Crimes

Danny Dowling (1927-2021) spent over 7 decades interviewing people and collecting information concerning Glenmore and nearby areas. Found within Danny’s voluminous files was an article from the Waterford Standard concerning the Kilmacow Petty Sessions court held in August 1903. Two cases were reported in that newspaper that involved the Sunday closing of pubs law and the prosecution of four Glenmore men.

Irish Temperance League

According to the webpage of the Irish Temperance League it was formed in the 1850’s and continues to operate to this day. By the 1870’s across Ireland, Catholic and Protestant Clergy were united in efforts to curb alcohol consumption. In Glenmore all pubs in the Village were closed by the Parish Priest and there was no pub in the Village until 1963. See our previous post of 8 May 2023.

Known as “The Great Social Experiment” Bills were introduced several years in a row in the House of Commons, seeking to control and curtail the sale of alcohol. In 1872, it became a legal requirement to display the proprietor’s name over the front door. (For more interesting facts regarding Irish pubs see the Irish Post, (2016) “A Brief History of the Pub.”)   The following year, when a Bill was introduced to close pubs on Sundays the MP for Leeds argued it was a bad idea because the populace would be left without access to alcohol for medicinal uses. It was also argued that the working man lived in poor conditions and needed the comforts of a pub (Irish Post (2016)). Interestingly there was no mention or concern for the wives and children who also lived in poor conditions.

The 1873 police returns revealed that there were 1,586 publicans, beer dealers and spirit grocers in Ireland. By 1880 the number fell to 1,284. The reduction of 302 over 7 years was due mainly to the closure of “the worst case of house” and others were temporarily closed due to the economic decline in that decade that left thousands of labouring men without work (T. W. Russel (1884) A Social Experiment: Five Years Before and After Sunday Closing in Ireland, p. 6).         

The Sunday Closure Act 1878

Until 1878 pubs could remain open until 11 p.m. on Sundays. The Sunday Closing Act came into operation on the 13th of October 1878. Under the ACT the hours of sale were reduced to 2 to 7 p.m. and from 2 to 9 p.m. in all places with a population exceeding 5,000. The cities with the longer hours were Dublin, Belfast, Cork, Limerick and Waterford. During the 4.5 years after the enactment Sunday arrests for drunkenness fell by 53% (T.W. Russel (1884) p. 1).         

Two interesting aspects of the Act was that the Sunday patrons were limited to bona fide travellers, and the Act was not permanent. A Bill was introduced into the House of Commons in 1882 to make it permanent and to extend its provisions to all Ireland. A bona fide traveller was a patron who traveled a prescribed distance from his home.

Saturday Early Closing Bills

With the deemed success of the Sunday closures the Irish Temperance League and united clergy turned their attention to Saturdays. The Saturday Earlier Closing Bill was introduced year after year commencing in 1879. Eventually, a Committee was formed which had 18 sittings for taking evidence from 40 witnesses. In total 11,091 questions were put to the witnesses.

After two days of discussion the Committee reported that  “The witnesses…have given strong evidence in favour of curtailing the hours of sale on Saturdays. The Committee are of opinion that a great deal of excessive drinking which has been proved to take place on Saturday nights, and much of the squandering of the wages of the working classes would be avoided if public-houses were closed earlier on that day, and they are satisfied that such a measure would be supported by public opinion generally throughout Ireland.”

The Committee recommended that the Act of 1878 should be made perpetual and extended to the five cities exempted from the full operation of the Act. That the qualifying distance under the bona fide provisions should be extended to six miles. That all houses for the sale of intoxicating liquors in Ireland should be closed at 9 p.m. on Saturdays (Irish Temperance League (1889) Summary of the History of the Sunday Closing and Saturday Evening Closing Movement ion Ireland, and the Position of the Government in Relation to the present Bill—February, 1889. 

Kilmacow Petty Sessions 27 August 1903

The Kilmacow Petty Sessions were held on Thursday the 27^th before Ulick Bourke, Resident Magistrate and Major Giles. Mr. Bowers, CPS was also present.

Catherine McDonell, a Mullinavat Publican

Two cases involving pubs were reported in the Waterford Standard newspaper. The first involved Catherine McDonnell a Mullinavat publican who was charged with having permitted drunkenness in her house on Sunday the 5^th of July. It was alleged that Mrs. McDonnell had put “everyone out” by 7 p.m., but James Dalton regained entry by climbing over the wall that surrounded the premises.

The police found James Dalton drunk on the licensed premises after 7 p.m. when they visited. Mrs. McDonnell swore that she did not provide Dalton with any drink after 6:30 p.m.  Major Giles was strongly in favour of a conviction, but Mr. Bourke did not agree with him. “After a lengthened debate Major Giles gave way on a point of law, and the case was dismissed.” (Waterford Standard, Sat. 29 Aug. 1903, p. 3).

Four Glenmore Men Arrested in Slieverue

The second pub case was entitled, “A Serious Question for Publicans—How long Can a Man Stay in a Publichouse?”

Sergeant Quinn charged Richard Grant, Slieverue, with a breach of the Sunday Closing Act. Head-Constable Keegan prosecuted, and Mr. P. A. Murphy defended. 

Sergeant Quinn testified that on Sunday, June 28^th, he visited the premises of Richard Grant at twelve o’clock noon and found about 40 people on the premises. Quinn went through the drinker and thought they were all bona fide travellers. Quinn belived that Edward Murphy, Pat McDonald, Robert Walsh and Francis Rielly were from Glenmore.

At 2:30 Quinn again went to the “house” and found the same men drinking. He spoke to them in the presence of the publican and asked Murphy why he was there so long. Murphy replied he could remain from six in the morning until six at night if he liked. “He went away with Rielly. Walsh and McDonald were there also, and they had been there the same time.”

“Mass commenced at eleven and was over about twelve, and these people attended the service. All four men live in the parish of Glenmore, and Glenmore Chapel would be nearer to any of them than going to Slieverue, but they could not get a public house” in Glenmore. Sergeant Quinn noticed Rielly “had the appearance of drink.” Sergeant Quinn went on to testify that Murphy and the publican had been summoned some time previously for similar offences, and the cases had been dismissed.

Mr. P.A. Murphy for the defendant cross examined the sergeant. Quinn testified that “his case was that these men stayed an overlong time in the house, and though bona fide travellers at 12 o’clock they had no right to stay until 2:30.”

“Mr. Murphy said the case would undoubtedly go further, but he would like it clearly understood the case for the Crown was that at 12 o’clock these men were admittedly bona fide travellers, but they were not bona fide travellers at 2:30. He contended that no such offense as the present one against the publican should have been brought.  The police could only have brought a case of permitting drunkenness, but there was no such charge in this case. Mr. Murphy then read several recorded cases to prove his contentions. An exactly similar case occurred before, and the magistrates’ decision was reversed by the County Court Judge. “

The magistrates dismissed the case, but allowed a case to be stated, where the matter “will be thoroughly threshed out in the Superior Court. Mr Bourke, R.M. drew up the various points to be submitted for argument. The cases against the four men found on the premises were adjourned.”

Cases Adjourned for the Bona Fide Glenmore Travellers

Thus, it appears that the publican with legal representation had his case dismissed, but the four Glenmore patrons had their cases adjourned until the unnamed Superior Court could rule on various points of law the magistrates sent to it. No further newspapers articles could be located regarding these cases from 1903, so the question of whether a bona fide traveller could lose his status and thus fall foul of the law was not published. However, the reporting of the case clearly illustrates the Sunday Closure Act was still in operation and any Glenmore person seeking a drink on a Sunday when he went beyond Glenmore parish he became a bona fide traveller within the meaning of the Act. As a bona fide traveller Glenmore people were entitled to seek alcohol at pubs more than 6 miles from home.

Whether the men were bona fide travellers is another issue. A quick search of the 1901 Census reveals more then 1 person named Robert Walsh and Edward Murphy in Glenmore parish. Two of this group with the same names lived within 2 or 3 miles of Slieverue. However, there were no persons found named Pat McDonald and Francis Rielly, although a family of Riellys lived in Slieverue parish in Ballyrowagh adjacent to the Glenmore line.

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

The photo of Stapleton’s pub of Slieverue was taken today. It is not known where Richard Grant’s pub was located in 1903 in Slieverue.

Dr. Kathleen Moore Walsh