Danny Dowling (1927-2021)
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A Ballinclare, Glenmore Murder, Part II
In our last post we published the accounts of the arrest of Michael Walsh of Ballinclare, Glenmore for the murder of his neighbour Simon Power by poison in August 1849, his one day trial and the jury verdict of guilty on 24 July 1850. Today, we tell the rest of the story.
Sentencing
After the late jury verdict on Thursday, Baron Pennefather had the prisoner brought back to the court for sentencing on Friday. Before sentencing Walsh’s barrister, Mr. Harris, asked Pennefather what “course he intended to pursue on behalf of the prisoner, with regard to the point raised against the reading of the depositions of Power [the victim] at the trial…” Harris stated that he intended to argue the legality of admitting the depositions before the Court of Appeal.
“The Judge said he did not think there was anything in it, but he would give Mr. Harris any information in his power, if would wait upon him before he left Kilkenny. He would afford the prisoner time for having the point argued in his favour. The officer of the court then informed the prisoner in the usual form of the nature of the verdict against him, and asked him If he had anything to say why sentence of death should not be upon him. The prisoner, who exhibited no external emotion whatsoever, answered in rather husky and smothered accents—”God help me; I gave him the whiskey, but I had no harm in it. The Lord help me; I leave myself on your mercy” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Judge Addresses Convicted Murderer Michael Walsh
Baron Pennefather replied—”Michael Walsh, you had a very fair and full investigation of your case; you have been ably defended by your Counsel; the Jury have paid the most anxious attention to the evidence, and every point which could be suggested as favourable to you was put forward by your Counsel, subsequently by myself to the jury. They, having considered all the circumstances of the case have come to the full consideration that you were Guilty—that you are guilty of a foul and deliberate murder.”
Addressing his sisters and workmen who testified for him the Judge stated, “You attempted to defend yourself by evidence which the Jury did not believe, and which was palpably untrue to every person attending the trial. The Jury have come to that conclusion which consigns you to the grave, and to which they were compelled to come by the evidence, which, being believed, was irresistible to show your guilt.”
“That the unfortunate Simon Power met his death by poison—by poison of a most deadly kind—poison of a mercurial nature, called corrosive sublimate—has been demonstrated by the opinions of men whose judgment the jury could not fail to rely on, and who expressed their opinion without any doubt as to the nature of the poison, and without any consideration but the assertion of truth. The only enquiry then to be made, was as to who had committed the fatal deed” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
“The jury have come to a conclusion discrediting the story told on your part, being constrained by other evidence to believe your guilt. I feel bound to say that I cannot disapprove of that conclusion, nor can any man who duly reflects on the evidence. The Jury was almost selected by yourself. The Crown did not use its prerogative in putting by a single name, while on the contrary you exercised the power which the law undoubtedly gives you, of putting by numbers of persons. It may then be said that the jury was much more of your own selection, but they were men of understanding and conscience, and they have done their duty by returning a verdict such as they were bound to do by the obligation of their oaths. It now only remains for me to pass sentence upon you” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Murder Linked to Agrarian Violence
Baron Pennefather was just warming up and told the prisoner, “I have already had occasion this morning to observe on the fatal consequences of the agrarian outrages—they lead from one step to another, and if in the first instances property only be assailed, it comes shortly to this, that life itself is not safe from the attacks of those who desire to hold their land without paying the rent contracted for.”
“Unfortunate Simon Power went as a bailer to make a distress on you. There does not appear to have been any personal enmity between you; he was your neighbour, and you had never quarrelled—but such was the spirit entertained—such was the reckless disposition constituted—such was the wicked purpose conceived, that to strike terror into others—perhaps to defeat the distress made, you did not scruple to take away his life, because he discharged this trifling duty for your landlord, or his agent” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
“Is not this a frightful proof of the extent to which this crime has grown in this County? Is it not proof of the necessity of redressing it by the strong arm of the law, and that those who counsel this interference by attacks on property, be warned of the frightful consequences of proceeding further? You gave way to the plan you had settled in your mind, and regardless of the consequences, administered the deadly drug which produced the death of your victim under dreadful agonies” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
“Can there be any crime greater than this? and can a man who administered deadly poison in this this matter, hope or have the least expectation of receiving pardon in this world; and ought, he not turn his mind that future world to which he must shortly belong? Let me conjure you, then, to turn your mind to your God, and by repentance and contrition, endeavour to make atonement to Heaven for that crime for which your life has been forfeited to the laws of your country, and seek that mercy there, which this tribunal cannot allow” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
The placed the black cap on his head and stated, “It is now my painful duty to pronounce the awful sentence of the law, which is, that you, Michael Walsh, be hanged by the neck till you are dead, and that your body be buried within the precincts of the prison where you have been confined … and may the Lord have mercy on your soul” (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
The prisoner remained unmoved throughout the sentence and communicated with his solicitor for some moments before leaving the dock. We understand that the 23rd November has been named as the day of execution, in order to give time for the appeal (The Kilkenny Moderator, Sat. 27 July 1850, p. 2).
The Appeal
According to the newspaper account the appeal was taken because Mr. Harris, the prisoner’s barrister, objected during the trial to the admission of Simon Power’s depositions because he alleged them to be irregular. “Mr. Cooke, R.M., went to the dying bailiff, Power, and, in the presence of the prisoner, took down a statement of the administration of poison mixed in whiskey, by Walshe. This statement was not made under oath; and when it was made, Walshe put a few questions to the dying man, which, with the replies, were added to the statement; and as the then stood, the dying man was sworn as to the truth of it—that is he was sworn after the statement had been taken, instead of being sworn before.”
