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1938, Allen Sylvester Ware - Unfit For Publication
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Allan Sylvester Ware and George Henry Stace, 1929

Below also see: Allen Sylvester Ware, 1938 – Bestiality
Allen Sylvester Ware, 1942,
Allen Sylvester Ware, 1945,
Allen Sylvester Ware, 1948

 

The Northern Champion, Wed 10 Apr 1929 1

TAREE POLICE COURT
————
Tuesday, April 9th.
Before Mr CW Naylor, JP.
————
ALLEGED STEALING OF MOTOR
ACCESSORIES

————

    Allan Sylvester Ware and Geo Henry Stace, both aged 20, were charged with stealing three motor tyres and two inner tubes, the property of Joseph O’Leary, at Taree Estate, on April 4th.

    On the application of the Police the accused were remanded until April 15. Bail was allowed in each case at £20 in self, with one surety of £20.

~ ~ ~ ~ ~

The Manning River Times and Advocate for the Northern Coast District of NSW, Sat 13 Apr 1929 2

POLICE COURT.
————
TAREE, Tuesday, April 9.
————
(Before Mr CW Naylor, JP.)

ALLEGED STEALING.

    Alan [sic] Sylvester Ware and George Henry Stace, both aged 20, were charged with having, it was alleged, stolen on April 4 at Taree Estate three motor tyres and two inner tubes to the value of £10, the property of Joseph O’Leary. On the application of the police they were remanded till April 15. Ball was allowed, self in £20 and one surety of £20.

~ ~ ~ ~ ~

The Northern Champion, Sat 20 Apr 1929 3

TAREE POLICE COURT
————
Monday, 15th April.
————
Before Mr FF Potts, PM.
————
ALLEGED STEALING
————

    Charles [sic] Henry Stacc (20) and Allan Sylvester Ware (20) were severally charged with stealing 3 motor tyres and two tubes at Taree Estate on 4th April

    Both pleaded nor guilty and both cases were heard together.

    Harold Wrigley, garage proprietor, of Taree, said that on 19th February he sold a tyre and tube to Joseph O’Leary. He recognised the brand

    Joseph O’Leary, baker, of Albert street, Taree, said he left a lorry on the Taree-Tinonee road about the end of March and on the evening of 4th April 3 tyres, 2 tubes and a battery were taken from it. The tubes and tyre in court were on the lorry

    By Mr Martin: I bought the lorry from Geary, the carrier. It is a common Ford tyre, and I have no positive mark on it. The lorry was left on the road after the flood.

    Constable Williams gave evidence that on 8th April he and Constable Bourke searched Ware’s home by virtue of a search warrant. Both defendants were present. Constable Bourke found a tyre and two tubes. In reply to Bourke, the two defendants said they went to a dance at Tinonee on the night the accessories were stolen. Further questioned by Bourke, Ware said they went as far as the punt and turned back. He said they stopped the lorry near Sawyer’s for a drink of pinkie. Ware said, “We had a couple of shielas with us.” Each of the defendants said he knew nothing of the lyre and tubes. Bourke said to Mrs Ware, “Your daughter ran over the road and planted these at Mrs Paff’s place.” Mrs Ware said she never saw the articles before. He then called Ware’s sister, Edna, and asked her if she took the things over to Mrs Paff and she said, “Yes. “I saw them in the front, near the fence, and I knew you were looking for tyres and I thought these might be the ones. I got the wind up and took them over to Mrs Paff’s.” Mrs Ware later said, “That tyre might be the one that was stolen, but I am sure my boys know nothing about it. Somebody has got us snouted and they put those things there just to get the boys into trouble.” He then took the accused to the Police Station and charged them.

Reopening of Taree Courthouse, 14 May 1982. Image: NSW State Library collection. Reproduction: Peter de Waal
Reopening of Taree Courthouse, 14 May 1982.
Image: NSW State Library collection. Reproduction: Peter de Waal

    By Mr Martin: The lorry and some of the tools were brought to the Police Station. No charge has been made in respect lo them. Mrs Ware gave me permission to retain the lorry in the police yard.

    Constable Bourke said that Mrs Paff gave him certain information and he found the tyre and tubes lying at the back of her house. He showed them to Mrs Ware who said it looked like a put-up joke. He told her that the number on the tyre corresponded with the number he was looking for.

    Frederick James Sawyer, laborer, of Tinonee, said he exchanged back tyres for O’Leary.

