On 26 February 1872 a Chinese gold-miner named Teang Kong died following a brawl the previous day at an opium and gambling dive near Avoca. A coroners inquest determined that the death was manslaughter, not murder.
A quarrel over a gambling game at Ah Lin’s store on Deep Lead had led to a vicious fight between Teang Kong and two men, named Ah Tan and Ah Too. Teang Kong was knocked down, then, on getting to his feet, was kicked in the stomach by Ah Tan. He was pushed outside, where he lay in pain.
A doctor was sent for, but Teang Kong died. A post-mortem examination showed that his bowels had been ruptured. This was determined to have been ‘consistent with death caused by a violent kick.’
On Tuesday 27 February an inquest into Teang Kong’s death was held at the Union Hotel, Avoca. Witnesses gave evidence through Howqua, a government interpreter. The coroner advised the jury that no premeditated intent had been shown, and the jury returned a verdict of manslaughter against Ah Tan. A warrant was issued for his arrest.
Image from State Library of Victoria
Accession No : IAN08/08/68/8
Avoca Mail, Saturday 2 March 1872, page 3
CORONER'S INQUEST AND VERDICT OF MANSLAUGHTER.
On Tuesday last an inquest was held at the Union Hotel, Avoca, before, L. Worsley, Esq., Coroner, on view of the body of Teang Kong, who died on the previous evening from a kick administered on Sunday last. Senior Constable Shanklin had charge of the proceedings, and examined the witnesses. Ah Tow, who had been taken into custody, was present. The jury having been empanelled, and a post mortem examination having been made by Dr. W. S. Morris, of Avoca, the witnesses speaking Chinese were examined through How Qua, the interpreter.
The first witness was Ah Tow, who, having been duly sworn in the Chinese fashion by blowing out a match, deposed as follows: — I am a miner, and live at the Deep Lead, Avoca. Yesterday I last saw the deceased alive, at about six o'clock. I went to see him because he had been hurt. About two o'clock' on the Sunday I saw the deceased and Ah Tan and Ah Too fighting in the opium saloon on the Deep Lead, kept by Ah Lin. The last named to were both fighting the deceased and Ah Too knocked him down with his fist, and deceased got up, when Ah Tan kicked deceased on the lower part of his body, and the deceased was pushed outside. There were some thirty or forty Chinamen there altogether. Deceased went out and lay down inside the door of the opium saloon, complaining of pain. The doctor was sent for at about half-past four and I went for him. The man present, Ah Too, struck the deceased upon the breast and shoulders but did not kick him. Ah Tan kicked him.
The deceased and Ah Tan and Ah Too had been gambling, and the quarrel was about that. On the 25th, the man in custody and the deceased were gambling at Ah Lin's store on the Maryborough Road. Ah Tan was the gambling master, and the quarrel took place between deceased and him about a division of money. I heard a noise in Ah Lin's room, and on going in saw the man in custody and another fighting the deceased. Dr. Morris now present was the doctor sent for.
Camilia Cross sworn said.— I am a miner, and live on the Maryborough Road. I was passing by the Deep Lead, Avoca, on Sunday evening last, when I heard a noise in Ah Lin's store and opium saloon, when I went in and saw the man in custody and another man and the dead man fighting. The last witness was trying to part them. I saw Ah Too knock deceased down, and when he got up again Ah Tan kicked him at the bottom of the stomach. Ah Tan had on " Sunday boots." After this I saw Ah Tan go outside and remove his trousers and rubbed himself where he was swollen, and sat down outside the door.
By a juryman, — I only saw deceased kicked once.
Dr. William Selwyn Morris, a legally qualified medical practitioner of Avoca, sworn, says — I have made a post mortem examination of the body of the deceased, and find a rupture of the bowels and extravasation of blood on the person above the scrotum. The injury received was done by violence externally, and was, in my opinion, sufficient to cause death in any person. The rupture was quite recent. A kick might have produced the appearances and the ensuing death.
The coroner pointed out the law to the jury in its distinction between murder and manslaughter, and said no malice prepense, the element of the crime of murder, had been proved.
The jury returned a verdict of manslaughter against Ah Tan, and the coroner issued his warrant for his apprehension. The Chinaman in custody was not inculpated by the verdict, but was further kept in charge by the police.
Mr. Cooke, solicitor, intimated that he had been instructed by deceased's friends to watch the case on their behalf, but he asked no questions.
