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1901, Didar Singh - Unfit For Publication
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Didar Singh, 1898

Below also see: Didar Singh, 1901

Northern Star, Wed 9 Nov 1898 1

LISMORE POLICE COURT.
————
Saturday, November 5.

BEFORE Mr TC McKell, PM.

Monday, November 7.

    Before Mr TC McKell, PM.

    Lala Singh, Isha Singh, Ayara Singh, were each separately charged with having assaulted and robbed one Dedar [sic] Singh. Mr McIntosh for the prosecution, Mr Jones for the accused.

    Constable Brennan deposed: On the 5th instant I arrested the three accused at Rous by virtue of a warrant, wherein they are charged with on the 29th day of September, 1898, assaulting and robbing Dedar Singh of the sum of £9. Lala Singh replied, “Allright, [sic] it was at Dunbible?” The others made no reply to the charge. The accused were pointed out to me by the prosecutor, Dedar Singh. Then brought the accused to Lismore.

    Mr McIntosh asked as the witnesses in the case reside at Dunbible, that the case be remanded to the Murwillumbah Bench.

    Mr Jones objected on several grounds.

    Inspector Carroll applied for an adjournment till Thursday for the presence of the prosecutor, which was granted. Bail allowed, self in £40 and one surety of £40, to appear on Thursday.

~ ~ ~ ~ ~

Northern Star, Wed 16 Nov 1898 2

LISMORE POLICE COURT.
————
Thursday, November 10.

Before Mr T McKell, PM, and Mr J Coleman, JP.

    Lala Singh, Isha Singh, and Ayara Singh, on bail, appeared to answer a charge of having assaulted and robbed Dedar Singh of the sum of £9. Mr Jones appeared for the defence, and Mr McIntosh for the prosecution.

    Wali Mahomet Shah was sworn in as interpreter.

    Dedar Singh, the prosecutor, through the interpreter, deposed: Am a laborer residing in Lismore, and know the three accused. Was working with them on the Tweed River. Lala Singh was the “boss.” We finished working about five weeks ago at a place 5½ miles from Murwillumbah. We were coming towards Rous, and I said to Lala, ‘You give me my money for my work I have done, and I will go with you; but if you don’t I will not go.’ He gave me £9 in all and I put it in my pocket. I then started for Rous to look for work and they came after me. They overtook me on the road, and Lala Singh was riding a horse, with the others walking. Lala Singh hit me over the head with a whip, and the three then rushed at me. They threw me down and took the money from me. A girl named Quail witnessed the robbery. I went to McMillan’s, and some Indians working there gave me 7s to pay my train fare to Lismore. When I arrived here I reported the matter to the police. Went to the Tweed yesterday, but the accused had been at Rous until arrested.

    To Mr Jones: Worked with Lala Singh at Strong’s. Lala had the contract. He never sublet the contract to me. Lala never paid me for this work. (Mr Barrie here took his seat on the bench.) It is some 12 or 13 weeks since I finished Strong’s work. It was at Dunbible Creek bridge that we parted, and it is in sight of Quail’s. There were 8 or 9 men in the morning when we separated. Dunbible Creek bridge is about 4 miles from Murwillumbah. It was about 8 am when I was robbed. Camped at Sheley’s [sic] the night previous. Know there are police at Murwillumbah. Didn’t go there after being robbed, but came to Lismore, and came and saw Wali Mahomet Shah. Don’t know there is always a policeman on the Byron Bay platform on the arrival of the night train. After the robbery found I was wounded. The girl that witnessed the robbery was about 20 yards distant. Did not call out when I was being robbed.

    Mr Jones pointed out it was most peculiar that prosecutor did not call out when robbed, also that the girl in question had stated she never saw the robbery.

    Mr McIntosh intimated that the Crown did not intend going to the expense of bringing the witnesses from the Tweed, and the PM, after commenting on the evidence, discharged the accused.

~ ~ ~ ~ ~

Northern Star, Sat 25 Feb 1899 3

LISMORE POLICE COURT.
————
Tuesday, February 21.

    Before Messrs JF O’Flynn and AT Cochrane, J’sP.

Wednesday, February 22.

    Before Mr FG Adrian, PM.

Thursday, February 23.

    Before Mr AT Cochrane, JP.

    Didar Singh, by warrant, charged with perjury, was remanded for eight days for the production of evidence.

