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1918, Guiseppe Bortz - Unfit For Publication
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Below also see: Alfred Stephen Bayliss 1918 – Suicide
Alfred Stephen Bayliss, 1907
Henry Baylis, 1826-1905 – Father, magistrate

 

The Sydney Morning Herald, Sat 29 Jun 1918 1

LAW NOTICES.
———
Monday, July 1.
———

QUARTER SESSIONS.

    Charles Henry Thomas and Edward Joseph Barry, garroting; Joseph Manning, malicious damaging property; Guiseppe Bortz, misconduct.

    Notice.—The Court will not sit until 11 am. Jurors, witnesses, and other parties concerned will not be required to attend until that hour. Witnesses other than those engaged in the above-mentioned cases will not be required to attend on Monday.

~ ~ ~ ~ ~

The Daily Telegraph, Tue 2 Jul 1918 2

CRIMINAL.
———


    Before Judge Scholes and a jury at the Sydney Quarter Sessions.

    Guiseppe Bortz, a Maltese, was convicted on a charge of attempted misconduct, and was sentenced to two years’ imprisonment in Grafton Gaol.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 2 Jul 1918 3

QUARTER SESSIONS.
(Before Judge Scholes.)

    Mr Dawson, Crown Prosecutor.

    Guiseppe Bortz, a Maltese, who was found guilty of gross misconduct, [sodomy, on Alfred Stephen Bayliss—the latter since deceased, having committed suicide, at Sydney, on 1 June 1918], was sentenced to two years’ imprisonment, with hard labour, in Grafton Gaol.

~ ~ ~ ~ ~


Guiseppe Bortz, Foreigners photo sheet 4

SRNSW: NRS1933, [3/6032], Foreigners photographic description book, No. 3225, p. –.


Gaol Photo Sheet - 
Transcribed Details

No. 3225

Date when Portrait was taken: 12-6-1918

Name: Guiseppe Bortz

Native place: Malta

Year of birth: 15-12-1880

Arrived       Ship: Lindarra
in Colony }   Year: 1914

Trade or occupation
previous to conviction  } Fireman

Religion: RC

Education, degree of: R & W (?)

Height: 5' 4"

Weight     On committal: 128
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Brown

Marks or special features: Small scar centre forehead, mole left thumbMarks or special features: Eagle above ribbon with “AMERICA” there on back left hand. High cheek bones

(No. of previous Portrait .. See Court Book 16210)

CONVICTIONS

Where and When

Offence.

Sentence

Central PC
        exd

Sydney Q.S.

22
11

  1

4
6

7

1918
1918

1918

Not pay costs
 

Attempt to commit sodomy.

£1.3.6 or 7 days HL

2 years HL


~ ~ ~ ~ ~


Guiseppe Bortz, Gaol photo sheet 5

SRNSW: NRS2467, [3/6098], State Penitentiary photographic description book, 5 Mar 1918-2 Aug 1918, No. 16210, p. –.


Gaol Photo Sheet - 
Transcribed Details

No. 16210

Date when Portrait was taken: 2-7-1918

Name: Guiseppe Bortz

Native place: Malta

Year of birth: 15-12-1880

Arrived       Ship: Lindarra
in Colony }   Year: 1914

Trade or occupation
previous to conviction  } Fireman

Religion: R. C.

Education, degree of: R & W (?)

Height: 5' 4"

Weight     On committal: 128
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Brown

Marks or special features: Eagle above ribbon with “AMERICA.” there on back left hand high cheek bones

(No. of previous Portrait .. 3225 Foreigners)

CONVICTIONS

Where and When

Offence.

Sentence

Central PC
        exd

Sydney Q.S.

22
11

  1

4
6

7

1918
1918

1918

Not pay costs
 

Attempt to commit sodomy.

23/6 or 7 days HL

2 years H.L.

 



Alfred Stephen Bayliss
, 1918


Newcastle Morning Herald and Miners’ Advocate, Mon 3 Jun 1918 
6

CURRENT NEWS.
———◦———


    The body of Alfred Stephen Bayliss, 47 years of age, a native of Wagga, employed in the Sydney branch of the Commercial Bank, was found by Edward Burnham in Church-street, Randwick. Alongside the body lay a revolver, containing five live cartridges and one shell. The discharged bullet had entered Bayliss’ head. He was dressed in night attire. It is stated that the deceased had suffered from insomnia rheumatism.

~ ~ ~ ~ ~

The Daily Advertiser, Mon 3 Jun 1918 7

DEATH OF MR AS BAYLIS [sic]
————

Sydney, Sunday.

Commercial Bank, Sydney, c. 1880s. Image: NSW State Library collection. Reproduction: Peter de Waal
Commercial Bank, Sydney, c. 1880s.
Image: NSW State Library collection. Reproduction: Peter de Waal

    Alfred Stephen Baylis, aged 47, a native of Wagga, and on the head office staff of the Commercial Banking Co of Sydney, was found lying dead to-day by Edward Burnham, at “Coronia,” Church-street, Randwick. There was a bullet wound in Mr Baylis’ head. He was dressed in night attire, having on only pyjamas, overcoat and slippers.

    Deceased suffered for years from insomnia, the result of frequent attacks of acute rheumatism. A couple of months ago he was relieving the manager of the bank at Coolamon, and whilst there had a severe attack, by which he was prostrated for several days. Theses attacked had gradually worn down an otherwise robust constitution.

    (Mr AS Baylis was a brother of Mr JJ Baylis, of “Goonigal,: Wagga for whom the greatest sympathy will be felt in the sequence of trouble which has overtaken his family in the past few months—this being the third brother who has died in that time.)

~ ~ ~ ~ ~

Singleton Argus, Tue 4 Jun 1918 8

Alfred Stephen Baylis, n.d. Source: My heritage family tree. Reproduction: Peter de Waal
Alfred Stephen Baylis, n.d.
Source: My heritage family tree.
Reproduction: Peter de Waal

GLEANINGS
———◦———


    The body of Alfred Stephen Bayliss, 47 years of age, a native of Wagga, employed in the Sydney branch of the Commercial Bank, was found in Church-street, Randwick, with a bullet wound in the head. Alongside the body lay a revolver, containing five live cartridges and one shell. He was dressed in night attire. It is stated deceased had suffered from insomnia and rheumatism.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 4 Jun 1918 9

CASUALTIES.
———◦———


    Alfred Stephen Bayliss, a bank official of Wagga Wagga, was found dead, with a bullet wound in the head, on a vacant allotment off Susan-street, Randwick. A revolved was found close by.

~ ~ ~ ~ ~

The Maitland Weekly Mercury, Sat 8 Jun 1918 10

NEWS OF THE WEEK
———◦———
NEW SOUTH WALES.


    The body of Alfred Stephen Bayliss, 47 years of age, a native of Wagga, employed in the Sydney Branch of the Commercial Bank, was found by Edward Burnham in Church-street, Randwick. Alongside the body lay a revolver, containing five live cartridges and one shell. The discharged bullet had entered Bayliss’ head. He was dressed in night attire. It is stated that the deceased had suffered from insomnia and rheumatism.

~ ~ ~ ~ ~

NSW Birth Register

Registration Number

Family Name

Given Name(s)

Father’s Given Name(s)

Mother’s Given Name(s)

District

 18073/1870
 [born 15 July 1870]

 Baylis

 Alfred Stephen

 Henry

 Sybella
 [Baylis–nee Murray]

 Wagga Wagga

~ ~ ~ ~ ~

NSW Death Register

Registration Number

Family Name

Given Name(s)

Father’s Given Name(s)

Mother’s Given Name(s)

District

 6743/1918

 Baylis

 Alfred S[tephen]

 Henry

 Sybella

 Randwick

 



Alfred Stephen Bayliss
, 1907


Cowra Free Press, Thu 7 Mar 1907
11

POLICE COURT.
————
Monday.
———
Before the Police Magistrate.

———
Wednesday.
———
Before the Police Magistrate.

    Alfred Stephens [sic] Bayliss appeared charged with assaulting and robbing a Chinaman named Hang Suey on the preceding night at Cowra.

    Mr Gilcreest for the accused.

    Senior-Sergeant Ritchie deposed in consequence of a complaint made to him on the previous night he went to the railway station at about 10 to 12 accompanied by Hang Suey; saw the accused there on the platform, also Constables Ffrench and Rowe; bade the accused “Good night,” and he returned the salutation; witness said to Hang Suey, who was outside the fence, “Come along,” and as he was passing through the gate where the accused was standing, the accused said “I know what’s up;” witness asked him what he meant and he replied “That Chinaman attempted to blackmail me to-night;” witness asked him if he was at the Chinaman’s shop that night and he said “Yes, I went there to buy some apples, and while there the Chinaman said “I have a good woman in the back room. You come in.” I went in, and upon doing so he attacked me with a knife and demanded £20 from me. See where he cut me,” pointing to a cut on the back of his hand; asked him what direction he took after leaving the shop, to which he replied “Up the street to Links’ hotel;” asked him which side, and he responded “Mrs Ryan’s side.” The same side as Links’. I walked up by Murray’s Hall and then crossed over,” took the accused into the station master’s office and searched him; found no money or handkerchief corresponding with what the Chinaman alleged he had lost; after taking the accused off the premises witness charged him with assaulting Hang Suey and robbing him of 21 sovereigns and a £1 banknote, he made no reply; then arrested him and brought him to the lockup.

    Mr Gilcreest said he had been informed by Sen Sergt Ritchie that he could not proceed any further with the case till the afternoon, and he (Mr Gilcreest) regretted this, as his client was quite prepared to establish his innocence straight away. He hoped the Bench would deal with the case at once.

    Sen Sergt Ritchie said as a number of witnesses were in attendance in connection with another case which had been partially dealt with he could not possibly go on with the case till the afternoon.

    The accused was then remanded till 2 pm. Bail allowed, accused in £20 and one surety £20.

————

    Alfred Stephens [sic] Bayliss, on remand.

    Hang Suey was about to be sworn when the Police Magistrate said he wished to be satisfied regarding the conscientiousness of the interpreter, Ling Sing. The latter admitted Hang Suey had told him something about the case, whereupon Mr Byrnes suggested the advisability of securing the services of a man to interpret who was not seized with the facts of the case.

    Sen-Sergt Ritchie said he would telegraph to Bathurst for one.

    The hearing of the case was then postponed till 10 am (this morning) Thursday. Same bail allowed.

~ ~ ~ ~ ~

Canowindra Star and Eugowra News, Fri 8 Mar 1907 12

COWRA POLICE COURT.
————

    A case of peculiar interest came before the Cowra Bench on Wednesday last when Alfred Stephens [sic] Baylis, a resident of Woodstock, appeared charged with assaulting and robbing a Chinaman named Hang Suey on the preceeding [sic] night at Cowra.

    Senior Sergeant Ritchie deposed that in consequence of a complaint made to him on the previous night he went to the railway station at about 10 to 12, accompanied by Hang Suey; saw the accused on the platform and bade him goodnight; he returned the salutation; witness said to Hang Suet who was outside the fence, “Come along,” and as he was passing through the gate where accused was standing, he said, “I know what’s up,” witness asked him what he meant and he replied “That Chinaman attempted to blackmail me tonight; witness asked him if he was at the Chinaman’s shop that night and he replied “Yes I went there to buy some apples, and whilst I was there the Chinaman said ‘I have a good woman in the back room. You come in.’ I went went [sic] in and upon doing se he attacked me with a knife and demanded £20 of me. See where he cut me” pointing to a cut on the back of his hand. Asked him what direction he took after leaving the shop, to which he replied “Up the street to Link’s hotel,” asked him which side and he responded “Mrs Ryan’s side, the same side as Links. I walked up by Murray’s hah [sic] and then crossed over.” Took accused into the station master’s office and there searched him. Found no money or handkerchief on him corresponding with what the Chinaman alleged he had lost; after taking accused off the premises witness charged him with assaulting Hang Suey and robbing him of 21 sovereigns and a £1 bank note, he made no reply; then arrested him and brought him to the lockup.

    The solicitor for the defence said he had been informed by Sen Sergt Ritchie that he could not proceed any further with the case until the afternoon. They regretted this as his client was quite prepared to establish his innocence straight away.

