John Walter Huddleston
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Sir John Walter Huddleston (8 September 1815 – 5 December 1890) was an English judge, formerly a
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
yer who had established an eminent reputation in various '' causes célèbres''. As a
Baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knig ...
of the Exchequer of Pleas, he was styled Baron Huddleston, in writing, Huddleston B. Soon after his appointment, the Exchequer was absorbed into the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
and the style abolished. He sometimes referred to himself as "The last of the Barons."Rigg (2004) Today, the case he presided over that remains famous is ''
Whistler v. Ruskin James Abbott McNeill Whistler (; July 10, 1834July 17, 1903) was an American painter active during the American Gilded Age and based primarily in the United Kingdom. He eschewed sentimentality and moral allusion in painting and was a leading pr ...
'', where his wife and that of Ruskin's counsel sat beside him on the bench.


Personal life

Huddleston was the eldest son of Thomas, a Merchant Navy officer and Alethea née Hichens. He was born and educated in
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
, attending
Trinity College Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...
, but he did not graduate. In 1872, he married
Diana de Vere Beauclerk Diana de Vere Beauclerk, Lady Huddleston (10 December 1842 – 1 April 1905) was an English writer. She wrote ''Summer and Winter in Norway'' (1868) and ''True Love'' (1869) under the name Lady Di Beauclerk. Life Lady Diana de Vere Beauclerk ...
(1842–1905), daughter of
William Beauclerk, 9th Duke of St Albans William Aubrey de Vere Beauclerk, 9th Duke of St Albans (24 March 1801 – 27 May 1849) was an English aristocrat and cricketer. Early life William Aubrey de Vere Beauclerk was born on 24 March 1801. He was the son of William Beauclerk, 8th D ...
. Huddleston enjoyed theatre and
horse racing Horse racing is an equestrian performance sport, typically involving two or more horses ridden by jockeys (or sometimes driven without riders) over a set distance for competition. It is one of the most ancient of all sports, as its basic p ...
. He was well read and fluent in French, giving an oration at the funeral of Pierre Antoine Berryer. He suffered from chronic ill health during the last decade of his life before he died in
South Kensington South Kensington, nicknamed Little Paris, is a district just west of Central London in the Royal Borough of Kensington and Chelsea. Historically it settled on part of the scattered Middlesex village of Brompton. Its name was supplanted with ...
on 5 September 1890, with an expressed wish that he be buried with his wife. He was cremated at
Brookwood Cemetery Brookwood Cemetery, also known as the London Necropolis, is a burial ground in Brookwood, Surrey, England. It is the largest cemetery in the United Kingdom and one of the largest in Europe. The cemetery is listed a Grade I site in the Regist ...
,
Woking Woking ( ) is a town and borough status in the United Kingdom, borough in northwest Surrey, England, around from central London. It appears in Domesday Book as ''Wochinges'' and its name probably derives from that of a Anglo-Saxon settlement o ...
.
"Nell Gwynne Was Lady 'Di's' Ancestor," ''The Inter Ocean,'' Chicago, June 4, 1905, image 15
She never recovered from the loss of her husband in 1890, and everywhere she went the ashes of the Baron, who was cremated at
Woking Woking ( ) is a town and borough status in the United Kingdom, borough in northwest Surrey, England, around from central London. It appears in Domesday Book as ''Wochinges'' and its name probably derives from that of a Anglo-Saxon settlement o ...
, accompanied her. The small bronze
urn An urn is a vase, often with a cover, with a typically narrowed neck above a rounded body and a footed pedestal. Describing a vessel as an "urn", as opposed to a vase or other terms, generally reflects its use rather than any particular shape or ...
containing them always rested on a table beside her bed.


