RICHARD S. HAYNES

by Frances M. ParkTeachers College, Claremont

October 1958.

PERTH

Introduction

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

CONTENTS.

Early Career in Sydney and Perth

Haynes, the Citizen

Haynes, the Politician

Haynes, the Lawyer

Haynes, His Later Life

Page.

2

8

14

23

32

INTRODUCTION.

While looking through the biographical section of a volume containing such a section

on prominent Western Australian citizens the remarks referring to Mr. R.S. Haynes impressed me as

being those of a very active and interesting man. Further research deepened my interest and I thus

found material for this essay. I should, however, like to acknowledge the hclp of Messrs. Priddle and

Mossenson, also of Miss Lukis and her staff at the Public Library. I am also indebted to Mr. R.A.

Haynes, grandson of R.S. Haynes, whose help and interest in the writing of this biography were

invaluable.

CHAPTER I.

Early Career in Sydney and Perth.

From the time that white man started exploring the land beyond the Swan River

Colony, it was expected that that vast area, judging from its appearance and geological structure would

prove to yield quantities of gold. As explorers opened up more of the land, the reports they brought

back confirmed these expectations, for quantities of alluvial gold, though very small, were constantly

being found. Alexander Forrest, while on one of his greatest exploratory journeys, in the Kimberleys

was so certain of the presence of gold in the area that on his return people, convinced by his reports,

began to make their way to the gold-bearing area. That was in 1879. By 1886 a gold rush was in

progress. As in the gold rushes in the Eastern States, but on a smallcr scale, men came from all over

the world, in an attempt to make their fortune on the goldfields. The majority were from the Eastern

States, and as the news spread, more and more men made their way to the North West of Western

Australia. The alluvial gold, however, proved to be in a very limited quantity and the richer quantities

of gold were embedded in hard rock, and expcnsive machinery was needed before appreciable

quantities could be mined. There were wealthy men in Great Britain and the Eastern States who were

willing to invest money in the area

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and so make this possible. At the time there were not many people in Perth qualified to manage such

legal affairs as would arise from these developments and some of these wealthy investors engaged their

own lawyers to manage their mining interests. Anthony Hordern, a man who made a large contribution

in the development of land and in the expansion of the rail way companies, was one of these men, and

he engaged Richard Haynes to do the necessary legal work attached to his mining investments. Thus it

was that this promising young lawyer already, at the age of twenty eight years, practising successfully

in New South Wales, decided to come to Western Australia. His quick mind and powers of pleading

soon became well-known throughout the colony and Haynes' practice built up successfully, he himself

becoming one of the most notable members of the local profession.

Richard Septimus Haynes was born at Cook's River, near Sydney, New South Wales,

in 1857, and was the seventh child of his parents - hence the name Septimus. The family moved North

to a small place called Morpeth on the Hunter River, shortly after Richard's birth, and Mr. Haynes Sen.

became a prominent citizen of the Hunter District, his profession of school teaching giving him a

reputation of high standing. It is natural that he should have given his children their education, or

rather their elementary education. Those who showed ability to carryon with a higher education, of

whom

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Richard was one, were sent to Sydney to attend the Sydney Grammar School. One son entered the

medical profession and was for a time a prominent doctor in Perth, and another became a member of

the New South Wales House of Assembley. 1

Upon leaving the Grammar School, Richard, however, wishing to combine his debating and arguing

powers with his interest in law and more especially the criminal court, had decided to enter the legal

profession and in 1873 was articled to Messrs. Russell and Holden, solicitors of Sydney. After

working there for some time he subsequently went to Simpson and Simpson, solicitors of Armidale,

New South Wales, where he again gained valuable experience in the career which he had chosen. He

proved so successful that at the early age of twenty three he was admitted to practise in and then

manage the officers of Messrs. Norton and Smith, solicitors of Sydney. He practised there for five

years and in 1885 decided to come to Western Australia. 2 This experience gained in New South

Wales proved invaluable to Haynes in his future career. It was clear from the beginning of his career

that his ability as a lawyer was outstanding and judging from remarks he was heard to make later, the

number of cases he defended while in New South Wales was phenomenal

I. W.B. Kimberley History of W.A. (Mclbournc and Ballarat Vic., 1907) p.19

2. ibid

5 -

for one so young. Being a resident of Sydney during those years, also gave Haynes an insight into

what Federation would mean to Australia and to Western Australia, made him familiar with the

arguments for and against the movement of Federation which made him better able to take his place as

a politician in Western Australia at the turn of the century and the years preceding.

