Ballyveria Glenmore
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A Disputed Glenmore Cottage
Before Ireland gained Independence housing was an issue particularly in rural areas. In order to address the issue for labourers various legislation was put in place including the Labourers (Ireland) Acts (1883-1906) and the Housing of the Working Classes Act, 1890. Farm labourers who were not married usually lived in unheated outbuildings or in a loft in a stable or barn where they worked. Married labourers could apply to the Rural District Council where they resided seeking a cottage.
The authorities would seek land from landowners on which to construct cottages that were rented to a married labourer. The idea was that farmers who employed labourers would provide a building site, but often the farmers objected to giving up any of their land for cottages or the compensation for the land was considered inadequate. In 1909, an arbitrator was appointed to determine disputed compensation in the Waterford No. 2 Rural District. This was known as the Inquiry (Waterford Standard, Sat. 4 Sept. 1909, p. 2). The cottages were built for less than £150 and there were often more battles fought over who would get the cottage.
In 1911, Glenmore featured in such a battle. Under the Poor Laws, the parish of Glenmore was divided between the Waterford Union and the New Ross Union. Less than a quarter of Glenmore was in the New Ross Union. Landowners paid rates (taxes) to their respective Unions, and the elected Poor Law Guardians and District Councillors were constantly on alert to ensure that the rate payers in one district were not supporting poor persons from other Unions. Each Union had its own workhouse, infirmary, dispensaries, cottages and road maintenance etc. See our post of 28 April 2020 regarding the Poor Law Act 1838 and the Glenmore Dispensary. The elected District Councillors were responsible among other things for the cottages and road maintenance in their respective districts.
On 1 May 1911, it was announced that nominations had been received and there would be no contest in any of the divisions of Waterford No. 2 Rural District. In other words, the nominees were deemed elected without an election. Local representatives included: Kilbride: Patrick Fitzgerald & John Ennett; and Kilmakevogue: James Kirwan, and Richard Fitzgerald, Aylwardstown (Evening News (Waterford), Mon. 1 May 1911, p. 4).
The Disputed Glenmore Cottage
The Waterford No. 2 Rural District Council built a cottage in Ballywairy/Ballyveria, Glenmore on the land of Martin Phelan. It was noted by Phelan’s solicitor that Phelan agreed to the cottage, so long as he agreed to the tenant. When the cottage was complete there were two applications for the cottage. One was from John Power of the Waterford Union and the second was from Andrew Harte of the New Ross Union. John Power was awarded the Ballyveria cottage.
Sometime after getting the tenancy of the cottage John Power gave the key to Richard Young, of the Waterford Union. Richard Young moved into the cottage and applied for the tenancy. The cottage was advertised and Andrew Harte again applied for the Ballyveria cottage.
May Meeting 1911
At a meeting of the Waterford No. 2 Rural District Council, held at the end of May 1911, the Waterford News & Star (Fri. 2 June 1911, p. 7) covered the meeting. However, the newspaper failed to record the date of the meeting. It did record that only 8 Councillors were present. A quorum only required 7 members be in attendance.
Two applications were received for the cottage at Ballywiera (sic), Glenmore. Richard Young wrote stating that he had possession of the cottage. It was given to him by the late tenant who “gave it up.” The other application was from Andrew Harte. The newspaper did not state the basis of the decision, but the Council decided to give possession to Harte. Mr. P. Walsh, Rent Collector was directed to get possession from Young. The District Council then adjourned.
June Meeting 1911
At the next meeting held on Saturday the 24th of June 1911, Mr. A.E. Bowers, J.P. presided and 15 other District Councillors were in attendance including John Ennett of Cappagh, Glenmore, P. Fitzgerald, of Weatherstown and Richard Fitzgerald of Aylwardstown. John Ennett did not attend the May meeting and subsequently filed a motion to rescind the decision granting Andrew Harte the tenancy of the Ballyveria, Glenmore cottage. Solicitor P.A. Murphy appeared before the council representing Martin Phelan. Both the Waterford News & Star (Fri. 30 June 1911, p. 7) and the Munster Express (Sat. 1 July 1911, p. 3) reported on this disputed cottage case.
Andrew Harte’s Letter
It was first queried by Richard Fitzgerald whether the previous decision to award the cottage to Andrew Harte could be rescinded. The Clerk assured the meeting that it was possible as John Ennett had provided notice of his written motion to rescind the previous decision.
A letter from Andrew Harte was produced. The letter was dated 20 June 1911. The return address was Weatherstown, Glenmore.
“Sir—At the last meeting of your Council I was accepted to be tenant on the cottage in Ballyviera (sic) and I claim to be admitted into possession. This cottage was applied for in the first instance by John Power, but he resigned before the Local Government Inquiry. At the inquiry Mr. Wm. Forristal, D.C. proposed, and Mr. P. Coady, D.C., seconded that Andrew Harte be accepted in place of Power. I gave evidence and the Inspector passed the cottage for me. When it was built Power claimed it and you gave him the cottage. He never lived in it.”
