The Gundagai Times and Tumut, Adelong, and Murrumbidgee District Advertiser, Fri 6 Jun 1879 1
News of the Week.
GUNDAGAI POLICE COURT
…
WEDNESDAY, JUNE 4th.
(Before Mr [William] Love, PM)
UNNATURAL OFFENCE
Tommy Ah Leong and George Wilson were charged with having committed an unnatural offence at Black Springs, six miles the Gundagai side of Jugiong, on Sunday last.
Mr Perkins appeared for Ah Leong, and the prisoner Wilson was undefended.
The case was heard with closed doors.
Senior-constable [Joseph] Jones deposed: In consequence of information received I arrested the prisoner Wilson yesterday, in the Court-house yard, Gundagai.
Constable [Patrick Owen] Gorman deposed: Yesterday, in company with Constable Bowen, I arrested the prisoner Ah Leong; I subsequently read the warrant to him; in reply to the charge he said, “Yes, all right, yes”; I lodged him in the lockup.
George Milford, blacksmith, residing at Blacksprings, [sic] deposed: The prisoner Wilson has been in my employ as a servant for some time; I believe him to be about seventeen years of age; he used to sleep in a hut near my house; I sent him to bed about half-past eight on Sunday night; some short time afterwards I had occassion [sic] to ask him some question, and went to his hut to look for him; he was not there; the chinaman, who is a hawker of vegetables, was camped near there, and suspected the boy was with him I went to where he was camped; as I approached I heard both the prisoners, who were in the cart, talking; I heard the chinaman promise the boy a gun; I went away because I saw the chinaman coming out of the cart, and did not wish him to see me; subsequently I saw the chinaman sitting at his fire; I asked him where the boy was he said he had gone home; I found he had not; I again went to the cart and heard whispering; the cart is a tilted one; I could not make out what they were saying; I then lifted up the canvass which was hanging down, and looked in; there was a candle burning in a lantern at the end of the cart; (the evidence here was unfit for publication); prisoner, Ah Leong offered me £5 to say nothing about what I saw, but told him I would not take £50.
The witness was cross-examined at some length on behalf of Ah Leong by Mr Perkins.
In reply to the usual charge Ah Leong said he was not guilty, and Wilson made no reply.
The prisoners were then committed to take their trial at the Circuit Court at Wagga Wagga, on the 1st October next.
Mr Perkins applied that Ah Leong might be admitted to bail. Bail was discretionary with the bench.
Senior-sergeant Carroll felt bound to oppose the application. Ah Leong had given up his place, and had transferred his horse and cart to another chinaman, and Wilson was a vagrant.
The Police Magistrate said he should refuse to admit Ah Leong to bail. The police had found some difficulty in arresting him, and he thought that if the application was granted the probability was they would never see him again. He would accept bail for Wilson, two sureties in £200 each.
Both prisoners were removed in custody.
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Depositions for George Wilson and Tommy Ah Leung 1 Oct 1879 Wagga Wagga trial 2
Court House Gundagai
5 June 1879
Robert Wisdom, Attorney General
Sir
Herewith I have the honor to transmit Depositions and Papers in connection with the case noted in the margin (Regina v. George Wilson & Tommy Ah Leeung (or Leong). Sodomy).
The prisoners stand committed to take their trial at the Circuit Court to be holden at Wagga Wagga on the 1st October next.
Bail not allowed.
I have the honor to be
Sir
Your Obedient Servant
[Signed] C[harles]W[ye] Weekes CPS
~ ~ ~ ~ ~
Police Office, Gundagai
5 June 1879
Memorandum of Depositions Transmitted.
To the Honorable the Attorney General, Sydney
Names and descriptions of the Persons committed: George Wilson and Tommy Ah Leeung (or Leong) (a chinese).
Nature of the charge: Sodomy
Date of committal: 4-6-‘79.
Names of witnesses bound to appear: Joseph Jones, Patrick Owen Gorman, George Milford
To what officer and place the depositions have been sent, and when: Clerk of the Peace.
