Warning: count(): Parameter must be an array or an object that implements Countable in /nfs/c07/h03/mnt/178353/domains/unfitforpublication.org.au/html/plugins/system/gantry/gantry.php on line 406
1883, Frederick Mildwater - Unfit For Publication
Text Size

 

Evening News, Mon 17 Sep 1883 1

A CASE FOR THE FLOGGER.

    At the Water police court this morning, a carpenter, was charged with using indecent language on board the steamer Glenelg yesterday during the noon trip from Manly to Sydney. He was further charged that, at the same time and place, he indecently exposed himself to a number of ladies. It appeared from the evidence that the accused, who was in a drunken condition, went into the ladies cabin, and there having disarranged his trousers, proceeded to act and talk in such a grossly disgusting manner that the ladies present had to stop their eyes and ears with their pocket handkerchiefs. The accused was with difficulty removed and fastened to the forecastle, his language meanwhile being utterly beyond description. When the captain and others tried to adjust his dress he resisted violently, and seemed desirous of prolonging with force, if necessary, his obscene exposure. Mr Marsh, SM, said this was one of those cases contemplated by the Legislature, which had provided very severe punishment on conviction of offenders. He should put the case back until 2 o’clock for the attendance of another magistrate, in order that the case might be adequately dealt with. He thought the case was one affecting the whole community, and that should be taken into the serious consideration of the bench. Accused, who admitted his guilt, and practically had nothing to say in extenuation, was remanded accordingly.

~ ~ ~ ~ ~

Evening News, Tue 18 Sep 1883 2

REVOLTING CONDUCT.
————
SENTENCE OF WHIPPING.
————

    Yesterday afternoon Messrs Buchanan, Marsh,, and Addison, SM’s, took their seats on the bench at the Water police court for the purpose of adjudicating on the case of Fredk Mildwater, whose disgusting behaviour on board the steamer Glenelg while no the passage on Sunday from Manly to Sydney was fully detailed in yesterday’s issue. The charges were indent language and indecent exposure to a large number of ladies in the cabin of that vessel. The case having been fully proved, and accused having nothing to say, Mr Buchanan said that the Criminal Law Amendment Act empowered them to whip in cases like this.. The action of Mr Marsh in adjourning the case for the assistance of other magistrates to enable them to carry out the powers of the law, was a most wise and prudent one, for certainly, in all the experience of the bench, any more abominable conduct never came before them, or, indeed, any bench. If a man had studied how he might make himself the most disgusting, he could have invented nothing worse. The bench had great powers, and was proportionately careful how it exercised them. This was the first case in which they had thought fit to carry out the powers, and the bench would be wanting in a sense of duty and firmness of purpose if they did not make an example of prisoner. It was their duty to punish, and punish severely. For the indecent language prisoner would be detained in the watch-house, Woolloomooloo, and at noon on Tuesday he would receive 24 strokes with the instrument provided by Government for that purpose. For the second offence, the indecent exposure (for which they might also have inflicted whipping) he would be imprisoned in Darlinghurst gaol for six months, with hard labour.

————
THE FLOGGING.

    The first sentence of corporal punishment under the new Criminal Law Act was carried out at the Woolloomooloo police station at noon-to-day. There were present the inspectors of police and other officers of the force: also Dr Egan, who was in attendance professionally as medical officer on the occasion. Frederick Mildwater, the prisoner, is a man about 30 years of age, and is said to have a wife and children. He is about the medium height, and well build, but not stout or particularly muscular. At noon precisely he, being stripped to the waist, was brought into the yard, where the ominous-looking triangle structure stood ready to receive him. He looked ashy pale, but his demeanour was determined, and he walked firmly up to the place, where he was tied up in the usual way. Then the lash was laid on vigorously. After about six strokes of the cat had been administered, the appearances of punishment began to show up painfully, and as the seventh stroke was laid on the unfortunate man spoke, or rather moaned out the words, “Oh, don’t. Oh, don’t.” After this he made no complaints, and scarcely uttered a sound, but it was evident that he suffered terribly. Long before the allotted number of lashes had been given the prisoner’s back was ridged with bruises, black and blue, with here and there a dark red stain that told of terrific irritation. And finally, when the active punishment was over (for the actual suffering in such cases must continue for a weary time) the man’s back was almost raw, and presented a truly sickening spectacle. Mildwater appeared faint and ill, when he was cut down; but he was able to walk away, and did so. He was afterwards removed to Darlinghurst, where he has to do a term of six months’ imprisonment, with hard labour.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 18 Sep 1883 3

————
WATER POLICE COURT.

