The Newcastle Sun, Mon 4 Nov 1929 ¹

BOY’S CHARGE
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Toronto Man on Trial
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SERIOUS CASE
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Verdict of “Not Guilty”
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An allegation that he had been indecently assaulted at Toronto in August, was made by an 11-year-old boy scout at Newcastle Quarter Sessions to-day against Archibald McMillan, 49, signalman.

The jury returned a verdict of “not guilty,” but McMillan was arrested on another charge, and remanded to the next Quarter sessions.

The boy when he entered the box, told Judge White that he knew he had to tell the truth.

    “If I don’t I’ll get fined,” he said, when the judge asked him why he should do so.

    The boy said that McMillan was scoutmaster of his troop. The meetings were held every Wednesday night in the hotel pavilion. He described the alleged offence and said that McMillan had done the same thing on 12 occasions.

    Plainclothes Constable Williams said that he interviewed McMillan at Newcastle police station on September 27 with Constable Avery. McMillan denied assaulting the boy.

    “I have often given the scouts money and while in camp have given them dry shaves while frolicking, by rubbing my face against theirs,” said McMillan, according to Williams.

    Mr Mack, KC (for McMillan): Did he tell you that an inquiry had been held by the troop and he was exonerated?—He did not tell me, but his resignation was accepted.

    After three other scouts had given evidence the Crown case concluded.

    Mr Mack submitted that the case was one in which the jury might not want to heard the defence. The jury did not respond and McMillan was put in the box.

    He denied interfering with the boy in any way. In teaching the troop first aid it was necessary to lay hands on them to show them pressure points to stop bleeding.

“An Error”

    During his address to the jury, Mr Mack read at length from a copy of the boy’s deposition taken at the police hearing.

    He was interrupted by Judge White, who pointed out that he was making a mistake.

    “I have the original here, Mr Mack,” he said.

    The King’s Counsel hurled his copy on the table and exclaimed that he had been misled. The copy had been supplied to him by the Crown, and was defective.

    “My learned friend,” added the Crown Prosecutor, “quoted the depositions to suit his own case. It’s a serious thing to say, but I do say it.”

    In his summing up, Judge White referred to a plate in the scout instruction book showing the rather intimate way in which a first-aid treatment was administered.

    “Perhaps it is inadvisable to have such a rule in the book,” he commented.

    The jury returned a verdict of not guilty and McMillan was discharged.

    He was immediately charged with having assaulted another boy at Toronto on some day in January, and he pleaded not guilty. He was remanded until Newcastle Quarter Sessions on February 3, 1930. Bail was fixed at £100.

    Mr TS Crawford was Crown Prosecutor and Mr Mack KC, instructed by Mr TA Braye, of Braye, cragg, and Cohen, appeared for McMillan.

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Newcastle Morning Herald and Miners’ Advocate, Tue 5 Nov 1929 ²

QUARTER SESSIONS
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Monday, November 4.
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(Before His Honor Judge White.)
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    Mr TS Crawford conducted the Crown prosecutions, and represented respondents in appeal cases.
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SCOUTMASTER ACQUITTED.

    Archibald McMillan [aka Archibald McMillin], 49, sectional signalman, pleaded “Not guilty” to a charge of improper assault [on Henry Charnley and Charles George Denley].

    Several Toronto scouts belonging to the troop of which McMillan was Scoutmaster, gave evidence.

    McMillan made a general denial of the allegations.

    The jury retired at 1.10 pm, and returned at 2.44 pm, with a verdict of “Not guilty.”

    A charge of improper assault with respect to another person was then made against McMillan. He pleaded “Not guilty.”

    On the application of Mr Crawford, he was remanded until the next Quarter Sessions, or to such other Court as the Attorney-General might appoint.

    Bail, self in £100, with one surety for a similar amount, was allowed.

    Mr S Mack, KC, (instructed by Messrs Braye, Cragg and Cohen), appeared for McMillan.

 

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¹     The Newcastle Sun, (NSW), Mon 4 Nov 1929, p. 6. Emphasis in original and added.

²     Newcastle Morning Herald and Miners’ Advocate, Tue 5 Nov 1929, p. 3.

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