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 (94.42 KiB) Viewed 29026 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?