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1914, James William Coutts Harband - Unfit For Publication
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Below also see: William James Harband, 1922,
Charles John Whitehall, 1933,
James William Coutts Harband, 1936

 

The Sydney Morning Herald, Thu 5 Mar 1914 1

LAW NOTICES.
———◦———
Thursday, March 5.

QUARTER SESSIONS.

    Walter Woods, perjury; Arthur Buchanan, stealing; Herbert Perl, perjury; John Jack Phillip Wadley and James William Coutts Harband, breaking, entering, and stealing.

    The following appeals against orders and convictions by magistrates will be heard at No. 2 Court, Darlinghurst:—William Jacob Roy, maintenance; William John Jones, preliminary expenses; James Davies, embezzlement.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 7 Mar 1914 2

QUARTER SESSIONS.
(Before Judge Docker and juries.)

    Mr Herbert Harris, Crown Prosecutor.

YOUTHS SENTENCED.

    James Champion, 16, George William Homer, 17, James William Coutts Harband, 18, and John Jack Phillip Wadley, 18, who had pleaded guilty to a number of charges of breaking and entering shops and stealing therein, at Newtown, were ordered to be imprisoned, with hard labour, in Goulburn Gaol, for 12 months, but Wadley’s sentence was suspended under the first offenders’ provisions of the Crimes Act, and he was released on entering into sureties to be of good behaviour for 12 months.

~ ~ ~ ~ ~


James William Coutts Harband, Gaol photo sheet
 3

SRNSW: NRS2138, [3/6085], Darlinghurst Gaol photographic description book, 1913-1914, No. 13524, p. 73, R5117.


Gaol Photo Sheet - 
Transcribed Details

No. 13524

Date when Portrait was taken: 6-3-1914

Name: James William Coutts Harband

Native place: Kiama

Year of birth: 23-6-1895

Arrived       Ship:
in Colony }   Year: BS

Trade or occupation
previous to conviction  } Laborer

Religion: C of E

Education, degree of: R and W

Height: 5' 4⅜"

Weight     On committal: 132
in lbs     } On discharge:

Colour of hair: Brown

Colour of eyes: Brown

Marks or special features: Large round scar on outside right calf

(No. of previous Portrait ... ) 

CONVICTIONS

Convicted with John Jack Phillip Wadley, James Champion and George William Homer

Where and When

Offence.

Sentence

Children’s Court

Sydney Q.S

30

  6

9

3

1908

1914

Uncontrollable child

Break and enter a shop and
steal therein (2 charges)

Committed to NSS Sobraon

12 months HL on each charge
Concurrent

 



William James Harband
, 1922


    [No newspaper coverage of 24 Mar 1922 police court trial could be found].

 

William James Harband, Gaol photo sheet 4

 5  SRNSW: NRS2467, [3/6107], State Penitentiary photographic description book, 8 Feb 1922-5 Sep 1922, No. 18478, p. 115.


Gaol Photo Sheet - 
Transcribed Details

No. 18478

Date when Portrait was taken: 25-3-1922

Name: William James Harband
(aka James William Coutts Harband)

Native place: Kiama

Year of birth: 23-6-1895

Arrived       Ship:
in Colony }   Year: BS

Trade or occupation
previous to conviction  } Laborer

Religion: C of E

Education, degree of: R & W

Height: 5' 5¼"

Weight     On committal: 132
in lbs     } On discharge:

Colour of hair: Light brown

Colour of eyes: Brown

Marks or special features: Scars outside both knees

(No. of previous Portrait .. 13524)

CONVICTIONS

Where and When

Offence.

Sentence

Central PC

Central PC
ditto

24

15
15

  3

10
10

1922

1923
1923

Wilfully and obscenely expose his person

Riotous
Indecent language

6 months HL.

£2-3-6 or 1 month HL
£2-13-6 or 1 month HL
Concurrent

And 2 previous convictions for which see Photo No. as above

 



Charles John Whitehall
, 1933


The Sydney Morning Herald, Wed 14 Jun 1933
5

TWO MEN SHOT
———◦———
IN STREET AT KOGARAH.
———
DISPUTE OVER FURNITURE.
———

    Two men were shot in Kogarah yesterday afternoon while taking possession of furniture over which a city firm had a bill of sale.

    Neither of the men was badly hurt, but they suffered severely at St George Hospital, where Dr McGarrity removed shotgun pellets from under their skin.

    Detective-sergeants Langworthy and Hale and Detective Hardy, who investigated the matter, were told that representatives of J Harband and Company, financial agents, of Park-street, city, had interviewed a house holder in Cross-street, Kogarah, in connection with a bill of sale which they held over his furniture. The parties did not agree, and they parted about 1 o’clock. The householder went to Kogarah Police Court to seek advice.

    He returned home about 4 o’clock and saw that his furniture had been loaded on a motor lorry by William James Harband and Harry McKeon, employers of Harband and Company. A third man was in the driver’s seat. As soon as he saw the householder, he started the motor lorry. The vehicle was soon travelling fast, with Harband and McKeon running behind it.

    McKeon jumped on the back of the lorry and climbed aboard. He turned to assist Harband. By this time the lorry had travelled about 100 yards. It is alleged that the house holder ran after the lorry and fired two shots.

    McKeon received a number of pellets in his right arm. Harband suffered more severely. Many pellets entered his back and left arm. The lorry did not stop, and McKeon dragged Harband to safety. The driver hurried to Kogarah Police Station.

    Police subsequently arrested a man and preferred two charges of malicious wounding against him.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 12 Jul 1933 6

POLICE COURTS.
———◦———
ALLEGED MALICIOUS WOUNDING.

    Charles John Whitehall, 50, plumber, was committed for trial from the Kogarah Police Court yesterday on charges of having maliciously wounded William James Harband and Henry McKeon at Kogarah on June 13. Defendant pleaded not guilty, and reserved his defence.

    William James Harband, a repossessing agent, said he saw the defendant, and told him he had to come to take possession of furniture under a bill of sale. Defendant said, “Goldstein can go to —; I will shoot him if he takes it.” Witness said, “Don’t be silly; we will have to take it.” Witness waited five hours to see if defendant could raise some money on the furniture, and then started to move it. After it was on the lorry he saw defendant coming down the street with a gun in his hand. Witness was about to put his foot on the running-board of the lorry when he heard the report of a gun and felt something strike him in a leg, and after the lorry had gone about 100 yards there was a second report and something struck him in the arm. Later at the hospital, five or six pellets were taken from 15 wounds on his body—11 on the lower part of the body and four in the right arm. Two pellets were still there.

    To Mr Yeldham, who appeared for defendant, witness said he did not have an order from the Moratorium Court to repossess the furniture; he was ordered by a bill of sale to do it, and someone had told him that he was doing an illegal act. It was while defendant was absent that the furniture was put on the lorry.

    Henry McKeon said when he saw defendant coming down the street he got on the wagon and started the engine. Two shots were fired, and after the second report he felt a pain in his left arm, and later four pellets were removed from his arm. His hand was still a bit swollen, and there was a pellet in his hand.

    Detective-sergeant Gee said defendant told the police that he grabbed a gun and three cartridges and fired two shots at men who were removing his furniture, but missed both times. Witness said, “You didn’t miss. You wounded two of the men.” Defendant replied, “Well, if I did I am sorry, because they were only working men doing their job.”

~ ~ ~ ~ ~

Truth, Sun 16 Jul 1933 7

TWO WOUNDED BY PELLETS
SHOT AT BAILIFF,
SAY POLICE
———◦———
KOGARAH PLUMBER FOR TRIAL
————
“FIRED AT BACK TYRE,” RAN
ALLEGED STATEMENT

       That he attempted to hold his furniture against a bailiff with the aid of a gun …

    KOGARAH plumber Charles John Whitehall was the man who so behaved alleged police at the local courthouse last week when Whitehall was committed for trial on two charges of malicious wounding.

       The plumber is alleged to have shot Wm James Harband and one of his assistants, Henry McKeon. These men, it was stated, were taken to hospital where a number of pellets were removed from each.

    Whitehall reserved his defence, but his solicitor, Mr John H Yeldham, indicated that his client’s explanation was that the happening was an accident, while he also maintained that the bailiff and his men illegally repossessed the goods.

    All round, a strange story was related to Magistrate Stevenson, and as the matter had caused widespread interest throughout Kogarah, where the defendant is a well-known resident, it was little wonder the tiny court was packed to hear the preliminary round of a fight that will end at the Quarter Sessions.

Charles john Whitehall, left, and Detective Donald Gee, right. Source: Truth, (Syd, NSW), Sun 16 Jul 1933, p.22. Reproduction: Peter de Waal
Charles john Whitehall, left, and Detective Donald Gee, right. Source:
Truth, (Syd, NSW), Sun 16 Jul 1933, p.22. Reproduction: Peter de Waal

    Detective Donald Gee gave the police version. He said that, with other officers, he went to Cross-street, Kogarah, about 4.30 on the afternoon of June 13.

       He saw Whitehall and heard defendant tell Detective-Sergeant Langworthy that some men had taken away the furniture, although he had been to see the Chamber Magistrate.

    That gentleman, according to what Whitehall told the police, said defendant was a fool if he allowed the men to take away the goods as possession was nine points of the law.

    Whitehall, continued Gee, said he went to his home in President-avenue, saw a gun and some cartridges, grabbed them and returned to Cross-street.

    “The men were just going away when I returned,” defendant allegedly went on, “and I fired a shot at their tyres and missed. I had another shot, but missed again.”

    Then, said Gee, the sergeant informed Whitehall that he had wounded two of the men and the defendant expressed sorrow.

“IF I DID, I AM SORRY, BECAUSE THEY ARE ONLY DOING THEIR JOB,” WERE THE ACTUAL WORDS ACCORDING TO THE WITNESS.

    Gee said that he then asked a Mrs Mulvy where the gun was, and she said, “I took it from the lunatic and put it away.” Later the weapon was handed to witness, who produced it in court together with a cartridge and two envelopes containing pellets.

    “I then went inside and thought what a rotten shot I was,” was defendant’s observation after that, added the detective.

    Whitehall was taken to the police station, said Gee, and shown marks on the lorry used by the bailiff, and some on the furniture.

    One of the articles was a mattress that was seven feet from the ground in witness’s estimation, but Whitehall maintained that they were not direct hits.

    “The shot must have richocheted [sic] to scatter like that,” he declared, but the detective differed, and said that in his opinion the marks were the result of direct shots.

    Whitehall subsequently made a statement, and this, produced by Gee, ran:—

    “About 4 pm on June 13 I saw the chamber magistrate and told him some furniture was being removed under a bill of sale. After I had explained to the magistrate, he told me the men were not within their rights, and that once they got possession it would be hard to get the furniture from them. I went to President-avenue, picked up the gun and three cartridges.

    “I returned to Cross-street with the idea of puncturing one of their tyres if they refused to put the furniture back, but when I was within 150 yards they started the lorry without waiting for me to have an explanation.

    “Whilst running I fired at the back tyre, and when I saw that I had not punctured the tyre, I fired again at the same tyre. I must have hit the road for the shot to get so high upon the furniture.

       “I then went inside and thought what a rotten shot I was. About 20 minutes later the police informed me I had wounded one of the men. I was rather astounded, and it took some believing. It never entered my head to injure any of the men, and I am sorry for the unfortunate occurrence.”

    To Mr Yeldham, the detective admitted that defendant had seen the magistrate, that he was a man of good character, and that he had never been in trouble before. Harband was the bailiff in charge.

    William James Harband followed and said he was a repossessing agent living at Franklin-street, Glebe. With three others he arrived at Cross-street about 10.30 am on June 13, and told defendant they had come for the furniture under a bill of sale.

“GOLDSTEIN CAN GO TO —–,” WAS WHITEHALL’S ALLEGED REPLY WHEN TOLD THAT NEWS, AND HE ADDED, “I’LL SHOOT HIM IF HE TAKES IT.”

    Witness told how he tried to point out to defendant not to be foolish about the matter, and a little later Whitehall asked him to give him time to get the money owing.

    Harband agreed to wait, but after five hours went by he commenced removal operations.

    That had been completed, and the lorry was stationary when witness saw Whitehall coming down the street. Walking round the left side of the vehicle, Harband described how he felt something strike him in the leg, following the report from a gun.

    He ran in front of the lorry, which began to move, and continued that way for 100 yards, the lorry taking a zig-zag route to cover him. Then the vehicle slowed down and a second report followed, and he felt something strike his arm.

    However, Harband did not see the defendant the second time. Later a doctor extracted five or six pellets, and these were handed to the police.

Mr JH Yeldham. Source: Truth, (Syd, NSW), Sun 16 Jul 1933, p. 22. Reproduction: Peter de Waal
Mr JH Yeldham. Source: Truth, (Syd, NSW), Sun
16 Jul 1933, p. 22. Reproduction: Peter de Waal

    Mr Yeldham. You knew you were committing an illegal act?—No.

    You had no Moratorium Court order?—No.

    You were told you were doing an illegal act by a solicitor?—Yes.

    Yet you went on?—Yes.

    It was during Harband’s evidence that Mr Yeldham said: “We say that an illegal act was committed, and that the shooting was an accident.”

    Henry McKeon told of feeling a pain in his hand after the report of a gun. At the time the lorry had slowed down, and he was aiding Harband to get in, but he, too, added that he did not see defendant, while he declared Whitehall was 40 or 50 yards away when he first saw him.

    To police prosecutor Young, McKeon said he had six wounds in his left arm, and that three pellets had been extracted. There was a scar on his hand, but he had not suffered any ill effects.

    The Crown proposed to call the other members of Harband’s, Keith Thomas Smith and Clarence Levy, but the magistrate, Mr Stevenson, suggested that they could only corroborate Hardand [sic] and McKeon, and that would not carry the case any further.

    He then committed Whitehall for trial, and allowed £20 bail.


SUFFERED DREADFULLY
8


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 ~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 25 Aug 1933 9

QUARTER SESSIONS.
(Before Judge Curlewis.)
Crown Prosecutor, Mr BV Stacey (instructed
by Mr Roy V Edwards.)

PLUMBER ACQUITTED.

    Charles John Whitehall, 50, plumber, was charged that, at Kogarah, on June 13, he maliciously wounded William James Harband and Henry McKeon.

    It was alleged by the Crown that Whitehall’s furniture was being repossessed under a bill of sale. Accused got excited, armed himself with a shotgun, and fired several shots, wounding Harband and McKeon. In a statement to the police, Whitehall said a magistrate had told him that the men were not within their rights in taking the furniture, and if they took it it would be difficult to get it back. Accused said he fired at the back tyre of a motor lorry, and must have hit the road. Accused did not think he had hit anyone.

    [William James] Harband gave evidence that accused left, saying he would get the money. Harband waited five hours before the furniture was taken.

    The jury returned a verdict of not guilty. Whitehall was discharged.

    Mr TP MacMahon (instructed by Mr J Yeldham) appeared for Whitehall.

 



James William Coutts Harband
, 1936


Newcastle Morning Herald and Miners’ Advocate, Fri 17 Jan 1936
10

BAILIFF FINED
————
THREATENING WORDS USED
————
REVOLVER PRODUCED
————

Sydney, Thursday.

    James Harband, 36, a bailiff, was fined £5 on each of two charges of having used threatening words to Basil Moorehouse and Racheal [sic] Moorehouse at their home in Glenmore-road, Randwick, on January 15.

    Mr Williams, SM, who heard the case, also ordered Harband to enter into a recognisance for 12 months, with 40 days’ imprisonment in default.

    Evidence was given that Harband went to the Moorhouse home to take possession of it, and after looking [sic] himself in a room into which Mrs Moorehouse forced her way, he threatened her and her husband with a revolver.

    Sergeant Russell said that when he went to the house he saw Harband pointing the pistol at Mrs Moorehouse. There was a bullet in the breech when he took possession of the pistol.

    The sergeant added that on the way to the police station Harband told him that he produced the revolver to shoot a dog. Later, he said, he had been threatened with a rake.

    Harband gave evidence that the mortgagees went into possession. Moorehouse was ejected, and he sought to re-enter the premises.

    The solicitor for the defendant said that Harband, as a servant of a common carrier, had a right to possess a pistol without a licence. He submitted that Harband was doing his duty as a common carrier. The revolver had not been used until the mortgagor sought to gain entry after he had been expelled.

    “On the police evidence,” said Mr Williams, “it seems a matter of pure luck that Harband is not appearing before the Coroner’s Court.”

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 17 Jan 1936 11

BAILIFF FINED.
———◦———
THREATENING WORDS USED
————
MAGISTRATE’S COMMENTS.

    At the Central Police Court yesterday, it was alleged that a bailiff had locked himself in a house, and had threatened the wife of one of the mortgagors with a pistol, saying, “Stand back or I’ll shoot.”

    After hearing the evidence, the magistrate commented that if the possession of goods was to be obtained under the muzzles of loaded pistols, and other parties were to be threatened with death, something would have to be done.

    For the defence, it was stated that the allegation was not borne out by the evidence.

    On charges of having used threatening words to Basil Henry Moorhouse and Rachel Moorhouse on January 15, James William Coutts Harband, 36, bailiff, was fined £10. He was also bound over to be of good behaviour for 12 months. In fining Harband, the magistrate (Mr Williams, SM) said that he regarded this as a most serious offence.

    Basil Henry Moorhouse, a motor mechanic, of Glenmore-road, Randwick, said that Harband was acting as a bailiff, and had locked himself in a house. Moorhouse’s wife had forced open the door, and Harband had produced a pistol, retreated up the stairs, and said, “Stand back or I’ll shoot.” Witness said that he was one of two mortgagors under a bill of sale. He had been ejected. The mortgagee did not go into possession.

    Sergeant Russell said that he had seen Harband in an excited state, pointing the pistol at a woman. The weapon had a bullet in the breach.

~ ~ ~ ~ ~

Truth, Sun 19 Jan 1936 12

BAILIFF WITH
A GUN
———◦———
MAGISTRATE’S STEM
REBUKE

       “If the possession of goods is to be obtained under the muzzles of loaded pistols, and other parties are threatened with death, something will have to be done,” said Mr Williams, SM, at the Central Police Court last week when a bailiff got into very “hot water”.

    James William Coutts Harband, 36, bailiff, was charged with having threatened Basil Henry Moorhouse [sic] and Rachael Moorhouse with the words “Stand back, or I’ll shoot”, and “If you come any further, I will shoot”.

    He was fined £5 or 10 days’ gaol, and was ordered to enter into a recognisance in £20 to be of good behavior for 12 months.

    Moorhouse, a motor mechanic, living in Glenmore-road, Randwick, said Harband was acting as bailiff and locked himself in the premises. When witness’s wife forced the door, Harband produced a pistol and inserted a magazine.

“STAND BACK.”

        “He retreated up the stairs,” continued Moorhouse, “I pushed my wife aside, and he said to me, “That is the — I will give the bullet to. Stand back, or I will shoot.”

    Moorhouse explained that he was one of two mortgagors under a bill of sale. There was no default, he maintained, but he was ejected. The mortgagee did not go into possession and he tried to get back. The gun was then produced.

    Sergeant Russell said there was a bullet in the breach when he got possession of Harband’s gun.

    When it was revealed by the police prosecutor, Constable Allan, that Harband had a “record”, the magistrate said, “I an surprised that Harband has a pistol licence.”

    In giving his decision, Mr Williams said, “I must have regard to the fact that when the police came there the pistol was held cocked and loaded, and he was pointing the pistol upwards to the woman with a trembling hand.

      “The evidence of the sergeant is that it was a matter of pure luck that Harband is not at the Coroner’s Court!” concluded Mr Williams.

 


1     The Sydney Morning Herald, Thu 5 Mar 1914, p. 7. Emphasis added.

2     The Sydney Morning Herald, Sat 7 Mar 1914, p. 9.

3     SRNSW: NRS2138, [3/6085], Darlinghurst Gaol photographic description book, 1913-1914, No. 13524, p. 73, R5117.

4     SRNSW: NRS2467, [3/6107], State Penitentiary photographic description book, 8 Feb 1922-5 Sep 1922, No. 18478, p. 115.

5     The Sydney Morning Herald, Wed 14 Jun 1933, p. 13. Emphasis added.

6     The Sydney Morning Herald, Wed 12 Jul 1933, p. 9. Emphasis added.

7     Truth, (Syd, NSW), Sun 16 Jul 1933, p. 22. Emphasis in original article and added.

8     The following advertisement was found directly at the end of the article in the Truth above. Inserted as a means of little comic relieve.

9     The Sydney Morning Herald, Fri 25 Aug 1933, p. 6.

10   Newcastle Morning Herald and Miners’ Advocate, Fri 17 Jan 1936, p. 12.

11   The Sydney Morning Herald, Fri 17 Jan 1936, p. 5. Emphasis added.

12   Truth, (Syd, NSW), Sun 19 Jan 1936, p. 21. Emphasis in original article and added.