He was an eccentric judge who offended Daniel O'Connell. O'Connell raised a motion, carried by MPs on 13 February 1834, to appoint a select committee to enquire into the conduct of Lord Smith in respect of his neglect of duty as a judge, and the introduction of political topics in his charges to grand juries. On the count of neglect, Cusack-Smith had been accused of rarely beginning his court sessions until after noon, occasionally running them until late into the night.[1]The accusation of introducing political topics stemmed from statements made from the bench to grand juries condemning partisan agitation practices, which were themselves perceived as inflammatory due to their one-sided nature, although in fairness he was far from being the only judge to behave in this manner.[1]On 21 February there was an important debate on the matter, and the resolution to appoint the committee was rescinded by a majority of six.
Cusack-Smith, though a devout member of the Church of Ireland, was a lifelong supporter of Catholic Emancipation (his mother was a Roman Catholic),[3] but moved from early rejection of the Act of Union to supporting it. Despite this reversal, his conscientious conduct as a judge was well thought of to the extent that he was even congratulated by voices among the Repealers movement on his escape from parliamentary inquiry.[4]
He was ill for some months before his death, but had appeared to recover. His death, at the family seat in Newtown, was sudden, and was generally believed to be suicide.
Family
William Cusack-Smith added his mother's surname to his own upon her death. He married Hester Fleetwood Berry (29 Jan 1762 – 4 Jun 1832), daughter of Thomas Berry of Eglish Castle, County Offaly and his wife and cousin Frances. They had four children:
Sir Michael Cusack-Smith, 3rd Baronet (1793–1859)
Thomas Cusack-Smith, who followed in his grandfather's footsteps to become Master of the Rolls in Ireland.
Two daughters, Frances Mary Anne and Mary Anne Angelina, neither of whom married. Frances (Fanny) lived to be 94.
Many of Hester's letters to members of her family, particularly her favourite brother Robert, survive.
Publications
The Patriot, or Political Essays, 1793.
The Anonymous, Volume I, 1810.
The Anonymous, Volume II, 1810.
The Maze, a poem, 1815.
Tracts upon the Union, 1831.
Metaphysic Rambles, 1835.
Ramble On; or dialogue the second between Warner Search, and Peter Peeradeal, 1835.
Another stroll, being the third, of W.C.S. and his alter idem friend P.P., 1836
The Goblins of Neapolis, 1836.
Arms
Coat of arms of Sir William Cusack-Smith, 2nd Baronet
Notes
Supporters granted separately to the second baronet by William Betham (Deputy Ulster King of Arms) on 8 March 1810.[5]
Crest
In a ducal coronet Or a unicorn's head Azure armed Gold.
Escutcheon
Quarterly 1st & 4th Argent on a bend between two unicorns' heads erased Azure armed Or three lozenges of the last (Smith) 2nd & 3rd per pale Or and Azure a fess counterchanged (Cusack).
Supporters
Dexter a merman Sable crined and garnished Or bearing in his exterior hand a trident of the second sinister a mermaid Sable crined and garnished Or and bearing in her exterior hand a mirror Proper framed and handled of the second.
Motto
Mores Meliores Metallo
References
^ abcBall, F. Elrington " The Judges in Ireland 1221–1921 " John Murray, London, 1926