Henry Alcock Esq.
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The Plight of Richard Fitzgerald (1793-c. 1860) of Aylwardstown, Glenmore
Today, we are going to highlight false public accusations made 205 years ago against an Aylwardstown, Glenmore man, Richard Fitzgerald (1793-c. 1860). In order to put the events into context we shall provide background information concerning the magistrates and policing in 1821. We have attempted to utilize the quaint language and spellings published in the 1821 Waterford newspaper covering the events.
Background
In Ireland magistrates were the primary instruments of the law for dealing with the disorder in the late 1700’s and early 1800’s. Under various legislation enacted by successive governments magistrates were given wide powers to search for arms as well as the right to grant or withdraw licenses for citizens to hold weapons. Magistrates were able to search houses if they suspected arms were concealed or if an occupant was absent at night. They were also empowered to question suspects against the threat of unlimited imprisonment. Although such powers allowed ample opportunity for abuse, they “seem to have been rarely used” (Virginia Crossman (1991) “Emergency Legislation and Agrarian Disorder in Ireland, 1821-41,” 21(1) Irish Historical Studies, 309-323).
Magistrates in execution of their duties could call on the army stationed in the countryside. A country-wide policing force, the county constabulary was created in 1822, although not every county was covered until 1825. These officers became the Royal Irish Constabulary. “County magistrates provided the lynchpin of the peacekeeping apparatus. (Crossman, p. 312). In 1822, the Insurrection Act was resurrected after troops and peace preservation police and the opening of a special commission failed to stop agrarian outrages in the south-west (Crossman, p. 313).
“Both the Insurrection Act and the suspension of habeas corpus were tried and trusted remedies in Ireland. Habeas corpus was suspended from 1797-1802 and from 1803-1806, and the Insurrection Act had been in force from 1795 to 1802, and 1807 to 1810 and from 1814 to 1818.” The original sentence for breach of the Insurrection Act was a death sentence for anyone administering an unlawful oath and transportation for anyone taking an unlawful oath (Crossman, p. 314).
The Kilmacow Rumour: The Night of 15/16 December 1821
What appears to have kicked off Richard Fitzgerald’s troubles was a rumour of armed men in Kilmacow. The Waterford Mirror reported “[w]e regret to find the strongest ground for suspecting that last Saturday night, or Sunday morning, there was, at or about Kilmacow, an illegal assemblage, or rather visit or procession, of armed men on foot. It was supposed by many that the men belonged to the police of a neighbouring Barony; but enquiry had completely falsified that supposition” (Waterford Mirror, Wed. 19 Dec. 1821, p. 3). This rumour at the end of the month was refuted by the parishioners of Kilmacow and Dunkitt (Waterford Mail, Wed. 28 Dec. 1821).
The Magistrates’ Search: 17 December 1821
On Monday, the 17th of December, John Snow and Henry Alcock, Esqrs., with a party of the 86th Regiment, made a general search for arms through that part of County Kilkenny, situate between Glanmire (sic) and Bishop’s Hall, by Tory Hill, and obtained six stand, which they lodged in the Tower of Waterford (Waterford Mirror, Wed. 19 Dec. 1821, p. 3). It appears that the two Magistrates were motivated by the Kilmacow rumour to search the local Kilkenny countryside for arms.
In attempting to discover how many arms represents six stand we found two possible explanations. One explanation is that a stand represents the complete kit a soldier requires. Thus, a stand would indicate a firearm, powder and ammunition and a bayonet. Another possible explanation was that it represented how weapons were stored or stood together. This usually reflected a minimum or three firearms. So either six or eighteen (or more) arms were taken in Kilkenny and stored in the Tower of Waterford.
Within a week of their searches the two magistrates sent a letter to the Editor of the Waterford Mirror, dated Christmas Eve. “We beg you will insert, for the information of the Public, the inclosed (sic) Affidavit, made by a disinterested person, who happened to be confined in the Tower the night Fitzgerald was there. This and other information we have on oath, and which we cannot now disclose, respecting the present state of the County Kilkenny, induced us to make a search for arms, knowing it to be dangerous to the peace of the county to have arms in it, which could be easily obtained by improper persons.”