“A few weeks ago in response to your advertisement, I applied and you accepted me as tenant, and I submit I am entitled to possession. I offer testimonials from Canon Holohan P.P.; Father White, C.C.; and Father Phelan, Glenmore. I also give Mr. P. Fitzgerald, Weatherstown, my employer, as reference. I am a married man with a wife and two children.”
There were also testimonials from three R.I.C. officers as to Andrew Harte’s good character.
The Argument
For Young
John Ennett responded that he had no ill feeling to Andrew Harte and did not know him. Ennett pointed out that Harte was living in the New Ross Union, as had his father before him. They were both natives of the New Ross Union. The New Ross Council had recently refused to give a cottage to a man living in their own Union simply because he was not a native of the New Ross Union.
Ennett stated that it was only fair that the Waterford District Council should follow the New Ross rule. He concluded that he did not see why the Waterford Union District should build a cottage for a man in the New Ross Union. Thomas Holden seconded Ennett’s motion.
For Harte
Joseph Walsh stated he believed that Harte was entitled to the cottage. He reasoned that Harte was working for P. Fitzgerald who was in the Waterford Union. Ennett responded that Walsh knew nothing about the matter as he had only been on the Council for a short time. It is not clear from the newspaper coverage whether Harte’s employer was the Pat Fitzgerald sitting on the Waterford District Council considering the issue.
Richard Fitzgerald also argued that Harte was the right man for the cottage. He argued that when he first became a member of the Council 12 years previously he issued tickets for Harte’s wife who was very sick. The Kilmakevogue doctor sent her to hospital in Waterford. According to the Munster Express it was for specialised nursing.
Solicitor Murphy
Finally, Solicitor Murphy weighed in. He appeared on behalf of the owner of the land Martin Phelan. Murphy noted that at the inquiry Phelan had agreed to give a site for a cottage, but he was openly opposed to Harte, “for very good reasons. One councillor at the Inquiry nominated John Power. John Power after getting the cottage gave the key to Richard Young.” Solicitor Murphy said it was up to the Council to appoint the tenant for the cottage, but his client had a distinct and decided objection to Harte.
They were all farmers and “could understand the unpleasantness that would arise from having a labourer to whom the surrounding farmers objected to.” Murphy presented a petition signed by a “large number of people” objecting to Harte as tenant of the cottage. Murphy explained that people preferred Richard Young because Young worked “around the place.” The Munster Express quoted Murphy as saying, “ratepayers of this district naturally thought they had enough to do to build cottages for their own labourers without having to provide for outsiders…” Richard Fitzgerald observed that he could get a list on the other side of the issue as long as the distance between Ballyveria and the Waterford bridge.
The Decision Regarding the Glenmore Cottage
Ultimately a vote was taken and Ennett’s motion to rescind was successful. This meant that Harte would not get the cottage. Twelve voted in favour of Ennett’s motion including: (Edward Bowe, John Roche; Thomas Holden (Smithstown); John Vereker (Davidstown); James Farrell; James Moore, John Dunphy, Brown; Healy; E. Phelan; James Kirwan and John Ennett). Three voted against against the motion to rescind (and in favour of Harte’s tenancy) including: (Richard Fitzgerald, Pat Fitzgerald, and Joseph Walsh). Edmond Donovan abstained. After the motion passed. John Moore proposed and Thomas Holden seconded that Richard Young, the present occupier of the cottage, be appointed the tenant. This motion carried.
The Aftermath
Immediately after the vote Richard Fitzgerald handed up a notice of his motion to rescind the resolution appointing Young as tenant and Harte be appointed notwithstanding the vote. A query was posed regarding the cost of the Notice of Motion and the Clerk responded it cost 7 shillings. John Moore remarked to laughter that it was “money gone astray.”
We could not locate any further accounts of further votes on the disputed Glenmore cottage. It could be that the motion was withdrawn, it wasn’t seconded, or the newspapers did not cover it. From an interview that Danny conducted in 1970 of Mrs. Mai Aylward, of Ballyfacey, Dick and Katie Young had no children and lived in the cottage where Dwyers lived in 1970 in Mourlerstown. It is not clear if Mai Aylward was referring to the disputed cottage of Ballyveria but the two townlands adjoin.
The 1911 Census
Luckily, we have the 1911 Census, as well as parish records etc. to shed some light on some of the people involved.
The Applicants for the Disputed Glenmore Cottage
Andrew Harte in the 1911 Census was 45 years of age and working as an agricultural labourer. His wife Ellen was 47 they had a son John aged 9 and their youngest son was Andrew aged 7. They resided in Shanbogh. The couple were married 10 years. The Census records that their youngest son was “an idiot” a term now thankfully consigned to history.
Richard Young (c.1891-1936) in 1911, was a 24-year-old newlywed. He and his wife were married in November 1910. Richard worked as an agricultural labourer. He and his wife Kate née Hennessy (aged 32) were living in Ballyfacey with his father-in-law, Richard Hennessy, a 60-year-old widower. Richard Hennessy was also employed as an agricultural labourer. Others in household included three unmarried daughters: Annie Hennessy (28) was a typist; Mary Hennessy (26) was a National Teacher and Ellie Hennessy (24) was also a typist,
John Power who was granted tenancy, and apparently never took possession of the disputed cottage (and gave the key to Richard Young), is not in Ballyveria in the 1911 Census. There are two John Power’s in the parish of Glenmore in 1911 who were agricultural labourers. One was 31 and living in Aylwardstown with his wife and children. The second John Power was 36, single and living in Robinstown.
