The Riverine Grazier, Tue 16 Nov 1926 1
At the opening of the Quarter Sessions to-day, references were made to the retirement of His Honor Judge Bevan at the end of the year. Appropriate farewells were said and good wishes expressed for the judge’s future. His Honor feelingly replied. Fuller report will appear later.
…
HAY QUARTER SESSIONS.
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A Court of Quarter Sessions was opened to-day before Judge Bevan. Captain Storkey, VC, prosecuted for the Crown, and Mr DC Pagan was present as deputy sheriff.
There was only one case for trial.
INDECENT ASSAULT.
James Fallon was charged for that on the 8th November, at Hay, he did indecently assault John Edwin Shephard [9 years].
The prisoner pleaded guilty.
In answer to His Honor Inspector Hamilton said there was nothing against the prisoner, excepting three convictions for drunkenness at Hay and one of indecent behaviour at Moree, when he was fined £2.
The prisoner, when called upon, and asked if he had anything to say, said that he had been drinking, and did not know what he was doing. Constable Emerson had known him since he had been in Hay, and he thought he would say he had borne a good character.
Constable Emerson said that he had known the prisoner for three years. He thought prisoner was a hard worker. Prisoner had been drinking for about three weeks.
His Honor said it did not much matter whether it was from drink of [sic] from some other cause the prisoner assaulted the boy in this case. It was a horrible thing that little children could not be allowed to go unmolested. The prisoner was an old man, and he knew what he had done was wrong, and beastly. A thing like that might affect the child’s mind for years and years. It was not because he wished to punish the prisoner that he was giving him a long sentence, but so that it would be known that children who were going about by themselves must be protected. Prisoner would be sentenced to two years’ hard labor in Grafton gaol.
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The Riverine Grazier, Fri 19 Nov 1926 2
HIS HONOR JUDGE BEVAN
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VALEDICTORY REFERENCES.
At the opening of the Hay Quarter Sessions on Tuesday references were made to the approaching retirement of His Honor Judge [Walter] Bevan 3 at the end of the year. His Honor will then have have reached the age at which, under the Act, the retirement of judges is compulsory.
Mr WB Simpson (barrister) said that before the business of the court was entered upon he would like to say a word or two about His Honor’s retirement. Hay being easily the most important town is His Honor’s district, 4 it was appropriate that reference should be made to that here. The legislature, in its wisdom, has passed a Judges’ Retirement Act , which was forcing the judges to leave the Bench just when the public had begun to appreciate them. Throughout the whole of the South-west district the public trusted and respected His Honor, not only the public which came into contact with the court, but the public generally. While it might not be a good thing that a judge should remain too long on the Bench in the case of His Honor it was greatly regretted tha [sic] he had to retire. Hence the members of the Bar, the solicitors, and the general public wished that His Honor might remain in the position in which he had rendered good service for so long, and that he should not be compelled to retire at a time when his experience made him more useful than ever.
Mr J McN Stimpson (Messrs Alexander and Simpson) after apologising for the absence of Mr EW Wilkinson, said he felt sure His Honor knew how sorry they all were that he was retiring. They only hoped that His Honor’s successor would be as good a judge, and as nice a gentleman to appear before. They said good-bye to His Honor with great regret.
Mr DC Pagan, deputy sheriff, said he desired to associate himself with the kindly remarks which had been made. In his opinion His Honor was the beau ideal of a judge, and a thorough gentleman. His Honor’s genial bearing and kindly address made one look for his visits. He regretted that His Honor was retiring, and his regret was shared by all the officers who had ever served under him.
Mr J Johnston, deputy coroner, speaking for the police magistrates of the district, expressed regret at His Honor’s retirement. He thought it unwise that an arbitrary retiring age should be fixed, for some men were as fit mentally and bodily at seventy as others were at sixty. They all knew the interest His Honor took in his fellow men. His Honor’s abhorrence for the sin did not prevent him taking a compassionate interest in the future welfare of the sinner. It was no secret that it was at His Honor’s suggestion that the spikes had been removed from the front of the dock, and it was actions such as that which had endeared the judge to the public. He hoped the judge would be blessed with continued good health, so that he could spend the evening of his days in a pleasant profitable and peaceful way.
Inspector Hamilton thanked His Honor for his great kindness and consideration to the police, which had characterised his term on the Bench. The police throughout the district said farewell to His Honor with great regret.
Mr PE Morgan, CPS, said he would like to join with the others in saying good-bye to His Honor. His duties brought him into close touch with His Honor, who had the happy knack of making one feel at home. He thought that every deputy of the peace in New South Wales, either knew His Honor, or knew of him. Everyone was genuinely sorry that His Honor was forced to retire.
