Sir Fitzroy Edward Kelly (9 October 1796 – 18 September 1880) was an

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

commercial law Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branc ...

yer,

Tory A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. Th ...

politician and judge. He was the last

Lord Chief Baron of the Exchequer The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pre ...

Background and education

Kelly was born in

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

, the son of Robert Hawke Kelly (died in or before 1807), a captain in the

Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against F ...

. His mother was the novelist

Isabella Kelly Isabella Kelly, née Fordyce, also Isabella Hedgeland (1759–1857) was a Scottish novelist and poet.Richard Greene, "Kelly, Isabella (baptised 1759, died 1857)", rev. Pam Perkins, ''Oxford Dictionary of National Biography'', Oxford University Pr ...

, daughter of Captain William Fordyce,

Groom of the Privy Chamber Groom of the Chamber was a position in the Household of the monarch in early modern England. Other ''Ancien Régime'' royal establishments in Europe had comparable officers, often with similar titles. In France, the Duchy of Burgundy, and in Eng ...

George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...

. In 1824, he was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...

, having already gained a reputation as a skilled

special pleader A special pleader was a historical legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case. History Up to the 19th century, there were many rules, tech ...

Career

In 1834 Kelly was made a

King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

, remarkably after only ten years' call. A strong

, he was returned as

Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...

for

Ipswich Ipswich () is a port town and borough in Suffolk, England, of which it is the county town. The town is located in East Anglia about away from the mouth of the River Orwell and the North Sea. Ipswich is both on the Great Eastern Main Line r ...

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 Cambridge ( ) is a university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cambridge bec ...

, and in 1852 was elected member for

Harwich Harwich is a town in Essex, England, and one of the Haven ports on the North Sea coast. It is in the Tendring district. Nearby places include Felixstowe to the north-east, Ipswich to the north-west, Colchester to the south-west and Clacton-on- ...

, 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 John Tawell (1784–1845) was a British murderer and the first person to be arrested as the result of telecommunications technology. Transported to Australia in 1814 for the crime of forgery, Tawell obtained a ticket of leave and started as a c ...

, the "

Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...

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 Aylesbury ( ) is the county town of Buckinghamshire, South East England. It is home to the Roald Dahl Children's Gallery, David Tugwell`s house on Watermead and the Waterside Theatre. It is in central Buckinghamshire, midway between High Wy ...

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 defense. His argument that Sarah Hart had eaten too many apple pips and been poisoned by the

prussic acid Hydrogen cyanide, sometimes called prussic acid, is a chemical compound with the formula HCN and structure . It is a colorless, extremely poisonous, and flammable liquid that boils slightly above room temperature, at . HCN is produced on an in ...

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 A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...

) and again from February to December 1852, during which time he was junior to

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 ...

Sir Frederic Thesiger in the

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

John Henry Newman John Henry Newman (21 February 1801 – 11 August 1890) was an English theologian, academic, intellectual, philosopher, polymath, historian, writer, scholar and poet, first as an Anglican ministry, Anglican priest and later as a Catholi ...

for

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

, the Achilli trial. In 1858–1859 he was Attorney General in

Lord Derby Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, (29 March 1799 – 23 October 1869, known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley) was a British statesman, three-time Prime Minister of the United Kingdom ...

's second ministry. In 1866 he was raised to the bench as the last

and made a member of the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

, entitling him to sit on the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

. Kelly died at

Brighton Brighton () is a seaside resort and one of the two main areas of the City of Brighton and Hove in the county of East Sussex, England. It is located south of London. Archaeological evidence of settlement in the area dates back to the Bronze A ...

on 18 September 1880, aged 83. He was buried on the western side of

Highgate Cemetery Highgate Cemetery is a place of burial in north London, England. There are approximately 170,000 people buried in around 53,000 graves across the West and East Cemeteries. Highgate Cemetery is notable both for some of the people buried there as ...

Grave of Sir Fitzroy Edward Kelly in Highgate Cemetery

Arms

References

Bibliography

* * * * Gowing, Richard (1875) 'Sir Fitzroy Kelly, Lord Chief Baron' in: Richard Gowing ''Public Men of Ipswich and East Suffolk. a series of personal sketches''. Ipswich: Scopes; London: Grant & Co., 1875; pp. 71–78

External links