Empire, Sat 12 Apr 1873 ¹

GULGONG

April 9.

…
    CRIMES AND OFFENCES.—The police have been unusually active during the past week. In the first place they grappled with the evil of sly-grog selling, and brought home about a dozen convictions, in which the guilty were fined £30 each, with an alternative of three months’ imprisonment in the gaol at Mudgee.
…
    Ah Moy, a wealthy Chinese storekeeper, was charged with keeping a gambling house, and about a dozen other celestials with being present and gambling. Mr Cory defended, and an objection to the information was held good, and the Chinese were all discharged. There is no doubt but the Chinaman are inveterate gamblers, and there are several house at Gulgong, where play is very heavily indulged in. There is a report in circulation that one of our wealthy Chinese store keepers dropped £5000 at one of the tables one night last week.

~ ~ ~ ~ ~

Empire, Fri 26 Sep 1873 ²

GULGONG.

Thursday, 2.50 pm.

…
    A Chinaman named Ah Moy has committed an indecent assault on a boy named Miller, aged 14 years.

~ ~ ~ ~ ~

Australian Town and Country Journal, Sat 27 Sep 1873 ³

GULGONG.

  Thursday.—The fortnightly escort left this morning with 5534 ozs gold, and £200 in notes. The Gulgong School of Arts debating-club have decided by a proportion of three to one in favour of an Elective Upper House. Accounts from the Jawbone rush are not encouraging. A Chinaman named Ah Moy has committed an indecent assault on as boy named Miller, aged 14 years.

~ ~ ~ ~ ~

Depositions for Ah Moy 18 Oct 1873 and 18 Apr 1874 Mudgee trials ⁴

Attorney General’s Department
779  

23/10/1873

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

Depositions of Witnesses

Gulgong,
TO WIT.       }

The examination of John O’Neal of Gulgong in the Colony of New South Wales, Henry Miller of Gulgong, John Thomas Martin of Gulgong and James Hall of Gulgong, in the said Colony, taken on oath, this 23rd day of September in the Year of our Lord one thousand eight hundred and seventy three at Gulgong 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 May who is charged this day before me for that he the said Ah May on or about the 23rd day of July 1873 and other times at Gulgong in the said Colony, did attempt to commit sodomy. 

2

Ah May
Sodomy

    Senior Sergeant John O’Donnell sworn, states, On Saturday 13 instant from information received I went to the prisoner’s residence in Herbert Street. I called him outside and said to him “I arrest you on the charge of having connection with a boy.” Prisoner said “What boy?” I said “a boy up at Hall’s.” Prisoner said “Me no see him at all.” I sent for the boy and when he came I asked him to point out the man that he accused. Prisoner and three other chinamen were present. The boy said “That’s him with the white hat” pointing to the prisoner. Prisoner said “What’s the matter.” I said “I told you before what’s the matter”. I afterwards charged prisoner in the presence of the boy. Prisoner said “I no see him at all, what he charge me for.” I said to the boy “Is that the truth that he says”. The boy said “No, it’s a lie”. I took prisoner to the lockup and confined him.

    Cross-examined by Mr Cory : I charged the prisoner with having connection with the boy. I did not tell prisoner any date, as I did not know when it happened. The boy had not told me the date at that

3

time: he has told me since about the date. The boy did not complain to me, but his master did. The boy is about 14 years of age.

[Signed] John O’Donnell.

Sworn at Gulgong September 23rd 1873.
[Signed] JA Browne, PM. Henry Herbert, JP.

    Henry Miller sworn states:– I am 14 years of age on the 21st of this month and an apprentice to Mr Hall, Bootmaker, in Herbert Street. I know prisoner, he lives next to the Horse and Jockey Hotel in Herbert Street. I remember seeing him in July (20 July) on the Sunday before the Wesleyan tea meeting. I saw him in his own house: I went in to buy some oranges: prisoner gave me some lollies: I did not buy any oranges. It was about half past two in the day. I told the prisoner I was going to Sunday School: prisoner said “I’ll go for a ‘walk with you.” I went away and prisoner came after me, and met me at Shipley’s: he gave me half a crown and asked me to go down to his house on that night. I had no idea what it was he wanted to go for. I told him I could not go that night as I had to go to church. I did not go that night. I saw the prisoner again the following Wednesday in his house. Prisoner had asked me on the Sunday to come some night in

4

the week. Prisoner gave me a shilling that night. He went to the front door and beckoned to me and I follow him to the back of Mr Hall’s fence. It was about half past eight at night: I think it was a bright night. Prisoner asked me to give him a little bit: I did not know what he meant. I asked him what of: he pulled out his thing and showed it to me. I told him no I wouldn’t. He asked me to go up the town and I went with him: he gave me a shilling; when we came between Shipley’s and the Temperance Hall prisoner unbuttoned three of the my buttons of my trousers: he pulled my trousers down and tried to get in but couldn’t. I felt his person against my body. He tried to put his person into me. I felt his private parts against my body. His private part was stiff. This took place against the fence near the Temperance Hall. We remained there about 3 or 4 minutes: he went home and I went home: he asked me to come down again on Saturday night. He said “Suppose you want one pound or ten shillings, I’ll give it to you.” I went to his place again on the Saturday night. We went behind Ryan’s stable and prisoner did the same as he did before only I felt a wetness: he gave me half a crown before he did anything

