19th Century
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From Danny’s Files: The 1837 Killing of Michael Phelan of Rochestown, Mullinavat
In Danny Dowling’s files an article was found which was copied from the Waterford Mail (Sat. 15 June 1839, p. 2). It provides that Laurence Foley, who brutally murdered his landlord, Pat. Phelan, of Rochestown, County Kilkenny in October 1837 evaded arrest for two years. Foley was arrested in County Tipperary and identified by the mother of the deceased. According to the Ballyshannon Herald (Fri. 21 June 1839, p. 3) Foley was arrested by Chief Constable Roney and Head Constable Mason. This is an interesting pre-Famine case because no motive was revealed for the killing although the newspapers at the time drew attention to the fact that the victim was a landlord of the defendant Foley. However, it appears that the victim had a modest holding.
Unfortunately, the Waterford Mail published the wrong name of the man killed, and from the information presented it was not clear which Rochestown in Kilkenny was the home of the victim. The victim was identified as Patt Phelan, Michael Phelan and sometimes Whelan in the newspapers. Knowing that trial accounts often are the more reliable of newspaper information we located reference to the trial of Laurence Foley in the Freeman’s Journal (Wed. 24 July 1839, p. 1). Baron Foster arrived from Clonmel for the Kilkenny Assizes the previous day and opened the Kilkenny Commission in the County Court at 10 a.m. Baron Foster addressed the Grand Jury and stated that he was happy to be able to congratulate them on the state of the court calendar. There were sixteen defendants for trial. He said that it was gratifying to find that agrarian outrages had ceased in County Kilkenny. However, he regretted that of the few cases to be heard there were four homicides. The totality of the report on the Laurence Foley case in this particular newspaper was that he was indicted for the manslaughter of Michael Whelan (sic) and found guilty.
Luckily, the Kilkenny Moderator (Sat. 27 July 1839, p. 20) provided details concerning the case that arose with the slaying of Michael Phelan (sic) near Mullinavat on the 3rd of October 1837. From this article and a review of Griffith’s Valuation we were able to determine that the victim lived in Rochestown, Mullinavat rather than Rochestown, Glenmore. The article provided the names of the jurors that heard the case: Richard Lalor, John Power, Edward Hunt, Edward S. Delaney, John Brenan, Anthony Nugent, James Butler, Emmanuel Fitzpatrick, Nicholas Cahill, Robert Walshe, Daniel Lalor, and Daniel Phelan.
The first witness to give evidence was John Phelan, a brother of the victim. John Phelan testified that the defendant, Laurence Foley, struck his brother Michael two years previously at Moonvoor, near Mullinavat. He had seen the defendant at the Mullinavat fair that day, and the defendant walked part of the way home with John and his brother, the victim. The brothers stopped at Patt Browne’s house on their way home to enquire about shoes that Browne was making for the victim. Soon after they went into Browne’s house the defendant Foley came to the door with a stone in his hand. Browne saw the defendant and as Browne went to push him out of the house the defendant dropped the stone. He then “caught up” a spade. With the help of the brothers, Browne pushed the defendant out of his house. The brothers then pushed the defendant outside the yard and “desired him to go home.” They turned to go back into Browne’s house and the defendant took up a stone and threw it at the victim, Michael Phelan, who was knocked down. John Phelan turned and saw defendant at the yard wall after throwing the stone. He heard one blow. The stone hit his brother in the back of the head. John immediately collared the defendant and tripped him up. When his brother did not rise he called out “murder.” He let go of the defendant and ran to his brother, but his brother could not stand. The victim lived till the following day. He did not see anyone other than the defendant near his brother when his brother was struck.
John Phelan testified that the defendant had taken “a sup” that night, and had been in the Police barracks that evening before he struck the victim. There had been no previous quarrel and he could not say why the defendant struck his brother. After striking the victim the defendant ran away, and the defendant left the place where he had been living. John Phelan admitted that he struck the defendant when he had him collared.
To questioning by the Judge, John Phelan stated that the defendant was not very drunk that night as he was well able to walk and talk when he came to the door with the stone in his hand. John Phelan could not say whether the defendant said anything. Prior to the attack the three men walked about a quarter of a mile together. The defendant called Browne a Whitefoot. John Phelan stated that Browne was a cousin of the Phelan brothers. He admitted they were all in dread of the defendant Foley because he was a bad character. The defendant was their tenant for some ground.
Patrick Browne then testified that he was working in his shop on the evening when the Phelan brothers came in to look for a pair of shoes. They were with him a few minutes when he heard shouting on the street. The defendant came and called the boys out to fight. Browne wanted to keep the defendant out, but the defendant managed to enter his door. Browne wanted the defendant to go home. While Browne was pushing the defendant out of the door a stone dropped from his hand. The defendant then seized a spade, but they shoved him out. The defendant then said to Browne, “You have my two landlords with you—to the devil with them—I’ll have my revenge.” He heard the cry of “murder” soon after, but when he heard it a second time he ran out and saw Michael Phelan nearly dead. He did not see the defendant then or later in the neighbourhood after that occurrence, nor since until the present assizes.
Doctor A. Cuilinan proved the nature of the wound which, he said, caused the death of the deceased. The Judge shortly “recapitulated the evidence” and the Jury, in a few moments returned a verdict of Guilty of Manslaughter. Foley was sentenced to transportation for 7 years.
The Kilmainham Prison Register provides that Laurence Foley, prisoner number 2405, was sentenced to 7 years for manslaughter by Baron Foster on 20 July 1839 at Kilkenny. The New South Wales, Australia, Convict Indents, 1788-1842 reveals that Laurence Foley, of Kilkenny, arrived in Australia on 8 October 1839 aboard the Nautilus although this appears to be too quick a sailing time even if the ship left immediately following the trial. Perhaps the 8 October 1839 date reflects the date the ship sailed from Ireland? The records reveal that Foley was 30 years of age, 5 feet 6 inches tall and had hazel eyes, brown hair and a fresh complexion.
Three Rochestown townlands were located in Kilkenny. In the Griffith’s Valuation: Tithe Applotment Books there were no Phelan/Whelan in Rochestown, civil parish of Kilcolumb, Glenmore. Likewise, there were no Phelan/Whelan in Roachestown, civil parish of Rathkieran of Mooncoin (1833). Rochestown in the civil parish of Ballylarkin in 1827 had a Thomas Whelan who held 14 acres. It appears that Ballylarkin was originally in the Catholic Parish of Kilmacow but was transferred to Mullinavat Parish in the early 1840’s about the time Glenmore became a parish distinct from Slieverue.
In searching for Michael and John Phelan, utilizing the possibility that Thomas was their father, we located a John Phelan baptised on 16 June 1811 in Templeorum the son of Thomas Phelan and Catherine Crowly with an address of Kilonerry. Michael Phelan was baptized on 26 December 1807. Unfortunately, we cannot be certain that this is the correct family, and we were unable to locate a baptismal record for Laurence Foley.
Please send any additional information or corrections to glenmore.history@gmail.com.
The featured sketch above is from the New York Public Library, Digital Collection, The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Picture CollectionShelf locator: PC IMM. “London : printed and published at the Office, 198 Strand, in the Parish of St. Clement Danes, in the county of Middlesex, by William Little, 198, Strand, aforesaid. Saturday, June 19, 1852.”Source note: Illustrated London news. (London : Illustrated London News and Sketch Ltd., 1842-).
Dr. Kathleen Moore Walsh
A Glenmore Monday Mystery: A Wayside Cross?
While searching for information for a reader, we came across the following interesting short article in the Limerick Reporter in 1850 that mentions Glenmore.
“There are very few “wayside Crosses” in Tipperary, which is extraordinary, when we consider the many religious monuments it contains in the ruins of Holy Cross, Athassel, the Rock of Cashel etc. The largest crosses of this kind we have ever beheld are Kilcullen, County Kildare, and another between Glenmore and Rosspercon (sic), County Kilkenny” (Limerick Reporter, Tues. 9 July 1850, p. 2).
In Ireland there are a variety of roadside memorials or death markers. Wayside crosses were erected from the early 17th century and were often like headstones with the name of the deceased and date of death provided. Many of the county archaeological inventories document wayside crosses (Una MacConville and Regina McQuillan (2005) “Continuing the Tradition: Roadside Memorials in Ireland,” 19(1) Archaeology Ireland 26, p. 28). The wayside crosses were made of almost any durable material from metal to stone and ranged from simple crosses carved on roadside large stones to imposing Celtic crosses cut by masons. The early wayside crosses were the memorials for the affluent.
An 1865 article in the Kilkenny Moderator explains further. “It was an ancient custom to plant skeoghs, or white thorn trees, on places deemed of a sacred character, or where lives had been lost. Modernly these skeoghs are frequently known as ‘Monument Trees.’ They were to the poor of bygone times what the wayside crosses were to the rich—the memorial which invited a prayer for the soul of the person in honour of whom they had been there placed or planted” (Kilkenny Moderator, Sat. 4 Feb. 1865, p. 2).
Is anyone aware of a “wayside cross” in or around Glenmore-Rosbercon or heard where the wayside cross referenced in 1850 used to reside?
Please post your comments, ideas or memories below or send to glenmore.history@gmail.com.
Thank you for your help in solving this mystery.
The featured photo is a road in Glenmore Parish.
Dr. Kathleen Moore Walsh
From Danny’s Files: The Search for Missing Friends, Part II
Last month we highlighted six entries that Danny Dowling (1927-2021) found in 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. Today, we are going to highlight several more Glenmore related entries. The original missing person advertisements are in italics and where possible we have listed the baptismal date and parents of the missing emigrant. Readers can access Part I published 13 February 2022 by clicking on the date. Most of the missing emigrants below are from the 1850’s and appear to have fled the famine and lost contact with their family as they attempted to seek opportunities in the US on the eve of the Civil War.
(1) James Roche, native of Ballyfascie (sic), Glenmore, the following advertisement was published in the Boston Pilot on 6 March 1852 (Vol. II, p. 186)
James Roche, native of Ballyfascie, Parish of Glenmore, Co. Kilkenny, who sailed from Waterford 1st of May 1849 & landed in Quebec. When last heard from was in Peru, Clinton County, N.Y. Any information from him will thankfully received by William Gaul, North Brookfield, Worcester County, MS.
We located two possible James Roche’s from Ballyfacey. (A) James Roche (bapt. 13 July 1834) son of James Roche and Ellen Costelloe of Ballyfacy, Glenmore, and (B) James Roche (bapt. 23 Sept. 1826) son of Richard Roche and Catherine Mullins of Ballyfacey, Glenmore.
While searching for records on the above James Roche we came across some other Glenmore Roches missing in the US in the 1850’s.
