Depositions for Ah Chit 9 Aug 1880 Sydney trial 1
(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
Eden
TO WIT. }
The examination of Stephen Woods of Eden, in the Colony of New South Wales, Senior Constable of Police, John Severs Selector and Fisherman, James Severs, aged 11 years, his son and Elizabeth Severs his wife, all of Jiguma near Eden and John Shiels of Bega, in the said Colony, Medical Practitioner taken on oath, this 2nd day of June in the year of Our Lord one thousand eight hundred and eighty, at Eden in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Ah Chit (a chinaman) who is set this day before us, for that he, the said Ah Chit, on the 31st day of June (May) at Eden, in the said Colony, did at Jiguma near Eden aforesaid, commit a certain infamous crime, to wit, the abominable crime of buggery, in and upon one James Severs, a boy aged 11 years.
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Stephen Woods being duly sworn states, I am a Senior Constable of Police stationed at Eden. On last Monday evening I went to the prisoner’s house and found him there. I asked him if he had seen Severs today. He said yes. He then said have you seen him?, adding Have you got a summons for me. I replied, No, but a warrant. I read the warrant to him, he asked me when the case would come on. I replied tomorrow or next day. I conveyed him to the lock up. He told me he had arrived from Bombala on Sunday evening when he had been selling fish. He said Severs and he had had a row about money and the boy telling lies he also told me Severs stabbed him on the leg and made him bleed and said he would show it to me when we got to the lock up. That he also hammered him nearly choked him, and locked him up in a room; on arrival at the lock up, in the presence of Constable (Collectore ?), he took down his trousers. There were no marks of stabbing or kicking, only one insignificant mark on his hip. By appointment yesterday, at noon, I met Dr Shiels at Sever’s residence, I was present when he examined the boy James Severs; from everything I heard there, I went down south side of the
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Pambula Lake accompanied by the boy James Severs and his father. The place was pointed out to me where the alleged offence was committed. I noticed in several places that the surface of the grass had been broken as by a person’s foot or knee. I also noticed a fern and two of its stalks had been stripped of the leaves, and about 2 feet from there I noticed a bunch of leaves just as if thrown down in a lump by some person; this was in a secluded spot in a Tea tree scrub close to the edge of the lake, this place is fully three quarters of a mile from any residence. I also noticed some tracks leading from the spot coming along the sand. The footmarks were indistinct, some of them having been covered by the tide and rain, but 2 of the tracks appeared plainer than the others though three parts filled with sand.
[Signed] Stephen Woods.
Sworn before us at the Court House, Eden this 2nd day of June 1880.
[Signed] George Plunkett Keon, PM and Solomon Solomon, JP.
John Severs being duly sworn states I am a Selector and Fisherman and reside at Jiguma near Eden, that is my signature in the information produced. I am the father of the boy James Severs, in my information I gave his age as 9. I was then excited but from what my wife has told me I believe him to be about 11 years old. The prisoner,
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Ah Chit, came down from Pambula on Sunday last to the Pambula Lake and camped on the south side about three quarters of a mile from my residence. Two of my little boys went down in that direction for the cows on Sunday evening, from what I heard from the boys I knew that Ah Chit had returned from Pambula, he told the boys to come down in the morning for some lemon peel he had in a little box that he could not unpack that night. On Monday morning my son James went to bring the cows home to be milked, this was about 8 o’clock, shortly afterwards I went down to the lake to get some dried fish, I was going to get the chinaman, the prisoner, to bring them up to the house in his spring cart. When I got to his camp I found his tea, bread & etc, laid out on a box ready for breakfast but I could not see the prisoner. A few minutes afterwards I saw the prisoner coming by the beach out of a Tea tree scrub, and just afterwards I saw I my son James come out of the same scrub. They both came towards the camp, but in slightly different directions. I told the boy to go home and get the cows milked. I said to prisoner “Have you had your breakfast?”, he answered “No”, so I told him to get it and I would pack the fish up. I packed them up and put them in the cart and he put his horse in. Suspecting something wrong I followed the chinaman’s tracks back into the Tea tree scrub. I found a spot where
