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Birth of Sir Richard Levinge, 1st Baronet

Sir Richard Levinge, 1st Baronet, Irish politician and judge who plays a leading part in Irish public life for more than 30 years, is born at Leek, Staffordshire, England, on May 2, 1656.

Levinge is the second son of Richard Levinge of Parwich Hall, Derbyshire, Recorder of Chester, and Anne Parker, daughter of George Parker of Staffordshire and his wife Grace Bateman. The Levinges (sometimes spelled “Levin”) are a long-established Derbyshire family with a tradition of public service. Through his mother he is a first cousin of Thomas Parker, 1st Earl of Macclesfield, Lord High Chancellor of Great Britain.

Levinge is educated at Audlem School, Derbyshire, and St. John’s College, Cambridge. He enters the Inner Temple in 1671 and is called to the Bar in 1678. He is a Member of Parliament (MP) of the House of Commons of England for City of Chester from 1690 to 1695. He is also, like his father, Recorder of Chester in 1686-87, but is summarily removed from this office by King James II of England.

Levinge is one of the first to declare for William III of England at the Glorious Revolution, and is sent by the new Government to Ireland as Solicitor-General in 1689. In 1692 he is elected as a member of the Irish House of Commons for Belfast and for Blessington, but chooses to sit for Blessington, a seat he holds until 1695. During this time he serves as Speaker of the Irish House of Commons. In politics he is a moderate Tory, noted throughout his career for his desire to conciliate. In an age of bitter political faction this earns him the uncharitable nickname “Tom Double.” Although he supports the Penal Laws, as no Irish officeholder then could do otherwise, he is very tolerant in religious matters and has several Roman Catholic friends, including his predecessor as Solicitor-General, Sir Theobald Butler.

Levinge later represents Longford Borough from 1698 to September 1713 and Kilkenny City from 1713 to November 1715 in the Irish Parliament. In 1713 he is also returned for Gowran but chooses to sit for Kilkenny. He is created a Baronet of High Park in the County of Westmeath, in the Baronetage of Ireland on October 26, 1704.

Levinge also serves as Solicitor-General for Ireland from 1689, from which office he is dismissed in 1695 following a quarrel with Henry Capell, 1st Baron Capell of Tewkesbury, the Lord Lieutenant of Ireland. He returns to office as Solicitor-General in 1705 through the good offices of James Butler, 2nd Duke of Ormonde, who has acted as his patron for some years past. History repeats itself when the Lord Lieutenant, Thomas Wharton, 1st Earl of Wharton, dismisses him from office in 1709 with what is regarded by many, including Jonathan Swift, as brutal suddenness. He once again becomes a member of the Parliament of Great Britain representing Derby from 1710 to 1711. He becomes Attorney-General for Ireland in 1711, after Ormonde replaces Wharton as Lord Lieutenant.

Levinge had expressed his interest in being appointed to the English Bench, but meets with no success in his efforts to achieve office in England. Under George I of Great Britain, despite being of the “wrong” political persuasion, and his growing age, his famous moderation, and his 30 years’ experience of Irish public life make him acceptable as an Irish judge to the Government, in which he has a powerful supporter in his cousin Lord Macclesfield. In 1721 he becomes Chief Justice of the Irish Common Pleas for Ireland and a member of the Privy Council of Ireland. He complains bitterly of the poor quality of his junior judges, and asks for suitable replacements, although he complains equally about some of those whose names are put forward as possible replacements. Despite being in great pain from gout in his last years, he remains on the Bench until his death on July 13, 1724.

Levinge divides his time between his ancestral home, Parwich Hall, which he purchases from his childless elder brother, and his newly acquired property Knockdrin Castle, County Westmeath. Most of his estates passes to his eldest son, who extensively rebuilds Parwich.

(Pictured: Knockdrin Castle, County Westmeath, the main Levinge residence in Ireland)


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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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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 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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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 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)


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The Execution of William Michael Byrne

William Michael Byrne, a key figure in the Society of United Irishmen in the years leading to the Irish Rebellion of 1798 against the British government, is executed in Dublin on July 25, 1798.

Byrne is one of the two sons of Colclough Byrne of Drumquin, Hackettstown and Mary Galway of Cork, a great grand-niece of James Butler, 1st Duke of Ormond. He lives most of his adult life at Park Hill in the Glen of the Downs, County Wicklow. In late 1796, he enlists in the yeomanry, serving in the Newtown Mount Kennedy cavalry.

Byrne joins the Society of the United Irishmen in the spring of 1797 and later that same year is appointed by the Leinster committee to organise the half barony of Rathdown. As a delegate for Rathdown barony, he is a well respected and competent figure. With the assistance of his Protestant friend Thomas Miller of Powerscourt, he undertakes the organisation of military and civil branches of the United Irishmen in Rathdown, recruiting 2,000 men by late 1797. In October 1797 he is forced to resign from the yeomen after refusing to swear the oath of loyalty and his activities begin to come to the attention of Dublin Castle.

According to the informant A.B. (Thomas Murray), Byrne attends the inaugural meeting of the United Irishmen’s Wicklow county committee in December. It is held in the Annacurra home of William’s first cousin, John Loftus. Murray’s information tells that Byrne established networks of contacts between the Leinster committee and the Cork United Irishmen along with other contacts in Munster.

Byrne’s career comes to an end when he, along with fourteen other Leinster delegates, are arrested on March 12, 1798 at the house of Oliver Bond. They had been betrayed by Thomas Reynolds, treasurer of Kildare United Irishmen and member of the provincial committee. Reynolds had been informed that plans for an insurrection were about to be finalised by the committee. Byrne is arrested in possession of incriminating documents which are described by Attorney-General for Ireland Arthur Wolfe as being ‘very treasonable printed papers.’

On July 4, 1798 Byrne with four others is brought before a commission of oyer and terminer on charges of high treason. The case mounted by the state against him is based principally on the evidence of Reynolds and also that given by his former comrade William Miller of Powerscourt. The weight of the evidence is overwhelming, rendering an effective defence impossible.

Byrne’s lawyer, John Philpot Curran KC, the leading defence counsel of the period, attempts to cast Reynold’s character and motives in a foul light but it is futile. In his last days, efforts are made to spare his life if he would only express regret for his actions and accuse Lord Edward FitzGerald for having led him to this point. He refuses, meeting his end with great dignity and stoicism.

Byrne is convicted of high treason and executed on July 25, 1798 outside Green Street Courthouse, Dublin.

The Dublin Magazine notes that Byrne “met his fate with a degree of courage perhaps unequalled.” For his service to the state, Reynolds is honoured by Dublin Corporation with the freedom of the city on October 19, 1798, spending much of his life thereafter in fear of assassination.


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Birth of John Scott, 1st Earl of Clonmell

John Scott, 1st Earl of Clonmell, Irish barrister and judge known as The Lord Earlsfort between 1784 and 1789 and as The Viscount Clonmell between 1789 and 1793, is born in County Tipperary on June 8, 1739. Sometimes known as “Copperfaced Jack”, he is Lord Chief Justice of the King’s Bench for Ireland from 1784 to 1789.

Scott is the third son of Thomas Scott of Scottsborough, County Tipperary, and his wife Rachel, daughter of Mark Prim of Johnswell, County Kilkenny. His parents are cousins, being two of the grandchildren of Nicholas Purcell, 13th Baron of Loughmoe. His elder brother is the uncle of Bernard Phelan, who establishes Château Phélan Ségur, and Dean John Scott, who first plants the gardens open to the public at Ballyin, County Waterford and marries a niece of Scott’s political ally, Henry Grattan.

While at Kilkenny College, Scott stands up to the tormentor of a boy named Hugh Carleton, who grows up to be Viscount Carleton of Clare. They become firm friends, and Carleton’s father, then known as the “King of Cork,” due to his wealth and influence, invites him to their home and becomes his patron. In 1756, Carleton sends both the young men off, with equal allowances, to study at Trinity College, Dublin and then the Middle Temple in London. On being called to the Irish bar in 1765, Scott’s eloquence secures him a position that enables him to pay £300 a year to his patron, Francis Carleton, who through a series of disappointments has been declared bankrupt. He continues to gratefully support his patron until Hugh Carleton is financially able to insist that he take up the payments to his father. Scott in later life turns against Carleton, describing him in his diary as a “worthless wretch.”

Admitted to King’s Inns in 1765, Scott is entitled to practice as a barrister. In 1769 he is elected as the Member of Parliament for Mullingar, a seat he holds until 1783. The following year he is made a King’s Counsel (KC). In 1772 he is Counsel to the Board of Revenue and in 1774 is appointed Solicitor-General for Ireland (1774–1777). Three years later, he is elected a Privy Councillor and Attorney-General for Ireland (1774–1783). He is dismissed from the latter position in 1782 for refusing to acknowledge the right of England to legislate for Ireland. In 1775, he is awarded an honorary degree of Doctor of Law (LL.D.) by Trinity College, Dublin. He holds the office of Prime Serjeant-at-Law of Ireland between 1777 and 1782. He is Clerk of the Pleas of the Court of the Exchequer in 1783 and is elected Member of Parliament for Portarlington between 1783 and 1784.

In 1784, Scott is created 1st Baron Earlsfort of Lisson-Earl, County Tipperary, following his appointment to Lord Chief Justice of the King’s Bench. In 1789 he is created 1st Viscount Clonmel, of Clonmel, County Tipperary and in 1793 is created 1st Earl of Clonmel. By the 1790s he has an annual income of £20,000. Due to heavy drinking and overeating he becomes seriously overweight, and this no doubt contributes to his early death, although his diary shows that he makes frequent efforts to live a more temperate life. Drinking also produces the red face which earns him the nickname “Copper-faced Jack.”

In 1768, Scott marries the widowed Catherine Anna Maria Roe, daughter of Thomas Mathew, of Earl Landaff and sister of Francis Mathew, 1st Earl Landaff. She dies in 1771. In 1779, he marries Margaret Lawless, daughter and eventual heiress of banker Patrick Lawless of Dublin. He leaves a son and heir and a daughter by his second marriage.

Scott lives at Clonmell House, 17 Harcourt Street, Dublin. He also keeps a country residence, Temple Hill House, in County Dublin. Clonmell Street in Dublin is named in his honour, as is Earlsfort Terrace, also in Dublin. He also gains a reputation of being an experienced duelist.

In 1797, in the last conversation he would have with his wife’s cousin, Valentine Lawless, 2nd Baron Cloncurry, he exclaims, “My dear Val, I have been a fortunate man in life. I am a Chief Justice and an Earl; but, believe me, I would rather be beginning the world as a young (chimney) sweep.” He dies at the age of 58 the following year on May 23, 1798.

(Pictured: John Scott, 1st Earl of Clonmell, oil on canvas by Gilbert Charles Stuart)


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First Issue of “The Irish People” Printed in Dublin

The Irish People, a nationalist weekly newspaper supportive of the Fenian movement, is first printed in Dublin on November 28, 1863. It is suppressed by the British Government in 1865.

Other republican newspapers namely, the United Irishman, The Irish Tribune, The Irish Felon, and then the Repeal Association-supporting paper, The Nation, are suppressed in 1848 after their writers, Young Irelanders and members of the Irish Confederation, are accused of promoting sedition. James Stephens is a Young Irelander and part of the Young Ireland rebellion of 1848 that follows the closures of these newspapers. He flees to France after the rebellion’s failure. In 1856, he returns to Ireland and makes connections with former rebels. Two years later, he founds the Irish Republican Brotherhood (IRB).

In 1863, Stephens tells friends he is to start a newspaper. With funds through John O’Mahony, founder of the Fenian Brotherhood in the United States, he sets up an office at 12 Parliament Street. John O’Leary becomes the editor, with Thomas Luby, Charles Kickham, and Denis Mulcahy as editorial staff and Luby as a proprietor. Jeremiah O’Donovan Rossa is the business manager and James O’Connor his assistant and bookkeeper. The newspaper is printed by John Haltigan. Most of the articles are written by O’Leary and Kickham. The first issue comes out on Saturday, November 28, 1863. Its sympathies are clear. A front-page advertisement offers to ship old copies of the United Irishman and The Irish Felon to any address in the UK and editorial content is critical of the political status quo. Superintendent Daniel Ryan of G Division of the Dublin Metropolitan Police, which is largely concerned with Fenianism, notes the new publication’s birth and comments on its low circulation.

Plans for a rising in Ireland, hatched in the United States, are found at Kingstown station in July 1865 in an envelope containing a £500 New York bankers’ draft payable to Stephens’ brother-in-law. This is handed over to Dublin Castle and the link proves to be decisive for what follows. Later, a letter to the Tipperary IRB calling for a nationalist uprising is found by Pierce Nagle, a police informer working for The Irish People. Nagle had visited British officials while in New York in 1864 and offers his services after being upset by Stephens’ manner. After Nagle provides the information, the offices of The Irish People are raided on September 15. The last issue comes out the following day.

The paper is suppressed by the Lord Lieutenant of Ireland, John Wodehouse. Luby, O’Leary, O’Donovan Rossa and O’Connor are arrested and held at Richmond Bridewell prison. Stephens and Kickham join them a month later. Stephens escapes from prison on November 24. A Special Commission is opened on November 27 and forty-one people are charged are ultimately charged. Luby, O’Leary, O’Connor, O’Donovan Rossa and Kickham are charged with the most serious crime of treason felony, first used against the republicans of 1848. Evidence used for the prosecution includes the letter found by Nagel and his testimony about Fenian connections, articles from The Irish People as far back as the first issue, in which Irish Catholic judges including one of the presiding judges, the current Attorney-General for Ireland and Privy Councillor William Keogh, had been strongly criticised, and a devastating secret document from 1864 written by Stephens and entrusted to Luby granting Luby, O’Leary and Kickham executive powers over the IRB. Kickham is unaware of the document. The conflicts of interest, also with the other judge, John David FitzGerald, who is involved in the defendants’ arrest, are highlighted by the defending counsel, former Tory MP Isaac Butt. Also noted is the striking, if not unusual, jury packing, an act where in a mostly-Catholic land, some of the juries involved are entirely Protestant.

Luby, O’Leary and O’Connor receive sentences of twenty years. O’Donovan Rossa is sentenced to life imprisonment because of his previous convictions. The frail Kickham, lifelong near-blind and deaf, gets twelve years. Judge Keogh praises his intellect and expresses sympathy with his plight, despite having refused his request for a writ of corpus to bring Luby and Charles Underwood O’Connell to his trial concerning his ignorance of the “executive document,” as Luby had already begun his sentence in Pentonville Prison.

(Pictured: The masthead of the first issue of The Irish People | This file is licensed under the Creative Commons Attribution 4.0 International license)