Below also see: Sam Zahra, 1938–1941,
Sam Zahra, 1952
The Brisbane Courier, Mon 8 Sep 1930 1
MALTESE ARRESTED.
————
Casino, September 7.
Excitement was caused at Casino yesterday afternoon, when the police rounded up a number of Maltese, the majority of whom were railway workers, and who had been at Grady’s Creek Gap. The police took 20 of them to the watchhouse, and eight men were charged with vagrancy. More serious charges may be preferred against the Maltese.
~ ~ ~ ~ ~
The Richmond River Express, Tue 9 Sep 1930 2
LOCAL INTEREST
————
SERIOUS CHARGES
In the Children’s Court at Casino today, before Mr E[dward] A[ugustus] Mahony, PM., Frank Guech, a Maltese, was charged with a serious offence on a youth. He was committed to stand his trial at the Circuit Court at Lismore on September 24 on bail of £200. Joe Galea was charged with a similar offence, and after evidence had been given he was discharged.
~ ~ ~ ~ ~
Casino and Kyogle Courier and North Coast Advertiser, Wed 10 Sep 1930 3
MALTESE ARRESTED.
————
ABOMINABLE OFFENCES ALLEGED.
————
WHITE BOYS INVOLVED.
There was much excitement in Casino on Saturday morning when the police, from different parts of the town, took to the lockup 20 Maltese, who were lined up for identification, after the police had received certain information, in which allegations of abominable conduct on the part of the Maltese were made. Two local boys made these allegations, and they identified seven Maltese, who were arrested, and an eighth Maltese was taken into custody on Sunday.
On Monday these men, Joe Galea, Joe Schembera, Jim Borg, Grezio Attard, Frank Galea, Jack Zureh and Frank Bork were charged with having committed an abominable and unnatural offence on the lads, and also with indecent assault on a male person.
In remanding the men until yesterday morning Mr C[hristopher] J[ames] M[atthew] Hade (Chamber Magistrate) remarked:– “In remanding these defendants, I think it is now opportune to say at this early stage that you, Sergeant [Alexander John] McIntosh, and your officers who have participated in this work, and if these charges are well founded, have gained the commendation of the people bringing to light and to justice these defendants who are alleged to have committed these atrocious, abominable and revolting crimes.”
When the defendants were charged before Mr EA Mahoney yesterday, Mr JJ Kissane appeared for them.
The majority of cases were heard with closed doors, as one of the boys was under age.
Evidence was heard in the case against Galea, and he was discharged, but was immediately re-arrested on a charge of vagrancy.
Frank Grech was committed for trial to the Lismore Circuit Court on September 24 on a charge relating to a third boy. Bail was allowed, self in £200 and one surety of £200 or two of £100 each.
After evidence had been given against Jim Borg, Frank Galea and Jack Xureh they were committed for trial. Bail was allowed, self in £200 and one surety of £200, or two of £100 each.
The other defendants were remanded until Tuesday next.
~ ~ ~ ~ ~
The Richmond River Express, Wed 10 Sep 1930 4
LOCAL INTEREST
————
…
COMMITTED FOR TRIAL
In the Children’s Court at Casino yesterday, before Mr EA Mahoney, PM., Jim Borg, Frank Galea and Jack Fureh, Maltese, were committed for trial at the Circuit Court sittings at Lismore on September 24, on serious charges against a male person. Bail in each case was fixed at £200. Four other Maltese were remanded on similar charges until Tuesday next.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 11 Sep 1930 5
CHARGES AGAINST MALTESE.
———◦———
Casino, Wednesday.
A raid on Maltese who were camped about Casino had a sequel in the police court, when nine Maltese were charged with having committed unnatural offences. Those charged were:—Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureh, Frank Borg, Frank Grech, and Sam Zhra. The men were remanded by the chamber magistrate (Mr CJM Hade), pending a hearing of the charges by a police magistrate. Later Frank Grech, Jim Borg, Frank Galea, and Jack Xureh, were committed for trial by the police magistrate, Joe Galea was discharged. The other defendants were remanded for a week.
~ ~ ~ ~ ~
Barrier Miner, Fri 12 Sep 1930 6
RAID ON MALTESE
———◦———
NINE IN POLICE COURT
———
Casino, Wednesday.
A raid on Maltese who were camped about Casino had a sequel in the police court, when nine Maltese were charged with having committed unnatural offences. Those charged were: Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureh, Frank Borg, Frank Grech, and Sam Zhra. The men were remanded by the chamber magistrate, Mr CJM Hade, pending a hearing of the charges by a police magistrate. Later Frank Grech, Jim Borg, Frank Galea, and Jack Xureh, were committed for trial by the police magistrate, Joe Galea was discharged. The other defendants were remanded for a week.
~ ~ ~ ~ ~
Casino and Kyogle Courier and North Coast Advertiser, Sat 13 Sep 1930 7
LOCAL AND GENERAL
———◦———
…
POLICE RECORD.
As far as a clean-up of crime and police offences are concerned, Casino police this year will create a new record for the North Coast. There have been many serious cases since the beginning of the year, some of the offenders receiving heavy sentences. Within the short space of eleven days, the police have handled no fewer than 72 cases. On top of this there were summons cases issued by private persons.
~ ~ ~ ~ ~
Truth, Sun 14 Sep 1930 8
REVOLTING ALLEGATIONS
OF YOUNG BOYS
———◦———
Say Casino Maltese Lured Them to
Huts on River Bank
————
POLICE RAID SENDS FOUR FOR TRIAL
(From “Truth’s” Casino Representative.)
Casino police moved quickly and effectively last week when they received information from three young boys concerning certain Maltese who inhabit the town.
They raided and rounded up a score or more of the dusky gentlemen, and as a result of a subsequent line-up, nine of the Maltese were arrested and faced charges of a most revolting nature.
On Monday last they were formally charged with the alleged offences, and remanded until the following day, when four of them were sent for trial, whilst cases against the others were adjourned for a week.
Added to the charge of having assaulted three boys, there was also a count against the Maltese that they did indecently assault a male person.
The lads are all local boys. One is sixteen years of age, one a little younger, and the third 20. They told a story of atrocious and abominable details concerning happenings that they alleged took place in huts in the river bank.
The Maltese charged were Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureb, Sam Zhra, Frank Borg and Frank Grech.
The last named was sent for trial for indecently assaulting a youth and Jim Borg, Frank Galea and Jack Xureb also went for trial on similar charges. The remaining three were charged in respect of one boy, one of two brothers, concerned in the matter. Joe Galea was discharged, but promptly re-arrested on a charge of vagrancy.
When the magistrate, Mr CJM Hade remanded the man on the Monday morning, he passed some very strong remarks. Addressing Sergeant McIntosh, he said:
“In remanding these defendants, I think it is not inopportune to say at this early stage that you, sergeant, and your officers who have participated in this work, and if these charges are well founded, have gained the commendation of the people in bringing to the light of justice these defendants who are alleged to have committed these atrocious, abominable and revolting crimes.”
When the Maltese were charged on Tuesday the cases concerning the boys who were under age, were taken first.
TWO SHILLINGS
The sixteen-years-old lad told how he met one of the Maltese who took him to the river bank, where he alleged the offence took place; the Maltese gave him two shillings.
The same lad related meeting another Maltese who took him into a park convenience, where he interfered with his clothing. This happened, he said, in day-light and the Maltese gave him a shilling.
