Thomas Marks of Waterford bailiff
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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