Mrs Isabella Galbraith A.T.C.L., music teacher

Isabella Tryphena Wilson was born in 1874 in Warrnambool, Victoria, to Edward Henry Wilson a watchmaker and Rosina Ann Wilson nee Larke.

Isabella passed the music exams of Trinity College London, becoming an Associate ATCL [Associate Trinity College London].

In 1895 Isabella, now a music teacher, married William Gibson Galbraith in Melbourne. In 1896 they had a son, Geoff, born in Richmond. 

Not long afterwards the marriage broke down. William went to New Zealand where he enlisted as a rifleman and served in World War 1. He died of wounds in 1917.

Isabella and her son settled at Bacchus Marsh, where she taught music. About 1909 they moved to Avoca.

Mrs Galbraith and her son Geoff, who played the clarinet, performed in many concerts in aid of the Free Library, the Temperance Society, churches, the Red Cross, and other such causes.

Mrs Galbraith became widely known in Avoca as a popular and effective music teacher.

Avoca Free Press and Farmers’ and Miners’ Journal, Saturday 7 November 1914, page 2

We are pleased to chronicle the success of two local children in connection with the London Trinity College of Music examinations. These were Babe Samers and Gwena Deeble, both of whom passed with honors in the pianoforte examinations. This is highly creditable to the two young candidates who will doubtless become highly accomplished musicians. Babe Samers also passed in 1913. Great praise is due to Mrs Galbraith, A.T.C.L., who prepared the children for the examinations, and their success must be very gratifying to this capable teacher of the pianoforte.

Avoca Mail, Tuesday 14 November 1916, page 2

TRINITY COLLEGE, LONDON.
The following candidates from Avoca were successful at the examination in practical music held at Ballarat on Friday by Prof. Chas. Schilsky First Steps — : Leila Agnes Snell, Junior— Veronica Gladys Chambers and Gwena Audin Deeble. Intermediate — Leonie Mary Samers. The whole of the above are pupils of Mrs Galbraith, A.L.C M., of High St., and pupils and teacher alike are to be congratulated on their success.

In 1918 Mrs Galbraith moved from Avoca to Heidelberg in Melbourne.

Ballarat Star, Tuesday 23 July 1918, page 6

AVOCA.
PRESENTATION.
At the close of the services at the Presbyterian Church on Sunday evening. Mrs Galbraith, A.T.C.L., was presented with a handsome silver chain bag as a token of esteem. Mrs Galbraith, who has acted as organist for the church for some years, is leaving Avoca. She is an accomplished musician, and her departure will be much regretted.

Isabella Galbraith died in 1956 at Mordialloc at the age of 81.

Woman showing right profile, back to camera, seated at a piano.
A woman at the piano, about 1900
State Library of Victoria Accession No : H2013.186/26
(I have not found a portrait of Mrs Galbraith)

Wikitree: Isabella Tryphena (Wilson) Galbraith (1874-1956)

Ellen Knight nee Reilly, 1838–1907, nurse

Ellen Riely, daughter of Thomas Riely and Eliza Duning, was born in 1837 in Ballingarry, County Tipperary, Ireland. She was baptised on 13 September 1837.

On 19 August 1856 Ellen married a miner named Charles Knight at Saint Alipius Roman Catholic church, Ballarat, Victoria, Australia.

They lived at Beaufort for five years and Avoca for forty-six years.

Ellen and Charles Knight had thirteen children:

  1. William (1857)
  2. Elizabeth (1861)
  3. Emily (1862)
  4. Thomas (1863)
  5. Ellen (1865)
  6. Emily Mary (1867) 
  7. Susannah (1869)
  8. Ada (1870)
  9. Minnie (1872)
  10. Florence (1875) 
  11. Harriet (1876)
  12. Charles (1879)
  13. Mary Kate (1881)

Ellen was employed in Avoca as a nurse.

In 1886 she sued for unpaid fees owed to her by Mrs Tregonning.

Avoca Mail, Tuesday 4 May 1886, page 2

AVOCA POLICE COURT
Monday, May 3rd, 1886. (Before C. W. Carr, Esq., P.M.)
E. Knight v. J Tregonning— Claim for £1 10s amount due for nursing. No appearance of defendant. Complainant deposed that Mrs Tregonning came to her and engaged her to nurse her during her confinement, which she did for about a fortnight. The arrangements as to payment were made with Mrs Tregonning. The bill was sent to defendant but he returned it with a letter stating that he had advertised the fact that he would not be responsible for any debts contracted by his wife. [The letter was handed into court.] Mrs Tregonning called deposed that she was married to defendant in April 1884, by the Rev. D. S. Lindsay, and lived with her husband at Clunes until September 1885, about that time her father became very ill, and she wished to come home to him, but her husband refused to allow her to come. She then came without his permission, and returned after being absent six or seven days, when she was treated very cruelly. She came back to Avoca and has been residing with her father. She had engaged Mrs Knight to attend her and the charges, were reasonable. The Bench made an order for the amount and 5s costs to be covered by distress.

In August 1889 Mrs Knight was paid by the Avoca Ladies’ Benevolent Society for looking after a destitute woman. Later that month she cared for a neglected infant.

