The Archive · 1926

SIKH MANSLAUGHTER

CHARGE

Polite Challenges to Fight:

Varying Sizes of a "Dram:"

A Question of Sobriety In H, M. Supreme Court on Tuesday the trial took place of Lahara Singh, charged with "having December 23 unlawfully—killed Ojagar Singh. His Honour Judge Peter Grain was on the bench, and the jury consisted of Messrs. H. C. Purdue, R, Austin Muir, Thomas, S, Trevor Smith and J. E. Lucas.

Mr. A. G. Mossop, Crown] Advocate, prosecuted and Mr, L. K Kentwell' defended.

The accused pleaded not guilty and in opening the case for the Grown Mr. Mossop pointed out that this was charge pf manslaughter. The story of the death commenced on December 21 last, About 10 o'clock on the forenoon of that day the deceased man, Ojagar Singh, was walking along Ward Road towards Shanghai in company with several other Indians. Deceased was carrying a stick, and it might transpire that he had been drinking, "although he was _not drunk. While they were thus wall ing they were overtaken by th accused, who passed them. After had' passed them a few paces, the deceased, Ojagar Singh, called out words to the following' effect:

hear you have been telling people that you want to see me." The expression "I-want to see you," explained the Crown Advocate, had the meaning of a challenge.' The accused was understood to havel replied, "Yes, I am quite prepared to see' you." Deceased then said, "Will you draw a line on the ground?" Accused replied, "I don't want to draw a line, You draw a me," Deceased then began to draw, whereupon the other Indians; separated the two, and then moved on a few paces. "Hearing a noise yy turned back and saw deceased lying on the ground. Accused was carrying a cane which had eight inches of metal fitted to the end, and as a club the jury would see its value, With this weapon the accused hit the deceased on the left side of the head. When they saw what had happened the other Indians picked up the injured man and took him and the accused to Wayside Police Station, from where the injured man went' to hospital. His head was bandaged up, and he returned to the Police Station where he said that he did not wish to bring a charge against the accused. A day later, while at home, he became worse, and was taken to hospital where he died.

The first witness called was Percy Ayres of the Public Works Department who swore to a plan of the dist Only Middling"

Sadar Din gave evidence of the episode in Ward Road as outlined by Mr. Mossop. He explained th meaning of the challenge, and Geseribed how they separated tke two men, telling them that there was.no benefit in fighting. Up to this point there had been no hitting. Then after they had walked forward they heard a noise and saw Ojagar Singh lying on the ground. They did not actually see any blow struck, When the two men were talking about drawing a line they were not angry, not friendly but only middling. Deceased was not!

In answer to Mr. Kenbwell witness said that the phrase "I will see you" did not mean "T will take revenge," but "Come and fight with me."

Mr. Kentwell—You said Ojagar was not drunk. How many drams ces a person take to get drunk?

Witness—I am not in the habit of drinking, therefore I cannot say' how many' bottles one might be come drunk on.

His Lordship—Some will become Igor Din that, prisoner and, deceased were not fighting and not quarrelling, but © only talking ess declared that th: see you" and the drawing of a line both were equiva-Tent to a challenge to fight.

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