Evening News, Wed 8 Aug 1888 ¹

A SERIOUS CHARGE.
————

    CARCOAR, Tuesday.—At the police court this morning Willie Sing, a Chinaman, was charged with having assaulted a boy named Owen Bates. The accused is a cook. He was remanded for the production of medical testimony.

~ ~ ~ ~ ~

Evening News, Fri 10 Aug 1888 ²

A SERIOUS CHARGE.
————

    CARCOAR, Thursday.—In the police court this morning Willie Sing, a Chinaman, who was charged with committing an assault upon Owen Bates, a child age six years, was committed to take his trial at Bathurst Sessions.

~ ~ ~ ~ ~

Depositions for Willie Sing 17 Oct 1888 Bathurst trial ³

Court House Carcoar
10th August 1888

Bowen Simpson, Attorney General, Sydney

Sir
    Under separate cover I beg to forward depositions in the case noted in the margin (Regina v. Willie Sing). Defended is committed for trial at the Assizes to be holden at Bathurst on Wednesday the 17th October next.

    I am Sir your obedient servant.
[Signed] W[illiam] B[adcock] Warner [CPS]

~ ~ ~ ~ ~

[Subpoena]

 Victoria, by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, &c.

New South Wales,
TO WIT.                  }

To

Tu Kor, Yards man at Mrs Smith’s

Hotel, Carcoar

GREETINGS:–
    We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Wednesday the seventeenth day of October next, by Nine of the Clock in the forenoon of the same day, at Bathurst in Our Colony of New South Wales, in the Court House, situate in Bathurst there to testify the truth, and give evidence, on the part of the Prisoner before Our said Justice, touching a certain information to be preferred against

WILLIE SING

in a case of Indecent Assault on a Male person
and that you so appear, from day to day, until the case be tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.

    WITNESS the Honorable Sir Frederick Darley
       Our Chief Justice of Our Supreme Court of New South Wales,
       at Sydney, the seventeenth day of September
       in the year of Our Lord one thousand eight hundred and
       eighty eight
    For the Prothonotary,
    [Signed] Francis Cox Baylis
    8th Clerk of the Supreme Court.
Note.– This Subpoena has been issued on behalf of the Prisoner.

~ ~ ~ ~ ~

No. 427.

Crown Solicitor’s Office
Sydney, 17th September 1888

    Memo
    Police Officer in charge, Carcoar
⁴ 

The Queen v. Sing
Indecent Assault

    Subpoena for service on behalf of the prisoner on Tu Kor, original to be returned with affidavit of service.
[Signed] John Williams
Crown Solicitor

~ ~ ~ ~ ~

Bathurst Gaol
18th September 1888

Sergeant [Richard Groves] Francis

Dear Sir
    You kindly get the Subpoena to Jimmy Lee Bathurst interpreter. But he only a man I like interpreter for my case your oblige [sic]
    Your Truly
[Signed] Willie Ah Sing

~ ~ ~ ~ ~

RG Francis
Police Station, Carcoar
19th September 1888

John Williams, Crown Solicitor, Sydney
    Constable Albert H[enry] Sandrey No. 4221 begs to state with reference to the attached Subpoena, [see above] that the Yards man’s name at Smiths Hotel, Carcoar is Joseph Core, who is bound over as a witness to appear in the case – The Queen v. Sing at Bathurst on 17th October 1888. The Const is of opinion that he is the person the Subpoena is intended for as Mr Smith states that no one bearing the name of Tu Kor has been in his employment.
[Signed] AH Sandrey, Constable.

~ ~ ~ ~ ~

    Subpoena in case Regina v. Sing Returned herewith there is no such person as Tu Kor in Carcoar no doubt the person referred to is Joseph Core who is one of the Crown witnesses.

[Signed] RG Francis, Sergeant.

~ ~ ~ ~ ~

RG Francis
Police Station Carcoar
23rd September 1888

    Mark ED Ford, Police sub-Inspector, Orange
    Sergeant Francis begs to report for the information of his Sub Inspector with reference to the annexed letter.
    It was written by a Prisoner named Willie Ah Sing who is at the present time in the Bathurst Gaol awaiting trial on a charge of Indecent Assault upon a male person. The Prisoner who is a chinaman is desirous of having a Subpoena served on Jimmy Lee chinese interpreter who is residing at Bathurst. Perhaps the Crown Solicitor would comply with Prisoners wish and have a Subpoena served on the interpreter named. The case is to be heard at the next Circuit Court to be holden at Bathurst on 17th October next.
[Signed] RG Francis, Sergeant

~ ~ ~ ~ ~

    Forwarded to the Superintendent of Police perhaps the Deputy C of the (Police ?) Crown Solicitor at Bathurst would issue a Crown Subpoena for the interpreter referred to by the prisoner.
[Signed] Mark ED Ford, Sub Inspector
Orange 25.9.88

~ ~ ~ ~ ~

    Forwarded through the Inspector General of Police – to Superintendent of Police, Bathurst.
    The Prisoner Willie Ah Sing is under committal for trial at the next Bathurst Circuit Court charged with indecent assault.