    Mr Marsh, SM, sat in the Charge Court, and Mr Buchanan, SM, in the Summons Court yesterday.

    Frederick Mildwater, aged 34, who described himself as a carpenter. He was charged in the first place with having used obscene language on board the passenger steamer Glenelg whilst it was open to the public, and in the second place with wilful indecency. The cases were initiated by Mr Marsh, SM, in the morning, but as they were of such an aggravated nature he decided to adjourn them both for the attendance of a second magistrate, when the whipping clause of the new Criminal Law Amendment Act, could be enforced if desirable. The circumstances connected with the case as given in evidence were to the effect that the prisoner was a passenger by the Glenelg on Sunday from Manly to Sydney, the vessel leaving the former place at 12.15. There were about 200 passengers on board, including a large number of women and children. When the passage had been about half completed, the master of the steamer, James Conway, who was on deck, was informed that a man was misconducting himself in the saloon. He immediately proceeded below, and there found the prisoner, with his clothing disarranged, and in the presence of a number of women and children behaving himself in a most abominable and filthy manner, in addition to using language of a most disgusting and horrible type. He spoke to the prisoner, who appeared to be suffering slightly from the effects of drink, and he asked him to accompany him on deck. The prisoner refused to do so, and the captain knocked him down, and, with assistance, arranged his clothing and took him forward, where he kept him until the steamer arrived at Sydney. He was then handed over to the police. During the whole time the prisoner incessantly made use of most filthy language, and struggled violently when the captain attempted to secure him. In reply to the Bench, the prisoner said that he had no recollection of what had taken place. He pleaded guilty, however, to both charges. Mr Buchanan, in passing sentence on behalf of the Bench, addressed the prisoner thus: “The first of the two charges against you, to each of which you have pleaded guilty, is that of having made use of obscene language on board the passenger steamer Glenelg whilst open to the public. My brother magistrate, before whom the case was initiated, deeming it to come under the clause in the new Criminal Law Amendment Act, which empowers magistrates to order a whipping, adjourned it for the attendance of a second magistrate, so that that clause might be enforced if thought fit. The Bench look upon this action as a very wise and prudent one. In all their experience, more filthy and disgusting language, or more abominable conduct never came before them. Were it possible for a person to sit down quietly and privately and propose to himself a course of action which might be abominable, disgusting, and filthy, he could not have done anything worth than what you have been guilty of. The Bench has been extremely careful in the matter of putting into force the great powers placed in their hands by the Legislature, and up to the present time the whipping clause of the new Act has not been put into force. You will therefore be the first subject upon whom the Bench will exercise their powers in that direction. I myself think, and my brother magistrates are also of opinion, that we would be wanting in firmness of purpose, and altogether undeserving of the trust reposed in us, if we did not make an example of you.” For the first offence the prisoner was then ordered to be detained in the lockup at Woolloomooloo for 48 hours, and at noon on the following (this) day to privately received 24 strokes by the instrument provided by the Government for that purpose. For the second offence, which Mr Buchanan characterised as the worse of the two, the prisoner was sentenced to six months’ imprisonment, with hard labour, in Darlinghurst Gaol.

~ ~ ~ ~ ~

Australian Town and Country Journal, Sat 22 Sep 1883 4

REVOLTING CONDUCT.
————
SENTENCE OF WHIPPING.

