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PUBLIC RECORD OFFICE

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COPYRIGHT PHOTOGRAPH-NOT TO

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PUBLIC RECORD OFFICE, LONDON

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but once he comes to his office he sits down and works. If he had to go out on business he would take a rickshaw. He never goes in the car in the day-time. The car is sent home. The chauffeur always drives the car. During that morning I heard about the Crystal Palace being wrecked. It was told to me by one of our clerks about 11.0. I did not go out to see. As it was on the other side of the street we did not want to go. We thought it not even safe to go. Stones were being thrown by both parties. I saw a heap of broken bits when I came to the office in the morning. There had been a fight and there was a heap of broken tiles and bricks in Prince Street. I drive along Prince Street

Namanidéwage Albert Wijesekera, affd.

(To Mr. Norton.) I am under a sentence of conviction. I was sentenced to death on a charge of treason, and the sentence was afterwards commuted to imprison- ment for life. It was in connexion with the riot in Main Street on the 1st of June. I know the accused, Hewawitarne. I know him personally and speak to him. We do not meet socially. We have business relations with him. If we want furniture and cannot buy it elsewhere we go to him, and in the same way his firm has dealings with us.

I am a draper and stationer. The only connexion between us is our business connexion. On the 1st of June I was not connected with the riot in Keyser Street. I was at one time charged with that offence in that case. That charge has been withdrawn. On the 1st of June I did not drive in a motor-car into Keyser Street. I had a motor-car for about five years, and just about a month or so before this riot took place I sold it. I have not bought another car. I was contemplating buying one. On the 1st of June I was not associated with this gentleman, Mr. Hewawitarne. He and I never went into Keyser Street together. He and I were never in anyone's motor-car on the 1st of June. In all my life I was never in a motor-car with him. I saw him on the 1st of June at about 4.30. I met him at the junction of First Cross Street and Keyser Street. My home is in Green Path, Cin- namon Gardens. At about 2.0 o'clock I got a message to the effect that my shop had been broken into and set fire to. In consequence of that I got into my brother-in- law's two-seater car and drove straight off to the Pettah Police Station and inquired whether there was any truth in it. I was told that it was a false alarm. I asked for a police guard at my shop, but was informed that I must get permission from Mr. Daniel. I then picked Proctor Douglas de Saram and we went round from street to street looking for Mr. Daniel. On inquiring at the Fort we were told he was in the Pettah. We took the Front Street cut and asked the Town Guard whether they had seen Mr. Daniel. They said: "No." I saw Mr. Hewawitarne also. He was talking to the Town Guards. I asked him whether he had seen Mr. Daniel, and he said: "No." I then asked him what steps he had taken to protect his property, and he said he had to depend on the police and Town Guards. It was the only occasion that I met him on the 1st of June.

Cross-examined by the Attorney-General: I paid three visits to my bank that morning. The first time it was about 11.0 o'clock, and I was there for about half an hour. Then I was there from about 12.0 to 12.30, and afterwards came to Main Street. Then on my way home I got to the bank and wanted to ask Mr. Dias for his motor-car to go home. He said his car had been commandeered. I could not get a taxi, so I went home in a rickshaw. I must have got home at about 1.30 or 1.45. The first visit was between 11.0 and 11.30, the second was between 12.0 and 12.30, the third must have been about 1.0 or 1.15. I may mention that when I was there at 12.0 o'clock, speaking to Mr. Dias, somebody told him that the Crystal Palace had been looted. When he told me that I said I was sure that my shop also would not be safe that morning. From there I went to Main Street, and at the conclusion of the row I was arrested. The news about the Crystal Palace was given to me on the occasion of my visit to the bank. I fix my second visit to the bank as the time at which the news about the Crystal Palace was given to me, because on the third visit I was not there more than five minutes. As soon as Mr. Dias told me that his car had been commandeered I went to the telephone and asked for a taxi. visit to the bank I was there practically from 11.0 to 11.30. I went there on bank On my first business. After that I remained in the Fort for another half-hour. Altogether I remained in the Fort till 12.30: then I went to the shop, past Main Street, and after that I went home. I was arrested at about 12.45 opposite the Main Street shop. I was arrested after the second visit. My second visit to the bank was about

120 o'clock. I am positive that Mr. Dias gave me the information about the Crystal

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Palace before I left the Fort at 12.30. My brother Pedris and I were kept at Welikada, and on the 14th we were brought to Maradana for identification. On the 14th, 15th, and 16th we were kept there for identification. On the 15th, at about 2.0 o'clock I fix the time at that hour because it was after breakfast-the three of us were asked to put on our coats and stand behind the police station verandah. Four or five clerks of the Police Department, who had come to make up pay lists, were asked to stay with us, and Mr. Daniel brought the second witness, Kalidu, and asked him to identify the person that he had referred to in connexion with the rioting. He pointed out to me, and said N. S. Fernando's son is a fat person like myself. Then Inspector Lockhart-the person who interpreted-asked him six times whether I was the person, and he said he could not say that it was a fat person like myself. Then afterwards this very witness pointed to my brother and said: "This is Don Carolis's son-Edmund Hewawitarne." Then Mr. Daniel said: "I never asked you such a question. I never asked you to point him out." Then the man laughed, and he called him a lunatic and said that he was a liar, and asked him to clear out.

The Attorney-General: As a matter of fact there is a certain resemblance between you and your brother?

Witness: He is taller than myself. I could not say that there is a resemblance. It is a matter of opinion.

The Attorney-General: You must have often heard the resemblance commented upon

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Witness: He is about my build, but taller than myself.

The Attorney-General: You have often heard it said that there is a great family resemblance between you two!

Witness: I do not know anything at all about its being said that we resemble

each other.

The Attorney-General: At the time you were seen by this person you had been some days in custody!

Witness: From the 5th.

The Attorney-General: You do not generally wear a beard? Witness: No.

The Attorney-General: On the occasion that he saw you you had grown a certain amount of beard?

Witness: Not much. Mr. Daniel brought the second witness and asked him whether I was the person. He said that N. S. Fernando's son was a short person like myself. Inspector Lockhart, who interpreted, asked him six times: "Is he the person!" He said: "I have asked him six times and he cannot identify him as the person.

(The Attorney-General read the notes made by Mr. Daniel, which contained the following passage:-"Eight men are put in a row, including N. A. Wijesekera, N. E. Wijesekera, and E. H. Pedris. The witness pointed out N. A. Wijesekera as the man like

He hesitated a good deal and finally pointed him out as

the actual man referred to.")

The Attorney-General then recalled Kalidu, and asked him to state what took place at the identification. The witness said: This man was put before me with several others. I pointed him out the first time I was asked.

James Harcourt Daniel, sworn.

I am one of the leading police officers in Colombo. I have eleven years' service. Before that I was a planter in Ceylon. I was present at the time when Wijesekera was put up for identification. It was on the 15th June. I put Wijesekera in a row with seven other men, and I asked Kalidu to look at them and see whether N. S. Fernando's son was there. He immediately pointed out N. A. Wijesekera, saying: "A man like that." I asked him: "Was he, or was he not?" He said: Just like that." He was hesitating some time. I said: "Say one way or the other; is he, or is he not?" and he said: Yes that is the man, Don Carolis's son." I made a note at the time. (Reads note.)

Cross-examined by Mr. Norton: A portion of this conversation was through an interpreter. Apparently Kalidu knows English, because he acted on my remark. I asked him if N. S. Fernando's son was there whom he referred to, and in the very first instance he pointed out to him and said: "Like that man.'

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Mr. Norton: Although he pointed out this man at first, did he subsequently betray some hesitation !

Witness: Yes.