From the North Down Herald and County Down Independent, 2 August 1907, this extract from Jonah Barrington’s ‘Personal Sketches and Recollections of his Own Time’ describing Thomas Kelly, justice of the Common Pleas in Ireland 1783-1801:
“One of the most remarkable and humane judges I ever saw upon the Irish bench was the late Justice Kelly, of the Common Pleas, who acquired professionally a very large fortune, and died at a great age, beloved and regretted by every being who had known him…
He was no common man. Numerous anecdotes have been told of him – many singular ones I myself witnessed, but none which did not do credit to some just or gentlemanly feelings. He had practised several years in the West Indies, and studying at the Temple on his return, was in due season admitted to the Irish bar, to the head of which he rose with universal approbation…
Nobody was satisfied who had not Tom Kelly for his advocate in the courts; no suitor was content who had not Tom Kelly’s opinion as to title; all purchasers of property must have Tom Kelly’s sanction for their speculations. In a word, he became both an oracle and a fortune-teller; his court-bag grew too heavy for his strength, but he got through every case gallantly and cheerfully; he was always prepared; his perseverance never yielded, his arguments seldom failed, his spirits never flagged…
At length it was found so unpopular to leave him at the bar that he was first appointed Solicitor-General, and then mounted on the bench of the Common Pleas, where, having sat many years, he retired to his beautiful country residence near Stradbally, Queen’s County, and lived as a country gentleman in hospitable magnificence…
After Judge Kelly had assumed the bench the public began to find out that his legal knowledge had been over-rated; his opinions were overruled, his advice thought scarce worth having, his deductions esteemed illogical; in short he lost altogether the character of an infallible lawyer, but had the happiness of thinking he had confirmed a reputation for honour, justice and integrity. He used to say, laughingly, ‘So they find out now that I am not a very staunch lawyer. I am heartily glad they did not find it out thirty years ago.’
He loved the world, and this was only gratitude, for the world loved him; and no body ever yet enjoyed his existence with more cheerfulness and composure. ‘Egad!’ he used to say… ‘I’d rather be a young shoeboy than an old judge.’
He always most candidly admitted his legal mistakes. I recollect my friend William Johnston once pressing him very fiercely to a decision in his favour, and stating as an argument, in his usual peremptory tone to judges he was not afraid of, that there could be no doubt on the point -precedent was imperative in the matter, as his lordship had decided the same points in the same way twice before.
‘So, Mr Johnston,’ said the judge, looking archly, shifting his seat somewhat, and shrugging up his right shoulder, ‘so, because I decided wrong twice, Mr Johnson, you’d have me so a third time? No, no Mr Johnson! You must excuse me. I’ll decide the other way this bout.’ And so, he did.“
Jonah Barrington’s wonderful memoirs, detailing many other legal characters from late 18th and early 19th century Ireland, are available to read free of charge at this link. Highly recommended!
Image Credit: Whytes
Leave a Reply