January, 2022

Glenmore was propelled into the national news in early January 1865 when it was reported that two brothers named Maher, from Glenmore, stabbed and seriously injured Edmond Cody of Ballyverneen, Glenmore. The coverage of the arrest of the defendants provides an interesting glimpse into how the Royal Irish Constabulary (R.I.C.) communicated to make arrests in the days before radio and telephone and also how criminal trials were conducted. The various newspapers and the Rosbercon Petty Session records sometimes referred to Edmond as Edward and the name Cody is sometimes spelled Coady. Edmond Cody was the son of Denis Cody and Mary Cody née Dunphy of Ballyverneen, Glenmore and baptized on 22 March 1840. At the conclusion of the coverage of the trial trial we have recorded the family information discovered regarding the victim, a witness and the defendants.

The Assault

Edmond Cody lived within three and a half miles of Ross. He was in New Ross on the 26^th of December and was coming home that evening accompanied by several “boys” including his older brother Richard Cody (bapt. 3 May 1835). They delayed some time at Doyle’s house on the road. One newspaper described that some of the group went into the public house to light their pipes. While James and Edmond Cody were waiting outside the Maher brothers came up to the waiting group and sought two people to fight with them. Edmond Cody saw the Maher brothers earlier in the day in Ross, but did not have any words with them. However, when the challenge to fight was not agreed an argument began and Edmond Cody and James Maher began to “wrangle” and wrestle. Edmond Cody was then stabbed twice by a knife.

The Tipperary Free Press published a rather flippant report of the stabbing. It reported that Edmond Cody, of Ballyverneen, was coming from Ross when he was overtaken by an acquaintance named William Maher who wanted to fight. “Cody would not accede to the ‘modest’ request, and Maher stabbed him with a knife in the arm and thigh. Maher has since absconded, and, we understand, Cody is in a rather precarious state.” (Tues. 3 Jan. 1865, p. 3).

The Arrests

On Wednesday the fourth of January at 11 a.m. Sub-Constable, E.J. Brennan, was on detective duty and observed two men walking along the Quay in Wexford. Their appearance struck the constable as suspiciously similar to two men “gibbeted in the Hue-and-Cry.” He continued to observe the men and he noticed that one of them “wanted some of his front teeth”—a circumstance specifically mentioned in the police sheet. The two men, brothers James and William Maher were taken into custody and charged with having “on the 26^th December last, at Shanbough (sic) county Kilkenny, assaulted Edmond Coady (sic), of Ballyverneen, by stabbing him with a knife in his arm and thigh, whereby his life is in danger.” The brothers were taken before James C. Moore, Esq., Resident Magistrate, on the same day they were arrested. The deposition of Sub-Constable Brennan was taken and the brothers were ordered to be transported to Rosbercon, to be “brought up” at the next petty sessions. It was reported that the brothers were natives of Glenmore, and James Maher was 23 and William Maher 19 years of age. Unfortunately the townland where the Maher brothers resided was never provided in any newspaper or court record. “It is understood that their intention was to procure a passage for, and proceed to, Liverpool,” from Wexford port (The Wexford Constitution, Sat. 7 Jan. 1865, p. 2).

The Wexford People (Sat. 14 Jan. 1865, p. 5) also covered the arrest of the Maher brothers and noted that Sub-Constable Brennan in several other cases has “given equal proof of ability.” Prior to serving in Wexford, Sub-Constable E.J. Brennan served in Waterford City (Waterford News, Fri. 20 Jan. 1865, p. 4).

The Hue-and-Cry or Police Gazette was the official newspaper of the R.I.C. published in Dublin every Tuesday and Friday and distributed to all R.I.C. stations on the island. It contained reports of crimes and descriptions of persons wanted for crimes. For further information on Hue-and-Cry see, Woodward, “The Police Gazette or Hue-and-Cry Ireland.” The term “hue and cry” heralds back to the early common law when every able bodied man in the hundred (district) was required to give chase and to capture fleeing felons after this alarm was raised.

The Trial

The Maher brothers were sent from Wexford Town where they were arrested on the 4th of January to stand trial at the petty sessions of Rosbercon. On the 14^th of January they were brought before the 3 petty session magistrates James C. Murphy, M. Sweetman and Peter Strange. James and William Maher were charged, “that they did at Chilcomb and Shanbough (sic) in the Co. of Kilkenny on the night of the 26^th of December 1864 way-lay and assault the complainants—Richard Coady (sic) and Edward Coady, Glenmore or Ballyverneen.” The case was adjourned until the next court date because Edward Cody was unable to attend due to his injuries. (Rosbercon Petty Session Records).

