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How Ned Kelly judge’s racy affair derailed Sydney legal career

Redmond Barry sent Ned Kelly to the gallows, but he never would have sat in judgment if not for some poor judgment of his own.

Judge Redmond Barry. Picture: State Library Victoria
Judge Redmond Barry. Picture: State Library Victoria

Redmond Barry is best known as the judge who sent Ned Kelly to the gallows.

But he never would have sat in judgment that day if it wasn’t for some poor judgment of his own.

This week, State Library Victoria reference librarian Andrew McConville tells the In Black and White podcast the tale of Barry’s sensational love affair at sea and how it changed the trajectory of his life:

Raised in an upper-class Irish family, Barry set sail for Australia in his mid-20s, planning to establish himself as a lawyer in Sydney.

But his life plans unravelled when he became embroiled in a love affair with a married woman.

“He did have a great eye for the ladies, and … did conduct a number of love affairs and he was normally fairly discreet about that,” Mr McConville says.

“But the journey to Sydney was four months, so it was a long time on the ship.

“And he did start an affair with a married woman on the ship, which was fairly hard to keep secret and became common knowledge.”

The woman’s husband threw her out of their cabin, while Barry and the woman continued the flagrant affair throughout the journey.

Judge Redmond Barry's former house in Thomson St, off Law Courts Place, in Melbourne in 1919. Picture: The Argus.
Judge Redmond Barry's former house in Thomson St, off Law Courts Place, in Melbourne in 1919. Picture: The Argus.

“And Redmond Barry became persona non grata on the ship,” Mr McConville says.

“But yes, he did become very notorious on the ship, and that didn’t do him any favours when they landed in Sydney.”

The scandal ended Barry’s legal career in Sydney before it began.

“Basically, the various people that he thought he would be introduced to and would impress, people like the governor and other important people, they heard about the affair before he had a chance to meet them,” Mr McConville says.

“And he found that in that sort of ruling class of NSW … his reputation was very poor because of his behaviour on the ship.

“And so he fairly quickly made the decision that he would not stay in Sydney. He would head to Melbourne.”

Judge Redmond Barry
Judge Redmond Barry
Sir Redmond Barry ca. 1860-1879. Picture: State Library Victoria.
Sir Redmond Barry ca. 1860-1879. Picture: State Library Victoria.

He reached the fledgling township of Melbourne in 1839, only four years after white settlement.

Barry soon rose up the ranks as a lawyer, became a Supreme Court judge, and wielded great influence.

He made enormous contributions to the cultural and educational life of the city, including key roles in founding Melbourne University and the State Library.

“I think we really should think of him as being one of the key figures in the establishment of the Melbourne that we know now, those great institutions we have that are world-leading institutions,” Mr McConville says.

To learn more, listen to the interview in the free In Black and White podcast on Apple Podcasts, Spotify or web.

See In Black & White in the Herald Sun newspaper every Friday for more stories and photos from the past.

Jen Kelly
Jen KellyIn Black and White columnist

Jen Kelly has been the Herald Sun’s In Black and White columnist since 2015, sharing our readers’ quirky and amusing stories from the past and present. She also writes and hosts a weekly history podcast called In Black and White on Australia’s forgotten characters, featuring interviews with a range of historians, authors and experts. Jen has previously covered general news, features, health, city affairs, state politics, travel, parenting and books over more than 25 years at the Herald Sun.

Original URL: https://www.heraldsun.com.au/news/opinion/in-black-and-white/how-ned-kelly-judges-racy-affair-derailed-sydney-legal-career/news-story/826f9d4501cb2047819e703b97ccfdcf