Dictionary of National Biography, 1927 supplement/Macdonald, John Hay Athole
MACDONALD, Sir JOHN HAY ATHOLE, Lord Kingsburgh (1836–1919), lord justice-clerk of Scotland, was born at 29 Great King Street, Edinburgh, 28 December 1836, the second son of Matthew Norman Macdonald (who subsequently adopted the additional surname of Hume), writer to the signet, by his second wife, Grace, daughter of Sir John Hay, fifth baronet, of Smithfield and Haystoun, Peeblesshire. He was educated at the Edinburgh Academy and the universities of Basle and Edinburgh, and was called to the Scottish bar in 1859. In the course of a professional career distinguished by practical ability rather than by profound legal learning, he became successively sheriff of Ross, Cromarty, and Sutherland (1874–1876), solicitor-general for Scotland (1876–1880), Queen's counsel (1880), sheriff of Perthshire (1880–1885), dean of the faculty of advocates (1882–1885), and lord advocate (1885–1886 and 1886–1888). In 1888 he was promoted to the bench as lord justice-clerk in succession to the first Baron Moncreiff [q.v.], and assumed the judicial title of Lord Kingsburgh, derived from the lands of that name in Skye with which his Highland ancestors (one of whom was the Jacobite heroine, Flora Macdonald) had been associated. In this capacity he presided for twenty-seven years over the second division of the Court of Session. He retired in 1915.
As a counsel, Macdonald found his most congenial sphere in jury trials, and on the bench he was at his best on questions of fact. His judgments are characterized by directness and robust common sense. From the outset he specialized in criminal law. In his early years at the bar he produced his Practical Treatise on the Criminal Law of Scotland (first edition 1867), and his tenure of the office of lord advocate was appropriately marked by the passing of the Criminal Procedure (Scotland) Act, 1887, which effected a great simplification of proceedings in criminal cases. As lord justice-clerk he conducted with conspicuous ability a long series of criminal trials, including the notorious Monson case (1893).
Few men were better known in Scotland in his day than Macdonald. The remarkable reputation which he enjoyed was chiefly founded on his wide range of interests outside his profession. A stalwart conservative in politics, he fought a number of elections unsuccessfully, but ultimately sat in the House of Commons as member for the universities of Edinburgh and St. Andrews from 1885 to 1888. Throughout his life he was an ardent volunteer. At the early age of twenty-five he was appointed lieutenant-colonel of the second battalion of the Queen's Edinburgh Rifle Volunteer Brigade. In 1888 he assumed command as brigadier-general of the then newly formed Forth Volunteer Infantry Brigade, and held that command until his retirement under the age limit in 1901. He was a founder of the Scottish Rifle Association, thrice captain of the Scottish Twenty, a frequent attender at the Wimbledon and Bisley meetings, and captain of the British team which took part in the international rifle match at the Philadelphia centenary exhibition (1876). He was honorary colonel of the Army Motor Reserve and successively brigadier-general, adjutant-general, and ensign-general of the Royal Company of Archers, the King's Bodyguard for Scotland. Probably no lawyer has ever attained so great an eminence as an authority on military matters. His remarkable knowledge of technical military subjects is shown in his numerous books and pamphlets on training and tactics, which enjoyed a high reputation among professional soldiers and led to many improvements in drill. His connexion with the Volunteer movement has an association with the introduction of postcards into the United Kingdom. Macdonald had realized that it would greatly facilitate communication with his men if he could send out notices and orders on halfpenny stamped cards such as had been introduced in Austria (1 October 1869), and he wrote to Mr. Gladstone (14 October 1869) advocating this innovation in the postal system. The suggestion, which was supported from other quarters and by a petition which he set on foot, received effect in the following year.
Macdonald was attracted by scientific pursuits and took a special interest in practical applications of science. Several inventions stand to his credit and brought him various international awards. He was a fellow of the Royal Society and of the Royal Society of Edinburgh, and president of the Royal Scottish Society of Arts. In the development of motor transport he was an enthusiastic pioneer, and he was president of the Scottish Automobile Association. All forms of athletics appealed to him; he was president of the Scottish Amateur Athletic Association, captain of the Royal and Ancient Golf Club of St. Andrews, and arbiter in international football disputes. He was a jealous guardian of the beauties of the city of Edinburgh against the inroads of vandalism. An address which he delivered before the Edinburgh Architectural Association in 1907 contained a trenchant and characteristic denunciation of the city's enemies in this respect. He was also instrumental, when lord advocate, in securing Dover House for the Scottish Office.
Macdonald's personality was outstanding, his humanity all-embracing, his mind vigorous, and his sympathies warm. He was in his element at public gatherings of a social character, and the genial pages of his Volunteer experiences and of his random autobiography in Fifty Years of It (1909) and Life Jottings of an Old Edinburgh Citizen (1915) faithfully reflect his temperament and outlook. Our Trip to Blunderland, first published in 1877 under the pseudonym of ‘Jean Jambon’, displays his sense of fun and his sympathy with children. He died in Edinburgh 9 May 1919.
Macdonald was made a privy councillor in 1885, created K.C.B. in 1900, and G.C.B. in 1916. He married in 1864 Adelaide Jeannette, daughter of Major John Doran, of Ely House, co. Wexford. She predeceased him in 1870, and he was survived by his two sons, of whom the elder is an advocate of the Scottish bar. Throughout his life he was a devoted member of the ‘Catholic Apostolic’ Church.
[Macdonald's own writings above mentioned; private information; personal knowledge.]