Ivan Llewellyn BROADBENT [7635]

  General Notes:

1893 NSW Birth 8445/1893 BROADBENT IVAN L WALTER MARTHA A BROKEN HILL
1938 SA Death 603/2609 BROADBENT Ivan Llewelyn undefined Norwood
Cemetery: Payneham BROADBENT Ivan L undefined 1938; Death Date: 27 Jun 1938; Notes: Born 5 Apr 1893


Barrier Miner (Broken Hill) Tuesday 10 September 1918
ALLEGED GRIEVOUS BODILY HARM.
CHARGE AGAINST A STEPSON.
DEFENDANT FINED £6 14/.
In the Police Court to-day, before Mr. W. Le Brun Brown, S.M., Ivan Llewellyn Broadbent (25), described as a laborer, on bail, was charged that on August 31 he did inflict grievous bodily harm on Thomas James Hosking. Mr. W. P, Blackmore appeared for the prosecutor, and Mr. J. R Edwards for the defendant.
The magistrate: On the medical evidence given last week, I suggest that the charge might be reduced.
Mr. Blackmore: If you hear the evidence you will see that violence was used.
The magistrate: Very well.
Thomas James Hosking deposed that he was the prosecutor in the case; prosecutor was a returned soldier; the defendant was his step-son; on August 31 he returned to his home in Wills lane, Railway Town, with a man named May; he went in to get his clothes and his wife started wrangling with him because he did not sign a separation deed; they had words and she called her two sons, whereupon prosecutor ran away; the defendant followed him down the lane, and a brother, Lionel, also came out in search of him; prosecutor, jumped on the step of the cab to get in when the defendant struck him on the arm; defendant dealt him a smashing blow on the forearm while he was holding on to the cab; prosecutor said "He's broken my arm"; the arm had been broken in two places by a gunshot wound received in France: prosecutor had five wounds on his body; prosecutor gave the defendant no provocation at all; a man named May was in the cab at the time his arm was broken by the defendant; prosecutor had had a few glasses of shandy during the day; after prosecutor was struck on the arm the defendant again struck him on the back; prosecutor went off in a faint and the cab was driven to Mr. Whinnen's place.
To Mr. Edwards: Prior to the assault, the defendant had belted him; defendant had belted him prior to the prosecutor going to the war in February, 1917; prosecutor was in Mitcham camp prior to leaving for the front; Lieutenant Fletcher was his commanding officer; defendant and prosecutor had been good friends for 16 or 17 months; the prosecutor came back from the war last May; defendant hit him without the least cause; on August 29 prosecutor was in Mr. Edwards' office to sign a deed of separation; prosecutor was not drunk; he promised to return at 2.30 p.m., but did not do so; he suffered from shell shock, and people thought he was drunk; prosecutor was never in the "clink" for drunkenness, and he had never deserted; he was ordered to embark, and he missed the boat; he was arrested and locked up for that; he was not put on board the transport; in February, he marched on board; before he went to the war defendant did not hit him because prosecutor was beating defendant's mother; on August 31 he did not hit his wife on the face and knock her down; defendant did not jump over his prostrate mother in order to get at prosecutor; without any provocation except that he called his wife a liar, the defendant struck him; he did not knock his wife down in the back yard; prosecutor knew a man named Bray, who was a neighbor; on August 29 he saw Bray and told him he was leaving his wife because he could not stand her youngest son always "chipping in"; he did not tell Bray he was going to buy a revolver, and shoot the lot, and that it would be the biggest murder ever heard of in Wills-lane; prosecutor could not load a revolver, much less fire it; he could not fire a popgun; prosecutor often refused drinks; when he went to his home on September 3 he asked his wife to make things up, and he would sign an order never to drink again; he did not offer to withdraw the present case; it was hard when two sons "bossed" the house; the house belonged to his wife he did not say to his wife that his brothers were prompting him to tab action, May did not pull him into the cab while defendant had hold of his waist.
Re-examined by Mr. Blackmore prosecutor said his money was collected by his wife while he was at the front she also received a pension of 15/ a week through his incapacity.