5

Prisoner loosened my clothes. I felt his private parts against my back. He did not enter my body at any time: he tried to do so but was not able. I saw him again in the middle of the next week: he came to Mr Hall’s where I was at work and beckoned to me to come down. I went down past prisoner’s place and he met me by Johnson’s next door to his own place. He opened the door in a little house and brought me in: there was hay and corn there: it was about eight o’clock at night: I believe it was on a Thursday. He asked me to come down and sleep with him that night: I refused saying I would not be let: prisoner said “Supposing you get up, no one hear you.” He opened my clothes and forced me onto the bed and tried to enter but could not: I felt a wetness and he gave me his handkerchief to dry it. On no occasion has prisoner succeeded in entering my person. I saw prisoner twice after that, and he made the same attempt on both occasions but without success.

    Cross-examined by Mr Cory: He gave me two shillings the night he took me into the hay and corn store. He has given me 27 shillings altogether. I did not complain to anyone till it was found out. Mr Hall found it out about

6

five weeks ago. The last time I saw prisoner was about 5 or 6 weeks ago. I did not complain to the police about it. I did not know it was any harm. I spoke to the police about it last Saturday week. I spoke to Sergeant O’Donnell and Keenan about half past 12 or 1 o’clock that day. I pointed the prisoner out to the police on that day. I have been attending Sunday School for 2 years. I have been with prisoner five times when he made the attempt. I went for the sake of the money.

[Signed] Henry Miller.

Sworn at Gulgong September 23rd 1873.
[Signed] JA Browne, PM. Henry Herbert, JP.

    John Thomas Martin sworn, states:– I am an apprentice to Mr James Hall, Bootmaker. Last witness is also an apprentice to Mr Hall. I know prisoner. I remember the Sunday the 20th of July: it was the Sunday before the Wesleyan Tea Meeting. On a Sunday night 2 or 3 weeks after that I went with last witness to prisoner’s shop. I saw last witness go away somewhere at the back of the shop with prisoner: it was about half past seven or eight o’clock. Prisoner seemed to be waiting for the boy. I saw money with the boy afterwards: he had two and sixpence. I am not sure if he had any money before we went out

7

I made a communication to Mr Hall with regard to Miller. I had a suspicion that there was something improper between prisoner and Miller. I have seen Miller and prisoner together at night at prisoner’s shop on different occasions. I have seen prisoner at Mr Hall’s speaking to Miller: I heard him on two occasions ask Miller to go to his house. Miller told me he got his money from Ah May.

    Cross-examined by Mr Cory: I do not think prisoner came to Mr Hall’s to speak to Miller before the 20th of July. I have seen money in Miller’s possession before the night I went with him to prisoner’s shop. I believe it was in August when prisoner came to Mr Hall’s shop. I first saw them together in July, in prisoner’s house. I did not go with Miller to Ah May’s shop till the Sunday 2 or 3 weeks ago after the 20th of July.

[Signed] John Thomas Martin.

Sworn at Gulgong September 23rd 1873.
[Signed] JA Browne, PM. Henry Herbert, JP.

    James Hall, sworn, states:– I am a boot and shoe maker residing in Herbert Street. The last two witnesses are my apprentices. I know prisoner: he lives about 80 yards from my house. About 6 weeks ago I noticed Miller having more money than he ought to have. I asked him how he got it. Miller was not in the habit of going out at night.

8

I used to allow him out occasionally for half an hour on week nights; on Saturdays and Sundays he could be out longer. From something Martin told me I gave information to the police, that he had more money than he ought to have, and I asked them to make enquiries.

[Signed] James Hall.

Sworn at Gulgong, September 23rd 1873.
[Signed] JA Browne, PM. Henry Herbert, JP.

    Committed for trial at Mudgee Gaol delivery October 16th 1873. Bail refused.
[Signed] JA Browne, PM. Henry Herbert, JP.

~ ~ ~ ~ ~

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

Statement of Accused.

New South Wales, Gulgong
TO WIT.                              }

Ah May stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 23rd day of September in the Year of our Lord one thousand eight hundred and seventy three for that he, the said Ah May, on the 24th day of July 1873 and other dates at Gulgong, in the said Colony, did attempt to commit sodomy, and in the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been cause 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, notwithstanding such promise or threat; and the said charge being read to the said Ah May and the witnesses for the prosecution John O’Donnell, Henry Miller, John Thomas Martin and James Hall being severally examined in his presence, the said Ah May is now addressed by me as follows:– “Having read 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 May says as follows:– “Nothing.” Taken before me, at Gulgong in the said Colony, the day and year first above mentioned.

[Signed] JH Browne, JP.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.) 

Recognizance to give Evidence

New South Wales, Gulgong,
TO WIT.                             }

Be it remembered, that on the 23rd day of September in the Year of our Lord one thousand eight hundred and seventy three John O’Donnell a Sergeant of the Police Force, Henry Miller of Gulgong, Master James Hall, John Thomas Martin of Gulgong in the Colony of New South Wales, in the said Colony, and James Hall of Gulgong 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 the said before mentioned persons shall fail in the condition endorsed. Taken and acknowledged, the and year first above mentioned, at Gulgong, in the Colony, before me, Lester S Donaldson, JP.