    Accused was then remanded till 2 pm, bail being allowed, self in £20 and one surety £20.

~ ~ ~ ~ ~

Cowra Guardian and Lachlan Agricultural Recorder, masthead. Reproduction: Peter de Waal
Cowra Guardian and Lachlan Agricultural Recorder, masthead. Reproduction: Peter de Waal

 
Cowra Guardian and Lachlan Agricultural Recorder, Sat 9 Mar 1907 13

POLICE COURT
———◦———
Wednesday, 6th Inst.
————
(Before Mr Byrnes, PM.)

    Alfred S Bayliss was charged with assaulting Hang Suey, and robbing him of 21 sovereigns and a £1 note.

Cowra railway station, c. 1900-1927. Image: NSW State Library collection. Reproduction: Peter de Waal
Cowra railway station, c. 1900-1927.
Image: NSW State Library collection. Reproduction: Peter de Waal

    Mr Gilcreest appeared for the accused.

    Senior-Sergeant Ritchie stated: In consequence of a complaint made to me last night I went to the Cowra Railway station about ten minutes to twelve o’clock, accompanied by a Chinaman named Hang Suey; saw accused on the platform; Constables Ffrench and Rowe were there; said to accused “Good night;” he replied “Good night;” called the Chinaman who was outside the fence; said “Come along;” when he came through the gate accused said “I know what’s up now;” said “What is it?” he replied “That Chinaman attempted to blackmail me to-night;” said “Were you at his shop to-night?” he replied, “Yes, I went there to get some apples; the Chinaman said “I’ve a good woman in the back room, you come in; I went in, he attacked me with a knife and demanded £20; see where he cut my hand;” (pointing to a fresh cut on his right hand, said “When you left the shop which way did you go?” he replied “Up the street to Links’ hotel;” said “Which side of the street did you go up?” he replied “Mrs Ryan’s side;” on referring to Constable Ffrench I was informed that there was no Mrs Ryan in the locality; said again to accused “When you left the Chinaman’s shop which side of the street did you go up to Links’?” he replied “The same side as the Chinaman’s shop up to Murray’s hall and crossed to the other side;” took accused into the station master’s office and searched him but found no money or handkerchief on him corresponding with that alleged to have been lost by the Chinaman; brought him off the railway premises, arrested and charged him with assaulting Hang Suey and robbing him of 20 sovereigns and a £1 note; cautioned him and he made no reply.

    Mr Gilcreest: I understand that the Sergeant did not intend to proceed with the case until this afternoon. However, we are prepared to go on now.

    Senior-Sergeant Ritchie: I am not prepared to go on. I have other witnesses.

    Mr Gilcreest: Mr Bayliss is here to clear himself straight away.

    PM: I hope so.

    Remanded till 2 pm, bail allowed, self in £20 and one surety of £20.

    On resuming.

    Senior-Sergeant Ritchie in cross-examination stated: I do not know Bayliss; last night was the first time I saw him; he answered the questions freely and voluntarily; I gave all the conversation.

    Hang Suey was called and entered the Court accompanied by another Chinaman who was to act as interpreter.

    After a consultation it was decided to wire to Bathurst for an interpreter, and the case was consequently postponed till 10 am the following day [Thursday]. The same bail being allowed.

Thursday, 7th INST.
————
(Before Mr Byrnes, PM.)

    Alfred S Bayliss was charged with assaulting Hang Suey, and robbing him of 21 sovereigns and a £1 note.

    Mr Gilcreest appeared for accused and Mr McLachlan to prosecute.

    Hang Suey (through an interpreter) stated: On Tuesday night about 10 o’clock I was in my shop with another Chinaman, Loo Chow; Loo Chow was there all the time; he is hard of hearing; there was no woman on the premises; someone knocked at the front door, I struck a match, lighted a candle and opened the door; a man said, “I want threepence worth of apples”; he said they were too green and I said I would look for better ones; while I was looking for better apples accused put his hand in my pocket and took out a handkerchief containing a £1 note, 6 half sovereigns and 18 sovereigns; he then went to go out of the shop but I would not let him and asked him for my money; he would not give it to me; I pulled out my pocket knife and when accused saw it he hit me on the right cheek, made the present mark, and knocked me senseless; when I came to my senses the man had gone and I went to look for a policeman; went to the police station and saw Senior-Sergeant Ritchie and Constable Ffrench; told them something, and went to the railway station with Senior-Sergeant Ritchie at about twelve o’clock; saw the Sergeant go up to the accused and speak to him; the Sergeant then called me up; have never received any of the money or the handkerchief back; did not say anything to the accused about a woman being in the room.

    To Mr Gilcreest: There was no light in my shop when I heard the knock; there was a flicker of a light in the back bedroom; it couldn’t be seen in the shop; did not hear anyone strike a match outside; never took accused into the room behind the shop; never told him there was a sick woman there; Loo Chow was the only man in the room; when the knock came we both got up; we had been in bed; when I went to bed I fastened the door but did not lock it; I went into the shop first and Loo Chow followed me; did not tell Mrs Lee the old man was asleep all the time; I had blue pyjamas on; when I was serving the apples I was behind the counter, which is a very narrow one; had my money in my left hand trouser pocket; had my trousers on when I went into the shop; put them on over my pjamas [sic]; when I was changing the apples accused put his hand in my pocket; accused was behind me and the counter was between us; saw accused take the money; told the police I lost £22; fastened the door on accused when he was inside; did not ask him for £20; my pocket knife was in my right hand vest pocket; had nothing in my coat pocket; could not say if Loo Chow saw the man hit me; Loo Chow was not in the shop when I was looking for the apples.

    To the Bench: Loo Chow must have seen accused hit me; told Loo Chow that the man took my money; the money I take in the shop I keep and get it changed for gold; the day before the robbery I took £11 in silver to the bank and got gold for it.

    Loo Chow stated: Have been in Cowra about a week or a fortnight; am stopping with Hang Suey; was there on Tuesday night; there was no woman there; had been asleep, and when I went into the shop I saw a man disputing with Hang Suey; Suey said “That man has taken my money;” did not see the man put his hand in Suey’s pocket; saw Hang Suey on the ground and he had blood on his right cheek; would not know the man; could only see his back; he was a broad man.

    To Mr Gilcreest: Did not hear the knock at the door; I was in bed first; heard Hang Suey lock the door and come into the bedroom; could not say what kind of clothes Hang Suey had on in bed; did not see him going to bed; there was no light; did not see him get out of bed; did not come out with Hang Suey; when I heard the row I came out; Hang Suey had no coat on; he was lying down in front of the counter; helped Hang Suey to get up and the man went away; we were not gambling that night; can see a little with one eye and am very deaf; never saw any money in the room that night.

    Mira Davis, stated: I am a domestic in the employ of Mr Hennessy in Bridge Street, opposite Hang Suey’s; was at Hennessy’s shop about 10 o’clock on Tuesday night; was sitting on the door step; saw a man come down the street from the direction of Murray’s Hall to Hang Suey’s shop, try the door and go to the left hand window, looked through, went back to the door and tried to open it; the shop was apparently in darkness; he then went to the right hand side window, back to the door and knocked loudly; he went back to the left hand window and looked in again, went back to the door and again knocked; Hang Suey came out and opened the door; Hang Suey struck a match and the man walked into the shop; Hang Suey went behind the counter, put his hand in the window as if to get something out and the match went out; while he was behind the counter I saw the man shut the door; went into the bake-house and did not see any more; have no idea what kind of a man it was; he was dressed in a dark suit; heard of a disturbance about a quarter of an hour afterwards.

    Maria Hennessy, stated: Our place is opposite Hang Suey’s; on Tuesday night I heard a noise and went to the shop door; saw some men over in Hang Suey’s shop; the noise sounded as if they were knocking each other against the door on the inside; there appeared to be three men in there; called my husband; when I came back the men appeared to be in the passage way tumbling about until they got near the back door of the place; saw a man running down towards Lamplough’s hotel from the side of Hang Suey’s; saw him go past Lamplough’s hotel; could not identify the man.

    Thomas Hennessy, baker, Bridge street, stated: On Tuesday night, in consequence of something my wife told me, I went to the front of my place and heard a noise in Hang Suey’s; saw a man rush out through the front door, and run down the street past Lamplough’s hotel; he turned the corner to the north and was running very fast; the direction the man was running was away from the town and from the railway station and the police station; could not identify the man; he appeared to be a tall man and to have black clothes on.

    William Sansom, fruiterer, deposed: At about 10 o’clock on Tuesday night, I was smoking at my bedroom window at Lamplough’s hotel when I saw a person run past up Smith Street; he had dark clothes on; he appeared to be an ordinary sized man.

    For the defence.

    Alfred Stephen Bayliss stated: I am relieving manager of the Commercial Bank at Woodstock; came to Cowra on Tuesday night by the train at about a quarter to eight o’clock; went to the Commercial Bank, then to the School of Arts and to Links’ hotel; met some friends at the hotel; went to the hotel with Mr Dunlop, manager of the Commercial Bank at Cowra; met Mr and Mrs Hay at the hotel; remained there until half past nine or a quarter to ten o’clock; Mr Dunlop was there up to that time; he left and I walked with him as far as Connolly’s hotel; it was my intention to return to Woodstock that evening; when I left Mr Dunlop I went back with the intention of joining my friends at Links’; did not go into the hotel; walked past the hotel to the Chinaman’s fruit shop; there was a light in the back part of the building which produced a dim light in the shop on the left side; tried the door and found it locked; moved to the left side of the door and thought I heard someone at the back and I knocked at the door; someone came to the door and opened it; did not see who it was until I stepped inside and struck a match; it was Hang Suey; asked him if he had any nice apples, and he replied he had, and went behind the counter; he placed some apples on the counter and I struck another match; he asked me how many I wanted and I said threepence worth; he then said he had a woman in a back room sick and asked me to go in; refused but he still seemed anxious for me to go in, and after he had asked me several times I went in; he went to a back room and brought a lighted candle into the middle room; he upset a lot of money on the floor, consisting of silver and copper coins, chiefly sixpences and threepences, and a few larger coins; he made no attempt to pick them up; immediately commenced to look for something about the floor; asked him what he was looking for and commenced to look too; he brought a lighted kerosene lamp from the back room, still looking or pretending to look for something; and passed into the shop; heard him lock the front shop door; there was neither a woman nor a Chinaman in the room but there was a bed, bedding, and some boxes; when I heard him lock the door I became alarmed and passed into the shop; met Hang Suey on the doorway leading from the passage into the shop; he caught hold of me and demanded £20; threw him off and went towards the shop door; he picked up a knife that was on the ledge close to the passage door and rushed at me; caught hold of the knife and he drew it through my hand cutting me; it was a long knife and not the one produced; it was longer than a butcher’s knife; I tried to unlock the front door but he got there before me and withdrew the key; arrested the key from him; moved back with him clinging to me and flourishing the knife; he said “I kill you. Give me £20. I’ll kill you;” pushed him into the passage with the idea of shutting the door between us but a box was in the way, and he was upon me before I could reach the street door; struggled with him through the passage to the back door hoping to escape that way but could not free myself from him; went back along the passage towards the shop, and when in the doorway I kicked the box out of the way and pushed him backwards over a box and he fell among other boxes; pulled the door to and opened the front door into the street and ran away around Lamplough’s hotel; the evidence of Mr and Mrs Hennessy, Miss Davis and Willam [sic] Sansom is correct, with the exception of a few details; did not put my hand in his pocket or strike him; tried to see Mr Dunlop afterwards to inform him of the occurrence; did not inform the police as I did not want to be mixed up in an affair with a Chinaman as it would effect my position; did not see any other Chinaman there; went to the room because I thought the sick woman might be dying; prosecutor’s evidence about it all taking place in the shop is wrong; am in the habit of taking evening walks and purchasing fruit; resided in Cowra for a time and purchased fruit from prosecutor on several occasions; have plenty of means; have accounts in different banks and shares; am confident I could get money from friends in Cowra if I was hard up.

