Short Family Tree

a global one name study on the history and genealogy of the short surname

Archibald Graham SMELLIE

Archibald Graham SMELLIE

Male 1871 - 1946  (74 years)

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  • Name Archibald Graham SMELLIE 
    Born 1 Oct 1871  Dumfries, SCOTLAND Find all individuals with events at this location 
    Gender Male 
    Emigration 5 Oct 1874  New South Wales, AUSTRALIA Find all individuals with events at this location 
    On board the "Tyburnia" 
    Criminal Notes 4 Jul 1888  Balmain, New South Wales, AUSTRALIA Find all individuals with events at this location 
    Apprehensions, &c.

    Archibald Smellie,charged with indecently assaulting Frances Cockton, a girl of the age of 13 years and 7 months, at BaImain, has been arrested by Constable Kavanagh, Sydney Police. Committed for trial at Quarter Sessions.  
    Criminal Sentance 15 Aug 1888  Sydney, New South Wales, AUSTRALIA Find all individuals with events at this location 
    Metropolitan Quarter Sessions

    Tuesday

    Before his Honor Mr. District Court Judge Forbes

    Archibald Smellie, a young man, pleaded guilty to an indictment charging him with having at Balmain on the 23rd June indecently assaulted Frances Cockton, a girl under the age of 14 years. The Crown Prosecutor stated that the prisoner had hitherto led a very respectable life, and it was thought that the ends of justice would be met if he were bound over to be of good behaviour for a term of three years. The prisoner was then bound over, himself in the sum of 20 pounds, and one surety of 20 pounds. 
    Criminal Sentance 21 Aug 1888  Sydney, New South Wales, AUSTRALIA Find all individuals with events at this location 
    Metropolitan Quarter Sessions

    Tuesday

    Before his Honor Mr. District Court Judge Forbes

    The Smellie Indecent Assault Case

    The youth Archibald Smellie, who had previously pleaded guilty to and indictment charging him with having committed an indecent assault, and who had been bound over to be of good behaviour for three years, and to appear for sentance when called upon, was brought before the Court.


    His Honor, addressing Smellie, who stood at the end of the table, said: When you were before the Court before, I dealt with you under a section of the Act which I had no right to deal with you under, because I misapprehended the information given me. I thought you were then under 16 years of age as you are a small youngster - and I dealt with you under the 882nd section of the Act. I subsequently found on inquiry that you were over 16 years of age, therefore I had no power to deal with you under the section named, and found it necessary that you should be made to appear as you have done today. Now I have to deal with you under another section, which enables me to deal with you pretty much the same as before; and not to keep you in suspense, I order you to be imprisoned till the rising of the Court at 1 o'clock, and that you also be bound over in the sum of 40 pounds, and find two sureties of 20 pounds each, to be of good behaviour for the period of three years, in default to be imprisoned for 12 months in Darlinghurst gaol. My reason for dealing with you in this manner is this, I have read the depositions with care, and in my opinion, if you had been tried, the probabilities are the jury would have acquitted you of the offence with which you are accused, and to which you pleaded guilty, because the assault, although it might be considered in the nature of an indecent assault, was clearly in my mind unaccompanied with any indecent or wicked intention, and was not of such a character as to require punishment at this court. I have had the depositions before me, have most carefully considered the case, and that is the impression in my mind. During the whole of the sessions of this Court I do not know of one single instance in which the jury found a verdict which I would not have found myself, and I feel convinced that, if the matter had gone to a jury, they would have acquitted you. In the future I hope you will avoid doing anything which will necessitate your coming before the Court in the way you have done on this occation.


    The accused was then ordered to be bound over, himself in 40 pounds and two sureties of 20 pounds each, to keep the peace and to be of good behaviour for three years, in default, to be imprisoned in Darlinghurst gaol for 12 months. The sureties were forthcoming, and the accused was bound over accordingly, the sureties being his father Alexander Smellie, bookbinder, of Weston-street, Balmain, and William Baxter, dairyman, of Bourketown. The accused was then accomodated with a seat in the court, and was detained in custody until 1 o'clock. 
    Died 5 Jul 1946  Canterbury, New South Wales, AUSTRALIA Find all individuals with events at this location  [1
    Notes 
    • Probate records are held at the State Records Office.

      Item number or control symbol: Series 4-318153
      Title: Archibald Graham Smellie - Date of Death 05/07/1946, Granted on 27/09/1946
    Person ID I7559  Short Family Tree
    Last Modified 19 Dec 2012 

    Father Alexander SMELLIE,   b. 25 Feb 1844, Gorbals, Lanarkshire, SCOTLAND Find all individuals with events at this location,   d. 20 Jan 1929, Granville, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 84 years) 
    Mother Annie GRAHAM,   b. 1844,   d. 1919, Balmain, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 75 years) 
    Married 4 Jun 1869  Hutchesontown, Glasgow, SCOTLAND Find all individuals with events at this location 
    Family ID F2369  Group Sheet  |  Family Chart

