Information is wanted of Thomas McNamara, of Glandree,

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Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Sat Aug 10, 2019 10:48 am

I’ve looked again at that Publications page of the East Clare Heritage website (http://homepage.eircom.net/~eastclarehe ... tions.html) and see now that there are links to these three articles from the Sliabh Aughty journal:

'O’Callaghan Westropp Papers', by Tom Gorman, Vol. 3 (1992 ?): http://homepage.eircom.net/~eastclarehe ... papers.pdf

'Bodyke in History', by John S. Kelly, Vol. 3 (1992 ?): http://homepage.eircom.net/~eastclarehe ... istory.pdf

'Graves without Grace', by Patrick Madden, Vol. 1 (1989 ?): http://homepage.eircom.net/~eastclarehe ... tGrace.pdf

Looking at the Articles page of the East Clare Heritage site (http://homepage.eircom.net/~eastclarehe ... icles.html), I see that there are links to some articles there also, but I don’t know if these are from the Sliabh Aughty Journal, or from some other source:

'Medieval Parish Churches of North Clare' : http://homepage.eircom.net/~eastclarehe ... ieval.html
This may, or may not, be the same as 'Medieval Parish Churches of North-East Clare', by Fiona O’Reilly, Sliabh Aughty Journal, Vol. 7 (1997) – I don’t know.

'Scariff Union Workhouse', by Gerard Madden, http://homepage.eircom.net/~eastclarehe ... amine.html

'O’Gradys of Limerick and Clare', by Gerard Madden: http://homepage.eircom.net/~eastclarehe ... Grady.html

'Brian Boru and Tuamgraney', by Gerard Madden: http://homepage.eircom.net/~eastclarehe ... uTuam.html

'Grainne and Her Sisters', by Lorna Moloney: http://homepage.eircom.net/~eastclarehe ... ainne.html

Sheila

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Wed Aug 14, 2019 11:10 am

Hi Jim

Pat Finnegan, the author of Loughrea, that Den of Infamy: The Land War in Co. Galway, 1879-1882 (in which the tour by Foster and his son is described on page 125*), says
The Prevention of Crime (Ireland) Act 1882 provided for compensation to be paid to victims of crimes that were agrarian or the result of actions performed by an unlawful society. The hearings in relation to seven of the eight killings [near Loughrea] were held in Galway record court before Mr. J. Alexander Byrne QC in November 1882
Finnegan goes on to give the amount of compensation given to the next of kin in each case (p 100). The first five killings had occurred between May 1881 and November 1881, the last four in June 1882. It surprises me how quickly compensation was granted – in some cases it was only a few months after the killing. In two of the cases the widows received £800 each. In another case two daughters received £300 each. The widow of a constable received only £300, maybe because she had only one child. The brother (and heir) of Walter Bourke (landlord) received £1,500. The widow of John Henry Blake (landlord) received £3,000, plus £1,200 for the injuries sustained by herself. The widow (and 11 children) of his driver, Thady Ruane, who had been killed in the same shooting, received only £400.

*
Forster had come under sustained pressure in parliament regarding the failure of the PPP (Ireland ) Act to stop outrages despite the arrest of so many Land League activists. In March 1882, Forster decided to undertake a tour of some of the ‘disturbed areas’ in Clare, Limerick and Galway. The first stop was Tulla in east Clare, which he described in a letter to Gladstone as ‘the worst in Ireland - being possessed by a secret society, partly treasonable, partly murderous’ [1. Wemyss Reid, Life of Forster, ii, p.392]…. He also visited Tulla Workhouse to speak to Michael Moroney, who had been shot by moonlighters near Feakle, and gave him a present of £10. Moroney died the following day. From Ennis, Forster travelled by train to Athenry, ‘the worst bit of Galway’, and held brief discussions with local people attending the weekly market [3. Galway Express, 4 Mar. 1882]

Loughrea, that Den of Infamy: The Land War in Co. Galway,1879 - 82, by Pat Finnegan (Four Courts Press, 2012).

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Wed Aug 14, 2019 11:48 am

Hi Jim, again

Here is the mention of Tulla in Wemyss Reid's, Life of the Right Hon. W. E. Forster: https://archive.org/details/cu31924096961291/page/n405

Sheila

Jimbo
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Jimbo » Thu Aug 15, 2019 6:12 am

Hi Sheila,

Thanks very much. Certainly a controversial topic that you have brought up regarding compensation to crime victims under the Prevention of Crime Act. Prior to your posting I was hesitant to mention the "Blood Money Tax" as thought this might still be a very sensitive subject in County Clare as it was only some 130 years ago. But since you have brought up the topic in relation to County Galway, further below is information on the payments under the Crimes Acts in County Clare. The compensation to be paid to crime victims is presented from the perspective of one British and one Irish newspaper.

Notice how with the British newspaper (similar reports in all British papers) the reason for the compensation was the focus, with repeated use of "murder", and the names of the victims were reported. On the other hand, the Irish newspaper made no mention of the crimes or the crime victims, but reported the names and townland of those who would receive the money. I reckon this might have led other victims to hesitate to make an application in the future. And the Irish newspaper also highlighted the specific districts to be charged and the poverty of these districts. Catherine Moloney applied for compensation of £1,500 in December 1882 per a Freeman's Journal article; a related warrant to charge compensation on districts was approved in April 1883 for a lesser sum, as per below articles. Sheila, I have my doubts that the victims actually received the money at that time.
COMPENSATION FOR MURDERS IN COUNTY CLARE

The Dublin Gazette contains a number of warrants to charge various districts in Ireland with the payment of compensation under the Prevention of Crimes Act. £400 has been awarded to Margaret Linnane, whose father-in-law was murdered near Breaffa; £300 to the wife of Patrick Halleran, fired at and wounded near Ballybee; £400 to the wife of John Doolaghby, murdered near Knockaman; £400 to the wife of Michael Conway, murdered near Kilmore [Kilnoe?]; and £500 to the wife of Michael Moroney, murdered near Leighort. All these cases were in county Clare. Smaller sums are awarded for injuries in counties Cork and Clare.

The Leeds Mercury, 12 April 1883
Warrants to charge compensation on districts to the following persons appear in the Dublin Gazette:- To Margaret Linnane, payable by the barony of Ibrickane, £400; to Bridget Halloran, of Trinaderry, Ennis, payable by the baronies of Upper Bunratty and Islands, £300; to Elizabeth Doolaghty, chargeable to the same baronies, £400; to Mary Conway, of Kilmore, payable by the barony of Upper Tulla, £400; to Catherine Moroney, of Leighort, payable by the baronies of Upper Tulla and Upper Bunratty, £500; to Michael Hurley, of Rieskane, payable by the barony of Upper Bunratty, £50; to Thomas Wills, of Scariff, a constable of R I C, payable by the barony of Upper Tulla, £200; to John Frawley, of Knockapreaghaun, payable by the baronies of Upper Tulla and Upper Bunratty, £150. These charges are all levied on four or five baronies in the county of Clare, and amount to the large sum of £2,400. A great part of this district is thinly inhabited and very poor. Furthermore the following charges for compensation were levied on districts in the County of Cork...

The Freeman's Journal
, Dublin, 12 April 1883
Here is a good example of the controversy created by charging districts with the payment of compensation under the Prevention of Crimes Act. The below letter is from a Parish Priest in Tipperary who appears most upset that he personally was charged, but doesn't seem too concerned about his parishioners:
THE BLOOD MONEY TAX
TO THE EDITOR OF THE FREEMAN
New Inn, Cahir, 1st August

MY DEAR SIR - I was applied to on this day by the police sergeant of Cashel for three shillings, part of a sum awarded to a woman living in Clonmel - eight miles from this - for the murder of her husband, which took place four years ago next October. I refused to pay this money, saying I had no more to do with the murder of this man than the Prime Minister of England; that for the fifty years and more of my career as a Catholic priest I have been unceasing in denouncing and, as far as I could, preventing crime of every sort, and that during that prolonged course of active public life I was, I am sure, the means of saving more lives than the member of the whole British Cabinet put together. The Conservatives when in power never disgraced themselves by such an insulting application to any minister of religion; this was reserved for the foul things which now swarm about Dublin Castle.

JOHN RYAN, P.P.

The Freeman's Journal, 6 August 1884
And in late 1882 there was an incident near Feakle that occurred under a new Coercion Act where suspects actually had to be tried in a court. The shooting involved neighbors with unique surnames that appear to have had an ongoing bitter family feud. They were still neighbors in 1901 and in 1911, and most likely are still neighbors in 2019. I don't want to be responsible for any dirty glances at Sunday Mass this week at the Feakle Chapel, so I did not provide their names when transcribing the news article. Also X'd out the townland as I reckon it would too easy to identify the families. One of the witnesses, Michael McNamara, has too common of a name to worry about, and he provides an interesting exchange at the court hearing regarding taxes levied for crimes committed under the Prevention of Crimes Act:
On Saturday the Court was occupied for the greater part of the day in hearing a trial in which [D] and [E], brothers, were indicted for having fired at [C] with the intent to murder him. The occurrence took place on the 11th of September last at a place called X, near Feakle, county Clare, a district which was one of the most disturbed in Ireland during the recent agitation. From the evidence it appeared that the parties held lands adjoining and intersecting one another, and differences arose between them. On the day in question [C] was returning home from an outside farm of his, and while parsing a clump of furze [another name for "gorse"] he was fired at. He stated that in a few minutes after the shot he saw the prisoners stand behind the bush from which he had seen the flash of the shot come. He only saw [E]'s back, but [D] was nearer and appeared to have discharged the shot. He did not see firearms with either. Another witness proved he heard a shot and saw the two prisoners come from its direction. Michael M'Namara deposed that he heard [D] swear he would shoot the "gauger", a name by which [C] was known. [D] produced a pistol at the time. Witness [M'Namara] asked [D] what would be the use of shooting [C] when it would only result in loading the neighbours with taxes.

HIS LORDSHIP.- So your objection to the murder was a financial one. (Laughter.)

The defence was an alibi, but the jury convicted the prisoners. Sentence was deferred.

