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1875, Ah Tang - Unfit For Publication
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Evening News, Tue 20 Jul 1875 1

SERIOUS CHARGE AGAINST
A CHINAMAN.

    Charges of a serious nature were heard at the Central Police Court, this morning, before Captain Scott and Mr Goldring, against a Chinaman, named Ah Tang. He was charged with attempting to commit an unnatural offence upon a boy, and also with having cut and wounded a woman, named Emily Ah Sing, wife of another Chinaman, with intent to do her grievous bodily harm. After hearing evidence, the Bench committed the accused to trial at the Criminal Court. The assault upon the woman appeared to have been committed while she was endeavouring to prevent the prisoner from effecting his purpose with the boy.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 21 Jul 1875 2

CENTRAL POLICE COURT.
TUESDAY. [20 JULY]

    BEFORE Messrs Kippax, Hezlet, Paling, and Solomon.

    Before the Police Magistrate and Mr Goldring.

    Ah Tan [sic], a chinese, on Saturday last, was detected by Emily Ah Sin in the act of committing and offence, and she interfered. He ran after her, struck and kicked her, and with a knife, which he took from his pocket, cut her on the head. He was committed for trial on both charges, at the Central Criminal Court.

~ ~ ~ ~ ~

Depositions for Ah Tang 10 Aug 1875 Sydney trial 3

[Attempting to commit Sodomy]

No. 638

Attorney General’s Department
24.7.75

(M., 11 & 12 Vic., Cap. 42)

Depositions of Witnesses.

New South Wales City of Sydney,
TO WIT                                      }

The Examination of Thomas McNamara, a Constable of the Police Force, Sydney, in the Colony of New South Wales, taken on oath this 19th day of July, in the year of our Lord one thousand eight hundred and seventy-five at the Central Police Court, Sydney in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of “Ah Tang” who is charged this day before us for that he the said “Ah Tang” on the 17th day of July instant at Waterloo in the said Colony did unlawfully make an assault upon one Edward Robert Kearney, with intent then with him, feloniously to commit and perpetrate the detestable and abominable crime of buggery.

~ ~ ~ ~ ~

Ah Tang

Attempt to commit sodomy 

    Senior Constable Thomas McNamara sworn says. About 11 o’clock this day I apprehended prisoner at Waterloo,  District of Sydney, from information I received. I charged him with attempting to commit an unnatural offence, to wit sodomy, upon one Edward Robert Gardener Kearney.

    He made no reply to the charge. Kearney is a lad about ten years of age.

[Signed] Thomas McNamara

Sworn before me this 19th July 1875
[Signed] DCF Scott JP.

    Remanded until tomorrow
[Signed] DCF Scott JP.

~ ~ ~ ~ ~

(M., 11 & 12 Vic., Cap. 42)

Depositions of Witnesses.

New South Wales City of Sydney,
TO WIT.                                      }

The Examination of John “Moy Mow” of ----- in the Colony of New South Wales, Edward Robert Kearney of Waterloo, and Emily “Ah Sing” of Waterloo in the said Colony, married woman, taken on oath this 19th day of July in the year of our Lord one thousand eight hundred and seventy-five at the Central Police Court, Sydney in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of “Ah Tang” who is charged this day before us for that he the said “Ah Tang” on the 17th day of July instant at Waterloo in the said Colony, did commit the offence before set forth.

    John Moy Mow on oath states: I will truly interpret in the case now before the Court.

[Signed] John Moy Mow.

Central Police Court Sydney, 20th July 1875.

Sworn before
[Signed] DCF Scott JP.

~ ~ ~ ~ ~

    Edward Robert Kearney on oath states: I am ten years of age, and live with my cousin Emily Ah Sing at Waterloo. I remember last Saturday about 4 o’clock in the morning I was in my bed asleep when prisoner came into my room and woke me, he said he had lollies and asked me to come into his room: he thereupon took me in his arms and carried me into his room which adjoins mine, and put me into his bed. Prisoner then took off his trousers & got into bed with me, before doing this he took off my trousers. He laid me down on my belly and got on top of me. I felt him trying to put his person into my anus or behind. He hurt me slightly. I then called out for help and my cousin Emily Ah Sing came into the room and pulled prisoner off me: prisoner then took up a small knife and stabbed her in the wrist with it

[Signed] Edward Robert (his X mark) Kearney.

