Sir William Garrow

John Hostettler

Description

A comprehensive account of lawyer William Garrow's life, career, family and connections.

Sujets

• Lettres et linguistique
• Inglaterra
• Legal history
• England

Informations

• Publié par: Waterside Press
• Date de parution: 17 janvier 2011
• Nombre de lectures: 0
• EAN13: 9781906534912
• Langue: English
• Poids de l'ouvrage: 6 Mo

Extrait

Sir William Garrow
His Life, Times and Fight for Justice
John Hostettler
and
Richard Braby
Copyright and publication details
Sir William Garrow
His Life, Times and Fight for Justice
John Hostettler and Richard Braby
Published 2010 by
Waterside Press Ltd. Sherfield Gables Sherfield on Loddon Hook Hampshire United Kingdon RG27 0JG
Telephone + 44(0)1256 882250 E-mail [e-mail] Online catalogue www.WatersidePress.co.uk
ISBN 978-1-904380-55-9 (Hardback) ISBN 978-1-904380-69-6 (Paperback) ISBN 978-1-906534-82-0 (Adobe Ebook) ISBN 978-1-906534-91-2 (ePub)
Copyright © 2009 This work is the copyright of John Hostettler and Richard Braby. All intellectual property and associated rights are hereby asserted and reserved by the authors in full compliance with UK, European and international law. No part of this book may be copied, reproduced, stored in any retrieval system or transmitted in any form or by any means, including in hard copy or at the internet, without the prior written permission of the publishers to whom all such rights have been assigned for such purposes worldwide. The Foreword is the copyright of Geoffrey Robertson © 2009.
Cataloguing-In-Publication Data A catalogue record for this book can be obtained on request from the British Library.
Cover design © 2009 Waterside Press. Cover picture reproduced by kind permission of the Treasurer and Benchers of Lincoln's Inn . © The Honourable Society of Lincoln's Inn.
UK distributor Gardners Books, 1 Whittle Drive, Eastbourne, East Sussex, BN23 6QH. Tel: [phone]; [e-mail]; www.gardners.com
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Printed by CPI Antony Rowe, Chippenham
e-book Sir William Garrow is available as an ebook (see formats and ISBN numbers above) and also to subscribers of Myilibrary and Dawsonera.
About the authors
John Hostettler was a practicing solicitor in London for thirty-five years as well as undertaking political and civil liberties cases in Nigeria, Germany and Aden. He sat on the bench as a magistrate for a number of years and has also been a chairman of tribunals. He played a leading role in securing the abolition of flogging in British colonial prisons and served on a Home Office Committee to revise the rules governing electoral law in Britain. He holds several university degrees (BA, LL.B. (Hons) MA, LL.M, PhD (London)) and two doctorates (PhD (Sussex)). His earlier books embrace several biographical and historical works, including about the lives of Thomas Wakley, Sir James Fitzjames Stephen, Thomas Erskine, Sir Edward Carson, Sir Edward Coke, Lord Halsbury and Sir Matthew Hale. His books for Waterside Press include The Criminal Jury Old and New: Jury Power from Early Times to the Present Day ; Fighting for Justice: The History and Origins of Adversary Trial ; Hanging in the Balance: A History of the Abolition of Capital Punishment in Britain (with Dr Brian P. Block); and, most recently, A History of Criminal Justice in England and Wales.
Richard Braby is a direct descendent of Sir William Garrow and as an avocation is a family story teller. He collects and preserves the stories of his family's ancestors. Now retired, his career was conducting educational research during the emergence of the personal computer. His work concerned how to use computer technology and simulation techniques in the design and delivery of adult education focused on learning job skills. Much of this career was with an interdisciplinary study group for the United States Navy's Chief of Naval Education and Training, and centred on applying the results of laboratory research to the critical issues raised by the director of Navy training. Dr. Braby is an author of over 50 technical publications, and was a long time member of the Human Factors Society. He is a graduate of Columbia University, New York City (MA. and Ed.D.) where he specialized in the design of instructional materials.
Geoffrey Robertson QC began his career at the Old Bailey defending in such notable trials as that of Oz magazine, Peter Hain, John Stonehouse, the ABC Official Secrets case, Gay News blasphemy trial and the Matrix Churchill 'Iraqgate' trial, as well as in IRA and other terrorist cases. He developed a pro bono practice defending at the Privy Council men condemned to death in Commonwealth courts. He is founder and head of Doughty Street Chambers, a Recorder, a bencher of the Middle Temple and served as the First President of the UN Special Court for Sierra Leone and is currently a member of the UN Justice Council. His books include The Justice Game - a memoir of some of his notable trials - and The Tyrranicide Brief - an account of how Cromwell's lawyers brought the King to justice.
Contents
Copyright and publication details
About the authors
Preface
Foreword Family Background Education in Criminal Law Garrow and English Criminal Procedure Early Trials Adversary Trial and Human Rights Government Prosecutor The Picton Trials Member of Parliament and Law Officer Garrow vs. Brougham Judge Garrow's Homes Sarah Garrow's Will And Trust Garrow's Extended Family Joseph Garrow's Literary Legacy Published Stories Conclusion
Timeline of William Garrow's Life
Garrow Genealogical Studies: A Note
A Snapshot of 1800s Crime and Punishment
Some Primary Sources
Select Bibliography
Index
Preface
This first biography of Sir William Garrow has two objectives. One, to introduce the reader to the life of a remarkable man in the context of his time and family. And, secondly, to present him as the criminal lawyer who led the way in altering the whole relationship between the state and the individual by his role in the revolutionary introduction of adversary trial.
This is not the first writing about William Garrow. Recently, scholars of the development of the common law have documented in great detail the changes that were taking place in the 1780s and 1790s and rediscovered the part he played in the Old Bailey with his aggressive defence of clients creating a new phenomenon in the criminal trial. After being essentially forgotten following the 1840s, Garrow's role in the emergence of the adversary criminal trial has recently been documented, debated and analysed by those investigators who continue to push back the frontiers of our understanding of the origins of the present type of criminal trial. But these scholars concentrate their interest on just ten years of Garrow's career, the first ten years. Now that Garrow has become a much discussed figure in the development of the criminal trial, it is time to present more of the life of this extraordinary man, more than the often quoted brief remarks summarizing his life before and after the fateful first ten years of his career at the Old Bailey.
The rediscovery of William Garrow was led by John Beattie who published "Garrow for the Defence" in the February 1991 issue of History Today. 1 This article captured the interest of many concerning the part this "brilliant young defence lawyer played in altering the course of justice." This was followed by Beattie's "Scales of Justice: Defence Counsel and the English Criminal Law in the Eighteenth and Nineteenth Centuries" in the October 1991 issue of Law and History Review , which documented in great detail the new courtroom style pursued by Garrow. 2 Then, in 2000, David Lemmings published Professors of the Law, Barristers and English Legal Culture in the Eighteenth Century which gave a detailed account of Garrow's work. 3 In turn this was followed by Allyson May's The Bar and the Old Bailey, 1750-1850. 4 May did her doctoral study under John Beattie and greatly extended the analysis of Garrow's participation in the court scene in the Old Bailey, which she presented first in her dissertation and then in her book. During this same period John H. Langbein published his The Origins of Adversary Criminal Trial in which he devoted a good deal of space to the Old Bailey, including Garrow's participation and impact on the way that criminal trials were being conducted. 5 In 2006 John Hostettler published Fighting for Justice: The History and Origins of Adversary Trial in which he documents the role of Garrow in this courtroom drama, and relates it to an evolving culture of human rights. 6
Today any discussion of the rise of the adversary style of criminal trial must address the issue of Garrow's role in its evolution. However, little outside of his being a barrister for ten years in the Old Bailey has been presented. There are the few observations about his father's Scottish background and his lack of a classical education, but if Garrow is to be celebrated as a significant character in the history of the evolution of the common law, it is time for a more detailed account of his life to be given. This book is such an effort.
Richard Braby is a direct descendant of William Garrow who has spent many years researching the story of Garrow and his family, which he brings to life in what follows. His many contacts with the living members of the extended Garrow family and his access to both published and unpublished family records makes it possible to present Garrow in a family context, that would not be possible without this network of people interested in the family stories of this remarkable man and his extended family.
John Hostettler is a lawyer who has made a special study of the eighteenth century procedural transformation in England that he and a few others are claiming was to produce, "the very first sighting of a recognisable human rights culture in western, if not global, civilization." 7 The origins of adversary trial have only recently been discovered and this exposure has also brought into the light the amazing role played by the hitherto almost unknown Garrow. Hostettler's book, Fighting for Justice; The History and