Ah Kai and Ah Sue, 1881 1
The Sydney Morning Herald, Thu 4 Aug 1881 2
POLICE.
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CENTRAL POLICE COURT.
The Police Magistrate was assisted yesterday on the Criminal side by Messrs: Renwick, Solomon, and Booth; and on the Summons side by Messrs Chapman, Guy, and Hardie.
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WATER POLICE COURT.
Yesterday, before Mr Marsh, WPM, and Mr V Brown, JP.
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Some evidence was taken in the case of Ah Kye [aka Kai] and Ah Sue, Chinamen, charged with attempting to commit an unnatural offence upon a boy named William Jenkins. The prisoners were defended by Messrs Cook and Lowe.
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The Daily Telegraph, Fri 5 Aug 1881 3
The remanded charge against two Chinamen named Ah Koy [aka Kai] and Ah Sue for attempting to commit an offence in regard to a boy named Jenkins, was proceeded with in the Water Police Court yesterday,, when the boy, his father and a lad named Ogilsby were examined, and for the defence two men named Henderson and White, working as sawyers, for the Chinamen. The prisoners were committed for trial at the Central Criminal Court, to be held at Darlinghurst on Monday, August 8. Mr Cook and Mr Low appeared for the prisoners. Bail was allowed in one sum of £80, or two of £40.
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The Sydney Morning Herald, Fri 5 Aug 1881 4
POLICE.
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CENTRAL POLICE COURT.
The Police Magistrate was assisted yesterday, on the Criminal side, by Mr Penfold.
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WATER POLICE COURT.
The bench in the Charge Court was occupied yesterday by Messrs March, Hale, Holborrow, Solomon, Tibbett, and Shaw; and the Summons Court by Messrs Deane and Field.
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Ah Kye, charged with attempting to commit a criminal offence, and Ah Sue, charged with aiding and abetting therein, were committed for trial at the next Court of gaol delivery.
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Justice J Martin’s Notebook 5
148
[Monday 8 August 1881]
Regina v Ah (Kai ? 6), Ah Sue – Attempt to commit sodomy.
These persons being chinamen an interpreter – a chinaman is sworn to interpret the information and evidence to them.
[Mr JH] Want & [Mr] Irving appear for prisoners.
On being arraigned through the interpreter they severally plead not guilty.
Pitcairn for the Crown states case & calls –
1st Witness John Beame. (Senior ?) Constable of Police in Sydney. I arrested Ah Kai (the tall prisoner) by virtue of a warrant charging him with buggery – on Saturday the 30 July about ½ past 2
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o’clock in the afternoon. I told him the charge through an interpreter. In answering he said he come behind me – he touchie me – me no likie – I arrested the other prisoner Ah Sue on the Monday following. The interpreter with me – His answer was “me new chum – me see that boy come for it in sleep that day” – He referred to a boy named Jenkins then present (Jenkins brought into Court). Jenkins identifies the prisoner Ah Sue – a great number of other chinamen were present. He identified the other prisoner at a shop on corner George Street.
Cross-examined Want. The boy shewed me where this offence was supposed to have been committed – in a large work shop in lower George Street. He said it occurred on the 28 July.
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A number of persons work in this shop. Some Europeans were working under the same roof but there was a great lot of timber between where they were and where the chinamen were. The shop was about as long as this Court room – I saw about 14 or 15 men working in this shop when I was there. This was supposed to have taken place on Thursday – I went to arrest prisoner on Saturday. The boy told me the affair took place on Thursday. There is a shop on the street and go down a step ladder to where the chinamen were working. This shed is perfectly open.
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Re-examined Pitcairn. The place pointed out by the boy was at the back of the shop. It was closed in at the sides and open at the side. This was the shavings pit. This was in the middle in the shop concealed by timber from the place where the Europeans were working.
