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Tag Archives: Jonah Barrington (judge)


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Birth of Barry Yelverton, 1st Viscount Avonmore

Barry Yelverton, 1st Viscount Avonmore, PC (Ire) KC, Irish judge and politician, is born in Newmarket, County Cork, on May 28, 1736. He gives his name to Yelverton’s Act 1782, which effectively repeals Poynings’ Law and thus restores the independence of the Parliament of Ireland. This achievement is destroyed by the Acts of Union 1800, which he supports. By doing so, he gravely harms his reputation for integrity, which had already been damaged by his leading role in the conviction and execution for treason of the United Irishman William Orr, which is now seen as a major miscarriage of justice.

Yelverton is the eldest son of Francis Yelverton of Kanturk, County Cork, and Elizabeth Barry, daughter of Jonas Barry of Kilbrin (now Ballyclogh, County Cork). His father dies when he is only ten. His mother reaches a great age, dying only a year before her son. He goes to school in Charleville and Midleton College, and attends Trinity College Dublin, where he takes a degree of Bachelor of Arts in 1757 and of Bachelor of Laws in 1761. His family lacks wealth and social position and he is for some years an assistant master under Andrew Buck in the Hibernian Academy. This menial occupation is later a source of great embarrassment to him, as his enemies love to ridicule him as “Buck’s usher.”

In 1761, Yelverton marries Mary Nugent, daughter of William Nugent of Clonlost, County Westmeath, and his wife Ursula Aglionby, a lady of some fortune, and is thus enabled to read for the Irish Bar, entering the Middle Temple. He is called to the Bar in 1764. Despite his lack of family connections, his success in his profession is rapid, due to his legal ability, charm and remarkable eloquence, and he takes silk eight years afterward.

Yelverton is elected to the Irish House of Commons as member for Donegal Borough from 1774 to 1776. In the latter year, he is elected for both Belfast and Carrickfergus. He chooses to sit for the latter constituency and represents Carrickfergus until 1784. Although few examples of his oratory survive, all contemporaries agree on his eloquence, which gives him a dominant position in the Commons. He also serves as Recorder of Carrickfergus from 1778 until his death. This is not a Crown appointment as the Recorder is elected by a vote of the entire town corporation.

Yelverton gives his support to Henry Grattan and the Whigs during the greater part of his parliamentary career. He is a strong supporter of the demand for an independent Irish Parliament, but later changes his stance.

Yelverton plays a crucial role in the reforms which are collectively called the Irish Constitution of 1782. In particular he sponsors the Act 21 and 22 of George III, An Act to regulate the manner of passing bills and to prevent delays in summoning of Parliaments – which is popularly known as “Yelverton’s Act.” This radically modifies Poynings’ Law of 1495 by which all legislation to be passed by the Irish Parliament has to be drafted by the Privy Council of Ireland, then sent to the English privy council for approval. Under Yelverton’s Act, the role of the Irish Privy Council is abolished and legislation is commenced in the normal way in the Irish Parliament, which for the last 17 years of its existence enjoys a wide measure of independence.

In his latter days, Yelverton becomes identified with the court party and votes for the Act of Union 1800, for which his viscounty is a reward. For this he is never forgiven by many of his former friends. Sir Jonah Barrington, who continues to regard Yelverton with affection and respect, regrets that this action should have destroyed his reputation forever, but he argues that such a mistake of judgment is understandable in a man who lacks worldly wisdom, and despite his many good qualities, does not have a strong moral sense.

Yelverton becomes Attorney-General for Ireland in 1782, and is elevated to the bench as Lord Chief Baron of the Irish Exchequer in 1783. He is created Baron Yelverton in 1795, and in 1800 Viscount Avonmore in the Peerage of Ireland. As Chief Baron, he leads the opposition to the proposal to increase the number of judges in each of the courts of common law from three to four, on the practical ground that four-judge courts often divide evenly and thus cannot reach an effective decision. Despite this common-sense view, the new judges are eventually appointed.

Yelverton becomes a member of the Royal Irish Academy in 1787.

In 1797, Yelverton attains a degree of infamy for presiding over what is widely regarded as a “show trial” which leads to the execution of the United Irishman, William Orr, although he is said to have shed tears when passing the death sentence on Orr. Orr is charged with administering the United Irish oath to a soldier called Hugh Wheatly. This had recently become a capital offence. In fact, it is generally believed that another man, William McKeever, administered the oath. Wheatly, who is the principal witness for the prosecution, later confesses that he had perjured himself, but despite a superb defence by John Philpot Curran, Orr is found guilty and hanged. Yelverton may have formed an early impression of Orr’s guilt and acted on it – even his admirers admitted that as a judge he lacks impartiality.