In 1905 Ellen Knight was registered to vote in Avoca, in the Federal electorate of Laanecoorie. Her occupation was “nurse”.

In 1906 Ellen and Charles Knight celebrated their 50th wedding anniversary.

Age (Melbourne, Vic), Monday 20 August 1906, page 1

KNIGHT - REILLY.— (Golden Wedding).— On the 19th August, 1856, at St. Alphius's Church, Bakery Hill, Ballarat. by the Rev. Francis Finley, Charles, second son of William and Susannah Knight, of Adelaide, South Australia, to Ellen. eldest daughter of Thomas and Bessie Reilly, Tipperary, Ireland. Present address, Barnett-street, Avoca

On 2 January 1907 Ellen Knight of Avoca was admitted to Maryborough Hospital. She was Roman Catholic, married. She had arrived in the Colony on the ship Morris which had departed from Liverpool.

Ellen died from cancer on 6 April and was buried at Avoca.

Age, Thursday 11 April 1907, page 1

KNIGHT.—On the 6th April, at her residence, Barnett-street, Avoca, after a long and painful illness, Ellen, the beloved wife of Charles Knight, and mother of Thomas, William, Mary, Mrs. Burnett, Kew; Mrs. Johnston, West Melbourne; Mrs. McKenzie, Christchurch; Mrs. Pellett, Auburn; Mrs. McCarthy, Footscray; Mrs. Morris, Moonambel, and Mrs. Arrowsmith, Fitzroy, aged 69 years

In memory of Ellen and Charles Knight her descendants have added a plaque to the Avoca cemetery memorial wall honoring early settlers.

In Commemoration of our Pioneer Ancestors
CHARLES and ELLEN (nee REILLY) KNIGHT
Natives of Shalbourne, England, and Ballingarry (South), Tipperary, Ireland; Married at Saint Alipius church, Ballaarat, on August 19, 1856; Resided Beaufort 5 yrs, Avoca 46 yrs; Charles employed in the goldmines
They raised a fine family of Australian born children -William (1857), Elizabeth (1861), Emily (1862), Thomas (1863), Ellen (1865), Emily Mary (1867), Susannah (1869), Ada (1870), Minnie (1872), Florence (1875), Harriet (1876), Charles (1879), and Mary Kate (1881)
Died – ELLEN 1907, CHARLES 1908; Interred in plot A169 Avoca Cemetery
Placed on behalf of all their descendants by grandchildren of Mary Kate

Wikitree: Ellen (Riely) Knight (1837-1907)

Ethel Redpath nee Hellings, 1871–1914

Ethel Hellings was born in Avoca in 1871. She was the youngest daughter of Thomas Hellings a bricklayer, and Elizabeth Hellings nee Gay.

In 1880 Ethel Hellings in second class at Avoca State School received a prize. The next year she received a prize in third class.

Ethel Hellings was a member of the choir at the Avoca Wesleyan Church.

On 16 March 1898 Ethel married John Redpath.

Ballarat Star, Saturday 26 March 1898, page 6

WEDDINGS.
The marriage of Mr John Redpath, second son of Mr George Redpath, and Miss Ethel Hellings, youngest daughter of Mr Thomas Hellings, of Avoca, took place at the Wesleyan Church on the 16th inst., the ceremony being performed by the Rev. J. A. Osborne. The church was very tastefully decorated with flowers and evergreens by friends and members of the choir, a beautiful wedding bell, suspended from the centre of an artistically arranged arch above the altar, being much admired. The bride, who was given away by her father, carried a handsome bridal bouquet, and looked charming in a dress of rich peacook green plush, the bodice being exquisitely trimmed with white chiffon and ribbon; a veil and wreath of orange blossom being also worn. The bridesmaids, who were attired in cream nun's veiling, were Miss Jenkins (of St. Arnaud) and the Misses C. and L. Morish (cousins of the bride). Mr Leon Hellings officiated as best man and Messrs P. Morish and A. Redpath as groomsmen. Prior to and at the conclusion of the service the choir, with which the bride had for a number of years been connected, rendered excellent selections, and as the party left the church the Wedding March was most effectively played by the organist, Miss Trevens. The happy couple left by the afternoon train on their holiday tour, the bride's travelling dress being of electric blue lustre, trimmed with corded silk and white beaver. The presents received were both numerous and costly.

John and Ethel Redpath had seven children.

In 1914 Ethel Redpath died age 42 at Maryborough Hospital. Her youngest child was just six months old.

Avoca Free Press and Farmers’ and Miners’ Journal, Wednesday 25 March 1914, page 3

Obituary.
Very deep regret was felt here when it became known that Mrs J Redpath had passed away. The sad event occurred yesterday at the Maryborough Hospital after a somewhat lengthy illness. The deceased was a daughter of the late Mr Thos Hellings, who for many years was the leading bricklayer in this town. In her girlhood Mrs Redpath was a prominent member of the local Methodist choir, and her services were highly valued. The sympathy of a wide circle of friends will go out to the sorrowing husband (Mr John Redpath) and the family in their very sad bereavement. Seven children (the youngest being only a few months old) are left to mourn their loss. The deceased lady was a sister of Mr E. J. Hellings and Mrs G. W. Redpath (Avoca). and Mr T. L. Hellings, bandmaster, of Bairnsdale. Mrs Thos. Hellings senr., mother of deceased, resides in Avoca, and she also has the deepest sympathy of everyone, Deceased was 42 years old. The funeral will take place at Avoca cemetery this afternoon.
Members of the Avoca branch of the A.N.A. are requested to meet at Member J Redpath's residence at 3 o'clock this afternoon for the purpose of marching in a body to the place of interment.

