A narrative of the Alipore Bomb trial by the defence lawyer along with authentic reports & material related to the trial.
All these objections were overruled and Mr. Norton proceeded to open the case for the Crown which he did for 6 days and then called evidence.
P.W.1. Purna Chandra Biswas. Inspector, C.I.P.- Proved his complaint and the Government sanctions. While investigating Naraingarh train wrecking case got some clue. From 8th March 1908 was investigating in reference to the men concerned in this case. Employed men to watch movements of Aravinda, Barindra and others. Got reports from time to time. Getting information of Muzzafferpur murder on 1st May he drew up a list of the places frequented by these men and applied for search warrants to the Chief Presidency Magistrate. Having obtained them officers were deputed to search 32 Muraripukur Road (garden), 15 Gopi Mohan Dutta's Lane, 48 Grey Street, 134 Harrison Road, 38/4 Raja Navakisen Street, 23 Scott's Lane, 4 Harrison Road, 30/2 Harrison Road, Shibpur Engineering College.
Kept a station diary during the investigation under section 42 Police Act. Had also personal diaries. Made on record about the existence of this society. There is a confidential file where it was recorded. On 12th March came to know that the secret society was located in the garden. On 8th April suspected Hem Das as Barin came to see him. All arrests on 2nd May were
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under section 64 Cr. P. C. They were all produced before the Commissioner of Police. On the 4th 14 men were taken to Mr. Birley. Arvinda and 6 others were placed before Mr. Thornhill Chief Presidency Magistrate on 5th. Complained to Mr. Thornhill on 1st May and was examined on 30th,-complained against Arabinda's gang of outlaws. On 1st May the case was not under Chapter VI. I. P. Code but under sections 126 Railway Act and sections 302,109,114 and 307,109,114,143,150,157 I. P. C. From 14th April deputed officers to watch the houses. Recorded statements of some accused at detective office on 14th May before they were sent to the Magistrate. Barindra himself wrote the statement. Caused no enquiries to be made regarding the Judgantar, Narasakti, Sandhya, Bande Mataram, New India or the Chatra Bhandar.
P.W.2. Shama Charan Manna―planmaker. Proved plans of the different houses.
P.W.3. L. Birley.― Offg. District Magistrate. Alipur. He wrote to the Commissioner of Police and accused were sent to him. Proved the confessions recorded by him and his order sheets. Narendra Gossain was tendered pardon and examined as witness. He was shot dead in the Alipur Jail on 31st.August,1908.
He knew that accused made statements to Police before they were brought to him. Had seen those statements. Refused cross-examination by Sailen and Dindoyal and if others had applied he would have refused.
N.B. Application was made by the Crown to put in under sec.10 and 33 Evidence Act the deposition of the approver taken down by Mr. Birley. The Judge held the accused had no application. Sec.10 did not apply as the Sec. contemplated a statement made by a conspirator while in the position of a conspirator and could not apply to the case of a person who had been tendered pardon and examined as a witness. The deposition was hence shut out.
P.W.4. Jadunath Chakrabutly.―Peshkar of the District Magistrate. He recorded in Bengali the confessions of Bibhuti Sarkar and Narendra Bukshi.
P.W.5. Radha Roman Banerjea― Surveyor. Made survey plans showing Calcutta and the Suburbs.
P.W.6. Anantalal Bose.-Overseer, Maniktola. Holding 117 in Panchannagram Survey map is 32 Muraripukur Road.
P.W.7.E.A.L.Kemp.―Deputy Superintendent of Police, Sylhet.
On 15th May searched the house of Kailash Chandra Sen. Subregistar Beniachong. Sushil Sen, Hem Sen and Birendra Sen were arrested. During search Exhibits 463-571 were found, also
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777-779,1805. The important finds were a packet containing back powder, a note book of cyphers and instructions for making dynamite and bombs-Ex.479;Ex.491 contained hieroglyphics and instructions for making explosives, a picture of Aravinda, wooden guns with bamboo barrels, an air gun, bamboo daggers, spear-heads, bamboo swords, a money order receipt showing sending of Rs.8 to Barindra, bundle of letters.
P.W.8. Kamini Kanta Das.―Sub-Inspector, Habigunj, deposed as last witness.
P.W.9.Inspector J. L. Frizzoni―Searched the garden at 32 Muraripukur Road and arrested 14 accused on 2nd May. Dug up a big zinc box and a big tank. Found bombs, dynamite, cartridges, chemicals, all sorts of instruments, rifles, revolvers, shells, moulds, handbooks on explosives, notebooks, picric acid, plans, Jugantar and other newspapers, copies of Bartman Rananiti (modern art of war). Searched again on 6th, 7th, and 8th. The exhibits were marked by court as Ex.1-281,387-462, 864,1235-1240.
Detailed list of articles were made at Park Street Thana on 4th, 5th and 6th May. The garden had no wall-was accessible from outsides.
P.W.10. Shewprosad―Took photo of a dead body at Mokama Railway Station on 2nd May, said to have been the body of Dinesh Chandra.
P.W.11. Elliot Kaye, D.S.P. of Benares.― Searched the house of Subodh Chandra Mullik Benares. Found some papers Ex.1051-1058.
P.W.12. S. I. Satis Chandra Roy―Helped in the search of the garden on 2nd May. Was present at a meeting held in Federation Hall ground, to give a reception to Bepin Chandra Pal on coming out from prison. Sent a note Ex.102.
On the 4th made the detailed list at Park Street Thana. The search witnesses were―Wazir a caster's sirdar, the other two were hackney cariage owners.
P.W.13.N.R.Lee-Subdivisional Officer, Garbetta, B.N.R. Made a survey of the line between Bankura and Kharagpur, and made a Report Ex.93. Gave evidence about certain entries in the note books found during search corresponding with the features of the place and the railway bridges, culverts &c.
P.W.14.Satish Chandra Banerjea, Inspector, C.I.D.―Watched Howrah Station, 4 Harrison Road and 23 Scott's Lane from 24th March to 8th April. From which date watched 38/4 Raja Naba Kissen Street. Saw Barindra coming out of 38/4 and going into the garden. On the 10th April followed Barindra, Indu Bhusan Rai and Narendra Gossain to Mankundu Railway Station. They
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went towards Chandernagore, but mixed with a crowd and were lost sight of. Next morning saw Indu and Narendra take train at Chandernagore. Sarat Palit followed them to Sirampur. We searched for Barindra, could not find him, returned to Calcutta. On 20th April followed Upendra and Nirapada to 4 Harrison Road from the Garden. Krishnajiban was with them but he went away towards Bagmari. The two met and talked with Balkrishna H.Kane on the road. On the 21st April Nirapada and another came out from the garden, purchased chemicals from D. Waldie & Co. and went back to garden, purchased chemicals from D. Waldie & Co. and went back to garden. On 23rd April Barindra came out of the garden and went to 15 Gopimohan Dutt's Lane. Upendra, Bibhuti, Kane and 2/3 others entered the house also. On 24th Barindra went from garden to 23 Scott's Lane, where Arabinda was living then. Abinash and Sailen were often seen there. On 25th after talking with Upendra, Barindra went from garden to 15 G. M. Dutt's Lane and thence to Navasakti office, 48 Grey Street and thence to Hem at 38/4 Raja N. K. Street. On 26th Police hired a house opposite No 15 and he watched from there. Ullaskar Dutt came in a hackney coach No.494. Two steel or tin trunks and a canvas bag were brought out and he followed the carriage to 134 Harrison road. Dharani and Nagendra came out and took the boxes in. On 27th followed Ullaskar's father's quarters at Engineering College. Shibpur. Identifies various accused whom he had seen at the various houses.
Got no orders to show Arabinda―only to watch his house Did not know Ullaskar's name before his arrest. Kept no written note of what he had seen. Watched garden for six days only. There were occasions when he passed within a cubit of the accused. All his reports to superior officials were verbal.
P.W.15.H.C.Woodman.―District Magistrate Muzzafferpur. Heard sound of explosion on 30th April 1908. Found Mr. and Miss Kannedy wounded in Mr. Kingsford's house. Both died. Saw Khudiram Bose under arrest next day at the station. He made a statement there and again on 3rd May after seeing the dead body of Dineshchandra Roy. Khudiram was afterwards hanged.
P.W.16.Abdul Noor, Inspector―Assisted Mr. Kemp in searching the house of Sushil Sen at Beniachong.
P.W.17. S.I.A.H.M.Latifuddin―Assisted Mr. Kemp. in the search.
P.W.18.Richard Creagan―Superintendent of Police. Searched 48 Grey Street on 2nd May. Found Arabinda and his wife upstairs. Arrested Arabinda and in downstairs Sailendra and Abinash. A manuscript “Morality of Boycott”. Ex.283,letters,news-paper cuttings, accounts etc. were found being Ex.283-314. 1208-1209.
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1275-1280. One of the letters found was from Tilak and another from Barindra about “sweets” being kept ready for contingency. On 8th June searched the house of Debabrata Bose. His sister threw some letters tied in a bundle from the terrace. We got them. We got letters and books Ex.1855-1207. Arrested them all under Sec.54 C.R.P.C.
Applied for transfer of the prisoners form Presidency Magistrate's Court to the Alipur Court on 5th May-43 accused and 4 others. The things were not taken to the Park Street Thana. He brought exhibits before Mr. Birley in bundles. He handcuffed Arabinda. Am surprised to find numbers on the documents that don't correspond to any number on my list. The only document he read was the one about the “sweets”. Mr. Denham read it. They had a laugh over it.
P.W.19. J.P. Feeny, Deputy Commissioner of Police.― search No.15, Gopi Mohan Dutt's Lane on 2nd May. Arrested Nirapada Roy and Kanai Lal Dutt. Found Exhibits 373-386, 710-716, 1249-1251.
Inspector Madden brought the search-witness Edwards. There was only one witness. He came from Dacre's Lane.
P.W.20. C.F. Merriman, Superiatendent of Police.― Searched 38/4 Raja Nabakisen Street on 2nd May. Arrested Hem Chandra Das. Found Ex.320-372,717-734, 1132-1134. Arrested Provas Chandra De in June or July. He got an anonymous letter about an explosion in May at 37 College Street, the house of Lt. Col. Nandi. Went on 23rd June to search the house and arrested Indranath Nandy, found both his hands bandaged. Left hand was gone-only the stump was left. On search found revolvers, rifles, sword, papers, picture etc.Ex.1135-1182.
P.W.21 S. I. Sarat k. Ghose― Helped last witness in the searches. He did not know any of the search-witnesses or where they lived or their antecedents, kept the exhibits with him till 6th May arranging, sorting and marking them.
Made no enquiry about explosion in Indra Nundy's house. There is a druggist's shop very near. Learnt that Indra met with accident by an iron safe falling on his hand. Col. Nundy was a military officer and I.M.S. Did not see any sign of an explosion in the house. It was clean.
P.W.22.Griffith Bowen, Superintendent of Police.―Searched 134 Harrison Road on 2nd May. Arrested Nagendra. Dharani, Asoke and 2 others. Bombs, revolvers, rifles, detonators, catridges, chemicals &c. were found in 3 tin boxes and one cane baskets and a canvas bag, Ex.572-709.
P.W.23. Major J.A. Black, I.M.S.
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I have been attached to the Chemical Department nearly 5 ½ years, I am responsible for the Government testing of explosives. On the 10th December 1907 certain articles were brought to me for chemical examination by Major Musprat Williams and Captain Turner. Major Williams is Chief Inspector of Explosives in India and Captain Turner, Inspector of Explosives. The things given to me were scrapings from a rail, taken at the spot where an attempt was said to have been made to derail the Lieutenant-Governor's train. I detected traces of picric acid. The chemical tests for picric acid are quite clear and unmistakeable. The two larger fragments consisted of iron and the 3 smaller of lead. The chemical name of picric acid is trinitrophenol. Phenol is carbolic acid, and picric acid is a derivative of phenol. It is usually prepared from phenol by the action of sulphuric and nitric acids on phenol. The result of action is a deposit of large crystals: they are crystals of picric acid. The crystals are purified by washing with water, and recrystallisation. The crystals are shining yellow crystals. They have a little taste and are poisonous. They melt at 122.5 centigrade. If heated carefully the crystals melt and vaporise: if heated rapidly they explode. They are slightly soluble in cold water : more soluble in hot water and readily soluble in certain reagents such as alcohol, ether and benzine. With careful handling there is no great danger in preparing picric acid but it requires careful handling. The crystals requires careful handling after made. Lyddite used in shells is fused picric acid. Melinite also contains fused picric acid. Picric acid can be detonated by a detonator such as fulminate of mercury. The fused acid can be detonated by means of the crystalline picric acid. Potassium picrate and ammonium picrate are salts of picric acid: they are both explosives.
On 2nd May I went to 32, Muraripukur Road, the Manicktola garden. I went with Mr. Plowden and Mr. Corbett. This (Ex.738) was found in my presence at the garden. It was dug up from underground: it was taken out of a receptacle. It was given to me a few days afterwards by Mr. Denham or Mr. Corbett. I have read it carefully. It contains well thought out and valuable information about explosives.
On 20th January Mr. Haytor Duff brought me 2 pieces of metal and a piece of flattened lead piping about 4” long. The 2 pieces of metal consisted of wrought iron. This (975) is the piece of lead piping. The (975) when round could have been used as a conduit pipe for detonating an explosive. If one end of it were fixed in a mine and the other end passed over a rail, if fitted with a detonator it could have exploded the mine, on pressure by a train passing over it: if some explosive material were run through the pipe.
On April 29th I received certain articles as from Chandernagore
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There was a wooden box, given to me by Adjutant Dhurba Dass. This ( shown ) is the box. In it I found a tin case. This is it (shown). The handle was then attached to it. I examined the contents. I found the case filled with fused picric acid. In the mass of the picric acid was a small quantity of dark powder; it was a mixture of sulphide of lead, chlorate of potash, nitrate of potash and traces of picric acid. There was an opening at one side of the tin corresponding with a depression in the fused picric acid. I also found a small paper-tube, containing a cylindrical roll of charred paper. In the roll was a small quantity of dark powder. I examined it: it contained sulphide of lead, chlorate of potash, nitrate of potash and traces of picric acid. I considered the powder was intended to be used as a detonator: it is a powder readily ingnited by friction or percussion. Here it is (1044/2). I subsequently experimented with some detonating powder said to have been found at 134, Harrison Road. I examined the ingredients. They were chlorate of potash, nitrate of potash, and sulphide of lead, and amorphus phosphorous which is also known as red phosphorous: no picric acid: the picric acid in the former case was evidently from the bomb. The presence of phosphorous makes the detonating powder liable to ignite on slight friction or percussion. In detonating mixtures sulphide of antimony is usually used, not sulphide of lead. This (Ex,738) contains a large number of formulae for chlorate mixtures. Nitrate of potassium is the same as nitre. It is an oxidising agent. It is one of the ingredients of ordinary black gunpowder. The book (738) contains recipes for nitrate mixtures. Red phosphorous is a highly inflammable substance.
