The Alipore Bomb Trial

Argument

Mr. C R Das Barrister

On the 4^th March 1909 the Crown counsel Closed the evidence. The accused were then examined by the Judge to explain the evidence against them. Almost all the accused declined to answer the questions put to them and contented themselves y merelystating that the lawyers on their behalf had their full instructions to argue and explain the evidence.

Mr. Norton then began his argument which he finished on the 20^th March. The various defence counsel and pleaders then addressed the Court― Mr. C. R Das for Aravinda taking eight days. Their arguments occupied the Court till the 13^th April. As both Messrs Norton and C. R Das argued the whole case in full before the High Court in Appeal their arguments are not given

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here, except only a portion of Mr. Das' relating to the case against Aravinda Ghose (who was acquitted and therefore whose case was not again referred to in the Appeal Court).

Mr. R. C. Bonnerjea referred to certain newspapers which had trampled British justice by calling the accused as "Bengal Anarchists" while the case is subjudice. He submitted the confessions were induced by promise held out by Inspector Ramsadai Mukerjea, that they were inadmissible and even if admissible they did not prove the charges drawn up against the accused. Thinking of a "far off revolution" is not waging war against the king, and collection of "eleven revolvers, four rifles and one gun" does not look like preparation for waging war. The case had done more harm than good to the country. Barin by keeping arms in the garden did not commit any offence as he was a British born subject―born in England. When a person has committed an offence he cannot be charged with concealment of the design to commit that offence as well. An attempt to wreck the L. G.'s train is not waging war against the King. Barin said they made no other plans to kill anyone else. Was this waging war or attempting to do so? A plan to punish officers for supposed grievances is not waging of war. Barin said he never thought political murder would bring independence. Taking the prosecution case as a whole if any case was made out it was only a case under sec. 122 against Barindra, Upendra and Ullaskar and against no other, Regarding the searches, what was the use of hearing search witnesses, men who could not sign their names even but were said to have put cross marks. Major Black was no authority on explosives, but only a chemist and his evidence about bombs was worthless, The position of the garden, its accessibility from all sides, the open manner in which they lived there rendered it impossible that ammunitions were made there. Mr. Bonnerjee then dealt with cases of the accused he was representing viz., Barindra, Upendra, Indubhnsan, Bibhuti, Paresh Moulik, Hrishikesh, Sudhir Sirkar, Nirapodo Roy and Ullaskar Dut

Mr. C. R. Das then addressed the Court on behalf of Aravinda Ghose. The following are extracts from the same :―

Mr. Dass's Address

May it please your honor, and gentlemen assessors,―It is a matter of congratulation for us all, that at last this trial has come to a close. It is especially a matter of congratulation for the prisoners at the bar because they have been in jail for the best part of a year and the time has now come, gentlemen, for you to consider the evidence which has been placed before you to find out whether the charges brought against them by the prosecution

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are true or not. I shall have to deal with the evidence in this case at some length but before I do that I must draw your attention to certain features' of this case which are very unusual. I believe Mr. Birley said in his evidence that he took special, or rather unusual interest in this case because it was an unusual case and you will find throughout the evidence in this case that it has been conducted on very unusual lines. I am not referring to what has taken place here so much as to what took place before the committing Magistrate before the case came here. The seeds were sown there. You will find that Mr. Birley made up his mind to try this case on the 3^rd May, the accused persons being arrested on suspicion. The evidence is that the, police connected some of the accused at any rate with bombs and with conspiracy; whether that evidence is true or false is another matter. It is their, version that on the 2^nd May these accused persons were arrested on suspicion and taken to the thana and kept in the lock up., They were not produced before the Magistrate at all. unless of course they say the Commissioner of Police is a Magistrate. We find on the 3^rd May Mr. Birley made up his mind to try the case. They were produced before him on the 4th May. We find that Mr. Birley went to the house of a police officer- a very high official no doubt―and there he read some of the confessions alleged to have been made by the accused persons to the police. I say this is an unusual feature, a feature we have not come. across in any case in any Court before now. Having done that what does he do. On the 4^th May some of the accused persons were produced before him. He forthwith proceeded to examine them. The case for the prosecution is that he recorded the confessions of these accused under a particular section of the Code. With regard to that I shall deal later and you will find from those questions put by Mr. Birley that his object of enquiring was as to what other persons were implicated in certain things. That is done on the 4^th May. On the 3^rd May he makes up his mind to try the case. On the 4^th May the accused is brought before him and before a scrap of evidence is placed before him-he proceeded to take the statement of the accused persons by putting questions and recording their answers. After that you will find that he dealt with the applications for bail; a great many were put in― almost all the accused one by one made an application. They were all rejected. Later on May 18^th evidence began before Mr. Birley with the examination of Mr. Frizoni. On that day you find objections were taken to his jurisdiction. You find the next day Mr. Birley in the order sheet is referring to his order of the 3^rd May to show how he came to take up the case himself., There is another unusual thing which I have to mention.

After Frizoni was examined in part on the 18th May, on the 19^th he made an order. I shall read it (reads). There is no record of that evidence here at all, but Mr. Birley thought that some,

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objections may be put forward before him to the effect that he had :taken cognizance of, the case without the proper sanction of the Court so he proceeds to re-examine him to make the proceedings regular according to his opinion (reads). Is that the manner in which a Magistrate is to record evidence ? My submission is that the object of that entry here in the evidence of Frizoni is to get over what he thought he could not get over namely, the legal objection to his jurisdiction. "

(Mr. Daas read the order sheet). Therefore it is perfect clear that before the 18^th May there was no sanction put up before him on any authority and it is perfectly clear that even when he got sanction he did not examine the complainant as he was bound to do under the law. I submit all these proceedings are of a. very, unusual character. These proceedings are not warranted by anything in the Code of Criminal Procedure or under any law. I can quite, understand my friend's contempt for the Code, but I venture to submit that the Code applied even to a State trial and more so in a trial where persons are accused of the most serious offences known to the law . I shall show you, when I survey the evidence and put it before you that ninety per cent of that is inadmissible here and ninety per cent of it throws no light upon the charges which these persons are brought here to meet not only is public time and money wasted , but all that mass of evidence tends, and must necessarily tend to prejudice, the accused.

In. a case like this, the first thing to do is to prove that a conspiracy did exist and the next thing to connect the particular persons with the conspiracy. What has been the method followed by my friend ? Whether he discussed oral evidence or document evidence he started with the assumption that these persons are guilty. He assumed their guilt and then tried to connect them With the evidence. He reads a. letter and finds reference to A. G. What is his argument ? Does he refer to any a proof to show that A. G. stands for Arabindo Ghose ? No. His argument is I tell you that is Arabindo Ghose," In order to the accused persons you must start with the assumption that they are guilty and after that to look into the evidence connecting them.

Take the Chattra Bhandar. Ara.binda Ghose is a Conspirator because he is connected with the Chattra Bhandar. I submit that is entirely a wrong procedure to adopt―a procedure which has never been adopted before in any Court of Justice. He ought to have told you, that you must proceed on the assumption that these persons are innocent of all the charges brought against them and if by perusing evidence you come to the conclusion that the evidence is unmistakable proof of their guilt, then and then only can you convict them.

There is another point-that is with regard to Arabindo's

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domestic letters. Read those letters and you will find that they throw no light on the charges against these accused. The sanctity of his private correspondence has been wantonly and improperly violated. Was it for the purpose of proving to you that these men are guilty ? I submit not. There is nothing in those letters from beginning to end which throws a light on the charges for which these men are being tried. There again my friend's argument was "don't read the letters as they stand but read between the lines." That is to say although the letters don't support the conspiracy and don't suggest any offence, yet you must not be deceived by them. Don't you know Arabindo is guilty ? Don't you know he is connected with bombs ? Don't you know he has waged war against the King ? Take that for granted and you find him guilty." His movement in Baroda is stated to be in connection with bombs. His articles in the Bande Mataram are referred to. There is no evidence at all reliable which is put forward to show that he is responsible for every article in the Bande Mataram. The articles breathe the idea of freedom. My friend began his speech by saying that those were ideals which no Englishman would quarrel with. Those articles I repeat, if they show anything, show that Arabinda Ghose was preaching from beginning to end that ideal of freedom which, we were told over and over again, no Englishman would quarrel with. Does not that argument involve the same fallacy to which I referred, namely that you must assume that Arabindo Ghose was in the conspiracy and after starting with that to read the articles. Here although he preaches those ideals, you must read into those articles bombs and conspiracy to warfare. Throughout the whole course of his argument the same fallacy was repeated over and over again.

I have already told you that the correspondence of Arabindo has been placed before you; in fact, gentlemen, his whole life has been laid bare before you. My friend's contention is that on that evidence which deals with his inner life you will see signs of conspiracy and waging war. I shall confidently take my stand upon that very correspondence and material. I shall show you that during the whole life of Arabindo, beginning with his first work up to the day of his arrest, he was actuated by a noble ideal. I shall take you through the correspondence dealt with while he was at Baroda, his utterances whether in the press or on the platform, and I shall show you that there is not one single suggestion of any conspiracy to wage war against the Government. He has throughout been actuated by a nobler idea. You will find from the middle of 1904, 1905, 1906, and almost up to a few days before his arrest that he was actuated by that noble idea. It will not be out of place here before I come to deal with the particular points in the case to give you a short sketch of those ideas. My friend throughout the whole course of his address did not hesitate to

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scoff at it, but that is a matter of no concern to me. So far as the nation was concerned he preached that lofty ideal of freedom. So far as the individual was concerned his idea always was to go there himself and look for the god-head within. It is a familiar ideal of our country. It is difficult for those not familiar with it to understand it. But to you, gentlemen, it is familiar.

The doctrine of Vedantism is that man is not dissociated from God : that is to say, if you want to realise yourself you must look for the God within you. It is within your heart and within your soul, that you will find that God dwells and as no man can attain to his own salvation without reaching to that God that is within you; so also in the case of nations: without any national question arising-no nation can attain this unless it realises the highest and noblest and the best of that nation. As in the case of individuals you cannot reach your God with extraneous aid, but you must make an effort―that supreme effort―yourself before you can realise the God within you; so also with a nation. It is by itself that a nation must grow; a nation must attain its salvation by its unaided effort. No foreigner can give you that salvation. It is within your own hands to revive that spirit of nationality. That is the doctrine of nationality which Arabindo has preached throughout and that was to be done not by methods which are against the traditions of the country. I ask your particular attention to that. It was not Arabinda's philosophy that salvation was to be attained by methods inconsistent with the whole history and traditions of the writer and therefore when you find Arabindo leaving Baroda and coming to Calcutta you find that the doctrines he preaches are not doctrines of violence but doctrines of passive resistance. It is not bombs, but suffering. He deprecates secret societies and violence and enjoins them to suffer. If there is a law which is unjust and offensive against the development of the nation, break that law by all means and take the consequences. He never asked you to apply force in a single utterance of his either in the press or on the platform. If the Government thought fit to bring in a law which hinders you from attaining that salvation, Arabindo's advice is to break that law if necessary in the sense of not obeying it. You owe it to your conscience; you owe it to your God. If the law says you must go to jail go to jail. That was the cardinal feature of the doctrine of passive resistance which Arabindo preached. Is not the doctrine of passive resistance preached throughout the world on the same footing? Is it peculiar to this country-this movement which has met with such abusive language from Mr. Norton? Have not the people of England done it over and over again? I say that this is the same doctrine that .Arabindo was preaching almost up to the very day when those handcuffs were put on his hands. He was oppressed with a feeling

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of disappointment, because his country was losing everything, having lost their faith. Therefore you find whenever he preached freedom he brought out that feature clearly. He says, believe in yourself; no one attains salvation who does not believe in him. self. Similarly, he says, in the case of the nation. If the nation does not feel that it has got something within it to be free to attain that salvation then there is no hope for that nation. Accordingly we find Arabindo preaching "you are not cowards, you are not a set of incapable men, because you have got divinity. Have faith in you and in that faith go on towards that goal and become a self-developed nation." .

(Mr. Das dealt at very great length with the legal objections, characterised the proceedings a nullity, called attention to the sanction and the irregularities and illegalities of the trial. As all these points were again urged by him in appeal before the High Court, they are omitted here.)

I now deal with the evidence referred to by my learned friend to show the inner work of Arabinda from 1902 down to the day of his arrest. You will find, gentlemen, that up to 1902 or 1903 there was no connection between Barin and Arabinda.

You will find it is proved by the evidence in this case that Arabinda went away to England. After his return he was posted at Baroda. Barin at that time was being educated at Deoghur. From there he went to Dacca to study for the F. A. After that he went to Patna and thence he went to Baroda. We find him in Baroda, in 1902 and 1903. My learned friend's argument is that it was during his stay in Baroda in 1902 and 1903 that the seeds of revolution were sown in the hearts of Barindra by Arabinda. Barin says in his statement that he came way from Baroda sometime in 1903 and began to tour round the different parts of the country and preached the cause of independence. My learned friend thinks this to be an ideal with which nobody would quarrel and then with regard to this ideal he says that the seeds of discontent were sown at Baroda. .

First of all you will find, gentlemen, from the evidence of Sukumar Mitter' and Padoo Tewari that there was no connection between Barin and Arabinda before their meeting at Baroda in 1902 and 1903. therefore as long as Barin was at Deoghur you find from the evidence of Sukumar and Padoo that the two brothers did not meet. Barin passed his Entrance Examination from Deoghur. He read F. A. at Dacca and then went to Bankipore and then eventually went to Baroda. The two brothers first met at Baroda. After a time Barin left Baroda and engaged him. self in preaching the cause of independence of the country. From that my learned friend argues that the poison must have been infused into Barin by Arabinda.

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The best way to test that would be from what Arabinda himself says at that time when they were together at Baroda in 1902 and 1903. There are only three letters exhibits 292-1, 292-3 and 292-5. I am not aware of any other letters of that period. Ex­hibit 292-1 is a letter dated the 2^nd of July 1902. (Reads the letter addressed by Arabinda to his wife). How do you find sedition or waging of war against the Government in this letter ?

With regard to the reference to Jyotindra I shall deal later on Arabinda. wanted the horoscope of his wife to show to Jyotindra who was an astrologer in the Baroda service. I want to deal later on with Jyotindra and see if he was the accused who has since been discharged. It was in 1902. That does not help the case for the prosecution at all. Amongst these letters I have just mentioned there is another letter dated the 20^th of August 1902. This letter refers to his promotion and so on. There is nothing important in that letter except that soon before that time Arabinda considered himself a. strict member of the Hindu Society. Those are all the letters which we get and which we preserved to give us an idea as to what the trend of his mind was in 1902. After that as I have told you Barin came away from Baroda and was engaged in preaching the cause of independence. He goes back sometime in 1904 or 1905. It is difficult to find out exactly when. It is at that time that Arabinda complains about Barindra. You will find that from exhibit 286-4.

If you couple exhibit 286-4 with the evidence of Sukumar yon will find that Arabinda complained that Barindra would not take service. It is clear that Barin at that time went back. Arabinda asked him to accept service but Barindra refused to work. This letter was written on 22nd October 1905. This is not in order of time. This is the last letter of that period, before Barin goes to Baroda. Arabinda complains, (Reads) "Barin is never quiet, he will not accept any service." Therefore we see, gentlemen, that Barin goes back. It must have been that Barin's people took him to task for doing nothing and asked him to take some post to earn his livelihood. Arabinda complains "he is not quiet, he wants to go out for the service of the country." That also we find in Sukumar's evidence. That shows clearly the relation between Arabinda. and Barindra.

Then, gentlemen, you have got to consider Arabinda's own views during that period. The career which Arabinda sketched out in that letter is that to which he stuck up to the day of his arrest. I refer you to the letter of Arabinda to his wife, dated 13^th August 1905. At that time Barin was living at Baroda. I have shown from the letter of 20^th October, 1905, that Arabinda was complaining about Barin. So Barin was at the time at Baroda. The seeds of revolution were again sown. It is better to find out what Arabinda's own views were about the time. These

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letters are exhibits 286-1 and 286-2. I would prefer to lead to you the Bengali letter. You must remember, gentlemen, that at that time Arabinda did not acquire a sufficient knowledge in Bengali. It is written after Sanskrit .. (Reads). You remember gentlemen, that Andha Rajar Mahishi. This allusion refers to queen Gandhari who used to blindfold her eyes as her husband Dhritarastra was blind, (Reads.) Gentlemen you see that Arabinda describes himself as Pagal (a mad man) and tells his wife to settle as to what path she would follow. He makes the reference to Gandhari and expresses his hope that inasmuch as there is Hindu blood in her vein she will follow the course which he has taken up. The life he sketched out here he followed literally. The man has spent all his income for the good of the country, for charity, keeping only that which is necessary for his bare subsistence. (Reads). The first great idea which he sets out in this letter is that he must regard himself as a trustee of all money that belongs to him. It is his duty to spend as little as possible for himself for the purpose that he may continue to live and to give the rest to God. How? By doing God's work, namely by feeding those who are hungry and by assisting those who are in need. It is then and then only that you can give back what you owe to God. If a man does not do it he is then a thief. It is not for his own selfish end. He is determined to lead that life. He will keep for him. self only what is absolutely necessary for bare subsistence and the rest he will give back to God. The only way you can do that is by way of charity, by feeding the hungry and by rendering assistance to those who are in need of it.

The second great ideal to which he refers is he has got the conviction in his mind that it is possible to see God, not to see God in the objective sense, but according to Hindu religion to see God in his own mind. One can discover the Godhead that is within him. It is easy to scoff at this. But here is a man giving expression to his earnest longing to realise the Godhead himself. This is his second great ideal. There is another point and that is this. There is also in that letter a covered reference to Guru (spiritual guide).

Because you know, gentlemen, that when a Hindu brings himself under a spiritual guide, he never discloses the name of his "Guru" nor the fact that he has done it .That is part of the religion. Unless you get the permission of the "Guru" you cannot give it out even to your wife. (Reads) "Jaibar Niyam dekhayache" that is somebody has pointed out the rules of conduct which will help him to enter that path following which he can realise the God that is within him. Then he began to practise. That is to say he began to shape his life according to those rules.

Then he says "after practising them for one month, and realising the signs which the Hindu religion has said to be the signs of that

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stage," "every body is entitled to that path. Unless you desire to enter that line you cannot get it. But it is within the power of every individual to attain that." In this letter he asks his wife to write to him whether she desires to enter this line or not, so that he may further correspond with her on that point. I ask you to remember this because you will find it is fully explained in his subsequent letters to which my learned friend also has referred.

Then he comes to his third ideal. Here he lays down the basis of his patriotism. (Reads). There again the idea is drawn from. Vedantism. You know the doctrine according to Vedantism is that "the whole world is a manifestation of God. Unless you realise that the world is a manifestation of divinity, all long as you do not realise within yourself that the world you see around you, the country in which you live are manifestations of divinity, then all these are unreal. They are unreal as long as you do not realise the association, the connection, between them and the absolute. But when you realise they are not separated from but are parts and manifestations of divinity, that very moment they cease to be unreal and become real. (Reads) "What do you think of your country ? It is not merely forest, river, etc." To Arabinda it is the manifestation of mother­hood. That is another aspect of divinity according to Hindu religion. His basis of patriotism is that you must so regard your country that you can discover and realise the motherhood of the country. You must so love your country that you can realise within yourself that it is another aspect of God. A man who believes in Vedanta can see clearly and finds no difficulty at all. That is the basis of his patriotism. You must realise the divinity in the country in which yon live. Arabinda feels that nationalism has no place unless it leads to universal humanity. unless nations develop in that way, the ideal of humanity can never be reached. I shall point out from article after article in the Bande Mataram that as the individual must live in the light of the society so the nation must live in the light of humanity without which the whole philosophy is meaningless absolutely. (Reads) He looks upon the country as the mother. As I have explained, that is another manifestation of God.

Then he says that his ideal is independence and the last line of this paragraph makes it clear. Some day or other, it will not be in his lifetime, this ideal will be accomplished. (Reads) "When the mother is oppressed what will her sons do? etc." A very curious argument has been based upon that. He says, how can you do that ? you have got no guns, no swords. "It is my ideal," he says, "that the country should realise freedom some day or other." He explains it by his answer. How can you do it "I am not referring to kshatratej but I am referring to Brakmatej."

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(Reads). My learned friend's argument is that so far as Arabinda himself is concerned he will do the advising, but others will he left to bombs. Where do yon find this in these letters? My learned friend's argument is on the whole of this sort that you must assume that Arabinda is guilty . Then you are to read the letters between the lines. According to my friend's contention, so far as Arabinda is concerned, he will apply the Brahmatej and make others to use the Kshatratej. If you read those letters you must come to the conclusion that he deprecates other forces. The only. force upon which he relies and to which he appeals is the intellectual force. It is upon this force, he says, the future welfare of the country rests. He is not going to rely upon guns and swords. With all respect I submit that the suggestion of my learned friend is absurd . Anyone who reads the letter must come to the conclusion those forces the. future of the country will be based. He says "Don't you think that physical force is the only force in the world, there is a higher force and that is intellectual force, the force of character. Rely upon that force." That is the means which should be employed for the deliverance of the country. It is not possible to put the construction upon the letter as my learned friend has done.

Referring to that part of the letter which says "If a demon sits on the breast of the mother what would the sons do?" Counsel said :―What is the meaning of that ? It is only an analogy. He says that he regards his country not as merely a collection of fields, hills, rivers, and so forth but he regards her as his mother; then he says that he is only referring to the fact that the country is under subjection. He has used only a metaphor to show that his countrymen are not to sit idle but to so act as to realise his ideal. The letter was not intended for publication, it was not an open letter to his countrymen it was to his wife. (Reads) Does not it mean that regarding the fact that their country is in a wretched condition, it is far away from freedom, it is in bondage. So it is the duty of every man in India to stir himself to realise the ideal of freedom. His basis of patriotism is. that he regards his country as mother. It is to him not a physical nonentity but is a concrete manifestation of divinity .His central, idea is that country is a concrete manifestation of divinity.

The regeneration of. the country has to be brought about by forces of character and intellect and not by physical force. Then the next paragraph makes it clear.

You understand, gentlemen, what he means by saying "wife is the strength of husband".' That attribute in Aravinda by which he realises the divinity is sakti and he bring that into relationship between a husband and wife and says wife is the Sakti. It is through her that he realises the higher relation of man and wife.

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Referring to the sentence "will you utter the mantra of worshipping the Sahebs like Usha". Counsel said he thereby means to say "will you worship Western ideals ?" He is disparaging those who follow Western ideals.

"Ei chila sei Gopania Kotha." He explains the secret in the letter and asks for the co-operation of his wife. He asks his wife to worship God, then she will be able to realise these things. There is nothing in that letter except that it refers to his wife's vices which he says are vices of the present time. Then he says that every high ideal is now-a-days laughed at.

I refer your honour to the letter, dated the 30^th August, 1905. I submit that the letter shows no disposition on the part of Arabinda to use physical force of any description at all. On the contrary what the writer does rely upon is what he calls , (Brahmatej). You will fined later on that all throughout his activities he merely advocates the application of the force to which the phrase Brahmatej refers. Here is a man who regards it as a part of his ideal of religion to bring about the salvation of his country. If at the same time he says " I am not going to fight with swords or guns," if the man says that it is the part of his religious ideal to bring about the salvation of his country and that by applying Brahmatej, it is for you to consider what the man had in contemplation. It is a truth of political philosophy. You remember in this connection that no government, however absolute or representative it may be, can exist except without the consent of the people. It is a maxim which is well recognised by political philosopher from Hobbes to Spencer downwards. When a Government exists it shows conclusively that it exists with the consent of the people. He preaches that the salvation of the country must be attained by people who possess" Brahmatej." First of all, I submit that he preaches the ideal of freedom because he thinks that until a transformation in the thought of the people is brought about he cannot accomplish his ideal. He says and says candidly that it cannot be brought about in the life-time of an individual. But before that point is reached he holds that the people must be educated at any rate. And it is when the consent of the people is lost that the Government ceases to exist. What are the means he adopts when he comes to Calcutta ? He takes up the cause of National education. All throughout his activities and until the day of his arrest he was always in favour of National education. He sacrificed his worldly prospects in order that he might improve the national education of his country. He joins the National Council of Education and fills an important post there. He engages himself in the swadeshi and boycott movements. In this connection his ideal is that when the people have learnt to love the country they must encourage the industries of the country. Arabinda's view with regard to swadeshi is that
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it is not purely industrial. I do not desire. to justify Arabindo's connection with the swadshi-boycott movement purely on industrial: lines. His way of thinking' is inconsistent.. What I do say is that! he has got one all-absorbing ideal for the regeneration of his: country, and the basis of that ideal is religious. His advocacy of the swadeshi, boycott and national education is not only for the industrial development of the country, not only the development of the education of his country but he thinks that these are, means which are conductive to the awakening or the national spirit of this country. This is the line of his activity. Before I deal with the various documentary evidence upon this point, you. will allow me, to place before yon two letters which will throw some light; One letter is dated the ,30th.Augnst,1905 which. will show, the' thing in 'its two aspects, and the other letter is dated the 17^th February, 1908.I shall also refer to another letter to which my learned friend has not referred. It is of the 20^th February, 1908. The first letter is marked as 292.-4 and the second 292-10. The first letter is setout in .the first volume of exhibits. page 4Ol., With your permission I will deal with the letter in Bengali.

Counsel next read the letter in original Bengali. and then. ,the English translation .The letter stated " I have not written to you. for a long time. I was to return on the 8^th but I could not do so. Wherever Providence took me to I went, I was not engaged in my work but His."

Commenting on this counsel said, this letter shows where he did go Various witnesses also spoke about it in. the course of the trial. The contents of the speeches he delivered will show in what way his activities were directed. .I submit that whatever activities he was engaged in, were based on religion.

My learned friend seemed to have thought that Arabinda in his statement dissociated himself from political work. But in . his statement he says, "in all my activities, political, religious or otherwise, I followed the principles which are enunciated in my letter of the 30^th August." Far from dissociating himself from it, he admits that he was engaged in a political work. My learned friend. has marvellous faculty of misunderstanding Arabinda . Here is an interesting point in my learned friend's address .With reference to the transformation of Arabinda's thought as referred to in the letter my friend was going to suggest something, but all on a sudden he turned away in another direction and suggested that on account of the "sweets letter" there was a transformation in his thought. My learned friend branched it off as it were all said his case was that Arabindo was engaged throughout in the conspiracy. That point he gave up, namely, the suggestion that "Sweets letter" had anything to do with this wonderful transformation in Arabinda's activities.

Counsel here read the letter further on, which says "the

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condition of mind is different now and I am no longer subject to my own will. I shall have to do whatever He bids me." Your Honour will see how Arabinda's convictions were getting deeper and deeper every day. You are familiar with the Hindu thought on the point. In this connection I may point out to Your Honour the utterances of Ramkrishna Paramhansa and other saints. The man considering himself as the actor is inconsistent with the principles of Hindu religion, the very essence of which is, you are the player of the instrument and I am the instrument itself. This thought is referred to in the letter of the 30^th August in which Arabinda says to his wife "you may think that I am doing all this of my own accord but these are not my own actions. I am merely an instrument of the divinity within."

Continuing counsel said: you are also aware of the line in the " Geeta", i. e., Thou dwellest inside me and I do whatever Thou dost engage me in.

Mr. Das read the line in the letter which showed that God had shown a specimen of his boundless mercy. Does this-asked counsel-suggest bombs? It marks the beginning of his religious convictions. Arabinda says further on in the letter that God will show His mercy to her also, He will show her also the way. Does it suggest that his wife is to join the conspiracy and engage in the preparation of bombs to kill Englishmen? It is for the wife to help the husband in the exercise of the religious rites. Arabinda used the word in the letter refered to above. He calls his wife according to Hindu ideal. I suggest that this transformation marks the beginning of Arabinda's religious convictions. The wife is to assist the husband in the exercise of his religious rites. Arabinda writes to his wife "pray to God half-an-hour everyday and He will give you strength. You will be in a position to assist me in my religious practices."

Counsel read that portion of the letter which says ; i.e., what he writes is not allowed to be divulged. Counsel commenting on this said, if a man takes the he is not to divulge it to anyone, even to his wife unless he gets permission from his guru. Arabinda says that the matter is i. e., secret. I submit that even if the language of this letter is strained no other construction could be put upon this. He says , i.e., I have not said it to anybody else except you and I am not allowed to divulge it." Why? If it is a matter of conspiracy, the conspirators know it. Aurobindo says I The Government Translation of this is "I have been specially forbidden to disclose it." I submit that this is not a proper translation. The correct translation would be it is not allowable." The letter of the 30^th August is on a purely religious topic; because he for business matters refers his wife to Sarojini,

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After his return from the Congress he must have taken the mantra and he was anxious to take hill wife along with him.

Barin went to Baroda in the year 1905. My learned friend suggests that it was all this time that ,the seeds of anarchism were sown. The letter Ex. 286-3 was written before Arabinda came to Calcutta. First of all it shows at that time, he was not interesting himself. in. Calcutta politics. He did, not know anything about Bengal, politics at that time excepting the Swadeshi movement which was all over India at that time. The letter states further on 'I have had to spend a lot of money on account of the Swndeshi movement. I have another movement in view which requires unlimited money."

But what is this movement ? My learned friends suggests that it is the movement that you have got here. But was, it started at that time?, Was, it started as far back as, 1905 ?, Arabinda writes "I have had to spend spend a lot of money on account of the swadeshi movement. I wish to carry out another movement which requires unlimited money." I submit, observed counsel, this movement is not the movement of the bomb. Arabinda's idea was to start an extensive movement of Vedantism . He desired to spread it not only all over India but all, over the world. He is it Vedantist and he bases whole of his, activities on Vedantism, He was thinking of' starting the movement ,on the basis of his truest principles. You must not forget that it is not a matter of conjecture that Vedantism may be carried outside India. It has already been carried into America and also into England though not to the same extent, into the latter. 'The movement of bombs according to my learned friend was inaugurated in Calcutta sometime after the time mentioned in the letter. Whenever my learned ,friend comes across the word "movement" he at once comes to the conclusion that it must he a movement of bombs. I need: not trouble, your honour with anything further about this letter.

