19th Century
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Death Comes in Three: 1868 Inquests
In our previous blog of 29 August 2021 we highlighted three Glenmore inquests that took place in 1866. Today, we are going to feature three inquests that were held in 1868 involving the deaths of three men under entirely different circumstances. One died from pneumonia, another from asphyxia, and the third drowned in a well.
John Forrestal (c. 1813-1868) of Carrickcloney, Glenmore
On 18 November 1868 an inquest was held at Carrickcloney on the body of John Forrestal, aged 55. It was reported that the deceased was formerly a farmer who retired from the management of the farm in favour of his younger brother, Thomas Forrestal. Evidence was produced that the deceased had complained of having a pain since the previous week. “No doctor attended him as he said he did not want one. He had had tea and whey, but no medicine. His sister-in-law, Mrs. Thomas Forristal, deposed that she had used some of both the tea and the whey herself, and had not received any bad consequence from it. He took to his bed, in the barn, in which he remained till his death, which took place on Sunday morning. It was given in evidence that the deceased and family lived on good terms. Neither clergyman nor Doctor had seen the man, and he was discovered dead in bed about 10 o’clock, on Monday. A man slept in the barn, and had not been aware of his death.”
Dr. Cane examined the body and testified that the deceased’s death was caused by pneumonia, and that the valves of the heart were also diseased. Dr. Cane went on to explain that “pneumonia is a disease of the lungs, and the death took place from natural causes…there was nothing to indicate poison.” The jury accordingly found a verdict of ” Death from natural causes” (Kilkenny Moderator, Sat. 21 November 1868, p. 3).
For further information concerning the dispensary doctor, James Butler Norris Cane (c. 1840-1906), who was the doctor covering Mullinavat and Glenmore for decades, see our previous blog of 29 April 2020.
Patrick Darmody of Smithstown
On 31 October 1868 the body of Patrick Darmody, a schoolteacher, from Smithstown, was found by a farmer named Walsh dying in a field at Ballynooney half way between Mullinavat and Glanmore (sic). Earlier in the week the deceased had stopped at the farmer’s house. At said time the deceased stated that he was suffering from a sore throat, and had great difficulty in swallowing. He obtained some medicines from a “quack doctor” named Doolan, at Mullinavat. The medicine comprised an internal wash for the throat, and a bottle for external application. Both of the bottles were properly labelled, and the external medicine had a caution on the bottle that it was poison. “The chief object of the inquiry was to ascertain if the man had received injury from the use of either of these prescriptions, or if he could have accidentally used internally that intended for external application. It appeared, however, from testimony adduced, that the deceased had been most careful and cautious in the use of the bottles.”
Dr. James Cane, Mullinavat, examined the body as well as the bottles and testified that the death was due to asphyxia. The deceased had a large abscess on his right parotid gland that pressed on his trachea. He observed that there was no injury on the body caused by the medicines applied or otherwise. On this evidence the jury—of which Mr. William Costello, of Mullinavat was Foreman — arrived at a verdict ‘Death from natural causes’” (Kilkenny Moderator, Wed., 4 Nov. 1868, p. 3).
John Walsh (c. 1833-1868) of Forristalstown, Glenmore
An inquest was held on 12 September 1868 at Forristaltown, near Glanmore (sic) on the body of John Walsh, a farmer’s son, who had been discovered dead in a well adjoining the farm yard, on the previous morning. The coroner’s jury heard that the deceased was going to take a cow to the fair of Ross early the morning in question. When the family got up at the usual time, about six o’clock, the cow was discovered in the field, although John Walsh was not in his room. A search was then made for the deceased, whose body was discovered at the bottom of a well 30 feet deep, head downwards, and even the feet nearly covered with water. “It appeared his sister, Ellen, discovered his coat in his room, and knowing that it had been his habit to go to the well in the morning to raise a bucket of water to wash his person, she went there, and, looking down, saw his feet above the surface. She promptly let herself down by a rope, and shortly, assisted by her cousin, named Edward Doherty, got up the body. The windlass over the well was found out of order, the iron handle, at one end, being out of its place; and it was conjectured that the deceased had lost his balance in consequence of the sudden disarrangement of the machinery and fallen into the well, head foremost. The skull was injured, and it was conjectured it came into contact with the bucket in the fall. The deceased was 35 years old and unmarried.”
Dr. Mullin, of Ross, was summoned by the constable to determine if the injury to the deceased’s head had been inflicted maliciously before death. After examining the deceased’s body Dr. Mullin concluded the head injury was accidental. The jury arrived at a finding that the deceased came to his death by having accidentally fallen into the well (Kilkenny Moderator, Wed. 16 Sept. 1868, p. 3).
Thus, the juries in all three of the 1868 inquests above found that the deaths were accidental although it is understandable, under the circumstances, how each of the deaths needed to be investigated. Each of the inquests gives fascinating insight into the ordinary lives of local people from the man who would not see a doctor, a teacher who relied on a “quack doctor,” to a tragic accident on a fair day and his extraordinary sister finding and retrieving the corpse by climbing down into the well.
The drawing of the well above is older than the wells of the 1860’s and it does not have a windlass. Robert, Hubert (1733-1808). Woman drawing water from a stone well. 1763 – 1764. Retrieved from the Digital Public Library of America, http://digitalcollections.nypl.org/items/90b4e4a4-4c99-1240-e040-e00a180601fd. (Accessed October 21, 2021.)
Dr. Kathleen Moore Walsh
19th Century Glenmore Inquests
The civil registration of births, marriages and deaths began in 1864. Non-Catholic marriages were registered from 1845. It is often stated that in the early years of civil registration 15% of births were not registered. There are numerous cases reported in newspapers where fathers were fined 5 shillings for failing to register their child’s birth within the prescribed three months. It is not known how many deaths went unreported in the early years of registration. However, with the required reporting of deaths there was also an increase in the number of inquests reported in local newspapers. Today, we are going to highlight three 1866 Glenmore inquests as reported in the Kilkenny Moderator. In addition to the family research value these short articles provide details of ordinary life, customs and the state of medical knowledge and treatment 155 years ago.
In early January 1866 an inquest was reported in the Kilkenny Moderator (Sat. 6 January 1866, p. 3) concerning the death of a man who fell into the fire. Although the article incorrectly identifies Rochestown as being in the Barony of Galmoy, there is little doubt that the death was of a local man. Death as a result of falling into the fire was a common cause of death of small children and the infirm. “Thomas Haberlan, 24 years old, and unmarried, son of the smith there resident. It appeared this young man was of weak intellect and subject to epileptic fits. On the morning of New Year’s day, his father and family went to prayers at Glanmore (sic) chapel, leaving him alone in the house; but on their return they found the unfortunate creature extensively burned and almost in a dying state. He lingered on to the evening, and then expired. It would seem that he had been taken with a fit in the absence of the family, and had fallen on the fire. The jury found a verdict of “accidental death, “and it was considered no blame attached to the family. There was usually a premonitory warning of the coming on of the fits, and in such case a person had always been left to mind the deceased; but on this occasion nothing unusual had been observed previous to leaving him in the house.”
