John Naish, PC, QC was an Irish lawyer and judge, who held a number of senior offices, including Lord Chancellor of Ireland.
Early life
Born in Limerick on 15 August 1841, son of Carroll Naish of Ballycullen and his second wife Anne Margaret Carroll or O'Carroll, Naish was educated at Clongowes Wood School and Dublin University. He was an outstanding student, gaining numerous distinctions in mathematics, physics and natural science, as well as law. He got his BA in mathematics in 1862.
Early career
He was called to the Irish Bar in 1865, and practiced on the Munster Circuit, becoming a QC in 1880. His reputation as a barrister was mixed: he was considered too nervous and retiring to be a good advocate, but hard work and academic brilliance compensated for this. He appeared in the celebrated libel action brought by Canon O'Keeffe against Cardinal Cullen and co-wrote an influential textbook on the Common Law Procedure Acts.
Law officer
He became Law Adviser to the Lord Lieutenant of Ireland in 1880. The office had become a very onerous one and was criticised for its excessively political nature, since one of the Law Adviser's responsibilities was to advise magistrates on how to deal with proceedings with a political element. Naish is credited with having suggested that magistrates in their ongoing struggle with the Irish National Land League should rely on an obscure medieval statute, 34 Edward III c.1, to imprison those who could not find sureties for their good behaviour. This was a gross misinterpretation of the statute, which was clearly aimed only at cases of riot. These concerns about his obviously political role may explain why the office of Law Adviser was left vacant after his promotion to higher office.
Naish's health failed when he was still in his late forties: he travelled to the Continent in hope of a cure, but died at the German spa town of Bad Ems on 17 August 1890 and was buried there. He married Maud Dease of County Westmeath and they had three children. J. Carroll Naish, the Hollywood actor, was his great nephew, the grandson of his elder half-brother Carroll Naish.
Reputation
Delaney, in his biography of Christopher Palles, calls Naish an outstanding judge, even in an age when the Irish judiciary included such eminent figures as Christopher Palles himself, Gerald FitzGibbon, and Hugh Holmes. Elrington Ball, on the other hand, thought him a poor choice as Lord Chancellor: in Ball's view Naish was a good academic lawyer but an unsuccessful barrister and a failure as a politician. As a Roman Catholic, however, he was an acceptable choice as Chancellor to Nationalists. The Dictionary of National Biography praises him as a brilliant academic, and while accepting that he had his faults as a barrister, agrees with Delaney that he was a great judge, perhaps the most eminent Irish judge of his time.
