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Promoting Irish Culture and History from Little Rock, Arkansas, USA


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Birth of Arthur Wolfe, 1st Viscount Kilwarden

Arthur Wolfe, 1st Viscount Kilwarden KC, Anglo-Irish peer, politician and judge, who held office as Lord Chief Justice of Ireland, is born on January 19, 1739, at Forenaughts House, Naas, County Kildare.

Wolfe is the eighth of nine sons born to John Wolfe (1700–60) and his wife Mary (d. 1763), the only child and heiress of William Philpot, a successful merchant at Dublin. One of his brothers, Peter, is the High Sheriff of Kildare, and his first cousin Theobald is the father of the poet Charles Wolfe.

Wolfe is educated at Trinity College Dublin, where he is elected a Scholar, and at the Middle Temple in London. He is called to the Irish Bar in 1766. In 1769, he marries Anne Ruxton (1745–1804) and, after building up a successful practice, takes silk in 1778. He and Anne have four children, John, Arthur, Mariana and Elizabeth.

In 1783, Wolfe is returned as Member of Parliament for Coleraine, which he represents until 1790. In 1787, he is appointed Solicitor-General for Ireland, and is returned to Parliament for Jamestown in 1790.

Appointed Attorney-General for Ireland in 1789, Wolfe is known for his strict adherence to the forms of law, and his opposition to the arbitrary measures taken by the authorities, despite his own position in the Protestant Ascendancy. He unsuccessfully prosecutes William Drennan in 1792. In 1795, Lord Fitzwilliam, the new Lord Lieutenant of Ireland, intends to remove him from his place as Attorney-General to make way for George Ponsonby. In compensation, Wolfe’s wife is created Baroness Kilwarden on September 30, 1795. However, the recall of Fitzwilliam enables Wolfe to retain his office.

In January 1798, Wolfe is simultaneously returned to Parliament for Dublin City and Ardfert. However, he leaves the Irish House of Commons when he is appointed Chief Justice of the Kings Bench for Ireland and created Baron Kilwarden on July 3, 1798.

After the Irish Rebellion of 1798, Wolfe becomes notable for twice issuing writs of habeas corpus on behalf of Wolfe Tone, then held in military custody, but these are ignored by the army and forestalled by Tone’s suicide in prison. In 1795 he had also warned Tone and some of his associates to leave Ireland to avoid prosecution. Tone’s godfather, Theobald Wolfe of Blackhall (the father of Charles Wolfe), is Wolfe’s first cousin, and Tone may have been Theobald’s natural son. These attempts to help a political opponent are unique at the time.

After the passage of the Acts of Union 1800, which he supports, Wolfe is created Viscount Kilwarden on December 29, 1800. In 1802, he is appointed Vice-Chancellor of the University of Dublin.

In 1802 Wolfe presides over the case against Town Major Henry Charles Sirr in which the habitual abuses of power used to suppress rebellion are exposed in court.

In the same year Wolfe orders that the well-known Catholic priest Father William Gahan be imprisoned for contempt of court. In a case over the disputed will of Gahan’s friend John Butler, 12th Baron Dunboyne, the priest refuses to answer certain questions on the ground that to do so would violate the seal of the confessional, despite a ruling that the common law does not recognize the seal of the confessional as a ground for refusing to give evidence. The judge apparently feels some sympathy for Gahan’s predicament, as he is released from prison after only a few days.

During the Irish rebellion of 1803, Wolfe, who had never been forgiven by the United Irishmen for the execution of William Orr, is clearly in great danger. On the night of July 23, 1803, the approach of the Kildare rebels induces him to leave his residence, Newlands House, in the suburbs of Dublin, with his daughter Elizabeth and his nephew, Rev. Richard Wolfe. Believing that he will be safer among the crowd, he orders his driver to proceed by way of Thomas Street in the city centre. However, the street is occupied by Robert Emmet‘s rebels. Unwisely, when challenged, he gives his name and office, and he is rapidly dragged from his carriage and stabbed repeatedly with pikes. His nephew is murdered in a similar fashion, while Elizabeth is allowed to escape to Dublin Castle, where she raises the alarm. When the rebels are suppressed, Wolfe is found to be still alive and is carried to a watch-house, where he dies shortly thereafter. His last words, spoken in reply to a soldier who called for the death of his murderers, are “Murder must be punished; but let no man suffer for my death, but on a fair trial, and by the laws of his country.”

