Francis Alexander FitzGerald

Francis Alexander FitzGerald (1807–1897) was an Irish barrister and judge, who had a distinguished legal career. He resigned from the Bench in unusual circumstance, on a point of principle.

He was the third son of Maurice FitzGerald (died 1838), Royal Physician to the

Madras, India, and his second wife Mary Burton, daughter of Edward William Burton. William FitzGerald, Bishop of Killaloe and Clonfert (1814–1883), was his youngest brother.^[1]

Early life

He was born on 5 June 1807 in

Irish Bar in 1834.^[2]

Career

He was regarded as a fine common lawyer, but his greatest expertise was in the field of

Irish Court of Appeal, but refused, as he believed that judges should not seek promotion.^[6]

Resignation

FitzGerald resigned from the Bench in 1882: according to V.T.H. Delaney this was in protest at the enactment of the Prevention of Crime (Ireland) Act 1882, which provided for trial by judge without a

capital crime.^[7] All the Irish High Court judges objected to this provision, stating in a joint letter to the Lord Lieutenant of Ireland that its enactment would greatly damage public confidence in the administration of justice;^[8] but in the wake of the Phoenix Park Murders, public opinion on all matters of law and order was strongly on the Government's side. The Act passed into law with the controversial clause intact (although it was never used in practice), and FitzGerald, who was known as a man of high principles, felt sufficiently strongly about the matter to resign.^[9]

FitzGerald died in 1897.[10]

Family

Francis Alexander FitzGerald married Janet Burton, daughter of Major Charles Burton of Williamstown, Blackrock, Dublin. Their children included:

Margaret, who married
Gerald FitzGibbon
, one of the outstanding Irish judges of his generation.
Charles Edward Fitzgerald M.D. (1843-1916), President of the Royal College of Physicians of Ireland.

They were members of the Church of Ireland.

Arms

Coat of arms of Francis Alexander FitzGerald
Crest A boar passant Gules bristled and armed Or. Escutcheon Ermine a saltire Gules. Motto Shanid À Boo ^[11]

References

^ Ball, F. Elrington The Judges in Ireland 1221-1921 London John Murray 1926 Vol. 2 p.302
^ Ball p.302
^ The Voice of the Bar Issue 1 "The Reign of Mediocrity" Dublin 1850
^ Ball p. 296
^ Ball p.302
^ Delaney, V.T.H Christopher Palles Allen Figgis and Co. 1960 p.89
^ Delaney p.90
^ Delaney p.90
^ Delaney p.90
^ Ball p.302
^ Debrett's Judicial Bench. 1869.

[1] Ball, F. Elrington The Judges in Ireland 1221-1921 London John Murray 1926 Vol. 2 p.302

[2] Ball p.302

[3] The Voice of the Bar Issue 1 "The Reign of Mediocrity" Dublin 1850

[4] Ball p. 296

[5] Ball p.302

[6] Delaney, V.T.H Christopher Palles Allen Figgis and Co. 1960 p.89

[7] Delaney p.90

[8] Delaney p.90

[9] Delaney p.90

[10] Ball p.302

[11] Debrett's Judicial Bench. 1869.

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