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The Goulburn Herald and Chronicle, Wed 8 Apr 1868 1


THE Goulburn assizes commenced on Monday before his Honor Mr Justice Faucett. The Solicitor-General prosecuted for the crown, assisted by Mr Jackson of the crown-solicitor’s office. Mr Callaghan acted as clerk of arraigns, and Mr RH Blomfield represented the sheriff. The members of the legal profession present were, Mr Dalley, barrister; and Mr Gannon, Mr Benbow, and Mr Betts, attorneys.


    Thomas Marr and George Lynch were charged with having, on the 15th December, 1867, at Wombat, stolen the sum of £2 from Shuen Yean (a Chinaman). There was a second count for assault.

    The prisoners pleaded not guilty, and were defended by Mr Dalley; attorney, Mr Gannon.

    The Solicitor-General stated the case to the jury, and called

    Constable Watson, who deposed: I am stationed at Wombat; I arrested the prisoner Marr at his own place at Nubber Creek; I asked Marr had he been to Wombat on the 15th December; I then charged him with robbing a Chinaman; he said he had been at Wombat; I then went to Lynch’s place and arrested him; I took the prisoners to Wombat and searched them; on Marr I found a £1 note and 10s in silver; on Lynch I found £2 in silver.

    To Mr Dalley: It was twelve o’clock at night when I went to Marr’ house; I left a policeman at the window; while I was knocking at the door the other constable called out that the prisoner was trying to get out.

    Shuen Yean, who was sworn by blowing out a match and examined through an interpreter, deposed that he keeps a Chinese garden at Wombat; remembered Sunday afternoon two weeks before Christmas coming home after selling vegetables at Wombat; was carrying two baskets on a long stick (produced); had some mutton and Chinese tobacco in the baskets; as he was going home about five o’clock two men came up on horseback; the prisoner Marr rode up in front of witness and the other prisoner caught hold of witness’s hands; the little man (Lynch) struck him on the forehead; had not the mark when he went to Wombat; a blow from the stick caused the mark; the prisoners knocked witness down and took £2-7s from him; one held him down and the other beat him; did not know which took the money; could not eat anything for a week after, and nearly died; saw the two prisoners at the police-court and knew them.

    To Mr Dalley: Saw the two prisoners with Constable Watson; the constable brought out the prisoners to the verandah; witness’s mate gave information to the police; prisoners rode chestnut horses; one of witness’s countrymen came up and saw the two men ride away; witness was sensible when the money was taken from him. Ah Fook, sworn by blowing out a match, deposed: Is a gardener and lives at Wombat; saw Shuen Yean lying on the ground; there was blood on the ground; when witness came close to him, the two prisoners galloped away; one of the men was big and one small.

    To Mr Dalley: The men were going through the bush when witness saw them; they were about thirty yards from him; was quite sure the prisoners are the men who rode away from Shuen Yean; called out and the two men rode away; swore to the two men at the Young police-court.

    Elizabeth Holdman deposed: My husband keeps a public-house at Wombat; the prisoners were at my house two Sundays before Christmas; they remained about half-an-hour; they then went towards the Chinese camp; they took a bottle of rum and gave me 1s. 6d. for it.

    To Mr Dalley: The prisoners were at my place about five o’clock.

    Dr Temple deposed: I attended a Chinaman named Shuen Yean in December last for a wound on his head caused by some blunt instrument.

    This closed the case for the crown.

    Mr Dalley addressed the jury for the defence; the Solicitor-General replied; and his Honor having summed up, the jury retired and after an absence of three hours returned into court with a verdict of not guilty, and the prisoners were discharged.

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Clarence and Richmond Examiner and New England Advertiser, Tue 21 Apr 1868 2


    We have heard that one of the Taree constables was seen wheeling a married woman through the streets, a few days ago to the lock-up—and that the lady was somewhat tipsy at the time. Mr Flett investigated the case the next morning and was so very ungallant as to charge the lady five shillings for the ride—although she appealed to him “to draw it mild!” We do not mention names because we hope no such disgraceful spectacle will again be witnessed on the river, as a married woman in a state of intoxication.—Manning River News.

    GOULBURN.—At the assizes, Samuel Garland, charged with rape, has been acquitted. In the case of Thomas Marr and George Lynch, for robbery, the jury, after deliberating on their verdict, returned a verdict of not guilty.