This statement, so sworn to was read at the trial at Kilkenny, on the part of the Crown, against the prisoner. Mr. Harris, Counsel for the prisoner, objected to its admission, but Baron Pennefather allowed the document to be read, except one or two questions. He refused to give the document itself to the jury. The newspaper opined that “… the depositions, its questions or answers, or its post swearing instead of ante-swearing, had no influence except the remotest, in inducing the jury to arrive at a conviction that Walshe (sic) was guilty.”
Before sentence was passed, Mr. Harris, urged that the admission into evidence “of the informal deposition was illegal, and consequently a ground why Walshe should not be sentenced. Baron Pennefather, after some discussion, took a note of the objection on the record under which counsel might bring the question before the judges of criminal appeal.”
Murder Conviction Overturned
Three out of the five justices hearing the appeal that, “as the dying man was sworn after he made the statement instead of being sworn before, the deposition was bad; and should not have been used against prisoner; consequently, as illegal evidence had been received on the trial, the conviction should be reversed” (Kilkenny Journal & Leinster Commercial & Literary Advertiser, Wed. 20 Nov. 1850, p. 1).
On Saturday the 17th of November, just a week before Walsh’s execution date, Mr. Robins, the Governor of the County Gaol, “communicated to Michael Walshe the (to him) agreeable intelligence that he was to walk forth again a free man…Walshe, accordingly, left the prison, where, it was confidently presumed he would have been executed” (Kilkenny Journal & Leinster Commercial & Literary Advertiser, Wed. 20 Nov. 1850, p. 1).
The newspaper concluded, “And so it has been; and Walshe is now upon his farm once more! It is stated, on good authority, that since his conviction he confidently reckoned upon being set at liberty; and it is also the impression of many who have considered the circumstances of the case, that the poison was administered to the two bailiffs, one of whom suffered only temporarily, not with a view to their death; but only to lay them up for a few hours, or for a day perhaps, in order that, in their absence, some of the property distrained might be removed.”
Who Was Michael Walsh, of Ballinclare, Glenmore?
With no hint of his age it is difficult with any certainty to identify the prisoner Michael Walsh. We did locate Michael Welsh (sic) who was baptized on 25 September 1803 at Ballinclare, Glenmore, the son of John Welsh and Ellen Doherty. If this is the correct Michael Walsh he was 46 when he poisoned Simon Power. From the newspaper accounts there is no mention of a wife or children, just his two sisters. His sister Mary Power, who testified that she drank the whiskey may have been the Mary Walsh who married Robert Power of Ballinclar at Slieverue on 14 July 1837. Michael Walsh was one of the witnesses.
Another Michael Walsh (1803-1868) was baptized on 28 September 1803 at Ballinlammy, Glenmore, the son of Patrick Welsh and Catherin Shee. We were able to find that Michael, of Ballinlammy died 26 March 1868 aged 64. He was a married, farmer and Johanna Walsh (c. 1798-1870) was present at his death. This Michael (Ballinlammy) had a sister, Margaret Walsh (bapt. 5 April 1808).
Who Was The Victim, Simon Power?
The provision of his children’s names in the newspaper account of the trial aided in the tracking of Simon Power. The victim Simon Power was married to Mary Savage. When Walter Power was baptized at Glenmore on 27 February 1828 the family was residing at Ballyinguile. His sister, Catherine Power was baptized 9 October 1829 at Gaulstown, Glenmore. Another brother, Michael Power was baptized at Ballyinguile on 24 December 1826, but he was not mentioned in the newspapers and may not have survived infancy.
In 1831, Simon Power, of Ballihibuck (sic), Glenmore married Mary Walsh of Ballinclar, Glenmore on 14 February. To this union, three children were born: James Power (bapt 22 March 1834 at Ballanguile); Joney Power (bapt. 21 Dec. 1835 at Ballanguile) and John Power (bapt 10 June 1837 at Ballanguile). It is not known if this Simon Power is the victim as none of these children were named in the newspaper accounts of the trial.
1901 Census
We could find no marriage record for Michael Walsh, of Ballinclare, nor could we locate a death record. However, death records only began being kept in the 1860’s. We do not know if Michael Walsh, of Ballinclare, remained in Glenmore or left the area. Perhaps as more of Danny Dowling’s (1927-2021) notebooks are transcribed we will learn how Michael Walsh, his sisters and workmen were treated after the trial and his release. We do know that by 1901 there were no persons named Walsh in Ballinclare or Ballinlammy, Glenmore.
Please send any corrections or additional information to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
For a list of persons executed in Ireland from 1835 to 1899, see, Richard Clark.
From Danny’s Files: Glenmore Parish Burial Records
Anyone attempting to trace family members in Irish records knows that there are difficulties. The only two publicly available on-line census are from 1901 and 1911 as provided by the National Archives.
The General Register Office is responsible for maintaining birth, marriage and death records. Publicly available birth, marriage and death records are found on the IrishGenealogy.ie free website. This website is the work of the National Archives and IrishGeneology.ie. Currently the historic records of births, marriages and deaths on the website cover: births 1864 to 1923; marriages 1845 to 1948 and deaths 1871 to 1973. The website continues to add to the records it indexes and makes freely available.
Prior to this website people tracing their families before the internet had to visit the area libraries, visit National Archives or write letters requesting information. When online resources became available there was often a fee attached and not very helpful if you did not know which townland your ancestory came from. Many people hunted out Village Historians like Danny Dowling (1927-2021). Danny collected information from Glenmore residents for over 7 decades, recorded his own list of residents in 1961 and obtained copies of the Glenmore Parish records. In fact, when work began to digitalize the Glenmore records Danny was asked to help correct transcription mistakes because he was so familiar with the families of Glenmore.
In a blue binder Danny kept the Glenmore parish burial records from 1927-2013. While it was initially thought that the records would provide information as to when most deaths occurred in a given year, unfortunately, the records are not as complete as the parish records for baptisms and marriages. Today, we are going to publish the parish burial records for 1934 and 1974 and in square brackets provide additional information obtained from other sources.
