganter was found in his house. He was brought down to Caleutta. On the 28th May (when the proliminary enquiry had alroady commenced) a house called Seal's Lodge in Jasidhi was searched and several doeaments were recovered. Several of the accused persous made detailed confessions and statements which were recorded by Mr. Birley. When the latter took up the case the pleader for the defence (Babu Bejoy Krishna Bose) Gook objection to his going on with the inquiry as he had no jurisdiction to withdraw the case from the fie of the C. P Magistrate and he had recorded confessions after so taking cog- nisance and there was no complaint ; the objections were over- ruled and Mr. Birley inquired into the case and examined 222 wit- nesses and committed the accused to the court of Sessions at Alipur on 19th August 1908, In the meantime a second batch was being formed by the subsequent arrests that took place and the persony thus arrested4 ALIPORE BOMB CASE TRIAL. were—Debabrata Bose, Charu Chandra Roy, Indra Nath Nandy, Nikhileshwar Rai Moulik, Bijoy Chandra Bhattacharya, Provas Chandra, Deb and Balkrishna Hari Kani (a Marhatti). 55 witnesses were examined in this case and they were committed to the Court of Sessions on 14th Sep. to take their trial along with those previous- ly committed. The trial of both the batches commenced before Mr. C. P. Beacheroft, 1. ¢. s., Additional Sessions Judge. Alipur on 19th October 1908. Various objections were taken to the form of the charges, the juiut trial, admissibilit of evidence and other matters. Uharu Chandra Roy who was a French subject brought from Chadranagore on an extradition warrant was ordered to be dis- charged on 5th November as Government withdrew from his prosecution. Kanai Lal Dutt was in the meantime sentenced 10 be hanged before this trial bogan for murdering the approver Narendra Nath Gossain in the Alipur Jail compound on 3lst Augast 1908. Altogether 206 witnesses were examined and cross-examined at Jength and then both sides argued the case at erat Jenyth. The court was thus engaged till the 13th April 1909. Ou the Luh April the opinion of the Assessors were tuken and judgment was delivered on the 6th May 1909, Accused Barindra Kumar (Ghose and Ullaskar Dutt were sentenced to be hanged under sections 121, 121A, “ind 122 1.P.C. Aceased Hem Chandra Das, Upendra Nath Banerjea, Bibhuti Bhusan Sarkar, Hrishikesh Kanjilal, Birendra Chandra Ser, Sudhir Kumar (those, Indra Nath Nundy, Abinash Ch, Bhatta- charjya, Saileudra Nath Bose and Indra Blusan Roy were sen- tenced to be transported for life under Sections LEA aud 122. Poresh Ch. Moulik, Sishir Kamar Ghose, Nirapado Ray were sen- tenced to Wransportution for 10 years muider sections L2L and 122. ‘The properties of all these accused were also forfeited to Govern- ment. Asuke Chandra Nandy, Balkrishna Hari Kane, Sushil Kumar Sen were sentenced to transportation for 7 years. Krishna Jibou Sanyal was sentenced to ove year's rigorous imprisonment. The rest of the accuscd, viz. Naliny K. Sen Gupta, Sachindra K. Sen, Kunjo Lal Shaha, Bejoy Kumar Nag, Narendra Nath Bukshi, Purna Ch, Sen, Hemendra. Nath Ghosh, Aravinda Ghose, Dindayal Bose, Birendra Nath Ghose, Dharani Nath Gupta, Nagendr& Nath Gupta, Hem Chandra Sen, Debabrata Bose, Nikhileswar Roy Moulik, Bijoy Ch. Bhattacharya and Provas Chandra Dev were acquitted. Thus the enquiry before Mr. Birley occupied 76 duys and the trial in the Court of Sessions took 131 days. It will be seen hereafter that the appexl in the High Court was heard during 47 days and the reference by a Third Judge for 20 days. The mass of documents filed if counted individually were overA SHORT HISTORY OF THE CASE. 5 four thousands and the material articles exhibited, i.e., hombs, tools, revolvers etc. were between three to four hundred. A word may be said here with reference to the marking of the Kxhibits und their numbers. ‘Those found at. 32 Muraripuker Road ov 2nd May were marked Ux. 1-232, 387-465 and 1128, The place was searched again on the Gth, 7h and Sth May and things found were marked Ix. 233-282. Things found at 15 Gopee Mohan Dutt's Lane were exhi- bited as 373-386 and 710--716. Those found at 48 Grey Street were marked as Hx. 283-319, 1208 and 1209; those found at 38-4 Raja Navakrishen Street were Ex. 320-329 and articles 717-734. This place was again searched the next day and Kx. 330-372 and 1132-1134 were recovered. Things found at Harrison Road were Ex, 572-709, 739 and 740, (See List of Exhibits). On the 2nd May the following things were also found at the following places on search (1) At 30/2 Harrison Road Ex. 760- 764 and 126 . ution case was that this place was a sort of receiving post office for the conspirators. (2) 4 Harrison Road, a shop called Jnguntar Tnslokaloy, was s but nothing found, as the case was that shop had been Yor 3 days before the 2ud May. (3) 23 Scott's lane Avavinda Ghose lived up to 2eth April when he removed to 48 Grey Sheet. Nothing was found. (4) Shibpur Engineering College, the quarte MW Babu Durga Das Dutt, Peo ov there aud father of Ulashkar was also sexched bn nothing was found. A search took place at ! Raja's Lane where one Tara Nath Roy Chowdhury used tu Ti ne letters Ex. 1071-1081 and a hex of arms and ammunition Kx. 1447 were found there. Things found at Seals Lodge were marked 767-777 and 1127. ‘The two accused sentenced to be hanged tiled their appeal before the High Court on the 13th May 1909 and the rest also did the same subsequently. On the 9th August the Chief Justice, Sir L. H. Jeukins, Kt. and My. Justice Carnduff began hearing the appeal and the arguments lasted till the L2th October. Their Lord- ships delivered separate judgments. They agreed in aeqaitting B,H, Kane, With regard to 12 others they upheld their convietiuns unde sections 121-A only viz, Barindra, Ullaskar, Upendra, Hem Das, Indra Rai, Sishir, Poresh, Bibhuti, Nirapada, Abinash, Sudbir and Hrishikesh—but the sentences were reduced, Kegarding 5 others, Sailendra, Krishna Jiban, Biren Sen, Sushil Sen and Indra Nundy the Chief Justice was for arquittal, but Mr. Justice Carn- duff for upholding their convictions under section 121A. A reference therefore had to be made to Justice Sir Richard Harring- ton who heard the case for 20 days from 3rd January 1910 and in the end agreeing with the Chief Justice he ucquitted Krishua6 ALIPORE BOMB CASE TRIAL. Jibon, Sushil and Indra Nundy but upheld the convictions of Birendra Sen and Sailendra Bose. While fully realising that a History of the Trial is not complete unless at least most of the important documents upon which the Crown relied are printed in this volume, the author refrained from doing so for very good reasons. Public policy, future peace uid safety of the country alike demand that the Notes on Drill, the formulae for making bombs and explosives, outlines of military attacks and bayonet charges and many other allied subjects which were uoted down with skilful und masterly hands and found at the varions places of the conspiracy should not go bofore the publie-—though as a historical study they might be instructive to the few. For the same reason it was thought not expedient to reprint all the venomous articles appearing in the Jugantar and Sandhya newspapers and to inflame the minds of the impressionabie youths over ugain with them. As the most important figure among the wecused was Arahinda Ghose, one who by his talents and by his high education from « long residence of 14 years in England and by his position in the country, was looked upon as a prominent leader of the Nationalist movement, though he was acquitted by the Trial Judge, a brief synopsis of the remarkable address by his counsel Mr C. R. Das is given in this book for study as a piece of instructive and interesting literature. Full arguments dealing with the most intricate points of Iaw and facts both by the Crow Counsel and those engaged by the defence, before the appeal Bench in the High Court are given for close study by all students of Constitutional History. Bejoy Krisnna Bose, Vakil. LEADING DATES, 1903.—Sir Herhert Risley’s Resolution about the proposed Partition of Bengal. 1904-5.-Great agitation against the partition and public meet- ings throughout the Province. 1904.-Newspaper “New India” started by Babu Bepin Chandra Pal. B P 7-8-05.—Boycott of British goods declared at the Calcutta Town Hall meeting. 16-10-05.—Bengal was partitioned, and new Province East- Bongal and Assam croated. 20-11-05.—First declaration of “Sandhya” newspaper by Brahma- bandav Upadhaya as Printer and Publisher at 193 Cornwallis Street,LEADING DATES. 7 Feb. 1906,—-Agricultural Conference at Midnapur ; Khudiram Bose arrested for circulating “Bande Mataram” pam- phlets. 12-3.06,—Furst declaration of “Jugantar” newspaper by Bhupen- dra Nath Dutt as printer. Apl. 1906.—Sedition Case against Khudiram Bose. 6-8-06.-—First declaration of “Bande Mataram” uewspaper by Kshettra Moban Singh as printer. Aug. 06.—Chatra Vandar started. Sep. 06.—Hem Chandra Das left for France. 22-10-06.— Declaration by Amar Mukherjea as printer of Bande- Mataram at 2/1 Creek Row. 5-11-06.— Declaration by Bhupendra as printer of “Juganta’” at 41 Champatala First Lane. 9-11-06.— Declaration for “Bande-Mataram” Press. 4-3-07.—Mr. Higginbotham shot at Kustia. 27-4-07.—Hindu-Mahomedan riot at Jamalpur mela (Mymen- singh). 20-5-07.—Declaration by Monmohan Ghosh as printer of “Navasakt®” newspaper ut 48 Grey Street. July ‘07.—Pamphlets “Ranonity” and “Mukti kone Pathey” published. Do. -—“ Indian Sociologist” and “ Gaelic American” were interdicted under the Sea Customs Act. 15-7-07.—Declaration of “ Sandhya” at 23 Shibnarain Das’ Lane. 24-7-07.—Conviction "der Section 124/A of Bhupendra Dutt who was sentenced to one year, Ang. '07.—Prosecution of B. Upadhaya, Haricharan Das and Saroda Sen. Upadhaya died and other two ten- dered apology. 27-8-07—Sushil Son sentenced to 15 stripes for assaulting 8.1. Huey. 2%9.07.--Conviction of Basanta Bhattacharya, Printer of Jugantar,—imprisonment to two years, 23.9.07.—Convietion of Apurba Bose, printer of “Bande-Mata- ram’ —to3 months. Arabinda Ghose was acquitted. Nov.’ 07.—Two attempts to wreck Lieutenant-Governor's trains between Chandernagore and Mankunda. 6-12-07.—-L.-G’s train wrecked at Naraingarh. 26-12-07,—Indian National Congress held at Surat,ALIPORE ROMB CAS& TKIAL, 16-1-08.—Conviectiun of Baikunta Acharya, printer of Jugantar, —to 2 years, 19-2-08.—Conviction of Manabendra Chatterjea, printer of San- haya. Do. —Convietion of Manmohan Ghose of Navasakti—to 6 months. 4-4-08—Swadeshi meeting stopped by Mayor of Chander- hagore. 11.4.08,—-Bomb thrown at the Mayor's house at Chandernagore. 30-4-08—Muzzaffarpur outrage. Mrs. and Miss Kennedy killed. 2-5-08.—Profulla Chaki committed suicide at Waini Railway Station. ‘earches and arrests at 32 Muraripnkur Road, 48 Grey Street, 4/1 Raja Navakrishen Street, 15 Gopi Mohan Da Lane, 134 Harrisou Road, 23 Scott's Lane, 4/1 Harrison Road, 30/2 Harrison Road. 3-5-08,—Search and arrest of Dindoyal Bose, 80 College Strect. Do. Neureh of the louse of Satteyendra Nath Bose at Midnapur. 4-5-08. --Confessions of Barindra Ghose, Ulagkar Dutt, Indra Rhnson Roy, Upendra Nath Banerjea, recorded by Mr. Birley ; 5-5-O8, —Searel and arrest of Narendra (ios at Srirampnr, Do. --Explosion at Indra Nath Nundy’s house, 37 College Street. Do. —Confession of Narendra Nath Bakshi. 6-5-08.—Senrch of the house of Suresh and Satish Ganguly at 2-85-08. ain, the approver, Chandpur. Do. Scoond search at 32 Mnraripakur Road. 7-508, Think do do do. 8.5.08-—Fonrth do do do. Do. Search of (he hose of Subudh Chandra Mallick at Benares. 10-5-O8.-~ Search of the house of Hrishikesh Kanjilal. Chatra, Srirampur. 10-5-98. Search of the house of Sudhir Kamar Sarkar at Khulna. 11-5-08. —Confession of Sudhir Kumar Sirkar. 11-5-08,—Confession of Hrishikesh Kanjilal,A SHORT HISTORY OF THE CASE. During the Vireroyalty of Lord Curzm 1899—1905 a most unpopular administrative measure was carried ont known as the Partition of Bengal. It was effected in the teeth of the most strenuous opposition not only of the people of Bengal but also of the whole Indian people who sympathised with the Bengalis. They looked upon the measure as calenlated to break the soli- darity of the great Bengalee nation. All manner of constitu- tional agitation’ was resorted to to bring about its annalment, but to no effect. In despair the people resorted to Swadeshd agitation and declared Boycott of British goods on 7th August 1905 to draw the attention of the great Knglish people to their legitimate grievances. The newly created Government of East Bengal and Assam as well as the Government of India during the administrations of Lord Carzon and his successor Lord Minto issued circulars and passed legislative measures and ordinances which would have the effect of suppressing the movement. Luw- iessuess followed repression and a very few of the more ardent spirits took to unconstitutional methods. The Criminal Intelligence Department (known as the C. I. D.) became very active and directed its attention to bringing several offending newspapers before Courts of Law. During the whole of 1907 the vernacular Press of Bengal came in for a large measure of its attention and several prosecutions followed. The C. 1. D, had information that there were secret socicties which were holding the thread of discontent—but could get no definite information to spot them. In this state of things several overt acts followed which brought matters to a head. On the night of the 6th Dec. 1907 an attempt was made to hlow up the train jp which the Lieutenant-Governor of Bengal was at a place called’ Narayangarh in the District of Midnapur. Though some coolies working on the line were convietw yet the newspapers and other articles found near by made it very improbable that the work was done by cnolies, The next incident was an attempt on the life of the Mayor of Chandernagore which took pluce on the night of Lth April, 1908, The Mayor had stopped u Stoadeshi meeting from taking plaice. The Police as well as spies were then watching some persons in Calentta and they had their suspicions. Matters were however brought to a head by an occurrence which2 ALIPORR BOMB CASR TRIAL. took place on 30th April 1908 at Mazafferpur. Mr. Kingsford was the District Judge there. He had in the previous year incurred the displeasure of the secret society by sending several newspaper men to jail while he was the Chief Presidency Magistrate in Calcutta and by ordering the whipping of a boy named Sushil Chandra Sen for a fracas with the Police. In attempting to kill Mr. Kingsford, Mrs. und Miss. Kennedy were murdered by a homb thrown at their carriage, while they were coming out of the club, by a boy named Khudiram Bose. Acting on more definite information the Police obtained search warrants and on the early morning of 2nd May 1908 simultaneously searched several places in and about Calcutta. Principal of those places were :— (1) 32 Muraripokur Road, Maniktolla. (2) 48 Grey Street. (3) 33/4 Raja Navakrishen Street. (4) 15 Gopimohan Dutt’s Tune. (5) 134 Harrison Road. 32 Muraripukur Road was a garden-house belonging to Aravinda Ghosh and his brothers. he property found here included rifles, guns, revolvers, « large quantity of ammunition, bombs, detonator, Picric acid and other explosives, tools, zine, copper, Revolutionary literature. ete. The persons urrested there were Barendra Kumar Ghosh, Ullaskar Dutt, Indubhuson Rai, Bibbuti Bhuson Sarkar, Narendra Nath Baxi, Pavesh Chandra Moulik, Kunjo Lal Sah, Bijoy Kumar Nag, Suchidra Kuinar Sen, Purna Chandra Sen, Hamendra Nath Ghose, Nalinykanta Gupta, Sishir Kumar Ghose and Upendra Nath Banerjee, all educated young men belonging to respectable families. The search went on here for several days and hidden