John Henry Want
Encyclopedia
John Henry Want was an Australia
n barrister and politician, as well as the 19th Attorney-General of New South Wales.
, Sydney
, the fourth son of nine children of Randolph John Want, a solicitor
, and his wife, Hariette, née Lister. Want was educated at Rev. W. H. Savigny's Collegiate School, Cooks River
, and reportedly in Caen
, Normandy
, France
, where he learned to speak fluent French. Want worked in his father's office but soon became bored with the legal practice, went on the land in Queensland
, and afterward worked in a mine at Lithgow
. Want then returned to Sydney and read in the chambers of Sir Frederick Darley
. Want was called to the bar on 13 November 1869 and established a large practice as a barrister. He also engaged in many profitable commercial
ventures, some of a "suspicious character".
sman, his father had been a founding member of the Royal Sydney Yacht Squadron
in 1862, and in 1883 Want travelled to England
to look for a new vessel. He purchased the Mignonette at Cowes
, a 19.43 net tonnage
, 52 foot cruiser
built in 1867. The yacht could only reasonably be transported to Australia by sailing her there but she was a small vessel and the prospect of a 15,000 mile voyage hampered Want's initial attempts to find a suitable crew. However, she finally set sail for Sydney from Southampton
on 19 May 1884 with a crew of four: Tom Dudley, the captain; Edwin Stephens; Edmund Brooks; and Richard Parker, the cabin boy. Parker was aged 17 and an inexperienced seaman.
On 5 July, the yacht was running before a gale
at 27°10' south, 9°50' west, around 1,600 miles northwest of the Cape of Good Hope
. Though the weather was by no means extreme and the vessel was not in any difficulties, a wave
struck the yacht and washed away the lee bulwarks
. Dudley instantly realised that the yacht was doomed and ordered the single 13-foot lifeboat
to be lowered. The Mignonette sank within five minutes of being struck and the crew abandoned ship for the lifeboat, only managing to salvage vital navigational instruments along with two tins of turnip
s and no fresh water. There have been various theories about the structural
inadequacies of the yacht that led to such a catastrophic failure in routine weather.
The crew were adrift for 24 days and were compelled to resort to survival cannibalism by killing the cabin boy Parker. After their rescue, they were tried for murder in the important case of R v. Dudley and Stephens. They were convicted, necessity
being held to be no defence to a charge of murder.
as member for Gundagai
in 1885 and afterwards represented Paddington. His parliamentary skills were recognised and he became attorney-general in the George Dibbs ministry (October to December 1885) and in the Patrick Jennings ministry (February 1886 to January 1887). But he was not anxious for office and temporarily retired from politics in 1891. On one occasion he moved a motion for adjournment which the then premier, Henry Parkes
, treated as a vote of no confidence and was defeated. Want was sent for by the governor but declined the task of forming a ministry. He was a staunch free-trader
and could not continue to work with Dibbs and Jennings who were protectionists, but neither could he work under Parkes. For a while he formed a small corner party which he facetiously referred to as "the home for lost dogs". Want became a Queen's Counsel
in 1887 and now had an immense practice particularly in nisi prius
and criminal law cases. No other barrister of his period in Australia earned more in fees or had a greater reputation.
in 1894 and from 18 December 1894 until April 1889 (apart from 10 weeks in 1898) was attorney-general in the George Reid
ministry. Want returned to politics partly because he wanted to keep the freetrade party together and partly because he had always been opposed to Federation
, and could carry on the fight better in parliament. He believed in the pre-eminence of his own colony, New South Wales, and he feared that under any kind of union it would lose its position. How strongly he felt can be seen by a quotation from one of his speeches:—"I would rather see almost anything than see this hydra-headed monster called federation basking in its constitutional beastliness--for that is what it is--in this bright and sunny land. . . . I was the first public man to assert my intention of opposing to the bitter end any system of federation, because there can be none which would not involve the surrender of our independence and liberty." Want was still a member of Reid's ministry when Reid made his famous Yes-No speech on 28 March 1898, and could not understand how his leader could conclude without asking his hearers to vote against a measure which this very speech had shown to be "rotten, weak, and unfair". He resigned from the ministry a few days later, but joined it again in June after the defeat of the first referendum. Want left Australia on a visit to England in December 1898 and resigned from the ministry in the following April.
