CO882-10 — Page 156

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156

PUBLIC RECORD OFFICE

T

C.O.

Reference :-

882/10

| PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH--NOT TO

C. Meyer, sworn.

294

Superintendent of Siyambolope Estate. I know Yatihene. I remember the I heard the noise from the estate. It was on the 3rd June, mosque being broken. between 3.0 and 4.0. On that day Moors came and asked for protection. As far as I am aware nothing happened on the 2nd at Yatihene.

All I

Cross-examined: My bungalow is half a mile away from the mosque. heard was some noise at some distance. I only heard a noise. It might have been anything else.t

Re-examined: At that time there was a Police Inspector also.

Clarence de Fry, sworn.

On the 3rd I

Sub-Inspector of Police. I did not go to Yatihene on the 2nd. passed by the bungalow of the last witness. I went there in the early part of the day. While there on the 3rd I heard a noise coming from the direction of the mosque. I could not say if the mosque was broken. I cannot say what they broke at that time. They had broken something there.

Cross-examined: I heard a noise. What was happening I could not say. On the 2nd at Walgama rioting broke out. I am Sub-Inspector of Migatenna. Miga- hawatte is my station. I do not know if there was an Inspector at Yatibene on that

date.

Jayakodi Arachchige Marshall_Pinto, sworn.

Roman Catholic. Live at Yatihene. Dispenser. On the 3rd June there was rioting at Yatihene, and boutiques were looted about 4.0 o'clock. That morning I met the first accused. He was going towards the boutiques, saying he must protect the boutiques.

Cross-examined: I was in my dispensary. I saw the crowd from Malwana passing the dispensary. I closed the planks and remained inside. I heard noise of breaking. I did not see what they did. On the 2nd I did not go to the boutiques. I do not know what happened on the 2nd. I did not visit the mosque on the 2nd. I found, on the 5th, that boutiques had been looted, as I passed by.

Re-examined: I cannot say whether anything was kept inside the boutiques. I did not go inside.

Not proved by the defence that there was no rioting on the 2nd June.

A. CHICHESTER, Lieut.-Colonel.

COLOMBO, No. 5.-FIELD General Court Martial, 26th JULY, 1915.

Prisoners:

Charges:-

1. Dalugama Mudiyanselage Don Girigoris.

2.

Henadira Arachchige Don Lewis Weerasinghe.

3. Herat Mohottige Juwanis Perera.

(a) Treason.

(b) Shopbreaking.

(c) Riotously damaging a building.

Finding

Guilty.

Death.

Sentence:-

President: Lieutenant-Colonel A. G. de V. Chichester, 28th Punjabis.

CASE against:-

COURT MARTIAL.

Preliminary Proceedings,

I. Edirisinhe Aratchige Don William.

2. Rajapakse Appuhamilage Don Hendrick.

I direct that the above-named accused be tried by court martial on charges following:-1, treason; 2, rioting; 3, riotously damaging houses; 4, riotously damaging a mosque.

1st July, 1915.

ROBERT CHALMERS,

Governor.

CHARGES against :-

295

COURT MARTIAL.

Charge Sheet.

1. Edirisinhe Aratchige Don William.

2. Rajapakse Appuhamilage Don Hendrick.

First Charge. The above-named accused, being persons subject to military law, are charged with treason, in: that they, at Kahataowita, on or about the 2nd 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 rioting at the same time and place, contrary to Section 41 of the Army Act.

Third Charge.-The above-named accused are further charged with riotously damaging a house, in that they, at the same time and place, were members of an unlawful assembly with the common object of destroying the property of His Majesty's Moorish Mohammedan subjects in Ceylon, which said unlawful assembly did unlawfully and with force damage the house of one Seku Lebbe Mohamadu Cassim, contrary to Section 12 of the Malicious Damage Act, 1861, and Section 41 of the Army Act.

Fourth Charge.-The above-named accused are further charged with riotously damaging a mosque, in that they, at the same time and place, were members of an unlawful assembly, with the common object of destroying the property of His Majesty's Moorish Mohammedan subjects in Ceylon, which said unlawful assembly did unlawfully and with force damage a place of divine worship, to wit, a mosque, contrary to Section 12 of the Malicious Damage Act, 1861, and Section 41 of the Army Act.

EVIDENCE TAken at a Field General Court Martial held at the Military HEAD- Quarters, SLAVE ISLAND, ON THE 27TH JULY, 1915.

Prisoners :—

1. Edirisinhe Aratchige Don William, Police Vidane of Opatelle. 2. Rajapakse Appuhamilage Don Hendrick, Police Vidane of

Aderkparse.

Prosecution opens.

Seku Lebbe Mohammadu Cassim, sworn.

It is a village of Age 35. Police vidane of Kahataowita for eight years. Moors. I know the two prisoners. They are the headmen of the adjoining vil- lages. On the 2nd June, from 8.0 o'clock in the morning, people collected with different kinds of weapons, led by these accused. The first accused had a horn shell and a sword, the second had a sword and a flag. At 2.0 o'clock they said: "We and the houses in the village. mosques must kill all the Moors," etc.

I got There are no boutiques. All the things were taken away from the houses. away. My house was not attacked. My house, and about fifteen other houses, were not touched. On the 4th I complained to the Mudaliyar. Subsequently I appeared in the Police Court.

They

broke

Cross-examined: I handed my report to the Mudaliyar. I mentioned names of the accused in the report. The Mudaliyar is not here. He did not give evidence in "Break; kill all the Moors," etc. the Police Court. I heard the first accused say:

There were When I saw him I was about twenty-five fathoms away in my land.

got out and saw the crowd. I gave to the about eight inmates in my house. Mudaliyar thirteen names. I do not know if any of them have been acquitted. The I do not know second accused was a headman of our village for a number of years.

if he prosecuted Moors. I saw the second about 10.0 a.m. and again at 2.30. 2.0 they began to attack houses. Mustapha Lebbe, sworn.

About

Trader. Live in Kahataowita. About 2,000 people, led by these accused, came opposite the mosque on the day of the disturbance and broke down the mosque. Houses also were damaged. These people urged the crowd, and were present when

When they broke the houses we ran into the jungle. the mosques were broken.

About twenty-seven came to the house that night. My house was not broken. houses were broken.

We

† Might not have heard any rioting.—A.C.

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