Harte’s Glenmore Employer
Pat Fitzgerald was the only Fitzgerald in Weatherstown in 1911. Notwithstanding the fact that Harte used a Weatherstown address on his letter to the Council, Harte did not reside in Weatherstown. Pat Fitzgerald (c.1883-1942 per headstone) of Weatherstown, was in 1911 a 51-year-old married farmer. In 1911 he resided with his wife and 6 children and had three servants including: Kate Grant (49, domestic servant); James Seinnott, (33, farm servant) and Pat Roorke (22, farm servant). If he was a member of the Waterford No. 2 Rural District and voted in the matter he had a clear conflict of interest as Harte was his employee.
The Glenmore Land Owner
Martin Phelan—There was no Martin Phelan residing in Ballyveria, Glenmore in 1911. There was a Martin Whelan living in Ballyfacey.
The only Phelan in Ballyveria was John Phelan (aged 20, farmer) and his sister Mary Phelan aged 24. The parish records reveal that John (c. 1892-1956) and Mary Phelan (b. 1886) were the children of Richard Phelan (farmer) and his wife Anne Donovan. Richard Phelan (c. 1842-1911) died on 20 January 1911 at Ballyweira. He was a widower and his son John was present when he died.
Ironically, John Phelan became Richard Young’s brother-in-law in 1916. They were married to 2 of the Hennessey sisters of Ballyfacey. John Phelan (c. 1892 -1956) of Ballyveria, married Mary Hennessey (1883-1963) of Ballyfacey (schoolteacher) on 22 May 1916 at Glenmore. The groom’s father was Richard Phelan (farmer) and the bride’s father was Richard Hennessey (labourer).
The Glenmore Elected District Councillors
John Ennett (1853-1939) a farmer of Cappagh, Glenmore, was first elected to the District Council around 1900.
Richard Fitzgerald (1868-1955) began his work as a public servant before 1900. He was a farmer in Aylwardstown, Glenmore. He served as Poor Law Guardian and as a District Councillor. In 1912, he ran for Kilkenny County Council.
It is not clear from the newspapers which Pat Fitzgerald of Glenmore was a member of the District Council in 1911. In addition to Pat Fitzgerald, of Weatherstown, there was at least one other Pat Fitzgerald who lived in the Kilbride District Electoral Division. Pat Fitzgerald (1843-1920) of Ballyveria. He was baptized at Moulerstown on 23 September 1843. Unfortunately, no obituary was found to determine if he served on Waterford No. 2 Rural District Council.
Please send any corrections, further information or photographs to glenmore.history@gmail.com .
The featured photo above was a Council cottage that has been extended over the years. It is not the 1911 disputed cottage.
Dr. Kathleen Moore Walsh
Ballyveria, Glenmore (1961)
Today, we are going to feature information that Danny Dowling recorded regarding the residents of the townland of Ballyveria around 1961. The most common spelling of this townland locally, as reflected on head stones, is Ballyveria. However, the older records reflect a number of spellings including Ballywairy. The Irish for this townland, according to Kelly’s, The Place Names of the County of Kilkenny (1969, p. 109) is Ballyvaire, Baile Mhaire, or Maire’s homestead. This townland is comprised of 483 acres. Interestingly this is one of the shortest entries by Kelly, and the information above is the total information provided by Kelly concerning this townland.
In the 1830 Griffith’s Valuation Applotment Records the townland was referred to as Ballyveraea and had 3 listed landlords (George Caulfield, Esq.; Mary Anne Tighe, widow; and Hariet (sic) Cuffe) and 12 tenants: Michael Ribby (24 acres); Sylvester Shelley (17 acres); Robert Ryan (30 acres); William Donovan (31 acres); Martin Malone (32 acres); Laurence Carroll and Walter Power (63 acres); John Donovan (34 acres); Richard Grace (34 acres); John Deneefe (30 acres); John Walsh (9 acres); and Daniel Byrne (4 acres). In July 2021 we posted three articles concernings a murder that took place in 1841 involving residents of Ballyveria: (1) The Murder of Michael Ribby (Rigby) of Ballyveria; (2) Murder trial of Patrick Donovan of Ballyveria and
(3) The Sentencing and Execution of Patrick Donovan.
Danny Dowling in 1961 recorded 8 families or households in Ballyveria. Birthdates or birth years are provided for some of the older residents gleaned from available public records. For some time after drafting his notebook, Danny recorded the dates of death or simply recorded that a resident had died or left the townland. The recorded information reveals that in 1961, 36 people resided in Ballyveria with the population comprised of 17 males and 19 females. The Long family was the largest family with eight members in the household. There was one household recorded of a single person living alone (Michael Boyle).
Recorded Residents
Males= 17
Females= 19
Eldest Recorded Resident= Mary Phelan (1883-1963) née Hennessy. According to Mary’s obituary she was for many years a teacher in the Ballyfacey School. A copy of her obituary has been added to the family pages and may be accessed by clicking here.
Recorded Work
Farmers = 4 (4 males)
Farm Labourer/Worker = 3 (3 males)
Council Worker = 1 (male)
Housemaid = 1 (female)
Creamery Butter Maker = 1 (male)
Motor Mechanic =1 (male)
Road Worker = 1 (male)
BALLYNERIA RESIDENTS
[1] RIGBY
Rigby, Daniel (25 Dec. 1885) Farmer
Rigby, Catherine (1 April 1910) wife
Rigby, Michael, son, farm worker
Rigby, Anastatia (9 March 1893) sister
[2] MURPHY
Murphy, Patrick (22 Nov. 1897) Farmer
Murphy, Ellen, wife
Murphy, Thomas, son
Murphy, Matthew, son
Murphy, Patrick Michael, son
Murphy, Anastatia (1918) sister
[3] LONG
Long, James (13 Feb. 1912) Council Worker
Long, Margaret (12 Aug. 1913) wife
Long, Walter, son, road worker
Long, William, son, farm labourer
Long, Kathleen, daughter, housemaid
Long, Margaret, daughter
Long, Breda, daughter
Long, Theresa, daughter
[4] BOYLE
Boyle, Michael (10 Sept. 1886) Farmer
[5] PHELAN
Phelan, John (15 Sept. 1920) Farmer
Phelan, Mary (4 March 1883) mother
[6] YOUNG
Young, Richard (26 Sept. 1906) Farm Worker
Young, Johanna, wife
Young, Johanna, daughter
Young, Richard, son
Young, Seamus?, son
Young, Margaret, daughter
Young, Patricia, daughter
[7] O’CONNOR
O’Connor, Luke (1918) Creamery Butter Maker
O’Connor, Ellen, wife
O’Connor, Brigid, daughter
O’Connor, Mary, daughter
O’Connor, Kathleen, daughter
O’Connor, George?, son
[8] DWYER
Dwyer, Margaret (4 July 1909)
Dwyer, Michael (9 April 1940) son, motor mechanic(Moved to England)
The featured photo above is Captain W.A. Ringrose winning the International Jumping Competition (Pembroke Stakes) at the Dublin Horse Show in August 1961 riding Lochan Easpaig. [According to my resident expert, this horse was bred in Mullinavat.]
[Updated 19 Aug. 2022: Munster Express, Fri. 7 May 1965, p. 16
Famed Jumper—The outstanding jumper, Loch Ann Easpaig, bred in Mullinavat, and later sold to the Irish Army, added to his already high reputation as prize winner at various international contests when he won the Grand Prix de la Ville at Nice, Southern France, on Thursday of last week, with a faultless round, and followed this up by winning the Nice International Horse Show event on Sunday last. The rider on both occasions was Commdt. Wm. A. Ringrose, and in the latter competition, Loch An Easpaig was the only entrant with two clear rounds over fourteen fences.]
Please send any corrections or additional information to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
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
The Murder Trial of Patrick Donovan, of Ballyveria, Glenmore
In our last blog post we outlined the information that Danny Dowling recorded regarding the murder of Michael Rigby in Kilbride, Glenmore on 14 May 1841. In addition to the oral tradition that passed from one generation to the next, we are very fortunate that the details of the murder trial held in August of 1841 were reported extensively in the Kilkenny Moderator on 11 August 1841 (p. 2-3). From a legal history standpoint, one aspect of the reported trial that is interesting is the extensive exchange the judge had with the accused Patrick Donovan prior to sentencing. It was not until 1898, that an accused was allowed to testify in his criminal trial. It was believed that whether the accused was guilty or innocent, the fear of punishment would cause an accused to commit perjury, so no criminal defendant was allowed to testify. In Patrick Donovan’s trial for the murder of Micheal Rigby the judge was Baron Richard Pennefather (1773-1859). The prosecutor was Mr. Scott, Q.C. It is not stated that Patrick Donovan was represented by counsel, but there is a reference to Mr. Rolleston, cross-examining Crown witnesses. Excerpts of the newspaper account are provided below and where possible the actual language reported is utilized. The account was provided by a newspaper reporter and is not a verbatim transcript of the testimony.
Mr. Scott, Q.C. gave the jury a brief outline of the case. He contended that Patrick Donovan, aged 28, wilfully murdered Michael Rigby, aged 50, by “giving him a mortal wound on the head with a stone.” “The case was one which could only be presented as one of murder, and the only question was as to the identity of the perpetrator.” He set forth the motive, opportunity, dying declaration of the victim naming his killer, an eyewitness, as well as “so many circumstances…as to leave no doubt of the result.”
The first witness to testify was Captain Benjamin Bunbury who was the agent for Mrs. Caulfield the landlord of Ballyvara (sic). Captain Bunbury revealed to the jury the motive for the murder. “The prisoner married a widow woman, and so became tenant of four acres of the land; he was removed in June, 1840, for non-payment of rent, and for alienating two of them by sale…” In other words, Patrick Donovan as a tenant failed to pay the rent on the land and then alienated, or induced others to take part of the land, collected rent and kept the rent or rent in kind he collected. Before Captain Bunbury learned of the alienation of the two acres he had agreed that Donovan could return if he paid part of the rent owed. When Captain Bunbury found out about the “alienation” of the two acres he refused to allow Donovan to return to the land. Donovan then asked, “who will you get to take it?” Banbury replied, “many, no doubt.”
The next witness was Thomas Rigby one of the sons of the murder victim. He provided the jury among other things, that the defendant had opportunity. Although it was not reported in the newspaper account the age of this witness, (thanks to the Rigby research of Patty Brown & Ann Fitzgerald) we know that Thomas was 19 years of age. Thomas testified, “my father is dead; I remember the day he died; we left home that morning in company at about the hour of eight o’clock; I was going to the land which Donovan formerly held; my father had been about eight months in possession of the land; the prisoner asked me would we give up possession of the ground if Captain Bunbury allowed him, and I said we would; on the morning of the murder I saw the prisoner coming up a lane from the village of Ballyvara; he was about a perch (16.5 feet) off; he shook his head at me, and I was alarmed and told my father what had been done by the prisoner; I looked back once more, and the prisoner again shook his head; I and my father then went on our land, and my father parted me and went off along a path in the direction of Glenmore, a man named Hanrahan was ploughing about three fields off, and my father stopped to speak to him; I here observed the prisoner and a man named Walsh coming from a lane and making towards the path on which my father was; they got on the path and went off in the direction of Glenmore; the deceased had only gone a few yards out of Hanrahan’s field when the prisoner and Walsh left it too, going the same way; after this I saw the three in company going off, and this was about four perches from the place where I lost sight of them; the next time I saw my father was about one o’clock; he was then beaten; I and two of my brothers and two girls remained working in the field, when Hanrahan brought the news that the deceased was killed; my brothers ran before me, and I knew where the deceased lay by hearing their cries; when I came up he was lying in my brother’s arms, and moaning; he died in an hour.”
The cross examination of Thomas Rigby was by Mr. Rolleston. From the answers reported in the newspaper it appears that the counsel was attempting to show that Walsh also had motive and opportunity to commit the murder. Thomas Rigby stated, “l knew Walsh’s brother; he held one of the four acres from which Donovan had been ejected.” He was also questioned about the distance from which he observed his father near Donovan and Walsh, “there were eleven stone fences between me and Hanrahan’s field, and four ditches between me and the place where I saw my father last.” It also appears that he was challenged regarding the alleged head shaking by the accused and replied, “I stated to several persons and to the coroner, that the prisoner shook his head at me that morning.”
The next to testify was another son of the victim 25 year-old James Rigby. He provided further information regarding the land and his father’s dying declaration. “I know the four acres of ground which Donovan held, and my father got it about last Christmas; I was on the ground in last Spring digging potatoes, when the prisoner came up, and holding a little bit of earth in his hand, said, ‘I know that I will be burning in hell, where brimstone will be going through my nose and my belly, and I don’t care as much for my soul as for this bit of clay, and the first of you I catch on my ground I will settle him…’”
James Rigby went on to testify that on the day his father was murdered he saw his father going towards Hanrahan’s field and later “about one or two o’clock” Hanrahan came and told him that his father was at the top of Kilbride. “I ran off and found him lying partly in the ditch, and snorting, he was in very poor state; I asked him was he killed, and he replied ‘I am not killed, but as all as one’; I asked who killed him, and he said ‘Paddy Donovan.’” James Rigby then “threw off” his coat, and ran to the village of Glenmore for the priest, but by the time he returned his father was dead. As he was running for the priest, he met Richard Grace and Denis Lacy; on the path. “Grace asked me what happened.”
At this point the newspaper reported that accused Donovan interjected, “My Lord, if you won’t hang me he will go mad.”
During the cross-examination of James Rigby, he admitted that he had been in jail, “I was in the county gaol about “arguing” with some boys from Kilbrahan; I hit some of them; I cannot tell when it was I was in goal; one night in Ross they put me in gaol.” He denied that his father “turned him out of the house, but I used to go away for work and returned when wanted.” Rigby was apparently questioned about making a statement to John Walsh on the evening of the murder that his father was not able to speak when he found him. James Rigby acknowledged seeing John Walsh, but stated, “my father spoke quite plain when I raised him up; … I never said to any person that my father was not able to speak when I came up to him.”
“Baron Pennefather—When you came up to your father did he seem very much hurt?
Witness—He did.
[Baron Pennefather]—What was the first word you said to him?
[Witness]—I asked him was he killed, and he said ‘I am not, but am all as one;’ I then asked him who killed him, and he said, ‘Paddy Donovan.’
[Baron Pennefather]—Did he speak distinctly?
[Witness]—Not very, but I could swear to those words.”
The next two witnesses were Mary Brophy, of Ballyveria and Edward Hanrahan. Mary Brophy testified that on the day of the murder she went to Stations in Glenmore. She was returning to Ballyveria about dinner time by the pathway when she saw the body of a man lying in the ditch. He was “snorting and lay stretched out; I left him and told Ned Hanrahan, who was ploughing, about the finding of the body.” Edward Hanrahan testified that on the day of the murder at about eight that morning he was plowing and the murder victim came into his field and they had a conversation. Hanrahan observed John Walsh and “another man” come into the field. The victim left and went toward the path and the other two men were about eight perches from the path. “I was afterwards told by Mrs. Brophy that a man was lying stretched, and I went off and found the deceased about three fields off, lying on the other side of the ditch farthest from the path.”
When cross-examined Edward Hanrahan admitted that he told the children of the victim that their father was killed. “When I came up the second time the eldest son had his father in his arms. To Baron Pennefather—When I first saw the body I cannot tell if the man was alive.” He stated that it was Dan [Rigby] (b. 1811) who he saw holding his father in his arms. Hanrahan stated that he knew Donovan, but did not identify him because he did not have “as good an opportunity of seeing the man with Walsh as he [Walsh] came in first.”
The sixth witness was the eye witness John Walsh. He testified that he had lived in Ballyveria for thirty years and he knew the victim Michael Rigby and the accused Patrick Donovan. On the day of the murder, he met Donovan in the village of Ballyveria and they were walking to Glenmore for Stations. “We went by a path towards Glenmore, and the path went by Hanrahan’s field; I saw Hanrahan in the field sowing potatoes; I saw the deceased speaking to Hanrahan, and he then went on the path towards the chapel; I went on a little in advance of the prisoner, and when in Collattin’s field I heard a cry, “Oh don’t Paddy,” and turned round, when I saw Rigby lying on the ground in a corner of the field; I saw the prisoner strike him down on the head with a stone, and then I ran off for fear of my life; the prisoner overtook me some time afterwards, and told me he had thrown Rigby over the ditch; he came with me to the chapel, where we remained a good while; Donovan told me not to swear against him; I left the chapel first, and the prisoner followed me; I came to my own house at Ballyvara, and the prisoner went by the road; the same evening I told my neighbours what occurred.”
On cross-examination Walsh admitted that his brother “had a crop off of one acre of the four acres from which Donovan had been ejected.” In other words, Walsh’s brother was one of the men who alienated or rented part of the property from Donovan. Walsh stated that he was afraid to call out to Hanrahan when he saw Donovan striking the victim. Walsh stated that he was arrested in his own garden, and “told in one day what I knew.” He asserted that he was only arrested because he was with Donovan when the murder took place.
The next two witnesses were Denis Lacey and Richard Grace. Denis Lacey testified that Hanrahan’s house is situated between the Villages of Ballyveria and Glenmore and his own house was close to the pathway. He saw Walsh and Donovan together in the morning and after dinner returning from Glenmore. “James Rigby passed me during the day going for the priest, and he called out aloud to Richard Grace that his father was killed; in about five minutes after this the prisoner came up; I told him that Rigby was struck, and he made no reply.” Richard Grace corroborated that Walsh and Donovan were together in the morning and after dinner “saw the prisoner in Lacey’s house.”
The last two witnesses in the newspaper coverage were Mr. George White, Inspector of Police and Dr. Cummins. White testified that he went to the murder scene and found blood on the ground. He found a stone near the spot with blood and human hair on it. On the night after the murder he arrested Donovan between 11 and 12 o’clock, “at the distance of about two miles from his residence; he was in bed in a barn with two men, and a man who was dressed appeared acting as a sentry.” Dr. Cummins testified that he examined the victim’s body and found twelve wounds and contusions on his head. Two stones were shown to the doctor and he identified that one corresponded with several of the bruises. In his opinion the victim’s death was “produced by these wounds and bruises.” On cross examination he stated that it was possible a man might, “although thus injured, speak some intelligible words.”
“Baron Pennefather charged the jury in a most lucid address, and remarked on the many dreadful crimes that disgraced the country, in connection with the taking of land. The jury, however, were not, because the crime was great, to impute guilt to any individual, unless the evidence established his crimination ‘beyond any rational doubt.’ The learned judge, then, with extreme care, recapitulated the evidence. The jury retired at half past eight o’clock, and at half past ten brought in a verdict of guilty. The foreman said some of the jury wished to recommend the prisoner to mercy. Baron Pennyfather—On what ground? The jury could not assign a reason, and his lordship said he saw no ground for extending mercy. The prisoner, who was rather unmoved, was then taken back to prison.” It is assumed that the entire trial was heard in one day and the jury deliberated from 8:30 to 10:30 that night.
In our next blog we will provide details of the sentencing and Patrick Donovan’s exchange with the judge, as well as personal details concerning Patrick Donovan and Michael Rigby.
Special thanks to Patty Brown and Ann Fitzgerald for sharing their Rigby family research and to all who helped us today in locating some of the 1841 murder related landmarks. Any and all corrections greatly appreciated. Please send any information, corrections, etc. to glenmore.history@gmail.com.
The featured photo above is the old Hogan house in Haggard, Glenmore identified by James “Jimmy Mac” McDonald as the place were Patrick Donovan was arrested on 15 May 1841. The old stone gate pillars are still standing as well as the house behind the trees.
Dr. Kathleen Moore Walsh
The 1841 “Savage” Murder in Kilbride, Glenmore
On 11 June 1970 Danny Dowling interviewed James “Jimmy Mac” McDonald (c. 1909-1990) of Ballyfacey, Glenmore. James McDonald provided the following information concerning a murder. Donovan of Ballyveria, Glenmore killed Rigby over two fields which Rigby “had from him.” The two fields involved were the ones opposite Katie Leary’s house and shop on the other side of the road. Donovan had a wife, two sons and a daughter. Before the murder was committed, the parish priest of Glenmore, and a missionary, went to Rigby, and implored him to return the fields to Donovan, but he wouldn’t. On the morning of the killing, Rigby was riding on an ass on his way to the Stations in Glenmore. Dick Young’s grandfather was working in a field and Donovan asked him to kill Rigby, but Young refused. A man named Cathoir was with Donovan when he killed Rigby. He killed him by battering in his head with a stone. Donovan didn’t intend to kill Rigby. All he wanted was to leave him enough life for the priest to attend. Cathoir then said to him that if Donovan didn’t finish him off the two of them would be hanged. Donovan then finished him off.
After the killing, Donovan and his wife fled and hid around the Englishman’s on the Mountain and from there went to Haggard where they were arrested the next day where Hogan’s are now. That night whilst hiding he had his head resting on his wife’s lap he had a vision of his dead mother he said to his wife “here is my mother coming for me.” Cathoir swore against him at the trial, and when it was over Cathoir was never seen again. He had a wife and two sons. The sons later went to America. Jimmy McDonald’s father Patsy was in Peoria, Illinois in his early days and he saw the Cathoir men there. At that time when a man gave evidence for the Crown he was usually shipped away to England or further afield for safety.
James McDonald did not indicate where the murder took place, but Mary Stapleton on 5 March 1980 when providing some Irish field names to Danny stated that “Knockaburdish” was the name of the field that once belonged to Felix Mullins. It was located at the top of the Kilbride hills and it was where “Donovan killed Rigby. The mark of Rigby’s head is still there. It is now owned by Jim Culleton.”
Yesterday, Paschal Roche, of Kilbride, a nephew of Jim Culleton (c. 1922-2012) showed us the field at the top of the Kilbride hills that is now called “Dead Man’s Field.” There in the upper eastern corner of the field is the spot where Rigby was murdered 180 years ago. The Culleton headstone in Glenmore cemetery reveals that Jim Culleton’s grandfather, James Culleton (c. 1845-1912) was born only a few years after the murder. The photo to the right shows the location in Dead Man’s Field where the murder took place. Today, it is not possible to pinpoint how the old path to Glemore proceeded from this point crossing the field or running along the ditches.
Ireland in 1841
From 1821 to 1841 the Census Commissioners concluded that Ireland’s population increased from 6.8 million to 8.2 million. There was an average of 700 people per square mile in Ireland making it the second most populated country in Europe. However, unlike England and Scotland the people living in rural Ireland had shorter life expectancy than the people living in Irish cities. This was discovered by Oscar Wilde’s father, surgeon William Wilde. Wilde examined the record of the deaths of family members who died after 1831 and calculated mortality rates employing records such as hospital returns and cemetery returns. It is thought that the poverty and poor living conditions in rural areas with a sizable proportion of the population living in “mud huts” contributed to the shorter life expectancy (Helene O’Keefe, (2021) “Ireland before the Great Famine” ).
In 1841 Glenmore was not yet a parish. Although the present church in Glenmore Village was built in 1813 it was not until 1846 that Slieverue and Glenmore were divided and the parish of Glenmore was established. The townlands of Ballyfacey, and Ballyveria where both Rigby and Donovan lived in 1841, were on the edge of what would become Glenmore parish. The faithful would walk from these outlying areas in the most direct route to the Chapel in Glenmore by crossing fields and following what were known as mass paths. It was on a mass path in the townland of Kilbride that Rigby was murdered while walking to Stations being held in Glenmore on Friday morning on the 14th of May 1841. Today, Holy Week is generally associated with Stations, but in 1841 Easter Sunday fell on 11 April 1841.
Just eight years earlier the murder in Shanbogh, of Catholic landlord Joseph Leonard, generated vast newspaper coverage and resulted in the men held responsible for his murder being hanged at the place of the murder “near the hill of Glenmore.” It was reported that these hangings were witnessed by thousands from the area. It is likely that the crowd that attended the hangings may have included both Rigby and his killer Donovan.
Contemporary Newspaper Controversy
The Kilkenny Moderator, on Wednesday the 19th of May 1841 (p. 3) published the following account of the murder.
“SAVAGE MURDER. We deeply regret to state that another and a most horribly revolting murder was perpetrated in this County on the morning of Friday last, at Kilbride, within a few miles of Rosbercon. It appears that on the morning stated, as Michael Ribby (sic), of Ballyvarra (sic), was on his way to attend a Station,” which was held in the Chapel of Glenmore, about a mile from his own house, he was overtaken by two men named Patrick Donovan and John Walshe, both residing on the lands of Ballyvarra, who walked beside him for a few yards until they came to a “style.” At this spot Donovan took up a stone with which he knocked down his unsuspecting victim, poor Ribby, and continued to strike him about the head in the most savage manner until life was nearly extinct, inflicting no less than thirteen wounds, beside one on the back of his left hand with which he ineffectually attempted to save his head while vainly crying out for mercy to his relentless assailant.
After the perpetration of this horrid deed we have been assured that Donovan and Walshe both went to the ” Station,” where we suppose they got absolution! The unfortunate Ribby was discovered by his sons a few moments before he expired, and when spoken to by them he merely uttered the words—”I’m not quite killed—it was Donovan did it,” soon after which he breathed his last. He was about 50 years of age and has left a large family to mourn over his untimely fate. The only cause assigned for this foul murder is, that Ribby had been, a few months since, put in possession of about four acres of land from which Donovan had been previously ejected by the Agent, Captain Bunbury, for non-payment of rent. This gentleman, on being informed of the transaction, instantly started for Kilbride, in order to render any assistance in his power for the apprehension of the guilty parties.
Donovan, we understand, is a fellow of notoriously bad character, and has been more than once an inmate of a gaol. An Inquest was subsequently held on the body of the deceased by Thomas Izod , Esq., one of our County Coroners, when a verdict of ” Wilful Murder” was returned by the Jury against Patrick Donovan and John Walsh. We are happy to add that, owing to the active and unceasing exertions of George White, Esq., C.C., and the Constabulary under his command, Donovan (who had absconded,) and Walshe, were both arrested and brought into Ross, while the Inquest was sitting. They have been since transmitted to our County Gaol charged with the offence.”
The Kilkenny Journal, and Leinster Commercial & Literary Advertiser, of Saturday the 22nd of May 1841 (p. 3) provided further details of the inquest and arrests.
“Murder—Coroner’s Inquest—On Saturday, Thomas Izod, Esq., one of the coroners for the county Kilkenny, was called on to proceed to Ballyvera, near Listerlin, in the barony of Ida, to hold an inquest on the body of a farmer named Micheal Rigby, who was murdered at between eight and nine o’clock on the morning of Friday, on his way to the chapel in Glenmore. The finding of the inquest was “wilful murder against Patrick Donovan of Ballyvera, aided and assisted by John Walsh of the same place.” Donovan absconded shortly after committing the murder, and was, during the sitting of the Court, apprehended at Haggart, near Glenmore, by that efficient officer, Sub-inspector White, and the police, whose vigilance and activity were unremitting to bring him to justice. Walsh did not abscond; the deceased had ten or twelve severe cuts on the head, and the scull severely fractured; the ill will towards him was in consequence of his having taken ground which Donovan was dispossessed of; Walsh’s brother was an under-tenant of Donovan’s to part of the land, which in extent, was not more than 4 acres.”
On page 2, of the same edition of the Kilkenny Journal, the editor asserted that there was an “infamous calumny” in the article published by the Kilkenny Moderator on the 19th concerning the murder. Although the meaning of calumny is to make a false, malicious, defamatory statement about a person in order to damage that person’s reputation, the editor was not referring to what was said about the accused Patrick O’Donovan being a fellow of notorious bad character. The editor asserted, ‘If the Catholics of Ireland did not possess a degree of patience allied to servility, they would not permit the insolent conduct of those infamous calumniators who hourly assail their claims to political right, and make the most laborious pains to misrepresent their [Catholics] religious principles.’ The editor was challenging the remark concerning the accused men after the murder attended Stations where it was “supposed” that they obtained absolution for the murder. The editor argued that the purpose of the two accused men to attend the Stations was to avert suspicion. “…[W]e think, very likely, for how could they better avert suspicion than by appearing to comply with their religious duties? –but the other dark insinuation, (concerning receiving absolution) ‘the lying scribe knew in his heart, could not be credited even by the most blinded of his bigoted readers.’” Thus the “savage” murder was not only widely reported in newspapers across Britain and Ireland, but it (or more correctly its reporting in the Kilkenny Moderator) generated controversy and became politicalised because of the remark concerning absolution.
Next Blog: The Murder Trial of Patrick Donovan
In August of 1841 Patrick Donovan stood trial in Kilkenny for the murder of Michael Rigby. Details of the testimony of nine prosecution witnesses provide a fuller account of the murder and provides some personal information about Rigby and Donovan. We shall cover the murder trial in our next blog post.
The featured photo above is one of the panoramic views from the lower ditch of Dead Man’s Field, Kilbride, Glenmore.
Special thanks to Patty Brown for kickstarting this research by providing a newspaper excerpt that provided the date of the murder and the names of Michael Rigby’s wife and children. Also special thanks to Pasqual Roche for taking us yesterday to Dead Man’s Field with its wonderful views of Glenmore.
If there are any corrections, omissions, or readers have further or different information please email glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh