Cockburn CJ

Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice for 21 years. He heard some of the leading ''causes célèbres'' of the nineteenth century.

In 1847 he decided to stand for parliament, and was elected unopposed as Liberal Member of Parliament for Southampton. His speech in the House of Commons on behalf of the government in the Don Pacifico dispute with Greece commended him to Lord John Russell, who appointed him Solicitor-General in 1850 and Attorney General in 1851, a post which he held till the resignation of the ministry in February 1852.

Early life and career

Cockburn was born in Altona, in what is now Germany and was then part of Brandenburg,1851 Census for England – Barrister, aged 47, of Wakehurst Place, Ardingly, Sussex, with the mother (Louisa Hannah Godfrey née Dalley) and sister (Caroline Louisa Matilda Godfrey) of his partner Amelia (Emily) Godfrey – HO107/1642 f.115. p. 181861 Census for England – Lord Chief Justice, aged 58, visiting Chute Lodge, Wiltshire born Altona, with children: Louisa C. Cockburn aged 22 born Stratford, Essex; Alexander Cockburn aged 15 born Sydenham, Surrey – RG9/716 f.19 p. 3 to Alexander Cockburn and his wife Yolande, daughter of René Michel de Vignier de La Saline, vicomte de Vignier, of Santo Domingo. His father served as British Consul to Hamburg and the Hanse towns and later as envoy extraordinary and minister plenipotentiary to Württemberg and the Republic of Colombia; he was the fourth son of Sir James Cockburn, 8th Baronet (born c.1729, died July 1804), his three elder brothers having succeeded to the baronetcy, but died without heirs.

He was initially educated largely abroad and became fluent in French and familiar with German, Italian and Spanish. He was educated at Trinity Hall, Cambridge, gaining a first in Civil law in 1824–5 and graduating in 1829 with an LL.B. degree, and also being elected a fellow, and afterwards an honorary fellow. He entered the Middle Temple in 1825, and was called to the bar in 1829. He joined the western circuit and built up a substantial practice though he was sufficiently diffident about his success in London to devote little of his energies there, not even keeping his Chambers open.

As advocate (1832–1847)

Three years after his call, the Reform Bill was passed. Cockburn started to practise in election law, including acting for Henry Lytton Bulwer and Edward Ellice. In 1833, with William Rowe, he published a parliamentary brief on the decisions of election committees. In 1834, Ellice recommended Cockburn as member of the commission to enquire into the state of the corporations of England and Wales. Through his parliamentary work Cockburn met Joseph Parkes and himself became interested in politics as a profession in itself, not simply as a pretext for legal argument. Cockburn had become ambitious and in 1838 he turned down the offer of a judicial appointment in India with the sentiment "I am going in for something better than that". He became Recorder of Southampton and from that point started to reduce his election and parliamentary work in favour of more publicly notorious cases. In 1841 he was made a Q.C.

*Trial of Dr Cockburn: In 1841 a charge of simony, brought against his uncle, William, Dean of York, enabled Cockburn to appear conspicuously in a case which attracted considerable public attention, the proceedings taking the form of a motion for prohibition duly obtained against the ecclesiastical court, which had deprived Dr Cockburn of his office.
*Daniel McNaghten: Sir Robert Peel's secretary, Edward Drummond, was shot by Daniel McNaghten in 1843. Cockburn, briefed on behalf of the assassin, made a speech which helped to establish the insanity defence in Britain for the next century. At the trial, Cockburn had made extensive and effective use of Isaac Ray's ''Treatise on the Medical Jurisprudence of Insanity''. Cockburn quoted extensively from the book which rejected traditional views of the insanity defence based on the defendant's ability to distinguish "right from wrong" in favour of a broader approach based on causation. Cockburn displayed a mastery of the scientific evidence and was an innovator in exploiting forensic science in court.
*The winner of the 1844 Derby: In 1844, he appeared in ''Wood v. Peel'' to determine the winner of a bet (the Gaming Act 1845 deemed bets unenforceable in law) as to whether the Derby winner ''Running Rein'' was a four-year-old or a three-year-old. ''Running Rein'' could not be produced when the judge, Baron Alderson, demanded, and as a result Cockburn lost the case, while his strenuous advocacy of his client's cause had led him into making, in his opening speech, strictures on Lord George Bentinck's conduct in the case which should have been held back.
*Lieutenant Henry Hawkey: In 1846 Hawkey, an officer of the Royal Marines, was tried for murder at Winchester assizes after shooting James Alexander Seton in a duel; Cockburn secured Hawkey's acquittal. James Seton was the last British person to be killed in a duel in the United Kingdom.
*The Achilli trial: During the short administration of Lord Derby, Cockburn was engaged against Sir Frederic Thesiger Attorney General at the time, and for John Henry Newman, in the case of a friar named Giacinto Achilli who had accused Newman of libel. The jury who heard the case under Lord Campbell found that Newman's plea of justification was not proved except in one particular, a verdict which, together with the methods of the judge and the conduct of the audience, attracted considerable comment.

