The Sun, Wed 15 Feb 1939 1
TEACHER IS FOUND GUILTY
————
James Sydney Tyson (29), schoolteacher, was convicted by a jury at the Parramatta Quarter Sessions today on a charge of indecently assaulting a pupil in his class at the Berala Public School.
A 10-year-old schoolboy told the Court that Tyson in December last was in charge of the fourth class at the Berala school. There were more than 40 boys in the class. He described repeated acts of assault by Tyson while he was standing beside the latter’s chair in the classroom. His evidence was corroborated by other pupils.
“What I have done was by way of an affectionate caress,” accused said in a statement tendered by the police.
From the dock, Tyson protested his innocence. He said that the boys’ stories were a fabrication.
He was remanded by Acting-Judge Herron until to-morrow for sentence.
Crown prosecutor, Mr Bruxner (by Mr Gordon Champion, Deputy Clerk of the Pence; Mr CE Martin (by D Lynton, Williams, Ellis, and Co.) for Tyson.
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Daily News, Thu 16 Feb 1939 2
TEACHER FOUND
GUILTY
James Sydney Tyson, 29, schoolteacher, was convicted at Parramatta Quarter Sessions yesterday of having indecently assaulted a 10-year-old pupil at Berala public school.
Four pupils told Acting Judge Herron of alleged acts of indecency and the Crown tendered a statement signed by Tyson, in which he admitted having “affectionately caressed” the boys.
Tyson was remanded until to-day for sentence.
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Liverpool News, Thu 16 Feb 1939 3
SCHOOLTEACHER FOUND GUILTY.
At Parramatta Quarter Sessions on Wednesday, James Sydney Tyson, 29, schoolteacher, pleaded not guilty to a charge of indecent assault upon a schoolboy at Berala Public School. In a statement from the dock, he said that if the alleged offence had been committed it would have been in full view of the teacher in an adjoining class-room.
The jury returned a verdict of guilty, and Tyson was remanded for sentence.
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The Newcastle Sun, Thu 16 Feb 1939 4
SCHOOL TEACHER’S
SENTENCE
WAS SUSPENDED
————
Sydney. Thursday.
At Parramatta Quarter Sessions today James Sydney Tyson, 29, schoolteacher, was called up for sentence.
A jury yesterday convicted Tyson of having indecently assaulted a boy in his class at the Berala Public School.
Rev RC Barlow, of the Methodist Church, Granville, said that Tyson was a lay preacher of the Church, and had a big influence over refractory boys. He had formed a Bible class at Regent’s Park for boys, and also a branch of the Order of Knights.
He was sentenced to nine months’ hard labor, suspended on a bond of £100 for two years.
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The Sydney Morning Herald, Thu 16 Feb 1939 5
PARRAMATTA QUARTER
SESSIONS.
(Before Acting Judge LJ Herron.)
Mr JM Bruxner, Crown Prosecutor.
SCHOOLTEACHER FOUND GUILTY.
James Sydney Tyson, 29, schoolteacher, pleaded not guilty to a charge of indecent assault upon a schoolboy at Berala Public school. In a statement from the dock, he said that if the alleged offence had been committed it would have been in full view of the teacher in an adjoining class-room.
The jury returned a verdict of guilty, and Tyson was remanded until to-day for sentence.
Mr CE Martin (instructed by Messrs D Lynton, Williams, Ellis, and Co.) appeared for accused.
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The Sun, Thu 16 Feb 1939 6
ASSAULTED PUPIL
————
Teacher Bound Over
Convicted yesterday for having indecently assaulted a boy in his class at the Berala public school, James Sydney Tyson, 29, schoolteacher, was to-day given a suspended sentence of nine months.
Acting Judge Herron ordered him to enter into a £100 bond to be of good behavior for two years. The case was heard at Parramatta Quarter Session.
Evidence of character was called before the sentence was imposed.
“Betrayed Trust”
Roy Thomas Clark, district secretary of the M.U.I.O.O.F., said that Tyson had been a prominent member of the Order since 1936 and had been secretary of the juvenile lodge.
The Rev RC Barlow of the Methodist church, Granville, said that Tyson was a lay preacher of the church and had a big influence over unruly boys. He had formed a Bible class at Regents Park for boys, and also a branch of the Order of Knights.
“I am very loath to send this man to gaol for his first lapse,” said the judge.
“This should be a lesson to him and he should work out his own salvation. He betrayed his trust, but bearing in mind the nature of his acts, I propose to give him a chance.
“A school master is in a peculiar position of trust. He is trusted by parents to protect children. Fortunately, a broken trust by a school-master is a rare thing.”
