Richard Pennefather (judge) facts for kids

Richard Pennefather (1773–1859) was an important Irish lawyer and judge in the 1800s. People respected him a lot for being fair and honest. He was especially praised for how he handled the Doneraile Conspiracy Trials in 1829. These trials were politically sensitive, but he stayed completely neutral. He was the older brother of Edward Pennefather, who became the top judge in Ireland, known as the Lord Chief Justice.

Richard Pennefather's Family Life

Richard Pennefather was the oldest son of William Pennefather. William was a member of the Irish House of Commons, which was like a parliament for Ireland back then. The family lived in Knockeevan, County Tipperary. Richard's mother was Ellen Moore.

The Pennefather family had moved to Ireland around 1665. Richard had several brothers. One of them was Edward Pennefather, who also became a famous lawyer and judge. Edward eventually held the highest judicial position in Ireland, the Lord Chief Justice. Another brother, Rev. John Pennefather, was the father of a well-known soldier, General Sir John Pennefather.

Richard's Wife and Children

In 1798, Richard Pennefather married Jane Bennett from Cork. Her father, John Bennett, was also a judge. Richard and Jane had eight children. Six of their children grew up to be adults, and five of them (two sons and three daughters) were still alive when Richard passed away.

Their sons who became adults were:

• Richard (died 1849), who worked for the Crown. He married Lady Emily Butler. Their children were:
  • Richard
  • Evelyn, who married Arthur Philip Stanhope, the 6th Earl Stanhope.
• John (1814-1855), who was a lawyer.
• William Pennefather (1816–1873), who was a famous preacher and wrote several hymns. His wife, Catherine King, also wrote hymns.

Their daughters were:

• Dorothea (1824-1861), who married Somerset Maxwell, the 8th Baron Farnham.
• Ellen
• Susan.

Richard Pennefather hired an architect named William Tinsley to rebuild his home, Darling Hill. Tinsley later became famous for his buildings in the United States.

Richard Pennefather's Early Career

Richard Pennefather went to school in Portarlington and Clonmel. He finished his studies at Trinity College Dublin in 1794. He began studying law in 1792 and became a lawyer in Ireland in 1795.

Richard and his brother Edward were known as "the two Pennefathers." They were both leading lawyers in the Court of Chancery in Ireland, which handled special legal cases. Richard was seen as a very good lawyer, though some thought Edward was even more talented.

In 1816, Richard became a King's Counsel, which is a special title for experienced lawyers. In 1821, he was appointed a Baron of the Court of Exchequer in Ireland, becoming a judge. He served as a judge for a very long time, 38 years!

The Doneraile Trials

The Doneraile Trials were a series of important court cases in 1829. Richard Pennefather played a key role in making sure they were fair.

Why the Trials Happened

Some people wondered about the government's reasons for these trials. However, many historians agree that there was a real plot by some people to harm landlords in the Doneraile area. This was part of a bigger problem of unrest in the countryside.

In January 1829, a local doctor, John Norcott, was shot at. It was likely a mistake, and the real target was Michael Creagh, a former High Sheriff of County Cork. Landlords in the area told authorities they feared an uprising.

In April, two people, Patrick Daly and his cousin Owen, came forward. They said that at a fair, several men had made a secret agreement to harm local landlords. Based on their statements, 21 men were arrested and sent to trial.

A special court was set up to hear these cases. It included Judge Pennefather and Judge Robert Torrens. The Solicitor General for Ireland, John Doherty, was the prosecutor. The trials took place in Cork City in October 1829.

It's hard to know how much of the Dalys' story was true. It's possible a few of the accused were involved in the attack on Norcott. But many were likely innocent. The danger in such trials is that innocent people might be punished with the guilty. A major mistake was avoided thanks to the famous lawyer Daniel O'Connell and the honesty of Judges Torrens and Pennefather.

How the Trials Went

On October 23, 1829, four of the accused men were tried. The judges handled the trial well. But because the accused didn't have a skilled lawyer like O'Connell, all four were found guilty. They were given very serious punishments, which were later changed to being sent away to another country.

In desperation, William Burke, whose brother John was one of the accused, quickly gathered money. He rushed to Daniel O'Connell's home to ask him to take the case. O'Connell had refused before, but now he agreed. He immediately traveled to Cork.

O'Connell arrived in court just as the second trial was starting. Judge Pennefather, who was an old friend of O'Connell, allowed him to represent the defense. Pennefather even let O'Connell eat his breakfast in court, which annoyed the prosecution.

O'Connell questioned the witnesses for the prosecution very strongly, especially Patrick Daly. He showed that their stories had many contradictions. The jury thought about the case for so long that they were called the "40-hour jury." In the end, they found one man, Timothy Barrett, not guilty. But they couldn't agree on a decision for the other three.

The Judge's Important Ruling

On October 29, John Burke and William Shine were on trial. At the start of their trial, Judge Pennefather called O'Connell to the judge's bench. He handed O'Connell a document. This document was Patrick Daly's original sworn statement about the alleged plot. It was completely different from what Daly had said in court during the trials.

Pennefather had sent someone to Doneraile to get this original statement. He realized it was important evidence that the defense needed to see. He then gave instructions to the jury in a way that made a "not guilty" verdict very likely. After this, the Solicitor General said that no more trials would happen, and the special court session ended.

Richard Pennefather's Later Life

Richard Pennefather remained a judge until he was 86 years old. People respected him so much that lawyers did not want him to retire, even after he became blind.

In 1856, the House of Commons, which is part of the British Parliament, looked into whether some Irish judges were too old or unwell to do their jobs. They mentioned Pennefather's age and health issues. But the lawyers spoke so highly of his abilities that the matter was dropped. He finally retired just a few months before he passed away. He died suddenly at his home in Knockeevan, County Tipperary, and was buried in Cahir.

Richard Pennefather's Character

Historians and legal experts have praised Richard Pennefather highly. One writer called him a perfect example of a distinguished professional and an admirable person. Another described him as "one of the finest judges of the period and a model of integrity."

The Dictionary of National Biography said he was a "sound, able, and upright judge." They noted he was skilled at understanding and explaining evidence. He was also polite and gentle in criminal cases. He knew a lot about all areas of law. It's interesting that he left behind very few important written judgments.

His fair handling of the Doneraile Trials, especially his decision that the prosecution must show all important evidence to the accused, was praised. The Supreme Court of Ireland even referred to his actions with approval in 2007.