There were two Thomas Haberlin’s born in Glenmore about 1841. Through later marriage records we believe that the deceased, [1] Thomas Haberlan was baptised on 7 January 1840 at Aylwardstown. He was the eldest child of Thomas Haberlan and his wife, Ellen Gorman. His parents were married at Slieverue on the 19th of January 1839. At the time his father was married his father was living at Carrickanurra, Slieverue. This Thomas Haberlan had six siblings and three of his brothers were given the same name: [2] Edmund Haberlan (bapt. 15 April 1841); [3] Patrick Haberlan (bapt. 6 July 1843); [4] Catherine (bapt. 24 Sept. 1844); [5] Patrick Haberlan (21 January 1847); [6] John Haberlan (bapt. 15 Oct. 1847); [7] Patrick Haberlan (bapt. 20 June 1855). It is not known when Thomas Haberlan, Sr. died but Edmund’s marriage provides details concerning his profession. Edmund Haberlan (bapt. 1841) married Ellen Kehoe, of Aylwardstown on the 18th of April 1873. Ellen was the daughter of Thomas Kehoe (farmer) and Edmund was a blacksmith and the son of Thomas Haberlan (blacksmith). It was reported that both fathers were deceased in 1873. For further information on another contemporary blacksmith Haberlan/Haberlin, Rochestown family see our post of 24 June 2021.
The second inquest involved the sudden death of a previously healthy man. In May 1866, T. Izod, Esq, County Coroner, conducted an inquest at Kilbride, Glanmore (sic), on the body of William Donovan, “a labourer in the employment of a farmer of the locality, Mr. William Fitzgerald, of Wetherstown (sic), who died suddenly on the previous Sunday evening. James Donovan gave evidence as to having met the deceased on the evening in question, after supper, and walked along with him for about half an hour, in company with two other persons. The deceased, who was about 37 years old, seemed in perfect health at the time, and went up the hills, and down, without showing the slightest distress of any kind; when suddenly be caught the witness’s hand, crying out. “Oh! James,” and immediately fell down on the road. His breathing became of a snorting character, and in three or four minutes he expired. Nothing whatever had occurred, apparently, to cause the man’s death. Had not seen him eat his supper, but he did not seem to have taken anything that disagreed with him. John Walsh deposed as to having been present when the deceased took his supper that evening, and he and the rest of the family partook of the same food, which did them no injury. Both before and after supper the man appeared in excellent health and spirits. He was an unmarried man. Some other witnesses were examined, without the eliciting of any other fact of importance to the case; and the jury ultimately found a verdict of ‘Death from natural causes’” (Kilkenny Moderator, Sat. 12 May 1866, p. 3.)
It is believed that the deceased William Donovan was baptized at Glenmore on 6 June 1824, the son of John Donovan and Mary Donovan née Norris of Ballyveria, Glenmore. His brother James Donovan was baptised on 8 March 1832. Other siblings included: Mary Donovan (bapt. 8 March 1818; John Donovan (bapt. 23 June 1819); Mary Donovan (bapt. 14 June 1826) and Honor Donovan (bapt. 9 Mar. 1834).
Lastly, late in 1866, Thomas Izod, the County Coroner, was back in Glenmore to conduct an inquest into the death of Patrick Murphy, a farm labourer residing in Parkstown, Glenmore. It was reported that the 24-year-old went to the fair of Waterford on the 1st of November. “When returning, he was riding a young horse, which was very free; and while trotting pretty smartly, the bridle broke, and he fell backwards and was thrown heavily upon the road. Assistance having been procured, he was taken up, when it was found his spine had received serious injury. He was carried home to Parkstown where he lingered on to Monday the 5th, when he expired. An inquest was held at Glanmore (sic), on Wednesday last, by Thomas Izod, Esq., County Coroner, when these fact were given in evidence; and in addition Doctor Hendrick, medical officer, of Kilmackevogue Dispensary, stated that he had been in attendance on the deceased, and that death had resulted from concussion on the spine, causing paralysis, from the effects of which he died. The jury found a verdict suitable to the facts” (Kilkenny Moderator, Wed. 14 Nov. 1866, p. 3). Unfortunately Patrick Murphy is a very common name and without any further details it was difficult to determine which of the multiple candidates might be the correct Patrick Murphy. Interestingly this inquest was the most reported of the three as it was also reported in all the Waterford City newspapers perhaps due to the fact he was returning from the Waterford fair.
If any readers can identify Patrick Murphy or provide further information or corrections concerning the three deceased men or their families please email glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
Counterfeiting in Glenmore
During the Famine the local newspapers were full of articles where people were arrested and convicted of “coining” or counterfeiting coins or passing or possessing counterfeit coins. Today, we are going to highlight a counterfeiting case involving a Glenmore farmer who paid part of his rent with counterfeit sovereigns. The sovereign was a gold coin introduced in 1817 as part of the Great Recoinage of 1816 to replace the guinea. The guinea was worth 21 shillings or £1.05 and the gold sovereign was worth £1. Interestingly the Great Recoinage was deemed necessary to stabilise the British currency after the French Revolution and Napoleonic Wars caused severe economic problems in Great Britain. The sovereign continued to be in circulation until World War I, but remains legal tender in the UK today.
The following short article appeared in the Waterford Chronicle on Saturday the 21st of March 1846 (p. 3). The case was then reported in several other newspapers including the Kerry Examiner (27 March 1846, p. 3).
“COINING. On Monday last two men named Walsh and Sweeny, farmers from the county of Kilkenny, near Glenmore, who were of good character hitherto, were arrested on a charge of coining and committed to prison. The particulars of the case are as follows: the coiners came to pay rent to their landlord, to whom they paid nine sovereigns and some notes; they received receipts and departed. In short time after the money was sent to the bank, where the gold was discovered counterfeit, but the notes were good. The following morning Constable Hughes proceeded to the residences of the prisoners, and there found some coining utensils, for making sovereigns, as well some stamps for half crowns, which, together with some metal found in the same place, the constable brought into town. The persons charged are fully committed for trial.”
The following week, two national newspapers the Pilot and the Freeman’s Journal, quoting a Waterford Freeman article, supplied more details concerning the event. Interestingly the Waterford Freemen ceased publishing in 1847 because subscribers failed to pay their subscriptions. These articles reveal that a farmer named Peter Walsh, a resident of Weatherstown, Glenmore, on the 18th of March went into Waterford City to pay his rent to his landlord Mr. Robert Smith. According to the newspaper he tendered good notes for £6 and 9 sovereigns which were “base coin.” The landlord did not suspect that the coins were counterfeit until he went to lodge them in the bank and the bank informed him that the 9 sovereign coins were not real. Sergeant Hughes was informed and he arrested Peter Walsh and a labourer named Sweeny. At the time of his arrest Peter Walsh had on his person “three bad sovereigns, two base half crowns, mixed with good coins and 9 base half-crowns concealed.” The labourer Sweeney had one bad half crown. Hughes went to Walsh’s residence where he found “the instruments for casting the coins, the dies, the metallic substances, the receipts for polishing, and chemical ingredients. Waterford Freemen.” (The Pilot, Wed. 25 March 1846, p. 1).
