MarketNorman Birkett, 1st Baron Birkett
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Norman Birkett, 1st Baron Birkett

William Norman Birkett, 1st Baron Birkett,, was a British barrister, judge, politician and preacher who served as the deputy British judge during the Nuremberg Trials.

Early life and education
Norman was born in Ulverston, Lancashire (now part of the administrative county of Cumbria), on 6 September 1883 to Thomas Birkett, a draper, and his wife Agnes, who died in 1884 of tuberculosis. He left school in 1898, starting work as an apprentice in one of the draper's shops owned by his father and beginning to preach. He was a popular local preacher on the local Methodist circuit, and, on deciding that he was unlikely to be a good draper, his father allowed him to leave the business in 1904 to become a minister under Charles Bedale. In 1905, Bedale suggested Birkett should go to Cambridge University to study history and theology. Birkett liked the idea, having previously conversed with A. C. Benson, the Master of Magdalene College, and applied to Emmanuel College, Cambridge. The college offered him a place, with the condition that he would have to pass an entrance examination and complete the responsions to be accepted into the university as a whole. He spent three months learning Latin and Greek and was accepted into the university in October 1907. At Cambridge, Birkett preached on the local Methodist circuit and at The Leys School. He was also active in sport, playing rugby, football and golf. He first spoke at the Cambridge Union Society in his second term at Cambridge on the motion of "this House would welcome the Disestablishment of the Church of England", and the Cambridge Review reported that it was "a most interesting speech". In his second year, he was elected to the Emmanuel Debating Society Committee and spoke many times at the Union on subjects including Home Rule for Ireland, cruelty to animals and secular education. He befriended Arnold McNair, the Secretary of the Union, and McNair agreed to put Birkett's name on the electoral papers for election to the Union Committee. Birkett failed to get in, but on running again in 1910 was elected Secretary of the Union by a margin of only six votes. He became vice-president the following term, and President the term after that. and the speech he gave when Theodore Roosevelt visited Cambridge was well received by both Roosevelt and the university as a whole. and that year gained first-class honours in his Theological Special Examination. By this point, he was having doubts about his future as a minister and consulted with the university Law Reader as to the possibility of a career as a barrister. On the Reader's advice, Birkett took the Part II Law Tripos in 1911, passing with second-class honours. After only a month of working for Cadbury, his salary was raised to £500, and he was offered a permanent position. He took the first part of the Bar Examination in 1912, but failed the paper on real property; he passed it on his second attempt, and was called to the Bar at the Inner Temple on 4 June 1913. ==Practice at the Bar and time as a member of parliament==
Practice at the Bar and time as a member of parliament
, who offered Birkett a place in his chambers based on his performance in the Green Bicycle Case. After qualifying as a barrister, he moved to Birmingham in 1914, choosing the city because he had some connections there thanks to his association with Cadbury, and began work at the chambers of John Hurst. Birkett became a popular defence counsel, something that on occasion caused him trouble; he was once forced to refuse a defendant's request to act as his representative because Birkett was expected in a different court. He impressed the Bench in Birmingham so much that, in 1919, he was advised by a local Circuit Judge to move to London to advance his career. Although he was initially hesitant, saying that "competition in London is on quite a different scale, and if I failed there, I would have lost everything I have built up here", a case he took in 1920 changed the situation. He acted as a junior for the prosecution in the so-called Green Bicycle Case against Edward Marshall Hall. Although he lost, he sufficiently impressed Marshall Hall for the latter to offer him a place in his chambers in London. He had no connections with the solicitors in London, and the clerk at his new chambers got around this lack of contacts by using him as counsel in cases involving Marshall Hall, who as a King's Counsel could appear in court only when accompanied by a junior barrister such as Birkett. Member of Parliament His father had been a supporter of the Liberal Party, and Birkett had helped campaign for them during the 1906 general election. He had been invited to become the Liberal candidate for Cambridge in 1911, but he refused because he had no income; he did, however, help his employer George Cadbury, Jr. get elected as a Liberal Councillor in Birmingham and helped start a branch of the National League of Young Liberals in the city. Birkett's political career took off in 1923. He ran for Nottingham East in the 1923 general election, and was elected with a majority of 1,436 votes, a feat that was described as an "overwhelming victory" since the Conservative