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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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COURT MARTial held at Matara on 30TH JULY, 1915.

EIGHT accused were produced in custody.

The accused are asked if they have any objection to offer against any member of the Court. They all state: No objection." Then, again, the accused are asked if they have any objection against the interpreter. All except the first and fifth accused said they have an objection, and that is that the interpreter is a Moham- medan; but afterwards they withdrew their objection.

The charges against the accused are read and explained to them.

They severally plead "not guilty

"}

The first and second accused are undefended.

Mr. Elliott appeared for the fifth, sixth, seventh, and eighth accused.

Mr. Goonesekera for the third and fourth accused.

Mr. Grenier appeared on behalf of the Crown.

K. J. Arnolis, affd.

Sixty years old. Carpenter. I live at Kamburupitiya. I know Godakanda The estate is headman (Ralahamy). I know his son also. The son has an estate. about one mile from the bazaar. He is the fifth accused. A meeting was held in his estate on the 28th of May. I also went to that meeting. The fifth accused was at the meeting. There were present the sixth accused (Mahatun), seventh accused (Punchi Mahatmaya), and about twenty others. The meeting was about a collection of money for up-country. They did not collect anything. The collection was to be sent to Kandy. The meeting was adjourned for 2nd June at the sixth accused's boutique. The meeting was held there that day. I was also there. The fifth, sixth, seventh, eighth, first, and second accused were present there. Other accused were not there. In that meeting it was agreed that the Moor boutiques in up- country are damaged, and therefore they must do it here also, and Government would take no action. The sixth and seventh accused were seated, and they advised the people. Then the people went away. I do not know whether there was any other meeting in that boutique. I heard that there was another meeting. On the 5th of June there occurred a disturbance at Kamburupitiya, at about 2.0 or 2.30 p.m. It lasted about an hour. I was also there walking about the road. The looting was over about an hour before dark. It was not 6.0 p.m. then. I think it stopped about between 5.0 and 6.0 p.m. I saw first, second, third, fourth, and sixth accused at the rioting place. I was looking at what the crowd did. I know that a citronella boiler was broken. The citronella boiler was first attacked and then they came to break the boutiques. The boiler belongs to Davadu Mudalaly. They broke it and set fire to it. I did not follow the crowd to citronella boiler. I saw flames. After that they came and cried out "Sadu" and went towards the police station. Then they came and broke the boutiques.

Cross-examined by Mr. Elliott: I am the first witness. I am not employed under Davadu Marikkar. I haven't got my carpentry shed in his land. I have a carpentry shed. I deny that my carpentry shed is in Davadu's land. The second witness, Dines Hamy, is employed under Davadu; third witness, Danoris, is employed in Matara. I do not know whether Don James is Davadu's conductor or not. Davadu is a rich man. He lives in Matara. The sixth accused and I had a case before this. We have another case; its trial is fixed for the 3rd August. My son is a tailor. He stitches in Omar Saibo's boutique. I do not know whether Omar Saibo is a brother of Davadu or not. My earning depends upon the work I get. Sometimes I earn Rs.20 a month and sometimes more. I am a poor carpenter. I do not know whether there are any other witnesses to corroborate my saying that there was a meeting on the 28th. I told the Special Commissioner that the sub- scriptions they agreed to collect was to be sent to Kandy perahera.

Dines Hamy

was present at the 2nd June meeting. I did not raise any protest. I did not agree to their suggestion. There were about twenty or twenty-five others standing on the road outside Mahatun's houtique. I and Dines were also on the road. The fifth accused did not say anything at that meeting when I was there. The meeting com- menced at about 4.30 or 5.0 in the evening, and the men went away at about 8.0 p.m. The sixth accused said at the meeting: "Everywhere the Sinhalese are doing things against Moors, and we also must do same here." The seventh accused said the same thing I heard what happened at the meeting. The eighth accused did not say anything The sixth and seventh accused said that the Moor boutiques must be broken, and the first and second accused undertook to do the work. I said before

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The

the Special Commissioner that the first and second undertook to do the job. seventh accused is known as Godakande Punchimahatmaya. I do not know whether there was a meeting on the 4th June at the boutique. I am sure I was not at the boutique of Mahatun on the 4th June. On the 4th, about 6.0 p.m., I was at the junction where the four roads meet. The Sub-Inspector of Police was walking about the road that day about 8.0 or 9.0 p.m. I did not say anything to the Sub- Inspector of Police about the meeting. The fifth, in the company of the Sub- Inspector of Police, prevented the Sinhalese from breaking the boutiques on the 4th, night.

