163
PUBLIC RECORD OFFICE
Reference :-
CO. 882/10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Witness: I did not see.
Mr. Norton: You did not say, I said.
Witness: I don't remember.
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Mr. Norton Had Kalidu then told you anything about a motor-car!
Witness: Yes. (Continuing): I did not mention about the motor-car because
I was afraid even to leave my house those days.
Mr. Norton: That is your reason! Witness: I forget.
I have known Hewawitarne personally for some time. That is the man (pointing to accused).
Mr. Norton Are you aware of any extraordinary disfiguration on his face? Witness: Sometimes he shaves himself, sometimes he does not.
Mr. Norton: Is there anything peculiar in his face which other men haven't got? Witness: He had some moles formerly on his face. That I discovered from being in personal contact with him. I have seen him at close quarters, and so has Kalidu. He used to go on my business.
Mr. Norton (after getting accused to stand back): Can you see anything peculiar in his face at that distance?
-Witness: His cheeks are swollen. There is nothing else that I can detect. I have not been frequently in his shop. I used to go formerly. I know the place
inside. I know that this man is a very rich man and that he is a Sinhalese.
did
not visit my place until ten days afterwards, for fear of my life. I am not aware that on the day of the occurrence and shortly after it the streets were in possession of the Town Guard and military. I heard shortly after the occurrence and subse- quently that the locality was in possession of the military, but I did not go there. I did not try to verify that fact by going there.
Mr. Norton: Between the 6th June and the 25th June did you take any steps to verify the truth or otherwise of the statement that this was the man that Kalidu reported was seen at the place?
Witness: Two or three people subsequently came and told me that this was the man who committed the act. I did not find out what the motor-car number was. I asked Kalidu, but he said he did not know. I do not know whether this man is a Wellala; I know that he is a Buddhist. I do not know his caste or whether he is of good caste. Wijesekere was of the jaggery caste, which is a very much lower caste. I estimate my damages at two lacs. On the 6th June I did estimate it at three Rs.30,000 of that was due to Bousted. My stock is not mortgaged at all. I am quite sure. My movables are not mortgaged. The shop does not belong to me. The owner must be asked if it is mortgaged. I am at present indebted to Shaw Wallace for stock to the extent of about Rs.20,000. The debt is not secured except by pre-note. I also owe money on the stock to Darley Butler, about Rs.2,000 or Rs.3,000, more or less It is secured by pre-notes. I also owe money to Francis Stewart and some chetties.
lacs.
The second witness examined by the Honourable the Attorney-General was Abubakker Lebbe Marikar Mohammadu Kalidu, sworn.
I am about 25 years old, and am employed at the Crystal Palace. On the 1st of June I came to open the shop. I got there at about 8.0 o'clock and saw some Sinha- lese people running up and down with clubs. There was a small crowd. I waited there for a while; then I saw crowds gathering little by little. At about 9.0 o'clock I turned to go home, but did not go because there was a very big crowd at Kayman's Gate. I came back and stood near the shop till 12.0 or 1.0 o'clock. I was wearing my fez cap and was on the verandah of a boutique-Mel's boutique. It is on the opposite side of the road to the Crystal Palace. Nothing particular happened between 9.0 o'clock and 12.0 and 1.0. Then a boutique was being broken—a furniture shop near Second Cross Street. I was all the time waiting on the verandah. People were collecting at the junction of First Cross Street. They collected gradually, and there was a large crowd. At about 12.0 o'clock a motor-car came from the direction of Main Street, down First Cross Street. It came and stopped near the Crystal Palace. In order to get near the Crystal Palace it had to get through the crowd near First Cross Street. Then Don Carolis's son and N. S. Fernando's son got down opposite the Crystal Palace. They beckoned with their hands to the crowd, and the crowd came running. When the crowd came they said: "This is a Moorman's Crystal Palace; break it.' These are the exact words which they both said.
I was in de Mel's verandah. They stood just by de Mel's shop, on the road. The crowd broke the planks as soon as they came. Two or three planks fell down.
บ
life.