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the grass was trampled about and the dirt turned up, just fresh done; I started just in advance of prisoner for my house he having the spring cart and horse. When I came to the yard where the boy James was milking I asked him what he and the prisoner had been doing in the Tea tree scrub. He burst out crying. I then went into the house with the prisoner and transacted some business about the fish with him and he left. Then I told my wife there must have been something wrong between the prisoner and James. From what I had seen that morning she said “I will make him tell the truth,” and called him into the room where I was present. There she asked him to tell her everything. She stripped him, but previous to doing so he told her that the prisoner asked him to go into the scrub that morning to see some nice birds and “a game what china boys play in china”. When stripped we found the boy’s posterior all red and chafed looking; I immediately ran after the chinaman and brought him back. He had only got about 300 yards away, I brought the chinaman into the room, my wife and my son James being present. My wife said “Ah Chit, you have ruined my child.” Then he said “Who says so?,” she answered, “James”. He then asked “Where is James?” He was just in the next room and came out. Ah Chit said “James, did I do anything to you?” James said “Yes.”, Ah Chit then approached
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the boy in a threatening attitude and said “You little b----r. You say me did anything to you me kill you.” Then I told Ah Chit he should not go out of this till I went for Mr Woods the Constable. He said “You are not a Policeman and I have no warrant or summons so you cannot keep me.” I stood against the outside of the door and kept him in the room for a little while and he tried to get out of the window but the wife stopped him. I had no-one to send for the police so I let him go. He went towards Eden and I followed him as soon as I could get my horse. When I arrived at Eden I laid this information. I went yesterday accompanied by Senior Constable Woods and my son James to the spot before mentioned in the Tea tree scrub. This was after Dr Shiels had examined the boy – close to the spot I saw Constable Woods pull up a fern with some of its leaves stripped off, and also a handful of fern leaves close to it: evidently pulled off the same fern. The footmarks on the beach were nearly obliterated when the Constable saw them. Thirty hours had elapsed and the tide and rain had been over them.
[Signed] John Severs.
Sworn before us at the Court House, Eden this 2nd day of June 1880.
[Signed] GP Keon, PM and S Solomon, JP.
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James Severs, aged 11 years, says he has been to school a little but cannot write though he understands the nature of an oath and can say the Lord’s prayer – being duly sworn this deponent says: I know the prisoner Ah Chit. I remember last Sunday evening I went after the cows down near the lake where Ah Chit was camped with his horse and cart. I went to the camp. The chinaman told me to come down again next morning and he would give me some lemon. I brought the cows home and told my father and mother that Ah Chit had come back and told me to come down in the morning to get some lemons; I went down that way again in the morning, about 8 o’clock, for the cows. Prisoner gave me a few dates and told me to come in to the bush to see some parrots. When he got me into the scrub he threw me down and said he would show me “some play like the china boys did”. He took his trousers down and took mine down and laid on top of me. I was lying on my belly. He shoved his cock up my backside; he hurt me, and I sung out. When I sung out first he told me not to sing out. It was what the boys did in china. I sung out again and he said he would kill me. He was on top of me, shoving at me for about 5 minutes, holding me down firmly
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and hurting me very much. I tried to get up but could not. When he got off, I my backside was wet and Ah Chit pulled some fern leaves and told me to wipe myself with them, which I did. We both fastened up out trousers. I came out of the scrub and went straight towards the camp, and Ah Chit went towards the camp also but round by the beach – when I came out of the scrub I met my father. I was afraid to tell him what had occurred because the chinaman had threatened to kill me if I told anyone. Then I went home with the cows. When I was milking the cows, father came to me in the yard, and asked me what I was doing with the chinaman in the Tea tree scrub. Then I began to cry but did not tell him because I was frightened – the chinaman came up then and he and father went into the house. When the chinaman had gone mother called me in and asked me what the chinaman had done. I then told her everything and father was present. He went after the chinaman and brought him back.
