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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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Dáil Éireann Declares War with Great Britain

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The President of the Dáil Éireann, Éamon de Valera, secures on March 11th, 1921, the chamber’s support for a formal declaration of war with Great Britain.

In January 1921, at his first Dáil meeting after his return to a country gripped by the War of Independence, de Valera introduces a motion calling on the Irish Republican Army (IRA) to desist from ambushes and other tactics that are allowing the British to successfully portray it as a terrorist group, and to take on the British forces with conventional military methods. This they strongly oppose, and de Valera relents, issuing a statement expressing support for the IRA, and claims it is fully under the control of the Dáil. He then, along with Cathal Brugha and Austin Stack, bring pressure to bear on Michael Collins to undertake a journey to the United States himself, on the pretext that only he can take up where de Valera had left off. Collins successfully resists this move and stays in Ireland.

The British government’s proposal of a Truce and negotiations over Ireland’s future is a result of both domestic and international factors. The British have been unable to defeat the Irish struggle for independence and there is a danger that the longer it continues the more radicalised it is becoming. In March 1921 Southern Unionist leader Lord Midleton also points to the strengthening of the independence movement, telling David Lloyd George and Hamar Greenwood that the resistance is now three times stronger than in July 1920. The following month Greenwood himself is talking of pacification taking years rather than months. British government policy in Ireland is also creating problems for it both internationally (especially in the United States) and in Britain itself. At the same time Britain is facing growing independence struggles in Egypt and India. It also faces an increasingly difficult financial situation. British foreign trade suffers a substantial collapse in 1921 as its exports fall by 48 percent over a twelve-month period, its imports drop by 44 percent, and unemployment rapidly increases. The Economist describes 1921 as one of the worst years of depression since the industrial revolution began.

There is a substantial debate in the British Cabinet about whether or not to proceed along these lines. An example of this is the May 12, 1921 Cabinet meeting. Greenwood appears to have revised his view about how long pacification will take. He is opposed to the Truce proposal at this stage, feeling that the republicans are being worn down. Health Minister Christopher Addison disagrees and favours a truce. Winston Churchill, who has been in favour of the substantial escalation of coercion, now supports a truce partly because things are getting “very unpleasant as regards the interests of this country all over the world; we are getting an odious reputation; poisoning our relations with the United States.” Herbert Fisher, who is a historian and head of the Board of Education as well as a politician, also worries, “the present situation is degrading to the moral life of the whole country; a truce would mean a clear moral and political gain” and that if the IRA accepts the truce it will be hard for them to start up again, it will also “create a big rift in Sinn Féin ranks, the moderate Sinn Féin would have to come out into the open.” This meeting rejects the idea of a truce. In June, however, a memorandum from Nevil Macready states that beating the republicans will require coercion being carried out to the maximum and if this is done the cabinet will have to stand by 100 executions a week. Such a policy is a political impossibility. In this situation, Lloyd George proposes an Anglo-Irish conference and negotiations.