Herbert Underwood and Robert Milton Underwood, 1912

Below also see: Robert Milton Underwood and Lionel Arthur Wear, 1926,
Wear v. Wear, 1926 – Divorce,
Lionel Arthur Wear, 1944 – Sodomy
Lionel Arthur Wear and James Hedley Roseveare, 1945 – Buggery

 

The Sydney Morning Herald, Fri 18 Oct 1912 ¹

IN BANKRUPTCY.
(Before the Registrar, Mr FH Salusbury.)

…

VOLUNTARY SEQUESTRATIONS.

…
    Herbert Underwood, of 126 Paddington-street, Paddington, and Robert Milton Underwood, of 72 Sutherland-street, Paddington, and carried on business at 84 King-street, under the style of Underwood Brothers, tailors. Mr WH Palmer, official assignee.

 

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Robert Milton Underwood and Lionel Arthur Wear, 1926

The Sydney Morning Herald, Wed 14 Apr 1926 ²

LAW NOTICES.
————
HIGH COURT OF AUSTRALIA.
————
Wednesday, April 14.

…

LAND AND VALUATION COURT.

    Before Mr Justice Pike.—At 10 am—For hearing: Nichols v City Council.

    SYDNEY QUARTER SESSIONS.—No. 1 Court: Robert Milton Underwood and Lionel Arthur Wear, indecency; James Joseph Doyle, assault, occasioning actual bodily harm; Arthur Foster, break, enter, and steal.

    No. 2 Court: Alice Snowden and Cora Southam, receiving; Walter Henry Potts, indecency; Henry Michael Ashworth, false pretences. Appeals: John Henry Murray, assault; William Bates, assault; Albert Herman Angus Cook, maintenance; James Henry Lee, maintenance; Wallace Witts Brown, maintenance; Ernest Charles Herbst, maintenance.

~ ~ ~ ~ ~

The Daily Telegraph, Thu 15 Apr 1926 ³

CRIMINAL.
————
(Before Judge Edwards.)

    Crown Prosecutor: Mr LJ McKean.

TWO MEN CONVICTED.

    Robert Milton Underwood (23), laborer, was charged in No. 1 Court of the Quarter Sessions with having, at Bondi, on February 28, attempted to commit a serious offence, and Lionel Arthur Wear (23), draper, was charged with having aided and abetted him.

    Mr JW Abigail appeared for Underwood; Wear was undefended.

    Both were convicted, and remanded for sentence.

~ ~ ~ ~ ~

The Sun, Thu 15 Apr 1926 ⁴

SERIOUS OFFENCE
————
TWO MEN GAOLED

    “You have lost all sense of decency,” said Judge Edwards at the Darlinghurst Sessions to-day, addressing Robert Milton Underwood, aged 29, a confectioner, and Lionel Arthur Wear, aged 33, draper, who were convicted of indecent behaviour at the Bondi surf sheds.

    In passing sentence of 12 months on the prisoners the Judge declared that he had to consider the best means of protecting the public in view of the fact that large numbers of people, including small children used the surf sheds.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 15 Apr 1926 ⁵

QUARTER SESSIONS.
No. 1 COURT.
(Before Judge Edwards.)

    Crown Prosecutor, Mr LJ McKean.

INDECENT ASSAULT.

    Robert Milton Underwood, 23, labourer, was charged with having attempted to commit a serious offence on Lionel Arthur Wear, 23, draper, at Bondi Surf Sheds, on February 28, and the latter was charged with aiding and abetting. They were alternately charged, Underwood with having committed an indecent assault, and Wear with aiding and abetting. Mr JW Abigail appeared for Underwood. Wear was undefended.

    Both of the accused were convicted on the second count. Mr Abigail begged his Honor not to send the men to gaol. His Honor said: “What is the use of putting any man in gaol to do nothing? It is a shocking waste of time and material; it is a pity that another method could not be discovered.” Prisoners were remanded for sentence.

~ ~ ~ ~ ~

The Daily Telegraph, Fri 16 Apr 1926 ⁶

CRIMINAL.
————
(Before Judge Edwards.)

    Crown Prosecutor: Mr LJ McKean.