things were also dug ont of earth. At 48 Grey Street a large number of leticrs and documents, newspaper articles and cuttings were found. Aravinda Ghose was arrested upstairs and Abinash Chandra Bhattacharjee aud Sailendra Nath Bose were arrested in the ground-floor. At 38/4 Raja Navakrishen Street several bottles containing chemicals, tubes, etc. were found and Hem Chandra Das was arrested. Ata search next day several instruments, file, chisel, nails, percussion cap and documents were found. At 15 Gopi Mohan Dntt’s Lane several documents wore found and its inmates Nirapodo Roy and Kanai Lal Dutt were arrested. At 134 Harrison Road several trunks and cane baskets were found. Their contents were false beard, loaded cartridges, dynamite cartridges, coils of fuse, coil of electric wire, earthen bomb moulds, copper bomb shells, pipe, brass cooks, tiittings, an iron screw bomb with spikes, 2 bomb with detonating studs, bottles of picric acid, nitrate of potash, chemical glycerine, Ammonium chloride, 2 empty copper bomb cases, one brass shellA SHORT HISTORY OF THF CASK. 3 bomh, several manuscript plaus, 3 live bombs and one partly made bomb, glass fannels and bulbs, liquid mercury, carbolic acid, large quantity of document etc. [ts inmates, Asoke Chandra Nandy, Nagendra Nath Gupta, Dharani Nath Gupta, Bejoy Ratna Sen Gupta and Moti Lal Bose were arrested. Din Doyal Buse was arrested ut Shambazar in the premises of the Tramway Company. All these acensed were produced before the Commissioner of Police and on the next day Mr. L. Birley, the District Magistrate of Alipur (24 Purghinnas District) by a written order took up the case himself. On the 12th May, another search was going on at Beniachong in the District of Sylhet. A large number of letters and ducuments, some explosive, a note book containing signs of cypher code and tstrnction for making dynamite and bomb, maps &c. were found. Three brothers named Birendra, Hem and Sushil Sen (the boy who was whipped by the orders of Mr. Kingsford) were arrested and sent down, On the 4th May the house of Narendva Nath Gossain at Serampur was searched and he was arrested and on 10th May, Hrishikesh Kanjilal was arrested also at Serampur. Documents were found at both the places. On the 10th May, Sudhir Kumar Sirear was arrested at his father’s house at Khulua. Ou the 11th May, a house known as Boral's Koti in Deoghar was searched and several documents were found. On the 14th May at Sagordari in District Jessore one Birendra Nath Ghosh was arrested and brought down. On the 12th May Krishnajibun Sanyal, a lad of 16, was arrested ab his house ab Kansat in District Mulda and 39 copies of the news- peper Juganter was found in his house. He was brought down to Calcutta, On the 26th May (when the preliminary enquiry had already commenced) a house called Seal’x Lodge in Jasidhi was searched and several documents were recovered. Several of the accused persons made detailed confessions and statements which were recorded by Mr, Birley. When the latter took up the case the pleader for the defence (Babu Bejoy Krishna Rose) took objection to his going on with the inquiry as he bad no jurisdiction to withdraw the case from the file of the C. P Magistrate and he had recorded confessions after su taking cog- nisance and there was no complaint ; the objections were over- ruled and Mr. Birley inquired into the case and examined 222 wit- nesses and committed the accused to the court of Sessions at Alipur on 19th Anguat 1908, In the meantime a second batch was being formed by the subsequent arrests that took place and the persons thus arrested4 ALIPORE BOMB CASK TRIAL. were—Debabrata Bose, Charn Chundra Ruy, Indra Nath Nandy, Nikhileshwar Rai Moulik, Bijoy Chandra Bhattacharya, Provas Chandra Deb and Balkrishna Hari Kani (a Marhatti). 55 witnesses were examined in this case and they were committed to the Court of Sessions on 14th Sep. to take their trial along with those previous- ly committed. The trial of both the batches commenced before Mr. C. P. Beachcroft, 1. . itional Sessions Judge, Alipur ou 19th October 1908. Various obj were tuken to the form of the charges, the joint trial, admis: ity of evidence and other matters. Charu Chandra Roy who was a French subject brought from Chadranayore on an extradition warrant was ordered to be dis- charged on 5th November as Government withdrew from his prosecution. Kanai La] Dutt was in the meantime sentenced to be hanged before this trial began fur murdering the approver Narendra Nath Gossain in the Alipur Jail componnd on 31st August 1908, Altogether 206 witnesses were examined and cross-examined at length and then both sides argued the case at great length. The court was thus engaged till the 18th April 1909. Ov the L44h Apri] the opinion of the Assessurs were taken and judgment war delivered on the 6th May 1909. Accused Barindra Kumar Ghose and Ullaskar Dutt were sentenced to be hanged under sections 121, 1ZLApand 122 1.P.C, Accused Hem Chandra Das, Upendra Nath Banerjea, Bibhots Bhosan Sarkar, Hrishikesh Kanjilal, Birendra Chandra Sen, Sudhir Kumar Ghose, Indra Nath Nundy, Abinash Ch. B charjya, Sailendra Nath Bose and Indra Bhusan Roy were tenced to be transported for life under Sections 121A and 122. Poresh Ch. MonJik, Sishir Kumar Ghose, Nirapado Ray weve tenced tu transportation for 10 years under sections 121 and 12: The propertios uf all these accused were also forfeited to Govern- ment, Asoke Chandra Nandy. Bulkrishna Hari Kane, Sushil Kumar Sen were sentenced to transportation for 7 years. Krishi dihou Sanyal was sentenced tu one year’s rigorous imprisonment. ‘The rest of the accused, viz. Naliny K. Sen Gupta, Sachindra K. Sen, Kanjo Lal Shaha, Bejoy Kumar Nag, Narendra Nath Bukshi, Purna Ch. Sen, Hemendra Nath Ghosh, Aravinda Ghose, Dindayal Bose, Birendra Nath Ghose, Wbarani Nath Gupta, Nagendra’ Nath Gupta, Hem Chandra Sen, Debabrata Bose, Niklileswar Roy Monlik, Bijoy Ch. Bhattacharya and Provax Chandra Dev were acquitted. Thas the enquiry before Mr. Birley occupied 76 days and the trial in the Court of Sessions took 131 days. [t will be seen hereafter that the appcal in the High Court was heard during 47 days and’ the reference by a Third Judge for 20 days. The mass of documents filed if counted individually were overA SHORT HISTORY OF THE CASE, 5 four thousands and the materia] articles exhibited, i.e, bombs, tools, revolvers etc. were between three to four hundred. A word may be said bere with reference to the marking of the Exhibits and their numbers. Those found at_ 32 Muraripuker Road on 2nd May were marked Hx. L232, 387--465 and 1128. The place was searched again on the th, 7h and 8th May and things found were marked “Hx, 233-28 Things found at 15 Gopee Mohan Datt'y Lane were exhi- bited as 373-386 and 710--716. Those found at 46 Grey Street were marked ax Hx. 283-819, 1208 and 1209; those fouud at 38-4 Raja Navakrishen Street were Kx. 320-320 and articles 717-734. This place was again searched the next day and Kx. 330-372 and 1132-1134 were recovered. 'hings found at Harrison Rond were Mx. 572-709, 739 and 740, (See List of Exhibits). On the 2nd May the following things were also found at the following places on search : —(1) At 30/2 Harrison Road Ex. 760- 764 and 1262 and L ‘The prosecution case was that this pice was a sort of receiving post oftice for the conspirators. (2) 4 Harrison Road, a xhop ealled Jngantur Pustokaloy, was searched, but nothing found, as the case was that shop had been removed 2or3 days before the 2nd May. (3) 23 Neatt's lune, where ‘Aravind Ghose lived up to 28th April when he removed to 48 Grey Street. Nothing was found, (1) Shibpur Engineering College, the quarters of Babu Darga Das Dutt, Professor there and father of Ulasbhar was also seached bunt nothing was found. A search took place at 4 Kt js Latne where one Tara Nath Ray Chowdhary used to live. Some letters Hx. 1071-1081 and a box of arms and ammunition Ex. J4EF were fonnd there. Things found at Seal’s Lodge were marked 767-777 and 112%, The two accused sentenced to be hanged tiled their appeal before the High Conrt on the 13th May 1909 and the rest also did the same subsequently. Qu the 9th August the Chief Justice, Sir L, H. Jenkins, Kt. aud Mr, Justive Carnduff began hearing the appeal and the arguments lasted till the 12th October. ‘Their Lord- shipy delivered separate judgments. ‘They agreed in acquitting B. H. Kane. With regard to 12 others they upheld their convictions ander sections 121-A only viz. Barindra, Ulaskar, Upendra, Hem as, Indra Rai, Sishir, Poresh, Bibhuti, Nirapada, Abinash, Sudhir aud’ Hrishikesh—but the sentences were reduced. Regarding 5 others, Sailendra, Krishna Jiban, Birey Sen, Sushil Sen and Indra Nundy the Chief dustice was for acquittal, but My. Justice Carn- duff for upholding thoir convictions under section IA. A veference therefore had to be made to Justice Sir Richard Harring- ton who heard the case for 20 days from 3rd Jannary 1910 and in the und agreeing with the Chief Justice he acquitted Krishua6 ALIPORE BOMB CASE TRIAL. 4ibon, Sushil and Indra Nundy but upheld the convictions of Birendra Sen and Sailendra Bose. While fully realising that a History of the Trial is not complete unless at least most of the important documents upon which the Crown relied are printed in this volume, the author refrained from doing so for very good reasons. Public policy, future peace and safety of the country alike demand that the Notes on Drill, the formulae for making bombs aud explosives, outlines of military attacks and bayonet charges and many other allied subjects which were noted down with skilful and masterly hands and found at the various places of the conspiracy should not go hefore the public—though ay a historical study they might be instractive to the few. For the same reason it was thought not expedient to reprint all the venomous articles appearing in the Jugantar and Sandhya newspapers and to inflame the minds of the impressionable youths over again with them. As the most important figure among the accused was Arabinda Ghose, one who by his talents and by his high education from a long residence of 14 years in’ England and by his position in the country, was looked upon asa prominent leader of the Nationalist movement, though he was acquitted by the Trial Judge, a brief synopsis of the remarkable address by his counsel Mr C. R, Das is given in this book for study as a piece of instructive and interesting literature. Full arguments dealing with the most intricate points of law and facts both by the Croft Counsel and those engaged by the defence, hefore the appeal Bench in the High Court are given for close study by all students of Cunstitutional History. Besoy Krisuna Bose, Vakil. LEADING DATES. 1903.—Sir Herbert Risley’s Resolution about the proposed Partition of Bongal. 1904-5.—Great agitation against the partition and public meet- ings throughout the Province. 1904.---Newspaper “New India” started by Babu .Bepin Chandra Pal. 7-8-05.—Boycott of British goods declared at the Calcutta Town Hall meeting. 16-10-05.—Bengal was partitioned, and new Province Fast- Bengal and Assam created. 20-11-05.—First declaration of “Sandhya” hewspaper by Brahma: handav Upadhaya as Printer aud Publisher at 193 Cornwallis Street.LEADING VATES. i Feb. 1906.—Agricultural Conference at Midnapur ; Khudiram Bose arrested for circulating “Bande Mataram” pam- phlets. 12-3-06.-—First declaration of “Jugantar” newspaper by Bhupen- dra Nath Dutt as printer. Apl. 1906.—Sedition Case against Khudiram Bose. 6-8.06,—First declaration of “Bands Mataram" newspaper by Kshettra Mohan Singh as printer. Aug. 06.—Chatra Vondar started. Sep. 06.—Hem Chandra Das left for France. 22-10-06.—Declaration by Amar Mukherjea as printer of Bande- Mataram at 2/1 Creek Row. 5-11-06.—Declaration by Bhupendyn as printer of “Jugantar” at 41 Champatala First Lane. 9-11-06.-- Declaration for “Bande-Mataram” Press. 4.3.07.—Mr. Higginbotham shot at Kustia. 27-4-07.—Hinda-Mahomedan riot at Jamalpur mela (Mymen- singh). 20-5-07.—Declaration by Monmohan Ghosh as printer of “Navasakt®” newspaper at 48 Grey Street. July '07.—Pamphlets “Ranmity” and ©Mukli kon» Pathey” published. Do. -““Indian Soerologist” and “ Gaelic American” were interdicted under the Sea Customs Act. 15-7-07.-—Declaration of “ Sandhya” at 23 Shibnarain Das’ Lane. 24-7-07.—Conviction under Section 124/A of Bhupendra Dutt who was sentenced to one year. Ang. ’07.—Prosecution of B. Upadhaya, Haricharan Das and Saroda Sen. Upadhaya died and other two ten- dered apology. 27-8-07—-Sushil Sen sentenced to 15 stripes for assaulting S. I. Huey. 2-3.07.—Conviction of Basantn Bhattacharya, Printer of Jugantar,--imprisonment to two years. '23-9-07.—Conviction of Apurba Bose, printer of “Rande-Mata- ram”—to 3 months. Arabinda Ghose was acquitted. Nov.’ 07.—-Two attempts to wreck Lieutenant-Governor's trains between Chandernagore and Mankunda. 6-12-07. --L.-G’s train wrecked at Naraingurh. 26-12-07,—Indian National Congress held at Surat.ALIPORE BOMB CASK ‘TRIAL, 16-1-08.—Couviction of Baikunta Acharya, printer of Jugantar, —-to 2 years. 19-2-08.—Conviction of Manabendra Chatterjea, printer of San- haya. Do, —Convietion of Manmohan Ghose of Navasakti—to 6 months. 4-4-0h,—Swadeshi mecting stopped hy Mayor of Chuudler- nagore. 11-4-08,-~Bomb thrown at the Mayor's honse at Chandernagore. 30-4-08.—M. flarpur onwage. Mrs. and Miss Kennedy killed. 08.— Profulla Chaki committed suicide at Waini Railway Station. 2-5-08, ae and arrests at 32. Mararipukur Road, 48 Street, 34/1 Raja Navakrishen Street, 15 Gopi Moan Datt’s Lane, "T34 Harrison Road, 23 Scott's ane, 4/1 Harrison Road, 30/2 Harrison Road. arch and arrest of Dindoyal Bose, 80 College Street. rch of the house of Satteyendra Nath | Bose at Midnapur, 45-08. -Confessions of Barindra Ghose, Ua Bhason Roy, Upendra Nath Baffer] My. Birley O8. --Search and arrest of Narendra Gossain, the approver, at Srirampur. Do. ur Dott, Indra . recorded by Do. --Nxplosion at Indra Nath Nundy’s house, 37 College Street. Do. ~—Confession of Narendra Nath Bakshi. 6-5-08,—Scarch of the house of Suresh and Satish Ganguly at Chandpur. -Sveond search ut 32 Muraripuknr Road, 5-08.— Third do do do. Fourth do de do. -Nearch of the house of Sabodh Chandra Milliek at ‘Benares. 10-5-08.-—Search of the house of THrishikesh Kanjilal, Chatra, Srirampur. 10-5-08.--Search of the house of Sudhir Kunuw Sarkar at Khulna. 7 -5-O8. -Confession of Sudhir Kamar Sirkar. 5-08.—Confession of Hrishikesh Kanjilal.LEADING DATES, 9 11-5-08.—Search of the house of Hemendra Nath Ghosh, Sagor- dari, Jessore. 12-5-08.—Search of the house of Krishna Jibon Sanyal at Kansat, Malda. 15-5-08.--Search of the house of Kailesh Sen, Beniachong, Sylhet. 15-5-08.—Confession of Birendra Nath Ghose. 16-5-08.—Confession of Krishna Jibon Sanyal. 17-5-08.—First Information of the case put in before Mr. Birley. 18-5-08.—Preliminary Enquiry began before Mr. Birley, District Magistrate of Alipur. 19-5-08.—Petition of complaint of the ease filed. 08.-—-Search of No. 4 Raja’s Lane. do. Bojoy Nag's house at Khulna. 5-08— do. Indu Bhusan Son's house at Srifaltola. 26-5-08.— do. Knnjolal Saha’s house at Kustia. 28-5-08.— do, — Seal’s Lodge, Rohiny, Buidyanath junction. 2-6-08.— do. Purna Chandra Sen’s honse, Tamlug- 6-O8.-— da. Debabrata Bose’s house, 55/3 Grey Street. do. Surendra Mukerjee's house at Bankura, do. Indra Nundy house, 37 College Street. do. Bejoy Bhattacharya’ house, 10/1 Rani San- Kary Lane. do, Nikhileswar Roy Moulik’s house, Dhamrai, Dacea. 19-8-08.—Commitment of the first batch to Court of Sessions by Mr. Birley. 31-8-08.—Maurder of the approver Narendra Nath Gossain by Kanai Lal Dutt in the Presidency Jail. 14.9-08.-—Commitment of the second batch to Court of Sessions by Mr. Birley. 19-10-08.