From Danny’s Files: A 1911 Haggard, Glenmore, Malicious Injury Case
Within Danny Dowling’s (1927-2021) voluminous collection of newspaper clippings on Glenmore related events and people, we came across a short article concerning a malicious injury claim in 1911. Generally speaking, compensation was available in 19th century in the United Kingdom for various forms of malicious injury to various types of property. In Ireland, the main legislation included the Grand Juries (Ireland) Act 1836, and the Malicious Injury Act 1861. Reforms were introduced by the Local Government (Ireland) Act 1898. The 1898 Act broadened the categories of damage that could result in compensation, but the cases were now tried in courts rather than before Grand Juries.
After the 1898 Act, the applicant was required to prove all elements of his case including the existence of malice. If the case was made the awarded compensation was paid by the rate payers (i.e. property tax payers.) For a fascinating paper detailing the development of the Irish law see, , Niamh Howlin (2019) “Compensation for Malicious Damage to Property in Nineteenth-Century Ireland.”
The Haggard, Glenmore Fire
Sergeant McKirby, of Glenmore at noon on 13 May, 1911, took a report from John Grace of Ballinlammy, Glenmore. John Grace reported that his unoccupied house at Haggard was found on fire at 8 a.m. Sergeant McKirby went to the scene, and arrived at 2:15. The house consisted of one room only 12 feet by 9 feet wide and about 4.5 feet in height. It was on Robert Grant’s farm at Haggard.
The roof, an old thatched one, had partially burned and collapsed. The roof which resembled a manure heap was still smouldering. Grace had reported that a timber bed, chair, box and a few other small articles of furniture were in the house when it burned down, but the Sergeant saw no signs of them. The Waterford No. 2 Rural district Council ordered its solicitor to defend the application John Grace made for compensation (Munster Express, Fri. 3 June 1911, p. 3).
The Hearing
The Kilkenny People (Fri. 17 June 1911, p. 7) covered the hearing on the Application for Malicious Injury. The newspaper referred to John Grace as an old age pensioner. Grace was seeking £50 compensation for the malicious burning of his house at Haggard, Glenmore.
Solicitor P.A. Murphy of Waterford represented the applicant, John Grace. Solicitor McCoy represented Waterford No. 2 Rural District Council, and Solicitor James Harte represented the Kilkenny Co. Council.
Grace testified that on the morning of the 30th of May his house and effects were completely destroyed by fire. He had not been living in the house for 7 or 8 weeks previously because boys were throwing stones at his door.
The Sergeant of Glenmore district testified. He stated that he believed the house was set on fire, but there was no malice connected with it as far as he could determine. Mr. Murphy then asked a strange question as he was representing John Grace. He asked the Sergeant, “If you have any reasons for suspecting that the old man burned it himself explain it to His Honor.” The Sergeant stated that it might be a nice way of getting a few pounds. He stated that John Grace was going to get married. In reply to a question posed by the Judge the Sergeant opined that he thought £3 or £4 would be a very fair compensation.
James Flanagan, engineer to the Waterford No. 2 District Council, valued the house for about £1. He would be able to rebuild it as it stood before the burning for 30s.
The judge stated that he was not satisfied that the burning was malicious, and even if it were he was not satisfied that the damage done was over £5. He dismissed the action.
John Grace (1837-1918) of Haggard, Glenmore
John Grace (1837-1918) was baptized 26 April 1837 at Haggart (sic), to Luke Grace and his wife Ellen Roche. The next record we could find was when John Grace married. John Grace (labourer) of Haggard on 18 February 1878, married Margaret Phelan née Neil (c. 1834-1909), a widow at Glenmore. His father Luke Grace was deceased, and Margaret’s father was James Neil, a mason.
Margaret’s first husband was Patrick Phelan (c.1844-1874) (labourer, son of Edward Phelan, labourer). Margaret and her first husband were married on 18 February 1868 at Mullinavat. Her address at the time of her first marriage was Fahee and his address was Farnogue. Patrick Phelan died of bronchitis on 26 September 1874 at Fahee. His father-in-law, James Neil, was present at Patrick’s death.
1901 Census
In 1901, John Grace, aged 62, worked as an agricultural labourer and lived in Haggard with his wife Margaret Grace who was aged 66. They were living in a 1 room house with a thatched roof which they rented from Robert Grant. It was a Category 4 house and was the worst house in Haggard. It apparently had no front windows. Strangely the Census records that only 1 person resided in the house, but it also records that both John Grace and his wife Margaret Grace resided in it.
From the description provided, It appears that the couple were living in 1901 in the same house that burned in 1911 and was the subject of the case.
Robert Grant, their landlord, was 30 years of age and living with his sister Stasia (aged 45) in Haggard. They had two servants residing with them: Bridget Fitzgerald (aged 23) and John Gaule (aged 10).
Death of Margaret Grace née Neil (c. 1834-1909) of Haggard, Glenmore
Margaret Grace (c. 1834-1909) died on 1 February 1909 at Haggard. She was 75 years of age. Her husband John Grace was present when she died.
1911 Census
John Grace was not living in Haggard when the census was taken. He also was not in Ballinlammy, Glenmore. John Grace, aged 74, a widower, was living with John and Bridget Roche, of Ballyquin, Farnogue, Mullinavat. John Grace is listed as a relative of the head of the household, John Roche (aged 35). John Grace’s mother was a Roche or it could be that his deceased wife was related to John or Bridget Roche.
In 1911, Robert Grant (c. 1848-1920) was 60 and living in Haggard with his sister Anastatia Grant (aged 56). They had two servants. William Breasdon aged 19 and Ann Murphy aged 26.
The Death of John Grace (1837-1918) of Haggard, Glenmore
John Grace, labourer, “from Glenmore” died on 23 July 1918 aged 82. He was a widower and died in the Union Hospital of Waterford of heart disease. There is no known headstone in St. James Cemetery marking the grave of John Grace (if he was brought back to Glenmore for burial). We could not locate a death notice or obituary. As Danny Dowling often remarked none die as well as the poor. There are few records of their lives.
****************************
See our post of 24 March 2023 regarding Haggard including the oldest newspaper article referencing Haggard. In 1803, a fire destroyed the cabin of Patrick Keefe, and he and his entire family perished in the fire.
Please send any corrections or additional information to glenmore.history@gmail.com .
Dr. Kathleen Moore Walsh