The Times, London, 18 December 1882
And Sheila, thank you very much for providing the link to Wemyss Reid's, Life of the Right Hon. W. E. Forster, written in 1888. After he died in 1886 a marble plaque was placed in Westminster Abbey bearing his likeness and stating "The Right Honourable William Edward Forster, M.P. Born July 11 1818. Died April 5 1886. To his wisdom and courage England owes the establishment throughout the land of a national system of elementary education". The website for Westminster Abbey is truly excellent and has details on his life and some nice photos here:

https://www.westminster-abbey.org/abbey ... rd-forster

The Right Honourable William Edward Forster has also been commemorated by The Dubliners in the song Monto; here is a performance with Luke Kelly from 1970 (at the one minute mark is the verse mentioning the Chief Secretary for Ireland):

https://www.youtube.com/watch?v=Wny_0pi4hR4

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Thu Aug 15, 2019 10:42 am

Hi Jim

After posting the link to Wemyss’s book, I noticed that the Forster’s letter to Gladstone says, “this district in East Clare is just now the worst in Ireland – being possessed by a secret society…” – So he is referring to East Clare - not just Tulla.

Yes, the rates (abolished in 1977) caused those who paid them to look askance at those who caused them to be raised, and this did not help things in Ireland at any time, but especially not in the late 19th century, I feel sure. If there was trouble in an area, the cost of extra policing was levied on the ratepayers in that area. Compensation for damage to property was levied on the ratepayers, which must have compounded problems, rather than solved them, and must have caused much rancour, surely. It’s not clear to me at what point the Protection of Persons and Property Act 1881 included compensation for injury to the person. I am confused because Forster seems to be proposing it as late as April 1882 - when he was proposing a renewal of the Act together with amendments. But, at any rate, it's clear from his letter that it was intended to make people pay for the crimes their neighbours committed - see page 415-8, Forster’s letter to Gladstone dated April 7th 1882 - here is an extract:
I attribute this increase of the most serious agrarian crimes to two causes: (a) the fierce passions evoked by the “No Rent” struggle, for which the Land League leaders are mainly responsible; (b) the immunity from punishment. “The first cause will diminish power, unless, indeed, we have to struggle for the May rent as well as for the November rent, as some persons fear; but the other cause gains strength by continuance. One of the worst features of recent murders is the slightness of the apparent motive. The intending murderer has little or no fear of punishment. Why? Because witnesses will not give evidence and juries will not convict; and Lord Lansdown is right in saying that a good reason why witnesses hold back is that they will not risk their lives for nothing. “What,” they say, “is the use of my giving evidence which no jury will heed?”
“Now, this being, in my opinion, the situation, what measures would I propose?
“(1) A vigorous and determined effort to secure convictions of men notoriously guilty. For this purpose I do not think amendment of the jury laws will suffice. We cannot return to the old system of packing juries and tinkering; such a bitter system of challenging, etc., may be an improvement, but no cure for the present evil.
“I think we cannot stop short of taking temporary powers to try agrarian offences, without jury, by special legal commissioners. It is a question whether this should be done in districts notorious for jury failure, as Limerick, Longford, Kerry, or in cases in which the judge reports after trial that the verdict is against evidence.
“On the whole, I am in favour of the first alternative.
“(2) My next proposal would be in the hope of getting some local support to the Government, if not for law, at least against crime. There are two directions in which we may aim at this end:-
“Appeal to the localities for material help; appeal to men to protect themselves and their neighbours. I have tried, and am trying, very hard for this; hitherto without success, but I have not yet given up hope.
“Or we may appeal to their self-interest; that is, fine men for conniving at outrages.
“I am not so sanguine as some of the effect of this provision, but I think it will do real good in creating a public opinion against outrages.
“I would therefore (a) make small districts pay for special police protection; and (b) give compensation for injury to person, as now given for destruction of property. (c) I would re-enact section twenty-three of the Peace Preservation Act of 1870, enabling arrest of persons out all night under suspicious circumstances. Such re-enactment will make it easier to deal with the Protection Act.
“Can we let this Act expire? I dare not face the autumn and coming winter without it.
It wasn’t clear to me how giving compensation to people who were injured was going to prevent crime - if compensation was going to be awarded whether someone was found guilty, or not, why would the neighbours not continue to withhold evidence as before? – but I see now from your last quote (from The Times, London, 18 December 1882 - "what would be the good of shooting [C] when it would only result in loading the neighbours with taxes"), that it did have a deterring effect.

I just don’t know enough about rates to understand how exactly the system worked, but it does seem to have been very unfair. Along with causing suspicion between neighbours, it also resulted in fewer improvements (such as improvements to workhouses) in poorer areas. Poorer areas became poorer. I wonder if the origin of cess (the old name for rates) lies in Thomas Drummond’s* famous statement, “Property has its duties as well as its rights”. If so, I don’t think it was his intention was that the people of an area should have to bear the cost for everything that happened in that area, or to have to pay for every service that was provided.

*Thomas Drummond’s statue is in City Hall, Dublin. His biographer was Richard Barry O’Brien, from Kilrush (1847-1918): Thomas Drummond – Life and Letters (1889): https://archive.org/stream/thomasdrummo ... 9/mode/2up

Going back to Wemyss’s book, I noticed that Forster’s adopted daughter, called Mrs. O’Brien in the book (her diary-entries are quoted a few times and show great love for her father), has a connection with County Clare. She was Florence Arnold Forster and she married Robert O’Brien, who was clerk of the peace at Ennis courthouse. They lived in Ballyalla, a lovely place not far from Ennis, on the Ruan road: https://en.wikipedia.org/wiki/Florence_Vere_O%27Brien

Sheila

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Thu Aug 15, 2019 11:23 am

Hi Jim, again

Your quote from The Leeds Mercury 12 April 1883 includes: "£400 to the wife of John Doolaghby, murdered near Knockaman".
I realise now that this "Knockaman" must be Knockanean and that the case is probably the most written about in Co. Clare – usually called the Francie Hynes case – so well known that I forgot about it when I looking for what had been written on incidents during the Land War: http://www.clarelibrary.ie/eolas/coclar ... r_1882.htm

Sheila

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Fri Aug 16, 2019 12:28 pm

Hi Jim

Firstly, I should have referred to Wemyss Reid – not to “Wemyss”.
And then, as to Cess, it seems Cess originated way back in the mists of time: I came upon this paper, ‘On the Origin and Application of Irish Poor-rate’, by H. J. MacFarlane, which was read to the Dublin Statistical Society in 1847: http://www.tara.tcd.ie/bitstream/handle ... sAllowed=y, and you need read no further than the first page of that paper to see that “relief for the destitute and work for the able bodied have been the spirit of the English poor law ever since [the 43rd of Elizabeth I], though much abused in its administration”. So it seems that relief of the destitute, as a moral duty, was already well established by the time Drummond made his famous statement in the letter he wrote to the Tipperary Magistrates on 22nd May 1838 – see page 284 of Thomas Drummond, Life and Letters: https://archive.org/stream/thomasdrummo ... 4/mode/2up. That letter gives context to Drummond’s statement and, reading it, it becomes clear that he is admonishing the gentry of Tipperary for neglecting their duty to the poor – a duty they ought already be well aware of:
Property has its duties as well as its rights; to the neglect of those duties in times past is mainly to be ascribed that diseased state of society in which such crimes take their rise; and it not in the enactment or enforcement of statutes of extraordinary severity, but chiefly in the better and more faithful performance of those duties, and the more enlightened and humane exercise of those rights, that a permanent remedy for such disorders is to be sought.
In Ireland, the July 1838 enactment of the Poor Law Act (An Act for the more effectual Relief of the Destitute Poor in Ireland), meant that the relief of the destitute was no longer just a moral duty, it was an obligation. The country was divided into unions (collections of parishes). The cost of building workhouses and administering them fell on those unions - it was levied on the owners of the land (half the cost) and on the occupiers of the land (half the cost).

And now, at last, returningto the Land War and the subject of compensation: we can see that the cost of compensation was levied on the district, though what exactly “district” constituted, I don’t know and would like to find out. On top of that cost, was the ongoing cost of policing, which this question on police protection in Galway, raised in parliament in July 1882, shows:
https://api.parliament.uk/historic-hans ... tection-in
I doubt very much that the people paid the whole cost for extra policing, but whatever amount they had to bear, it must have felt like a punishment.

Sheila

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Mon Aug 19, 2019 10:17 am

Following on the above mention of police huts:this illustration shows the interior of a police hut, Gurranmore, Pallas, County Limerick (1882): https://www.gettyimages.ie/detail/news- ... to/3163179
The illustration was just one of five illustrations on page 5 of The Graphic of January 7th 1882. A copy of that page can be viewed in Limerick Museum. The catalogue description: Pages 5 of “The Graphic”, Jan. 7th, 1882, has five prints under the general heading, “The Condition of Ireland”. Top left and right entitled “Within and Without – Results of the “No Rent” Policy, Castle Island Co. Kerry”, mid left “House by the Roadside at Derhee, Co. Kerry, built in One Day for an Evicted Tenant”, mid right “Land Leaguers Building a House by the Roadside at Derhee, Co. Kerry”, bottom “Interior of a Police Hut at Gurranmore, Pallas. Co. Limerick – Arming to escort a Process Server”: http://museum.limerick.ie/index.php/Det ... ct_id/9590

The illustrations of the Land League hut have a connection to Tulla and the activities of the Ladies Land League there. Anne Kirke of the Dublin Ladies Land League was arrested in Tulla on 21st April 1882 by Lloyd Clifford. Anne had arrived in Tulla from Dublin in connection with the building of huts for evicted tenants. The Wikipedia entry on the Ladies Land League says that she was imprisoned for 3 months: https://en.wikipedia.org/wiki/Ladies%27_Land_League, but this piece by Sharon Slater says that she remained in prison for 6 weeks and was released by order of the Lord Lieutenant: http://limerickslife.com/limerick-impri ... ague-1882/.

