Northern Star, Sat 11 May 1895 1
LISMORE POLICE COURT.
————
Wednesday, May 8.
Before the Police Magistrate.
Easer Sing, was on remand, charged with wilfully exposing his person in a public place.
Mr JC McIntosh appeared for defendant.
The occurrence was alleged to have taken place on the Wyrallah Road, on April 23, and the complainant, Jane Britton, gave evidence of the offence being a deliberate one. A little boy, Lenzer P Hogan, her cousin, was with her at the time. She was positive defendant was the man.
L[enzer] P Hogan, a young lad, gave evidence of the offence, but could not identify defendant.
Defendant, [Easer Sing] who pleaded not guilty, elected to give evidence, and did so through an interpreter. He denied that he was in town the day of the alleged offence. He was in town the previous day with two countrymen, when they bought goods at Fraser Brothers and Withford. He was at work at Nixon’s farm that day. He had not committed any offence as charged.
Two other Indians told the same story of the day they were in town, and one produced the account which was dated April 22.
Mr Macintosh addressed the Bench, urging that complainant must be mistaken in the identification of the man.
The Bench considered the case proved, and sentenced defendant to three months in Casino Gaol.
Mr McIntosh gave notice of appeal.
~ ~ ~ ~ ~
Northern Star, Sat 15 Jun 1895 2
LISMORE QUARTER SESSIONS.
————
THE court opened at 10 am on Wednesday before His Honor Judge Coffey. Mr RJ Browning acted as Crown Prosecutor.
JURY LIST.
The list of jurors was called over, and one absentee, JH Smith, Pearce’s Creek, was fined 40s for non-attendance.
…
THIRD DAY—Friday.
The Court re-opened at 10 am.
…
APPEAL CASE.
Isar Singh [aka Easer Sing] appealed against a conviction of the Lismore Bench, wherein he was sentenced to three months’ imprisonment for indecent exposure.
Mr McIntosh appeared for appellant, and Mr Browning for the respondent (the police), Constable SS Taylor.
Mr McIntosh submitted three grounds for appeal: First, that at the time of the conviction he was illegally under arrest; and second that the conviction was bad. The third was not entered into. He argued that the conviction was bad, inasmuch that no date was mentioned as to when the offence took place. According to the Act, to give the magistrates jurisdiction the offender must be brought up within three months; and, according to the Justices of the Peace Act, the date must be stated.
Mr Browning said it could not be argued, clearly the date must be set out.
His Honor said there was a form given in the Act, and all that was necessary was to fill it in, but this had not been done, and on the grounds taken, there being no date, the conviction would have to be quashed. He remarked that whoever had cases under the Vagrant Act ought to see that the form was complied with.
Mr McIntosh made an application for costs, but His Honor said he could not go into that.
~ ~ ~ ~ ~
The Richmond River Herald and Northern Districts Advertiser, Fri 21 Jun 1895 3
LISMORE QUARTER SESSIONS.
————
THIS Court, before his Honor Judge Coffey, concluded on Friday.
…
APPEAL CASE.
Isar Singh appealed against a conviction of the Lismore Bench, wherein he was sentenced to three months’ imprisonment for indecent exposure.
Mr McIntosh appeared for appellant, and Mr Browning for the respondent (the police), Constable SS Taylor.
After argument, his Honor upheld the appeal, and quashed the conviction.
1 Northern Star (Lismore, NSW), Sat 11 May 1895, p. 2. Emphasis added.
2 Northern Star (Lismore, NSW), Sat 15 Jun 1895, pp. 2, 3.
3 The Richmond River Herald and Northern Districts Advertiser, (NSW), Fri 21 Jun 1895, p. 2.