Person:Ann Hunt (35)

Watchers
Ann Elizabeth Hunt
m. 11 Jun 1853
  1. John Thomas Hunt1855 - 1857
  2. Mary Jane Hunt1856 - 1923
  3. Martha Ellen Hunt1858 - 1935
  4. Ann Elizabeth Hunt1860 - 1870
  5. Samuel Francis Hunt1862 - 1938
  6. William Augustus Hunt1865 - 1932
  7. Charles Henry Hunt1867 - 1869
  8. George Arthur Hunt1869 - 1923
  9. John Henry Hunt1871 - 1942
  10. Clara Agnes Hunt1873 - 1960
Facts and Events
Name Ann Elizabeth Hunt
Gender Female
Birth? 30 Oct 1860 Fryerstown, Victoria, Australia
Death[1][2][3][4][5][6][7][8][9][10] 18 Feb 1870 Glenluce, Victoria, AustraliaMurdered. Ah Pew convicted and hung.
Burial? 21 Feb 1870 Vaughan, Victoria, Australia
References
  1. Current Topics, in Geelong Advertiser
    No. 7264 - Tuesday February 22 1870, page 2, 12 Aug 2022.

    - - .The quiet neighbourhood of Glenluce
    has been horrified by the murder of a little
    girl, the daughter of a farmer named Hunt,
    who for some time has resided at Glenluce.
    The details of the crime will be brought
    out at the inquest, but so far as we (M. A.
    Mail) have been able to glean, it appears
    that the murdered child attended a school
    situated at about two miles distant
    from her home. On Friday she went
    to school as usual and did not return.
    Her parents were naturally anxious at
    her absence, and a search was instituted.
    Glenluce and its surrounding localities is
    full of prospectors' ravines and deep valleys,
    besides being pretty well timbered. Through
    this kind of country the girl, who was nine
    years of age, had to walk daily. It was,
    therefore, at the most surmised that sbe had
    either only lost her way, and would he
    easily recovered, or that, if any fatality
    had overtaken her, it was by falling over
    some rock. The search was continued as
    far as possible during Friday night, and
    on Saturday the unfortunate-child was
    found in a small drive at the bottom
    of a broad hole about five feet
    deep, and quite dead. When discovered,
    she was lying with her face uppermost, and
    the drive was not long enough to admit
    the whole of her body. The face was par-
    tially covered with sand and leaves, and
    inasmuch as some of the sand had passed
    into the oesophagus there can be little
    doubt but that she was alive when the sand
    was forced into her mouth. On examina-
    tion, it was evident. that she had been
    beaten about the head, though not with
    sufficient force to break any bones. There
    had evidently been great pressure towards
    the neck, and behind, both eyes heavy
    blows with a blunt instrument had been
    delivered. The deceased was a fine grown
    girl, and she has doubtless been the victim
    of some scoundrel who, failing to accom-
    plish his first vile intent, deprived her of
    life, probably to prevent her afterwards
    identifying him. The child was seen by
    one or two of her playmates a short time
    before her life was taken, and we under-
    stand that a Chinaman has been arrested
    on suspicion of being the perpetrator of the
    double crime. Drs Malcolm and Hare
    examined the body, and yesterday Drs
    M'Grath and Hutchinson were also sent to
    examine, and will give evidence to-day.
    It need scarcely be said that the police are
    using every means which the claims of
    justice and duty have on them, to bring
    the murderer to the hangman's hands.

  2. The Glenluce Murder, in Mount Alexander Mail
    No. 3410 - Wednesday February 23 1870, page 2, 12 Aug 2022.

    THE GLENLUCE MURDER.
    (INQUEST OF THE BODY.)
    The following was the evidence taken at
    Glenluce at the inquest on the body of the
    murdered child Hunt. Dr. Mackay, the district
    coroner, held the inquiry. Mr Superintendent
    Winch was also present, and aided to elucidate
    the facts of the case.
    Samuel Hunt deposed : I am a farmer and
    dairyman, and reside at Glenluce. The de-
    ceased, Ann Elizabeth Hunt, the subject of this
    inquiry, was my daughter. She was nine years
    of age last October, and was always healthy and
    robust. On Friday, the 18th February, the de-
    ceased Ann Elizabeth, left home for school about
    8 a.m. that day. She was then in good health.
    I saw her last when that day at breakfast. She
    carried her books with her. There were no
    marks about her face or any part of her body
    when she left for school that day. The book
    produced is tho one she took with her. She
    usually returned between 5 and 6 p.m. The
    distance between my house and the school is
    about 2.5 miles. The only parties on the line of
    road on which she was seen coming that night,
    were the Chinaman and Mr Clifton. I have seen
    the Chinaman now in custody several times at
    my house, purchasing eggs and honey. There
    were two other of my children at school with the
    deceased, but when the school dismissed at night
    the elder, and younger took a different road home,
    as the deceased had to go with some money to
    the schoolmaster, who lived in a direction off the
    ordinary road home from school. I warned my
    children several times not to go near the China-
    men, as they told me they had chased them. The
    Chinaman in custody is one of those who pre-
    viously chased them. The elder girl told me
    that the Chinaman in custody, Sing Yem, tried
    to catch hold of her leg, as he said she had pulled
    some melon plants of his in his garden. I am
    not aware of their having ever been in his
    garden. About 5 p.m. on Friday last, the 18th
    inst., the little boy and my other daughter re-
    turned home from school. They said to mother,
    Annie had gone with the money for the yeast,
    and that she was coming the other way home.
    About sundown my wife got uneasy at the
    deceased not coming home, sent the elder
    girl to Mrs Clifton's to see if Annie was there. I
    came home after sundown, and on hearing that
    Annie had not returned, I got uneasy, and im-
    mediately went in search of her. My daughter
    Martha Ellen told me that the deceased was to
    return, by the road close by the Chinese hut. I
    went that road to look for her. I went to look
    for her about half-past 7 p.m. I called at Mrs
    Clifton's a mile from my house, and asked there
    for the deceased, but they said they had not seen
    her that day at all. She was generally in the
    habit when returning that way from school to
    slop at Mrs Clifton's. I then went to the school-
    master's to inquire for her; he was not at home,
    but his daughter Ellen told me she saw the de-
    deceased nearly on top of the hill, going towards
    Clifton's, between the school and the Chinnman's
    hut. Leonard Naylor and myself and Mr. Clifton,
    then went and searched all the holes. All the
    neighbours also turned out with lights, and
    searched every place, but we could not find her.
    I went to the Chinaman's hut about 1 a.m. on
    19th February, and put him out of bed and
    asked him if he had seen my daughter, but he
    said he did not see her at all that day. The
    Chinaman lives alone in the hut. We dis-
    continued our search for a short time, and com-
    menced again about daylight on Saturday. We
    went down by the Loddon all way to the
    flume. I searched every place where we
    thought she could have fallen. About a quarter
    to 8 o'clock I came to a gully, and searched along
    it in the holes till I came to the top. I there saw
    a digger's paddock, I looked down and could see
    nothing, but when going along the side of
    the paddock in the direction of my house, my eye
    caught the end of a drive. I then stooped down
    and looked into it, and then saw the body. I
    then jumped down into the place and put my
    hand over the mouth to see if there was life. I
    identified it immediately as the body of my
    child. The drive was 18 inches from the bottom
    of the hole, and about two feet-from the top. The
    body was lying on its back, the feet inwards, and
    the head towards the outer end of the drive, but
    no part of the body exposed. The paddock was
    an old deserted one. Immediately after I found
    the body I cooyed to the others, who were search-
    ing, who came, but we did not disturb the body
    nor alter it from its position till the police came.
    I saw some leaves at the bottom of the paddock,
    and the sand was as if it had lately been turned
    up. The hat produced was my deceased
    daughter's hat; it was not so much torn as it is
    now when she wore it. I left Mr Addley in charge
    of the body in the drive till the police would
    come.
    Alfred Deforest deposed : - I am a student at
    the Glenluce school, and knew the deceased Ann
    Elizabeth Hunt. On Friday, after school hour I
    saw her at our house. She left some money for
    yeast with my mother. She did not stay any
    length of time but went away home. The
    shortest way from our house to her home would
    have been by Clifton's, and the Chinaman's hut.
    I never saw her alive after that. There was
    nothing wrong with her when she was at our
    house.
    Robert J. Addley, who assisted to search for
    the body, after giving corroborative evidence,
    said "the only marks on the body were such as
    could have been made by one on his knees push
    ing something into the drive."
    Henry Louis O'Hara deposed:- I am a
    legally qualified medical practitioner, and reside
    in Fryerstown. On Saturday last, about 8 a.m.,
    I was called by Constable Bell to go to Glenluce.
    I accompanied him to the place where the body
    of a girl was found dead in a hole. The body
    was lying on its back in a drive. The arms, were
    lying close to the body; the legs were drawn up.
    There was some blood running down from the
    back of the head on the side of the paddock.
    The body was taken out of the hole, and laid on
    the surface near the paddock. The eyes were
    closed, the hands were clenched, but contained
    nothing but a small bit of gum, which was in one
    of them. The clothing was entire. I saw the
    mouth was filled with gravel, both inside and
    outside the jaws. The cheeks were distended
    with gravel and clay as if it had been pushed in
    by some one. The gravel and clay resembled
    and corresponded with that in the paddock. I
    examined the head externally, and found two
    wounds of the scalp over the temporal bone and
    ear of the left side. One wound was down to
    the bone, the other was not so deep. They
    might have been made by means of a stone. The
    wounds were made before death. The stone
    produced could have made the wounds, or they
    could have been made by the heel of a boot. The
    forehead was much contused, but there were no
    wounds. There was a superficial wound under
    the left eye, over the malar bone. There were
    contusions all over the front and sides of the
    neck down as far as the collar bone. These
    contusions could not have been made by an or-
    dinary fall. My opinion is the contusions were
    caused by pressure with foot on the neck.
    There were scratches on the neck, as if they were
    made by shoe-nails. There were abrasions on
    the skin on both knees. I examined the organs
    of generation. I did not find any wounds or
    contusions externally. There was no swelling
    of the labia. I found the upper edge of the hy-
    men was torn, but not ruptured through. I
    could not say if it had been torn recently. I ex-
    amined the Chinaman in custody. I found a
    recent abrasion on the left knee, under the pa-
    tella. There was ecchymosis there, as well as
    abrasion.
    Thomas M'Grath, M.D., gave evidence of the re-
    sult of the post mortem examination made in
    conjunction with Dr Hutchison ; I think the
    death was caused by having been first stunned by
    violence then suffocated by pressure on the neck
    and stuffing, the mouth with gravel and clay.
    The ecchymosis at the parts was caused by
    violence used there during life. The abrasion
    on the knee, was of recent date.
    Dr. Hutchison had given evidence similar to
    that of Dr M'Grath. The Coroner briefly ad-
    dressed the jury, who returned the following ver-
    dict:-
    " We find that Ann Elizabeth Hunt, aged nine
    years, was found dead in a paddock drive, Emu
    Hill, Glenluce, on tho 19th day of February, 1870,
    and that her death was caused by having been
    first stunned, and then suffocated by some person
    or persons at present unknown, after attempted
    violation of her person.