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Empire, Fri 7 Aug 1868 3


    In one of the Chinese cases tried at the Cooma Quarter Sessions the week before last, a Celestial enjoying the assumed musical patronymic of John Ah Lee, prosecutor in the case of unlawfully wounding at Poor Man’s Point, Delegate, was taken into custody by sergeant Zoellner, of Bombala, immediately after the case above mentioned had been disposed of by virtue of a warrant issued by the Araluen Bench. Ah Lee was recognised as a Chinaman known by the name of Ah Fook who had escaped from the custody of the Nerrigundah police over two years since, being incarcerated on a charge of forging and uttering two gold commissioner’s receipts; since his escape a charge of horse stealing has been preferred against him. Ah Fook, alias a Ah Lee, was brought before the Cooma Bench on Tuesday last and remanded to Araluen. After leaving the court Ah Fook got into the company of some of his countryman, and though his evidence had to be taken through an interpreter, he managed to speak pretty fair English outside the court. Made sociable, no doubt, from the fact that the Chinaman who had inflicted upon him serious bodily injury had received a sentence of twelve months’ imprisonment, the worthy prosecutor had just requested his companions to accompany him to the nearest public house and have some nobblers, when his course was arrested by the strong arm of the law.

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Queanbeyan Age, Sat 8 Aug 1868 4

Monday—August 3.

    PRISONERS’ ESCORT. —The following prisoners arrived in town under police escort, last Tuesday from Cooma; the four first-named having been convicted at the court of general sessions in that town, and being en route to their several destinations:—

    James Obert Darley, stealing a letter, three years’ hard labour in Darlinghurst jail;

    Yeck Tow (Chinaman) unlawfully wounding, eighteen months hard labour in Goulburn jail;

    Chung Ham (Chinese), unlawfully wounding, twelve months’ hard, labour in Goulburn jail;

    John Fraser, cattle-stealing, three years’ hard labour in Parramatta jail; and

    Ah Fook under remand to Araluen on a charge of having escaped from custody.

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Empire, Fri 20 Nov 1868 5


    At the Braidwood General Sessions, which commenced on Monday last, before Judge [Alfred] McFarland, Ah Fook, a stout sullen specimen of the Mongolian race, was charged with having, at Araluen, on the 1st January, 1866, feloniously forged a certain receipt or acquittance for money with intent to defraud.

    A second count charged the prisoner with having feloniously uttered the same knowing it to have been forged. The prisoner was acquitted.

    Ah Foo [sic] was charged with having, at Major’s Creek, on the 17th September last, indecently assaulted with intent, &c, one Edwin Holloway. The facts detailed were of the most revolting character, and utterly unfit for publication.

    The jury returned a verdict of guilty, and the prisoner was sentenced to twelve months imprisonment with hard labour in Braidwood gaol.

    Ah Fook was again charged with having at Araluen, on the 1st January, I866, feloniously forged a certain receipt or acquittance with intent to defraud. A second count charged him with having uttered the same knowing it to have been forged. The prisoner was acquitted.

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Judge Alfred McFarland, between 1867-1870. Image: NSW State Library collection. Reproduction: Peter de Waal
Judge Alfred McFarland, between 1867-1870.
Image: NSW State Library collection. Reproduction: Peter de Waal

The Goulburn Herald and Chronicle, Sat 21 Nov 1868 6

(From a correspondent.)

THE court of quarter-sessions opened this morning at ten o’clock before his Honor Judge McFarland. Messrs. Orridge, Caswell, Stewart, and Larmer, JP’s, were also on the bench, the latter gentleman representing the sheriff.

    The legal gentlemen present were WR Templeton, Esq, crown prosecutor, and Messrs Fell and Scarvell, solicitors.

    The first case called on was that of Ah Fook, charged with forgery. Prisoner was undefended and acquitted.

    Ah Fook was next charged with an indecent assault on the person of a boy named Oliver, thirteen years of age. Prisoner was defended by Mr Scarvell, found guilty, and sentenced to twelve months’ imprisonment in Braidwood gaol.

    Ah Fook was then charged with forgery (this being the second case of the kind against him.) Prisoner was undefended and acquitted.


1     The Goulburn Herald and Chronicle, (NSW), Wed 8 Apr 1868, p. 2. Emphasis added.

2     Clarence and Richmond Examiner and New England Advertiser, (Grafton, NSW), Tue 21 Apr 1868, p. 1. Emphasis added.

3     Empire, (Sydney, NSW), Fri 7 Aug 1868, p. 3.

4     Queanbeyan Age, (NSW), Sat 8 Aug 1868, p. 2. Emphasis added.

5     Empire, (Sydney, NSW), Fri 20 Nov 1868, p. 4. Emphasis added.

6     The Goulburn Herald and Chronicle, (NSW), Sat 21 Nov 1868, p. 4.