Michael Walsh of Ballinclare
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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.
A Ballinclare, Glenmore Murder
Several years ago when Danny Dowling (1927-2021) was talking about the killer Henry “Bounce” Walsh he mentioned another murder that occurred in Ballinlammy and concerned the poisoning of a bailiff. Danny believed that the killer lived where Irish’s are today. We were never able to locate a Ballinlammy murder, but did come across a case where Michael Walsh of Ballinclare, Glenmore was charged with murdering his neighbour Simon Power by poison in 1849. According to Paddy O’Connor (his mother was Bridie Aylward of Ballinclare) a Walsh family once lived at the Ballinlammy Cross where Ballinlammy and Ballinclare meet.
September 1849–Poisoned Whiskey
The Kilkenny Moderator (Sat. 15 September 1849, p. 2) published a short article that Michael Walsh, residing at Ballinclare, in the Barony of Ida, was committed to the Kilkenny County Gaol, by W. R. Croke, Esq., R.M. Walsh was due to stand trial at the next Assizes, for attempting to murder by poisoning.
Two local men were hired as bailiffs or “keepers” and placed in charge of Walsh’s crop which had been distrained for rent. Their names were James Murphy and Simon Power. Walsh asked the bailiffs to take some whiskey, and they accepted the invitation and received some liquid from a bottle, which caused them to become deadly sick. Power, who took more of the liquid than the other, was reported as being in a dangerous state. Dr. William Boyd who treated Simon Power, declared that corrosive sublimate had been mixed with the whiskey.
It was reported that Michael Walsh absconded, but was arrested in Waterford through the exertion of Acting Constable Smullen of the Glanmore police station. Smullen is not a Glenmore name. A quick check of the Glenmore parish registers revealed the first name of the RIC Acting Constable Smullen was Patrick. Patrick Smullen was married to Margaret Macmanus. The couple had three known children which provides a bit of insight into where Patrick was posted. His daughter Mary was baptized in 1841 at Tulloroan, Kilkenny. In 1843, his daughter Catherine was baptized at Ballycallan/Kilmanagh, Kilkenny, and his son Laurence was baptized at Glenmore on 4 April 1849.
Dying Declaration
Before Simon Power died, William Cooke, Esq., R,M. went to his house early in September. Cooke found the victim, Simon Power, stretched upon a pallet. The prisoner was there in custody. Cooke first took the information from the deceased and told the prisoner he had a right to examine the dying man. Cooke took down the questions the prisoner asked the dying man and the answers he received.
Arraigned for Murder
Michael Walsh was arraigned for the murder of Simon Power, committed on the 13th of August 1849, at Ballieclare (sic). The indictment set out at great length that the prisoner had, with malicious intent, mixed in a “naggin of whiskey two drachmas of a deadly poison,” termed mercurial salts, which he induced Simon Power, to drink, and in consequence the deceased languished from the 13 August to the 14th of September, and then died.
When the case came before the Kilkenny Assizes in July 1950 and it “excited considerable interest.” It had been tried at the previous Assizes, where “the jury disagreed,” and a new trial became necessary. The newspaper reporters wrote that prisoner, Michael Walsh, “was a man apparently of the class of comfortable farmers.” The Counsel for the Crown was Mr. Scott QC and counsel for the defence were Messrs. Harris & Armstrong. The trial judge was Baron Richard Pennefather (1773-1859). For further information regarding Pennefather see our previous post of 24 July 2021. Michael Walsh’s trial for the murder of Simon Power took one day.
The Murder Trial–July 1850
The Kerry Post, (Wed. 31 July, 1850, p. 4) has the clearest printed account of the trial which was held on Thursday the 24th of July 1850. It has been supplemented with facts reported in the Kilkenny Moderator. “Michael Walsh, a farmer of respectable appearance, was indicted for the wilful murder of Simon power, on the 30th of August 1849, at Ballyclare (sic) by administering to him a deadly mercurial salt in whiskey. There were 17 challenges on the part of the prisoner prior to a jury being empanelled” (Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Testimony of James Murphy
James Murphy—I was placed last August as keeper over the land of the prisoner. The deceased, Simon Power, was another keeper. I lived near the prisoner. It was on Tuesday morning we went, and we remained night and day on the grounds. On Thursday morning the prisoner told me and Power to go up to the house and warm ourselves. We went up. We refused at first, as the women would not be satisfied with our going into the house. He said they were not up. When we got into the house the prisoner took a bottle off the dresser. He went into the yard and brought back a tea cup. He brought me then to the inner room and filled the cup with whiskey which I drank.
