George David Silva

Case overview

George David Silva (1884–1912) was an Australian multiple murderer.

Background

Silva was of Cingalese descent and worked as a farmhand on a property owned by Charles Ching at Alligator Creek, about 20 miles from Mackay, Queensland. Charles Ching left for town for supplies and money for Silva's wages, and while he was away Silva murdered members of the Ching family. Silva had Sri Lankan parents and was born at Homebush, just outside Mackay.

At the trial, a motive was discussed that Silva had wanted to marry Maud Ching and had been told by her parents that he could not. The police case was that Silva killed the family for revenge for not letting him marry Maud.

The offence

While Charles Ching was away, Silva murdered the Ching family, with the eldest daughter Maud rejecting his advances.

The victims were Agnes Ching (45), Maud Ching (17), Teddy Ching (10), Dolly Ching (8), Hugh Ching (4), and Winnie Ching (20 months). The family members were found dead at the Ching farmhouse and in nearby locations.

The bodies of Agnes, Maud, Hugh and Winnie were found in the house. Mother and eldest daughter had been shot by a revolver and a muzzle-loading rifle, while the boy and baby had their skulls smashed in.

The bodies of Teddy and Dolly Ching were found a mile and a half away; both had been shot and their skulls smashed in.

A peculiar detail described was that after murdering his victims, Silva locked the door of the house and awaited Ching's return. Silva told Ching that the family had gone to visit a neighbour and that the two had tea together. After tea Ching went to look for his family, and on returning anxiously opened a window to gain access to the house, discovering the bodies. Silva was still there and offered to go and report the murder.

Another account described that the rear room was splattered with blood, witnesses said it looked like a slaughter house, and that for some unknown reason the four bodies were dragged into the sitting room, thrown together near a coloured table, and a rug was placed over them.

Two children missing from the house were found shot in a back paddock in one account. Another account described that the two children were still missing and that when the bodies of four victims were taken by cane tram to Sarina for immediate burial, the two missing children had not yet been located.

Investigation

Police and aboriginal trackers inspected the crime scene. After the trackers stated that there was no trail to follow, police homed in on Silva.

Silva was also described as having taken with him a bundle containing bloodstained clothes he had worn when perpetrating the crime when he went with the police. He tried to burn the clothes on the way, but portions were afterwards recovered by the police.

Footprints of the prisoner were found leading to and away from where the bodies lay.

A watch stolen from the Ching farmhouse and belonging to Mrs Agnes Ching was found with Silva's burnt clothes at the site of a fire in the bush. Silva claimed he stole the watch one week before the murders.

Investigators took possession of a blood-stained shutter of the girls' bedroom and found a muzzle loader broken into pieces, a flask of gunpowder and a ball shot. The stock, barrel and ramrod were among the broken pieces found in the grass between the house and the kitchen.

A well known local indigenous tracker, Charlie Deighton, went to the farm with police and found footprints which were measured and found to coincide with Silva's. With the help of two other trackers and police, they located the bodies of the two missing children.

In one narrative, it was stated that at latest accounts Silva persisted in his story that the Hindoo neighbour and his mate participated in the crime.

The Townsville CIB head, Det Sgt Thomas Head, arrived by steamer several days later to oversee the investigation.

Police also described the footprints and weapons evidence, including Silva taking Det Sgt Head to a location where a revolver was found, and then taking the officer to a dry gully along the main road to Mackay, about 1.6 kilometres away, where the remains of charred pieces of clothing were found. Health Department officials said the clothes were bloodstained.

A report at the time quoted Silva’s lack of anxiety, stating: "George Silva had intentions to tell the police what happened but when questioned he was not displaying much anxiety to carry out his intention."

Phone communications were sparse; the phone line to Mackay police was not working. Sarina police tried to contact Mackay, and someone was sent in a horse-drawn buggy. Another neighbour gave Silva a horse and told him to ride to Mackay to alert police.

Arrest and detention

Silva voluntarily slept in the cells at the Sarina police station each night, apparently fearing for his own safety from vigilantes. He was arrested on the Wednesday, five days after the killings.

During the period after the murders, Silva was described as being sent on horseback to Mackay to alert police. The next day he got to the Mackay police station after the alarm had been raised by the person who came into Mackay in the horse-drawn buggy.

When Silva reached Mackay, he met a travelling salesman at a private residence at the corner of Wellington and Victoria streets and bought a new pair of drill trousers. He told the salesman about the murders and claimed bushrangers must have done it. Silva then went to a boarding house and changed into his new clothes before going to the police station.

Silva was taken back to the farm, where investigators took possession of evidence.

Trial

Silva faced trial for murder.

On the Saturday morning eight days after the killings, there was intense public interest and people lined the streets outside the old courthouse. Silva was described as: "He was reported to be "a miniature and very depressed looking specimen of humanity who was marched barefoot and securely handcuffed into the Police Court". "He looked undersized to the curious sightseers who crowded every seat and vantage spot in the court and the adjoining verandah.""

Silva was remanded in custody and went to trial in the Circuit Court (now known as the Supreme Court) in Mackay for two days in March the following year.

He had been initially facing six murder charges, but was charged with just one of the murders because any conviction would have brought the death penalty.

Witnesses included Alligator Creek neighbours and residents James Innes, Dooley Khan and Ballas Allah, Robert Brett, Sam Appoo, Sam Butler, Charles Ching, James Carey, Dr William Hoare, and police officers Sgt James Sergant and Const Robert Brett.

Silva did not testify. The defence lawyers attacked the police officers, claiming evidence was not given freely.

A witness set up a motive by saying Silva had wanted to marry Maud Ching and had been told by her parents that he couldn't. At least one other person was alleged to have been involved in the murders, according to allegations at trial.

At the trial, the jury heard about the stolen watch found with Silva's burnt clothes.

Silva claimed he stole the watch one week before the murders and claimed the blood on his clothes was not human.

The defence also argued that he hid the revolver in bushes after Charlie Ching found the bodies because he feared Mr Ching might shoot himself in despair.

After a jury convicted Silva, he responded when asked if he had anything to say: "There was a lot of false evidence against me and I was choked by Sgt Head in a stable at Ching's place and knocked about".

Silva’s final words in court were: "Your Honour, I'll ask you to have the greatest recommendation to mercy upon my soul. I am innocent."

Justice Lionel Lukin agreed with the jury's verdict and imposed the death penalty.

Sentencing

Silva was sentenced to death by Justice Lionel Lukin.

Appeals

Silva was taken by steamer to Brisbane where an appeal failed.

Outcome

Silva was hanged to death at Boggo Road Jail on June 10, 1912.

He was buried in South Brisbane Cemetery.

Other details

Peter Antoney testified that Silva told him he intended marrying Maudie. Peter Antoney said: "You can't marry. You got no money. You got no blanket. No decent trousers. How would a girl like to marry you like that?"

Silva allegedly replied: "I'll have plenty of money at Christmas. Mr Ching is going to give me a piece of ground and I will build a house."

Grace Carey was the schoolgirl who walked home with the two Ching children. She told police she saw Silva wearing khaki trousers and a blue shirt meet the two children near the house.

Silva initially told police he spent the Friday sleeping under a tree near the tram line. He then claimed an Afghan man who was working on a nearby farm may have killed the family.

It was reported that Silva took a bundle containing bloodstained clothes he had worn when perpetrating the crime and tried to burn these on the way. Portions were later recovered by the police.

Charles and Agnes Ching had three older children, Florence, Henry and Henrietta, who had left home and were not at Alligator Creek on the day of the massacre. Florence was married to Charles Kee Wong in Mackay in December 1905 and was living in Townsville in 1911.

Charlie Ching left Mackay and Australia in 1915 for Hong Kong, where he remarried and had one more child. Henry (Harry) Ching joined the South China Morning Post in February, 1916, as a reporter, and was editor during the Japanese occupation. Henrietta died on February 18, 1974, aged 84. Ernest Steindl died on November 24, 1958, aged 71.

A report described that descendents of the survivors gathered at the Sarina Cemetery at 10.30am for reflection, held a family lunch at the Sarina RSL club, and had a barbecue at Cr Paul Steindl's residence.