Depositions for Ah Hu 14 Oct 1890 Armidale trial 1
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Ah Hu |
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(c) Offence. |
(c) An attempt to commit an Infamous crime |
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(d) Town. |
Police Office, (d) Armidale |
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12th September 1890 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Ah Hu |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Circuit Court |
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to be held at (h) Armidale |
on Tuesday |
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(h) Town where Court |
the 14th day of October 1890 |
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The accused is (i) confined in the gaol at Albury? |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Owen Cuskelly was examined but was not bound over owing to his being under the age of 21 years viz 11 years. He has no relatives living of the age of 21 years to consent to be bound over on his behalf.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) nil |
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I have the honor to be, |
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[Signed] John M[ichael] Sheahan |
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Clerk of Petty Sessions |
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The Secretary, |
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Attorney General’s Department. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
Armidale
TO WIT. }
The examination of Joshua Redman of Armidale in the Colony of New South Wales, and Owen Cuskelly of Armidale in the said Colony, taken on oath this ninth and twelfth days of September in the year of Our Lord one thousand eight hundred and ninety at Armidale in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the present and hearing of Ah Hu who is charged this day before me for that he the said Ah Hu on the 25th day of August last at Armidale in the said Colony, did unlawfully attempt to commit an infamous crime to wit the crime of “buggery”.
1
Joshua Redman on oath saith:– I am a Constable of Police stationed at Armidale. Yesterday the ninth instant I arrested the prisoner Ah Hu by virtue of a warrant [see below] I now produce wherein he is charged with on the twenty fifth August last at Armidale with unlawfully attempt to commit a certain infamous crime on Owen Cuskelly to wit the crime of buggery. It is under the hand and seal of CE Smith, a Justice of the Peace for the Colony of New South Wales. In reply to the charge prisoner said “Boy call me monkey. Me no (savee ?)”.
[Signed] J Redman.
Sworn before me the 10th September 1890 at Armidale.
[Signed] CE Smith, PM.
Prisoner is remanded until Friday the 12th instant.
[Signed] CE Smith, PM.
2
Owen Cuskelly on oath saith:– I am eleven years of age. I live on the Inverell Road with my brother & sister. I know the prisoner, I saw him on Monday or Tuesday the 25th or 26th of last month. He was in his garden as I was going past. His garden is near where we are living in O’Neil Street. It was between ten and eleven o’clock, I saw him. I was about 20 yards away from the garden. Prisoner called me and said he would give me two oranges and six pence if I would come into the garden to him. He said to me “You let me fuck you and I will give you six pence and two oranges.” He had his person exposed at the time. I started to go home, he said if I came back and went inside with him he would give me a shilling. He then said “How much you charge for letting me ‘ride’ your little sister?” I told him I would tell the police on him and that he would get into gaol.
3
He never said anything wrong to me before. The prisoner was standing against the fence. It is a sapling fence. I did go near him when he called. I was on the road going past his place at the time. The fence is alongside the road.
By Mr (Earny ?) Solicitor: I stood when he called me. I did not go over to the fence. I have never called prisoner chinaman money. Prisoner lives by himself. He has been there over two years. I used to pass there every day going to school. I did not ask prisoner that day for an onion. I asked him on the day before to give me an onion for a penny. He said he hadn’t one. We sometimes get vegetables from the prisoner. I don’t remember prisoner saying that he would not let me have any more vegetables until my sister paid for what she had got. There are four or five houses near this place. I was by myself this morning. It is
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a two railed sapling fence that is around the garden. Prisoner was at work when I passed his place, he was about two yards from the fence. Prisoner did not show me any oranges or six pence. I saw him undoing his trousers.
To the Bench: He undid his trousers while he was talking to me, he took his person in his hand; his person was uncovered. The fence was open so that I could see through it directly, it was only a two rail fence. There were no bushes or brambles about the fence. He came from where he was working towards the fence. I was talking to him for a few minutes. There was no-one about except the accused and myself. I am certain prisoner was not making water when he took his person out. He had his person out for a minute or a minute and a half. I went away before prisoner left the fence. I was (putting ?) a (bit ?) upon a horse when I saw him going away from the fence.
[Signed] Owen Cuskelly.
Sworn before me at Armidale the 12th September 1890.
[Signed] CE Smith, PM.
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(M., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
Ah Hu stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 12th day of September in the year of Our Lord one thousand eight hundred and ninety for that he, the said Ah Hu on the 25th day of August last at Armidale, in the said Colony, did unlawfully attempt to commit an infamous crime, to wit the crime of buggery and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Ah Hu, and the witnesses for the prosecution Joshua Redman and Owen Cuskelly being severally examined in his presence, the said Ah Hu is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said Ah Hu saith as follows:– “I never said anything to the boy. I was working all the time, the boy called me monkey.”
Taken before me, at Armidale, in the said Colony, the day and year first above mentioned.
[Signed] CE Smith, PM
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G. 190.
REGINA.
versus
Ah Hu
Offence,— attempt to commit an infamous crime.
The accused stands committed to take trial at the next Court of Gaol Delivery to be holden at Armidale, on the 14th day of October 1890. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100
[Signed] CE Smith, PM.
JP.
Dated at Armidale Police
Office,
this fourteenth
day of September
AD 1890
4g 416 - 88
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 12th day of September in the year of Our Lord one thousand eight hundred and ninety Joshua Redman a [Constable] of the Police Force, in the Colony of New South Wales, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves [sic] to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Armidale in the said Colony, before me.
[Signed] CE Smith, JP.
The Condition of the within written Recognizance is such, that whereas Ah Hu was this day charged before CE Smith Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with an attempt to commit an unnatural offence infamous crime.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Armidale in and for the Colony of New South Wales, on the 14th day of October next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Ah Hu for the offence aforesaid, to the jurors who shall pass upon the trial of the said Ah Hu then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] CE Smith, JP.
(B)
Warrant to Apprehend a Person Charged with an Indictable Offence.
To Patrick Rafferty, a Constable in the Police Force for the Colony of New South Wales, and to all other Constables in said force. Whereas Ah Hu of Armidale, in the said Colony, has this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that he on the 25th day of August now instant, did attempt to commit a certain infamous crime on Owen Cuskelly to wit the crime of buggery.
These are therefore to command you, in Her majesty’s name, forthwith to apprehend the said Ah Hu, and to bring before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the said charge, and to be further dealt with according to law.
Given under the hand and seal, this ninth day of September, in the year of Our Lord one thousand eight hundred and ninety, at Armidale in the Colony aforesaid.
[Signed] CE Smith, Justice of the Peace.
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[On the depositions’ cover sheet is the following]
Circuit Court
Armidale
14th October 1890
No. 219
Depositions.
Regina No. 2
Ah Hu
Attempt to commit an infamous crime
See [below] within. [initialled] G[eorge] B[owen] S[impson] AG
13/9/90
Committed at: Armidale
on: 12th September 1890
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Armidale Circuit Oct 14th 1890
Coram Stephen J & jury of 12
Cohen for Crown
Prisoner undefended
Verdict Guilty
[Initialled] HEC 14/10/90
Sentence: Imprisonment in Armidale Gaol for 6 mths.
[Initialled] HEC
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1. Soliciting a person to commit Buggery
Attempt [signed] GB Simpson, AG
13/9/90
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Justice MH Stephen’s notebook 2
162
[Armidale, 14 October 1890]
Ah Hee 3 – soliciting to commit the crime of Buggery.
Plea not guilty.
163
Owen Cuskely. 4 – 11 years old. I am living with my big sister & brother. I know prisoner. I have known him for about two years. Prisoner lived near me – about 200 yards away – Monday or Tuesday in (?) 25th August – in the morning … prisoner was in his garden – I was outside on the road. I was going to put a bell on the horse. I was 20 yards away – I went over to the fence – just as I was going up – The prisoner said I’ll give you 6d. & two oranges if you will let me fucking you – I said that I would tell the police & he showed me his person. I went home – he said how much you charge for letting me lie with your little sister. When I was (starting ?) he said that he would give me a shilling – he said about the shilling, I think, before he said about my sister – fence was saplings & wire. I could see the prisoner. I used to pass his place often on going to school – 4 or 5 houses about
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there. The nearest house was 100 yards away … no one else about – He unbuttoned his trousers. I was about 5 minutes talking.
Joshua Redmond. 5 Constable – at Armidale. I arrested the prisoner on 9 September last – I charged him with offence – that he did attempt on the 25 August to commit an infamous crime to wit the crime of buggery on Owen C. He replied, Boy called me monkey – no (savey ? sorry ?).
Defence
Ah Puck. On the day that the offence is charged witness was inside prisoner’s hut (?) tobacco – I heard the boy & the prisoner, angry words passing between them.
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Cross-examined. Witness is I am in prisoner’s employ.
Cuskely recalled. I was never in prisoner’s hut – nor called him a monkey – nor – (buggery ?) – he said that he would sell me his chair for 6d.
By prisoner. I was not I was not going to his place for vegetables.
Guilty.
6 months imprisonment Armidale Gaol.
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Evening News, Wed 15 Oct 1890 6
ACCIDENTS AND OFFENCES.
…
At the Armidale Circuit Court on Tuesday, Ah Hee [sic] was convicted of soliciting a boy to commit an abominable offence, and was sentenced to six months’ imprisonment.
1 Supreme Court, Papers and depositions, Armidale, 1890, No. 219. Emphasis added.
2 SRNSW: NRS7710, [2/7234], Judiciary, MH Stephen, J. Notebooks Circuit Courts, 1876-1903, pp. 162-5. Emphasis added.
3 Ah Hu in transcript of depositions.
4 Cuskelly in transcript of depositions.
5 Redman in transcript of depositions.
6 Evening News, (Sydney, NSW), Wed 15 Oct 1890, p. 6.