Power was not in the room with me when I took the whiskey. I went back to the kitchen and was there about 10 minutes when the prisoner from the inner room called Power. Power went up to the room and remained about two minutes. Power returned to the kitchen. Power went out of the house, and after a few minutes the prisoner and I and a man named Lennan, the landlord’s man, went out of the house. The deceased was at the gable end of the house. He was vomiting. He went with me a quarter of a mile to his own house, and still continued sick.
I also became affected when I got 40 perches away. I left Power at home in his house. He had been well for the two days before that morning. The distress was subsequently canted. About a naggin of spirits was in the bottle after I got a drink.
Cross Examination of James Murphy
During cross-examination James Murphy stated that Lennan had told the prisoner that if he went to Mr. Sherlock, and paid his rent, it would be all right. He testified that he drank about half a glass. “We had taken nothing that morning. The door was open between the kitchen and where the prisoner remained after I got the whiskey. The prisoner’s sister, Mary Walsh, came down after I got the whiskey, but not before the deceased was called into the parlour. Both of us got the whiskey before she came in. I felt a pain in my stomach after the drink. The prisoner and the deceased were very good friends. I saw Power walking on three different days after he was sick, and remained one day as a keeper. I did not see him sick after those occasions. Power complained to me that he was sick.
The jurors were allowed to ask questions of James Murphy.
The second day after that Thursday Power was at the prisoner’s and remained about three hours. When asked if there was anything put into so small a quantity of whiskey would it not have left a disgusting taste, James Murphy responded, “I did not feel that there was anything remarkable about it.” If he had been offered more, he believed he would have drank it. However, if offered it half an hour after, he would not have taken it (Kilkenny Moderator, Sat. 27 July 1850, p. 2). Lastly, James Murphy was asked if “after the deceased was placed as a keeper, did the prisoner manifest any unkindly feelings towards him.” James Murphy testified, “He did not.”
The Testimony of Anastatia Power
Anastatia Power, the daughter of the deceased Simon Power testified that her father came home at 6 in the morning with James Murphy. Her father had been keeping at the prisoner’s. Her father was vomiting. He went to bed and “he continued very bad during the whole of that day.” When he came home his cheeks were yellow. After some time his tongue and cheeks swelled and turned red. The middle of his tongue was white but the borders were red. He would start up when asleep, and bawl as if in fright. The first week his feet were warm and sore, and they got cold the second week.
The vomiting continued until he died fifteen days afterwards. Dr. Boyd attended her father a week after he was ill. He was very often sick and vomiting during that week. He was very sore and not able to go a out his business. “His mouth was sore and scalding, and the flesh inside his mouth would come away when he was spitting. I could pull out the flesh and it was black. His teeth were also black. The odour of his breath was most offensive. The water from his mouth was green and thick. It was often coloured bloody. He complained of pains cutting him in the bowels, and of pains in his head. Before he died lumps of lard like came from his stomach.”
Cross Examination of Anastatia Power
On cross examination Anastatia Power stated that her father on Wednesday night ate a supper of peas. He never went about his business after that Thursday and he never had any of these symptoms before. The newspaper noted that Anastatia’s brother and sister were examined, but no record of their testimony was provided in the Kerry Post. The Kilkenny Moderator note that Walter Power, testified that he took his father’s place at the prisoner’s farm as his father was not able to attend. His sister Catherine Power also stated that their father was too ill to work (Sat. 27 July 1850, p. 2).
Testimony of Dr. William Boyd
Dr. William Boyd testified that he attended the deceased on the 6th of September and prescribed “for him on the 3d for a sore mouth.” He found the deceased lying on the ground in bed with a profuse flow of saliva from his mouth with a disagreeable odour. The deceased’s tongue was swollen and protruding, indented at the sides and thickly coated. His gums were ulcerated as was the palette behind the teeth. His face was swollen and re and he had great difficulty swallowing and talking.
