James Albert Dunstan, 1916

Below also see: James Albert Dunstan, 1924

 

Newcastle Morning Herald and Miners’ Advocate, Mon 21 Feb 1916 ¹

NEWCASTLE POLICE COURT.
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Saturday, February 19.
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(Before Mr FG Adrian, SM.)

…

REMANDED.

    James [Albert] Dunstan (19), labourer, for whom Mr TA Braye (Messrs Braye and Cohen) appeared, was charged with an offence against propriety, and on the application of Senior-sergeant Stove, was remanded until Friday next. Bail was allowed in recognisance of £20, and two sureties of £10 each, or one of £20.

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Newcastle Morning Herald and Miners’ Advocate, Sat 26 Feb 1916 ²

NEWCASTLE POLICE COURT.
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Friday, February 25.
(Before Mr CH Gale, DSM.)

…

CHARGE OF IMPROPRIETY.

    James Dunstan, 19, for whom Mr TA Braye (Messrs Braye and Cohen) appeared, was charged with an offence against decency in Chatham-road, Hamilton, on 18th February. Defendant pleaded not guilty. The hearing of the evidence occupied several hours and at its conclusion defendant was sentenced to three months’ imprisonment. He gave notice of appeal.

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Newcastle Morning Herald and Miners’ Advocate, Sat 29 Apr 1916 ³

NEWCASTLE QUARTER SESSIONS.
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    The following cases have been listed for the Newcastle Quarter Sessions, which will open at the Newcastle Courthouse on Tuesday next, May 2:—
…
    Wednesday:
…
    Appeals against magistrates orders and decisions: James Albert Dunstan.

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Newcastle Morning Herald and Miners’ Advocate, Fri 5 May 1916 ⁴

QUARTER SESSIONS.
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Thursday, May 4.
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(Before His Honor Judge Fitzhardinge.)

    Mr AF Dawson was Crown Prosecutor.

DECISION RESERVED.

    James Albert Dunstan appealed against the decision of Mr CH Gale, police magistrate, in convicting him at Newcastle on February 25, upon a charge on improper conduct at Hamilton on February 18. Mr TA Braye (Messrs Braye and Cohen) appeared for the appellant. In addition to the depositions of evidence tendered by the witnesses in the hearing of the case at the police court, Robert Hyde deposed that on February 18 he was in company with a man named Williams and three other companions. While they were in the vicinity of Hunter and Watts streets, witness saw Dunstan go by. It was then five minutes to ten pm. Dunstan was going down Watt-street to catch the tram. Witness called out, “Good night, Whippo,” to Dunstan, who waved his hand in reply. Dunstan was known by the nickname of “Whippo.” Ernest JR Williams corroborated the evidence. J Blackwarth and Thomas Davies gave evidence respecting the location of the house in which the appellant lived. The witness stated that they had conducted experiments, and said that they had found it impossible to see a person standing at the gate from the corner. His Honor said that he would not definitely promise, but it was possible that he would view the locality. He reserved his decision until this morning. Appellant was admitted to his former bail.

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Newcastle Morning Herald and Miners’ Advocate, Sat 6 May 1916 ⁵

QUARTER SESSIONS.
———◦———
Friday, May 5.
————
CONVICTION SUSTAINED.

    His Honor Judge Fitzhardinge gave his decision in the appeal of James Albert Dunstan against his conviction by Mr CH Gale, PM, at Newcastle on February 25, upon a charge of improper conduct at Hamilton on February 18. Mr TA Braye (Messrs Braye and Cohen) appeared for the appellant.

    After fully reviewing the evidence, his Honor said that the evidence for the prosecution was very strong indeed, and it would have taken very strong evidence to have overbalanced it. He could not find that the evidence on behalf of the defence was sufficiently strong to overcome it. The appeal was therefore dismissed and the conviction confirmed, with costs of £5 5s against the appellant. His Honor added that he must express regret that some evidence was called on behalf of the defendant that, to his mind, was plainly manufactured. The evidence he meant was that which the defendant gave himself—that when he was in Newcastle he saw two persons, namely Hyde and Williams. When the defendant gave evidence before the stipendiary magistrate, though he did not use the words, he certainly conveyed the impression that he did not see anyone in Newcastle. After Dunstan had been convicted, Williams and Hyde seemed to have put their heads together with the defendant, and they had come before the Court to give evidence which, to his mind, was plainly manufactured. Neither the evidence of Hyde and Williams concurred with the story told by the defendant. Judge Fitzhardinge said that he did not suggest that Mr Braye was aware of such a thing.

 

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James Albert Dunstan, 1924

Newcastle Morning Herald and Miners’ Advocate, Sat 9 Feb 1924 ⁶

NEWCASTLE POLICE COURT.
———◦———
Friday, February 8.
———
(Before Mr JWM Laidlaw, SM.)

…

A SHARP PENALTY.

    A sentence of six months’ imprisonment was passed on James Albert Dunstan, 26, a carter, who was convicted of serious misbehaviour [expose his person] in Islington Park on February 5. Evidence of arrest was given by Constable W[illiam] T[homas] Knox, of Islington, who said he was called to the park at 8 o’clock in the morning. Concerning the alleged offence, details were given by a sixteen-year-old girl, who was corroborated in a measure by her mother, who intercepted the defendant after a complaint was made to her. The defendant [James Albert Dunstan], for whom Mr F O’Donnell appeared, claimed that he was not guilty of wilfully committing any offence. He attributed his position to an accidental disarrangement of his clothing. In passing sentence, the magistrate stated that in cases of this kind he could readily understand that a woman felt some repugnance at giving evidence in regard to such happenings. The young girl and her mother were to be commended for the action they took. Similar appreciation was expressed by Sergeant Ward on behalf of the police.

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James Albert Dunstan, Gaol photo sheet ⁷

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Gaol Photo Sheet - Transcribed Details

No. 1883
Maitland

Date when Portrait was taken: 20-2-1924

Name: James Albert Dunstan

Native place: NSW Year of birth: 19/1/1897 Arrived       Ship: in Colony }   Year: Trade or occupation previous to conviction  } Laborer Religion: Methodist Education, degree of: R & W Height: 6' 1" Weight     On committal: 169 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Grey

Marks or special features: Vaccination mark left arm.

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Newcastle PC Newcastle Q.S Newcastle PC	20   5   8	2 5 2	1916 1916 1924	Expose person Appeal dismissed Wilfully & obscenely expose person	3 months H.L. Appealed at Court. Conviction affirmed. 6 months H.L.

 

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¹     Newcastle Morning Herald and Miners’ Advocate, Mon 21 Feb 1916, p. 3.

²     Newcastle Morning Herald and Miners’ Advocate, Sat 26 Feb 1916, p. 7.

³     Newcastle Morning Herald and Miners’ Advocate, Sat 29 Apr 1916, p. 5.

⁴     Newcastle Morning Herald and Miners’ Advocate, Fri 5 May 1916, p. 3.

⁵     Newcastle Morning Herald and Miners’ Advocate, Sat 6 May 1916, p. 7.

⁶     Newcastle Morning Herald and Miners’ Advocate, Sat 9 Feb 1924, p. 3. Emphasis added.

⁷     SRNSW: NRS2327, [3/5991], Maitland Gaol photographic description book, 1875-1930, No. 1883, p. 98, R5132.

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