Fitzroy Kelly
Encyclopedia
Sir Fitzroy Edward Kelly PC
, KC (9 October 1796 – 18 September 1880), was an English
commercial law
yer, Tory politician and judge.
, the son of Robert Hawke Kelly (died in or before 1807), a captain in the Royal Navy
, and novelist Isabella Kelly
(née Fordyce). In 1824 he was called to the bar by Lincoln's Inn
, having already gained a reputation as a skilled special pleader
.
In 1834 Kelly was made a King's Counsel, remarkably after only ten years' call. A strong Tory
, he was returned as Member of Parliament
for Ipswich
in 1835, but was unseated on petition. In 1837 however he again became member for that town. From 1843 to 1847 he was MP for Cambridge
, and in 1852 was elected member for Harwich
, but a vacancy suddenly occurring in East Suffolk, he preferred to contest that seat and was elected. Most of his legal cases were of a commercial nature, but one was one of the great criminal poisoning crimes of the early Victorian period. In March 1845 Kelly defended John Tawell
, the "Quaker" murderer (actually he was no longer a member of the Quakers, though he tried to return to that group). Tawell had poisoned his mistress, Sarah Hart, and fled from Salt Hill in Aylesbury
by train. However, a description of Tawell was sent to London by electric telegraph and he was captured. Kelly did the best for his client, but was not in the type of case to which he was accustomed. His argument that Sarah Hart had eaten too many pips (pits) of her apples and got poisoned by the prussic acid in the pips led to the nickname "Apple-pip" which followed Kelly for the rest of his life. Despite his endeavours his client was found guilty and hanged.
Kelly was Solicitor-General
in 1845 (when he was knighted), and again from February to December 1852, during which time he was junior to Attorney-General
Sir Frederic Thesiger
in the prosecution of John Henry Newman for libel, the Achilli trial. In 1858–1859 he was Attorney General in Lord Derby
's second administration
. In 1866 he was raised to the bench as Lord Chief Baron of the Exchequer
and made a member of the Privy Council
.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, KC (9 October 1796 – 18 September 1880), was an English
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...
commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
yer, Tory politician and judge.
Background and education
Kelly was born in LondonLondon
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...
, the son of Robert Hawke Kelly (died in or before 1807), a captain in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, and novelist Isabella Kelly
Isabella Kelly
Isabella Kelly, née Fordyce, also Isabella Hedgeland was a British novelist and poet. She married Robert Hawke Kelly , a captain in the Royal Navy...
(née Fordyce). In 1824 he was called to the bar by Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
, having already gained a reputation as a skilled special pleader
Special pleader
A special pleader was a historial legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case.-History:...
.
Career
Tory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...
, he was returned as Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Ipswich
Ipswich (UK Parliament constituency)
Ipswich is a borough constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.- Boundaries :...
in 1835, but was unseated on petition. In 1837 however he again became member for that town. From 1843 to 1847 he was MP for Cambridge
Cambridge (UK Parliament constituency)
Cambridge is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first-past-the-post voting system....
, and in 1852 was elected member for Harwich
Harwich (UK Parliament constituency)
Harwich was a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. Until its abolition for the 2010 general election it elected one Member of Parliament by the first past the post system of election....
, but a vacancy suddenly occurring in East Suffolk, he preferred to contest that seat and was elected. Most of his legal cases were of a commercial nature, but one was one of the great criminal poisoning crimes of the early Victorian period. In March 1845 Kelly defended John Tawell
John Tawell
John Tawell was a British murderer. In 1845, he became the first person to be arrested as the result of telecommunications technology....
, the "Quaker" murderer (actually he was no longer a member of the Quakers, though he tried to return to that group). Tawell had poisoned his mistress, Sarah Hart, and fled from Salt Hill in Aylesbury
Aylesbury
Aylesbury is the county town of Buckinghamshire in South East England. However the town also falls into a geographical region known as the South Midlands an area that ecompasses the north of the South East, and the southern extremities of the East Midlands...
by train. However, a description of Tawell was sent to London by electric telegraph and he was captured. Kelly did the best for his client, but was not in the type of case to which he was accustomed. His argument that Sarah Hart had eaten too many pips (pits) of her apples and got poisoned by the prussic acid in the pips led to the nickname "Apple-pip" which followed Kelly for the rest of his life. Despite his endeavours his client was found guilty and hanged.
Kelly was Solicitor-General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
in 1845 (when he was knighted), and again from February to December 1852, during which time he was junior to Attorney-General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
Sir Frederic Thesiger
Frederic Thesiger, 1st Baron Chelmsford
Frederic Thesiger, 1st Baron Chelmsford PC KC FRS was a British jurist and Conservative politician. He was twice Lord Chancellor of Great Britain.-Early life:...
in the prosecution of John Henry Newman for libel, the Achilli trial. In 1858–1859 he was Attorney General in Lord Derby
Edward Smith-Stanley, 14th Earl of Derby
Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, KG, PC was an English statesman, three times Prime Minister of the United Kingdom, and to date the longest serving leader of the Conservative Party. He was known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley...
's second administration
Second Derby Ministry
-The Ministry:-Reference:* British Historical Facts 1830-1900, by Chris Cook and Brendon Keith pp. 21-22 SBN 333 13220 3...
. In 1866 he was raised to the bench as Lord Chief Baron of the Exchequer
Lord Chief Baron of the Exchequer
The Chief Baron of the Exchequer was the first "baron" of the English Exchequer of pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who presided in the equity court and answered the bar i.e...
and made a member of the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
.