Richard Cherry

Richard Robert Cherry PC, QC (19 March 1859 – 10 February 1923 )^[1] was an Irish politician and judge. He was Attorney-General for Ireland, a judge of the Irish Court of Appeal and Lord Chief Justice of the King's Bench in Ireland 1913-1916. He was appointed Attorney-General in 1905. He was elected Member of Parliament for Liverpool Exchange in 1906. Cherry published works include Lectures on the Growth of Criminal Law in Ancient Communities, 1890, and a book on the Irish Land Acts which was described as an indispensable part of every Irish barrister's library.^[2]

Background and education

Cherry was born in Waterford, the second son of Robert William Cherry, a solicitor; the family was of French Hugenot origin. He was a graduate of the University of Dublin, where he had been auditor of the College Historical Society.

Legal career

In 1889 Cherry became Reid Professor of Criminal and Constitutional Law, and published two books on criminal law. He was called to the Bar in 1881 and became Queen's Counsel in 1896. His promising career was according to his family damaged by his staunch opposition to the Boer War, although this did not prevent his appointment as Attorney General for Ireland in 1905 or his election to the House of Commons the following year. His elevation to the Bench in 1909 was said to be due to the extreme pressure of work; possibly he was already suffering from ill-health although it was not until some years later that he was diagnosed with what was described as " slow paralysis". His illness did not prevent his promotion to Lord Chief Justice; however he served only three years, retiring it appears partly through ill-health and partly because the Government was very anxious to promote James Campbell to the Chief Justice's office.

His retirement was as active as his health allowed: he divided his time between a summer house at Greystones, County Wicklow, and his town house at St. Stephen's Green, where he died. He married Mary Cooper in 1886; their daughter Mary published a biography of her father in 1924.

Bodkin's case

As Attorney General Cherry became embroiled in the politically embarrassing case of Matthias Bodkin, a barrister and well-known journalist, who was appointed a County Court judge, only to find his appointment challenged almost at once on the grounds that he was not, as the law requires, a " practicing barrister " The case eventually settled, but not before Cherry's conduct of it had come in for criticism. A..M. Sullivan,one of the counsel involved, called his arguments " nonsense "; Maurice Healy wrote that his argument that the royal prerogative could not be questioned " would have rejoiced the heart of James I " but did not impress a Court in the early 1900s.^[3]

Reputation

Maurice Healy, who had first-hand experience of Cherry as a judge, did not rate him highly. While praising his textbooks he considered him a plodding barrister and well-meaning but ineffectual law officer and judge : " his knowledge of his fellow men was not extensive , and erred towards charity.".^[4] More recently Hogan in a much fuller account gives a far more favourable picture: he argues that Cherry's rapid rise in his profession suggests a much greater degree of success than Healy allows and that his speeches and judgments show a man of intelligence and originality. Hogan agrees that Cherry was not an outstanding judge and was too inclined to briefly agree with his colleagues but argues that his few long judgments are of high quality, especially those on land law, on which he was an acknowledged expert.^[5]

References