—Trial hegan before Mr. C. P. Beachcroft. the Addi- tional Sessions Judge, Alipur. 10,2-09.—Public Prosecuter of Alipur, Babu Ashutosh Biswas shot down dead. 09.—-Judgment of Sessions Court dciivered. 09.—Hearing of Appeal inthe High Conrt began. 23.11.09.—Judgment of the Appellate Court delivered. 2-1-10.—Hearing of reference commenced before Mr. Justice Harrington. 20-1-10.—Murder of Inspector Huq in the High Court corridor. 2 6-THE PRELIMINARY ENQUIRY.FIRST INFORMATION REPORT, 13 The following First Information Report reux filed by Inspector P. C. Biswas before Mr. 1. Birley, District Mayistrate on the 19th May 1908 : FIRST INFORMATION REPORT. In course of the investigntion of the Narayangarh train wreek- ing case, Midnapur, which oceurred on the morning of the 6th December last, a clue was obtained of the existence of a secret society working with its head qnarters at various places in Caleutta. The information thus received was followed up and a number of officers detailed fo watch ifs operations in plain clothes. The following are some of the important places where its members used to conspire together against the lives of the rulers of the country with a view to overawe the Imperial and the Provincial Governments in India by means of criminal foree or show of criminal force to secure independence of their country. 1. 32 Muraripukur Road (Garden house) which is the joint property of Arabinda Ghose, Barindra Ghose and their two brothers Monomohan Ghose and Benoy Ghose. 2. 23 Scott's Lane where Arabinda Ghose, Barindra Ghose and theiv friends Abinash Chandra Bhattacharji and Snileudra Bose used to mess together. First Information. 3. 38-4 Raja Nava Kissen Street where explosives were prepared by accused Hem Chandra Das. 4, 15 Gopi Mohan Dutt's Lane where some of the explosives were stored and manufactured by the members of this society. 5. -+ Harrison Road where the “Yugantar” book shop has heen started. 6, 30-2 Harrison Road where the members of this suciety used tu congregate from time tu time in view of carrying on correspon- dence with its other members working or employed at other places. 7. $84 Harrison Road where some of the explosives and ammunitions were stored. 8. “ Navasakti” Office, 48 Grey Street, where Arabinda Ghose, his brother Barindra Ghose and their frionds Abinush Chaudra Bhattacharjee and Sailendra Bose removed to on the 30th April last. On tho Ist instant information was received of the bomb outrage at Mozafferpur nm tating immediate action and warrants were taken out for simultancous house searches in Calcutta.Vt ALIPFORE BOM CASP TRIAL, On the 2nd instant at 5 a. u. the searches commenced at different centres and arrests were made with the results noted below :— 1. At the Muraripakur Road garden centre 18 persons were arrested. ‘Their names are: Indu Bhasan Rai of Khulna 1 Barindra Kumar Ghose ’ 3 Ullaskar Dutt of Tippera 4 Upendra Nath Bunerjec of Chandernagore 5 Shisir Kumur Ghose of Jessore Nalini Kumar Gupta of Faridpur Sachindra Kumar Sen of Dacca $ Pores Chandra Maulik of Jessure 9 Kunja Lal Shaha of Nadia 10 Bejoy Kumar Nag of Khulna 11 Norendra Nath Bakshi of Rajshahi 12 Purna Chandra Sen of Midnapur 3 Hemendra Nath Ghosh of Jessore 14 Bibbuti Bhnsan Sirkar of Nadia 15 Nidhi Uria of Cuttack 16° Panu Uria of Cuttack 17 Sachindra Nath Chatterjee of Caleutta 18 Indu Bhusan Bose of Calcutta, The last four have subsequently been released ov bail. Voluminons correspondence, explosives, guns, rifles, revolvers, dynamite and articles used in the manufacture of explosives were recovered from the garden house, from the grounds of the house and baried under-ground as per list enclosed. Some of the under-ground hiding places were pointed out by the accused Barindra Kumar Ghosh. 2. At 38-4 Raja Nava Kissen Strect accused Hem Chandra Das was arrested and a quantity of incriminating correspondence was seized together with other articles as per list enclosed. 3. At 15 Gopi Mohan Datt's Lane accused Kanai Lil Dutt of Hoogly and Nirapodo Rai of Nadia were arrested with a quantity of correspondence and other papers as per list enclosed. 4. At 30-2 Harrison Road some papers were found and taken possession of ride list enclosed. 5. At 134 Harrison Road Nogendra Nath Gupta of Dacca, his ‘rother Nalini Gupta of Dacca, Asoke Chandra Nandy of Comilla,FIRST INFORMATION REPORT. 15 Bejoy Sen Gupta of Burdwan and Motilal Bose of Jessore, were arrested with a quantity of bombs, dynamite, cartridges and other explosives as per list enclosed. It may be uoted that, there is evidence to show that these articles were removed to this place by the accused Ullaskar Dutt from 15 Gopi Mohan Dutt’s Lane. These six persons (including Ullaskar) have been placed under trial under Sections 19 (f.) and 20 of Act. XII, of 1878 (Arms Act.) 6. At the “ Navasakti” Office were arrested accused Arabinda Ghose, Abinash Chandra Bhattacharjee and Sailendra Kumar Bose of 24-Pergannas. With them was found a quantity of incriminat- ing correspondence as per list enclosed. On 3-5-08, acensed Din Dayal Bose of 24-Perganas was arrested ar No. 80 College Street where a quantity of correspondence was found and seized as per list enclosed. On 5-508, accused Narendra Nath Gossain of Scrampur, Hoogly, was arrested at that place with lots of papers, cartridyes, buck-shot and caps as por list enclosed. On 10-5-08, acensed Sudhir Sirkar of Khulna and Hrishikesh Kanjilal of Hooghly were arrested at their homes with some papers and correspondence. Of the persons thus arrested, the following have coufessed. 1, Upendra Nath Banerjee, to the existence of the secret society and his being a member of it. 2. Barindra Kumar Ghose to the above fact and also to his participation in the preparation for derailing His Honor's special between Mankundn and Chandernagore Railway Stations, the Narayangarh derailment case in December last, the French Chander- nagore Bomb outrage case in April lust and to the abetment of the Muzafferpur murder case, on 30-408. 3. Indu Bhnsan Rai to the existence of the secret society and to his participation in the French Chandernagore bomb outrage case. 4, Bibhuti Bhusan Sirkar to the existence of the secret society and to his complicity in the preparation for derailing His Honor’s special between Chandernagore and Mankundu Railway Stations and to pis participation in the Midnapur train wrecking case. 5. Ullaskar Dutt to the existence of the secret society, to his complicity in the attempt at derailing His Honor’s special near Chandernagore Railway Station at.or about the last Dewali, preparation for the same during the last winter between Chander- nagoro and Mankundu Railway Stations and to the abetment of the Narayangarh train wrecking case, the French Chandernagore bomb outrage case and the Mozafferpur murder case. 6, Noren Gossian to the existence of the secret society and hisLi ATIPORE ROME CASE ‘TRIAL participation in the attempt at wrecking His Honov’s special near Chandernagore Railway Station at or about the last Dewali and to his complicity in the French Chandernagore bomb outrage case. 7. Hrishikesh Kanjilal to his being a» member of the secret society and his participation in the attempt at wrecking His Honor’s special near Chandernagore Railway Station. 8 Sudhir Kumar Sirkar to his being a member of the secret society. From the above it will appear that altogether five cases occurred as the vutcome of the conspiracy of this socicty. These cases are :— 1. Attempt at wrecking His Honor’s special train between Manknaoda aud Chandernagore Railway Stations at or about the last Dewali. Accused Ulaskar Dutt, Urishikesh Kanjilal and Noren Gossiin who took part in it, are under arrest, They have all confessed to their participation in it. 2. Preparation for blowing up His Honor's special between Mankandu and Chandernagore Railway Stations during the last winter, Accused Barindra Kumar Ghose, Bibhuti Bhushan Sirkar and Ullashkar Dutt who were concerned in it and have confessed to their share of the job, are ander arrest. 3. Attempt at wrecking His Honor’s special near Narayangarh Railway Station in Midnapur on 6-12-07. Accused Barindra Kumar Ghose, Bibhuti Bhosan Sirkar and Profulla Chaki who actually laid the »mine and accused Ulaskar Dutt who manu- factured it, are under arrest, excepting Profulla who eommitted suicide after the Mozafferpur marder case. 4, The French Chandernagore bomb outrage case on 11-4-08. In it were concerned Barindra Kumar Ghose, Narendra Gossain, Indu Bhusan Rai who have all confessed. The homb used in this case was the handiwork of accused Hom Chandra Das and Ullaskar Dutt of whom the latter has confessed. There were two other persons of French Chandernagore concerned in this case. 5. Mozafferpur murder case on 30-4-08. The bomb made nse of in this case was the handiwork of Hem Ch, Mas and Ulluskar Dutt. Ullas has confessed to this fact. This plot was organised by arcused Barindra Kumar Ghose who bas confessed to his complicity in the crime. Of the two persons actually con- cernod in the murder of Mrs. and Miss. Kennedy, namely Khudhi- ram of Midnapur and Profulla Chaki of Bogra, the former has been arrested and confessed, and the latter committed suicide when an attempt of arresting him was being made. On 12-5-08, Kristo Jiban Sanyal of Maldah and on 14-5-08,FIRST INFORMATION REPORT. Ww Birendra Nath Ghose of Jessore were arrested. Both of them confessed to being membors of the secret society. On 13-5-08, accused Soroj Kumar Mazumdar of Jessore was arrested. He has since been enlarged on bail. In consideration of the fncts already disclosed, I submit this First Information Report, charging the members’ of this Secret Society under Sections 143, 145, 150, 157, 121, 121-A, 122, 123 and 1241P.C. Sd. Purna Chandra Biswas, Inspector of Police, C. 1. D., Bengal. 17-5-08. Along with the first Information Report the following com- a plaint together with the sanction required by 7 Section 196 Cr. P. Code were also filed :-— Purna Chandra Biswas, Inspector of Police, C. I. D., Bengal on solemn affirmation. Sanction has been given to me by the Government of Bengal (the sanction Ex. 1 is here tendered by the prosecution) to prose- cute certain persons under Sections 121-A, 122, 123, 1241. P. C. I now complain against— 1 Barendra Kumar Ghose 2 Indu Bhusan Rai 3 Ullaskar Dutt 4 Upendra Nuth Banerji 5 Sishir Kumar Ghose 6 Nalini Kumar Gupta 7 Sachindra Kumar Sen 8 Poresh Chandra Manllik 9 Kunja Lal Saha 10 Bijoy Kumar Nag 11 Narendra Nath Buxi 12 Purna Chandra Sen 13 Hemendra Nath Ghose 14 Bibhuti Bhushan Sarkar 15 Nirapada Rai 16 Kanai Lal Dutt 17 Hem Chandra Das 18 Arabinde Ghose1s ALIPORE BOMB CASE TRIAL. 19 Abinash Chandra Bhattacharji 20 Sailendra Nath Bose 21 Dindayal Bose 22 Narendra Nath Gossain 28 Sadhir Kumar Sarkar 24 Krista Jiban Sanyal 25 Hrishikesh Kanjilal 26 Birendra Nath Ghose 27 Dharani Nath Gupta 28 Nogendra Nath Gupta 29 Asoke Chandra Nandi 30 Moti Lal Ghose 31 Bijoy Ratan Sen Gupta 32 Snsil Kumar Sen 23 Khudi Ram Bose Accusod 1 ta 14 were arrested on May 2 at 32 Muraripukur Road, and arms, ammunition, explosives were found there. Accused 15 and 16 were arvested at 16 Gopi Mohan Dutt’s Lane on May 2, 1908, correspondence was found there, 1 do not know what sort, accused 17 Hem Chandra Das was «rrested at 38-4 Raja Naba Krista St. ; letters and other things were found there. Accused 18, 16 and 20 were arrested at the “ Navasakti” Office, letters were found there. Accused 21 was arrested at Shambazar Tram Depot on May 3, 1908. Accused 22 was arrested at Serampore on May 5. Accused 23 was arrested at Khulna on May 10. Accused 24 was arrested at Kanshat, Dist. Maldah on May 12, : Accused 25 was arrested at Chatra, 1 do not remember the ate. Accused 26 was arrested in Jessore District, Accused 27 to 31 were arrested at 134 Harrison Road on May 2, 1908, there were found three bombs and dynamite and other ex- plosives. Accused 32 has been arrested recently at Sylhet, a telegram has been sent for him. Accused 33 was arrested at Waini on May 1, and is at Mozaffer- pur under trial for murdering 2 English ladies,SANCTION. 19 These people are all accused of organizing a gang for the purpose of waging war against the Government by means of criminal force. (Sd.) L. Birley, 19-5-08. SANCTION. (1) Whereas it has been made to appear to His Honor the Lieutenant-Governor of Bengal that there is reason to believe that during a period commencing from about the 16th October 1905 to date at Manicktolla (32, Muraripukur Rond), Calentta and other places, the following persons have committed offences punishable under sections 121A., 122, 123 and 124 of the Indian Penal Code, Babu Purna Chandra Biswas, Inspector of Police, Criminal Tnvestigation Department, Bengal is hereby ordered and authorized by His Honor the Lieute- nant-Governor of Bengal under the provisions of Section 196 of the Code of Criminal Procedure to prefer complaint against and to prosecute these persons, namely :-— 1. Barindra Kumar Ghose, son of K. D. Ghose of 32, Marari- pukur Road, 2 Indu Bhusan Rai, son of Tarak Nath Rai of Sriphaltola, Khulna, 3. Ullaskar Dutt, son of Dwijadas Dutt of Kalikanchha, Brahmanberia, Tippera, 4, Upendra Nath Banerjee, son of Roma Nath Banerjee, of Gondalpara, Fr. Chandarnagore, 5, Shisir Kumar Ghose, son of Tarini Ghose of Sagordari, Keshabpnr, Jessore, 6. Nalini Kumar Gupta, sou of Rajani Kumar Gupta of Harowa, Faridpur, 7. Sachindra Kumar Sen, sen of Debendra Nath Sen of Sonarang, Munshiganj, Dacea, 8. Poresh Chandra Moulik, son of Jadav Chandra Moulik of Rainagar, Magura, Jessore, 9 Kunja Lall Shaha, son of Ram Lal Shaha of Mozampur, Kushtea, Nadia, 10. Bejoy Kumar Nag, son of Bepin Behari Nag of Basaha- hati, Bagerhat, Khulna, 1. Norendra Nath Bakshi, son of Umesh Chandra Bakshi of Mathpur, P. $., Mohadevpur, Rajshahi, 12. Purna Chandra Sen, son of Jogindra Nath Sen of Chand- pur, Daspur, Midnapur. Sanction.20 ALIPORE GOMB CASE TRIAL. 13, Hamendra Nath Ghose, son’ of Rai Charan Ghose of Sagordari Keshabpur, Jessore, 14. Bhibhuti Bhushan Sircar, son of Saroda Sircar of Sutra- garh, Santipur, Nadia, 15. Nirapodo Rai, son of Rajani Kanta Rai of Baghachra, Santipur, Nadia, 16. Kanai Lal Dutt, son of Chuni La) Dutt, Tantipara, Seram- pur, Hooghly, 17. Hem Chandra Das, son of Khettra Mohan Das of Radha- nagore, Narayangarh, Midnapur, 18. Arabinda Ghose, son of K. D. Ghose of 48, Grey Street. (Navasakti Office), 19. Abinash Chandra Bhattacharjee, son of Umacharan Bhattacharjee of Arbellia, Badnria, 24-Parganas. 20. Sailendra Nath Bose, son of Kedar Nath Bose of Arhellia, Baduria, 24-Parganas, 21, Nogendra Nath Gupta, sou of Girija Prosanna Gupta of Bidgaon, Munshiganj, Dacca, 22, Dharani Nath Gupta, son of Girija Prosauna Gupta of Bidgaon, Munshiganj, Daccu, 23. Asoke Chandra Nandy, son of Mobendra Chandra Nandy of Kalikanchha, Brahmanberia, Comilla, 24. Bejoy Ratna Sen Gupta, son of Gopal Chandra, Sen Gupta of Satgoria, Purbesthali, Burdwan, 25. Moti Lal Bosc, son of Poresh Nath Bese of Simuria, Narail, Jessoro, 26. Din Dayal Bosc, son of Kedar Nath Bose of Arbellia, Baduria, 24-Parganas, 27. Novendra Nath Gossain, son of Debendra Nath Gossain of Serampur, Hooghly, 28. Sudhir Kumar Sirkar, son of Prosanna Kumar Sirkar, Civil Hospital Assistant, Khulna, 29, Kristo Jiban Sannyal, son of Kali Kristo Sannyal of Kan- sat, P. O. Kansat, Maldah, 30. Hrishikesh Kanjilal, son of Amar Nath Kanjilal of Chatra Serampur, Hooghly, 31. Birondra Nath Ghose, son of Trailokhya Nath Ghose of Sagordari, Keshubpur, Jessore, 32. Khudiram Bose, (under arrest in Mozafferpur), 33. Susil Kumar Sen, son of Kailas Chandra Sen of Benia- chang, P. S. Beniachang, Sylhet,STATEMENT OF ACCUSED PERSON. 