With his wife, nee Marion Goodwin, whom he had married in 1880, Haynes arrived

at Albany in R.M.S. "Cuszo" in November and continued his journey to Fremantle in the S.S. "Rob

Roy". On arriving in Perth, they resided at Bullen's Half Way House, now the Albion Hotel in Stirling

Highway, Cottesloe. The Haynes family occupied a number of houses throughout Perth, the first being

in East Perth on the corner of Goderich Street and Bullens Lane. From there they moved to a house in

Hay Street on a site between George Street and what is now the Melbourne Hotel. From Hay Street the

family shifted to Belmont and then back to Perth, in James Street. This house was known as

"Spotswood House" and is now used by the Traffic Branch of the Police Force. A house which is now

owned by the Loreto Convent was built in Peppermint Grove. In 190 I they finally settled in Queen's

Crescent, Mount Lawley, after having also resided in South Perth and Bulwer Avenue, Perth.

From the moment Haynes set foot in Western Australia he took an enthusiastic

interest in the affairs of the Colony. He very soon became well known as an

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exceptionally capable lawyer, for his first few cases were so successful. However, even had these

successes not made his name well known his energetic work for the general welfare of the colony

would have made him just as prominent a figure in the life of the colony. Proof of this is the fact that

in the year 1886 after he had been in the colony barely a year, Haynes was elected to the Perth City

Council. Although there is little record of his activities while a member of the City Council it can be

assumed that he was by no means an inactive member, if what records there are are any indication of

the way in which his energies were spent. He prepared the by-laws for the Council to regulate the

Council Proceedings and also planned a subdivision of the Council into committees. The other

Councillors seeing Haynes' irrepressible activity commissioned him to report on the work of its

officers, with the result that a City Engineer and Accountant were appointed. Arising from this, two

large loan bills were introduced and were expended in forming new streets. After serving on the

Council for three years Haynes resigned in 1889, but entered again in 1891, sitting for another three

years, at the end of which he did not contest his seat. Also while on the City Council Haynes

advocated and initiated the Municipal Association of Western Australia which met at intervals and is

made up of delegates from the chief municipalities of the colony who meet to discuss matters of most

interests to themselves. In 1894

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Haynes was elected the first Chairman of the Association. Being the founder of this body Haynes

always took a fatherly interest in its activities and drew up the constitution and by-laws. I

In the same year as he was appointed to the City Council, 1886, Haynes was also

appointed the first Chairman of the local Board of Health under the Board of Health Act for the Perth

District. Here, as in everything else he attempted, he worked energetically, drawing up the rules for the

Board, and inspiring its other members with enthusiasm and vitality. He resigned, unfortunately,

because of lack of cooperation from the Police Magistrate in seeing that all the orders were carried out

by all people in every district of Perth. Haynes realized the importance of making sure that each rule

was universally obeyed, otherwise it would be useless to have some being meticulously clean while

others were indifferent, so he gave up in despair when he saw that the Police Force, who could have

made each rule so effective, refused to be of any help at all. 2

Il. J.S. Battye The Cyclopedia of Western Australia Vol. II Adelaide 1912 p.593

2. ibid

CHAPTER 2.

Haynes, the Citizen.

Although Haynes worked exceptionally hard and achieved much while in official

positions, he also worked effectively in the Colony as an ordinary citizen. One of the first matters to

which he applied his energies was Responsible Government, for which he was one of the State's most

ardent advocates. Five to six years after the Australian Colonies Government Act of 1850, all the

Australian Colonies were ready to accept Sel I' Government except Queensland and Western Australia.