The condition of the within written recognizance is such, that whereas Ah May was this day charged before JA Browne, Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit sodomy. If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Mudgee, in and for the Colony of New South Wales, on the 16th day of October next, at 9 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 May for the offence aforesaid, to the jurors who shall pass upon the trial of the said Ah May then the said recognizance to be void, or else to stand in full force and virtue.

[Signed] Lester S Donaldson, JP.

~ ~ ~ ~ ~

John Williams, Crown Solicitor
13 March 1874

Joseph George Long-Innes, Attorney General

The Queen
v.
Ah May

Mr Attorney General (vide ?) please advise on the [below] within.

The Queen v.
Ah May	}	Attempt to commit Sodomy

    This case was tried at last [October 1873] Circuit Court Mudgee.

    The Jury retired at 1 pm and were discharged at 9 pm as they could not agree – having been locked up for eight hours. (Saturday night).

    Mr Attorney General will please say if the prisoner will again be put on his trial.

    Bail allowed – self £80.--, 2 sureties £40.-- each.

    Witnesses bound over for next Circuit Court.

[Signed] John Williams, Crown Solicitor

~ ~ ~ ~ ~

[AG’s response]

Yes

13.3.74
[Initialled] JGLI [Joseph George Long-Innes] AG

~ ~ ~ ~ ~

[On the depositions’s cover sheet is the following]

23rd September 1873
No. 6
Depositions.
No. 3
Regina v. Ah May
Attempt to commit Sodomy
CC Mudgee 16 Oct
Attempt to Commit Sodomy
[Initialled] EB
4/10/73
Gulgong

~ ~ ~ ~ ~

[On another cover sheet is the following]

Ah May
attempt at Sodomy
Mudgee Gaol Delivery
October 16th 1873
Gulgong
September 23rd 1873

~ ~ ~ ~ ~

Press clipping, c. 16 Oct 1873 ⁵

MUDGEE CIRCUIT COURT.
THURSDAY, OCTOBER 16 [1873]
Before his Honor, Mr Justice Hargrave.

His Honor took his seat o the Bench at 10 o’clock.
The legal gentlemen in attendance were:– S Belifante, D Buchanan, GM Dunn, E Clarke, R Johnson, and LOD James Esqrs.
RM Isaacs, Esq prosecuted for the Crown.
Mr Jackson, first clerk of the Crown Law Office, assisted the learned Crown Prosecutor.
The usual proclamation against vice and immorality was read by the Judge’s Associate (Mr Frederick McArthur).
Geo Warburton, Esq., PM., and the Hon GH Cox, RHD White, and CB Lowe, Esqrs., took their seats on the Bench on either side of his Honor.

UNNATURAL OFFENCE

Ah Moy was indicted for having, at Gulgong, on the 23rd July, committed an unnatural offence upon one Henry Miller.
Prisoner pleaded not guilty.
Mr Buchanan appeared for the prisoner.
The Crown Prosecutor [Mr RM Isaacs] said he would not now proceed with the trial of prisoner, as there was no interpreter present.

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook ⁶

3

[1st Trial – Mudgee, Thursday 16 October 1873]

Q v. Ah Moy 

pleaded not guilty 

    The prisoner not able to speak to understand English & no interpreter present. Mr [RM] Isaacs declined to proceed.

23

[1st Trial – Mudgee, Saturday 18 October 1873]

Queen v Ah May – attempt to commit sodomy on Henry Miller on 23rd of July at Gulgong.

    Sergeant John O’Donnell. Gulgong. Know prisoner, he resides in Herbert Street, G[ulgong]. On 13th September I went there & mentioned the charge – What boy? – a boy up at Hall’s. Me no see him at all. I sent for the boy. 3 other C[hinamen ?] present. Boy pointed prisoner out – I said to prisoner again charged – Prisoner denied – I said to the boy, Is that true – the boy said “It’s a lie”. 

    No sworn information in this case – The boy gave evidence & other parties.

24

    (2) Henry Miller. Lives at Gulgong. Lives with Mr Hall, apprentice. 14 last September 21st – Hall bootmaker. Knows prisoner. Saw him in July last at his own place near master’s, 200 or 300 yards – 20th or 21st – a Sunday. Wesleyan Tea Meeting next day – I was going past prisoner’s home & saw oranges & went in to buy. Too dear. Prisoner gave me some lollies, between 2 & 3 o’clock. He asked me to go for a walk. I said no, I was going to Sunday School. Prisoner came after me. He gave me 2/6 & asked me to come down to his place that night. I said I could not – on to Church. He then said some night next week. I had no idea what for – I went on the Wednesday – & we went up back of Mr Hall’s garden. He asked me “to give him a bit”. I said bit of what & he pulled out his [not described what] & shewed it to me & I said I would not – We went up the town. I said did not want the (lollies ?). He gave me a shilling – & we went to next door of Hall’s. Prisoner followed me down – to back of Temperance Hall. He pulled down my clothes & his back was against the fence. I was in front of him, back towards him. He turned me round. I did not see anything before my back was turned. I felt his person against me – his person felt stiffish but did not enter my body – I felt his person behind me. His private parts touched me – a few minutes, about 3. I pulled up my trowsers & went away – I did not mention this to Mr Hall nor to police.

    Cross-examined Buchanan. That is the person (no ?) seen prisoner long time ago. Bid him good day before that time, never stopped to converse with him till that time. Other of his countrymen. One behind counter & prisoner there – other at the middle door. Gave the lollies in presence & people would go there too – they could hear. I went to the Sunday School.

