LAWYERS

Gerard Kennedy as Charles Smyth in Simpson's 'The Trial of Ned Kelly'.

LAWYERS

FOR THE DEFENCE: Beechworth solictor WILLIAM ZINCKE was initially selected to handle Ned Kelly's defence at the Preliminary trial in August 1880. Zincke had previously represented Kelly family members and had appeared for the gaoled sympathisers in 1879 and was a member of Parliament. However, it wound up being DAVID GAUNSON who was also a member of Parliament and anti-death penalty opponent, who represented Ned Kelly at the preliminary trial. Gaunson himself could not represent Ned at the final trial at the Melbourne Supreme Court, as one had to be a barrister to do so (but he was there as the instructing solicitor).
Thus, Gaunson wished to retain the services of the very capable and in demand barrister HICKMAN MOLESWORTH. However, Molesworth's fees, which he would not reduce despite the case being a notorious/celebrated one, were too high. He usually received 50 guineas a day and the Crown would only allow 14 guineas a day to be shared between both lawyers. Molesworth even went before Judge Redmond Barry and asked for a postponement of the trial so that additional funds could be raised. The motion was denied.

In Melbourne on the first day of the trial in October 1880, David Gaunson sent a young barrister, HENRY BINDON, over to the Supreme Court building to ask for a trial postponement as he was not up to speed on the case. Judge Barry granted only a 10 day adjournment, not the longer one that was hoped for. In the meantime, against all hope, the Kelly family tried to raise the funds for Molesworth's fees, but alas, they were unable to. Hickman Molesworth would not be the man representing Ned Kelly, instead it would be Mr. Bindon, who was not even in Australia during the main part of the Kelly Outbreak, thus he knew less than anyone in the country about it. Also he had never tried a case at the Supreme Court before. As Chief Justice John Phillips put it in "The Trial of Ned Kelly": "Edward Kelly, on trial for his life for murder, would be represented by the most inexperienced barrister in the colony."

Ned Kelly was quoted as saying "Mr. Bindon knew nothing about my case."

In the meantime, David Gaunson and his brother, William, were leading the fight to get a reprieve for Ned Kelly.

FOR THE PROSECUTION: At the Preliminary trial in Beechworth HENRY GURNER, a longtime member of the Melbourne Club, was the Crown Solicitor and he instructed CHARLES SMYTH and ARTHUR CHOMLEY. Charles Smyth was a barrister and Crown Prosecutor. Smyth, born in Ireland, was previously a newspaper reporter, Crown Prosecutor at Bendigo and Beechworth, and acting county court judge.
Arthur Chomley, a barrister, was Assistant Crown Prosecutor. His brother was H.M. Chomley, who became Chief Commissioner of Police in Victoria after Captain Standish retired.
Charles Smyth and Arthur Chomley handled the prosecution in Melbourne before the Supreme Court.

Of course, we know that the Prosecution prevailed.

(The above text was presented by Sharon Hollingsworth)