~ ~ ~ ~ ~

Northern Star, Wed 1 Mar 1899 4

LISMORE POLICE COURT.
————
Saturday, February 25.

Before Mr AT Cochrane, JP.

    Dedar [sic] Singh, on remand, charged with perjury, was brought up. On the application of the police, accused was further remanded till Wednesday (to-day), 1st March. Bail was allowed—self in £100, and two sureties of £50 each, or one in £100.

~ ~ ~ ~ ~

Northern Star, Sat 4 Mar 1899 5

LISMORE POLICE COURT.
————
Wednesday, March 1.

BEFORE Mr FG Adrian, PM.

    Dedar Singh, on remand, charged with perjury was brought up. On the application of the police, accused was further remanded till Thursday, 2nd. Bail was allowed—self in £100, and two sureties of £50 each, or one in £100.

~ ~ ~ ~ ~

Northern Star, Wed 8 Mar 1899 6

LISMORE POLICE COURT.
————
Thursday, March 2.

BEFORE Mr FG Adrian, PM.

ALLEGED PERJURY.

    Dedar Singh, on bail from the previous day, was charged that he did on 10th November, before Mr TC McKell, PM, swear as follows: “Lala Singh hit me on the head with a whip. The three accused hit me, knocking me down, and took my money from me. I did not go away with another man,” etc.

    Accused was defended by Mr McIntosh.

    Mr Jones conducted the prosecution.

    Wali Mahomed Shah was sworn as interpreter.

    AT Cochrane, CPS, deposed: Produce records of the case in which Lala Singh, Isha Singh, and Ayara Singh were charged on 10th November, before Mr TC McKell, PM, and Mr JW Coleman, JP, with assaulting and robbing one Dedar Singh. The accused were arrested on a warrant taken out be Dedar Singh. The accused were discharged.

    AS McFarland, Assist[ant] CPS, deposed: I was arresting witness to the mark attached by Dedar Singh to the depositions in the assault case. The accused before the Court is the person to whom I refer.

    Senior-sergeant Tippett deposed: I was on duty in the Court during the hearing of the charge against the three Indians in November. The evidence of Dedar Singh was taken through an interpreter, Wali Mahomed Shah , the present interpreter. The oath was properly administered to the interpreter. Wali Mahomed Shah swore Dedar Singh.

    Lala Singh, contractor, deposed: Remember 28th September. Slept in Schelly’s barn on the Tweed River. Nine others were in the barn that night. They were Hira Singh, Davi Ditta, Indar Singh, Kisham Singh, Dedar Singh, Sahdi Singh, Isha Singh, Ayara Singh, Partav Singh. We got up at sunrise next morning, and all came towards Rous. When we came to Quayle’s, half an hour after starting, Kisham Singh and Dedar Singh went to Murwillumbah. The other eight of us to Rous. Did not see Dedar Singh and Kisham Singh again that day. Isha Singh, Ayara Singh, and myself never assaulted Dedar Singh that day or any other time. We all stopped at Tyagarah that night.

    To Mr McIntosh: I was the “boss” of the gang. Went from Rous to Schelly’s to bring the gang back on the 28th September. Dedar Singh said he would not go to Rous. I was riding and they were walking.

    Isha Singh and Ayara Singh gave corroborative evidence.

    The Bench discharged accursed on the ground that the Judge’s order giving leave to institute the prosecution is for an offence alleged to have been committed on 10th November. The information and warrant related to an offence on 30th November, 1898.

    Accused was shortly afterwards arrested on a fresh warrant charging him with perjury on 10th November.

    Mr McIntosh again appeared for accused, and Mr Jones for the prosecution.
Wali Mahomed Shah was sworn as interpreter.

    Senior-sergeant Tippett, on oath, stated: By virtue of a warrant (produced) I arrested the accused to-day, 2nd March, outside the Courthouse. I read the warrant to him, which was interpreted to him through Wali Mahomed Shah. He made no reply. Was present on duty in Court on 10th November last, when Lala Singh, Isha Singh, and Ayara Singh were charged with assaulting and robbing one Dedar Singh. Wali Mahomed Shah acted as interpreter in the case, and was sworn in the usual way.

    Accused, when asked if he wished the evidence given in the previous case interpreted to him, replied that he did not. The evidence was therefore read over to the several witnesses and deposed to as correct.

    This concluded the evidence for the prosecution.

