THE MYRTLEFORD MURDER.

Thames Guardian and Mining Record, Volume I, Issue 27, 7 November 1871, Page 3

THE MYRTLEFORD MURDER.

CONVICTION AND SENTENCE OF THE PRISONER. (ABRIDGED FROM THE OVENS ADVERTISER, OCT. 14.) At the Bcechworth Circuit Court on Friday, before His Honour Mr. Justice Barry, Mr. C. A. Smyth prosecuting for the Crown, James Quin was informed against for murdering Ah Woo on August 24th. Mr. Bowman defended the prisoner. The following are the more important parts of the evidence : Mary Jane Cullen repeated the evidence given by her at the inquest. She said — I remember the 27th August. I was at Myrtleford on that date. I was in front of a cook-shop kept by a Chinaman. That man (Ah Shang) keeps it. I saw two Chinamen come up in a cart. About two minutes afterwards a European came. It was the prisoner. Passed Mr. Smith’s place in the buggy more than an hour before, and saw the prisoner. It was nearly two hours before. Ah Shang deposed,—l keep a cook-shop at Myrtleford. I know last witness and Ah Cow. I knew Ah Woo, who is dead. I know the prisoner. I saw him on the day Ah Woo was killed, at 2 o’clock. I saw Ah Woo going up with fowls and ducks two or three days before. The last witness was at his place on the Sunday Ah Woo and Ah Cow caine up and got out of their cart, which was drawn by a white horse. Prisoner came up immediately afterwards. He asked me for a new pipe, and I said I had not got one. He then stepped back and asked Ah Woo. who did not give him a pipe. Ah Woo did not smoke. The prisoner stopped four or five minutes, and then went on towards Bcecliwortb. Ah Woo and Ah Cow went on through the township between 3 and 4 o’clock. Prisoner said he lived at Running Creek. That was befere he saw the two Chinamen. It was Sunday, 2Qtli August. He wore a dark coat, dirty moleskin trousers, and a hat (marked E) something like that produced. Ah Sing, fowl dealer at the Buckland, deposed, —On Saturday, the 2Gth August, I met the prisoner about five and a half miles from Myrtleford on the Bright side, going towards Beechworth, about halfpast five. Prisoner was in the road. Prisoner spoke to me, asking me, “ You see Chinaman horse and spring-cart coming down ?” I said “ What is the matter ; what do you want to know if the Chinaman’s cart is coming for?” Prisoner said he wanted to have a ride in his cart to Wangaratta. I was going to the Buckland, and prisoner in the opposite direction towards Myrtleford. I knew of Ah Woo going up. Prisoner had on a dark coat, and trousers all same” as mine—(a sort of moleskin). The hat was something like that produced, John Moore, a lad of 14, living with his father and mother at Myrtleford, remembered the day Ah Woo was murdered. He said, —I saw the prisoner about 2 o’clock on that day, coming down from the direction of Bright. He had a dark coat on, flirty moleskin trousers, and a black hat marked like that produced (marked F), but with a narrower brim. He asked lhe for a pipe, and I told him he

could get one at Paul’s store. He went away in that direction. I picked him out from a number of men. To Mr. Bowman. —I believe the other men were prisoners, dressed in old clothes. To Mr. Smyth.—l described the prisoner before I saw him. I have no doubt that he is the man. Elizabeth Paul, storekeeper at Myrtleford deposed,—l remember the day Ah Woo was murdered, Sunday, August 27th. Prisoner came to my private door that day and asked for some clay pipes. I brought out two, and he chose one of them branded “Davidson, Glasgow.” Kee Yet, pig dealer at Morse’s Creek, through the interpreter deposed,—l have a mate named Min Ting. I knew Ah Woo, who was killed, and Ah Cow. I remember the day Ah Woo was murdered. Min Ting and I were coming into Myrtleford from Dr. Mackay’s together on that Sunday. About three quarters of a mile on the Beechworth side of Myrtleford we met a European. I did not know the man before, but I see him again. That, (prisoner) is the man. After meeting prisoner met Ah Woo and Ah Cow, in about 10 or 15 minutes. They were in a cart, and spoke to me. Min Ting and I went on towards Myrtleford, Ah Woo and Ah Cow going towards Beechworth. Afterwards I saw Ah Cow beckoning to me with his hat. At that time I had got very near to the bridge. I stopped to speak to Ah Cow and I went back to him. I saw lots of blood on his face, and asked what was the matter. He was running back towards me. After Ah Cow had told me something I went for the police, and saw Constable Hogan. I went back looking for All Woo and Ah Cow, and I saw the cart tied up to a tree. Other people came from Myrtleford to the place where the body was found. I saw Constable Hogan riding along the road beyond where the cart was. I made a search for Ah Woo. The body was found under flic fog in the race.

