Female Lay Litigant Insists on Being Described as a Lady, 1836

Female advocacy did not begin in 1919. Throughout the previous century, there run accounts of skirted lay litigants occasionally creating consternation in the manly precincts of the Four Courts.

As this story from Saunders’ Newsletter of 6 December 1836 shows, they could prove courageous opponents, capable of turning any point – including the approaching season of goodwill – to their advantage!

Mrs Reynolds, a loquacious good humoured woman, addressed the Court… for the purpose of [compelling] the receiver to pay to her a sum of money… She stated that she had not a penny to support herself, and she… looked to Baron Pennefather for a “happy Christmas”.

Mr Lyle… was interrupted by Mrs Reynolds, who said she overheard him state she had been guilty of fraud. She appeared there as her own counsel, and she would make Mr Lyle account for accusing her of such a crime, and tarnishing her spotless reputation… [Also] Mr Lyle had called her a woman.

Baron Pennefather said she should in the future be designated a lady and also intimated to her that the receiver would account for her satisfaction.

Could we possibly have this event to thank for the origin of the dread term ‘lady barrister’?

Boy Racers on Arran Quay, 1834

The entry of a stray bull into the Round Hall in 1835 proved a one-off event. Livestock, in general, were not attracted to the Four Courts.

Carriages, on the other hand, were an entirely different matter, particularly when driven by intoxicated Dublin youth attracted to the long straight stretch of quay in front of the portico.

An account of one such incident is to be found in the Clonmel Herald of 10 December 1834:

“On Saturday, about three o’clock p.m., two coal porters in the last stage of intoxication got into a dray, and put the unfortunate horse that was drawing it into full gallop, at which pace they came along Arran-Quay, to the great terror of all who happened to be passing… at this furious rate they arrived opposite the Four Courts.

The further progress of these ruffians was arrested by the car having struck against the lamp post, when a number of gentlemen, barristers and solicitors, leaving court at that moment, very properly seized the offenders and detained them…”

A shocking story – not least because it records courts sitting for business on a Saturday! Good to see our 19th century predecessors triumphing over the hardship of a six day week to emerge as the heroes of the hour!

Female Lay Litigant Accorded Precedence Over Attorney-General, 1853


Another ‘lady’ advocate story from the Evening Freeman, 12 January 1853:

“The Hon. Justice Crampton entered court shortly after twelve o’clock, and took his seat on the bench, costumed in his full dress peruke and state robes…. Mrs Winter, who had been waiting the sitting of the full court… said that she appeared to sustain a motion for an attachment against the defendant, an attorney… The Lord Chief Justice observed that he did not see why Mrs Winter could demand to be heard just then, or how she assumed precedence before the members of the bar then present. For instance, the Attorney General was then in court….

Mrs Winter claimed precedence as a lady, and said that she had always understood that the ‘sex’ took precedence even at the judicial bar (this version of the law was received with cordial merriment and cheerful concession by all present, bar included)… After a long discussion between the lady and the court, she was directed to give notice of her present motion for Thursday next, with assurance that her case should receive just and patient consideration.”

Only one of many court appearances by the redoubtable Mrs Catherine Winter!

Lawyers Exit, Pursued by a Bull, 1835


From the Dublin Pilot, via the Leeds Times, January 3, 1835:

“On Thursday week, about one o’clock, a bull on its way from Smithfield, turned into the entrance of the Four Courts, under the grand portico, and immediately put to flight the crowd of litigants who were at the time actively engaged in what is technically termed ‘hall practice’. Some of the fugitives escaped into the Court of Exchequer, others ran for protection to the Rolls… The abrupt visitor, however, seemed to have no other object in view than merely, like other illustrious strangers, to satisfy a laudable curiosity and, having traversed the scene for a few minutes, he was suddenly beset by his attendants, who unceremoniously ejected him through the portico which he entered…”

The Court of Exchequer was today’s Court 3, and the Rolls Court today’s Court 5. Courts 1, 2 and 4 do not appear to have been sitting, or perhaps the judges inside were scarier than the escaped bull?

Tragically, there exists no contemporaneous illustration of the above event, but the above cartoon by James Gillray on a different subject seems appropriate for the Round Hall’s brief but dramatic agricultural tenure!

Groom Obtains Habeas Corpus in respect of Bride, 1824

From the Dublin Evening Post, 22 June 1824, a story of young love’s struggle against parental opposition:

“Mr Sheil… moved for a Habeas Corpus against William Ormsby, the Marshal of the Four Courts Marshalsea, commanding him to bring up the body of his daughter, Jane Ormsby.

Mr Sheil said, that he moved upon the affidavit of Nicholas William Whyte, which stated, that he became acquainted with Miss Ormsby, about fourteen months ago, at Booterstown, and was introduced to her father and mother, who received his visits. Miss Ormsby formed an attachment for Mr Whyte, and entered into a contract of marriage.

Her father disapproved of Mr Whyte’s proposals and… adopted a system of rigour in her regard, which had the most pernicious effect upon her health. She was confined by him in the Marshalsea, or the house adjoining to it; and such as the impression produced by her father’s menaces, that for several days she became deranged…

[S]he had applied for a Habeas Corpus in order to effect her liberation. She was upwards of twenty-one years of age, and, therefore, her own mistress.

Judge: Is there a positive affidavit that the motion be made at her instance?

Mr Shiel: There is, my Lord.

Judge: Then let the Habeas Corpus issue, returnable forthwith.”

A joyful ending? Sadly not! When the victorious Mr Whyte subsequently turned up at the Marshalsea with the order directing that Jane Ormsby be released from her imprisonment, he found that she had already been spirited off to England with a view to marriage to another suitor.

Further research also suggests a reason why Jane’s family might have been so particular about her spouse – her father was in serious financial trouble following the recent escape of a prisoner from the Marshalsea. As Marshal, he bore a liability to compensate the creditor for the prisoner’s debt.

A case of the Marshal of the Four Courts Marshalsea successfully auctioning his daughter off to the highest bidder?