Other Charges
Later, Tyson was brought into court again, and three further charges alleging indecent assault upon three different boys in Tyson’s class in October last were preferred.
Tyson pleaded guilty.
Acting-Judge Herron bound him over in a bond of £100 to be of good behavior and to come up for sentence if called upon within two years.
Crown prosecutor, Mr Bruxner (by Mr Gordon Champion, Deputy Clerk of the Pence; Mr CE Martin (by D Lynton, Williams, Ellis, and Co.) for Tyson.
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Daily News, Fri 17 Feb 1939 7
TEACHER GUILTY OF
ASSAULTS
Jail could not possibly do his client any good, and would, in fact, do him a lot of harm, Mr CE Martin, barrister, said on behalf of James Sydney Tyson, 28, school teacher, before Acting Judge Herron at Parramatta Quarter Sessions yesterday.
Tyson was convicted of indecent assaults on male pupils at Berala Public School.
He was sentenced to nine months’ Jail but, following Mr Martin’s plea, the sentence was suspended on Tyson entering into a bond of £100 to be of good behavior for two years.
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The Cumberland Argus and Fruitgrowers’ Advocate, Wed 22 Feb 1939 8
BOUND OVER
———◦———
TEACHER IN COURT
———◦———
ASSAULTED PUPIL
————
“Though he betrayed his trust—for parents have to trust a schoolmaster to protect their children—I am loath to send this man to gaol for his first lapse. The nature of his acts was less serious than it is in many of these cases, and I propose to give him a chance. This should be a 1esson to him, and maybe he will work out his own salvation in the community.
Acting Judge Herron at the Parramatta Quarter Sessions last Thursday, was referring to James Sydney Tyson, a school teacher, who appeared for sentence, having been convicted of having indecently assaulted a boy in his class at the Berala public school.
Evidence of character on Tyson’s behalf was given Roy Thomas Clark, district secretary of the M.U.O.O.I.F., and Rev RC Barlow of the Methodist Church, Granville.
A sentence, of nine months was suspended, and Tyson was bound over to be of good behaviour for two years.
Later, he pleaded guilty to three further charges of similar nature, and on these he was bound over to come up for sentence if called on within two years.
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The Sydney Morning Herald, Sat 29 Apr 1939 9
SUPREME COURT.
————
FULL COURT
(Before the Chief Justice, Sir Frederick
Jordan, Mr Justice Maxwell, and
Mr Justice Nicholas.)
SENTENCE CONFIRMED.
Rex v Tyson.
The Court unanimously dismissed an appeal by the Crown, from sentences passed by Acting-Judge Herron at the Parramatta Quarter Sessions on James Sydney Tyson, 29 school-teacher.
After Tyson had been convicted of an indecent assault on a boy, the trial Judge sentenced him to nine months’ imprisonment, but suspended sentence under the First Offenders’ Act. On each of three similar charges to which Tyson pleaded guilty immediately after conviction Tyson was bound over to come up for sentence if called upon.
Acting-Judge Herron reported to the Court of Criminal Appeal that he was satisfied that no serious assault had been attempted. He formed the opinion that Tyson was essentially a decent young man. He was somewhat weak in resistance to temptation. His Honor was satisfied that the disclosure, the trial, and conviction would be sufficient punishment.
In the judgment of the Court of Criminal Appeal the Chief Justice said the Court would not be justified in interfering with the sentence. The offence was undoubtedly serious, and it was more serious because Tyson was a teacher of the boys. There was nothing to suggest that the trial Judge had proceeded on any wrong principle or that the leniency he showed was not justified in the circumstances which surrounded the case.
The Chief Justice added he was unable to see how imprisonment in this case would have done any good to the accused or to the community.
Mr Barwiek and Mr CE Martin (instructed by Mr KW Ellis) appeared for Tyson; and Mr Weigall, KC, and Mr Lacey (clerk of the peace) for the Crown.
1 The Sun, (Sydney, NSW), Wed 15 Feb 1939, p. 3.
2 Daily News (Sydney, NSW), Thu 16 Feb 1939, p. 5.
3 Liverpool News (NSW), Thu 16 Feb 1939, p. 3.
4 The Newcastle Sun, (NSW), Thu 16 Feb 1939, p. 9. Emphasis added.
5 The Sydney Morning Herald, (NSW), Thu 16 Feb 1939, p. 7.
6 The Sun, (Sydney, NSW), Thu 16 Feb 1939, p. 3. Emphasis in original text and added.
7 Daily News (Sydney, NSW), Fri 17 Feb 1939, p. 2.
8 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Wed 22 Feb 1939, p. 4. Emphasis added.
9 The Sydney Morning Herald, (NSW), Sat 29 Apr 1939, p. 4.