A shortage of interpreters at Avoca

In 1873, the death of the well-known and very able Chinese court-room interpreter named Howqua left a significant vacancy in the administration of justice in the Colony. Substitutes were found, but not all of them were as capable as might be desired.

In November 1874 a Chinese miner called Ah Yen sought to prosecute Ellen Sherlock for hitting him with a broom-handle. A man named Ah Wing was a potential interpreter for the court case but there was some difficulty in swearing him in due to religion – he was in the process of becoming Christianised. The case was delayed by a fortnight  and a man named Loo Ching interpreted but the newspaper report of the case suggests he was not very fluent in English.

The Avoca Mail editorialised on the issue reporting the comments of Leonard Worsley, barrister-at-law in Avoca, that  “justice cannot be done because the complainant is a poor Chinaman.”

Avoca Mail, Friday 6 November 1874, page 2

The necessity for the appointment by the Government of a Chinese interpreter was demonstrated in the Police Court on Wednesday last. During the progress of business a case was called on, Ah Yen v Ellen Sherlock, in which the plaintiff charged the defendant with having assaulted him on the 27th of last month. Complainant was unable to speak English sufficiently to give his evidence, and asked for an interpreter, and the question then arose as to where one could be obtained. A Chinaman who was present, named Ah Wing, who spoke English with tolerable fluency, was requested to act; but then came a difficulty as to the mode to be adopted in swearing him. When asked what religion he professed, he said "Church of England," and went on to explain that he had for four weeks been taking lessons in Christianity, but that the minister declined to baptise him until he had received further instruction in his new faith. To swear the proposed interpreter by the match-extinguishing process would, under- the circumstances, have been ridiculous; while the Bench seemed to think that a month's instruction in Christian theology was scarcely sufficient to enable a Chinaman to properly understand all the obligations and responsibilities of the Christian oath. The case had therefore to be postponed until the 18th instant, in order that a suitable interpreter might be obtained— or, failing this, as we suppose, to give Mr Ah Wing an opportunity of completing his religious education — when the course of justice will probably proceed. Mr Worsley made a serious complaint of the delay on the part of the Government in appointing an interpreter in this neighborhood, and added that he was at loss where to obtain the services of a suitable person by the date of the adjournment. This drew from Mr Carr the announcement that the Government would not in future provide interpreters for private cases. For reasons of economy this is no doubt a wise decision, where many of the cases are of so exclusively private a nature that it would amount to a positive waste of the public money to provide an interpreter for every petty squabble in which a Chinaman takes part ; but in some cases — as, for instance, the one before the Court on Wednesday, where the keeping of the public peace was involved — the services, of an interpreter at the cost of the Government might well be allowed, as part of the national machinery for the punishment of offenders against the law. There are many cases daily brought before our Courts of Petty Sessions by private complainants which it would be the duty of the police to move in if the circumstances came to their knowledge, or took place under their personal observation, and in such instances as these the services of an interpreter should be provided. We suppose that if a constable had witnessed the alleged assault upon Ah Yen he would have arrested the aggressor, and the case would then have had the benefit of a Government interpreter. Although only a private summons case, as it now stands, the breach of the peace (if any has been committed) remains the same, and it does seem rather hard that, as Mr Worsley observed, "justice cannot be done because the complainant is a poor Chinaman." Apart altogether from these considerations, it is evident that with our large Chinese populations in all parts of the colony, there should be in every district a recognised and duly appointed interpreter, in order that suitors should not be compelled to engage the first English-speaking Chinaman to be obtained, and we hope that the Government will not longer delay the appointment of one, and also that they will reconsider their determination of excluding all private cases from the duties of their official interpreters.

Avoca Mail, Friday 6 November 1874, page 2

AVOCA POLICE COURT.
Wednesday, November 4th, 1874. (Before C. W. Carr, Esq., P.M.)
…
Ah Yen v Ellen Sherlock.— This was a summons for an assault alleged to have been committed on Tuesday the 27th ult., at Greenhill Creek. Mr Worsley appeared for the plaintiff and Mr Cooke for the defendant; In opening the case Mr Worsley explained that complainant, a miner, went on to the land occupied by defendant, when the defendant advanced upon him with a broomhandle. Complainant took up his tools to depart when the defendant struck him a severe blow on the left arm with the stick, which blow incapacitated him from following his daily labor, and rendered medical treatment necessary. The complainant, on being called upon for his evidence, expressed his inability to speak English, and desired an interpreter. Ah Wing, who was in court, was requested to officiate, but the Bench declined to swear him for the reason that he had forsaken his old faith, and was only in process of education into the tenets of the Christian religion. As it became evident that a postponement would be necessary, the Bench consented to receive the medical testimony in order to save expense to the parties. Dr Morris then deposed that he had examined the complainant and found swelling and discoloration on his arm. The injuries were sufficiently severe to render the complainant incapable of following his usual employment, and might have been inflicted by a blow from a broom-handle or any blunt instrument. The case was then adjourned to the 18th inst., at complainant's request, for want of an interpreter.

The case was heard a fortnight later with an interpreter named Loo Ching. Ah Yen was successful in his claim for damages. 

Avoca Mail, Friday 20 November 1874, page 2

AVOCA POLICE COURT.
Wednesday, November 18th, 1874. (Before C. W. Carr, Esq., P.M.)
…
Ah Yen v Ellen Sherlock. — This was an assault case which had been adjourned from the 4th inst for the attendance of an interpreter of the Chinese language. Loo Ching now appeared in that capacity to the best of his "lights," which were not particularly intelligible, and the case proceeded. Mr Worsley, barrister, appeared for the Chinaman and Mr Cooke for Mrs Sherlock. Complainant deposed that on the 27th of last month he went on to the premises of defendant's, husband to " take up a claim," and defendant came and struck him on the arm with a broom handle making a bad bruise, which Dr Morris, of Avoca, saw and attended him for. He was much hurt. Dr Morris, as we reported, attended on the last court day and gave evidence as to the nature of the injury Cross examined by Mr Cooke : Had a miner's, right (produced). Had said he would take £1 to settle the matter and would not take out summons. Understood the words, " One pound, no harm." Had a pick and shovel on his arm. Mr Cooke contended that Ah Yen had no right on defendant's land without notice, and that his threatening aspect caused fear on the part of his client, who admitted a blow with the broom-handle but that it was inflicted in self defence. Mrs Sherlock gave her statement of the affair, and the Bench, in deciding, said that certainly there was an assault committed, but it was to some extent provoked. Defendant was fined half a crown with costs of summons and surgeon's attendance also professional fee, amounting together to £1 5s 6d. The amount was paid.