    To Mr McLachlan: the witness Mira Davis said I went to the right window, but I did not do so; she also said the Chinaman came to the shop with a lighted match, that is not correct; cannot say that anything Hennessy or his wife said is incorrect; arranged to meet Mr Dunlop at half past ten at Links’ hotel; intended to go to Links’ hotel and then to Woodstock, Sansom’s evidence is true; I passed immediately behind Lamplough’s hotel property, past the rear of Hang Suey’s into Bridge street east of Hang Suey’s; went up the same side of the street as far as Murray’s Hall, then across the street into Kendal Street; strolled about as I was heated from the struggle; went to Links’ hotel at half past ten; did not tell anyone what had happened; met several people that I knew, but none that I would confide in; my hand was bleeding and I put my handkerchief around it; during the whole of the struggle the front door was shut; when I got out Hang Suey was not in view; was in the shop three or it might have been five minutes before the door was locked; went to Connolly’s hotel about 11 o’clock to inquire if Mr Dunlop was there; there are more attractive fruit shops in Kendal street than Hang Suey’s; saw Mr Dunlop shortly after eleven when he was in company with others, but I had no chance of speaking to him; made a mistake when I said I had not seen him; I meant that I had not seen him to speak to; was in Hang Suey’s about ten minutes; Hang Suey and Loo Chow committed perjury; I may have shut the door when I went in; did not expect to be there more than 2 or 3 minutes; the Senior-Sergeant’s statement about the route I took is correct; it never struck me to come towards Links’; was excited at the time, and my only thought was to get away around the corner; in my calm moments I would have gone towards Links’; got into Bridge Street as quickly as I could; I agree that the route I took was not the best one.

    Senior-Sergeant Ritchie (recalled by Mr Gilcreest) stated: Saw the prosecutor a few minutes past ten on Tuesday night; he laid the charge against accused then; prosecutor did not tell me who was in the house at the time; saw him again with Mrs Lee when he told me one of his countrymen was there; Loo Chow told me himself that he was asleep, heard the noise and went into the passage and saw Hang Suey on the floor; you asked me yesterday if the other Chinaman knew anything about the affair, and I told you no that he was asleep; his evidence to-day is practically what he told me; was not surprised to hear him give evidence; heard Hang Suey swear that Loo Chow followed him into the shop; there is an inconsistency there; the conversation and search of Mr Bayliss at the railway station occupied from 5 to 7 minutes; the conversation lasted about 5 or 6 minutes; accused was in the witness box a long time to-day; he did not tell me he came back into Bridge Street, on searching him he had a sovereign and some silver; found a new silk handkerchief with blood on it; his hand was freshly cut; did not find the Chinaman’s handkerchief with him.

    To Mr McLachlan: Made it clear that I wanted to know which route he took from Hang Suey’s shop; he did not tell me he went west and north; the back room of Hang Suey’s shop is a lumber room; got to Suey’s about half past 10; Loo Chow was there then; up to the present neither accused nor his solicitor have applied for a prosecution against Suey for assault, perjury, or anything else.

    To Mr Gilcreest: Accused appeared to be embarrassed when confronted, with the Chinaman at the railway station; he gave me a consistent account as far as it went.

    Thos Hennessy (recalled by Mr McLachlan) stated: Saw Loo Chow at Hang Suey’s about ten minutes after the disturbance; I called out and Loo Chow came to the door.

    Mr Gilcreest and Mr McLachlan addressed the Bench.

    Accused was committed for trial at the Cowra Quarter Sessions to be held on May 13th, bail being allowed, self in £50 or two in £25.

    Bail was immediately forthcoming.

~ ~ ~ ~ ~

Cowra Free Press, Thu 14 Mar 1907 14

POLICE COURT.
————
Thursday.
———
Before the Police Magistrate.

    Alfred Stephen Bayliss (on bail, on remand). Assault and robbery.

    Mr JC McLachlan (Orange) conducted the prosecution, and Mr Gilcreest appeared for the accused.

    Wm Beecham (Bathurst) was sworn in as interpreter.

    Hang Suey (an elderly Celestial, 15 who was sworn by blowing out a lighted match), stated: On Tuesday night about 10 o’clock I was in my shop with another Chinaman, Loo Chow; Loo Chow was there all the time; he is hard of hearing; there was no woman on the premises; someone knocked at the front door, I struck a match, lighted a candle and opened the door; a man said, “I want threepence worth of apples”; he said they were too green and I said I would look for better ones; while I was looking for better apples accused put his hand in my pocket and took out a handkerchief containing a £1 note, 6 half sovereigns and 18 sovereigns; he then went to go out of the shop but I would not let him and asked him for my money; he would not give it to me; I pulled out my pocket knife and when accused saw it he hit me on the right cheek, made the present mark, and knocked me senseless; when I came to my senses the man had gone and I went to look for a policeman; went to the police station and saw Senior-Sergeant Ritchie and Constable Ffrench; told them something, and went to the railway station with Senior-Sergeant Ritchie at about twelve o’clock; saw the Sergeant go up to the accused and speak to him; the Sergeant then called me up; have never received any of the money or the handkerchief back; did not say anything to the accused about a woman being in the room.

    To Mr Gilcreest: There was no light in my shop when I heard the knock; there was a flicker of a light in the back bedroom; it couldn’t be seen in the shop; did not hear anyone strike a match outside; never took accused into the room behind the shop; never told him there was a sick woman there; Loo Chow was the only man in the room; when the knock came we both got up; we had been in bed; when I went to bed I fastened the door but did not lock it; I went into the shop first and Loo Chow followed me; did not tell Mrs Lee the old man was asleep all the time; I had blue pyjamas on; when I was serving the apples I was behind the counter, which is a very narrow one; had my money in my left hand trouser pocket; had my trousers on when I went into the shop; put them on over my pjamas [sic]; when I was changing the apples accused put his hand in my pocket; accused was behind me and the counter was between us; saw accused take the money; told the police I lost £22; fastened the door on accused when he was inside; did not ask him for £20; my pocket knife was in my right hand vest pocket; had nothing in my coat pocket; could not say if Loo Chow saw the man hit me; Loo Chow was not in the shop when I was looking for the apples.

    To the Bench: Loo Chow must have seen accused hit me; told Loo Chow that the man took my money; the money I take in the shop I keep and get it changed for gold; the day before the robbery I took £11 in silver to the bank and got gold for it.

    Loo Chow stated: Have been in Cowra about a week or a fortnight; am stopping with Hang Suey; was there on Tuesday night; there was no woman there; had been asleep, and when I went into the shop I saw a man disputing with Hang Suey; Suey said “That man has taken my money;” did not see the man put his hand in Suey’s pocket; saw Hang Suey on the ground and he had blood on his right cheek; would not know the man; could only see his back; he was a broad man.

    To Mr Gilcreest: Did not hear the knock at the door; I was in bed first; heard Hang Suey lock the door and come into the bedroom; could not say what kind of clothes Hang Suey had on in bed; did not see him going to bed; there was no light; did not see him get out of bed; did not come out with Hang Suey; when I heard the row I came out; Hang Suey had no coat on; he was lying down in front of the counter; helped Hang Suey to get up and the man went away; we were not gambling that night; can see a little with one eye and am very deaf; never saw any money in the room that night.

    Mira Davis, stated: I am a domestic in the employ of Mr Hennessy in Bridge Street opposite Hang Suey’s; was at Hennessy’s shop about 10 o’clock on Tuesday night; was sitting on the door step; saw a man come down the street from the direction of Murray’s Hall to Hang Suey’s shop, try the door and go to the left hand window, looked through, went back to the door and tried to open it; the shop was apparently in darkness; he then went to the right hand side window, back to the door and knocked loudly; he went back to the left hand window and looked in again, went back to the door and again knocked; Hang Suey came out and opened the door; Hang Suey struck a match and the man walked into the shop; Hang Suey went behind the counter, put his hand in the window as if to get something out and the match went out; while he was behind the counter I saw the man shut the door; went into the bake-house and did not see any more; have no idea what kind of a man it was; he was dressed in a dark suit; heard of a disturbance about a quarter of an hour afterwards.

    Maria Hennessy, stated: Our place is opposite Hang Suey’s; on Tuesday night I heard a noise and went to the shop door; saw some men over in Hang Suey’s shop; the noise sounded as if they were knocking each other against the door inside; there appeared to be three men in there; called my husband; when I came back in the men appeared to be in the passage way tumbling about until they got near the back door of the place; saw a man running down towards Lamplough’s hotel; could not identify the man.

    Thomas Hennessy, baker, Bridge street, stated: On Tuesday night, in consequence of something my wife told me, I went to the front of my place and heard a noise in Hang Suey’s; saw a man rush out through the front door, and run down the street past Lamplough’s hotel; he turned the corner to the north and was running very fast; the direction the man was running was away from the town and from the railway station; could not identify the man; he appeared to be a tall man and to have black clothes on.

    William Sansom, fruiterer, deposed: At about 10 o’clock on Tuesday night, I was smoking at my bedroom window at Lamplough’s hotel when I saw a person run past up Smith Street; he had dark clothes on; he appeared to be an ordinary sized man.

    For the defence.

    Alfred Stephen Bayliss stated: I am relieving manager of the Commercial Bank at Woodstock; came to Cowra on Tuesday night by the train at about a quarter to eight o’clock; went to the Commercial Bank, then to the School of Arts and to Links’ hotel; met some friends at the hotel; went to the hotel with Mr Dunlop, manager of the Commercial Bank at Cowra; met Mr and Mrs Hay at the hotel; remained there until half past nine or a quarter to ten o’clock; Mr Dunlop was there up to that time; he left and I walked with him as far as Connolly’s hotel; it was my intention to return to Woodstock that evening; when I left Mr Dunlop I went back with the intention of joining my friends at Links’; did not go into the hotel; walked past the hotel to the Chinaman’s fruit shop; there was a light in the back part of the building which produced a dim light in the shop on the left side; tried the door and found it locked; moved to the left side of the door and thought I heard someone at the back and I knocked at the door; someone came to the door and opened it; did not see who it was until I stepped inside and struck a match; it was Hang Suey; asked him if he had any nice apples and he replied he had, and went behind the counter; he placed some apples on the counter and I struck another match; he asked me how many I wanted and I said threepence worth; he then said he had a woman in a back room sick and asked me to go in; refused but he still seemed anxious for me to go in, and after he had asked me several times I went in; he went to a back room and brought a lighted candle into the middle room; he upset a lot of money on the floor, consisting of silver and copper coins, chiefly sixpences and threepences, and a few larger coins; he made no attempt to pick them up; immediately commenced to look for something about the floor; asked him what he was looking for and commenced to look too; he brought a lighted kerosene lamp from the back room, still looking or pretending to look for something, and passed into the shop; heard him lock the front shop door; there was neither a woman nor a Chinaman in the room but there was a bed, bedding, and some boxes; when I heard him lock the door I became alarmed and passed into the shop; met Hang Suey on the doorway leading from the passage into the shop; he caught hold of me and demanded £20; threw him off and went towards the shop door; he picked up a knife that was on the ledge close to the passage door and rushed at me; caught hold of the knife and he drew it through my hand cutting me; it was a long knife and not the one produced; it was longer than a butcher’s knife; I tried to unlock the front door, but he got there before me and withdrew the key; arrested the key from him; moved back with him clinging to me and flourishing the knife; he said “I kill you. Give me £20. I’ll kill you;” pushed him into the passage with the idea of shutting the door between us but a box was in the way, and he was upon me before I could reach the street door; struggled with him through the passage to the back door hoping to escape that way but could not free myself from him; went back along the passage towards the shop, and when in the doorway I kicked the box out of the way and pushed him backwards over a box and he fell among other boxes; pulled the door to and opened the front door into the street and ran away around Lamplough’s hotel; the evidence of Mr and Mrs Hennessy, Mira Davis and William Sansom is correct, with the exception of a few details; did not put my hand in his pocket or strike him; tried to see Mr Dunlop afterwards to inform him of the occurrence; did not inform the police as I did not want to be mixed up in an affair with a Chinaman as it would effect my position; did not see any other Chinaman there; went to the room because I thought the sick woman might be dying; prosecutor’s evidence about it all taking place in the shop is wrong; am in the habit of taking evening walks and purchasing fruit; resided in Cowra for a time and purchased fruit from prosecutor on several occasions; have plenty of means; have accounts in different banks and shares; am confident I could get money from friends in Cowra if I was hard up.

