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

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