Crimes

Tucked into Danny’s voluminous collection was a copy of a newspaper account of the Kilmacow Petty Sessions in 1902 where several young Glenmore men were charged with assault. Three of the young men were Kennedys. In the 19^th century there were 7 Kennedy families living in Rathinure. Kennedys from Rathinure were related to the Kennedys of Newtown, Coolaneen and Ballinclare, Glenmore. Interestingly today there are no Kennedys in Rathinure although several current families descend from Kennedys. The last Kennedy to live in Rathinure was Larry Kennedy (1913-2002) (of the Faddie Kennedy family) and the last Kennedy of Rathinure was Cissy Kennedy (1930-2024) of the Pierce Kennedy family).  

Kilmacow Petty Sessions, 10 April 1902

At the Kilmacow Petty Sessions on 10 April 1902 there were a large number of assault cases. All these cases were adjourned until the next court date. Magistrates were Mr. De la Poer, Dr. Conn, and Mr. Graves. The complainants in these cases were P. Kennedy, Martin Kehoe, who had four cases; Peter Kennedy and John Kehoe. There were several cross summonses (Munster Express, Sat. 12 April 1902, p. 5).  Although it is not recorded in the newspaper one of the complainants John Kehoe died on the 5^th of April and this may have been the reason the assault cases were adjourned until May.

Apparently arising from the assaults, Sergeant Stapleton, of the Glenmore R.I.C. charged John Kirwan, publican, Ballyrahan, for allowing riotous conduct at his place. This charge was dismissed on 10 April 1902 (Munster Express, Sat. 12 April 1902, p. 5).

For further information on the closure of “The Shanty” see our post of 8 May 2023 . See Martin Forristal’s article “Mount Ida” for further information on the landlord Dr. Phillips-Conn of Mount Ida, Glenmore.

Oral Tradition of Incident

Statia Walsh née Kennedy (1922-1984) of Rathinure, Glenmore was the eldest daughter of Peter Kennedy (1878-1962) Rathinure and his wife Elizabeth Walsh (1884-1958) a native of Powerswood, Thomastown.  Although Statia was born 20 years after the 1902 event she recounted what she knew to her children primarily because it involved a number of cousins and neighbours. According to what Statia was told, and recounted, her father was at the Shanty with a number of young men from the area. A fight broke out between a Kennedy of Newtown and her father. During the fight Johnny Kehoe attempted to come to the aid of his first cousin, the Kennedy of Newtown, when Jim Kennedy of Rathinure struck and stopped Johnny Kehoe.

A short time after the fight Johnny Kehoe died, and Jim Kennedy was blamed for his death. However, a doctor proved that Johnny Kehoe died from his kidneys.

The Death of John Kehoe (1879 -1902)

John Kehoe, a 23 year bachelor (farmer’s son) died at the County Infirmary of Waterford on the 5^th of April 1902. According to the death register, he died of uraemia and had it for six days before his death. D. Walshe the Coroner for South Kilkenny held an inquest on 7 April, 1902.

John Kehoe was born 10 July 1879 at Rathinure the son of Richard Kehoe (farmer) and Margaret Costello. Richard Kehoe married Margaret Costello (c. 1845 -1899) of Ballymountain, at Kilmacow on 23 February 1873. Other children to this union included: Patrick Keogh (b. 1874); Margaret Kehoe (b. 1875); Martin Kehoe (b. 1876); Mary Kehoe (b. 1881); and Patrick Keogh (b. 1883). See our K surname page for details regarding the tragic death of Margaret Kehoe on the Quay in Waterford in 1899.

We know that an inquest was held into John Kehoe’s death in 1902. His death cert references it, and it was discussed in the next sitting of the Kilmacow Petty Sessions of 8 May 1902. Unfortunately we were not able to locate a newspaper article regarding the inquest.

