Philip Cohen Stern: Jamaica's first great lawyer

Ken Jones, Contributor

Of the many outstanding attorneys who have practiced in Jamaica, few have given as impressive, successful and varied service as did Philip Cohen Stern K.C., who bestrode the scene for nearly 40 years. Not only was he a stout defender in the courtrooms, he was also an aggressive advocate in the Legislative Council and for three terms mayor (some say dictator) of Kingston.

In addition to being a lawyer and politician, Stern was responsible for founding and editing The Pump Court, the Temple newspaper and Review, first published in England in 1883. His literary efforts included a pamphlet 'The House of Lords and Revolution' and a publication titled 'Imperial Federation.'

Born 1847 of a Jewish family in Kingston, Stern studied law in England and was admitted to the Jamaican Bar at the age of 23. For two spells he practised at the English Bar, and in 1893, settled down in Jamaica where he made his name as, according to one contemporary, "without question the greatest advocate Jamaica had in our day."

He was skillful as an advocate and cross-examiner; and in both areas was considered equal to the best in England.

Stern's first sensational case was his defence of a dozen soldiers of the West India Regiment who, in 1894, were tried along with 11 women for rioting in the streets of Kingston. The incident followed the arrest of a soldier for some minor offence. This was resented by a large number of his colleagues who left Camp and, joined by a crowd of women, attacked the police stations at Fletcher's Land and Sutton Street. The buildings were wrecked and several policemen wounded.

disappointed outcome

The trial in the Circuit Court, then located at the corner of Harbour Street and John's Lane, lasted for a month and sometimes went well into the night. Then regarded as the longest and greatest criminal case in the country, it was presided over by Judge Sir Ernest Augustus Northcourt. Stern was in his element throughout, and, in the end, only three of the soldiers were convicted. On the other hand, 10 women were found guilty.

The outcome disappointed some observers who had expected more soldiers to be convicted. Said one: "It is safe to say, that had it not been for the watchfulness and ability of counsel for the Crown, the tactics of the defending parties would have reaped a richer harvest." It was this case that prompted the first call for Jamaica to appoint a public prosecutor, "...to procure the evidence on behalf of the Crown and to place a complete case before the Court."

Months later, Stern undertook the defence of Alexander Bedward, the unorthodox preacher who convinced his large flock that he was especially and divinely chosen for his mission. In some of his sermons he passionately inveighed against the authorities, and in time was arrested and charged with sedition. Stern took on the case, argued strongly for his client and had the charge dropped. Nevertheless, the magistrate declared Bedward a mad man and ordered him confined to the lunatic asylum. As the verdict was announced, Stern remained strangely silent, and Bedward's followers began expressing disappointment that he did not protest.

no protest

One writer of the time recorded the courtroom picture of an unusually quiet Stern: "Not a protest did he utter; not by the flicker of an eyelid did he show any interest in what was taking place. The friends of Mr Bedward assembled in court looked on, and heard and were miserable. This was not the sort of action they had expected of Mr Stern."

So to speak, there was method in Stern's apparent madness. The following morning, he appeared at the asylum with a writ of habeas corpus and demanded of the director, Dr Plaxton, that Bedward be freed and handed over to him without delay. When the astonished Dr Plaxton stubbornly refused, Stern, as related in his own words, said "Now look here Plaxton, you and I are friends. But I want you to understand that if you do not let me have Bedward immediately I will take a suit against you for unlawfully detaining in the asylum a freeborn subject of the Crown."

Realising the seriousness of the situation, Plaxton claimed ignorance of the law and said he was following the orders of the judge. It was then that Stern revealed his strategy, declaring that the Judge had no right to send his client to the asylum. He said: "If he had had the right I would not be armed at this moment with a writ of habeas corpus; and it is this writ that you have to obey, not what the judge may have said or done in Court ... Bedward was brought before the court for sedition and the charge failed. He was not charged with lunacy. He has not been examined for lunacy by any doctor; and you yourself know that no man can be committed to an asylum unless he is certified as insane by qualified medical men."

strategy

As it turned out, the attorney general and the police did nothing, as they soon realised that a mistake had been made in the procedure. Stern had been well aware of this, but had remained quiet, because had he raised the question in court the judge would have called in medical examiners and had his client legally committed. It was this type of strategy that made him famous. As word spread about Bedward's release, Stern paraded in the streets with Bedward and in a newspaper report "became a champion of the people ... the political idol of the hour."

Politics indeed was beckoning and Stern quickly responded. Within months he was nominated a candidate for the St Catherine seat in the Legislative Council. He was white and not of the peasantry, but the people rallied to his support and ensured his victory. One delighted supporter wrote to The Gleaner saying:

" ... the people speak like that of a cannon. We are so glad to see the quashies of Jamaica could not be bought with a glass of rum this time; and although compared to riff-raffs they have put the aristocrats to flight ... we are no more riff-raffs but true men of our country and we, as sons of Jamaica, place ourselves and our interests in the hands of a son of Jamaica."

Stern did not stay with St Catherine for long. In the following year, 1896 he was elected as representative for Kingston and remained so until his retirement in 1908. After that, he was clerk to the council between 1908 and 1924. He also became mayor of Kingston in 1897 and held that position for 14 years. It was said: "he ruled the Kingston City Council with a rod of iron."

Although a very successful lawyer and politician, Stern was never regarded as an orator. It was his skill, astuteness and knowledge of law that earned him his reputation. He was also very aggressive; and it was this trait that caused him not to achieve his ambition for higher political office. He gradually faded toward retirement, and a commentator describing his later days, remarked:

"The hold he had upon the people for some time was extraordinary. This was due in part to his pugnacious personality; for when Philip Stern began to fight, there were hardly any limits to what he would say. He made enemies by the dozen. He did not believe in the soft answer that turneth away wrath, but rather in the grievous words that stir up anger. He continued to win difficult cases and to be, when he thought it necessary, a sharp and bitter critic of the colonial government.

Philip Stern retired in the 1920s and spent the rest of his life quietly at home. There he died in 1933; and with his passing a great chapter in Jamaica's judicial history was closed. His body was interred at the Jewish Cemetery at Orange Street and his will instructed the executors to spend "a sum of about £200 for a proper tombstone and railing around my grave."

The will also directed that a sum not exceeding £100 be used to purchase a clock to be given to the Legislative Council. Stern, a man precise to the end, instructed that the clock be engraved "Gift of Philip Stern, formerly Clerk of the Legislative Council for the year 1908 to the year 1924 (16 and one half years)". He also stated his wish that "if it be possible such a clock will alarm at the hours of one and 5 o'clock automatically."

The famous Herbert George Delisser of The Gleaner was among many persons and institutions benefiting from Stern's will. He and his wife got £100 "in memory of ancient days."

In the likelihood that any beneficiary should complain after the reading of the will, Stern, delivering his own legal judgement, provided that "any person under this, my will, who obtains any benefit thereunder giving any trouble to my executors, or making any claim in excess of what I have given them shall be deprived of any benefit conferred on him or her by my said will or any codicil thereto; and, in the event of their giving any trouble after receiving such legacy, the same shall be repaid by suit if necessary."