Monday, August 19th, 2024

Danny Dowling (1927-2021) spent a considerable amount of time in the Waterford Public Library searching old local newspapers for news articles regarding Glenmore. Danny recorded that in the Waterford Mail of Saturday, the 21^st of July 1838, Cornelius Fitzgerald was transported for 15 years for the manslaughter of his wife Catherine Fitzgerald, at Windgap, the 25^th of March.

It is not apparent from his notes, but it is likely that Danny realized quickly after reading the article that the Glenmore where the Fitzgeralds lived was located in County Waterford. We are featuring the Waterford manslaughter case today because of the insight it provides to crime and justice in the early 19th century. It also serves as a useful contrast to the 1822 manslaughter of Catherine Hanrahan (c. 1798-1822) of Rochestown, Glenmore which we posted on 6 November 2022. Catherine Hanrahan was pregnant and shot in the back by a Waterford bailiff who was sentenced to 6 months for her manslaughter.

Bridget Fitzgerald née Mulcahy (?-1838)

We were unable to locate baptismal or marriage records for Bridget Mulcahy and her husband Cornelius Fitzgerald. We know from the newspaper accounts, of Cornelius Fitzgerald’s trial for the manslaughter of his pregnant wife, that the couple were married about 1833. We were able to locate baptismal records for three children born to the couple: (1) James Fitzgerald was baptized on 10 November 1833; (2) Catherine Fitzgerald was baptized on 11 September 1836, and (3) Cornelius Fitzgerald was baptized on the 22 April 1838. All three of the children were baptized in the parish of Dungarvan, Co. Waterford. According to testimony at his father’s trial, Cornelius the youngest child, only lived 4 days. It is not known if either of Bridget’s other known children survived her.

Waterford Assizes July 1838

Some of the convictions of the Waterford Assizes of July 1838 are outlined below.  There is a lot of concern today regarding violent crime, but it seems apparent that in 1838 society was very violent. In one month in Waterford there were two convictions for murder, one conviction for manslaughter and a conviction for what today would be an aggravated assault on an elderly man.

At the County Waterford Assizes at the end of July 1838, the following convictions were recorded: Cornelius Fitzgerald, for killing his wife, when in a state of pregnancy, was sentenced to 15 years’ transportation; John Fitzgerald, of Cappa, was convicted for harbouring and maintaining the notorious Connery’s, convicts and prison breakers; William Merman, carpenter, for the murder of his apprentice to be hanged the 4^th of August;  Martin Kelly, for shooting at, and grievously wounding the late Mr. John Keeffe (who was aged over 80); and John and Patrick Connery, goal breaking, were senteced to 15 years’ transportation (Kerry Evening Post, Wed. 25 July 1838, p. 1).

At the Waterford City Assizes, Andrew English was convicted of stealing sheep and sentenced to 15 years’ transportation. Thus, Cornelius Fitgerald received the same sentence for killing his wife as another man received who stole sheep and two other men received who broke out of prison. Lastly, Thomas McCarthy was convicted of the murder of his wife and sentenced to hang on the 4^th of August (Waterford Mail, Sat. 21 July 1838 p. 3). Thomas Carthy (sic) was granted a “respite until further orders” for the murder of his wife. He was recommended to “mercy on account of imbecility of mind” (Waterford Mail, Sat. 4 August 1838, p. 2).

The Trial of Cornelus Fitzgerald

Although the results of his trial were reported widely, the details of the trial were only reported in two Waterford newspapers: The Waterford Mail (Sat. 21 July 1838, p. 2) and the Waterford Chronicle (Sat. 21 July 1838, p. 7). We shall utilise the slightly longer Waterford Mail and place any additional facts or information from the Waterford Chronicle in parentheses.

Cornelius Fitzgerald was put forward, charged with the manslaughter of his wife, Bridget Fitzgerald, at Windgap, on the 25^th of March 1838.

The Testimony of Mary Keily/Keife

Mary Keily was sworn and examined by Counsellor Dixon. (The Chronicle reported that Mary Keife, not Keily, was sworn and examined through an interpreter, Mr. Dixon.) It seems likely that all the witnesses and probably the defendant only spoke Irish while the trial was conducted in English. However, the reference to an interpreter was only made regarding the testimony of Mary Keily/Keife.

Mary testified that she knew “the prisoner at the bar” for the last 20 years, and she knew his wife, Bridget Fitzgerald. She explained that the prisoner and his wife lived near her at Glenmore. She stated that the prisoner and his deceased wife were “5 years married.” Before her death the deceased “was in the family way.” Mary stated that Brigid died on “last Easter Monday.” Easter in 1838 fell on Sunday the 15^th of April which suggests that Bridget Fitzgerald died on the 16th of April and did not die on the 25^th of March as her husband was charged.

Mary testified that she often saw the prisoner strike his wife, but she did not see him strike her for some time before her death. Mary saw him kick his wife and beat her with a rope and an iron back band. Bridget Fitzgerald only lived a short time after her lying in. Mary saw bruises on Brigid on the Good Friday before her death. She also had a cut on her head and blood on it. Mary washed Bridget’s head twice (and both times there was blood in the water.) She saw Brigid’s black back only at the inquest.  

Cross Examination of Mary Keily/Keife

Mr. Hassard conducted the cross examination. Mary stated that it was the prisoner that called her to attend his wife during her confinement. He did not go for Bridget’s mother although her mother had been with her the week before her death. The prisoner and a little boy went for the priest, but when the priest arrived Bridget was insensible. The child Brigid bore lived four days after his birth. Mary could not tell at what time Brigid was struck with the backband.

The Testimony of Mrs. Bridget Mulcahy

Bridget Mulcahy was sworn, and examined by Counsellor Scott, Q.C. Bridget testified that she was the mother of the deceased, and that she had been with the deceased a week before her death. When she arrived at the house she went into the room where her daughter was lying, and found her “like a beehive” at the foot the bed. Her daughter told her to look at her head, and “said that she did not consider the pain in her head to be compared with her back.” She told her mother that “she was killed on the Friday before Good Friday,” when struck with bellows that the prisoner threw at her. Her daughter went on to say that “the blood coming from her head made her heart break and that it was her husband that killed her.” Mrs. Mulcahy testified that her daughter was delivered before she died in the week after Good Friday.  Mr. Hassard cross-examined this witness, “but nothing material was elicited.”

The Testimony of Doctor Travers

Dr. Travers was examined by Counsellor Porter, Q.C. Dr, Travers testified that he performed a post mortem on the deceased about a week to ten days after she was buried. (He could not recall the date in early May). He found there was an open wound on the head about one inch and quarter long. The wound might have been given the week before the examination. He noted that there was also blackness about the abdomen and on the back. Dr. Travers said “he rather thinks that the wound was occasioned by violence.”

He also stated that there were “no evident marks to occasion the death of the deceased.” While the wound on the head was open, a blow on the abdomen, or on the spine, would be of great injury to person in the state the woman was in. He did not find any coagulated blood on the wound on the head. The doctor opined that the injuries might have brought on premature labour. In the doctor’s opinion, from the state of the womb, the wounds would have caused death. (The Waterford Chronicle reported that the doctor stated that death was caused in his opinion “from all of the circumstances, was, that violence was the cause.”)

(In response to a question from a juror the doctor stated that he thought the injuries caused premature labour.)

The Cross Examination of Doctor Travers

Cross-examined by Mr. Hassard the doctor testified that the midwife could have a better knowledge of the state of the woman because he had not seen the body until seven or ten days after interment. (If he had seen the blackness on the body before burying, he might say that they were not the cause of violence.) (The doctor also stated that if two ignorant women had been attending a person in her confinement, it is not unlikely that there would be more danger in that case.) (In response to another question from a juror the doctor stated that he believed that the woman who attended as a midwife was not usually employed in that way.)

The Verdict & Sentence

The defence did not put forth any witnesses. Mr. Hassard addressed the jury on behalf of the prisoner (spoke to evidence, and said that the case was one of very considerable doubt at least. The learned gentlemen proceeded to speak at great length, and with much eloquence on the evidence. )

 Mr. Hassard “dealt with the Crown Counsel with some severity for not having brought forward a person of the name of Shea who had been instrumental in ‘exciting’ the prosecution.” This “occasioned some warm expressions between him and Mr. Scott.” The matter was only settled when Mr. Scott explained “the cause for not bringing Shea forward.” The judge having charged the jury, they retired, and in few minutes found a verdict of guilty. (In contrast the Waterford Chronicle reported, the judge charged the jury at very considerable length, who retired for some time, and returned a verdict of guilty).

Cornelius Fitgerald was sentenced to be transported for 15 years.

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

The featured photo above is courtesy of wikimedia and depicts the 19th century connvict ship The Neptune. For further reading on transportation see generally, Allingham, “Transportation as Judicial Punishment in 19th Century Britain.”

Dr. Kathleen Moore Walsh