When accused of a smaller offence on the lad, Xureb, who was committed for trial, said that the lad asked for another Maltese. They entered the shed at the rear of a business premises, and there the Maltese claimed that the lad accepted sixpence, and committed an act of extreme indecency.
Another of the Maltese, Jim Borg, the lad claimed, gave him 2/- to do something.
SHOOT HIM
The boy later claimed that when confronted by another Maltese, he had gone with him and had agreed to a revolting act. He received fivepence.
The elder of the two brothers is alleged to have made a statement to the effect that a Maltese took him to the park and interfered with him, warning him that if he “pimped” he would shoot him and cut his head with a razor.
Throughout their stories, the lads referred to most revolting incidents.
The whole affair caused a sensation in the town, more so among the Maltese inhabitants, of whom there are dozens, and Monday morning saw an exodus of them on the train bound for the south.
~ ~ ~ ~ ~
Casino and Kyogle Courier and North Coast Advertiser, Wed 17 Sep 1930 9
MALTESE CHARGED
————
Alleged Unnatural Offences.
————
WHITE BOYS INVOLVED.
————
A further instalment in the serious charges against a number of Maltese concerning the alleged interference with white boys was tendered in the Police and Children’s Court yesterday, before Mr EA Mahoney, PM. Joe Schembera, Grezio Attard, and Frank Borg were charged with having committed offences against the order of nature, and with having indecently dealt with the boys. Sam Zhra was charged with indecent assault. Sergt McIntosh prosecuted, and Mr JJ Kissane appeared for the defendants.
After hearing the evidence against Grezio Attard, the PM said there was insufficient evidence to send the defendant for trial, and he was discharged. Attard was immediately re-arrested and charged with vagrancy.
Sam Zhra was also sent for trial.
In the Police Court, Joe Schembera was charged with having unlawfully assaulted Alexander John McMillan and with having committed an abominable offence.
Constable W[illie] Fleming said that on September 6 nineteen Maltese were brought to the lockup. Sergeant McIntosh said, “You are here for identification, as certain complaints have been made against Maltese.” McMillan was brought into the yard, and Sergt. McIntosh said, “Have a look along this line of men and place your hand on any of the men you have complained have been interfering with you.” McMillan placed his hand on defendant. Asked why he picked Schembera, McMillan said he (defendant) was the man who interfered with his clothing and did something to him. Schembera gave him a few bob, said McMillan. The latter added that he accompanied defendant to the park. There defendant said, “If you pimp on me I will shoot you and cut your head off with a razor.” Schembera said, “I had nothing to do with him; how can he prove it? Last Saturday night I was in Lismore. I have witnesses—Mrs Jack Howard, Fred and Cherry. I came back last Monday morning. I prove it for that.”
Mr Kissane (for defendant): Was a statement in writing given by this boy?—No.
You took a statement previously from him?—Yes.
Alexander John McMillan, a youth, said he had complained of certain happenings with the Maltese. He identified Schembera, who had interfered with him. The first occasion anything happened was about three weeks ago, one Saturday night, after the pictures. Defendant said, “What about coming over to the river bank?” Witness said, “No,” and defendant said, “You had better come over to the park with me.” Witness did, and then described what happened. He stayed with defendant all night, because he would not let him go. Schembera gave him 2/-. Defendant said, “If you pimp on me I’ll shoot you next time I come out.” Witness knew defendant, who was known as “Speero.”
To Mr Kissane: He was 20 years of age, and had gone to school for fourteen months. He did not know what time of the year Christmas came. There were twelve days in a week and seven months in a year. In a fortnight there were twelve months. He could not tell the time. He did not know that his bother was going with some of the Maltese.
You know what you did in the park was wrong?—Yes.
Did you know that the police might take him?—Yes.
Was that the first time in your life that anything like that happened to you?—Yes.
What is the difference between a quarter of an hour and half an hour?—Two hours.
Is he the only man who did this thing to you?—No; another man, too.
Were you willing that he should do this to you?—I tried to stop him.
Why did you let him?—He was too strong for me.
Did you tell the police about what happened when you saw the police on the way home?—No; I was frightened he would shoot me.
Did you know defendant?—Yes; at Grady’s Creek.
Did he ever do anything to you there?—No.
Did “Kid” ever do anything at Grady’s Creek?—No.
Did “Kid” ever do anything to you here?—Yes.
Dr W[illiam] A[lexander] Standish said he had examined McMillan, who was suffering from a urethal [sic] discharge, probably disease. He took a swab of this, but the result was not yet known. The lad’s mental condition was poor. His examination showed signs that were consistent with unnatural interference. A person suffering from a disease could convey it to another by such contact.
Mr Kissane submitted that there was no evidence to send to a jury. McMillan’s statement to the police conflicted with his evidence in the box.
The PM: He is obviously a lad of low mentality.
Mr Kissane: Quite so. But the liberty of the man is at stake. Schembera denied at the start that he was here. Obviously this lad has been leading this sort of life, but he cannot give us time and place.
The PM: I do not think any jury would convict defendant on witness’ evidence. These papers can be sent to the Justice Department, and if the Attorney-General thinks there is sufficient evidence he can put him on his trial.
Frank Borg had a similar charge preferred against him. Then the charge was read he answered, “No, sir.”
Dr WA Standish gave similar evidence to that given in the previous case. He said he examined defendant, who had a slight urethal discharge, which was possibly due to gleet. t would be possible for another male person coming into contact with another to convey the disease. He had taken a swab from defendant.
Mr Kissane: Have you formed the opinion that the boy is suffering from disease?—Yes, positive.
You came to that conclusion from an examination of the boy’s person?—Yes.
Did the boy tell you anything that would account for him having the disease?—No.
Did any answers given by the boy indicate whom he might have contracted the disease?—No.
Constable [Willie] Fleming said that at 4 pm on September 7 defendant was brought to the lockup and was identified by McMillan. McIntosh said to McMillan, “What reason have you for identifying this man?” McMillan said, “He did something to me down the back. I saw him near the billiard room and said, “What about coming around the back?” I asked him where, and he said, “Behind the billiard room.” Defendant said, “What about disarranging your clothes?” Witness declined, and defendant said “Here is 2/-; what about -----?” Defendant said, “If you don’t put your ----- head down -----.” The lad then described what occurred and said that he had not met defendant before that date at the rear of the hotel, where something happened in the yard. Borg, said McMillan, said, “If you pimp on me I will shoot you and cut your head off with a razor.” Sergeant McIntosh said to Borg, “Do you wish to say anything?” Borg said, “It is all lies, and I want a doctor to examine him and me. If I done it I will pay for it; if I didn’t do it I will not for it.”
The lad [Alexander John McMillan] giving evidence, said he once resided near the Royal Hotel, and had complained about the Maltese. Borg had interfered with him. He knew Borg at Grady’s Creek as “The Kid.” In the street in Casino Borg made a suggestion to him and he replied, “What do you think I am, a man or a -----?” Borg said, “Don’t be mad.” Defendant interfered with witness’ clothing and committed an offence. He then caught witness by the head and forced him to commit an act of extreme indecency. Borg then threatened to shoot him, kick his ---- in, and cut his head off if he pimped. Another night Borg called him and they entered a building where Borg made an indecent suggestion to him and forced him to comply.
Sgt McIntosh: The doctor is treating you for something. How did you get that?—Off the “The Kid” (Borg.)
