Arthur Hardy, South Australia's first crown prosecutor, remains 'grand old man' of law profession into his 90s
Arthur Hardy (left) was appointed crown prosecutor by South Australia's second governor George Gawler in 1839.
Image courtesy State Library of South Australia
Arthur Hardy, South Australia’s first crown prosecutor in 1839, later became the grand old man of the colony’s legal profession, still practising up to near the end of his life, aged 94, in 1909.
A Yorkshire doctor’s son, Hardy and brother Alfred came to South Australia’s warmer climate to overcome his tuberculosis. Already a qualified lawyer, Hardy started in the colony as a grazier. He was persuaded to return to the profession by second governor George Gawler, who was concerned that South Australia’s criminal courts were so inefficient that defendants were escaping conviction because of poorly prepared indictments.
Gawler was worried by the escaped convicts from eastern colonies reaching South Australia, particularly the Adelaide Hills around Piccadilly. He’d ordered two escapees, George Hughes and Henry Curran (also involved in holding up Crafers Inn), to be hanged outside the horse police barracks in North Terrace, Adelaide, in 1840, for theft and “firing with murderous intent” at Para River.
As crown prosecutor, Hardy was part of an unofficial deal with escaped convicts, many working as tiersman (foresters) and shepherds (including for Hardy), that they wouldn’t be returned to their home colonies if they avoided crime
Arthur Hardy had entered South Australian law, appearing before the supreme court, in partnership with Charles Cooper, later judge Cooper. Remaining a solicitor, Hardy gave up crown prosecuting work when demands of his wide business (farming, property, quarrying) and community (freemasonry, parliament) activities took over. When his fortune collapsed in the 1870s, Hardy relied on his legal income.
His nephew Charles Burton Hardy belonged to his firm briefly before joining Charles Fenn in 1873 as Fenn and Hardy. His son, Alfred Burton Hardy, joined the firm but left to start a practice at Port Pirie. After his father retired, he rejoined the firm as Grundy, Pelly and Hardy, and later Hardy, Scammell and Skipper. When Hardy retired, the firm became Skipper, Thomas, Bonnin and Linn. Arthur Hardy’s son Arthur Marmaduke joined his father in A. Hardy & Son but, with little legal work during a depression, he moved to Orroroo. When the drought broke, he started a legal business in Port Augusta.
Arthur Hardy continued going to his Adelaide legal office, riding his tricycle from his Glenelg house to the train (not tram), where a porter took it and put it in the station until he came back.