  3. Local and General News, in Kyneton Guardian and Wooden and Malmsbury Chronicle. (Victoria, Australia)
    No. 772 - Saturday March 5 1870, page 2, 15 Aug 2022.

    THE Mount Alexander Mail-.—We yesterday
    visited the scene of Glenluce murder. The crime
    still continues to terrorise some of the inhabi-
    tants of the locality who naturally feel unwilling
    to send their children to school with remem-
    brance of Annie Hunt's death before their eyes.
    Mr De Forest, the teacher of the common
    school, is therefore a considerable pecuniary
    loser. This is not the first brutal scene Glenluce
    has witnessed. Twelve years ago a hawker was
    murdered on the road from Melbourne, and
    conveyed to this spot, and his body burnt not
    far from where the unfortunate girl met her un-
    timely. death. In reference to it the public hope
    that the extraordinary efforts the police are
    making will secure justice to the assassin.

  4. Current Topics, in Geelong Advertiser
    No. 7278 - Thursday March 10 1870, page 2, 15 Aug 2022.

    [..]
    A reward of £100, and a free pardon to an accomplice, is offered for the discovery of the murderer of Ann Elizabeth Hunt, at Glenluce, on the 18th ult.

  5. Castlemaine Police Court, in Mount Alexander Mail
    No. 3425 - Saturday March 12 1870, pp 2-3, 15 Aug 2022.

    CASTLEMAINE POLICE COURT.
    Friday March 11 th .
    (Before Mr Heron, P.M. Dr. Meears, Messrs
    Burnett, Ball, and Pearce,J.P.s.) ..
    Murder. — Ah Peew was charged with having
    murdered Annie Hunt, at Glenluce, on February
    18th. Mr Superintendent Winch, who conducted
    the case for the prosecution, said it was unneces-
    rary for him to make any preliminary remarks,
    his duty was to adduce evidence in support of the
    charge. The case would be fresh in the memory
    of the Bench. Mr Paynter appeared for the pri-
    soner.
    The following evidence was then taken
    T. L. Brown, surveyor, produced the plan of
    the ground at which the alleged outrage was
    committed, with all the roads there, the huts,
    residences, &c.
    Senior-constable Bell, In charge of the Fryers'
    police, stated he accompanied Mr Brown, and
    pointed out the different places which he knew of
    his own knowledge.
    Samuel Hunt, deposed : "I am a farmer, resid-
    ing at Glenluce, and father of the deceased child,
    she was nine years of age the 30th of October,
    last, she was healthy and robust. I remember:
    Friday February 18th cannot swear I saw her
    that morning, as I left home at half-past seven.
    Did not see her alive after that hour. She was
    in the habit of going to De Forest's School, two
    miles distant from her home. The other two
    children usually went with her. The eldest child
    was aged 12 years. Returned home three times
    in the day. The last time at sundown. Saw
    two of the children returning home at half-past
    four, they were the older girl and little boy. Went
    out again and returned home at seven o'clock,
    Annie was not then home. As the girl was not
    home a general search was instituted by a number
    of persons. ln the course of inquiry went to Sheng
    Yem's hut. Mr Leicester was with him. On
    the following morning went to Emu Gully, and
    saw in a paddock that the sand was disturbed in
    the deepest part of it. The paddock was six feet
    deep. The sand was recently disturbed. Looked
    round and saw nothing. Stooping down saw
    the head of the child in the end of the drive. I
    jumped down into the paddook, and put my
    hand on the child's mouth to see if she was alive.
    She was dead. The feet were in the drive. She
    was on her back. Cooeed and someone came. Mr
    Warburton apd Mr Addley were first to come.
    Had previously sent for the police. Could not
    say who came first to the cooey. Identify the
    hat of my daughter, (produced). It is now torn.
    And I also identify the girl's school book found in
    the hole with her. Left Mr Addley in charge of
    the body. There are two roads from the school
    house to my house, one by Clifton's, and another
    a more direct route. The girl Annie some
    times came home alone as, she was sent with
    errands. They generally came home together.
    Knew the prisoner for three years ; the prisoner's
    hut is one mile and three quarters from my house.
    If the girl came home by Clifton's she would
    have to pass Ah Peew's. The prisoner was
    often at my house buying dairy produce. Pri-
    soner was intimate with the. children, and always
    brought them lollies. I believe the child would
    have gone anywhere with him to get gum or
    rabbits. The prisoner speaks a little English.
    The paddock where the child was found he be-
    lieved was less than 500 yards from the usual
    track. The child was frightened of other China-
    men.
    During giving his evidence, the witness was
    evidently suffering the deepest emotion, and was
    unable to restrain his feelings.
    Annie Elizabeth Hunt deposed : I am wife of
    last witness, and mother of the deceased child.
    Remember February 18th. - On that day the
    deceased with the other two children went to De
    Forest's school. They left home at half-past
    eight a.m. Identify the hat (produced) as the
    one my daughter wore that day. It was not torn
    then as now. It was a little torn. I also identify
    the school-book (produced) as the one she took
    with her. The other children, Martha Ellen
    and Samuel, returned at half-past four p.m.
    Annie was not with them. Never saw her again
    alive. Knew Ah Peew's hut. The children
    would pass by his hut coming home by Clifton's.
    Knew the prisoner for three years. Ah Peen is
    a miner ; Prisoner often came to her house to
    buy produce. The last time she saw the pri-
    soner at her house was from five to six months
    ago. Ah Peew was always smoking. He
    smoked English tobacco. He had a long
    stem clay pipe. He had a short stem clay
    pipe with a bit of brass on it, and a third, a
    wooden one' bent in the handle. The pipe (pro-
    duced) is very much like the one I saw Ah Peew
    use. I recollect taking one like this from off the
    safe when I gave him a cup of tea. Could not
    swear to the pipe produced. Have removed
    others. Never saw one more like the pipe. It
    is about six months since I saw the pipe. The
    prisoner was on friendly terms with the children,
    and served all alike with lollies. She would run
    away from Chinamen but not from the prisoner.
    The child's hair was platted on the morning of
    the day of her death, and tied up with black
    gimp. The gimp produced is the same. The
    hair in the gimp, is the same colour as that of
    the girl's. Had not told the child to call at the
    hut that day.
    Albert De Forest deposed : I keep a school at
    Glenluce. The deceased girl attended my school.
    Remember February 18th. She was at school
    on that day, with her sister and brother. They
    left at half-past four p.m. that day. Never saw
    her alive after. Saw her dead the next day.
    There were no marks of violence about her when
    she left the school. I know the prisoner. After
    the child's body was found, the prisoner came to
    me. The prisoner was in the habit of coming to
    me for advice. Prisoner seemed to be in trouble.
    This was on the Sunday after the child was
    murdered. Cannot recollect the exact words the
    prisoner used, but supposed it was for asking for
    advice. My impression was that prisoner was
    troubled at being suspected of the crime, and that
    the Chinamen were angry with him for admitting
    he saw the child after she left the school. Ad-
    vised Ah Peew to tell the truth. Prisoner came
    back on the morning of the inquest, during
    school hours. John Greenwood was present.
    Either Mr Greenwood or myself asked Ah Peew if
    he could prove where he wns at the time of the mur-
    der. Prisoner replied that he could, and added
    that he waa home making a cradle hopper for
    Sheng Yem until 5 o'clock, and then had supper
    with his four mates, and after that was sitting in
    front of his place where seen by my children
    about sundown. To Mr Paynter : Cannot re-
    collect the precise language used of the first con-
    versation. Before re-called, the Bench told me
    my evidence was not comprehensible. My
    memory did not get better after this.
    Eleanor de Forest deposed. Am wife of last
    witness. Remember the day in question, and
    the girl being at school. Did not see nor know
    which way the girl went. Prisoner used to
    bring the children lollies and fruit. The day
    after the inquest saw the prisoner at her house.
    On the Saturday and Sunday after the child's
    death prisoner came to her. Prisoner seemed
    hurt at being suspected of the murder. Prisoner
    wished her to say to every one that he was a
    good Chinaman. She said she would. On the
    Saturday prisoner inquired if Mrs Hunt thought
    he killed the child. Told him Mrs Hunt did,
    and that Mrs Hunt said, " What for Ah Peew
    kill my child ?" Prisoner said, " What for me
    kill her? — Me no kill her." Prisoner said his
    mates were angry at his saying he see the little
    girl. Prisoner said, " What for me tell him
    lie, me see little girl?" Prisoner said the
    little girl had been at his place.
    Eleanor de Forest, daughter of the last wit-
    nesss, deposed : Remember Feb. 18th. Know
    the deceased girl. She was at school that day.
    Saw the deceased pass the house, and go towards
    a tunnel. The tunnel is between Ah Peew's and
    her house. Saw her again at about five o'clock.
    She was on the north end of Clifton's Hill, op-
    posite our house. I was at our house outside.
    Deceased was going over the point of the hill in
    the direction going to her home. Never saw her
    again alive.
    Robert Warburton, a miner of Glenluce, de-
    posed : I remember the 18th Feb. I was one of
    the search party. This witness said it was he
    came when Mr Hunt called, and he also de-
    scribed the position of the child in the drive.
    The head was two feet from the surface, and two
    from the bottom. Was there when a trooper
    came, also Senior-constable Bell. Saw Constable
    Bell find a child's hat, a pipe stem, a
    book, and a bowl of a pipe afterwards. The pipe
    produced is the one. Some bits of ribbon were
    also picked up near the body.
    Robert Addley, of Holcombe, corroborated the
    statements of the circumstances of the finding
    the child. He thought the marks in the pad-
    dock were like knee marks, and there were
    scratches in the bottom of the paddock. The
    eyes of the deceased were covered with dust.
    The knee marks were on the bottom of the pad-
    dock in front of the entrance to the drive.
    Cross-examined by Mr Paynter : The girl was
    above the usual size for nine years.
    Mounted-constable Coghlan, stationed at
    Fryers and the one referred to by a previous
    witness, corroborated what had been deposed to
    during his presence there. The feet were turned
    as if the body had been thrust in the drive feet
    first. On the Sunday following the finding of
    the body told the prisoner, he would be required
    as a witness. Prisoner said " all right." Held
    a conversation afterwards at his tent. Asked
    prisoner if he remembered which way the little
    girl went home on Friday evening. Prisoner
    pointed to the tracks and said sometimes she go
    one way and sometims the other. Prisoner said
    that when the girl passed he was mending a
    cradle for Shing Yem. Prisonor said the cradle
    was finished at 5 o'clook. Prisoner said he did
    not go to any place after, but had his supper, and
    did not go out. Prisoner also said his mate
    could prove he did not go out of the tent after
    the child left. Told Ah How (the mate) and Ah
    Peew to attend the inquest. On the same even-
    ing received a lock of hair, some braid, a stone,
    and other things, and delivered them to the Go-
    vernment analytical chemist, on Thursday Feb.
    24th. Was at Glenluce with Fook Sing, and
    Detective Kennedy and Walker, and Ah How
    and Ah Peew were arrested. Returned on the
    25th. Their tent was searched and a hat (pro-
    duced) found, thread, string, shirt, and other
    articles. The string on the pipe, also the
    thread is similar to that found in the hut.
    Senior-constable Bell deposed : remembered
    the 19th February. From information received
    went to the gully in which the body was found.
    Found mounted-constable Coghlan, Mr Addley,
    Mr Clifton, and others there. Saw the body
    from the surface. The body was in a drive in a
    digger's paddock. The paddock is almost 8 feet
    long by 6 feet 6 inches deep on one side. The
    mouth of the drive was 2 feet 6 inches from the
    bottom of the paddock. Searched the paddook
    and found the articles previously enumerated, in-
    cluding some pieces of gum scattered about and
    some covered over with leaves. The pipe when
    found presented the appearance of being recently
    smoked. The oil was thin. From the bowl of
    the pipe some fresh oil was oozing, and oil had
    oozed from the broken stem. The oil dried up
    24 hours afterwards. The ashes in the pipe were
    white. There was European tobacco in the pipe.
    Examined the body, and saw gum on the palms
    of the hands. There were marks of fingers on
    the bottom of the paddock in some fine sand.
    There was some sand and gravel on the face.
    Blood had oozed from the nose, eyes, and mouth.
    Found the hat and book in the drive at the feet
    of the corpse. Saw marks of violence on the
    body. There were contusions from the shoulder
    blade to the cheek. The neck had escaped. Cut
    a small look of hair from over the left ear and
    gave it to Coghlan. On the same day (Satur-
    day), at about 3 p.m., went with Dr Malcolm to
    the hut of the prisoner ; Ah Prow, the mate of
    the prisoner, was there. Asked the prisoner,
    " You savee Sheng Yem." Had a pipe rolled up
    in some paper, and began to unroll the paper.
    Prisoner said, " Me no savey, that no mine ; this
    mine." At that time he had not seen the pipe,
    and went to the bed and got another pipe (pro-
    duced) and showed it to witness. Prisoner had
    only seen a small portion of the stem of the pipe.
    Dr Malcolm was present; Fook Sing took posses-
    sion of the pipe. Asked him if ha saveed Shing
    Yem. Prisoner say " he my cousin." Asked him
