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138
Cross-examined: On the 1st June I went to Colombo for a case in the police court. I came back to Nawagamuwa about 3.0 o'clock. I discovered there was trouble in Colombo. On the way as far as Kaduwela I saw crowds. There are two Moor boutiques in Nawagamuwa. My brother was not with me that day.
The second prisoner, affd.
I
On the 1st I did not join in the riot. It is not true that I was in the cart. was in my betel enclosure. I am a brother of the first accused. I was charged in Avisawella as being a member of an unlawful assembly at Hanwella. Vidane Arachchi of Hanwella gave evidence against me. All the accused in that case were acquitted except the second. Hanwella police vidane refused to give evidence. He
gave evidence against the first accused. Arnolis was also acquitted.
16th July, 1915.
Prisoners:
Charges:
Quite clear evidence for prosecution.
The evidence for defence was practically nil.
A. CHICHESTER, Lieut.-Colonel. opy.
Certified true copy.
A. NORTHCOTE, Captain,
D.A.A.G
HANWELLA.-Field General Court Martial.
15th July, 1915.
1. Palihenage Abraham Tissera.
2. Palihenage Simon Tissera.
1. Treason.
2. Shopbreaking.
Finding :-
Guilty (in both cases).
Sentences:-
Death (in both cases).
President: Lieutenant-Colonel A. G. de V. Chichester, 28th Punjabis.
CASE against:
Court MartIAL.
Preliminary Proceedings.
Kandaripedige Sominduwa.
I order that the above-named accused be tried by court martial on charges following:-1, treason; 2, wounding with intent to commit murder; 3, wounding with intent to do grievous bodily harm.
6th July, 1915.
CHARGES against :-
COURT MARTIAL. Charge Sheet.
Kandaripedige Sominduwa.
ROBERT CHALMERS,
Governor.
First Charge. The above-named accused, being a person subject to military law, is charged with treason, in that he, at Walgama, 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 is further charged with wounding with intent to murder, in that he, at the same time and place, in pursuance of the treason aforesaid, did feloniously and unlawfully wound one Samsideen Lebbe Hamidu Ali, with intent to commit murder, contrary to Section 14 of the Offences against the Person Act, 1861, and the Army Act, Section 41.
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, in pursuance of the said treason, did feloniously and unlawfully wound the said Samsideen Lobbe Hamidu Ali, with intent to cause grievous bodily harm, contrary to Section 18 of the Offences against the Person Act, 1881, and the Army Act, Section 41.
139
EVIDENCE TAKEn at a Field GENERAL COURT Martial held at Hanwella (Gansab- HAWA COURT House) on 16TH JULY 1915.
Prisoner :-
Kandaripedige Sominduwa,
Prosecution opens.
Samsideen Lebbe Hamidu Ali, sworn.
Live at Walgama. Trader. On the 2nd June boutiques were looted by a crowd at 2.0 or 2.30 p.m. The crowd came from Bayagama side, led by vidane Arachchi, schoolmaster, accused, and others. I told the vidane: "Don't allow them to assault us; you may take our things." This accused said: "Use dynamite, burn houses, and kill all the persons," and incited the crowd. I received gunshot. I was facing the crowd when I was injured in my arm. When I turned I received wounds in the leg. The accused had a gun. I believe the wound I received when I turned was shot by the accused. I did not see him shoot. The crowd had about four or five guns. There might have been ten or more. When I received wounds I went behind into the jungle. Then there was a fight between the Sinhalese and the Moors, and the Moors ran away when the houses were set on fire. They destroyed many houses. I heard explosions, but I did not see dynamite being used.
I gave evidence at court martial at Weke against Biyagama vidane, gurunanse (school- master). I said there that one shot was fired by gurunanse and the other by this accused. The first shot I received was by gurunanse. I believe the second shot was fired by the accused.
Mohammadu Salim, sworn.
Live at Walgama. On the 2nd June a crowd from Biyagama side, led by the accused, gurunanse, and others, came. The last witness, Ì, and about ten others went up and told them: "Don't kill us, do not injure our children, do not damage our houses. You may take our things." This accused said: "There is no longer English Government. Now our Buddhist Government. Dynamite the buildings and set fire to the cadjan buildings." We went back. We heard shots being fired. The last witness was wounded in the leg. I turned and saw a gun in the hand of the accused. We ran away. I heard about three or four shots at that time. There was a pistol shot also fired in his arm. It was shot by gurunanse. I saw it. Tt was before he received the shot in his leg. People began to set fire to houses, and there was a din of noise. The crowd came at 2.0 and went at 4.0. I
gave evidence
in court martial at Weke. I gave same evidence there also. I gave the name of Correct evi the accused there in that Court. I did not see this accused firing. I saw him dence was keeping a gun on the ground vertically.
T. G. Willet, sworn.
that witnes
saw accused
lowering his
gun which was smoking.
On the 10th June, at Walgama, evidence was recorded by Mr. Brayne. Witnesses (Intd. A. C.) stated that accused had a gun.
I went with three Punjabis and searched about eight houses. One of those houses is this accused's. I searched his house, and he was not to be found,
Hewa S. Salonshiya, affd.
On 2nd June I saw the accused. He came to my garden at 2.0 o'clock. Children also came.
He also helped the Moors. Hewapedige Sahinda, affd.
Not of much
On the 2nd, when there was a crowd, I called this accused and asked him to help us. On the following day he plucked jak fruit and gave us. It was at 9.0. value Moor people came crying, and this accused help us. The accused is not related (Ind. A. C.) to me.
Proluntina, affd.
Wife of accused. On the day of the riot crowds came from Biyagama side. There was trouble. My husband was at home. My husband, myself, and children got into the jungle and remained there till dark.
Cross-examined: When the Sinhalese gathered we got frightened. There was no talk that Moorish houses were broken. The Moor boutiques are about quarter of a mile from our house.
16th July, 1915.
A. CHICHESTER, Lieut. Colonel.