Here is Thomas Sexton’s question to parliament regarding the legal right of right of Clifford to forbid the building of huts: https://api.parliament.uk/historic-hans ... ue-huts-mr. His question was asked on 18 April, so it seems Anne Kirk had arrived in Tulla at least a few days before she was arrested (on the 21st):

I don’t know if any huts were built in Tulla following that arrest. It is interesting that the huts were prefabricated (made by B.B. Leech of d’Olier Street in Dublin) - it sounds so modern. So, if the flat-packs arrived in Tulla, but were not used, they could be taken away and used somewhere else.

Sheila

Jimbo
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Jimbo » Tue Aug 20, 2019 7:44 am

Hi Sheila,

Thank you, especially for the link to the Delahunty Family History by Catherine Delahunty of New Zealand. A fascinating story with their connection to Francis Hynes and very well told. I see that on the index you provided for The Other Clare there is also "Outrage at Drumdoolaghty: the Francie Hynes Affair", by Philomena Butler, which appears in Volume 30 (2006).

Was curious about the song "The Execution of Francie Hynes" and in particular the author "P Hanley" and discovered that he was the author of several broadsheets, including "The Death of Miss Fanny Parnell" and "Gems of the Land League". The University of Notre Dame library has original broadsheets here:

https://rbsc-prod.library.nd.edu/collec ... 011-F2.jpg
https://rbsc-prod.library.nd.edu/collec ... 005-F2.jpg

Another google search result for "P Hanley" led me back to the Clare Library website and an article "Songs of Agrarian Strife" by Pat Feeley. Still no information on who P Hanley was, but an excellent article that provides a historical context of the murders described in the Irish ballads. "He is gone and fills a martyr’s silent grave" is a verse from "The Execution of Francie Hynes" which used the term "martyr" six times. Francis Hynes became a martyr memorialized in songs and poems, radio shows and numerous articles. Hardly the sensitive subject of a man wrongly accused of murder that the Irish have avoided writing about. "The ballad without exception is on the side of the tenant farmer and supportive of his cause, hostile to the landlord and the civil authorities, on the side of the Moonlighter and the assassin and mostly unsympathetic to the victim. For instance, in the lament for Francis Hynes there is no word of sympathy for the poor herdsman shot dead coming from Mass, or for his wife, or for the seven orphans that he left behind" per "Songs of Agrarian Strife" by Pat Feeley:

http://www.clarelibrary.ie/eolas/coclar ... strife.htm

The Delahunty and Doloughty surnames are not so common in County Clare; only 10 and 16 individuals of their respective surnames in the 1901 Irish Census living in County Clare. Timothy Delahunty and Luke Delahunty were two brothers, sons of a small farmer living on the estate of Miss McGrath at Kilbarron House, near the village of Feakle. The younger brother, Luke Delahunty, was baptized in 1861 (just after the start of the Feakle church records in 1860), parents Patrick Delahunty and Anne Torpey. In the 1901 census, Timothy Delahunty and his family of six individuals are living at Kilbarron (Coolreagh).

The warrant to charge districts for compensation of £500 to Catherine Moroney of Leighort was made in April 1883 - see newspaper articles in my prior post. These articles also stated that £400 was to be paid to Elizabeth Doolaughty but her location was not listed as her family had already left Ireland. From the below excerpt from The Delahunty Family History, the timing of the compensation was naturally assumed to have been prior to Mrs. Delahunty and her seven children leaving for New Zealand on the 2nd of March 1883:
It is not known what compensation Elizabeth received, however it must have been considerable for on 2 March 1883 the family left Gravesend, London on board the “Indian Empire”, bound for Dunedin, New Zealand. No doubt some local sympathy for Elizabeth disappeared when she applied for the compensation under the Crimes Act as this was a tax against the ratepayers of the district to act as a deterrent against crimes of this nature.
However, I have my doubts about this timing of compensation since the warrants don't appear to have been approved until April 1883. Plus, Mrs. Delahunty, from the below article in The Morning Post, appears to have had other sources of funding which I believe could have easily paid for the voyage to New Zealand:
CRUEL "BOYCOTTING"

Mrs. Deloughty, widow of the man for whose murder Francis Hynes was executed, sailed for Otago, New Zealand, yesterday, with her seven children. The Mail newspaper got up a fund for her amounting to £154, and Mr. Clifford Llyod gave her an additional £50. After Hyne's execution she was completely "Boycotted" by her neighbours, and found it impossible to live in the country.

The Morning Post, London, 2 March 1883
In our search we've already come across Mr. Clifford Lloyd, as he was responsible for the arrest and imprisonment of Miss Bridget McCormack of the Ladies Land League in January 1882. It was her arrest that Andrew Sheedy McNamara of Glandree was protesting when he and the Murphy brothers were arrested (see page 16). Back in 1860, Andrew Sheedy McNamara was the witness at the marriage of James Madigan and Mary (Johanna) McNamara of Glandree at Tulla Parish. Mary McNamara, of course, was the sister living in Barnsley Yorkshire searching for her missing brother, the Civil War soldier Thomas McNamara of Glandree.

The history of the Delahunty family was written in 1994 with research being done starting in the 1970's. Amazing to think of the hours required to complete such a thorough family history in the pre-internet era. And from New Zealand no less, about as far from County Clare as one could get. Information that would take days to research, or perhaps even be impossible, can now be easily obtained with a google search in seconds. An excellent example is researching the Moonlighters during the agrarian conflicts, and specifically the moonlight during their night raids. The below website by Fred Espenak, a retired NASA astrophysicist, provides a table of lunar phases for the entire 1800's: http://astropixels.com/ephemeris/phases ... s1801.html

Moon Phases Table for 1882.jpg
Moon Phases Table courtesy of Fred Espenak, www.Astropixels.com
Moon Phases Table for 1882.jpg (70.71 KiB) Viewed 1373 times

So from the above 1882 table, when Michael Moroney of Cloonagro and Michael Moroney of Leighort were attacked by Moonlighters on the night of 25th of February 1882, it was just one day past a "first quarter moon". At 9:31 pm Universal Time (same as Greenwich mean time) on the 24th of February, the moon reached its peak as a first quarter moon, and approaching March 5th would become a full moon. The Moonlighters on the 25th would have been traveling by a moon that was over 50% illuminated on the right side, and that more or less rose at noon and set at midnight. Catherine Moroney stated at the inquest that the Moonlighters attacked her home about 9 pm. The moon would have been still visible but perhaps not too bright as to see by. This might explain why her neighbor James McNamara of Leighort stated that one of the Moonlighters returned to his home to fetch a light before returning to the Moroney's.

Did the Moonlighters plan their night activities to avoid a full moon, and instead prefer a first quarter moon that would have set by midnight and allow their getaway in complete darkness?

Sduddy
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Tue Aug 20, 2019 7:28 pm

Hi Jim

You say that Andrew McNamara, who was witness at the marriage of Pat Maddigan and Johanna (Mary) McNamara, 13.02.1860, is the Andrew Sheedy McNamara who was arrested in January 1882, but we simply have no evidence for that. The witness at the marriage might just as well be Andrew, the son of Martin McNamara and Bid Foley, who was born in 1843 – and I believe you have said as much yourself on a couple of occasions.

I read the article you mention, ‘Outrage at Drumdoolaghty: The Francie Hynes Affair’, by Philomena Butler, in The Other Clare, Vol 30, pp 15-22, with interest. It is a pity it is not available online. The author gives good historical background and also gives a lot of detail on trial itself, referring to reports in The Clare Journal, The Limerick Chronicle, The Clare Freeman and Ennis Gazette, The Clare Journal and Ennis Advertiser and The Nenagh Guardian. She opens the article with this paragraph:
The shooting of John Doolaghty and the subsequent execution of Francie Hynes for the crime remains controversial to this day. The question of Hynes’ guilt was never conclusively resolved. The evidence that convicted him was entirely circumstantial save the victim’s alleged ‘declaration’ that it had been Hynes who shot him. It had been obtained by the R.M. in the immediate aftermath of the shooting, when, according to other witnesses, John Doolaghty had been unconscious. The shooting had resulted in severe brain damage and his ‘declaration’ was, from the outset, deeply suspect.
Sharon Carberry has done some research on the family of Francie Hynes’s mother, Elizabeth O’Connell –see topic 'Doora and Kilraghtis Baptisms 1821–1862, plus 1862-1881': http://www.ourlibrary.ca/phpbb2/viewtop ... f=1&t=6861.

I agree with you that Catherine Delahunty did great job in researching the family history of the Dooloughtys, and all without the help of the internet. According to Philomena Butler, Catherine Delahunty has met with Clare Hope Hynes, a descendant of a brother of Francie. It was an emotional meeting and they embraced each other.


Sheila

Jimbo
Posts: 320
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Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Jimbo » Fri Aug 23, 2019 5:45 am

Hi Sheila,

Yes, of course, the witness at the marriage of James Madigan and Mary McNamara in 1860 could also have been the Andrew born in 1843 to Martin McNamara and Bridget Foley of Glandree. The story of John Doloughty and Francis Hynes that you brought up was very interesting but also very dark. I suppose in my haste to transition the story back to the search for the missing Thomas McNamara, I was a little loose with the facts.

And I am glad you brought up Martin McNamara and Bridget Foley of Glandree (listed as family #9 on page 13) as this family has flown under the radar in our search. Martin McNamara and Bridget Foley had eight children but we know very little about them; only one son Lawrence McNamara was living in Glandree in the 1901 census. I believe their daughter Catherine McNamara of Glandree married John Corbett in 1860 at the age of 21; and that her first born son James Corbett had her brother Lawrence McNamara as the baptism sponsor in 1863. There is a family tree on ancestry of a James Corbett with very few facts of his origins other than he was born about 1864 in County Clare and arrived in the USA about 1883 or so; there is no information on either his parents or any siblings. James and his wife Ellen had nine children in Hartford, Connecticut where James Corbett died in 1912 at the age of about 48 years old. Corbett would be a common surname in County Clare, but their family tree does have a photo of James Corbett that is the spitting image of the USA passport photo of Patrick Corbett who left Brooklyn in 1924 to visit his mother Catherine McNamara Corbett living in Afflick. This is not a DNA match, but the two men had very unique features.

