919
165
312
Mr. Norton: Did they say it in unison?
The crowd smashed it immediately. There was another crowd on the road, to whom the other shop was pointed out. It was pointed out after the attack on the Crystal Palace began. The order for the second shop was given after the attack on the first shop began. It was not until after that second order and second attack began that the car moved away.
Witness: Before and after. The Crystal Palace was pointed out first.
Re-examined by the Attorney-General: I am fasting to-day; it is the first day of Ramzan. During the month of Ramzan I fast from 4.0 o'clock in the morning till 6.0 in the evening.
Frederic Evan Perkins, Guard, Ceylon Government Railway, sworn.
(To Attorney-General.) I am head guard in the Ceylon Government Railway and on the 1st June was in charge of a train coming from Matara to Colombo. I kept a record of the times of arrival and departure. The actual time of arrival at and departure from the Fort according to the booking should be 10.38 and 10.39, but on that day the train was late. It arrived at 10.56 and left at 10.57. "Hassen Lebbe Mohammado Saleh, sworn.
I was.
I
(To Attorney-General.) I am 28 years old and am a salesman in a shop. live at Urugodawatte Road. My shop is in Keyser Street. My residence is about one-and-a-half miles from the shop. On the morning of the 1st June I left home for the shop. There was rioting taking place. I shut up the shop and remained inside. I opened the shop in the morning at about 6.30, and closed it at about 8.30 or 9.0. I closed the shop except one door, and was looking out. I was in and out standing near the door. There was a large crowd at the junction of First Cross Street. Before this crowd gathered there were crowds going up and down, and some chairs were thrown on the roadside. During the time that the crowd went up and down, till it gathered, there was no damage done in the neighbourhood where Then a motor-car came from the direction of First Cross Street. I saw it come. It came and stood in front of a furniture shop opposite the Crystal Palace. Two persons alighted from it. They beckoned to the crowd, who came up running. Then they pointed to the Crystal Palace. I saw the planks all falling down broken. I saw who were in the car. I knew the two persons before that day. I knew them by sight. I may have had transactions with them, but I don't remember. (On being asked whether either of them was present in the Court the witness pointed to the accused.) He is known as Don Carolis's son. I do not know, his full name. When the planks of the Crystal Palace fell down the crowd smashed up the things and threw them out, When the men got into the car and were coming I got inside. I saw nothing else being done besides the looting of the Crystal Palace. When they were smashing the Crystal Palace I got inside and was there when the motor- car started. They were preparing to start when I got in. I did not at the time see anything done to any other shop in the same street, but I saw subsequently. I saw M. M. H. Cassim's shop broken.
Cross-examined by Mr. Allan Drieberg: I have been a salesman in Keyser Street for about two-and-a-half years since I opened my shop there.
I was a partner. I know the big shop of Don Carolis's, and who the principal men in it are. This is one of them (pointing to the prisoner). I speak of him as Don Carolis's son, and anyone would understand to whom I refer. I was examined for the first time in the Police Court. My evidence was first taken in New Moor Street on the 6th. I have to pass New Moor Street to go home. I had not met Kalidu at any time before I gave evidence before Mr. Allnutt on the 6th. Yoosoof called me to give evidence before Mr. Allnutt. He said he was going to file an action and asked me to come. I mentioned to him on the day of this occurrence what I had seen. I mentioned the fact of these two men having instigated the rioting. I mentioned them as the sons of Don Carolis and N. S. Fernando. I knew what the charge was that was being brought by Yoosoof when he was summoned by Mr. Allnutt to give evidence. I told Mr. Allnutt that I had seen Don Carolis's son and N. S. Fernando's son instigating the rioters.
Mr. Drieberg: Let me tell you that you said nothing of the kind. I will read your evidence
(Reads): "At about 1.0 p.m. on the 1st instant, while standing on the front of 41, Keyser Street, I saw a motor-car come and stop in front of the Crystal Palace. I saw two persons get down from the back seat of the car and beckon to the crowd which was at the junction. The crowd came behind the car and close to it. I saw the two men who got down from the car. .