The Affidavit of Anne Fitzgerald: Dated 18 December 1821
“Anne Fitzgerald came this day before me, and voluntarily made Oath on the Holy Evangelists, and saith(sic)—That on Monday morning last, when this Informant was confined in the Tower at Waterford, she was there told by a man of the name Richard Fitzgerald, also confined there, that he had a large faction in County Kilkenny, and that they had plenty of Ammunition. Informant also heard him mention the names of several persons of the very worse character, as being comrades of his. Particularly that noted bad character Captain Grant, who was hanged some time since, and told Informant that he belonged to Captain Grant’s gang, and that he used often to ride with him from Tipperary to Wexford. Sworn before me this 18th day of December 1821. Signed, Henry Alcock and Anne Fitzgerald made her mark” (Saunders’s News-Letter, Thurs. 27 Dec. 1821, p. 3). [For further information on the infamous highwayman Jerimiah Grant (1785-1816) a/k/a Captain Grant see, Grant on Line.]
Richard Fitzgerald wasted little time responding to the allegation made by Anne Fitzgerald. He wrote a letter to the Editor of the Waterford Mirror and attached his affidavit and a character reference. All three documents were published in the Waterford Mirror (Sat. 29 Dec. 1821).
Richard Fitzgerald’s Letter to the Editor of 26 December 1821
“Sir—I have seen in your independent paper of the 24th instant, a paragraph setting forth an affidavit made by a woman of the name Anne Fitzgerald, then confined in the Tower of Waterford, (I believe not for her good behaviour), lest the public might be led to believe it true, I beg you will have the goodness to insert in your useful columns, the annexed Affidavit and Characters, which, I trust will be sufficient to refute any further aspersions thrown out against me by her, or any prejudiced person who may be so infatuated to act as she had done. I remain, Sir, your very humble Servant, Richard Fitzgerald.”
Affidavit of Richard Fitzgerald of Midway House, Glenmore
“Midway House, Dec. 26
County Kilkenny
Before one of his Majesty’s Justices of the Peace for said County. Richard Fitzgerald, of Midway House in said County, farmer and publican, being duly examined and sworn on the Holy Evangelists, deposeth and saith, that he never told Anne Fitzgerald, when confined in the Tower of Waterford, that the Parish of Glenmore (or any other place) was any way disturbed, nor that he knew where there were any arms or ammunition, etc. The he did not tell her any thing respecting that notorious character, Captain Grant, but only this, that she, the said Anne Fitzgerald, asked him if he knew Captain Grant? He, informant, told her he had once seen him, as he rode through the County Kilkenny pursued by the Waterford Constables. Informant farther swears, that he never spoke a single sentence to the aforesaid Captain Grant; that he never rode with him in his life; that he never in Tipperary, and but once in Wexford; that he knows no more of Captain Grant’s adherents than he knew of himself; that the old carbine found in his house he never intended to conceal; that he never knew nor heard of arms or ammunition being in Glenmore, nor any other place, for any disaffected or disloyal purposes. Sworn to before me this 26th day of Dec. 1821. Signed by John Snow and Richard Fitzgerald.”
Character References for Richard Fitzgerald, Midway House, Glenmore
“We the undersigned, do declare, that we have known Richard Fitzgerald, of Midway House, from his boyhood, and that we have always known him to be a sober, industrious, and diligent young man; remarkedly honest in his dealings; never heard or seen anything disaffected or disloyal by him or his family, but always supported themselves by honest industry. Given under our hands, this 26th day of December 1821.” Signed Peter Strange, Landlord; Laurence Strange; P.E. Foristal; Thomas Esmond, Bart; and
John Fitzpatrick, P.P.
The Glenmore Referees
The men who provided character references for Richard Fitzgerald in December 1821 were residing in Glenmore or closely connected to Glenmore.
Peter Strange (c. 1735-1824) of Alywardtown House was the landlord for Aylwardstown. Thus he was Richard Fitzgerald’s landlord. In 1821, Peter Strange was elderly. He died on 23rd of September 1824 at the age of 89 (Weekly Freeman’s Journal, Sat, 2 Oct. 1824, p. 4).