    when he last saw him. Prisoner said "he come
    to my place 6 o'clock yesterday morning to get
    him cradle mended ; he went away. and he see
    him no more since." Prisoner showed me a
    hopper of a cradle which had been repaired.
    Asked him if he had seen Annie ; he said " yes,
    she called here when me mending cradle at 4
    o'clock. Asked him about a boiler ; she remained
    five minutes outside ; did not go inside." I
    asked "what way she go home." Prisoner
    pointed to some rocks about 150 yards away in
    front of his hut, and said be saw her last there.
    Asked him where he had been, if he had been out
    after the girl passed. Prisoner said "no, me
    mend cradle," and did not go out till next morn-
    ing at 8 o'clock. Left then. Was at his place
    again on Sunday; afterwards went to the pad-
    dock, where I discovered a stone on which was
    blood and hair; this I gave to constable
    Franklin. Saw the prisoner again and had a
    conversation with him, about the child. He re-
    ferred to the girl Clifton ; he said " Jessie sitting
    other side of the creek, (some twenty yards from
    the hut.) Annie passed Jessie, saw Annie no
    more ; Jessie was sitting there after Annie left."
    On the Tuesday after went to the paddock again
    and took a piece of earth from the spot on which
    the head of the deceased was lying, there was
    blood on it. I gave that earth to detective
    Walker on the 24th. Arrested the prisoner on
    that day. The next day searched the hut, in
    company with them, and found the other things
    produced.
    James B. Malcolm, M.D., deposed: On Satur-
    day, February, 19th, went to the paddock where
    the child's body was found. Went afterwards to
    AhPeew's tent with senior-constable Bell. Heard
    Bell ask about the pipe, and Ah Peew get one and
    say that was it, at the same time taking one from
    the bed. Bell was in the act of unrolling the
    paper from another pipe when Ah Peew spoke.
    Heard the most of the conversation ,as stated by
    constable Bell. To. Mr Paynter : Examined the
    bodies of Ah Peew and Ah How, and saw no trace
    of crime on; them, To Mr Winch : Was not
    asked by the police to do this.
    Ah How, sworn by blowing out a match : Am
    a miner living at Glenluce, on the Loddon ; am a
    mate of the prisoner so far as regards mining
    and living together. Slept in Ah Quong's tent.
    On 20th ofJanuary Chinese time) he saw no
    Europeans, but did on the following day ; they
    came to inquire after a little girl; there was the
    doctor and a constable. The girl came on the
    Friday, the doctor on the Saturday. On Thurs-
    day night slept at Ah Quong's; got up at 7
    o'clock on Friday morning and went to the
    Junction (Vaughan) to buy provisions ; came
    back about 11 o'clock and went to prisoner's tent
    to cook the dinner. He and his mate had dinner;
    witness sat down after and did nothing. Ah
    Peew was there all the time mending the hopper
    of a cradle. The little girl Annie came to the
    hut, it might be about 4 o'clock or a little more-
    he bad no watch. He was sitting on the bed
    inside and heard her voice ; she was talking to
    prisoner. Got up and saw the girl, who after
    some conversation with the prisoner went away.
    Did not see her go away. Do not know a man
    named Mackie ; thero was no man outside after
    the girl went away. Witness went out to water the
    the plants ; it was ten minutes after. Prisoner
    was still working at the hopper when the girl
    went away. Witness was about three quarters of
    an hour watering the plants, and when he returned
    to the hut prisoner "was not there." Cooked the
    supper, and in about a quarter of an hour after
    finished cooking, prisoner returned. Prisoner
    said that he had been to Sheng Yem's for some
    nails: his face looked old. This was about an
    hour before sunset. Prisoner had on a stiff hat
    with two holes, canvass trousers, check shirt, and
    boots, (produced.) When witness went to
    water the garden, prisoner had on slippers
    but when he returned he had on the boots pro-
    duced. After prisoner came in they had supper,
    when prisoner took off his Wellington boots, and
    washed his feet. Only witness and prisoner were
    then in the tent; afterwards a Chinaman named
    Sing Ti came in to smoke. Do not understand
    English; and did no! know what the" Europeans
    came for next day. Prisoner told him, that they
    came to look for the little girl, but they had gone
    home. Prisoner told witness "little girl knocked
    off school, and been missed." Did not know
    anything about the little girl being missed till
    the Europeans came inquiring about her. Wit-
    ness slept at Ah Quong's tent on Friday night.
    On Saturday morning got up at 7 o'clock, and
    after breakfasting at prisoner's tent, they went
    mining ; about 10 o'clock some Europeans came
    to the hole, when prisoner asked them if they
    had found the little girl. The Europeans told
    prisoner the girl had been found, and had gone
    back. Prisoner told witness this in Chinese ;
    prisoner never told witness the little girl had
    been found dead. They knocked off work be-
    tween 3 and 4 o'clock, and went back to Ah
    Peew's hut. Remember Dr Malcolm and a con-
    stable coming to their hut. Saw the constable
    show prisoner a pipe. Witness saw the pipe ; it
    was broken. The pipe (produced) belongs to Ah
    Peew. Recognised it as the prisoner's. After
    the doctor and policeman went away, prisoner
    told witness that the pipe was his, and said,
    " You must not tell the pipe belongs to me ;
    ; perhaps the girl might have picked it up and
    took it with her." Adding, " The girl called
    me yesterday ; I know not what for the girl
    called." The prisoner went outside with his
    boots ; he took them from under the bed ; wit-
    ness looked through a crack in the wall, and saw
    prisoner put the boots in a fireplace in the gar-
    den and cover them over ; this was more than 30
    steps from the hut. Prisoner came back, and
    cautioned witness not to tell any one that he
    had planted his boots. First time he heard of
    the death of the child was on the Monday after.
    Witness, prisoner, and constable, went to a store
    on the Loddon ; they went to the inquest to-
    gether, and then returned to the hut ; slept at
    Ah Peew's tent that night ; was with him all that
    day. On Thursday they were mining and on re-
    turning a number of constables arrested them,
    and brought them into Castlemaine.
    Chinese detective, Fook Sing, was with them.
    Prisoner was searched at the lock-up, when pri-
    soner said to witness, " You must not say any-
    Continued on Page 3Scroll to previous page
    thing about the pipe." They were then locked
    up in separate rooms. Had not spoken to pri-
    soner since. Last saw the prisoner smoking the
    pipe the same week the girl was missed, on Mon-
    day and Tuesday. Ho saw the prisoner about
    3 months previously mending the pipe with
    string, because the smoke oozed out. Prisoner
    always smoked European tobacco, and always
    took his pipe with him when he went out. Had
    been a mate of prisoner about a year. Cross-
    examined : Had remained in custody ever since
    he had been locked up till he came in the witness
    box. Had first told the police last Monday or
    Tuesday in the lock-up. Had been arrested
    fortnight and a day. Had not been taken to the
    gaol. Had had but one conversation with the
    police : he told it of his own accord. Had not
    mentioned the matter because the prisoner had
    told him not to do so. Neither prisoner nor wit-
    ness gave evidence at the inquest. Had no con-
    versation with any one else but Mr Winch ;
    others were present. The communication was in
    Chinese. No person had spoken to him except
    Mr Winch. Re-examined : Have had no inter-
    view with any one except the police were present.
    No inducement threat, or promise of reward
    was held out to witness to give the information.
    J. Gibson, Government analytical chemist, de-
    posod he had received a stone with hair on, a
    packet containing braided hair in it, and some
    from the gimp of the child. All three corres-
    pond closely. There was no blood on the stone.
    Also received a pair of trousers, hat, shirt, and
    jumper. There was a small quantity of blood on
    the trousers, partly agreeing with human and
    sheep's blood. Did not find blood on any of the
    other garments. On a lump of earth there was a
    considerable quantity of human blood. From
    the inside of the hut removed a light brown hair
    agreeing exactly with those of the child . On the
    jumper there were two other hairs very similar,
    though not quite. The difference was not
    greater than may come from the same head.
    There was nothing inconsistent with the hairs
    on the same head. I do not speak positively
    that the hair is human. Cross-examined : Found
    the hair across the crown of the hat inside along
    with a lot of black ones, apparently from the
    head of the prisoner.
    Elizabeth Clifton deposed: She knew the de-
    ceased child. It was often the child's custom to
    call at her house on going home from school.
    Did not see the deceased on the day she was
    killed. Near 6 o'clock in the evening of the
    day she was out taking the horses to drink at the
    creek. Sat down to take a stone out of her boot ;
    this was just over the crown of the hill. A fal-
    len tree was 30 yards away on the slope of the
    hill. Her attention was drawn to that place by
    hearing a noise like trampling on branches. She
    thought it was the horses coming that way. Saw
    a hat, and the man it was on moved away towards
    Sheng Yem's tent. The man had on an old drab
    hat, pulled down over his face a little. His
    trousers looked soiled, and yellower than those
    pair produced. Also identify the jumper pro-
    duced. The man was- keeping his head down in
    a crouching attitude. The man's back was to-
    wards me ; not his face. Have known the pri-
    soner for four years, but for the last two years
    had not taken much notice of him. Saw the
    prisoner this morning amongst a number of
    Chinese and Europeans, and at once recognised
    him as the man ; had no doubt it was the man.
    If she had any doubt before, it was removed at
    once when she saw him in the street. The fallen
    tree was in the direction of the gully the body
    was found in. At this stage of the inquiry Mr
    Winch wished to put a question to the witness,
    with a view to show that the prisoner had at-
    tempted to defile her children. Mr Paynter ob-
    jected, and the Bench ruled against the question
    being put.
    Sheng Yem deposed : He recollected the Fri-
    day in question ; he went to work in the morning,
    and left off at 11 o'clock, and then went home to
    cook dinner, and ate it, and slept ; this was noon.
    Then slept till over 4 o'clocl ; then got up and
    cooked some supper, but did not eat it. Went
    out to cut some bushes ; while he was cutting the,
    bushes heard All Peew calling for some nails;
    went to the tent with the prisoner ; he (witness)
    went in first, and the prisoner followed ; gave
    him a box of nails; but the prisoner said they
    would not suit. Prisoner then washed his hands
    and went away, after declining to eat. Ah Peew
    called seldom, and had washed his hands there
    before. The hat produced is the one prisoner
    had on. Cross-examined.: The prisoner's hut
    was distant half a mile. Prisoner stopped nearly
    an hour.
    Alfred de Forest, deposed : Am son of Mr
    De Forest, schoolmaster. Knew the deceased,
    and saw her at school on the day of her death.
    Saw her going homewards at about 4 p.m. Was
    at Ah Peew's hut on the Monday after the mur-
    der. Ah Peew was there at 11 a.m, and said
    that the little girl called the day before, and
    asked about a boiler, and he had told her it was
    not his, but belonged to Ah Toy, and he told her
    that he would call on her mother some day about
    it! Prisoner also said the girl did not come in-
    side. Have been very often in Ah Peew's hut.
    Could swear positively to Ah Peew's hat, but the
    boots I swear to by the appearance. Cannot
    swear to any of his shirts. Remember seeing a
    pipe in Ah Peew's tent last November, i Identify
    it by the brass and the chips out of it. Cannot
    recollect seeing Ah Peew smoke the pipe. Was
    present when Sen.-constable Bell picked up the
    stem. Thought it was Ah Peew's, and when he
    saw the bowl identified the whole at once.
    Cross-examined by Mr Paynter : Before Ah
    Peew was arrested told the police of the pipe.
    Const. Bell brought the' pipe to me and I iden-
    tified it. Re-examined by Mr Winch. Can-
    not recollect describing the pipe to Bell before
    seeing it. Might have done so or not.
    Leonard Naylor, a farmer of Glenluce, partner
    of Mr Hunt's, deposed : He know the prisoner
    for two or three years. The prisoner afterwards
    came to the house, and was intimate with all the
    children. Helped to find the lost child with six
    others. Called at Peew's hut on the night
    of Friday, the 18th, to make inquiries. Asked
    Ah Peew if he had seen the child. Ah Peew
    said the child had called about a boiler, and that
    the child had crossed the Loddon and gone up
    the hill.
    John Prothero, a farmer of Glenluce, deposed
    he knew a Chinaman named Loo Ah Chee. Was
    mining in the Loddon in November last. Ah
    Peew was called Jemmy. Was at a forge in
    November. Ah Cho was there. Went away,
    and discovered he (witness) had left his pipe.
    Went back and thought Ah Che had it. Looked
    at Ah Chee's pipe without taking it from him,
    and saw it was not his (witness's) pipe. The pipe
    produced, is similar as regards the brass. Loo
    Ah Che called, deposed that the pipe which the
    provious witness looked at was Ah Peew's, and
    he left it at Ah Peew's. Cross-examined: Was
    acquitted this morning on the charge.
    Robt. Greeves deposed he was a miner at
    Glenluce, and knew the deceased. Saw her at
    the tunuel. She came to get a drink of water as
    usual. She went on home, and would have to
    pass Ah Peew's tent. Knew Ah Che. Remem-
    ber sitting with Ah Che to take a smoke. The
    pipe produced is the one without a doubt.
    The Court then adjourned till this day at nine
    o'clock.

