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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.


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Birth of Brian Hutton, Lord Chief Justice of Northern Ireland

James Brian Edward Hutton, Baron Hutton, PC, a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary, is born in Belfast, Northern Ireland, on June 29, 1932.

Hutton is the son of a railways executive. He wins a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to study at Queen’s University Belfast and becoming a barrister, being called to the Bar of Northern Ireland in 1954. He begins working as junior counsel to the Attorney General for Northern Ireland in 1969.

Hutton becomes a Queen’s Counsel in 1970. From 1979 to 1989, as Sir Brian Hutton, he is a High Court judge. In 1989, he becomes Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary on January 6, 1997. He is consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down.

On March 30, 1994, as Lord Chief Justice of Northern Ireland, Hutton dismisses Private Lee Clegg‘s appeal against his controversial murder conviction. On March 21, 2002 he is one of four Law Lords to reject David Shayler‘s application to use a “public interest” defence as defined in section 1 of the Official Secrets Act 1989 at his trial.

Hutton represents the Ministry of Defence at the inquest into the killing of civil rights marchers on “Bloody Sunday.” Later, he publicly reprimands Major Hubert O’Neil, the coroner presiding over the inquest, when the coroner accuses the British Army of murder, as this contradicts the findings of the Widgery Tribunal.

Hutton also comes to public attention in 1999 during the extradition proceedings of former Chilean dictator General Augusto Pinochet. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords, the UK’s highest court, decide by a 3-2 majority that Pinochet is to be extradited to Spain. The verdict is then overturned by a panel of seven Law Lords, including Hutton, on the grounds that Lord Lennie Hoffmann, one of the five Law Lords, has links to human rights group Amnesty International which had campaigned for Pinochet’s extradition.

In 1978, Hutton defends the UK at the European Court of Human Rights in the case of Ireland v United Kingdom, when the court decides that the interrogation techniques used were “inhuman and degrading” and breached the European Convention on Human Rights, but do not amount to “torture.” The court also finds that the practice of internment in Northern Ireland had not breached the Convention. He sentences ten men to 1,001 years in prison on the word of “supergrass” informer Robert Quigley, who is granted immunity in 1984.

Hutton is appointed by Tony Blair‘s government to chair the inquiry on the circumstances surrounding the death of scientist David Kelly. The inquiry commences on August 11, 2003. Many observers are surprised when he delivers his report on January 28, 2004 and clears the British Government in large part. His criticism of the BBC is regarded by some as unduly harsh with one critic commenting that Hutton had given the “benefit of judgement to virtually everyone in the government and no-one in the BBC.” In response to the verdict, the front page of The Independent newspaper consists of one word, “Whitewash?”

Peter Oborne writes in The Spectator in January 2004: “Legal opinion in Northern Ireland, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton’s fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA terrorist suspects when he was a judge in the Diplock era.”

Hutton retires as a Law Lord on January 11, 2004. He remains a member of the House of Lords until retiring under the House of Lords Reform Act 2014 on April 23, 2018.

Hutton dies at the age of 88 on July 14, 2020.


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Death of Fionán Lynch, Revolutionary, Barrister, Politician & Judge

Fionán (Finian) Lynch, Irish revolutionary, barrister, politician and judge, dies on June 3, 1966, in Dartry, a small suburb of Dublin.

Lynch is born on March 17, 1889, in Cahersiveen, County Kerry, the fourth son of Finian Lynch of Kilmakerin, Cahersiveen, a national teacher, and Ellen Maria Lynch (née McCarthy). Educated at St. Brendan’s College, Killarney, Rockwell College, County Tipperary, and Blackrock College, Dublin. He has plans to study medicine, but in 1907, when he is 18 years old, his father dies, and he does not have the money to pursue this career path. He becomes a teacher in Swansea, south Wales, where he forms a branch of the Gaelic League and teaches the Irish language.