Avoca Free Press and Farmers’ and Miners’ Journal, Saturday 28 March 1914, page 2

The funeral of the late Mrs Ethel Redpath, wife of our esteemed townsman, Mr John Redpath, took place on Wednesday afternoon, and was largely attended by friends and relatives. Members of the Avoca Branch of the A.N.A. marched in front of the hearse to the cemetery. Rev. Chas. Angwin, Methodist minister, conducted services at the house and grave. In the course of an impressive address the rev. gentleman referred to the sterling character of the deceased lady, whose chief concern throughout her illness, and indeed, during her last moments of life, was not for herself, but for the welfare of her husband and children. Her life was one of noble self-sacrifice, as was exemplified by the manner in which she cared for her little ones and trained them for taking part in meetings in connection with the Methodist Sunday School, of which they are regular attendants. She desired that they should lead Christian lives, and did all she possibly could to direct them in the path of righteousness. Such was an example of a mother's love, the value of which is inestimable. The coffin-bearers were-Messrs O. F. Thomas, S. D. Mitchell, Jas. Hempseed, L. Yates, Chas. Harvey, and H. C. Classen. The mortuary arrangements were carried out by Mr H. F. Classen.

Agnes Snell nee Grewar, 1836–1920

Agnes Grewar was born in 1836 in Kirkton of Glenisla, Forfarshire, Scotland, the daughter of Archibald Grewar (1799–1883) and Margaret McLaren (1809–1881).

About 1850 Agnes and her parents and siblings emigrated to Victoria where they settled in Avoca.

There, in 1858, Agnes married Edmund Snell, a storekeeper. They had nine children.

Agnes Snell served for many years as treasurer of the Avoca Ladies’ Benevolent Society and on occasion as its president. She was also an active member of the local Methodist Church. 

In 1890 the Snell family left Avoca and moved to Melbourne. Edmund Snell sold his business, which was renamed Snell and Co. Mrs Snell was farewelled by the Ladies’ Benevolent Society with a picnic held in her honour.

Avoca Mail, Friday 19 December 1890, page 2

FAREWELL PICNIC TO MRS SNELL.
On Wednesday last the Committee of the Avoca Ladies' Benevolent Society held a picnic, in honour of Mrs E. Snell, who has been a member and collector for the Society since its inception, and last year occupied the position of President. The members of the Committee considered Mrs Snell's services to the Society deserving of recognition, and very sensibly adopted the idea of a trip amongst the beautiful scenery or the Pyrenees, as one of the practical methods of showing their esteem, ere she took her departure-from the Sweet Vale. The party, which numbered about thirty, composed of the members of the Committee and their families, drove out to Elmhurst, and selecting a very pretty spot near Mr Easterbrook's, camped for the day. After partaking of a most recherche, luncheon, the picnickers divided themselves in fishing, shooting and exploring parties, and a most enjoyable time was spent. Gathering again for tea about five o'clock, a very pleasing ceremony took place. The Rev. J. A. Ball opened the proceedings by remarking that he had been requested by the Ladies' Committee to express to their guest, Mrs Snell, the great regret they felt at her approaching departure from Avoca. They had always found her anxious to further the work of the Society in every way, since she became a member of the Committee on its inauguration, and they would greatly miss her in the future. He would not detain them with a lengthy address, as he knew the President of the Society, Mrs Gilbert, had a pleasing duty to perform in presenting Mrs Snell with a parting souvenir from her fellow members on the Committee. Mrs W. P. Gilbert then handed a very handsome mother-of-pearl card case to Mrs Snell, bearing the inscription. "To A. G. S. from the A. B. C., 1890," and in doing so she said that it was with much pleasure she presented the small memento from the Committee of the Ladies' Benevolent Society, as a token of the esteem and regard in which they all hold her. They regretted very deeply her leaving them, as she had always been such a practical, sympathetic and harmonious worker amongst them. Her absence would cause a blank that would not readily be filled. On behalf of the Ladies of the Committee and herself, Mrs Gilbert wished Mrs Snell and family every happiness in their new home. Mrs Snell thanked the Committee sincerely for their kind gift, which she would value highly as a remembrance of her co-workers, and of the kindly feelings they had expressed for herself and her family. She wished them and the Society every prosperity in the future. Mr Bacon briefly expressed the regret that he knew their fellow townspeople felt at parting with Mr and Mrs Snell and their family, and he trusted it would not be long before they would come back to live in Avoca once more. Tea was then partaken of after which the horses were harnessed up, and the party were soon bowling along on the return journey, Avoca being reached shortly after eight o'clock. Those who took part in the day's proceedings were the Rev. J. A. and Mrs Ball, the Rev. W. and Mrs Presley, Cr Paten and Mrs Paten, Cr. Wiltshire and Mrs Wiltshire, Mr and Mrs Ebeling, Mr and Mrs Chellew, Jun., Mr and Miss Bacon, Mrs Gilbert, Mrs Poynter, Mrs and Miss Sproston, Miss Mockett, the guest Mrs Snell, and the younger members of the respective families.