  6. Castlemaine Police Court, in Mount Alexander Mail
    No. 3426 - Monday March 14 1870 - page 2, 15 Aug 2022.

    CASTLEMAINE POLICE COURT.
    Saturday, March 12th.- 1
    (Before T. D. S. Heron, Esq., P.M., Dr Meears,
    and J.W. Pearce, Esq. J.P.
    CLENLUCE MURDER.— The Court opened at
    nine o'clock and the further hearing of the charge
    against Ah Peew was proceeded with.
    Martha Ellen Hunt, aged 11 years, sister of
    the deceased child, deposed Remember going to
    school on February 18th. Do not know what
    time we left school. Came out together. Her
    sister went to Salter's, next door to the school.
    John Acton, deposed that he was left in charge
    of the hole on the body being found in it. No
    one touched the place or body, while he had charge
    of it.
    William Goodwin, a boot maker, of Glenluce,
    deposed : He identified the boots (produced) as
    having been brought to him by Ah Peew, to be
    soled in January last. Believed the knife (pro-
    duced) to be Ah Peew's.
    Ah Shew, a storekeeper, of Creswick, deposed
    that on the day of the murder Loo Che was
    at Creswick. He knew this of his own
    knowledge. Cross-examined: The store
    distant from Castlemaine, 50 miles
    Ah Foke, deposed that he was a miner, at
    Creswick and Loo Ah Che was his mate for six
    weeks. Every day up to Loo Che's arrest they
    worked together.
    John Clifton, a farmer, at Glenluce, deposed ;
    Remember the 18th February. Was at the hole
    with the police, when the body was there. Saw
    a pipe-stem found. Saw the bowl after. When
    the stem was picked up thought it was my own.
    Looked at it. It was covered with dirt. Ex-
    amined it. It is not mine. Am confident it is
    not mine. Lost a pipe eight months ago, but
    the one produced is not the one. Was in his pad-
    dock the whole day of the murder. Never went
    outside it until he went to help to find the child.
    1st Class Detective Thomas Walker, deposed :
    Remember Monday, 22nd February. Was at
    Glenluce with Detective Fook Shing. Prisoner
    was in his hut, and Ah How about the place. On
    the next day were at Glenluce. Met the prisoner
    and Ah How. Prisoner said they had come from
    Vaughan. Asked him if he saw Annie Hunt on
    Friday. Prisoner said he did, while making a
    hopper for a cradle. She spoke to me about a
    boilder and did not stay many moments, and then
    'went away over the Loddon. On the 24th be-
    tween 4 and 5 o'clock, went to Ah Peew's tent
    with Detective Foke Shing. Sen.-constable Bell,
    and Mounted-constable Coghlan. Asked the
    prisoner if he left his hut, after the girl went
    away. Prisoner said he did not leave his
    hut after the girl left. Asked him if he
    had a pipe, and prisoner produced one,
    and said he never had any other. Then
    arrested the two men. On the 25th the
    hut was searched, and the articles produced
    taken from there. Examined the hat and pro-
    perty at the office. Saw a long hair on the hat
    and some hairs on the cuff of the jumper.
    Sheng Tem recalled, said that the had not
    given any evidence under coercion. He had
    given his evidence of his own accord.
    Detective Foke Shing, deposed: He accom-
    panied Detective Walker to the prisoner's tent.
    Asked the prisoner whether or not the pipe
    Senior-constable Bell showed him was his (pri-
    soner's). Prisoner said, "No," and he knew
    nothing about it. Asked the prisoner if the
    pipe belonged to his former mate, Ah Che. Pri-
    soner said, "No, Ah Che's pipe was a crooked
    one." On the 24th went with Coghlan, Bell,
    and Walker to the hut. Saw Ah Peew and Ah
    How there. Asked Ah Peew if he remembered
    last Friday. Prisoner said he was mending the
    cradle, and the little girl passed, and he did not
    see which way she went, as the weather was dry
    and she could go either way. Remember being
    at the gaol with Mr Winch on February 26th,
    Prisoner made a statement in the presence of Mr
    Winch and the governer of the gaol. It was
    correctly interpreted, and the prisoner signed
    it.
    Mr Superintendent Winch deposed : The
    statement (produced) was the one made by the
    prisoner.
    The statement dated February 26th, was here
    read as follows:-
    "There is a man, named, M'Kay, who is an
    Irishman, went aalong with the girl who is
    killed. The next morning early, Saturday
    morning, M'Kay came into my hut and pulled
    my blanket to wake me up. I asked M'Kay
    about the girl. I said, where is that girl? and
    he said, she has gone home. I told M'Kay that
    last night (meaning Friday night) that a lot of
    men were looking for her. M'Kay said, Do not
    you say anything about the girl, or my father
    will kill you. On Friday evening, about half-past
    four, the girl called at my place about a boiler,
    and at that time I saw M'Kay standing about
    twenty distant. The little girl did not go
    inside my tent ; she stood at the door. I saw the
    little girl go away towards M'Kay, and they went
    away together. They crossed the top of the hill,
    and I lost sight of them. I never saw her again,
    and I did not see M'Kay again till he came to
    my tent and pulled my blanker to wake
    me. My mate Ah How was in the
    hut when young M'Kay came-he was then
    asleep on the bed. Ah How went away to the
    Junction on Friday morning at about 9 o'clock,
    and came back about 11 or 12 o'clock noon, and
    did not go out to work that afternoon. I know
    the little girl as Annie, and her mother's name is
    Hunt. When the girl came on Friday, Ah How
    was sleeping on the bed. Lin Tow, who lives
    near my hut, and is occasionally a mate of mine,
    went away to work on Friday, afternoon, and re-
    turned at about 5 p.m. The man now shown me
    is the man M'Kay. The sun was not up when
    M'Kay came to my hut.
    Mr Hylands, the governer of the gaol, gave
    similar testimony to the last witness and said
    prisoner wished to make a statement, and the
    Superintendent of Police was therefore sent for
    to receive it.
    Senior-turnkey Carroll, deposed that the pri-
    soner said to him that a man named Mackey was
    playing with the little girl outside the house, and
    they went away. (The rest of the conversation
    was similar to that contained in the statement.
    On the same evening, witness added, after this
    statement, from information recieved went to
    prisoner's cell, and saw a pane of glass broken
    and a piece of a new shirt prisoner had on when
    admitted, fastened round the bar, and a portion
    hanging down. Prisoner was lying on the
    bed moaning. Said to prisoner, "What for?"
    Prisoner said, " meno like this country ; me no
    kill little girl. Mackey kill little girl."
    Edward Mackey; a miner, deposed : He lived
    near Vaughan. Knew the prisoner, but did not
    know the deceased. Might have seen her, but
    did not know her personally. Was not at the
    prisoner's hut on the Friday of the girl's death,
    or seen her that day. Was at Ah Peew's hut
    at nine o'clock a.m., on the 18th. Went for a pick.
    After that was at the Vaughn Police-court till
    the court adjourned, and after that to about
    five o'clock, was holding a colt to be shod. After
    then went home and had supper. Called at
    Rogers on the way home. It was 6 o'clock when
    he got home. Then went to Glenluce to Holders
    store and saw Prothero there. Never was at Ah
    Peew's hut since the Friday, as stated. Went to
    Prothero and Greeves. This was between sun-
    down and dark. Met Mr Jackson. Went to a
    saddlers about some harness. Left a boot at
    Bentley's. Called at Mr Mulioles and stayed an
    hour, then went home and went to bed. Got up
    at sunrise. Did not go to Glenluce until eight
    o'clock. Knew Mr Morrison. Did not go to
    Ah Peew's hut at all that morning and never at
    any time threatened the prisoner or pulled his
    blankets. First heard that the child was lost on
    the Saturday, and on the Sunday that she was
    murdered.
    Edward Mackey, depose : He believed he was
    the father of the previous witness, and corrobo-
    rated the evidence of his son, and clearly proved
    an alibi. John Prothero and Edward M'Grath
    also gave evidence proving an alibi, in favour of
    Mackey the younger.
    Detective Kennedy identified the pipe as the
    one given him by constable Bell. On the 8th of
    the present month, from information received,
    went to Glenluce and made a search, and in the
    fire-place of an old chimney found the boots pro-
    duced, covered with some straw and rubbish.
    Against the straw a slab stone was placed leaning
    against the wall and screening the straw. Mrs
    Clifton yesterday identified Ah Peet amonst
    several other Chinamen.
    Dr O'Hara, of Fryerstown, deposed : Examined
    the body of the deceased Annie Hunt. The
    upper part of the body was a mass of contusions.
    There were two wounds given on the temporal
    bone above the left ear. The other was super-
    ficial. There was coagulated blood flowing from
    the nostrils. There was a wound under the left
    eye, and abrasions on the knees. Examined
    further. There are no marks of violence lower
    than the collar bone. The mouth and face were
    distended with gravel and clay packed in, extend-
    ing the jaws. The gravel and clay corresponded
    with that in the hole. This would produce suffo-
    cation. The wounds were inflected before death.
    The marks on the throat and breast appeared
    like the pressure of a boot or foot. The boots
    produced would cause such marks. One of the
    wounds was like a crescent, as if done by the tip on
    the heel of the boot produced. Saw the stem of
    the pipe found. His evidence also showed that
    violation had been attempted.
    Thomas M'Grath, surgeon, also gave testimony
    as to the post mortem examination made by him,
    and in effect the same as that of Dr O'Hara. He
    thought death was caused first by stunning, then
    pressure on the neck and suffocation by the
    mouth being stopped. There were marks of
    violence sufficient, to indicate attempt at viola-
    tion.
    Dr. Hutchison also gave similar testimony, and
    concurred in every particular.
    J. L. Brown produced a plan of the paddock,
    and position of the body when found.
    This closed the case for the Crown, and the
    prisoner having been duly cautioned and advised
    by Mr Paynter not to make any statement,
    declined to say anything, and was then com-
    mitted to take his trial at the next Circuit Court,
    to take place on April 25th.
    The chairman of the Bench (T. D. S. Heron,
    Esq.,P.M.,) said his brother magistrates had ex-
    pressed an opinion and he (Mr Heron) fully con-
    curred in it, indeed it was his own, that the
    police had exhibited a great deal of zeal, activity
    and intelligence in the way the case had been
    brought into court.
    The Court then adjourned.

  7. Link to pdf file, in The Queen vs Ah Pew: Murder, mystery and controversy in colonial Castlemaine
    15 Aug 2022.
  8. Castlemaine Circuit Court, in Mount Alexander Mail
    No. 3463 - Wednesday April 27 1870, page 2, 15 Aug 2022.

