Barrier Miner, Tue 7 Jun 1904 1
In the Police Court this morning, Mr Stevenson presiding, Christina Callaghan, who was yesterday fined for drunkenness and allowed to go and look for the money to pay the amount, but got gloriously drunk instead, and was taken off the tramline by a constable to save her from being run over by a tram, was fined another 20s or 14 days. Mary Ann Clark, drunkenness, was fined 20s or seven days, and James O’Shannessy 5s or 24 hours. Two first offending drunks were leniently dealt with. Arthur Gardiner was charged with wilfully and obscenely exposing himself in Blende-lane. Mr JR Edwards appeared for the defence, and on his application a remand till Thursday was granted.
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Barrier Miner, Fri 10 Jun 1904 2
OFFENCE AGAINST DECENCY
Arthur [or Arthur Phillip] Gardiner, a young married man, was to-day, in the Police Court, before Mr Stevenson, PM, called upon to answer a very serious charge—that of wilfully and obscenely exposing himself in view of a public place, to wit, Blende-lane, at Broken Hill, on June 7. Accused was defended by Mr JR Edwards. According to the evidence of Constable [James W] Wilt, complaints had been made about the conduct of accused by one of his neighbors, a maiden lady, whose windows overlooked accused’s yard, and the constable went to the woman’s house on Tuesday morning last to watch accused. At about 7.30 the constable saw accused come out into his yard with his clothes disarranged and remain for some time within view of the neighbor’s windows. When accused left home later on to go into town the constable followed and arrested him. On being charged at the police station accused asked. “Do you think that if I could get out and get down there, there would be any chance of squaring these people?” The constable replied, “No; I don’t think there is any chance of squaring them. I was there watching you myself.”
John Haby, a miner, who with his sister was living at the house of the woman who laid the complaint, corroborated the constable’s statement. The police said that accused had previously borne an irreproachable character.
In defence, accused swore that he had had no intention of exposing himself or annoying his neighbors in any way. The house where the alleged offence took place was being finished for him to bring his wife into, and he only slept there by himself at night.
Robert Scott Gregory, commercial traveller, said he had lived next door to accused, and had never observed any unseemly conduct on his part.
Oscar Radestock also gave evidence as to accused’s previous good character.
The PM said the case was a very painful one, but he had no doubt in his own mind as to accused’s guilt. He would be sentenced to two months’ hard labor, sentence to be suspended under the provisions of the First Offenders’ Act on accused finding sureties to be of good behavior for 12 months—self in £20 and two of £10 each.
1 Barrier Miner, Tue 7 Jun 1904, p. 4. Emphasis added.
2 Barrier Miner, Fri 10 Jun 1904, p. 1. Emphasis added.