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Facts and Events
References
- ↑ 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.
- ↑ 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.
- ↑ 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.
- ↑ 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.
- ↑ 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.
- ↑ 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.
- ↑ Link to pdf file, in The Queen vs Ah Pew: Murder, mystery and controversy in colonial Castlemaine
15 Aug 2022.
- ↑ 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."
- ↑ 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.
- ↑ 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.
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