Queensland, when it became a separate colony, was granted Self Government in 1859, so that Western

Australia was the only colony left without Responsible Government. The British Government was

unable to grant Responsible Government to Western Australia at the

-9

same time as the other colonies for she was still, at that time, depending on the British Government to

supply convict labour. The first convicts arrived in 1850 and the British Government continued to send

them until 1868. By that time the Colony of Western Australia was well established, with public

buildings, roads and bridges, constructed by the convicts and the colony was beginning to thrive so that

there was no longer any need for the convict labour. The colony withdrew its request for convicts and

attempted, successfully, to manage without the external aid. When, in the 1880s, the gold discoveries

occurred, the need for Responsible Government became more obvious.

When Haynes arrived in 1885 he immediately saw the need for Government and

without hesitation, joined those who were advocating it. Having been born in New South Wales two

years after self government had been granted to that colony he was well aware of the advantages of

responsible government and also of the need for a certain amount of independence before a colony

could really prove itself. With persuasive and convincing letters to the newspapers of the day, Haynes

made known his views regarding the matter, and his reasons for holding these views. More active steps

were taken when he became a founder of the local Central Reform League, and became one of its seven

leaders. This League worked energetically to fulfil its aims and Responsible

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Government was granted in 1890 twelve months after its formation. J

Towards 1890 when agitation for Self Government was nearing a climax, there was,

as is natural, rather serious friction between those who exercised authority in the colony. The

Governor was the object of more resentment and hostility than any of the others in official positions,

for he was the one who exercised the most authority, and it would be his power which would be

weakened in the advent of self government, and it was those who should have been helping and

encouraging him who bore the most resentment towards him. Not least of these troubles occurred

between the governor of the colony at the time, Governor Broome, and Chief Justice Onslow, in the

years 1887-8. Although it is likely that of however amiable a disposition the Governor was there still

would have been strife, the disagreement began with the difference in temperament. Broome was

impatient, imperious, and disliked anyone to question his authority. Onslow on the other hand was

argumentative and excitable and disliked interference, consequently these two men often had serious

disagreements, culminating in the case about to be cited. This particular case began when Governor

Broome asked Onslow for advice on an ad misericordiam appeal, asking for a remission of sentence

l. W.B. Kimberley op. cit. p.19

I I -

from a prisoner of the Crown. The Chief Justice refused to give this advice, and the Governor asked

Sir Henry Holland, the Secretary for the Colonies, for his advice on the question and he replied that

Onslow had been correct but it was his duty to advise on petitions for remission of sentence other than

ad misericordum ones. I Again the Governor asked Onslow for advice on certain petitions and Onslow

refused once more, writing indignantly to the Secretary for Colonies, and in the meantime locking up

the petitions. Governor Broome charged Onslow because, in detaining important State papers, he had

disobeyed orders and he was required to give evidence as to why he should not be suspended from

office. The enraged Chief Justice returned the petitions but handed alI the correspondence, which had

been exchanged between them, to be published. In September of the year 1887 the letters were

published and with them appeared a serious accusation against the Governor by Onslow. He said "I

protest against the manner in which the Governor persists in harassing me, as being calculated to lower

and insult myself and my office, and to degrade the administration ofjustice in the colony". The

Governor denied the statements and Chief Justice Onslow was interdicted and Mr. G.W. Leake

l. J.S. Battye op.cit. Vol. 1. 216.

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became the Acting Chief Justice. 1

The matter became one of national intercst, and public opinion, especially in Perth,

rose to a high pitch. A special meeting of severalmembcrs of the Bar was called with regard to the

interdiction and the following resolutions were unanimously carried by all present.

"I. That the Bar desire to express their deep sympathy to His Honour the ChiefJustice.

2. That the Bar further desire to express their indignation at the unwarrantableaction of His Excellency the Governor and to protest against the gross insult levelled at theSupreme Court and the administration of Justice.

3. That the foregoing resolutions be conveyed to His Honour by the Bar in aBody"?

These three resolutions were proposed by Richard Haynes, who also took an active part in the public

meeting held at the Working Men's Club in the Perth Town Hall, where because of the absence of the

Mayor, Counsellor Haynes took the chair. The meeting was very orderly and was addressed by other

prominent citizens besides Haynes, such as Hensman, A. Forrest, E.K. Courthope and Traylen. They

had met in protest of the Chief Justice's interdictment and came to the conclusion that the Governor's

action was "a gross interference with the independence of the Bench and an attack upon the liberties of

the people". Mr. Haynes was also on the platform at an Indignation meeting in Fremantle. 4 An appeal

was sent to

1. J.S. Battye op.cit. Vol. I pps.217-218.

2.

