Christian is considered one of the best Irish lawyers of his time, but as a judge, he regularly courts controversy. His bitter and sarcastic temper and open contempt for most of his colleagues leads to frequent clashes both in Court and in the Press. Though he is rebuked for misconduct several times by the House of Commons, no serious thought is given to removing him from office.
Christian’s early years at the Bar are not successful, and he admits to being near to despair at times about his prospects. His practice lays in the Court of Chancery, with procedures that are extremely complex and he finds at first almost unintelligible. Gradually he masters the intricacies of Chancery practice becoming a leader of the Bar, and took silk in 1841. It is said that his expertise in Chancery procedures leave even the Lord Chancellor himself quite unable to argue with him.
Christian is appointed Law Adviser to the Lord Lieutenant of Ireland, an influential post which involves assisting the Attorney-General and Solicitor-General in advising the Crown in 1850, but resigns after only a few months on the grounds that it interferes with his private practice. He is appointed Third Sergeant later the same year but resigns in 1855, allegedly because he is disappointed at not receiving further promotion. Promotion does in time come his way. He is appointed Solicitor-General the following year and a judge of the Court of Common Pleas in 1858. He is unusual in having no strong political loyalty; it is said that his political allegiance is known only to himself.
As a judge of the Court of Common Pleas, Christian gets on well with his colleagues, and any dissenting judgements he writes are short and courteous. It is after his appointment as a Lord Justice of Appeal in Chancery in 1867 that his behaviour begins to attract unfavourable comment, as he goes out of his way to court controversy on a wide variety of topics.
His criticisms of legal rulings and arguments are invariably delivered in the form of a personal attack. Such exchanges are frequently continued through the letters page of The Times. Conservative in politics, he objects to the appointment of Thomas O’Hagan as Lord Chancellor in December 1868, dismissing him as a liberal “political necessity.” He goes to great lengths to point out legal flaws in the Landlord and Tenant (Ireland) Act 187, to the great annoyance of the Prime Minister, William Ewart Gladstone. His final public diatribe comes in 1877 when he launches an attack on the quality of law reporting, dismissing the contents of the Irish Reports as “a mass of utterly worthless rubbish.” He is vilified in the legal press and is the subject of cartoons in Dublin satirical journals. Pleading deafness, he retires in December 1878.
Brewster is the son of William Bagenal Brewster, of Ballinulta, County Wicklow, by his wife Mary, daughter of Thomas Bates. He receives his earlier education at Kilkenny College, then proceeds to Trinity College Dublin (TCD) in 1812, taking his B.A. degree in 1817, and long after, in 1847, his M.A. degree.
Brewster is very active in almost all branches of his profession after his resignation, and his reputation as an advocate may be gathered from the pages of the Irish Law and Equity Reports, and in the later series of the Irish Common Law Reports, the Irish Chancery Reports, and the Irish Jurist, in all of which his name very frequently appears. Among the most important cases in which he takes part are the Mountgarrett case in 1854, involving a peerage and an estate of £10,000 a year, the Carden abduction case in July of the same year, the Yelverton case in 1861, the Egmont will case in 1863, the Marquess of Donegall‘s ejectment action and lastly, the great will cause of Fitzgerald v. Fitzgerald, in which Brewster’s statement for the plaintiff is said to be one of his most successful efforts.
On Edward Smith-Stanley becoming prime minister, Brewster succeeds Francis Blackburne as Lord Justice of Appeal in Ireland in July 1866, and Lord Chancellor of Ireland the following March. As Lord Chancellor, he sits in his court for the last time on December 17, 1868, when Benjamin Disraeli‘s government resigns. He then retires from public life.
There are only three or four judgments delivered by him in print, either in the Court of Appeal or the Court of Chancery (Ireland). His judicial manner is quiet, but with what is called “a touch of serviceable fierceness” which keeps order in Court. He is highly regarded by his colleagues. Even the bitter-tongued Jonathan Christian, who despises most of his fellow judges, defers to Brewster.
Brewster dies at his residence, 26 Merrion Square South, Dublin, on July 26, 1874, and is buried in the family vault at Tullow, County Carlow, on July 30. By his marriage in 1819 with Mary Ann, daughter of Robert Gray of Upton House, County Carlow, who dies in Dublin on November 24, 1862, he has issue one son, Colonel William Bagenal Brewster, and one daughter, Elizabeth Mary, wife of Mr. Henry French, both of whom die in the lifetime of their father. His estates are inherited by Elizabeth’s son, Robert French-Brewster, who adopts his grandfather’s surname. A nephew, Edward Brewster, studies under Abraham Brewster and becomes a lawyer and politician in New South Wales. Edward’s brother, John Grey Brewster, also emigrates to Australia, where he becomes a prosperous grazier and company director, retiring to England in later years where he dies in 1897.
(Pictured: Right Honourable Abraham Brewster photographed by Thomas Cranfield, 1861)
Christian is considered one of the best Irish lawyers of his time, but as a judge, he regularly courts controversy. His bitter and sarcastic temper and open contempt for most of his colleagues leads to frequent clashes both in Court and in the Press. Though he is rebuked for misconduct several times by the House of Commons, no serious thought seems to be given to removing him from office.
Christian is the third son of George Christian, a solicitor, and his wife Margaret Cormack. He is educated at the Trinity College Dublin, enters Gray’s Inn in 1831 and is called to the Bar of Ireland in 1834. He marries Mary Thomas in 1859 and they have four sons and four daughters. He lives at Ravenswell, Bray, County Wicklow.