25

I went to Vandyke’s on my road to Sunday School. I think he owns part of the shop. He does not serve behind the counter. I went to buy oranges from one of his (countrymen ?), the Ch[inaman] behind the counter. Only seen prisoner there 2 or 3 times. Vandyke’s is a general workman. I was in front & prisoner beckoned to me & there he gave me 2/6. I did not ask what for. He said come down to my place I want to see you – I did not go that night. I saw him next on following Wednesday – I saw him there & other countrymen, 2 or three. 2 at least – He then went out of doors & I went to back of Hall’s garden, to the fence. Hall could not see us. I resisted when he tried to pull down my trowsers. I tried to get away but did not succeed – I did not see his private parts but felt them. In three minutes I got away – he had (given ?) me a (1/- ?). I went home. Next saw the chinaman on following Saturday when he said “How did I do?” I said quite well. He called me to back of Ryan’s stable – He gave me (another ?) 2/6 after the attempt – He tried to enter me, & I did not resist – I saw him again. He has given me money – (on ?) (?) in Hall’s shop – did not do anything, but beckoned me to go to his shop, & I did go, & the same took place again – with my consent behind Hunter’s House not far from where before. I met him in the street. He asked me to come round of back & he would give me money. I said no I had enough money – did not consent to it but I went – again took down trowsers. I went away pretty smart when he had (come ?) – not again for several days – I tried to resist but did not run away at first – to get away from him to my home. 8 or 9 days after by some walls. He wanted to know (where ?) I ran away – we went together a 4th time, money.

26

I did not consent to what he wanted to do but I went with him – I met him a 5th time in his home. I went there to his house – the last time. I had no money & he had said he would give me some. He called me to the cow shed. No neck tie. He threw me on the bed – prisoner took my trowsers down. I tried to keep my trowsers down up. I tried to get out – “You are hurting me” did not shout – I got 3/- before I went into the shed. I saw him often again but not to his place. I spoke to him again at my place. He bid me good day. I told him the policeman had been down to see about it. I had shown Mr Hall what money I had, flashing & showing how much money I had. Mr Hall said you’ll cut a fine dash – He asked me where I got the money, 2 or 3 times – I told him it was given to me. He asked by whom. I said by a friend of mine. He said he must be my very good friend to me – This two or three times. I told him “that’s the way to get money”, 3/- or 4/- or 1/- or 2/-. On one occasion I told him Prendergast had. That was a lie. I gave Hall 4/6 towards a pair of boots. He knew afterwards where I got the money. I told my fellow apprentice & gave him part of the money & what (fool ?) – from the very first. I told to Mr Hall afterwards. Hall said foolish – Johnson a one legged man knew of all this but not from me. Hall said I must have been foolish to go with a chinaman. He afterwards 2 or 3 days showed me how wrong it was – the crime – after he knew all about it. The policeman came down & questioned me. I said from Prendergast – 2nd lie only one more lie. Hall present when police came (but ?) Hall not know the (?) chinaman. Police not for 3 weeks after – a month. Sergeant O’Donnell & Keane. I told them all & they arrested the chinaman. Hall present.

27

25th September went to identify prisoner & did.

    Re-examined. I resisted & tried to get my trowsers up again so that he could not do anything – so that he could not enter me.

    JFH All that I have been swearing in the box is perfectly true.

    (3) [John Thomas] Martin. Saw Miller & chinaman. Remember Wesleyan Tea Meeting. Saw him a week after then with prisoner at his own place. I did not see them going together 2 or 3 weeks after that – did not see Miller with money before but he had afterwards. Saw prisoner & Miller together several times. I spoke to Miller about being with the chinaman. Miller told me he got it off the prisoner. Heard prisoner tell Miller to come down to his place at night. I am sure it was the prisoner with the Miller.

    Cross-examined Buchanan. Miller & I only apprentices to Hall. Miller told me that from the first – & getting money for it. I did nothing just then. But 4 or 5 weeks before I told it I knew it, I first told to Hall & he told police. Prisoner arrested. Hall had asked me how the boy was getting the money. Miller gave me money.

    (4) James Hall. Bootmaker, Gulgong. Miller an apprentice & Martin. Prisoner lives 80 yards from my place. Noticed Miller had money about July, more that I knew or enquired he had a right to. I am not aware I lost money.

    Cross-examined. Sometimes he kept shop but never took money, only Martin – from my (tin lizzie ?) lollie, & showing money to me. I asked him. He first said he had money planted in (?). He said do you see that – & showed me money in different forms (?) ⁷ never told me the name at first – then “Prendergast”. First heard in September – beginning. Martin told me about the 4th or 10th September. It was 4 or 5 weeks before Martin told me I had (pointed ?) to police that Miller was getting money. First I thought robbery – I explained to police how Miller had been getting ⁸ pol: there (?) place – 2 or 3 weeks. I did know about it before police called when Miller acknowledged. ⁹ Then took Miller down & chinaman was arrested.

    Cross-examined. Miller not present when Martin told me. I did not apply for “Prendergast” – I doubted what he said about “Prendergast”.

28

Miller’s evidence

“unfortunate man”

“young rascal”

“evidence of accomplice. Miller though under 14 was an accomplice.”

