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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 Henry Charles Sirr

Henry Charles Sirr, Irish soldier, Town Major (police chief) of Dublin, extortioner, wine merchant and collector, dies on January 7, 1841, in his rooms in Dublin Castle. He is one of the founders of the Irish Society for Promoting Scriptural Education in the Irish Language.

Sirr is born in Dublin Castle on November 25, 1764, the son of Major Joseph Sirr, the Town Major of Dublin from 1762 to 1767. He serves in the British Army from 1778 until 1791 and is thereafter a wine merchant. In 1792 he marries Eliza D’Arcy, the daughter of James D’Arcy. He is the father of Rev. Joseph D’Arcy Sirr, MRIA and of Henry Charles Sirr.

In 1796, upon the formation of yeomanry in Dublin, Sirr volunteers his services, and is appointed acting Town Major, and is thenceforward known as the chief agent of the Castle authorities. In 1798 he is promoted to the position of Town Major, and receives, in accordance with precedent, a residence in Dublin Castle.

Sirr is active in the efforts of the Castle to suppress the republican and insurrectionary Society of United Irishmen. In the months prior to their rising in May and June 1798, he is prominent in the arrests of Peter Finnerty, the editor of their Dublin paper, The Press, on October 31, 1797, and of their leaders Thomas Russell and the popular Lord Edward Fitzgerald. It is the capture of FitzGerald on May 19, 1798, that brings him before the public.

In 1802, in a lawsuit, Hevey v. Sirr, presided over by Arthur Wolfe, 1st Viscount Kilwarden, Sirr is fined £150 damages, and costs, for the assault and false imprisonment of John Hevey. His lawyer in this case refers to his “very great exertions and laudable efforts” to crush the Irish Rebellion of 1798. The opposing lawyer, John Philpot Curran, tells a long tale of a grudge held by Sirr against Hevey, the latter a prosperous businessman and a Yeoman volunteer against the Rebellion, who has happened to be in court during a treason case brought by Sirr. Hevey recognises the witness for the prosecution, describes him in court “a man of infamous character,” and convinces the jury that no credit is due to the witness. The treason case collapses. Sirr and his colleague had then subjected Hevey to wrongful arrest, imprisonment incommunicado, extortion of goods and money, and condemnation to hanging. Curran implies that these techniques are typical of the methods used by Sirr and by others to suppress the Rebellion.

On August 25, 1803, Sirr is instrumental in the arrest of Robert Emmet, in the course of who’s abortive rising the previous month in Dublin, Kilwarden had been murdered.

In 1808 the Dublin police is re-organised and Sirr’s post is abolished, but he is allowed to retain the title. Niles’ Register of March 24, 1821 remarks that “Several persons have been arrested at a public house in Dublin, by major Sirr, charged with being engaged in a treasonable meeting, and committed to prison. We thought that this old sinner, given to eternal infamy by the eloquence of Curran, had gone home.”

Sirr is an avid collector of documents and curios. He sells McCormac’s Cross and other valuable antiquities in exchange for second-rate copied paintings. The remains are given by his older son, Joseph, to Trinity College, Dublin at some time between 1841 and 1843. It now forms the Sirr Collection of the Trinity College Library, Dublin.

Henry Charles Sirr dies on January 7, 1841, in Dublin Castle. He is buried in the churchyard of St. Werburgh’s Church, while his victim, Lord Edward FitzGerald, is buried in the vaults of the same church.


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Execution of William Orr, Member of the United Irishmen

William Orr, a member of the United Irishmen, is executed by the British on October 14, 1797, in what is widely believed at the time to be “judicial murder” and whose memory leads to the rallying cry “Remember Orr” during the Irish Rebellion of 1798. He is regarded as the first United Irish martyr.

Little is known of Orr’s early life. He is born in 1766 to a Presbyterian farming family and bleach-green proprietor, at Ferranshane outside Antrim town. The family is in comfortable circumstances and, as a result, he receives a good education. His appearance and manner are at the time considered noteworthy as he stands 6′ 2″ in height and is always carefully and respectably dressed, a familiar feature in his apparel being a green necktie, which he wears “even in his last confinement.” His popularity amongst his countrymen is also noted, particularly among the Northern Presbyterian patriots. He becomes active in the Irish Volunteers and then joins the United Irishmen. Sometime in the mid-1790s, he contributes several articles to their newspaper, the Northern Star.

Orr is charged at Carrickfergus Town Hall with administering the United Irishmen oath to a soldier named Hugh Wheatly, an offence which had recently been deemed a capital charge under the 1796 Insurrection Act. The offence is aggravated from a legal point of view because of the allegation that it is a serving soldier whom he is alleged to have administered the oath to. The prosecution makes the most of this “proof” of the “treasonable” aim of the United Irishmen to “seduce from their allegiance” the “men who are the Kingdom’s only safeguard against the foreign foe.”

The United Irishmen know from the evidence of some of their own number that Orr had not administered the oath on the occasion alleged. They also have the evidence of another eyewitness, James “Jemmy” Hope. The soldier witness Wheatly perjures himself and it is proved he is of bad character. The person who did tender the oath is a well-known member of the Society, William McKeever, who subsequently escapes to the United States. It is widely believed at the time that the authorities wish to make an example of Orr to act as a deterrent to potential United Irishmen recruits.

The actual case, which does not appear in the course of the proceedings but everyone, according to T. A. Jackson, is “in the know” and fully aware that the United Irishmen’s oath had been administered to a soldier “whether it was Orr or another who administered the oath was merely incidental.”

Orr is represented by John Philpot Curran, and the trial leads to a speech, which, according to T. A. Jackson, “is among the most remarkable of his many remarkable speeches.” It is a charge of libel against the Press newspaper, the journal founded by Arthur O’Connor to replace the Northern Star. The Press had published an open letter to the Viceroy, remarking scornfully on his refusal to show clemency to Orr. Curran’s defence is a counter-attack — an indictment of the Government, root and branch.

The only evidence used against Orr is the unsupported evidence of the soldier Wheatly and after hearing Curran’s defence of the prisoner, “there could be no possible doubt of his innocence.” Even the presiding judge, Barry Yelverton, 1st Viscount Avonmore, is said to have shed tears at the passing of the death sentence, although Orr’s friend, the poet and United Irishman William Drennan expresses his disgust at this display with the words “I hate those Yelvertonian tears.”

The sentence was hardly passed on Orr when regret is to seize on those who had aided in securing that verdict. The witness Wheatly, who subsequently goes insane and is believed to have died by his own hand, makes an affidavit before a magistrate admitting that he had sworn wrongly against Orr. Two members of the jury make depositions stating that they had been “induced to join in the verdict of guilty while under the influence of drink,” while two others swear that they had “been terrified into the same course by threats of violence.”

These particulars are placed before the Viceroy, but Lord Camden, the Lord Lieutenant of Ireland, is “deaf to all appeals” (including from his sister Lady Londonderry). “Well might Orr exclaim within his dungeon” he said “that the Government had laid down a system having for its object murder and devastation.”

Though his execution is postponed three times, Orr is hanged in the town of Carrickfergus on October 14, 1797, surrounded by an extra strong military guard. It is said that the population of the town, to express their sympathy with the “patriot” being “murdered by law,” and to mark their repugnance of the conduct of the Government towards him, quit the town on the day of his execution.

Orr’s fate “excited the deepest indignation throughout the country” and it is commented on “in words of fire” by the national writers of the period, and for many years after the rallying cry of the United Irishmen is “Remember Orr.” The journalist Peter Finnerty, who publishes an attack on Yelverton and Camden for their conduct in the matter, is later convicted of seditious libel, despite an eloquent defence by Curran.

(Pictured: William Orr from a sketch by E. A. Morrow)