3.

4.

'The West Australian"

Kimberley

"The West Australian"

Monday Sept. 19th 1887.

op. cit. p.275.

Thursday 22nd Sept. 1887.

13

Sir H. Holland to remove the interdiction, and just in case the Governor was still unaware of the

general antagonism towards him, he was burnt in effigy. As a result of all this agitation the Chief

Justice was restored to his office. This serious disagreement between the Governor and the Chief

Justice, including also the important part played by the rest of the Perth public, showed that the Colony

was ready for self government. It showed that the Governor's powers and authority were very much

resented and that the colony wanted to be freer and more independent. It was not that Haynes and his

supporters had any personal resentment against the Governor, it was by virtue of the fact that he was

the Governor.

CHAPTER 3.

Haynes, the Politician.

In the period between Haynes' two terms of office as a Councillor, he was nominated

for and contested the West Perth seat in the Legislative Assembley. This he did twice and on both

occasions, was defeated by very narrow majorities. His policy speeches always gave his constituents

assurance that he would work to the best of his ability in advocating their desires and needs. The

promises he made were always reasonable and well thought out, showing that he did not make rash

statements, making promises which he had no intention of fulfilling. His first speech, made in 1890, to

electors assembled in the Town Hall was typical. He began with these words,

"The ensuing Assembley will be the first under Responsible Government and havingin the past done whatever I could to advocate Responsible Government, I feel a certainamount of pleasure in coming before you as a candidate and addressing you upon such topicsas will come before the Assembly". 1

He then proceeded to inform the gathering of how he would advocate a loan in England of one million

pounds, and of the various ways in which this loan could be utilized. He gave a list of some sixteen

projects, stating the amount of money each would require. Such things as a railway line to

I. "The West Australian" Saturday Nov. 8th 1890.

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Yilgarn, the improvement of the Swan River, so as to enable vessels of moderate draft to come up the

river to the capital city, an agricultural college, a school of mines, the fortification of Albany and

Fremantle, a lighthouse on Rottnest Island, a removal of the Willow Pattern Bridge at Beaufort Street,

water for the Stoek Routes, and Southern Cross, came under this list. Haynes also stated that he was in

favour of manhood suffrage and the abolition of qualification of members, and would advocate an eight

hours working day. I

This speeeh was accepted by some and rejected by others. The promises of all the large projects with

no more than one million pounds was diffieult for some to accept as is shown by a letter which

appeared in one of the daily newspapers some days later. 2 The letter which was not signed, was full of

scornful statements and began thus :

"What prosperity we shall have when Mr. Haynesis king! Passing such trines as rolling stock for the two railways if even they can beconstructed for the sums named, where are the funds coming from for the upkeep of railways,docks, schools and colleges, etc. etc."

The writer went on to ridicule others of the projects Haynes had in mind, ending in the same sarcastic

note as he had started saying that such plans "are almost unknown except in the unfructified schemes of

parliamentary aspirants".

I. ibid

2. "The West Australian" Thurs. 13th Nov. 1890.

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Mr. Haynes' prompt reply to the letter, which appcared in the newspaper two days later not only shows

that he too was capable of the biting remarks so obvious in the other correspondent, but it shows also

that he had planned his speech thoroughly and with thc utmost carc. His letter ran as follows

"Without entering upon the question whether a nameless correspondent is worthy ofnotice, I beg to state that the figures set opposite to the various works proposed by me in mylate address and the accuracy of which you seem to doubt have been carefully prepared fromthe most reliable sources in the colony ... (here he quotes one of the projects as an example)... I am also in a position when the occasion arises, to substantiate the accuracy of my otherproposals .

" It is foolish to expect that your columns are to be burdened with long anduninteresting details by me or any other candidate for the delectation of any person, imbecileor not, who is afraid to, - nay, probably unable to - sign his name to his production". I

As stated beforehand, in both contests for the West Perth seat Haynes was defeated.

In 1896, however, he contested successfully the seat for the Central Province in the Legislative

Council. Once in parliament he was able to present his opinions and plans in strong persuasive

language. At that time, one of the most important issues was the question of Federation and whether

Western Australia should join in with the other colonies. The idea of federating had originated in the

Eastern States and naturally

1. 'The West Australian" Sat. 15th Nov. 1890.

