Sir Redmond Barry (7 June 181323 November 1880), was an Irish-born judge in the Australian colony of Victoria. A major figure in the early civic life of

Melbourne Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victori ...

, Barry was instrumental in founding several key institutions in the city, including the

University of Melbourne The University of Melbourne (colloquially known as Melbourne University) is a public university, public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in the state ...

and

State Library Victoria State Library Victoria (SLV) is the state library of Victoria, Australia. Located in Melbourne, it was established in 1854 as the Melbourne Public Library, making it Australia's oldest public library and one of the first free libraries in th ...

, outside of which a statue of him stands. He is also well known for presiding over the trial of the Eureka rebels, as well as having sentenced the

bushranger Bushrangers were armed robbers and outlaws who resided in The bush#Australia, the Australian bush between the 1780s and the early 20th century. The original use of the term dates back to the early years of the British colonisation of Australia ...

and outlaw

Ned Kelly Edward Kelly (December 185411 November 1880) was an Australian bushranger, outlaw, gang leader, bank robber and convicted police-murderer. One of the last bushrangers, he is known for wearing armour of the Kelly gang, a suit of bulletproof ...

to death.

Early life

Barry was the third son of Major-General Henry Green Barry, of Ballyclogh near Kilworth,

County Cork County Cork () is the largest and the southernmost Counties of Ireland, county of Republic of Ireland, Ireland, named after the city of Cork (city), Cork, the state's second-largest city. It is in the Provinces of Ireland, province of Munster ...

, Ireland, and his wife Phoebe Drought, daughter of John Armstrong Drought and Letita Head. Barry had five brothers and six sisters and was educated at a military school, Hall Place, near Bexley,

Kent Kent is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Essex across the Thames Estuary to the north, the Strait of Dover to the south-east, East Sussex to the south-west, Surrey to the west, and Gr ...

. Returning to Ireland in 1829, he was unable to obtain a military commission so began his own further education. Following his own classics programme, translating classical authors into English verse, he furthered his scholarly pursuits by reading a variety of old and new writers. In 1832, he entered

Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...

, graduated in 1835 with the usual Bachelor of Arts degree, and was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

in Dublin in 1838. After his father's death, Barry sailed for

Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...

, capital of the British

Colony of New South Wales The Colony of New South Wales was a colony of the British Empire from 1788 to 1901, when it became a State of the Commonwealth of Australia. At its greatest extent, the colony of New South Wales included the present-day Australian states of New ...

Life and work in Australia

Barry arrived in New South Wales in April 1837 and was admitted to the New South Wales Bar. Galbally, Ann, ''Redmond Barry: An Anglo-Irish Australian'' (Carlton, Vic., Melbourne University Press, 1995) After two years in Sydney, Barry moved to Melbourne, a city with which he was ever afterwards closely identified, arriving at the new

Port Phillip Port Phillip (Kulin languages, Kulin: ''Narm-Narm'') or Port Phillip Bay is a horsehead-shaped bay#Types, enclosed bay on the central coast of southern Victoria (Australia), Victoria, Australia. The bay opens into the Bass Strait via a short, ...

Settlement on 13 November 1839. In 1841, Barry served as the defence lawyer for Tunnerminnerwait and Maulboyheenner, two Indigenous rebels on trial for murder. Barry questioned the legal basis of British authority over Aborigines who were not citizens and claimed that the evidence was dubious and circumstantial. Despite his best efforts, the two men were found guilty and subsequently hanged on 20 January 1842, becoming the first people in Victoria to be legally executed. After practising his profession for some years, he became commissioner of the Court of Requests, and after the creation in 1851 of the colony of Victoria, out of the Port Phillip district of New South Wales, he became the first Solicitor-General of Victoria, with a seat in both the Legislative and Executive Councils. In 1852, he was appointed a judge of the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court compri ...

. Later he also served as acting Chief Justice and Administrator of the government. Barry was noted for his service to the community, and he convinced the state government to spend money on public works, particularly on education. He was instrumental in the foundation of the Royal Melbourne Hospital (1848), the

(1853), and the

State Library of Victoria State Library Victoria (SLV) is the state library of Victoria, Australia. Located in Melbourne, it was established in 1854 as the Melbourne Public Library, making it Australia's oldest public library and one of the first free libraries in th ...

(1854). He served as the first

chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...

of the university until his death and was also president of the trustees of the State Library. He was the first President of th
Ballarat School of Mines
(1870), which later became Ballarat University and is now

Federation University Australia Federation University Australia (FedUni) is a public university based in Victoria, Australia. It is the modern descendant of the School of Mines Ballarat, established in 1870 as the fourth tertiary institution in Australia, which evolved to f ...