Wolfe is succeeded by his eldest son John Wolfe, 2nd Viscount Kilwarden. Neither John nor his younger brother Arthur, who dies in 1805, have male issue, and on John’s death in 1830 the title becomes extinct.

(Pictured: Portrait of Lord Chief Justice of Ireland, Arthur Wolfe (later Viscount Kilwarden) by Hugh Douglas Hamilton, between 1797 and 1800, Gallery of the Masters)


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Official Opening of the New Court of Appeal Building

President Michael D. Higgins officially opens the new Court of Appeal building in the Four Courts on November 26, 2015. The court, situated in the former Public Records building in the Four Courts complex, has been refurbished at a cost of €3 million.

The ten-judge court is established in 2014. President of the Court of Appeal, Justice Sean Ryan, says the court has achieved major success in dealing with criminal appeals. He says the court is also committed to realising the hopes and expectations of the people when they established the new court and to making whatever changes are necessary.

Justice Ryan says the new court has inherited 660 cases from the Court of Criminal Appeal and has taken on 287 new appeals up to the previous July. Two hundred eighty have been disposed of and all cases ready for hearing are listed for hearing next term.

On the civil side Justice Ryan says the total number of civil appeals disposed of is 468. New civil appeals number 60 a month. He adds that he and his colleagues have achieved a remarkable amount in a short space of time.

President Higgins pays tribute to the work of the court to date. He says it inherited a significant workload from the Supreme Court and the initial priority is to reduce the backlog of criminal cases. Inroads have also been made into reducing the waiting times for dealing with civil appeals.

President Higgins says that the courts play a vital role in the function of the State and there are also plans to faciltate a second court to hear civil appeals which will make further progress in reducing waiting times. He says the effectiveness and efficiency in the court system is also underscored by Ireland’s obligations under a number of international agreements, including Article 6 of the European Convention on Human Rights, which guarantees citizens a right to a fair and speedy trial.

Chief Justice Susan Denham says the occasion is a significant one for the people of Ireland who decided there should be a Court of Appeal. She adds that it is an important day for all involved in the law and that the new judges of the court have “done trojan work on this great project for the people of Ireland.”

(From: “President opens new Court of Appeals building,” Raidió Teilifís Éireann (RTÉ), http://www.rte.ie, November 26, 2015 | Pictured: President Michael D. Higgins (left) pays tribute to the work of the court to date)


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Six Charged in the Birmingham Pub Bombings

On November 24, 1974, British police charge six men in connection with the Birmingham pub bombings three days earlier. Hugh Callaghan, Patrick Hill, Robert Hunter, Noel McIlkenny, William Power and John Walker are accused of the murder of the youngest victim of the attacks, Jane Davis, age 17, who is one of 19 people killed when bombs explode on November 21 in the Mulberry Bush at the foot of the Rotunda, and the Tavern in the Town, a basement pub in New Street.

A massive security operation is launched in Birmingham the following day when the six accused men appear in a hearing at the Victoria Law Courts. Assistant Chief Constable Maurice Buck, who is leading the investigation, says the six had been apprehended on the night of the attacks.

Five of the alleged bombers, who are from Northern Ireland but have been resident in England for at least eleven years, are arrested on the Belfast ferry at Heysham. Callaghan is arrested in Birmingham. All of the men had been living in the city, but Buck declines to give their addresses “for security reasons.”

The assistant chief constable tells reporters that the alleged bombers will be charged soon in connection with the deaths of the other 18 victims. “We are satisfied that we have found the men primarily responsible, but our inquiries will continue,” he says.

The so-called Birmingham Six are found guilty in August 1975 of carrying out the bombings and sentenced to life imprisonment. They are released after 16 years in jail when their convictions are quashed by the Court of Appeal in May 1991. One of the six, Paddy Hill states on his release, “The police told us from the start they knew we hadn’t done it. They didn’t care who had done it.” The real bombers have never been prosecuted and no group has ever admitted planting devices.

Three detectives are charged with perjury and conspiracy in connection with the investigation, but their trial is halted in 1993 on the grounds of prejudicial media coverage.

The six men finally agree on undisclosed compensation settlements in June 2002 – more than ten years after they had been freed.