What is also interesting of this James Corbett of Connecticut is that he married Ellen Blake in Elmira, New York in 1892 before settling in Hartford in 1893. Why was he in Elmira? Did James have an uncle or aunt living there? If the search feature was working on this website, we'd find many postings by Sharon mentioning Elmira as a popular destination for Clare immigrants. And Sheila, during our search you brought up the Ellen O'Neill family letter archive on the Clare Library website. Ellen's sister, Kate O'Neill of Scalpnagown married Patrick McNamara of Glandree (brother of Andrew Sheedy McNamara; see family #4 of #9 on page 13) in 1870 at Crusheen Chapel; Kate's death in 1872 is referenced in the O'Neill letter archive. In another letter from 1855, Thomas Purcell, a cousin living in Elmira, wrote to Ellen O'Neill that if she moved to Elmira he would "get you a good husband that is as true as the gospel if you want to get married" and she'd be living near "all our people and the neighbours that used to live near you to home, all the folks that ever lived in Tulla, they are here and a great many others besides of the old acquaintances".
http://www.clarelibrary.ie/eolas/cocla ... etters.htm

And Sheila thanks for providing the opening paragraph for the article "Outrage at Drumdoolaghty: the Francie Hynes Affair" by Philomena Butler from The Other Clare (2006). And especially for taking the time to list out what newspapers were used for this research, as this also highlights what newspapers were not used. "Outrage at Drumdoolaghty: the Francie Hynes Affair" was published in 2006 and since that time what is available on the internet has grown exponentially. So, yes, although it is a pity that The Other Clare article is not available on-line, the detailed coverage of the Hynes trial by the Freeman's Journal is available. I find the John Doloughty Murder, also known as the Francie Hynes Affair, absolutely fascinating and the fact that in 2017 you overheard a discussion of the case when dining at the Auburn Lodge Hotel in Ennis even more so. Taking time to look into the murder/ affair provides valuable lessons that during the search for the missing Civil War soldier Thomas McNamara we should always obtain multiple sources when researching events and have healthy skepticism regarding what has been written in the past.

The Delahunty Family History included the trial coverage of John Hynes from the Limerick Chronicle of 12 August 1882.
http://www.clarelibrary.ie/eolas/coclar ... l_1882.htm
[Mrs. Doloughty testified after Mr. Hugh McTernan, R.M, - see his testimony in link above]

The widow of the deceased deposed that she was not with him when he left Ennis on the day he was shot. She was present when the magistrate asked her husband questions, but did not hear the answers. Last autumn a number of men with blackened faces broke into her husband’s house, told him to prepare to meet his Lord, that he should die, and they placed him on his knees that he would “leave off herding for Lynch.” She never heard the prisoner threaten her husband. They were very “great” and prisoner had made her husband several presents during the past two years.

Michael Doloughty, aged 15, son of the deceased, deposed to having found his father lying on the roadway; witness asked him what had happened, he said “Francy,” with some guttural sound which witness could not catch.

The Limerick Chronicle, 12 August 1882 (quoted from Delahunty Family History)
The Limerick Chronicle provided a very summarized version of the Hynes trial, not the specific testimony made by the witnesses. Sheila, I don't have access to the Other Clare article, but perhaps The Clare Journal and other newspapers you referenced had similar coverage. It would seem so from the opening paragraph you quoted. The trial coverage of The Limerick Chronicle was very different from the coverage by the Dublin newspaper, The Freeman's Journal:
... [her testimony follows the opening statement the Attorney General, and the first witness, Mr. Hugh McTernan, R.M.]...

Elizabeth Doloughty, wife of the deceased, in reply to Mr. Murphy, deposed that her husband had acted as herdsman to Mr. Hynes. On the Sunday in question she and her husband attended Mass in Ennis. Afterwards her husband left the town before her. She left about half-past two, and on the road met a boy running for water. Immediately afterwards she found her husband lying on the road, with his head on grass, and Dr. Dackson [spelt Daxon in other articles] near him. She asked him who killed him, and he said "Francy." She then fainted. She fainted a second time, but remembered when Father O'Loughlen and Captain M'Ternan were there. On the following day (Monday) she spoke to her husband. She asked him did he know her, and he said "Yes." She asked him what was her name, and he said "Liz," which was the name he used to call her. Last harvest three men with their faces painted came to her husband's house about nine o'clock. He was eating his dinner. They told him he was going to die. They put him on his knees and swore him to leave the herding on that day week.

Cross-examined by The MacDermot - Francis Hynes never threatened me. I never heard him object to my husband herding. He made my husband a present of a car which he had made himself, and also a creel [a wicker basket used to carry blocks of peat] previously and a table two years ago.

To Mr. Murphy - That was when they were friends. I did not see him speak to my husband since last spring.

Michael Doloughty, a boy, in reply to the Attorney General, said he was deceased's eldest son. When his father was lying on the ground he (witness) asked him who shot him. At first his father did not answer, and put his hand to his thigh twice. Witness asked him again, and he said "Francy" twice, and then said something more in a guttural sound. Witness then went to the Ennis police barrack and gave information, and he came back with Captain M'Ternan and the police to where his father was lying. His father died on the following Monday night at a quarter past ten.

Cross-examined by The MacDermot - After Captain M'Ternan left my father I did not hear him say anything that I could understand. I did not say to anyone "Whoever did it, my father will say it was "Francy" Hynes.

Dr. William Dackson, examined by Mr. Murphy - On Sunday, 9th July, I drove out from Ennis. It was about fifteen or twenty minutes past three when I found the man, whom I afterwards learned was Doloughty, on the road. His wife came up crying and said they had killed him, and asked for the priest. Deceased's face was covered with blood. I moved him from the centre of the road to the roadside, and drove away for the priest, the priest having previously told his wife to give him some whiskey and water. When I first came up to him I asked him what happened to him, but he made me no answer. I went to Ennis and gave the alarm.

Cross-examined by Mr. Roche - It was before I moved him that I asked him what happened him. My opinion then was that he was unable to speak.

... [a few witnesses testify that they saw Mr. Doloughty traveling on the road after Mass prior to the shooting]...

Constable Richard Doyle, examined by Mr. O'Brien, Q.C. - About twenty minutes past four o'clock on the Sunday in question I heard of Doloughty having been shot. I went from my lodgings in Ennis to the police barrack and set the police in motion. I then drove out to a place called Bearfield. I went into Hassett's public house there, and when I came out I saw the prisoner about a hundred yards down the road. It was then about a quarter past five. The prisoner was eating a piece of bread and butter. His trousers were wet half way up to his knees, and his knees were wet. His boots were of a grey colour, as if the polish had been washed off. I felt his pockets to see if he had a revolver, and while doing so I said, "Hynes what brought you here." He said, "I came for a ramble." I said, "How long have you been here?" He said, "About two hours." I took a parcel out of his breast pocket and put it back again, and then I told him I was about to arrest him. He got excited and said he would not go, and began to wheel his hands. I handed my rifle to another constable, and advised him to go quietly as his conduct would otherwise tell against him afterwards. Other people also advised him to go. He said he would not go until I told him what I was about to arrest him for. I told him it was on suspicion of firing at Doloughty, and gave him the usual caution. He said, "I will go now." When we were about a quarter of mile from Ennis, he said while in the car, "Gold help me, no matter how it goes." I brought him to the police barrack and searched him. I took the bundle out of his breast pocket and found that it contained powder. In his side pocket I found two packages of shot, one in a canvas bag and the other in blue paper. I also found on him a pair of socks and a prayerbook. I asked him where he got the powder and shot, and he said his brother Charley put them into his pocket about two years ago, when Captain M'Ternan took the gun from him. When I arrested him at Bearfield he was slightly under the influence of drink. I gave three charges of the shot which I took from him to the inspector.

John Keeran deposed that about twenty minutes past four o'clock on the day in question he went into Hassett's public house at Bearfield, and met the prisoner and some other men there. They were drinking for about half an hour, and they scattered when Constable Doyle came.

Patrick Griffen deposed that on that Sunday, after Mass, he saw the prisoner near Hassett's public house. Saw him again drinking in Hassett's at near five o'clock.

Dr. William Cullinane, examined by Mr. O'Brien - I reside in Ennis. I went out to Doloughtly on the day he was shot. I found that he had shot marks in every part of his face, and was covered with blood, and apparently insensible. There were a number of marks on the upper part of his forehead and about his cheekbones, and I should say that he was shot from the direct front. I had him removed to his house, which was about three hundred yards off, and applied hot jars to his feet. I remained with him until about six o'clock. I saw him again at nine o'clock next morning, again at noonday, and again at nine at night. He was on all these occasions insensible. On a post mortem examination I found death had resulted from gun-shot wounds. I found a numbers of grains of shot flattened against the bone of the forehead, and some embedded in the bone. A number of grains had passed through the eyeballs and lodged behind the orbit, and I found one grain in the substance of the brain. There were also grains embedded in the cheek bone.

Cross-examined by The MacDermott - As a medical man don't you consider that a person receiving such injuries as you have described would have had his faculties greatly impaired? Yes, necessarily.

And did you come to the conclusion as a medical man whether he could or could not speak intelligently? I formed the opinion from my observation of him, from the time I came, that he could not speak. I arrived, I should say, about twenty minutes after Captain M'Ternan, who was still there when I drove up.

From what you think Doloughty had intelligence to answer questions intelligently? I could arrive at no opinion on that subject - I have no materials.

Mr. O'Brien - And for all your opinion he might have been able to express himself? Yes: having a grain of shot in his brain would not necessarily deprive him of speech or intelligence. On Monday about midday I was under the impression that he made an effort to speak; but he was too far gone then.

This closed the case for the Crown.