21 for the said offences under Sections 121A, 122, 123, 124 of the Indian Penal Code, or under any other Section of the said Code which may be found to be applicable to the case. By order of His Honor the Lientenant Governor of Bengal. (Sd.) BE. A, GAIT. 17th May 1908. Chief Secretary to the Government of Bengal. (2) Whereas it has been made to appear to His Honor the Lieu- tenant-Governor of Bengal that there is reason to believe that during a period commencing from about the 16th Octoher 1905 to date at Manicktola (32, Mararipukur Road), Caleutta and other places the following persous have committed offences punishable under Sections 121A, 122, 123 and 124 of the Indian Penal Code Babu Purna Chandra Biswas, Luspector of Police, Criminal Inves- tization Department, Bengal, is hereby ordered and authorized by His Honor the Lieutenant-Governor of Bengal under the provi- sion of Section 196 of the Code of Criminal Procedure to prefer complaint against and to prosecute these persons, namely :— 1. Birendra Chandra Sen, son of Kailas Chandra Seu of Baniachang, P. S. Baniachang, Sylhet, 2. Hem Kumar Sen, son of Kailas Chandra Sen of Baniachang, Baniachang, Sylhet, ¢ said offences under Sections 121A, 122, 123 and 124 of the Indian Penal Code or under any other Section of the said Code which may be found to be applicable to the case. By order of Ilis Honor the Licutenant-Governor of Bengal. ’ (Sd.) K. A. GAIT. Chief Secretary to the Government of Benyal. 23rd May 1908. From the 4th May to the 19th May 1908 the aecused persons were brought before the Jistrict Magistrate from time to time as they were arrested for the purpose of their confessions and statements being recorded. The aceused Sushil Chandra Sen was brought in custody on the 20th May and his brothers Birendra Chandra Sen and Tlem Chandra Sen were brought down to Calcutta and placed on their trial along with the others on the bid June. The confessions of those who confessed are given low :— STATEMENT OF BARINDRA GHOSE. The statement of Barindra Kumar Ghose, aged about 28 years, made before me, L. Birley, Magistrate of the first class at Alipore on the 4th day of May 1908 in the English Language . My name is Barindra Kumar Ghose. My father’s name is Doctor Krishnadhan Ghose. Confessions.uu ALIPORE SOMB CASE TRIAL. Iam by caste Kayast, and by occupation formerly contributor to Jugantar, I was born at Croydon in England. My home is at Mauza , Thana District 1 reside at 82, Moraripukur Road, Maniktolla. Q. Do you wish to make a statement before me ? A. Yes, Q. Do you understand that your statement being made before a Magistrate will be admissible in evidence against you? A. Yes. Q. Is your statement being made voluntarily or has any pressure been put upon you to make it ? A. No. 1t is quite voluntary. Q. Will you tell me what you have to say ? A. Whatever I had to say I have said ina written statement. Q. Have you any objection to making that statement to me here ? A. Shall I begin from the very beginning? Q. Yes. A. In my statement I shall be a little vague about time because it is difficult to remember dates. I passed my Entrance Examin- ation from the Deoghur School. Q. At what age did you come to India? A. When I was one year old. After passing the Entrance Examination | went to Dacca where my brother Manmohan Ghose was Professor ahd I read up to the First Arts there. After that I gave up my studies and went to Baroda where my brother Arabinda Ghose was a Professor in the Gaekwar’s College. There I devoted myself to the study of History and Political Literature, After boing there for a year J came back to Bengal with the iden of preach- ing the cause of independence as a Political Missionary. 1 moved about from District to District and started gymnasiums. There yo ung men were brought together to learn physical exercises and study Politics, I went on preaching the cause of independence for nearly two years, By that time 1 had been through almost all the Districts of Bengal, I got tired of it and went back to Baroda and studied for one year. J then returned to Bengal convinced that a purely political propaganda would not do for the country and that people must he trained up spiritually to face dangers. I had an idea of starting a religious institution. By that time the Swadeshi and Boycott agitation had begun. 1 thought of teking men under my own instruction to teuch them and so I began to collect this band which has been urrested. With my friend Abinash Bhatta- charjya (now under arrest) aud Bhupendra Nath Dutta (now inSTATEMENT OF ACCUSED PERSON. 23 jail) I started the Jugantar paper. We managed it for nearly 1} years and then gave it over to the present managers. After I gave it up I took again to the recruiting. I collected altogother 14 or 15 young men from about the beginning of 1907 untilnow. 1 educated the boys in religious hooks and politics. We are always thinking of a far off revolution and wished to be ready for it, so we were collecting weapons in small quantities. Altogether I have collected 11 revolvers, 4 rifles and 1 gun. Among other young mon who came to be admitted to our circle was Ullaskar Dutt; 1 don’t remember exactly when but about the beginning of this year. Ho said that he wanted to come among us and be useful as he had learnt the preparation of explosives. He had a small laboratory in his house without his father’s knowledge and he experimented there. I never saw it, he told me of it. With his help we began preparing explosives in small quantities in the garden house at 32 Moraripukur Road. In the meantime another friend of oura Hem Chandra Das of Kundrui in Midnapore District after I think selling part of his property went to Paris to learn mechanics and if possible explosives. Q. When did he go? A. Approximately in the middle of 1907. Q. When did he return ? A. Three or four months ago. when he came back to join Ullaskar Dutt in preparing explosives and bombs. Q. Where did ho do it ? A. At 38-4 Raja Nabakrishna’s Strect, Caleutta, and at a house which he had rented in Bagh Bazar riz. 15 Gopi Mohan Dutta’s Street. About 5 or 6 months ago that is after press prosecution became numerous wo began to think of using explosives ; and wherever we wont for money we were encouraged to use explosives, Thinking that to be the voice of the nation we submitted and began serious proparations. The first attompt which we made was in French Chandernagore when the Licutenant-Governor was going to Ranchi. Ullaskar Dutt went to Chandernagore with a small dynamite mine and some fuse and detonators and tried to place it on the line just before the special came, he was disturbed at the first place where he began by people coming out of their houses. He tried another place and could not place it properly and the special came and he hurriedly dropt 2 or 3 cartridges and went away, there was a futile explosion. Q. What is your authority for this statement? A. Isent him. I, Ullaskar and Upendranath Banerji used to do these things in consultation. I heard the account from Ullaskar.2t ALIPORE BOMB CA’ B TRIAL, When the Lientenant-Governor was comiug back from Cuttack two others started with a similar object 27z., Profulla Chandra Chaki of Bogra and Bibhuty Bhusan Sarkar (of Santipur I believe) T went with them. We thought he would come back via Asansol. We went to Chandernagore. Q. What had yon with you ? A. A mine and fuse. We waited but he did not come that way. Q. Did you lay the mine? A. Yes, Q. Where? A. Between Chandernagore and Mankundu Stations. As hedid not come we picked it up and brought it away; we enquired at Chandernagore Station and we were told that the Lieutenunt- Governor was not coming that way. The third time we went on a similar errand to Kharagpur. Q. Who went? A. The same 3,1, Profulla and Bibhuti. We left the train at Kharagpur at 104.0. Tu the afternoon we went by train to Narayangarah where we waited on the road which is parallel to the Railway line. When it was dark we went to tMfe Railway line and waited till 9 pi. We waited at a spot about a mile from Narayan- garah on the Kharagpur side. Here I shall give minute details because innocent people have been punished for this offence. We had with us a mine made of 6 Ibs. of dynamite charged in a thick iron vessel with a lid at the top. The lid had a hold in the centre. We had # fuse made of picric compound and powder was placed in a paper tube; we used a leaden pipe in case it should get choked hy ballast. While we were placing the mine the leaden pipe was found too long so we cut a piece off and threw it down there. We had a dark lantern with candles. We had various things wrapped up in paper and we had copies of the Bnglishman and of the Bande Mataram; we ulso left them behind. They had stains of picric acid on them because the fuse was wrapped up in them. We hada card board shoe box which we left behind. We pnt cotton in the card board box and then fuse and then cotton over it. We left the pieces of cotton behind. We ate sweets there near some bushes below the line: we left some sal leaves with the remnants of the food. We placed the mine there und between 11 and 12 at night 1 alone went hack to Narayangarah and went by the last down passenger to Calentta. I left behind tho two boys and they placed the fuse on the line when the special came. They [said they were about 1} miles away when the explosion took place. We took no assistance from any cooly or any one else.STATEMENT OF ACCUSED PERSON, 25 After that there was a bomb outrage at Chandernagore. Hem Chunder Dass prepared the bom). Indu Bhusan Rai of Jessore and T and Narendra Nath Gossami of Serampore went to Chander- nagore together : we left the train at Mankundu Station at sunset. We went straight to Chandernagore Strand and waited till 10 p. m. We did not see the Mayor that night. We went and stayed the night under a tree near the Station and the next morning Indra aud Narendra went to Scrampore to Narendra’s place. Naren is the sov of Nando Iual Gossami, Zemindar. I returned to Calcutta. Wo went to Chandernagore again the same evening. T left the train there and Indra and Naren left at Mankundu. We met in the Strand and Indra undertook to throw the bomb, He went to the window of the dining room where the Mayor was dining with his wife: that was on the ground floor in a bye lane. He threw the bomb through the window gratings. We three went to Telinipara Ghat and crossed the river to Shamnagar and thence to Calcutta. The bomb did not work ; we came tu the conelusion that the picric acid was bad. 1 was at a little distance when Indra threw it. There is one more ineident, that at Mozafferpore and [ shall explain it. Profulla Chandra Chaki insisted on going with a bomb 40 Mozifferpore to do away with Mr. Kingsford because he had tried the cases against the Nationalist papers. The people in the country demanded his death. Hem Chandra and Ullaskar prepared the bomb at 15 Gopi Mohun Dutt’s Lane, it was made of dynamite put iv a tin case with a wooden handle. Upendranath and IT consented to Profalla going, and Hem Chandra recommended Khndi Ram Bose of Midnapore, he was also allowed to go. 1 gave them two revolvers because they wanted t. kill themselves if they were caught. Khudi Ram Bose was an outsider. He did not know of the garden house or of 15, Gopi Mohan Datt’s Lane. Te was staying with Hem Chandra Das. [ tovk Profulla from the garden house, No, 32 Mauraripukur Rowl to 15 Gopi Mohun Dutt's Lane and there he packed the bomb ina cauvas bag and revolver with it. Q. Where did you get the revolvers ¢ A. 1 do not wish to say. 1 took Profulla to Hem’s place and left him with Khudi Ram. I was told that they starled the same night. Q. When were you arrested ? A. The day before yesterday early in the morning. Q. Where ? : +26 ALIPORU BOMB CASE TRIAL. A. At 32 Muraripukur Road. Q. Who else was there ? A. Ullaskar Dutt. Upendra Nath Banerji. Tundra Bhusan Rai. Bibhuti Bhusan Sarkar. Pares Chandra Maullik. Nalini Kanta Gupta. Knnjo Lal Saha. Sachindra Nath Sen. Purna Chandra Sen. Hemendra Nath Chose Sisir Kumar Ghose y Chandra Nag and others (2. What were they doing there ¥ A. ‘They ave being instructed by me and Upendranath in religions and political hooks. Q. Do they live there ? A. Yes they were staying there with us. Q. How was this household supported ? A. I collected money from different people for snpporting them. The object was to teawh them and sent out missionaries avd for this anarchicad work. Q. What did the Police tind ? A. They found the weapons which T have mentioned and a quantity of dynamite and some bottles of nitric acid, sulphuric acid and picric acid. These things were buried in two ivon tanks in the ground and in an earthen pot. The police found one and T pointed out the other two, There is one other thing which 1 cnn't tell you, ez. the supporter’s names. Q. Are any people out now on similar errands ? A. No. 7 also want to say that we are not responsible for shooting Mr. Allen nor for the Kustia shooting case. Q. Have you planned to destroy any one else ? A. No. We have discussed destroying the Viceroy and the Commander-in-Chief but the plans took no practical form. We never believed that political murder will bring independence.STATEMENT UF ACUCSED P&kSON, i S Q. Then why do you do it ? A. We believe tho people waited it. (Sd.)_L. Birloy, 4.5.08. Please take down my motive for disclosing these facts. Our party was divided as to propriety of disclosing these facts. Some thought they would deny everything aud take the conse- quences bnt 7 persuaded them all to give writien and oval statements to Tuspector Ramsaday Mukerji heeause 1 believe that as this hand was found ont, it was best not to do any other work iv the country, and becanse we vught to save the innocent. (8d) 1. Birley. 4-508, (sd.) Barindra Komar Chose. (Signature of the accused.) 1 believe that the confession was voluntarily made. 1 was iaken in my presence and hearing and was read over to the person invking it, and admitted hy him to he correct, and it coutains a fall and true account of the statement made by him. (Sd.) L. Birley, nature of Magistrate.) ‘The statement was recorded in open Court between 3 and 0 p.m. The accused was guarded by 2 constables of the Bengal Police and uot by the Calentta Police Constables who brought him. No other Police Officer was in Cont, (Sd.) 1. Dirley. 4-5-08, The statement of Bibiuti Bhusan Sarear, aged about 20 years, made hefore me L. Birley, Magistrate of the Ist chiss at Alipore on the -tth day of May 1908, iy the Bengali language. Bibhuti's Confession. My name is Bibiaty Bhusan Sarkar. My father’s uame is Sarada Prasad Sarkar. { ain by caste Kayst, and by occupation veading, living in Moravipukuy Garden. My home is at Mouza Santipur, Sutvagarh, Thana Santipur. Districh Nadia, 1 reside at 32 Muraripokur Road, Maniktolla. ish to make a statement. { anderstand that J am before it Magistrate and that what J say wil be evidence against me. No one has compelled me to say anything. T have been living 1 Muraripukur garden house since the time when the L. G, was returning from Cuttack and there was a plot to put a bomb on the line. What I know about that occurrence is2s ALIPORE BUMB CASE TRIAL. that I dug a hole in the line by the side of bridge: at that time Prafulla Chaki was with me. Barendra, Prafulle and I all went to Chandernagore, but the L. G. did not come by the EK. I. R. line. We waited from 4 p. ». till morning and then took the mine away because the L. G. did not come. We had only made a hole and not put the mine in it. After that when the L. G. had gone to Cuttuck, Prafulla and J went by the Puri passenger and left the train at Benwpur about 2-30 p.m. From Benapur we walked in the direction of Narayan- garh to look for a place to place a bomb. After goiug 4 miles we found a good place ; we went to a place by the side of the road under a tree. After 9 p.m. Profulla and 1 went out to make a hole by the line and by 2-30 a.m. made it ready and walked to Khargpur and returned to Calcutta hy the Bombay mail. On the day when the L. G. wax expected 1 and Barendra and Prafulla with a mine and lead pipe which Baron produced, went to Khargpur in the Asansol passenger. We went on hy the Pari passenger 19 Narayangarb and then to the place where the hole wax. The L. G. did not come that day. We returned with the mine to Khargpur ; Prafulla and T waited ad the waiting room and Barendra returned to Caleutta. The next day Baren came to usat Khargpur with an aglishinan newspaper. From the paper we saw that the L. G. would come next day ; next day we wait by the Puri passenger arriving at Naryaugarh at 4pm, At S pat. we went to the hole aud at 11%, a. put the mine in the holo aud Baron Babu returned at midnight to Culentta by the Puri passenger. Prafulla and 1 stayed till 2-35 4. ue and at 2-30 4. mM. we had placed the fdse on the line, We w: towards Khargpur. After oing two miles we heard the explosion of the mine. { did this because the Mahamadans opposed the Hindus at Jamalpur and Comilla and I learnt that it was doue on behalf of the English. (Sd.)