    Isaacs. Martin connected Miller with going there to the chinaman.

Martin the degraded lad who took part of the money said to be ¹⁰

  ¹¹ Miller’s evidence as an accomplice in fact. See whether credible or not.

Jury retired at 1.10.

Came into court ¹²

~ ~ ~ ~ ~

    JFH [Justice JF Hargrave]

(1) Ah May just like any other citizen. Keeps an orange shop frequented by boys for O Hollis &c.

(2) Miller swears (?) to the offence charged. Martin swears to Miller’s being at the prisoner’s shop but nothing more & having money as stated.

  JFH The simplest way to look at this case is as to Miller’s evidence alone, & not to waste your time over the clear but nice distinctions of law as to Acc [Accounts ?] & what are material facts in each case. I should advise you to (?) in the (analogy ?) (viz ?) cases of Rape – different persons (1) Bill Smith was there (2) Tom Jones was also there – & this chief witness –

1st swears himself to be a definite 4 liar

2nd proved by Hall different.

Try it exactly as a “rape” on such evidence.

Prisoner benefit of every doubt on any part of evidence.

~ ~ ~ ~ ~

[Envelope and letter found at p. 24 of Hargrave’s notebook. Following is a note on the envelope addressed to Mr Justice Hargrave’s letter below.]

    A nice letter this, for a Barrister to write & send up to a Judge after the decision; & while the (case ? cause ?) was going on – The rule is quite clear (Taylor) – & (Sir ?) WMM egregiously wrong. JFH 18/10/73.

WM Manning

[Following letter enclosed in the above envelope.]

    Will you forgive my expressing a doubt, as (?) ¹³ (curiae ?), of your ruling as to Buchanan’s question to the sergeant – I am afraid that in case of conviction, it might put the sentence in jeopardy – My impression is that the Counsel may ask the question, but that it is the privilege of the police officer to decline answering, if he thinks fit – and that to this end the judge should not interpose advice to the policeman as to his not being able to disclose the name of his informant. This is, I fancy, the proper course in ordinary cases. But in this particular case, I doubt whether the policeman can be (instructed ?) to refuse answering as to whether the boy gave the information, because that fact may touch a special issue, namely whether the boy was consentient, so as to affect his legal credibility.

    You will readily see that if the boy gave information, it tends to negative consent, just as in the case of rape, enquiry is allowed as to whether the woman made complaint as soon as she could.

~ ~ ~ ~ ~

Press clipping, c. 16 Oct 1873 ¹⁴

UNNATURAL OFFENCE

    Ah Moy was indicted for having, at Gulgong, on the 23rd July, committed an unnatral offence upon one Henry Miller.
    Prisoner pleaded not guilty.
    Mr Buchanan appeared for the prisoner.
    The Crown Prosecutor [Mr RM Isaacs] said he would not now proceed with the trial of prisoner, as there was no interpreter present.

~ ~ ~ ~ ~

Press clipping, c. 18 Oct 1873 ¹⁵

SATURDAY, OCTOBER 18

    His Honor took his seat on the Bench at half-past 9 o’clock.

UNNATURAL OFFENCE.

Ah Moy was indicted for having, at Gulgong, on the 23rd July, committed an unnatural offence upon one Henry Miller.
Prisoner pleaded not guilty. 
Mr Buchanan appeared for the prisoner.
A chinese interpreter was sworn in to interpret the evidence in the case.

The Crown Prosecutor stated the case to the jury.

    Senior-sergeant [John] O’Donnell deposed: I am stationed at Gulgong and know the prisoner, who resides in Herbert-street, Gulgong. I went to his place on the 13th September last. I told him the charge, and he asked me what boy I meant. I told him a boy of Hall’s, and he said “Me no see him at all.” I also charged him with the offence a second time in the presence of the boy and three other chinamen, when he again denied it.

    To Mr Buchanan: There was no information exhibited when the case came on at the Police Court. I gave evidence there, as also did the boy and his master.

    Henry Miller deposed: I live at Gulgong, with Mr Hall. I was 14 years of age last September. I know the prisoner, and saw him in the month of July last at his place. I think it was about the 20th of that month. I met him at his own house. I was going past prisoner’s house and wanted to by [sic] some oranges. They were too dear, and I would not buy them. He then gave me some lollies and I was talking to him for about a quarter of an hour. He called me to go for a walk, and I told him I was going to Sunday school. He gave me 2s 6d, and told me to come down to his house. I told him I could not do so, and he told me to come down some other night. I had no idea what it was for, and I came down the following Wednesday. (Witness here deposed to certain overtures being made to him, which he declined, and also proved the attempt to commit the offence with which prisoner was charged some little time afterwards, stating that the prisoner was not successful in his purpose on the first occasion). I did not tell Mr Hall what had occurred. I did not go to the police. I have no doubt prisoner is th prisoner.