The Freeman's Journal, Dublin, 12 August 1882
After reading the detailed Freeman's Journal article I disagree with opening paragraph of "Outrage at Drumdoolaghty: the Francie Hynes Affair". I'd say the evidence that convicted Francis Hynes of murder was the declarations (without any quotation marks) made by John Doloughty to three individuals (Captain M'Ternan, Mrs. Elizabeth Doloughty, and her son Michael Doloughty) as well as the gun powder found in Francis Hyne's pocket when arrested. Elizabeth Doloughty and the others provided consistent testimony at the initial inquest of July 12th, a special investigation run by Dublin Castle on July 14th and 16th, and at the trial on August 11th. At the special investigation of July 16th, but not at the trial, the Reverend James Loughnane, C.C., Clare Castle, testified that after providing John Doloughty the last rites and a little whiskey and water he would regain consciousness:
The Rev James Loughnane being examined by Mr. Cullinan...

When you arrived first was he in a position to speak to you? No, he appeared unconscious.

Did you then from time to time give him a little whiskey and water? Yes, Dr Daxon left some with me and proceeded to Ennis to report the matter to the police, having asked me to remain until the police would come. After performing my duties to the dying man I remained about the place coming at intervals and giving him a little whiskey and water.

Did that bring him to consciousness? Not at first, but afterwards he swallowed a little. About half an hour after Dr Daxon arrived he stirred and made a movement like an attempt to speak.

Did you go to him then? Yes.

Did he speak to you? I spoke to him and asked him if he knew me. I am not sure whether I mentioned my name, but his wife did so. He made some sound as it trying to speak which I thought meant he knew I was there. I did not understand the sound, but thought it was an assent that he knew me.

The Freeman's Journal, 17 July 1882

Sduddy
Posts: 798
Joined: Sun Sep 26, 2010 10:07 am

Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Sat Aug 24, 2019 9:23 am

Hi Jim,

Yes, the Queen V Hynes is an interesting case; it may be that Francie was guilty of the crime; the discussion is interesting in itself, but doesn’t touch on the bigger picture: Once the Queen of England hanged Francie Hynes, the sympathy was bound to flow to him – it didn’t matter what he’d done, or not done. The ballads were composed to match the mood, not the points of law. That’s what I think anyway.

It was the same with the Phoenix Park trials. The Crimes Act was a response to the Phoenix Park murders (6th May 1882), but, because it took quite some time to arrest the Phoenix Park suspects, it happened that the trial of Francie Hynes was the first murder trial to be conducted under that new Act. The Phoenix Park murders had caused people to be truly shocked and horrified. Parnell offered to resign. Headlines expressed outrage – even the front page of the United Ireland newspaper was edged in black. And at last some 12 people were arrested. But, by the time the prosecution had succeeded in buying enough evidence from six of them in order to convict the other five, and by the time four of those five had been hanged, and by the time it came to the hanging of Tim Kelly (June 1883), the flow of sympathy had begun to come his way. Tim had survived two trials but was convicted on the third attempt on the evidence of the final approver*. No ballads on that occasion, as far as I know, but, once again, the mood had changed.

Evidence can be bought at any time, but in those days it was done openly. *Agreeing to give evidence for the state was called “turning approver”. The main approver at the Phoenix Park trials was James Carey, who had taken part in the actual killing. He was protected in Mountjoy jail for a few weeks after the trials, and then got a makeover and a new name and was sent to South Africa. One Patrick O’Donnell (a Fenian) recognised him there and shot him. Patrick was brought to London and hanged (17 December 1883). There’s a marble plaque erected in Glasnevin for Patrick, and I see that there was a ballad commencing: “Pat O’Donnell is my name, and I come from Donegal”.

Evidence was not very expensive to buy – the promise of passage to one of the colonies, a new name and some money to get settled in was enough, it seems. Arrangements didn’t always go smoothly - three of the approvers were sent to Australia, but the Melbourne authorities refused to take them, so they were repatriated and somehow managed to hide away.

Conspiracy, Irish Political Trials, by Myles Dungan, is my source for much of the information above. That book has a good account of the Maamtrasna trial as well.

Thanks, by the way, for the work you have done on Elmira as a popurlar destination for Clare people. It would be good to find one of the children of Martin and Bid McNamara (apart from Lawrence).

Jim, I was looking for what you had written on the arrest of some men about 1890. They served 10 years and were released about 1900. Do you know which page it's on?

Sheila

Jimbo
Posts: 320
Joined: Mon Aug 26, 2013 9:43 am

Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Jimbo » Wed Aug 28, 2019 8:12 am

Hi Sheila,

James Carey also gets a mention in The Monto. When mentioning their commemoration of Buckshot Forster, I included a link to a 1970 performance by The Dubliners which skipped the below verse:
When Carey told on Skin-the-goat,
O'Donnell caught him on the boat
He wished he'd never been afloat, the dirty skite.
It wasn't very sensible
To tell on the Invincibles
They stuck up for their principles, day and night.
And be going up to Monto, Monto, Monto
Going up to Monto, lan-ge-roo,
To you!
Here The Dubliners include the verse that mentions James Carey (at the 2:00 mark):
https://www.youtube.com/watch?v=nenWwi-4oOY

With regards to the trial of Francis Hynes, the point of my prior posting was not to suggest whether or not he was guilty for the murder of John Doloughty. My point was that to form an opinion on the Francis Hynes case, I would not rely upon "Outrage at Drumdoolaghty: the Francie Hynes Affair" (Other Clare, 2006) as an authoritative source based upon its opening paragraph describing the evidence that was presented at the trial. When researching a topic it is always best to rely upon original sources as much as possible. And for this topic, unless you live in County Clare, it is not only better but far easier to view the on-line digitized copies of The Freeman's Journal from the 1880's than obtain a copy of The Other Clare published in 2006.

The trial of Francis Hynes was in Dublin, and thus it makes the most sense to utilize the Dublin newspaper, The Freeman's Journal, that had the most detailed coverage of the trial. It appears that only County Clare and adjacent Limerick and Nenagh newspapers were used as source material for Francie Hynes Affair article. The Limerick Journal coverage of the trial, used also in the Delahunty Family History, appears especially weak and their summarized version did not even include Mrs. Doloughty's testimony of her husband's declaration to her that "Francie" was the shooter and that he was conscious enough to call her "Liz".

I read the opening paragraph of "Outrage at Drumdoolaghty: the Francie Hynes Affair" as questioning whether John Doloughty ever made a declaration and that the testimony of the Resident Magistrate was suspect. It is interesting that The MacDermot, the defense attorney for Francis Hynes, did not argue whether or not John Doloughty made a declaration to the three witnesses in his opening statement. Only that his declarations should not be used as evidence to convict a man for murder. The MacDermot stated in his opening address to the jury: "The whole case of the Crown depended on the dying declaration of poor Doloughty. Ought any man to be found guilty of murder on such evidence? How could they be certain that what the deceased said amounted to more than a mere expression of a suspicion that had existed in his mind? It was impossible to say whether he had any opportunity of identifying his assailant on which the jury could rely ...".

With regards to whether or not John Doolaghty was unconscious, there is very compelling testimony provided by Father James Loughnane, the curate from Clare Castle. And I was mistaken, Father Loughnane did provide testimony at the trial, and not just at the inquest. He was not one of the witnesses initially called upon to testify at the trial either by the crown or the defense. However, after Father Loughnane was mentioned in the testimony by Captain McTernan, the following day the jury foreman requested his testimony at the trial. He was questioned by both sides much more thoroughly than at the inquest as to regards the "last rites" given John Doloughty. But even Father Loughnane's testimony could be interpreted differently, as was done by the press after the guilty verdict. Was the fact that the priest could not complete the last rites since Doloughty fell into unconsciousness, evidence that any later declaration should be dismissed as evidence? On the other hand, Doloughty was able to initially say a few words of the prayers, such that, his capability to declare later that "Francie" was the shooter to other witnesses doesn't seem all that dubious?

Since in my last posting I provided testimony of several witnesses for the crown, I feel compelled to also provide the complete opening address by The MacDermot as well as defense witnesses. But first, below is The Freeman's Journal coverage from the start of the trial, including the opening address by the Attorney General to the jury and witness testimony of Captain McNernan and several other constables who were at the scene of the crime:

I think for most people after reading two days of testimony, the Francis Hynes case would still be controversial and opinions would vary as to his guilt. But hopefully, there can now at least be more agreement on what evidence was actually presented at the trial.

THE MURDER NEAR ENNIS

Francis Hynes, a respectable young man, son of Mr. James Hynes, solicitor, of Ennis, was placed at the bar on an indictment charging him with having willfully murdered John Doloughty at Knockanane, about three miles from Ennis, in the county of Clare, on the afternoon of Sunday the 9th, of July last. The prisoner pleaded not guilty. His a fine-looking young man, only twenty years of age, and six feet found inches in height.

The Attorney General, M P; Mr. James Murphy, Q C; Mr. Peter O'Brien, Q C; and Mr. Edward Sullivan, (instructed by Mr. Murphy, Crown Solicitor for the county of Clare), prosecuted.

The MacDermott Q C; and Mr. John Roche (instructed by Messrs. Walton, Froste and Ennis), defended the accused.

The following jurors...[list of 12 jurors names, apparently all Protestants, except for one Catholic. The trial lasted two days, Friday and Saturday. The jurors stayed at The Imperial Hotel on Friday night. Several jurors separated themselves and got drunk at the hotel billiard room whilst mixing with members of the general public - definitely grounds for a mistrial if this happened today and the same argument was made in the press after the guilty verdict. One juror in a drunken state behaved boorishly and tried to break into the room of one of the female guests, a Miss Carberry, who was staying on a separate floor. The Delahunty Family History covers this in detail]...

