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Encyclopedia Britannica - Main :: CLI-COM |
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COCKBURN, SIR ALEXANDER JAMES EDMUND , loth Bart. (1802-1880), lord chief
Hall
Cambridge , of which he was elected a fellow, and after-wards an honorary fellow. He entered at the Middle Temple in 1825, and was called to the bar in 1829. He joined the western circuit, and for some time such practice as he was able to obtain lay at the Devon sessions, quarter sessions at that time affording an opening and a school of advocacy to young counsel not to be found anywhere fifty years later. In London he had so little to do that only the persuasion of friends induced him to keep his London chambers open. Three years after his call to the bar, however, the Reform Bill was passed, and the petitions which followed the ensuing general election gave rise to a large number of new questions for the decision of election committees, and afforded an opening of which he promptly availed himself. The decisions of the committees had not been reported since 1821, and with M. C. Rowe, another member of the western circuit, Cockburn undertook a new series of reports. They only published one volume, but the work was well done, and in 1833 Cockburn had his first parliamentary brief.In 1834 Cockburn was well enough thought of to be made a member of the commission to inquire into the state of the corporations of England and Wales. Other parliamentary work followed; but he had ambition to be more than a parliamentary counsel, and attended diligently on his circuit, besides appearing before committees. In 1841 he was made a Q.C., and in that year a charge of simony, brought against his uncle, William, dean of York
gentleman , and his practice went on increasing.In 1847 he decided to stand for parliament, and was elected without a contest Liberal M.P. for Southampton. His speech in the House of Commons on behalf of the government in the Don Pacifico dispute with Greece commended him to Lord John Russell, who appointed him solicitor-general in 185o and attorney-general in 1851, a post which he held till the resignation of the ministry in February 1852. During the short administration of Lord Derby which followed, Sir Frederic Thesiger was attorney-general, and Cockburn was engaged against him in the case of R. v. RNewman, on the prosecution of Achilli. This was the trial of a criminal information for libel filed against John Henry Newman, who had denounced a scandalous and profligate friar named Achilli, then lecturing on Roman Catholicism in England. Newman pleaded justification
justification
chief
Sir Alexander Cockburn earned and deserved a high reputation as a judge. He was a man of brilliant cleverness and rapid intuition rather than of profound and laboriously cultivated intellect. He had been a great advocate at the bar, with a charm of voice and manner, fluent and persuasive rather than learned; but before he died he was considered a good lawyer, some assigning his unquestioned improvement in this respect to his frequent association on the bench with Blackburn. He had notoriously little sympathy with the Judicature Acts. Many were of opinion that he was inclined to take an advocate's view of the cases before him, making up his mind as to their merits prematurely and, in consequence, wrongly, as well as giving undue prominence to the views which he so formed; but he was beyond doubt always in intention, and generally in fact, scrupulously fair. It is not necessary to enumerate the many causes celebres at which Sir Alexander Cockburn presided as a judge. It was thought that he went out of his way to arrange that they should come before him, and his successor, Lord Coleridge, writing in 1881 to Lord Bramwell, to make the offer that he should try the murderer Lefroy as a last judicial act before retiring, added, " Poor dear Cockburn would hardly have given you such a chance." Be this as it may, Cockburn tried all cases which came before him, whether great or small, with the same thoroughness, courtesy and dignity, so that no counsel or suitor could complain that he had not been fully heard in a matter in which the issues were seemingly trivial; while hecertainly gave great attention to the elaboration of his judgments and charges to juries. He presided at the Tichborne trial at Bar, lasting 188 days, of which his summing-up occupied eighteen. The greatest public occasion on which Sir Alexander Cockburn acted, outside his usual judicial functions, was that of the " Alabama " arbitration, held at Geneva in 1872, in which he represented the British government, and dissented from the view taken by the majority of the arbitrators, without being able to convince them. He prepared, with Mr C. F. Adams, the representative of the United States, the English translation of the award of the arbitrators, and published his reasons for dissenting in a vigorously worded document which did not meet with universal commendation. He admitted in substance the liability of England for the acts of the `I Alabama," but not on the grounds on which the decision of the majority was based, and he held England not liable in respect of the " Florida " and the " Shenandoah." In personal appearance Sir Alexander Cockburn was of small stature, but great dignity of deportment. He was fond of yachting and sport, and was engaged in writing a series of articles on the " History of the Chase in the Nineteenth Century " at the time of his death. He was fond, too, of society, and was also throughout his life addicted to frivolities not altogether consistent with advancement in a learned profession, or with the positions of dignity which he successively occupied. At the same time he had a high sense of what was due to and expected from his profession; and his utterance upon the limitations of advocacy, in his speech at the banquet given in the Middle Temple Hall
Berryer
Berryer
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