Joseph Leary

Leary was born in 1831 in Campbelltown, 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.{{cite web |title=Leary, John (1792–1846) |work=People Australia |publisher=National Centre of Biography, Australian National University |url=http://peopleaustralia.anu.edu.au/biography/leary-john-29186 |access-date=30 December 2020}}{{cite news |url=https://nla.gov.au/nla.news-article36866118 |title=Licensed publicans of Sydney |newspaper=The Australian |date=5 August 1831 |accessdate=30 December 2020 |page=4 |via=Trove}} Both his parents died in November 1846, leaving 5 children orphans when he was {{age in years|1831|1846}}.{{cite news |url=https://nla.gov.au/nla.news-article31749286 |title=Died: Mrs Leary |newspaper=Sydney Chronicle |date=21 November 1846 |accessdate=30 December 2020 |page=3 |via=Trove}} He was educated at St. Mary's Seminary School, at Sydney College under William Cape, and for two years at the University of Sydney. One brother, George, was secretary to Henry Parkes and William Dalley during their emigration lectures in England and was subsequently clerk of petty sessions in Mudgee.{{cite news |url=https://nla.gov.au/nla.news-article107187520 |title=Decease of Mr. George Leary |newspaper=Evening News |date=21 July 1876 |accessdate=30 December 2020 |page=4 |via=Trove}}

He married Catherine Keighran on 6 September 1854,{{cite news |url=https://nla.gov.au/nla.news-article115554500 |title=Married |newspaper=Freeman's Journal |date=16 September 1854 |accessdate=30 December 2020 |page=11 |via=Trove}} and together they had 10 children, 5 daughters and 5 sons.

In 1860 he contested the seat of Narellan, which covered the Campbelltown area, defeating sitting member John Hurley. He was defeated by Hurley at the 1864 election. He regained the seat at the election in 1869 but was defeated again by Hurley at the 1872 election.{{Cite NSW election |title=Elections for the District of Narellan |year=DistrictIndexes |district=Narellan |accessdate=2020-12-30}} Leary unsuccessfully sought to return to parliament standing for The Murrumbidgee at the 1875 election, but won the seat unopposed in the 1876 by-election, holding it in 1877.{{cite NSW election |title=Elections for the District of Murrumbidgee |year=DistrictIndexes |district=Murrumbidgee |accessdate=2020-12-30}} He was appointed Minister of Justice and Public Instruction in the Farnell ministry in December 1877, and retired with his colleagues on their defeat in December 1878. Leary unsuccessfully contested Camden at the 1880 election.{{cite NSW election |year=1880 |district=Camden |accessdate=2020-12-30}}

Leary served his articles under the supervision of Richard Driver and in December 1866 he was admitted an attorney and solicitor of the Supreme Court of New South Wales, with his admission being moved by William Dalley.{{Australian Dictionary of Biography |id2=leary-joseph-4003 |title=Leary, Joseph Michael (1831–1881) |first=Mark |last=Lyons |volume=5 |year=1974 |access-date=2020-12-30}}{{cite news |url=https://nla.gov.au/nla.news-article13141985 |title=Supreme Court: admission of attorneys |newspaper=The Sydney Morning Herald |date=24 December 1866 |accessdate=30 December 2020 |page=2 |via=Trove}} 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 of Braidwood.{{cite news |url=https://nla.gov.au/nla.news-article225472923 |title=Appointment of commissioners |newspaper=New South Wales Government Gazette |issue=20 |date=29 January 1867 |accessdate=31 December 2020 |page=267 |via=Trove}} This was in reference to the crimes of the bushrangers the Clarke brothers, and whether police and magistrates had been diligent in seeking to apprehend them. The commission heard evidence from more than 50 witnesses, including Hugh Wallace, a member of the Legislative Council and James Rodd, the member for Goldfields 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".{{cite book |first=Peter |last=Cloete |first2=John |last2=Richardson |author-link2=John Soame Richardson |first3=David |last3=Campbell |first4=Joseph |last4=Leary |author-link4=Joseph Leary |first5=Edmund |last5=Fosbery |author-link5=Edmund Fosbery |name-list-style=amp |title=Report of the Royal Commission to enquire into crime in the Braidwood District |url=https://www.parliament.nsw.gov.au/hansard/Documents/Votes%20and%20Proceedings%201867-1868%20-%202.pdf |publisher=Parliament of New South Wales |access-date=31 December 2020 |date=30 July 1867 |work=Votes and proceedings of the Legislative Assembly 1867-8 |volume=2 |pages=115–125}}