_ L. Birley. oo 45-08 The statement of Ullaskar Dutt, aged about 22 years, mado hefore me L. Birley Magistrate of the Ist class at Alipore, on the 4th day of May 1908, in the English language. . My name is Ulaskar Dutt. My father's name is Dwija Das Datta. 1am hy caste Boidyo, aud by occupation covkeeper. My home is at Manza Kalikancha, Thana Brahmanberia, District Tippera. T reside at Sibpur P. 8. Sibpur, District Howrah. Q. Do you wish to make a statement to me ” A. Yes.STATEMENT OF ACCUDED PERSON. 29 Q. Do you understand that the statement which you will make before me being made before a Magistrate will he admissible as evidence against you. A. Yes. Is the statement made on account of any pressure being brought to bear upon you ? A. No. T should like to make the same statement as the written statement which I haye given to the Police. Q. Have you objection to making a statement orally to me ? A. No. Q. What is your story ? A, Lhad known Barendra Kumar Ghosh for 4 or 5 years and ‘or 10 inonths agu L joined his Socicty. Q. What are the circumstances under which you joined ? A. Vt had been announced in the Jayantar that a Secret Society would he started and I had a natural inclination to join so J got introduced by Barendra. Q. What nsed you to do when you joined the Soviety ? A. J used to prepare explosives. Q. When did you learn this ¥ A. Before T joined. Q. How # A. 1 made a private laboratory of my own and tried experi- menis with small qnantities. Q. Were you taught ? A. No, Q. What particular occurrences save you any information to give about ? A. 1 was present at a» futile attempt at train wrecking at Chaudernagore, 1 went myself alon: and I took a mino made out of au iron cylinder with dynamite in it. 1 could uot set it properly, because the train came up very quickly and I could not arrange it, Q. For whom the mine was intended ? A. For Sir Andrew Fraser’s special train. Q. Who made that mine? A. I myself. After that was the Khargpur affair, 1 did not go to that Baren, Bibhuti and Profulla Chandra Chaki went. They took another mine.30 ALIPUKE BOMB CASE ERIAL. Q. Who made it? A. [ made it, Q. Where ? A. Ina house in Goabagan iu a lane of which I forget the name. We hired the house, perhaps Baren Balm hired it. Q. What was the mine like ? A. Té was in a cast irou cylinder; ib contained 5 Ibs. of dynamite, There was a fuse made of pieric acid and clorate of potash. Q. Did yon make any explosives for use on any other particular oceasion ? A. No, Q. Where wore yon arrested A, At 32 Moraripukur Road. Q. How long had you been there ? A. Lused to go there for 2 or 3 days ata time and had been in the habit of doing so for about 8 or 10 months. Q. What used to take place there ? A. We had a religious and moral training class for new comers. T usod to read the Upanishad (a sacyed hook) there. | used also to prepare and experiment with explosives. Q. Did any one else prepare and experiment with explosives ? A. Not there. Hem Chunder Das, who recently caine from Franee used to propare explosives and bombs at his own place and at Gopi Mohun Dutt’s Lane. Q. Have yon anything else to say ? A. If you question me 1 van say. Q. Do you know anything about the Mozafferpore outrage ? A. Yes, Uknow that Profulla Chandra Chaki and Khudiram Bose went out for that purpose. 1 know heeause 1 was at Gopi Mohun Dutt’s Lane, when they started about a week ago in the evening. Q. What did they take with them ? A. A bomb, Q. How thd they take itt A. Ina canvas bag belonging to us and to uo body in particular. Q. Do you know who made the bomb ? A. I heard that Hem iade it but 1 was uot there when he madeSTATEMENT OP ACCUSED PE Q. Who are the leaders of the Society ? A. There is no recognised leader, but Barin Bahu acts as a leader. Q. Who are the members ? A. Baren, I, Hem Chandra Das, Upendranath Banerji, Indra Bhusan Rai, Profulla Chandra Chaki, Bibhuty Bhusan’ Sarkar ; these are the actual workers: there are others who were new comers and used to be in the garden but have uot been taken into confidence. Q. You say you made the mine for the Khargpur affair. To whom did you give it ¥ A. lo Barin Babu: he took it from the house at Goabagan. (Sd). L. Birley. 4.5.08, J wish to add that the oljeet of my confession iy that innorent persons shall not suffer, (Sd) UMaskar Dutt, (Signature of the acensed), (Sd). L. Birley. (Signature of the Mawistrate). The statement of Indra Bhnsan Rai, aged about 18 yeara, made before me T, Birley, Magistrate of the Ist class at Alipore on the 4th day of May 1908, inthe English langnage. My name is Indra Bhusan Rai. My father’s name is Tarak Nath Rai. Tam by caste Kayast and hy occupation Talukdar, My home is at Mouza priphaltolla, Thana Khulia, District KhnIna. | reside at 32 Moraripakur Road, Maniktolla. Q. Do you wish to inake a stater-ent ? A. Yes, 1 have already mnde one. Q. Do you wish to make it to me, n Magistrate, knowing that it can be used as evidence against you ? A. Yes I understand. Q. Has any one put pressure wo you to make a statement ¥ A. No. Q. What have you to say ? A. 1 have been living at 52 Moraripnkur Road for a month and a half studying Gita’and preparing shells. Q. Under what circumstances did you first ¢o there ?32 ALIPORE BOMB CASE TRIAL. A. I met Baren Babu 1} monthsago in College Square: I knew his namo before. He told me there was a Secret Society and said he could allow me to join if I wished. Q. Did he say what its object was ? A. No. I knew already that its object was to make India free from the Foreign Yoke, and to establish a better Government. Q. Where were you cducated ? A. I was taught at the Azeegara High School in Khulna District and in 1907 March 1 failed in the Kutrance Examination. After that [ was at home for 2 months and then 1 wandered abont. 1 left home beranse my father wanted me to marry and 1 wished to live a life of Brahmochari. At Barin Babu’s invitation 1 joined the Society and went to live at 32 Moraripukur Road. A few days after | wont there I began to prepare shells with Barin Babu, Bibhuti Sirear and Prafulla Chaki. Q. Was anything done with these shells ? A. Yes, I have thrown a bomb in Chandernagore at the Mayor. I went with Barin Babu and a Scerampore man whose name Ido not know. J threw a bomb at 9 p.m. into the room where the Mayor was taking his food with his wife. The bomb did not burst. Iran away after Thad thrown it. We three met together in the Strand Road and Barin Babi showed me the Mayor's house and then we 3 went near the Mayor's house and Barin and the Serampore man went into a lane. Q. Did you take part in any other occurrence ? A. No. . Q. Have you anything else to say ? A. The main object of my sacrificing my life is to set examples in the country. Q. Who taught you these ideas ? A.T got them from studying histories viz. Anaidomath of Bankim Babu, and Russian Revolutionary History. (Sd.) L. Birley. To 4th May, 1908. ‘The statement of Upendra Nath Banerji, aged about 29 years, made before me L. Birley, Magistrate of the . Ast class at Alipore on the 4th day of May 1908 in the English language. Q. Do you wish to make a statement to me ? A. Yes, Upen’s Confession,STATEMENT OF ACCUSED PERSON. 33 Do you understand that if you make a statement to me, a Magistrate, the statement will be admissible as evidence against you. A. Yes. Q. Has any pressure been used to get you to make a statement ? A. No. Q. What have you to say ¥ A. 1 passed the F. A. Examination from Dupleix College, Chandernagore in 1898. 1 studied in the Medical College Caleutta for 2 years and [ gave up my studies throngh failure of health for 1 year and then joined the Duff College of Calcutta where 1 studied for ubout 2 years and then joined the Adwaita Asram in Mayabati, Almora, for studying Hindu Philosophy aud Yogu. After being there nearly 2 years [ went home and was engaged as Assistant Head Master in the Garbati High School, British Chandernagore. I stuck to the post for nearly 14 years and was then 2nd master in the Bhadreswar English School for about « year. With a view to serve my country | gave up this post and joined the Band» Mutaranc staff as an assistant editor. 1 had that post for nearly year, at this time | was a regular contributor to the Jugantar. In order to carry ont our work systematically 1 thought it necessary to found a sort of religious political society which would devote itself wholly to the cause of Indian regeneration but as 1 thought that the people of India wonld not be taade to do any work except through religion | wanted the help of some Nadhus, | wander- ed about India looking for Sadhus but could’t find any. Failing Nadhus 1 fell back upon school boys and collected them to give them religious moral and political education. Barindra Ghose had began to collect youths and in September last I joined him. Since then [ have heen mainly engaged in teaching the boys about the state of oar country and the need of independence and that the only way left_us is to tight for independence and to start secret societies in different parts of the country to propagate ideas and collect arms and rise in rebellion wheu the time shall be ripe. I knew that Barindra, Ulaskar and Hem were engaged in manufacturing bombs with a view to do away with the lives of those Government officials who by repressive measures hampered our work e/z, the Lieutenant- Governor and Mr. Kingsford. Barindra told me before he started that he was going to try to wreck the Lieutenant-Governor’s train at Khargpur : when he came back he said he had laid the sine. Bibhuti and Profulla went with him. I know this because Barindra told me. He told me they had reported to him that it had been snecessful and they had heard a loud explosion, Q. Do you know anything about the Mozafferpore outrage ?34 ALIPORE BOMB CASE TRIAL. A, I heard from Barindra about a fortnight ago thet Profulla and Khudiram would be sent to Mozafferpore to take Mr. Kings- ford’s life. Q. What did you say when you heard this P A. I said nothing becanse I was not in charge of that depart- ment, but in charge of the education of the boys. Q. Was Profulla under your instructions ? A. No. 1 used to teach the new recruits. I have made this statement because we agreed to tell the truth if arrested so that the innocent might not suffer, and that our successors may use greater caution, (S4.) L. Birley. Lo 4.508. The statement of accused aged about 18 years, made before Suahte's Contesston, ™°, L- Birley, Magistrate of the Ist Class, at ghar’ Gontesele"- Alipore on the 11th day of May 1908, in the English Innguage. Q. Do you wish to make a statement to me ? A. Yes. Do you understand that I am a Magistrate and that any- thing which you say to me can be used as evidence against you ¥ A. Yes. Q. Has any pressure heen used to induce yon to make # statement ? A. No. Q. Where were you at School ¢ A. Iwasa pupil at the Khulna Zilla School until nearly 2 years ago. Q. Why did you leave * A. For 2 reasons, first because of the Swadeshi agitation, and secondly because I failed in 2 subjects in a School Examination. Q. What did you do then ? A. My father sent me to Sahehrange to my brother Narendra Kumar Sircar, who was assistant Jailor at Bhagalpar. My father wished me either to get employment or continue my stv fies. I had no mind to learn at the Ualeutia University or to get an official employment. [ therefore left my brother after about 15 days and went to Calentta and became acquainted with Bari- tra Kumar Ghose. Q. When was that ? A. Abont a year and a half ago.STATEMENT OF ACCUSED PERSON. 35 Q. How did you make his acquaintance ¥ A. I met him at the Jugantar Office where I nsed to get the Jugantar newspaper: the office is at 41 Champatola Ist’ Lune. T assisted at publishing the newspaper. Q. Who were managing it then ? A. Abiuash Chandra Bhattacharjee was Manager and there were also helping in the office Upendra Nath Banerjee, Barindra Kumar Ghose, Dindayal und Sailendra Ghose. Dindayal was only living there : he was employed by the Tramways Co. Q. How long did you help in the office ? A. I lived there one month. I took no pay. Upendra gave me some books and I bought others on his recommendation: he instructed me to read them. Q. What books ? A. “The works of Majini”, “Garibaldi”, “Desherkatha” b: Sakaram Ganesh Deoskar, Bankim Babu’s works, Bhudeb Babu’s works (he was Director of Public Instruction), Uponishod, Gita. After being at the Jugantur office one month I went to Khulna and vead these books there. J spent most of my time at Khulna and occasionally came to Maniktola und used to stay for 7 or 8 days at a timcin the Garden house of Barindra. I first got to know the garden house while I was in the Juyantar office. Barindra took me there saying that there was an ion for religion and self-abnega- tion and political purposes. Q. Who uscd to live at the Garden house ? A. Upendranath Banerjee who used to teach me from the hooks named abo: These also used to be there Barindra, Sishir Kumar Ghose, Bejoy Kamar Nag, there were muuy others who used to come sometimes for a day at a time or « few hours. 1 cannot remember their names. Q. What were the political purposes of the mission ? A. To serve the motherland and to serve the people. Q. When did you last leave the Maniktolla Garden House ? A. Nearly 2 months ago, since when I have been at Khulna, reading. . Q. How do you support yourself ? A. I was supported by my father who is a Government Hospital Assistant. Q. Have you anything else to say ? A. T intended to teach illiterate people religion, Q. How was the mission supported ?36 ALIPORE BOMB CASE TRIAL. A. Barindra had a lot of money. (Sd.) L. Birley. 