2nd Witness William Jenkins. I live with my parents in Duke Street. My father drives a cart. I know the two prisoners. I am engaged during the day at Forster & Sons, (bedstead ?) manufacturers in Harrington Street. That is about 60 yards from where the prisoners work – that place is We App’s 7 establishment. On Thursday the 28 July I was sent on a message by Mr Forster
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to the Appi’s for shavings. A little boy named Ogilsby was with me. This was about ¼ past 2. I went there & saw the two prisoners. I saw Ah Kai first. I asked him for the shavings. He said yes plenty there – he shewed me where I could [take ?] them. He shewed me a shavings pit. It was a square boxed up place on the level of the ground. If I was in front of the shavings pit I could see people inside – Ah Sue was working in the shop. Ah Sue & Ah Kai. Prisoners were working about 4 feet from each other. They were about 20 feet from the shavings pit.
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There were others working in the shop. Some chinese working upstairs & some Europeans working a good way off in a tin shed. I could not see the Europeans from the shavings pit. There were logs there which prevented me. When I went to the shavings pit Ah Kai said to me “I fuck your sister”. I said “Well I’ll tell my father.” He said “I’ll do the same to your mother.” I went over to the shavings. He said “Yes you tell him your father.” Ah Kai then came over and said “If I don’t do it to your mother or your sister I’ll do it to you.” Ah Sue was working at his bench at the time. I was beginning to fill my bag with shavings. While I was filling the bag Ah Kai
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took down his trowsers then he called Ah Sue over – He said something to Ah Sue who then put his hands across the entrance of the pit to prevent me leaving it. Ah Kai took down his trowsers & he tried to take my trowsers down. He caught me by the arm and leg and knocked me down. He said if I did not lay down he would put his cock in my mouth. I didn’t say anything to that. He put it across my mouth. Ah Sue was present. Then I tried to get out and Ah Sue prevented me. I did not say anything. I did not sing out. I was frightened of them hitting me with something.
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Ogilsby was close by all this time & he told them he would tell a policeman. I think he was laughing. The master of the prisoners was coming downstairs. Ah Sue then went to his work. I then got away. I gave no encouragement to this.
Cross-examined Want. This was ¼ past 2 on Thursday the 28 July. I saw no other chinamen working there. I heard them upstairs. About 8 or 10 chinamen as a rule work in that shed. Two Europeans work there. (Mr (?) and Mr (?) (?). These lived with them. I saw them there that day. I was about 10 minutes in the shed
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before they did this to me. I was about 25 minutes altogether in the shop. I was filling my bag full of shavings. I was talking to the prisoners for ten minutes. They spoke about my sister & mother before I went into the shavings box. I was pretty frightened. I didn’t sing out because I was afraid they would hit me. I knew the prisoners were only workmen. I knew there were Europeans working 13 or 15 feet from me. The boy could have run away and yet he stood looking on laughing. You get into this place by a lane. I was frightened. I didn’t go in the following Saturday to get shavings again.
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Re-examined Pitcairn. The Europeans could not see where I was by reason of the logs.
3rd Witness John Ogilsby. I live in Woolloomooloo Bay. I work at Forster’s in Harrington Street with William Jenkins. On Thursday the 28 July I went with Jenkins to the chinaman’s in George Street, a place where they make furniture. I saw the prisoners there. It was about ¼ past 2 in the afternoon. I heard the taller chinaman Ah Kai say to Jenkins “fetch your sister and if you can’t fetch your sister fetch your mother and I will give you some money.” I heard a lot of chinamen upstairs working. This took place in the back part of the shop. I saw some white men – some sawyers.
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They were outside in a tin shed. They would have to go as far as from here to that part (about 30 feet) before they could see us. The big chinaman was in the shavings bin and the little chinaman was standing with his hands stretched out to prevent Jenkins getting out. The big chinaman had his trowsers down – He was trying to get Jenkins’ trowsers down but he couldn’t. Jenkins’ braces were undone. I never said anything. I stood looking at the chinaman from the door. I saw the prisoners’ master come down. The little chinaman then went to his bench. The big chinaman chased me with a (?) axe and then Jenkins got away.
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I know Jenkins 8 years. I am nearly 12 years old.
