seamus dubhghaill

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

Tag Archives: Tichborne Case


by Leave a comment

Birth of James Charles Mathew, Irish-Born Judge

James Charles Mathew, Irish-born judge renowned for founding the Commercial Court in England and for his transformative contributions to legal procedure and commercial law, is born on July 10, 1830, at Lehenagh House, Cork, County Cork.

Mathew’s family spends time abroad while his father manages business interests. He comes from a Roman Catholic family. His uncle is Theobald Mathew, the famous temperance campaigner. At the age of fifteen, he enters Trinity College Dublin (TCD), where he excels as a gold medalist and senior moderator, graduating in 1850. He then studies law at Lincoln’s Inn, London, and is called to the English Bar in 1851, building a strong foundation for a legal career despite a slow start at the junior bar.

Initially, Mathew’s legal career progresses slowly, though he is active in debating as a founding member of the Hardwicke Society. He handles numerous jury cases at the Guildhall sittings in London, where he gains experience in commercial law. He becomes treasury counsel during the Tichborne Claimant prosecution in 1873, noted for his composed handling of arguments without quarrel with opposing counsel. Despite opportunities, he refrains from applying for Queen’s Counsel due to a naturally weak voice, though his legal acumen and advocacy are highly respected.

In March 1881, Mathew is appointed to the Queen’s Bench Division of the High Court of Justice and is knighted. He becomes known for his keen judgment, practical approach to legal issues, and eventual standing as one of the best nisi prius judges of his time. In 1895, he persuades fellow judges to establish a Commercial List, the precursor to today’s Commercial Court, and serves as the first judge presiding over it. He advances efficiency in commercial law by minimizing procedural delays, focusing on substantive issues, and producing concise judgments that inspire confidence in the mercantile community.

Mathew also chairs a 1892 royal commission on the evicted tenants in Ireland, despite challenges and disputes with landlords and Edward Carson. His recommendations influence the Wyndham Land Purchase Act (1903). In 1901, he is appointed to the Court of Appeal and continues to emphasize clarity and practicality in legal proceedings until a stroke in 1905 forces his resignation.

Mathew marries Elizabeth Biron in December 1861, with whom he has two sons and three daughters. His family includes notable figures, such as his daughter Elizabeth, who marries Irish MP John Dillon, and his grandson, James Matthew Dillon, a later politician. He has a deep cultural appreciation, enjoying music and literature, and maintains friendships across religious and political divides.

Mathew dies on November 9, 1908, at his London home, aged 78. He is buried in St. Joseph’s Cemetery, Cork. His legacy is most strongly associated with founding the Commercial Court, reforming commercial law procedures, and demonstrating a balanced mixture of legal rigor and practical common sense that influenced generations of judges and barristers. His contributions remain a cornerstone in the evolution of modern English and Welsh commercial law.


by Leave a comment

Death of Sir James Charles Mathew, Barrister & Judge

Sir James Charles Mathew, barrister and judge, dies in London on November 9, 1908.

Mathew is born on July 10, 1830, at Lehenagh House, County Cork, eldest son of Charles Mathew, gentleman, of Lehenagh House and Castlelake, County Tipperary, and his wife Mary, daughter of James Hackett of Cork. He is of a Roman Catholic family and his uncle is Fr. Theobald Mathew, the temperance movement campaigner. His initial education is at a private school in Cork. He enters Trinity College Dublin (TCD) in July 1845, graduating BA (1850) as a gold medalist and senior moderator. In Hilary term 1850 he is admitted to the King’s Inns in Dublin. He moves to London, entering Lincoln’s Inn on June 1, 1851, and is called to the English bar in Hilary term 1854.

Mathew is a founding member of the Hardwicke Society, a legal debating society, and builds up a substantial practice as a junior barrister, being much in demand as counsel for jury cases in the Guildhall sittings. Despite being highly regarded by his peers, a certain lack of confidence holds him back and even when vacancies arise, he does not apply to be made a Queen’s Counsel (QC). In 1873, however, he represents the treasury as a junior counsel in the prosecution of the Tichborne claimant, Arthur Orton, in one of the most celebrated legal cases of the day. He is the only counsel for the treasury who does not get into heated arguments in court with Orton’s leading council, Dr. Edward Vaughan Hyde Kenealy.

Mathew possesses an encyclopedic knowledge of legal procedure and in 1881 is made a bencher at Lincoln’s Inn and awarded an honorary doctorate by TCD. Although still only a junior counsel he is appointed a judge in the Queen’s Bench Division in March 1881 and knighted. After the return to office of the Liberal Party in August 1892 he becomes chairman of the commission established to investigate the state of evicted tenants in Ireland. His appointment is perhaps unfortunate, as he is a home ruler in politics and the home rule MP John Dillon is his son-in-law. When the commission begins its hearings on November 7, 1892, he announces that he will not allow witnesses to be cross-examined. This provokes protests from Edward Carson, who had recently been replaced as solicitor general for Ireland. Counsel is ordered to withdraw and eventually two members of the commission resign, while the landlords refuse to cooperate with the proceedings. Despite severe criticism, many of the commission’s recommendations are incorporated in the Wyndham Land Purchase Act of 1903.

Throughout his legal career, Mathew argues for the establishment of a separate commercial court and eventually succeeds in convincing the other members of the bench and also Lord Russell of Killowen, who is appointed Lord Chief Justice in 1894, that such a court be established. As a result of this, he is appointed as the first judge of the Commercial Court when it is set up in 1895. In 1901 he is made a privy councilor and appointed judge in the Court of Appeal.

On December 6, 1905, Mathew is seized with a paralytic stroke at the Athenaeum Club in London, and his resignation is announced on the following day. On November 9, 1908, he dies at his London home, 46 Queen’s Gate Gardens. His remains are returned to Ireland, where they are interred in St. Joseph’s Cemetery, Cork.

Mathew marries Elizabeth Blackmore, eldest daughter of the Rev. Edwin Biron, JP and vicar of Lympne near Hythe, Kent, in December 1861. They have two sons and three daughters. His eldest daughter, Elizabeth Mathew, marries John Dillon. A portrait of Sir James Charles Mathew, by Frank Holl, is in the possession of the family. In 1896 a cartoon portrait of him by ‘Spy’ appears in Vanity Fair.

(From: “Mathew, Sir James Charles” by David Murphy, Dictionary of Irish Biography, http://www.dib.ie | Pictured: Sir James Charles Mathew by Alexander Bassano, half-plate glass negative, 1883, National Portrait Gallery, London)


by Leave a comment

Birth of Edward Kenealy, Barrister & Writer

edward-kenealy

Edward Vaughan Hyde Kenealy, Irish barrister and writer, is born in Cork, County Cork on July 2, 1819. He is best remembered as counsel for the Tichborne case and the eccentric and disturbed conduct of the trial that leads to his ruin.

Kenealy is the son of a local merchant. He is educated at Trinity College Dublin and is called to the Irish Bar in 1840 and to the English Bar in 1847. He obtains a fair practice in criminal cases. In 1868 he becomes a QC and a bencher of Gray’s Inn. He practises on the Oxford circuit and in the Central Criminal Court.

Kenealy suffers from diabetes and an erratic temperament is sometimes attributed to poor control of the symptoms. In 1850 he is sentenced to one month imprisonment for punishing his six-year-old illegitimate son with undue severity. He marries Elizabeth Nicklin of Tipton, Staffordshire in 1851 and they have eleven children, including novelist Arabella Kenealy (1864–1938). They live in Portslade, East Sussex, from 1852 until 1874. He commutes to London and Oxford for his law practice but returns at weekends and other times to be with his family.

In 1850, Kenealy publishes an eccentric poem inspired by Johann Wolfgang von Goethe, Goethe, a New Pantomime. He also publishes a large amount of poetry in journals such as Fraser’s Magazine. He publishes translations from Latin, Greek, German, Italian, Portuguese, Russian, Irish, Persian, Arabic, Hindustani and Bengali. It is unlikely he is fluent in all these languages.

In 1866, Kenealy writes The Book of God: the Apocalypse of Adam-Oannes, an unorthodox theological work in which he claims that he is the “twelfth messenger of God,” descended from Jesus Christ and Genghis Khan. He also publishes a more conventional biography of Edward Wortley Montagu in 1869.

During the Tichborne trial, Kenealy abuses witnesses, makes scurrilous allegations against various Roman Catholic institutions, treats the judges with disrespect, and protracts the trial until it becomes the longest in English legal history. His violent conduct of the case becomes a public scandal and, after rejecting his client’s claim, the jury censures his behaviour.

Kenealy starts a newspaper, The Englishman, to plead his cause and to attack the judges. His behaviour is so extreme that in 1874 he is disbenched and disbarred by his Inn. He forms the Magna Charta Association and goes on a nationwide tour to protest his cause.

At a by-election in 1875, Kenealy is elected to Parliament for Stoke-upon-Trent with a majority of 2,000 votes. However, no other Member of Parliament will introduce him when he takes his seat. Benjamin Disraeli forces a motion to dispense with this convention.

In Parliament, Kenealy calls for a Royal commission into his conduct in the Tichborne case, but loses a vote on this by 433–3. One vote is Kenealy’s, another that of his teller, George Hammond Whalley. The third “aye” is by Purcell O’Gorman of Waterford City. During this period, he also writes a nine-volume account of the case.

Kenealy gradually ceases to attract attention, loses his seat at the 1880 general election and dies in London on April 16, 1880. He is buried in the churchyard of St. Helen’s Church, Hangleton, East Sussex.