Kilmacow Petty Sessions, 8 May 1902

Two different newspapers covered the case and the two accounts agreed only on what magistrates were sitting and what the outcome was for all the young men. The headline of the Munster Express article was, “Patrick’s Day Celebration at Gaulstown Results in quarrelsome young men being bound to the peace.” The headline in the Waterford News and Star, was “Free Fight at Gaulstown, Near Glenmore.”  Information obtained from the Munster Express, (Sat. 10 May 1902, p. 5) is marked ME below and information from the Waterford News & Star, (Fri. 9 May 1902, p. 7) is marked WNS.

The Kilmacow Petty Sessions heard the cases on 8 May 1902 before Magistrates Ulick Bourke, Resident Magistrate (presiding); A.E. Graves; P. Grant, Chairman Waterford No. 2 District Council and Arthur Brown. (ME) & (WNS)

Kennedy v. Keogh

Peter Kennedy summoned Martin Keogh for having assaulted him on the 17^th March. There were a number of summonses and cross summonses arising out of the same occurrence, M. P.A. Murphy appeared for Kennedy, and Mr. H.D. Keane appeared for Keogh. (ME)

Peter Kennedy deposed, in reply to Mr. Murphy: I am a farmer’s son and I live at Rathnure; Keogh also lives there, and is a farmer’s son too. He then preceded to give evidence as to the assault alleged to have been committed on him by Keogh, which took place after he had fought Thomas Kennedy on the road near Mrs. Kirwan’s house beyond “the ‘Shanty;’ Richard Roche, James Kennedy, and Richard Ryan were also present; after fighting Thomas Kennedy he was kicked in the thigh by Martin Keogh, whose brother, John Keogh, who had since died, was present (ME).

The complainant deposed to Mr. Murphy that on the 17^th of March, he was on his way home; he was accompanied by John Kennedy; they met the defendant [Martin Keogh] and Thomas Kennedy; the later pushed him into the ditch; and when he got as far as Mrs. Kirwan’s house he and John Kennedy sat on the ditch Thomas Kennedy who was accompanied by Richard Ryan, came over to him; caught him by the coat, and challenged him to fight; they fought and after the combat Martin Keogh kicked complainant in the hip; a fight then took place between him and Keogh.

Mr. Bourke [the Resident Magistrate] said the whole occurrence appeared to have been a general row, and the decision of the magistrates would probably be to bind them all to the peace. (ME)
Mr. Bourke—This thing was a fight instead of an assault. (WNS)

Mr. Murphy [for Peter Kennedy]: I have already suggested that the case should be settled. I don’t care whether my clients like it or not, but it appears to me it is one of these squabbles in which both parties were equally to blame.  (ME)
Mr. Murphy—It would be better for the parties to shake hands over the matter and go home. (WNS)

Mr. Keane: I would be very glad to acquiesce in the case of Thomas Kennedy against Peter Kennedy, but there is a case of wanton and aggravated assault by Peter Kennedy on Martin Keogh. (ME)
Mr. Keane: I would be willing to acquiesce in the remarks made by Mr. Murphy. There was a lot of evidence to be taken in the case, and if it was gone into their worships would see that a most aggravated assault had been perpetrated on Peter Kennedy by Martin Keogh. (WNS) [It is rather doubtful that Keogh’s representative, Mr. Keane, would argue that an aggravated assault was perpetrated on Peter Kennedy by his client Martin Keogh.]

The Waterford News and Star published that Richard Roche testified that he was not present at the outset of the row; he saw Thomas Kennedy and Peter fighting; Keogh subsequently kicked Peter Kennedy. James Kennedy deposed that he was looking at the row, but he did not see Keogh kick Peter Kennedy.

Keogh v. Kennedy

The hearing of the summonses was then proceeded with. In the case of Martin Keogh v. Peter Kennedy it was alleged defendant knocked plaintiff down and beat him about the head with a stone; also that he was kicked when on the ground by Richard Roche. (ME)

Mr. Bourke: Where are the marks on his [Keogh’s] head? (ME)
Mr. Murphy: His head was evidently harder than the stone.  (ME)
Mr. Keane: It is six weeks ago now since the assault. (ME)
Mr. Murphy: I know there are some good hard heads in Rathinure. (ME)
Keogh: They would want to be hard for that sort of work (laughter). (ME)

Mr. Murphy: asked the complainant [Martin Keogh] Patrick’s Day is a great day for a fight if there is a little beer in? (WNS)
Keough: It is. (WNS)
Mr. Murphy: You drown the shamrock on that day? (WNS)
Keogh: I suppose so. (WNS)
Mr. Murphy: And you thought the best way for winding up the celebration was to have free fight? (WNS)
Keogh—I did not. (WNS)

John Keogh’s Death Raised

Mr. Keane submitted that the evidence was quite conclusive regarding the assault on Keogh. John Keogh, his brother, who was present, was unfortunately dead— (ME)
Mr. Murphy: It is most unfair to draw the name of this young man who is dead into the case. (ME)
Mr. Bourke:  At the inquest it was shown the occurrence had nothing whatever to say to his death. (ME)
Mr. Murphy: I was at the inquest, and a very fearful charge was made, with the result that a young fellow was arrested. Two doctors proved beyond yea or nay that young Keogh died from natural causes. (ME)
Mr. Keane: I do not wish to couple the death of John Keogh with the matter in court today at all. (ME)

The Court’s Holding

Mr. Bourke said the court had made up their minds to bind all parties to the peace, with the exception of Richard Roche. Each would have to give security for his good behaviour for 12 months, himself in £10, and two sureties of £5 each. (ME) (WNS)

Identifying the Participants

Peter Kennedy (1878-1962) of Rathinure was the son of Thomas Kennedy and his wife Anastatia Irish. In 1921 Peter married Elizabeth Walsh (1884-1958) a native of Powerswood, Thomastown. The couple had 5 daughters. Ironically, Peter Kennedy died on St. Patrick’s Day 1962 exactly 60 years after the fight.

It is not altogether clear who was the person in the first fight with Peter Kennedy (1878-1962). The newspaper state it was Thomas Kennedy, however the 1901 Census does not show a Thomas Kennedy in Newtown. There was a Patrick Kennedy (aged 26) in Newtown (Aylwardstown) the son of Richard Kennedy (aged 70) and his wife Alice Kehoe (aged 60). The first article (Munster Express, Sat. 12 April 1902, p. 5) lists four complainants: P. Kennedy, Martin Kehoe, Peter Kennedy and John Kennedy. No T. or Thomas Kennedy was mentioned. There was a Thomas Kennedy in Rathinure; he was a brother of Jim Kennedy. It is doubtful that this relationship would not have been raised in court if the first fight was with Thomas Kennedy of Rathinure.

Jim or James Kennedy was one of the Faddie Kennedy’s of Rathinure. James was born on 15 May 1877 to Thomas Kennedy and his wife Catherine Phelan. In 1908, he emigrated to the U.S. with James Delahunty (b.c. 1877) of Aylwardstown).

Martin Keogh (1876-1954) was the brother of the deceased John Keogh (1879-1902). Martin married Bridie Walsh, of Smithstown, Tullogher and they farmed in Rathinure. Bridie was a first cousin to Larry Walsh of Rochestown (father of Martin Walsh (1918-1996) see our post of 31 Dec. 2023 regarding Martin Walsh).

Richard Roche, of Curraghmore, Slieverue, was only 16 in 1902. He and his family lived near the Shanty. It may be the case that he came upon the fight. According to the 1901 Census, Richard Roche was the son of James Roche (aged 59) and Kate Roche (aged 54). He had a brother Andrew (aged 17).

Please send any corrections, further information or photos to glenmore.history@gmail.com. The featured drawing is from a 1908 advertisement for boxing gloves.

Dr. Kathleen Moore Walsh