Richard Fitzgerald (1868-1955) of Aylwardstown
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A Disputed Glenmore Cottage
Before Ireland gained Independence housing was an issue particularly in rural areas. In order to address the issue for labourers various legislation was put in place including the Labourers (Ireland) Acts (1883-1906) and the Housing of the Working Classes Act, 1890. Farm labourers who were not married usually lived in unheated outbuildings or in a loft in a stable or barn where they worked. Married labourers could apply to the Rural District Council where they resided seeking a cottage.
The authorities would seek land from landowners on which to construct cottages that were rented to a married labourer. The idea was that farmers who employed labourers would provide a building site, but often the farmers objected to giving up any of their land for cottages or the compensation for the land was considered inadequate. In 1909, an arbitrator was appointed to determine disputed compensation in the Waterford No. 2 Rural District. This was known as the Inquiry (Waterford Standard, Sat. 4 Sept. 1909, p. 2). The cottages were built for less than £150 and there were often more battles fought over who would get the cottage.
In 1911, Glenmore featured in such a battle. Under the Poor Laws, the parish of Glenmore was divided between the Waterford Union and the New Ross Union. Less than a quarter of Glenmore was in the New Ross Union. Landowners paid rates (taxes) to their respective Unions, and the elected Poor Law Guardians and District Councillors were constantly on alert to ensure that the rate payers in one district were not supporting poor persons from other Unions. Each Union had its own workhouse, infirmary, dispensaries, cottages and road maintenance etc. See our post of 28 April 2020 regarding the Poor Law Act 1838 and the Glenmore Dispensary. The elected District Councillors were responsible among other things for the cottages and road maintenance in their respective districts.
On 1 May 1911, it was announced that nominations had been received and there would be no contest in any of the divisions of Waterford No. 2 Rural District. In other words, the nominees were deemed elected without an election. Local representatives included: Kilbride: Patrick Fitzgerald & John Ennett; and Kilmakevogue: James Kirwan, and Richard Fitzgerald, Aylwardstown (Evening News (Waterford), Mon. 1 May 1911, p. 4).
The Disputed Glenmore Cottage
The Waterford No. 2 Rural District Council built a cottage in Ballywairy/Ballyveria, Glenmore on the land of Martin Phelan. It was noted by Phelan’s solicitor that Phelan agreed to the cottage, so long as he agreed to the tenant. When the cottage was complete there were two applications for the cottage. One was from John Power of the Waterford Union and the second was from Andrew Harte of the New Ross Union. John Power was awarded the Ballyveria cottage.
Sometime after getting the tenancy of the cottage John Power gave the key to Richard Young, of the Waterford Union. Richard Young moved into the cottage and applied for the tenancy. The cottage was advertised and Andrew Harte again applied for the Ballyveria cottage.
May Meeting 1911
At a meeting of the Waterford No. 2 Rural District Council, held at the end of May 1911, the Waterford News & Star (Fri. 2 June 1911, p. 7) covered the meeting. However, the newspaper failed to record the date of the meeting. It did record that only 8 Councillors were present. A quorum only required 7 members be in attendance.
Two applications were received for the cottage at Ballywiera (sic), Glenmore. Richard Young wrote stating that he had possession of the cottage. It was given to him by the late tenant who “gave it up.” The other application was from Andrew Harte. The newspaper did not state the basis of the decision, but the Council decided to give possession to Harte. Mr. P. Walsh, Rent Collector was directed to get possession from Young. The District Council then adjourned.
June Meeting 1911
At the next meeting held on Saturday the 24th of June 1911, Mr. A.E. Bowers, J.P. presided and 15 other District Councillors were in attendance including John Ennett of Cappagh, Glenmore, P. Fitzgerald, of Weatherstown and Richard Fitzgerald of Aylwardstown. John Ennett did not attend the May meeting and subsequently filed a motion to rescind the decision granting Andrew Harte the tenancy of the Ballyveria, Glenmore cottage. Solicitor P.A. Murphy appeared before the council representing Martin Phelan. Both the Waterford News & Star (Fri. 30 June 1911, p. 7) and the Munster Express (Sat. 1 July 1911, p. 3) reported on this disputed cottage case.
Andrew Harte’s Letter
It was first queried by Richard Fitzgerald whether the previous decision to award the cottage to Andrew Harte could be rescinded. The Clerk assured the meeting that it was possible as John Ennett had provided notice of his written motion to rescind the previous decision.
A letter from Andrew Harte was produced. The letter was dated 20 June 1911. The return address was Weatherstown, Glenmore.
“Sir—At the last meeting of your Council I was accepted to be tenant on the cottage in Ballyviera (sic) and I claim to be admitted into possession. This cottage was applied for in the first instance by John Power, but he resigned before the Local Government Inquiry. At the inquiry Mr. Wm. Forristal, D.C. proposed, and Mr. P. Coady, D.C., seconded that Andrew Harte be accepted in place of Power. I gave evidence and the Inspector passed the cottage for me. When it was built Power claimed it and you gave him the cottage. He never lived in it.”
“A few weeks ago in response to your advertisement, I applied and you accepted me as tenant, and I submit I am entitled to possession. I offer testimonials from Canon Holohan P.P.; Father White, C.C.; and Father Phelan, Glenmore. I also give Mr. P. Fitzgerald, Weatherstown, my employer, as reference. I am a married man with a wife and two children.”
There were also testimonials from three R.I.C. officers as to Andrew Harte’s good character.
The Argument
For Young
John Ennett responded that he had no ill feeling to Andrew Harte and did not know him. Ennett pointed out that Harte was living in the New Ross Union, as had his father before him. They were both natives of the New Ross Union. The New Ross Council had recently refused to give a cottage to a man living in their own Union simply because he was not a native of the New Ross Union.
Ennett stated that it was only fair that the Waterford District Council should follow the New Ross rule. He concluded that he did not see why the Waterford Union District should build a cottage for a man in the New Ross Union. Thomas Holden seconded Ennett’s motion.
For Harte
Joseph Walsh stated he believed that Harte was entitled to the cottage. He reasoned that Harte was working for P. Fitzgerald who was in the Waterford Union. Ennett responded that Walsh knew nothing about the matter as he had only been on the Council for a short time. It is not clear from the newspaper coverage whether Harte’s employer was the Pat Fitzgerald sitting on the Waterford District Council considering the issue.
Richard Fitzgerald also argued that Harte was the right man for the cottage. He argued that when he first became a member of the Council 12 years previously he issued tickets for Harte’s wife who was very sick. The Kilmakevogue doctor sent her to hospital in Waterford. According to the Munster Express it was for specialised nursing.
Solicitor Murphy
Finally, Solicitor Murphy weighed in. He appeared on behalf of the owner of the land Martin Phelan. Murphy noted that at the inquiry Phelan had agreed to give a site for a cottage, but he was openly opposed to Harte, “for very good reasons. One councillor at the Inquiry nominated John Power. John Power after getting the cottage gave the key to Richard Young.” Solicitor Murphy said it was up to the Council to appoint the tenant for the cottage, but his client had a distinct and decided objection to Harte.
They were all farmers and “could understand the unpleasantness that would arise from having a labourer to whom the surrounding farmers objected to.” Murphy presented a petition signed by a “large number of people” objecting to Harte as tenant of the cottage. Murphy explained that people preferred Richard Young because Young worked “around the place.” The Munster Express quoted Murphy as saying, “ratepayers of this district naturally thought they had enough to do to build cottages for their own labourers without having to provide for outsiders…” Richard Fitzgerald observed that he could get a list on the other side of the issue as long as the distance between Ballyveria and the Waterford bridge.
