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Malagamage Sidanhamy, affd.

Thirty years.

Cultivator. My house is at Kanagahagama. Live in the same village as the last witness. Know the sixth accused. He lives in another hamlet of my village; the name of that hamlet is Gondolagoda. I know the accused's brick- field; it is in the village Kanagahagama. I am not sure. Godapitiya is about half a mile from his brickfield. I cannot remember the day of the riots. On the day of the disturbance he was cutting tiles. I was cutting with the sixth accused, in partnership with two others. The last witness, the sixth accused, myself, and another are the partners. Accused was working with me on that day. All were working till evening. After dawn all four started working together. We stopped at noon for our midday meal; we returned and worked till evening. I heard of the riots at Godapitiya that evening. The boys passing along the road told us that there was a disturbance at Godapitiya. I am sure the last witness was working there from 6.0 in the morning till noon, and I am sure the accused was there from 6.0 till noon.

The last witness did not leave till we went for our midday meals. Cross-examined: I do not know whether the Mudaliyar has been inquiring into I do not know that my these riots. I do not know where the inquiry was held. name has been sent up by the Mudaliyar as being concerned with the riots.__ I cannot say in which village the brickfield is: I think it is at Kanagahagama. Have been working in this brickfield for some time. I had occasion to know where the sixth accused was, because there was a disturbance on that day.

Examined by the Court: I did not go to Godapitiya that day. accused did not leave us-I cannot be certain.

The ninth accused wants to add to his statement:

The sixth

Myself, tenth accused, eleventh accused, and one W. A. Mendis, were charged with having cut a Moorman with a sword. All four of us were taken to Galle, and were informed that we were to be tried by court martial. They could not prove that; they are now trying to prove in another way. W. A. Mendis was discharged.

The ninth accused calls evidence :-

K. V. Don Andris Dias, affd.

Twenty-five years. Kangany on Akuressa estate. The ninth accused is a kangany on that estate. On the 4th June the ninth accused came to Akuressa in connexion with the payment of some money. He went to Heenegama. From there he returned to get the writing about the contract on the estate, and he took it back. He came back about 12.30; he brought some money. I did not see the money; he told me he had Rs.25. He took breakfast that day there about 12.30 p.m., and left for his village. We heard that people had gone to Godapitiya from Akuressa. There was another kangany at the time. We knocked off work at 12.0 noon, and we began at 1.0 p.m.

Cross-examined by Court: The ninth accused is a kangany on the same estate the estate is about four miles from Godapitiya-I cannot say exactly. It would take about one-and-a-half hour to walk four miles. On the day of the riots I was on the estate. I heard about the riots about 2.30 p.m.; we heard that people had gone to Akuressa. I cannot remember the day. On the day of the riots I saw the ninth accused at about 8.0 o'clock a.m.; saw him again at 9.30. He went and returned at 12.30; at about 2.30 he left. He went to Heenegama to draw some money. When he came the first time, in the morning at 8.0, he did not stay; when he came at 9.30 be took a letter and did not stay. He returned again at 12.30, took his breakfast, and remained there. On the 5th, 6th, and 7th he did not come. The reason why I remember the 4th is because that is the day on which he went to draw money.

Cross-examined: Work at Akuressa estate went on in the usual way, the day before and the day after. I am employed under Heenegama Appuhamy, of Akuressa estate.

The I know Heenegama Appuhamy's son, Samuel Silva. Mahatmaya and his son Samuel have been tried by court martial and sent to jail. I can say for certain that the ninth accused did not take part in the riots at Göda- pitiya till about 2.30. I saw the accused at about 8.0 or 8.30. During the interval when he went to Heenegama I did not see him. At 10.30 he had gone to Heenegama. Godapitiya is about seven miles from Heenegama; from Heenegama to this estate it is a little less than three miles.

it being 5.0 p.m., the Court adjourns till to-morrow at 8.0 a.m.

The Court reassembles at 8.0 a.m.

S. D. K. James, affd.

Twenty-eight years. Kangany on Akuressa estate.