    Dulcie Ann Paff, of Commerce street, Taree, said on the previous Monday she saw a tyre and two tubes at her back door.

    Ray Murdoch, of Taree Estate, said he saw the lorry on the side of the road. On the night in question a runabout pulled up near O’Leary’s lorry and stayed for about half an hour. The vehicle in the police yard was after the same style as the one that stopped at O’Leary’s lorry. When he passed O’Leary’s vehicle about 20 minutes later three tyres and two tubes had gone.

    By Mr Martin: The runabout was a converted Ford car. There are quite a number of them, about.

    The PM discharged both accused at the completion of the case for the prosecution.

~ ~ ~ ~ ~

The Manning River Times and Advocate for the Northern Coast District of NSW, Wed 24 Apr 1929 4

POLICE COURT.
————
TAREE, April 15, 1929.
————
Before Mr FF Potts, PM.
————

    Allan Sylvester Ware (20) and Charles Henry Stace (20) appeared to answer a charge alleging that on the 4th April, 1929, at Taree Estate, they did Steal, three motor tyres, and two inner tubes to the value of £10, the property of Joseph O’Leary. Mr EO Martin appeared for defendants, and both charges were heard together.

    Harold Wrigley, garage proprietor, gave evidence that he knew O’Leary and sold a tyre and tube to him on 19/2/29. The tyre cost £3 and the tube 16/-. He could recognise the brand but not the number.

    Joseph O’Leary, baker, Taree, said left a motor lorry on the Taree-Tinonee road about the end of March about two miles from Taree. On the evening of the 4th there were three tyres taken from it, two tubes and a hot-slur battery. He bought the tube from Wrigley and Meldrum about two months ago. The tube shown to witness was one of the tubes bought with the motor and the tyre shown to witness was one of the tyres he bought from Wrigley and Meldrum. He thought he paid £2/9/6 for the tyre and 16/- for the tube.

    By Mr Martin: He bought the lorry about last September, from Geary, the carrier. He never saw the name “Geary” on tbe tube until at the police station. He could not identify the red tube from any other tube of the same size and brand. He had no positive mark on the tyre.

    Constable Arthur Thomas Williams, Taree, said on April 8, with Constable Bourke, he interviewed Mr Wrigley at the garage, when Constable Bourke wrote certain numbers in a book. They then went to the home of defendants, in Commerce Street, Taree, and had a conversation with the mother of defendant Ware, and by virtue of a warrant he searched the premises which were occupied by Ware. Both defendants became present. Mrs Ware asked if they knew anything about the stolen goods and they both replied, “No; don’t know anything about them.” At the rear of the premises there was a Ford motor lorry, a large quantity of tubes and some tyres and tubes. Constable Bourke left and returned in about 10 minutes carrying a tyre and two tubes (produced). Defendant Ware’s mother asked when and where were the tyres stolen and witness said: “On Taree Estate road on Thursday night.” Asked where they were that night defendant Ware said, “We went to a dance at Tinonee that night.” Stace said, “Yes, that’s right.” Bourke said, “No, you didn’t; you went to Tinonee punt and turned back.” Ware said, “Yes, that’s right. When we got to the punt we decided not to go to the dance and we turned back.” He also admitted stopping the lorry near Sawyer’s. Ware added that they had some “pinkie” with them and stopped there for a drink. They had a couple of sheilas with them. When Constable Bourke came back he threw the articles on the ground and said, “'Well, what have you to say about it now?” Each defendant said, “I don’t know anything about those.” When Mrs Ware asked where he got them Bourke replied, “Your daughter ran across the road and planted these at Mrs Paff’s place opposite.” From his note book Constable Bourke read out a number which corresponded with the tyres. Each defendant said: “I don’t know anything about them; I never saw them before.” Ware’s sister Edna said she took the things over to Mrs Paff’s place. She said, “I saw them in the front near the fence and I knew you were looking for motor tyres and I thought these might be the ones you were looking for. I got the wind up and I took them over to Mrs Paff’s.” She said they were in the long grass near the vehicle gate and she had not seen them there till that morning. He then had a conversation with Mrs Paff. Mrs Ware said to witness: “That tyre might be one that was stolen, Mr Williams, but I am sure my boys know nothing about it. Somebody has got us snouted and they put those things there just to get the boys into trouble.” She said they were not there before that morning. Witness then conveyed, them to the police station and charged them. He returned and brought away the tubes which he had seen in the morning.

