Edward Dundas Holroyd
Encyclopedia
Sir Edward Dundas Holroyd, QC
(25 January 1828 – 5 January 1916) was a judge
, active in Australia
.
, England
, the second son of Edward Holroyd, senior commissioner of the London bankruptcy court, and his wife Caroline, née Pugsley. E. D. Holroyd was also grandson of Sir George Sowley Holroyd, an English judge. Holroyd was educated at Winchester College
, where he twice won the Queen's medal for Latin and English essays. In 1846 went to Trinity College, Cambridge
where he graduated B.A.
in 1851, M.A.
in 1854, and was called to the bar
at Gray's Inn
in June 1855. Holroyd practised in London
and was also a free-lance journalist.
in 1859. Holroyd made a great reputation as a barrister
in equity and mining suits, and in 1872 was offered a seat on the bench of the supreme court
. He refused this, became a Queen's Counsel
in 1879, and on 19 August 1881 became a puisne judge
of the Supreme Court of Victoria
, a position he held until 9 May 1906.
Holroyd at first took only equity cases, but later proved to be also an excellent judge in the criminal court. He would not allow himself to be ruffled, and it is related that once when he had sentenced a prisoner named Butler for highway robbery, the man, almost foaming at the mouth, heaped curses on the judge. Holroyd calmly said, "Nothing that you can say prisoner can induce me to add one day more to your sentence. I cannot tell you how I despise you." He became the senior judge, and in the absence of Sir John Madden
sometimes acted as chief justice.
, on 5 January 1916. He married in 1862 Anna Maria Hoyles, daughter of Henry Compton, and was survived by two sons and three daughters. He took little part in public discussions, except on the question of federation. He was for some time president of the Imperial Federation
League of Victoria, and also of the Athenaeum and Savage Clubs. Holroyd was knighted in 1903.
Holroyd was below average height and athletic for much of his life. He was a good boxer
in his youth, a good tennis
player, and even when over 60 thought little of a 20-mile (32 km) walk. Holroyd had a great sense of humour, was a good after-dinner speaker. He was an eminently fair judge, particularly patient with men conducting their own defence, or a barrister struggling with a poor case. His patient noting of witnesses' answers rather cramped the style of barristers who would have preferred to deliver volleys of questions at the witness. His judgments, in clear English and were seldom appealed against.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(25 January 1828 – 5 January 1916) was a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, active in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
Early life
Holroyd was born in SurreySurrey
Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the second son of Edward Holroyd, senior commissioner of the London bankruptcy court, and his wife Caroline, née Pugsley. E. D. Holroyd was also grandson of Sir George Sowley Holroyd, an English judge. Holroyd was educated at Winchester College
Winchester College
Winchester College is an independent school for boys in the British public school tradition, situated in Winchester, Hampshire, the former capital of England. It has existed in its present location for over 600 years and claims the longest unbroken history of any school in England...
, where he twice won the Queen's medal for Latin and English essays. In 1846 went to Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
where he graduated B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1851, M.A.
Master of Arts (Oxbridge)
In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
in 1854, and was called to the bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
at Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in June 1855. Holroyd practised in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and was also a free-lance journalist.
Australia
Holroyd decided to migrate to Australia, and arrived in MelbourneMelbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in 1859. Holroyd made a great reputation as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in equity and mining suits, and in 1872 was offered a seat on the bench of the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. He refused this, became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1879, and on 19 August 1881 became a puisne judge
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
, a position he held until 9 May 1906.
Holroyd at first took only equity cases, but later proved to be also an excellent judge in the criminal court. He would not allow himself to be ruffled, and it is related that once when he had sentenced a prisoner named Butler for highway robbery, the man, almost foaming at the mouth, heaped curses on the judge. Holroyd calmly said, "Nothing that you can say prisoner can induce me to add one day more to your sentence. I cannot tell you how I despise you." He became the senior judge, and in the absence of Sir John Madden
John Madden (jurist)
Sir John Madden GCMG , Irish-Australian jurist and politician, was the fourth Chief Justice of the Supreme Court of Victoria....
sometimes acted as chief justice.
Late life and Legacy
Holroyd retired in 1906 and died at his home, Fernacres, in Alma Road, St Kilda, MelbourneMelbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
, on 5 January 1916. He married in 1862 Anna Maria Hoyles, daughter of Henry Compton, and was survived by two sons and three daughters. He took little part in public discussions, except on the question of federation. He was for some time president of the Imperial Federation
Imperial Federation
Imperial Federation was a late-19th early-20th century proposal to create a federated union in place of the existing British Empire.-Motivators:...
League of Victoria, and also of the Athenaeum and Savage Clubs. Holroyd was knighted in 1903.
Holroyd was below average height and athletic for much of his life. He was a good boxer
Boxing
Boxing, also called pugilism, is a combat sport in which two people fight each other using their fists. Boxing is supervised by a referee over a series of between one to three minute intervals called rounds...
in his youth, a good tennis
Tennis
Tennis is a sport usually played between two players or between two teams of two players each . Each player uses a racket that is strung to strike a hollow rubber ball covered with felt over a net into the opponent's court. Tennis is an Olympic sport and is played at all levels of society at all...
player, and even when over 60 thought little of a 20-mile (32 km) walk. Holroyd had a great sense of humour, was a good after-dinner speaker. He was an eminently fair judge, particularly patient with men conducting their own defence, or a barrister struggling with a poor case. His patient noting of witnesses' answers rather cramped the style of barristers who would have preferred to deliver volleys of questions at the witness. His judgments, in clear English and were seldom appealed against.
See also
- Judiciary of AustraliaJudiciary of AustraliaThe judiciary in Australia is modelled substantially on the system of courts which existed in England.The large number of courts and tribunals in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost...
- List of Judges of the Supreme Court of Victoria
- Victorian Bar AssociationVictorian BarThe Victorian Bar is the bar association for the Australian State of Victoria. Its members are barristers registered to practice in Victoria. On 19 January 2006, there were 1627 counsel practising as members of the Victorian Bar. Once a barrister has been admitted to practice by the Supreme Court...