(From: “1974: Six charged over Birmingham pub bombs” by BBC News, http://www.news.bbc.co.uk)


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Death of Sir James Charles Mathew, Barrister & Judge

Sir James Charles Mathew, barrister and judge, dies in London on November 9, 1908.

Mathew is born on July 10, 1830 at Lehenagh House, County Cork, eldest son of Charles Mathew, gentleman, of Lehanagh House and Castlelake, County Tipperary, and his wife Mary, daughter of James Hackett of Cork. He is of a Roman Catholic family and his uncle is Fr. Theobald Mathew, the temperance movement campaigner. His initial education is at a private school in Cork. He enters Trinity College Dublin (TCD) in July 1845, graduating BA (1850) as a gold medalist and senior moderator. In Hilary term 1850 he is admitted to the King’s Inns in Dublin. He moves to London, entering Lincoln’s Inn on June 1, 1851, and is called to the English bar in Hilary term 1854.

Mathew is a founding member of the Hardwicke Society, a legal debating society, and builds up a substantial practice as a junior barrister, being much in demand as counsel for jury cases in the Guildhall sittings. Despite being highly regarded by his peers, a certain lack of confidence holds him back and even when vacancies arise he does not apply to be made a Queen’s Counsel (QC). In 1873, however, he represents the treasury as a junior counsel in the prosecution of the Tichborne claimant, Arthur Orton, in one of the most celebrated legal cases of the day. He is the only counsel for the treasury who does not get into heated arguments in court with Orton’s leading council, Dr. Edward Vaughan Hyde Kenealy.

Mathew possesses an encyclopedic knowledge of legal procedure and in 1881 is made a bencher at Lincoln’s Inn and awarded an honorary doctorate by TCD. Although still only a junior counsel he is appointed a judge in the Queen’s Bench Division in March 1881 and knighted. After the return to office of the Liberal Party in August 1892 he becomes chairman of the commission established to investigate the state of evicted tenants in Ireland. His appointment is perhaps unfortunate, as he is a home ruler in politics and the home rule MP John Dillon is his son-in-law. When the commission begins its hearings on November 7, 1892, he announces that he will not allow witnesses to be cross-examined. This provokes protests from Edward Carson, who had recently been replaced as solicitor general for Ireland. Counsel is ordered to withdraw and eventually two members of the commission resign, while the landlords refuse to cooperate with the proceedings. Despite severe criticism, many of the commission’s recommendations are incorporated in the Wyndham Land Purchase Act of 1903.

Throughout his legal career, Mathew argues for the establishment of a separate commercial court, and eventually succeeds in convincing the other members of the bench and also Lord Russell of Killowen, who is appointed Lord Chief Justice in 1894, that such a court be established. As a result of this, he is appointed as the first judge of the Commercial Court when it is set up in 1895. In 1901 he is made a privy councilor and appointed judge in the Court of Appeal.

On December 6, 1905 Mathew is seized with a paralytic stroke at the Athenaeum Club in London, and his resignation is announced on the following day. On November 9, 1908 he dies at his London home, 46 Queen’s Gate Gardens. His remains are returned to Ireland, where they are interred in St. Joseph’s Cemetery, Cork.

Mathew marries Elizabeth Blackmore, eldest daughter of the Rev. Edwin Biron, JP and vicar of Lympne near Hythe, Kent, in December 1861. They have two sons and three daughters. His eldest daughter, Elizabeth Mathew, marries John Dillon. A portrait of Sir James Charles Mathew, by Frank Holl, is in the possession of the family. In 1896 a cartoon portrait of him by ‘Spy’ appears in Vanity Fair.

(From: “Mathew, Sir James Charles” by David Murphy, Dictionary of Irish Biography, http://www.dib.ie | Pictured: Sir James Charles Mathew by Alexander Bassano, half-plate glass negative, 1883, National Portrait Gallery, London)


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Birth of Susan Denham, First Female Chief Justice of Ireland

Susan Jane Denham, SC (née Gageby), Irish judge who is the first woman to hold the position of Chief Justice of Ireland (2011-17), is born in Dublin on August 22, 1945. She serves as a Judge of the Supreme Court of Ireland (1992-2017), and is the longest-serving member of the court on her retirement. She also serves as a Judge of the High Court (1991-92).

