The Leader and Orange Stock and Station News, Thu 7 Aug 1913 1
LOCAL & GENERAL.
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A SERIOUS CHARGE.
Allan McMillan, aged 54, was charged at the Orange court yesterday with committing an unnatural offence. The details of the offence are said to be of a repulsive nature. He was remanded for eight days.
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The Leader and Orange Stock and Station News, Wed 13 Aug 1913 2
LOCAL & GENERAL.
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…
ORANGE COURT.
At the police court yesterday George Rohanna was fined £1, with 6/ costs, for not keeping the yard at his premises clean. The PM [Edward Marriott] enjoined the need for cleanliness on the defendant, especially in view of the outbreak of smallpox. A youth was fined 5/ for riding a bicycle on the footpath, and Mr Marriott, PM., said this was a practice which ought to be put down with a firm hand. Allan McMillan was committed for trial on a charge of assault on a youth between 15 and 16 years of age. The evidence was of a very disgusting character.
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Depositions for Allan McMillen 15 Sep 1913 Dubbo trial 3
(a) Town. |
Letter from Bench of Magistrates at (a) Orange |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Allan McMillen |
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(c) Offence. |
(c) Buggery |
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(d) Town. |
Petty Sessions Office, (d) Orange |
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12th August 1913. |
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Sir, |
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(e) Name of accused |
case of (e) Allan McMillen |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Court of Quarter Sessions |
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to be held at (h) Orange |
on Wednesday |
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(h) Town where Court |
the 26th day of November 1913. |
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The accused is (i) confined in the Lockup at Orange |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Keyran Byrne of Orange Senior Constable of Police, John Folster of Forest Road, Orange, Call boy on Railway, Neville Reginald Howse of Anson Street Orange, Medical Practitioner, Llewellyn William Roberts of Kite Street Orange Medical Practitioner, James Folster of Forest Road Orange, Storeman on Railway
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Exhibit “D” piece of paper containing the words “There is no more than 2 on railway had a cadare [sic] off me.” Exhibits “A. B. & C” handed to Police |
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I have the honor to be, |
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[Signed] Henry J[oseph] Leary |
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Clerk of Petty Sessions |
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The Under Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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Police Station Orange
22nd August 1913
The Superintendent of Police, Bathurst
Subject:– The King against Allan McMillen buggery and indecent assault. Notice for service on accused.
The attached noticed re above subject matter, respectfully forwarded to the Superintendent, who perhaps will be good enough to cause service of same.
McMillen is now a confinee in Bathurst Gaol.
[Signed] Joseph Bear, Sub-Inspector .
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Police Station Bathurst
25th August 1913.
Senior Constable Geo Stapleton begs to report that he served a duplicate of the attached notice upon Allan McMillen at the Bathurst Gaol this date. Original herewith with affidavit of Service endorsed thereon.
[Signed] Geo Stapleton, Senior Constable.
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[Notice of trial]
The Supreme Court of New South Wales
Criminal Jurisdiction }
THE KING against Allan McMillan
TAKE NOTICE, that at the Supreme Court, to be holden at the Court House in Dubbo in the State of New South Wales, on Wednesday the tenth day of September next, at ten of the clock in the forenoon of the same day, an Indictment will be then and there filed on behalf of Our Sovereign Lord the King against you, on a charge of
Buggery and indecent assault
And that you will on that day, or on a subsequent day, during the said sittings of the Court, be called upon to plead to the said Indictment, and take your trial upon the said charge.
Dated this 21st day of August in the year of our Lord one thousand nine hundred and thirteen.
[Signed] W[illiam] R[ichard] Beaver
for Crown Solicitor
To Allan McMillan
Lockup at Orange
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Subject: Rex versus Allan McMillen buggery and indecent assault.
Police Station Bathurst.
25th August 1913
Mr Acting-Superintendent, McKenzie
Senior Constable Geo Stapleton begs to report that he informed Allan McMillen at the Bathurst Gaol this date that the Solicitor General has directed that he be tried at the Supreme Court Dubbo on the 10th of September next to which McMillen replied “All right.”
[Signed] Geo Stapleton, Senior Constable.
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Police Station, Orange.
22nd August 1913.
Sub-Inspector Bear, Orange
Subject:– Allan McMillen, committed for trial Orange Quarter Sessions on the 26/11/13. Charged with sodomy.
