This is a lengthy blog and is an
interesting story, not for the salacious details of a rare murder at Stone
River but for other reasons: the detail offered by newspaper reports of the
time, the primitiveness of the forensic methods (including a 'post-mortem' conducted on the spot), the fact that Joseph Edmonds was acquitted despite convincing evidence; and for the revealed prejudices of the time regarding the value of a “coloured”
person’s life; and the reluctance to believe that a white man could commit such a
savage crime and thus the attempts to implicate either a Kanaka or an Aborigine
in the murder.
THE SETTING
Murder date: 13 November
1906 at approximately 3 pm.
Murder site: Sandy Creek
on opposite side of road to Bailey’s farm.
Victim: Booba Khan
(variously identified as an Indian hawker or Hindoo). Prior to his death he had
been in partnership with Kashgar Singh. Singh (described as a Buddhist in the
court hearing) gave witness at the trial of Joseph Edmonds.
Accused: Joseph Edmonds,
miner and drover. Previously convicted of larceny and cattle thieving.
Cause of death: head
trauma and strangulation.
Possible motive: dishonoured
cheques.
Edmonds bought goods off Khan on
10 November 1906 to the value of £7/5/-. These goods were silk shirts,
khaki and tweed trousers, merino singlets, silk blouses, 12 yards of silk, silk
handkerchiefs, mouth organs, scent, lady’s brooch and two brass rings.
Payment was made to Booba Khan by
two cheques from the cheque book belonging to William Henry Groves and his
partner, only identified as Neil. According to Groves, he supplied
the two blank cheques to Edmonds on Edmonds’ request. Edmonds told Groves he
had a private mark in the Commercial Bank (a blotted “O”) Groves asked him to
record on the cheque butts what they were for. Groves claimed in Court that the
selling of cheques to others in this manner was normal at Waverley.
Kashgar Singh presented the
cheques to Mrs Jones’ Public House at Waverley, where she refused to cash them.
She deemed the cheques valueless.
Kashgar Singh and Booba Khan went
to Edmonds’ camp to tell him that the cheques were worthless. Kashgar Singh
demanded the goods back, but agreed to let Edmonds keep a pair of trousers and
shirt which he could pay for “by-and-by”. Edmonds assured him that the cheques
were fine. Singh threatened to tell the Ewan police if Edmonds did not return
the goods. Khan and Edmonds came to an agreement that they would travel to
Ingham together with a party that had been organized by Groves on the 12
November to take a sick man to Ingham for treatment. Groves had volunteered to
do this because he had gained Ambulance Brigade experience in Townsville.
Edmonds promised that when they
arrived in Ingham he would get the money from his father to repay Khan £8.
Alternatively, he told Groves that in Ingham he would go to the bank and prove
that the cheques were not fraudulent and then return to Waverley and write
another cheque in front of Mrs Jones! Kashgar and Khan lent Edmonds a horse for
the journey.
According to Edmonds’ evidence those
who set off for Ingham were Edmonds, the sick man (later identified as John Cuckane/Cochran/e,
a miner from Kangaroo Hills)* and Khan (who had on him the two cheques, a £5
note and £1
in silver). Groves asserted that there were between seven and nine people in
the party and that the “Indian Hawker” caught up to them.
THE MURDER
The sick man was conveyed in a
buggy and then transferred to horseback. Edmonds accompanied by Khan went ahead
on horseback to Bailey’s to fetch another buggy to carry the sick man to Ingham. The range was hilly and stony and it was impossible to get a buggy up or down it. The rest of the party, bar one man — Martell — and Groves were sent back.
When Martell and Groves reached the foot of the range they met Edmonds who had returned
with the buggy. He was accompanied by another man John (Charlie) Johnson. They
had with them, besides the buggy, a saddle horse and a pair of horses. They
transferred the sick man to the buggy which Johnson drove. Edmonds rode
alongside the buggy. Martell went back the way they had come. They proceeded to
Johnson’s house, six miles distant, where they placed the sick man, who was retching, under the
shade of a tree and left water with him. Waiting there was Booba Khan with his horses. Edmonds and Groves went to Johnson’s house to have dinner and
then returned to the sick man, putting him back in the buggy. He was given
water in a brandy bottle for the journey. The weather was hot and muggy and Edmonds’ horse, meanwhile, had tired
and Edmonds requested Khan to take the horse back and deliver his saddle to the
Post Office when he got to Ingham. He would pick it up from there. Groves drove
the buggy, Edmonds sat in the buggy while the sick man was lying down. Khan set
out to accompany them. Groves questioned Edmonds why Khan was accompanying them
and he explained about the cheques and that Khan was coming down to Ingham to
verify that they were sound.
In conversation Edmonds was
supposed to have flashed a gold ring with a green/blue gemstone which he called a
“knuckle duster” and then said to Groves that “If a bloke could do him [Khan]
in, what a nice lot he would get.” Groves told him to forget that idea opining
that Khan would have no money.
17 miles from Johnson’s was
Bailey’s place on the left-hand side (going to Ingham). At that point one of
the horses became tired. They stopped at Bailey’s gate. Edmonds was given the
reins and Groves went up to Bailey’s house (located behind a rise and at a
distance of some 300 to 400 yards) to procure a fresh horse. As he headed off
he saw Khan coming over the hill towards them. When he returned 40 minutes
later (having been unable to procure a replacement horse) he found the sick man
alone in the buggy, Khan’s three horses were grazing 20 yards from the buggy.
Khan and Edmonds were nowhere to be seen. Louis Bailey came down in a horse and
dray, stopped to talk and then drove on. Five minutes later, Edmonds appeared
from the direction of Bailey’s house sweaty, flushed and dishevelled and with
leaves on his shirt. Groves reprimanded him for leaving the sick man, but
Edmonds retorted that he had only been gone a few minutes to get a drink of
water (a drink which Grace Thompson, grand-daughter of Andrew Bailey later
provided evidence as to having given him from a cup on the tank stand. She also
noted that he was hot and shaking). The sick man spoke up saying that Edmonds
had in fact been gone for nearly an hour. As a fresh horse couldn’t be procured
Groves suggested that they press on to Ingham. Before they set out he asked
Edmonds where the “Indian hawker” was and Edmonds replied that he didn’t know.
After setting out again the sick
man requested a drink of water. Groves told Edmonds to get down from the buggy
and go around to the back of the buggy and give him a drink from the bottle (it
was the only water they had). Edmonds said he couldn’t find the bottle but the
sick man said that Edmonds had had it at Bailey’s gate. Edmonds claimed he must
have dropped it and that they could collect it on the return journey. Groves
noted that Edmonds seemed uneasy and appeared to be watching him (Groves). They
next stopped at Norris’ gate, two miles distant from Bailey’s where Edmonds was
again left in charge of the sick man while Groves wen to procure a replacement
horse. This time he was successful, but nine miles from Ingham at W.B.
Johnson’s another horse had to be replaced. This duly done, the group continued
on. Groves commented to Edmonds that the “Hindoo” was a long time catching them
up and Edmonds asserted that Khan had gone on ahead saying to Edmonds that “Me
go on; you catch me up.” On reaching Ingham the sick man was transferred to hospital at about 7 pm. Groves and Edmonds parted ways near the Masonic Lodge. Edmonds told Groves he would return back to Waverley with him on Thursday. Edmonds then went to his father’s home. Meanwhile Groves reported to the Sergeant of Police his concerns about Edmonds and Khan.
As a result of the statement made
to Sergeant Connolly by Groves a search of Ingham was made for Khan. Connolly then despatched Constable Cook on November 14 to
search for Khan. As Cook headed towards Waverley on Stoneleigh Road he located
three horses grazing. All were still bridled and saddled and one carried a
swag. The horses were those belonging to Khan. He drove them towards Andrew
Bailey’s gate where he observed two trails of trampled grass on the opposite
side of the road to Bailey’s gate leading to Sandy Creek. 37 yards in was a
fence and something appeared to have been dragged under the fence and further
21 yards down to the bank of Sand Creek. He found single tracks in the creek
bed. With the help of an Aboriginal tracker named Flanagan/Flannigan he located the body of Booba Khan. The deceased was found high on the bank of Sandy Creek, 899 yards from Bailey’s gate. His body was concealed by heavy brushwood.When Edmonds appeared, purportedly looking for Khan, Cook detained him. It
was noted that at the time he was detained that he was wearing a white silk
shirt, khaki trousers, clasp boots, a brown felt hat and a white silk handkerchief
around his neck (perhaps items he had previously purchased from Khan).
The last time Groves claimed to
have seen Khan alive was at Bailey’s gate on November 13. On Thursday 15
November he travelled out to Bailey’s where the tracker, Acting Sergeant Connelly, and Doctor W.C.C. MacDonald (Government Medical
Officer) were waiting. Constable William Cook had remained overnight camped under a tree
with the suspect Edmonds. Doctor MacDonald ascertained the deceased had been
felled by blows to the head and then strangled. His body was identified by both
Edmonds and Grove as being that of Boobah Khan. An identifying piece of
clothing, his turban, was later found a distance from his body together with shards
of the broken brandy bottle. Booba Khan was buried where he was found. Edmonds
was arrested for the murder and remanded in custody.
THE COURT HEARING
Prosecution evidence included Edmonds’
boot tread. The tracks were found to match (though no cast could be taken). Further
evidence was that the green stone had become dislodged from Edmonds’ ring.
There was a 11inch long piece of glass from the brandy bottle stuck in the
turban of the deceased. Arthur Frederick Kemp, employed by the Commercial
Banking Company of Sydney Ltd. Ingham Branch, stated that Edmonds never had had
an account with that bank. Edmonds made no attempt to repay the debt when he
got to Ingham. His evidence was inconsistent. For instance, Groves and Edmonds
disagreed about when Edmonds (who claimed to have worked with horses in India)
yelled out, supposedly to Khan, in Hindoo, “going on”, and where Edmonds
claimed that Khan was supposed to have been in relation to them at various
stages of the journey. While in hospital the sick man was called upon to give evidence on the events of November 13. He verified Groves' version though because of his critical condition the veracity of his recollection was brought into question. Edmonds' evidence about the bottle was also discrepant, at
one point saying he didn’t know where it was and then saying he had dropped it on
the road. Another factor that went against him was that he had previous
convictions for larceny and cattle thieving.
The defence was able to argue
that the boot size was a common size. The judge opined that the ring was hardly
a ‘knuckle duster”. Red stains found on
his clothes were not identified as blood by the Government analysist. Much
argument was undertaken to disprove that Edmonds could carry Khan, who was
claimed to have weighed over 11 stone, any great distance. Edmonds denied the
conversation detailed by Grove about the ring and about the cheques. He also
claimed he dropped the bottle when the horses moved on when he was trying to
give the sick man a drink of water. He explained his absence from the buggy was
because he would not drink water from the same bottle as a sick man. He had
gone to cut a piece of cane to quench his thirst and then gone up to the house
for a drink of water. As evidence of his innocence he claimed that he got a
horse from his father and went to town to the Post Office to see if his saddle
had been delivered by Khan as they had arranged. He looked around town for him
and then rode back out to Bailey’s gate to see if he could locate him and met
Cook there with the horses and his saddle.
He also dismissed the evidence of leaves on his shirt by saying that
they were brush tops of the cane (supposedly when he went to get a stick of
cane to quench his thirst).
However, the way the trial would
go was evidenced by the all-white male jury having difficulty coming to a
decision. In February Mr C. Jameson for
the prosecution, optimistically stated that the evidence pointed to Edmonds
being guilty. Yet by March the evidence presented was being regarded as “wholly
circumstantial”. What was to transpire was also foreboded by the ongoing
questioning during the court hearings as to whether there were Kanakas and
Aborigines in the area at the time of the murder. It was remarked that there
was a “blacks’ camp” about five miles distance up Waverley Road. Edmonds made
sure to mention that he saw a group of Kanakas carrying bows and arrows as he, Groves
and the sick man journeyed to Ingham.
The evidence that a Kanaka or an
Aborigine may have committed the crime was not strong as in the Stone River
area, cane farmers Menzies and Bailey, were who were identified as having
employed Kanakas previously, were not employing them at the time of murder
because they were employing only white labour. Moreover, Cook attested that
he did not see any Kanakas or Aborigines when he camped at Baileys with
Edmonds, the day he detained Edmonds as a suspect for the murder.
Questions were raised about the shape of
Kanaka’s feet compared to white men’s feet and whether they would wear boots.
The answer to that question was “no” and so any idea that they could have left
the boot tracks was also dismissed. Nevertheless, these attempts to implicate
Kanakas or Aborigines, insinuating that one of those groups could have been
more likely responsible for the murder than Edmonds, a white Ingham farmer’s
son, were made throughout the court hearings.
The value put on Khan’s life is
reflected in the answer to the question:
“Did the murder raise a good deal of talk” to which the reply was “On account
of the victim being a coloured man it is not likely that there would be so much
talk of it” and “nothing worth speaking
of.” On the other hand the arrest of Edmonds was said to have caused "a great sensation at Waverley." At no time during the witnesses' depositions was Booba Khan mentioned by name. Even when Edmonds was arrested it was for the murder of "an Indian, name at present unknown."
Though the due legal process was
being followed in relation to a suspicious death, that the victim was
“coloured” and the suspected murderer white, public sympathy and interest in
the case reflected pervading prejudices, among them the belief that a Kanaka
or Aborigine was more likely to have committed such a savage murder than a
white man.
THE VERDICT
It is not surprising then, that finally
on 31 May, 1907, Joseph Edmonds was acquitted of the murder of Booba Khan.
*COCKRANE PATRICK JOHN Old Ingham
Anglican (C of E) 0 69 Date of death: 06/12/1908 Age: 50 M SCOTLAND Cause of death: SPRUE
SOURCES
“Stone River Murder,” Evening
Telegraph Friday 31 May 1907, 1.
“The Stone River Murder. The End
of Boobah Khan,” Evening Telegraph Thursday 30 May 1907, 1.
“The Stone River Murder Case.
Trial of Joseph Edmonds,” Northern Miner Friday 1 March 1907, 2 and 5.
“Northern Supreme Court,” Northern
Miner Thursday 30 May 1907, 4.
“The Stone River Murder,” Morning
Post 5 March 1907, 2.
“Northern Supreme Court. Alleged Murder,”
The Northern Miner 1 June 1907, 4.
Hinchinbrook Shire Counctil - register of burials. Book 1.