Horace Francis Markell

Brief description

PER-130

Full description

Horace Francis Markell was born at 'Dartmouth Villa', Neutral Bay, on 24 July 1885, the son of Charles Markell and his wife, Susan Emily nee Hunt. He was educated at Sydney Grammar School and the University of Sydney (BA 1905, LLB 1911). He was awarded the Wigram Allen Scholarship in 1907, for general proficiency in Part I of the Intermediate LLB examination, and the George and Matilda Harris Scholarship in 1908 for his results in Part II of the Intermediate LLB examination. At University he was active in student organisations: the Sydney University Undergraduates Association (committee member 1907 and 1908), the Sydney University Law Society (secretary 1907, committee member 1908 and 1909), and the University Union (secretary 1907-1908, vice-president 1909, committee member 1910). (1)

Markell was called to the NSW Bar on 8 May 1911 and practised mainly in common law. He was a member of the Council of the Bar of New South Wales from 1918/19 to 1925/26 and again in 1932/33. He was made a King's Counsel from 3 July 1928. (2)

From 1928 Markell was appointed an Acting District Court Judge and Chairman of Quarter Sessions on a number of occasions. He acted in the Metropolitan District (20 February to 17 March 1928, 4 to 28 March 1929, 2 to 30 June 1930, 1 August to 30 November 1933) and in the Western District (2 to 30 June 1930, 7 June to 6 July 1932). In 1934-35 he was an Acting Judge of the Supreme Court in all jurisdictions (14 February to 8 September 1934, 9 October to 31 December 1934, 19 April to 31 May 1935). In 1935 he was made a Judge of every District Court and Chairman of every Quarter Sessions, to exercise jurisdiction in the Metropolitan District from 1 August. He retired from the District Court in February 1952. On 2 January 1952 Markell was one of five District Court judges appointed as an Acting Judge of the Supreme Court of New South Wales for the period 7 January to 25 January. (3)

Markell presided over three Royal Commissions, two for the New South Wales government and one for the Commonwealth. The first in 1936-1938 was the Royal Commission of inquiry into allegations against the police in connection with the suppression of illicit betting. It resulted from the complaints of C C Lazzarini, MLA, of improper conduct by the New South Wales Police re the suppression of starting price and street betting. Three reports were issued in connection with this Commission. Allegations included framing men for starting price (s.p.) betting, the use of false evidence by the police, the arrest of the innocent, raids on private homes without just cause, intimidation of the public, and failure to arrest the masterminds. The first commission was issued on 10 March 1936. On 7 April 1936 Markell's brief was extended to include allegations of the acceptance of bribes by members of the Police in connection with illegal betting. There were four time extensions, the second of which included a curtailment, and Markell reported on 30 November 1936. Twenty-seven cases were investigated and several police were found guilty of the charges made. Following his report Markell was asked on 3 March 1937 to further investigate the arrest of William George Mowlds and the conduct of Constable Miller, as a witness, Inspector G G Ferguson, had been overseas at the time of the first inquiry. Following three extensions, Markell reported back on 15 September 1937. The third report came when Markell was asked on 25 October 1938 to hear new evidence in the cases of certain police officers who were dismissed following upon the previous Royal Commission. He re-examined seven cases and reported on 8 December 1938. (4)

In 1942-43 Markell conducted an inquiry for the Commonwealth Government upon certain trading operations in connection with the sale or disposal of apples and pears on behalf of the Australian Apple and Pear Marketing Board. The Board had been set up under the National Security Regulations of 6 December 1940 to purchase and resell the apple and pear crops following the loss of export markets due to World War II and to promote the consumption of apples and pears and long term storage solutions such as canning, dehydration and juicing. (5)

On 3 November 1950, Markell was appointed to the Royal Commission of inquiry into Victor Nicholas Peters, a member of the Greyhound Racing Control Board. His commission was to inquire whether Peters' appointment to the Greyhound Racing Control Board was in accordance with the Gaming and Betting Act, 1912-1949; whether Peters had been disqualified for life by the Wyong Coursing Club circa 1935; and whether Peters had ever been disqualified for life by any coursing or greyhound racing club. Markell reported on 14 March 1951 and found that Peters was appointed in accordance with the provisions of the Gaming and Betting Act, and had not been disqualified for life from any coursing or greyhound racing club. (6)

Following his retirement, Markell was Chairman of the Electoral Commission and President of the Prisoners' Parole Board. (7)

Markell's hobbies included fishing, gardening and playing the banjo and guitar. He was foundation president of the Orchid Society of New South Wales in August 1934 and was president for several years. He died of a heart attack on 29 August 1953 at Kure, Japan, whilst travelling to see the country where his parents died in the 1923 earthquake. His ashes were deposited at the South Head Cemetery. He was survived by his wife, Edith Theresa nee Chauncy, whom he married on 4 April 1917, and two daughters. (8)


Endnotes
1. Who's Who in Australia, 1938, p.348; 1941, p.465; 1944, p.574; 1947, p.579; 1950, p.483; HJ Gibbney and Ann G Smith, A Biographical Register 1788-1939, Canberra, Australian Dictionary of Biography, 1987, Vol II, p.80; HTE Holt, 'Horace Francis Markell, K.C.', pp.208-212 in A Court Rises: the lives and times of the Judges of the District Court on New South Wales (1859-1959), North Sydney, Law Foundation of New South Wales, 1976; University of Sydney Calendar, 1906, p.338; 1907, pp.447, 456, 459; 1908, pp.453, 462, 464; 1909, pp.469, 472; 1910, p.525; 1912, pp.271, 277, 513, University of Sydney website, http://calendararchive.usyd.edu.au/index.php (cited 12 May 2008).
2. Barristers Admission Board; NRS 13665, Roll of Barristers, 1876-1926; Reel 2147, p.18; HTE Holt, op.cit., 'Bar Councillors 1902-2006', New South Wales Bar Association, http://www.nswbar.asn.au/docs/about/history/bclist1910_1920.php (cited 22 January 2008); New South Wales Law Almanac for 1933, Sydney, NSW Government Printer, 1933, p.56; NSW Government Gazette, No.91, 13 July 1928, p.3211.
3. NSW Government Gazette, No. 23, 17 February 1928, p.811; No.29, 1 March 1929, p.1062, No.68, 6 June 1930, p.2152, No.89, 8 July 1932, p.2231, No.119, 4 August 1933, p.2885; No.135, 1 September 1933, p.3173; No.155, 29 September 1933, p.3498;No.177, 27 October 1933, p.3841; No.29, 16 February 1934, p.803; No.48, 16 March 1934, p.1217; No.68, 13 April 1934, p.1517; No.147, 10 August 1934, p.2883; No.186, 5 October 1934, p.3637; No.200, 2 November 1934, p.3953; No.85, 26 April 1935, p.1787; No.136, 26 July 1935, p.3095; Holt, op.cit., p.211; State Reports New South Wales, Sydney, Law Book Company of Australasia Pty Ltd, Vol.52 (1952).
4. D H Borchardt, Checklist of Royal Commissions Select Committees of Parliament and Boards of Inquiry, Part IV New South Wales 1855-1960, Bundoora, La Trobe University Library, 1975, pp.317-8; NSW Government Gazette, No.51, 13 March 1936, p.1301; No.62, 9 April 1936, p.1560; No.83, 15 May 1936, p.1944; No.111, 10 July 1936, p.2856; No.131, 14 August 1936, p.3418; No.156, 9 October 1936, p.4226; No.32, 5 March 1937, p.1008; No.64, 7 May 1937, p.1852; No.91, 2 July 1937, p.2478; No.131, 3 September 1937, p.3547.
5. Holt, op.cit.; National Archives of Australia - Primary description of item 100997, http://naa12.naa.gov.au/scripts/ItemDetail.asp?M=0&B=100997 (cited 7 May 2008); National Archives of Australia - Primary description of item 7253356, http://naa12.naa.gov.au/scripts/ItemDetail.asp?M=0&B=7253356 (cited 7 May 2008); Apple and Pear Marketing Board, National Archives of Australia - Agency notes for agency CA 122, http://naa12.naa.gov.au/scripts/AgencyDetail.asp?M=0&B=CA+122 (cited 7 May 2008).
6. D H Borchardt, op.cit, p.334; NSW Government Gazette, No.171, 3 November 1950, p.3277; No.182, 1 December 1950, p.3530.
7. Holt, op.cit., p.211; Australian Law Journal, Vol.27 (1953), p.332.
8. ibid; 'About the Orchid Society of NSW', http://www.orchidsocietynsw.com.au/About.htm (cited 13 May 2008).

Notes

Acting District Court Judge, Metropolitan District, 20/02/1928 - 17/03/1928, 04/03/1929 - 28/03/1929, 02/06/1930 - 30/06/1930, 01/08/1933 - 30/11/1933
Acting Chairman of Quarter Sessions, Metropolitan District, 20/02/1928 - 17/03/1928, 04/03/1929 - 28/03/1929, 02/06/1930 - 30/06/1930, 01/08/1933 - 30/11/1933
Acting District Court Judge, Western District, 02/06/1930 - 30/06/1930, 07/06/1932 - 06/07/1932
Acting Chairman of Quarter Sessions, Western District, 02/06/1930 - 30/06/1930, 07/06/1932 - 06/07/1932
Acting Judge, Supreme Court of New South Wales, all jurisdictions, 14/02/1934 - 08/09/1934, 09/10/1934 - 31/12/1934, 19/04/1935 - 31/05/1935, 07/01/1952 - 25/01/1952
Judge of all District Courts of NSW, Metropolitan District, 01/08/1935 - February 1952
Chairman of every Court of Quarter Sessions, Metropolitan District, 01/08/1935 - February 1952
Commissioner, Royal Commission of inquiry into allegations against the police in connection with the suppression of illicit betting, 10/03/1936 - 08/12/1938
Commissioner, Commonwealth inquiry upon certain trading operations in connection with the sale or disposal of apples and pears on behalf of the Australian Apple and Pear Marketing Board, 1942 - 1943
Commissioner, Royal Commission of inquiry into Victor Nicholas Peters, a member of the Greyhound Racing Control Board, 03/11/1950 - 14/03/1951
Chairman, Electoral Commission NSW, 1952 - 1953
President, Parole Board NSW, 1952 - 1953