Gageby is the daughter of the former editor of The Irish Times, Douglas Gageby, the sister of another barrister, Patrick Gageby, and maternal granddaughter of Seán Lester. She is from a Church of Ireland background. She is educated at Alexandra College, Dublin, and attends Trinity College Dublin, the King’s Inns, and the Law School of Columbia University, New York City (LL.M. 1972). She is involved with the Free Legal Advice Centres while studying in Dublin and is a founder and president of the Archaeology and Folklife Society at Trinity College.

Gageby is called to the bar in July 1971 and becomes a Senior Counsel in October 1987. She is the fourth woman to enter the Inner Bar. She becomes a senior counsel on the same day as future Supreme Court colleague Mary Laffoy. She works on the Midland circuit until 1979, following which she is based in Dublin. She is involved in a number of leading cases while a junior barrister and a Senior Counsel particularly in the area of judicial review. She becomes a High Court judge in 1991.

Gageby marries paediatrician Dr. Brian Denham in 1992. Also in 1992, at the age of 47, Denham is the first woman appointed to the Supreme Court. She is considered for appointment to the role of President of the High Court in 1994, but declines to have her name put forward. She makes two dissents early on in her period on the Court. Throughout her tenure as a judge she is seen by commentators to be a “liberal” judge.

In Kelly v Hennessy in 1996, Denham outlines criteria for a court to consider the evidence of the existence of nervous shock in Ireland. In 2001, she is the sole member of the Supreme Court to dissent in TD v Minister for Education. The court overturns a decision of Peter Kelly in the High Court to direct the government to build secure care units for certain children.

From 1995 to 1998, Denham chairs the Working Group on a Courts Commission, which is responsible for a significant reform of the organisation of the courts since the foundation of the state. It leads to the establishment of the Courts Service. She is on the Interim Board of the Court Service and serves on the Board of the Court Service from its inception, and chairs the board from 2001 to 2004. She chairs the Committee on Court Practice and Procedure which recommends in 2002 the establishment of a commercial court within the High Court.

From 2006, Denham chairs the Working Group on a Court of Appeal. The report of the group is published by the government in August 2009 and recommends the establishment of a general Court of Appeal. This is ultimately established in 2014, after a referendum in 2013.

Denham is part of the Irish delegation which, with the Netherlands and Belgium, establishes the European Network of Councils for the Judiciary (ENCJ) and she continues an involvement in this Network. From January 1, 2015 to December 31, 2016, she is President of the Network of the Presidents of the Supreme Judicial Courts of the European Union which is an association of Supreme Court Presidents and Chief Justices of EU Member States.

Denham writes the judgment in McD v. L (2009), upholding the parental rights of a sperm donor.

On July 4, 2011, Denham is nominated by Taoiseach Enda Kenny to become Chief Justice of Ireland, and is appointed as Chief Justice by President Mary McAleese on July 25, 2011. She is the first woman appointed to the office and as a member of the Church of Ireland, she is the first non-Catholic to hold the position. She is also the first graduate of Trinity College Dublin to have been appointed as Chief Justices have largely been graduates of University College Dublin. She succeeds John L. Murray.

During Denham’s tenure as Chief Justice, the Supreme Court issues suspended declarations of unconstitutionality for the first time. The possibility to delay the effect of a court declaration that a piece of legislation is contrary to the Constitution is first explored by Denham in A v Governor of Arbour Hill Prison. The court first adopts this approach in N.V.H. v Minister for Justice & Equality in May 2017.

As Chief Justice, Denham oversees changes in the operations of the Supreme Court and the courts generally. She oversees the removal of the requirement for judges to wear wigs while hearing cases. In 2015, the Supreme Court sits outside Dublin for the first time since 1931, sitting in Cork. She corresponds with the Office of Public Works over the lack of heating in the Four Courts, threatening to cancel sittings if the issue is not resolved. She advocates for the inclusion of a new courtroom for the Supreme Court in plans to develop a new family court complex on Hammond Lane.

In her capacity as Chief Justice, Denham oversees the administration of the Presidential Declaration of Office at the inauguration of President Michael D. Higgins in Dublin Castle in November 2011.

Denham retires from the position in July 2017, and is succeeded by Judge Frank Clarke. She is the third-longest serving Supreme Court judge ever at the time of her retirement. In her remarks on her retirement, she draws attention to the government’s failure to institute a judicial council, having first attempted to persuade the government to establish one in 1997.

In 2019, Denham is made an honorary fellow of Trinity College Dublin, where she was a Pro-Chancellor from 1996-2010.

The Courts Service announces on August 24, 2020 that the Supreme Court has appointed Denham to review the attendance of Supreme Court judge Séamus Woulfe at a dinner organised by the Oireachtas Golf Society. She is appointed on a non-statutory basis as the relevant section in the Judicial Council Act 2019 on judicial conduct has not yet been commenced.


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Resignation of Attorney General Patrick Connolly

Patrick James Connolly, Irish barrister who serves as Attorney General of Ireland from March 1982 to August 1982, resigns on August 17, 1982, after Malcolm McArthur, wanted for, and later convicted of murder is found to be his house guest. The fallout from the incident leads to one of the most famous acronyms in Irish politics.

Connolly is born on May 25, 1927, the elder of the two sons of a headmaster and a teacher in Fingal, County Dublin. He is educated at St. Joseph’s College, University College Dublin and the King’s Inns, after which he is called to the Bar in 1949. His practice, which focuses on personal injury cases, is widely successful. On March 9, 1982, Taoiseach Charles Haughey names him as Attorney General of Ireland.

Connolly resigns on August 17, 1982 after Malcolm MacArthur, who had been a house-guest of Connolly’s, is arrested for murder. MacArthur, the domestic partner of Connolly’s friend Brenda Little, had committed a horrific double murder in the midst of a botched carjacking and robbery in 1982. Though Connolly is not implicated in the murder and is completely unaware of McArthur’s activities, he is forced to resign at midnight the night of MacArthur’s arrest and never again serves in government.

The much reviled, and correspondingly much loved Taoiseach, Charles Haughey, describes the incident as “a bizarre happening, an unprecedented situation, a grotesque situation, an almost unbelievable mischance.” Conor Cruise O’Brien, one of Haughey’s political opponents who despises the most corrupt Taoiseach in Irish history coins the phrase GUBU – Grotesque, Unprecedented, Bizarre, Unbelievable – to describe not just what happened but Haughey’s overall response.

Connolly returns to practice at the Irish bar and to work as a senior counsel in Dublin. A life-long bachelor, he dies at the age of 88 on January 7, 2016. Though he never marries, he has a very close relationship with his extended family, including his nephew and two nieces who speak at his funeral Mass. He is buried in Deans Grange Cemetery.


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Enactment of the Papist Act 1778

The Papists Act 1778, an Act of the Parliament of Great Britain, is enacted on August 14, 1778, and grants rights of leasing and inheritance to those who have taken the oath of allegiance, the first rolling back of the Penal Laws and the first Act for Roman Catholic relief. Later in 1778 it is also enacted by the Parliament of Ireland.

Before the Act, a number of “Penal laws” had been enacted in Britain and Ireland, which varied between the jurisdictions from time to time but effectively excluded those known to be Roman Catholics from public life.

By this Act, an oath is imposed, which besides a declaration of loyalty to the reigning sovereign, contains an abjuration of the Pretender, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the Pope has temporal as well as spiritual jurisdiction in Great Britain.

Those taking this oath are exempted from some of the provisions of the Popery Act 1698. Although it does not grant freedom of worship, it allows Catholics to join the army and purchase land if they take an oath of allegiance. The section as to taking and prosecuting priests is repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics are also enabled to inherit and purchase land, nor is an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his “papist” kinsman.

The passing of this act is the occasion of the Gordon Riots (1780) in which the violence of the mob is especially directed against William Murray, 1st Earl of Mansfield, who had objected to various prosecutions under the statutes now repealed.

This Act remains on the statute book until it is repealed by the Promissory Oaths Act 1871.

(Pictured: The royal coat of arms of Great Britain, 1714-1801, used by King George I, George II and George III)


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The Irish Church Act 1869 Receives Royal Assent

The Irish Church Act 1869 receives British royal assent on July 26, 1869. The Act is an act of the Parliament of the United Kingdom which separates the Church of Ireland from the Church of England and disestablishes the former, a body that commands the adherence of a small minority of the population of Ireland. The Act is passed during the first ministry of William Ewart Gladstone and comes into force on January 1, 1871. It is strongly opposed by Conservatives in both houses of Parliament.

The Act means the Church of Ireland is no longer entitled to collect tithes from the people of Ireland. It also ceases to send representative bishops as Lords Spiritual to the House of Lords in Westminster. Existing clergy of the church receive a life annuity in lieu of the revenues to which they are no longer entitled: tithes, rentcharge, ministers’ money, stipends and augmentations, and certain marriage and burial fees.

The passage of the Bill through Parliament causes acrimony between the House of Commons and the House of Lords. Queen Victoria personally intervenes to mediate. While the Lords extort from the Commons more compensation to alleviate the disestablished churchmen, in the end, the will of the Commons prevail.

The Irish Church Act is a key move in dismantling the Protestant Ascendancy which had dominated Ireland for several centuries previously.


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Birth of John Philpot Curran, Orator, Politician, Lawyer & Judge

John Philpot Curran, Irish orator, politician, wit, lawyer and judge, who holds the office of Master of the Rolls in Ireland, is born in Newmarket, County Cork, on July 24, 1750.

Curran is the eldest of five children of James Curran, seneschal of the Newmarket manor court, and Sarah, née Philpot. The Curran family are said to have originally been named Curwen, their ancestor having come from Cumberland as a soldier under Oliver Cromwell during the Cromwellian conquest of Ireland, originally settling in County Londonderry.

Curran is educated at Midleton College, County Cork, before studing law at Trinity College Dublin. He continues his legal studies at King’s Inns and the Middle Temple. He is called to the Irish Bar in 1775. Upon his first trial, his nerves get the better of him and he cannot proceed. His short stature, boyish features, shrill voice and a stutter are said to have impacted his career, and earn him the nickname “Stuttering Jack Curran.”

However, Curran can speak passionately in court on subjects close to his heart. He eventually overcomes his nerves and gets rid of his speech impediment by constantly reciting Shakespeare and Bolingbroke in front of a mirror, becoming a noted orator and wit. His championing of popular Irish causes such as Catholic emancipation make him one of the most popular lawyers in Ireland. He is also fluent in the Irish language which is still the language of the majority at the time. He writes a large amount of humorous and romantic poetry.

The case which cements Curran’s popularity is that of Father Neale and St. Leger St. Leger, 1st Viscount Doneraile at the County Cork Assizes in 1780. Having a passion for lost causes, he represents the priest and wins over the jury by setting aside the issue of religion.

A liberal Protestant whose politics are similar to Henry Grattan, Curran employs all his eloquence to oppose the illiberal policy of the Government, and also the Union with Britain. He stands as Member of Parliament (MP) for Kilbeggan in 1783. He subsequently represents Rathcormack (1790-98) and Banagher from 1800 until the Act of Union in 1801, which bitterly disappoints him, forcing him to contemplate emigrating to the United States.

In 1798, Ireland rebels against the British House of Commons and lack of reforms on Catholic emancipation. The British defeat the Irish rebels in numerous battles and soon establish their control over the country by 1799. Many of the Irish ring leaders are charged with treason and are facing death sentences. Curran plays an important role in court defending the leaders of the United Irishmen.

Curran’s youngest daughter Sarah‘s romance with United Irishmen leader Robert Emmet scandalises Curran, who had tried to split them up. He is arrested and agrees to pass their correspondence on to Standish O’Grady, 1st Viscount Guillamore, the Attorney-General for Ireland. In the circumstances he cannot defend Emmet. He is suspected of involvement in Emmet’s Rebellion, but is completely exonerated. However, his friend Arthur Wolfe, 1st Viscount Kilwarden, is killed by the rebels, and he loses any faith in the beliefs of the United Irishmen. Emmet is found guilty of rebelling against the Crown and the union between Great Britain and Ireland and is hanged in 1803. Curran disowns Sarah, who dies of tuberculosis five years later.

Curran is appointed Master of the Rolls in Ireland in 1806, following William Pitt the Younger‘s replacement by a more liberal cabinet.

Curran retires in 1814 and spends his last three years in London. He dies in his home in Brompton on October 14, 1817. In 1837, his remains are transferred from Paddington Cemetery, London to Glasnevin Cemetery in Dublin, where they are laid in an 8-foot-high classical-style sarcophagus. In 1845 a white marble memorial to him, with a carved bust by Christopher Moore, is placed near the west door of St. Patrick’s Cathedral, Dublin.


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Birth of Sir Maziere Brady, 1st Baronet & Lord Chancellor of Ireland

Sir Maziere Brady, 1st Baronet, PC (Ire), Irish judge, notable for his exceptionally long, though not particularly distinguished tenure as Lord Chancellor of Ireland, is born on July 20, 1796.

Brady is born on Parliament Street, Dublin, the second son of Francis Tempest Brady of Booterstown, a manufacturer of gold and silver thread, and his wife Charlotte Hodgson, daughter of William Hodgson of Castledawson, County Londonderry. He is baptised at St. Werburgh’s Church, Dublin. He is the brother of Sir Nicholas Brady, Lord Mayor of Dublin, and uncle of the eminent ecclesiastical historian William Maziere Brady.

The Bradys are an old and distinguished Munster family who are particularly associated with the town of Bandon, County Cork. Probably the most celebrated of his ancestors is the poet and psalmist Nicholas Brady (1659–1726), who collaborated with Nahum Tate, the Poet Laureate, on New Version of the Psalms of David.

Other notable forebears include Hugh Brady, the first Protestant Bishop of Meath (d. 1584), his father-in-law Robert Weston who, like Maziere serves as Lord Chancellor of Ireland, and the judge and author Luke Gernon (d. 1672), who is now best remembered for his work A Discourse of Ireland (1620), which gives a detailed and (from the English colonial point of view) not unsympathetic picture of the state of Ireland in 1620.

Brady is educated at Trinity College Dublin, and takes his Bachelor of Arts degree in 1816. He enters the Middle Temple in 1816, is called to the Bar in 1819 and becomes King’s Counsel in 1835.

In politics Brady is a Liberal and supports Catholic emancipation. He sits on a commission of inquiry into Irish municipal corporations in 1833. He is appointed Solicitor-General for Ireland in 1837 and Attorney-General for Ireland the following year. In 1840 he is appointed Lord Chief Baron of the Irish Exchequer. In 1846 he is appointed Lord Chancellor of Ireland and serves in that office, with short intervals, for the next 20 years. He retires in 1866 and is made a baronet, of Hazelbrook in the County of Dublin, in 1869. His appointment ends the practice which grew after the Acts of Union 1800 of appointing only English lawyers as Lord Chancellor of Ireland. He sits on the Government Commission on Trinity College Dublin in 1851, and is nominated as Vice-Chancellor of Queen’s University Belfast in 1850. All through his life he shows a keen interest in education.

According to Elrington Ball, Brady’s Lord Chancellorship is notable for its length but for nothing else. Ball calls him “a good Chief Baron spoiled to make a bad Chancellor.” By general agreement he had been an excellent Chief Baron of the Exchequer, having a reputation for being fair-minded, courteous and approachable, but in Ball’s view the more onerous (and partly political) office of Lord Chancellor is beyond his capacity. Unlike some judges whose training had been in the common law, he never quite masters the separate code of equity. Delaney takes a somewhat more favourable view of Brady as Lord Chancellor, arguing that while his judgements do not show any great depth of learning they do show an ability to identify the central issue of any case and to apply the correct legal principle to it.

An anonymous pamphlet from 1850, which is highly critical of the Irish judiciary in general, describes Brady as being unable to keep order in his Court, and easily intimidated by counsel, especially by that formidable trio of future judges, Jonathan Christian, Francis Alexander FitzGerald, and Abraham Brewster. The author paints an unflattering picture of Brady as sitting “baffled and bewildered” in a Court where he is “a judge but not an authority.” On the other hand, Jonathan Christian, who had often clashed with Brady in Court, later praises him as “no ordinary man” despite his shortcomings as a judge. He describes him as “independent-minded, patriotic, natural and unaffected.”

Brady is a founder member of the Stephen’s Green Club and a member of the Royal Dublin Society and the Royal Irish Academy. In addition to the arts he shows a keen interest in science, especially after his retirement. Like most judges of the time he has both a town house in central Dublin and a place some distance from the city centre. His country house is Hazelbrook, Terenure, Dublin. He changes his town house several times, settling finally in Pembroke Street.

Brady marries firstly Elizabeth Anne Buchanan, daughter of Bever Buchanan, apothecary of Dublin, and his wife Eleanor Hodgson, in 1823 and they have five children. Elizabeth dies in 1858. In 1860, Brady marries Mary Hatchell, daughter of John Hatchell, Attorney-General for Ireland and Elizabeth Waddy, who survives him. He dies at his house in Pembroke Street on April 13, 1871. He is buried in Mount Jerome Cemetery.