327
172
TUTII
PUBLIC
RECORD OFFICE
Reference :-
C.O. 882/10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
326
(To the Court.) I left Don Carolis's at about 11.15, therefore I got there about 10.15. During the time I was at Don Carolis's I did not hear any noise at all, neither when I left nor when I came. Between 10.15 and 10.30 I did not hear or notice any noise, nor at 11.15.
sworn.
George Theobald Pieros, Fietor and own several lands in the Marawila district.
I
am also a merchant carrying on business in Colombo. I import liquor. I remember the day of the rioting in Keyser Street-1st June. On that day I went to Don Carolis's shop, walking. I was going towards Main Street. I was walking towards the north. I reached the shop some time before 12.0 o'clock. It must have been about a quarter to 12.0. I was alone. I was going to Main Street to see my rice merchant. I was not going there for the purpose of going into the shop, but I went into the shop because I could not go any farther on account of the rioting. There was a large crowd in the street as far as the Keyser Street junction. The crowd was in Keyser Street towards the Crystal Palace. I saw a crowd there at that time. In consequence of that I did not go any farther. I was afraid to go farther because the people were throwing stones, so I turned back and got into Don Carolis's shop. The accused was there. He was in the showroom when I entered. I did
I saw his brother, the doctor, who spoke to me. not speak to him.
I remained in the shop till about some time after 1.0 o'clock-about an hour. It must have been about 1.30. During that interval the accused was in the shop. During that interval a European gentleman and lady came in. I do not know their names. They spoke to the accused. I saw that European gentleman here yesterday. When I left the shop I went back to my office. I did not go up to the north to see my rice merchant. Coming out of the shop I turned to my right and walked down. There was not much of a crowd near the Cross Street. I came back again about 3.30, walking. I entered the street in the same way. I saw the doctor and Edmund Hewawitarne standing on the verandah of the shop. I went up and spoke to them. I saw the Town Guard at the junction of Keyser Street. They would not let me pass. I never got to my rice merchant's.
Cross-examined by the Attorney-General: I live in Bambalapitiya.
I came to the Pettah by rickshaw all the way from Bambalapitiya. I have no fixed hour for breakfast. Sometimes I breakfast before I leave home, sometimes not. I had breakfast that morning before I left. I started from Bambalapitiya before 11.0 o'clock. I remember that, because I came into the office at 11.0 o'clock that day. started before 11.0. I remember that I came into the office before 11.0 because I wanted to buy some rice that day for my estate and wanted to get it loaded early, so I came in pretty early. I spent the time between 11.0 and 11.45 in the office. I fixed 11.45 as the time I reached Don Carolis's shop because I took my breakfast that day in the office. I did not take my breakfast before I left. I came early. I spent about half an hour or so at my breakfast. On ordinary days it would not have taken me five minutes to get to Don Carolis's. As the crowd was so great I went slowly. The crowd was very dense. My office is in Norris Road. going to Main Street. I never got there. I may have got to my office after 11.0 and
to Don Carolis's at 12.0.
I was
The Attorney-General: It is impossible to say so with precision? Witness: No, because I came there early. I was certain, because I started early. On other days I generally start at 12.0 o'clock; sometimes at 11.30, sometimes at 8.0 o'clock. It depends on the work I have got to do. I generally drop into the office first before going out. As I passed I saw rioting actually going on in Keyser Street. I saw the Crystal Palace. They were throwing stones, and running away with property from there. That was, as near as I can fix, about 11.45. I could not say what time the Crystal Palace was broken into. I did not form an idea how long it takes to smash a boutique. I have not seen a mob dealing with a shop. I do not know how long it takes for a mob to loot a shop.
(To the Court.) I arrived at Don Carolis's at about 11.45 and left at a little after 1.0. I saw the accused the whole time; he was in the show room.
I am sure he was there the whole time. I saw him. I never went into his office. I do not know when he went for breakfast. I did not see him at his breakfast. Jacob Moonesinghe, affd.
I am the manager of the accused's firm. 8.0 o'clock in the morning.
