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B. Certificate of President as to Proceedings.

I CERTIFY that the above Court assembled on the 14th day of July, 1915, and duly tried the persons named in the said schedule, and that the plea, finding, and sentence in the case of each such person were as stated in the third and fourth columns of that schedule.

Signed this 17th day of July, 1915.

R. L. MUSPRATT-WILLIAMS, Lieut.-Colonel, R.A.,

President of the Court Mårtial.

E. Confirmation of Sentence of Death or Penal Servitude. SUBJECT to what I have stated in the last column of the schedule, I hereby confirm the finding and sentence of penal servitude in the case of Edmund Hewawitarne.

Signed this 27th day of July, 1915.

H. MALCOLM, Brigadier-General, Commanding the Troops, Ceylon Command.

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SCHEDULE.

Name of Alleged Offender.-Edmund Hewawitarne. Offence charged.-1. Treason. 2. Shopbreaking. Plea.-1. Not guilty. 2. Not guilty.

14th July, 1915.

Finding and, if convicted, Sentence.-1. Guilty. 2. Guilty. Penal servitude

for life.

How dealt with by Confirming Officer.-Confirmed.-H. M.

R. L. MUSPRATT-WILLIAMS, Lieutenant-Colonel,

Royal Garrison Artillery, Ceylon,

President.

18th July, 1915.

H. MALCOLM, Brigadier-General,

27th July, 1915

Commanding the Troops, Ceylon,

Convening Officer.

EVIDENCE TAKEn at a Field General Court Martial assemBLED FOR THE Trial

OF EDMUND HEWAWITARNE. Charges:-

1. Treason.

2. Shop-breaking

Sentence:-

Penal servitude for life.

CHARGES against :-

Court Martial. Charge Sheet.

1. Edmund Hewawitarne.

2. Namanidewage Albert Wijesekera.

First Charge. The above-named accused are charged with treason, in that they, at Colombo, on or about the 1st 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 shop- breaking, in that they, at the same time and place, in pursuance of the said treason, were members of an unlawful assembly, with the common object of destroying the property of His Majesty's Moorish Mohammedan subjects in Ceylon, which assembly did break into the shop of one Mohamado Yoosoof, and did commit felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1861.

CASE against:

1

307

COURT MARtial.

Preliminary Proceedings.

Edmund Hewawitarne.

2. Namanidewage Albert Wijesekera.

I direct that the above-named accused be tried by court martial on charges following:-1, treason; 2, shopbreaking

29th June, 1915

ROBERT CHALMERS,

Governor.

Whereas on the 29th day of June, 1915, I did direct that Edmund Hewawitarne and Namanidewage Albert Wijesekera should be tried by court martial on charges of treason and housebreaking,

And whereas the said Namanidewage Albert Wijesekera has already been tried by court martial and sentenced to death, and his sentence has been commuted to a sentence of rigorous imprisonment for life;

I do hereby direct that the said Namanidewage Albert Wijesekera be not tried on the said charges in pursuance of the direction aforesaid.

This order is without prejudice to the said direction of the 29th day of June, 1915, in so far as it relates to the said Edmund Hewawitarne.

11th July, 1915.

Prosecution.

ROBERT CHALMERS,

Governor,

The first witness examined by the Honourable the Attorney-General was Wapu Marikar Mohamado Yo0800f, sworn.

I am a Moorman, and live in New Moor Street. I own a building called the Crystal Palace. I am the lessee. It is a very large building. With the exception of a building recently built there is no other larger building. My stock consists of lamps, electro-plated ware, glasses, pictures, frames, etc. morning of 1st June.

I remember the did not go to my shop that morning. Either my brother

or my brother-in-law opens the shop. I sent my brother-in-law that morning to open the shop.

His name is Mohamed Kalid. I saw him in the evening of that day at about 4 p.m. He told me that my shop was broken into, and mentioned the names of N. S. Fernando's son and Don Carolis's son. He said that they came in a

car, stopped the car, ordered (?) to break the shop, and that he escaped by hiding himself and came away with great danger. I went to my shop ten days later. waited so long because I was afraid of my life. When I got there I found every- thing broken down. I estimate my loss at two lacs. (Shown photograph and asked whether that was anything like what he saw, witness replied in the affirma- tive.) I know the accused, Edmund Hewawitarne. There are articles in which we

both deal. I complained on the 6th. I was at home up to that time.

Cross-examined by Mr. Norton: I made my complaint to the Magistrate on the 6th. At that time this man was not there. I made a further statement on the 25th in the presence of the accused. I ordinarily open my shop at 8.0 or 8.30 a.m. When Kalid left home on the 1st it was about 8.0 o'clock. He lives in the same house with me. He is my brother-in-law. about half a mile from the shop. I did not see this man again from 8.0 o'clock till I am married to his sister. My house is 4.90. I have known the accused for some time two or three years or more.

I have had dealings with him for He has purchased articles from me in considerable quantities. Up to the declaration of war my dealings with him were on credit. At the end of the month he used to send a cheque. Since the war there have been cash transactions. I admit I stated as follows on the first occasion when I made my statement: "I have witnesses to prove that Don Carolis's son-not the doctor. but, I believe, Edmund Hewawitarne and Fernando's son instigated the crowd to break my shop in Keyser Street."

Mr. Norton: Now I want to call your attention to the fact that on that occasion you never said a word about a motor-car.

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PUBLIC RECORD OFFICE

Reference :---

CO. 882/10

PUBLIC RECORD OFFICE, LONDON

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