Less than a year later the Snell family returned to Avoca, and Agnes’s husband Edmund repurchased the business.

Avoca Mail, Friday 5 October 1894, page 2

The Avoca District Butter, Cheese and Freezing Company's Factory was opened on Wednesday last, in the presence of a large number of people. Mrs E. Snell, wife of the Chairman of directors, started the machinery, and christened the engine " Excelsior," at the same time breaking a bottle of champagne over it, amid cheers.

When Edmund Snell died in 1896, Agnes, with her children, operated the business.

Agnes took a leading part in the local branch of the Australian Women’s National League (AWNL), an Australian political lobby group first established in 1904.

Ballarat Star, Wednesday 31 March 1920, page 6

AVOCA.
OBITUARY.
The death of Mrs Agnes Snell, which occurred at an early hour on Tuesday morning, has caused profound regret. Mrs Snell came to Avoca in the early digging days, and it was at this town that she married the late Edmund Snell, who conducted a business as general merchant, until his death. Since that time Mrs Snell and the members of the family have carried on the business, which is a large one. Mrs Snell was a prominent figure in public life; she was kindly disposed, and her work for the local Benevolent Society was marked by liberality. A friend to the poor and needy, Mrs Snell will be greatly missed. She took a leading part in the local branch of the Women’s National League, and the day before she was taken ill Mrs Snell attended a meeting at the Shire Hall, where Mrs Berry, the well-known organiser, addressed the members. In church circles she was also an ardent worker; every Sunday she attended the local Methodist Church, and although bordering on 80 years of age; she had a bright intellect, and took much interest in the services. Her death has removed one of the most highly esteemed residents of the town, and as she was only ill a few days her friends received a great shock at the sad event.

Weekly Times (Melbourne, Vic), Saturday 3 April 1920, page 30

Obituary
Mrs Agnes Snell, head of the firm of Snell and Co., general merchants, Avoca, died on Tuesday, aged 80 years Mrs Snell, who left a family, had lived in the district for 60 years. She was a prominent member of the Women's National League.

The Snell store at 172 High Street later became a supermarket. An Avoca Shire Heritage Study of 1993/94 remarked that the then

"Welcome Mart is a typical and largely intact example of a nineteenth century shop dating from a period when Avoca's main street was lined with similar buildings. Its design is expressive of its continuous use as a general store/supermarket since the 1860s."
Edmund Snell’s store before 1890
Snell and co store
Looking down the main street (after 1890).
Photograph 363 of the Avoca and District Historical Society
Google street view February 2010

Wikitree: Agnes (Grewar) Snell (1836-1920)

Six children of Eliza Kilpatrick died from diphtheria in 1864

Eliza Cranwill was born on 8 October 1819 in Dublin, Ireland. She was the daughter of Thomas Smith Cranwill and Frances nee Johnston.

On 28 December 1845 at St Peter’s, City of Dublin, Eliza (26) married James Kilpatrick (25), a linen draper, “in accordance with the rites of the Church of Ireland” [Protestant].

They had five daughters in Ireland. The family emigrated to Victoria in 1854. They lived first in Melbourne, where a son was born at Richmond. In 1856 they moved to Avoca where they had three more children. James Kilpatrick ran a store. The family were active in the Wesleyan Church.

In 1864, in just over three weeks, six of their nine children from died from diphtheria.

  1. George Frederick William Kilpatrick 6 years died 23 Mar 
  2. Evangeline Jessie Kilpatrick 11 years died 25 Mar 
  3. James John Thomas Kilpatrick 8 years died 31 Mar 
  4. Alfred Hayes Kilpatrick 6 months died 8 Apr 
  5. Charles Edward Cranwill Kilpatrick 3 years died 11 April
  6. Caroline Mary Kilpatrick 14 years died 17 April 

One of Eliza’s granddaughters recalled  that

“The undertaker apparently refused to attend the Kilpatrick’s home, scared that he would contract the disease and the Reverend and James Kilpatrick had to take the children, one by one to the cemetery to bury. It must have been a terrible ordeal. The Reverend came back each time over the space of five weeks to help James and Eliza bury their children, and to offer prayers. On the last occasion he turned up with a bottle of sulphur dust, and each of the surviving daughters were administered by the Reverend who poured the sulphur mixture down their throats to hopefully stop them from catching the disease. He apparently turned to the parents and told them he didn’t have the heart to keep coming back to their door, and he had heard that this was a remedy of sorts. It probably burnt the girls’ throats, but that was better than dying. It did the trick, and Elizabeth and Agnes survived.”

Fifteen more deaths from diphtheria are recorded in the Avoca cemetery burial register for 1864, most of them in March, April, and May.

Diphtheria is a bacterial infection, usually affecting the mucous membranes of the nose and throat. With widespread vaccination against the disease from the 1920s, diphtheria is now rare in developed countries.