[Signed] Charles W Weekes, CPS
~ ~ ~ ~ ~
(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales,
TO WIT. }
The examination of Joseph Jones of Jugiong, in the Colony of New South Wales, Patrick Owen Gorman of Gundagai and George Milford of Black Springs, in the said Colony, taken on Wednesday, this 4th day of June in the year of Our Lord one thousand eight hundred and seventy nine, at Gundagai in the Colony aforesaid, before the undersigned [one] of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of George Wilson and Tommy Ah Leeung who are charged this day before me, for that they the said George Wilson and Tommy Ah Leeung, on the 1st day of June at Black Springs, in the said Colony, did commit the crime of sodomy.
1
This deponent Joseph Jones being duly sworn saith:– I am Senior Constable of Police Force stationed at Jugiong.
Yesterday morning the 3rd instant I arrested the prisoner George Wilson in the Court House yard at Gundagai.
I charged him with having committed sodomy with Tommy Ah Leing a chinese on Sunday night last at Black Springs – prisoner replied “Yes.”
I received information on Monday evening from George Milford at Black Springs that he had seen Tommy the chinaman and prisoner committing sodomy in the chinaman’s cart on Sunday evening last the 1st inst.
[Signed] Joseph Jones.
Sworn before me at Gundagai this 4th day of June 1879.
[Signed] William Love, PM.
2
This Deponent Patrick Owen Gorman being duly sworn saith:– I am Constable of Police Force stationed at Gundagai.
Yesterday afternoon the 3rd June in company with Constable Bowen I arrested the prisoner Tommy Ah Leung near Mr Perkins’ residence in Gundagai. I charged prisoner with committing sodomy on the 1st of June inst with one George Wilson at Black Springs. In reply to the charge prisoner said “Yes – all right – yes.” On reaching the lock up I received the warrant which I read to him and charged him as follows for that he on the 1st instant at Black Springs did commit the charge crime of sodomy. The warrant is dated at Gundagai the 3rd of June one
3
thousand eight hundred and seventy nine and is under the hand of and seal of William Love – Justice of the Peace.
Prisoner made no reply – I then placed him in the lock up and searched him.
[Signed] Patrick Owen Gorman.
Sworn before me at Gundagai this 4th day of June 1879.
[Signed] W Love, PM.
4
This deponent George Milford being duly sworn saith. I am a Blacksmith residing at Black Springs between Coolac and Jugiong. On Sunday evening the 1st of June instant Tommy Ah chinaman a prisoner now before the Court camped near my house with a horse and cart – he was hawking vegetables – it was a tilted or covered cart – he was in the habit of camping there nearly every week – I know the boy before the Court George Wilson – he was living with me as a servant – from the time I have known him. I believe his age to be about 17 years. I have known him between 7 and 8 years. He used to sleep in a hut in my yard alongside the house – prisoner Wilson was sent to his hut to bed at about half past
5
8 on Sunday night. Soon after he went to his hut I called him to ask if he had shut up the pigs. I got no reply. Finding he was not in his hut and suspecting where he was I went down to the chinaman’s cart, when I got near the cart I heard both prisoners inside the cart talking together – I heard the chinaman promise to boy Wilson a new gun from which the canvas in front of the cart was hanging down and I could not see them. The chinaman got out of the cart and I went away to avoid being seen. I returned in a few minutes and asked the chinaman where was Georgie, meaning the prisoner Wilson, he replied “Gone up the road. Gone home.” I went home and found he was not
6
there – in the course of half an hour I again returned to the cart. I heard the two whispering when I approached the cart. I then lifted up the canvas in front of the cart and looked in. There was a lantern with a sperm candle alight inside the cart. The two prisoners were sitting side by side in the cart. They could not see me. The prisoner George Wilson had the chinaman’s person in his hand. I mean his personal private parts – he was rubbing him up and down. The chinaman said “It’s stiff enough now.” Prisoner Wilson then turned round onto his hands and knees – he let down his trousers and pulled up his shirt from over his backside. I then saw the prisoner, the chinaman, enter his private parts into the aperture of Wilson’s rump – after a little time prisoner Wilson said
7
“Tommy Ah don’t come as quick this time as you did last time.” The chinaman had let down his own trousers and was on his knees when I saw him having carnal connection with the boy Wilson. When the boy made the above remark the prisoner chinaman said “Coming now.”
