Justice Alfred James Peter Lutwyche,
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
(26 February 1810 – 12 June 1880)
[
] was the first judge of the
Supreme Court Bench of Queensland.
Early life
Lutwyche was the eldest son of John Lutwyche, of a
Worcestershire
Worcestershire ( , ; written abbreviation: Worcs) is a county in the West Midlands of England. The area that is now Worcestershire was absorbed into the unified Kingdom of England in 927, at which time it was constituted as a county (see His ...
family, who removed to London and started as a leather merchant, under the firm of Lutwyche & George, in Skinner Street, Snow Hill. Lutwyche was educated at
Charterhouse School
(God having given, I gave)
, established =
, closed =
, type = Public school Independent day and boarding school
, religion = Church of England
, president ...
and at the
Queen's College,
Oxford
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, where he matriculated in 1828 and graduated B.A. in 1832, and subsequently M.A. While still at university, he had decided to pursue a career in law and became a student at the
Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...
in London. After working in the legal areas of conveyancing and special pleadings, Lutwyche was called to the bar in May 1840. As a barrister, he went on the
Oxford circuit
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
. While he built up his practice as a barrister, he also supplemented his income and acquired some journalistic experience as a colleague of
Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian e ...
, on the ''
Morning Chronicle
''The Morning Chronicle'' was a newspaper founded in 1769 in London. It was notable for having been the first steady employer of essayist William Hazlitt as a political reporter and the first steady employer of Charles Dickens as a journalist. It ...
''.
[
]
Immigration
Suffering poor health, Lutwyche decided to immigrate to Australia. In 1853, he embarked in London on the ''Meridian'' bound for Melbourne. The ship was wrecked on the Island of Amsterdam in the southern Indian Ocean. It was a miracle that almost all on board (apart from the captain, the cook and one passenger) survived. At the wreck site, they were faced with a 200-foot lava cliff, which the sailors scaled and then hauled up the passengers. The ship broke up before any provisions could be gathered, but they were able to catch fish, which enabled them to survive for 12 days before Captain Isaac Ludlow of the American whaler
A whaler or whaling ship is a specialized vessel, designed or adapted for whaling: the catching or processing of whales.
Terminology
The term ''whaler'' is mostly historic. A handful of nations continue with industrial whaling, and one, Japa ...
''Monmouth'' found them and took them to Mauritius
Mauritius ( ; french: Maurice, link=no ; mfe, label=Mauritian Creole, Moris ), officially the Republic of Mauritius, is an island nation in the Indian Ocean about off the southeast coast of the African continent, east of Madagascar. It incl ...
. Lutwyche then travelled on the ''Emma Colvin'' to Melbourne, arriving in December 1853.
New South Wales
Having entered the New South Wales Legislative Council
The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in th ...
, he was Solicitor General in the first Cowper ministry from September to October 1856, and Representative of the Government in the Legislative Council. He was again Solicitor General in the second Cowper ministry from September 1857 to November 1858, when he succeeded James Martin as Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
. He was appointed a Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
on 10 December 1858, shortly after his appointment as Attorney General. He resigned from the ministry and the Legislative Counsel in February 1859, in order to accept a judicial appointment.
Queensland
In February 1859 Lutwyche was appointed Resident Judge of what was then the Moreton Bay
Moreton Bay is a bay located on the eastern coast of Australia from central Brisbane, Queensland. It is one of Queensland's most important coastal resources. The waters of Moreton Bay are a popular destination for recreational anglers and are ...
district of New South Wales. Two years later, in August 1861, he became sole Judge of the new Supreme Court of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland.
The original jurisdiction of the Supreme Court allows its trial division to he ...
, and occupied the bench unaided until the arrival of the first Chief Justice, Sir James Cockle, in February 1863. But for a certain lack of self-restraint in his judgements and utterances, Mr. Lutwyche would himself have been appointed the first Chief Justice of Queensland, and he keenly felt the disallowance of his claims.[
]
Personal life
In 1855, while in Sydney, Alfred Lutwyche married a widow, Mary Ann (Jane) Morris (née Simpson) at St Lawrence's Anglican Church. Jane (as she was commonly known) had 4 children from her marriage to George Henry Morris. The Morris family were also among the survivors of the 1853 wreck of the ''Meridian'' but George Morris succumbed to tuberculosis in 1854 in Sydney. Alfred and Jane Lutwyche had no children.
