The Alipore Bomb Trial

THIRTY-FOURTH DAY’S PROCEEDINGS 

     Mr. Norton continuing his address on behalf of the Crown said that at the last sitting of the Court he was dealing with the case of Sudhir Kumar Sircar and was discussing the postcards and he would repeat his remark that they were scurrilous post cards. The case for the Crown had always been, and still was, that the postcards and the other letters did go from Khulna and were written by Sudhir. But should it be that it was not so, and should it be that these two letters were in the handwriting of say Nibaran, then Counsel submitted that that fact, if true, made the case against Sudhir infinitely worse. There could be no doubt whatever that Sudhir had been proved to be up to the very hilt in this conspiracy.

     As regards Sil’s Lodge, Mr. Norton said that the names of the persons referred to in connection with Sil’s Lodge were Sudhir, Sailendra Kumar Ghose, C. V. Lelly, Prokash Chandra Bose, Upendra Nath Bose, Sailendra Nath Bose, Profulla Chaki and Ullaskar. These persons were identified by witnesses whom Counsel would mention later. In connection with Sil’s Lodge there were certain documents of very grave importance. These documents were Ex. 767 which brought in Abinash’s name and Ex. 768 which brought in 23 Scott’s Lane. Ex. 769-1 was a wrapper addressed to Prokash, dated the 18th March, 1908. Ex. 760-2 was also a wrapper addressed to Prokash, dated the 18^th March, 1908. Ex. 770 was an Indian national anthem on which was the - name of P. K. Chaki. Ex. 772 was a copy of the " Navasakti" newspaper, dated the 26^th March, 1908, containing the article " Rumours of India being independent," Ex. 773 was a copy of the "Bande Mataram" newspaper dated the .10th February, 1908 containing the article " Leakat Hossain ". Ex. 771 was a slip of paper containing a daily resume of work. Ex. 777 was a red label bearing the name of a certain firm of chemists. Ex. 1127 consisted of nine pieces of tin which had been submitted to the Chemical Examiner and with reference to which the Chemical Examiner said that these pieces of tin corresponded with pieces of tin found elsewhere and were materials to be used for the purpose of making bombs. Ex. 624 was an unopened bottle of ammonia of chloride which was found at 134:, Harrison Road. Mr. Norton was quite aware, that the Ending of these things was open to the comment that they were of very common design and might be bought by the public in the various chemists’ shops and also in the bazaar. That, however, did not affect his argument. The very fact that these things were so common and so easily available to the public was one of the very ingredients of this conspiracy. In the book on revolution which was one of the exhibits in this case it was stated that one of the things in which a revolutionary party

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should endeavour to succeed was to find out all the chemist’s shops and thereby avail themselves of the most common materials which were procurable in the market. It was a curious coincidence that in these three places, 15, Gopi Mohan Dutt’s Lane, 134, Harrison Road and Sil’s Lodge they should find these persons dealing with apparently the same chemists, and, Counsel submitted, obviously for the same purpose. As regards the geographical position of Sil’s Lodge it was isolated and difficult of access and hence it was selected for the home of the conspirators.

     Mr. Norton then read the whole of the documents relating to Sil’s Lodge and said that was the connection he sought to establish between Si1’s Lodge and the conspiracy through the documents. Counsel next read the evidence of the various witnesses who spoke of having seen the persons he had already named at Si1’s Lodge on various occasions. He submitted that the evidence was perfectly reliable. If it was intended to convict innocent men nothing would have been easier than for these witnesses to have positively identified these persons and no amount of cross—examination would have shaken their identification. Counsel next read the " monkey " letter and said that the facts contained in that letter curiously enough fitted in with the evidence of the witnesses which he had just read.

     Mr. Norton then said that the two postmen deposed to seeing Sudhir at Sil’s Lodge and one of them said he had spoken to Sudhir and that Sudhir had told him that he was going to Japan. That put the fact that Sudhir was at Si1’s Lodge beyond dispute. If Sudhir’s was not the hand which wrote the instructions on which the others acted the question was, who else could have written those instructions. The suggestion was that all these letters were written by the same hand. That was not the case for the Crown, but if their Lordships accepted the view that these various letters were written by the same hand then Barindra Kumar Ghose must have written them.

     Mr. Norton then went on to deal with the case of the two Sen brothers, Sushil and Biren, who were sons of Kailash Chandra Sen, Sub-Registrar of Baniachang, Sylhet. These two brothers were arrested on the 15^th May and they were sent down to Calcutta one the 18^th May. Exhibit 29 (1 to 3) was the search list. Ex.. 462 to 571 were the findings. During the search Kailash Chandra Sen was present throughout and he never raised any protest nor did he claim any property found there as being his. Counsel laid great stress upon this fact because the father was in Government ` service and was holding a responsible position.

     The Chief Justice: What is your case against these two brothers ?

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     Mr. Norton said that these two brothers were connected with the people in Calcutta who were running the conspiracy. They contributed their part to it by manufacturing explosives in Sylhet and selling seditious literature.

     The Chief Justice: For the purpose of that case do you intend to show that they took part in the proceedings down here ?

     Mr. Norton : There is no evidence that they did anything here. At the best or at the worst I can trace them to a place like the garden. That raises a grave suspicion against them. I connect them with the physical effort in the shape of contribution by the making of powder and carrying out the teachings of the " Yugantar"

     The Chief Justice : Then I take it that your case against them rests more upon what you discovered there ?

     Mr. Norton then dealt with the- case of Paresh Chandra Moulick, who was one of the fourteen who were arrested on the 2^nd May. He was also one of the persons referred to in Barindra’s confession. After reading the judgment of the Sessions Judge dealing with this portion of the case Mr. Norton went on to deal with the exhibits. In conclusion he said that the case against Paresh was a very strong one.

     Nirapada Roy was the next appellant whose case Mr. Norton dealt hvith. Nirapada was arrested on the 2^nd May at 15, Gopi Mohan Dutt’s Lane. The other inmate of the house was Kanai Lall Dutt, who was subsequently hanged for the murder of Norendra Nath Gossain, the approver. Krishnajiban in his confession implicated Nirapada.

     Mr. Norton then dealt with the exhibits in his case and read the evidence of the shadowing witnesses. Referring to the purchase of enamelled bowls and cups and some acids by the appellant from Messrs. D. Waldie and Company which was described by the defence as police concoction, Mr. Norton said it was very difficult to identify ordinary bowls and cups and although he was not in a position to produce the original receipts there was the evidence of the clerk from Messrs. D. Waldie and Company who spoke of the sale on that date and proved the counterfoils.

     After dealing with the exhibits, Mr. Norton referred to the various documents which implicated this appellant. Counsel had not concluded when the Court rose.

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