    Accused elected to call evidence.

    Gregory Cahill, farmer, residing at Dundible, deposed: I know the accused. Saw him about the end of September along the road, about 9 am. He was coming towards Lismore, about three-quarters of a mile from Dundible. He had a big wound on his head, and his clothes were torn. His side was also cut, and he said that his countrymen had robbed him of £7 or £9, I forget which. He was very excited, and said he would get a policeman. The blood was running down his neck.

    This concluded the evidence, and accused was committed to take his trial at the next Court of Quarter Sessions to be holden at Lismore on 15th March next. Bail allowed, self in sum of £100, and two sureties of £50 or one in £100.

    The several witnesses were also bound over appear on that date.

~ ~ ~ ~ ~

Northern Star, Sat 18 Mar 1899 7

LISMORE QUARTER SESSIONS.
————

THE Quarter Sessions opened on Wednesday, at 10 am, before his Honor Judge Coffey, with Mr Browning as Crown Prosecutor.

    The jury list was called over, and, with several exceptions, answered to their names. H Lumsdine was excused on a declaration being filed. Alexander Campbell, who asked to be excused for reasons shown, was allowed to absent himself. Patrick F Campbell was fined £2 for non-attendance.

    Previous to the business of the Sessions being opened Messrs Robert Campbell, Bangalow, and John Craig Morrison, Mullumbimby, were sworn in as magistrates.

PERJURY.

    Didar Singh, on bail, was then arraigned, charged with having on 10th November, 1898, before Mr TC McKell, PM, and JW Coleman, JP, wilfully sworn as follows:—“On the 29th September, near Murwillumbah, Lala Singh did hit me and Ayara Singh, Isha Singh, and Lala Singh rushed at me and took £9 from me.”

    Accused pleaded “Not guilty,” and was defended by Mr McIntosh.

    Mr Browning explained that an important witness for the Crown was absent, and that he wished the cas remanded to the next Sessions to be holden at Lismore in July.

    The accused was accordingly remanded to the next Court of Quarter Sessions. Bail was allowed as before, self in £100 and two sureties of £50 or one of £100. The several witnesses were also bound over to appear on that date.

~ ~ ~ ~ ~

Northern Star, Sat 15 Jul 1899 8

LISMORE QUARTER SESSIONS.
————
THIRD DAY—Wednesday.
————

THE COURT re-opened at 9 am.

PERJURY.

    Dedar Singh, on bail, was arraigned charged with that he did at Lismore on November 10 last wilfully and falsely swear that on the 29th of September, at Murwillumbah, one Lal Singh did hit him on the head with a whip and take £9 from his pocket, he well knowing the same to be false.

    Accused pleaded not guilty, and was defended by Mr McIntosh.

    Jury: JH Frith (foreman), H Dunsmore, JG Goswell, J Elliott, P McIntosh, A Moles, W Mitchell, T Lindsay, JH Armstrong, J O’Connor, M English, and W Butler.

    Mr Lillingstone and Wali Mahomed Shah were sworn in as interpreters.

    The case arose out of a Police Court case when Lal Singh was charged at the instance of accused with robbing him.

    Wali Mahomed Shah gave evidence as to his acting as interpreter in the case before the Police Court against Lal Singh and others. I administered the oath to accused, and interpreted his evidence. What I translated was written down and translated back to accused in Punjaubee. [sic] I told him truly what was written down. Saw him put his mark (The depositions were put in and read.)

    The evidence of the foregoing witness was interpreted by Mr Lillingstone, and the depositions were also interpreted.

    By Mr McIntosh: Saw accused the day following the alleged assault. He had dry blood on him from a wound on his head. His turban was nearly covered with blood. He had not a penny on him. He told me Lal Singh and others had robbed him, and he wanted me to come and issue a warrant. I said we will see Lal Singh and get your money back. I gave him no money to go back. He got a letter from you to take to Constable Kane.

    Lal Singh deposed: Had been working on the Tweed. On 28th September 10 men slept at Mr Schelly’s (? Shultz) [sic] barn. Their names were Dedar Singh, Hera Singh, David Ditta, Inda Singh, Sandhi, Kishan Singh, Hazara Singh, Ishar Singh, Partab Singh, 9 and myself, Lal Singh. We then shifted to Quail’s place. On the way two men went to Murwillumbah—Dedar and Kishan, and all the rest went to Rous. We camped at Tyagarah that night. Did not see Dedar Singh again till 10th October. I never beat Dedar Singh. We parted good friends. At Shelly’s we each earned £1 1s. Were working 8 or 9 days. Think he sent his money to India. Think he had 3 left. I never robbed him of £9.