Party had held the seat since 1910 and had a majority of 4,000 at the previous election. Birkett's maiden speech in Parliament responded to a proposal by Charles Dukes, a Labour Party Member of Parliament, in favour of state pensions for widows with children, and wives whose husbands were unable to work because of injury. Birkett went further than the proposed change and suggested that pensions should be provided to unmarried mothers, deserted wives and divorced wives. Because of his focus on his career as a barrister rather than as a politician, Birkett rarely appeared in the House of Commons, but he worked hard when he did attend. On one occasion, he spent all night in a Parliamentary session that ended at 6 a.m. and then attended a court session the next day. He was accepted on 15 April 1924 and sworn in on the same day. His promotion was met with approval from several noted judges, including Arthur Greer, later a Lord Justice of Appeal, who wrote that "unless my judgement is very much astray, you will quickly acquire a leading place in the front row", a feeling which was echoed by other justices including William Finlay, who wrote that "I am confident that you will rise to the top of the profession, and I shall very greatly rejoice when my confidence is justified." In his first year as a King's Counsel Birkett earned £8,600, double what he had taken the previous year as a junior brief. In 1924, the Campbell Case brought down the Labour minority government and forced a general election. Birkett returned to Nottingham East to campaign for his re-election, though he faced a much more difficult job than he had in 1923. The Conservative candidate, Edmund Brocklebank, was much stronger than in the previous election, and the left-wing vote was split because he was also campaigning against Tom Mann, a noted Communist. A few days before the election, the Zinoviev letter, allegedly addressed to the Communist Party, was published that mentioned organising uprisings in British colonies; fear of the "socialist menace" drove many voters to the right, and in the election on 29 October 1924, many Liberal members of parliament, including Birkett, lost their seats to Conservatives. When the Dennistouns divorced, Mr. Dennistoun could not pay ancillary relief. He instead promised that he would provide for his ex-wife in the future when he had the money. and an illness made him irritable and short-tempered. On the advice of his clerk, he asked Birkett to make the closing address before the court, Birkett's performance made the front pages of many evening newspapers, including The Daily Mail which described Birkett as "the greatest legal discovery of the year" and called his speech "a brilliant piece of advocacy". In that year he made £12,000 overall, an amount which rose to £16,500 in 1926 and peaked in 1929 when he earned £33,500. On meeting Miles Malleson, an old friend from his time at Cambridge, he said in surprise "did you know, Miles, that I am making more money than I thought existed in the world!" Birkett represented publisher Jonathan Cape in the 1928 obscenity trial against Radclyffe Hall's novel The Well of Loneliness. Birkett arrived two hours late to court on the first day of the trial, and performed poorly. During a recess, Hall insisted that Birkett retract his early argument that the romantic relationships depicted between women in the trial were merely platonic. Return to politics Birkett was returned as MP for Nottingham East at the general election on 31 May 1929 in which he won 14,049 votes, taking the seat with a majority of 2,939. , who offered Birkett the position of Solicitor General if he would defect and join the Labour Party As the largest single party, the Labour Party formed a minority government and set about filling the ministerial posts. The Labour Party had few experienced lawyers in the House of Commons, so Labour Prime Minister Ramsay MacDonald attempted to lure prominent Liberal lawyers to fill the positions of Attorney General and Solicitor General for England and Wales. His attack on a clause of the Finance Act 1930 drew much praise from both Liberal and Conservative politicians, including Winston Churchill, who said that "I have rarely heard a speech more precisely directed at the object under debate, more harmoniously attuned to the character of Committee discussion, than the excellent statement the Honourable and learned Gentleman has just made". The speech was a particularly well-received one and led MacDonald to again offer the position of Solicitor General to Birkett, as the incumbent postholder James Melville was about to resign. Again Birkett refused, and Stafford Cripps was appointed. Birkett was offered a non-legal office but said that he "could not contemplate a post that meant giving up my practice". After an economic crisis in 1931, the King dissolved parliament and Birkett returned to Nottingham East to defend his seat; his main opponent was the Conservative, Louis Gluckstein, who had challenged him in the 1929 election. The Conservative Party's support of protectionism met with approval from the electorate, as most were employed in industries which had suffered after the institution of free trade. Gluckstein won the general election on 27 October 1931 with a majority of 5,583 votes. On 3 