133
PUBLIC RECORD OFFICE
KIFEL
C.O.
Reference :-
882/10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT 10
248
D. Jayawardena Ranathunge (seventh accused), affd.
The
Fifty. Cultivator. I heard what the two witnesses said about meetings on tht 28th May, 2nd and 4th June. What they said was altogether false. Assistant Government Agent was at Kamburupitiya on the 4th till about 4.30 in the evening. I did my best to check the Moor boutiques being broken into.
Cross-examined by Mr. Grenier: On the 5th I went to the Mudaliyar's. I met him at the Gansabawa. I heard the Mudaliyar had come, and so I just went to see him. He asked me to bring a hackery. The Mudaliyar went in the cart and I and eighth accused followed. We went with the Mudaliyar to the market place. The Madaliyar asked the Sub-Inspector of Police at the market place to be careful that night, and went away. I went home. A little while after I heard a crowd had come. The Mudalivar went before the crowd came. On the night of the 4th the first and second accused said that they will not obey the King even on the 5th. I went to Mahatur's (sixth accused) boutique on the night of the 4th, when I went to assist the Sub-Inspector of Police. I live near the fifth accused's father's -house at Kamburupitiya
The Court allowed the first and second accused to make statements. The first accused says that he has a witness (Nicolas Hamy).
Nicolas Hamy, affd.
Thirty-five. Cultivator. We both came to Matara on morning of the 4th. We left Kamburupitiya on the night of the 3rd. About 10.0 o'clock on the 4th we gave instructions to the notary to write a deed. I signed the deed about 1.0 or 2.0 p.m. It was about 4.0 o'clock when we started from Matara to Kamburupitiya. It was about 8.0 p.m. when we reached Kamburupitiya. This accused and I both travelled in my cart. The deed was in favour of my brother. We did not see a large crowd there when we went.
Cross-examined by Mr. Grenier: I do not know the notary. I do not know anything about the writing of the deed. The deed was written in favour of my brother. I met my brother at the notary's office. I was there when the deed was written.
The first accused says that he went to the market place on the evening of the 5th, hearing that the boutiques were being broken into, and that he went there to see it.
The second accused says that on the 4th he went to Horapawita, and returned on the 5th. He came in a cart, and, seeing a large crowd at the market place, he untied his bull, and immediately afterwards he was taken to the police station.
Judgment.
The Court acquitted the fourth, fifth, sixth, and seventh accused, and said that the judgment of others will be given later.
Kamburupitiya Case.
The Court consider the evidence for the prosecution clear in the case of the first four accused, and there was practically no defence.
In the case of the last four accused the witnesses for the prosecution were not convincing as regards the alleged meetings, and the evidence otherwise was, in their favour.
C. B. HARVEY, Major,
Royal Engineers, President, Field General Court Martial.
MATARA.—Field Generat. Court MaRTIAL. 29th July to 31st July, and lat August, 1915.
Don Porolis Sepala Dahanayaka and seven others.
(Kamburupitiya case.)
Prisoners :-
Charges
1. Treason.
2.
Shopbreaking.
3. Riotously damaging a building.
SIR,
Sentences:-
249
No. 1. Death.
No. 2.
Twenty years' penal servitude.
No. 3.
Ten years' penal servitude.
No. 4.
Ten years' penal servitude.
No. 5.
No. 6.
No. 7.
No. 8.
President: Major C. B. Harvey, Royal Engineers.
Enclosure 2 in No. 56.
The Queen's House, Colombo, 28th August, 1915. HAVE the honour to acknowledge receipt of your letter C.R. No 3255/2/N (A), of 24th August last, forwarding proceedings of a field general court martial held at Matara on 29th July, 1915, and following days, together with the evidence taken before it, confirmed by you.
2. I do not propose to exercise the clemency of the Crown in the case of Don Porolis Sepala Dahanayaka.
3. I approve the sentences of penal servitude as set forth in the schedule dated 29th July, 1915, contained in the proceedings referred to.
The Honourable
The Brigadier-General
Commanding the Troops,
Ceylon.
STB,
I am, &c.,
ROBERT CHALMERS,
Governor, &c.
Enclosure 3 in No. 56.
The Queen's House, Colombo, 18th September, 1915. WITH reference to paragraph 2 of my letter of the 28th August, 1915, to Brigadier-General Malcolm, approving the sentences passed by the field general court martial held at Matara on 29th July, 1915, and the following days, I have the honour to inform you that I have, on reconsideration, decided that the clemency of the Crown should be exercised in the case of Don Porolis Sepala Dahanayaka.
2. I have directed that the sentence of death passed on the prisoner be com muted to one of rigorous imprisonment for life, and that the prisoner be recom- mended for transportation to the Andamans if he is of suitable age.
3. The necessary instructions to stay the execution, which was fixed for the 8th September, were duly communicated to the fiscal and the prisons authorities.
I am, &c.,
ROBERT CHALMERS,
The Honourable
The Brigadier-General
Commanding the Troops,
Ceylon.
47302
No. 57.
Governor.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 18th October, 1915.)
(Confidential (B).)
The Queen's House, Colombo, Ceylon, 22nd September, 1915. In continuation of my Confidential despatch (D), of the 2nd September, I have the honour to forward, for your information, the following local reports on the riots in Ceylon :
(1) From Mr. R. N. Thaine, Ceylon Civil Service, dated 8th September,
SIE,
1915.
* No. 51.
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