Constable Coleman No. 8548 begs to report that the above named accused, Allan McMillen, is now in Bathurst Gaol, awaiting his trial.
Would Mr Bear please forward the attached communication to the Bathurst Police and have the accused notified as requested.
[Signed] JJ Coleman, Constable
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The Superintendent of Police, Bathurst
Respectfully forwarded to the Superintendent, who perhaps will be good enough to cause accused (Allan McMillen) now a confinee in Bathurst Gaol to be informed as directed by the Sheriff.
[Signed] Joseph Bear, Sub-Inspector
22nd August 1913 Orange.
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The Sheriff’s Department,
Sydney, NSW, 21st August 1913.
In your reply No. 9119/13
The Gaoler, Orange
Sir,
I have the honour to request that you will be good enough to inform the accused named in the margin, 4 who was committed to take his trial at Orange Quarter Sessions, that the Solicitor General has directed that he be tried at the Supreme Court Dubbo on 10th September next.
Report action taken.
I have the honour to be, Sir, your obedient servant.
[Signed] CEB Maybury, Sheriff.
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Police Station Orange
23rd August 1913.
Sub-Inspector Bear, Orange
Subject: Subpoenas for Service on Witnesses in case Rex versus McMillen to be heard at Dubbo Supreme Court on 10th September 1913.
Senior Constable Byrne reports that he served the Subpoena personally on all the witness [sic] in the case above referred to, viz
Senior Constable Byrne of Orange
John Folster of Orange
Dr NR Howse of Orange
Dr LW Roberts of Orange
James Folster of Orange.
Originals returned with affidavit of Service endorsed thereon.
[Signed] Keyran Byrne, Senior Constable.
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[Subpoena] 5
GEORGE THE FIFTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India.
New South Wales,
TO WIT. }
To: James Folster, Senior Sergeant Byrne, John Folster, Dr NR Howse, Dr LW Roberts [all of] Orange
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Wednesday the tenth day of September next, by Nine of the Clock in the forenoon of the same day, at the Supreme Court in Our State of New South Wales, in the Court House situate in Dubbo
there to testify the truth, and give evidence, on the part of the Crown, before Our said Justices, touching a certain information to be preferred against
Allan McMillen
in a case of Indecent assault
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
Witness the Honorable Sir William Portus Cullen, Knight KCMG, Chief Justice of Our said Court, at Sydney, this twenty first day of August in the fourth year of Our Reign, and in the year of Our Lord one thousand nine hundred and thirteen
(Signed)
For the Prothonotary
MJ [Michael Joseph] Dunphy
Clerk of the Supreme Court.
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The Superintendent of Police, Bathurst.
Subject:– Offender Allan McMillen under committal at the Dubbo Circuit Court on a charge of “indecent assault”.
I beg to return attached papers, duly noted.
[Signed] J Peterswald, Sub-Inspector.
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The Clerk of the Peace, Sydney.
Forwarded for information of the Clerk of the Peace.
[Signed] James Mitchell, Superintendent of Police, Bathurst, 1.9.1913.
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Subject: Re Allan McMillen under committal of indecent assault.
Police Station, Bathurst.
26 August 1913.
Mr Acting-Superintendent, McKenzie
6 The accused will be escorted from Bathurst to Dubbo in due course in charge of a Bathurst Constable.
All witnesses have been warned.
Please note and return.
Senior Constable Geo Stapleton begs to report that he handed to the Deputy Governor of Bathurst Gaol this date, a writ of habeus corpus to have Allan McMillen who is now in Bathurst Gaol awaiting trial for indecent assault, brought before the Dubbo Police Court to be held on the 10th of September 1913.
[Signed] Geo Stapleton, Senior Constable.
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The Superintendent of Police, Bathurst
I beg to report, that as I understand this case, the accused was committed for trial at the Orange Police Court, on a charge of “indecent assault” to the Orange Quarter Sessions, and the venue was afterwards changed to the Dubbo Circuit Court, on the 10th proximo. “Police Court” is, apparently, incorrectly stated in above report.
Will the Superintendent please say if a Constable will be sent from here to escort prisoner from Bathurst, or will a Constable be sent from Bathurst. If accused is found guilty, he will be sent to Goulburn, in all probability.
I presume the witnesses have been informed of the change of venue.
[Signed] J Peterswald, Sub-Inspector, Dubbo. 28:8:13.
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Police Station, Orange.