    Cross-examined by Mr McIntosh: At Shelly’s barn he did say if I paid him all the money he would go to Rous. He was working at Billy Strong’s 13 days. Did not pay him because he did not finish. He was working at Ergates, too, and Costello’s. I paid him for that. I rode a horse from Wardell to Rous, the other men walked. I had no whip.

    Ishar Singh, brother to Lal Singh, deposed: Remember 28th September, when we left Shelley’s [sic] on our way to Quails, between the two places accused was with us. No attack was made on accused or his money taken from him. There was no row about money. Accused had £2 on him. He had £1 before, and £1 he got from Shelley’s job.

    Cross-examined by Mr McIntosh: I had no money. Previous to Shellley’s we worked at Smith’s. each man got £2 18s. Accused was not working there, he was at Rous then. Another party told me. There was no row about Billy Strong’s money at Shelley’s. accused didn’t say he would not go to Rous unless he was paid. Won’t swear on a glass of water what I have said, but will swear on Granth Sahib (a Sikh Bible.) Was never sworn on a glass of water in India. I am a Sikh.

    Hazara Singh deposed: Was working with Lal Singh, and worked for three years. Didar Singh was working about 8 or 9 months before September.

    Cross-examined by Mr McIntosh: He said you didn’t pay me that Strong’s money, they only earn 2s a day at Rous, I will stay here. He said unless you pay me Billy Strong’s money I won’t go.

    Constable Kane deposed: On 3rd October accused made a complaint. He had several marks on him as if cut with a switch on the head.

    Cross-examined by Mr McIntosh: I could not understand him very well. Know Florence McMillan. She lives about ½ a mile from where the alleged assault took place. Also spoke to Rosannah Quail. When I was coming back saw Rosannah Quail and accused pointed her out. I asked her did she know accused. She said yes, last saw him one day the latter end of last week, about Thursday. Said, where was he. She said with Lal Singh and some other Indians. She said they were going that way, pointing in the direction of the Lismore road. This is where accused said he was assaulted. Said do you know Lal Singh, she said yes, he worked for father. I said, did you see accused later on. She said yes, ½ an hour after I was coming from McMillan’s hill and I saw accused coming back. Asked did she notice anything the matter with him. She said, “yes he had blood on his face.” Said, “Did you where he went.” She said, “yes, up to McMillan’s.” I then took accused up to McMillan’s and saw Florence McMillan. She said she saw him the latter part of the week. Asked in what condition was he. She said he had some blood on his face and appeared to be dazed. I gave him two cups of milk to drink and it seemed to revive him and he went away. Shelley’s (Shultz’s?) [sic] place is about two miles away. If Lal Singh’s evidence is correct, that they separated where he said they did, the little girl could not have seen them as she says she did. After he got the milk he went to another gang and got 7s for his train fare.

    To Mr Browning: Did not ask her the hour she saw them.

    Accused deposed what he told the magistrates was all correct. Had £9 when I left Shelley’s place. He said, “If you give me the last money (£4) then I will go with you.” Walked from Lismore to Murwillumbah.

    By the Crown Prosecutor: Carried my money in my pocket. It was in green notes. Lal Singh took the notes out, the others (Ishar and Zara) held me down.

    Rosannah Quail deposed: Know Lal Singh. He was working for my father last September and the old man (accused), too. Know the other two. Remember seeing them one morning on the road to Lismore. After, saw accused coming back. Coming back there was blood on his face. He didn’t speak to me; he went on to Mr McMillan’s place.

    Witness indicated on a sketch of the locality the road she saw them on going to Lismore all together. They had gone two chains from the junction before she lost sight of them. Half an hour after saw accused return.

    Henry Quail, father of previous witness, deposed: Know accused and some of the witnesses. They stripped some cane for me. I saw them leaving and saw them as far as the Junction. Did not see one man come back. This was about 7 o’clock.

    Gregory Cahill, farmer, Dundible, deposed: Live about 3 miles the Lismore side of the Junction. Saw accused one morning in September on the road about 8 or 9 o’clock. He was ¾ of a mile from my place. He was on the road by himself coming to Lismore. He was fearfully excited and covered with blood. Blood was running down his head. He said his countrymen had robbed him of £9. He asked me if I saw a Hindoo man on the road. Told him no. he went on. His shirt was torn and I could see his skin and a scratch on the ribs.

    By the Crown Prosecutor: He did not mention any names. I did not know the gang he was with.

    Narani Singh deposed to being with a gang on the Tweed working for McMillan. Accused came after the fight. He was bleeding from the head. He asked for money, and got 7s or 8s.

    His Honor asked was the evidence of the little girl given at the Police Court?

    The Crown Prosecutor replied, “no.” He understood it had been discovered since. After hearing her evidence he could not possibly press the charge.

    His Honor said it was a very serious charge, and he could not take it from the jury, but must leave it entirely with them. This man (accused) alleged he was assaulted by Lal Singh and two other men, that those held him down, and Lal Singh robbed him. The latter swear they never touched him, and never assaulted or robbed him. At the Police Court proceedings the only evidence against Lal Singh was accused’s own statement, but the magistrates evidently did not consider there was sufficient evidence to convict, and the case broke down. Lal Singh then had accused arrested and charged with perjury. The story of accused was that these men attacked him and robbed him. They, on the other hand, swear that they parted from him at the junction of the roads to Murwillumbah and Lismore, and never laid eyes on him until October 10. He then referred to the evidence of the girl and her father. The question for them was wether this statement of the European evidence was not correct. Accused was seen about 6.15 going along the road, they swear he never went along. The little girl swore she saw him going down the road, and also that she saw him coming back about half an hour after, and his head was covered with blood. Did this not bear out accused’s statement. It was a question whether the three men who had given evidence should not be in accused’s place.

    The jury without leaving the box gave a verdict of acquittal, and accused was discharged.

    His Honor said he quite agreed with the verdict, and asked the Crown Prosecutor to make inquiry into the facts of the case which had just come to light. It appeared to him to be a gross case of conspiracy.

    The Crown Prosecutor was of his Honor’s opinion, and said he had already taken action. He at once handed up to his Honor an information for the arrest of the three principal witnesses.

    Lal Singh, Ishar Singh, and Hazara Singh were thereupon arrested and placed in the dock and arraigned charged with having on the 29th September last, near Dundible, maliciously wounded Dedar Singh. A second count charged them with common assault.

    The indictment was interpreted to them.

    Lal Singh said it was “not any my fault.” the three accused pleaded not guilty.

    His Honor said it was not his intention to try them at that Court, he would remand them till next Court and allow bail.

    This was fixed as follows: Lal Singh self in £100, and two sureties of £50 each, or one of £100, and in the case of the other two accused, £80 each, and two sureties of £40 each, or one of £80.

    The several witnesses were also bound over to appear at next Court of Quarter Sessions, to be held on November 20.

~ ~ ~ ~ ~

Northern Star, Sat 25 Nov 1899 10

LISMORE QUARTER SESSIONS.
————

THE SESSIONS opened on Wednesday at 10 am.

MALICIOUSLY WOUNDING.

    Lal Singh, Ishar Singh, and Hazara Singh were arraigned charged with maliciously wounding one Didar Singh on September 28, 1898.
    Accused pleaded not guilty, and were defended by Mr Jones.
    Jury: J Quigley, WH Gray, J McD Cameron, Patrick Maher, AJ Gorton, E Boyle, C White, M O’Meara, EH Graves, AJ Simpson (foreman), T Walsh, J Patterson.

Didar Singh, 1901. SRNSW: NRS2138, [3/6066], Photo: SRNSW
Didar Singh, 1901. SRNSW:
NRS2138, [3/6066], Photo: SRNSW

    Didar Singh, cane chipper, North Creek, deposed: Know the three accused. Remember September last year, when accused beat me. Was camped near the Tweed River, near Quayle’s. I left Shelley’s house in the early morning. I had camped there the previous night. I went along the Rous-road. I had gone, I think, about 200 paces, when the accused overtook me. They beat me and robbed me. I was cut and bruised and lost a lot of blood. They used a whip to beat me. Lal Singh used the whip. Ishar Singh hit me with a brushing hook, and Hazara Singh hit me with his hands. After I recovered consciousness I got up and went to McMillan’s house. On the way to the house I saw a girl. I afterwards went and saw some of my countrymen. I said something to them. Afterwards made a complaint to the police at Lismore.

