Friday, August 4th, 2023

Over the years Danny Dowling (1927-2021) spent a great deal of time reading old local newspapers on microfiche machines in local libraries. His voluminous files are filled with newspapers articles he copied. Today, we are going to feature from Danny’s files the arrest of a well known, well liked and respected Glenmore farmer and horse breeder named Felix Mullins (1846-1919).

Felix Mullins was baptized on 11 April 1846 at Flemingstown, Glenmore the son of Patrick Mullins, Jr. (1818-1884) and Julia Brenan (1812-1891). His parents were married on 2 March 1840 at Mooncoin. Julia was from Ashgrove, Mooncoin.   Felix Mullins never married. For further information on the Mullins family see our post of 10 January 2021.

The Assault at Milltown, Glenmore

The following newspaper article in Danny’s file was from the Waterford Mirror and Tramore Visitor (Thur. 19 July 1906, p. 5).

“On Wednesday morning Felix Mullins, of Glenmore, one of the most respectable farmers in the New Ross circuit, was arrested on a charge or having inflicted grievous bodily injury on an old man named Morrissey, a horse trainer, whose chief place of residence is Waterford. The accused was arrested by Sergeant Lynch, of Glenmore, and brought before Mr. Patrick Bolger, J.P., at the New Ross Workhouse Infirmary, where the injured man lay, and where depositions were taken.”

According to the statement of the victim James Morrissey, who was described as about 60 years of age, he attended the New Ross fair on Tuesday the 10^th of July 1906. Morrissey “was returning by road to Waterford in the evening. He was being carried in a cart by two Tipperary men, and when they got to a place called Shanbogh, Felix Mullins overtook them. Mullins, he alleged drew on him with several strokes of a stick and he could not tell anything more until he found himself in the barracks at Glenmore.”

After Sergeant Lynch was examined, the accused was remanded on bail to the next New Ross Petty Session. Interestingly none of the newspaper articles mentioned that Felix Mullins was also 60 years of age in 1906.

Petty Session Records

Further details were found in the Petty Session Court Register, of 11 July 1906. Magistrate  Bolger recorded that “Depositions of James Morrissey and Sergt C. Lynch taken and as injured man will not be able to attend for some time, case adjourned for 8 days. Mullins admitted to bail himself of £10.0.0 and two sureties of £5.0.0 each. Injured man in workhouse infirmary.”

The Petty Session Court Register, of 27 July 1906 notes that “James Morrissey still being unable to attend. Defendant further remanded until Friday 20^th inst. and admitted to bail himself £10 and two sureties in £5 each.”

Hearing of 10 August 1906

The New Ross Standard (Fri. 17 August 1906, p. 13) published an extensive account of the proceedings of 10 August 1906.. Resident Magistrate Sir Wm. Paul and four other magistrates heard the case. District Inspector Smythe prosecuted. James Morrissey was described as a horse trainer from Waterford, of no fixed residence. Dr. Browne, solicitor, appeared for the defendant Felix Mullins.

Testimony of the Victim James Morrissey

“Morrissey, who is lame, appeared with his injured arm in a sling. He was sworn, and called on to listen to the deposition made by him in the New Ross Workhouse Infirmary before Mr. Thomas (sic) Bolger, J.P. after the occurrence. The deposition stated that Morrissey was  a labourer and horse trainer, and had been at the Fair of New Ross on the 10^th of July. He left in the afternoon to go to James Flemings , near Waterford, where he had been stopping.”

“Two Tipperary men, whom he did not know, had a horse and trap, and he got a lift from them. When he went as far as Milltown, Felix Mullins passed him with a horse and trap and John (sic) Duggan was with Mullins. Mullins said that deponent was always running down his horses, and Mullins got out of the trap, and struck deponent several times with a stick on the head. Deponent was also struck on the left hand by Mullins, and also on the legs. Deponent was attended by a doctor, who dressed and stitched his wounds. Deponent believed he must have given Felix Mullins some provocation before he struck him.”

Proper Court for Glenmore Assault Case?

One of the more interesting exchanges in the court commenced when Dr. Browne suggested that the case could be dealt with by the magistrates. In essence this would have meant that Felix Mulllins would face a simple assault charge rather than being sent to stand trial for a felony. Browne argued that there was never any danger at any time of Morrissey’s life except from septic poisoning. No bones were broken, and the man was all right.

District Inspector Smythe—It is my duty to ask that the case be returned for trial. It was a serious assault case, endangering life.

Dr. Browne—The man is all right now; and he was never in any danger except from septic poisoning, which might result from any wound.

Morrissey—Are you a doctor?

Mr. Colfer—Oh, he is.

