Part 170

=MacMahon, Hon. Hugh=, Toronto, Judge of the Supreme Court of Judicature for Ontario, Common Pleas Division, is of Irish descent, and was born in Guelph, Ont., the 6th March, 1836. The progenitors of the family were originally from Monaghan, in Ireland, and in the troublous times of the last of the reigning Stuarts, a number of MacMahons held important positions in their native country. Colonel Art Oge MacMahon, besides holding a military command, was King James II.’s lord-lieutenant for the county Monaghan; while Hugh MacMahon, great-granduncle of the subject of this present sketch, was lieutenant-colonel of Gordon O’Neil’s Charlemont regiment of foot. This crack corps, upon its reorganization, after the Treaty of Limerick (1691), took service in France with the famous “Irish Brigade.” Reverses of fortune having impoverished the family, Mr. MacMahon’s father came to Canada in 1819, from Cootehill, county Cavan, Ireland, and settled in the Niagara district. He brought with him an excellent library of classical and mathematical works; and, as he possessed high attainments as a classical scholar, he opened school at Grimsby, where many of the youth of the western section of Upper Canada were prepared for the professions. Mr. MacMahon, senior, was one of the earliest appointed provincial land surveyors, and made the preliminary surveys of many of the townships in the lately formed province. His wife, who still survives him, and is now in her 91st year, is Anne MacGovern, a relative of the late Bishop MacGovern, of the county of Cavan. In 1853, Hugh MacMahon, our present subject, then in his seventeenth year, entered the Board of Works department of Canada, of which the Hon. H. H. Killaly was at the time commissioner, and was placed on the staff of Colonel W. B. Gallaway, C.E., as second assistant engineer. In this capacity Mr. MacMahon took part in making surveys and in preparing estimates for the projected Ottawa Ship Canal between Ottawa and Aylmer. He was also engaged in the surveys and plans for the Chats Canal, and was one of the resident engineers during the time these works were under construction. In 1857, when the monetary crisis of that year compelled the government to relinquish the latter undertaking, and when civil engineering was much depressed by the stoppage of public works, Mr. MacMahon left the service of the department, though strongly urged to remain at Ottawa by the chief of the staff. The next year, having become a matriculant of the Law Society, we find him in the law office of Thomas Robertson, Q.C., then practising in Dundas. Pursuing the legal profession, he was called to the bar in 1864, when he entered into partnership with his brother, Thomas B. MacMahon, late judge of the county of Norfolk, then practising in Brantford. Five years afterwards, on the elevation of the late John Wilson to a judgeship of the Court of Queen’s Bench, Hugh MacMahon removed to London, Ontario, where, in a few years, he built up the largest and most lucrative legal business in the west. His universally acknowledged acquirements as a commercial lawyer, sound judgment, and scrupulous honor brought him the confidence of the mercantile community throughout the country, and he became the solicitor and trusted adviser of many large firms. In 1876 he was created Queen’s counsel by the Ontario government, and in 1885 the Dominion ministry paid him a like high honor. Mr. MacMahon’s talents as an advocate won for him a successful career at the bar, and he has been retained as counsel in some of the most important civil and criminal cases before the courts. In 1877 he was retained by the Dominion government as leading counsel in the arbitration between the Federal government and the province of Ontario, in the protracted dispute over the western and northern boundaries of the province; and in the following year he argued the case before Sir Edward Thornton, British minister at Washington, and the Hon. Sir Francis Hincks, arbitrators for the Dominion, and Chief Justice R. A. Harrison, who represented Ontario. Their award, as our readers are aware, settled the western boundary of the province. In 1884, Mr. MacMahon was associated with Christopher Robinson, Q.C., and went to England as one of the counsel for the Dominion, when the boundary question was submitted to the judicial committee of Her Majesty’s Privy Council. The decision of this body, it is a matter of history, virtually confirmed the award of the previous arbitrators. We now come to a notable incident in Mr. MacMahon’s professional career—his retention as counsel for the prisoners in the celebrated Biddulph tragedy case. This _cause célèbre_, it will be remembered, arose out of the revolting murder of five members of the Donnelly family, residing in the township of Biddulph, when no less than fifteen persons were arrested for alleged complicity in the affair, though but five of them were subsequently prosecuted. Mr. MacMahon was retained as counsel on behalf of the prisoners, who, in 1880, were indicted by the grand jury for murder. Subsequently the Crown, deeming the evidence against James Carroll stronger than against the other prisoners, he was first brought to trial. The first jury disagreeing on their verdict, application was made for a change of venue, owing to the intense excitement over the tragedy at London; but this