Ah Cow, examined through the interpreter, deposed,—l am a pig dealer residing at Morse’s Creek. I knew Ah Woo. He was a gardener, living at Wangaratta. I was at Bright on the Sunday Ah Woo was murdered, and met him there.. We travelled together from Bright to Myrtleford. Left Bright about 9 o’clock. Did not know prisoner before that day. I saw him at the time of the murder. I remember stopping at Ah Shang’s. We got there about 2 o’clock, and stayed there “ nearly about two hours.” I did not then see the prisoner. When we left Ah Shang’s we passed through Myrtleford in the cart. After that we met Kee Yet and Min Ting driving pigs. Ah A\ r oo and I spoke to' them. 1 did not see any children. AVe then went on along the road to Beechworth. W r e had gone about 200 or 300 yards when I saw prisoner. Ah W r oo was driving. I was sitting beside him. AATien we met prisoner he asked for a ride. He said “ You give me one mile in the cart, Is.” Ah AVoo said “ Horse very tired.” Prisoner said nothing then, and we drove on, passing him. The next thing was, prisoner jumped on the back of the cart, and got into it. Ho kicked against a box, and Ah AVoo told him that the box had something in it, and he must not break it. Ah AVoo handed prisoner a bag of chaff to the back of the cart, and told him to sit upon it. He did so. Ah AVoo was still driving the horse, and prisoner was behind. AVe had gone about 10 yards when I was struck by prisoner on the head from behind. (AVitness here showed his wound). I was struck with something like iron. The blow knocked me off the scat towards Ah AA r oo. I don’t know whether there was blood running or no. AA r hen I came to my senses I. heard Ah AVoo, and I wiped away the blood from my ej-e. I saw the European take hold of Ah AVoo’s tail.

His Honour asked what European, and witness, pointing to prisoner, said, 11 That man.” Examination continued.—Could not say which hand. The prisoner had a tomahawk in the other hand. He chopped All Woo on the head. I saw him do it twice. Ah Woo’s head was covered with blood. Ah Woo at this time was on the road, behind the cart; he was on his feet. I was lying in the cart. I do not know how Ah Woo" got out of the cart. All Woo called to me “ If you arc able, go for Koc Yet.” Before I was struck I had some notes in my belt; one £lO note, two £5 notes, 20 £1 notes, and half-a-crown. That was gone when I went up the side of the range. I got out of the cart and went for Kee Yet. The last thing I saw when I turned round my head was prisoner holding All Woo by the tail, and strik ing with the tomahawk. Ah Woo was standing. I ran away then, and met Kee Yet when I came down the hill. I also saw Constable Hogan with others going towards where the struggle was. 1 was present when the body was found, AVc had a tomahawk (tomahawk produced). That is the one; it was Ah Woo’s. I smoke. Ah Woo did not. That (a wooden pipe) is my pipe. Prisoner had a pipe in his mouth when lie came up. It was a clay pipe, and lie was smoking it when he got into the cart. The tomahawk prisoner was striking with was like that now produced (a small tomahawk with a short, roughish handle). Prisoner when I first saw him had on a dark coat and dirty moleskin tvousors. He had a black cap on. It was like that one ; it had a peak. I have no doubt that prisoner assaulted Ah Woo. At the close of the evidence Mr. Bowman addressed the jury for the defence. His Honour then summed up, pointing out to the jury whatever bore in favour of the prisoner or against him. He said that the ease bad been admirably got up, and that Crown prosecutor bad brought the evidence forward in a most clear and definite manner, and connected the different facts remarkably well. The prisoner had been most ably defended, and the jury had evidently given the greatest attention to the case.

The juiy retired for some time, and did not return until a quarter to 2 in the morning, when the foreman, amidst the solemn siienee of a crowded court, announced that the jury had unanimously arrived at a verdict of “Guilty.” The prisoner, when asked if he had anything to say, said, “I consider I haven’t had fair play. I got a sheet of paper to make a private statement to my solicitor, and it was taken from me by the governor, who, I believe, showed it to the prosecutor. I am an innocent man, and I shall never ask for a reprieve.” Mr. Bowman said such a statement was never made to him. His Honour then, in a very impressive manner, delivered judgment. He said that the prisoner had been treated most fairly. He had been defended by the justice of the Crown—he would not call it generosity. He (the judge) believed that the witnesses had given their evidence with calmness and fairness. That was not a final decision, as the sentence would be reconsidered by another tribunal, hut he would he doing wrong to hold out any hope of mere}'. His Honour passed senteuce ’of death in the usual OU«,