Mr Kissane (for defendant): “The Kid” did nothing to me at Grady’s Creek; the first time was in Casino. Two acts of indecency occurred in Casino at the rear of the billiard room, and one behind the Royal Hotel.
Mr Kissane submitted that there was no case.
The PM: I am inclined to send him for trial. Borg, you are committed for trial to the sittings of the Supreme Court at Lismore on September 24. Bail was allowed, self in £200 and one surety of £200.
A charge of vagrancy against McMillan was adjourned for a month.
~ ~ ~ ~ ~
The Richmond River Express, Wed 17 Sep 1930 10
LOCAL INTEREST
————
…
COMMITTED FOR TRIAL
After evidence had been concluded in the Casino Police Court yesterday, before Mr EA Mahoney, PM., in the charges against Frank Borg, a Maltese, of having unlawfully assaulted a male person, and with committing an offence against the order of nature, the defendant was committed for trial at the Lismore Circuit Court on September 24, on bail of £200.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 18 Sep 1930 11
COUNTRY NEWS.
———◦———
…
MALTESE COMMITTED FOR TRIAL.
Casino, Wednesday.
Arising out of the arrest of nine Maltese here, following allegations of assaults on boys, two more Maltese, Frank Borg and Sam Zhra, were committed for trial. Two others, Joe Gsyhemy and Grezio Attard, were discharged.
~ ~ ~ ~ ~
Truth, Sun 21 Sep 1930 12
TERRIBLE ALLEGATIONS
————————
OF MALTESE DEPRAVITY
———◦———
White Lad Shows Amazing Ignorance
in Witness Box
(From “Truth’s” Casino Representative.)
Once again last week the story of revolting depravity alleged by young white boys against four Maltese residents rocked the town of Casino.
One boy, twenty years of age, displayed an amazing lack of intelligence when he told of shocking excesses that he stated had taken place in the park. And at the conclusion of the hearing, two Maltese, Sam Zhra and Frank Borg, were committed for trial, while Grezio Attard and Joe Gschembera were discharged.
The case was heard in the Casino Police Court on Tuesday afternoon, when the four more Maltese were arraigned on charges based on the allegations of two boys, aged 16 and 20 years, that the Maltese had been guilty of abominable acts.
Joe Gschembera, Grezio Attard and Frank Borg were charged with unnatural offences and Sam Zhra with indecent assault.
Sam Zhra and Frank Borg were sent for trial, while the charges against Grezio Attard and Joe Gschembera were dismissed, but the magistrate stated that the papers would be sent on to the Attorney-General for perusal.
Two of the cases were heard in the Children’s Court and two in open court.
PICKED HIM OUT
in the charge against Joe Gschembera, Constable Fleming related that it was after the boy of 20 had told the police something that Gschembera was interrogated.
The boy picked the Maltese out of a group of nineteen and said that he was one of the men who gave him 2s.
“If you pimp on me I will shoot you and cut your head off with a razor,” the boy alleged that Gschembera said to him after the incident.
When charged Gschembera stated that he was in Lismore on the date of the alleged offence and could prove his presence there by Mrs Jack Howard, Frank and Cherry, added Constable Fleming.
When the boy took the witness-stand Sergeant McIntosh questioned him closely about the nature on an oath, and the lad said he knew that the Bible was God’s book and that he would go to hell if he did not tell the truth.
Although 20 years of age, he displayed the mentality of a lad of five or six years.
He said that Gschembera spoke to him after the pictures. The lad declined to go to the park. Gschembera said, “You had better come over with me.”
He remained with Gschembera all night, because he would not let him go. Gschembera gave him 2/-.
Mr Kissane (for defendant): Did you ever go to school?—Yes, for fourteen months.
What time of the year does Christmas fall?—I don’t know.
How many days are there in a week?—Twelve.
And how many months in a year?—Seven.
How days in a fortnight?—Twelve.
Can you tell the time?—No.
Did you know that your brother was going with the Maltese?—No.
ANOTHER MAN
You know that what you did in the park was wrong?—Yes.
You saw the police when you were going home—why didn’t you tell them what happened?—I was too frightened that he would shoot me.
You knew him before?—Yes, at Grady’s Creek.
Did he ever do anything to you there?—No.
Did “The Kid” (Frank Borg) ever do anything to you there?—No.
Did “The Kid” ever do anything to you here?—Yes.
Dr WA Standish, Government Medical Officer, Casino, said he examined the boy and found that he was suffering from a complaint.
His examination revealed signs consistent with interference. The lad’s mental condition was very poor.
Mr Kissane contended that there was no corroboration, and that the lad could only give vague answers as to times. He referred to the statement made by the lad to the police, and said it conflicted with the evidence given by the boy.
The PM: He is obviously a lad of low mentality.
Mr Kissane: Quite so, but a man’s liberty is at stake on his allegations Gschembera denied at the start that he was in Casino at the time alleged by the lad. Obviously this lad has been leading this sort of life, but he cannot give us time and place at all clearly.
The PM: I do not think any jury would convict on the evidence. These papers can be sent to the Justice Department, and if the Attorney-General thinks there is sufficient evidence, he can proceed.
Gschembera was then discharged.
When charged, Frank Borg, known as “The Kid,” said, No, sir.”
Dr Standish detailed the result of his examination of the boy, and said he had also examined Borg, who had a complaint.
Mr Kissane: Have you formed an opinion that the boy is suffering from a disease?—Yes, positively.
You came to that conclusion from an examination?—Yes.
Constable Fleming said that when he identified Borg the boy said, “I met this man.”
The constable then related a certain proposition which the boy alleged was made to him.
When asked if he had anything to say in reply to the boy’s allegations, Borg, added Constable Fleming, said “It is all lies, and I want a doctor to examine him and me. If I done it I will pay for it; if I didn’t do it I will not pay for it.”
The boy then related certain alleged happenings. Prior to that he knew Borg as “The Kid.” That was at Grady’s Creek.
Another night, in the street, “The Kid” called him over and made improper overtures. Witness did not want to go, but finally accompanied Borg. Borg made suggestion to him.
The boy then went on to describe another abominable deed.
“Borg,” added the boy, “then told me that if I pimped he would shoot me and kick my —– in, and cut my head off with a razor.”
On another night Borg called him into a building and again forced him to do something.
Sergeant McIntosh: The doctor is treating you for something? How did you get that?—Off “The Kid” (Borg).
Mr Kissane: Did “The Kid” ever do anything to you at Grady’s Creek?—No.
The first time was in Casino?—Yes.
Where?—The witness then gave details.
Mr Kissane (to PM Mahoney): I again submit that there is no case.
The PM: I am inclined to send him for trial.
Borg was committed to stand his trial at the Supreme Court at Lismore on September 24. Bail was allowed, self in £200 and a surety of a like amount.
Zhra, charged with indecent assault, was also committed for trial. His bail of £200 was not forthcoming.
The two boys were held on vagrancy charges and were remanded on their father’s security for a month.
~ ~ ~ ~ ~
The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Sep 1930 13
GENERAL NEWS
————
TOWN AND DISTRICT MATTERS
————
LISMORE CIRCUIT COURT
The following cases are listed for hearing before Mr Justice Halse Rogers at the Lismore Circuit Court which commences at 10 am to-day: Rex v. Walter Harold Donnelly, charged with a serious offence; Thomas Jackson, charged with larceny; Frank Borg, Jim Borg, Frank Galea, Frank Gretch, Sam Zahri, Jack Xuereb, each charged with a serious offence.