The next question is when Arabinda, came to Calcutta. He came sometime in May,1906, and then he went to Baroda back again. It is very important to fix the date. " Here is a letter from Arabinda to his father-in-law. It is marked 292-6 and dated 8th, June. You will find the letter on page 5, first book. It is written from Calcutta. The letter states "if you are anxious to send Mrinalini down to Calcutta I have no objection." Barin has fallen ill. I suggest that he may go to, Shillong for a change, If he goes, I am sure, you will take care of him, Barin is somewhat erratic. He is specially fond of knocking, about in a spasmodic fashion when he should, stay at home and nurse his health. I have learnt not to interfere with him in this respect. If I interfere and try to check him, he is likely to go off at a tangent and become worse. "

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Commenting on this counsel observed, my learned friend has made use of this letter and observed that Arabinda is a very affectionate brother.

On the 7^th July, observed counsel, Arabinda was at Baroda. Between the 6^th July and August, there is no letter to throw any light. If you turn to page 254 of the first book, you will find at the bottom of the page, that Arabindais described as a service-holder. This document is dated the 1^st of August, 1906. So far as documentary evidence is concerned, you find that .Arabinda was in Calcutta on that date.

It is clear―observed Mr. Das that Arabinda had come to Calcutta shortly before the 1st of August. Witness Sukumar Mitter also spoke about this, but his evidence is rather hazy with regard to dates. It happens that he never went to Baroda after that. He must have sent his resignation. The National College was well established in the meantime and he became Principal of the College.

My learned friend calls the period between August 1906 and October of the same year the "period of great activities." Arabinda became the Principal of the National College within this period. Within this period of time the "Bande Mataram" was started. He was certainly one of the promoters of the" Bande Mataram " Company and the venture, the "Chattra Bhandar" was called into being. These are the three lines of his activities. I will prove here that so far as the" Chattra Bhandar" is concerned, he had no connection with it except that he signed his name as a witness. This was a mere formal matter. "He was connected with both the institutions, the National Council of Education and the" Bande Mataram " if I am allowed to call the latter an institution. I do not admit for a moment that he was Editor of the" Bande Mataram." But I do not for a moment deny that he was connected with it and certainly he was connected with it as a contributor. My learned friend speaking about the "Chattra Bhandar" observed that it is a limb of the conspiracy. Because Arabinda was connected with it, or Arabinda is a conspirator, so the Chattra Bhandar is a limb of the conspiracy. The question is "Is " Arabinda a conspirator ?" The charge that he is a conspirator is laid at his door, because of his alleged connection with the Chattra Bhandar. First of all, if you look at the memorandum of Association of the Chattra. Bhandar, you find that Arabinda signs his name as a witness. My learned friend says that the organization is a limited liability company, its Articles of Association and so forth are mere devices. He observes that they do not represent the real state of affairs. The argument is that the "Chattra Bhandar" became a limited liability company with a view to conceal its real object.

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Mr. Norton :―I never said that.

Mr. Das :―Perhaps it is owing to my weak intellect that I could not understand what my learned friend said. He said as a matter of fact that it is a cloak to conceal the design. Let us look at the document itself. I am referring to clause III of it. It says that the Company is started to carry on business as; merchants, traders, importers, exporter and general business merchants, both wholesale and retail. It shows that the Chattra Bhandar is not purely swadeshi. It proposes to import. As for exporting opinion varies. I am not, however going to enter upon an economic discussion . If you. look at "D" you find that it has no connection with any political design.. It. does. not look like a conspiracy. Mr, Norton remarks that this company was started as a cloak to conceal the dark design. The rules were framed in such a way as to conceal the nefarious design. But what do we find here, shareholders are restricted. It depends upon the directors to take, shareholders in, Rule X de declares that if. a shareholder, is indebted he cannot buy or sell his share to get rid of the debt. But if you read Rules VI. and X together you find that there is no difficulty in selling or buying shares. There is also no difficulty for outsiders to come in. Still my learned friend holds that the Chattra Bhandar was a device to conceal its nefarious design.

My friend suggests that the Chattra Bhandar was intended to help the conspiracy 40 percent of it's profit is to be divided amongst shareholders. My learned friend commenting on the clause which provides that 30 per cent. of its profit is to be devoted to philosophic work, observes that it was to effectuate the nefarious design.

It is a custom in this country amongst people who start business as limited liability companies, or those, who start business by themselves to distribute a portion of the profit to the welfare of the community. I submit that is a perfectly good thing. You find this even amongst common shop-keepers who set apart something which they call " britti."

Mr. Norton :―Is that evidence?

Mr. Das :―It is a common custom in thiscountry. Can I not refer to that? Your Honour may have come across this in many civil cases. It is very usual amongst shop-keepers to keep portions of their profit. They do it in this way : For each article sold they keep one piece and this they devote to charitable purposes. We have the great institution at Sodepur which the Marwaris keep up in that way the institution where Your Honour sends your broken horse.

My submission is that if they really intended to start the "Chattra Bhandar" as a cover for their dark design, why did they start a limited liability company at all? Could they not start a partnership

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business for that purpose? If you start a company, you bring yourself directly under the inspection and supervision of the Director. The accounts are rendered' liable to be inspected and checked, whereas if you start a shop, you have to avoid all that. However there is nothing to prove that the limited liability company was formed to devote the profits to the nefarious purposes. If they had that design, they could start a shop, there is absolutely no evidence to show that the profits were appropriated for any dark design.

Mr. Norton :―There was no profit at all.

Mr. Das :―If there was no profit, it cannot be said that they had any nefarious design. The whole thing is based upon suspicion. Assuming Arabinda had such design, what proof is there that Arabinda was connected with it? He simply signed his name as a witness. I desire to show that no suggestion of suspicion can be based upon the evidence adduced on this point. Witness No. 84, Pobitra Chandra, Dutta said, "I went to Subodh Mullick and got him and Arabinda Ghose to sign as witnesses because they were big men." Mr. Norton tried to get out from this witness Arabinda's connection with the "Chattra Bhandar". He says "we decided to go there, as we thought they were big men. Subodh Mullick had made a donation of a lakh of rupees towards the Bengal National College. He was looked upon as a ,great man in Calcutta." Pabitra said "Arabinda used to live at that time at 12, Wellington Square. I went to Subodh Mullick and he told me looking towards Arabinda Ghose 'you had better take his signature.' "

Speaking about Arabinda Ghose's connection with the Bande Mataram, my learned friend observed "I do not care whether he was Editor or not. I say he is the paper itself."

Mr. Das here read the deposition of Sukumar Sen. The witness said (he was at the time professor of the National ColIege) ―"Arabinda never advocated violence, or I would have remembered it. The Company was regarded more as a national organisation than as a commercial venture. The object was more political than commercial."

Continuing counsel said: I find that Arabinda was connected with the old "Bande Mataram." He was present at some of the meetings of the company. He was not the manager of the paper; He was for some time the Managing Director of the "Bande Mataram " Company.

Counsel referring to exhibit 950D said that Arabinda was not connected with the "Bande Mataram " as Editor or Sub-Editor. He had nothing to do with the dealing with telegrams, reprints, etc. The prosecution of the " Banda Mataram" I may tell your Honour was for having published an English translation of a11 article which had appeared in the "Jugantar,"

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Judge :―Does not the witness Sukumar Sen say who was the editor ?

Mr. Das :―The witness stated that Bipin Chandra Pal refused to act as joint editor along with Arabinda Ghose. He wanted to have the entire control of the paper as the editor-in-chief. But there was difference of opinion. Arabinda Ghose was offered the editorship but he refused to take the sole responsibility. For he could not do that. He was at that time the Principal of the National College. In only one issue his name was published as editor. But in 'the next issue it was taken off.

Judge :―Some addresses were presented to him as editor.

Mr. Das :―That was through the impression that he was editor. Arabinda was not responsible for anything that appeared in the "Bande Mataram." There is no magic in the name "Editor."

My learned friend says he does not care if Arabinda is editor. He says that he is the paper and that this paper was born in conspiracy. Let us look into it and see if we can find anything dangerous or anything that suggests bombs or conspiracy or waging war against the Government. Far from any such suggestion your Honour will find the suggestions which, I have said, are the ideals of independence, and the means suggested are those of passive resistance. The point on which the greatest stress is laid in the articles is national education, swadeshi and boycott. 'These points are typical of this paper. The fourth point was the general ideal of freedom. To reach that ideal of freedom they advocated the same policy I have mentioned up to the last day. You will find that they not only did not advocate the formation of secret socie­ties but whenever anything happened which drew their attention they deprecated the secret societies in an emphatic language. I do not for a moment suggest that the ideal of the Bande Mataram was not "absolute independence." It was that and nothing but that, and they always deprecated the ideal of improvement of the Government in this country by the putting in of one member in the Executive Council, or additional members in the Viceroy's Council. It was repeated over and over again that they were not in favour of reforms, but what they desired was "a forming." It would not serve the national ideal by legislation of a tinkering kind, that is to say giving some advantages here and some advantages there. All the articles read out by the prosecution in condemnation of Lord Morley's scheme were in reference to that. Those are the honest views of the paper. If those views constitute in any way the waging of war against Government, I will have to say that, Arabinda is guilty. July contention is that it is open to them to preach the ideal of freedom and lay down the methods in the way the "Bande Mataram" has done-the methods of passive resistance, boycott, national education and swaraj. Whenever any

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suggestion of any violence is made your Honour will invariably find that it is necessary for the purpose of repelling an attack. I shall read a few articles to show that it is not true that the "Bande Mataram" was born in conspiracy. I shall refer to an issue of the 18^th September 1906 under the heading "That Sinful Desire." (Reads). It refers to those constitutional troubles within the Congress itself. I submit that there is nothing felonious in that article unless my friend means to say that you must read between the lines.

Mr. Das then read an article entitled "The idea of National Council" to show the attitude of the Bande Mataram towards secret societies. Counsel read a paragraph dated 3^rd October, 1908, which he put to Purno Chundra Lahiri in cross-examination. The article was entitled" Golden Bengal Scare ".

