CO882-10

PUBLIC RECORD OFFICE

Reference :-

C.O. 882/10

PUBLIC RECORD OFFICE, LONDON |

ALLY WITHOUT PERMISSION OF THE REPRODUCED PHOTOGRAPHIC.-

CHARGES against:

COURT MARTIAL.

Charge Sheet.

1. Diyunuge Edward Henry Pedris.

2. Namunidewage Albert Wijesekera.

3. Namunidewage Edwin Wijesekera.

First Charge. The above-named accused are charged with treason in that they, at Colombo, on or about the 1st June, 1915, did levy war against our lord the King, contrary to section 41 of the Army Act.

Second Charge.-The above-named accused are further charged with shop- breaking in that they, at the same time and place, in pursuance of the said treason, were members of an unlawful assembly with the common object of destroying the property of His Majesty's Moorish Mohammedan subjects in Ceylon, which assembly did break into the shop of one S. L. M. Mohideen, and did commit felony therein, to wit, larceny, contrary to section 56 of the Larceny Act, 1861, and section 41 of the Army Act.

CHARGES against:-

COURT MARTIAL.

Charge Sheet.

Diyunuge Edward Henry Pedris.

First Charge. The above-named accused is charged with attempting to murder in that he, at Colombo, on or about the 1st June, 1915, did shoot at divers of His Majesty's subjects with intent to murder, contrary to section 100 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Second Charge.-The above-named accused is further charged with wounding with intent to murder in that he, at the same time and place, did wound one Don William Seneviratne, police constable No. 1335, with intent to murder, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Third Charge. The above-named accused is further charged with wounding with intent to do grievous bodily harm in that he, at the same time and place, did shoot at one Don William Seneviratne, police constable No. 1335, with intent to do grievous bodily harm to the said Don William Seneviratne, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

CHARGES against::

COURT MARTIAL. Charge Sheet.

Namunidewage Albert Wijesekera.

Second Charge. The above-named accused is further charged with wounding with intent to murder in that he, at the same time and place, did wound one Muham- madu Satuka Tulla, with intent to murder, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Third Charge, The above-named accused is further charged with wounding with intent to do grievous bodily harm in that he, at the same time and place, did shoot at one Muhammadu Satuka Tulla, with intent to do grievous bodily harm to the said Muhammadu Satuka Tulla, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Fourth Charge. The above-named accused is further charged with wounding with intent to murder in that he, at the same time and place, did wound one Meera Saibo Muhammadu, with intent to murder, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Fifth Charge. The above-named accused is further charged with wounding with intent to do grievous bodily harm in that he, at the same time and place, did

shoot at Meera Saibo Muhammadu, with intent to do grievous bodily harm to the said Meera Saibo Muhammadu, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

CHARGES against

COURT MARTIAL. Charge Sheet.

Namunidewage Edwin Wijesekera.

Second Charge.-The above-named accused is further charged with wounding with intent to murder in that he, at the same time and place, did wound one Kachchi Marikar, with intent to murder, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Third Charge. The above-named accused is further charged with wounding with intent to do grievous bodily harm in that he, at the same time and place, did shoot at one Kachchi Marikar, with intent to do grievous bodily harm to the said Kachchi Marikar, contrary to section 18 of the Öffences against the Person Act, 1861, and section 41 of the Army Act.

Fourth Charge.-The above-named accused is further charged with wounding with intent to murder in that he, at the same time and place, did wound one Muhammadu Sleman, with intent to murder, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

Fifth Charge. The above-named accused is further charged with wounding with intent to do grievous bodily harm in that he, at the same time and place, did shoot at one Muhammadu Sleman, with intent to do grievous bodily harm to the said Muhammadu Sleman, contrary to section 18 of the Offences against the Person Act, 1861, and section 41 of the Army Act.

COURT MARTIAL.

Two good

Slave Island, 1st July, 1915. Charles Brooke Elliott, sworn.

Corporal, Colombo Town Guard. Arrested the first accused, D. E. H. Automatic Pedris; searched his house and took the arms found and handed them to the Inspector pistols and General of Police.

Peter Bernard David, sworn.

Police constable. I was on duty in front of Pedris's shop. I saw a motor-car coming, and stopping near the shop. It came from the Fort direction. I nized the first accused, Pedris, in the car.

recog- I saw him firing at the Moors in the Second Cross Street. He was firing from behind a post in front of the shop. I was near. It was about 12 noon. I did not see the shop of Mohideen being broken by the crowd. I saw the crowd.

