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 The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge ...

between 1889 and 1913. In his lifetime he was universally known as ''Peter the Packer,'' due to the skill he displayed as Attorney-General in securing verdicts by packed juries.

Background and education

O'Brien was born at Carnelly House,

Clarecastle Clarecastle (''An Clár'' or ) is a village just south of Ennis in County Clare, Ireland. Name The town is named after the Clare Castle, which stands on an island in the narrowest navigable part of the River Fergus. The Irish ''Clár'', meani ...

County Clare County Clare () is a Counties of Ireland, county in the Provinces of Ireland, province of Munster in the Southern Region, Ireland, Southern part of Republic of Ireland, Ireland, bordered on the west by the Atlantic Ocean. Clare County Council ...

,Biography
clarelibrary.ie. Accessed 24 December 2022. the fifth son of John O'Brien, Liberal Member of Parliament for

Limerick Limerick ( ; ) is a city in western Ireland, in County Limerick. It is in the Provinces of Ireland, province of Munster and is in the Mid-West Region, Ireland, Mid-West which comprises part of the Southern Region, Ireland, Southern Region. W ...

, and his wife Ellen Murphy, daughter of Jeremiah Murphy of Hyde Park,

County Cork County Cork () is the largest and the southernmost Counties of Ireland, county of Republic of Ireland, Ireland, named after the city of Cork (city), Cork, the state's second-largest city. It is in the Provinces of Ireland, province of Munster ...

. He was a nephew of Mr. Justice James O'Brien of the

Court of King's Bench (Ireland) The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The King's Ben ...

. He was educated at

Clongowes Wood College Clongowes Wood College SJ is a Catholic voluntary boarding school for boys near Clane, County Kildare, Ireland, founded by the Jesuits in 1814. It features prominently in James Joyce's semi-autobiographical novel '' A Portrait of the Artist ...

and

Trinity College Dublin Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...

and was called to the

Irish Bar The Bar of Ireland () is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Bar of Ireland, commonly c ...

in 1865.

Legal and judicial career

O'Brien joined the

Munster Munster ( or ) is the largest of the four provinces of Ireland, located in the south west of the island. In early Ireland, the Kingdom of Munster was one of the kingdoms of Gaelic Ireland ruled by a "king of over-kings" (). Following the Nor ...

circuit and built up a successful practice, and in 1880 became a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

. The following year he was appointed Junior

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, parti ...

Counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...

at Green Street,

Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...

, becoming Senior in 1882, and was made a bencher of the

King's Inns The Honorable Society of King's Inns () is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environments. The Benchers of King's Inns aw ...

in 1884. He was one of the principal prosecutors in the

Phoenix Park murders The Phoenix Park Murders were the fatal stabbings of Lord Frederick Cavendish and Thomas Henry Burke in Phoenix Park, Dublin, Ireland, on 6 May 1882. Cavendish was the newly appointed Chief Secretary for Ireland and Burke was the Permane ...

, and it is said that his life was threatened as a result. He unsuccessfully stood for the

House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...

as the Liberal candidate for

in 1879: his defeat is said to have been due to his opposition to

Irish Home Rule The Home Rule movement was a movement that campaigned for self-government (or "home rule") for Ireland within the United Kingdom of Great Britain and Ireland. It was the dominant political movement of Irish nationalism from 1870 to the end of ...

. In 1887 O'Brien was appointed

Solicitor-General for Ireland The Solicitor-General for Ireland was the holder of an Kingdom of Ireland, Irish and then (from the Act of Union 1800) United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish ...

, becoming

Attorney-General for Ireland The Attorney-General for Ireland was an Kingdom of Ireland, Irish and then, from 1801 under the Acts of Union 1800, United Kingdom government office-holder. He was senior in rank to the Solicitor-General for Ireland: both advised the Crown on ...

and an Irish Privy Counsellor the following year. He was finally appointed

in 1889, holding the office for 24 years. As Attorney General he was considered to be a highly efficient civil servant; even

Arthur Balfour Arthur James Balfour, 1st Earl of Balfour (; 25 July 184819 March 1930) was a British statesman and Conservative Party (UK), Conservative politician who served as the Prime Minister of the United Kingdom from 1902 to 1905. As Foreign Secretary ...

, the

Chief Secretary for Ireland The Chief Secretary for Ireland was a key political office in the British Dublin Castle administration, administration in Ireland. Nominally subordinate to the Lord Lieutenant of Ireland, Lord Lieutenant, and officially the "Chief Secretar ...

, who thought poorly of most of the Irish Law Officers who served under him, praised O'Brien for his hard work. He showed great skill in "packing" juries in politically sensitive cases with jurors who could be trusted to convict, thus earning the nickname "Peter the Packer", which stuck to him all his life. Opinions on his judicial ability 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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

but, though intelligent, he was generally 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'' 8942 I.R. 489 where he refused to allow the members of

Dublin Corporation Dublin Corporation (), known by generations of Dubliners simply as ''The Corpo'', is the former name of the city government and its administrative organisation in Dublin since the 1100s. Significantly re-structured in 1660–1661, even more si ...

to charge the ratepayers of Dublin for a particularly lavish

picnic A picnic is a meal taken outdoors (Al fresco dining, ''al fresco'') as part of an excursion, especially in scenic surroundings, such as a park, lakeside, or other place affording an interesting view, or else in conjunction with a public event su ...

, is still often quoted both for its legal principle and its remarkable wit and humour. His judgment in ''Ussher'' v. ''Ussher'' (1912), on whether a

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

conducted according to the

Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...

rite can be valid if there is only one witness to it, has also been praised as "careful and erudite." He was notoriously susceptible to female charms: it was said that a pretty young lady was generally treated as a conclusive witness for whichever side she appeared. O'Brien was created a

Baronet A baronet ( or ; abbreviated Bart or Bt) or the female equivalent, a baronetess (, , or ; abbreviation Btss), is the holder of a baronetcy, a hereditary title awarded by the British Crown. The title of baronet is mentioned as early as the 14th ...

, of Merrion Square in the County of the City of Dublin, on 28 September 1891, and was ennobled as Baron O'Brien, of Kilfenora in the

County A county () is a geographic region of a country used for administrative or other purposesL. Brookes (ed.) '' Chambers Dictionary''. Edinburgh: Chambers Harrap Publishers Ltd, 2005. in some nations. The term is derived from the Old French denoti ...

of Clare, in 1900.

Personal life

Lord O'Brien married Annie Clarke, daughter of Robert Hare Clarke of

Bansha Bansha (; ) is a village in County Tipperary in Republic of Ireland, Ireland. The village is part of the parish of "Bansha and Kilmoyler" (united in 1858) in the Roman Catholic Archdiocese of Cashel and Emly. It is in the historical Barony (I ...

Castle,

County Tipperary County Tipperary () is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Munster and the Southern Region, Ireland, Southern Region. The county is named after the town of Tipperary (tow ...

, and his second wife Anne Butler in 1867 and had three children: James, who died young, Ellen (who died in 1930) and Anne Georgina. Lord O'Brien also had an Irish mistress, based in London, called Mary McNally with whom he separately had 4 children, who went by the name of Blake. His only legitimate son having predeceased him, he died without male heirs at Airfield,

Stillorgan Stillorgan (, also and previously or ), formerly a village in its own right, is now a suburban area of Dublin in Republic of Ireland, Ireland. Stillorgan is located in Dún Laoghaire–Rathdown, and contains many housing estates, shops and oth ...

County Dublin County Dublin ( or ) is a Counties of Ireland, county in Republic of Ireland, Ireland, and holds its capital city, Dublin. It is located on the island's east coast, within the Provinces of Ireland, province of Leinster. Until 1994, County Dubli ...

, on 7 September 1914, his

baron Baron is a rank of nobility or title of honour, often Hereditary title, hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than ...

y and baronetcy thus becoming extinct. His daughter, Annie Georgina O'Brien, 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 A wig is a head covering made from human or animal hair, or a synthetic imitation thereof. The word is short for "periwig". Wigs may be worn to disguise baldness, to alter the wearer's appearance, or as part of certain professional uniforms. H ...

, and a

lisp Lisp (historically LISP, an abbreviation of "list processing") is a family of programming languages with a long history and a distinctive, fully parenthesized Polish notation#Explanation, prefix notation. Originally specified in the late 1950s, ...

so pronounced that it often made his remarks from the Bench difficult to follow. Maurice Healy in his own memoir ''The Old Munster Circuit'' described O'Brien as a man of considerable legal ability and great natural kindness, who was deservedly very popular. On the other hand, he was rather vain and self-important, and inclined to stand on the dignity of his office.Healy, Maurice ''The Old Munster Circuit'' London Michael Joseph Ltd. (1939)

Arms

References

{{DEFAULTSORT:Obrien, Peter Obrien, 1st Baron 1842 births 1914 deaths Barons in the Peerage of the United Kingdom Solicitors-general for Ireland Attorneys-general for Ireland Members of the Privy Council of Ireland Lords chief justice of Ireland Serjeants-at-law (Ireland) Irish King's Counsel Peers of the United Kingdom created by Queen Victoria People educated at Clongowes Wood College