was refused. Carroll was again placed on his trial before a special commission, composed of two judges, and the proceedings extended over a week. The excitement was still intense; the court-room was thronged daily by great crowds of people; while representatives of the leading journals came from the chief cities to report the proceedings. The chief incidents of the early days of the trial were the skilful cross-examination of the Crown witnesses by Mr. MacMahon, which resulted in breaking down much of the case against the prisoner. The interest culminated in Mr. MacMahon’s singularly able speech for the defence, which created intense excitement in the court-room, and was favorably commented on by the legal profession and the press of the country. The Toronto _Mail_ thus referred to the speech:—“Mr. MacMahon rose to address the jury at 1.40 p.m., and as he took his stand in front of the jury-box, the silence of death fell upon the immense concourse assembled in the court-room. The address, which lasted for over two hours, was a fine effort. It was not characterized by any remarkable flights of eloquence, nor did the learned counsel try to play upon the feelings of the jurors. It was, however, a clear, concise and able argument, which left a deep impression.” The _Globe_, portraying the scene in the court-house prior to the address of the counsel for the defence, said: “Long before the half-hour’s intermission had been brought to a close the corridors of the courthouse were packed with an excited throng, eagerly pressing forward to gain admission to the court-room, which was already so densely crowded that not another could be admitted. The scene inside the court-room was one long to be remembered. It was not the seats alone that were crowded. The steps leading to the bench, and every vacant chair within the bar was occupied, while more than half of the standing room in the aisles were occupied by ladies.” The same journal in the course of a lengthy report of the speech, observes: “When the judges took their places on the bench, after the adjournment, Mr. MacMahon rose to address the jury on behalf of the prisoners. The most absolute quiet reigned throughout the court-room, and after the learned counsel for the defence had uttered his first few sentences the crowded court-room was so hushed that one might almost have heard the fall of a pin. For two hours the learned and eloquent gentleman enchained not only the attention of their lordships and the jury, but the vast throng in the crowded court-room. The address was not what would be called a flowery one, but it was earnest, eloquent and exhaustive. Not a point that could be made to tell in favor of the prisoner was overlooked, while the most favorable and plausible construction was put upon those points that bore hardest against him. During a part of the address the prisoner sat up in the dock and listened attentively, while his sister seemed to devour every word that fell from the speaker’s lips. . . . The learned counsel for the defence closed his very able and eloquent address with a solemn and pathetic appeal to the jury on behalf of the prisoner. . . . The efforts of the defence had been a series of masterpieces, throughout the long trial; but it was felt that with the eloquent and exhaustive _résumé_ of the evidence by Mr. MacMahon, these efforts had come to a close, and that nothing remained as an offset to what the Crown had to present.” The prisoner was acquitted, and the scene in the court-room and in the vicinity of the court-house was indescribable. Speaking of the memorable trial, another Toronto journal subsequently remarked: that Mr. MacMahon’s address to the jury “is still remembered as one of the most brilliant efforts of oratory ever heard within the walls of London court-house.” While a resident of London, Mr. MacMahon was mainly instrumental, in connection with Colonel James Shanly, in founding the Irish Benevolent Society in that city, of which both gentlemen, at various times, were president. This successful national society has been conducted irrespective of creed, and has been of the greatest possible good, in allaying religious prejudices and in softening religious rancour among the Irish residents of the Forest City. At the general elections of 1872 Mr. MacMahon unsuccessfully contested the City of London, for a seat in the House of Commons, against the Hon. John Carling; and again in 1878 he was a candidate for the County of Kent, against Rufus Stephenson, the then sitting member, but was defeated. Mr. MacMahon removed to Toronto at the close of the year 1883, where he successfully practised his profession. His wide legal experience, forceful and pleasing manner in addressing juries, and great natural and acquired abilities, made him one of the leading _nisi prius_ lawyers on the western circuit. On the 30th November, 1887, he was appointed judge of the Supreme Court of Judicature for Ontario, Common Pleas Division. Outside of his profession, Judge MacMahon is a man of very considerable culture and much fondness for art, his judgment as a _connoisseur_ of paintings being frequently appealed to. His collection of paintings has been much admired, and indicates a highly educated taste. In 1864 Mr. MacMahon married Isabel Janet, eldest daughter of the late Simon Mackenzie, of Belleville, by whom he has two sons.

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=Ryan, Hon. Patrick George=, Caraquet, N.B., M.P.P. for Gloucester county, was born at Bathurst, N.B., 9th May, 1838. He is of Irish descent, his parents having come from the Emerald Isle many years ago. Hon. Mr. Ryan received his early education at the Grammar School in Bathurst. After finishing his studies he went into business as a manufacturer of leather, for the preparing and tanning of which Caraquet possesses exceptional facilities. The town is situated on an inlet of Baie des Chaleurs, forty-eight miles from Bathurst. It is one of the most important fishing stations in the Dominion. The lighthouse on Caraquet Island, at the entrance to the harbor, exhibits a fixed white light fifty-two feet above the level of the sea. Bathurst, Mr. Ryan’s native place, is the shire town of Gloucester county, and is situated on Bathurst Bay, a well-sheltered sheet of water, three and a half miles long and two miles wide, opening into Baie des Chaleurs. Here an extensive trade in the salmon fishery is carried on. The Intercolonial Railway runs near the town. Hon. Mr. Ryan has for many years been a leading man in his constituency, and is one of the county magistrates. He has also held the position of warden of the municipality of Gloucester, and has been chairman of the pilotage commission for the district of Caraquet. He began political life in February, 1876, when he was elected to the House of Assembly. Mr. Ryan exhibited in the house the same forcible business qualities which had caused him to be respected outside. At the general election of 1878 he was again nominated, and was a second time elected. At the general election, held 15th June, 1882, he contested his constituency for the third time with success. His great natural abilities, and his long experience as a parliamentarian, now entitled Mr. Ryan to a share of honors, and, on the 3rd of March, 1883, he was appointed a member of the Executive Council and chief commissioner of the board of works. He was considered to be so sure of his seat in the house that when he went to his constituency no opposition was offered to him, and he was re-elected by acclamation, 26th March, 1883. Hon. Mr. Ryan, as a departmental officer, amply fulfilled the expectations formed of him by the premier and attorney-general, Hon. A. G. Blair. The latest general election was held 26th April, 1886, and the government returned from the country unbroken. Messrs. Young and Ryan, the sitting members, were opposed by such strong candidates as T. J. McManus and T. Blanchard; but the former won easily, the vote standing—Young, 1,212; Hon. P. G. Ryan, 1,177; defeating McManus, 988; Blanchard, 835. Hon. Mr. Ryan is a staunch Liberal, and believes in progressive measures. He married, 26th January, 1862, Margaret, daughter of John Murphy. While yet in the prime of life, possessed of a good private business, and well to the fore in political position, he has probably still many years of usefulness ahead of him. The north shore of New Brunswick, with its extensive forests and fisheries, will come up as a manufacturing centre. Financial reverses have to some extent, during the last few years, hindered the prosperity of the country, but with the increase of railways and the consequent diversion of travel in this direction, will come a new era of commercial and industrial activity. Such men as Hon. P. G. Ryan are the backbone and life of the country.

