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Death of Sir James Charles Mathew, Barrister & Judge

Sir James Charles Mathew, barrister and judge, dies in London on November 9, 1908.

Mathew is born on July 10, 1830 at Lehenagh House, County Cork, eldest son of Charles Mathew, gentleman, of Lehanagh House and Castlelake, County Tipperary, and his wife Mary, daughter of James Hackett of Cork. He is of a Roman Catholic family and his uncle is Fr. Theobald Mathew, the temperance movement campaigner. His initial education is at a private school in Cork. He enters Trinity College Dublin (TCD) in July 1845, graduating BA (1850) as a gold medalist and senior moderator. In Hilary term 1850 he is admitted to the King’s Inns in Dublin. He moves to London, entering Lincoln’s Inn on June 1, 1851, and is called to the English bar in Hilary term 1854.

Mathew is a founding member of the Hardwicke Society, a legal debating society, and builds up a substantial practice as a junior barrister, being much in demand as counsel for jury cases in the Guildhall sittings. Despite being highly regarded by his peers, a certain lack of confidence holds him back and even when vacancies arise he does not apply to be made a Queen’s Counsel (QC). In 1873, however, he represents the treasury as a junior counsel in the prosecution of the Tichborne claimant, Arthur Orton, in one of the most celebrated legal cases of the day. He is the only counsel for the treasury who does not get into heated arguments in court with Orton’s leading council, Dr. Edward Vaughan Hyde Kenealy.

Mathew possesses an encyclopedic knowledge of legal procedure and in 1881 is made a bencher at Lincoln’s Inn and awarded an honorary doctorate by TCD. Although still only a junior counsel he is appointed a judge in the Queen’s Bench Division in March 1881 and knighted. After the return to office of the Liberal Party in August 1892 he becomes chairman of the commission established to investigate the state of evicted tenants in Ireland. His appointment is perhaps unfortunate, as he is a home ruler in politics and the home rule MP John Dillon is his son-in-law. When the commission begins its hearings on November 7, 1892, he announces that he will not allow witnesses to be cross-examined. This provokes protests from Edward Carson, who had recently been replaced as solicitor general for Ireland. Counsel is ordered to withdraw and eventually two members of the commission resign, while the landlords refuse to cooperate with the proceedings. Despite severe criticism, many of the commission’s recommendations are incorporated in the Wyndham Land Purchase Act of 1903.

Throughout his legal career, Mathew argues for the establishment of a separate commercial court, and eventually succeeds in convincing the other members of the bench and also Lord Russell of Killowen, who is appointed Lord Chief Justice in 1894, that such a court be established. As a result of this, he is appointed as the first judge of the Commercial Court when it is set up in 1895. In 1901 he is made a privy councilor and appointed judge in the Court of Appeal.

On December 6, 1905 Mathew is seized with a paralytic stroke at the Athenaeum Club in London, and his resignation is announced on the following day. On November 9, 1908 he dies at his London home, 46 Queen’s Gate Gardens. His remains are returned to Ireland, where they are interred in St. Joseph’s Cemetery, Cork.

Mathew marries Elizabeth Blackmore, eldest daughter of the Rev. Edwin Biron, JP and vicar of Lympne near Hythe, Kent, in December 1861. They have two sons and three daughters. His eldest daughter, Elizabeth Mathew, marries John Dillon. A portrait of Sir James Charles Mathew, by Frank Holl, is in the possession of the family. In 1896 a cartoon portrait of him by ‘Spy’ appears in Vanity Fair.

(From: “Mathew, Sir James Charles” by David Murphy, Dictionary of Irish Biography, http://www.dib.ie | Pictured: Sir James Charles Mathew by Alexander Bassano, half-plate glass negative, 1883, National Portrait Gallery, London)


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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 to 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 Basil Kelly, Northern Irish Barrister, Judge & Politician

Sir John William Basil Kelly, Northern Irish barrister, judge and politician, is born in County Monaghan on May 10, 1920. He rises from poverty to become the last Attorney General of Northern Ireland and then one of the province’s most respected High Court judges. For 22 years he successfully conducts many of the most serious terrorist trials.

A farmer’s son, Kelly is raised amid the horror of the Irish Civil War. The family is burned out when he is five and, penniless, goes north to take a worker’s house near the Harland and Wolff shipyard in Belfast. Even though they are Protestant the Kellys are met with a cold welcome. To counter that, his mother starts a bakery while the he and his father sell the hot rolls to the area pubs.

Kelly initially attends a shipyard workers’ school, sometimes without shoes, and then goes on to Methodist College Belfast, where only boys prepared to work hard are welcome. His mother, who had taught him to play the piano by marking out the keyboard on the kitchen table, is so cross when she hears that he has been playing football in the street that she tells the headmaster that he does not have enough homework.

On a visit to an elder sister at Trinity College, Dublin, Kelly is so impressed by her smoking and her painted nails that he decides to follow her to the university, where he reads legal science. After being called to the Bar of Northern Ireland in 1944, he has the usual slow start, traveling up to 100 miles to earn a five-guinea fee. However, aided by a photographic memory and the patronage of Catholic solicitors, he gradually builds up a large practice, concentrating on crime and workers’ compensation while earning a reputation as the finest cross-examiner in the province.

Kelly first makes a mark by his successful defence of an aircraftman accused of killing a judge’s daughter. The man is found guilty but insane, though the complications involved bring it back to court 20 years later. After appointment as Queen’s Counsel in 1958 he skillfully conducts two cases which go to the House of Lords. One involves the liability of a drunken psychopath, the other the question of automatism where a person, acting like a sleepwalker, does not know what he is doing.

In the hope of speeding his way to the Bench, Kelly is elected to the House of Commons of Northern Ireland as Ulster Unionist Party (UUP) member for Mid Down in 1964. His capacity for hard work leads to his being appointed Attorney General four years later.

In March 1972, the entire Government of Northern Ireland resigns and the Parliament of Northern Ireland is prorogued. As a result, Kelly ceases to be Attorney General. The office of Attorney General for Northern Ireland is transferred to the Attorney General for England and Wales and he is the last person to serve as Stormont’s Attorney General.

In 1973, Kelly is appointed as a judge of the High Court of Northern Ireland, and then as a Lord Justice of Appeal of Northern Ireland in 1984, when he is also knighted and appointed to the Privy Council of the United Kingdom. On the bench he proves a model of fairness and courtesy with a mastery of facts, but his role often puts him in danger.

A Provisional Irish Republican Army (IRA) gang once targets him with a bomb-laden milk van, intending to drive it through his gates. But the police are alerted and immediately take him to Stormont, where he lives for the next two months.

For a year Kelly presides alone over a non-jury Diplock court, protected by armed police and wearing a bulletproof vest before writing his judgment under Special Air Service (SAS) guard in England. He convicts dozens of people on “supergrass” evidence, though there are subsequently doubts about the informant and some of his judgments are overturned.

One of the accused, Kevin Mulgrew, is sentenced to 963 years in prison, with Kelly telling him, “I do not expect that any words of mine will ever raise in you a twinge of remorse.” While the IRA grumbles about the jail terms he dispenses, and he is often portrayed as an unthinking legal hardliner by Sinn Féin, he is a more subtle figure and is often merciful towards those caught up in events or those whom he considers too young for prison.

Kelly retires in 1995 and moves to England, where he dies at the age of 88 at his home in Berkshire on December 5, 2008 following a short illness. He is survived by his wife, Pamela Colmer.

(From: “Basil Kelly,” Independent.ie (www.independent.ie), January 4, 2009)


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Birth of Walter P. Lane, Confederate General

LEAD Technologies Inc. V1.01Walter Paye Lane, Confederate general during the American Civil War who also serves in the armies of the Republic of Texas and the United States of America, is born in County Cork on February 18, 1817.

The Lane family emigrates to Fairview in Guernsey County, Ohio, in 1821, and moves to Kentucky in 1825. In 1836 Lane moves to Texas to participate in its war for independence against Mexico. After Texas has gained its independence, he lives in San Augustine County in East Texas and then San Antonio, where he briefly serves as a Texas Ranger.

In 1846 Lane joins the First Regiment, Texas Mounted Riflemen, as a first lieutenant to fight in the Mexican–American War. He fights with honors at the Battle of Monterey and is later given the rank of major and command of his own battalion. After the Mexican–American War, he wanders about doing various things in Arizona, California, and Peru before opening a mercantile business in Marshall, Texas, in 1858.

When the American Civil War breaks out, Lane is among the first Texans to call for secession. His military reputation is so great that the first volunteer Confederate company raised in Harrison County is named for him, though he joins the 3rd Texas Cavalry. He participates in the Battle of Wilson’s Creek, the Battle of Chustenahlah, the Battle of Pea Ridge and both the Siege of Corinth and Second Battle of Corinth. He leads the 3rd Texas at the battle of Franklin, Mississippi, and is commended by General P. G. T. Beauregard for his efforts. He is severely wounded in the Battle of Mansfield in 1864, where Confederates forces rebuff a push to capture either or both Shreveport, Louisiana, or Marshall, Texas. Before the war ends, Lane is promoted to the rank of brigadier general in 1865, being confirmed on the last day the Confederate States Congress meets.

After the Civil War, Lane returns to Marshall where he helps to establish the Texas Veterans Association. After Reconstruction, he and his brother George, a local judge, found the first White Citizens Party in Texas and run Republicans and African Americans out of Marshall. With Democratic white hegemony brutally reestablished in Marshall and Harrison County, he declares the city and county “redeemed.”

Lane dies in Marshall, Texas on January 28, 1892 and is buried in the Marshall Cemetery near downtown Marshall. His memoirs, The Adventures and Recollections of General Walter P. Lane, are published posthumously in 1928.


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Birth of David Fulton, 4th Mayor of the Town of Little Rock

david-fultonDavid Fulton, the fourth and final mayor of the Town of Little Rock, Arkansas, before it is incorporated, is born in the Parish of Templemore, County Donegal on January 2, 1771. He serves as mayor from January 1835 through November 1835, his term cut short by the transition of Little Rock from town to city status. Once that occurs in November 1835, a new election has to be held.

Fulton is also proprietor of the Tan Yard, a tanning operation in Little Rock. He later serves as a judge and is appointed as Surveyor General of Public Lands in Arkansas by U.S. President Martin Van Buren in 1838.

Fulton marries Elizabeth Savin in June 1795 in Maryland. She dies in November 1829, while they reside in Alabama. One of their children, William Savin Fulton (for whom Fulton County, Arkansas is named), serves as the fourth Territorial Governor of Arkansas in 1835 and 1836 and is one of Arkansas’ first United States Senators upon statehood in 1836. Fulton is serving as Mayor at the same time his son is Governor.

Fulton comes to Little Rock in 1833. His daughter, Jane Juliet Shall, and her four children come to Little Rock as well. The family makes the move to be nearer to the future governor. The Fultons and Shalls rent the Hinderliter House, now part of Historic Arkansas Museum, in 1834. One of his descendants, Louise Loughborough, is the person who saves the Hinderliter House from destruction and is founder of what is now Historic Arkansas Museum.

In addition to serving as Mayor, Fulton is president of the Anti-Gambling Society and a Pulaski County Justice of the Peace. From 1836 until 1838, he is County Judge of Pulaski County.

David Fulton dies in Little Rock on August 7, 1843 and is buried at Mount Holly Cemetery as are several other members of his family.

(From: “Little Rock Look Back: David Fulton, LR’s 4th Mayor” by Scott Whiteley Carter, Little Rock Culture Vulture blog, January 2, 2019)


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Birth of Donagh MacDonagh, Playwright & Writer

donagh-macdonaghDonagh MacDonagh, Irish writer, judge, presenter, broadcaster, and playwright, is born in Dublin on November 22, 1912. He is the son of Irish nationalist and poet Thomas MacDonagh.

MacDonagh is still a young child when his father is executed in 1916 for his part in the Easter Rising. Tragedy strikes again when his mother dies of a heart attack a year afterwards while swimming at Skerries to Lambay Island, County Dublin on July 9, 1917. He and his sister are then cared for by their maternal aunts, in particular Catherine Wilson.

His parents’ families then engage in a series of child custody lawsuits as the MacDonaghs are Roman Catholic and the Giffords are Protestant. In the climate of Ne Temere, the MacDonaghs are successful.

He and his sister Barbara, who later marries actor Liam Redmond, live briefly with their paternal aunt Eleanor Bingham in County Clare before being put into the custody of strangers until their late teens when they are taken in by Jack MacDonagh.

MacDonagh is educated at Belvedere College and University College Dublin (UCD) with contemporaries Cyril Cusack, Denis Devlin, Charles Donnelly, Brian O’Nolan, Niall Sheridan and Mervyn Wall. In 1935 he is called to the Bar and practises on the Western Circuit. In 1941 he is appointed a District Justice in County Mayo. To date, he remains the youngest person appointed as a judge in Ireland. He is Justice for the Dublin Metropolitan Courts at the time of his death.

MacDonagh publishes three volumes of poetry: Veterans and Other Poems (1941), The Hungry Grass (1947) and A Warning to Conquerors (1968). He also edits the Oxford Book of Irish Verse (1958) with Lennox Robinson. He also writes poetic dramas and ballad operas. One play, Happy As Larry, is translated into a number of languages. He has three other plays produced: God’s Gentry (1951), Lady Spider (1959) and Step in the Hollow, a piece of situation comedy nonsense.

MacDonagh also writes short stories. He publishes Twenty Poems with Niall Sheridan, stages the first Irish production of “Murder in the Cathedral” with Liam Redmond, later his brother-in-law, and is a popular broadcaster on Radio Éireann.

MacDonagh is married twice, to Maura Smyth and, following her death after she drowns in a bath whilst having an epileptic seizure, to her sister, Nuala Smyth. He has four children, Iseult and Breifne by Maura and Niall and Barbara by Nuala.

Donagh MacDonagh dies in Dublin on January 1, 1968 and is buried at Deans Grange Cemetery.