1934 Glenmore Burial Records
In 1934, 10 Glenmore burials are recorded.
[1] Michael Rigby, died 10 January 1934, aged 93. [The death register lists his age as 82, he was a farmer, in Ballyveria, Glenmore, a widower and died of “senile decay.” His son Daniel Rigby was present when he died.]
[2] John Walsh, died 2 March 1934, aged 68. [The death register reveals that he was a widower of Busherstown, Glenmore, and worked as a labourer. He died of broncho pneumonia and his sister Johanna Walsh was present when he died.]
[3] Margaret Doherty, died 26 March 1934, aged 69 (buried Shambo). [Per the death register Margaret Doherty, of Milltown, Glenmore was 67 when she died of asphyxiation from a toxic goitre.]
[4] William Walsh, died 17 April 1934, aged 82. [ Wm. Walsh, of Busherstown, Glenmore, was listed in the death register as an 81 year old, married, farmer when he died of “senile decay” in 1934. His daughter Hannah Walsh was present at his death.]
[5] Thomas Reid, died 19 April 1934, aged 56 (buried Mullinavat). [Thomas Reid was listed as 53 years of age in the death register. He was living in Busherstown, Glenmore, working as a labourer. Thomas was a bachelor. He died of septicaemia (blood poisoning) in the New Ross hospital after 2 days.]
[6] John Fitzgerald, died 25 April 1934, aged 95. [John Fitzgerald died at Knockbrack, Glenmore. He was a widower, farmer. He died of “senile decay” and his nephew John Fitzgerald was present at his death.]
[7] Stone? Roche, died 26 April, 1934 aged 68.
[8] Mrs. Neill, died 30 April 1934, aged 75. [Julia Neill, widow of Weatherstown, Glenmore died of broncho pneumonia. Her nephew Thomas Connolly was present when she died].
[9] Ellie Brennan, daughter of Mr. and Mrs. John Brennan died 1 December 1934, aged 15. [The child died of acute eczema that covered her entire body. The secondary cause of death was nephritis. She was ill 12 days.]
[10] Mrs. Power died at the age of 85. Her date of death is blank. [We could find no woman named Power who died locally in 1934 and was 85 years of age.]
While searching for a Roche who died in April 1934 we came across Richard Roche, of Scartnamore, Glenmore, who died the 17th of November 1934. He was a bachelor, aged 68, farmer. He died “probably of heat stroke.” John Connolly was present at his death in Scartnamore.
While searching Glenmore headstones we found that James Walsh of Ballybrahee, Glenmore died 5 October 1934, aged 43. [James J.K. Walsh (1891-1934) was married to Lizzie J.K. née Heffernan (1884-1955). The couple operated a shop and dance hall in the Village. See our post of 22 December 2020 for further details of the family. ]
1974 Glenmore Burial Records
In 1974, 14 Glenmore burials are recorded.
[1] Catherine Forristal died 25 March 1974, aged 82. [Per Glenmore headstones Catherine Forristal was the widow of Patrick Forristal (c. 1897-1969) of Ballyverneen, Glenmore. Catherine’s maiden name was Phelan of Coolnaleen, Glenmore. Their daughter Peggy married Denis O’Dwyer (c.1929- 2000).]
[2] Michael Delahunty died 30th April 1974, aged 70. [It is believed that this was Mick Delahunty was a native of Rochestown and worked for May Roche of Scarte, Glenmore. Mick was a jolly, bachelor.]
[3] Patrick Walsh, died 2 April, 1974, aged 52. [According to his obit in the Kilkenny People he was from Ballybrahee, Glenmore, married to Peggy Fitzgerald and the couple had five children: Martin, Bernard, Teresa, Breda and Imelda (Fri. 19 April 1974, p. 10).]
[4] James Walsh, died 23 April 1974, aged 79.
[5] Catherine Barry, died 28 May 1974, aged 78. [Per the Glenmore headstone Catherine née Culleton was married to Thomas Barry (c. 1895-1981) of Carrigcloney, Glenmore.]
[6] John Forristal, died 11 August 1974, aged 87. [Per the Glenmore headstones John was a bachelor. He was the son of Laurence & Bridget née Kirwan Forristal.]
[7] Elizabeth Fitzgerald, died 25 August 1974, aged 74. [Per the Glenmore headstones Elizabth was the widow of James Fitzgerald (c. 1889 -1963) of Flemingstown, Glenmore. Elizabeth’s maiden name was Burke].
[8] Brigid Doherty, died 4 September 1974, aged 84. [Per the Glenmore headstones Bridget née Freyne was 78 when she died. She was the widow of William Doherty (c. 1891-1968) of Ballinlammy, Glenmore.]
[9] Michael Murphy, died 4th September 1974, aged 45. [Michael Joseph Murphy was a native of Rochestown, Glenmore and started Murphy’s Motor. He was a husband and father of a young family when he was tragically killed in a car crash. See our post of 27 June 2020 regarding Michael’s runaway tractor in Glenmore Village.]
[10] John Fitzgerald, died 26 September 1974, aged 78. [Per the Glenmore headstones John was from Busherstown, Glenmore the son of John Fitzgerald (c. 1852-1922) and his wife Ellen Sullivan (c.1861-1937). John’s (c. 1896 -1974) wife was Hanna Stasia Cody (c. 1909 -1943).]
[11] Mrs. Bridget Kirwan, died 24 November 1974, aged 56. [Per the Glenmore headstones Bridget’s maiden name was O’Connor and she was a native of Ballyfacey, Glenmore. She married John Kirwan (c. 1902-1993) of Gaulstown, Glenmore. Bridget died of breast cancer.]