On May 2nd I saw a man known as Barendra Kumar Ghose. In my presence he pointed out to the police various spots which were dug up. Things were found. I saw them unearthed. There were a few rifles, a number of revolvers, ammunition, dynamite- about /4 of a bucket – gelignite, strong acids, picric acid and other chemicals, bomb shells. I know a book called Sanford's Nitro Explosives. It is one of the standard works Sanford's Nitro Explosives. It is one of the standard works on the subject. There were a number of plans: of places. They were MS. plans. (Shown Ex. XL 1-15) I believe these were they. They were unearthed. So far as I remember 3 or 4 copies of this (Ex. XXVIII) were unearthed. The books contain instructions as to the destruction of railway and bridges by explosives and give formulae for calculating the requisite amount to explosives. I examined a small workshop in the garden. It was constructed of bamboos and matting. There were 2 fireplaces, one fitted with bellows. There were ashes in the fireplaces and a box of matches lying half empty quite close. (Shown Ex.55) I believe it to be the workshop. (XLII shown.)
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That is the case of bellow that I saw. On 5th May I visited Park Street Station with Major Smallwood, Officiating Chief Inspector of Explosives, in connection with things found at the garden and Harrison Road. We unloaded a number of bombs. A certain number of them were live bombs; we had to unload them under water. It was more dangerous than any one but ourselves realised. They contained explosives, some of them. Internally some of them contained the mould in which they had been cast. They varied in size considerably. In my opinion the larger bombs were intended for street fighting or some such purpose and the smaller of assassination. The danger areas would differentiate between the two. (Shown Ex.610.) We dealt with this on the 5th. It is an iron screw bomb. It contained picric acid and a number of iron spikes with pointed ends. These are the spikes (shows). The danger zone would be at least 30 or 40 yards and probably more if portions of the shell or spikes were carried as they probably would be. I mean a radius of 30 or 40 yards and probably more. (Shown Ex36.) I remember this: we partially unloaded it. We thought we had taken enough to make it harmless: we found later that it was far from harmless. We unloaded 9 shells I think the first day. We destroyed a certain amount of dynamite and a small quantity of picric acid which we considered to be in a dangerous condition, on the same day.
On 9th May I received 2 bottles, these are they (739,740). They contained a portion of the contents of 2 bombs emptied By Major Smallwood and we on the 5th under water. We put the contents in the bottles on the 5th. I analysed the contents of both. They consisted of sand, charcoal and borax. They were evidently the moulds on which the bomb shells had been cast.
On May 18th I received certain things said to have come from the garden. Among them was this (387). The balls corresponded with the small home-made shells that we unloaded. (Shown 390.) At one end I saw a mass of molten metal, it consisted of copper, tin, iron, and borax. It was probably used to stir a crucible containing molten metals. This (391) is a chatty containing pitch. I believe there are some explosives which contain pitch. (Shown Ex.392.) One contained a little earth, oil and resin: and the other , earth, oil, resin and a little sugar. The mixture was probably used for making moulds: sugar is a constituent of some explosives. This (Ex.429) contains portions of a bomb, some metallic fragments of copper, zinc, tin and iron, a large piece of borax, a piece of chalk, a few small fragments of sealing wax and portions of the paper Bande Mataram dated 13th July 1907 and a partially fused mass of metal.
On May 12th I received certain articles said to have been found at 15, Gopi Mohan Dutt's Lane. I examined them chemically.
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This (710) contained spirits of wine methylated with cacutchonodrine. Cacutchonodrine is used for methylating purposes on account of its unpleasant odour. It is inflammable and would increase the inflammability of substances. This (712) is powdered resin. From 713,714,715: I formed opinion that they were the debris left over if the operation of shell making were suddenly interrupted. They would reveal the same symptoms if the plant had suddenly been removed to another spot. On 14th May I was put in possession of articles said to have been found at 38/4, Raja Naba Kishen's Street. They contained nothing of the nature of an explosive.
On 27th May I received articles alleged to have been found at 134, Harrison Road. These (Magistrate's) 613/1-3 are 3 partly filled bottles of picric acid: labelled D. Waldie and Co. These (618/1-5) are 5 bottles of carbolic acid. These (619/1-2) are one full and one partly full bottle of glycerine. This (629)is bottle of caustic soda. If used with ammonium chloride, ammonia gas is generated. Ammonia gas is used in the manufacture of ammo-generated. Ammonia gas is used in the manufacture of ammonium picrate. This (621) is a bottle of caustic potash: the properties are similar to those of caustic soda. This (6y22/1-2) are 2 bottles of nitrate of potash: an ingredient of ordinary black gunpowder. This (624/6-2) are 2 bottles of ammonium chloride. I see lables on (622 and 624), C. J. Hewlett and Sons. This (Ex.625) contains a rod or amorphous phosphorous. This (654) is a paper with a yellow stain on it. A portion was given to me for analysis: the stains consist of picric acid. This (655) consists of 5 packets containing powder. I analysed them.
On 8th June received some articles said to have come from Sylhet: Among them was this (735). It contained a small wooden box, which contained a considerable quantity of powdered sulphide of lead; 2 small glass ink bottles containing sulphide of lead; 49 small iron rivets and 61 small pieces of iron punched out in riveting. The rivets and pieces of iron might be used as projectiles in bombs; a few French nails of iron; 10 balls of naphthaline; the iron-head of a hammer, and a small screw-driver; a small brass padlock; a few fragments of sulphur. Sulphur is combined with lead to form sulphide of lead; a few crystals of bichromate of potash, that enters into the composition of certain explosives; a few crystals of sulphate of copper; a round ball of wax, about the size of a cricket-ball- it might be used as a mould; a few pieces of bees-wax, sealing-wax, chalk, flint and India-rubber. This (736) was a powder, consisting of sulphide of lead, sulphur and pounded chillies. These would not be an explosive mixture. With the addition of chlorate of potash alone, or in conjunction with amorphous phosphorus, these might be converted into an explosive substance. (Shown Ex,479). It
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was not sent with these exhibits: I saw it subsequently. I see a mixture, described as a bomb: it contains chlorate of potash, antimony sulphide, sulphur, red pepper, and amorphous phosphorus, nitroglycerine or water, proportionately. We have antimony sulphide in this formula, while in (736), we have lead sulphide: in other cases a similar substitution was made. We have sulphur in both and red pepper in both. Chlorate of potash and amorphous phosphorous could be added subsequently to the powder (479) to make an explosive: it would be the natural thing to do, because the ingredients in the other make them explosives. For storage purposes, it would be safer to keep the latter ingredients till wanted.
I have a report of 15th June, regarding articles received on 13th June from Inspector Radha Govinda Kundu, said to have come from Sil's Lodge. They were 8 pieces of tin, shot-iron and a piece of zinc. They are in thin packet (Magistrate's No. 1127). Tin and zinc are used in the manufacture of bomb-shells. I saw similar fragments produced from the Maniktola garden. (Shown Ex.384). It contains 3 formulae for preparing fulminate of mercury, picric acid and nitroglycerine. So far as I can see, the formulae are chemically correct, and would produce those substances. (Shown Ex.479). (Looks at formulae). I can't attribute these formulae to anything but the preparations of high explosives. I have heard of a stuff called “Forcite”. It is an explosive. (Shown Ex.491). (Looks at passage headed “Litho-fracture”). I can't attribute these to the manufacture of anything but high explosives. (Shown Ex.504). Of the things in the list, the first 4 are used for preparation of explosives: strontium is used chiefly for coloured lights: the other item suggests to me rather the making matches. The first 4 items are used for making fire-works or matches. (Shown Ex.384, entry on 4th sheet). (Shown 677, 3 rd page of writing). It is evidently a formula for mould-making; for preparation of bombs or shells. The oil mentioned is castor-oil. (Shown Magistrate's No. 1210, 12th and 13th sheets). The first is the formula for a detonating mixture, sulphate is probably a mistake for sulphide. The next is also a detonating mixture. The next are the substances required for making fulminate of mercury. The next is labbelled “Abel's fuse.” i.e., a fuse for conducting a flame: I don't know this formula. The ordinary method of explosion by means of electricity is by means of a platinum-wire heated to redness by electric currents, All the above would be available for explosion for shells and bombs. Abel- is an English expert on explosives.
I gave evidence in the High Court case and saw a collection of arms and ammunition there. Taking all the articles that I have
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seen from all the places I should take the cost to be from 5,000 to 6,000. I consider there are indication in the art of manufacturing explosives.
P. W..24.Insp.W.K.D.Hamilton―Assisted Mr. Brwen in the search of No.134 Harrison Road.
P.W.25.Upendra Nath Majumdar.―Present and witnessed the search at N.15 Gopimohun Dutt's Lane.
P.W.26. Inspector Kedareswar Chakrabuty― On 5th May searched the house of Narendranath Gossain at Serampur and arrested him. Found Ex.781-790 and 800-802. On 10th May arrested Hrishikesh Kanjilal at his house at Serampur. Found Ex.192-199.
I took the Exhibits and accused Hrishikesh to Ramsodoy's house, Amherst Street. He showed a desire to confess on the way, and we took it down at night. Next day he took us to Goabagan and Bhowanipur. Nothing important found.
P.W.27.S.I.A.Azzanon―Chandpur. I searched the workshop of Surendra and Satish Ganguly. Found Ex.111/-4 and 223.
P.W.28.Inspector M. J. Lyons.-Searched the house of Bijoy Bhuttachaya 10/1 Rani Sankary's Lane, Bhowanipur on 1st and 2nd July and arrested Bejoy. Found Ex.1210-1219, 1226, 1230, 1231 and 1233.
Bijoy was then at school when I went to search on 1st July. The formulae for explosives was in Ex.1210. I did not initial the entry nor entered it in my list. On the 2nd July I searched the whole house. We found incriminating paper, and arrested Bijoy.
P.W.29.S.I.Kedarnath Bhattacharya―Searched the house of Kunjala Shah at Kustia on 28th May. Found Ex.897-904.
P.W.30. Inspector Lalmohan Guho.— In December 1907 was enquiring into the Naraingarh Train wrecking case. I found there newspapers in a burrow pit, also piping Ex.975. 1010-12, 1028-1021. Searched the house of Satteyendranath Bose in Midnapur on 3rd May 1908. Found gun, kukris, and lathis. He was prosecuted under the Arms Act and sentenced to two months. He has since been hanged for murder of the approver. Found also Ex.1022-1029, 1031-1041.
P.W.31. Douglas Mac Dowall, Serjeant, Ry. Police.―I took the piping Ex.975 to Major Black.
P.W.32. Inspector Braja Rakhal Sanyal.―Searched the house of Indra Bhusan Roy on 23rd May in Khulna, found Ex.747, 750-755.
P.W.33. Ramesh Chandra Choudhry.― Keeper of a press. Sells books and pictures, knew Sateyndra Bose and Provas Dev alias
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Manik Lal and sent them books and pictures. Provas asked him to print Ex.1129. Hem Das came to Calcutta to learn to make matches.
P.W.34. Kaminimohan Bhattacharya― There was a riot in Jamalpur in April 1907. A Mohomedan was killed. Four Calcutta volunteers including Indra Nandy and Sishir Ghose were arrested on 27th April. Some Hindu idols were outraged and Hindus alleged they were oppressed by Mahomedans. Police did not take sides with Mahomedans. I don't know if volunteers went with with Babus Krishna Kumar Mittr and Surendranath Banerjea to attend conferences at Maimensingh. Volunteers did not act in opposition to the local authorities.
P.W.35. Inspector P. C. Lahiry. It is part of my official duty to make myself acquainted with declarations under the Press Act XXV of 1876. Declarations are made in triplicate: one goes to the police, one to the High Court and one to the Presidency Magistrate. I have made myself conversant with the declarations of Sandhya, Jugantar, Bande Mataram and Navasakti. This (979) is the first declaration about the Sandhya. Brahma Bandhab Upadhya alias Bhowani Charan Banerji declared himself printer and publisher of the Sandhya, as printed at 193, Cornwallis Street and Published at 20.Cornwallis Street. On 19th February 1907, Hari Charan Dass declared himself printer and publisher at 193, Cornwallis Street (980). On 9th July he made a declaration of printing and publishing at 53, Corporation Street, this is the declaration (981). This (982) is a declaration by the same man as printer and publisher at 23, Sib Narain Dass' Lane, on 15th July 1907. On 26th October he declared himself to have ceased to be printer and publisher (marked Ex.986). On 28th October 1907 Manabindra Nath Chatterji declared himself to the printer and publisher at 23, Sib Narain Dass' Lane (Ex.985). The next declaration was on 20th February 1908, by Jogendra Nath Sen, as printer and publisher (Ex.988). On 30th June 1908, Jogendra Nath Sen alias Lall Bihari Sen, declared himself printer and publisher at 48/1/9, Corporation Street.I know a newspaper called Karali. It was the bi-weekly edition of the Sandhya. This (Ex.1402) is a declaration about it of 22nd November 1907 by Manabindra Nath Chatterji, as printer and publisher at 23, Sib Narain Dass' Lane.
This (907) is the first declaration of the Jugantar, by Bhupendra Nath Dutt. The next (909) was by him on 29th May 1906, at 27, Kanai Lall Dhar's Lane. The next (911) was by him as printer and publisher at 41, Champatola 1st Lane. The next (913) was a declaration by Harish Chander Ghose, as printer and publisher, at the same place. The next was by him on
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9th July 1907, for printing at 28/1, Mirzapur Street (Marked Ex.915). The next was on 30th July 1907, by Basanta Kumar Bhattacharji (marked 934). Then there was a declaration of cessation on 5th October 1907, by Basanta *marked 936). The next was a declaration by Baikanta Chander Acharjya, as publisher at 28/1, Mirzapur Street (marked 937). The next was on 28th January 1908, by Bibhuti Bhusan Rai, at 5, Ram Dhan Mitter's Lane (Ex.939). On 19th February he declared his cessation as printer and publisher (marked Ex.940). I know Phanindra Nath Mitter. He declared himself printer and publisher in March 1908. Phanindra Nath Mitter was convicted both in the Magistrate's Court and again in another case in the High Court. The place of printing and publishing was 68, Maniktola. After his conviction I do not think there was a subsequent declaration. I know a man called Birendra Nath Banerji, who declared himself as printer after Phanindra's arrest, at 3, Ram Mohan Shaha's Lane.
The first declaration for the Bande Mataram was by Khettra Mohan Singh on 6th August 1906 (Ex.944). The next was by Amar Prasad Mukherji, at 193, Cornwallis Street (Ex.945). After that it became a company. The next declaration was by the same man, at 2/1, Creek Row, on 22nd October 1906 (Ex.946). This (948) is the next by Purna Chandra Sarkar. This (949) is by Ram Chandra Banerji. After that Apurba Krishna Bose declared himself as printer and publisher on 11th April 1907, at 2/1, Creek Row (950/c). On 20th September 1907, Apurba made a declaration of cessation (51). After him Bistu Pada Sen made a declaration as printer and publisher at 2/1. A case is now pending against him.
This (942/d) is a declaration for the Navasakti by Manmohan Ghose on 20th May 1907, at 48, Grey Street. This (943) is a declaration by Bihari Lall Ray for the same place.
know a press called the Keshab Printing Works. This (1405) is a declaration by Keshab Chandra Sen Gupta, on 25th March 1904, as having printing works at 7, Sainti Ghose's Lane. This (1403) is a declaration for the Kamala Press, by Bisseswar Prassanna Sen, at 36, Bananali Sarkar's Street, on 13th February 1906. This (984) is a declaration by Surendra Nath Sinha for a press at 23, Sib Narain Dass's Lane, for a press formerly known as Saraswati Press, dated 6th September 1907. These (Exs.908,910, 912,914) are declarations for the Sadhana Printing Works. This (Ex.935) is a declaration for the Sumati Printing Works: this (Ex.1401) is another for the same press. This (947) is the only declaration for the Bande Mataram Press. I know a press called the Classic Press.
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It was first situated at 53, Corporation Street, and was then removed to 49/3, Corporation Street-(then says) 48/1/9. It is there now.
Bhupendra Nath Dutt was prosecuted under section 124A, I. P. C., and convicted. The prosecution was in consequence of a search by me. To arrest him I went to 176/3, Bow Bazar Street, in July 1907: in the first week in July, There I saw Abinash, Sailendra Nath Bose, Barendra Kumar Ghose and Sudhir of the present accused. (Identifies them.) At that time I did not know Barendra by name. I know Sailendra and Abinash by name before, and Sudhir gave me his name there. I did not ascertain Barendra's name that day. I did not find Bhupendra that day. I arrested him next day at 41. Champatola 1st Lane. When I arrested Bhupendra, Abinash, Upendra, Bibhuti and Sailendra, of the present accused were there. (Identifies them.) Bhupendra was convicted on 24th July 1907, and sentenced to one year's rigorous imprisonment (record marked 928). Upen, Abinash and Sailendra attended the trial frequently, Upen and Abinash daily. The Magistrate ordered confiscation to the press. Abinash applied to the High Court and the confiscation was set aside. The next prosecution of the Jugantar was against Abinash Chandra Bhattacharji and Basant Kumar Bhattacharji, under section 124A. Basanta was convicted by Mr. Kingsford and sentenced to 2 years and a fine of Rs. 1,000, and in default 6 months, on 2nd September 1907, and Abinash was acquitted (record marked 933). The next case was against Baikanta Nath Acharjya. The complaint was on 23rd December 1907. On 16th January he was convicted by Mr. Kingsford and sentenced to 2 years and a fine of Rs. 1,000, in default 6 months under section 124A (record marked 938). There was a complaint against Phanindra Nath Mitter on 11th April last, and he was convicted on 26th May by Mr. Thornhill and sentenced to one year and 11 months and a fine of Rs.1,000, in default 6 months (record marked 941). During the trial Phanindra was on bail. Nikhileswar Rai, the present accused, stood surely for him (identifies him). Phanindra was again prosecuted on a similar charge with reference to an article appearing in the Jugantar, while he was on bail. He was sentenced at the High Court Sessions to 4 years: in the August Sessions. Birendra was also convicted under section 124A, by Mr. Thornhill. I do not know what his sentence was. Since then there has been no declared printer or publisher.
In August 1907, Hari Charan Das, Brahma Bandhab Upadhya and Saroda Charan Sen of the Sandhya were prosecuted under section 124A. Saroda was manager. Brahma Bandhab died in hospital: the other 2 tendered and apology and the case was withdrawn. This was in October 1907. Manabindra Nath Chatterji
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was convicted on 19th February 1908, section 124A, by Mr. Kingsford, and sentenced to 2 years, and a fine of Rs.1,000 or 6 months in default (record marked 987).
On 20th July 1907 a complaint was lodged against Aranbinda as Editor, Hemendra Prosad Bagchi as manager, and Apurba Kumar Bose as printer and publisher. Arabinda and Hemendra were acquitted. Apurba was convicted on 23rd September 1907, and sentenced to 3 months' rigorous imprisonment (record marked Ex.950). Apurba appealed unsuccessfully. Bistu Pada Sen was also prosecuted. The case is still pending, the main is ill.
Manomohan Ghose of the Navasakti was prosecuted on the 14th January 1908, and convicted on 19th February 1908, and sentenced to 6 months and a fine of Rs.1,000 in default 4 months (record marked 942).
I know Keshab Chandra Gupta, Srimanta Lall Rai Chaudhuri, Basudeb Bhattacharji. Keshab was proprietor of a press called Keshab Printing Works at 7, Saintiram Ghose's Lane, Srimanta Lall was printer of the press: Basudeb was Sub-editor of Sandhya and author of the pamphlet Sonar Bangla. They were prosecuted under the Press Act in connection with 3 matters, printing and publishing without declaration, the pamphlet Sonar Bangla, Sandhya and Jugantar. There were 2 prosecutions: one in which Basudeb was convicted and the one in which the others were tried. (Record of Keshab's case marked 926). There were three charges and he was fined Rs.450(1). (Record of Basudeb and Srimanta marked 927) Basudeb was fined Rs.200 in default 4 months and Srimanta Rs.15 in default one month. They were not tried together. Srimanta was convicted on 3rd July and Basudeb on 13th July. I remember a Government notification to editors warning them against writing seditious articles. I know the notification was sent to the papers Sandhya, Navasakti, Bande Mataram and Jugantar.
I made a number of searches. In June 1907 I searched the Keshab Printing Works. When newspapers come into existence it is part of my business to enquire who are responsible for them. I did this in the case of the Jugantar. I had an interview with Bhupendra Nath Dutt early in 1907, at 27, Kanhai Lall Dhar's Lane. Abinash was present at the time. Harish Chandra Ghose and many students and boys were also present. I asked Bhupendra who were the responsible people for the Jugantar, editor, printer and publisher, and proprietor. He said “I am everything.” Abinash was sitting there and took no exception to the statement. The search in June 1907 was at 7, Santi Ram Ghose's Lane, in connection with the pamphlet Sonar Bangla. I had a search-warrant from the Chief Presidency Magistrate. I had witnesses and made a search-list. The witnesses were present at the search. I
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saw Keshab Chander at the time of the search. Dindoyal Bose was present at the search. (Identifies him) I found some printed impressions of the Jugantar and Navasakti; and type set up ready for printing the Jugantar. Percy took an imprint of the type that was set up, in my presence. I also found copies of the Jugantar of 6th June. The impression by Percy and other things taken possession of were signed by Dindoyal Bose as witness. This is Dindoyal's signature. (Shown on paper in 926/c ). It is a proof of the Sonar Bangla. These papers are proofs of the Sonar Bangla that we found at the search. I found his counterfoil book there, containing counterfoil for 1,000 copies of Sonar Bangla, signed by “Basudeb Bhattacharji, assistant editor, Sandhya, 193, Cornwallis Street”.- 926/d.
On 1st July 1907 I searched 41, Champatola 1st Lane: Mr.Ellis, Superintendent of Police, was with me. I found Bhupendra Nath Dutt, Abinash Chandra Bhattacharji and Sailendra Kumar Bose there. Sailendra was sub-manager of the Jugantar, Bibhuti Bhusan Sarkar and Sudhir Kumar Sarkar were there; afterwards Upendra Nath Banerji came. When I was examined by Mr. Birley I did not know Bibhuti and Sudhir by name, I pointed them out: I had a conversation with Bhupendra. At that time Sailen and Abinash were present. I asked them what they were as regards Jugantar. Bhupendra said he was editor and Abinash was manager and Sailendra was sub-manager. Abinash did not say anything: he did not contradict. Sailendra said he was sub-manager of the Jugantar. There was a press then downstairs. I made a search. I found a proof sheet of the Bartaman Rananiti and the manuscript of it. This is the M'S.(Ex.929). This (930) is the proof of it. I found some proof sheet of the Mukti Kon Patthe. (Ex,931.) I found this account book (932). It contains the names of Abinash, Sailendra and Bibhuti.. These (929,930) came out of the bundle-also this (931). At the same search I also found this (1271( and this (1271) and this (1273) account book of Mukti Kon Pathe. This (1273) is initialled by me. The others (1271 & 1272) are not (sees 933/c). The two (books 1271 and 1272) bear the search-list number.
On 30th July 1907, I searched 2-1, Creek Row. This (959c) is the search-list. It was signed by me, Ellis, Merriman and search-witnesses. At the search I found Hemendra Prosad Bagchi, Sailendra Kumar Ghose, Upendra Nath Banerji, Shamsundar Chakrabarti, and Binoy Babu and many others. Upendra is the accused whom I identified yesterday. Sailendra was managing director of the Bande Mataram. Printers' Limited: he was at one time in the Home Civil Service. Sham Sundar was one of the editors of the Bande Mataram. Sham Sundar has a brother, Girja Sundar. Girja Sundar was at that time a canvasser for subscribers;
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he is now manager, and is at this time appealing to the High Court against the confiscation of the press.
In August 1907, I searched 28/1, Mirzapur Street, on 7th August, Mr. Ellis and Inspector Percy were with me. I found the accused Sailendra there. On that day there had been a boycott meeting in College Square, to celebrate the aniversary of the boycott. A procession passed going towards College Square, while I was in 28/1 Mirzapur Street. Sailen called to them. They stopped. Percy told them to move on, they refused and one of the men Jotish Chander Ray, assisted by Sailendra, assaulted Percy. Sailendra was prosecuted and got 3 months from Mr. Kingsford. On account of the maramari, the search-witnesses ran away, it was not even properly signed and could not have been properly written. On the same day I searched Press, the Sandhya office and the Jugantar was being printed there. With me were Aldridge, Ellis, Elliot, Faria, Percy and others. We searched that before 29/1, Mirzapur Street. At No.23, I found Saroda Charan Sen, manager of the Sandhya, Birendra Kumar Ray, the sub-manager. None of the present accused were there.
On 24th December 1907, I searched 5, Ram Dhan Mitter's Lane, in connection with the case against Baikanta Nath Acherjee in connection with the Jugantar. I made a search list. I found Bibhuti Bhusan Rai there. He is not one of the accused. It is the man who on January 28th, 1908, declared himself printer and publisher of the Jugantar. I found 13 proof sheets of articles (938/d). Also this book of addresses of subscribers (938/c). Also these (938/g) proofs of addresses, and this (938/f) also this (994), an account of books sold. In the book I found a money order coupon (marked 994/1). I found a slip purporting to be the account of Nikhileswar Ray Mallick 9-12-07 (995). I found this (996) list of names and addresses there.
On 16th January 1908 I searched 48, Grey Street, the Navasakti office: Ellis, Gupta,Percy were with me. It was in connection with Manamohan Ghose's case. This is the search list (942/c). Manaranjan Guha was living there at the time. He has mica mines and was proprietor of the Navasakti. He has sons, Satyaranjan, Chittaranjan and another. Chittaranjan declared himself proprietor of the Navasakti Press. I found Manamohan Ghose there, also Joti Lall Mukherji, one of the editorial staff, and Debabrata Bose, the accused (identifies him). Probhash Chunder Deb was also present (identifies him).
I saw Probhash Deb at the search of 23, sib Narain Dass' Lane. I saw him on two occasions in connection with the 2 searches: August 1907 and January 1908. The Ardhodays Joge was in the beginning of February this year. When I searched the office in
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January he was enlisting volunteers for the Ardhodaya Mela. At the search in August 1907 he was sitting with Leakat Hossain and some boys from Barisal. On that day the Jugantar was being printed when I went there. When I searched in January it was not being printed there. On that occasion Probhash had some burns on his fingers and cheek. His hands were not bandaged.
I searched 68, Maniktola Street in connection with Phanindra Nath's case, on 11th April. I saw Probhash there and Nikhileswar; I think I saw Bibhuti Bhushan Ray, not the accused. Nikhileswar is the accused. I got information from Nikhileswar about the press. He told me he had bought the Sadhana Press from Abinash for 1,400 and had changed the name to Sumati Printing Works. This is my search list (941/c). The Sumati press was in the place I was searching.
On 10th May I went to 2-1 Creek Row, the Bande Mataram office, With me were Merriman, Percy and other officers. I searched there. I made a search list, it is filed in the case of Bistu Pada Sen. The Anusilan Samiti is a society at 49, Cornwallis street; a political society. I found this (Ex.1067) at 2-1 Creek Row.
2-1, Creek Row belongs to Subodh Chandra Mullik. It is just behind his house, 12, Wellington Square. It is a lane and is on the other side of it. There is a blind lane running at the back and after 2 or 3 huts in No.2-1, Creek Row. The lane is on the north of No.12:No. 2-1 would be to the North-east. I know Bande Mataram became a joint stock company in October 1906. Arabinda Ghose was a shareholder and director, and Chairman at the 1st Annual Meeting. The registered office of the company is 2-1, Creek Row.
The printers' declaration that I put in yesterday will show when the paper Bande Mataram started. Syam Sundar Chakrabarti joined in September or October 1906, I used to see him. His brother Girija subsequently became connected with it. I know Kartik Chandra Nan. He owned Saraswat Press at 193, Cornwallis Street. He made a declaration on 24th November 1905. (Declaration marked Ex.1441.) The first declaration of the Classic Press was in 1902 or 1903. This is the declaration of transfer from 55, Corporation Street to 48-1-9, Corporation street (marked Ex.1442).
This is the declaration of Kartik Chandra Nan for Saraswati Press (Ex.1441). This is the declaration of Nikunja Lall Dutt for the same press (Ex.1443). This is a declaration of Bistu Pada Sen for the Bande Mataram Paper (1444). After Phanindra Nath, Birendra Nath Banerji made a declaration on 21st May 1908 as printer and publisher of the Jugantar (1445). This is the
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declaration of Phanindra Nath Mitter for the Jugantar (1446). In the beginning of April the Sumati Works was transferred to 68, Maniktola Street, and that is why I searched No.68 in Phanindra's case.
I searched the house of Tara Nath Rai Chaudhuri at 4, Raja's lane on 19th May. I searched his house in consequence of information. At that time he was manager of the Jugantar. A warrant is out against him and he is proclaimed as an absconding offender, under the Arms Act. In that search I found a loaded revolver, 5 cartridges in a pouch, two 6-chambered revolvers, a dagger marked A.I.K.K., a kukri, two other daggers, a tin box with 25 cartridges, 4 boxes of 22 cartridges, 2 boxes of cartridges, and other cartridges, revolver and rifle, and shot cartridges, in all some 1,280 cartridges as detailed in the search list, and implements, a railway carriage key, a wood cutter (marked 1447 in one lot). Tara Nath comes from Lamchar in Noakhali District.
On 23rd June 1908 I searched 68, Maniktola Street on the occasion when we arrested Nikhileswar in this case. I had search-witnesses and police officers, Mr. Creagan, Inspector Mullick and other officers. This is the search-list (Ex.117). It was written by Mullick and signed by me. I found accused Nikhileswar there. Probhash, the accused, was also there. I found things and entered them in the search-list.
At searches of Jugantar after its removal of Maniktola Street I found Probhash and Nikhileswar present on both occasions. I searched the Sandhya 3 times. I found Probhash there twice.
The signboard at 75, Cornwallis Street of the Jugantar had the Jugantar crest and the words Jugantar Karjalaya.
Jogendra Nath Sen who declared himself printer and publisher of the Sandhya was prosecuted for giving a false name. He put in a fresh declaration giving his name as Lall Bihari Sen and was warned and discharged.
The Sandhya is now being printed at 48-1-9, Corporation Street, at the Classic Press.
I, remember the accused Barindra Kumar Ghose writing a statement on the 3rd May. He wrote it at the C. I. D. office at 25, Royd Street. I saw him write it. The whole was in his writing. This is the statement. (Mr. Norton wants to put it in as a specimen of his writing. It is objected it cannot be put in at all. Admitted as a specimen of writing. Marked 1448.)
I have not taken any part in the investigation of this case. I have assisted by producing these things, and giving notes, of previous searches and enquiries: So far as I know, Mr. Denham was the head officer investigating. Subsequent to arrest it was Mr.
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Denham, before arrest I do not know, I can only surmise. I cannot give an idea who was the chief investigating officer before arrest. There were different officers at different stages: Soshi Bhushan De, Purna Biswas and latterly Ram Sadai Mukherjee. I know them all.
