Thomas Marks of Waterford bailiff
now browsing by tag
Trial for the Killing of Catherine Hanrahan (c. 1798-1822) of Rochestown,Glenmore
On 6 November 2022 we published newspaper accounts of the manslaughter of Catherine Hanrahan in July 1822 at her home in Rochestown, Glenmore. While transcribing another Danny Dowling (1927-2021) notebook we discovered that Danny recorded articles from the Waterford Mirror that outline the testimony presented during the murder trial. These newspaper accounts provide more detail including the testimony of the landlord Pierse Edward Forristal, Esq. and conflicting testimony of other witnesses. It appears that the testimony of Pierse Edward Forristal, Esq. influenced the jury that only considered the case for a few minutes before returning its manslaughter verdict.
The Arrest
Danny recorded the following from the Waterford Mirror (Sat.20 Aug. 1822). Thomas Marks was charged with the murder of Catherine Hanrahan, at Rochesstown, in Co. Kilkenny. Thomas Marks was taken without resistance at a house in Kilmacthomas. Marks when arrested stated that he was on his way to surrender. He was transmitted to the County Kilkenny gaol.
The Waterford Mail on Wednesday the 14th of August 1822 provided an account of day three of the Kilkenny Assizes. In this account Thomas Marks was indicted for the murder of Catherine Hanrahan and the assault of Luke Power “by presenting a pistol at him.” Hereafter Marks is described as the prisoner.
The Testimony of Luke Power
Luke Power was sworn and testified. Unfortunately, the newspaper account does not provide his relationship, if any, to the deceased Catherine Hanrahan née Power, his occupation or residence. Later in defence testimony it appears that Luke and Thomas Power are brothers. Luke Power testified that he knows Rochestown and was there the Monday after the fair of Thomastown. He knows Thomas Power who lives at Rochestown. On that Monday, very early in the morning, he saw the prisoner at Rochestown.
Luke Power testified that the dog barked at the prisoner. Luke Power got up and asked who was there. The prisoner responded that he was distraining for Mr. Forristal. Luke Power testified that the prisoner was armed. Witness shut the door and would not let the prisoner in. Luke Power then went down to where the cows were and saw three bailiffs there, but the prisoner was not with them.
Luke Power heard a shot and returned to the house and saw Catherine Hanrahan “kilt” on the floor. She died six days after being shot. Luke Power went out to the road where some of the neighbours were gathered. The prisoner said “here’s the man was going to kill me,” and cocked his pistol at Luke Power. It was an hour before sunrise when the prisoner came with six men.
Cross-Examination of Luke Power
Luke Power testified that Mr. Forristal was his landlord. He stated that he paid some rent to Mr. Sherlock and owed Mr. Forristal one hundred pounds “or that way rent.” His brother was his partner in the land. He first saw the prisoner and his assistants in the yard, it was not then 3 o’clock.
Sherlock distrained Luke Power four weeks earlier, but he did not think there was a reason at that time. He did testify that a horse had been taken away to the bog at that time. The prisoner distrained Luke Power before for Mr. Forristal, but could not say how long before. At the time the shot was fired Luke Power was four or five fields away and had not walked a step with the prisoner that morning.
The Testimony of Alicia Power of Rochestown, Glenmore
Alicia Power testified that she was the daughter of Thomas Power and the sister of the deceased Catherine Hanrahan. She remembered people coming to her father’s on the first of July last before sunrise. She saw the prisoner there. She testified that her sister was driving pigs out of the bawn. The prisoner desired that her sister leave them there. When she refused Alicia Power testified that the prisoner ran over and caught her sister by the neck and “squeezed her.” Her neck was cut by his “iron hand.”
Alicia Power stated that she could hear “all that occurred” between the deceased and the prisoner. The prisoner said, “Come leave the pigs there.” Deceased answered, “How do you know who owns them?” Prisoner then struck the deceased and was choking her. Prisoner lifted his foot on a stone and saying, “by G-d I’ll shoot you,” and then fired his pistol. Deceased was then running away and was shot 6 yards from the prisoner. She fell at the door, the ball entered her back. There was another man there minding the pigs where the deceased left them.