TWO MEN SENTENCED.

    Robert Milton Underwood (28), [sic] confectioner, and Lionel Arthur Wear (32), [sic] draper, who had been convicted on the previous day in No. 1 Court of the Quarter Sessions on a charge of indecent assault and aiding and abetting, respectively, were each sentenced to 12 months’ imprisonment. Mr JW Abigail appeared on behalf of Underwood.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 16 Apr 1926 ⁷

QUARTER SESSIONS.
No. 1 COURT.
(Before Judge Edwards.)
Crown Prosecutor, Mr LJ McKean.

INDECENT ASSAULT.

    Robert Milton Underwood, 28, confectioner, who was convicted on the previous day on a charge of indecent assault, and Lionel Arthur Wear, 32, draper, of aiding and abetting, were each sentenced to 12 months’ imprisonment with hard labour.

    His Honor, referring to the newspaper report of the case, said that his remark on the previous day, “Why send any man to gaol?” was not intended as a reflection upon the prison authorities, but was made in answer to a rhetorical question by Mr JW Abigail, who asked what would be the good of sending the men to gaol. His Honor, also referring to the waste of material in sending men to gaol, spoke of the Tuncurry Afforestation Camp, and said it would be a good thing if it could be extended.

~ ~ ~ ~ ~

Robert William [sic–Milton] Underwood, Gaol photo sheet ⁸

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Gaol Photo Sheet - Transcribed Details

No. 21549

Date when Portrait was taken: 16-4-1926

Name: Robert William [sic–Milton] Underwood

Native place: Goulburn Year of birth: 15-6-1897 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Confectioner Religion: C of E Education, degree of: R & W Height: 5' 3½" Weight     On committal: 151 in lbs     } On discharge: Colour of hair: Black Colour of eyes: Grey

Marks or special features: Small matured scar in centre of forehead. Scar outside bend of right arm

(No. of previous Portrait … ) CONVICTIONS. Convicted with Lionel Arthur Wear
Where and When				Offence.	Sentence
Sydney Q.S Paddington PC	14 28	4 10	1926 1929	Indecent assault on a male person Sell liquor without a licence	12 months H.L. £30-3-6 or 4 months HL

~ ~ ~ ~ ~

Lionel Arthur Wear, Gaol photo sheet ⁹

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Gaol Photo Sheet - Transcribed Details

No. 21550

Date when Portrait was taken: 16-4-1926

Name: Lionel Arthur Wear

Native place: South Australia Year of birth: 4-10-1893 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Salesman Religion: C of E Education, degree of: R & W Height: 5' 7" Weight     On committal: 116 in lbs     } On discharge: Colour of hair: Fair Colour of eyes: Blue

Marks or special features:

(No. of previous Portrait … ) CONVICTIONS. Convicted with Robert Milton Underwood
Where and When				Offence.	Sentence
Sydney Q.S	14	4	1926	Aiding & abetting the commission of the offence of indecent assault on a male person	12 months H.L.

 

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Wear v. Wear, 1926

The Sydney Morning Herald, Tue 26 Oct 1926 ¹⁰

LAW NOTICES.
————
Tuesday, October 26, 1926.
————

…
    In Divorce.—Before the Judge in Divorce, in the Divorce Court.—At 10 am: Motions, etc. Not before 12 noon.—Causes: Gist v Gist, Lowder co-resp; Lapham v Lapham, Fish v Fish, Garnham v Garnham, Hyland v Hyland, Rozea v Rozea, Wear v Wear, Burton v Burton, Wickham v Wickham, Funnell v Funnell, McCluskey c McCluskey, Raeburn v Raeburn.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 27 Oct 1926 ¹¹

IN DIVORCE.
(Before Mr Justice Owen.)

DECREES ABSOLUTE.

…

Wear v Wear

    Mr HR Hunt appeared for Annie Wear (formerly Gibbney), who petitioned for a divorce from Lionel Arthur Wear, on the ground that since the celebration of the marriage he was guilty of an unnatural offence. The parties were married on January 10, 1925, at the Glebe, according to the rites of the Presbyterian Church. The suit is part heard.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 22 Jun 1927 ¹²

IN DIVORCE.
(Before Mr Justice Davidson.)