(2) Martin Roach, of Ballyfacey, Glenmore, advertisment in the Boston Pilot was published 8 Feb. 1851 (vol. II, p. 16).
Martin Roach, of Ballyfacey, Glenmore, Co. Kilkenny who sailed for Quebec in June, 1849, and not heard from since. Any information of him will be thankfully received by his brother, James Roach, care of James Coughlan, South Groton, Ms.
Although we could not locate anything on Martin Roach in the US we did find a James Roach (aged 25) in the 1855 Massachusetts State Census, for Newton, Middlesex, Mass. This James Roach was living with the Lord family who were merchants.
(3) James & Martin Roach, of Ballyfacey, Glenmore, advertisment published in the Boston Pilot on 11 Oct. 1851 (Vol. II, p. 126)
James & Martin Roach, from parish Glenmore, Co. Kilkenny. The first left Ireland 1st May, 1849, in the Lavina for Quebec; the other left 29th June 1849, in the Alert, for Quebec. Any information respecting them will be thankfully received by their brother Patrick Roach, Peoria, Ill.
We did not locate a Martin Roche from Ballyfacey, but we did locate one from Ballyhobuck (bapt. 10 April 1829). This Martin Roche was the son of John Roche and his wife, Catherine Corcoran.
In the 1870 Census for Peoria, Illinois we found a Patrick Roach (aged 33) employed as a miner and married to Johana (aged 31). The couple have a 3 year old daughter Anna. In the 1880 Peoria Census, Patrick is working as a labourer, provides his age as 45 and Johana’s age is also recorded as 45. Their daughter’s name is recorded as Anna Stacey (aged 13), but it is more likely Annastatia.
(4) Martin Malone, native of Glenmore, this advertisment was published in the Boston Pilot on 4 Dec. 1858 (Vol. IV, p. 319)
Martin Malone, a native of Glenmore, Co. Kilkenny, when last heard from was in Albany, New York, 8 years ago. His wife Ellen (maiden name Morrissey) is anxious to hear from him, care of M.O. Grady, Canandaigua, New York.
An Irish wedding record was found for Martin Malone and Ellen Morrissey. The couple were married on 6 November 1847 in Rosbercon. Martin Malone’s address at the time of the wedding was listed as Kilbrahan. A daughter, Ellen Malone was baptized on 30 March 1849 at Rosbercon. According to the advertisment Martin emigrated in 1850 and his wife appears to have followed in 1858.
(5) Margaret Murphy (bapt. 1834) of Ballinlammy, Glenmore, the advertisement below was published in the Boston Pilot on 1 Aug. 1855 (Vol. V, p. 218)
Margaret Murphy, of Ballinlammy, Parish of Glenmore, Co. Kilkenny, who sailed from Ireland in 1855, and landed in Quebec, Canada. Any information respecting her will be thankfully received by writing to her brother Nicholas Murphy, Waverly, Morgan County, Illinois.
Danny Dowling’s mother was a Murphy from Ballinlammy. Nicholas and Margaret Murphy were his mother’s aunt and uncle. Per the Glenmore church records Margaret Murphy was bapt. 13 July 1834. For further information on Nicholas Murphy (1836-1917) see our page “Finding Glenmore Needles in US Haystacks” by clicking here.
(6) Thomas Powers of Glenmore, this advertisment appeared in the Boston Pilot on 13 January 1855 (Vol. III, p. 241)
Thomas Powers, of parish Glenmore, Co. Kilkenny, who came to this country 3 ½ yrs ago, and when last heard from was in Ohio. Information will be received by his sisters Bridget and Mary, care of Aaron D. Williams, Roxburs (sic), Mass.
There were four Thomas Powers baptized in Glenmore from 1826 to 1834. (A) Thomas Power of Knockbrack, Glenmore bapt. 14 April 1826, son of Maurice Power and Mary Henneberry. (B) Thomas Power, of Glenmore bapt. 3 Dec. 1832 son of Richard Power and Mary Moore. (C) Thomas Power, of Ballanguile (Gaulstown), Glenmore, bapt. 12 Oct. 1834, son of Edmund Power and Joney Aylward. (d) Thomas Power, of Ballanguile (Gaulstown), Glenmore, Bapt. 1 Aug. 1834, son of James Power and Ellen Shea
However, the only Thomas Power who had sisters named Mary and Bridget was the son of Edmund Power and Joney Power née Aylward. Mary Power (bapt. 23 Oct. 1838) and Bridget Power (bapt. 3 Nov. 1836).
Census records revealed that Aaron D. Williams was an industrialist in Roxbury, Mass. It is likely that either Mary or Bridget were working for him in 1855 when the advertisment was placed in the paper.
(7) Margaret Norris, James & Patrick Hartley, of Glenmore, the following advertisment was published on 23 January 1869 in the Boston Pilot (Vol. 6, 1866-1870, p. 430)
Margaret Norris, a native of the parish of Meelinharaga,(sic) Co. Kilkenny, Ireland; when last heard from, in 1861, was in New Orleans, La. Also of James Hartley and Patrick Hartley, of the parish of Glenmore, county Kilkenny. Any information will be gratefully received by their cousin, Alice McSweeny (maiden name Alice Norris), daughter of Michael Norris and Mary Hartley. Direct to William Moore, Cape Girardeau, Mo.
Margaret Norris (bapt. 28 May 1835) at Gurteen was the daughter of Michael Norris and Mary Hartly. Her parents were married in Glenmore on 5 Jan. 1822. Her mother, Mary Hartly, was from Weatherstown, Glenmore. James Hartley and another Mary Hartly were witnesses at the wedding.