Career

He worked for a while at a
public school Public school may refer to: * State school (known as a public school in many countries), a no-fee school, publicly funded and operated by the government * Public school (United Kingdom), certain elite fee-charging independent schools in England an ...
before entering
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
in 1836 to train as a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
. 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 ...
in 1839. Initially practising 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 ...
specialising in
poor law In English and British history, poor relief refers to government and ecclesiastical action to relieve poverty. Over the centuries, various authorities have needed to decide whose poverty deserves relief and also who should bear the cost of hel ...
cases, he developed his criminal practice at the
Middlesex Middlesex (; abbreviation: Middx) is a Historic counties of England, historic county in South East England, southeast England. Its area is almost entirely within the wider urbanised area of London and mostly within the Ceremonial counties of ...
quarter sessions The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
and at the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
, notably 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 ...
of William Palmer. He defended William Cuffay the chartist in 1848, and secured the acquittal of Mercy Catherine Newton, on her third trial for
matricide Matricide is the act of killing one's own mother. Known or suspected matricides * Amastrine, Amastris, queen of Heraclea, was drowned by her two sons in 284 BC. * Cleopatra III of Egypt was assassinated in 101 BC by order of her son, Ptole ...
, in 1859.Rigg (1891) He became a QC in 1857 and a
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of Gray's Inn, being Treasurer in 1859 and 1868. Huddleston made several unsuccessful attempts to enter politics, ultimately being elected as
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
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
Canterbury Canterbury (, ) is a City status in the United Kingdom, cathedral city and UNESCO World Heritage Site, situated in the heart of the City of Canterbury local government district of Kent, England. It lies on the River Stour, Kent, River Stour. ...
in
1865 Events January–March * January 4 – The New York Stock Exchange opens its first permanent headquarters at Broad Street (Manhattan), 10-12 Broad near Wall Street, in New York City. * January 13 – American Civil War : Sec ...
. He lost his seat in
1868 Events January–March * January 2 – British Expedition to Abyssinia: Robert Napier leads an expedition to free captive British officials and missionaries. * January 3 – The 15-year-old Mutsuhito, Emperor Meiji of Jap ...
but won again in
Norwich Norwich () is a cathedral city and district of Norfolk, England, of which it is the county town. Norwich is by the River Wensum, about north-east of London, north of Ipswich and east of Peterborough. As the seat of the See of Norwich, with ...
in
1874 Events January–March * January 1 – New York City annexes The Bronx. * January 2 – Ignacio María González becomes head of state of the Dominican Republic for the first time. * January 3 – Third Carlist War &ndas ...
. Huddleston was
Judge Advocate of the Fleet The Judge Advocate of the Fleet was an appointed civilian judge who was responsible for the supervision and superintendence of the court martial system in the Royal Navy from 1663 to 2008. History The position dates to the sixteenth century but ...
from 1865 to 1875, alongside appointment as a
serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...
and the receiving of a
knighthood 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 church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
. He was also made a judge of the
Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, which position was almost immediately transferred to the Exchequer and then to the Exchequer Division of the High Court. Huddleston's reputation as a judge never matched his standing as an advocate. As a judge, he was opinionated and unafraid to exert a strong influence on
juries A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England dur ...
. He was reputed to wear colour-coded gloves to court: black for murder, lavender for
breach of promise of marriage Breach of promise is a common law tort, abolished in many jurisdictions. It was also called breach of contract to marry,N.Y. Civil Rights Act article 8, §§ 80-A to 84. and the remedy awarded was known as heart balm. From at least the Middle ...
and white for more conventional cases. In 1884 Huddleston was judge at
first instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
in the leading maritime case of ''
R v. Dudley and Stephens ''R v Dudley and Stephens'' (188414 QBD 273, DCis a leading English criminal case which established a precedent throughout the common law world that necessity is not a defence to a charge of murder. The case concerned survival cannibalism fo ...
'' involving murder,
cannibalism Cannibalism is the act of consuming another individual of the same species as food. Cannibalism is a common ecological interaction in the animal kingdom and has been recorded in more than 1,500 species. Human cannibalism is well documented, b ...
and the defence of
necessity Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient condition, in logic, something that i ...
. He was further central to engineering the judicially approved guilty
verdict In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In Engl ...
against the instincts of the jury.Simpson (1984) pp. 195–223


References


Bibliography

* Obituary – ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'' 6, 9 & 12 December 1890 * * Rigg, Rev. Metcalfe, E. (2004)
Huddleston, Sir John Walter (1815–1890)
, ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'', Oxford University Press, accessed 4 July 2007 * *


External links

* {{DEFAULTSORT:Huddleston, John Walter 19th-century English judges Serjeants-at-law (England) 1815 births 1890 deaths Conservative Party (UK) MPs for English constituencies UK MPs 1865–1868 UK MPs 1874–1880 Politics of Canterbury Justices of the Common Pleas Barons of the Exchequer Members of Gray's Inn Exchequer Division judges Knights Bachelor English King's Counsel