Her sister was “shot on Monday morning and died the Sunday following.”
Cross Examination of Alicia Power of Rochestown, Glenmore
Alicia Powers was driving the pigs with her sister the deceased. “They had been in the cabin and were driving them out of the bawn.” Deceased had a stick in her hand. She usually brought a stick to drive the pigs. The deceased did not strike the prisoner and Alicia Power never saw a stone in the deceased’s hand. Alicia Power testified that she never saw the prisoner fall or see any stone thrown at him. She testified that the deceased could not have thrown a stone without her seeing it. Alicia Power was at the prisoner’s side when he fired.
Alicia Power said that the prisoner had only one pistol. She saw Luke Power come up. But never saw the prisoner “present a pistol at him.” Alicia Power swore information against prisoner before Mr. Snow. She did not swear against any other person except the prisoner. She did not hear the deceased, or any other person calling out, “kill the black protestant,” and firmly stated that she did not say it either.
Examined by the Bench—Alicia Power clarified to the judge that the prisoner had six or seven men in his party, one of whom was present when the shot was fired. Bridget Cashin was present but no boys or men. They were down on the land where the cows were.
The Testimony of Bridget Cashin
Bridget Cashin was present when Catherine Hanrahan was shot. She saw the prisoner that morning and saw him fire a shot at Catherine Hanrahan. The deceased was Bridget Cashin’s cousin. She observed the deceased driving the pigs out of the bawn. Only her sister was with the deceased. None of the men of the house were present. She testified that the prisoner had two men with him. She denied that the deceased struck the prisoner or threw stones at him. “He cursed G-d, he would fire at her in a minute.”
Bridget Cashin testified that the prisoner caught the deceased by her neck and choked her. The prisoner laid the pistol on his left knee and fired. The deceased walked four steps and fell. “She did not get up since.” Deceased was 24 years of age, was married 2.5 years, and had one child. Interestingly the Waterford newspaper did not acknowledge that the deceased was pregnant when she was shot in the back.
Cross Examination of Bridget Cashin
Bridget Cashin could not identify the two men with the prisoner. The house was distrained for Mr. Forristal’s rent, but she could not say whether the men were “keepers.” Deceased refused to leave the pigs and was driving them away. The deceased said she would drive them in spite of the prisoner. Bridget Cashin stated that she did not say anything, and the deceased did not say “kill the bloody or the black protestant.” She did not see Luke Power come up. She went to Mr. Snow’s and swore information about six days after “the business occurred.”
The Testimony of Dr. John Briscoe of Waterford
Dr. Briscoe testified that he attended Catherine Hanrahan at Rochestown on the second of July. She had received a gunshot wound in the lower part of the back “of which she afterwards died.”
Cross Examination of Dr. John Briscoe
The wound was horizontal in the lower part of the spine on the right side near the hip. The doctor did not see a mark of bruises or a cut on the deceased’s neck.
The Crown rested and the defence began.
The Testimony of William Cooney
William Cooney testified that he knew the prisoner and went with him to Rochestown on the first of July to distrain for Mr. Forristal. The distraining party consisted of: Thoman and John Marks; William and Richard Jeffers; —Lonergan and himself. They first went to the fields where they collected three horses and some cows. Three men were left in the field to guard the animals. Prisoner then brought Lonergan and William Cooney to the house and told them to take charge of all the property there both inside and outside. He testified that they never entered the house. The pigs were seized in the lane. Prisoner brought William Cooney down towards the fields and they met Luke Power and his brother Thomas.
Prisoner advised the Powers to get bail to release the cattle. Thomas Power had a wattle and struck at Lonergan. The blow was prevented by Luke Power. Prisoner went down to Mr. Forristal’s which was about a field away. Lonergan and Cooney were left in charge of the house. Whilst prisoner was away the two Powers and a woman (not the deceased) pushed Lonergan out of the yard. Lonergan left to tell the prisoner. Cooney was alone and went out onto the road.
