Michael Smith (judge)

Sir Michael Smith, 1st Baronet, of Tuam (1740–1809) was an Irish judge. He was the founder of a judicial dynasty, some of whose members were noted for eccentricity. He was also the first of the Cusack-Smith baronets.

He was born at Newtown, County Offaly, the son of William Smith (died 1747) and his wife Hester Lynch of Galway : his family had come to Ireland from Yorkshire in the seventeenth century, and acquired substantial property in the Midlands. ^[1] Michael evidently revered the memory of his father, who died when his son was only seven, and later composed a eulogy which was inscribed on his father's tombstone. ^[2]He graduated from the University of Dublin, and was called to the Bar in 1769. He was elected member of the Irish House of Commons for Randalstown in 1783, and was noted for his eloquence.

He was raised to the Bench as a Baron of the Court of Exchequer (Ireland) in 1793; in 1801 he became Master of the Rolls in Ireland, retiring in 1806. The Mastership of the Rolls had long been notorious as a sinecure for politicians, many of whom had no legal qualifications whatever : the appointment of Smith, a lawyer of undoubted ability, is thought to have been a conscious policy of making the Mastership a full-time and responsible judicial office; the policy was largely successful.

His first marriage to Maryanne Cusack, daughter of James Cusack of Ballyronan was an interesting one for an ambitious young lawyer as Maryanne was an open and devout Roman Catholic. They had two children, William and Angelina.^[3] Their son Sir William Cusack-Smith, 2nd Baronet followed his father into the law and as a Baron of the Exchequer. His appointment caused some disquiet, both because he was only 35 years old, and because he was already showing marked signs of eccentricity. William's second son Thomas Berry Cusack Smith continued the family traditions of judicial eminence and eccentricity: like his grandfather he was Master of the Rolls in Ireland, and like his father he was notably eccentric.

Maryanne died in 1798. Michael remarried his cousin Eleanor, daughter of another MIchael Smith; in 1799 he was made a baronet of Tuam in King's County. By his second marriage he had one son, Michael, born posthumously. ^[4]According to Elrington Ball he was noted for learning and eloquence; in contrast to his son and grandson who were both notably hot-tempered he was invariably calm and self-controlled.^[5] Daniel O'Connell, then a rising young barrister, who thought poorly of Irish judges in general, complained of Smith's inefficiency, yet praised him as "a gentleman and a scholar, polite, patient and attentive".^[6]

While his first marriage to a Roman Catholic suggests a certain personal tolerance of the practice of Catholicism, one of his best-known judgments, Butler v. Moore,^[7] held that a priest has no privilege to withhold evidence of what was said under the seal of the confessional. This decision was overruled in the twentieth century.^[8]

References

1. Burke's Peerage 4th Edition 1833
2. Burke's Peerage
3. Burke's Peerage
4. Burke's Peerage
5. Ball, F. Elrington The Judges in Ireland 1221-1921 John Murray, London, 1926
6. Geoghegan, Patrick M. King Dan- the rise of Daniel O'Connell Gill and Macmilan 2008 Dublin p.64
7. (1802) Macnally Ev. 253-4
8. Cook v Carroll [1945] I.R. 151 which established the legal privilege of a priest not to reveal anything said under the seal of the confessioonal.