    By Mr Martin: Defendant Ware drove the lorry to the police station. The other tyres were at the police station. No charge had been made in respect to them. Mrs Ware was perfectly open about the whole matter. Mrs Ware said, regarding Stace: “We practically keep him here.”

    Constable John Henry Bourke, Taree, gave corroborative evidence. When he asked defendants to put the lights on they did so. Both were on. He only expected one to go on.

A bit of Tinonee showing sawmills, Mar 1909. Image: NSW State Library collection. Reproduction: Peter de Waal
A bit of Tinonee showing sawmills, Mar 1909.
Image: NSW State Library collection. Reproduction: Peter de Waal

    Frederick James Sawyer, laborer, Tinonee, said he exchanged tyres for Mr O’Leary. He put two new ones on the back wheels. He could recognise the old tube which had the word “Geary” on it in two place.

    Dulcie Ann Paff, married woman, Commerce Street, Taree, said she had lived in Taree for six weeks. She saw a motor car tyre and two tubes at her back door.

    R Murdoch farmer, Taree Estate, said he saw O’Leary’s ’bus on the roadside 100 yards from McPherson’s place. It was there, for about a fortnight. One tyre was off when he first saw it. He again saw all tyres on it. He was at Davis’s place about dark and saw a run-about come along with one light. It was there about half an hour. The lights went out. It pulled up about 100 yards from O’Leary’s car. It stayed a half-hour and then proceeded to Taree. Two men were in the front. It was a rattly turnout. About 20 minutes after he passed O’Leary’s car and noticed three tyres gone and two tubes. No other motor vehicle could have pulled up there without witness seeing it.

    The PM discharged the accused.

~ ~ ~ ~ ~

The Wingham Chronicle and Manning River Observer, Fri 26 Apr 1929 5

TAREE POLICE COURT
———:◦:———
TAREE, April 15, 1929.
————
Before Mr FF Potts, PM.
————

    Allan Sylvester Ware (20) and Charles Henry Stace (20) appeared to answer a charge alleging that on the 4th April, 1929, at Taree Estate, they did steal three motor tyres, and two inner tubes to the value of £10, the property of Joseph O’Leary. Mr EO Martin appeared for defendants, and both charges were heard together.

    Harold Wrigley, garage proprietor, gave evidence that he knew O’Leary and sold a tyre aud tube to him on 19/2/29. The tyre cost £3 and the tube 16/-. He could recognise the brand but not the number.

    Joseph O’Leary, baker, Taree, said he left a motor lorry on the Taree-Tinonee road about the end of March —about two miles from Taree. On the evening of the 4th there were three tyres taken from it, two tubes and a hot-shot battery. He bought the tube from Wrigley and Meldrum about two months ago. The tube shown to witness was one of the tubes bought with the motor and the tyre shown to him was also one of the tyres he bought from Wrigley and Meldrum. He thought he paid £2/9/6 for the tyre and 16/- for the tube.

    By Mr Martin: He bought the lorry about last September, from Geary, the carrier. He never saw the name “Geary” on the tube until at the police station. He could not identify the red tube from any other tube of the same size and brand. He had no positive mark on the tyre.

The punt at Tinonee, Mar 1909. Image: NSW State Library collection. Reproduction: Peter de Waal
The punt at Tinonee, Mar 1909.
Image: NSW State Library collection. Reproduction: Peter de Waal

