The Sun.
London, England, 1856-02-15 00:00:00

a blind judge, he could not conceive how it could be re
sisted. It might be said that Judge Pennefather need not
take these cases, but he (Sir J. Shelley) fond that the next
judge on that circuit would be Judge Torrens, who, he be-
' lieved, was still more infirriethan"Baren Pennefather ; the
return, however, which he should move for would, if
grantek show whether he had over-stated the case, though
he had been informed that Judge Torrens had frequently
been obliged to refrain from .attending to the business of
his court. He had understood that th judges in Ireland
had no retiring pension, but he found that that was not so,
and therefore it did Appear peeuliar that they should not
take advantage of it. The hon. baronet then referred to the
retirement from the bench on a pension, some years ago, of
Mr. Justice Edward Pennefather, a younger brother of
Mr. Baron Pennefather, and said that they had had of late
some examples of English judges voluntarily retiring from
the bench, and amongst others he might mention the names
of Lord Denman and Mr. Justice Patteson, as to whom all
would allow he had shown vigour and great capacity in
transacting business, for he had ably conducted the impor-
tant inquiry into the Corporation of the City of London.
(Hear, hear.) This able judge retired from the bench be-
cause he had become deaf. A friend one day said to him,
" Why, you are perfectly well, fur you can hear me ;"
and the answer was, " It is true
.I can hear you, and I can
also hear the counsel plead before me, but I find when
women and children and nervous persons are under exami-
nation, that I; do not heir them unless I snake them speak
very loud in giving theireviden,e, and this I feel to be bad
for the proper administration of justice, and therefore
shall retire.' This was highly'cornmendable in the learned
Judge. Then,. again, with regard to Mr. Justice Maule, he
had retired from the bench because' through illness, he
could not perform the business on circuit. He felt that if
lie were not able to go through the cireuit, he ought in jus-
tice to retire from the bench. He hoped that, if tbie motion
were granthd, it would have the effect of making tneee
venerable mon feel that they ought, Miotic° to the Irish
• Public, to give up their seate on the
.bench, and he could
not help thinking that the Government ought to put a stop
to those things, which might be considered'a scandal to the
Irish bench. Me regretted that weir, 'When the evening of
their lives had come upon them, and when they had had a
warning that they Would soon be called on to leave this
world, did not withdraw into private life and the society
of their friends and relations, rather than expose 'them-
selves to the public gaze.- He thought that the return he
should move for ought to be made, if only in justice - to
these venerable men, and he hoped lie had not bsen led
iuto saying anything against them which could give offence,
as the only thing against which ho regretted was, that they
Were no longer able to pert ern their duties with satisfac-
tion to thernsblves or with justice to,the public. (Hoar.)
The motion having been put by the SPEAKER,
Mr. KENNEDY said he should move as an amendment
that the words "in Ireland!' be omitted.
After a short pauses',
Nr. NAPIER rose and said he certainly expected that
these venerable judges would not have been deserted by
her Majestfe Government. (Hear, hear.) He would
State that it was of immense importance to sup-
Port the courts of justice in Ireland, . and he 'asked the
house not to allow an hon. member to subject those judges
°f the land to allegations
of misconduct and improper con-
duct. What did they expect from the people of Ireland, if
these high and venerable magistrates were to be subjected
to such attacks, and left nuprotected by her Majesty's Go-
vernment. But the hon. baronet had not been content in
dragging the infirmities of living men before the house, but
he had opened the grave to pass comments upon the dead
Upon a man who was distinguiShed in his profession.
The late Mr. Justice E. Pennefather was a learned man,
•
as upright man, an impartial man, and as good a man as
aver lived in Ireland or England, and his memory had not
been left untouched by the hon. baronet. Was that
justice? The infirmities of Justice Pennefather were not
the only ones referred to, but his own infirmities-were.
dragged before the house.
,(Hear, • hear.) He did admit
that there was a time wheel it would have been the proudest
gratification of his ambition to have hal a seat upon the
ballet', but if he had expected. such a proceeding as the
resent—such. an attack upon the bench—he would rather
cave stripped the gown. he was entitled to wear than be
subject to such a scandal. (Hear, hear.) What was this
attack upon the judges for misconduct? Had a suitor suf-
fetred ? Had any proceeding, criminal or civil, suffered?
t'o. It was not pretended in.that house that any man had
suffered any injustice. He would ask what was themeaning
of the " independence of the judges?" Was it for the per-
sonal advantage of the Judges ? No.; but it was bestowed
l'Pon them for the good of the people. The judges had to de-
cide questions between the Crown and the .subject, and,
therefore, of all men, they ought to be independent. Butlook
,Itt what a position they would place the judges if this rue-
°Ott were agreed to. A friendly Government would not
lee the infirmities of men, but if the Government were un-
!!lentll, they would wish to remove them from their posi-
,Pii. He remembered when Baron Smith was attacked iu the
tense; He remembered the memorable speech of Sir R.
Peel on that occasion, which redounded to the honour of
that great statesman. What did they propose to do in this
ease? Let them take the case of Chief Baron Lefroy. He
'id not believe that at that moment they had an abler judge
1---a jude more competent to administer every branch of
taw— thagn Chief Justice Lefrof. What was the allegation
against him ? Simply that he was an old man. Was that ,
4,s disqualification in that house ? He saw men in that house
eminent for judgmeut and wisdom, combining the experi-
slant ae with the energy of younger years. Was that
.itl.,isge? What was the eaee of Baron Pennefathei?
'I! was a very remarkable ream more so than any man In
that country. Of late 2or 3 remarkable cases had come
before him. Since the time of the Common Law Pre-
rdore Act, a consolidated Nisi Pr iue Court hsel been eats-
Jdslied and in that court he had frequently presided.
;le had asked a gentleman practising in that court whether
Baron Pennefather had shown symptoms of breaking lip,
and he was assured that he never bad shown more vigour
and ability than when presiding in the Comb of Exchequer.
No one who had presided in any court in Ireland had been
regarded with more respect and veneration than Baron
.rennetather. Let them see, what they are n. w asked to '
de. There was, first of all a motion fur an inquiry, bet
that was abandoned. During nit 'years that ho had
been judge he had never been absent but ou one oc-
casion from circuit, and then only when his only
was dangerously ill. That and one other
was the only occasion. (Hear, hear.) He did not know
that Chief Justice Lefroy had been over absent. Mr. Jus-
tree Torrens hail been three years ou the bench ; he bed
teen absent once. Six of the Irish judges had been me
booed to the House—and they expected the people of Ireland
to obey the laws which were administered by those men ;
mid this. was listened to in silence, by her Majesty's Go-
!srilinent —that six of her Majesty's judges in Ireland were
incapable !of acting from their infirrnitiese He insisted
914 the House could not, tvad ought not, to interfere
in this question.without an address to the Crown. It was
in the nature of :a criminal proceeding. And what was the
Tbure of the crime ? That they were old men. (Cheers )
0 question of incapacity was a matter of proof; and not
a shadow of proof bad been advanced against Chief Justice
,Lefroy. The house was aware that au attempt was m vie
•rog ago ,-to remove Baron Pennefather—(cheers)—an at-
tempt which was repeated more than once. Itewes the
?Pinion of the Government that ho ought Co have retired,
that, in other words, he ought,, to give way, or means
Would be found to make hind give way by the agency of
the House of Commons. (Cheers.) And what was the
testimony of the barons of his own court? Ss had a lot
ter from Chief Baron Pigot on that subject, which he
would proceed to read to the house :
" 22. Stephen's-green, Feb. 12, 1853.
"My dear Napier,—You request me to acquaint you
With my opinion of Baron Pennefather's 'capacity and the
assistance which he is able to give in discherging the jutli-
Ceial business of the Court of Exchequer.' Its ruy judgment
known
Pennefather's capacity is as great as I have ever
gnown it. I have found no diminutiou in the value of the
assistance given by him in discharging the judicial business
have
our court. I ought, think, to state, that as long as I .
'lre known him he ,has been-in the habit of desiring the
material parts of documents to be read out in court, rarely
Perusing- them on the beach, and apparently relying (pro-
bably from long practice as from early self-discipline) upon
the singular memory with which he is gifted. In the readi-
Oese, accuracy, and tenacity of that memory; in quickness
?f apprehending and collecting facts, dates, and arguments ;
iu hes.ring,tu voice, in reasoning powers, whether displayed
in consultation with his colleagues or in explaining the
grounds of his judgments; and in the use of all these fa-
culties, while applying his great knowledge and experience
to the practicaldespatch of business in the court, he exhibits
the same clearness, acuteness, and vigour which have
always distinguished him. It-is difficult to convey to those
who have not seen Um engaged in that business the amount
and the value of the aid which he contributes towards its
execution. It is unspeakably painful to sue to cemmuni-
cat° iu this manner upon such a abject as that of the
qualifications of one of my colleagues on the bench. I eel-
lect from your letter that you seek this information with a
view to an expected proceeding of which you understand
that one of the objects is to assail Baron Pennefether, and
With a desire to defend him, if so assailed. Let Ina ireely
say, that nothing else could juetiy the inquiry, or induce
ore to answer it. But I feel that I should act a tame and
Unworthy part towards a judge before I practised much in
ray busiest years at the bar, and towards a colleague from
Whose great qualities I have, received the most valuable
assistance, rendered with the most frank and cordial co-
operatien for more than nine years upon the bench, if I
Withheld this reply. I have, however, such a repugnance
te the bringing of a correspondence of this-nature before the
Public, that I cannot authorise you to make any use, cave
private one, of this letter, uoloss a reference to it in
another way shall become essential for the interests or
character of Baron Pennefather. I think the Attorney-
General ought to be apprised of any communication which
takes place between us on such a subject as this I shall,
therefore, send him a copy of this•letter, and shall state to
hint the substance of yours.-1 remain, my dear Napier,
Very truly yours, • " D. R. PlGior.
" The Right Hon. Joseph Napier, ALP:" • •
The Chief Baron had sent a copy of this letter to the
Attorney-General for Ireland. Chief. Baron Riehards
Writes as follows:
" incumbent Estates Commission, 14, Henrietta-et.,
Dublin, Feb. 4, 1856.
" Dear -Napiere--In reply tee your letter, this moment
received, I am happy to have au opportunity of expressing
My full concurrence in the general opinion entertained in
this country as to the judicial efficiency of my most excellent
friend Baron Pennefather. With regard to the unfortunate
infirmity of sight under which he has latterly laboured, I
can only say that during the time I have had the honour and
• pleasure of sitting beside hiM on the Exchequer bench, up
to the preeent moment, I have never known of any incon-
. venience to the public having arisen from that cause. His
Memory and vigour of mind are most extraordinary, and
I' can bear full testimony to his great power of taking up
facts, and to his general aptitude for business, notwith-
• standing the-infirmity to which I have allnded.—Yours
very faithfully, " JOHN RICHARDS.
For the Right Hon. Joseph Napier."
Baron Greene says .
" Stephen's-green, Feb. 4, 1856.
"-My dear Napier,—According to the Times newspaper,
Mr. T. Chambers, and not Sir J. Shelley, is to bring forward
the subject of the present state of the judicial bench in Ire-
land: It would appear from a. paragraph in the same paper,
that the motion, although general in its terms, is levelled
. Principally against our brother Pennefather. You are
aware that it was his turn to sit during the last term in the
Consolidated Nisi Prius Conetsitrotwithstanding his duties
there, he sat with us in the Exchequer almost every day
Until raie Unusually lite hour, the business .of the court
having been of more than ordinary extent. Ido not think
that I have ever known him display greater ability, judg-
- rnent, or.general efficiency than during this period. His
• Profound legal knowledge, sagacity, and wonderfulinemory
have
not been more conspicuous at any time since I first
nevr him. We have all, I feel sure, entertained the utmost
deterenceto his opinions. For myself, I can truly say that
lehould feel thegreatestdietruat in 'anyone of Inhaein which
might unfortunately differ from him, His judgmentin the
case of Kelly v. Thewles, in which I was one of his col.
leagues. excited the admiration-of all who heard or read it.
A.nd
- exposition of the law in theteoent 04110 of 'Butler T,