Prisoners:-
242
GALLE, No. 2-FIELD GENERAL COURT MARTIAL.
2nd, 3rd, 4th August, 1915.
Hirimbure Gonage Toronis, and ten others.
Charges:-
1. Treason.
(Hirumbura or Labuduwa Case.)
2. Housebreaking.
3. Riotously destroying a building.
4.
Shopbreaking.
5. Riotously destroying a building.
6. Riotously destroying a building.
Sentences:-
No. 1. Death.
CABE against
1.
243
Enclosure 1 in No. 56.
Court Martial.
Preliminary Proceedings.
Don Porolis Sepala Dahanayaka.
2. Godawe Podi Mahatmaya, alias Don Salman, of Godawe.
3. Kiruwanagamage Don Louis, alias Kalu Mahatmaya.
4. Hendrick Perera Hatarasinghe Seneviratne.
5. Francis Wijesinghe (Godakande Punchi Mahatmaya).
6. Don Cornelis Suriya Arachchi Wickramaratne (Mahatun).
7. Frederick Diyonis Jayawardene Ranatunge (Hungangoda Punchi
Mahatmaya).
8. Don Theodoris Wanigasekera, vidane Arachchi of Angurugan
Ihala Walakada.
I direct the above-named accused be tried by court martial on the following charges:-1, treason; 2, shopbreaking; 3, riotously damaging a building.
No. 2. Death.
No. 3.
Death.
No. 4.
Death.
No. 5.
Death.
No. 6.
Death.
No. 7.
No. 8. Death.
No. 9. Death.
No. 10. Death.
1
20th July, 1915.
ROBERT CHALMERS,
Governor.
130
No. 11. Death.
President: Lieutenant-Colonel A. G. de V. Chichester, 28th Punjabis.
47301
SIR,
No. 56.
THE GOVERNOR to THE SECRETARY OF STATE.
(Received 18th October, 1915.)
(Confidential (A).)
The Queen's House, Colombo, Ceylon, 22nd September, 1915. In continuation of my Confidential despatch (C), of the 17th September,* I have the honour to enclose a copy of the proceedings in a further case in which the accused was tried by a field general court martial and sentenced to death, the sentence being duly confirmed and promulgated by the Officer Commanding the Troops. The case was considered in Executive Council on the 28th of August, and, on the advice of the majority, I then decided that the clemency of the Crown should not be exercised.
2, The case was again brought up in review on the receipt of a petition from the wife of the accused. After careful consideration I decided that this was a case in which it was appropriate to follow the general rule which had established itself recently, viz., that, order having been fully established after the riots, sentences of death should not be carried out in cases of constructive treason unless it was accom- panied by murder or murderous violence. I accordingly ordered that the sentence of death be commuted to one of rigorous imprisonment for life.
3. I enclose a copy of my letter, dated the 28th August, to the Officer Com- manding the Troops, confirming the sentence of death, and of my subsequent letter to him, dated the 13th September, intimating that, on reconsideration, I had decided to exercise the clemency of the Crown
CHARGES against:
COURT MARTIAL, Charge Sheet.
1. Don Porolis Sepala Dahanayaka (Hamu).
2. Godawe Podi Mahatmaya, alias Don Salman, of Godawe.
3. Kiruwanagamage Don Louis, alias Kalu Mahatmaya.
4. Hendrick Perera Hatarasinghe Seneviratne.
5. Francis Wijesinghe (Godakande Punchi Mahatmaya).
6. Don Cornelis Suriya Arachchi Wickramaratne (Mahatun).
7. Frederick Diyonis Jayawardene Ranatunge (Hungangoda Punchi
8.
Mahatmaya).
Don Theodoris Wanigasekera, vidane Arachchi of Angurugan
Ihala Walakada.”
First Charge. The above-named accused, being persons subject to military law, are charged with treason, in that they, at Kamburupitiya, on or about the 5th June, 1915, did levy war against our lord the King, contrary to Section 41 of the Army Act, 1881.
Second Charge. The above-named accused, being persons subject to military law, are further charged with shopbreaking, in that they, at the time and place aforesaid, were members of an unlawful assembly, with the common object of injuring His Majesty's Moorish subjects in person and property, which_said assembly did unlawfully and by force break and enter the shops of one. Pakir Bawa Davadu Marikkar, and did commit a felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1861, and Section 41 of the Army Act, 1881.
Third Charge. The above-named accused, being persons subject to military law, are further charged with riotously damaging a building, in that they, at the time and place aforesaid, were members of an unlawful assembly, riotously and tumultuously assembled together to the disturbance of the public peace, which said assembly did damage a building containing citronella boilers belonging to the afore said Pakir Bawa Davadu Marikkar, contrary to Section 12 of the Malicious Damage Act, 1861, and Section 41 of the Army Act, 1881.
I have, &c.,
ROBERT CHALMERS,
Governor, &c.
The Court inspected the scene of the rioting before taking this case. for Crown and for defence were present.
Counsel
C. B. H
* No. 55.
R 2
FILTII
PUBLIC RECORD OFFICE
C.O.
Reference :-
882 /10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH--NOT TO
PUBLIC RECORD OFFICE, LONDON.
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