    Constable Arthur Thomas Williams, Taree, said on April 8, with Constable Bourke, he interviewed Mr Wrigley at the garage, when Constable Bourke wrote certain numbers in a book. They then went to the home of defendants, in Commerce Street, Taree, and had a conversation with the mother of defendant Ware, and by virtue of a warrant he searched the premises which were occupied by Ware. Both defendants became present, Mrs Ware asked if they knew anything about the stolen goods and they both replied, “No; don’t know anything about them.” At the rear of the premises there was a Ford motor lorry, a large quantity of tubes and some tyres and tubes. Constable Bourke left and returned in about 10 minutes carrying a tyre aud two tubes (produced). Defendant Ware’s mother asked when and where were the tyres stolon aud witness said: “On Taree Estate road on Thursday night.” Asked where they were that night defendant Ware said, “We went to a dance at Tinonee that night.” Stace said, “Yes, that’s right.” Bourke said, “No, you didn’t; you went to Tinonee punt and turned bach.” Ware said, “Yes, that’s right. When we got to the punt we decided not to go to the dance and we turned back.” He also admitted stopping the lorry near Sawyer’s. Ware added that they bad some “pinkie” with them and stopped there for a drink. They had a couple of sheilas with them. When Constable Bourke came back he threw the articles on the ground and said, “Well, what have you to say about it now?” Each defendant said, “I don’t know anything about those.” When Mrs Ware asked where he got them Bourke replied. “Your daughter ran across the road and planted these at Mrs Paff’s place opposite.” From his note book Constable Bourke read out a number which corresponded with the tyres. Each defendant said: “I don’t know anything about them; I never saw them before.” Ware’s sister Edna said she took the things over to Mrs Paff’s place. She said, “I saw them in the front, near the fence and I knew you were looking for motor tyres and I thought these might be the ones you were looking for. I got the wind up and I took them over to Mrs Paff’s.” She said they were in the long grass near the vehicle gate and she had not seen them there till that morning. He then had a conversation with Mrs Paff. Mrs Ware said to witness: “That tyre might be one that was stolen, Mr Williams, but I am sure my boys know nothing about it. Somebody has got us snouted and they put those things there just to get the boys into trouble.” She said they were not there before that morning. Witness then conveyed them to the police station and charged them. He returned and brought away the tubes which he had seen in the morning.

    By Mr Martin: Defendant Ware drove the lorry to the police station. The other tyres were at the police station. No charge had been made in respect to them. Mrs Ware was perfectly open about the whole matter. Mrs Ware said, regarding Stace: “We practically keep him here.”

    Constable John Henry Bourke, Taree, gave corroborative evidence. When he asked defendants to put the lights on they did so. Both were on. He only expected one to go on.

    Frederick James Sawyer, laborer, Tinonee, said he exchanged tyres for Mr O’Leary. He put two new ones on the back wheels. He could recognise the old tube which had the word “Geary” on it in two places.

    Dulcie Ann Paff, married woman, Commerce Street, Taree, said she had lived in Targe for six weeks. She saw a motor car tyre and two tubes at her back door.

    R Murdoch, farmer, Taree Estate, said he saw O’Leary’s ’bus on the roadside 100 yards from McPherson’s place. It was there for about a fortnight. One tyre was off when he first saw it. He again saw all tyres on it. He was at Davis’s place about dark and saw a run-about come along with one light. It was there about half an hour. The lights went out. It pulled up about 100 yards from O’Leary’s car. It stayed a half-hour and then proceeded to Taree. Two men were in the front. It was a rattly turnout. About 20 minutes after he passed O’Leary’s car aud noticed three tyres gone and two tubes. No other motor vehicle could have pulled up there without witness seeing it.

    The PM discharged the accused.

 



Allen Sylvester Ware
, 1938

 

The Newcastle Sun, Mon 20 Jun 1938 6

IN THE COURTS.
————

SERIOUS CHARGE

    Allen Sylvester Weir [sic] (29), laborer, was charged before Mr Soane, SM, 7 at the Newcastle Police Court to-day, with having committed bestiality.

    He was remanded to July 11. Bail was fixed at £50.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Tue 21 Jun 1938 8

POLICE COURT
————
Monday, June 20
(Before Mr ME Soane, SM.)

LABOURER REMANDED.

    Allen Sylvester Weir, 29, labourer, was remanded to July 11 on a charge of having committed bestiality at Toronto on June 18. Bail in £50 was allowed.

    Mr JK Williams (Messrs Harris, Wheeler, and Williams) appeared for Weir.

~ ~ ~ ~ ~

The Newcastle Sun, Mon 11 Jul 1938 9

IN THE COURTS.
————

COMMITTED FOR TRIAL

    Allen Sylvester Weir (29), laborer, who pleaded not guilty, was committed for trial at the Newcastle Quarter Sessions on July 25 on a charge of bestiality at Toronto on June 18, by Mr Soane, SM, at the Newcastle Police Court to-day. Bail in £50 was allowed.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Tue 12 Jul 1938 10

POLICE COURT
————
Monday, July 11
————
(Before Mr ME Soane, SM.)

COMMITTED FOR TRIAL.

    On a charge of having committed a crime of bestiality, with a cow, at Toronto, on June 18, Allen Sylvester Weir, 29, labourer, was committed for trial at Newcastle Sessions, on July 25.

    Weir pleaded “Not guilty,” and reserved his defence.

    Bail was fixed at £50.

    Mr JK Williams (Messrs Harris, Wheeler and Williams) appeared for the defence.

~ ~ ~ ~ ~

The Newcastle Sun, Fri 22 Jul 1938 11

QUARTER SESSIONS
CASES
————
JUDGE NIELD TO SIT
ON MONDAY
———

    Judge Nield will preside over the Newcastle Quarter Sessions commencing on Monday, when the following cases will be heard:—

    Monday, July 25: George Abraham Scott Milford, alleged breaking, entering and stealing (for plea); Albert Jolly, alleged maliciously wounding (for plea); Allen Sylvester Ware, alleged bestiality; Frederick McKinnon, alleged maliciously wounding; Lawrence Edward McCloskey, alleged manslaughter.

    Tuesday, July 26: Mervyn Thomas Rigby, alleged offence against a girl under 16; Lancelot Milton Cox, alleged manslaughter.

    Wednesday, July 27: Kenneth Frank Marlay, alleged false pretences and fraudulent misappropriation.

    The following appeals against Magistrates’ orders and convictions will also be heard:—

    Robert Wright, alleged assault; Winifred Stewart, variation of maintenance order; Jack Dillon, affiliation; and Margaret Ellen Plumridge, maintenance.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Sat 23 Jul 1938 12

BEGIN ON MONDAY
———◦———
NEWCASTLE QUARTER SESSIONS

    The list of cases to be heard at the Newcastle Quarter Sessions, to begin on Monday, is as follows—

    Monday: George Abraham Scott Milford, on a charge of breaking and entering; Albert Jolley [aka Jolly], charge of wounding with intent; Allen Sylvester Ware, charge of bestiality;

~ ~ ~ ~ ~

The Newcastle Sun, Mon 25 Jul 1938 13

JUDGE GAVE HINT
TO WOMEN
————
THEY LEFT THE COURT
———

    “This is hardly the kind of case in which one would expect women to remain during the hearing of evidence,” said Judge Nield at the Newcastle Quarter Sessions to-day, glancing at the public gallery.

    Five women who were in the gallery, took the hint and left.

    Allen Sylvester Ware, 29, laborer, pleaded not guilty to having committed bestiality at Toronto on June 18.

    At the end of the Crown case Mr VH Treatt (for Ware) submitted that the evidence fell far short of what was required to make out a prima facie case, but Judge Nield said that he would not take the case from the jury.

    Mr Treatt asked the jury if it wished to hear any more, and the foreman replied that the jury wanted to hear any more evidence that could be produced.

    The defence was then entered upon.

    After a retirement of quarter of an hour, the jury returned with a verdict of not guilty, and Ware was discharged.

    Mr L Hutchinson was Crown Prosecutor and Mr VH Treatt, instructed by Mr JK Williams (Messrs Harris, Wheeler and Williams) appeared for Ware.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Tue 26 Jul 1938 14

QUARTER SESSIONS.
———◦———
THREE REMANDED FOR
SENTENCE
————
GANGER DISCHARGED

    Three men were remanded for sentence by Judge Nield at the Newcastle Quarter Sessions yesterday. A railway ganger [Allen Sylvester Ware] charged with bestiality was acquitted, and another matter was stood over.

————

————
RAILWAY GANGER DISCHARGED.

The Beach, Toronto, c. 1911-1915. Image: NSW State Library collection. Reproduction: Peter de Waal
The Beach, Toronto, c. 1911-1915.
Image: NSW State Library collection. Reproduction: Peter de Waal

    “This is hardly the kind of case you expect women to attend,” said Judge Nield before the hearing was begun on the matter in which Allen Sylvester Ware, 20, railway ganger, of Toronto, was charged with having committed bestiality at Toronto on June 18.

    Five women then left the public gallery.

    The jury acquitted Ware, who pleaded “Not guilty,” after a short retirement, and he was discharged.

    Mr VH Treatt, instructed by Mr JK Williams (Messrs Harris, Wheeler and Williams) appeared for Ware.

    At the conclusion of the evidence for the prosecution Mr Treatt submitted that the case was only one of circumstantial evidence, and that the Crown had not established a prima facie case.

    Judge Nield: I do not propose to take the case away from the jury.

    The jury, which had left the Court while Mr Treatt made his submission, then filed back, and the foreman intimated that they would hear further evidence.

    Ware then went into the witness box and denied the charge.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Thu 29 Sep 1938 15

POLICE COURT
————
Wednesday, September 28
(Before Mr ME Soane, SM.)

————
WEST WALLSEND
(Before Mr CG Carr-Boyd, PM.)

CHARGES AGAINST GANGER.

    Allan [aka Allen] Sylvester Ware, Day-street, Toronto, pleaded “Not guilty” to a charge of having travelled in a railway carriage between Fassifern and Toronto on July 27, without having preciously paid the fare, with intent to avoid payment.

    Mr TA Braye (Messrs Braye, Cragg and Cohen) appeared for the defence. Inspector P Ryan conducted the prosecution.

    “The only possible conclusion is that there is a doubt.” said the Magistrate, dismissing the information.

    On a further charge of having trespassed on railway property, Ware was fined £2, with 8/ costs, in default five days imprisonment.

Toronto Hotel, c. 1911-1915. Image: NSW State Library collection. Reproduction: Peter de Waal
Toronto Hotel, c. 1911-1915.
Image: NSW State Library collection. Reproduction: Peter de Waal

    Ticket Examiner HF Cosgrove, Gulliver-street, Hamilton, said that on July 27 he was on duty at Toronto railway station. About 6 pm he saw Ware, who had alighted from the train, walk towards the Newcastle end of the platform, jump down on to the line, and proceed towards Blackalls. He overtook Ware and asked him his reasons for walking along the line instead of passing through the barrier. Ware said it was the first time he had ever done that, and if given a chance it would not happen again. Asked for his ticket, Ware produced a second-class duty pass.

    Mr Braye objected to the Magistrate being given an explanation as to what a duty pass comprised. The objection was overruled.

    Witness, continuing, said he asked Ware his reason for using the pass. Ware said he was always under the impression that the pass entitled him to travel to Toronto. He told Ware that that was not so. Ware told him that he had not used the pass for very long, and had no money to pay the fare then, but would pay it next day.

    By Inspector Ryan: At the Newcastle end of the platform was a large sign, “No thoroughfare.”

    Replying to the Magistrate, witness said that Ware was not entitled to use the pass to Toronto.

    By Mr Braye: He knew that the pass had been made out for KA Frazer’s six men. Ware said he was Frazer’s ganger, employed on drainage work. He had not seen railway men walking along the permanent way to their homes.

    Railway Officer Baxter said that Ware’s departmental home station was Taree. The pass, produced, would not entitle him to travel between Fassifern and Toronto.

    By Mr Braye: He understood that Ware’s wife recently went to board at Toronto. Ware received night expenses because he was not at home. He issued information by circular concerning passes. By doing so, he was guided by the regulations.

    Allan Sylvester Ware, Victory-parade, Toronto, acting supervising ganger, said that Taree was his home station. About the time of the alleged offence his wife went to board with him at Day-street, Toronto. The pass was issued to him by Mr Frazer on July 1. His work caused him to go anywhere between Hornsby and Newcastle, and the pass entitled him to travel on the main line between those centres. For almost a fortnight he had been using the pass on the Toronto line. Each night he had shown the pass at the barrier. He lived about three-quarters of a mile from the station, and rode a bicycle to and fro. On the night of July 24 he did not have the bicycle, on two occasions he used the pass on the Toronto line on departmental business. The first he saw of Cosgrove was when he stepped down from the platform and Cosgrove came from behind a hedge. He told Cosgrove that he was going home. Cosgrove took him to Railway Officer Partridge, who complained about being kept out in the cold just to catch men getting down from the platform. Partridge said that the pass was not his, or his name would have been on it. Cosgrove explained the pass to Partridge, and then asked witness to pay the excess fare. He told Partridge and Cosgrove that he honestly believed he was entitled to travel home on the pass. When the matter was reported to the department he was issued with another pass.

    Mr Braye drew the Magistrate’s attention to the different wording on both passes.

    Mr Braye submitted that the crux of the case was “intent to avoid payment,” and that on the substituted pass issued to Ware the words “to and from” had been deleted.

    Inspector Ryan said that Ware’s duties finished at Kotara.

~ ~ ~ ~ ~

The Newcastle Sun, Fri 28 Oct 1938 16

THIEVES ACTIVE AT
KOTARA
————

    The office of Kotara Railway station was broken into last night by thieves, who forced the window of the building. They took a clock and several other articles of little value, but did not interfere with the cash drawer or the safe. It is believed that the work was that of boys.

    During the last few days the clubhouse of the Kotara Tennis Club was broken into and 45 feet of rubber hose was taken. A window was forced to gain entrance.

    Alan Sylvester Ware, railway ganger, has informed the police that an alarm clock, an axe, overcoat, pair of trousers and other articles, valued at £1 10s, were stolen from his tent at Kotara.

 



Allen Sylvester Ware
, 1942

 

Daily Advertiser, Tue 13 Oct 1942 17

ITEMS OF NEWS
———◦———

BICYCLE SUSPECTED
OF BEING STOLEN

    Allan Sylvester Ware, aged 34 years, pleaded guilty at the Wagga police court yesterday to a charge of having in his custody a Malvern Star bicycle, at Wagga on October 10, reasonably suspected of being stolen.

    Detective HJ Cloke said that defendant was riding a push cycle along Fitzmaurice-street, and when questioned said that a man had told him he could have a loan of the machine. Defendant did not know the name of the man. Defendant was convicted and a fine of £1 imposed.

 



Allen Sylvester Ware
, 1945

 

The Northern Champion, Sat 10 Mar 1945 18

IN the Supreme Court of New South Wales, Probate Jurisdiction. In the Will of Hester Henrietta Ware, late of 227 Victoria Street, Taree, in the County of Macquaric, State of New South Wales, deceased.

    Application will be made after fourteen days from the publication hereof that Probate of the last Will and Testament dated the fourth day of November, 1944, of the abovenamed deceased may be granted to Wallace Grayson Ware, one of the Executors named in the said Will, Allen Sylvester Ware, the other Executor therein named having renounced probate thereof, and all notices may be served at the undermentioned address. All creditors in the estate of the deceased are hereby required to send in particulars of their claims to the undersigned. Butterworth & Cowan, Proctors for Executor, Temple Chambers, Victoria Street, Taree. By their Agents: FC Petrie & Son, Solicitors, 375 George Street, Sydney.

 



Allen Sylvester Ware
, 1948

 

The Manning River Times and Advocate for the Northern Coast District of NSW, Wed 4 Feb 1948 19

COURT OF PETTY SESSIONS
————

————
DRUNKENNESS.

    Robert Sherry, Clarence French, Allan Sylvester Ware and Thomas Clifford Farrell did not appear to answer charges of drunkenness and the SM ordered that bail of 10/- in each case be forfeited.

~ ~ ~ ~ ~

The Northern Champion, Wed 4 Feb 1948 20

COURT OF PETTY
SESSIONS
————
TAREE, 2nd February.
————
Before EJ Gibson, SM.
————

    Frederick Wesley Riley was charged with driving a motor lorry in Manning Street, Taree, on 31st January whilst under the influence of intoxicating liquor. There were also charges of driving in a negligent manner, and with driving without being the holder of a driver’s license.—Mr AM Borthwick appeared for Riley, who pleaded guilty to the charges of driving under the influence and driving without a license.

    Constable Dunmall stated that Riley was reversing the truck when it collided with another vehicle at the kerb. Riley admitted having had 10 whiskies that day. He also admitted that he had never held a driver’s license.
    Mr Borthwick said Riley very much regretted the occurrence, and intended leaving the drink alone. Defendant was three years in the Air Force.—The last 17 months in Japan.

    The SM: If I remember rightly he promised to leave liquor alone when he was convicted of illegally using a car.

    For driving under the influence the fine was £15, and for driving without a license he was fined £1.

    The charge of negligent driving was adjourned until 1st March.

    Subsequently Riley pleaded guilty to a breach of the bond of £20, entered into at the Taree Court on 8th December, when he was bound over to be of good behaviour for 12 months, and ordered to pay £3 compensation on a charge of illegally using a car owned by Robert Jarvis.

    Mr Borthwick asked that, in view of the fine imposed earlier in the day, and that Riley intended leaving liquor alone, the court should exercise its discretion and take no action under the bond. Riley gave no trouble except when under the influence of liquor. The S.M.- said he would accede to the request not to take any action under the bond. This was the second occasion that Riley had been before him on serious charges, brought about as the result of drinking. He had been given two chances and in all fairness ho could not expect to receive a third.

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    The following did not appear to answer a charge of drunkenness and each was ordered to forfeit 10/- bail.— Robert Sherry, Charles Henry French, Allan Sylvester Ware and Thomas Clifford Farrell.

~ ~ ~ ~ ~

The Wingham Chronicle and Manning River Observer, Fri 6 Feb 1948 21

COURT OF PETTY SESSIONS.
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TAREE: Monday, February 2.
————
(Before Mr EJ Gibson, SM.)

DRUNKENNESS.

    Robert Sherry, Clarence French, Allan Sylvester Ware and Thomas Clifford Farrell did not appear to answer charges of drunkenness and the SM ordered that bail of 10/- in each case be forfeited.

 


1     The Northern Champion (Taree, NSW), Wed 10 Apr 1929, p. 2. Emphasis added.

2     The Manning River Times and Advocate for the Northern Coast District of NSW, (Taree, NSW), Sat 13 Apr 1929, p. 11.

3     The Northern Champion (Taree, NSW), Sat 20 Apr 1929, p. 4. Emphasis added.

4     The Manning River Times and Advocate for the Northern Coast District of NSW, (Taree, NSW), Wed 24 Apr 1929, p. 3. Emphasis added.

5     The Wingham Chronicle and Manning River Observer, (NSW), Fri 26 Apr 1929 p. 7. Emphasis added.

6     The Newcastle Sun, (NSW), Mon 20 Jun 1938, p. 8.

7     Newcastle Morning Herald and Miners’ Advocate, Wed 31 Oct 1951, p. 2.

FORMER SM DIES IN NEWCASTLE

    Mr Marcus E Soane, 74, former Newcastle Stipendiary Magistrate, died in Newcastle yesterday.

    Mr Soane lived in Hamilton. A magistrate in Newcastle for 7½ years, he retired in March, 1941. He was wartime censor till the end of hostilities.

    Mr Soane was the first magistrate to retire in Newcastle. He had declined appointment in Sydney, preferring to remain in Newcastle.

    He was born in Dubbo. In 1895, he entered the Education Department and three years later transferred as Assistant Clerk of Petty Sessions at Cobar.

    Then followed periods in north-western towns as Clerk of Petty Sessions. In 1913, he was appointed a police magistrate. He came to Newcastle in October, 1933, as a stipendiary magistrate.

    At that time, the circuit included Catherine Hill Bay, Charlestown, Wallsend, West Wallsend, Teralba and Wyong. Mr Soane was gradually relieved of all Courts outside Newcastle as work became heavier.

    Mr Soane joined the militia in 1896. After a number of years as an officer with the 3rd Regiment, he retired in 1925.

    He represented New England twice in Country Week cricket series. With the New South Wales Trial XI he made top score of 76. He twice represented New England at tennis against New South Wales teams. He played tennis till a few years ago.

    Mr Soane is survived by his widow, two sons, Dudley and Lawrance, and two daughters, Phyllis and Dorothy. The funeral will be to Beresfield Crematorium to-day after a service at 1.30 pm at St Peter’s Church of England, Hamilton.”

8     Newcastle Morning Herald and Miners’ Advocate, Tue 21 Jun 1938, p. 12.

9     The Newcastle Sun, (NSW), Mon 11 Jul 1938, p. 9.

10   Newcastle Morning Herald and Miners’ Advocate, Tue 12 Jul 1938, p. 9.

11   The Newcastle Sun, (NSW), Fri 22 Jul 1938, p. 4. Emphasis added.

12   Newcastle Morning Herald and Miners’ Advocate, Sat 23 Jul 1938, p. 10. Emphasis added.

13   The Newcastle Sun, (NSW), Mon 25 Jul 1938, p. 7.

14   Newcastle Morning Herald and Miners’ Advocate, Tue 26 Jul 1938, p. 5. Emphasis added.

15   Newcastle Morning Herald and Miners’ Advocate, Thu 29 Sep 1938, p. 2. Emphasis added.

16   The Newcastle Sun, (NSW), Fri 28 Oct 1938, p. 4. Emphasis added.

17   Daily Advertiser, (Wagga Wagga, NSW), Tue 13 Oct 1942, p. 2. Emphasis added.

18   The Northern Champion (Taree, NSW), Sat 10 Mar 1945, p. 5. Emphasis added.

19   The Manning River Times and Advocate for the Northern Coast District of NSW, (Taree, NSW), Wed 4 Feb 1948, p. 3. Emphasis added.

20   The Northern Champion (Taree, NSW), Wed 4 Feb 1948, p. 1. Emphasis added.

21   The Wingham Chronicle and Manning River Observer, (NSW), Fri 6 Feb 1948 p. 6. Emphasis added.