    MURDER.
    Ah Pew was charged with having, at Glenluce,
    wilfully murdered Elizabeth Ann Hunt. After
    some difficulty in consequence of the mode to be
    adopted to get the prisoner's challenges, which
    were so numerous that before the 12th juryman
    was sworn the panel was exhausted. Mr C. A.
    Smyth, the Crown Prosecutor for the district,
    having returned from Beechworth, conducted the
    case for the Crown, assisted by Mr Alfred Wyatt,
    instructed by Mr Normoyle, of the Crown Law
    Offices. Mr , G. C. Leech, instructed by Mr
    Paynter, appeared to defend the prisoner. The
    Crown Prosecutor, in narrating the case at open-
    ing, dealt upon the force and weight of circum-
    stantial evidence when different minute circum-
    stances all tended to one point. Such evidence
    was of the strongest kind. To make the locality
    of the murder plain to the jury a map was pro-
    duced descriptive of the ground from where the
    child had left the school to other points material
    in the evidence to be adduced. This plan the
    learned Crown Prosecutor explained with great
    minuteness, and gave a clear and concise narra-
    tion of the facts already published in full after
    the Police Court inquiry. The following is a
    brief of the evidence :- —
    Thos. L. Brown, .surveyor, deposed: The plan
    produced before the Court was prepared by me.
    It shows all the localities referred to in connec-
    tion with he murder of Elizabeth Ann Hunt.
    Knew the house of Mr Hunt. It is two miles
    from Mr De Forest's schoolhouse. The school is
    north of Hunt's house. That is the surveyed
    distance. The Chinese huts are near the Loddon.
    On the 7th March the crossing was dry, and the
    season prior to that time was dry. From
    the school to De Forest's house is a
    descent, and so to the tunnel, which
    is between the school and the Loddon. It is 24
    chains from the school to the ford. The China-
    men's hut and the prisoner's is at the brink of
    the ford. There is a garden at Ah Pew's. The
    garden is 40 feet through. In the garden there
    is an old chimney stack. This, is on the west of
    the river. On the east, after crossing the ford,
    there is a track to Clifton's house. There is a
    track from the east side to Cheng Yen's. It is a
    steep sideling. There is a large gum tree inside
    Clifton's paddock. The river runs south to
    north. The track divides— one goes to Sheng
    Yen's. another to Hunt's house, and joins at the
    dead tree. The second plan produced is one of
    the paddock and drive in which the dead body
    was found. Cross-examined by Mr Leech: In
    taking the measurement he walked. Examined
    the place where the body was found. Started
    from the schoolhouse, through the paddock, and
    past Ah Pew's house, on to the hole in which the
    body was found. Followed the track: The dis-
    tance from Ah Pew's house to the hole is over
    three-quarters of a mile. The banks of the creek
    are in some places very precipitous. The path
    winds up very steep above the level of the creek.
    In some places 80 feet high. This is the highest.
    Sheng Yen's tent is 780 yards from Ah Pew's
    hut. It was necessary to pass close to Sheng
    Yen's in following one track, which passed under
    his verandah. The hole is 10 chains 67 links
    from the track. There is a kind of cattle track
    leading to Hunt's house. Re-examined : There
    is another track besides the one past Sheng Yen's.
    Walked once or twice after a day's work from
    Sheng Yen's tent to the hole in 20 minutes.
    William Bell, a senior constable stationed at
    Fryers, deposed : Got information of the child
    being murdered on February 19th. Went to the
    hole where the body was found. Mr Addley
    John Actor, Mounted-constable Coghlan, and John
    Clifton were there. The body had not been dis-
    turbed. The paddock was 6 feet deep, with a
    drive north 10 feet long, and two or three from
    the bottom of the hole. Examined the paddock.
    Found two small pieces of gimp with fair hair
    attached. It appeared to have been torn from
    the head of the child ; also some gum scattered
    over the bottom of the hole. Also found the
    pipe-stem produced. Had not yet touched the
    body. When he picked up the pipe the oil was
    oozing from it, showing it had been recently
    used. The pipe had been recently broken. The
    break had a little of the oozing oil on it. The
    body was placed in the drive feet first. Saw
    finger marks in some fine sand as if some had
    been lifted up. The face was covered with sand.
    Some of it had fallen down, and the hair had
    caught it. Blood had oozed from the nose and
    eyes. The mouth was stuffed full of clay. There
    was a semi-circular wound just over the left car.
    Before seeing the boots produced expressed an
    opinion that the wound was caused by a boot-
    heel with a tip on it. Those produced would do
    it. The hands were coated with gum. Lifted
    the body to the surface. There is no difficulty
    in getting in and out of the hole, which is only
    18 inches deep at one end. Cut a lock of hair
    from the child, which was sent to the analytical
    chemist. Afterwards found the bowl of the pipe
    from which oil was also oozing at two places, and
    had evidently been recently used. Then went to
    the hut of the prisoner because of information
    received. On the child's collar-bone and cheek
    were the marks of a boot. Placed his own boot
    over without touching. It covered exactly.
    Went to the prisoner's hut, and saw him there
    with Ah How. Had the pipe rolled up in a
    piece of paper. Prisoner was sitting on the side
    of the bed. Began to unroll the pipe. Prisoner
    could not see the pipe, hut might have seen the
    top of the stem, and said, ." Me no savee. That
    not my pipe," and got another one from the bed.
    Asked him if he saw the little girl. Prisoner
    said, " Me mend him cradle. She came on Fri-
    day asked about a boiler. Stopped five minutes,
    and then go away." Asked him where he last
    saw the child, and he pointed to the hill south
    east. Asked where he had been on Friday even-
    ing. Prisoner replied that he never left his hut
    that evening. Asked him if he had seen Sheng
    Yen. Prisoner said, " He came here six o'clock
    in the morning and went away, and never saw
    him again. Found some thread and twine pro-
    duced in the prisoner's tent. Both correspond
    with the thread and twine on the pipe. Arrested
    the prisoner on the following Thursday. Found
    the hat produced in a box under the prisoner's
    bed. Found light hairs inside the hat. A
    jumper was also found. The child's hat pro-
    duced is the one found in the hole. A long
    black hair is inside it like the prisoner's. Cross-
    examined by Mr Leech : The wound corre-
    sponded to show a boot-mark, Ah How is the
    prisoner's mate. They were arrested together,
    Sheng Yen was also arrested. Found the linen
    thread between the two beds in the tent. There
    is similar thread to be got anywhere to that
    found in the tent. Only saw the hair in the hat
    for the first time in the witness-box that day.
    The hat passed from his hands to the safe of the
    Superintendent of Police. Had it 21 days in my
    possession folded up in paper in a drawer, which
    was not locked. Am a married man, and have
    children. The boots found in the tent did not
    appear to be those which left the marks on the
    face of the deceased. Re-examined : The boots
    produced were not then in the tent.
    Samuel Hunt, farmer, of Glenluce, deposed :
    He was father of the deceased, who was nine
    years of age on the 30th October last. She was
    a large healthy child, as large as her sister two
    years older. She attended De Forest's school
    with her sister Martha and brother Samuel. As
    the girl did not return searched for the child
    almost all night, and commenced again with
    others at daybreak the following morning.
    Searched to Emu Gully, and at half-past seven
    discovered the body. (The witness described the
    finding of the body, as at the Police Court.)
    "Witness continued: Have seen the prisoner at
    his place. She had confidence in Ah Pew, but
    always frightened at other Chinaman. Believes
    she would nave gone anywhere with Ah Pew as
    ready as with him (witness).
    Mrs Hunt, mother of the deceased child, de-
    posed: That the prisoner was in the habit of
    dealing at her house, and the child when she
    saw him coming would run to meet him,
    but would run away from any other Chinese.
    Had seen the prisoner with three pipes. The
    one produced is very much like one he used to
    use. Prisoner put it on the safe, and she moved
    it. The child's hair was platted and tied on the
    day of the murder. Thirteen days before the
    murder, she told the children if they saw Ah
    Pew to ask if he had sold his boiler yet.
    Martha Hunt, sister of the deceased, deposed,
    She went to school with her sister on the days
    in question, and left her at Salter's, close to the
    school at about 4 o'clock.
    Albert De Forest, schoolmaster at Glenluce,
    deposed: Recollected the deceased being at
    school on the day of the murder. Saw her at
    10a.m. to 4p.m., when the school broke up, alive and
    well. On the following day saw her dead body.
    The child going home, passing Clifton's place,
    would have to pass Ah Pew's. Ah Pew came to
    him on the Sunday in a nervous agitated state of
    mind, and the substance of what he said was
    that he did not see the girl after she left the
    school, and that Europeans and Chinamen were
    suspecting him. Told him all he had to do was
    to speak the truth. On the Monday, the prisoner
    came to him before the inquest in the school-room.
    The question was put to him — "Could he prove
    where was on the evening of the murder ? Pri-
    soner replied that he could, that he was mending
    the hopper of Sheng Yen's ' cradle until five
    o'clock, and that after that he and his mates,
    four of them had supper, and that after that
    he was sitting outside his hut. Prisoner did not
    say anything about seeing the child: Questioned
    him and Ah How as to whether Sheng Yen was
    in the bush, when the girl passed, and he said
    Sheng Yen was not. Cross-examined : The pri-.
    soner had further advised with him. Prisoner
    appeared an inoffensive man. Did not for a mo-
    ment suspect the man.
    Mrs De Forest deposed to the child leaving the
    school on the day in question at about 4 p.m.
    On Saturday the prisoner came to her and said
    Sheng Yen was a very good man— he not do it.
    This was after he had asked what had become of
    Sheng Yen. Prisoner requested her to say to the
    police that his Camp was composed of good
    Chinamen, and she promised to do so. Prisoner
    asked whether or not Mrs Hunt thought he had
    killed the child told him she did. Prisoner re
    plied : Me no kill him ; what for me kill Annie.
    Prisoner said his mates had found fault with him
    for saying he had seen the girl on the afternoon
    of the murder.
    Albert De Forest, jun., deposed to the child
    leaving school, and seeing her go towards Ah
    Pew's. He saw the bowl and stem picked up;
    said he thought it was Ah Pew's. Had seen Ah
    Pew using it. Heard Ah Pew conversing with
    his father on the Sunday. Heard Ah Pew tell
    the trooper that the little girl came to him about
    the boiler, and that he said the boiler belonged
    to Ah Ti, and that he would go up and see her
    mother. I know the hat produced to be the
    prisoner's. Identify the boots produced as be-
    longing to Ah Pew. The chips on the bowl I
    noticed when it was in the possession of Ah Pew.
    Cross-examined by Mr Leech : Said the pipe was
    Ah Pew's to Mr Goodwin. Was not asked about