- 17 -

most ofthe plans were designed according as to the benefits they would derive. Although Western

Australia was not altogether forgotten she was regarded as a rather unimportant member. Western

Australians realized this and much thought was needed on the subject before a final decision was

reached. It was obvious that, from the point of view of defence, Federation was necessary and there

were other favourable points which had to be discussed. In 1897, parliament was opened in August

and arising from the Governor's speech was this subject of Federation. Most of the members had their

views on the subject and one by one they stood to give expression to them. The Honourable H.G.

Parsons was in favour of Federation in the long run but "the movement must not be unduly hurried". I

The Honourable J.H. Taylor believed that "for the future greatness of Australia, Federation is

absolutely necessary" but he did not feel that the time for Western Australia to federate with the other

colonies had come. 2

The Honourable E. McLarty was "not convinced of the necessity for Federation". 3 Most of the

speakers, like those mentioned above were in favour of Federation ultimately and all saw that it was

necessary for Australia to be unified, but few were in favour of Western Australia joining straightaway.

The Honourable Richard Haynes however, was "most definitely

l. West Australian Parliamentary Debates Vol X (Perth 1897) p.115.

2.

3.

ibid

ibid

p.5

p.15

18

against Federation", and said he was "going to oppose it tooth and nail because I think it would be

ruinous to us". I

Thcre was to be a general meeting of the Federation Convention in Adelaide the following month and

Haynes was even against sending delegates to participate, claiming that it would be a waste of money.

Haynes realized that Federation was inevitable but wished to delay it for as long as possible. This is

surprizing seeing as he had been brought up in Sydney where the germ of Federation had started, but

this made him realize, perhaps more than the other politicians, what dangers confronted Western

Australia in accepting the invitation, having seen both sides of the issue. Despite the general trend of

opinion in Parliament which was typical of that in Perth, Western Australia was included in the

Commonwealth of Australia when it federated in 190]. This was due, however, to the agitation and

demands of the miners on the goldfields, who formed a section of the population which could not be

ignored.

Haynes was vitally concerned in the fact that Western Australia had no university.

As early as 1897, he insisted that it was "a blot on the colony to say that we have to send our children

out of the colony to receive a finishing education". 2 At a parliamentary session in 1901 he again

broached the subject, this time moving the motion:

I. Western Australian Parliamentary Debates Vol X (Perth 1897) p. 17

2. ibid

19

"That in the opinion of this House the time has arrived when a University should beestablished in Perth". I

and followed it by a well-prepared speech, beginning with a brief, but comprehensive history of

universities. He then compared the population of New South Wales when the university was

established with the population of Western Australia, which proved to be approximately the same, and

pointed out that Western Australia's revenue was almost six times that of New South Wales when the

University was commenced. He pointed out that if young men wished to continue their education they

had to leave the State (they were "exiled") at the age of sixteen or seventeen, and live as strangers for at

least three years in another State. He ended his speech with this appeal, :

"Are we to continue to deny the young men now growing up amongst us and towhom we will hereafter have to bequeath the destinies of this country, that education which,had they been born in any of the other states, they could have acquired?" 2

The motion was especially supported by Mr. J.W. Hackett, who was later to leave a

large sum of money for the establishment of a University, but he amended the motion so that it made a

more urgent appeal, and the Honourable Haynes accepted the amendment. However, the discussion

which followed showed that although most of the

II. Western Australian Parliamentary Debates Vol XIX (Perth 1901)

Western Australian Parliamentary Debates Vol XIX (Perth 190 1)

p.783

p.786

20

members were in favour of establishing a University in the future, some thought that the need for more

primary schools was more pressing. The Honourable Maley moved a further amendment to this effect

but it was withdrawn after the ensuing discussion and the Honourable Hackett's amendment was

passed to the effeet that

"This House is of the opinion that the advisability of at once establishing a Universityor a University Institute, demands in the best interests of the State, the immediateconsideration of the Government". I

Nothing more was done regarding the establishment of the University until 1904

when the University Endowment Trust was set up. 2 However this appeal set up by Haynes was the

start of something which was a necessity to the State. Not only was there the fear, as Haynes stated, of

the students being "exposed to the dangers to which young men are subject" but often this state was

deprived the benefit of the advanced studies and trained abilities of these young men, for once they had

obtained their degrees they saw opportunities of a better nature than those available in Western

Australia and so they remained in the state to which they had gone originally merely to finish their

education.