Cross-examined: The Moors also were armed with stones and clubs. I did not see Moors climbing the roof. The nearest Moorman was about thirty yards from Pedris's shop. I did not see Moors pelting stones at the motor-car. I am a Burgher. The Moors were listening to what we said. I know when Inspector Loos came. Arthur Stewart de Winton Loos, sworn.

Sub-Inspector of Police.

On the morning of the 1st I was on duty at Pettah. There had been riot that morning from 10 o'clock. I was at Front Street and Main

Street. I saw a mob in front of Pedris's shop about 10.30. There was firing and throwing of stones at Moors. There was a Mohammedan shop looted. I saw the first and second accused there with the crowd. I know the first accused, Pedris, well. I do not know the second and third. I know them by sight. The Moors were blocking the approach to the mosque. The first accused, Pedris, was firing at the Mohammedans from the pavement. The Moors were at the junction about thirty yards from Pedris's shop.

Cross-examined: Both the crowds were exchanging missiles.. I did not see any- one on the roofs. Stones from the Moors could have struck anyone provided he was

one pistol out of order.

(R.L.M.W.)

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CILIT

PUBLIC RECORD OFFICE

Reference :-

CO. 882/10

ALLY WITHOUT PERMISSION OF THE BF REPRODUCED PHOTOGRAPHIC.

PUBLIC RECORD OFFICE. LONDON

I did not speak in the road. I do not think there was danger to the shop of Pedris. to the first accused. I saw no weapons in the hands of the second accused. I did not see the third accused.

Muhamadu Satuka Tulla, sworn.

I live in Second Cross Street, Kanakapulle. On the 1st June there was rioting There was a crowd in Main Street. I saw the shop of Mohideen, which was broken into and goods removed. I went to see the breaking. I saw these three accused there. The second accused, N. A. Wijesekera, shot at me from a distance of about twenty fathoms. The shop was broken before the second accused fired at me. The first and second accused said Drag and take out." The crowd took the goods from the shop and ran.

Cross-examined: I did not complain at the police before appearing before Mr. Allnutt. I went to the Main Street to see the rioting. There were about ten or twelve on the opposite side of Pedris's shop. They were not armed. I was about I was not asked about the first accused twenty fathoms away when I was shot.

or not.

at the last inquiry. I do not know if the shops next to Pedris's shop were looted The first and second accused said to the crowd, "Take out the goods." I am thirty-five years in the Pettah. I did not see any Mohammedan armed. I did not see any Mohammedans throwing stones. I know the second accused. I have not spoken to him. I know the third accused, N. E. Wijesekera, well. I call him as one of N. S. Fernando's sons. At the last inquiry before Mr. Allnutt on the 5th I said that N. S. Fernando's son and Pedris's son were there. The firing was between 10 and 11. I do not know the arrest of any one of the accused. Mira Sayipu Muhamed, affd.

Cook. Live in Second Cross Street. On the 1st June I was in my boutique. which is on the mosque side. It is between the Main Street and the mosque. Sin- halese assaulted us. We chased after them and returned. They came back, and broke Mohideen's shop. I was shot at my leg by the second accused, N. A. Wijese- It was after kera. I saw the shop being broken. I was in Main Street. Mohideen's shop was broken that I was shot.

About thirty Cross-examined: When we chased the Sinhalese we had no arms. of us were opposite Pedris's shop. We were at the junction. At the time Mohi- deen's shop was being looted I was shot. We were just in front of the shop which was looted. There was nobody on the roof. When I tried to raise Satuka Tulla I He was again shooting. Then I I saw second accused shoot at me. was shot. went running, limping. I did not see anybody else shooting. I gave evidence on the 5th with Satuka Tulla before Mr. Allnutt.

Muhamad Satuka Tulla, recalled.

On the 5th June I made a statement before Mr. Allnutt. Cross-examined. I saw Pedris's son, first accused, also.

gave

evidence twice. I did not see a revolver in his hand. I did not see him shoot. As soon as I received the shot I ran away. Muhammadu Sleman, affd.