No. 88. 1202

Bathurst 26-9-88

~ ~ ~ ~ ~

Thomas Henry Goff,
A/Police Inspector General
Inspector General’s Office NSW Police
Sydney 27 September 1888

88. 690

Memo
    John Williams, Crown Solicitor, Sydney

Regina
versus
Willie Ah Sing
Indecent Assault
Bathurst C Court

    The attached application of prisoner Ah Sing is forwarded for the consideration of the Crown Solicitor.
[Signed] TH Goff
Acting Inspector General of Police

~ ~ ~ ~ ~

Sydney W Webb, Solicitor,
Bathurst, 13 October 1888

    John Williams, Crown Solicitor, Sydney
Dear Sir

Reg v. Ah Sing

    Would you kindly forward me Depositions herein as soon as possible together with memo of fees. Accused was committed for trial at Carcoar to Bathurst Assizes.
Yours faithfully
[Signed] Sydney W Webb

~ ~ ~ ~ ~

    15 October 1888 [note from] CE Parkinson, [Chief Clerk, to] Philip Kelly [Engrossing Clerk, states]:

Reg v. Willie Sing

    Copy Depositions, 6 sheets    6/.

~ ~ ~ ~ ~

(M., 11 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

New South Wales, Carcoar,
TO WIT.                             }

The examination of Albert Henry Sandrey of Carcoar in the Colony of New South Wales, Constable Owen Bates of Carcoar Joseph Core of Carcoar Kate Bates of Carcoar and William Kelty of Carcoar, in the said Colony, taken on oath this ninth day of August in the year of Our Lord one thousand eight hundred and eighty eight at Carcoar in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Willie Sing who is charged this day before me, for that he the said Willie Sing, on the 6th day of August at Carcoar in the said Colony, did commit an indecent assault on Owen Bates a male person.
[Signed] Nathaniel Connolly, PM.

1

Court House Carcoar
9th August 1888

Before Nathaniel Connolly, PM.

    Willie Sing appears in custody charged with committing an indecent assault on Owen Bates a male person.

    Albert Henry Sandrey sworn states:– I am a Constable stationed at Carcoar. At half past three o’clock on Monday afternoon the 6th instant, from information received, I proceeded in company with Owen Bates to the Stoke Hotel Carcoar where the accused was employed as a cook. The accused came into the kitchen while I was there. I said to Owen Bates, “So this is the chinaman that you say assaulted you?” Before he replied, accused

2

said, “He tell lie, I no see him.” I said to the accused, “Did you see this boy today?” He said, “No, I no see him, he no come here.” He said, “He never come in this kitchen.” Owen Bates said, “I did. I was in your bedroom.” I then arrested the accused and brought him to the lock up and charged him with committing an indecent assault on Owen Bates. In reply to the charge he replied, “I no see him.” I produced a pair of child’s trousers which were given to me by the mother of Owen Bates. They were torn in the seat when I received them. I gave them to Dr Kelty. The child’s shirt also produced I received from Mrs Bates. I gave both articles to Dr Kelty on the 8th instant and received them back from him this morning. The boy pointed out the prisoner’s bedroom to me when I was in the kitchen. There is a

3

passage off the kitchen which leads to the prisoner’s bedroom.

    The chinaman does not speak good English. I understood what he said at the Stoke Hotel and he understood me.

[Signed] AH Sandrey, Constable.

Sworn before me this ninth August 1888.
[Signed] N Connolly, PM.