Now with regard to the National College I have one word to say. There again I do not quite understand my friend's argument. He does not suggest as I thought at first he did that the Council of National Education was a limb of the conspiracy against the Government. What I understood him to suggest was-I say this subject to correction by your Honour―that Aurobindo made use of the National Council to give effect to his nefarious views. If that was so then no inference can be drawn against him from the fact that he was connected with it. I ask your Honour not to draw any inference from the fact that he was connected with the National College. If inference is to be drawn it must go further; not only must the National Council be not harmless but it must also be proved that the National Council is a part and limb of the conspiracy. Unless that is established, mere connection with the National Council will not give rise to any inference adverse to Arabindo Ghose. You will find in the evidence that Arabindo was connected with it not only after it was started but he came down to Bengal expressly for the purpose of carrying on the National Council of Education. He took part in it before it was started as we find in the evidence of Satish Chander Mukerjee, and the best part of the arguments too shows that he did not intend to use the National Council of Education as a party organ in this conspiracy. At the time the National Council was formed who were the men we find in it? Dr. Rash Behari Ghose, Sir Gooroo Dass Bannerjee, and Mr. Nagendra Nath Ghose with whose names no one will ever try to associate politics. That conclusively proves that Arabinda had no -control over it, or if he had it was not his intention to make it a sort of organ for his political activities. The people in Bengal wanted to keep the National Council of Education free from political activity. This inference clearly arises from the names I have mentioned. It was intended, as the prospectus shows, to be an institution to further the education of the country and it was intended to be free from all political bias of either party. Arabindo

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was selected as the Principal of this College because he was under the circumstances the fittest person. When he came to Calcutta in August 1906 he was still in the service of Baroda. He does not give it up until after he is appointed Principal of the National College. With reference to this I desire to read just a few lines of the evidence of Satish Chandra Mukherji (Reads). There is no evidence even that Arabindo exercised any active control so far as the selection of the course of studies was concerned. I submit that this fact is of no importance at all in arriving at the question whether Arabindo Ghose is guilty or not of the charges brought against him. I submit that although it does not help you in coming to any conclusion as to his guilt it shows―as I have submitted to you before-that the course of the activity of Arabindo Ghose was in accordance with the principles which were enunciated in that letter of 13^th August, 1905. That is all that I have got to submit up to this period of 1906.

The next period I take is the period from October 1906 to April 1907. This is a period of very little activity on Arabinda's part as you will find during that period he was mostly ill. You will find―I will state the facts before I prove them―that he was at Deoghur from 11^th December, 1906 to the 14^th December, 1906, and again from 27^th January, 1907, to the middle of April 1907, and you have heard from the evidence of Sukumar Sen that on the night he left for Deoghur permission was asked―after his name appeared as Editor of the "Bande Mataram "―if he would agree to be the Editor and upon his refusal his name was removed the next day. With regard to three different dates which I have given there is very little documentary evidence in the case, and from Arabindo's written statement I shall have to refer to it. In this connection we see that he was ill. He had to take leave from the National College on several occasions; in fact he was practically ill during the whole of this period (Reads Arobindo's statement). Satish Chandra Mukerji was asked about it and he said that the statement about Arabindo taking leave was true.

Another thing which I should like to point out in this connection is that there is no suggestion that at that time there was any activity in Seal's lodge. That was from a few days before February 1908 to some time in April 1908.

With reference to this period my learned friend read out some articles in the" Bande Mataram,1 dealing with autonomy, swaraj etc., and he further said that they contained It show of racial antipathy, that there was no love for. humanity and that they advocated a direct violation of the law. Well, I have lead those articles over and over again and I say that they are absolutely―everyone of them ―free from anyone of those charges, except the charge―and I did not understand my friend to bring that in as a charge―that they wanted to bring in absolute swaraj. What I did understand him

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to say―if I have understood my friend aright-was that the means suggested for attaining Swaraj, was not legal and it was that that made the ideal of Swaraj improper. He took care to say that and I must say that it was very fair on the part of my learned friend to point it out.

So far as these articles are concerned I submit that the charge of racial antipathy cannot be brought against the "Bande Mataram." The particular note in the "Bande Mataram" was "love for its own people" and if that in itself involved some antipathy it may be expected, but what I want to lay stress on is, that the dominant note was not antipathy but love for its own people, and in dealing with that it may be that the articles have referred to other nations not in very complimentary languages. If you read the whole thing you will find that the object is not to attack any nation at all, but to point out that we must fall back upon our own resources, and stand on our own legs, or in other words, as I have pointed out before, that you cannot attain your ideal except through your own salvation. The Bande Mataram had to attack other nations because it pointed out that the people of this country were under the spell of foreign civilisation, under alien civilisation and wanted to dispel by these articles that peculiar hypnotism that was cast on the people of this country by European nations. Not that European civlisation is bad, but that European civilisation is for "Europeans." European nation must develop in their own way; they must rise to the noblest and best in them according to their own traditions. So also with the Indians; they must also take their own stand. Not that European civilisation is bad―I want you to particularly notice that―you won't find that in the articles―but that European civilisation applied to us, European traditions brought into this country, are not the materials upon which this nation can grow. That is the philosophy underlying all the articles. The European civilisation is as a tree which grows in the soil of England; if you bring that tree here, it will not attain the same growth because the soil is not congenial. In the same way the development of a nation must be based on its own traditions. If you base it on any other traditions the soil will not be congenial. As for antipathy and dislike for humanity they are not to be found in those articles.· I submit they breathe all that my friend denies. I say according to these people nationalism has no rational basis to go upon unless it be for humanity. I ask your permission here to read an article which comes into this period. It is written in very figurative language, but the thing it brings out is the inner philosophy of this school, (reads article entitled " Nation Day" October 16^th .)

Counsel next referred to the period from April 1907, to September 1907, i. e. up to the acquittal of Arabindo Ghose in the sedition case. In this period, counsel said, Arabindo's activities

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'were confined to the National College and Bande Mataram. In this connection counsel read a letter written to Arabindo from Tokio sympathising with him in his trouble with the Bande Mataram Trial.

There are some articles of the Bande Matararm of that period. Counsel then read the article of the 17th September headed "The secret of prudence and moderation". The article also deals with passive resistance. "Every country fought its battle of freedom in its own peculiar way. We can use our passive resistance in such It way, etc." (Reads). I need not trouble your Honour with other articles because the idea is the same. They are articles on the Congress, Swaraj and so forth.

It is a curious feature that the whole evidence against Arabinda is doubtful. When your Honour finds, so far as Arabinda's case is concerned, that there is something unusual, something difficult to understand, I submit that your Honour may come to the conclusion that there is something behind the series of difficulties. When your Honour finds that some act is repeated a number of times your Honor may draw that inference. (Reads) I suggested to him why he did not put any mark. He says he put some mark in blue pencil which was obliterated (Reads).

I submit there is nothing in it which goes against Arabinda.

The next period I take up now is from September 1907 to December 1907. Your Honour will find that from the middle of October 1907 to about end of December 1907, Arabinda was ill and he was at Deoghur. I ask your Honour's attention to the letters and other evidence on this point because this matter is of some importance in connection not only with this topic but also with different topics.

Counsel next read a letter from Mr. Palka which related the entire activities of Arabinda with regard to the Congress. The writer invited a number of extremist delegates. Arabinda wanted to put the Congress on a representative basis. He said that what is alleged to be a national gathering must be national in the true sense of the word.

Judge.―The Congress has ceased ?

According to the Extremists the Congress has ceased to be. But according to the Moderates it is still going. It is like "The Duma is dead. Long live the Duma."

Counsel next referred to the slip which was sent to the Bande Matamm for discussion.

Your Honour will find, continued counsel, from the evidence of Mr. K. B. Dutt that Mr. Surendranath Banerjea did not like the idea of giving up boycott at the Conference. A few days after they issued a circular that Swadeshi covered everything. The

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extremists say that it was merely a trick to mislead the people who feel very thoroughly on the question of boycott.

Mr. Das referred to a letter from Mr. Tilak to Arabinda Ghose. It asked Arabinda Ghose to invite a large number of extremist―delegates to the Congress. :Mr. Tilak wanted to have a separate Conference for the nationalists. His idea was to have a separate Conference as soon as the deliberations of the Congress were over. Their attitude, was not to break up the Congress. They want to have the question of electing Dr. Rash Behari Ghosh decided by voting. The extremists wanted to have a separate sort of party organisation for them. In England the parties have their own organisations, the Liberals, the Conservatives, down to the socialists. They did not want to force their views. They wanted to see that the views of the delegates were represented by the Congress. I submit the Nationalist Conference was held and passed resolutions. These resolutions were published in newspapers. They assembled not to break up the Congress. They did not say "if you don't accept our views, we shall break your head." They had no bombs in their contemplation. I do not say as my friend suggested that they had bombs in their contemplation.

Judge.―It is rather forcing their views on the Congress.

: Mr. Norton.―:Surely.

- :Mr. Das.―The position of affairs was this. The nationalist delegates did not want Dr. Rash Bihari Ghose as the President. They wanted Lala Lajpat Rai. If he declined, then they would have Mr. Surendranath Banerjee.

: Mr. Das.―There is no difference between extremists and moderates. The moderates have the ideal of "swaraj" on the colonial lines while the extremists have the idea of "swaraj" in the independent form.

: Mr. Norton.―The moderates have the ideal of Government as obtained in the colonies.

: Mr. Das.―What is the difference? Where is the control of England over the colonies?

Judge―It is a matter of policy;

: Mr. Das.―It is not a question of ideals. The Parliament cannot force its views. The extremists liked to put their ideals in a more logical form. The "Bande Mataram" made this point clear. The moderates and extremists mean the same thing but the moderates have not the courage to say as the extremists.

The same letter contained a phrase which was printed as "Government Expression," saying that if Dr. Ghose was rejected, there would be " Government Expression."

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Judge―It is probably repression.

Mr. Das next made reference to a letter, from Mr. Tilak to Babu Moti Lal Ghose asking him not to accept Dr. Ghose as the leader. Counsel referred to the manifesto issued by Arabinda Ghose inviting extremist delegates to the nationalist Conference here.

