seamus dubhghaill

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


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The Funeral of Tom O’Higgins, Former Chief Justice of Ireland

The funeral of Tom O’Higgins, former Chief Justice of Ireland and Minister for Health, takes place at St. Patrick’s Church in Monkstown, County Dublin, on February 27, 2003. He died two days earlier in Dublin.

O’Higgins is described at his removal as a great Christian gentleman whose secular activities were outstanding both to his country and to Europe.

The chief mourners in St. Patrick’s Church are joined by the President of Ireland, Mary McAleese, and many representatives of the judiciary and politics. The mourners are led by his widow Terry, his children Tom, Geraldine, Michael, Barry, Kevin, Derval and Shane, his thirty grandchildren, his brother Michael and sister Rosaleen.

The parish priest, Father Maurice O’Moore, tells many hundreds in the congregation that O’Higgins and his wife had been regular worshippers at the church.

“Tom was a man of deep faith and his demeanour at prayer was an inspiration to me personally and to parishioners. I think of him this evening as a man of faith, as a man of prayer and a great Christian gentleman. His secular activities through his legal expertise were outstanding both to his country and to Europe,” he says.

Father O’Moore adds that many tributes had been paid to O’Higgins in the media, and everybody can be proud of the contribution he made as an Irishman through his religious faith, his sincerity and love of his country.

Father Bruce Bradley SJ, a friend of the family, gives a reading from the Gospel.

At the removal, Taoiseach Bertie Ahern is represented by his aide-de-camp, Captain Ger O’Grady.

Attending from the judiciary are the Chief Justice Ronan Keane, the former Chief Justice Thomas Finlay, and many former Supreme Court and High Court judges, including Séamus Henchy, Anthony J. Hederman, Séamus Egan, Kevin Lynch and Donal Barrington who, like O’Higgins, was also a judge on the European Court of Justice.

Also attending is Harry Hill SC, retired master of the High Court, Feargus Flood, chairman of the Flood Tribunal, as well many Supreme Court and High Court judges and barristers. The director-general of the Law Society, Ken Murphy, is also present, as are many solicitors.

The world of politics is well represented, particularly by members of the Fine Gael party, for which O’Higgins was a Teachta Dála (TD) and minister in the 1940s and 1950s.

Two former taoisigh, Garret FitzGerald and Liam Cosgrave, attend. Also present is the leader of the Fine Gael party, Enda Kenny, and Tom Hayes, chairman of the Parliamentary Party, as well as many party TDs and former deputies.

Maureen Lynch, widow of former Fianna Fail Taoiseach Jack Lynch, and Dessie O’Malley, the former Progressive Democrats leader, also attend.

Internment in Shanganagh Cemetery in south County Dublin follows the 11:00 a.m. funeral Mass.

(From: “A great Christian gentleman’ whose secular activities served State, Europe,” by Christine Newman, The Irish Times, http://www.irishtimes.com, February 27, 2003)


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Birth of Alan Shatter, Lawyer, Author & Fine Gael Politician

Alan Joseph Shatter, Irish lawyer, author and former Fine Gael politician who serves as Minister for Justice and Equality and Minister for Defence (2011-14), is born into a Jewish family in Dublin on February 14, 1951. He also serves as a Teachta Dála (TD) for the Dublin South constituency (1981-2002, 2007-16). He leaves Fine Gael in early 2018 and unsuccessfully contests the 2024 Irish general election as an independent candidate for Dublin Rathdown.

Shatter is the son of Reuben and Elaine Shatter, an English couple who meet by chance when they are both on holiday in Ireland in 1947. He is educated at The High School, Dublin, Trinity College Dublin (TCD) and the Europa Institute of the University of Amsterdam. In his late teens, he works for two months in Israel on a kibbutz. He is a partner in the Dublin law firm Gallagher Shatter (1977-2011). As a solicitor he acts as advocate in many seminal and leading cases determined both by the Irish High and Supreme Courts. He is the author of one the major academic works on Irish family law which advocates substantial constitutional and family law reform.

Shatter enters politics at the 1979 Irish local elections, winning a seat on Dublin County Council for the Rathfarnham local electoral area. He retains this seat until 1999, becoming a member of South Dublin County Council in 1994. He is first elected to Dáil Éireann in 1981 as a Fine Gael TD and is re-elected at each subsequent election until he loses his seat in the 2002 Irish general election. He is re-elected at the 2007 Irish general election.

Shatter is Fine Gael Front Bench spokesperson on Law Reform (1982, 1987–88), the Environment (1989–91), Labour (1991), Justice (1992–93), Equality and Law Reform (1993–94), Health and Children (1997–2000), Justice, Law Reform and Defence (2000–02), Children (2007–10) and Justice and Law Reform (2010–11).

On March 9, 2011, Shatter is appointed by Taoiseach Enda Kenny as both Minister for Justice and Equality and Minister for Defence.

Under Shatter’s steerage, a substantial reform agenda is implemented with nearly 30 separate pieces of legislation published, many of which are now enacted including the Personal Insolvency Act 2012, Criminal Justice Act 2011, DNA Database Act, and the Human Rights and Equality Commission Act.

Under Shatter’s guidance, major reforms are introduced in 2011 into Ireland’s citizenship laws and a new Citizenship Ceremony is created. He both devises and pilots Ireland’s first ever citizenship ceremony which takes place in June 2011 and a new inclusive citizenship oath which he includes in his reforming legislation. During his time as Minister, he clears an enormous backlog of citizenship applications, and 69,000 foreign nationals become Irish citizens. Some applications had lain dormant for 3 to 4 years. He introduces a general rule that save where there is some real complication, all properly made citizenship applications should be processed within a six-month period. He also takes steps to facilitate an increased number of political refugees being accepted into Ireland and creates a special scheme to facilitate relations of Syrian families already resident in Ireland who are either caught up in the Syrian civil war, or in refugee camps elsewhere as a result of the Syrian civil war, to join their families in Ireland.

Shatter enacts legislation before the end of July 2011 to facilitate access to financial documentation and records held by third parties in investigations into banking scandals and white-collar crime. The legislation is first used by the Gardaí in September 2011.

During Ireland’s Presidency of the Council of the European Union in 2013, Shatter chairs the Justice and Home Affairs Council (JHA) meetings and, in January 2013, in Dublin Castle, the meeting of EU Defence Ministers. Under his guidance, Ireland plays a more active role than in the past in EU defence matters and in deepening Ireland’s participation in NATO’s partnership for peace. During the Irish Presidency, substantial progress is made at the European Union level in the adoption and development of new legislation and measures across a broad range of Justice and Home Affairs issues.

Shatter implements substantial reform in the Department of Defence and restructures the Irish Defence Forces. He is a strong supporter of the Irish Defence Forces participation in international peacekeeping and humanitarian engagements and is an expert on the Middle East. As a member of the Irish Parliament and as Minister on many occasions, he visits Irish troops participating in United Nations (UN) missions in the Middle East. Under his watch contracts are signed for the acquisition of two new naval vessels with an option to purchase a third. All three naval vessels are now part of the Irish Naval Service and have been actively engaged in recent years in rescuing drowning refugees in the Mediterranean Sea attempting to enter Europe.

As Minister for Defence he enacts legislation to grant a pardon and an amnesty to members of the Irish Defence Forces who deserted during World War II to fight on the allied side against Nazi Germany and gives a state apology for their post-war treatment by the Irish State.

Shatter is the minister responsible for two amendments to the Constitution of Ireland which are passed in referendums: the Twenty-ninth Amendment in 2011 to allow for the reduction of judges’ pay, and the Thirty-third Amendment in 2013 to establish a Court of Appeal. Just prior to his resignation from government, the draft legislation to create the court is published and the court is established and sitting by October 2014.

The jurisdictions of the courts are extended for the first time in 20 years and the maximum civil damages payable for the emotional distress of bereaved relations following a negligent death is increased.

As a politician, Shatter plays a lead role in effecting much of the constitutional and legislative change he advocates. He is a former chairperson of FLAC (the Free Legal Advice Centres), a former chairperson of CARE, an organisation that campaigns for childcare and children’s legislation reform in the 1970s and a former President of the Irish Council Against Blood Sports.

Shatter is a founder member of the Irish Soviet Jewry Committee in 1970 and pioneers a successful all party Dáil motion on the plight of Soviet Jewry (1984) and visits various refuseniks in Moscow in 1985. He is a former chairperson of the Oireachtas Foreign Affairs Committee (1996-97) and initiates the creation of an Ireland/Israel Parliamentary Friendship group in 1997, leading a number of visits to Israel by members of the Dáil Éireann and Seanad Éireann.

Shatter is the author of the satirical book Family Planning Irish Style (1979), and the novel Laura (1989). In 2017 his biography, Life is a Funny Business, is published by Poolbeg Press and in 2019 Frenzy and Betrayal: The Anatomy of a Political Assassination is published by Merrion Press. In 2023, his book Cyril’s Lottery of Life, a comedic book with an English solicitor from a small town as its protagonist, is published.