Peter Finnerty, a journalist, is later convicted of seditious libel for publishing an attack on Yelverton over his conduct of Orr’s trial and this does nothing to enhance the judge’s reputation.

Yelverton dies on August 19, 1805, at his mansion, Fortfield House, Terenure, County Dublin, which he had built at great expense around 1785. He is buried nearby in Rathfarnham.


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Death of Jonah Barrington, Lawyer, Judge & Politician

Sir Jonah Barrington, KC, Irish lawyer, judge and politician, dies at Versailles, France, on April 8, 1834. He is most notable for his amusing and popular memoirs of life in late 18th-century Ireland, for his opposition to the Act of Union 1800, and for his removal from the judiciary by both Houses of Parliament in 1830, still a unique event.

Barrington is born in 1756 or 1757 in Knapton, Abbeyleix, Queen’s County (now County Laois), the third son of John Barrington, an impoverished Protestant gentleman landowner in Queens’s County and his wife Sibella French of Peterswell, County Galway. He is raised and schooled by his grandparents in Dublin and enters Trinity College Dublin (TCD) in 1773, aged 16, but leaves TCD without a degree.

Barrington joins the Irish Volunteers and supports the Irish Patriot Party in the early 1780s. His father raises and commands two Corps: the Cullenagh Rangers and the Ballyroan Light Infantry.

Barrington’s elder brother commands both the Kilkenny Horse and the Durrow Light Dragoons. Through his correspondence with General Hunt Walsh, Barrington’s father secures him a commission in Walsh’s regiment. Upon learning that the regiment is to be sent to America to fight in the American Revolution, and fearful of dying on some foreign battlefield, he writes to Walsh asking him to present the commission to another candidate instead, claiming that he himself is too tender to be of any real use. His fears prove well founded when his replacement, the only child of one of Walsh’s friends, is killed in his first engagement.

Barrington is called to the Irish bar in 1788 and in 1789 he marries Catherine, daughter of Dublin mercer, Edward Grogan. They ultimately have seven children. The following year he enters by the purchase of the seat the pre-1801 Parliament of Ireland as MP for Tuam. He accepts a sinecure post in 1793 at the Dublin customhouse worth £1,000 p.a. generally supporting Henry Grattan and he takes silk the same year. He is a member of the Kildare Street Club in Dublin. Appointed an Admiralty court judge in 1798, he re-enters parliament the same year as member for Clogher and votes against the Act of Union in 1799–1800, rejecting John FitzGibbon, 1st Earl of Clare‘s offer of the solicitor-generalship in 1799. In 1802, he unsuccessfully contests a seat for Dublin City in the Parliament of the United Kingdom.

Barrington’s comments on the Act of Union has a continuing resonance with the Young Ireland, Fenian and Irish Parliamentary Party movements, which hope to re-establish “Grattan’s Parliament” in some way. In particular, his Rise and Fall of the Irish Nation (1833) provides the basis for this romantic idealisation of Grattan’s Parliament adopted by the Irish Parliamentary Party from the 1880s.

Appointed an Admiralty court judge in 1798 at a salary of £500, Barrington finds there is little work to be done and his lack of a degree restricts other opportunities to support extravagant tastes. His award of a knighthood in 1807 brings no increased income. His court orders the sale of two derelict vessels and he gives instructions that the proceeds are to go to his own bank account. In 1810 or 1811 he takes his wife and family to England and from that time on his work in Ireland is carried out by surrogates. Still retaining his judgeship and salary, he moves to France in 1814 to escape his creditors and never returns to Ireland.

In 1828, commissioners learn of Barrington’s financial irregularities. He crosses the channel to London and protests that he is innocent but does not answer the charges based on the documentary evidence produced by the commissioners. In 1830, a parliamentary commission recommends that he be removed from office, finding misappropriations of court funds in 1805, 1806 and 1810. Pursuant to a provision of the Act of Settlement 1701, which seeks to protect the independence of the judiciary, both Houses of the Parliament of the United Kingdom vote for an Address to King William IV praying for his removal, and the King duly dismisses Barrington from office. By then, Barrington’s first 1827 volume of memoirs has sold successfully, and they are republished and expanded. He is the first judge removed from office under the Act of Settlement, and to this day, is the only judge in the United Kingdom to be so removed.

According to one of Barrington’s sometimes spurious personal memoirs, on March 20, 1780, he travels to Donnybrook, Dublin, to duel with Richard Daly. Daly has fought 16 duels in three years – three with swords and thirteen with pistols. Remarkably, he, and his opponents, have always escaped serious injury. Barrington has no pistols so he and his second, Richard Crosbie, spend the previous night constructing a pair “from old locks, stocks and barrels.” At Donnybrook, Daly’s second, Jack Patterson, a nephew of the Chief Justice, approaches Crosbie, explains that it is all a mistake and asks that the two shake hands. Barrington is in favour, but Crosbie has none of it. Taking out a duelling handbook, he points to rule No.7 – “No apology can be received after the parties meet, without a fire.”