I then spoke to them and called them a pair of dirty sodomite wretches – I bundled the boy out of the cart with his trousers about his legs. I sent him home. I then told the chinaman I would report the matter to the Police directly. I saw Constable Jones – about an hour after I had pulled the boy out of the cart. I was passing by the cart again and the prisoner the chinaman called me and said “If you say nothing about what you have seen me do I will give
8
you five pounds.” I called him a dirty wretch and said I would not take fifty but I would have him in gaol before long.
The next morning, Monday, the prisoner the chinaman came up to my house to see me – I told my missus to order him away for I would not see him. I did not speak to him – he then left with his cart I gave information to Constable Jones directly I saw him.
The prisoner had been in the habit since last Christmas of giving the boy presents nearly every week. The chinaman generally has a dog with his cart – he had no dog this time. I am quite sure he had no dog with his cart this trip. I am quite sure there was a lighted lantern in the cart. I did not see what was in the cart. The cart was placed alongside the (?) with the props 3
9
under the shafts. I can’t say whether there was anything in the cart. To the best of my belief there were boards all over the body of the cart. The light was on the boards near the tail of the cart.
I approached on inside of the cart first. The shafts of the cart were pointing up the Gundagai road. The cart was below my residence I believe the covering of the cart is of calico. I could see the front part of the cart as I came down.
I did not see any shadow on the front part of the cart – I was not near enough to see any shadow whilst I was in front of the cart. I only lifted the corner of the covering up about an inch, just enough to see under – when I first looked in they were both in front of me, I was partly behind them.
I was always on good terms with the chinaman up to the day that this took place and with the boy also. When they shifted their position in the cart I was very nearly behind them.
[Signed] George Milford.
Sworn before me at Gundagai this 4th day of June 18769.
[Signed] William Love, JP.
10
Both prisoners committed to take their Trial at the Circuit Court to be holden at Wagga Wagga on the 1st of October next.
[Signed] William Love, JP, Gundagai 4th June 1879.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
Tommy Ah Leong a chinese stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 4th day of June in the year of Our Lord one thousand eight hundred and seventy nine for that he, the said Tommy Ah Leong (or Leeung) on the 1st day of June 1879 at Black Springs, in the said Colony, did commit the crime of sodomy and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken 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 Tommy Ah Leong (or Leeung) a chinese, and the witnesses for the Prosecution Joseph Jones, Patrick Owen Gorman and George Milford being severally examined in his presence, the said Tommy Ah Leong 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 Tommy Ah Leong saith as follows:– “I am not guilty.”
Taken before me, at Gundagai, in the said Colony, the day and year first abovementioned.
[Signed] William Love, JP.
~ ~ ~ ~ ~
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
George Wilson stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 4th day of June in the year of Our Lord one thousand eight hundred and seventy nine for that he, the said George Wilson on the 1st day of June 1879 at Black Springs, in the said Colony, did commit the crime of sodomy and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken 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 George Wilson, and the witnesses for the Prosecution Joseph Jones, Patrick Owen Gorman and George Milford being severally examined in his presence, the said George Wilson 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 George Wilson saith as follows:– “I have nothing to say.”
Taken before me, at Gundagai, in the said Colony, the day and year first abovementioned.
[Signed] William Love, JP.
~ ~ ~ ~ ~
(O. 1, 11 & 12 Vic., Cap. 42)
Recognizance to Give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 4th day of June in the year of Our Lord one thousand eight hundred and sixty seventy nine Joseph Jones a Constable of the Police Force of Jugiong in the Colony of New South Wales, Patrick Owen Gorman a Constable of Police of Gundagai in the said Colony, and George Milford of Black Springs in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves 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 abovementioned, at Gundagai in the said Colony, before me
[Signed] William Love, JP.
The condition of the within written Recognizance is such, that whereas Tommy Ah Leong a chinese and George Wilson, were this day charged before me William Love Esquire one of Her Majesty’s Justices of the Peace for the Colony, with having committed the crime of sodomy. If therefore, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Wagga Wagga, in and for the Colony of New South Wales, on the 1st 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 Tommy Ah Leong and George Wilson for the offence aforesaid to the Jurors who shall pass upon the trial of the said Tommy Ah Leong and George Wilson then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] William Love, JP.