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Birth of David Cook, Northern Ireland Solicitor & Politician

David Somerville Cook, English-born solicitor and politician, is born on January 25, 1944. He is a founding member of the nonsectarian, liberal-centre Alliance Party of Northern Ireland (APNI). He serves on Belfast City Council from 1973 to 1986, and in 1978 he becomes the first non-Unionist Lord Mayor of Belfast since 1898. He is elected as a member of the Northern Ireland Assembly of 1982 and serves on that body until its abolishment in 1986. He is appointed Chair of the Police Authority of Northern Ireland in 1994 and holds that position until his resignation from the role in 1996.

Cook is born to Francis John Granville Cook and Jocelyn McKay (née Stewart) in Leicester, England. As a child, he moves to Northern Ireland with his parents and sisters after his father is appointed headmaster of Campbell College in 1954.

Cook works as a solicitor, eventually becoming a senior partner at Sheldon and Stewart Solicitors.

In 1970, Cook is a founder member of the Alliance Party of Northern Ireland, a nonsectarian party, while he is elected to the party’s Central Executive in 1971.

Cook is elected to Belfast City Council in 1973, a position he holds until 1985. In 1978, he becomes the first non-Unionist Lord Mayor of Belfast since William James Pirrie, a Home Rule Liberal, in 1896–1898.

Cook stands for APNI in Belfast South in the February 1974 United Kingdom general election, taking just under 10% of the vote. He is able to improve to 27% of the vote at the 1982 Belfast South by-election. Following this, he wins a seat on the Northern Ireland Assembly representing Belfast South.

In the 1983 United Kingdom general election, 1986 Belfast South by-election and 1987 United Kingdom general election, Cook consistently wins over 20% of the votes cast in Belfast South. He also stands for Alliance in the 1984 European Parliament election but takes only 4% of the vote. From 1980 to 1984, he serves as the Deputy Leader of APNI.

In 1994, Cook becomes the Chairman of the Police Authority of Northern Ireland, but he is sacked from this role in 1996 after losing a vote of confidence. After a critical account of his role in an internal row in that authority appears in newspapers in 1998, he undertakes a lengthy libel case which is ultimately settled out of court. He subsequently sits on the Craigavon Health and Social Services Trust.

On September 20, 2020, it is announced that Cook has died after being diagnosed with COVID-19 during the pandemic. According to his family, he dies on September 19, 2020, at Craigavon Area Hospital. He had had a stroke two years earlier. He is survived by his wife Fionnuala, his sisters Alison and Nora, his daughter Barbary, his sons John, Patrick, Julius, and Dominic, and his granddaughters Romy and Imogen.


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Birth of Maurice Healy, Politician, Lawyer & Member of Parliament

Maurice Healy, Irish nationalist politician, lawyer and Member of Parliament (MP), is born in Bantry, County Cork, on January 3, 1859. As a member of the Irish Parliamentary Party (IPP), he is returned to the House of Commons of the United Kingdom of Great Britain and Ireland four times between 1885 and 1918.

Healy is one of twins, the third son born to Maurice, a Poor Law Union clerk, and Eliza (née Sullivan) Healy. His mother dies during the birth. It is said that the nurse places him in his brother Tim‘s arms and said, “This little boy has no mother now and you will have to be a mother to him.” As he grows up, he becomes very close to his elder brother. The orphaned children are effectively raised by their maternal grandmother, Jane Sullivan. The family moves to Lismore, County Waterford, where he is educated at the local Christian Brothers school. Both brothers marry Sullivans who are first cousins to their husbands and to each other.

Admitted as a solicitor in 1882, Healy practises as such and is returned to parliament four times, first as a member of the Irish Parliamentary Party for Cork City from 1885 to 1900, in which year standing as a Healyite nationalist he is defeated by William O’Brien in a bitter campaign. He is returned again for Cork City in May 1909 to January 1910.

In March 1910, Healy is returned to parliament representing North East Cork, this time as a supporter and member of William O’Brien’s All-for-Ireland League (AFIL) party. From the December 1910 United Kingdom general election until the 1918 United Kingdom general election, he again represents Cork City. He is generally considered one of the finest Irish lawyers of his generation, and exceptionally conscientious in his handling of a case.

Healy’s force in parliament is land law. He is a close confidant of his brother Tim and although more retiring and stolid than his better-known elder brother, he is considered the more intelligent and often acts as a counterbalance to his brother’s emotionality. On the outbreak of World War I in 1914 a son of each enlists in one of the Irish Divisions.

Healy’s uncle, Timothy Daniel Sullivan, is also a member of parliament, as is his oldest brother, Thomas Joseph Healy and father-in-law Alexander Martin Sullivan. His son, also called Maurice (1887-1943), educated at Clongowes Wood College stands unsuccessfully as an AFIL candidate for West Waterford in December 1910, is a regular contributor (including much satirical verse) to the O’Brienite Cork Free Press.