“His pulse was excited. I got him out of bed to examine his body to see if he had been rubbing his body with ointment. I could detect nothing. I asked if he had been taking medicine. He said not, but that that day week he got something from the prisoner in whiskey which was not right—that immediately after getting the whiskey he became sick—that he was not able to remain that day…That on swallowing the whiskey it had a very queer burning taste, and he felt a burning in his mouth and throat. That about the third day his mouth became salivated and continued. He had a pain in his stomach. The chief pain he complained of was his mouth and head, and he never used any mercurial preparation, except four years earlier when he was in fever. He frequently drank whiskey without any ill effects from it, and he was in rude health immediately before he took the whiskey. “
The doctor visited the deceased on the 8th, 10th and 13th. “From the symptoms I perceived, I think he died from the effects of mercury. Corrosive sublimate is a sort of mercury. It could have been administered by an ointment rubbed to the body, or by its being given by a drink. I considered it must have been administered to him in a drink from what he said.”
“Corrosive sublimate is soluble in whiskey, and would not colour the drink, or have any smell. It would have a dry, caustic taste, like as if a man got a taste of lime when in a kiln. From the symptoms, and from what the man said, I believe his death was from corrosive sublimate…It is a deadly poison.” The doctor then described the body parts he collected from the post mortem and sent them in jars to Dublin for further examination.
In response to further questions, the doctor explained that the deceased died from weakness, the corrosive sublimate interfered with the digestive organs. On the 13th the deceased was aware of his approaching death. Dr. Boyd told the deceased that there was no hope. The deceased sent for his priest. “When I first saw him I did not consider him dying. I knew him to be in a dangerous way.”
The Cross Examination of Dr. William Boyd
On cross examination the doctor agreed that both cholera and dysentery were prevalent in the area. He said that the deceased was a stout, strong, well built man, not likely to be affected by dysentery. He attended the deceased for mercurial salivation. “The deceased described as accurately as any medical man the effects which would follow the taking of this poison, and I was confirmed in my belief of what he had taken by finding an ignorant man describe day by day with the utmost accuracy what symptoms should follow the administration of corrosive sublimate.” He disputed that this was not a simple case of bad whiskey containing bluestone and Verdigris. Verdigris has no mercury. Just three grains of sublimate can kill. “One may take as much of the poison and escape from death that would kill three others. Some are more susceptible than others of the influence of poison.” The doctor stated if sublimate was in powder he would not expect it would be dissolved in ten minutes (The Kerry Post, Wed. 31 July, 1850, p. 4).
Defense Objected to Deceased’s Dying Deposition
When the Crown attempted to read into the record the deposition of the deceased the defence council objected and a mighty row broke out. Judge Pennefather ultimately decided to admit the deposition into evidence.
The Defence
The defence put on several witnesses. From the newspaper accounts all were relatives of the prisoner or worked for him. Mary Power née Walsh,, the prisoner’s sister, stated that she was present when her brother gave whiskey to both men at the same time. She herself had a glass as did two workmen, William Bryan and Patrick Dwyer. She later had a bit of a headache but wasn’t sure if it was from the whiskey. Another sister Ellen Walsh testified that she was the deceased working the rest of the week and noticed thereafter that his son Watt Power replaced him. Both workmen testified that they often started the day with Michael Walsh treating them to a drop of whiskey. Both indicate that there was no upset over the local men acting as keepers for the landlord. It was better to have neighbours than strangers about (Kilkenny Moderator, Sat. 27 July 1850, p. 2).
Jury Deliberations
According to the Kilkenny Moderator, “Baron Pennefather delivered a most luminous and impressive charge.” The jury retired at 8 p.m. and after thirty minutes the foreman came out and said that there was no chance of a verdict. Pennefather sent them to deliberate more. At half past ten the jury returned a verdict and notwithstanding the lateness of the hour the courtroom was packed.
Our next blog we will discuss the verdict, the sentence and appeal as well as information concerning the victim and his family. If you were on the jury how would you have voted?
Please send any corrections or further information to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh
For further information see, Kilkenny Journal & LCL Advertiser, Wed. 31 July 1850, p. 1