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Death of Jonathan Christian, Irish Judge

Jonathan Christian, SL, QC, PC (I), Irish judge, dies in Dublin on October 29, 1887. 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 is given to removing him from office.

Christian is born in Carrick-on-Suir, County Tipperary, 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 Irish Bar 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, 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.

Christian dies on October 29, 1887, at his Dublin residence, 53 Merrion Square, and is buried in Dean’s Grange Cemetery, Deansgrange, County Dublin. In his will, approved in Dublin on December 3, 1887, he leaves an estate worth over £70,000. There is a fine portrait by Frank Reynolds in the dining hall of the Honourable Society of King’s Inns, Dublin.


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Death of Hedges Eyre Chatterton, Irish Conservative Party MP

Hedges Eyre Chatterton, Irish Conservative Party Member of Parliament (MP) in the Parliament of the United Kingdom and subsequently Vice-Chancellor of Ireland, dies on August 30, 1910.

Chatterton is born in 1819 in Cork, County Cork, the eldest son of Abraham Chatterton, a solicitor, and Jane Tisdall of Kenmare, County Kerry. He attends Trinity College Dublin (TCD), before being called to the Irish Bar in 1843. He becomes a Queen’s Counsel (QC) in 1858. He is Solicitor-General for Ireland from 1866 to 1867 and Attorney-General for Ireland in 1867. He is made a member of the Privy Council of Ireland on March 30, 1867. He is elected MP for Dublin University in 1867. He leaves the House of Commons on his appointment to the newly created judicial office of Vice-Chancellor of Ireland in 1867, an office which is abolished when he retires in 1904.

He marries firstly Mary Halloran of Cloyne, County Cork, in 1845. She dies in 1901. In the year of his retirement, he remarries Florence Henrietta Gore, widow of Edward Croker. He has no children. James Joyce remarks in Ulysses that his second marriage at the age of 85 infuriates his nephew, who had been waiting patiently for years to inherit his money.

Despite his many years of service on the Bench, Chatterton does not seem to be highly regarded as a judge. On his retirement the Bar pays tribute to his good qualities but adds several qualifications: “there might have been on the Bench lawyers more profound, reasoners more acute…” In his first decade on the Bench, Chatterton has to endure the continual denigration of Jonathan Christian, the Lord Justice of Appeal in Chancery. Christian is notoriously bitter-tongued, and while he despises most of his colleagues, he seems to have a particular dislike of Chatterton. He regularly votes on appeal to overturn his judgments, and frequently adds personal insults. Nor does he confine his attacks to the courtroom: there is controversy in 1870 when remarks of Christian that Chatterton is “lazy, stupid, conceited and so incompetent that he ought to be pensioned off” find their way into The Irish Times. The hint about pensioning off Chatterton is not taken up, no doubt because he enjoys the confidence of the Lord Chancellor of Ireland, Thomas O’Hagan, 1st Baron O’Hagan, who is also on bad terms with Christian. In an appeal from Chatterton in 1873, the two appeal judges clash publicly, with O’Hagan reprimanding Christian for insulting a judge who is not there to defend himself.

Chatterton becomes involved in controversy in 1885, over the first attempt to rename Sackville Street to O’Connell Street. Dublin Corporation votes for the name change, but it arouses considerable objections from local residents, one of whom seeks an injunction. Chatterton grants the injunction on the ground that the corporation has exceeded its statutory powers. Rather unwisely, he also attacks the merits of the decision, accusing the Corporation of “sentimental notions.” The corporation is angered by both the decision and the criticisms: while it may have been a coincidence, the fact that Temple Street is briefly renamed Chatterton Street is interpreted by some as an insult to the judge, since the street is much frequented by prostitutes. The controversy is short-lived as the corporation is granted the necessary statutory powers in 1890, and the new name becomes official in 1924, by which time it has gained popular acceptance.

Chatterton dies on August 30, 1910, and is buried in Dean’s Grange Cemetery in the suburban area of Deansgrange in Dún Laoghaire–Rathdown, County Dublin.


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Death of John Bowes, 1st Baron Bowes

John Bowes, 1st Baron Bowes, PC (I), Anglo-Irish peer, politician and judge, dies in Dublin on July 22, 1767. He is noted for his great legal ability, but also for his implacable hostility to Roman Catholics.

Bowes is born in London, the second son of Thomas Bowes, a merchant and member of the Worshipful Company of Turners, and his wife, a Miss North, and is called to the Bar in 1712. He comes to Ireland as a member of the staff of Richard West, the Lord Chancellor of Ireland, in 1723. He builds up a large practice at the Irish Bar and is appointed Solicitor-General for Ireland in 1730, and Attorney-General for Ireland in 1739. He is raised to the Bench as Lord Chief Baron of the Irish Exchequer in 1741, having previously failed to become third Baron (which is a surprisingly lucrative office, as the Baron receives several extra fees). He is appointed Lord Chancellor of Ireland by King George II in 1757, despite the chronic ill-health which afflicts him. In his last years, his legs are so swollen that he can scarcely walk.

Bowes epitomizes the severity of the 18th century Penal Laws against Irish Catholics when he rules, in about 1759, that: “The law does not suppose any such person to exist as an Irish Roman Catholic, nor could such a person draw breath without the Crown’s permission”. Such views, given that Roman Catholics make up more than 90% of the Irish population at the time, inevitably make him bitterly unpopular, and in 1760 he is assaulted during a riot outside the House of Commons.

In spite of his religious bigotry, Bowes is considered one of the outstanding judges of his time. In particular, he is a reforming Lord Chancellor, who is praised for making the Court of Chancery “a terror for fraud, and a comfort and protection for honest men”. As Attorney-General he shows considerable courage in going on assize during the Irish Famine (1740–1741) despite the infectious fever which is raging at the time, and which claims the lives of three other judges who decide to brave the dangers.

Between 1731 and 1742, Bowes represents Taghmon in the Irish House of Commons.

Bowes is considered one of the finest speakers of his time. His speech for the prosecution at the trial of Henry Barry, 4th Baron Barry of Santry, who is charged with murder in 1739, is described by those who hear it as a masterpiece of eloquence and logic, and leads to the Irish House of Lords bringing in a unanimous verdict of guilty against Santry.

Bowes is raised to the peerage of Ireland in 1758 as Baron Bowes, of Clonlyon in the County of Meath.

Bowes dies in Dublin on July 22, 1767, his mental faculties fully intact despite his bodily infirmities. He is buried in Christ Church Cathedral, Dublin, where his brother raises a memorial to him. He never marries, and his title becomes extinct on his death. He lives at Belvedere House, Drumcondra. His estates passes to his brother Rumsey Bowes of Binfield, Berkshire.


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Death of Charles Kendal Bushe, Lawyer & Judge

Charles Kendal Bushe, Irish lawyer and judge, dies in County Dublin on July 10, 1843. Known as “silver-tongued Bushe” because of his eloquence, he is Solicitor-General for Ireland from 1805 to 1822 and Lord Chief Justice of the King’s Bench for Ireland from 1822 to 1841.

Bushe is born at Kilmurry House, near Thomastown, County Kilkenny, the only son of the Reverend Thomas Bushe, rector of Mitchelstown, and his wife Katherine Doyle, daughter of Charles Doyle of Bramblestown, near Gowran. Kilmurry House had been built by the Bushe family in the 1690s. His father is forced to sell it to pay his debts, but he is able to repurchase it in 1814. He goes to the celebrated Quaker academy, Shackleton’s School in Ballitore, County Kildare, then graduates from Trinity College Dublin (TCD), where his eloquence makes him a star of the College Historical Society. He is called to the Bar in 1790.