Maurice (junior) moves to England after the founding of the Irish Free State where he is both a successful lawyer and a broadcaster for the BBC during the early years of World War II. He writes the well-known legal memoir The Old Munster Circuit and the popular Stay Me with Flagons: A Book about Wine and Other Things.

Healy dies at home in Temple Hill, Ballintemple, Cork, County Cork, on November 9, 1923, and is buried in St. Joseph’s Cemetery.


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Birth of Mary Irvine, First Female President of the High Court

Mary Irvine, Irish judge who is the President of the Irish High Court between 2020 and 2022, is born on December 10, 1956, in Clontarf, Dublin. She first practiced as a barrister. She is a judge of the High Court between 2007 and 2014, a judge of the Court of Appeal from 2014 to 2019 and serves as a judge of the Supreme Court of Ireland from May 2019 until becoming President of the High Court on June 18, 2020. In addition to being the first woman to hold that position, she is the first judge to have held four judicial offices. She is an ex officio member of the Supreme Court and the Court of Appeal.

Irvine is born to John and Cecily Irvine, her father once being deputy director of RTÉ. She is educated at Mount Anville Secondary School, University College Dublin (UCD) and the King’s Inns. She is an international golf player, winning the Irish Girls Close Championship in 1975.

Irvine is called to the Bar in 1978 and becomes a Senior Counsel in 1996. She is the secretary of the Bar Council of Ireland in 1992. She is elected a Bencher of the King’s Inns in 2004.

Irvine specialises in medical law, appearing in medical negligence cases on behalf of and against health boards in actions. She is a legal advisor to an inquiry into deposit interest retention tax (DIRT) conducted by the Public Accounts Committee, along with future judicial colleagues Frank Clarke and Paul Gilligan. She represents the Congregation of Christian Brothers at the Commission to Inquire into Child Abuse.

Irvine’s practice also extends to constitutional law. As a junior counsel, she represents the plaintiff in Cahill v. Sutton in 1980 in the Supreme Court with seniors Niall McCarthy and James O’Driscoll. The case establishes the modern Irish law of standing for applicants to challenge the constitutional validity of statutes. She appears with Peter Kelly to argue on behalf the right of the unborn in a reference made by President of Ireland Mary Robinson under Article 26 of the Constitution to the Supreme Court in 1995 regarding the Information (Termination of Pregnancies) Bill 1995.

Irvine is appointed as a Judge of the High Court in June 2007. She is in charge of the High Court Personal Injuries list from 2009 to 2014 and subsequently becomes the second Chair of the Working Group on Medical Negligence and Periodic Payments, established by the President of the High Court.

Irvine is appointed to Court of Appeal on its establishment in October 2014. Some of her judgments on the Court of Appeal reduce awards given by lower courts for personal injuries compensation. She writes “most of the key” Court of Appeal judgments between 2015 and 2017 which have the effect of reducing awards arising from subsequent actions in the High Court.

Irvine is appointed to chair a statutory tribunal to conduct hearings and deal with cases related to the CervicalCheck cancer scandal in 2019. However, following her appointment as President of the High Court in 2020, she is unable to continue with the position.

On April 4, 2019, Irvine is nominated by the Government of Ireland as a Judge of the Supreme Court. She is appointed by the President of Ireland, Michael D. Higgins, on May 13, 2019. She writes decisions for the court in appeals involving planning law, the law of tort, intellectual property law, judicial review, and chancery law.

Irvine is appointed by Chief Justice Frank Clarke in 2019 to chair the Personal Injuries Guidelines Committee of the Judicial Council. The purpose of the committee is to review the levels of compensation issues in court cases arising out of personal injuries. Minister of State at the Department of Finance Michael W. D’Arcy writes a letter to congratulate her on her appointment and outlines his views that personal injuries awards in Ireland should be “recalibrated.” She responds to the letter by saying it is the not the committee’s duty to tailor its findings “in a manner favourable to any particular interest group.”

Following a cabinet meeting on June 12, 2020, it is announced that Irvine will be nominated to succeed Peter Kelly as President of the High Court. A three-person panel consisting of the Chief Justice Frank Clarke (later substituted by George Birmingham), the Attorney General Séamus Woulfe and a management consultant, Jane Williams, reviews applications for the position, before making recommendations to cabinet. The President of the Law Society of Ireland welcomes her appointment, describing her as an “outstandingly able judge.” She is the first woman to hold the role. As she is previously an ordinary judge of three courts, her appointment as President of the High Court makes her the first person to have held four judicial offices. She is appointed on June 18, 2020, and makes her judicial declaration on June 19.

Irvine takes over as president in the midst of the COVID-19 pandemic in the Republic of Ireland. She issues guidelines for lawyers to negotiate personal injuries cases outside of court due to the backlog formed by delays in hearings. She issues a practice direction in July 2020 that face coverings are to be worn at High Court hearings. She criticises barristers and solicitors in October 2020 for not wearing masks in the Four Courts.

In Irvine’s first week as president, she presides over a three-judge division of the High Court in a case taken by a number of members of Seanad Éireann. The plaintiffs seek a declaration that the Seanad should sit even though the nominated members of Seanad Éireann have not been appointed. The court refuses the relief and finds for the State. In 2021, she also presides over a three-judge division on a Seanad Éireann voting rights case, where the plaintiff argues for the extension of voting rights to graduates of all third-level educational institutions and the wider population. The court finds against the plaintiff.

Irvine continues to sit in the Supreme Court following her appointment.

In April 2022, Irvine announces her intention to retire in July 2022. She retires on July 13, 2022, and is succeeded by David Barniville.

Irvine is formerly married to retired judge Michael Moriarty, with whom she has three children. Her only known son, Mark Moriarty, dies suddenly on August 19,2022.

(Pictured: Justice Mary Irvine with the President of Ireland, Michael D. Higgins, on her appointment on the Supreme Court in 2019)


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Death of Henry Armstrong, Politician & Member of Parliament

Henry Bruce Wright Armstrong, Northern Irish barrister, politician and Unionist Member of Parliament (MP) for Mid Armagh from June 1921 until 1922, dies on December 4, 1943.

Born on July 27, 1844, at Hull House, Sholden, Kent, England, Armstrong is the second surviving son of William Jones Wright Armstrong, Justice of the Peace (JP), Deputy Lieutenant and High Sheriff of Armagh, and Frances Elizabeth, widow of Sir Michael McCreagh, and daughter of Major Christopher Wilson. He is educated at The Royal School, Armagh, and Trinity College, Cambridge, gaining a BA (2nd Class Law Tripos) in 1867 and an MA in 1870. He is called to the English bar (Inner Temple) in 1868. He practises in England for four years. During this period, he also travels widely in Europe, the East, and the Far East, witnessing the last of the German army leave France after the Franco–Prussian War (1870–71) and acting as a copy carrier for The Daily News while in Metz in 1873.

Known principally for his contribution to Ulster politics at local level, Armstrong serves as JP and is appointed High Sheriff of Armagh for 1875 and High Sheriff of Longford for 1894. He is a County Councillor for Armagh from 1899 to 1920, and a Member of the Irish Convention in 1917–18. Vice-Lieutenant of County Armagh in 1920, he is a Senator of Queen’s University Belfast from 1920 to 1937.

Armstrong is returned unopposed to the Imperial House of Commons for Mid-Armagh in the 1921 Mid Armagh by-election, at the advanced age of 76, becoming one of the oldest first-time MPs whose birth date is recorded. Certainly, he immediately becomes the oldest member of the current House of Commons. He is a Senator of Northern Ireland from 1921 to 1937, and Lord Lieutenant of Armagh from 1924 to 1939. For twenty-five years he is a member of the Representative Body of the Church of Ireland. He is Chairman of the County Armagh Education Committee from 1925 to 1931, and President of the Association of Education Committees of Northern Ireland. In 1932, he is made a Privy Councillor for Northern Ireland, and in 1938 he serves as a Justice for the Government of Northern Ireland in the absence of the Governor.

In his later years, Armstrong provides financial support for Jewish refugees fleeing Nazi-occupied Europe.

In 1883, Armstrong marries Margaret Leader, daughter of William Leader of Rosnalea, County Cork. They have five sons and three daughters, of whom C. W. Armstrong also becomes a politician.

Armstrong dies at his home in Dean’s Hill, Armagh, on December 4, 1943, at the age of 99 years.


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Death of Thomas Addis Emmet, Lawyer & Politician

Thomas Addis Emmet, Irish and American lawyer and politician, dies at his home in New York on November 14, 1827, following a seizure while in court. He is a senior member of the revolutionary republican group Society of United Irishmen in the 1790s and Attorney General of New York 1812–1813.

Emmett is born in the Hammond’s Marsh area of Cork, County Cork, on April 24, 1764, the son of Dr. Robert Emmet from County Tipperary (later to become State Physician of Ireland) and Elizabeth Mason of County Kerry, both of whose portraits are today displayed at Cork’s Crawford Art Gallery. He is the elder brother of Robert Emmet, who is executed for leading the Irish Rebellion of 1803, becoming one of Ireland’s most famous republican martyrs. His sister, Mary Anne Holmes, holds similar political beliefs.

Emmet is educated at Trinity College, Dublin and is a member of the committee of the College Historical Society. He later studies medicine at the University of Edinburgh and is a pupil of Dugald Stewart in philosophy. After visiting the chief medical schools on the continent, he returns to Ireland in 1788. However, the sudden death of his elder brother, Christopher Temple Emmet (1761–1788), a student of great distinction, induces him to follow the advice of Sir James Mackintosh to forsake medicine for the law as a profession.

Emmet is a man of liberal political sympathies and becomes involved with a campaign to extend the democratic franchise for the Irish Parliament and to end discrimination against Catholics. He is called to the Irish bar in 1790 and quickly obtains a practice, principally as counsel for prisoners charged with political offenses. He also becomes the legal adviser of the Society of the United Irishmen.

When the Dublin Corporation issues a declaration of support of the Protestant Ascendancy in 1792, the response of the United Irishmen is their nonsectarian manifesto which is largely drawn up by Emmet. In 1795 he formally takes the oath of the United Irishmen, becoming secretary in the same year and a member of the executive in 1797. As by this time the United Irishmen had been declared illegal and driven underground, any efforts at peaceful reform of government and Catholic emancipation in Ireland are abandoned as futile, and their goal is now the creation of a non-sectarian Irish republic, independent from Britain and to be achieved by armed rebellion. Although Emmet supports this policy, he believes that the rebellion should not commence until French aid has arrived, differing from more radical members such as Lord Edward FitzGerald.

British intelligence infiltrates the United Irishmen and manages to arrest most of their leaders on the eve of the rebellion. Though not among those taken at the house of Oliver Bond on March 12, 1798, Emmet is arrested about the same time and is one of the leaders imprisoned initially at Kilmainham Gaol and later in Scotland at Fort George until 1802. Upon his release he goes to Brussels where he is visited by his brother Robert in October 1802 and is informed of the preparations for a fresh rising in Ireland in conjunction with French aid. However, at that stage France and Britain are briefly at peace, and the Emmets’ pleas for help are turned down by Napoleon.

Emmet receives news of the failure of his brother’s rising in July 1803 in Paris, where he is in communication with Napoleon. He then emigrates to the United States and joins the New York bar where he obtains a lucrative practice.

After the death of Matthias B. Hildreth, Emmet is appointed New York State Attorney General in August 1812 but is removed from office in February 1813 when the opposing Federalist Party obtains a majority in the Council of Appointment.

Emmet’s abilities and successes become so acclaimed, and his services so requested that he becomes one of the most respected attorneys in the nation, with United States Supreme Court Justice Joseph Story declaring him to be “the favourite counsellor of New York.” He argues the case for Aaron Ogden in the landmark United States Supreme Court case of Gibbons v. Ogden, 22 U.S. 1 (1824) relating to the Commerce and Supremacy clauses of the United States Constitution.

Emmet dies on November 14, 1827, while conducting a case in court regarding the estate of Robert Richard Randall, the founder of Sailors’ Snug Harbor, a home for needy seamen in Staten Island, New York. He is buried in St. Mark’s Church in-the-Bowery churchyard in the East Village, New York City, where a large white marble monument marks his grave.


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Death of Alexander Sullivan, Politician, Barrister & Journalist

Alexander Martin Sullivan, Irish Nationalist politician, barrister, and journalist, dies in Rathmines, Dublin, on October 17, 1884.

Sullivan, the second of six sons of Daniel Sullivan, house painter, and his wife, Catherine (née Baylor), a teacher, is born on May 15, 1829, in Bantry, County Cork. A popular date for Sullivan’s birth appears in many histories as 1830, but his gravestone reads 1829. He is educated in the local national school. One of his brothers is Timothy Daniel Sullivan, the Lord Mayor of Dublin from 1886 to 1888.

During the Great Famine of 1845 to 1847, Sullivan is employed as a clerk in connection with the relief works started by the government. Deeply influenced by the distress he witnesses, he afterward joins the Confederate Club formed in Bantry in support of the revolutionary movement of the Young Irelanders and is the organiser of the enthusiastic reception given by the town to William Smith O’Brien in July 1848 during the insurgent leader’s tour of the southern counties. Early in 1853, he goes to Dublin to seek employment as an artist. An exhibition of the arts and industries of Ireland is held in Dublin that year, and he is engaged to supply pencil sketches to the Dublin Expositor, a journal issued in connection with the exhibition. Subsequently, he obtains a post as a draughtsman in the Irish valuation office, and afterward as a reporter on the Liverpool Daily Post.

In 1855, Sullivan becomes assistant editor of The Nation, and subsequently editor and proprietor. From 1861 to 1884, in conjunction with his elder brother, T. D. Sullivan, he makes The Nation one of the most potent factors in the Irish Nationalist cause and also issues the Weekly News and Zozimus. Called to the Irish bar in 1876, he is a “special call” of the Inner Temple in 1877 and is made QC in 1881. He mainly practices at the English bar, though he acts in some political cases in Ireland.

At the 1874 United Kingdom general election Sullivan is elected as Member of Parliament (MP) for County Louth, but although he does not formally resign, he does not take his seat. At the general election in April 1880, he is again returned for County Louth, but this time formally resigns from the Commons on May 18, 1880. However, Charles Stewart Parnell is elected for both Cork City and for Meath and chooses to sit for Cork City. At the resulting by-election on May 20, 1880, Sullivan is returned unopposed to fill the vacancy in Meath. Following the development of a severe heart condition, he nearly dies after a heart attack in mid-August 1881. He holds his seat until his resignation on February 3, 1882. He then concentrates on his work at the parliamentary bar.

As a member of the Dublin Corporation, Sullivan secures a magnificent site for the Grattan Monument, toward which he donates £400, the amount of a subscription by his admirers while he is undergoing imprisonment for a political offence in 1868. The monument is formally unveiled in January 1876. Between 1878 and 1882 he is engaged in many notable trials. His last great case is on November 30, 1883, when he is a colleague of Lord Russell in the defence of Patrick O’Donnell for the murder of James Carey, an informer.

Sullivan suffers another heart attack while on holiday in Bantry in September 1884 and spends his last days with William Martin Murphy at Dartry, County Dublin. Murphy regards him as a father figure, attributing his success to Sullivan’s early advice and journalistic training. Sullivan dies on October 17, 1884, at Dartry Lodge, Rathmines, Dublin. He is buried at Glasnevin Cemetery. With his wife, Frances Genevieve Donovan, whom he marries on April 27, 1861, and who outlives him by nearly forty years, he has a family of three sons and five daughters. His second son and namesake, Alexander Martin Sullivan, is the last to hold the rank of Serjeant-at-law (Ireland).

In addition to his labours, Sullivan is a great temperance reformer. He also writes two notable books, The Story of Ireland and New Ireland and contributes many sketches (including some verse) to Irish Penny Readings (1879–85). Some of his correspondence is located in the Isaac Butt papers in the National Library of Ireland.


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Death of Sir James Shaw Willes

Sir James Shaw Willes, a judge of the English Court of Common Pleas, kills himself at his residence near Watford, Hertfordshire, England, on October 2, 1872, while suffering a nervous breakdown.

Willes is born on February 13, 1814, in Cork, County Cork, the eldest among six children of James Willes, physician, and his wife, Elizabeth Aldworth, daughter of John Shaw, mayor of Cork in 1792. Educated at Dr. Porter’s school in Cork and Trinity College Dublin (TCD), he graduates BA in 1836, having entered the King’s Inns the previous year. In 1837, he goes to London and joins the Inner Temple as a pupil of the noted barrister Thomas Chitty (1802–78), in whose chambers he remains as a salaried assistant and special pleader before being called to the English bar on June 12, 1840. The Willes and Chitty families are connected, and James’s younger sister, Mary, later marries Thomas Chitty’s son.

Willes joins the home circuit, though his practice is chiefly in London in mercantile and maritime law. A leading junior in the Court of Exchequer, he holds the post of tubman from 1851, an honorary position in the gift of the Lord Chief Baron. Known for his erudition, he is persuaded to edit, with Sir Henry Singer Keating, the third and fourth editions of John William Smith‘s Leading Cases (1849, 1856). In 1850, his reputation is such that he is appointed one of the commissioners to draft the common law procedure bill (1854) and is credited with having effected most of the reform therein. On July 3, 1855, he is appointed judge of the Court of Common Pleas, though he has not yet taken silk and is only 41, the youngest lawyer but one to have been appointed to the bench since 1778.

A classical scholar and linguist who knows oriental as well as European languages, who travels widely, loves poetry, and frequents literary men, and whose judgments are clear and philosophical, Willes is accounted among the best common law judges of his day, and is celebrated for the simplicity and lucidity of his style. Notable judgments include Esposito v. Bowden (1857), which lays down that the force of a declaration of war is equal to that of an act of parliament prohibiting commercial transactions with the enemy. In the law of torts, he gives an oft-cited judgment in the case of Indermaur v. Dames (1866), which has been accepted almost as statutory, on the liability of the occupier of a building for the safety of a visitor. In 1868, as one of the first judges appointed to try election petitions, he lays down the rules of practice generally followed afterward. A strong British patriot, he serves in the Inns of Court Volunteers from 1859 until shortly before his death.

On November 3, 1871, Willes is sworn of the privy council. However, his health has deteriorated through overwork and an emotional temperament, and he has long suffered heart disease and gout. In August 1872, after a heavy assize at Liverpool, he returns to his house, Otterspool, Watford, Hertfordshire, and succumbs to a nervous breakdown, which leads to his shooting himself on October 2, 1872. He is buried on October 7 at Brompton Cemetery in London. He is survived fifteen years by his wife, Helen, daughter of Thomas Jennings of Cork, whom he married on May 17, 1856. There have no children.

A tall, reserved man, with a prominent nose and sad eyes, Willes has great affection for children and animals and is singularly emotional. He is known to return to his room and shed tears before passing sentence on a criminal. He never loses his Irish accent. His marriage is allegedly unhappy, as he had been forced into it after he had fallen out of love. Sir Frederick Pollock (1845–1937), author of the magisterial History of English Law before the Time of Edward I and sometime marshal to Willes, dedicates to him his first textbook on torts in 1879, writing that he was “one of those whose knowledge is radiant and kindles answering fire.” A century later, A. W. B. Simpson maintains that “his reputation as a jurist will last as long as the law reports of England are read.”

(From: “Willes, Sir James Shaw” by Bridget Hourican, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Birth of Thomas Finlay, Judge, Politician & Barrister

Thomas Aloysius Finlay, Irish judge, politician and barrister, is born on September 17, 1922, in Blackrock, Dublin. He serves as a Teachta Dála (TD) for the Dublin South-Central constituency from 1954 to 1957, a Judge of the High Court from 1971 to 1985, President of the High Court from 1974 to 1985 and Chief Justice of Ireland and a Judge of the Supreme Court from 1985 to 1994.

Finlay is the second son of Thomas Finlay, a politician and senior counsel whose career is cut short by his early death in 1932. He is educated at Clongowes Wood College, University College Dublin (UCD) and King’s Inns. While attending UCD, he is elected Auditor of the University College Dublin Law Society. His older brother, William Finlay, serves as a governor of the Bank of Ireland.

Finlay is called to the Bar in 1944, practicing on the Midlands circuit and becomes a senior counsel in 1961.

Finlay is elected to Dáil Éireann as a Fine Gael TD for the Dublin South-Central constituency at the 1954 Irish general election. He loses his seat at the 1957 Irish general election.

Following his exit from politics in 1957, having lost his Dáil seat, Finlay resumes practicing as a barrister. He successfully defends Captain James Kelly in the infamous 1970 arms trial.

In 1971, Finlay is tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill treatment of detainees by security forces in Northern Ireland, they charge the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission rules the complaint admissible.

Finlay is subsequently appointed a High Court judge and President of the High Court in January 1974. In 1985, Taoiseach Garret FitzGerald and his government nominates him to the Supreme Court and to the office of Chief Justice of Ireland. On October 10, 1985, he is appointed by President Patrick Hillery to both roles.

During this period Finlay presides over a number of landmark cases, including Attorney General v X in 1992, when he overturns a High Court injunction preventing a pregnant teenage rape victim travelling to the UK for an abortion.

When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, seeks disclosure of the cabinet’s minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court deny the request ruling that the concept of collective government responsibility in the Constitution takes precedence.

Finlay announces his resignation as Chief Justice of Ireland and retirement as a judge in 1994.

After his retirement, Finlay presides over a number of public inquiries.

In 1996, Finlay oversees the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road. His report to Bernard Allen, Minister for Sport, is critical of security arrangements on the night and recommends improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shares his report with the British Home Office.

After the collapse of The Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton, receives a damming report from the Competition Authority that Independent Newspapers has abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in The Irish Press. In September 1995, Bruton announces the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland. Minister Bruton appoints 21 people to the commission and appoints Finlay chair. Due to the wide remit and huge number of submissions, the commission’s report is delayed but is eventually published at the end of July recommending widespread reforms.

Following the discovery of the BTSB anti-D scandal, in 1996, Finlay is appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board. The speed and efficiency with which his BTSB Tribunal conducts its business, restores confidence in the Tribunal as a mechanism of resolving great controversies in the public interest.

Finlay also sits on an Irish Rugby Football Union (IRFU) panel to adjudicate on the cases of Rugby players accused of using banned performance-enhancing substances.

Finlay is married to Alice Blayney, who predeceases him in 2012. They have five children, two of whom follow in his family’s legal tradition: his son John being a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allows, he escapes to County Mayo where he indulges his passion for fishing.

Thomas Finlay dies at the age of 95 in Irishtown, Dublin, on December 3, 2017.