The Magistrate, Peter Strange (c.1802-1872) lived in Aylwardstown House, Glenmore and is buried in Kilivory graveyard. Chilcomb is a reference to Chilcomb House the birthplace of the writer Victor O’Donovan Power (1860-1933) and in 1870 the home of the Boyd family. For a previous post concerning Victor O’Donovan Power (1860-1933) and for a previous post regarding the Boyd family see “The Legend of Biddy Neddy née Cody (1831-1916).”

On 11 February 1865 the stabbing case was again before the Rosbercon Petty Session Court. The names of witnesses included: Richard Coady (sic); Edward Cody, George Rabbit; James Dunphy and Peter Mullens.  After hearing the evidence presented by the witnesses the case was sent to Kilkenny City for trial at the next setting of the Assizes. In other words, the magistrates considered the case too serious to be dealt with at the petty sessions.

Most of the information below concerning the trial of the Maher brothers was found in The Kilkenny Moderator (Wed. 8 March 1865, p. 3). Additional information gleaned from other newspapers is inserted with references.

The Kilkenny Spring Assizes for 1865 for criminal cases commenced on Tuesday the 7^th of March 1865. The Judges, the Honourable Baron Hughes and the Right Honourable Mr. Justice Fitzgerald arrived in Kilkenny City early on the 7^th. At 10 a.m. the Right Honourable Mr. Justice Fitzgerald presided over the City Crown Court and the Honourable Baron Hughes presided over the County Crown Court.  Baron Hughes addressed the Grand Jury stating, “I have received from the County Inspector a return of offences committed; and with two exceptions, they present a favourable condition of your county generally. These two exceptions, however, require some observations. In respect to the number of stabbing cases—that is, cases of serious assault, in which the knife has been used, in four cases by one of the parties—in the fifth by two of the parties…That crime is, as far as this circuit is concerned, peculiar to this particular county. It is very much to be regretted that such a course of crime should be thus introduced into this county…and it is a crime …that every judge on the bench [shall] put an end to by inflicting the strongest punishment the law allows in such cases.” He discharged the Grand Jury and proceeded with the criminal trials. The following 12 man or petit jury was sworn: John Murphy, Edward Hunt, John Doyle, Patrick O’Donovan, John Lawlor, William Edge, Jeremiah Nowlan, Matthew Hogan, Richard Blanchfield, Denis Kavanagh, William Nicholson and Edward J. Maher.

The first case heard concerned the stealing of hay. Although the judge informed the jury of the difficulty in identifying hay the jury convicted the defendant of the theft and he was sentenced to six months imprisonment with hard labour. James Maher and William Maher were tried by the same jury for inflicting grievous bodily harm on Edward Cody on the 26^th of December last and they were also indicted for common assault. Both defendants pleaded not guilty and they were not represented. Edward Cody testified that on St. Stephen’s Day he was in Ross and left after six o’clock to go home with six other “boys.” About a mile and a half from Ross he was delayed because some of his companions had gone into a house. The Irish Times (Wed. 8 March 1865, p. 4) wrote that the Cody group stopped at the house of Mrs. Doyle to light their pipes. The Maher brothers came up to the waiting group on the road and began to argue and wrangle with the party. Cody and his friends walked on and the wrangling commenced again and Cody was stabbed on the thigh and left arm. He could not say which of the brothers stabbed him. He reported that he did not see either brother with anything in their hands. Cody made it home and was confined to bed from the stabbing. He admitted that he had “drank a good deal,” but denied having had any dispute with the brothers earlier in the day in Ross.

Richard Cody testified that he was present when his brother was stabbed. When the Maher brothers came up on the road they whistled for some one on the road, threw off their coats and offered to fight any two of the group. He saw William Maher stab his brother. Before the stabbing he heard James Maher ask William Maher to give him his knife. William Maher replied that it was in better hands. Upon seeing his brother stabbed Richard Cody called out that he would have one of their lives and ran to the ditch to get two stones. The Maher brothers then fled. George Rabbit, another of the group waiting outside on the road testified and corroborated the evidence of Richard Cody.

Dr. Mullin testified that he visited Edward Cody on the morning of the 27^th February (sic). He found the wound was a very serious one and that Cody was suffering from loss of blood such that his life was in danger. It was evident that the wounds were inflicted by a knife. The Irish Times (Wed. 8 March 1865, p. 4) published that the two severe stab wounds consisted of one “near the groin which exposed the principal blood vessel and the other was in the arm.” The Kilkenny Journal noted that Dr. Mullens, of New Ross, attended Edmond Cody for 14 days (Wed. 8 March 1865, p. 2).

Sub-Constable James Brennan deposed that he arrested the prisoners on Green St. in the town of Wexford on the 4^th of January.

Some evidence was given for the defence, but at the time of this trial defendants were not considered competent witnesses and could not testify in their own defence. The Kilkenny Moderator provided little coverage of the defence and stated that the jury without hesitation found the prisoners guilty. Baron Hughes in passing sentence referred to the enormity of the offence, and stated his intention in all such cases to impose the severest penalty. The sentence he imposed of 2 years’ imprisonment with hard labour he considered more severe than penal servitude.

The Kilkenny Journal (Wed. 8 March 1865, p. 2) provided much more information regarding two defence witnesses and statements made by the judge. Thomas Neill testified that while the Mahers were in a house in Rosbercon the Cody’s went into the house and beat the Maher brothers at about 6:30 before the stabbing. The Mahers remained in the house for a considerable time to let the Cody group go home because the Mahers thought they would be beat up.

John Phelan then testified that he saw Edmond Cody strike the Maher’s in a house in Rosbercon. This occurred before the fight on the road where Cody was stabbed. He accompanied the Maher’s part of the way home, but when he saw the Cody’s lying in wait in a ditch to attack them he returned to his own home fearful that they might strike him.

When Baron Hughes summed up, he informed the jury that the man who called for the knife was just as guilty of stabbing as the other who had actually used the weapon. He stated that unless the jury believed that the defendants used the knife in self-defence, the jury should find the defendants guilty. Evidence of the good character of the defendants was then given by two constables.  The defendants were described as “well conducted lads, especially William, but James Maher was a little quarrelsome.” After the jury found the defendants guilty the judge said that in sentencing the defendants he was determined to put an end to the use of the knife. If the sentence of two years’ imprisonment with hard labour did not end stabbing and cutting he did not know what would.

Glenmore Families

The Victim Edmond/Edward Cody

As highlighted above Richard and Edmond/Edward Cody were the sons of Denis Cody and Mary Cody née Dunphy (b. 1798). Denis Cody and Mary Duphy (sic) were married at Ballyverneen on 31 January 1826 per the Slieverue parish records. The records also provide that Mary Cody née Dunphy was baptized on 6 December 1798 to Michal Dunfy (sic) and Catherine Murphy. It is believed that her husband, Denis Cody, was the son of Patrick Cody and Alice Cody née Phelan of Milltown and was baptized on 12 September 1792.  Griffith’s Valuation (1830) shows that Patrick Cody was a tenant farmer in Milltown, Glenmore.

Denis Cody and Mary Cody née Dunphy had the following known children: [1] Bridget Cody (bapt. 22 Oct. 1828); [2] Mary Cody (bapt. 9 July 1831); [3] Richard Cody (bapt. 11 Feb. 1833); [4] Richard Cody (bapt. 3 May 1835); [5] Ellen Cody (bapt. 19 Dec. 1837); and [6] Edmond Cody (bapt. 22 Mar. 1840). Griffith’s Valuation (1830) of Ballyverneen, Glenmore provides that Denis Cody was a tenant and Richard Dunphy was his landlord.

The Witness George Rabbit

The witness for Edmond Cody named George Rabbit (b. 1839) had an unusual name and was easy to locate. Nicky “the Miller” Forristal in an interview recorded by Danny Dowling on 22 June 1957 listed George Rabbit as a former resident of Ballyverneen (DD Notebook 5). George Rabbit was the son of William Rabbit and Mary Rabbit née Dunphy. William Rabbit and Mary Dunphy were married at Ballyverneen, Glenmore on 20 October 1836. The following children were located for this union: [1] Elizabeth Rabbit (bapt. 16 July 1837) at Ballyverneen; [2] George Rabbit (bapt. 12 May 1839) at Inistiogue, Co. Kilkenny; [3] Stephen Rabbit (bapt 26 Dec. 1941) at Busherstown, Glenmore; [4] Elizabeth Rabbit (bapt 15 Oct. 1843) at Ballyverneen; [5] Mary Rabbit (bapt. 24 May 1846) at Ballyverneen.

The Maher Brothers

The Maher brothers are more problematic. According to the ages provided in the 1865 newspapers James Maher was 23 years of age and would have been born about 1842. His brother, William Maher was reported as being 19 years of age and would have been born about 1846. No birth records could be located for these men in 1842 or 1846. A James Maher was baptized on 5 March 1836 the son of Michael Maher and Johanna Maher née Walsh of Ballinvarra (sic) which is in Slieverue but close to the Glenmore parish border. No record for William could be located.

Please send in corrections or additional information to glenmore.history@gmai.com. It is hoped that one or more readers may be able to provide additional information concerning the event or the people involved.

Dr. Kathleen Moore Walsh