Depositions for Ah Mo 14 Apr 1868 Bathurst trial 1
1
(M.11 & 12 Vic., Cap 42).
Depositions of Witnesses.
New South Wales, Bathurst
TO WIT. }
The examination of Senior Constable Sutton of Bathurst in the Colony of New South Wales, Joseph Walsh of Brownlea and William Walsh of Brownlea in the said Colony, taken on oath this 17th day of February in the year of our Lord one thousand eight hundred and sixty eight, at Bathurst 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 Ah Moo [aka Ah Mo] a Chinaman who is charged this day before me for that he the said Ah Moo on 20th day of February instant at Brownlea, in the said Colony, did unlawfully and indecently assault one William Walsh, a child of the age of 10 years.
2
Ah Moo, a Chinaman.
Indecent assault.—
Assee [aka Ah See] sworn to interpret.
Senior Constable Frederick Sutton of the Bathurst police on oath states. I received information yesterday of a Chinaman attempting to commit an assault upon a little boy. I received this information from Joseph Walsh the father of the boy.
Walsh told me that he had brought the Chinaman as far as the Native Home Public House, about ten miles from Bathurst, and that
3
he could not get him to come any further. I accompanied Walsh to the Native Home Inn. On our arrival we found that the Chinaman had gone and left his swag behind. I gave the swag in charge to Mrs Weavers and came along toward Bathurst and when about five miles from Bathurst I overtook the prisoner and then arrested him. I told him the charge. I told him that he had been fucking a little boy. He then understood me—he said "Me no fucking little boy oh no it raining—me cold
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me wet me get hold of little boy to warm me."
I searched prisoner and found upon him four shillings, a knife, five Chinese books, some Chinese paper and a letter, also three "Miner's Rights."
I also found an opium bottle on prisoner.
Walsh told me that his son told him that prisoner wanted him to take some of the opium out of the bottle.
I produce all the things found on prisoner.
Prisoner has no questions to ask.
Sworn at Police Office, Bathurst, 14th February, 1868.
[Signed] F Sutton.
[Signed] W Hall Palmer, PM.
5
Joseph Walsh on oath states, I am a shepherd in the employ of Thomas Quinn of Brownlea on last Wednesday (12th instant) evening it was very wet and I left my boy about a mile from home to bring home the flock of sheep whilst I went to chop some wood in about an hour afterwards I heard the boy dogging the sheep close to the sheep yard, some time after this I went to my supper expecting the boy in immediately as he did not come I went to look for him. I went to the back
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at the sheep yard about two hundred yards away from the hut, I saw the sheep there but could not see the boy. I then went on a little further and saw a fire. I saw a tent at the fire—when I got within a few yards of the tent I gave a bit of a cooee I then saw the Chinaman between the fire and the tent and I saw my boy leave the Chinaman's grasp I could not see which way he held him but I saw him let my boy go out of his arms. The boy came running to
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me—he seemed to be frightened, I asked him what the Chinaman was doing to him. He told me that as he was passing the Chinaman's tent with the sheep that the Chinaman called him to him—that he went up to the Chinaman and that when he did so the Chinaman either had filled his pipe or filled it and then he put it into his (the boy's) mouth and would make him smoke that he tried to avoid the pipe going into his mouth and that in the struggle the Chinaman pulled out his
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person and showed it to him and wanted to get him into the tent and said "Me give it you shilling if you let me fuck you" that he got hold of him behind with his arms across his shoulders and that just as he was doing that I gave the cooee and that the Chinaman then let him go and ran away and planted.
My boy will be 10 years old next July, he wore trousers with belt on the occasion in question.
Saw prisoner distinctly
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but I could not say whether he had his person exposed.
I only know what my boy told me.
That evening I went to see whether the Chinaman was at the tent, but I could not see him.
Next morning I saw him going by my place. I followed him when I get my horse and overtook him about eight miles from my place. I took him in charge and told him what I did so far he was on foot I took him as far as the Native Home Inn
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He would not come any further. I asked Mr Weaver to take charge of him, and I then came in for the police.
When the trooper and I had got back to the "Native Home" we found that prisoner had bolted.
I afterwards saw him on the road and I then pointed him out to the trooper.
I am quite positive that prisoner is the man I saw [him] with my boy behind the tent and the fireCthere was a ridge between the tent and the sheep house
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and prisoner could not see the house from where he was camped.
Prisoner has no questions to ask.
Sworn at the Police Office, Bathurst, 14 February, 1868.
[Signed] Joseph Walsh.
[Signed] W Hall Palmer, PM.
~ ~ ~ ~ ~
Remanded for seven days.
[Signed] W Hall Palmer, PM
12
Ah See, interpreter.
William Walsh, son of Joseph Walsh, shepherd in the employ of Thomas Quinn, of Brownlea, on oath states. I know the prisoner—I saw him about 400 yards from my father's house one day last week. The day before my father came into Bathurst. I am nearly ten years old.
It was in the evening and I was bringing the sheep home to the yard—it was a wet evening—my father had gone home. Prisoner called me to him—he was standing at his fire near his tent about 200 yards
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from the sheep yard—he called me and said "Will you have some tea" I said "No" He then caught hold of me I was standing on the other side of the fire.