11-508, The statement of accused Birendra Nath Ghose, aged about 173 years made before ine |. Birley, Magistrate of the Ist class at Alipore on the 15th day of May 1908, ix the English language Q. Do you wish to inake a statement to me ¥ A. Yes. : Q. Do you understand that Tam a Magistrate aud that if yon make a statomeut to me it can be used as evidence against yon ¥ A. Yes. Q. Have the police ill-treated you in order to get you to make a statement ? A. No. Q. What is your history + A. My father is a small landowner: 1 have + brothers r/2., Satyendra Nath Ghosh, Dhirendra Nath, Sailendra Nath aud Jitendra Nath. Q. Are any of the peuple who have heen arrested related to your A. Hemendra Kumar «nd Sishir Kumar are the sons of my father's consin. Arabindo Ghose is the son-in-law of my cousin Bhapal Chandra Bose. Q. Where were you educated ? A. At Dibrugarh, which T left in October 1907. Then 1 went to Shillong to stay at the house of Bhupal Chandra Bose, Assistant Director of Land Reeords and Agriculture in Kastern Bengal. I went there with my nephew Sudhir Kumar Basu. [ stayed till December and then went to Khulua to study at the National School. i stayed in Khalna with my covsin Hemanto Kumar Mazumdar who was a teacher in the school. He was transferred to Jessure National School about the end of December. After he left [ stayed with Jatish Chandra (ihosh, a pleader at, Khulna who is adistant relation of mine. 1 did not join the school because L could not get a permanent place to stny after Hemanto left. I went to my home in January. At the beginning of February J came to Caleutta with the mother of Jatish Chandra Ghose on the occasion of the Ardhodya Jog. In Calcutta, | stayed at 7 Hugul Kuria Lane, the house of Sirish Chandra Mozumdar, a relative of Jatish, and also at 46 Harrison Road with my brother Dhirendra Nath Ghose, who is a student at the Ripon College.STATEMENT OF ACCUSED PERSON, 37 Thence 1 returned home and came hack to Calcutta after a few days. Q. Why did you return to Caleutta ? A. I wanted to study in the National College at Bowbazur Street, Culentta, hut 1 could not get a room in any mess. 1 met Indra Bhusan Ray at Khulna in December: he used to visit Khulna, his home being near there, he used to associate with the students at Khulna. | met him again in February when I came to Caleutla. [was then staying at 46 Harrison Road. I met Indra Bhushan Ray in the road near 46 Harrison Road and he told me that there was an Asram in a garden at Manicktolla, where ‘rita and other Indian Philosophy was taught by Upendra Nath Banerjee. As J had a religious turn of mind I went with him to that garden. Q. When was that ¢ A. At the beginning of March. Q. What time of day did you go there ? A. About 2p, 1. (). What did you tind there ¥ A. J found some boys and young men there and talked with Upendra Nath Banerjee. He told me to read Gita and other bocks and asked me to visit the garden occasionally and to read there. V returned to 45 Harrison Road and went there again after about a week. L then stopped at the garden till the middle of March. T stayed day and night for 5 or Gdays. Ewas told that it was an Asram and that there of und other philosophieal books. was the teacher, Q. A Dott, Indra Bhusan Ray, Sachindra Kumar Seu, Be joy and one or two more whose names T do not know. Sachindra, Bejoy Kumar Nay and [regularly read Gita and the others studied privately. 1 left the garden about the middle of Maye and returned to 46 Harrison Road. 1 went home again. f eame hack again to 46 Harrison Road aud went to Deoghur with Dhirendra, my brother ; that was about April 7th. Ustayed till May 9 or 10: [then went home on May 13 and was arrested on May Lin the morning. Q. On how many occasions did you stay at the garden ¥ A. For about a week [ went there daily and returned at night to 46 Harrison Road ; and for about a week | stayed there day and night. Q. Do you know what the object of the Society there was ?38 ALIPORE BOMB CASE TRIAL, A. I was given some hints that after one year's complete religious training IT should have to serve my country. Q. How serve your country ? In any way in which Upendra Nath might describe ; he told us that after a year’s training we should be employed in work but did not say what kind of work but 1 was given to understand that I was to sacrifice my life and other secular concerns and do nothing except serve the country. Q. Do you know what else was going on at the garden ? A. No. (Sd.) L. Birley. _ 15-5. The statement of accused Rishikesh Kanjilal aged about 29 years, made before me [.. Birley, Magistrate of the lst class af ‘Alipore, on the 11th day of May 1908 in the English language. Q. Do you wish to make a statement to me ? A. Yes. Q Do you understand that Jama Magistrate and that your statement will be admissable as evidence against yon ? A. Yes. Q. Hasany pressure been put upen you to get you io make a statement ? A. No. Q. What is your statement ¥ A. I passed the Entrance Examination from the Baranagar Victoria Schoo) and F. A. from the General Assembly’s Instita- tion in Caleutta. 1 went in forthe B. A. Examination from the Duff College and failed. WI 1 wa: the Duff College 1 be- came acquainted with Upendra Nath Banerjee of Chandemagore who became my friend. When we were in the 4th year class we thought of renounciug this world and leading the lives of sannayas- sis. Upen left College and went to Mayabati in Almora ; after the examination [ went toe Benares and stayed with my brother and studied Hindu philosophy and Youa. I was abont ‘a year at Benares and then 1 went to Muyubati and found my old friend Upendra Nath Banerjee there and J became acquainted with Ram Chandra Prabha of Madras. 1 studied there Eastern and Western philosophy and so did my friends. When there was an earth- quake at Kangra valley Upen was sent to help the distressed. From there he went to Chandernagore, and when Lord Uurzon trampled over the prayers and protests of the pedple and parti- tioned Bengal I decided to return to Bengal to sorve the cause of my country instead of shutting myself up. I was convinced thatSTATEMENT OF ACCUSED PERSON. 39 we must get freedom and that it was a sin not to stand against the tyranny and oppression of the Government. I therefore came to [war and preached Swadeshi among the Sadhus and induced some of them to do the same. 1 was there a fortnight and then came to Benares. There I received a letter from Upen and came tv Gondalpara in Chandernagore. There Upen showed me a few copies of the Yugantur and | studied them and I decided that we must, secure the political independence of our country, und I asked Upen to enquire in the Yuguntur office whether there was really such organization to free our country from the foreign yoke in Caleutta. That day | went to Chatra and | resolved to get u post in the edueation department so that I might preach to young boys the iden that it was by ceaseless hypocrisy and everlasting dupli- city the English had conquered oar country ; and 1 got a post in Bhadreswar High English School. Four or 5 months after I heard from Upen that ther was really a secret society at Culeutta under the leadership of Barindra Kumar Ghose, and he told me that he would join it soon. He was then also a teacher in the Bhadreswar English School. T then got a post at the Baidyabati School and Upen was appointed as assistant editor on the Bande Mataram staff. Last hot weather | went to the Jugantar Office at 20 Champa- tolla Lane and 1 was introduced to Barindra by Upendra and there- after I became friends with Barindra. He asked me to see him now and then. 1 returned home and afterwards I saw him at 24 Goabayan Lane and J used to go to the Moraripukur Gurden House. [ went there 4 or 5 times. Q. What was going on there £ A. On one occasion when 1 was there Barin told me that Lipen was looking out for suitable place 1 establish an “Asram” for imparting religious and political education to boys. On one oecasion when I was at 24 Gow Bagan Lane | saw Barin, Ullaskar and another boy whose name I forget, they were ready to start for Chandernagore. 1 asked them whet they would do and they told me that they were going to blow up the Lieutenant Governor's train. While we were talking Narendra Nath Goswami of Seram- pore came there. We five went to Howrah Station and thence by train in the evening towards Chandernagore. Barin asked Naren and me to help Ullaskar and the other boy by conducting them safely to Chatra. Naren and [ alighted at Serampore and after sunset hired # carriage and weut to Chandernagore. We left the carriage just. opposite the Chavch and walked to Chandernagore Railway Station. There he waited 2 hours but did not find Ullas- kar and the boy. But when we saw the Lieutenant Governor's Special passing safely we heard only 2 reports like those of crack- ers between Mankundu and Chandernagore Railway Station. We waited there half an hour more, but findin that Ullaskar and the boy did not come we went home.40 ALIPORE BOMB CASE TRIAL, After the Khargpur incident I saw Burin and he told me that he, Profulla Chaki and others went to Khargpur and laid the mine. On another occasion T was at the Moraripukur Road Garden Honse and there 1] saw Upen. We had a conversation about our organization and Upen told me that bombs were being prepared. 1 asked who prepared them and where they were kept but Upen told me that [ should know the whole thing when I became a per- manent lodger in the garden house and he asked me to join them shortly. [had been at 23 Scott’s Lane on one occasion and there T found Upen, Barin, Abinash Chandra Bhattacharji_ and a boy of Utterpara who had come to take Arabinda Ghose to Utterpara for a lecture. Arabinda was in the houxe upstairs. 1 say this becaw Barin told me and 1 also saw him eome down and get into « ca age. That night Baren took me to 78 Russa Road Bhawanipur and Upen accompanied us. 1 found there 4 and 5 boys whose names | did not enquire. Upen told Barin and me that the Mayor of Chandernagore prevented a public meeting being held and that he should be taught a lesson. stopped there for the night and ( saw Ullaskar Dutt there, Next day 1 came home and 2 days after Narendra Nath Goswami of Serampore and a boy came to my houxe at Chatra and told me that they would gu to kill the Mayor of Chandernagore that night and asked me to provide lodging for the boy at night in my house. The boy did not retara to my house that night. After that I did not eume to Calcutta becanse L have had dysentery. 1 do not know about the Kingsford affair or the Alen shooting case, nor have £ had any conversation with members of the Society about those affairs. Q. Are you a member of the Society ? A. Iwas not a registered member but ] was to join them soon. L saw three revolvers when we went to Chandernagore. T wax told by either Upen or Burin that Ullaskar was one of the bomb makers, (Sd.) L. Birley. 115.08. English Translation cf the statement of accused Norendra Nath Goswami made on 5-5-08 before Mr. L. Birley, District Magistrate, Alipore. Q. Do you want to say anything before me ? A. Yes. Q. Do you understand that 1 am a Magistrate and whatever you will say hefure me may be taken as evidence ugninst you. A. Yes.STATEMENT OF ACCUSED PERSON, i Q. Has any one taught you anything by force. A. No. Q. What do you want to say ¢ A. When the Government at the time of the Partition refnsed to listen to our petition, we tried to have “ Swaraj” (Self-Government). J made the acquaintance of Barin about 2 years ago. My heart was touched by reading the “ Jugantar” paper. After the conviction of Bhapendra Nath Dutt, I tried to raise subscription to conduct the paper, 1 came to be acquainted with Hem Chanda Das, Upendra Nath Banerjee and Ullaskar Dnt. Q. What did you do with them. A. 1 didwt stay wit on the subject of + Q. How was this Socicty maintained. hem but held conversation with them A. | do uot know. Barin was the head. He knows every- thing. Q. Did you do anything in particular, A. Tdid. Bariu came to me on the day next previons to the Bomb explosion in the Mayor's house, and asked me to see hin im the Maniktollah Garden the tollowing day. Barin went away. {followed him the nest day. From the garden J, Barin and another boy went to Hem Das’s house at 2 or 3p, ¥. FT don't know the name of the boy. From there we started at 31M. The boy was with us. “He had a bag with him with three revolvers and a bomb, We came to Howral by tram car and thenee went to Chandernagore, ‘There we seated ourselves by the side of the Ganges. Three others joined us there from Chander- nagore. {do not know them, —Bar‘n ordered one of them to look wp what the Mayor was doing then, He retuned withont any infornation. Nothing happened that day. We stayed that day in a house in Chandernagore, | had never been to the place before this and de not know the way well. When we went to the house there was a man there then. We three stayed there that night. At about + in the night we came to Chandernugore Station leaving vur things there. 1 and the lad got into the same train and came down to Serampur, Barin went on to Caleutta. [ and the Iad went to my house. At about 5-35 p.m. we got a carriage and went to Mankundn and then to Chandernagore. On reaching the Ghat we saw Barin with the three hoys and the bag, Barin ordered one ‘of the boys to see what the Mayor was doing. The boy returning said that the Mayor had sat to his meal. J then went towards the Mayor's house with the boy who had come with ns from Calentta and another boy. We (i.e.. 1 and the bay 6a2 ALIPORTE. BROWN CASP TRIAL. from Calentta and another boy of Chandernagore) had each a revolyer in our hands. The boy who had come with us from Calentta had also a. bomb with him. Barin and the two others followed us at great distance. When I was 50 yds. off from the Mayor's house the boy ran up and threw the bomb into the house through the window. There was a sound then like that of Pataka and we three fled away to the side of the Ganges and came to Shamnagore ina ferry boat. We joined Barin on the Ganges side. At Shamnagore we took « carrisge and came to Maniktolla garden. The next day in the morning } went to Serampur, Q. Why did yon do this ? A. My blood became heated on reading the Jngantar paper ; that is, my mind underwent a change. (Sd.) L. Birley, 5-508, The statement of accused Kristo Jiban Sanyal, aged abont 17 years, Made before me L. Birley, Magistrate of the Ist class at Alipore on the 16th day of 1008. Q. Do you wich to make any statement to me * A. Yes. You know that whatever statement you will make before me will be evidence against you. Tama Magistrate, A. Yes. Q. Has the Polive oppressed you in any way ¢ A. No. Q. What statement will you make ¥ A. Lused to study (or read) in the Rajshahi Collegiate School up to September 1906. — The Lientenant-Governor went to see the sthool in the month of duly and about 135 students did not zo to school, because we did not want to make Saalam to Fuller Saheb. For this reason four students were expelled namely, 1, Norondra Buxi, Girija Kanto. Mukutinani and Anantalal Roy. Q. What happened after that + A. 1 went to study in the Rungpur National School. 1 was a student there from the month of Aughran (November and December) till the month of Joisto, (May and June). From there I went home. I read about the Giridih National Sehvol in the “ Nabasakti”. On hearing this I wrote a letter to Nore Buxi as to whether he should study there. He consented. I went to study at Giridih, Naren went 2 week Inter, We studied thereSTATEMENT OF ACCLSED PhRSUS, 45, from the month of Sraban (July and August) till the month of Aswin (October and November). After that we went home during the Poojah Vacation. After the vacation we again went to study at Giridih, We studied there up to the mouth of Baisak (April and May). After appearing at the examination J wrote to Poresh Chandra Mallick that I was going to Calcutta. [made the acquain- tance of Paresh at Rungpur. After writing the letter 1 came to Caleutta with Naren Buxi and on arrival there T stayed at a mess in 44/3, Harrison Road for about 2 or 3 hours, Paresh Chandra Mallick came there. I and Naren went with him to the Manik- tollah Garden. 