Bushe is a member of the Irish Parliament for Callan from 1796 to 1799, and for Donegal Borough from 1799 to 1800. He is Escheator of Leinster in 1799. By this time the office is a sinecure. He is vehemently opposed to the Acts of Union 1800, referring emotionally to Britain’s subjection of Ireland as “six hundred years of uniform oppression and injustice,” a phrase which quickly became a proverb. Although he refuses an offer of a place on the Bench as a bribe for supporting the Union, cynics note that his staunch opposition to the Union does not prevent him accepting high office under the British Crown afterwards. He is appointed Solicitor-General for Ireland in 1805 and holds the office for 17 years until in 1822 he is appointed Lord Chief Justice of the King’s Bench for Ireland, although only after William Saurin, the equally long-serving Attorney-General, refuses the position. He retire in 1841.

As an advocate “silver-tongued Bushe” is legendary for his eloquence, and as a politician, he is admired by his English contemporaries like Sir Robert Peel and Lord Brougham. As a judge, according to F. Elrington Ball, he does not live up to expectations, although, if not an outstanding judge, he is an impressive and dignified one. As a statesman he is often accused of double-dealing: having opposed the Acts of Union, he has few scruples about accepting office under the new regime; and while himself supporting Catholic Emancipation, he prosecutes members of the Catholic Association for sedition, merely for advocating the same cause.

In Dublin, Bushe is a member of Daly’s Club.

Bushe dies in County Dublin on July 10, 1843, and is buried at Mount Jerome Cemetery and Crematorium in Harold’s Cross, County Dublin.


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Henry Barry, 4th Baron Barry of Santry, Tried for Murder

On April 27, 1739, Henry Barry, 4th Baron Barry of Santry, is tried by his peers in the Irish House of Lords for the murder of Laughlin Murphy in August 1738. They unanimously find him guilty but recommend him to the royal mercy. The Lord Lieutenant, William Cavendish, 3rd Duke of Devonshire, endorses this plea, and Barry is pardoned under the great seal on June 17. His estates, which had been forfeited for life, are restored in 1741.

Barry is born in Dublin on September 3, 1710, the only son of Henry Barry, 3rd Baron Barry of Santry, and Bridget Domvile, daughter of Sir Thomas Domvile, 1st Baronet, of Templeogue, and his first wife (and cousin) Elizabeth Lake, daughter of Sir Lancelot Lake. He succeeds to the title in 1735 and takes his seat in the Irish House of Lords.

Barry seems to be an extreme example of an eighteenth-century rake, a man of quarrelsome and violent nature, and a heavy drinker. He is a member of the notorious Dublin Hellfire Club. The club’s reputation never fully recovers from the sensational publicity surrounding his trial for murder, although there is no reason to think that any of his fellow members knew of or condoned the crime. There are widespread rumours that he had committed at least one previous murder which was successfully hushed up, although there seems to be no firm evidence for this.

On August 9, 1738, Barry is drinking with some friends at a tavern in Palmerstown, then a small village near Dublin. Drinking more heavily than usual, he attacks a drinking companion but is unable to draw his sword. Enraged, he runs to the kitchen, where he chances to meet Laughlin Murphy, the tavern porter, and for no known reason runs him through with his sword. He then bribes the innkeeper to let him escape. Murphy is taken to Dublin where he lingers for several weeks, dying on September 25, 1738.

Although Barry is not immediately apprehended, there is no reason to believe that the Crown intends that he should escape justice. The authorities clearly aim not only to prosecute him but to secure a conviction. Even in an age when the aristocracy enjoys special privileges, the murder of Murphy, who by all accounts was an honest and hardworking man with a wife and young family to support, shocks public opinion, whereas Barry is regarded, even among members of his own class, as a public nuisance. In due course, he is arrested and indicted for murder. He demands, as the privilege of peerage, a trial by his peers. The trial, which takes place in the Irish Houses of Parliament on April 27, 1739, arouses immense public interest.

Thomas Wyndham, the Lord Chancellor of Ireland, presides in his office Lord High Steward of Ireland, with 23 peers sitting as judges. The Attorney-General for Ireland, Robert Jocelyn, and the Solicitor-General for Ireland, John Bowes, lead for the prosecution.

Bowes dominates the proceedings, and his speeches make his reputation as an orator. Thomas Rundle, Bishop of Derry, who as a spiritual peer is only an observer at the trial, says, “I never heard, never read, so perfect a piece of eloquence…the strength and light of his reason, the fairness and candour.” The Bishop is scathing about the quality of counsel for the defence, describing the performance of Barry’s counsel as “detestable.” The defence case is that Murphy had died not from his wound but from a long-standing illness (or alternatively a rat bite), but in view of the medical evidence produced by the prosecution this is a hopeless argument. According to Bishop Rundle, Barry’s counsel fails even to mention the possibility that Murphy, who lingered for six weeks after being stabbed, might have died through inadequate medical care. Given the overwhelming evidence of Barry’s guilt, however, any defence would probably have been useless, and despite what is described as their “looks of horror,” his peers have little difficulty in finding him guilty. Wyndham, who had conducted the trial with exemplary fairness, pronounces the death sentence. His retirement soon afterward is generally thought to be due to the strain of the trial.

King George II, like all British monarchs, has the prerogative of mercy, and a campaign is launched by Barry’s friends and relatives to persuade the King to grant a pardon. Their plea concentrates on the victim’s low social standing, the implication being that the life of a peer is worth more than that of a tavern worker, despite the victim’s blameless character and the savage and wanton nature of the murder. The King proves reluctant to grant a pardon, and for a time it seems that Barry will be executed, but in due course, a reprieve is issued. Popular legend has it that his uncle, Sir Compton Domvile, through whose estate at Templeogue the River Dodder flows, secured a royal pardon for his nephew by threatening to divert the course of the river, thus depriving the citizens of Dublin of what is then, and remains long after, their main supply of drinking water.

On June 17, 1740, Barry receives a full royal pardon and the restoration of his title and estates. Soon afterward he leaves Ireland for good and settles in England. He is said to have had a personal audience with the King and thanked him in person for his clemency.

Barry’s last years are wretched. Although he has a second marriage shortly before his death, he is abandoned by all his former friends, is in great pain from gout, and is prone to depression. He dies in Nottingham on March 22, 1751, and is buried at St. Nicholas Church, Nottingham. On his death the title becomes extinct. His estates pass to his cousin, Sir Compton Domvile, 2nd Baronet, who makes unsuccessful efforts to have the barony revived. His widow Elizabeth outlives him by many years, dying in December 1816.


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Birth of Abraham Brewster, Judge & Lord Chancellor of Ireland

Abraham Brewster PC (Ire), Irish judge and Lord Chancellor of Ireland, is born in Ballymutra House in Ballynultagh Townland, County Wicklow, on April 10, 1796.

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 called to the Irish bar in 1819, and, having chosen Leinster for his circuit, soon acquires the reputation of a sound lawyer and a powerful speaker. Lord Plunket honours him with a silk gown on July 13, 1835. Notwithstanding the opposition of Daniel O’Connell, who dislikes him, he is appointed Law Adviser to the Lord Lieutenant of Ireland on October 10, 1841, and is Solicitor-General for Ireland from February 2, 1846, until July 16. By the influence of his friend Sir James Graham, First Lord of the Admiralty, he is Attorney-General for Ireland and privy councilor from January 10, 1853, until the fall of the Aberdeen ministry on February 10, 1855.[1]

In 1854, Brewster is appointed to the Royal Commission for Consolidating the Statute Law, a royal commission to consolidate existing statutes and enactments of English law.

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)


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The Popery Act 1704 Receives Royal Assent

An Act to prevent the further Growth of Popery, commonly known as the Popery Act or the Gavelkind Act, is an act of the Parliament of Ireland that receives royal assent on March 4, 1704. It is designed to suppress Roman Catholicism in Ireland (“Popery“). William Edward Hartpole Lecky calls it the most notorious of the Irish Penal Laws.

Inheritance in traditional Irish law uses gavelkind, whereby an estate is divided equally among a dead man’s sons. In contrast, English common law uses male primogeniture, with the eldest son receiving the entire estate. The 1704 act enforces gavelkind for Catholics and primogeniture for Protestants.

Two separate bills “to prevent the further Growth of Popery” are introduced in the parliamentary session of 1703–04. One originates with the Privy Council of Ireland and is referred on July 4, 1703, to the Attorney-General for Ireland. The other is introduced as heads of a bill in the Irish House of Commons on September 28, 1703, and is sent to the Lord Lieutenant of Ireland on November 19. Under Poynings’ Law, both bills are transmitted to the Privy Council of England for approval. Formally, one bill is vetoed, and the other is returned to Dublin with amendments. A lack of surviving documentation makes it impossible to determine which of the two has which fate. The approved bill is engrossed on January 20, 1704, presented in the Commons on February 14, sent to the Irish House of Lords on February 25, and given royal assent on March 4.

Sir Theobald “Toby” Butler, the former Solicitor-General for Ireland, a Roman Catholic, makes a celebrated speech at the bar of the Commons denouncing the act as being “against the laws of God and man… against the rules of reason and justice.” Other eminent Catholic lawyers like Stephen Rice also denounce the measure but to no avail.

Charles Ivar McGrath says that while the Popery Act has “evident … negative effects,” specific research is lacking, and that it is intended more to prevent an increase in Catholic landholding than encourage further decrease. The Catholic share of land had already fallen from 60% before the Irish Rebellion of 1641 to 22% before the Williamite War in Ireland to 14% in 1704. The figure of 5% in 1776 given in Arthur Young‘s Tour in Ireland is probably an underestimate, although in 1778 only 1.5% of rent is paid to Catholics.

Catholic gavelkind cements a tradition of farm subdivision, which persists beyond the act’s repeal and contributes to the Great Famine of the 1840s.

The act is “explained and amended” by a 1709 act, 8 Anne c. 3 (I), which specifies certain time limits left ambiguous by the original act, and closes some loopholes used by Catholics to remain beneficial owners of nominally Protestant property.

A 1719 act, 6 Geo. 1. c. 9 (I), indemnifies officials who have not hitherto subscribed to the oath required by the Popery Act. The time period for Dissenters subscribing to the oath is routinely extended, initially by an Indemnity Act at the start of each biennial parliamentary session. Similar acts are passed by the British parliament, and after the union the UK parliament continues the practice.

From the late 18th century Roman Catholic relief bills ease the Penal Laws, by explicit or implicit repeal and replacement. In 1772, Catholics are allowed to lease up to fifty Irish acres of bog-land for up to 61 years. The 1704 oath of allegiance for Catholics is replaced in 1774. Gardiner’s Act, the Leases for Lives Act 1777, implicitly repeals many other provisions of the 1704 act. Some are replaced with less onerous restrictions. The sacramental test is repealed for Dissenters in 1780. The Roman Catholic Relief Act 1782 repeals section 23 of the 1704 act. Another act of 1782 allows lay Catholics to be guardians of Protestants. Most restrictions on intermarriage are removed by the Roman Catholic Relief Act 1792. Many Penal Laws are repealed in general terms by the Roman Catholic Relief Act 1793. The sacramental test for Catholics is effectively replaced by the 1774 oath.

The Roman Catholic Relief Act 1829 abolishes the declaration against transubstantiation and specifies a new public oath for Catholics, explicitly permitting Catholics to hold Irish civil or military offices other than Lord Lieutenant and Lord Chancellor of Ireland, with the same oaths as required of non-Catholics (in addition to the new Catholic oath).

The Criminal Law Commission‘s 1845 report on oaths says sections 1, 3, and 6 of the 1704 act have fallen into disuse and should be repealed. The Religious Disabilities Act 1846, passed in consequence of the committee’s report, explicitly repeals provisions of sections 1, 3, and 4 of the 1704 act.

The Popery Act is explicitly repealed as obsolete by the Promissory Oaths Act 1871, with the exception of section 25, which is made redundant by the coming into force in 1871 of the Irish Church Act 1869 and is repealed by the Statute Law Revision (Ireland) Act 1878.


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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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Birth of Sir Edward Carson, Politician, Barrister & Judge

Edward Henry Carson, Baron Carson, Irish unionist politician, barrister and judge, known as the “uncrowned king of Ulster,” is born on February 9, 1854, at 4 Harcourt Street, in Dublin. He serves as the Attorney General and Solicitor General for England, Wales and Ireland as well as the First Lord of the Admiralty for the British Royal Navy.

Although Carson is to become the champion of the northern province, he is born into a Protestant family in southern Ireland. He is educated at Portarlington School, Wesley College, Dublin, and Trinity College Dublin, where he reads law and is an active member of the College Historical Society. He graduates BA and MA.

From 1877, early in his Irish legal career, he comes to mistrust the Irish nationalists. As senior Crown prosecutor, he sternly enforces the Criminal Law and Procedure (Ireland) Act 1887, securing numerous convictions for violence against Irish estates owned by English absentee landlords. He is appointed Solicitor-General for Ireland and elected to the British House of Commons in 1892, is called to the English bar at Middle Temple on April 21, 1893, and serves as Solicitor General for England and Wales from 1900 to 1905. During these years he achieves his greatest success as a barrister. In 1895, his cross-examination of Oscar Wilde largely secures the Irish writer’s conviction for homosexuality.

On February 21, 1910, Carson accepts the parliamentary leadership of the anti-Home Rule Irish Unionists and, forfeiting his chance to lead the British Conservative Party, devotes himself entirely to the Ulster cause. His dislike of southern Irish separatism is reinforced by his belief that the heavy industry of Belfast is necessary to the economic survival of Ireland. The Liberal government (1908–16) under H. H. Asquith, which in 1912 decides to prepare a Home Rule bill, cannot overcome the effect of his extra-parliamentary opposition. The Solemn League and Covenant of resistance to Home Rule, signed by Carson and other leaders in Belfast on September 28, 1912, and afterward by thousands of Ulstermen, is followed by his establishment of a provisional government in Belfast in September 1913. Early in that year he recruits a private Ulster army, the Ulster Volunteer Force, that openly drills for fighting in the event that the Home Rule Bill is enacted. In preparation for a full-scale civil war, he successfully organizes the landing of a large supply of weapons from Germany at Larne, County Antrim, on April 24, 1914. The British government, however, begins to make concessions to Ulster unionists, and on the outbreak of World War I he agrees to a compromise whereby the Home Rule Bill is enacted but its operation suspended until the end of the war on the understanding that Ulster’s exclusion will then be reconsidered.

Appointed Attorney General for England in Asquith’s wartime coalition ministry on May 25, 1915, Carson resigns on October 19 because of his dissatisfaction with the conduct of the war. In David Lloyd George’s coalition ministry (1916–22) he is First Lord of the Admiralty from December 10, 1916, to July 17, 1917, and then a member of the war cabinet as minister without portfolio until January 21, 1918.

Disillusioned by the Government of Ireland Act 1920 that partitions Ireland and establishes what is essentially a Home Rule parliament in Belfast, Carson declines an invitation to head the Northern Ireland government and resigns as Ulster Unionist Party leader in February 1921. Accepting a life peerage, he serves from 1921 to 1929 as Lord of Appeal in Ordinary and takes the title Baron Carson of Duncairn.

Carson retires in October 1929. In July 1932, during his last visit to Northern Ireland, he witnesses the unveiling of a large statue of himself in front of Parliament Buildings at Stormont. The statue is sculpted by Leonard Stanford Merrifield, cast in bronze and placed upon a plinth. The inscription on the base reads “By the loyalists of Ulster as an expression of their love and admiration for its subject.” It is unveiled by James Craig, 1st Viscount Craigavon, in the presence of more than 40,000 people.

Carson lives at Cleve Court, a Queen Anne house near Minster-in-Thanet in the Isle of Thanet, Kent, bought in 1921. It is here that he dies peacefully on October 22, 1935. A warship brings his body to Belfast for the funeral. Thousands of shipworkers stop work and bow their heads as HMS Broke steams slowly up Belfast Lough, with his flag-draped coffin sitting on the quarterdeck. Britain gives him a state funeral on Saturday, October 26, 1935, which takes place in Belfast’s St. Anne’s Cathedral. He remains the only person to have been buried there. From a silver bowl, soil from each of the six counties of Northern Ireland is scattered onto his coffin, which had earlier been covered by the Union Jack. At his funeral service the choir sings his own favourite hymn, “I Vow to Thee, My Country.”


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Death of Robert Holmes, Lawyer & Nationalist

Robert Holmes, Irish lawyer and nationalist, dies in London on October 7, 1859.

Holmes, the son of parents who are natives of Antrim, County Antrim, and settled in Belfast, is born during a visit by his parents to Dublin in 1765. He enters Trinity College, Dublin in 1782, and graduates B.A. in 1787. He at first devotes himself to medicine, but he soon turns his attention to the law. In 1795, he is called to the bar. He spends a substantial period of his professional life travelling the northeast circuit in Ireland, where he gains a reputation for great ability and legal skill.

Holmes studies law and becomes one of the best-known defenders of the Nationalist leaders in Ireland. He speaks in 1846 in defence of Charles Gavan Duffy, editor of The Nation. Duffy had been indicted over an article written by John Mitchel, which comes to be known as the “Railway Article.” His defence proves successful and his speech on behalf of his client is described by Lord Chief Justice Edward Pennefather as “the most eloquent ever heard in a court of Justice.”

In 1798, during a parade of the lawyer’s corps of yeomanry, of which he is a member, Holmes throws down his arms on learning that the corps is to be placed under the military authorities, dreading that he might have to act against the populace. To one Joy, a barrister, who had used insulting language to him respecting this circumstance, he sends a challenge, for which he suffers three months’ imprisonment. In 1799, he publishes a satirical pamphlet on the projected Acts of Union, entitled A Demonstration of the Necessity of the Legislative Union of Great Britain and Ireland. With the rising of his brother-in-law, Robert Emmet, on July 23, 1803, he has no connection, although he is arrested on suspicion and imprisoned for some months. This retards his advancement. He declines to receive any favours from the government, refusing in succession the offices of Crown prosecutor, King’s Counsel, and Solicitor-General, and to the last he remains a member of the outer bar.

Holmes has for many years the largest practice of any member of the Irish courts, and is listened to with attention by judges, although he is not always very civil to them. His law arguments form an important set of articles in the Irish Law Reports, and he is an impressive advocate, notably in his speeches in Watson v. Dill, in defence of The Nation newspaper, and his oration on behalf of John Mitchel, tried for treason-felony on May 24, 1848. During the course of his practice he makes over £100,000.

Holmes marries, firstly, Mary Anne Emmet, daughter of Dr. Robert Emmet. She is the sister of Robert Emmet, who leads an unsuccessful rebellion in 1803, and whose brother, Thomas Addis Emmet, is a leading member, with Theobald Wolfe Tone, of the Society of United Irishmen. Both take part in the Irish Rebellion of 1798. The marriage produces one surviving child, a daughter, who later marries George William Lenox-Conyngham, chief clerk of the Foreign Office, and in turn has an only daughter who in 1861 marries Viscount Doneraile.

Holmes marries in 1810 at Childwall, Liverpool, as his second wife, the English educator and writer Eliza Lawrence. She dies in 1811.

After his retirement in 1852, Holmes resides in London with his only child Elizabeth. He dies at the age of 94 at her home, 37 Eaton Place, Belgrave Square, London, on October 7, 1859.

During the course of his life, Holmes is the author of three published works. The first, published in 1799, is entitled A Demonstration of the Necessity of the Legislative Union of Great Britain and Ireland, a satirical pamphlet ridiculing the arguments of its supporters. The next is An Address to the Yeomanry of Ireland, demonstrating the necessity of their declaring their opinions upon Political Subjects. His most important work however, according to Peter Aloysius Sillard, is The Case of Ireland Stated, which apparently goes through six editions, the last in 1847.

(Pictured: Image of Robert Holmes from Michael Doheny’s “The Felon’s Track”)