Lynch returns to Ireland in 1909, where he starts training as a teacher in St Patrick’s College, Dublin. He graduates in 1911 as a primary school teacher. In April 1912 he begins working as a national schoolteacher at St. Michan’s School, Dublin, becomes an active member of the Keating branch of the Gaelic League, and is recruited into the Irish Republican Brotherhood (IRB) by Seán Mac Diarmada. He also joins the Irish Volunteers in 1913, and becomes captain of F Company, 1st Battalion, Dublin Brigade. With Piaras Béaslaí he founds Na hAisteoirí, a drama company dedicated to the production of plays in Irish, with many of its members fighting during the 1916 Easter Rising. In the months before the rising Lynch temporarily stands down from the Volunteers after his school manager tells him he will be sacked if he does not. Learning that a rising was imminent, he rejoins the Volunteers, and over the Easter weekend commands the detachment that guards Bulmer Hobson to prevent him from interfering with Volunteer mobilisation. During the rising he is involved in heavy fighting in the North King Street area and is subsequently imprisoned.

Held at Lewes Prison, Lynch is released under the general amnesty. In August 1916 he is reimprisoned for making an inflammatory speech, and in September leads the Mountjoy Prison hunger strike with Austin Stack and Thomas Ashe. He is released in November following a further hunger strike at Dundalk prison. He is imprisoned again in May 1918 on the same charge during the ‘German Plot’ allegations and is released in August 1919, after which he helps to plan the escape of other prisoners.

Elected a Sinn Féin TD for South Kerry in December 1918 and for Kerry–Limerick West in May 1921, Lynch serves as assistant secretary to the Anglo-Irish Treaty delegation in London (October–December 1921), where he is largely responsible for organising the living arrangements at the two Irish headquarters. A supporter of the treaty, he addresses Pro-Treaty rallies with Michael Collins, and from January to August 1922 is Minister for Education with the Provisional Government, at the same time as Michael Hayes is Minister for Education for Dáil Éireann. Possible conflict is avoided by the pragmatic division of duties, under which Hayes takes responsibility for intermediate and higher education, and Lynch for primary education. It is also left for Lynch to clarify the relationship between the new Provisional Government and the board of commissioners of intermediate education, which is not abolished until 1923. These developments, however, are overshadowed by the beginning of the Irish Civil War, where military considerations take precedence over civic responsibilities.

Required to serve in the army, in July 1922 Lynch is appointed a vice-commandant of the south-western division with the rank of commandant-general, commanding a unit of Dublin soldiers in County Kerry, where on occasion he has to endure being ambushed, leading a fellow commandant to note ironically that his constituents do not seem to think much of him. However, the reluctance of former colleagues to attack him possibly ensure his survival during the war. Frank Henderson of Dublin’s No. 1 brigade of the Irish Republican Army (IRA) tells Ernie O’Malley of his reluctance to become involved in reprisal shootings after Free State executions, commenting, “I didn’t like that order. I could have shot Eamonn Duggan and Fionán Lynch, for they went home every night drunk, but I left them alone.”

After the Irish Civil War Lynch is elected a Cumann na nGaedheal TD for Kerry, a seat he holds until 1937, after which he represents the constituency of Kerry South (1937–44). He serves as Minister for Fisheries (1922–28) and Minister for Lands and Fisheries (1928–32) and retains his interest in education. He supports the Irish National Teachers‘ Organisation policy on the Irish language during the 1920s, commenting that he is entirely opposed to attempting to teach subjects through Irish where Irish is not the known language.

In 1931 Lynch qualifies as a barrister. After Fianna Fáil comes to power and during the rise of the Blueshirts he speaks at public meetings with Eoin O’Duffy, and they are attacked by a crowd in Tralee in October 1933. After the fall of O’Duffy and the reorganisation of Fine Gael, W. T. Cosgrave appoints a front bench designed to represent the various groups in the party, which witness former ministers, including Desmond FitzGerald, Patrick Hogan, and Lynch, relegated to the back benches. Lynch serves as Leas-Cheann Comhairle of the Dáil (1938–39). Having built up a legal practice, he retires from politics in October 1944 and is subsequently appointed a circuit court judge in the north-west district, retiring from the bench in 1959.

Lynch dies suddenly at his home in Dartry, County Dublin, on June 3, 1966, shortly after celebrating the 50th anniversary of the Easter Rising. He is survived by his wife Brighid (née Slattery), a native of Tralee, and by their five sons and one daughter. His papers are on permanent loan to Kerry County Library archives.

(From: “Lynch, Fionán (Finian)” by Diarmaid Ferriter, Dictionary of Irish Biography, http://www.dib.ie)


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Birth of Timothy Michael Healy, Politician, Journalist, Author & Barrister

Timothy Michael “Tim” Healy, Irish nationalist politician, journalist, author, barrister, and one of the most controversial Irish Members of Parliament (MPs) in the House of Commons of the United Kingdom of Great Britain and Ireland, is born in Bantry, County Cork on May 17, 1855.

Healy is the second son of Maurice Healy, clerk of the Bantry Poor Law Union, and Eliza Healy (née Sullivan). His elder brother, Thomas Healy (1854–1924), is a solicitor and Member of Parliament (MP) for North Wexford and his younger brother, Maurice Healy (1859–1923), with whom he holds a lifelong close relationship, is a solicitor and MP for Cork City.

Healy’s father is transferred in 1862 to a similar position in Lismore, County Waterford. He is educated at the Christian Brothers school in Fermoy, and is otherwise largely self-educated, in 1869, at the age of fourteen, he goes to live with his uncle Timothy Daniel Sullivan in Dublin.

Healy then moves to England in 1871, working first as a railway clerk and then from 1878 in London as parliamentary correspondent of The Nation, writing numerous articles in support of Charles Stewart Parnell, the newly emergent and more militant home rule leader, and his policy of parliamentary obstructionism. Healy takes part in Irish politics and becomes associated with Parnell and the Irish Parliamentary Party. After being arrested for intimidation in connection with the Irish National Land League, he is promptly elected as member of Parliament for Wexford Borough in 1880.

In Parliament, Healy becomes an authority on the Irish land question. The “Healy Clause” of the Land Law (Ireland) Act 1881, which protects tenant farmers’ agrarian improvements from rent increases imposed by landlords, not only makes him popular throughout nationalist Ireland but also wins his cause seats in Protestant Ulster. He breaks with Parnell in 1886 and generally remains at odds with subsequent leaders of the Irish Parliamentary Party, though he is a strong supporter of proposals for Irish Home Rule. Meanwhile, he is called to the Irish bar in 1884 and becomes a queen’s counsel in 1899.

Dissatisfied with both the Liberals and the Irish Nationalists after the Easter Rising in 1916, Healy supports Sinn Féin after 1917. He returns to considerable prominence in 1922 when, on the urging of the soon-to-be Irish Free State‘s Provisional Government of W.T. Cosgrave, the British government recommends to King George V that Healy be appointed the first “Governor-General of the Irish Free State,” a new office of representative of the Crown created in the 1921 Anglo-Irish Treaty and introduced by a combination of the Irish Free State Constitution and Letters Patent from the King.

Healy believes that he has been awarded the Governor-Generalship for life. However, the Executive Council of the Irish Free State decides in 1927 that the term of office of Governors-General will be five years. As a result, he retires from the office and public life in January 1928 and publishes his extensive two volume memoirs later in that year. Throughout his life he is formidable because he is ferociously quick-witted, because he is unworried by social or political convention, and because he knows no party discipline. Towards the end of his life, he becomes more mellowed and otherwise more diplomatic.

Healy dies on March 26, 1931, at the age of 75, in Chapelizod, County Dublin. He is buried in Glasnevin Cemetery in Dublin.


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”


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Birth of Hugh Holmes, MP & Judge of the Court of Appeal in Ireland

Hugh Holmes QC, an Irish Conservative Party, then after 1886 a Unionist Member of Parliament (MP) in the Parliament of the United Kingdom and subsequently a Judge of the High Court and Court of Appeal in Ireland, is born in Dungannon, County Tyrone, on February 17, 1840.

Holmes is the son of William Holmes of Dungannon and Anne Maxwell. He attends the Royal School Dungannon and Trinity College, Dublin. He is called to the English bar in 1864 and to the Bar of Ireland in 1865.

Holmes becomes a Queen’s Counsel (QC) in 1877. He is appointed Solicitor-General for Ireland on December 14, 1878, and serves until the Conservative government is defeated in 1880. He becomes Attorney-General for Ireland in 1885–1886 and 1886–1887. He is made a member of the Privy Council of Ireland on July 2, 1885. He is a MP for Dublin University from 1885 to 1887.

Holmes resigns from the House of Commons when he is appointed a Judge in 1887. He is a Justice of the Common Pleas division of the High Court of Justice in Ireland until 1888 when he becomes a Justice of the Queen’s Bench division. He is promoted to be a Lord Justice of Appeal in 1897. Ill health causes his retirement in 1914.

Holmes appears to be a stern judge, who does not suffer fools gladly and often imposes exceptionally severe sentences in criminal cases. Although the story is often thought to be apocryphal, Maurice Healy maintains that Holmes did once sentence a man of great age to 15 years in prison, and when the prisoner pleaded that he could not do 15 years, replied “Do as much of it as you can.” His judgments do however display some good humour and humanity, and the sentences he imposes often turned out to be less severe in practice than those he announces in Court.

The quality of his judgments is very high and Holmes, together with Christopher Palles and Gerald FitzGibbon, is credited with earning for the Irish Court of Appeal its reputation as perhaps the strongest tribunal in Irish legal history. His retirement, followed by that of Palles (FitzGibbon had died in 1909), causes a loss of expertise in the Court of Appeal from which its reputation never recovers. Among his more celebrated remarks is that the Irish “have too much of a sense of humour to dance around a maypole.” His judgment in The SS Gairloch remains the authoritative statement in Irish law on the circumstances in which an appellate court can overturn findings of fact made by the trial judge.

In 1869 Holmes marries Olivia Moule, daughter of J.W. Moule of Sneads Green House, Elmley Lovett, Worcestershire. She dies in 1901. Their children include Hugh junior, Sir Valentine Holmes KC (1888-1956), who like his father is a very successful barrister and a noted expert on the law of libel, Violet (dies in 1966), who married Sir Denis Henry, 1st Baronet, the first Lord Chief Justice of Northern Ireland, Elizabeth, who marries the politician and academic Harold Lawson Murphy, author of a well-known History of Trinity College Dublin, and Alice (dies in 1942), who marries the politician and judge Edward Sullivan Murphy, Attorney General for Northern Ireland and Lord Justice of Appeal of Northern Ireland.

Holmes dies on April 19, 1916, five days before the beginning of the Easter Rising.


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Death of John O’Byrne, Judge & Barrister

John O’Byrne, Irish judge and barrister who serves as a Judge of the Supreme Court of Ireland, Judge of the High Court (1926-40) and Attorney General of Ireland (1924-26), dies in Killiney, Dublin, on January 14, 1954.

O’Byrne is born in Carlow on April 24, 1884, the fourth son of Patrick O’Byrne and Mary O’Byrne (née Tallon), of Seskin, County Wicklow. He is educated at the Patrician Monastery, Tullow, County Carlow, and studies Moral and Mental Science at the Royal University of Ireland, where he graduates in 1907 in First Place with First Class Honours. He is awarded a Master of Arts degree in 1908.

O’Byrne joins the Irish Land Commission, where he acquires an intimate knowledge of the system of real property and land tenure in Ireland. Subsequently, he studies at King’s Inns, Dublin, and is called to the Irish Bar in 1911, where he practises mainly in real property.

O’Byrne stands as a pro-Treaty Sinn Féin candidate at the 1922 Irish general election for the Wexford constituency but is not elected. In 1922, he is appointed by the Provisional Government of Ireland to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State. It prepares a draft Constitution. He is thus one of the constitutional architects of the Irish Free State.

In 1923, O’Byrne is appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission is chaired by the last Lord Chief Justice of Ireland (who had also been the last Lord Chancellor of Ireland). It drafts legislation for a new system of courts, including a High Court and a Supreme Court, and provides for the abolition of the Irish Court of Appeal.

O’Byrne is appointed King’s Counsel in 1924, becoming the last member of counsel in the Irish Free State to be appointed, thereafter counsel are appointed as Senior Counsel. He is also a delegate of the Irish Free State to the League of Nations in the same year.

On June 7, 1924, O’Byrne is appointed the second Attorney General of Ireland when Hugh Kennedy is appointed Chief Justice of Ireland. On January 9, 1926, he is appointed a Judge of the High Court, upon which he serves until he is appointed to the Supreme Court of Ireland in 1940. He is also Chairman of the Irish Legal Terms Advisory Committee from May 14, 1948 to May 13, 1953.

Another High Court judge, Kenneth Deale, writing extra judicially in “Beyond Any Reasonable Doubt?,” a collection of essays on celebrated Irish murder trials, offers some interesting insights into O’Byrne’s strengths and weaknesses as a judge. Deale praises him as a sound and experienced lawyer, conscientious, principled and level-headed. However he believes that O’Byrne has one serious flaw – he is excessively strong minded and, having made up his mind, is most reluctant to change it. This in Deale’s view is a serious fault in a judge especially in criminal trials, where Deale finds it hard to believe that a jury would not be greatly influenced by the summing up of so formidable and strong minded a judge. In particular Deale strongly criticises his conduct of the trial of Thomas Kelly, tried in 1936 for the murder of Patrick Henry. In Deale’s view, O’Byrne’s summing-up is designed to convince the jury that the accused is guilty. Kelly, after an unprecedented three trials, is found guilty, but the Government, which seems to have some doubts about his guilt, reprieves him from the death penalty.

O’Byrne marries Marjorie McGuire in 1924. He lives at Stonehurst, Killiney, County Dublin. He dies in office on January 14, 1954. His widow brings a celebrated test case arguing that judges could not be required to pay income tax as this breaches the Constitutional guarantee that their incomes cannot be reduced. The Supreme Court decides by a 3-2 majority that notwithstanding the guarantee, judges are liable to pay income tax.

One of O’Byrne’s sons is Paddy O’Byrne who becomes one of the best known radio presenters in South Africa.


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Birth of John Toler, 1st Earl of Norbury

John Toler, 1st Earl of Norbury PC, KC, Irish lawyer, politician and judge known as The Lord Norbury between 1800 and 1827, is born at Beechwood, Nenagh, County Tipperary, on December 3, 1745. A greatly controversial figure in his time, he is nicknamed the “Hanging Judge” and is considered to be one of the most corrupt legal figures in Irish history. He is Chief Justice of the Common Pleas for Ireland between 1800 and 1827.

Toler is the youngest son of Daniel Toler, MP, and Letitia, daughter of Thomas Otway (1665–1724), of Lissenhall, Nenagh, County Tipperary. His elder brother Daniel Toler is also a politician, serving as High Sheriff for Tipperary and also as MP for Tipperary. The Toler family is originally from Norfolk, East Anglia, England, but settles in County Tipperary in the 17th century. He is educated at Kilkenny College and at Trinity College, Dublin.

After graduating from university Toler enters the legal profession and is called to the Irish Bar in 1770. In 1781 he is appointed a King’s Counsel. He is returned to the Parliament of Ireland for Tralee in 1773, a seat he holds until 1780, and later represents Philipstown between 1783 and 1790 and Gorey from 1790 until the Acts of Union 1800. In 1789 he is appointed Solicitor-General for Ireland, which he remains until 1798 when he is promoted to Attorney-General for Ireland and sworn of the Privy Council of Ireland. In his role as Attorney-General he is responsible for the prosecution of those involved in the Irish Rebellion of 1798. According to the Dictionary of National Biography “his indifference to human suffering … disgusted even those who thought the occasion called for firmness on the part of government.” In 1799, he brings forward a law which gives the Lord Lieutenant of Ireland power to suspend the Habeas Corpus Act and to impose martial law.

In 1800 Toler is appointed Chief Justice of the Common Pleas for Ireland and raised to the Peerage of Ireland as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench is controversial and John FitzGibbon, 1st Earl of Clare, the Lord Chancellor of Ireland, is said to have quipped, “Make him a bishop, or even an archbishop, but not a chief justice.” His tenure as Chief Justice lasts for 27 years, despite the fact that, the Dictionary of National Biography opines, “his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance.” This earns him the nickname the “Hanging Judge.” His most famous trial is that of Irish nationalist leader Robert Emmet. He interrupts and abuses Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant Ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.

However, Toler’s position eventually becomes untenable even to his strongest supporters, especially with the British government‘s aim of establishing a better relationship with the Catholic majority. His reputation is tainted in 1822, when a letter written to him by William Saurin, the Attorney-General for Ireland, is discovered, in which Saurin urges him to use his influence with the Irish Protestant gentry which makes up local juries against the Catholics. Saurin is dismissed soon afterwards. He finds his greatest adversary in Daniel O’Connell, to whom Toler is “an especial object of abhorrence.” At O’Connell’s instigation the case of Saurin’s letter is brought before the House of Commons of the United Kingdom by Henry Brougham. Toler survives this as well as an 1825 petition drawn up by O’Connell, which calls for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it is not until George Canning becomes Prime Minister in 1827 that Toler, then 82, is finally induced to resign. His resignation is sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King’s County, in the Peerage of Ireland. Unlike the barony of Norbury these titles are created with remainder to his second son Hector John. His eldest son Daniel is then considered mentally unsound.

Toler marries Grace, daughter of Hector Graham, in 1778. They have two sons and two daughters. In 1797 Grace is raised to the Peerage of Ireland as Baroness Norwood, of Knockalton in the County of Tipperary, in honour of her husband. She dies in 1822 and is succeeded in the barony by her eldest son, Daniel. Toler survives her by nine years and dies at the age of 85 at his Dublin home at 3 Great Denmark Street on July 27, 1831. He is succeeded in the barony of Norbury by his eldest son Daniel and in the viscountcy and earldom according to the special remainder by his second son, Hector. In 1832 the latter also succeeds his elder brother in the baronies of Norwood and Norbury. He is considered to be the father of the astronomer John Brinkley.

(Pictured: John Toler, 1st Earl of Norbury, coloured etching by unknown artist, early 19th century, National Portrait Gallery, NPG D9303)


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Death of Sir Denis Stanislaus Henry, 1st Baronet

Sir Denis Stanislaus Henry, 1st Baronet, KBE, PC (Ire), QC, Irish lawyer and politician who becomes the first Lord Chief Justice of Northern Ireland, dies in Belfast on October 1, 1925.

Henry is born on March 7, 1864, in Cahore, Draperstown, County Londonderry, the son of a prosperous Roman Catholic businessman. He is educated at Marist College, Dundalk, Mount St. Mary’s College, Chesterfield, Derbyshire (a Jesuit foundation) and Queen’s College, Belfast, where he wins every law scholarship available to a student in addition to many other prizes and exhibitions. In 1885, he is called to the Bar of Ireland.

During the 1895 United Kingdom general election in Ireland campaign, Henry speaks in support of unionist candidates in two constituencies: Thomas Lea in South Londonderry, Henry’s native constituency, and E. T. Herdman in East Donegal.

Henry’s legal career flourishes. He becomes Queen’s Counsel in 1896, a Bencher of the King’s Inns in 1898 and ultimately Father of the North-West Circuit – but his interest in politics does not diminish. In March 1905, he is a delegate at the inaugural meeting of the Ulster Unionist Council and in the 1907 North Tyrone by-election he is the Unionist candidate, losing by a mere seven votes.

On May 23, 1916, Henry is elected as an MP in the South Londonderry by-election, the first by-election to be held in Ireland after the Easter Rising, which occurred a month earlier. The rebellion has had no discernible impact on the contest.

In November 1918, Henry becomes Solicitor-General for Ireland and in July 1919, Attorney-General for Ireland. He later serves as the first Lord Chief Justice of Northern Ireland from 1921 to 1925. In 1923, he becomes a Baronet, of Cahore in the County of Londonderry.

Henry marries Violet Holmes, daughter of Hugh Holmes, a judge of the Court of Appeal in Ireland, and Olivia Moule. They have five children, including James Holmes Henry, who succeeds as second baronet. It is a mixed marriage as Violet is and remains a staunch member of the Church of Ireland. Despite their religious differences, the marriage is said to be happy.

Henry dies in Belfast on October 1, 1925, aged 61, and is buried near his native Draperstown.

(Pictured: Sir Denis Stanislaus Henry, 1st Baronet, bromide print by Walter Stoneman, 1920, National Portrait Gallery, London)