Power’s two daughters and another girl were driving the pigs out of the bawn. Deceased had a wattle in her hand. When Lonergan returned one of the girls said, “Mr. Forristal knew nothing of the pigs and for God’s sake let them go.” Lonergan and Cooney refused and the deceased then said, “she would have them (the pigs) or she would knock one of their brains out sideways with the wattle.”
Cooney testified that the wattle was heavy and two and a half yards in length. Prisoner returned and upon hearing the deceased told her, “for God’s sake go in and be quiet and all will be well.” Cooney stated that deceased advanced toward prisoner and said, “you black protestant are you come again to rob us?” She made a blow of the wattle at him. She said the words in Irish. Prisoner gave the deceased a shove and said, “go in God’s name and don’t be aggravating me.”
The deceased raised the wattle and struck the prisoner two or three times. She called out for someone to come “knock the black protestant’s brains out.” The deceased then took up a stone according to Cooney and struck the prisoner in the knee. The other two women were running with stones in their hands. Cooney and Lonergan went between the women and the prisoner. Cooney saw and heard the shot fired. The deceased when shot was stooping for a stone.
The prisoner when he fired was down, “having dropped down sideways when hit on the knee with the stone.” The prisoner was not flat on the ground. He was supported by his elbow. A quarter of an hour later Luke Power came up. The prisoner only had one pistol and it was re-loaded. Luke Power was very angry and was according to Coney going to injure them if he could. Luke Power called the prisoner a “bloody rogue” and “all of them robbers.”
Cross Examination of William Cooney
Cooney was asked to repeat what the deceased had said in Irish and he did. No men of the Power family were present from the time the pigs were driven out first until after the shot was fired. Cooney admitted that he and Lonergan had sticks, but were not otherwise armed. He continued to assert that the three women were very violent, but admitted that the three men could have defended themselves without a shot.
It was daylight when they came on the ground. They left Waterford at 11 o’clock at night. They stopped at Mackey’s on the way and too refreshment. They remained at Mackey’s until “clear daylight.” Cooney described Mackey’s as 4 or 5 miles from Rochestown. Deceased had not run from the prisoner she was sideways, stooping for a stone, about 6 or 8 yards from prisoner.
When the prisoner fell his pistol went off. Cooney stated that the prisoner had not aimed at the deceased. Cooney stated his belief that the prisoner did not intend to fire at the deceased or to pull the trigger. About an hour after the shooting the prisoner said that the pistol went off by accident. Although Cooney stated that the prisoner’s life was in danger, if Cooney was in the same situation he would not have fired at the deceased. Cooney could not say how the pistol went off.
Dr. Briscoe Recalled
Dr. Briscoe was asked about the wound. He testified that it was horizontal. He stated that if the deceased was stooping he could not conceive how she received such a wound unless she and the shooter were both kneeling. Thus Dr. Briscoe did not find injuries on the deceased’s neck and ruled out that the deceased was stooping when shot.
The Testimony of Pierse Edward Forristal, Esq. of Rochestown, Glenmore
“Recollected the morning when this transaction happened.” He saw the prisoner 6 or 8 minutes after the shooting. Prisoner was distraining for Forristal and had frequently before acted as bailiff on his lands. He had distrained them a short time before. The prisoner had “always behaved himself well, and if he had a bad character, he would not have employed him.” Forristal stated that the prisoner is a pensioner and lost his hand “on service.” He went on to testify that the prisoner “frequently interfered” with Forristal in favour of the tenants by always speaking kindly of them and “procured time for them.”
Cross Examination of Pierse Edward Forristal, Esq.
Forristal testified that he sent for the prisoner to act as bailiff and bring 5 men with him. He also instructed that they should be very early on the land “as the Powers had removed their cattle on a former occasion.” Prisoner called to Forristal about 3 o’clock in the morning and told Forristal he had affected the distress. Forristal ordered his horse to be got ready. Jeffers arrived and said that the Powers had taken away horses and cows. The prisoner returned to Power’s. When Forristal arrived he learned of the shooting.
Forristal asked the prisoner why he fired. Prisoner responded that “he’d rather he had wounded himself than the girl.” Forristal testified that Tom Power said to the prisoner, “you have murdered my daughter.” The prisoner replied, “I did not intend to shoot her, but if I did it was her own fault.” The prisoner then unbuttoned the knee of his breeches and showed a large mark on his knee saying, “See Mr. Forristal, how I have been used.” [Of course he could have injured his knee at any time stumbling around in the dark after leaving Mackey’s where they had “refreshments.”]
The prisoner did not tell Mr. Forristal that the pistol went off by accident and Forristal never heard that it did.
The last witness called was Rev. Francis Reynett who testified that he knew the prisoner for about 18 years. He considered him a well conducted man and never heard anything against his character.
Jury Decision
The Lord Chief Justice charged the jury and they retired, “and in a few minutes they returned with a verdict, acquitting the prisoner of murder, but finding him guilty of manslaughter. They also acquitted the prisoner of presenting the pistol at Luke Power.”
The Chief justice sentenced the prisoner to be burned on the hand and imprisoned for 6 months.
What Happened to the Power Family of Rochestown, Glenmore?
We know that no one by the name of Power or Hanrahan were listed as tenants in Rochestown in the 1829 Tithe Lists. We are currently searching Prof. Mannion’s Newfoundland records of Irish emigrants 1750 to 1850 because several Rochestown families moved there in the early 19th century.
For some information on Rochestown see our post of 3 December 2023.
******************
Please send any corrections or additional information to glenmore.history@gmail.com
Dr. Kathleen Moore Walsh
The Killing in 1822 of Catherine Hanrahan of Rochestown, Glenmore
Due to a typographical error, 1822 was placed in a newspaper search engine rather than 1922. However, from this simple mistake sprang an apparently long forgotten story concerning a young pregnant mother, named Catherine Hanrahan, of Rochestown, Glenmore, who was shot and killed by a one-armed Waterford bailiff in July 1822.
Catherine Hanrahan née Power (c. 1798-1822)
From the newspaper accounts of her killing we know that Catherine was the daughter of Thomas Power and her husband was Thomas Hanrahan. We were able to find a marriage record for Catherine Power and Thomas Hanrahan. Thomas Hanrahan and Catherine Power of Rochestown married 14 February 1820 at Slieverue. The witnesses to the wedding were: William Hanrahan, Thomas Hanrahan and James Cashin. The following year the couple had their first child, Judith Hanrahan. Judith was baptised 12 April 1821 at Rochestown. Her godparents were Luke Power and Nelly Foristal (sic). It does not appear that Luke Power was a brother of Catherine because the newspapers in reporting on her killing noted her parents and younger sisters mourning her death. One newspaper recorded Catherine being aged 23 at the time of her death and another gave her age as 24. The only Catherine Power we found in the Slieverue records for the years 1797-1799 was Catherine Power, of Boherbee, baptized 25 May 1797 to Thomas Power and Mary Welsh. Glenmore did not become a separate parish until 1844, so the earliest parish records are in Slieverue.
1822
The year 1822 was a year when food was not plentiful in Ireland and famine visited the west of the country. This was also the year that the Royal Irish Constabulary was established by Sir Robert Peel (1788-1850). Catherine was shot on Monday, 1st July 1822 and lingered in agony until her death Sunday, 7th July 1822. The Waterford Chronicle (Thurs. 11 July 1822, p. 3) stated that a report was circulating in Waterford City for a couple of days “…that a poor woman had been fired at and severely wounded, near Rochestown, by a man from this City, named Marks, employed to watch some property distrained. We forbore to notice the rumour at the time, having been unable to trace it to any authentic source; but we have since learned the melancholy fact, that the unfortunate woman died of the wound on Sunday. As the circumstances will of course undergo a judicial investigation, we refrain from saying more at present.” The Waterford Mirror (reprinted in the Carlow Morning Post, Mon. 15 July 1822, p. 3) noted that it had twice reported on the “unhappy occurrence” at “Rochestown, Barony of Ida, County Kilkenny, a place not under proclamation.”
“Not under proclamation” was a phrase used to describe the area as law abiding. Sir Robert Peel (1788-1850) was the chief secretary of Ireland from 1812 to 1818 and the driving force behind “An Act …to provide for the better execution of the laws in Ireland, by appointing Superintending Magistrates and additional constables in Counties in certain cases…[that] are in a State of Disturbance (54, George III, c. 131, 25 July 1814). Generally, if it was declared by a public Proclamation that an area was in a state of disturbance additional police and magistrates were put in place to quickly quell disturbances. Due to Sir Robert Peel’s establishment of professional police groups police were often referred to as “peelers” and “bobbies.” These terms are still used today.
The most detailed account of Catherine’s killing was found in the Leinster Journal (Sat. 13 July 1822, p. 2).
COUNTY POLICE—On the morning of the 1st instant, six or seven bailiffs were sent to Rochestown, in this county, to distrain of Thomas Power, for rent due to Pierce Edward Forrestall (sic), Esq. They arrived at the village long before sun-rise, and appear to have endeavoured to seize the pigs. Power’s daughter, Catherine, a good young woman, aged 23, wife of Thomas Hanrahan, who was gone to the bog, having heard the noise, got up, and seeing no person in the bawn, went to drive back the pigs to rest, when one of the bailiffs, a ruffian of the name of Thomas Marks, a pensioner, who has only one hand and has an iron hook fixed on the stump of the other, jumped from a loose stone wall, and hooked her by the throat with that substitution for a hand. She screamed which roused her mother, sisters, and a neighbour. Having disengaged herself from the miscreant’s iron hook, she fled towards the house, on which this ruthless barbarian placed his foot on an elevated stone in the yard, rested his pistol on his knee, took deliberate aim at the poor woman, and fired. She received the ball to the region of the kidney and fell to the ground. Surgical aid was soon procured, but in vain. The ball could not be extracted, and she lingered in excruciating agony until Sunday morning last, when she died in the arms of her heart broken mother, and in the presence of her afflicted father, husband, four younger sisters, uncles, aunts, other relatives, and of her own babe which is only 14 months old. The hapless victim of the fiend was in a state of pregnancy. John Snow, Esq. on hearing of the affair, attended to take her information, but she was in too great tertiary to give the necessary details. On Monday last, that Gentleman and Samuel Warring, Esq., held an inquest on the body, when a verdict of wilful murder was returned against Marks. The ruffian was publicly and most unaccountable at large in Waterford until the woman died, and he was seen last Monday in Clonmel. Happily for ourselves, perhaps we have no space left for commentary. Never in our recollection did so many police murders and outrages occur in the same space of time as during the last three months, but happily the population of the county have been guilty of neither, and notwithstanding the provocation we have recorded above, the inhabitants of Rochestown, always distinguished for their good conduct, offered no insult to the wretches who had brought mourning late their peaceful village.
It is assumed that Thomas Hanrahan and his father-in-law Thomas Power had left the house earlier to travel to a bog to cut peat. From the newspaper account it appears that only Catherine, her mother, and four younger sisters were at home when Catherine was shot by a one-armed pensioner employed as a bailiff.
A little over a month after Catherine Hanrahan died, her killer Thomas Marks was tried on Saturday the 12th of August 1822 in the Kilkenny Assizes for her murder. Unfortunately, there is some confusion among the newspaper accounts as to the outcome of the murder trial. It was reported in one newspaper that he was found guilty of murder (Saunder’s News-Letter, Tues. 20 Aug. 1822, p. 3). Several newspapers reported that Thomas Marks was found guilty of the manslaughter of Catharine Hanrahan and sentenced to six months imprisonment (e.g. Freeman’s Journal, Thurs. 15 Aug. 1822, p. 4; Dublin Weekly Register, Sat. 17 Aug. 1822, p. 3). The Leinster Journal (Sat. 17 Aug. 1822, p. 2) provided further detail regarding the punishment. A verdict of manslaughter was returned and the sentence was “to be burned in the hand and confined six months.”
Unfortunately, no newspaper appears to have covered the murder trial itself, so we do not know why Thomas Marks was convicted of manslaughter rather than murder. In the 19th century “malice aforethought” or pre-meditation had to be proven, or was it the case that the jury was swayed by the killer’s disability, age, or occupation? The burning of the killer’s hand raises an interesting point. During the Middle Ages clergy were immune to the civil law and could claim “Benefit of Clergy.” Later “Benefit of Clergy” became a procedural device where laymen could mitigate the harshness of the common law which provided that murders were hanged. To make certain that a layman was not able to claim the benefit more than once his thumb would be burned to mark him. Benefit of Clergy was greatly curtailed when transportation to a colony became a sentencing option and eventually it ended in the early 19th century. It is doubtful that the killer Thomas Marks sought the Benefit of Clergy. It seems more likely that the Judge believed that the jury had exercised mercy and wanted the killer marked to keep him from enjoying further mercy if he killed again.
In attempting to find more information on the killer we came across another man named Thomas Marks sentenced in 1821 to six months imprisonment with hard labour. This sentence of six months with hard labour puts the sentence of six months for killing a pregnant woman, running away from her killer, into perspective. The other Thomas Marks was convicted of stealing “four ducks, four hens and a cock, the property of Mr. Robert Macaulay of Crumlin” (Belfast Commercial Chronicle, Sat. 22 Sept. 1821, p. 4).
Killing No Murder
Perhaps the best clue as to explanation as to why Thomas Marks was convicted of manslaughter may be found on other pages of the Leinster Journal. In addition to the statements made in the article provided above entitled “County Police,”– that in his recollection there were never as many police killings and police outrages as in the previous three months of May, June and July 1822–the editor of the Leinster Journal wrote several other articles concerning the police killings in County Kilkenny. One entitled “Killing No Murder” (Wed. 7 Aug. 1922, p. 2) states,
A correspondent promises to send queries and observation for the consideration of the Grand Jury or Judges of the Assizes, relative to the apparent indifference of the functionaries of Government in the case of an aimable girl, Mary Delaney, who was killed on the spot by the rash and unwarrantable firing of the police on the people assembled at Bawn fair. He also bespeaks our indulgence for a few remarks on the employment of Ralph Deacon as a Peeler at this place where he so recently killed James Aylward, by shooting him through the body, having previously declared, according to the testimony of three witnesses, that he would do something of the kind. He [correspondent] thinks if the services of this man cannot be dispensed with in Ireland, he might be employed in more advantage at a distance from the justly irritated friends and relatives of the deceased.
Lastly, although Griffith’s Tithe Applotment books (1829) records the names of tenants of townlands was performed in 1829 neither Thomas Power nor Thomas Hanrahan are found listed in Rochestown or adjacent townlands.
If anyone has any further information or corrections, please send to glenmore.history@gmail.com.
Special thanks to Bernie Ryan of the Local Studies unit of the Kilkenny Library for her aid and patience as I pursued this very cold case through old newspapers not yet digitalised.
The featured photo of the two pistols is a cigarette card and is courtesy of the New York City Library. George Arents Collection, The New York Public Library. “Pistols.” New York Public Library Digital Collections. Accessed November 6, 2022. https://digitalcollections.nypl.org/items/5e66b3e8-c668-d471-e040-e00a180654d7
Dr. Kathleen Moore Walsh