. Barry was the judge in the

Eureka Stockade The Eureka Rebellion was a series of events involving gold miners who revolted against the British administration of the colony of Victoria, Australia, during the Victorian gold rush. It culminated in the Battle of the Eureka Stockade, wh ...

treason trials in the Supreme Court in 1855. The thirteen miners were all acquitted. In 1857, Barry conducted the inquest into the murder of Inspector-General John Giles Price, who was beaten to death by a group of at least 15 convicts during an inspection of the prison quarries in

Williamstown, Victoria Williamstown is a suburb in Melbourne, Victoria (state), Victoria, Australia, south-west of Melbourne's Melbourne central business district, Central Business District, located within the City of Hobsons Bay Local government areas of Victoria, ...

. Seven of the convicts involved in the attack on Price were found guilty, and sentenced to death by hanging. The seven men were executed at Melbourne Gaol within a three-day period from 28 to 30 April. He chaired the committee for the Victorian Intercolonial Exhibition in Melbourne, and represented Victoria at the London International Exhibition of 1862 and at the Philadelphia Exhibition of 1876. He was made a

knight bachelor The title of Knight Bachelor is the basic rank granted to a man who has been knighted by the monarch but not inducted as a member of one of the organised Order of chivalry, orders of chivalry; it is a part of the Orders, decorations, and medals ...

in 1860, and was created a

Knight Commander Knight Commander (or Dame Commander) is the second most senior grade of seven British orders of chivalry, three of which are dormant (and one of them continues as a German house order). The rank entails admission into knighthood, allowing the rec ...

of the

Order of St Michael and St George The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George, Prince of Wales (the future King George IV), while he was acting as prince regent for his father, King George III ...

(KCMG) in 1877.

Kelly cases

In October 1878, at Beechworth court, Barry presided over a case in which Mrs Ellen Kelly (King) and two men were accused of

aiding and abetting Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally al ...

the

attempted murder Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seve ...

of a

Victoria Police Victoria Police is the primary law enforcement agency of the Australian States and territories of Australia, state of Victoria (Australia), Victoria. It was formed in 1853 and currently operates under the ''Victoria Police Act 2013''. , Victor ...

constable A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions. ''Constable'' is commonly the rank of an officer within a police service. Other peo ...

named Alexander Fitzpatrick. After sentencing Mrs Kelly to three years with hard labour, Barry said, "if your son Ned were here I would make an example of him for the whole of Australia – I would give him fifteen years". In 1880, Barry presided at the final trial of

, who was tried and convicted of murdering three other Victoria Police constables. The trial and sentencing have since been the subject of many articles and books by lawyers and historians. When he sentenced Kelly to death by hanging, Barry uttered the customary words "May God have mercy on your soul". According to the transcripts, Kelly replied "I will go a little further than that, and say I will see you there when I go." On 23 November 1880, only twelve days after Kelly's execution, Barry died from what the doctors described as "congestion of the lungs and a carbuncle in the neck".

Contribution to libraries

Barry laid the foundations of the Supreme Court Library (Melbourne) and was the prime mover establishing the Melbourne Public Library. As a legislator he promoted the Parliamentary Library. He organised the Governor, Sir Charles Hotham, to lay the foundation stones of

, Melbourne Public Library and Sunbury Industrial School ater Sunbury Lunatic Asylumin 1854 – all on the same day. Sir Redmond Barry virtually single-handedly planned the Melbourne Public Library building and its contents. He had a 'hands-on' approach personally writing book selection and acquisition procedures – even helping to shelve books for the Library's 1856 opening. In 1862 and 1877–1878, he went to Europe, England and America, purchasing books and pictures for University, Law and Public Libraries and Art Gallery. As Board of Trustees Chairman he was responsible for starting travelling libraries and supporting extended library hours. In September 1870, he "acquired"

Marcus Clarke Marcus Andrew Hislop Clarke (24 April 1846 – 2 August 1881) was an English-born Australian novelist, journalist, poet, editor, librarian, and playwright. He is best known for his 1874 novel ''For the Term of His Natural Life'', about the con ...

as Public Library Trustees clerk (later secretary), who until his death in 1881 worked as sub-librarian. Historian Geoffrey Blainey has said: "There can be fewer men with greater concern for and a greater and better vision for the young colonial society in which Redmond Barry made his life". Books and reading were intrinsic to Barry's own educational and intellectual development, so he wanted these advantages for other people. The reason for his support of the Melbourne Public Library, the Law Library and his support of Mechanic Institutes was free access to libraries for all and not just a select few.

Personal life

Barry never married, but had four children with Louisa Barrow, all of whom he acknowledged and supported. In August 1841, he was involved in a duel with pastoralist Peter Snodgrass, whose pistol discharged prematurely. Barry then discharged his own pistol harmlessly into the air.

Death

'' The Argus'' reported that Barry had been suffering from diabetes for about ten years, but on his return from his trip to Europe and America it was apparent that the disease had affected his system. On Monday, 15 November, he was first troubled with a carbuncle on his neck. Sir Redmond was counselled by his medical adviser to at once rest from duty, but he was reluctant to do so, and continued to attend the court until he was compelled to take rest. He was constantly attended by Dr Gunst, who, however, could scarcely impress his patient with a sense of the very serious nature of his disease, which he regarded somewhat lightly. He became restless, and it was deemed advisable to place him under the constant care of a nurse. Despite the precautions, Barry caught cold through exposure, and congestion of the left lung set in. Dr Gunst held a consultation with Dr Teague, and pronounced the case hopeless. The left lung had become greatly congested, and this, together with the exhaustion and wasting away of the system resulting from the previous disease, proved fatal. Barry was a book collector and left a substantial library that was auctioned after his death.

Memorials and legacy

The

has named a reading room after Sir Redmond Barry, who was the first chair of the Board of Trustees of the Melbourne Public Library. A statue of Barry was installed in front of the library in 1887. The

, of which he was the first

Chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...

, has a Redmond Barry building named for him. A plaque marking the location of Sir Redmond Barry's residence is located near the corner of Josephine Avenue and High Street Road in Mount Waverley. The University of Melbourne also established the Redmond Barry Distinguished Professor, a title awarded to multiple professors within the university who display outstanding research and leadership. The

Australian Library and Information Association The Australian Library and Information Association (ALIA), formerly the Australian Institute of Librarians and Library Association of Australia, is the peak professional organisation for the Australian library and information services sector. ...

's highest honour that can be bestowed on an individual not eligible for membership of the association is the Redmond Barry Award awarded in recognition of outstanding service to or promotion of a library and information service or libraries and information services, or to the theory or practice of library and information science, or an associated field.

Portrayals in film

Barry has appeared as a character in three dramatisations of the

story: *He appears in Tony Richardson's 1970 biopic about the bushranger, played by acting veteran

Frank Thring Francis William Thring IV (11 May 1926 – 29 December 1994) was an Australian character actor in radio, stage, television and film; as well as a theatre director. His early career started in London in theatre productions, before he starred i ...

.Corfield, Justin ''The Ned Kelly Encyclopaedia'' (2003); Lothian Books; p. 158. *He has a prominent role in the 1977 television drama '' The Trial of Ned Kelly'', where he was played by John Frawley. * He appeared in the 1980 miniseries '' The Last Outlaw'', played by David Clendinning.Corfield, Justin ''The Ned Kelly Encyclopaedia'' (2003); Lothian Books; p. 160. Barry is also a minor character in Philippe Mora's bushranging biopic ''

Mad Dog Morgan ''Mad Dog Morgan'' is a 1976 Australian bushranger film directed by Philippe Mora and starring Dennis Hopper, Jack Thompson and David Gulpilil. It is based upon the life of Dan Morgan. Plot Dan Morgan witnesses a bloody massacre of Chines ...

'', where he is played by Peter Collingwood.

Works

* Address on the opening of the Free Public Library of Ballarat East, on Friday, 1st. January 1869

References

Sources

*Blainey, Geoffre
''A Centenary History of the University of Melbourne.''
Carlton, Vic.; Melbourne University Press; 1957 *Corfield, Justi
''The Ned Kelly Encyclopaedia''
Lothian Books; 2003 *Cowan, (Sir) Zelman The Redmond Barry Centenary Oration. Delivered at Wilson Hall, University of Melbourne; elbourne Royal Historical Society of Victoria;

980 Year 980 ( CMLXXX) was a leap year starting on Thursday of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) at Margut, ending the Franco-Germa ...

*Galbally, An
''Redmond Barry: An Anglo-Irish Australian.''
Carlton, Vic.; Melbourne University Press; 1995 *Jones, David J
''The Australian Librarian's Manual: Volume 3: Glossary.''
Sydney, Library Association of Australia 1985 *Kenneally, J. J
''The Inner History of the Kelly Gang and their pursuers''
(first printed 1929); (quote above from 1969 (8th) edition p. 188) * * Ryan, Peter (1980). ''Redmond Barry: A Colonial Life 1813–1880'' (Revised edition). Melbourne: Melbourne University Press. . Small pamphlet.

External links

* *
Supreme Court of Victoria Website

Redmond Barry's Gravesite
* Peter Ryan,

, ''

Australian Dictionary of Biography The ''Australian Dictionary of Biography'' (ADB or AuDB) is a national co-operative enterprise founded and maintained by the Australian National University (ANU) to produce authoritative biographical articles on eminent people in Australia's ...

'', Volume 3, Melbourne University Press, 1969, pp 108–111.
Redmond Barry Award, Australian Library and Information Association

Ballyclough/Ballyclogh House
{{DEFAULTSORT:Barry, Redmond Judges of the Supreme Court of Victoria Australian Knights Commander of the Order of St Michael and St George Australian Knights Bachelor Chancellors of the University of Melbourne 1813 births 1880 deaths Members of the Victorian Legislative Council Solicitors-general of Victoria Irish-Australian culture Irish emigrants to colonial Australia Australian people of Anglo-Irish descent Colony of Victoria judges 19th-century Australian politicians Settlers of Melbourne Australian duellists Australian book and manuscript collectors Lawyers from County Cork Alumni of Trinity College Dublin Eureka Rebellion People of the Eureka Rebellion