P.W.36. W. H. Corinish, D. S. P.―Was present at the Midnapur Conference 7th, 8th Dec.1907. Aravinda was present. Saw volunteers with lathies including Sateyendra Bose as captain. K.B.Dutt was chairman, when he wanted to speak there was great uproar as people wanted to know if he would speak on Swaraj. Aravinda thought appealed to, did not calm the extremists.
P.W.37. Nursing Bose.― Clerk, D. Waldie & Co. on 21st April 1908, sold Sulphuric Acid in bottle Ex.435. Ex.625 is their label.
P.W.38. Inspector Binode Gupta.―Higginbotham was shot at Khustia on 4th March. I investigated the case. I got Ex.847-849.
P.W.39. Sashi Bhuson Adhikary―Head master, Bhadreswar School. Upendra Banerjea and Hrishikesh were sometime teachers there in 1905-1906. Ex.76 and 76 have resemblance to Upendra's writing.
P.W.40. Hari Charan Chakraburty ― Teacher in Bhadreswar School. Upendra and Hrishikesh were teachers there.
P.W.41.Sambhoo Nath Dey. Clerk, Bengal Chemical and Pharmaceutical Works. Proves Ex.804 to which 504 is the reply. Ex.341, 432 and 617/2 are lables of our Firm.
P.W.42. Radha Govinda Kundu, Insp. C.I.D. Searched Sil's Lodge Deoghar on 28th May. It is in an isolated place. Found Ex.767-777 and 1127. Made enquiries about Ex.778 and 779. I got 780/1-5 from Post Master there. On 5th June went to Giridi and examined Attendance Register of the National School where Narendra Buxi and Krishna Jibon were students. I got revolver Ex.868 from the Court Inspector of Bankura, on 12th July. The two students left the School on 11th April 1908. For 15 days after 2nd . May was engaged in examining the documents in Park Street Thana.
P.W.43. Narendra Nath Dutt.― Clerk, B.K.Pal & Co. Received letter Ex.803 on 2nd May. 505 is our reply. Ex.777 is label of C.J. Hewlett, chemists.
P.W.44.Hiralal. Post Master of Rohini. Knows Sudhir Kumar Sarkar who used to come for letters addressed to Upendra Banerjea, Sailendra Ghose, V. V. Lala. S. Ghose sent Rs.15 by M. O. To Upendra in Calcutta―Ex. 1007. Sailendra Bose also came for letters.
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P.W.45. Sivanandan Prosad.―Sub Post Master. Proves M.O.receipt and parcel notice Ex.865, 866.
P.W.46. Podu Tewari.―Post Man. Delivered letters in Aranbinda's name to Raj Narain Bose's house in Deoghar. Proves. Ex.778,905-A.
P.W.47. Tarini Bout.―Post Man. Many Bengalis lived in Sil's Lodge-Profulla Chaki, Sudhir Sarkar, Upendra Banerjea, Prokas Bose.
P.W.48. Gopal Kahar.―Railway gateman at the crossing near Sil's Lodge. Some Bengalis lived at Sil's Lodge of which he had the key. He did not see the Babus.
P.W.49. Nanda Kisore Roy.― Pressent at the search of Sil's Lodge.
P.W.50. Manik Lall Dutt.― Sattyendra Bose was manager of Midnapur Chatra Bhandar. Nirmal (Nirapado) used to sell things there. I lent Rs.580 to Sateyendra for cloth business. Ex.1030 is the document.
P.W.51. Sirajuddin.―Present at the search of 80 College Street. Ex.829-831 and 838 were found.
P.W.52. Insp. A. Percy.-On 2nd, May searched 30/2 Harrison Road. Found 760-761, 764 and 1162. I took some photos of the Garden Ex.50-55, also of 134 Harrison Road Ex. 34, 35. Ex. 36 is photo of a bomb.
P.W.53 Insp. H. W. W. Major.―Searched Provas De's house at 52 Mechua Bazar Street and found 5 pictures 1241-1245.
P.W.54. Insp. J. Maddan.―Present at search of 15 Gopi Mohan Dutta's Lane on 2nd May. In 373/4, 384,384/1/2 were found there. I got from Inspector Gupta and made over to Major Black Ex.710,712, 713,-716.
P.W.55.Behary Lall Chakrabarty.―Proprietor of the Classic Press. Printed New India for 3 years, Sandhya for 2 days as its machine was out of order, Proves Ex.1458-1460. I took over charge of Sandhaya from 1st July. Printed Bande Mataram for the first twelve days.
P.W.56. J.G.Jordan.―Police Surgeon. Examined Indra Nath Nundy on 23rd, June 1908, Left hand near the wrist missing. Hand was carefully dressed-perhaps removed in consequence of an explosion, Other fingers were badly injured and portions of arms. Bluish black small spots discovered in chest, leg etc.
P.W.57. Tripura Charan Mookerjee D. S. P.―On 3rd. July 1908 searched the house of Nikhileswar Rai at Damrai in Dacca. He was not present. Found Ex.1362-1378.
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P.W.58. Insp. Nagesh Chandra Mookerji.― In Feb. 1906 there was an Agricultural Exhibition in Midnapur. ”Bande Mataram” leaflet were circulated by Khudiram Bose. I arrested him. Chandra Kanta Chakraburty was there. Volunteers paraded the streets and propagated Swadeshi. Arabinda visited Midnapur on 7th and 8th Dec. 1907. Sattyendra, Khudiram etc., visited him. Great noise on 7th at the conference meeting. The Extremists held a separate conference on the 8th. I searched the house of Purna Chandra Sen at Tamluq on 2nd June. Found Ex.139 and 840.
P.W.59. Bama Charan Sen.― Was Manager of Navasakti at 48 Grey Street from Baisak 1314 for one year till it eased. Two years before that was Manager of New India for a year. Bepin Ch. Pal was Editor, Debabrata was sometime sub-editor. 5/6 days before Navasaki (daily) ceased Abinash Bhattacharya came with a letter to take charge of the Press to bring out Navasakti as weekly. He said he gave up connection with Juguntar as he did not sympathise with its writings. Ex.314/1-4 and 315/1-6 are account books. Tara Nath Rai was a clerk. Debabrata had a religious turn of mind. He never talked politics. There was no connection between Navasukti and the Sandhya or the Jugantar, the Bande Mataram or the New India as their writings were not approved. Provash De used to write in the Navasakti.
P.W.60. Devendra Nath Sil.― Owner of Sil's lodge in Deoghar. Khudu dai took lease and she sublet to others.
P.W.61. Bhawani Nath Nundy.― Offg. D.S.P. On 23rd. May I searched Bejoy Nag's house in Khulna. Ex.741-744 and 746 found there.
P.W.62. Chuni Dass.― Coachman. He drove 2 men from Chatra to French Chandernagore on last Dewali night at 8 p.m. One was Rishi Babu. Could not identify the other. They came at 2 a.m.
P.W.63. Insp. Jogendra Mookerjea.― Last witness pointed to him the place where he drove his carriage. Ex.88 is note of proceedings of a meeting held to Arabinda and Bepin Pal at Uttarpara.
P.W.64. Prosanna Kumar Ghose, ― Sub-Inspector of Schools. Sishir and Sudhir were in the 2nd Class in Khulna Zilla School. They left together in Jan.1907 as they were defaulters.
P.W.65. Hari Nath Roy.―Court Inspector Bankura, Id. Ex.868.
P.W.66. S.I. Sachindra .K.Mullik.― Assisted in the searches of Sudhir K.Sarkar's house at Khulna and Indu Bhuson Rai's house. From Sudhir's house Ex.823-829 were found.
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P. W. 67. Insp. Ram Gopal Ghose.―Searched the house of Birendra Nath Ghose at Sagardari on 11th. May. Ex.884-887 and 890 and 894 were found.
P. W. 68. Surath Chakraburty.― Clerk, Telegraph Dept. Produces telegrams Ex.1379-1399.
P. W. 69. Chandi Charan Saha.―Owner in 1906 of 41 Champatala 1 st Lane. Jugantar office was there then. Abinash Bhattacharya paid rent. Agreement was in the name of Harish Ghose.
P.W.70. Anukul Ghose.― Kept last witness account books. He used to go and realise rent.
P. W. 71. Radhvaromon Bose.― Servant of P.W.69. Don't know Abinash.
P. W. 72. Sarat Chandra Ghosh.―Our firm manufacture iron tanks. On Chait 17th 1314 an order was booked for an iron tank 4' x 1 ½' x 1 ½' .A man came for the tank. Bibhuti Bhuson resembles that man.
P. W. 73. Saroda Prosad Das.―Ex.861 is order for the tank in my book. Tank was like Ex. IV. Don't remember who gave the order.
P. W. 74. S.I. Sukumar Banerjea.― Ex. 735 and 736 are the two packets which S.I. Latifuddin made over to Mr. Denham on 20-5-08 as found in Sylhet and which I made over to Chemical examiner in June.
P. W. 75. Sailendra Sarkar.― Clerk, Simla Post Office. In may 1908 after arrest of Aravinda Ghose Government sent an order to intercept all letters to 48 Grey Street. Ex.1290-1296 are the letters.
P. W. 76. Phani Bhusan Roy ― Sub Post Master, Manicktola M.O.992 shows Rs.20 issued from Maniktola to Sishir Ghose at Bombay. 231/1 is the acknowledgment. Money appears to have have been paid on 27th April.
P. W. 77. Kisory Lal Das Gupta―Clerk, General Post Office. In Dec. 1907 was clerk in Baghbazar Post Office. 15, Gopi Mohan Dutt Lane in that jurisdiction, so was Muraripukur Road. M.O. 3683 was for 10/issued from Burdwan and paid to Barindra Ghose at No.32.-Ex.916, 1004. M. O. 634 for 15/ Ex.923, came from Jasidhi on 2-3-08, M.O. 516 of 13-2-08 for 50/issued from Jasidhi, Ex.920. Under orders of Chief Presidency Magistrate I intercepted letters addressed to Upendra Nath Banerjea at No. 32- Baiyanath.
P.W.78. Inspector Chandicharan Mukerjea― On 14th April 1908 was deputed to watch Howrah and Sealdah stations, 32 Muraripukur, 23 Scott's Lane, 4 Harrison Road and 15 G. M. Dutt Lane.
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On 18th April followed Abinash and Barindra from No 23 to No 32. At G. M. Dutt's Lane saw Barindra, Kunjo Lal Saha, Sishir Ghose Upendra, Nagendra and Poresh entering No.15. In garden I saw Sachindra Sen, Bejoy Nag, Naliny Gupta, Upendra, Paresh, Kunjolal, Hrishikesh and Sushil. I saw Sailendra in garden. At No. 4 I saw Sailendra, Barendra and Upendra. I kept no notes of the watches. Speak from memory.
I refreshed my memory from no materials. Have not discussed my evidence with any one. My evidence is entirely from memory. It is not always usual to keep notes during watches. I started watching 23 Scott's Lane from 16th or 17th April, 1908 may be till the 26th. I don't remember dates after the 18th. I saw Abinash on the 18th. Naren Mullick told me he was Abinash. No other incident about No.23 to fix it in my memory. Bolai Ganguly watched No.15 with me. Did not see Sivakali or Sarat Das watching the house, nor Satis Banerjea. Can't say if Balai was with me when I saw Sisir, Upendra or Kunjalal at No.15. Did not see Suresh Ghose watching any other house except No. 134, some day between 20th and 27th April. Before being examined before Mr. Birley I did not make any statement verbal or written to any one of what I had seen. I kept to myself all that I had seen or known. Not sure of the dates I saw Hrishikesh or Kunjolal in the garden. I got instructions to watch places not persons. I did not try to ascertain names. We were dressed as low class people- never dressed as gentlemen. Can't say on what date I saw Sisir, it was between 20th and 27th. I shall be surprised to hear he was in Bombay up to 27th April and received an M. O. There. I can't give exact dates on which I went to watch the garden except 18th. Can't say on which date I saw which persons in the garden. I can't say how Abinash could be at Giridhi on the 18th as I saw him that day.
P. W. 79. Hayter Duff., Supdt. Railway Police― I escorted L. G. Sir. Andrew Fraser on 5th Dec. 1907 from Calcutta to Howrah. At 2 A.M. On 6th was thrown out of bunk by a violent jerk. Train stopped. Found line ruined 40 to 60 yards to the rear of the last carriage. There was a hole 5 ft. deep and 5 ft. across. Rail was bent upwards, we got in and train went to Kharagpur. This was about 12 miles from Kharagpur near Naraingarh. Ex.952 is a portion of the pot-sleeper. 953 and 954 are pies of iron. 955 are three pieces of lead. 957 and 958 are raw cotton wool stained yellow. 959 are sal leaves with traces of sweetmeats. Ex.960 and 971 found there. Some railway coolies were charged and convicted. Five out of 6 coolies. 3 confessed, 2 retracted and one did not. They were gang men, one was made approver.
P. W. 80. Jogendranath Sen― Pleader Tamluq. Father of Purna Chandra Sen Proves Purna was with him almost regularly.
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up to 24th April, 1908 when he left without his knowledge. Was present at the Midnapur conference as a moderate. Sandhya was a vile paper. Jugantar's writings were grand. It is extremist. Bandemataram was Nationalist paper.
P.W.82. Debdas Karan―Editor, Medini Bandhub, Midnapur. Ex.874 was crest on the paper of lion and unicorn. 875 shews crest changed into Jagadhatri goddess. Change was due to Hem Chandra Das. 876 is his letter to me. Hem went to Europe to learn photography. My paper was moderate. Was present at the Midnapur conference. There was a Chatra Bhandar at Midnapur. Young men sold things e.g., Nirmal (i.e. Nirapodo) Purna Sen.
P.W.83. Nabinkrisna Ghose―Produces from office of Joint Stock Companies, papers relating to Chatravandar Ld., New India Ld. and Bande Mataram Ld.
P. W. 84. Pabitracharam Dutt―Managing Director, Chatra Bhandar. It was started in Bahdra 1313 first at No.101 then at 113 Harrison Road.Ex.78 is Articles of Association. Indra Nundy was one of the promoters. Arabinda and Subodh Mullick witnessed my signature. Nikhileshur was one of the auditors. I took 27 Kanai Dhar's Lane on lease for a boarding house. I let the house afterwards to Jugantar no 40/- a month. Chatra Bhandar had no branches in Calcutta or outside. It sold books, pictures. Ex.1252 is a prospectus. Jugantar advertisement appeared on the back. I took serious objection to it.
P. W. 85. J. D. 'Costa-Clerk, Controller of Post Offices. Produced 846, 905. 1003. 1004 to 1007 money order forms.
P. W. 86. Sukumar Mitra―Aravinda is my mother's sister's son. Ex.1061 is deposit of 500/- for the defence fund at Merccantile Bank. Defence Association at 4 College Square used to teach self-defence latti play, boxing, jijuitsu & c- started in August 1907 and dissolved in May 1908. The appeal was for help of family of Basanta Bhattacherya, Printer, Jugantar, sent to jail. Abinash was a sort of Bazar Sarkar of Aravinda at No.23. Ex.298 is the cheque book of the bank. In March and April Aravinda lived at 23 Scott's Lane. He left Boroda in 1906.
P. W. 87. Mathew Laurence Banerjea ― Postmaster, Harrison Road. From Ex.871 and 872 it appears that Rs.20/- was sent to Dinesh Chandra Ray at Muzaffarpur on 8th April, 1908.
P.W.88. Bepin Behary Bose ― Arabinda's father's sister was my mother-in-law. Garden belongs to Arabinda and his brothers. In 1906 he asked me to sell the garden. He asked 7000/-, the highest offer was 5000/-.
P.W.89. Naba Jagendra Mitra.―Cashier, Bande Mataram Ld. I kept Cash Book Ex.1067. Arabinda was sometimes Managing Director.
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P.W.90. Bankim Dutta.― Satyendra Bose was manager og Midnapur Chatra Bhandar. Nirapodo and Khudiram Bose were seen there.
P.W.91. Major Frank Smallwood―R.A.
I was officiating Chief Inspector of Explosives. On May 2nd I examined the scene of the outrage at Mozufferpur. I examined the Dharmsala there. I helped to open the room in which Khudiram and Prafulla were said to have stayed. In the room I saw this bag (Ex.1126). It was full of cotton wool. There was an impression in it, as of a small tin box which was shown to me. In the tin box also there was cotton wool.
On 3rd May I went to Park Street Thana at the request of the Commissioner of Police. I was shown a quantity of explosives said to have been found at 134 Harrison Road and at Maniktala garden: also certain literature. I examined the explosives and looked at the literature. (Shown XXXIV). It is a standard work: rather older than Sandford (Shown Ex. XXXVIII & 738). I was told this (XXXVIII) was found in the garden. This (738) is a copy of it. I have studied them very carefully. Except for a page or two they are the same. This (738) is perfect, but there were some other copies short of pages. The work is very clever, as a system for the manufacture of explosives. Anyone could use it, there are no technicalities or chemical formulae. The instruction is excellent. Many of the explosives are novel, not referred to in ordinary text-books. It would be useful in the hands of those desiring to execute a revolution. I think 72 explosives of a Chemist's shop for the manufacture of explosives. “Kerosine powder” is an entirely new explosive. “Tannin powder” has not been used since 1848-50: it was then tried for matches and was a failure and had not been manufactured since: it won't keep. The manual refers to destruction of bridges and building in detail and works out quantities of explosives required. Kerosine and Tannin powder are about 30/. stronger than gun-powder. The manual refers to dynamite, gun-cotton, melinite, hell-off-ite, an American explosive. The last is the strongest explosive known. All the materials I examined are mentioned in the manual. I was shown jars full and empty, of acids, I thought about 50 lbs. of explosives might have been produced, judging by the quantity of acids used. I was shown some dynamite cartridges said to have come from 134, Harrison Road. There were 19 or 20 lbs. of dynamite. I destroyed 19 dynamite cartridges on the spot. I see 22 cartridges were destroyed to be accurate. I was present twice at Major Black's laboratory at the Medical College, when Major Black was analysing. I saw the fulminate
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of mercury being analysed: I tested it with him: and some picric acid. When picric acid id fused, it is known as lyddite and melinite: they are the high explosives of England and France.
Carbolic acid can be used for the manufacture of picric acid. Nitro-glycerine is glycerine treated with nitric acid. It is a very strong explosive indeed. Caustic potash is more for neutralising acids: it is used in a laboratory for destroying bad attempts. It is used in one known mining powder, I think Farier's. Caustic soda is available for the same use. Nitrate of potash is used for making gun-powder: that, sulphur are charcoal make gun-powder. Ammonium chloride is used for making picrate of ammonium: such picratas are used for exploding picric acid. Red phosphorous is used for detonating compositions. Mixed with chlorate of potash, with or without sulphur, it is the ordinary detonating or cap composition used in the army. Mercury is used for making fulminate of mercury. That is used in nearly all detonators. It has to be kept in water, as it, they damp it with alcohol. I saw 6 samples of fulminate of mercury which must have been manufactured with 48 hours. I saw them on filter-papers. It is manufactured on filter-papers strained through them and left to dry. Sulphide of lead is not an explosive. Sulphide of antimony could be used in conjunction with other substances in the manufacture of detonating composition as a detonator.
I saw shells in all stages of manufacture. It is usual to make shells of soft metal so that you can fit them with a screw, to admit the detonator. Copper and tin make a soft metal: with zinc they make gun-metal. I saw a crucible with small pieces of tin and copper cut up. That is what one would expect in making a shell. (Shown 597). One piece is zinc, one tin. (Shown 598). It is zinc. One cuts the pieces small enough to go in to the crucible: there is no standard size for cutting. (Shown 593-1 & 2.) They are sand-moulds. They are the size of the actual manufactured shells that we saw. (Shown 596). They are copper cuttings. (Shown 614). Inside them I saw sand-cores similar to those just shown (513). The spikes are what are called dead heads formed when the gas forces the metal out. (Shown 637 & 662). This (637) is a completed Orsini bomb and this (662) an incomplete one. An Orsini bomb has holes to be fitted with protruding denonators so as to insure its going off. (Shown Ex.600 & 635). These are ball-cork used on cisterns. They are suitable for use as bomb-shells and have been used in history as such e.g., in Deasy and Flanagaer's case. This (660) is the knob of a bed-stead. It had picric acid in it and has now. Used as a bomb, it would kill you outright. It would have a radius of about 5 yards. The danger zone of this (637) would be quite 30 yards. That of these (600 & 635) would be 25 to 30 yards (Shown 599). It is used in a laboratory under
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a retort to prevent the flame breaking the bottom of the glass: it spreads the heat. (Shown 603). They are used with the ball-cocks: they are filled with sulphuric acid. Immediately before throwing, the sulphuric acid is released: usually a thickness of paper is placed between to give time. (Shown Ex.36). I remember the original. I t was full of picric acid fused. I was 2 days trying to unload it and it was so dangerous that I recommend its destruction. These (604) are the levers for the taps (603). This (610) is an iron shell. It contained picric acid and 24 spikes sharpened at both ends. The danger zone of such a shell would be about 70 yards. It might be 100. I thought it was meant for street-fighting, as it would be unnecessary to have so large a thing for one man and it would be hard to conceal. I unloaded it at Park Street Thana. This (661) is the reservoir of a cheap lamp. It was filled with fused picric acid. Its danger zone would be about 30 yards. (Shown 631 and 687). They are Noble's detonators. They are the ordinary commercial detonators. I remember 6 coils of fuse. These are they (583). These (623) are electric dry cells. This (584) is electric wire. With it one could fire a bomb at the distance of the wire. These (626) are moulders' rods for holding up the core in moulding a shell. This (614) has a spike of the same gauge as the rods. This (586) is the ordinary hand-book on moulding. They are pruners on which bombs could be shaped. I doubt if the Mozufferpur bomb was larger than the small one: I thought it would have been less than a tennis-ball. (Shown 599, 605, 607, 634, 666, 628, 667, 674, 675, 696, 676, 683, 677,678, 680, 681, 682, 679, 684, 694). They are laboratory apparatus, glass retorts, etc. With it fulminate of mercury could be manufactured. It is a complete apparatus for the purpose. (Shown 632/1-4) They are samples of fulminate of mercury, those that we saw on the filter-papers. As they were dangerous to keep, we put them in water. They varied much in quality, suggesting that some one was under instruction. Two of them would not go off at all. I was shown some dynamite in a bucket, said to have been found in the garden. There was about 20 lbs. of it, and about 10 lbs. of gelignite in cardboard boxes. It was the gelignite to which I referred when I spoke of destroying 20 lbs. of dynamite. There was 19 dynamite cartridges from No. 134, Harrison Road, not the 10 lbs. of dynamite. The gelignite was in the form of cartridges. Gelignite is a trade term of dynamite. The dynamite and gelignite found in the garden was quite sufficient to destroy this building. (Shown Ex. 591). The article is by Berthelot, the most expert chemist of the day. (Shown 387). These are cores for bombs (shown Ex.390). This is a stirring rod for stirring metal, in a crucible. Resin is used for mixing with sand, for making moulds. Files, chisels, tongs and hammers are necessary for making bombs. (Shown 209). It is a box of Whit-
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worth taps. I destroyed one bomb as the picric acid had formed picric of copper by contact with the copper and was dangerous. Sulphuric acid is used in manufacturing nearly all nitro explosives to carry off the surplus water. You require it in all operations. (Shown 215). There are iron pipes; such are frequently used for bombs. In the book (738) there is a diagram showing how to fit them up. A man in Paris, an ex-Lieutenant Russian Engineer, Sfeanski, is the reputed author of this (Ex.738). It contains a ball of box: it might be used as a core for hammering round, not for moulding. (Shown 712, 713, 714, 715.) I examined these with Major Black. They looked like preparations for making moulds. (Shown Ex. II). It is an ordinary moulder's box (Shown Ex. III). It is the rough casting of a bomb. (Shown XXIX). They are a moulder's box. It has been used. There is still sand in it. (Ex. XXXI shown). It is a wooden core for hammering envelopes on. (Shown 214/1-5). They are moulders' boxes, used for holding sand. I have seen ( Ex. 429 ). They are cuttings of metal for making shells. I saw (Ex.437, 438). One is an empty bomb and the other a sample of its contents. When we saw the bomb, it had not been loaded; it had only the core. (Shown 384). The first is a formula for fulminate of mercury: there is one for picric acid and one for nitro-glycerine. They are correct formulae and very like the Aligarh ones.
(Shown Ex.1210). The first formula is the ordinary cap composition. The second is the first with ground glass added, which makes it more sensitive. The next is a correct prescription for fulminate of mercury. There is a reference to the method of firing by means of an electric battery, with platinum wire. The formulae point to explosives: Nothing else. (Shown Ex.667). The first thing is a formula for making soft metal, then instruction for foundry sand, then bullets. There are instructions as to how much powder would go into a shell, worked out rather childishly, but probably correctly. It is elementary but correct. Fulminate of mercury is often called Detonating mercury. I am almost sure this is taken out of the Maniktola book. I have read up a little about match making, I am not conversant with it. Chlorate of potash, sulphur and red phosphorus is in nearly every match. Filter papers are necessary for laboratory operations of any kind. In making moulds castor oil is used: for binding the sand together. I cannot say how long after you would find traces: you must ask a chemist that. I do a lot of moulding myself and use castor oil.
P.W. 92. Sukumar Sen.― was Managing Director of Bande Mataram Ld. for sometime. I knew Arabinda. He was Editor for some time, object was more political than commercial. Old Bande Mataram was printed at Sandha office and we had to pay
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Rs. 2500. Bepin Pal borrowed the same from C. R. Dass, R. N. Roy and Sailendra Ghose. Bande Mataram had no connection with other papers and it was certainly no link in any conspiracy against Government.
P.W.93. S. I. Suresh Chandra Ghose― Began watching from 10th April 1908. To Hem Das's house 38-4 Raja N. K. Street saw Barindra, Narendra Gossain and Indu Roy enter that day. Found them at Howrah station with a canvas bag entering a train at 5-30 p.m. I and others did the same. Bag was like Ex. 659. Got down at Mankundu and followed towards Chandernagore. Gossain parted, we lost sight of Indu but followed Barindra to Hari Neogy's house. Came back to station to report, went back and watched whole night. Did not again see him. Searched next day but failed to find him. On 16th followed Hem Das to 78 Russa Road and again on 17th. On 20th watched the garden. Upendra, Nirapado and Krishna Jibon came out. Krishna went towards Bagmari. Other two entered Maniktola Post office brought a big envelope, opened and read a letter and then went towards Sealdah. Conversed with two Madrassis on the road, one was Kane. I followed Madrassis. They entered No.15 G. M. Dutt's Lane at 6 p.m. On 21st watched garden. Nirapado and another came out, took train and went to D. Waldie & Co. chemists. Nirapada brought a big jar and some liquid. Jar was like Ex.435. He also purchased two iron pots like Ex. 392. Then they returned to garden. On 22nd watched garden. One of the Madrassis came out and went to 15 G.M.Dutt's Lane. 12 or 14 in batches of 2 and 3 also entered the house. Kane came out and went to get a medicine and returned. Upendra, Sailendra, Kunjolal, Bibhuti, Nirapado, Indu, Bejoy and Ullaskar were the men who entered. Also Kanai Lal Dutt who had been hanged. On 24th Barindra came out of No. 15 at 6P.M. and went to 23 Scott's Lane then occupied by Arabinda. Sailendra and Abinash I had seen before to go to No.23. On 25th followed Barindra from garden to No.15; he then went to No.48 Grey street, Navasakti office, then went to 38-4, Hem Das's house. On 26th watched No. 15. A 3rd class hackney pulled up there. Ullaskar entered with a bag and two steel trunks like Ex.572 and 573. The carriage went to No.134 Harrison Road. Ullaskar entered with bags and Nagendra and Dharani took in the trunks. On 27th April entered No.134 on plea of purchasing medicines and found the trunks under tuktaposh. That day saw Kane enter a train a I followed up to Sini as I found he was going to Nagpur. On 3rd May I pointed out Din Doyal Bose at Tram Depot. Arrested Narendra Gossain at Srirampur on 5th May. Identifies several accused in the several houses. Everything I said is from pure unaided memory. I can't give other dates.
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Was a fellow student with accused Barin Ghose at Deoghar High School in the same class. Next I saw him at No.4 Harrison Road on 10th April but did not speak to him. Up to 2nd May did not know what was happening in the garden. I watched and saw people going there. Sometimes I passed Barin. I could know him from the back. I studied the faces. Can't give other dates besides those I gave in examination-in-chief. Can't say with reference to a particular man at a particular place whether he was alone or with some one else beyond what I have said. After 2nd May Purna Biswas and I lived in the same house till October.
P.W.94. Raghunath Benerji― One of the Directors of the Chattra Bhandar Ld. Nikhileshwar was another Director. Indra Nandy was another, subsequently became Secretary.
P.W.95. Insp. K. Mullik.―watched garden from 8th to 26th April 1908. Also watched other houses. At garden saw Abinash, Asoke, Sachindra, Hrishikesh, Upendra, Bibhuti, Indubhuson, Poresh, Kunjola, Krishna Jibon, Barendra, Narendra Buksi, Purna and Hem. At No.4 Harrison Road saw Sailendra, Diindoyal, Upendra, Ullaskar, Krishna Jibon, Nirapado and Barindra. At No. 23, Sailendra and Arabinda. I arrested Krishna Jibon on 12th May at his home in Kansat, Malda. He is an adopted son. I found Ex.850, 851 and 853. I kept no notes of the watches.
The Garden is not surrounded by wall. It has no gate. It is not the practice of the C.I.D. to keep notes. I did not give the Crown Solicitor these details. Do not remember when I first saw Hem Das, but it was at No. 23. He was with one or two men. Can not recollect who they were. I saw him again on 26th. Don't remember when saw him again. Did not hear revolver shots in the garden or men drilling there. Can't remember the dates I watched No.15 except the 26th. I saw Krishns Jibon only once there. I was in charge of the properties seized in Calcutta. I assisted Inspector Samsul Alum in instructing counsel for the crown. I brought the things to court from Police Malkhana at no 3 Dedar Buks Lane. After exhibited they remained in boxes in court. Samsul Alum and other Police officers often inspected documents in the room in court hours. The name of Aravinda was given to me in connection with the watches. I saw him on 18th at No.23. I shall be surprised to hear he was at the Kisoregunj conference from 18th to 21st April.
P.W.96.M.A.Usmani.― I was a Sub-Inspr. I resigned. On 3rd May arrested Dindoyal while he was working in the Tram Depot.
P.W.97. H. O. Welder.- Asst. Engineer, P. W. D. Railways.―
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Ex. 97 I got from Police in August to verify contents. It contains notes of inspection of E.B.S. Ry. from Dum Dum to Bagoolla with culverts, bridges, groves etc. correctly shown.
P.W.98. Sivakali Dass.― Police Informer. From 10th April 1908 watched 38-4 Raja N. K. Street, up to 20th. Saw Hem Das, Barendra and Narendra Gossain. One day a cart was brought by Poresh and another, 4 trunks, a kerosin tin case of wood (without the tins) and cooking utensils were removed in it. On 26th I hired a room there. Hem Das gave me a receipt Ex.854. Next day I was not given the room and I got money back. I gave a receipt Ex.358-6. Kunjalal. Bibhuti, Dindoyal also visited the house. Watched other houses and saw some accused visiting them.
I used to live at Ramsodoi's house at 56 Amherst Street. I did not say that I was informer as my pay was not settled. I got advances. I got money when I wanted. Hem Das's servant was a barber. I got information from him. Witness Sarat Das is my sister's husband's brother. Biswas told me to follow people who looked like budmashes – which means Goonda class. I understood my instructions to be to follow such men as went about beating people or looked as if they would. I did not smell rebellion or hear anything about bombs. I worked as I was paid. I never kept any note. Watched Hem Das's house from a grocer's shop, once from a prostitute's house. I don't know grocer's name. Never reported to Inspector Biswas the name of the grocer or prostitute or the barber. I did not understand that I was watching conspirators. My pay was fixed after I gave evidence.
P. W. 99. Nurse Wallace―I know 37 College St. In :May I heard a loud explosion there. I saw some people running in or out of the gate of 37. There were patients in my room in the out door dispensary. Don't know if they looked startled or spoke to each other.
P. W: 100 Nurse Burke―Heard sound of explosion about 5th or 6th :May 1908.
P. W. 101. Insp. Soshy Bhuson De―In October 19071 got information as to the existence of a Secret Society. I reported it to the Director of Criminal Intelligence, India. Since then I have been officially enquiring. At that time I was Inspector, C.I. D., on deputation. On 8th February I received more specific information. I was placed' in charge of the enquiry about it, on the 8th. Police officers were deputed to work under me, Inspector P. C. Biswas, Sub-Inspector Narendra Kumar :Mullik, Satish Chandra Banerji, Chandi Charan Mukherji, Head Constable Sarat Chandra Palit, Bolai Chand Ganguly, :Madhu Sudan Bhattacharji, Sub-inspector Suresh Chandra. Ghosh and agents
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Sarat Dass and Siba Kali Dass. On 29th February I received information that the Head-quarters were at the garden. I deputed Sarat Palit to see the garden, not to watch it: to see whether it was the head-quarters. I don't remember the date on which I deputed him, it was the beginning of March. My enquiries were proceeding from the beginning of February till the middle of April. I did not take part in the investigation: my duty was to supply intelligence as reported to me.
On April 9th Satish Banerji reported to me that he noticed Barindra Kumar Ghose coming out of Hem Chandra Dass's house 38/4, Raja NabaKishen's street. He did not give me the names. I had previously given him a descriptive roll of Barin and he told me that a man of that description came out of Hem Chandra's house. He gave me Hem Chandra's name. He said he followed the man up to the Muraripukur garden.
On 12th April Bolai Ganguli reported to me that he saw Barindra Kumar and Abinash Chandra Banerji, mentioning both by name, conversing together at Sealdah Station, and that he followed them to 23, Scott's Lane, where Arabinda Ghose was then living. He mentioned this about Arabinda, giving his name. From that place he said he followed Barindra Kumar to the garden in Muraripukur Lane.
On 20th April Suresh Chandra Ghosh reported to me in the evening that he had followed 3 men from Muraripukur garden and noticed them talking to 2 Madrasi boys near Sukea Street and then followed the 2 Madrasis to 15, Gopi Mohun Dutt's Lane.
, On 12th April I knew Arabinda by name and knew he was living at 23, Scott's Lane. I have known Arabinda by name a long time. I don't know him even now by sight. In October 1907 I was aware of his name, before I got the report about the Secret Society. I was under the impression that he used to contribute to the Bande Mataram,.
On April 20th Suresh took me to 15, Gopi Mohun Dutt's Lane, immediately after reporting to me, I recognised the house as that of Adhar Babu, Pleader. Satish's report of 9th April was written. I sent it to Mr. Plowden. Bolai gave me an oral report which I wrote and sent to :Mr. Plowden. Suresh's report to me was oral and Biswas entered it in the diary after 2 or 3 days. I did not make a note of Suresh's report at the time. Suresh reported separately to Biswas. I came to know about that subsequently. I made no record of the report.
I reported the existence of the Secret Society to Mr. Stevenson Moore, Director of Criminal Intelligence. The information of 8th February I reported to Mr. Plowden in writing. The information
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of 29th February I reported in writing to both Messrs Stevenson Moore and Plowden. The whole investigation was a special one. I think the police officers under me did not keep written notes of what they saw. I don't know whether they did or not.
Reports of the 9th and 12th April were written and submitted to Mr. Plowden. I won't give the name of the informer. Informers got regular pay. I gave description of Barin only to Satis and. Sarat. The description was got from .informer. Biswas was the investigation officer. The description of Barin was long hair, thin build, medium complexion, wears spectacles. When Barin was found on 9th April I went out of the case.
P. W. 102. S. 1. Bolai Ganguly,―From 10th April watched 38/4, Sealda Station IItnd the Garden. On 24th April hired a tiled hut opposite No. 15 G. M. Dutt's Lane and watched the house. I found several accused coming. from and entering other houses. Identifies some accused. On 19th May went to Nagpur. At Morris College came to know that Balkrishna Harikane Came from Yotmal, Berar.
P. W. lO3. A. K. Mothuaami Aiyar.―Ex. 1059 is the account opened in the name of Aravinda and Sukumar Mittra with the Mercantile Bank.
P. W. 104. Bhagabat Chandra Giri.- Muhurrir of K. P. Gajendra Mahapatra maternal uncle of Hem Das. Hem went to . Europe. I wrote Ex. 327 to him as I heard police were .after Hem.
P. W. 105. A. C. Banerjea.―Barrister. Ex. 1028 and 1029 are my writing given to one Subodh Bose on 8-4-06 as he was interesting himself in Khudiram Bose's' sedition case. The letter was to Mr. A. Chowdhury. I know Provas, Indra Nundy and Debabrata.. Provash I saw in Swadeshi meetings. Swadeshi agitation began on 7th August 1905. Partition of Bengal was on 16th October. Swadeshi agitation was to. encourage indigenous industries and boycott was preached as a retaliatory measure to the Partition. If moral persuation failed social pressure was used. Physical force, I don't think, was advocated. Legitimate alteration of the form of Government was preached at public meetings not by force. Moderates were for Swadeshi and Boycott but would ask for Government help when necessary. Extremists were only for self dependence, and rely on passive resistance-not active resistance. Partition was carried out in spite of almost unprecedented opposition. There was general impression that several departments of Government were engineering an agitation in favour of Partition through Mahomedans. The name "Extremists" was given first by the London "Times." Aravinda deduced his politics from religion-his politics had a spiritual side. The papers "Bandemataram," "New
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India," "Navasakti," "Jugantar," "Sandhya" were not limbs of the same conspiracy. There were controversy between them. Aravinda never suggested recourse to violence, he was constitutionally incapable of it. He was more a philosopher than a politician. Measures of "self-defence" were organised when Mahomedans were put up to attack Hindus. I had never seen the view of the extremists that there should be bloodshed or murder.
P. W. 106. Dwarka Nath Bhattacharya.―Teacher Rajshai School. Narendra Buxi and Krishna Jibon were in the School in 1905. When Sir Bamfylde Fuller came to Rajshahi 70/80 boys were absent from school. The two boys were rusticated with two others. They were good boys in their classes.
P. W. 107. Sarat Chandra Das―I was accused in a Forgery Case, was made approver and gave evidence. Then employed by Police in 1905. Watched several houses and saw various accused visiting them. I was concerned in fraudulent conspiracies from 1900 and forged securities of over a lakh were circulated.
Identifies―Sailendra. Abinash. Arabinda. Barindra. Hem Dass. Bejoy Nag. Dindoyal and others.
Did not see Hem Das go to No. 15. Once went to No. 48 Grey Street. I started an eating house in 1904. In 1905 I gave evidence in the High Court. I said r was in fraudulent conspiracy with forgers. I was then arrested in 38/4 Raja Navakisen Street. I occupied a part of it. In 1900 I began the conspiracy. Forged securities for Rs. 1,25,000 were circulated. Blank G. P. Notes were got out of the Bank by bribing clerks. On one paper the name of Prosad Das Boral was forged. I may have been present then. Heard Sailendra's name in February before I began watches. I watched from middle of March.
P. W. 108. Balwant Krishna.―Head Constable. Nagpur. Arabinda delivered four lectures to Extremists at Nagpur on 22 Dec. 1907 and 30th ., 31st . Jan. and 1st Feb. 1908. Sam Sundar Chakraborty was with him. I took no notes but made verbal reports to superiors.
P. W: 109. U. C. Bapat.―Inspector, Dhulia, Kandesh. Aravinda came to Dhulia in Dec. 1907 on his way to Surat Congress. On 26th Jan. 1908 he delivered a speech. I took notes Ex. 82.
P. W 110. Nana Abaji―D. S. P. Khandesh. Present at meeting' on 26th Jan. when Arabinda delivered lecture. Last witness took notes and made a report.
P. W 111. Dattatraya.― Head Constable, Nasik. Aravinda came to Nasik on 24th Jan. 1908. I took notes of his lectures Ex. 84.
P. W. 112. Ins. Gopal Rao.―Amraoti. Arabinda came to Amraoti on 28th Jan. He delivered a speech. I noted down
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immediately after the meeting. On 29th he made another speech.
P. W. 113. K. B. Dutt. Barrister. Presided at the Midnapur Conference on 7th Dec. 1907. There were volunteers. Arabinda was present. There was opposition to my election as President. 'I'hey wanted me to speak on Swaraj and Boycott. Eventually I was elected. I appealed to Aravinda to stop row coming from the boys. There was confusion about election of subjects committee .. I had no knowledge what views Arabinda held. The District Judge was for allowing the boys to use. Bande Mataram badges. He designed the badges in my presence. The Magistrate was opposed to it.
P. W. 114. Manikram Kahar. Postman, Bagbazar Post Office.
Delivered letter addressed to Upendra :Mazumdar and Bl1rindra Ghose at No. 15 Gopi Mohan Dutta's Lane.
P. W. 115. Kabiruddin Ahmad. Deputy Inspector of Schools. Bengali book Ex. 1464 was given to me for translation.
P. W. 116. Masitdal Hu1q. Sub· Registrar, Kustia. Travelled down with Kunjolal Sahli. in same train on 17th April 1908 to Calcutta.
P. W. 117. H. O. Ghattak.―Same as last witness.
P. W.118. Momnatho Das.―No. 15 G. M. Dutt's Lane belongs to pleader Adhar Ghose whose clerk I am. Nirapodo calling himself Amarendra Banerjea took lease of the house in April 1908. Receipt dated 19.4-08. Ex. 385/1 was given by me to him for rent paid. I did not see who lived in the house.
P. W. 119. S. 1. Dinabandhu Bhattacharya.―Sub-Inspector, Maniktola from 23rd December 1907 to 15th June 1908. Went to the garden and spoke to people there-to Upendra and Sachindra, about 20 days before 2nd May. Upendra was in a Sannyasi cloth. Sachin said he was taught Geeta there by Upendra. I don't identify any other accused. I had no suspicion that arms were hidden or manufactured there. I had no suspicion about the place. On two other occasions I. went there. Did not find the two but others who said they had come to see the Sannyasi. Did not see Police Officers near the garden on those occasions. I was called at 8 A.M. on 2nd May to the garden and saw lots of Police there. 18 men were arrested, under sec. 54 Or. P. O. I got Ex. 896, 924, 925 from Post Master. I entered a charge in the Thana Diary. A first information was brought to me on 17th 'May signed by P. C. Biswas.
Upendra's conversation interested me. I can imagine he would interest young' people. I never heard guns fired at the garden nor the beat constable report to me. I told them I was a police officer.
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P. W. 120. Methu Pasi.― tapper. Took lease of one tree in the garden for Rs.2/- which I gave to Upendra Banerjea and got a receipt Ex. 855. There were 5/6 Babus. Upen used to read―others moved about, sat and listen. Did not see them practising firearm, nor heard report of gun.
P. W. 121. Madhub Roy.―Teacher, Kustia School. Sebak Samity started in 1907. Kunja. was Captain of sporting branch, I was President. Kunjo taught lathi play. There were physical mental and moral branches. Movement for physical culture going on in the country for 15 years.
P. W. 122. Satish Ohandra Mookerji.―Bengal National College was started in August 1906. I was sometimes its Principal. Aravinda was sometime Professor and Principal. Prospectus Ex. 1465. Sachindra Sen was student from 27-8-07 to 20-9-07. Bibhuti attended from 13-11-06 to 21-9-07, Sushil Sen from 20-7-07 to 27-1-08, Birendra Sen from 20-12-06 to 23-3-08.
P. W. 123. Amrita Lal Rai. Khudiram Bose was my brother-in-law. He was hanged. Ex. 73 is his photo. He lived also with Satyendra who was hanged. Purna Senwas at school with Khudiram.
P. W.124. Indu Bhusan Rai. Sudhir used to attend Khulna National School.
P. W. 125.-Protap Chaki.―Ex. 32 is photo of my brother Profulla Chaki. He shot himself. He was never known as Dinesh Ch. Roy.
P. W. 126 .. Jnanendra K. Nag.-Knew Hem Das for 12 years. He was a photographer, and went to France in Sep. 1906. Ex. 321, 329, 364, 366, 368, 369/3-33 are his writings. He told me on return that he learned jewellery business and photography in France.
P. W. 127. Bhubon Mohan Das.― Purna Sen was connected with swadeshi movement in Tamluq. Khudiram Bose, convicted and hanged for Muzaffarpur murders, stayed in his house. I was once convicted of theft but released on appeal. Police were not present at the meeting .. Don't remember what Purna said at the meeting. Can't say whose photo is Ex. 73.
P. W. 128. Bisweswar P. Sen.―Proprietor of 'Kamala Press' at 36 Bonomali Sarkar's Street. Jugantar was printed in my Press from Chaitra 1312 to Baisak 1313. I have done work for Chhatra Bhandar, and job work for the Navasakti. I gave up printing Jugantar as I was told it was written in such a way that my Press might be confiscated.
P. W. 129. Atulkrishna Mandal. Head Constable. Jogindra, alias Lal Behary Sen, writer of Sandhya was prosecuted for false declaration. Provas De stood surety for him. Provas declared
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himself Printer and publisher of Jugantar in Sept, 1907 but was not accepted. He was convicted by Mr. Kingsford for assaulting Police on the day Bepin Chandra Pal was convicted.
P. W. 130. Safdul Sheikh―Hrisikesh hired his carriage to go to Chundernagore in Sep. or Oct. of 1907.
P. W 131. Sachindra Chattetji―I lived at 38 Muraripukur Road. Many people lived at 32. Ullaskar, Upendra and Poresh I saw near about the garden. There is a path through the garden and people pass through it.
P. W.132. Mohammad Basiruddin.―Postman, Harrison Road Post Office. 23 Scott's Lane is my beat. Arabinda lived there. I delivered money orders and parcels to him. Others lived there and got their letters. Identifies Barindra only.
