Quarter Sessions.
(Before His Honor, Judge Cohen.)
THE WEE WAA CASE OF ASSAULT
AND ROBBERY.
At the Quarter Sessions last week, Antoy Singh appeared to answer a charge of having on June 14th last past, assaulted and robbed ono Dalet Khan, at Wee Waa,
The following Jury was empaneled:
— W. S. Egan, A. B. Wall, T. Logan, W. i.UcNab, T. B. McFarlano, R. C. Crnmsle, T. O’Brien, T. Charles, D.
Grant, S. L. Cunningham, A. Rittcr, and W.
Mr. Browning appeared to prosecute, and Mr. Edwards (instructed by Mr. Wheeler) appeared for the defense.
The case involved the accused, who was charged with assaulting Dalet Khan of Wee Waa and robbing him of the sum of £4. As for the assault, the defense argued that the accused had done what he was entitled to do in the circumstances, as the plaintiff had used insulting language toward him. This the plaintiff denied, stating that he had only asked for money owed to him, at which point the accused struck him in the face. After recovering from the blow, the plaintiff went to see Sergeant Bryden.
Mr. Browning stated that the accused had not denied the assault but claimed to have been provoked. The plaintiff was a much smaller and older man than the accused. Regarding the alleged theft, the plaintiff stated that he had cashed a cheque for £4 that morning and had the money in his pocket when he was knocked down. When he came to, the money was gone.
Sergeant Bryden of Wee Waa testified that on June 14th, Dalet Khan came to the police station and provided information. The man’s left hand was cut, and his face was swollen. He saw the accused sitting in a van. He asked, “Is that the man?” and Dalet Khan responded, “Yes, I want you to arrest him.” The sergeant took the accused into custody and found two single notes, three shillings and sixpence in silver, and fourpence in coppers on him. The accused admitted to knocking the plaintiff down but denied stealing from him, claiming the money was his own. In response to further questions, the accused stated that he had bought chaff from Pan Keo earlier that morning on credit as he needed money for the road.
Dalet Khan, sworn in on the Koran, testified that he saw the accused on the morning of June 14th in Wee Waa. The accused followed him from the post office. When they reached Rhaman’s store, the accused shouted, “Hold on, I want to see you.” The plaintiff stopped, and the accused approached, saying, “You’re talking about me.” The plaintiff replied, “I’m not talking about you at all.” The accused then said, “You mongrel, you’re not a man.” The plaintiff responded, “You’re not a man; you pay the money you owe me.” The accused then agreed, saying, “All right, I’ll give you the money,” before knocking the plaintiff down. The plaintiff did not know what happened next, but when he regained consciousness, he found himself near the door, his pockets partially pulled out, and his money gone. He had withdrawn the £4 from the Commercial Bank earlier that day. The cheque was presented in court. The plaintiff confirmed he had not used any bad language toward the accused before the blow.
Pan Keo, a storekeeper, testified that the accused had bought chaff from his store on credit on the morning of June 14th, paying for it the following Saturday. The amount paid was 15 shillings.
Indo Singh, who was standing under the verandah at Rahman’s store on the day in question, saw the plaintiff and the defendant approach. He heard the defendant call the plaintiff a derogatory term in the Indian language and saw him hit the plaintiff. When asked by Mr. Edwards, Indo Singh confirmed that the language used at the time of the assault was both in Hindi and English. Kahn was in the shop for about ten minutes before coming out. The fight lasted only a minute, and Mrs. Rahman was present the entire time. Witnesses did not go to Kahn’s assistance because they were unwell. The blow knocked Kahn unconscious. Afterward, Kahn was taken inside, and the witness remained outside, continuing to talk. He did not accompany Kahn to the police station. Kahn later asked what had happened to his money, and the witness replied that the man who had struck him had taken it. Mrs. Rahman’s young son picked up Kahn’s hat. Mrs. Rahman told Antoy Singh, “You had better leave; I don’t want fighting here.”
To the Crown Prosecutor, Indo Singh mentioned that he heard Dalet Khan say to Antoy Singh, “You owe me money, why don’t you pay?”
Elizabeth Rahman, wife of the shopkeeper, testified that she was working in the shop when she saw Kahn come to the window and overheard some conversation. She went outside and heard Kahn say to Antoy, “Pay me money.” What was said before that, she did not hear. Antoy replied, “You b****, I’ll pay you,” and then hit Dalet, who fell. She saw Antoy take money from Dalet’s pocket.
To Mr. Edwards, she confirmed that Dalet fell on his back with his arm across his chest, leaning to the left side. Dalet may have fallen on his right side, and after he rolled over, Antoy took the money. She had never borrowed money from Dalet and stated she and her husband had no quarrels. She did not know the details of her husband’s business. Her husband had received money from Dalet. Dalet was not in the shop before the altercation. Dalet was hit once and missed once. She could not say which side of his body the blow struck. Dalet was unconscious for 10 or 15 minutes, and when he regained consciousness, he went to the police station.
To the Crown Prosecutor, Mrs. Rahman stated, “I cannot say exactly which side he was on.”
For the defense, Antoy Singh testified that he was a hawker residing in Coonamble and had come to Wee Waa with Dalet Khan on December 22nd, where he sold some skins to him. In January, he asked Kahn to settle his account, but Kahn denied owing him any money and told him to leave. The next morning, around 10 o’clock, Dalet invited him to “come inside and shake hands,” but Antoy refused. Dalet called him names in Indian, and Antoy responded, “I don’t want a row; you give me a proper account, and I’ll pay.” Dalet then struck him, and Antoy blocked it, hitting Dalet in return. Dalet got up, charged at him, and Antoy knocked him down again. Afterward, Dalet rushed into Rahman’s shop. Antoy did not go near Dalet’s money.
Mrs. Rahman asked him to leave, and he began smoking.
To the Crown Prosecutor, Antoy stated that he had not seen Dalet Khan and Singh at the post office, although they could have seen him coming from the Chinese shop. They were talking when he passed by. Antoy confirmed he had never been to Western Australia, but he had been in Bourke six years ago with camels. He arrived in Australia when he was about 24 years old. While he had never been involved in boxing, he had seen people fight and knew how to defend himself. Dalet Khan owed him money, and he owed Dalet money, but they could never settle their account.
Mr. Briscombe noted that Mr. Edwards had to drop the case to catch the train. Antoy Singh stated that Kahn owed him £27 10s, and while he admitted owing Kahn money, he had never received a proper account.
Jack McFoley, a tailor from Wee Waa, and Mr. J. Barry, a baker from the same place, testified similarly. They both heard a commotion and saw Kahn shape up, and the accused hit him, shouting, “Get up.” Khan rose and charged at the accused, who struck him under the ribs. Kahn then ran into the shop. They saw another Indian pick up Kahn’s hat. One of the witnesses heard the accused tell Mrs. Rahman that he didn’t start the row—Dalet had.
After a brief deliberation, the jury returned a verdict of not guilty, and the accused was discharged.