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Then I ran away to Second Cross Street. I went away before they had finished the looting. I ran away when they broke the planks. I ran away through fear of my ran past the Crystal Palace. After the military came and kept guard I went home. That was about 4.0 o'clock. Till then I was in Second Cross Street. There was a verandah where all stood. I did not go anywhere to see what was the condition of the Pettah, for fear. I do not know when the Mussulmen first began to go about the streets again, because I did not get out. I was indoors. The next time go
went to the Crystal Palace was about the 10th. was afraid. I made my statement to Mr. Allnutt on the 6th.
I did not go before because I Cross-examined by Mr. Norton: I live in Moor Street. It is a continuation of Main Street. Immediately after the occurrence, and repeatedly afterwards, officials came and visited Moor Street. I saw Mr. Allnutt when I gave evidence.
It was
in Moor Street. I do not know at what time the Town Guard and military were in charge of the streets, but shortly after the military arrived I went home. stopped at home because I was in fear of my life. On the 6th I gave evidence. I After I gave evidence also I was at home. I had to leave home on the 6th to give evidence. I walked to the Police Office together with my mudalali and another man named Saleh. I was not molested. The Magistrate did not come to my house
to take the evidence. I went to the Magistrate. I left my house at 8.0 and got there at about 8.30. It is only half a mile away.
I
got there at about 8.15 or 8.30.
Mr. Norton: Do I understand you to say that you could not get to your shop because you saw a large crowd walking up and down Keyser Street!
Witness: I had already come to the shop, but I could not return. I went up to the shop door, but did not open it, because the crowd was there. I was prevented
They
I
by fear. I was very much afraid for my life. I went and stood at the opposite shop-Mel's. After the shop was broken I went to Second Cross Street. came in a motor-car and broke the boutique. After that I went to Second Cross Street, round the corner, on my way home.
At that time I was in Mel's shop. went to Second Cross Street immediately after the motor-car incident. I was in Second Cross Street from about 1.0 or 1.15 till 4.0 o'clock, on the verandah of a coast Moorman's boutique. There was no Sinhalese crowd in that street between 1.0 and 4.0. I did not go home earlier because I was afraid to pass Kayman's Gate. I could not see Kayman's Gate from where I was standing. When I turned off to go home, then I went to Kayman's Gate. I waited from 1.30 to 4.0 in Second Cross Street to see what would take place. When I was told that the people could go about I went home. Between 1.0 and 4.0 there was no Sinhalese crowd in that street opposite my verandah.
I gave my evidence for the first time on the 6th. The motor-car came through First Cross Street junction and turned the corner into Keyser Street. Four persons were in it. The two gentlemen against whom I am giving evidence were sitting at the back of the car. There was another person in front besides the driver, whom I don't know. I have not taken any steps to inquire who it was. accused was sitting on the right-hand side. Both he and the other man got out and The stood on the road and beckoned. In the meantime there had been a crowd of Sinhalese in this street, walking up and down, before the car came. as I am. No one molested me. The verandah at Mel's on which I stood is an open I was dressed verandah almost facing the Crystal Palace. The car arrived between 12.0 and 1.0. I cannot say whether it was nearer 12.0 or nearer 1.0. The coast Moormen said that it was about 12.0 or 1.0. They were in Second Cross Street. I had on my watch. It
was not going at the time. I knew that it had stopped, because I had not wound it. After I went home I wound it.
Mr. Norton: I will read to you what you said about the car on the 6th: "At about 1.0 p.m. that day I saw a motor-car come and stop at the Crystal Palace, with four people in it. The two persons seated at the back seat got down and beckoned
to the crowd to come, and told them to break open the Crystal Palace."
Witness: Yes, I said that.
Mr. Norton: I want to know which of the two men said that.
Witness: Both.
Mr. Norton: Together!
Witness: Yes.
Mr. Norton: At the same time?
Witness: Yes. I was examined again on the 25th, after the arrest of the accused, and gave evidence at Maradana. I said at about 12.0 or 1.0 o'clock a motor-
car came.
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