P. W. 133. Indu Bhuson Bose.―People used to come to No. 32 ~Muraripukur Road. I can identify only Bejoy Nag.
P. W. 134. Jatindra Lahiry. I owned once this pistol Ex. xv. in 1907. Narendra Gosain was my cousin. I sold it to him for 60 Rupees. Another man like Upendra was with him.
P. W. 135. Narendra K. Sarkar.-Elder brother of Sudhir Sarkar who left School in Jan. 1908. He used to ask men to use swadeshi goods. He stayed sometime in Rajnarain Bose's house in Deoghar in Nov. 1907.
P. W. 136. Jog Jibon Roy. Brother of Nikhileswar Roy. I used to stay at 'Sumati' Press at 68 Maniktola Street. I heard it was my brother's.
P. W. 137. Fagazuddin.―Constable. Remember the bomb explosion at Muzaffarpur. Ex 31 and 73 are the Photos of the two men who used to walk about for 2 days at night near the club where bomb was thrown.
P. W.138. Kisory Mohan Banerjee.―My office was at the Dhuramsala in Muzaffarpur. End of March 1908 one Dinesh Chandra Roy and a boy came there from Calcutta. They said they lost money in the train going to Benares and I permitted them to stay. Money came to them to my care. I never saw the men after 10th April.
P. W. 139, Fateh Singh.―vConstable Muzaffarpur. After murder of two ladies, I was deputed to Waini Station. Seized Khudiram there with two pistols Ex. 842 and 843. He had also cartridges. He was hanged. .
P. W.14O. Abdul Rahaman.―Lived opposite the Jugantar Press at 41 Champatola 1st Lane. Upendra, Birendra Sen, Krishna Jihon and Kanai Dutt used to go there.
P. W. 141. Ambica Ck. Sanyal (Clerk in Rangpur Zilla School. There was a disturbance over a political meeting. Some
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boys were fined. Poresh Moulik fined 5/ .. Profulla Chaki was in same class with him.
P. W: 142. Upendra Lal Singh.―A parcel was received from Baroda and delivered to addressee on 21st :March 1908, Ex. 976.
P. W: 143. Ramkelawan.―Postman. A parcel came form Baroda addressed to C. B. Lele.
P. W. 144. Adinath Roy Chowdhury.―Clerk, Jardin Skinner & Co .. Nikhileswar was employed by the Company at Chandpur in the jute season 1905-06 as muffasil purchaser. Proves some signatures of Nikhileswar.
P. W. 145. Cham Chandra Chaki.―Profulla Chaki was my brother. Ex. 31 is his picture.
P. W. 146. Rakhal Das Gupta. Ex. 905 shews M. O. No. 240 dated 29th April for Rs. 8, came from Habigunj redirected from Deoghar to Harrison Road.
P. W: 147. Rai Charan Mozunlar.―S. I., Rungpur. Arrested Nalini Kanta Sirkar there in a political procession on 17th October 1907 marching with' lathie, singing Swadeshi songs. He was fined.
P. W: 148. Satyend1'a Nath Ghose.―Brother of Birendra Ghose. Hemendra Ghose is my cousin. Arabinda's father-inlaw Bhupal Bose is another cousin. Birendra was at Boral's Kuti in Deoghar before arrest. Proves some writings. Shisir told me he started a handloom at Khulna and was going to Bombay to learn work. Hemendra told me he would go with him.
P. W.149. Bamandas Mukerjee.―Teacher in Giridhi National School in 1314. Narendra Bukshi and· Krishna Jibon were students there. Narendra from 17-7-07 to 11-4-03 and Krishna Jibon from 8-7-07 to 18-2-07. They were good boys in their classes.
P. W. 150. Kttmud Mohan Dutt.―Present at the search of Barindra Ghose's house on 11th May. Saw him at Sagardari 2/3 months before his arrest.
P. W: 151. Girija Sundar Chakraburty.―Manager of Bande Mataram was manager of Sandhya before it for 2 years. Ex. 1050 "For me thou art not" was never a nickname of Arabinda. The paper ceased and Press confiscated by Govt. Sandhy was not connected with Jugantar or Bandemataram or Navasakti. On Good Friday 1908 Arabinda left for Kishoregunj in Maimensing, on Sunday before 17th April. Abinash went to Manirampur in a Sankirtan party the day before Chait Sankranti.
P. W.152. Debendra Chatterjee.―Realised Municipal Taxes for 32 Muraripukur Road belonging to K. D. Ghose. On 28th March realised taxes, found 2/3 men-one was reading.
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P. W.153. S. I. Promode Mukerjie.―Went to arrest Barindra Ghose to Boral's Kuti in Deoghar on 10th May. He was not there. I arrested him at Sagardari on 14th . Perhaps he said he came home the day before. He wanted to make a statement in train. I took him to Mr. Birley,
P. W 154. Tarapodo Chatterjie.―Produces from Postmaster General's Office Ex. 1069 and 1070 and also M. O. dated 11·4·08 from Baroda for Dikshit to Arabinda-Ex. 1471.
P. W. 155. D. B. Kolhi.―Adjutant of Police Chandernagore. On 11-4-08 went to house of Mayor M. Ta.rdival at 9.30 P.M. He gave me a bomb Ex. 1044. Subsequently brought it to Major Black. It was partially exploded. Mayor stopped a swadeshi meeting on 14th April.
P. W. 156. Gopi Goala.―Constable. On 8th June during' a search in Grey Street a woman threw a bundle of papers from a window. Inspector picked it up.
P. W. 157.-Ram Golam.―Postman, Baghbaziar. 32 Muraripukur is my beat. Saw 10/12/15 men there. Saw Upendra, Barindra and I think Abinash there. I went into the house. Saw Babus eating, reading, bathing &c. and nothing else.
P. W 158. Sub-Ins. Suresh Mukerjee.―Attended a political meeting at Panthir Math, Cornwallis Street called to raise funds in the name of Leakut Hossain. 5000 people attended. I took notes Ex. 91. Hirendra Nath Dutt presided. Arabinda, Abul Kasem, 1.Lalit Ghosal, Samsundar Chakrabarty and Bepin Chandra Pal spoke.
P. W 159. Saroda Charan Sen Gutpta.―Teacher, Jessore Zilla School. Manager of Sandhya for a year in 1907. While press was at 23 Sib Narain Das' Lane two or three issues of Jugantar were printed there on payment of costs. Upadhyaya and Arabinda did not agree in their opinions. There was no connection between Sandhya and,tTugantar and Bande Mataram. Arabinda arrived at Kishoregunj on Saturday after the Good Friday.
P. W 160. Ins. E. B. Huey.-I arrested Sushil Sen on 26-8-07 as he struck me on the neck with his hand and umbrella. Bepin Candra Pal was being tried that day for Contempt of Court in refusing to give evidence against Arabinda. Sushil was convicted on 27 -8-07 to 15 stripes.
P. W. 161. Upendra Nath Bhattacharja.―Brother of Abinash Bhattacharya. Abinash had the Sadhona Press at 41 Champatola Lane, where there was a Mess upstairs. Sailen Bose lived there. Saw Dindoyal there. After he was acquitted and Basanta acquitted he sold the Press. I saw Jugantar printed there, on one occasion.
P. W. 162. Bepin Behary Banerjea.―Two years ago Naren Gossain went with Arabinda Ghose and 2/3 others to Hasnadanga.
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He stayed 3/4 months. A man like the one in photo Ex. 31 was with him.
P. W. 163. Aju Bakar Singh.―Head Constable. 32 Muraripukur is in my beat. Saw 7/8 men there in garua cloths, e.g. Upendra., Nikhileswar, Indra Nundy, Hemendra Ghose, Barindra, Bibhuti, and Poresh. I told them I was Policeman. They said they were sadhus.
P. W. 164. Jagat Singh.―Qn 24th Jan. 1908 attended Political meeting as Police officer at Nasik. Aravinda. delivered a. lecture. I made notes and then a report. Notes marked Ex. 86. I was dismissed on 15th Nov. 1908.
P. W: 165. Malik Fuzle Huq.―Constable. Used to go on rounds to 32 Muraripukur Road. Saw people wearing garua clothes. Saw Upendra, Nikhileswar, Sudhir, Sachindra, Sishir, Nagendra, Ullaskar, Bibhuti, Hemendra, Paresh, Kunjalal and Barindra.. Saw one Bhaba Bhusan Mittra also. A case is going on now against him. I went there 4/5 times. Upendra. said they were sadhus and Police had no necessity to come there. I went there last on the night before the arrest. I was not suspicious. I had no necessity to look at them closely. I saw them doing nothing but reading. I had no object in looking at their faces.
P. W: 166. Ghanesham Das.―I was present at the two searches of Hem Chandra Das' house. I know 15 Bhowani Charan Dutt's Lane. Saw people dressed as sadhus going there. Identifies Debabrata Bose and Indra Nundy. I am not a particular friend of the Police. I lived at Pataldanga and was taken to Hem Das' house by Police at Shambazar.
P. W: 167. Upendra Nath Bose.―Sub. Inspector. I searched 55(3 Grey Street. Ex. 1188 and 1190 were found at the search. I was present also at the search of No. 48 Grey Street.
P. W: 168. Jnanendra Nath Sarkar.― Taranath Rai Chowdhury was my tenant at 4 Raja's Lane. He used to teach my younger brother. He left in March or April 1908. Police searched his room in May. Papers, arms and ammunitions were found all in a box which he brought one day. The box was like Ex. 1447.
P. W. 169. A. P. Elloy.―Ex. 1050 is a telegram sent to office for delivery. I transmitted the message to Benares.
P. W. 170. Patandirt Tewari.―Post-man, Baghbazar office. I delivered letters to No. 32 Muraripukur Road, to Barin Ghosh, Upen and Poresh. I knew Barin as Sukumar. The Babu used to read, write and sit. I did not see Bejoy or Bibhuti there.
P. W. 171. Panna Lall Brahmackari.― Sub. Inspector, attended a political meeting at Chetla on 8th April 1908.
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Brahmo, a lawyer took the chair. Arabinda spoke. Reported the meeting Ex. 90. I wrote search-list at the search of Bijoy Bhattacharya's house on 1st July. Bejoy not arrested that day. I remember looking at a book like Ex. 1210. That day I did not know there were any formulae for bombs in the book. No discussion about any formulae took place there. Did not tell Bejoy that we would come again next day.
P. W. 1'72. Panu.―Worked at a garden next to No. 32. Saw people there. Recognise Barindra.
P. W. 173. Sk. Mobarok Hossain.―Knew Hem Das' house.
Lived near it. Saw men there. Can't recognise any.
P. W. 174. J. W. Turner.―Inspector of Explosives. Took yellow scrapings from the Engine of the L. G.'s train at Naraingarh and also from the rail and made them over to Major Black.
P. W. 175. Saroj Kumar Mozumdar.―Called to prove certain telegram connecting Bhaba Bhusan Mittra-Court disallowed.
P. W. 176. Durga Das Dhar.-Sold 2 bowls on 8th Baisak 1315 like Ex. 392. My shop is at 210 China Bazar.
P. W. 177. Kheman- Dharmasala Chowkidar. ―Muzaffarpur. Ex. 73 is Khudiram's Photo. Ex. 31 and 32 are photos of his companion who stayed at Dharamsala and were there on the day of the murder of the two ladies.
P. W. 178. SK. Methu.―Carriage-driver. I drive carriage No. 366. Once drove a man from Shambazar to Raja's Street, Sova bazar. Another man took down my name and number.
P. W. 179. Ram Lal Upadhya.―Head Constable. Khudiram Bose distributed pamphlets at Midnapur Exhibition of 1905-06. I arrested him but was rescued by Satyendra Bose and others.
P. W.180. A. 0. Amstrong.― Deputy S. P. Nagpur. Searched for Balkrishna Hari Kane but he could not be found. He was produced on 20th July 1908 by Professor Jones of Morris College. I arrested him and sent him to Calcutta. He went voluntarily to Mr. Jones.
P. W.181.Priya Nath Mookerjea.― S. I. Reported a meeting at Beadon Square on 15th Dec. 190'7. Aravinda and Samsundar suggested going to Surat to break up the Congress. Reported another meeting' on 14th Sep. 1907 at College Square where Leakut Hossein presided and Probhas (id) and Lalit Ghosal spoke. I searched 4/1 College Square on 12-12-08 and found Ex. 1473/1 and 1474/1. Arabinda did not speak. His silence showed approval. Notes marked Ex. 103. Arabinda spoke in English. Some one else reported it. I did not listen closely.
P. W.182. N. Sen.-Deputy Magistrate-On 10th June there was an identification in Alipur Jail. 28 accused and 26 prisoners
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were mixed up. Witness Bhubon Das picked out Hem Sen and Puma Sen. Bhubon did not give the names.
P. W. 183. D. Baker.-Manager, "The Englishman." In the issue of the paper of 4th Dec. 1907 there is a paragraph that L. G's. departure from Cattak had been delayed till the 5th inst. Ex. 1010 is a copy of the issue with the para missing.
P. W. 184. Rajendra Ch. Shastri.―Translator to Government.
Translated certain issues of Jugantar e. g.―
18th March 1906 "Suchona" or Introduction Ex .... 1307/1-2.
15th April " ... "A nation's power consists in the strength of its youngmen" ... 1308/1-2.
29th April l "What is the duty of the people towards an oppressive Ruler" ... 1311/1-2.
22nd “ "Admission of Error" and A wakening of power by patriot's blood" ...1309/1-2
13th May "Conflict and Enmity" ...1310/1-2
27th “ "A marhatti Novel in Jugantar" 1312/1-2
17th June "Truth about the essential character of the era" 1313/1-2
24th "What is wanted in Bengal" ... 1314/1-2
1st July "The Shivaji Festival" 1315/1-2
15th “ "Truths about the characteristic features of the era." "Chattra Bhandar Ld." 1316/1-2
29th "A bit of the History of Rungpur.....1317/1-2
5th August "The National or indigenous Council of Education" 1318/1-2
19th "Release of the Editor of Bhala" "The National Council of Education" "whether Council succeed or not depend upon the student population" ... 1319/1-2.
Prospectus of Chattra Bhandar 1320/1-2.
26th "Organisation of Bands" 1321/1-2.
14th Oct "Free Hindi School" "Tying the Rakhi Thread." "There is retaliation for oppression" "Bejoya" 1322/1-2
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21st Oct ,, "War is the order of creation" "Jugantar's National School Hostel" ... .. 1323/1-2.
18th Nov ,, "Past and Future" 1324/1
2nd Dec ,, "Struggle for Independence"... 1326/1-2.
13th Jan. 1907 "Truth about Revolution"... 1327/1-2.
3rd Feb. ,, "Building up of Public opinion"... 1328/1-2.
3rd March ,, "Truth about Revolution," Establishment of Swaraj 1329/1-2.
7th April ,, "Our Present Duty" 1330/1-2.
16th Nov. ,, "Ghosts' Nest", what is the path" ... 1332/1-2.
11th April 1908 "Welcome unrest" present problem ... 1336/1-2.
I also translated articles from the Sandhya. The following are issues of them.-
6th May 1907 "Mother Kali's Bomb" ... 1338/1-2.
14th ,, ,, "Pick up Lathi " " ... 1339/1-2.
15th ,, ,, "Band of Volunteers. Are you dead" ... 1340/1-2.
16th ,, ,, "Worship of Mother Kali in every village" .... 1341/1-2 .
17th ,, ,, "Feringhi's war drum" ... 1342/1-2.