4

    Owen Bates a child six years of age states:– I have seen the prisoner before, he lives at Smiths Hotel he is a cook. On Monday last I was near the hotel looking at a merry go round. The prisoner saw me and called me into his bedroom which is near the kitchen. It is off the kitchen. I went into his bedroom with him, he said nothing to me. He put me on the bed and got on my back. My face was down, I was lying on my stomach. He tore my trousers. The trousers produced are those I was wearing on that day. He tore them behind and unbuttoned them in the front. He unbuttoned his own trousers and then put his cock in through the seat of my trousers. I could feel his cock between my legs. He had hold of me with his arms and squeezed as tight as he could and kept moving. He made me wet but

5

did not hurt me. His person was between my legs. He did it twice. He gave me a penny to buy lollies. I went home and told my mother, and she sent me to the Police. She gave me the a note produced and which I gave it to Sergeant Francis. It was before dinner time when the chinaman did it. The shirt produced is the one I was wearing at the time. My mother is deaf and dumb. I can make her understand by signs anything I wish her to know. When I went home I told my mother what had happened.

[Signed] Owen (his X mark) Bates.

Taken and sworn before me this ninth August 1888.
[Signed] N Connolly, PM.

6

    Joseph Core sworn states:– Joseph Core sworn states:– [sic] I am a groom in the employ of W Smith of the Stoke Hotel Carcoar. I recollect Monday last. I saw Owen Bates in the kitchen of the Stoke Hotel at about 10 or 11 o’clock in the morning. I also saw the prisoner in the kitchen where he was cooking. After this I heard prisoner and the little boy talking in prisoner’s bedroom. I did not hear the little boy leave. I heard them talking for a few minutes when I left the kitchen to go to my work. I did not hear what was said.

    By Mr Dodd: I was in the kitchen for about five minutes the first time I went in. The boy was talking to the chinaman. I then left I returned in a few He appeared quite happy and did not complain to me of anything. I did not hear him ask the chinaman for a shilling.

7

I went away for a few minutes and the boy and the chinaman were in the bedroom talking. I did not hear the boy call out at all. I saw the boy afterwards in the street with his little brother in the perambulator but did not say anything about the chinaman. The trousers provided are those he was wearing when I saw him in the kitchen but I did not see if there was a hole in them. I did not see him after he came out of the bedroom.

[Signed] Joseph (his X mark) Core.

Taken and sworn before me this ninth August 1888.
[Signed] N Connolly, PM.

8

    Kate Bates sworn states:– I am a servant in the employ of Mr (?) of the Royal Hotel Carcoar. Owen Bates the little boy now in court is my son. He is six years of age. I recollect Monday last my little boy came home to me about 1 o’clock in the afternoon, he went away about 11 in the morning. He had the shirt and trousers on now produced. The trousers were not broken when he went away, but all torn when he came back. The boy told me something about a chinaman and I sent for the Police. The boy had one penny when he came back. I took the trousers off the boy at 1 o’clock They were wet and the shirt at 4 o’clock at the request of Constable Sandrey.

[Signed] Kate Bates.

Taken and Sworn before me this 9th August 1888.
[Signed] N Connolly, PM.

    NB The witness Kate Bates being deaf and dumb but able to read and write, written questions were put to her which she replied to by writing her answers, and incidentally understood everything about the proceedings being very intelligent.
[Signed] N Connolly, PM.

9

    William Kelty sworn states:– I am a duly qualified Medical Practitioner and reside at Carcoar. Between 11 and 12 o’clock yesterday forenoon the 8th August I examined Owen Bates at the Carcoar Gaol. The parts round about the anus presented a normal appearance. Constable Sandrey gave me a shirt and a pair of trousers and a shirt. On the lower end of the shirt behind was a stain which appeared to me to be of a faecal nature. I examined this stain microscopically for some seminal (animal ?) but could not find any. I also examined some stains in the boy’s trousers behind which were torn at the seam for seminal (animal ?) but could not find any. These stains appeared to me to be of a greasy nature.

    By Mr Dodd: There did was not the slightest indication

10

of a criminal assault having been committed by the chinaman on the boy. It is possible that the emission may have been on the boy’s body and the clothes escaped.

[Signed] William Kelty.

Taken and sworn before me this 9th August 1888.
[Signed] N Connolly, PM.

11

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, Carcoar,
TO WIT.                             }

Willie Sing stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 9th day of August in the year of Our Lord one thousand eight hundred and eighty eight for that he, the said Willie Sing on the 6th day of August at Carcoar, in the said Colony, did indecently assault Owen Bates a male person and the examination 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 of 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 against him upon his trial, not withstanding such promise or threat; and the said charge being read to the said Willie Sing and the witnesses for the prosecution Albert Henry Sandrey, Owen Bates, Joseph Core, Kate Bates and William Kelty being severally examined in his presence, the said Willie Sing 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 Willie Sing saith as follows:– “Reserves his defence.”
Taken before me, at Carcoar in the said Colony, the day and year first abovementioned.
[Signed] N Connolly, PM.