1 stayed there for 15 days und used to remam there day and night. Q. Who were there # A. Upendra Nath Banerje Barindra Nath Ghos Narendra Nath Buxi. Bibhuti Indro. © These persons always renuained Sachen. \ there. Others stayed there Paresh. oceasionally. UIlas Dutt. Profalla Chaki. (. What was taking place there A. Barin Ghose used to read Gita to me and Upen Banerjee used to read Upanishad tome. Barin also used to read about the Russv-dapanese War. Ullas Dutt delivered lectwes reyardine explosives ou 2 days. Q. How many of yor were present when Ullas delivered lectures about explosives, AL AM those who were then staying at the Garden were prenent, Q. What was the object of these persons ¥ AL Po learn Gita aud Upanishad and for che strenrth aud coud of the country. Q. Did you se ALL suw a lone sin the zarden ? ny thin inside the room. gun in Q. When you were staying there, did any oue lewe the place to do any work ? A. Profullt Chaki went ont with Barin. Four days after they left } went home. We went with Nin one day to Bhoway pore. He went to engage a house there for our men. A house was available, but was not cngaged. CML) L. Birley, 16a5.44 ALAPORE BOMB CASE TRIAL. On the 23rd June the accused Narendra Nath Gossain was tendered pardon under Section 337 Cr. P. Code. He having accept- ed it, was discharged under Sec, 209 Cr. P. C. but detained in s examined as a witness forthe Crown. Altogether 222 witnesses were examined hy the Crown from the 19th May to 15th August. When the inquiry were passed by the D us drawing to a clone the following orders rict Magistrate ou L5th August L908. Examined witness No, 222. No more witnesses present. At this stage Counsel for the proseention informs me that he has certain other evidence which he desires tu produce at the trial. The evidence referred to ix of two kinds (1) translations of correspondence, books and reports and exphunations of manuscript plans already admitted in evidence and files of the Juyantar, Novasakt?, Bande Matavan and Nandya Newspaper. (2) New evidence including evidence of searches of houses of certain of the accused who were sent up after this trial hegnn but are not yet before me, and evidence as to the history of cevtain presses, and of the Baule Matarain and Jegantas being printed at the Saudya Office. His proposed that if satisfied with the evidence | should commit the accused without recordi if this further evidence, With regard to the Ist kind of evidence ] hold that there ix no objection to committing the accused withont first taking this eviden ad Counsel for the defence be cod whether the defence objects does not express any opinion.” There will be delay in obtainmg it and the evidence has as a matter of fact been already admitted ; with regard to the 2nd kind of evidence L hold that snffic.ent evidence as already heen given before me to justify commitment of the accused and | wish to commit them without further delay. The higher Court will then decide whether this furth idence is to be admitted, Conns for the prosecution being ied with this L shall not record farther evidence before commitment. Connsel addressed the Court with reference to the charge and has asked me to consider the propriety of charging accused Barindra for abetment of murder. This question having heen raised | postpone asking him to auswer the question as to whether he claims to be tri ied as a Kuropeau British subject. Le will be asked to answer after he is informed of the charge. This is explained to him. T shall require some days to go through the evidence further, The accused are asked whether they wish to make any farther statements evidence having been taken after their examination. None of them wish to make farther statement. Postponed to August 19th. If 1am not ready then I will give previous notice. (Sd). B. 19-83-08. 1 have informed Barindra Kumar Ghose that he will he tried for abetment of murder and explained that if be claims hisPRELIMINARY LNQUIIY. 4a rights asa Earopean British subject he will be tried by the High Court and if not, he will be tried by the Sessions Court. “He says he does nut claim the right. Accused 2, 3, 4, 5, 6, 7, 8, 9, 10,11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 98, 24, 25, 26, 27, 28, 29, '32, 33, and BF charged ander Sections 121, 12UA and 123'L PLC. aud com mitted fur trial by the Court of Sessions, The accused declined to cite any defence witnesses. | have explained to thom that under Section 21, CP. C. they are required to give a list of their witnesses at once Dut that they will he allowed till to-morrow to do it. (8d.) La. Binley, 26-8-UX, An application has been made to me to-day on behalf of prosccution asking me to conmit Bariudra Kumar Ghose under See. 121, 121A & 128 1. PLC. along with the 30 aecnsed alread, committed, At the time when tl stion of committing h for abetment of murder was tirst » | stated that if 1 did commit him for tha i F should not also commit hin for ibe offences ander Chapter Vi, 1 have again given the most welul consideration to the qnestion and 7 tind no reason for altering my decision, UG ix in amy opinion desivable that when evidence is offered of a convincing nature which shows that aman has committed specific offences, he should first he tried for committing such offences in preference to trying him it connection with a general conspiracy. The principal involved in this ease is the same as that which is applied in the common case of a gang ot thieves or dacoits ; if there is delinite evidence of an individual heing guilty iva specific theft cv dacoity he is tried for that offence in preference to being tried with the gang. ‘This ix no bar to his heing tried with the gang when he has first been tried for the specilic offence, but it is nut the custom ty try him for both at the wune time. Similarly iy this case E bold that any: pers against whom there is evidence likely to secure conviction that he has com- mitted # serious offence should frst be tried for that offence. This 1s no bar to hix being subsequently tried for the general conspiracy. were other wecused who could be tried for specific indivi- s 1 would commit them for trial for such acts, but there are uot, Of the five overt acts three were committed in’ French territory, for these offences the accused cannot be tried here : in the Narayavgarh ense there ix no evidence independent of confessions aud approver which directly implicates any of the accused, In the Mozufferpur caye Barindra Kumar (those is the only man against whom there is such evidence as is Ii to secure conviction, T therefore decide that it i& proper that Barindra should first be tried for this individual offence. If after he has heen xe tried it is desired to try him also with veference to the conspiracy. there46 ALIPORL BOMB CASE TRIAL. is nothing to prevent him from being so tried. 1 decline now to commit him for trial under Section 121, 121A and 123 I. P. C. (Sd.) L. Birley. 29-08. The High Court have ordered mo either to discharge Barindra Kumar Ghosh or to commit him for trial under See. 121, L214 and 128 1. PLC. The evidence against him is strouger than that against any of the other accused. 1 shall therefore commit him for trial. TL have informed him that fam going to charge him under Sections 121, 121A, and 123 1. P. C.and asked him whether he intends fo claim his vight aya Kuropean British subject. He s he does not wish to claim his rights. He ixcharged auder Sec, 131, TIA, and 1231. P. Cand comunitted for trial hy the Court of Sensions. (Xd) L. Birley THE SECOND BATCH. When these arcused persons were committed to take ther trial hefore the Court of Sessions several other persons who had sabse- quently been arrested were formed into a second Dateh and the climinary cugairy into their case was made by the learned Dis- istrate. These perons were- 1. Debo Brata Bose Indra Nath Nandi Nikilleswar Ray Mulhik dotindra Nath Banerjee bd. Bejoy Chandra Bhattae 6 Bal Krishna Stary Kane 7. Provash Chandra Deb §. Charu Chandra Roy 9, Hari das Dass. Complaiut was preferred against them aud Government sane: tion was put in and altogether 55 witnesses were examined by the Government. Charges were framed against all, except 48,9, (who were discharged), under sections 121, 121A’ and 123 i. P.C. and they were committed on 14th September 1908, to take their trial before the Court of Sessions along with the other accused persons already committed by the same Magistrate.THT sTCOND BATCH, MW The charges as drawn up by Mr. L. Birley were as follows :— I, L. Birley, District Magistrate of 24-Pergunnahs, hereby charge you accused 2,3, 4,5, 6, 7,8 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, $4, 25, 26, 27, 28, ‘29, 33, 34 (names on paper attached). Wirst. That you on or about the 12 months preceding May, 15, 1908 at various places in Bengal, including 32, Mararipnkur Road, Maniktolah, which is in my jurisdiction did wage war against the King, attempted to wage war against the King, and abetted the waging of war against the King, and thereby commit- ted an offence punishable under section of the Penal Code, and within the cognisance of the Court of Sessions. Secondly. ‘That you, on or about the 12 months preceding May 15, 1908 at varions places in Bengal, including 32, Marari- pukur Road, Maniktolah, did conspire to wage war against the King, aud to deprive the King of the Sovereignty of British India and did conspire to over-awe by criminal force the Government of India and the Local Government of Bengal and thereby committed an offence punishable under Section 121 A of the Indian Penal Code, and within the cognisance of the Court of S sions. That yon, on or about the 12 months preceding May yarions plices in Bengal inelnding 32, Muraripukur niktolah, did by illegal omissions conceal the existence ot w desion to wage war against the King. intending aud knowing that hy such concealment you would facilitate the waging of such war and thereby committed an offence punishable under Section 123 of the Indian Penal Code and within the cognisance of the Conrt of Sessions. And Thereby divect that vou be tried by the said Court on the said charges, L. RIRLEY Dated 19th August. 190°, District Magistrate, 24-Pergnnnahs. Names of acensed charged nuder Sees, 121. 12LA, and 123 1 P.C. 2. Indra Bhusan Roy. 3. Ullaskar Dutt. 4, Upendra Nath Banerjee. 5, Sishir Kumar Ghose. 6. Nalini Kumar = Sarkar 7, Sachindra Kumar Sen, Gupta. 8 Paresh Chandra Manlik. 9 Kanja Lal Soh. 10. Bejoy Kumar Nag. 1. Narendra Nath Bakshi. 12. Pnrna Chunder Sen. 13. Hemendra Nath Ghose, 14, Bibhnti Bhusan Sarkar, 15. Nirapada Rai.ALIPORT Kanai Lal Dutt. Avabinda (those. Sailendra Nath Bose. Sndhir Kumar Sarkar. Hrishikesh Kanjilal. Dharani Nath Gupta. Asok Chandra Nandi. Bivendra Chandra Sen, BOME CASE TRIAL 17, 19, 21. 24, 26. 28, 3. a4. Hemehandra Das. Abinash Chandra charjec. Dindoyal Bose. Krista Jiban Sanyal. Birendra Nath Ghose, Nagendra Nath Gupta. Sushil Kumar Sen, iYem Chandra Sen. (Sd.) L. BIRLEY, Dist. Magistrate, 19th August 1908, Bhatta-‘PHIE FRIALVatu Ashutosh Piswin, MA. BT. Public Prowenuter,THE TRIAL. Tu the Court of the Addition sessions Judge, Alipur (24 Purghavuas). frow 19th Get, THOR Lith April L909. Judgement on Gh May 1909, Indyo C.P. Beachoroft, Exq., 1. C. 8. A Babu Grrudas Bose. «» Kedarnath Chatterjea. 07 Conusel for the Crown = Mr. Kardley Norton. Mr. Barton. Babu Ashutosh Biswas, wa. bt. Public Prosecutor, Alipur. Mr. Withal, Solicitor for the Crown, Carnsel and Plorters guv the Aensed Me B. Chakraborty Mr. K. N. Chowdhry \ Mr. C. R. Das. P. Mittra. hk. PL Ghose. JN. Roy. ~ RL C. Bonnerjea. ~ Roy. P. Tal. Babu Hemendranath Mittr Nirode Chander Ch Sarat Chander Sen, Bejoy Krishua Bo: » Nagendran Narendrnath Bose, M.A., BL. Dwijendranath Mukerjea, tu. Tineouri Chatterjea, b.1. Banku Behary Mullick Chowdhry, .1.. Messrs Mame! and Agarwalla—Solicitors for the Accused, for a few days only.2 ALIPORE BOMB CASK TRIAL. z As soon as the learned Judge took his seat the following charges were read over to the accused who pleaded not guilty. Babus Gurndas Bose and Kedar Nath Chatterjea were then chosen Assessors aud the trial commenced. CHARGES WITH ONE HEAD. I, CG. P. Reacheroft, Ksq., Addl. Sessions Judge, 24-Perghs., hereby charge you (names mentioned below) as follows :— That you, on or about the 12 months preceding May 15th, 190s, at various places in Bengal, including 32, Muraripukur Road, Maniktola, which is within my jurisdiction, collected men, arms or ammunition, or otherwise prepared to wage war with the inten- tion of vither waging or being prepared to wage war against the King-Emperor and thereby committed an offence punishable under Section 122 of the Indian Penal Code, and within the cognizance of the Court of Sessions. And T boreby direct that yon be tried by the said Court on the said charge. Tated at Aniony, The 20th day of October, 1908 J (1) Barendra Kumar Ghose. (2) Indra Bhusan Rai. (3) Ullaskar Dutta. (4) Upendra Nath Banerji. (5) ir Kumar Ghose. (6) Nalini K. Sen Gupia. (7) Sachindra K, Sen. (8) Poresh Ch. Manllik. (9) Kunja Lat Saba. (10) Bijoy Kumar Nag. (11) Norendra Nath Bakshi. (12) Purna Ch. Sen. (13) Hemendra Nath Ghose. (14) Bibhati Bhusan Sirker. (15) Nirapada Roy. (16) Hem Ch. Das. (17) Arabinda Ghose. (18) Abinash Ch. Bhattacharji (19) Sailendra Nath Bose. (Sd.) C. P, BEACHCROFT, Addl. Sessions Judge. | (20) Din Doyal Bose. | (21) Sudhir Kumar Sirker. | (22) Kristo Jiban Sanyal. | (23) Hrishi Kesh Kanjilal. | @4) Birendra Nath Ghose. (25) Dharani Nuth Gupta. 26) Nagendra Nath Gupta. (27) Asoke Ch. Nandy. | (28) Susil Kumar Sen. | (29) Birendra Chandra Sen. | (80) Hom Ch. Son. (31) Debabrata Bose. | (31) Indra Nath Nandy, | (33) Nikhileswar Roy Mullick. | 4) Bijoy Ch. Bhattacharji. (35) Bal Kissen Hari Kani. | (86) Probhash Ch. Deb. | @7) Chara Ch. Roy.CHARGES. 53 CHARGES WITH ONE HEAD. I, C. P. Beacheroft, Esq., Addl. Sessions Judge, 24-Perghs., hereby charge you as follows :— That you, on or about the 12 months preceding May 15th, 1908, at various places in Bengul, including 32, Muraripakur Road, Maniktola, which is in my jurisdiction, did wage war against the King, attempted to wage war against the King, and abetted the waging of war against the King and thereby committed an offence punishable under section 121 of the Indian Penal Code, aud within the cognizance of the Court of Sessions. And 1 herehy direct that you be tried by the said Court on the said charge. Dated at Atirorn, } (Sd.) C. P. BEACHCROFT, The 20th day of October 1908. Adal. Sessions Judge. In consequence of several objections put in by the defence the following amended or additional charge was drawn up and was read over to the accused on the 12th February, 1909, during the course of the trial. It is given here for the sake of convenience. CHARGES. I, hereby charge you (names given below) as follow: First.