Archibald Graham SMELLIE

1871 - 1946  (74 years)

• Name	Archibald Graham SMELLIE
  Born	1 Oct 1871	Dumfries, SCOTLAND
  Gender	Male
  Emigration	5 Oct 1874	New South Wales, AUSTRALIA
  	On board the "Tyburnia"
  Criminal Notes	4 Jul 1888	Balmain, New South Wales, AUSTRALIA
  	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
  	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
  	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   [1]
  Age	74 years
  Person ID	I7559	Short Family Tree | Decendants of the James SMELLIE Family
  Last Modified	19 Dec 2012

  
  

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

  
  

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

  
  

• 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

  
  

• Photos

  SMELLIE, Archibald Graham

  
  

  Emmigration

  SMELLIE Emmigration Record

  
  

  Newspaper Articles

  
  

  Police Gazettes

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




• Event Map		Born - 1 Oct 1871 - Dumfries, SCOTLAND Emigration - On board the "Tyburnia" - 5 Oct 1874 - New South Wales, AUSTRALIA Criminal 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 Criminal 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 Criminal 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 Married - 27 Apr 1904 - Balmain South, New South Wales, AUSTRALIA Died - 5 Jul 1946 - Canterbury, New South Wales, AUSTRALIA  = Link to Google Earth
  Pin Legend	: Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  
  

• Sources

  [S1] Births, Deaths & Marriages - New South Wales, AUSTRALIA, 1946. 16268/1946 [S1] Births, Deaths & Marriages - New South Wales, AUSTRALIA, 1904. 3351/1904