150:
272:, Henry and John, who were hanged in July 1798 for their part in the Rebellion. The Rebellion left him with a deep suspicion of most leading Catholic politicians, apart from O'Connell. He visited England in 1807, where he fell seriously ill, and was unable to perform his judicial duties for almost a year. In 1814 he was one of the judges who sat at the trial of the publisher John Magee for
141:. Despite his love of pleasure, his kindly nature is shown by his organising a charitable subscription for the relief of a poor family who were found starving near the Temple. His obvious enjoyment of life came at a heavy cost, as it caused him to neglect his legal studies. Despite his rise to the top of the legal profession, his ignorance of the law was proverbial.
423:
his descendant, Colonel George Day). Nonetheless, there is ample evidence of his kindly and charitable nature, and of his great gift for friendship. In his later years, he inclined more and more to religion. Kenny adds that the descriptions we have of his pleasure-filled youth in London give an attractive picture of a lively and fun-loving young man.
677:"Trial of Rowan Cashel Gent. Attorney: Who Stood Indicted for the Wilful Murder of Henry Arthur O'Connor Esq., Late of Tralee in the County of Kerry in a Duel on the 7th of August 1815, at the Assizes Held at Tralee on the 26th of March 1816 Before the Hon. Mr. Justice Day, Second Justice of His Majesty's Court of King's Bench" Printed at Cork 1816
303:
As a judge, Day was praised for his integrity, but not for his ability. Daniel O'Connell said that one could always win a case in front of Day by insisting on making the closing argument since Day, by his own admission, generally agreed with whoever spoke last (as
Geoghegan remarks, many barristers
422:
Ball, writing in the mid-1920s, describes Day as a man who was "estimable in every way". Whether Ball was aware of his unconventional domestic life is unclear (the first published references to Day's relationship with Mary
Fitzgerald was in the 1938 memoir of the judge by Ella Day, who had married
200:
in 1790. His success as a lawyer puzzled his acquaintances, who, though nearly all of them liked him, had no regard for his legal learning. Daniel O'Connell, a good friend of his, said that "my poor friend Day is quite innocent of the law" (admittedly O'Connell had a poor opinion of Irish judges
240:, which delayed Catholic Emancipation for a generation, something he regretted in later life. He retained considerable political influence after he went on the Bench, especially in Tralee, where most of the houses were owned by his son-in-law, Sir Edward Denny. In 1807 he effectively sold the
343:
to keep the peace, thus making the death of D'Esterre inevitable. "Was there ever such a scene?" O'Connell asked later. Day lived long enough to welcome
Catholic Emancipation, and was generous in his praise of O'Connell for his crucial role in achieving it.
338:
with John D'Esterre in
January 1815. When Dublin was rife with news of the impending duel, Day was sent to arrest O'Connell, with the aim of preventing it. O'Connell insisted that he was not the aggressor in the matter, and Day, seemingly satisfied, merely
391:, who became his second wife in 1824. The boys were born in the late 1790s during his first wife's lifetime, so Polly was surely aware of their paternity. He made provision for both sons in his will, and they adopted the surname Day. Mary, who was a
382:
Although Day's first marriage was apparently happy (certainly he always speaks affectionately of Polly in his diary), he had two sons, John and Edward, by Mary (nicknamed "Moggy") Fitzgerald, daughter of
Bartholomew Fitzgerald, a
805:
810:
296:, Rowan Cashel. Cashel, a notoriously quarrelsome young man, had killed his friend Henry Arthur O'Connor in a duel. He was acquitted, as was usual at the time in an affair of honour, after a charge to the
236:, which he hoped would benefit the Catholic peasantry. However, he distrusted most democratic principles, and, due probably to his fear of another 1798 Rebellion, he supported the
157:
He returned to
Ireland after spending about five years in England. He settled into a more sedate way of life, having married Mary (Polly) Pott, daughter of the leading English
188:
of Tralee, into which his daughter married. He was regarded as a reliable "Government man", and as a result he was appointed a commissioner for revenue appeals and an
371:
He died at
Loughlinstown House in 1841, aged almost ninety-five. By his first wife Mary (Polly) Pott, who died in 1823, he had a daughter Elizabeth, who married
121:. He was a lively young man and not apparently much interested in learning the law, preferring to see the sights of London, attend debates in the
398:
John, their elder son, followed the family tradition of entering the Church. He inherited from the senior branch of the family their property at
815:
319:
often consisted of a political harangue on the evils of sedition. J.P. Kenyon notes that in
England it was a long-standing tradition for the
78:. Robert and Edward were close throughout their lives, and Edward's death in 1808 was a great blow to Robert. A third brother, John Day, was
217:
785:
411:
213:
264:
in 1798, and almost immediately afterwards he was appointed to the
Special Commission established to deal with the aftermath of the
196:. Despite his early neglect of his legal studies and his reputed ignorance of the criminal law, he became Chairman of the Dublin
55:
153:
Day's father-in-law, Percivall Pott, one of the foremost
English surgeons of his time, noted especially for his work on cancer
790:
403:
220:. He remained a close friend and political ally of Grattan and like him was a member of the popular drinking club called the
825:
820:
245:
780:
359:
for many years. An extract covering the years 1808–1813 was published in 2002, and the full diaries, together with his
261:
775:
376:
372:
324:
47:
395:, had lived with the family for many years as a companion and later nurse to Polly. She died in 1849.
105:, a town with which he retained a lifelong connection, and where he had close family ties. He entered
327:, was also given to treating grand juries to political harangues: his address to the grand jury of
122:
265:
399:
209:
106:
97:
by a local family (a custom which was still common in eighteenth-century Kerry) and spoke only
241:
225:
75:
34:, who thought him a poor lawyer and an equally poor judge, had high personal regard for him.
800:
795:
320:
126:
46:, the third boy among the seven children of the Reverend John Day of Lohercannon, Tralee,
8:
388:
202:
109:
in 1761, became a scholar in 1764 and graduated Bachelor of Arts in 1766. He entered the
71:
31:
463:
George Herbert Dublin 1862 Reprinted with an Introduction and notes by J.A. Murphy 2011
407:
249:
233:
221:
83:
79:
503:
Mr Justice Robert Day (1746-1841) The Diaries and Addresses to Grand Juries 1793-1829
252:. Wellington later complained about the expense involved in getting himself elected.
237:
181:
58:(died 1729) and his wife Elizabeth Crosbie. The Day family had come to Ireland from
51:
276:, where despite their friendship he clashed bitterly with Daniel O'Connell, who was
269:
197:
138:
691:
323:
to address grand juries in a similar fashion. His colleague on the Irish Bench,
308:
293:
277:
273:
193:
87:
806:
Members of the Parliament of Ireland (pre-1801) for County Galway constituencies
811:
Members of the Parliament of Ireland (pre-1801) for County Kerry constituencies
392:
355:
House in south County Dublin, and at Day Place, Tralee. He kept an interesting
348:
328:
185:
161:
134:
130:
98:
690:
2nd Edition Cambridge University Press 1986 p.443, quoting the address by Sir
769:
352:
118:
110:
62:
in the seventeenth century. Robert's grandfather Edward Day was a prosperous
340:
316:
281:
165:
43:
59:
30:, who was a highly respected figure throughout his very long life. Even
360:
334:
His personal friendship with O'Connell even survived O'Connell's fatal
312:
149:
125:
and make frequent trips to the Continent. He patronised the well-known
384:
177:
94:
67:
23:
470:
Oxford Dictionary of National Biography Oxford University Press 2004
695:
189:
63:
158:
289:
229:
184:
in 1790. He was legal and financial advisor to the influential
169:
114:
102:
498:
North Munster Antiquarian Journal Vol.42 2002 pp. 151–174
172:, and his wife Sarah Cruttenden, in 1774. Polly brought him a
356:
173:
27:
288:. In the same year, he presided at the celebrated trial for
335:
297:
454:
Mr Justice Day of Kerry 1745-1841- a discursive memoir
144:
82:
in 1807. Their mother's family, a branch of the great
496:
Diary of Mr. Justice Robert Day of Kerry (1746-1841)
205:
had a similarly low opinion of Day's legal ability.
268:. He was also the junior judge at the trial of the
137:, where he is said to have enjoyed the company of
54:, and his wife Lucy, one of the many daughters of
767:
475:King Dan- the rise of Daniel O'Connell 1775-1829
366:
228:and of other measures, such as the abolition of
347:He retired from the Bench in 1818. He lived at
117:, often in the company of his lifelong friend
66:; his paternal grandmother was Ellen Quarry of
101:until he was seven. He then went to school in
410:and Mary Chetwode. He was the grandfather of
280:. In 1816 he presided at the much publicised
641:
639:
532:
530:
528:
526:
459:Day, John Robert Fitzgerald ("Fitz-Erin"
636:
412:Charles Towry-Law, 4th Baron Ellenborough
311:he became preoccupied with the danger of
599:
523:
402:. He married Lucy Thompson, daughter of
148:
56:Maurice FitzGerald, 14th Knight of Kerry
645:"New book details life of famed judge"
616:
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583:
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510:Cambridge Dictionary of Irish Biography
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556:
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544:
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482:King's Inns and the Kingdom of Ireland
449:107th Edition, reprinted Delaware 2003
16:Irish politician, barrister, and judge
22:(1746–1841) was an Irish politician,
609:
576:
208:He entered politics, sitting in the
539:
363:addresses, were published in 2004.
304:still employ O'Connell's tactics).
145:Legal practice and political career
113:in 1769 and spent several years in
70:. Among Robert's four brothers was
13:
816:Justices of the Irish King's Bench
260:He was appointed a justice of the
224:. He was a convinced supporter of
14:
837:
489:Wellington- the Years of the Swor
375:, and had six children including
786:Alumni of Trinity College Dublin
484:Irish Academic Press Dublin 1992
86:, had held the hereditary title
753:
741:
728:
719:
710:
701:
681:
670:
434:The Judges in Ireland 1221-1921
379:. She died in England in 1828.
262:Court of King's Bench (Ireland)
176:of £5000. He was called to the
661:
652:
623:
563:
90:since the thirteenth century.
1:
377:Sir Edward Denny, 4th Baronet
373:Sir Edward Denny, 3rd Baronet
367:Death, marriages and children
37:
791:Members of the Middle Temple
417:
232:, and the discouragement of
7:
508:Woods, C.L. "Day, Robert"
300:by Day in Cashel's favour.
10:
842:
826:19th-century Irish lawyers
821:18th-century Irish lawyers
426:
180:the same year, and became
781:Lawyers from County Kerry
631:Memoir of Mr. Justice Day
516:
441:Landed Gentry of Ireland
255:
164:, noted for his work in
123:British House of Commons
688:The Stuart Constitution
494:O'Carroll, Gerald, ed.
477:Gill and Macmillan 2008
436:London John Murray 1926
331:in 1814 caused uproar.
266:Irish Rebellion of 1798
491:d Panther edition 1971
473:Geoghegan, Patrick M.
468:Robert Day (1746-1841)
400:Beaufort, County Kerry
210:Irish House of Commons
154:
107:Trinity College Dublin
487:Longford, Elizabeth
315:and his addresses to
242:Parliamentary borough
226:Catholic Emancipation
168:and on the causes of
152:
76:Archdeacon of Ardfert
776:Irish King's Counsel
505:Polymaths Press 2004
321:justice of the peace
127:Grecian Coffee House
667:Geoghegan pp. 134-5
501:O'Carroll, Gerald
432:Ball, F. Elrington
389:Bandon, County Cork
351:in Dublin city, at
203:John Philpot Curran
749:Killarney Sketches
736:Killarney Sketches
698:grand jury in 1677
466:Ferguson, Kenneth
461:Killarney Sketches
443:Vol. 3 London 1849
408:Archdeacon of Cork
250:Duke of Wellington
234:absentee landlords
222:Monks of the Screw
155:
84:FitzGerald dynasty
238:Act of Union 1800
52:Ardfert Cathedral
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404:William Thompson
325:William Fletcher
270:Sheares brothers
201:generally), and
198:Quarter Sessions
139:Oliver Goldsmith
32:Daniel O'Connell
841:
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447:Burke's Peerage
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309:Napoleonic Wars
278:defence counsel
274:seditious libel
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194:Admiralty Court
147:
88:Knight of Kerry
42:He was born in
40:
17:
12:
11:
5:
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725:O'Carroll 2004
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658:Longford p.168
651:
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622:
620:Kenny pp.180-1
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393:Roman Catholic
368:
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349:Merrion Square
341:bound him over
329:County Wexford
286:Rex v. O'Grady
257:
254:
248:to the future
216:and later for
212:as member for
182:King's Counsel
162:Percivall Pott
146:
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131:Devereux Court
39:
36:
15:
9:
6:
4:
3:
2:
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480:Kenny, Colum
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452:Day, Ella B.
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353:Loughlinstown
350:
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292:of the Kerry
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192:of the Irish
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132:
128:
124:
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119:Henry Grattan
116:
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111:Middle Temple
108:
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89:
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81:
80:Mayor of Cork
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35:
33:
29:
25:
21:
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647:The Kerryman
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573:(2002) p.151
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317:grand juries
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285:
282:quo warranto
259:
207:
186:Denny family
166:orthopaedics
156:
92:
44:County Kerry
41:
19:
18:
801:1841 deaths
796:1746 births
707:Ball p.338
456:Exeter 1938
307:During the
93:Robert was
60:East Anglia
770:Categories
759:Ball p.181
605:Dictionary
569:O'Carroll
560:Ball p.229
361:grand jury
313:revolution
72:Edward Day
48:Chancellor
38:Early life
20:Robert Day
418:Character
385:physician
178:Irish Bar
68:Cork city
24:barrister
696:Cheshire
649:4/5/2005
294:attorney
190:advocate
133:off the
95:fostered
64:merchant
427:Sources
218:Ardfert
159:surgeon
603:Woods
439:Burke
290:murder
284:case,
246:Tralee
230:tithes
170:cancer
135:Strand
115:London
103:Tralee
747:Day,
694:to a
629:Day,
571:Diary
517:Notes
357:diary
256:Judge
174:dowry
99:Irish
28:judge
734:Day
633:p.69
512:2009
336:duel
298:jury
214:Tuam
26:and
738:p.3
387:of
244:of
129:in
50:of
772::
638:^
611:^
578:^
541:^
525:^
414:.
406:,
74:,
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