From Danny’s Files: Miscarriage of Justice? The Case of Patrick Aylward of Rochestown, Mullinavat (1860-1935)

In addition to Glenmore related information Danny Dowling also collected a vast amount of information concerning people and events in nearby parishes and cities. Today, we are going to highlight the unusual case of Patrick Aylward, of Rochestown, Mullinavat who was accused of murdering the 18 month- old child of a neighbour. This case generated lurid headlines, questionable trial tactics and undoubtedly was the subject of conversation for quite some time in Glenmore and other local parishes.

Patrick Aylward (bapt. 7 April 1860) was the son of James Aylward and his wife, Nancy Delahunty of Rochestown, Mullinavat. Patrick had six known siblings: [1] John Aylward (bapt. 30 June 1849) [his mother on the baptismal record is recorded as Nancy Carroll]; [2] William Aylward (14 Aug. 1853-20 Oct. 1922); [3] Mary Aylward (bapt. 24 July 1856); [4] Mary Aylward (bapt. 7 July 1858); [5] Bridget Aylward (bapt. 21 March 1862); [6] Edward Aylward (b. 17 Sept. 1863).

Per the 1911 Census only William and John Aylward were living on the farm at Rochestown, Mullinavat. William’s age was recorded at 58 and John’s was recorded as 62. Patrick had emigrated to the US where he lived in Connecticut until he returned to Ireland to help his two brothers. William died in 1922 shortly after Patrick’s return after 39 years in the US.

The Inquest

Most of the information concerning the inquest regarding the death of William Holden was gleaned from the Munster Express (Sat. 12 May 1923, p. 5) and the Kilkenny Moderator (Sat. 5 May 1923, p. 8).

On the 21^st of April 1923 William Holden, aged 18 months, the youngest of 9 children, suffered horrific burns to his back and arms. At the time the child was burned he had been left in the care of his 8 year old brother Patrick Holden. At five in the evening the mother, Mary Holden née Franklin left her four younger children in the care of 8 year-old Patrick. She told the Coroner that she went to Lisronan, about a quarter of a mile from her house to allegedly obtain an outfit for one of her children’s Confirmation. Although the country was turbulent she left the children alone and instructed Patrick to lock the door behind her. She alleged that William was in a bed not far from the fire, but although he was 18 months-old he could not walk or creep around the small house. At the time she left the children her husband, John Holden was at work. John Holden (c. 1862-1924) worked for James Malone, a farmer in Rochestown.

Mary Holden née Franklin stated that there was no fire screen; it was an open grate fireplace. The family burned wood. When she left the house she said that the fire was almost out. When asked whether the child had gotten out of bed and fallen into the kitchen fire she said it was impossible because the child could not walk or creep. She said that the other children could not lift him onto the fire. She said her husband came and told her that Willie was burned. She went home and found him in bed with burns. Her husband went to summon Dr. Coughlan of Waterford. She stated that her son Patrick said that Patrick Aylward had placed Willie on the fire. She testified that she had not been on good terms with Patrick Aylward for a long time.  They had a row over a spring on Aylward’s land and there was a dispute where he accused her children of removing a stick from a gap. She alleged that he threw a stone at her and stated “I have great suspicion because I think the man would do anything. He struck me last November for little or no cause.”

Patrick Holden did not answer the Coroner when he was asked if he understood what it was to take an oath. The Coroner took the child’s unsworn testimony. The child testified that he did not go to school and was not able to write his name. The child testified that Patrick Aylward came to the door, knocked, came in without saying anything and put Willie on the fire. The child testified that Willie did not scream and that Aylward was only in the house a few minutes. When he left he lifted Willie off the fire and doused his clothes with water and put him in the bed. When another man came to the door he did not let him in and when his father came in from work he told him what happened. The father, John Holden admitted that he had been in a mental institution for two years and that another child of the family had suffered severe burns and died.

Mr. Healy one of the inquest jurors questioned the evidence. The mother stated that the boy Patrick could not lift the child onto the fire, but Patrick Holden stated that he lifted the child off of the fire.