By the Bench: Mother asked the chinaman what he had done. He said “Nothing” – then the chinaman asked me in the presence of father and mother whether he had done anything to me. I answered “Yes”. He replied “You bloody b----r. If you say I have done anything to you I will kill you”. I remember being examined by Dr Shiels yesterday and afterwards I went down to the lake with father and Constable Woods where
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father showed you Constable Woods the place mentioned in the scrub and I said it was the right place. I saw Constable Woods pull up a fern and also a bunch of leaves which came off the fern. I am sure it was the same fern and leaves that Ah Chit gave me to wipe myself. It had been pouring with rain all day Monday and they were soaking wet when Constable Woods found them. I have been with the chinaman before, that is in his company, but he never offered to do this.
[Signed] James Severs.
Sworn before us, at the Court House Eden, this 2nd day of June 1880.
[Signed] GP Keon, PM. and S Solomon, JP.
Elizabeth Severs duly sworn states I am the wife of John Severs and mother of James Severs, aged 11 years. I reside with my husband at Jiguma, from something I had heard from my husband, on Sunday morning last about 9 o’clock I went into a room where my son James was undressed. I had sent him there. I asked him what the chinaman, Ah Chit, had been doing to him; I said if you tell the truth neither I nor your father will beat you; he told me Ah Chit had asked him to come into to the bush where he would show him some pretty parrots and “some nice play which china boys all do”. When he got him there he said Ah Chit took down his own trousers and also the boy’s, then threw him down on
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the grass and lay on top of him. His (the boy’s) mouth being in the grass; when the boy said he could “what he had in him”. I examined the boy myself. I saw that the boy had told the truth as his fundament was all chafed, red, and quite raw. I noticed a piece of fern in his trousers and asked him how it came there. He said Ah Chit had used fern leaves to wipe him when he had done with him and let him up. I asked the boy if Ah Chit had hurt him. He said “Yes.” Ah Chit had left the house but I sent my husband after him – when he brought Ah Chit back in to the room, I said “You vagabond. You have used my child as a woman for you and ruined him for life, you wretch” – I called James from the next room and told him to tell Ah Chit what he had done to him. Ah Chit said “Me no done anything to you James have I?” James said “Yes”. Ah Chit said, in the presence of myself and my husband, “You bloody b----r. If you say anything me kill you”. I told my husband to get his horse and rise into Eden as quickly as possible and inform the police. I remember Dr Shiels coming yesterday to examine my son.
[Signed] Elizabeth (her X mark) Severs.
Witness, Richard Bega Hayes, Clerk of Petty Sessions.
Sworn before us at Court House, Eden this 2nd day of June 1880.
[Signed] GP Keon, PM and S Solomon, JP.
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Alexander Dawson. Photo: Peter de Waal.
John Shiels being duly sworn states, I am a legally qualified Medical Practitioner and reside at Bega. On last Monday afternoon I received a telegram from Sgt Woods, of Eden, requesting me to come, as soon as possible, to Jiguma, to Sever’s house, to examine a boy upon whom, it was alleged, an unnatural crime had been committed. I arrived at Sever’s house yesterday at noon, and met Constable Woods there. The boy was brought into the room and, after asking him some questions, I had him stripped and examined him; I saw no external marks of violence on his body, on exposing the external surface of the rectum (or lower gut), as well as I could, I found the internal lining of the bowel unnaturally red, and inflamed, I also found the mouth of the anus very much relaxed – that is to say that where, in a boy of that age, a penholder ought to fit tight I could easily introduce my forefinger – in my opinion the a man’s penis would cause the appearances I saw.
By Constable Woods: Had it been forcibly introduced; if thirty hours had elapsed since the alleged offence, and the external marks would not be very so plain as those described by the mother, whose evidence I have heard. The boy I examined is the same as the one now before the Court.
[Signed] John Shiels
Sworn before us at the Court House, Eden this 2nd day of June 1880
[Signed] GP Keon, PM and S Solomon, JP.
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By the Bench:
John Severs recalled – Up to the present time I have never had any ill-feeling or dispute with the prisoner, we were always on the best of terms.
[Signed] John Severs.
Sworn before us at the Court House, Eden this 2nd day of June 1880.
[Signed] GP Keon, PM, and S Solomon, JP.
Prisoner stands committed to take his trial at the next Court of Gaol Delivery to be holden at Darlinghurst, Sydney, on Monday 9th August 1880.
Bail refused.