Albert Arthur May deposed that when Hosking went to get into the cab at about the end of Wills-lane, the defendant ran up and struck him couple of blows, one on the arm and one on the back; witness caught Hosking by the shoulder and helped him into the cab.
To Mr. Edwards: Witness caught Hosking by the shoulders and helped him into the cab; the defendant was not pulling Hosking, he was hitting him.
To the magistrate: Hosking did not fall into the bottom of the cab with the defendant on top of him.
William Francis Whinnen depose that on the night of August 31 he noticed a cab come out of Wills-lane and Hosking running towards the cat he heard a man call out, "Get in there Tom," and he recognised May's voice he stood still, and noticed two me following Hosking; he saw the defendant rush at Hosking, heard a thump and then Hosking's exclamation "He's broken my arm;" witness then went homes where he saw Hosking, Hosking's arm was broken; May and Hosking had had a few drinks, but were not drunk.
To Mr. Edwards: Witness was 20 to 30 yards ahead of the cab, and he had the cab and the horses to obstruct his view of what happened at the back of the cab; he had a side-on view of what happened.
This closed the case for the prosecution.
The magistrate: I am going to reduce the charge to one of common assault:
Mr. Blackmore pointed out that Hosking's arm was broken by the defendant when the prosecutor was not committing any breach of the peace There was, he said, either a prima facie case of grievous bodily harm or actual bodily harm. He asked that the charge be not redacted to one of common assault.
Mr. Edwards : Is there any jury that would convict the defendant of inflicting either grievous or actual bodily harm?
The magistrate: I am satisfied, and I am going to reduce the charge to that of common assault. There is no doubt in my mind that a common assault has
been committed.
Defendant was then charged with having unlawfully, assaulted Hosking and he pleaded not guilty.
Mr. Edwards: I now ask for an adjournment until 2.30 o'clock, as I am not prepared to call evidence now.
The magistrate adjourned the court until 2.30 o'clock, the defendant being allowed bail in £10.
On the case being resumed at 2 o'clock, the defendant deposed that he had been rejected for military service; since his step-father's return from France in May last, up till August 31, their relations had be friendly enough; on August 31, about 7 p.m., the prosecutor came to defendant's mother's house and said "Mart (meaning his wife) I want my few clothes;" Mrs. Hosking said "Very well, there they are;" the prosecutor commenced swearing at defendant's mother; he said he would tip defendant and his brother out of the house; prosecutor called his mother outside, and defendant did not know what happened then; Hosking came inside again and began swearing; he went out again, and defendant heard Hosking say "Stump, Stump," and then heard his mother say, "Ivan, oh boys; the defendant then ran outside and saw his mother on the ground; he jumped over her, and went after Hosking; he saw Hosking get on to the step of a cab, and he caught hold of him near the shoulder; May said, 'I'll bottle you, you look out when you go in the street;" defendant did not strike Hosking on the arm or on the back; defendant was going to arrest Hosking and take him to the Police Station for assaulting his wife (defendant's mother); defendant, did not offer any violence or force to the prosecutor; the prosecutor was nearly drunk and in a very quarrelsome mood when he came to the house; on September 3 Hosking came to the House and said, "Where's your mother?" and defendant said, "She's gone out and I don't know how long she will be;" defendant's mother came in soon after, and the prosecutor said "Mart, I want to come back, and I won't drink any more; you can put me under the Blackfellows Act; I will withdraw the case; defendant's mother said, "No. I will not take you back;" defendant said, "No, you have done in your chance, you have had chance enough."
To Mr. Blackmore: Defendant was told he would be all right for military service if he underwent an operation for varicose veins; he underwent the operation, and was again rejected; he then joined the South Australian police force, but he left it after 18 months' service; he knew his step-father had been wounded in the arm and about the body; the "prosecutor did not suffer from shell shock; the prosecutor did all the nagging; defendant knew that the prosecutor was not fit for work; defendant did not hear the prosecutor say "He's broken my arm;"
Martha Oates Hosking deposed that she was the wife of the prosecutor and mother of the defendant; and had been married to Hosking a little over four years; her husband was not a sober steady man; on August 29, when witness went to Mr. Edwards's office to arrange for a deed of separation her husband arrived drunk; she next saw her husband on August 31 at her house at about 7 p.m.; he called his sons all kinds of names, and hit witness on the side of the head and knocked her down; witness then call her boys, and they both came out and went after Hosking; on September 3 her husband begged her to take him back and save him from the gutter witness had had enough of him and told him she had given him one chance too many.
To Mr. Blackmore: Witness had never told her husband that she wish he was blown to pieces so long as she got his money; on August 29 her son Lionel did not threaten to knock her husband's head off; the terms of the separation were that witness was prepared to pay the expenses of the separation and also to receive the 15/ a week pension which she now receive; her husband was receiving a pension of 30/ a week'; her husband had not done the washing for her boys; he had done the cooking sometimes; her husband did not suffer from shell shock; she would do anything for her husband if he was a proper fellow; her happiest moments had been with her sons; she did not put her sons before her husband.
Mr. Blackmore: You put your sons, who will not go to the war, before your husband, who did go to the war?
The magistrate: Mr. Blackmore, you must not do that. You were slinging off this morning at this boy for being a cold-footer, and the evidence now shows that he was turned down for military service on two occasions.
Mr. Blackmore: But he was accepted for the police.
The magistrate: That has nothing do with it. He has done his best to enlist and fight for his country I will not allow it to continue.
Lionel Walter Broadbent deposed that he had been rejected by the military authorities; he then corroborated the evidence given by the defendant.
This closed the case for the defence.
The prosecutor recalled, deposed that it was not true that he struck his wife on August 31.
Constable William John Butler deposed that on August 31 at 10.15 pm. he saw Hosking; Hosking was then sober.
The magistrate: The young men who would stand being called names like the prosecutor called them, and who would stand by and see their mother knocked down, and would not chase a man who knocked her down, would not be worthy of being called men. Certainly defendant had broken the law, but he could understand him doing it. An assault has been committed, but there is mitigation in what led up to it. Defendant will have to pay £1 1/ medical expenses, £1 10/ witnesses fees, £3 3/ professional costs, and a fine of £l; total, £6 14/- in default, a month's hard labor.

  Research Notes:

The Advertiser Tuesday 27 June 1938
Death Notice:
BROADBENT. -In loving memory of our dear son and brother Ivan, who fell asleep on the 27th of June, 1938. A patient sufferer called to rest. Loved in life, treasured in death. A beautiful memory is all we have left. -Inserted by his loving mother and brother Lionel.


The Advertiser Tuesday 28 June 1938
Death Notice:
BROADBENT.-On the 27th of June, at his residence, Salter street, Kensington, Ivan Llewelyn, beloved husband of Winifred Mary Broadbent, and loving father of Alan, age 45.
Funeral Notice:
BROADBENT.- THE FRIENDS of the late Mr. IVAN LLEWELYN BROADBENT are informed that his Remains were Removed from his late Residence, 16 Salter street, Kensinston, and peacefully laid to rest in the Payneham Cemetery. Rev. W. A. Dunn officiating. W. Noal, Undertaker, 200 Parade, Norwood; 268 Unley rd., Unley, Phones F5109. U4044.

Ivan married Winnifred Mary MILLER [7636] [MRIN: 2686], daughter of John Gill MILLER [7639] and Catherine [7640], in 1920 in New South Wales, Australia. (Winnifred Mary MILLER [7636] was born circa 1897 in New South Wales, Australia, died circa 1991 and was cremated in Ashes scattered at Enfield Cemetery, South australia.)