Cross-examined Want. I was at the door. I saw them doing all this to Jenkins. I thought they were in earnest. I knew the sawyers were working close by. I did not complain to the master. When the master came Ah Kai pulled his trowsers up quick. It was a little dark when Ah Kai had his trowsers down. I was standing in the middle. The sawyers were in a tin shed. I don’t think the “(tip ?) sawyers” can see right into the shed. I went back to Mr Forster’s. Jenkins went back also. I was not laughing, not very laughing – I wasn’t laughing much – I was half laughing. They put it (his penis) across Jenkins’ mouth.
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4th Witness John Herbert Jenkins. The boy Jenkins is my son. On Thursday the 28 July last my son made a complaint to me about 7 o’clock in the evening.
Cross-examined Want. I have not thrashed the boy more than ever for telling lies. I did not tell the Police Magistrate that I had to thrash him frequently for telling lies.
Case for the Crown closed.
Case for the prisoners.
1st Witness Edward Henderson. I am a sawyer. I am working for the employer of the prisoners & have been for upwards of 2 years. I was not present when Jenkins’
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father gave his evidence. I heard him say that he punished his son for telling lies & other things. On 28 July I was at work in the sawyers’ place. I worked at the tip of the pit. I could see right into the shavings box. I know the boy Jenkins. I saw the two boys come there on that Thursday. I saw them go in and come out. I could see all over the room to the entrance to the shavings box. I don’t believe there is any truth in the statement that Ah prisoners did what the boys swore to. Nothing occurred to cause a suspicion. We were about 20 or 25 feet away from them. There is no pile of timber to prevent me looking into the shed.
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It is my belief that nothing of the kind charged occurred. It is not true that one of the boys ran away. They walked out with the shavings in their bags. They went out close to the pit where I was working. On the Saturday following I saw Jenkins at the shop with a larger boy. They were standing at the entrance of the pit. They stood there very near an hour.
Cross-examined Pitcairn. I am positive I saw the two boys go away on the Thursday. I only recognize one of the boys. I do not know a man named Beehan (Depositions shewn to witness). This is my signature. I was the “tip sawyer” and had to keep the groove. I am quite certain that the boy Jenkins was there
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on the Saturday.
Re-examined Want. I could work without keeping my eye constantly on the groove on which I was working. Jenkins came with the big boy between 12 10 & 12 on the Saturday.
2nd Witness James White. I am a sawyer. – “tip sawyer”. I work in Wah Atts Hapi’s yard. I was there the 28 July all day. I have seen Jenkins before. I know him. I saw him at Wah Hapi’s – The prisoners work there – 10–12 other chinamen work in the same shed with them. Some of these chinamen are at court outside now – The shed is an open shed. I saw some boys there on the Thursday. I can’t say whether Jenkins was one of them.
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From our pit we can see into the shed. I could see where Ah Kai worked – I don’t think it is possible that the assault complained of could have taken place on the 28 July. I saw two boys leave the shed with a bag of shavings. I was at work on Saturday. I saw Jenkins there on the Saturday. He was standing at the end of our pit for an hour. It was in the morning before 12 o’clock.
Cross-examined. I could see right into the shavings pit. I would have to turn my head to look into it.
3rd Witness Ah Chow, examined through an interpreter. I work
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at Wy Hat’s yard with prisoners – one man can see all the men in the shop. I know the boy Jenkins. I saw Jenkins there on Thursday a little more than 2 o’clock – about 6 or 7 men were working on the floor. About 30 men were working upstairs. The 6 could see any way. It is not true that Ah Kai did what Jenkins has sworn to. I saw Jenkins go away with a bag full of shavings. Nobody chased the boy. On Saturday the boy came again but he did not take any shavings. The other chinamen who were working there on the 28 July are outside the Court.
Case for the defence closed.
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Case for the Crown in reply.
1st Witness John Beehan. I am employed in Mr Forster’s manufactory. I know the boys Jenkins & Ogilsby. I remember Saturday the 30 July. I was with Jenkins. I think Ogilsby was at work. I went with Jenkins from Forster & Co to the Water Police Court. We left at ½ past 9. I was there about an hour and a half. Jenkins wasn’t on Wah Hap’s premises on the Saturday. We may have passed there.
