This is a reasonably common name but this may be your man -
Victoria, Australia, Coroner Inquest Deposition Files, 1840-1925 for James McMillan
Castlemaine District, Daylesford.
Name: James McMillan
Gender: Male
Death Place: Australia
Inquest Date: 27 Oct 1862
Inquest Place: Table Hill, near Daylesford, Victoria
Cause of Death: The deceased came by his death on Saturday last inst (25th) at Table Hill near Daylesford the consequence of a tree having accidentally fallen.
The attending doctor (James Peter Hill) states that he saw James McMillan 'much mutilated'. Autopsy showed fractured spine, fractured ribs on the right side, fractured legs. "Any heavy substance falling on the body might have caused such injuries. Death probably ensued very quickly as the injuries were so severe."
There is also a sad deposition from his 9 year-old son, George, who was helping to fell the tree. George ran away when the tree began to fall but his father was caught by one of the branches which struck him on the back of the neck. "He never spoke afterwards"
Judith