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[On the depositions’ cover sheet is the following]
Wagga Wagga CC
1 October 1879
No.562
Depositions.
Regina No. 1
v.
George Wilson
and
Tommy Ah Leung (or Leong)
Sodomy
See [below] within [initialled] R[obert[ W[isdom] AG
Committed at Gundagai
on 5 June 1879
~ ~ ~ ~ ~
Buggery
[Initialled] RW AG
Wagga 1 Oct ‘79
Coram Faucett J
Buchanan for T Leong
O’Ryan – asst by Judge per P Wilson
~ ~ ~ ~ ~
Justice P Faucett’s Notebook 4
113
Wagga Wagga
Wednesday October 1 – 1879 –
G Milner Stephen prosecutes for Crown
Queen v Tommy Ah Long and George Wilson
Buchanan for Tommy Ah Long
O’Ryan (at my request) for Wilson
Joseph Jones examined by Stephen. Senior Constable. I know prisoners. I arrested George Wilson on 3rd June last in the Court House at Gundagai.
I charged him with committing sodomy with Tommy Ah Leung at Black Springs on Sunday night last – Sunday was the 1st – Tuesday was the 3rd. The 2nd Yes.
I had seen George Milford the day before.
Patrick Owen Gorman examined by Stephen. I know Ah Leung – I arrested him on the 3rd June at the residence of Mr Perkins at Gundagai.
I said I arrest you on a charge of having committed sodomy with one George Wilson at Black Springs on Sunday night the first.
He replied Yes – all right – yes.
I took him to the watch house. On arriving there I read the warrant to him – dated 3 June under the hand of William Love JP.
I placed him in the lock-up.
George Milford examined by Stephen. Blacksmith residing at Black Springs near Jugiong.
On Sunday evening the 1st June about ½ past 8 the boy who was living with me
114
in my service was told to go to bed – His bed was about 2 yards from the house where I lived –
Prisoner Ah Leung was camping about 200 yards from my house – with a horse and tilted cart. He was hawking vegetables.
I have known him 7 or 8 years on the road.
I have known the boy about 7 years – he has been 14 months in my service.
The chinaman generally went down on the Saturdays and returned on the Sundays.
The two prisoners were acquainted – it might be for 5 or 6 months.
I wanted to ask the boy some questions and went to his hut door to ask him – he was not there.
I went down the road and thro’ a fence till I got opposite the cart. I heard them talk.
I heard the chinaman promising the boy to bring him out a new gun next Saturday.
I could hear him quite plain. The boy asked him where he would get the gun. The man said at Mr Bibo’s.
The boy asked him what he was going to give for the gun. He said £2.
I heard a noise as if of some person getting out of the cart and I went back so as not to be seen.
I went about 50 yards – and when on the middle of the road I saw the chinaman at his fire.
I bid him good night. He did the same.
I asked him where is Georgy – he said he is gone up the road and gone home.
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I went home – and found he was not there – not at his hut.
I went back to the cart again – in all a quarter of an hour.
I heard some whispering but I could not understand what they were saying.
I went to the part of the cart which was resting on the propsticks.
I lifted up the canvas of the cart and looked in – there was a very good light – a sperm candle in a lamp. The cart was boarded over above the vegetables – the canvassing being over that.
They were sitting on (that ?) board.
The boy had the chinaman’s person in his hand.
The chinaman said It is standing up now.
The boy turned round on his knees and let down his trousers.
The chinaman turned round on his knees and entered his private part into the boy’s body.
The boy was then on his hands and knees.
The boy said You don’t come so quick this time as it did last time Tommy.
The chinaman said It is coming now.
I called them a pair of dirty ------ wretches – and I pulled the boy out of the cart with his trousers down.
I hunted the boy home. I told the chinaman I would give him in charge to the constable.
In the (best ?) of an hour after I went to go down the road and the chinaman called me and told me if I would not tell what I saw he would give me £5. I called him a dirty wretch and said I would not take £50.