~ ~ ~ ~ ~
Depositions for Sam Zahra 26 Sep 1930 Lismore trial 14
NEW SOUTH WALES POLICE.
North Coast District,
Casino Station.
20th September 1930.
Report relative to antecedents of:–
Name: Sam Zahra (23)
Offence: Indecent assault on a male person
Committed for Trial at: Lismore Circuit Court.
Date: 24th September 1930.
Sergeant 1st Class McIntosh reports:– That accused is a single man, born in Malta, he landed in South Australia in 1922, date and name of boat not known, he generally follows railway construction works and wheat lumping in the following places, Port Lincoln for 12 months, Victoria for 6 years, came to New South Wales early this year and has had no employment, he has been about this district for past two months, and has always been in the company of Maltese five of whom have been committed for trial on charges of buggery and indecent assault, three after the hearing of evidence were discharged.
Finger prints have been taken and forward to the Commissioner of Police, Fingerprint Branch and the result returned as not known.
[Signed] SL McIntosh, Sergeant 1st Class.
~ ~ ~ ~ ~
|
Petty Sessions Office, Casino 17th September 1930. |
||
|
(a) Name in full of accused. |
Rex v. (a) Sam Zahra |
|
|
(b) Offence. |
(b) Indecent assault on male person |
|
|
(c) “Supreme Court,” or “Quarter Sessions.” |
Depositions and the other Documents in the case of the above named accused who has been committed to take his trial at the (c) Court of Circuit Court to be held at Lismore on Wednesday the 24th day of September 1930 are forwarded under separate cover |
|
|
(d) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognisance.) |
The accused is (d) confined in the Gaol at Grafton |
|
|
(e) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (e) William Alexander Standish of Casino Medical practitioner, Willie Fleming of Casino Police Constable, William Rodney McMillan of Sth Casino, and Maurice Muter of Casino, Piano Teacher |
|
|
(f) Short description to enable identification. |
The Exhibits enclosed are (f) Nil |
|
|
|
[Signed] C[hristopher] J[ames] M[atthew] Hade |
|
|
The Under Secretary of Justice. |
||
|
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates April, 1920 |
||
~ ~ ~ ~ ~
Depositions of Witnesses.
(To accompany all cases of committal for trial.)
State of New South Wales, Casino
TO WIT }
The examination of William Alexander Standish of Casino in the said State, medical practitioner Willie Fleming of Casino Police Constable, William Rodney McMillan of South Casino, no occupation, and Maurice Muter of Casino in the said State, piano teacher taken on oath this sixteenth day of September 1930 at the Casino Police Court, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Sam Zahra (hereinafter called the accused) who [was] charged before me for that he the said accused on or about the 29th day of August in the year of Our Lord one thousand nine hundred and thirty at Casino in the said State, did indecently assault one William Rodney McMillan a male person. [For Police Court newspaper coverage see p. 6150, 6163, 6197, 6210, 6253, 6267].
~ ~ ~ ~ ~
1
[Case] 579
Rex versus Sam Zahra. Indecent assault
This deponent sworn states: My name is William Alexander Standish I am a duly qualified medical practitioner and Government Medical Officer and reside at Casino.
I made an examination of a lad named William Rodney McMillan. I found that he had a dilated sphincter of the anus the skin around the anus was reddened. He was of low mental calibre answering questions slowly and with not a great deal of intelligence. The condition of McMillan would be consistent with unnatural offences having been committed on him.
To Mr Kissane: I should say that the boy is undeveloped mentally. Sex He showed no though signs that were are common in cases of sexual perversion. Sex perversion is not a definite disease known to science. I regard it as sex perversion as a moral disorder which may be freely selected as a good in a physically and mentally normal individual. In cases of sex perversion the intellect is sometimes weakened.
[Signed] WA Standish.
Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] E[dward] A[ugustus] Mahony, SPM.
2
[Case] 579
This Deponent sworn states, my name is Willie Fleming I am a Police Constable stationed at Casino.
On 6th instant nineteen Maltese were brought to the Casino lock up exercise yard. Sergeant McIntosh said to them “You are brought here for the purpose of identification as certain complaints have been received as regards Maltese and you can place yourself in any position in this line. Whatever you think fit.” This they did. William Rodney McMillan was then brought into the exercise yard and Sergeant McIntosh said to him “I want you to have look along this line of men and place your hand on any of the men you say have interfered with you.” McMillan walked along the line of the men and placed his hand on the accused now before the court as well as another man. Accused was then brought out of the line and was confronted by McMillan. The Sergeant said to accused “I am going to ask you certain questions and you needn’t answer unless you wish but whatever you do say will be taken down in writing and given in evidence.” I took notes of the questions and answers. They were Q. (To McMillan by Sergeant McIntosh). “This is another man you have picked him out what is the reason?” A. “In the shed near the New England Bus shed I was walking past to the pictures and he called me over and that fellow in the blue strides told me one of the fellows wanted to see me. I walked in and this fellow asked me to suck him off. I said ‘ Yes’ and I did and this fellow gave me 5d. He said he would give me the rest but I never got it.” Accused said “Nothing he can prove in that I don’t think it is right way. Have you got something he can prove and I will say something about it.” He was then charged as he now stands charged and said “I no stick it in his bum, he suck me off.”
To Mr Kissane: The boy never said that accused committed the offence of sodomy.
3
[Case] 579
He made it perfectly clear that he was complaining of the mouth act. The accused may not have understood the charge and at the time that it was read to him that he was charged sith sodomy as in the case of some of the other Maltese. He could understand the charge. The interpreter was in the yard but wasn’t there when all the charges were read out. What was said in the yard was interpreted to him by the interpreter. Accused understands English fairly well. The interpreter was there for all those who required his services. It was alleged that the offence took place in a shed that was occupied by four or five Maltese and at the back of Rayners Saddler Shop.
[Signed] W Fleming.
Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, SPM.
4
[Case] 579
This Deponent sworn states, my name is William Rodney McMillan. I reside with my parents at South Casino. I recently made complaints regarding certain practices of the Maltese. This complaint was regarding offences committed on me. Accused had something to do with me. One night I was walking past the New England Bus shed, it was the week before last Saturday. I was in the exercise yard at the Casino lock up when there was a line up of Maltese. I picked the accused out on that day. He is the man that I met near the New England Bus shed. I was walking past and he was in a shed at the back of the New England place shaving. He called me over. He beckoned with his hand. I went over. He said “Come in.” I went in and he shut the door and he stuck his prick in my mouth. He said “Suck us off.” I did. He gave me sixpence and said “I will give you the rest another time.” That was the only time anything like that occurred with this man.
To Mr Kissane: This is Tuesday, yesterday was Sunday and the day before that Saturday. Monday comes after Tuesday. It was on a Saturday that accused did this thing to me. It was a week ago last Saturday. I had never seen accused before. I have never seen him since. The man was in the Police yard that day the line up took place. I only saw him once before that. It was at the New England shed. I could see the room from the street. The door was open and I could see the man shaving in it from the street. It was before dinner that the offence happened. I was living on this side of the town then I had my dinner at my own home that day. After I did this wrong thing I went straight home for dinner. We have dinner at twelve o’clock. Dinner had commenced when I got home I had breakfast at home that morning. After breakfast I went over the river to the depot where I saw the riding ganger Mr Crisp. I spoke to him, there were men
5
[Case] 579
working. They work on Saturday. I came back to town. I had to take a letter to the Post Office from my sister Elsie McMillan. I went down past the New England shed to see a piano teacher who was going to give me a job at cleaning his yard up. I was to go there on Tuesday. He saw me on the street and asked me if I could do the job. I had never seen him before. I first saw him on Saturday I had never seen him before. Before that Saturday morning I had not know there was a piano teacher in that street.
He took me down and showed me the work I had to do. That was the same day that the man did something wrong to me. I was never there before or after that. This was after the accused did something to me. It was true that I went straight home for dinner after the man did something to me. I am not sure whether it was before or after the accused did something wrong to me that I saw the piano teacher. I think that nine Maltese have done these wrong things to me. I am not making a mistake at all about the accused. The man who did the thing to me had a cap on. He had a cap on in the exercise yard. I don’t know there how many were lined up but there were a lot. I knew his face. I wouldn’t have known him if he had a hat on. I picked out a number of men some of whom I had seen once before. I knew them all by the face. I didn’t know them by their clothes. I don’t know what the word complaint means, I didn’t go to the Police they came to me. If the Police hadn’t come to me I wouldn’t have said anything about it at all. I wasn’t frightened when the first Policeman came to see me. Sergeant McIntosh was the first to see me. I didn’t know what he was coming to see me about before he spoke. I told him the truth straight away. I didn’t tell him any lies. There were four men in the room when the wrong thing was done to me. Accused was one of the four. I would know the three men if I saw them again. The other three men are in the lock up now. That was the first time I had
6
[Case] 579
been in that room. I saw the piano teacher first near the Post Office. I had posted Elsie’s letter just before I met him. I walked down to his room then with him. He just brought me round the back and showed me want what to do. I didn’t do anything that morning. He told me to go back on Thursday I went back and he wasn’t there. He didn’t pay me anything. He was going to give me ten bob for doing the work. I couldn’t do the work on Saturday because he didn’t have the stuff to put on the ground. I would have to pass the room of accused when I went down with the piano teacher I didn’t see the accused then. I walked back by myself and it was then that I went into the room where the accused was. That was the only time I was ever in that room. Accused was the only man that did anything wrong in that room. The others walked out. I didn’t tell Constable Fleming about the man doing something to me in the room I forgot to tell him. I told McIntosh about it before I saw the man in the yard. Miss Armstrong told me the name of the place was the New England Bus shed. She told me after the accused did something to me. It was three days after. I didn’t know what the name of the place was until then. It was last Saturday that the man did this thing to me. It is five days since he did it. This is Tuesday. It was seven days back to from last Saturday.
The offence was committed the day I was arrested. I was taken to the lock up on Saturday at breakfast time I think now it was a Friday he did it to me. I said it was Saturday because I got mixed up in the words. I am certain this thing was done the same day I went down to the piano teacher’s. I only saw the piano teacher at his place one day.
[Signed] William McMillan.
Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, SPM.
7
[Case] 579
This Deponent sworn states, my name is Maurice Muter. I am a music teacher and reside at Casino. I have studio in Barker Street. I remember seeing the boy William Rodney McMillan on one occasion. I offered him a job. It was about five weeks ago during the wet weather. I wanted a drain dug. It was towards the end of the week but it wasn’t a Saturday. I think it was a Friday.
To Mr Kissane: I don’t remember whether it was actually raining on that day but it was during wet weather. I have spoken to the boy McMillan twice. I spoke to him at the studio, on the first occasion. He came from the pictures about 8 at night and spoke to me about work. That was the first occasion I ever saw him. I offered him a few shillings to clean the yard. No particular sum was mentioned. He was going to come the next day but didn’t do so. On the second occasion I was standing I [sic] the front step of the studio when he passed. It was about the middle of the day. He told me he had a job on a farm. That was the last time I spoke to him. There is no event at all by which I can fix that date I cannot say with any certainty whether it was a month, two months or three months ago. I didn’t notice where he went after he left me I went inside.
To Bench: I can say that it was within the last six months definitely. My estimate of it is about five weeks ago.
[Signed] Maurice Muter.
Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, SPM.
~ ~ ~ ~ ~
(F. 2.– “Justice’s Act, 1902.”)
Statement of the Accused.
State of New South Wales, Casino
TO WIT }
Sam Zahra (hereinafter called the accused), stands charged before the undersigned, me [one] of His Majesty’s Justices of the Peace in and for the said State, this 16th day of September 1930, for that he, the accused, on the 29th day of September 1930, at Casino in the said State, did assault one indecently assault one William Rodney McMillan a male person and the said charge being read to the accused, and the witnesses for the prosecution, William Alexander Standish of Casino Medical Practitioner Willie Fleming of Casino Police Constable, William Rodney McMillan of South Casino and Maurice Muter of Casino piano teacher being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the accused is now addressed by me the said Justice as follows:– “Having heard the evidence, do you with to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “Not guilty. I reserve my defence.” [Signed] Sam Zahra.
Taken before the undersigned Justice and read over to the said defendant at Casino in the said State, the day and year first above mentioned.
[Signed] EA Mahony, SPM.
~ ~ ~ ~ ~
G. 190.
New South Wales, Casino
TO WIT }
REX.
versus
Sam Zahra
Offence: Indecent assault on male person
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Lismore, in the State of New South Wales, on the twenty-fourth day of September 1930, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £200 and two sureties in £ each, or one and one surety in £200
[Signed] EA Mahony, SPM
JP.
Dated at Casino in the said State this 16th day of September 1930
(May, 1930.) 21857
~ ~ ~ ~ ~
“Justice’s Act, 1902.”
Recognizance of Witnesses to give Evidence at Court of Quarter Sessions or Gaol Delivery.
State of New South Wales, Casino
TO WIT }
Be it remembered, that on the 16th day of September 1930 William Alexander Standish of Casino, medical practitioner Willie Fleming of Casino Police Constable William Rodney McMillan of South Casino, Maurice Muter of Casino, piano teacher personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe our Sovereign Lord the King the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed hereunder.
The condition of the within written recognizance is such, that whereas Sam Zahra (hereinafter called the defendant) was this day charged before Edward Augustus Mahony, Esquire one of His Majesty’s Justices of the Peace for the said State, with indecent assault on a male person.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Lismore in and for the State of New South Wales, on Wednesday the twenty fourth day of September 1930 at ten of the clock in the forenoon, or at such other Court, to be holden at such time and place as the Attorney General may appoint, of which such last-mentioned Court each of them shall receive due notice, and then and there give such evidence as they know, upon an information to be then and there preferred against the said defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant, then the said recognizance to be void, or else to stand in full force and virtue. [Signed] WA Standish, Maurice Muter, W Fleming, William McMillan.
Taken and acknowledged the day and year first above mentioned, at Casino in the said State, before me.
[Signed] RV Carroll, JP.
~ ~ ~ ~ ~
(Charge) Case No. 579 of 1930.
Clerk of Petty Sessions, Casino
8th September 1930.
Sam Zahra (aged 24) is charged for that on or about the 29th day of August 1930 he did at Casino in the State of New South Wales, indecently assault one William Rodney McMillan a male person.
Pleads -----
Remanded to 9/9/30. Bail not applied for.
[Signed] CJM Hade.
Adjourned to 16.9.30.
[Signed] EA Mahony, Spl Mag, 9.9.30
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Supreme Court.
Lismore
24th September 1930
AG’s No. ----
Depositions.
CS’s No. 7
Rex
v.
Sam Zahra
Indecent assault on a male
Committed at: Casino
on: 16th September 1930
~ ~ ~ ~ ~
Court. Supreme Court Lismore
Date. 26th September 1930
Coraki Road. Halse Rogers Judge.
Plea. Not guilty
Verdict. Guilty
Judgment. Three years penal servitude. Jury recommended that “these men” should be deported and that witness McMillan should be put away where he would not be able to join in these offences.
EF McDonald
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Justice PH Rogers notebook 15
54
[Lismore Circuit Court] 26 September 1930
R v Sam Zahra
McDonald CP
Collins for prisoner
Indecently assault male person William Rodney McMillan
Collins raises question as to swearing of witness
Witness sworn Collins does not object.
Willie Fleming PC
William Alexander Standish
Crown case
Sam Zahra
Case for Defence
11.9 am Collins addresses
11.15 am McDonald Addresses
11.17 am I sum up
11.22 am Jury Retire
11.44 am Jury Return
Verdict: Guilty
Jury recommend that McMillan should be placed where he can be looked after & that the prisoner & those found guilty of similar offences should be deported.
Sentence: Penal Servitude three years
~ ~ ~ ~ ~
Barrier Miner, Sat 27 Sep 1930 16
FIVE MALTESE CONVICTED
OF A SERIOUS OFFENCE
———◦———
JURY RECOMMENDS
THEIR DEPORTATION
———
Lismore, Saturday.
After convicting five Maltese of unnatural offences at Casino, the jury added a rider to their verdict that they should be deported.
Mr Justice Halse Rogers said this question was outside his jurisdiction, but he had no doubt that the recommendation would receive the serious consideration of the authorities. One of the Maltese was sentenced to seven years’ imprisonment and the other four to three years. A sixth man was acquitted.
~ ~ ~ ~ ~
Casino and Kyogle Courier and North Coast Advertiser, Sat 27 Sep 1930 17
SEVEN YEARS’ GAOL
————
Maltese Espoiler Sentenced.
————
CASINO’S REVOLTING CASES.
————
The trial of the Maltese who were committed in the Police Court at Casino in connection with unnatural offences against youth of 20, 16 and one lad under 16 years of age came on yesterday at the sittings of the Lismore Supreme Court, before Mr Justice Halse Rogers.
Frank Gaech pleaded guilty to interference with the youngest lad. The evidence showed that he was caught in the act of committing an abominable offence. He was sentenced to seven years, with hard labour.
Jack Xureb, Frank Galea, Jim Borg and Sam Zhra were brought in guilty and each sentenced to three years’ gaol.
Frank Borg, charged with a similar offence to the others, was brought in not guilty and acquitted.
The Casino police must be complimented for bringing to justice these men, who undoubtedly were a menace to the community.
~ ~ ~ ~ ~
Morning Bulletin, Sat 27 Sep 1930 18
UNNATURAL OFFENCES
———◦———
FOREIGN PERVERTS
———
HEAVY SENTENCES
———
JUDGE’S COMMENTS
Lismore, September 26.
Six Maltese were before Mr Justice Halse Rogers and a jury in the Circuit Court to-day charged with having committed unnatural offences. One was sentenced to seven years, four others to three years and one was acquitted.
The jury added a rider to the verdict that the accused found guilty should be deported.
His Honor said deportation was outside his jurisdiction, but it would receive serious consideration by the authorities.
He added that from comments in court it appeared that offences of a similar nature had been committed by a number of men in the Casino district, mostly Maltese, employed in railway construction gangs. Apart from the offences, it must also be considered that they were corrupting boys of the countryside.
One Maltese, Jack Xuereb, asked if he had anything to say before sentence was passed, said that if sent to prison he would take the first opportunity of hanging himself in his cell.
~ ~ ~ ~ ~
The Northern Star and Richmond and Tweed Rivers Advocate, Sat 27 Sep 1930 19
MALTESE CHARGED
————
DEPORTATION RECOMMENDED
———
TERMS OF IMPRISONMENT
———
Six Maltese were before the Circuit Court in Lismore yesterday charged with serious offences. Mr Justice Halse Rogers presided. Mr EF McDonald (Crown Prosecutor) conducted the prosecution. Mr CM Collins (instructed by Mr JJ Kissane) appeared for the defendants.
One jury added to its verdict a rider that the accused found guilty, and the others found guilty or who pleaded guilty, should be deported. “I think no words too strong to condemn the crime,” said his Honour. “Deportation is beyond my jurisdiction, but the recommendation will be noted by the authorities and if it is possible to take steps serious consideration will be given to your recommendation.”
CHARGE ON COUNTRY
At the conclusion of the hearings his Honour said that the sentences might not be carried out for the Government might think fit to deport the prisoners before the expiration of the sentences. The matter was outside his jurisdiction, but if the Government decided to deport the prisoners, he did not think it was essential that they should be a charge on the country for the whole of the terms, in one case seven years and in the others three years.
His Honour also made strong comments on the revolting nature of the crimes and said that there was not only the offence to be considered but the corrupting of the boys of the countryside.
It was stated in the Court that offences had been committed by persons engaged in the construction of railway lines in the Casino district to the border and mostly by Maltese.
His Honour did not know whether the crime was a serious one in Malta, but did know that it was not seriously regarded in some Continental countries.
Frank Grech pleaded guilty and was sentenced to seven years penal servitude.
The following jury was empanelled to hear the charge against Jack Xuereb. DR Gilmore, OB Wilson, HE King, EC Hampton, JD McDonald, TW Gordon, AE Priddis, SG Barnes, GW Blanch, RJ Kirkland, GCC Kraus, and TG Gallagher, and found the accused guilty.
ACCUSED’S APPEAL
Asked if he had anything to say before being sentenced the accused made an impassioned appeal to his Honour not to accept the word of a mentally deficient boy against his (Xuereb) word. Xuereb said if he were sent to gaol he would take the first opportunity of hanging himself in his cell.
The accused was sentenced to three years’ penal servitude.
The case against Sam Zahra was heard by the following jury: CE Whitney, CW Johnston, A Clarke, EA Arthur, FM Lee, R White, RJ Simes, AJ Bryce, WHA Jackson, TW Green, JC Miller, JA O’Flynn. The accused was found guilty and sentenced to three years’ penal servitude.
There were two charges against Jim Borg and to one he pleaded guilty and the other was withdrawn. He was sentenced to three years’ penal servitude.
The following jury heard the case against Frank Galea:– T Dickson, EJ Cook, A Foster, JA Leu, SJ Denning, H Larkin, SJ Bruggy, HJ Edwards, GW Blanch, HE King, HJ Keevers, SG Barnes. Peter Fenech was sworn as interpreter. The jury found the accused guilty of attempting an offence. Galea was sentenced to three years’ penal servitude.
There were two charges against Jim Borg and to one he pleaded guilty and the other was withdrawn. He was sentenced to three year’s penal servitude.
[sic–sentence repeated as per above] The following jury heard the case against Frank Galea:– T Dickson, EJ Cook, A Foster, JA Leu, SJ Denning, H Larkin, SJ Bruggy, HJ Edwards, GW Blanch, HE King, HJ Keevers, SG Barnes. Peter Fenech was sworn as interpreter. The jury found the accused guilty of attempting an offence. Galea was sentenced to three years’ penal servitude.
The following jury heard two charges against Frank Borg: John Sullivan, A Taylor, CW Johnston, A Guthrie, JA Richardson, CE Whitney, JA O’Flynn, TW Green, JC Weller, AE Priddis, WA Walmsley, R White. The accused was found not guilty and discharged.
~ ~ ~ ~ ~
Townsville Daily Bulletin, Mon 29 Sep 1930 20
A REVOLTING CASE.
————
Lismore, September 26.
Six Maltese were before Justice Halse Rogers, and a jury in the Circuit Court to-day, charged with unnatural offences. One was sentenced to seven years, four others to three years and one was acquitted.
The jury added a rider to their verdict that the accused found guilty should be deported.
His Honor said that deportation was outside his jurisdiction, but would receive serious consideration by the authorities. He added that from the comments in Court it appears that offences of a similar nature had been committed by a number of men in the Casino district, mostly Maltese, employed in railway construction gangs. Apart from the offences, it must also be considered that they were corrupting the boys of the countryside.
One Maltese, Jack Xuereb, asked if he had anything to say before sentence was passed, said that if he was sent to prison, he would take the first chance of hanging himself in his cell.
~ ~ ~ ~ ~
Casino and Kyogle Courier and North Coast Advertiser, Wed 1 Oct 1930 21
MALTESE DESPOILERS.
————
RECOMMENDATION FOR DEPORTATION.
————
“Crimes Too Strong for Words.”
————
As stated in last issue, when the sentences of seven years on one man and three years on four others were mentioned, six Maltese were before the Circuit Court in Lismore on Friday, charged with serious offences. Mr Justice Halse Rogers presided. Mr EF McDonald (Crown Prosecutor) conducted the prosecution. Mr CM Collins (instructed by Mr JJ Kissane, Casino) appeared for the defendant.
One jury added to its verdict a rider that the accused found guilty, and the others found guilty or who pleaded guilty, should be deported. “I think no words too strong to condemn the crime,” said his Honor. “Deportation is beyond my jurisdiction, but the recommendation will be noted by the authorities and if it is possible to take steps serious consideration will be given to your recommendation.”
At the conclusion of the hearings, his Honor said that the sentences might not be carried out for the Government might think fit to deport the prisoners before the expiration of the sentences. The matter was outside his jurisdiction, but if the Government decided to deport the prisoners, he did not think it was essential that they should be a charge on the country for the whole of the terms, in one case seven years and in the other three years.
His Honor also made strong comments on the revolting nature of the crimes, and said that there was not only the offence to be considered, but the corrupting of the boys of the countryside.
It was stated in the Court that offences had been committed by persons engaged in the construction of railway lines in the Casino district to the border, and mostly by Maltese. His Honor did not know whether the crime was a serious one in Malta, but did know that it was not seriously regarded in some Continental countries.
Asked if he had anything to say before being sentenced, Jack Xureb made an impassioned appeal to his Honor not to accept the word of a mentally deficient boy against his (Xureb) word. Xureb said if he was sent to goal he would take the first opportunity of hanging himself in his cell.
~ ~ ~ ~ ~
Sam Zahra, Gaol photo sheet 22
![22 SRNSW: NRS2328, [14/3084], Maitland photographic description book, No. 2193, p. –.](../../images/trials/1930-Zahra-3084-gaol-photo-2193.jpg "22 SRNSW: NRS2328, [14/3084], Maitland photographic description book, No. 2193, p. –.") |
Gaol Photo Sheet - Transcribed Details
|
Name Sam Zarah [sic] No. 2193 Date when Portrait was taken: 17-10-1930 |
Finger Print |
||||||||
|
Native Place Malta Year of Birth 1907 Arrived in State Ship Ormonde . Trade or occupation previous to conviction } Laborer. Religion R. C. Education, degree of Nil. Height, without shoes 5' 6" Weight in lbs. On committal 143 Colour of hair Black Colour of eyes Brown Marks or special features |
|
||||||||
|
CONVICTIONS St 7574 97939 |
|||||||||
|
Court. |
Date |
Offence. |
Sentence |
Name. |
Gaol No. |
||||
|
Lismore CC |
26 |
9 |
1930 |
Indecent assault on a male person |
3 years P.S |
Sam Zahra |
Maitland |
||
Sam Zahra, 1938–1941
Barrier Miner, Tue 2 Aug 1938 23
30 Jun 1950. Image: NSW State Library collection.
Reproduction: Peter de Waal
COMPENSATION COMMISSION
HERE TUESDAY
————
THE Workers’ Compensation Commission of New South Wales will sit at the Broken Hill Courthouse at 10 am next Tuesday. His Honor Judge [Ralph Joseph] Perdriau will preside and Mr Commissioner Halliday will sit with him.
Cases to be heard are:—
…
Sam Zahra and John Dunstan and Son Ltd.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 9 Aug 1938 24
LAW NOTICES.
———◦———
Tuesday, August 9, 1938.
————
…
WORKERS’ COMPENSATION COMMISSION.
Court House, Broken Hill.—Before his Honor Judge Perdriau and Commissioner Halliday.—For hearing, at 10 am: In the matters of determinations between:
…
Sam Zahra and John Dunstan and Son, Ltd;
~ ~ ~ ~ ~
Barrier Miner, Wed 10 Aug 1938 25
Commissioner, Mr G Halliday.
Image: Northern Star (Lismore,
NSW), Wed 8 Jun 1938, p. 6.
Reproduction: Peter de Waal
COMPENSATION CASES
ADJOURNED
————
Medical Evidence Given
AFTER medical evidence had been given in several claims before the Workers’ Compensation Commission today, the matters were adjourned to the next sittings. Judge Perdriau presided, and Mr Commissioner Halliday and Dr WT Nelson, medical assessor, sat with him.
…
ZAHRA v. DUNSTAN Ltd.
After taking medical evidence in the claim of Sam Zahra against John Dunstan and Son Ltd the matter was adjourned to the next sittings.
Mr JJ Davoren appeared for Zahra, and Mr M Austen-Brown for the respondent company.
Dr SP Barnett, surgeon-superintendent of the Hospital, said he found a rupture on the left side when he examined him on August 16, 1937. He was admitted to the Hospital on August 18, and an operation was performed on August 20. He was discharged from the ward on September 13, and from the outpatients’ department on November 4, 1937.
~ ~ ~ ~ ~
Barrier Miner, Fri 2 Jun 1939 26
COMPENSATION
COMMISSION
————
THE Workers’ Compensation Commission, presided over by Judge Lamond, will sit at the Broken Hill Courthouse next Tuesday at 10 o’clock.
The list of matters for hearing is:—
…
Sam Zahra v. John Dunstan and Son Ltd.
~ ~ ~ ~ ~
Barrier Miner, Fri 18 Aug 1939 27
COMPENSATION CASES
FOR HEARING
————
Judge Perdriau will preside at the sittings of the Workers’ Compensation Commission at the Courthouse on Tuesday.
