Judge Sir Redmond Barry,

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Importance of Sir Redmond Barry

The judge who sentenced Mrs Kelly to Gaol and Ned Kelly to death

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In 1868 I sentenced James Kelly to death for arson in Beechworth after he burnt down the old pub in Greta where Ellen Kelly was living with her children. The sentence was commuted by the government.

I met Mrs Kelly and her friends when I presided over her trail in Beechworth.

Mr John McElroy, one of the sympathizers on remand in the Beechworth Gaol, made application for a writ of habeas corpus in an attempt to gain his freedom. The allegation was that they had been illegally taken into custody. I heard this matter in the Supreme Court in Melbourne on 18/2/1879. The claim was rejected. The documenation was not complete. (Argus21/2/79)

I was appointed as the trial judge.

Ned Kellys counsel tried to delay the start of the trial. They made application to me to try and delay the case until the next sitting of the court. After agreeing to a few adjornments I decided that it was not in the interests of justice to grant any more. (Argus20/9/80) (Argus14/10/80) (Argus19/10/80) (JJK)

I died soon after the trial (Argus29/10/80) (Argus30/10/80) (Argus27/11/80) (JJK)

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11-may-10