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The Argus at KellyGang 17/10/1871

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THE MYRTLEFORD MURDER CONVICTION AND SENTENCE OF THE PRISONER

(ABRIDGED FROM THE OVENS ADVERTISER, OCT. 14)

At the Beechworth Circuit Court on Friday, before his Honour Mr. Justice Barry, Mr. C. A. Smyth prosecuting for the Crown,

James Quin was informed against for murdering Ah Woo on August 24.

Mr. Bowman defended the prisoner.

The following are the more important parts of the evidence:

Mary Jane Cullen repeated - the evidence given by her at the inquest. She said,- I remember the 27th August. I was at Myrtleford on that day. I was in front of a cook shop kept by a Chinaman. That man (Ah Shang) keeps it. I saw two Chinamen come up in a cart. About two minutes afterwards a European came. It was the prisoner. Passed Mr Smith's place in the buggy more than an hour before, and saw the prisoner. It was nearly two hours before.

Ah Shang deposed,-I keep a cook-shop at Myrtleford. I know last witness and Ah Cow. I knew Ah Woo, who is dead. I know the prisoner. I saw him on the day Ah Woo was killed, at 2 o'clock . I saw Ah Woo going up with fowls and ducks two or three days before. The last witness was at his place on the Sunday. Ah Woo and Ah Cow came up, and got out of their cart, which was drawn by a white horse. Prisoner came up immediately afterwards. He asked me for a new pipe, and I said I had not got one. He then stepped back and asked Ah Woo, who did not give him a pipe Ah Woo did not smoke. The prisoner stopped four or five minutes, and then went on to- wards Beechworth. Ah Woo and Ah Cow went on through the township between 3 and 4 o'clock . Prisoner said he lived at Running Creek. That was before he saw the two Chinamen. It was Sunday, 20th August. He wore a dark coat, dirty moleskin trousers, and a hat (marked E) something like that produced.

Ah Sing, fowl dealer at the Buckland, deposed, -On Saturday, the 26th of August, I met the prisoner about five and a half miles from Myrtleford on the Bright side, going towards Beechworth, about half-past five. Prisoner was in the road. Prisoner spoke to me, asking me, "You see Chinaman horse and spring-cart coming down?" I said "What is the matter; what do you want to know if the Chinaman's cart is coming down for?" Prisoner said he wanted to have a ride in his cart to Wangaratta. I was going to the Buckland, and prisoner in the opposite direction towards Myrtleford. I know of Ah Woo going up. Prisoner had on a dark coat, and trousers "all same" as mine (a sort of moleskin). The hat was something like that produced.

John Moore, a lad of 14, living with his father and mother at Myrtleford, remembered the day Ah Woo was murdered. He said,-I saw the prisoner about 2 o'clock on that day, coming down from the direction of Bright. He had a dark coat on, dirty mole-skin trousers, and a black hat like that produced (marked F), but with a narrower brim. He asked me for a pipe, and I told him he could get one at Paul's Store. He went away in that direction. I picked him out from a number of men.

To Mr. Bowman.-I believe the other men were prisoners, dressed in old clothes.

To Mr. Smyth.-I described the prisoner before I saw him. I have no doubt that he is the man.

Elizabeth Paul, storekeeper at Myrtleford, deposed,-I remember the day Ah Woo was murdered, Sunday, August 27. Prisoner came to my private door that day and asked for some clay pipes. I brought out two, and he chose one of them branded "Davidson, Glasgow ." I produce two of the same sort as I brought out to him. (These pipes were produced, and also the broken clay pipe found in Ah Woo's cart, which corresponded with the "Davidson" pipe.) I identified prisoner at the Beechworth Gaol out of ten or a dozen men. I said, "That is the man." Prisoner said, "What man?" I said, "You're the man that got the pipe from me last Sunday.' Ho said, "I admit I got a pipe from you." 1 (witness) don't recollect selling any of those pipes for several of the previous days, and certainly not on Sunday.

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