CHAPTER THREE
THE JUDGES OF IRELAND

In the days of Queen Anne corruption was rife among Irish judges, as it was also among members of the Scottish Bench at an earlier period, and it was not uncommon to find the former concurring in Privy Council reports issued contrary to evidence. Within the area of the Munster Circuit in the early years of the eighteenth century a petition was signed and presented to Parliament by clergy, resident gentry, and others in the district, because Lord Chancellor Phipps refused to be influenced in his decision of cases coming before him, and had thereby incurred the displeasure of a certain section of the Irish Parliament. Even a Lord Chief Justice was not above taking a gift; and in this connection O'Flanagan in The Munster Circuit tells a story of Chief Justice Pyne, who was a great cattle-breeder and owner of valuable stock. One day before starting for Cork Assizes to try a case in which a Mr. Weller and a Mr. Nangle were concerned, he received a visit from the former's steward, who had been sent with a herd of twenty-five splendid heifers for his lordship. The judge was highly pleased, and returned by the steward a gracious message of thanks to his master. On the way to Cork the Chief Justice's coach was stopped by a drove of valuable shorthorns on the road. Looking out, his lordship demanded of the drover, "Whose beasts are these, my man?"—"They belong, please your honour, to a great gentleman of these parts, Judge Pyne, your honour," replied the man. "Indeed," cried the Chief Justice in much surprise, "and where are you taking them now?"—"They are grazing in my master Mr. Nangle's farm, your honour; and as the Assizes are coming on at Cork my master thought the judge might like to see that he took good care of them, so I'm taking them to Waterpark (his lordship's estate) to show to the judge." The judge felt the delicacy of Mr. Nangle's mode of giving his present, and putting a guinea in the drover's hand said, "As your master has taken such good care of my cattle, I will take care of him." When the case came on it appeared at first that the judge favoured the plaintiff, Mr. Weller, but as it proceeded he changed his views and finally decided for the defendant, Mr. Nangle. On arriving home the judge's first question was, "Are the cattle all safe?"—"Perfectly, my lord."—"Where are the beasts I received on leaving for the Cork Assizes?"—"They are where you left them, my lord."—"Where I left them—that is impossible," exclaimed the judge. "I left them on the road." The steward looked puzzled. "I'll have a look at them myself," said Chief Justice Pyne. The steward led the way, and pointed out the twenty-five fine heifers presented by Mr. Weller, the plaintiff. "But where are the shorthorns that came after I left home?"—"Bedad, the long and the short of it is, them's all the cattle on the land, except what we have bred ourselves, my lord." And so it was. Mr. Nangle, the defendant, had so arranged his gift to meet the judge on the road, but as soon as his lordship's coach was out of sight the cattle were driven back to their familiar fields. The Chief Justice had been outwitted and had no power of showing resentment.

In the manners and customs of the legal profession of Ireland in the latter part of the eighteenth century, there is also a strong similarity between the members of the Scottish Bench and their Irish brethren, in that they were heavy port drinkers; and did not hesitate to indulge in it while sitting on the Bench. It is reported of one Irish judge that he had a specially constructed metal tube like a penholder, through which he sucked his favourite liquor, from what appeared to the audience to be a metal inkstand. Another judge on being asked if, at a social gathering, he had seen a learned brother dance, "Yes," he replied, "I saw him in a reel"; while Curran referring to a third judge, who had condemned a prisoner to death, said, "He did not weep, but he had a drop in his eye."

Unblushing effrontery and a bronzed visage gained for John Scott (Lord Clonmel) while at the Bar the sobriquet of "Copper-faced Jack." He took the popular side in politics, which ordinarily would not have led to promotion in his profession; but his outstanding ability attracted the attention of Lord Chancellor Lifford, and through his influence Scott was offered a place under the Government. On accepting it at the hands of Lord Townshend, he said, "My lord, you have spoiled a good patriot." Some time after he met Flood, a co-patriot, and addressed him: "Well, I suppose you will be abusing me as usual." To which Flood replied: "When I began to abuse you, you were a briefless barrister; by abuse I made you counsel to the revenue, by abuse I got you a silk gown, by abuse I made you Solicitor-General, by abuse I may make you Chief Justice. No, Scott, I'll praise you."

When Lord Clonmel was Lord Chief Justice he upheld the undignified practice of demanding a shilling for administering an oath, and used to be well satisfied, provided the coin was a good one. In his time the Birmingham shilling was current, and he used the following extraordinary precautions to avoid being imposed upon by taking a bad one. "You shall true answer make to such questions as shall be demanded of you touching this affidavit, so help you God! Is this a good shilling? Are the contents of this affidavit true? Is this your name and handwriting?"

The family of Henn belonging to Clare have been, generation after generation, since the first of the name became Chief Baron in 1679, connected with the Irish Bench and Bar. William Henn, a descendant of the Chief Baron, was made a Judge of the King's Bench in 1767, and when on Circuit at Wexford in 1789 two young barristers contended before him with great zeal and pertinacity, each flatly contradicting the other as to the law of the case; and both at each turn of the argument again and again referred with exemplary confidence to the learned judge, as so well knowing that what was said by him (the speaker) was right. The judge said, "Well, gentlemen, can I settle this matter between you? You, sir, say positively the law is one way; and you, sir (turning to the opponent), as unequivocally say it is the other way. I wish to God, Billy Harris (leaning over and addressing the registrar who sat beneath him), I knew what the law really was!"—"My lord," replied Billy Harris, rising, and turning round with great gravity and respect, "if I possessed that knowledge, I assure your lordship that I would tell your lordship with great pleasure!"—"Then," exclaimed the judge, "we'll save the point, Billy Harris!"

Although more appropriate in the following chapter, we may here introduce a story of the younger son of the Judge Henn of the previous story. Jonathan, who was more distinguished than his elder brother—another Judge Henn—did not attain to the Bench. In early years he was indifferent whether briefs were given him or not, and indeed on one occasion he is said to have sent a message to the Attorney-General, who had called to engage him in a case, to keep "his d—d brief and to take himself to the d—l." But later he became very industrious, and his natural ability soon brought him into a large and lucrative practice. He was counsel for the Government at the trial of John Mitchell, and at its close the wags of the Court declared that "Judge Moore spoke to the evidence, but Jonathan Henn charged the jury."