    the pipe at the inquest. Thought it was Ah
    Pew's pipe, because he had heard Ah Pew had
    killed her. Detective Kennedy showed him the
    pipe, and he (witness) at once said it was Ah
    Pew's.
    Eleanor De Forest deposed to seeing the child
    on the hill opposite the school picking gum. She
    had passed the tunnel and Ah Pew's on to the
    hill called Clifton's.
    Robert Grieve deposed to the child calling at
    his tunnel and getting a drink of water, on her
    way home before she had passed Ah Pew's. Re-
    member in November last seeing Loo Ah Che
    smoke the pipe.
    At this stage the witnesses mentioned by
    Senior Constable Bell as being at the hole when
    the body was found were examined, and corrobo-
    borated the testimony of Bell in the several par-
    ticulars narrated by him. Amongst these was
    Constable Coghlan, who deposed that he had
    a conversation with the prisoner. Prisoner told
    him that the girl called at his place about a
    boiler, and she went away. He did not leave his
    hut after the girl left, and his mates could prove
    it. Prisoner said he did not know which way
    she went, as sometimes she went one way and
    sometimes the other. Ah Pew did not say any
    thing about a man named Mackay. This was on
    Monday. Cross-examined: There were several
    jumpers in the hut. Re-examined : Mrs Clifton
    described the jumper worn by the prisoner on the
    evening of the murder, and therefore the one
    produced was selected.
    Dr Malcolm, called, corroborated the evidence
    of Senior-Constableas to the prisoner denying the
    pipe was his before he saw it; He also heard Ah
    Pew say the girl called there. Cross-examined :
    There were no signs from an examination he
    made of Ah Pew of his violating a girl. He
    might have done whatever injury was done to
    the girl without leaving traces on himself.
    Leonard Naylor, deposed : The deceased was
    not the least afraid of the prisoner. Had seen
    the prisoner smoke a similar pipe to the one pro-
    duced. During the search for the child, called
    at Ah Pew's and inquired for the girl. Prisoner
    said that he had seen her at the brow of Clif-
    ton's hill by a big tree.
    William Goodwin deposed: He was a shoe
    maker, and identified the boots produced as those
    which in January last he repaired for Ah Pew.
    Identified the jumper produced as the one Ah
    Pew wore.
    Mrs Clifton deposed: Recollected watering
    her horaes at the Loddon on the afternoon of the
    day the girl was lost. She was sitting down to
    take a stone out of her boot, and heard a crack-
    ling noise, and looking towards the place it came
    from saw a man whom she believed to be the pri-
    soner. She seeing him again amongst several
    Chinamen and Europeans, she picked him out.
    She had now no doubt whatever but that pri-
    soner was the man. She did not see his face.
    The man was going in tho direction of Sheng
    Yen's hut. Cross-exnmiued : There was nothing
    wonderful in picking out the man because she
    had known him for four years. Was not positive
    at first, but on seeing him a second time had no
    doubt. Told the police about having seen a
    Chinaman at the fallen tree. Had him working
    at the Loddon previously. Was not examined
    at the inquest. Was examined at the Police
    Court a tew days after the child was found. Saw
    him at the inquest, but be was not dressed the
    same. Saw him in the street when she identified
    him, but in the same clothes the man had on she
    saw at the tree.
    John Clifton, a farmer, at Glenluce, deposed
    that on the 10th February he was at the pad-
    dock when the child was found. He assisted
    Bell in tho search and saw him pick up a pipe
    stem, the same as produced in court.
    Sheng Yen called, deposed : On the day of the
    murder All Pew called at his place for nails. The
    prisoner came from the direction of the hole.
    Washed his hands at the hut and went away.
    Ah How deposed he recollected the day the
    child was lost. In the afternoon saw the girl
    speaking to Ah Pew, his mate. He (witness)
    was in the tent smoking. Recollect the girl
    going away. Ah Pew was mending a cradle
    hopper. Shortly after the girl went away, he
    (witness) went to water some plants. When he
    started to water the plants, Ah Pew was at the
    door of the house. Was three-quarters of an
    hour in the garden. When he returned Ah Pew
    was not there. Ah Pew returned in about a
    quarter of an hour after he came in from the
    garden. The sun went down in about a quarter
    of an hour after Ah Pew returned. Ah Pew had
    the felt hat produced, and check shirt. The
    shirt he used to wear underneath the jumper.
    No European or other person was about the hut.
    When Ah Pew returned he had an old face. The
    boots produced are Pew's, also the trousers he
    had on when he returned. Ah Pew returned in
    the boots produced, but had on slippers when the
    girl was there. The hoots were put under the
    bed. Some Europeans at eight o'clock came to
    ask about the child. Ah Pew told them she
    went away at half-past four o'clock. Slept at
    Tah Pong's that night, and got up at seven
    o'clock, and went and had breakfast with Ah
    Pew. No Europeans came to the hut. At ten
    o'clock while they were at work, Ah Pew asked
    some men passing about the child, and told him
    (witness) the child was found, but did not say
    whether the child was dead or alive. .The pipe
    produced is Ah Pew's. Ah Pew had it. Recol-
    lect Dr Malcolm and a constable coming and
    showing a pipe. After they went the prisoner
    said, "Do not say the pipe is mine. Yesterday
    the girl called me outside, and perhaps took
    the pipe away." Ah Pew also took the boots
    produced and hid them in an old fireplace, and
    told him not to say any thing about it. Did not
    know until the Monday that the child was dead.
    He was arrested with Ah Pew, and at the lock-
    up, as they were being put in separate cells, Ah
    Pew told him not to say that the pipe was his
    (prisoner's). He saw Ah Pew repair the pipe,
    and saw Ah Pew smoking it on the Monday and
    Tuesday of the week of the murder. Ah Pew
    always smoked European tobacco, and a good
    dea1 of it. Only him and Ah Pew had supper
    together, on the evening the girl called there.
    Cross-examined : Was not frightened when ar-
    rested, or when examined by Dr Malcolm. The
    garden is about thirty yards distant. The garden
    is as large as the Court. Was a mate of Ah
    Pew's for a year. Never saw Ah Pew smoke a
    Chinese pipe, but always a European one, with
    English tobacco. The witness was subjected
    to a further rigid examination by Mr Leech as to
    the manner in which he gave information to the
    police.
    Loo Ah Che, formerly a mate of Ah Pew, called,
    said he recollected smoking a pipe like the one
    produced, when it was taken out of his mouth by
    a European who thought it was his.
    Richard Prothero, called, could not swear to
    the pipe produced, but believed it was the one
    Loo Ah Che was using
    Ah Shoo, a storekeeper at Creswick, deposed
    that Loo Ah Che had been at Creswick since
    November last.
    Mr Superintendent Winch deposed to attend-
    ing the inquest where no inquiry was made
    about the pipe, but. the inquiry was merely con-
    confined to the cause of death.
    Michael Carroll, Senior turnkey at the
    gaol, deposed that while in gaol the prisoner at-
    tempted to hang himself and prior to this pri-
    soner had made a statement incriminating
    Mackay, and on being asked why he tried to
    hang himself, repeated the charge against
    Mackay, accusing him of the murder. Then
    produced the statements made by the prisoner in
    the gaol, which have already been published.
    The time being now six o'clock, his Honour
    adjourned the Court until seven o'clock. On
    resuming, the, trial proceeded by the Crown call=
    ing.
    Edward Mackay, who repeated his testimony
    given at the Police Court, and showed beyond
    all doubt that he was not at Glenluce at the
    time of the murder.
    Edward Mackay, sen., father of the preceding
    witness, corroborated his son's testimony, and
    accounted for him from three o'clock on the
    afternoon of the murder to the morning following
    it.
    Edward M'Grath, John Prothero, and Robt.
    Grieve all gave evidence in support of an alibi.
    in favour of Mackay, jun.
    1st class Detective Walker deposed to going to
    prisoner's hut, and seeing him there. Ah Pew
    said he had seen the little girl on the Friday
    night, and spoke about a boiler. She re-
    mained a few minutes, then crossed the Loddon,
    and he did not see her again. Went again and
    saw the prisoner who repeated his former state-;
    ments. On the, 24th went with Detective
    Foke Sheng and Naylor to the prisoner's tent
    and saw him there, also Ah How. Asked the
    prisoner if he was away from his tent on the
    evening of the murder. Prisoner said he did not
    leave his tent after the little girl went away.
    Asked Ah Pew if he had a pipe, and he produced
    one saying that was the only one he had. Then
    arrested both men. Found the various articles
    produced except the boots. In connection with
    this case walked the whole distance between Ah
    Pew's hut and the hole in 22 minutes, looking
    about on the way. Mr. Hodges was with me.
    Cross-examined : Saw the jumper on the bed
    when arresting the prisoner.
    Detective Foke Sheng called: Corroborated
    the evidence of Detective Walker as to the pri-
    soner's statements, and the searching of the tent,
    and the taking of the clothing. He also heard
    Ah Pew deny ever having had more than one
    pipe. This witness was severely cross-examined
    by Mr Leech with a view to show that there was
    not sufficient proof that the clothing found was
    in the part of the hut used by Ah Pew.
    Detective Douglas Kennedy deposed to finding
    the boots in an old fireplace in Ah Pew's garden.
    They were secreted. He and others were walk-
    ing down the street before Mrs Clifton, and she
    immediately identified the prisoner. It would
    take him live minutes to walk from the drive to Mrs
    Clifton's, and 15 minutes to Ah Pew's. Cross-
    examined: When Mrs Clifton identified the pri-
    soner, he was beside some Europeans and two
    Chinamen, one of whom might be taller. The
    prisoner was dressed up in a jumper, shirt and
    trowsers, hut he would not say he was "dressed
    up for the occasion.
    William Johnson, the Government analytical
    chemist, deposed : He received on the 22nd
    February, on which were hairs, corresponding
    with hairs cut from the head of deceased. He
    got a woolen jumper, striped shirt, and canvass
    trousers. On the trowsers were slight marks of
    blood, apparently of two sorts, sheep and human
    or dogs. On the shirt the same kind of stains
    were observable, having the characteristics of
    human blood. On the jumper were two hairs
    agreeing closely with those cut from the head of
    deceased. They wore a shade lighter, but va-
    riances of hair exist on the head. One hair in-
    side the hat exactly corresponded with de-
    ceased's. The parcel of hair was given him by
    Coghlan. He removed this morning (yesterday) a
    hair from the hat not like the prisoner's. Cross-
    examined — Some of the spots of blood could not
    be human. The blood discs of all mamalia was
    circular, and the test was but in size. The
    difference between the diameters, between th
    5000 and 4000 part of an inch of blood, was but
    small. The black hair on the girl's hat did not
    correspond with the hair on prisoner's hat. He
    measured the hairs by the micrometer, but he
    did not take down the measurements. The
    difference was slight in colour and thickness.
