Manslaughter of James Freany (c. 1830-1884)(c.

On the 15^th of December 1884, a farmer named James Freany, was returning home from Waterford when he was attacked a half a mile from the Newrath police station and died at the Waterford Workhouse Hospital from the injuries he sustained in the attack. According to the newspaper accounts of the murder trial James Freany was about 50 years of age, living at Fahy, Mullinavat and left a widow and four children. His killer was a young farm labourer named James Walsh. James Freney’s death certificate records his death as the 27^th of December at the workhouse. His death cert gives his address as Bigwood, he was married, 37 years of age, a farmer and died of inflammation of the brain caused by “strike of whip inflicted by James Walsh at Newrath.” The death cert was received from Edmond Power, Coroner from Waterford after an inquest held on the 28^th of December 1884.

The Attack

According to the testimony of James Freany’s employee, Michael  Bolger, and Freany’s neighbor, Mrs. Margaret Doyle, the three went to Grannagh on the morning of the 15^th of December to sell poultry. They were not paid at Grannagh and had to travel into Waterford City to collect their money. They were heading home in a horse drawn cart at 12:30 in the afternoon when they passed Phelan’s coal yard, at Newrath, where Bolger and Doyle saw the defendant James Walsh. Although Bolger denied that anything was said to the defendant, James Walsh, Mrs. Doyle stated that both Bolger and Freany shouted, but she couldn’t make out what was said (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3).

About a quarter to half a mile further up the road the defendant James Walsh jumped over the road side ditch and ran behind the horse drawn cart with a stone in one hand and a hunting whip in the other. Mrs. Doyle upon seeing the defendant rushing toward the cart said to the defendant, “If you leave a hand on these men I’ll prosecute you.”  Walsh threw a stone and hit Freany just above his left eyebrow. Freany staggered, fell to the ground, and the defendant, James Walsh, struck him twice in the head with the handle end of the hunting whip. Bolger jumped down, went to Freany and called for Margaret Doyle to run for the police. She refused and said that she would stay with the badly injured Freany. As Bolger set off running for Newrath the defendant threw stones at him (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3).

The Newrath constables were soon on the scene and placed James Freany on a car and escorted him  to the Workhouse Hospital in Waterford. When James Freany arrived at the Workplace Hospital he was examined by a number of doctors because of his precarious condition. They found the skull completely fractured, and brain and blood protruding from the wound. “No hope of recovery was entertained” (Munster Express, Sat. 20 Dec. 1884, p. 4). In the meantime, Constable Reynolds at the scene of the attack began to give pursuit and saw a man and woman some distance off. The man went into a field and Reynold’s overtook Miss Mary Duggan,  James Walsh’s employer. Miss Duggan, resided at Farnogue, Mullinavat. Reynold’s took possession of the hunting whip that James Walsh had given to Miss Duggan after the attack (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3).

 Attempted to Avoid Arrest

Reynolds and another constable continued to pursue James Walsh, they traced him to Bishop’s Hall and from there to Tory Hill, where he took to the fox covers, and they lost him. Sergeant Twiss, of Newrath, and one of his men disguised themselves, and proceeded to Farnogue to the [Denis] Duggan house.  When they knocked at the door they were mistaken for tramps and told that they could not get any relief. They insisted on entering, and when the Sergeant “made known his business” he was told Walsh had not been there that day, and he was not expected that night. The Sergeant insisted on Duggan accompanying him to the Delahunty public house. Twiss told Duggan that he thought Walsh might be there and he needed Duggan to identify Walsh. Duggan accompanied the sergeant, and they reached Delahunty’s where they had a drink; but Walsh was not there. When Duggan got into an argument with others Sergeant Twiss slipped out and went back to Duggan’s house. When he entered through the kitchen door he found Walsh sitting at the fire. Walsh had just arrived. Walsh was handcuffed, arrested and at 10 o’clock lodged in the Newrath lockup (Munster Express, Sat. 20 Dec. 1884, p. 4).

The Trial

The Munster Express published that an Inquest was held into James Freany’s death on the 19^th (sic) of December. The newspaper reported that the inquest jury were of the opinion that James Walsh received great provocation (Munster Express, Sat. 3 Jan. 1885, p. 4). In addition to the statements made by Michael Bolger and Mrs. Margaret Doyle other statements were reported in the newspaper from an inquiry held by Resident Magistrate Welch shortly after Walsh’s arrest.  William O’Neill, a lad, deposed that after Freany passed Manning’s public house at Newrath, he saw Walsh get in over the wall and run along inside it up the road. The alleged provocation was based on the statements made by Miss Mary Duggan the defendant’s employer. She deposed that she saw “Walsh at Phelan’s store at Newrath, when Freany, Bolger, and the woman Doyle, passed in a cart; heard them shout, as they passed, the words perjurer and land-grabber” which were directed toward James Walsh ((Munster Express, Sat. 20 Dec. 1884, p. 4). It is not clear how James Walsh could be labelled a land grabber as he had no interest in any land.

In March 1885, James Walsh stood trial in what the press dubbed the Newrath Murder Case. Walsh pled not guilty to the charge of murder. He was defended by a Barrister named Lover who was instructed by Solicitor T.F. Strange (1812-1897) (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3). [Thomas F. Strange’s family owned the Aylwardstown House and Estate in Glenmore for a couple generations. Thomas F. Strange is buried in Killivory Graveyard, Glenmore.]

