Chapter 4 – Second Inquest – into the death of Ah Mow

Late June, 1868

Constable Chiplin scowled at the dawn frost as he emerged from the bark dwelling he called a home and into the still, cold air. It was the third week of June.

Constable Chiplin was Fitzpatrick’s partner. They were both stationed at Hargraves Police station. Whereas Fitzpatrick had his family with him, Chiplin was younger and unmarried. They were both Senior Constables and took turns with their shifts as required. They were kept busy with the usual crime on the goldfields such as claim jumping, tent slitting, drunkenness, assaults and petty theft. Chiplin was an ambitious police officer and he was counting the days until he could secure a better posting. At this posting he was obliged to lodge in a sort of outhouse next to Fitzpatrick’s house and join that family for his meals. He was not entirely happy with this arrangement as the Fitzpatrick children seemed always underfoot. Also, he had no independence at all. Of course his outhouse “home” was frigid in winter.

Ah Mow had been arrested for the recent murder of the local butcher but bail had been granted. So he had returned to live on the Ironbark Goldfields nearby. There were strict bail conditions in place.

Chiplin had repeatedly mentioned to Fitzpatrick that the bailed Ah Mow should be watched. But his colleague seemed happy to trust the Chinese elders to ensure the murderer did not get away.

But Chiplin was suspicious.  So on this morning he promptly took a horse and an interpreter and made straight for Ah Mow’s hut. He wondered if the local Chinese would approach him or stop him from contacting Ah Mow. They had proven to be fiercely protective of their own. Chiplin had heard that Ah Mow was usually taken into the Joss house of an evening for his own protection. So he thought it would be best to arrive to check on Ah Mow first thing in the morning.

As he walked his horse along the road, he blew warm air on his fingers and lamented his lack of gloves. Chiplin distracted himself from the miserable cold and thought about the Chinese and how industrious they were. They found more gold than the Europeans. They worked together cooperatively too. The Joss house was a strange custom, he mused. He had only been inside it once. It was built of rough timber and bark like everything else in the area.  Inside, the senior Chinese men would talk together or just sit in front of their statue Gods, burning a strange smelling incense on hastily assembled altars. Others would gamble quietly at a dice game called Mahjong. And others would smoke the strange pipes, subduing their nerves or dulling their aches and pains with opium.

As soon as Chiplin arrived at Ah Mow’s house – or bark lean to – he felt it was too quiet. It was still early but men of both races were already at their shafts, winding ropes, hauling earth or rattling the cradles. Could Ah Mow be still asleep? He pushed through the flimsy door and then past a hessian bag screen and was greeted by a sight that took his breath away.

“Good God!” Chiplin nearly tripped over as he recoiled in shock. There was Ah Mow, hanging from the rafters, obviously dead. Despite the cold season, the flies were already gathering on the man’s face.

Chiplin stopped still for a minute as he tried to comprehend the surprising sight. Then he reverted to being a policeman and started to look for clues. Suicide? The man must have been remorseful after all? He searched the man’s pocket and discovered a note on a scrap of paper.

“Hey, John!” Chiplin called in his interpreter. John Smith, a Chinese man, entered the hut and took the proffered note.

“It says he sorry and feel very bad about the murder.” John Smith’s cautious black eyes looked to Chiplin and they both stood in the hut, watching each other for a moment, subdued by the seriousness of this event.

 Chiplin sent for Fitzpatrick who soon arrived in a temper, throwing himself off his panting horse.

“What the devil has happened here, Chiplin?!”

With only a perfunctory glance at the corpse, Fitzpatrick then stomped off to the nearby Joss house to interrogate those in charge. His assistant trotted to keep up, leading the horses behind him.

Chiplin made the arrangements for the transfer of the corpse – but not before another thoughtful examination of the hanged man.  Then he made some careful notes and collected some evidence.

He then cast his narrowed eyes along the busy river bank.  Men, European and Chinese, endlessly toiled, searching for the elusive metal.

Perhaps it was best to quietly ask some questions of the men working nearby? These men would have been more likely to have seen something than the elder men in the Joss House some distance away.

He summonsed John Smith and they approached the first group of men in a friendly manner.

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Chiplin sat stiffly, papers in hand, ready to deliver his evidence at Hargraves on 30^th June, 1868. Again, a crowd of people had jammed into the tiny official building, eyes wide with interest. A second inquest was about to commence – this time into the death of Ah Mow.

The visiting Magistrate again presided at the roughly made desk.  Clerks were seated at one side, pens poised, ready to scribe.

Called at speak, Chiplin cleared his throat and half turned his body toward the crowd.

“So THIS was the rope to which the body of Ah Mow was hanging!”

The crowd gasped as Chiplin held up a small, thin rope.

“As anybody can see, the rope is excessively light and far too short to cause a death by hanging,” Chiplin continued.

“I noticed immediately that the head was almost decapitated from the body and this caused the body to hang in a very odd manner. But the force from this particular rope could not possibly have caused such injury. Add to this the fact that the length of this rope limited the fall to three feet, seven inches – insufficient to have caused such an injury to the neck!”

“Another ridiculous prop was found at the scene – a block, which would have reduced the possible fall to thirteen inches! Ludicrous!”

Chiplin was enjoying himself. He couldn’t help smiling at the crowd. The clerks scribbled all the facts madly. The Magistrate looked serious and angry - but even he couldn’t help but exclaim an oath in shock.

Chiplin had plainly convinced the court that Ah Mow was, in fact, murdered first and then hanged afterwards. It looked like suicide. But it was, in fact, another murder!

Although Chiplin believed Ah Mow was murdered, he was not really searching for a perpetrator. He and the whole local police force remained focused on the death of Ralph Lee, the innocent butcher. Everyone was talking about it. The newspapers were full of the incredible story. And now the murderer could not be tried at all – because he had been murdered!?

At first it was thought that Ah Mow kill Ralph Lee and then killed himself because of remorse?  But Chiplin had just proven to all that this was not the case.

So who murdered Ah Mow?  No one seemed to care. Chiplin had abandoned his search for Ah Mow’s killer – and he had moved off in another direction. The main priority was to find Ralph Lee’s murderer.

“Now….” continued a delighted Chiplin, “During the days following my discovery of Ah Mow’s body, I searched the camps of the celestial miners one by one. I asked to see Miner’s rights.  I examined every camp on Maitland Bar!”

“And two days ago I came across this man - Ah Sung!”

As he announced the prisoner’s name, Chiplin swept his arm dramatically toward Ah Sung who was seated in a front corner.

“Ah Sung did not have a Miner’s right for this year. I promptly arrested him due to this issue alone. But during questioning I noticed he had a severe cut on his right hand. He told me it was due to a cane from a rice bag. But there was also a cut on his face and another wound on his leg. I was suspicious.”

Ah Sung sat glumly, emotionless, understanding nothing.

“Although this man was found in a hut several miles down the Meroo, I discovered that he used to live quite close to the Lee residence until recently. Sure enough, on examination of the area around his old hut, we found blood stained clothing buried in a shallow hole. The clothing had belonged to Ah Sung.”

Chiplin then held up a stinking and blood stained serge shirt.

The Magistrate then intervened.

“Alright, Chiplin, resume your seat please! I would like to call Mrs Sarah Lee!”

Sarah stood and answered questions directed to her efficiently and calmly.

“Yes, the prisoner is known to me. He lived close to us for almost two years. He was in the habit of dealing at our store. I have seen the prisoner wearing that serge shirt. I do not recall any other Chinaman wearing a similar shirt.”

Sarah stole a furtive glance towards Ah Sung. He glared back. She almost recoiled. Sarah shivered with the realization that this was the man who used to cook his meals in a big flat pan on a low fire near her house. It was his meals that had often smelled so strongly spiced but yet enticing to her.

George was then called to speak.

“I only saw one Chinaman fighting with my father. I saw no others about. I heard no others. He had a tail which, when undone, fell to the ground. He was a short man. I have seen the prisoner before, he used to live near our house. He often played with me. I cannot say prisoner is the man who killed my father, it was too dark at the time. He is about the same size…”

During the next few hours other witnesses were called. The Doctor was called.  Mr Sheen was called.

Finally the prisoner was called to make his statement through an interpreter.

“I have nothing to say except that on Tuesday evening, 9^th of June, I went to Mr Lee’s store to buy beef and tobacco. I bought there one shilling worth of beef and sixpenny worth of tobacco. I gave Lee for this half a crown. Lee only gave me sixpence back in change. I say ‘What for you only give me sixpence change?’ Lee said ‘You only give me a shilling bit.’ I called Lee a bloody rogue. I fight with Lee and his children come out and fight too. Lee sang out to his boy to bring a knife and he stab me. I took the knife and I stab Lee a good many times. I ran away. I never stabbed the girl that is dead. Perhaps father kill her.”

The crowd erupted into howls of protest once the interpreter said the last sentence. The Magistrate banged his gavel on the desk for order. Sarah covered her mouth in shock and her eyes widened in horror. This was a continuing nightmare! She had to get out of here. She felt hot. She tugged at her high collar with her dry and cracked fingers. She restrained sobs with difficulty.

Fortunately the charges were immediately read out. Ah Sung was committed to stand trial for the murder of Ralph Lee, to be held in Bathurst on 12^th October.

So, although Ah Mow had been the first Chinamen arrested for the murder of Ralph Lee, it was Ah Sung, a second suspect, who would actually be put on trial for the murder. One suspect was dead.  No matter - another suspect had been found.

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