[Signed] GP Keon, PM and S Solomon, JP.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Eden
TO WIT. }
Ah Chit stands charged before the undersigned, two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 2nd day of June in the year of Our Lord one thousand eight hundred and sixty eighty for that he, the said Ah Chit on the 31st day of May at Jiguma, near Eden, in the said Colony, committed sodomy in and upon one James Severs, a boy aged 11 years and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise or favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Ah Chit and the witnesses for the prosecution Stephen Woods, John Severs, James Severs, Elizabeth Severs, and John Shiels. Being severally examined in his presence, the said Ah Chit is now addressed by me as follows:– “Having heard the evidence, do you wish 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 in evidence against you upon your trial;” whereupon the said Ah Chit saith as follows:– “I am not guilty but I reserve my defence.”
Taken before us at Eden, in the said Colony, the day and year first above mentioned.
[Signed] GP Keon, PM, and S Solomon, JP.
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Information – (General purposes.)
No. 21813
New South Wales, Eden
TO WIT. }
Be it remembered, that on this 31st day of May in the year of Our Lord one thousand eight hundred and seventy eighty at Jiguma near Eden in the Colony of New South Wales, John Severs of Jiguma near Eden appears before me, the undersigned, one of Her Majesty’s Justices duly assigned to keep the Peace of our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on the 31st day of May in the year of Our Lord one thousand eight hundred and eighty that one Ah Chit of Eden aforesaid, chinaman, did then wickedly and feloniously and against the order of Nature commit the detestable and abominable crime of bugger in upon one James Severs aged 9 years contrary to the Act in such case made and provided; whereupon the said John Severs prays that I, the said Justice, will proceed in the premises according to law.
[Signed] John Severs
Sworn at Eden in the said Colony, on the day first above written, before me.
[Signed] S Solomon, JP.
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New South Wales
TO WIT. }
At a special Court of Petty Sessions held at Eden, this 1st day of June, 1880
before S Solomon, Esquire, JP.
Ah Chit (chinaman) charged on warrant with having committed the crime of Buggery on one James Severs, a boy 9 years of age, at Jiguma, on the 31st ultimo.
Stephen Woods, being sworn states I am a Senior Constable of Police stationed at Eden. I arrested the prisoner Ah Chit by virtue of a warrant produced yesterday at 3.30 pm wherein he is charged with having committed the crime of Buggery on one James Severs a boy nine years of age, at Jiguma, I pray for a remand until the 3rd instant to enable me to produce attendance of witnesses for Prosecution.
[Signed] Stephen Woods.
Sworn before me at Eden this 1st day of June 1880.
Remanded till Wednesday 2nd June.
[Signed] S Solomon, JP.
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Recognizance to give Evidence.
New South Wales, Eden
TO WIT. }
Be it remembered, that on the 2nd day of June in the year of Our Lord one thousand eight hundred and sixty eighty Stephen Woods of Eden, John Severs, James Severs, and Elizabeth Severs, of Jiguma near Eden and John Shiels of Bega personally came before me, one of Her Majesty’s Justices of the Peace for the said Colony, and acknowledged severally to owe to our Sovereign Lady the Queen the sum of
FORTY POUNDS,
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said.
[Signed] Stephen Woods, John Severs and John Shiels shall fail in the condition indorsed.
Taken and acknowledged the day and year first abovementioned at Eden in the said Colony, before.
[Signed] GP Keon, PM.
The condition of the within written Recognizance is such, that whereas one Ah Chit was this day charged before Justice of the Peace within mentioned, for that he did on the 31st day of May last commit sodomy in and upon one James Severs at Jiguma, near Eden if therefore they the said witnesses shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst, Sydney in and for the Colony of New South Wales, on Monday the 9th day of August and there give such evidence as they know upon an information to be then and there preferred against the said Ah Chit for the offence aforesaid, to the jurors who shall pass upon the trial of the said Ah Chit then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] GP Keon, PM.
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[On the depositions’ cover sheet is the following]
Central Criminal Court
9th August 1880
No. 112
Depositions.
Regina No. 4
v.
