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Birth of Jonathan Christian, Irish Judge

Jonathan Christian, Irish judge, is born in Carrick-on-Suir, County Tipperary, on February 17, 1808. He serves as Solicitor-General for Ireland from 1856 to 1858. He is a judge of the Court of Common Pleas (Ireland) from 1858 to 1867 when he is appointed Lord Justice of Appeal in Chancery. On the creation of the new Irish Court of Appeal in 1878 he serves briefly on that Court but retires after a few months.

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 Ireland James 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.

Christian dies in Dublin on October 29, 1887.

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.


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Birth of Hugh Holmes, MP & Judge of the Court of Appeal in Ireland

Hugh Holmes QC, an Irish Conservative Party, then after 1886 a Unionist Member of Parliament (MP) in the Parliament of the United Kingdom and subsequently a Judge of the High Court and Court of Appeal in Ireland, is born in Dungannon, County Tyrone, on February 17, 1840.

Holmes is the son of William Holmes of Dungannon and Anne Maxwell. He attends the Royal School Dungannon and Trinity College, Dublin. He is called to the English bar in 1864 and to the Bar of Ireland in 1865.

Holmes becomes a Queen’s Counsel (QC) in 1877. He is appointed Solicitor-General for Ireland on December 14, 1878 and serves until the Conservative government is defeated in 1880. He becomes Attorney-General for Ireland in 1885–1886 and 1886–1887. He is made a member of the Privy Council of Ireland on July 2, 1885. He is a MP for Dublin University from 1885 to 1887.

Holmes resigns from the House of Commons when he is appointed a Judge in 1887. He is a Justice of the Common Pleas division of the High Court of Justice in Ireland until 1888 when he becomes a Justice of the Queen’s Bench division. He is promoted to be a Lord Justice of Appeal in 1897. Ill health causes his retirement in 1914.

Holmes appears to be a stern judge, who does not suffer fools gladly and often imposes exceptionally severe sentences in criminal cases. Although the story is often thought to be apocryphal, Maurice Healy maintains that Holmes did once sentence a man of great age to 15 years in prison, and when the prisoner pleaded that he could not do 15 years, replied “Do as much of it as you can.” His judgments do however display some good humour and humanity, and the sentences he imposes often turned out to be less severe in practice than those he announces in Court.

The quality of his judgments is very high and Holmes, together with Christopher Palles and Gerald FitzGibbon, is credited with earning for the Irish Court of Appeal its reputation as perhaps the strongest tribunal in Irish legal history. His retirement, followed by that of Palles (FitzGibbon had died in 1909), causes a loss of expertise in the Court of Appeal from which its reputation never recovers. Among his more celebrated remarks is that the Irish “have too much of a sense of humour to dance around a maypole.” His judgment in The SS Gairloch remains the authoritative statement in Irish law on the circumstances in which an appellate court can overturn findings of fact made by the trial judge.

In 1869 Holmes marries Olivia Moule, daughter of J.W. Moule of Sneads Green House, Elmley Lovett, Worcestershire. She dies in 1901. Their children include Hugh junior, Sir Valentine Holmes KC (1888-1956), who like his father is a very successful barrister and a noted expert on the law of libel, Violet (dies in 1966), who married Sir Denis Henry, 1st Baronet, the first Lord Chief Justice of Northern Ireland, Elizabeth, who marries the politician and academic Harold Lawson Murphy, author of a well known History of Trinity College Dublin, and Alice (dies in 1942), who marries the politician and judge Edward Sullivan Murphy, Attorney General for Northern Ireland and Lord Justice of Appeal of Northern Ireland.

Holmes dies on April 19, 1916, five days before the beginning of the Easter Rising.


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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 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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Death of Richard Boyle, 1st Earl of Cork

richard-boyle-1st-earl-of-corkRichard Boyle, 1st Earl of Cork, English-born politician who serves as Lord Treasurer of the Kingdom of Ireland and is also known as the Great Earl of Cork, dies on September 15, 1643 in Youghal, County Cork. He is an important figure in the continuing English colonisation of Ireland in the 16th and 17th centuries, as he acquires large tracts of land in plantations in Munster in southern Ireland.

Boyle is born at Canterbury, Kent, England on October 3, 1566, the second son of Roger Boyle, a descendant of an ancient landed Herefordshire family, and of Joan, daughter of John Naylor. He goes to The King’s School, Canterbury, at the same time as Christopher Marlowe. His university education begins at Corpus Christi College, Cambridge, England, in 1583. After this he studies law at the Middle Temple in London and becomes a clerk to Sir Roger Manwood, who is then Chief Baron of the Exchequer.

Boyle goes to Ireland in 1588. He becomes deputy Escheator under Ireland’s Escheator General John Crofton and uses his office to enrich himself, only to lose his property in the Munster rebellion in 1598. Returning to England, he is imprisoned on charges of embezzlement arising from his activities in Ireland. He is acquitted by a royal court, however, and in 1600 Elizabeth I of England appoints him clerk of the council of Munster.

Two years later, Boyle purchases Sir Walter Raleigh’s estates in the Irish counties of Cork, Waterford, and Tipperary. By employing settlers imported from England, he develops his lands and founds ironworks and other industries. The enormous wealth he accumulates brings him honours and political influence. Created Earl of Cork in 1620, he is appointed a Lord Justice of Appeal in 1629 and Lord High Treasurer in 1631. Nevertheless, soon after Sir Thomas Wentworth (afterward Earl of Strafford) goes to Ireland as lord deputy in 1633, Boyle is fined heavily for possessing defective titles to some of his estates. Thereafter his political influence declines.

Boyle dies at Youghal on September 15, 1643, having been chased off his lands in the Irish Rebellion of 1641. His sons, however, recover the family estates after the suppression of the rebellion.

Boyle’s first wife, Joan Apsley, the daughter and co-heiress of William Apsley of Limerick, whom he marries on November 6, 1595, dies at Mallow, County Cork on December 14, 1599 during childbirth. By his second wife, Catherine Fenton, daughter of Sir Geoffrey Fenton, he has eight daughters and seven sons, including the renowned chemist Robert Boyle and the statesman-dramatist Roger Boyle, 1st Earl of Orrery.