66/4130 – Sofala Re Bah Fook
Petition of Bah Fook, a Chinese, seeking remission or mitigation of sentence.
Will Judge Cary have the goodness to favor the Attorney General with a report hereon.
B.C. 14th April 1866
Report on Petition of Bah Fook – (66/4130)
I cannot report satisfactorily on this case with troubling the Attorney General with a detailed statement of all important particulars.
The Prisoner Bah Food was tried for “wounding with intent” a child above four years of age.
Anne Barrett, the mother of the child, deposed that the Prisoner came to her house to bring peaches that she told Antonio Auri, an Italian, to turn him out because he was a bad man and that Antonio Auri did so. That some time afterward Prisoner returned, pushed the door open and said “I’ll kill them all” that he thereupon struck the child with a stone or bottle he held in his hand, and inflicted a wound (which, according to the Medical testimony, was a very serious one).
Fanny Barrett, daughter of the preceding witness and aged twelve, confirmed her Mother’s testimony in all particulars.
Antonio Auri – deposed to having turned the Prisoner out of the house, and to his own having left at the same time and not returning until after the blow had been struck and the coming of the Police. He says “I heard a scream and went for the Sergeant”.
The above, with the Medical testimony, comprises the case for the prosecution. Had no witnesses been called for the defense my impression at the time was that the jury would have discredited the evidence of Anne Barrett, and have regarded that of the girl as the result of intruder – and so have attributed the wound to accident.
But for the defense two Chinamen were called, the first
Hooken deposed that he called on Anne Barrett and used her as his wife, and in ten minutes left the house. Knowing that two other of his countrymen were about to follow his steps, he planted himself to see the pair. He then saw Ah Tin, the next witness, go in. After Ah Tin had left Antonio Auri went in, followed shortly by the Prisoner. He adds “I saw Antonio shove the Prisoner out – at the same time the woman struck the Prisoner on the back”. I saw nothing in Prisoners hand. I saw Charlotte (the wounded child) and some one fall atop of her.
Ah Tin deposed to the same effect as the preceding witness. He says “When I went out Antonio went in, in three or four minutes. After him in three or four minutes Prisoner went in. I saw Antonio push him out. Mrs Barrett came out afterwards and struck something in Prisoner’s back. I saw the wound afterwards. I did not see Prisoner strike that child. I saw woman, man and child fall all on a heap”.
The jury, I believe considering the defense too ????ting to be ?????ed, found the Prisoner Guilty of Unlawfully wounding.
On the 20th of May last I examined Mr Johnson, P.M. of Sofala, and Sergeant Casey who arrested the Prisoner. Their statements are included.
Mr Johnson P.M.
“Mrs Barrett is well known to me – has been frequently brought before the Court for drinking, abusive language and petty theft. I would not believe her on her oath. Her moral character is bad – her house is complained of as a brothel. Her Husband has the reputation of conniving at his wife’s prostitution for the purpose of obtaining money. She was committed for stabbing the Chinaman at the same time that he was committed for injuring her child.
The Crown Prosecutor did not bring on the case for trial because of the supposed ?????? of the Chinese witnesses in the first case. I am inclined to think that in striking at her he struck her child”.
“Mrs Barrett is a prostitute for Chinese. She first said Prisoner struck her with a knife. She afterwards changed that. He was arrested on the spot. He was then wounded. Antonio Auri, an Italian, was in the house, her husband’s mate, her reputed paramour.”
I have come to the conclusion that the Prosecution is a fabricated story and that the defense is true. If the Attorney General agrees with me he will doubtly recommend the case to the merciful consideration of His Excellency.
July 27, 1866
66:524 – 20th March (This page is numerous notations)
Clerk of Executive Council, B.C. 9th March, transmitting Petition of Bah Food, a Chinaman, praying remission, or mitigation of Sentence.
15th Augt /66
Give authority for taking Two years off the sentence in conformity with the Attorney Genl. Opinion and releasing Bah Fook at the (next bit is missing)
Send the enclosed to Judge Cary with a request that he will report therein
19 April 1866
11 Jul 1866
??? District Court Judge Cary’s report is sent herewith. It will be seen that he thinks that “the Prosecution is a fabricated story” and should be disposed to recommend a (can’t read next ten words) the absence of new evidence discovered since the trial would be too direct an interference in the ???? function of the Jury. I think however that two years might if His Excellency thinks fit be taken off the sentence.
To His Excellency Sir John Young Knight Commander of the Bath Governor in Chief of the Colony of New South Wales and to the Honorable the Members of the Executive Council in Council assembled
BAH FOOK praying remission of sentence
The Humble Petition of Bah Fook late of Sofala in the Colony of New South Wales Gold digger now a prisoner on the public works of the Colony.
That at the sittings of the Bathurst Court of Quarter Sessions holden at Bathurst on the tenth day of February instant before His Honor Henry Cary Esquire the presiding Judge of that Court your Petitioner was arraigned upon a charge of feloniously wounding a child of the age of four years and your petitioner was found guilty of unlawfully wounding the said child and was sentenced to three
years’ imprisonment with hard labor on the Roads or other public works of the Colony.
2. That your Petitioner though found guilty of so wounding the said child has no knowledge of ever seeing her and humbly submits that he had not and could not have had any malicious feeling towards the said child.
3. That your Petitioner is a native of China that he came to this Colony upwards of nine years ago and during that time he has resided in and about Sofala where he has worked as a Gold digger.
4. That your Petitioner is well known by the people of Sofala, very many of whom can testify to the good character and conduct of your petitioner during his residence among them and your petitioner says that he has never before the time referred to in this petition been charged with an offence of any kind whatever.
Your Petitioner therefore humbly prays that your Excellency with the advice of the Executive Council will be pleased to grant your Petitioner a remission or some mitigation of his sentence And your Petitioner will ever pray.