The Attorney-General, in opening the case, said it was one of the character known as agrarian, which would not be heard of but for the demoralised state of the country, which had brought such disgrace and dishonour upon it. The prisoner was one of the sons of Mr. James Hynes, who lived a little distance from Ennis. Mr. James Hynes was tenant of a farm at a place called Drumdoughlaty. In 1878 Mr. Hynes let the grass of that farm for one year from spring to spring to a person named Lynch for £60. At that time the deceased, John Doloughty, was the herd to Mr. Hynes. Lynch took over Doloughty, who served him as loyally as he had served Mr. Hynes [this should probably be: "When Lynch took over, Doloughty served him as loyally as he had served Mr. Hynes"]. In 1879 Lynch again took the grazing of the farm for the same period for £70. In the interval between the May, when that year commenced, and the following October Hynes was evicted. The sheriff drove Lynch's cattle off the farm for the purpose of getting possession of it; but at Hynes' suggestion a settlement was effected, and Lynch was allowed to have the remainder of the year. Hynes never recovered possession of the farm. In April, 1880, Lynch took the farm direct from the landlord as tenant for a year. Doloughty all through remained Lynch's herdsman. He was about 60 years of age and had a wife and seven children. From that time the relations between Lynch and the Hyneses appeared to have been of a disturbed character. The prisoner, who was known as "Francy," seemed to have taken a very active part in those disputes. One night Lynch's meadow was cut and carried away, and, simultaneously a similar quantity of grass was found on an adjoining farm of the Hyneses. Lynch's men were stopped from cultivating the farm by the prisoner, who demanded a considerable amount for their good-will of the place. In February, 1881, Lynch's cattle were driven off the place. On the 4th of February in that year the deceased man Doloughty was in so much apprehension from the prisoner that he had had him bound to good behaviour for twelve months. His employer Lynch also provided him with a revolver for his protection. He declined to leave his employer, his sole offense being what used once to be a matter of pride in the country - that he was loyal to the master who employed him. On Sunday, the 9th of July, he was found on a road near Ennis after having been shot by some person. After being discovered he stated to his wife and others that he had been shot by "Francy." The learned counsel entered into other details, which appear in the evidence.

Captain Hugh M'Ternan deposed that he was a resident magistrate at Ennis at the time of the murder. He had known both the deceased and the prisoner, and he knew the latter by the name "Francy." On the 7th February, 1881, they were both present before him. "Francy" Hynes had been arrested on a warrant issued by another magistrate, and on that date he entered into the recognisances produced.

Mr. Murphy read an information of the deceased, upon which the prisoner was bound over. It stated that about four o'clock on the morning of the day after the Parnell meeting at Ennis a party of men came into his house and ordered him not to herd for Lynch, or any man but the former tenant, or that, if he did, they would come again. On that day Lynch brought twenty-three head of cattle to the farm; and after Lynch left, William Hynes, Francis Hynes, Mat Hynes, and another Hynes whose name deponent did not know drove the cattle out on the road, and said they would allow no cattle on the land until there would be a settlement. William Hynes asked deponent was he going to herd the farm, and he said he was. Mathew Hynes said he (deponent) was lingering long enough, and that he would not linger much longer, and he called him a b-------- schemer.

Captain M'Ternan, in continuation, deposed that all the brothers were before him on that occasion, but only the prisoner was bound over. He often saw Doloughty between that date and the 9th of July. Doloughty lived about six hundred yards from where the prisoner lived. On Sunday, the 9th July, witness, accompanied by Sub-inspector Croghan and two constables, went to the place where the deceased was murdered. They found him lying on the side of the road, his wife supporting his head. There were some other women and some men near, and also the Rev. Father O'Loghlin. The latter went away a short distance when witness came up. I stooped down on my knees, the witness continued, over deceased and said, "Doloughty, do you believe you are dying?" He said, "Oh, yes." (The witness imitated the tone in which the deceased spoke.) I asked him who shot him.

The MacDermot objected, and submitted that before anything that the deceased said in reply could be allowed to go to the jury, circumstances should be proved to show that he possessed consciousness.

Mr. Justice Lawson - I never heard of such a mode of conducting a case. I will receive the evidence in the usual way.

Witness - I asked him who shot him, and he said in the same voice "Fancy Hynes." I said, "You say Francy Hynes shot you," and he aid in the same voice "Yes." I went to the schoolhouse, where I got a pen and ink and paper. I wrote down what he had said, and asked him did he declare that it was true, and he said "Yes."

Did he appear to you to be perfectly conscious? Yes.

The witness produced the paper, and was about reading it, but

The MacDermot submitted that it was not signed by the deceased it could not be received as a dying declaration. It could only be used by the witness to refresh his memory.

The witness was asked what the deceased said, and, using the paper to refresh his memory, said - "I, John Doloughty, believe that I am now dying and declare that Francis Hynes killed me by firing a shot at me." I asked him was that true, and he said "Yes." In consequence of something that was said I searched deceased's pockets and found a revolver which was not loaded. Afterwards the deceased grew worse, and was removed to his house.

Cross-examined by The MacDermot - Did he speak distinctly or indistinctly? He spoke perfectly, so that I could understand him - so distinctly that I heard him perfectly.

Did he speak distinctly? He did not speak as distinctly as if he had not been injured.

Having regard to the injuries he had received, do you think that his palate was impaired? I do not. He answered me perfectly distinct.

Did he lose consciousness before you left? As soon as I had done my business ---

For Goodness' sake give me an answer? I don't know, really. He was groaning and suffering as if in great pain.

The witness was asked what occurred about the revolver, and said that someone said "I wonder has he a revolver?" His wife said, "he generally carried a revolver in his pocket", and then deceased said "Yes." Thereupon witness searched his pocket for the revolver and found it.

Sub-inspector Croghan deposed that he and the constables and Captain M'Ternan found the deceased on the road at about a quarter past four o'clock. After witness came up the deceased got some whiskey and water in a tumbler from his wife. That was before Capt M'Ternan did anything. His head had been previously lifted up. Then Captain M'Ternan went on his knees over him, and witness knelt down over him also. Captain M'Ternan in a loud voice asked him if he knew he was dying, and deceased said "Yes." He spoke very huskily. Captain M'Ternan asked him who shot him, and he said "Francy." Captain M'Ternan asked him what Francy, and he said "Francy Hynes." Captain M'Ternan said, "You say that Francy Hynes shot you," and the deceased said "Yes." Then Captain M'Ternan went to the schoolhouse for the paper and pen. Witness received some shot from Dr. Cullinane (produced). He also got some shot from Constable Doyle. He compared them, and believe them to be of the same size.

Cross-examined by Mr. Roche - It was No 8 shot. The dying man did not speak distinctly, but he understood him to say "Yes."

Head-Constable Stokes, in reply to the Attorney-General, deposed that he was present while Captain M'Ternan was interrogating the deceased, and heard what passed. Deceased spoke like a ventriloquist. What he said could not be heard very far off, but witness heard him distinctly.

Did he appear to you to understand the questions that were put to him?

The MacDermot objected. The witness was not an expert.

Mr. Justice Lawson - There is nothing as to an expert about it. The question may be answered.

Witness - He did, and on the strength of it I went to arrest "Francy" Hynes. I went direct to his house, but did not find him there.

Cross-examined by The MacDermot - I heard the "yes" distinctly, but it was in a guttural tone.

Elizabeth Doloughty, wife of the deceased,.... [see prior posting for her and other crown witnesses]....

The Freeman's Journal, Dublin, 12 August 1882

Day 1 of the Trial of Francis Hynes to be continued...

Sduddy
Posts: 798
Joined: Sun Sep 26, 2010 10:07 am

Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Sduddy » Wed Aug 28, 2019 6:16 pm

Hi Jim

Thank you for the account of the trial according to The Freeman’s Journal – even though the subject-matter is so grim. I know, indeed, that you were not suggesting whether Francie was guilty or not. And I was not answering you, but just making a point of my own, mainly in relation to the composition of ballads and what inspired them. Thanks by the way for pointing out that the Invincilbles are mentioned in The Monto. All I’d found was a ballad sung by Frank Harte, and I couldn’t find the name of it.

I’m finding the account of the trial interesting and wonder if the inquest, which preceded it, was reported in the Freeman’s Journal too. Philomena Butler refers to a report on the inquest carried by The Clare Journal on 13 July 1882, but doesn’t give the date of the inquest. She says,
The first to give evidence at the inquest was the victim’s wife, Elizabeth. She stated that when she arrived at her husband’s side, Dr. Daxon and Mr. and Mrs. John Lynch were present. She said that though she could not understand what her husband was saying, she was nevertheless quite ‘clear’ that he said that ‘Francie’ had shot him.
Dr. Daxon testified that, on the contrary, John was unconscious and unable to speak prior to the arrival of the police: Michael Considine, the victualler from Ennis, confirmed Dr. Daxon’s testimony. Dr. William Cullinan and Dr. Ryan who performed the post-mortem also testified. Dr. Cullinan said that he had been with the victim from half past four to a quarter past six and again at nine o’clock on the Monday before the time of death at a quarter past ten that night and that from ‘the time he first saw Doolaghty till he died he was unconscious and unable to speak intelligibly.
Now Jim, here is a coincidence. Just this June (2019) a booklet entitled, A Clare Land War Incident, by Catherine Delahunty, was published, and I didn’t know about it until the other day: https://www.heritageweek.ie/whats-on/ev ... r-incident. Here are a few words from the introduction:
In 1995 The Delahunty Family History from Ennis, County Clare, to Dunedin, New Zealand was published.
Through the following decades the increasing use of the internet as a means of communication and information–gathering has played a vital role in our family history.
This update consequently provides further details pertaining to Our Family and complements the 1995 history.
We hope this essay including the few small anecdotes handed down from earlier generations of our New Zealand family, is viewed as an objective, non-judgemental and unbiased account of our history.
Reading it, what cames across to me is that Catherine is not much interested in the trial in 1882 and all of that – she seems much more interested in conciliation and making contact with people and she has done a lot of work in order to find the various branches of the family – now scattered all over the world. The booklet has lots of pictures, including a nice one of Toureen house, restored to its original glory by the MacNamara family.

I’ve been reading a bit more on the Maamtrasna trial, which followed the trial of Francie Hynes. Maamtrasna is in Co. Galway, so the trial may not be of much interest to Clare people, but it was a bit of an eye-opener for me. The trial is now generally accepted is a mis-trial. People accept that a great wrong that was done to those people, who spoke Irish only, by conducting the trial using an interpreter who had only some Irish. But I was struck by how hopeless their defence team was. Some of the evidence given by the boy who survived, i.e. that the men had blackened faces and wore bawneen jackets, was completely ignored by the defence, who never questioned the evidence given by the ‘witnesses’ that the men wore dark clothes. But then I read Timothy Harrington’s The Maamtrasna massacre: impeachment of the trials: https://archive.org/details/maamtrasnam ... rr/page/n3, and I found that he discovered, by making close comparisons, that if any evidence in someone's original statement (to the police) was not in agreement with the prosecution case, a new statement was drawn up and worded in such a way that the person who had made the statement would never notice the difference*. So that probably explains why the defence was so bad. Altogether very depressing!