On the 3rd of April 1846, Peter Walsh, of Weatherstown was granted bail on the application of Mr. Hassard, a solicitor. The court required two sureties’ posting £40 each. “Walsh, the farmer, from Weatherstown [was] committed to the city jail on a charge of passing base sovereigns a few weeks back” (Waterford Mail, Wed. 8 April 1846, p. 2). Thus, for attempting to pay his rent with 9 counterfeit coins valued at £9 two men had to post £40 each in order for Walsh to be released on bail. Unfortunately, this is the last newspaper article concerning the counterfeiting and no where is the first name of the labourer Sweeney provided or whether he continued to languish in jail.
That may have been the end of the story except for the parish records and a headstone in Glenmore cemetery. From the parish records we were able to discover that a Peter Walsh, of Weatherstown, was married to Anastatia Murphy and had 7 known children: [1] James Walsh, bapt. 2 Dec. 1836; [2] Mary Walsh, bapt. 18 Mar. 1838; [3] Patrick Walsh, bapt. 1 Dec. 1839; [4] John Walsh, bapt. 19 July 1841; [5] Edmund Walsh, bapt. 17 June 1842; [6] Michael Walsh, bapt. 23 Aug. 1844; [7] Bridget Walsh, bapt. 19 April 1846. All of the children when baptized had an address of Weatherstown, except Bridget who was born about a month after Peter Walsh, of Weatherstown was arrested. Bridget Walsh’s address was provided as Busherstown, Glenmore.
The only headstone with the name Peter Walsh, in the cemetery adjacent to the Glenmore Parish Church, has the following inscription:
Erected by Mary Walsh, of Weatherstown in memory of her grandfather Michael Walsh and her grandmother Mary Walsh. Her father Peter died in 1847. Her mother Anastasia Walsh née Murphy died in 1862 (sic). Uncles Patrick and Micheal Her sister Bridget Gahan née Walsh died in America 1856 (sic) aged 42. Her brother James died 17 May 1908, aged 72.
Danny Dowling interviewed Martin Cody, of Weatherstown, Glenmore in May 1977. Martin stated that the Walsh family had a farm of 40 Irish acres in Weatherstown, Glenmore. The last of the male line of this family in Weatherstown, was James Walsh who remained a bachelor and died in 1909. He lived with his sister Main Walsh, who never married. Main or Mary Walsh died in 1919. Jim and Main spoke Irish. Their land went down to Connolly’s Cross and the old name for that part of Jim Walsh’s farm was “Flohanins.” In 1977 Martin said that the Walsh farm was owned by William Fitzgerald of Weatherstown. His father brought it. A sister of James and Main Walsh married Tom Gahan, another native of Weatherstown. They emigrated to Boston and had two sons Frank and John. Frank Gahan fought with the US Army in Europe during the First World War and visited Weatherstown at that time. Lastly, Martin stated that the Walsh’s mother was one of the Sé Óg Walshs of Tullogher, and Jim and Main were first cousins of Dickie Doherty of Ballinlammy, Glenmore.
From the parish records we believe that it was the Walsh’s grandmother, rather than mother was one of the Sé Óg Walshs of Tullogher. Also, the 1901 census reveals that Anastatia Walsh née Murphy was an 87-year-old widow in Weatherstown living with her son James Walsh and daughter Mary Walsh. James Walsh was 60 years old and Mary Walsh was 57 years of age. Also reported in the household was Andrew Cashin, aged 30 who was listed as a domestic servant with the notation “idiot”. We were able to verify that James Walsh, died on the 17th of May 1908 at Weatherstown and James Synott was present when he died. The 1911 census reveals that Mary or Main Walsh was living alone and her landlord is listed as Patrick Fitzgerald. It is assumed that when her brother Jim died she sold the farm to Patrick Fitzgerald but continued living in the farmhouse.
We also verified that Bridget Walsh, of Weatherstown married Thomas Gahan on 16 August 1881 at Glenmore. The first record located in Boston reveals that in 1883 Thomas Gahan was living at 20 Beach Chsn. and working as a labourer (Boston City Directory 1883). The couple in addition to sons Frank and John also had a son Peter who died on 18 April 1885 of measles at the age of 2. Bridget Gahan née Walsh died on 10 Dec. 1887. She and her son Peter are buried together at Mount Auburn Cemetery, Boston. Bridget’s year of birth is incorrectly recorded as 1852 instead of 1846. We were unable to locate a 1919 death record for Mary/Main Walsh and we did find that another brother of Jim and Mary or Walsh. Michael Walsh (bapt. 1844) (farmer) married Catherine Mackey, of Weatherstown, on 23 September 1866 at Glenmore. She was the daughter of Philip Mackey (farmer) of Weatherstown. There was only 1 child located for this couple. Anastatia Walsh was born on 20 January 1867 in Weatherstown. It is not known if the family emigrated or remained in Ireland.
Danny Dowling also recorded information provided by Nicky the Miller Forristal in November 1977. Nicky revealed, “Old Jim Walsh and Main Walsh, of Weatherstown were brother and sister. They had a farm. Jim Walsh was known as “Bothered Jim.” He was kind of deaf and used to talk high. He was a big man. Old Cashin, the shoemaker, was invited out by Jim Walsh to visit him. The invitation extended over a long time, and finally Cashin did visit him, thinking he was going to have a great evening with a few drinks thrown in. After sometime Jim said to Main ‘get a pawpeen for Cashin.’ That was all he got.”
Lastly, from the information provided on the headstone Main Walsh erected we were able to trace the Walsh family, of Weatherstown, back another generation.
The parents of Peter Walsh (1809-1847) were Michael Walsh, of Weatherstown and Mary Walsh née Walsh of Tennefala, Glenmore. Tennefala is near Rosbercon, Tullogher. Per the baptismal records, the following children were born to this union: [1] Bridget Walsh, (bapt. 28 Jan. 1798); [2] John Walsh (bapt. 7 May 1802]; [3] Mary Walsh (bapt. 2 June 1807); [4] Peter Walsh, (bapt. 28 Aug. 1809); [5] James Walsh, (bapt. 30 July 1812); [6] Patrick Walsh, (bapt. 7 Aug. 1815) and [7] Michael Walsh, (bapt. 23 Jan. 1820).
The grandfather of Peter Walsh (1809-1847), Michael Walsh, was baptised on 19 August 1773 at Weatherstown, Glenmore. Michael was the son of Peter Walsh and Mary Walsh.
Given the fact that Peter Walsh was quickly released on bail, that he had a solicitor, and no record of a trial could be located it may be the case that the landlord, Robert Smith, was not interested in prosecuting so long as the rent was paid. There is no conclusive proof that the Peter Walsh, of Weatherstown, charged with counterfeiting in 1846 was the Peter Walsh (1809-1847) of Weatherstown, but he is the most likely candidate at the moment based upon the available records.
Dr. Kathleen Moore Walsh
The featured photo above is an 1843 gold soverign coin featuring a young Queen Victoria.
Glenmore in 19th Century Newspapers
Below are ten short articles from a range of newspapers across the 19th century featuring Glenmore people or events. Interestingly some newspapers until 1900 spelled Glenmore as Glanmore, and the language employed by the newspapers is often quaint.
The first article deals with the two inevitabilities of life, death and taxes. The article was found in the Dublin Morning Register (Sat. 8 March 1828, p. 3), but was originally published in the Waterford Chronical.
“Tithes—Horrible Barbarity—Attend reader to the following appalling fact—“A poor man, named Pat. Bryan, lives in Haggard, mountains of Glanmore (sic), having a poor hovel he built himself on half an acre of ground; the land about him is let for 10s. per acre; he has been ill for a long time, supported by the charities of the parish, having four children and a poor wife. A day or two ago, he was called on for the tithes—there were Rectorial Tithes, Corporation Tithes, and Vicarial Tithes. Having nothing to pay them, the Collectors took from him the only blanket he had. But it would be well if it ended here—hear the sequel—the zealous parish priest of Slieverue, the Rev. J. Fitzpatrick, and his Coadjutor, the Rev. Mr. Foras, were collecting, yesterday, a subscription to purchase a coffin and shroud—for what? To bury the corpse of the man who died on the night of the day that he was stripped of his blanket!!! Waterford Chronicle.”
[2] The next article concerns a tragic death in Glenmore Village at Christmastime in 1831 found in the Freeman’s Journal (Sat. 1 Jan. 1831, p. 3)
“MELANCHOLY ACCIDENT—A most melancholy accident happened at Glanmore (sic), Kilkenny, in the night of the 23d instant. A poor blind man, upwards of 90 years of age, having taken his lodgings for the night, at a man’s house (of the name of Aylward), and going out after the family had gone to bed, he missed his way, and in attempting to return, groped by the police barrack, turned in by Gaffney’s house, and fell into the tail race of a tuck-mill, and was found in the morning frozen to death. There was no water. He was heard by many of the villagers, and in the police barracks too, crying out for assistance. Some of the people did go out after some time, but the cries ceasing, they returned without affording relief. Waterford Chronicle.”
[3] Seventy years before the Glenmore Creamery opened, the theft of butter in Glenmore was reported in the Kilkenny Moderator (Wed. 18 Sept. 1833, p. 2).
“On Wednesday night some evil disposed persons removed part of the thatch from a dairy belonging to Philip Aylward, of Ballinclar, in the parish of Glenmore, and robbed it of a quantity of butter.”
[4] A hunting accident reported in the Waterford Chronicle during the Famine was republished around the country. Here is what was found in the Kerry Examiner (Tues. 3 March 1846, p. 3).
“On Wednesday evening, as a fine young man named John Whelan, from Glanmore (sic), county Kilkenny, was passing over a ditch, in his own neighbourhood, a loaded gun, which he was carrying, accidently struck against some briers, went off, and lodged the contents in his heart. He expired, we learn, shortly afterwards. Waterford Chronicle.”
[5] The Irish Times (Mon. 6 Aug. 1860, p. 3) reported on a lark that preferred the Glenmore Barracks to the Rosbercon Barracks…
“A Fact for Ornithologists. —A circumstance worthy of the attention of ornithologists has been communicated to us by a trustworthy correspondent. Head-constable Harkins, of the Rosbercon Constabulary, recently was made a present of a lark by a policeman of the Glanmore (sic) station, who had kept the bird in a cage in his room. The head-constable some days after bringing the lark home, opened the cage to allow it to fly about the room, when to his great disappointment it contrived to escape through a broken window. He expected never to see the bird again, but to his no small astonishment he learned next day that it had flown directly to Glanmore (sic), a distance of five miles, and sought refuge again in the cage of its old master, where it has since remained.— Kilkenny Moderator”
[6] Prior to the Land League very few evictions were reported in local newspapers. However, the Kilkenny Journal, and Leinster Commercial & Literary Advertiser (Wed. 5 April 1865, p. 2) printed the following sentence in 1865.
“Eviction. A widow named Mullins and her ten children were evicted last Friday from her farm at Flemingstown, Glenmore, for non-payment rent, by her landlord, C. Milward, London—an absentee.”
[7] Glenmore apparently had a wholesale beer house in 1872 which is interesting as it was about this time that the parish priest prevailed upon the three publicans in the Village to shut their businesses. Glenmore remained a dry parish until the 1960’s. The following article appeared in the Kilkenny Moderator (Wed. 7 Feb. 1872, p. 3).
“Constable Power, of Glanmore (sic), prosecuted Henry Martin,, for having persons drinking in his wholesale beer house at Ballinalammy. The defendant admitted to the court that he did sell a quart of beer to a man named Donovan. Ordered to pay a fine of 5s with 2s 6d costs.”
According to the death register, Henry Martin (c. 1813-1885) of Ballinlammy, died on the 11th of July 1885, at the age of 72. He was a fowl dealer and widower. His daughter Kate Martin was present when he died.
[8] As a rural district Glenmore was occasionally used by city dwellers to engage in illegal activities. The following article appeared in the Waterford Standard (Wed 5 June 1878, p. 2) and makes a point of stating that all people and the dogs were from Waterford.
“A DOG FIGHT INTERRUPTED—Considerable excitement was manifested in Waterford yesterday when it became known that a dog fight had been attempted during the very early hours of the morning. It has transpired that the fight was arranged between two dogs, and that it was to take place at Lucy’s Rock, near Glenmore. At a little before daylight no less than twenty-six cars, fully laden, started from Waterford for the venue of the disgraceful event; and on arriving at the spot, the two dogs had a most sanguinary fight which had lasted for thirty-five minutes when the police interfered. We trust that the police will not allow the ringleaders in such inhumane and brutal scenes to go unpunished. All the parties, dogs included, were from Waterford; and we are informed a considerable amount of money changed hands on the event.”
[9] The newspapers are full of details regarding the local petty sessions. It is interesting to see what was considered crimes in the 19th century. The following article is full of Glenmore defendants and appeared in the Waterford Standard (Wed. 12 May 1880, p. 2). The article concludes with an ironic statement that the remainder of the business conducted by the court wasn’t important.
“Rosbercon Petty Sessions—Saturday—James Kelly, Graigunakill, summoned John Hanrahan for trespass, and he was fined 1s 6d and costs. Constable John McManus, Glenmore summoned Patrick Ennett, Cappagh, for allowing an ass to wander on the public road, fined 6d and costs. Edward Murphy, Robinstown, was fined 6d and costs for a like offence. Constables McManus summoned John Hanrahan, James Cody, John Costelloe, John Fitzgerald and Philip Mackey, Weatherstown, for having unregistered dogs in their possession. Fined 1s each and ordered to take out licenses. Sub-constable Denis Cronin, Glanmore (sic), summoned Thomas Freney, Kilbride, for a like offence. Like rule. Sub-constable John Mayer, New Ross, summoned five lads for bowling on the public road. He could only identify two, who were fined 10s or 14 days’ imprisonment, the other two being discharged with a caution…The remainder of the business was unimportant.”
[10] The last article provides a glimpse of the difficulties associated with bidding for a public contract 131 years ago. It is doubtful that the public contracts of that era led to any overruns. The article appeared in the Wexford People (Wed 21 May 1890).