The Avoca Mail of 21 May 1864 offered the following possible remedy for the disease:

Smarting, as many on Avoca are, under the late bereavements from diptherea, we think it not out of place to reprint the following recipe for its cure, from an English paper, and give it for what it is worth. The introductory part of the paragraph would lead one to the conclusion that some reliance ought to be placed in it, or that, at any rate, it is worth the trial. The paragraph reads thus :— 
"Diphtheria.— The following is a recipe for the cure of diphtheria, from a physician, who says that in 1000 cases in which it has been used not a single patient has been lost. The treatment consists in thoroughly swabbing the back of the mouth and throat with a wash made thus :— Table salt, two drachms ; black pepper, golden seal, nitrate of potash, alumn, one drachm each. Mix and pulverise, put into a teacup, which half fill with boiling water, stir well, and then fill up with good vinegar. Use every half-hour, one, two, and four hours, as recovery progresses. The patient may swallow a little each time. Apply one ounce each of spirits of turpentine, sweet oil, and aqua ammonia, mixed, every four hours, to the whole of the throat, and to the breastbone, keeping flannel to the part.

A gravestone at Avoca cemetery gives the names of the six children of the Kilpatrick family who died of diphtheria, and their parents, Eliza and James.

Gravestone from FindAGrave photographed by Sue McC . Used with permission.
In affectionate Remembrance
of
the beloved children of
JAMES and ELIZA KILPATRICK
~~~
GEORGE FREDERICK WILLIAM
died 23rd March 1864, aged 6 years
EVANGELINE JESSIE
died 25th March 1864, aged 11 years
JAMES JOHN THOMAS
died 1st March 1864, aged 8 years
ALFRED HAYES
died 8th April 1864, aged 6 months
CHARLES EDWARD CRANWILL
died 11th April 1864, aged 3 years
CAROLINE MARY
died 17th April 1864, aged 14 years
also ELIZA KILPATRICK
died November 18th 1907, aged 88 years
THE LORD GAVE AND THE LORD HAS TAKEN
AWAY, BLESSED BE THE NAME OF THE LORD
also their dear father
JAMES KILPATRICK
born Armah(sic), Ireland
died at Adelaide 19th May 1894
LOVED BY ALL WHO KNEW HIM.

Three daughters survived, married, and had children. Two married brothers, Henry and George Wise, sons of William McOboy Wise, an Avoca businessman.

In 1879 Eliza and James moved to Adelaide, where they settled at Mile End. There they kept a store and post office.

James died in 1894. Two years afterwards his body was exhumed and reburied with his children in Avoca.

Eliza returned to Victoria to live with her daughter Elizabeth Grewar at Cope Cope near Donald.

Avoca Mail Tuesday October 22nd 1907

Death of Mrs E. Kilpatrick
Yesterday (October 21st) the remains of Mrs Eliza Kilpatrick were brought from "Avondale", Cope Cope, the residence of her daughter, Mrs Grewar, to be interred at Avoca where her late husband and children were buried. Mrs Kilpatrick had resided with her daughter since the demise of her husband, and she passed away on Friday last at the advanced age of 88 years. She was a native of Dublin, Ireland, and was born in 1819. She came to Victoria with her husband in September 1854, residing in Melbourne until 1856, when they removed to Avoca, and remained here until 1880. Mr Kilpatrick had a general merchant's business in High Street where the Mechanics' Institute now stands, and later was joined in partnership by his son-in-law, Mr Geo Wise, removing to the old Wesleyan chapel - being portion of the premises now occupied by the "Avoca Mail".
Old residents of the district will remember the sad bereavement sustained by Mr and Mrs Kilpatrick during their residence here when in 1864 they lost six children (four sons and two daughters) within four weeks from that dread scourge, diphtheria. They had three daughters left who afterwards married and removed from the district, viz., Mrs Grewar, of Cope Cope, who married a brother of Mrs E.Snell, of Avoca; the late Mrs H. Wise, of Percydale, who was the second daughter; and Mrs G. Wise, of Sydney, the third. In 1880 Mr and Mrs Kilpatrick removed to South Australia and resided in Adelaide where the former died in 1894. Two years later Mrs Kilpatrick returned to Victoria and resided till her death on October 18th, 1907, with her daughter and son-in-law, Mrs and Mr John Grewar, who accompanied her remains to Avoca. Messrs James, Archie and Gordon Grewar, and Arnold Cummings (four grandsons), and Messrs B.D. Snell, and W. M. Chellew carried the remains from the hearse to the grave. The deceased was greatly esteemed and was a good true woman, and died as she lived in Christian faith and hope. She was of a retiring disposition but was loved and respected by all who had the privilege of her friendship.
The burial service was impressively conducted by the Rev. C.R. Godbehear, of Avoca, and a number of choice wreaths were placed on her last resting place by sorrowing friends as a tribute to her memory.

Further reading

For a more detailed account of this family see : Virginia Rundle (2015, November 30). The Kilpatrick family of Dublin city and the Cranwill family of Ballycanew, Wexford, Ireland. Relatives Matter https://www.relativesmatter.com/2015/11/30/the-kilpatrick-and-cranwill-families-from-dublin-and-ballycanew-ireland/

Wikitree :

Olive Moodie, found not guilty of poisoning her family

Olive Amelia Moodie was born in 1882 in Omeo, Victoria, fourth of the eleven children of Stephen Robert Moodie and Elizabeth nee Jones.

Stephen Moodie was first a storekeeper, and later an inspector of gold dredges.

About 1905 Moodie became manager of the No 2 Creek Sluicing Company’s claim and the family moved to Avoca. Olive Moodie taught sewing there and conducted classes in the Avoca Presbyterian Sunday School.