Dr. Browne held a doctorate degree, but was not a medical doctor. Apparently ignoring the exchange between the victim and a magistrate, Dr. Browne continued to plead for having the case to be summarily dealt with by the Magistrates.

Morrissey—There are five wounds in that head there, and look at my hand and leg.

Dr. Browne reminded the court that the lameness of Morrissey’s leg was natural.

Morrissey—But sure I was struck on it. I was not well able to put it under me this morning, and I can’t walk too much on it, and it was the sergeant asked me to walk down, and that hand is useless since, and the doctor put splays to it.

Chairman—Unless the magistrates had medical evidence to show that his man was not so seriously injured as apparently according to that deposition he was, they would not like to take the responsibility of reducing the charge.

Dr. Browne said he would have had the doctor, who was attending Morrissey present, only he thought the Crown would. District Inspector Smythe replied that he would not have the doctor present unless the magistrates ordered it. Dr. Browne said that unfortunately Dr. Dwyer who attended Morrissey when he came into the hospital was away on holidays. However, he would send for Dr. Hickey who was presently attending Morrissey in the hospital.

When Dr. Hickey arrived at the court the Magistrates stated that they were in agreement that they did not want to hear from Dr. Hickey. They agreed that the proper medical testimony should come from Dr. Dwyer who treated Morrissey after the assault.

Testimony of Sergeant Cornelius Lynch of Glenmore R.I.C.

Sergeant Cornelius Lynch deposed that on the evening of the 10^th of July information reached him that James Morrissey had been seriously assaulted on the road near Milltown, County Kilkenny. Witness arrested Mullins, and having given him the usual caution Mullins said: “He is always running down my horses. He has put a many a pound out of my pocket.” Witness found Morrissey lying on his back in the haggard of James Power, Jamestown, Glenmore. Morrissey had some drink taken.

Morrissey interrupted—If I required a character in the morning, I could get it. Morrissey then went on to belittle the character of Mullins and his horses, and Dr. Browne called the attention of the court to his statement. Browne said this was the sort of thing that was going on, and “that Mullins was submitting to this a long time.”

Testimony of Richard Duggan of Flemingstown, Glenmore

Richard Duggan, replying to District Inspector Smythe, testified that on the 10^th July he was in New Ross. He left New Ross to return home about four or five in the evening with Mr. Mullins, the defendant, in a trap. “On the road home he remembered passing James Morrissey at Milltown. Morrissey was on the side of the road with blood on him. That was not the first time he saw Morrissey.”

“Witness first saw Morrissey at the New Ross side of Milltown. Morrissey was then in a car with two other men whom witness did not know. Morrissey was arguing, witness could not say with whom, but recollected that Morrissey said something to Mullins, and Mullins got off the car and went over to him. Witness saw no assault.”

Dr. Browne—We admit he struck this man.

“Examination continued, witness said that a wrangle then took place between Mullins and Morrissey, but witness did not see Mullins strike Morrissey. Witness was watching the beast at the time. Witness saw an ash plant in Mullins’ hand. After the wrangle Mullins got on the trap and drove off. When Mullins was leaving, witness saw Morrissey in a stooping position on the ground with blood on his head and face. Witness did not remember anything more and drove home with Mr. Mullins.”

Dr. Browne—I don’t want to ask the witness anything.

The Testimony of Sergeant Cornelius Lynch of Glenmore R.I.C.

“Sergeant Lynch then added to his deposition. When he reached Jamestown, about half past seven on the evening on the 10^th July, he brought Morrissey in an ass’s car to the barracks to which he was not able to walk. He then sent one of the police to Dr. Dwyer who came and dressed his wounds.”

“Sergeant Lynch stated that there were four bad cuts on Morrisssey’s head, into which Dr. Dwyer put several stitches. There was a cut on the back of each of his hands. There was a cut on his right leg. Morrissey remained in the barrack all night until the following morning, when he was removed to New Ross Union hospital, and will have to go back to the hospital again.”

Under cross examination Sergeant Lynch stated that he was stationed in Glenmore for the past two and a half years. “He made inquiries about the character of Morrissey since the assault, and heard that he was of a drunken, quarrelsome character. Witness also heard that there was a warrant against Morrissey for being drunk.”

Cross Examination of the Victim

“James Morrissey, was recalled for cross-examination and admitted that a fortnight before the assault he was fined in this court for assault. He was also fined, he said, a long time ago for drunkenness. The injured man then volunteered the statement that he was horse trainer and that if he wanted a character he could get it from Mr. Power, of Faithleg; Mr. Power, of Bellevue; and Captain Bloomfield.”

