Peter O'Brien, 1st Baron O'Brien
Encyclopedia
Peter O'Brien, 1st Baron O'Brien, PC
, QC
(29 June 1842 – 7 September 1914), known as Sir Peter O'Brien, Bt, between 1891 and 1900, was an Irish
lawyer and judge. He served as Lord Chief Justice of Ireland
between 1889 and 1913.
, County Clare
the fifth son of John O'Brien, Liberal
Member of Parliament
for Limerick
. He was educated at Clongowes Wood College and Trinity College, Dublin
and was called to the bar
in 1865.
circuit and built up a successful practice, and in 1880 became a Queen's Counsel
. The following year he was appointed Junior Crown
Counsel
at Green Street, Dublin, becoming Senior in 1882, and was made a bencher of the King's Inns
in 1884. He unsuccessfully contested County Clare as a Liberal in 1879. In 1887 O'Brien was appointed Solicitor-General for Ireland
, becoming Attorney-General for Ireland
and an Irish Privy Counsellor
the following year. He was finally appointed Lord Chief Justice of Ireland
in 1889, holding the office for twenty-four years.
As Attorney General he showed great skill in "packing" juries in politically sensitive cases with jurors who could be trusted to convict, earning the nickname "Peter the Packer" which stuck to him all his life.
Opinions on his judicial career vary: A. M. Sullivan
wrote that as a pupil of the great Chief Baron Christopher Palles
he must have learned the principles of common law but was too lazy to apply them; Palles himself is said to have remarked of one of O'Brien's judgments "you never learned that law from me!" However his judgement in R. (Bridgeman) v. Drury [1894] 2 I.R. 489 where he refused to allow the members of Dublin Corporation to charge the ratepayers of Dublin for a particularly lavish picnic, is still often quoted both for its legal principle and its remarkable wit.
He was created a Baronet
, of Merrion Square in the County of the City of Dublin, in 1891, and was ennobled as Baron O'Brien, of Kilfenora
in the County
of Clare
, in 1900.
, County Dublin
, his barony and baronetcy thus becoming extinct. His daughter Georgina published an affectionate memoir of her father a few years after his death. His main personal foibles were his refusal to wear the judicial wig, and a lisp so pronounced that it often made his remarks difficult to follow.
Privy Council of Ireland
The Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(29 June 1842 – 7 September 1914), known as Sir Peter O'Brien, Bt, between 1891 and 1900, was an Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
lawyer and judge. He served as Lord Chief Justice of Ireland
Lord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
between 1889 and 1913.
Background and education
O'Brien was born at Carnelly House, ClarecastleClarecastle
Clarecastle is a village located just south of Ennis, in County Clare, Ireland. Over the past ten years the village has a rapidly increasing population due to its close proximity to Ennis, Shannon and Limerick, and also less than an hour away from Galway city....
, County Clare
County Clare
-History:There was a Neolithic civilisation in the Clare area — the name of the peoples is unknown, but the Prehistoric peoples left evidence behind in the form of ancient dolmen; single-chamber megalithic tombs, usually consisting of three or more upright stones...
the fifth son of John O'Brien, Liberal
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...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Limerick
Limerick City (UK Parliament constituency)
Limerick City was a United Kingdom Parliament constituency, in Ireland. It returned one MP 1801–1832, two MPs 1832–1885 and one thereafter. It was an original constituency represented in Parliament when the Union of Great Britain and Ireland took effect on 1 January 1801...
. He was educated at Clongowes Wood College and Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
and was called to the bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in 1865.
Legal and judicial career
O'Brien joined the MunsterMunster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...
circuit and built up a successful practice, and in 1880 became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. The following year he was appointed Junior Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
Counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
at Green Street, Dublin, becoming Senior in 1882, and was made a bencher of the King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
in 1884. He unsuccessfully contested County Clare as a Liberal in 1879. In 1887 O'Brien was appointed Solicitor-General for Ireland
Solicitor-General for Ireland
The Solicitor-General for Ireland was the holder of an Irish and then United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. At least one holder of the office, Patrick Barnewall played a significant role in...
, becoming Attorney-General for Ireland
Attorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
and an Irish Privy Counsellor
Privy Council of Ireland
The Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
the following year. He was finally appointed Lord Chief Justice of Ireland
Lord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
in 1889, holding the office for twenty-four years.
As Attorney General he showed great skill in "packing" juries in politically sensitive cases with jurors who could be trusted to convict, earning the nickname "Peter the Packer" which stuck to him all his life.
Opinions on his judicial career vary: A. M. Sullivan
A. M. Sullivan (Irish lawyer)
Alexander Martin Sullivan, Serjeant-at-law, better known as A M Sullivan was an Irish Lawyer, best known as the leading counsel for the defence in the 1916 treason trial of Roger Casement....
wrote that as a pupil of the great Chief Baron Christopher Palles
Christopher Palles
Christopher Palles PC, QC , was an Irish barrister and judge.-Biography:Palles was born on Christmas Day at Mount Palles, near Mountnugent, in south County Cavan, Ireland. He was the third son of Andrew C. Palles, a solicitor, and his wife Eleanor...
he must have learned the principles of common law but was too lazy to apply them; Palles himself is said to have remarked of one of O'Brien's judgments "you never learned that law from me!" However his judgement in R. (Bridgeman) v. Drury [1894] 2 I.R. 489 where he refused to allow the members of Dublin Corporation to charge the ratepayers of Dublin for a particularly lavish picnic, is still often quoted both for its legal principle and its remarkable wit.
He was created a Baronet
Baronet
A baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
, of Merrion Square in the County of the City of Dublin, in 1891, and was ennobled as Baron O'Brien, of Kilfenora
Kilfenora
Kilfenora is a small village in County Clare in Ireland, just south of The Burren. The village is noted for being the home to the Kilfenora Ceili Band and the location for much of the filming of the sitcom Father Ted.-Places of interest:...
in the County
Counties of Ireland
The counties of Ireland are sub-national divisions used for the purposes of geographic demarcation and local government. Closely related to the county is the County corporate which covered towns or cities which were deemed to be important enough to be independent from their counties. A county...
of Clare
County Clare
-History:There was a Neolithic civilisation in the Clare area — the name of the peoples is unknown, but the Prehistoric peoples left evidence behind in the form of ancient dolmen; single-chamber megalithic tombs, usually consisting of three or more upright stones...
, in 1900.
Personal life
Lord O'Brien married Anne Clarke in 1867. He died without male heirs at Airfield, StillorganStillorgan
Stillorgan , formerly a village in its own right, is now a suburban area of Dublin in Ireland. Stillorgan is located in Dun Laoghaire-Rathdown County, and contains many housing estates, shops and other facilities, with the old village centre still present...
, County Dublin
County Dublin
County Dublin is a county in Ireland. It is part of the Dublin Region and is also located in the province of Leinster. It is named after the city of Dublin which is the capital of Ireland. County Dublin was one of the first of the parts of Ireland to be shired by King John of England following the...
, his barony and baronetcy thus becoming extinct. His daughter Georgina published an affectionate memoir of her father a few years after his death. His main personal foibles were his refusal to wear the judicial wig, and a lisp so pronounced that it often made his remarks difficult to follow.