Cross-examined. We did pass Wah Hap’s premises. We left the Water Police Court at ½ past 11 – we got there at quarter past 10. I made a mistake when I said I got there
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at ¼ to 11. I spoke to Inspector Johnson on the way.
Re-examined. I didn’t carry a watch. I was with Jenkins all that day.
Want addresses the Jury.
I sum up and the Jury retired at 10 minutes past 5 o’clock. They returned into Court in five pounds minutes and find the prisoners not guilty, whereupon they were discharged.
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Evening News, Tue 9 Aug 1881 8
CENTRAL CRIMINAL COURT.
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MONDAY, AUGUST 8.
(Before his Honor the Chief Justice.)
The Attorney-General and Mr Pitcairn prosecuted on behalf of the Crown.
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ACQUITTAL.
Ah Kai and Ah Sue were arraigned on a charge of assault with intent to commit an offence on two boys. The prisoners were defended by Messrs Want and Irving, instructed by Messrs Cook and Lowe. The jury returned a verdict of not guilty, and prisoners were acquitted.
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The Sydney Daily Telegraph, Tue 9 Aug 1881 9
LAW INTELLIGENCE
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CENTRAL CRIMINAL COURT
MONDAY, 8th AUGUST
(Before the Chief Justice [Martin])
The Attorney-General prosecuted on behalf of the Crown.
JURORS FINED.– The following persons were fined 40s. for non-attendance as jurors:– David Barnett, Darlinghurst-road; Hyam Abraham, Oxford-street; George Turner, Philip-street; Benjamin Simpson, Bridge-street; and Joseph Freshwater, Campbell-street.
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UNNATURAL OFFENCE.– Henry Murray pleaded not guilty to the above [bestiality] charge. He was, however, found guilty by the jury, and was sentenced to nine months imprisonment with hard labour. Ah Kai and Ah Sue were charged with attempting a similar offence. Messrs JH Want and Irving, instructed by Messrs Lowe and Cooke, appeared on behalf of the prisoners, who pleaded not guilty. The evidence was of a very contradictory nature. The jury returned a verdict of not guilty, and the prisoners were acquitted.
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The Sydney Morning Herald, Tue 9 Aug 1881 10
CENTRAL CRIMINAL COURT.
MONDAY
The August sittings of the Central Criminal Court were commenced this morning, at the Courthouse, Darlinghurst, before his Honor the Chief Justice [Martin]. The Attorney General and Mr Pitcairn prosecuted for the Crown.
JURORS FINED.
The following jurors were fined 40s. each for not answering to their names when called upon:– David Barnett, Hyam Abraham, George Turner, Benjamin Simpson, and Joseph Freshwater.
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ASSAULT.
Ah Kui and Ah Sue were charged with attempting to commit an offence. Messrs JH Want and Irving, instructed by Messrs J Lowe and Cook appeared for the prisoners, who pleaded not guilty. The jury returned a verdict of not guilty, and prisoners were discharged.
1 Depositions (9/6661-9/6667) for this case could not be located at SRNSW.
2 The Sydney Morning Herald, Thu 4 Aug 1881, p. 7.
3 The Daily Telegraph, Fri 5 Aug 1881, p. 2.
4 The Sydney Morning Herald, Fri 5 Aug 1881, p. 7.
5 SRNSW: NRS7378, [2/6166], Judiciary, J Martin, CJ. Notebooks Criminal, Sydney, 1873-86, pp. 148-67. Emphasis added.
6 Appears to read ‘Ah Kui’ but transcribed as ‘Ah Kai’ throughout.
7 The name of this establishment is given five different spellings – ‘We App’, ‘Appi’, ‘Wah Hapi’, ‘Wy Hat’ and ‘Wah Hap’. All five are included in the transcription as they occur.
8 Evening News, (Sydney, NSW), Tue 9 Aug 1881, p. 3.
9 The Sydney Daily Telegraph, Tue 9 Aug 1881, p. 3. Emphasis added.
10 The Sydney Morning Herald, Tue 9 Aug 1881, p. 7.