*
I can
identify these two men. I have seen them before at their shops, that is to say, N. S. Fernando's and Don Carolis's shops. One of these two men has scars or wrinkles.
I have seen him at Don Carolia's shop. I saw the looting of the Crystal Palace begin. I saw the doors and windows being broken. Then I shut myself up." Not
a suggestion of your knowing their identity.
Witness: I do not know, that Yoosoof wanted to secure the conviction of two definite individuals. I stood about twenty-five fathoms from where the motor-car was. (On being asked to indicate the distance, the witness said it was about the same as from the spot on which he was standing in Court to the other side of the road where carts were passing.) That is the distance between the shop opposite the Crystal Palace and our shop. Recently I have been following my ordinary busi- ness in this locality for some weeks past. I did not notice that the ground there had been surveyed and measured by a surveyor recently. I did on the day of the riot notice the scars and wrinkles on the face of one of the two men. Before being taken up to Mr. Allnutt I did not mention to anyone that I had seen these two leading Sinhalese gentlemen inciting the rioting, apart from the complainant Yoosoof. did not form the subject of conversation between me and any Moorman. attending to my business. Yoosoof is not a prominent man in our community, but he is trading. There are several bigger shops than his in the Pettah, O. L. M. Marikar's, for instance, in Third Cross Street. Yoosoof did not tell me on the 6th, when I was being examined in New Moor Street, what witnesses he had of the out- rage on his shop, nor did I ask him. I had my own interests. I did not see or meet
It I was
any other persons who told me that they were witnesses of this occurrence on the 6th. I was not at one time employed at the Crystal Palace. Abdul Rahiman, sworn.
(To Attorney-General.) I am a salesman in M. M. H. Cassim's shop. I remember the morning of the 1st of June. I went to my shop, which is opposite the Crystal Palace. A motor-car came at noon, when the sun was very high. Carolis's son and N. S. Fernando's son were in it.
Don Carolis's son.) They alighted from the car. Then I heard a noise, and a crowd of (Points out accused as Don people came, with clubs and sticks and alavangoes, from the junction of First Cross Street. I noticed a crowd at that junction before the car arrived. heard was the shout: "This is a Moorman's boutique; break it," and they pointed The noise I to the Crystal Palace. It was a loud shout. The crowd broke the shop. The accused was standing there when the crowd came with crowbars and other weapons and broke open the shop. Don Carolis's son and N. S. Fernando's son made the cry:
"Break open the shop."
The Attorney-General: Did they do anything at the time they made the cry? Witness: I heard what they said.
The Attorney-General: Did they do anything?
Witness: At his words they went and broke the shop.
The Attorney-General: At his words did they do anything?
Witness: They did nothing else. They pointed to the Crystal Palace and said: "Break it."
The Attorney-General: Did they point to any other place! Witness: Yes, to M. M. H. Cassim's boutique also. Then it was smashed up. They pointed to no other place. raised the shutters, and allowed the people to enter
When they came to my shop they broke the lock, I was standing on the verandah
of a store with iron railings, opposite. The iron railings would have protected me from the crowd. After they broke open the shop they looted it. I got frightened, and went through Second Cross Street to Main Street. mentioned the occurrence to my master.
Three days afterwards I
Cross-examined by Mr. Allan Drieberg: I fixed the time, 12.30, by the sun, which was at its height. I did not send a telephone message to my master, Mohamed Cassim. I am sure of that. Mohamed Cassim lives in Colpetty. On that day I told the son. I telephoned to him from Main Street to Colpetty. There is a tele- phone in Moharned Cassim's nephew's (or son-in-law's) house, two doors next to Cassim's house. Cassim's son lives with him. I telephoned to the nephew (or son- in-law), who sent for the young man and told him. Street at about 4.30 p.m. Four days after I went back to Cassim's shop.
I telephoned from Bankshall did not start thereafter. I met Cassim three days after the 1st of June, and con- Work tinued to meet him regularly after that. I told him all that I knew about how the riot originated. I told him on the third day after the riot. That was the first
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