Sir William Garrow: His Life, Times and Fight for Justice

Sir William Garrow: His Life, Times and Fight for Justice


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Sir William Garrow includes the lost story of barrister William Garrow's key role in changing the face of the English criminal trial.

Garrow is now in the public-eye for daring to challenge entrenched legal ways and means. His 'gifts to the world' include altering the relationship between judge and jury, helping to forge the presumption of innocence, rules of evidence and ensuring a general right to put forward a defence using a trained lawyer.

He Gave new meaning to the trial advocate's forensic art of cross-examination, later diverting skills honed as a radical to help the Crown when it was faced with alleged plots, treason and sedition.

Aside from BBCr TV's prime-time drama series 'Garrow's Law', the story of Sir William Garrow's Unique contribution to the development of English law and Parliamentary affairs has been kept from the general public due to an intriguing quirk of history.

This book tells the real story of the man behind the drama. The lost story of Sir William Garrow and its rediscovery will prove enlightening for professional and general readers alike and provide an invaluable 'missing-link' for legal and social historians.. It is also a remarkable work of genealogical research which will register strongly with family historians.

Product Details

ISBN-13: 9781904380696
Publisher: Waterside Press
Publication date: 03/07/2012
Pages: 354
Sales rank: 1,013,789
Product dimensions: 9.00(w) x 6.10(h) x 0.90(d)

Table of Contents

About the authors iv

Preface ix

Foreword Geoffrey Robertson QC xv

1 Family Background 21

Scottish Origins 21

Historical Perspective 23

The Reverend David Garrow 25

Children 27

Boarding School 28

2 Education in Criminal Law 33

Pupil Barrister 33

Coachmaker's Hall 35

3 Garrow and English Criminal Procedure 39

The "No-Counsel" Rule 39

The First Breach in the Rule 41

Early Steps towards Adversary Trial 42

Rules of Evidence 49

The Growth of Advocacy 53

Counsel's Pugnacity 55

4 Early Trials 61

Dedication to the Defence of Clients 61

Initial Success 62

Aggressive Style 67

Exposing Thief-takers 70

Jury Nullification and Pious Perjury 76

Disputes with the Bench 78

Newsworthy Trials 81

Baron Hompesch v. the Farmer and his Dog 82

Mrs. Day's Baby 85

5 Adversary Trial and Human Rights 89

Pressures for Defence Lawyers in Criminal Trials 89

Rights of the Individual 92

Adversary Trial in a Changing World 93

Human Rights 95

6 Government Prosecutor 101

Assessment of Garrows Early Legal Career 101

Crown Prosecutions102 Treason Trials 104

The Ficton Trials 109

Collonial Law 109

Records 110

Proceedings against Thomas Picton 111

National Hero 116

Moral Issue of Slavery 117

8 Member of Parliament and Law Officer 119

A Proper Person? 119

Hearsay in the Commons 120

Protecting the Realm 122

Sir Samuel Romilly 123

Attacks by Romilly 128

Core Laws 131

Animal Rights 133

Government Service 134

Solicitor - General 139

Attorney-General 140

Leaving the Commons 142

9 Garrow vs. Brougham 145

Enlightenment Lawyers 145

Brougham on Garrow 146

Trial between Lord Roseberry and Sir Henry Mildmay for Criminal Conversation 148

Brougham For Sir Henry Mildmay 154

The nature of legal combat 158

10 Judge 161

Baron of the Exchequer 161

Assize Trials 162

Garrows Style 165

The Case of the Learned Apothecary 167

Trials Before Garrow 172

Precedents 175

Lincoln's Inn 177

Conclusion 177

11 Garrow's Homes 179

Childhood Home 179

Early Homes in London 180

In Pegwell 181

Great George Street in London 183

In Pegwell Again 185

12 Sarah 191

Irregular relationship 191

Financial Support 194

Sarah's Character 196

Mysteries 198

13 Garrow's Will And Trust 201

How Wealthy Was Sir William Garrow? 201

Trustees 203

No Death Duties 205

Women 206

Funeral 207

14 Garrow's Extended Family 209

An Introduction to Garrow's Family 209

Son David and Family 213

Daughter Eliza Sophia and Family 225

William Arthur Dorehill and Family 230

Sir William Garrow's Brothers and Sisters 238

15 Joseph Garrow's Literary Legacy 249

Marriage 250

Florence 252

TheTrollopes 253

16 Published Stories 265

Public Characters 265

The Legal Observer 266

Monthly Magazine 267

The Law Review 269

Musical Memoirs 270

The Times 271

Robert Louis Stevenson 274

Garrow's Law 275

17 Conclusion 277

Timeline of William Garrow's Life 280

Appendix 1 Garrow Genealogical Studies: A Note 283

Richard Braby's Story 283

The Sir William Garrow Genealogy 1 289

The Sir William Garrow Genealogy 2 290

The Sir William Garrow Genealogy 3 291

Appendix 2 A Snapshot of Crime and Punishment in the 1800sp293

Appendix 3 Some Primary Sources 297

Public Characters 297

The Legal Observer 306

The Times 312

Law Review (1844-5) 323

Select bibliography 333

Primary sources 333

Journals and newspapers 335

Books and articles 337

Index 342

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