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.