13th August, 1915

The ninth accused came

to the estate in the month of June. On the 1st of June he took a contract. On the 4th June he came to the estate at about 8:30, when we were with the working party; he came in connexion with a contract which he had finished, and to draw the money; he came to go to Heenegama. He went to Heenegama; he returned at 9.30 and asked where Andris Dias was. I told him that Andris Dias was here just now, but did not know where he had gone to. He then went away. He came back to Akuressa estate at 12.30, when we had knocked off work. He said that he had brought Rs.25; he was there till 1.0 p.m. At 7.30 a.m. he came to work; he began work at 1.0 p.m. I was where a drain was being repaired. Andris Dias was there when he left.

Examined by the Court: The ninth accused is a weeding contractor; he is called a kangany. Andris Dias is the conductor of the estate; he works like a kangany; he is the head kangany. I heard of the disturbance in Godapitiya on 4th June at 6.30 p.m. The ninth accused did not work on that day. He came to draw money at about 8.30 a.m., and stayed about three or four minutes. He came back again at about 9.30, running; as he came he inquired for Andris Dias and went away at once. He came back again at 12.30 p.m.; he was there till 1.0 p.m. I do not know what happened to him afterwards. I am sure it is on the 4th June. On the 10th June I do not know what time he came, do not know what time he left the estate. I do not know whether he worked on the 9th of June. I remember the 4th of June. because he came to draw the money; he comes only when he finishes his contract; he draws his money once a month.

I heard

Cross-examined: He finished his contract on the 4th of June-no, he finished the contract on the 3rd. The estate is near Akuressa police station; it is about three-and-a-half miles from Godapitiya—I am not quite sure. My master is Heenegama Appuhamy. Horagoda is about two miles from Akuressa. about the rioting at Horagoda. My master and his son have been tried by court martial; they are in jail now. In spite of them being engaged in rioting the work went on on the estate; the labour is all Sinhalese. The ninth accused finished his contract on the 3rd, and came to draw his money on the 4th. The estate is a little more than two-and-a-half miles from Heenegama. It takes about an hour and a half to walk from Heenegama to the estate; we get the time by looking at the sun. He got Rs. 25 from Heenegama. He came to take a letter when he returned to the estate at 9.30; he came running because he had forgotten to take the letter; it was a letter to certify that he had finished his contract. Andris Dias gave him the I asked letter. I know the contents of the letter because he told me after he came. him why he had come, and he told me that he had come to take a letter. At 12.30 p.m. he had Rs. 25.

William Goda Vitana, affd.

Thirty-five. Tea maker and clerk on Heenegama estate. Not related to the ninth accused. Am the head clerk on Heenegama estate. I know the ninth accused; he is working on Akuressa estate. Till the end of May he was a kangany. He took I wrote the agree- a weeding contract on Akuressa, estate about fifty-four acres. ment and the contract. During June he came to the estate--on the 4th June. He came to draw the money under that contract; he asked for all the money under the contract. My master said that he would only pay Rs.25. I asked for the letter, and the ninth accused said that he had forgotten to get the letter. He was asked to bring it. He came there at about 9.30 in the morning; he left soon after to bring the letter. He brought the letter; Rs. 25 was paid. I wrote on the letter in the corner that I had paid the Rs. 25 on the 4th June. I signed the payment.

Examined by Court: Akuressa estate is three miles from Heenegama; the ninth accused is working there since a year. The money that was paid was in connexion with the contract. I know that it was the 4th June that he came, because I remem- ber it well, and also I wrote in the corner and signed it. He had no contract before this; he was a kangany before. On the 4th, evening, when I was going home. I heard of the Godapitiya riots. Heenegama is about six or seven miles from Goda- pitiya: Heenegama is three miles from Akuressa. The ninth accused first arrived He came on the estate at about 9.0 o'clock. He remained there about five minutes. back at 11.30. He stayed there for about three or four minutes. He got the money at that time. I did not see him after that on that day. There is no reason why I should forget the time. On the 13th July I was in jail; on the 13th June I was working on the estate. I cannot remember minor details.

Q 2

PUBLIC RECORD OFFICE

Reference:-

TILCO. 882/10

PUBLIC RECORD OFFICE, LONDON

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