open or active part against the bushrangers or their associates, to preserve himself and his property from outrage and depredation. He has throughout evaded his duty as a Magistrate, by systematically abstaining from adjudicating, or in any way taking part in cases against such offenders or their connections". The Clarke brothers were arrested in April 1867 and one of Leary's first cases was instructing Dalley in their defence. Both were convicted and sentenced to death. An appeal to the full court of the Supreme Court on a point of law was unsuccessful, and the brothers were executed on 25 June 1867. Leary became a member of the Society for Abolition of Capital Punishment, subsequently serving on its executive. Rowland Hassall subsequently sued James Rodd for slander in relation to his evidence before the royal commission. The case was prosecuted by the current and 2 former Attorneys General, Sir William Manning , John Darvall and Sir James Martin . Leary instructed Henry Stephen and Edward Butler to successfully defend Rodd in a trial lasting 15 days. Death He died in after suffering from Bright's disease. References 1831 births 1881 deaths Members of the New South Wales Legislative Assembly 19th-century Australian politicians Australian royal commissioners