As law officer of the Crown (1850–1856)

Lord John Russell appointed Cockburn as Solicitor-General in 1850, and as Attorney General in 1851, which latter post he held until the resignation of the ministry in February 1852. In December 1852, under Lord Aberdeen's ministry, Cockburn again became Attorney General, and remained so until 1856, taking part in many celebrated trials. In 1854 Cockburn was made Recorder of Bristol.

Cockburn shepherded through Parliament the ''Common Law Procedure Act 1852'' and the ''Common Law Procedure Act 1854''.

*William Palmer: In his tenure as Attorney General from 1852 to 1856, he led for the crown in the trial of William Palmer of Rugeley in Staffordshire, an ex-medical man who poisoned a friend named Cook with strychnine in order to steal from his estate. Cockburn made an exhaustive study of the medical aspects of the case and won a conviction after a twelve-day trial, again demonstrating his skill with forensic science.
*The Hopwood will case (1855).
*The Swynfen will case (1856)

As judge (1856–1880)

In 1856, he became Chief Justice of the Common Pleas. He inherited the baronetcy in 1858. In 1859, Lord Campbell became Lord Chancellor, and Cockburn became Lord Chief Justice of the Queen's Bench.

Cockburn always sought out the most sensational cases and was astute in rearranging his diary so that he could sit in any trial likely to attract the attention of the press.

Several Prime Ministers offered to nominate Cockburn for a peerage, and he finally accepted the offer in 1864. However, Queen Victoria refused, noting that "this peerage has been more than once previously refused upon the ground of the notoriously bad moral character of the Chief Justice".

In 1875, the three English common law courts (the Queen's Bench, the Court of Common Pleas, and the Court of the Exchequer) merged to become divisions of the new High Court of Justice. The head of each court (Lord Chief Justice Cockburn, Chief Justice of the Common Pleas Lord Coleridge, and Chief Baron of the Exchequer Sir Fitzroy Kelly) continued in post. After the deaths of Kelly and Cockburn in 1880, the three divisions were merged into a single division, with Lord Coleridge as Lord Chief Justice of England.

*''Martin v. Mackonachie'': Cockburn sitting in the Queen's Bench division granted a writ to quash Lord Penzance's suspension of Alexander Heriot Mackonochie from his clerical office for breach of the Public Worship Regulation Act 1874. Cockburn's decision was overturned by the Court of Appeal.
*The Tichborne Case: Cockburn presided over the civil case in which Arthur Orton attempted to establish his identity as the missing baronet Sir Roger Tichborne. This trial collapsed after 103 days, the longest civil trial on record. Cockburn then presided over the subsequent trial of Orton for perjury, a famous trial that lasted 188 days, setting a record for criminal trials, of which Cockburn CJ's summing-up occupied eighteen.
*''R v. Hicklin'': He developed the Hicklin test for obscenity.
* The ''Alabama'' claims: He also played a role in the arbitration of the ''Alabama'' claims at Geneva in 1872, in which he represented the British government. He dissented from the majority view as to British liability for the actions of British-built privateer ships. He prepared the English translation of the arbitrators' award and published a controversial dissenting opinion in which he admitted British liability for the actions of the CSS ''Alabama'', though not on the grounds given in the award, and discounted liability for the CSS ''Florida'' and CSS ''Shenandoah''.
*The Overend-Gurney fraud trial: the trial of the partners of Overend & Gurney, a bank that had collapsed in spectacular circumstances following precarious risks taken by the managers. In his summing up, Cockburn expressed the view that the defendants had been guilty of nothing more than "grave error".
*''Woodley v. Metropolitan District Railway Co.'': Woodley was set to repair a wall in a darkened railway tunnel in which trains continued to run, without warning or dedicated lookout, and with barely sufficient clearance between train and wall for the workman to make himself safe when a train passed. Woodley was seriously injured when he reached across the rail for a tool and was struck by a passing train. Cockburn CJ held that the employer was not liable, invoking the principle of '' volenti non-fit injuria''.
*Lavinia Ryves's claim to be the daughter of Prince Henry, Duke of Cumberland and Strathearn

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