At this time in the history of the State,

l. ibid p.I047

2. 1.S. Battye op.cit. Vol II p.72

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one of the main grievances of the public was the fact that the electoral representation was very unequal.

Every aspiring politician, during his policy speech, expressed himself as being in favour of a

redistribution of seats but up until 1902 little had been done in this regard. It was Richard Haynes who,

in 1902 brought the subject directly to the minds of thc Lcgislative Council. Firstly he moved the

motion :

"That in the opinion of this House, it is desirable that a Bill providing for moreequitable representation in Parliament than at present exists should be introduced during thepresent session of Parliament". I

Haynes was not suggesting that the seats be redistributed purely on a population basis but it was

unanimously agreed that the seats must be redistributed to a certain extent on this basis but with due

regard to the claims of agricultural and manufacturing districts. 2 He said that there was no doubt that

the public demanded a redistribution of seats. A.G. Jenkins moved an amendment to the effect that the

matter be left until the next session but there was a majority against this amendment. When the

original motion was put before the House there was a majority in favour of the move. The question

was then sent to the Legislative Assembley who refused to discuss the question because of the time

factor - the present session of parliament had almost concluded but they wished

I. West Australian Parliamentary Debates VOL XX (Perth 1902) p.2423

2. ibid p.2424.

- 22-

it to be known that it was "always the professed intention of the Government to consider a

Redistribution of Seats Bill" and the question was discussed at the next session. The redistribution of

seats was not brought into effect until 1904 when Haynes was no longer in parliament. He had been

succeeded by Joseph Thompson in 1902.

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CHAPTER 4

Haynes, the Lawyer.

Whatever work Richard Haynes did in these preceding capacities they were

secondary matters as far as he was concerned, Haynes was primarily a lawyer, and in this profession

his interests lay. He came to Western Australia in the first place because he was a lawyer, although he

came engaged in work which did not include his main interest - criminal practice, Haynes had the

power to speak persuasively and convincingly, and he used this power to advantage - both his

advantage and that of his clients. His powers of pleading persuaded many a jury. He was a great

fighter and never left a stone unturned in the interests of its client, his strongest point being that he

- 24-

never knew when he was beaten. I Before coming to Western Australia Haynes had defended many

criminals for their lives and his reputation came from the Eastern States with him and his first few

cases when in Perth were so successful and he showed himself to be such an able advocate that he

became without doubt the most notable member of the profession in Perth at that time.

It is interesting to note that Richard Haynes was in favour of the abolition of Capital

Punishment. It was a view not very common at that time for it was only some fifty or sixty years

before that the Penal Code had been reformed in England. Prior to that time, the most trivial offences

were punishable by death, but then, after the long overdue Bills were passed, the only crime for which

capital punishment was the judgment was murder. However, transportation was still resorted to, and

was not until the 1870' s that this severe type of punishment, too, was abolished. So it was that Haynes'

views on the subject were rather radical as compared to those of most persons of the day. Seven

offences sixty years ago were punishable by death according to the Laws of Western Australia. They

were treason, murder, certain kinds of attempted murder, rape, burglary, wounding and arson where the

premises are occupied. It was in 190 I

l. "The West Australian" Tuesday 21st Feb. 1922.

25 -

that Haynes broached the subject in a Session of Parliament. He followed the motion "That in the

opinion of this House the punishment of death for any offence should be abolished", with a speech

which he began in this way:

"I am speaking on a subject of which I know something, and that is about CapitalPunishment. I may say that I have defended several hundred people for their lives andthroughout the whole of my career only one of them has been executed".