    To Mr McLachlan: The witness Mira Davis said I went to the right window, but I did not do so; she also said the Chinaman came to the shop with a lighted match, that is not correct; cannot say that anything Hennessy or his wife said is incorrect; arranged to meet Mr Dunlop at half past ten at Links’ hotel; intended to go to Links’ hotel and then to Woodstock. Sansom’s evidence is true; I passed immediately behind Lamplough’s hotel property, past the rear of Hang Suey’s into Bridge street east of Hang Suey’s; went up the same side of the street as far as Murray’s Hall, then across the street into Kendal Street; strolled about as I was heated from the struggle; went to Links’ hotel at half past ten; did not tell anyone what had happened; met several people that I knew, but none that I would confide in; my hand was bleeding and I put my handkerchief around it; during the whole of the struggle the front door was shut; when I got out Hang Suey was not in view; was in the shop three or it might have been five minutes before the door was locked; went to Connolly’s hotel about 11 o’clock to inquire if Mr Dunlop was there; there are more attractive fruit shops in Kendal street than Hang Suey’s; saw Mr Dunlop shortly after eleven when he was in company with others, but I had no chance of speaking to him; made a mistake when I said I had not seen him; I meant that I had not seen him to speak to; was in Hang Suey’s about ten minutes; Hang Suey and Loo Chow committed perjury; I may have shut the door when I went in; did not expect to be there more than 2 or 3 minutes; the Senior-Sergeant’s statement about the route I took is correct; it never struck me to come towards Links’; was excited at the time, and my only thought was to get away around the corner; in my calm moments I would have gone towards Links’; got into Bridge Street as quickly as I could; I agree that the route I took was not the best one.

    Senior-Sergeant Ritchie (recalled by Mr Gilcreest) stated: Saw the prosecutor a few minutes past ten on Tuesday night; he laid the charge against accused then; prosecutor did not tell me who was in the house at the time; saw him again with Mrs Lee when he told me one of his countrymen was there; Loo Chow told me himself that he was asleep, heard the noise and went into the passage and saw Hang Suey on the floor; you asked me yesterday if the other Chinaman knew anything about the affair, and I told you no that he was asleep; his evidence to-day is practically what he told me; was not surprised to hear him give evidence; hear Hang Suey swear that Loo Chow followed him into the shop; there is an inconsistency there; the conversation and search of Mr Bayliss at the railway station occupied from 5 to 7 minutes; the conversation lasted about 5 or 6 minutes; accused was in the witness box a long time to-day; he did not tell me he came back into Bridge Street; on searching him he had a sovereign and some silver; found a new silk handkerchief witd [sic] blood on it; his hand was freshly cut; did not find the Chinaman’s handkerchief with him.

    To Mr Mclachlan: Made it clear that I wanted to know which route he took from Hang Suey’s shop; he did not tell me he went west and north; the back room of Hang Suey’s shop is a lumber room; got to Suey’s about half past 10; Loo Chow was there then; up to the present neither accused nor his solicitor have applied for a prosecution against Suey for assault, perjury, or anything else.

    To Mr Gilcreest: Accused appeared to be embarrassed when confronted with the Chinaman at the railway station; he gave me a consistent account as far as it went.

    Thos Hennessy (recalled by Mr McLachlan) stated: Saw Loo Chow at Hang Suey’s about ten minutes after the disturbance; I called out and Loo Chow came to the door.

    Mr Gilcreest and Mr McLachlan addressed the Bench.

    Accused was committed for trial at the Cowra Quarter Sessions to be held on May 13th, bail being allowed, self in £50 and one in £50 or two in £25.

    Bail was immediately forthcoming.

    Mr Gilcreest did not think there was any necessity for him to address the bench, because he felt sure that it must be evident to anyone who had heard the evidence and considered the whole of the circumstances that the prosecutor was endeavouring to blackmail the accused. He held that it would be preposterous to assume that a man who had held an untarnished record for twenty years in the service of the Commercial Bank of Sydney, and one who was possessed of considerable means, would ever dream of such a crime. The accused had made a plain and straightforward statement which deserved credence. He next reviewed the evidence and submitted that there was an utter absence of corroboration of Hang Suey’s testimony, without which it could not be held that a PRIMA FACIE case had been established. He asked the bench with every confidence to relieve Mr Bayliss from a most painful and embarrassing position by at once dismissing the case.

    Mr McLachlan quite agreed with his learned friend that the case was an extremely painful one, but such cases had unfortunately to be faced sometimes in connection with people occupying good social positions. Such a case had occurred in South Australia not so long ago, when Chief Justice Way, who was called upon to try the case remarked how painful it was for him to have to deal with people of such good social standing and unblemished reputation, but added that the law was no respector [sic] of persons, and that no matter how painful the task might be those in authority should endeavour to to perform the duties entrusted to them fearlessly and conscientiously. He (Mr McLachlan) realised how painful it must be for the PM to deal with such a case, but no matter what his worship’s feelings might be he held that on the evidence it was his clear duty to commit the accused. Sitting as a magistrate in a ministerial capacity it was his worship’s duty to sift the evidence carefully, and in doing so to deal out even-handed justice to Chinamen and Europeans alike. He should remember the accused admitted that he was at Hang Suey’s place at the hour stated and the evidence went to show that the inmates were in bed at the time and that the accused took particular pains to gain admission. He (Mr McLachlan ) asked why the accused should take so much trouble and be so persistent in his efforts to gain admittance? Surely not to obtain threepence worth of apples while there were so many better fruiterer’s shops in the town. That Hang Suey had been assaulted by the accused he maintained there could be no room for doubt and for that offence alone the accused should be committed. Commenting on the accused’s behaviour after the alleged offence, he remarked it was somewhat singular that the accused, when running away from Hang Suey, fearing that he might do him some injury with a knife, should have selected the most sparsely populated portion of the town as a place of refuge. The natural inference was that any man in bodily fear would have sought protection where there was a much better prospect of meeting people. Instead, however, of doing the latter he actually returned to Bridge-street close beside Hang Suey’s place and incurred the risk of being waylaid and attacked by the infuriated Chinaman. He contended that the accused’s actions and general behaviour on the night in question were, to say the least, extremely questionable, and not such as would be ascribed to the ordinary run of humanity. If the accused was innocent of the offence laid against him, his actions were inconsistent with such a conclusion. No matter how much his worship sympathised with the accused in his regrettable position, or how painful it might be for him to commit the accused he (Mr Lachlan) [sic] submitted that, as a PRIMA FACIE case had been made out, no other course was open to him.

    Mr Byrnes [PM] said the case was one of the most painful that had come within his experience sine he became a magistrate, and he was sorry that the case had not been heard by some other Justice. A PRIMA FACIE case had, in his opinion, been established consequently he conceived it to be his duty to commit the accused to the Quarter Sessions for trial. The accused’s behaviour throughout had been so extraordinary that he could only blame himself for the unfortunate position he occupied. Why he should have selected the Chinaman’s shop when there were so many other respectable fruiterers in the town, and when leaving that place to run away in a contrary direction to the police and railway station were peculiar actions which had not been satisfactorily explained. It was also strange that when the accused subsequently met Mr Dunlop and his other friends that he made no mention of the occurrence to any of them. If blackmail had been attempted it might be reasonably assumed that a man would rush to his friends and state what had taken place. Even if he did not wish to have the affair made public he could easily have taken Mr Dunlop aside and made the facts known to him. Ample opportunity had been afforded him to communicate some at least of the circumstances to his friends, as he did appear to have gone to the railway station until just before midnight. The Attorney-General would have to decide whether the accused should be placed on his trial or otherwise. He could not be more pained over the matter if the accused were his own brother.

    The accused was then committed to stand his trial at the Court of Quarter Sessions to be holden at Cowra on May 13th. Bail, which was immediately forthcoming, was fixed at accused in £50 and two sureties in £25 each or one in £50.

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The Burrowa News, Fri 15 Mar 1907 16

SENSATIONAL EVENT AT
COWRA.
————
ALLEGED ASSAULT AND ROBBERY.
————

    Last week Cowra was excited over an event which has so far resulted in the committal for trial of the manager of the Commercial Bank at Woodstock, on the serious charge of assault and robbery. The alleged offence is said to have occurred on Tuesday night, 5th inst, and on the following day Alfred S Bayliss was brought before the Police Court, Mr Byrnes, PM, presiding, on a charge of assault and robbing Hang Suey. After evidence of arrest had been given, the case was adjourned until next day for the attendance of an interpreter. On Wednesday, the hearing was resumed, Mr Gilcreest appearing for the accused, and Mr McLachlan to prosecute. The principal evidence given was that of the following:—

    Hang Suey (through an interpreter) stated: On Tuesday night about 10 o’clock I was in my shop with another Chinaman, Loo Chow; Loo Chow was there all the time; he is hard of hearing; there was no woman on the premises; someone knocked at the front door; I struck a match, lighted a candle and opened the door; a man said,”I want threepence worth of apples;” he said they were too green and I said I would look for better ones; while I was looking for better apples accused put his hand in my pocket and took out a handkerchief containing a £1 note, 6 half sovereigns, and 18 sovereigns; he then went to go out of the shop but I would not let him, and asked him for my money; he would not give it to me; I pulled out my pocket knife and when accused saw it he hit me on the right cheek, made the present mark, and knocked me senseless; when I came to my senses the man had gone and I went to look for a policeman; went yo the police station and saw Senior-sergeant Ritchie and Constable Ffrench; told them something, and went to the railway station with Senior-sergeant Ritchie at about twelve o’clock; saw the Sergeant go up to the accused and speak to him; the Sergeant then called me up; have never received any of the money or the handkerchief back; did not say anything to the accused about a woman being in the room.

    To Mr Gilcreest: There was no light in my shop when I heard the knock; there was flicker of a light in the back bedroom; it couldn’t be seen in the shop; did not hear anyone strike a match outside; never took accused into the room behind the shop; never told him there was sick woman there; Loo Chow was the only man in the room; when the knock came we both got up; we had been in bed; when I went to bed I fastened the door but did not lock it; I went into the shop first and Loo Chow followed me; did not tell Mrs Lee the old man was asleep all the time; I had blue pyjamas on; when I was serving the apples I was behind the counter, which is a very narrow one; had my money in my left hand trousers pocket; had my trousers on when I went into the shop; put them on over my pyjamas, when I was changing the apples accused put his hand in my pocket; accused was behind me and the counter was between us; saw accused take the money; told the police I lost £22; fastened the door on accused when he was inside; did not ask him for £20; my pocket knife was in my right hand vest pocket; had nothing in my coat pocket; could not say if Loo Chow saw the man hit me; Loo Chow was not in the shop when I was looking for the apples.

    To the Bench: Loo Chow must have seen accused hit me, told Loo Chow that the man took my money; the money I take in the shop I keep and get it changed for gold; the before the robbery I took £11 in silver to the bank and got fold for it.

    Loo Chow stated: Have been in Cowra about a week or a fortnight; am stopping with Hang Suey; was there on Tuesday night; there was no woman there; had been asleep, and when I went into the shop I saw a man disputing with Hang Suey; Suey said, “That man has taken my money;” did not see the man put his hand in Suey’s pocket; saw Hang Suey on the ground and he had blood on his right cheek; would not know the man; could only see his back; he was a broad man.

