Joseph Michael Leary (1831–20 October 1881), was an Australian politician and solicitor, serving as a member of theNew South Wales Legislative Assembly.[1][2]
Leary was born in 1831 inCampbelltown, to John Leary and Catherine, née Jones. His father was convicted of theft and transported to Sydney, arriving in 1816 and subsequently worked as a constable and then publican.[3][4] Both his parents died in November 1846, leaving 5 children orphans when he was 14–15.[5] He was educated atSt. Mary's Seminary School, atSydney College underWilliam Cape, and for two years at theUniversity of Sydney. One brother, George, was secretary toHenry Parkes andWilliam Dalley during their emigration lectures in England and was subsequently clerk of petty sessions inMudgee.[6]
He married Catherine Keighran on 6 September 1854,[7] and together they had 10 children, 5 daughters and 5 sons.[1]
In 1860 he contested the seat ofNarellan, which covered the Campbelltown area, defeating sitting memberJohn Hurley. He was defeated by Hurley at the1864 election. He regained the seat at theelection in 1869 but was defeated again by Hurley at the1872 election.[8] Leary unsuccessfully sought to return to parliament standing forThe Murrumbidgee at the1875 election, but won the seat unopposed in the1876 by-election, holding it in1877.[9] He was appointedMinister of Justice and Public Instruction in theFarnell ministry in December 1877, and retired with his colleagues on their defeat in December 1878.[1] Leary unsuccessfully contestedCamden at the 1880 election.[10]
Leary served his articles under the supervision ofRichard Driver and in December 1866 he was admitted an attorney and solicitor of theSupreme Court of New South Wales, with his admission being moved by William Dalley.[11][12] The following month he was appointed one of five commissioners to conduct a Royal Commission to inquire into and report upon the state of lawlessness and crime prevailing in the district ofBraidwood.[13] This was in reference to the crimes of the bushrangers theClarke brothers, and whether police and magistrates had been diligent in seeking to apprehend them. The commission heard evidence from more than 50 witnesses, includingHugh Wallace, a member of theLegislative Council andJames Rodd, the member forGoldfields South, which included the Braidwood goldfields. The commissioners reported that Rowland Hassall, one of the magistrates "has refrained from taking any open or active part against the bushrangers or their associates, to preserve himself and his property from outrage and depredation. He has throughout evaded his duty as a Magistrate, by systematically abstaining from adjudicating, or in any way taking part in cases against such offenders or their connections".[14]
The Clarke brothers were arrested in April 1867 and one of Leary's first cases was instructing Dalley in their defence.[15] Both were convicted and sentenced to death. An appeal to the full court of theSupreme Court on a point of law was unsuccessful,[16] and the brothers were executed on 25 June 1867.[17] Leary became a member of the Society for Abolition of Capital Punishment, subsequently serving on its executive.[11]
Rowland Hassall subsequently sued James Rodd for slander in relation to his evidence before the royal commission.[18] The case was prosecuted by the current and 2 formerAttorneys General,Sir William ManningQC,John DarvallQC andSir James MartinQC.[19] Leary instructedHenry Stephen andEdward Butler to successfully defend Rodd in a trial lasting 15 days.[20]
He died in 1881 (aged 49–50) after suffering fromBright's disease.[21]
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| New South Wales Legislative Assembly | ||
|---|---|---|
| Preceded by | Member forNarellan 1860–1864 | Succeeded by |
| Preceded by | Member forNarellan 1869–1872 | Succeeded by |
| Preceded by | Member forThe Murrumbidgee 1876–1880 | Succeeded by |
| Political offices | ||
| Preceded by | Minister of Justice and Public Instruction 1877 – 1878 | Succeeded by |
