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Sir John Madden GCMG was an Australian judge and politician who was the fourth and longest-serving Chief Justice of Victoria, in office from 1893 until his death. He was acting governor of Victoria on a number of occasions.
John Madden was born on 16th May 1844 at Cloyne, County Cork, Ireland, the son of Irish emigrants, John Madden and Margaret Eloise Madden.[1][2]
His father established a legal practice in London, England in 1850, necessitating a family move. There, John attended preparatory school in London and the Marist College at Beauchamps, Normandy, France; where he mastered the French language and learned some Italian and German.
The family moved once more at the end of 1856, migrating to Victoria, Australia on the ship "Tiptree"; arriving in the twenty year-old settlement of Melbourne on 9 January 1857.[3][4] The newly-independent British Colony of Victoria was in a 'boom' period due to the extensive gold discoveries and subsequent 'rushes'. The famous 'Eureka Stockade' miner rebellion had occurred just two years previously, in December 1854.
In Melbourne the Madden brothers attended St Patrick's College. John matriculated at the University of Melbourne in 1861, graduating BA with third-class honours in 1864 and LL.B with the Billings medal as one of the first four law graduates in 1865. Madden preserved links with the University of Melbourne, succeeding Sir Anthony Brownless as chancellor in 1897. He was noted for his eloquent speeches, his skill in chairing committees, and his unwillingness to interfere with departments. He was called to the Bar in 1869 and had early success, no doubt with the help of having a father and two brothers in practice as solicitors.[2]
He married Gertrude Frances Stephen, a great-niece of Sir Alfred Stephen, on 27 August 1872 at St Mary's Church of England, Caulfield, Victoria.[2] They had six daughters and one son:[2]
A conservative and free trader, he won the seat of West Bourke in the Victorian Legislative Assembly in 1874, and was promptly appointed to the office of Minister of Justice in the McCulloch administration. His reactionary stance in favour of the retention of property qualifications for Legislative Council electors, coupled with his condemnation of the bulk of mankind as too stupid to be entrusted with 'the rights of property', led to fierce onslaughts against him by the Catholic Advocate and the Age and helped to lose him his seat the following year. He remained a member of the ministry, however, and after winning Sandridge (Port Melbourne) in a by-election in July 1876 held that seat until 1883. He was again Minister of Justice from March to August 1880. In August 1882 Madden and his brothers William and Walter were named by the Age as partners in a land and railway fraud. Vigorous denials in the House by Madden met the allegations, and it seemed that the newspaper had blundered.[2]
Madden accepted the chief justiceship and was sworn in on 10th January 1893. He was knighted that year. He was appointed lieutenant-governor in 1899, having acted as governor with great aplomb at various times from 1893. His most publicised action in this capacity was his signing of the proclamation which declared the week beginning 1st May 1893 a 'banking holiday'. He adhered strictly to constitutional usage, even refusing to grant the premier a dissolution in December 1899. He was a loyalist and Imperialist and deemed it proper, while Chief Justice, actively to support recruitment for the South African War and conscription during the First World War.[2]
He was appointed Knight Commander of the Order of St Michael and St George (KCMG) in 1899 and was upgraded to the senior Knight Grand Cross of the Order of St Michael and St George (GCMG) in 1906.[2]
A keen sportsman, though illness forced him to abandon strenuous effort after 1903, Sir John had been a fox-hunter, boxer and rower. He was fond of functions where he could exercise his pleasing wit, and enjoyed being patron of the Victorian Lacrosse Association and president of the Victorian Amateur Athletic Association, the Olympic Sporting Federation and the Savage Club (1911-18).[2]
In 1887-1913 Madden lived at Cloyne, a splendid St Kilda mansion where lavish entertainment abounded. He was an indulgent father. Leisure periods saw the family at their country property Yamala, Frankston, where Madden produced hay and dairy goods, and enjoyed his farming, gardening, carpentry and house-painting. He spent the last five years of his life at Cliveden Mansions, East Melbourne.[2]
Sir John Madden passed away on 10th March 1918 at Cliveden Mansions. He was buried in the Catholic section of Melbourne General Cemetery.[12] He was survived by his wife and six children, and left an estate valued for probate at £29,082.[13] Lady Madden passed away in 1925.
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