In giving his reasons for arguing in favour of the abolition of this form of punishment Haynes said:

"Execution is an abominable, it is a detestable action. It is repulsive in the lastdegree, and brands the man who supports it as being unworthy of the first principle ofmanhood ... '

It is the only relic of barbarism at present in existence, the only link which binds the civilizedera with the old barbarians in the dark ages".2

After much discussion, during which several amendments were made, the Parliament

finally decided upon the motion 'That in the opinion of this House the punishment of death for any

offence except treason and murder, should be abolished." The motion as amended was put, but was

negatived on the voices. According to the present statutes of Western Australia, treason and murder

are still to be punished by execution, but the other five offences do not receive as severe a penalty as

they did when Haynes was speaking.

1. Parliamentary Debates V01. XIX (Perth 190 I) p.789

2. ibid p.790.

- 26-

The statement that the lawyer made in his speeeh on Capital Punishment revealing

that only one out of hundreds of accused, who he himself had defended, had been executed, has

profound meaning. At the time when the speech was made, Haynes was only forty four years of age

and this is, without doubt, a record of which to be proud, for one so comparatively young. To have

defended so many people for their lives indicates that Haynes' reputation as an advocate must have

spread far and wide throughout the country, so that people from all over the states of both New South

Wales, while he resided there, and of Western Australia, who were accused of one of the seven

offences listed above, and therefore if found guilty would surely lose their lives, would approach

Haynes and ask him to defend them at the occasion of their trial. Haynes being a lawyer, naturally did

his utmost to clear his client from guilt and his ardent disapproval of Capital Punishment was an added

incentive to him to prove his client innocent. However, this statement made by Haynes during his

parliamentary speech excludes, but implies, all the other people whom he had to defend for offences

not punishable by death. If the number of cases he defended for life numbered up to hundreds, we can

be sure that the number of less serious offences would be even greater, and we can be just as sure, too,

that Haynes would have had almost as high a degree of success in such cases as he had with the more

important ones.

- 27 -

One of the world's most famous criminal cases, that of Frederick Bailey Deeming -

so famous in fact that it is recorded in 'The Annual Register" of 1892, I illustrates how well known

Haynes was as an advocate. It is the story of one of the most horrifying murder cases on record and

began in Melbourne, Victoria. The first murder was discovered on 3rd March 1892 and was said to

have been committed on the 24th December 1891.2 The newspapers were full of the gruesome details

of what was to prove a case of world wide interest. The man suspected of the murder, Albert Williams

was traced to Western Australia where he had after residing in Perth for a short time, obtained

employment as an engineer on a goldmine in Southern Cross, under the name of Baron Swanston. A

newspaper of the time, in recording some of the facts referred to him thus:

"Ever since the murder, on the boat, and in Western Australia his (the accused)movements were characterized by the same openness. In fact nothing could have been morecalculated to avert suspicion that his apparently excellent disposition and friendly goodnature.'"

On March 19th of the same year, more murders, those of a woman and four chi Idren, were discovered

at Rainhill in England, believed to have been committed on the 10th August 1891. The circumstances

in this case were very similar to

I. "The Annual Register" 1892 p.19

2. "The West Australian" Friday March 11th 1892.

3. ibid Monday 14th March, 1892.

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those of the murder discovered in Melbourne, in rcgard to thc methods employed in the disposal of the

bodies. After further investigations it was found that Deeming - which was the man's true name was

also suspected ofjewellery robberies in England. When the accused was brought to Perth on March

18th he chose for his counsel Richard S. Haynes who spent much time with his client, until the inquest

began. I On March 2 Ist Swanston was formally identified as Williams and subsequently as Frederick

Bailey Deeming. 2 However, before Haynes could develop the case further, it was decided that the

inquest he held in Melbourne, so the accused still appearing to take "the whole affair very coolly",

travelled by boat to Melbourne where the inquest resulted in "a verdict of wilful murder against F.B.

Deeming".

Another of Haynes' early trials was that of the Reverend J.B. Gribble. Gribble had

travelled throughout the Gascoyne district for a period of some months and was appalled at the

treatment given to the natives of that district by the white settlers, and the dreadful conditions under

which they existed. He had travelled as a missionary, and was naturally incensed at the ill treatment he

saw. On his return to Perth he began to preach boldly against the evils he had seen. His enthusiasm

coupled with his indignation

I. 'The West Australian" Saturday 19th March, 1892.

2. ibid Tuesday 22nd March, 1892.

