Northern Times, Wed 14 Feb 1917 ¹

POLICE COURT.
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    At Newcastle Police Court this morning, before Mr FG Adrian,
…
    Stephen Cunningham, 54, wharf labourer, was remanded for a week, on a charge of indecency on the beach promenade.

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Newcastle Morning Herald and Miners’ Advocate, Thu 15 Feb 1917 ²

NEWCASTLE POLICE COURT.
———◦———
Wednesday, February 14.
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(Before Mr FG Adrian, SM.)

…

REMANDED.

    Mr TA Braye (Messrs Braye and Cohen) appeared for Stephen Cunningham (54), wharf labourer, who was charged with having behaved improperly at the Beach Promenade, and asked for an adjournment for a week. This was granted, and bail was allowed.

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Northern Times, Mon 5 Mar 1917 ³

BEHAVIOUR ON BEACH.
———◦———

    Stephen Cunningham, aged 54 years of age, a wharf labourer, at the Newcastle Police Court this morning appeared before Mr CH Dale, DSM, charged with indecency on the Newcastle beach on February 3.

    Constable Foran stated that at the time of the alleged offence the beach was crowded with people, many of whom had come from Maitland on a picnic. Defendant, who was represented by Mr Braye (Braye and Cohen) in evidence gave a complete denial.

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Newcastle Morning Herald and Miners’ Advocate, Tue 6 Mar 1917 ⁴

NEWCASTLE POLICE COURT.
———◦———
Monday, March 5.
———
(Before Mr CH Gale, DSM.)

…

ADJOURNED.

    Stephen Cunningham (54), wharf labourer, was charged improper behaviour. Mr TA Braye (Messrs Braye and Cohen) appeared for the defendant, who pleaded not guilty. The case was adjourned until Wednesday, and bail was allowed.

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Northern Times, Wed 7 Mar 1917 ⁵

CONVICTED FOR INDECENCY.
———◦———
RELEASED UNDER FIRST
OFFENDERS’ ACT.
————

    Addresses were made by Mr TA Braye (Braye and Cohen) for the defence, and by Inspector Cook, in reply, at the Newcastle Police Court this morning, in connection with the charge against Stephen Cunningham, 54 years of age, wharf labourer, that he had behaved in an obscene manner on the Beach Promenade, Newcastle, on February 13. Evidence in the case was given on Monday.

    Mr Gale [PM] ruled that there was an absolute contradiction in the evidence, and if he did not accept the evidence of the constable, it would be practically saying he was not fit to be in the police force.

    Mr Braye said that the man’s liberty was involved, as there was no option of a fine in the Act under which the charge was laid.

    Inspector Cook said he would not object to the charge being altered to a similar one under the Police Offences Act .

    Mr Gale adhered to his decision to convict under the Vagrancy Act , and said that owing to the general good character of the defendant, he would deal with him under the First Offenders’ Act .

    Defendant was sentenced to three months’ imprisonment in Maitland Gaol, and was ordered to be released under the First Offenders’ Act , subject to him entering into recognisance of £10, with one surety in £10, to be of good behaviour for 12 months.

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Newcastle Morning Herald and Miners’ Advocate, Thu 8 Mar 1917 ⁶

NEWCASTLE POLICE COURT.
———◦———
Wednesday, March 7.
(Before Mr CH Gale, DSM.)

…

IMPROPER BEHAVIOUR.

    The adjourned case of Stephen Cunningham (54), wharf labourer, who was charged with improper behaviour, was concluded. Mr TA Braye (Messrs Braye and Cohen) addressed the bench on behalf of the accused, who was sentenced to three months’ imprisonment, and released under the first offenders provisions of the Crimes Act on entering into a bond of £10 to be of good behaviour for 12 months.

 

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1     Northern Times, (Newcastle, NSW), Wed 14 Feb 1917, p. 6.

2     Newcastle Morning Herald and Miners’ Advocate, Thu 15 Feb 1917, p. 3.

3     Northern Times, (Newcastle, NSW), Mon 5 Mar 1917, p. 5. Emphasis added.

4     Newcastle Morning Herald and Miners’ Advocate, Tue 6 Mar 1917, p. 3.

5     Northern Times, (Newcastle, NSW), Wed 7 Mar 1917, p. 2. Emphasis added.

6     Newcastle Morning Herald and Miners’ Advocate, Thu 8 Mar 1917, p. 7.

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