Next morning he came to my place – and I ordered him away.
I reported to Constable Jones.
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Cross-examined by Buchanan. I waited to see what they meant to do.
I could see quite plain – with (canvas ?) up – about an inch and ½ – I kept looking in.
I have been in NS Wales 25 years – came from Victoria – came there from Adelaide – came from England.
I was not convicted twice – never convicted of perjury. The chinaman supplied my Mrs with vegetables.
To my knowledge I don’t owe him anything.
There was a very good light burning all the time.
Cross-examined by O’Ryan. I did not go to the cart in (less ?) (time ?) – the cart was on the side of the road.
I walked so that I could not be heard.
I did see it enter (the ?) (?).
The boy is simple – he is very foolish and simple.
I took him off the road in charity – about 14 months ago.
I had seen [him] about with the neighbours for 6-7 years.
He is about 15 or 16 16 or 17. I came out in the ship Alfred . I paid my passage – an emigrant to Adelaide.
Case for Crown.
By Juror. Propsticks in front of the cart and some at back.
Buchanan. Reads certificate from Mr Ebsworth JP of Gundagai. Also a certificate signed by a number of landholders.
Buchanan to Jury. Medical man. Lights.
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Thomas Rankin examined by O’Ryan. Gaoler. I remember the day prisoner Wilson was brought into the gaol.
He told me his age was 13 years – I made no other enquiries.
I had no reason from his manner to doubt what he said.
I received him in gaol on 27 June last. He was sent to me from Gundagai – and sent back to Gundagai to separate him from (?).
I had not much conversation with him.
I had no reason to suspect him of telling untruths.
O’Ryan to Jury. 14 years.
Verdict.
Tommy Ah Leung guilty of attempt.
George Wilson not guilty as being under age.
Sentence 2 years in Darlinghurst Gaol with Hard Labour.
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The Wagga Wagga Advertiser, Sat 4 Oct 1879 5
WAGGA WAGGA CIRCUIT COURT.
WEDNESDAY, OCTOBER 1.
(Before his Honor Mr Justice Faucett and Henry Baylis, Esq, PM.)
The Bar was represented by Messrs O Ryan [sic], Buchanan, Stephen, Simpson, and Lees (of the Crown Law Department), barristers; and Messrs Fitzhardinge, EB Tompson, Campbell, Garland, Williams, and John Horgan, solicitors.
Mr George Milner Stephen prosecuted on behalf of the Crown.
…
SODOMY
Tommy Leeong and George Wilson were charged with the above offence.
Tommy Leeong pleaded not guilty, and was defended by Mr Buchanan.
George Wilson, the other prisoner, in answer to the charge first said guilty, and afterwards not guilty. The prisoner appeared to be insane.
Mr O’Ryan was appointed by his Honor to defend the prisoner.
The case for the Crown was that the prisoners did feloniously commit the abominable and detestable act of sodomy, at Back [sic–Black] Springs, on the 1st of June.
Senior-constable Joseph Jones deposed to having arrested the prisoner George Wilson on the 3rd of June, at Gundagai, charged him with committing sodomy with the chinaman Tommy Ah Leeong, Back Springs, on 1st June; he replied, “Yes.”
Constable Patrick Owen Gorman deposed to having arrested Tommy Ah Leong on the 3rd of June last on the charge of committing sodomy with George Wilson on Sunday, 1st June; in reply to the charge prisoner said, “Yes, all right, yes.”
