Below also see: James Emry, 1922 - Buggery,
James Emry and Cecil Collingburn, 1924
The Age, Wed 11 Aug 1920 1
GENERAL NEWS.
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Melbourne, c. 1889. Image: Vic State Library collection.
Reproduction: Peter de Waal
ACCUSED MAN THREATENS SUICIDE.
“I will be dead when you get this. I will drown myself. Find my body. The charge is false.” A postcard bearing these words was handed up to the bench yesterday by Mr C Barnett, counsel for the defence, when the name of James Emry was called and the accused man failed to appear. Emry was charged with having assaulted Elliott Kiernan, [Payne-street, Brunswick], a telegraph messenger boy, with intent to commit a serious offence. Mr EN Moore, PM, intimated that the bench had received a similar message and that for the present no action would be taken towards entreating Emry’s bail of £100, or his father’s in a similar amount, so that inquiries might be made as to whether accused had fulfilled his threat. The police suspect that the threat may be a ruse to enable accused to make his escape.
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The Daily Observer, Wed 11 Aug 1920 2
“I AM DEAD!”
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ACCUSED'S WRITTEN STATEMENT TO COURT.
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Sydney, Tuesday.
When the name of James Emry was called in the City Police Court, Melbourne to-day, Charles Barnett, who appeared for him, read the following statement to the Bench: “I am dead when you receive this. The charge is false.”
Mr Barnett explained that the message was written on a postcard which had been sent to him yesterday.
The police magistrate said he had received a similar message.
The case was held over for a week.
Emry is charged with an offence against a boy.
James Emry, 1922
The Age, Fri 24 Nov 1922 3
STILL ALIVE.
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SUPPOSED SUICIDE ARRESTED.
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DISAPPEARED TWO YEARS AGO.
It does not do to underestimate the length of the law’s arm, as two persons now lodged in the City Watch House know to their cost. One has been hailed back from the grave so to speak. James Emry was arrested in Melbourne on 31st Jule, 1920, on a serious charge. He was allowed out on bail to appear at the City Court on a subsequent date, but failed to answer. His bail was estreated by the bench. Some days later the bench received a letter stating that Emry had committed suicide. The Victorian police could find no trace of him, and in time his case was almost forgotten. Recently Detective Grieve, of Melbourne, changed places with a Sydney detective, and one day had met the supposed suicide, as large as life, walking down a Sydney street. The man was brought back to Melbourne by Plain-clothes Constable Stewart, of Sydney, yesterday, and placed in the City Watch House on the two-year-old charge. The escort also brought over Henry Yates, wanted in Melbourne on a charge of child desertion. His apprehension is also attributed to Detective Grieve. These arrests are striking proof of the benefits resultant from inter-change of members of the police force in different States.
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The Argus, Fri 24 Nov 1922 4
MEN ARRESTED IN SYDNEY.
Constables E Stewart and J Gleeson returned to Melbourne from Sydney yesterday, and in their custody were two men who had been detained by Detective J Grieve while on duty there.
At the City Watch house James Emry, aged 29 years, salesman, [and returned soldier] 5 was charged with having committed a serious offence against a boy, [Elliott Kiernan, 14 years], in Melbourne on July 31, 1920. It is alleged that Emry failed to answer his bail at the City Court, and the Bench received a letter saying that his body would be found at the bottom of the Yarra. The existence of Emry was forgotten until Detective Grieve questioned him.
Henry Yeats, aged 25 years, boiler-maker, was charged with having deserted his child.
Both men will appear at the City Court this morning.
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Solicitor’s Correspondence Concerning Accused’s Court Appearance, Dec 1922 6
James Emry and Cecil Collingburn, 1924
The Argus, Fri 21 March 1924 7
GOODS RECOVERED.
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MAN AND YOUTH ACCUSED.
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BOTH SENT FOR TRIAL
At the City Court yesterday James Emry, aged 29 years, salesman,, and Cecil Collingburn, aged 18 years, stable boy, where charged with having broken into the warehouse of the Edison Swan Electric Co Ltd, between March 7 and 8, and stolen two electrical testers, six electric irons, and a quantity of connection wire and electrical fittings, valued at £105.16/6. With Mr R Knight, PM, on the bench were Messrs T O’Callaghan, ET Campbell, CR Smithwack, RW Levy, JJ Denton, and W Young JP’s.
Evidence was given that the premises of the company in Little Collins street were entered at night through a rear window. Some of the stolen goods had been recovered in the shop of James William Johnston, electrician, of High street, Thornbury. Johnston had bought the goods from Emry on the understanding that they were portion of an insolvent stock. The six electric irons and the tester had been pawned by Emry, who had told the pawnbroker that he had just started business, and could not cash a cheque and needed money.
Plain-clothes Constable O’Hallaron deposed that, in company with Plain-clothes Constable Sloan, he had interviewed the accused at the Bourke street west police station. He asked Collingburn if he knew Emry, and he received the reply, “Yes; I met him in Russell street on Friday night, and he asked me whether I wanted to earn a few ‘bob.’ We went around to the back of a place, and Emry told me that the man who was ‘working back’ had forgotten to leave the gate open. Emry asked me asked me to climb up and open a window on the first floor. The window was locked, and Emry said, ‘Put your foot through it.’ I did so, and climbed into the place,, and opened the door and let Emry in. He and I packed up a lot of goods, which we took to Northcote in a motor-car.
Both accused were committed for trial at the sittings of the Criminal Court on April 1. Bail was granted.
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The Argus, Wed 2 Apr 1924 8
“FORGOTTEN HIS KEYS.”
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A PRETENDED MANAGER.
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FOUND GUILTY OF SHOPBREAKING.
James Emery [sic] and Cecil Collingburn appeared before Judge Wasley in General Sessions yesterday charged with having broken and entered the warehouse of the Edison Swan Electric Co Ltd, Melbourne, and stolen a quantity of electrical material. Emery pleaded guilty, and Collingburn, aged 18 years, pleaded not guilty.
For the prosecution, evidence was given that the two accused had entered the premises and removed the material in a motor-car hired for the purpose. Collingburn told the driver of the car that they had a large job at Fullers’ Hotel, and were working three shifts.
In his defence Collingburn called as a witness the accused Emery, who said that he had told Collingburn that he was the manager of the warehouse, and that he had forgotten his keys. He offered Collingburn a few shillings to help him to make up a large order, and the youth did not know that he was committing a crime.
The Crown Prosecutor (Mr Leon, KC),—How long have you known Collingburn?
Emery,—I had not met him before that night.
What did you do with the money that you received for the goods?—I lost it.
Where?—In the city watch house.
Judge Wasley,—What were you playing?
Emery,—It was taken out of my coat.
Collingburn was found not guilty and discharged. Emery was remanded for sentence.
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The Argus, Wed 9 Apr 1924 9
PRISONERS SENTENCED.
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SHOP BREAKING.
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MANY YOUTHFUL OFFENDERS.
Several young men were among those sentenced by Judge Wasley in General Sessions yesterday.
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James Emery, who had pleaded guilty to a charge of warehouse-breaking, was sentenced to two years’ imprisonment. Judge Wasley remarked that it was a pity that such a man could not have done better in life.
1 The Age, Fri 24 Nov 1922, p. 10. Emphasis added.
2 The Daily Observer, (Tamworth, NSW), Wed 11 Aug 1920, p. 1.
3 The Age, Fri 24 Nov 1922, p. 10. Emphasis added.
4 The Argus, Fri 24 Nov 1922, p. 9.
5 To view the digitised WWI service record (service number 19642, barcode 3542697) of James Emry to: www.naa.gov.au
6 NAA: B2455, Emry James, pp. 11, 13-16 .
7 The Argus, Fri 21 Mar 194, p. 15.
8 The Argus, Wed 2 Apr 1924, p. 17.
9 The Argus, Wed 9 Apr 1924, p. 8.