Event Map |
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 | Born - 1 Oct 1871 - Dumfries, SCOTLAND |
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 | Emigration - On board the "Tyburnia" - 5 Oct 1874 - New South Wales, AUSTRALIA |
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 | 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 |
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 | 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 |
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 | 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 |
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 | Married - 27 Apr 1904 - Balmain South, New South Wales, AUSTRALIA |
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 | Died - 5 Jul 1946 - Canterbury, New South Wales, AUSTRALIA |
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