…

(Before Mr Justice Owen.)

DECREES ABSOLUTE.

    Decrees absolute were pronounced in the following suits:—
…
    Annie Wear v Lionel Arthur Wear,

 

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Lionel Arthur Wear, 1944

The West Australian, Wed 9 Aug 1944 ¹³

GENERAL NEWS.

…
    In the Perth Police Court yesterday, Mr TH Hannah, SM, committed Lionel Arthur Wear (50), cook, for trial on a charge of gross indecency, at Perth on July 25. The defendant, who was not asked to plead, was represented by Mr C Ewing, Sgt WC Wyatt prosecuted.

~ ~ ~ ~ ~

Mirror, Sat 12 Aug 1944 ¹⁴

    In Perth Police Court this week Lionel Arthur Wear was committed for trial, charged with participating in an act of gross indecency. Wear is 50 years of age, by trade a cook. PC Grey and Det-Sgt Kendall gave evidence. Sgt Wyatt prosecuted.

~ ~ ~ ~ ~

The Daily News, Tue 5 Sep 1944 ¹⁵

6 ADMIT CRIMES

    Six men pleaded guilty to charges made against them in the Criminal Court today.

    Each was stood down for sentence by Mr Justice Wolff.

    Owen Arthur Sheridan and Lawrence Charles Taylor were charged with having broken and entered Caris Bros, Kalgoorlie, and stolen a number of wedding rings.

    They were also charged with having broken and entered a dwelling house at Claremont on July 20.

    Both were handed long lists of previous convictions, which they said were correct.

    “I haven’t counted them, there are so many,” remarked the Judge.

    Walter Scott pleaded guilty to a charge of perjury arising out of the trial before Mr Justice Dwyer last month of Howard Ladner when Scott gave evidence for the defence.

    Two charges of gross indecency were admitted by soldier Arthur Dredge, for whom counsel Mr K Drake Brockman made a plea for leniency.

    He said that Dredge had no home life, no wife or children. He had an unblemished military record in this and the last war.

    Commander Officer Major Eric Isaachson testified to Dredge’s good character and the respect in which he was held by members of his unit.

    Gross indecency was also admitted by Lionel Arthur Wear, for whom counsel Mr C Ewing pleaded.

    Mr Justice Wolff said that he intended having Dredge and Wear medically examined.

    Twenty-two-year – old Patrick Joseph Flanagan was charged with having, on July 28, broken, entered and stolen cigarettes, tobacco and chocolates from a shop at Fremantle.

    In pleading for leniency on the ground of Flanagan’s youth, counsel Mr F Curran said that drink was the cause of Flanagan’s trouble and that coming before the Criminal Court had “brought him up with a jolt.”

~ ~ ~ ~ ~

The West Australian, Wed 6 Sep 1944 ¹⁶

GROSS INDECENCY.
———◦———
GUILT ADMITTED.

    A soldier with a creditable record of service in this war and the last, Arthur Dredge, was brought before Mr Justice Wolff in the Criminal Court yesterday on two charges of having committed acts of gross indecency, with male persons.

    The prisoner, who pleaded guilty, was represented by Mr KE Drake-Brockman, who urged in extenuation that the accused had no home ties, and, moreover, had been flung at an over-early age into association with mature men, having enlisted during the last was at the age of 16 years.

    Dredge was remanded for sentence, as was Lionel Arthur Wear, who admitted having committed an act of gross indecency with a male person.

    Various personal troubles, including persistent ill-health, which had befallen the accused during the past few years, were emphasised by Mr C Ewing as reasons why Wear should be treated with leniency.

    The Judge said that before sentencing either of the accused, he would like to have them medically examined. The Crown advocate (Mr GB D’Arcy) said that he would arrange this to be done, and the medical reports would be sent on for the Judge’s perusal.

~ ~ ~ ~ ~

The Daily News, Wed 27 Sep 1944 ¹⁷

MEN GAOLED
FOR INDECENCY

    Two men “with whom nature had not been altogether kind” were sentenced totals of 12 months and 18 months’ hard labour respectively by Mr Justice Wolff in the Criminal Court today.