    Every person's hair differed a little. It was
    quite possible for a fine hair to be on a hat for a
    long time.
    Henry Lewis O'Hare, a surgeon, deposed he
    went to Glenluce on the day the child's body
    was discovered, aud saw it taken out of the
    drive. The body was considerably bruised,
    covered over with contusions, two wounds on the
    side of tho head, one superficial ; over the
    cheek bone was another wound. Blood was
    flowing from the mouth and nostrils. The mouth
    was filled with clay and gravel. Several marks
    were about the collar bone. The hymen was
    entire, but partly torn at the upper edge. He
    thought there had been an attempt at violation.
    Tho clay and gravel was packed into the mouth,
    had passed into the windpipe, and would prevent
    crying. From the boots produced, he believed
    the heel would cause one wound and the nails
    another, such as were on deceased. Cross-
    examined: Another substance hard, like the
    boot, would produce the injuries he described.
    Thos. M'Grath, surgeon, deposed he made the
    post mortem examination ; externally there
    were two wounds above the left ear, one semi
    circular, one and a half inch long, one small an-
    terior one inch long, several contusions
    over the left side of the face, a transverse wound
    over the left cheek bone, besides several abra-
    sions and contusions, and other injuries as de0
    scribed by previous witness. He attributed
    the cause of death to the multiplicity of injuries
    and suffocation by clay being packed in the
    mouth. There was appearance of attempted vio-
    lation, and in his opinion there had been an at-
    tempt. The semi-circular wound might be caused
    by the heel of a boot or a stone.
    Jas. Hutchison, surgeon, deposed, he, along
    with Dr M'Grath, made the post mortem ex-
    amination, and he agreed with the evidence above
    given.
    This closed the case for the prosecution.
    Mr. Leech inquired if his Honour wished him
    to proceed with the defence, and being informed
    in the negative, he asked for a few minutes grace.
    (It was now ten minutes to ten o'clock. In
    about five minutes the Court resumed.)
    Mr Leech then addressed the jury for the de-
    fence. He commenced by deprecating the course
    taken by the Crown Prosecutor, by piling up
    some horrible details to exasperate their minds.
    A murder had been committed, and he had to
    defend the prisoner in the deadly and imminent
    peril of his life, for if found guilty he must die.
    They had to consider if the details pointed
    clearly and irrevocably at the prisoner, and at
    no other man. He would admit there was a
    prima facie case to warrant the officers of justice
    in bringing the prisoner to his trial, but there
    were doubts, grave doubts in the case for the
    Crown. A pipe had been found, and it had been
    tried to produce testimony that this pipe was
    dropped by the prisoner. The testimony in this
    part was not conclusive. There was a mate of
    the prisoner's who had been arrested, and it was
    known that murderers were fertile in .using
    means for inculpating the innocent. When Ah
    How was in gaol for murder he was ques-
    tioned about the pipe. He was sagacious
    enough to know the drift of the inquiries, and
    when asked is this Ah Pew's pipe it might
    occur to him, i, I say this is not Ah Pew's
    pipe, whose is it ? perhaps my own ? He was the
    only positive man as to the pipe. Allied to his
    testimony of the pipe was some other Chinese
    evidence - evidence of a dangerous kind. Next
    to it was the European boy De Forest, who, from
    his age, might be led to straighten his evidence.
    He spoke too fast, and when Constable Bell
    found the stem of the pipe he said it was Ah
    Pew's. Strange there was not a single person
    heard this. He said he had mentioned it to Ad-
    dley, but Addley did not say a word about it.
    That boy's evidence could not be relied on. How
    was it when the inquiry was going on at the in-
    quest he never said a word of this, nor said any-
    thing till Bell went to him? Could the juery
    absolutely come to the conclusion that would put
    a rope round the prisoner's neck on such evi-
    dence as they had upon the fragments of a pipe?
    Mr Clifton, a witness for the Crown, first
    imagined the pipe was his, and was nearly making
    a mistake a claiming it. A few small spots of
    blood of two kinds, one of sheep, were found on
    the clothing, the other apparently human ; but
    no analytic chemist in the world could swear
    positively as to human blood. There was no
    value in his analysis ; a dog's blood was the
    4000th part of an inch, human blood the 3500th
    part of an inch ; so that no man could speak un-
    mistakenly as to that. The hair examined
    differed in size and colour from that cut from the
    child. Mrs Clifton could not identify Ah Pew
    at the inquest, but only picked him out from
    amongst two Europeans (whom no one could
    mistake) and two Chinamen, one of them a tall
    one, the other there was not much said about.
    She, a sharp, woman, must have noticed the de-
    tective looking at Ah Pew, and then she picked
    him out. There was a principle in the human
    mind, and markedly so in woman, that when the
    mind was made up as to a guilty man the dispo-
    sition was to inculpate that person, not meaning
    wrong, but actually under the impulse of doing
    right. Was not this woman so influenced ? The
    Crown testimony was that Ah Pew was only
    away an hour from his tent, half of which was
    spent with Ah Shem. Two witnesses said they
    could walk from the hole to Ah Pew's tent in
    twenty minutes, and one witness said he could
    walk in fifteen minutes. Taking this time there
    and back it would amount to thirty-five minutes,
    which, with the half hour at Ah Shem's, would
    make an hour and five minutes : there could
    therefore be no time to ravage and murder with
    all the horrible details they had heard of. If the
    prisoner had committed the horrible crime he
    would have told a lie and said he had not seen
    the girl, instead of that he told the truth. Why
    were tho Chinese angry at his telling that the
    girl was at the tent? May it not be that some
    other Chinese, the really guilty, were afraid that
    the crime would be sheeted home to them. It
    was not necessary for him to point his finger in
    suspicion at any man for this crime, or any other
    of less magnitude, but he was justified in pre-
    senting as an hypothesis that the man who was
    angry was the guilty one. The prisoner's de-
    meanour on being suspected rather turned one's
    heart towards him than against him ; and such
    was Mrs De Forest's opinion of him that she
    promised to say he was a good man. The
    language used by Ah Pew to Mrs De Forest was
    that of a man who would shrink from such an
    act as that imputed to him. They should require
    and demand strong evidence before they con-
    cluded that the man who had fondled the
    child which had run towards him had
    foully murdered her. The knife was seldom
    taken to kill the pet lamb. He would sit down
    painfully conscious of having left unsaid much
    that he ought to have said, for at that
    late hour, after a protracted trial, he was to a
    certain extent physically unable to deal with all
    the weak points of the case for the Crown. In
    that physical exhaustion he did not doubt the
    jury to some degree shared. He would urge
    them to view the evidence as not supporting the
    opening speech of the learned Crown Prosecutor.
    If it was proved that the pipe was at Ah Pew's,
    the circumstance could not lie, but the men who
    had come there that day, and made the circum-
    stance had lied. They should take with them
    to the juryroom the solemn recollection that Ah
    How, who swore to the pipe, was arrested, and
    lied as men will lie who have the halter dang-
    ling near them. They could not on such testi-
    mony send the man back, never again as a free
    man to see God's sunshine. Four Chinamen
    had been arrested; one stood in the dock, the
    others were Crown witnesses. All the details of
    the case were compatible with the innocence of
    the accused. It was dangerous to take the evi-
    dence of the boy De Forest, because without
    putting anything harsh against him, it may be
    that filled with a boy's vanity, he had given the
    evidence he did. The jury were the final court,
    and the only ground on which they could find
    the prisoner guilty was that the tainted witnesses
    arrested with the prisoner had spoken the truth,
    the whole truth, and nothing but the truth, and
    that so absolutely did they believe Ah How, that
    they could send a man to the gallows on his tes-
    timony. They should give the prisoner, Mongo-
    lian as he was, as much consideration as the
    highest representative of the highest type of
    their race.
    His Honour procoeded to sum up to the jury,
    and expressed his regret that, they had had to
    suffer through the public business not justifying
    an adjournment. The case was one of circum-
    stantial evidence— more valuable than direct tes-
    timony, because facts cannot lie. During his
    remarks His Honour said there there could be no
    doubt but that the pipe was found in the hole,
    and that the object of the murder was to cover
    the crime of violation. If he had previously
    taken liberties with the child she would have
    never cared for him. The instincts of children
    are strong in this respect. There could be no
    doubt that the child was at Ah Pew's hut on the
    evening in question. The prisoner had denied
    seeing Sheng Yen that aftnmoon and stated that
    he was not away from his hut after the child left.
    The pipe had been identified by De Forest, ju-
    nior, and Ah How. Others thought it was like
    the pipe. If they thought the evidence was con-
    clusive, the jury would have little difficulty in
    believing the prisoner committed the crime. The
    prisoner had thrown the blame on Mackay, say-
    ing that Mackay was loitering about the hut
    when the girl was there, and that he came to the
    hut and threatened him not to tell on the next
    morning ; all this had been proved to be false. If
    the prisoner's statement had been ably and pro-
    perly taken, it had been proved untrue, and there-
    fore told against him. Nothing could be more
    satisfactory than the mannner in which it was
    done. It had been interpreted by Mr Hodges
    for Mr Superintendent Winch, read over and
    signed. There was a series of circumstances
    outside the evidence of Ah How. There was
    distinct evidence of the prisoner being away from
    his hut, although the prisoner said he
    was not. This was another lie. The
    evidence of Ah How was most important.
    His Honour then read it over, and said, if be-
    lieved, the case against the prisoner was very
    much strengthened. His statement in reference
    to the boots was proved by the fact that the boots
    were found where he said they were hidden. All
    the circumstances contradicted Ah Pew's testi-
    mony ; if they rejected that testimony they
    would perhaps reject the other circumstances as
    not sufficient to justify a verdict of guilty. The
    jury then retired, and after the absence of one
    hour, returned a verdict of guilty.
    The Judge, through the interpreter, told the
    prisoner that he had been found guilty on the
    most cogent evidence, and that no one in court,
    who had heard the evidence, but must believe
    that the verdict was a just one. No hope of
    mercy could be held out on the sentence about to
    be passed. His Honour then passed sentence of
    death in the usual manner, the prisoner the
    whole time saying "I did not do it."

