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The Northern Star and Richmond and Tweed Rivers Advocate, Sat 29 Jan 1887 1


    Before his Honor Judge Murray. Messrs Barrie, Larkin, Ross, Garrard, and Bernstein, J’sP, also had seats on the Bench.
    Mr Fitzhardinge prosecuted on behalf of the Crown.
    The following solicitors were present: – Mr Norrie (Grafton), Messrs Allingham, Judge, Simmons, Shorter, and Stocks (Lismore.)
    Court officials – Mr Coghlan, Registrar; Mr Mears, Bailiff.
    The names of the jury were then called.

    Henry Kappo [aka Harry Cappoo] (a Cingalese) was then charged that at Ballina, on the 19th December, he did assault one Herbert Bennett (a boy about 12 years old), with intent to commit an unnatural offence.

    The defendant pleaded not guilty.

    The following jury were then sworn: – Jas Hamilton, Jas Beveridge, Jas Ainsworth, Joseph Cummings, D Currie, W Mobbs, C White, jun, Robt Hawthorn, A Currie, K Nolan, P Quain, and John Casey.

    The Crown Prosecutor then duly charged the jury.

    Senior Constable Evans deposed: On Sunday, 12th December last, I saw the prisoner at the Ballina Police Station, when he said he had been robbed of £13 by a tall man, and that a man namey [sic] O’Connor was also in his company; he said that the tall man came up on a horse, jumped off, and knocked him down, and took the money out of his pocket; he said that young Bennett could prove that he had the money, took a boat and went to Sharpe and McKinnon’s mill, as young Bennett worked there; asked prisoner to fetch young Bennett to me, when prisoner said that Bennett would not come with him; told Constable Jones (who was with us) to go and fetch Bennett, and when he came, from something Bennett told me, I returned to Ballina with the prisoner, and then took him into the barrack room, and told him that he had been telling me lies, then charged him with attempting to commit an offence on the boy; found two half-sovereigns, a £1 note, and a knife on the prisoner; have known prisoner for nearly two years, and he speaks English fairly well.

    Herbert Bennett deposed: I am living at Sharpe and McKinnon’s mill, and the prisoner worked there; prisoner and myself were walking from Ballina, along the North Creek, on the afternoon of Sunday 19th December [1886], when prisoner showed me the money, and asked me to go into a public house to have a drink; I had a glass of ginger-ale; then went down to the ferry boat, when the prisoner came and asked me to go into the bush; he then made certain proposals to me, and I struggled to get away, when the prisoner pulled out his knife and said he would kill me; George Jarrett then came along; I told Jarrett what had happened, and he went with me to the Point; some words took place here, when prisoner ran at me and caught me by the throat; Jarrett got off his horse and threw prisoner down.

    By prisoner: Your money was not in a purse.

    George Jarrett deposed: I remember Sunday afternoon, 19th December; was riding along the North Creek looking for bullocks; heard somebody crying; went to see what was the matter, and found the prisoner trying to get the boy into the scrub; rode up and asked him what he was doing, but he did not answer; the boy said he had been trying to get him into the scrub for half an hour, and asked me to take him to the Point to get across to the mill; the prisoner followed us along, and I told him to leave the boy alone, when he jumped up and caught the boy by the throat, saying “I’ll choke you, you b-----r;” I then jumped off my horse, and pulled him away, when he pulled out his knife, and I then knocked him down; I took the boy into Ballina on the horse behind me, and gave him to the ferryman to take across; met a man named O’Connor on the road; did not see him take any money from the prisoner.

    Arthur O’Connor deposed: I remember seeing George Jarrett at the North Creek, also Kappo and young Bennett with him; they were standing; when I got to the Point saw Kappo get hold of the boy, and try to choke him; Jarrett then got off his horse, and knocked prisoner down; Kappo then threatened to use a knife; Jarrett then took the boy up behind him, and rode to Ballina.

    The prisoner made a rambling statement that the parties had taken money from him, and that he got £1 a week at the mill.

    The Judge then went through the evidence very carefully, and the jury retired, and after an absence of half an hour returned, and said that they had found the prisoner guilty.

    The Judge said he would reserve his sentence in the case until later on.

    H Kappo was then called to have sentence passed upon him. His Honor also gave this prisoner some advice against intemperance, and sentenced him to three years imprisonment in Grafton gaol.

~ ~ ~ ~ ~

Henry Cappoo, Gaol photo sheet 2

SRNSW: NRS2138, [3/6048], Darlinghurst Gaol photographic description book, 1886-1887, No. 3825, p. 64, R5102.

Gaol Photo Sheet - 
Transcribed Details

No. 3825

Date when Portrait was taken: 9-3-1887

Name: Henry Cappoo

Native place: Ceylon

Year of birth: 1862

Arrived       Ship: Not known
in Colony }   Year:

Trade or occupation
previous to conviction  } Laborer

Religion: Buddhist

Education, degree of: Nil

Height: 5' 2½"

Weight     On committal: 120
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Black

Marks or special features:

Where and when tried: Lismore Quarter Sessions,
27 Jan 1887

Offence: Sodomy

Sentence: 3 years HL


 (No. of Previous Portrait ...  ) 


Where and When Offence. Sentence








1   The Northern Star and Richmond and Tweed Rivers Advocate, Sat 29 Jan 1887, p. 2. Emphasis added.

2   SRNSW: NRS2138, [3/6048], Darlinghurst Gaol photographic description book, 1886-1887, No. 3825, p. 64, R5102.