Sheila

*there’s a good example on page 19:
In the deposition which this man made when closeted with Mr. George Bolton on the 9th November, and for the first time brought to light in the Under-Secretary’s memorandum, the following passage occurs:
”When we (Thomas Casey and himself) crossed the river some distance at Cappanacreha we saw three men coming down the field. After some time these men came on to the road where we were. They are Myles Joyce, Patrick Joyce, and Patrick’s son Tom; but I did not know him at the time. We walked on towards Casey’s. When we were near Casey’s house Martin Joyce came to us”
Now this was evidently an inconvenient way to lay the plot. Meeting Martin Joyce when coming near Michael Casey’s house would only bring five men past the house of Anthony Joyce, and virtuous Anthony had sworn to six. Accordingly we have it on the testimony of Sir R. G. C. Hamilton, Under Secretary, that Mr. George Bolton is at the jail again next morning, and Mr. Philbin and himself sit down to another deposition, the corresponding passage of which is made to run thus:-
“After we crossed the river at Cappanacreha we saw three men coming down to us. They joined us after some time. They were Myles Joyce, Patrick Joyce, of Cappanacreha, and his son Tom. We walked on some distance towards Derry, and after some distance Martin Joyce came down through the fields, and we all went together to the house of one of the Caseys of Derry”
The alteration is slight, but the improvement is great, and few can fail to appreciate the nice distinction between the phrases “when getting near Casey’s house”, and “after some distance”. One is definite and dangerous in cross-examination. The other is beautifully indefinite. As to cross-examination, however, “assurance was made doubly sure” by giving neither of these depositions into the hands of the defending counsel.

Jimbo
Posts: 320
Joined: Mon Aug 26, 2013 9:43 am

Re: Information is wanted of Thomas McNamara, of Glandree,

Post by Jimbo » Sat Aug 31, 2019 2:07 am

Hi Sheila,

Good work! I knew there would be McNamara connection to this story if we looked hard enough. And in researching Toureen House you even found a Thomas McNamara.

I find the trial of Francis Hynes most interesting. Especially since there was never a trial for the murder of Michael Moroney of Leighort. Both Catherine Moroney of Leighort and Elizabeth Doloughty of Drumdoloughty would both receive large amounts of compensation under the Crimes Act, but their two cases are very different and interesting to compare.

Yes, the Freeman's Journal provided coverage of both the initial inquest and special investigation. And just as at the trial, their coverage is superior to the Limerick Chronicle coverage (see Delahunty Family History). What I like about the Freeman's Journal is that it provides both the question and answer separately for the witness testimony. The reporters at the Limerick Chronicle summarize the questions and witness testimony, and appear not to have discovered the paragraph. I read recently somewhere that Charles Stuart Parnell insisted upon a certain journalist from The Freeman's Journal to do the newspaper reporting at his own trials. Unfortunately, I don't remember where I read this. And I don't remember the reporter's name. Anyways, Parnell was very impressed with both the fairness and shorthand skill (but this wasn't the term used) of this reporter at the Freeman's Journal. Prior to tape recorders it must have been quite difficult to capture court reporting accurately and this is reflected in the varying quality of the newspaper coverage.

With regards to your further quotes from "The Francie Hynes Affair" article from The Other Clare. How could Dr. Dixon have been in a position to state whether or not John Doloughty could speak for the entire period prior to the arrival of Captain McTernan at 4:15 pm? From the time of Dr. Dixon's arrival upon the crime scene at about 3:20 pm, he would spend the majority of his time traveling: first to Father Scanlon's house to get a priest (20 minutes), and then to Ennis police barracks to notify the police (about 15 minutes to Ennis), and I don't believe he returned to the crime scene. Dr. Dixon was not there when John Doloughty, after being given whiskey and water, was revived enough to say a few words when Father Loughnane attempted to give the last rites.

Michael Considine, the victualler from Ennis, stated that "he did not hear" John Doloughty make a "Francy" declaration to Mrs. Doloughty, which is quite different from the much stronger statement by Dr. Dixon that John Doloughty could not speak. At the special investigation (not the inquest), Michael Considine would be reprimanded by the judge for not going immediately to Ennis to notify the police, at the same time as when Dr. Dixon left to get the priest. Instead Considine took a roundabout way to Ennis since he did not want to pass the blood of the dying man (odd for a butcher, perhaps a superstition?) and then casually had his dinner in Ennis, before (I think) heading to the police. This is confusing, since Dr. Dixon definitely went to inform the police in Ennis after dropping off Dr. Loughnane. Anyways, Michael Considine wasn't really at the scene of the crime for that long of a period of time to matter much.

Dr. Cullinan arrived upon the scene about 4:35 pm, 20 minutes after Captain McTernan. By that time, all witnesses stated that John Doloughty was not conscious. The "Francy" declaration to Captain McTernan would have been soon after 4:15 pm.

Sheila, by any chance, does The Francie Hynes Affair article mention a letter printed in the Freeman's Journal of 7 September 1882, and perhaps other newspapers, just days prior to the execution, from an anonymous source stating that he was the true shooter and Francis Hynes was innocent? This letter has zero credibility.

Below is the Freeman's Journal account of the inquest on 12 July 1882. Sheila, I reckon you might be related to one of the sixteen jurors at the inquest. When deciding upon a verdict, several of the jurors said to the coroner "there was no evidence..." which sounds exactly like something you would say.

And here is a map from the Franciscan Friary Church in Ennis to Knockanean National School, about 4.5 kilometers. This distance would take about 55 minutes to walk according to google maps as well as the testimony of Mrs. Doloughty.

Ennis Franciscan Friary Church to Knockaneane School per google maps.jpg
Ennis Franciscan Friary Church to Knockaneane School per google maps.jpg (94.42 KiB) Viewed 950 times
THE MURDER IN CLARE
(SPECIAL TELEGRAM FROM OUR CORRESPONDENT.)
Ennis, Wednesday Night.

The inquest on the body of John Doloughty, who was shot while returning from Mass on Sunday, was opened to-day at his residence, Drumdoloughty, at eleven o'clock, before Mr. John Frost, coroner, of Sixmilebridge. The following jury was sworn:

James Hayes, foreman; Denis Culligan, Daniel Tuohy, William Shank, Patrick Garvey, Patrick Moloney, James Cronin, Thomas Moran, John Reddan, Patrick Hickey, Thomas O'Halloran, James O'Brien, Francis M'Mahon, Patrick Meehan, Martin Lennan, and James Flanagan.

Having viewed the body, the jury, with the professional gentlemen, proceeded to Knockaneane Schoolhouse, a few hundred yards distant, where the examination of the witnesses took place.

Mr. John Cullinan, Sessional Crown Solicitor, was present on behalf of the Crown. Mr. George Walton, solicitor, represented the prisoner; while Sub-inspector Croughan and Head Constable Stokes watched the proceedings on behalf of the police, Captain M'Ternan, R M, being also present.

Elizabeth Doloughty, widow of the deceased, examined by Mr. Cullinan - Do you remember being with your husband in Ennis on Sunday last, the 9th of July? Yes.

Did you and he leave Ennis together? No; he left before me.

What hour was it when he left? After 12 o'clock Mass at the Friary, about one o'clock [at the special investigation she admits that she doesn't really know since they separated; John Doloughty must have left after Cornelius McCormack who lingered after Mass and he overtook on the road].

When did you leave Ennis yourself? Between two and three o'clock [2:30 pm in later testimony]

Where did you find you husband? On the road near Knockaneane Schoolhouse. Dr. Dixon was standing near him.

Was he wounded then? Yes.

Did you speak to him? I asked him what happened him, and he muttered "Francy". Dr. Dixon went for the priest, and returned with Father Loughnane, who asked my husband what happened him, and I understood him to say "Francy."

Did you see Captain M'Ternan? Yes, and in answer to him my husband again said "Francy."

The Coroner - Do you remember him saying anything else to Captain M'Ternan? He asked my husband was he going to die, but I can't say what answer he gave. He was then brought home.

How soon after did he die? About a quarter past ten o'clock the following night.

Cornelius M'Cormack deposed - I met the deceased about two o'clock at Koslevan Cross [Roslevan, same as townland], about a mile from home. He was well and in good health when I met him. I accompanied him to Gorris Cross [Gaurus, same as townland].

The Coroner - How far is Gorris Cross to the schoolhouse? About half a mile. When I parted him at Gorris Cross he was alone.

Did you meet anyone? Yes; a woman named Mrs. O'Dea passed with a donkey and car near Newpark gate.

Dr. Dixon, Medical Superintendent of the District Lunatic Asylum, deposed that he was out driving on Sunday last by Knockaneane, and that he observed a man on the road near the schoolhouse. He got off his car, and examined him to ascertain what was wrong. He found his face very much bruised and covered with blood. Michael Considine and another man came up immediately after. The deceased was very badly injured. Mr. Considine and the other man helped witness to carry deceased to the side of the road when his wife arrived, and said would nobody go for the priest. Witness told her to get some water and wash his face clean, and then drove to Father Scanlan's house as fast as he could. He met Father Loughnane and brought him back. He got some whiskey at Father Scanlan's house, which on his return he mixed with water and gave to the wounded man. Deceased swallowed a little of it. I next drove to Ennis and reported the matter to the police.

In reply to a juror, Dr. Dixon said he asked the deceased what happened him, but got no answer, and thought he was unable to speak. Twenty minutes elapsed between the time I left for the priest and my return.

Michael Considine deposed that he was at Cullane on Sunday. He met an old woman who told him there was a man bleeding on the road.

The Coroner - How far from the place where the man lay did you meet the woman? About four hundred yards. I then proceeded to where the wounded man was.

Did you ask the man what happened? No. But I heard Dr. Dixon ask him.