We the undersigned whose name and addresses are as hereunder written, certify that the Petitioner Bah Fook has been known to us for many years and we have always found him to be a respectable and industrious Gold miner in Sofala and within its neighbourhood.
|Bell, James||Sofala||Boot Maker|
|Chisholm, J F||Sofala||Saddler|
|Cummins, John||Sofala||Store Keeper|
|Foreman, L||Sofala||Mail Contractor|
|Keegan Patrick||Sofala||Store Keeper|
|Knight, W||Sofala||Gold digger|
|Kurney, Laurence||Peel||Inn Keeper|
|Lonerigan, William||Sofala||Shoe Maker|
|Maher, William||Sofala||Boot & Shoe Maker|
|Maxwell,? ? R||Sofala||Storekeeper|
|Morson, Wm||Sofala||Inn keeper|
|Riley, Patrick||Sofala||Store Keeper|
|Robinson, Henry R||Sofala||Tailor|
|Smid,? John||Two Mile Creek||Squatter|
|Spalding, Henry||Sofala||Shoe Maker|
|Wilde, Fredk.||Spring Creek, Turon||Storekeeper|
The next lot of names have Chinese symbols with English translation done at time of petition.
|Su Po Long (1)||Sofala||Chinese Storekeeper|
|Ti Long (2)||Sofala||Chinese Storekeeper|
|Sum Kom Wah (3)||Sofala||Chinese Storekeeper|
|Sun Quong Tong (4)||Bathurst||Chinese Store|
|San Yap (5)||Sofala||Chinese Storekeeper|
|Ap Long (6)||Sofala||Chinese Storekeeper|
|Sun Ut Long (7)||Sofala||Chinese Storekeeper|
|Joh Lang Tong (8)||Sofala||Apothecary|
|Ah Chong (9)|
The following names were in Chinese script and have been translated by Arthur Chan (student of linguistics)
|So Po Long (1)|
|Tai Long Fook Kei (2)|
|Sun Kum Wah (3)||Sofala and Sydney|
|Sun Kwong Fong (4)||Bathurst|
|Sam Yip (5)|
|Hap Lung Sing Kei (6)|
|Sun Yuet Long (7)|
|Joh Ling Tong (8)||(Main Town)|
|Law ??? Fu (9)|
The following names are listed vertically.No addresses or occupations listed.
Address is translated as:- In/At Sofala Town.
Occupation is translated as:- Make Gold Man/People Gold Miner.
|?? ?? Pit|
|?? Kwai Tsz|
|Fu Yin Kau|
|Ho Koon ??|
|Ko Joh Yin|
|Lai Sun Je|
|Lik Kit Pai|
|Tang Lei Lin|
|Wong Wai (before next name)|
|Name in pinyin [or rather “English Transliteration”]||Occupation||Address||Address in Chinese||Page no.|
|Pak Fook/Bah Fook [the second is the transliteration given on the original petition]||7 & 8|
|So Po Loong/Su Po Long [the second is the transliteration given on the original petition]||Ch storekeeper||Sofala||都侖 [= “Turon” = Sofala]||10|
|San Kwong Foong/Sun Quong Fong [the second is the transliteration given on the original petition]||Ch storekeeper||Bathurst||吧打市(the last character has a “口” on the left-hand side) [= Bathurst]||10|
|San Yuet Loong/Sun Ut Long [the second is the transliteration given on the original petition]||Ch storekeeper||Sofala||都崙 [= “Turon” = Sofala]||10|
|Tai Loong Fook Kei/Ti Long [the second is the transliteration given on the original petition]||Ch storekeeper||Sofala||都崙(both characters indistinct, but the second appears to have a “口“ on the left-hand side) [= “Turon” = Sofala]||10|
|Sam Yik/Sam Yap [the second is the transliteration given on the original petition]||Ch storekeeper||Sofala||都崙 (first character a regioinal variant written with a “卩” in place of its “阝”) [= “Turon” = Sofala]||10|
|Choh Ning Tong/Joh Lang Tong [the second is the transliteration given on the original petition]||apothecary||Sofala||都崙正埠 [= “Turon Main City/Town” = Sofala]||10|
|San Kam Wah/Sun Kom Wah [the second is the transliteration given on the original petition]||Ch storekeeper||Sofala||雪梨都䈁 [= Sydney and “Turon” = Sofala]||10|
|Hap Loong Shing Kei/Ap Long [the second is the transliteration given on the original petition]||Ch storekeeper||Sofala||都菕 [= “Turon” = Sofala]||10|
|Loh Yook Foo/Ah Chong [the second is the transliteration given on the original petition]||Sofala||10|
|Tang Hei Hin||N/A||N/A||11|
|Ko Chok Yin||N/A||N/A||11|
|Fan Yau Koong||N/A||N/A||11|
|Fo Yin Kau=address?||N/A||N/A||11|
|Lai Sun Je?||N/A||N/A||11|
|Yun Kwai Tsi||N/A||N/A||11|
|Ho Koon Yun||N/A||N/A||11|
|[“Ah Chi?” deleted]||N/A||N/A||11|
|[“Yam Ah/Ah yam” deleted]||N/A||N/A||11|
|Hin Wooi||都崙埠 [“Turon Town/City” = Sofala]|
|Yiu Foon||Goldminer||Sofala||都崙埠 [= “Turon Town/City” = Sofala]||13|
|Lou Yan||Goldminer||Sofala||都崙埠 [“Turon Town/City” = Sofala]||14|
|Ah Nue/Ah Yu||Goldminer||Sofala||14|
|Ah Yiu||Goldminer||Sofala||都崙埠 [“Turon Town/City” = Sofala]||15|