James Butler (1862-1933) native of Flemingstown

Danny Dowling (1927-2023) was the Glenmore Village and Parish historian for 7 decades. His files are full of queries he answered from around the world helping people to connect with their Glenmore ancestors long before there were computers and other research conveniences. Danny often lamented that none die so well as the poor. What he meant was that little is left behind after they left this life such as land records, headstones, Wills or obituaries. Generally, only baptismal, marriage and death records may survive. However, every now and then a newspaper article or two provides information about a person. Today, we are going to present three short articles involving James Butler (1862-1933) who was a native of Flemingstown, Glenmore.

Horseshoeing Argument Leads to Criminal Charges

The New Ross Standard on 22 August 1896 in a column named “Notes From Beyond the Barrow: A Pistol Presented” provides a short description of two men who argued about horse shoeing.

“An ex-army man named Butler, a native of Glenmore, and lately living in Brownstown, Tullogher, was arrested by the Rosbercon police on Saturday on a charge of presenting arms at Thomas Leigh. On the previous day Butler had been around Rosbercon and on his way home in the evening met with Leigh, who is a smith. The conversation seems to have turned on horse shoeing, and they both became excited. Butler contended that the smith knew nothing about horseshoeing, and that if he wanted to know anything in that direction he should join the army. Leigh alleged that at this point Butler presented a pistol at him. He hastily retreated to Rosbercon and reported the matter to the police. The police found on Butler’s person a breach loading American pistol and four rounds of ammunition. He was remanded for trial to petty sessions” (New Ross Standard, Sat. 22 Aug. 1896, p. 4).

This event led to two different criminal charges against James Butler. The first charge was reported in the New Ross Standard of Saturday, 19 September 1896 (p. 4). The second charge of not having a license for the pistol was reported in the 17 October 1896 edition (p. 4).

The Charge of Presenting a Pistol

“The Queen at the prosecution of District Inspector Rainsford, and a native of near New Ross at Tinnakilly, near Rosbercon, on the 14^th August, unlawfully presented a pistol at Thomas Leigh, Rosbercon, with intent to do him serious bodily injury. Mr. Colfer appeared for the defendant.

Mr. Rainsford said that the case was not so serious as at first sight might appear. He read the information of Thomas Leigh, Rosbercon, who was sworn, and who affirmed it, stating that at Tinnakilly, on the 14^th August, he (Thomas Leigh) met defendant, James Butler. Deponent was a blacksmith, living in Rosbercon, and on that day had been brining a horse which had been shod, up to Thomas Shea. James Butler began to ridicule deponent and his father as to the way in which they did their business, and said they knew nothing about shoeing except driving nails. Deponent offered to bet £5 that Butler would not get a man who would shoe as well as his father, and Butler replied that if he wanted to know anything about horseshoeing he should enlist in the army. Deponent denied this, and thereupon defendant asked him did he mean to insult him, and pulling a pistol out of his pocket, presented it at his (witness’s) head. Deponent was a little afraid of Butler, and said he did not wish to have any argument with him. Deponent (sic) [should read Defendant] then put back the pistol and offered to shake hands with him. Witness shook hands with him and then left. The defendant had drink taken, but was not drunk. Deponent at first thought the defendant was a man named Ribby, but afterward found he did not know his name. When he reached Rosbercon he reported the matter to the police, and on the following day identified the prisoner.

Cross examined by Mr. Colfer—You did not know this man before? No. And he had no previous quarrel with you or anything of the kind? No. You say you were a little afraid of him? Yes. Did you think he intended firing it at you with intent to do bodily harm? He looked like it, but did not pull the trigger. Nor did he threatened to do so? No.

The District Inspector here produced the pistol, which with ammunition, was found on the prisoner after his arrest. Constable Kiggins gave evidence of having arrested the defendant, and found the pistol and four rounds of ammunition in his pockets. The Inspector said that that was his case.

Mr. Colfer said that in appearing for the defendant it seemed to him that there was no evidence that he meant to inflict serious bodily harm. No doubt he was instructed to plead guilty on behalf of his client to presenting the pistol, but there was not the slightest evidence that Butler meant to discharge it, if there was anything to discharge in it. Having reviewed the deposition, Mr. Colfer said it was clear there was no wrong inflicted. Leigh had not the remotest idea as to whom the defendant was. Nothing came of the arguments or bets between them, and when the defendant put up the pistol, he, in the half-inaudible way in which usually drunken men speak, asked the other to shake hands.

