Balmain Observer and Western Suburbs Advertiser, Sat 14 Oct 1905 ¹

BALMAIN POLICE COURT.
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Wednesday, October 11.
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(Before Mr Donaldson, SM.)

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Friday.
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(Before Mr Donaldson, SM.)
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INDECENCY.

    James Aylott, aged 38, a ship painter, was charged with exposing himself indecently on the 9th and 10th instant. Two girls, one a pupil teacher, the other a dressmaker, gave evidence that the man was on Darling-street, near Cooper-street, when the offence was committed. One of the witnesses broke into sobs when asked to state her evidence. The accused, in defence, said his clothing was worn and he was unaware of the exposure. The magistrate said the conduct was abominable, and he quite believed every word the girls had stated. He sentenced the prisoner to 6 months’ hard labor on each charge (there were two), the sentence to be concurrent.

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The Sydney Morning Herald, Sat 14 Oct 1905 ²

POLICE COURTS.
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GROSS MISCONDUCT.

    James Aylott, 38, a painter, was brought up at the Balmain Police Court yesterday, before Mr LS Donaldson, SM, on two charges of gross misconduct in Darling-street. The accused was convicted, and sentenced to six months’ imprisonment, with hard labour, on each charge, the sentence to be concurrent.

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The Daily Telegraph, Tue 19 Dec 1905 ³

QUARTER SESSIONS.
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(Before Judge Docker.)

    Mr Herbert Harris prosecuted the Crown.
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CONVICTIONS SET ASIDE.

    James Aylott appealed against two convictions, at the Balmain Court, before Mr LS Donaldson, SM, on charges of indecent exposure. The appellant had been sentenced to six months’ imprisonment on each charge, the terms to be concurrent.

    His Honor said there was no evidence to show that the offence had been wilfully committed, and therefore set the convictions aside. Mr JW Abigail was for the appellant.

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The Sydney Morning Herald, Tue 19 Dec 1905 ⁴

SYDNEY QUARTER SESSIONS
APPEALS.
(Before Judge Docker.)

    The following appeals came before his Honor at Darlinghurst Courthouse, Mr Harris, instructed by the Crown Solicitor (Mr LV Tillett) appearing on behalf of the Crown:—
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    In the case of James Aylott, who had been convicted before Mr LS Donaldson, SM, at Balmain, on two charges of indecent conduct, and sentenced to six months’ imprisonment, his Honor allowed the appeal, remarking that though there was no doubt of the commission of the acts complained of, there was some doubt as to whether the offences were wilfully committed. Mr JW Abigail appeared for appellant.

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Balmain Observer and Western Suburbs Advertiser, Sat 23 Dec 1905 ⁵

CURRENT ITEMS.
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SUCCESSFUL APPEAL.—

    On Monday last James Aylott appealed to Judge Docker against two convictions, at the Balmain Court, before Mr LS Donaldson, SM, on charges of indecent exposure. The appellant had been sentenced to six months’ imprisonment on each charge, the terms to be concurrent. His Honor said there was no evidence to show that the offence had been wilfully committed, the therefore set the convictions aside. Mr JW Abigail was for the appellant.

 

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¹     Balmain Observer and Western Suburbs Advertiser, Sat 14 Oct 1905, p. 5.

²     The Sydney Morning Herald, Sat 14 Oct 1905, p. 11.

³     The Daily Telegraph, Tue 19 Dec 1905, p. 4.

⁴     The Sydney Morning Herald, Tue 19 Dec 1905, p. 4.

⁵     Balmain Observer and Western Suburbs Advertiser,Sat 23 Dec 1905, p. 4.

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