    To Mr Buchanan: I have known the prisoner some time. The time I first conversed with him was when I went in for the oranges. There was some of his countrymen present at the time. When I told him I was going for a walk he said he would come with me. He said this in the presence of the others. I have seen the prisoner in the shop frequently. I believe he has something to do with it. I did not ask him for the oranges, but the man behind the counter. Prisoner gave me 2s 6d, and I took it. He asked me to come down to his place at night. I cane down afterwards, and saw him and some others of his countrymen. That was on a Wednesday night. He went out the back door, and beckoned me to come, and I did so. What I have described occurred afterwards, on the Wednesday night. I endeavoured to resist him, but did not succeed. I went home then. I saw prisoner afterwards, and he asked me how I was getting on. He then asked me to go behind Ryan’s stable, and again attempted the same offence. He gave me 2s 6d afterwards, and I took it. He tried the same thing several times afterwards, and sometimes I resisted and sometimes I did not. He generally gave me some money, and I took it. (The learned counsel continued his cross-examination at great length, but without eliciting anything bearing upon the main facts of the case.)

    To his Honor: I know I am on oath, and all I have sworn is true.

    John Thomas Martin deposed: I am an apprentice of Mr Hall’s in Gulgong. Henry Miller is also an apprentice. I know the prisoner, and saw him in company with Miller. I remember a Wesleyan tea-meeting taking place in Gulgong. Prisoner and the boy were together about a week after that, at the prisoner’s place. I saw them again together about three weeks after that. I afterwards saw Miller with money. I saw Miller and prisoner together several times, and spoke to Miller about ir. He told me he got money from the prisoner. I heard prisoner tell Miller to come down to his place. I went to prisoner’s place with Miller. I am quite certain the prisoner is the chinaman I saw Miller with.

    To Mr Buchanan: It is true that Miller told me the chinaman was committing a beastly crime with him. It was about four or five weeks afterwards I told Hall about it. Hall told the police soon afterwards, I believe. Hall asked me several times to tell him how the boy was getting the money, I did not do so for four or five weeks after the offence first occurred. Miller gave me some of the money.

    James Hall deposed: I am a bootmaker at Gulgong. The boys Miller and Martin are apprentices of mine. I know the prisoner. I noticed that Miller had more money than he ought to have. I did not lose any money.

    To Mr Buchanan: I asked the boy several times where he got the money. He said he had some “planted” that a friend on the Black Lead gave to him. I think it was early in September that I first heard of the transactions with the chinaman. Martin told me about ir. I told the police Miller had money that I believed he gold [sic] hold of wrongly. Sergeant O’Donnell sometime afterwards asked me did I find out how Miller got the money. The Sergeant came down and questioned Miller, but he would not acknowledge it. The second time the police came I believe Miller told them about it.

    This was the case for the Crown.

    Mr Buchanan addressed the jury for the defence, and said the boy Miller was a lying vagabond, and that if there were many such persons in the country it must be buried in a sink of iniquity from which the very soul would shrink in horror. He contended that it would be a dangerous thing for the liberties of the people of this country if a conviction were recorded upon such evidence as the prisoner’s. He ridiculed the whole story of the boy Miller, and said there was no evidence against the prisoner apart from his (Miller’s) statement, whom he characterised as “lying scoundrel and an infamous vagabond,” who flashed the proceeds of his iniquity before his master’s very eyes. The learned counsel quoted from the law to show that but little credibility should be attached to the evidence of Miller, who, he asserted, was an accomplice of the prisoner, and was not corrobrated [sic] by other witnesses.

    The Crown Prosecutor replied in a forcible speech, putting the facts of the case the evidence in a clear light, and contending that the testimony of Miller was truthful and perfectly consistent from beginning to end.

    His Honor summed up the case.

    The jury retired to consider their verdict, and after being locked up till 9 o’clock on Saturday nigh without agreeing, they were discharged.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Tue 21 Oct 1873 ¹⁶

MUDGEE CIRCUIT COURT.
————
(Abridged from the Western Post.)
————
THURSDAY, OCTOBER 16.
(Before his Honor Mr Justice Hargrave. The Crown Prosecutor was Mr RM Isaacs.)

…
    The trial of Ah Moy, for an unnatural offence, was not proceeded with in the absence of an interpreter.

~ ~ ~ ~ ~

Empire, Wed 22 Oct 1873 ¹⁷

MUDGEE.

Tuesday, 5.13 pm.

    At the Mudgee Circuit Court to-day, Ah Moy, a Chinaman, was tried for an unnatural offence, which was said by the evidence to have been committed five times. The jury was discharged as they could not agree. Mr Buchanan defended the prisoner.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Sat 25 Oct 1873 ¹⁸

TELEGRAPHIC INTELLIGENCE.
————
(From the “Herald’s” Associated Press Telegrams, and from
other Sydney papers.)
————

…

MUDGEE.

Tuesday, 5.13 pm.

    (Evening News.)—At the Mudgee Circuit Court, to-day, Ah Moy, a Chinaman, was tried for an unmentionable offence, which was by the evidence to have been committed five times. The jury were discharged as they could not agree. Mr Buchanan defended the prisoner. Connolly Cheetham and an aboriginal, charged with cattle-stealing, were found not guilty. Messrs Buchanan, Pilcher, and Belinfante defended the accused.

~ ~ ~ ~ ~

Justice P Faucett’s Notebook ¹⁹

60

[2nd Trial – 18th April 1874]

 

Queen	Attempt to commit (? – clearly, sodomy)
v.	Gulgong 23 July last
Ah May	Henry Miller

 

Isaacs for Crown 
Pilcher for Prisoner

    John O’Donnell examined by Isaacs. Senior Sergeant at Gulgong. I know prisoner. I received some information and arrested him in September – on Saturday 23 September. I arrested him in his residence at Gulgong. I said I arrested him on a charge of having had connexion with a boy. He said what boy. I said a boy at Hall’s. He said me know nothing about it. I sent for the boy and asked him to point out the man. He said that is the man with the white hat – prisoner had a white hat. There were two or three chinamen there. I was taking him to the lock-up and charged him with the offence. He said me know nothing about it. I asked the boy is that the truth. He said it was not.

