The Argus at KellyGang 17/10/1871 (2)
Kee Yet, pig dealer at Morse's Creek, through the interpreter deposed,-I have a mate named Min Ting. I knew Ah Woo who was killed, and Ah Cow. I remember the day Ah Woo was murdered. Min Ting and I were coming into Myrtleford from Dr Mackay's together on that Sunday. About three quarters of a mile on the Beechworth side of Myrtleford we met a European. I did not know the man before, but I see him again. That (prisoner) is the man. After meeting prisoner met Ah Woo and Ah Cow, in about 10 or 15 minutes. They were in a cart, and spoke to me. Min Ting and I went on towards Myrtleford, Ah Woo and Ah Cow going towards Beechworth. Afterwards saw Ah Cow beckoning to me with his hat. At that time I had got very near to the bridge. I stopped to speak to Ah Cow, and went back to him. I saw lots of blood on his face, and asked him what was the matter. He was running back towards me. After Ah Cow had told me something I went for the police, and saw Constable Hogan. I went back, looking for Ah Woo and Ah Cow, and saw the cart tied up to a tree. Other people came up from Myrtleford to the place where the body was found. I saw Constable Hogan riding along the road beyond where the car was. I made a search for Ah Woo. The body was found under the fog in the race.
Edmund Farrow, a waggoner, with no fixed place of residence, said,-I put up in Melbourne. I remember the day of the murder. I was driving my waggon from Bright to Melbourne. I was at Boggy Creek about Í2 or 1 o'clock. I did not meet any one, but a man came up beside my waggon suddenly-out of the scrub, apparently. He asked me if I had any pipes to give away, and I said,,"No." He said, "Do you smoke?" and I said, "No I don't use it." That (prisoner) is the man. He asked me what kept me behind the other waggoners, specifying Costs, and I said I had boen to Harrietville. Samuel Spurling, my mate, was driving his team about 200 yards ahead. Prisoner asked if both teams belonged to one man. I answered no. After further talk prisoner went away, off to the left. Went on to Trapp's restaurant, where prisoner passed us; Spurling and my-self were talking at the time.
Two Chinamen in a spring-cart with a grey horse had passed us just the other side of Trapp's; they were going towards Myrtleford. It was after this, about 10 or 13 minutes, that - the prisoner passed us. The Chinamen were then out of sight. When he passed he was trotting, running sometimes, and other times walking as fast as he could. He went ahead and I never saw him again until to day. I don't think I should know the Chinamen again. I should call it four or five miles from Trapp's to here. I went on to Myrtleford, stopped to get some chaff, but could not. Stopped five or ten minutes. 1know the Myrtle Creek. I met a Chinaman about a quarter of a mile on the other side of it, bleeding from the head. I could not be sure that I could identify him. He spoke to me. I left him and went a little way - a few yards - and then waited for my mate, not liking to go on alone after what the Chinaman had told me about being stuck up. When he carne up we went on. A short distance - about a quarter of a mile beyond - we saw a spring-cart and a grey horse, the same I had seen previously. The cart was empty. We passed the cart, which was in the middle of the road, and the horse followed us. We then stopped, and Spurling tied up the horse to a sapling off the road. I know therace alone side the road. The horse followed us from 20 to 50 yards. From the race to where we first met the cart was about 300 yards. I looked into the cart, and saw spots of blood. I saw a wooden pipe there; it was like one of the two produced.
Ah Cow, examined through the interpreter deposed, - I am a pig dealer, residing a Morse's Creek. I knew Ah Woo. He was gardener, living at Wangaratta. I was at Bight on the Sunday Ah Woo was murdered, and met him there. We travelled together from Bright to Myrtleford. Left Bright about 9 o'clock . Did not know prisoner before that day. I saw him at the time of the murder. I remember stopping at Ah Shang's. We got there about 2 o'clock , and stayed there "nearly about two hours." I did not then see the prisoner. When we left Ah Shang's we passed through Myrtleford in the cart. After that we met Kee Yet and Min Ting driving pigs. Ah Woo and I spoke to them. I did not see any children. We then went on along the road to Beechworth. We had gone about 200 or 300 yards when I saw prisoner. Ah Woo was driving. I was sitting beside him. When we met prisoner he asked for a ride. He said. "You give me one mile in the cart, Is." Ah Woo said, "Horse very tired." Prisoner said nothing then, and we drove on, passing him. The next thing was prisoner jumped on the back of the cart, and got into it. He kicked against a box, and Ah Woo told him the box had something in it, and he must not break it. Ah Woo handed prisoner a bag of chaff to the back of the cart, and told him to sit upon it. He did so. Ah Woo was still driving the horse, and prisoner was behind. We had gone about 10 yards when 1 was struck by prisoner on the head from behind. (Witness here showed his wound.) I was struck with something like iron. The blow knocked me off the seat towards Ah Woo. I don't know whether there was blood running or me. When I came to my senses I heard Ah Woo, and I wiped away the blood from my eye. I saw the European take hold of Ah Woo's tail.
His Honour asked what European, and witness, pointing to prisoner, said, "That man."
Examination continued.- Could not say which hand. The prisoner a tomahawk in his other hand. He chopped Ah Woo on the head. I saw him do it twice. Ah Woo's head was covered with blood. Ah Woo at this time was on the road behind the cart; he was on his feet. I was lying in the cart. I do not know how Ah Woo got out of the cart. Ah Woo called to me, “If you are able, go for Kee Yet." Before I was struck I had some notes in my belt; one £10 note, two £5 notes, 20 £l-notes, and half a sovereign. That was gone when 1 went up the side of the range. I got out of the cart and went to look for Kee Yet. The last thing I saw when I turned round my head was prisoner holding Ah Woo by the tail, and striking with the tomahawk. Ah Woo was standing. I ran away then, and met Kee Yet when I came down from the hill. 1 also saw Constable Hogan with others going towards where the struggle was. I was present when the body was found. We had a tomahawk (tomahawk, produced), That is the one; it was Ah Woo's. I smoke. Ah Woo did not. That (a wooden pipe) is my pipe. Prisoner had a pipe in his mouth when he came up. It was a clay pipe, and he was smoking it when he got into the cart. The tomahawk prisoner was striking with was like that one produced (a small tomahawk with a short English handle).
Prisoner when I first saw him had on a dark, coat and dirty moleskin trousers. He had a black cap on. It was like that one; it had a peak. I have no doubt that prisoner assaulted Ah Woo.
At the close of the evidence, Mr. Bowman addressed the jury for the defence.
His Honour then summed up, pointing out to the jury whatever bore in favour of the prisoner or against him. He said that the case had been admirably put up, and that the Crown prosecutor had brought the evidence forward in a most clear and definite way, and connected the different facts remarkably well. The prisoner had been most ably defended, and the jury had evidently given the greatest attention to the case.
The jury retired for some time, and did not return until a quartet to 2 in the morning, when the foreman, amid the solemn silence of a crowded court, announced that the jury had unanimously arrived at a verdict of "Guilty." The prisoner, when asked if he had anything to say, said, "I consider I haven't had fair play. 1 got a sheet of paper to make a private statement to my solicitor, and it was taken from me by the governor, who, I believe, showed it to the prosecutor. I am an innocent man, and I had never ask for a reprieve."
Mr, Bowman said such a statement was never made to him.
His Honour then, in a very impressive manner, delivered judgment. He said that the prisoner had been treated most fairly. He had been defended by the justice of the Crown-he would not call it generosity. He (the judge) believed that the two witnesses had given their evidence with calmness and fairness. That was not a final decision, as the sentence would be reconsidered by another tribunal, but he would be doing wrong to hold out any hope of mercy. His Honour passed sentence of death in the usual form.
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