On 1 May 1906 Stephen Moodie died of enteric fever and was buried at Avoca Cemetery.

The Elizabeth Moodie and her daughters moved to Melbourne.

In 1907 Olive’s sister Ada married Peter Leyden and returned to Avoca.

On 17 November 1910 Annie Moodie died from what was suspected to have been food poisoning. Two days later her sister Alma died with similar symptoms.

A week later on 23 November 1910 Elizabeth Moodie died. An inquest found that she had died of arsenic poisoning. The bodies of Elizabeth’s daughters were exhumed. They also had died from arsenic poisoning. The body of Olive’s father, who had died suddenly five years before at Avoca, was also exhumed on 27 January 1911. He was found not to have died from poison. 

Olive was charged with the murder of her mother and two sisters.

Bendigo Advertiser (Vic.), Wednesday 30 November 1910, page 7

FAMILY AT AVOCA.
ACCUSED A SUNDAY SCHOOL TEACHER.
Avoca. 29 November.
Stephen Moodie, with his wife and family of five daughters and two boys, arrived at Avoca some five years ago. The father was manager of the No 2 Creek Sluicing Company's claim for a South Australian Company. He left the position of Government sludge inspector to take up the position. He was of a very active and energetic disposition, and was very popular in sporting circles, being a good cricketer. After residing here for upwards of 12 months he was seized with illness, and died somewhat suddenly. Much sympathy was felt for the family, who after a brief sojourn left to take up their residence in Melbourne. The oldest daughter, Mrs. P. Leyden, was married here, and resides in the district. Olive Moodie, who has been arrested, taught sewing here and conducted classes in the local Presbyterian Sunday School.
Portrait of Olive Moodie from THREE PERSONS POISONED. (1910, December 21). The Herald (Melbourne, Vic.), p. 8. Retrieved from http://nla.gov.au/nla.news-article241982179

The jury could not agree on a verdict in the first trial, so a second trial was held. This time, Olive was found Not Guilty and was acquitted. The evidence against her had been entirely circumstantial.

Australasian (Melbourne, Vic.), Saturday 1 April 1911, page 40

THE MATRICIDE CASE,
OLIVE MOODIE ACQUITTED.
The second trial of Olive Amelia Moodie 24 years of age, who was charged with having at Prahran, on November 23 last, wilfully murdered her mother, Elizabeth Moodie, by administering to her the poison arsenic, was concluded in the Criminal Court on Thursday evening before the Chief Justice and a jury of 12. The prisoner was found not guilty, and was discharged. After the first trial, held in February, the jury had failed to agree.
Mr. Woinarski prosecuted for the Crown and the prisoner was defended by Mr. Maxwell and Mr. Detbridge (instructed by Mr. H. Duigan).
After counsel had addressed the jury, The Chief Justice summed up. He said that so far as the girls Annie and Alma were concerned there was no suggestion of suicide, and except for a remark attributed to the mother, that she would do for all of them, there was nothing to account for Mrs. Moodie taking her own life or that of her daughters. It was clear that the administration of arsenic must be looked for inside the circle of the Moodie family. In getting the second parcel of arsenic the prisoner had been perfectly frank and open. The day after the prisoner got the second lot of arsenic her sister Annie died; and Alma became so ill the next day that she had to be removed to the hospital. The circumstances surrounding the finding of within .05 of a whole grain of arsenic in the bottle of medicine taken from the shop to the mother's room by Mrs. Staggot's were impressive. It was brought to the shop, and from the shop had found its way to where the mother lived. It was for the jury to say what was the importance of the prisoner having said to the detectives that she had not any arsenic, when in fact she had. It was asked why did not the prisoner if she had murdered her mother, hasten to make away with what remained of the arsenic, but it was to be remembered that by that, after the death of the mother, the danger was over, the doctors were satisfied that the death was due to ptomaine poisoning, the magistrate at the inquiry had found that death was due to ptomaine poisoning, and thus the reason for fear was gone. As for motive, none could be suggested, except that the prisoner wanted to get rid of the £1/17/6 which she had to pay for her mother's board. It was almost inconceivable that any person could murder another for £1/17/6; but associated with that was the fact that the prisoner was heavily in debt-her liabilities amounted to £168/15/6. The importance of these financial embarrassments was that they showed the prisoner to be a woman not to be trusted; a woman of no credit, who would resort to all sorts of dodges to play off one creditor against another. It had been said that the prisoner was of a kindly and generous disposition, and in such cases character was always of the highest importance.
The Chief Justice concluded:- "If you gentlemen of the jury, can say you are satisfied that this thing, which most assuredly has been done, was brought about by the hand of the prisoner, it is your duty to find her guilty; but if, on the other hand, you are unable to so satisfy yourselves, it will be your duty to acquit her."