Gilder. Live at Second Cross Street. On the 1st June, in Main Street, when I was standing about two or three shops after mine, I was shot. The first and third accused shot at me. The third accused shot at me first. The shot by the third hit me. The first accused, Pedris, had a pistol in his hand, and instigated the crowd to lpot. He did not shoot at me. He pointed at Mohideen's shop and asked the crowd to loot. I saw them coming in a motor-car. Many people, went in and out of the glass-plated shop...He was fifteen or twenty yards away from the shop when he shot

at me.

Cross-examined: I know the last witnesses were shot. I was shot after they received shots. I did say to Omer that the third accused, N. E. Wijesekera, shot -that I told Inspector that Pedris's son and N. S. Fernando's son. shot at me, third accused shot me, and first was with him.

at me.

Don William Seneviratne, affd.

But we

Police constable, 1335. I was not on duty then. On the 1st June I was in going on Main Street, near Pedris's shop. When I was on duty there were some people near

(R.L.M.W.)

Pedris's shop and more people at the junction of the Second Cross Street. I saw the first and second accused coming in a car. They incited people to throw stones at

Moors. They did not go into the shop of Pedris. They were standing in the street. I did not speak to them. The Sinhalese threw stones at the Moors. shop was broken by the Sinhalese.

Mohideen's I was shot by the first accused, Pedris. second accused also fired.

The Two people were shot by him. I know it as I was standing in front.

Cross-examined: When the Moors came towards the side of Pedris's shop they were fired at. The Moors retaliated by throwing stones at the Sinhalese when the Sinhalese threw stones. The Moors had no bad weapons. I come to duty at 9 o'clock. About 11 or 12 I was injured. I did not hear any firing before 11. Sleman and another were shot by the second accused. Mohamad Abdul Rahiman Seyid Omer, affd.

Jeweller. On the morning of the 1st I was in Main Street about twenty fatheins from Pedria's shop, near Second Cross Street junction. I saw the shooting. first and second accused shot. I know both of them. They shot at three people. I The saw the third accused in the crowd. They incited the crowd to break Mohideen's shop.

Cross-examined: The Moors had stones. The first and second accused shot at

Sleman.

Re-examination: I did not see Mohideen's shop being looted. was broken.

Muna Kana Abdul Cader Ismail, affd.

I saw it after it

Kachchi Marikar employee. I saw third accused shooting at Kachchi Marikar

Seku Myina Marikar, affd.

Copra merchant in Second Cross Street.

saw the shooting in Main Street.

I was in my boutique on the 1st. I

I saw the first and second accused shooting.

did not see the third. I was in the junction when the shooting took place. I do not know Mohideen's shop. I heard that the shop was looted. they were breaking the shop. After the shooting I ran.

When we were there when the breaking took place. I heard the first and second accused tell the crowd The Moors did nothing to break the mosque of coast Moormen.

Cross-examined: From a little distance from Pedris's shop the first accused shot at the Moors in the junction. Only one fell down. Mohideen's shop. I do not know what the shop contained. Sleman and Kachchi I did not see the looting of Marikar were injured when the first and second accused fired. third while the firing took place.

I did not see the

Pakir Ahamadin Carim Nassib, affd.

I was on duty in Main Street on the 1st June. I saw a mob pelting stones opposite Pedris's shop. The motor-car came and stopped opposite Pedris's shop. I only noticed the second accused in the car. They got down. They were ordering the crowd to throw stones at the Moors in the junction. I did not see the looting of Mohideen's shop. They said. "Go on, assault." myself and the shop. The Moors also were pelting stones, and came forward. When There was a large crowd between they were firing they got back. I arrested the second accused and gave in charge of Town Guard. I saw a revolver in the second accused's hands.

Cross-examined: I am a Mohammedan. I cannot say whether the shop was looted after the motor-car came or before, because there was too much of the crowd. On both sides there was pelting of stones and bottles. because of the crowd. I saw no weapon in the hands of the second accused.

I could not find who shot half-past 11 there was firing. The whole incident took about half-an-hour. I saw Inspector Peiris between half-past 11 and 12

Madar Lebbe Mokamadu Sali, affd.

About

On the

Jeweller. Live in Messenger Street, and my shop is in Main Street. 1st June I was in Main Street, I saw some people coming from Pedris's shop and breaking Mohideen's shop. These accused were there. I can see Pedris's shop from mine. I did not see them coming in a motor-car. There was throwing of stones on both sides. The accused did not go to Mohideen's shop. I do not know what they said. They made motions with their hands. I do not know what those motions meant. Afterwards there was firing. I did not see the third accused.

Cross-examined: I did not see who fired.

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