Laurence Strange (c. 1770 -1845) is believed to have been the son of Peter Strange and became the landlord of Aylwardstown in 1824. He was known in 1835 for reducing the rent of his tenants in Aylwardstown. Laurence Strange died on the 4th of February 1845 at Aylwardstown at the age of 75 (Freeman’s Journal, wed. 12 Feb. 1845, p. 4 ].
P. E. Foristal was Pierce Edmond Foristal (c. 1773-1843) landlord of Rochestown, Glenmore. See our post of 6 Nov. 2022 regarding the killing of his tenant Catherine Hanrahan in July 1822, and our post of 15 Dec. 2022 regarding the trial and the testimony of Pierce Edmond Foristal at the killer’s trial. See generally our post of 7 Oct. 2023 regarding the Forristal family.
Thomas Esmond, Bart. At first glance it was thought that this man was the 8th Baronet and husband of Lady Letitia Esmond (c. 1781-1851) of Ringville. However, her husband died in 1803 without issue. The man who gave this reference was likely the 9th Baronet (1786-1868). Ringville had been purchased from Pierce Edmond Forristal’s father by Nicholas Devereux. Letitia was Nicholas Devereaux’s niece and heir.
John Fitzpatrick, P.P. (c. 1758-1835) was the Parish Priest for the combined parish of Slieverue-Glenmore. See our post of 26 Feb. 2026 for further information on Fr. John Fitzpatrick (c. 1758-1835).]
Richard Fitzgerald (1793-c. 1860) Halfway House, Aylwardstown, Glenmore
Thanks to Ann Fitzgerald’s research and help it is believed that the above Richard Fitzgerald was baptized at Ballinaraha, Glenmore on 21 December 1793. This means that he was 28 when he faced the above accusations. Richard was the son of John Fitzgerald and his wife Bridget Brien. Richard was the first Fitzgerald to occupy the Midway or Halfway House of Aylwardstown, Glenmore. It was the midway point on the old stage coach road between Waterford and New Ross. Today, the road is known locally as the High Road or L3429.
On 29 February 1824, Richard married Mary Walsh of Rochestown. The Parish Register records Richard’s surname as Bryan (his mother’s maiden name). Their daughter Bridget Fitzgerald was baptized on the 23rd of March 1825, at Glenmore, and Richard’s surname is correct and the address on the record is “Halfway House.”
Concluding Thoughts
We performed a search to determine why Anne Fitzgerald was incarcerated in “the Tower of Waterford” today known as Reginald’s Tower. We could not locate any information concerning her arrest or detention. It is not clear why Richard Fitzgerald was detained for one night, but given the activities of the Magistrates in searching the countryside and his admission of having an old carbine in his house, it seems likely he was swept up and held until he could be questioned by the Magistrates. Unfortunately, the detained Anne Fitzgerald then provided her statement on the 18th perhaps in an effort to gain her freedom.
We did locate an article that indicated Lord Bessborough and others were offering rewards for the “apprehension and conviction within six months” for a list of acts committed near Piltown on Wednesday the 19th of December 1821” (Waterford Mirror, Mon. 21 Dec. 1821, p. 1). However, this reward was not published until the 21st and it appears that Anne Fitzgerald could not read or write if a reward was her motivation. It is also interesting she referenced Captain Grant who was executed 5 years earlier.
No other references to Richard Fitzgerald or Anne Fitzgerald appeared in 1822 Waterford newspapers (that we could locate), so it appears that the accusations died with the publication of Richard Fitzgerald’s affidavit and character references. As stated above, Richard Fitzgerald married 26 months after the public accusations and got on with his life, and thereby ensuring a Richard Fitzgerald today is still residing in the Halfway House.
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Please send any corrections, further information or photos to glenmore.history@gmail.com .
Special thanks to Ann Fitzgerald for her help with this article.
The drawing of the Tower of Waterford (Reginald’s Tower) is from The Dublin Penny Journal (8 Dec. 1832, pp 188-189) Stable URL: http://www.justor.com/stable/30002646 . The photo of the Halfway House was taken in 2022.
Dr. Kathleen Moore Walsh