Leonard Costello
Encyclopedia
Leonard Wilfred James Costello (25 August 1881 – 2 December 1972) was an English barrister
, college lecturer
, soldier
and colonial judge
who was also a Liberal Party
politician.
and was later president of the Alleyn Club, established in honour of the school’s founder
. He then went to Peterhouse College, Cambridge where he gained BA
and LL.B
degrees in 1902 and an MA
in 1906. In 1907 he married Winifred Avery, the daughter of Thomas Belgrave and they had two daughters. His first wife died in 1950 and in 1952 he married Joan Piper, the daughter of George Hewitt. She died in 1972.
in 1903. He then practised on the Midland Circuit from 1903 to 1926. Between 1906 and 1908 he had a position as a lecturer in law at University College, Nottingham. He later went out to India where, from 1926-1940, he was a judge
in the High Court in Calcutta. He was Acting Chief Justice of Bengal
in 1937 and again 1939. In 1937, he was strongly criticised by the Indian National Congress
after remarks he made in a murder trial that the poor education and biased approach of potential jurors made the jury system unsuitable in India. It was widely believed that the jury in the case had made up their mind to find the defendant guilty despite what Costello regarded as conclusive evidence of guilt. Costello was nevertheless knighted in 1935 for his role as a Bengal judge and was awarded the CBE
in 1946.
case ran from 1933 to 1946, creating a sensation across India, with courts involved in London, Calcutta and Dhaka. In a case with echoes of the famous Tichborne Claimant
, the court action was concerned with the dispute of inheritance of an estate and the identity of the Second Kumar of Bhawal (a Bengali princeling or zamindar
) who was declared dead under mysterious circumstances, and who came back to life after twelve years.
A collection of documents relating to the case has been deposited in the library of the University of Exeter
. It consists of eight oversize printed portfolios containing photographs of evidence. The items in this collection originate from the Appeal from Original Decree (Sreemati Bibhabati Devi v. Ramendra Narayan Roy), over which Costello presided as Acting Chief of Justice. This part of the trial took place at the High Court of Judicature, Fort William, Bengal, India, 1939. Also included is a box of newspaper cuttings relating to the case as well as court schedule lists, 1939.
in Devon
from 1940 onwards. He was a member of the Devon Magistrates Courts Committee from its inception till 1956. He was Deputy Chairman of the County Justices Committee, 1941–46 and Chairman from 1946–56. He served as Legal Adviser to the Devon County Army Welfare Services, 1941–46 (for which work he was awarded the Defence Medal). He was Deputy Chairman of Devon Quarter Sessions
1940-1947 and Chairman from 1947-1956. He was Chairman of the Devon Branch of the Magistrates Association 1954-1963 and sometime member of the National Council of the Joint Committee of the Magistrates Association.
.
. He was a member of the Council of the charitable fund-raising event, the Alexandra Rose Day
, being its Honorary Treasurer after 1941. He was also Chairman of the Lumley Memorial Trust from 1950 onwards and President of his local Committee of the Cancer Research Campaign, since its inception.
Advisory Committee on Aliens in the Isle of Man
in 1941. He was a member of the Managing Committee of Elizabeth Garrett Anderson Hospital, 1941–50; President of the All India and of Calcutta Societies for the Prevention of Cruelty to Animals, 1933–41 and President of the Soc for the Protection of Children in India, 1927–37. He was twice President of the Bengal Flying Club, Calcutta.
, 1945–46. He was a member of the Rating Appeal Committee, 1940–50, a member of the Devon Standing Joint Committee, 1946 and was Vice-Chairman from 1952–56. He chaired the General Commissioners of Income Tax for the East Budleigh and Clifton Division of Devon, 1954–64. He was a member of the Exeter Cathedral
Restoration Fund Committee, 1946–66 AND served on various Devon committees of the NSPCC
, 1949–70. In work connected to his legal background he was a member of the Board of Visitors
of HM Prison, Dartmoor
, 1950–61 and Chairman of the County Confirming and Compensation Committees, 1951–56. From 1946-1956 he was a member of the Exeter Prison Visiting Justices Committee, 1946–56 and was for five years President of the Conference of Prison and Borstal
Visiting Justices. He also served on Devon Agricultural Wages Committee
, 1956–62, as Chairman of the Agricultural Land Tribunal for the South West Region of England, 1948–58 and was sometime Chairman of the Directors of Exeter Theatre Co. Ltd. He was President, Devon Old Peoples Welfare Committee; a Commissioner of Income Tax for the East Exminster Division of Devon; Vice-President and Member of Committees, Devon Community Council and Vice-President, Devon Branch of the Forces Help Society.
and he was later the Chairman of the NLYL London Council. In 1910 he stood for election to the London County Council
as a member of the Progressive Party
in Chelsea
. He was a member of the Council of the London Liberal Party, President of Devon and Cornwall Liberal Federation, 1968–71 and President of Tiverton Divisional Liberal Association, 1968–71. He first stood for Parliament at the January 1910 general election, contesting the Strand Division of Westminster
, a safe Unionist
seat. From 1912 to 1914 he was prospective Liberal candidate for Islington North
but the intervention of the First World War meant he never fought the seat. In 1918
he stood for election in Exeter
but as an Independent Asquithian Liberal he was not given the Coalition coupon
and lost to the sitting Coalition Conservative, Sir Robert Newman. He fought Exeter again in 1922
again losing to Newman in a straight fight. But at the 1923 general election
he switched seats to contest Huntingdonshire
, beating the sitting Tory
MP, Charles Kenneth Murchison, by a majority of 1,061 votes. It was an unexpected win, overturning a Tory majority of nearly 5,000 and Murchison put it down to deficiencies in his local party organisation. With the Tories making a renewed effort Costello held the seat for just a year as Murchison won it back at the 1924 general election
.
Costello’s year in the House of Commons
seems to have enough for him as he did not to fight any further Parliamentary campaigns, although he was reported as being one of the Liberal candidates considered for the by-election at Berwick-upon-Tweed
p2 in 1941 fought under the wartime truce. In the event a local candidate, George Charles Grey
was chosen and was returned unopposed.
, Devon on 2 December 1972, aged 91 years.
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, college lecturer
Lecturer
Lecturer is an academic rank. In the United Kingdom, lecturer is a position at a university or similar institution, often held by academics in their early career stages, who lead research groups and supervise research students, as well as teach...
, soldier
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
and colonial judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who was also a Liberal Party
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
politician.
Family and education
Leonard Costello was born in London, the son of James and Alice Costello. He was educated at Dulwich CollegeDulwich College
Dulwich College is an independent school for boys in Dulwich, southeast London, England. The college was founded in 1619 by Edward Alleyn, a successful Elizabethan actor, with the original purpose of educating 12 poor scholars as the foundation of "God's Gift". It currently has about 1,600 boys,...
and was later president of the Alleyn Club, established in honour of the school’s founder
Edward Alleyn
Edward Alleyn was an English actor who was a major figure of the Elizabethan theatre and founder of Dulwich College and Alleyn's School.-Early life:...
. He then went to Peterhouse College, Cambridge where he gained BA
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
and LL.B
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degrees in 1902 and an MA
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in 1906. In 1907 he married Winifred Avery, the daughter of Thomas Belgrave and they had two daughters. His first wife died in 1950 and in 1952 he married Joan Piper, the daughter of George Hewitt. She died in 1972.
The Law
Costello was called to the Bar at the Inner TempleInner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1903. He then practised on the Midland Circuit from 1903 to 1926. Between 1906 and 1908 he had a position as a lecturer in law at University College, Nottingham. He later went out to India where, from 1926-1940, he was a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in the High Court in Calcutta. He was Acting Chief Justice of Bengal
Bengal
Bengal is a historical and geographical region in the northeast region of the Indian Subcontinent at the apex of the Bay of Bengal. Today, it is mainly divided between the sovereign land of People's Republic of Bangladesh and the Indian state of West Bengal, although some regions of the previous...
in 1937 and again 1939. In 1937, he was strongly criticised by the Indian National Congress
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
after remarks he made in a murder trial that the poor education and biased approach of potential jurors made the jury system unsuitable in India. It was widely believed that the jury in the case had made up their mind to find the defendant guilty despite what Costello regarded as conclusive evidence of guilt. Costello was nevertheless knighted in 1935 for his role as a Bengal judge and was awarded the CBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
in 1946.