[12] John Doherty, died 28 November 1974, aged 81. [Per his obit in the Munster Express, John was a native of Davidstown and a prominant footballer as a young man. He married Bridget Wall, of Davidstown , and the couple had 10 children. Jack, as he was known, was the Director of Clover Meats for 36 years until he retired (Fri. 6 Dec. 1974, p. 6).]
[13] Richard Kehoe, died 15December 1974, aged 61. [Dick Kehoe, of Rathinure, Glenmore, was married to Mary Doherty, of Ballinlammy, Glenmore.]
While searching the Glenmore headstones we located three others that were not listed in the parish burial records.
Edward Fitzgerald, a native of Rathinure, Glenmore, who died in Southport, England, on 19 January 1974, aged 86.
Bridget Power née Mackey died on 4 March 1974 in Southport, England. She was the widow of John Power (c. 1884-1965) of Ballycroney, Glenmore.
Darragh Shine, of Glenmore Village, was just 3 years of age when he was struck and tragically killed by a car on 3 July 1974.
Alice Power née Curran died 20 July 1974 aged 93. Prior to her marriage to Walter Power (c.1888-1961) of Jamestown, Alice was a National School teacher in Glenmore.
Darren James Phelan, of Ballyfacey, Glenmore died in infancy on 18 December 1974.
Please send any corrections or additional information to glenmore.history@gmail.com. Some information and obituaries may be found on our Glenmore Family Surname pages or the obituary page.
Dr. Kathleen Moore Walsh
From Danny’s Files: Some Old Local Words & Phrases
Danny Dowling (1927-2021) loved old words and phrases. Danny recorded the following list of words and phrases. Most appear to be Irish. Danny often expressed regret that he didn’t have more Irish, but confessed that he did not enjoy school when he was a boy. For more local Irish words or information on the last Native Irish speaker in Glenmore see our Irish page. See our post of 23 August 2020 regarding Glenmore and the Irish language.
Glenmore Farming Words
Ray—9 drills usually of potatoes. This word still in common use in Glenmore.
Girock—Short drills in the corner of a field.
Corcóg—A little heap of sods from baiting, made for drying which resembled a skep or straw beehive preparatory to burning and spreading the ashes as manure.
Fittin—Tilling for a corn crop. “I was Fittin.” A word which was in general use in the Enniscorthy area. Obtained from Vincent Codd, Rathnure, Wexford in 2006.
Scilóg—A portion of a potato tuber containing an eye or sprout used for planting. The practice of cutting larger tubers into portions containing an eye was much in use for potato planting in the old days. This word was used by Paddy Forristal of Graiguenakill on Sunday, 25 March 2007 in Maypark Nursing home.
Sop—A small amount such as a fistful of hay.
Sugan—A hay or straw rope. It was used for holding down a cock of hay. Update: Andrew Doherty of Tides & Tales, stated that the word was also used by fishermen. Sugán meant that the rope or a net was completely twisted and knotted up. Sometimes a small salmon (peal) would be twisted in a sugán in the nets…ie hard to clear.
Filipín—A piece of timber like a gawlóg for twisting a sugan.
Hinny—a jennet
Dromán—a strap across a horse’s back for holding up the drafts.
Glugger—a hatching hen
Corandy—a loft
Calling Farm Animals
Tiuc-Tiuc—Words used for calling chickens.
Chick-Chick—Words used for calling chickens.
Bí- Bí—Words used for calling turkeys.
Finnie-Finnie—Words used for calling ducks.
Dhock-Dhock—Words used for calling pigs.
Bhoc-Bhoc—Words used for calling piigs.
Hi-Hi—Words used for calling cows.
Cob-Cob—Words used for calling horses.
Glenmore Household Words
Guddy—White bread mixed with tea, milk, and sugar. A food given to children from about the age of 1 to about 3 years or more. Usually given at evening time.
Choppy—Mashed potatoes with butter and a little milk given as food to children from about a year upwards.
Hotchpotch—A Scottish mutton and vegetable dish.
Flummery—A dish made from flour or mill dust, a kind of dessert.
Sillabub—A trifle dish.
Bóshán—A sun or air dried cow dung picked from the field in summertime and used by poor people for burning in the fire.
Tránín—A variety of grass with seed heads which was picked by women from poor households to supplement income of the household.
Mogabulya—A piece of timber which was used in old times at the back of the door to make it more resistant against people who might attempt to break in the door.
Faggot—A bundle of sticks for fuel.
Glenmore Personal Words
Mogalore—A state of intoxication.
Buineac—Diarrhoea or looseness of the bowel. (Tom Roche of Coolnaleen gave Danny this word on the 11th of January 2007. This word was formerly in use in the Coolnaleen area of Glenmore.)
Bouzhgee—Another word for diarrhoea used in the Coolnaleen area. Also provided to Danny by Tom Roche on 11 January 2007.
Cutting in the guts—The phrase Danny recalled used during his youth for diarrhoea.
The Mudge—Sulking. From Martin Gahan, Ballinamona, Slieverue.
Offensive Local Words
Beak—An offensive word for mouth.
Melt—An abusive word meaning a useless person. From the word meilit meaning blunt or useless. Update: Andrew Doherty of Tides & Tales related that a hoors melt or Whore’s Melt…that was the worst of all.
Bockety—A beggar or deformed person from bacach.
Dunderhead-A stupid person.
Some Local Sayings
The worst cow in the yard balls the loudest (from Mrs. Morrisseyy, Milepost.)
The smartest of flies get caught in a shit.
Don’t care a continental (could not care less).
There was no take on her. (A girl who had no admirers or requests of marriage.)
Please send any corrections or additional information to glenmore.history@gmail.com. The featured photo above is an old postcard depicting the the interior of St. James’ Catholic Church of Glenmore (date unknown but prior to Vatican II).
