Fitzroy Kelly Explained

Honorific-Prefix:The Right Honourable
Sir Fitzroy Kelly
Honorific-Suffix:QC
Office:Chief Baron of the Exchequer
Term Start:16 July 1866
Term End:18 September 1880
Predecessor:Sir Frederick Pollock
Successor:Office abolished
Office1:Attorney General for England and Wales
Term Start1:21 February 1858
Term End1:11 June 1859
Primeminister1:The Earl of Derby
Predecessor1:Sir Richard Bethell
Successor1:Sir Richard Bethell
Office2:Solicitor General for England and Wales
Term Start2:27 February 1852
Term End2:17 December 1852
Primeminister2:The Earl of Derby
Predecessor2:Sir William Wood
Successor2:Sir Richard Bethell
Term Start3:17 July 1845
Term End3:29 June 1846
Primeminister3:Sir Robert Peel
Predecessor3:Sir Frederic Thesiger
Successor3:John Jervis
Birth Date:9 October 1796
Birth Place:London, England
Death Place:Brighton, England
Nationality:British
Party:Tory
Spouse:

Sir Fitzroy Edward Kelly (9 October 1796 – 18 September 1880) was an English commercial lawyer, Tory politician and judge. He was the last Chief Baron of the Exchequer.

Background and education

Kelly was born in London, the son of Robert Hawke Kelly (died in or before 1807), a captain in the Royal Navy. His mother was the novelist Isabella Kelly, daughter of Captain William Fordyce, Groom of the Privy Chamber to George III. In 1824, he was called to the bar by Lincoln's Inn, having already gained a reputation as a skilled special pleader.

Career

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,[1] and in 1852 was elected member for Harwich, but with 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," 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 in Aylesbury 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 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 1854, Kelly was appointed to the Royal Commission for Consolidating the Statute Law, a royal commission to consolidate existing statutes and enactments of English law.[2]

In 1858–1859 he was Attorney General in Lord Derby's second ministry. In 1866 he was raised to the bench as the last Chief Baron of the Exchequer and made a member of the Privy Council, entitling him to sit on the Judicial Committee of the Privy Council.

Kelly died at Brighton on 18 September 1880, aged 83. He was buried on the western side of Highgate Cemetery.

Arms

Escutcheon:Azure two lions rampant respectant Or supporting on their paws a castle Argent.
Crest:A griffin passant.
Motto:Turris Fortis Mihi Deus[3]

See also

Bibliography

Notes and References

  1. Web site: 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 . 26 December 2022.
  2. Book: Ilbert, Courtenay . Courtenay Ilbert . Legislative methods and forms . . 1901 . Oxford . 57 . en . 9 September 2024.
  3. Book: Debrett's Illustrated House of Commons and Judicial Bench . 1867.