While looking for information on the above we found the following:
(8) James, John and Margaret Norris, of Gilcugh (sic), this advertisment was published 12 January 1861 in the Boston Pilot (Vol. 2, p. 4)
James, John and Margaret Norris, children of Michael and Mary Norris, of Gilcugh (co. Kilkenny), supposed to be in New Orleans. Information of them or either of them, will be thankfully received by their sister, Alice Norris. Direct to Bryan McSweeny, Cape Girardeau, Missouri.
We located Alice McSweeney née Norris (b. 1835) in the 1860 US Census. She was married to Bryan McSweeney (aged 35) and the couple had two daughters Mary (aged 5) and Ellen (aged 3). The family was living in Cape Girardeau, Missouri. Both Bryan and Alice were born in Ireland. Alice could not read or write and Bryan was working as a labourer. The 1870 Census provides that Alice was still living in Cape Girardeau and gave her age as 34. With her daughter Ella (age 13) who cannot read or write; John (aged 4) and Alice (aged 1). Apparently, Bryan died before the 1870 census and Alice McSweeney married John Dade on 20 January 1873 at Cape Girardeau, Missouri.
Cape Girardeau is on the Mississippi River about 100 miles south of St. Louis. During the Civil War Missouri was a Confederate State and directly across the river Illinois was a Union State. In 1863 a small battle took place at Cape Girardeau. Alice McSweeney née Norris was living in Cape Girardeau before, during and after the Civil War.
(9) Patrick Doyle, native of Glenmore, the following advertisement was published in the Boston Pilot on 7 January 1865 (Vol. V., p. 436)
Patrick Doyle, native of Glenmore, county Kilkenny, who left Ireland for America about two years ago. His friend in America has neither seen or heard from him since his arrival, save a rumor that he was seen in the city of Newport about ten days ago. Any information respecting him will be thankfully received by his sister, Mrs. Mary Powers (maiden name Doyle). Direct to her No. 13 Lincoln street, Boston, Mass.
We found a Patrick Doyle (bapt. 30 Jan. 1836) the son of Thomas Doyle and Bridget Brian of Ballyveria, Glenmore. The couple had a daughter Mary Doyle (bapt. 17 Sept. 1840) and the address given at the time of her birth was Darbystown, Rosbercon.
Please send any corrections or additional information to glenmore.history@gmail.com.
The featured drawing is courtesy of The 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 .
The photo of the riverboat “Glenmore” (c, 1904) was taken on the Ohio River at Tell, Indiana. (The original photo is in the Public Library of Cincinnati & Hamilton County, Ohio).
Dr. Kathleen Moore Walsh
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
Glenmore Police Blotter: A St. Stephen’s Night Stabbing in 1864
Glenmore was propelled into the national news in early January 1865 when it was reported that two brothers named Maher, from Glenmore, stabbed and seriously injured Edmond Cody of Ballyverneen, Glenmore. The coverage of the arrest of the defendants provides an interesting glimpse into how the Royal Irish Constabulary (R.I.C.) communicated to make arrests in the days before radio and telephone and also how criminal trials were conducted. The various newspapers and the Rosbercon Petty Session records sometimes referred to Edmond as Edward and the name Cody is sometimes spelled Coady. Edmond Cody was the son of Denis Cody and Mary Cody née Dunphy of Ballyverneen, Glenmore and baptized on 22 March 1840. At the conclusion of the coverage of the trial trial we have recorded the family information discovered regarding the victim, a witness and the defendants.
The Assault
Edmond Cody lived within three and a half miles of Ross. He was in New Ross on the 26th of December and was coming home that evening accompanied by several “boys” including his older brother Richard Cody (bapt. 3 May 1835). They delayed some time at Doyle’s house on the road. One newspaper described that some of the group went into the public house to light their pipes. While James and Edmond Cody were waiting outside the Maher brothers came up to the waiting group and sought two people to fight with them. Edmond Cody saw the Maher brothers earlier in the day in Ross, but did not have any words with them. However, when the challenge to fight was not agreed an argument began and Edmond Cody and James Maher began to “wrangle” and wrestle. Edmond Cody was then stabbed twice by a knife.
The Tipperary Free Press published a rather flippant report of the stabbing. It reported that Edmond Cody, of Ballyverneen, was coming from Ross when he was overtaken by an acquaintance named William Maher who wanted to fight. “Cody would not accede to the ‘modest’ request, and Maher stabbed him with a knife in the arm and thigh. Maher has since absconded, and, we understand, Cody is in a rather precarious state.” (Tues. 3 Jan. 1865, p. 3).
The Arrests
On Wednesday the fourth of January at 11 a.m. Sub-Constable, E.J. Brennan, was on detective duty and observed two men walking along the Quay in Wexford. Their appearance struck the constable as suspiciously similar to two men “gibbeted in the Hue-and-Cry.” He continued to observe the men and he noticed that one of them “wanted some of his front teeth”—a circumstance specifically mentioned in the police sheet. The two men, brothers James and William Maher were taken into custody and charged with having “on the 26th December last, at Shanbough (sic) county Kilkenny, assaulted Edmond Coady (sic), of Ballyverneen, by stabbing him with a knife in his arm and thigh, whereby his life is in danger.” The brothers were taken before James C. Moore, Esq., Resident Magistrate, on the same day they were arrested. The deposition of Sub-Constable Brennan was taken and the brothers were ordered to be transported to Rosbercon, to be “brought up” at the next petty sessions. It was reported that the brothers were natives of Glenmore, and James Maher was 23 and William Maher 19 years of age. Unfortunately the townland where the Maher brothers resided was never provided in any newspaper or court record. “It is understood that their intention was to procure a passage for, and proceed to, Liverpool,” from Wexford port (The Wexford Constitution, Sat. 7 Jan. 1865, p. 2).
The Wexford People (Sat. 14 Jan. 1865, p. 5) also covered the arrest of the Maher brothers and noted that Sub-Constable Brennan in several other cases has “given equal proof of ability.” Prior to serving in Wexford, Sub-Constable E.J. Brennan served in Waterford City (Waterford News, Fri. 20 Jan. 1865, p. 4).
The Hue-and-Cry or Police Gazette was the official newspaper of the R.I.C. published in Dublin every Tuesday and Friday and distributed to all R.I.C. stations on the island. It contained reports of crimes and descriptions of persons wanted for crimes. For further information on Hue-and-Cry see, Woodward, “The Police Gazette or Hue-and-Cry Ireland.” The term “hue and cry” heralds back to the early common law when every able bodied man in the hundred (district) was required to give chase and to capture fleeing felons after this alarm was raised.
The Trial
The Maher brothers were sent from Wexford Town where they were arrested on the 4th of January to stand trial at the petty sessions of Rosbercon. On the 14th of January they were brought before the 3 petty session magistrates James C. Murphy, M. Sweetman and Peter Strange. James and William Maher were charged, “that they did at Chilcomb and Shanbough (sic) in the Co. of Kilkenny on the night of the 26th of December 1864 way-lay and assault the complainants—Richard Coady (sic) and Edward Coady, Glenmore or Ballyverneen.” The case was adjourned until the next court date because Edward Cody was unable to attend due to his injuries. (Rosbercon Petty Session Records).
The Magistrate, Peter Strange (c.1802-1872) lived in Aylwardstown House, Glenmore and is buried in Kilivory graveyard. Chilcomb is a reference to Chilcomb House the birthplace of the writer Victor O’Donovan Power (1860-1933) and in 1870 the home of the Boyd family. For a previous post concerning Victor O’Donovan Power (1860-1933) and for a previous post regarding the Boyd family see “The Legend of Biddy Neddy née Cody (1831-1916).”
On 11 February 1865 the stabbing case was again before the Rosbercon Petty Session Court. The names of witnesses included: Richard Coady (sic); Edward Cody, George Rabbit; James Dunphy and Peter Mullens. After hearing the evidence presented by the witnesses the case was sent to Kilkenny City for trial at the next setting of the Assizes. In other words, the magistrates considered the case too serious to be dealt with at the petty sessions.
Most of the information below concerning the trial of the Maher brothers was found in The Kilkenny Moderator (Wed. 8 March 1865, p. 3). Additional information gleaned from other newspapers is inserted with references.
The Kilkenny Spring Assizes for 1865 for criminal cases commenced on Tuesday the 7th of March 1865. The Judges, the Honourable Baron Hughes and the Right Honourable Mr. Justice Fitzgerald arrived in Kilkenny City early on the 7th. At 10 a.m. the Right Honourable Mr. Justice Fitzgerald presided over the City Crown Court and the Honourable Baron Hughes presided over the County Crown Court. Baron Hughes addressed the Grand Jury stating, “I have received from the County Inspector a return of offences committed; and with two exceptions, they present a favourable condition of your county generally. These two exceptions, however, require some observations. In respect to the number of stabbing cases—that is, cases of serious assault, in which the knife has been used, in four cases by one of the parties—in the fifth by two of the parties…That crime is, as far as this circuit is concerned, peculiar to this particular county. It is very much to be regretted that such a course of crime should be thus introduced into this county…and it is a crime …that every judge on the bench [shall] put an end to by inflicting the strongest punishment the law allows in such cases.” He discharged the Grand Jury and proceeded with the criminal trials. The following 12 man or petit jury was sworn: John Murphy, Edward Hunt, John Doyle, Patrick O’Donovan, John Lawlor, William Edge, Jeremiah Nowlan, Matthew Hogan, Richard Blanchfield, Denis Kavanagh, William Nicholson and Edward J. Maher.
The first case heard concerned the stealing of hay. Although the judge informed the jury of the difficulty in identifying hay the jury convicted the defendant of the theft and he was sentenced to six months imprisonment with hard labour. James Maher and William Maher were tried by the same jury for inflicting grievous bodily harm on Edward Cody on the 26th of December last and they were also indicted for common assault. Both defendants pleaded not guilty and they were not represented. Edward Cody testified that on St. Stephen’s Day he was in Ross and left after six o’clock to go home with six other “boys.” About a mile and a half from Ross he was delayed because some of his companions had gone into a house. The Irish Times (Wed. 8 March 1865, p. 4) wrote that the Cody group stopped at the house of Mrs. Doyle to light their pipes. The Maher brothers came up to the waiting group on the road and began to argue and wrangle with the party. Cody and his friends walked on and the wrangling commenced again and Cody was stabbed on the thigh and left arm. He could not say which of the brothers stabbed him. He reported that he did not see either brother with anything in their hands. Cody made it home and was confined to bed from the stabbing. He admitted that he had “drank a good deal,” but denied having had any dispute with the brothers earlier in the day in Ross.
Richard Cody testified that he was present when his brother was stabbed. When the Maher brothers came up on the road they whistled for some one on the road, threw off their coats and offered to fight any two of the group. He saw William Maher stab his brother. Before the stabbing he heard James Maher ask William Maher to give him his knife. William Maher replied that it was in better hands. Upon seeing his brother stabbed Richard Cody called out that he would have one of their lives and ran to the ditch to get two stones. The Maher brothers then fled. George Rabbit, another of the group waiting outside on the road testified and corroborated the evidence of Richard Cody.
Dr. Mullin testified that he visited Edward Cody on the morning of the 27th February (sic). He found the wound was a very serious one and that Cody was suffering from loss of blood such that his life was in danger. It was evident that the wounds were inflicted by a knife. The Irish Times (Wed. 8 March 1865, p. 4) published that the two severe stab wounds consisted of one “near the groin which exposed the principal blood vessel and the other was in the arm.” The Kilkenny Journal noted that Dr. Mullens, of New Ross, attended Edmond Cody for 14 days (Wed. 8 March 1865, p. 2).
Sub-Constable James Brennan deposed that he arrested the prisoners on Green St. in the town of Wexford on the 4th of January.
Some evidence was given for the defence, but at the time of this trial defendants were not considered competent witnesses and could not testify in their own defence. The Kilkenny Moderator provided little coverage of the defence and stated that the jury without hesitation found the prisoners guilty. Baron Hughes in passing sentence referred to the enormity of the offence, and stated his intention in all such cases to impose the severest penalty. The sentence he imposed of 2 years’ imprisonment with hard labour he considered more severe than penal servitude.
The Kilkenny Journal (Wed. 8 March 1865, p. 2) provided much more information regarding two defence witnesses and statements made by the judge. Thomas Neill testified that while the Mahers were in a house in Rosbercon the Cody’s went into the house and beat the Maher brothers at about 6:30 before the stabbing. The Mahers remained in the house for a considerable time to let the Cody group go home because the Mahers thought they would be beat up.
John Phelan then testified that he saw Edmond Cody strike the Maher’s in a house in Rosbercon. This occurred before the fight on the road where Cody was stabbed. He accompanied the Maher’s part of the way home, but when he saw the Cody’s lying in wait in a ditch to attack them he returned to his own home fearful that they might strike him.
When Baron Hughes summed up, he informed the jury that the man who called for the knife was just as guilty of stabbing as the other who had actually used the weapon. He stated that unless the jury believed that the defendants used the knife in self-defence, the jury should find the defendants guilty. Evidence of the good character of the defendants was then given by two constables. The defendants were described as “well conducted lads, especially William, but James Maher was a little quarrelsome.” After the jury found the defendants guilty the judge said that in sentencing the defendants he was determined to put an end to the use of the knife. If the sentence of two years’ imprisonment with hard labour did not end stabbing and cutting he did not know what would.
Glenmore Families
The Victim Edmond/Edward Cody
As highlighted above Richard and Edmond/Edward Cody were the sons of Denis Cody and Mary Cody née Dunphy (b. 1798). Denis Cody and Mary Duphy (sic) were married at Ballyverneen on 31 January 1826 per the Slieverue parish records. The records also provide that Mary Cody née Dunphy was baptized on 6 December 1798 to Michal Dunfy (sic) and Catherine Murphy. It is believed that her husband, Denis Cody, was the son of Patrick Cody and Alice Cody née Phelan of Milltown and was baptized on 12 September 1792. Griffith’s Valuation (1830) shows that Patrick Cody was a tenant farmer in Milltown, Glenmore.
Denis Cody and Mary Cody née Dunphy had the following known children: [1] Bridget Cody (bapt. 22 Oct. 1828); [2] Mary Cody (bapt. 9 July 1831); [3] Richard Cody (bapt. 11 Feb. 1833); [4] Richard Cody (bapt. 3 May 1835); [5] Ellen Cody (bapt. 19 Dec. 1837); and [6] Edmond Cody (bapt. 22 Mar. 1840). Griffith’s Valuation (1830) of Ballyverneen, Glenmore provides that Denis Cody was a tenant and Richard Dunphy was his landlord.
The Witness George Rabbit
The witness for Edmond Cody named George Rabbit (b. 1839) had an unusual name and was easy to locate. Nicky “the Miller” Forristal in an interview recorded by Danny Dowling on 22 June 1957 listed George Rabbit as a former resident of Ballyverneen (DD Notebook 5). George Rabbit was the son of William Rabbit and Mary Rabbit née Dunphy. William Rabbit and Mary Dunphy were married at Ballyverneen, Glenmore on 20 October 1836. The following children were located for this union: [1] Elizabeth Rabbit (bapt. 16 July 1837) at Ballyverneen; [2] George Rabbit (bapt. 12 May 1839) at Inistiogue, Co. Kilkenny; [3] Stephen Rabbit (bapt 26 Dec. 1941) at Busherstown, Glenmore; [4] Elizabeth Rabbit (bapt 15 Oct. 1843) at Ballyverneen; [5] Mary Rabbit (bapt. 24 May 1846) at Ballyverneen.
The Maher Brothers
The Maher brothers are more problematic. According to the ages provided in the 1865 newspapers James Maher was 23 years of age and would have been born about 1842. His brother, William Maher was reported as being 19 years of age and would have been born about 1846. No birth records could be located for these men in 1842 or 1846. A James Maher was baptized on 5 March 1836 the son of Michael Maher and Johanna Maher née Walsh of Ballinvarra (sic) which is in Slieverue but close to the Glenmore parish border. No record for William could be located.
Please send in corrections or additional information to glenmore.history@gmai.com. It is hoped that one or more readers may be able to provide additional information concerning the event or the people involved.
Dr. Kathleen Moore Walsh
The Killing of James Freany at Christmastime 1884
On the 15th of December 1884, a farmer named James Freany, was returning home from Waterford when he was attacked a half a mile from the Newrath police station and died at the Waterford Workhouse Hospital from the injuries he sustained in the attack. According to the newspaper accounts of the murder trial James Freany was about 50 years of age, living at Fahy, Mullinavat and left a widow and four children. His killer was a young farm labourer named James Walsh. James Freney’s death certificate records his death as the 27th of December at the workhouse. His death cert gives his address as Bigwood, he was married, 37 years of age, a farmer and died of inflammation of the brain caused by “strike of whip inflicted by James Walsh at Newrath.” The death cert was received from Edmond Power, Coroner from Waterford after an inquest held on the 28th of December 1884.
The Attack
According to the testimony of James Freany’s employee, Michael Bolger, and Freany’s neighbor, Mrs. Margaret Doyle, the three went to Grannagh on the morning of the 15th of December to sell poultry. They were not paid at Grannagh and had to travel into Waterford City to collect their money. They were heading home in a horse drawn cart at 12:30 in the afternoon when they passed Phelan’s coal yard, at Newrath, where Bolger and Doyle saw the defendant James Walsh. Although Bolger denied that anything was said to the defendant, James Walsh, Mrs. Doyle stated that both Bolger and Freany shouted, but she couldn’t make out what was said (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3).
About a quarter to half a mile further up the road the defendant James Walsh jumped over the road side ditch and ran behind the horse drawn cart with a stone in one hand and a hunting whip in the other. Mrs. Doyle upon seeing the defendant rushing toward the cart said to the defendant, “If you leave a hand on these men I’ll prosecute you.” Walsh threw a stone and hit Freany just above his left eyebrow. Freany staggered, fell to the ground, and the defendant, James Walsh, struck him twice in the head with the handle end of the hunting whip. Bolger jumped down, went to Freany and called for Margaret Doyle to run for the police. She refused and said that she would stay with the badly injured Freany. As Bolger set off running for Newrath the defendant threw stones at him (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3).
The Newrath constables were soon on the scene and placed James Freany on a car and escorted him to the Workhouse Hospital in Waterford. When James Freany arrived at the Workplace Hospital he was examined by a number of doctors because of his precarious condition. They found the skull completely fractured, and brain and blood protruding from the wound. “No hope of recovery was entertained” (Munster Express, Sat. 20 Dec. 1884, p. 4). In the meantime, Constable Reynolds at the scene of the attack began to give pursuit and saw a man and woman some distance off. The man went into a field and Reynold’s overtook Miss Mary Duggan, James Walsh’s employer. Miss Duggan, resided at Farnogue, Mullinavat. Reynold’s took possession of the hunting whip that James Walsh had given to Miss Duggan after the attack (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3).
Attempted to Avoid Arrest
Reynolds and another constable continued to pursue James Walsh, they traced him to Bishop’s Hall and from there to Tory Hill, where he took to the fox covers, and they lost him. Sergeant Twiss, of Newrath, and one of his men disguised themselves, and proceeded to Farnogue to the [Denis] Duggan house. When they knocked at the door they were mistaken for tramps and told that they could not get any relief. They insisted on entering, and when the Sergeant “made known his business” he was told Walsh had not been there that day, and he was not expected that night. The Sergeant insisted on Duggan accompanying him to the Delahunty public house. Twiss told Duggan that he thought Walsh might be there and he needed Duggan to identify Walsh. Duggan accompanied the sergeant, and they reached Delahunty’s where they had a drink; but Walsh was not there. When Duggan got into an argument with others Sergeant Twiss slipped out and went back to Duggan’s house. When he entered through the kitchen door he found Walsh sitting at the fire. Walsh had just arrived. Walsh was handcuffed, arrested and at 10 o’clock lodged in the Newrath lockup (Munster Express, Sat. 20 Dec. 1884, p. 4).
The Trial
The Munster Express published that an Inquest was held into James Freany’s death on the 19th (sic) of December. The newspaper reported that the inquest jury were of the opinion that James Walsh received great provocation (Munster Express, Sat. 3 Jan. 1885, p. 4). In addition to the statements made by Michael Bolger and Mrs. Margaret Doyle other statements were reported in the newspaper from an inquiry held by Resident Magistrate Welch shortly after Walsh’s arrest. William O’Neill, a lad, deposed that after Freany passed Manning’s public house at Newrath, he saw Walsh get in over the wall and run along inside it up the road. The alleged provocation was based on the statements made by Miss Mary Duggan the defendant’s employer. She deposed that she saw “Walsh at Phelan’s store at Newrath, when Freany, Bolger, and the woman Doyle, passed in a cart; heard them shout, as they passed, the words perjurer and land-grabber” which were directed toward James Walsh ((Munster Express, Sat. 20 Dec. 1884, p. 4). It is not clear how James Walsh could be labelled a land grabber as he had no interest in any land.
In March 1885, James Walsh stood trial in what the press dubbed the Newrath Murder Case. Walsh pled not guilty to the charge of murder. He was defended by a Barrister named Lover who was instructed by Solicitor T.F. Strange (1812-1897) (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3). [Thomas F. Strange’s family owned the Aylwardstown House and Estate in Glenmore for a couple generations. Thomas F. Strange is buried in Killivory Graveyard, Glenmore.]
The first witness called at the murder trial was County Surveyor, W. L’Estrange Duffin, who produced a map showing the distance from Phelan’s coal yard to where Freany was attacked. It was 414 yards. The Crown also called Michael Bolger and Mrs. Margaret Doyle. They gave evidence consistent with previous statements. Barrister Lover with apparently little to work with attempted to show that the victim Freany was of bad character. Mr. Lover asked Michael Bolger if the deceased was a sober man…the witness replied that he was not. The witness was asked if there was ill feeling between the Freany’s and the Duggan’s (the defendant’s employer and cousin). Mr. Lover asked if the bad blood between the families was in consequence of the Duggan’s having got Freany’s brother bound over to the peace for calling them landgrabbers and other names. The witness denied that the deceased called the defendant an informer and perjurer that day and said he did not know about any bad blood. In cross examining Mrs. Margaret Doyle, Barrister Lover asked if she saw Miss Duggan that day. The witness said that she saw Miss Duggan when Freany was on the ground. He then asked what Miss Duggan said and the witness replied that Miss Duggan said, “he was long looking for that.” Mr. Lover objected to the answer and the judge overruled the objection and responded, “You opened it yourself, but it should not have been asked.” This was apparently the end of the first day of the Newrath murder trial and the Waterford Mirror concluded that the jury convicted James Walsh of the manslaughter of James Freany (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3.)
However, further information concerning the trial was found in The Clonmel Chronicle (Wed. 18 March 1885, p. 4). An independent witness, Michael Whelan testified for the Crown. He testified that he was working on the road and stated that he saw the attack. He helped place the deceased in a sitting position against the ditch until Constable Reynolds arrived, and Reynolds placed a handkerchief around the head of the deceased. He said that Bolger was shouting and cursing trying to leave the cart when Walsh ran up, and Freany tried to keep Bolger on the cart. Freaney never said a word to Walsh and never “got in holts with him when he [Walsh] got up to the cart.”
William Neill a boy living at Newrath, testified that he saw the defendant pass over a field on the day of the attack and run along a hedge skirting the main road. He did not see Miss Duggan, Mrs. Walsh or her daughter with James Walsh. Another boy named White gave similar evidence.
Dr. Connolly testified that the deceased had a depressed fracture of the skull. He found a contusion over the deceased left eye that this not cause his death. The wound causing his death could have been caused by the pointed end of a whip handle such as the one in court.
The defendant’s defence rested on his employer cousin, his mother and sister. Miss Mary Duggan testified that James Walsh, his mother and sister went with her into Waterford. They were outside of Phelan’s coal yard when Freaney and Bolger drove past and called Walsh an “informer, perjurer, and landgrabber.” At no time prior to the trial had she alleged that the alleged name calling included “informer.” She testified that the others took a shortcut, but she followed the road. Later the defendant gave her a whip which she gave to the police. Walsh did not return home with her, but came there the same night and was arrested at ten o’clock. She stated that the defendant was a third cousin of hers.
Margaret Walsh, the mother of the defendant, gave an extraordinary account alleging that her son was acting in self-defence when he killed Freany. She stated that he was with her and his sister and Freany and Bolger stopped and waited to attack her son. She testified that Freany grabbed her son by the throat and said “now is our time, there is nobody near him.” Her testimony is contrary to the testimony of all the other witnesses at the scene including the independent witnesses.
The jury was out for a few minutes and returned with a verdict of manslaughter. The judge before sentencing noted that he was glad that the jury took the merciful view of the case, but “in point of law if a verdict of murder had been returned there was ample grounds on the evidence” for a murder verdict. He took into consideration the good character the defendant had prior to the killing and sentenced James Walsh to five years penal servitude. If James Walsh had been convicted of the murder of James Freany he would have hanged. It is difficult to believe that there were no independent witnesses to the alleged name calling, allegedly giving rise to the killing, given that it was at mid-day outside a busy business.
The Victim
Given the contradictions in the records and newspaper accounts James Freany was either 37 or “about 50.” The names of his wife and children were not provided, however, we did find a James Freany and Alice Freany née Ryan having children at Fahee, Mullinavat in the 1880’s. Three children were located: James Freany (bapt. 15 Feb. 1882); Margaret Freany (bapt. 18 April 1883) and Michael Freany (b. 16 Nov. 1884). A marriage record was located for James Freeney (sic) of Bawleloge, Mullinvat and Alice Ryan, of Ballykillaboy, on 10 Feb. 1880 at Kilmacow. The father of the groom is listed as James Freeney (sic) and the father of the bride was Michael Ryan. The only James Freany, who was the son of James Freany, born in Kilkenny was baptized at Glenmore on 31 January 1830. He was the son of James Freny (sic) and Margaret Power, of Ballyvolera, (Mourlerstown) Glenmore. If this is the correct James Freany he would have been 54 when he was killed.
Update 13 Dec. 2021–Patty Brown located the fourth child of the family, Mary Freaney (sic) (b. 1 Dec. 1880). Patty also identified another potential James Freany (b. 1841) that is currently being reviewed. Special thanks to Patty for her help.
The featured drawing above appeared on the front page of the Weekly Irish Times on Saturday the 20th of December 1884.
If anyone has any corrections or additional information please send it to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh