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43938
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No. 49.
THE GOVERNOR to THE SECRETARY OF STATE.
(Confidential (A).)
43939
(Received 23rd September, 1915.)
The Queen's House, Colombo, Ceylon, 2nd September, 1915. [Published as No. 16 in [Cd. 8167], January, 1916.]
No. 50.
SIR,
125
Enclosure 2 in No. 50.
The Queen's House, Colombo, 10th August, 1915.
I HAVE the honour to inform you, in reply to your letter of the 26th July, 1915, No. C.R.3256/2/H. (A), that, after consulting the Executive Council, I have decided that the clemency of the Crown be exercised in all the four cases referred to therein.
2. I have commuted the sentence of death passed on Don Leonis Goonetilleke to one of rigorous imprisonment for life.
3. In the cases of (1) Don John Amarasekere and (2) K. D. A. Goonetilleke I have decided that the sentences of death passed on them be commuted to sentences of rigorous imprisonment for fourteen years each, and I have commuted to rigorous imprisonment for five years the sentence of death passed on Don Pieris Goonetilleke
I am, &c.,
ROBERT CHALMERS,
Governor.
CUTIT
PUBLIC RECORD OFFICE
9
Reference :-
CO. 882/10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH--NOT TO
PUBLIC RECORD OFFICE, LONDON
SIR,
THE GOVERNOR to THE SECRETARY OF STATE. (Received 23rd September, 1915.)
(Confidential (B).)
The Queen's House, Colombo, Ceylon, 2nd September, 1915. In continuation of my Confidential despatch of the 28th July, 1915,* I have the honour to inform you that thirteen further capital sentences of field general courts martial have been duly confirmed and promulgated by the Officer Command- ing the Troops. In all these cases I have, with the advice of the Executive Council, decided that the clemency of the Crown should be exercised. I attach copies of two letters to the Officer Commanding the Troops, intimating my decision.
2. A copy of the charges and of the evidence before the court martial in the case of the thirteen prisoners is enclosed.
SIR,
I have, &c.,
ROBERT CHALMERS,
Governor, &c.
Enclosure 1 in No. 50.
The Queen's House, Colombo, 10th August, 1915.
I HAVE the honour to inform you, in reply to your letter No. C.R.3256/2/G. (A), of 29th July last, that, after consulting the Executive Council, I have decided that the clemency of the Crown be exercised in all the cases therein referred to in which sentences of death were passed by court martial.
2. In the case of Don Jacolis Rupesinghe Gunawardene the condition of the exercise of the clemency of the Crown is that he be detained until my further pleasure
as to his sentence be known.
8. I have decided that the sentences of death on Don James Goonesekera, Victor Timoty de Silva, G. A. Romanis Perera, and T. Don Setan be commuted to sentences of rigorous imprisonment for life.
4. I approve the sentences of penal servitude for life on Don Paulu Warusape- ruma and Don David Warusa peruma, to which you had already commuted their death sentences.
5. I have decided that the sentences of death on Vagiraranse and P. Abraham Tissera be commuted to sentences of rigorous imprisonment for life. The sentence of death on P. Simon Tissera I have commuted to one of fourteen years' rigorous imprisonment.
6. I have decided that the sentence of death on K. Sominduwa be commuted to one of rigorous imprisonment for life
7. I approve the sentences of penal servitude for life passed on Ismail Lebbe Jinus Lebbe and Chanda Lebbe Hamidu Lebbe.
The Honourable
am, &c.,
ROBERT CHALMERS,
Governor.
The Brigadier-General Commanding the Troops.
The Honourable
The Brigadier-General
Commanding the Troops,
Ceylon.
Enclosure 3 in No. 50.
COURT MARTIAL-PRELIMINARY PROCEEDINGS.
CASE against:-
1. Don Jacolis Rupasinghe Goonewardena, vidane Arachchi of
Kaluaggala Peruma.
2. Dor James Goonesekera, Notary Public.
3.
Victor Timoty de Silva.
4. Gangodawila Appuhamillage Romanis Perera.
I order that the above-named accused be tried by court martial on charges fol- lowing:-1, treason; 2, riotously demolishing a mosque; 8, riotously demolishing [damaging] a mosque.
5th July, 1915.
CHARGES against :-
Court Martial.
Charge Sheet,
ROBERT CHALMERS,
Governor.
1. Don Jacolis Rupasinghe Goonewardena, vidane Arachchi of
Kaluaggala Peruma.
2. Don James Goonesekera, Notary-Public.
3.
Victor Timoty de Silva.
4. Gangodawila Appuhamillage Romanis Perera.
First Charge. The above-named accused, being persons subject to military law,
are charged with treason, in that they, at Hanwella, on or about the 2nd 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 riotously demolishing a mosque, in that they, at the same time and place, being riotously and tumultuously assembled together to the disturbance of the public peace, did unlaw- fully and with force demolish a place of divine worship, to wit, a mosque, contrary to Section 11 of the Malicious Damage Act, 1861, and Section 41 of the Army Act.
Third Charge.--The above-named accused are further charged with riotously damaging a mosque, in that they, at the same time and place, being riotously and tumultuously assembled together to the disturbance of the public peace, did unlaw- fully and with force damage a place of divine worship, to wit, a mosque, contrary to Section 12 of the Malicious Damage Act, 1861, and Section 41 of the Army Act.
* 38886, not printed.
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