--That yon, on ur about the 12 months preceding May L5th 1908, at various places in Bengal including 32, Muraripakur Road, Maniktola, waged war against His Majesty The King- Emperor of Tudia and thereby committed an offence punishable under Section 121 of the Indian Penal Code, and within the cognizance of the Court of Sessions. Secondly :—That yon, on or about the 12 months preceding May 15th, 1908, at various places in Bengal including 32, Murari- pukur Road, Maniktula, attempted to wage war against His Majesty the King-Hmperor of India, aud thereby committed an offence punishable under Section 121 of the Indian Penal Code and within the cognizance of the Court of Sessions. Thirdly :--That you, on or about the 12 months preceding May 15th, 1908 at various places in Bengal including 32 Murari- pukur Road, Maniktola, abetted one another and other persons in waging war against His Majesty the King-Empcror of India, and thereby committed an offence punishable under Section 121, of the Indian Penal Code, and within the cognizance of the Court of Sessions,Sk ALIPORE BOMB CASE TRIAL. Fourthly :—That you, on or about the 12 months preceding May 15th 1908, at various places in Bengal including, 32, Murari- pukur Road, Maniktola, conspired among yourselves and with other persons to commit all or any of the offences under Section 121, L. P. Code, as set forth in the above three counts, and thereby committed an offence punishable under Section 121A of the Indian Penal Code, and within the cognizance of the Court of Sessions. Aly:—That you, on or about the 12 months preceding May 15th, 1908, at various places in Bengal including 32, Muraripukur Road Maniktola, conspired among yourselves and with other persous to deprive His Majesty the King-Emperor of India of the Sove- reignty of British India or of a part thereof, and thereby committed an offence punishable under Section 121 A of the Indian Penal Code, and within the cognizance of the Court of Sessions. Nixthly:—That you, ou or about the 12 mouths preceding May 15th, 1908, at various places in Bengal including 32, Murari- pukur Road, Muniktula, couspired amongst yourselves and with other persons to overawe hy criminal foree the Government of India or the Local Government of Bengal. and thereby committed an offence punishable under Section 121A of the Ingiun Penal Code, and within the cognizance of the Court of Sessions. Nerenthly "That you, on or about the 12 months preceding May 15th, 1908. at varions places in Bengal iveluding 32, Murart- pukur Road, Maniktola, collected men, arms, or ammuitions or otherwise prepared to wage war with the intention of either waging or being prepared to wage war against His Majesty the King- Emperor of India and thereby committed an offence punishable under Seetion 122 of the Indian Penal Cade and within the coguizance of the Court of Sessions, Bighthly That you, on or abont the 12 months preceding May Lith, 190: various places in Bengal including 32, Muraripukur Road, Maniktola, concealed by ilegal omissions tho existence of a dosign to wage war against His Majesty the King-Emporor of India intending by such concealment to facilitate, or knowing it to be likely that sneh concealment would facilitate the waging of sneh war, and thereby committed an offence punishable under Section 128 of the Indian Penal Code and within the cognizance of the Court of Sessions. And T hereby direct that you be tried on the said charges. Dated this 12th day of February, 1909. (Sd.) C. P. BEACHCROFT, Additimal Sessions Judge.CHARGES, 55 1 Barendra Kumar Ghose. { 20 Dindayal Bose. 2 Indra Bhusan Roy. ; 21 Sudhir Kumar Sarkar. 3 Ullaskar Dutt. 22 Krishna Jiban Sannyal. 4 Upendra Nath Banerjee. 28 Hrishi Kesh Kanji Lal. 5 Sishir Kumar Ghose. ‘24 Birendra Nath Ghose. 6 Nalini Kanta Sirear Gupta. ; 25 Dharani Nath Gupta. Sachindra Kumar Sen. Nagendra Nath Gupta. 8 Paresh Chandra Manlik. Asok Chaudva Nandi. 9 Kunja Lal Sah. Sushil Kumar Sen. 19 Bijoy Kumar Nag. 11 Narendra Nath Bakshi. 2 Purna Chaudra Sen. 13 Hemendya Nath (hose. Rirendra Chandra Sen. Hem Chandra Sen. Debabrata Bose. Indra Nath Nandy. 14 Bibbuti Bhushan Sarkar, | 38 Nikhileshar Roy Manlik. 15 Nirapada Roy. ' 34 Bijoy Ch. Bhattacharjee. 16 Hem Chandra Das. 3d Bal Krishna Hari K 17 Arabinda Ghosh. 36° Provash Chandra Deb alias 18 Abinash Ch. Bhattacharjee. + Manik Lal Deb. 19 Sailendra Nath Bose. ‘ Before the proceedings commenced the defence took several objections and during the conrse of the trial other objections were taken from time to time. It wonkd be con- venient if they were smumarixed and given submitted they affected the whole trial. Legal objections. at the outset. as it They were as follows : tlie) The Chief Presidency Magistrate of Calcutta having taken cognisanee of the ease on the Zod and 3rd May 1908, Mr. Birley, the District Magistrate of 24-Pe ghannas had no jurisdiction to withdraw the case from the file of the former to his own file and as such the commitment by Mr. Birley was not a valid one, The object of the withdrawal was stated to deprive the accused of a trial by diary in the High Court Sessions. \b) Comunitting Magistrate having taken — cognisance withont any complaint in accordance with See. 196, Cr. PC. his commitment was a unllity. (2) See, 121. PLC. having not been mentioned in the sanc- tion granted by the Local Government Mr, Birley was56 ALIPORE ROMB CASE TRIAL. wrong in framing a charge under that section. Mr. Norton produced a sanction granted by the Govern- ment, and applied to frame charges undor that section and section 122. 1t wns objected to as the Sessions Court could not take cognisance of an offence as a Court of original jurisdiction. (3) Those committed subsequently as a second batch should be separately tried from the first batch as the confessions and evidence recorded and adduced behind their back would, if admit- ted, seriously prejudice them. (4) Objection was taken on behalf of Charu Ghana Roy, who was « Professor in the Dupleix College in Frofch Chander- nagore, that extradition was taken from the Krench Government on a charge of murder, and as he was prosecuted for political offences, the Court had no jurisdiction to try him for these offences for which no extradition was taken. (He was discharged.) (5) That the commitment without giving the accused uppor- tunities of cross-examining prosecution witnesses and examining defence witnesses as prayed for was illegal. (6) The charges were vague and indistinet, no particnlars were supplied to the aceused. The charges under section 121 merely reproduced the words of the section, so thaf accused did not know whether they were charged with having waged war or with having attempted to wage war or having abetted the waging of such war. No notice was given of the person or persons whom they were alleged to lave abetted or of the particular place or places where they were alleged to have committed the said offence or offences or the particular overt acts in respect thereof, nor the time when the offences were committed. With regard to charge under section 123 information should he given as to the nature of the obligation to take any steps with reference to any alleged design to wage war. (It is important to note here that when the trial had occupied nearly four months, the learned Sessions Judge drew up a fresh charge sheet giving some particulars.) (7) Objection was taken to the examination of new witnesses in the Sessions Court about whom no notice was given at the open- ing of the case. (8) The prosecution could not put in revised charges on the 10th Febraary 1909 after the trial had gone on for months especial- ly as objections to the vagueness of the charges were taken imme- diately ut the opening of the case, and no steps were taken so long to remedy the same. (9) That the proceedings were without jurisdiction in as much there had been misjoinder of charges aud persons, (vido section 233 Cr. P. C.)CHARGES, nn 10) The Committing Magistrate having taken cognisance of the case hefore the confessions were recorded, he had no power to record the same under section 164 Cr. P. C. and they were in- valid and inadmissible, also as the Magistrate put questions to the accused with reference to the case while recording the same. (11) Objection was also taken to much of the evidence in the case us irrelevant and inadmissible especially those relating to-~ (a) Searches at 4 Raja’s Lane, Sil’, Lodge, 15 Gopi Mohan Datt's Lane, 12 Wellington Square, 30'2 Harrison Koad, the Bande Mutaraw oflice, 1b) Oral and documentary evidence relating to various newspaper articles and the alleged counection be- tween the papers and with them and the conspiracy. (c) The various mectings held in different parts of the country, (d) The alleged volunteers as a class. (*) Conviction of some of the aecased and other persons for certain alleged offences. (CL) Indements and records of various cases. (y) Searches, as none of them were legally and properly conducted and proved, All these objections were overruled and Mr, Norton proceeded tu open the ease for the Crowa which he did for G days and then valled evidence, POW. 1 Purna Chanlra Biswos. Inspector, C. 1 D— Proved his complaint and the Government sanctions. While investigating Naraingarh train wrecking case got some clue. From Sth March 1908 was investigating in reference to the men con- verned in this case. Employed men to watch movements of Aravinda, Barindra and others. Gut reports from time to time. Getting information of Muzzafferpur murder on Ist May he drew up a list of the places frequented by these men and applied for search warrants to the Chief Presidency Magistrate. Having obtained them officers were deputed to search 32 Muraripukur Road (garden), 15 Gopi Mohan Dutta’s Lane, 45 Grey Strect, 134 Harrison Road, /4 Raja Navakisen Street, 23 Scott's Lane, 4 Harrison Road, 30/2 Harrison Road, Shibpur Engincering College. Kept a station diary during the investigation under section 42 Police Act. Had also personal diaries. Made no record ahont the existence of this society. There is a confidential file where it was recorded. On 12th March came to know that the secret society was located in the garden, On Sth April suspected Hem Das as Barin came to see him, All arrests on 2nd May were38 ATIPORE BOMB CASE TRIAL. under section 64Cr. P. C. They were all produced bofore tho Com- missioner of Police. On the 4th 14 men were taken to Mr. Birley. Aravinda and 6 others werc placed before Mr. Thornhill Chief Presi- dency Magistrate on 5th. Complained to Mr. Thornhill on Ist May and was examined on 30th,—complaincd against Arabinda’s gang of outlaws. On Ist May the case was not under Chapter V1. [. P. Code but under scctions 126 Railway Act and sections 302, 109, 114 and 307, 109, 114, 143, 150, 157 I. P. C. From 14th April deputed officers to watch the hous Recorded statements of some accused at detective office on 4th May before they were sent to the Magistrate. Barindra himself wrote the statement. Cansed no enquiries to be made regarding the Jugantar, Navasakti, Sandhya, Bande Mataram, New India or the Chatra Bhandar. P, W.2. Shama Charan Manna.—planmaker. Proved plans of the different houses. P.W.3. 1. Birley.—Offg. District. Magistrate. Alipur. He wrote tu the Commissioner of Police and accused were sent to him. Proved the confessions recorded by him and his order she Narendra Gossain was tendered pardon and examined as witness. He was shot dead in the Alipur Jail on 31st. August, 19 He knew that accused made statements to Police,before they were brought to him. Had seen those statements. Refused cross- examivation by Sailen and Dindoyal and if others’ had applied he would have vefas NB. Application wes made by the Crown to put in under see. 10 and 33 Nvidence Act the deposition of the approver taken down hy Mr. Birley. The Jndye held the accused had no opportunity in faet to cross-examine and Si had no application, See. 10 did not apply as that Sec. contemplated a statement made by a cou- spirator while in the position of 1 conspirator and could not apply to the case of a person who had been tendered pardon and exa- mined as a witness. The deposition was hence shut out. P.W. 4, Jadunath Chakruburty.—~Peshkay of the District Magis- trate. He recorded in Bengali the confessions of Bibhuti Sarkar and Narendra Bukshi. P.W.5. Radha Roman Banerjer—Surveyor. Made survey plans showing Caleutta and the Suburbs. P.W.6. Anantalal Bose —Ovorseer, Maniktola. Holding 117 in Panchannagram Survey map is 82 Muraripukur Road. P.W.7. E, A. L. Kemp.—Deputy Superintendent of Police, Sylhet. On 15th May searched the house of Kailash Chandra Sen, Sub- registrar Beniachong. Sushil Sen, Hem Sen and Birendra Sen were arrested. During search Exhibits 463-571 were found, alsoEVIDENCE, 59 777-779, 1805. The important finds were a packet containing black powder, a note book of cyphers and instructions for making dyna- mite and bombs—Ex. 479; Ex. 491 contained hieroglyphics and ins- tructions for making explosives, a picture of Aravinda, woodeu guns with hamboo barrels, an air gun, bamboo daggers, spear- heads, bamboo swords, a moucy order receipt showing sending of Rs. 8 to Barindra, bundle of letters. P.W.8. Kamini Kanta Das,—Sub-Inspector, Habigunj, deposed as last witness, P.W. 9. Inspector J. i. Frizzoni—Searched the garden at 32 Mararipukur Road and arrested 14 accused on 2nd May. Dug up a big zing box anda big tank, Found bombs, dynamite, cartridges, chemicals, all sorts of instraments, rifles, revolvers, shells, moulds, haudhooks on explosives, notehooks, picrie acid, plans, Jugantar and other newspapers, copies of Bartaman Runawiti (modern art of war). Searched again on 6th, 7th, and 8th. The exhibits were marked by court as Ex. 1—281, 387-462, 864, 1235-1240. Detailed list of art were made at Park Street Thana on 4th, Sth and 6th May. The garden had no wall—was accessible from outsides, PLW. 10. Shewprosad "Took photo of a dead body at Mokama Railway Station on 2nd May, said to have been the body of Dinesh Chandra, PLWo1t., Elliat Kaye, DoS. 2. of Beaares—Searelied the house of Subodh Chandra Mullik at Benaves. Found some papers Hix. 1051-1058. PAW. 12. 8. 1. Satis Caandra Roy — Helped in the search of the garden on 2nd M: Was present at a meeting held in Federatiqn Hall ground, to give a reception to Bopin Chandra Pal on coming out from prison. Senta note Ex. 102. On the 4th made the detailed list at Park Strect Thana. The scarch witnesses were—Wuzir a carter’s sirdar, the other two were hackney carriage owners. P. Wz 13. N. BR. Tve—Subdivisional Officer, Garbetta, B. N. R. Made a survey of the line between Bankura and Kharagpur, and made a Report Ex. 93. Gave evidence about certain entries in the note hooks found during search corresponding with the features of the place and the railway bridges, culverts &e. P.LW. 14. Satish Chandra Banerjea. laspretor, C. 1. D.—Watched Howrah Station, 4 Harrison Road aud 23 Scott's Lane from 24th March to 8th April. From which date watched 38/4 Raja Naba Kisson Street. Saw Barindra coming out of 38/4 and going into the garden. On the 10th April followed Barindra, Indu Bhusan Rai and Narendra Gossain to Mankundu Railway Station. TheyGO ALIPORL BOMB CAsk TRIAL, went towards Chandernagore, but mixed with a crowd and were lost sight of. Next morning saw Indu and Narendra take train at Chandernagore. Sarat Palit followed them to Sirampur, We searched for Barindra, could nob find him, returned to Caleutta. On 20th April followed Upendra and Nirapada to 4 Harrison Road from the Gurden. Krishnajiban was with them but he away towards Bagmari. The two met and talked with Balkr IL Kane on the road. On the 21st April Nirapada and another out from the garden, purchased cheruicals from D. Waldie and went back to garden. On 23rd April Bariudra came out of the garden and weut tv 15 Gopimohan Dutt’s Lane. Upendra, Bibbuti, Kano and 2 3 others entered the honse also, On 24th Barindra went from garden to 23 Scott’s Lane, where Aravinda was living then, Abinash aud Sailen were often seen there. On 25th after talking with Upeudra, Barindra went from garden to 16 (i. M. Dutt’s Lane and thence to Navasukti office, 48 Grey Strect and thence to Ilem at 88/4 Raja N.K. Street. On 26th Police hived 1 house opposi No 15 and he watched from there. Ulaskar Dutt eame ina hac ney coach No, 494. Two steel or tin trunks and a canvas bag were brought out and he followed the carriage to 134 H. 27th followed searched Ul quarter Shibpur. [Identities various accused whom he had seen at the various houses. U Did not know Ullaskar’s name before his arrest. written note of what he had seen. Watched garden for , There were oceasions when he passed within a cubit of cused. AIL his reports to superior officials were verbal. PLOW. 15. HC. Woorlwin—Distriet Magistrate Muzzafferpur. Heard souud of explosion on 30th April 1908. Found Mr. and Miss Kannedy wounded in Mr. Kingsford's house. Both died. Saw Khudiram Kose ander arrest next day at the station. He made a statement there and again un 3rd May after seeing the dead body of Dineshchandra Roy. Khudiram was aft ‘ds hanged. P.W. 16. Abdul Noor, Tuspector—Assisted Mr. Kemp in seareh- ing the house of Sushil Sen at Beniachong. PWT, SLA. HL AM. Latisnddin—Assisted My. Kerap. in the search, P.W. 18, Richard Creagau—Nuperintendent of Pol’e. Searebed 48 Groy Strect on 2nd May. Found Arabinda and his wife up- stairs, Arrested Arabinda and in downstairs Sailendra and Abinash, A manuscript “Morality of Boycott”. Kix, 283, letters, news-papor cuttings. acconuls ete. were found, heiug Ex. 283-311, 1208-1209,