Only the cover of the inquest file VPRS 24/P0000, 1872/1127 is digitised. The victim is named as Teing Coul, his family name is Coul.
On the Avoca cemetery register he is recorded as Whin Cong. He was a 45 year old miner. The cemetery register records he was murdered. He was buried 26 February 1872.
I have not found the death certificate.
Avoca Mail, Saturday 2 March 1872, page 3
AVOCA POLICE COURT.
Wednesday, February 28th. (Before C. W. Carr. Esq.. P.M)
...
Mr Cooke said he had been instructed by the friends of a Chinaman who had been killed in a quarrel, named Teang Kong, to apply for the detention in custody of Ah Too, as an accessory to the cause of his death.
Detective Duncan produced a warrant to this effect.
The particulars of the inquest will be found elsewhere, and although the jury had found a ver dict of manslaughter against a Chinaman named Ah Tan, who had absconded, the present prisoner, Ah Too, was not included in such finding.
Bail was asked for by Mr Worsley, and two Chinamen storekeepers having entered into the usual recognizances the prisoner was released to appear on Wednesday next, to answer the charge of manslaughter.
Avoca Mail, Saturday 16 March 1872, page 2
AVOCA POLICE COURT.
Wednesday, March 13th. (Before C. W. Carr, Esq., P.M.).
There was rather a long entry of cases in the Police Court to-day, some of which had been settled out of Court, and others simply required as judgment.
In the criminal list was, foremost, the adjourned prosecution against Ah Chow, for aiding and abetting in the manslaughter of Hun Kong, on Sunday, the 25th February last.
Mr Cooke, as before, appeared to prosecute, and: Mr Worsley defended the accused.
The witnesses were ordered out of Court, when. Mr Cooke remarked that although the police had not thought fit to continue the prosecution against Ah Chow, evidence would be brought forward that day which would prove that he was seriously implicated in the charge. Facts had come to light which had not been known at the right time— the time of the inquest ; and although Ah Chow was discharged then, an inquiry by the Court having jurisdiction to act upon an information properly laid was now asked for, and witnesses would be called in support of the charge as it then appeared.
Camillo Crossa was then called and examined by Mr Cooke — I know the opium shop kept by Ah Lim, at Spring Lead, Maryborough Road, and remember Sunday, the 25th March ; Ah Lim also keeps a gambling house ; I saw the deceased man, Hung Kong, in the place with many, other China men, all talking loudly ; there was a row, and great disturbance ; I saw the prisoner, Ah Chow, strike Hung Kong on the breast, and Ah Tan afterwards kicked him.
Leong Hoon examined through How Qua, the Government interpreter, deposed as follows : — I was at the gambling house kept by Ah Lim on Sunday, the 25th February, about three o'clock There was a long table there, and Ah Tan, the gambling master, was at one end, and Kung Kong, the dead man, next him there was a row about a shilling, which Hung Kong had won, and the gambling master took it up ; there was fighting, and Ah Chow, the prisoner, hit the deceased, and I think he kicked him ; Hung Kong, the deceased, tried to get away, but Ah Chow. and Ah Tan stopped him at the door.
Sheong Kai gave evidence to the same effect which clearly proved that Ah Chow was an active opponent to deceased.
It would be useless as well as tiresome to repeat the details of the evidence, at the conclusion of which Mr Worsley said that he would then offer no evidence or reply if the Bench, decided on a committal.
Mr Carr said he considered that a prima fucie case had been made out, and committed the prisoner for trial, at the next General Sessions at Maryborough, to be held, on the 20th April, bail being allowed in substantial amounts if forthcoming and capable of justification.
Avoca Mail, Saturday 4 May 1872, page 2
At the Court of General Sessions, held at Mary borough on Tuesday last, Ah Chow took his trial on the charge of killing Hang Kong at the Avoca Lead, on the 25th of February last. The circumstances of the case, as arising out of a gambling transaction, will be fresh in the minds of our readers. Mr Worsley appeared for the prisoner. The evidence adduced was identical with that given at the inquest and subsequent police court proceed ings at Avoca, and clearly proved that blows and kicks were administered to the deceased by the prisoner and the man Ah Tang, who has not yet been arrested. Dr Morris gave evidence that the cause of death was rupture of the bowels caused by external violence, and Mr Worsley made a powerful address on behalf of the prisoner. The jury brought in a verdict of guilty, and the prisoner was then sentenced to four years on the roads or other public works of the colony.
I do not think Ah Tan was ever caught and prosecuted.
