127
PUBLIC RECORD OFFICE
6
C.O.
Reference :-
882 /10
COPYRIGHT PHOTOGRAPH--NOT TO
BF
PUBLIC RECORD OFFICE, LONDON,
ALLY WITHOUT PERMISSION OF THE REPRODUCED PHOTOGRAPHK.-
236
Mammen, and did commit felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1861, and Section 41 of the Army Act.
Fifth Charge. The above-named accused are further charged with riotously destroying a building, in that they, at the time aforesaid, at Hirimbure, 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 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.
Sixth Charge. The above-named accused are further charged with riotously destroying a building, in that they, at the time aforesaid, at Hirimbure cross road, 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 house of one Cassim Marikat Hadji Marikar, contrary to Section 11 of the Malicious Damage Act, 1861, and Section 41 of the Army Act.
HIRUMBURA OR Labuduwa Case, Galle, 3rd August, 1915.
ELEVEN accused produced on remand.
The accused plead not guilty to the several charges against them. All accused except the seventh and tenth are defended.
Mr. V. Grenier appeared on behalf of the Crown.
Casim Marikar Hadji Marikar, sworn.
I live at Karapitiya junction, where I keep a boutique. There are other boutiques. I know the Buddhist temple near my boutique. On the third of June last from morning there was ringing of bells in the temple, from 5.0 till 9.0 a.m. Till about 12.0 noon people gathered there. About 1,000 people gathered. I can identify first, second, third, fourth, fifth, sixth, ninth, and eleventh accused as people who were in that crowd. At about 1.0 p.m. a gang went towards Magdu Ismail's bungalow. The others remained in the temple. I heard at about 1.30 p.m. that Ismail's bungalow was demolished. I closed my boutique and hid in the jungle twenty fathoms away from the boutique. The boutique is within sight. The second, third, fifth, sixth, and ninth accused tried to force open the doors of my boutique That was about 4.0 or 4.30 p.m. There was a big crowd at that time. About six men got inside my boutique from back door and forced open the front door. At about 11.0 p.m. I came to the boutique from the jungle. I found that all the things had been removed. Nothing was done to the boutique. I know some other boutiques were also damaged. I saw the things of Bawa Marikar's boutique being removed. Uduma Lebbe Marikar's boutique was also looted. No boutiques were damaged, but the goods were looted. Three of our boutiques were burnt in the night.
I do not know who burnt the boutiques. Abdul Majeed was with me at the time my boutique was broken into. Uduma Marikar and Bawa Marikar were a little farther away.
Cross-examined: I know the second accused very well. He is the police officer of Dedugoda. There are over seventy-five Moor houses in this village. Only two boutiques were broken there. There are two mosques. The mosque which was burnt in that village was at the junction of the four roads. I know the boutiques at Karapitiya junction. The police officer's division extends beyond the Kara- pitiva junction. Third accused is a dhoby. The other accused are Goigama caste people. I have seen dhobies keeping company with Goigama caste people. The third accused came to my boutique with a crowd. I saw him getting inside my boutique. I know Adirian. I had a litigation with him: Third accused was a witness against me.
That was about five years ago. I did not go I won the case. to Ismail's bungalow. I did not see fourth accused there. I cannot exactly say whether he was there or not. Fourth accused lives about one-and-a-half mile from this spot. I did not see the eighth accused. I saw ninth accused getting inside my boutique. I know eleventh accused. I identified him as the person who came to my boutique first. I know eleventh accused for about ten years.
Cross-examined by seventh accused himself; I heard that seventh accused tried to stop the breaking of the house belonging to me. It was about 2 p.m. Ilduma Lebbe Mariker, sworn.
I have a boutique at Karapitiya. It is near the Buddhist temple. There are other Moor boutiques close by. The last witness has his boutique there. Abdul
237
Majeed also has a boutique. From the early morning till about 11.0 a.m. the bells of the temple were ringing. The result was that there collected a crowd of about 1.000 people. They were all armed with katties, axes, clubs, and other weapons. I saw all the accused except the tenth that morning in the crowd. I know thern all. The crowd went to the temple. At about 11.0 a.m. they proceeded towards Ismail's bungalow. I do not know what happened at the bungalow. At about 2.0 p.m. I heard that the bungalow was demolished. I closed my boutique, and hid in the jungle behind. Abdul Cader and another man was with me. The first witness was a little farther away. I saw these accused getting into my boutique and breaking it. They broke the boutique and looted the things. In the evening at about 4.0 o'clock They forced open all these accused, except the first and the eleventh, were there.
all the boutiques and removed the things. At about 7.0 p.m., each of them brought a torch and set fire to the boutiques. I was in the same place where I was hiding. I did not know what happened at the mosque.
Cross-examined: First accused did not break my boutique. He broke other There are three boutiques, one of which belonged to Kolandar Marikar Mammen. mosques in second accused's village. The damaged mosque is in his village. The second accused is well disposed to our community. He did not do anything, but he was at the head of the crowd. I know the third accused. He is a dhoby. He is a Before this he was a good man. He took quiet man. He went to the temple. part in the damaging of my boutique. Fifth accused's place is about one-and-a-half mile away. Fourth accused lives about one mile away. The boutiques were burnt
Eleventh accused.. at about 7.0 p.m. I have known sixth accused for some time. came with a crowd at about 11.0 a.m. I saw him at the junction. I did not see him doing anything He is an influential man in that quarter.
Cross-examined by seventh accused himself: I do not know whether seventh accused tried to stop the riot or not. I do not know anything about the slaughter of bulls.
Mr. Turner, sworn.
I am Special Commissioner. I was assessing damages and inquiring into damages.
Cross-examined by Mr. Sandrasekara: I did not inquire the names of the rioters. The people had no opportunity of giving me the names of the rioters first. Sembrabara Lebbe Majeed, affd.
I am living in the bungalow at Labuduwa. There are twenty-five rooms in the There was one Nicholas bungalow. I was in the bungalow on the 3rd June last. with me in the bungalow. He is an employee in the bungalow. We heard a noise of "hoo." It was about 1.0 p.m. Hearing the "hoo "-cry Nicholas went towards the I was not alarmed. I came to the roadside. I was taking my meals at the time. compound of the bungalow. I saw a crowd of about 400 or 500 armed. The first First I ran away. and the eleventh said: "Kill the Moors," referring to me. accused chased me for some distance. The second and third accused were also there. I went to the bungalow after a few days. I saw then that the building was damaged and the furniture burnt.
Cross-examined: My house is about half a mile from the bungalow. The second and third accused also came along with the crowd to the bungalow. The first accused had a sword. The eleventh accused had a bottle. I said before the Special Commissioner that eleventh accused tried to beat me with a bottle. I do not know about any litigation between Ismail and eleventh accused. Donage Nicholas, affd.
The son of
I am a mason at Labuduwa. On the 3rd of June last I was at the bungalow At about 12.30 p.m. I of Magden Ismail. Majeed, last witness, was also there. heard a "hoo"-cry. Then I told Majeed to stop in the bungalow, and I went towards the gate. I saw a crowd of about 150 armed with katties and clubs. eleventh accused and another man broke the gate of the bungalow. Then I asked the first accused: "Why are you breaking this, this is in our charge?" Then he said: "This is no concern of that, this is a Sinhalese affair." Then eleventh accused said: "Go away, you mad man; we don't mind anything happening to us after breaking this bungalow." The gate was broken and all got inside the bungalow. I went along the road. I heard the breaking of the bungalow. I went home. I heard two explosions. I saw first, second, third, and eleventh socused. saw many others. After that I saw the bungalow was demolished. It was a very large bungalow.
I