Christian’s early years at the Bar are not successful, and he admits to being near to despair at times about his prospects. His practice lays in the Court of Chancery (Ireland). Chancery procedures are extremely complex, and he finds them at first almost unintelligible. Gradually he masters the intricacies of Chancery practice and becomes a leader of the Bar, taking silk in 1841. It is said that his expertise in Chancery procedures leaves even the Lord Chancellor himself quite unable to argue with him.
Christian is appointed Law Adviser to the Lord Lieutenant of Ireland, an influential post which involves assisting the Attorney General and Solicitor General in advising the Crown in 1850, but resigns after only a few months, on the ground that it interferes with his private practice. He is appointed Third Sergeant later the same year but resigns in 1855, allegedly because he is disappointed at not receiving further promotion. Promotion does in time come his way. He is appointed Solicitor General the following year and a judge of the Court of Common Pleas in 1858. He is unusual in having no strong political loyalty. It is said that his political allegiance is known only to himself.
As a judge of the Court of Common Pleas, Christian gets on well with his colleagues, and any dissenting judgements he writes are short and courteous. It is after his appointment as a Lord Justice of Appeal in Chancery in 1867 that his behaviour begins to attract unfavourable comment, as he goes out of his way to court controversy on a wide variety of topics.
Christian develops a deep contempt for the Irish Reports, castigating them in open Court as “nonsense,” “worthless rubbish” and “disjointed twaddle.” All attempts by colleagues to get him to moderate his language fail. He threatens to refuse to let his judgements be reported, and in his last years, his relations with the law reporters are so bad that they simply publish their uncorrected notes of his decisions rather than sending them to the judge for revision.
In 1867 a new office of Vice-Chancellor for Ireland is created. It is filled throughout its existence by one man, Hedges Eyre Chatterton, who retires in 1904. Despite his length of service, he is not considered a judge of the first rank, and Christian evidently combines feelings of professional contempt with a personal dislike for him. Christian usually votes on appeals to overturn his judgments, and frequently adds personal attacks on Chatterton, despite protests from his colleagues. The feud between the two judges reaches the Press in 1870 when The Irish Times, without naming them, quotes one judge’s opinion that another is “lazy, stupid, conceited and dogmatic.” Although Christian denies it, it is universally believed that he is the author of the remarks, which are aimed at Chatterton. Chatterton is fortunate in enjoying the support of the Lord Chancellor of Ireland, Thomas O’Hagan, 1st Baron O’Hagan, who is also on bad terms with Christian.
Christian had worked well with Abraham Brewster, O’Hagan’s predecessor, whom he respected. For O’Hagan on the other hand, he feels the same dislike and contempt which he felt for Chatterton. Although they served together in the Court of Common Pleas without any obvious conflict, Christian considers O’Hagan’s appointment as Lord Chancellor to be a purely political act, and that he is unfit to be either head of the judiciary or an appeal judge in Chancery. He also complains of what he sees as O’Hagan’s laziness, which puts an extra burden on him. During O’Hagan’s first term as Chancellor, Christian subjects him to constant criticism. Unwisely he does not confine these attacks to the Courtroom but publishes numerous pamphlets, which is widely seen as improper conduct in a judge. When O’Hagan becomes Chancellor for the second time, a friend congratulates him on escaping from “the misnamed Christian” who had retired two years earlier.
It is probably Christian’s feud with O’Hagan which leads to his extraordinary decision to publicly attack the House of Lords for reversing, by a majority including O’Hagan, his judgment in O’Rorke v Bolingbroke. In a letter to The Times in 1877, whose content has been described as “astounding,” he questions the Law Lords knowledge of equity. While he singles out Lord Blackburn for criticism, it is likely that he also intends to harm O’Hagan’s reputation.
A major source of contention between Christian and O’Hagan is the Landlord and Tenant (Ireland) Act 1870, which O’Hagan steers through Parliament. The Act provides for compensation for tenants in the event of eviction. Christian, though he is not a landowner and is not as a rule much interested in politics, objects strongly to the policy of the Act, which he believes to be most unjust to landlords. His attacks from the Bench on the Act lead to serious rebukes both from the House of Commons and from the Press, which comment on the impropriety of a judge attacking an Act of Parliament, which it is his duty to enforce.
O’Hagan’s retirement does nothing to lessen Christian’s ill-temper. Other judges come in for attack, including Lord Chief Justice of IrelandJames Whiteside, whom he accuses of speaking constantly on matters of which he is ignorant. In his later years, he seems to be a lonely and isolated figure. His vigorous opposition to the Supreme Court of Judicature (Ireland) Act 1877 is entirely unsuccessful. A feeling of isolation may partly explain his decision to retire, though certainly his increasing deafness also plays a part.
V.T.H. Delaney praises Christian as a great master of equity, a man of great learning and a judge with a great desire to see justice done, but he does not deny that Christian loved controversy. Even his supporters spoke of “arrows too sharply pointed.” Critics spoke of his “spirit of personal sarcasm, cold, keen and cynical.” No doubt Christian was genuinely concerned to uphold high standards of judicial conduct, but as Daire Hogan points out, his own conduct struck most observers as far more improper than anything he complained of in others.
seamus dubhghaill 