Below also see: James Herbert Mustow, 1926,
James Herbert Mustow and Raymond William Jones, 1929
Evening News, Tue 26 Feb 1924 1
NOT GUILTY
————
At the Darlinghurst Sessions to-day,
…
Charles Sheppard was acquitted of a charge of assault.
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The Daily Telegraph, Wed 27 Feb 1924 2
CRIMINAL.
————
(Before Judge Cohen.)
Crown Prosecutor: Mr LJ McKean.
…
ACQUITTED AND DISCHARGED.
Charles Sheppard [aka Charles Shepherd; Charles Sheppherd], for whom Mr WM Niland appeared, was acquitted on a charge of having committed a serious offence at Sydney on December 12. He was discharged.
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The Sydney Morning Herald, Wed 27 Feb 1924 3
QUARTER SESSIONS.
No. 1 COURT.
(Before Judge Cohen.)
Crown Prosecutor, Mr LJ McKean.
ACQUITTED.
Charles Sheppard was charged with having committed an indecent assault against a male person, [James Herbert Mustow, see below: James Herbert Mustow, 1926 and James Herbert Mustow and Raymond William Jones, 1929], at Sydney on December 12 last.
The accused, who was defended by Mr W Niland, was acquitted and discharged.
James Herbert Mustow, 1926
The Sydney Morning Herald, Mon 3 May 1926 4
LAW NOTICES.
———◦———
Monday, May 8.
————
…
QUARTER SESSIONS.
No. 1 Court.—James Herbert Mustow, break, enter, and steal; Albert Ernest Page, break, enter, and steal; Reginald Harold Hamilton, break, enter, and steal.
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The Daily Telegraph, Tue 4 May 1926 5
CRIMINAL
————
(Before Judge Scholes.)
Crown Prosecutor: Mr LJ McKean.
ACQUITTED.
James Herbert Mustow (26), commercial traveller, was charged with having, at Sydney, on January 27, received goods, the property of Percy Gibson. Accused who was defended by Mr CMP Horan, was acquitted. He was further charged with a similar offence, to which he pleaded not guilty, and was remanded to his former custody.
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The Sydney Morning Herald, Tue 4 May 1926 6
QUARTER SESSIONS.
No. 1 COURT.
(Before Judge Scholes.)
Crown Prosecutor, Mr LJ McKean.
…
ACQUITTED.
James Herbert Mustow, 26, commercial traveller, was charged with having received jewellery, the property of Percy Gibson, at Sydney on January 27, well knowing that it had been stolen.
Accused, who was defended by Mr CMP Horan, was acquitted.
He was further charged with a similar offence, and remanded to his former custody.
James Herbert Mustow and Raymond William Jones, 1929
Northern Star, Wed 23 Oct 1929 7
BYRON BAY POLICE COURT
————
Before Mr RJ Clarke, JP, at Byron Bay Police Court on Monday Raymond William Jones and James Herbert Muston [sic] were remanded for eight days on charges of breaking, entering and stealing in C Halpin’s store and Feros Bros. Bail was fixed at £100 in self and two sureties at £50 or one at £100 in respect of each.
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Northern Star, Fri 25 Oct 1929 8
Image: NSW State Library collection. Reproduction: Peter de Waal
At Byron Bay Police Court before Mr EA Mahony, PM, on Thursday, James Herbert Mustow (29) and Raymond William Jones (18) were charged with on or about October 19 breaking and entering the shop of Anthony Feros and George Feros, trading as Feros Bros, and stealing money and goods to the value of about £4 11s.
Sergt G[eorge] T[homas] Smede stated that about 1am on October 20 Clarence Hall came to the police station and gave him some information. He dressed and went over to Shirley-street. Subsequently he saw Hall standing with the accused near Feros’s shop and as he approached Mustow walked across towards Bower’s garage and turned into Shirley-street. When he reached where Jones and Hall were standing, a man named Dunn was then in his (Smede’s) company. He said to Jones: “What are you doing here?” and he replied: “Just standing here. There’s no harm in a man standing in the street is there? Anyway what has it got to do with out?” He told him he happened to be a police officer. Jones said he came from nowhere and that he was just on the road. When I asked who was the other man who had left him, Jones replied “I don’t know who that guy is at all.”
SHOP DOOR FORCED
Smede said that at Feros’s shop he discovered that the front door had been forced open by means of a long thin strong instrument between the centre of the two double doors. The lock bolt was in a locked position although the door was open, which indicated that the doors had been forced apart to such an extent as to free the lock bolt from the catch. Feros said that there was £3 10s in gold missing and also said he thought that some cigarettes and tobacco were missing. Smede said he took Jones to the lockup and charged him and in reply he said “I know nothing about it.”
“On Tuesday on taking the dinner meal into the cell,” alleged Smede, Jones said: “I want to tell you something about that refreshment shop.” I told him I would bring him pen and paper, but he said he did not think he needed pen and paper, he only wanted to say “I admit that job.” After dinner he said, “If you take me for a walk I think I might be able to find that gold.” I drove him over through Shirley-street in the direction of the sand hills to a water hole. He took off his boots and made a search in the water amongst the mud and vegetation. I also made a search but could not find any money.
Smede went on to say that on October 20 at 2 am he went to a shed at the approach to the old pier on the beach and saw Mustow lying on his back in the sand. He had his hat off and boots, and after several attempts to arouse him, witness dragged him out and lifted him on his feet. He immediately fell down again. “I gave him a light slap on the face,” said witness, and said “Rouse yourself up.” Mustow replied: “Who the —– are you?” When Smede told him he was a police officer he alleged that Mustow said: “Strike me dead, if I hadn’t a sore ankle I would clean you up in about two minutes, you —–, and I can well do it niw [sic].” Mustow adopted a fighting attitude, and Smede said he closed with him and threw him to the ground and handcuffed him. He was subsequently brought to the lock-up and charged. In reply, Mustow is alleged to have said: “I know nothing about it. What sort of a stunt are you trying to put over on me? I have been drunk all night.”
Smede said he searched Mustow and in his pocket there were 49 halfpennies, three pennies and two threepenny bits. Mustow, he alleged, said: “You’ve put them there. That’s another joke you’re trying to put up on me.” In another pocket, said Smede, he found a new pair of socks apparently never been worn. When asked where he got them Mustow said: “Not from you, did I? That’s another of your —– jokes. You’ve put them in my pocket too.”
ALLEGED STATEMENT
Witness said that on the Monday Mustow wrote out a statement and signed it in the presence of Constable McInnis. The alleged statement read: On Saturday about 2 pm I met a fellow, Neil Jones, for the first time, and he said he was trying to get home to Sydney. He said he had £1 and I went with him and by 6 pm we were pretty drunk. Later he said, “come with me and I will get you some clothing.” “I went with him to a store, Halpin’s. He soon had the door open and came back in about 15 minutes and gave me a port. In about 20 minutes again he gave me a pair of trousers. He told me he was going into the refreshment shop. He went in and came out and said he could find no money. I was working at Coolangatta for a man named Anderson before I came here on Saturday.”
Continuing, Smede said that on October 22 Mustow said he would like to add to the statement, and the alleged addition was:
“Neil Jones asked me to plead guilty to Halpin’s store and he would plead guilty to Feros’. I said, Why?’ He said, ‘I opened Halpin’s with a knife, but Feros’ I forced open.’ I said, I thought you opened Feros’ with a knife.’ He said, ‘I was caught using one before and the magistrate would know. I don’t want him to know anything about it.’ ”
Smede said that on Thursday morning the statement was read over before both the accused and witness asked Jones concerning the truth. Jones, said witness, replied: “Yes, it is a wonderful concoction of lies. What would I be doing getting clothes for this —–” (meaning accused Mustow). Jones then said to Mustow: “Where did you get the idea my name was Neil Jones.” Mustow replied: “I’ve heard it somewhere; it might have been here.” Jones then said: “I think I will make a written statement. Smede said that Jones made a statement, and when it was read over to Mustow he said it was not true.
The statement alleged to have been made by Jones was read in court and stated:
“I met James Mustow and while talking he said he was fed up with the track, and thought that Byron Bay was a good place to rob. He had been summing the place up all morning. We went to two hotels and got drunk. Later we went to Halpin’s and Mustow took a hat, shoes, shirt, and a pair of trousers. I fell in a waterhole and went in and got a pair of trousers. Afterwards we went to Feros’. I was in taking money while Mustow was outside, and he sang out, ‘Look out, someone’s coming.’ Mustow ran away. I did not at any time tell Mustow my name was Noel [sic] Jones.”
FROM THE VERANDAH
Clarence James Hall, a labourer residing at the Orient Coffee Palace, stated that from the verandah of the Coffee Palace last Saturday night he noticed two men in the street walking from door to door trying the doors. He noticed one of the men carrying a suit case. They walked from Payne’s refreshment rooms to Feros Bros’. He heard a door rattle and a couple of minutes later noticed the same two men walk towards the railway yards, one carrying a suit case. They disappeared from view and four or five minutes later they returned without the suitcase. From the street near White’s refreshment room he kept the men under observation for about 1½ hours and again heard a door rattle and then went and told the sergeant. He went back and saw two men standing in the doorway of Feros’ refreshment rooms. Witness walked over to the men and said: “Good night.” They walked from the door to the pavement and the sergeant then spoke to them.
Jones, when asked if he had anything to say concerning the charge, said he was guilty. Mustow stated he had nothing to say.
Mr Mahony committed accused for trial at the Quarter Sessions to be held in Lismore on December 2, 1929. Bail was allowed.
Other charges concerned alleged entries into C[yril] Halpin’s store and W[illiam] E[rnest] Bower and Sons’ , [Stanley Nelson Bower], garage. On each of these charges both accused were committed for trial. In each of these cases bail was fixed at £25 for each defendant with other sureties of similar amounts.
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Northern Star, Tue 3 Dec 1929 9
QUARTER SESSIONS
————
CASES AT LISMORE
———
Charges to be heard at the Quarter Sessions at Lismore Court House tomorrow are as follows:—
Robert Henderson (false pretences), James Herbert Mustow and Ray William Jones (breaking, entering and stealing, two charges), Ray William Jones (breaking entering and stealing), Edward Charles Morgan (breaking and entering with intent to commit a felony, and a second charge of stealing), John Thomas Napier (appeal against a conviction for stealing).
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Northern Star, Thu 5 Dec 1929 10
QUARTER SESSIONS
————
SITTINGS OPENED AT LISMORE YESTERDAY
————
SEQUEL TO BYRON BAY AFFAIR
————
James Herbert Mustow and Ray William Jones pleaded guilty, before Judge Mocatta, at Lismore Quarter Sessions, which commenced at the Court House yesterday, to two charges of breaking, entering and stealing at Byron Bay on October 19. The accused were remanded.
The first charge was of breaking and entering the premises of Anthony Feros on October 19 at Byron Bay, and stealing therefrom £3 10s; and the other on the same date of breaking and entering the premises of Cyril Halpin at Byron Bay and stealing men’s wear and 2s 6d.
Jones pleaded guilty to another charge of on October 19 at Byron Bay breaking and entering the shop of William Ernest Bower and stealing a lamp, five pieces of paper, and 6s. Accused was remanded.
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Northern Star, Sat 7 Dec 1929 11
QUARTER SESSIONS
————
YESTERDAY’S SITTING
———
AGAIN REMANDED
———
James Herbert Mustow and Ray William Jones were remanded for sentence until Monday by Judge Mocatta at Lismore Quarter Sessions yesterday. Asked if they had anything to say, having pleaded guilty to charges of breaking, entering and stealing at Byron Bay, the accused tendered written statements, which his Honour said would take some time to read.
Sgt [John Henry] Aspery read a long list of convictions of Mustow, which included a case of stealing at Newtown Police Court. The other accused was committed to an institution on October 15, 1928, on a charge of breaking, entering and stealing, and in reply to a question from the bench, Jones said he was released when he became eighteen.
Mr GP Hungerford intimated at the commencement that he had been asked by Mr RJ Browning (Crown Prosecutor) to act for him.
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Northern Star, Tue 10 Dec 1929 12
ACCUSED SENTENCED
————
LISMORE QUARTER SESSIONS
———
On remand, James Herbert Mustow was sentenced to 18 months’ imprisonment at Lismore Quarter Sessions yesterday by Judge Mocatta on each of two charges of breaking, entering and stealing at Byron Bay. The sentences were made concurrent, commencing from October 20, 1929, the date on which Mustow was arrested.
Ray William Jones, on three similar charges, was sentenced to nine months’ imprisonment, to be served on a prison farm, sentences to be concurrent and dating from October 20, 1929.
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James Mustow, Gaol photo sheet 13
![SRNSW: NRS2467, [3/6123], State Penitentiary photographic description book, 8 Nov 1928-21 Mar 1929, No. 23487, p. 403.](../../images/trials/1924-Shepherd-6123-gaol-photo-23487-James-Herbert-Mustow.jpg "SRNSW: NRS2467, [3/6123], State Penitentiary photographic description book, 8 Nov 1928-21 Mar 1929, No. 23487, p. 403.") |
Gaol Photo Sheet - Transcribed Details
No. 23487
Date when Portrait was taken: 5-12-1928
Name: James Mustow
(aka James Herbert Mustow)
|
Native place: Kogarah Year of birth: 24-10-1899 Arrived Ship: B.S. Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 6¼" Weight On committal: 132 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Nil |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Newtown PC ditto ex ditto ditto ditto ditto ditto Sydney Q.S Newtown PC ditto |
10 18 20 19 8 27 31 17 2 30 13 |
3 8 9 1 6 6 10 2 4 11 3 |
1926 1926 1926 1927 1927 1927 1927 1928 1928 1928 1929 |
Receive stolen property Use insulting words Not pay train fare Threatening words Indecent language Stealing Use insulting words Assault Appeal dismissed Assault Threatening words |
3 months H.L. 61/6 or 21 days HL 21/6 or 24 hours HL Sureties or 7 days HL £3-3-6 or 1 month HL 3 months H.L. £6-4-6 or 2 months HL £6-4-6 or 2 months HL | Accum Conviction affirmed 3 months HL Sureties or 3 months HL |
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Raymond William Jones, Gaol photo sheet 14
![SRNSW: NRS– [17/1495], State Penitentiary photographic description book, 3 Dec 1929-20 Mar 1930, No. 24382, p. –.](../../images/trials/1924-Shepherd-1495-gaol-photo-24382-Raymond-William-Jones.jpg "SRNSW: NRS– [17/1495], State Penitentiary photographic description book, 3 Dec 1929-20 Mar 1930, No. 24382, p. –.") |
Gaol Photo Sheet - Transcribed Details
|
Name Raymond William Jones No. 24382 Date when Portrait was taken: 8-1-1930 |
Finger Print |
||||||||
|
Native Place Walcha Year of Birth 26-6-1911 Arrived in State Ship BS Trade or occupation Religion C of E Education, degree of R & W Height, without shoes 5' 9⅜" Weight in lbs. On committal 136 Colour of hair Light brown Colour of eyes Blue Marks or special features Nil |
|
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CONVICTIONS St 7574 97939 |
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|
Court. |
Date |
Offence. |
Sentence |
Name. |
Gaol No. |
||||
|
Lismore Q.S |
4 |
12 |
1929 |
Break enter & steal 3 charges |
9 months H.L. on each charge. |
RW Jones |
125 |
||
1 Evening News, (Sydney, NSW), Tue 26 Feb 1924, p. 7.
2 The Daily Telegraph, Wed 27 Feb 1924, p. 5.
3 The Sydney Morning Herald, Wed 27 Feb 1924, p. 10.
4 The Sydney Morning Herald, Mon 3 May 1926, p. 8. Emphasis added.
5 The Daily Telegraph, Tue 4 May 1926, p. 4.
6 The Sydney Morning Herald, Tue 4 May 1926, p. 6.
7 Northern Star (Lismore, NSW), Wed 23 Oct 1929, p. 3.
8 Northern Star (Lismore, NSW), Fri 25 Oct 1929, p. 4. Emphasis added.
9 Northern Star (Lismore, NSW), Tue 3 Dec 1929, p. 4. Emphasis added.
10 Northern Star (Lismore, NSW), Thu 5 Dec 1929, p. 5.
11 Northern Star (Lismore, NSW), Sat 7 Dec 1929, p. 7. Emphasis added.
12 Northern Star (Lismore, NSW), Tue 10 Dec 1929, p. 6.
13 SRNSW: NRS2467, [3/6123], State Penitentiary photographic description book, 8 Nov 1928-21 Mar 1929, No. 23487, p. 403.
14 SRNSW: NRS– [17/1495], State Penitentiary photographic description book, 3 Dec 1929-20 Mar 1930, No. 24382, p. –.