THE IRISH BAR.

Auckland Star, Volume LIX, Issue 141, 16 June 1928, Page 6 (Supplement)

THE IRISH BAR.

REMINISCENCES OF A K.C. JUDGES, LAWYERS AND POLITICS. (By J. J. SULLIVAN.) The Irish Bar has always held a high place in the estimation of the people of Ireland. The personal independence of its members, their courage in advocacy, their firmness in upholding the rights of their profession, their learning, their zeal iu the cause of their clients, have always been remarkable. No matter what the conduct of the party on trial had been, his rights were asserted and his cause presented to the Court and jury in the ablest, freest and fullest manner. With the Bench there might be suspicion—as the appointments until our own time were a matter of English party politics— the jury might be distrusted, but want of confidence was never shown by the Irish t >cople in their Bar. "Pether." . The "Reminiscences of an Irish K.C." (the work of A. M. Sullivan, an Irish K.C. now practising at the English Bar, and published by Thornton Butterworth), covering an active practice in Ireland from 1892 to 1922, gives the nonIrish resident an excellent survey of "the happiest career that was open to an Irishman." In his sketches of Irish judges Mr. Sullivan says. "The Lord Chief Justice was Sir Peter O'Brien. He did not like the title that introduced his Christian name. Everyone called him Pether. He later acquired a peerage and became Baron O'Brien of Kilfarnora, in the County of Clare. It was no use. Everybody continued still to call him Pether, and so he lived and died." The Lord Chief Justice used to tell, against himself, that he was endeavouring on one occasion to obtain an answer to some questions from Mrs. Bridget Maloney. "Come now, Bridget," he began, "kindly answer me a few questions." The plaintiff stiffened in the box and turned on O'Brien a look of withering scorn, ''Bridget, indade," she exclaimed, "Mrs. Maloney, if you plase to you, Pether." Sullivan brings before us men that are more than mere names to New Zealand. "The Court of Exchequer was presided over by Christopher Palles, the Lord Chief Baron, a simple, unassuming Irish gentleman, whose name will live in the history of jurisprudence. His service to the development of the common law extended far beyond the range of the jurisdiction of his Court." Here in New Zealand his judgments are accepted and acted upon, and in a well-known New Zealand case, Kennealy versus Karaka, the Judgment of Palles in Sullivan versus Creed is quoted.

"Sir Andrew Porter, the Master of the Rolls," the learned author says,' "was a fine lawyer of noble presence and of true dignity. Dustnrbance of the decorum of his Court caused him extreme annoyance, and an interruption of a judgment meant a severe chastisement of the offender." How different was his Honor Sir Walter Stringer in the Auckland Supreme Court when interrupted on reading a judgment, and how pleasantly he met the "swan song" of defeated counsel! On one occasion Sir Andrew was delivering a judgment on the meaning • of a somewhat complicated Will/ "Now I am perfectly certain," he proceeded, "that under these circumstances the testator intended his farm to go to his nephfcw, James." "Indeed he did not, me lord," said a voice in the back of'the Court. "Bring that man forward," commanded Poster, and the delinquent was escorted to the table by the attendant iiolicenyin. "Who are you, sir?" asked ■orter. "Please, me lord, I'm the testator, and never intended James to have the farm," explained the culprit. His statement proved true. He had gone away years before to Australia, and had never written home. Under these cirru instances he liad been presumed to be (lead, and his relatives had commenced to litigate about his property.

Famous Names. The author writes of the foremost men at the Irish Bar of which he was an acknowledged leade.r, and in the book his colleagues of the day, legal giants — Bushe, McSweeney, Moviarty, Fit/gibbon, Meredith, the McDerniott, Matlieson, Redmond Barry, Henry and Healy— "pass in grand review." From 1880 to the establishment of the Free State in 1022 the best men of the Bar were not always appointed to the Bench. An appointment was made of a man who, Sullivan states had not practised for some years. The statute that the man appointed should be a practising barrister, who "ten years at least next preceding his appointment should have been in aetual practice in the Superior Court." A writ of quo warranto was bsued and strange arguments were submitted against the writ by the Attorney-General. The writ of quo warranto is not unknown in New Zealand. In the early 'nineties it was issued, and through its operations the appointment of a certain judge was rendered invalid, but not on the ground of competency. Sullivan had the largest practice in Ireland for 20 years, appearing in many well-known cases, and his sketches of incidents in Court are interesting read- * ing. He also appeared as leading counsel for the defence in the trial of Sir Roger Casement, which took place in London. Hie efforts, however, failed, and " most foolishly the man was hanged." This opinion was shared by many eminent men. The Parnell Tragedy. Some new light is thrown by Sullivan on "Parnell, that mysterious and unaccountable person popularly known as » the uncrowned King of Ireland." It is only too Well known now that one afternoon in July, 1880, the New Palace yard, the forecourt of the House of Commons, was the scene of what may be described as a memorable event in the politics of the nineteenth century. There for the first time Parnell met Mrs. Katherine O'Shea. At the very first glance they exchanged they set tire to each other. That glance ledthem ten years afterwards to the Divorce Court, which in its turn overthrew Parnell's leadership, smashed the finest masterpiece of disciplined combination the Irish party—the House of Commons' has ever seen, and broke the solidarity of the Irish race the world over.

In politics the writer of the reminiscences holds strong opinions, which are strongly expressed in his book, but with 'which many of his countrymen will disagree. It must be remembered, however, if he shows bitterness in his attacks on the new movement—on Sinn Fein—that his own cousin. Kevin QUiggins, was slain and his own house

bunted to the ground, and priceless POMesaions of his father—a great Irish*ja® went up in smoke. His practice Iri,h fear was seriously affected -S-®* anti-Sinn Fein views, ami at agt he gathered hia children set out to commence attangen."