The Bhowal Sanyasi case
The Bhowal SanyasiBhawal case
The Bhawal case was an extended Indian court case about a possible impostor who claimed to be the prince of Bhawal, who was presumed dead a decade earlier.- Apparent first death and cremation :...
case ran from 1933 to 1946, creating a sensation across India, with courts involved in London, Calcutta and Dhaka. In a case with echoes of the famous Tichborne Claimant
Tichborne Case
The affair of the Tichborne claimant was the celebrated 19th-century legal case in the United Kingdom of Arthur Orton , an imposter who claimed to be Sir Roger Tichborne , the missing heir to the Tichborne Baronetcy....
, the court action was concerned with the dispute of inheritance of an estate and the identity of the Second Kumar of Bhawal (a Bengali princeling or zamindar
Zamindar
A Zamindar or zemindar , was an aristocrat, typically hereditary, who held enormous tracts of land and ruled over and taxed the bhikaaris who lived on batavaslam. Over time, they took princely and royal titles such as Maharaja , Raja , Nawab , and Mirza , Chowdhury , among others...
) who was declared dead under mysterious circumstances, and who came back to life after twelve years.
Papers
A collection of documents relating to the case has been deposited in the library of the University of Exeter
University of Exeter
The University of Exeter is a public university in South West England. It belongs to the 1994 Group, an association of 19 of the United Kingdom's smaller research-intensive universities....
. It consists of eight oversize printed portfolios containing photographs of evidence. The items in this collection originate from the Appeal from Original Decree (Sreemati Bibhabati Devi v. Ramendra Narayan Roy), over which Costello presided as Acting Chief of Justice. This part of the trial took place at the High Court of Judicature, Fort William, Bengal, India, 1939. Also included is a box of newspaper cuttings relating to the case as well as court schedule lists, 1939.
Legal appointments
Costello was a Justice of the PeaceJustice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
in Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
from 1940 onwards. He was a member of the Devon Magistrates Courts Committee from its inception till 1956. He was Deputy Chairman of the County Justices Committee, 1941–46 and Chairman from 1946–56. He served as Legal Adviser to the Devon County Army Welfare Services, 1941–46 (for which work he was awarded the Defence Medal). He was Deputy Chairman of Devon Quarter Sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
1940-1947 and Chairman from 1947-1956. He was Chairman of the Devon Branch of the Magistrates Association 1954-1963 and sometime member of the National Council of the Joint Committee of the Magistrates Association.
Soldier
Costello served in the European theatre in the First World War achieving the rank of Captain in the Royal Army Service CorpsRoyal Army Service Corps
The Royal Army Service Corps was a corps of the British Army. It was responsible for land, coastal and lake transport; air despatch; supply of food, water, fuel, and general domestic stores such as clothing, furniture and stationery ; administration of...
.
Philanthropy
Costello was a tireless supporter of charitable ventures. He served as a member of the Lord Roberts Memorial Workshops, an organisation set up to create employment for wounded ex-servicemen and named after Field Marshal Lord RobertsFrederick Roberts, 1st Earl Roberts
Field Marshal Frederick Sleigh Roberts, 1st Earl Roberts, Bt, VC, KG, KP, GCB, OM, GCSI, GCIE, KStJ, PC was a distinguished Indian born British soldier who regarded himself as Anglo-Irish and one of the most successful British commanders of the 19th century.-Early life:Born at Cawnpore, India, on...
. He was a member of the Council of the charitable fund-raising event, the Alexandra Rose Day
Alexandra Rose Day
Alexandra Rose Day is a charitable fund raising event held in the United Kingdom since 1912. It was first launched on the 50th anniversary of the arrival of Queen Alexandra, the consort of King Edward VII, from her native Denmark to the UK...
, being its Honorary Treasurer after 1941. He was also Chairman of the Lumley Memorial Trust from 1950 onwards and President of his local Committee of the Cancer Research Campaign, since its inception.
Other public and civic appointments
In 1939 Costello was appointed a member of the National Service Act Appeals Tribunal for England and Wales, a body which heard appeals from those applying to be registered as conscientious objectors when refused permission by local tribunals. He was also Chairman of a Home OfficeHome Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
Advisory Committee on Aliens in the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
in 1941. He was a member of the Managing Committee of Elizabeth Garrett Anderson Hospital, 1941–50; President of the All India and of Calcutta Societies for the Prevention of Cruelty to Animals, 1933–41 and President of the Soc for the Protection of Children in India, 1927–37. He was twice President of the Bengal Flying Club, Calcutta.
Public service in Devon
Costello served as High Sheriff of DevonHigh Sheriff of Devon
The High Sheriff of Devon is the Queen's representative for the County of Devon, a territory known as his bailiwick. Selected from three nominated people, he holds his office over the duration of a year. He has judicial, ceremonial and administrative functions and executes High Court...
, 1945–46. He was a member of the Rating Appeal Committee, 1940–50, a member of the Devon Standing Joint Committee, 1946 and was Vice-Chairman from 1952–56. He chaired the General Commissioners of Income Tax for the East Budleigh and Clifton Division of Devon, 1954–64. He was a member of the Exeter Cathedral
Exeter Cathedral
Exeter Cathedral, the Cathedral Church of Saint Peter at Exeter, is an Anglican cathedral, and the seat of the Bishop of Exeter, in the city of Exeter, Devon in South West England....
Restoration Fund Committee, 1946–66 AND served on various Devon committees of the NSPCC
NSPCC
The National Society for the Prevention of Cruelty to Children is a United Kingdom charity campaigning and working in child protection.-History:...
, 1949–70. In work connected to his legal background he was a member of the Board of Visitors
Independent Monitoring Board
Independent Monitoring Boards are statutory bodies established by the Prison Act 1952 to monitor the welfare of prisoners in the UK to ensure that they are properly cared for within Prison and Immigration Centre rules, whilst in custody and detention...
of HM Prison, Dartmoor
Dartmoor (HM Prison)
HM Prison Dartmoor is a Category C men's prison, located in Princetown, high on Dartmoor in the English county of Devon. Its high granite walls dominate this area of the moor...
, 1950–61 and Chairman of the County Confirming and Compensation Committees, 1951–56. From 1946-1956 he was a member of the Exeter Prison Visiting Justices Committee, 1946–56 and was for five years President of the Conference of Prison and Borstal
Borstal
A borstal was a type of youth prison in the United Kingdom, run by the Prison Service and intended to reform seriously delinquent young people. The word is sometimes used loosely to apply to other kinds of youth institution or reformatory, such as Approved Schools and Detention Centres. The court...
Visiting Justices. He also served on Devon Agricultural Wages Committee
Agricultural Wages (Regulation) Act 1924
The Agricultural Wages Act 1924 was an Act of Parliament in the United Kingdom passed in 1924 by the minority Labour Government....
, 1956–62, as Chairman of the Agricultural Land Tribunal for the South West Region of England, 1948–58 and was sometime Chairman of the Directors of Exeter Theatre Co. Ltd. He was President, Devon Old Peoples Welfare Committee; a Commissioner of Income Tax for the East Exminster Division of Devon; Vice-President and Member of Committees, Devon Community Council and Vice-President, Devon Branch of the Forces Help Society.
Politics
Costello was a founder member of the first Executive Committee of the National League of Young LiberalsNational League of Young Liberals
The National League of Young Liberals , often just called the Young Liberals, was the youth wing of the British Liberal Party. It was founded in 1903 and by 1906 it had over three hundred branches. In 1934 it called for David Lloyd George to lead a Liberal New Deal revival based on the Yellow Book...
and he was later the Chairman of the NLYL London Council. In 1910 he stood for election to the London County Council
London County Council
London County Council was the principal local government body for the County of London, throughout its 1889–1965 existence, and the first London-wide general municipal authority to be directly elected. It covered the area today known as Inner London and was replaced by the Greater London Council...
as a member of the Progressive Party
Progressive Party (London)
The Progressive Party was a political party based around the Liberal Party that contested municipal elections in the County of London.It was founded in 1888 by a group of Liberals and leaders of the labour movement. It was also supported by the Fabian Society, and Sidney Webb was one of its...
in Chelsea
Chelsea, London
Chelsea is an area of West London, England, bounded to the south by the River Thames, where its frontage runs from Chelsea Bridge along the Chelsea Embankment, Cheyne Walk, Lots Road and Chelsea Harbour. Its eastern boundary was once defined by the River Westbourne, which is now in a pipe above...
. He was a member of the Council of the London Liberal Party, President of Devon and Cornwall Liberal Federation, 1968–71 and President of Tiverton Divisional Liberal Association, 1968–71. He first stood for Parliament at the January 1910 general election, contesting the Strand Division of Westminster
Strand (UK Parliament constituency)
Strand was a parliamentary constituency in the Strand district of the City of Westminster. It returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom.-History:...
, a safe Unionist
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
seat. From 1912 to 1914 he was prospective Liberal candidate for Islington North
Islington North (UK Parliament constituency)
Islington North is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first-past-the-post system of election...
but the intervention of the First World War meant he never fought the seat. In 1918
United Kingdom general election, 1918
The United Kingdom general election of 1918 was the first to be held after the Representation of the People Act 1918, which meant it was the first United Kingdom general election in which nearly all adult men and some women could vote. Polling was held on 14 December 1918, although the count did...
he stood for election in Exeter
Exeter (UK Parliament constituency)
Exeter is a borough constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election....
but as an Independent Asquithian Liberal he was not given the Coalition coupon
Coalition Coupon
The ‘Coalition Coupon’, often referred to as ‘the coupon’, refers to the letter sent to parliamentary candidates at the United Kingdom general election, 1918 endorsing them as official representatives of the Coalition Government. The 1918 election took place in the heady atmosphere of victory in...
and lost to the sitting Coalition Conservative, Sir Robert Newman. He fought Exeter again in 1922
United Kingdom general election, 1922
The United Kingdom general election of 1922 was held on 15 November 1922. It was the first election held after most of the Irish counties left the United Kingdom to form the Irish Free State, and was won by Andrew Bonar Law's Conservatives, who gained an overall majority over Labour, led by John...
again losing to Newman in a straight fight. But at the 1923 general election
United Kingdom general election, 1923
-Seats summary:-References:*F. W. S. Craig, British Electoral Facts: 1832-1987*-External links:***...
he switched seats to contest Huntingdonshire
Huntingdonshire (UK Parliament constituency)
Huntingdonshire was a Parliamentary constituency covering the county of Huntingdonshire in England. It was represented in the House of Commons of England until 1707, then in the House of Commons of Great Britain from 1707 to 1800, and then in the House of Commons the Parliament of the United...
, beating the sitting Tory
Tory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...
MP, Charles Kenneth Murchison, by a majority of 1,061 votes. It was an unexpected win, overturning a Tory majority of nearly 5,000 and Murchison put it down to deficiencies in his local party organisation. With the Tories making a renewed effort Costello held the seat for just a year as Murchison won it back at the 1924 general election
United Kingdom general election, 1924
- Seats summary :- References :* F. W. S. Craig, British Electoral Facts: 1832-1987* - External links :* * *...
.
Costello’s year in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
seems to have enough for him as he did not to fight any further Parliamentary campaigns, although he was reported as being one of the Liberal candidates considered for the by-election at Berwick-upon-Tweed
Berwick-upon-Tweed by-election, 1941
The Berwick-upon-Tweed by-election, 1941 was a parliamentary by-election held on 18 August 1941 for the British House of Commons constituency of Berwick-upon-Tweed.- Previous MP :...
p2 in 1941 fought under the wartime truce. In the event a local candidate, George Charles Grey
George Charles Grey
George Charles Grey was Liberal Member of Parliament for the Berwick-upon-Tweed constituency in England from August 1941 until his death in action in July 1944....
was chosen and was returned unopposed.
Death
Costello died at his home, Grantlands, UffculmeUffculme
Uffculme is a village located in the Mid Devon district, of Devon, England.-History:Situated in the Blackdown Hills on the B3440, close to the M5 motorway, near Cullompton Uffculme is on the upper reaches of the River Culm. Historically, it was a parish in Bampton Hundred, under the Peculiar...
, Devon on 2 December 1972, aged 91 years.
Publications
- The Law relating to Engineering. A course of six lectures delivered in 1910-1911 before the Society of Engineers and the Junior Institution of Engineers; London, 1911
- The Profiteering Act, 1919; Stevens & Sons, London, 1919 (jointly with Richard O’Sullivan)
- The pocket law lexicon: explaining technical words, phrases and maxims of the English, Scotch and Roman Law to which is added a complete list of Law Reports, with their Abbreviations; Stevens & Sons, London, 1921