76
PUBLIC RECORD OFFICE
6
Reference :-
CO. 882/10
| COPYRIGHT PHOTOGRAPH-NUI TO ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC.
PUBLIC RECORD OFFICE, LONDON
Prisoners:-
Charges:-
134
HANWELLA.-Field GENERAL COURT MARTIAL.
15th July, 1915.
1. Tiragandabayalage Don Setan.
2.
Don Paulu Warusa peruma.
3. Don David Warusaperuma.
1. Treason.
2.
Finding :-
Shopbreaking.
Guilty (in all cases).
Sentences:-
1. Death.
2. Death. Recommended to mercy."
3. Death. Recommended to mercy.*
President Lieutenant-Colonel A. G. de V. Chichester, 28th Punjabis.
Case against :---
*Commuted to penal servitude for life.
Vagiraranse.
COURT MARTIAL,
Preliminary Proceedings.
I order that the above-named accused be tried by court martial on charges following:-1, treason; 2, shopbreaking; 8, riotously demolishing a mosque; 4, riotously damaging a mosque.
5th July, 1915.
Charges against :-
Vagiraranse.
-
COURT MARTIAL, Charge Sheet.
ROBERT CHALMERS,
Governor.
First Charge. The above-named accused, being a person subject to military law, is charged with treason, in that be, at Talduwa and at Napawala, on or about the 3rd June, 1915, did levy war against our lord the King, contrary to Section 41 of the Army Act.
Second Charge.-The above-named accused is further charged with shop- breaking, in that he, at the same time and places, in pursuance of the said treason. being a member of an unlawful assembly, with the common object of destroying the property of His Majesty's Moorish Mohammedan subjects in Ceylon, did break into the shops of the various Moorish Mohammedan subjects, and did commit felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1881, and the Army Act, Section 41.
Third Charge.-The above-named accused is further charged with riotously demolishing a mosque, in that he, at the same time, at Napawela aforesaid, in pur- suance of the said treason, being a member of a riotous and tumultuous assembly, to the disturbance of the public peace, did unlawfully and with force demolish a place of religious worship, to wit, a mosque, contrary to Section 11 of the Malicious Damage Act, 1881, and the Army Act, Section 41.
Fourth Charge.-The above-named accused is further charged with riotously damaging a mosque, in that he, at the same time, at Talduwa aforesaid, in pursuance of the said treason, being a member of a riotous and tumultuous assembly, to the dis turbance of the public peace, did unlawfully and with force damage a place of religious worship, to wit, a mosque, contrary to Section 12 of the Malicious Damage Act, 1861, and the Army Act, Section 41.
135
EVIDENCE TAKen at a Field General COURT MARTIAL HELD AT HAN WELLA (GANSAB- HAWA COURT HOUSE) ON 16TH JULY, 1915.
Prisoner :-
Vagiraranse.
M. Don Martinus Gunasekera, sworn.
I
Inspector of Police, Avisawella. On 3rd June I was at Puwakpitiya. I saw a crowd coming from Colombo side at 12.0 o'clock and another crowd at 4.0 a.m.. The second crowd, armed with clubs, etc., was led by this accused, the priest. I have not known him before. I tried to stop them at Puwakpitiya. The priest ordered the people to march. I could not stop the crowd. They broke Moor shop. The accused and crowd went to Avisawella. At Avisawella I wanted assistance of Ceylon Planters' Rifle Corps, who were there to stop the crowd. They had no orders. The crowd went to Talduwa; they broke two Moor boutiques and another house. prevented them from going to the mosque. I left the crowd at half-past 8.0 or V.0 At that time the mosque had not been touched. I saw the crowd again at 11.0. They were coming from Napawela. The priest was still with them. They were going towards Avisawella. On the following day, at Napawela, I saw boutiques burnt down, several damaged, things smashed. I did not see Napawela mosque. About the 4th I saw Talduwa mosque damaged. I know Mr. Drieberg. who was at Avisawella. He also tried to stop the crowd. The accused was in his robes when he was arrested. (Robes produced.) Bertrand Lambert Drieberg, sworn.
Crown Proctor, Avisawella. On the 3rd I was there. I saw a crowd of about 200 that morning at the junction of the road to Ratnapura. They were armed. This accused was the chief man. He had a club. There were the Magistrate and the Inspector. I tried to stop the crowd. The crowd did not stop. It came into Avisawella and crossed over to Talduwa. I and the others followed them. They broke Moor boutiques and looted. The crowd increased to double the number. The crowd assumed a threatening attitude, especially the accused. I came away. The accused was trying to get the crowd through the mosque. I have not seen the mosque. I did not go to Napawela. I did not see the demolishing of the mosque. After I got back I heard an explosion from that direction.
C. Edward Wettesinghe, sworn.
Inquirer into crimes. Live at Avisawella. I saw crowd on the 3rd June. The priest was leading. The crowd went to Talduwa. They broke into a house as soon as they reached the bridge and broke four or five boutiques. I know Talduwa mosque. I saw the following day that it was dynamited. The crowd had been going to Napawela, two miles from Talduwa. I went about ten days afterwards to Napawela. I found there that all houses had been partly damaged and the mosque completely damaged. The crowd came back to Avisawella about midday on the 3rd. The accused and four others were with them. Harry de Mel, affd.
A
testimony
reliable.
Proctor, practising at Avisawella. Live at Talduwa. I saw the crowd on the & Baddhist 3rd coming into Talduwa in the morning. I saw the crowd breaking houses and winese whose boutiques and pulling out things. I found that the mosque was damaged after- appears to L wards. I heard the explosion of the dynamite from the direction of the mosque. entitled the I was 200 yards away. I went to Napawela on the 4th or 5th. I did not see the accused an mosque at all. The crowd went to Napawela. I met it about 11.0 or 11.30. The accused was leading. The Talduwa mosque was damaged, not destroyed. The roof crowd. was not damaged. The
prisoner, affd.
I was going to the Vihare on the 3rd. I know nothing about these charges. My native place is far away. A man like me cannot lead such a big crowd. I am a very poor man, an ignorant man. I have nobody to engage counsel for me. The Government officials accuse me falsely to get good name from Government.
A. CHICHESTER, Lieut.-Colonel.
16th July, 1915.
A very clear case, with practically no defence at all.
16th July, 1915.
A. CHICHESTER, Lieut.-Colonel.
Certified true copy.
L.A. NORTHCOTE, Captain,
D.A.A.G.
the leader of the whole
(Intd. A,C)