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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
Local Accounts of Body Snatching
Long before newspapers became available on the internet to search, Danny Dowling (1927-2021) spent a considerable amount of time in libraries reading old local newspapers in his quest for information on Glenmore. Often when Danny would come across an article that he found interesting he would make a notation in his notebook recording the newspaper, date and page. Below are excerpts from several articles that Danny collected on body snatching, resurrectionists or as the Waterford Mail newspaper dubbed them the “sack-em ups.”
It is well documented that in the 18th and 19th centuries medical institutions in order to teach anatomy to medical students required fresh cadavers. Unfortunately, the majority of bodies that could be obtained legally were those of executed criminals. The demand by medical institutions far exceeded the supply. Doctors resorted to paying for “illegal” fresh cadavers without asking how the cadaver was obtained. While medical students and professional body snatchers worked at night in nearby grave yards digging up corpses two Irishmen living in Edinburgh, Scotland, hit upon a labour saving plan. William Burke and William Hare, obtained the freshest cadavers because they resorted to killing others who lived in their boarding house. William Burke (1792-1829) was hanged in January 1829 for his role in murdering and selling the bodies of 16 people over a 12 month period. Ironically Burke’s body was given to the medical institution where he sold his victims. These events led to the Anatomy Act of 1832, that increased the means of legally obtained cadavers. Now the bodies of the poor, such as those dying unclaimed in hospitals, workhouses, and prisons could now legally be taken for dissection. This legislation does not appear to have stopped the trade.
In November 1833, the Waterford Mail newspaper under a headline “Resurrectionists in Waterford,” reported that a woman named Johanna Power, was interred the previous week a few miles from town. “From the unusual circumstances of two medical young gentlemen driving into town in a peculiar kind of vehicle, long after midnight on Tuesday morning, some suspicion about the resurrection of the body were excited, and a search being accordingly instituted, the remains of poor Johanna were found entombed within a sack, on the upper floor of a store in Michael Street.” After the discovery, the body of the old woman was recommitted to the earth, in what the newspaper stated was “a much decent coffin and attended by a much larger funeral than before.”
“But curiosity was still at work to find out the “Sack-em ups,” and from a combination of circumstances with which we are not acquainted, suspicion at last settled upon the Messrs. Kenney.” In what was a resurrectionist riot, “a large mob rushed down towards the cross accordingly, about noon, on Thursday, and broke the shop windows of these gentlemen, and it was evident that the rioters would have proceeded to an attack of a more violent nature, but for the timely presence of the Mayor and constables. A party of soldiers were ordered from the barracks, but the rioters were nearly dispersed before they arrived.” Mr. Kenney’s shop remained closed, as it was feared that the mob would repeat the attack (Waterford Mail, Sat. 16 Nov. 1833, p. 2).
The problem appeared to be much worse in the Dublin area. The Waterford Mail also reported in 1833 that in Mark’s church yard “the resurrectionists raised no less than seven bodies in all, succeeded in taking away five, and left two more exposed behind them” (Waterford Mail, Sat. 9 Feb. 1933, p. 1). In December the church yard of Monkstown was entered and several graves opened with the grave clothes and coffins left scatted about the Church yard (Waterford Mail, Sat. 21 Dec. 1833, p. 4). In 1834, two resurrectionists were shot in the Rathfornham churchyard while attempting to disinter the body of a lady. The shootings were reported to the Rathfarnham police when a servant of Baron Smith reported that there was a wounded man lying in his master’s lawn. The wounded man gracing the lawn was Christopher Carney who told the police that he and two men named Dighan and Hanbury were in the Rathfarnham Church yard at 3 a.m. When they were digging into the grave two shots were fired from the watch house attached to the Church yard. Carney was wounded in the thigh and abdomen and Hanbury’s arm was broken. The police subsequently arrested James Hughes and Anthony Neil, the men who shot the resurrectionists. Hughes and Neil had been placed as guards to protect the grave of the lady. A search of the grave yard revealed that the resurrectionists had a loaded pistol with their tools (Kerry Evening Post, Sat. 4 Jan. 1834, p. 2).
After the 1830’s very little was reported in local newspapers concerning the trade. However, in 1859 a news item from the Cincinnati Gazette was published under the headline, “A Man Hung by a Corpse.” “A body snatcher who had stolen a corpse from a graveyard in the neighbourhood of that city” placed the corpse in a bag. He closed the bag with a cord which he placed around his shoulder. While attempting to climb over a high fence, the corpse fell on one side of the fence and the body snatcher on the other. The cord slipped around the body snatcher’s throat and he was choked to death (Wexford People, Sat. 26 March 1859, p. 3).
The Waterford Mirror and Tramore Visitor, published an article in 1865 concerning a related trade on the Thames. “Every night throughout the year boats start on an unholy mission. Men live by fishing for corpses. This ghastly trade is at least as profitable as regular labour…” It was noted that often there was a reward for the recovery of a corpse offered for the body by a friend or legal representative of the deceased. Also, there were sometimes valuables or money in the pockets of the deceased. However, at the very least the coroner paid six shillings for every corpse brought to him. It was alleged that after stealing the money or valuables the corpse was usually slipped back into the river to enable another man to claim the six shillings. Although it was alleged that the Thames Police took prompt charge of all bodies that they see there were not enough boats or men to cover the river. London Express. (Waterford Mirror and Tramore Visitor, Wed. 6 Sept. 1865, p. 4).