I do not know that Davadu asked the fifth accused to protect his boutique. The eighth accused was also there. The fifth and eighth accused both were with the Sub-Inspector of Police, and did not allow the people to break the boutiques that night. I know that the Assistant Government Agent came to Kam- burupitiya on that morning. I saw him at about 2.30 or 3.0 p.m. at the bazaar also. The fifth accused was also helping the Sub-Inspector of Police to keep back the people on the 4th, night. The fifth, sixth, and seventh accused are related to each other. I know the names of third and fourth accused. I think I did mention their

names.

The first accused was allowed to question the witness: The meeting on the 2nd was held at about 4.0 or 4.30 p.m. I do not know about a meeting on the 4th.

The second accused was also allowed to question the witness: No cattle was stolen from my shed. I have no cattle.

Cross-examined by Mr. Grenier: I saw the Assistant Government Agent at about 2.0 or 2.30 p.m. He went to take over the new market to Government. He must have left about 3.0 or 3.30 p.m. He left about two or three hours before dark. At the Special Commissioner I was mainly questioned about the meeting.

I was not asked who were the people. I only said that I could identify the people who came for rioting. I was charged by the sixth accused for criminal trespass. withdrew his case, and now we have a civil case between us.

W. N. Danoris, affd.

He

The

Sixty-five. Trader. I was employed under Davadu Mudalaly before I began my trade. I went to Kamburupitiya on the 4th June. I went with Julius. We went to Kampurupitiya about 10.0 or 10.30 in the morning. I carried two letters from Davadu, one to Punchi Mahatmaya and the other to Yatina Mahatmaya, asking them to protect Davadu's boutique. The fifth accused is the Punchi Mahatmaya. Yatina Mahatmaya was not at home, and I handed that letter to his boutique. Punchi Mahatmaya was also not at home, and I handed that letter to his father., I handed them at about 12.0 noon. After that I was there doing nothing. I know the boutique of Mahatun, sixth accused. On the 4th, about 4.0 or 5.0 in the evening, I saw there were five or six inside his boutique and about thirty on the road. sixth accused told the first and second accused that in Colombo everything is over and that they must begin it here also. The seventh, fifth, and eighth accused were inside the boutique. After that the people went away, saying: "That is enough." There collected a big crowd about 7.0 or 8.0 p.m. Then the eighth accused asked the crowd to go away, and prevented their coming. The Sub-Inspector of Police was also there dispersing the crowd. I was in the boutique that night, and on the next morning, about 6.0 a.m., I went to the police station." About half an hour before I want to the police station the eighth accused said in general that it was impossible for them to stop any more. There was no crowd when I went to the police station. The Sub-Inspector of Police gave me three letters, one to the District Mudaliyar, one to the Assistant Superintendent of Police, and one to Police Magistrate. Again I took a letter from Matara to Kamburupitiya. I went in a trap. I went to Kam- burupitiya about 12.0 noon. There were flags in all Sinhalese boutiques and also in one Moor boutique belonging to Mahamadu Nana. There was a crowd there after 12.0 o'clock also. They were sitting here and there. The first and second accused were there. The first had a whistle and second accused a stick. Then a big crowd got together and started pelting stones and catching the poultry about the place. Then they ran towards the citronella boiler belonging to Davadu Marikkar. at the boutique and I saw the flames. Then the District Mudaliyar came, and I told him the boiler is burnt. Afer setting fire to the boiler they came back to the bazaar and broke the boutiques. They broke six boutiques belonging to Davadu Mudalaly: four were in one line and two opposite. They looted the property.

There were more than 2,000 people, I think. The police fired, but nobody fell. Then the Assistant Superintendent of Police came with Punjabis, and when they fired the crowd dispersed.

I was