ON Monday last Messrs Buchanan, Marsh, and Addison, SM’s, took their seats on the bench at the Water police court for the purpose of adjudicating on the case of F Mildwater, charged with disgusting behaviour on board the steamer Glenelg while on the passage on Sunday from Manly to Sydney. The charges were indecent language and indecent exposure to a large number of ladies in the cabin of that vessel. The case having been fully proved, and accused having nothing to say, Mr Buchanan said that the Criminal Law Amendment Act empowered them to whip in cases like this. In all the experience of the bench, any more abominable conduct never came before them, or, indeed, any bench. If a man had studied how he might make himself the most disgusting, he could have invented nothing worse. The bench had great powers, and was proportionately careful how it exercised them. This was the first case in which they had thought fit to carry out the powers, and the bench would be wanting in a sense of duty and firmness of purpose if they did not make an example of prisoner. It was their duty to punish, and punish severely. For the indecent language prisoner would be detained at the watch-house, Woolloomooloo, and at noon on Tuesday he would receive 24 strokes with the instrument provided by Government for that purpose. For the second offence, the indecent exposure (for which they might also have inflicted whipping) he would be imprisoned in Darlinghurst gaol for six months with hard labour.

————
THE FLOGGING. 

    The first sentence of corporal punishment under the new Criminal Law Act was carried out at the Woolloomooloo police station last Tuesday. There were present the inspectors of police and other officers of the force, also Dr Egan, who was in attendance professionally as medical officer on the occasion. Frederick Mildwater, the prisoner, is a man about 30 years of age, and is said to have a wife and children. He is about the medium height, and well built, but not stout or particularly muscular. At noon precisely he, being stripped to the waist, was brought into the yard, where the ominous-looking triangle structure stood ready to receive him. He looked ashy pale, but his demeanour was determined, and he walked firmly up to the place, where he was tied up in the usual way. Then the lash was laid on vigorously. After about six strokes of the cat had been administered, the appearances of punishment began to show up painfully, and as the seventh stroke was laid on the unfortunate man spoke, or rather moaned out the words, “Oh, don’t. Oh, don’t.” After this he made no complaints and scarcely uttered a sound, but it was evident that he suffered terribly. Long before the allotted number of lashes had been given the prisoner’s back was ridged with bruises, black and blue, with here and there a dark red stain that told of terrible irritation. And finally, when the active punishment was over (for the actual suffering in such cases must continue for a weary time) the man’s back was almost raw, and presented a truly sickening spectacle. Mildwater appeared faint and ill, when he was cut down; but he was able to walk away, and did so. He was afterwards removed to Darlinghurst, where he has to do a term of six months’ imprisonment, with hard labour.

~ ~ ~ ~ ~

The Sydney Morning Herald, Mon 30 July 1894 5

FUNERALS.


THE FRIENDS of the late FREDERICK MILDWATER are kindly invited to attend his Funeral; to move from his late residence, 68 Denison-street, Woollahra. TO-MORROW (Tuesday) MORNING, at 9 o’clock, to Waverley Cemetery.

Chas Kinsela, Undertaker,
116 Oxford-street, near Crown-street;
and 78 Darlinghurst-road, Darlinghurst

————

THE FRIENDS of Mr G HELLINGS are respectfully invited to attend the Funeral of his late Father-In-Law, Mr F Mildwater; to move from his late residence, 68 Denison-street, Woollahra, on TUESDAY, 31st July, at 9 o’clock, for Waverley Cemetery.

————

ST JOHN'S Lodge, No. 38, PAFS of A.—Members of the above kindred lodges are invited to attend the Funeral of our late Brother, FREDERICK MILDWATER; to move from his late residence, Denison-street, Woollahra, at 9 o’clock of TUESDAY MORNING, for Waverley Cemetery. Wiley, WM; Pring, secretary.

~ ~ ~ ~ ~

The Sydney Morning Herald, Mon 29 July 1895 6

IM MEMORIAM.


MILDWATER.—In loving memory of Frederick Mildwater, who departed this life July 29th, 1894. Inserted by his loving wife and daughters. Gone, but not forgotten. 

 


1  Evening News, (Sydney, NSW), Mon 17 Sep 1883, p. 2.

2  Evening News, (Sydney, NSW), Tue 18 Sep 1883, p. 3.

3  The Sydney Morning Herald, Tue 18 Sep 1883, p. 5. Emphasis added.

4  Australian Town and Country Journal, Sat 22 Sep 1883, p. 545.

5  The Sydney Morning Herald, Mon 30 Jul 1894, p. 8.

6  The Sydney Morning Herald, Mon 29 Jul 1895, p. 1.