In 1890, the Waterford Standard published an article announcing, or perhaps warning readers, that luminous harness had been patented. A horse being driven at night “looks like a sheet of lightening. There are luminous match boxes, and luminous ghosts to scare away grave robbers. After every great grave robbery metallic coffins come in by the score…” “one coffin surrounded by bars of wrought iron, binding the casket and extending out from it at such a distance that when set in the earth it would be impossible to move it except by derrick” (Waterford Standard, Sat. 30 August 1890, p. 4). It appears obvious that body snatching or grave robbing continued to be a concern locally.
In Glenmore right through the early 20th century, after a funeral the chapel door would be left open and the chief mourners would spend a certain number of nights in the chapel to ensure that the new grave would not be robbed. Nicholas Forristal (1888-1979) of the Mill, Graiguenakill, told Danny that prior to around 1880 a man who lived at the bottom of the “churns” in Glenmore used to dig up a fresh corpse, place the corpse in a large basket in a horse drawn cart, drive the corpse into Waterford and sell it to a doctor who would use the corpse for training new doctors. The man on his return trip from Waterford was said to fill the basket with bread and bring it back to Glenmore. No newspaper report has been found regarding any body snatching or grave robbing occurring in Glenmore in any of the cemeteries. It may have been a fireside story told to entertain the young and based on events that occurred elsewhere and reported in local newspapers. For further information on Glenmore funeral practices see our previous post of 8 December 2019.
The drawing of William Burke above was made by a portrait artist who sat on the jury of the murder trial. Available at
https://commons.wikimedia.org/wiki/File:William_Burke.jpg.
The featured photo above is the Kilcolumb grave yard taken in 2019 by Louise Walsh.
Please send any additional information or corrections to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
From Danny’s Files: The Glenmore Garda Station [Updated]
Danny Dowling in his quest for information concerning Glenmore and its people corresponded with various agencies from the Naval Historical Center of the U.S. Navy to the Garda Siochána Archives. Although Danny was unable to verify that a Glenmore native was killed while serving on the U.S.S. Maine in Havana Harbour in 1898, Danny was able to obtain correspondence concerning the early Glenmore Garda Station. This correspondence not only provides information concerning the local Garda Station, but it also gives a fascinating glimpse into the early workings of the Free State. Lacking in the correspondence is any indication as to why the presence of Garda in Glenmore was so important to generate the correspondence where the “occupation” of Glenmore was deemed important. As we highlighted in a previous post of 11 April 2020, the Glenmore R.I.C. Barracks was burned in 1920 by the Glenmore Company of the old I.R.A.
Occupation of Glenmore
In early February 1924 a memo was sent to the Garda Commissioner regarding the “Occupation of Glenmore.” Notwithstanding this interesting choice of words, it was noted that the Board of Works apparently located a temporary accommodation in Glenmore but the owner was not willing to rent the house. The Board of Works wanted to know whether it should proceed to “commandeering under the Acquisition of Premises Act.” In turn on 21 February 1924, a letter was written to the “Minister of Home Affairs” noting that there was no suitable accommodation in Glenmore for the Garda except for a cottage belonging to Mr. Dalton, of Waterford. The owner offered the house for sale but refused to rent it to the Garda. “Under the circumstances the Commissioner is of the opinion that the Board of Works should be urged to negotiate for the rebuilding of the old R.I.C. Barracks at Glenmore so as to provide accommodation of a suitable permanent nature for the Garda.” Then 11 days later, on 4 March 1924, a second letter was sent to the Ministry of Home Affairs stating that the Commissioner was of the opinion that the “provision of the Civic Guard (Acquisition of Premises) Act 1923 should be brought into operation in order to secure the vacant cottage belonging to Mr. Dalton, for the use of An Garda.” Although it is not clearly stated in the correspondence one interpretation could be that the Commissioner was seeking both a temporary and permanent accomodation in Glenmore to provide immediate services to an area without police since 1920.
The Garda Commissioner received a response letter dated 22 March 1924, where it was queried if “it has been definitely decided to have a Garda Station permanently at Glenmore…” The Board of Works had stated that the “landlord of the old Royal Irish Constabulary Barrack has received compensation for the destruction of the house. He will not rebuild but is understood to be willing to sell the site and ruins.” If a permanent Garda Station is required for Glenmore the Board of Works would be instructed to open negotiations with the landlord with a view to submitting the proposal to the Ministry of Finance for authority to purchase the site and ruins and to restore the building as a permanent station for the Garda. The owner of the site and ruins was Lord Bessborough although his name does not appear in the letter.
Two days later the Commissioner wrote to the Kilkenny Chief Superintendent informing him that the Board of Works were of the opinion that securing Mr. Dalton’s premises “would scarcely be worthwhile.” The Chief Superintendent on the 24th stated he only recommended it “owing to the very urgent necessity for the Guards in this area.” He noted that the purchase and rebuilding of the old R.I.C. barracks would require a couple of years. Ultimately the Board of Works concluded terms for the purchase of the site and ruins in late November 1924 and on 3 December 1924 the Commissioner was advised that “the legal steps for the conveyance are now in progress.”
On 23 December 1924 the Chief Superintendent received a letter from the Thomastown Superintendent that a vacant house was located in Weatherstown, Glenmore for Garda accommodation. The house was visited and Mr. Fitzgerald, the owner, agreed to rent it for £25 per year. The house was located 1.5 miles from the Village and 3.5 miles from the Glenmore Railway Station, 6 miles from Tullogher, 5 miles from New Ross and 7 miles from Mullinavat. After erecting a “dry closet” (a.k.a. outhouse/privy) the Weatherstown Garda Station received three gardai from Thomastown on the 24th of January 1925. For the first time since 1920 there was an operating police station in the parish of Glenmore.
Repairs to the Old R.I.C. Barracks were completed and on the 3rd of November 1925, the key of the Weatherstown Garda Station was returned to Mr. Fitzgerald. The only item not completed at the Glenmore Village Garda Station was the installation of a cooking range. “Although the Barrack is suitable for the permanent accommodation of An Garda, married quarters are not available.” Within 20 days of occupation a request was made for the installation of a telephone. It was noted that the “cost of installation would be small as the wires pass close to the barracks.” (Letter DC/1806/23 dated 23 Nov. 1925).
[Update 10 April 2022: Amazingly the Civic Guards taking over the old R.I.C. barracks at Glenmore was reported in the New York newspaper The Advocte (Sat. 18 Dec. 1925, p. 5). It was noted that these barracks were “wrecked during the troubled times and recently repaired.]
The Glenmore Water Scheme
A lull in correspondence occurred until an article was published in the Kilkenny People on 21 March 1931. The article stated that the Board approved a new water supply for the Village of Glenmore as the public water available was unfit for human consumption. The article was attached to letter dated 26 March 1931 asking the Commissioner to approve the Glenmore station for “private water supply” at the estimated cost of £2 per annum. This letter, written by J. Murphy, provides interesting details concerning the conditions in the Station. “The old village pump is situate about 140 yards down a steep incline from the Garda barracks,” and under the new scheme it is here that the public tap would be provided. For information on the pollution of the Glenmore public water, we previously published an article on the Glenmore water scheme on 23 May 2020.
During the summer months it was reported that about 30 gallons of water was needed in the Glenmore station for domestic and other purposes. “The Barrack servant provides only what is necessary for household use, and the remainder is provided by the Station party at an expense of approximately £3.10.0 per annum. I was not aware until now that the Station party were paying for the carriage of water to the Station…The expense is not shown in the Mess Book as the money is paid from a reserve fund on hand at the Station as a result of discount received on mess bills.” Thus the Station had a servant who carried the water from the Creamery to the Station. The village pump was located in front of where the pub is now and described in the letter as being on a “steep incline.” Instead the water came from the local creamery pump which “is situate about 300 yards from the Station, with the consent of the manager.” No mention is made of the steeper incline between the Station and the creamery or further reference to the “reserve fund.”
When J. Murphy did not receive a response he sent a memo dated 14 May 1931 to Commissioner “A” noting that should his recommendation that a private water supply be provided to the Glenmore Station it would be necessary to advise the contractors as the work on the scheme had commenced. He noted that “…special piping to which connections can be linked up will only be provided where ordered…” In December 1931 a private water supply was approved for the Glenmore Garda Station and the connection was made in January 1932.
In August 1934 the Glenmore Garda Station made a request for a “bucket or receiver for use in closet.” It thus appears that although the Station received running water in 1932 no sanitary improvements such as a flushing toilet followed. In October 1934 a list of works and repairs was made. In addition to the painting and distempering of various walls and ceilings in the kitchen, day room, hall, stairs and sergeant’s office and bedrooms the strong room walls required white wash. The strong room was a cell which was located at the back of the building. It was also noted that the water supply should be extended to the wash house with three basins and taps to be provided. “The lavatory is of the pail type and is unsuitable owing to its close proximity to the kitchen door a flush lavatory or septic tank should be provided.” The Board of Works invited tenders for repairs and the contractor hired was M. Bailey of New Ross with work to be completed on the 5th of December 1934. However, the extension of the waterline to the washhouse and the lavatory were recommended but not approved for tender.
In March 1936 the request to extend the water line to the wash house and the provision of flush lavatory and septic tank was renewed. It was also requested that two window blinds be fitted to the bedroom windows as the rooms face the street and have neither shutters nor blinds. Here the correspondence file ends. It is believed that the station did obtain a flushing lavatory, but it is not known when this occurred.
Lastly, the file contains a handwritten list of Sergeants stationed in Glenmore from 1932 to 1997:
1932-1935 John Mullane
1935 Corneilius Tully
1936-1938 Nicholas Garvey
1939-1956 John Dalton
1957-1964 James Flynn
1965 VACANT
1966-T.D. Malone
1967-VACANT
1968 D.F. Bulger
1969-1970 M. Murphy
1971-1974 A.J. Hallissey
1975-1976 J. O’Sullivan
1977-1979 P.F. M’Govern
1980-1981 F.J. Stafford
1982-1985 No Directories
1985-1997 VACANT
Please send any corrections or additional information to glenmore.history@gmail.com. Special thanks to Jackie Walsh for the photo of the the Glenmore Barracks after it was set on fire by the local Company of the Old I.R.A.
Next week we are going to highlight Garda Sergeant Nicholas Garvey and the story of how he met his Glenmore bride.
Dr. Kathleen Moore Walsh
Counterfeiting in Glenmore
During the Famine the local newspapers were full of articles where people were arrested and convicted of “coining” or counterfeiting coins or passing or possessing counterfeit coins. Today, we are going to highlight a counterfeiting case involving a Glenmore farmer who paid part of his rent with counterfeit sovereigns. The sovereign was a gold coin introduced in 1817 as part of the Great Recoinage of 1816 to replace the guinea. The guinea was worth 21 shillings or £1.05 and the gold sovereign was worth £1. Interestingly the Great Recoinage was deemed necessary to stabilise the British currency after the French Revolution and Napoleonic Wars caused severe economic problems in Great Britain. The sovereign continued to be in circulation until World War I, but remains legal tender in the UK today.
The following short article appeared in the Waterford Chronicle on Saturday the 21st of March 1846 (p. 3). The case was then reported in several other newspapers including the Kerry Examiner (27 March 1846, p. 3).
“COINING. On Monday last two men named Walsh and Sweeny, farmers from the county of Kilkenny, near Glenmore, who were of good character hitherto, were arrested on a charge of coining and committed to prison. The particulars of the case are as follows: the coiners came to pay rent to their landlord, to whom they paid nine sovereigns and some notes; they received receipts and departed. In short time after the money was sent to the bank, where the gold was discovered counterfeit, but the notes were good. The following morning Constable Hughes proceeded to the residences of the prisoners, and there found some coining utensils, for making sovereigns, as well some stamps for half crowns, which, together with some metal found in the same place, the constable brought into town. The persons charged are fully committed for trial.”
The following week, two national newspapers the Pilot and the Freeman’s Journal, quoting a Waterford Freeman article, supplied more details concerning the event. Interestingly the Waterford Freemen ceased publishing in 1847 because subscribers failed to pay their subscriptions. These articles reveal that a farmer named Peter Walsh, a resident of Weatherstown, Glenmore, on the 18th of March went into Waterford City to pay his rent to his landlord Mr. Robert Smith. According to the newspaper he tendered good notes for £6 and 9 sovereigns which were “base coin.” The landlord did not suspect that the coins were counterfeit until he went to lodge them in the bank and the bank informed him that the 9 sovereign coins were not real. Sergeant Hughes was informed and he arrested Peter Walsh and a labourer named Sweeny. At the time of his arrest Peter Walsh had on his person “three bad sovereigns, two base half crowns, mixed with good coins and 9 base half-crowns concealed.” The labourer Sweeney had one bad half crown. Hughes went to Walsh’s residence where he found “the instruments for casting the coins, the dies, the metallic substances, the receipts for polishing, and chemical ingredients. Waterford Freemen.” (The Pilot, Wed. 25 March 1846, p. 1).
On the 3rd of April 1846, Peter Walsh, of Weatherstown was granted bail on the application of Mr. Hassard, a solicitor. The court required two sureties’ posting £40 each. “Walsh, the farmer, from Weatherstown [was] committed to the city jail on a charge of passing base sovereigns a few weeks back” (Waterford Mail, Wed. 8 April 1846, p. 2). Thus, for attempting to pay his rent with 9 counterfeit coins valued at £9 two men had to post £40 each in order for Walsh to be released on bail. Unfortunately, this is the last newspaper article concerning the counterfeiting and no where is the first name of the labourer Sweeney provided or whether he continued to languish in jail.
That may have been the end of the story except for the parish records and a headstone in Glenmore cemetery. From the parish records we were able to discover that a Peter Walsh, of Weatherstown, was married to Anastatia Murphy and had 7 known children: [1] James Walsh, bapt. 2 Dec. 1836; [2] Mary Walsh, bapt. 18 Mar. 1838; [3] Patrick Walsh, bapt. 1 Dec. 1839; [4] John Walsh, bapt. 19 July 1841; [5] Edmund Walsh, bapt. 17 June 1842; [6] Michael Walsh, bapt. 23 Aug. 1844; [7] Bridget Walsh, bapt. 19 April 1846. All of the children when baptized had an address of Weatherstown, except Bridget who was born about a month after Peter Walsh, of Weatherstown was arrested. Bridget Walsh’s address was provided as Busherstown, Glenmore.
The only headstone with the name Peter Walsh, in the cemetery adjacent to the Glenmore Parish Church, has the following inscription:
Erected by Mary Walsh, of Weatherstown in memory of her grandfather Michael Walsh and her grandmother Mary Walsh. Her father Peter died in 1847. Her mother Anastasia Walsh née Murphy died in 1862 (sic). Uncles Patrick and Micheal Her sister Bridget Gahan née Walsh died in America 1856 (sic) aged 42. Her brother James died 17 May 1908, aged 72.
Danny Dowling interviewed Martin Cody, of Weatherstown, Glenmore in May 1977. Martin stated that the Walsh family had a farm of 40 Irish acres in Weatherstown, Glenmore. The last of the male line of this family in Weatherstown, was James Walsh who remained a bachelor and died in 1909. He lived with his sister Main Walsh, who never married. Main or Mary Walsh died in 1919. Jim and Main spoke Irish. Their land went down to Connolly’s Cross and the old name for that part of Jim Walsh’s farm was “Flohanins.” In 1977 Martin said that the Walsh farm was owned by William Fitzgerald of Weatherstown. His father brought it. A sister of James and Main Walsh married Tom Gahan, another native of Weatherstown. They emigrated to Boston and had two sons Frank and John. Frank Gahan fought with the US Army in Europe during the First World War and visited Weatherstown at that time. Lastly, Martin stated that the Walsh’s mother was one of the Sé Óg Walshs of Tullogher, and Jim and Main were first cousins of Dickie Doherty of Ballinlammy, Glenmore.
From the parish records we believe that it was the Walsh’s grandmother, rather than mother was one of the Sé Óg Walshs of Tullogher. Also, the 1901 census reveals that Anastatia Walsh née Murphy was an 87-year-old widow in Weatherstown living with her son James Walsh and daughter Mary Walsh. James Walsh was 60 years old and Mary Walsh was 57 years of age. Also reported in the household was Andrew Cashin, aged 30 who was listed as a domestic servant with the notation “idiot”. We were able to verify that James Walsh, died on the 17th of May 1908 at Weatherstown and James Synott was present when he died. The 1911 census reveals that Mary or Main Walsh was living alone and her landlord is listed as Patrick Fitzgerald. It is assumed that when her brother Jim died she sold the farm to Patrick Fitzgerald but continued living in the farmhouse.
We also verified that Bridget Walsh, of Weatherstown married Thomas Gahan on 16 August 1881 at Glenmore. The first record located in Boston reveals that in 1883 Thomas Gahan was living at 20 Beach Chsn. and working as a labourer (Boston City Directory 1883). The couple in addition to sons Frank and John also had a son Peter who died on 18 April 1885 of measles at the age of 2. Bridget Gahan née Walsh died on 10 Dec. 1887. She and her son Peter are buried together at Mount Auburn Cemetery, Boston. Bridget’s year of birth is incorrectly recorded as 1852 instead of 1846. We were unable to locate a 1919 death record for Mary/Main Walsh and we did find that another brother of Jim and Mary or Walsh. Michael Walsh (bapt. 1844) (farmer) married Catherine Mackey, of Weatherstown, on 23 September 1866 at Glenmore. She was the daughter of Philip Mackey (farmer) of Weatherstown. There was only 1 child located for this couple. Anastatia Walsh was born on 20 January 1867 in Weatherstown. It is not known if the family emigrated or remained in Ireland.
Danny Dowling also recorded information provided by Nicky the Miller Forristal in November 1977. Nicky revealed, “Old Jim Walsh and Main Walsh, of Weatherstown were brother and sister. They had a farm. Jim Walsh was known as “Bothered Jim.” He was kind of deaf and used to talk high. He was a big man. Old Cashin, the shoemaker, was invited out by Jim Walsh to visit him. The invitation extended over a long time, and finally Cashin did visit him, thinking he was going to have a great evening with a few drinks thrown in. After sometime Jim said to Main ‘get a pawpeen for Cashin.’ That was all he got.”
Lastly, from the information provided on the headstone Main Walsh erected we were able to trace the Walsh family, of Weatherstown, back another generation.
The parents of Peter Walsh (1809-1847) were Michael Walsh, of Weatherstown and Mary Walsh née Walsh of Tennefala, Glenmore. Tennefala is near Rosbercon, Tullogher. Per the baptismal records, the following children were born to this union: [1] Bridget Walsh, (bapt. 28 Jan. 1798); [2] John Walsh (bapt. 7 May 1802]; [3] Mary Walsh (bapt. 2 June 1807); [4] Peter Walsh, (bapt. 28 Aug. 1809); [5] James Walsh, (bapt. 30 July 1812); [6] Patrick Walsh, (bapt. 7 Aug. 1815) and [7] Michael Walsh, (bapt. 23 Jan. 1820).
The grandfather of Peter Walsh (1809-1847), Michael Walsh, was baptised on 19 August 1773 at Weatherstown, Glenmore. Michael was the son of Peter Walsh and Mary Walsh.
Given the fact that Peter Walsh was quickly released on bail, that he had a solicitor, and no record of a trial could be located it may be the case that the landlord, Robert Smith, was not interested in prosecuting so long as the rent was paid. There is no conclusive proof that the Peter Walsh, of Weatherstown, charged with counterfeiting in 1846 was the Peter Walsh (1809-1847) of Weatherstown, but he is the most likely candidate at the moment based upon the available records.
Dr. Kathleen Moore Walsh
The featured photo above is an 1843 gold soverign coin featuring a young Queen Victoria.
The Sentencing & Execution of Patrick Donovan
Today, for our third and final blog concerning the murder of Michael Rigby in Kilbride, Glenmore in 1841 we are going to highlight the extraordinary exchange between the judge and the convicted Patrick Donovan as reported in the Kilkenny Moderator (Wed. 11 Aug. 1841, p. 3). The lecture by the judge, Baron Pennyfather, provides an insight into the religious convictions of the time as well as his thoughts concerning the evidence. The contempory newspaper account of the execution is provided as well as additional information regarding the victim, the defendant, some of the witnesses etc., and the land. We conclude with a short summary of Baron Pennyfather’s most famous case with Daniel O’Connell which illustrates his integrity as a trial judge.
The Sentencing
The morning following the jury returning a verdict of guilt, Patrick Donovan was returned to the court for sentencing. The clerk of the crown (Mr. Curtin) asked Patrick Donovan if he had anything to say why a sentence of death and execution should not be carried into effect according to law.
Patrick Donovan—”If I am hung tomorrow, I will come to the judge and declare to him the truth; I will rise from the ground and speak to the judge and jury, and them that I am not guilty of the murder. I am as clear as the morning dew of it; and I said the same thing to Father Gannon today.”
Baron Pennefather—”Patrick Donovan, you have made a declaration which every one who has heard your trial and attended to the evidence must be satisfied is untrue. You have declared, and may persist in declaring your innocence in this world. If you be innocent (and quite the reverse appears) that innocence will be known to the Great Judge of the World. He must know and does know the inmost secrets of the heart, which are concealed from human eyes; and if you be innocent…” According to the newspaper Donovan interjected, “Yes, I am.”
Baron Pennefather—”If you be innocent, He in another world will view you and consider you as such; but I should ill discharge my duty to you or to the public, if I were to suffer your declaration of innocence to affect the course of the law of this country. You have been convicted upon evidence which removed every doubt from the minds of the respectable jury before whom you were tried—they maturely considered the evidence, and if they had a doubt would have given you the benefit of it, according to my direction. I told them that your life depended upon the verdict of guilty, if not satisfied beyond a doubt of your criminality. They heard me patiently, and after three hours given to the consideration of the evidence, came to the conclusion that you were guilty of the act of depriving a human being of his life who never offended you—who never raised an arm against you. You sent him, without a moment’s notice—without a moment for preparation—to meet his God, and deprived him of his life by breaking his head to pieces with a heavy implement. Was not the case fully brought home to you? Was it not fully established by evidence which could not be controverted? Independently of the unhappy man [Walsh] who witnessed the deed, and who had no motive for coming forward to accuse you, but perhaps he was not altogether innocent of the murder, having been in your company not only before but after you perpetuated the deed—independently of his testimony, was it not proved by evidence which could not be questioned, that no other person could have committed the murder: No other man had enmity against the deceased, and the unfortunate man’s life [Rigby] was spared by the interposition of providence so long as to enable him to declare to his son that you were his murderer. God Almighty spared his life until he should be an instrument in bringing his assassin to justice. Can you after such evidence—can you after the man upon the verge of eternity, and about to meet his God had declared you guilty, can you persist in asserting your innocence? No man who heard the evidence can believe you. I beseech you then, as you regard the welfare of your soul, as you regard your eternal mises of happiness, because it is not too late even for you to hope for forgiveness through the mortis of our Saviour, I beseech you not to persevere in the assertion of that which is untrue, and ask to add to the guilt you have already perpetrated the denial of your offence before that God who cannot be deceived. No remission can take place in your sentence. What persecution did you receive from the unfortunate deceased? After your landlord thought fit to dispossess you from a farm for non-payment of rent and broken covenants, Rigby took those four acres, for which you deprived him of his life.
Amazingly at this point Donovan corrected the judge indicating that it was—Two acres of land.
Baron Pennefather—That is not now of importance, except so far that it shows you had less excitement to operate on your mind.
Prisoner—Don’t take heed of any backbiting.
Baron Pennefather—I have heard nothing of you but on this trial, and nothing but the evidence on which you were found guilty.
Prisoner—I was found guilty in the wrong.
Baron Pennefather—I would not do my duty if I did not warn you to prepare for your death, and it is not in my power in any manner to avert it. The learned judge then put on the black cap, and sentenced the prisoner to be hanged on Saturday, the 28th of August, and his body to be buried within the precincts of the goal. The prisoner, whose demeanor was reckless and yet not firm, was then removed from the dock, amid the crying and exclamation of his relatives.”
The newspaper account ends with the statement that Donovan subsequently confessed his guilt, but no further details are provided concerning the alleged confession. The oddly named Kilkenny Journal, & Leinster Commercial & Literary Advertiser, whose editor had been highly critical of the Kilkenny Moderator in May concerning its reporting of the arrest, also reported on the trial. One of the differences in the Journal’s account of the trial was the fact that the defence barrister strongly objected to the introduction of the dying declaration of Michael Rigby naming Paddy Donovan as his killer. It was also reported that Donovan had only married the widow and obtained the land two years before he was evicted, and the eyewitness John Walsh testified through an interpreter as he was an Irish speaker (Sat. 7 Aug. 1841, p. 3).
The Execution
Patrick Donovan was hanged in front of the Kilkenny gaol on the 28th of August 1841. “His appearance at the place of execution was contrite and edifying. He made no declaration in public, but on different occasions since conviction he admitted the justice of his sentence, and made full acknowledgment of his guilt” (Waterford Chronicle, Sat, 4 Sept. 1841, p. 8).
Although most newspapers only published a few sentences concerning the hanging the Kilkenny Journal (Wed. 1 Sept. 1841, p. 2 ) provided the following detailed account of the event.
“On Saturday, the unfortunate man, Donovan, convicted at our last Assizes of the murder crowd of persons were collected round the scene of the execution from an early hour, and the time when the unhappy man appeared on the drop, there could not have been less than 5,000 people present. A large body of Police, with two companies of the 99th regiment, were placed within the enclosure opposite the Gaol. At half-past one o’clock, the prisoner, accompanied by the Rev Messrs. Doyle and Kavanagh, who were most unremitting in their attendance upon him ever since the time when the awful sentence of death was pronounced against him, left his condemned cell, and proceeded through the corridors of the gaol towards the place of execution. He appeared to be deeply impressed with the near approach his untimely end, and from the deep contrition, and the Christian-like resignation, which evinced, he seemed to have treasured within his soul the solemn and wholesome admonitions of the excellent clergymen who supported him in his hours of tribulation. He was a man of athletic frame, and just in the prime of life; and no doubt, his death will serve as a warning to many not to allow themselves to be carried away by the impulse of their passions. His appearance was indicative of firmness throughout, and in reciting the various religious responses, & in going through his other devotional exercises, he evinced great presence of mind and deep and fervid contrition of heart. On entering the execution-room, he seemed somewhat weak, but he rallied, and after joining for some time in prayer, he gave himself over to the executioner. The necessary arrangements having been perfected, the bolt was withdrawn, and in a few minutes he was launched into eternity. He died almost instantaneously, and with scarcely a struggle. The crowd soon afterwards separated.”
Other Information
The Murder Victim
Thanks to Ann Fitzgerald and Patty Brown we know that Michael Rigby (c. 1790-1841) married Nelly Neil and the couple had at least 7 children. [1] Thomas Ribby (sic) (bapt. 24 Dec. 1809); [2] Daniel Rigby (bapt. 12 Nov. 1811); [3] Else Rigby (bapt. 19 Nov. 1813); [4] James Rigby, bapt. 9 July 1816; [5] Richard Rigby, bapt. 7 March 1820; [6] Thomas Rigby, bapt. 17 Feb. 1822; [7] Michael Rigby, bapt. 14 April 1825. At the time of the murder in May 1841, Daniel Rigby (described by Hanrahan as the eldest son) was newly married to Margaret Rigby on 22 Feb. 1841. The year after the murder James Rigby married Catherine Rigby on 19 June 1842. Thus, two Rigby brothers from Ballyveria, Glenmore married two Rigby sisters from Ballinacrea, Slieverue. A review of the Tithe Applotment Books reveals that in 1830 F. George Caulfield was the landlord of Ballyveria and Michael Ribby (sic) occupied 24 acres in the townland. At Christmas 1840 he acquired the four acres thus at the time of his death it is believed that he occupied 28 acres. Some of his children emigrated to the US and some remained in Ireland.
[Update 28 July 2021: Per Patty Brown and Ann Fitzgerald– Else Rigby married Kieran Dollard and they emigrated to Norfolk, Virginia in 1851. Her brother Thomas Rigby emigrated with them; her brother Michael Rigby joined them in 1852; and her brother Richard Rigby in 1855. Of the Rigby brothers who emigrated to Norfolk only Thomas Rigby married (Bridget Moloney) and died shortly thereafter in 1854].
The Fields
Danny Dowling would always advise in untangling local farming families to track the land. Following this advice, this week several local farmers noted that the two fields that were the cause of the murder are now owned by Michael Phelan, of Darbystown. It was recalled that Michael Phelan’s aunt married a Rigby, they had no family,* and she left the land to her nephew Michael Phelan. A marriage record was located for Daniel Rigby of Ballyveria and Catherine Phelan of Ballyfacey who married on 10 July 1940. Daniel Rigby (1882-1966) was born on the 23rd of December 1882 at Ballyveria, the eldest son of Michael Rigby (1842-1934?) and his wife Anastatia Roche (married 1 March 1881). Michael Rigby (1842-1934?) was baptized 4 March 1842, just 10 months after his grandfather was murdered. Michael Rigby (1842- 1934?) was the eldest son of Daniel Ribby (sic) (1811-1889) and Margaret Ribby née Rigby (c. 1811-1897).
*Correction–Dan Rigby and his wife Catherine Phelan had a son Michael Rigby who died in 1971. After Dan Rigby’s death Catherine married Michael Tobin. Catherine Rigby, Tobin née Phelan died in 1982 at the age of 74.
The Defendant
From the facts reported during the trial it was known that Patrick Donovan was 28 years of age in 1841, married a widow and occupied the two fields for two years before being evicted in June 1840. Patrick Donovan was baptized on 6 March 1813 at Ballyveria the son of William Donovan and Anastatia Elvert (Aylward). In the 1830 Tithe Applotment Books, William Donovan was the occupier of 31 acres. Another Donovan is found in the townland, John Donovan who was the occupier of 33 acres. Patrick Donovan (1813-1841) had at least five siblings: [1] Honor Donovan (bapt. 26 Aug. 1803); [2] Patrick Donovan (bapt. 26 Oct. 1807-died before 1813); [3] Catherine Donovan (bapt. 27 May 1810); [4] Michael Donovan (bapt. 26 Mar. 1816); [5] James Donovan (bapt. 15 May 1817).
Patrick Donovan (1813-1841) married Alice Cody on 26 October 1837. Unfortunately, the marriage record does not record the fathers of the couple or whether Alice was a widow. A search revealed that an Alice Cody married James Walsh on 15 Feb. 1829. Two known children were born to this marriage [1] Mary Walsh, bapt. 13 March 1832 and [2] Philip Walsh, bapt. 17 May 1834. No further baptisms could be located. The only James Walsh in the 1830 Tithe Applotment Books for the area provides that a James Walsh is listed with John Colleton, Mary Colleton and Michel Colleton of Kilbride and occupying 85 acres. Patrick Donovan and his wife, Alice Cody had two known children [3] William Donovan, bapt. 10 Nov. 1837 and [4] Patrick Donovan, bapt. 7 Oct. 1841 (about five weeks after his father was executed).
A death record was located for an Alice Donovan, aged 80, who died on 6 November 1875 at Haggard, Glenmore, the widow of a farmer. William Donovan was present at her death. A death record was located for William Donovan, of Haggard, who died on 21 March 1882, of TB at the age of 44. His father-in-law Andrew Brien was present. A marriage record provides that William Donovan (farm labourer) married Anastatia Brien on 8 February 1869 at Glenmore. William’s father is listed as Patrick Donovan and Anastatia’s is Andrew Brien. William Donovan (1837-1882) and his wife had at least 8 children before his untimely death in 1882.
A baptismal record could not be found for an Alice Cody in 1795 in Ballyveria. However, a record was located for Alice Cody baptised 12 February 1804 at Milltown, Glenmore the daughter of John Cody and Catherine Neef. Later children of this couple were baptized at Ballyveria (Margaret Cody (1809) and Edmund Cody (1810). Thus, Alice Donovan née Cody (1804-1875) was 9 years older than her second husband Patrick Donovan (1813-1841), was widowed twice before the age of 40, and was 71 when she died in 1875.
Witnesses
John Walsh testified that he was in Ballyveria for 30 years. The 1830 Tithe Applotment Books reveals that John Walsh, of Ballyveria, occupied 9 acres.
Edmund Hanrahan (1802-1874) who was ploughing in a nearby field at the time of the murder was baptized on 21 September 1802 at Wetherstown (sic), the son of Michael Hanrahan and Anastatia Murphy. On 24 February 1827 Edmund Hanrahan, of Ballyfacey married Anne Denief also of Ballyfacy. The couple had at least five children, the youngest being born a week after her father testified in the murder case. [1] Alicia Hanrahan, bapt. 10 June 1828 at Kilbride; [2] Margaret Hanrahan, bapt. 6 Aug. 1831; [3] Mary Hanrahan, bapt. 11 Dec. 1833; [4] William Hanrahan, bapt. 13 Dec. 1836; and [5] Judith Hanrahan, bapt. 14 Aug. 1841. Edmund Hanrahan’s name appears in the 1830 Tithe Applotment Books for Kilbride, but he is listed with a number of others and does not appear to have a separate defined number of acres. The death register reveals that an Edmund Hanrahan, a married farmer, died on 26 January 1874 at the age of 75 in Tullogher.
Richard Grace—very little could be found regarding this witness. A Richard Grace was baptized on 28 May 1793 at Ballyfacey the son of Thomas Grace and Margaret Rigby.
The Judge
Richard Pennefather (1773-1859) was the Baron of the Exchequer in Ireland. He served an impressive 38 years on the bench and only retired a few months before he died at his home in Knockeevan, County Tipperary in 1859 at the age of 86. His most famous case was the 1829 Donneraile (Co. Cork) Conspiracy Case where he was one of two presiding judges. Seventeen men were charged with conspiracy to murder local landlords, and the only evidence against them was the testimony of an approver. An approver is a person who engaged in the crime but agreed to testify for the prosecution against the other defendants. In this case, the approver alleged that the defendants met in a tent at a fair and agreed in writing to murder local landlords. After four of the men were convicted Daniel O’Connell (1775-1847), upon payment of 100 gold guineas, took on the case and saved the lives of all the defendants save one. He did this by destroying the credibility of the approver on cross examination armed with a prior inconsistent statement made by the approver before a magistrate. However, this was only possible because Baron Pennefather himself sent for the prior deposition and when he received it he gave it to O’Connell in open court. Pennefather’s actions during the Donneraile Conspiracy case were cited with approval by Justice Hardiman (1951-2016) of the Supreme Court in 2007 (O’Callaghan v. Mahon [2007] IESC 17/1).
The drawing of Baron Richard Pennefather was done by William Tinsley (1804-1885) who was a Clonmel architect. He made several court room drawings while attending the trial of William Smith O’Brien for High Treason at Clonmel, Co. Tipperary in 1848. Interestingly Tinsley immigrated to the U.S. in 1851. The drawings were found by J.D. Forbes in the possession of Tinsley’s granddaughter in Crawfordsville, Indiana, who was researching the architectural career of Tinsley. Forbes (1953) “The Tinsley Portrait Sketches of the William Smith O’Brien Trial,” 83(1) The Journal of the Royal Society of Antiquaries of Ireland, p. 86-92 at p. 90).
If there are any errors, omissions or corrections please email glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh