19th Century
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Trial for the Killing of Catherine Hanrahan (c. 1798-1822) of Rochestown,Glenmore
On 6 November 2022 we published newspaper accounts of the manslaughter of Catherine Hanrahan in July 1822 at her home in Rochestown, Glenmore. While transcribing another Danny Dowling (1927-2021) notebook we discovered that Danny recorded articles from the Waterford Mirror that outline the testimony presented during the murder trial. These newspaper accounts provide more detail including the testimony of the landlord Pierse Edward Forristal, Esq. and conflicting testimony of other witnesses. It appears that the testimony of Pierse Edward Forristal, Esq. influenced the jury that only considered the case for a few minutes before returning its manslaughter verdict.
The Arrest
Danny recorded the following from the Waterford Mirror (Sat.20 Aug. 1822). Thomas Marks was charged with the murder of Catherine Hanrahan, at Rochesstown, in Co. Kilkenny. Thomas Marks was taken without resistance at a house in Kilmacthomas. Marks when arrested stated that he was on his way to surrender. He was transmitted to the County Kilkenny gaol.
The Waterford Mail on Wednesday the 14th of August 1822 provided an account of day three of the Kilkenny Assizes. In this account Thomas Marks was indicted for the murder of Catherine Hanrahan and the assault of Luke Power “by presenting a pistol at him.” Hereafter Marks is described as the prisoner.
The Testimony of Luke Power
Luke Power was sworn and testified. Unfortunately, the newspaper account does not provide his relationship, if any, to the deceased Catherine Hanrahan née Power, his occupation or residence. Later in defence testimony it appears that Luke and Thomas Power are brothers. Luke Power testified that he knows Rochestown and was there the Monday after the fair of Thomastown. He knows Thomas Power who lives at Rochestown. On that Monday, very early in the morning, he saw the prisoner at Rochestown.
Luke Power testified that the dog barked at the prisoner. Luke Power got up and asked who was there. The prisoner responded that he was distraining for Mr. Forristal. Luke Power testified that the prisoner was armed. Witness shut the door and would not let the prisoner in. Luke Power then went down to where the cows were and saw three bailiffs there, but the prisoner was not with them.
Luke Power heard a shot and returned to the house and saw Catherine Hanrahan “kilt” on the floor. She died six days after being shot. Luke Power went out to the road where some of the neighbours were gathered. The prisoner said “here’s the man was going to kill me,” and cocked his pistol at Luke Power. It was an hour before sunrise when the prisoner came with six men.
Cross-Examination of Luke Power
Luke Power testified that Mr. Forristal was his landlord. He stated that he paid some rent to Mr. Sherlock and owed Mr. Forristal one hundred pounds “or that way rent.” His brother was his partner in the land. He first saw the prisoner and his assistants in the yard, it was not then 3 o’clock.
Sherlock distrained Luke Power four weeks earlier, but he did not think there was a reason at that time. He did testify that a horse had been taken away to the bog at that time. The prisoner distrained Luke Power before for Mr. Forristal, but could not say how long before. At the time the shot was fired Luke Power was four or five fields away and had not walked a step with the prisoner that morning.
The Testimony of Alicia Power of Rochestown, Glenmore
Alicia Power testified that she was the daughter of Thomas Power and the sister of the deceased Catherine Hanrahan. She remembered people coming to her father’s on the first of July last before sunrise. She saw the prisoner there. She testified that her sister was driving pigs out of the bawn. The prisoner desired that her sister leave them there. When she refused Alicia Power testified that the prisoner ran over and caught her sister by the neck and “squeezed her.” Her neck was cut by his “iron hand.”
Alicia Power stated that she could hear “all that occurred” between the deceased and the prisoner. The prisoner said, “Come leave the pigs there.” Deceased answered, “How do you know who owns them?” Prisoner then struck the deceased and was choking her. Prisoner lifted his foot on a stone and saying, “by G-d I’ll shoot you,” and then fired his pistol. Deceased was then running away and was shot 6 yards from the prisoner. She fell at the door, the ball entered her back. There was another man there minding the pigs where the deceased left them.
Her sister was “shot on Monday morning and died the Sunday following.”
Cross Examination of Alicia Power of Rochestown, Glenmore
Alicia Powers was driving the pigs with her sister the deceased. “They had been in the cabin and were driving them out of the bawn.” Deceased had a stick in her hand. She usually brought a stick to drive the pigs. The deceased did not strike the prisoner and Alicia Power never saw a stone in the deceased’s hand. Alicia Power testified that she never saw the prisoner fall or see any stone thrown at him. She testified that the deceased could not have thrown a stone without her seeing it. Alicia Power was at the prisoner’s side when he fired.
Alicia Power said that the prisoner had only one pistol. She saw Luke Power come up. But never saw the prisoner “present a pistol at him.” Alicia Power swore information against prisoner before Mr. Snow. She did not swear against any other person except the prisoner. She did not hear the deceased, or any other person calling out, “kill the black protestant,” and firmly stated that she did not say it either.
Examined by the Bench—Alicia Power clarified to the judge that the prisoner had six or seven men in his party, one of whom was present when the shot was fired. Bridget Cashin was present but no boys or men. They were down on the land where the cows were.
The Testimony of Bridget Cashin
Bridget Cashin was present when Catherine Hanrahan was shot. She saw the prisoner that morning and saw him fire a shot at Catherine Hanrahan. The deceased was Bridget Cashin’s cousin. She observed the deceased driving the pigs out of the bawn. Only her sister was with the deceased. None of the men of the house were present. She testified that the prisoner had two men with him. She denied that the deceased struck the prisoner or threw stones at him. “He cursed G-d, he would fire at her in a minute.”
Bridget Cashin testified that the prisoner caught the deceased by her neck and choked her. The prisoner laid the pistol on his left knee and fired. The deceased walked four steps and fell. “She did not get up since.” Deceased was 24 years of age, was married 2.5 years, and had one child. Interestingly the Waterford newspaper did not acknowledge that the deceased was pregnant when she was shot in the back.
Cross Examination of Bridget Cashin
Bridget Cashin could not identify the two men with the prisoner. The house was distrained for Mr. Forristal’s rent, but she could not say whether the men were “keepers.” Deceased refused to leave the pigs and was driving them away. The deceased said she would drive them in spite of the prisoner. Bridget Cashin stated that she did not say anything, and the deceased did not say “kill the bloody or the black protestant.” She did not see Luke Power come up. She went to Mr. Snow’s and swore information about six days after “the business occurred.”
The Testimony of Dr. John Briscoe of Waterford
Dr. Briscoe testified that he attended Catherine Hanrahan at Rochestown on the second of July. She had received a gunshot wound in the lower part of the back “of which she afterwards died.”
Cross Examination of Dr. John Briscoe
The wound was horizontal in the lower part of the spine on the right side near the hip. The doctor did not see a mark of bruises or a cut on the deceased’s neck.
The Crown rested and the defence began.
The Testimony of William Cooney
William Cooney testified that he knew the prisoner and went with him to Rochestown on the first of July to distrain for Mr. Forristal. The distraining party consisted of: Thoman and John Marks; William and Richard Jeffers; —Lonergan and himself. They first went to the fields where they collected three horses and some cows. Three men were left in the field to guard the animals. Prisoner then brought Lonergan and William Cooney to the house and told them to take charge of all the property there both inside and outside. He testified that they never entered the house. The pigs were seized in the lane. Prisoner brought William Cooney down towards the fields and they met Luke Power and his brother Thomas.
Prisoner advised the Powers to get bail to release the cattle. Thomas Power had a wattle and struck at Lonergan. The blow was prevented by Luke Power. Prisoner went down to Mr. Forristal’s which was about a field away. Lonergan and Cooney were left in charge of the house. Whilst prisoner was away the two Powers and a woman (not the deceased) pushed Lonergan out of the yard. Lonergan left to tell the prisoner. Cooney was alone and went out onto the road.
Power’s two daughters and another girl were driving the pigs out of the bawn. Deceased had a wattle in her hand. When Lonergan returned one of the girls said, “Mr. Forristal knew nothing of the pigs and for God’s sake let them go.” Lonergan and Cooney refused and the deceased then said, “she would have them (the pigs) or she would knock one of their brains out sideways with the wattle.”
Cooney testified that the wattle was heavy and two and a half yards in length. Prisoner returned and upon hearing the deceased told her, “for God’s sake go in and be quiet and all will be well.” Cooney stated that deceased advanced toward prisoner and said, “you black protestant are you come again to rob us?” She made a blow of the wattle at him. She said the words in Irish. Prisoner gave the deceased a shove and said, “go in God’s name and don’t be aggravating me.”
The deceased raised the wattle and struck the prisoner two or three times. She called out for someone to come “knock the black protestant’s brains out.” The deceased then took up a stone according to Cooney and struck the prisoner in the knee. The other two women were running with stones in their hands. Cooney and Lonergan went between the women and the prisoner. Cooney saw and heard the shot fired. The deceased when shot was stooping for a stone.
The prisoner when he fired was down, “having dropped down sideways when hit on the knee with the stone.” The prisoner was not flat on the ground. He was supported by his elbow. A quarter of an hour later Luke Power came up. The prisoner only had one pistol and it was re-loaded. Luke Power was very angry and was according to Coney going to injure them if he could. Luke Power called the prisoner a “bloody rogue” and “all of them robbers.”
Cross Examination of William Cooney
Cooney was asked to repeat what the deceased had said in Irish and he did. No men of the Power family were present from the time the pigs were driven out first until after the shot was fired. Cooney admitted that he and Lonergan had sticks, but were not otherwise armed. He continued to assert that the three women were very violent, but admitted that the three men could have defended themselves without a shot.
It was daylight when they came on the ground. They left Waterford at 11 o’clock at night. They stopped at Mackey’s on the way and too refreshment. They remained at Mackey’s until “clear daylight.” Cooney described Mackey’s as 4 or 5 miles from Rochestown. Deceased had not run from the prisoner she was sideways, stooping for a stone, about 6 or 8 yards from prisoner.
When the prisoner fell his pistol went off. Cooney stated that the prisoner had not aimed at the deceased. Cooney stated his belief that the prisoner did not intend to fire at the deceased or to pull the trigger. About an hour after the shooting the prisoner said that the pistol went off by accident. Although Cooney stated that the prisoner’s life was in danger, if Cooney was in the same situation he would not have fired at the deceased. Cooney could not say how the pistol went off.
Dr. Briscoe Recalled
Dr. Briscoe was asked about the wound. He testified that it was horizontal. He stated that if the deceased was stooping he could not conceive how she received such a wound unless she and the shooter were both kneeling. Thus Dr. Briscoe did not find injuries on the deceased’s neck and ruled out that the deceased was stooping when shot.
The Testimony of Pierse Edward Forristal, Esq. of Rochestown, Glenmore
“Recollected the morning when this transaction happened.” He saw the prisoner 6 or 8 minutes after the shooting. Prisoner was distraining for Forristal and had frequently before acted as bailiff on his lands. He had distrained them a short time before. The prisoner had “always behaved himself well, and if he had a bad character, he would not have employed him.” Forristal stated that the prisoner is a pensioner and lost his hand “on service.” He went on to testify that the prisoner “frequently interfered” with Forristal in favour of the tenants by always speaking kindly of them and “procured time for them.”
Cross Examination of Pierse Edward Forristal, Esq.
Forristal testified that he sent for the prisoner to act as bailiff and bring 5 men with him. He also instructed that they should be very early on the land “as the Powers had removed their cattle on a former occasion.” Prisoner called to Forristal about 3 o’clock in the morning and told Forristal he had affected the distress. Forristal ordered his horse to be got ready. Jeffers arrived and said that the Powers had taken away horses and cows. The prisoner returned to Power’s. When Forristal arrived he learned of the shooting.
Forristal asked the prisoner why he fired. Prisoner responded that “he’d rather he had wounded himself than the girl.” Forristal testified that Tom Power said to the prisoner, “you have murdered my daughter.” The prisoner replied, “I did not intend to shoot her, but if I did it was her own fault.” The prisoner then unbuttoned the knee of his breeches and showed a large mark on his knee saying, “See Mr. Forristal, how I have been used.” [Of course he could have injured his knee at any time stumbling around in the dark after leaving Mackey’s where they had “refreshments.”]
The prisoner did not tell Mr. Forristal that the pistol went off by accident and Forristal never heard that it did.
The last witness called was Rev. Francis Reynett who testified that he knew the prisoner for about 18 years. He considered him a well conducted man and never heard anything against his character.
Jury Decision
The Lord Chief Justice charged the jury and they retired, “and in a few minutes they returned with a verdict, acquitting the prisoner of murder, but finding him guilty of manslaughter. They also acquitted the prisoner of presenting the pistol at Luke Power.”
The Chief justice sentenced the prisoner to be burned on the hand and imprisoned for 6 months.
What Happened to the Power Family of Rochestown, Glenmore?
We know that no one by the name of Power or Hanrahan were listed as tenants in Rochestown in the 1829 Tithe Lists. We are currently searching Prof. Mannion’s Newfoundland records of Irish emigrants 1750 to 1850 because several Rochestown families moved there in the early 19th century.
For some information on Rochestown see our post of 3 December 2023.
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Please send any corrections or additional information to glenmore.history@gmail.com
Dr. Kathleen Moore Walsh
South Kilkenny’s Moulding of the GAA
In September 1938, the Munster Express in its column “Gaelic Memories of the Past” published a series of articles reviewing the development of the GAA over the previous 50 years. The first article in the series had the long title, “How South Kilkenny Played Its Part in the Moulding of the Greatest Amateur Sporting Organisation in the World” (30 Sept. 1938, p. 7). One of the more interesting parts of the first article is the description of early football rules where wrestling of opponents was allowed and the scoring area was 63 feet wide!
Certainly unusual for today’s press coverage of football, the 1938 article commenced with a quotation from “Oft in the Stilly Night” by Dublin born Thomas Moore (1779-1825). “Fond memory brings the light of other days around me,” as the song goes…
The First Article
And now I shall retrace for the benefit of our readers the memorable deeds of the famous footballers of South Kilkenny who played a big part in the moulding of the Gaelic Athletic Association—now considered the greatest amateur sporting organisation in the world. To older readers it will bring a thrill of pride when the spotlight of publicity is focused on the happy days of 1887 and 1888, when the renowned Kilmacow football team reached the All-Ireland final, which was not played the latter year owing to the American invasion. [The American invasion in 1888 was a sports tour of the Northeastern U.S. by GAA players. See, Mark Holan (2018) “GAA ‘American Invasion’ Began 130 Years Ago“.]
To them it will revive fond memories of many hectic battle for honours in the Gaelic Athletic arena, when their hearts beat high with joy at thrills provided when the parish representatives clashed in earnest conflict for the county title, and later when the county individual winners tested bone and sinew with other counties in the long and honoured trail to All-Ireland fame.
To the younger generation who have seen the progress of the GAA brought to a most successful fruition in the present-day records of attainment, it will Also bring a thrill of pride that their forefathers played such a heroic part in the foundations of such a noble structure, which has bravely withstood the storms of vicissitude and criticism through many a trying year. It is only fitting, then, that the men who conceived and created it, and the men who answered the clarion call in every parish should be remembered and their deeds of valour recalled. In this respect it is only right to say that the men of South Kilkenny played a noble part in that glorious chapter of the annals of the Association.
Founding of the GAA
The GAA was founded at Thurles on November 1st, 1884, Maurice Davin being elected its first President and Michael Cusack (to whose memory the new £50,000 stand was recently opened at Croke Park) its first Secretary. Clubs were formed subsequently throughout Ireland, some of the first to be formed being Waterford, Dungarvan, Gearys (Kilkenny), Callan and Ballyneale (Co. Tipperary). Michael Cusack, Secretary of the GAA, refereed the first Gaelic football match played under the rules in the county, at Kilkenny, between Gearys and Dalkey. No club being existence in existence in the area at the time, a number of players from Kilmacow and Slieverue parishes, where ample talent was available, assisted Waterford Commercials, led by Pat Brazil of the city. Included were Mike Walsh, Mickey Kinsella, Johnny Fitzpatrick, John Moore and Micky Dalton of Kilmacow parish, and Watty McGrath, Jack McGrath and Dick Walsh of the Slieverue area.
Let us cast our minds back, therefore, to 50 years ago when the famous teams of Kilmacow, Mooncoin, Piltow, Slieverue, Mullinavat, ;Ballyhale, Glenmore, Ballycallan, the Gearys, the Larkins, Conahy and others delighted the hearts of followers with their football prowess in Co. Kilkenny, and brought crowds from far and near to witness their battles for supremacy in the county championship. [Glenmore formed it local club on 17 July 1887. For further details see our post of 30 June 2023.
The Commercials’ training ground was at Ballinaneeshagh, a mile outside the city, and very often Kilmacow and Slieverue players walked to the training ground every Sunday after Mass for practice and back again the same evening. The familiar mode of transport to and from matches at the time was a wagonette; there were no bicycles, motors or buses in those days, and the added task of walking did not hamper the players’ ability in the least and they were as fresh when they returned home that night as when they left home in the morning.
Early Football Rules
The Commercials played a challenge game with Dan Fraher’s team at Dungarvan, which resulted in a draw, but the City representatives won the return game, which was played at Waterford, by a goal. In the first two years of the Association wrestling was allowed at Gaelic games, and a player could throw his opponent with a hold. I am not certain if any particular form of “Irish Whip” or “Killarney Flip” was in vogue at the time, but it became so over-vigorous that the Gaelic Athletic Association at its annual Congress held in Thurles on Nov. 15th, 1886, passed a motion prohibiting wrestling in football.
Point posts were introduced the same year, which meant that, besides the goal posts of 21 feet apart, there were also point posts at either side 21 feet apart also, which left a total scoring space of 63 feet. A point was scored when the ball was driven through the point posts and a goal when driven through the goal posts: but, strange to say, a goal would wipe out all the points—that is to say a team with one goal would be declared the winners over a team with 5, 6, 8, 20 or any number of points. The side points were abolished at the 1909 Congress held in Dublin.
Kilmacow Forms Football Team
Glancing back to 1886 again, it will be of interest to recall how the famous Kilmacow football team, which made history in the two subsequent years, came into being. Football was making good headway in the parish at that time, and practice was held in many districts notably at Skeard, Tinlough, and Grannagh Knock. The first Gaelic football match in the parish was played at Hunt’s field. Greenville (now St. Joseph’s de la Salle College grounds) in 1886, between a Waterford selection and a local team, which included Nicholas Phelan, Ballykeohan: Jack Heneberry, do’ Jack and Kieran Laffan, Greenville; Micky Hanlon, Parkereid; Dick McDonald, Milltown; Peter Ryan and Johnny Cleary of Gaustown; Jim Vereker, Ballincrea; Patsy Grant (tailor) Greenville; young Wall of Ballydaw; and others. Some of the foregoing are still hale and hearty, whilst others have passed to the Great Beyond.
A big crowd witnessed the game, which was well contested and resulted in a win for Kilmacow amidst much enthusiasm. At that time the Waterford and Kilmacow players and followers were like one big family, and a grand spirit of friendliness and co-operation existed between them. It comes as no surprise, therefore, that after the match at Greenville the visiting players were entertained at Per Heneberry’s shed at Ballykeohan that evening, and a jolly time was spent with rounds of beer, bread and cheese for all. Micky Kinsella and John Moore attended as invited guests prepartory to the formation of a club for Kilmacow.
Various suggestions were put forward, and finally it was decided to call a special meeting the following night to consider the whole matter. Accordingly, about 100 players and followers assembled at the same shed the night after, and with the light of a twopenny candle the Kilmacow Club was formed, which was later destined to shed fame, honour and renown on its birthplace, its county and Ireland.
First Kilmacow Officers
All present were enthusiastic about the project and the club was formed with the following officers—Chairman, Eddie Burris, Greenville; Vice-Chairman, Joe Dunphy, a Dublin man who was then employed as gardener at Kilcronagh House, and Kieran Laffan, Greenville, as Secretary and Treasurer. It was decided to affiliate two teams; Mike Walsh, Skeard, was appointed captain of the senior team and Micky Kinsella vice-captain. It was agreed to purchase a set of green and gold jerseys, and all members agreed to contribute a levy of 1/- and a fee of 2d. a week.
Please send any corrections or further information to glenmore.history@gmail.com.
The photo of the 1888 GAA Football Rules is courtesy of the National Museum of Ireland. Further information on this historic publication can be found on the Museum’s website.
Dr. Kathleen Moore Walsh
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, Part II
In our last post we published the accounts of the arrest of Michael Walsh of Ballinclare, Glenmore for the murder of his neighbour Simon Power by poison in August 1849, his one day trial and the jury verdict of guilty on 24 July 1850. Today, we tell the rest of the story.
Sentencing
After the late jury verdict on Thursday, Baron Pennefather had the prisoner brought back to the court for sentencing on Friday. Before sentencing Walsh’s barrister, Mr. Harris, asked Pennefather what “course he intended to pursue on behalf of the prisoner, with regard to the point raised against the reading of the depositions of Power [the victim] at the trial…” Harris stated that he intended to argue the legality of admitting the depositions before the Court of Appeal.
“The Judge said he did not think there was anything in it, but he would give Mr. Harris any information in his power, if would wait upon him before he left Kilkenny. He would afford the prisoner time for having the point argued in his favour. The officer of the court then informed the prisoner in the usual form of the nature of the verdict against him, and asked him If he had anything to say why sentence of death should not be upon him. The prisoner, who exhibited no external emotion whatsoever, answered in rather husky and smothered accents—”God help me; I gave him the whiskey, but I had no harm in it. The Lord help me; I leave myself on your mercy” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Judge Addresses Convicted Murderer Michael Walsh
Baron Pennefather replied—”Michael Walsh, you had a very fair and full investigation of your case; you have been ably defended by your Counsel; the Jury have paid the most anxious attention to the evidence, and every point which could be suggested as favourable to you was put forward by your Counsel, subsequently by myself to the jury. They, having considered all the circumstances of the case have come to the full consideration that you were Guilty—that you are guilty of a foul and deliberate murder.”
Addressing his sisters and workmen who testified for him the Judge stated, “You attempted to defend yourself by evidence which the Jury did not believe, and which was palpably untrue to every person attending the trial. The Jury have come to that conclusion which consigns you to the grave, and to which they were compelled to come by the evidence, which, being believed, was irresistible to show your guilt.”
“That the unfortunate Simon Power met his death by poison—by poison of a most deadly kind—poison of a mercurial nature, called corrosive sublimate—has been demonstrated by the opinions of men whose judgment the jury could not fail to rely on, and who expressed their opinion without any doubt as to the nature of the poison, and without any consideration but the assertion of truth. The only enquiry then to be made, was as to who had committed the fatal deed” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
“The jury have come to a conclusion discrediting the story told on your part, being constrained by other evidence to believe your guilt. I feel bound to say that I cannot disapprove of that conclusion, nor can any man who duly reflects on the evidence. The Jury was almost selected by yourself. The Crown did not use its prerogative in putting by a single name, while on the contrary you exercised the power which the law undoubtedly gives you, of putting by numbers of persons. It may then be said that the jury was much more of your own selection, but they were men of understanding and conscience, and they have done their duty by returning a verdict such as they were bound to do by the obligation of their oaths. It now only remains for me to pass sentence upon you” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Murder Linked to Agrarian Violence
Baron Pennefather was just warming up and told the prisoner, “I have already had occasion this morning to observe on the fatal consequences of the agrarian outrages—they lead from one step to another, and if in the first instances property only be assailed, it comes shortly to this, that life itself is not safe from the attacks of those who desire to hold their land without paying the rent contracted for.”
“Unfortunate Simon Power went as a bailer to make a distress on you. There does not appear to have been any personal enmity between you; he was your neighbour, and you had never quarrelled—but such was the spirit entertained—such was the reckless disposition constituted—such was the wicked purpose conceived, that to strike terror into others—perhaps to defeat the distress made, you did not scruple to take away his life, because he discharged this trifling duty for your landlord, or his agent” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
“Is not this a frightful proof of the extent to which this crime has grown in this County? Is it not proof of the necessity of redressing it by the strong arm of the law, and that those who counsel this interference by attacks on property, be warned of the frightful consequences of proceeding further? You gave way to the plan you had settled in your mind, and regardless of the consequences, administered the deadly drug which produced the death of your victim under dreadful agonies” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
“Can there be any crime greater than this? and can a man who administered deadly poison in this this matter, hope or have the least expectation of receiving pardon in this world; and ought, he not turn his mind that future world to which he must shortly belong? Let me conjure you, then, to turn your mind to your God, and by repentance and contrition, endeavour to make atonement to Heaven for that crime for which your life has been forfeited to the laws of your country, and seek that mercy there, which this tribunal cannot allow” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
The placed the black cap on his head and stated, “It is now my painful duty to pronounce the awful sentence of the law, which is, that you, Michael Walsh, be hanged by the neck till you are dead, and that your body be buried within the precincts of the prison where you have been confined … and may the Lord have mercy on your soul” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
The prisoner remained unmoved throughout the sentence and communicated with his solicitor for some moments before leaving the dock. We understand that the 23rd November has been named as the day of execution, in order to give time for the appeal (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
The Appeal
According to the newspaper account the appeal was taken because Mr. Harris, the prisoner’s barrister, objected during the trial to the admission of Simon Power’s depositions because he alleged them to be irregular. “Mr. Cooke, R.M., went to the dying bailiff, Power, and, in the presence of the prisoner, took down a statement of the administration of poison mixed in whiskey, by Walshe. This statement was not made under oath; and when it was made, Walshe put a few questions to the dying man, which, with the replies, were added to the statement; and as the then stood, the dying man was sworn as to the truth of it—that is he was sworn after the statement had been taken, instead of being sworn before.”
This statement, so sworn to was read at the trial at Kilkenny, on the part of the Crown, against the prisoner. Mr. Harris, Counsel for the prisoner, objected to its admission, but Baron Pennefather allowed the document to be read, except one or two questions. He refused to give the document itself to the jury. The newspaper opined that “… the depositions, its questions or answers, or its post swearing instead of ante-swearing, had no influence except the remotest, in inducing the jury to arrive at a conviction that Walshe (sic) was guilty.”
Before sentence was passed, Mr. Harris, urged that the admission into evidence “of the informal deposition was illegal, and consequently a ground why Walshe should not be sentenced. Baron Pennefather, after some discussion, took a note of the objection on the record under which counsel might bring the question before the judges of criminal appeal.”
Murder Conviction Overturned
Three out of the five justices hearing the appeal that, “as the dying man was sworn after he made the statement instead of being sworn before, the deposition was bad; and should not have been used against prisoner; consequently, as illegal evidence had been received on the trial, the conviction should be reversed” (Kilkenny Journal & Leinster Commercial & Literary Advertiser, Wed. 20 Nov. 1850, p. 1).
On Saturday the 17th of November, just a week before Walsh’s execution date, Mr. Robins, the Governor of the County Gaol, “communicated to Michael Walshe the (to him) agreeable intelligence that he was to walk forth again a free man…Walshe, accordingly, left the prison, where, it was confidently presumed he would have been executed” (Kilkenny Journal & Leinster Commercial & Literary Advertiser, Wed. 20 Nov. 1850, p. 1).
The newspaper concluded, “And so it has been; and Walshe is now upon his farm once more! It is stated, on good authority, that since his conviction he confidently reckoned upon being set at liberty; and it is also the impression of many who have considered the circumstances of the case, that the poison was administered to the two bailiffs, one of whom suffered only temporarily, not with a view to their death; but only to lay them up for a few hours, or for a day perhaps, in order that, in their absence, some of the property distrained might be removed.”
Who Was Michael Walsh, of Ballinclare, Glenmore?
With no hint of his age it is difficult with any certainty to identify the prisoner Michael Walsh. We did locate Michael Welsh (sic) who was baptized on 25 September 1803 at Ballinclare, Glenmore, the son of John Welsh and Ellen Doherty. If this is the correct Michael Walsh he was 46 when he poisoned Simon Power. From the newspaper accounts there is no mention of a wife or children, just his two sisters. His sister Mary Power, who testified that she drank the whiskey may have been the Mary Walsh who married Robert Power of Ballinclar at Slieverue on 14 July 1837. Michael Walsh was one of the witnesses.
Another Michael Walsh (1803-1868) was baptized on 28 September 1803 at Ballinlammy, Glenmore, the son of Patrick Welsh and Catherin Shee. We were able to find that Michael, of Ballinlammy died 26 March 1868 aged 64. He was a married, farmer and Johanna Walsh (c. 1798-1870) was present at his death. This Michael (Ballinlammy) had a sister, Margaret Walsh (bapt. 5 April 1808).
Who Was The Victim, Simon Power?
The provision of his children’s names in the newspaper account of the trial aided in the tracking of Simon Power. The victim Simon Power was married to Mary Savage. When Walter Power was baptized at Glenmore on 27 February 1828 the family was residing at Ballyinguile. His sister, Catherine Power was baptized 9 October 1829 at Gaulstown, Glenmore. Another brother, Michael Power was baptized at Ballyinguile on 24 December 1826, but he was not mentioned in the newspapers and may not have survived infancy.
In 1831, Simon Power, of Ballihibuck (sic), Glenmore married Mary Walsh of Ballinclar, Glenmore on 14 February. To this union, three children were born: James Power (bapt 22 March 1834 at Ballanguile); Joney Power (bapt. 21 Dec. 1835 at Ballanguile) and John Power (bapt 10 June 1837 at Ballanguile). It is not known if this Simon Power is the victim as none of these children were named in the newspaper accounts of the trial.
1901 Census
We could find no marriage record for Michael Walsh, of Ballinclare, nor could we locate a death record. However, death records only began being kept in the 1860’s. We do not know if Michael Walsh, of Ballinclare, remained in Glenmore or left the area. Perhaps as more of Danny Dowling’s (1927-2021) notebooks are transcribed we will learn how Michael Walsh, his sisters and workmen were treated after the trial and his release. We do know that by 1901 there were no persons named Walsh in Ballinclare or Ballinlammy, Glenmore.
Please send any corrections or additional information to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
For a list of persons executed in Ireland from 1835 to 1899, see, Richard Clark.
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 Manslaughter of Catherine Fitzgerald of Glenmore, Waterford
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 21st of July 1838, Cornelius Fitzgerald was transported for 15 years for the manslaughter of his wife Catherine Fitzgerald, at Windgap, the 25th 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 4th 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 4th 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 25th 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 15th of April which suggests that Bridget Fitzgerald died on the 16th of April and did not die on the 25th 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