His Honor Judge Bevan, in reply, said that he thanked them very much indeed for their kind expressions and good wishes. Of course one felt severing one’s connections with the course of one’s life. It was thirty-five years since he started in the north-west as Crown prosecutor, and since then he had been perpetually travelling. He came to Australia as a very young man, and he had never left it since. The longer he lived the more he saw the possibilities of the country, and the more he admired the people. He believed that in the years to come the people of Australia would exhibit a higher mentality than most nations. He hoped that people would keep th country white—not merely in color, but white in soul. The late was showed that the average intelligence of the Australian soldiers was as high as that of those of any nation if not higher. That was a factor that went to the making of a great race. And the best of all the Australians came from the places of the West—the outlying back places. Their surroundings of good health and glorious climate bred in them an initiative that was never daunted by obstacles. Those men were physically and mentally as strong, or stronger, than any other nation’s men. There was something about the men of the West that always had an attraction for him. Their bigger interests broadened their minds, and led to that boundless hospitality which was showered on visitors. Although motor cars had lessened the opportunities of visiting those Western homes, the memories of the “buggy” days would never be blotted out. He had tried to do his duty well, to administer justice fairly, and to put him self in the position of the other man. He had tried to appreciate the point of view of the man in the dock. Reference had been made to the removal of the spikes. He had the front of the dock removed altogether, as he did not think it necessary, but another Government came in, and it was restored. In all his long experience he had only seen one row in the dock. He thought its removal would be a good experiment. He thought it a relic of a barbarous time, and a useless and senseless appendage of the courts at the present day. He thanked the officers of the court and the police, for whom he had an intense admiration. He thanked them all once again. It was a great grief to him that he would not be there again in a judicial capacity, but he hoped that although he was saying goodbye to his official work, it would not be a long and last farewell to his friends.
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Truth, Sun 21 Nov 1926 5
“HORRIBLE”
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Boy Assaulted at Hay
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TWO YEARS FOR
OLD MAN
AT Hay Quarter Sessions, before Judge Bevan, on Wednesday James Fallon was charged with indecently assaulting at Hay on November 8 John Edwin Shephard, a school child.
Prisoner, in pleading guilty, said he had been drinking and did not know what he was doing.
Fallon met the boy at a merry-go-round, enticed him away and committed the offence.
His Honor said it was a horrible thing that little children could not go unmolested.
Prisoner was an old man, and he knew what he had done was wrong and beastly. A thing like that might affect the child’s mind for years and years. It was not because he wished to punish prisoner that he was giving him a long sentence, but in order that it would be known that children who were going about by themselves must be protected.
Two years hard labor in Grafton Gaol was the sentence.
On a charge of indecent behaviour at Moree prisoner had been fined £2.
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James Fallon, Gaol photo sheet 6
![SRNSW: NRS2327, [3/5991], Maitland Gaol photographic description book, 1875-1930, No. 1991, p. 220, R5132.](../../images/trials/1926-Fallon-5991-gaol-photo-1991.jpg "SRNSW: NRS2327, [3/5991], Maitland Gaol photographic description book, 1875-1930, No. 1991, p. 220, R5132.") |
Gaol Photo Sheet - Transcribed Details
No. 1991
Maitland
Date when Portrait was taken: 12-1-1927
Name: James Fallon
|
Native place: Scotland Year of birth: 15-8-1859 Arrived Ship: Loch Lomond Trade or occupation Religion: R.C. Education, degree of: R & W Height: 5' 5" Weight On committal: 122 Colour of hair: Grey Colour of eyes: Grey |
Marks or special features: Faith hope & charity on right forearm. Eagle & Crucifix left forearm.
No photo available |
|
(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Moree PC Hay PC ditto ditto Hay Q.S |
24 30 13 15 16 |
12 3 7 7 11 |
1915 1925 1926 1926 1926 |
Indecent Behaviour Drunk Drunk Drunk Indecent assault on a male person |
£2 or 14 days H.L. 5/- or Rising of Court 2/6 or Rising of Court 5/- or 24 hours H.L. 2 years H.L. |
1 The Riverine Grazier, Tue 16 Nov 1926, p. 2. Emphasis added.
2 The Riverine Grazier, Fri 19 Nov 1926, p. 2.
3 The Sydney Morning Herald, Thu 14 Apr 1938, p. 8.
“DEATH OF JUDGE BEVAN
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Judge Walter Bevan, who died yesterday at the age of 81 years, was a man essentially retiring and modest. He lived very quietly, his main interests being his profession and his garden.
Judge Bevan, whose parents were English, was born in Paris, and came to Australia about 60 ago. He was associate of Judge Innes and Judge Stephen, and in 1887 was called to the Bar. Subsequently, he was appointed Crown Prosecutor in the north-western districts of the State, and while in this position, which necessitated constant and arduous travel, he laid the foundation of his reputation for impartiality and courtesy. During 1910 and 1911 Judge Bevan was Solicitor-General to New South Wales, and in 1914 he was appointed a Judge of the District Court. A few years later, he was appointed an Acting Supreme Court Judge. As a Royal Commission he inquired into the land system at Lord Howe Island, and the scheme which he recommended is still in use. Judge Bevan was very interested in racial hygiene and prison reform.
Judge Bevan is survived by Mrs Bevan, three sons—Owen, Henry, and William—and three daughters—Mrs Max Ryrie (Canberra). Mrs RC Cox (Cooma), and Miss Hilary Bevan,, of Hunter’s Hill. The funeral will All Saints’ Church, Ferry Street, Hunter’s Hill, at 3 pm to-day, for the Northern Suburbs Crematorium.”
4 In 1926 the South-Western district included the following towns: Albury, Broken Hill, Cootamundra, Deniliquin, Goulburn Gundagai, Hay, Narrandera, Wyalong, Wagga Wagga, Yass.
5 Truth, (Syd, NSW), Sun 21 Nov 1926, p. 18. Emphasis in original.
6 SRNSW: NRS2327, [3/5991], Maitland Gaol photographic description book, 1875-1930, No. 1991, p. 220, R5132.