The Bathurst Times, Mon 9 May 1921 1
SIX MONTHS’ GAOL
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A REVOLTING CASE.
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ELDERLY MAN AND CHILDREN
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1924. Image: NSW State Library collection. Reproduction: Peter de Waal
Revolting revelations were made at the Bathurst Police Court this morning when an elderly and unkept man named David Kenny (55), was charged with, being a rogue and a vagabond, wilfully and obscenely exposing himself on April 5, in King-street, South Bathurst.
Mr FWC Crane, SM, occupied the Bench.
Inspector Campbell conducted the prosecution and accused was undefended.
Plain Clothes Constable [Ernest Alfred] Rhall stated that at 11 am on April 5, in company with Sergt Dunne he apprehended accused on the Esrom road. He told him that he answered the description of a person who had exposed himself before children on the previous afternoon. Accused replied that he had been drunk and didn’t know anything about it. Witness took accused to the South Bathurst public school where he was identified by three children. Witness then took accused and one of the girls to a bridge in King-street, and the girl pointed out a place where she had been sitting with accused.
The Magistrate: How old was this girls?—Eight years.
Witness stated that he next took one of the other children, a boy, to the place and the boy stated that he had seen the occurrence detailed by the little girl.
The SM: I think you should go further with this charge Mr Campbell.
Witness added that the girl also explained to him things that accused had done to her.
The SM: Was accused present?—No.
Did the boy see what the girl described?—No, he said he could not see what accused did.
In reply to Mr Crane, Sergt Dunne and Constable Rhall assured the Magistrate that the girl was of weak intellect and would be of no avail as a witness on a more serious charge.
In sentencing accused, who pleaded guilty, to six months’ hard labor, Mr Crane told him he was lucky a more serious charge had not been laid against him.
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The National Advocate, Tue 10 May 1921 2
BETTER IN GAOL
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SIX MONTHS’ FOR EXPOSURE
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David Kenny, 55 years of age, was charged at the Bathurst Police Court yesterday morning under the Vagrancy Act , with being a rogue and vagabond in that he committed an act of wilful exposure before some school children at South Bathurst on the 4th April. The accused pleaded guilty, but said he had been drinking and did not remember anything about the alleged offence.
Plain Clothes Constable Rhall said that on the 5th April, in company with Senior-Sergeant Dunne, he saw the accused and told him that he answered to the description of a man who was reported to have committed an act of exposure before a party of children returning home from school on the previous afternoon at the bridge over the creek in King Street South Bathurst. Accused replied that he was drunk, and remembered nothing.
They took the accused to the South Bathurst Public School where he was identified by three children. He was then taken with the children to the creek. A girl, eight years of age identified Kenny as the man who had committed the offence. When asked what he had to say, he replied “Nothing, I don’t remember being there.” Witness then took a boy, about ten years of age to the spot, and questioned him as to what he had seen the accused do. The boy described the alleged act of exposure. To this, the accused again replied that he did not know anything about it. A man who had been passing the bridge on the previous afternoon also identified Kenny as the man he had seen with the children. One of the children had stated that accused had interfered with one of the girls. At the police station, accused said he had had “a terrible lot of drink” and did not know what he had been doing but would plead guilty. One of the girls had been examined by a doctor, who found that she had not been interfered with.
Mr FWC Crane SM, who occupied the Bench told Kenny he was a very lucky man not to be charged with a much more serious offence.
The accused was sentenced to six months’ hard labor.
1 The Bathurst Times, Mon 9 May 1921, p. 2. Emphasis added.
2 The National Advocate, Tue 10 May 1921, p. 2. Emphasis added.