    Alfred Stephen Baylis deposed: I am relieving manager of the Commercial Bank at Woodstock; came to Cowra on Tuesday night by the train at about a quarter to eight o’clock; went to the Commercial Bank, then to the School of Arts, and to Links’ hotel; met some friends at the hotel; went to the hotel with Mr Dunlop, manager of the Commercial Bank at Cowra; met Mr and Mrs Hay at the hotel; remained there until half-past nine or a quarter to ten o’clock; Mr Dunlop was there up to that time; he left and I walked with him as far as Connolly’s hotel; it was my intention to return to Woodstock that evening; when I left Mr Dunlop I went back with the intention of joining my friends at Links’; did not go into the hotel; walked past the hotel to the Chinaman’s fruit shop; there was a light in the back part of the building which produced a dim light in the shop on the left side; tried the door and found it locked; moved to the left side of the door and I thought I heard someone at the back and I knocked at the door; someone came to the door and opened it; did not see who it was until I stepped inside and struck a match; it was Hang Suey; asked him if he had any nice apples, and he replied he had, and went behind the counter; he placed some apples on the counter and I struck another match; he asked me how many I wanted and I said threepence worth, he then said he had a woman in a back room sick and asked me to go in; refused, but he still seemed anxious for us to go in, and after he had asked me several times I went in; he went to a back room and brought a lighted candle into the middle room; he upset a lot of money on the floor, consisting of silver and copper coins, chiefly six pences and three pences, and a few larger coins; he had made no attempt to pick them up; immediately commenced to look for something about the floor; asked him what he was looking for and commenced to look too; he brough a lighted kerosene lamp from the back room, still looking or pretending to look for something, and passed into the shop; heard him lock the front shop door; there was neither a woman nor a Chinaman in the room, but there was bad, bedding, and some boxed; when I heard him lock the door I became alarmed and passed into the shop; met Hang Suey on the doorway leading from the passage into the shop; he caught hold of me and demanded £20; threw him off and went towards the shop door; he picked up a knife that was on a ledge close to the passage door and rushed at me; caught hold of the knife and he drew it through my hand, cutting me; it was a long knife and not the one produced; it was longer than a butcher’s knife; I tried to unlock the front door, but he got there before me and withdrew the key; wrested the key from him; moved back with him clinging to me and flourishing the knife; he said, “I’ll kill you. Give me £20. I’ll kill you;” pushed him back into the passage with the idea of shutting the door between us, but a box was in the way and he was upon me before I could reach the street door; struggled with him through the passage to the back door, hoping to escape that way, but could not free myself from him; went back along the passage towards the shop, and when in the doorway I kicked the box out of the way and pushed him backwards over a box and he fell among other boxes; pulled the door to and opened the front door into the street, and ran away around Lamplough’s hotel; the evidence of Mr and Mrs Hennessy, Mira Davis and William Sansom is correct, with the exception of a few details; did not put my hand in his pocket or strike him; tried to see Mr Dunlop afterwards to inform him of the occurrence; did not inform the police, as I did not want to be mixed up in a affair with a Chinaman, as it would affect my position; did not see any other Chinaman there; went to the room because I thought the sick woman might be dying; prosecutor’s evidence about it all taking place in the shop is wrong; am in the habit of taking evening walks and purchasing fruit; resided in Cowra for a time and purchased fruit from prosecutor on several occasions; have plenty of means; have accounts in different banks and shares; am confident I could get money from friends in Cowra if I was hard up.

    To Mr McLachlan: The witness Mira Davis said I went to the right window, but I did not do so; she also said that the Chinaman came to the shop with a lighted match, that is not correct; cannot say that anything Hennessy or his wife said is incorrect; arranged to meet Mr Dunlop at half-past ten at Links’ hotel; intended to go to Links’ hotel and then to Woodstock; Sansom’s evidence is true; I passed immediately behind Lamplough’s hotel property, past the rear of Hang Suey’s into Bridge-street east of Hang Suey’s; went up the same side of the street as far as Murray’s Hall, then across the street into Kendal-street; strolled about as I was heated from the struggle; went to Links’ hotel at half past ten; did not tell anyone what had happened; met several people that I knew, but none that I would confide in; my hand was bleeding and I put my handkerchief around it; during the whole of the struggle the front door was shut; when I got our Hang Suey was not in view; was in the shop three or it might have been five minutes before the door was locked; went to Connelly’s Hotel about eleven o’clock to inquire if Mr Dunlop was there; there are more attractive fruit shops in Kendal-street than Hang Suey’s; saw Mr Dunlop shortly after eleven when he was in company with others, but I had no chance of speaking to him; made a mistake when I said I had not see him to speak to; was in Hang Suey’s about ten minutes; Hang Suey and Loo Chow committed perjury; I may have shut the door when I went in; did not expect to be there more than 2 or 3 minutes; the Senior-sergeant’s statement about the route I took is correct; it never struck me to come towards Links’; was excited at the time and my only thought was to get away around the corner; in my clam moments I would have gone towards Links’; got into Bridge Street as quickly as I could; I agree that the route I took was not the best one.

    Accused was committed to take his trial at the Cowra Quarter Sessions on May 13.

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The Wagga Wagga Advertiser, Tue 19 Mar 1907 17

NEWS IN BRIEF.
————


    A strange case is reported from Cowra. Evidence given at the police court by Hang Suey was to the effect that Alfred S Baylis, relieving manger of the Commercial Bank at Woodstock, entered his shop at 10 o’clock at night, to buy some apples, and that while his back was turned, Baylis put his hand in his pocket and took out a handkerchief containing £22; the Chinaman avers he tried to get his money back, and threatened Baylis with his pocket-knife, when he received a blow on the cheek, which laid him senseless. For the defence, Bayliss stated he went into the Chinaman’s shop to buy some apples, and was coaxed into a back room on the pretence that a sick woman was there; the Chinaman then drew a butcher’s knife and threatened to kill him if he did not give him £20; this he refused, and he had to fight his way out of the Chinaman’s place; he was not hard up, and had shares, and accounts in difference banks. The Bench committed accused for trial.

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The Sydney Morning Herald, Tue 14 May 1907 18

COUNTRY NEWS.
———◦———

QUARTER SESSIONS.
———

Cowra, Monday.

    At the Quarter Sessions to-day, before Acting Judge Dawson, Alfred Stephen Bayliss was charged with assaulting a Chinese named Hang Suey, and robbing him of £20, on March 5. Mr Gannon, instructed by Mr D Gilcreest, appeared for the accused. After hearing the evidence, his Honor withdrew the case from the jury, saying there was no evidence in support of the charge. Defendant was acting manager of the Commercial Bank here during part of last year, and at the time of the alleged offence he was in charge of the new branch at Woodstock.

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Cowra Free Press, Thu 16 May 1907 19

QUARTER SESSIONS.
————
BEFORE HIS HONOR ACTING JUDGE
DAWSON.

    Mr Beaver, Clerk of the Peace, was also present.

    IJ Sloan and Percy Lovett were each fined £2 for failing to appear as jurors.

    The bar was represented by Messrs Merewether and Gannon, and the other branch of the legal profession by Messrs DT Gilchrist, EM Finn, GL King, RB Phillips, and Bayliss (Hay).

    Alfred Stephen Bayliss (on bail) was arraigned on a charge of assaulting one Hang Suey, a Chinaman, and robbing him of 18 sovereigns, 6 half-sovereigns, and a £1 banknote at Cowra on the night of March 5th last, and pleaded not guilty. The accused was defended by Mr Gannon (instructed by Mr DT Gilcreest).

    Mr Merewether, Crown Prosecutor, conducted the case for the Crown.

    Following jury was empanelled, the right of challenge not having been exercised by either side:– AE Thomas (foreman), JMG Tucker, L Wright, FW Henry, C Henry, RC Chivers, P Godfrey, Jas Whiteman, A Poignand, GT Lockyer, Jas Kerin, and TA Lane.

    The Crown Prosecutor stated the case to the jury at some length.

    Senior-Sergeant William Ritchie deposed a Chinaman named Hang Suey came to him at the Cowra police station at about 10 pm on March 5 and made a complaint; noticed a wound on his left cheek, from which blood was oozing; he was quite sober at the time; as witness could not understand all that the Chinaman wished to convey, he brought him to Mrs Gong Lee’s place; some questions were put to Hang Suey through Mrs Gong Lee by witness and answered per the same medium; then accompanied Hang Suey to his shop in Bridge-street (plan of the premises produced), and inspected the place, but did not then make a complete investigation; did not see a long knife with a sharp blade there, but later on saw a suet chopper at the place; then went in search of the man who it was alleged had committed the assault and robbery, and at about 12 pm accompanied Hang Suey to the local railway station; had previously issued instructions to Constables Rowe and Ffrench; upon seeing the accused there witness bade him “Goodnight” and the accused returned the salutation; witness then called out to Hang Suey, who was outside the platform fence, “Come along;” Hang Suey then joined him, and upon his doing so accused said “I know now what is up;” witness queried “What is up?” accused responded “That Chinaman attempted to blackmail me to-night;” witness said “Were you at the Chinaman’s tonight?” accused replied “Yes, I went there to get some apples. The Chinaman said he had a good woman in the back room. I went in there and he then attacked me with a knife and demanded £20. See where he cut my hand (pointing to a wound on the forefinger of his right hand);” witness asked him what way he went after leaving the Chinaman’s shop, to which he replied, “Up past Mrs Ryan’s hotel;” witness, upon referring to Con Ffrench, ascertained that there was no Mrs Ryan residing in that locality; again asked the accused which side of the street he took from the Chinaman’s to Link’s hotel; he replied, “On the same side as Murray’s Hall, and I then crossed over;” nothing was said about Lamplough’s corner; took the accused then to the railway station master’s office and searched him, but failed to find anything on him corresponding with what the Chinaman alleged had been taken from him; accused left the railway station premises with witness, and witness then arrested him and charged him having assaulted Hang Suey and robbing him of twenty sovereigns and a £1 bank note; accused, who was quite sober, made not reply; took him to the lockup and he was brought before the Police Court on the following day, when he was remanded till March 7th, on which occasion witness gave evidence; went to Hang Suey’s place again on March 7th and made a thorough search of the premises for the long knife accused alleged he had been attacked with, and once more failed in his quest; he produced a pocket knife which had been handed to him by Hang Suey; it had also been produced at the Police Court hearing.

    By Mr Gannon: Know the locality fairly well now, but did not know much about it on March 5th; the only thing inconsistent in accused’s statements is, that instead of going to Murray’s Hall from the Chinaman’s, he went in a totally opposite direction, viz, round the corner by Lamplough’s hotel; would have expected him to go to Hennessy’s shop instead of the way that he went; if there was a light in the back portion of Hang Suey’s premises it could have been seen from Bridge-street; on the night of the alleged robbery I saw some apples on Hang Suey’s counter which had evidently been left there in a hurry; Hang Suey sells vegetables as well as fruit, I believe, and the chopper could have been used for cutting them; made enquiries respecting the long knife without effect; the accused distinctly said that Hang Suey told him there was a “good” woman at the back; he did not say “sick” woman; the evidence given by the accused at the Police Court describing the back room at Hang Suey’s is substantially correct; am aware that Hang Suey had since said that the accused was never in the back room; knew the accused, yet I believe the evidence of Hang Suey and Hennessy’s in preference to his; when I met the accused at the railway station I assumed that he was returning to the Commercial Bank at Woodstock; would have accepted the responsibility of arresting any man under similar circumstances; saw blood issuing from a wound on the Chinaman’s face; heard accused state in evidence that when Hang Suey was pushed by him he fell over a lot of boxes while he (accused) was effecting his escape from the place; I believe two gentlemen came to the police station on the night of accused’s arrest and offered to enter into bail for his appearance at the Police Court; if aware of it at the time I would have opposed such being granted; have been 23 years in the police, but only one month in Cowra; conducted the prosecution at the Police Court up to a certain stage; had no conversation with anyone relative to securing the services of Mr McLachlan, solicitor, of Orange, to conduct the prosecution; as a matter of fact the prosecution on the last day of hearing at the Police Court was taken out of my hands by Mr McLachlan; the accused was acting manager at the Commercial Bank, Woodstock; the counter at Hang Suey’s shop is 3ft 4in high and 1ft 9in wide; the alleged robbery could not have been seen from the street if Hang Suey was behind the door at the time.

    To Mr Merewether: The counter at Hang Suey’s shop is 7ft 6in or 8ft long, and the space between it and the shelves is about 3ft 6in; judging by the accused’s evidence I would say that he was taken to the middle, or lumber, room.

    To His Honor: The Chinaman stated that he was run out of the room by the accused.