15th June 1907 ,, "Beware while there is yet time" . 1344/1-2 .
24th July .. "Wherein lies our strength" 1346/1-2.
28th Augt ... "Butcher of a Magistrate at Lalbazar"... . .. 1349/1-2.
The following are translations of headlines of articles from the Navasakti.―
7th August 1907 How will the country be routed 1315/1-2
28th Nov. 2nd Dec. Reconciliation is impossible 1352/1-2
26th " Be warned even yet 1354/0-2
12th Nov Power of the people 1360/1-2
I also translated the book in four parts "Mukti kone Pathey" ―"which way lies salvation."
Ex.1479/1-4.Original book 1480.
P. W. 185 I.P.Carroll.-Traffic Inspector. B. N. By. Produces Time table for 1907-08.
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P. W. 186. Sarat Chandra Bhattackarya.―Produces Time Tables of E. E. S. Ry. for 1907-8.
P. W: 187. Charles Christian.―Produces Time Tables of E. I. Ry. for 1907-08.
P. W. 188. Sheik Nawab Jan.―Lived near the garden, 32 Muraripukur. Saw men coming and going there. Can't identify any.
P. W.189. Sheik Ismail-Same as last witness.
P. W.190. S. 1. Chaturvedi R. A. Sarma.―On 30th April 1908 after the Muzaffarpur murder I was deputed to go to Mokama. I dropped two constables at Waini station to arrest two men if found. I stayed at Mokama on 1st May. On 2nd at 10-30 A.M. a train came from Mokama Ghat (that place has connection with Muzaffarpur) and S. I. Nanda Lal Banerjee (since murdered) and another man alighted from the train. Nanda wanted to arrest him. He bolted but was chased and caught by constable Shib Sankar. The man was Dinesh Chandra Roy. He then shot himself. Ex. 1045 is his revolver. He had a ticket from Muzaffarpur to Howrah-Ex. 1045 A.
P. W.191. Alijan.―Driver of hackney No. 494. once drove it from Gopi Mohan Dutt's Lane to 134 Harrison Road in Baisak. The Babu who hired brought out tin boxes Ex. 572, 573 from the house in G. M. Dutt's Lane. Then he brought a bag like Ex. 659 and sat inside. Two Babus came out from 134 and took in the Boxes. When I drove a little another Babu asked where my stand was. Ullaskar brought the boxes with Asoke Nundy. The latter sat on the dickey box.
P. W. 192. 8. I. Sarat Palit.―In January 1908 was enquiring into the Naraingarh incident. I got some information about a Secret Society. On 10th April I was watching the garden. Three men I followed from there to Hem Das' house. Then they went to Howrah Station. They started by the Loop passenger at 5-30 P.M. I and others followed in the train. They got out at Mankandu. I and Suresh Ghose followed them. One of the three separated and . I followed him to Chandannagore. In the dark I missed him. He was Barindra. Next day while returning I saw two of them entering the train at Chandannagore. They got out at Serampur, so did I. They hired a carriage and I did so and followed to Narendra Gossain's house. On the 17th April, I gave names of Barindra Ghose, Sailendra, Dindoyal and Abinash as members of the Society. Barindra and others I followed also from the garden to No.4 Harrison Road and then to 23 Scott's Lane. Another day two men brought a bullock cart to Hem Das' house, loaded same .with 3/4 tin boxes, a wooden box, a hand bag, a leather box and something in a basket. One of the two who looked like a Madrasi went with the cart to 15 Gopi Mohan Dutt's Lane. Two or three men came out, unloaded and took
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in the things. Identifies, Sailendra, Ullaskar, Dindoyal, Upendra, Bibhuti, Barindra, Abinash, Bejoy Nag, Krishna Jibon, Nirapodo, Indu Roy, Hem Das, Paresh, Arabinda; I knew also Narendra Gossain. Got information about Secret Society from an informer in Calcutta. My memory is failing because I am suffering from paralysis. I kept no notes of the watches. I spoke from memory about the shadowing.
P. W. 193. Srimanta K. Das Gupta.―Deputy Magistrate. On 24th July 1908 once went to Alipur Jail to witness identification of accused. 30 persons were paraded in a line. S. I. Suresh Ghose went to identify. He picked out Balkrishna Hari Kane.
P. W. 194. Binode K. Gupta.―Inspector. On 2nd May was present at 48 Grey Street and arrested Sailendra and Abinash downstairs; Aravinda was arrested upstairs. I saw the "Sweets Letter" first on 4th or 5th May at Ryod Street when we were examining documents with Mr. Denham.-Ex. 295. Papers and documents of other places were brought also there and examined. All documents found at 48 were with Mr. Creagan at Jorasanko Thana from 2nd to 4th May. On 10th May I searched Subodh Mullik's house, 12 Wellington Square. Bande Mataram was then printed at 2/1 Creek Row 2/3 houses from No. 12. I found Ex. 1100...,-1123. I saw Ex. 1130 and 1131 among the garden Exhibits. I heard Probha's delivering violent speeches. I was present at several searches of the offices of Juganatar, Sandhya, Navasakti. It would not be correct if Creagan had said that he kept the documents till 11th May.· 'The findings of garden and No. 15 were kept at Park Street Thana.
P. W. 195. Nanda Lal Bagchi.―Deputy Magistrate, Alipur.
Present at the identification in Jail by Alijan on 18th May when he picked out Asoke and Ullaskar.
P. W.196. Narain Chandra Bhattacharya.―Bengali Translator to Government. He translated several articles from the Jugantar and Sandhya.
P. W.197. G. C. Denharn.―D. S. P. Came into touch with the Exhibits of this case from 4th May. Began examining them first documents from 30/2 Harrison Road, then from the garden, 15 G. M. Dutt's Lane, 38/4 Raja Nava Krishna Street, then from" 134 Harrison Road, then from 48 Grey Street at 25 Ryod Street.
I made a full copy of Ex. 295 :―
"BENGAL CAMP, NEAR. AJITS,"
27th . December 1907.
"DEAR BROTHER
Now is the time. Please try and make them meet for our conference. We must have have sweets all over India ready made for emergencies. I wait here for your answer .
Yours Affectionately,
BARINDRA KUMAR GHOSH."
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The letters were in packets which were numbered, not the letters. Not possible to say from notes of the dates of my examination. Findings and supplementary searches of the garden were kept in Waterloo Thana. Some 7 pages of my note-book are torn. They were blank and at the end I had no paper and wanted some.
It would be impossible to say from my notes the dates on which I examined documents of any particular search. I examined those of No. 15 at 25 Ryod Street. Besides garden documents I examined those of Nos. 134 and 38/4 at Park Street. In my book the examination of 48 Grey Street documents rnn from top of one page to a portion of the next. Then there is a break of 8 leaves. Then again it continues . for nearly 9 leaves. The entry about "sweets" letter is in this portion. Portions of entries about No. 48 are after those of No, 134. Some seven pages of my note book are torn.
P. W. 198. Rakhal Das Roy.―Accused Purna is my sister's son. I never saw Purna at the Chatra Bhandar at Midnapur.
P. W. 199. Jogendra Chandra Mandal.― Bolai Gangnly Sub Inspector took lease of No. 24 G. M. Dutt's Lane from my aunt. Last Baisak one morning I saw a man (i.e. Bhababhusan) going out of No. 15.
P. W. 200. Anukul Chandra Roy.―Inspector. Tendered, but not cross-examined.
P. W: 201. Inspector Kunja Behary Biswas.―On 23rd . June searched the house of Surendra Nath Mukerjee at Bankura. Ram Das Chakraburty lived in that house. Hasadanga is 24 miles from Bankura. Narendra Gossain's father has property there. Revolver Ex. 868 was found in the search. Ex. 1063-64 were also found. On Surimdra's hand was a tattoo mark of a sword and trident like the Jugantar crest. Ex. 1065 is a plan and after investigation I found it represents village Gopalpur and Mohont Kirtibash's house.
P. W:. 202. Inspector Samsul Alam.―Assisting the Prosecution throughout. Ex. 231 was a box containing 200 books. Ex. 1408, 1409, 1411 1412-16, 1418-20, 1422-23, 1425-31 were in it. Ex. 541 was originally a bundle of letters. Ex. 1433 and 1434 were in it. In bundle Ex. 538 were Ex. 1436 and 1437. Ex. 1235-1238 were from garden from Ex. 237 .. The search property from Bejoy Bhattacharja's house were taken to 3 Didar Buks Lane on 1st July and I found a red note book containing formulae for explosives and the name C. K. Chakraburty. I went to Mr. Denham and we decided to arrest him next day.
Cross Ezamined by Mr. Dass :―
I was present throughout the enquiry against both batches before Mr. Birley. I was deputed especially to instruct the solicitor
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to the crown. I did instruct him, both in the lower court and here. I also instructed him out of court. I have been present throughout the trial of this court. I know Babu Bijoy Krishna Bose, Pleader, since I was engaged in Mr. Birley's court. He was a pleader engaged there as well as here. I remember when sanction was put in before Mr. Birley on the 18th. I don't remember that Bijoy Babu objected to the sanction on the ground that cognisance had already been taken: there were so many objections throughout. I have not the slightest recollection about it. I don't think the matter was ever discussed: not with me, at least. Ques. With regard to Indu Bhusan, what is the case for the Crown: when did he join the conspiracy ? (Objected to. Disallowed). Ques. When do you say that Upendra Nath Banerji joined the conspiracy ? (Objected to. Disallowed). (Mr. Dass proposes to put an exactly similar question with reference to each of the accused. (Objected to. Disallowed). Ques. Is it the case for the Crown that all the accused joined the conspiracy at the same time ?(Objected to. Disallowed). Ques. Is it your case that the accused joined the alleged conspiracy on different occasions? (Objected to. Disallowed). Ques. I mean is it the case for the Crown ? (Disallowed). (Shown Ex. 12). Ques. Did you instruct the legal advisers of the Crown as to when the various persons joined the conspiracy ? (Disallowed). Ques. Did you instruct the Solicitor or the Counsel as to whether the accused joined at the same time or at different times ? (Disallowed). (Mr. Dass asks if he may ask any question as to the instructions which he gave, or what the case for the Crown is. He is told he may not). I have not a list of the persons alleged by the prosecution to be conspirators. I don't know if such a list was ever made. I did not give any instructions to anyone for such a list being made. Ques. Have you any objection to give the names of persons alleged to be conspirators P (Disallowed. He can only speak as to his own ideas, and those are irrelevant). (Shown Ex. 12). Ques. Taking the statement as a whole, did you give any instructions as to whether the various statements contained in it are true or false ? (Objected to. Disallowed). Ques. Can you say if the statement is true or false P Ans. I don't know. (Passage from confession read-I thought of taking men arrested"). Ques. Is that true or false Ans. I can't say what he thought. I don't know if he began to collect the band which was arrested. I don't know whether he started the "Jugantar" with Abinash and Bhupendra. Ques. Do you adopt that as part of the case for the prosecution ? (Disallowed). (Mr. Das's wishes to know if he can ask questions as to whether various statements in the confessions are part of the case for the prosecution. He is. told he cannot). Ques. How many overt acts do you allege on behalf of the prosecution that the accused persons committed ? (Disallowed). Ques. Or which
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are they? (Disallowed). Ques. Is it the case for the Crown that everyone of the accused is guilty of all the offences charged, or that some one guilty only of the substantive offences and some of attempting or abetting? (Disallowed).
There was a question of jurisdiction raised before Mr. Birley and he .said that (he had jurisdiction and had passed orders transferring the case to his file. I can't say to what order he referred. (Mr. Dass here repeats the question and it is disallowed). I don't know that various applications for bail were made before Mr. Birley. The keys of the boxes, as also of the Court-room, were kept by Anukul. The key of the box was never for a moment kept with a constable. There was no constable of the name of Tewari. The constable to whom you referred, was Mahammad Shukur: he comes to Court every day, being an Orderly to the Court-Sub-Inspector. This is he (shows). It is not a fact that the boxes were opened in all cases in my presence, when the Mukhtars or Pleaders for the Defence wanted to see documents. In some cases, I was there. Ques. Is it not a fact that in your presence the constables sometimes opened it ? Ans. If by "in your presence" you mean―under my supervision―I deny it: but in some cases, the Court-Sub-Inspector made over a key to open the box: in his presence. On many occasions Anukul and his Assistant Binod brought out Exhibits to the Defence Pleaders. Whenever Sukur opened the box, he did it in the presence of one of the Court-Officers. I always saw the key made over to Sukur by Anukul, when Sukur opened the boxes in my presence. Whenever I saw Sukur opening the box, I always saw him get the key either from Anukul or Binod. I swear, I have already taken my oath. Anukul never went out in connection with other cases to my knowledge: he might have. He was absent for 2 or 3 days when ill. I don't remember how many days, it was a few days: may be 6 or 7. I think Anukul was at Court on the day the approver was shot. He must have been there. The day on which the approver was shot, Binod left office in the afternoon and was absent the next day. I swear Anukul was in Court on 31st August and 1st September. (Mr. Das proposes to use petitions put in in Mr. Birley's Court with his orders on them. Mr. Norton objects. Reference may be made to them with the orders on them: the orders prove themselves, but it must be clearly understood that the petitions are no proof of the facts which they state. The Defence must give notice to the Crown of the petitions to which they propose to refer). (Mr. Dass proposes to put in the deposition of witnesses Nos. 141, 142, 147 of the Magistrate's Court to show dates. Mr. Norton says he will admit them to be Puma Chandra Biswas on 10th July, 13th July, Sashi Bhusan on 13th July, and Chandi Charan Mukherji on 14th July: in the case of the first batch. As the dates are admitted Mr. Dass does not want the deposition).
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I got instructions from Mr. Denham about the various documents in this case from the day the evidence began in the "Lower Court up till now. I got them at his private room No.1, Kyd Street. I examined documents in his presence: during the time mentioned by me. That was in Mr. Birley's Court and also in M:r. Denham's room. By Court I mean the room in which Mr. Birley sat to hold his Court, and also his chamber. In the Court room it was not always when the case was going on but also in his absence: but with his permission and in presence of one of the Court officers, Anukul or Binod. In the other room it was in the presence of Mr. Withal, Mr. Denham, and one of the Court officers, Anukul or Binod.
P. W. 203. Ramkumar Singh, Inspector.―I searched on 23rd and 24th June, 1908 the house of the Raja of Ambicanagore in Bankura. Palaram Chatterjee was his servant. Both of them were sent up but for the murder of Narendra Gossain, case was withdrawn. He was the principal witness. Surenc1m Mukerjee and Hamdas were sent up along with them.
P. W. 204. Jadunath Haum.―Daffadar. I know Purna Sen. In Bhadra 1314 Purna came to Chandpur and stayed 2/3 days. On the last day of Bhadra he went to Nadia where his brother is a police Sub-Inspector.
P. W. 205. Bakar Ali.―Inspector. I knew Hotilal Varrma He was tried before the Sessions Judge of Aligarh under sec. 124 1. P. C. He is in jail now. I searched his house and found 6 books Ex. 1503/1-6,.
P. W. 206. Narain Inspector, Bombay. Saw Arabinda in Bombay in January 1908. He stayed 4/5 days. On 15th Jan. he delivered a speech at Girgaum. 5000 people were present. I made short notes and then sent a Report Ex. 80. On 19th delivered another speech and spoke about Swamj, Swadeshi, Boycott and National Education. Ex. 357/a is a photo of G. S. Khaparde, Pleader of Amravati. I took no notes of the meeting of the 19th .
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