Dr. Katheen Moore Walsh
From Danny’s Files: The Manslaughter of Catherine Fitzgerald of Glenmore, Waterford
Danny Dowling (1927-2021) spent a considerable amount of time in the Waterford Public Library searching old local newspapers for news articles regarding Glenmore. Danny recorded that in the Waterford Mail of Saturday, the 21st of July 1838, Cornelius Fitzgerald was transported for 15 years for the manslaughter of his wife Catherine Fitzgerald, at Windgap, the 25th of March.
It is not apparent from his notes, but it is likely that Danny realized quickly after reading the article that the Glenmore where the Fitzgeralds lived was located in County Waterford. We are featuring the Waterford manslaughter case today because of the insight it provides to crime and justice in the early 19th century. It also serves as a useful contrast to the 1822 manslaughter of Catherine Hanrahan (c. 1798-1822) of Rochestown, Glenmore which we posted on 6 November 2022. Catherine Hanrahan was pregnant and shot in the back by a Waterford bailiff who was sentenced to 6 months for her manslaughter.
Bridget Fitzgerald née Mulcahy (?-1838)
We were unable to locate baptismal or marriage records for Bridget Mulcahy and her husband Cornelius Fitzgerald. We know from the newspaper accounts, of Cornelius Fitzgerald’s trial for the manslaughter of his pregnant wife, that the couple were married about 1833. We were able to locate baptismal records for three children born to the couple: (1) James Fitzgerald was baptized on 10 November 1833; (2) Catherine Fitzgerald was baptized on 11 September 1836, and (3) Cornelius Fitzgerald was baptized on the 22 April 1838. All three of the children were baptized in the parish of Dungarvan, Co. Waterford. According to testimony at his father’s trial, Cornelius the youngest child, only lived 4 days. It is not known if either of Bridget’s other known children survived her.
Waterford Assizes July 1838
Some of the convictions of the Waterford Assizes of July 1838 are outlined below. There is a lot of concern today regarding violent crime, but it seems apparent that in 1838 society was very violent. In one month in Waterford there were two convictions for murder, one conviction for manslaughter and a conviction for what today would be an aggravated assault on an elderly man.
At the County Waterford Assizes at the end of July 1838, the following convictions were recorded: Cornelius Fitzgerald, for killing his wife, when in a state of pregnancy, was sentenced to 15 years’ transportation; John Fitzgerald, of Cappa, was convicted for harbouring and maintaining the notorious Connery’s, convicts and prison breakers; William Merman, carpenter, for the murder of his apprentice to be hanged the 4th of August; Martin Kelly, for shooting at, and grievously wounding the late Mr. John Keeffe (who was aged over 80); and John and Patrick Connery, goal breaking, were senteced to 15 years’ transportation (Kerry Evening Post, Wed. 25 July 1838, p. 1).
At the Waterford City Assizes, Andrew English was convicted of stealing sheep and sentenced to 15 years’ transportation. Thus, Cornelius Fitgerald received the same sentence for killing his wife as another man received who stole sheep and two other men received who broke out of prison. Lastly, Thomas McCarthy was convicted of the murder of his wife and sentenced to hang on the 4th of August (Waterford Mail, Sat. 21 July 1838 p. 3). Thomas Carthy (sic) was granted a “respite until further orders” for the murder of his wife. He was recommended to “mercy on account of imbecility of mind” (Waterford Mail, Sat. 4 August 1838, p. 2).
The Trial of Cornelus Fitzgerald
Although the results of his trial were reported widely, the details of the trial were only reported in two Waterford newspapers: The Waterford Mail (Sat. 21 July 1838, p. 2) and the Waterford Chronicle (Sat. 21 July 1838, p. 7). We shall utilise the slightly longer Waterford Mail and place any additional facts or information from the Waterford Chronicle in parentheses.
Cornelius Fitzgerald was put forward, charged with the manslaughter of his wife, Bridget Fitzgerald, at Windgap, on the 25th of March 1838.
The Testimony of Mary Keily/Keife
Mary Keily was sworn and examined by Counsellor Dixon. (The Chronicle reported that Mary Keife, not Keily, was sworn and examined through an interpreter, Mr. Dixon.) It seems likely that all the witnesses and probably the defendant only spoke Irish while the trial was conducted in English. However, the reference to an interpreter was only made regarding the testimony of Mary Keily/Keife.
Mary testified that she knew “the prisoner at the bar” for the last 20 years, and she knew his wife, Bridget Fitzgerald. She explained that the prisoner and his wife lived near her at Glenmore. She stated that the prisoner and his deceased wife were “5 years married.” Before her death the deceased “was in the family way.” Mary stated that Brigid died on “last Easter Monday.” Easter in 1838 fell on Sunday the 15th of April which suggests that Bridget Fitzgerald died on the 16th of April and did not die on the 25th of March as her husband was charged.
Mary testified that she often saw the prisoner strike his wife, but she did not see him strike her for some time before her death. Mary saw him kick his wife and beat her with a rope and an iron back band. Bridget Fitzgerald only lived a short time after her lying in. Mary saw bruises on Brigid on the Good Friday before her death. She also had a cut on her head and blood on it. Mary washed Bridget’s head twice (and both times there was blood in the water.) She saw Brigid’s black back only at the inquest.
Cross Examination of Mary Keily/Keife
Mr. Hassard conducted the cross examination. Mary stated that it was the prisoner that called her to attend his wife during her confinement. He did not go for Bridget’s mother although her mother had been with her the week before her death. The prisoner and a little boy went for the priest, but when the priest arrived Bridget was insensible. The child Brigid bore lived four days after his birth. Mary could not tell at what time Brigid was struck with the backband.
The Testimony of Mrs. Bridget Mulcahy
Bridget Mulcahy was sworn, and examined by Counsellor Scott, Q.C. Bridget testified that she was the mother of the deceased, and that she had been with the deceased a week before her death. When she arrived at the house she went into the room where her daughter was lying, and found her “like a beehive” at the foot the bed. Her daughter told her to look at her head, and “said that she did not consider the pain in her head to be compared with her back.” She told her mother that “she was killed on the Friday before Good Friday,” when struck with bellows that the prisoner threw at her. Her daughter went on to say that “the blood coming from her head made her heart break and that it was her husband that killed her.” Mrs. Mulcahy testified that her daughter was delivered before she died in the week after Good Friday. Mr. Hassard cross-examined this witness, “but nothing material was elicited.”
The Testimony of Doctor Travers
Dr. Travers was examined by Counsellor Porter, Q.C. Dr, Travers testified that he performed a post mortem on the deceased about a week to ten days after she was buried. (He could not recall the date in early May). He found there was an open wound on the head about one inch and quarter long. The wound might have been given the week before the examination. He noted that there was also blackness about the abdomen and on the back. Dr. Travers said “he rather thinks that the wound was occasioned by violence.”
He also stated that there were “no evident marks to occasion the death of the deceased.” While the wound on the head was open, a blow on the abdomen, or on the spine, would be of great injury to person in the state the woman was in. He did not find any coagulated blood on the wound on the head. The doctor opined that the injuries might have brought on premature labour. In the doctor’s opinion, from the state of the womb, the wounds would have caused death. (The Waterford Chronicle reported that the doctor stated that death was caused in his opinion “from all of the circumstances, was, that violence was the cause.”)
(In response to a question from a juror the doctor stated that he thought the injuries caused premature labour.)
The Cross Examination of Doctor Travers
Cross-examined by Mr. Hassard the doctor testified that the midwife could have a better knowledge of the state of the woman because he had not seen the body until seven or ten days after interment. (If he had seen the blackness on the body before burying, he might say that they were not the cause of violence.) (The doctor also stated that if two ignorant women had been attending a person in her confinement, it is not unlikely that there would be more danger in that case.) (In response to another question from a juror the doctor stated that he believed that the woman who attended as a midwife was not usually employed in that way.)
The Verdict & Sentence
The defence did not put forth any witnesses. Mr. Hassard addressed the jury on behalf of the prisoner (spoke to evidence, and said that the case was one of very considerable doubt at least. The learned gentlemen proceeded to speak at great length, and with much eloquence on the evidence. )
Mr. Hassard “dealt with the Crown Counsel with some severity for not having brought forward a person of the name of Shea who had been instrumental in ‘exciting’ the prosecution.” This “occasioned some warm expressions between him and Mr. Scott.” The matter was only settled when Mr. Scott explained “the cause for not bringing Shea forward.” The judge having charged the jury, they retired, and in few minutes found a verdict of guilty. (In contrast the Waterford Chronicle reported, the judge charged the jury at very considerable length, who retired for some time, and returned a verdict of guilty).
Cornelius Fitgerald was sentenced to be transported for 15 years.
Please send any corrections or additional information to glenmore.history@gmail.com.
The featured photo above is courtesy of wikimedia and depicts the 19th century connvict ship The Neptune. For further reading on transportation see generally, Allingham, “Transportation as Judicial Punishment in 19th Century Britain.”
Dr. Kathleen Moore Walsh
Building the Railway: Glenmore Man’s Remains Unearthed & Another Man Injured
The New Ross Standard, of Friday 27 Feb. 1903 (p. 5) published a sensational article concerning skeletal remains unearthed in Rosbercon on Monday the 23rd of February 1903. While excavating a sewer under the newly laid railway crossing “well preserved bones of what must have been a largely built man when in the flesh.” The same article appeared within days in the Wicklow People (Sat. 28 Feb. 1903) and the Enniscorthy Guardian (Sat 28 Feb. 1903). It was not carried apparently by any of the national papers.
The Centennial Controversy
As the 100th anniversary of the 1798 Rebellion approached the old tales and rumours concerning Glenmore man William Gaffney, and his alleged betrayal at the Battle of New Ross, surfaced and led to his headstone in Kilivory (Kilmakevogue) cemetery being broken by vandals. Danny Dowling (1927-2021) in his article entitled “South-east Kilkenny in 1798 and the Role of William Gaffney,” (Decies (Sept. 1983, vol. 24) pp. 14-19)) sarcastically labeled the gravestone vandals “patriots.” For further information on Glenmore in 1798 see our post of 22 February 2020.
Some descendants of William Gaffney were still residing in Glenmore in 1898 and challenged several of the published attacks on their ancestor. Eight decades later, Danny was so impressed with Brigid M. Gaffney’s letter of 28 May 1898 to the New Ross Standard, that he published it in his Decies article. The ear bashing she delivered in 1898 is perhaps the reason the New Ross Standard in its 1903 article stated that it had no desire to hurt anyone’s feelings. For further information on the Gaffney family see our post of 21 August 2023.
“GAFNEY OF GLENMORE, HIS REMAINS UNEARTHED”
SENSATIONAL DISCOVERY AT ROSBERCON. A sensational discovery, which has aroused much public interest, was made at Rosbercon on Monday. A man named Dillon, whilst excavating a sewer-way under the railway crossing, unearthed the well-preserved bones of what must have been a largely-built man when in the flesh. There was evidence of considerable quantity of lime about the remains.
Now whose remains could these be? The “oldest inhabitant” cannot say with certainty. The body of a man could not have got there by accident. How then? It is conjectured, and the belief is strongly held in the locality, that the remains are those of Gafney, of Glenmore, who figured prominently, and to say the least, doubtfully, in the dark days of New Ross in the year 1798, when a brave and glorious, though unsuccessful, struggle was made by the county Wexford insurgents for civil and religions liberty.
We have no desire now to hurt the feelings of anyone, but the discovery of Monday, and the very circumstantial account told, and the widely accepted deduction made, necessitates our reverting to what must be a painful recital to some people. The battle at New Ross, though admittedly one of the most brilliant of the series on the part of the insurgents, was nevertheless the Waterloo of the insurrection, and, like Waterloo, will be rightly or wrongly associated with betrayal. Gafney, of Glenmore, an athletic man, and the leader of the Kilkenny insurgents, had his men nested at Tinneranny before the battle of Ross, and while the engagement was taking place, he moved by a circuitous route towards Glenmore.
His answer for failing to come to the fray was that he did not get the proper signal from Corbet Hill. A few days after the battle he fell into the hands of the military, and was taken to Rosbercon, and there court martialled and shot nearly opposite the very modern castle, and his remains were interred in quick-lime at some some point between the place of execution and the river. We thus see it is very possible that the remains now found are those of the ill-fated Gafney, who, at any rate, can scarcely be acquitted of cowardice.
The key stone of an arch supposed to belong to the old monastery in Rosbercon was found at the head of the remains, which were only about two feet under the footway as one turns into the station from the river side. By the way, the stone in question has been annexed by Paddy Lee, the Boat Club caretaker for the curiosity of the members of that institution.
Unfortunately, the New Ross Standard did not report on what happened to the skeletal remains.
The Glenmore Grave
Danny stated in 2020 that the remains found in Rosbercon were buried in the Gaffney grave in Kilivory (Kilmakevoge) cemetery. No newspaper coverage of this burial could be located, and what steps the authorities took to identify the remains is not known. This event took place long before DNA or other modern forensics. If the remains showed gunshot damage as alleged in the 1903 article it is unlikely the skeleton belonged to William Gaffney. Gaffney in contemporary accounts was hanged not shot by the British in 1798.
The old headstone erected by William Gaffney’s widow still stands with repairs clearly visible. On the grave itself paving like squares, apparently concrete, were added and Danny opined in 2020 that they may have been added to stop further disturbances to the grave.
The marker is inscribed:
Erected by Bridget Gafney alias Dunphy
in memory of her husband Will'm Gafney
who dep'd this life June ye 13th 1798 aged
36 years
Also his father Mich'l Gafney who dep'd
this life Sept ye 26th 1783
Another Railway Injury
In searching for newspaper accounts regarding the remains we came across another serious injury connected with the building of the railway extension line through Glenmore.
On Thursday, the 5th of March, Michael Knox, Nicholastown, Co. Kilkenny, was admitted to the Waterford County Infirmary suffering from severe injuries to the head and face. His injuries were caused by the premature explosion of a blasting charge on the New Ross to Waterford railway extension (Munster Express, Sat. 7 March 1903, p. 5).
Please send any further information or corrections to glenmore.history@gmail.com. The featured photo above was taken yesterday of the Gaffney grave at Kilivory (Kilmakevoge) Glenmore.
Dr. Kathleen Moore Walsh
The First Death: Building the Railway Through Glenmore
The railway extension line from New Ross to Waterford began in August 1900 and by February 1901 newspapers were reporting on the drunkenness of the railway labourers or navvies as well as injuries and a death. Surprisingly, in the same article where it was reported that two navvies suffered severe injuries the editor of the Waterford News & Star opined that the best course of action to tackle shebeening and drunkenness by the navvies was to put a well managed pub into Glenmore Village.
See our post of 3 June 2024 regarding the setbacks the railway encountered, the recorded feelings of New Ross leaders regarding the project, and the published list pf proposed compensation to people in the path of the line from Rosbercon to Balyverneen, Glenmore.
Danny Dowling (1927-2021) stated that there were two pubs in Glenmore Village until the then parish priest forced them to close circa 1870. Glenmore Village did not obtain a pub until 1963. See our post of 8 May 2023 regarding Glenmore Village losing its dry distinction.
Tremendous Drunkenness Among the Navvies
The Waterford News & Star (Fri. 22 Feb. 1901, p. 8) published the following article:
“At the Petty Sessions,… District Inspector Mercer, Piltown, Prosecuted one Mary Fokes, alias Russell, a New Ross traveling huckster, with selling intoxicating drink without a license. The prosecution was brought under the 3rd section of the Licensing Act of 1872, and for the defence, Mr. John B. Colfer, solicitor appeared. Sergeant Stapleton proved that the navvies working on the Railway line at Glenmore were lately more drunk than ever, and that Mary Russell’s movements amongst them he suspected that she was conveying them lots of stimulants.”
“On the fourth of the present month he ambushed the defendant with a pony and car arrived on the scene, the navvies regaled themselves with porter, and he saw money pass. The car contained several dozen of full and empty bottles of porter and whiskey. John Power, navvy, deposed to having purchased three bottles of stout, and paid six pence for them on the occasion, where Mr. Colfer remarked that they were dirt cheap. Mr. Mercer pressed for the full penalty, and said there was tremendous drunkenness amongst the navvies.“
“Mr. Colfer ridiculed the D.I’s statement as to all he drunkenness amongst navvies being attributed to Mary Russell. He confessed that he never heard of sober navvies. He submitted that the defendant was ignorant of the law…, however the court imposed a £5 fine…”
Dry Glenmore
The editor of the Waterford News & Star then stated, “Those who like navvies are determined on obtaining drink will surely succeed somehow in their intention, and the persistent refusal of the licensing authority to grant a license between the bridge of Ross and the village of Slieverue, a distance of nearly 12 miles, covering a populous district of country serves as a strong inducement to the carrying on of such illegitimate drink traffic, and much Sunday debauchery as well as on Monday.”
“The granting of a publican’s license in the parish of Glenmore to our mind would raise instead of lower the morale of the district. It would be waste of time to argue the superiority of a well conducted public house where good drinks would be sold, over the prevailing shebeening in noxious intoxicants carried only in stealth all over the district, particularly on Sundays and holidays.”
“There seems to be a basis of old standing against granting a license for the sale of intoxicating drinks in Glenmore. It dates from the time that faction fights, when there were a couple of badly conducted licensed houses in the village, and of course in the time of Sunday selling, and it would appear that forty or fifty years ago, the abuses had become so glaring that the authorities felt bound to abolish the then publican’s license.“
“Since then applications, all without avail have been made for new licenses, consequent on the fears and apprehensions given rise by the sandals of two or three generations ago. The writer, however, thinks and believes the majority of people in Glenmore will agree that the time has come when the ban of half a century ago ought in justice be removed” (Waterford News & Star (Fri. 22 Feb. 1901, p. 8).
Serious Injuries at the Milltown Cutting, Glenmore
After advocating for a pub the newspaper then reported on two very serious accidents that occurred on the Ross and Waterford railway line under construction. “The accidents, though two miles apart, occurred almost at the same time. At the Milltown cutting, within 3 miles of New Ross, a man named Power, who belonged to the locality was the victim of an embankment slip of a couple tons of earth. Power’s body was badly crushed and one of his legs broken. He was conveyed by the ambulance car to the Union Workhouse Hospital, New Ross” (Waterford News & Star (Fri. 22 Feb. 1901, p. 8)
Serious Injuries at the Carrigcloney Rock Cutting, Glenmore
“The second accident took place at the Carrigcloney rock cutting, and where a navvy named Roche unknowingly approached a part of the cutting where an explosive was just set, and one of his limbs was just severed from his body, while his body and head suffered terribly. The doctors in attendance decided that an amputation of the limb was necessary to prolong his life, but Roche would not assent to the ordeal and was sent to the Waterford Union Hospital. It is considered that his case is a very serious one indeed” (Waterford News & Star (Fri. 22 Feb. 1901, p. 8).
Death of Patrick Roche (c. 1859-1901)
Our research in the death register has revealed that Patrick Roche, a 42 year old married, labourer, residing in Glenmore, died on the 22nd of February 1901 at the County and City Infirmary of Waterford. He died “from the effects of injuries accidentally received on the 19th of February whilst blasting.” An inquest was held into his death on the 28th of February by the Waterford Coroner, Edmund Power. We believe that Patrick was the first man to die during the construction of the railway line through Glenmore.
The Munster Express reported that Patrick Roche was injured on Wednesday the 20th of February. He was engaged in blasting a quarry at Glenmore, Co. Kilkenny. “His injuries were very serious, and he was at once conveyed to the County Infirmary, where it was deemed by the doctors necessary to amputate one of his legs. He, however, succumbed to his injuries on Friday at 3 pm. His remains were removed to his late residence on Saturday evening. An inquest was held at Mr. David Cant’s public house, Johnstown [Waterford City], on Thursday last. Mr. Smith, D.L., Head Constable Alen, and acting sergeant Teese watched the case on behalf of the police, and Mr. D. Dunford, solr. was present on behalf of the contractors (Pearson & Son, New Ross).” A jury was sworn (Munster Express, Sat. 2 March 1901, p. 5).
The Evening News (Waterford) provided additional details. Evidence was given by Michael Connolly, who was working with the deceased at the time of the accident, to the effect that the deceased, whose business it was to set the charge and ignite it, returned after putting the fuse to it, bit as there was no explosion, and thinking he had not set fire to it, he again returned, and just as he was within a yard of the place it exploded (Evening News (Waterford) Thurs. 28 Feb. 1901, p. 3.)
After hearing the evidence of the widow, Mr. Bannett (engineer) and a labourer named Walsh, employed on the extension; also Dr. Kelleher and Head Constable Allen, the jury found that the deceased died from the effects of the injuries of an accident received whilst blasting on the New Ross and Waterford Extension Railway at Carrigcloney, and that as deceased was inexperienced blasting, the company should compensate deceased’s widow for the loss she has sustained, and they came to the conclusion that an experience person should be in charge and see that the proper time should be given before the men should return to the place of blasting” (Munster Express, Sat. 2 March 1901, p. 5). According to the New Ross Standard, Patrick Roche was from the north County Kilkenny (New Ross Standard, Sat. 23 Feb. 1901, p. 5).
James Power (c. 1854-1920) of Jamestown, Glenmore
The New Ross Standard, identified the other man injured, named Power. He was James Power of Jamestown, Glenmore. He was badly crushed by falling earth from the Forrestalstown (sic) cutting rather than the Milltown cutting (New Ross Standard, Sat. 23 Feb. 1901, p. 5). James Power survived his injuries and was found still residing in Jamestown, Glenmore in 1911.
We believe that the injured James Power, of Jamestown, was married to Catherine Purcell (c. 1861-1945). The couple married on 3 October 1886 at Glenmore. James was a labourer and son of John Power (farmer) of Jamestown. Catherine was the daughter of Edmund Purcell (labourer) of Forrestalstown (sic). At the time of their marriage James was 34 and Catherine was 25. In the 1901 Census Catherine was living in Jamestown, Glenmore (aged 35) with her children. James was not present, but he may have still been in the hospital. In the 1911 Jamestown Census he gave his age as 60 and Catherine or Kate said that she was 50. In 1911, James was employed as an agricultural labourer. The couple are buried in Glenmore, and their headstone provided their dates of death.
Please send any corrections or additional information to glenmore.history@gmai.com.
Dr. Kathleen Moore Walsh