James Henry Monahan

James Henry Monahan (1803 – 8 December 1878) was one of the outstanding Irish judges of his time, and one of the first Roman Catholics to achieve judicial eminence.

Contents

Background and education

Monahan was born in Portumna, the son of Michael Monahan and his wife Mary Bloomfield. He went to school in Banagher and graduated from the University of Dublin.

Judicial career

Monahan was called to the Bar in 1828 and became a Queen's Counsel in 1840. He was appointed Solicitor-General for Ireland in 1846 and Attorney-General for Ireland in 1847, and briefly represented Galway in the House of Commons. During this period he was principal counsel for the Crown at numerous State trials, including those of John Mitchel, Thomas Francis Meagher, Charles Gavan Duffy, and William Smith O"Brien, and noted for self-control even in times of acute crisis.

In 1850 Monhan was appointed Chief Justice of the Irish Common Pleas and held office till 1873. He was agreed to be one of the best Irish judges of his time: Elrington Ball states that during his long career he had the complete confidence of the Bar and the public,[1] and it is notable that the Fenian trials of 1865-6 did not damage his reputation as they did that of his colleague William Keogh. He had the reputation of "a thoroughly learned lawyer" but also one who brought strong common-sense to bear on a problem. Even Lord Westbury, the English Lord Chancellor, said patronisingly that Monahan "did know his law".[2] Impulsive and hot-tempered off the Bench, he was usually calm and controlled on it, and famed for his ability to "crush" counsel. Under stress according to one vivid description, he would "pace up and down the bench like a caged lion".

Of the civil trials he presided over the one which aroused the most interest was the Longworth-Yelverton case, one of several cases heard in a number of countries where Major Yelverton, hoping to make a wealthy marriage, tried to rid himself of the inconvenience of his existing marriage to Miss Longworth. In Ireland at least he failed, as the lady's first-class legal team convinced the jury that the marriage was valid.

Personality and family life

Off the bench Monahan was a somewhat alarming person: fierce in manner, impulsive, and give to peppering his conversation with swearwords. Lord Westbury, while grudgingly admitting his legal ability, referred to him as "that voluble Irish savage".[3] Friends, however, insisted that the fierce manner concealed a genuine warmth of character.

He married Fanny Harrington in 1833 and they had two sons and six daughters. The marriage was a happy one and Fanny's death was a great blow to her husband; during his last years he visited her grave at Glasnevin each week.

References

  1. ^ Ball, F. Elrington "The Judges in Ireland 1221-1921" John Murray, London, 1926
  2. ^ Delaney, V.T.H. " Christopher Palles " Allan Figgis , Dublin 1960
  3. ^ Delaney, op. cit.
Parliament of the United Kingdom
Preceded by
Martin Joseph Blake
Sir Valentine Blake, Bt
Member of Parliament for Galway Borough
February–August 1847
With: Martin Joseph Blake
Succeeded by
Martin Joseph Blake
Anthony O'Flaherty
Political offices
Preceded by
Abraham Brewster
Solicitor-General for Ireland
1846–1847
Succeeded by
John Hatchell
Preceded by
Richard Moore
Attorney-General for Ireland
1847–1850
Succeeded by
John Hatchell
Preceded by
John Doherty
Chief Justice of the Irish Common Pleas
1850–1873
Succeeded by
Michael Morris