The first witness called at the murder trial was County Surveyor, W. L’Estrange Duffin, who produced a map showing the distance from Phelan’s coal yard to where Freany was attacked. It was 414 yards. The Crown also called Michael Bolger and Mrs. Margaret Doyle. They gave evidence consistent with previous statements. Barrister Lover with apparently little to work with attempted to show that the victim Freany was of bad character. Mr. Lover asked Michael Bolger if the deceased was a sober man…the witness replied that he was not. The witness was asked if there was ill feeling between the Freany’s and the Duggan’s (the defendant’s employer and cousin).  Mr. Lover asked if the bad blood between the families was in consequence of the Duggan’s having got Freany’s brother bound over to the peace for calling them landgrabbers and other names. The witness denied that the deceased called the defendant an informer and perjurer that day and said he did not know about any bad blood. In cross examining Mrs. Margaret Doyle, Barrister Lover asked if she saw Miss Duggan that day. The witness said that she saw Miss Duggan when Freany was on the ground. He then asked what Miss Duggan said and the witness replied that Miss Duggan said, “he was long looking for that.” Mr. Lover objected to the answer and the judge overruled the objection and responded, “You opened it yourself, but it should not have been asked.” This was apparently the end of the first day of the Newrath murder trial and the Waterford Mirror concluded that the jury convicted James Walsh of the manslaughter of James Freany (Waterford Mirror and Tramore Visitor, Thur. 12 March 1885, p. 3.)

However, further information concerning the trial was found in The Clonmel Chronicle (Wed. 18 March 1885, p. 4). An independent witness, Michael Whelan testified for the Crown. He testified that he was working on the road and stated that he saw the attack. He helped place the deceased in a sitting position against the ditch until Constable Reynolds arrived, and Reynolds placed a handkerchief around the head of the deceased. He said that Bolger was shouting and cursing trying to leave the cart when Walsh ran up, and Freany tried to keep Bolger on the cart. Freaney never said a word to Walsh and never “got in holts with him when he [Walsh] got up to the cart.”

William Neill a boy living at Newrath, testified that he saw the defendant pass over a field on the day of the attack and run along a hedge skirting the main road. He did not see Miss Duggan, Mrs. Walsh or her daughter with James Walsh. Another boy named White gave similar evidence.

Dr. Connolly testified that the deceased had a depressed fracture of the skull. He found a contusion over the deceased left eye that this not cause his death. The wound causing his death could have been caused by the pointed end of a whip handle such as the one in court.

The defendant’s defence rested on his employer cousin, his mother and sister. Miss Mary Duggan testified that James Walsh, his mother and sister went with her into Waterford. They were outside of Phelan’s coal yard when Freaney and Bolger drove past and called Walsh an “informer, perjurer, and landgrabber.” At no time prior to the trial had she alleged that the alleged name calling included “informer.” She testified that the others took a shortcut, but she followed the road. Later the defendant gave her a whip which she gave to the police. Walsh did not return home with her, but came there the same night and was arrested at ten o’clock. She stated that the defendant was a third cousin of hers.

Margaret Walsh, the mother of the defendant, gave an extraordinary account alleging that her son was acting in self-defence when he killed Freany. She stated that he was with her and his sister and Freany and Bolger stopped and waited to attack her son. She testified that Freany grabbed her son by the throat and said “now is our time, there is nobody near him.” Her testimony is contrary to the testimony of all the other witnesses at the scene including the independent witnesses.

The jury was out for a few minutes and returned with a verdict of manslaughter. The judge before sentencing noted that he was glad that the jury took the merciful view of the case, but “in point of law if a verdict of murder had been returned there was ample grounds on the evidence” for a murder verdict. He took into consideration the good character the defendant had prior to the killing and sentenced James Walsh to five years penal servitude. If James Walsh had been convicted of the murder of James Freany he would have hanged. It is difficult to believe that there were no independent witnesses to the alleged name calling, allegedly giving rise to the killing, given that it was at mid-day outside a busy business.

The Victim

Given the contradictions in the records and newspaper accounts James Freany was either 37 or “about 50.” The names of his wife and children were not provided, however, we did find a James Freany and Alice Freany née Ryan having children at Fahee, Mullinavat in the 1880’s. Three children were located: James Freany (bapt. 15 Feb. 1882); Margaret Freany (bapt. 18 April 1883) and Michael Freany (b. 16 Nov. 1884).  A marriage record was located for James Freeney (sic) of Bawleloge, Mullinvat and Alice Ryan, of Ballykillaboy, on 10 Feb. 1880 at Kilmacow. The father of the groom is listed as James Freeney (sic) and the father of the bride was Michael Ryan. The only James Freany, who was the son of James Freany, born in Kilkenny was baptized at Glenmore on 31 January 1830. He was the son of James Freny (sic) and Margaret Power, of Ballyvolera, (Mourlerstown) Glenmore. If this is the correct James Freany he would have been 54 when he was killed.

Update 13 Dec. 2021–Patty Brown located the fourth child of the family, Mary Freaney (sic) (b. 1 Dec. 1880). Patty also identified another potential James Freany (b. 1841) that is currently being reviewed. Special thanks to Patty for her help.

The featured drawing above appeared on the front page of the Weekly Irish Times on Saturday the 20th of December 1884.

If anyone has any corrections or additional information please send it to glenmore.history@gmail.com.

Dr. Kathleen Moore Walsh