Central Police Court Sydney 20th July 1875.

Sworn before
[Signed] DCF Scott JP. RA Goldring JP.

    Emily Ah Sing on oath states: I am a married woman living at Waterloo. I know prisoner who has been staying at my husband’s place. I remember last Saturday morning about 4 o’clock I heard my cousin Edward Robert Kearney calling out, and thereupon went into his room. I saw him lying in the prisoner’s bed with his face downwards and the prisoner on top of him. They both had their trousers off. Prisoner was not lying quiet, he was moving up and down. I saw his penis against the boy’s behind.

[Signed] Emily Ah Sing.

Central Police Court Sydney, 20th July 1875.

Sworn before
[Signed] DCF Scott JP. RA Goldring JP.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                 }

“Ah Tang” stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this twenty-first day of July in the year of our Lord one thousand eight hundred and seventy-five for that he, the said “Ah Tang” on the seventeenth day of July instant at Waterloo, in the said Colony, did unlawfully make an assault upon one Edward Robert Kearney with intent then with him, feloniously to commit and perpetrate the detestable and abominable crime of buggery; and the examinations 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 Tang” and the witnesses for the prosecution

being severally examined in his presence, the said “Ah Tang” 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 Tang” saith as follows:– “I have no statement to make.”

Taken before me at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] DCF Scott  JP.

    Committed to take his Trial at the ensuing Criminal Court.

Central Police Court Sydney 20th July 1875.

[Signed] DCF Scott JP. RA Goldring JP.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

Gaol Delivery

New South Wales,                                                                                                          
TO WIT.                 }

Be it remembered, that on the Twentieth day of July in the year of our Lord one thousand eight hundred and seventy-five, Thomas McNamara a Senior Constable of the Police Force, Edward Robert Kearney, of Waterloo District of Sydney in the Colony of New South Wales, and Emily Ah Sing of Waterloo, aforesaid, in the said Colony, married woman, 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 above mentioned, at Sydney in the said Colony, before me,
[Signed] (?) JP.

The Condition of the within-written Recognizance is such, that whereas Ah Tang was this day charged before DCF Scott and RA Goldring Esquires, two of Her Majesty’s Justices of the Peace for the said Colony, with “attempt to commit sodomy”. If therefore, they the before-mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst, in and for the Colony of New South Wales, on the ninth day of August 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 Tang for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Ah Tang – Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] (?) JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

21st July 1875
No. 638
Depositions No. 20
Regina v. Ah Tang (a chinaman)
Attempting to commit Sodomy
Sydney Gaol Delivery
9th August 1875
See [below] within
[Initialled] W[illiam] B[ede] D[alley] AG
27/7/75
Central Police Court

~ ~ ~ ~ ~

Assault with intent to commit Sodomy

[Initialled] WBD AG
27/7/75

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 4

21

[Tried Tuesday 10 August 1875]

Queen v Ah Tang 5

On 17th July 75    Assault with intent to commit buggery
At Waterloo }  on E Robert Carey 

 

    1.  SC [senior constable, Thomas] McNamara on 19th July arrested prisoner at Waterloo charged with attempt to commit – no reply.

    2.  ER [Edward Robert] Carey 10 years old – living with aunt E[mily] Ah Sing at Waterloo. Gardener. Remembers Saturday 17th July about 4 o’clock. I was sleeping on bed – woken by prisoner. He asked me to get up. He said he had lollies. He carried me from my bed to his own room. He put me into his bed, took off my trousers & his. Put me on my face & hands. He lifted my shirt up & got on my back, I felt his person at my bottom – hurt me a little – I screamed out & EA [Emily Ah Sing] came & she came & pulled me off on the floor.

  3.  Emily Ah Sing  married to (Tony ?) Ah Sing at Waterloo. On 17th July ER Carey (?) my nephew – awakened from sleep about 3.30 or 4 o’clock by that boy’s screaming. Saw this prisoner on the bed – boy face downwards – prisoner’s trousers off – moving up & down on back of child – saw part of the person of prisoner at back of child.

22

For defence

    The chinaman came in by name but told interpreter he knew nothing about it – again, & no one answered.

Verdict Guilty 

    2 years imprisonment, hard labour in Berrima or other gaol in Colony, concurrent with (former ?) sentence.

~ ~ ~ ~ ~

Depositions for Ah Tang 10 Aug 1875 Sydney trial 6

[Wounding with intend to do grievous bodily harm]

 No. 639

Attorney General’s Department
24.7.75

(N., 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales, City of Sydney,
TO WIT.                                       }

The Examination of Thomas McNamara, a Senior Constable of the Police Force, Sydney in the Colony of New South Wales, Emily “Ah Sing” of Waterloo. Edward Robert Kearney of Waterloo, and Myles Egan of Sydney in the said Colony, taken on oath this 20th day of July in the year of our Lord one thousand eight hundred and seventy-five at the Central Police Court Sydney in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of “Ah Tang” who is charged this day before us for that he the said “Ah Tang” on the 17th day of July instant, at Waterloo in the said Colony, did unlawfully and maliciously cut and wound one Emily Ah Sing  with intent to do some grievous bodily harm.

~ ~ ~ ~ ~

Ah Tang

Unlawfully cutting and wounding.

    Senior Constable Thomas McNamara on oath states: after prisoner was in custody on the former charge, and at about eleven o’clock forenoon, I further charged him with unlawfully cutting and wounding one Emily Ah Sing. She showed me her left wrist and I saw a cut or wound on it. The prisoner made no reply to the charge.

[Signed] Thomas McNamara.

Central Police Court Sydney, 20th July 1875.

Sworn before
[Signed] DCF Scott JP and RA Goldring JP.

    John Moy Mow on oath states: I will truly interpret in the case now before the Court.

Central Police Court Sydney, 20th July 1875.

Sworn before
[Signed] DCF Scott JP and RA Goldring JP.

1

    Emily Ah Sing on oath states: I am a married woman living at Waterloo. I know the prisoner who has been staying at my husband’s house. I remember Saturday last about 4 o’clock in the morning. I heard the noise of a door being burst open, and cries coming from the room which prisoner slept in. I thereupon went into prisoner’s room and saw prisoner on top of my cousin Edward Robert Kearney. They were both in bed. I asked prisoner what he was doing, he made no reply. I then told him to get off the little boy but he would not. I then pulled him off by his arms, whereupon he chased me into my cousin’s room, with a knife in each hand. I then got into my own room & locked the door, which prisoner burst open. I was laying in my bed when he came in. He pulled me out of my bed on to the floor and kicked me three times on the right side. He then drew a knife out of his pocket and made a blow at my head with it, which in

2

warding off inflicted the wound on my hand. The wound bled very much at the time and caused great pain. I then rose from the floor and got a stick with which I struck prisoner on blow on the face. Prisoner then left me and went into his own room. On Monday morning following I gave information to the Police.

Central Police Court Sydney, 20th July 1875.

Sworn before
[Signed] DCF Scott JP and RA Goldring JP.

1

    Edward Robert Kearney on oath states: I am ten years of age, and live with my cousin Emily Ah Sing at Waterloo. I know the prisoner who was living at the same place. I remember Saturday last, about 4 o’clock in the morning. I was in my bed when prisoner came into my room and took me into his room which adjoins mine. He put me into his bed, and attempted to commit the offence already stated. Shortly after I called out my cousin Emily Ah Sing came into the room, and seeing prisoner on top of me asked him what he was doing. He made no answer. My cousin then pulled prisoner off me by the arms and ran into my room, the prisoner chasing her with a knife in his hand. I saw my cousin run into her own room and close the door. I saw prisoner burst it open. I saw my cousin lying on her bed. The prisoner pulled her out of bed on to the floor and kicked her several times.

2

    I saw prisoner make a blow at her head, and she in warding it off got the wound shewn on her hand. It bled very much. I saw my cousin pick up a stick and strike prisoner on the face with it.

[Signed] Edward Robert (his X mark) Kearney.

Central Police Court Sydney, 15th July 1875.

Sworn before
[Signed] DCF Scott JP.

1

    Myles Egan on oath states: I certify that I have examined Emily Ah Sing and found a cut on her hand, forming a true wound, from which blood had issued and which might have been caused by a knife. I am a duly qualified medical practitioner of the New South Wales Medical Board.

[Signed] M Egan

Central Police Court Sydney, 20th July 1875.

Sworn before
[Signed] DCF Scott JP and RA Goldring JP.

    Committed to take his Trial at the ensuing Criminal Court.

Central Police Court Sydney, 20th July 1875.

[Signed] DCF Scott JP and RA Goldring JP.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                 }

“Ah Tang” stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this twentieth day of July in the year of Our Lord one thousand eight hundred and seventy-five, for that he, the said Ah Tang on the seventeenth day of July instant, at Waterloo, in the said Colony, did unlawfully and maliciously cut and wound one Emily “Ah Sing” with intent to do some grievous bodily harm; and the examinations 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 Tang” and the witnesses for the prosecution

being severally examined in his presence, the said “Ah Tang” 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 Tang” saith as follows:– “I have no statement to make.”

Taken before me at Sydney in the said Colony, the day and year first above mentioned.
[Signed] DCF Scott JP.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence

Gaol Delivery

New South Wales,
TO WIT.                 }

Be It Remembered, that on the twentieth day of July in the year of Our Lord one thousand eight hundred and seventy-five, Thomas McNamara a Senior Constable of the Police Force, Emily Ah Sing of Waterloo of the District of Sydney in the Colony of New South Wales, married woman and Edward Robert Kearney of Waterloo aforesaid 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 above mentioned, at Sydney in the said Colony, before me,
[Signed] (?) JP.

The Condition of the within-written Recognizance is such, that whereas Ah Tang was this day charged before DCF Scott and RA Goldring Esquires, two of Her Majesty’s Justices of the Peace for the said Colony, with “Cutting and Wounding”, 

If therefore, they the before-mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst, in and for the Colony of New South Wales, on the ninth day of August 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 Tang for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Ah Tang – Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] (?) JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

20th July 1875
No. 639
Depositions. No. 21.
Regina v. Ah Tang (a chinaman)
Wounding with intend to do grievous bodily harm
Sydney Gaol Delivery
9th August 1875
See [below] within
[Initialled] WBD AG
27/7/75
Central Police Court

~ ~ ~ ~ ~

Wounding with intent to do grievous bodily harm

[Initialled] WBD AG
27/7/75

~ ~ ~ ~ ~

Evening News, Tue 10 Aug 1875 7

CRIMINAL COURT.
THIS DAY.
————
(Before his Honor Mr Justice Cheeke.)

    Mr Dalley prosecuted on behalf of the Crown.