Prisoner then went into his tent, got his bag and took his pipe out and put something out of a little box into his pipe—he lit the pipe and smoke came out of his nose—he then went into the tent, sat down and asked me to go in—I did not go into the tent, I stood outside—prisoner then said to me "You fuck you fuck
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me give you one shilling"—he then pulled out his person, shook it at me and said "That is very good" he then got hold of me, placed me between his legs and kissed me,—he said I was a fine son,—just then my father cooed. Prisoner then let me go and went and planted in the tent, he went down like in the corner of the tent, I went to my father and told the man what had happened.
I am quite sure that what I have told is the truth and that prisoner
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is the man—I never saw him before that evening.
After prisoner lit his pipe and smoke had come out from his nose he caught hold of me, placed me between his legs, put his arms around my shoulder and wanted to put the pipe into my mouth, he said "You smoke, you smoke." I put my hand up to keep the pipe from going into my mouth.
By prisoner: You said to me "You have some tea" I did not ask you to give me some rice or for some tobacco or to cut some
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tobacco—I did ask you what time it was and you said about 4 o'clock and I told you it was not 4 o'clock.
You did not tell me to go home, that it was getting late.
Sworn at the Police Office, Bathurst, 17th February, 1868.
[Signed] William his mark X Walsh.
[Signed] William Hall Palmer, PM.
17
(N, 11 & 12 Vic, Cap. 42.)
Statement of the accused.
New South Wales, Bathurst
TO WIT. }
Ah Moo—a Chinaman stands charged before the undersigned, one of her Majesty's Justices of the Peace in and for the Colony aforesaid, this 17th day of February in the year of our Lord one thousand eight hundred and sixty eight for that he, the said Ah Moo on the 12th day of February instant at Brownlea, in the said Colony, did unlawfully and indecently assault one William Walsh a child of the age of ten 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 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 whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Ah Moo and the witnesses for the prosecution Senior Constable Sutton, Joseph Walsh and William Walsh being severally examined in his presence, the said Ah Moo 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 Moo saith as follows:—"I will say nothing now."
Taken before me, at Bathurst, in the said Colony, the day and year first above mentioned.
[Signed] W Hall Palmer, PM.
18
Committed for trial at ensuing Circuit Court, Bathurst, on Monday the 13th April next. Police Office, Bathurst, 17th February, 1868.
[Signed] W Hall Palmer, PM
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Walsh bound for self and son and no notice Sutton bounds.
19
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to Give Evidence.
New South Wales, Bathurst
TO WIT. }
Be it remembered, that on the nineteenth day of February in the year of our Lord one thousand eight hundred and sixty eight Frederick Sutton a Senior Constable of the Police Force, Joseph Walsh of Brownlea in the Colony of New South Wales, and Joseph Walsh, of Browlea, in the said Colony, for his son William Walsh personally came before the undersigned, one of her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged 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 Bathurst in the said Colony, before me,
[Signed] W Hall Palmer, PM
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[On the reverse of the above is the following]
The condition of the within written recognizance is such, that whereas Ah Moo—a Chinaman was this day charged before W Hall Palmer, Esq one of her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting William Walsh.
If therefore, they the before-mentioned persons shall appear at the next Circuit Court to be holden at Bathurst, in and for the Colony of New South Wales, on the 13th day of April 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 Ah Moo for the offence aforesaid, to the jurors who shall pass upon the trial of the said Ah Moo.
Then the said recognizance to be void, or else to stand in full force and virtue.
[Signed] W Hall Palmer, PM
~~~~~
[On the deposition’s cover is the following]
17th February, 1868, No 172.
Deposition.
Regina v Ah Moo (a Chinaman)
Indecent assault on a boy, 10 years of age.
Next Bathurst Circuit Court [Initial illegible] 27 March 1868.
1. Assault with intent to commit sodomy.
2. Indecent assault.
3. Common assault.
Bathurst.
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The Bathurst Times, Wed 15 Apr 1868 2
CIRCUIT COURT.
This Court was opened on Monday morning for the general gaol delivery.
(Before his Honor Mr Justice Cheeke.)
The following members of the bar were present.—Messrs Butler, Mr Dalley, and Mr Manning.
The Clerk of Assize having read the usual proclamation, Mr Butler, Barrister-at-law handed in his commission as Crown Prosecutor.
The jury panel was then read over by the Clerk.
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The Bathurst Times, Sat 18 Apr 1868 3 ...
CIRCUIT COURT.
———o———
TUESDAY.
(Before his Honor Mr Justice Cheeke.)
...
UNNATURAL CRIME.
Ah Moo [aka Ah Mo], a Chinaman, was indicted for having feloniously attempted to commit an unnatural crime upon one William Walsh [aka Joseph Welsh, a boy under 10 years of age] on the 17th February last. There was a second count charging prisoner with an indecent assault, and a third count charging him with a common assault.
The prisoner pleaded Not Guilty and was undefended.
Constable Sutton deposed to the apprehension of the prisoner in consequence of some information he had received on the road to Bathurst. Most of the evidence is entirely unfit for publication. When the prisoner was charged with the offence he denied it.
The jury found the prisoner Guilty on the first count and he was sentenced to two years’ imprisonment with hard labour in Bathurst gaol.
1 SRNSW: NRS880, [9/6510], Supreme Court, Papers and depositions, Bathurst, 1868, No 172. Emphasis added.
2 The Bathurst Times, Wed 15 Apr 1868, p. 2.
3 The Bathurst Times, Sat 18 Apr 1868, p. 4. Emphasis added.