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PUBLIC RECORD OFFICE
Reference :-
CO
CO.. 882/10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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Mr. Norton: Is it true or is it not true that the conversation was carried on through an interpreter, and that he asked Kalidu six times before he was certain that Wijesekera was the man?
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he
Witness: I cannot say if he asked him six times; he was asked several times. Mr. Norton (reading from notes made at the identification): picked out N. E. Wijesekera as being like Don Carolis's son." I have not seen N. E. Wijesekera Is he a taller man?
Witness: Slightly taller.
Mr. Norton: Did he wear a beard on that day?
Witness: No he had a moustache. He is very similar in features, but taller. Not quite so podgy.
Sub-Inspector Arthur Stewart De Winton Loos.
I am a Sub-Inspector of Police and of the same stock as the District Judge.. I have lived all my life in Colombo. I had occasion to make investigations in regard to this case. In the course of these investigations I had occasion to see the photo- grapher, Mr. Payne. He told me that on the day of the breaking of the Crystal Palace he stood on the step of his studio in Keyser Street. He works in Keyser Street, and, I thought he knew something about it. I brought him up to Mr. Jackson. He told me that he was standing by his studio at about 12.0 or a little after 12.0. He saw that something was going on opposite the Crystal Palace. At the police station I took him before Inspector Jackson, and he told Inspector Jackson that he saw something going on opposite the Crystal Palace. He heard smashes at about 12.0, or a little after 12.0. He was not at the end of it. The statement was not taken down because it was not complete. We took him there because, if he knew anything about the matter, we could take him as a witness. I asked him whether he knew anything about the trouble in Main Street.
(To Mr. Norton.) What I have been saying to day is the result of my throwing my memory back to the 13th June. There is no note in writing about this anywhere. My recollection upon the point has not been refreshed in any way between the 13th June and 16th July. I have not discussed the point with anybody between these dates. I was asked by Mr. Daniel at about 8.0 or 8.30 this morning to come to-day and give evidence. Mr. Jackson told him that I brought such a gentleman there, and the Superintendent of Police called me up this morning and told me that I had better come into Court in connexion with this conversation which took place on the 13th June. After I got that warning I spoke to no one about the matter.
(To the Court.) I was in Keyser Street that morning, but not while the riot was going on. I cannot remember where the rows were taking place. There were so many in that part of Colombo.
Sub-Inspector Arthur Jackson, sworn.
(To the Attorney-General.) I am a Sub-Inspector of Police. A witness called Payne, a photographer, of Keyser Street, was brought to the police station when I was there. I questioned him about the looting of the Crystal Palace. He said that at 12.0, or a little after 12.0, he stood opposite the photographic shop in Keyser Street and heard the sound of breaking. I asked him if he saw any looting, and he said he did not. I asked him if he knew anything about the row opposite Pedris's shop, and he said he knew nothing about that. Those were all the questions I asked him. He was not called as a witness. I do not know why he was not called as a witness, as I was not making inquiries personally. He was brought to me by Sub- Inspector Loos, who was making inquiries. I do not know that the case for the prosecution is that the occurrence took place some time between 12.0 and 1.0. question of the hour was material.
The
Mr. Norton Four Mohammedan witnesses have stated that the occurrence took place between 12.0 and 1.0. You have admitted that the hour is material. Now, as a policeman, would it not be a matter of considerable strength to your case to have been able to produce a man of Payne's position to corroborate the native witnesses! Would not that be material!
Witness: I do not know much about the case. This man was brought to me by Sub-Inspector Loos, as officer in charge of the division. He asked my advice as to what was the best thing to do that is, whether this man could assist the police in their inquiries. I said that the Superintendent of Police was the best person to say whether his evidence was material or not. I do not know whether he was taken to the Superintendent of Police. I think this conversation was started by a desire to
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know what time Sub-Inspector Loos was in Keyser Street. Payne was produced, I think, to prove that he was. Then I asked him certain questions which have not been recorded. I asked him whether he had seen persons looting the Crystal Palace.
Mr. Norton: Did you ask him whether he had seen people entering the shop? Witness: In my opinion breaking and looting are the same thing.
Mr. Norton: Then if you had used the word looting, to your mind it would have meant both breaking and looting? Probably you used the word looting?
Witness: I did use that word.
Mr. Norton Have you ever spoken about this conversation to anyone between the 13th June and to-day?
Witness: Never.
Mr. Norton: When you say that the hour mentioned was 12.0 o'clock in the con- versation, it is the result of looking back upon your recollection as to what took place on the 13th June?
Witness: At that time it was very much impressed upon my mind, because Mr. Superintendent Daniel was anxious to know about Sub-Inspector Loos.
Mr. Norton And for that purpose Payne was produced? Witness: Yes. I have not, from that time to this, ever spoken about this matter to any living soul.
(To the Court.) I am prepared to swear that Payne said it was 12.0 o'clock when the thing was going on. He said that he had been to his breakfast at the Young Men's Christian Association, and returned from there, and because of that
he knew the time.
E. P. Butler Brockwell, sworn.
well.
12.0.
(To the Court.) I remember the rioting that took place in Keyser Street very It was Tuesday, the 1st of the month. I was in the Pettah from 9.30 till nearly 2.0 o'clock. I am assistant editor of the Times of Ceylon. Interest in my professional duties made me go out. There was a lot of rowdyism. No breaking into shops to any serious extent. The rowdyism really got serious between 11.0 and In various parts I saw crowds coming along breaking boutiques, taking the contents out, and throwing them into the road. Where they could carry them they did so; where they could not they broke them. Much later on I saw the Crystal Palace being looted. That was 2.0 o'clock. It had been looted for some time. I passed there between 11.20 and 11.30, and it had not been looted then. I passed again at 2.0 o'clock, and it had been looted. There were very few Europeans in the streets. There were a number of Moors and Sinhalese. I am prepared to swear to that. I fix 11.30, as I was writing an article, and I was separating it in two. I was showing how the riots developed in certain parts. I took the time by my watch on the wrist.
(To Mr. Norton.) I took the time about five minutes before I passed the Crystal Palace because I wanted to know exactly how I was going, how much more time I had to get back to the office. I made a mental note at the time. I had made frequent mental notes before I reached that street. I remember them all, naturally, for the very good reason that I was writing an article. I transferred these mental notes to paper within two hours. I have got them; they are in print.
Mr. Norton (after reading a portion of the article written by the witness): Show me anything in that article that corroborates your statement that the Crystal Palace was not looted till some time between 11.30 and 2.0 o'clock.
fire!
Witness: There is no mention of the Crystal Palace at all after it was destroyed. Mr. Norton: You wrote a most picturesque article.
Witness: I state there all facts. There is no imagery in it at all.
Mr. Norton (referring to an allusion in the article referred to): Where was the
saw it.
Witness: In one of the other streets. It was just before 1.0 o'clock when I
Mr. Norton: I may take it that this article does not assist your memory as to the hour when the Crystal Palace was actually looted?
Witness: There is no actual mention of that.
Mr. Norton: Is there anything in writing to show the hour? Witness: No.
Mr. Norton: Did you by any chance read the accounts in any of the other papers?