George Milford, blacksmith, deposed that on Sunday evening, 1st June, about 8.30 pm, told Wilson to go to bed; the chinese prisoner Tommy Ah Leeong was camped about 200 yards from my house in his titled cart; Ah Leeong is a hawker of vegetables; have known prisoner Wilson about 14 years; he has been in my service about 14 months; the prisoner Ah Leong passed my house about once a week; after telling the boy to go to bed I wanted to know if he had fastened up two pigs; went to his bedroom and found him absent; then went and found him in the cart with the chinese; heard the chinese promising my servant boy Wilson that he would bring him out a gun on the next Saturday; the boy asked the chinese where he would get the gun; the chinese replied that he would get it at Mr Bibo’s, and he was going to give £2 for the gun; then heard a noise of someone getting out of the cart; retired about 50 yards, when the chinese went towards the camp fire near the cart; bid him good evening; then asked him where George was; the chinese replied that he had gone up the road towards home; went to look for Wilson, and found he was not in the house; went back to the cart and heard whispering, which I could not understand; then went to the shafts of the cart, which were resting on the prop sticks; lifted up the canvas in front of the tilt; looked in and saw there was a light burning; saw that the cart was boarded on which prisoners were sitting, the canvass tilt being over all. (Witness here described what he saw, which was of the most revolting character.) Afterwards threatened to give the chinese in charge; the same night the chinese prisoner came and asked me not to prosecute, and he would give me £5; called him a beast, and refused to take £50.
To Mr Buchanan: I saw the whole proceedings from beginning to end; was very much excited; did not express my indignation till all was over, when I called them names; have been in the colony about 26 years; was never convicted for perjury; declined to say if ever I was in gaol, or how many times I have been convicted. (His Honor here held that prisoner was not bound to answer the question.) I am not aware of owing the chinese money for vegetables; kept the canvass up looking at the prisoner, to which I said nothing; saw the case from first to last.
To Mr O’Ryan: I walked quietly up to the cart; had light boots on at the time; walked so as I could not be heard; gave evidence at the Police Court describing the offence.
To his Honor: Prisoner Wilson has no reasoning faculty; he is a very foolish lad; picked him up on the roadside out of charity last April twelve months, and had fed and clothed him since; know him about 7 years.
To Mr Buchanan: I came out to this colony by the ship Alfred; was not transported.
Witness here described in answer to a jury-an the position of the cat.
To his Honor: The boy’s age is 16 or 17.
Mr Buchanan here presented certificates of character from residents of Gundagai in favour of Tommy Ah Leeong, expressing their surprise at the charge brought against the prisoner.
Mr Buchanan then addessed [sic] the jury. The present case was a capital offence. The charge was a detestable one, which should be the means of making the jury thoroughly satisfied that the crime had been committed. There were some extraordinarily defects in this case. Why was not a medical man engaged in the case? It would be impossible for the offence to have taken place without leaving some trace of the crime having been committed. A medical man would have been able to say what were the effects; but the present case was not supported by one word from a medical man. All the evidence in this case was that of one solitary witness. The same law in this case was applicable to the charge of rape. The evidence was entirely unsupported, and it was for the jury to be careful in taking this man’s evidence, which, if accepted by the jury, would be the means of sending the prisoners to their account. The present case was a not an every-day matter. The whole circumstances gave the lie to the witness who had given his evidence, and showed the utter unreliability of the man’s statement when he refused to state for what and how many times he himself had been convicted. The witness to the whole affair said he saw the proceedings from commencement to finish, and never offered to interfere. If the affair did take place, witness was guilty to God and man for not preventing it. It was most monstrous, and how could the jurymen accept the evidence of a man who made such a statement as this – a statement which was most abominable and atrocious.
Mr O’Ryan, on behalf of the prisoner Wilson, referred to the age of the boy, who should be acquitted, as he was only 13 years of age. The prosecuting witness had said the boy was about 17 years of age. The police, during the boy’s incarceration in gaol for four months, had never made any attempt to ascertain the exact age of the boy. The lad could have no legal knowledge that it would be an advantage if he stated his age wrongly. The law was perfectly concise on the point, that the lad could not be convicted under 14 years of age, and should therefore be acquitted. The boy should have a better knowledge of his age than his employer. The witness stated that the lad was very simple, and went so far as to imply that the boy was not able to distinguish right from wrong; that the lad was of that character to think that he was not doing wrong. Why did not the witness protect the lad from the outrage when he had the opportunity of doing so? It was scandalous on the part fo him who pretended to be the boy’s protector. The evidence was unreliable and uncorroborated.
Mr Stephen replied.
