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From Danny’s Files: 19th Century Abuse of Sons
Unfortunately, our home internet failed six days ago as I was researching the cases below. (Yes, we are finally dumping Eir for what we hope is a more reliable service.) In any event, over the 70 years that our founder Danny Dowling (1927-2021) collected information on Glenmore he often copied non-Glenmore newspaper specific articles that caught his attention. The two articles below were in a file Danny marked “family relations.”
Corporal punishment was a fact of life in the 19th century. Corporal punishment was practiced in public institutions such as prisons, schools, the workplace as well as in the home. The chastisement of wives has been widely discussed such as the “rule of thumb.” Husbands were allowed to “chastise” their wives with implements that did not exceed the circumference of the husband’s thumb. Men were allowed to physically chastise their children, and it was common for daughters to be locked into rooms until such time as they agreed to marry a suitor chosen by their father. However, once a son or daughter married they were emancipated and the father’s duty to chastise ceased. The married daughter now was subject to “chastisement” from her husband. The emancipated son was a man in his own right and was no longer subject to corporal punishment by his father.
The cases below provide a glimpse into 19th century family relationships. These cases were considered controversial at their respective times. Undoubtedly, these sensational cases were discussed across the country including in Glenmore.
Spencer v. Spenser & Spencer
In 1828, the Southern Reporter and Cork Commercial Courier (Thur. 21 Feb. 1828) published an article entitled “Extraordinary Case.” John Spencer, a married man, charged his father Benjamin Spencer, and his step-mother, Catherine Spencer with imprisoning him in their home for three weeks and mal-treating him. Unfortunately, none of the ages of the parties was provided. John Spenser alleged that he was “manacled, fettered and chained down to a bed frame in a garret room without fire or bedding and with little more nutriment than potatoes and water…” He was “stripped of his small clothes, waist-coat, shoes and stockings—and received occasional floggings…”
The Witnesses
John Spenser’s wife stated that the day before the hearing she had taken her husband to Edward Butler, Esq. to show Mr. Butler the condition of her husband. Her husband had a manacle on each hand that were connected by a short chain. There were horse-locks on each ancle and a hook was on one of the horse-locks. A chain ran between the short wrist chain to the hook which kept her husband from standing up straight. She removed the chain from the hook. His hair “was cut closely off.” Although she knew that her husband was in his father’s house she did “venture to go and see him, for fear of ill-treatment to herself.” She learned of her husband’s condition from “old Spencer’s maid, Anne Condran.”
Mr. Edward Butler, Esq. stated that John Spencer “came to him yesterday morning, without any small-clothes, or stockings—that he wore a kind of woollen apron which descended to his knees—that he had all the irons described about him.” Mr. Butler went to the father’s house. The keys to the irons were provided. The irons on John Spencer were then removed and his vest and small clothes were returned to him. John Spencer was at liberty.
Ann Condran stated that she was a servant maid to Benjamin Spencer for the past three months. She saw Benjamin’s son John in a room above stairs—he had bolts his hands and feet, and was chained—he was tied to the bed with other chains. She stated that she thought that John Spenser was mischievous. He once broke a pane of glass in the parlour with his hand. While he was confined, she brought him potatoes and milk, sometimes stirabout, another time meat, and sometimes dry potatoes. She could not state who chained him but she knew his step-mother cut his hair to clean him. She repeatedly stated that the neighbours knew of his confinement perhaps to show that his parents did not think they were doing anything wrong, or perhaps to relieve any guilt she may have had for not informing John Spencer’s wife earlier regarding his mal-treatment.
According to Ann Condran John Spencer got loose himself and escaped from the window. She stated that without the restraints he would have beat and bruised everyone in the household, “and had ill used his father and mother. She noted that he was chained to a bed that had a mattress but no covering on it. John Spencer was forced to eat with his handcuffs on for the entire three weeks. One time when his mother went to clean him John Spencer allegedly threw a hammer at her which was an extraordinary statement given his irons. Unfortunately, it was not reported how he obtained the hammer.
Mr. M’Dowell, governor of the gaol, testified that it is not usual in the gaol to keep the criminals hand-cuffed for three weeks. He stated that such a punishment was greater than what he used. M‘Donnell said that when young Spencer escaped from his father’s home, his head and legs bore marks of violence. He had five plasters on his wounds, and his hair was cut close off.
John Spencer, was sworn and testified that he was confined against his will in his father’s home. He was told not to expect to escape until his father’s death. He described the irons that held him and stated that his mother beat him with lashes. His father did not strike him during the three weeks. For food, he only once got stirabout and milk and potatoes twice a day. He got meat once when his step-mother was absent from the home.
John Spencer stated that he was chained to the bed and could lie on it but it did not have a stitch of covering on it. He asked for covering and it was refused. Once a “lock of straw was left in the room, he took it to lie on, under the bed, and his step-mother then took it away and used it in the shop under her feet.”
The Ruling
“Magistrates having investigated the case, consulted awhile. It was directed that Benjamin Spencer and his wife should be confined for trial Assizes, or find bail for appearance, two persons each in and themselves in £100. each. The husband subsequently, on giving the bail required for himself, was dismissed—but Catherine Spencer, in default of security was sent to prison.” In other words, Benjamin Spencer and his wife were to stand trial when the circuit judge next came to the area and could either await the judge in jail or pay £100 each as bail. Benjamin Spencer, the father, made bail for himself, but his wife was sent to prison to await the trial.
“A Melancholy Domestic Affair in Cashel,” O’Ryan v. O’Ryan
In 1847, during the Great Famine, a “family squabble” in Cashel appeared in newspapers across Ireland and in England. The victim Francis O’Ryan, Jr. was next of kin to the Right Hon. Richard Butler, Earl of Glengall, of the barony of Cahir (Liverpool Daily Post, 1 Sept 1858). The son was shot in the face by his father, Francis O’Ryan, Sr. It was initially thought that the son would die. At the time of the shooting the son was a couple of months from reaching his majority.
The Cork Examiner (Fri. 3 Sept. 1847) after noting that various versions “of the fearful affair in Cashel” appeared in various newspapers “after much deliberation” decided to publish an editorial written by the father from his prison cell to the Tipperary Vindicator. The Cork Examiner went to pains to state that it was “offering no opinion of our own, one way or the other, on this most unfortunate matter.”
Statement of Francis O’Ryan, Sr.
TO THE EDITOR THE TIPPERARY VINDICATOR. Cashel, August 29, 1847- Sir–I beg to set you right relative to a statement of an occurrence that took place in Cashel, and was mentioned your paper of the 28th inst. It is not true that I had any argument or difference with my son in consequence of his refusing to join in making leases or lease. No such circumstance ever occurred. His signature or consent to any lease made or to be made by me is not requisite; neither will entitled any property from his coming of age, or in fact until after my death.
No, Sir, what led to the unfortunate occurrence was the infliction of the greatest wrong one person could do another. I am sorry be obliged to allude to it, but the letter in your paper of yesterday leaves me no alternative. I caught my son in bed with my wife—his step-mother. This, Sir, was what led to the unfortunate affair, and not the foolish and malicious statement furnished in your paper. I am ignorant as to who the writer of the article may be, or his intentions in furnishing you with a statement so totally at variance with truth; but his information is evidently derived from the poisoned source of malicious fool well known here.
I beg also to state, that am not, nor never was, in the habit of carrying fire arms about me; neither am I, or was I, in dread of thieves. I fear more the villain who attacks character through the instrumentality of wanton and malicious lies. His remarks about my mental illness etc., are not worth answering. Requesting a place in your paper for this note, I am, Sir, your obedient servant, Francis O’Ryan.
Readers may wonder why the father would make such a statement to a newspaper. During the 19th century defendants could not testify in their own defence. By getting his version of events out into the public the father hoped to influence potential jurors. If the son had died the father would have faced murder charges, and if convicted he would have hanged. By making this public statement the father was putting forth a provocation defence which if successful would have reduced a conviction to manslaughter. Luckily, for him his son did not die.
Statement of Francis O’Ryan, Jr.
After the ball was removed from Francis O’Ryan Jr.’s head he too wrote a letter to the editor disputing what his father said occurred before the shooting.
The Tipperary Vindicator (Wed. 15 Sept. I847) published the following letter to the editor dated 9 September 1847.