    Family Violet Amelia Blanche SKIPPER,   b. 23 Apr 1879, Parramatta, New South Wales, AUSTRALIA Find all individuals with events at this location,   d. 1 Apr 1951, Burwood, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 71 years) 
    Married 27 Apr 1904  Balmain South, New South Wales, AUSTRALIA Find all individuals with events at this location  [2
    Children 
     1. Violet Elizabeth SMELLIE,   b. 4 Mar 1905, Balmain South, New South Wales, AUSTRALIA Find all individuals with events at this location,   d. 28 Dec 1975, Croydon, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 70 years)
    +2. Pearl Vera SMELLIE,   b. 25 Jan 1907, Balmain South, New South Wales, AUSTRALIA Find all individuals with events at this location,   d. 26 Nov 1957, Campsie, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 50 years)
    +3. Archibald Lewis SMELLIE,   b. 1909, Balmain South, New South Wales, AUSTRALIA Find all individuals with events at this location,   d. 14 Jul 1993, Earlwood, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 84 years)
     4. Roy Alexander SMELLIE,   b. 2 Aug 1914, Sydney, New South Wales, AUSTRALIA Find all individuals with events at this location,   d. 5 Aug 1999, Sydney, New South Wales, AUSTRALIA Find all individuals with events at this location  (Age 85 years)
    Last Modified 31 Mar 2017 
    Family ID F2366  Group Sheet  |  Family Chart

  • Event Map
    Link to Google MapsBorn - 1 Oct 1871 - Dumfries, SCOTLAND Link to Google Earth
    Link to Google MapsEmigration - On board the "Tyburnia" - 5 Oct 1874 - New South Wales, AUSTRALIA Link to Google Earth
    Link to Google MapsCriminal Notes - Apprehensions, &c.
    Archibald Smellie,charged with indecently assaulting Frances Cockton, a girl of the age of 13 years and 7 months, at BaImain, has been arrested by Constable Kavanagh, Sydney Police. Committed for trial at Quarter Sessions. - 4 Jul 1888 - Balmain, New South Wales, AUSTRALIA
    Link to Google Earth
    Link to Google MapsCriminal Sentance - Metropolitan Quarter Sessions
    Tuesday
    Before his Honor Mr. District Court Judge Forbes
    Archibald Smellie, a young man, pleaded guilty to an indictment charging him with having at Balmain on the 23rd June indecently assaulted Frances Cockton, a girl under the age of 14 years. The Crown Prosecutor stated that the prisoner had hitherto led a very respectable life, and it was thought that the ends of justice would be met if he were bound over to be of good behaviour for a term of three years. The prisoner was then bound over, himself in the sum of 20 pounds, and one surety of 20 pounds. - 15 Aug 1888 - Sydney, New South Wales, AUSTRALIA
    Link to Google Earth
    Link to Google MapsCriminal Sentance - Metropolitan Quarter Sessions
    Tuesday
    Before his Honor Mr. District Court Judge Forbes
    The Smellie Indecent Assault Case
    The youth Archibald Smellie, who had previously pleaded guilty to and indictment charging him with having committed an indecent assault, and who had been bound over to be of good behaviour for three years, and to appear for sentance when called upon, was brought before the Court.

    His Honor, addressing Smellie, who stood at the end of the table, said: When you were before the Court before, I dealt with you under a section of the Act which I had no right to deal with you under, because I misapprehended the information given me. I thought you were then under 16 years of age as you are a small youngster - and I dealt with you under the 882nd section of the Act. I subsequently found on inquiry that you were over 16 years of age, therefore I had no power to deal with you under the section named, and found it necessary that you should be made to appear as you have done today. Now I have to deal with you under another section, which enables me to deal with you pretty much the same as before; and not to keep you in suspense, I order you to be imprisoned till the rising of the Court at 1 o'clock, and that you also be bound over in the sum of 40 pounds, and find two sureties of 20 pounds each, to be of good behaviour for the period of three years, in default to be imprisoned for 12 months in Darlinghurst gaol. My reason for dealing with you in this manner is this, I have read the depositions with care, and in my opinion, if you had been tried, the probabilities are the jury would have acquitted you of the offence with which you are accused, and to which you pleaded guilty, because the assault, although it might be considered in the nature of an indecent assault, was clearly in my mind unaccompanied with any indecent or wicked intention, and was not of such a character as to require punishment at this court. I have had the depositions before me, have most carefully considered the case, and that is the impression in my mind. During the whole of the sessions of this Court I do not know of one single instance in which the jury found a verdict which I would not have found myself, and I feel convinced that, if the matter had gone to a jury, they would have acquitted you. In the future I hope you will avoid doing anything which will necessitate your coming before the Court in the way you have done on this occation.

    The accused was then ordered to be bound over, himself in 40 pounds and two sureties of 20 pounds each, to keep the peace and to be of good behaviour for three years, in default, to be imprisoned in Darlinghurst gaol for 12 months. The sureties were forthcoming, and the accused was bound over accordingly, the sureties being his father Alexander Smellie, bookbinder, of Weston-street, Balmain, and William Baxter, dairyman, of Bourketown. The accused was then accomodated with a seat in the court, and was detained in custody until 1 o'clock. - 21 Aug 1888 - Sydney, New South Wales, AUSTRALIA
    Link to Google Earth
    Link to Google MapsMarried - 27 Apr 1904 - Balmain South, New South Wales, AUSTRALIA Link to Google Earth
    Link to Google MapsDied - 5 Jul 1946 - Canterbury, New South Wales, AUSTRALIA Link to Google Earth
     = Link to Google Earth 
    Pin Legend  : Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  • Documents
    Apprehensions, &C.
    Apprehensions, &C.
    Account of an assalt committed by Archibald SMELLIE

    Photos
    SMELLIE, Archibald Graham
    SMELLIE, Archibald Graham

    Emmigration Documents
    SMELLIE Emmigration Record
    SMELLIE Emmigration Record

    News
    Metropolitan Quarter Sessions
    Metropolitan Quarter Sessions
    Indecent Assault
    Metropolitan Quarter Session
    Metropolitan Quarter Session
    The Smellie Indecent Assault Case

  • Sources 
    1. [S2] New South Wales Births, Deaths and Marriages, 1946.
      16268/1946

    2. [S2] New South Wales Births, Deaths and Marriages, 1904.
      3351/1904