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The Yass Courier and General Advertiser, Thu 29 Jan 1925 1

LOCAL and GENERAL.
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    Yass Quarter Sessions will open to-morrow (Friday) before His Honor Judge Bevan. Capt Storkey, VC, will be Crown Prosecutor. The following cases will be heard:—John Mellor and Charles [William] Vear, for abominable offence; Joseph Burns (from Binalong), indecent assault; William Thornber, forgery and uttering (two cases). At the District Court there will be two local cases and a remitted action from the Supreme Court.

    The Municipal Council has now a good offer to light Yass by electricity, and the arguments in favor, as given at the Council meeting on Tuesday night, are conclusive. One speaker said that repairs that would be imperative at the gasworks shortly would cost more than the proposed electric light scheme, also that the repairs and additions at the gasworks would not be necessary if there was electric light for lighting and the gas was used only for power. The Town Clerk said that if electric light could be secured under the conditions stated Yass would be the only town to get it without a special rate. It is probable that the electric light will come.

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The Yass Courier and General Advertiser, Mon 2 Feb 1925 2

YASS QUARTER SESSIONS.
————
January 30.—
(Before His Honor Judge Bevan).
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    Captain Storkey, VC, was Crown Prosecutor.

————

    John Mellor and Charles [William] Vear were charged with having committed an abominable offence.

    Both of the prisoners pleaded not guilty.

    Mr E Howard (Yass) appeared for the defence.

    Jury—John C Chambers, James McFarlane, William Hay, William T Davis, Ernest Loomes, Charles G Lawrence, Thomas R Cook, John Leslie Davis, Walter Edward Carpenter, John C Duffy, JJ Callaghan.

    The Crown Prosecutor opened the case.

    The offence was alleged to have been committed in a room at an hotel at Oakland[s], near Urana, on November 29th at midnight. One of the accused, John Mellor, was cook at the hotel.

    The other man, Charles Vear, was a farm laborer.

    Denis M Maloney, William John Wright, and Constable [William Alfred] Crapp gave evidence.

    For the defence, Charles Vear, one of the accused, denied his guilt, and said he was drunk when he made an admission to the constable.

    Mr Howard said he would not call Mellor, as he was drunk at the time and remembered nothing.

    References as to the characters of the accused were read from former employees [sic]. These stated that they were industrious and trustworthy men.

    Mr Howard addressed the jury, and was followed by the Crown Prosecutor.

    His Honor summed up at some length.

    The jury after a brief retirement brought in a verdict of guilty.

    His Honor, addressing the prisoners, said it seemed to him that they were in the habit of committing this offence, and it was in the public interests that young boys should be protected against such practices. If he (His Honor) had the power he would send them both to an asylum for a period sufficiently long to cure them of what was a disease. They were both sexual perverts of the grossest kind. The sentence upon each of them was to be kept in penal servitude for a term of 5 years.

    His Honor also said that if immigrants were to be admitted to Australia in large numbers there should be some test as to their mentality for one thing and their code of morality for another, and a man convicted of an offence like this should be deported. He thought there should be some means of preventing this country being flooded with persons of low mentality, and who were physical or mental weaklings. If Australia—now peopled with a race of high intelligence—was to be over-run by immigrants of low origin the colored races might as well be admitted. This was a matter of great concern, and he could wish that it was receiving due attention.

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The Sydney Morning Herald, Tue 3 Feb 1925 3

UNDESIRABLES.
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EXCLUDING WEAKLINGS.
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JUDGE’S COMMENTS.
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Yass. Monday.

    In sentencing John Miller [sic] and Charles Vear to five years’ penal servitude for a serious offence committed at Oakland[s], Judge Bevan said that if immigrants were to be admitted to Australia in large numbers there should be some test as to their mentality for one thing, and their code of morality for another; and a man convicted of an offence like this should be deported. His Honor said that he thought there should be some means of preventing this country from being flooded with persons who were of low mentality, and who were physical or mental weaklings. If Australia, now peopled with a race of high intelligence, was to be over-run by immigrants of low origin, the coloured races might as well be admitted.

    This was a matter of great concern, and he could wish that it was receiving due attention.

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John Mellor, Gaol photo sheet 4

SRNSW: NRS2232, [3/5982], Goulburn Gaol photographic description book, 25 Jul 1922-30 Mar 1928, No. 3224, p. 146, R5123.


Gaol Photo Sheet - 
Transcribed Details

No. 3224
Goulburn

Date when Portrait was taken: 25-2-1925

Name: John Mellor

Native Place England

Year of Birth 16-7-1880

Arrived in State Ship
                       }   Year

Trade or occupation
previous to conviction  } Cook

Religion C of E

Education, degree of R & W

Height, without shoes 5' 5"

Weight in lbs.   On committal
                     }   On discharge

Colour of hair Brown to grey

Colour of eyes Grey

Marks or special features:

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Yass Q.S

30

1

1925

Aiding and abetting the crime of buggery

5 years PS


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Charles William Vear, Gaol photo sheet 5

SRNSW: NRS2232, [3/5982], Goulburn Gaol photographic description book, 25 Jul 1922-30 Mar 1928, No. 3225, p. 147, R5123.


Gaol Photo Sheet - 
Transcribed Details

No. 3225
Goulburn

Date when Portrait was taken: 25-2-1925

Name: Charles William Vear

Native Place England

Year of Birth 21-3-1898

Arrived in State Ship
                       }   Year

Trade or occupation
previous to conviction  } Labourer

Religion C of E

Education, degree of R & W

Height, without shoes 5' 2"

Weight in lbs.   On committal
                     }   On discharge

Colour of hair Black

Colour of eyes Black

Marks or special features:

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Yass Q.S

30

1

1925

Buggery

5 years PS

 


1     The Yass Courier and General Advertiser, Thu 29 Jan 1925, p. 5. Emphasis added.

2     The Yass Courier and General Advertiser, Mon 2 Feb 1925, p. 4. Emphasis added.

3     The Sydney Morning Herald, Tue 3 Feb 1925, p. 9.

4     SRNSW: NRS2232, [3/5982], Goulburn Gaol photographic description book, 25 Jul 1922-30 Mar 1928, No. 3224, p. 146, R5123.

5     SRNSW: NRS2232, [3/5982], Goulburn Gaol photographic description book, 25 Jul 1922-30 Mar 1928, No. 3225, p. 147, R5123.