Ah Chit
Bestiality [sic]
See within R[obert] W[isdom, AG]
Committed at Eden
on 2 June 1880
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Sodomy
RW AG
8/6/80
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Justice WC Windeyer’s Notebook 2
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[Sydney, 9 August 1880]
Ah Chit – chinaman
Buggery with James S[evers]. 31st May 1880 at Jiguma
Stephen Woods. Senior Constable stationed at Eden. Know prisoner. On 31st May went to his place at 3.30 pm at about 2 miles from Eden. Asked him if he had seen Severs today. He said yes. He asked if I had a summons for him. I said no a warrant. I read it. He asked me when the case was coming on. I said tomorrow. On next day took him to lock up. On the way he told me that he had arrived from Bombala on the Sunday evening where he had been selling fish, that Severs & he had a row about some money, that the boy told him too
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much lies, that Severs stabbed me (nicked ?) me, (choked ?) me & locked me up in a room. Made him bleed. On arriving at lock up I examined him in presence of lock up keeper. There was no sign of stabbing which one insignificant mark on his hip (like ?) of pen. Know James Severs. He was examined on 1st June, by Dr Shields. Know Pambula Lake, went there accompanied by boy Severs. He pointed out a spot to me in a tea tree scrub, a secluded spot ¾ mile from Severs residence. Noticed surface of ground as if broken by man’s knee. It had been raining nearly all that day 1st June. I noticed a fern growing near. Two of its stalks had been stripped of its leaves. Noticed a bunch of fern leaves close to the fern within 2 feet.
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Cross-examined. Nearly 15 years in District (but ?) (the ?) (Eden ?) neighbourhood is (very ?) (thinly ?) inhabited. The tide ebbs & flows. The tide had been twice over the foot prints (& ?) had been heavy rain. Severs was the nearest selection. He had been a long time in the neighbourhood. (Any ?) tea tree scrub would be secluded. (?) to the bush directly he left the house – he said he had stabbed him on the hip. The father went with me to the spot. He pointed out the spot to me. Severs – not a quarrelsome man but very quiet unassuming people.
James Severs. Am 11 years old. Know the prisoner. Live near Pambula Lake with father. Prisoner lives at Solomon’s farm, about 6 miles further but he was fishing at lake close to father’s. Saw prisoner on the 31st May on a Monday Tuesday at about 10 o’clock saw him Monday between 7 & 8 am at his camp near the lake.
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He spoke to me. He gave me a few dates & told me to come in the bush & see some pretty parrots. I went into the scrub with him & he caught hold of me & took down my trowsers & took down his. He said he would show me some nice play like all chinese boys do in china. He threw me down & laid on top of me. I was lying on my face. He shoved his cock up my backside. He hurt me. Each time I sung out he told me not to sing out or tell any one or he would kill me. He held me tight with his hands. I tried to get up. He was on me five minutes. When he got off he pulled some ferns & gave me them to wipe myself. My bottom it was wet. I buttoned up my trowsers & went away but not same direction. He went to the bush, I went straight out of the scrub.
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Question – did you tell him of anything: I saw my father. He told me to go (home ?) with the cows & get them milked, that my mother wanted them milked. Went to milk & was milking when I saw chinaman pass & go into the house. After I had done milking I went into the house, after milking four cows & the chinaman was gone. I was not in the house with the chinaman. He did not speak to me in the presence of father & mother. Mother asked chinaman something. I was not there. The prisoner in the presence of father & mother asked me if he had done any thing to me. I was in the room, father went out & brought him back. When mother asked him he said he had done nothing. He said me touch you James? I said yes. He said you say so me kill you. Nothing else said. Dr Shields
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examined me the next day. I went to Lake with father & constable. I showed them the place where prisoner held me. Saw Woods pick up the fern leaves which I am sure prisoner gave me to wipe myself with.