12

    Prisoner is now committed to take his trial on the charge preferred at the Circuit Court to be holden at Bathurst on Wednesday 17th October next.
This ninth August 1888.
[Signed] N Connolly, PM.

13

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales, Carcoar,
TO WIT.                             }

Be it remembered, that on the 9th day of August in the year of Our Lord one thousand eight hundred and eighty eight Albert Henry Sandrey a Constable of the Police Force, of Carcoar, Owen Bates, Joseph Core, Kate Bates of Carcoar in the said Colony, and William Kelty of Carcoar in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledge themselves to owe Our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

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 before mentioned persons shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned at Carcoar in the said Colony, before me.
[Signed] N Connolly, PM.

The condition of the within written Recognizance is such, that whereas Willie Sing was this day charged before Nathaniel Connolly Esquire one of Her Majesty’s Justices of the Peace for the Colony, with indecently assaulting one Owen Bates a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Bathurst in and for the Colony of New South Wales, on the 17th day of October next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Willie Sing for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Willie Sing then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Narrandera Connolly, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court
Bathurst
17th October 1888
AG’s No. 120
Depositions.
CS’s No. 3
Regina
v.
Willie Sing
Indecent assault
See [below] within [initialled] G[eorge] B[owen] S[impson], AG
11/8/88
Committed at: Carcoar
on: 9th August 1888

~ ~ ~ ~ ~

Indecent assault on a male person section (68 ?) Criminal (Justice ?) Amendment Act

[Signed] GB Simpson, [AG]
11/8/88

~ ~ ~ ~ ~

    An interpreter who understands the (?) (?) if possible be in attendance to interpret the evidence of Mr Bates.
    Ascertain from the PM if the prisoner was offered Bail. If not, he should be allowed Bail if he can obtain it. The case might then be tried at the Carcoar Sessions on 30 Nov & the expense to the (?) and (?) (?) the (?) Tuesday consequent upon them attending at Bathurst Circuit Court is amended.
[Initialled] GBS, [AG] 11/8/88.

~ ~ ~ ~ ~

Letter to PM (?)
13.8.88

~ ~ ~ ~ ~

Telegram 22, letter 24.8.88

~ ~ ~ ~ ~

I found there is no Court of Quarter Sessions held at Carcoar but only a District Court. I was under a wrong impression.
[Initialled] GBS, [AG] 13/9/88.

See papers 1471 returned to Justice Department today.
[Initialled] GBS, [AG] 13/9/88.

~ ~ ~ ~ ~

Justice MH Stephen’s notebook   ⁵

36

Bathurst 17 October ’88
Willie Sing – Indecent assault ⁶
Plea not guilty.

    Owen Bates. I live with my mother – I am 6 years old – I saw prisoner out at Smith’s cooking – He called me into the kitchen – he unbuttoned my trowsers in front ⁷ – & unbuttoned his. We were then in the bed room – he laid on me. He laid me on the bed – he was shaking me – trying to kill me – don’t know how. His trowsers were unbuttoned when he lay on me – he pulled out his thing – and laid on me – I had braces on – I was laying on my stomach – he wet my behind – it was before dinner.

    Cross-examined I did not call out for assistance. The chinaman

37

brings cabbage to my mother to buy. I did not say at the Police Court that the prisoner tried to kill me – I told my mother when I went home. I saw Core in the kitchen – I said nothing to Core – I went to the merry go round in the evening – I did not see the prisoner’s thing. I did not ask the prisoner for money because he was going to be married to my mother – she did not tell me that – I (have ? had ?) asked him for money.

    Re-examined. I felt his thing – my trowsers were put off before after dinner. I was sent for the Sergeant in the evening.

    Kate Bates. (deaf & dumb) – examined by an interpreter – That is my son. I know the prisoner – those are my (?) son’s trowsers. I took them off at 12 in the morning – they were torn when I took them off – not torn when I put them on – patched. I sent him to the Police –

    Cross-examined. This was ½ past 2.

38

    I have known him 12 months – never going to be married – never asked him – never wrote a line to him – I was in the Court before – against a man for assault in a tent (admitted that he was acquitted). (Appears to be a married woman but to have a child not by her husband).

    Joseph Core. Groom to Smith – he keeps an hotel. Prisoner was cook there in August last. I know Owen Bates – I saw him in Smith’s hotel on Monday the 6th August last – saw him between 10 & 11 – I was in the kitchen about 5 minutes. When I left he was there – the prisoner was there with the boy when I left – close to the kitch table – prisoner’s bedroom off the kitchen. I went out and came back in 5 minutes. I heard the prisoner & the boy in the bedroom. I heard them

39

talking.