The Clarke brothers were arrested in April 1867 and one of Leary's first cases was instructing Dalley in their defence.{{cite news |url=https://nla.gov.au/nla.news-article13147257 |title=Central criminal court: wounding with intent to murder |newspaper=The Sydney Morning Herald |date=29 May 1867 |accessdate=30 December 2020 |page=2 |via=Trove}} Both were convicted and sentenced to death. An appeal to the full court of the Supreme Court on a point of law was unsuccessful,{{cite news |url=https://nla.gov.au/nla.news-article60841228 |title=Supreme Court: Queen v Thomas Clarke and another (Bushrangers) |newspaper=The Empire |date=13 June 1867 |accessdate=30 December 2020 |page=5 |via=Trove}} and the brothers were executed on 25 June 1867.{{cite news |url=https://nla.gov.au/nla.news-article13151806 |title=Execution of the Clarkes |newspaper=The Sydney Morning Herald |date=26 June 1867 |accessdate=31 December 2020 |page=5 |via=Trove}} Leary became a member of the Society for Abolition of Capital Punishment, subsequently serving on its executive.

Rowland Hassall subsequently sued James Rodd for slander in relation to his evidence before the royal commission.{{cite news |url=https://nla.gov.au/nla.news-article13181504 |title=Great slander case Hassall v Rodd |newspaper=The Sydney Morning Herald |date=16 June 1869 |accessdate=31 December 2020 |page=6 |via=Trove}} The case was prosecuted by the current and 2 former Attorneys General, Sir William Manning {{post-nominals|country=AUS|QC}}, John Darvall {{post-nominals|country=AUS|QC}} and Sir James Martin {{post-nominals|country=AUS|QC}}.{{Australian Dictionary of Biography |first=Martha |last=Rutledge |title=Stephen, Sir Matthew Henry (1828–1920) |id2=stephen-sir-matthew-henry-1301 |accessdate=2020-12-31}} Leary instructed Henry Stephen and Edward Butler to successfully defend Rodd in a trial lasting 15 days.{{cite news |url=https://nla.gov.au/nla.news-article28421036 |title=Hassall v Rodd |newspaper=The Sydney Morning Herald |date=18 June 1869 |accessdate=31 December 2020 |page=5 |via=Trove}}

He died in {{death year and age|1881|1831}} after suffering from Bright's disease.{{cite news |url=https://nla.gov.au/nla.news-article70961705 |title=Obituary: Mr Joseph Leary |newspaper=Australian Town and Country Journal |date=29 October 1881 |accessdate=30 December 2020 |page=13 |via=Trove}}

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{{s-bef|before=John Hurley}}

{{s-ttl|title=Member for Narellan | years=1860–1864}}

{{s-aft|after=John Hurley}}

{{s-bef|before=John Hurley}}

{{s-ttl|title=Member for Narellan | years=1869–1872}}

{{s-aft|after=John Hurley}}

{{s-bef|before=William Forster}}

{{s-ttl|title=Member for The Murrumbidgee | years=1876–1880}}

{{s-aft|after=James Douglas
George Loughnan}}

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{{s-bef|before=John Lackey}}

{{s-ttl | title= Minister of Justice and Public Instruction |years=1877{{spaced ndash}}1878}}

{{s-aft | after=Francis Suttor}}

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Category:1831 births

Category:1881 deaths

Category:Members of the New South Wales Legislative Assembly

Category:19th-century Australian politicians

Category:Australian royal commissioners

Category:Ministers for justice (New South Wales)

Category:Ministers for education (New South Wales)