23rd August 1913.
Sub-Inspector Bear, Orange.
Subject:– Re Allan McMillen now in Bathurst Gaol under committal for trial at Dubbo C.C. on 10/9/13.
Constable Coleman No. 8548 begs to report that on this date he received the attached Writ of Habeus Corpus, the King against Allan McMillen.
The above named accused is now in Bathurst Gaol awaiting his trial to be holden at Dubbo C.C. on 10/9/13.
Would Mr Bear please forward the attached writ to the Governor of Bathurst Gaol.
[Signed] JJ Coleman, Constable.
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The Superintendent of Police Bathurst.
Respectfully forwarded to the Superintendent, who perhaps will be good enough to cause the attached write of habeus corpus to be delivered to the Governor of the Gaol, Bathurst.
McMillen is at present a confinee in Bathurst Gaol.
[Signed] Joseph Bear, Sub-Inspector
23rd August 1913, Orange.
Exhibit “D”
“There is no more on the than two on railway had a cadare [sic] off me.
[Initialled] AH, JF, BW.
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NEW SOUTH WALES POLICE.
Western District,
Orange Station.
30th August 1913.
Report relative to antecedents of:–
Name: Allan McMillen
Offence: Buggery & indecent assault.
Committed for trial at: Supreme Court Dubbo
Date: 10th September 1913
7 Sub-Inspector Bear reports:– The offender (McMillen) who is a single man has resided on the town Common at Orange for the past eighteen months. He is a labourer, of sober habits, and not an associate of thieves or persons of bad repute.
Prior to coming to Orange he worked about Dubbo and Bourke for many years, and from enquiries made at these places, he was considered a very quiet man, and inclined to be unsociable among men.
There are no previous convictions recorded against him.
[Signed] Joseph Bear, Sub-Inspector.
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Police Charge No. 198
Court of Petty Sessions, Orange,
6 August 1913.
Allan McMillen (age 54)
who is charged for that on the 1st day of August 1913, he at Orange, did assault John Folster and then wickedly and against the order of nature carnally know the said John Folster and did commit the abominable crime of buggery.
Pleads -----
Remanded for 8 days.
[Signed] Henry J Leary, JP.
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Depositions of Witnesses.
New South Wales, Orange
TO WIT. }
The examination of Keyran Byrne of Orange in the State of New South Wales, Senior Constable of Police John Folster of Forest Road Orange, call boy on railway Neville Reginald Howse of Anson Street Orange, Medical Practitioner Llewellyn William Roberts of Kite Street Orange Medical Practitioner, and James Folster of Forest Road, Orange in the said State, taken on oath this 12th day of August in the year of Our Lord one thousand nine hundred and thirteen at the Orange Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Allan McMillen who is charged this day before me for that he the said Allan McMillen on the 1st day of August in the year of Our Lord one thousand nine hundred and thirteen at Orange Common in the said State, did assault John Folster, and then wickedly and against the order of nature, carnally knew the said John Folster and did commit with the said John Folster the abominable crime of buggery.
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This Deponent Keyran Byrne on oath saith as follows:–
I am a Senior Constable of Police stationed at Orange.
On the fifth instant from instructions received from Sub-Inspector Bear I went to the Orange Common in company with a boy named John Folster and his father. I there saw a camp with a number of dogs tied up and I waited about until 12.45 pm when I saw the accused come to the camp. I said to the accused “What is your name?” He replied “Allan McMillen.” I said to him “Do you know a boy named John Folster?” He said “Yes.” I then cautioned accused and said to him “I am going to ask you some questions. You need not answer them unless you wish. Whatever answer you give to whatever questions I ask may be used in evidence against you.” I was in uniform at the time. I said “Was the boy Folster at your camp on Friday last the 1st instant?” He said “I believe he was.” I then said “Did you see him last night the 4th instant?” He said “No.” I said “Did you meet him down the Forest Road last night at about 12 o’clock?” He said “No, I was not away from the camp last night.” I then called the boy John Folster up and I said to him in the presence of the accused “Do you know this man?” Folster replied “Yes.” I said “Were you at his camp last Friday?”, meaning the 1st instant. He said “Yes.” I said “What did he do to you?” Folster replied “He had connection with me.” I said “What do you mean by that? I want you
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to explain what he did.” Folster said “He took me into his tent and took my trousers down and he put his person into or penis into my behind.” The accused made no reply. I then arrested accused and brought him to the lock up and charged him with indecently assaulting John Folster on the 1st instant. He made no reply to the charge. On the 6th instant I charged him as he now stands charged. In reply he said “What do you mean?” I said “I mean you are charged with putting your person into this boy’s behind.” Accused made no reply.
