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Promoting Irish Culture and History from Little Rock, Arkansas, USA


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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 John Toler, 1st Earl of Norbury

John Toler, 1st Earl of Norbury PC, KC, Irish lawyer, politician and judge known as The Lord Norbury between 1800 and 1827, is born at Beechwood, Nenagh, County Tipperary, on December 3, 1745. A greatly controversial figure in his time, he is nicknamed the “Hanging Judge” and is considered to be one of the most corrupt legal figures in Irish history. He is Chief Justice of the Common Pleas for Ireland between 1800 and 1827.

Toler is the youngest son of Daniel Toler, MP, and Letitia, daughter of Thomas Otway (1665–1724), of Lissenhall, Nenagh, County Tipperary. His elder brother Daniel Toler is also a politician, serving as High Sheriff for Tipperary and also as MP for Tipperary. The Toler family is originally from Norfolk, East Anglia, England, but settles in County Tipperary in the 17th century. He is educated at Kilkenny College and at Trinity College, Dublin.

After graduating from university Toler enters the legal profession and is called to the Irish Bar in 1770. In 1781 he is appointed a King’s Counsel. He is returned to the Parliament of Ireland for Tralee in 1773, a seat he holds until 1780, and later represents Philipstown between 1783 and 1790 and Gorey from 1790 until the Acts of Union 1800. In 1789 he is appointed Solicitor-General for Ireland, which he remains until 1798 when he is promoted to Attorney-General for Ireland and sworn of the Privy Council of Ireland. In his role as Attorney-General he is responsible for the prosecution of those involved in the Irish Rebellion of 1798. According to the Dictionary of National Biography “his indifference to human suffering … disgusted even those who thought the occasion called for firmness on the part of government.” In 1799, he brings forward a law which gives the Lord Lieutenant of Ireland power to suspend the Habeas Corpus Act and to impose martial law.

In 1800 Toler is appointed Chief Justice of the Common Pleas for Ireland and raised to the Peerage of Ireland as Baron Norbury, of Ballycrenode in the County of Tipperary. His appointment to the bench is controversial and John FitzGibbon, 1st Earl of Clare, the Lord Chancellor of Ireland, is said to have quipped, “Make him a bishop, or even an archbishop, but not a chief justice.” His tenure as Chief Justice lasts for 27 years, despite the fact that, the Dictionary of National Biography opines, “his scanty knowledge of the law, his gross partiality, his callousness, and his buffoonery, completely disqualified him for the position. His court was in constant uproar owing to his noisy merriment. He joked even when the life of a human being was hanging in the balance.” This earns him the nickname the “Hanging Judge.” His most famous trial is that of Irish nationalist leader Robert Emmet. He interrupts and abuses Emmet throughout the trial before sentencing him to death. In spite of this, with his strong belief in the Protestant Ascendancy, he is considered to have had great influence over the government in Ireland in the early part of the nineteenth century.

However, Toler’s position eventually becomes untenable even to his strongest supporters, especially with the British government‘s aim of establishing a better relationship with the Catholic majority. His reputation is tainted in 1822, when a letter written to him by William Saurin, the Attorney-General for Ireland, is discovered, in which Saurin urges him to use his influence with the Irish Protestant gentry which makes up local juries against the Catholics. Saurin is dismissed soon afterwards. He finds his greatest adversary in Daniel O’Connell, to whom Toler is “an especial object of abhorrence.” At O’Connell’s instigation the case of Saurin’s letter is brought before the House of Commons of the United Kingdom by Henry Brougham. Toler survives this as well as an 1825 petition drawn up by O’Connell, which calls for his removal on the grounds of him falling asleep during a murder trial and later being unable to present any account of the evidence given. However, it is not until George Canning becomes Prime Minister in 1827 that Toler, then 82, is finally induced to resign. His resignation is sweetened by him being created Viscount Glandine and Earl of Norbury, of Glandine in King’s County, in the Peerage of Ireland. Unlike the barony of Norbury these titles are created with remainder to his second son Hector John. His eldest son Daniel is then considered mentally unsound.

Toler marries Grace, daughter of Hector Graham, in 1778. They have two sons and two daughters. In 1797 Grace is raised to the Peerage of Ireland as Baroness Norwood, of Knockalton in the County of Tipperary, in honour of her husband. She dies in 1822 and is succeeded in the barony by her eldest son, Daniel. Toler survives her by nine years and dies at the age of 85 at his Dublin home at 3 Great Denmark Street on July 27, 1831. He is succeeded in the barony of Norbury by his eldest son Daniel and in the viscountcy and earldom according to the special remainder by his second son, Hector. In 1832 the latter also succeeds his elder brother in the baronies of Norwood and Norbury. He is considered to be the father of the astronomer John Brinkley.

(Pictured: John Toler, 1st Earl of Norbury, coloured etching by unknown artist, early 19th century, National Portrait Gallery, NPG D9303)


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Death of Sir Denis Stanislaus Henry, 1st Baronet

Sir Denis Stanislaus Henry, 1st Baronet, KBE, PC (Ire), QC, Irish lawyer and politician who becomes the first Lord Chief Justice of Northern Ireland, dies in Belfast on October 1, 1925.

Henry is born on March 7, 1864 in Cahore, Draperstown, County Londonderry, the son of a prosperous Roman Catholic businessman. He is educated at Marist College, Dundalk, Mount St. Mary’s College, Chesterfield, Derbyshire (a Jesuit foundation) and Queen’s College, Belfast, where he wins every law scholarship available to a student in addition to many other prizes and exhibitions. In 1885, he is called to the Bar of Ireland.

During the 1895 United Kingdom general election campaign, Henry speaks in support of unionist candidates in two constituencies: Thomas Lea in South Londonderry, Henry’s native constituency, and E. T. Herdman in East Donegal.

Henry’s legal career flourishes. He becomes Queen’s Counsel in 1896, a Bencher of the King’s Inns in 1898 and ultimately Father of the North-West Circuit – but his interest in politics does not diminish. In March 1905, he is a delegate at the inaugural meeting of the Ulster Unionist Council and in the 1907 North Tyrone by-election he is the Unionist candidate, losing by a mere seven votes.

On May 23, 1916, Henry is elected as an MP in the South Londonderry by-election, the first by-election to be held in Ireland after the Easter Rising, which occurred a month earlier. The rebellion has had no discernible impact on the contest.

In November 1918, Henry becomes Solicitor-General for Ireland and in July 1919, Attorney-General for Ireland. He later serves as the first Lord Chief Justice of Northern Ireland from 1921 to 1925. In 1923, he becomes a Baronet, of Cahore in the County of Londonderry.

Henry marries Violet Holmes, daughter of Hugh Holmes, a judge of the Court of Appeal in Ireland, and Olivia Moule. They have five children, including James Holmes Henry, who succeeds as second baronet. It is a mixed marriage as Violet is and remains a staunch member of the Church of Ireland. Despite their religious differences, the marriage is said to be happy.

Henry dies in Belfast on October 1, 1925, aged 61, and is buried near his native Draperstown.

(Pictured: Sir Denis Stanislaus Henry, 1st Baronet, bromide print by Walter Stoneman, 1920, National Portrait Gallery, London)


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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 John Gore, 1st Baron Annaly

John Gore, 1st Baron Annaly, Irish politician and peer, is born on March 2, 1718.

Gore is the second son of George Gore, judge of the Court of Common Pleas (Ireland), who in turn is the son of Sir Arthur Gore, 1st Baronet. His mother is Bridget Sankey, younger daughter of John Sankey. His mother brings his father a fortune and the manor of Tenelick in County Longford, which comes to John on the death of his brother Arthur in 1758.

Gore is called to the Bar by King’s Inns and works as barrister-at-law. He is Counsel to the Commissioners of Revenue and also a King’s Counsel from 1749. From 1747 and 1760, he sits as Member of Parliament (MP) for Jamestown. Subsequently, he sits for Longford County in the Irish House of Commons until 1765.

In 1760 Gore is appointed Solicitor-General for Ireland, a post he holds until 1764, when he becomes Lord Chief Justice of the King’s Bench for Ireland. In the same year he is sworn of the Privy Council of Ireland. On January 17, 1766, he is elevated to the Peerage of Ireland as Baron Annaly, of Tenelick in the County of Longford. In the following year he is elected Speaker of the Irish House of Lords.

Gore is a popular, witty and unassuming man, and a keen sportsman. In politics he is considered a strong reactionary, arguing that the Crown has the right to keep Parliament sitting indefinitely, and he is opposed to any extension of the powers of the Irish Parliament. In his later years he is inclined to denounce the Irish people as “idle and licentious.” Irish author and legal historian F. Elrington Ball notes however that Henry Grattan likes and admires Gore despite their strongly opposed political views. His judicial qualities are viciously attacked in an anonymous satire: “Without judgement, a judge makes justice unjust.” Ball on the other hand argues that his judgements and speeches in the House of Commons show that he does not lack ability.

In 1747, Gore marries Frances Wingfield, second daughter of Richard Wingfield, 1st Viscount Powerscourt of the third creation. Their marriage is childless. He dies on April 3, 1784 at St. Stephen’s Green in Dublin and is buried in the family vault in the church of Taghshinny in County Longford. With his death the barony becomes extinct, but is revived for his brother Henry, first and last Baron Annaly of the second creation. Lady Annaly dies in 1794 and is buried at St. Marylebone Parish Church, London.


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Alan Brodrick Appointed Lord Chief Justice of the Court of Queen’s Bench

alan-brodrickAlan Brodrick, 1st Viscount Midleton, a leading Anglo-Irish lawyer and politician of the early eighteenth century, is appointed Lord Chief Justice of the Court of Queen’s Bench on December 24, 1709. He is a man of great gifts, but so hot-tempered and passionate that even Jonathan Swift is said to have been afraid of him.

Brodrick is the second son of Sir St. John Brodrick of Ballyannan, near Midleton in County Cork, by his wife Alice, daughter of Laurence Clayton of Mallow, County Cork. His father receives large land grants during The Protectorate, and thus the family has much to lose if the land issue in Ireland is settled to the satisfaction of dispossessed Roman Catholics. He is educated at Magdalen College, Oxford and the Middle Temple, being called to the English bar in 1678. He and his relatives flee Ireland during the Glorious Revolution. They are attainted under the rule of King James II in Ireland. In exile in England, Brodrick argues for a speedy reconquest.

In 1690 Brodrick returns to Dublin and is given the legal office of Third Serjeant. He also becomes Recorder of Cork. He is dismissed as Serjeant in 1692, apparently on the ground that there is no work for him to do. While complaining bitterly about his dismissal, he admits privately that his post has been a superfluous one.

As a prominent Whig supporter of the outcome of the Glorious Revolution he is not always in agreement with court policies in Ireland, which he considers too lenient on the Jacobites. The dismissal of the First Serjeant, John Osborne, at the same time as Brodrick is due to his even stronger opposition to Court policy. Despite this he often holds Irish government offices and aspires to manage the Irish Parliament for English ministers. He represents Cork City in the Irish Parliament, which meets in 1692 and holds this seat until 1710. He is a vocal opponent of court policies, until the new Whig Lord Deputy of Ireland, Lord Henry Capell, decides to appoint him Solicitor-General for Ireland in 1695. He promotes penal laws against Catholics, whilst also supporting greater powers for the Irish Parliament.

Brodrick is Speaker of the Irish House of Commons from September 21, 1703. After promoting resolutions critical of the Lord Lieutenant of Ireland he loses his post as Solicitor-General in 1704. From 1707 until 1709 he is Attorney-General for Ireland. He becomes Chief Justice of Ireland in 1710 and is replaced as Speaker on May 19, 1710, but again holds the office in the next Parliament (November 25, 1713 – August 1, 1714), where he also represents Cork County. He is appointed Lord Chancellor of Ireland in 1714 and is ennobled in the Peerage of Ireland in 1715, as the 1st Baron Brodrick. He is advanced to the rank of 1st Viscount Midleton in 1717.

Brodrick feuds with his successor as Speaker William Conolly, as they are rivals to be the leading figure in Irish politics. Despite intrigues in England, he loses out and resigns as Lord Chancellor in 1725. He leaves behind him a legacy of bitterness and ill-will for which he is not really responsible as the Irish peers choose to blame him for the loss of their powers under the Sixth of George I, rather than their own misjudgment in imprisoning the Barons of the Exchequer.