  9. The Glenluce Murder, in Bendigo, Victoria, Australia. The Bendigo Advertiser
    VOL. XVII.-No. 4649 - Thursday April 28 1870, page 3, 15 Aug 2022.

    THE GLENLUCE MURDER.
    (From the Castlemaine Representative.)
    Ah Pow, the Chinese murderer of the unfortunate
    little girl, Elizabeth Annie Hunt, was found guilty at
    an early hour this (Wednesday) morning, and
    sentenced to be hanged. A more diabolical crime
    was never committed; and judging from the verdict
    a more righteous sentence was never pronounced.
    There were about forty witnesses for the Crown.
    The trial commenced at halt-past nine am on
    Tuesday, and sentence was not pronounced until two
    a m this (Wednesday) morning. The opening
    address of the Crown Prosecutor occupied upwards
    of two hours, and his statement was fully upheld by
    the testimony subsequently adduced. The witnesses
    appeared to give their evidence without bias, and the
    jurors listened in a painstaking way, and did not
    appear to be actuated by any foregone conclusion.
    Two or more of them had been locked up on the
    previous night, but His Honor said he could not
    release them as the panel had been exhausted and
    the public business would not admit of an adjourn-
    ment, as he (His Honor) had to preside at Sandhurst
    to-day. The chain of circumstantial evidence
    so complete and strong that no reasonable man could
    entertain a doubt as to the prisoner's guilt. When at
    a late hour in the evening, Mr Leech rose to address
    the Court for the defence he did so evidently labor-
    ing under mental and physical exhaustion. Not
    only was the counsel for the prisoner completely
    tired out, but the countenances of the counsel
    for the Crown also indicated the fatigue inseparable
    from long mental exertion. Mr Leech's address was
    labored, as all forlorn defences must of necessity be,
    but it was as ingenious and as judicious as circum-
    stances would admit. He made a desperate and
    telling attack on the strongest part of the evidence,
    viz, that of the Chinese witnesses who had themselves
    been arrested on suspicion, and asked what (their
    evidence apart) was there remaining? These tactics,
    however, did not seem to impress the jurors. To
    their minds there was apparently no serious discre-
    pancy in the evidence, the European testimony dove-
    tailing to that of the Chinese, corroborating, not
    contradicting it, the whole together making as strong
    a case as could well be made out. His Honor, in
    delivering his charge to the jury, did so evidently
    suffering under that fatigue and exhaustion common
    to all who had been compelled to watch the case
    throughout. The jury, after hearing his Honor's
    charge, which they listened to with great attention,
    retired, and remained absent for about one hour.
    When they came back to court they returned a
    verdict of guilty. His Honor then passed sentence
    of death in the usual form, giving prisoner no hope
    of mercy. The condemned man merely said "I did
    not do it," and throughout the trial he displayed
    the greatest indifference, that is as far as could
    be judged by persons not well versed in Chinese
    physiognomy.

  10. Execution of Ah Pew, in Victoria, Australia. Weekly Times (Melbourne, Victoria)
    No. 38, Saturday May 28 1870, 15 Aug 2022.

    EXECUTION OF AH PEW.
    The convict Ah Pew, sentenced to death for
    the murder of the child Anne Hunt at Glenluce,
    was executed on Monday morning, within the pre-
    cinct of the Castlemaine Gaol. The Representa-
    tive states — " At about half-past 9 o'clock the
    officials of the gaol admitted about thirty persons,
    including the representatives of the Press, to one
    of the long corridors of the gaol, in which is
    erected the apparatus of death. At 10 o'clock
    the sheriff (Mr. Colles) mounted the steps of the
    gallery, and going to the door of the condemned
    cell, demanded the body of Ah Pew. The formal
    surrender was then made by Mr. Hyland, the
    governor, and the prisoner came out from his
    cell, walking steadily, and looking far calmer
    than some of the spectators. The Rev. Mr.
    Hollis, who had been praying with the doomed
    man previously, came out with him, and the
    Venerable the Archdeacon was also in the gallery.
    They had done all they could for the man's
    spiritual comfort, and now the hangman's work
    began. With a mechanical precision, the
    loathsome result of long habit, the pinioning
    was commenced and finished, and then the
    prisoner was led out under the beam, and the
    rope adjusted round his neck ; Dr. Bone, as
    medical officer of the gaol, standing by. The
    knot being fixed at the back of the head so as to
    secure dislocation, the white cap was drawn over
    the prisoner's face, the hangman shook his pas-
    sive hand, a few prayers were muttered by the
    clergyman, there was a distinctly heard exclama-
    tion of 'No, no !' and then the crank was touched,
    the platform fell with a dull thud, and Ah Pew
    swung lifeless in the centre of the corridor.
    After hanging the usual time the body was cut
    down, and at noon the inquest was held, and the
    customary verdict returned. The post-mortem
    examination showed that the neck was dislocated,
    and consequently death must hav- been instan-
    taneous.
    After the execution of Ah Pew at Castlemaine
    on Monday, a cast of his head was taken by Mr
    M'Lean, who states that the general configuration
    of the head, as also the temperament, denotes a
    sensual and destructive character, coupled to much
    cunning and self-confidence. Upon examining
    the brain the cerebellum was found to be very
    large in proportion to the cerebrum, and the skull
    immediately over the cerebellum was almost
    transparent, clearly indicating the excessive
    activity of the lower animal nature, whilst
    over the anterior, or intellectual and moral
    regions, the skull was fully a quarter of an inch
    in thickness.