Lutwyche was a wealthy settler who owned vast tracts of land in Wooloowin
Wooloowin is a suburb in the City of Brisbane, Queensland, Australia. In the , Wooloowin had a population of 3,938 people.
Geography
Wooloowin is an inner-north suburb of Brisbane, Australia located approximately 5–6 km north of the c ...
and surrounding areas; the Kedron Lodge
Kedron Lodge is a heritage-listed villa at 123 Nelson Street, Kalinga (formerly in Wooloowin), City of Brisbane, Queensland, Australia. It was designed by architect Christopher Porter and was built from 1860 to the early 1900s by John Petrie. ...
, his magnificent heritage-listed
This list is of heritage registers, inventories of cultural properties, natural and man-made, tangible and intangible, movable and immovable, that are deemed to be of sufficient heritage value to be separately identified and recorded. In many ...
residence, still stands to this day in the affluent district of Kalinga.
In 1865, Lutwyche donated a block of land near Kedron Brook
The Kedron Brook is a creek that flows through the northern suburbs of Brisbane in the south-east region of Queensland, Australia.
Course and features
Formed by spring D'Aguilar Range within the southern portion of the D'Aguilar National Park, ...
for the establishment of a new Anglican
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of th ...
church, St Andrew's. A Gothic-style wooden church was built and opened on 30 November 1866. Lutwyche was an active member of the church and requested to be buried in the churchyard. He later donated a further acre of land adjacent to the church for a rectory.
Death
Lutwyche died at his residence, ''Kedron Lodge'', 123 Nelson Street, Wooloowin
Wooloowin is a suburb in the City of Brisbane, Queensland, Australia. In the , Wooloowin had a population of 3,938 people.
Geography
Wooloowin is an inner-north suburb of Brisbane, Australia located approximately 5–6 km north of the c ...
in Brisbane on 12 June 1880 following a severe attack of gout
Gout ( ) is a form of inflammatory arthritis characterized by recurrent attacks of a red, tender, hot and swollen joint, caused by deposition of monosodium urate monohydrate crystals. Pain typically comes on rapidly, reaching maximal intensit ...
in the preceding fortnight. As he had requested, he had a simple funeral (which was nonetheless hugely attended) and was buried in the churchyard of St Andrew's Anglican Church on Lutwyche Road on 15 June 1880. The service was conducted by Archdeacon Glennie and Rev. Love. His wife Jane arranged for a Celtic cross to be erected as a memorial over his grave on the southern side of the church.[
His widow Jane died at her residence ''Park Villa'', Park Road, Lutwyche, Brisbane on 6 January 1891 and is buried with her husband in St Andrew's churchyard. A memorial cross at St Andrew's commemorates the couple.
]
Legacy
The north Brisbane inner-city suburb of Lutwyche
Lutwyche is a northern suburb in the City of Brisbane, Queensland, Australia. In the , Lutwyche had a population of 3,454 people.
Lutwyche is north of the city's central business district.
Geography
Lutwyche Road, a busy thoroughfare that ...
, the Lutwyche Cemetery
Lutwyche Cemetery is a cemetery located at Kedron, Brisbane, Queensland, Australia. It opened in 1878 and saw its first burial in the same year. It is located at the corner of Gympie and Kitchener Roads, approximately ten kilometres north of B ...
in Kedron, Lutwyche Road and the Kedron State High School
Kedron State High School is a Queensland public secondary school which is located in the inner-northern suburb of Kedron in Brisbane, Australia. The school was opened in 1956, to meet the needs of the rapidly expanding North Brisbane population w ...
sporting house are named in his honour.
Publications
With his background in law and journalism, Lutwyche was a prolific writer. Of particular interest are the following works:
*
See also
* Colony of New South Wales – second ministry
* Colony of New South Wales – fourth ministry
References
External links
{{DEFAULTSORT:Lutwyche, Alfred James Peter
1810 births
1880 deaths
People educated at Charterhouse School
Judges of the Supreme Court of New South Wales
Colony of New South Wales judges
Judges of the Supreme Court of Queensland
Colony of Queensland judges
Attorneys General of the Colony of New South Wales
Solicitors General for New South Wales
Members of the New South Wales Legislative Council
19th-century Australian politicians
19th-century Australian judges
Pre-Separation Queensland
Australian King's Counsel