When a Chinese miner killed a Chinese miner on the goldfields European justice was brought to bear. Clemency followed.
It started on 25 September 1857 at Donkey Woman’s Gully, near Avoca. A miner of doubtful sanity called Ah Lup attacked and killed his tent-mate, Ga Poo. An inquest was followed by a trial at Castlemaine and Ah Lop was found guilty.
The jury recommended mercy on the ground of Ah Lop’s insanity and the death sentence that had been imposed was commuted to imprisonment for life.
Ah Lop was held in various prisons until 1874, when he was transferred to the Metropolitan Lunatic Asylum. He died in there on 29 October 1914, aged seventy-nine.
A court room with judge or magistrate seated with scribe beside him, policemen, jury in foreground, lawyers at table in front of judge, a man standing in box facing judge with policeman beside him, Chinese man standing in box on left of judge.
State Library of Victoria Accession No : H87.63/2/7B
Ovens and Murray Advertiser (Beechworth, Vic.), 10 October 1857, page 2
SHOCKING MURDER. - Another shocking murder has been committed by a Chinaman, on a Chinaman. On the 25th ult., a Chinese digger named Kinn How Qua [actually Hok Soon], on the Avoca, was awakened by noise of a scuffle, in a neighboring tent. Upon proceeding to the tent, he saw a man named A Lup, striking his mate, Ga Poo, (who was lying in bed) three blows on the head with a pick. He obtained assistance, and secured A Lup. Ga Poo was dead, his head being covered with wounds. A coroner's inquest has resulted in a verdict of wilful murder against the assassin.
Maryborough and Dunolly Advertiser (, Vic.), Thu 6 Oct 1857, Page 2
HORRIBLE MURDER AT AVOCA.
The following appears in the Maryborough Advertiser: — An inquest was held yesterday, at Harrison's Store, Donkey Woman's Gully, Avoca, before F. M. Laidman, Esq., coroner, and the following jury : — Henry Millgate (foreman), Charles Farnsworth, David Bohan, John Bridgewater, Alfred Partridge, John Grant, Joseph Barnett, James Solley, James Starling, William Boyd, Henry Moss, and William Pete, on view of the body of Ga Poo, a Chinaman, who was barbarously murdered by one of his own countrymen. After being sworn in, the jury and coroner proceeded to view the body, which lay in a small tent about one hundred yards from the Store, and which presented a frightful appearance, the head being literally stove in, apparently from blows of a pick, or some instrument of this description. The principal wounds were in the face, and around them were huge masses of vermin, which gave to the corpse a most disgusting appearance. After viewing the body, the jury proceeded to the Locomotive Inn, Avoca, when the inquest was resumed, and the following witnesses examined : —
A Kinn How Qua, having been duly sworn as interpreter, the witnesses were examined through his medium.
Hok Soon having been sworn by blowing out a match, deposed : I am a Chinaman, and a digger, living at Donkey Woman's Gully, Avoca ; I lived next tent to deceased ; on last Friday week, the 25th ult., about nine o'clock at night, I was in bed, but heard a noise and got up; it was people quarrelling ; I went to the next tent and saw a pick in the hands of A Lup ; it was the same pick now produced ; he held it in both hands; he struck the deceased Ga Poo, who was lying in bed, two or three times ; he struck him about the head, close to the nose ; I saw him strike three blows ; I sung out for his friend, Sing Soon, to come in ; when he came up we both went in ; deceased could not move ; he was insensible ; we caught hold of prisoner took the pick from him, and tied him up ; we then sent for the police and gave him into custody ; I saw prisoner and deceased together on the Thursday ; the noise that I heard at the time awoke me; I heard three blows before I went into the tent ; I did not hear any cry out ; the man I see before me is the person who struck the blows ; on catching the prisoner I struck him with my hand, but he said nothing.
To the Foreman : The prisoner was perfectly sober.
To the Coroner : I do not know whether they had a quarrel before ; prisoner and deceased had been working together.
To Mr Langley ; It was better than half an hour after I heard the quarrel that the blows were struck.
Sing Soon deposed : I am a digger at Avoca : I remember the evening of Friday week, the day on which the quarrel was ; I was in my own tent about nine o'clock that evening ; deceased's tent was about 100 feet from mine ; I did not hear any noise.