on 22 November 1905.
to the jury
, taking it into his confidence with an appealing frankness, emphasizing the strong points of his case, and gently sliding over its weaknesses. He used his wide knowledge of human nature
with great effectiveness both in his addresses to the jury and in cross-examination
, in which he was a master. In arguing before the full court he could adapt his methods to his audience, and though like so many great advocates not really a great lawyer his knowledge was sufficient for his purposes. He was married twice and left a widow, there were no children.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n barrister and politician, as well as the 19th Attorney-General of New South Wales.
Early life
Want was born at GlebeGlebe, New South Wales
Glebe is an inner-city suburb of Sydney. Glebe is located 3 km south-west of the Sydney central business district and is part of the local government area of the City of Sydney, in the Inner West region....
, Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, the fourth son of nine children of Randolph John Want, a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, and his wife, Hariette, née Lister. Want was educated at Rev. W. H. Savigny's Collegiate School, Cooks River
Cooks River
The Cooks River is a 23 kilometre long urban waterway of south-western Sydney, New South Wales, Australia emptying into Botany Bay. The course of the river has been altered to accommodate various developments along its shore...
, and reportedly in Caen
Caen
Caen is a commune in northwestern France. It is the prefecture of the Calvados department and the capital of the Basse-Normandie region. It is located inland from the English Channel....
, Normandy
Normandy
Normandy is a geographical region corresponding to the former Duchy of Normandy. It is in France.The continental territory covers 30,627 km² and forms the preponderant part of Normandy and roughly 5% of the territory of France. It is divided for administrative purposes into two régions:...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, where he learned to speak fluent French. Want worked in his father's office but soon became bored with the legal practice, went on the land in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, and afterward worked in a mine at Lithgow
Lithgow, New South Wales
Lithgow is a city in the Central Tablelands of New South Wales, Australia and is the centre of the local political division City of Lithgow. It is located in a mountain valley named Lithgow's Valley by John Oxley in honour of William Lithgow, the first Auditor-General of New South Wales.Lithgow is...
. Want then returned to Sydney and read in the chambers of Sir Frederick Darley
Frederick Matthew Darley
Sir Frederick Matthew Darley GCMG PC was the sixth Chief Justice of New South Wales, an eminent barrister, a member of the New South Wales Parliament, a Lieutenant Governor of New South Wales, and a member of the British Privy Council.-Early years:Darley was born in Ireland, the first child of...
. Want was called to the bar on 13 November 1869 and established a large practice as a barrister. He also engaged in many profitable commercial
Commerce
While business refers to the value-creating activities of an organization for profit, commerce means the whole system of an economy that constitutes an environment for business. The system includes legal, economic, political, social, cultural, and technological systems that are in operation in any...
ventures, some of a "suspicious character".
The Mignonette
Want was a keen yachtYacht
A yacht is a recreational boat or ship. The term originated from the Dutch Jacht meaning "hunt". It was originally defined as a light fast sailing vessel used by the Dutch navy to pursue pirates and other transgressors around and into the shallow waters of the Low Countries...
sman, his father had been a founding member of the Royal Sydney Yacht Squadron
Royal Sydney Yacht Squadron
The Royal Sydney Yacht Squadron is a yacht club located in North Sydney, Australia in the suburb of Kirribilli.The squadron was originally founded in 1862...
in 1862, and in 1883 Want travelled to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
to look for a new vessel. He purchased the Mignonette at Cowes
Cowes
Cowes is an English seaport town and civil parish on the Isle of Wight. Cowes is located on the west bank of the estuary of the River Medina facing the smaller town of East Cowes on the east Bank...
, a 19.43 net tonnage
Tonnage
Tonnage is a measure of the size or cargo carrying capacity of a ship. The term derives from the taxation paid on tuns or casks of wine, and was later used in reference to the weight of a ship's cargo; however, in modern maritime usage, "tonnage" specifically refers to a calculation of the volume...
