Chapter 5 – Ralph Lee’s Murder Trial - Ah Sung is tried

12 October, 1868

And now she had to suffer the sight of the damn Chinaman AGAIN, Sarah thought as she took her seat on a wooden bench in the Bathurst courtroom. She was of course anxious to see justice done however. It was just that she could not abide the look of any of them anymore, especially that man, Ah Sung.

 Sarah gazed at the large timber built courthouse and felt rather unimpressed. She had not been to Bathurst before but this building of roughly hewn posts was not what she had expected. Was there no stone buildings in the Australian bush at all? At least the seating was of elegantly carved and polished timber. She had heard that there was soon to be a new courthouse here. But that might be just a story? Like the railway that was always supposedly coming from Sydney…at least they had the Telegraph now, she supposed.

She held in her stomach and adjusted her skirt to cover her swelling belly. She had still not told anyone about her condition or that Robert was to be her new husband. She jiggled her large baby, Grace, on her lap as usual. The other children had remained with Mrs Wheen for a day or two while she attended the Chinaman’s Trial.  Mrs Smith sat beside her, trying not to beam with self-importance at being in the front row, supporting the poor widow. And next to Mrs Smith was dear Robert, dressed elegantly as usual and assuming a somber disposition, appropriate for his role as chaperone. Sarah tried not to look at him, lest her expression give her away. How she loved Robert! How wonderful he was! She had seen him very little in the last few months. But in their few whispered, late night exchanges, he was sincere and loving. She was so pleased with his sense of decorum. He was waiting until Sarah gave the all clear for their betrothal – at a time she deemed right. She was very lucky indeed to have such a man to love and care for her. She looked forward to her new marriage and had started making some plans as to which items to take to Sydney.

Chief Justice Stephens entered the room and everyone stood up. He gloomily lumbered his bulky, robed form to his desk. Everyone was quite intimidated by him, especially the inexperienced defence counsel. This Judge had been known to previously send at least six men to their deaths from this very courtroom!

Everyone sat with a creaking of timber and a rustling of fabrics. Ah Sung was asked how he pleaded through an interpreter. He said it was self defence after he went to the store to buy beef.

“Suppose me no kill him, he kill me?” Ah Sung added in pidgin, addressing the Chief Justice.

The remark was ignored and a pleas of Not Guilty was entered into the record.

 Ah Sung was NOT killed, though, was he? Sarah bristled at the injustice. It was her dear Ralph who was dead – and in a most frightful manner too. The impertinence of that Chinaman! Fancy speaking up like that. He would soon change his tune, she thought.

Mr Manning, assigned counsel for defence, began by querying the fact that many Chinese were in fact taken in for questioning for the murder of Ralph Lee. And then he explained that Ah Sung had not robbed Mrs Lee -but Ah Mow had.

“How can you prove that last portion of your statement?” interrupted the Chief Justice.

“I shall call on Mrs Lee,” said Mr Manning.

“When was your candle case opened?” began Mr Manning, glaring at Mrs Lee intently.

“At about 4pm on Tuesday,” replied Sarah. “It was just before I left to visit friends at Avisford.”

“How many candles were missing when you next saw that case?”

“Seventeen,” replied Sarah.

“You know how many candles were found in Ah Mow’s hut?”

“Yes, seventeen.”

“You identified a piece of plaid material, I think?” continued Mr Manning.

“I still have the piece from which it was cut.” Sarah had no idea why a Chinaman would want a piece of her dress fabric. But the missing section was indeed found in Ah Mow’s hut.

“I think you identified no single piece of property of any kind in the possession of Ah Sung?”

“He had nothing of mine.”

Constable Fitzpatrick was called and he confirmed that it was Ah Mow’s hut which contained the goods belonging to Mrs Lee, not Ah Sung’s.

But Ah Mow was dead?  Ah Mow could not be on trial if he was dead? So why was the court talking about the robbery now? Sarah felt confused. She did not know how a court worked. She looked around at the jury. Blank faces met her gaze. They seemed worried to hear all of this too. Could Ah Sung be innocent? Mr Manning had raised a cloud of doubt.

Dr Ramsay was then called up and he explained that the knife which killed Ralph Lee was definitely the long knife found in Ah Mow’s hut.

Sarah’s daughter confirmed that the voice calling for Beefo was Ah Mow’s voice.

“Ah Sung’s voice was not a bit like it,” she added.

So what was everyone to believe? It looked as if Ah Mow was the murderer. But he was now dead – murdered by persons unknown. And yet here was Ah Sung – and he had admitted to stabbing Ralph Lee.

Chiplin was then relieved to be called up at last. He began to offer his fuller explanation. He outlined the case against Ah Sung – the blood stained clothes and the admission by the prisoner of stabbing Ralph Lee – apparently in self defence.

So did both of the Chinamen collude to commit the crime?

Sarah simply did not know. It seems that the legal minds also had no idea. Some members of the jury by now had their hands across their mouths, faces pale.

Mr Manning, defence counsel, had asked them to consider the small build of Ah Sung and the large frame of Ralph Lee. The prisoner should be set free, he said.

But Chiplin again reminded them of the prisoner’s confession. Self defence or not, Ah Sung had admitted stabbing Ralph Lee. There was the truth of it.

The jury retired for the evening to consider their verdict.

Sarah and her party left for their boarding house, tired and dissatisfied.

At 1am the jury returned to the court and one juror asked the Chief Justice if they should, in fact, also consider the death of little Amelia Lee? The jury was undecided and overwhelmed with information. It seemed unlikely they would reach a unanimous verdict. The chief Justice attempted to guide the jury in their deliberations. The jury again retired.

At 2am the jury gave a verdict of Guilty.

After a considerable and rather confused preamble about the strange habits of the Chinese, the Chief Justice at last gave his summing up:

    “I have carefully and painfully considered every circumstance of the case, and I am as certain that the prisoner is guilty, as that I am now sitting on this bench. He has been righteously convicted of a most barbarous murder, and must suffer for the violation of the laws of the country-laws that are founded upon the laws of God, upon religion and morality. The sentence of the Court is, that you, Ah Sung, be taken hence to the place from whence you came, and, upon a day to be fixed by the Governor and the Executive Council, from thence to the place of execution, there to be hanged by the neck until your body be dead, and I pray earnestly that God Almighty may have mercy upon you.”

Ah Sung remained stoic and gave a response to the court:

“No matter when die, young or old, can only die once.”


Read Chapter 6 - If you can't see it below then click HERE or use the links at the right.