Taking up their positions, Barrington loses no time in pressing the trigger and Daly staggers back, puts his hand to his chest, and cries, “I’m hit, Sir.” The ball does not penetrate but does drive part of a brooch slightly into his breastbone. Barrington only then thinks to inquire why the duel is even taking place. This time the rule book notes: “If a party challenged accepts the challenge without asking the reason for it, the challenger is never bound to divulge it afterwards.”

Barrington is most notable today for his memoirs which include scathing but humorous thumbnail portraits of contemporary Irish lawyers, judges and politicians during the last years of the Protestant Ascendancy. Personal sketches also includes vignettes on Irish people from every background. His works are reprinted with frequent additions and renamings.

Since his death, Barrington’s work has been quoted by a wide selection of editors, primarily following two themes: the political drama surrounding the Act of Union and the colourful nature of life in 1700s Ireland.


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Death of Leonard McNally, Barrister, Playwright, United Irishman

Leonard McNally, an Irish barrister, playwright, lyricist, founding member of the United Irishmen and spy for the British Government within Irish republican circles, dies in Dublin on June 8, 1820.

McNally is born in Dublin in 1752, the son of a merchant and wine importer. He is raised by his mother with the support of his uncle. He is born into a Roman Catholic family, but at some point in the 1760s he converts to the Church of Ireland. He is passionate about theatre, entirely self-educated and initially becomes a merchant in Bordeaux like his father.

However, in 1774 McNally goes to London to study law at the Middle Temple but returns to Dublin to be called to the Irish bar in 1776. After returning to London in the late 1770s, he qualifies as a barrister in England as well, in 1783. He practises for a short time in London and, while there, supplements his income by writing plays and editing The Public Ledger.

Returning to Ireland, McNally developes a successful career as a barrister in Dublin. He develops an expertise in the law of evidence and, in 1802, publishes what becomes a much-used textbook, The Rules of Evidence on Pleas of the Crown. The text plays a crucial role in defining and publicising the beyond reasonable doubt standard for criminal trials.

Not long after returning to Ireland, McNally becomes involved in radical politics, having already in 1782 published a pamphlet in support of the Irish cause. He becomes Dublin’s leading radical lawyer of the day. In 1792, he represents James Napper Tandy, a radical member of the Irish Parliament, in a legal dispute over parliamentary privilege. In the early 1790s, he becomes a founder member of the United Irishmen, a clandestine society which soon develops into a revolutionary Irish republican organisation. He ranks high in its leadership and acts as the organisation’s chief lawyer, representing many United Irishmen in court. This includes defending Wolfe Tone and Robert Emmet, the leaders of the 1798 and 1803 rebellions respectively, at their trials for treason. In 1793, he is wounded in a duel with Sir Jonah Barrington, who had insulted the United Irishmen. Barrington subsequently describes McNally as “a good-natured, hospitable, talented and dirty fellow.”

After McNally’s death in 1820, it emerges that he had for many years been an informant for the government, and one of the most successful British spies in Irish republican circles that there has ever been. In 1794, when a United Irishmen plot to seek aid from Revolutionary France is uncovered by the British government, McNally turns informer to save himself, although, subsequently, he also receives payment for his services. He is paid an annual pension in respect of his work as an informer of £300 a year, from 1794 until his death in 1820.

From 1794, McNally systematically informs on his United Irishmen colleagues, who often gather at his house for meetings. It is he that betrays Lord Edward FitzGerald, one of the leaders of the 1798 rebellion, as well as Robert Emmet in 1803. A significant factor in the failure of the 1798 rebellion is the excellent intelligence provided to the government by its agents. McNally is considered to be one of the most damaging informers.

The United Irishmen represented by McNally at their trials are invariably convicted and he is paid by the crown for passing the secrets of their defence to the prosecution. During the trial of Emmet, he provides details of the defence’s strategy to the crown and conducts his client’s case in a way that assists the prosecution. For example, three days before the trial he assures the authorities that Emmet “does not intend to call a single witness, nor to trouble any witness for the Crown with a cross-examination, unless they misrepresent facts… He will not controvert the charge by calling a single witness.” For his assistance to the prosecution in Emmet’s case, he is paid a bonus of £200, on top of his pension, half of which is paid five days before the trial.

After McNally’s death, his activities as a government agent become generally known when his heir attempts to continue to collect his pension of £300 per year. He is still remembered with opprobrium by Irish nationalists. In 1997, the Sinn Féin newspaper, An Phoblacht, in an article on McNally, describes him as “undoubtedly one of the most treacherous informers of Irish history.”

McNally is a successful dramatist and writes a number of well-constructed but derivative comedies, as well as comic operas. His first dramatic work is The Ruling Passion, a comic opera written in 1771, and he is known to have authored at least twelve plays between 1779 and 1796 as well as other comic operas. His works include The Apotheosis of Punch (1779), a satire on the Irish playwright Richard Brinsley Sheridan, Tristram Shandy (1783), which is an adaptation of Laurence Sterne‘s novel, Robin Hood (1784), Fashionable Levities (1785), Richard Cœur de Lion (1786), and Critic Upon Critic (1788).

McNally also writes a number of songs and operettas for Covent Garden. One of his songs, The Lass of Richmond Hill, becomes very well-known and popular following its first public performance at Vauxhall Gardens in London in 1789. It is said to be a favourite of George III and popularises the romantic metaphor “a rose without a thorn,” a phrase which he used in the song.

Nothing is known of McNally’s first wife Mary O’Brien, other than that she dies in 1786. In London in 1787, he elopes with Frances I’Anson, as her father William I’Anson a solicitor, disapproves of McNally. Frances, and her family’s estate, Hill House in Richmond, North Yorkshire, is the subject of a song with lyrics by McNally and composed by James Hook, The Lass of Richmond Hill. In 1795, Frances dies during childbirth at age 29 and is survived by only one daughter. In early 1799, McNally marries his third wife, Louisa Edgeworth, the daughter of a clergyman from County Longford.

When McNally’s son, who has the same and professions, dies on February 13, 1820, it is widely reported to have been McNally. The son is buried in Donnybrook, Dublin, on February 17, 1820, and McNally sends a letter on March 6, 1820, to the Proprietor of Saunders’s Newsletter seeking damages for the severe injury caused by the circulation of his death. In June 1820, McNally is on his deathbed, and although he had been a Protestant for most of his adult life, he seeks absolution from a Roman Catholic priest. He dies and is also buried in Donnybrook on June 8, 1820.


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Execution of the Sheares Brothers

Brothers John and Henry Sheares, both Irish lawyers and members of the Society of United Irishmen, are executed in Dublin on July 14, 1798 during the Irish Rebellion of 1798.

The Sheares brothers are the sons of Henry Sheares, a liberal banker from County Cork who also sits in the Irish Parliament for the Borough of Clonakilty. Henry attends Trinity College, Dublin, buys an officer’s commission and then studies as a lawyer, being called to the bar as a barrister in 1790. John qualifies as a barrister in 1788.

In 1792 the brothers go to Paris and are swept away by the popular enthusiasms of the French Revolution. They meet leaders such as Jacques Pierre Brissot and Jean-Marie Roland, both of whom are to be executed in 1793. In particular they witness the introduction of the guillotine, on which 1,400 are to die in 1792. On the boat from France to England they meet Daniel O’Connell, then a student, who is disgusted by the increasingly bloodthirsty nature of the revolution. O’Connell remains an advocate of non-violence thereafter.

The brothers join the United Irish movement upon their return to Dublin in January 1793, when it is still legal, and John begins to write articles for the Press, a nationalist paper. However, France declares war on Britain, and by extension on Ireland, in February 1793. The Society’s initial aims of securing Catholic emancipation and universal suffrage are unsuccessful, amounting to the administration’s 1793 Relief Act. Its stance becomes more radical, and in turn the Irish administration fears a group inspired by France, banning it in 1794.

The Sheares brothers principally organise the movement in Cork, while continuing with their legal careers. A Mr. Conway, one of their keenest members in Cork, informs the administration of their activities. During 1793 the brothers also join the Dublin Society of the United Irishmen, where another spy, Thomas Collins, passes on their names. Their other two less famous brothers enlist in the British army and are killed in action. On the arrest of most of the United Irish “Directory” members in March 1798, John is chosen as a replacement on the approach to the outbreak of rebellion. His main act at this point is to decide on the date – May 23.

The Directory fatally stays in Dublin, where the United Irish have less support. Already quietly betrayed by Conway and Collins, John also befriends Captain Warnesford Armstrong from County Down, who claims to be a busy member of the party there. John never verifies this, and Armstrong informs the authorities of the brothers’ whereabouts, also appearing as a witness in the ensuing trial. They are arrested on May 21 and indicted on June 26.

Inevitably the brothers are tried on July 12, as the rebellion is at its height, and are hanged, drawn and quartered two days later outside Newgate Prison. Their lawyer is John Philpot Curran who, with Sir Jonah Barrington, obtain a stay of execution in the hope that Henry will recant, but the brothers are already dead. They are buried at Dublin’s St. Michan’s Church. Visitors are brought to their coffins on a tour of St. Michan’s vaults.

(Pictured: The coffins of the Sheares brothers in the crypt of St. Michan’s Church)