    Cross-examined by Pilcher. Prisoner lived in Gulgong. On receiving information I went and did what I have told. Henry Miller is the boy’s name. Up to this time I knew nothing about the boy. He was apprenticed to a shoemaker. Of my (sure ?) knowledge I don’t know anything against him – I have seen him. He seems to be a boy of about 13-14 years of age.

    Henry Miller examined by Isaacs. 14 years old on 21st September last. I was then bootmaking – and in July – with Mr Hall of Herbert St Gulgong. I know prisoner. I saw him in July at his own place – on a Sunday the 20th of July. I went into his house to buy some oranges – I did not buy any. Prisoner did not do anything. He gave me some lollies. That was about 2 or 2½ o’clock. He asked me where I was going. I said to a Sunday School.

61

He said he would go with me for a walk. I told him I did not want him & was going to school.

    He gave me 2/6 and told me to come down on Sunday night. I told him I could not as I was going to Sunday School. I saw him next on Wednesday night. He went to the door and beckoned to me to come out. I came out. We went up to the Temperance Hall – about 20 yards from the street – I forget whether it was dark. It is so long now that I forget. A back street – where anybody could come. There was a fence. He went to the fence with me. He asked me to give him a bit. At first I did not know what he meant. He pulled out his person. I told him I would not. We then went up the town – and (waited ?) to buy (him ?) a suit of clothes. We then went back to the fence. He pulled down my trousers – and put his person (into ?( (?). I felt his person. He did not enter. We remained there not long – about 5 minutes. I think this was a Wednesday – the 23rd. I did not tell anything about it. Mr Hall found it out. I had a good deal of money about that time.

    Cross-examined by Pilcher. I live with Mr Hall. He (finds ?) me in every thing. I am apprenticed to shoemaking.

    This took place the first Wednesday after Sunday 20 July. I pulled up my trousers and made no resistance. I objected to it. I did not after. He gave me 2/6 after I had done it. I did not object to his doing the same again. I remember being examined at last Assizes when prisoner was on his Trial.

    I have not told all I know about the case. I think I then made other statements in addition to what I made today. I went down there again – by myself. I did not know what he was going to do. I did not go several times by appointment. I won’t swear that I did not say the last time that I went down five times.

62

The first time – Sunday – I went of my own accord. The next time – Wednesday – he told me to go. I would not be sure that I went on the following Saturday. I don’t know that I swore last time that I went on the Thursday of next week. It was about a week after the Wednesday that I went for the last time. It must have been six weeks. I often went down to his place – sometimes to buy things – sometimes for this purpose – about 2 or 3 times – only 2 occasions, either 2 or 3. I went down for the sake of money. I spoke to [John Thomas] Martin about it. Martin and I knew all about it – from the first – from the Sunday – I told him I had been (met ?) with the chinaman. I could not be sure that I told him on the Wednesday night. At all events I told him very shortly after. I never complained until some one spoke of it. It was in consequence of having more money than I ought to have that it was found out. It was then I first said anything about prisoner to anyone but Martin. If I have said that he did it more than 3 times it is not true. It is true that he attempted to do it 5 times.

    By Isaacs. Three times at his own place by appointment – twice at other places. One occasion was next to his place – his hay & corn store. I knew at the last occasion what he was going to do. I won’t say I knew the first time – nor the third time exactly. The fourth time I knew when we came to the place where it was done. On that occasion I ran away. I am pretty well sure I said at last Trial something about running away.

    By Isaacs. 5 times. I mentioned to Mr (Carter ?) the Minister after Mr Hall spoke to me.

    John Thomas Martin examined by Isaacs. I know Miller. I did not go with him on Sunday 20 July last year.

63

    I remember (being ?) at the Wesleyan Tea Meeting (& ?) 2 or 3 weeks after that I went to prisoner’s place. I saw prisoner and Miller talking together. We remained all together until Miller and I went home. They did not go out of my sight. There are 2 or 3 rooms in prisoner’s place. While I was there we all remained in the same room.

Deposition –

    Prisoner and Miller went somewhere and remained away about 20 minutes. When Miller came back he showed me some money. I don’t think he had any money before. He had not shown me any. I saw them together on several occasions – at prisoner’s and in the street. I heard the chinaman speaking to Mr Hall. I heard prisoner tell the boy to come down tonight to see him. I think it was in August I first saw prisoner with Miller. I had not seen the boy with money previously to the Wesleyan Tea Meeting.

    Cross-examined by Pilcher. The Wesleyan Meeting was on Monday 21st July. I remember the Wednesday after. I don’t remember Miller telling me anything that night or next day. I don’t think he told me anything about the chinaman. I never told any one of his having told me that night or next day.

    By Isaacs. Before the Wesleyan Meeting I never saw the boy having so much money as afterwards – only a little he used to get from his parents.