“THE LIMESTONE CONTRACT. In accordance with an advertisement for ten boatloads of limestones, Mr. Daniel Cody, Carrigcloney, County Kilkenny, tendered at 39s per boatload. The Commissioners did not consider this satisfactory, and on the suggestion of the Chairman, it was ordered that Mr. Cody be written to on the subject, drawing his attention to the fact that the last contract he sent the stones at 36s per load.”
Dr. Kathleen Moore Walsh
The Sentencing & Execution of Patrick Donovan
Today, for our third and final blog concerning the murder of Michael Rigby in Kilbride, Glenmore in 1841 we are going to highlight the extraordinary exchange between the judge and the convicted Patrick Donovan as reported in the Kilkenny Moderator (Wed. 11 Aug. 1841, p. 3). The lecture by the judge, Baron Pennyfather, provides an insight into the religious convictions of the time as well as his thoughts concerning the evidence. The contempory newspaper account of the execution is provided as well as additional information regarding the victim, the defendant, some of the witnesses etc., and the land. We conclude with a short summary of Baron Pennyfather’s most famous case with Daniel O’Connell which illustrates his integrity as a trial judge.
The Sentencing
The morning following the jury returning a verdict of guilt, Patrick Donovan was returned to the court for sentencing. The clerk of the crown (Mr. Curtin) asked Patrick Donovan if he had anything to say why a sentence of death and execution should not be carried into effect according to law.
Patrick Donovan—”If I am hung tomorrow, I will come to the judge and declare to him the truth; I will rise from the ground and speak to the judge and jury, and them that I am not guilty of the murder. I am as clear as the morning dew of it; and I said the same thing to Father Gannon today.”
Baron Pennefather—”Patrick Donovan, you have made a declaration which every one who has heard your trial and attended to the evidence must be satisfied is untrue. You have declared, and may persist in declaring your innocence in this world. If you be innocent (and quite the reverse appears) that innocence will be known to the Great Judge of the World. He must know and does know the inmost secrets of the heart, which are concealed from human eyes; and if you be innocent…” According to the newspaper Donovan interjected, “Yes, I am.”
Baron Pennefather—”If you be innocent, He in another world will view you and consider you as such; but I should ill discharge my duty to you or to the public, if I were to suffer your declaration of innocence to affect the course of the law of this country. You have been convicted upon evidence which removed every doubt from the minds of the respectable jury before whom you were tried—they maturely considered the evidence, and if they had a doubt would have given you the benefit of it, according to my direction. I told them that your life depended upon the verdict of guilty, if not satisfied beyond a doubt of your criminality. They heard me patiently, and after three hours given to the consideration of the evidence, came to the conclusion that you were guilty of the act of depriving a human being of his life who never offended you—who never raised an arm against you. You sent him, without a moment’s notice—without a moment for preparation—to meet his God, and deprived him of his life by breaking his head to pieces with a heavy implement. Was not the case fully brought home to you? Was it not fully established by evidence which could not be controverted? Independently of the unhappy man [Walsh] who witnessed the deed, and who had no motive for coming forward to accuse you, but perhaps he was not altogether innocent of the murder, having been in your company not only before but after you perpetuated the deed—independently of his testimony, was it not proved by evidence which could not be questioned, that no other person could have committed the murder: No other man had enmity against the deceased, and the unfortunate man’s life [Rigby] was spared by the interposition of providence so long as to enable him to declare to his son that you were his murderer. God Almighty spared his life until he should be an instrument in bringing his assassin to justice. Can you after such evidence—can you after the man upon the verge of eternity, and about to meet his God had declared you guilty, can you persist in asserting your innocence? No man who heard the evidence can believe you. I beseech you then, as you regard the welfare of your soul, as you regard your eternal mises of happiness, because it is not too late even for you to hope for forgiveness through the mortis of our Saviour, I beseech you not to persevere in the assertion of that which is untrue, and ask to add to the guilt you have already perpetrated the denial of your offence before that God who cannot be deceived. No remission can take place in your sentence. What persecution did you receive from the unfortunate deceased? After your landlord thought fit to dispossess you from a farm for non-payment of rent and broken covenants, Rigby took those four acres, for which you deprived him of his life.
Amazingly at this point Donovan corrected the judge indicating that it was—Two acres of land.
Baron Pennefather—That is not now of importance, except so far that it shows you had less excitement to operate on your mind.
Prisoner—Don’t take heed of any backbiting.
Baron Pennefather—I have heard nothing of you but on this trial, and nothing but the evidence on which you were found guilty.
Prisoner—I was found guilty in the wrong.
Baron Pennefather—I would not do my duty if I did not warn you to prepare for your death, and it is not in my power in any manner to avert it. The learned judge then put on the black cap, and sentenced the prisoner to be hanged on Saturday, the 28th of August, and his body to be buried within the precincts of the goal. The prisoner, whose demeanor was reckless and yet not firm, was then removed from the dock, amid the crying and exclamation of his relatives.”
The newspaper account ends with the statement that Donovan subsequently confessed his guilt, but no further details are provided concerning the alleged confession. The oddly named Kilkenny Journal, & Leinster Commercial & Literary Advertiser, whose editor had been highly critical of the Kilkenny Moderator in May concerning its reporting of the arrest, also reported on the trial. One of the differences in the Journal’s account of the trial was the fact that the defence barrister strongly objected to the introduction of the dying declaration of Michael Rigby naming Paddy Donovan as his killer. It was also reported that Donovan had only married the widow and obtained the land two years before he was evicted, and the eyewitness John Walsh testified through an interpreter as he was an Irish speaker (Sat. 7 Aug. 1841, p. 3).
The Execution
Patrick Donovan was hanged in front of the Kilkenny gaol on the 28th of August 1841. “His appearance at the place of execution was contrite and edifying. He made no declaration in public, but on different occasions since conviction he admitted the justice of his sentence, and made full acknowledgment of his guilt” (Waterford Chronicle, Sat, 4 Sept. 1841, p. 8).
Although most newspapers only published a few sentences concerning the hanging the Kilkenny Journal (Wed. 1 Sept. 1841, p. 2 ) provided the following detailed account of the event.
“On Saturday, the unfortunate man, Donovan, convicted at our last Assizes of the murder crowd of persons were collected round the scene of the execution from an early hour, and the time when the unhappy man appeared on the drop, there could not have been less than 5,000 people present. A large body of Police, with two companies of the 99th regiment, were placed within the enclosure opposite the Gaol. At half-past one o’clock, the prisoner, accompanied by the Rev Messrs. Doyle and Kavanagh, who were most unremitting in their attendance upon him ever since the time when the awful sentence of death was pronounced against him, left his condemned cell, and proceeded through the corridors of the gaol towards the place of execution. He appeared to be deeply impressed with the near approach his untimely end, and from the deep contrition, and the Christian-like resignation, which evinced, he seemed to have treasured within his soul the solemn and wholesome admonitions of the excellent clergymen who supported him in his hours of tribulation. He was a man of athletic frame, and just in the prime of life; and no doubt, his death will serve as a warning to many not to allow themselves to be carried away by the impulse of their passions. His appearance was indicative of firmness throughout, and in reciting the various religious responses, & in going through his other devotional exercises, he evinced great presence of mind and deep and fervid contrition of heart. On entering the execution-room, he seemed somewhat weak, but he rallied, and after joining for some time in prayer, he gave himself over to the executioner. The necessary arrangements having been perfected, the bolt was withdrawn, and in a few minutes he was launched into eternity. He died almost instantaneously, and with scarcely a struggle. The crowd soon afterwards separated.”
Other Information
The Murder Victim
Thanks to Ann Fitzgerald and Patty Brown we know that Michael Rigby (c. 1790-1841) married Nelly Neil and the couple had at least 7 children. [1] Thomas Ribby (sic) (bapt. 24 Dec. 1809); [2] Daniel Rigby (bapt. 12 Nov. 1811); [3] Else Rigby (bapt. 19 Nov. 1813); [4] James Rigby, bapt. 9 July 1816; [5] Richard Rigby, bapt. 7 March 1820; [6] Thomas Rigby, bapt. 17 Feb. 1822; [7] Michael Rigby, bapt. 14 April 1825. At the time of the murder in May 1841, Daniel Rigby (described by Hanrahan as the eldest son) was newly married to Margaret Rigby on 22 Feb. 1841. The year after the murder James Rigby married Catherine Rigby on 19 June 1842. Thus, two Rigby brothers from Ballyveria, Glenmore married two Rigby sisters from Ballinacrea, Slieverue. A review of the Tithe Applotment Books reveals that in 1830 F. George Caulfield was the landlord of Ballyveria and Michael Ribby (sic) occupied 24 acres in the townland. At Christmas 1840 he acquired the four acres thus at the time of his death it is believed that he occupied 28 acres. Some of his children emigrated to the US and some remained in Ireland.
[Update 28 July 2021: Per Patty Brown and Ann Fitzgerald– Else Rigby married Kieran Dollard and they emigrated to Norfolk, Virginia in 1851. Her brother Thomas Rigby emigrated with them; her brother Michael Rigby joined them in 1852; and her brother Richard Rigby in 1855. Of the Rigby brothers who emigrated to Norfolk only Thomas Rigby married (Bridget Moloney) and died shortly thereafter in 1854].
The Fields
Danny Dowling would always advise in untangling local farming families to track the land. Following this advice, this week several local farmers noted that the two fields that were the cause of the murder are now owned by Michael Phelan, of Darbystown. It was recalled that Michael Phelan’s aunt married a Rigby, they had no family,* and she left the land to her nephew Michael Phelan. A marriage record was located for Daniel Rigby of Ballyveria and Catherine Phelan of Ballyfacey who married on 10 July 1940. Daniel Rigby (1882-1966) was born on the 23rd of December 1882 at Ballyveria, the eldest son of Michael Rigby (1842-1934?) and his wife Anastatia Roche (married 1 March 1881). Michael Rigby (1842-1934?) was baptized 4 March 1842, just 10 months after his grandfather was murdered. Michael Rigby (1842- 1934?) was the eldest son of Daniel Ribby (sic) (1811-1889) and Margaret Ribby née Rigby (c. 1811-1897).
*Correction–Dan Rigby and his wife Catherine Phelan had a son Michael Rigby who died in 1971. After Dan Rigby’s death Catherine married Michael Tobin. Catherine Rigby, Tobin née Phelan died in 1982 at the age of 74.
The Defendant
From the facts reported during the trial it was known that Patrick Donovan was 28 years of age in 1841, married a widow and occupied the two fields for two years before being evicted in June 1840. Patrick Donovan was baptized on 6 March 1813 at Ballyveria the son of William Donovan and Anastatia Elvert (Aylward). In the 1830 Tithe Applotment Books, William Donovan was the occupier of 31 acres. Another Donovan is found in the townland, John Donovan who was the occupier of 33 acres. Patrick Donovan (1813-1841) had at least five siblings: [1] Honor Donovan (bapt. 26 Aug. 1803); [2] Patrick Donovan (bapt. 26 Oct. 1807-died before 1813); [3] Catherine Donovan (bapt. 27 May 1810); [4] Michael Donovan (bapt. 26 Mar. 1816); [5] James Donovan (bapt. 15 May 1817).
Patrick Donovan (1813-1841) married Alice Cody on 26 October 1837. Unfortunately, the marriage record does not record the fathers of the couple or whether Alice was a widow. A search revealed that an Alice Cody married James Walsh on 15 Feb. 1829. Two known children were born to this marriage [1] Mary Walsh, bapt. 13 March 1832 and [2] Philip Walsh, bapt. 17 May 1834. No further baptisms could be located. The only James Walsh in the 1830 Tithe Applotment Books for the area provides that a James Walsh is listed with John Colleton, Mary Colleton and Michel Colleton of Kilbride and occupying 85 acres. Patrick Donovan and his wife, Alice Cody had two known children [3] William Donovan, bapt. 10 Nov. 1837 and [4] Patrick Donovan, bapt. 7 Oct. 1841 (about five weeks after his father was executed).
A death record was located for an Alice Donovan, aged 80, who died on 6 November 1875 at Haggard, Glenmore, the widow of a farmer. William Donovan was present at her death. A death record was located for William Donovan, of Haggard, who died on 21 March 1882, of TB at the age of 44. His father-in-law Andrew Brien was present. A marriage record provides that William Donovan (farm labourer) married Anastatia Brien on 8 February 1869 at Glenmore. William’s father is listed as Patrick Donovan and Anastatia’s is Andrew Brien. William Donovan (1837-1882) and his wife had at least 8 children before his untimely death in 1882.
A baptismal record could not be found for an Alice Cody in 1795 in Ballyveria. However, a record was located for Alice Cody baptised 12 February 1804 at Milltown, Glenmore the daughter of John Cody and Catherine Neef. Later children of this couple were baptized at Ballyveria (Margaret Cody (1809) and Edmund Cody (1810). Thus, Alice Donovan née Cody (1804-1875) was 9 years older than her second husband Patrick Donovan (1813-1841), was widowed twice before the age of 40, and was 71 when she died in 1875.
Witnesses
John Walsh testified that he was in Ballyveria for 30 years. The 1830 Tithe Applotment Books reveals that John Walsh, of Ballyveria, occupied 9 acres.
Edmund Hanrahan (1802-1874) who was ploughing in a nearby field at the time of the murder was baptized on 21 September 1802 at Wetherstown (sic), the son of Michael Hanrahan and Anastatia Murphy. On 24 February 1827 Edmund Hanrahan, of Ballyfacey married Anne Denief also of Ballyfacy. The couple had at least five children, the youngest being born a week after her father testified in the murder case. [1] Alicia Hanrahan, bapt. 10 June 1828 at Kilbride; [2] Margaret Hanrahan, bapt. 6 Aug. 1831; [3] Mary Hanrahan, bapt. 11 Dec. 1833; [4] William Hanrahan, bapt. 13 Dec. 1836; and [5] Judith Hanrahan, bapt. 14 Aug. 1841. Edmund Hanrahan’s name appears in the 1830 Tithe Applotment Books for Kilbride, but he is listed with a number of others and does not appear to have a separate defined number of acres. The death register reveals that an Edmund Hanrahan, a married farmer, died on 26 January 1874 at the age of 75 in Tullogher.
Richard Grace—very little could be found regarding this witness. A Richard Grace was baptized on 28 May 1793 at Ballyfacey the son of Thomas Grace and Margaret Rigby.
The Judge
Richard Pennefather (1773-1859) was the Baron of the Exchequer in Ireland. He served an impressive 38 years on the bench and only retired a few months before he died at his home in Knockeevan, County Tipperary in 1859 at the age of 86. His most famous case was the 1829 Donneraile (Co. Cork) Conspiracy Case where he was one of two presiding judges. Seventeen men were charged with conspiracy to murder local landlords, and the only evidence against them was the testimony of an approver. An approver is a person who engaged in the crime but agreed to testify for the prosecution against the other defendants. In this case, the approver alleged that the defendants met in a tent at a fair and agreed in writing to murder local landlords. After four of the men were convicted Daniel O’Connell (1775-1847), upon payment of 100 gold guineas, took on the case and saved the lives of all the defendants save one. He did this by destroying the credibility of the approver on cross examination armed with a prior inconsistent statement made by the approver before a magistrate. However, this was only possible because Baron Pennefather himself sent for the prior deposition and when he received it he gave it to O’Connell in open court. Pennefather’s actions during the Donneraile Conspiracy case were cited with approval by Justice Hardiman (1951-2016) of the Supreme Court in 2007 (O’Callaghan v. Mahon [2007] IESC 17/1).
The drawing of Baron Richard Pennefather was done by William Tinsley (1804-1885) who was a Clonmel architect. He made several court room drawings while attending the trial of William Smith O’Brien for High Treason at Clonmel, Co. Tipperary in 1848. Interestingly Tinsley immigrated to the U.S. in 1851. The drawings were found by J.D. Forbes in the possession of Tinsley’s granddaughter in Crawfordsville, Indiana, who was researching the architectural career of Tinsley. Forbes (1953) “The Tinsley Portrait Sketches of the William Smith O’Brien Trial,” 83(1) The Journal of the Royal Society of Antiquaries of Ireland, p. 86-92 at p. 90).
If there are any errors, omissions or corrections please email glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
The Murder Trial of Patrick Donovan, of Ballyveria, Glenmore
In our last blog post we outlined the information that Danny Dowling recorded regarding the murder of Michael Rigby in Kilbride, Glenmore on 14 May 1841. In addition to the oral tradition that passed from one generation to the next, we are very fortunate that the details of the murder trial held in August of 1841 were reported extensively in the Kilkenny Moderator on 11 August 1841 (p. 2-3). From a legal history standpoint, one aspect of the reported trial that is interesting is the extensive exchange the judge had with the accused Patrick Donovan prior to sentencing. It was not until 1898, that an accused was allowed to testify in his criminal trial. It was believed that whether the accused was guilty or innocent, the fear of punishment would cause an accused to commit perjury, so no criminal defendant was allowed to testify. In Patrick Donovan’s trial for the murder of Micheal Rigby the judge was Baron Richard Pennefather (1773-1859). The prosecutor was Mr. Scott, Q.C. It is not stated that Patrick Donovan was represented by counsel, but there is a reference to Mr. Rolleston, cross-examining Crown witnesses. Excerpts of the newspaper account are provided below and where possible the actual language reported is utilized. The account was provided by a newspaper reporter and is not a verbatim transcript of the testimony.
Mr. Scott, Q.C. gave the jury a brief outline of the case. He contended that Patrick Donovan, aged 28, wilfully murdered Michael Rigby, aged 50, by “giving him a mortal wound on the head with a stone.” “The case was one which could only be presented as one of murder, and the only question was as to the identity of the perpetrator.” He set forth the motive, opportunity, dying declaration of the victim naming his killer, an eyewitness, as well as “so many circumstances…as to leave no doubt of the result.”
The first witness to testify was Captain Benjamin Bunbury who was the agent for Mrs. Caulfield the landlord of Ballyvara (sic). Captain Bunbury revealed to the jury the motive for the murder. “The prisoner married a widow woman, and so became tenant of four acres of the land; he was removed in June, 1840, for non-payment of rent, and for alienating two of them by sale…” In other words, Patrick Donovan as a tenant failed to pay the rent on the land and then alienated, or induced others to take part of the land, collected rent and kept the rent or rent in kind he collected. Before Captain Bunbury learned of the alienation of the two acres he had agreed that Donovan could return if he paid part of the rent owed. When Captain Bunbury found out about the “alienation” of the two acres he refused to allow Donovan to return to the land. Donovan then asked, “who will you get to take it?” Banbury replied, “many, no doubt.”
The next witness was Thomas Rigby one of the sons of the murder victim. He provided the jury among other things, that the defendant had opportunity. Although it was not reported in the newspaper account the age of this witness, (thanks to the Rigby research of Patty Brown & Ann Fitzgerald) we know that Thomas was 19 years of age. Thomas testified, “my father is dead; I remember the day he died; we left home that morning in company at about the hour of eight o’clock; I was going to the land which Donovan formerly held; my father had been about eight months in possession of the land; the prisoner asked me would we give up possession of the ground if Captain Bunbury allowed him, and I said we would; on the morning of the murder I saw the prisoner coming up a lane from the village of Ballyvara; he was about a perch (16.5 feet) off; he shook his head at me, and I was alarmed and told my father what had been done by the prisoner; I looked back once more, and the prisoner again shook his head; I and my father then went on our land, and my father parted me and went off along a path in the direction of Glenmore, a man named Hanrahan was ploughing about three fields off, and my father stopped to speak to him; I here observed the prisoner and a man named Walsh coming from a lane and making towards the path on which my father was; they got on the path and went off in the direction of Glenmore; the deceased had only gone a few yards out of Hanrahan’s field when the prisoner and Walsh left it too, going the same way; after this I saw the three in company going off, and this was about four perches from the place where I lost sight of them; the next time I saw my father was about one o’clock; he was then beaten; I and two of my brothers and two girls remained working in the field, when Hanrahan brought the news that the deceased was killed; my brothers ran before me, and I knew where the deceased lay by hearing their cries; when I came up he was lying in my brother’s arms, and moaning; he died in an hour.”
The cross examination of Thomas Rigby was by Mr. Rolleston. From the answers reported in the newspaper it appears that the counsel was attempting to show that Walsh also had motive and opportunity to commit the murder. Thomas Rigby stated, “l knew Walsh’s brother; he held one of the four acres from which Donovan had been ejected.” He was also questioned about the distance from which he observed his father near Donovan and Walsh, “there were eleven stone fences between me and Hanrahan’s field, and four ditches between me and the place where I saw my father last.” It also appears that he was challenged regarding the alleged head shaking by the accused and replied, “I stated to several persons and to the coroner, that the prisoner shook his head at me that morning.”
The next to testify was another son of the victim 25 year-old James Rigby. He provided further information regarding the land and his father’s dying declaration. “I know the four acres of ground which Donovan held, and my father got it about last Christmas; I was on the ground in last Spring digging potatoes, when the prisoner came up, and holding a little bit of earth in his hand, said, ‘I know that I will be burning in hell, where brimstone will be going through my nose and my belly, and I don’t care as much for my soul as for this bit of clay, and the first of you I catch on my ground I will settle him…’”
James Rigby went on to testify that on the day his father was murdered he saw his father going towards Hanrahan’s field and later “about one or two o’clock” Hanrahan came and told him that his father was at the top of Kilbride. “I ran off and found him lying partly in the ditch, and snorting, he was in very poor state; I asked him was he killed, and he replied ‘I am not killed, but as all as one’; I asked who killed him, and he said ‘Paddy Donovan.’” James Rigby then “threw off” his coat, and ran to the village of Glenmore for the priest, but by the time he returned his father was dead. As he was running for the priest, he met Richard Grace and Denis Lacy; on the path. “Grace asked me what happened.”
At this point the newspaper reported that accused Donovan interjected, “My Lord, if you won’t hang me he will go mad.”
During the cross-examination of James Rigby, he admitted that he had been in jail, “I was in the county gaol about “arguing” with some boys from Kilbrahan; I hit some of them; I cannot tell when it was I was in goal; one night in Ross they put me in gaol.” He denied that his father “turned him out of the house, but I used to go away for work and returned when wanted.” Rigby was apparently questioned about making a statement to John Walsh on the evening of the murder that his father was not able to speak when he found him. James Rigby acknowledged seeing John Walsh, but stated, “my father spoke quite plain when I raised him up; … I never said to any person that my father was not able to speak when I came up to him.”
“Baron Pennefather—When you came up to your father did he seem very much hurt?
Witness—He did.
[Baron Pennefather]—What was the first word you said to him?
[Witness]—I asked him was he killed, and he said ‘I am not, but am all as one;’ I then asked him who killed him, and he said, ‘Paddy Donovan.’
[Baron Pennefather]—Did he speak distinctly?
[Witness]—Not very, but I could swear to those words.”
The next two witnesses were Mary Brophy, of Ballyveria and Edward Hanrahan. Mary Brophy testified that on the day of the murder she went to Stations in Glenmore. She was returning to Ballyveria about dinner time by the pathway when she saw the body of a man lying in the ditch. He was “snorting and lay stretched out; I left him and told Ned Hanrahan, who was ploughing, about the finding of the body.” Edward Hanrahan testified that on the day of the murder at about eight that morning he was plowing and the murder victim came into his field and they had a conversation. Hanrahan observed John Walsh and “another man” come into the field. The victim left and went toward the path and the other two men were about eight perches from the path. “I was afterwards told by Mrs. Brophy that a man was lying stretched, and I went off and found the deceased about three fields off, lying on the other side of the ditch farthest from the path.”
When cross-examined Edward Hanrahan admitted that he told the children of the victim that their father was killed. “When I came up the second time the eldest son had his father in his arms. To Baron Pennefather—When I first saw the body I cannot tell if the man was alive.” He stated that it was Dan [Rigby] (b. 1811) who he saw holding his father in his arms. Hanrahan stated that he knew Donovan, but did not identify him because he did not have “as good an opportunity of seeing the man with Walsh as he [Walsh] came in first.”
The sixth witness was the eye witness John Walsh. He testified that he had lived in Ballyveria for thirty years and he knew the victim Michael Rigby and the accused Patrick Donovan. On the day of the murder, he met Donovan in the village of Ballyveria and they were walking to Glenmore for Stations. “We went by a path towards Glenmore, and the path went by Hanrahan’s field; I saw Hanrahan in the field sowing potatoes; I saw the deceased speaking to Hanrahan, and he then went on the path towards the chapel; I went on a little in advance of the prisoner, and when in Collattin’s field I heard a cry, “Oh don’t Paddy,” and turned round, when I saw Rigby lying on the ground in a corner of the field; I saw the prisoner strike him down on the head with a stone, and then I ran off for fear of my life; the prisoner overtook me some time afterwards, and told me he had thrown Rigby over the ditch; he came with me to the chapel, where we remained a good while; Donovan told me not to swear against him; I left the chapel first, and the prisoner followed me; I came to my own house at Ballyvara, and the prisoner went by the road; the same evening I told my neighbours what occurred.”
On cross-examination Walsh admitted that his brother “had a crop off of one acre of the four acres from which Donovan had been ejected.” In other words, Walsh’s brother was one of the men who alienated or rented part of the property from Donovan. Walsh stated that he was afraid to call out to Hanrahan when he saw Donovan striking the victim. Walsh stated that he was arrested in his own garden, and “told in one day what I knew.” He asserted that he was only arrested because he was with Donovan when the murder took place.
The next two witnesses were Denis Lacey and Richard Grace. Denis Lacey testified that Hanrahan’s house is situated between the Villages of Ballyveria and Glenmore and his own house was close to the pathway. He saw Walsh and Donovan together in the morning and after dinner returning from Glenmore. “James Rigby passed me during the day going for the priest, and he called out aloud to Richard Grace that his father was killed; in about five minutes after this the prisoner came up; I told him that Rigby was struck, and he made no reply.” Richard Grace corroborated that Walsh and Donovan were together in the morning and after dinner “saw the prisoner in Lacey’s house.”
The last two witnesses in the newspaper coverage were Mr. George White, Inspector of Police and Dr. Cummins. White testified that he went to the murder scene and found blood on the ground. He found a stone near the spot with blood and human hair on it. On the night after the murder he arrested Donovan between 11 and 12 o’clock, “at the distance of about two miles from his residence; he was in bed in a barn with two men, and a man who was dressed appeared acting as a sentry.” Dr. Cummins testified that he examined the victim’s body and found twelve wounds and contusions on his head. Two stones were shown to the doctor and he identified that one corresponded with several of the bruises. In his opinion the victim’s death was “produced by these wounds and bruises.” On cross examination he stated that it was possible a man might, “although thus injured, speak some intelligible words.”
“Baron Pennefather charged the jury in a most lucid address, and remarked on the many dreadful crimes that disgraced the country, in connection with the taking of land. The jury, however, were not, because the crime was great, to impute guilt to any individual, unless the evidence established his crimination ‘beyond any rational doubt.’ The learned judge, then, with extreme care, recapitulated the evidence. The jury retired at half past eight o’clock, and at half past ten brought in a verdict of guilty. The foreman said some of the jury wished to recommend the prisoner to mercy. Baron Pennyfather—On what ground? The jury could not assign a reason, and his lordship said he saw no ground for extending mercy. The prisoner, who was rather unmoved, was then taken back to prison.” It is assumed that the entire trial was heard in one day and the jury deliberated from 8:30 to 10:30 that night.
In our next blog we will provide details of the sentencing and Patrick Donovan’s exchange with the judge, as well as personal details concerning Patrick Donovan and Michael Rigby.
Special thanks to Patty Brown and Ann Fitzgerald for sharing their Rigby family research and to all who helped us today in locating some of the 1841 murder related landmarks. Any and all corrections greatly appreciated. Please send any information, corrections, etc. to glenmore.history@gmail.com.
The featured photo above is the old Hogan house in Haggard, Glenmore identified by James “Jimmy Mac” McDonald as the place were Patrick Donovan was arrested on 15 May 1841. The old stone gate pillars are still standing as well as the house behind the trees.
Dr. Kathleen Moore Walsh