126
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is about four or five miles from Indiriligoda. I left my house at 6.0 a.m. on the 3rd and reached there about 7.0. Coolies were working cutting firewood on the estate. Firewood was loaded in carts. At 2.30 or 3.0 I left the estate with the carts and came to Paiyagala. At Paiyagala I met the retired postmaster, who is a petition drawer after 3.0 p.m. I gave him some firewood. Then I drove my cart to the dis- tillery of Robo Singho, and then went home. Thapanis was on the estate. Singho Appu and Tharalis were the carters. The Moors (witnesses) are angry with me. We have disputes about lands.
Cross-examined: I also petitioned against the Moors. It was during the Wesak of last year. I petitioned against Ossen in regard to an encroachment. Paiyagala is distant about three miles from Magalkande.
Thapanis Appuhamy, affd.
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I work in the estates cutting firewood. I know Duwegoda estate. I know third accused. He has taken a contract to cut firewood on that estate. I am employed by him there. On the 3rd June the third accused came to the estate, I think, at about 10.0 or 10.30. Firewood was cut and loaded into carts. It was finished at about 2.0 or 2.30. I did not see the carts start. The third accused went with the carts.
Cross-examined: I was on the estate when the carts went. The carts were on the road. I was on the estate. The third accused took his meals and said he was going away with the carts. I saw him taking meals. It was about midday. With the coolies I went back to work on the estate. I think third accused went with the carta. After loading he came for breakfast. I do not know if the carts were ready
to start then.
Re-examined: The road is distant about half a mile from the estate.
Singho Appu, affd.
Carter. I remember the 3rd June. On the 3rd June I did not go to Duwegoda estate. On those days I did not go to the estate. I brought firewood for the third Firewood was unloaded at four or five distilleries. . I did not unload at Robo Singho's distillery.
accused.
D. C. Wijesundera, affd.
Ex-postmaster. I know the third accused. I do not remember getting firewood from him.
Prosecution.-Evidence good and trustworthy.
Defence. The third accused attempted to prove alihis, which failed.
A. E. ANDREWS, Major,
Hampshire Regiment, President, Field General Court Martial.
10th August, 1915.
Kalutara, No. 2.--Field General Court Martial. 9th-18th August, 1915.
Prisoners :-
Hewadewage Piloris Fernando and two others.
Charges
1. Treason.
2. Murder.
3. Murder.
Sentences:-
No. 1. Death.
No. 2. Death.
No. 3. Death.
President Major A. E. Andrews, the Hampshire Regiment.
CASE against:-
235
COURT MARTIAL.
Preliminary Proceedings.
1. Hirimbure Gonage Toronis.
2. Nanayakarawasan Sapugahawattege Cornelis, alias Punchi
Appuhamy.
3. Akurugoda Radage Janchi.
4. Nilawasan Bopage Johannes Gunawardana.
5. Kukulevitanage Mathes Appu.
8.
Ambalanduwa Kankanage Aron Appu.
7. Vitarawasan Charles de Silva.
8. James Weerawickreme.
9. Isan de Silva Wijeratne.
10. Sera Singha Hinni Appu.
11. Godage Dionis.
I direct that the above-named accused be tried by court martial on charges following:-1, treason; 2, housebreaking: 3, riotously destroying a building; 4, shop- breaking; 5, riotously destroying a building; 6, riotously destroying a building.
ROBERT CHALMERS,
Governor.
16th July, 1915.
CHARGES against:-
Court Martial. Charge Sheet.
1. Hirimbure Gonage Toronis.
2. Nanayakarawasan Sapugahawattege Cornelis, alias Punchi
Appuhamy, Police Officer, Dedugoda.
3. Akurugoda Radage Janchi.
4. Nilawasan Bopage Johannes Gunawardana, Police Officer, Mitipe.
5. Kukulevitanage Mathes Appu.
6.
Ambalanduwa Kankanage Aron Appu.
7. Vitarawasan Charles de Silva, Police Officer, Godakande.
8. James Weerawickreme, of Dedugoda.
9.
Isan de Silva Wijeratne.
10. Sera Singha Hinni Appu.
11. Godage Dionis.
First Charge. The above-named accused, being persons subject to military law,
are charged with treason, in that they, on or about the 3rd June, 1915, in the district of Galle, 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 house- breaking, in that they, at the time aforesaid, at Labuduwa, in the district of Galle, were members of an unlawful assembly, with the common object of injuring the person and property of His Majesty's Moorish Mohammedan subjects in Ceylon, members of which said assembly did feloniously break into the house of one Magdon Ismail, and did commit felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1861, and Section 41 of the Army Act.
Third Charge. The above-named accused are further charged with riotously destroying a building, in that they, at the time aforesaid, at Labuduwa, in the district of Galle, were members of an unlawful assembly, riotously and tumultuously assembled together to the disturbance of the public peace, members of which assembly did feloniously, unlawfully, and by force destroy the bungalow of one Macan Marikar, contrary to Section 11 of the Malicious Damage Act, 1861, and Section 41 of the Army Act.
Fourth Charge. The above named accused are further charged with shop- breaking, in that they, at the time aforesaid, at Karipitiya junction, in the district of Galle, were members of an unlawful assembly, with the common object of injuring the person and property of His Majesty's Moorish Mohammedan subjects in Ceylon, which said assembly did feloniously break into the shop of one Kolanda Marikar
PUBLIC RECORD OFFICE
Reference :-
CO. 882/10
ALLY WITHOUT PERMISSION OF THE | COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
PUBLIC RECORD OFFICE, LONDON
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