Sir—Now that my medical advisers say I may use so much exertion, after life being despaired of, I hasten to reply to letter my unfortunate father, dated 29th August last (which I am much surprised you inserted in your columns), containing most diabolical charge against me-a charge deeply affecting my character, and impeaching the reputation and fidelity of an innocent woman.
More particularly when his letter was written in prison, where had been committed on a charge the most serious and aggravated, from which he would of necessity exonerate himself whether right or wrong. I totally and distinctly deny his statements; they are at utter variance with truth. I positively assert that I never did, in thought or deed, commit any act that could justify him in such cruel and un-parental violence as he has resorted to. On the night of the melancholy occurrence I repaired to bed about ten o’clock, labouring under intense agony from tooth-ache and swollen jaw, which I have been long time subject. About twelve o’clock Mrs. O’Ryan, her way to procure a drink for one of her children, having heard me complain, came into my room (which is quite near my father’s) and asked me if she would send for anything to allay the pain, when my father, armed with pistols, rushed into the room, drove Mrs. O Ryan out, left the room, and locked the door on the outside.
I got out of my room, and in some time after proceeded to the door of that in which he was, asked him for the key, and the reason for acting as he had done, when he deliberately fired a pistol at me, inflicting a most dangerous wound. His statement that he had no argument with relation to joining him in leases, also untrue, as he did ask me to a short time since, for the purpose of enabling him to raise money for his own purposes, which I refused. Ever since he has been most violent in his conduct and treatment towards me.
A statement which appeared in some papers written by a newly acquired friend of my father’s (who gave the Limerick folk reason to think of him), that he (my father) was recently married, and other insinuations reflecting on me, is equally false, as my father married nine years since, and has got two children by said marriage. I could adduce many and strange circumstances to convince the most incredulous of the motives which actuated him to commit this awful crime, but as the matter must undergo legal investigation at the proper time, I trust the Press in general will, in justice to me, insert this letter, as they have published that of my unfortunate parent, and refrain from publishing any further comments on this very deplorable subject. I am, your very obedient, Francis O’Ryan, Jun.
Junior was referencing some statements that appeared in various newspapers including the Sun (London) (Tues. 31 Aug. 1847). “Mr. O’Ryan having been for some time a widower, recently married a young and interesting lady, who, according to the version of the story on the father’s side, become an object of the son’s passion. That this sentiment was reciprocated by the youth’s stepmother, the father had, as is stated, for some short time back, more and more reason to be suspicious; and on Tuesday evening on entering his bedroom was horrified to beheld his place occupied by his unfortunate son. Maddened with rage, the unhappy father reached a loaded pistol, and fired… The lady made a precipitate retreat, and escaped before her infuriated husband could reload his weapon. An instant alarm was given and Mr. Ryan was taken into custody, and consigned to the gaol at Cashel.”
Before the internet crashed, we were able to learn that Junior went to Australia and returned to Ireland in 1858 to claim a title. At that time it was noted that his father was deceased (Liverpool Daily Post, 1 Sept. 1858). As time permits and the internet is restored we shall update these cases.
Please send any corrections or additional information to glenmore.history@gmail.com and we shall acknowledge and reply as quickly as we are able.
Dr. Kathleen Moore Walsh
Special thanks to Nial and Maeve C. for allowing us to “borrow” their internet to post this.
A Ballyhobuck, Glenmore Murder?
In January 1846 nearly every newspaper in the country carried multiple articles concerning starvation and “outrages,” which included threats, attacks and murders. One article that was included was a mysterious death in Ballyhobuck, Glenmore that one newspaper listed in their murder column. The deceased that garnered such attention was John Crosby (c. 1796-1846) a saddler by trade, from Dublin, who was approximately 50 years of age and working in the Glenmore area for the previous four years. On Sunday the 25th of January 1846, John Crosby was last seen alive by a constable near the Mile Post. His corpse was found the following morning on the High Road, the former main road between Waterford and New Ross, in Ballyhobuck, Glenmore.
The account below was taken primarily from the Kilkenny Journal & Leinster Commercial & Literary Advertiser (Wed. 28 January 1846, p. 4). Extra or differing facts reported in other newspapers and explanations are contained in square brackets.
The Deceased John Crosby (c. 1796-1848)
On Wednesday, the 21st, Mr. Izod held an inquest at Ballyhobuck, near Glanmore (sic) on the body of a man named John Crosby, a saddler by trade, from Dublin, and about 50 years of age. [Mr. Izod the Coroner of County Kilkenny, upon arriving at the scene on Wednesday the 21st of January, “a jury was sworn on the spot” and while a post mortem was being performed, by Dr. James Boyd, the deceased was identified. The deceased was described as a quiet man and not known to have a quarrel with anyone. (Waterford Mail, Sat. 24 Jan. 1846, p. 2)].
Deceased was occasionally employed by the farmers in that neighbourhood, and, about 4 o’clock in the evening of the previous Sunday, was seen by a policeman near the Mile Post. From his appearance, the policeman conceived him to be drunk, but on entering into a conversation with him discovered that such was not the case, but that he seemed weak.
The Scene
About three miles onward, on the old Waterford and Ross Road [today called the High Road], at Ballyhobuck, he was subsequently discovered dead, and lying by the ditch. Six or seven yards from the body, there was a stream of blood on the centre of the road, which is very rough and having a quick descent. At the commencement of the run of blood there were stones fixed in the road, which might have inflicted the injuries apparent on the head of deceased, had he fallen thereon sideways with considerable force, to effect which he should have been running at the time.
The Deceased’s Injuries
There was a puncture wound on the head, baring the skull, which was fractured, with extravasation of blood underneath, causing death. [Extravasation refers to the leakage of fluids]. [There were marks of violence upon the body, consisting of several wounds on the hand and arm, all on the right side. The principal wound that caused his death was one likely to be produced by the blow of a blunt instrument inflicted with force—that it and all the other wounds might have occurred from a fall with great force whilst running, and that he might have been able to get up and walk afterwards to the ditch (Waterford Mail, Sat. 24 Jan. 1846, p. 2).
No food had been in the stomach for six hours before death, nor was there any trace of intoxicating liquor; consequently the man, from weakness, was not supposed to be likely to run so as to endanger life. The medical witness also stated that a blow of a stick or blunt instrument, would have inflicted the injury received.
A noise, as of persons in anger, had been heard near where the body lay, at about the time the deceased may have been passing there. He might also, it seemed, have recovered sufficiently to move from the spot where he had first fallen, to where he was subsequently found. [There was no noise heard the evening before by anyone in the neighbourhood, except the voices of a few men about 9 o’clock as if passing by quietly (Waterford Mail, Sat. 24 Jan. 1846, p. 2)].
The Verdict
The respectable jury found that “death from the effect of a blow or injury to the head.” [After evidence was summed up the jury returned a verdict “that Crosby’s death was occasioned by a wound on the right side of the head, but whether the blow was effected by design or accident they could not determine (Waterford Mail, Sat. 24 Jan. 1846, p. 2)].
Evidence Viewed Today
One hundred and seventy-eight years have passed and modern forensics might have been able to shed light on this death if sketches of the injuries had been recorded and kept. In fact the death of John Crosby occurred about four decades before the world was introduced to the fictional Sherlock Holmes. Although fictional Sherlock Holmes helped shape forensics and he would have been searching for trace evidence in the deceased’s wounds. There is little doubt that a man weak from not eating could fall on a roadway and injure himself, however it is unlikely that such a collapse would lead to such an extensive injury to the right side of the deceased’s head causing his skull to be exposed and fractured.
Additionally, wounds to his right hand suggests that if he fell he was able to get his right hand out to break his fall. However, this would not account for the injuries to his right arm unless the injuries were on the lower arm. Although it was not discussed, at least not in the newspaper accounts, could the injuries to his right hand and arm have been what today are called defensive wounds? If so, the death was not an accident.
No time of death was established and probably could not have been established in 1846. We know the deceased was last seen alive at the Mile Post on Sunday afternoon at 4 p.m. and was found dead in the road on Monday morning. Did he die while walking on Sunday afternoon or did he die late on Sunday or early Monday? Today it seems odd that no passerby found his corpse until Monday, but before automobiles on a cold winter’s night there were probably not a lot of people traveling along that road.
