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CILIIIT

PUBLIC RECORD OFFICE

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C.O.

882 /10

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Cross-examined: I saw the ninth accused at 9.0 a.m. on the 4th June. I asked him for the letter. If the ninth accused left Andris Dias and James at 9.30 he must have got to my place at 11.30. He could have gone back and returned within an hour. There may be some delay if the people were not in the bungalow.. I gave the money at 11.30. His village is at Godapitiya. When I paid him the money I asked him to go to Akuressa estate and have an entry recorded as regards the payment. The ninth accused got the contract on the 1st of June. We did not pay him in full because he had finished it soon. The agreement was to finish it at the end of the month, but he finished it in three days. I remember the 4th June. I was arrested in connexion with the riots at Godapitiya. I was tried by court martial. I am in jail now for three weeks. I am in a separate cell.

Examined by the ninth accused: We are not allowed to speak in jail to any of the accused; we were kept separately after we were convicted. I received summons in connexion with this case.

up.

Examined by the Court: I received summons at 5.0 p.m., before we were closed I saw the ninth accused last morning when he was going out. I cannot remember seeing him after I was convicted. I did not see him at all. I saw him in jail while he was being taken out. I remember the 4th June, because I did some important things in connexion with my work. The last time I saw the ninth accused on the estate was at about 11.30 a.m. After that I saw him in jail. I cannot be certain whether he had anything to do with the riots on the 4th June.

The eleventh accused calls evidence :---

Siman Hamy, affd.

Fifty years.

Trader at Akuressa On the 4th June the eleventh accused was at his boutique at Akuressa trading. There was no possibility of his taking part in the riots. The boutique adjoining the eleventh accused's was broken.

Examined by Court: The boutique where the accused was is at the market-place at Akuressa. I saw the eleventh accused on the 4th June at about 12.0 noon. That is the first time I saw the eleventh accused on that day; it was when I was going to take my midday meals. I live in the Government market at Akuressa, but trade in Timbatuwa. The eleventh accused has got a boutique at Akuressa; saw the eleventh accused in his boutique at 12.0 noon. I did not see the eleventh accused before 12.0

go

for I see the eleventh accused every day see him when I my midday meals. Cross examined: That was the first and the last time I saw him on the 4th June. Akuressa is two miles from the scene of the riots.

noon.

Examined by the Court: I do not know at what time the rioting took place at Akuressa; after we had our midday meals, after I had seen the eleventh accused. 1 do not know whether the eleventh accused took any part in the riots at Akuressa. Andris Appu (K.D.), affd.

Twenty-six years. Trader at Akuressa. In the same row of boutiques as the eleventh accused. The accused was in his boutique on the 4th June. We open our boutique at 6.30 a.m.; we open our boutique every day except in case of sickness. I He is a trader since about two or do not know whether the accused behaves badly

three years.

Examined by the Court: There are two rooms between my boutique and the boutique of the accused; they are on the same side of the road. I saw him on that day at 6.30 a.m., when he opened his boutique. The next time I saw him was after I was inside the I had closed my boutique. I did not open my boutique after that. boutique. We heard that there was a disturbance across the river; we heard that Sinhalese boutiques had been closed, and therefore I closed my boutique. There was a disturbance on the 3rd, night, at Akuressa. I cannot say whether the eleventh I did not see the accused closed his boutique; I closed my boutique at 7.30 a.m. eleventh accused when I closed my boutique; I cannot see from inside my boutique. I heard of the riots at Godapitiya: I did not go to see.

The seventeenth accused has no witnessES.

Mr. Jayewickreme does not call any evidence for the sixteenth and nineteenth accused.

Mr. de Kretser addresses the Court.

Mr. Barber, Crown Counsel, replies.

Mr. Jayewickreme addresses the Court.

The first, second, sixth, ninth, eleventh, and seventeenth accused are asked by

the Court whether they wish to say anything against their conviction or in mitiga-

tion of sentence.

The first accused states:

I know nothing about this; I did not go, except that I went with the crowd. have no one even to give evidence for me.

The second accused states :

I

My village is at Matara. I am a very poor man. I trade at Akuressa. I have no reason to go to these disturbances. My enemies have given evidence against me.

I have no one even to give evidence for me.

The sixth accused states:

I am a very poor man. I wish to be pardoned. I know nothing about this. The ninth accused states:

It is true that I went to draw my money on the 4th June; it has been suggested that I went on the 5th. On the 5th I was at the Bawatara village tribunal as a I wish the Court to look into member of the jury. I signed the case book there

the case in which I was first charged. I am a man who has been in the police force. and I know the consequences and I know the law. The Durawe caste people are all angry with me.

The eleventh accused states:

I am not guilty. I know nothing about this. I was trading in my boutique. The seventeenth accused states:

I am a very poor man and a beggar. There is another man known as Bouwa;

I have been mistaken for him. I could not even get out of house.

my

Verdict.

The Court finds the fourth, seventh, eighth, tenth, eleventh, twelfth, four- teenth, sixteenth, and nineteenth accused not guilty, and they are acquitted and discharged.

The other accused are kept in custody pending the result of the court martial being declared.

The numbering of the accused on outside preliminary proceedings differed from inside list upon which Counsel had based their cases, so the numbering of the inside list (sheet 3) was adopted to avoid confusion.

The accused Nos. 19 and 20 of outside list (or Nos. 20 and 21 of inside list) were withdrawn from the case by authority of the Attorney-General (see telegram from Attorney-General to Special Commissioner attached).

The Crown Counsel desired to alter the ninth charge against each of the accused in the Godapitiya case from shopbreaking to housebreaking, which the Court allowed.

Six of the accused were not defended by Counsel, and their cases were care- fully watched by the Court.

After hearing the evidence the Court acquitted nine of the accused of all the charges against them (Nos. 4, 7, 8, 10, 11, 12, 14, 16, and 19). The guilt of the others under some one or other of the charges was fully established, and they were remanded to custody to await the confirmation of the sentences of the court martial.

Two scale plans" of the scenes of the outrages are attached hereto.

E. J. HAYWARD, Lieut.-Colonel,

14th August, 1915.

President of Matara Field General Court Martial.

MATARA, No. 2.-FIELD General Court Martial. 12th-14th August, 1915.

Vitiyala Vidanege Hendrick Appuhamy, and nineteen others.

Prisoners :-

Charges:-

1. Treason.

2. Murder.

9. Murder.

4. Murder.

5. Murder.

6. Wounding with intent to cause grievous bodily harm.

Not transmitted to Colonial Office.