Your Honour heard the discussion about the scheme for the constitution of the Congress. That was another point on which there was a good deal of dispute between the extremists and the moderates. Mr. Norton suggested that he got it at Surat, nobody would dispute that. To my mind it was a scheme drawn up for the purpose of drawing a constitution for the Congress. The subjects mentioned were National Fund, Arbitration Court, Primary Education, Swaraj and Boycott. They were to be discussed either in the Congress or it suggests a scheme that is to be proposed before the country for the Congress. The worst point in that is the establishment of Arbitration system, of course from our point of view. There is nothing sinister, nothing, suggestive of bombs, conspiracy or anything of the kind (Reads).

Then some other letters appear during that period. I will not read them. They prove Arabinda's connection with the Bande Mataram. It is' admitted. That is the letter which I have referred to in connection with Arabinda's residing at Daoghur. In this letter the writer made suggestions for the improvement of the Bande Mataram. It was from a man of Bombay. He thought that Arabinda had some influence over the Bande Mataram, that is why he wrote it to him. It is clear, that Arabinda had some sort of control and I have all along admitted that both here and elsewhere in connection with the other case.

Arabinda's work was a work of love to the "Bande Mataram." He would not be put to such a position so as to be responsible for anything appearing in the Bande Mataram. He had not the time nor his health would allow him to look after or supervise the paper. That is why he refused to be the editor. He was not the editor at any time. It is the case with English newspapers that the reporters send their reports and they are printed and the editor is responsible for what appears. He associates, myself with the views but he does not hold himself responsible for anything that appears in the editorial columns. I can't ask Your Honour to read the whole but there was nothing to show that he was responsible.

Continuing counsel said-I have got a few articles of the "Bande Mataram" placed before Your Honour. I placed articles published in December 1906. I have got 3 or 4 articles representative of different views of the different parties. Arabinda was

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arrested on the 2^nd May, 1908. I have taken up all the articles from December 1906 to April 1908. They conclusively support the contention that I have made from beginning to end.

Mr. Das then dealt with several articles from the paper during this period and assailed the argument of Mr. Norton about the alleged connection between the Nationalist papers.

He continued :―I have dealt with the evidence with regard to the so-called conspiracy and I now desire to draw Your Honour's attention to certain points in common between the moderate papers, the "Bengalee" and the "Indu Prokash" for instance and the Anglo-Indian papers like the' Statesman," the "Indian Daily News", the" Pioneer" and the "Englishman." Still these papers have. their peculiarities. I cannot forget the fact that there must necessarily be a great deal in common between them. It is, by no means, a violent assumption to say that. But inspite of the points in common, each paper must stand on its own legs. Your Honour will find certain peculiarities in each paper. Your Honour knows the "Bengalee" and the "Indu Prokash" of Bombay are perfectly moderate papers. I do not know why my friend will extend his triangle so far.

So far as the "Bande Mataram" and the "Jugantar" are concerned, I shall show by reference to 'one article that according to the" Bande Mataram," the ideal of freedom must be attained by passive resistance, Swadeshi, Boycott, national education, courts of arbitration etc. To quote from the famous speech of Gladstone, "you must educate yourself for self-government. You must take up as much work of Government as you can do". National education, Swadeshi, all these are methods laid down by the "Bande Matram."The paper says that it is only by perusing these methods that you can attain self-government. Make yourself fit for self-government. This is the doctrine of political philosophers in Europe upon which the view is based. This view has again been analysed by the " Bande Mataram " and adapted to Vedantism pure and simple. Every philosopher in England deals with the growth of democracy. From the time of Hobbs down to the time of Spencer,―passing from the period of English history known as the period of French illumination, it has been held that the Government can only exist with the tacit consent on the part of the people. In point of time, if the character of the Government be most despotic that you can imagine or representative, the mere fact that the Government does exist shows conclusively that the people has consent to it. There was a time, according to Hobbs, when the people and the King used to meet together. They met why? To determine the consent of the people.

Locke borrowed his views from Rousseau on this point. Spencer's "Man vs. State" embodies this view. As a matter of fact,

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the relation between the Governor and the governed is based. upon actual contract. It may not be so historically speaking but it must be true logically speaking. You cannot govern people against their wishes. At every point of time that the Government exists, it shows that it exists, because the people lend their support.

Continuing counsel said Arabinda also exposes the same theory. He gives a new expression and makes it a new point of his philosophy. This doctrine of the tacit consent of the people and another doctrine which is misapplied, namely "Vox populi vox dei," are applicable in this connection. Arabinda holds the same principles whether with regard to the nation or the individual. He sees in the development of the society or the individual, the manifestation of God. He takes the same principle of development according to the law of Nature or Law of God, in the light of Vedantism. "Vox populi vox dei ", i. e., the voice of the people is the voice of God, because the people are the manifestation of God. No man can attain salvation except by severe self-restraint. Unless he restrains himself, he has no hope of salvation. If you apply this doctrine, as Arabinda Ghose has applied it, to the situation of this country, what is the result? The result is that the people want "swaraj" or self-government. I do not desire to repeat my argument here. Arabinda has taken care never to define the form of "Swaraj". Arabinda has advocated national education, Swadeshi, boycott and court of arbitration whereas the "Jugantar" in its article headed the" Suchona" holds that no progress of the country is possible without independence. Talk of Swadeshi, the" Jugantar " laughs at it. Talk of national educa­tion, arbitration court, the 'Jugantar' says all that is a pastime. No progress of the country can ever take place unless you have absolute independence. This is the essential difference between the principles of the Bande Mataram and the Jugantar. Mr. Das here read articles from the Sandhya, Navasakti and other papers to show the difference in the tone of their writings.

Mr. Das then went on to discuss some unpublished writings of Arabinda Ghose. My learned friend, observed counsel, argues that the writing No. 2998 furnishes an index of the man's thoughts. This writing is in Bengali: My friend does not show that it is in the handwriting of Arabinda Ghose.

Mr. Norton―I suggest that it is the handwriting of Sarajini.

Mr. Das-It certainly looks like a lady's handwriting. I fail to understand how it furnished an index of Sarajini's thoughts. Sarajini is not before Your Honour as a conspirator.

Referring to the article" morality of boycott," Mr. Das said" since the man did not publish this, I venture to submit that he did not publish as he thought the article might be misunderstood. How can you convict a man for unpublished writings ?

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It is for Your Honour to say whether these writings can furnish an index of the man's thoughts. I submit they cannot. Because the words and phrases employed do not clearly and completely bring out his ideals. Arabinda thought the writings might be misunderstood so he did not publish them. Unless you can show that they were secret documents, intended to be circulated amongst the people secretly, you cannot draw the inference that the writings supply an index of the man's thought. I ask Your Honour to interpret the point charitably. These writings were not published anywhere. Arabinda could publish them easily. They are open to this charitable construction that since Arabinda feared they might be misunderstood, he did not publish them. I ask Your Honour to accept the charitable construction. The writings do not bear the meaning which my learned friend sought to put into it." .

Mr. Das read a long unpublished article by Arabinda Ghose entitled "What is Extremism." Referring to a sentence " the law was made for man and not man for the law", the Judge asked if each person was entitled to pass his own judgment on the law.

Mr. Norton, interrupting, asked how the societies were to exist ?

Mr. Das, continuing with his argument put the question "is it not the same view which obtains in other countries with regard to passive resistance?" Have not the people often disobeyed the provisions of the law and taken the penalty?

Mr. Norton―Not on the ground that the law is wrong.

Mr. Das―That is Arabinda's view. Proceeding Mr. Das aid that Arabinda put it on the ground of organic unity between he Government and the people. They were not judging the man on account of his ideals. So far as the infringement of the law was concerned it was the same in other countries. The Government do a certain thing and the people say it is wrong and unjust. If they are fined, they are prepared to pay the fine.

In the language of Arabinda you have got here an authority which has not sprung from the nation as a part of its organism. The Government has not sprung here from within the people as the Government of other countries. No one can gainsay the truth of that. Arabinda never hesitated to put that forward over and over again. I object to the Government of this country not because it is an autocratic Government, not because it is a democratic Government or of its particular actions which are criticised by others. My objection is based on philosophy;

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that this Government has not sprung from the people as a part of an organism.

Arabinda's argument was based on the ground of "utility." And after all, counsel declared, the basis of all legislation in England was utility ; something which helped the growth and development of the nation. That was the claim of the Government. We pass this law because it is in the interests of the people, and the interests of the people, counsel said, could not be considered apart from the development of the nation.

Counsel read some further passages from the article where Arabinda discussed the methods by which they were to attain the ideal of freedom. Commenting on this counsel said if a bomb were brought to Arabinda and he were asked" Shall I throw this at the first Englishman I come across?" Arabinda would say "Will this accomplish the great ideal?" The answer, counsel said, would necessarily be 'no' because it would not produce the desired effect.

His Honour―If effective, use it ?

Mr. Das―If the oppression increases to such an extent and people are so united together, and have got such re­sources at their back that they think they can fight the Government in battle as it were they may do it, but not now.

His Honour―He goes back to the Utilitarian method if you are strong enough to fight.

Mr. Das : Yes, that is the whole trend of his argument.

Proceeding Mr. Das repeated his former argument regarding the methods advocated by Arabinda, insisting on the point that according to Arabinda violent methods were bad and peaceful methods were good. In the paragraph discussing the methods, which counsel read, Arabinda was taking each particular ideal and probing it in order to test its truth or - otherwise. He was discussing the best ideal. Counsel read a sentence regarding one of the means discussed by Arabinda which ran "whether it is worthy of a great people who is struggling to be" ; counsel called His Honour's attention to this question put by Arabinda.

Counsel continued: If there was a section in the Penal Code― which fortunately there was not―that the preaching of national freedom meant sedition, Arabinda's answer would be, "never. the less I must do it. I cannot help it. It is within me and that is what I owe to myself and my God." .

Referring to another passage where after discussing certain questions Arabinda said "the result will be anarchy" Counsel said he was surprised at Mr. Norton who was an English scholar saying that he meant anarchist's outrages. He challenged Mr. Norton to point out from the writings of any English writer that the term "anarchy"

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has been used to mean" anarchists' outrages." "Anarchy" counsel said, meant "disorder" and Arabinda was referring to a sort of social chaos.

