Cassim Mahomet's dying wish before he hung from the gallows was to be buried with Muslim rites.
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But instead his requests fell on deaf ears and he was interred in an unmarked grave in Goulburn's Saint Saviour's Cemetery.
Now, two researchers are on a quest to "right a wrong" and hold a service for the Indian national.
Dr William Gilcher, from Washington DC, and Central Coast man, Mark St Leon, were in Goulburn this week delving further into the case of Cassim and Abdallah Mahomet. The immigrant circus performing brothers were accused of murdering their manager, Peter Cassarotti, near Queanbeyan in the early 1860s.
They were sentenced to death following a Goulburn trial in March, 1862. Cassim hanged at the old Goulburn Jail the following May but following appeal, Abdallah's sentence was commuted to life with hard labour. In 1866, the NSW Governor, citing doubts about the case, issued him a full pardon, provided he "self exile" and never return to the colonies.
Dr Gilcher and Mr St Leon have argued the case was based on circumstantial evidence and the men's sentences were a "miscarriage of justice." Cassarotti's body was never formally identified and it wasn't clear how long his remains were at the gully near Molonglo where he was found.
The prosecution alleged that Cassarotti had been murdered by a sharp implement, likely a sword of the type the Mahomet brothers used in their ancient Indian martial arts' circus performances.
On Thursday, Dr Gilcher spoke about his theory at the Workers Club, at the invitation of Goulburn History.
The researcher, who has a background in film, television and history, has scoured through forensic records, newspaper accounts, an 1863 parliamentary inquiry into the case and numerous other archives. With Mr St Leon, a circus historian, he has travelled to India to find Abdallah's descendants.
"We're convinced they're not guilty," Dr Gilcher said.
"We know from forensic evidence that Cassarotti's skull was struck from behind. Cassim in particular was trained in an ancient martial art called Kalaripayutt, a warrior's art that had a strict honour code. If you were fighting someone and they dropped their sword, you would pick up their weapon and give it back to them. He would never have attacked him from behind."
He said Cassarotti had stolen the brothers' earnings and horses sometime after November, 1861 at Sawpit Gully, between Braidwood and Queanbeyan. Afterwards, the brothers' performed in Goulburn but eventually went to Adelaide and joined William Burton's Circus. Dr Gilcher's great-great grandfather, Michael Gilcher, was the bandmaster.
"This story has absorbed me for five years," Dr Gilcher said.
"My great-great grandfather left a piece of dance music, which I still have, called Abdallah. I don't know if it was named after Abdallah Mahomet."
Through mutual connections, he linked up with Mr St Leon, who by coincidence had "stumbled across" the case in 1969.
"I thought it was an incredible story and always meant to chase it up. By chance, five years ago I met up with William and...it snowballed from there," he said.
The case generated heated debate at the time. Dr Gilcher said newspaper editors, including Goulburn's, were deeply divided about the men's guilt. Sydney's Empire argued their innocence and published an anonymous letter to the editor from a Goulburn jail prisoner which cast doubt on the verdict.
"It was very erudite and beautifully written and the government wasn't happy it had reached the press," Dr Gilcher said.
The pair theorised that a hut keeper at Molonglo where the party had set up their tent, had murdered Cassarrotti. Dr Gilcher said they would never prove it definitively.
Likewise, they don't believe they'll find Cassim's exact burial spot. According to The Goulburn Herald the brothers had sewn a calico burial gown before his hanging. They had breakfast together and embraced before Cassim walked to his death.
Friends of Goulburn's Historic Cemeteries members Heather West and Linda Cooper have scoured burial records to find the grave, without success.
Mrs Cooper said the Anglican Dean at the time, William Sowerby, had given special permission for Cassim to be buried at Saint Saviour's cemetery.
Goulburn History member Roger Bayley told The Post that none of the inmates hung at Goulburn Jail were given headstones at the cemetery.
"It was an ancient English custom that convicted criminals couldn't be buried in consecrated ground but that wasn't always followed in Australia. Some bushrangers were buried with headstones," he said.
However Dr Glicher was able to view solicitor John T Gannon's grave at the cemetery. He prepared the defence case and was a former Goulburn City mayor. The Queanbeyan doctor who prepared the forensic report on Cassarotti, William Fox-Haley, is also buried there.
Dr Gilcher has contacted Saint Saviour's Cathedral about holding an appropriate service for Cassim. He hopes to invite Abdallah's descendants from India.
"If we could have a multi-faith funeral here that would be one way of saying sorry for his death," he said.
Dr Gilcher intends to produce a television series and write a book with Mr St Leon about the case.
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