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Tag Archives: Serjeant-at-Law (Ireland)


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Death of Alexander Sullivan, Politician, Barrister & Journalist

Alexander Martin Sullivan, Irish Nationalist politician, barrister, and journalist, dies in Rathmines, Dublin, on October 17, 1884.

Sullivan, the second of six sons of Daniel Sullivan, house painter, and his wife, Catherine (née Baylor), a teacher, is born on May 15, 1829, in Bantry, County Cork. A popular date for Sullivan’s birth appears in many histories as 1830, but his gravestone reads 1829. He is educated in the local national school. One of his brothers is Timothy Daniel Sullivan, the Lord Mayor of Dublin from 1886 to 1888.

During the Great Famine of 1845 to 1847, Sullivan is employed as a clerk in connection with the relief works started by the government. Deeply influenced by the distress he witnesses, he afterward joins the Confederate Club formed in Bantry in support of the revolutionary movement of the Young Irelanders and is the organiser of the enthusiastic reception given by the town to William Smith O’Brien in July 1848 during the insurgent leader’s tour of the southern counties. Early in 1853, he goes to Dublin to seek employment as an artist. An exhibition of the arts and industries of Ireland is held in Dublin that year, and he is engaged to supply pencil sketches to the Dublin Expositor, a journal issued in connection with the exhibition. Subsequently, he obtains a post as a draughtsman in the Irish valuation office, and afterward as a reporter on the Liverpool Daily Post.

In 1855, Sullivan becomes assistant editor of The Nation, and subsequently editor and proprietor. From 1861 to 1884, in conjunction with his elder brother, T. D. Sullivan, he makes The Nation one of the most potent factors in the Irish Nationalist cause and also issues the Weekly News and Zozimus. Called to the Irish bar in 1876, he is a “special call” of the Inner Temple in 1877 and is made QC in 1881. He mainly practices at the English bar, though he acts in some political cases in Ireland.

At the 1874 United Kingdom general election Sullivan is elected as Member of Parliament (MP) for County Louth, but although he does not formally resign, he does not take his seat. At the general election in April 1880, he is again returned for County Louth, but this time formally resigns from the Commons on May 18, 1880. However, Charles Stewart Parnell is elected for both Cork City and for Meath and chooses to sit for Cork City. At the resulting by-election on May 20, 1880, Sullivan is returned unopposed to fill the vacancy in Meath. Following the development of a severe heart condition, he nearly dies after a heart attack in mid-August 1881. He holds his seat until his resignation on February 3, 1882. He then concentrates on his work at the parliamentary bar.

As a member of the Dublin Corporation, Sullivan secures a magnificent site for the Grattan Monument, toward which he donates £400, the amount of a subscription by his admirers while he is undergoing imprisonment for a political offence in 1868. The monument is formally unveiled in January 1876. Between 1878 and 1882 he is engaged in many notable trials. His last great case is on November 30, 1883, when he is a colleague of Lord Russell in the defence of Patrick O’Donnell for the murder of James Carey, an informer.

Sullivan suffers another heart attack while on holiday in Bantry in September 1884 and spends his last days with William Martin Murphy at Dartry, County Dublin. Murphy regards him as a father figure, attributing his success to Sullivan’s early advice and journalistic training. Sullivan dies on October 17, 1884, at Dartry Lodge, Rathmines, Dublin. He is buried at Glasnevin Cemetery. With his wife, Frances Genevieve Donovan, whom he marries on April 27, 1861, and who outlives him by nearly forty years, he has a family of three sons and five daughters. His second son and namesake, Alexander Martin Sullivan, is the last to hold the rank of Serjeant-at-law (Ireland).

In addition to his labours, Sullivan is a great temperance reformer. He also writes two notable books, The Story of Ireland and New Ireland and contributes many sketches (including some verse) to Irish Penny Readings (1879–85). Some of his correspondence is located in the Isaac Butt papers in the National Library of Ireland.


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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).

Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.

The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.

Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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Death of John Hewitt Jellett, Mathematician & Priest

John Hewitt Jellett, Irish mathematician whose career is spent at Trinity College Dublin (TCD), where he rises to the rank of Provost, dies in Dublin on February 19, 1888. He is also a priest in the Church of Ireland.

Jellett is born at Cashel, County Tipperary, on December 25, 1817, the son of Rev. Morgan Jellett and his wife Harriette Townsend, daughter of Hewitt Baldwin Poole of County Cork, by his wife Dorothea Morris. He is the eldest brother of Hewitt Poole Jellett, Serjeant-at-law (Ireland) and Chairman of the Quarter Sessions for County Laois, and of the Venerable Henry Jellett, Archdeacon of Cloyne. He is educated at Kilkenny College and at TCD, where he becomes a fellow in 1840.

Jellett marries his cousin on his mother’s side, Dorothea Charlotte Morris Morgan, daughter of James Morgan, on July 7, 1855. The marriage produces seven children. His son, William Morgan Jellett, is a member of the Parliament of the United Kingdom and is the father of the celebrated artist Mainie Jellett, and of Dorothea Jellett, director of the orchestra of the Gaiety Theatre, Dublin. Another son Henry Holmes Jellett is a civil engineer in British India. His daughter Harriette Mary Jellett is the wife of the noted Irish physicist George Francis FitzGerald. Another daughter Eva Jellett is the first woman to graduate with a degree in medicine from Trinity and goes on to practice as a doctor in India.

Jellett graduates B.A. in mathematics in 1837, M.A. 1843, B.D. 1866, and D.D. 1881. He is ordained a priest in 1846. In 1848 he is elected to the chair of natural philosophy at TCD, and in 1868 he receives the appointment of commissioner of Irish national education.

In 1851 Jellett is awarded the Cunningham Medal of the Royal Irish Academy for his work on the “Calculus of Variations.” The society later elects him their president, a position he holds from 1869 to 1874.

In 1870, on the death of Dr. Thomas Luby, Jellett is co-opted a Senior Fellow, and thus a member of the Board of TCD. William Ewart Gladstone‘s government in February 1881 appoints him provost of Trinity. In the same year he is awarded a Royal Medal by the Royal Society.

After the disestablishment of the Church of Ireland by the Irish Church Act 1869, Jellett takes an active part in the deliberations of the general synod and in every work calculated to advance its interests. He is an able mathematician and writes A Treatise of the Calculus of Variations (1850), and A Treatise on the Theory of Friction (1872), as well as several papers on pure and applied mathematics, articles in the Transactions of the Royal Irish Academy. He also writes some theological essays, sermons, and religious treatises, of which the principals are An Examination of some of the Moral Difficulties of the Old Testament (1867), and The Efficacy of Prayer (1878).

Jellett dies of blood poisoning at the provost’s house, TCD, on February 19, 1888, and is buried in Mount Jerome Cemetery on February 23. The funeral procession is the largest that ever left Trinity.

(Pictured: “John Hewitt Jellett,” oil on canvas by Sarah Purser)


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Birth of John Scott, 1st Earl of Clonmell

John Scott, 1st Earl of Clonmell, Irish barrister and judge known as The Lord Earlsfort between 1784 and 1789 and as The Viscount Clonmell between 1789 and 1793, is born in County Tipperary on June 8, 1739. Sometimes known as “Copperfaced Jack”, he is Lord Chief Justice of the King’s Bench for Ireland from 1784 to 1789.

Scott is the third son of Thomas Scott of Scottsborough, County Tipperary, and his wife Rachel, daughter of Mark Prim of Johnswell, County Kilkenny. His parents are cousins, being two of the grandchildren of Nicholas Purcell, 13th Baron of Loughmoe. His elder brother is the uncle of Bernard Phelan, who establishes Château Phélan Ségur, and Dean John Scott, who first plants the gardens open to the public at Ballyin, County Waterford and marries a niece of Scott’s political ally, Henry Grattan.

While at Kilkenny College, Scott stands up to the tormentor of a boy named Hugh Carleton, who grows up to be Viscount Carleton of Clare. They become firm friends, and Carleton’s father, then known as the “King of Cork,” due to his wealth and influence, invites him to their home and becomes his patron. In 1756, Carleton sends both the young men off, with equal allowances, to study at Trinity College, Dublin and then the Middle Temple in London. On being called to the Irish bar in 1765, Scott’s eloquence secures him a position that enables him to pay £300 a year to his patron, Francis Carleton, who through a series of disappointments has been declared bankrupt. He continues to gratefully support his patron until Hugh Carleton is financially able to insist that he take up the payments to his father. Scott in later life turns against Carleton, describing him in his diary as a “worthless wretch.”

Admitted to King’s Inns in 1765, Scott is entitled to practice as a barrister. In 1769 he is elected as the Member of Parliament for Mullingar, a seat he holds until 1783. The following year he is made a King’s Counsel (KC). In 1772 he is Counsel to the Board of Revenue and in 1774 is appointed Solicitor-General for Ireland (1774–1777). Three years later, he is elected a Privy Councillor and Attorney-General for Ireland (1774–1783). He is dismissed from the latter position in 1782 for refusing to acknowledge the right of England to legislate for Ireland. In 1775, he is awarded an honorary degree of Doctor of Law (LL.D.) by Trinity College, Dublin. He holds the office of Prime Serjeant-at-Law of Ireland between 1777 and 1782. He is Clerk of the Pleas of the Court of the Exchequer in 1783 and is elected Member of Parliament for Portarlington between 1783 and 1784.

In 1784, Scott is created 1st Baron Earlsfort of Lisson-Earl, County Tipperary, following his appointment to Lord Chief Justice of the King’s Bench. In 1789 he is created 1st Viscount Clonmel, of Clonmel, County Tipperary and in 1793 is created 1st Earl of Clonmel. By the 1790s he has an annual income of £20,000. Due to heavy drinking and overeating he becomes seriously overweight, and this no doubt contributes to his early death, although his diary shows that he makes frequent efforts to live a more temperate life. Drinking also produces the red face which earns him the nickname “Copper-faced Jack.”

In 1768, Scott marries the widowed Catherine Anna Maria Roe, daughter of Thomas Mathew, of Earl Landaff and sister of Francis Mathew, 1st Earl Landaff. She dies in 1771. In 1779, he marries Margaret Lawless, daughter and eventual heiress of banker Patrick Lawless of Dublin. He leaves a son and heir and a daughter by his second marriage.

Scott lives at Clonmell House, 17 Harcourt Street, Dublin. He also keeps a country residence, Temple Hill House, in County Dublin. Clonmell Street in Dublin is named in his honour, as is Earlsfort Terrace, also in Dublin. He also gains a reputation of being an experienced duelist.

In 1797, in the last conversation he would have with his wife’s cousin, Valentine Lawless, 2nd Baron Cloncurry, he exclaims, “My dear Val, I have been a fortunate man in life. I am a Chief Justice and an Earl; but, believe me, I would rather be beginning the world as a young (chimney) sweep.” He dies at the age of 58 the following year on May 23, 1798.

(Pictured: John Scott, 1st Earl of Clonmell, oil on canvas by Gilbert Charles Stuart)


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Birth of Barrister Alexander Martin Sullivan

alexander-martin-sullivan

Alexander Martin Sullivan, Irish lawyer best known as the leading counsel for the defence in the 1916 treason trial of Roger Casement, is born in Dublin on January 14, 1871. He is the last barrister in either Ireland or England to hold the rank of Serjeant-at-Law, hence his nickname The Last Serjeant.

A younger son of A.M. Sullivan and Frances Donovan, Sullivan is educated at Ushaw College, Belvedere College, Trinity College, Dublin and King’s Inns. He is called to the Irish Bar in 1892 and practises on the Munster Circuit.

Sullivan is appointed an Irish KC in 1908 and King’s Third Serjeant-at-law (Ireland) in 1912 advancing to Second Serjeant in 1913 and First Serjeant in 1919, the last holder of that position.

A moderate constitutional nationalist and supporter of the Irish Parliamentary Party, Sullivan is a prominent campaigner for the recruitment of Irishmen into the British Army during World War I. His opposition to Sinn Féin republicanism and his prominent role in conducting prosecutions on behalf of the Crown during the Irish War of Independence lead to at least one attempt on his life. As a result, he relocates to England in 1921 and establishes a career at the English Bar, having previously been called to the Middle Temple in 1899. He subsequently becomes a Bencher and Treasurer of Middle Temple. By courtesy, he is always referred to as Serjeant Sullivan, even though that rank no longer exists in England.

Sullivan remains a member of the Irish Bar and returns at least once to appear in the celebrated case of Croker v Croker, where the children of the former leader of Tammany Hall, Richard “Boss” Croker attempt to overturn his will, which leaves his entire estate to their stepmother.

Sullivan is noted as a fearless advocate, who brings to his English practice the robust manners he had learned in the Irish county courts. He does not hesitate to interrupt the judge, and if he feels that he is not receiving a fair hearing, he is quite capable of walking out of Court.

In 1916 Sullivan is retained as lead counsel in the trial of Sir Roger Casement for treason. No English barrister will defend Casement, and Sullivan is persuaded to take the case by George Gavan Duffy, whose wife Margaret is Sullivan’s sister. Despite his rank of Serjeant at law and King’s Counsel at the Irish bar he is only ranked as a junior barrister in England. As the facts relied on by the prosecution are largely undisputed, Sullivan is limited to arguing a technical defence that the Treason Act 1351 only applies to acts committed “within the realm” and not outside it. The Act’s terms had however been expanded by case law over the previous 560 years, and the defence is rejected by the trial judges and by the Court of Criminal Appeal.

Sullivan writes two books: Old Ireland in 1927 and The Last Serjeant in 1952. He retires from legal practice in 1949. He dies on January 9, 1959.