From Danny’s Files: The 1837 Killing of Michael Phelan of Rochestown, Mullinavat

In Danny Dowling’s files an article was found which was copied from the Waterford Mail (Sat. 15 June 1839, p. 2). It provides that Laurence Foley, who brutally murdered his landlord, Pat. Phelan, of Rochestown, County Kilkenny in October 1837 evaded arrest for two years. Foley was arrested in County Tipperary and identified by the mother of the deceased. According to the Ballyshannon Herald (Fri. 21 June 1839, p. 3) Foley was arrested by Chief Constable Roney and Head Constable Mason. This is an interesting pre-Famine case because no motive was revealed for the killing although the newspapers at the time drew attention to the fact that the victim was a landlord of the defendant Foley. However, it appears that the victim had a modest holding.

Unfortunately, the Waterford Mail published the wrong name of the man killed, and from the information presented it was not clear which Rochestown in Kilkenny was the home of the victim. The victim was identified as Patt Phelan, Michael Phelan and sometimes Whelan in the newspapers. Knowing that trial accounts often are the more reliable of newspaper information we located reference to the trial of Laurence Foley in the Freeman’s Journal (Wed. 24 July 1839, p. 1). Baron Foster arrived from Clonmel for the Kilkenny Assizes the previous day and opened the Kilkenny Commission in the County Court at 10 a.m. Baron Foster addressed the Grand Jury and stated that he was happy to be able to congratulate them on the state of the court calendar. There were sixteen defendants for trial. He said that it was gratifying to find that agrarian outrages had ceased in County Kilkenny. However, he regretted that of the few cases to be heard there were four homicides.  The totality of the report on the Laurence Foley case in this particular newspaper was that he was indicted for the manslaughter of Michael Whelan (sic) and found guilty.

Luckily, the Kilkenny Moderator (Sat. 27 July 1839, p. 20) provided details concerning the case that arose with the slaying of Michael Phelan (sic) near Mullinavat on the 3^rd of October 1837. From this article and a review of Griffith’s Valuation we were able to determine that the victim lived in Rochestown, Mullinavat rather than Rochestown, Glenmore.  The article provided the names of the jurors that heard the case: Richard Lalor, John Power, Edward Hunt, Edward S. Delaney, John Brenan, Anthony Nugent, James Butler, Emmanuel Fitzpatrick, Nicholas Cahill, Robert Walshe, Daniel Lalor, and Daniel Phelan.

The first witness to give evidence was John Phelan, a brother of the victim. John Phelan testified that the defendant, Laurence Foley, struck his brother Michael two years previously at Moonvoor, near Mullinavat. He had seen the defendant at the Mullinavat fair that day, and the defendant walked part of the way home with John and his brother, the victim. The brothers stopped at Patt Browne’s house on their way home to enquire about shoes that Browne was making for the victim. Soon after they went into Browne’s house the defendant Foley came to the door with a stone in his hand. Browne saw the defendant and as Browne went to push him out of the house the defendant dropped the stone. He then “caught up” a spade. With the help of the brothers, Browne pushed the defendant out of his house. The brothers then pushed the defendant outside the yard and “desired him to go home.” They turned to go back into Browne’s house and the defendant took up a stone and threw it at the victim, Michael Phelan, who was knocked down. John Phelan turned and saw defendant at the yard wall after throwing the stone. He heard one blow. The stone hit his brother in the back of the head. John immediately collared the defendant and tripped him up. When his brother did not rise he called out “murder.” He let go of the defendant and ran to his brother, but his brother could not stand. The victim lived till the following day. He did not see anyone other than the defendant near his brother when his brother was struck.

John Phelan testified that the defendant had taken “a sup” that night, and had been in the Police barracks that evening before he struck the victim. There had been no previous quarrel and he could not say why the defendant struck his brother. After striking the victim the defendant ran away, and the defendant left the place where he had been living. John Phelan admitted that he struck the defendant when he had him collared.

To questioning by the Judge, John Phelan stated that the defendant was not very drunk that night as  he was well able to walk and talk when he came to the door with the stone in his hand. John Phelan could not say whether the defendant said anything. Prior to the attack the three men walked about a quarter of a mile together. The defendant called Browne a Whitefoot. John Phelan stated that Browne was a cousin of the Phelan brothers. He admitted they were all in dread of the defendant Foley because he was a bad character. The defendant was their tenant for some ground.

Patrick Browne then testified that he was working in his shop on the evening when the Phelan brothers came in to look for a pair of shoes. They were with him a few minutes when he heard shouting on the street. The defendant came and called the boys out to fight. Browne wanted to keep the defendant out, but the defendant managed to enter his door. Browne wanted the defendant to go home. While Browne was pushing the defendant out of the door a stone dropped from his hand. The defendant then seized a spade, but they shoved him out.  The defendant then said to Browne, “You have my two landlords with you—to the devil with them—I’ll have my revenge.” He heard the cry of “murder” soon after, but when he heard it a second time he ran out and saw Michael Phelan nearly dead. He did not see the defendant then or later in the neighbourhood after that occurrence, nor since until the present assizes.

Doctor A. Cuilinan proved the nature of the wound which, he said, caused the death of the deceased. The Judge shortly “recapitulated the evidence” and the Jury, in a few moments returned a verdict of Guilty of Manslaughter. Foley was sentenced to transportation for 7 years.

The Kilmainham Prison Register provides that Laurence Foley, prisoner number 2405, was sentenced to 7 years for manslaughter by Baron Foster on 20 July 1839 at Kilkenny. The New South Wales, Australia, Convict Indents, 1788-1842 reveals that Laurence Foley, of Kilkenny, arrived in Australia on 8 October 1839 aboard the Nautilus although this appears to be too quick a sailing time even if the ship left immediately following the trial. Perhaps the 8 October 1839 date reflects the date the ship sailed from Ireland? The records reveal that Foley was 30 years of age, 5 feet 6 inches tall and had hazel eyes, brown hair and a fresh complexion.

Three Rochestown townlands were located in Kilkenny.  In the Griffith’s Valuation: Tithe Applotment Books there were no Phelan/Whelan in Rochestown, civil parish of Kilcolumb, Glenmore. Likewise, there were no Phelan/Whelan in Roachestown, civil parish of Rathkieran of Mooncoin (1833). Rochestown in the civil parish of Ballylarkin in 1827 had a Thomas Whelan who held 14 acres. It appears that Ballylarkin was originally in the Catholic Parish of Kilmacow but was transferred to Mullinavat Parish in the early 1840’s about the time Glenmore became a parish distinct from Slieverue.

In searching for Michael and John Phelan, utilizing the possibility that Thomas was their father, we located a John Phelan baptised on 16 June 1811 in Templeorum the son of Thomas Phelan and Catherine Crowly with an address of Kilonerry. Michael Phelan was baptized on 26 December 1807. Unfortunately, we cannot be certain that this is the correct family, and we were unable to locate a baptismal record for Laurence Foley.

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

The featured sketch above is from the New York Public Library, Digital Collection, The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Picture CollectionShelf locator: PC IMM. “London : printed and published at the Office, 198 Strand, in the Parish of St. Clement Danes, in the county of Middlesex, by William Little, 198, Strand, aforesaid. Saturday, June 19, 1852.”Source note: Illustrated London news. (London : Illustrated London News and Sketch Ltd., 1842-).

Dr. Kathleen Moore Walsh