Knowledge (XXG)

Richard Pennefather (judge)

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295:, to plead with him to take the case. O'Connell who had previously refused to take the brief, now accepted it and started out for Cork immediately. He arrived in Court just as the second trial – of Edmund Connors, Michael Wallace, Patrick Lynch and Timothy Barrett- was beginning. Pennefather- an old friend and colleague from the 283:
On 23 October 1829 four of the accused – John Leary, James Roche, James McGrath and William Shine – were tried. No criticism has been made of the judges' conduct of the trial, but partly because they lacked defence counsel of the skill of O'Connell, all were found guilty and sentenced to death (their
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in 1856 into the alleged incapacity of a number of Irish High Court judges pointed to Pennefather's age and physical disabilities, but the Bar responded with so eloquent a tribute to his ability that the matter was dropped. He eventually retired a few months before his death. He died rather suddenly
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How much truth there was in the Dalys' testimony is difficult to determine. As Geoghegan remarks, it is likely that a few of the accused were guilty at least of the attack on Norcott, but that most of them were innocent of any crime. The danger, as in most conspiracy trials, was that no distinction
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about the alleged conspiracy, which was utterly inconsistent with the testimony that he had given at the trials. Pennefather, who had sent to Doneraile for the original deposition, realised that it was evidence the defence must see. He then charged the jury in such a manner that a verdict of not
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Circuit- allowed O'Connell to appear for the defence and, to the annoyance of the prosecution, even allowed him to eat his breakfast in Court. O'Connell subjected the Crown's witnesses, in particular Patrick Daly, to merciless cross-examination and pointed to numerous inconsistencies in their
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describes him as a "sound, able, and upright judge, skilled in the digestion and elucidation of evidence, courteous in his bearing and in criminal cases lenient". He was well versed in every branch of jurisprudence; and yet curiously, he was a judge who left behind very few judgments of any
251:, a few days earlier, a number of men had entered a sworn agreement to kill several local landlords, including Michael Creagh. On foot of their evidence, 21 men were arrested and sent for trial. A Special Commission was set up to try them consisting of Pennefather and Mr. Justice 102:, sister of Sir Jonathan Lovett, 1st Baronet. Richard and Jane had eight children, of whom six reached adulthood and five, two sons and three daughters, survived their father. Their sons who reached adulthood were: 311:
On 29 October, John Burke and William Shine stood trial. At the start of their trial, Pennefather called O'Connell to the Bench and handed him a document. It turned out to be Patrick Daly's original sworn
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Elrington Ball called him a model of "what is distinguished in professional, and admirable in private life". Geoghegan calls him "one of the finest judges of the period and a model of integrity". The
66:, and his wife Ellen Dobson. They were a junior branch of the long-established Pennefather family of Newpark, County Tipperary. The family emigrated to Ireland in about 1665. One of his brothers was 26:
of the nineteenth century, who enjoyed a reputation for legal ability and integrity. He has been highly praised, in particular, for his scrupulously impartial conduct of the politically sensitive
243:, John Norcott, was shot at, almost certainly by mistake for Michael Creagh. Several local landlords expressed their fears to the authorities that an uprising was imminent, and in April, two 354:
His conduct of the Doneraile Trials, and in particular his ruling that the prosecution have an absolute duty to disclose all relevant evidence to the accused, was cited with approval by the
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Pennefather remained on the Bench until he was 86; he was held in such high esteem that the Bar resisted any suggestion that he should be asked to retire, even after he went
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The jury deliberated for so long that it became known as the "40-hour jury". Eventually, it acquitted Timothy Barrett but could not agree on a verdict in the other 3 cases.
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While the Crown's motives in prosecuting the Doneraile conspiracy trials have been questioned, many historians accept that there was a genuine
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guilty was inevitable. The Solicitor General stated that no further trials would take place, and the Special Commission came to an end.
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would be made between the innocent and the guilty. That a major miscarriage of justice was averted owes a good deal to the eloquence of
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the eldest, Richard (died 1849), a senior Crown official, who married Lady Emily Butler, daughter of
27: 272: 137: 247:, Patrick Daly and his cousin Owen, came forward with evidence that at a fair in Rathclare, near 224: 67: 63: 31: 198:
in 1795. He and his brother "the two Pennefathers" were among the leading practitioners in the
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and that it formed part of a wider pattern of agrarian disturbance, which had begun with the
407: 313: 202:, although Richard was generally regarded as a less gifted barrister than Edward. He became 75: 47: 589: 530: 99: 287:
In desperation, William Burke, a brother of John Burke, one of the accused, raised 100
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several unpopular landlords in the Doneraile area, notably Michael Creagh, the former
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organisation in the previous century. There is credible evidence of a plot to
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He was the eldest son of William Pennefather of Knockeevan, of Darling Hill,
326: 292: 264: 248: 244: 240: 228: 195: 126: 70:, who was also a distinguished barrister and judge, and ended his career as 170:, later famous for his work in the United States, to rebuild Darling Hill. 296: 288: 183: 144:(1817–1893), daughter of Admiral James William King, also wrote hymns. 232: 140:(1816–1873), a noted preacher and author of several hymns; his wife, 335: 275:
but also to the integrity of the judges, Torrens and Pennefather.
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at his home at Knockeevan, County Tipperary, and was buried in
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Dorothea (1824–1861), who married as his first wife
406:(online ed.). Oxford University Press. 2004. 395: 284:sentences were later commuted to transportation). 210:in 1821. He served on the Court for 38 years. 8: 30:Trials of 1829. He was the elder brother of 110:and Emily Jeffries, and was the father of 486: 471: 459: 444: 206:in 1816 and was appointed a Baron of the 118:Arthur Philip Stanhope, 6th Earl Stanhope 58:, and his wife, Ellen Moore, daughter of 569:The Judges in Ireland 1221–1921, Vol. 2 403:Oxford Dictionary of National Biography 366: 578:King Dan: the rise of Daniel O'Connell 98:and his wife Jane Lovett of Liscombe, 521: 519: 7: 510: 498: 382: 108:Richard Butler, 1st Earl of Glengall 22:(1773–1859) was an Irish lawyer and 166:Pennefather employed the architect 154:Somerset Maxwell, 8th Baron Farnham 86:He married in 1798 Jane Bennett of 14: 620:Alumni of Trinity College Dublin 597:Dictionary of National Biography 538:Dictionary of National Biography 348:Dictionary of National Biography 291:and rushed to O'Connell's home, 96:Court of King's Bench (Ireland) 576:Geoghegan, Patrick M. (2008). 194:in 1792. He was called to the 1: 640:Barons of the Irish Exchequer 615:Lawyers from County Tipperary 580:. Dublin: Gill and Macmillan. 261:Solicitor General for Ireland 72:Lord Chief Justice of Ireland 36:Lord Chief Justice of Ireland 625:Members of the Middle Temple 591:"Pennefather, Richard"  532:"Pennefather, Richard"  427:UK public library membership 208:Court of Exchequer (Ireland) 567:Ball, F. Elrington (1926). 237:High Sheriff of County Cork 200:Court of Chancery (Ireland) 180:Portarlington, County Laois 661: 552:O'Callaghan v. Judge Mahon 239:. In January 1829 a local 50:, who was a member of the 645:19th-century Irish judges 263:, prosecuting. It sat in 356:Supreme Court of Ireland 279:The course of the Trials 571:. London: John Murray. 412:10.1093/ref:odnb/21868 306: 188:Trinity College Dublin 148:Their daughters were: 52:Irish House of Commons 16:Irish lawyer and judge 178:He went to school in 329:. An inquiry by the 190:in 1794 and entered 125:John (1814–1855), a 116:Evelyn, who married 28:Doneraile Conspiracy 138:William Pennefather 20:Richard Pennefather 68:Edward Pennefather 64:Archdeacon of Emly 32:Edward Pennefather 425:(Subscription or 267:in October 1829. 186:, graduated from 82:Wife and children 652: 601: 593: 581: 572: 555: 549: 543: 542: 534: 523: 514: 508: 502: 496: 490: 484: 475: 469: 463: 457: 448: 442: 431: 430: 422: 420: 418: 399: 392: 386: 380: 331:House of Commons 273:Daniel O'Connell 214:Doneraile trials 76:John Pennefather 48:County Tipperary 660: 659: 655: 654: 653: 651: 650: 649: 605: 604: 584: 575: 566: 563: 558: 550: 546: 525: 524: 517: 509: 505: 497: 493: 485: 478: 474:, pp. 6–7. 470: 466: 462:, pp. 2–3. 458: 451: 443: 434: 424: 416: 414: 394: 393: 389: 381: 368: 364: 344: 323: 309: 281: 221: 216: 176: 168:William Tinsley 100:Buckinghamshire 94:, judge of the 84: 44: 17: 12: 11: 5: 658: 656: 648: 647: 642: 637: 632: 627: 622: 617: 607: 606: 603: 602: 588:, ed. (1895). 582: 573: 562: 559: 557: 556: 544: 529:, ed. (1895). 515: 513:, p. 260. 503: 501:, p. 294. 491: 487:Geoghegan 2008 476: 472:Geoghegan 2008 464: 460:Geoghegan 2008 449: 445:Geoghegan 2008 432: 387: 385:, p. 341. 365: 363: 360: 343: 340: 322: 319: 308: 307:Judge's ruling 305: 280: 277: 220: 217: 215: 212: 204:King's Counsel 175: 172: 164: 163: 160: 157: 146: 145: 142:Catherine King 136:the youngest, 134: 123: 122: 121: 114: 90:, daughter of 83: 80: 43: 40: 15: 13: 10: 9: 6: 4: 3: 2: 657: 646: 643: 641: 638: 636: 633: 631: 628: 626: 623: 621: 618: 616: 613: 612: 610: 599: 598: 592: 587: 583: 579: 574: 570: 565: 564: 560: 553: 548: 545: 540: 539: 533: 528: 522: 520: 516: 512: 507: 504: 500: 495: 492: 489:, p. 10. 488: 483: 481: 477: 473: 468: 465: 461: 456: 454: 450: 446: 441: 439: 437: 433: 428: 413: 409: 405: 404: 398: 391: 388: 384: 379: 377: 375: 373: 371: 367: 361: 359: 357: 352: 349: 341: 339: 337: 332: 328: 320: 318: 315: 304: 301: 298: 294: 290: 285: 278: 276: 274: 268: 266: 262: 258: 254: 250: 246: 242: 238: 234: 230: 226: 218: 213: 211: 209: 205: 201: 197: 193: 192:Middle Temple 189: 185: 181: 173: 171: 169: 161: 158: 155: 151: 150: 149: 143: 139: 135: 132: 128: 124: 119: 115: 112: 111: 109: 105: 104: 103: 101: 97: 93: 89: 81: 79: 77: 73: 69: 65: 61: 57: 53: 49: 41: 39: 37: 33: 29: 25: 21: 595: 577: 568: 551: 547: 536: 506: 494: 467: 447:, p. 2. 415:. Retrieved 401: 390: 353: 351:importance. 347: 345: 324: 310: 302: 286: 282: 269: 257:John Doherty 222: 182:and then in 177: 174:Early career 165: 147: 92:John Bennett 85: 60:Edward Moore 45: 19: 18: 635:1859 deaths 630:1773 births 586:Lee, Sidney 527:Lee, Sidney 609:Categories 554:2 I.R. 514 429:required.) 362:References 321:Later life 314:deposition 300:evidence. 225:conspiracy 219:Background 131:King's Inn 511:Ball 1926 499:Ball 1926 383:Ball 1926 358:in 2007. 342:Character 293:Derrynane 265:Cork City 249:Buttevant 245:informers 229:Whiteboys 196:Irish Bar 127:barrister 561:Sources 417:25 July 297:Munster 289:guineas 255:, with 253:Torrens 184:Clonmel 129:of the 113:Richard 423: 259:, the 241:doctor 233:murder 162:Susan. 56:Cashel 42:Family 336:Cahir 327:blind 159:Ellen 24:judge 419:2020 88:Cork 54:for 408:doi 611:: 594:. 535:. 518:^ 479:^ 452:^ 435:^ 400:. 369:^ 338:. 78:. 62:, 38:. 34:, 421:. 410:: 156:. 133:. 120:.

Index

judge
Doneraile Conspiracy
Edward Pennefather
Lord Chief Justice of Ireland
County Tipperary
Irish House of Commons
Cashel
Edward Moore
Archdeacon of Emly
Edward Pennefather
Lord Chief Justice of Ireland
John Pennefather
Cork
John Bennett
Court of King's Bench (Ireland)
Buckinghamshire
Richard Butler, 1st Earl of Glengall
Arthur Philip Stanhope, 6th Earl Stanhope
barrister
King's Inn
William Pennefather
Catherine King
Somerset Maxwell, 8th Baron Farnham
William Tinsley
Portarlington, County Laois
Clonmel
Trinity College Dublin
Middle Temple
Irish Bar
Court of Chancery (Ireland)

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