James Henry Monahan
Encyclopedia
James Henry Monahan was one of the outstanding Irish judges of his time, and one of the first Roman Catholics to achieve judicial eminence.

Background and education

Monahan was born in Portumna
Portumna
Portumna is a market town in the south-east of County Galway, Ireland, on the border with County Tipperary. The town is located to the west of the point where the River Shannon enters Lough Derg. This historic crossing point over the River Shannon between counties Tipperary and Galway has a long...

, the son of Michael Monahan and his wife Mary Bloomfield. He went to school in Banagher
Banagher
Banagher is a town in Ireland, located in the midlands on the western edge of County Offaly in the province of Leinster, on the banks of the River Shannon. The name Banagher comes from its Irish name which translates to English as "the place of the pointed rocks on the Shannon"...

 and graduated from the University of Dublin.

Judicial career

Monahan was called to the Bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...

 in 1828 and became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 in 1840. He was appointed Solicitor-General for Ireland
Solicitor-General for Ireland
The Solicitor-General for Ireland was the holder of an Irish and then United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. At least one holder of the office, Patrick Barnewall played a significant role in...

 in 1846 and Attorney-General for Ireland
Attorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...

 in 1847, and briefly represented Galway in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

. During this period he was principal counsel for the Crown at numerous State trials, including those of John Mitchel
John Mitchel
John Mitchel was an Irish nationalist activist, solicitor and political journalist. Born in Camnish, near Dungiven, County Londonderry, Ireland he became a leading member of both Young Ireland and the Irish Confederation...

, Thomas Francis Meagher
Thomas Francis Meagher
-Young Ireland:Meagher returned to Ireland in 1843, with undecided plans for a career in the Austrian army, a tradition among a number of Irish families. In 1844 he traveled to Dublin with the intention of studying for the bar. He became involved in the Repeal Association, which worked for repeal...

, Charles Gavan Duffy
Charles Gavan Duffy
Additional Reading*, Allen & Unwin, 1973.*John Mitchel, A Cause Too Many, Aidan Hegarty, Camlane Press.*Thomas Davis, The Thinker and Teacher, Arthur Griffith, M.H. Gill & Son 1922....

, 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
Chief Justice of the Irish Common Pleas
The Chief Justice of the Common Pleas for Ireland was the senior judge of the Court of Common Pleas ,known in its early stage as the Common Bench or simply Bench, one of the senior courts of common law in Ireland. It was a mirror of the Court of Common Pleas in England...

 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, 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
William Keogh
William Keogh PC was an unpopular and controversial Irish politician and judge, whose name became a byword for betraying one's political principles.- Background :...

. 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". 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". 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
Glasnevin
Glasnevin is a largely residential neighbourhood of Dublin, Ireland.-Geography:A mainly residential neighbourhood, it is located on the Northside of the city of Dublin . It was originally established on the northern bank of the River Tolka...

each week.
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