Counsel read some further passages with the object of showing that the metaphors used by Arabinda were taken by Mr. Norton literally. When he spoke of sacrificing their lives for the country Arabinda meant that they should suffer. Referring to the expression "Manuring the soil with their blood" counsel asked if such a thing was possible, it was a mere metaphor. He exhorted the people to suffer to the last extremity. What would happen, counsel asked, if passive resistance could be so well organised that all the people refused to pay taxes. It was not a very pleasurable subject to deal with, but counsel said one could well imagine that there would be firing of guns and the result of that would be that the people would be weltering in blood.

Proceeding Mr. Das said he was outlining a passive resistance which it would be impossible to reach, but the man who was writing was pushing a wrong point to its logical conclusion. The point he had fixed his attention on was the method and the ideal. The point he was pursuing was whether it was effective and consistent with the traditions of the country. No nation could grow out of subjection unless it was prepared to suffer. The reference to blood and darkness and death, counsel averred, was figurative. If it led to disorder even then it was welcome because it helped to attain the development they were seeking. It did not help Mr. Norton in thinking that it referred to bombs, ammunition or any other thing.

Referring to the word Revolution which appeared in a passage in the article, Counsel said, that this did not have the same meaning as the French Revolution. The word was used in the sense of peaceful revolution.

Proceeding with his argument counsel said "If Your Honour looks at the dominant notes in the unpublished writings it is perfectly in accord with the real nature of Arabinda's writings. If you take hold of a word here and a paragraph there you will not get the real intention. Your Honor must read that article with all the other articles. Counsel referred to another article from which Mr. Norton quoted the lines of Wordsworth in­corporated in the article" who would free themselves must themselves strike the blow."

Commenting on this Mr. Das said: "My friend seems to think that it is indicative of bombs. If Your Honor reads the whole article you will find that it is written in appreciation of Rash Behary Ghose's speech delivered at the Congress. The author quotes this particular line of poetry to support the contention that Mr. Ghose put forward that nations by themselves are made"

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Counsel next dealt with the "sweets letter." He said, "Your Honor will find that having regard to the Circumstances as disclosed in. the evidence of this case, Your Honour cannot accept the document as being in the hand-writing of Barindra Kumar Ghose, or that it was sent to Arabinda Ghose. What does it. show? The letter is supposed to have been written by one brother to another at Surat. Therefore if this letter is genuine both the brothers were at Surat at that time. I submit that it is utterly improbable, assuming that both the brothers are conspirators, that one brother should write to another brother in this way. There, they could have talked to each other, explained their thoughts―each to the other―without writing at all. The letter states "we must have sweets all over India ready made for emergency. I wait here' for your answer." The case for the prosecution is that Barin used to address Arabinda, as "Shejda". Did Barin forget this when writing this letter? He writes "Dear brother". In' this country no younger brother would write to any elder brother, as "Dear brother" except to the eldest brother.

Judge :,―What do they write?

Mr. Das :―Mejda, Shejda etc. only the eldest brother is addressed as brother. The fact that both the brothers being at Surat, Barin wrote to Arabindo, is extremely improbable.

I draw Your Honour's attention to the fact that Barin signs "Barindra Kumar Ghose." My learned friend says that Arabinda and Barindra are Europeanised. But Barin came to India at the venerable age of one year. I left England 15 years ago, I do not know whether the custom has changed there. But when I was in England I noticed that a brother never set out his full name when writing to another brother.

Judge :―I would not put my full name. I would omit my surname.

: Mr. Das :―Nobody would sign like that. Considering the probabilities I submit that when a brother desires to communicate something to another brother, the proper form of signing his name is not to give the full name like Barindra Kumar Ghose.

Mr. Das continuing said, "this Sweets Letter is taken with Arabinda and treasured down. It is taken to different places in the Bombay Presidency, It is brought to Calcutta back again. It is kept at 23 Scott's Lane for a couple of months and the Police are lucky enough to find the letter at 48, Grey Street. It is grossly improbable. I submit that under the circumstances, Your Honour will hesitate to accept this as evidence and proof against Arabinda Ghose."

Mr. Das here read from the evidence of Mr. Creagan. Counsel commenting on the evidence said, on the 2^nd May, not only

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the 48, Grey Street, was searched, but the other houses were searched as well. .All the articles found at the searches were sent to the Park Street Thana. There is no reason why an exception should be made with regard to 48, Grey Street. The documents of 15, Gopi Mohan Dutt's Lane, and the garden were both sent to the Park Street Thana.

Mr. Das then referred to the great confusion in the evidence of the Police witnesses with regard to the finding and examination of the letter at the Thana.

Mr. Das : There is just another point about the "sweets" letter which is this―Your Honour will find that the number of the bundle was subsequently added to. Mr. Creagan in his cross-examination says" the letters might have come out of the envelopes." I submit that the" sweets letter" could not have been in the bundle. The number of the letters in the document must at least be 64. There were 64 letters and 20 envelopes.

Mr. Das referred to the evidence of several other witnesses and commented on them, after which he summed up. He said "I must thank Your Honour and gentlemen assessors for the very kind ·and patient hearing you have given me throughout this case. My only wish was that the task might have fallen on other hands to place this case before the Court; but as it fell on my hands I did all I possibly could to place the evidence in this case before the Court in a connected form. There is one point which struck me at the outset of this case but I did not refer to it so long, as I thought it could be dealt with more conveniently and appropriately after I had finished dealing with the evidence oral and documentary, on the record. Your Honour will find that my learned friend's case is that Arabinda is the head of this conspiracy. He has credited Arabinda with vast intellectual attainments and with vast powers of organisation and his case was that he was directing this conspiracy and was working from behind. Now it is with reference to this that I make my submission before Your Honour, that having regard to the nature of the conspiracy which has been established by the evidence,―if it has been established at all―it is impossible that Arabinda could ever have believed that that conspiracy was likely to succeed; If you say that Arabinda is not gifted with the intellectual powers with which you have credited him that is another matter. But if you say that he is all that you have been kind enough to say he is and concomittant with that he is the head of the conspiracy and is directing the conspiracy, my answer to that is, the conspiracy is of such a nature that it is impossible to believe that Arabinda could ever have thought in his mind that it could succeed. My learned friend has referred to the thousand and one ramifications of that conspiracy and he has argued that there was a conspiracy from Calcutta to Tuticorin and other places and in order to substantiate this vast conspiracy as it

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were, he has not hesitated to bring a charge of conspiracy against persons of whom there is not the slightest evidence on record to show that they were in any way connected with it. I ask you to disregard all that; the conspiracy is in my learned friend's imagination; I do not for a moment suggest that he does not believe it to be true; I don't suggest that he does not believe every word of what he has said and that he has no misgivings on the point. I wholly concede that he fully believed in the conspiracy which he has put forward before the Court and the only way I can explain that and the only suggestion that I can make is that he has been under the tutelage of the police for a long time and the police have poisoned his mind during the last ten months and no doubt he sincerely believed in it and put it forward before the Court.

But the evidence is entirely different. From the evidence as is furnished by the confessions in this Court-confessions upon which the prosecution relies-you will find that it is a childish conspiracy ―a toy revolution. It is impossible that Arabinda could ever have believed in his heart of hearts that by bombing one or two Englishmen, or some Englishmen at different places, they would ever have been able to subvert the British Government. If you credit him with intellectual powers and say that he has a brilliant mind, it is not open to you at the same time to say that he was the leader of a childish conspiracy and a toy revolution. That is the difficulty which comes up at the very threshold of this case. Either drop the suggestion that it is because of his intellectual powers, because of his eminent qualities with which he is credited that you want the Court to believe that he was the leader of the conspiracy; or the other theory that he was in fact the leader of this conspiracy and of this alleged revolutionary project. Apart from that suggestion if you turn to the evidence what do you find ? It is argued that the confessions are evidence against Arabinda. My answer is that the confessions exonerate him. If it is argued that the watch witnesses and the other witnesses have proved conclusively that there has been association between Arabinda and the conspirators, I submit that that evidence is such that yon can't place the slightest reliance upon it: not only that, but that under the circumstances one could only expect the evidence to be of such a character. If the Government takes into its head to believe that there is a vast conspiracy which is threatening the stability of the Government, it is common knowledge, that you do come across spies who give false evidence. I shall just read It passage from a book written by an eminent Judge. "The Government under those circumstances have spies who wriggle into the case, eaves drop into families, abstract correspondence and forge letters." Therefore the evidence given before you is evidence that you can expect in a case like this. It seems to me if you consider the evidence carefully and apply the different tests I have suggested

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and submitted for consideration, I have hardly any doubt that you will reject that evidence as untrustworthy. Is it argued that in the different letters that have been put forward there is a case against Arabinda, that these letters show that Arabinda is implicated in any conspiracy whatsoever? My answer is that the letters themselves don't show anything of the kind. It is my learned friend's interpretation on those letters; and in some cases in regard to Arabinda's connection with certain boys that interpretation has been of such a character that one can hardly resist the temptation of calling it ridiculous, reminding one of the case of Mrs. Bardell against Pickwick. He reads a document and imports into that document things which are not to be found in the four corners of the document, but which have evolved out of my friend's inner conscience. If you read the documents as they are, having regard to the circumstances under which they were written, I venture to submit before you, that there is hardly any doubt, whatever may be the view, that those documents do not bring the guilt home to Arabinda Ghose with reference to any of the charges brought against him. My further submission is that my learned friend to a certain extent realised that and he said out of despair as it were, 'never mind the letters, never mind the evidence but look at the probability, look at the man's thought.' It was in that view that he put before you the different newspapers and the charge of conspiracy and wholesale conspiracy against many men of light and leading in this country. 'Read the "Bande Mataram," read the different speeches and read the other newspapers-my friend says that you must read the other papers because they are all linked together and you discover what his thoughts were. If you analyse those speeches and writings and if you find an indication that the man was putting forward before the country, the ideal of freedom, you must take it for granted that he was also in favour of applying bombs, of secret societies and such other means as some of the evidence in this case discloses.' My submission to you is―I made it before and I do so again―that those papers and the writings and speeches are nut legal evidence in the case at all ; but if you do take them you , find unmistakeable indication that whatever may be Arabinda's views, he is not guilty of the charges brought against him. I have placed before Your Honour the letter of the 13^th August 1905. I read to you the whole of that letter and commented on it and I explained to you what the different thoughts in that letter are. (Reads) 'I say, as I have said in my statement, that ever since I came to Calcutta from Baroda, I never for one single moment deviated from the principles laid down in that letter. I have said I never took any part in politics. I have said in my written statement, whatever the nature of my activities, be they political, social or religious, that throughout the whole course of my activities, I never for one single moment deviated from the principle laid down in that letter