    They were middle-aged Lionel Arthur Wear and soldier Arthur Dredge, who had both admitted charges of gross indecency.

    Charge against Wear concerned an adult male. Two charges against Dredge were in connection with offences against boys.

    Both had been medically examined, and both, said the Judge, were capable of exercising some kind of control and knew that they had done wrong.

    Wear was sentenced to 12 months’ gaol. Dredge, whose crime, being concerned with young boys, was more serious, was sentenced to 18 months on each charge, to be served concurrently as the two indictments related to the same set of circumstances.

~ ~ ~ ~ ~

The West Australian, Thu 28 Sep 1944 ¹⁸

RETRIBUTION.
———◦———
HOUR OF RECKONING.
————
TEN MEN SENTENCED.

    Ten criminals, guilty of various serious offences, were brought before Mr Justice Wolff to hear his assessment of the penalties for their misdeeds, in the Criminal Court yesterday.
…
    pleading guilty to a charge of having committed an act of gross indecency with a male person, Lionel Arthur Wear was sent to gaol for 12 months. “It can be said that you are a person to whom nature has not been altogether kind,” observed the Judge, “but it can not be said that you were unable to control your actions.”

 

Kalgoorlie Miner, Mon 2 Oct 1944 ¹⁹

CRIMINAL COURT
———◦———
HOUR OF RECKONING
————
Ten Men Sentenced

    Perth, Sept 28.—Ten criminals, guilty of various serious offences, were brought before Mr Justice Wolff to hear his assessment of the penalties for their misdeeds in the Criminal Court yesterday.
…
    A soldier with a creditable record of service in this war and the last, Arthur Dredge, admitted two charges of having committed acts of gross indecency with two boys. The judge said that the prisoner had been medically examined, and it appears that, although he was a person who had been somewhat unfortunate in the way nature had endowed him, he was fully capable of appreciating the wrongness of his acts. He would be sentenced to imprisonment for 18 months on each charge, the terms to be concurrent.

    Pleading guilty to a charge of having committed an act of gross indecency with a male person, Lionel Arthur Wear was sent to gaol for 12 months. “It can be said that you are a person to whom nature has not been altogether kind,” observed the judge, “but it cannot be said that you were unable to control your actions.”

 

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Lionel Arthur Wear and James Hedley Roseveare, 1945

 
The Daily News, Sat 4 Aug 1945 ²⁰

CRIMINAL COURT

…
    Others listed for appearance next week are:
…
    Sex offences are alleged against four—James Sangster, charged with gross indecency; Lionel Arthur Wear and James Hedley Roseveare, gross indecency; Charles Leslie Green, unlawful carnal knowledge; and George Edward Hawke, charged with rape.

~ ~ ~ ~ ~

The West Australian, Fri 10 Aug 1945 ²¹

TWO MEN CONVICTED.

    Lionel Arthur Wear and James Hedley Roseveare appeared before Mr Justice Wolff and a jury in the Criminal Court yesterday on a charge of having committed an act of gross indecency with one another in a public convenience situated a few yards east of the Supreme Court building, Perth. Roseveare pleaded guilty, and was remanded for sentence. Wear denied the charge, but was convicted by the jury and remanded for sentence also.

~ ~ ~ ~ ~

The Daily News, Wed 22 Aug 1945 ²²

SEX OFFENDERS
GAOLED

    Four sex offenders were sentenced by Mr Justice Wolff in the Criminal Court today.

    One, 25-year-old James Hedley Roseveare, is to be detained at the Governor’s pleasure, and in view of his antecedendents, [sic] will receive curative treatment until he has recovered from “his peculiar mental state, if it is such.”

    Roseveare had pleaded guilty to an act of gross indecency.

    Jointly charged with Roseveare, was 52-year old Lionel Arthur Wear, who was today sentenced to three years’ imprisonment with hard labour and then detention in a reformatory prison at the Governor’s pleasure.

    Said Mr Justice Wolff to Wear: Your case is very different from the other man’s

    “You were convicted of sodomy in a public air-raid shelter not so long ago. As far as you are concerned I don’t think it is a matter of not being able to control yourself, but just that you don’t try.”

