The Sydney Morning Herald, Tue 3 Mar 1925 ¹

LAW NOTICES.
————
Tuesday, March 3.
————

…

QUARTER SESSIONS.

…
    No. 2 Court.—William John McNamara, receiving; Robert Widgery, stealing from the person; James Pearce, indecency.

~ ~ ~ ~ ~

Evening News, Fri 6 Mar 1925 ²

GROOM’S CRIME
————
THREE YEARS’ GAOL
————

    JAMES PEARCE, 28, groom, who pleaded guilty at Darlinghurst Sessions to a charge of indecent assault, was sentenced by Acting-Judge Rowland to-day to three years’ penal servitude

    his Honor said he had received a report from Dr Lee Browne, ³ which stated that accused was free from any mental or physical disability.

    “I could not possibly let him out,” added his Honor. “If his wrongdoing is the result of his war experience, then I have the greatest sympathy for him.”

~ ~ ~ ~ ~

The Sun, Fri 6 Mar 1925 ⁴

WAR WOUND BLAMED
————
YOUNG MAN’S CRIME
————

    “The prisoner is free from mental or physical disability,” was the report of the gaol doctor in reply to the contention of the defence that James Pearce, aged 28, groom, who had shot through the head at the war, ⁵ had become mentally unstrung.

    Pearce had pleaded guilty at the Darlinghurst Sessions to a charge of indecent assault, and Acting-Judge Rowland, in passing sentence to-day of three years’ penal servitude, said: “If his wrong-doing is the result of his was experience, then I have the greatest sympathy for him.”

    In view of the medical report, the judge added, he could not let the prisoner go.

~ ~ ~ ~ ~

The Daily Telegraph, Sat 7 Mar 1925 ⁶

CRIMINAL.
————
(Before Judge Scholes.)

    Crown Prosecutor: Mr LJ McKean.
…

(Before Acting Judge Rowland.)

    Crown Prosecutor: Mr WT Coyle, KC.
…

SENTENCES.

    The following persons, who had pleaded guilty, or who had been convicted, were dealt with:—
…
    James Pearce, indecent assault—three years’ penal servitude. His Honor recommended that Pearce be kept under observation. Mr ER Abigail appeared for Pearce.

~ ~ ~ ~ ~

The National Advocate, Sat 7 Mar 1925 ⁷

INDECENT ASSAULT
———◦———
THREE YEARS’ GAOL.
————

Sydney, Friday.

    James Pearce (28), a groom, who pleaded guilty at the Darlinghurst Sessions to a charge of indecent assault, was sentenced by Acting Judge Rolin [sic] to-day to three years’ penal servitude.

    His Honor said he had received the medical report, which stated that accused was free from any mental or physical disabilities.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 7 Mar 1925 ⁸

QUARTER SESSIONS.
No. 1 COURT.
(Before Judge Scholes.)
Crown Prosecutor, Mr LJ McKean.

…

No. 2 COURT.
(Before Acting Judge Rowland.)
Crown Prosecutor: Mr WT Coyle, KC.

…

SENTENCES.

    The following persons, who had been convicted or had pleaded guilty during the week, were dealt with as stated:—
…
    James Pearce (28), groom, indecent assault on a male person, [Barney Holmes], who had been remanded for medical observation, three years’ penal servitude. Dr Lee Brown, visiting medical officer at the Penitentiary, certified that prisoner was free from either mental or physical disability. His Honor recommended that prisoner be kept under observation. Mr ER Abigail appeared for prisoner.

~ ~ ~ ~ ~

The Daily Telegraph, Sat 9 May 1925 ⁹

CRIMINAL APPEAL.
————
(Before the Chief Justice, Mr Justice
Gordon, and Mr Justice James.)

LEAVE TO APPEAL REFUSED.

    An application was made by James Pearce for leave to appeal against his conviction before Acting-Judge Rowland at the Sydney Quarter Sessions on a serious charge. The accused pleaded not guilty, but subsequently, on the advice of his solicitor, pleaded guilty. The grounds relied on were that he was not guilty; that he pleaded guilty on the advice of his solicitor, although accused wished him to enter a plea of not guilty; and the severity of the sentence, which was three years’ penal servitude. Pearce appeared in person. The Court refused his application.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 9 May 1925 ¹⁰

COURT OF CRIMINAL APPEAL.
(Before the Chief Justice, Mr Justice Ferguson,
and Mr Justice James.)

    Mr Weigall, KC, for the Crown.
…

REX v. PEARCE.

    The Court refused an application by James Pearce for leave to appeal against his conviction before Acting Judge Rowland, at Sydney Quarter Sessions of an abominable offence for which he was sentenced to three years’ penal servitude.

~ ~ ~ ~ ~

James Pearce, Gaol photo sheet ¹¹

---

Gaol Photo Sheet - Transcribed Details

No. 20719

Date when Portrait was taken: 4-3-1925

Name: James Pearce

Native place: Darlington Year of birth: 4-2-1897 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Groom Religion: C. E. Education, degree of: R & W Height: 5' 6" Weight     On committal: 116 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Grey

Marks or special features: Scar in hollow of right hand between little & ring fingers. One gold tooth on either side of upper jaw. Turned up nose. Vertical crease in chin.

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Newtown PC ditto Sydney Q.S [Criminal Appeal Court]	27 27   3 13   8	1 1 3 3 5	1920 1920 1925 1925 1925	Indecent language Stealing Indecent assault on a male person Appealed	6 months HL30/- or 10 days HL. £2 or 14 days HL.  |  Paid fines 3 years PS. Appeal dismissed

 

---

¹     The Sydney Morning Herald, Tue 3 Mar 1925, p. 6. Emphasis added.

²     Evening News, (Sydney, NSW), Fri 6 Mar 1925, p. 1. Emphasis added.

³     The Sun, (Sydney, NSW), Fri 4 Nov 1927, p. 15.

“WELL-KNOWN MEN
———◦———
AMONG THE VICTIMS
————
Dr R LEE BROWN 

    Dr R Lee Brown’s body was found this morning and taken to Kinsella’s Funeral Parlors. He was visiting doctor to Long Bay Gaol. A position he had held since June 15, 1914. In any important criminal cases in which the plea of insanity was raised his evidence established a valuable guide to the jury. Like his son, also a medial man, Dr Lee Brown was keen golfer. The Moore Park Club, of which he was patron, has postponed its competition for to-morrow.”

⁴     The Sun, (Sydney, NSW), Fri 6 Mar 1925, p. 10.

⁵     To view WWI service record (service number 5091, barcode 8009684) of James Albert Pearce (aka James Pearce) go to: www.naa.gov.au

⁶     The Daily Telegraph, Sat 7 Mar 1925, p. 9.

⁷     The National Advocate, Sat 7 Mar 1925, p. 2.

⁸     The Sydney Morning Herald, Sat 7 Mar 1925, p. 14. Emphasis added.

⁹     The Daily Telegraph, Sat 9 May 1925, p. 9.

¹⁰   The Sydney Morning Herald, Sat 9 May 1925, p. 12.

¹¹   SRNSW: NRS2467, [3/6113], State Penitentiary photographic description book, 11 Oct 1924-26 Mar 1925, No. 20719, p. 253.

---