    James Hall examined by Isaacs. Bootmaker at Herbert St Gulgong. Miller and Martin are apprentices of mine. My attention was called to Miller about September last. I noticed him with money, more than I believed he ought to have – nothing else but

64

he used to buy some sweets. I used to let the boy out for an hour after he had done his work. He was anxious to get away. I saw that some time in July. When he came back I asked him had he any money. He said he had – had got it from a (plant ?). Sometimes he was out ½ hour after his tea. After the Tea Meeting. I allowed him sometimes ½ an hour – sometimes an hour. I would not allow both to go out together. Having money – I watched him one night and saw him going into prisoner’s shop. He seemed to come out very (sly ?). Same chinaman. After that I gave information to the Police.

    Cross-examined by Pilcher. When examined before I did not mention about seeing him going into the chinaman’s place. I can’t say that I mentioned his being anxious to get away before this time. I have mentioned that before today. Miller lived at my house. His having money excited my suspicions. When he was asked about having money he then spoke first of the chinaman. ½ an hour was the time generally allowed. I suggested to the Police the (propriety ?) of making enquiries.

    Henry Miller – Recalled.

    By Juror. On first occasion I did not know the nature of what he wanted. On second occasion I did not know exactly.

    By Pilcher. I said that on Wednesday I went and after – he gave me 2/6. The second time I did not know exactly – nor the third.

    Pilcher to Jury. That boy stole his Master’s money.

    Isaacs. Law – Corroborate – Being seen with boy – money – Denied to Policeman that he knew the boy.

    Mr Hall. 

    By Jury. Boy has been 2 years in my care. Up to this case found him truthful. Never lost any money – nor suspected him.

Verdict Guilty. 

Sentence, 2 years with Hard Labour in Darlinghurst Gaol.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Sat 25 Apr 1874 ²⁰

MUDGEE CIRCUIT COURT.
————
(Abridged from the Mudgee Times.)
FRIDAY, APRIL 17.

…
    Ah Mey,[sic], for commission of an abominable offence at Gulgong, in July last, was sentenced to two years, with hard labour, in Bathurst gaol. The place was afterwards altered to Darlinghurst, where there is a Chinese interpreter.

~ ~ ~ ~ ~

Ah Moy, Gaol photo sheet ²¹

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Gaol Photo Sheet - Transcribed Details

Page No. 150

No. 1017
Number on Gaol Register: 1998/74

Portrait taken: 12 May 1874

Name: Ah Moy

Native place: Canton (china) Year of birth: 1833 Arrived        Ship: Ship Unknown  in Colony }   Year: 1858 Trade or occupation previous to conviction  } Storekeeper Religion: Pagan Education, degree of: Nil Colour of hair:  Colour of eyes:  Height: 5' 6¼" Weight     On committal: 124 lbs in lbs     }  On discharge:

Special Marks: Front tooth right side of upper jaw deficient. Back of right hand bruised. Bruise on right shin and knee cap, and two bruises on left shin. General Description:   Remarks:

(Previous Number ... )  PRISON HISTORY
Where and When				Offence.	Sentence
Mudgee Circuit Court Sentence remitted	17 16	8 2	1874 1876	Attempt sodomy	2 years (?)

 

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1   Empire, Sat 12 Apr 1873, p. 4. Emphasis added.

2   Empire, Fri 26 Sep 1873, p. 2.

3   Australian Town and Country Journal, Sat 27 Sep 1873, p. 388. Emphasis added.

4   SRNSW: NRS880, [9/6569], Supreme Court, Criminal Jurisdiction, Depositions, Mudgee, Oct 1873. Emphasis added.

⁵   This press clipping found in Judge Hargrave’s notebook.

⁶   SRNSW: NRS6034, [2/4494], Judiciary, JF Hargrave, J. Notebooks Circuit Courts, 1865-81, pp. 3, 23-8. Emphasis added.

⁷   Following line(s) possibly lost in photocopying original.

⁸   Following passage quite obscure.

⁹   Following line(s) possibly lost in photocopying original.

¹⁰  Sentence not completed.

¹¹  Mn: Buchanan  for defence. (1) Sergeant O’Donnell. (2) Miller – swears to all the facts but also swears that he deliberately told 4 lies. (3) Martin – told by Miller of the whole circumstances. (4) James Hall – had money more than he ought (Planted ?) from Black lead & “Prendergast”.

¹²  Sentence not completed.

¹³  Certain words, some which I have supplied in italics, are missing at the edge of the photocopy.

¹⁴  Press clipping  found in Judge Hargrave’s notebook.

¹⁵  Press clipping found in Judge Hargrave’s notebook. Emphasis added.

¹⁶  The Maitland Mercury and Hunter River General Advertiser, Tue 21 Oct 1873, p. 2.

¹⁷  Empire, Wed 22 Oct 1873, p. 2.

¹⁸  The Maitland Mercury and Hunter River General Advertiser, Sat 25 Oct 1873, p. 3. Emphasis added.

¹⁹  SRNSW: NRS5927, [2/3917] , Judiciary, P Faucett, J. Notebooks Circuit Courts, 1866-87, pp. 60-4. Emphasis added.

²⁰  The Maitland Mercury and Hunter River General Advertiser, Sat 25 Apr 1874, p. 5.

²¹  SRNSW: NRS2138, [3/14031] , Darlinghurst Gaol photographic description book, Nov 1873-Dec 1874, No. 1017, p. 150, R5098.

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