The jury retired to consider their verdict at 25 minutes to 6 o'clock, the Chief Justice having announced that he would return to court at 8 o'clock. Before that hour, the body of the court was filled with persons, a large proportion of those present being women. At 20 minutes to 9 the jury announced that they had agreed upon their verdict. Upon the Chief Justice resuming his seat on the bench, in answer to the usual question the foreman of the jury announced the verdict "Not guilty."
Mr. Woinarski.- I have to announce that there were two other charges against the prisoner, but in view of the verdict of the jury the Crown does not now intend to file any further presentment.
The Chief Justice.-The prisoner is discharged.
Olive Moodie, who had listened to the verdict with composure, stepped slowly from the dock, and, after receiving the embrace of her relatives and friends, was escorted from the building.

After the trial Olive Moodie moved to New South Wales where she married Michael William Sullivan, a miner, in Cobar. They had two children, whose births were registered at Nyngan, and then moved to Queensland. There they had four more children.

Olive Sullivan died on 27 January 1935 at Brisbane.

Wikitree: Olive Amelia (Moodie) Sullivan (1882-1935)]

Margaret (Kinsley) Howell (1843-1914): an Irish emigrant

In Australia from early European settlement to the time of the gold rushes there were many more men than women. After the English, the Irish were the second largest group of settlers to colonise Australia. Half of the immigrants from Ireland were women; the immigrants from other countries were largely composed of men. In 1871 it was estimated that one in four Victorians was born in Ireland; with women being half the Irish-born population.

In these circumstances, an Irish woman had little trouble in finding a husband. Free immigrants often married soon after their arrival. From the mid 1850s to the early 1870s half of Irish women immigrants married non-Irish husbands. Often Catholic women married Protestants.

One of these Irish women was Margaret Kinsley (1843-1914). She married an Englishman from Devon. Although her religion was probably Roman Catholic she was married in the Church of England and was buried in the Church of England section of the Avoca cemetery.

Margaret Kinsley was born in 1843 in County Limerick, Ireland. She was the daughter of Sylvester Kinsley and Elizabeth nee Pally.

Margaret Kinsley emigrated to Australia on the Shackamaxon, which departed Liverpool on 7 November 1860 arriving Melbourne 29 January 1861. The voyage took 140 days. Margaret, 21, unmarried, a servant, was one of 346 government immigrants.

The clipper ship “Shackamaxon

Age (Melbourne, Vic.) of Thursday 31 January 1861, Page 4

The classification of the 344 Government immigrants who arrived on Tuesday evening by the Shackamaxon, is : 28 married couples, 255 single women, 3 single men, 19 children. There have been two deaths, one of a child and the other a man named Ross, who was killed by the stud-sail halyards carrying away, and the yard striking him, in its descent, on the head. Deceased bore an excellent character, and leaves a widow and two children to lament his loss. The ship is as clean both inwardly and outwardly as it is possible for a ship to be. There has been no sickness beyond that of the child, who was consumptive. The immigrants are under the charge of Dr Jolly, who has now completed his tenth voyage in the service of the Emigration Commission, and who, on the present voyage, has originated a new system to keep the single women from wearying through the monotony of a long sea voyage, by starting a kind of bazaar, to be held on board at the termination of the passage, the articles all to be worked on board, and to consist of clothes and fancy work. Yesterday, all these articles were ranged with great taste in the 'tween deck, and presented a very pretty and novel appearance.

Within two years Margaret had made her way to the Avoca district where she married Thomas Howell, overseer of Woodstock Station near Lillicur, east of Lamplough. They were married on 20 June 1863 at St John’s Church of England in Avoca.

Tom and Margaret had fourteen children including twins who died at birth in 1865 and two other children who died young.

In 1880 when Woodstock estate, 7,500 acres with 12,300 sheep, was sold. Thomas Howell continued as overseer.

Margaret Howell was a member of the Avoca Ladies’ Benevolent Society.

In 1913 Margaret and Tom celebrated their Golden Wedding anniversary:

Argus (Melbourne), 20 June 1913

HOWELL—KINSLEY.—[Golden Wedding.]—On the 20th June, 1863, at St. John's Church of England, Avoca, by the late Rev. Garlic, Tom Pym Howell, of Exeter, Devonshire, England, to Margaret Kinsley, of Limerick, Ireland. Present address, Avoca

On 9 September 1914 Margaret, aged 71, died in Maryborough hospital. She was buried in Avoca Cemetery.

Argus, Monday 14 September 1914, page 1

HOWELL.—On the 9th September, at Maryborough Hospital, Margaret, dearly beloved wife of Tom Pym Howell, and loving mother of Bessie, Helen, Marian, Jane, Alice, William, Tom, and Sydney, aged 71 years. A colonist of 55 years.
Her end was peace

Avoca Free Press and Farmers’ and Miners’ Journal, Saturday 12 September 1914, page 2

Obituary
The friends of Mr Thos. Howell senr., will regret to learn of the death of his wife which took place on Wednesday last at the age of 71 years, The deceased lady settled in the Avoca district in the palmy days of gold-mining, and she was married to Mr Howell 55 years ago, at St. John's Church of England, Avoca. Much sympathy is felt for Mr Howell and family in their sad bereavement. The members of the family are — Mrs T. Impey (Ararat); Mrs Bunting (Ringwood); Mrs Dobson (Burrumbeet); Mrs A. F. Kaye and Mrs F. O. Wiltshire (Avoca); Mr W. Howell (Lamplough), Mr T. Howell (Leichardt); Mr S. Howell (Avoca). The remains were interred in Avoca cemetery on Thursday, Rev Chas. Reed officiating at the grave. The coffin-bearers were :- Messrs T. Impey, A.Kaye, F Wiltshire, S., W., and Thos. Howell.

Wikitree: Margaret (Kinsley) Howell (1843-1914) 

See also: Elizabeth Malcolm, Val Noone & Dianne Hall, ‘Irish Women in Australia and Irish-Australian Women: A Survey and Bibliography’, Australasian Journal of Irish Studies 22 (2022), pp. 53–105.

Elva Daphne Barker : 1928—2019  “A Life of Inspiration Born of Necessity”  

From Pyrenees Pioneers issue 291 May 2019

Well known local identity Elva Daphne Barker (nee Jardine) was born on the 18th April 1928 and lived in Avoca until her passing on the 14th April 2019, four days short of her 91st birthday.  

Avoca Community Arts and Gardens together with Elva’s family will  present an amazing exhibition of Elva’s paintings, tapestries, China painting, and garments and costumes in Gallery 127 during July [2019].  

cross stitch artwork, Elva Barker, Untitled (flowers)
cross stitch artwork, Elva Barker, Untitled (flowers) in the collection of the Pyrenees Shire Council (viewed through Victorian Collections)

A tumultuous world on the brink of war and a need for making necessities out of very little, combined with a natural artistic inclination, drew Elva into creating her own version of haute couture in her small-town environment of Avoca. With some tutoring in dressmaking from another local, Sylvia Greenwood, she made most of her own clothing with occasional help from her sister Irene. 

Circa 1948 Elva and Barbara Romey opened a shop in High Street Avoca offering beautifully tailored and bespoke clothing for special events, gowns for debutante balls, weddings and tailored suits, coats and ensembles, as well as everyday clothing including an alteration service. They often travelled to Melbourne by the train to purchase  materials for their small business. Elva recounted that she even made a two-piece bathing costume for herself in about 1946! For her marriage to Lawrence William Barker on the 11th of October 1952, a local boy she had known before he left to serve in the RAAF, Elva created her own beautiful lace wedding dress and a bridesmaid’s dress for her sister, Irene, which are both presented photographically in this exhibition along with many other creations  undertaken for her own family as well as members of her wider community. In later life she also made gowns for ballroom dancing – again for herself and others. A range of various garments that were made by Elva are also  displayed.  

Gardening along with travel particularly overseas inspired her to paint on canvas and on fired china. Examples of her works are presented and reflect a high standard of competence. Elva also loved creating tapestries and would buy kits and then turn them into her own creations by changes in colours and content.  

Elva’s talents went far beyond her dress making. [In 2019 her work was on display at] Gallery 127 at the historic Avoca Railway Station in York Ave [showing] the creative talents of one of the town’s well loved and respected citizens–  Elva Daphne Barker. The Official Opening [was] on Saturday 29th June [2019].

Wikitree: Elva Daphne (Jardine) Barker (1928-2019)

Ah Yen, sojourner

In the forty years between 1850 and 1890 62,990 Chinese are recorded as having entered Victoria by land or sea (the land route from Robe in South Australia.). Sixty percent of these—48,000—later left the Colony, most returning to the Canton (Guangzhou) area from whence they’d come, a hundred miles or so up the Pearl River from Hong Kong.

One of those who went back to China was Ah Yen, an Avoca vegetable hawker and gardener. The Avoca Mail noted his departure in 1882:

Avoca Mail, Tuesday 5 September 1882, page 2

Local housewives will, for some months to come, miss the daily attentions of one who has for some years passed supplied their requirements in the shape of vegetables. Ah Yen, the very civil and obliging vegetable hawker and gardener, having by his industry accumulated a modest competency, has determined to visit his native land, and accordingly started for China yesterday, intending to be absent for twelve months, and we are sure that his customers will wish him a pleasant voyage, and an enjoyable holiday. Ah Yen is still a young man, and it is rumoured that he is going home for a wife — perhaps a couple of wives — and if necessary he can obtain such testimonials from the Avoca housekeepers as will secure ample favor for him in the eyes of the fair daughters of the Flowery Land. While absent his garden will be managed and his business conducted by a relative recently arrived from China.

I do not know how long Ah Yen lived in Avoca, nor anything about his replacement.

I doubt whether he ever came back. Few Chinese made a second trip to Victoria.

During the Australian gold rushes of the 1850s and 1860s, the word “sojourner”, from the Latin ‘to spend a day’, referred to a Chinese who came to Australia temporarily to earn money for his family back home. ‘Sojourner’ is roughly equivalent to our ‘resident alien’.

a Chinese hawker
Print – ‘The Chinese Hawker’, c.1873
Courtesy of the Chinese Museum Retrieved through Victorian Collections

See also:

The murder of Ga Poo by Ah Lop September 1857

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.

Shows 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.
Courtroom scene by Charles Lyall (about 1954).
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. “

Mount Ararat Advertiser and Chronicle for the District of the Wimmera (Vic.), Friday 6 November 1857, page 2

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:

Wikitree: