Edwin James (lawyer)
   HOME

TheInfoList



OR:

Edwin John James (''c.''1812 – 4 March 1882) was an English lawyer who also practised in the United States, a Member of Parliament and would-be actor. Disbarred in England and Wales for professional misconduct, he ended his life in poverty. He was the first ever
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
to suffer
disbarment Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduc ...
.


Early life and education

His parents were John James, a solicitor and secondary of the City of London, and his wife Caroline ''née'' Combe, niece of
Harvey Christian Combe Harvey Christian Combe (1752 – 4 July 1818) was an English Whigs (British political party), Whig politician. He was the eldest surviving son of Harvey Combe, attorney, of Andover, Hampshire. He served as Lord Mayor of London 1799/1800. Life ...
.''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', 7 March 1882, p.10 col.D
He unsuccessfully attempted to establish a career as an actor at an early age, taking lessons from John Cooper. He played at a private theatre in Gough Street,
Gray's Inn Road Gray's Inn Road (or Grays Inn Road) is an important road in Central London, located in the London Borough of Camden. The road begins at its junction with Holborn at the City of London boundary, passes north through the Holborn and King's Cross ...
, London and appeared as George Barnwell in ''
The London Merchant ''The London Merchant (Or The History Of George Barnwell)'' is playwright George Lillo's most famous work. A tragedy that follows the downfall of a young apprentice due to his association with a prostitute, it is remarkable for its use of midd ...
'' at Cooper's
Theatre Royal, Bath The Theatre Royal in Bath, England, was built in 1805. A Grade II* listed building, it has been described by the Theatres Trust as "One of the most important surviving examples of Georgian theatre architecture". It has a capacity for an audien ...
.Boase (2004), "James, Edwin John (1812–1882)]", ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from History of the British Isles, British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') ...
''
But, he lacked the natural good looks to succeed in the theatre, being said by one Cyrus Jay to have "the appearance of a
prize fighter Professional boxing, or prizefighting, is regulated, sanctioned boxing. Professional boxing bouts are fought for a purse that is divided between the boxers as determined by contract. Most professional fights are supervised by a regulatory auth ...
". He turned to the law to become a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
, being
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 ...
by the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
in 1836.Knott (1912) ''p.''317 He was a student and admirer of
Charles James Fox Charles James Fox (24 January 1749 – 13 September 1806), styled ''The Honourable'' from 1762, was a British British Whig Party, Whig politician and statesman whose parliamentary career spanned 38 years of the late 18th and early 19th centurie ...
and followed his style at the Bar with great fidelity.


Career

James practised on the Home circuit and his most famous cases included: *The successful
prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
of
poison A poison is any chemical substance that is harmful or lethal to living organisms. The term is used in a wide range of scientific fields and industries, where it is often specifically defined. It may also be applied colloquially or figurati ...
er William Palmer in 1856. *The successful defence of
Simon Bernard Baron Simon Bernard (; 28 April 1779 – 5 November 1839) was a French general of engineers. Born in Dole, Simon Bernard was educated at the École polytechnique, graduating as second in the promotion of 1799 and entered the army in the corps of ...
, who was tried in 1858 for
complicity Complicity in criminal law refers to the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages ( abets) other perpetrators of that crime, and who shared with them an intent to act to complete ...
with
Felice Orsini Felice Orsini (; ; 10 December 1819 – 13 March 1858) was an Italian revolutionary and leader of the '' Carbonari'' who tried to assassinate Napoleon III, Emperor of the French. Early life Felice Orsini was born at Meldola in Romagna, th ...
in his plot to assassinate
Napoleon III of France Napoleon Bonaparte (born Napoleone di Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French general and statesman who rose to prominence during the French Revolution and led a series of m ...
. James aroused controversy with his defence that Bernard had intended to kill a person other than Napoleon III.Pue (1990) 83 John Simon was James's junior at the trial. *The
Canadian Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''C ...
appeal case of the fugitive
slave Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
John Anderson John Anderson may refer to: Arts and entertainment Music * John Anderson (jazz trumpeter) (1921–1974), American musician * Jon Anderson (John Roy Anderson, born 1944), lead singer of the British band Yes * John Anderson (producer) (1948–2024 ...
.Boase
891 Year 891 ( DCCCXCI) was a common year starting on Friday of the Julian calendar. Events By place Europe * February 21 – Guy III, duke of Spoleto, is crowned Holy Roman Emperor by Pope Stephen V. His son Lambert is proclaimed ...
/ref> James was made QC in 1850 but was not elected 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 c ...
of the Inner Temple as was customary. This may have been because of the Establishment's distaste for his
radical Radical (from Latin: ', root) may refer to: Politics and ideology Politics *Classical radicalism, the Radical Movement that began in late 18th century Britain and spread to continental Europe and Latin America in the 19th century *Radical politics ...
sympathies and the nature of his practice. ''
The Spectator ''The Spectator'' is a weekly British political and cultural news magazine. It was first published in July 1828, making it the oldest surviving magazine in the world. ''The Spectator'' is politically conservative, and its principal subject a ...
'' described him as: The ''New York Times'' noted that: James was appointed
Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a newsp ...
of
Brighton Brighton ( ) is a seaside resort in the city status in the United Kingdom, city of Brighton and Hove, East Sussex, England, south of London. Archaeological evidence of settlement in the area dates back to the Bronze Age Britain, Bronze Age, R ...
in 1855, by that time enjoying an income of £7,000 per year (£477,000 at 2003 prices). In 1859 he was elected
Liberal Liberal or liberalism may refer to: Politics * Generally, a supporter of the political philosophy liberalism. Liberals may be politically left or right but tend to be centrist. * An adherent of a Liberal Party (See also Liberal parties by country ...
MP for
Marylebone Marylebone (usually , also ) is an area in London, England, and is located in the City of Westminster. It is in Central London and part of the West End. Oxford Street forms its southern boundary. An ancient parish and latterly a metropo ...
. As an MP, he was a loyal supporter of
Palmerston Palmerston may refer to: People * Christie Palmerston (c. 1851–1897), Australian explorer * Several prominent people have borne the title of Viscount Palmerston ** Henry Temple, 1st Viscount Palmerston (c. 1673–1757), Irish nobleman and B ...
and favoured the introduction of a
ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16th cent ...
for parliamentary elections and the abolition of
church tax A church tax is a tax collected by the state from members of some Christian denominations to provide financial support of churches, such as the salaries of its clergy and to pay the operating cost of the church. It is related to the concept of t ...
es to support the state church. His radicalism went beyond the mainstream. He spoke in public in support of democracy and against
Napoleon III Napoleon III (Charles-Louis Napoléon Bonaparte; 20 April 18089 January 1873) was President of France from 1848 to 1852 and then Emperor of the French from 1852 until his deposition in 1870. He was the first president, second emperor, and last ...
, and spent part of 1859 at the camp of
Giuseppe Garibaldi Giuseppe Maria Garibaldi ( , ;In his native Ligurian language, he is known as (). In his particular Niçard dialect of Ligurian, he was known as () or (). 4 July 1807 – 2 June 1882) was an Italian general, revolutionary and republican. H ...
.


Scandal

James’s reputation suffered by his alleged bribery of voters in his campaign on behalf of John Jervis in the
Horsham Horsham () is a market town on the upper reaches of the River Arun on the fringe of the Weald in West Sussex, England. The town is south south-west of London, north-west of Brighton and north-east of the county town of Chichester. Nearby to ...
constituency in 1847. Early in 1861, James was reputedly on the point of being appointed
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
but on 9 April 1861, he suddenly resigned all his public offices, stating that he needed to devote his time to his professional career. It came to light that he was in dire financial difficulties, owing £100,000 (£7.5 million at 2003 prices) and under investigation by his Inn. It was established that he had: * Led
Lord Worsley Earl of Yarborough is a title in the Peerage of the United Kingdom. It was created in 1837 for Charles Anderson-Pelham, 2nd Baron Yarborough. History The Anderson-Pelham family descends from Francis Anderson of Manby, Lincolnshire. He married ...
, the young son of
Lord Yarborough Earl of Yarborough is a title in the Peerage of the United Kingdom. It was created in 1837 for Charles Anderson-Pelham, 2nd Baron Yarborough. History The Anderson-Pelham family descends from Francis Anderson of Manby, Lincolnshire. He married ...
, into debts of £35,000 (£2.6 million at 2003 prices) in 1857 and 1860; * Obtained £20,000 (£1.6 million at 2003 prices) from Mr Fryar, a solicitor and his election advisor, by
misrepresentation In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant''
931 Year 931 ( CMXXXI) was a common year starting on Saturday of the Julian calendar. Events By place North Africa * The Ummayad Caliphate of Córdoba invades and conquers the city of Ceuta, which was ruled by the Berber dynasty Banu I ...
Question of law, statement of fact made during negotiations by one party to another, the statement then in ...
in 1853; and * Borrowed £1,250 (£94,000 at 2003 prices) from a witness he was to
cross-examine In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be f ...
in return for a promise of light questioning. Yarborough apparently persuaded James to resign his public offices in order to protect Worsley.


Disbarment and after

Disbarred Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduc ...
on 18 June 1861, James soon emigrated to the U.S. and was admitted to the bar in New York. There he was lauded as a leader of the English Bar, and he commented publicly on matters of public controversy, such as the Trent Affair. The British press suggested that the New York Bar were well aware of his disbarment in England. When James' earlier conduct did become known in America, an attempt was made to disbar him there; it failed when he denied the charges on
oath Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...
and the judges were equally divided as to his culpability. He appeared to have resurrected his acting career, performing at the
Winter Garden Theatre The Winter Garden Theatre is a Broadway theatre at 1634 Broadway in the Midtown Manhattan neighborhood of New York City, New York, U.S. Originally designed by architect William Albert Swasey, it opened in 1911. The Winter Garden's current des ...
, New York in 1865. He became an associate editor of the ''New York Clipper,'' a sporting and entertainment newspaper. He also worked as the publicity manager for Adah Menken, the actress known for her sensational performance in ''
Mazeppa Mazepa or Mazeppa is the surname of Ivan Mazepa, a Ukrainian hetman made famous worldwide by a poem by Lord Byron. It may refer to: Artistic works Poems * Mazeppa (poem), "Mazeppa" (poem) (1819), a dramatic poem by Lord Byron * "Mazeppa", a poem b ...
''. He kept up a long correspondence with her until her death in Paris. He took
American citizenship Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Consti ...
in 1866. After returning to England in 1873, James failed to gain readmission to the bar of
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
. He also failed to be admitted as a solicitor or to be selected for Marylebone. He practised as a
paralegal A paralegal, also known as a legal assistant or paralegal specialist, is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for p ...
for the rest of his life but was in poor financial circumstances, and eventually relied on charity. A subscription for his pecuniary assistance was started among the legal profession in London shortly before his death.


Personal life and character

On 9 July 1861 James married Marianne ''née'' Hilliard, "a widow lady of fortune", at the Embassy in Paris. They divorced in 1863, after having emigrated to the United States. James became a naturalized United States citizen in 1866. In 1868 he married Eliza Wilson ''née'' Pepper. She had formerly been married to
Joachim Hayward Stocqueler J. H. Stocqueler (21 July 1801 – 14 March 1886) was a journalist, author and lecturer with interests in the theatre and in Indian and military affairs; he lived in England, India, and the United States of America. Biography Joachim Hayward Sto ...
. John Edwin James died of bronchitis and pneumonia and was buried on 6 March 1882 at Highgate Cemetery.


In popular culture

Edwin James served as a basis of the character Stryver in
Charles Dickens Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
's 1859 novel ''
A Tale of Two Cities ''A Tale of Two Cities'' is a historical novel published in 1859 by English author Charles Dickens, set in London and Paris before and during the French Revolution. The novel tells the story of the French Doctor Manette, his 18-year-long impr ...
''.


References


Bibliography


Obituaries

*''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', 7 March 1882, ''p.''10 col.D *''New York Times'', 7 March 1882, ''p.''10 *''Daily News'', 7 March 1882, ''p.''5 *''Solicitors' Journal'', 26 (1881–2), 301 *''Law Times'', 18 March 1882, ''p.''358


By James

*James, E. J. (1842) ''The Act for the Amendment of the Law in Bankruptcy'' *— (1858) ''The Speech of E. James in Defence of S. Bernard'' *— (1867) ''The Bankrupt Law of the United States'' *— (1872) ''The Political Institutions of America and England''


About James

* non.(1859) ''
Illustrated London News ''The Illustrated London News'', founded by Herbert Ingram and first published on Saturday 14 May 1842, was the world's first illustrated weekly news magazine. The magazine was published weekly for most of its existence, switched to a less freq ...
'', 30 April 429 * non.(1861a) "The fall of Mr Edwin James", '' Saturday Review'', 13 April 358–359 * non.(1861b) "Edwin James on the Trent Affair", ''Solicitors' Journal and Reporter'', 8 February 253 * non.(1861–2) ''Law Magazine'', new series, 12:263–86 * non.(1862a) "The disbarmment of Edwin James, Esq. Q.C.", ''Solicitors' Journal and Reporter'', 14 December 103 * non.(1862b) "The Inner Temple benchers – Disbarment of Edwin James Q.C.", ''Law Magazine and Review'', 12:266; 13:335–45 * non.(1862c) ''
Annual Register ''The Annual Register'' (originally subtitled "A View of the History, Politicks and Literature of the Year ...") is a long-established reference work, written and published each year, which records and analyses the year's major events, developmen ...
'', 140–43 * *— rev. Metcalfe, E. (2004)
James, Edwin John (1812–1882)
, ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from History of the British Isles, British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') ...
'', Oxford University Press, accessed 27 Dec 2007 * *, ''pp''75–86 *


External links

* {{DEFAULTSORT:James, John Edwin 1810s births 1882 deaths English barristers English male stage actors UK MPs 1859–1865 Liberal Party (UK) MPs for English constituencies Politics of the City of Westminster American lawyers English King's Counsel Disbarred lawyers Members of the Inner Temple English emigrants to the United States