    Cross-examined. I went away to feed the pigs. I could not hear what they were saying – I heard no cry, ordinary tone of voice – I saw him again about 2 o’clock same afternoon – I did not speak to him – he made no complaint to me – kitchen door open when I came back the 2nd time – did not notice the bedroom door.

    Alfred ⁸ Henry Sandrey. Constable at Carcoar – I received information from Owen Bates – at about ½ past 3 in afternoon of 6 August. ⁹ Prisoner pointed to the boy and said he no come here – I not see him – he tell lie – I had said nothing to the prisoner. I asked prisoner if he knew the boy – he said the same thing – I took him to the lock up. I said to the Police Court “The accused came into the kitchen that you say while I was there. I said to Owen Bates – is this the chinaman that you say assaulted you”. Before he replied accused

40

said “He tell lie &c.” – prisoner was not then present – he was coming across the yard.

    William Kelty. Duly legally qualified medical practitioner.

    Cross-examined. No signs of any violence on the boy – I examined the (?) clothes on the (?) – with a microscope – I found no trace of any seminal discharge.

    Re-examined By Harris. Could have been such rent ¹⁰ getting on the clothes.

Verdict – Guilty. 3 years imprisonment Bathurst Gaol, hard labour.

~ ~ ~ ~ ~

The Bathurst Daily Times, Wed 17 Oct 1888 ¹¹

BATHURST CIRCUIT COURT.
WEDNESDAY, OCTOBER 17.
(Before Mr Justice MH Stephen.)

    HIS HONOR took his seat at 10 am.
    Mr Herbert Harris, who prosecuted for the Crown handed in his commission. The only other barrister present was Mr Buchanan.
    The Judge’s Associate was Mr Edgar, and Mr JB Dulhunty acted as Deputy Sheriff.
    Attorneys: Messrs Parkinson (who represented the Crown Solicitor), McIntosh, Thompson, McPhillamy, Kenny, SW Webb, and Messrs McLachlan and Kearney (Orange.)

JURORS FINED.

    The names of the jurors were called, and his Honor said that William Seymour would be fined 60s for non-attendance. He said a letter had been sent in by Mrs Marshall, the wife of Montgomery Marshall, stating that her husband had left home on a mining expedition, and would be unable to be here on the 17th instant. His Honor could not allow excuses of this kind, but if the statements were made in an affidavit the fine might afterwards be remitted. There was also a note from Dr Edmunds to the effect Mrs Henry Barnes was very unwell, and it was advisable that her husband should be in attendance upon her. The Judge observed that he could not pay attention to notes of this kind. It was very easy for a wife to complain and wish to keep her husband at home, but if they allowed such excuses they might have no jurors at all. Mr Barnes was fined 60s.– The partner of a Mr Tibbs (who was also fined) appeared, and said he was willing to act as a substitute for the absent juror, the latter being the only person who could attend to business.– His Honor said it was usual, he believed, when one of a firm was summoned as a juror, and was unable to attend, to permit his partner to act for him, and in this case therefore the fine was remitted.

INDECENT ASSAULT.

    Willy Sing was charged with committing an indecent assault on Owen Bates at Carcoar on the 6th August.

    Mr David Buchanan, instructed by Mr Webb, defended.
    Prisoner professed that he did not under stand English.
    The Crown Prosecutor said there was a letter written in English by the prisoner as well as he could write himself.
    His Honor asked the prisoner if he understood English, and Willy Sing immediately replied. “Me no understand Englee.”
    An interpreter was allowed to act.

    The Crown Prosecutor briefly queried the case, and then called–

    Owen Bates a child 6 years old. On being questioned by His Honor, the youngster did not appear to be very clear as to the nature of an oath.

    His Honor said he considered it a farce for a child like this to take the oath. He supposed he must consider that the oath would bind him in some way or other. It had never yet been decided whether ti was necessary for a child of tender years to take an oath. As far as he knew it had never been decided whether they could make a child promise instead of taking an oath. If the prosecutor liked to rest on possible conviction on a promise, he would take it.

    The Crown Prosecutor said he would leave it to his Honor’s discretion.

    His Honor said there ought to be a law exempting children of this kind from making any promise or being sworn. They were just as likely to tell the truth one way as the other. He thought the Act alluding to this matter was “Buchanan’s Act.” Did not Mr Buchanan know what was in his Act?

