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PUBLIC RECORD OFFICE
Reference :-
C.O. 882/10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH.-NOT TO
PUBLIC RECORD OFFICE, LONDON
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7. Wounding with intent to cause grievous bodily harm.
8. Riotously destroying a building.
9. Housebreaking
10. Riotously damaging a building.
11. Throwing explosives into a building with intent to destroy the
Sentences:-
same.
No. 1. Death.
No. 2.
Death.
No. 3.
Death.
No. 4.
No. 5. Death.
No. 6. Penal servitude for life.
No. 9. Death.
No. 7.
No. 8.
No. 10,
No. 11.
No. 12.
No. 13. No prisoner.
No. 14.
No. 15. Penal servitude for life.
No. 16.
No. 17.
Death.
No. 18.
Death.
No. 19.
No. 20.
Not tried.
No. 21.
Not tried.
President: Lieut.-Colonel E. J. Hayward, Ceylon Artillery Volunteers.
CASE against:-
Court MARTIAL.
Preliminary Proceedings.
1. Hewadewage Piloris Fernando.
2. Pandige Gomis Fernando, alias Gomiya.
3. Weerapurage Simon Fernando, alias Singho.
I direct that the above-named accused be tried by court martial on charges following:-
:-1, treason; 2, murder: 3. murder.
July, 1915.
CHARGES against :-
COURT MARTIAL.
Charge Sheet,
1. Hewadewage Piloris Fernando.
2.
Pandige Gomis Fernando, alias Gomiya.
3. Weerapurage Simon Fernando, alias Singho.
Governor.
First Charge. The above-named accused, being persons subject to military law, are charged with treason, in that they, at Magalkande, on or about the 3rd June, 1915, did levy war against our lord the King, contrary to Section 41 of the Army Act.
Second Charge. The above-named accused are further charged with murder, in that they, at the time and place aforesaid, in pursuance of the said treason, were members of an unlawful assembly with the common object of injuring in person and property His Majesty's Moorish Mohammedan subjects in Ceylon, members of which said assembly did kill and murder one Mohammadu Lebbe, contrary to Section 41 of the Army Act.
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Third Charge. The above-named accused are further charged with murder, in that they, at the same time and place in pursuance of the treason aforesaid, were members of an unlawful assembly with the common object of injuring in person and property His Majesty's Moorish Mohammedan subjects in Ceylon, members of which said assembly did kill and murder one Ossen Lebbe, contrary to Section 41 of the Army Act.
10th August, 1915.
A. E. ANDREWS, Major,
Hampshire Regiment,
President, Field General Court Martial.
EVIDENCE Taken at a Field General Court MartIAL held at Kalutara, on 9th AND 10TH AUGUST, 1915.
Prisoners:-
1.
2.
Hewadewage Piloris Fernando.
Pandige Gomis Fernando, alias Gomiya.
3. Weerapurage Simon Fernando, alias Šingho.
Prosecution opens
Mohamadu Lebbe Abdul Rahiman, sworn.
Trader. Live at Indiriligoda, part of Magalkande.
On the 3rd June about
When I went there I saw this crowd
200 Sinhalese came in a crowd armed with clubs, etc. I was in my house. I do not I went up know where Mohamadu Lebbe was. I heard cries from my house. towards the house of Mohamadu Lebbe. opposite Mohamadu's house. He was going towards the house which was on fire, but turned back, and on his way back was shot by the first accused with a gun. When I heard the report of the gun he fell on the ground. The second accused ran up to him and struck him with a poleaxe on his head. When Ossen came up to his brother Mohamadu, one Pedrick struck him on his head with a sword. Then Carolis struck him with an axe on his head. Then Julia struck him on his leg with a crow- bar. Then Ossen fell down. The third accused struck him on his head and back I I was close by. I know Mr. Griffith. with a katty. I saw this distinctly.
This occurred at about 12.30
saw him after this a little before the 3.0 o'clock train.
or 1.0 p.m. I did not tell Griffith anything. He came to my house. I did not tell him.
I
Cross-examined: This occurred on a common land. No one resides in that land. The house which was on fire is about 250 or 300 fathoms from this land. did not go to the house on fire. Mohamadu Lebbe,went into the garden where the Sinhalese were amusing. Mohamadu Lebbe was a trader living in Indiriligoda. Ossen Lebbe was also a trader. Mohamadu Lebbe was going to see the house on fire. When the first accused aimed at him he was about twelve fathoms away. I know Mr. When he turned to go to his house he was shot below the neck. Wijeratne, J.P., came that evening to make inquiries about this matter. I was not On the 8th present. I was in my house, less than a quarter of a mile away.
I mentioned the name of the gave evidence before Mr. Wijeratne, at Maggona. third accused then. I mentioned about the first and second accused.. I do not know if I complained about the third. I did not mention to the military also on that day. I was not asked. I do not know if I mentioned the third accused until Katu Bawa Ismail is related the Special Commissioner inquired into the matter.
to me.
~
Abdul Rahiman Lebbe Miskin, sworn.
Live at Indiriligoda within sight of the last witness's house.
On the 3rd June,
I did not see
A little while after I went in the direction of at 12.30 or 1.0, there were loud cries. the noises. I saw a house on fire. I heard two or three reports. people then. I went close and was hiding. I went by the side of Mohamadu Mohamadu Lebbe was standing about Lebbe's garden, a little near his house.
eight or ten fathoms away from his house. I saw the first and second accused and The first accused shot several others, about 150 or 200 Sinhalese. All were armed.
When he turned Mohamadu. Mohamadu was going towards the house on fire. back and was going he was shot. Mohamadu fell down. The second accused went I am not certain about the third and cut him with a poleaxe. I ran away. accused. He might have been there.
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