Cases to be heard include:—
…
Zahra and John Dunstan and Son Ltd. (part heard),
~ ~ ~ ~ ~
Barrier Miner, Thu 24 Aug 1939 28
COMPENSATION CASE
CLAIM FAILS
————
Man Alleges Injury While
Laboring In Quarry
HOLDING that the evidence was not sufficient to make an award for the applicant, Judge Perdriau in the Workers’ Compensation Commission today, dismissed a claim for compensation for incapacitation because of hernia.
His Honor said that he could not find that the hernia was the result of an injury sustained at work.
Sam Zahra claimed compensation for hernia which he said resulted in total incapacitation from August 14, 1937, to November 3, 1937.
John Dunstan and Son Ltd, respondents, denied notice and alleged that the claim was not made within the time limited by the Act, and denied that the incapacity was due to personal injury arising out of and in the course of employment. They further claimed that the wife and child of the applicant were not wholly or partially dependent on him.
Mr JJ Davoren appeared for the applicant, and Mr M Austen Brown for John Dunstan and Son Ltd.
Sam Zahra said that on August 7, 1937, he was engaged as a laborer by John Dunstan and Son Ltd. His work included lifting big stones, as much as 40 and 501b.
When he was lifting a stone he felt a little pain and rubbed himself on the left side of the groin. He felt little lumps a few days after and felt pain. Witness told the boss, Mr Colman.
Later he went to the Hospital and was operated on for hernia.
His wife and one child in Malta were dependent on him. He sent them money every two months.
Zahra told Mr Brown he felt the pain about three days after the accident.
“FELT CROOK”
Albert Teague, of 537 Beryl Street, laborer, said he was working with Zahra at the quarries in 1937. Zahra told him he had been injured while working and complained, he “felt crook.”
Teague said that he had not seen any injury of Zahra'’ after the day of the accident.
His Honor held that there was a case and Mr Brown called evidence for the defence.
Patrick Colman, quarry foreman for John Dunstan and Son Ltd, said that on August 10, 1937, the applicant told him he had injured himself at work. He at no time showed him any injury.
Colman told Mr Davoren that he fixed the date of the accident from the record book left on the job.
Charles Harrison Skilbeck, manager in Broken Hill for the company, said that in September, 1937, he saw Zahra after he had left Hospital. He asked him a number of questions and wrote down the answers.
The application was dismissed.
~ ~ ~ ~ ~
The Sydney Morning Herald, Sat 2 Sep 1939 29
LAW NOTICES.
————
Monday, September 4, 1939.
————
…
WORKERS’ COMPENSATION COMMISSION.
…
Before the Registrar:—At 10.15—Top settle Awards: In the matters of determinations between:
…
Sam Zahra and John Dunstan and Son Ltd.
~ ~ ~ ~ ~
Barrier Miner, Wed 19 Mar 1941 30
MEN INJURED
Richard Wright, of 123 Ryan Street, a blacksmith at the Zinc Corporation mine, was treated at the Hospital today for a foreign body in the eye.
Sam Zahra, of 176 Crystal Street, injured his chest while working at the North mine today. He was treated at the Hospital.
~ ~ ~ ~ ~
Barrier Daily Truth, Thu 20 Mar 1941 31
MINE ACCIDENTS
————
At the Zinc Corporation
Yesterday
————
…
Sam Zahra, of 176 Crystal Street, injured his chest while working at the North Mine yesterday. He was taken in the ambulance to the Hospital where he received treatment.
Sam Zahra, 1952
Barrier Miner, Tue 20 May 1952 32
ASSAULT CASE
DISMISSED
Mr DT Garnsey, SM, in the Court of Petty Sessions yesterday, dismissed an alleged assualt charge by the consent of both parties on them undertaking to avoid each other as far as possible.
Sam Zahra alleged he was assaulted by his son, Johnnie Zahra, on January 19 near the Greek Club.
Evidence was taken from Sgt H Reddington and Sam Zahra before both parties consented to the case being dismissed.
Mr TAF Davoren appeared for Sam Zahra and Mr WC Beerworth for Johnnie Zahra.
1 The Brisbane Courier, Mon 8 Sep 1930, p. 18.
2 The Richmond River Express, Tue 9 Sep 1930, p. 2. Spelling of names transcribed as found.
3 Casino and Kyogle Courier and North Coast Advertiser, Wed 10 Sep 1930, p. 2. Spelling of names transcribed as found.
4 The Richmond River Express, Wed 10 Sep 1930, p. 2. Spelling of names transcribed as found.
5 The Sydney Morning Herald, Thu 11 Sep 1930, p. 7. Spelling of names transcribed as found.
6 Barrier Miner, Fri 12 Sep 1930, p. 1.
7 Casino and Kyogle Courier and North Coast Advertiser, Sat 13 Sep 1930, p. 2.
8 Truth, (Syd, NSW), Sun 14 Sep 1930, p. 13. Emphasis in original and added. Names transcribed as found in the original text.
9 Casino and Kyogle Courier and North Coast Advertiser, Wed 17 Sep 1930, p. 2. Emphasis added.
10 The Richmond River Express, Wed 17 Sep 1930, p. 2.
11 The Sydney Morning Herald, Thu 18 Sep 1930, p. 10.
12 Truth, (Syd, NSW), Sun 21 Sep 1930, p. 20. Emphasis in original and added.
13 The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Sep 1930, p. 8. Emphasis added. Spelling of names transcribed as found.
14 SRNSW: NRS880, [9/7332], Supreme Court, Papers and depositions, Lismore, 1930, No. 7. Emphasis added.
15 SRNSW: NRS5997, [3/2354], Judiciary, PH Rogers, J. Notebooks Criminal Circuit, 1928-45, p. 54. Emphasis added.
16 Barrier Miner, Sat 27 Sep 1930, p. 1.
17 Casino and Kyogle Courier and North Coast Advertiser, Sat 27 Sep 1930, p. 2. Emphasis added.
18 Morning Bulletin (Rockhampton, Qld), Sat 27 Sep 1930, p. 9.
19 The Northern Star and Richmond and Tweed Rivers Advocate, Sat 27 Sep 1930, p. 3. Emphasis added.
20 Townsville Daily Bulletin, Mon 29 Sep 1930, p. 11.
21 Casino and Kyogle Courier and North Coast Advertiser, Wed 1 Oct 1930, p. 4. Emphasis added.
22 SRNSW: NRS2328, [14/3084], Maitland photographic description book, No. 2193, p. –.
23 Barrier Miner, (Broken Hill, NSW), Tue 2 Aug 1938, p. 1.
24 The Sydney Morning Herald, (NSW), Tue 9 Aug 1938, p. 6.
25 Barrier Miner, (Broken Hill, NSW), Wed 10 Aug 1938, p. 1. Emphasis in original and added.
26 Barrier Miner, (Broken Hill, NSW), Fri 2 Jun 1939, p. 1.
27 Barrier Miner, (Broken Hill, NSW), Fri 18 Aug 1939, p. 3.
28 Barrier Miner, (Broken Hill, NSW), Thu 24 Aug 1939, p. 3. Emphasis in original and added.
29 The Sydney Morning Herald, (NSW), Sat 2 Sep 1939, p. 9.
30 Barrier Miner, (Broken Hill, NSW), Wed 19 Mar 1941, p. 3. Emphasis added.
31 Barrier Daily Truth, (Broken Hill, NSW), Thu 20 Mar 1941, p. 3.
32 Barrier Miner, (Broken Hill, NSW), Tue 20 May 1952, p. 4.