This witness did his best to fence the questions, and it was almost impossible to elicit anything from him. The Coroner desired the Interpreter to tell him that if he did not answer he would be punished himself. The interpreter then explained that he was a cousin of the prisoner's. The prisoner also endeavored to address some observations in Chinese to the witness, and was with difficulty prevented.
The examination resumed : I do not know what I was doing that night. Hok Soon sent for me to go into Ga Poo's tent. I went in and saw prisoner with a pick in his hand. I did not see him strike with it. I helped to tie him up. Deceased was lying in bed. He was hurt, and there was blood on the pick. He was bleeding from the forehead. There was a candle lighted in the tent. I stood beside the prisoner while Hok Soon went for the police. The pick now produced is the one I saw in A Lup's hand. Neither prisoner nor deceased spoke to me. The latter was insensible. They used to work together.
To the Coroner : Prisoner did not speak to me while the other man was away for the police. The prisoner is the man who had the pick in his hand when I went into the tent. I know nothing more about the quarrel.
Dr Morris deposed : I am a legally qualified medical practitioner, aud reside at Avoca. On Friday week, the 25th ult., about ten o'clock at night, I was called on by the Chinese Interpreter to see the deceased. I found the face suffused with blood from various wounds, not less than five. There was an extensive fracture of the skull in two places. One fracture was at the corner of the eye, which fracture appeared to have perforated the membranes and substance of the brain. The other was close to the ear ; this was also a compound comminuted fracture. The bone was considerably smashed. The other organs were healthy. I believe the blow was struck with such force that the implement itself penetrated, leaving the bones on each side. The fractures were so extensive that it would be difficult to say what was not fractured. One eye was completely destroyed. I could not say that the instrument was exactly a blunt one ; but it was not a knife. The pick produced would be likely to cause such wounds, and I believe I saw it at the place on the same evening covered with blood. Great force must have been used. I have made a post mortem examination in conjunction with Dr. McMahon, and found the wounds described before. No constitution could have recovered such injuries, and I do not believe a full-blooded Englishman would have lived half so long. The internal organs were health. I have no hesitation in saying that the wounds were the cause of death.
Constable Hicks deposed : I am stationed at Avoca. On Friday night, about ten o'clock at night, in accordance with instructions received, I went to the Chinese Camp, at Donkey Woman's Gully. The information was that one Chinaman had murdered another. I was sent on by the sergeant, and on my arrival found the deceased lying on a stretcher, apparently dead ; his head was so covered with blood, that I could not tell whether it was a man's head or not. The prisoner was lying outside, bound hand and foot to a log. He was bound with cords. No one there could speak English, but one intimated "Man sick inside." I took the prisoner into custody. The pick now produced was given me by Sing Soon. It was given me on asking for the weapon that caused the injuries to the deceased man. I searched the prisoner, but found nothing upon him. He is the man I arrested that night. He has been in custody ever since.
The coroner briefly summed up, and the jury, after retiring for about five minutes, returned a verdict — "That A Lup did cruelly and wilfully murder Ga Poo, with the pick produced, according to the evidence."
The prisoner, on being asked what he had to say, said that Ga Poo had played a good many tricks with him. He tried to make him mad. He had been working with him before, and deceased often talked about trying to kill him. Prisoner had a brother, who went to Ararat about a fortnight since, and somebody told him his brother was murdered. Ga Poo, some time ago, threatened to kill both himself and his brother. Prisoner came to the colony in May last, and it was about two or three months since deceased threatened to kill him and his brother. The dispute was about money.
Prisoner, who bore the examination with the most stoical indifference, was then fully committed for trial at the Castlemaine Sessions, to be held on the 28th October next.
Argus (Melbourne, Vic.), Tuesday 3 November 1857, page 5
CASTLEMAINE CRIMINAL SESSIONS.
Friday, 30th October, 1857.
(Before his Honor Mr. Justice Williams.)
Mr. Aspinall acted as Crown Prosecutor.
...
MURDER.
A youthful but repulsive-looking Chinaman was indicted for killing one of his countrymen. Through an interpreter he pleaded not guilty. There being only one interpreter, his Honor refused to proceed with the trial, saying he never would try such cases unless the evidence given in a foreign language was subjected to the test furnished by two interpreters. He said the Chinese Protector ought to be present, and he would adjourn the case.--
Miner's Right.
