Richard Cherry

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Richard Robert Cherry PC, QC (19 March 1859 – 10 February 1923 )[1] was an Irish politician and judge. He was Attorney-General for Ireland from 1905 to 1909, a judge of the Irish Court of Appeal and Lord Chief Justice of the King's Bench in Ireland 1913–1916. A Liberal, he was elected as the Member of Parliament (MP) 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[edit]

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

Legal career[edit]

In 1889 Cherry became Reid Professor of Criminal and Constitutional Law at Trinity, 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. After the Easter Rising he served briefly as Lord Justice of Ireland, entrusted with emergency powers of government.

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[edit]

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 an Irish Court in the early 1900s.[3]

Reputation[edit]

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 with Healy that Cherry was not an outstanding judge, and was too inclined to 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[edit]

  1. ^ F. Elrington Ball (2005). The Judges in Ireland, 1221–1921. The Lawbook Exchange, Ltd. Retrieved 30 December 2010. 
  2. ^ Healy, Maurice The Old Munster Circuit Michael Joseph Ltd. 1939
  3. ^ The Old Munster Circuit
  4. ^ The Old Munster Circuit
  5. ^ Hogan, Daire "Richard Robert Cherry, Lord Chief Justice of Ireland" published in Mysteries and Solutions in Irish Legal History Four Courts Press 2001

External links[edit]

Parliament of the United Kingdom
Preceded by
Charles McArthur
Member of Parliament for Liverpool Exchange
19061910
Succeeded by
Max Muspratt
Legal offices
Preceded by
James Campbell
Attorney-General for Ireland
1905–1909
Succeeded by
Redmond John Barry
Preceded by
Peter O'Brien
Lord Chief Justice of Ireland
1914–1917
Succeeded by
James Campbell