    To Mr Jones: There were ten of us left Shellley’s that morning. They were, Hera Singh, Hazara Singh, Lal Sign, Ishar Singh, Partap Singh, Indhra Singh, Sandhai Singh, Davi Ditta, Kishen Singh. 11 Lal Singh had his riding whip with him. Kishen Singh left us and went to Murwillumbah. I did not go along the Murwillumbah-road with Kishen Singh. Was working for Lal Singh at Strong’s place, Rous. Lal Singh owed me £4 10s. He has never paid me, although I asked him for it. I asked him for the money at the corner of the Rous turn-off that morning. Do not know an Indian man named Menahm. I came in by train to Lismore. Next morning I made a complaint to Mr McIntosh and Wali Mahomed. Don’t know Chanda Singh.

    Rosanna [sic] Quayle, residing at Dunbible, deposed: See the accused and prosecutor. They all worked for my father in September last year. One day saw them all going along the road. I afterwards saw prosecutor alone going towards McMillan’s. His face was all cut, and blood coming down his cheeks. This was about half an hour after I saw them together. This was about 1½ chains from the bridge. I had been helping my father with some pigs to the Railway Station. It is about 1½ miles from our place to the station. I was returning home when I met prosecutor. It was about 10 am when I left my father. It was about 10.30 when I met prosecutor.

    Florence McMillan, residing near Dunbible, deposed: Remember September 12 months ago. Saw prosecutor the morning of the assault. He appeared wounded. His face was bleeding, and he said his countrymen beat him. He appeared as if he had been knocked about, but he could walk. He came to our house. Gave him something to drink. Did not see where he afterwards went.

    To Mr Jones: Our place is ¼ mile from Mr Quayle’s. the bridge and Rous turn off is between our place and Quayle’s. we are 1½ miles from Murwillumbah.

    Gregory Cahill, farmer, Dunbible, deposed: Remember seeing Didar Singh one day in September last year. He had blood flowing from his head. It was between 8 and 8.30 am. His shirt was all torn. He was very excited and complained to me. He asked about the police. He told me something else.

    This was the case for the Crown.

    For the defence:—

    Max Schelley, farmer, Dunbible, deposed: Know the accused, also prosecutor. Remember September 1898. There were ten of them at my place. They left about 6 o’clock one morning. Lal Singh left his whip behind. It was picked up at the sliprails some days afterwards. Did not see it picked up. Lal Singh came back some days after. He got his whip.

    Menahm, a Hindoo, also gave evidence that he saw Didar Singh and Kishen Singh together near McMillan’s house on the morning of the assault. They were alone. Did not see any blood or wounds on Prosecutor. Didar Singh told me he had been beaten by Lal Singh.

    Partap Singh deposed: Know accused and prosecutor, also Shelley’s place. Kishen Singh and Didar Singh went over Dunbible Creek Bridge. Nobody interfered with Didar Singh. I was in sight of the accused all day and they never assaulted prosecutor.

    Hyra Singh, Sadah Singh, Jemmel Singh, Chunda Singh, Partap Singh (recalled), also gave evidence.

    Constable John Brennan deposed: Didar Singh was at Rous for the purpose of identifying three accused. He did identify the accused.

    Henry Quayle, residing at Dunbible, gave evidence relative to his going with his daughter Rosanna to the Dunbible Railway Station on the day of the alleged assault. The witness said he did not think he had his watch with him that day.

    Lal Singh was sworn, and deposed: Never stopped at Quayles. [sic] We just halted for a few minutes and went on again. Never had my whip that day. Left it at Shelley’s. did not go back for it that day. Went and got it about 7 days afterwards. Prosecutor did not ask me for the money on the road, but he did at Shelley’s. separated from Didar Singh at the Dunbible bridge. Only Kishen Singh went with Didar Singh, in the direction of Murwillumbah. We continued along the Rous road. We never molested or interfered with prosecutor. After we turned down the Rous road, we never saw a sign of Didar Singh and Kishen Singh. Do not come from the same village in India as prosecutor.

    Didar Singh was called by Mr Jones, and deposed: Am a native of Pasla, India. Know where Nermahaul is. I served six months in that village for assault.

    This closed the evidence.

    Mr Jones addressed the jury, and the Crown Prosecutor replied.

    His Honor summed up, and the jury retired at 4.30. After an hour’s retirement the jury returned, and the foreman announced that they were about equally divided. Several questions on certain parts of the evidence were asked His Honor, who informed the jury that they could find the accused guilty on either the first or the second count. The jury again retired for ten minutes, and returned with a verdict of guilty against the accused on the second count of common assault.

    The accused were remanded for sentence.

Thursday.

The Court opened at 10 o’clock.

SENTENCES.

    Lal Singh, Hazarah Singh, and Ishar Singh, found guilty of common assault the previous day, were brought up for sentence.

    The police stated there was nothing known against the accused. His Honor sentenced each of the accused to two months hard labor in Casino gaol.

 


 

Didar Singh, 1901

Northern Star, Wed 12 Jun 1901 12

    LISMORE QUARTER SESSIONS AND DISTRICT COURT.—The District Court and Quarter Sessions open here this morning at 10 o’clock before His Honor Judge Heydon, with Mr RJ Browning as Crown Prosecutor. For the District Court there are some 25 plaints, and undefended cases will probably be taken this morning. For the Sessions the following cases are set down for trial—From Lismore Bench: William Chowne, alleged attempting to steal from the person; John Ruane, alleged cattle stealing (two charges); Arthur Horton, alleged larceny of a horse, saddle and bridle. From Coraki Bench: Arthur Horton, alleged stealing from a dwelling. From Ballina Bench: Didar Singh, alleged bestiality.

~ ~ ~ ~ ~

The Richmond River Herald and Northern Districts Advertiser, Fri 14 Jun 1901 13

LOCAL AND GENERAL NEWS.
————


    LISMORE QUARTER SESSIONS.—This court opened before Judge Heydon on Wednesday last.

     In the Ballina duck case the jury found Didar Singh guilty and he was remanded for sentence.

~ ~ ~ ~ ~

Northern Star, Sat 15 Jun 1901 14

LISMORE QUARTER SESSIONS.

    The Sessions opened here on Wednesday at 10 am before his Honor Judge Heydon, with Mr RJ Browning as Crown Prosecutor.

    The only representatives of the Bar were Mr Ackland and Mr Watts.

    All the jurors with two exceptions, answered to their names when called. One of these (John Kay) was fined £2 for non-attendance. Subsequently Mr Kay appeared, and having given satisfactory explanation for his absence, his Honor remitted the fine. Another juryman asked to be excused from attendance, as his old age prevented him discharging his duties satisfactorily. His Honor graciously accede to the request, and informed the applicant that if he felt incapable to act he could apply and have his name erased from the jurors’ list.

    The name of John McCrae was called, but there was no response.

    Mr Browning said he had been asked by Mr McCrae to make an explanation for his non-attendance. Mr McCrae was an officer in the Casino Squadron of Lancers, and had been put on the jury list. Mr McCrae had been held a commission for upwards of nine years, and he (Mr Browning) thought it was only fair when he gave up so much of his time to a public or Government matter that he should be excused from having to serve on the jury. In fact they were absolutely exempt from the Act. Mr McCrae thought there must be some mistake when he found his name was on the list. If any one was to blame it was the police, for allowing his name to be put on the list.

    His Honor quoted the opinion of the Attorney-General on the matter. Being on the roll and neglecting to have his name removed, Mr McCrae had made himself liable. If a mistake was made in placing Mr McCrae’s name on the roll, the latter had also made a mistake in not getting it taken off. Had he done this, another juror would be in attendance to-day to take his place. Mr McCrae must bring the matter before me in a proper way and forward an affidavit or statutory declaration. His Honor inflicted the usual fine of £2.

    The following newly-appointed Justices of the Peace were then sworn in:– Messrs James Armstrong, William J Bate, Alexander J Brown, Peter Nelson, John Moorhead, JG Locke, and William Gwynne.
    The criminal business was then proceeded with.

BESTIALITY.

    Didar Singh, a Hindoo, was arraigned, charged with committing an unnatural offence at Tintenbar.

    Accused pleaded not guilty, and was undefended.

    Atta Mahomed Shah was sworn as interpreter, but prisoner, who could not speak English, protested in an unmistakable manner against the interpreter as likely to favor the Crown case.

    There being no other interpreter present, there was no option but for his Honor to adjourn the case till the following day in order to secure the services of a second interpreter.

Thursday.