Defendant had been employed in the county Wexford for some time, and was now acting as caretaker in the county Waterford with a man named Mullins. When in the County Wexford, the defendant was made a present of the pistol, and when during the last month he was up seeing some friends in County Kilkenny he brought the pistol with him. Being in the army, he did not think it was necessary to have a license for it.

Chairman—That’s another matter. Mr. Colfer—Yes, quite so. Sufficient for the day—at all events he had this pistol with him. He did not know the law. He instructs me to say he was 12 years in the army, and was a non-commissioned officer when leaving. He was all through the Egyptian War, and he says he received a clasp for his action at Tel-el-Kibar, and also possesses the Kheldives brass medal for heroism (laughter). Of course this can only go for his character. Mr. Colfer then read a character for the defendant from Mr. P.J. Roche, Woodville, with whom he had worked for 13 months.

Mr. Rainsford said he wished to have the case dealt with as an ordinary assault. Of course were the case brought under the Peace Preservation Act there should be a court of two resident magistrates to hear it. The Chairman said the defendant would be fined a guinea [21shillings or 1£ 1s] or a month in jail, and he requested Mr. Rainsford to recommend to the Excise to have defendant prosecuted of carrying a pistol without a license (New Ross Standard, Sat. 19 Sept. 1896, p. 4).

Peace Preservation Act 1881

Sir Robert Peel in 1814 drafted the first Peace Preservation Act which established what would become the Irish Constabulary. In 1870 and 1888 during periods of agrarian agitation and the Land Wars, these Acts allowed the Lord Lieutenant of Ireland the power to suspend habeas corpus, declare specific areas or districts “proclaimed districts” where a person could not carry or possess any arms or ammunition without a licence. The defendant, James Butler was charged and tried before a special court under the 1881 Act.

Ironically, while James Butler was serving in the British Army putting down a nationalist uprising in Egypt, back in Ireland legislation was introduced to proclaim his home barony Ida a “proclaimed district” allowing for the suspension of habeas corpus etc.

“Subsequent to the court of petty sessions, Messrs Ulick Bourke, RM [resident magistrate] (chairman), and H.F. Considine, RM, sat as a court under the Peace Preservation Act, to dispose of the case of the Queen, at the prosecution District-inspector Ross C. Rainsford, against James Butler, an ex-army man, for having in his possession on the 15^th of August, without license, a pistol and four rounds of ball ammunition.

Constable Kiggins deposed that on the 15^th August he arrested James Butler for presenting a revolver at one Thomas Leigh on the previous day. The defendant made no statement. Witness brought him to the barrack and searched him, and found on his person a pistol and four rounds of ball ammunition (produced). The defendant held no license. The offence occurred in the barony of Ida, and witness was aware that Ida was a proclaimed district.

Chairman (to defendant)—Do you plead guilty? I do sir. I leave myself at your worship’s mercy. I have been away since I was a boy, and was most of that time in active service. I was used to arms, and did not know there was any necessity to have a license. When the constable asked me had I had it, I told him I had. [Appears to be referring to the pistol.]

Mr. Considine—How long are you back from the army? Three or four years. I had a good character. The district inspector on last court day prosecuted the defendant for presenting the pistol which was an American one, at Thomas Leigh.

Defendant—I thought no more about it then if it was a toy pistol. District Inspector—I would not like to get a pistol like that presented to me if it were loaded. All I have to do now is to hand in the Dublin Gazette of 1881, in which year the Peace Preservation Act was enforced within the Barony of Ida. The Gazette was then produced.

In consideration of the costs in the case, the fines and costs in the previous prosecution on last court day, and the good character of the defendant, he was allowed off with a fine of 5s, the pistol and ammunition to be forfeited (New Ross Standard, Sat. 17 Oct. 1896, p. 4).

The Defendant James Butler (1862-1933) Native of Flemingstown, Glenmore

James Butler was born on 26 July 1862 at Flemingstown, Glenmore to Thomas Butler (c. 1803-1888) and his wife Margaret Kneefe/Keefe.

Military Service

We were able to find the list of medals awarded to James Butler from 1881-1883 for the Egypt & India Campaigns. Corp. James Butler, Reg. No 2466, 2^nd Battalion, Royal Irish Regiment, was awarded the Egyptian Medal 1882 with a Tel-el-Kebir Clasp; and was also awarded an Egyptian Bronze Star (Medal Rolls, British War Office, file WO-100/57).

Marriage

James Butler of Flemingstown married 18 May 1893 a widow named Ellen Norris (c. 1859-1937) a native of Ballyvaria (sic) Glenmore. James was the son of Thomas Butler (mason and farmer). Ellen was the daughter of Michael Norris (labourer).

Ellen Norris’s first husband was Patrick Murphy (c. 1848-1892). The couple were married on 6 February 1879 at Rosbercon. Patrick Murphy (38) and Ellen Norris (20) were both recorded as residing in Brownsford, [Tullogher]. Their fathers were recorded as Sylvester Murphy (deceased) and Michael Norris. Her husband Patrick Murphy died 2 December 1892.

 It appears that Ellen only had one child in her first marriage, Michael Murphy (c. 1888-1966). Michael Murphy emigrated to Peoria, Illinois in about 1909, became a police officer, married and raised a family.

Family Life

James Butler was only married for a few years when he was arrested and tried in 1896. The 1901 Census provides that the family was residing in New Ross. James (39) was working as a labourer. In addition to his step-son Michael Murphy (c. 1888-1966) there were four other children in the household: Tom Butler (6); Ellen Butler (5); Nicholas Butler (3) and Maggie Butler (9 mos.).

Before the 1911 Rosbercon Census Michael Murphy had emigrated. James Butler (49) was working as a farm labourer. His wife Ellen was 53 years of age. Tom (17) was working as a Brewer’s labourer. Nicholas (13), Margaret (10) and the last of the children Mary was 7.

In the 1926 Census of Raheen, Co. Kilkenny, James Butler was 63 and reported that he was born at Flemingstown, Glenmore. He was employed as a farm labourer for Patrick Dooley (farmer) who had 130 acres.  Ellen Butler reported her age as 67 and that she was born at Ballyveria, Glenmore. Their daughter Margaret Butler was 25, was born at New Ross and was self-employed as a dressmaker. Mary Butler was 23, born at Raheen, and was employed as a shop assistant at O’Leary and Butler Grocery and General Store.

Deaths

James Butler died 19 November 1933 of bronchial pneumonia at his home in Raheen. His daughter Margaret was present at his death.  His widow, Ellen Butler née Norris died 7 March 1937 at home in Raheen of apoplexy. Apoplexy is an old medical term for a stroke. Her son Nicholas was present at her death.

The Victim Thomas Leigh/Lee (1875-1955)

All we gleaned from the newspapers accounts was that Thomas Lee was a blacksmith and his father was a blacksmith. The 1901 Rosbercon Census provides that James Lee (46) was a blacksmith and his sons Thomas Lee (21) and James Lee (20) were also blacksmiths.

A New Ross baptismal record reveals that Thomas Lee was born on 24 March 1875. His parents were James Lee and Ann Hanlon.  Thus, Thomas Lee was 26 in 1901 and 21 in 1896 when he argued with James Butler regarding horseshoeing.

Thomas Lee and Gertrude Mary Begely were married on 4 October 1904 at St. Mary Priory, Highland St., Liverpool. They were parents of Rev. Brother J. A. Lee, Superior, Colaiste Muire, Dublin. The celebration of their Golden Wedding Anniversary was published in the New Ross Standard (Fri. 1 Oct. 1954, p. 1). The 1911 Census reveals that Gertrude was born at Pembroke Docks in South Wales. In 1911, Thomas Lee stood for the New Ross Board of Guardians (Rosbercon Ward) (New Ross Standard, Fri. 5 May 1911, p. 2). In addition to their son the couple also had several daughters.

Thomas Lee died 1 May 1955 at Sugarhouse Lane, New Ross aged 80. In his obituary it was noted that he was a man of splendid physique and despite his eighty years, he worked with the vigour and skill of a man half his age (New Ross Standard, Fri. 6 May 1955, p. 8). His wife Gertrude died of influenza on the 8^th of October 1959 at the age of 80 at their home on the Quay, New Ross. Her daughter Maura Lee was present at her death.

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

The featured photo above is from the Royal Collection Trust, included in Queen Victoria’s Album, Afghanistan and Egypt Portraits, 1879 & 1882. For another photo of members of the Second Battalion of the Royal Irish Regiment in Egypt press here.

For other Glenmore Butler families see our B surname page.

Dr. Kathleen Moore Walsh