CO882-10 — Page 131

132

PUBLIC

RECORD OFFICE

Reference :-

C.O. 882/10

|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC.-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

246

Cross-examined by Mr. Elliott: I worked under Davadu for ten years.

That

day also I worked for him. It is true that I went to the fish market about 3.0 or 3.30 on the 4th. I told it before the Special Commissioner. Before I gave evidence on the 28th July before the Special Commissioner I did not tell anything to anybody. It is only three or four minutes' walk from Mahatun's boutique to the police station. I went to the police station on the 4th to complain, but as the Sub-Inspector of Police was not there I did not complain. If I had seen the Sub-Inspector of Police I would have told him. I saw the Sub-Inspector of Police in Kamburupitiya on the 4th, night, near the boutique. The next day I went to the police station, and he gave me three letters to take to Matara. I did not complain then, because the Moor- men went to complain to him. I carried a letter from Matara to the fifth accused's father on the 4th (letter produced before Court). I think this is the letter I took

that day. I gave that letter to the father of the fifth accused. I was then told that fifth accused was gone to Matara. At about 8.0 p.m. on the 4th I saw the fifth accused with the Sub-Inspector of Police protecting the boutiques and preventing the people from coming to break them. The sixth, seventh, and eighth accused also assisted the Sub-Inspector of Police. I went to sleep about 8.0 or 9.0 p.m. to the Till 2.0 p.m. on the following day, Davadu verandah of Davadu's boutique.

Marikkar's boutiques were not broken.

The first accused was allowed to question the witness: The witness says that he was employed under Davadu.

Second accused was also allowed to question: I did not count the people, but I think there were about 2,000.

To Court: The father of the fifth accused told Yatina Mahatmaya, in my hearing, that fifth accused was gone to Matara. Yatina Mahatmaya is the person to whom the other letter was addressed.

Cross-examined by Mr. Grenier Davadu Mudalaly asked me to tell what I saw before Special Commissioner. I told Davadu Mudalaly what I saw.

Cross-examined by Mr. Elliott: I have a brother who has become a

Mohammedan,

A. R. A. Jayatilake, affd.

Sub-Inspector of Police, Kamburupitiya. First I received information about 9.0 o'clock on the 4th June, night. I went to the market place. I saw some people there. There were about 200, and I asked them to go away. They went away. Then I went to fifth accused's father's house. I went to ask for assistance. It is about a quarter of a mile from the market place. The fifth accused and his father are influential people there. I came back with the fifth, sixth, seventh, and eighth accused, and waited at the market place. At about 4.0 a.m. on the 5th a large crowd, numbering about 300, came there. They were led by the first and second accused. Then I and fifth accused asked them to go away. Then they went away. As they were going away they said: "To-day we are going, respecting you, but to-morrow if even the Governor is to come we don't care.' Then the fifth accused asked me whether I heard what the first and second accused told, and asked me to write to the Assistant Superintendent of Police for assistance. At about 2.30 p.m. on the 5th there came a large crowd, led by the first and second accused. I was then in the The seventh accused market place. Eighth accused was with me at that time.

came with the Mudaliyar. A whistle was blown by the first accused and a rush was made at Omaru Saibu's boutique. I told first accused to go away with the people. Then he said: "We did not break boutiques last night, but to-day we will break.'

I did not go Then they went towards the citronella boiler of Davadu Marikkar. there. I saw flames when I remained at the market place. They came back to the market place again, and. breaking the boutiques of Davadu Marikkar, removed the I told the first goods. Before the boutiques were broken the first accused whistled. accused that I will shoot. Then he told me: "You have only blank cartridges; how can you shoot!"

Then I saw Superintendent of Police had come and was shooting. Then the crowd dispersed. When the first accused was brought to the police

station I saw that his cloth was burnt. The third and fourth accused also took an active part.

No

Cross-examined by Mr. Elliott: The fifth, sixth, seventh, and eighth accused spent the whole night with me. They assisted me in dispersing the crowd. complaint was made to me against these accused.

The first accused was allowed to question the witness: The Superintendent and Special Commissioner held inquiries.

247

The second accused was allowed to question the witness: I charged you and your brother in a cattle-theft case. That was discharged. You are a poor man.

To Court: The first accused lives about a mile away from the market place, and the third and fourth accused live about two-and-a-half miles away. A boutique belonging to the fifth accused's sister-in-law was not looted. That is the only boutique that was not broken.

Prosecution closed.

Defence.

Francis Wijesinghe (fifth accused), affd.

Fifty-seven. Planter. I never thought of what Danoris and Arnolis told now. Danoris was a servant of Arnolis, carpenter, has his shed in Davadu's land. Davadu. On the 4th I came to Matara about 11 o'clock, and at about 2.0 p.m. I went

I

to the Kachcheri to deposit money for land I bought from Government. I did not get the receipts from Kachcheri till after 3.0 p.m. After that I attended to my other

I went in my horse trap. work, and went to Kamburupitiya about 8.0 o'clock. went to my father's house at Kamburupitiya. I received a letter from my father, written by Davadu Mudalaly for me and my father, asking us to protect his boutiques. I was guarding the boutique with the Sub-Inspector of Police that night. On the next morning I went home, as I was very tired.

Cross-examined by Mr. Grenier: When I was at my father's place the Sub- Inspector of Police came there. I, sixth and seventh accused went to the market place with the Sub-Inspector of Police. The Sub-Inspector of Police told me a crowd had come to break the boutiques. We all went with the Sub-Inspector of Police to assist him in dispersing the crowd. We are related to each other. At the time I returned from Matara they were there. I did not go to my own house. Usually when I come to Matara I take some eatables to my father's place, as he was very old. I knew that I could assist the Sub-Inspector of Police, and the Sub- Inspector of Police knew that I am an influential man. I have about fifty or sixty coolies in my rubber estate. My coolies were not there then. I have warned my coolies not to leave the estate. I don't allow them to go out of the estate, because they get into bad company and become gamblers. It is an order in the estate that the coolies are not to leave the estate and go out. My estate is in one place and my house is in another place. I went with the Sub-Inspector of Police to the market place. I went there because I knew there are people who listen to me.

The people obeyed me that night. The next morning there was nobody there, and, having asked the Sub-Inspector of Police to write to the Superintendent for assistance, away. On the 4th, night, the first and second accused said that they will not obey the Governor even next day. I got afraid, because I know their behaviour. The Sub-Inspector of Police and I asked the people to go away, and they went away. did not go there on the next day because I was afraid. I protected Davadu's boutique the 4th, night. The first accused was my brother-in-law. Now he is angry with me owing to a divorce case. The sixth accused is my nephew and the seventh accused is my brother-in-law. On the 5th I did not protect any boutique. I do not know why my brother's wife's boutique was not broken.

went

I

Cross-examined by Mr. Elliott: The first accused divorced my sister, and for that we are angry. I got the receipts for the money I deposited at the Kachcheri on the 4th (receipt shown to Court).

W. Cornelis (sixth accused), affd.

Twenty-five. Trader. I heard the witnesses of Arnolis and Danoris.

They

are not true. They are working under Davadu, and if Davadu asks them to give false evidence they will do so. I did my best to stop the people from breaking the Moor boutiques on the 4th. They went away.

Cross-examined by Mr. Grenier On the 5th I did not do anything. As I had broken rest on the previous night I went home and slept. I slept after breakfast. I took breakfast at about 11.0 o'clock. On the evening I heard the people are come to break the Moor boutiques. I did not go there because I heard shooting. I heard that troops are also come So through fear I did not go there. I went to the fifth accused's father's place, but did not go to the market place. I saw Punjabis shooting at the crowd. I was in the verandah looking at the roadside. I was in my boutique on the 3rd and 4th. The fifth accused did not come to my boutique. I never said anything about the riots in other places. I held no meeting in my

houtique.