I generally go to office at about On the 1st of June I went to office at that time. accused came to the office on that day after me. He arrived at about 8.80.
The
The
front portion of the shop was protected with sheets of galvanized iron. They were to protect the thick glass windows. It was done immediately after Mr. Hewawi- tarne came, on his orders. I know Mr. Carron. I saw him there that day. He came to buy some floor tiles; I saw him selecting them. He came at about 10.30, and was served by Mr. Hewawitarne. Mr. and Mrs. Maddock also came that day. Mr. Hewawitarne served them. I sit in the same room as the accused-to his right, just a little behind him, about three feet apart. We were using a former part of the show room as our office. The windows of that room do not open. I generally breakfast in the office. My ordinary hour for breakfast is 12.0 o'clock. I took breakfast that morning there. The accused breakfasted there that day. Besides we two there was Mr. Jayasinghe, the bookkeeper. Breakfast took place that day a few minutes after 12.0 and lasted for about half an hour. I saw Mr. Pieris that day. I saw him about twice. On the first occasion that he came it would be shortly before 12.0. I do not know how long he stayed. I went for my breakfast whilst he was there. The accused also went for his breakfast whilst he was there. He had no business in the shop; he placed no orders that day; he bought nothing. During that interval the accused did not at any time leave the shop in a motor-car, not between 8.30 and 1.30.
Cross-examined by the Attorney-General: I am a busy man in the shop. The Attorney-General: It will be impossible for you, if I ask you now, to say whether, on the day before the incident, your principal left the shop in the course of the morning? You are a busy man and he is a busy man. I think there is the Maha Bodi Press across the way, which requires occasional visits. He may have to go to some other place of business. You cannot tell now whether on the 31st May he left the shop at all that morning?
Witness: This was a particular day.
There was an impression left on my mind, as the riots were going on, so I remember everything; in fact, I could remem- ber everything that happened during those days.
The Attorney-General: When were you called upon to remember that? suppose when Mr. Hewawitarne was arrested?
Witness: Yes.
I
The Attorney-General: You will find it very difficult to give a full account of a morning five or six days after?
Witness: On ordinary days it would not be possible, but on that day I remember everything on account of the circumstances. It would not be easy for my principal to leave the shop for ten minutes and come back without being missed, because he was just in front of me, on my right hand; and, besides that, his coat and hat were between us on the peg, and he could not possibly put on these things without being seen by me. It is not possible that I could have overlooked the fact that he was away for ten minutes, as I was so close to him. He sits the whole day at his office table, except when he is required for anything. On this day he attended to Mr. Maddock, because some of our people had not come on that day.
The Attorney-General: You could not have kept your eye on Mr. Hewawitarne the whole day. He may have attended to other customers.
Witness: If ordinary people come there are men who attend to them; but if respectable people come who cannot speak Sinhalese then Mr. Hewawitarne or I have to go.
It is a large shop with several departments. I saw Mr. Pieris; he arrived a little before 12.0. My principal breakfasted between 12.0 and 1.0. During this time Mr. Pieris was chatting with the doctor. He could not see the breakfast- room from where he was talking. I also break fasted between 12.0 and 1.0 in the same room with my principal. During the whole of that morning from the place where we were doing our work we could not hear the noise of the rioting, but whenever we went to the front door we heard the noise of the mob. Where we were working we were not disturbed, but when I went to the door I heard the noise of the mob not the noise in Keyser Street, but the noise of the people who were running up and down First Cross Street. I could not hear the noise in Keyser Street.
Re-examined by Mr. Norton: Mr. Hewawitarne wears a Calcutta hat to office
-a pith hat. When he comes to office he takes off his coat and hangs it up on a coat-peg in the office. On that day he took off his coat and hung it up. When he went out to attend to the gentlemen mentioned, he went in his shirt sleeves. At any time that day he did not come back and put on his coat until he left for home.
(To the Court.) The accused comes in a motor-car almost always. If he has any business in the morning he goes out in his motor-car before he comes to the office,