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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).

Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.

The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.

Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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Death of Charles Gavan Duffy

charles-gavin-duffy

Charles Gavan Duffy, Irish nationalist, journalist, poet, and Australian politician, dies on February 9, 1903, in Nice, France. He is the 8th Premier of Victoria and one of the most colourful figures in Victorian political history.

Duffy is born on April 12, 1816, in Dublin Street, Monaghan, County Monaghan. Both of his parents die while he is still a child and his uncle, Fr. James Duffy, who is the Catholic Parish Priest of Castleblayney, becomes his guardian for a number of years. He is educated at St. Malachy’s College in Belfast and is admitted to the Irish Bar in 1845. Duffy becomes a leading figure in Irish literary circles.

Duffy, along with Thomas Osborne Davis and John Blake Dillon, founds The Nation and becomes its first editor. Davis and Dillon later become Young Irelanders. All three are members of Daniel O’Connell‘s Repeal Association. This paper, under Duffy, transforms from a literary voice into a “rebellious organisation.”

In August 1850, Duffy forms the Tenant Right League to bring about reforms in the Irish land system and protect tenants’ rights, and in 1852 is elected to the House of Commons for New Ross. By 1855, the cause of Irish tenants seems more hopeless than ever. Broken in health and spirit, Duffy publishes a farewell address to his constituency, declaring that he has resolved to retire from parliament, as it is no longer possible to accomplish the task for which he has solicited their votes.

In 1856, emigrates with his family to Australia, settling in the newly formed Colony of Victoria. A public appeal is held to enable him to buy the freehold property necessary to stand for the colonial Parliament. He is immediately elected to the Legislative Assembly for Villiers and Heytesbury in the Western District in 1856. He later represented Dalhousie and then North Gippsland. With the collapse of the Victorian Government‘s Haines Ministry during 1857, another Irish Catholic, John O’Shanassy, unexpectedly becomes Premier with Duffy his second-in-charge.

In 1871, Duffy leads the opposition to Premier Sir James McCulloch‘s plan to introduce a land tax, on the grounds that it unfairly penalises small farmers. When McCulloch’s government is defeated on this issue, Duffy becomes Premier and Chief Secretary.  The majority of the colony is Protestant, and Duffy is accused of favouring Catholics in government appointments. In June 1872, his government is defeated in the Assembly on a confidence motion allegedly motivated by sectarianism.

When Graham Berry becomes Premier in 1877, he makes Duffy Speaker of the Legislative Assembly, a post he holds without much enthusiasm until 1880, when he quits politics and retires to the south of France. He remains interested in both the politics of his adoptive country and of Ireland. He is knighted in 1873 and is made KCMG in 1877. Sir Charles Gavan Duffy dies in Nice, France, at the age of 86 in 1903.


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Birth of Thomas Davis, Founder of Young Ireland Movement

Thomas Osborne Davis, Irish writer and the chief organiser and poet laureate of the Young Ireland movement, is born in Mallow, County Cork, on October 14, 1814.

Davis is the son of a Welsh father, a surgeon in the Royal Artillery, and an Irish mother. Through his mother he is descended from the Gaelic noble family of O’Sullivan Beare. His father dies one month after his birth and his mother moves to Warrington Place near Mount Street bridge in Dublin. In 1830, they move to 67 Lower Baggot Street. He attends school in Lower Mount Street before studying at Trinity College, Dublin. He graduates in Law and receives an arts degree in 1836, before being called to the Irish Bar in 1838.

Davis gives a voice to the 19th-century foundational culture of modern Irish nationalism. Formerly it is based on the republicans of the 1790s and on the Catholic emancipation movement of Daniel O’Connell in the 1820s-30s, which has little in common with each other except for independence from Britain. Davis aims to create a common and more inclusive base for the future. He establishes The Nation newspaper with Charles Gavan Duffy and John Blake Dillon.

He writes some stirring nationalistic ballads, originally contributed to The Nation and afterwards republished as Spirit of the Nation, as well as a memoir of Curran, the Irish lawyer and orator, prefixed to an edition of his speeches, and a history of King James II‘s parliament of 1689. He has formed many literary plans which are unfinished at the time of his early death.

Davis supports O’Connell’s Repeal Association from 1840, hoping to recreate the old Parliament of Ireland. They split during a debate on the proposed new Queen’s University of Ireland, when Davis is reduced to tears by O’Connell’s superior debating skill. Davis is in favour of a university that would inclusively educate all Irish students. O’Connell and the Catholic hierarchy prefer a separate system for Catholic students within Ireland that would remain under church control.

O’Connell generally refers to his inexperienced allies as “Young Ireland,” initially as a dismissive term, that from the 1870s becomes the accepted term for nationalists inspired by Davis. He also prefers a federal arrangement with Britain in the 1840s while Davis seeks a greater degree of autonomy. Both agree that a gradual and non-violent process is the best way forward. Despite their differences, O’Connell is distraught at Davis’s early death.

Davis is a Protestant but preaches unity between Catholics and Protestants. To him, it is not blood that makes a person Irish, but the willingness to be part of the Irish nation. He is to the fore of Irish nationalist thinking and it has been noted by later nationalist notables, such as Patrick Pearse, that while Theobald Wolfe Tone laid out the basic premise that Ireland as a nation must be free, Davis is the one who built this idea up promoting the Irish identity.

He is the author of influential songs such as The West’s Awake, A Nation Once Again and In Bodenstown Churchyard. He also writes The Lament for Owen Roe O’Neill.

Thomas Davis dies from scarlet fever on September 16, 1845, at the age of thirty. He is buried in Mount Jerome Cemetery, Dublin.