David Gaunson
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David Gaunson (19 January 1846 – 2 January 1909) was an Australian politician and criminal
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
who conducted the defence of the infamous
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n
bushranger Bushrangers were originally escaped convicts in the early years of the British settlement of Australia who used the bush as a refuge to hide from the authorities. By the 1820s, the term had evolved to refer to those who took up "robbery under ...
,
Ned Kelly Edward Kelly (December 1854 – 11 November 1880) was an Australian bushranger, outlaw, gang leader and convicted police-murderer. One of the last bushrangers, he is known for wearing a suit of bulletproof armour during his final shootout wi ...
in the pre-trial stages.


Early life

Gaunson was born in
Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
,
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, the fourth son of Francis Gaunson and his wife Elizabeth. David Gaunson was educated in Sydney, and at
Brighton, Victoria Brighton is a suburb in Melbourne, Victoria, Australia, 11 km south-east of Melbourne's Central Business District, located within the City of Bayside local government area. Brighton recorded a population of 23,252 at the 2021 census. ...
. Having served his articles to his brother-in-law, Hon. J. M. Grant, he was admitted an attorney of Victoria in 1869 and practised in
Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
.


Political career

After fighting two unsuccessful contests in 1871, and in 1872 unsuccessfully opposing the Hon
James Francis James Goodall Francis (9 January 1819 – 25 January 1884), Australian colonial politician, was the 9th Premier of Victoria. Francis was born in London, and emigrated to Van Diemen's Land (later Tasmania) in 1847, where he became a busin ...
, the then premier, at
Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, California, ...
, Gaunson was returned to the
Victorian Legislative Assembly The Victorian Legislative Assembly is the lower house of the bicameral Parliament of Victoria in Australia; the upper house being the Victorian Legislative Council. Both houses sit at Parliament House in Spring Street, Melbourne. The presiding ...
in 1875 for Ararat, which constituency he continued to represent until July 1881. Gaunson was a prominent member of the "Stonewall" party led by
Graham Berry Sir Graham Berry, (28 August 1822 – 25 January 1904), Australian colonial politician, was the 11th Premier of Victoria. He was one of the most radical and colourful figures in the politics of colonial Victoria, and made the most determined e ...
, which, after unparalleled agitation in Parliament and in the country, ultimately annihilated the followers of Sir James McCulloch at the general election in 1877. Subsequently, however, Gaunson acted in opposition to Berry, and also opposed the Service Government formed in 1880. In the following year, on the formation of the O'Loghlen Ministry, Gaunson accepted a portfolio as President of the Board of Lands and Works and Commissioner of Crown Lands and Survey. However, on presenting himself for re-election after his acceptance of office, he was defeated in Ararat by the Hon William Wilson, and had to resign his position in the Ministry, which he had only held from 9 July to 2 August. He was elected to the seat of Emerald Hill in October 1883. He was returned to the Assembly at the general election in March 1886, but on his contesting Melbourne South at the next general election in March 1889, he was defeated by
William Mountain William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of Engl ...
. In June 1904, Gaunson was elected to represent Public Officers in the Assembly, serving until December 1906. He also unsuccessfully contested Assembly elections for Emerald Hill in 1892,
Carlton Carlton may refer to: People * Carlton (name), a list of those with the given name or surname * Carlton (singer), English soul singer Carlton McCarthy * Carlton, a pen name used by Joseph Caldwell (1773–1835), American educator, Presbyterian ...
in 1900 and
East Melbourne East Melbourne is an inner-city suburb in Melbourne, Victoria, Australia, east of Melbourne's Central Business District, located within the City of Melbourne local government area. East Melbourne recorded a population of 4,896 at the 2021 ...
in 1907.


Ned Kelly case

Gaunson claimed to have found a loophole in the prosecution case whereby Kelly was not guilty of murder as the
police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
unit attacking him was out to kill him and thus Kelly fired in self-defence. This argument was not carried by the defence lawyer in the actual trial and Kelly went to hang.


Involvement with John Wren

At the dawn of the 20th century, Gaunson became involved with
John Wren John Wren (3 April 1871 – 26 October 1953) was an Australian bookmaker, boxing and wrestling promoter, Irish nationalist, land speculator, newspaper owner, racecourse and racehorse owner, soldier, pro-conscriptionist and theatre owner. He b ...
, a businessman who ran an illegal tote in the working class suburb of Collingwood,
Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
. The police eventually caught up with Wren who went to Gaunson for help. What happened is not clear, but Gaunson managed to get the police off Wren's back. Gaunson advised Wren on the best ways to cover-up his illegal betting activities. His alleged role in the Wren machine is referred to in the
Frank Hardy Francis Joseph Hardy (21 March 1917 – 28 January 1994), published as Frank J. Hardy and also under the pseudonym Ross Franklyn, was an Australian novelist and writer. He is best known for his 1950 novel '' Power Without Glory'', and for his ...
novel, ''
Power Without Glory ''Power Without Glory'' is a 1950 historical novel written by Australian author Frank Hardy, following the life and ambitions of John West, a politician born into a working-class family who rises to prominence in Australian federal politics. ...
'', in which the character "Garside" is clearly based on Gaunson. Gaunson remained a controversial political and legal figure throughout his life. His contemporary,
Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia. He was a leader of the movement for Federation, which occurred in 1901. During his three terms as prime ministe ...
, described him as "endowed with a musical voice, good presence, fine flow of language, great quickness of mind, readiness of retort and a good deal of industry, ability and humour, ... only disqualified from marked successes by his utter instability, egregious egotism, want of consistency and violence of temper".


References

{{DEFAULTSORT:Gaunson, David 1846 births 1909 deaths 19th-century Australian lawyers Members of the Victorian Legislative Assembly Presidents of the Board of Land and Works 19th-century Australian politicians 20th-century Australian lawyers Lawyers from Melbourne Lawyers from Sydney