His Honor summed up, pointing out that the information termed the offence an assault, and from the reading of the information it would appear that Wilson committed the offence upon himself. But the Court would look over these technicalities, and view the matter upon its broad principle. If the prisoner Wilson was under 14 years of age he should be acquitted, whether guilty or not guilty. It appears that Wilson was only a consenting party to the outrage. The proceedings were very unpleasant to inquire into; but the law demanded it. Judges were of opinion that juries should not convict in cases upon uncorroborated testimony, and there had only been one single witness for the prosecution, and in this case it was necessary to be certain that the witness was speaking the truth. Witnesses did, on some occasions, not speak the truth; but in such cases there was generally a strong motive, and it was for the jury to say if they thought there was any motive in this case. A person of any common sense must come to the conclusion that the witness was speaking the truth, otherwise he was telling the untruth. But there was no reasonable grounds for the latter supposition. His Honor further reviewed the evidence at some considerable length.
The jury returned a verdict of an attempt to commit the crime of sodomy on the part [of] Tommy Leeong, and not guilty against Geo Wilson.
Tommy Leeong was sentenced to two years’ imprisonment in Darlinghurst gaol, with hard labour.
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The Maitland Mercury and Hunter River General Advertiser, Sat 4 Oct 1879 6
TELEGRAPHIC INTELLIGENCE.
————
(From the Herald, Echo, and Evening News.)
…
WAGGA.
Thursday.
(Evening News.)—The Circuit Court opened yesterday, before Mr Justice Faucett. There was one capital offence tried, the only one on the calendar. The prisoners were Ah Cheong and a boy named George Wilson. The former prisoner was convicted, and the latter was acquitted. Mr Buchanan defended the Chinaman, and Mr O’Ryan the boy Wilson. The other barristers present were Messrs Simpson and GM Stephen.
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Wagga Wagga Express, Sat 4 Oct 1879 7
CIRCUIT COURT.
WEDNESDAY, OCTOBER 1, [1879]
The Circuit Court was opened by his Honour Mr Justice Faucett on Wednesday.
Mr GM Stephen was in attendance as Crown Prosecutor, instructed by Mr Lees, of the Crown Law Office, the other members of the bar present being – Mr Simpson, Mr Buchanan, and Mr O’Ryan, with the local solicitors – Mr HB Fitzhardinge, Mr Williams, Mr JR Garland, Mr Horgan, Mr A Campbell, and Mr JB Tompson.
…
UNNATURAL OFFENCE.
Tommy Ah Leong and Geo Wilson were charged with the commission of an unnatural offence.
The prisoner Ah Leong pleaded not guilty, and was defended by Mr Buchanan, instructed by Mr Garland.
The prisoner Wilson, an idiotic looking lad, pleaded guilty, but did not appear to understand what he was doing, as he afterwards told Mr Buchanan his plea was not guilty. A plea of not guilty was entered, and, at his Honour’s request, Mr O’Ryan and Mr Fitzhardinge consented to watch the case for Wilson.
Ah Leong was found guilty of an attempt, and sentenced to two years’ imprisonment. The boy Wilson was discharged.
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The Riverine Grazier, Wed 8 Oct 1879 8
WAGGA.—At the Wagga Circuit Court on Wednesday before Justice Fawcett, Tommy Ah Leong, a Chinese, and George Wilson, the latter a lunatic, were charged with an unnatural offence. The evidence was most revolting. Leong was found guilty of an attempt and sentenced to two years’ imprisonment at Darlinghurst; Wilson was acquitted.
1 The Gundagai Times and Tumut, Adelong, and Murrumbidgee District Advertiser, Fri 6 Jun 1879, p. 2. Emphasis added.
2 SRNSW: NRS880, [9/6650], Supreme Court, Papers and depositions, Wagga Wagga, 1879, No. 562. Emphasis added.
3 Mn: (?) information
4 SRNSW: NRS5927, [2/3940], Judiciary, P Faucett, J. Notebooks Circuit Courts, 1866-87, pp. 113-7. Emphasis added.
5 The Wagga Wagga Advertiser, Sat 4 Oct 1879, p. 6. Emphasis added.
6 The Maitland Mercury and Hunter River General Advertiser, Sat 4 Oct 1879, p. 16.
7 Wagga Wagga Express, Sat 4 Oct 1879, p. 2.
8 The Riverine Grazier, Wed 8 Oct 1879, p. 4.