November, Birkett was informed that if he had been returned, the Prime Minister intended to make him Solicitor-General. He was invited to become a Liberal candidate two more times; once in 1931 for Torquay and once in 1932 for North Cornwall. Return to the Bar In 1930, Birkett was involved in the so-called Blazing Car murder case. On 6 November 1930, two men returning home in Northampton noticed a bright light in the distance and saw a man come out of a ditch at the side of the road, glance back toward the light and say "looks like somebody has had a bonfire". The two young men ran toward the light, saw it was a burning car and fetched a policeman. Rouse was damned by a series of events. When arrested, he made statements such as "I'm very glad it's over" and "I'm responsible" and that the car engine had been off at the time of the fire, ruling out the possibility of accidental ignition. When he appeared as a witness, the defendant claimed that after giving an unknown man a lift, he had found that he was running out of petrol and had asked the passenger to take the spare can in the car and fill up the fuel tank. While he was doing this, Rouse testified that he went to the side of the road to urinate, and while there heard a large explosion. He said he saw a large flame and became convinced the petrol tank would explode. As such he ran away as fast as possible, at which point he ran into the two young men on the road. After his appeal had been rejected by both the Court of Appeal and the Home Secretary, Rouse admitted that he had in fact committed the murder – although he never gave a reason – it was theorised that he had done so in an attempt to fake his own death. Despite his admission of guilt the identity of the victim has never been discovered. In June 1934, a woman's torso was found in a suitcase in Brighton railway station. The legs were discovered at King's Cross station the next day, but her head and arms were never found, and the case is still unsolved. A woman by the name of Violette Kaye had disappeared, and the appearance of the first woman's body prompted greater scrutiny on Kaye's case. While Mancini was in prison, his solicitor phoned Birkett and asked him to work as counsel for the defence, which Birkett agreed to do. Birkett also emphasised the affectionate nature of the relationship between Kaye and Mancini before Kaye's death. Despite strong evidence that he had committed the crime, including marks on the victim's skull believed to be from a hammer and marks of blood on Mancini's clothing, the jury found Mancini not guilty after two and a half hours of deliberations. Mancini confessed to the murder before dying. In March 1936, Birkett defended Dr Buck Ruxton over the infamous Jigsaw Murders. Ruxton was found guilty of murdering his wife, Isabella, and their children's nanny, Mary Rogerson, before dismembering their bodies and disposing of the parts in a ravine at Moffat, in the Scottish Borders. Ruxton was hanged at Strangeways Prison in May 1936. In May 1937 Birkett was appointed Chairman of the Inter-Departmental Committee for Abortion set up by the Minister of Health and Home Secretary, preparing a report "to inquire into the prevalence of abortion, and the law relating thereto, and to consider what steps can be taken by more effective enforcement of the law", During the summer of 1937, Birkett was asked to represent the English Bar at the annual meeting of the Canadian Bar Association in Toronto, where he was a popular speaker. In January 1938, he was asked to act as a Commissioner of Assize to open the Assize Court in Aylesbury, dealing with an average of 10 cases a day. After the outbreak of World War II in 1939, he became a member of a committee advising the Home Secretary on the detention of suspected enemy agents. The committee dealt with more than 1,500 cases in two years. Although the work was unpaid, he was knighted (as a Knight Bachelor) on 6 June 1941 as a reward for his work. He also delivered weekly radio broadcasts after the Friday night news to counter the broadcasts of William Joyce, known as Lord Haw Haw. The first broadcast took place on 9 February 1940, and they were considered to be a morale boost during the so-called Phoney War. ==Judicial work==
Judicial work
Birkett had been offered appointment to the High Court as early as 1928, but turned it down, saying that "I wasn't really drawn to the judicial office... I loved the Bar too much". Birkett considered it his "public duty" to join the bench and wrote back on 4 November accepting the offer. He did not enjoy his time in the high courts, admitting that he "missed the limelight" of being an advocate, and, combined with ill-health, he suffered from depression in 1942. For several weeks in 1943, he sat in the Court of Appeal before departing on an Assize visit. He fell ill after a few weeks with a combination of heart disease and pneumonia, and he returned home to recover. He suffered from more illness over the next year and considered resigning as a judge, as he felt that he could no longer trust his abilities as one. During his time in the High Court, he dealt with several notable cases including Constantine v Imperial Hotels Ltd, which reaffirmed the common law principle that innkeepers must not refuse accommodation to guests without just cause. Nuremberg trials On 30 August 1945, Birkett received a letter from the Lord Chancellor asking him to serve as the British judge at the Nuremberg Trials of German War Criminals. He accepted, saying that it was "a great honour to be selected". However, when he went to London to discuss it, he was informed that the Foreign Office wanted a more senior judge to be in attendance, ideally a Law Lord, but since no Law Lord was available, they had requested that a judge from the Court of Appeal should be appointed. Geoffrey Lawrence was made the main British judge, and Birkett was offered the position of alternate judge for the trials, which he accepted, although with less enthusiasm than he had shown when accepting the original offer. The trial lasted from 18 October 1945 to 30 September 1946, and although Birkett did not have a vote in the proceedings as an alternate judge, his opinion was given weight, and it helped sway the decisions made by the main judges. After returning home from the trials, he received praise from both the Lord Chancellor, who said that "The country owes much to him for vindicating our conceptions of an impartial trial under the rule of law", After the judges returned home, Lawrence was made a Baron for his work at Nuremberg, but Birkett received nothing. The lack of reward for his work pushed him into depression, which he took many months to recover from. He was eventually made a Privy Counsellor in the 1947 Birthday Honours, but he saw this as poor reward for the work he had put in at Nuremberg. He was again struck by depression in 1948 when Sir Alfred Thompson Denning and Sir John Singleton were both appointed to the Court of Appeal ahead of him, despite having been appointed to the High Court after him. On 30 July 1949, Birkett went to the Lord Chancellor and discussed the possibility of his appointment to the Court of Appeal, but left dissatisfied. On 14 November, a duodenal ulcer perforated, from which he spent six months recovering. In an attempt to appease him, the Lord Chancellor offered Birkett a peerage without salary on 8 May 1950, but he refused as he lacked the means to survive without paid employment. He was sworn in on 2 October, and heard his first case the following day. He found the work in the Court of Appeal dull, and his disappointment increased the longer he worked. As in the High Court, he felt uncertain about his judgements and unsure as to whether he was affecting the law. Despite his unhappiness with his work in the Court of Appeal, he worked until 1956, when his long service as a judge allowed him to draw a pension. In his remaining time in the Court of Appeal, Birkett judged several notable cases, in particular Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401, and Entores Ltd v Miles Far East Corporation [1955] 2 QB 327, where the court made a landmark decision on acceptance of a contract in relation to Telex. ==Retirement==
Retirement
On 13 June 1957 he became chairman of a committee of Privy Counsellors holding an inquiry into the Home Secretary's use of telephone tapping. After twenty-nine meetings, Birkett drafted a report which he passed on to Parliament supporting the use of telephone taps and noting their effectiveness. On 9 December, a letter arrived from the Prime Minister offering him a peerage. He accepted, and his name appeared in the 1958 New Years Honours list; created Baron Birkett, of Ulverston in the County of Lancaster, and took his seat in the House of Lords on 20 February 1958. In February 1959, he appeared on the first episode of the BBC television program Face to Face, where he was described as "one of the three or four greatest criminal lawyers of this century, and perhaps one of the three or four greatest criminal lawyers of all time". Outside politics and the law, he also served as Master of the Worshipful Company of Curriers four times. In May, he moved the first reading of the Obscene Publications Bill, which passed with support from both sides of the house. Privately, Birkett believed that "there will never be a satisfactory law in England about obscenity. Our 1959 Act is the best we have yet done." In 1961, he was again invited by the BBC to give a series of talks on the BBC Home Service, this time titled "Six Great Advocates". He picked Edward Marshall Hall, Patrick Hastings, Edward Clarke, Rufus Isaacs, Charles Russell and Thomas Erskine. He sat for the last time in the House of Lords on 8 February 1962, where he made a speech criticising an element of the Manchester Corporation Bill which would have water drained from Ullswater to meet the needs of the growing population in Manchester. His speech was "deeply felt and eloquent", and when the votes were announced, Birkett and his supporters had won by 70 votes to 36. The Ullswater Yacht Club now holds an annual Lord Birkett Memorial Trophy Race on the lake. The next morning he complained of heart trouble, collapsed shortly after lunch and was taken to the hospital. The doctors discovered that he had ruptured an important blood vessel and immediate surgery was needed to fix it. The operation failed to fix the problem, and he died early in the morning on 10 February 1962. His son, Michael, succeeded him as Baron Birkett. Arms ==Notes==
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