The Gazette 1974

THE LATE CHIEF JUSTICE FITZGERALD In the course of paying tributes to the late Chief Justice FitzGerald in the Supreme Gourt, the President, Mr. Peter M. Prentice, said that solicitors dealing with the late Chief Justice had many happy memories of him. Nothing was too hot or too heavy for him to handle. As a lawyer he would work all day or night to produce the effort which lay behind all that tremen- dous skill and all that he did in helping solicitors in their profession and in furthering the interests of their clients. "From our point of view we feel we have lost a great friend. He was a tremendous personality." "The Council and members of the Incorporated Law Society have learnt with deep regret of the death of the Chief Justice, The Hon. William O'Brien FitzGerald, and wish to tender their sympathy to Mrs. FitzGerald and his relatives. Since the days when the late Chief Justice was called to the Bar in 1927, and became a senior counsel in 1944, he had won an established reputation as the leading advocate at the Bar; this was achieved by hard strenuous work and brilliant advo- cacy. Practitioners will always remember how with a few seemingly disarming questions in cross-examination, he could make witnesses co-operate, and he had a masterly way of summing up a complicated case, in clear, succinct and precise sentences. At conferences with solicitors and clients, he could make up his mind very quickly as to what were the essential points of fact and law in the case to concentrate on.

Mr. Prentice said he remembered especially the late Chief Justice's bubbling sense of humour and the man- ner in which he could bring relief into what otherwise could be very tense and difficult to understand. He had been of such tremendous help to solicitors as an advo- cate that it was a great sense of loss to them when he was appointed to the Bench. As President of the Society he had on many occasions consulted the Chief Justice and gained even greater respect for his eminence and for the manner in which he helped. They appreciated his kindly advice and tremendous common sense. "We will miss him greatly. All of us feel this sense of loss and a sense of gratitude for having known him. Through his son, Fr. FitzGerald, we would like to con- vey to his family our great gratitude." The Gourt then observed a brief silence in memory of the late Chief Justice. Law Society tribute to Chief Justice In a statement on behalf of the Council of the Incor- porated Law Society, Mr. W. A. Osborne, senior vice- president, paid tribute to the memory of the late Chief Justice, Mr. William O'Brien FitzGerald, who died recently.

"It was not surprising with these admirable qualities that the late Ghief Justice finally consented in October 1966 to become a judge of the Supreme Gourt, succeed- ing another great advocate, the late Mr. Justice Lavery. Inevitably the long hours of work at night, and great attention to detail, which was the lot of an outstanding advocate of the bar who was involved in all leading cases, had affected his health, and he was glad to accept a post which entailed a more regular routine. Whether as a Supreme Gourt judge or as Ghief Justice, Mr. Justice FitzGerald will be remembered by practitioners for the terse and concise judgments which he gave, when in a few uncomplicated sentences he came to the succinct kernel of the legal point to be decided; he never wasted any time in jurisprudential discourses. "The late Ghief Justice, principally as counsel, will be generally thought of by solicitors as humane and helpful, who was always willing to give sound advice to those who sought it. May he rest in peace." O'Higgins would bring to his high office this vast experience of the law and his service to the general public. He knew he would be a good Ghief Justice. Mr. Peter O'Connell, solicitor, on behalf of the Incor- porated Law Society, associated himself with Mr- Costello's remarks. Returning thanks, the Ghief Justice said that sitting for the first time as Ghief Justice of Ireland he was particularly conscious of all that was expected from the holder of this office and of the high standards of wis- dom, strength and fearless integrity set by each of his predecessors. "I am humbled by the knowledge of the talent and experience which is shared amongst my colleagues on this Bench. I know that I will be helped by that fact, he added. 254

NEW CHIEF JUSTICE TAKES SEAT When the new Ghief Justice, Mr. Justice T. F. O'Hig- gins, took his seat in the Supreme Court for the first time, he said that his aim, with God's help, would be to ensure that a free, independent and fear- less judiciary would continue to protect the rights and liberties of all citizens and provide at all times for the rule of law in our land.

Less than two hours later, Ghief Justice O'Higgins presided at the swearing-in of the new High Gourt Judge, Mr. Justice Liam Hamilton, who formally sub- scribed to his oath of office. Welcoming the Ghief Justice, the Father of the Bar, Mr. John A. Costello, S.G., said that he had been a member of the Bar for many years and had vast experi- ence in and out of Gourt and in other places. Wishing him a long life on the Bench, he said Chief Justice