During the trial a miner called Sing Chong testified: ” he is brother to prisoner, who was often cranky in China, and had been so five or six times since he came to the colony. When cranky, he did not wash his face, and made a mess in the tent. Once in China he chased people with a knife. On the night of Gah Poo’s death he had not washed his face for two days. “
Castlemaine Criminal Sessions, October 30.
Before his Honor Mr. Justice Williams, Mr. Aspinall acting as Crown prosecutor.
...
MURDER.
A-Lop was again arrainged on the charge of murder. A-Ki was sworn as interpreter, and Chu-A-Luk was sworn to watch the interpretation.
Kong Soong said he knew Gah Poo, whose tent was a few yards from his own: in the end of September he went into it, and saw A-Lop using the knife produced : he was killing Gah Poo; he was striking him with it between the eyes, and in the left eye and behind the ear. He used the sharp end of the pick. Witness arrested the prisoner, with the assistance of another Chinaman, tied him with a rope, and sent for a constable. Witness heard some talking in the tent, and, when he went in, found Gah Poo lying down. He had no weapon, and the prisoner had no marks of violence. The talking had lasted for about a quarter of an hour. Prisoner's voice was loudest. Gah Poo and A-Lop were mates, and lived together; they were of one family. When witness entered, Gah Poo appeared to be dead, but afterwards breathed. Witness did not see prisoner strike, but saw him standing over deceased with the pick in his hand. The marks on the pick produced were blood at the time. Gah Poo was a large man. There was no other in the tent when witness entered it.
William Hicks, a constable at Avoca, was called to the Chinese Camp on the 25th September, and when he arrived at the Camp he saw Gah Poh lying apparently dead, with his head covered with blood. The prisoner was tied hand and foot to a tree and was taken into custody. The pick produced was sticking in the ground, and had some blood on it.
Dr Morris had been called to see Gah Poo on the 25th September. Found a fracture of the bones forming the inner part of the orbit. One eye was quite destroyed. There was a fracture of the parietal bone on the left side. The face was covered with blood. The wounds were fatal and would have required considerable force to effect them. They must have been caused by an instrument like the pick produced. Made a post mortem examination on the5th October. Deceased died from the wounds.
Prisoner said he was skylarking with Gah Poo and he got a scratch on his face and some blood came out, and the two first witnesses came in and tied them.
Sing Chong was called, and said he is brother to prisoner, who was often cranky in China, and had been so five or six times since he came to the colony. When cranky, he did not wash his face, and made a mess in the tent. Once in China he chased people with a knife. On the night of Gah Poo's death he had not washed his face for two days.
His Honor told the jury that if they considered the prisoner incapable of distinguishing right from wrong, they must acquit him on the ground of insanity.
The Jury retired to deliberate, and in a few minutes brought in a verdict of Guilty, with a recommendation to mercy, on the ground that they were doubtful of his sanity.
His Honor intimated to the prisoner, that he would forward the recommendation of mercy to the Governor, and pronounce sentence of death.
Age (Melbourne, Vic.), Monday 14 December 1857, page 5
The Chinese man A Lop, convicted of murder at the last Circuit Court of Sandhurst, and sentenced to death, has had his sentence commuted to imprisonment for life. The commutation is grounded on the certificate of the medical officers which state that the man is insane.
A Lop, native of Hong Kong, aged 23 in 1858, was held in the Success prison hulk, Pentridge and Collingwood prisons, and on the Sacramento prison hulk. He was prisoner 3814. In January 1874 he was transferred to the Metropolitan Lunatic Asylum.
Ah Lop died in the Hospital for Insane, Kew, on 29 October 1914, aged 79 years. At the Coroner’s inquest the Superintendant, M. F. H. Gawler, stated
The records show that the deceased Ah Lop was admitted to the above Institution on the 16th January 1874 on the warrant now produced. He was a quiet Chinaman & suffered from Dementia.
He remained in fair health until about a month ago when he showed signs of heart failure. He was put to bed and treated but died at 8.20 pm on the 29-Oct 1914.
He had no marks and no friends known to the department.
See also:
- Ah Kin How Qua (1829-1873) – interpreter
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