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PUBLIC RECORD OFFICE

Reference :-

TTIC.O. 882

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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treason and rebellion; and, of these 47, 8 were capitally convicted and executed at Matelle, 2 at Kandy, and 7 at Kornegalle; one man was also executed for murder at Matelle, making, in all 18: Colonel Drought reports the results of the courts-martial as follows:-

"Before the Supreme Court, 36 cases were tried for high treason committed on four days between the 27th July and 1st August, of whom 19 were convicted; whereas, 47 were tried by courts-martial, for the same crime, during the entire time that martial law was in force, out of which number, 3 were acquitted, 27 transported, 17 shot, 1 was executed for murder, and 1, sen- tenced to death, was pardoned by the Governor.” (Statement, Page 17).

And Colonel Drought adds (p. 18), "That in every came in which he felt justiked in recom- mending to the favourable consideration of Lord Torrington, met instantly his Lordship's clemency, (Page 18). by a total remission of the sentence."

Colonel Drought states, that so far from the courts-martial being eager for arrests and pr ceedings, “the average number of trials in the same districts, in a corresponding period by the civil courts, is above 700; whereas, the total num- ber by courts-martial, for offences of all descrip- tions, was 126." (Page 19).

I was not present at any of these trials, and I have not seen the evidence. It is now before the Committee*.

I cannot, therefore, speak from personal know- ledge of the proceedings.

I can only state, that with the single exception of the question whether Kahalle Unanse, the priest should have been shot in his robes, or divested of them before execution, I never heard a doubt expressed as to the propriety of the pro-

• I understand that it was the opinion of the Chief Justice, that there was no necessity te koop may minute of proceedings at comzia-martial, and that the cfloses had but to satisfy them- selves of the prisoner's guilt, and carry his sentence into instant execution.

There was also soma doubt, na in who should have the qu tody of the minutes, when it was decided by the military to keep them la seemed moutain whether, being milkmry pro- ceedings, the civil power had any right to interfere zand whether being for the trial' of civil prisoners, the military kadˇaity right

to retain them.

Then doubts were expressed in the General's letter to Lord Torrington. (Ostober, 1849, p. 04.)

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ceedings of the courts-martial, and the justice of their judgments.

On these points, however, two competent public officers have recorded their deliberate opinions, on

a review of the proceedings, after an interval of upwards of a year-Mr. Gibson, the District Judge of Kornegalle, and Mr. Charles Stewart,

the Deputy Queen's Advocate, of Kandy.

Mr. Gibson says, after enumerating the trials at Kornegalle, where, out of fourteen persons, seven were shot, and the rest transported or imprisoned, “However much the taking of life must be re- gretted, I consider that, from the part taken by six of these men in the rebellion, and from the then state of the country, it was absolutely neces- sary that the sentences should be carried out; hot so much as a punishment to the unfortunate indi. viduals themselves, but as a warning to others. The seventh man was guilty of deliberate murder; and, if martial law had not been in force, he would have been tried by the Civil court, and would no doubt have been sentenced to death." (Page 137).

Mr. Stewart, the Deputy Queen's Advocate, maya,

"With reference to the courts-martial in Kandy, having officiated as Deputy Judge Advo- cate on the four first trials, I am enabled to speak of the manner in which the proceedings in them were conducted. The evidence in each case was fully taken down. The prisoners had every oppor- tunity given them of cross-examining the wit- nesses, and had every facility afforded of making defence. The trials usually occupied several hours, and no unseemly haste was manifested in getting through them.” (Page 65).

With regard to the trial and execution of Kahalle Unanas, the priest, I never heard one word of remark in Ceylon, till at least seven or eight months after his death, when the report reached the colony, of dissatisfaction having been ex- promed in the House of Commons, at his having boon shot in his robes..

Up till that time, the only notice taken of his trial by the prnos, was a brief noţies at the time, to the affect that he had made a qualised admis- sion of-tha chargas adduond against him.

The point salative to his ammuntion in his robes,

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