The Decision Regarding the Glenmore Cottage
Ultimately a vote was taken and Ennett’s motion to rescind was successful. This meant that Harte would not get the cottage. Twelve voted in favour of Ennett’s motion including: (Edward Bowe, John Roche; Thomas Holden (Smithstown); John Vereker (Davidstown); James Farrell; James Moore, John Dunphy, Brown; Healy; E. Phelan; James Kirwan and John Ennett). Three voted against against the motion to rescind (and in favour of Harte’s tenancy) including: (Richard Fitzgerald, Pat Fitzgerald, and Joseph Walsh). Edmond Donovan abstained. After the motion passed. John Moore proposed and Thomas Holden seconded that Richard Young, the present occupier of the cottage, be appointed the tenant. This motion carried.
The Aftermath
Immediately after the vote Richard Fitzgerald handed up a notice of his motion to rescind the resolution appointing Young as tenant and Harte be appointed notwithstanding the vote. A query was posed regarding the cost of the Notice of Motion and the Clerk responded it cost 7 shillings. John Moore remarked to laughter that it was “money gone astray.”
We could not locate any further accounts of further votes on the disputed Glenmore cottage. It could be that the motion was withdrawn, it wasn’t seconded, or the newspapers did not cover it. From an interview that Danny conducted in 1970 of Mrs. Mai Aylward, of Ballyfacey, Dick and Katie Young had no children and lived in the cottage where Dwyers lived in 1970 in Mourlerstown. It is not clear if Mai Aylward was referring to the disputed cottage of Ballyveria but the two townlands adjoin.
The 1911 Census
Luckily, we have the 1911 Census, as well as parish records etc. to shed some light on some of the people involved.
The Applicants for the Disputed Glenmore Cottage
Andrew Harte in the 1911 Census was 45 years of age and working as an agricultural labourer. His wife Ellen was 47 they had a son John aged 9 and their youngest son was Andrew aged 7. They resided in Shanbogh. The couple were married 10 years. The Census records that their youngest son was “an idiot” a term now thankfully consigned to history.
Richard Young (c.1891-1936) in 1911, was a 24-year-old newlywed. He and his wife were married in November 1910. Richard worked as an agricultural labourer. He and his wife Kate née Hennessy (aged 32) were living in Ballyfacey with his father-in-law, Richard Hennessy, a 60-year-old widower. Richard Hennessy was also employed as an agricultural labourer. Others in household included three unmarried daughters: Annie Hennessy (28) was a typist; Mary Hennessy (26) was a National Teacher and Ellie Hennessy (24) was also a typist,
John Power who was granted tenancy, and apparently never took possession of the disputed cottage (and gave the key to Richard Young), is not in Ballyveria in the 1911 Census. There are two John Power’s in the parish of Glenmore in 1911 who were agricultural labourers. One was 31 and living in Aylwardstown with his wife and children. The second John Power was 36, single and living in Robinstown.
Harte’s Glenmore Employer
Pat Fitzgerald was the only Fitzgerald in Weatherstown in 1911. Notwithstanding the fact that Harte used a Weatherstown address on his letter to the Council, Harte did not reside in Weatherstown. Pat Fitzgerald (c.1883-1942 per headstone) of Weatherstown, was in 1911 a 51-year-old married farmer. In 1911 he resided with his wife and 6 children and had three servants including: Kate Grant (49, domestic servant); James Seinnott, (33, farm servant) and Pat Roorke (22, farm servant). If he was a member of the Waterford No. 2 Rural District and voted in the matter he had a clear conflict of interest as Harte was his employee.
The Glenmore Land Owner
Martin Phelan—There was no Martin Phelan residing in Ballyveria, Glenmore in 1911. There was a Martin Whelan living in Ballyfacey.
The only Phelan in Ballyveria was John Phelan (aged 20, farmer) and his sister Mary Phelan aged 24. The parish records reveal that John (c. 1892-1956) and Mary Phelan (b. 1886) were the children of Richard Phelan (farmer) and his wife Anne Donovan. Richard Phelan (c. 1842-1911) died on 20 January 1911 at Ballyweira. He was a widower and his son John was present when he died.
Ironically, John Phelan became Richard Young’s brother-in-law in 1916. They were married to 2 of the Hennessey sisters of Ballyfacey. John Phelan (c. 1892 -1956) of Ballyveria, married Mary Hennessey (1883-1963) of Ballyfacey (schoolteacher) on 22 May 1916 at Glenmore. The groom’s father was Richard Phelan (farmer) and the bride’s father was Richard Hennessey (labourer).
The Glenmore Elected District Councillors
John Ennett (1853-1939) a farmer of Cappagh, Glenmore, was first elected to the District Council around 1900.
Richard Fitzgerald (1868-1955) began his work as a public servant before 1900. He was a farmer in Aylwardstown, Glenmore. He served as Poor Law Guardian and as a District Councillor. In 1912, he ran for Kilkenny County Council.
It is not clear from the newspapers which Pat Fitzgerald of Glenmore was a member of the District Council in 1911. In addition to Pat Fitzgerald, of Weatherstown, there was at least one other Pat Fitzgerald who lived in the Kilbride District Electoral Division. Pat Fitzgerald (1843-1920) of Ballyveria. He was baptized at Moulerstown on 23 September 1843. Unfortunately, no obituary was found to determine if he served on Waterford No. 2 Rural District Council.
Please send any corrections, further information or photographs to glenmore.history@gmail.com .
The featured photo above was a Council cottage that has been extended over the years. It is not the 1911 disputed cottage.
Dr. Kathleen Moore Walsh
From Danny’s Files: 1937 Application for a Glenmore Dance License
As previously published Glenmore from about 1870 until 1963 had no pub in the parish. Even pubs that were on the borders of the parish became the target of objections from the Glenmore clergy. (See our post of 31 March 2020 ). Today, we are going to feature an article from the New Ross Standard found in Danny Dowling’s voluminous files that provides some insight into the attitudes and legislation in 1937 concerning dance venues.
Glenmore Dance Licence Opposed
On Friday the 22nd of January 1937 the article “Dance Licences Opposed” was published in the New Ross Standard (p. 11). Richard Fitzgerald (1868-1955) of the Half-way House, Glenmore, applied for a dance license under the Public Dance Hall Act 1935. The Act came about due to the work of the Carrigan Committee that was established in 1930 by the Cosgrove led government to determine if new legislation was needed to deal with juvenile prostitution (Finola Kennedy, “The Suppression of the Carrigan Report: A Historical Perspective on Child Abuse,” 89 (356) Studies: An Irish Quarterly Review (2000) p. 354). Interestingly, what prompted the Committee was the increase in births outside of marriage which appears to have become equated with prostitution.
Schools of Scandal
The Carrigan Committee heard the testimony of clerical, lay and government witnesses, who all appeared to agree that the degeneration in the standard of social conduct had taken place. It was attributed primarily to the loss of parental control and responsibility during a period of general upheaval (the War of Independence, the Civil War). Notwithstanding the country returning to a “settled condition” the standard of social conduct had not improved. This fact was said to be “due largely to the introduction of new phases of popular amusement…The commercialised Dance Halls, Picture Houses of sorts, and the opportunities afforded by the misuse of motor cars for luring girls,” were identified as “the chief causes alleged for the present looseness.”
One Limerick Priest opined that the Dance Hall Craze began in his parish about 1925 and they became “Schools of Scandal” which were not subject to supervision, control or license (Carrigan Report, c. 16 available online at https://the-knitter.blogspot.com/2005/06/full-carrigan-report_24.html). What appears to be lacking from the Carrigan Committee’s contemplation was the impact of the limited free primary school education on young people. After attending a local national school until the age of 11 or 12 young people were sent to work often in shops, homes or farms away from the influence of their parents.
Public Dance Hall Act 1935
After the Carrigan Committee determined that the popular amusements were the cause of moral decay, to get control over the so-called “Schools of Scandal” the Public Dance Hall Act 1935 was enacted. Richard Fitzgerald sought a license under the Act to hold dances. He was represented by E.T. Lalor. The application was heard in the District Court of New Ross before District Judge J.V. Fahy. Ireland has and continues to have a unique feature in the District Court where the State is represented by a senior police officer. In this case it was Superintendent Feeney.
Glenmore Application
Richard Fitzgerald sought a dance license as secretary of the local Cumann of the Fianna Fail party. It was noted that Richard Fitzgerald was a substantial farmer, an ex-member of the Kilkenny County Council, secretary of the South Kilkenny Comhairle Ceanntair and a delegate to the Ard Fheis. Richard testified that his house was about three-quarters of a mile from the Glenmore Garda station and he produced a map made by a Waterford engineer of his premises. It was also noted that dances had been held on the premises over the past 25 years and no complaint had ever been made for any function held. The last dance was held about four years prior after a mumming exhibition. [For an explanation of mummying in Glenmore see our previous post of 5 December 2021.]
In anticipation of the application Richard spent about €50 making improvements, and he stated that he would not personally benefit from the dances. The parish records reveal that Richard Fitzgerald was born on 9 March 1868 at Aylwardstown to John Fitzgerald (farmer) and his wife Margaret “Peggy” Donovan of the Mill. Richard on the 30th of November 1911 married Mary Walsh, of Coolroebeg, Thomastown. Thus, at the time of the application proceedings in 1937 Richard was a married man of 69 years of age. It does not appear that Richard was attempting or applying to operate a “School of Scandal.”
The Application Hearing
From the onset of the application proceedings, according to the information in the newspaper account it appeared that the Judge was not well disposed toward the application.
“Justice—The apartment is described as a dance hall right off the kitchen. What did you call it before you christened it a dance hall?
Applicant—It has been used for the distribution of free milk. I am contractor under the scheme.” When asked by the judge if the free milk was for the dance Richard explained that the free milk was a scheme for the poor of Glenmore.
Richard Fitzgerald went on to testify that he resided on the premises with his wife, two sons and two daughters. He stated that there were about two thousand people residing in the parish. Superintendent Feeney asked if his premises were a suitable place to hold dances. Richard Fitzgerald replied, “We have no better place; we have no hall in Glenmore to hold anything.”
Suitability of Premises?
When pressed concerning the suitability of the premises Richard Fitzgerald stated that the Minister for Education and the Comba rte Ceanntair (sic) hold meetings there. The Judge responded “Leave that out of it. We are only discussing as to the suitability of the premises from the point of view of they being licensed for a dance; don’t be bringing in the Minister’s name.” Richard protested that he was simply addressing suitability.
After the questioning concerning the suitability of the premises Solicitor Lalor suggested that the judge could go out and inspect the premises. In response the judge stated that “…He had not the least notion. He would like to hear what the sergeant of the district had to say.” Sergeant Garvey (1895-1960) of Glenmore testified that he inspected the premises. In his opinion the room appeared to be suitable, and had been recently repaired. He considered the applicant capable of looking after a dance.
Sgt. Garvey’s only objection concerned the sanitary arrangements. He agreed that the premises had the usual sanitary accommodation for Glenmore. Superintendent Feeney then interjected that the circumstances would be different where over one hundred people would be gathered together. [For a previous article regarding Sergeant Garvey see our previous post of 3 October 2021.]
Objection of Parish Priest
Perhaps the strangest element of the case concerned the objection of the parish priest which was not articulated in the article. “Justice—How is it the parish priest has such a decided objection? Applicant—I don’t know. Justice—Don’t you think his views ought to be regarded with the greatest respect? Applicant—Yes, but he is prejudiced and a sickly man. Justice—We are all sickly.” From the newspaper account it does not state how the objection was made, but the priest did not appear in court to state his objections so he could not be questioned concerning his views and opinions.
Application Denied
The case concluded with the Judge announcing, “I would not dream of granting this application, especially in view of the objection of the parish priest, which I consider as reasonable and properly founded. I refuse the application, on the unsuitability of the house.”
On 24 November 2019 we published an article regarding the rise and demise of the Glenmore post office and in the article identified how the Half-way House of Aylwardstown, Glenmore obtained its name.
Please send any corrections or additional information to glenmore.history@gmail.com.
Dr. Kathleen Moore Walsh