    Constable J[ohn] T[homas] Rowe deposed he on the night of March 5th at about a quarter to 12, accompanied by Constable French [sic] to the local railway station; saw the accused on the platform there and spoke to him; he made no complaint to witness; know Kendal and Bridge streets, Cowra; there are about 8 fruit shops in former street, some of which are in the habit of remaining open till after 12 pm; some of these were open till considerably after 10 o’clock on the night in question; anyone going from the bridge on that particular night at the time stated would have passed several open fruit shops; had Kendall-street in common with other portions of the town under observation since entering on duty in September last; did not give evidence at the Police Court.

    Myra [aka Mira] Davis deposed she was in the employ of Mr Thos Hennessy, baker, Bridge-street, whose shop and residence were opposite Hang Suey’s place; was sitting on the doorstep in front of the dwelling-house at about 10 pm on March 5th when she saw a man come from the direction of Murray’s hall to Hang Suey’s shop, which was then in darkness; the man went to the shop door and tried to open it, and failing to do so, he went to the window on the left side of the building and appeared to be looking into the place from there; he next went to the window on the right side and, after looking through it for a short time, he returned to the front of the shop and knocked at the door; could hear the knocking distinctly; there still being no response the man again went to the window on the left side, after which he again went to the front door and knocked loudly; shortly afterward Hang Suey opened the door and, after doing so, struck a match; the man then entered the shop; saw Hang Suey go behind the counter and put his hand under it as if to take something out; while Hang Suey was behind the counter the strange man closed the door and as the light was immediately after extinguished she saw no more; the light was extinguished while Hang Suey was behind the counter.

    By Mr Gannon: Was seated on the doorstep on the opposite side of a narrow street to Hang Suey’s shop; Hang Suey struck the match on opening the door, and the light went out after the door was closed by the man; the man could have seen me quite easily; did not regard the fact of the man entering the shop as being anything out of the common; cannot say that a light was showing from the back portion of the premises on the side facing Murray’s hall; know Hang Suey; the police called on me about 10 am next day.

    To Mr Merewether: Cannot say if a light was visible in the street from Hennessy’s place at the time; there were lights at Lamplough’s hotel at the corner of the street.

    Maria Hennessy deposed she was a married woman and resided with her husband, Thomas Hennessy, in Bridge-street, Cowra, opposite Hang Suey’s place; was sitting in the front room of her dwelling when she heard a noise as of men scuffling in Hang Suey’s shop; on going to the front door of her husband’s shop the noise continued; there was a dim light in Hang Suey’s shop at the time, and that enabled her to distinguish the forms of three men in the shop, two of whom appeared to be fighting, while the third man seemed to be a bit farther back in the shop; shortly after noticing the disturbance she informed her husband of what was taking place, and he then accompanied her to the front of his premises; the men then appeared to be in the passage at Hang Suey’s place and still fighting; there was no light in Hang Suey’s shop at that time, but there was one in the back room. Could not say how many persons were in the house; they made a good deal of noise while stamping about; went into her house and when she again returned to the door she saw a man running from Hang Suey’s towards Lamplough’s hotel, after running a few yards from the shop then walk briskly.

    By Mr Gannon: The noise in the shop first attracted my attention; the light in the shop enabled me to distinguish the forms of the three men; know nothing about the interior of the premises; the men were in the passage, which is between the shop and the back room, and to the right of the back door; a man could have retired by the back door; did not notice any man trying to escape from the place; a great noise was being made during the disturbance; could see the men fighting in the passage.

    Thomas Hennessy deposed he was a baker residing in Bridge-street; in consequence of something told him by his wife on the night of March 5th he went to the front door of his shop and heard a noise at Hang Suey’s place, but as it ceased shortly after he did not attempt to ascertain the cause; after a lapse of about five minutes he saw a man leave Hang Suey’s shop by the front door and run towards Lamplough’s hotel corner; did not see him after he turned the corner; about half a minute later Hang Suey left the house by the back door, but could not say which direction he went in.

    By Mr Gannon: Saw Hang Suey in his house during the disturbance; could not say that he knew I was looking on; there were lights in the shop at the time which enabled me to distinguish Hang Suey; heard the noise continue from three to five minutes.

    Hang Suey deposed, through the Crown Chinese Interpreter (Alfred Archey), he was a fruiterer carrying on business in Bridge-street, Cowra; retired to his bed at about 10 o’clock on the night of March 5th—the night he was assaulted and robbed; Loo Chow, his companion, was in his bed at the time; there were no lights in his sleeping room after he retired; the beds occupied by Loo Chow and himself were on opposite sides of the same room; removed his coat and vest before retiring to bed, but retained his trousers and other clothing; wore a shirt that night similar to the one he was now wearing; shortly after going to bed he heard a knock at his shop door, and on opening it the accused entered; witness was then attired in his shirt and trousers, accused asked for threepence worth of apples; noticed a light outside the shop, as if a match had been struck, just before that; witness lit a candle with a match before entering the shop; gave the accused some apples, and as he was not satisfied with them witness went to get some more; witness was behind the counter and the accused outside it; had some money in gold wrapped in a pocket handkerchief in his right hand trousers pocket; saw accused lean across the counter and take the handkerchief and money from his (witness’) pocket; said to him “There is £20 odd in that handkerchief. Give it back to me;” accused replied “No, no” and then caught hold of witness and pushed him; witness continued behind the counter; on witness coming from behind the counter the accused pushed him and knocked him down; when coming to the shop from the back room he carried a knife in his hand which he used for cutting twine; had used it for that purpose earlier in the night; the one now produced was the same; told the accused he would use the knife on him if he did not return the money; said to him, “You take my money. You no give ’em back me cut ’em;” accused then struck witness and knocked him down, cutting him on the cheek and inside the mouth; the wound on the cheek bled; was dazed from the effects of the blow and laid for a little time where he fell; when accused struck him and knocked him down witness screamed out in Chinese to the old man Loo Chow, “Come quick, come quick;” was on his feet when Loo Chow responded to his call; accused then opened the door and ran away; there are two sides to the door; when the accused entered the shop he pushed the door to and closed it; there was no woman on the premises, and he never told the accused that one was there; he and Loo Chow occupied beds on opposite sides of the room; did not throw any money on the floor that night in the presence of the accused; had not recovered any of the stolen money; informed Sen-Sgt Ritchie of the robbery immediately after it took place; had no knife with a fixed blade; had a Chinese chopper about 3 or 4 inches wide and a foot long, inclusive of handle; it was in his kitchen.

    By Mr Gannon: The handkerchief with my money was in my left hand trousers pocket; know the difference between right and left; did not swear at the Police Court that the handkerchief was in my left pocket; recognize my mark attached to the depositions produced; swore at the Police Court that the handkerchief was sticking out of my pocket; also that I had a flour bag right in the bottom of my pocket; swore also that the handkerchief was shewing a little out of my pocket; was behind the counter when the accused pushed me; as I could not reach him I went round the counter after him; had Chinese pants on over pants of European pattern; never said at the Police Court that I had my pants over my pyjamas; my vest was at the head of my bed; had a lead pencil in my pocket; left my knife on the counter after opening a tin of tobacco that night; my vest was in the kitchen; was not wearing it when the accused robbed me; the accused was about to take the fruit when he took my money; did not swear at the Police Court that I had a knife in my hand; neither did I swear that I took one out of my vest pocket; did not fasten the door of the shop while accused was there; did not swear that I fastened the door while the accused was on my premises, nor after he robbed me; had never been a witness in a court case before; screamed out fairly loudly to Loo Chow “come quick” while the accused was in my shop; did not perceive Loo Chow on the scene until I had risen from where I was knocked down; accused was then in my shop; before leaving he punched me about the face with his closed fist and cut my cheek; did not shew the wound to a doctor next day or at any other time; Loo Chow entered the shop while I was looking for other apples for the accused; have not altered the evidence given by me at the Police Court in any way; have known Ah Chow, who is now present, about a year or so; once charged him with stealing £18 from me from behind my counter; Ah Choy [sic] subsequently informed me that he had engaged a solicitor to take proceedings against me for slander; told him that I had only taken notice of what people had told me; I paid Ah Choy 30s to cover his legal expenses; we then had a drink and the matter ended; I accused Mr Frazer of stealing my weights; the police after making a search were unable to find them; Sen-Sergt Butler did not tell me he would not prosecute in that instance.

    Loo Chow (an aged, deaf, and very infirm Celestial), having been sworn by blowing out a match, deposed through the interpreter, he was residing at present with Hang Suey; he had been a gardener, but was now too old to work; a collection had been taken up to cover the cost of his passage to China, and he would then have been on the voyage if he had not been a witness in the case before the court; was at Hang Suey’s place on the night of March 5th; went to bed on that night before Hang Suey; heard a noise as if a match was being struck, and on going into the shop he saw a man’s back disappearing through the doorway; Hang Suey was in the act of rising from the ground when he entered; noticed a scratch and a little blood on Hang Suey’s face; did not see the face of the man who left the shop; there was a candle alight on the counter at the time; saw no money about and knew nothing about the alleged robbery; there was no woman sleeping in the house; saw a light through the door before entering the shop; Hang Suey was on his feel when he saw him in the shop.

    By Mr Gannon: The noise I heard was caused by something on the flooring boards; did not notice what clothes Hang Suey was swearing; saw a man wearing a black coat run out of the shop; the knocking on the flooring boards woke me; cannot say where the row was; did not hear Hang Suey singing out; there were no girls on the premises that night; saw no woman in the place; had only been two or three days in Cowra at the time; cannot speak English; one of my eyes is dull and I cannot hear very well; I did not see Hang Suey unconscious.

    Hang Suey (cross examined by Mr Gannon): At the time of the robbery I was wearing the trousers I am now wearing; the bundle now produced is not quite as large as the one accused took from me; did not attend the Police Court with a different pair of trousers; lit a candle before entering the shop and placed it on the counter; neither accused nor I left the shop during the row; backed into the kitchen but came out again; know Mrs Hennessy, but do not know the nature of her evidence; accused followed me into the kitchen; went down the passage into the room; saw a match struck outside my shop; did not swear at the Police Court that I did not hear a match struck outside my shop; did not pay any debts on the day after the robbery; take receipts for payments and keep them at home; they are in English; the sums vary from 8s to £1; pay 10s per week rent, monthly; live on the profits derived from small outlay; have a few pounds on me at present but have no other money; do not keep an account of rent payments; paid Wright, Heaton, and Co, £6 odd quite recently, and not during the week following the robbery; paid for some lollies three weeks after; will let the police search my premises if I am allowed to accompany them to give them the key, which is planted; on the night of the robbery I had some loose silver in my pocket under the handkerchief with gold; it was after 10 pm when I heard the knocking at the door on March 5th; was not asleep; lit a candle and took it to the shop; the accused said he wanted to buy some apples; put apples on the counter which accused remarked were green; may have left them on the counter while he went to look for others; did not say to accused “There is a sick woman in there”; if she was there then where is she now? there is a box and spare bed in the back room for a visitor; never had a woman in the house; the accused never went to the room; he did not follow me there; did not bring a lighted lamp from back room; did not lock the door of the room; if I had done so the accused could not have got away; the bedclothes were rolled up with some of my apparel; accused did not come into the back room and say “What are you looking for?” did not catch accused by the arm and say “Give me £20"; there is a shelf in the passage; did not take up a knife from a ledge, and rushing at the accused demand £20; had a small knife in my hand, and the accused in trying to take this from me cut his hand; stated that at the Police Court; the accused struck me on the face and cut it, knocked me down, and escaped by the front door, which was unlocked; backed away from accused, he followed me and meanwhile continued assaulting me with his clenched fist; he had a knife in one hand; he did not wrench a knife and key out of my hand; the key was in the door; did not swear at the Police Court that there was no key for the door and that it was fastened from the inside.

    To Mr Merewether: The silver I had in my pocket under the handkerchief did not fall on the floor; was not looking for anything on the floor while accused was at the place; as soon as accused took my money I seized hold of him and objected to his taking it; he then took up the knife.

    de Rengio Stewart Gardiner deposed he was accountant at the local branch of the Union Bank; remembered Hang Suey coming to the bank and exchanging silver for gold; could not state the amount; did not remember telling a constable the sum; did not have dealings with many Chinese.