On the 7th instant I went to his camp in company with accused and Constable Coleman. At the camp I found a bottle of oil Exhibit “A”, a pot of vaseline Exhibit “B”, and an orange Exhibit “C”. The accused claimed all the articles as his property. At the camp I found a piece of paper produced Exhibit “D” in a waistcoat pocket. Accused said he got the paper Exhibit “D” from the boy John Folster. I said “How did he come to give you this?”, but accused did not explain.
No questions.
[Signed] Keyran Byrne.
Taken and sworn at Orange this 12th day of August 1913 before.
[Signed] Ed Marriott, PM.
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This Deponent John Folster on oath saith as follows:–
I was fifteen years of age on the 27th June 1913. I am a call boy on the railway and reside with my parents at Forest Reefs Road Orange.
I know the accused, I have known him for 9 or 10 months, during the time the accused has resided in a tent on the Orange Common.
I remember Friday the first August 1913. I went to the accused’s camp that day at about a quarter past four in the afternoon. I went up there with the intention of writing a letter for the accused, he had previously asked me to write a letter. When I got to the tent I did not write the letter for the accused. Accused said “There is no necessity to write the letter. I will get one of the publicans or someone else to write it for me.” While I was at accused’s tent accused said to me “Give me a ‘cadare’ and if you don’t give me a ‘cadare’ I’ll tell your mother and father and the railway officials.” I knew the meaning of the word “cadare”, I first heard its meaning from the accused about 3 months ago.
“Cadare” means having connection. I knew that the accused meant that he wanted to have connections with me. I said “Yes I would sooner have it than have the disgrace brought upon the family.” We then went into the accused’s tent. Accused undone my pants and laid me on the bed, accused got on top of me and kicked my trousers down below my boots, accused then rubbed castor oil on his person. He got the castor oil from a bottle that was beside the bed. The
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oil was in a bottle similar to Exhibit “A”. Accused also put some oil on my backside. I was lying on the bed on my belly when accused did this. Accused then put his person into me, I think as far as he could because it hurt me very much. He remained on top of me for about 5 or 10 minutes. While accused was on top of me I am certain I felt something come from the accused’s person. While accused was on top of me he said “After this cadare I won’t want another cadare and I will keep away from your company and you keep away from mine.” After accused got off me he wiped my backside with a piece of dark rag. I then got up and buttoned up my trousers and went straight home.
I live about a quarter of a mile from the accused’s tent. On arriving home I did not tell my father or mother what had taken place.
I met the accused again at about midnight on the 4th instant. I was returning from work at the time. I met him on the right hand side of the Forest Road near the old Orange night soil depot, and about 600 yards from the accused’s tent. The accused’s tent is off the Forest Reefs Road. I was alone when I met him on the 4th instant, accused spoke first. He said “Where have you been to this time?” I said “I only knocked off work at 12 o’clock.” I remained on the road with the accused about 2 minutes when accused said “I have been waiting here since 10 o’clock in the cold. I am full up of it, I am going to let your father know all about what has happened.” I said “I would not like you to tell my father.” I said “We will keep away from each other’s company.” Accused said “Give me a ‘cadare’ and we will
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say nothing about it then.” I said to accused “You said that before.” He said “Oh! Never mind, I will tell your mother and father if you don’t.” I went off the side of the road with the accused and he kept on repeating “I will tell your father and mother but if you give me a ‘cadare’ I won’t.” I went to a shed about 100 yards off the Forest Reefs Road. Accused undone some of my trousers buttons and I undid the rest. Accused laid two bags down and I laid on my side, accused undid his trousers and knelt down behind me, while accused was kneeling down he was rubbing his person and he said to me “Rub it.” I said I would not. Accused wanted me to take off a pair of gloves that I was wearing and rub his person, but I wouldn’t. Accused then pulled down a bottle of vaseline from I think the left inside pocket of his coat. He put it alongside me and said “Here, take that home. It is a good thing to rub on after.” I said “I don’t want any of your vaseline.” Accused then offered me an orange. While accused was kneeling behind me he did not do anything to me. We only remained about 5 minutes. Accused said “All right, I’m going down to tell your father now,” and we went down to the road and waited for a while on the road. Accused said “I’m going to tell your mother.” I said “I’m going to tell them myself so that I won’t have the bother of you running after me all the time.” I then got on my bike and went along a little while and accused pulled me off the bike and said “You have got to give me a ‘cadare’.” Accused undid part of the side of my trousers and tried to have connection with me but I stopped him all I
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could. When accused asked me for the second “cadare” I was on the road, and was standing up leaning against my bike when accused undid the portion of my trousers. Accused said “Pull the flap of your trousers back,” he did not have hold of me at the time. Accused was standing right up against the left hand side of me, his clothes were disarranged, his fly was undone. While in that position my father came up, I knew him in the distance and I sang out “Is that you dad?” Father answered “Yes, what is the matter.” When I called out accused ran away in the direction of town. Father was coming towards town from home to meet me. When father came up to me I told him something, and in consequence of what I told him my father ran for about 200 yards down the road after accused, but did not catch him. I then went home with my father and told him something about the accused, and on the following morning came to the Police Station with my father. I was afterwards examined by Dr Howse.