Morrissey said that he would not ask a “character “from Felix Mullins, who called him an old blackguard, but he alleged the contrary to be the fact. According to the newspaper he went on to make a number of saucey (sic) remarks. He admitted that Felix Mullins got him a job with his brother Kieran, but he did not want the job because Kieran Mullins would only give him a shilling a day. He would not stop with him.”

Further questioned, Morrissey denied that he abused Felix Mullins or Felix Mullin’s horses, or tried to prevent farmers sending their mares to him. The witness then went on to comment that everyone knew about the performance of Mullin’s horse at Tramore race, and he alleged that a good cob would beat him.

Dr. Browne—Was Mr. Mullin’s horse bet?

“Bet,” said Morrissey with withering emphasis, “ oh indeed he was.”

Dr. Browne to the Magistrates—”This is the sort of thing that has been going on.”

Sergeant Lynch stated that Mr. Felix Mullins was one of the most respectable men in the parish of Glenmore, and bore the highest character. The case was then returned for trial for the next quarter session in Thomastown. The defendant reserved his defence, and continued on bail.

Thomastown Quarter Session Court

The Kilkenny People (Sat. 6 October 1906, p. 2) carried a short account of the case and amazingly incorrectly reported that Felix Mullins was from the Inistioge (sic) area.

“A true bill was found against a most respectable farmer named Felix Mullins from outside Inistioge (sic) for assaulting on the 10^th of July James Morrissey thereby doing him bodily harm. Mr. D.J. O’Brien, B.L. (instructed by Mr. Brown, LL.D., New Ross) appeared for the prisoner. He said he was instructed to plead guilty on behalf of the prisoner who was a large farmer and kept stallion horses.”

“According to his instruction this man, Morrissey, circulated around the country damaging reports as regards the prisoner’s horses, and one day when they met on the road Morrissey refused to allow the prisoner to pass. The prisoner then it appeared struck Morrissey with an ashplant. They had already given Morrissey compensation for the injury done to him.”

“Mr. E.K.B. Tighe, D.L., Woodstock, was called to give evidence as to the prisoner’s character. Witness knew him for the last 18 years and always knew him to be a most respectable man. On the occasion of his Majesty’s visit to Kilkenny in 1902, it was witness’s intention to present the prisoner as one of the most worthy men of the district to his Majesty, had the latter been able to come to Woodstock. His Honor allowed the prisoner out on his own recognizance.”

[The King that visited Kilkenny in 1902 was Edward VII. Less than 20 years after Tighe testified for Felix Mulins his home, Woodstock House, was one of the many stately homes burned in 1922.]

Unfortunately, no record of the sentence given to Felix Mullins could be located. Given the fact that Felix Mullins paid compensation to the victim, admitted the charge, was given a sterling character reference by an important and connected person and was released on his own recognizance, it is likely that his sentence was a fine.

Prior Charge of Assault

It did not come out in any of the newspaper coverage, but research in the Petty Session Registers revealed that Felix Mullins was charged on the 17^th of April 1865 with unlawfully assaulting Thomas Walsh at Ballycroney, Glenmore  (Petty Session Register, Rosbercon, 13 May 1865). No outcome for the case could be located. In 1865 Felix Mullins would have been about 19 years of age.

The End

We believe that James Morrissey died in the Waterford Union hospital on 13 January 1916 at the age of 78. It was reported that he was a bachelor, worked as a groom, and lived on Peter St. in Waterford City. No obituary or death notice could be located. If his age at death is correct James Morrissey was 68 at the time of the assault in 1906.

Felix Mullins, died at his residence in Flemingstown, Glenmore on the 24^th of January 1919. Notwithstanding the 1906 assault case, the New Ross Standard (Fri. 7 Feb. 1919, p. 4) reported that “The deceased was a well known, extremely popular, and highly respected gentleman, and was the member of a widely connected and popular county family. His frank and gentlemanly disposition and benevolent nature earned for him the deepest esteem of all who knew him, and the most profound regret was felt at his death. The funeral to Glenmore was of huge proportions, and the attendance numbered many public and business men, and showed the immense popularity of himself and the members of the family and relatives.”

See our obituary page for the longer obituary published by the Waterford News & Star (Fri. 7 Feb. 1919, p. 8).

Please send corrections or additional information to glenmore.history@gmail.com.

The featured photo of the thoroughbred horse is courtesy of the New York Public Library’s Digital Collection. The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Print Collection, The New York Public Library. “Chestnut sorrel thoroughbred.” New York Public Library Digital Collections. Accessed August 3, 2023. https://digitalcollections.nypl.org/items/510d47db-c4ca-a3d9-e040-e00a18064a99.

For information on the historic Thomastown Courthouse on Logan St. see the National Inventory of Architectual Heritage website. This building was also burned in 1922, but rebuilt in 1925.

Dr. Kathleen Moore Walsh