    By Mr Gannon: Do not remember the date; the circumstance was not impressed on my memory; Hang Suey always took gold for silver; had been in the service of the bank ten years, and have known the accused about 25 years; also knew the members of his family; his father was Police Magistrate at Wagga up to the date of his retirement; the latter was seriously wounded in the curse of an encounter with Morgan the bushranger; the accused has lived a blameless life and bears a sterling character; have never at any time heard a single suggestion in connection with his reputation; believe him to be possessed of independent means.

    To his Honor: The accused was acting manager of the Commercial Bank at Woodstock at the time of the alleged robbery.

    For the defence,

    Accused [Alfred Stephen Bayliss] deposed he was 36 years of age; was native of the State and educated here; resided for many years at Wagga; had been associated with the Commercial Bank of Sydney for over 20 years, at Young, Morpeth, Moss Vale, Goulburn, and other places, was acting manager at Woodstock on March 5th; held a similar position at Cowra for seven months before that; was still in the service of the bank; was unmarried; his honesty had never been impeached until the present charge was laid against him; had fixed deposits at head office, Delegate, and AJS Bank, Wagga; also held shares in banks; was comfortably off; had something over £1000 lying idle; nothing of an adverse nature had occurred which was likely to be a drain on his resources; was free from debt; nothing unforseen had occurred to cause him to rob a Chinaman; all his brothers held good positions in the State; came to Cowra from Woodstock on the night of the alleged robbery; the run by train from Woodstock takes about 45 minutes; came to Cowra on March 5th; to see some friends, young Middleton being left at the bank, but the keys were in witness’ possession, the entire responsibility of the branch being on him; late in the night was simply killing time while waiting for the midnight train, as the morning train would not reach Woodstock until late in the day; had seen his Cowra friends during the evening; went to Hang Suey’s place, and on looking in the left hand window he thought he could hear someone moving; knocked at the door and it was opened; stepped inside and on striking a match he saw Hang Suey in the shop; asked for threepence worth of apples and Hang Suey placed some on the counter; Hang Suey said he had a sick woman inside who wanted to see witness; followed him into a back room; Hang Suey then brought a lighted candle from the kitchen; they both went to the kitchen, and immediately after Hang Suey knocked some coins on the floor; there were some boxes in the room upon which the bedclothes were piled; Hang Suey started to look about the floor as if he had lost something; asked him what he was looking for and received no reply, he then went to the front door and locked it and shortly afterwards, while between the shop and the passage, he caught hold of witness by the arm and demanded £20, which witness refused to give him; there was no light when they were there, but there was sufficient for him to see Hang Suey pick up a long-bladed knife, with a fixed handle from a ledge; seeing him do this witness caught hold of him and while trying to wrest the knife from him witness received a cut on the inside of his right thumb; did not see a knife with him like the one produced; while endeavouring to reach the door Hang Suey clung to him; succeeded in getting the key and struggling into the passage, where some boxes were knocked over; witness pushed Hang Suey towards the back door where he fell over some boxes; witness then opened the front door and effected his escape; ran along Bridge-street and round Lamplough’s hotel corner; while at Hang Suey’s place he saw no other Chinaman there; saw no more of Hang Suey until some time after at the railway station; arranged to meet Mr Dunlop, manager of the Commercial Bank, Cowra, before leaving for Woodstock but owing to that gentleman having an engagement he was unable to do so; after leaving Hang Suey’s he met Mr Chas Murray and others; had not determined at that period to take action against Hang Suey, hence he made no mention of the disturbance to anyone, and before he was afforded an opportunity to do anything he was confronted by the police; it would have considerably inconvenienced him to have to prosecute; never took anything from the Chinaman; it was untrue that he took any money whatever from Hang Suey; his reason for going round Lamplough’s corner from the shop was to endeavour to prevent Hang Suey from ascertaining his destination; bound his injured hand with a pocket handkerchief; bail was refused after his arrest; told the same story substantially to Sen-sergeant Ritchie, and later on at the Police Court; was of the opinion at the time that Mrs Hennessy saw the disturbance; showed the wound on his hand to Sen-Sergeant Ritchie; Hang Suey was not wearing the same trousers to-day that he wore at the Police Court; Hang Suey swore at the Police Curt that the handkerchief with the money was taken from the left pocket of his trousers; the pocket he showed to the court was a long one; the shop counter is towards the back of the building; it was untrue that he stooped over the counter and took the handkerchief and money from Hang Suey’s pocket; had never been in the back room before that night; saw no female about the place; was prevented from escaping by the front door; tried to wrest the knife from Hang Suey with one hand, while he held the key in the other.

    By Mr Merewether: Had often been in Hang Suey’s shop before; cannot give any reason for Hang Suey’s conduct; Lamplough’s was the nearest hotel to the shop, hence my reason for going past there; when I went to the shop I asked for some apples; was not conscious of having done anything wrong; my friends were not assembled at Links’ hotel; met Mr and Mrs Hay there earlier in the night; the disturbance with the Chinaman was not a subject I would care to mention to every person; would not like to state indiscriminately that I had been assaulted by a Chinaman; owing to Mr Dunlop being engaged I could not let him know; knew where the lockup was; had decided to consider my position as an officer of the bank, hence my reason for not going to the police station to report Hang Suey’s conduct; whilst in Cowra I used often to stroll by Hang Suey’s shop, and that is how I came to be in the locality on the night of March 5th.

    Dr LW Roberts deposed he was a legally qualified medical practitioner and resided at Cowra; knew the accused and remembered when he was arrested; Hang Suey came to his residence on March 6th; noticed a contusion on his cheek which had been caused by a blow or fall on some sharp edged object; had known the accused about 12 months and had seen sufficient of him to entertain a very high opinion of his integrity and honour.

    By Mr Merewether: Would swear positively that the wound on Hang Suey’s fact was not caused by a blow from a fist.

    Philip Squire, storekeeper, Cowra, deposed he had known the accused for about 16 months, during which period he had seen him almost daily; was aware that he bore an excellent character, had never heard anything bad of him.

    J Southey deposed he was a clerk in the employ of the Commercial Bank at Cowra; took charge of the branch at Woodstock when the accused was arrested; examined the cash and books at Woodstock, and had found everything correct; the accused bore a splendid character.

    Testimonials as to the accused’s probity and general conduct as a bank official and citizen were tendered on behalf of Mr TA Dibbs, General Manager of the Commercial Bank, and Mr HD Hay, manager of the Woodstock branch.

    Hang Suey (recalled): I cannot read English; produce all my receipts; paid Wright, Heaton & Co £6 odd on March 31st; some of that money was the proceeds of goods sold and the balance was borrowed from a countryman at Woodstock.

    To Mr Merewether: The chopper now produced is mine; it is the only thing I have to cut vegetables with; have a revolver but do not carry it with me; have left it at my home.

    His Honor said he intended to advise the jury not to convict the accused. The evidence put before the gentleman who had to hear the case in a ministerial capacity was deemed to be sufficiently strong to have the case sent on to a jury. The case now resolved itself into a matter of oath against oath. Bayliss had a character of which any man might feel proud, hence it would be unsafe to convict such a man on the uncorroborated evidence of the Chinaman, Hang Suey, who it had been made plain was unreliable. Under the circumstances it became his duty to direct the jury to bring in a verdict of not guilty. The position Bayliss occupied after the meeting with Hang Suey was an extraordinary one, consequently it was not matter for surprise that he desired to take time to consider it before telling his friends about it. Taking all the facts into consideration he held it would be unsafe to convict on the evidence adduced.

    The jury accordingly acquitted the accused without retiring from the box.

    The accused on being discharged was the recipient of hearty congratulations from his many friends.

~ ~ ~ ~ ~

The Age (Queanbeyan), Fri 17 May 1907 20

DOAN’S REPORTS
INVESTI
GATED.
————


    At the Cowra Quarter Sessions on Monday, before Acting Judge Dawson, Alfred Stephen Bayliss was charged with assaulting a Chinese named Hang Suey, and robbing him of £20, on March 5. Mr Gannon, instructed by Mr D Gilcreest, appeared for the accused. After hearing the evidence, his Honor withdrew the case from the jury, saying there was no evidence in support of the charge. Defendant was acting manager of the Commercial Bank of Cowra during part of last year, and at the time of the alleged offence he was in charge of the new branch at Woodstock.

~ ~ ~ ~ ~

The Manaro Mercury and Cooma and Bombala Advertiser, Fri 17 May 1907 21

INTERCOLONIAL NEWS.
———◦———
(By telegram from our correspondent.)
————

Sydney, Tuesday.

————
A SERIOUS CHARGE BREAKS
DOWN.
————

    The Cowra Court of Quarter Sessions was occupied during yesterday in the hearing of a charge of stealing the sum of £22 from Hang Suey, preferred against Alfred S Baylis, relieving manger of the Commercial Banking Company of Sydney. The offence was alleged by the prosecutor to have been committed during March, when the accused entered Hang Suey’s shop, to buy some apples, and that while his back was turned the accused put his hand in the Chinaman’s pocket and took out a handkerchief containing £22 . Suey alleged that he tried to get his money back, and threatened accused with a pocket knife, when the latter assaulted him. The defence was that accused went to the shop to buy apples and was induced to go into a room where there was a sick woman, and the Chinaman threatened to kill him with a butcher’s knife if he did not give him £20. This he refused to do and had to fight his way out of the Chinaman’s place. The financial position of the accused was good, and he held various shares.

    Accused was defended by Mr James Gannon, of Sydney.

    At the conclusion of the evidence the Judge took the case from the jury, and a verdict of acquittal was returned.

    The case excited a great deal of interest in the district and elsewhere, and the result received general approval.

    Mr Baylis was formerly Accountant in the Cooma branch of the Commercial Banking Company.

~ ~ ~ ~ ~

The Dubbo Liberal and Macquarie Advocate, Sat 18 May 1907 22

SUMMARY.
———


    At the Cowra Quarter Sessions on Monday, before Acting Judge Dawson, Alfred Stephen Bayliss was charged with assaulting a Chinese named Hang Suey, and robbing him of £20, on March 5. Mr Gannon, instructed by Mr D Gilcreest, appeared for the accused. After hearing the evidence, his Honor withdrew the case from the jury, saying there was no evidence in support of the charge. Defendant was acting-manager of the Commercial Bank at Cowra during part of last year, and at the time of the alleged offence was in charge of the new branch at Woodstock.

 



Henry Baylis
, 1826-1905  23

 

Australian Dictionary of Biography 24

    Henry Baylis (1826-1905), police magistrate, was born on 17 April 1826 at Edinburgh, the second son of Thomas Henry Baylis, lieutenant in the 17th Regiment, and his wife Julia Dorothea, née Bartels. On 27 June 1832 he arrived in the City of Edinburgh at Sydney where his father continued his military career. Henry was one of the earliest pupils at The King’s School, Parramatta, and then trained for four years in the legal office of the Fitzhardinge family of Sydney. He worked briefly on a pastoral property near Bathurst, joined a party which overlanded horses to Adelaide in 1849 and after gold was discovered tried his luck in the Mudgee district.

    Baylis entered the public service as clerk of Petty Sessions at Hartley on 9 August 1852. On 1 January 1858 he became the first police magistrate at Wagga Wagga. This small village had developed by 1896 into a thriving municipality of some five thousand inhabitants, and its district, at first pastoral and sparsely populated, had become important for wheat-growing. Baylis played an important part in these developments. As magistrate he presided from 1862 in the courts at Wagga Wagga and each month and sometimes more often at Urana and Narrandera, usually travelling on horseback. Contemporary newspapers reveal the ‘busyness’ of the bench in those turbulent days. Of necessity Baylis was often assisted by another resident magistrate or justice of the peace, a practice which gave the police magistrate added responsibility, yet his leadership on the bench was sound. A contemporary recorded in 1888 that ‘very few of his judgments have been altered on appeal, and many of those appealed against and carried to the Supreme Court have been sustained, and are published in Wilkinson’s Australian Magistrate for the guidance of the magistrates of the Colony’.