    The Court re-opened at 10.30am.

BESTIALITY.

    Didar Singh, on remand from the previous day, was again charged with committing an unnatural offence at Emigrant Creek.

    Delph Singh and Atta Mahomed Shah were sworn as interpreters.

    Jury—Messrs JJ Malone, WD Foster, W Robertson, C Darrow, R Barlow, J Johnstone, H McPherson, W Leben, E Johnstone, G Wilson, FW Lance, and J Cawley.

    The evidence in this case was of such a nature which prevents its publication. Accused’s guilt was very clear, and the jury after a few minutes’ retirement returned with a verdict of guilty.

    Accused was remanded for sentence.

    At 7.10 the Court was adjourn ed till the following day.

Friday.

    The Court re-opened at 10.10am.

SENTENCES.

    Didar Singh, found guilty of bestiality, was sentenced to two years’ hard labour in Darlinghurst gaol.

~ ~ ~ ~ ~

Clarence and Richmond Examiner, Tue 18 Jun 1901 15

LICENSING COURT.
————

YESTERDAY, before the PM, and Mr WJ Hawthorne, JP.

The Lismore Sessions concluded on Friday. Arthur Horton, larceny of horse, saddle and bridle, and entering dwelling (three charges) was sentenced to 18 months on each charge in Darlinghurst gaol, sentences to be concurrent. John Ruane, found guilty of stealing a bullock was sentenced to fifteen months hard labour in Darlinghurst. Didar Singh, a Hindoo, for beastiality [sic], received two years in Darlinghurst. William Chowne, on a charge of alleged attempting to steal from the person, was acquitted. The District Court is likely to extend till Tuesday, as three or four heavy cases await trial.

~ ~ ~ ~ ~


Didar Singh, Gaol photo sheet 16

SRNSW: NRS2138, [3/6066], Darlinghurst Gaol photographic description book, 1900-1901, No. 8420, p. 259, R5109.


Gaol Photo Sheet - 
Transcribed Details

No. 8420
E Book 01.3322

Date when Portrait was taken: 17-7-1901

Name: Didar Singh

Native place: India

Year of birth: 1841

Arrived       Ship: Unknown
in Colony }   Year: –

Trade or occupation  
previous to conviction  } Laborer

Religion: Buddhist

Education, degree of: R & W

Height: 5' 8¼"

Weight     On committal: 156
in lbs     } On discharge:

Colour of hair: Dark brown

Colour of eyes: Black


Marks or special features: Deep scar in front of right shoulder

(No. of previous Portrait ... ) 

PREVIOUS CONVICTIONS

Where and When Offence. Sentence

Lismore Q.S

13

 6

1901

Bestiality

2 years H.L.

 


1     Northern Star (Lismore, NSW), Wed 9 Nov 1898, p. 4. Emphasis added.

2     Northern Star (Lismore, NSW), Wed 16 Nov 1899, p. 5. Emphasis added.

3     Northern Star (Lismore, NSW), Sat 25 Feb 1899, p. 5.

4     Northern Star (Lismore, NSW), Wed 1 Mar 1899, p. 4.

5     Northern Star (Lismore, NSW), Sat 4 Mar 1899, p. 5.

6     Northern Star (Lismore, NSW), Wed 8 Mar 1899, p. 4. Emphasis added.

7     Northern Star (Lismore, NSW), Sat 18 Mar 1899, p. 5.

8     Northern Star (Lismore, NSW), Sat 15 Jul 1899, p. 4. Emphasis added.

9     Names transcribed as found in the newspaper report. Some of them are spelled differently compared with the Police Court details.

10   Northern Star (Lismore, NSW), Sat 25 Nov 1899, p. 4. Emphasis added.

11   Names transcribed as found in the newspaper report. Some of them are spelled differently compared with the Police Court details.

12   Northern Star (Lismore, NSW), Wed 12 Jun 1901, p. 4. Emphasis added.

13   The Richmond River Herald and Northern Districts Advertiser, (NSW), Fri 14 Jun 1901, p. 4.

14   Northern Star (Lismore, NSW), Sat 15 Jun 1901, p. 4.

15   Clarence and Richmond Examiner, Tue 18 Jun 1901, p. 4. Emphasis added.

16   SRNSW: NRS2138, [3/6066], Darlinghurst Gaol photographic description book, 1900-1901, No. 8420, p. 259, R5109.