WOUNDING WITH INTENT TO INFLICT GRIEVOUS
BODILY HARM

    Ah Tang, a hungry looking Chinaman, was charged with having, at Waterloo, near Sydney, on the 17th July wounded one Emily Ah Ling with intent to inflict upon her grievous bodily harm. The evidence, which in one part was of a very repulsive character, and indicated that a charge of unnatural crime would subsequently be brought against the prisoner, showed the following case: Prisoner resided at the house of Ah Ling, a gardener, at Waterloo, and in that house there were also living Emily Ah Ling and her cousin, Edward Robert Carey. Early on the morning of the 17th July, when Ah Ling was absent, Mrs Ah Ling heard screams as if they were coming from her cousin and proceeding to the spot whence the screams came she found prisoner lying on her cousin. She pulled him off and ran away into another room, wither he followed her, knife in hand, and bursting open the door, which she had locked after he had rushed at her, threw her down, and made a stab at her head, which she averted by placing her hand in protection of it. The knife entered her wrist, and not satisfied with this he commenced to kick her violently while she lay upon the floor. The lad, Edward Robert Carey, who showed great intelligence and certainly deserved better fortune than to have his lot cast among Chinamen, stated that the prisoner had, at about 4 o’clock in the morning, taken him out of his own bed and carried him to his own, from which position he was rescued by his aunt. Prisoner asked no questions, and made no speech in his own defence. Verdict, guilty; remanded for sentence.

ATTEMPTED UNNATURAL OFFENCE.

    Ah Tang, the prisoner found guilty in the above case, was charged which having, at Waterloo, on the 17th July, attempted to commit an unnatural offence upon one Edward Robert Carey, a lad of ten years. The evidence detailed in the above case sufficiently indicates the features of the present one. Verdict guilty. The prisoner was sentenced for the first offence, to seven years’ hard labour on the roads or other public works of the colony; and for the second, two year’s hard labour, the latter sentence to be concurrent with the first.

~ ~ ~ ~ ~ 

The Sydney Morning Herald, Wed 11 Aug 1875 8

CENTRAL CRIMINAL COURT.
TUESDAY.

    BEFORE His Honor Mr Justice HARGRAVE.
    The Attorney General (the Hon WB Dalley) prosecuted for the Crown.

ATTEMPTED CRIMINAL ASSAULT.

    Ah Tang was charged with having, on the 17th July last, attempted to commit a criminal offence upon a little boy, aged about ten years, named Edward Robert Kearney. Prisoner pleaded not guilty, and was undefended. This case was intimately connected with the last named. The jury returned a verdict of guilty, and prisoner was sentenced to two years on the roads; this sentence to be concurrent with the first one.

~ ~ ~ ~ ~

Ah Tang, Gaol photo sheet 9

SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 1874-1876, No. 1332, p. 175, R5098. p.1. SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 1874-1876, No. 1332, p. 175, R5098. p.2.

Gaol Photo Sheet - Transcribed Details

No. 1332
Number on Gaol register: 3520

Portrait Taken: 22nd July 1875

Name: Ah Tang

Native place: China

Year of birth: 1845

Arrived        Ship: Not known
in Colony }   Year: 

Trade or occupation
previous to conviction  } Market Gardener

Religion: Nil

Education, degree of: Nil

Colour of hair: Black

Colour of eyes: Dark brown

Height: 5' 4½"

Weight     On committal: 109 lbs
in lbs     }  On discharge: ditto

Special Marks:

General Description:

 

(No. of previous Portrait ... ) 

PRISON HISTORY

Where and When Offence. Sentence

SCC

 

 

 

10

 

 

30

8

 

 

8

1875

 

 

1875

1) Attempt to commit an unnatural offence

2) Cutting & wounding

 

To Berrima Goal

2 years Labor

7 years Roads

Sentences Concurrent

    


1  Evening News, (Sydney, NSW), Tue 20 Jul 1875, p. 2.

2  The Sydney Morning Herald, Wed 21 Jul 1875, p. 3.

3  SRNSW: NRS880, [9/6583], Supreme Court, Papers and depositions, SGD, Aug 1875, No. 638. Emphasis added.

4  SRNSW: NRS6032, [2/4400], Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78, pp. 21-2. Emphasis added.

5  Mn: Archb. p. 591 9 (?). 4c. 31 sc. 35

6  SRNSW: NRS880, [9/6583], Supreme Court, Papers and depositions, SGD, Aug 1875, No. 639. Emphasis added.

7  Evening News, (Sydney, NSW), Tue 10 Aug 1875, p. 5.

8  The Sydney Morning Herald, Wed 11 Aug 1875, p. 7.

9  SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 1874-1876, No. 1332, p. 175, R5098.