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=Wainwright, William=, Assistant Manager Grand Trunk Railway, Montreal, like not a few of the prominent railway men of North America, is a native of England. He was born in a city which, from its situation and industrial and commercial importance, could not fail to be closely associated with whatever was most enterprising in the British railway movement of from forty to fifty years ago. It was not surprising that a young man of ability and ambition should be early attracted to a branch of business which had prizes for those who could win them. Mr. Wainwright, born on 30th of April, 1840, was not quite eighteen when he entered the service in January, 1858. He applied himself diligently to the tasks assigned him, and that he succeeded in mastering them in all their details was shown by the successive steps of promotion of which he was deemed worthy by his superiors. He began as junior clerk in the chief accountant’s office, but in due time rose to the positions of senior clerk, secretary to assistant-general manager, and general manager of the road with which he was connected. That line was the Manchester, Sheffield and Lincolnshire Railway, which traverses a most important portion of central England. In 1862, Mr. Wainwright came to Canada and obtained a position on the Grand Trunk. For a year, he served as senior clerk in the accountant’s office. Then he was appointed secretary to the managing director, and in that capacity he continued for three years. We next find him filling the office of senior clerk in the manager director’s department, and taking charge of the car mileage. Thus passed six years more, and then Mr. Wainwright became general passenger agent. As such he was widely known and gave general satisfaction as well to his colleagues and superiors as to the public that had dealings with him. He remained in that position for upwards of eight years, until in May, 1881, he received the appointment of assistant-manager, the duties of which he still so ably discharges. Mr. Wainwright was also general manager of the North Shore Railway, from April, 1883, until the transfer of that line to the Canadian Pacific Railway. Mr. Wainwright is highly esteemed in private life, being as agreeable in social intercourse as he is assiduous and conscientious in the discharge of his official duties.

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=Rose, Hon. Justice John E.=, LL.D., Toronto, one of the Judges of the Court of Common Pleas, was born at Willowdale, county of York, on the 4th of October, 1844. His father, who came from the vicinity of Kingston, was born in 1806, and is at the present time the oldest Methodist minister in Canada, and was long and favorably known to the denomination as the manager for many years of the Methodist book concern in Toronto. His mother, who belongs to the Street family, was a native of the Niagara District. Judge Rose received his early education at the Dundas Grammar School, and after a successful academic course at Victoria College, Cobourg, graduated there in 1864. Making choice of law for his profession, he diligently pursued his studies in the offices of Ross, Bell & Holden, of Belleville, and of Patterson, Beaty, & Hamilton, of Toronto. In 1866 he took his degree in law, and in the following year was called to the bar of the province. He commenced the practice of his profession in Toronto, and was soon successful in building up a large and remunerative business, the firm ultimately including five partners and giving employment to about a score of clerks. In 1881 he obtained his silk gown as Queen’s counsel, and with this merited honor and the enhanced professional status, came increase of business and the continued confidence of a large and rapidly extending circle of clients. He was specially retained by Parkdale to procure from the railway committee of the Privy Council an order for the construction of the sub-way on Queen street, which was the first order of the kind made under the Act, and was obtained in spite of the opposition of four powerful railway companies. Mr. Rose was equally successful in conducting the well-known case of Moore v. the Mutual Insurance Company which eventually was decided in the plaintiff’s favor by the Imperial Privy Counsel; and in other important suits of a commercial character his professional abilities have won him deserved honors. From an early age he took a deep interest in the affairs of the Methodist church, and became an active and zealous worker in its ranks. He was at first connected with Elm street Church, Toronto, but on the erection of the Metropolitan Church he associated himself with those who were the founders of that edifice, and on Dr. Punshon’s departure for England he became an official member and trustee of the Metropolitan Church, and the recording secretary of the board. Mr. Rose is also a member of the Senate of Victoria University, in whose affairs he takes a warm interest, and in 1886 that university conferred upon him the honorary degree of LL.D. In 1883 the Dominion government appointed him to a judgeship in the Common Pleas Division of the High Court of Justice for Ontario, rendered vacant by the elevation of Mr. Justice Osler to the Court of Appeal. The appointment gave universal satisfaction to the profession, by whom the learned judge is held in high esteem, for to this elevated and honorable position on the bench of his native province Mr. Rose brought eminent abilities, a well read, judicial mind, industrious and pains-taking habits, and a ready faculty of discerning the essential points of a case and of soundly determining the law. In not a few of his charges to juries he has shown himself a wholesome and stern moralist, and determined to exercise for good his high position on the bench. Judge Rose was a Liberal Conservative in politics. In 1868 he married Kate Macdonald, of Toronto, by whom he has three children.

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