, 52 foot cruiser
Cruiser Yacht
The term cruiser yacht refers to sailing or motor yachts that were built for long distance sailing and offer enough comfort and space to live on the boat permanently. This would not allow to carry cargo and, by definition, exclude racer yachts. Another feature that is often used to define the term...
built in 1867. The yacht could only reasonably be transported to Australia by sailing her there but she was a small vessel and the prospect of a 15,000 mile voyage hampered Want's initial attempts to find a suitable crew. However, she finally set sail for Sydney from Southampton
Southampton
Southampton is the largest city in the county of Hampshire on the south coast of England, and is situated south-west of London and north-west of Portsmouth. Southampton is a major port and the closest city to the New Forest...
on 19 May 1884 with a crew of four: Tom Dudley, the captain; Edwin Stephens; Edmund Brooks; and Richard Parker, the cabin boy. Parker was aged 17 and an inexperienced seaman.
On 5 July, the yacht was running before a gale
Gale
A gale is a very strong wind. There are conflicting definitions of how strong a wind must be to be considered a gale. The U.S. government's National Weather Service defines a gale as 34–47 knots of sustained surface winds. Forecasters typically issue gale warnings when winds of this strength are...
at 27°10' south, 9°50' west, around 1,600 miles northwest of the Cape of Good Hope
Cape of Good Hope
The Cape of Good Hope is a rocky headland on the Atlantic coast of the Cape Peninsula, South Africa.There is a misconception that the Cape of Good Hope is the southern tip of Africa, because it was once believed to be the dividing point between the Atlantic and Indian Oceans. In fact, the...
. Though the weather was by no means extreme and the vessel was not in any difficulties, a wave
Wave
In physics, a wave is a disturbance that travels through space and time, accompanied by the transfer of energy.Waves travel and the wave motion transfers energy from one point to another, often with no permanent displacement of the particles of the medium—that is, with little or no associated mass...
struck the yacht and washed away the lee bulwarks
Windward and leeward
Windward is the direction upwind from the point of reference. Leeward is the direction downwind from the point of reference. The side of a ship that is towards the leeward is its lee side. If the vessel is heeling under the pressure of the wind, this will be the "lower side"...
. Dudley instantly realised that the yacht was doomed and ordered the single 13-foot lifeboat
Lifeboat (shipboard)
A lifeboat is a small, rigid or inflatable watercraft carried for emergency evacuation in the event of a disaster aboard ship. In the military, a lifeboat may be referred to as a whaleboat, dinghy, or gig. The ship's tenders of cruise ships often double as lifeboats. Recreational sailors sometimes...
to be lowered. The Mignonette sank within five minutes of being struck and the crew abandoned ship for the lifeboat, only managing to salvage vital navigational instruments along with two tins of turnip
Turnip
The turnip or white turnip is a root vegetable commonly grown in temperate climates worldwide for its white, bulbous taproot. Small, tender varieties are grown for human consumption, while larger varieties are grown as feed for livestock...
s and no fresh water. There have been various theories about the structural
Naval architecture
Naval architecture is an engineering discipline dealing with the design, construction, maintenance and operation of marine vessels and structures. Naval architecture involves basic and applied research, design, development, design evaluation and calculations during all stages of the life of a...
inadequacies of the yacht that led to such a catastrophic failure in routine weather.
The crew were adrift for 24 days and were compelled to resort to survival cannibalism by killing the cabin boy Parker. After their rescue, they were tried for murder in the important case of R v. Dudley and Stephens. They were convicted, necessity
Necessity
In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when...
being held to be no defence to a charge of murder.
Lower house
Want entered the New South Wales Legislative AssemblyNew South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
as member for Gundagai
Electoral district of Gundagai
Gundagai was an electoral district of the Legislative Assembly in the Australian state of New South Wales from 1880 to 1904 in the Gundagai area. It was replaced by Wynyard.-Members for Gundagai:...
in 1885 and afterwards represented Paddington. His parliamentary skills were recognised and he became attorney-general in the George Dibbs ministry (October to December 1885) and in the Patrick Jennings ministry (February 1886 to January 1887). But he was not anxious for office and temporarily retired from politics in 1891. On one occasion he moved a motion for adjournment which the then premier, Henry Parkes
Henry Parkes
Sir Henry Parkes, GCMG was an Australian statesman, the "Father of Federation." As the earliest advocate of a Federal Council of the colonies of Australia, a precursor to the Federation of Australia, he was the most prominent of the Australian Founding Fathers.Parkes was described during his...
, treated as a vote of no confidence and was defeated. Want was sent for by the governor but declined the task of forming a ministry. He was a staunch free-trader
Free trade
Under a free trade policy, prices emerge from supply and demand, and are the sole determinant of resource allocation. 'Free' trade differs from other forms of trade policy where the allocation of goods and services among trading countries are determined by price strategies that may differ from...
and could not continue to work with Dibbs and Jennings who were protectionists, but neither could he work under Parkes. For a while he formed a small corner party which he facetiously referred to as "the home for lost dogs". Want became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1887 and now had an immense practice particularly in nisi prius
Nisi prius
Nisi prius is a historical term in English law. In the nineteenth century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission. Used in that way, the...
and criminal law cases. No other barrister of his period in Australia earned more in fees or had a greater reputation.
Upper house
Want was nominated to the New South Wales Legislative CouncilNew South Wales Legislative Council
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as...
in 1894 and from 18 December 1894 until April 1889 (apart from 10 weeks in 1898) was attorney-general in the George Reid
George Reid (Australian politician)
Sir George Houstoun Reid, GCB, GCMG, KC was an Australian politician, Premier of New South Wales and the fourth Prime Minister of Australia....
ministry. Want returned to politics partly because he wanted to keep the freetrade party together and partly because he had always been opposed to Federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
, and could carry on the fight better in parliament. He believed in the pre-eminence of his own colony, New South Wales, and he feared that under any kind of union it would lose its position. How strongly he felt can be seen by a quotation from one of his speeches:—"I would rather see almost anything than see this hydra-headed monster called federation basking in its constitutional beastliness--for that is what it is--in this bright and sunny land. . . . I was the first public man to assert my intention of opposing to the bitter end any system of federation, because there can be none which would not involve the surrender of our independence and liberty." Want was still a member of Reid's ministry when Reid made his famous Yes-No speech on 28 March 1898, and could not understand how his leader could conclude without asking his hearers to vote against a measure which this very speech had shown to be "rotten, weak, and unfair". He resigned from the ministry a few days later, but joined it again in June after the defeat of the first referendum. Want left Australia on a visit to England in December 1898 and resigned from the ministry in the following April.
Later life
At the second referendum held in June 1899, New South Wales voted in favour of federation. After its achievement Want continued to fight for the rights of his state, but was never in office again. He died of appendicitisAppendicitis
Appendicitis is a condition characterized by inflammation of the appendix. It is classified as a medical emergency and many cases require removal of the inflamed appendix, either by laparotomy or laparoscopy. Untreated, mortality is high, mainly because of the risk of rupture leading to...
on 22 November 1905.
Personality and assessment
Want was over six feet (180 cm) in height, had a rugged jaw and flashing eyes. He was "flamboyant and ostentatious, usually going by the name of "Jack" or "Jimmy". It was said of him that he was "as honest and honourable as he was bluff and unconventional, a generous foeman and a true friend". In politics he found it impossible to be a party man, and though he was capable as an administrator he had little ambition. Want could have been premier on one occasion and chief justice on another, but desired neither position. He felt strongly only on the question of federation. He was, however, a great advocate unequalled in his presentation of his evidenceEvidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
to the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, taking it into his confidence with an appealing frankness, emphasizing the strong points of his case, and gently sliding over its weaknesses. He used his wide knowledge of human nature
Human nature
Human nature refers to the distinguishing characteristics, including ways of thinking, feeling and acting, that humans tend to have naturally....
with great effectiveness both in his addresses to the jury and in cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
, in which he was a master. In arguing before the full court he could adapt his methods to his audience, and though like so many great advocates not really a great lawyer his knowledge was sufficient for his purposes. He was married twice and left a widow, there were no children.