29

led him to make serious accusations against the squatters in the area, without due consideration of all

the circumstances. He wrote an article which was published in "The Inquirer" and delivered a lecture

in Perth in which he made the accusations openly. They were strongly resented and the Legislative

Council were so concerned that they made resolutions condemning the statements Gribble had made.

Despite this opposition, the missionary continued to preach his views on the subject, when the "West

Australian", always a rival paper to "The Inquirer" published an editorial reflecting upon Gribble's

character, calling him a "liar and a canting humbug". As a result the missionary instituted proceedings

for libel. The trial was unusual in that instead of ajury, there were two judges, Chief Justice Onslow

and Mr. Justice Stone. "The West Australian" chose Richard Haynes to defend them, and after a trial

lasting for one month, the verdict was not given for several weeks. The deeision declared that the

defendants had proved their plea of justification and were entitled to a verdict. I

On these two occasions Haynes displayed outstanding ability as a talented advocate

as he did in other cases. Many of these will be well remembered as some of the most famous trials in

Western Australia's history. Some of the better known ones were The Afghan Well Murder, the

I. 1.5. Battye op. Cit. Vol. I Pps. 218-219

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murderer being acquitted, in this case, but was later shot dead, the Broome Pearl Murder, the Baby

farming murders of Martha Reynolds, the Fox Murder at Dalkeith, the Smith Murder on the goldfields

and the O'Brien Murder of H. Moore. This last trial is of special significance for it is the only case in

which Haynes was sorry the accused was acquitted for manslaughter, for he lived to commit another

murder.

Riehard Haynes wrote two legal textbooks, "The Cattle Trespassing Fencing and

Impounding Act, and 'The Licensing Acts". The latter book was dedicated to Sir Alexander Campbell

Onslow, Chief Justice of Western Australia and in the Preface Haynes stated his reasons for writing

such a book:

"In consequence of the large number of Acts which have been passed amending theWines, Beer and Spirits Sale Act, 1880 in important particulars, and of the troubleexperienced in finding the sections relating to any particular subject, I have prepared forpublication this work on the various Licensing Acts of the Colony which I trust will be foundto be of use ..."

This book gives all the Acts passed in Great Britain and Western Australia, relating to the subject, as

well as naming the cases relevant to the subject, which had taken place, and giving the references

where an account of each case could be found. Such schedules as The Form of a Publican's General

License, The Form of a Gallon License, The Form of a Spirit Merchant's license, etc, can be found in

the book as well as Forms of Certificate of the result of analysis of liquor. Then there are forms for

Selling

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Liquor without a License (Information and Conviction), Sunday Trading, etc, showing to every detail

and with explicit instruction how these forms are to be compiled and filled in. The book was first

published in 1894 and was revised in 1900. The former book was of a similar type, and both have

proved invaluable to lawyers and magistrates since they were first published and are still used as

references in the Law Courts today.

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CHAPTERS

Haynes, his Later Life.

It can be expected that a man of such energies as Mr Haynes, would remain active

throughout his whole life. He was knows as "Dicky" Haynes and there were few people living in the

City who did not know him, He was well known for his kindly and helpful disposition, always ready to

be of use to anyone needing his assistance. He was especially eager to help those who appeared to be

struggling in the legal profession. Not only those young men who were juniors in the profession were

grateful to receive his helpful opinion and experienced advice, but often law students would approach

him with their problems and he was never known to turn a deaf ear to those asking for advice. Lectures

also were delivered by him to the law students and they always proved to be of great value and

assistance to them. As always, Haynes' preparation of these lectures was thorough and they were

useful material. He always had sympathetic treatment and consideration for friends and although he

had a very caustic tongue, he was held in very high esteem by all members of the Bench and the BaLl

This esteem was not only evoked by his pleasant personality but also by the respect duly given to him

by those who recognized in him an extraordinarily able

I. "The West Australian" Tuesday 21 st February, 1922.

Kimberley W.B. History ofW.A.

Battye 1.S. The Cyclopedia of Western Australia, Volumes I & 2.

Haynes R.S.

BIBLIOGRAPHY.

The Licensing Acts

"The Morning Herald"

"The West Australian"

Western Australian Parliamentary Debates.

Adelaide

Perth

Melbourne

1912

1900

1907