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Australian Town and Country Journal, Sat 4 Dec 1875 25

MEDALS FOR BRAVERY IN
RESISTING BUSHRANGERS.
————

THERE have recently been issued by the Honorable the Colonial Secretary, a gold and silver medals to the recipients named below, in recognition of the bravery displayed by them in conflict with bushrangers during the years 1863, 186, and 1866. The medals of silver [sic–gold] are for distribution among the most meritorious of the constabulary. On the obverse side of the head of the Queen, with the words “the colony of New South Wales.” On the reverse is the Australian coat of arms, below which is described the name of the recipient of the medal, and a wreath of flowers and foliage of the Banksia the whole being surrounded with the words—“Granted for gallant and faithful services.” The gold medals were struck at the Sydney Mint. The gentlemen to whom gold medals have been awarded are:—

    Robert Lowe, JP, Mudgee, who shot a bushranger named Heather, near Slapdash, on the 7th of April, 1863.

    Henry Baylis, PM, who was dangerously wounded on the 21st of August, 1863 while in pursuit, as a volunteer, of the bushranger Morgan, and who is supposed to have shot or caused the death of Morgan’s mate.

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The Maitland Mercury and Hunter River General Advertiser, Sat 7 Jun 1879 26

Henry Baylis, n.d. Image: Museum of the Riverina, Wagga Wagga. Reproduction: Peter de Waal
Henry Baylis, n.d. Image:
Museum of the Riverina, Wagga Wagga.
Reproduction: Peter de Waal

  THE CASE OF MR BAYLIS, PM,
WAGGA WAGGA.
————

    The papers relating to Mr H Baylis, PM, Wagga, moved for by Captain Onslow, have been printed pursuant to an order of the Legislative Assembly. The petition of Mr Baylis shows that he entered the service as CPS, Hartley, in 1852, and was promoted in 1858 to the position which he at present fills. The petition gives a detailed account of his encounter with the bushrangers Morgan and Clark, one of the shots fired at him on the occasion having shattered his right thumb, glanced off it and entered his right shoulder, splintered pieces of his backbone, and passed out at his shoulder blade. It was seven months before the broken pieces of his backbone were extracted and the wound healed up. The Colonial Secretary, Mr Cowper, complimented him on his zeal and courage, and the Police Department paid £50 for medical attendance, and £20 in 1865, the wounds having broken out, causing him long and painful illness. The petitioner says that little doubt exists that his shot killed Clark, as the clothes found on the remains of a man discovered in the Mohonga scrub, 1865, answered the description of those worn by missing Clark. The petitioner, having been selected by the Government in 1870 as appraiser of runs in Wagga, Albury, Tumut, and Gundagai, states that in consequence of the fatigue which he underwent in a boggy country from continuous rains the wound broke out again, and he was allowed £10 for medical attendance. For his duty he received £1 per day for travelling expenses, but when making up his accounts on the completion of the work he was just £2 out of pocket. The only recognition of his efforts to suppress crime, &c, has been a gold medal presented to him by the Government in 1875. He states that his services have never been found fault with by the Government, that in no instance has any of his decisions been upset on appeal, and that some of his important decisions, as confirmed by the Supreme Court, have been quoted in “Wilkinson’s Australian Magistrates” fo the guidance of the magistrates of the colony.

    In complaining of his sufferings within the past three years, he says that no allowance has been made by the Government for medical and other necessary expenses, and states that the late Inspector-General of Police and the present Inspector-General have expressed an opinion that he should have been allowed £5 a year at least since he was wounded. Inspector-General Fosbery stated that in his opinion Mr Baylis’s case was deserving the consideration of the Government, with a view to his being awarded some compensation for the injuries he received while in the execution of public duty; and Mr Leary caused the petitioner to be informed that the question of granting a gratuity would be submitted to the cabinet with a view to placing a sum of money on the Estimates. The correspondence, however, shows that no increase to Mr Baylis’s salary has been proposed.

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Sunday Times, Sun 9 July 1905 27

EX-MAGISTRATE KILLED BY TRAIN.


    The late Mr Baylis was a prominent member of the King’s School Old Boys’ Union. He attended that school in 1834, being associated with the late Rev GF Macarthur (afterwards Principal of the school), the Hons GH Cox, JC Ryrie, the Blaxland, Suttors, Futters, and others. While there he took part in the now famous barring out, about which so much controversy has taken place between the participants, and he wrote a long article for the “School Magazine” last year. He was a man of fine physique and strong character, and left a large family of sons, all of whom passed through the King’s School; and altogether there have been 13 of his relatives at that institution.

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Australian Town and Country Journal, Wed 12 Jul 1905 28

THE LATE MR HENRY BAYLIS.


    The deceased gentleman was about 80 years of age, and retained his mental and physical vigour right to the last. He was a well-known figure at the annual dinner and other functions of the King’s School Old Boys’ Union, being conspicuous by the medal awarded him by the Government.

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The Sydney Mail and NSW Advertiser, Wed 12 Jul 1905 29

THE LATE HENRY BAYLIS.
————

    Last week’s “Mail” contained an excellent snapshot of the veteran Mr Henry Baylis, standing beside Me Beveridge at the Sheep Show. The paper came out on Wednesday morning, and there were many comments, as there had been at the show, on the vigour of the gallant ex-magistrate. A few hours later the subject was dead. Mr Baylis, who had been residing at Summer Hill of late years, was a member of the Parramatta Pensions Board, and was returning from a meeting of the board on Wednesday afternoon, when in endeavouring to cross the line at Homebush about 4 pm, so as to avoid the climb up and down the steps of the overbridge, he was struck by the 3.30 pm train from Sydney. A fractured leg and arm and internal injuries resulted. Dr Hetherington, of Burwood, attended Mr Baylis, but realising there was little hope of saving his life, he directed the removal of the sufferer to his home at Summer Hill. He was conveyed from the Summer Hill railway station by the Civil Ambulance Brigade, but breathed his last almost directly after reaching his residence.

    Mr Baylis was one of the most notable of our early magistrates. He was possessed of indomitable courage and great endurance, and during the stirring days when bushrangers made certain parts of the State dangerous for travellers his presence was regarded by the settlers as an assurance that efforts to quell the disturbers would not be carried out in any half-hearted way. For the great bravery in a personal encounter with Dan Morgan’s gang of four bushrangers, Mr Baylis was presented with a special gold medal of merit. It was during the sixties Morgan and Clarke fired at Mr Baylis, who was seriously wounded, and the magistrate’s shot rang out almost simultaneously with that of one of the men. Morgan escaped at that time, but Clarke was not seen again.

    After his schooldays were over young Baylis went into the office of Mr Fitzhardinge (solicitor), the father of Judge Fitzhardinge, and subsequently he gained colonial experience on a station near Bathurst. He, with a party of four, was the first man to go down the Murrumbidgee River track with horses for the Adelaide market. He was afterwards clerk of petty sessions at Hartley, and for 38½ years was the police magistrate at Wagga Wagga, where he was held in general esteem. In July, 1896. He retired from the magistracy.

    The deceased gentleman has left eight sons and one daughter. His sons are Messrs JJ Baylis, of Goonahra [sic– Goonigal] stud farm, Narrandera; HG Baylis, of the Dubbo Survey Office; HM Baylis, solicitor, of Wagga Wagga; RD Baylis, of the Public Works Department; FG Baylis, of the Supreme Court; FA Baylis, of the Audit Department; A[lfred] F [sicStephen] Baylis, manager of the Commercial Bank branch at Delegate; and ACL Baylis, of the Registrar-General’s Office.

 


1     The Sydney Morning Herald, Sat 29 Jun 1918, p. 9. Emphasis added.

2     The Daily Telegraph, Tue 2 Jul 1918, p. 3.

3     The Sydney Morning Herald, Tue 2 Jul 1918, p. 4.

4     SRNSW: NRS1933, [3/6032], Foreigners photographic description book, No. 3225, p. –.

5     SRNSW: NRS2467, [3/6098], State Penitentiary photographic description book, 5 Mar 1918-2 Aug 1918, No. 16210, p. –.

6     Newcastle Morning Herald and Miners’ Advocate, Mon 3 Jun 1918, p. 4.

7     Daily Advertiser, (Wagga Wagga, NSW), Mon 3 Jun 1918, p. 2.

8     Singleton Argus, Tue 4 Jun 1918, p. 1.

9     The Sydney Morning Herald, Tue 4 Jun 1918, p. 8.

10   The Maitland Weekly Mercury, Sat 8 Jun 1918, p. 6.

11   Cowra Free Press, Thu 7 Mar 1907, p. 4. Emphasis added. Quotation marks transcribed as found in the newspaper report.

12   Canowindra Star and Eugowra News, (NSW), Fri 8 Mar 1907, p. 2. Emphasis added.

13   Cowra Guardian and Lachlan Agricultural Recorder, Sat 9 Mar 1907, p. 4. Emphasis added.

14   Cowra Free Press, Thu 14 Mar 1907, p. 2. Emphasis added.

15   According to Merriam-Webster: “capitalized Celestial Empire, old name for China: of or relating to China or the Chinese.”

16   The Burrowa News, (NSW), Fri 15 Mar 1907, p. 3. Emphasis added.

17   The Wagga Wagga Advertiser, Tue 19 Mar 1907, p. 1.

18   The Sydney Morning Herald, Tue 14 May 1907, p. 5.

19   Cowra Free Press, Thu 16 May 1907, pp. 6, 7. Emphasis added.

20   The Age (Queanbeyan), Fri 17 May 1907, p. 6.

21   The Manaro Mercury and Cooma and Bombala Advertiser, Fri 17 May 1907, p. 2.

22   The Dubbo Liberal and Macquarie Advocate, Sat 18 May 1907, p. 4.

23   The author wishes to thank and acknowledge Samantha Leah, Wagga Wagga Museum Assistant, Collections and Programs, for her contribution, and the following:

    “ I think he [Alfred Stephen Baylis] was more estranged and probably struggling to live a double life than a black sheep. He was very successful professionally, as he was relieving assistant manager at the Commercial Banking Company in Sydney at the time he died. He was worth about four thousand pounds, and his will gave his inheritance to his unmarried ‘old maid’ nieces (they are referred to in the will as such) and select nephews. The executors of the will was a professional company, not family, and he did not attend the grand funeral of his very esteemed eldest brother in January of that year. The family did not take out a newspaper notice for Alfred’s funeral. But, again, if this is connected to his suicide or his personal life I cannot tell. And you are right, he was unmarried at 47. He suffered from rheumatoid arthritis, and this is given as the reason for his suicide. The case with Hang Suey [see: Alfred Stephen Bayliss, 1907, above] is interesting, when he says the Chinaman tried to blackmail him—I wonder if there is more to it than the alleged theft. But a lot of unknowns!

    It may also interest you to know that Henry Baylis was police magistrate, and as such presided over a few sodomy cases in Wagga. Henry died in 1905 (hit by a tram in Sydney) and Alfred was at his funeral (I think, there is a typo in the family names) and received an equal portion in the will.

    He seems to have been very active in the theatre at Delegate, but I cannot tell if this interest continued once he moved to Sydney. He is buried at Waverley Cemetery in the General portion, which is unusual as his family were very Anglican and are buried at Rookwood or Wagga in the Anglican portion. This is probably related to his suicide.

    I have also found the name ‘Alfred Bayliss’ in some newspaper articles in connection to sly-grog shops, but cannot tell if it is the Baylis/Bayliss I am researching.”

24   Australian Dictionary of Biography, Vol. 3, 1969. K. J. Swan, ‘Baylis, Henry (1826–1905)’.

25   Australian Town and Country Journal, Sat 4 Dec 1875, p. 392. Emphasis added.

26   The Maitland Mercury and Hunter River General Advertiser, Sat 7 Jun 1879, p. 14.

27   Sunday Times, (Sydney, NSW), Sun 9 Jul 1905, p. 8.

28   Australian Town and Country Journal, Wed 12 Jul 1905, p. 23.

29   The Sydney Mail and NSW Advertiser, Wed 12 Jul 1905, p. 99. Emphasis added.