The writing on the piece of paper Exhibit “D” [see above] is my writing. I wrote it five or six days before the first of this month at the accused’s tent. I wrote it in the afternoon. Accused said to me “There is someone else having ‘cadares’ off you beside me.” I said “There haven’t.” He kept on arguing with me, saying there was. He said “If you don’t tell me I will tell your parents.” I said “You can tell them for there is no-one else has had a ‘cadare’ off me.”
Accused kept on telling me he would tell my mother and said “Write it down on a piece of paper,” and I made the writing on the paper Exhibit “D”.
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I wrote Exhibit “D” under pressure from the accused. I did all the writing on the paper, the initials are my writing. I gave the paper to the accused. Accused then said “It is in black and white now.”
During the nine or ten months that I have known the accused he has had “cadares” with me 4 or 5 times. Accused was not under the influence of liquor when he had the “cadares” with me. The first occasion that the accused had connection with me was about a month or two months after I first knew him. Between the first time and the 1st August I was away in Sydney for 3 weeks. I have never allowed anyone else to have connections with me in that manner, accused is the only one.
I remember being in the hospital in December last, accused had had connection with me once before I went into the hospital. The connections used to take place at the accused’s camp. Accused had connection with me first near the Forbes railway gates near some briars at about 7.30 pm at about Christmas time. In each of the connections that accused had with me I was nearly always wet when he had finished.
On the night of the 4th I was not wet, his penis was not hard on that occasion. On the afternoon of the 1st instant I was wet after accused got off me.
I was wearing the same clothes as I had gone to work in on the first instant and also on the fourth instant. I was not wearing those clothes when Dr Howse examined me.
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To the Bench: I first heard the word “cadare” from the accused. I had never heard or used it before.
On one occasion the accused gave me five shillings, on the first occasion.
At another time he gave me a knife, he has given me sixpence for writing letters. On the time before the last instant he gave me five shillings.
On the first occasion that accused had connection with me, I was on my way in to town. Accused took me alongside the road on that occasion and told me the meaning of the word “cadare”, and offered me five shillings and I then let him do what he wanted to.
To accused: You have undone my trousers.
There was ink at your place on the 1st August when I went to write the letter. I did not know you were going to meet me on the night of the 4th instant, I did meet you at 2.45 pm that day, accused said “I want to meet you one night this week.” I did not say “Don’t you forget to meet me.”
[Signed] John Folster.
Taken and sworn at Orange this 12th day of August 1913 before.
[Signed] Ed Marriott, PM.
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This Deponent Neville Reginald Howse on oath saith as follows:–
I am Government Medical Officer residing and practising at Orange.
On August the 5th at 10.30 am at my surgery in Anson Street Orange the last witness John Folster was brought in by a man who stated he was his father. He said “I have been asked by the Police to get you to examine my son who states that a man had had connections with him.” I asked the boy John Foster [sic] when the man had had connection with him and he said “On the Forest Road on the evening before.” I then examined the boy’s clothing. There were no stains on his shirt or trousers, on inspecting his body there were no stains of fluid about the anus. I lubricated my finger and attempted to introduce it into the bowel whilst he was standing in such a position that my finger would be admitted with the least amount of pain. Immediately my finger met attempted to enter the bowel the boy moved away from me saying “It puts me in pain.” I then got him into the previous position again and again attempted to pass my finger into the bowel but it caused him so much pain and he got into the upright position so that my finger did not pass on either of the examinations into the bowel. I said to the father “As far as I can see from my examination I do not think the bowel of your son has been entered, by anything as big as my finger.” The man who stated he was the boy’s father said “What am I to tell the Police?” I said “They will communicate with me if necessary, but you are quite at liberty
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to repeat the statement that I have made to you.”
To Police: I have heard the witness John Folster give evidence and I have heard him state that on the afternoon of the 1st instant that the accused with the assistance of a little castor oil inserted his penis into Folster’s anus. There might have been soreness about the lower end of the bowel. The accused could have penetrated a tenth or a twelfth of an inch and the witness Folster might still suffer great pain on my attempting to insert my finger.
No questions.
To the Bench: When I inspected the boy I did not notice any sign of soreness about the boy. I have no been called upon to examine the accused.
[Signed] Neville R Howse.
Taken and sworn at Orange this 12th day of August 1913 before.
[Signed] Ed Marriott, PM.
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This Deponent Llewellyn William Roberts on oath saith as follows:–
I am a legally qualified Medical Practitioner residing and practising at Orange.
The witness John Folster was a patient of mine from 6th December 1912 to 11th January 1913 at the Orange Hospital. He was suffering from “St Vitus’s dance” and other complications the cause of “Chorea” or “St Vitus’s dance” is in many cases shock, and at the time I questioned both him and his parents as to the fright. He admitted a fright but or shock but would not give me the particulars. I saw him on April 8th after his return from Sydney, he was last seen by me on 27th May 1913, he had then recovered.
To the Police: I have heard Folster’s evidence this morning, the treatment that he has been submitted to combined with his admission to me makes it possible, that may have caused his attack of Chorea.
[Signed] Llewellyn W Roberts.
Taken and sworn at Orange this 12th day of August 1913 before.
[Signed] Ed Marriott, PM.
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This Deponent James Folster on oath saith as follows:–
I am a storeman on the railway and reside at Forest Road near Orange.
I am the father of the boy John Folster. My son is fifteen years of age.
My son resides with me on the Forest Road, he is employed on the railway, his duties necessitate him being on night duty sometimes. In December last my son was under medical treatment in the Orange Hospital, and from something Dr Roberts told me I sent him away for a trip. Since his sickness I have been trying to find out what his companions were like. I know the accused Allan McMillen, I have known him about 12 months. I remember the night of the 4th instant. I returned home from work at about 12.30, my son was not at home and I returned along the Forest Road to see if I could find him. I met my boy about 10 or 15 chains from my house on the road, this would be between half past twelve and one o’clock in the morning. I heard my son and the accused coming along speaking together. My so called out “Is that you did?” I said “Yes.” The accused appeared to run away. I spoke to Jack, I said “What is the matter?” Jack told me something, and in consequence of what my boy told me I followed after the accused to try and catch him. I did not overtake him.
I returned home with my son, and he told me something. In consequence of what my
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boy told me I reported the matter to the Police on the following morning. I took my boy to Dr Howse’s surgery and saw him examined. I accompanied Senior Constable Byrne to the accused’s tent on the Common. My son is a truthful boy as far as I know and I have always found him well behaved.
No questions.
[Signed] James Folster.
Taken and sworn at Orange this 12th day of August 1913 before.
[Signed] Ed Marriott, PM.
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(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Orange
TO WIT. }
Allan McMillen (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 12th day of August in the year of Our Lord one thousand nine hundred and thirteen for that he, the said defendant, on the 1st day of August 1913, at Orange Common in the said State, did assault John Folster, and then wickedly and against the order of nature, carnally knew the said John Folster, and did commit with the said John Folster the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Keyran Byrne of Orange Senior Constable of Police John Folster of Forest Road Orange, call boy on the railway Neville Reginald Howse of Orange Medical Practitioner Llewellyn William Roberts of Orange, Medical Practitioner James Folster of Forest Road Orange, storeman on railway being severally examined in his presence, and the said defendant is now addressed by me the said Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I never had connection with the boy.” [Signed] Allan McMillen.
Taken before me and read over to the said defendant at Orange in the said State, the day and year first above mentioned.
[Signed] Ed Marriott, PM.
~ ~ ~ ~ ~
G. 190.
New South Wales, Orange
TO WIT. }
REX.
versus
Allan McMillen
Offence,— Buggery
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Orange, in the State of New South Wales, on the twenty sixth day of November 1913, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100
[Signed] Ed Marriott, PM
JP.
Dated at the Orange Police
Office, Orange
in the said State,
this twelfth
day of August
AD 1913.
4g 416 - 88
~ ~ ~ ~ ~
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Orange
TO WIT. }
Be it remembered, that on the twelfth day of August in the year of Our Lord one thousand nine hundred and thirteen Keyran Byrne a Senior Constable of the Police Force, stationed at Orange in the State of New South Wales, James Folster for John Folster of Orange in the said State, storeman on railway Neville Reginald Howse of Anson Street Orange in the said State, Medical Practitioner Llewellyn William Roberts of Kite Street Orange in the said State, Medical Practitioner in the said State, James Folster of Forest Road, Orange in the said State, storeman on railway personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] Keyran Byrne, James Folster for John Folster, Neville R Howse, Llewellyn W Roberts, James Folster.
Taken and acknowledged, the day and year first above mentioned, at Orange in the said State, before me.
[Signed] Ed Marriott, PM.
The condition of the within written Recognizance is such, that whereas one Allan McMillen was this day charged before Edward Marriott Esquire one of His Majesty’s Justices of the Peace for the said State, for that on the 1st day of August 1913 at Orange Common in the State of New South Wales, he did assault John Folster, and then wickedly and against the order of nature, carnally knew the said John Folster, and did commit with the said John Folster the abominable crime of buggery.
If, therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Orange in and for the State of New South Wales, on Wednesday the 26th day of November 1913, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Allan McMillen for the offence aforesaid, to the jurors who shall pass upon the trial of the said Allan McMillen.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Ed Marriott, PM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Quarter Sessions
Orange
26th November 1913
Supreme Court
Dubbo
[15 September 1913]
No. 290 5
AG [No.] 13/166
Depositions.
Rex
v.
Allan McMillen
Buggery
[pencilled] Attorney assigned
Committed at: Orange
on: 12th August 1913
~ ~ ~ ~ ~
Court. Dubbo
Date. 15th September 1913
Cor. Pring Judge.
Plea. Guilty
Verdict.
Judgment. Penal servitude 5 years on each count sentences to be concurrent
WF Coyle
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
1 Buggery
2. Indecent assault
[Initial illegible]
13 14.8.13
I beg recommend that this case should be tried at the sittings of the Supreme Court at Dubbo on 10th September next. The accused is in gaol.
[Signed] W[illiam] R[ichard] Beaver
Clerk of the Peace
16.8.13
Approved
[Initialled] DRH
20/8/13
~ ~ ~ ~ ~
Justice RD Pring’s notebook 8
44
[Dubbo, Monday, 15 September 1913]
Rex v. Allan McMillen
1. Attempted buggery on John Folster ([Secs.] 79/81)
2. Indecent assault
Plea guilty
Sentence – 5 years penal servitude on each count concurrent.
~ ~ ~ ~ ~
Dubbo Dispatch and Wellington Independent, Fri 12 Sep 1913 9
CIRCUIT COURT.
———◦———
…
The Dubbo Circuit Court was opened on Wednesday, before his Honor Mr Justice Pring; Mr Coyle, instructed by Mr RW Kidston, acted as Crown Prosecutor, and his Honor’s Associate was Mr E Beaver. Messrs CE Maybury (Sheriff) and Robertson (Police Magistrate) occupied seats on the bench. The members of the legal profession n court included Messrs D McGuinn, RH Nelson, and C Giugni. Superintendent Bedingfield was also present.
~ ~ ~ ~ ~
Dubbo Dispatch and Wellington Independent, Tue 16 Sep 1913 10
CIRCUIT COURT.
———◦———
…
A DISGUSTING OFFENCE.
Allan McMillan was charged with having committed an unnatural offence against a boy, 15 years of age, at Orange in August 1.
A plea of guilty was tendered.
Mr MacManamey, for the defence, asked his Honor to hear the evidence of Dr Howse, of Orange, as to the state of mind of the prisoner. Mr MacManamey added that he had been unable to ascertain until the plea was actually tendered how the accused would plead.
Dr Howse said he had known prisoner for two years, and from frequent observation he had come to the conclusion that he was insane. He did not mean to suggest that accused did not know the difference between right and wrong, but he had kinks; indeed, so evident were those two kinks that (witness) had seriously questioned as to whether he ought to be at liberty. The majority of men who committed this particular crime were men of intellect, not semi-lunatics of prisoner’s type.
His Honor said this was a beastly offence. Prisoner had pleaded guilty to a crime of considerable magnitude, one of the bad features being that he had threatened to tell the victim’s parents unless he submitted. The offence was one of the worst which had come within his Honor’s cognisance. The sentence would be one of five years penal servitude on each count, the sentences to run concurrent.
~ ~ ~ ~ ~
The Leader and Orange Stock and Station News, Tue 16 Sep 1913 11
LOCAL & GENERAL.
————
…
ORANGE CASES AT DUBBO.
At the General Sessions at Dubbo yesterday, before Mr Justice Pring, Allan McMillan was convicted of having committed an indecent assault at Orange, and sentenced to five years imprisonment. It was reported that a similar sentence was imposed on William Langham, who pleaded guilty to wounding his wife with intent.
~ ~ ~ ~ ~
The Leader and Orange Stock and Station News, Thu 18 Sep 1913 12
ORANGE TRIALS AT DUBBO.
———◦———
…
A DISGUSTING OFFENCE.
Allan McMillan was charged with having committed an unnatural offence against a boy, 15 years of age, at Orange, on August 1.
A plea of guilty was tendered.
Mr MacManamey, for the defence, asked his Honor to hear the evidence of Dr Howse, of Orange, as to the state of mind of the prisoner. Mr MacManamey added that he had been unable to ascertain until the plea was actually tendered how the accused would plead.
Dr Howse said he had known prisoner for two years, and from frequent observation he had come to the conclusion that he was insane. He did not mean to suggest that accused did not know the difference between right and wrong, but he had kinks; indeed so evident were these two kinks that witness had seriously questioned as to whether he ought to be at liberty. The majority of men who committed this particular crime were men of intellect, not semi-lunatics of prisoner’s type.
His Honor said this was a beastly offence. Prisoner had pleaded guilty to a crime of considerable magnitude, one of the bad features being that he had threatened to tell the victim’s parents that he had submitted. The offence was one of the worst which had come within his Honor’s cognisance. The sentence would be one of five years’ penal servitude.
~ ~ ~ ~ ~
Allen McMillen, Gaol photo sheet 13
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 232, p. 41, R5125.](../../images/trials/1913-McMillen-5994-gaol-photo-232.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 232, p. 41, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 232
Grafton
Date when Portrait was taken: 13-10-1913
Name: Allen McMillen
|
Native place: NS Wales Year of birth: 1859 Arrived Ship: – Trade or occupation Religion: Presbyterian Education, degree of: Write only Height: 5' 7¼" Weight On committal: 150 Colour of hair: Sandy Colour of eyes: Grey |
Marks or special features: Scar outside left thigh, 2 scars on left knee, 2 vaccination marks left arm |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Dubbo CC |
15 |
9 |
1913 |
(1) Buggery |
5 years P.S. |
1 The Leader and Orange Stock and Station News, Thu 7 Aug 1913, p. 2.
2 The Leader and Orange Stock and Station News, Wed 13 Aug 1913, p. 2. Emphasis added.
3 SRNSW: NRS880, [9/7185], Supreme Court, Papers and depositions, Dubbo, 1913, No. 166. Emphasis added.
4 Mn: Rex versus Allan McMillen (1) Buggery (2) Indecent assault
5 Two ‘Subpoenas’ were found in the file these have been combined into one.
6 Mn: The venue of trial has been changed from Orange Quarter Sessions to Dubbo Circuit Court
7 Mn: Fingerprints not known. Sep 2 1913
8 SRNSW: NRS7563, [7/9760], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, p. 44.
9 Dubbo Dispatch and Wellington Independent, Fri 12 Sep 1913, p. 4.
10 Dubbo Dispatch and Wellington Independent, Tue 16 Sep 1913, p. 4. Emphasis added.
11 The Leader and Orange Stock and Station News, Tue 16 Sep 1913, p. 2.
12 The Leader and Orange Stock and Station News, Thu 18 Sep 1913, p. 3.
13 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 232, p. 41, R5125.