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Fitzroy Kelly

Sir Fitzroy Edward Kelly (9 October 1796 – 18 September 1880) was anEnglishcommercial lawyer,Tory politician and judge. He was the lastChief Baron of the Exchequer.

Sir Fitzroy Kelly
Chief Baron of the Exchequer
In office
16 July 1866 – 18 September 1880
MonarchVictoria
Preceded bySir Frederick Pollock
Succeeded byOffice abolished
Attorney General for England and Wales
In office
21 February 1858 – 11 June 1859
Prime MinisterThe Earl of Derby
Preceded bySir Richard Bethell
Succeeded bySir Richard Bethell
Solicitor General for England and Wales
In office
27 February 1852 – 17 December 1852
Prime MinisterThe Earl of Derby
Preceded bySir William Wood
Succeeded bySir Richard Bethell
In office
17 July 1845 – 29 June 1846
Prime MinisterSir Robert Peel
Preceded bySir Frederic Thesiger
Succeeded byJohn Jervis
Personal details
Born(1796-10-09)9 October 1796
London,England
Died18 September 1880(1880-09-18) (aged 83)
Brighton, England
Political partyTory
Spouse(s)
Agnes Scarth
(m. 1821; died 1851)

Background and education

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Kelly was born inLondon, the son of Robert Hawke Kelly (died in or before 1807), a captain in theRoyal Navy. His mother was the novelistIsabella Kelly, daughter of Captain William Fordyce,Groom of the Privy Chamber toGeorge III. In 1824, he wascalled to the bar byLincoln's Inn, having already gained a reputation as a skilledspecial pleader.[1]

Career

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Sir Fitzroy Kelly, 1847
 
Vanity Fair caricature, November 1871

In 1834 Kelly was made aKing's Counsel, remarkably after only ten years' call. A strongTory, he was returned asMember of Parliament forIpswich in 1835, but was unseated on petition. In 1837 however he again became member for that town.[2] From 1843 to 1847 he was MP forCambridge,[3] and in 1852 was elected member forHarwich, but witha vacancy suddenly occurring inEast Suffolk, he preferred to contest that seat and was elected.[1]

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 defendedJohn Tawell, the "Quaker murderer," was in fact no longer a member of the Quakers, though he did try to return to that group. Tawell had poisoned his mistress, Sarah Hart, and fled from Salt Hill inAylesbury by train. However, a description of Tawell was sent to London by electric telegraph, and he was captured. Kelly did the best he could for his client, but he was not accustomed to criminal defence. His argument that Sarah Hart had eaten too many apple pips and been poisoned by theprussic 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 wasSolicitor General in 1845 (when he wasknighted) and again from February to December 1852, during which time he was junior toAttorney GeneralSir Frederic Thesiger in theprosecution ofJohn Henry Newman forlibel, theAchilli trial.[citation needed]

In 1854, Kelly was appointed to theRoyal Commission for Consolidating the Statute Law, aroyal commission to consolidate existing statutes and enactments ofEnglish law.[4]

In 1858–1859 he was Attorney General inLord Derby'ssecond ministry. In 1866 he was raised to the bench as the lastChief Baron of the Exchequer and made a member of thePrivy Council, entitling him to sit on theJudicial Committee of the Privy Council.[1]

Kelly died atBrighton on 18 September 1880, aged 83.[2] He was buried on the western side ofHighgate Cemetery.

 
Grave of Sir Fitzroy Edward Kelly inHighgate Cemetery

Arms

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Coat of arms of Fitzroy Kelly
 
Crest
A griffin passant.
Escutcheon
Azure two lions rampant respectant Or supporting on their paws a castle Argent.
Motto
Turris Fortis Mihi Deus[5]

See also

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References

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  1. ^abcChisholm 1911.
  2. ^abAllen, C. J. W. (2004)"Kelly, Sir Fitzroy Edward (1796–1880)",Oxford Dictionary of National Biography, Oxford University Press
  3. ^"The city of Cambridge: Parliamentary representation Pages 68-76 A History of the County of Cambridge and the Isle of Ely: Volume 3, the City and University of Cambridge".British History Online. Victoria County History, 1959. Retrieved26 December 2022.
  4. ^Ilbert, Courtenay (1901).Legislative methods and forms. Oxford:Clarendon Press. p. 57. Retrieved9 September 2024.
  5. ^Debrett's Illustrated House of Commons and Judicial Bench. 1867.

Bibliography

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External links

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Parliament of the United Kingdom
Preceded byMember of Parliament forIpswich
1835
With:Robert Adam Dundas
Succeeded by
Preceded byMember of Parliament forIpswich
1838–1841
With:Thomas Milner Gibson 1838–1839;
Thomas John Cochrane 1839–1841
Succeeded by
Preceded byMember of Parliament forCambridge
1843–1847
With:John Manners-Sutton
Succeeded by
Preceded byMember of Parliament forHarwich
1852
With:John Bagshaw
Succeeded by
Preceded byMember of Parliament forEast Suffolk
1852–1866
With:Sir Edward Gooch, Bt 1852;
John Henniker-Major, 1852–1866
Succeeded by
Legal offices
Preceded bySolicitor General for England and Wales
1845–1846
Succeeded by
Preceded bySolicitor General for England and Wales
1852
Succeeded by
Preceded byAttorney General for England and Wales
1858–1859
Succeeded by
Preceded byChief Baron of the Exchequer
1866–1880
Office abolished

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