    Forty-three-year-old Charles Leslie Green, convicted of unlawful carnal knowledge of a 16-year-old girl, was sentenced to two years’ imprisonment with hard labour, to be cumulative on his current sentence of four months which he is serving on an unlawful possession conviction.

    He could see no reason for a medical examination in this, said Mr Justice Wolff. Green’s general reputation was not very good, and he had several previous convictions for minor offences

    (Mr H Walker for the Crown.)

~ ~ ~ ~ ~

The West Australian, Thu 23 Aug 1945 ²³

RETRIBUTION.
———◦———
ELEVEN OFFENDERS GAOLED.

    Eleven wrongdoers were dealt with by Mr Justice Wolff in the Criminal Court yesterday. The prisoners were as follows, the nature of the offence being stated in parentheses in each instance:
…
    Lionel Arthur Wear (gross indecency). Sentence: Three years’ imprisonment, with hard labour, and detention thereafter in a reformatory prison during the Governor’s please.

    James Hedley Roseveare (gross indecency). Sentence: Detention during the Governor’s pleasure, medical treatment to be administered if deemed advisable.

~ ~ ~ ~ ~

Mirror, Sat 25 Aug 1945 ²⁴

28YEARS IN ALL
FOR ILL-DOERS

    Sentences totalling 28 years were passed by Mr Justice Wolff in the Criminal Court during the week when 11 offenders came before him for their final court appearances.
…
    Lionel Arthur Wear 3 years’ hard labor, and detention thereafter during the Governor’s pleasure, for gross indecency; James Hedley Roseveare was ordered to be detained during the Governor’s pleasure on a similar charge. Medical treatment was ordered if thought advisable.

 

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¹     The Sydney Morning Herald, Fri 18 Oct 1912, p. 4.

²     The Sydney Morning Herald, Wed 14 Apr 1926, p. 11. Emphasis added.

³     The Daily Telegraph, Thu 15 Apr 1926, p. 2.

⁴     The Sun, (Sydney, NSW), Thu 15 Apr 1926, p. 23.

⁵     The Sydney Morning Herald, Thu 15 Apr 1926, p. 5.

⁶     The Daily Telegraph, Fri 16 Apr 1926, p. 9.

⁷     The Sydney Morning Herald, Fri 16 Apr 1926, p. 8.

⁸     SRNSW: NRS2467, [3/6116], State Penitentiary photographic description book, 30 Dec 1925-2 Jun 1926, No. 21549, p. –.

⁹     SRNSW: NRS2467, [3/6116], State Penitentiary photographic description book, 30 Dec 1925-2 Jun 1926, No. 21550, p. –.

¹⁰   The Sydney Morning Herald, Tue 26 Oct 1926, p. 8. Emphasis added.

¹¹   The Sydney Morning Herald, Wed 27 Oct 1926, p. 11.

¹²   The Sydney Morning Herald, Wed 22 Jun 1927, p. 12.

¹³   The West Australian, Wed 9 Aug 1944, p. 2.

¹⁴   Mirror, (Perth, WA) Sat 12 Aug 1944, p. 9.

¹⁵   The Daily News (Perth, WA), Tue 5 Sep 1944, p. 8. Emphasis added and in original text.

¹⁶   The West Australian, Wed 6 Sep 1944, p. 6. Emphasis added.

¹⁷   The Daily News (Perth, WA), Wed 27 Sep 1944, p. 2. Emphasis added and in original text.

¹⁸   The West Australian, Thu 28 Sep 1944, p. 7.

¹⁹   Kalgoorlie Miner (WA), Mon 2 Oct 1944, p. 4. Emphasis added.

²⁰   The Daily News, (Perth, WA) Sat 4 Aug 1945, p. 16. Emphasis added.

²¹   The West Australian, Fri 10 Aug 1945, p. 5.

²²   The Daily News, (Perth, WA) Wed 22 Aug 1945, p. 15. Emphasis added and in original text.

²³   The West Australian, Thu 23 Aug 1945, p. 7.

²⁴   Mirror, (Perth, WA) Sat 25 Aug 1945, p. 7.

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