David Young was executed at Castlemaine Gaol on 21 August 1865 for the murder of Margaret Graham at Daylesford. His case had drawn fierce public controversy: Young spent nearly seven months imprisoned before trial, twice remanded at Castlemaine Assizes by Crown Prosecutor C. A. Smyth despite what his defence counsel described as no credible evidence. His lawyer made repeated applications for discharge, one of which was refused by Judge Williams, who instead ordered that Young be tried or freed.
The prolonged detention sparked a public letter from his counsel condemning the Crown prosecutor’s conduct as repugnant to English law and a cruel oppression. Comparisons were drawn to parliamentary compensations paid to wrongfully imprisoned men in England and the colony. Despite all of this, Young was ultimately convicted and hanged.