    Mr Buchanan said that Act did not apply in this case. It was for persons who objected to take the oath.

    His Honor said he did not think the child was competent to take an oath. It made him feel ashamed that the law was so uncertain on this point that he could not decide without any hesitation whether the lad could be sworn or not. He ought not to be in doubt one moment as to what he could do with the child. It appeared from the child’s manner that he did not know who God was, and that was the foundation of all that was necessary for a witness to be sworn. If the child was not responsible he could not let him take an oath. He would allow him to make a promise to tell the truth and reserve the point so that if this man got off because of his decision it would be time for the Legislature to step in and amend the law. Under the Act 48 Vic., No. 8, he thought that he had power to let the lad promise. He was ashamed to sit there and not be able to deal without hesitation with the case of this child. He hoped Mr Buchanan would interfere in another capacity to relieve them in a matter of this kind.

    The evidence was then proceeded with, but most of it unfit for publication. It appears, however that the chinaman was cook at an hotel at Carcoar, and that he enticed the boy into his bedroom and committed an assault.

    Mr Buchanan, for the defence, hoped that the jury would not let any prejudice against the chinese influence them in their verdict, but give a decision according to the evidence. He contended that the evidence of the doctor to a great extent negatived that of the witnesses for the prosecution.

    The Crown Prosecutor, in reply argued that all the Crown had to prove was that the chinaman had behaved indecently.
    His Honor having summed up, the facts of the case the jury retired to consider their verdict at one o’clock.
    The jury returned a verdict of guilty.

~ ~ ~ ~ ~

The Bathurst Daily Times, Thu 18 Oct 1888 ¹²

THURSDAY, OCTOBER 18.
His Honor took his seat at 9.30 am.

SENTENCES.

    The following prisoners were brought up for sentence:–

    Willy Sing, for indecent assault on a child named Owen Bates, “Willy” said he had been in gaol a long time. He had to keep his grandfather and grandmother, and had a wife and three children to keep. He was a poor man.– His Honor sentenced him to three years’ hard labour in Bathurst gaol.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 19 Oct 1888 ¹³

BATHURST CIRCUIT COURT.
———◦———
(By Telegraph.)
(From Our Correspondent.)
———

Bathurst, Thursday.

    At the Circuit Court to-day, before Mr Justice Stephen, Willy Sind, a Chinaman, convicted of indecent assault, received three years’ hard labour.

~ ~ ~ ~ ~

Willy Ah Sing, Gaol photo sheet ¹⁴

---

Gaol Photo Sheet - Transcribed Details

No. 333
Parramatta 

Date when Portrait was taken: 6 November 1888

Name: Willy Ah Sing

Native place: China Year of birth: 1847 Arrived       Ship: Unknown in Colony }   Year: 1886 Trade or occupation previous to conviction  } Cook Religion: Pagan Education, degree of: Nil Height: 5' 2½" Weight     On committal: in lbs     } On discharge: Colour of hair: Black Colour of eyes: Black Marks or special features:

No. of photo: Where and when tried: Bathurst CC. 18 October 1888 Offence: Indecent assault on a male person Sentence: 3 years HL Remarks: Discharged by add [sic] remission 25 February 1891

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
				Nil

 

---

¹     Evening News, (Sydney, NSW), Wed 8 Aug 1888, p. 6.

²     Evening News, (Sydney, NSW), Fri 10 Aug 1888, p. 6.

³     SRNSW: NRS880, [9/6763], Supreme Court, Papers and depositions, Bathurst, 1888, No. 120. Emphasis added.

⁴     Mn: 17th October 1888 Bathurst

⁵     SRNSW: NRS7710, [2/7231], Judiciary, MH Stephen, J. Notebooks Circuit Courts, 1876-1903, pp. 36-40. Emphasis added.

⁶     Mn: child 6 years old

⁷     Mn: he tore my trowsers behind

⁸     Albert in transcript of depositions.

⁹     Mn: went to the kitchen with the boy

¹⁰   Means tear in the clothes.

¹¹   The Bathurst Daily Times, Wed 17 Oct 1888, p. 2. Emphasis added.

¹²   The Bathurst Daily Times, Thu 18 Oct 1888, p. 2.

¹³   The Sydney Morning Herald, Fri 19 Oct 1888, p. 8.

¹⁴   SRNSW: NRS1998, [3/13069], Bathurst Gaol photographic description book, 1874-1930, No. 333, p. 41, R5088.

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