John Severs. Father of last witness live near Pambula Lake. Remember 31st May saw prisoner that day between 7 & 8 against the lake. Sent son that morning. Sent him for the cows & shortly after saw him against the lake. The boy had come out – tea tree scrub (?). Prisoner came along beach out of scrub. I told the boy to get home with the cows. The prisoner came to the beach when I was finding fish. I asked him have got your breakfast. He said no. I told him to get his breakfast & I would pack the fish by myself. I packed them & put them in a cart & started along the beach & followed the brush along the beach to where I saw
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(him ?) come out tea tree. I saw grass bent down & (?) turned as if fresh by the knee. I went home & the chinaman with the fish & I got home first, a few yards before him. The boy was milking in the yard & I said something to him. The boy gave no answer, only began to cry. I & the chinaman then went inside & settled for the fish he had to take to Monaro. I was catching fish & he was taking them to Monaro selling them. As soon as chinaman was gone I summoned the boy – my wife examined him in my presence. Found him red & very much chafed on his posterior. I then went after the chinaman & fetched him back. As soon as he came in my wife asked him What have you been doing with my son. He said nothing. My wife said you have been using him like a woman.
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He said who said so. My wife said James. He said to my son you little bugger you say that I do anything to you me kill you. I said you don’t get out of the house till I go for a policeman. He answered you are not a policeman, you can not keep me you have neither a summons nor a warrant. My wife said you can follow him. I then let him go. I went & laid an information. I went to the spot pointed out. It was where I had been the day before & I saw the fern picked up.
Cross-examined. I spoke quietly to the boy when I asked him the questions. The redness was close to the orifice.
I’d frequently dealt with him in fish. He had often been to my place. He did not pay up that morning. We settled what he had to pay me & the money was to come down from Monaro. After I followed the tracks & had been to the scrub I thought there was something not right. The boy had
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cried before I went in & settled with the chinaman. There was another chinaman in the neighbourhood but only this one was employed by me. The cows used to roam in the direction of the chinaman’s hut. The boy used to go to a half time school as long as it lasted & then a woman taught him & I & my wife in the evening.
James Severs. When my father spoke to me he spoke sternly & then I burst out crying. In morning I was not at school, I worked on farm. Got wood & water for the house & went to fish. His father used to live at Solomon’s farm with prisoner. Another chinaman has brought lollies to the house. Ah Chin.
Cross-examined. (?) not know where Ah Chin is (now ?). My father spoke to me as if he thought something was wrong.
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Elizabeth Severs. Mother of James Severs. Remember 31st May. Saw prisoner at the house that day about 9 am. Examined my son. Before doing so had a conversation with prisoner. Husband was present. My husband brought him back. I said Ah Chit what have you been doing to my child. He said nothing. I said you have marred my child for life. You have been using my child as a woman you wretch. He said (?) James did James say so. I said yes & called him. I said to James tell Ah Chit what he did. Ah Chit said me done nothing. James said you did. & made a step towards the boy & said if you say I did anything you bloody bugger I kill you. My husband then said he should not leave the house till he sent for a constable. He said you are not
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a constable & have not got a warrant you can’t keep me I go (through ?) then would so, which he tried to do. I told my husband to let him go & get & [sic] a constable, & he let him go. I examined my son before this & found his posterior very much inflamed & chafed & found a fern in his trowsers.
Cross-examined. My boy is 11. Have 3 other boys. Robert 16. Had not seen him marked the day before. He was in perfectly good health.
Dr [John] Shields. Legally qualified. (I ?) (examined ?) prisoner at Bega. Know the boy. Examined him on the 1st June – at noon. Examined his posterior. There were no external unnatural appearances. He complained of pain & I found the mouth of the (gut ?) very much relaxed, unnaturally so in a boy of his years.
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I (explored ?) into (mouth ?) (part ?) of (gut ?) & found it was very much inflamed to a short distance inside. The relaxation might be caused by many things. A serious attack – acute dysentery, any foreign body introduced (& ?) the male organ. External appearances might have disappeared in consequence of the time that had elapsed since the previous day.
Cross-examined. Natural causes might have produced what I saw.
He exhibited no symptoms disease. 3
Irving addresses Jury.
Verdict. Guilty of attempt.
Sentence. Two years imprisonment in Darlinghurst Gaol.
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Evening News, Mon 9 Aug 1880 4
CENTRAL CRIMINAL COURT.
————
THIS DAY.
THE sittings of this court commenced at Darlinghurst court-house this morning, before his Honor Sir James Martin, Chief Justice, with a list of 14 cases. The Attorney-General prosecuted.
…
(His Honor the Chief Justice left the bench, his seat being taken by Mr Justice Windeyer.)
…
UNNATURAL OFFENCE.
Ah Chip, [sic], a Chinaman, was indicted for having on May 31, at Jigamy, near Eden committed an unnatural offence on a boy 11 years of age. The case and the evidence were explained to the prisoner very readily by an interpreter. Mr Lingen, instructed by Mr Gannon, watched the case on behalf of the prisoner (at the request of his Honor) till the arrival of Mr Irvine, who was instructed by Mr J Lowe. The line of defence was that this was a charge got up by the Chinaman out of revenge against the prosecutor’s father (a German), with whom he said he had had a difference about money and who he said had assaulted him. Evidence was, however, called to prove that the boy’s father was a very quiet, inoffensive man. The main evidence is unfit for publication. The prosecutor’s father, mother, and other witnesses gave very minute corroborative circumstantial evidence. The jury retired to consider their verdict, when the court adjourned for half an hour.
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The Sydney Daily Telegraph, Tue 10 Aug 1880 5
CENTRAL CRIMINAL SESSIONS.
MONDAY, AUGUST 9.
(Before Mr Justice Windeyer.)
The Attorney-General conducted the prosecutions on behalf of the Crown.
PLEADED GUILTY.– The following prisoners upon arraignment pleaded guilty, and were remanded for sentence:– Julius Kolomian, alias Don Carlos de Vine, alias Julius Weiss, several charges of forgery and uttering, and obtaining money by false pretences; Herbert Pahl, forgery and uttering.
…
UNNATURAL OFFENCE.– Ah Chit pleaded not guilty to a charge of having committed an offence against nature, at Eden, on the 31st May last. Mr Irving and Mr Lingen, instructed by Mr J Lowe, appeared for the defence. The jury, after a short retirement, returned a verdict of guilty of attempt, and prisoner was sentenced to two years’ imprisonment with hard labour in Darlinghurst Gaol.
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The Sydney Morning Herald, Tue 10 Aug 1880 6
LAW REPORT.
SUPREME COURT.–MONDAY, AUGUST 9.
…
CENTRAL CRIMINAL COURT
…
(Before his Honor Mr Justice Windeyer.)
OFFENCE.
Ah Chit pleaded not guilty to a charge of having committed an offence on a boy, at Eden, on the 31st May last. Mr Irving, instructed by Mr Lowe, defended the prisoner. The Jury, after a few minutes’ deliberation, found the prisoner guilty of attempting to commit the offence; and his Honor sentenced the prisoner to two years’ imprisonment, with hard labour.
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Ah Chit, Gaol photo sheet 7
![SRNSW: NRS2138, [3/6043] , Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2303, p. 266, R5100.](../../images/trials/1880-Chit-6043-gaol-photo-2303.jpg "SRNSW: NRS2138, [3/6043] , Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2303, p. 266, R5100.") |
Gaol Photo Sheet - Transcribed Details
No. 2303
4150.80
Date when Portrait was taken: c. 1880
Prisoner's Name: Ah Chit
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Native place: China Year of birth: 1840 Arrived Ship: not known Trade or occupation Religion: Pagan Education, degree of: Nil Colour of hair: Black Colour of eyes: Brown Height: 5' 6" Weight On committal: 156 Marks or Special Features: |
Where and when tried: Supreme Criminal Court Offence: Attempt to commit Sodomy Sentence: 2 years imprisonment Remarks: Sentence remitted 8th April 1882 |
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(No. of Previous Portrait ... ) PREVIOUS CONVICTIONS |
| Where and When | Offence. | Sentence | |||
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Nil |
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1 SRNSW: NRS880, [9/6653], Supreme Court, Papers and depositions, Sydney, Aug 1880, No. 112. Emphasis added.
2 SRNSW: NRS7851, [2/7389], Judiciary, WC Windeyer, J. Notebooks Criminal, 1879-95, pp. 2-13. Emphasis added.
3 Mn: Not cross-examined
4 Evening News, (Sydney, NSW), Mon 9 Aug 1880, p. 2.
5 The Sydney Daily Telegraph, Tue 10 Aug 1880, p. 4.
6 The Sydney Morning Herald, Tue 10 Aug 1880, p. 3.
7 SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2303, p. 266, R5100.