What answer did he make to Dr. Dixon? None.

By a Juror - Did his wife ask any question in your presence? I did not hear her.

Dr. William Cullinan deposed that he made a post mortem examination, assisted by Dr. Rynne. The deceased had a number of shot marks on the face and about the upper part of the head, principally about the eyes. He extracted a number of grains of shot which he handed to the sub-inspector in a box. Some were flattened. Some passed through the eyeballs, and were found near the bone of the brain through the left eyeball. Those wounds were sufficient to cause death.

The Coroner - If the injuries were confined to his eyes alone, would they cause his death? Not immediately, but ultimately they might.

You attended the man on the day he was shot? Yes.

At what hour? Between half-past four and five. He was then on the road.

Why was he not taken home? My opinion is there was no one there to carry him.

Did you speak to him? Yes, but I got no response.

Did you see him again? Yes, but he appeared unconscious. From the time I first saw him he never spoke, except once, when he made an attempt, but said nothing intelligible.

What kind of shot did you find? I think it is number 8.

By a Juror - Had he any other injuries? He appeared to have received more shot on the left side.

With regards to the wounds on the face, do you think he must have been shot from the front? Yes.

Mr. Cullinan - That being so, do you think he could have recognized the person who shot him? Dr. Cullinan was understood to answer in the affirmative.

Dr. John Rynne deposed that he assisted Dr. Cullinan at the post mortem examination and heard his testimony, with which he agreed.

This closed the evidence.

The Coroner, addressing the jury, said he was glad he had such an intelligent jury on the case, and thought they would have no difficulty in finding a verdict. Here was a poor man coming from Mass within two miles of the capital town of Clare shot down on the road. He did not know any other country where it would occur. It was deplorable to find that in their country such should take place. Their duty would be to state how, when, and by what means he came to his death. He could not conclude without complimenting Dr. Dixon on the prompt action taken by him in procuring the necessary assistance for the wounded man.

The jury, after a short deliberation, found the following verdict -
"We find that the deceased John Doloughty met with his death from gunshot wounds inflicted by some person or persons unknown on the 9th July, 1882."

The Coroner said he thought it should be "maliciously inflicted," whereupon several of the jurors said there was no evidence of malice produced.

The Coroner - Surely, gentlemen, you don't think it was through love any person committed the deed. I will take the verdict, but I do not agree with you; but I admit that some questions that might have been put were not.

The verdict was subsequently altered to the following form - "We find that deceased John Doloughty, of Drumdoloughty, came to his death from certain wounds inflicted on him on Sunday, the 9th day of July, 1882, and we find that said wounds were inflicted on him by some person or persons unknown to the jury."

The proceedings then terminated.

The Freeman's Journal, Dublin, 13 July 1882
The confusing testimony regarding comings and goings stated at the inquest, special investigation, and trial by multiple witnesses demanded a timeline. Few of the witnesses would have had a watch to know the precise time, and often they appear to have provided the time at the hour. The exact times are hard to say. Mrs. Doloughty left Ennis at 2:30 pm and appears to have made it to Knockanean School by 3:30 pm - approximately the google map estimated walking time. Her husband John Doloughty may have walked at a faster pace.

12:00; John Doloughty and Mrs. Doloughty attend Noon Mass at the Franciscan Friary Church in Ennis.

13:40 ish; John Doloughty leaves Ennis for home on foot. His wife would remain in Ennis, and they separated right after Mass. John Doloughty must have left Ennis after Cornelius McCormack who he overtakes at Rosslevan Cross at about 14:00.

14:00 ish; Cornelius McCormack is overtaken at Rosslevan Cross by John Doloughty and then accompanies him to Gaurus Cross. McCormack had also gone to the last Mass at the Franciscan Friary Church where he lingered a bit (probably left about 5 minutes prior to John Doloughty). At Gaurus Cross, Doloughty travels alone towards Knockanean School and his home at Drumdoloughty; McCormack travels south to his home at Gaurus.

14:20 ish; Estimated shooting of John Doloughty very close to Knockanean National School (timing based upon looking at the distance between Rosslevan Cross and Knockanean School). The judge in his instructions to jurors, would state that "all the evidence seemed to fix the hour of the murder at a little after two o'clock." (The Freeman's Journal, 14 August 1882)

14:30; Mrs. Elizabeth Doloughty leaves Ennis for home on foot. Perhaps her son Michael accompanied her, but his movements prior to arriving at the crime scene are not stated.

??:??; An old woman is the first to come upon John Doloughty and notifies Michael Considine of the injured man on the road. He is about 400 yards away. Her identity is never determined.

15:20; Dr. Dixon, traveling by horse & buggy ("car"), from direction of Ennis, discovers an injured and bleeding John Doloughty lying on road very close to Knockanean School. Michael Considine, also traveling by horse & buggy, from the opposite direction, as well as another man [John Neylan, a local farmer, identified at special investigation] arrive soon after. They carry John Doloughty to the side of the road.

15.25 ish; Mrs. Doloughty arrives at scene of crime; requests that somebody go for a priest. She also states that her husband declared "Francy" as the shooter; but Dr Dixon states that Mr. Doloughty could not speak. Her son, Michael Doloughty, also states that his father declared "Francy" as the shooter. Dr. Dixon leaves for Father Scanlan's house by car; he is gone for 20 minutes. Michael Considine leaves at the same time (according to special investigation testimony).

15:45; Dr. Dixon returns with Father Loughnane; mixes whiskey with water and instructs Father Loughnane to give to John Doloughty.

15:50; Dr. Dixon leaves for Ennis to inform police and arrives 15 minutes later at the police barracks. He must have taken Michael Doloughty who testified that he went to Ennis police barracks where he "gave information" (most surely, that Francis Hynes was the shooter). Michael returned with Captain McTernan.

15:55 ish; Father Loughnane provides John Doloughty with whiskey and water to revive him.

16:00; John Doloughty regains consciousness (20 minutes prior to arrival of Captain McTernan). Father Loughnane attempts to give John Doloughty the last rites, but he is only able to repeat a few of the required prayers and they both give up.

16:20; Captain McTernan, with Michael Doloughty, as well as Sub-inspector Croghan, and two constables (Head-Constable Stokes and another constable, whose identity is not 100% clear) arrive at scene. Testimony does not state whether Dr. Dixon returns to crime scene or not; unlikely, and perhaps why Michael Doloughty returned with Captain McTernan. Father Loughnane steps away from John Doloughty. Captain McTernan interviews John Doloughty and obtains his declaration that "Francy" was the shooter before he goes into unconsciousness. Mrs. Doloughty, Croghan, and Stokes are witnesses to this declaration.

16.35; Dr. Cullinan arrives (20 minutes after Captain McTernan). It is agreed by all testimony that John Doloughty has lost consciousness by this time.

17:15; Francis Hynes is arrested at Hassett's Public House at Barefield by constable Richard Doyle.

There was confusing testimony regarding the movements of Constable Richard Doyle on the 9th of July. Was he at the crime scene at Knockanean or not?

Yes. Sub-inspector Croghan stated that at the crime scene he "received some shot from Dr. Cullinane (produced). He also got some shot from Constable Doyle". There is no other mention of Constable Doyle at the crime scene.

No. Constable Richard Doyle testified at the trial "about twenty minutes past four o'clock on the Sunday in question I heard of Doloughty having been shot and went from my lodgings in Ennis to the police barrack and set the police in motion. I then drove out to a place called Bearfield." Under this scenario, Doyle never went to the crime scene and didn't hear the "Francy" declaration made to Captain McTernan. But was this necessary? Surely, Michael Doloughty when notifying the police at Ennis would have stated that Francis Hynes had shot his father.

The Limerick Chronicle reported Doyle's testimony at the special investigation of July 18th as follows:
Constable Richard Doyle deposed that he arrested the prisoner Francis Hynes about a quarter or twenty minutes past five o’clock on the evening on the 9 instant at Barefield. He visited the place where Doolaghty was shot after which he went across the fields to Barefield and arrested Hynes. It took him something about thirty minutes to go there. He took the direct route he knew of.

Limerick Chronicle, 18 July 1882
The Limerick Chronicle reporting is incredibly poor as all Doyle's actions appear to have been on the day of the shooting, July 9th. However, it was the morning of the special investigation on July 18th, that Constable Doyle decided to test how long it would take to walk/run from the crime scene to Barefield (where he had arrested the prisoner on the 9th), as correctly reported in The Freeman's Journal:
Constable Richard Doyle deposed - I arrested Mr. Hynes. I walked this morning from where Doloughty was shot [Knockanean] to Barefield, where I arrested the prisoner. Went part of the way through the fields and part by the road. It took me thirty minutes.

By the Court - Did you walk or run? I ran part of the way and walked the remainder.

Was that the most direct way from where Doloughty was shot to where you arrested the prisoner? Yes, to the best of my knowledge; but I think that a man knowing the country could go a more direct way.

The Freeman's Journal, Dublin, 19 July 1882
I reckon that Constable Doyle, consistent with my reading of his trial testimony, was never at the crime scene on the day of the shooting on July 9th. When the police were informed by Dr. Dixon of the shooting soon after 4 pm, Michael Doloughty, who accompanied him, would have surely stated that it was Francis Hynes who shot his father. The police did not require the "Francy" declaration made by John Doloughty to Captain McTernan at about 4:20 pm. Constables had already started the search for Francis Hynes and left Ennis police barracks directly to Barefield.

Under either scenario of Constable Doyle's movements on the day of the shooting, it is curious how the constables would know to go to Barefield to arrest Francis Hynes. The defense testimony might provide a few clues to resolve this mystery.

If I had been The MacDermott defending Francis Hynes, I would have liked an answer to a few more questions. Perhaps none of which would have led to a Perry Mason moment, but would have been good to know:

(1) Michael Doloughty: who he spoke to at the police barracks and what did he say?
(2) Captain McTernan: if he was already made aware that Francis Hynes was the prime suspect prior to his arrival at the crime scene?
(3) Constable Doyle: to be more specific on his movements, who ordered him to go to Barefield and when? And how did he know Francis Hynes was at Barefield?

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