The Avoca and District Historical Society is dedicated to preserving, collecting and researching the history of Avoca, Victoria, and the surrounding district
Mary Ann McCoy was one of a small number of European women who married Chinese men on the gold fields. Addicted to drink and opium she died age 22 at Percydale in 1872.
In the 1850s he McCoy family moved to Victoria. They were at Talbot in 1855 and in Ararat from about 1857 .
In 1867 at the age of about 17 Mary Ann married Ah Car, a Chinese opium dealer. They had no children.
Five years later, on 2 April 1872, she died at Percydale age 22. A coroner’s inquest held the next day found her cause of death to be “effusion on the brain, the result of alcohol poisoning and excessive smoking of opium”.
Depositions were made by
Her husband, who spoke of her being a heavy drinker and opium smoker. He said that she was 22, a native of Sydney and that she left a father, mother and sister at Ararat and that her father was a farmer.
A neighbour, Annie Williams, who had known her for three or four years and also spoke of her drinking and smoking opium.
Another neighbour, Catherine Ah Toon, wife of another opium dealer, who was present at her death.
The Avoca doctor John McMahon who performed the post-mortem examination.
Deposition by Ah Car, opium dealer, husband of the deceased Mary Ann Ah Car Pubic Record Office Victoria Inquest Deposition Files (VPRS24) 1872/84 Female Mary Ann Ah Car: Inquest Given name : Mary Ann; Family name : Ah Car; Cause of death : Effusion in the brain; Location of hearing : Percydale VPRS 24/P0000, 1872/84 (image 5)
An inquest was held by the coroner, L. Worsley Esq., at the Percydale Hotel, on Wednesday last on view of the body of Mary Ann Ah Kar, aged 22 years, the wife of a Chinese opium dealer. From the evidence adduced it appeared that the deceased had been taken ill on the previous Saturday, but no doctor was sent for as her husband did not apprehend any danger until a few hours before her death, when the services of a Chinese doctor were procured. The husband deposed that she had been a heavy drinker of gin for the last three or four years, and also smoked opium to a great extent. Two female witnesses, who had known her for several years passed, corroborated the testimony of the husband. The post mortem examination made by Dr McMahon proved that the cause of death was alcoholic poisoning. The doctor stated that the lungs and heart of deceased were in a healthy state, but that the liver was enormously enlarged, and there was also a serous effusion on the brain. The jury brought in a verdict in accordance with the medical testimony.
In the 1868 Victorian Parliament Report on The Chinese Population in Victoria, there is a mention of “dens of infamy and immorality” populated with “abandoned European women”.
The report expressed concern that the effects of opium would “in the course of time the practice will gradually spread among the European population, and produce as disastrous results upon them as upon the Chinese people”.
Further reading:
In the 1867 survey of Chinese in Avoca: Statistics of Chinese Population in Avoca supplied by Howqua, the Chinese interpreter stated
4 Chinese were married to European women in this colony
2 opium-shops.
Evils of opium smoking: A man comes to get an intolerable craving for it. If the Government were to impose a heavy duty on opium, the number of opium smokers would be lessened by one-half.
50 Chinese out of 100 are opium smokers.
From 11s. to 12s. are spent by rich Chinese on opium per week; 6s. to 7s. by men in middling circumstances; 2s. 6d. to 3s. a week by poor men.
To stop opium smoking: A man who sees the evils that spring from it, will of himself cease using the drug.
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.
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
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.
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.
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.
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.
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.”
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
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 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 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.