Patrick Aylward testified that he was a farmer and resided at Rochestown, Mullinavat. He testified that from four o’clock he was with his brother and a friend taking care of a sick cow. He stated that he did not visit Holden’s house. Patrick Aylward stated that the last time he was at the Holden’s house was about five months previously when her boys were chasing his sow. He went to tell the mother to keep her boys from chasing his sow, and he alleged that she hit him in the head with a scrubbing brush. He said that he hit her back. “I have nothing against her; she may have it against me.” Although the Holdens had access to other water he allowed them to use a spring on his land. Previously he had threatened to stop them using the well if her children did not stop using his spring well for their toilet.  

On Sunday, the father John Holden went to Patrick Aylward and accused him of putting his child on the fire. “Really I thought the man was crazy that was the first I knew of the child being burned. I didn’t believe it because I thought the man was crazy. I didn’t believe it until I saw the doctor come there….as far as I know this is the second child that was burned…  I can not believe that any man would be guilty of taking a child and putting it in the fire to burn.” Aylward went on to state that he could not bear to look at a child burning on the fire not to say to do it himself. A charge like that should not be brought against a man.

Dr. Coughlan did not travel to Mullinavat until Sunday morning. He knocked on the Holden door but there was no answer. He saw Patrick Aylward and asked him where the Holden’s lived. Patrick Aylward stated that the father had accused him of putting a child in the fire, but he thought the man was crazy. The doctor returned to the Holden home and Mary eventually answered the door. He sent the burned child to Kilkenny Hospital where he died later that day.

The Coroner supposed they were all inclined to sympathise with the parents, but he did not know whether they should sympathise with the mother having regard to the fact that she left this little child and two other little children in the charge of a boy 8 years and 7 months old.

The jury retired, and after a short absence returned with a verdict in accordance with the medical testimony—“that the deceased died from shock and toxaemia as a result of burns received” but that there was not sufficient evidence to show how the child came to get into the fire. “Mr. Healy—we consider that it is a matter for further investigation by the Civic Guard.”

The sequel to the inquest was that Patrick Aylward was arrested by the Civic Guard on a warrant for murder. He was brought before Mr. Molloy, District Justice, at a special court in Waterford Courthouse, and indicted on the capital charge. Formal evidence of arrest was given by Sergeant Jeremiah Kelly, of the Civic Guards stationed at Mullinavat, who deposed that he arrested the accused on a warrant at Rochestown and charged him with the murder of William Holden. After being cautioned Patrick Aylward said, “I did not do it.”

The Murder Trial

Most of the following information concerning the murder trial of Patrick Aylward was found in the New Ross Standard (Fri. 7 Dec.1923, p. 11).

The trial was held at the Commission in Green Street Courthouse on Monday the 3rd of December, before the Lord Chief Justice and a jury. The prosecution was conducted by Mr. Carrigan, K.C. and Mr. Dudley White, KC (instructed by the Chief State Solicitor). Mr. M. J. Leanon (instructed by Mr. P.R. Buggy) defended. The newspaper noted that there were no women on the jury.

Barrister Carrigan, said that the prisoner was charged with a crime, which, if proved against him, was as terrible a crime as anyone described as a human being could commit. He was charged with having taken a helpless infant from its bed, put it on a fire, and roasted it so that the child died within 24 hours. It might be thought inconceivable that such a thing could happen, but it would be proved that the child died of burns that could not have been inflicted by itself. Counsel went on to say that the prisoner could not be a normal man at all. The house in which he lived was not fit for human habitation. He kept cattle on the ground floor, and the place was a veritable cesspool and manure heap and he lived in a loft. The case would rest on the evidence of the children.

Dr. Matthew Patrick Coughlan, testified that he could not answer whether the child could walk, but noted the boy had rickets. He opined that the child could creep around the kitchen. When the State’s Barrister asked if the defendant was a degenerate the doctor replied, “yes. When I met him at first I made up my mind that he was mentally abnormal… A degenerate is a person whose reason does not always control his actions, and might be subject to ungovernable impulses.”

Although Patrick Holden had not been able to answer if he understood an oath at the inquest, and had never been to school, the newspaper stated that the child showed extreme intelligence. The child at the trial also altered the evidence he gave at the inquest and stated that Patrick Aylward came in and said, “What do you meant letting goats into the haggard.” The child added that Patrick Aylward then broke a mug before burning the infant. The State then called Patrick’s younger brother, Michael Holden, who also stated that he saw Pat Aylward burning Willie on the fire. Patrick Aylward was also said to have risen a stick toward Michael Holden and said to the boys not to tell their mother or he would kill them. These statements and acts were not in the deposition previously made. Mary Holden testified that the burned child was not able to creep and that Mrs. Malone, a neightbour, dressed the burns with cotton wool. Interestingly Mrs. Malone does not appear to have been called as a witness.

William Alldrick, a farm labourer, testified that the defendant had asked him which of the children was burned. Alldrick informed the defendant that he was being blamed for the burning. Alldrick testified that the defendant then stated, “Don’t you think I have a soul to save as well as anyone else, or what do you think I am?”

Dr. Bartholomew Hackett (Mountjoy Prison) testified that he kept the defendant under close observation. He believed him to be fully responsible for his actions.

In addition to Sergeant Kelly, testifying when arrested the defendant stated, “I did not do it,” James O’Keefe (farmer), and John Aylward, brother of the defendant, were examined in support of an alibi. Unfortunately, the newspaper provided no detail concerning what the two men testified to at the trial.

At twenty-five minutes past seven o’clock the jury retired to consider their verdict. After ten minutes the jury returned with a verdict of guilty, with a recommendation to mercy.  The prisoner declared—“I am not guilty at all. I have not been in the house for five months. God forgive the woman that put that lie on me, and God forgive the jury.”

The Lord Chief Justice amazingly said the jury could come to no other conclusion on the evidence. A majority of the jury had made a recommendation to mercy. He would have that conveyed to the proper authority. Meanwhile he sentenced Patrick Aylward to be executed on Thursday, December 27th.

The Stay of Execution

On the day set for his execution, The Minister for Home Affairs announced that on the advice of the Executive Council, Patrick Aylward’s death sentence was commuted to penal servitude for life (Freeman’s Journal, Thur. 27 Dec. 1923, p.5).  According to Colm Wallace, in Sentenced to Death: Saved from the Gallows (2016), several people including the Bishop of Ossory petitioned the government questioning the guilt of the elderly Patrick Aylward. The Bishop apparently mentioned the Holden family’s “bad moral character” as well as a previous incident where another Holden child burned to death in suspicious circumstances in 1910. Patrick Aylward was released from prison in 1932 and died 3 years later in Rochestown, Mullinavat.

The Holden Family

John Holden married Mary Franklin on 1 August 1905 at Owning, Parish of Piltown, Co. Kilkenny. His father was listed as Thomas Holden (farmer) and the bride’s father was listed as John Franklin (labourer).  John Holden and Mary Holden née Franklin had nine children. We were able to locate the following children: [1] Margaret Holden (bapt. 20 April 1906) (married John Whelan 28 Oct. 1936, Mullinavat); [2] Catherine Holden (bapt 29 Apr. 1907); [3] Thomas Holden (b. 11 June 1908-8 Nov. 1910) Per the death register Thomas died, aged 2, from burns “accidentally received.” [4] John Holden (b. 20 Sept. 1909); [5] Patrick Holden was born 14 Sept. 1924 at Owning, Piltown. [6] Michael Holden was born at Owning on 29 Sept.1916; and [7] William Holden (c. 1921-1923).

John Holden, died in the Thomastown County Home, just three months after Patrick Aylward’s death sentence was commuted. John Holden became an inmate shortly after his son William died in April 1923 (Irish Independent, Thur. 13 March 1924, p. 8). According to the death registry John Holden died on 6 March 1924 of senile decay at the age of 62 or 65.

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

Dr. Kathleen Moore Walsh