What do you think murder or an accident from being weak from hunger?
Dr. Kathleen Moore Walsh
For further information and maps of the High Road see our post of 14 December 2019.
A Ballinclare, Glenmore Murder
Several years ago when Danny Dowling (1927-2021) was talking about the killer Henry “Bounce” Walsh he mentioned another murder that occurred in Ballinlammy and concerned the poisoning of a bailiff. Danny believed that the killer lived where Irish’s are today. We were never able to locate a Ballinlammy murder, but did come across a case where Michael Walsh of Ballinclare, Glenmore was charged with murdering his neighbour Simon Power by poison in 1849. According to Paddy O’Connor (his mother was Bridie Aylward of Ballinclare) a Walsh family once lived at the Ballinlammy Cross where Ballinlammy and Ballinclare meet.
September 1849–Poisoned Whiskey
The Kilkenny Moderator (Sat. 15 September 1849, p. 2) published a short article that Michael Walsh, residing at Ballinclare, in the Barony of Ida, was committed to the Kilkenny County Gaol, by W. R. Croke, Esq., R.M. Walsh was due to stand trial at the next Assizes, for attempting to murder by poisoning.
Two local men were hired as bailiffs or “keepers” and placed in charge of Walsh’s crop which had been distrained for rent. Their names were James Murphy and Simon Power. Walsh asked the bailiffs to take some whiskey, and they accepted the invitation and received some liquid from a bottle, which caused them to become deadly sick. Power, who took more of the liquid than the other, was reported as being in a dangerous state. Dr. William Boyd who treated Simon Power, declared that corrosive sublimate had been mixed with the whiskey.
It was reported that Michael Walsh absconded, but was arrested in Waterford through the exertion of Acting Constable Smullen of the Glanmore police station. Smullen is not a Glenmore name. A quick check of the Glenmore parish registers revealed the first name of the RIC Acting Constable Smullen was Patrick. Patrick Smullen was married to Margaret Macmanus. The couple had three known children which provides a bit of insight into where Patrick was posted. His daughter Mary was baptized in 1841 at Tulloroan, Kilkenny. In 1843, his daughter Catherine was baptized at Ballycallan/Kilmanagh, Kilkenny, and his son Laurence was baptized at Glenmore on 4 April 1849.
Dying Declaration
Before Simon Power died, William Cooke, Esq., R,M. went to his house early in September. Cooke found the victim, Simon Power, stretched upon a pallet. The prisoner was there in custody. Cooke first took the information from the deceased and told the prisoner he had a right to examine the dying man. Cooke took down the questions the prisoner asked the dying man and the answers he received.
Arraigned for Murder
Michael Walsh was arraigned for the murder of Simon Power, committed on the 13th of August 1849, at Ballieclare (sic). The indictment set out at great length that the prisoner had, with malicious intent, mixed in a “naggin of whiskey two drachmas of a deadly poison,” termed mercurial salts, which he induced Simon Power, to drink, and in consequence the deceased languished from the 13 August to the 14th of September, and then died.
When the case came before the Kilkenny Assizes in July 1950 and it “excited considerable interest.” It had been tried at the previous Assizes, where “the jury disagreed,” and a new trial became necessary. The newspaper reporters wrote that prisoner, Michael Walsh, “was a man apparently of the class of comfortable farmers.” The Counsel for the Crown was Mr. Scott QC and counsel for the defence were Messrs. Harris & Armstrong. The trial judge was Baron Richard Pennefather (1773-1859). For further information regarding Pennefather see our previous post of 24 July 2021. Michael Walsh’s trial for the murder of Simon Power took one day.
The Murder Trial–July 1850
The Kerry Post, (Wed. 31 July, 1850, p. 4) has the clearest printed account of the trial which was held on Thursday the 24th of July 1850. It has been supplemented with facts reported in the Kilkenny Moderator. “Michael Walsh, a farmer of respectable appearance, was indicted for the wilful murder of Simon power, on the 30th of August 1849, at Ballyclare (sic) by administering to him a deadly mercurial salt in whiskey. There were 17 challenges on the part of the prisoner prior to a jury being empanelled” (Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Testimony of James Murphy
James Murphy—I was placed last August as keeper over the land of the prisoner. The deceased, Simon Power, was another keeper. I lived near the prisoner. It was on Tuesday morning we went, and we remained night and day on the grounds. On Thursday morning the prisoner told me and Power to go up to the house and warm ourselves. We went up. We refused at first, as the women would not be satisfied with our going into the house. He said they were not up. When we got into the house the prisoner took a bottle off the dresser. He went into the yard and brought back a tea cup. He brought me then to the inner room and filled the cup with whiskey which I drank.
Power was not in the room with me when I took the whiskey. I went back to the kitchen and was there about 10 minutes when the prisoner from the inner room called Power. Power went up to the room and remained about two minutes. Power returned to the kitchen. Power went out of the house, and after a few minutes the prisoner and I and a man named Lennan, the landlord’s man, went out of the house. The deceased was at the gable end of the house. He was vomiting. He went with me a quarter of a mile to his own house, and still continued sick.
I also became affected when I got 40 perches away. I left Power at home in his house. He had been well for the two days before that morning. The distress was subsequently canted. About a naggin of spirits was in the bottle after I got a drink.
Cross Examination of James Murphy
During cross-examination James Murphy stated that Lennan had told the prisoner that if he went to Mr. Sherlock, and paid his rent, it would be all right. He testified that he drank about half a glass. “We had taken nothing that morning. The door was open between the kitchen and where the prisoner remained after I got the whiskey. The prisoner’s sister, Mary Walsh, came down after I got the whiskey, but not before the deceased was called into the parlour. Both of us got the whiskey before she came in. I felt a pain in my stomach after the drink. The prisoner and the deceased were very good friends. I saw Power walking on three different days after he was sick, and remained one day as a keeper. I did not see him sick after those occasions. Power complained to me that he was sick.
The jurors were allowed to ask questions of James Murphy.
The second day after that Thursday Power was at the prisoner’s and remained about three hours. When asked if there was anything put into so small a quantity of whiskey would it not have left a disgusting taste, James Murphy responded, “I did not feel that there was anything remarkable about it.” If he had been offered more, he believed he would have drank it. However, if offered it half an hour after, he would not have taken it (Kilkenny Moderator, Sat. 27 July 1850, p. 2). Lastly, James Murphy was asked if “after the deceased was placed as a keeper, did the prisoner manifest any unkindly feelings towards him.” James Murphy testified, “He did not.”
The Testimony of Anastatia Power
Anastatia Power, the daughter of the deceased Simon Power testified that her father came home at 6 in the morning with James Murphy. Her father had been keeping at the prisoner’s. Her father was vomiting. He went to bed and “he continued very bad during the whole of that day.” When he came home his cheeks were yellow. After some time his tongue and cheeks swelled and turned red. The middle of his tongue was white but the borders were red. He would start up when asleep, and bawl as if in fright. The first week his feet were warm and sore, and they got cold the second week.
The vomiting continued until he died fifteen days afterwards. Dr. Boyd attended her father a week after he was ill. He was very often sick and vomiting during that week. He was very sore and not able to go a out his business. “His mouth was sore and scalding, and the flesh inside his mouth would come away when he was spitting. I could pull out the flesh and it was black. His teeth were also black. The odour of his breath was most offensive. The water from his mouth was green and thick. It was often coloured bloody. He complained of pains cutting him in the bowels, and of pains in his head. Before he died lumps of lard like came from his stomach.”
Cross Examination of Anastatia Power
On cross examination Anastatia Power stated that her father on Wednesday night ate a supper of peas. He never went about his business after that Thursday and he never had any of these symptoms before. The newspaper noted that Anastatia’s brother and sister were examined, but no record of their testimony was provided in the Kerry Post. The Kilkenny Moderator note that Walter Power, testified that he took his father’s place at the prisoner’s farm as his father was not able to attend. His sister Catherine Power also stated that their father was too ill to work (Sat. 27 July 1850, p. 2).
Testimony of Dr. William Boyd
Dr. William Boyd testified that he attended the deceased on the 6th of September and prescribed “for him on the 3d for a sore mouth.” He found the deceased lying on the ground in bed with a profuse flow of saliva from his mouth with a disagreeable odour. The deceased’s tongue was swollen and protruding, indented at the sides and thickly coated. His gums were ulcerated as was the palette behind the teeth. His face was swollen and re and he had great difficulty swallowing and talking.
“His pulse was excited. I got him out of bed to examine his body to see if he had been rubbing his body with ointment. I could detect nothing. I asked if he had been taking medicine. He said not, but that that day week he got something from the prisoner in whiskey which was not right—that immediately after getting the whiskey he became sick—that he was not able to remain that day…That on swallowing the whiskey it had a very queer burning taste, and he felt a burning in his mouth and throat. That about the third day his mouth became salivated and continued. He had a pain in his stomach. The chief pain he complained of was his mouth and head, and he never used any mercurial preparation, except four years earlier when he was in fever. He frequently drank whiskey without any ill effects from it, and he was in rude health immediately before he took the whiskey. “
The doctor visited the deceased on the 8th, 10th and 13th. “From the symptoms I perceived, I think he died from the effects of mercury. Corrosive sublimate is a sort of mercury. It could have been administered by an ointment rubbed to the body, or by its being given by a drink. I considered it must have been administered to him in a drink from what he said.”
“Corrosive sublimate is soluble in whiskey, and would not colour the drink, or have any smell. It would have a dry, caustic taste, like as if a man got a taste of lime when in a kiln. From the symptoms, and from what the man said, I believe his death was from corrosive sublimate…It is a deadly poison.” The doctor then described the body parts he collected from the post mortem and sent them in jars to Dublin for further examination.
In response to further questions, the doctor explained that the deceased died from weakness, the corrosive sublimate interfered with the digestive organs. On the 13th the deceased was aware of his approaching death. Dr. Boyd told the deceased that there was no hope. The deceased sent for his priest. “When I first saw him I did not consider him dying. I knew him to be in a dangerous way.”
The Cross Examination of Dr. William Boyd
On cross examination the doctor agreed that both cholera and dysentery were prevalent in the area. He said that the deceased was a stout, strong, well built man, not likely to be affected by dysentery. He attended the deceased for mercurial salivation. “The deceased described as accurately as any medical man the effects which would follow the taking of this poison, and I was confirmed in my belief of what he had taken by finding an ignorant man describe day by day with the utmost accuracy what symptoms should follow the administration of corrosive sublimate.” He disputed that this was not a simple case of bad whiskey containing bluestone and Verdigris. Verdigris has no mercury. Just three grains of sublimate can kill. “One may take as much of the poison and escape from death that would kill three others. Some are more susceptible than others of the influence of poison.” The doctor stated if sublimate was in powder he would not expect it would be dissolved in ten minutes (The Kerry Post, Wed. 31 July, 1850, p. 4).
Defense Objected to Deceased’s Dying Deposition
When the Crown attempted to read into the record the deposition of the deceased the defence council objected and a mighty row broke out. Judge Pennefather ultimately decided to admit the deposition into evidence.
The Defence
The defence put on several witnesses. From the newspaper accounts all were relatives of the prisoner or worked for him. Mary Power née Walsh,, the prisoner’s sister, stated that she was present when her brother gave whiskey to both men at the same time. She herself had a glass as did two workmen, William Bryan and Patrick Dwyer. She later had a bit of a headache but wasn’t sure if it was from the whiskey. Another sister Ellen Walsh testified that she was the deceased working the rest of the week and noticed thereafter that his son Watt Power replaced him. Both workmen testified that they often started the day with Michael Walsh treating them to a drop of whiskey. Both indicate that there was no upset over the local men acting as keepers for the landlord. It was better to have neighbours than strangers about (Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Jury Deliberations
According to the Kilkenny Moderator, “Baron Pennefather delivered a most luminous and impressive charge.” The jury retired at 8 p.m. and after thirty minutes the foreman came out and said that there was no chance of a verdict. Pennefather sent them to deliberate more. At half past ten the jury returned a verdict and notwithstanding the lateness of the hour the courtroom was packed.
Our next blog we will discuss the verdict, the sentence and appeal as well as information concerning the victim and his family. If you were on the jury how would you have voted?
Please send any corrections or further information to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
For further information see, Kilkenny Journal & LCL Advertiser, Wed. 31 July 1850, p. 1
From Danny’s Files: The Search for Missing Friends
After Danny Dowling (1927-2021) retired he made frequent trips to various libraries around the country gathering information concerning Glenmore and her people. Recently a small red notebook was found in Danny’s voluminous files where he recorded information he gleaned from a set of books entitled The Search for Missing Friends: Irish Immigrant Advertisements Placed in the Boston Pilot. These books were published by the New England Historic Genealogical Society of Boston.
Irish family members emigrating to the United States often travelled at different times and landed in different ports. Communications were difficult and expensive. Often those who were not literate had to rely upon others to write or read their correspondence for them. Thus, family members searching for jobs or opportunities travelled around North America and often lost contact with other family members, particularly during and after the Great Famine (1845-1852) and the American Civil War (1861-1865).
All newspapers of the era published advertisements or notices seeking information or the whereabouts of friends or family, but the Boston Pilot in the 19th century was one of the newspapers of choice for Irish emigrants searching for loved ones. The books containing the advertisements in the Boston Pilot have been Digitized by the Internet Archive in 2014, and volume VII covering 1871-1876 is available on line.
The newspaper advertisements or notices provide a lot of information regarding emigrants and are quite poignant. Danny recorded all references that he found to Glenmore from volumes II through V. We have found a few more advertisements or notices referring to Glenmore and added these to the list. We have also attempted to identify the dates of birth, townlands and parents etc. of the persons named in the Glenmore related advertisements or notices. Today, we will focus on the first six entries in Danny’s notebook and have attempted to retain the spellings as they appear in various records to aid others.
(1) Martin Butler (bapt. 14 Feb. 1822) of Flemingstown, Glenmore [Vol. II, p. 305, published in the Boston Pilot 13 Nov. 1852]
“Martin Butler, ship builder, native of Flemingstown, Parish Glenmore, Co Kilkenny, sailed from Liverpool about 4 years ago, for New Orleans. Last heard of was in Cincinnati. Any information respecting him will be thankfully received by his brothers Patrick and Thomas Butler, Jacksonville, Morgan County, Illinois.”
A review of the Glenmore Parish records reveals that John Butler married Catherine Murphy of Ballinlammy, Glenmore on 11 February 1817. The couple had at least 7 children and all but one were recorded as being born at Flemingstown. [1] Thomas Butler (bapt. 11 Jan. 1818); [2] Nicholas Butler (bapt. 7 April 1819); [3] Martin Butler (bapt. 14 Feb. 1822); [4] Bridget Butler (bapt. 20 Jan. 1827); [5] Patrick Butler (bapt. 27 June 1828); [6] Mary Butler (bapt. 31 Jan. 1830, Parkstown] and [7] Catherine Butler (bapt. 15 April 1832).
Of the three known Butler brothers in the U.S. we were able to locate in the Cincinnati City Directory of 1863 a Martin Butler living at Iva Ludlow and 2nd and working as a ship carpenter. We located little regarding Patrick and Thomas Butler in Jacksonville, Illinois. However, a Patrick Butler (1828-1905) was located. According to his headstone in the St. Augustine Cemetery in Ashland, Cass Co. Illinois, he was born in Co. Kilkenny on 20 Mar 1828. Thus, the birthdate is off by 3 months with the Glenmore records. According to the 1900 Census of Cartwright, Sangamon Co. Illinois, Patrick Butler (1828-1905) was a married, farmer and aged 72. He recorded that he was born in March 1828 in Ireland. He immigrated in 1851 and married Margaret Kennedy (1835-1913) in 1854. The headstone records that Margaret Butler née Kennedy was a native of Tipperary. The biographies recorded on findagrave provides that Patrick lived for two years in Jacksonville before moving to Sangamon County, Illinois. To view the headstone click here.
In attempting to determine if Patrick Butler (1828-1905) of Cartwright, Sangamon Co., Illinois was from Flemingstown we attempted to locate all Patrick Butlers born in Kilkenny in March 1828. There was a Patrick Butler (bapt 29 March 1828) born at Baristown, Ballyhale, Co. Kilkenny to Michael Butler and Bridget Mahon. However, no known children of Patrick Butler (1828-1905) were named Michael and the eldest son of Patrick Butler (1828-1905) was named John. Based on the circumstantial evidence, the fact Patrick lived in Jacksonville when he first immigrated, the advertisment in the Boston Pilot etc. it is believed that Patrick Butler (1828-1905) was a native of Flemingstown, Glenmore.
(2) Margaret Dugan, of Ballanerahee (sic) Glenmore [Vol. III, p. 333, published in the Boston Pilot 7 July 1855]
“Margaret Duggan of Ballanerahee, Parish Glenmore, Co. Kilkenny, who landed in Boston two years ago, and went to New York, last May 12 months ago. She said she would go to Savannah. Address her husband John Whealon, Whitewater, Wisconsin.”
A review of the Glenmore Parish records revealed several possible candidates and no marriage could be located for Margaret Duggan and John Whealon. (1)A Margaret Duggan was baptized 11 Dec. 1823 at Ballinerahe (sic) Glenmore to James Duggan and Nelly Costello. (2) A second, Margaret Dugan was baptized 20 May 1821 to Richard Dugan and Mary Geehan at Ballinarah (sic) Glenmore, and lastly (3) another Margaret Dugan was baptized 21 Feb. 1833 at Ballineraha (sic) to Patrick Dogan and Bridget Sutten.
(3) The Kirwan Family, of Glenmore, Co. Kilkenny [Vol. III, p. 175 & 216, published in the Boston Pilot on 23 Sept. 1854 and on 25 Nov. 1854]
Published 23 Sept. 1854
“Bridget and Alice Kerivan of Weatherstown, Parish of Glenmore, Co. Kilkenny, who left home 4 years ago. When last heard from one year ago, were in St. Louis, Mo. Information will be received by their sister Catherine, in care of Malcolm McLoughlin, Roxbury, Mass.”
Published 25 Nov. 1854
“Margaret, Mary, Elizabeth, William and Kate Kerevan from parish of Glenmore, Co. Kilkenny when last heard of were in Roxbury, near Boston. Information will be received by their sister Bridget, care of T.J. Fallan, Catholic Bookseller, St. Louis, Mo.”
It is not clear whether the two advertisements were from the same family as the one in September lists Weatherstown. Women are difficult to trace as their name’s changed upon marriage. However, one family seems to fit most of the persons named in the 25 November publication. [1] William Kearvan (bapt. 20 Jan. 1819) to Michael Kearvan and Margaret Hogan was born in Scartnamac (sic) Glenmore. Margaret Hogan was a native of Weatherstown and married Michael Kearvan on 16 Sept. 1817. Other children in this family included: [2] Margaret Kerwan (bapt. 3 March 1837 at Ballahuck (sic); [3] Mary Kirwan (bapt. 5 Feb. 1840) [4] Patrick Kerwin (bapt. 11 Jan. 1825; [5] Thomas Kerwan (bapt. 13 April 1832) and [6] Maurice Kerwan (bapt. 25 Sept. 1822). In 1854 after most of his siblings emigrated to the U.S. Maurice Kerwan married Mary Scanlon and resided at Ballyhobuck, Glenmore.
(4) Philip Kelly, of Rathinure, Glenmore [Vol. III, p. 175, published in the Boston Pilot on 23 Sept 1854]
“Philip Kelly of Parish Glenmore, Rahanewr (sic), Co. Kilkenny, who came to Quebec 4 year ago, and was last heard from in Philadelphia. Information will be received by his sister Mary Kelly, Cazenovia, Madison County, New York”
A Kelly family containing a Philip and Mary Kelly could not be located in Glenmore. A Mary Kelly was baptized with an address of Glenmore on 18 Oct. 1822 to Thomas Kelly and Anastatia English. A few years later another child named Mary Kelly was baptized on 25 August 1825 at Ballyhubuck (sic) the daughter of John Kelly and Catherine Denn. The townland of Ballhobuck abuts the townland of Rathinure. Unfortunately, no baptismal record could be located for a Philip Kellyof Ballyhobuck or Rathinure.
(5) Patrick Delahunty, Glenmore Parish [Vol. VI, p. 546, published in the Boston Pilot on 11 Dec. 1869]
“Patrick Delahunty, parish of Glenmore, county Kilkenny, Ireland, when last heard from seven or eight years ago, he was in Bloomington, Illinois, at that time he had charge of the freight house. Any person knowing his whereabouts will confer a favor on his brother, William, Hoosick Falls, Rensellaer (sic) county, N.Y.”
Little could be found regarding Patrick Delahunty. However, it appears that William Delehanty (sic) continued to reside in Hoosick Falls, New York and died 17 July 1883, aged 68. William is buried in St. Mary’s Cemetery, Hoosick Falls, Rensselaer County, New York. If his age at death was correct he was born about 1815. Just prior to his death William was living at 63 Church St. (Hoosick Falls Village Directory 1882-1882). A review of the Glenmore Parish records reveals that William Dullehanty (sic) was baptized 3 November 1811 at Glenmore to James Dullehanty and Catherine Crock of Coolaline (sic), Glenmore.
(6) Michael Culleton (1822-1889) of Glenmore, Kilkenny, Ireland [Vol. II, p. 216, published in the Boston Pilot on 8 May 1852]
“Michael Culliton, native of Parish Glanmore (sic) Co. Kilkenny, left home about 4 years since and landed in New York. When last heard of was in Pennsylvania. Any information respecting him thankfully received by his wife, Mrs. Anty Culliton, 28 Mathew St., Chelsea, Mass.”
A review of the Glenmore Parish records reveals that Michael Culleton was married on 19 February 1846 to Anastatia Walsh of Parkstown, Glenmore. Unfortunately, the parish priest did not record the names of the fathers of the couple. However, it is believed that Michael Culleton was the son of Michael Culleton and Ellen Culleton née Mullins of Kilbride, Glenmore and was baptized on 3 August 1822. An immigration records was located that showed that Michael Colleton arrived in New York on 16 May 1848, aged 25. He sailed on the A.Z. from Liverpool, and listed his profession as labourer.
It is not known if Mrs. Anty Culleton located her husband Michael, however it is likely that he joined his wife in the Boston area. On 22 September 1882, Michael Culliton (aged 60) married for a second time in Boston. His second bride was Mary Dunphy (spinster, aged 40). The records reveal that the couple were both born in Ireland. His parents were listed as Michael and Ellen Culliton and her parents were listed as Thomas and Mary Dunphy.
Michael Colliton died 20 May 1889, aged 66 at City Hospital of Boston. His cause of death is listed as pneumonia and exhaustion. At the time of his death, he was living at 26 Terry St.
We hope that you have enjoyed this brief glimpse into the lives of some Glenmore emigrants of the 19th century. Next month we will publish the last six entries from the notebook. Please send any additional information or corrections to glenmore.history@gmail.com.
The featured drawing above is from 1851 and entitled “Irish Emigrants Leaving Home–The Priest’s Blessing.” Courtesty of the New York City Library’s Digital Collection. (Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Picture Collection, The New York Public Library. (1851). Irish emigrants leaving home — the priest’s blessing Retrieved from https://digitalcollections.nypl.org/items/510d47e1-37f2-a3d9-e040-e00a18064a99).
Dr. Kathleen Moore Walsh
Counterfeiting in Glenmore
During the Famine the local newspapers were full of articles where people were arrested and convicted of “coining” or counterfeiting coins or passing or possessing counterfeit coins. Today, we are going to highlight a counterfeiting case involving a Glenmore farmer who paid part of his rent with counterfeit sovereigns. The sovereign was a gold coin introduced in 1817 as part of the Great Recoinage of 1816 to replace the guinea. The guinea was worth 21 shillings or £1.05 and the gold sovereign was worth £1. Interestingly the Great Recoinage was deemed necessary to stabilise the British currency after the French Revolution and Napoleonic Wars caused severe economic problems in Great Britain. The sovereign continued to be in circulation until World War I, but remains legal tender in the UK today.
The following short article appeared in the Waterford Chronicle on Saturday the 21st of March 1846 (p. 3). The case was then reported in several other newspapers including the Kerry Examiner (27 March 1846, p. 3).
“COINING. On Monday last two men named Walsh and Sweeny, farmers from the county of Kilkenny, near Glenmore, who were of good character hitherto, were arrested on a charge of coining and committed to prison. The particulars of the case are as follows: the coiners came to pay rent to their landlord, to whom they paid nine sovereigns and some notes; they received receipts and departed. In short time after the money was sent to the bank, where the gold was discovered counterfeit, but the notes were good. The following morning Constable Hughes proceeded to the residences of the prisoners, and there found some coining utensils, for making sovereigns, as well some stamps for half crowns, which, together with some metal found in the same place, the constable brought into town. The persons charged are fully committed for trial.”
The following week, two national newspapers the Pilot and the Freeman’s Journal, quoting a Waterford Freeman article, supplied more details concerning the event. Interestingly the Waterford Freemen ceased publishing in 1847 because subscribers failed to pay their subscriptions. These articles reveal that a farmer named Peter Walsh, a resident of Weatherstown, Glenmore, on the 18th of March went into Waterford City to pay his rent to his landlord Mr. Robert Smith. According to the newspaper he tendered good notes for £6 and 9 sovereigns which were “base coin.” The landlord did not suspect that the coins were counterfeit until he went to lodge them in the bank and the bank informed him that the 9 sovereign coins were not real. Sergeant Hughes was informed and he arrested Peter Walsh and a labourer named Sweeny. At the time of his arrest Peter Walsh had on his person “three bad sovereigns, two base half crowns, mixed with good coins and 9 base half-crowns concealed.” The labourer Sweeney had one bad half crown. Hughes went to Walsh’s residence where he found “the instruments for casting the coins, the dies, the metallic substances, the receipts for polishing, and chemical ingredients. Waterford Freemen.” (The Pilot, Wed. 25 March 1846, p. 1).
On the 3rd of April 1846, Peter Walsh, of Weatherstown was granted bail on the application of Mr. Hassard, a solicitor. The court required two sureties’ posting £40 each. “Walsh, the farmer, from Weatherstown [was] committed to the city jail on a charge of passing base sovereigns a few weeks back” (Waterford Mail, Wed. 8 April 1846, p. 2). Thus, for attempting to pay his rent with 9 counterfeit coins valued at £9 two men had to post £40 each in order for Walsh to be released on bail. Unfortunately, this is the last newspaper article concerning the counterfeiting and no where is the first name of the labourer Sweeney provided or whether he continued to languish in jail.
That may have been the end of the story except for the parish records and a headstone in Glenmore cemetery. From the parish records we were able to discover that a Peter Walsh, of Weatherstown, was married to Anastatia Murphy and had 7 known children: [1] James Walsh, bapt. 2 Dec. 1836; [2] Mary Walsh, bapt. 18 Mar. 1838; [3] Patrick Walsh, bapt. 1 Dec. 1839; [4] John Walsh, bapt. 19 July 1841; [5] Edmund Walsh, bapt. 17 June 1842; [6] Michael Walsh, bapt. 23 Aug. 1844; [7] Bridget Walsh, bapt. 19 April 1846. All of the children when baptized had an address of Weatherstown, except Bridget who was born about a month after Peter Walsh, of Weatherstown was arrested. Bridget Walsh’s address was provided as Busherstown, Glenmore.
The only headstone with the name Peter Walsh, in the cemetery adjacent to the Glenmore Parish Church, has the following inscription:
Erected by Mary Walsh, of Weatherstown in memory of her grandfather Michael Walsh and her grandmother Mary Walsh. Her father Peter died in 1847. Her mother Anastasia Walsh née Murphy died in 1862 (sic). Uncles Patrick and Micheal Her sister Bridget Gahan née Walsh died in America 1856 (sic) aged 42. Her brother James died 17 May 1908, aged 72.
Danny Dowling interviewed Martin Cody, of Weatherstown, Glenmore in May 1977. Martin stated that the Walsh family had a farm of 40 Irish acres in Weatherstown, Glenmore. The last of the male line of this family in Weatherstown, was James Walsh who remained a bachelor and died in 1909. He lived with his sister Main Walsh, who never married. Main or Mary Walsh died in 1919. Jim and Main spoke Irish. Their land went down to Connolly’s Cross and the old name for that part of Jim Walsh’s farm was “Flohanins.” In 1977 Martin said that the Walsh farm was owned by William Fitzgerald of Weatherstown. His father brought it. A sister of James and Main Walsh married Tom Gahan, another native of Weatherstown. They emigrated to Boston and had two sons Frank and John. Frank Gahan fought with the US Army in Europe during the First World War and visited Weatherstown at that time. Lastly, Martin stated that the Walsh’s mother was one of the Sé Óg Walshs of Tullogher, and Jim and Main were first cousins of Dickie Doherty of Ballinlammy, Glenmore.
From the parish records we believe that it was the Walsh’s grandmother, rather than mother was one of the Sé Óg Walshs of Tullogher. Also, the 1901 census reveals that Anastatia Walsh née Murphy was an 87-year-old widow in Weatherstown living with her son James Walsh and daughter Mary Walsh. James Walsh was 60 years old and Mary Walsh was 57 years of age. Also reported in the household was Andrew Cashin, aged 30 who was listed as a domestic servant with the notation “idiot”. We were able to verify that James Walsh, died on the 17th of May 1908 at Weatherstown and James Synott was present when he died. The 1911 census reveals that Mary or Main Walsh was living alone and her landlord is listed as Patrick Fitzgerald. It is assumed that when her brother Jim died she sold the farm to Patrick Fitzgerald but continued living in the farmhouse.
We also verified that Bridget Walsh, of Weatherstown married Thomas Gahan on 16 August 1881 at Glenmore. The first record located in Boston reveals that in 1883 Thomas Gahan was living at 20 Beach Chsn. and working as a labourer (Boston City Directory 1883). The couple in addition to sons Frank and John also had a son Peter who died on 18 April 1885 of measles at the age of 2. Bridget Gahan née Walsh died on 10 Dec. 1887. She and her son Peter are buried together at Mount Auburn Cemetery, Boston. Bridget’s year of birth is incorrectly recorded as 1852 instead of 1846. We were unable to locate a 1919 death record for Mary/Main Walsh and we did find that another brother of Jim and Mary or Walsh. Michael Walsh (bapt. 1844) (farmer) married Catherine Mackey, of Weatherstown, on 23 September 1866 at Glenmore. She was the daughter of Philip Mackey (farmer) of Weatherstown. There was only 1 child located for this couple. Anastatia Walsh was born on 20 January 1867 in Weatherstown. It is not known if the family emigrated or remained in Ireland.
Danny Dowling also recorded information provided by Nicky the Miller Forristal in November 1977. Nicky revealed, “Old Jim Walsh and Main Walsh, of Weatherstown were brother and sister. They had a farm. Jim Walsh was known as “Bothered Jim.” He was kind of deaf and used to talk high. He was a big man. Old Cashin, the shoemaker, was invited out by Jim Walsh to visit him. The invitation extended over a long time, and finally Cashin did visit him, thinking he was going to have a great evening with a few drinks thrown in. After sometime Jim said to Main ‘get a pawpeen for Cashin.’ That was all he got.”
Lastly, from the information provided on the headstone Main Walsh erected we were able to trace the Walsh family, of Weatherstown, back another generation.
The parents of Peter Walsh (1809-1847) were Michael Walsh, of Weatherstown and Mary Walsh née Walsh of Tennefala, Glenmore. Tennefala is near Rosbercon, Tullogher. Per the baptismal records, the following children were born to this union: [1] Bridget Walsh, (bapt. 28 Jan. 1798); [2] John Walsh (bapt. 7 May 1802]; [3] Mary Walsh (bapt. 2 June 1807); [4] Peter Walsh, (bapt. 28 Aug. 1809); [5] James Walsh, (bapt. 30 July 1812); [6] Patrick Walsh, (bapt. 7 Aug. 1815) and [7] Michael Walsh, (bapt. 23 Jan. 1820).
The grandfather of Peter Walsh (1809-1847), Michael Walsh, was baptised on 19 August 1773 at Weatherstown, Glenmore. Michael was the son of Peter Walsh and Mary Walsh.
Given the fact that Peter Walsh was quickly released on bail, that he had a solicitor, and no record of a trial could be located it may be the case that the landlord, Robert Smith, was not interested in prosecuting so long as the rent was paid. There is no conclusive proof that the Peter Walsh, of Weatherstown, charged with counterfeiting in 1846 was the Peter Walsh (1809-1847) of Weatherstown, but he is the most likely candidate at the moment based upon the available records.
Dr. Kathleen Moore Walsh
The featured photo above is an 1843 gold soverign coin featuring a young Queen Victoria.
The Sentencing & Execution of Patrick Donovan
Today, for our third and final blog concerning the murder of Michael Rigby in Kilbride, Glenmore in 1841 we are going to highlight the extraordinary exchange between the judge and the convicted Patrick Donovan as reported in the Kilkenny Moderator (Wed. 11 Aug. 1841, p. 3). The lecture by the judge, Baron Pennyfather, provides an insight into the religious convictions of the time as well as his thoughts concerning the evidence. The contempory newspaper account of the execution is provided as well as additional information regarding the victim, the defendant, some of the witnesses etc., and the land. We conclude with a short summary of Baron Pennyfather’s most famous case with Daniel O’Connell which illustrates his integrity as a trial judge.
The Sentencing
The morning following the jury returning a verdict of guilt, Patrick Donovan was returned to the court for sentencing. The clerk of the crown (Mr. Curtin) asked Patrick Donovan if he had anything to say why a sentence of death and execution should not be carried into effect according to law.
Patrick Donovan—”If I am hung tomorrow, I will come to the judge and declare to him the truth; I will rise from the ground and speak to the judge and jury, and them that I am not guilty of the murder. I am as clear as the morning dew of it; and I said the same thing to Father Gannon today.”
Baron Pennefather—”Patrick Donovan, you have made a declaration which every one who has heard your trial and attended to the evidence must be satisfied is untrue. You have declared, and may persist in declaring your innocence in this world. If you be innocent (and quite the reverse appears) that innocence will be known to the Great Judge of the World. He must know and does know the inmost secrets of the heart, which are concealed from human eyes; and if you be innocent…” According to the newspaper Donovan interjected, “Yes, I am.”
Baron Pennefather—”If you be innocent, He in another world will view you and consider you as such; but I should ill discharge my duty to you or to the public, if I were to suffer your declaration of innocence to affect the course of the law of this country. You have been convicted upon evidence which removed every doubt from the minds of the respectable jury before whom you were tried—they maturely considered the evidence, and if they had a doubt would have given you the benefit of it, according to my direction. I told them that your life depended upon the verdict of guilty, if not satisfied beyond a doubt of your criminality. They heard me patiently, and after three hours given to the consideration of the evidence, came to the conclusion that you were guilty of the act of depriving a human being of his life who never offended you—who never raised an arm against you. You sent him, without a moment’s notice—without a moment for preparation—to meet his God, and deprived him of his life by breaking his head to pieces with a heavy implement. Was not the case fully brought home to you? Was it not fully established by evidence which could not be controverted? Independently of the unhappy man [Walsh] who witnessed the deed, and who had no motive for coming forward to accuse you, but perhaps he was not altogether innocent of the murder, having been in your company not only before but after you perpetuated the deed—independently of his testimony, was it not proved by evidence which could not be questioned, that no other person could have committed the murder: No other man had enmity against the deceased, and the unfortunate man’s life [Rigby] was spared by the interposition of providence so long as to enable him to declare to his son that you were his murderer. God Almighty spared his life until he should be an instrument in bringing his assassin to justice. Can you after such evidence—can you after the man upon the verge of eternity, and about to meet his God had declared you guilty, can you persist in asserting your innocence? No man who heard the evidence can believe you. I beseech you then, as you regard the welfare of your soul, as you regard your eternal mises of happiness, because it is not too late even for you to hope for forgiveness through the mortis of our Saviour, I beseech you not to persevere in the assertion of that which is untrue, and ask to add to the guilt you have already perpetrated the denial of your offence before that God who cannot be deceived. No remission can take place in your sentence. What persecution did you receive from the unfortunate deceased? After your landlord thought fit to dispossess you from a farm for non-payment of rent and broken covenants, Rigby took those four acres, for which you deprived him of his life.
Amazingly at this point Donovan corrected the judge indicating that it was—Two acres of land.
Baron Pennefather—That is not now of importance, except so far that it shows you had less excitement to operate on your mind.
Prisoner—Don’t take heed of any backbiting.
Baron Pennefather—I have heard nothing of you but on this trial, and nothing but the evidence on which you were found guilty.
Prisoner—I was found guilty in the wrong.
Baron Pennefather—I would not do my duty if I did not warn you to prepare for your death, and it is not in my power in any manner to avert it. The learned judge then put on the black cap, and sentenced the prisoner to be hanged on Saturday, the 28th of August, and his body to be buried within the precincts of the goal. The prisoner, whose demeanor was reckless and yet not firm, was then removed from the dock, amid the crying and exclamation of his relatives.”
The newspaper account ends with the statement that Donovan subsequently confessed his guilt, but no further details are provided concerning the alleged confession. The oddly named Kilkenny Journal, & Leinster Commercial & Literary Advertiser, whose editor had been highly critical of the Kilkenny Moderator in May concerning its reporting of the arrest, also reported on the trial. One of the differences in the Journal’s account of the trial was the fact that the defence barrister strongly objected to the introduction of the dying declaration of Michael Rigby naming Paddy Donovan as his killer. It was also reported that Donovan had only married the widow and obtained the land two years before he was evicted, and the eyewitness John Walsh testified through an interpreter as he was an Irish speaker (Sat. 7 Aug. 1841, p. 3).
The Execution
Patrick Donovan was hanged in front of the Kilkenny gaol on the 28th of August 1841. “His appearance at the place of execution was contrite and edifying. He made no declaration in public, but on different occasions since conviction he admitted the justice of his sentence, and made full acknowledgment of his guilt” (Waterford Chronicle, Sat, 4 Sept. 1841, p. 8).
Although most newspapers only published a few sentences concerning the hanging the Kilkenny Journal (Wed. 1 Sept. 1841, p. 2 ) provided the following detailed account of the event.
“On Saturday, the unfortunate man, Donovan, convicted at our last Assizes of the murder crowd of persons were collected round the scene of the execution from an early hour, and the time when the unhappy man appeared on the drop, there could not have been less than 5,000 people present. A large body of Police, with two companies of the 99th regiment, were placed within the enclosure opposite the Gaol. At half-past one o’clock, the prisoner, accompanied by the Rev Messrs. Doyle and Kavanagh, who were most unremitting in their attendance upon him ever since the time when the awful sentence of death was pronounced against him, left his condemned cell, and proceeded through the corridors of the gaol towards the place of execution. He appeared to be deeply impressed with the near approach his untimely end, and from the deep contrition, and the Christian-like resignation, which evinced, he seemed to have treasured within his soul the solemn and wholesome admonitions of the excellent clergymen who supported him in his hours of tribulation. He was a man of athletic frame, and just in the prime of life; and no doubt, his death will serve as a warning to many not to allow themselves to be carried away by the impulse of their passions. His appearance was indicative of firmness throughout, and in reciting the various religious responses, & in going through his other devotional exercises, he evinced great presence of mind and deep and fervid contrition of heart. On entering the execution-room, he seemed somewhat weak, but he rallied, and after joining for some time in prayer, he gave himself over to the executioner. The necessary arrangements having been perfected, the bolt was withdrawn, and in a few minutes he was launched into eternity. He died almost instantaneously, and with scarcely a struggle. The crowd soon afterwards separated.”
Other Information
The Murder Victim
Thanks to Ann Fitzgerald and Patty Brown we know that Michael Rigby (c. 1790-1841) married Nelly Neil and the couple had at least 7 children. [1] Thomas Ribby (sic) (bapt. 24 Dec. 1809); [2] Daniel Rigby (bapt. 12 Nov. 1811); [3] Else Rigby (bapt. 19 Nov. 1813); [4] James Rigby, bapt. 9 July 1816; [5] Richard Rigby, bapt. 7 March 1820; [6] Thomas Rigby, bapt. 17 Feb. 1822; [7] Michael Rigby, bapt. 14 April 1825. At the time of the murder in May 1841, Daniel Rigby (described by Hanrahan as the eldest son) was newly married to Margaret Rigby on 22 Feb. 1841. The year after the murder James Rigby married Catherine Rigby on 19 June 1842. Thus, two Rigby brothers from Ballyveria, Glenmore married two Rigby sisters from Ballinacrea, Slieverue. A review of the Tithe Applotment Books reveals that in 1830 F. George Caulfield was the landlord of Ballyveria and Michael Ribby (sic) occupied 24 acres in the townland. At Christmas 1840 he acquired the four acres thus at the time of his death it is believed that he occupied 28 acres. Some of his children emigrated to the US and some remained in Ireland.
[Update 28 July 2021: Per Patty Brown and Ann Fitzgerald– Else Rigby married Kieran Dollard and they emigrated to Norfolk, Virginia in 1851. Her brother Thomas Rigby emigrated with them; her brother Michael Rigby joined them in 1852; and her brother Richard Rigby in 1855. Of the Rigby brothers who emigrated to Norfolk only Thomas Rigby married (Bridget Moloney) and died shortly thereafter in 1854].
The Fields
Danny Dowling would always advise in untangling local farming families to track the land. Following this advice, this week several local farmers noted that the two fields that were the cause of the murder are now owned by Michael Phelan, of Darbystown. It was recalled that Michael Phelan’s aunt married a Rigby, they had no family,* and she left the land to her nephew Michael Phelan. A marriage record was located for Daniel Rigby of Ballyveria and Catherine Phelan of Ballyfacey who married on 10 July 1940. Daniel Rigby (1882-1966) was born on the 23rd of December 1882 at Ballyveria, the eldest son of Michael Rigby (1842-1934?) and his wife Anastatia Roche (married 1 March 1881). Michael Rigby (1842-1934?) was baptized 4 March 1842, just 10 months after his grandfather was murdered. Michael Rigby (1842- 1934?) was the eldest son of Daniel Ribby (sic) (1811-1889) and Margaret Ribby née Rigby (c. 1811-1897).
*Correction–Dan Rigby and his wife Catherine Phelan had a son Michael Rigby who died in 1971. After Dan Rigby’s death Catherine married Michael Tobin. Catherine Rigby, Tobin née Phelan died in 1982 at the age of 74.
The Defendant
From the facts reported during the trial it was known that Patrick Donovan was 28 years of age in 1841, married a widow and occupied the two fields for two years before being evicted in June 1840. Patrick Donovan was baptized on 6 March 1813 at Ballyveria the son of William Donovan and Anastatia Elvert (Aylward). In the 1830 Tithe Applotment Books, William Donovan was the occupier of 31 acres. Another Donovan is found in the townland, John Donovan who was the occupier of 33 acres. Patrick Donovan (1813-1841) had at least five siblings: [1] Honor Donovan (bapt. 26 Aug. 1803); [2] Patrick Donovan (bapt. 26 Oct. 1807-died before 1813); [3] Catherine Donovan (bapt. 27 May 1810); [4] Michael Donovan (bapt. 26 Mar. 1816); [5] James Donovan (bapt. 15 May 1817).
Patrick Donovan (1813-1841) married Alice Cody on 26 October 1837. Unfortunately, the marriage record does not record the fathers of the couple or whether Alice was a widow. A search revealed that an Alice Cody married James Walsh on 15 Feb. 1829. Two known children were born to this marriage [1] Mary Walsh, bapt. 13 March 1832 and [2] Philip Walsh, bapt. 17 May 1834. No further baptisms could be located. The only James Walsh in the 1830 Tithe Applotment Books for the area provides that a James Walsh is listed with John Colleton, Mary Colleton and Michel Colleton of Kilbride and occupying 85 acres. Patrick Donovan and his wife, Alice Cody had two known children [3] William Donovan, bapt. 10 Nov. 1837 and [4] Patrick Donovan, bapt. 7 Oct. 1841 (about five weeks after his father was executed).
A death record was located for an Alice Donovan, aged 80, who died on 6 November 1875 at Haggard, Glenmore, the widow of a farmer. William Donovan was present at her death. A death record was located for William Donovan, of Haggard, who died on 21 March 1882, of TB at the age of 44. His father-in-law Andrew Brien was present. A marriage record provides that William Donovan (farm labourer) married Anastatia Brien on 8 February 1869 at Glenmore. William’s father is listed as Patrick Donovan and Anastatia’s is Andrew Brien. William Donovan (1837-1882) and his wife had at least 8 children before his untimely death in 1882.
A baptismal record could not be found for an Alice Cody in 1795 in Ballyveria. However, a record was located for Alice Cody baptised 12 February 1804 at Milltown, Glenmore the daughter of John Cody and Catherine Neef. Later children of this couple were baptized at Ballyveria (Margaret Cody (1809) and Edmund Cody (1810). Thus, Alice Donovan née Cody (1804-1875) was 9 years older than her second husband Patrick Donovan (1813-1841), was widowed twice before the age of 40, and was 71 when she died in 1875.
Witnesses
John Walsh testified that he was in Ballyveria for 30 years. The 1830 Tithe Applotment Books reveals that John Walsh, of Ballyveria, occupied 9 acres.
Edmund Hanrahan (1802-1874) who was ploughing in a nearby field at the time of the murder was baptized on 21 September 1802 at Wetherstown (sic), the son of Michael Hanrahan and Anastatia Murphy. On 24 February 1827 Edmund Hanrahan, of Ballyfacey married Anne Denief also of Ballyfacy. The couple had at least five children, the youngest being born a week after her father testified in the murder case. [1] Alicia Hanrahan, bapt. 10 June 1828 at Kilbride; [2] Margaret Hanrahan, bapt. 6 Aug. 1831; [3] Mary Hanrahan, bapt. 11 Dec. 1833; [4] William Hanrahan, bapt. 13 Dec. 1836; and [5] Judith Hanrahan, bapt. 14 Aug. 1841. Edmund Hanrahan’s name appears in the 1830 Tithe Applotment Books for Kilbride, but he is listed with a number of others and does not appear to have a separate defined number of acres. The death register reveals that an Edmund Hanrahan, a married farmer, died on 26 January 1874 at the age of 75 in Tullogher.
Richard Grace—very little could be found regarding this witness. A Richard Grace was baptized on 28 May 1793 at Ballyfacey the son of Thomas Grace and Margaret Rigby.
The Judge
Richard Pennefather (1773-1859) was the Baron of the Exchequer in Ireland. He served an impressive 38 years on the bench and only retired a few months before he died at his home in Knockeevan, County Tipperary in 1859 at the age of 86. His most famous case was the 1829 Donneraile (Co. Cork) Conspiracy Case where he was one of two presiding judges. Seventeen men were charged with conspiracy to murder local landlords, and the only evidence against them was the testimony of an approver. An approver is a person who engaged in the crime but agreed to testify for the prosecution against the other defendants. In this case, the approver alleged that the defendants met in a tent at a fair and agreed in writing to murder local landlords. After four of the men were convicted Daniel O’Connell (1775-1847), upon payment of 100 gold guineas, took on the case and saved the lives of all the defendants save one. He did this by destroying the credibility of the approver on cross examination armed with a prior inconsistent statement made by the approver before a magistrate. However, this was only possible because Baron Pennefather himself sent for the prior deposition and when he received it he gave it to O’Connell in open court. Pennefather’s actions during the Donneraile Conspiracy case were cited with approval by Justice Hardiman (1951-2016) of the Supreme Court in 2007 (O’Callaghan v. Mahon [2007] IESC 17/1).
The drawing of Baron Richard Pennefather was done by William Tinsley (1804-1885) who was a Clonmel architect. He made several court room drawings while attending the trial of William Smith O’Brien for High Treason at Clonmel, Co. Tipperary in 1848. Interestingly Tinsley immigrated to the U.S. in 1851. The drawings were found by J.D. Forbes in the possession of Tinsley’s granddaughter in Crawfordsville, Indiana, who was researching the architectural career of Tinsley. Forbes (1953) “The Tinsley Portrait Sketches of the William Smith O’Brien Trial,” 83(1) The Journal of the Royal Society of Antiquaries of Ireland, p. 86-92 at p. 90).
If there are any errors, omissions or corrections please email glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh