Thomas Marks of Waterford bailiff

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 14^th 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.

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

Dr. Kathleen Moore Walsh