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PUBLIC RECORD OFFICE

C.O.

Reference :-

882 /10

PUBLIC RECORD OFFICE, LONDON

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136

HANWELLA.FIELD GENERAL COURT Martial.

15th July, 1915.

Prisoner :-

1. Vagiraranse.

Charges:-

1.

Treason.

Finding :-

2. Shopbreaking.

3. Riotously demolishing a mosque

4. Riotously damaging a mosque.

Sentence:-

Guilty.

Death.

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

CASE against-

COURT MARTIAL.

Preliminary Proceedings.

1. Palihenage Abraham Tissera.

2. Palihenage Simon Tissera.

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

5th July, 1915.

CHARGES against :-

COURT Martial. Charge Sheet.

1. Palihenage Abraham Tissera.

2. Palihenage Simon Tissera.

ROBERT CHALMERS,

Governor.

First Charge. The above-named accused, being persons subject to military law, are charged with treason, in that they, at Atygala, 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 said anlawful assembly did break into the shop of one Aliar Marikar Mohamadu Salip, and did commit felony therein, to wit, larceny, contrary to Section 56 of the Larceny Act, 1861, and Section 41 of the Army Act.

Evidence taken at a Field General Court Martial held at Hanwella '(GanbaB- HAWA COURT HOUSE) ON 16TH JULY, 1915.

Prisoners:-

1. Palihenage Abraham Tissera.

2. Palihenage Simon Tissera.

Prosecution opens.

Aliar Marikar Mohamadu Salip, sworn.

Have a boutique at Atygala. It was attacked by Sinhalese on the 1st June at about 4.0 or 4.30. Crowd of four or five hundred. They came from the direction of .Colombo. These two accused and other two men came leading. The first accused is the vidane of Nawagamuwa. The second accused is his brother. The four leaders came in a cart. The first accused directed the crowd to break down the houtique. Our boutique was broken first. The two accused had clubs. Things were went away in carts. My loss Rs. 3,700. They did not break the building itself.

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The boutique is my own property. Down the road there is a boutique belonging to Emis Amarasekera. That boutique also was looted. Two boutiques were looted. Sinhalese boutiques were not looted.

Cross-examined: I know the village sergeant, G. A. Gunasekera. The other two persons who came with the accused are people of Nawagamuwa. The Warusa- perumas also were in the crowd when the accused came. They were not leaders. Arnolis was there armed. He was also charged with the accused before the C'om- missioner. As they entered the boutique I hid myself in the jungle behind the boutique, and Abdul Rahiman was hiding himself in another place. I could not see him from where I was hiding. I saw Ranala, notary, and Modar Lebbe going to Hanwella and returning. I did not see Ranala, notary, and the first accused together. I heard Atygala vidane was charged. Till the 6th I was in the village. I returned on the 15th. At that time Atygala vidane was under arrest. two days of my return I saw the other boutique members in Hanwella.

Re-examined: I saw the second accused entering the boutique.

rumas did not enter my boutique.

Aliar Marikar Abdul Rahiman, sworn.

After

Warusape

Brother of the last witness. Stay in the same boutique. Was at Atygala on that day. Crowd came from Colombo side. About 500. The two accused, Arnolis. and another came in a cart. These two accused directed the people to enter the boutique. They had clubs. Boutique was looted and all things removed. When

I returned I found it so.

Cross-examined: I returned after a short time. After 7.0 p.m. I went to the village. I returned about eight days afterwards. I returned with other people.

I cannot say with whom. I cannot say whether the other boutique members came with me. When I came I did not see Mudalali in the boutique. Four of us came

in a boat as the water was high.

1

Re-examined: Those four are myself, my brother, Sherif, and a boy. Emis Amarasekera, affd.

Own a boutique at Atygala. I rented it out to Saribu, a Moorman. I know the first witness. He has a boutique at Atygala. His boutique was looted on the 1st June. I was in my boutique at that time. I saw the crowd looting. I could not recognize anybody. I cannot say who the leaders of the crowd were. At the time of the looting the first accused was in the cart. The cart was standing still. I did not see the second accused. I did not tell the Commissioner that I saw the first accused talking to the crowd. My boutique also was looted after that. Things were loaded into carts and taken away.

At

Cross-examined: All the time I saw the first accused he was in the cart. that time looting was going on. I did not see him going into any boutique. I did not see the second accused till 7.0 or 7.30 p.m.

I saw others in the cart. I could not recognize. Looting took place about 5.0 or 5.30. I saw the boutiques being looted. I am an uncle of Warusaperuma. The village sergeant and his father-in-law, vidane Arachchi. of Hanwella, are related to me. I am not aware of any ill-feeling between the village sergeant and the first accused.

Re-examined: I came to my boutique before the looting. Ismail Lebbe Mohamadu Sarið, sworn.

I have a boutique at Atygala. It was looted on the 1st June. (Similar evidence.) I saw these two accused in front of the boutique opposite mine. They finished breaking in half or three-quarters of an hour.

Cross-examined: I know the second accused for a long time before. It did not strike me to mention the name of the second accused before the Commissioner. I admit that I mentioned that I could make out those in the cart if I saw them. Vidane got down from the cart giving instructions. I did not see him after that.

Re-examined: Arnolis also was arrested. I can swear to the identity of the first accused as one of those in the cart, and also as to the identity of the second accused.

The first prisoner, affd.

Prosecution closed.

Police headman of Nawagamuwa. I did not lead a crowd at Atygala against boutiques. The village sergeant of Hanwella is not in good terms with me. I know the police vidane of Atygala. Emis Amarasekera is not related to the village ser- geant, but related to the Warusaperumas, and he gave evidence against me at the instigation of the village sergeant. I was arrested on the 23rd. I was not aware of any complaint up to the 23rd.