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of 13^th August. The whole of my case before you is this. If it is suggested that I preached the Ideal of freedom to my country which is against the law, I plead guilty to the charge. If that is the law here, I say I have done that and I request you to convict me. But do not impute to me crimes that I am not guilty of ; deeds against which my whole nature revolts, and which having regard to my mental capacity are something which could never have been perpetrated by me. If it is an offence to preach the ideal of freedom, I admit―having done it―I have never disputed it. It is for that that I have given up all the prospects of my life. It is for that, that I came to Calcutta to live for it and to labour for it. It has been the one thought of my waking hours, the dream of my sleep. If that is my offence, there is no necessity to bring witness into the box to depose to different things in connection with that. Here am I and I admit it. My whole submission before the Court is this. Let not the scene enacted in connection with the sedition trial of the "Bande Mataram" be enacted over again, and let the whole trial go into a side issue. If that is my offence let it be so stated and I am cheerful to bear any punishment It pains me to think that crimes I could never have thought of or deeds repellent to me, and against which my whole nature revolts, should be attributed to me and that on the strength, not only of evidence on which the slightest reliance cannot be placed, but on my writings which breathe and breathe only of that high ideal which I felt I was called upon to preach. I have done that and there is no question that I have ever denied it. I have adopted the principles of the political philosophy of the West and I have assimilated that to the immortal teachings of Vedantism. I felt I was called upon to preach to my country to make them realise that India had a mission to perform in the committee of nations. If that is my fault you can chain me, imprison me, but you will never get out of me a denial of that charge. I venture to submit under no section of the law do I come for preaching the ideal of freedom and with regard to the deeds with which I have been charged, I submit there is no evidence on the record and it is absolutely inconsistent with everything that I taught, that I wrote and with every tendency of my mind discovered in the evidence.'

My appeal to you therefore is that a man like this who is being charged with the offences imputed to him stands not only before the bar in this Court but stands before the bar of the High Court of History and my appeal to you is this: That long after this controversy is hushed in silence, long after this turmoil, this agitation ceases, long after he is dead and gone, he will be looked upon as the poet of patriotism, as the prophet of nationalism and the lover of humanity. Long after he is dead and gone his words will be echoed and re­echoed not only in India, but across distant seas and lands.

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Therefore I say that the man in his position is not only standing before the bar of this Court but before the bar of the High Court of History. .

The time has come for you, sir, to consider your judgment and for you, gentlemen, to consider your verdict. I appeal to you, sir, in the name of all the traditions of the English Bench that forms the most glorious chapter of English history. I appeal to you in the name of all that is noble, of all the thousand principles of law which have emanated from the English Bench, and I appeal to you in the name of the distinguished Judges who have administered the law in such a manner as to compel not only obedience, but the respect of all those in whose cases they had administered the law. I appeal to you in the name of the glorious chapter of English history and let it not be said that an English Judge forgets to vindicate justice. To you gentlemen I appeal in the name of the very ideal that Arabinda preached and in the name of all the traditions of our country; and let it not be said that two of his own countrymen were overcome by passions and prejudices and yielded to the clamour of the moment.

Mr. P. Mitra then argued the case on behalf of Asoke Nandy, Debabrata Bose, Indra Nandy, Hem Chandra Das and Dindayal Bose and contended that no charge of conspiracy had been brought home to them. Suggestions and inferences based on assumptions were the utmost that could be urged against them. Mr. P. Lall then dealt with the cases of Nagendra Gupta and Dharani Gupta". Both were convicted by the High Court for possessing arms at 134 Harrison Road and was given 7 years' imprisonment. There was nothing to show they were in any conspiracy.

Babu Nagendra Nath Banerjea, vakil, addressed the Court on behalf of Bejoy Bhattacharya and drew the attention of the Court that the crown counsel admitted that the evidence fell short of necessary standard and that the formulae for bomb was not found on the first day and Bejoy was not aware if it.

Babu Bejoy Krishna Bose took up the case of Abinash Bhattacharya whom, he said, the Crown Counsel wanted to sacrifice at the altar of Arabinda. Evidence was given that he was connected with Jugantar and was the author of two nefarious books Bartaman Rananiti and Mukti kone Pathey. So long as Abinash was connected with Jugantar there were two prosecutions viz., those of Bhupendra Dutt and Baikunta Acharya. The two issues upon which the prosecutions were based were not printed at Abinash's Press. Abinash was only the manager and though he was prosecuted, he was acquitted. After that he cut off all connections and sold the Press. All letters addressed to him as Manager, after this were not found with him but with Taranath. The articles

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reprinted in the Mukti kone Pathey were those upon which the Government did not elect to prosecute and he did not consider it wrong to print them for sale. He wanted to start the Navasakti as a paper different from the Jugantar―as he thought that by writing violent articles and going to jail the gospel of freedom could not be preached. Abinash's name is not to be found in any note book anywhere. In all the confessions no mention of Abinash was made except only to show that he was connected with the paper Jugantar.

Mr. R. N. Roy argued the case then on behalf of Provas De and the three Sen brothers of Sylhet and Babu Dwijendra Nath Mookerjea for B. K. Kane.

Mr. E. P. Ghose then addressed the Court on behalf of 9 accused persons. He first stated the general principles of law and evidence which the Assessors should bear in mind. He adopted all the points of law taken by Mr. C. R. Dass as his own. The four overt acts, viz. two on the L. G., one against the Mayor and another against Mr. Kingsford were intended for individuals and could not he construed into waging of war. He submitted his clients were all new comers, novices, who knew nothing of any conspiracy. He then dealt with the individual cases of Purna Chandra Sen, Narendra Buxi, Krishna Jihan Sanyal, Sachindra K. Sen, Hemendra Ghose, Naliny Gupta, Bejoy Nag, Birendra Nath Ghose, and Sishir Kumar Ghose.

Mr. J. N. Roy then discussed the case of Hrishikesh Kanzilal. He protested against the way the case was put by the Crown Counsel which made the task of the defence difficult. The Court looked like a fortress with the accused not in dock but in an iron cage. Of the 1500 documents put in many were irrelevant. Mr. Norton placed before the court the whole of the political and moral revolu­tion lately going on in Bengal and had challenged the new life that had sprung up with all its aspirations and manifestations. Everything that is grandest and noblest in the culture and manhood of the nation had been placed on trial. Are you strong P You are then a conspirator. Are you young? that absolutely proves that you are a conspirator. Are you religious? you must he a conspirator. Do you read the Geeta ? Do you study vedantism? Are you a genius P that is proof positive you are a conspirator. After dealing with the evidence against his client he concluded by saying" the eyes of whole Asia, if not the whole world have been upon us for months past. We have done our part and it now remains for you to do yours. You must have observed that in the history of individuals as in the history of nations there comes a time when the sense of judgment is obscured. It is for you to say whether you think that the mere thought of a far off revolution in the minds of half a dozen or dozen men can be accepted as waging war against the King. It is for you to say whether the overt acts

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in this case do constitute overt acts at all. You will remember the magnitude of the trial and your duty is to do justice. You are no politician and politics have no place in a court of justice. Because a man shows some of the beliefs, some of the hopes, some of the fears of a particular generation does that constitute evidence of association in a case of this character? Lastly, gentlemen, you have heard of the price that England has to pay for Empire. Well, I will say this that splendid as the Empire is, you will deem, the world will deem that Empire is nought if it is found wanting when weighed in the balance against justice."

Babu Bejoy Krishna Bose was requested to argue on behalf of Nikhileswar Roy Moulik in the absence of his pleader who had. fallen ill. He divided, the case into four parts viz, his alleged connection with the Jugantar ; his connection with the Chattra Vandar, his connection with the different places and the search of his house at Damrai, and his alleged connection with the conspiracy. He got 160 per month for printing the Jugantar in his press. Its office was elsewhere Chattra Vandar was a purely business concern. His client was not seen in any place of conspiracy nor was he named in any of the confessions. He concluded his address with the following words:― .

"And now gentlemen you have heard the last of the speeches on behalf of the defence. So far as this historic trial is concerned ―the first of its kind in India- what remain now is for you, gentlemen Assessors, to give your opinions and for, His Honour the Judge to deliver his judgment. I have the unique honour and opportunity, Sir, of appearing before you in two of the longest trials over which you have presided here in Alipur― perhaps the longest in your Honour's experience as a Judge in this country. In the other case―K. E. V. Habib and others―all the accused persons were acquitted by your Honour. I do not know neither can I anticipate what the result of this trial will be, but I have not the least doubt that justice will be vindicated. The task of finding out the really relevant pieces of evidence from the vast mass of irrelevant evidence put in in this case, is indeed harculean. Ridiculed by a reptile press, looked on with suspicion by the prying Police, hampered in our work by the want of facilities for proper instructions, weighed down with the enormity of accumulated prejudice―we have toiled on for months actuated only by the highest and the noblest motives which inspire the profession -holding aloft the glorious tradition for which the Bar stands ­to help justice and to vindicate innocence-cheered in our labours by the only redeeming feature in the case, the uniform courtesy we have received from the Bench. To think that all the 36 persons arraigned at the dock behind us, are guilty of a conspiracy to wage war against the King is outrageous. I have no doubt, Sir, that you will decide this case as an English Judge would do―for justice is

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the bulwark of the state. British rule in India is broad based upon the hearts and affections of the people, not because of its brave Army or invincible Navy―but on account of its strict and impartial administration of justice wherein lies its real strength. Long after the dust of controversy and racial feeling that have been raised over this unfortunate case will be forgotten and when history alone will remain to bear evidence to this strange episode and to write with its unerring hand on the tablet of Time its just and eternal verdict―the one fact which people will never forget and will cherish with pride and satisfaction will be that there was a British Judge who kept himself cool, whose judgment was not ,warped by prejudices and predilections, who held the scales even and did justice for the sake of justice."

The opinions of the two Assessors were as follows :―

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