An account of the Indian Jugglers Cassim and Abdallah, who were convicted of murder in 1863
In January 1863, James Lane, an employee of station owner
James Fagan made an odd discovery at White Sawpit Creek, near Queanbeyan in New
South Wales.
Hanging on a twig he found a battered coat, inside of which
was a piece of chalk, two empty gold bags, a pack of cards and a play bill
advertising Madhoul and Co of Bombay and
Madras. Leaving the coat on the tree,
James took his finds back to one of his fellow employees. They returned
to the creek, and James' odd discovery soon became a gruesome one. Upon further
investigation, they found a heavily blood stained shirt, several human bones,
which had been eaten by feral animals, a
skull with several deep cuts on it, spurs , trousers and a hat. It seemed clear from these discoveries that
an evil deed had been committed at Sawpit Creek.
Suspicion soon fell upon two Indian Jugglers, Mahomet Cassim
and Mahomet Abdallah. They were brothers from India who in August to October
1861 had been performing with Burton's circus. Advertised as "renowned Indian performers from the
Court of the Rajah of Mysore', they had performed acrobatic tricks with knives
attached to their bodies, cut apples on their hands with swords and probably
juggled knives, hence their appellation as jugglers. In November of 1861, they
were seen in the Queanbeyan area accompanied by a third man whose name was
unknown.
Cassim and Abdallah were quickly arrested for murder of
their unnamed Indian companion.
They had been in Australia for several years. They tumbled
and juggled their way across the country, until on reaching Lambing Flat in New
South Wales, they met a compatriot, who promised that he could increase their
earnings by hiring halls for them to perform in. They were interested in this
proposal because their English was so poor they were having difficulty in
obtaining employment. Soon their new friend was acting as their manager and
interpreter as the three travelled around the countryside.
In October 1861 they were working with Burton's Circus in
Goulburn as headliners. So it was that the trio arrived in the area around
Sawpit Creek. In November, according to witnesses, they had asked to perform
for the shearers who worked in the area.
They did so and stayed in a hut on a nearby property.
According to witnesses at their trial, one day the three men
headed out to look for their lost horses.
Apparently they walked towards the creek, but only two men returned.
Further witnesses stated that Cassim and Abdallah had left
the area by horse drawn carrier. During the journey towards Queanbeyan, Cassim
had stated that they had been robbed by their friend who had disappeared. Another
witness said that Cassim stated that he
would 'cut off the man's head' if he found him.
The trial failed to produced conclusive evidence that the
bones, the hat and the coat had belonged to the man accompanying the Indian
jugglers. A doctor testified that the cuts on the skull probably came from an
Indian broadsword and other witnesses declared that the coat and hat discovered
resembled that worn by their companion.
Despite the paucity of evidence, Cassim and Abdallah were
found guilty and sentenced to death by hanging for murder.
The case caused some controversy. The lack of solid evidence
was noted by the press and a letter was written to parliament requesting a
review of the trial. The men's lack of English skills, their inability to
testify or question those who accused them was cited as causes for the review. One doctor stated that
the skull was too weathered and old to be that of the missing man. Furthermore,
a fellow prisoner with Indian experience wrote a letter to the newspapers
citing Cassim's claims of innocence and pointing out the flaws in the trial.
Due to these protestations, Abdallah's sentence was commuted
to life imprisonment, but Cassim, deemed to be the leader of the two, was still
condemned to death.
Cassim wrote a letter to the governor protesting his
innocence. He also requested that he be shot instead of hanged because this was
a more appropriate end according to his
religious beliefs. He further asked that his remains be taken care of by a man
of his own religion from Sydney, as there were no Imams available in Goulburn
Gaol.
On the day before his death in June 1863, Cassim and
Abdallah sewed traditional clothing for the occasion. When the day dawned, Cassim
donned the simple robe and a hat He embraced his brother tearfully and bravely
walked towards the gallows. After the drop, his body twitched for three minutes
or more, the unusual length of time was said to be due to his acrobatic
profession.
Were the brothers guilty of murder? The circumstantial
evidence certainly pointed towards it, but they would probably have been
exonerated if they hadn't been jugglers of a different race. Their real crime
was their itinerant employment, their shady occupation and their cultural
difference.
Surprisingly, some of the press supported their innocence. However,
the government, the law and the conservative society of squatters could not
overcome their prejudice. Even in death Cassim was not permitted the dignity of
his own religion, his body was carted off and buried in the Church of England
cemetery near Goulburn. His brother remained in prison and his fate was not
recorded.
In 1867 a young boy minding sheep found some items of Indian silver lying in the
gravel and dirt of Sawpit Creek. The tokens were identified as belonging to the
man who had accompanied the Indian jugglers. This find was said to be
conclusive proof that he had been murdered by Cassim and Abdallah.
Thank you for your account of the dreadful events connected with Cassim and Abdallah Mohamet, amazing jugglers who traveled with Henry Burton's Circus. My great-great-grandfather was bandmaster for Mr. Burton at the time and would have known the two Indian performers. Unfortunately he left no record of this.
ReplyDeleteI have been looking closely at the newspaper accounts and the inquiry by the Legislative Assembly following Cassim's (botched) execution on May 27, 1863 in Goulburn.
Like many people at the time, I am convinced that there was a grave miscarriage of justice for the two Indians, who spoke little English. In general, the public, the press in Queanbeyan and Goulburn (but not in Sydney), the jury, and the Judge (Mr. Justice Edward Wise), quickly came to the conclusion (weeks before the trial) that the two jugglers were responsible for the death of their compatriot – who remained unnamed. The actual trial and sentencing in Goulburn took only one day, with Justice Wise. But if you look at the evidence presented, and how it was discovered, it seems equally possible that the two Indians were framed by someone, perhaps a local person who attacked the victim and stole money that had been entrusted to him. We don't even know the identity of the victim whose skeleton was found 14 months after the Indian jugglers visited Queanbeyan. The skeleton may have been that of a crime victim at some earlier date. Bushrangers were common in the area, and there was great fear of marauding criminals. Although Henry Burton had a good reputation, all circus people were suspect because they came from outside "accepted" society. Non-Europeans were automatically suspect as well. And an amazing swordsman like Cassim brought shivers down the spine of many.
Once the jury returned their guilty verdict in the evening, Justice Wise lost no time in telling them "Prisoners, you have been found guilty of the willful murder of your fellow-countryman; you thought that you would not be discovered, but the God who sees everything has directed you should be found out." He then sentenced them to death. (Goulburn Herald, March 28, 1863, page 2)
You are right that Cassim was buried in the Church of England cemetery, which I understand is next to the gaol. The only persons to show compassion on the two prisoners were the gaol's wardens, fellow prisoners, and the C of E clergyman who allowed
Cassim's interment in a manner that corresponded somewhat to Cassim's wishes. At least there was an inquiry on the part of the Legislative Assembly, which pointed to the inadequacies of the procedures and the rush to judgment about non-Europeans. Cassim, suffered horribly on the scaffold; the witnesses feared "it would be necessary to take hold of the prisoner's feet in order to produce death." (The Golden Age, Queanbeyan, May 28, 1863, p. 2, picking up a story from the Goulburn Chronicle of May 27.) Papers around the country picked up the gruesome story.
But what happened to the younger brother (or partner), Abdullah Mahomet, who was about 19 or 20 at the time? He was sentenced to hard labour for life, the first three years in chains. He had a delicate physique and seems to have been completely dependent emotionally on Cassim. It seems unlikely that he could have survived for long with that sentence.
I notice that there was a "Cassim Mahomet" born in Wee Waa, NSW around 1895, who served in the Australian forces in World War I. He enlisted in Adelaide in 1916 and stated that his mother lived in East Sydney. His enlistment papers give his occupation as a "vaudeville artist." Could he have been named for the poor juggler who was executed in Goulburn in 1863? Was he a descendant of Abdullah Mahomet? I would love to know that Cassim and Abdullah Mahomet were remembered.
It's a pitiful story.
I wanted to ask Leann Richards where she discovered the information about finding some Indian coins in 1867.
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