i 
 
 4j 
 
THE MUNSTER CIRCUIT. 
 
 
 TALES, TRIALS, AND TRADITIONS. 
 
 J. R. O'FLANAGAN, 
 
 BARRISTEE-AT-LAW, AUTHOR OP " THE IRISH BAR," " LIVES OP THE LORD 
 
 CHANCELLORS OF IRELAND," ETC. 
 
 ** Tales of war for lordly knight, 
 Tales of love for lady bright ; 
 Trials of Witch to please the heir. 
 Trials of blood the maids to scare.'* 
 
 SAMPSON LOW, MARSTON, SEARLE, & RIVINGTON, 
 
 CROWN BUILDINGS, 188, FLEET STREET. 
 
 BY 
 
 1880. 
 
 \All rights reserved^ 
 
LONDON 
 
 GILBERT AND EIYINGTON, PEINTEES, 
 ST. JOHN'S SQUARE. 
 
03 
 
 TO THE FATHER 
 AND MEMBERS OF THE MUNSTER BAR, 
 
 WHO WORTHILY MAINTAIN THE RENOWN 
 
 I OF THE MUNSTER CIRCUIT, 
 
 C9 ^\% aSorh u febrtateb 
 
 BY THEIR FORMER BROTHER, 
 
 THE AUTHOR. 
 
 1632 
 
PREFACE. 
 
 A LEARNED and distinguished friend, thoroughly con- 
 versant with legal subjects, a barrister and LL.D., 
 wrote to me thus : — 
 
 We have a fair supply of forensic speeches, bio- 
 graphy, and law, but scarcely any forensic literature. 
 I hope you will continue to work the mine, which is a 
 rich one/^ 
 
 As my " Irish Bar has reached the second edition 
 within six months from its first publication, and many 
 regretted it was not enlarged, it has occurred to 
 me to bring out, as a companion to this work, one 
 entitled ^^The Munster Circuit/^ Accordingly, I 
 have prepared this present volume, containing trials 
 of general interest, both civil and criminal, sketches 
 of circuit towns, notices of Judges of Assize, and 
 eminent Members of the Circuit, tales and traditions 
 of the district, affording information and amusement, 
 not merely for the professional, but for the general 
 public. 
 
 The compilation of this work has shown me how 
 
vi 
 
 Preface. 
 
 every successive age presents much the same mixture 
 of good and bad characters. That vice crops up 
 where one would expect virtues to flourish, and that 
 no rank, however noble or highly educated, is exempt 
 from the outburst of passions which cause the perpe- 
 tration of crime : — how the discovery of criminals is 
 a proof of the mysterious wisdom of Providence. 
 Many of the trials are as full of startling incidents 
 as the most sensational work of fiction, often more 
 so. 
 
 An article in the ^^Law Magazine and Law Ke- 
 view for August, 1 858, oflfered me some valuable 
 suggestions for this work. I read, — 
 
 If our grave reporters of law cases would adopt 
 a course intermediate between the loose, hurried, and 
 inaccurate reports of the newspaper, and the very 
 grave, and very dry professional reports, and with as 
 much practical living interest as the case admits of, 
 our people would welcome their work, and read them 
 with quite as much interest as they do parliamentary 
 and other reports. 
 
 It would not be without great benefit to the 
 public, to the legislator, to the administrator, and to 
 the profession, if the rich illustrations of actual life 
 to be found in the reported cases, were stated in a 
 popular manner, with some annotations, indicating 
 where litigation springs, how much is due to the 
 natural and inevitable play of human passions, to the 
 neglect of the commonest rules of prudence, to the 
 
Preface, 
 
 vii 
 
 pedantic and unnatural adherence to teclinical rules 
 belonging to a bygone period^ to the carelessness of 
 legislation, and the errors that arise from reference to 
 carelessly written books/^ 
 
 Now^ without going so systematically to work as 
 the writer here recommends, I have, to a considei;^ble 
 extent, adopted his suggestions. In my selection of 
 trials and traditions — especially the trials — I have 
 endeavoured to give living interest to the scenes which 
 are described bv the witnesses. I have selected, not 
 so much leading cases illustrating legal principles, as 
 ordinary transactions, exemplifying the conduct of men 
 in their daily lives, — the transactions of all ranks, high 
 and low, rich and poor. They indicate the object that 
 history should teach, viz. : how — by observing the re- 
 sult of certain rash or criminal acts — to avoid their 
 commission, and thus bear out the truth of the axiom. 
 
 History is Philosophy teaching by example.^^ 
 
 I have endeavoured, in all cases, whether of those 
 wherein the litigants have passed away, or still survive, 
 to do my teaching delicately, and cautiously deducing 
 such inferences as may be useful to others in their 
 future conduct, and proving how impossible it is to 
 avoid often criminal responsibility for deviations from 
 the path of rectitude. 
 
 In selecting the field for my labours, it was natural 
 I should choose that with which 1 was most familiar — 
 the Munster Circuit. This in former, as well as recent 
 times and now, numbered at its Bar men pre-eminent 
 
viii 
 
 Preface, 
 
 in public as well as professional reputation ; and^ when 
 one of these departed this life^ I often thought how 
 important it would be to possess some faithful record 
 of his career. In some earlier papers I noticed the 
 resemblance between the Nisi Prius lawyer and the 
 actor. He is on the stage^ playing his part. Struggling 
 for his client with all the energies of his nature^ his 
 eloquence fills and delights the ear ; his legal argu- 
 ments^ his subtle points, are often adopted by the 
 Bench ; his cases are apposite, and the Court rules with 
 him ; juries, fascinated by his language, and the depth, 
 clearness, and soundness of his arguments, and the 
 ability with which he addresses them, give their 
 yerdict j and the spectator leaves the court, impressed 
 with the notion of the counsels uncommon talents, as 
 he would the theatre, having witnessed the perform- 
 ance of a consummate actor. 
 
 Both ofi* the stage, having left their respective 
 scenes of action, the public lose sight of them. They 
 live only in the society of their family and friends. 
 While the theatrical critic notices the performance of 
 the actor, the characteristics of the barrister are 
 unnoticed, or only remembered by some one present 
 when the hon mot was uttered, or the able argument or 
 brilliant speech dehvered. If not reported in the 
 public journals, there is rarely any trace; and, even in 
 such cases, how transient it is — what we read in the 
 newspaper to-day is effaced by the papers of to- 
 morrow, and thus no permanent record remains. My 
 
Preface, 
 
 ix 
 
 object is^ as far as in me lies^ to prevent this. My 
 researches in Irish Legal History and Legal Biography, 
 when compiling my Lives of the Loed Chancelloes 
 OP Ieeland^ afforded me facilities for the preparation 
 of the present work^ a considerable portion of which 
 appeared in the Dublin Univeesity Magazine from 
 March to October, 1876. I then traced the Histoey 
 OP THE MuNSTEE CiECuiT from the time of Queen 
 Elizabeth to the reign of our Sovereign Lady Queen 
 ViCTOEiA ; but circumstances prevented me making the 
 work as full as I intended, and, having the right of 
 republication, I resolved to bring out the work in a 
 more complete form. This I hope is now done. I 
 trust the members of the legal profession in Ireland, 
 to many of whom I owe great gratitude for their 
 generous recognition of my literary works, will deem 
 this volume worthy that support and distinction which 
 has already been accorded to my former productions. 
 
 J. K. OTlanagan. 
 
 Grange House, Fermoy. 
 
 P.S. — I am indebted to his Grace the Duke of 
 Devonshire for permission to avail myself of the records 
 preserved in the Castle of Lismore, to which his G racers 
 most courteous agent, Mr. Currey, and his son, kindly 
 facilitated my researches. I received much kind aid 
 from the Eev. Canon Hayman, Rector of Douglas, 
 county Cork, and W. J. Fitzpatrick, Esq., J.P., 
 Dublin j great help in my collection of anecdotes of the 
 
X 
 
 Preface, 
 
 Munster Circuit from my esteemed friend, Thomas 
 Eice Henn, Q.0._, Eecorder and County Court Judge 
 of Galway, and his cousin, Richard Griffith, Esq., of 
 Millicent, county Cork, greatgrandson of Lord Chief 
 Baron Walter Hussey Burgh; and Hkewise from a 
 most promising member of the Mulister Bar, whose 
 early death was a cause of grief to a large circle of 
 friends, Thomas Kelly, Esq., nephew of Edmond, first 
 Baron Fermoy. 
 
CONTENTS. 
 
 CHAPTEE I. 
 
 PAGE 
 
 Renown of the Mnnster Circuit. — Munster under tlie Lord 
 President. — Faithful ncder Trials, a Tale of Queen 
 Elizabeth's Reign. — Extent of the Munster Circuit. — 
 Lord Deputy Perrot and Marshal Bagnal. — State of 
 Munster from the Geraldines. — Confiscation. — Spenser 
 and Raleigh. — Spenser at Kilcolman. — Burnt out . 1 
 
 CHAPTER II. 
 
 The White Knight's Yow. — A Tradition of the Desmond 
 Wars. — Sarsfield's Rebellion.— -Refusal to proclaim 
 King James I. in Cork and Waterford . . .22 
 
 CHAPTER III. 
 
 Successive Presidents. — lacidents in the Life of the first 
 Earl of Cork. — Plot and Counter-Plot. — A Disap- 
 pointed Host. — Cromwell's Jests. — Fate of the Regi- 
 cides. — A Charge to a Grand Jury . . . .38 
 
 CHAPTER lY. 
 Trial of Florence Newton for Witchcraft . . . . 51 
 
 CHAPTER Y. 
 
 Jacobite and Williamite Wars.— Sagacity of Sir Richard 
 Cox, Consulting Counsel in 1715. — Convivial Habits 
 
xii 
 
 Contents. 
 
 PAGE 
 
 of the Irish Bar. — Apartments in Hell. — Sir Toby 
 Butler. — Feeing the Solicitor-General. — A Popish 
 Discoverer baffled 64 
 
 CHAPTER YI. 
 
 Sir Constantine Phipp. — Chief Justice Pyne. — A Corrupt 
 Jud^e tricked. — Crimes on the Munster Circuit. — 
 Abduction. — Abduction Clubs. — Case of the Misses 
 Kennedy. — Trial and Conviction of the Culprits. — 
 Sentence on Messrs. Kimberly and Meade. — Point 
 raised by Mr. Kimberly overruled .... 76 
 
 CHAPTER YII. 
 
 Death and Lament for 0' Sullivan Beare. — Cork Barbers. 
 
 — Assizes in 1764 and 1766. — Surviving the Halter . 95 
 
 CHAPTER YIIL 
 
 Success of the Fitz Gibbons at the Bar. — The First Lord 
 Avonmore. — Scott, Earl of Clonmell. — Chief Justice 
 Lord Carleton. — How Mr. O'Brien got possession of 
 Clonamuckoge 101 
 
 CHAPTER IX. 
 
 Progress of John Philpot Curran at the Bar. — His Fee- 
 . Book. — First great Case on the Munster Circuit. — Duel 
 with Captain St. Leger. — Judicial Exposition of 
 Duelling. — Counsel's Readiness to light. — Lord Chan- 
 cellor Clare's Enmity to Curran. — Suicide of Baron 
 Power 119 
 
 CHAPTER X. 
 
 State of Kerry and Cork in 1787. — Breaking out of Prison. 
 —The Rebellion of 1798.— Diary of Wolfe Tone.— Sir 
 Yesyan Pick, Mayor of Cork in 1796 — Henry and 
 John Sheares. — Judge Day. — Tragical Death of Colo- 
 nel FitzGerald.— Fate of the Hon. Miss King . . 132 
 
Contents. xiii 
 CHAPTEE XI. 
 
 PAGE 
 
 Leaders of the Circuit— Mr. Burton.— Mr. Quin.— Mr. 
 Lysaght.— Mr. Keller.— Mr. H. D. Grady. — Mr. 
 Thomas Grady. — Mr. Eichard Pennefather. — Mr. 
 Thomas Goold. — Mr. Waggett, and Sir William Mac- 
 
 Mahon, Bart 149 
 
 CHAPTEE XII. 
 
 Eemarkable Trial of Sir Henry Brown Hayes for Abduc- 
 tion of Miss Pike 162 
 
 CHAPTEE XIII. 
 
 The Murder of Colonel Hutchinson. — Conviction and Exe- 
 cution of the Murderers 177 
 
 CHAPTEE XIY. 
 
 Immorality Eebuked. — Case of the Eev. Charles Massey, 
 
 V. the Marquis of Headfort 184 
 
 CHAPTEE XY. 
 
 Course of the Munster Circuit. — Stage Coaches in the 
 Eighteenth Century. — The Circuit. — Ennis. — Faction 
 Eights. — Banim's Poem. — Anecdote. — Clare Legal 
 Worthies. — Quin Abbey. — Creggan Tower. — Atter- 
 bury Lodge. — Fatal Duels. — Bunratty Castle . . 209 
 
 CHAPTEE XYI. 
 
 Limerick. — A witty waiter. — Latin version of the popular 
 song " Garryowen." — The gardens of sweet Billy 
 Carr. — Chief Baron O'Grady. — Hon. Judge O'Brien. 
 — Eight Hon. Judge Barry. — Harry Deane Grady. — 
 The Cathedral. — How to check a fervid Preacher. — 
 The Bell-founder ■ . .227 
 
xiv 
 
 Contents. 
 
 CHAPTER XVII. 
 
 PAGM 
 
 From Limerick to Tralee.— Tralee. — Anecdotes of O'Con- 
 nell. — Kerry Barristers. — Cork. — Statues in Cork. — 
 Eminent Judges. — Natives of Cork .... 246 
 
 CHAPTER XVIII. 
 
 Trials and Judores of Assizes. — Courts Martial in 1798. — 
 Judge Mayne and Charles Kendal Bushe. — Sir 
 William Cusack Smith. — Judge Fletcher.— Lord 
 Norbury and his brother Judges. — Retorts from the 
 Bar. — Anecdotes. — Able Letter from Sir Arthur Wel- 
 lesley (Duke of Wellington) ..... 256 
 
 CHAPTER XIX. 
 
 Gallant defence of Highfort by Sir John Purcell. — Anec- 
 dotes of him 272 
 
 CHAPTER XX. 
 
 Bruce v. Grady. — Plaintiff and Defendant. — The Nose- 
 gay Trial. — A stage-stinick Exciseman. — O'Connell 
 on Circuit. — Trial of Scanlan for the Murder of the 
 Colleen Bawn 279 
 
 CHAPTER XXI. 
 The tragical Fate of the Franks Family .... 300 
 
 CHAPTER XXII. 
 
 The Doneraile Conspiracy. — Impressive Statement of the 
 Solicitor- General Doherty. — Conviction of the four 
 Men first tried at the Special Commission in 1829 . 307 
 
 CHAPTER XXIII. 
 
 Doneraile Conspiracy continued. — O'Connell defends. the 
 remaining Prisoners. — His encounters with the Solici- 
 tor-General. — End of the Special Commission . . 323 
 
Contents, 
 
 XV 
 
 CHAPTER XXiy. 
 
 PAGE 
 
 Consequences of committing a Barrister. — Case of Mr. 
 Croke of the Irish Bar. — Correspondence between the 
 Magistrates and Lord Chancellor Hart . . . 338 
 
 CHAPTER XXY. 
 Eminent Members of the Munster Bar from 1838 to 1850. 
 — Sergeant Jackson, M.P. — George Bennett, Q.C. — 
 Mr. Collins, Q.C— Mr. Henn, Q.C— His first Brief 
 on the Munster Circuit. — Mr. J. D. Fitzgerald. — Mr. 
 Brereton.— Mr. Otway. — Mr. Isaac Butt. — Mr. Chat- 
 terton.— Mr. Wyndham Goold, M.P 350 
 
 CHAPTER XXYI. 
 
 Judges on Circuit in 1840. — Anecdotes of Judge Ball. 
 — Chief Baron Brady and Judge Burton. — Judge 
 Burton's fondness for the works of Dickens. — For- 
 bearance at Fermoy. — O'Connell declines to meet the 
 Judges at dinner . . . . . . . . 36S 
 
 CHAPTER XXYII. 
 
 Lord Justice Deasy. — His Career at the Bar. — Right Hon. 
 Edward Sullivan, Master of the Rolls. — Progress as 
 Leader at the Circuit. — Returned to Parliament as 
 Member for Mallow in 1865. — Parliamentary Success. 
 — Right Hon. Judge Lawson. — My first Acquaintance 
 in 1843. — His Promotion. — Great Qualities at the Bar 
 and on the Bench 376 
 
 CHAPTER XXYIII. 
 
 Attempts to assassinate an Irish Land Agent. — Galtee 
 Castle. — Increase in Rent. — The Agent fired at. — An 
 iron Barrack. — The Ambuscade. — The Coachman 
 shot. — Arrest, Trial, and Conviction of the Murderer. 
 — Mr. Robinson, Q.C, Judge of Assize. — TheKilfinan 
 Case.— The Youghal Ferry Case . . . .386 
 
xvi 
 
 Contents. 
 
 CHAPTER XXIX. 
 
 Recreations of the Munster Bar. — Father Lyne. — Purcell 
 O'Gorman. — Jolm Anster, LL.D. — Judge Talfonrd. — 
 Literary Members of the Munster Bar.— The Blarney 
 Banquet. — Theatricals in Limerick. — The present 
 State of the Munster Bar 
 
THE MUNSTEE CIRCUIT. 
 
 CHAPTER I. 
 
 Eenown of the Munster Circuit. — Manster under the Lord 
 Presidents. — Faithful under Trials : a Tale of Qneen Eliza- 
 beth's Eeign. — Extent of the Munster Circuit. — Lord 
 Deputy Perrott and Marshal Bagnal. — State of Munster 
 from the Geraldines. — Confiscation. — Spenser and Ealeigh.— - 
 Spenser at Kilcolman. — Burnt out. 
 
 The Munster Cieouit ! What proud memories are 
 associated with, that name ! What splendid eloquence, 
 high courage, intrepid advocacy, skilful pleadings, are 
 connected with its history ! To one born within the 
 province— a member of its Bar — enjoying for many 
 years the friendly intercourse of the distinguished 
 body of practitioners attending each assizes, tracing 
 its history, tales, trials, and traditions will, assuredly, 
 be a labour of love, 
 
 I make no invidious comparisons between the 
 Munster and other circuits ; but my esteemed friend, 
 the late Mr. Daniel Owen Madden, has left in print 
 this estimate of the Munster Bar : — The Munster 
 Bar has always ranked the first in Ireland. Its 
 circuit takes rank, like the Northern in England. 
 
 B 
 
2 
 
 The Mtmster Circuit, 
 
 Many barristers^ without Souttern connexions^, have 
 joined it^ from the opportunities it presents of 
 finding amusement, political connexions, or the 
 means of professional advancement. In Ireland, one 
 has said everything for its favour when he reminds 
 the listener that ^ it was Currants circuit/ 
 
 It is not easy to determine the precise period 
 when Judges of Assize first went the Munster 
 Circuit. We find, from the State Papers, that the 
 Brehon laws were observed in most country districts 
 of Ireland in 1537; but, in the reign of Queen 
 Elizabeth, Munster was placed under the charge of 
 a Lord President, with very ample judicial powers. 
 He had authority to hear and determine all com- 
 plaints throughout the province, as well guildable 
 as belonging to the franchises of corporations, and 
 might send for and punish any officer against whom 
 such complaint was made. The Presidents had com- 
 mission of Oyer and Terminer, as well as of gaol 
 delivery, of the whole province, and might hold 
 their courts when and where they thought proper, 
 with power to execute martial law upon all persons 
 who had not 5/. of fi^eehold, or goods to the value 
 of lOZ., and could prosecute any rebel with fire and 
 sword, and for this purpose might array any number 
 of the Queen^s loyal subjects. They could hear and 
 determine all complaints against magistrates and 
 officers, civil and military, throughout the province of 
 Munster and the crosses and liberties of Tipperary 
 and Kerry, and might punish the offenders at discre- 
 
 ^ ** Eevelations of Ireland," p. 3. 
 
The Munster Circuit, 
 
 3 
 
 tion. They had^ also^ authority to put persons accused 
 of^ high treason tO the torture^ and to reprieve con- 
 demned persons. They were entitled to issue pro- 
 clamations tending to the regulation of the Queen's 
 subjects. 
 
 Besides this very extensive jurisdiction in criminal 
 cases^ I find the President had as much in civil. He 
 coald entertain all suits/ could confer knighthood, and 
 waSj in fact^ a provincial Viceroy^ just as the Lord 
 Lieutenant was for the entire kingdom. 
 
 The Lord President had his sergeant-at-arms^ with 
 his mace and his retinue, or escort, of thirty horse and 
 twenty foot. He had his captain, and guidon, and 
 trumpeter. His court was presided over by a chief 
 justice and second justice. He had his attorney, clerk 
 of the council, clerk of the crown, sergeant-at-arms, 
 and provost-marshal. The cost of the establishment of 
 Lord President of Munster in 1598 was 1951 Z. 16^. 8cZ. 
 — a liberal sum in those days. 
 
 Yet the office does not seem to have been a pleasant 
 one. Sir John Perrott — appointed Lord President at 
 the close of 1570 — had a troublesome time of it, and 
 for his reward incurred the enmity of the fair sex as 
 well as the male. AVriting to Cecil, the Lord Presi- 
 dent of Munster says, Among the rest of my doings 
 here, I have caused all the Irishry in this province to 
 forego their glybbes ; and have waded into a further 
 danger, as in banishing the great rolls from the wear- 
 ing of ladies, gentlewomen, and all others of thes.e 
 parts, by which means I am assured to have no wyfe 
 in these places.''^ 
 
 The ungallant Lord President must have been the 
 
 B 2 
 
4 
 
 The Mtmster Circtdt, 
 
 cold-hearted Saxon our national bard had in his 
 thoughts when he wrote, — 
 
 " And I'll gaze on thy gold hair, as graceful it wreathes, 
 And hang on thy soft harp, as wildly it breathes ; 
 Nor dread that the cold-hearted Saxon will tear 
 One chord from that harp, or one lock from that hair." 
 
 Whether the Deputy, Sir Henry Sidney, thought the 
 Lord President, Sir John Perrott, somewhat deficient 
 in his duties, or of attending to trivial matters — as in 
 the case of the glibbes — I know not; but that high 
 functionary arrived in Cork in 1575, and, according to 
 his own account, lost no time in executing the laws. 
 He says, I caused daily session to be held in the 
 city from the morrow after twelfth day to the last of 
 January, in which appeared very honest and good 
 juries, sound and good trials made by them. A number 
 of civil causes heard and determined, and about twenty- 
 four notable malefactors condemned and executed. 
 Condon attainted and adjudged to die, yet stayed from 
 execution, for, as the word goeth here, his fault was 
 only small.^^ 
 
 Munster at this period was the property of several 
 noble families, chiefly Anglo-Normans, others of Irish 
 descent. The O^Briens ruled over Thomond, which 
 comprised nearly the w^hole of Clare, with portion of 
 Limerick : the puissant house of Ormond, the greater 
 parts of Waterford and Tipperary. The Earl of 
 Desmond had vast estates in the counties of Cork, 
 Limerick, Tipperary, and Waterford. The Earl of 
 Clancarthy ruled over the west of Cork and most of 
 Kerry; while the Lords Barry, Roche, De Courcy, and 
 
The Munsier Ciracit, ^ 5 
 
 Dunboyne were intermarried with the Irish races of 
 MacCarthy, O^Sallivan^ O^Callaghan, MacDonogh^ 
 O^Loghlen, Macnamara, and other Celtic chiefs of 
 the province. 
 
 Sometimes Irish young ladies would refuse to wed 
 out of their own country. A story to illustrate this 
 national preference may be termed fairly. 
 
 Faithful under Trials. 
 A Tale of Queen Elizabeth's Reign, 
 
 Queen Elizabeth, though unwed herself, was a great 
 matchmaker, and took vigorous measures in love, as 
 in politics or war, to gain her ends. When Sir Thomas 
 Norreys was Vice-President of Munster, Lady Ellen 
 MacCarthy, only daughter of the Earl of Clancarthy, 
 was the helle of the President's Court. Young, beau- 
 tiful, and accomplished, this lovely girl was the greatest 
 heiress of her time. By the death of her only brother. 
 Lord Valentia, she became the apparent heiress to the 
 immense possessions of her family in Carbery, Mus- 
 kerry, and Duhallow. We make no doubt this, in 
 addition to her personal charms, caused many to sue 
 for her hand. The Lady Ellen was deaf to the solici- 
 tations of haughty knights and puissant English lords, 
 who sought her, for she had already bestowed her 
 heart's aflFections upon a gallant young Irishman, 
 Florence MacCarthy. They had been much together 
 in childhood, played, rambled, and followed the chase 
 side by side in the woods, glens, and over the rugged 
 hills of wild Carbery. He was a youth of comely pre- 
 sence and knightly bearing, and attracted the eye of 
 
6 
 
 The Mujtster Circuit, 
 
 England^s Sovereign, who desired to have handsome 
 men in her train. As the poet said regarding Sir 
 Christopher Hatton, — 
 
 " His bushy beard, and shoestrings green, 
 His high-crown'd hat, and satin doublet, 
 Moved the stout heart of England's Queen, 
 
 Though Pope or Spaniard could not trouble it." 
 
 So Florence MacCarthy was employed in the Court 
 of the Queen, while the object of his devoted affec- 
 tion was exposed to the assiduous attentions of the 
 crowd of suitors she attracted around her in Ireland. 
 
 The Vice-President of Munster, Sir Thomas Norreys, 
 was not insensible to the charms of the beautiful young- 
 lady, or the extent of her fortune. He was well known 
 as a brave and distinguished soldier, and possessed of 
 that urbanity of manner, and love of literature, so 
 conspicuous at the present day in his excellent descen- 
 dant, Sir Denham Norreys, Bart. But, despite his 
 worth, though backed by the influence of Sir Warham 
 St. Leger, President of Munster, he failed to gain Lady 
 EUen^s heart. 
 
 Another suitor was Nicholas Browne, son of Sir 
 Valentine Browne, who contrived to enlist for his son 
 the powerful influence of the Queen. He had an addi- 
 tional argument, which was sometimes used with success. 
 He held a mortgage over the estates of the Earl of 
 Clancarthy, and, putting on the screw, the lady^s 
 father tried to gain, from filial devotion, the daughter's 
 consent. But this effort also was unavailing. She 
 said she was not inclined to marry any English 
 gentleman and, when the Queen sent a request. 
 
The Mu7ister Circuit. 
 
 7 
 
 wliich most read as a command,, for Lady Ellen to 
 marry Master Nicholas Browne^^^ * tlie spirited young 
 lady started at once for the Court of the Lord Presi- 
 dent, and protested against the Royal mandate. She 
 denied the Queen's right to coerce a noble Irish 
 maiden to contract such an alliance. Why should the 
 daughter of Clancarthy's noble earl espouse the son of 
 a mere baronet ? The argument seemed to have 
 weight with the Lord President. He wrote to Sir 
 Francis Walsingham, then Secretary of State, that the 
 match ought not to be pressed.''^ He comforted the 
 agitated girl with the assurance *^ that it did not stand 
 with the course of her Majesty's blessed Government 
 that any should be forced to marry against their wills.'' 
 It is very probable that Florence MacCarthy, then 
 sojourning at head-quarters, knew how far her 
 Majesty's Messed Government would allow the young 
 lady any will in the matter ; for he very speedily 
 returned to Ireland, sought his beloved kinswoman, 
 and made such representations to her that she imme- 
 diately consented to be his wife, and, in a few days, the 
 news reached Cork that Florence MacCarthy and Lady 
 Ellen were man and wife. Then the haughty Queen 
 showed what her will was. She got into a passion, 
 ordered the arrest of bride and bridegroom, of the 
 Countess of Clancarthy, and all who were concerned 
 in what she styled this contemptuous action." So 
 Florence and his lately-wedded wife were seized, and 
 spent their honeymoon in Cork Gaol. They had, it 
 seems, a good-natured gaoler, for Sir Valentine Browne 
 
 2 Ancestor of the Earls of Kenmare. 
 
8 
 
 The Mtmster Circuit, 
 
 complains in lugubrious terms, that indicate how 
 woefully he was disappointed in not having the well- 
 dowered Lady Ellen for daughter-in-law, in a letter to 
 Walsingham^ that, at Corcke, Florence, with the 
 EarPs daughter, remaynethe with small rest rayn the, 
 and rather rejoyceth with banquettings than seemeth 
 sorrie/^ 
 
 This caused a sad parting. Florence's 
 
 " Living in clover, alas, was soon over." 
 
 He was committed to the Tower of London, and the 
 disconsolate bride kept in durance in Cork. 
 
 But she was resolved to seek a restitution of con- 
 ]ugal rights. She contrived to enlist the aid of one of 
 her guards, and was supplied with peasants^ dresses 
 for herself and her maid. Thus disguised, they effected 
 their escape from Cork, and eluded the vigilant search 
 which the Lord President caused to be made for their 
 recovery. At length Lady Ellen appeared, in about 
 the last place one would seek her — the Court of Queen 
 Elizabeth. She besought her Majesty to pardon her 
 husband and herself. She pleaded earnestly for this 
 boon. She told of their mutual affection, their con- 
 fidence and faith in each other under severe trials and 
 temptations. The Queen was steeled against pity. The 
 unhappy Lady Ellen suffered much. Her means were 
 exhausted. The rents of her husband were stayed, the 
 remittances of her family were intercepted, and she was 
 left, bereft of friends or means, in the capital of 
 England. She was sorely tempted. The Queen took 
 the opinion of the law officers on the marriage of these 
 
The Mu7zster Circuit, 
 
 9 
 
 minors^ and it was declared null and void. Proceedings 
 for divorce were instituted^ but the brave young Irish 
 girl disclaimed being a consenting party to these pro- 
 ceedings^ and declared she would die sooner than give 
 up her husband. Her constancy won her the esteem 
 of Lord Burleigh^ and his counsels had weight with the 
 Queen. She yielded at last^ and Florence^ released 
 from the Tower^ clasped to his heart his long-lost, but 
 ever-constant, Lady Ellen MacCarthy. 
 
 The Munster Circuit — first provincial — comprehends 
 now the counties of Clare, Limerick, Kerry, and Cork. 
 In the reign of Queen Elizabeth, the status of Clare 
 was unsettled. In reply to a letter from the Queen, 
 dated 4th July, 1562, recommending the then Viceroy, 
 the Earl of Sussex, to establish provincial courts for 
 the Presidencies of Connaught, Ulster, and Munster, 
 the Viceroy recommended ^Hhat Clare should not 
 be within the Presidencies of either Connaught or 
 Munster, but that the Earl of Thomond, Chief of 
 Clare, should be as the person lying between both 
 Presidencies, and should be a member of both 
 councils, ready to assist either, as circumstances might 
 require.'^ ^ 
 
 The first attempt to hold a court in the county of 
 Clare seems to have been attended with danger to the 
 President of Conuaught. The Earl of Thomond refused 
 to attend, and though the President, Sir Edward 
 Fitton, held the court in the Franciscan Abbey at 
 Ennis, in 1570, the sacredness of the place, or of the 
 nature of his ofiice, formed no protection to the Lord 
 
 3 Carew MSS., 329. 
 
10 
 
 The Munster Circuit. 
 
 President^ for he was so unpopular he was obliged to 
 place himself under the protection of the Sheriff of 
 Thomond^ who conducted him back to Galway without 
 delay. 
 
 In 1576 Clare was joined to Munster; but;, in the 
 year 1579^ again restored to the jurisdiction of the 
 Court of the President of Connaught. ^ This arrange- 
 ment^ however^ was not found satisfactory to the Earl 
 of Thomondj for I find that, in a.d. 1602, on the 
 petition of that nobleman, the county of Clare was 
 once more detached from the jurisdiction of the Pre- 
 sident's Court of Connaught, and united to Munster, to 
 which it now belongs. 
 
 I find that Sir John Perrott, when removed from the 
 oflice of President of Munster, and made Lord Deputy,, 
 as the Viceroy was then called, went from the frying- 
 pan into the fire. He petitioned the Queen to relieve 
 him of an ofiice which the perverseness of her subjects 
 in Ireland of the English race had rendered intolerable. 
 
 I find I can please your Majesty's Irish subjects better 
 than the English, who, I fear, will shortly learn the 
 Irish customs sooner than the Jews did those of the 
 Hebrews."'' If the Lord Deputy had many altercations 
 like that related in Gibson's History of Cork,"' his 
 life cannot have been a very tranquil one. It is 
 not," says the reverend historian, surpassed in the 
 Southern States of America. The 15th of May, 1587, 
 very angry words passed between the Lord Deputy 
 and Sir Nicholas Bagnal, Marshal, in the presence of 
 the Chief Justice, the Master of the Rolls, and the 
 
 4 " Lib. Munerum Hib." 
 ° Yol. i. p. 216'. 
 
The Mtmster Circuit, 
 
 II 
 
 Secretary of State^ upon occasion that one Patrick 
 Cullan (who used to go into England in the name of 
 O^Neal^ with complaints to her Majesty against the 
 Lord Deputy) was ordered to be examined before the 
 Council. The Marshal requested that the Lord Deputy 
 should not be present at the examination ; upon which 
 the Lord Deputy^ taking it ill to be directed by him^ 
 told him, ^ that though he would not be present at it 
 he would do what he thought fit ! ^ 
 
 The Marshal replied : ^ He mistrusted false mea- 
 sures would be used/ 
 
 The Deputy said : ^ He defy^d him, or any other 
 man, who should think any false measure should come 
 by him/ 
 
 The Marshal said : ' He defy'd him also/ 
 
 Hereupon the Deputy, with the flat of his hand, 
 touched his cheek once or twice, and laying his other 
 hand on his right shoulder, said : ^ Well, well, Marshal, 
 if you defyM a man in my place in another country, he 
 would have hanged you/ 
 
 " The Marshal hereat held up his staff, as if he 
 would have struck the Deputy, but Mr. Penton, the 
 Secretary, and Sir Nicholas White, Master of the 
 Rolls, interposing themselves, the Marshal fell back, 
 and, rising up, said : It will be proved you have done 
 ill in this matter.^ 
 
 The Lord Deputy : ^ You lye, if you say I have 
 done ill in this matter/ 
 
 Marshal : ^ You lie ^ — and, correcting himself, ^ If 
 you were not Lord Deputy I would say you lie; but I 
 care not for Sir John Perrott.'' 
 
 " The Deputy replied : * If I were but Sir John 
 
12 
 
 The Mtmsier Circuit, 
 
 Perrott I would teach you to use me thus ; and if you 
 did not dote I would commit you to prison/ 
 
 ^ If you do/ answered the Marshal^ ^ I would come 
 out whether you would or no/ 
 
 The Lord Deputy said : ^ Get you hencO; for ^tis 
 no reason to talk with you ; for a man Would think you 
 were drunk/ 
 
 ^ You are drunk/ replyM the Marshal. 
 
 What was the end of this discourse is not known, 
 nor the cause of it, only to believe that the Marshal 
 was a great friend to CuUan/^ ^ 
 
 The quondam Lord President of Munster had 
 incurred the enmity of several of the high officials, 
 and often used strong words in reference to the Queen, 
 his reputed half-sister, for he was an illegitimate son 
 of Henry VIII. These words formed a ground of 
 impeachment for high treason, on which he was found 
 guilty and sentenced to death. He attributed his con- 
 viction to the enmity of Sir Christopher Hatton, whom 
 he styled a carpet knight ; and when he heard his 
 sentence, exclaimed, God^s death ! will my sister 
 sacrifice her brother to his frisking adversaries ? 
 When she heard these words, so like what she would 
 have used herself, she refused to sign his death- 
 warrant, saying, They be all knaves who condemned 
 him/^ And when pressed with his saying of herself. 
 That fiddling woman troubles me out of measure ; it 
 is not safe for her Majesty to break such sour bread 
 to her servants — remembered the rescript of the 
 Emperor Theodosius, which, she said, should rule this 
 
 « Gibson's " History of Cork," vol. i. p. 216. 
 
The Munster Circuit. 
 
 13 
 
 case. If any man speak ill of the Emperor through 
 a foolish rashness or inadvertency, it is to be despised ; 
 if out of madness, it deserves pity ; if from malice, it 
 calls for mercy ^ Her mercy did not avail the 
 condemned knight, for Sir John Perrott died in the 
 Tower. 
 
 The next Munster Circuit I find on record was that 
 of Sir William Drury, who, in 1576, like Sir Henry 
 Sydney, took a circuit of all the great towns in 
 Munster, to confirm laws and regulations. He de- 
 stroyed malefactors and robbers, and put to death 
 Barrett, of Cork, and two noble and distinguished 
 young constables, of the tribe of Maolmurry, or 
 MacSweeny. He proceeded thence to Limerick, 
 where he hung a number of chiefs and of the common 
 people. 
 
 The Rev. Mr. Gibson considers^ it was during this 
 tour the Earl of Desmond invited Sir William bo pay 
 him a visit at his castle at Tralee, intending to make 
 him prisoner. The Deputy went, escorted by 120 men. 
 The Earl's retinue was a trifle more numerous, if not so 
 warlike, numbering 800 Galloglasses, or heavy-armed 
 soldiers, and Kerns, as the light infantry w^ere called. 
 It would appear as if the Earl of Desmond was not 
 present with his men, for when the Lord President, 
 not liking their array in his path, charged through the 
 Irish forces and reached the castle, he was received, 
 not by the lord, but by his lady. 
 
 The Deputy demanded, Why so many armed bands 
 guarded the approach to the castle ? 
 
 7 Lord Campbell's " Lives of the Lord Chancellors of Eng- 
 land," vol. ii. p. 168. 
 
14 
 
 The AT mister Circuit. 
 
 The lady seemed amused at his trepidation^ and 
 assured him that what he mistook for hostile forces 
 was only a hunting party, and that instead of intend- 
 ing to dispute his approach, they only meant to welcome 
 him to Kerry. 
 
 This explanation satisfied, or, at least, was deemed 
 suflSciently satisfactory by the Deputy. But that 
 official had too much knowledge of the disaffection of 
 the Desmond race to be easily imposed upon. Ere 
 long they raised the standard of revolt, and James 
 Fitzmaurice, the Earl's cousin, brought over Spanish 
 and Italian forces, who ravaged Munster. Thereupon, 
 Captain Malby, President of Connaught, was sent as 
 Vice-President into Munster to assist Sir William 
 Drury during the war. This was a.d. 1579. 
 
 Sir William suffered some reverses^ which naturally 
 preyed upon his mind. A fierce engagement took 
 place between his troops and those of the Geraldines 
 at Springfield, in which he was defeated, nearly all his 
 band of 400 men cut to pieces, and three of his captains 
 (Herbert, Eustace, and Price) slain. He left Kilmal- 
 lock ill, and, surrendering the command to Captain 
 Malby, was conveyed in a carriage to Waterford, where 
 he died. 
 
 For several years Munster was a battle-field, the 
 forces of the Geraldines making a desperate resistance 
 against the te-oops of Queen Elizabeth; but in 1584, 
 when Sir John Norris was President, the Earl of 
 Desmond was slain in a battle in the county of Kerry, 
 his adherents dead or scattered, and a general peace 
 was proclaimed throughout Ireland in general, and the 
 two provinces of Munster in particular — that is to say. 
 
The Munster Circuit, 1 5 
 
 tlie part of Munster south of the Blackwater, and 
 North Munster^ between the Blackwater and Limerick. 
 Of these provinces a large portion was^ by the attainder 
 of the Earl of Desmond^ forfeited to the Crown. His 
 territory extended from Duncasin, in Kerry, to the 
 meeting of the Suir, Nore, and Barrow, in Waterford, 
 and from the Great Island — now the site of Queens- 
 town, county of Cork — to Limerick; a country con- 
 taining a million of acres, of which 574,628 were, by 
 special Act of Parliament, passed in 1583, declared 
 confiscated to the Crown. 
 
 Among those Englishmen who, as undertakers, 
 obtained large grants of the forfeited estates of the 
 Earl of Desmond, two are especially renowned in 
 literature — Sir Walter Raleigh and Edmund Spenser. 
 Raleigh also distinguished himself by dashing exploits 
 during the Desmond wars. His escape from the 
 seneschal of Imokilly, and his capture of Lord Roche, 
 are deeds worthy the fame of a knight- errant. He 
 obtained an enormous tract of the Desmond country, 
 along the valley of the Blackwater, from Lismore to 
 Youghal, in which town he occupied a residence, still 
 in excellent preservation, called Myrtle Grove, and 
 which, I understand, has lately become the property, 
 by purchase, of Mr. Pope Hennessy, who is engaged 
 in collecting curiosities for a museum, to illustrate, 
 I presume, the remarkable career of Sir Walter 
 Raleigh. 
 
 Edmund Spenser was also one of the undertakers. 
 He came to Ireland as secretary to Lord Gray, in 
 1580, and, having made himself useful to the Govern- 
 ment, obtained a grant of 3000 acres of the forfeited 
 
1 6 The Mtinster Circuit. 
 
 estates of the Earl of Desmond. His grant was 
 situated on the north part of the county of Cork. 
 Here he occupied the Castle of Kilcolman, about 
 midway between the towns of Doneraile and Buttevant 
 — now a picturesque, ivy-mantled ruin, on the lands of 
 Ballyvonere. Here he composed his great work, the 
 Faerie Queene and a number of minor poems. He 
 was visited here by his friend Sir Walter Raleigh, on 
 which occasion he composed the poem, Colin Clout^s 
 come Home again,^^ a work of much interest, from its 
 accurate description of the topography and scenery of 
 the neighbourhood. Had Spenser confined his writing 
 to poetry it had been better for his fame, but he did 
 not. He wrote a treatise called A View of the State 
 of Ireland,^^ which lay in manuscript from 1596 until 
 published by Sir James Ware in 1635. The horrible 
 mode he advocated for civilizing the country, by getting 
 rid of the inhabitants, does little credit to his head or 
 heart. If he allowed such visions to escape him, and 
 they were disclosed to the Irish people, we cease to 
 wonder at the terrible fate which ended his residence at 
 Kilcolman. This is very graphically described by a 
 valued reverend friend of mine, so I prefer giving his 
 account to my own : — 
 
 Kilcolman Castle is now a ruin, and a fast-perishing 
 one. There are no signs about it of past glories iu 
 architecture or gardener^s skill, and the very traces of 
 fire have been washed by the elements, and the memo- 
 rials of the poet^s ruin have passed away along with the 
 tokens of his joy. But Mulla ^ flows past it now as it 
 
 8 The river Awbeg is poetically called the "Mulla" by 
 Spenser. 
 
The Munster Circuit. 
 
 17 
 
 did then^ and the everlasting hills still keep their Watch 
 over the stern old building. The slippery staircase of 
 stone is yet perfect^ which Raleigh and Spenser often 
 trod up and down together ; and there is a deep- 
 recessed window^ with a stone seat on each side^ and a 
 view from it of a wide-spreading tract of champagne 
 country, and we could fancy the poet (as old Aubrey, 
 in his ^ Lives/ has painted him), a little man wearing 
 short hair, with laced shirt- collar and cuffs, seated on 
 one of these seats ; and opposite to him his Elizabeth, 
 with those fay re golden tresses he so much loved. 
 
 It was a lovely evening in the autumn of the year, 
 and the sun was westering his course towards the 
 remote hills, and that young couple sat together, 
 watching, with unspeakable rapture, the magnificent 
 sun^s going down, and the declining rays glistened on 
 the surface of a small, calm lake near them, and, farther 
 off, were multiplied in the waters of the Mulla, which 
 sparkled in them like burnished silver. Then, like a 
 dark curtain, darkness was slowly drawn over the 
 prospect, and, after a little while, were heard tones of 
 the evening hymn, and a low, calm voice pleaded 
 humbly in prayer ; and, soon after, all sounds ceased, 
 and the inmates of the castle were hushed in repose. 
 Then succeeded an hour or two of stillness, and, after 
 that, was borne on the night-wind the tramp of 
 a thousand feet; louder they grew, and yet louder, 
 as they drew near that lonely building. And rude 
 knocking was heard at the gate, and the passage was 
 forced in, and lights flared up on all sides ; and there 
 were shrieks, and groans, and commingling cries of 
 men engaged in fierce battle. Savage numbers pre- 
 
 c 
 
i8 
 
 The Munster Circuit. 
 
 vailed^ and applications for mercy were met by the 
 sweep of the broadsword or the thrust of the skein^ or 
 the low, short laugh of derision. And the tumult grew 
 less, and the cries died away, and then all was hushed 
 in the silence of death. 
 
 Then came a vision of a rough and stormy ocean, 
 and a struggling bark was wildly contending on it 
 with the mad tempest. And there were terrified fugi- 
 tives crouching low on her deck, and looking with 
 eager eyes towards a blue, low-lying shore they were, 
 with difficulty, approaching. And then the scene 
 changed to a plainly-furnished room, in an ir.ferior 
 street; and the wanderers were there, and knew of 
 their safety ; but the strong man^s cheek was flushed 
 with disease, the fever was feeding upon his strength, 
 his head was sick, and his heart was broken. 
 
 And then, in a gorgeous aisle of a reverend 
 Minster, we saw a crowd assemble, and a grave was 
 dug, and a long procession issued from a low-arched 
 door near at hand, and proceeded towards the grave. 
 And the nobles of the land were there, and poets read 
 their eulogies of the deceased, and cast the verses, and 
 the pens that wrote them, into the pit. And then 
 there was the rumbling of earth upon the coffin-lid, 
 and the hollow thumping of the sexton^s spade, and 
 suppressed sobs and tears, the dying away of depart- 
 ing footsteps — dust and ashes — and the earthly clay of 
 what was Edmund Spenser remained — to wait the 
 trumpet of the Resurrection Day.^^ 
 
 Spenser^ s widow, who regained the Kilcolman estate, 
 married, in 1603, Mr. Roger Seckerstone. Sylvanus, 
 the poet^s eldest son, obtained an inquisition, which 
 
The M unster Circuit, 
 
 19 
 
 was taken at Mallow^ on the Manster Circuity on the 
 7th of August^ 1611 . By a copy of the finding of the 
 jury^ now before me^ I observe the jurors presented — 
 That portions of the seignory^ granted by patent by 
 the late Queen Ehzabeth^ unto Edmund Spenser^ late 
 of Kilcolman^ in the county of Cork^ Esq., deceased, 
 after his death descended unto Sylvanus Spenser, his 
 son and heir, who doth now possess the same — viz., the 
 Castle of Kilcolman, with ccc acres of land p. ell of the 
 said seignory, being the demesne lands of the same/"* 
 It then goes on to recite the various other denomina- 
 tions of land, and their acreage, tenants^ names, 
 rents, &c., with any particulars of which it is unneces- 
 sary to load our pages. 
 
 It may, however, be interesting to learn that Syl- 
 vanus Spenser married the eldest daughter of David 
 Nagle, of Monanimy Castle, on the banks of the Black- 
 water, county of Cork, and her grandniece was the 
 mother of the Right Honourable Edmund Burke. The 
 Rev. Mr. Gibson suggests that the great statesman was 
 called Edmund after the poet. For a full account of 
 the poet Spenser's descendants, vide Rev. Mr. Gibson^s 
 
 History of Cork,'' vol. i., chapter xvi. 
 
 Sir Thomas Norris, President of the two provinces 
 of Munster, and his brother, Sir John Norris, made a 
 raid into Ulster in 1595. They marched to Newry, 
 and passed from thence towards Armagh. When they 
 had proceeded about half-way, they were met by the 
 Irish forces, who proceeded to annoy, shoot, pierce, and 
 spear them. The General, Sir John, and Sir Thomas 
 were wounded upon that occasion. 
 
 Soon after this. Sir Thomas Norris returned to Cork, 
 
 c 2 
 
20 
 
 The Mtmster Circuit. 
 
 and held a courts when^ in 1596^ Conor O^Brien was 
 convicted of stealing cattle^ in the great wood near 
 Charleville^ and hung. The President fell in battle in 
 1599. Thomas Burke^ of Castleconnellj who was then 
 in rebellion, met the President within two miles of 
 Pallas Green^ in the county of Limerick. The Pre- 
 sident fell mortally wounded from the thrust of a pike, 
 where the jawbone joins the upper part of the neck.^ 
 
 In 1600, Sir Warham St. Leger, President of 
 Munster, met his death as he and some other oflScers 
 were riding for recreation near Cork. Within a mile 
 of the city, Sir Warham St. Leger and one of his 
 servants, straggling from his company, were suddenly 
 charged upon by Hugh Maguire, Lord of Fermanagh, 
 a commander of cavalry, under O'Neill. Sir Warham 
 discharged his pistol, and shot the traytor, and hee 
 (St. Leger) was strucken with the other (Maguire^s) 
 horseman^s staff in the head, of which wound hee dyed, 
 but none else on either side was slain."'' ^ 
 
 The next President of Munster was the cautious and 
 crafty statesman. Sir George Carew. His policy was 
 to set the Irish chiefs against each other, and thus 
 weaken them, so they could be easily dealt with. He 
 caused James Fitzgerald, Earl of Desmond, who had 
 been for sixteen years a prisoner in the Tower, to be 
 released and brought to Ireland. On his arrival at 
 Kilmallock, long the chief seat of the Desmonds, and 
 at this day displaying traces of its great magnificence 
 in lofty castles and stately mansions, he was welcomed 
 with enthusiasm. The tenants and adherents of this 
 
 s Gibson's "History of Cork," vol. i. p. 317. 
 1 "Pacata Hibernia." 
 
The Munster Circuit. 
 
 puissant family flocked to hail his coming — the young 
 men and maidens^ the old followers and their families, 
 met him on the outskirts of the town. The windows 
 of the houses which overlooked the streets, the tops of 
 the roofs, were thronged with eager spectators, and 
 shouts of wishes for his prosperity greeted the approach 
 to his ancestral halls of the young Earl of Desmond. 
 
 Short-lived was the welcome to the Earl. The next 
 day was Sunday, and, instead of proceeding, as his 
 ancestors had done, to the Catholic church, where they 
 always heard Mass, he went to the Protestant church. 
 The joy of the people at his coming was turned into 
 grief for his forsaking the creed of his family. They 
 could not restrain their manifestations of anger and 
 disgust. On his way back from the Protestant church, 
 accompanied by the Archbishop of Cashel, both he and 
 the Archbishop were hooted, hissed, and insulted. ^ 
 
 This terminated the Earl^s career in Ireland. He 
 had failed to win the people. The President sent him 
 back to Queen Elizabeth, who recommitted him to the 
 Tower, where he died in a few months. 
 
 2 Ibid. 
 
22 
 
 Tlie Munster Circuit. 
 
 CHAPTER II. 
 
 The White Knight's Yow. — A Tradition of the Desmond 
 Wars. — Sars field's Kebellion. — Eefusal to proclaim King 
 James I. King in Cork and Waterford. 
 
 The fate of the remaining Earl of Desmond, com- 
 monly called the Sugan Earl/^ was little less bitter. 
 Hunted from house to house — outlawed as a traitor, 
 he sought refuge in a mountain cave in the territory 
 of FitzGibbon, usually termed the ''White Knight/^ 
 The President, who was made acquainted with this 
 circumstance of the outlawed earl^s place of shelter, 
 which was unknown to tbe White Knight, sent a trusty 
 soldier. Sir Walter Raleigh, to discover the retreat of 
 the outlawed earl, and arrest him, if possible. I have 
 described what took place in the following tale, called 
 
 The White Knight's Vow. 
 
 Evening closed round the Castle of Kilbenny; the 
 day had been sultry, every object around was distinct 
 to the sight, and every sound struck the ear in that 
 deathlike stillness in which nature is wrapt when the 
 summer heat prevails. The shades of coming night 
 seemed to increase the size of the towers, while wreaths 
 of ivy growing on the battlements, were silvered by the 
 moonlight as it glanced through the thickly-loopholed 
 
The Munster Circuit, 
 
 23 
 
 walls^ or flickered from the deep mullioned windows. 
 To the right flowed the river Funcheon^ sweeping 
 round the lawn of the castle ; to the left were brown 
 forests^ climbing the mountain's side, while, beyond 
 their dark masses, ridge rose above ridge, height 
 mounted on height, of the lofty Galtees. In the 
 majesty of array Kilbenny Castle, thus seen from a 
 distance, caused a travel-stained horseman, who had 
 hitherto urged his gallant grey at a rapid pace, to draw 
 rein, and admire the scene. He was a well-built, 
 soldierly-looking man, in the prime of life, his coun- 
 tenance noble and full of dignity, to which his elabo- 
 rately-trimmed moustache and peaked beard contri- 
 buted. His attire denoted his calling a martial one. 
 Over his doublet glanced a steel breastplate, while 
 thick buff gloves came high on his arms ; plates of 
 armour protected his thighs, and were met at the knees 
 by long trooper's boots. A broad-brimmed hat, looped 
 at one side with a richly -jewelled buckle, from which 
 a plume of white ostrich feathers gaily fluttered, gave 
 an air of gallantry to a bearing bold and chivalrous. 
 The rider was well armed ; heavy silver-mounted 
 pistols protruded from the holsters of his saddle ; the 
 long rapier of the Tudor days hung by his side, while 
 a short dagger, called in the days of knight-errantry 
 misericorde^ was fastened in his gold- embroidered 
 belt. 
 
 By our Virgin Queen ! '' soliloquised the soldier, 
 but our doubtful ally, the White Knight, has a noble 
 stronghold.'' 
 
 He suffered his eyes to wander slowly over the lovely 
 landscape, as though it was a pleasure to rest them on 
 
24 
 
 The Mu7ister Circint. 
 
 the green fields, the wild, undulating hills, and the 
 foliage of summer boughs. 
 
 ^*^How sweetly my gentle Spenser tuned his verse 
 to praise this scenery in his ^Faerie Queene/ But 
 these lawless villains would not suffer him to dwell 
 amongst them. They burned the roof over his head — 
 drove him forth with wife and babes — and now my 
 poor Spenser sleeps with the poets of old."'^ 
 
 The tear which rolled down the bronzed cheek of the 
 stranger, as he thought of the fate of his countryman 
 and friend, told of a sensitive heart ; yet he dashed 
 it hastily aside, and, as though ashamed of the momen- 
 tary weakness, struck his spurs in the flanks of his 
 gallant steed, and resumed his rapid course. 
 
 In good time had he done so. A ripple of the river 
 beside him showed a breeze was blowing from the 
 hills ; clouds drove rapidly athwart the sky ; the mists 
 rolled from the valleys, and rain began to fall. A vivid 
 flash of lightning shone through the gloom, and dis- 
 closed the gate of the castle close at hand. 
 
 While the mounted cavalier approached the walls 
 from the west, two foot-men advanced from the 
 opposite direction. Despite the haste both made to 
 escape the coming storm, they walked not abreast; 
 one, considerably the elder, remained a pace or two 
 behind his companion, whom he addressed with marked 
 deference. 
 
 How fortunate we were to accomplish our work,^^ 
 observed the younger man. 
 
 ^^True for you, FitzGibbon,^^ replied th« other; 
 
 but, ochone ! what a place for the likes of him ! In- 
 stead of his grand castles, and his company of knights 
 
The Mtmster Circuit, 
 
 25 
 
 and nobles^ to be lodged in the Cave of Slievegort^ just 
 as though he was a badger^ or a modereen riiad,^ and 
 shure^ he just is run to earth/^ 
 
 " Well^ Shawn/ cheer up. Who knows what may 
 come when the White Knight takes heart again. He 
 is now in dread of his own safety. Hark ! is not that a 
 bugle sound 
 
 They had reached a small wicket^ leading into the 
 Castle^ as they heard a shrill blasts as of some one out- 
 side the drawbridge gate. 
 
 There it is again ! said the young man, and as 
 I live, I wot well whose cursed lips brought out that 
 note. I heard it before to-day.''^ 
 
 Whose, my young master whispered Shawn. 
 That insolent minion of England's Queen who lately 
 got three whole baronies of my hunted kinsman's pro- 
 perty, and has therefore good reason to seek his life. 
 Curse him V 
 
 Sir Walter Ealeigh?'' 
 i The same — I think," said the youth, as they retired 
 
 within the castle. 
 
 The parly, at the entrance-gate called forth the 
 lord of the castle, who greeted the horseman with 
 marked courtesy. Soon a repast, in which quantity, 
 if not quality, denoted the larder of Kilbenny well 
 provided, satisfied the appetite of the guest, and he 
 was well supplied with food and wine by his venerable 
 companion. 
 
 Edmund FitzGibbon, popularly called the White 
 Knight, from the colour of his armour, was nearly 
 
 1 Fox. Literally, " red dog." 
 2 John. 
 
26 
 
 The Mtmster Circnit, 
 
 allied to the noble houses of Kildare and Desmond. 
 While professing amity with the English colonists, 
 he was suspected of favouring the Earl of Desmond, 
 who had thrown off his allegiance, and whose vast 
 forfeited lands were the spoil of the adherents of Queen 
 Elizabeth. 
 
 ^^Now, White Knight/^ said the guest, having 
 done justice to your good cheer, I must beseech thee 
 to do justice to thyself. Where hast thou hid the 
 traitor Desmond 
 
 I ! Sir Walter?^' demanded the chieftain, in a 
 tone of surprise. I have had no communication 
 with Desmond since I took the oath of fealty, so help 
 me heaven ! 
 
 His companion looked at the speaker with an air of 
 incredulity. 
 
 Clan Gibbon,^^ said the younger man, I am loth 
 to let slip any word hurtful to your age and rank; 
 but if another said so my answer would be short. I 
 cannot believe that you are ignorant that the arch- 
 rebel is now in your territory.^ ^ 
 
 I am utterly ignorant of it, on my hopes of salva- 
 tion ! replied the chief. 
 
 How can that be, when we have sure tidings to 
 the contrary? A party of my Lord Barry^s soldiers 
 stole upon the ear] ere yesterday; they came upon 
 him at supper, and he escaped without his mantle, 
 so close were the pursuers. They actually tracked him 
 into those very glens of yours, and I am now deputed 
 by the Lord President to say that he holds you 
 answerable, with life and lands, if you let him slip 
 through your fingers. He bade me tell you he reckons 
 
The Mimster Circuit, 
 
 27 
 
 it most culpable in you to continue succour and 
 shelter to our common foe^ and one who has so often 
 disquieted the reign of our Sovereign Lady the Queen ; 
 and he regards you. Clan Gibbon, bodily accountable 
 for any fault in your men who may be accessory to 
 the earFs escape, by reason of your neglect in pursuing 
 him/^ 
 
 ^^That you have tidings of Desmond being on my 
 territory, I do not gainsay, since you vouch it. Sir 
 Walter Ealeigh,^^ replied the knight; ^^but I swear 
 to you, on my allegiance, the fact is wholly unknown 
 to me/^ 
 
 ^^I would prefer some better assurance than a tie 
 which binds thee so loosely. Clan Gibbon,'^ replied 
 Raleigh, while the knight winced beneath his cutting 
 words. 
 
 ^^Well, Ealeigh,^^ cried the veteran, ^^from you^ 
 at least, the taunt comes badly; as you must testify 
 how I stood by you. Remember the challenge I 
 bore to the seneschal of Imokilly, for the passage 
 of arms between him and his captains, and Ormond 
 with four of us. But, since the past is forgotten 
 hear my vow. I vow to you, Raleigh, that ere to- 
 morrow's sun sets, I shall deliver Desmond into 
 thy hands — alive or dead — if he be in my country; 
 or else I deliver myself to be dealt with as 
 beseems fit to the Queen's Majesty. Here's my 
 hand ! " 
 
 ^^I accept the conditions. White Knight," re- 
 joined Raleigh, clasping the extended palm; ^'and I 
 am told to promise, if you succeed in capturing Des- 
 mond, a thousand pounds of gold are thine. To enable 
 
28 
 
 The Mmister Circuit. 
 
 thee to rise betimes in thy search^ let us seek our 
 chambers ; so, good night ! 
 
 The host summoned an attendant with a lamp^ and 
 marshalled his guest to his couch. On returning to 
 the banque ting-hall the White Knight was joined by 
 the two men already mentioned. 
 
 Where have you been^ Gerald demanded the 
 lord of the castle of the younger man. 
 " In my chamber/^ replied the youth. 
 
 Wherefore not at the evening banquet^ my son 
 
 There was one present I could not trust myself to 
 meet in amity/^ replied Gerald. 
 
 You mean Sir Walter Ealeigh ? 
 " Yes. What brought him hither ? 
 
 Heavy tidings^ an^ they be true, which God 
 forbid ! replied his sire. He informs me the Earl 
 of Desmond lurks somewhere in our country, and that 
 the Lord President holds me accountable, in life and 
 lands, for his capture.^^ 
 
 Then up with our banner, and down with our 
 foes ! cried the young man with enthusiasm. 
 
 What meanest thou, Gerald ? cried the White 
 Knight ; " you surely do not say this news is true.^^ 
 
 Indeed I do, father. The earl is now in our 
 country V 
 
 Then the poor old knight was in sore distress. He 
 tore his grey hair in perfect frenzy, and gave way to 
 a burst of grief. 
 
 " Father — dear father ! expostulated his son, re- 
 frain from this unworthy lamentation. Surely it costs 
 thee but little to give up the alliance with the English 
 and succour our liege lord and cousiu.^^ 
 
The Munster Circuit. 
 
 29 
 
 Gerald ! groaned the afflicted knight^ you know 
 not what I have vowed. Believing in the utter im- 
 possibility of the Saxon^s story being true, I have 
 vowed that ere to-morrow^s sun sets, I shall deliver 
 Desmond, living or dead, into Raleigh^s hands, if he 
 be in my country, or else deliver up myself/^ 
 
 And what is your resolution ? 
 
 To keep my vow ! 
 
 Yes ; but how ? There is an alternative ? 
 ^^I mean to deliver up Desmond/^ 
 
 Shame ! Shame on thee, Clan Gibbon ! cried the 
 youth, deeply moved. Greatly art thou fallen. 
 Time was, when different sentiments were thine, and 
 promptly wouldst thou have spurned the notion of 
 betraying the noble who put his trust, and sought 
 safety with thee and thine. ''^ 
 
 Alas ! my circumstances permit no other course.^^ 
 
 Thank heaven, I shall be no party to so base an 
 act,^' retorted the youth ; but, mayhap, thou never 
 canst find where we have concealed the earl.^' 
 
 ^'What do I hear?'' exclaimed the White Knight. 
 Oh, tell me, Gerald, where is he 
 
 Never ! '' replied his son ; my tongue shall first 
 be torn out/' 
 
 I charge thee, on thy duty, sir, to tell me ! " 
 
 My duty is to prevent eternal infamy falling on 
 our noble name," replied the young man proudly. 
 ^^It is no disgrace to yield a rebel to justice." 
 
 Ha ! rebel and yield, are new terms in the mouth 
 of the White Knight," laughed the youth scornfully. 
 ^^Methinks the justice which our Lord of Desmond 
 will receive from the English enemy consists of a stout 
 
30. 
 
 The Mtmster Ciradt. 
 
 rope and a short shrift; and possibly the latter is 
 dispensed with as papistical/^ 
 
 I seek not to argue with you, sir/^ said the knight 
 angrily; ^^nor care I what punishment an outlawed 
 rebel shall receive. My duty is to deliver him up^ and 
 I demand of you his place of refuge/^ 
 
 ^^With me^ at leasts the secret is safe/^ replied 
 Gerald; refuse to tell/' 
 
 Nay^ this is past bearing ! cried the knight, 
 losing temper. " Shawn/^ he called to the attendant 
 in the antechamber, summon two of the warders, 
 and convey this obstinate boy to the prison in the 
 western turret, and place him under bolt and bar until 
 he gives me the information I need.'^' 
 
 Shawn, accustomed to the despotic orders of his 
 chief, promptly obeyed. 
 
 I yield obedience to the chief,'^ said Gerald, in 
 all that befits a gentleman ; but I will be neither a 
 betrayer nor an informer. Lead me to the dungeon.'*^ 
 The footsteps of the party, as they tramped across 
 the courtyard, aroused Raleigh's curiosity. He asked 
 one of the retainers the cause. 
 
 The knight has sent his son to prison, I hear, for 
 refusing to give up the Earl of Desmond,'^ was the 
 reply. 
 
 He may be depended on, then, and I can venture 
 to sleep,^' said Raleigh; and placing his arms within 
 reach, in case of need, soon fell into a profound 
 slumber. 
 
 Next morning the White Knight mustered his re- 
 tainers in the courtyard. He briefly stated the neces- 
 sity he was under of keeping his vow, and said, I 
 
The Munster Circtdt. 
 
 31 
 
 promise^ and hereby offer any of you who will conduct 
 me to the hiding-place of the Earl of Desmond^ the 
 sum of fifty pounds, and the inheritance of a plough- 
 land of fertile ground^ to him and his heirs for ever/^ 
 
 All protested their readiness to help their chief^ if in 
 their power^ but declared they were not aware of the 
 earl being in their country. , 
 
 Shawn, who overheard all that passed between the 
 knight and his son, on the previous evening, desired 
 to speak with the chief in private. 
 
 After all that has passed/^ he said, ^^I suppose 
 you are in earnest, and I am able to help you. I 
 know where the earl is/^ 
 
 ^^Then, Shawn, Til reward you.^^ 
 Follow on, then,^^ replied Shawn. We had 
 better take horses, for 'tis some miles oflf.^^ 
 
 The knight, with Shawn and six mounted troopers, 
 set forth. The route lay over hills and valleys, until 
 they were some miles from the castle. 
 
 Do you see that small hole in the hill-side ? said 
 Shawn, pointing to what looked like the entrance to a 
 fox-earth. 
 
 "Yes,'' replied the White Knight. 
 " Within is the retreat of the earl.''^ 
 At the mouth of the cave the band dismounted ; 
 then the chief bent over the aperture, and called, 
 " Desmond> come forth ! Tou are my prisoner ! 
 
 " Who calls ? replied a voice the knight knew was 
 that of the earl. 
 
 " I am Clan Gibbon— the White Knight ! 
 "Then art thou doubly a traitor,^' said the earl, 
 emerging from the cave ; turning to the troopers, who 
 
32 
 
 The Munster Circuit. 
 
 awed by the presence of so renowned a noble, had 
 doffed their helmets, for being Clan Gibbon, you are 
 my own kinsman, and as White Knight, you and yours 
 are my natural followers — as you are doubly a traitor — 
 I call on my liegemen here to arrest you^ 
 
 The knight's men looked from one to another, but 
 no one stirred. 
 
 ^^My lord,^^ said Shawn, drawing his sword, and 
 seizing the earl, ^^that day is past. We are friends 
 with Queen Elizabeth now, and you are her foe/^ 
 
 The rest then closed round the fugitive. 
 Enough/^ cried the earl, yield. When my 
 own kin desert me I have no care for freedom.^^ 
 
 So saying, he mounted the charger of one of the 
 troopers, while the man rode behind a comrade ; and 
 thus, ere sunset, the White Knight redeemed his vow. 
 
 For this service the White Knight received the 
 thousand pounds promised by the Lord President.^ 
 The earFs trial on the Munster Circuit, took place at 
 Cork, and as he was attainted on the 10th of March 
 preceding, it was merely formal. Of course he was 
 convicted, and the Lord President, from Shandon 
 Castle, Cork, forwarded the earl to London. He, too, 
 died in the Tower, and was buried alongside his cousin, 
 the parliamentary earl. 
 
 During the presidency of Sir George Carew, the 
 Presidential Court of the province of Munster was pre- 
 sided over by two able judges. Sir Nicholas Walshe, 
 Chief Justice, and Gerald Comerford, Second Justice. 
 I hope the legal profession was then better supphed 
 
 3 Smith's " Cork," vol. ii. p. 77. 
 
The Munster Circuit, 
 
 33 
 
 witli practitioners than the medical profession, as ap- 
 pears from the following ; The President, when ill, 
 and in want of a physician, writing to the Queen, from 
 Cork, on September 29, 1602, states: — Ireland is 
 destitute of learned men of English birth, and with 
 Irish physicians — hiowiiig the good will they beare me — 
 if they were learned, I dare not venture/^ 
 
 Munster, under the presidency of Sir George Carew, 
 knew little of ls,w or order, save the conquering arm of 
 English power. He was seldom out of the field of 
 strife. He left Sir Charles Wilmot and Sir George 
 Thornton, joint commissioners for the government of 
 the province, on leaving Cork, in February, 1603, for 
 England, learning the Queen was very unwell. He 
 was not in time to find the Queen alive. She died 
 before he reached Chester, but he was in time to assist 
 in proclaiming James VI. of Scotland as the King of 
 England, by whom he was created Lord Totnes. 
 
 During Carew^s absence from Munster, Sir George 
 Thornton, one of the two commissioners of Munster, ap- 
 plied to Thomas Sarsfield, then mayor, to have the new 
 king proclaimed. The mayor, who from some cause 
 or other had not made up his mind to proclaim James, 
 replied, The Charter of Cork allowed his taking time 
 to consider of it." Sir George replied ^^that the King, 
 who had a just right to the Crown, had been pro- 
 claimed in Dublin, and that a delay would be taken 
 ill.^^ 
 
 To this the mayor shortly rejoined that ^^Perkin 
 Warbeck had also been proclaimed in Dublin; and 
 that much damage had come of their precipitation.^^ 
 The Chief Justice of Munster, Saxey, who was present, 
 
 jj 
 
34 
 
 The Munster Circuit. 
 
 said they should be committed if they refused/^ This 
 seems to have excited the resentment of the Corpora- 
 tion, for William Mead, the recorder, replied, There 
 was no one there with authority to commit them/^ 
 The Corporation of Cork had resolved not to do things 
 in a hurry. They retired to the court-house, and left 
 Sir George Thornton and his party out in the cold. 
 
 They remained pacing up and down the street out- 
 side the court-house for an hour, when, growing im- 
 patient, Sir George sent to the mayor, to know ^^if 
 they had made up their mind what to do 
 
 The answer was *^ No/^ 
 
 Another hour elapsed, and again the commissioner 
 sent to hear the decision of the Corporation. The 
 Recorder, not very civilly, told the messenger, "he 
 could have no answer until next day, if even then/' 
 Whereon Sir George and his suite went in person, 
 and the Recorder gave them scant courtesy. Sir 
 Richard Boyle, afterwards the great Earl of Cork, was 
 then Clerk of the Presidential Court of Munster, and 
 he reproved the learned Recorder for his conduct, 
 desiring him "not to break out in so unreasonable 
 and choleric a fashion.^' 
 
 Mead at once said^ " Though I do not break out, 
 there are thousands ready to do so/^ 
 
 Sir George instantly requested the Recorder " to 
 explain what he meant by those words.'' 
 
 "Very well,'^ replied Mead, "but the city must 
 have three or four days time to consult about the 
 ceremony." 
 
 The delay was spent in preparing for civil war. 
 For some time the city was in open rebellion, but 
 
The Mtmster Circuit, 
 
 35 
 
 when matters were looking serious, the Mayor and 
 Corporation, knowing the very decided character of 
 the then Viceroy, Lord Mountjoy, wrote by way of 
 excuse to that nobleman, to say, ^Hhey had received 
 the Kiug^s proclamation only on the 11th of April, and 
 put off the ceremony until the 16th, in order that it 
 might be done with more solemnity.''^ The Commis- 
 sioners of Munster, we may feel assured, gave the 
 Viceroy a very different account of the state of affairs. 
 
 Cork was not the only city on the Munster Circuit 
 that became reluctant to proclaim the King of Scots 
 King of Ireland ; Waterford was also in re vol i;, so that 
 the Lord Deputy, judging the situation of affairs in 
 the provinces required his immediate present attention, 
 proceeded with a numerous army into Munster. Od 
 the 5th of May, 1603, Lord Mountjoy summoned the 
 Mayor of Waterford to open the gates of that city 
 and receive him and his army. The spirit of rebel- 
 lion immediately appeared. The gate was shut against 
 the Lord Deputy and his troops, and the citizens pleaded 
 that by a charter of King J ohn, they were exempted 
 from quartering soldiers/^ 
 
 While the parties were thus engaged, we learn from 
 Dr. Eyland^s History of Waterford,^^ two eccle- 
 siastics. Dr. White and a young Dominican friar, came 
 into the camp. They were habited in the dress of 
 their order. When they entered the Lord Deputy's 
 tent. Dr. White commenced a violent religious contro- 
 versy, all of which,^^ we are told, " his lordship did 
 most learnedly confute.^^ He then severely repre- 
 hended the conduct of the citizens, threatened to draw 
 King James's sioord^ and cut the charter of King John to 
 
 D 2 
 
36 
 
 The Minister Circuit, 
 
 ■pieces and declared his intention^ if they persisted 
 in their obstinacy^ to level their city, and strew it with 
 salt/^ This resolute language was effectual. The 
 citizens, awed into submission, opened the gates, and 
 the Viceroy and his troops entered. The citizens took 
 the oath of allegiance, and, in order that they should 
 keep it, a strong garrison was placed in the city. 
 
 Tlie Lord Deputy next visited Cork, prepared to 
 punish any resistance to his authority. The mayor 
 was apprised of his coming, and it was debated if he 
 should be allowed to enter. There were great numbers 
 of the citizens of the capital of Munster who were 
 opposed to it ; but wiser counsels prevailed, and the 
 Viceroy entered Cork on the 11th of May, 1603. 
 Ploughshares were placed by the citizens along his 
 route through the city, to intimate that the destruc- 
 tion of the growing crops by the soldiers had caused 
 so many ploughs to be idle. This gave the Lord 
 Deputy a solution of the cause for popular discontent. 
 
 Several of those who took part in the late rebellion 
 were ordered to be tried. A grand jury, consisting of 
 only fifteen members, found bills against Mead the 
 recorder, Mr. Gould, and others. They were tried 
 before the two Commissioners, the Chief Justice, and 
 William Saxey and Gerald Comerford, justices. Mead, 
 who is described as having been the ringleader of the 
 revolt, was acquitted, though it is hard to learn on 
 what grounds. Gould pleaded in justification, that 
 
 goods he sold the wife of the late President — Sir 
 George Carew — and for which he paid good coin, was 
 paid for by Lady Carew^s steward in mixed money.^^ 
 Whereon the Cork jury, regarding such conduct as 
 
The Minister Circuit, 
 
 37 
 
 good grounds for rebellion in tlie honest trader, 
 acquitted him. 
 
 The Recorder thought it prudent, after his discharge 
 from custody, to visit the Continent. When at Naples 
 he wrote a treasonable book called '^Advice to the 
 Catholics of Munster/^ a copy of which is preserved in 
 the Bodleian Library, at Oxford. He did not return 
 to Ireland, but died at Naples.* 
 
 * Gibson's " History of Cork," vol. ii. p. 27. 
 
38 
 
 The Munster Circuit. 
 
 CHAPTER III. 
 
 Successive Presidents. — Incidents in the Life of tlie First 
 Earl of Cork. — Plot and Counter-plot. — A disappointed 
 host. — Cromwell's Jests. — Fate of the Eegicides. — A Charge 
 to a Grand Jury. 
 
 Sir Hekry Becher was appointed Lord President 
 of Munster in 1604. He comes next after Sir George 
 Carew in the list of Presidents — Sir George Thornton 
 and Sir Charles Wilmot being only Commissioners. 1 
 do not find any account of circuits during the six 
 years Sir Henry Becher held the oflSce of President. 
 He died in 1610^ and was succeeded by Lord Dan- 
 vers^ who had been a commander of cavalry to Lord 
 Mountjoy. Several changes of Presidents quickly 
 followed each other. Sir Oliver St. John was Pre- 
 sident of Munster in 1611. He nominated Sir Richard 
 Moryson Vice-President^ and was replaced in 1616 by 
 the Earl of Thomond. This nobleman dying the same 
 year, Sir Edward Villiers became Lord President. 
 
 The Clerk of the Council of Munster, from 1602, 
 for several years, was Richard Boyle, the celebrated 
 first Earl of Cork. The salary was only 20/. per 
 annum, but the fees of office were very remunerative. 
 Together with filling the ofiice of Clerk of the Coun- 
 cil, Boyle was also a magistrate for the whole province 
 
The Munster Circuit, 
 
 39 
 
 of Munster^ and was constantly in attendance npon 
 the Lord President, who employed him in various 
 duties requiring ability and despatch. The following 
 incident in his life, related by himself, is an in- 
 stance : — 
 
 "As Clerk of the Council, I attended the Lord 
 President in all his employments, and waited on him 
 during all the siege of Kinsale, and was employed 
 by his Lordship to her Majesty, with the news of 
 that happy victory, in which employment I made a 
 speedy expedition to the Court, for I left my Lord 
 President at Shandon Castle, near Cork, on the Mon- 
 day morning, near two o^ clock, and next day being 
 Tuesday, I delivered my packet, and supped with 
 Sir Robert Cecil, being then principal Secretary of 
 State, at his house in the Strand ; who, after supper, 
 held me in discourse until two o^clock in the morning, 
 and by seven that morning called upon me to attend 
 him to the Court, where he presented me to her Ma- 
 jesty, in her bed-chamber, who remembered me, calling 
 me by my name, and giving me her hand to kiss, and 
 telling me that she was glad that I was the happy 
 man to bring the first news of that glorious victory. 
 And after her Majesty had interrogated me upon sun- 
 dry questions, very punctually ; and that therein I had 
 given her full satisfaction in every particular, she 
 again gave me her hand to kiss, and recommended my 
 despatch for Ireland, and so dismissed me with grace 
 and favour/^ ^ 
 
 When the ill-fated Lord Went worth, afterwards 
 
 ^ " Autobiography of the Earl of Cork." 
 
40 
 
 The Munster Circuit, 
 
 Lord Strafford, became Lord Deputy of Ireland in 
 January, 1631, Sir William St. Leger was President 
 of Munster. He was appointed President of Mun- 
 ster in 1627. During the civil strife which desolated 
 Ireland from 1641 to 1650, the circuits of the 
 judges seem to have been suspended. The un- 
 happy contests which prevailed during these dis- 
 astrous years belong to the general history of the 
 kingdom, and I have no desire to introduce any of 
 the blood-stained details into my peaceful narrative 
 of events upon the Munster circuit. 
 
 St. Leger^ the Lord President of Munster^ died 
 at Doneraile on the 2nd of July, 1642. It is sup- 
 posed the dissensions between the King and the 
 Parliament so affected his health as to have hastened 
 his dissolution. The Lord Inchiquin, who had mar- 
 ried St. Leger^s daughter, was appointed by the 
 Lords^ Justices to the vacant office of President of 
 Munster. During his presidency there was, accord- 
 ing to the Eev. Mr, Gibson, historian of Cork, a daring 
 and decided measure adopted for turning the native 
 Irish out of Cork, Youghal, and Kinsale, and to justify 
 this, a plot was said to have been discovered. 
 
 A tract, published in London in 1644, entitled 
 A Plot Discovered in Ireland, and prevented with- 
 out the Shedding of Blood,^^ bears the name of 
 Jane Coe. The following extracts show the terri- 
 ble rancorous spirit of these fearful times : — I know 
 you have heard how my Lord Inchiquin hath put the 
 Irish out of Cork in July last, and not without much 
 cause, for there was a most horrid, damnable, and 
 bloody plot of conspiracy invented and practised by 
 
The Munster Circuit. 
 
 41 
 
 the Popish priests and bloodthirsty Jesuits, and the 
 same of a sudden to be put in execution by the 
 townsmen of Cork, who were confederates with that 
 bloody arch-rebel, the Lord of Muskerry/' 
 
 The tract describes the nature of the plot, the 
 discovery, and execution of the priests, and thus 
 continues : — " For the rest of the townsmen they 
 had engaged themselves in this inhuman conspiracy, 
 they were so many in number, and being at least 
 six to one of our English, they could not so well be 
 taken, or apprehended without great danger and 
 much effusion of blood on both sides. But the 
 Governor of Cork, and the rest of the chief com- 
 manders, for the better prevention of so great a 
 danger, devised a remarkable counter-plot (for the 
 taking and apprehending the town conspirators 
 rather by policy than by violence), and for that 
 purpose caused Captain Muschamp, Governor of the 
 Great Fort of Cork, to feign to be drunk. And so, 
 as it were, in a merry humour, invited himself to 
 Master Major (Mayor) ^ his house to dinner; and, 
 accordingly he dined there, and, after the Irish 
 fashion, was kindly entertained, and divers cups 
 passed around of sack, claret, and usquebaugh, in 
 friendly manner, to welcome him, and make him the 
 more merrily disposed. And sitting at dinner they 
 discourse of divers matters concerning the present 
 distractions of these times, and divers propositions 
 were made, and every one gave their opinions ac- 
 cording to their own apprehensions ; and, amongst 
 
 2 Sir Eobert Coppinger, a B/oman Catholic, and staunch 
 adherent of the House of Stuart, was then Major. 
 
42 
 
 The Munster Circuit. 
 
 other discourses, Captain Muschamp, seeming to be 
 in merry humour, did speak these, or such hke 
 words : — 
 
 " ' Well, Master Major, if that it should please 
 God that the Parliament ships were in the harbour 
 of Cork, if you and the rest would not take the 
 covenant to be true to the King and Parliament^ I 
 protest I would, with the great ordnance in the 
 fort, beat down all the houses in Cork about your 
 ears/ 
 
 With that the Major and the rest of the com- 
 pany rose up in a great fury, and said ' that he had 
 spoken treason, and he should answer it and so 
 they brought him before the Governor, and repeated 
 the words he had spoken, desiring that he might be 
 proceeded against according to law, in such cases 
 provided. 
 
 Whereupon the Governor gave many thanks to 
 Master Major in showing himself so good a subject 
 in discovering such a treason as that was, saying, 
 ' it was time to look about, as when we shall have 
 the chief officers that are put in trust with matters 
 of such concernment as he was, being Governor of 
 the King^s forts, should speak such treasonable words. 
 And, therefore. Master Major, you shall have my best 
 assistance, and such punishment shall be inflicted upon 
 him as martial law will permit.^ 
 
 So the Major, for the present, departed, and the 
 martial law was called. And the Council of War 
 met, and sat upon his trial. The business examined, 
 the witnesses produced, the words were proved against 
 him, and being found guilty he was condemned by 
 
The Munster Circuit, 
 
 43 
 
 the Council of War, and liad his sentence given — 
 to be hanged next day. 
 
 ^^And at the time appointed, the sheriffs and the 
 greatest part of the city came to see the execution ; 
 and the prisoner was brought out of the city, well 
 guarded, with a company of musqueteers ; and when 
 they perceived that the chiefest and most dangerous 
 men of the city were come out of the gates, the 
 word was given, and the prisoner. Captain Mus- 
 champ, being set at liberty, did command his officers 
 to lay hold on all the chiefest of the citizens, and 
 carry them prisoners to the fort whereof he was 
 captain and governor. And as soon as they were 
 taken, the chiefest aldermen and others in the city 
 were taken, and kept prisoners as hostages to secure 
 the English as well within as without the gates, 
 which were at that instant shut up, and the draw- 
 bridge taken up, so that none could come in or go 
 out, till all the matters were pacified. 
 
 ^^And in the meantime there was a proclamation 
 made, that if the Irish resisted the English, the sol- 
 diers should shoot them; and if any English were 
 killed in that broil the chiefest of the city should be 
 hanged over their walls ; which proclamation did so 
 terrify the Irish that they were all glad to be quiet, 
 and so there was no great hurt done, which was 
 much to be admired, that a matter of so dangerous 
 a consequence should be effected without any further 
 trouble, and the projectors thereof highly to be 
 commended in devising such a stratagem of mercy 
 in time of such troubles and rebellion to prevent the 
 shedding of guileless blood.^^ 
 
44 
 
 The Mtmster Circuit, 
 
 We learn how suddenly the citizens were deprived 
 of house and home by this occurrence^ from the 
 account of his travels by Monsieur Boullaye Le Gouz, 
 a French gentleman, who visited Cork after the ex- 
 pulsion. He had befriended in Paris a Cork young 
 gentleman named Neuel, probably Neville, still a 
 respectable name in Cork, and in return for his 
 kindness, as he mentioned to Mr. Neville his in- 
 tended journey to Ireland, the Irishman hospitably 
 asked him to travel with him, as he was homeward 
 bound, and, when in Cork, he should be the guest 
 of Mr. Neville^s father. M. Le Gouz consented, to 
 this proposal, and, in due time, they reached the 
 city on the Lee. But 1644 found the Catholics re- 
 pulsed from the city, and strangers placed in their 
 homes. Young Neville, unaware of the circum- 
 stance, reached the house which his family con- 
 sidered theirs. To his summons and inquiry a strange 
 servant replied, " he knew no such person as Mr. 
 Neville.^^ Young Neville had an interview with 
 the then master. He said he had obtained a grant 
 of the house from the Governor. It was then un- 
 occupied, and he heard that one Mr. Neville formerly 
 resided there. This was cold comfort for the youth, 
 who hoped to give his French guest an Irish wel- 
 come. With a sad and sorrowful heart he sought 
 the house of a kinsman, who, luckily, had not left 
 the city to see Captain Muschamp hanged. He 
 received young NeviUe and his friend most kindly, 
 and the young man joined his father and family in 
 Spain. 
 
 The comments of the reverend historian of Cork 
 
The Miinster Circuit. 
 
 45 
 
 on this transaction are not very complimentary to 
 the participators : — 
 
 ^^The affair described by Jane Ooe was, no doubt, 
 very clever, bat very disgraceful, especially to men 
 of authority. This anti-Popish plot was worthy of 
 a pot-house. The governor of an important fort 
 feigns drunkenness, staggers, uninvited, to the 
 mayor^s house, broaches treason, is arrested, has a 
 sham trial — his judge being in the plot — and is 
 condemned to be executed. The principal inhabi- 
 tants go out to see him hanged, and, at a given 
 signal, are seized and turned out of the city, to 
 wander as vagabonds up and down the country/^ ^ 
 Lord Inchiquin, the instigator of this scheme, was 
 confirmed in the office of President by the English 
 Parliament. But the records of the Munster circuit 
 are a blank for some years. The civil authority 
 ceased in Cork on the 28th of July, 1644, and was 
 not renewed till the year 1655, when John Hodder 
 was elected Mayor. 
 
 Cromwell, during his sojourn in Ireland, went the 
 Munster circuit. He had his own method of gene- 
 ral gaol delivery, and, from the way he treated the 
 ill-fated inhabitants of Drogheda, few towns offered 
 resistance to his entrance — of these, however. Water- 
 ford was one. He could not take the urhs intacta 
 for a long period. As few witty sayings of the 
 grim-visaged Protector have reached us, I give one 
 he made while on the Munster circuit. 
 
 Being in want of ordnance, he ordered the church 
 bells of Cork to be cast into siege-guns. Some of 
 3 Gibson's " History of Cork," vol. ii. p. 82. 
 
46 
 
 The Mtmster Circuit. 
 
 his fanatical oflScers remonstrated with him upon 
 the sacrilegious use he was making of these appurte- 
 nances to places devoted to the worship of the Most 
 High. Cromwell replied, Since guijpowder was in- 
 vented by a monk, surely it is not wrong to promote 
 church bells into canonsJ' 
 
 Another specimen of Cromwell^s humour is this. 
 Mr. Magner, of Castle-Magner, near Mallow, went 
 to Cork to pay his respects to the Lord Protector, 
 possibly with a view to remove impressions of the 
 hostility of Mr. Magner to the Puritans. Cromwell 
 was told he was a Malignant, and had given much 
 trouble to the Parliamentary adherents during the 
 civil war. Cromwell received him with apparent 
 friendliness — expressed the pleasure he felt at Mr. 
 Magner^s visit, and on his taking leave Cromwell 
 entrusted him with a letter for Colonel Phair, then 
 commanding the Parliamentary forces in Munster. 
 
 Mr. Magner, possibly distrusting the cordial re- 
 ception he received from Cromwell, thought it pru- 
 dent to ascertain the contents of the letter he was to 
 deliver to Colonel Phair. His sagacity was rewarded 
 by discovering it was a warrant for his death, 
 couched in the laconic words, " Execute the Bearer J ^ 
 
 Eichard Magner then and there resolved he 
 would not be the victim of Oliver's vengeance, but 
 he would allow some one else to carry the fatal 
 order. Now, there was in command of the garrison of 
 Mallow an officer who had incurred Magner's enmity by 
 seizing his flocks and damaging his property. He 
 therefore called upon this officer, and, handing him 
 the letter, carefully resealed, said, "the Lieutenant- 
 
The Munster Circuit, 
 
 47 
 
 General requested it should be delivered to Colonel 
 Phair in person, without delay/^ 
 
 Proud of his mission, the officer prepared to deliver 
 it at once, and Magner went to his home. When 
 Colonel Phair read the letter, knowing the character of 
 the stern Roundhead who brought it, and conscious 
 there was a mistake somewhere, he hesitated to carry 
 out the contents until he communicated with Crom- 
 well. This saved the officer^s life. Cromwell then 
 knew he had been out-generaled ; and we may be sure 
 Mr. Eichard Magner took good care to give him no 
 other opportunity of ordering his execution. 
 
 Among those adherents of Cromwell who obtained 
 grants of land in Munster, was Sir William Penn. He 
 first got the castle of Macroom, and resided there in 
 1656, which caused the belief that his celebrated son, 
 William Penn, of Quaker celebrity, was born in Mac- 
 room Castle ; but he was born in London on the 1 1th 
 of October, 1 644 — twelve years before the admiral, his 
 father, went to Macroom. 
 
 When Cromwell was appointing commissioners for 
 civil affairs in Ireland, he appointed Miles Corbet — 
 one of the regicides who sat upon the trial of King 
 Charles I. — Commissioner for Munster. This barrister 
 was afterwards Chief Baron of the Irish Court of Ex- 
 chequer, and obtained a grant of the Condon property 
 on the river Puncheon, which was divided between 
 him and the Lord Deputy Fleetwood. This property 
 was then called Cloghlea^h, from the stately castle of 
 the Condons, built on a lofty ledge of rock, rising from 
 the brink of the river, and now forming a striking and 
 picturesque feature in Moor Park, the demesne of the 
 
48 
 
 The Mtmster Circuit, 
 
 Earl of Mountcashel. The Lord Deputy wished to 
 change the Irish name of Cloghleagh for Kilworth, a 
 place in Leicestershire, near which he was born. Cor- 
 bet would have retained the old name ; but being the 
 less powerful of the grantees, had to yield, and thus 
 the Leicestershire name is given to the Irish post- 
 town. Kilworth, we shall see later on, produced 
 another Irish Chief Baron, a very much abler lawyer 
 than Chief Baron Corbet — the late Right Honourable 
 David R. Pigot, for many years one of the leaders and 
 ornaments of the Munster circuit. 
 
 Through CromwelFs influence, Ireton, his son-in- 
 law, and one of his ablest generals, became Lord Pre- 
 sident of Munster. Ireton appointed Cook, who had 
 been, unhappily for himself, solicitor-general during 
 the trial of King Charles I., Judge of the Provincial 
 Court. He also had grants of land in the county of 
 Cork, whence Castle Cook — long the seat of the 
 respectable county of Cork family of Cook-CoUis — 
 bears its name. 
 
 This provincial judge was not allowed to end his 
 days tranquilly. Shortly after the restoration of Charles 
 II., diligent search was made for all the surviving 
 regicides, and Cook was arrested. In those days, 
 when men^s tempers were boiling over with loyalty for 
 the son of the martyred king, conviction and execution 
 rapidly followed on trial, and the Munster Provincial 
 Court lost its judge by his execution. Ireton was dead, 
 and his judge. Cook, was executed, and Lord Orrery, 
 son of the celebrated Earl of Cork, was Lord President 
 of Munster after the restoration. Among the papers 
 of Sir John Henry Butler, of the Ormond family, I 
 
The Munster Circuit. 
 
 49 
 
 find the following charge to the grand jury, showing 
 that law and order was being re-established : — • 
 
 Gentlemen, — In obedience to this command, and 
 in pursuance of the trust reposed in us by this com- 
 mission, which you have heard, we are thus publicly 
 and openly assembled here to-day — a day which, to us, 
 is a calm after a tempest; a sunshine after a f og ; a 
 time of peace and tranquillity after the horror and 
 confusion of an intestine war, and the distraction of an 
 unsettled Commonwealth. 
 
 It were but the loss of much time and labour, to 
 discant on the present state of things, or to cast into 
 the balance the advantages and emoluments of a peace- 
 able and orderly Government, with the spoils, rapines, 
 and innumerable calamities of a rebellious and domestic 
 war. You all that are now partakers of the benefit of 
 the one, can give a more ample and judicious account, 
 having a more distinct remembrance, and some of you 
 a woeful experience of the effects of the other. Re- 
 ligion, the mother of peace ; plenty, the daughter ; 
 and law, the guardian ; how often, how long have they 
 been obscured, estranged, and ravished from us ; and, 
 in their stead, heresy had misguided us, famine diseased 
 us, and the lawless arbitrary humours of evil men un- 
 done us ! But now, through the great goodness of 
 God, and the prudent care of him that governs us, we 
 begin to recover from our miseries, and return to our 
 pristine establishment. Religion is preserved to us in 
 so many shapes, and preached to us by so many mouths 
 of all sects, that, unless we be blind and deaf, we can- 
 not miss it. Plenty was never more generally, more 
 sensibly, known to this nation. The windows of heaven 
 
 E 
 
TJie Munster Ciraiit, 
 
 are largely opened^ and the fertile womb of the earth 
 hath prodigally delivered her burthen to our comfort 
 and refreshment ; inasmuch that I might well say, 
 there is a cornucopia among you/^ 
 
 Having detailed the usual bills to go before the 
 grand jury, he referred to the following, which, being 
 now nearly all obsolete, may be considered curious. I 
 accordingly enumerate them. They show the care and 
 regard paid to the morality of the people, which, pro- 
 bably, was enjoined by Oliver Cromwell and the Puri- 
 T3ans. The grand jury were to inquire as to parties for — 
 1 . Profaning the Sabbath by keeping fairs or 
 markets, by manual labour, by plays, haunting taverns 
 and ale-houses. 
 
 ^^2. Cursers and common swearers. 
 
 3. Common turbulent drunkards. 
 
 4. Common adulterers. 
 
 5. Fornicators. 
 
 6. Keepers of common gaming-houses, and common 
 gamesters. 
 
 7. Alehouse keepers that keep disorder in their 
 houses. 
 
 8. Plowing by the tail. 
 
 9. Pulling the wool of living sheep. 
 
 10. Burning of corn in the straw. 
 
 ^^11. Selling of wine, ale, or any other liquor, in any 
 town franchised, by measure not sealed. 
 12. Cosherers and idle wanderers.^^ 
 
 The belief in witchcraft caused many cases to be 
 tried in England and Scotland. The following shows 
 the legal annals of Ireland are not free from these 
 odious accusations. 
 
The Miinster Circuit. 
 
 51 
 
 CHAPTER IV. 
 Trial of Florence Newton for Witchcraft. 
 
 The case of Florence Newton, tried for Witchcraft, 
 is published in Sudduciasmus Triumphatics, or, a 
 full and plain Evidence concerning Witches and 
 Apparitions/^ by Joseph Glanvill, Chaplain to King 
 Charles II , F.R.S. The Report of the Trial was 
 communicated to tbe Rev. J. Glanvill by Valentine 
 Greatrecks, who obtained the notes of the Judge, 
 and who was examined at the trial. 
 
 In my Lives of the Lord Chancellors of Ireland 
 I give an account of tbe proceedings against Dame 
 Alice Kyteler for Witchcraft in Kilkenny, while Roger 
 Utlagh was Chancellor. This was in the reign of King- 
 Edward II., A D., 1330. Yet, after a lapse of three 
 centuries, the belief in witchcraft was still flourishing, 
 and, in the Gaol of Cork, for trial at the Autumn Assizes 
 of 1661, during the reign of the Merry Monarch, lay an 
 aged crone, named Florence Newton, charged with be- 
 witching one Mary Longdon, and grievously torment- 
 ing her, and bewitching one David Jones, whereby he 
 languished and died. 
 
 The prisoner, a miserable old creature, was brought 
 for trial to the Cork Assizes on the 11th September, 
 1661. The presiding Judge was Sir William Aston. 
 
 E 2 
 
52 
 
 The Muftster Circuit 
 
 His patent as one of the Justices of the Court of King^s 
 Bench in Ireland, records ^^that the King had ap- 
 pointed him, in consideration of his singular honesty, 
 ability, and integrity, his early and ready appearance 
 for the King, and loyalty to his Majesty/^ ^ 
 
 The case excited no ordinary interest, for Sir 
 William Domville, then Attorney-General for Ireland, 
 attended, and conducted the prosecution. The prisoner, 
 having pleaded Not Guilty,^^ and the case being 
 stated to the jury, Mary Longdon, the alleged victim, 
 being sworn, and desired to look on the prisoner be- 
 came very pallid, and was very fearful to look towards 
 her, but at last she did, and identified her as Florence 
 Newton, whom she had known for three or four 
 years/^ 
 
 In answer to the questions put, she stated, that 
 at Christmas the prisoner came to her at the house 
 of J ohn Pyne, in Youghal, where witness was a servant, 
 and the prisoner asked her for a piece of beef out of 
 the powdering (salting) tub/^ That when the witness 
 replied, she could not give away her master^s beef,^^ 
 the prisoner became very angry, and said, — 
 
 " Thou had^st as good have given it me,^^ and went 
 away grumbling. 
 
 About a week after, when witness was going for 
 water, with a pail on her head, she met the prisoner, 
 who threw the pail off her head, and violently kissed 
 her, and said, " Mary, I pray thee let thee and me be 
 friends j for I bear thee no ill-will, and I pray thee do 
 thou bear me none.^^ Then witness went home, and, 
 
 ^ Smyth's " Law Officers of Ireland," 106. 
 
The Munster Circuit, 
 
 53 
 
 within a few days, she saw a woman, with a veil over 
 her face, stand by her bed, together with a little old 
 man in silk clothes, who witness took to be a spirit. 
 He drew the veil from the face of the woman, and 
 then witness knew it was the prisoner. 
 
 That the spirit spoke to the witness, and would 
 have her follow his advice, and she would have all 
 things after her own heart but she replied, she 
 would have nothing to say to him, for her trust was in 
 the Lord/' 
 
 That within a month after the prisoner had kissed 
 her, she, witness, became subject to fits or trances, of 
 such violence, that three or four men could not hold 
 her. These fits were accompanied by vomiting needles, 
 pins, horse-nails, stubbs, wool, and straw. A little 
 before the commencement of these fits small stones 
 fell upon her head, shoulders, and arms, and these 
 stones would follow her as she went up and down, 
 and in different parts of the room, and, after hitting 
 her, they fell on the ground and vanished. That she, 
 and others, could see them hit her, and then fall on the 
 ground, and could never take them, only some few which 
 she, and her master, caught in their hands. Amongst 
 which was one that had a hole in it. This she tied, as 
 she was advised, with a leather thong to her purse ; 
 but it vanished immediately, though the leather re- 
 mained tied in a fast knot. 
 
 That in her fits she often saw the prisoner, and 
 cried out against her for tormenting the witness, for 
 she would stick pins in her arms, and some so fast 
 that a man must pluck three or four times to get out 
 the pins. Sometimes the witness would be removed 
 
54 
 
 The Minister Circuit, 
 
 out of her bed into another room, sometimes carried 
 to the top of the house, laid on a board between two 
 collar beams, sometimes put into a chest, sometimes 
 under a parcel of wool, sometimes between two feather 
 beds, sometimes between the bed and the mat in her 
 master^s chamber, this took place in the daytime. 
 
 On being asked, how she knew she was thus carried 
 about, and disposed of, seeing, in her fits, she was in 
 such violent distraction, she answered, She never 
 knew where she was till they of the family, and the 
 neighbours with them, would be taking her out of the 
 places whither she w^as so removed/^ 
 
 On being asked how she could think it was Florence 
 Newton that did her this prejudice ? witness replied, 
 
 because the prisoner threatened her, and because, 
 after the prisoner kissed her, she fell into three fits, 
 and that she both saw and felt the prisoner tormenting 
 her, and that, when the people of the family, by advice 
 of the neighbours, and consent of the Mayor, sent for 
 Florence Newton to come to the witness, and when 
 she came witness was always worse, and her fits more 
 violent than at other times 
 
 That, when the prisoner was committed to gaol at 
 Youghal, the witness was not troubled till a little after 
 the prisoner was removed to Cork, and then witness 
 was unwell, as before. And the Mayor of Youghal 
 then inquired from Cork whether the prisoner was 
 bolted (as witness was told), and, finding she was not, 
 orders were issued to have her bolts put on her, which, 
 being done, caused witness to become well again, and 
 so she continued ever since. 
 
 Being asked if she had these fits before Florence 
 
The Munster Circuit, 
 
 55 
 
 Newton kissed her/^ she said^ Never ; but believed 
 tbe kiss bewitched her^ and she heard, from Nicholas 
 Pyne and others, that Florence Newton confessed as 
 much/^ 
 
 This extraordinary evidence being concluded, a scene, 
 quite in accordance with the evidence, and which must 
 have been regarded as strongly corroborative — ensued. 
 I give it in the words of the report : — 
 
 This Mary Longdon, having closed up her evidence, 
 Florence Newton peeped at her, as it were, betwixt 
 the heads of the bystanders that intercepted betwixt 
 her and the said Mary, and, lifting up both her hands 
 together, as they were manacled, cast them in an angry, 
 violent manner (as was seen and observed by W. Aston) 
 towards the said Mary, as if she intended to strike her 
 if she could have reached her, and said, * Now she is 
 down ! ' 
 
 Upon which the maid fell suddenly down to the 
 ground like a stone, and fell into the most violent fit, 
 that all the people that could come to lay hands on her 
 could scarce hold her, she biting her own arms, and 
 shrieking out in a most hideous manner, to the amaze- 
 ment of the beholders, and continuing so for about a 
 quarter of an hour (the prisoner sitting by herself all 
 that while, pinching her own hands and arms, as was 
 seen by some that observed her). The maid was 
 ordered to be carried out of Court, and taken to a 
 neighbouring house. Several persons soon brought 
 in word the maid was in a vomiting fit, and they brought 
 in several crooked pins, and straw, and wool, in a 
 white foam, like spittle, in great proportions. Where- 
 upon the Court, having taken notice what the maid 
 
56 
 
 The Micnster Circuit, 
 
 had said^ she had been very well when the said 
 Florence was in bolts^ and ill again when out of them 
 till they were put on her/^ demanded of the jaylor, 
 if she were in bolts or no ? I think/^ he said, 
 she was not, but only manacled/^ Upon which order 
 was given to put on her bolts, and, upon putting them 
 on, she cried out, she was killed ; she was undone, 
 she was spoilM. "Why do you torment me ? and so 
 continued complaining grievously. 
 
 Shortly word was brought in the maid was well, on 
 which the prisoner uttered these words, " She is not 
 well yet/^ On being asked how she knew the maid 
 was not well yet, she denied having said those words, 
 and being told, many in Court heard her,^^ she re- 
 plied, " If she did, she did not know what she said, 
 being old and disquieted, and distracted with her 
 sufferings/^ 
 
 The maid, being sufficiently recovered, was sent home 
 to Youghal. 
 
 The maid^s fit in Court, with the circumstances 
 already stated, and the words used by the prisoner, 
 were then urged as proof of the devilish practices of 
 the prisoner on trial. 
 
 Nicholas Stout, who had filled the oflBces of bailiff 
 and Mayor of Youghal, was examined by the Attorney- 
 General. He deposed that he had often tried the prisoner; 
 and, having heard that witches could not say the Lord^s 
 Prayer, asked the prisoner to do so, and found she 
 could not. 
 
 Here the prisoner cried out " she could,^^ and, leave 
 being given to her, she commenced ; and, four times 
 after repeating " Give us this day our daily bread,^^ 
 
The Munster Circuit. 
 
 57 
 
 she continually said, as we forgive them/^ leaving out 
 the words and forgive us our trespasses/^ upon which 
 the Court appointed a person near her to teach her 
 the words thus left out. But she either could not, or 
 would not, say them. 
 
 John Pyne, a bailiff of Youghal, in whose service 
 Mary Longdon then was, being examined, most fully 
 corroborated her story, to near the minutest parti- 
 cular. Indeed, now reading over his testimony, — de- 
 scribing the stones thrown at her, hitting her, then 
 falling on the ground, and vanishing; catching 
 one with a hole, which the maid tied to her purse, 
 and which vanished, leaving the string tied ; the fits, 
 and her removal to the warm places she deposed to ; 
 her vomiting wool, pins, horse-nails, straw, and needles, 
 with white foam or spittle, — had the time been less 
 sceptical, we might imagine a preconcerted conspiracy 
 against the alleged witch. 
 
 Nicholas Pyne, also a native of Youghal, was exa- 
 mined. He swore that the second night after that the 
 witch was in prison, 24th March, he and Joseph Thomp- 
 son, Roger Hawkins, and others, went and told her, 
 
 it was the general opinion of the town she had be- 
 witched the maid, and desired her to say if she be- 
 witched her or no.^^ She said, she had not bewitched 
 her, but it might be she had overlooked her, and that 
 there was a great difference betwixt bewitching and 
 overlooking y and that she could not have done her any 
 harm if she had not bewitched her, and that therefore 
 she had kissed her.^^ And she said What mischief 
 she thought of at that time she kissed her, that would 
 fall upon her.^^ The prisoner would not confess she 
 
58 
 
 The Mtinsier Circuit. 
 
 had wronged the maid^ and fell upon her knees and 
 prayed God to forgive her for wronging the poor 
 wench/^ They wished the maid might not be wholly 
 destroyed by her^ to which the prisoner replied, It 
 must be another that must help her, and not they that 
 did the harm/^ and then she said, there were others, 
 as Goody Halfpenny and Goody Dod in town, that 
 could do these things as well as she,^ and it might be 
 one of them that did the maid wrong/^ 
 
 That towards evening the door of the prison shook, 
 and the prisoner rose hastily, and asked, What makes t 
 thou here this hour of the night ? and there was a 
 noise, as if somebody with bolts and chains was run- 
 ning up and down the room. They asked the prisoner 
 
 what it was she spoke to, and what made the noise ? 
 She said, " she saw nothing, neither did she speak, or, 
 if she did, she knew not/^ But next day she confessed 
 *^ it was a spirit, and her familiar, in the shape of a 
 greyhound/^ 
 
 Witness further stated he and Mr. E. Perry, for 
 trial of her, took a tile off the prison, next to the 
 place where the witch lay,' and carried it to the house 
 where the maid lived, then put it into the fire till it 
 was red hot, and then dropped some of the maid's water 
 upon it, and the witch was then grievously tormented ; 
 and when the water was removed, she was well again. 
 (This test of witchcraft was suggested to the witness 
 
 2 There is, I believe, in Italy, a dread of II jettatura — the 
 Evil Eye— and what is called Fairy Stroke, or overlooking, 
 is yet prevalent in Ireland. 
 
 * All the witnesses speak of the prisoner as the witch, that 
 being the very point for determination by the jury. 
 
The Mimster Circuit. 
 
 59 
 
 at Cashel, by one William Lap). This witness also 
 corroborated the former evidence as to the stones^ fits^ 
 vomitings, and removals of the maid, while in tlie 
 fits. 
 
 Edward Perry, Bailiff of Youglial, and subse- 
 quently Mayor of Youghal, deposed that he and Mr. 
 Greatraix/ with Mr. Blackwall, resolved to try their 
 test on the prisoner, so they sent for the witch, and 
 set her on a stool, and a shoemaker, with a strong 
 awl, tried to stick it in the stool, and could not till 
 the third time. They then bade her come off the 
 stool; but she said ^^she was very weary, and could 
 not stir.^^ Then two of them pulled her off, and the 
 shoemaker went to pull out his awl, and it dropped 
 into his hand with half an inch broken off the blade. 
 They all looked to have found where it had been 
 stuck, but could find no trace of any entry. Then 
 they took another awl, and put it into the maid's hand, 
 and then violently struck at the witches hand with it, 
 but could not pierce it through, the awl was so bent, 
 
 * Yalentirie Greafcraks — called the Stroker — from curing 
 diseases by stroking the parts affected with his hands, was 
 born in the Castle of Affane on the 14th February, 1628. 
 He evidently anticipated our modern mesmerism, and ap- 
 pears to have had very considerable success. His cures were 
 attested by many contemporaries. The celebrated Eobert 
 Eoyle and Mr. Cudworth attest his success. He never 
 tried his curative powers for any reward; but, supposing 
 his power came from God, freely gave it for His sake. His 
 remedial power, as in case of mesmerism, seems to have 
 depended much upon the subject of his passes or strokes. 
 They were, with some, efficacious at once, with others slow ; 
 ^nd, with some, ineffectual. 
 
6o 
 
 The Miuister Circuit'. 
 
 none of them could straighten it. Then Mr. Black- 
 wall took a lance, and lanced one of her hands deeply, 
 but no blood flowed. He then tried the other, and 
 then both bled. Witness also deposed, that v/hen in 
 prison, the witch denied " she ever said her familiar 
 was in the shape of a greyhound, or that she had be- 
 witched the maid ; but confessed she had overlooked 
 her when she kissed her.^^ * 
 
 Mr. Wood, Independent Minister, appointed to 
 Youghal under the Commonwealth, was then examined. 
 He accompanied the maid^s brother, and saw her in 
 the fits, heard her saying the prisoner had bewitched 
 her, and when he caused the prisoner to be secretly 
 brought into the room, the torments of the maid in- 
 creased, and diminished when the prisoner was also 
 privately removed. When the witch was outside the 
 chamber the maid would desire to go to prayers, and 
 he found good affections in her in time of prayer ; but, 
 when the witch was brought in, though never so 
 privately, the uiaid would become senseless, and like 
 to be strangled. 
 
 Richard Mayer, Mayor of Youghal, then deposed, 
 that about the 24th March last, he sent for the 
 prisoner, and she at first denied about the maid, and 
 accused Goodwife Halfpenny, and Goodwife Dod for 
 tormenting Mary Longdon ; but, when he caused a 
 boat to be prepared, and intimated his intention to 
 
 * My pious, learned, and ever kind friend, Rev. Canon 
 Hayman, Rector of Douglas, County Cork, from whose 
 annotated transcript I am condensing this strange trial, very 
 appropriately suggests " Could this superstition have arisen 
 from Judas betraying our Redeemer with a kiss ? " 
 
The Mitnster Circuit, 
 
 6i 
 
 subject the three suspected women to the test of the 
 water experiment/ the prisoner confessed ^^she had 
 overlooked her, and done her wrong with a kiss, for 
 which she was heartily sorry, and desired God to for- 
 give her/^ That when the witch was present the 
 maid^s fits increased, and she was better when the 
 prisoner was removed. He also confirmed the state- 
 ment about the effects of the bolts, and said three 
 aldermen of Youghal had children kissed by the 
 prisoner, and thereupon they speedily died. 
 The report then proceeds : — 
 
 Hitherto we have heard the most undeniable evi- 
 dence touching Florence Newton^s witchcraft — upon 
 Mary Longdon — for which she was committed to 
 Youghal Prison, March 24th, 1661. The April fol- 
 lowing she bewitched one David Jones to death, by 
 kissing his hand through the bars of the prison door. 
 
 The indictment was also tried at Cork, at the same 
 Assizes, and sworn to as follows : — 
 
 Elenor Jones, relict of said David Jones, swore, 
 that in April last her husband, having been out all 
 night, came home early in the morning, and said to 
 her, "Where dost think I have been all night. I, 
 and Frank Besely, have been standing continually over 
 
 • The ordeal by water, a well-known test of witchcraft, was 
 thus used. The suspected witch was cross-bound ; the thumb 
 of the right hand tied to the great toe of the left foot, and the 
 left thumb to the right toe. She was then immersed in deep 
 water. As the belief was then water would not receive any 
 guilty person, if she floated she was taken out and burned or 
 hanged; if she sank, she was taken out, perhaps alive, but 
 most probably drowned. 
 
62 
 
 The Mtmster Circuit. 
 
 the witch/^ Then the witness said^ *^^Why, what 
 hurt is that ? Hurt/' quoth he, marry, I doubt 
 it's never a job the better for me, for she hath kissed 
 my hand, and I have had a great pain in that arm^ 
 a,nd I verily believe she hath bewitched me/' To 
 which witness answered, The Lord forbid." Then, 
 all that night, and continually from that time, he was 
 restless, complaining of great pain in his arm, and 
 thence to his heart, crying out against Florence 
 Newton, and, about fourteen days after he died. 
 
 Francis Besely deposed that, meeting the deceased 
 David Jones, they counselled about Florence Newton, 
 then a prisoner in the Youghal Prison, ot whom it 
 was reported she had several familiars visiting her in 
 different shapes, and they agreed to watch one night, 
 to see if any cats, or other creatures, resorted to her 
 through the grate. They went, and Jones said to the 
 prisoner, ^^he heard she could not repeat the Lord's 
 Prayer." He tried to teach her, but she could not 
 say it. When they withdrew from her she called 
 David, come hither." He went, though witness 
 tried to keep him away. The prisoner then tried to 
 repeat the Lord's Prayer, but never could say, For- 
 give us our trespasses so David again taught her, 
 which she seemed to take thankfully, and told him 
 she had a great mind to kiss him, but that the grate 
 ^hindered, but desired she might kiss his hand." 
 Whereupon, he gave her his hand through the grate, 
 and she kissed it. Towards break of day they left, 
 and soon after witness heard Jones was ill. The 
 witness visited Jones, found him in great pain, and he 
 complained the old hag had bewitched him, and 
 
The Minister Circuit, 
 
 63 
 
 that he laid his death at her door/^ After fourteen 
 days languishing, David Jones died. This closes the 
 account I have condensed. Though we are not in- 
 formed of the verdict^ we may assume it was to find 
 Florence Newton a witch^ and to punish her accord- 
 ingly — either by hanging or burnings as was usual in 
 such like cases. 
 
64 
 
 77^1? Munster Circuit. 
 
 CHAPTER V. 
 
 Jacobite and Williamite Wars. — Sagacity of Sir Richard Cox, 
 Consulting Counsel in 1715.— Convivial Habits of the Irish 
 Bar. — Apartments in Hell. — Sir Toby Butler. — Feeing the 
 Solicitor- General. — A Popish Discoverer baffled. 
 
 The judges found great difficulty in restraining the 
 violence of the nobility. Donough, Earl of Clancarty, 
 was entrusted by Lord Tyrconnell, Lord Lieutenant 
 of Ireland — while James II. was king — with the com- 
 mand of the cavalry of Munster. Finding himself 
 without horses and arms for his men, he resolved to 
 procure both. He attacked Castlemartyr, the seat of 
 Colonel Boyle (now the splendid mansion of the Earl 
 of Shannon), and took horses and arms to mount and 
 equip 150 troopers. He was also successful in ob- 
 taining a large supply in Cork, and in the towns 
 of the county. He spared neither rich nor poor. At 
 Mallow, he took the horse of a butcher, who com- 
 plained to the judge of assize. The judge ordered 
 the earl to make restitution. The noble lord promised 
 compliance, and sent his troopers to perform it ; but 
 they tossed the poor butcher in a blanket so violently, 
 they broke every bone in his body, and he died from 
 the eflFects of this practical joke. His family obtained 
 compensation from King William III.^ and the lands 
 
The Munster Circuit. 
 
 65 
 
 they acquired from the MacCarthy family were called 
 the estate of the Butcher of Conscience.^^ ^ 
 It appears that between provincial courts and manor 
 courts a great deal of money was expended at this 
 time in litigation on the Munster circuit. Thus, in 
 the memoir of Sir Richard Cox, I find that, previous 
 to his going to the bar, he had a lucrative practice 
 as an attorney in the manor court of Bandon, whereof 
 his uncle was seneschal. His practice extended 
 throughout a good part of the Munster circuit, and 
 his ability was so conspicuous he was advised to go 
 to the bar. He did so, and was called by the benchers 
 of Gray's Inn, on the 9th of August, 1673. The Mon- 
 day before his call, he argued the Eeaders case, on 
 short warning, so much to the satisfaction of a nume- 
 rous and distinguished legal audience, that Sir Francis 
 RadclifFe — afterwards Earl of Derwentwater — offered 
 him lOOZ. a year and other great advantages if he would 
 settle near him in the north of England. Fortunately 
 he declined this offer. He rose from rank to rank — 
 was knighted, then created a baronet. Judge of the 
 Common Pleas, Lord Chief Justice, Lord High Chan- 
 cellor of Ireland, and several times Lord Justice. 
 
 That he was possessed of much sagacity, the mode 
 in which he tested the accuracy, or rather the in- 
 accuracy, of a deserter from the camp of James II., 
 may be quoted as a proof. When the forces of Wil- 
 liam and James were encamped upon opposite banks 
 of the river Boyne, Mr. Cox was then Secretary to 
 Sir Robert Southwell, a minister in attendance on 
 
 1 Gibson's " History of Cork," vol. ii. p. 144. 
 
66 
 
 The Mtinster Circuit. 
 
 King William. Sir Robert^ on Mr. Cox^s informa- 
 tion^ informed King William of the strength of the 
 Jacobite forces. An officer was brought before the 
 king, who had lately deserted from the Irish camp, 
 and he stated the number and position of Jameses 
 troops with such confidence that he quite startled 
 the commander of the allied army, for they were 
 nearly double the number given by Mr. Cox. The 
 king, in much trepidation, sent for Sir Robert South- 
 well, and told him he must have been misinformed, 
 for the forces of the Irish were far more numerous than 
 he was led to believe. 
 
 Sir Robert, much chagrined, spoke to Mr. Cox, 
 asking how he could have made so serious a blunder.^^ 
 Mr. Cox bade him not be in the least alarmed, for 
 he made his report, not upon mere conjecture, but 
 on undoubted authority.'^ 
 
 Let us, sir,^^ he said, test the accuracy of this 
 fellow.^^ 
 
 How can this be done now inquired Sir Robert 
 Southwell. 
 
 Let him pass through our camp,^^ replied Mr. 
 Cox. Let him survey it at his leisure, and .then, 
 when he has completed his survey, let him report to 
 his Majesty what he computes the number of our army 
 to be/^ 
 
 This excellent suggestion greatly pleased the king, 
 and it was at once adopted. The Irish deserter was 
 brought through the various portions of the camp, and 
 allowed every opportunity of making a careful scrutiny. 
 When he had finished he returned to King William^s 
 tent, and confidently asserted that his army was more 
 
The Mimster Circtcit, 
 
 67 
 
 than double tlie strength. William actually knew them 
 to consist of. He dismissed the deserter with a sting- 
 ing reproof as a "conceited ill-guesser^ and highly- 
 commended the sagacity of Mr. Cox^ who . so cleverly 
 discovered the falsehood of the statement.^ 
 
 Mr. Cox^ native of the county of Cork^ most pro- 
 bably went the Munster circuity and had for co- 
 circuiters Sir Richard Nagle^ born at Anakessy, near 
 Mallow^ in the county of Cork^ Sir Stephen Rice, and 
 Sir Theobold Butler, also Munster men, very eminent 
 lawyers and contemporaries. 
 
 When King William had places to bestow, Sir 
 Richard Cox was sure not to be forgotten. He was 
 made Recorder of Waterf ord, on the Munster circuit ; 
 but this post not being deemed suflScient reward for 
 his services, and a seat on the Irish Common Pleas 
 Bench being vacant, he exchanged the Recordership 
 of Waterford for the Court of Common Pleas. Here 
 he was not allowed to remain long absent from 
 Munster. He was sent to Cork in rather a singular 
 capacity for a common law judge — military governor. 
 A brief correspondence between him and Sir James 
 Cotter, an adherent of King James II., is so creditable 
 to both writers, that I think it merits preservation 
 here. Sir Richard Cox, under date of 1691, thus ad- 
 dresses his old friend : — 
 
 " Corl, Jidy 6, 1691. 
 " Sir, — Upon the score of our former acquaintance, 
 and the civility you have used to our friends whilst 
 you were governor here and since, I think myself 
 
 2 Harris's " Life of Cox," p. 210. 
 F 2 
 
68 
 
 The Minister Circuit, 
 
 obliged to let you know that I have both station and. 
 inclioation to serve you. If it should happen that you 
 threw yourself upon me without capitulation (for your 
 party is certainly ruined, and will every minute decay), 
 you shall, undoubtedly be used as a man of honour; 
 but, if you are of this opinion, bring off as many as 
 you can, and their arms, because your terms will be 
 so much the better. This will seem odd if you don^t 
 apprehend the case desperate ; but because I am sure 
 it is so, therefore you have this friendly advertisement 
 from, sir. 
 
 Your very faithful friend and servant, 
 
 KiCHARD Cox. 
 
 « To the Hon. Sir James Cotter.'' 
 Sir James Cotter thus replied : — 
 
 '^SiR, — Notwithstanding our former acquaintance, 
 it seems you do not know me. Whatever I might 
 have done with sitting still, when laid aside in civili- 
 ties — which for justice sake I distributed without dis- 
 tinction — I am now convinced, and will, I doubt not, 
 be in a condition to return your kindness ; for really 
 your case is so desperate that you will soon have an 
 occasion for it, and be confident, in anything that is 
 just, you find me, sir, 
 
 *^ Your very affectionate friend and servant, 
 
 James Cotter.'' 
 
 Notwithstanding the hardihood of Sir James Cotter's 
 letter, his belief in the strength of his cause, and the 
 desperate nature of his friend's, Sir Eichard Cox's, 
 
The Munster Circuit 
 
 69 
 
 proved fallacies ; lie was obliged to sue for grace from 
 Sir Eichard, which was promptly given. 
 
 It seems not very creditable that the judges of 
 assize were allowed to sell protections. In the Auto- 
 biography of Sir Eichard Cox^^ is the following 
 entry : — 
 
 ^an March (1692) the Lord Chief Justice and I 
 went judges of assize to Cork and Waterford, and^ by 
 order of the Government^ we gave printed protections 
 to the Irish, for which we had sixpence a piece^ so that 
 we got 300 li a piece that journey.'^ 
 
 I am enabled, by the kindness of the late Thomas 
 Kelly, Esq., a promising member of the Munster cir- 
 cuit, who has been snatched away by death, to preserve 
 the names of some eminent members of the bar in the 
 early part of the eighteenth century. 
 
 In a correspondence during the year 1715 between 
 Mr. John Kelly of Lymerick, and Mr. Patrick Creagh, 
 merchant in Dublin, the former requests the latter to 
 deliver a letter annexed with this injunction : — But 
 before you doe it be soe kind as to get Counselor Cala- 
 han^s, or some other good counseFs opinion, if the 
 under cash-note bears interest, as being past before the 
 act was made for the like. You may have it by the 
 help of Mr. Grady, at or under two plate cobbs.^^ ' 
 
 ' I have not been able to ascertain the exact value of this 
 coin, which, in an old dictionary, dated 1719, is stated to be a 
 foreign coin," of what country I am not in a position to state. 
 In a subsequent letter I find the words, " the cost of two cobbs 
 or two crowns," which would make a cobb equal to five shillings 
 of our money. As a proof of the convivial habits of the bar at 
 this period, I quote the following extract of a letter from Mr. 
 
70 
 
 The Mtmster Circuit, 
 
 We learn from that very excellent work^ Gilbert^s 
 History of Dublin/' that the old Four Courts in 
 Christ Church Place was approached from a lane bear- 
 ing the very infelicitous name of Hell, A tourist thus 
 records his impression of this rather strange locality : 
 — This was certainly a very profane and unseemly sou- 
 briquet to give a place that adjoins a cathedral whose 
 name was Christ^s Church ; and my young mind^ when 
 I first entered there^ was struck with its unseemliness. 
 Yes^ and more especially when over the arched entrance 
 there was pointed out to me the very image of the 
 Devil^ carved in oak^ and not unlike one of those 
 hideous black figures hung over tobacconists^ shops. 
 This locality of Hell^ and this representation of his 
 Satanic Majesty^ were famous in these days even be- 
 yond the walls of Dublin. I remember well, on 
 my return to my native town, after my first visit to 
 Dublin, being asked by my play-fellows ^ had I been 
 
 Kelly, addressed to Mr. John Blake, Dublin. In this letter Mr. 
 Kelly mentions that there existed a diversity of opinion as to 
 the interest on promissory notes being payable. Mr. Wall 
 having given an o^Dinion that interest was payable," Mr. Kelly 
 says : — " I have yesterday writt to Mr. Wall to consider better 
 of ye opinion, and that two councills in Cork, and Counsellor 
 Stackpole of Ennis, was of a different opinion, and alsoe writ 
 to my friend in Dublin to take a glass with Counsellor Ffrench, 
 Blake, or Calahan, and at ye cost of two cobbs or two crowns to 
 get either of their opinions in that case on a note of the same 
 tenor and date of yours, but persons' names different ; and if 
 the opinion was that it did not bear interest, to show it to 
 Mr. Wall, which may oblige him to retract from his former 
 opinion ; and, if it did bear interest, to send it to me by post, 
 and say nothing about it to Wall." 
 
The Munster Circuit. 7 1 
 
 in Hell^ and had I seen the Devil/ Its very name 
 reached Scotland, and Burns,, the poet^ in his story of 
 Death and Dr. Hornbook/^ alludes to it when he 
 says : — 
 
 " But this tliat I am goin' to tell, 
 Which lately on a night befell, 
 Is just as true as the De'il's in Hell, 
 Or Dublin city." 
 
 In this place the members of both branches of the 
 legal profession — barristers and solicitors — had their 
 chambers. Advertisements were common : — To be 
 let, furnished apartments in Hell. They are well suited 
 for a lawyer. Here the great members of the bar — 
 Prime, Serjeant Malone, Philip Tisdall, Sir Toby Butler, 
 and other famous practitioners, kept their revels, and 
 here, no doubt Mr. Patrick Creagh, while taking a glass 
 and expending two cobbs, as directed by Mr. Kelly, 
 obtained the opinion of Sir Toby Butler, which, I take 
 it, was in corroboration of that given by Mr. Wall, 
 that the interest on the promissory note was payable, 
 for, by a short letter, dated Lymerick, 22nd October, 
 1715, we read :— 
 
 *^Mr. Pat Creagh, — Self in Cork, and on my return 
 had yours 17th, with Sir Theo. Butler^s opinion on the 
 note, for wch am thankful. 
 
 Yours, ''Z. ILr 
 
 Sir Theobald Butler was a very distinguished 
 member of the Irish bar. On the promotion of 
 Serjeant Sir Richard Barnewall to the Exchequer 
 bench, in 1688, Sir Theobald was appointed third 
 Serjeant, and the following year he became Solicitor- 
 
72 
 
 The Mtmster Circuit. 
 
 "General. Some amusing anectotes are related of him. 
 His habits are said to have been too convivial ; and 
 when a very momentous case, in which he was leading 
 counsel^ was set down for argument, the wary solicitor 
 made a stipulation that Sir Toby should not drink a 
 glass of wine, or other spirituous liquor^ until the argu- 
 ment was over. Sir Toby pledged his word, and, 
 during the progress of the case, made one of his very 
 best arguments, which carried the case triumphantly, 
 to the solicitor's delight. '^Now, Sir Toby,^' he said, 
 see the efiects of refraining from dririking. If you 
 had taken your usual dose of claret, you could not have 
 been so clear- as you were to-day.^' 
 
 " Now we have won,^' replied the toper, I may 
 as well confess that, feeling the necessity of some re- 
 fresher, I got two hot loaves, which I steeped in two 
 bottles of claret, and I eat them/' 
 
 Sir Theobald Butler, with two other eminent counsel 
 — Richard Malone and Sir Stephen Rice — were heard 
 at the bar of the House of Lords in Ireland on 
 February 28, 1703, against the Sacramental Test 
 Act, which required all persons having any office, 
 civil or military (including corporate officers , to 
 receive the Sacrament according to the usage of the 
 Church of Ireland, and, in -default of so doing, the 
 office to be void; and whoever should continue to 
 act in such office, having neglected to qualify him- 
 self, was liable to the penalties imposed by the Test 
 Act. 
 
 The effect of this was, of course, to disable Roman 
 Catholics from holding any office, and the arguments of 
 counsel were very able, especially that of Sir Theobald 
 
The Munster Circuit. 
 
 73 
 
 Butler. As this is not the place for them, I merely 
 mention where they are to be found.'* 
 
 These were unhappy times for all those who re- 
 garded the Pope as Head of the Church, and we, who 
 live in more tolerant days, must rejoice in our being 
 allowed the free exercise of our religion and the 
 freedom of our civil rights. It was otherwise in the 
 reign of George T., as appears from a letter now before 
 me, dated — 
 
 Lymerickj Ibth June, 1716. 
 Mk. Pat Ceeagh, — Sir, I have your^s twelve curt, 
 and immediately delivered it enclosed to Mr. Davis, 
 who admired at your long silence about it. 1 alsoe 
 note my designed enemys ^ have not yet stood against 
 me, nor do they resolve it, finding I was prepared to 
 opose their allegations, and to know who they were 
 that was to sign against me, many of whom refused 
 signing; and others came to me, and excused it, 
 saying they were put upon by some others more mali- 
 tious; and, notwithstanding the designe looks to be 
 over, I am for Mr. Moylan^s giving the fee to the 
 Solicitor- General to introduce yt, or any other bysi- 
 ness I may have yt way another time.^ I am, with 
 all kind salutes, as usual. 
 
 Your humble servant, 
 
 * Yide Plowden*s Appendix, " Curry's Historical Eeview," and 
 OTlanagan's" Lives of the Lord Chancellors of Ireland," vol. i. 
 p. 514. 
 
 5 Popish Discoverers. 
 
 ^ This looks very like a fee for protection. The Solicitor- 
 General at the time was William Whitshed ; afterwards the 
 
74 
 
 The Munster Circuit, 
 
 A Discoverer Baffled. 
 
 It is very pleasant to have to record many acts of 
 kindness evinced by Protestants towards Catholic 
 friends and neighbours during the penal days, such as 
 the following. A Catholic gentleman of the county 
 of Kerry, named Duggan, having notice that a Dis- 
 coverer^ was about taking proceedings to deprive him 
 of his estate, was informed by a Protestant friend of 
 high position in the county of Cork — Mr. Freeman, of 
 Castlebar — that he (Mr. Freeman) was willing to take 
 the initiative in such proceedings, and thus save the 
 property for Mr. Duggan, which that gentleman heard 
 with gratitude. 
 
 Judge Mr. Freeman^s surprise when he was visited 
 by the Discoverer in a chaise, going post to Dublin; 
 and, as there were few inns on the road at the time, 
 it was customary to halt each evening at some house 
 of hospitable repute. The Discoverer made no secret 
 of the purpose of his errand, being unaware of the 
 great intimacy subsisting between his host and his 
 intended victim. Mr. Freeman asked ^^if it was con- 
 venient for the traveller to give him a seat in the 
 chaise, as he found he had pressing business in Dublin, 
 and was willing to share the expenses of the journey.''^ 
 The traveller was only too glad to have the company 
 of so reputable a country gentleman, and also to have 
 his travelling expenses lessened, and away they drove. 
 
 That night they halted near Clonmel at the house of 
 
 Chief Justice, who acted so oppressively in the case of the 
 printer of the Draper Battles. 
 ^ Popish Discoverers. 
 
The Munsier Circtiit. 
 
 75 
 
 a hard-drinking^ fox-hunting squire — a mutual friend 
 of both Mr. Duggan and Mr. Freeman. The latter no 
 sooner informed the Tipperary squire of the object of 
 the journey of both himself and his companion than 
 the jovial squire proposed to keep the Discoverer in 
 such a state of inebriety he would not be able to leave 
 the house until Mr. Freeman had made all safe for 
 their mutual friend Duggan. Accordingly^ next 
 mornings the Discoverer had such a splitting head- 
 ache he was quite unfit for prosecuting his journey, 
 and, as Mr. Freeman was pressed for time, he was 
 compelled to travel alone. The result was that when, 
 about a week later, the Discoverer reached Dublin, 
 he was rather taken aback on finding that the vari- 
 ous denominations of land — heretofore in the posses- 
 sion of the Papist Duggan — were then owned by 
 that staunch Protestant gentleman, Deane Freeman of 
 Castlecor ; and to this day some nominal rent-charge 
 is paid by the Duggan family to the representatives of 
 Deane Freeman for the lands thus protected. Many 
 similar acts are recorded, but this must suflSce as a 
 sample. 
 
I 
 
 76 The Munster Circuit, 
 
 CHAPTEE VI. 
 
 Sir Constantine Phipps. — Chief Justice Pyne. — A corrupt Judge 
 tricked. — Crimes on tlie Munster Circuit. — Abduction. — Ab- 
 duction Clubs. — Case of the Misses Kennedy. — Trial and 
 Conviction of the Culprits. — Sentence on Messrs. Kimberly 
 and Meade.— Point raised by Mr. Kimberly over-ruled. 
 
 Mr. Smyth^ in his sketches of the legal history of 
 Ireland, gives a very deplorable account of the Irish 
 judicial bench at the end of Queen Anne^s reign. He 
 says, Judicial guilt, at the close of Anne^s reign, 
 was merely not uncommon, but general. Such as were 
 of the Privy Council signed a report contrary to 
 evidence which was laid before them at that board. 
 The puisne judges concurred in this falsity without the 
 warrant of any document. One of the body solicited 
 the cause in England, and exhibited to statesmen a 
 proof that, though Irish commerce was restricted, its 
 judges made a lucrative traflBc to the Crown, and, by 
 parity of reason, to private parties, of the property, 
 liberty, and lives of fellow-subjects.^^ ^ 
 
 No wonder, then, we find the clergy, magistrates, 
 and all persons residing within the area of the Munster 
 Circuit, addressing the Queen in 1713 on behalf of a 
 very upright man. Lord Chancellor Sir Constantine 
 
 1 Smyth's " Law Officers of Ireland," p. 302. 
 
The Munster Circuit, 
 
 77 
 
 Phipps^ who had incurred the displeasure of some 
 members of the Irish Parliament^ who addressed the 
 Queen for his removal. At the Quarter Sessions for 
 the County of Cork^ held at Bandon, on July 12th, 
 1713, the high sheriff, justices of the peace, clergy, 
 and grand jury prepared the following address, which 
 was presented to Queen Anne by Lord Bolingbroke : — 
 We cannot but with grief and great concern take 
 notice that the unhappy and fatal dissensions which 
 reigned and were fomented some yea.rs past do yet 
 continue in this kingdom, notwithstanding the inde- 
 fatigable zeal and application of the Eight Honourable 
 Sir Constantino Phipps, Lord High Chancellor, and 
 your other excellent ministers, to the contrary. We 
 cannot but join, with great pleasure and satisfaction, 
 your Majesty ^s most loyal Lords in Parliament, and 
 your faithful clergy in Convocation assembled, in their 
 dutiful and humble request to continue your royal 
 countenance and favour to that great Minister whose 
 impartial justice, consummate abilities, and unbiassed 
 affection to the Constitution, in Church and State, are 
 equal to those great trusts in which your Majesty^s 
 unerring wisdom for the safety and honour of your 
 Majesty^s interests and the common good of your 
 people has placed him.''^^ 
 
 The addresses and counter-addresses in the case of 
 Sir Constantino Phipps must have puzzled the Queen, 
 whose health was then very precarious. She died 
 before any action was taken, for the Chancellor re- 
 mained in office upon the accession of King George I. 
 
 2 'Flanagan's " Lives of the Lord Chancellors of Ireland," 
 vol. i. p. 549. 
 
78 
 
 The Mimster Circuit. 
 
 Some curious stories are told of tlie corruption of 
 judges in those days. One may be given as an in- 
 stance. Chief Justice Pyne^ who was appointed Chief 
 Justice of the King^s Bench in 1694, had the repu- 
 tation of being influenced in his judicial capacity by 
 gifts. He had landed property on the banks of the 
 Blackwater, in Munster, called Waterpark^ to which 
 he repaired after the fatigues of the Munsber Circuit. 
 Being of a bucolic taste^ he cultivated good breeds of 
 cattle, and was noted for the value of his stock. The 
 trial of a very important record, in which the claims 
 of a Mr. Weller were opposed to those of a Mr. Nangle, 
 was fixed for the Cork Assizes. On the day before 
 that on which the Chief Justice was to leave Waterpark 
 for Cork, he received a present of twenty-five splendid 
 heifers from Mr. Weller, the defendant in the action. 
 The Chief Justice returned a very gracious message to 
 Mr. Weller by his steward, who came in charge of the 
 cattle. This man was treated with great courtesy. He 
 returned home to his master, well pleased with the 
 urbanity and kindness of Chief Justice Pyne. The 
 judge set forth next day for Cork. When driving along 
 in his coach-and-six, passing near Eathcormac, where 
 the bridge spans the Bride River, the road was blocked 
 up by a drove of cattle. The Chief Justice looked out 
 and beheld a prime herd of most valuable shorthorns. 
 He beckoned a man who was driving the cattle to 
 approach him, and demanded, — 
 
 Whose beasts are these, my man ? 
 
 " They belong, please your honour, to a great gen- 
 tleman of these parts. Judge Pyne, your honour,^^ 
 replied the countryman. 
 
The Munster Circuit. 
 
 79 
 
 Indeed ! ^' cried the Chief Justice in much sur- 
 prise, " and where are you taking them now ? 
 
 They were grazing in my master, Mr. Nangle's, 
 farm, your honour ; and as the assizes are coming on 
 at Cork, my master thought the judge might like to see 
 that he took good care of them, so I^m taking them to 
 Waterpark, to show them to the judge/' 
 
 The judge felt the delicacy of Mr. Nangle's mode of 
 giving his present. Putting his hand in his pocket, 
 he presented the herd with a guinea, said he was Judge 
 Pyne, and that as his master, Mr. Nangle, had taken 
 such good care of his cattle, he, the judge, would take 
 good care of him.^' 
 
 At parting, he desired the herd to give the animals 
 to his steward at Waterpark, and bade his coachman 
 
 drive on,^^ which he did. 
 
 During the hearing of the action of Nangle v. Weller, 
 the bearing of the Chief Justice seemed, at first, quite 
 in favour of the defendant, and that gentleman nodded 
 often to his attorney, as much as to say, "It^s all right; 
 I have secured the judge.^^ But as the case went on, 
 and it was the province of the Chief Justice to charge 
 the jury, he put the case so strongly for the plaintiff 
 that, to the dismay of Mr. Weller, the jury brought in 
 a verdict for Mr. Nangle without leaving the box, and 
 the judge certified for immediate execution. Mr. 
 Nangle and his counsel were, of course, quite satisfied. 
 No exceptions were taken to the judge^s charge, and 
 the case was won. When, on his return from the 
 Munster Circuit, the learned judge arrived at Water- 
 park, his first question was, — 
 
 " Are the cattle all safe ? 
 
8o 
 
 The Mimster Circuit. 
 
 Perfectly^ my lord/^ replied the steward. 
 Where have you put the beasts I received when 
 leaving for the Cork Assizes ? 
 
 They are where you left them, my lord/^ 
 Where I left them — that is impossible ! ex- 
 claimed the Chief Justice. I left them on the road, 
 near Rathcormac."'^ 
 
 The steward was puzzled. He thought the wits of 
 the Chief J ustice were not so clear as those of a chief 
 justice ought to be. 
 
 Con/^ said Sir Richard Pyne, putting on his hat, 
 " 1^11 have a look at them myself.''^ 
 
 The steward led the way across the lawn to a grassy 
 paddock, and there were found within twenty-five fine 
 heifers cropping the grass, as happy as if their late 
 master retained his property. 
 
 ^^I don^t mean these,^^ said the Chief Justice, rather 
 testily. I want to see those fifty shorthorns which 
 came after I left home.^' 
 
 Bedad ! the long and the short of it is, themes all 
 the cattle on the land, except what we bred ourselves^ 
 my lord/^ 
 
 And so it was ; the sagacious Mr. Nangle had so 
 timed the departure of his cattle as to meet the Chief 
 J ustice on the road. He had properly drilled his herd, 
 who, with the tact of his country, relished the plot of 
 
 doing the judge, for Mr. Nangle had no great faith 
 in the integrity of that functionary. The judge^s 
 coach was no sooner out of sight than the herdsman 
 turned his caxtle, and before nightfall they were once 
 more in the familiar fields of Mr. Nangle, where they 
 were reared. 
 
The Mimster Circuit. 
 
 8i 
 
 The Chief Justice felt he had been outwitted, but, of 
 course, had no power of showing his disappointment, 
 I hope it taught him a lesson, or that the whole story 
 is but a legend of the Munster Circuit. 
 
 " I cannot tell how the truth may be, 
 I've told the tale as 'twas told to me." 
 
 About this period a dispute arose relative to taxation 
 between the town of Youghal and the county of Cork. 
 I suppose some landowner, desirous to save the expense 
 of contested litigation, which would fall upon the 
 general public, suggested arbitration, for the case was 
 left to the decision of the judges — not qua judges, but, 
 as the order informs us, in their private capacity — 
 and such decision as they should make was to be taken 
 as final/^ Mr. Smyth, who records this circumstance, 
 adds, " This proceeding must be considered a strong 
 proof of Irish politeness, as I firmly believe it would 
 be impossible to obtain a similar meeting at Serjeant's 
 Inn, or to persuade that great body to act in a double 
 capacity/^ ^ 
 
 While Mr. Justice Cox was going circuit, in 1700, 
 he had to mourn the loss of his colleague on the circuit, 
 Chief Justice Hely, who died at Ennis on the 7th 
 of April, 1700, leaving Judge Cox to complete the 
 business. It is possible his grief for the loss of his 
 associate judge, who was also the Chief of the Common 
 Pleas, was in some degree mitigated by Mr. Justice Cox 
 obtaining the Chief Justiceship, which he did on the 
 16th of May, 1700. 
 
 3 Smyth's " Law Officers of Ireland," p. 301. 
 
 G 
 
82 
 
 The Munster Circuit. 
 
 Some very heinous crimes occupied the judges on 
 the Munster Circuit during the eighteenth century. 
 On the 7th of May, 1706, Mary Barberry was tried at 
 Cork for causing the death of her husband by poison. 
 The evidence was clear, and the jury without hesitation 
 returned a verdict of wilful murder. The wretched 
 woman underwent the fearful sentence of being burnt 
 at Gallows-green, near Cork. 
 
 Although Ireland in general was free from attempts 
 to replace the House of Stuart upon the throne of Great 
 Britain, some few cases of treason were discovered, which 
 employed the time of the judges on the Munster Circuit. 
 At the Lent Assizes, in 1719, Captain Henry Ward and 
 Francis Fitzgerald were indicted as traitors, for en- 
 listing soldiers to aid the cause of the Pretender. 
 They were tried and found guilty. The usual sentence 
 following a conviction for high treason was inflicted. 
 They were hanged and quartered on Gallows-green. 
 
 William Roe, who sympathized with the House of 
 Stuart, was more fortunate. His offence was cer- 
 tainly a minor one. He was heard to give expression 
 to the wish, May King James III. enjoy his own 
 again.^^ These seditious words caused him to be tried 
 for seditious language. He was convicted, and sen- 
 tenced to stand in the pillory and be severely whipped. 
 The Cork pillory was considered quite an improved 
 engine of punishment. It turned on a swivel, so that 
 the full front of the tortured convict presented a fair 
 mark for the stale eggs, the damaged fruit from Seville^s 
 groves, and other unsavoury missiles aimed by the 
 rabble rout against the culprit in statu quo.* 
 
 * Gibson's History of Cork," vol. ii. p. 205. 
 
The Munsier Circuit, 
 
 83 
 
 Harbouring Tories and Rapparees was an indictable 
 oiBFence^ and in 1739 a gentleman with the Celtic name 
 of Murtagh Oge 0^ Sullivan^ of Eyres, in the county of 
 Cork, wishing to disclaim any desire of being even 
 suspected of such impropriety, publicly advertised his 
 disrelish at such imputation being cast upon his name, 
 credit, and reputation, and his readiness to take his trial 
 for the same at the next General Assizes. I am not 
 able, from the misfortune which befell the records of 
 the last century in the Crown Office, Cork, their being 
 partly destroyed by two elements — fire, and water used 
 in quenching the fire — to ascertain if Murtagh Oge 
 0' Sullivan was able to substantiate his assertion of 
 having no connexion with Tories or Rapparees. 
 
 It is sometimes dangerous to speak ill of great men ; 
 it is also a matter of danger to speak well of them, 
 especially if in doing so we imply censure on men in 
 authority. Thus, at the Summer Assizes held at Cork 
 in 1741, a citizen named Richard Dooley declared in 
 open Court that he did not expect justice while the 
 Mayor sat on the bench. This slur on the judicial 
 conduct of the Right Worshipful Richard Bradshaw, 
 who was then Mayor of Cork, was properly resented, 
 and Richard Dooley was fined ten pounds for his indis- 
 creet assertion.^^ 
 
 I remember being much amused when on circuit, 
 a hundred years later than Richard Dooley^s time, 
 hearing a prisoner, on being asked was he ready for 
 his trial^^^ I'eply^ " No, me lord ; the Fermoy coach 
 won^t be in for another hour.^^ 
 
 "What has that to do with your trial ? demanded 
 Judge Perrin. 
 
84 
 
 The Miinsier Circuit, 
 
 Bekase I expect Captain CoUis to come by it, me 
 lord, and he^il see me justified/^ 
 
 Captain Collis, the poor man^s landlord, was a highly 
 respectable magistrate of the county of Cork. 
 
 The prison officials on the Munster Circuit some- 
 times got into trouble by their leniency. Thus, at 
 the Autumn Assizes of 1751, Bryan Bonworth, the 
 gaoler of the Cork Gaol, was sentenced to pay a fine 
 of forty pounds, and to be kept in close custody 
 until the fine was paid, for not having performed his 
 duty in having one Timothy Burke branded in the 
 hand with a hot iron, as he was directed to do — he, 
 knowing the same to be his duty, used instead a cold 
 iron. 
 
 Some bold attempts at escape linger among the 
 traditions of the Munster Circuit, and deserve a place 
 in its history. One of the most daring took place 
 while the judge was passing sentence of death on a 
 man named Matthew Callaghan, convicted at the Cork 
 Spring Assizes of 1753 for robbing Captain Capel. 
 Scarcely had the judge concluded a feeling address to 
 the prisoner, reminding him his hours were num- 
 bered, and he should make good use of the brief space 
 which intervened between that day and the time fixed 
 for his execution,^^ than the convict with a bound 
 leaped from the dock, though he had his bolts on, and 
 made his escape from the court. Such a daring 
 exploit deserved more success than befell Matthew 
 Callaghan. He was captured the same day in the 
 precincts of the Court House, and brought back to 
 prison. His sentence was carried out. We can well 
 imagine the popular sympathy being enlisted in favour 
 
The Mtmsier Circtnt, 
 
 85 
 
 of a man who made so bold an effort for dear life^ and 
 cannot wonder when we learn that the informer who 
 discovered on him was so ill-treated by the mob 
 (having had one of his ears cut off) that his life was 
 despaired of. 
 
 The crime of abduction — carrying off young girls 
 possessed of fortune — has been an offence committed 
 since very early times. Maids^ wives, and widows 
 have been the object^ either of cupidity or amorous 
 designs, from the days of Paris, son of Priam, to the 
 attempt of Mr. Garden of Barnane to carry off Miss 
 Arbuthnot in recent years. Abduction caused the siege 
 and fall of Troy; it led to the invasion of Ireland by the 
 Anglo-Normans ; it induced the Irish House of Com- 
 mons to pass an Act in 1634 for punishing all those 
 who *^ carried away maydens that be inheritors. This 
 statute was found insufficient to prevent the frequent 
 commission of this offence, so the Irish Parliament of 
 1707 made /om'fcZe abduction a capital felony, and this 
 Act also rendered those ^^who carried off heiresses, 
 though not forcibly, incapable of enjoying their wives^ 
 fortunes.''^ The statute recites how " one J ohn 
 O^Bryan, being a person of no property, did forcibly 
 abduct and carry away Margaret McNamara junior, 
 she being entitled to a fortune of two thousand pounds 
 sterling,^^ which fortune of two thousand pounds the 
 statute provides should not be touched by the afore- 
 said John O'Bryan. As a proof of the frequency of 
 these outrages, I may mention that associations tor 
 carrying off heiresses existed during the last century 
 in Ireland. They were termed Abduction Clubs.^^ 
 The members bound themselves by oath to promote 
 
86 
 
 The Miinster Circnit, 
 
 the success of their brother-members in carrying off 
 such youngs or old, girls as were the object of the 
 members^ choice. In order to ascertain who were 
 eligible for the proof of their high consideration, the 
 clubs had their spies and emissaries. They paid 
 servants for information respecting the fortune of 
 daughters of the masters, and means of obtaining ad- 
 mission to the houses where the daughters of neigh- 
 bouring gentry resided, and for such details of their 
 masters^ houses and families as it was prudent to 
 ascertain before the abductors ventured to carry off the 
 young lady. The members of these clubs were usually 
 what was known in Ireland as squireens — idle, 
 dissolute, needy young fellows, drunken, debauched, 
 improvident in their habits. Most of them were 
 younger sons of country gentlemen, hangers-on or 
 poor relations of respectable families — men who to dig 
 were not able, and too proud to beg ; they looked to 
 making a good — that is to say, a rich — marriage as 
 their only chance for giving them a station in society. 
 When a rich girl was marked for prey, the members of 
 the club in whose district she had the misfortune to 
 reside drew lots as to who should be the abductor. 
 When this was decided, and the person on whom the 
 lot had fallen had no acquaintance with the object of 
 his choice, his first care was to procure an introduc- 
 tion, and, if possible, gain her affections. Public balls, 
 if they occurred at the time; meetings at private 
 houses, if they moved in the same circle ; race-courses 
 or hunt-fixtures, if the fair lady was of a sporting 
 character, were all availed of. The squireen was 
 usually a good dancer and a daring horseman. When 
 
The Munster Circuit, 
 
 87 
 
 he got introduced to the lady^ he paid her marked 
 attention. If he could marry her in facie ecdesice, it 
 was so done ; but : there were romantic young ladies 
 who preferred the eclat and risk of the abduction, and 
 this put the love (!) and courage of the youth to the 
 proof by outraging the law and perilling life by car- 
 rying off the lady. 
 
 This bad example of the upper classes was sure to 
 find imitators among the lower, and farmers and 
 labourers followed the mode of gaining their wives 
 very frequently. Our Irish novelist — Carleton — very 
 graphically describes a case of the kind, and also the 
 prevailing notion the ofiFence punishable by statute was 
 not committed if it appeared the female was the abduc- 
 tor, and not the male. To give a prima facie appearance 
 to this state of the case, the female was often placed in 
 front on the saddle, and the man behind, so that it 
 appeared she carried him off, and not he. Several 
 instances of abduction linger in Ireland. One of the 
 most remarkable was the case of two sisters — Catherine 
 and Anne Kennedy. They were daughters of Mr. 
 Kennedy of Eathmeadan, in the confines of the counties 
 of Waterford and Kilkenny. Their widowed mother 
 and these two young ladies moved in a respectable 
 circle, each of the daughters being entitled from their 
 father^s assets to a legacy of two thousand pounds. 
 Their orphaned lot and considerable fortune, magnified 
 by report to a much larger sum, exposed them to the 
 dangers of abduction, and the members of the nearest 
 club to their residence drew lots for carrying them off. 
 Two persons who claimed to be gentlemen — a Mr. 
 Strange of Ullard, in the county of Kilkenny, and Mr 
 
88 
 
 The Mimster Circuit, 
 
 Garrett Byrne^ of Ballyann^ county Carlo were the 
 two OQ whom the lots fell. They were bold^ un- 
 scrupulous^ and needy. They had spent nearly what 
 little they ever possessed, and, immersed in debt, were 
 ready to adopt any expedient to better their condition. 
 They are said to have been of very different dispo- 
 sition. Strange is represented as a man of a harsh, 
 irritable temper, resolute in carrying out any project 
 on which he fixed his mind, and very unscrupulous in 
 what means he employed to accomplish his aim. Byrne, 
 on the contrary, was mild and gentle, though courageous, 
 and, also impelled by distressed circumstances, he did 
 not shrink from the risk he had to face in committing 
 this deed. He had taken a great liking to Miss Cathe- 
 rine Kennedy, who is said to have been a girl of a 
 gentle, loving nature; while her sister won the regard 
 of Strange by showing a temper similar to his own. 
 They mixed in the same society, and at evening parties, 
 balls, and race-meetings, picnics .and other social 
 gatherings, the young men stzwe to improve the occa- 
 sions, and ingratiate themselves in the esteem of the 
 co-heiresses. The friends and mother of the girls, 
 who knew that these men were penniless, would 
 instantly have scouted their pretensions if they pre- 
 sented themselves as suitors. As the sisters were both 
 extremely young — Catherine only fifteen, and Anne a 
 year younger — no thought of marriage for them was as 
 yet dreamt of. They promised to be very good-looking, 
 Anne the more attractive of the two. 
 
 At Graiguenamanna — a small town, not very remote 
 from Mrs. Kennedy^s house — on the night of the 17th 
 of April, 1779, a theatrical representation took place. 
 
The Munster Circint, 
 
 89 
 
 It was numerously and respectably attended. The 
 little theatre was crowded. The rank and fashion of 
 Kilkenny and the neighbouring county of Waterford 
 were attracted to see the play, and the Misses Kennedy 
 were in the boxes, chaperoned by their mother and 
 aunt. They enjoyed the recreation heartily, poor girls, 
 and as they laughed at the fun of the comedy, they 
 little thought the after-piece was a tragedy, in which 
 they were to enact the role of heroines. Yet so it was. 
 Before the curtain fell on the closing scene, intelligence 
 reached them that Strange and Byrne were prepared to 
 carry them off that night on their way home. In fright 
 and fear they left the theatre, and sought shelter in a 
 room in the house. The girls were accompanied by 
 their mother, aunt, and some male friends, who deter- 
 mined to resist this audacious attempt. For some time 
 all was quiet, but, after considerable delay, the attempt 
 was made with such violence, the door was burst in, 
 and the friends of the poor girls were overpowered. 
 The assailants were armed with swords and pistols, 
 and, despite the utmost resistance of the young girls 
 and their friends, these miscreants carried them off. 
 Catherine was placed on a horse before Byrne, and Anne 
 before Strange. They were joined by some females, 
 sisters or relatives of these men. This was for the 
 purpose of allaying the fears of the poor young ladies, 
 and it had that effect at first. 
 
 They were carried that night to a place called Kil- 
 masham, nearly twenty miles distant from Graigue- 
 namanna. While on this lonely night-ride, they were 
 constantly asked to consent to be married to their com- 
 panions, but each stoutly refused. The females also 
 
90 
 
 The Minister Circuit. 
 
 joined in their entreaties, and declared " if the girls 
 refused compliance they would abandon them/^ While 
 at Kilmasham, some food was provided ; a person, said 
 to be a priest, was produced to perform the marriage 
 ceremony. Still they refused, when both Byrne and 
 Strange swore *^that if they persisted in their refusal 
 they would be harassed to death by going from place 
 to place until they consented, but that if they complied 
 they would instantly be restored to their friends/^ 
 Induced by this promise, they became calm, and a short 
 ceremony took place. They then demanded the per- 
 formance of the promise, and were told it would be 
 complied with next day. Both sisters refused to retire 
 to rest until a female accompanied each of them, which 
 was granted; but these faithless women deserted 
 them during the night, when the men occupied their 
 places. 
 
 For some days they were carried about the country, 
 and brought to the house of a person who was also said 
 to be a priest. He tried to induce the ladies to live 
 with the«e men^ whom he called their husbands, and be 
 on friendly terms with them, but they denied these 
 men were their husbands. On this the scoundrels 
 swore they would put the girls into the coal- 
 mines at Castlecomer,^^ and Strange in a rage 
 struck Anne on the face, a blow which rankled deep 
 in her mind. 
 
 Thus, from day to day and week to week, until a 
 weary month had passed, were these delicate girls 
 carried through the counties of Kilkenny, Carlo w, 
 Waterford, and Kildare, to Dublin. They halted at a 
 small village on the north side of Dublin Bay, called 
 
The Munster Circuit. 
 
 91 
 
 Rush. Here they did not remaiu long. The men, I 
 suppose, were afraid that, as pursuit was hot after 
 them, they might be tracked, so resolved to have the 
 sea between them and those who were bent on their 
 arrest. They placed their victims on board a vessel, 
 and sailed for the Wicklow coast. Arrived off Wick- 
 low, the two abductors went on shore to purchase pro- 
 visions, and while there they beheld the Revenue 
 oflBcers go on board their vessel. Feeling the game 
 was up, they made their escape. A vessel was just 
 starting from Arklow for South Wales, and took them 
 on board. They reached Milford Haven in safety. 
 When the Revenue officers came on board the vessel 
 containing the captive ladies, the poor girls informed 
 them of their sad story, and besought their protection, 
 which was readily accorded. These officials took prompt 
 steps to restore the young ladies to their afflicted 
 mother and friends. 
 
 The capture of the culprits was soon effected in 
 Wales. They were made prisoners at Milford on the 
 6th of July, and placed in Carnarvon Gaol. 
 
 There seems to have existed at first some doubt as to 
 whether these men would be prosecuted. It was 
 believed Catherine Kennedy had a great affection for 
 Byrne, but Anne was resolved to convict Strange, 
 whose conduct to her had been violent and harsh. A 
 Mr. Hayes, a relation of the Kennedys, was determined 
 to punish these men, and, owing much to his exertions, 
 the girls were induced to make their joint depositions 
 before the Lord Chief Justice of the King^s Bench, 
 Lord Annaly. The Attorney-General at that period 
 was John Scott, afterwards Chief Justice and first 
 
92 
 
 The Minister Circuit, 
 
 Earl of ClonmeL He was resolved, if possible^ to 
 make this case a terror to all abductors^ and^ under 
 his directions, Byrne and Strange were tried at Kil- 
 kenny during the Lent Assizes, March, 1780. An 
 attempt at defence was made. Letters were given in 
 evidence for the prisoners, as if written by these young 
 ladies, in which they actually invited these men to 
 .carry them off; but it turned out these letters were 
 forged by Byrne^s sister, who was heard to declare 
 she could imitate Anne Kennedy^s handwriting so 
 well no one could discern the difference/^ Letters 
 in the genuine handwriting of these ladies were 
 also produced, for the purpose of showing they 
 regarded the prisoners as their husbands, and were 
 treated by them with great affection; but it was 
 proved these letters were written by the young 
 ladies under coercion, through fear of greater ill- 
 usage, and when they were away from all pro- 
 tection. 
 
 The result of the trial was the conviction of the 
 abductors, and they were sentenced to be hanged. 
 
 Every effort was made to obtain a commutation of 
 their sentence. Their position in life, their respectable 
 connexion with many high families, who made appli- 
 cation to the Government on their behalf; but all in 
 vain. Scott, then Attorney- General, insisted an 
 example should be made, and the sentence of death 
 was executed. I understand the ladies subsequently 
 married, but not very happily. They had gained un- 
 enviable notoriety, and, from that strange sympathy 
 with crime so frequently found in Ireland, were regarded 
 with aversion by the lower orders. 
 
The Munster Circuit, 
 
 93 
 
 This was not the only case where the offence was 
 punished with death. 
 
 When Messrs. Kimberly and Meade were found 
 guilty for abduction^ and sentenced to death in 1730, 
 the sentence was carried into effect. Mr. Kimberly, 
 who was an attorney, raised a curious point to delay 
 his execution. Great efforts were made to obtain a 
 commutation of his sentence, and the Lords Justices 
 having granted a respite, which included the day 
 fixed for his execution, Mr. Kimberly contended 
 
 his sentence thereby lapsed, or, at all events, 
 could not be carried into effect without a fresh 
 order.^^ 
 
 This was a poser for the sheriff, who consulted Judge 
 Bernard as to the effect of a respite upon the sentence. 
 The learned Judge said a respite did not affect the 
 sentence — it only delayed its execution.^^ Mr. Kim- 
 berly had the case brought before the Privy Council, 
 who, not being well acquainted with criminal law, 
 desired it might be referred to the law officers of the 
 Crown. These were among the most eminent lawyers 
 at the Irish or any other Bar. Prime Serjeant 
 Singleton,* the Attorney- General (Marley),^ the Soli- 
 citor-General (Jocelyn),^ and Mr. Serjeant Bowes.^ 
 These gentlemen, having fully considered this knotty 
 point, sent in their opinion. They agreed with Judge 
 Bernard that the reprieve had no effect but merely to 
 
 ^ The Prime Serjeant took precedence of the Attorney- 
 General. This rank was abolished in 1804. 
 
 ^ Afterwards Lord Chief Justice of the King's Bench. 
 ' Afterwards Lord Jocelyn, Lord Chancellor. 
 8 Afterwards Lord Bowes, Lord Chancellor. 
 
94 
 
 The Mtinster Circuit, 
 
 delay the carrying out of the sentence^ and, in the 
 present case, Mr. Kimberly could be lawfully executed 
 at the termination of the time to which he was respited, 
 without any fresh sentence/' He did suffer death 
 accordingly. 
 
Tlie Munster Circuit, 
 
 95 
 
 CHAPTER VII. 
 
 Death and Lament of 0' Sullivan Beare. — Cork Barbers. — 
 Assizes in 1764 and 1766. — Surviving the halter. 
 
 The Sullivans seem to have given a great deal of 
 employment to the crown counsel on the Munster Cir- 
 cuit. On the 1 4th May, 1 754, a detachment of soldiers, 
 under the command of Lieutenant Appleton, was des- 
 patched in pursuit of Morty Oge 0^ Sullivan, who, with 
 others was charged with the murder of a man named 
 John Puxley. 0' Sullivan, surname d Beare, was a 
 native of Berehaven, near which Paxley was engaged 
 in mining operations, and as it was not safe to arrest 
 one of the most distinguished chiefs of the clan of 
 0^ Sullivan in his own wild district. Lieutenant Appleton 
 was on the alert lest his party should be defeated. 
 The lieutenant so timed his march as to arrive at a 
 late hour, in order to surprise the 0' Sullivans, but they 
 were not to be caught napping. They had sentinels 
 posted on the road, who soon gave intelligence of the 
 enemy^s approach, but the troops were so close to 
 O^Sullivan^s retreat the sentinels could do little more 
 than warn him, and fly for their own safety. Appleton 
 then ordered his men to encircle the house, and thus 
 cut off any retreat, and 0^ Sullivan and his friends 
 inside fired several shots at the soldiers. Finding the 
 
96 
 
 The Mtmster Circuit, 
 
 military did not leave any opening for escape, 0^ Sullivan 
 tried the stratagem of sending out his men one by one, 
 thereby hoping the soldiers would run after them, and 
 give him the opportunity of effecting his escape, but 
 this was prevented by Lieutenant Appleton, who 
 ordered his men not to leave their posts, but merely to 
 fire at any one venturing to leave the house. At length 
 O^SuUivan^s wife and child, borne by the nurse, came 
 out, and implored quarter, which was readily granted. 
 Lieutenant Appleton inquired Who was in the house? 
 Sbe replied ^^Her husband and some of his men/^ 
 Then Appleton resolved to make him leave shelter, 
 which he effected by having the house set on fire. 
 O'Sullivan and his party then rushed forth. He 
 attempted to shoot Lieutenant Appleton, but his 
 blunderbuss twice snapped, and he was shot dead. 
 Two of his companions — John Sullivan and Daniel 
 Connell — were taken prisoners. They were lodged 
 in Cork Gaol, tried at. the Summer Assizes, found 
 guilty and executed. The death of O'Sullivan, who 
 bore the distinctive addition of Beare — from his resi- 
 dence — was bewailed by the Celtic race. Callanan, the 
 Cork poet, adopting the tradition that he was betrayed 
 by one of his servants named Scully, wrote a spirited 
 poem from which I give an extract : — 
 
 The sun on Ivera no longer shines brightly, 
 The voice of her music no longer is sprightly ; 
 No more to her maidens the light dance is dear, 
 Since the death of our darling 0' Sullivan Beare. 
 
 " Scully, thou false one, you basely betrayed him 
 In his strong hour of need, when thy right hand should aid 
 him. 
 
The Munster Circuit. 
 
 97 
 
 He fed thee, he clad thee, you had all could delight thee. 
 You left him, you sold him — may Heaven requite thee." 
 
 We are informed that O^SuUivan^s body was lashed 
 to the stern of a king^s cutter, and towed through the 
 sea to Cork, where his head was spiked on the South 
 gate. Connell, who fought for his master till he was 
 taken prisoner, is the reputed author of the following 
 lament — written in Cork Gaol the night before his 
 execution. As a specimen of an Irish caoine, or death - 
 wail, it is worth preserving. 
 
 " Elegy on O^Sullivan Beare. 
 
 Murty, my dear and devoted master, you carried the 
 sway for strength and generosity. It is my endless 
 grief and sorrow — sorrow that admits of no comfort — 
 that your fair head should be gazed at as a show upon 
 a spike, and that your noble frame is without life. I 
 have travelled with you, my dear and much-loved 
 master, in foreign lands. You moved with kings in 
 the royal princes^ army, but it is through the means of 
 Puxley I am left in grief and confinement in Cork, 
 locked in heavy irons without the hope of relief. The 
 great God is good and merciful ; I ask His pardon and 
 His support, for I am to be hanged at the gallows to- 
 morrow, without doubt. The rope will squeeze my 
 neck, and thousands will lament my fate. May the 
 Lord have mercy on my master ! It is for his sake I 
 am now in their power. Kerryonians, pray for us ! 
 sweet and melodious is your voice. My blessing I give 
 you ; but you will never see me again among you alive. 
 Our heads will be put on a spike for a show, and under 
 
 H 
 
98 
 
 TJie Munster Circuit, 
 
 the cold snow of night, and under the burning sun of 
 summer. Oh ! that I was ever born. Oh ! that I ever 
 returned to Bearehaven. Mine was the best of masters 
 that Ireland could produce. May our souls be floating 
 to-morrow in the rays of endless glory. 
 
 The lady, his wife ! Heavy is her grief ; and who 
 may wonder at that — were her eyes made of green- 
 stone when her dear husband was shot by that ball? Had 
 he retreated, our grief might be lighter ; but the brave 
 man, for the pride of his country, could not retreat. 
 He has been in kings^ palaces. In Spain he got a 
 pension. Lady Clare gave him robes bound with gold 
 lace, as a token of remembrance. He was a captain on 
 the coast of France, but he should return to Ireland for 
 us to lose him ! ^ 
 
 There is a touching strain in this lament which shows 
 the writer had a grateful and feeling heart. 
 
 A novel trial for murder took place at Cork during 
 the Lent Assizes of 1765. Mary Bourke, commonly 
 called SterUng Molly,^^ and John her son, were 
 sentenced to death for the murder of John Geary, 
 by setting a mastiff at him, who tore several parts of his 
 flesh in pieces. This sentence was afterwards com- 
 muted to transportation for life. 
 
 A number of barbers were convicted at Quarter 
 Sessions at this time for exercising their trade on the 
 Lord's Day, and each was fined a crown for each 
 offence. One of them was considered to have greatly 
 aggravated his crime by shaving three persons for a 
 halfpenny each, which caused him to be fined three 
 
 1 Gibson's " History of Cork," vol. ii. p. 524. 
 
The Mtmstej" Circuit, 
 
 99 
 
 crowns. Probably the number of barbers induced 
 competition, which led to the lowering of this barber's 
 prices. We have heard of a barber who combined the 
 trades of shaving and selling malt liquor, and placed 
 on a sign the following couplet : — 
 
 ** Rove not from pole to pole, but step in here, 
 Where nought excels the shaving but the beer." 
 
 The inhabitants of portions of the Munster Circuit had 
 peculiar notions of amusement, as the following 
 shows : — 
 
 '^Lent Assizes, April, 1764. — A number of persons 
 were tried for assembling in Hammond's Fields, near 
 Blarney, on Sunday evening, armed with swords, in 
 open contempt of the magistracy, whence they divided 
 themselves into two parties, in order of battle, and 
 maintained a running fight for several hours/' 
 
 The city of Cork was infested with lawless gangs, 
 whose violence was such that the peacable citizens were 
 afraid to venture forth after nightfall. Robbery and 
 burglary were of frequent occurrence, and some curious 
 instances of the inefficiency of hanging are found in the 
 annals of the time, which deserve a place in our 
 history. 
 
 At the Autumn Assizes of 1766, a man named 
 Patrick Redmond was indicted for robbing the dwelling- 
 house of John Griffin. He was found guilty, sentenced 
 to death, and hanged on the 10th of September, 1766, 
 at Gallows-green, the usual place of execution at Cork. 
 He was cut down after hanging exactly nine minutes ; 
 and an actor named Glover, who was then performing 
 on the Cork stage, by means of friction and fumigation 
 
 H 2 
 
100 
 
 The Munster Circuit, 
 
 succeeded in restoring animation, and, ere long, 
 Patrick Redmond was able to walk as if nothing had 
 happened to him. Possibly the ill-advised attention 
 of his friends prevailed on him to drink more than he 
 ought, for ere nightfall he got drunk, and went to the 
 theatre to return thanks to Glover for saving his life. 
 
 The frequenters at the theatre, on beholding the 
 appearance of a man in the evening whom many had 
 seen hanged in the morning, were naturally consider- 
 ably frightened, and women fainted, and a terrible 
 scene of confusion took place. It is not stated that 
 he was retaken, and we may infer he was a tailor by 
 trade, for the Historian of Cork remarks, he was the 
 third tailor who had outlived hanging during two 
 years. 
 
 2 Gibson's " History of Cork," vol. ii. p. 204. 
 
The Minister Circuit. 
 
 loi 
 
 CHAPTER YIII. 
 
 Success of tlie Fitz-Gibbons at the Bar. — The first Lord 
 Avonmore. — Scott, Earl of Clonmel. — Lord Carleton. — How 
 Mr. O'Brien got possession of Clonamuckoge. 
 
 It is time that we turn from the enumeration of the 
 offences tried on the Munster Circuity to glance at the 
 characters and achievements of those eminent lawyers 
 who have rendered famous the name of the Munster 
 Bar. 
 
 While Lord Wyndham was Lord Chancellor of 
 Ireland, in 1732, the Benchers of the King^s Inn, 
 Dublin, refused to call to the Bar a young Irish law 
 student, a native of the County of Limerick, named 
 John Fitz-Gibbon, He had duly kept his terms, and 
 complied with the forms necessary for his admission to 
 the practice of the law, but he had committed the 
 offence of publishing The Reports of Several Cases, 
 Argued and Adjudged in the Court of King^s Bench at 
 Westminster, with some Special Cases in the Courts 
 of Chancery, Common Pleas, and Exchequer/^ 
 
 These reports were regarded with disfavour by the 
 English judges. Lord Raymond threatened to have 
 the publisher punished for its publication. Sir James 
 Barrows, who was a very excellent lawyer, and accurate 
 reporter, in refutation <)f a statement " That the per- 
 
102 
 
 TIte Mtmster Circuit. 
 
 formance was a libel on the Bar and the Bench^ and 
 made the judges talk nonsense by wholesale/^ says, 
 ^^I have examined all the King^s Bench cases^ and 
 have compared them with my own notes, and find him 
 to have made the judges talk almost verbatim what I 
 took down from their own mouths/^ Sir James, how- 
 ever, though he admits the accuracy of these reports, 
 censures their publication as unauthorized. 
 
 Most likely the Irish Benchers were requested by 
 their English brethren to refuse the young author 
 admission to the Bar — certain it is, was it not for the 
 cordial support of Lord Wyndham, then Lord Chan- 
 cellor, backed by that of Chief Justice Reynolds, who 
 brought the Benchers to allow his call — John Fitz- 
 Gibbon would not have been a member of the Irish 
 Bar. He was called, and went the Munster Circuit. 
 He quickly got into practice, though he seems rather 
 to have distinguished himself more as a Chamber 
 counsel, than by his Court performances. Sir Jonah 
 Barrington says, Old Fitz-Gibbon loved to make 
 money, and, in his day, it was not the fashion for 
 lawyers to spend it. They tell a story of him respect- 
 ing a client who brought his own brief and fee, that 
 he might personally apologize for the smallness of the 
 latter. Fitz-Gibbon, on receiving the fee, looked 
 rather discontented.^^ 
 
 I assure you, Counsellor,^^ said the client mourn- 
 fully, I am ashamed of its smallness ; but, in fact, it 
 is all I have in the world. 
 
 Oh ! then,^^ said Fitz-Gibbon, you can do no 
 more — as it is all you have in the world, why I must 
 take it.'' 
 
The Munster Circuit, 
 
 103 
 
 As evidence of this statement I quote from a letter 
 of a Limerick merchant, dated 23rd June, 1738, ad- 
 dressed to Mr. Martin Killikelly, Dublin : — 
 
 Dear Sir, — Last post Mr. Philip Roche wrote to 
 his brother, Stephen Roche,^ to retain Mr. Fitz-Gibbon. 
 I pray you will call on Mr. Roche, and know if he has 
 done soe, and if he has not that he will doe it ime- 
 diately, and, if Mr. Fitz-Gibbon should be retained 
 before by any one for Chas. Wade, that I pray he will 
 return Wade's friend back ye fee, for the affair in 
 dispute touches my neer friend, as well as Mr. Roche, 
 and of which tell Mr. Fitz-Gibbon. If he should be 
 backward to return it, give my service to Mr. 
 McDonell, and that I pray him to influence Mr. Fitz- 
 Gibbon. I also pray you^ll call on Mr. Marcwall with 
 my service, and to give him a pistale,^ as retaining 
 fee for Margaret Roche, and I desired, in my last, ye 
 calling on Mr. Bryan, Mr. Mahon, and giving him the 
 Qr. Moydore.^ If you have not seen him I pray you 
 will, and let ye Qr. Moydore be a half pistale, and, if 
 he should be engaged before for 0. Wade, I pray 
 he may return back ye fee, and that I doubt not his 
 being pleased thereat.^^ 
 
 ^ The Eoches of Limerick were opulent merchants, both in 
 the last and present century. 
 2 An Italian coin, vahie 16s. 6cZ. 
 
 * Moidore, Mioda d'oro, and pistales, were Portuguese coins. 
 A pistale was valued at IZ. 7s. OtZ. of our money. A quarter moy- 
 dore — not seven shillings — would be a small retaining fee. 
 Foreign money seems to have been much in circulation on the 
 Munster Circuit, owing to the great trade of Cork and 
 Limerick with the Continent, especially with Spain and 
 Portugal. 
 
104 
 
 The Mttnster Circidt, 
 
 In several of these letters I find instructions to 
 retain Mr. Fitz- Gibbon^ Counsellor at Law,"* wbo was 
 in great request^ especially in Limerick. 
 
 As lie was called to tbe Bar in 1732^ it is most 
 probable he joined the Munster Circuit shortly after, 
 and, being a native of the county of Limerick, was in 
 good practice in that rich county/ as Mr. J ohn Fitz- 
 Gibbon purchased an estate along the banks of the 
 Shannon, worth six thousand a year, but resided in a 
 large house near Donnybrook, celebrated for its fair, 
 which is now no longer kept. Here, in 1749, was 
 born his second son, also named John, who was subse- 
 quently a famous leader of the Munster Circuit, filled 
 the office of Attorney-General, and Lord Chancellor of 
 Ireland. He is, however, best known — but not best 
 loved— as Earl of Clare. 
 
 It is related that, even in his very childhood, the 
 future Earl displayed symptoms of that arrogance 
 which marked his subsequent career. Having in- 
 curred his father^s displeasure for some schoolboy 
 fault, Fitz-Gibbon, senior, sent his eldest son to com- 
 mand young John^s attendance. The message was in 
 the voice of authority — " Your father orders you to go 
 to him ; you must come instantly."*^ 
 
 ^ The name of Fitz-Gibbon keeps its high repute on the 
 Mnnster Circuit, and at the Irish Bar. Gerald Fitz-Gibbon, 
 junior, son of Master Fitz-Gibbon, washer Majesty's Solicitor- 
 General for Ireland. He was called to the Bar in Hilary 
 Term, 1860; admitted Queen's Counsel July 6th, 1872, suc- 
 ceeded the Hon. David Plunket as Solicitor- General Hilary 
 Term, 1877, aud appointed Lord Justice of Appeal in 1878. 
 
 * Barrington's " Personal Sketches," vol. iii. p. 309. 
 
The Munster Ciradt. 
 
 Orders ! must ! repeated the boy of thirteen. 
 
 Such language suits me not, nor will I stir an inch — 
 Deceetum est/^ and, proudly stamping his foot on the 
 ground, remained stationary. 
 
 The messenger reported the reply. The old bar- 
 rister laughed heartily at this presumptuous burst of 
 haughtiness, and, in a formal note, jocosely requested 
 the honour of an interview with Mr. John Fitz-Gibbon, 
 junior,^^ when, after a few words of paternal admoni- 
 tion, no further notice was taken of the matter, and, in 
 parliamentary phrase, the subject dropped.* 
 
 It was on the Munster Circuit that Walter Hussey 
 Burgh was born, and he became one of the greatest 
 ornaments of the Irish Bar. He was called to the 
 Bar in 1768, and was a contemporary of John Fitz- 
 Gibbon, junior, who was called in the first day of 
 Trinity Term, 1772. Of the eminent natives of 
 Munster, who naturally selected that Circuit, was John 
 Scott, subsequently Lord Chief Justice of the King^s 
 Bench; Hugh Carleton, Lord Carleton, Chief Justice 
 of the Common Pleas; and Barry Yelverton, Lord 
 Avonmore, Chief Baron of the Exchequer. The last- 
 named eminent lawyer was born at Kanturk, in the 
 county of Cork, in 1736, and was called to the Bar in 
 1764. He possessed very considerable talents; but as 
 there were no Law Eeports published in Ireland before 
 1796, when Messrs. Ridgway, Tapp, and Schoales 
 issued Term Reports, we cannot give any specimen of 
 his arguments at the Bar ; but his judgments, as re- 
 ported, show the clearness, force, and fertility of his 
 
 6 " Essays of an OctogeBarian " (James Eoche of Cork), vol. 
 ii. p. 36. 
 
io6 
 
 The Munster Circuit, 
 
 mind. He was fond of viewing tlie cases in a variety 
 of points, and his mode of illustration showed great 
 skill. He was also deeply read in law, and had a 
 good knowledge of decided cases. He possessed a 
 deep, full, and clear voice, and his enunciation was 
 distinct. He displayed a logical mind, and his deci- 
 sions show much order in their arrangement. He 
 most likely continued to go Circuit until he became 
 Attorney-General in 1782. While holding this office 
 he was spending some time with the Earl of Kenmare, 
 at Killarney, who gave a stag-hunt in his honour. 
 The stag, after a long chase, reached the hill near 
 which the Attorney- General, the witty Father O'Leary, 
 and other guests of Lord Kenmare, were there viewing 
 the chase. Close to the feet of Yelverton the panting 
 stag lay down. 
 
 How natural that is,^^ said Father O^Leary to the 
 Attorney- General. The stag comes to you in hopes 
 you will cause a nolli prosequi to be issued in his 
 favour.^^ 
 
 This hon mot was much applauded, and deserved to 
 save the poor deer. 
 
 Barry Yelverton possessed a country-house on the 
 banks of the River Bride, near Glenville, in the county 
 of Cork. Here he was accustomed to repair after the 
 labours of the Circuit, and here he enjoyed, as Curran 
 reminded him, those Attic nights, and those refections 
 of the Gods, with his admired and respected and be- 
 loved companions. Here he entertained Curran, and 
 often members of the Circuit, in these happy meetings, 
 which Curran so pathetically described. When the 
 innocent enjoyment of social mirth expanded into the 
 
The Mtmster Circuit. 
 
 107 
 
 nobler warmth of social virtue, and the horizon of the 
 board became enlarged into the horizon of man ; when 
 the swelling heart conceived and communicated the 
 pure and generous purpose ; when the young guests' 
 slenderer and feebler taper imbibed its borrowed light 
 from the mature and redundant fountain of their hosts^ 
 for 
 
 " * We spent them not in toys, or lust, or wine — 
 But search of deep philosophy. 
 Wit, eloquence, and poesy ; 
 
 Arts, which I loved, for they, my friend, were thine.' " 
 
 Not long since I was visiting the banks of the 
 Bride^ and found where Barry Yelverton lived. A 
 few stones mark the spot. I thought with Ossian, — 
 ^^Why dost thou build the hall, son of the winged 
 days. Thou lookest from thy towers to-day — in a few 
 years the blast of the desert comes ; it howls through 
 thy empty courts, and whistles round thy half-worn 
 shield.^' 
 
 John Scott, Chief Justice and Earl of Clonmel, was 
 another Munster man. Born at or near Clonmel, in 
 the county of Tipperary, in 1738, he was called to the 
 Bar in 1764, and his indomitable impudence, and con- 
 siderable abilities soon brought him into lucrative 
 business. He possessed great tact. Though he could 
 only boast a slight knowledge of text-books and 
 statutes, he showed great skill in mastering the facts 
 of a case, grasping the salient points, discovering how 
 the evidence sustained his client^s case; and, where 
 evidence was conflicting, sifting the wheat from the 
 chaflF. He then threw overboard all that was worth- 
 
io8 
 
 The Munster Circuit. 
 
 less, and, witli firmness and perseverance, presented 
 the material points to the Court and jury. It was 
 well known on Circuit few could equal John Scott in 
 carrying a case by a bold stroke, or upsetting an ad- 
 versary by some unexpected piece of evidence. He, 
 like a skilful general, was always on the alert to cover 
 his weak flanks — was wonderfully quick to meet un- 
 foreseen difficulties, such as constantly turn up during 
 the trial of records on Circuit. If John Scott wanted 
 familiarity with the deep-seated principles of the 
 Common Law, few were more at home in the practice, 
 and fewer equalled him in the adroitness with which 
 he conducted his cases to a triumphant termination. 
 He possessed a rich fund of humour, a great deal of 
 oratorical power, boldness joined to quickness in reply, 
 and much fertility of illustration. From the un- 
 doubted effrontery which he looked, as well as used, 
 he acquired on Circuit the sobriquet of Copper- 
 faced Jack.''^ 
 
 Hugh Carleton was co -temporary, and intimate 
 friend of Scott^s. He, too, hailed from Munster, 
 having been born in the city of Cork on the 11th 
 September, 1737. His father, Francis Carleton, was 
 an eminent merchant, of rather a pompous disposition, 
 which, probably, obtained him the title of ^^King 
 of Cork."^^ Hugh Carleton distinguished himself by 
 gaining several prizes while going through Trinity 
 College, Dublin. At College, Hugh became acquainted 
 with John Scott, whose finances were then so low as 
 to render the pecuniary aid of the son of the wealthy 
 merchant of Cork very acceptable. Young Carleton 
 was a most diligent student, and when he studied for 
 
The Munster Circuit. 109 
 
 tlie Bar spared no pains to master his future profession. 
 Sir Jonah Barrington bears strong testimony to his 
 legal lore : — At the Bar he was efficient ; on the 
 Bench he was exemplary. With a plain and exclu- 
 sively forensic talent, cultivated with an assiduity 
 nothing could surpass, he attained very considerable 
 professional eminence : his whole capacity seemed to 
 have been formed into nice points of law, regularly 
 numbered, and always ready for use. His limited 
 genius seldom wandered beyond the natural boundary ; 
 but whenever it chanced to stray to general subjects, 
 it appeared always to return to its symmetrical techni- 
 calities with great gratification. Habit and applica- 
 tion made him a singular proficient in that methodical 
 hair-splitting of legal distinctions, and in reconciling 
 the incongruity of conflicting precedents which gene- 
 rally beget the reputation of an able lawyer. The 
 Government were glad to get him out of Parliament, 
 and, without intending it, did an essential service to 
 the due administration of justice.''^ ^ 
 
 From this estimate of Mr. Carleton^s legal abilities 
 we can easily credit the very flattering account of his 
 career given in the "Hibernian JournaP^ for June, 
 1795. "He was called to the Bar in Trinity Term, 
 1764, a profession, of all others, best suited to reward 
 extraordinary abilities. During his practice his con- 
 duct was noble and disinterested. The lively vigour 
 of his miud, and the felicity of his temper, made him 
 rise superior to every difficulty. He married shortly 
 after being called to the Bar. His first wife, whom 
 
 7 Barrington's " Else and Fall of the Irish Nation," p. 322. 
 
no 
 
 The Munster Circuit 
 
 he espoused in 1 766^ was daughter of Major Mercer. 
 He appears to have got much more rapidly into 
 practice than is usual ; for^ in 1 769, five years after 
 being called, he was appointed King^s Counsel. Then, 
 as now, it seems to have been the desire of ambitious 
 members of the Irish Bar to enter Parliament, for in 
 1772 Mr. Carleton, K.C., was elected member for the 
 borough of Tuam. He did not long sit as its repre- 
 sentative, for we find him, in 1774, Member for Philips- 
 town. I cannot say what party had the benefit of the 
 hon. and learned member^s support, for the celebrated 
 Dr. Lucas was then dead, and the popular cause was 
 only gaining scanty support; but it is probable Mr. 
 Carleton was in the ranks of the Castle party, for in 
 1777 he became Second Sergeant, and in 1779, 
 Solicitor- General. In Parliament,^^ we are told,* 
 he displayed that impartial, honest conduct, which 
 every member of the senate ought to pursue. There 
 he showed that his powers of persuasion, and his 
 sources of knowledge, were great ; his memory com- 
 prehensive and faithful; his language precise and 
 copious, just, and elegant. To enjoy the favour of his 
 sovereign, and the love of his countrymen, falls not 
 to the lot of many ; but this was the lot of Mr. 
 Carleton.^^ 
 
 Scott and Carleton must have been often engaged, 
 either together or on opposite sides, on the Munster 
 Circuit. They served together as Attorney and 
 Solicitor- General in 1779, and as they acquired the 
 rank and position of Chief Justices, ceased to belong 
 
 * ** Hibernian Magazine," July, 1795. 
 
The Mmister Circuit, 
 
 III 
 
 to the Munster Bar. In 1789 Mr. Carleton obtained 
 tlie Chief Justiceship of the Common Pleas on the 
 death of Chief Justice Paterson. He was then ennobled 
 by the title of Baron Carleton, of Anner, in the county 
 Tipperary. 
 
 Lord Carleton seems to have been as amiable in 
 private as he was exemplary in public life. The 
 notice from which we have already quoted, truly says, 
 What are honours, or riches, or titles, if the man is 
 not seen to advantage in private life. There we can 
 say, with truth, and it gives us the most exquisite 
 satisfaction — that his beneficent disposition, the dig- 
 nity and elegance of his mind, blended with much 
 philanthropy and politeness, form a virtuous basis, to 
 which, in his conduct, he invariably adheres.^^ 
 
 His lordship, being a widower, married a second 
 time, in 1795, Miss Mathew. 
 
 He was greatly affected by having to try, in the 
 Court of Common Pleas, Dublin, July 4th, 1798, the 
 two brothers Henry and John Sheares, for high 
 treason. 
 
 Both were deeply implicated in the United Irish 
 Conspiracy, and a letter, written by John, to the Lord 
 Chancellor, accusing him as The Author of Coercion,^^ 
 set up in type when seized, caused the suppression of 
 the Press newspaper.^ Both were natives of Cork, 
 born in Patrick-street, where their father for years 
 carried on business, and was a member of the Irish 
 Parliament. They selected the Bar for their profes- 
 
 9 This letter is given in that valuable work which throws so 
 much light upon this sad period of Ireland's story, Dr. 
 Madden's " United Irishmen," vol. iv., p. 221. 
 
112 
 
 The Munster Circuit, 
 
 sion, John being called in 1788, and Henry in the 
 following year. They went the Munster Circuit, and 
 it appears were, in their youth, on most intimate 
 terms with the future Chief Justice, Lord Carleton, 
 and also with Lord Clare. It is said the latter, when 
 a young man, was greatly attached to Miss Swete, 
 but had a successful rival in Henry Shearer, with whom . 
 the lady eloped. In the Essays of an Octogenarian,^^ 
 Mr. James Roche mentions an interview taking place at 
 his father^s house in Limerick, between the Chancellor 
 and the two brothers, who met him in private; but 
 Mr. Roche observed their heated countenances on 
 leaving, which he attributed to propositions being 
 made which they spurned. 
 
 They were betrayed by a pretended friend^ John 
 Warneford Armstrong, found guilty, and executed. 
 Curran defended, and used such strong language — 
 the Chief Justice reminded him it did not become 
 one wearing the gown of one of his Majesty^s Counsel.^^ 
 To which Curran replied, Well, my Lord, they may 
 take the silk, but they leav-e the stick behind.'''^ 
 
 When the brothers were convicted, John Shearer 
 made a very feeling appeal to the Chief Justice. He 
 urged that, while the terrible sentence might be 
 executed upon him with all the swiftness deemed re- 
 quisite, his brother might be respited at the discretion 
 of the Court. He said his brother's affairs required 
 some little time for arrangement, and if both were taken 
 off, an aged and revered mother, a dear sister, and the 
 most affectionate wife that ever lived, with six children, 
 would be left without protection or provision of any 
 kind.^' 
 
The Munster Circuit, 
 
 113 
 
 To this Lord Carleton replied^ in tones that be- 
 trayed deep emotion^ In the awful duty imposed on 
 me, no man can be more sensibly affected than I am, 
 because T know the very valuable and respectable 
 father and mother from whom you are descended. I 
 knew and revered their virtues. One of them — 
 happily for himself — is now no more — the other, for 
 whom I have the highest personal respect, probably 
 by the events of this day, may be hastened into futurity. 
 It does not rest with us after the conviction which has 
 taken place, to hold out mercy — that is for another 
 place, and I am afraid, in the present situation of 
 public affairs, it will be difficult to grant even that in- 
 dulgence which you, John Shearer, so pathetically 
 request for your brother. With respect to the object 
 of soliciting time for your brother to arrange his 
 affairs, unfortunately it could be of no use, because by 
 the attainder he will forfeit all his property — real and 
 personal — nothing to be settled will remain/^ 
 
 It is believed much unpopularity fell to Lord Carle- 
 ton^s lot after passing sentence upon these unhappy 
 brothers \ but he, of course, knew he should discharge 
 his judicial duty. Dr. Madden is of opinion that, 
 when the rebels mobbed Lord Kilmorden^s coach in 
 1803, and he, hoping his name would ensure his safety, 
 announced who he was, and immediately was killed, 
 the ruffians mistook him for Lord Carleton. 
 
 In 1802 his lordship resigned the Chief Justiceship 
 on a good pension, and went to reside in Ed gland. 
 In 1810 he lost his second wife, but the neighbourhood 
 of London seemed to have agreed with him. He re- 
 ceived his pension for the long space of twenty-four 
 
 I 
 
114 
 
 The Munster Circuit, 
 
 years. He died in 1826^ at tlie advanced age of 
 eighty-seven. 
 
 John FitzGibbon^ junior^ was called on the 19th 
 June^ the first day of Trinity Term, 1772. He was 
 fortunate in rapidly getting practice^ as the following 
 entries in his fee-book show : — 
 
 Fees. 
 
 1772 343 7 
 
 1773 414 3 5 
 
 1774 585 17 8 
 
 1775 619 17 1 
 
 1776 1066 19 1 
 
 During this year 1789, Lord Liflford died in his 
 80th year, and the Lord Chancellorship of Ireland be- 
 came vacant. Great anxiety was felt as to his suc- 
 cessor, and, as usual, Commissioners of the Great Seal 
 were appointed. It would appear the custody of it 
 was committed to Lord Chief Justice Carleton, for his 
 respected relative. Rev. William Carleton, Rector and 
 Vicar of Callan, county Kilkenny, informs me, I 
 have the Lord Chancellor's purse Lord Carleton used 
 during the time he was acting as Lord Chancellor, 
 and which my father got after his death.'' 
 
 It was generally expected at the time that at last 
 an Irishman would be appointed to the Seal, and the 
 practice, which had so long prevailed, of importing 
 members of the English Bar as Irish Chancellors 
 would cease. The Attorney-General, Fitz-Gibbon, had 
 unquestionable ability, and strong political claims, but 
 Lord Thurlow, then Chancellor of England, it is said, 
 was resolved that no Irishman should hold the Great 
 
The Mwtster Circuit, 
 
 115 
 
 Seal of Ireland. But the Irisli Executive were not to 
 be beaten^ and^ after great pressure^ the stubborn 
 Thurlow gave way, and PitzGibbon got the Seal.^ 
 
 Having reached the thousand, I cease my extracts. 
 Suffice it to state that, from 19th June, 1772, to 
 1789, he received fees to the comfortable total of 
 45,912Z. 85. M, Of these, 36,939/. 3s. ll^^. were re- 
 ceived during the last five years and a half. 
 
 During the year 1788, when he was Attorney- 
 General, he was counsel in no less than 1367 cases, 
 tie naturally selected the Munster Circuit, on which 
 his father^s reputation was a good introduction. He 
 soon got into lucrative practice, and was retained in 
 every case of importance. 
 
 In Tipperary he was the advising counsel of an 
 attorney named Denis O^Brien, who lent money to 
 embarrassed landholders, and when the mortgage in- 
 terest was not punctually paid, he quickly filed a bill 
 to foreclose. In this way O^Brien obtained a decree 
 for possession of a house and land denominated Clona- 
 muckoge. But the Chancellor's decree was one thing, 
 and the possession of Clonamuckoge was another; and 
 when the owner was apprised that Mr. Denis O'Brien, 
 armed with the decree of the High Court of Chancery, 
 was about proceeding to take possession, he valiantly 
 resolved to defend it. 
 
 The proceedings present so curious a specimen of 
 the law and order on the Munster Circuit towards the 
 close of the last century, that I give the particulars as 
 they were sent to me : — No sooner did the owner 
 
 1 Yidie O'Flanagan's " Irish Chancellors," vol. ii. p. 200. 
 
 I 2 
 
ii6 
 
 The Munster Circuit, 
 
 hear tliat O^Brien was about to dispossess him^ than he 
 congregated a number of persons in the house, and 
 fortified it for defeuce against the sheriff, or O^Brien, 
 or whosoever was about to assail it. Among the other 
 retainers was a person named Connell, a most expert 
 shot with the rifle, and whose practised aim was sure 
 to hit whatever came within its range. The attack 
 was made, and the conflict resembled the storming of 
 a fortress. There was partial success to the besiegers. 
 The attacking force, commanded by O^Brien, made a 
 lodgment in an outhouse ; but, from the left of this 
 building a detachment of the garrison kept up a flank- 
 ing fire, which prevented the besiegers approaching 
 the principal entrance. It was, therefore, the object 
 of the enemy beneath to dislodge the garrison above ; 
 but these wary men were prepared for this. They had 
 taken the precaution of supplying themselves with 
 large iron pots, bullet-proof, in each of which a man 
 took his stand. The assailants, unaware of this, fired 
 repeated volleys through the boarded ceiling, in hopes 
 of shooting the men above, and apparently without 
 effect; while the fire was returned with deadly efi'ect 
 on the unprotected men beneath. Thus, after suffer- 
 ing severe loss of men, Denis O^Brien had to raise the 
 siege. 
 
 Strengthened by a party of military, in aid of the 
 civil power, O^Brien, in 1784, made another venture. 
 The galling fire kept up by the garrison, and especially 
 Connellys dreaded rifie, rendered the attack also abor- 
 tive. A letter addressed to an ancestor of my corre- 
 spondent is very indicative of the then state of society 
 in Ireland, The writer drove a handsome coach-and- 
 
The Munster Circuit, 
 
 117 
 
 four^ was a deputy-lieutenant and magistrate for the 
 county of Tipperary, his daughter married a British 
 Privy Councillor, Member of the House of Commons, 
 and subsequently British Minister at a foreign 
 Court ; 
 
 ' Sunday, March 2Srd, 1784. 
 
 ^ Dear , — I shall be much obliged to you to 
 
 send me as many men as you possibly can to-morrow, 
 to defend the possession of Clonamuckoge. I shall 
 meet them as early as I can on the lands of Browns- 
 town, which is joining Clonamuckoge. I write also to 
 
 . I hope you will excuse this trouble. I assure 
 
 you I expect it will be in my power to return the 
 compliment. 
 
 ^ I am, with love to my aunt and Mary, 
 
 ^ Tour affectionate kinsman/ 
 
 By these means the possession of Clonamuckoge was 
 retained to this model justice of the peace for a long 
 time, but O^Brien was resolved not to be beat. He 
 accordingly procured a large military force of infantry 
 and artillery from Clonmel, and, with these, and the 
 army of bailiffs, he made his approach as cautiously as 
 if in an enemy^s country. The cannon commenced to 
 to play at so remote a distance that at first the balls 
 fell short ; but as the fire, even on a nearer approach, 
 was not returned, the guns were brought so close the 
 balls pierced point blank, and soon the front wall 
 tottered. The repeated shocks of the cannon quickly 
 did the work of demolition, and reduced the noble 
 house to a heap of ruins. The wary garrison, informed 
 
 2 Eichard Lalor Shiel. 
 
ii8 
 
 The Munster Circuit, 
 
 by their scouts of the nature of the force brought 
 against them^ had time to evacuate the house. Despite 
 the obstinacy of O^Brien^ the loss of life and danger 
 increased^ when he got possession. It turned out he 
 was not entitled to retain it. A period of time after 
 the mortgage money was due, allowed for redemption, 
 had not elapsed, and he was put out by ejectment. 
 But the resistance offered to the sheriff called the 
 attention of the Legislature to the state of the law, 
 and procured the passing of the Act making forcible 
 resistance to legal process a transportable felony. 
 
The Munster Circuit. 
 
 119 
 
 CHAPTER IX. 
 
 Progress of JoTin PMlpot Curran at the Bar. — His fee-book. — 
 First great Case on the Munster Circuit. — Duel with Captain 
 St. Leger. — Judicial exposition of Duelling — Counsel's rea- 
 diness to fight. — Lord Chancellor Clare's enemity to Curran. — 
 Suicide of Baron Power. 
 
 Michaelmas term 1775 witnessed the call to the Bar of 
 the most eloquent advocate John Philpot Curran. He was 
 for years the leader of the Munster Circuit and at the 
 time of his admission to practise at the Bar, was twenty- 
 five years old, married, and though rich in talent, poor 
 in worldly wealth. Of him Davis thus writes : — 
 
 The hills of Duhallow had laid lines of beauty and 
 shades of wildness on his eye and soul. He had been 
 sharpened by the position of his family — ennobled by. 
 the force of his mother^s mind — instructed in Irish tra- 
 ditions and music. Knowing these, and such lore as 
 Boyce could teach him, he left Newmarket. This wild, 
 fanciful, earnest boy then picked up classic experience 
 and ambition at Midleton, and was ennobled by gene- 
 rous companions, refined by study and society, and 
 made fiery by lore and pleasure in college. 
 
 In London, amid his melancholy and wildness, he 
 had a strong resolve to be great and good. His me- 
 lancholy grew glorious then, as sun-lit clouds; and 
 Tionesty sustained his ambition against oppression or 
 
I20 
 
 The Mtmster Circuit, 
 
 dissipation. He loved to labour because he longed to 
 enjoy/' 
 
 After a careful training in London debating societies, 
 he acquired a readiness and fluency which soon brought 
 him to the front, and when called to the Bar he was 
 not allowed to linger in obscurity. Through the kind- 
 ness of my accomplished friend, W. J. Fitz-Patrick, 
 Esq., J. P., I have obtained from Mrs. Curran, the first 
 fee-book of John Philpot Curran, which disproves the 
 generally accepted idea he remained for some years a 
 briefless barrister. The first page of his fee-book is 
 thus given : — • 
 
 " Called to the Bar November 27th, 1775. 
 
 £ s. d, 
 
 Nov. 29th, Webb Carey v. Carey case . . 2 5 6 
 
 1776, Hilary Term 6 16 6 
 
 Easter, absent (Spring Circuit) . . . 7 19 3 
 
 May 22, at Tallow Hobson . . . . 11 7 
 
 June 14, Clonmel— Toler . . . . 34 2 6 
 
 Remainder of Trin. Term — Black eye . . 4 11 
 
 Summer Circuit 11 4 9 
 
 Mich. Term 6 16 6 
 
 Prim. Anno . . . 85 2 6 
 
 " 1777 Spring Assizes 31 19 10 
 
 He made in his second year, 132Z. 12^. 8cZ. ; in his 
 third year, 568Z. 13s. 9d. ; in his fourth year, 1038/. 10s. ; 
 not including the last Sligo Committee. 
 
 This branch of professional emolument appears from 
 Curran's fee-book to have been a great source of income. 
 From 1778 he appears to have been much engaged on 
 
The Munster Circuit 
 
 121 
 
 Parliamentary Committees^ and as each attendance is 
 marked 1 1 1, Is, &d, was soon a profitable employment. 
 The story related in Mr. Phillips^ Reminiscences of 
 Curran and his Contemporaries/^ of his living in a 
 place called Hog-hill, in dirty lodgings, with a starving 
 wife and dunning landlady, and returning from atten- 
 dance at Court to find before him his first brief with 
 twenty golden guineas^ and the name of old Bob Lyons 
 on the back of it/^ turns out, from the record before 
 me, not quite accurate. 
 
 In the first place, Curran never lived in Hog-hill, 
 and according to Davis there never was such a place in 
 Dublin. When called to the Bar he lodged in Redmond- 
 hill, a street between Cu3*e-street, and Digges-street, 
 a region then much frequented by barristers. Here he 
 probably remained until 1781, when, according to his 
 fee-book, he was in Ely-place. 
 
 Secondly, the brief with the fee entered in Currants 
 book as 22Z. 15s. is among those received in Hilary 
 Term, 1778, and was by no means the first. It was in 
 the Parliamentary Petition of Ormsby v, Wynne, in 
 which he had been retained by Mr. Lyons, agent for 
 Mr. Wynne, who then gave him a fee of 7s, Qd, 
 This was a profitable case. I find he received for at- 
 tending the Committee 21 IL lOs, The Committee, I 
 apprehend, unseated Mr. Wynne, for I find also in 1778 
 the entry— ''Mr. Wynne, Sligo Election, lOOU' Mr. 
 Wynne was rather unfortunate in being returned, for 
 he was again brought before a Parliamentary Committee. 
 Under the heading, '^Hilary Term, 1780,^^ comes the 
 familiar entry, — 
 
 Ormsby v, Wynne — Lyons — Com. Petition. Re- 
 
122 
 
 The Mtmster Circuit, 
 
 tainer 22/. IS^./^ followed by entries of attendances, 
 the fees amounting to 34Z. Is. 6c?. 
 
 Another statement of Mr. Phillips is refuted by the 
 fee-book. Mr. Phillips describes Curran as having 
 attended the Cork Assizes, and walked the hall, term 
 after term, without either profit or professional repu- 
 tation. Now I find that rapid as was the increase of 
 his Court business in Dublin, that of his Circuit was 
 fully equal to it. 
 
 I quote his own returns : — 
 
 £ s. d, 
 
 "1776. Spring Circuit 7 19 3 
 
 Summer Do 11 4 9 
 
 "1777. Spring Do 31 19 10 • 
 
 Summer Do 36 
 
 "1778. Spring Do. . 
 
 Clonmel. . . . 15 18 6 
 Cork . . . . 54 12 
 
 70 10 6 
 
 Summer Do 62 11 3 
 
 "1779. Spring Do 86 
 
 Summer Do 34 2 6 
 
 "1780. Spring Do 34 
 
 Summer Do 180 
 
 "1781. Spring Do 120 " 
 
 This is the last entry of his gains on Circuit entered 
 in this book; and as his fame rapidly increased after 
 his speech in Kev. Mr. Neale v. Lord Doneraile.in 1780, 
 I am sure his receipts henceforward must have been 
 very great. If I have gone too minutely into this early 
 record of the professional life of Curran, his name and 
 fame must be my apology. 
 
The Mtmster Circtdt, 
 
 123 
 
 During the Cork Summer Assizes of 1780, an action 
 for assault and battery was tried, which, from the po- 
 sition of the plaintiff and defendant, excited great in- 
 terest throughout the country. The plaintiff was a 
 Eoriaa Catholic priest, Rev. Mr. Neale ; the defendant. 
 Lord Doneraile. 
 
 This nobleman, son of Eichard Aldworth, Esq., of 
 Newmarket, county Cork, had succeeded to the estates 
 of his uncle Hayes, fourth Viscount Doneraile, that 
 nobleman having died without issue in 1767. He was 
 then St. Leger Aldworth; but, on becoming the owner 
 of the estates of his maternal ancestors, assumed 
 the family name of St. Leger, and on the 2nd July, 
 1766, was created Baron Doneraile. 
 
 It was the misfortune of this peer to have drawn a 
 peasant girl from the paths of virtue, and, shortly 
 after, the brother of this girl committed some crime 
 calling for ecclesiastical censure, which the Rev. Mr. 
 Neale, by the directions of his bishop, carried into 
 effect. The young object of Lord Doneraile 's illicit 
 love applied to his Lordship for his interference in 
 her brother^s favour, and was promised prompt 
 redress. Accompanied by a kinsman, Captain St. 
 Leger, who had retired from the service, Lord Done- 
 raile sought the small cottage in which Father Neale, 
 the priest, resided. He was an aged man in poor 
 circumstances. The Penal Laws were in full force, 
 and he lived in seclusion. He was engaged in his 
 office of prayer when he heard a loud voice calling him 
 forth. He looked up and saw Lord Doneraile, 
 mounted on horseback, calling him. He rose from his 
 knees, and, book in hand, bareheaded, and feeble with 
 
124 
 
 The Munster Circuit 
 
 age, the priest obeyed his lordship^s imperative sum- 
 mons. 
 
 You have dared/^ cried his lordship, to hurl the 
 censures o£ your Papist Church against one of my men. 
 I, Lord Doneraile, command you to remove it instantly/^ 
 
 The priest declared he would willingly do so if the 
 matter rested with him, but it did not. He was bound 
 to obey his bishop ; the censure could not be removed 
 save by the bishop^s orders. 
 
 Losing command of his temper, the angry peer struck 
 the defenceless old priest repeatedly with his horsewhip, 
 until the blood flowed, and the priest retreated, stunned 
 and bleeding, into his humble dwelling. 
 
 A courageous attorney ventured upon the bold step 
 of bringing an action for assault on behalf of Father 
 Neale against St. Leger, Baron Doneraile, and the cause 
 was in the list of records to be tried at the Summer 
 Assizes for the County of Cork, in 1780. 
 
 The Bar, as usual, mustered strong at Cork for the 
 Assizes, but such was the St. Leger influence that no 
 counsel was desirous of appearing for the plaintiff in 
 this action. 
 
 Strange enough that Curran, who was a native of 
 Newmarket, and whose father had been seneschal of 
 the Manor Court of the Aldworths^ family, should have 
 volunteered to be the plaintiff^s counsel. He felt that 
 the case was one demanding redress, and determined 
 the priest should not be ino-ps consilii, but should have 
 the benefit of his advocacy. He portrayed in scathing 
 terms the outrageous conduct of the defendant ; depicted 
 the character of the humble priest; and lashed with 
 fierce invective the man who stood tamely by and never 
 
The Mtmster Circuit. 
 
 125 
 
 interfered to save Father Neale from the lash of his 
 angry relative. He termed Captain St. Leger a rene- 
 gade soldier, a drummed- out Dragoon, and turned this 
 captain into ridicule when he came to be a witness for 
 the defendant. 
 
 You are a soldier, sir ? asked Curran. 
 
 " No ; I am an officer/^ replied St. Leger. 
 
 " I see/^ said Curran. " You are then an officer, but 
 no soldier,^' 
 
 The witnesses for the defence were obliged, under 
 Currants powerful questions, to establish in the full the 
 plaintiff^ s case ; and under his vehement advocacy the 
 jury decided according to the evidence between man 
 and man, and found a verdict for Father Neale with 
 thirty guineas damages. 
 
 This verdict Davis calls a conquest over the powers 
 of Darkness ; the first spoils of emancipation.^^ 
 
 In consequence of the way Curran cast ridicule upon 
 Captain St. Leger, that officer demanded a hostile 
 meeting. Curran went out, and when on the ground 
 St. Leger asked Who should fire first ? 
 
 ^^I am here,^^ said Curran, by your invitation, so 
 you must open the ball.^^ 
 
 After an exchange of shots, without effect, the affair 
 terminated. Captain St. Leger died shortly after, and 
 Curran said it was of fright ; he died from the report of 
 his own pistol^ 
 
 Duelling was very prevalent throughout Ireland during 
 the last and early part of the present century. We 
 may well cease to feel surprise at the prevalence when 
 upon a motion for a criminal information in the Court 
 of King^s Bench, Dublin, the Chief Justice — Lord 
 
126 
 
 TJu Mimster Circuit, 
 
 Clonmel^ gave a judicial exposition when he expressed 
 himself as follows : — 
 
 There are cases where it may be^ and when it is, 
 prudent for a man to fight a duel — cases in which the 
 law does not afford him redress — cases of persever- 
 ing malignity — cases of injured honour — cases of a 
 wounded spirit ; and a wounded spirit who can bear ? In 
 cases of this complexion the Court will never interfere 
 with its discretionary authority against him. But in 
 all these cases where a man seeks to bring himself into 
 notice by provoking a combat — when an aspiring up- 
 start seeks to put himself on a level with, or to humble 
 his superior, cases where there has been no provocation 
 — no sufficient ground to force a man of prudence to 
 have recourse to the ultima ratio y or cases (as frequently 
 happens in this country) where a man seeks to decide 
 a contested right or a claim of property, by this sort of 
 wager of battle, in all these cases the Court will lend 
 its discretionary arm, and bear, more or less heavily, 
 upon the party according to the nature of his trans- 
 gression/^ 
 
 In these days duelling was rather the rule than the ex- 
 ception for gentlemen settling their differences. The Bar, 
 were as fond of the Reports of pistols — as Reports of law 
 — and the portion of the Park called the fifteen acres,^^ 
 ^^be the same more or less,^^ as a combative attorney clerk 
 wrote when fixing the ground with an opponent, was 
 usually the spot where men often were left quivering 
 on the daisies.^^ John Fitz-Gibbon when Attorney- 
 General, fought a duel with John Philpot Curran, and 
 missed ; both parties were to fire when they liked, and 
 Curran, observing his opponent to take aim, when the 
 
The Munster Circuit. 
 
 127 
 
 bullet left him unscathed, said, I wonder you missed 
 me, for your aim was deliberate enough/^ 
 
 At the Cork Spring Assizes of 1 794 several prisoners 
 were indicted for sedition, and Mr. Day, K.C.^ was di- 
 rected by the Attorney- General to prosecute specially 
 for the- Crown. In his opening statement, he felt it 
 necessary to advert, in strong language, to a member 
 of the Circuit, then in Court, who he asserted was the 
 fomenter of these very crimes which brought the pri- 
 soners to the Bar of justice. The barrister thus alluded 
 to, declared, loud enough to be heard by those who sat 
 near him, that if these expressions were not retracted 
 he would offer a personal insult to the Crown Counsel, 
 when the Court adjourned.''^ 
 
 Mr. Thomas Grady relates what occurred. Having 
 the honour of an intimacy with that learned person, Mr. 
 Day, I went round, and informed him of this declaration; 
 and he did not hesitate a moment, but, upon Lord Clon- 
 melPs principle, said what it was prudent for him to do 
 upon the occasion. He desired me to go back, and 
 inform that barrister, that he would not have made 
 use of these expressions, but under an imperious sense of 
 duty; having so made use of them, he would not retract 
 them, but that he would give him any personal satisfac- 
 tion he demanded as soon as the Court should rise."'^ 
 
 I immediately communicated his sentiments in his 
 own words to the barrister in question, and the learned 
 counsel never since heard any more of the matter.^' 
 
 While Fitz-Gibbon was Chancellor he evinced such 
 hostility towards Curranasto deprive him of nearly all 
 business in the Court when Lord Clare presided. On 
 such rare occasions as Curran could retaliate, he lost no 
 
128 
 
 The Munster Circuit 
 
 opportunity of doing so. One day while Curran was 
 addressing the Chancellor^ his lordship turned to pat 
 the head of a favourite dog that was beside him on the 
 bench. Curran paused^ and the Chancellor said^ Why 
 do you not proceed, Mr. Curran ? the learned counsel 
 rejoined, Because I thought your Lordship was in 
 consultation/^ Curran estimated his loss by the Chan- 
 cellor's hostility at thirty thousand pounds. 
 
 Curran was not the only person who suffered from 
 the arrogant Chancellor. He caused the suicide of 
 a judge. 
 
 As a general rule, judges do not die by their own 
 hand. They do not condemn themselves to death, like 
 the Pope who it is said ordered himself to be burnt, 
 
 and,'' adds the Chronicler, he was burned." They 
 usually die of old age, and law officers consider them 
 rather tough than otherwise. The legal annals of Ire- 
 land,^ as far as I have been able to discover, give only 
 one instance of suicide by a judge. This was a very 
 sad case and was brought about in a lamentable way. 
 
 In 1793, about five years after Fitz- Gibbon had been 
 elevated to the woolsack and ruled the Irish Court 
 of Chancery with the arrogance peculiar to himself, 
 one of the Barons of the Court of Exchequer was Baron 
 Power. He was a man of great learning, but very 
 eccentric. In stature he was short, and stout, but set 
 up for an elegance to which he had no natural claim. 
 In his own clumsy way he was as despotic as the lordly 
 Chancellor, and combined a rude vulgarity of manner, 
 
 * In England a sad occurrence took place a few years since, 
 the suicide of Mr. Justice Willes; but he was an Irishman, 
 a native of Cork. 
 
The Mtmster Circuit, 
 
 129 
 
 witli an affectation of gentility. He was penurious to 
 stinginess^ yet, with strange contradiction, possessed a 
 morbid love of display. He was very rich, and, together 
 with his judgeship, unfortunately held the office of 
 Usher to the Court of Chancery. By the usual custom, 
 this office was very lucrative, large sums of money, con- 
 cerning which Bills were filed, instead of being placed 
 with the Accountant- General to the credit of the cause, 
 were placed with the Usher to abide the result of the 
 decree. Interest derived from these lodgments formed 
 the remuneration of the Usher. A protracted suit, to 
 which the Duke of Chandos and his tenants were parties, 
 had been pending for some years, and the rents, under 
 an order of Lord Lifford, when Lord Chancellor, were 
 directed to be invested in Government funds, the prin- 
 cipal and interest accruing therefrom to form a fund for 
 whichever party obtained the final decree. The suit at 
 length terminated in favour of the tenants, who were 
 declared entitled to the fund in Court. When they 
 applied to the Usher, however, he was only paying the 
 principal, contending that was all they had a right to 
 receive."^^ As the interest amounted to the large sum 
 of 3000Z., it could hardly be expected the tenants would 
 tamely consent to be deprived of this sum, and accord- 
 ingly presented a petition to the Lord Chancellor against 
 the Usher. The Lord Chancellor, it is stated,^ had a 
 great antipathy to Baron Power, and lost no opportunity 
 for displaying his dislike. The present was quite ample 
 occasion to indulge his rancour, for, on finding that the 
 order of his predecessor was express, and that the in- 
 
 2 Gilbert's History of Dublin," vol. iii. p. 290. 
 
 K 
 
130 
 
 The Munster Circuit. 
 
 terest should follow the principal^ and the withholding 
 it was quite unjust^ he made a peremptory order^ that 
 the Usher should attend in Courts and account for his 
 conduct/^ Baron Power^ in a communication to the 
 Lord Chancellor, remonstrated against this order. He 
 called the Chancellor's attention to his station as one of 
 the judges, having a seat on the same bench with the 
 Chancellor in the Exchequer Chamber, and besought 
 him to spare him the indignity of a public reprimand. 
 To this the Lord Chancellor replied, that he was not 
 dealing with Baron Power, but with the Usher of his 
 Court,'' that he should insist upon the personal attend- 
 ance of the Usher to explain his conduct, and required 
 his attendance the next morning. He added, in very 
 peremptory terms, ^^that no person should hold any office 
 in the Court of Chancery, as long as he presided, who 
 failed to give personal and immediate attendance when 
 directed/' 
 
 This mandate struck deep into the heart of the delin- 
 quent official. There was no room for evasion, or for 
 much delay. True, the next day was Sunday, when the 
 dreaded explanation could not be given, for the Chan- 
 cellor did not sit, and, although the sum of three thou- 
 sand pounds was large, it was nothing in point of fact, 
 as far as payment went, for the Baron had at this time 
 invested for his own use no less than sixty thousand 
 pounds in the funds. But there was the disgrace of 
 seeking to appropriate to himself the property of others, 
 though he might have rested his defence upon the esta- 
 blished practice of the office. This preyed so deeply 
 upon the mind of the wretched Baron, that it affected 
 his reason, and he resolved on self-destruction. The 
 
The Mtmster Circuii. 
 
 131 
 
 sabbath day came with its solemn quiet ; the bells tolled 
 forth their invitation to prayer ; churches and chapels 
 held their crowded congregations ; but no holy thought 
 soothed the perturbed spirit of the Usher of the Court 
 of Chancery; no regard to the future passed over the 
 mind of Baron Power. If it did^ it was rapidly put 
 aside_, or buried beneath the sullen and stern resolve of 
 the suicide. At one o^ clock all was ready ; he had passed 
 the morning in arranging his papers^ and made his will. 
 He then ordered his horse^ and attended by his servant 
 rode forth to die. 
 
 When he reached the extremity of the South Wall, 
 he deliberately dismounted, and gave his horse to his 
 groom, with directions to walk the animal to Ringsend, 
 and there await his return. He stood still until he was 
 alone, and then plunged into the packet dock, from 
 whence he never emerged alive. His lifeless body was 
 found next day. 
 
 Baron Power resided from the year 1771 to the date 
 of his melancholy end in Kildare- street. He had no im- 
 mediate family, but two nephews, highly respected 
 gentlemen, inherited his great wealth. This sad event 
 placed a very lucrative appointment in the gift of the 
 Lord Chancellor. 
 
132 
 
 The Mmzster Circuit. 
 
 CHAPTER X. 
 
 State of Kerry and Cork in 1787. — Breaking out of prison. 
 —The Eebellion of 1798.--Diary of Wolfe Tone.— Sir 
 Yesyan Pick, Mayor of Cork, 1796. — Henry and John 
 Sheares. — Judge Day. — Tragical Death of Colonel Fitz- 
 Gerald. — Fate of the Honourable Miss King. 
 
 The kingdom of Kerry^ as Curran called it, in a speech 
 delivered in the Irish House of Commons, on the 23rd 
 January, 1787, was then in a very disturbed state. He 
 speaks of this as owing to the supineness of the local 
 authorities. The low and contemptible state of your 
 magistracy is the cause of much evil, particularly in 
 the kingdom of Kerry. I say kingdom, for it seems, 
 absolutely, not a part of the same country as the rest 
 of Ireland. 
 
 Sir, I will relate to you a circumstance that will 
 give you an idea of the vigilance of the magistrates 
 in that quarter. One Laly, a notorious offender, for 
 whom a reward had been offered by Government, ap- 
 peared openly in the county. A poor cottager was 
 met by a person one morning as he was going to pay 
 his rent. The person asked him, ^ Was he not dis- 
 tressed to make up the money ?^ The poor cottager 
 innocently replied, ^ Why should I want money, when 
 I can at any time get fifty pounds for informing 
 
TJie Minister Circuit, 
 
 133 
 
 against Laly ? ^ For having dropped this expression, 
 the wretched cabin was that night broken open by six 
 armed men; and as himself, his wife and children 
 sat round a little table, at their tasteless and scanty- 
 meal of dry potatoes, a blunderbuss was discharged on 
 them, scarcely one of the children escaped being 
 wounded ; the father was shot dead on the spot. In 
 Tralee another fellow broke gaol, and they are both 
 walking about the country, not skulking or hiding, 
 but in the face of day. To my own knowledge, in- 
 formations were laid before a magistrate — a very 
 respectable person — but no step has been taken to 
 apprehend them, and the murderers and the outlaw 
 stalk about the land, laughing at the sleeping laws/^^ 
 
 The county of Cork almost equalled Kerry in law- 
 lessness. Men with blackened faces (they could not 
 be designated Wliite Boys) roved about, armed with 
 swords and bludgeons, and entered the shops of re- 
 spectable citizens, injuring the goods and breaking 
 the windows. The only reason which could be as- 
 signed for such misconduct being that the shop con- 
 tained English and Dublin goods. 
 
 The condition of the prisons, in the various towns 
 on the Munster Circuit towards the close of the 
 eighteenth century, was very deplorable. In those 
 days debtors, who were insolvents, were obliged to 
 herd with criminals, and the following is a strong 
 proof of the sad state to which persons in the always 
 unhappy state of impecuniosity were subjected : — 
 
 The debtors in the South Gaol of Cork were reduced 
 
 1 Debates, vol. vil. pp. 41, 42. 
 
134 
 
 The Minister Circuit. 
 
 to the necessity of drinking salt water for tlie last 
 three months^ their pumps being for a long time dry, 
 and many of them in consequence very ill^ they humbly 
 besought the managers of the pipe-water^ through the 
 newspapers of the day (Nov. 27th^ 1782)^ to redress 
 that great want/^^ The prisons were in so insecure 
 a state that escapes from custody were of common 
 occurrence. Several took place in 1 782. On December 
 27th of that year, the criminals in the North Gaol of 
 Cork, by the aid of saws, cut their way into the room 
 where the keys were kept, which they broke open, 
 and got into the upper rooms, and, by making a rope 
 fast, five of them let themselves down into the street 
 and escaped. Among them was a notorious robber, 
 called Jack-a-boy, whose feats seem to have rivalled 
 Jack Sheppard^s. He was not so lucky this time, for he 
 was captured the following morning at Blackpool, and 
 conducted back to his old lodgings. He seems to have 
 been long in custody — for, under date of 28th Sep- 
 tember, 1785, it is related the criminals in the North 
 Gaol attempted to escape. They broke several of the 
 doors to get to the top of the gaol, which they suc- 
 ceeded in reaching. Theu, by tying their blankets 
 and sheets together, they made safe their descent to 
 the street. Jack-a-boy, or John Callaghan, which was 
 his proper name, together with a man named Linehan, 
 both under sentence of transportation, made good 
 their escape on this occasion. Another of the band 
 was retaken, concealed under a boat on the quay. 
 A few years later, in 1787, three felons, prisoners in 
 
 - Tuckey's " Cork Remembrancer." 
 
Tlie Munster Ciraiit, 
 
 135 
 
 the South Gaol of Cork, under sentence of transport- 
 ation, escaped from their cells by means of the sewer ; 
 and, getting into the river at low water, waded across. 
 But it was low water with them, for, on landing, they 
 were recaptured. 
 
 In 1791 another attempt nearly succeeded. On the 
 door of the County Gaol being opened a felon rushed 
 out, made towards Hanover-street, over Wandesford 
 Bridge, where the turnkey overtook him; upon this 
 the convict, who was armed, attempted to shoot him, 
 but, luckily for the turnkey, the pistol missed fire, and 
 the convict was brought back in custody. 
 
 An amusing instance is related of the ingenuity of a 
 Cork citizen in capturing a thief, which deserves a 
 place in this history. Mr. Nixon — for such was the 
 citizen^s name — being repeatedly robbed of articles of 
 jewellery, baited a gin rat-trap with a pair of diamond 
 buckles, and placed the whole under a glass case. 
 When the thief paid his customary predatory visit, 'he 
 cautiously removed the case, and tried to snatch the 
 glittering prize, but the effort caused the trap to close 
 with a snap that held his hand tight, until Mr. Nixon 
 caught him in the act, and he was speedily lodged in 
 gaol. 
 
 A case of abduction cost a respectable clergyman his 
 life. A party of gentlemen, among whom was the 
 Rev. Emanuel Moore, joined in pursuit of a gang who 
 had forcibly abducted a farmer^s daughter, in County 
 Cork, and coming close to them were met by a volley 
 of fire-arms, by which the Eev. Mr. Moore was killed.^ 
 
 ^ Tuckey's " Cork Eemembrancer." 
 
136 
 
 The Mtmstcr Circuit 
 
 A considerable portion of the Munster circuit was 
 much agitated by the Rebellion of 1798. The French 
 expedition^ organized by Wolfe Tone^ who^ undoubtedly, 
 was a man fitted to take a leading part in any perilous 
 enterprise, had, in 1 796, nearly effected a landing in 
 Bantry Bay. Toners diary gives ample evidence of 
 what might have taken place had not the same power 
 which saved England from the Spanish Armada saved 
 Ireland from the French invasion. Under date of 
 December 22, 1796, Tone says, — 
 
 " This morning, at eight, we neared Bantry Bay 
 considerably, but the fleet is terribly scattered. No 
 news of the Fraternite, I believe it is the first in- 
 stance of an admiral, in a clean frigate, with moderate 
 weather, and moonlight nights, parting company with 
 his fleet. 
 
 December 2bth. — Last night I had the strongest 
 expectation that to-day we should debark, but at two 
 this morning I was awakened by the wind. The wind 
 continues right ahead, so that it is absolutely impos- 
 sible to work up to the landing-place, and God knows 
 when it will change. 
 
 Had we been able to land the first day, and march 
 directly to Cork, we should have infallibly carried it 
 by a coup-de-main^ and then we should have a footing 
 in the country ; but, as it is — if wo are taken — my fate 
 will not be a mild one.^^ 
 
 Conway and Swanton, both Cork men, were actively 
 engaged in supporting the cause of the United Irish- 
 men. Conway was one of the directory. He was a 
 watchmaker. Both he and Swanton were arrested, and 
 lodged in Cork Gaol. Conway^s health broke down 
 
The Mimster Circuit. 
 
 137 
 
 under the confinement, so he offered to give informa- 
 tion against his rebellious associates in exchange for 
 his liberty. 
 
 This offer was accepted, and the Cornwallis Cor- 
 jrespondence informs us, the information he gave 
 was very valuable.* 
 
 Mr. Swanton was a native of Danmanway, and 
 effected his escape. He went to America, and em- 
 ployed his talents in the legal profession with such 
 success that he became a judge. He revisited his 
 native land in after-years. The Mayor of Cork, in 
 1796, was Sir Vesyan Pick, and we can make allow- 
 ance for his perturbed mind when the news reached 
 Cork that the French fleet were in Bantry Bay. He is 
 said to have sent despatches to the Lord Lieutenant, 
 informing him the city was in a state of readiness, and 
 that at the time of writing he held a sword in one 
 hand and a pistol in the other. 
 
 The unfortunate brothers — Henry and John Sheares 
 — were barristers and members of the Munster bar. 
 Their father was a highly respectable and opulent 
 banker residing in Patrick-street, Cork, and was re- 
 markable for his humanity — a humanity of deeds, not 
 words. In 1774 he established a society in Cork for 
 the relief and discharge of persons confined in the 
 gaols for small debts. He was a member of the 
 Irish Parliament, having represented the borough of 
 Clonakilty in the House of Commons from 1761 to 
 1768, in place of Lord Boyle, returned for the county. 
 Both these gentlemen — Henry and John Sheares — 
 
 ^ Cornwallis CorrespondcBce, vol. iii. p. 85. 
 
138 
 
 The Munster Circuit. 
 
 imbibed tlie temnbly democratic principles of the 
 Frencli Revolution^ and O^Connell, who met them on 
 his return from the Colleges of St. Omer and 
 Douai^ was horrified at the language in which they 
 boasted of having witnessed the execution of Louis 
 XVI. 
 
 They had been friends of Fitzgibbon, Earl of Clare^ 
 and it is said that Henry Sheares was his successful 
 rival in gaining the affections of Miss Swete,, to whom 
 Fitzgibbon was greatly attached. 
 
 It is highly creditable to the memory of that noble- 
 man to relate the following anecdote^ communicated 
 by my respected friend^ the late James Roche^ the 
 Roscoe of Cork, one of the most learned men of 
 his time^ and a frequent contributor to various 
 periodicals : ^ — 
 
 Before the outbreak of the insurrection in 1798^ 
 during the assizes of Limerick, Lord Clare desired to . 
 have an interview with the two Sheareses, to which 
 my father, in the hope of a pacific result, invited them 
 to his house; but it ended, unfortunately, in more 
 intense exasperation and irritation, as was discernible 
 in the young men^s flushed features and defiant bear- 
 ing as they parted. Yet the Chancellor's object was 
 certainly benevolent and conciliatory ; but they were 
 intractable. The interview was close and private, still 
 I marked their aspect on leaving the house — inflamed 
 and indignant in every lineament. Possibly overtures 
 
 ^ These valuable papers, chiefly contributed to the " Gen- 
 tleman's Magazine," were printed for circulation among his 
 family and friends in two vols., entitled " Essays by an Octo- 
 genarian." He died in 1853. 
 
The Mimster Circint, 
 
 139 
 
 repulsive to their feelings may liave thus excited 
 them/' 
 
 They were, as we know, executed. They were be- 
 trayed by Captain John Warnford Armstrong, who 
 visited them as a friend. 
 
 The judges who, towards the close of the last cen- 
 tury, usually went the Munster Circuit, were Barry 
 Yelverton, Lord Avonmore, the Right Hon. Thomas 
 Kelly, Judge Crookshank, Judge Finucane, and 
 Judge Day. Some anecdotes yet linger of these old 
 judges. Judge Kelly, remarking a sporting juror of 
 the county Clare coming into court after a fine had 
 been recorded against him for absence, reminded the 
 dilatory juror, ^^You would not have been so late at 
 a fox-hunt. 
 
 Judge Day, who was a very tall man, was seen 
 walking with the late Sir Arthur Clarke, whose 
 dwarfish figure presented a very marked contrast with 
 that of the judge. There goes,''^ said a witty bar- 
 rister, ^Hhe longest Bay and the shortest {KJNigJit^^ 
 
 When once, on the Munster Circuit, his Associate 
 Judge, Serjeant Browne, was a mere dwarf in com- 
 parison. This occasioned the following epigram : — 
 
 " As brawny Day and puny Brown 
 Came thundering into Limerick town, 
 
 * Lord ! ' cries a lout, with, wondering eyes, 
 
 * Call you them Judges of Assize ! ' " 
 
 At the Assizes of Limerick, in 1799, Judge Day was 
 trying to dispose of the heavy calendar of criminals, so 
 as to keep his time for opening the commission in 
 Tralee. He was going into a fresh case so late as 
 
140 
 
 The Minister Circuit, 
 
 twelve o^clock at night, despi^te the earnest protest of 
 the bar. He would Jisten to no remonstrance, and 
 was directing the jury to be sworn, when a note was 
 handed him by the crier. The judge read it, his 
 features relaxed into a smile, and he suddenly declared, 
 He would go no further that night/^ The note con- 
 tained the following lines, written by a member of the 
 circuit named Casey : — 
 
 Try men by niglit I iny lord, forbear ; 
 
 Think what the wicked world will say ; 
 Methinks I hear the rogues declare 
 
 T\idX justice is not done by Day.'* 
 
 Towards the close of the year 1797, a very tragical 
 occurrence took place on the Munster circuit, for which 
 indictments were preferred at the Lent Assizes, in 
 April, 1798. The going judges were the Eight Hon. 
 Thomas Kelly and the Hon. Matthew Finucane. The- 
 grand jury was composed of gentlemen of the highest 
 rank in the county — Lord Boyle, eldest son of the 
 Earl of Shannon (foreman) ; Deane Freeman, Uniacke 
 Fitzgerald, Longfield, Aldworth, Townsend, &c. ; and 
 the senior judge charged them carefully; for among 
 the cases to go before them was one charging no less 
 personages than Robert Earl of Kingston and his son, 
 the Hon. Robert King, with the crime of murder. 
 The evidence proved that the Earl of Kingston, then 
 Lord Kingsborough, accompanied by his son. Colonel 
 King, arrived at the hotel in the principal street of the » 
 town of Kilworth, in the county of Cork, in the evening 
 of a day in October, 1797. His lordship inquired 
 whether a strange guest had arrived there that day, 
 
The Munster Circuit, 
 
 141 
 
 and was answered in the affirmative. He then asked 
 if he could see him^ and was told he was then in the 
 house^ but had gone to his room/^ His lordship then 
 sent up his compliments by the waiter, with the ex- 
 pression of his anxiety to see him on business. The 
 waiter went to the guest^s bedroom; the door was 
 locked^ and the guest^ who, it appeared, was a Colonel 
 FitzGerald, refused to open it^ and told the waiter 
 " not to disturb him at such a late hour, as he could 
 attend to no business that evening/^ His voice at once 
 told Lord Kingsborough and his party that Colonel 
 FitzGerald was the speaker inside. They voci- 
 ferously demanded admittance. Their request was 
 not acceded to, and the door yielded to pressure, and 
 they rushed into the bedroom. Colonel FitzGerald 
 was armed with a brace of pistols. Colonel King 
 at once rushed towards him in order to seize him. 
 Colonel FitzGerald grappled with him, when Lord 
 Kingsborough, violently excited, shot FitzGerald, who 
 immediately fell. Dr. Pigot, of Kilworth, was sent 
 for, but the wound was mortal, and the unhappy man 
 shortly ceased to live. Lord Kingsborough at once 
 went to the seat of his brother-in-law, Moore Park, 
 Kilworth, residence of the Earl of Mount Cashel, and 
 oflfered to take his trial, exclaiming, God ! I don^t 
 know how I did it ; but I most sincerely wish it had 
 been by some other hand than mine.^^ Bills of indict- 
 ment were prepared and sent before the grand jury, 
 as I have already stated, and were found against 
 Robert Earl of Kingston, Colonel the Hon. Robert 
 King, and John Harvey. As the Earl of Kingston, 
 father of Lord Kingsborough, had died subsequently 
 
142 
 
 The Munster Circidt, 
 
 to the commission of this homicide^ on 13th of 
 November^ 1797^ Lord Kingsborough became Earl 
 of Kingston^ and therefore the indictment found at 
 the Cork Spring Assizes of 1798 was moved by cer- 
 iiorariy to the High Court of Parliament^ in order that 
 the earl should be tried by his peers. ^ 
 
 The case of Colonel King and John Harvey was 
 tried by a petty jury at the Cork Assizes. Both were 
 acquitted^ for the witnesses to sustain the prosecution 
 were not to be found. The circumstances which led 
 to this fatal renmntre are of so very romantic a nature, 
 that I cannot forbea-r narrating them, as, from my 
 knowledge of the Kingston family, and being a native 
 of the locality, I am cognisant of the facts. 
 
 E-obert, second Earl of Kingston, when Viscount 
 Kingsborough, married, in 17G9, Caroline, only daughter 
 and heiress of Eichad FitzGerald, Esq., of Mount 
 OThaly, county Kildare. A brother of Lady Kings- 
 borough left an illegitimate son, named Henry Fitz- 
 Gerald, whom Lady Kingsborough, from a motive of 
 compassion, brought up with her own children. One 
 of these children, Mary, was very beautiful, and pos- 
 sessed singularly abundant and curling hair. 
 
 Young Henry FitzGerald, when old enough to enter 
 the army, did so, and, backed by the powerful influence 
 of the Kingston family, rapidly rose to the rank of 
 colonel. He w^as endowed with manly grace of form 
 and feature, had married well, and lived with his wife 
 at Bishopsgate, near the Thames. Not remembering 
 
 ^ He was tried in the House of Lords, Dublin, on the 18th of 
 May, 1798, and acquitted, there being no evidence adduced to 
 sustain the indictment. 
 
TJie Munster Circuit, 
 
 143 
 
 all he owed to the Kingston family, or to his own, ho 
 gained the affections of the Honourable Mary King, 
 and induced her to elope with him. 
 
 This sad event took place in ] 797, and the strange 
 disappearance of the young lady caused deep pain and 
 surprise to her family, especially her agonized parents. 
 Every effort was made to discover her retreat. Not the 
 least suspicion of Colonel FitzGerald being implicated 
 ever entered the minds of the afflicted family of the 
 missing girl. He had been like a brother among 
 them, and was looked on as one of themselves. And 
 no one seemed more horror-stricken at the sad event 
 which occurred, or evinced greater activity to trace 
 the fugitive. The river was dragged to see if she had 
 committed suicide. Handbills, offering large rewards 
 for information, papered every spare wall. The police 
 of London were incessant in their efforts to gain 
 tidings, and yet no trace could be found of the Hon. 
 Mary King. At length some information was given 
 which showed the young lady was alive. A post-boy 
 informed Lord Kingsborough he was employed by a 
 gentleman, a stranger to him, to drive him to London 
 some evenings back. As they approached the city, 
 they overtook a young lady, walking in the road. His 
 fare asked if she was going to London She said, 
 ^^Yes, sir.^^ The gentleman asked civilly, ^^if she 
 would take a seat, and he would put her down."*^ She 
 thanked him, and entered the carriage. When they 
 got as far as Temple Bar, they went away. The gen- 
 tleman paid him well. 
 
 This induced Lord Kingsborough to make fresh 
 efforts, but they were for some time in vain. A 
 
144 
 
 The Mtinster Circuit. 
 
 singular chance brought about the discovery of Colonel 
 FitzGerald^s infamous conduct. A young woman came 
 to the house, and asked to see Lady Kingsborough. 
 She was admitted, and told the lady she was servant 
 in a lodging-house in Clayton-street, Kennington. 
 Some weeks back, a gentleman and young lady came 
 to lodge in that house. The lady had a quantity of 
 beautiful hair. This servant had seen the bills offering 
 rewards for the discovery of the missing young lady, 
 and the description in the bills excited her attention. 
 One day, on entering the lady^s bedchamber, she saw 
 the lady cutting off her beautiful hair, so she made 
 certain the young lady was the same alluded to in the 
 bills. 
 
 While the servant was describing these circum- 
 stances, the door of the room in which she was telling 
 all this to Lady Kingsborough opened, and in walked 
 Colonel FitzGerald. He had come on his daily visit ■ 
 of pretended sympathy and anxiety. He never noticed 
 the servant, who grew pale and agitated on seeing 
 him. She exclaimed, Oh ! my lady, that^s the very 
 gentleman who brought the young lady to our house.^' 
 
 Lady Kingsborough almost fainted ; and, utterly 
 confounded. Colonel FitzGerald rushed from the house. 
 Lord and Lady Kingsborough were sorely afflicted by 
 the villany of this infamous man. They lost no time 
 in recovering Miss King, and carried her to the family 
 seat — Mitchelstown, in the shelter of the Galtee moun- 
 tains, in Ireland. This castle, now of great magni- 
 ficence, was then a substantial mansion, surrounded by 
 an extensive lawn and high wall. Here it was ex- 
 pected she would be safe from her vile pursuer. The 
 
The Mtmster Circtiit, 
 
 145 
 
 sons of tlie noble lord^ and brothers of the Hon. Miss 
 King, resolved to punish Colonel FitzGerald. Robert, 
 the second son, subsequently General Lord Lorton, 
 challenged the Colonel to fight a duel, and, attended 
 by his second — Major Wood, of Ashford — proceeded 
 to the ground named for the duel in Hyde Park. 
 The day was October 1, 1797. But so infamous was 
 Colonel FitzGerald^s conduct in the eyes of all gen- 
 tlemen, that not one would act as his second. The 
 principals were placed only ten paces distant, and 
 fired no less than four shots at each other, none taking 
 effect. 
 
 When the fourth shot was fired. Colonel FitzGerald 
 asked " if he could get some advice from Major Wood, 
 as a friend 
 
 That officer at once said he disclaimed any friend- 
 ship with Colonel FitzGerald, but thought, if the 
 Colonel acknowledged his baseness, the affair might 
 end."^^ Colonel FitzGerald replied " he was willing to 
 admit he had acted wrong. This not being deemed 
 a sufficient admission under the circumstances, the 
 duel was renewed, and two more shots were exchanged, 
 without any injury to either of the combatants. Then 
 Colonel FitzGerald^s powder being all used, he asked 
 for a supply, or the use of one of his antagonist's 
 pistols. Major Wood declined this strange proposal, 
 though Colonel King desired he would grant the 
 request. 
 
 An adjournment was then agreed on, and both par- 
 ties were to renew the duel next morning. This 
 was prevented by the police, who arrested both the 
 principals. 
 
 L 
 
146 
 
 TJie Munster Circtiit, 
 
 Colonel FitzGerald succeeded in obtaining his release, 
 and, with a determined persistence in his evil designs 
 upon the young lady, went at once to Ireland, resolved 
 to take her away again. He had a confidante in the 
 maid who was the attendant on Miss King, and she 
 acquainted him with her retreat. 'The town of Mitchels- 
 town is close to the seat of the Earls of Kingston. 
 The entrance to the grounds forms a side of the 
 square, and on the opposite side is the hotel, then kept 
 by Mr. Barry. The innkeeper^s suspicions as to the 
 employment of his strange guest were aroused by the 
 conduct of this man. His appearance was singular — 
 he was tall and very handsome, with flowing beard, and 
 whiskers to match — yet he seemed to know no one in 
 the town or neighbourhood. He shut himself up, 
 during the day, in his room, and went out at night. 
 The neighbouring Kilworth mountains were celebrated 
 at that time as the resort of highway robbers. Captain 
 Brennan's gang are remembered to this day, and it 
 was thought this military-looking visitor might belong 
 to the gang, or, maybe, was the bold Brennan himself. 
 He mentioned this man, and his strange mode of 
 passing his time, to Lord Kingsborough, who came 
 over to take command of the yeomanry, as the rebellion 
 was spreading over the land. Lord Kingsborough in- 
 stantly guessed the visitor was neither Brennan nor 
 any of his gang, but the terrible wolf who sought to 
 deprive him of his once spotless lamb. Furious at this 
 instance of persevering rascality, Lord Kingsborough 
 went across the square to the hotel, and inquired for 
 the stranger. Whether anything in Barry^s manner 
 had alarmed that individual, or finding Lord Kings- 
 
The Mitnster Cirant. 
 
 147 
 
 borough returned urged his departure^ we know not^ 
 but a post-boy of the inn told his lordship he had 
 driven the strange gentleman that day to the inn of 
 Kilworth, Lord Kingsborough was resolved to ascer- 
 tain who this stranger was^ and with his son^ Colonel 
 King, and a servant named Harvey, went to Kilworth. 
 We already know what took place there. 
 
 The following extract from my friend, the late Daniel 
 Owen Madden^s interesting Kevelations in the South 
 of Ireland/^ gives the conclusion of this romance in 
 high life : — Miss King was removed to England, and 
 was domesticated under a feigned name. She was at 
 last settled in the family of a respectable clergyman of 
 the Established Church in Wales. Her manner was 
 engaging in character, as well as in person. She is 
 described as having been very attractive. The clergy- 
 man did not know her real name, or the history of the 
 interesting being domiciled under his roof. For ob- 
 vious reasons he was kept in error by the friends of 
 the young lady. The termination of her adventures 
 was not the least remarkable fact in her romantic 
 story. She was very much liked by the clergyman's 
 family, and her conversational powers are described as 
 being of a high order. Her own extraordinary adven- 
 tures were, on one day, the theme of her narrative 
 powers. She told the clergyman, under feigned names, 
 the whole history of her life, and described, as belong- 
 ing to the history of another person, the feelings which 
 she had herself experienced, and the incidents which 
 had occurred to her. The delineation, as might be 
 supposed, was highly wrought and spirited. It moved 
 the clergyman exceedingly, and he expressed the 
 
 L 2 
 
148 
 
 The Mwister Circuit, 
 
 deepest pity for tlie victim painted by Miss King*. 
 While he was so expressing his feelings^ Miss King 
 suddenly revealed to him who she was — ^ I am that 
 very person for whom yon have expressed so much 
 interest/ 
 
 The clergyman was astonished at the intelligence^ 
 and showed at first more surprise than pleasure at the 
 information. Miss King repented of her frankness^ as she 
 thought it likely that she would be removed to another 
 abode. SJie told the clergyman that she supposed, 
 after that information, he would not permit her to con- 
 tinue an inmate of his household. He disclaimed such 
 an intention ; he saw that the young lady was ^ more 
 sinned against than sinning/ and he felt sincere com- 
 passion for her sufferings, and sympathy for her mis- 
 fortunes. In many cases — especially where the sex is 
 concerned, ^pity is akin to love.^ It was so in the 
 present instance, and the adventures of Miss King 
 were finally closed more happily than might have been 
 augured from their commencement. She was soon 
 after married to this clergyman, and lived with him a 
 very happy and exemplary life. She died several years 
 ago in Wales.^^ 
 
The Munster Circuit. 
 
 149 
 
 CHAPTER XT. 
 
 Mr. Burton. — Mr. Quin. — Mr. Lysaght. — Mr. Keller. — Mr 
 Harry Deane Grady. — Mr. Thomas Grady. — Mr. Richard 
 Pennefather. — Mr. Thomas Goold.— Mr. Waggett. — Sir Wil- 
 liam MacMahon, Bart. 
 
 At the opening of the nineteenth century the Munster 
 bar comprised a number of singularly able men. Cur- 
 ran^ of course, was the chief ; next came, if not in point 
 of standing, certainly in point of ability, Charles Bur- 
 ton. He was an Englishman by birth, and while some 
 investigation respecting the intricate title to an estate 
 in Ireland, then for sale, brought Mr. Burton, a law 
 clerk in an English solicitor's office, to Dublin ; lie came 
 in contact with Curran, who was at once captivated 
 with the young Englishman's legal acquirements, and 
 modest demeanour. Curran saw the great advantage 
 he would derive by securing Mr. Burton's aid in noting 
 his briefs and supplying his legal arguments. He ac- 
 cordingly made overtures, which Mr. Burton readily 
 acceded to. Curran had no reason to repent his selec- 
 tion. Fond of pleasure, delighting in society, and 
 never a very profound lawyer, he found in Mr. Burton 
 one he could implicitly confide in. Thus Curran's 
 opinions on cases were soon distinguished by a clear- 
 ness and depth of legal learning they never displayed 
 
The Munster Circuit, 
 
 before. In the admirable Sketches from the Note- 
 Book of an Irish Barrister/^ which appeared very many 
 years ago in the London MetropoUtayi Magazine, the 
 gifted writer mentions the following anecdote : — We 
 heard an eminent solicitor say that he was once de- 
 spatched with a very heavy brief, in a very important 
 cause, to Curran, who was then circulating his flashes 
 of wit and merriment at a dinner-table, and he wrote 
 with a pencil on a slip of paper, ^ Carry the brief to 
 Mr. Burton, bid I will thank you for the fee! The 
 attorney did so. Mr. Burton happened to be also at 
 dinner — a very light one, a small roll, coffee, and an 
 egg or two. He had companions, too, in the shape of 
 a pile of law-books, which he consulted alternately 
 with a draught of the sober berry's decoction. 
 
 There is no doubt Mr. Burton^s well-known services 
 to Mr. Curran were a great introduction for him. He 
 was called to the bar Michaelmas term, 1792, and soon 
 after joined the Munster Circuit. Had it not been for 
 this connexion with Curran, I can hardly suppose he 
 would have had the courage to come, as a stranger to 
 the land and the people, amongst the members of the 
 Munster Circuit. But they soon learned to appreciate 
 the little Englishman. The circuit business is usually 
 more diflScult of attainment than that in Dublin. 
 Family ties, long association, private friendship, often 
 direct the briefs in cases on circuit, and it is to Cur- 
 rants influence Mr. Burton probably owed his ready 
 acceptation by the practitioners of Munster. It is 
 said that a fishery case, bristling with difficult sections 
 of Acts of Parliament, tried at the assizes for Kerry, 
 first brought Mr. Burton to the front. He held the 
 
The Mtmster Circuit, 
 
 junior brief, and had made himself well up in the law 
 of the intricate case. As sometimes happens, when 
 tlie case was called, Mr. Burton^s leader was engaged 
 elsewhere, and the second counsel, though an excellent 
 judge of fish on the dinner-table, was not equally at 
 home with the Fishery Acts. To his great relief, 
 therefore, he soon ascertained that his unknown junior 
 was a powerful and eflficient support. He evinced his 
 opinion of Mr. Burton^ s skill and legal acumen in this 
 particular branch of legal learning so highly, that he 
 entrusted him not only with the conduct, but the 
 arguing the case. The admirable manner in which the 
 young lawyer acquitted himself made such an impres- 
 sion upon the Kerry attorneys, that Mr. Burton was 
 always in great request at all future assizes of Tralee. 
 
 The fishery case did not end there. Points saved 
 were argued in the King^s Bench, Dublin ; and here 
 agaip Mr. Burton greatly added to his reputation. He 
 was much admired for the closeness of his reasoning, 
 the clearness of his statements, the aptitude of his 
 cases in point. He soon was recognized as one of the 
 leaders of the Munster Circuit. 
 
 Another eminent member of the Munster Circuit in 
 1800 was Mr. Quin. Solemn, dramatic, melancholy, 
 but learned, earnest, and eloquent, ^^he was,^^ says 
 Madden, ^^a grave elocutionist, and delivered his 
 speeches in the stately style of Kemble playing Cato. 
 In some cases he was most imposing and effective ; but 
 his style was too tragic for the every-day cases of the 
 bar. In the case of a Higgins or a Murphy he was as 
 grand in his manner as if the house of Atreus were his 
 clients. In stating a case in trover you were reminded 
 
152 
 
 The Mimster Circuit, 
 
 of the soliloquy in Hamlet, I know not whether he 
 was a distant relative or connexion of his namesake, 
 the celebrated actor ; but certainly the King^s Counsel 
 of the Munster Bar had all the air of a stage-taught 
 and perhaps a stage-struck lawyer. Like his name- 
 sake, the great actor, he was heavy and monotonous. 
 The actor and the advocate both wanted variety. 
 Horatio^ Dorax, Falstaff, still was Quin. Quin"'s busi- 
 ness was not of a very enduring character^ and it is 
 said an opinion he gave, during a Cork election, which 
 was wrong, caused him to lose a great share of his 
 civil business. As a crown prosecutor, of course he 
 was not subject to the caprice of fortune, and the mis- 
 demeanants who figured in the calendar of prisoners 
 during each assizes he attended, found their depreda- 
 tion upon purses and pockets, their head-breaking and 
 felony, publicly prosecuted in a lofty style which would 
 well have suited the bar of the House of Lords. 
 
 In contrast to Quin, wide as the poles asunder, may 
 be named Ned Lysaght and Jerry Keller. Full of 
 fun^ frolic, hon mot, jest, they were the delight of the 
 bar mess, and preferred the social board to the board 
 of green cloth on which witnesses were placed. Ly- 
 saght was a native of the county of Clare, born at 
 Brickhill in 1763. He i&rst intended applying himself 
 to practise as a barrister in England, and was called to 
 the English bar in 1798, and in the same year to the 
 Irish, and had some practice in Westminster. But the 
 steady, technical, and matter-of-fact habits of the Eng- 
 lish courts were not suited to the jovial, social tempe- 
 rament of the devil-may-care Clare man. He told a 
 friend he had not law enough for the King^s Bench, 
 
The Miinster Circuit 
 
 153 
 
 he was not dull enough, for the Court of Chancery^ and 
 that before he could make way at the Old Bailey^ he 
 must shoot Garrow (then the most celebrated practi- 
 tioner in criminal cases), which would be very un- 
 pleasant to him/^ 
 
 Accordingly Ireland became the scene of his labours, 
 and her politics the theme of his ready pen. 
 
 He got business on circuity but was never in much 
 repute as a lawyer. He laughed an opponent out of 
 court rather than overthrew him by legal weapons. 
 He was great at the bar mess, full of anecdote and 
 epigram.^ 
 
 He left the circuit in 1810. He was then appointed 
 one of the divisional magistrates of the city of Dublin, 
 but he was not destined long to enjoy the emoluments of 
 office. He died that same year, leaving a widow and 
 three daughters. One became the wife of the Right 
 Eev. Dr. Griffin, Lord Bishop of Limerick. 
 
 As a substantial proof of the respect felt for him and 
 his amiable family by the bench and bar of Ireland, 
 the very handsome sum of 2484L was subscribed for 
 them. John Lloyd and Peter Burrowes were the 
 treasurers, and received a very grateful expression of 
 thanks from the widow and her daughters for their 
 attention during the collection of this fund. 
 
 Mr. Keller, or Jerry, as he was generally called, was 
 one of the celebrities of the Munster bar. I am told 
 by those who were personally acquainted with him, he 
 had the most mirth-provoking countenance ever seen, 
 and this, added to the natural drollery of the man, 
 
 * For many anecdotes, vide "The Irish Bar," pp. 205 — 213. 
 
154 
 
 The Mimster Circuit. 
 
 must have been irresistible. With his son and daughters 
 I was very intimate^ and they presented a strong con- 
 trast to their sire^ for the son was grave^ and the 
 daughters serious — almost puritanical in their man- 
 ners. 
 
 The earliest anecdote I have of Keller is connected 
 with the birth of Thomas Moore. This occurred on 
 the 28th May, 1779. A young barrister who lodged 
 in the house of the grocer, Mr. Moore, in No. 12, 
 Aungier-street, the corner of Little Longford- 
 street, Dublin, invited a few choice companions, Jerry 
 Keller being one, to dine with him on that day. When 
 they had assembled and dined, and were disposed to 
 enjoy a convivial evening, the servant announced that 
 Mrs. Moore was confined, and the baby was a son."'^ 
 Thereupon the young host very considerately proposed 
 an adjournment of the party to a neighbouring tavern, 
 where they could indulge their merriment without dis- 
 turbing the lady of the house. This met a ready ap- 
 proval. Quite right,^Vgaid Keller, ^Hhat we should 
 adjourn pro re nata/' 
 
 Keller was appointed executor to the will of Mr. 
 Byrne, a very eminent shoemaker in Dublin. The 
 affairs were somewhat complicated, so that an equity 
 suit was necessary for the administration of the assets. 
 Keller, being asked " in what capacity he would sue,^^ 
 replied, Of course Fll shoe as sole executor.^^ 
 
 Mr. Amory Hawksworth, a very distinguished mem- 
 ber of the Munster Circuit, having made objection to 
 evidence oflFered by Keller, sustained his objection by 
 very good argument. Judge Finucane said, " What 
 reply do you make to that, Mr. Keller ? 
 
The Mimster Circuit, 155 
 
 ThiSj my lord/'' replied the wag, — 
 
 " Amory Hawkesworth ! Amory Hawkeswortli ! 
 Little your talk ! little yonr talk's worth." 
 
 There were two Grady besides the Chief Baron 
 0' Grady, at the bar, and of these Haeky Deane Grady 
 had great repute on the Munster Circuit. He was 
 low-sized, had a rubicund countenance, with a stento- 
 rian voice that almost blew a witness out of the chair. 
 He was by far the most able cross-examiner in the 
 circuit. He delighted in tackling an obtuse-looking, 
 but really sharp-witted peasant, who had made up his 
 mind to tell as little against his side as he conveniently 
 could. With such a witness Harry Deane Grady 
 played, as a practised angler with a stubborn fish. 
 He gave him line enough, and, with a Just so,^^ 
 ^* Quite right,^^ Exactly/^ lured the witness into the 
 notion he was outwitting the counsellor ; but all this 
 time Harry Deane Grady was winking knowingly at 
 the box containing the important twelve with his ^iiry 
 eye. 
 
 The other Grady was Thomas, so very near-sighted 
 he read with difficulty, and was called Spectacle 
 Grady.''^ He also was a wit, but not so popular as 
 either Keller or Lysaght, for his wit was steeped in 
 venom, and he had once to pay dearly for it. He 
 wrote the fiercest satire ever penned, as we shall have 
 occasion to see later on, when his poem The Nose- 
 gay,^^ subjected him to an action for libel at the suit of 
 Mr. Bruce of Limerick. Tom Grady was one of the 
 minority of the Irish bar who supported the Union, 
 and, if reliance is to be placed upon Sir Jonah Bar- 
 rington, delivered the singular speech at the bar 
 
156 
 
 The Mimster Circuit 
 
 meetings held in the Exhibition Room, in William- 
 street, Dublin, on the 9th December, 1799.^ 
 
 Mr. Grady was appointed an assistant barrister by 
 Lord Clare, but he did not continue to practise at the 
 bar. Satire was his foriey and he wielded a scathing 
 pen. 
 
 Another of the most eminent members of the Mun- 
 ster circuit was Eichard Pennefather. He was born 
 in 1773, and his equally distinguished brother, Edward, 
 a year later. Their father. Major Pennefather, was 
 member for Cashel. Richard^s career in Trinity Col- 
 lege was distinguished by his taking an optime. Both 
 these famous lawyers were called to the Irish bar in 
 1795, when Richard went the Munster Circuit. He 
 was pre-eminent in his professional career, and jnstly 
 regarded one of the leaders of the Munster bar, while 
 he continued on circuit. His elevation to the Exche- 
 quer bench being already recorded by me in The 
 Irish Bar,^^ it is unnecessary to relate it here.^ Suffice 
 it to say, the talents and learning which procured him 
 large practice at the bar shone with increased lustre 
 on the bench for many years. 
 
 Thomas Goold was a very celebrated member of the 
 Munster Circuit. He was of an old and distinguished 
 county of Cork family, and had great persoual recom- 
 mendations. He was born about the year 1770, and 
 early acquired a name in literature. When the Right 
 Hon. Edmund Burke published Reflections . on the 
 French Revolution,^^ a host of critics violently attacked 
 
 3 Vide " The Irish Bar," p. 128. 
 3 Ibid. p. 291. 
 
The Munster Circuit, 
 
 J57 
 
 his work. Mr. Goold^ who^ while in Paris^ witnessed 
 some of the horrors of the Revolution, felt able to 
 undertake a defence of Mr. Burke^s book. He 
 wrote ably and successfully, and made a friend for 
 himself in the great statesman. On being called to 
 the bar, Mr. Goold obtained practice at nisi prius, and 
 was one of the most unflinching opponents to the 
 Union. He made a vehement speech at the bar meet- 
 ing already referred to, and concluded in most im- 
 pressive words. 
 
 Goold soon got into extensive practice on the Mun- 
 ster Circuit, and was sure to be retained in all im- 
 portant cases. He was appointed a serjeant-at-law in 
 1823, and for the ensuing nine years conducted crown 
 business, and was a leader on the Munster Circuit. 
 He was a most able and eloquent advocate. 
 
 He continued on the circuit until 1832, when he 
 was appointed a Master in Chancery. He died in 
 1846. 
 
 William Waggett, Recorder of Cork, was for many 
 years in great repute on the Munster Circuit. He 
 always attended the assizes of Limerick and Cork, and 
 in all cases where appeals to the passions were to be 
 made, was sure of a brief. 
 
 He had been called in 1 798, and was shortly elected 
 Recorder of Cork. A very great proof of his disin- 
 terestedness in regard of money is so creditable that I 
 give it room here, though it did not take place until 
 the year 1816. 
 
 Mr. Waggett had discharged the duties of Recorder- 
 ship by deputy until 1815, when his deputy, Mr. 
 Wilmot, dying, he went to Cork to reside. Upon 
 
158 
 
 The Mtmster Cirmit 
 
 which^ at a Court of D^Oyer Hundred^ held at the 
 Guildhall,, Cork^ on the 24th June^ 1816^ it was re- 
 solved : — 
 
 That in consequence of our respected and worthy 
 Recorder, William Waggett^ Esq.^ having given up his 
 attendance at the superior courts of law for the last 
 twelve months^ and entirely devoted his valuable time 
 to bhe labours in discharge of his duty as Eecorder, 
 personally^ it is peculiarly incumbent on the Court to 
 make some adequate remuneration for such a sacrifice 
 to the public good^ and that the Council should be 
 requested to make an order that the Recorder should 
 be paid the sum of 500?. out of the Corporation reve- 
 nues^ to be annually continued whilst he shall so 
 devote his time in discharging the duties of that im- 
 portant office/^ 
 
 This very considerate and proper proceeding on 
 the part of the Corporation of Cork produced the 
 following letter^ addressed to the Mayor^ from the 
 Recorder : — 
 
 Gor\ June 2hth, 1816. 
 My dear Sir^ — I beg leave to trouble you on the 
 subject of the resolution passed at the Court of D^Oyer 
 Hundred on Monday, by which a large sum pf money 
 was voted to me. When I sought for the honour of 
 being elected Recorder of this city, I formed a deter- 
 mination not to accept of any remuneration for per- 
 forming the duty of the office, beyond the salary and 
 ordinary emoluments enjoyed by my predecessors. Many 
 reasons combine to prevent me from departing from 
 such a resolution. You will, therefore, much oblige 
 
The Mtmster Circuit, 
 
 159 
 
 me by communicating to the freemen^ at the opening 
 of the Court on Thursday^ that I feel the deepest grati- 
 tude for their good opinion^ and wishes to serve me^ 
 but must most respectfully^ yet firmly^ decline the boon 
 which their kind^ yet excessive liberality would be- 
 stow. 
 
 " I hope I shall not be thought presumptuous in 
 requesting that the resolution be rescinded^ and not 
 sent up to the Council. 
 
 I have the honour to be^ 
 My dear Sir, 
 
 Your obedient Servant, 
 Wm. Waggett, Recorder. 
 To the Right Worshipful the Mayor/' 
 
 The letter of the Recorder was duly laid before the 
 Court of D^Oyer Hundred, on the 27th June, when it 
 was unanimously resolved : — 
 
 " That so disinterested and honourable a letter should 
 be entered on the records of the Court, and that the 
 above proceedings should be published in the Cork and 
 Dublin papers. 
 
 '^By the Court, 
 
 W. Jones, Town Clerk.'' 
 
 I possess several pleadings and cases written on 
 by Mr, Waggett, all showing his great ability as a 
 lawyer. He became latterly very eccentric in his 
 habits, and careless in dress. He died at a very 
 advanced age. 
 
 I might swell my catalogue with notices of Messrs. 
 
i6o 
 
 The Munster Circuit 
 
 Hoare^ Townsend^ White^ FitzGerald, Franks^ Lloyd, 
 and other eminent members of the circuit, but I prefer 
 now relating some of the remarkable trials which em- 
 ployed their abilities, their learning, and their elo- 
 quence. Before doing so I must mention Mr. William 
 MacMahon, who rose to the dignity of Sir William 
 MacMahon, Bart., Master of the Rolls, and who was 
 a very eminent member of the Munster Circuit. He 
 was son of John MacMahon, Esq., patentee, comptroller 
 of the port of Limerick, by Mary, daughter of James 
 Stackpole, Esq., of Cork. He was born in 1776, and 
 was called to the bar, joined the Munster Circuit, on 
 23rd April, 1805; he was appointed third Serjeant, on 
 the resignation of John Philpot Curran, as Master of 
 the Rolls in 1814. Serjeant MacMahon was raised to 
 the judicial bench as Master of the Rolls, sworn in as 
 Privy Councillor, and created a Baronet on 6th May, 
 1815. He continued to preside over the RoUs until 
 his death in 1837, when he was succeeded by the 
 eminent Baron, Sir Michael O'Loghlen. It is related 
 that when addressing the juries on circuit Serjeant 
 MacMahon was accustomed to scatter showers of 
 saliva very unpleasantly upon his neighbours in the 
 bar seats. This coming very unexpectedly in Cork 
 upon the head of the late Sir John Franks, who sat 
 next to William Henn, the latter observed, John, I 
 thought we were near the Cove of Cork, but it is plain 
 we are within reach of Spit-head J' 
 
 It is also related that the learned Serjeant, who was 
 very fluent, did not care so much about sense as sound, 
 and used to confuse language strangely in his eflbrts to 
 be sublime. As for example : — Gentlemen of the 
 
The Mtmster Circuit. 
 
 i6i 
 
 jury^ I smell a rat — but 1^11 nip it in the bud/^ On 
 another occasion lie said^ " My client acted boldly. 
 He saw the storm brewing in the distance^ but he was 
 not dismayed. He took the bull by the horns, and he 
 indicted him for perjury/^ 
 
 H 
 
l62 
 
 The Munster Circuit, 
 
 CHAPTER XII. 
 
 Kemarkable trial of Sir Henry Brown Hayes for abduction of 
 
 Miss Pike. 
 
 The trial of Sir Henry Brown Hayes for the abduction 
 of Miss Pike took place at the Cork Spring Assizes, on 
 the 13th April, 1801, before Mr. Justice Day. A very 
 numerous and able bar appeared on both sides. 
 
 The counsel for the prosecution were Messrs. Curran, 
 Hoare, Townsend, Goold, Burton, Waggett, and Wil- 
 mot j attorney, Mr. Richard Martin. 
 
 The counsel for the prisoner were Messrs. Quin, 
 Keller, White, Grady, Fitzgerald, Hitchcock, Franks, 
 and Dobbin; attorney, Mr. Fleming. 
 
 Two indictments were found by the grand jury — one 
 for the abduction, another for procuring it; but, on 
 coming into court, the counsel for the Crown quashed 
 the second indictment, and went to trial upon the first. 
 This contained two counts — one for abduction with 
 intent to marry, the other with intent to defile. The 
 case is fully detailed in Mr. Currants speech, which was 
 as follows : — 
 
 My Lord, and Gentlemen of the Jury, — It is my 
 duty, as one of the counsel in this prosecution, to state 
 to you such facts as I am instructed will be established 
 by evidence, in order that you may be informed of the 
 
The Mimstev Ciradt, 
 
 163 
 
 nature of the offence charged by the indictment^ and 
 be rendered capable of understanding that evidence^ 
 which, without some previous statement, might appear 
 irrelevant or obscure. 
 
 This is an indictment against the prisoner for 
 having feloniously carried away Mary Pike, with intent, 
 against her will, to marry her ; there is another charge 
 also, that he did feloniously carry her away with 
 intent to defile her/^ 
 
 Having stated the alterations in the law to meet the 
 difficulty of procuring evidence in these cases, and that 
 the offence was capital — for taking away with intent to 
 marry or defile, although in fact no marriage or defile- 
 ment took place, was punishable with death — and, 
 referring to the seriousness of the offence, Mr. Curran 
 continued : I will now state to you the facts, as I am 
 instructed they will appear to you in evideace. The 
 prisoner at the bar (and, considering his education, his 
 age, rank, and situation in society, I do regret, from 
 my soul, that he is there) married many years ago ; his 
 wife died, leaving him the surviving parent of, I 
 believe, many children. Miss Mary Pike is the only 
 child of a person whom, I suppose, you knew as Mr. 
 Samuel Pike, of this city. He had devoted a long life 
 to a very persevering and successful industry, and 
 died advanced in years, leaving this, his only child, 
 entitled to all the fruits of his laborious and persevering- 
 application. The property she is entitled to, I under- 
 stand, is very great indeed. At the time of the trans- 
 action to which your attention must be called, she was 
 living in the house, and under the protection, of an 
 universally respected member of society, Mr. Cooper 
 
 M 2 
 
164 
 
 TJie Mu7ister Circuit. 
 
 Penrose. From the moment her mind was susceptible 
 of it^ no expense was spared to give her every accom- 
 plishment that she was capable of receiving ; and in 
 the house of her own father^ while he livedo and in the 
 house of Mr. Penrose^ when she came under his pro- 
 tection, her mind was framed to the most correct 
 principles of modesty, and delicacy, and decorum, with 
 these additional characteristics, humility and reserve, 
 that belong to that most respectable sect of which her 
 father was a member. The prisoner at the bar, it 
 seems, had heard of her, and had heard of her property ; 
 for it is a material circumstance in this case that he 
 never, by any accident, had seen her, even for a 
 moment, until he went to see and indentify her person 
 and mark her out the victim of his projected crime. 
 Some time before the 22nd of July, 1797, he rode 
 down to the residence of Mr. Penrose. Mr. Penrose 
 has a country house, built in a very beautiful situation, 
 and which attracts the curiosity of strangers, who 
 frequently go to see it. The prisoner at the bar went 
 into the grounds as one of these, and seemed to observe 
 everything with great attention. Mr. Penrose im- 
 mediately came out to him, and conducted him to 
 whatever objects he supposed might gratify his curiosity. 
 He affected to be much entertained ; he lingered about 
 the grounds until the hour of Mr. Penrose's dinner 
 approached. Mr. Penrose, quite a stranger to the 
 prisoner at the bar, was not, I suppose, very anxious 
 to invite a perfect stranger in among his family. How- 
 ever, with that good nature which any man of his 
 cordial and honest turn of mind will feel it his duty to 
 exercise, he did invite Sir Henry Hayes to dinner. 
 
The Minister Circuit, 
 
 165 
 
 The invitation was accepted of, and thus the first step 
 towards the crime he meditated was an abuse of the 
 sacred duty which the hospitality of his host imposed 
 upon him as a man and a gentleman. He made his 
 observations and took his departure ; but it was not a 
 departure for the last time. 
 
 Mrs. Pike, the widowed mother of the prosecutrix, 
 was then in Cork in a dangerous state of health. In 
 order to get Miss Pike out of the hands of her pro- 
 tector, a stratagem was adopted. Dr. Gibbings was 
 the attending physician upon her mother — it does not 
 appear that the prosecutrix knew the handwriting of 
 Dr. Gibbings — but it was necessary that a letter should 
 be sent, as if from Dr. Gibbings ; but, to do so with 
 effect, it was necessary that a letter should be written 
 to Mr. Penrose in a handwriting having such a resem- 
 blance to the doctor's as might pass for genuine. To 
 qualify himself for this, the prisoner made some pretext 
 for sending a written message to Dr. Gibbings, which 
 produced a written answer from the doctor. Thus 
 was he furnished with the form of the doctor^s hand- 
 writing, which he intended to counterfeit ; and, 
 accordingly, there was written, on the 22nd of July, 
 1797, a letter so like the character of Dr. Gibbings 
 that he himself, on a slight glance, would be apt to 
 take it for his own. It was in these words : — 
 
 ^ Dear Sir, — Our friend Mrs. Pike is taken suddenly 
 ill ; she wishes to see Miss Pike. We would recom- 
 mend despatch, as we think she has not many hours to 
 live. — Yours, ^ Robert Gibbings.-* 
 
 " Addressed to Mr. Cooper Penrose.''^ 
 
The Micnster Circuit, 
 
 The first step to the crime was a flagrant breach 
 of hospitality ; and the second^ towards the completion, 
 was the inhuman fraud of practising upon the piety of 
 the child, to decoy her into the trap of the ravisher, to 
 seduce her to destruction by the angelic impulses of that 
 feeling that attaches her to the parent — that sends her, 
 after the hour of midnight, from the house of her pro- 
 tector, to pay the last duty and to receive the parting 
 benediction. Such was the intention with which the 
 prosecutrix on a rainy night, between one and two 
 o^cIock in the morning, rose from her bed. Such was 
 her intention ; it was not her destination. It was not 
 to visit the sick-bed of a parent ; it was not to carry a 
 daughter's duty of consolation to her dying mother ; 
 it was not for that she came abroad. It was that she 
 might fall into the hands of preconcerted villany ; that 
 she should fall into that trap which was laid for her, 
 with the intention to despoil her of everything that 
 makes human existence worth the having by any female 
 who has any feeling of delicacy or honour. I should 
 state to you that she left the house of Mr. Penrose in 
 his carriage, attended by two female relatives, one of 
 them his daughter, and when they had advanced half 
 way to Cork, the carriage was suddenly met by four or 
 five men. They ordered the coachman to stop. One 
 of them was dressed in a great-coat and armed with 
 pistols, and had the lower part of his face concealed by 
 tying a handkerchief round it. 
 
 The ladies, as you may suppose, were exceedingly 
 terrified at such a circumstance as this. They asked, 
 as well as their extreme terror would permit, ^ What 
 they sought for ? ' they were answered, ^ They must be 
 
The Munster Circuit. 
 
 searclied/ On looking about^ they perceived another 
 chaise stationed near the place where they were de- 
 tained. It will appear to you that Miss Pike was taken 
 forcibly out of the carriage from her friends ; that she 
 was placed in the other chaise I have mentioned^ in which 
 she found — shame to tell it ! — a woman. The traces 
 of Mr. Penrose^s chaise were then cut^ and the ladies 
 that came in it lef t^ of course^ to find their way as well 
 as they could^ and return in the dark. 
 
 " The carriage into which the prosecutrix was put 
 drove ofi* towards Cork ; the female who was with her 
 will appear to you to have been the sister of the 
 prisoner. Happy for her that death has taken her 
 away from being the companion of his trial and of his 
 punishment^ as she was the accomplice of his guilt ; but 
 she is dead. The carriage drove on to the seat be- 
 longing to the prisoner^ called Mount Vernon. At the 
 bottom of the avenue, of considerable length, the 
 horses refused to go on, upon which the prisoner rode 
 up to the chaise, dismounted, opened the door, took 
 the prosecutrix out, and carried her, struggling in his 
 arms, to his house. When he arrived there, he carried 
 her upstairs, where she saw a man attired like a priest, 
 and she was then told that she was brought there to 
 marry the prisoner. Then whatever sort of ceremony 
 they thought right to perform took place ; something 
 was muttered in a language which she partly did not 
 hear and partly could not understand; she was then 
 called his wife, then Lady Hayes. A letter was then 
 to be written to apprise her miserable relatives of their 
 new affinity. A pen was put into her hand, and she 
 consented to write, in hopes it might lead to her deli- 
 
Tlie Munster Circuit, 
 
 verance ; but when tlie sad scrawl was finished^ and the 
 subscription only remained, neither entreaties nor 
 menaces could prevail upon her to write the odious 
 name of the ravisher. She subscribed herself by the 
 surname of her departed father. 
 
 My Lord, and Gentlemen of the Jury, — You will 
 soon see the young lady. You will see that, whatever 
 grace of proportion her person possesses, it does not 
 seem formed for much power of resistance or self- 
 defence. But there is a last effort of sinking modesty 
 that can rally more than the powers of nature to the 
 heart, and send them to every fibre of the frame — when 
 they can achieve more than pure vulgar strength can 
 do upon any occasion. That effort she did make, and 
 made it with effect; and, in that instance, innocence 
 was crowned with success. 
 
 Baffled in his purposes of force, he sought to soften, 
 to conciliate. ^And do you know me ? ^ said he. 
 ^Yes,^ answered she, do know you; I do now 
 remember you did go to my cousin, as you say you 
 did. I remember your mean intrusion. You are Sir 
 Henry Hayes ! ^ 
 
 She remained in this captivity until her friends got 
 intelligence of her situation. Justice was applied to ; 
 a party went to the house of the prisoner for the pur- 
 pose of releasing her. The prisoner had fled. His 
 sister, his accomplice, had fled. They left behind them 
 Miss Pike, who was taken back to her relatives. 
 Information was lodged immediately; the prisoner 
 absconded; Government was apprised, and felt as it 
 ought. By proclamation, a reward was offered for the 
 apprehension of the prisoner. The family of Miss 
 
The Munster Circuit. 
 
 169 
 
 Pike also offered a considerable sum in addition. For 
 some time lie kept in concealment; the rewards were 
 offered in vain; the prisoner was outlawed^ but soon 
 reappeared in Cork. 
 
 While Sir Henry Hayes was appearing at large, 
 Miss Pike fled to England, where she remained for two 
 years. 
 
 ^^A few months ago, previous to the last term, a 
 letter was sent to Miss Pike by the prisoner. The 
 purport of it was to state that his conduct had been 
 honourable and delicate, and asserting that any lady 
 could not be so sanguinary as to wish for the blood 
 of an individual, however guilty; intimating a threat 
 that her conduct upon this occasion would work her 
 fate through life ; desiring her to withdraw her adver- 
 tisement ; saying he would abide his trial at the Assizes 
 of Cork ; boasting his influence in the city in which he 
 lived; thanking God he stands as high as any man in 
 the regards of rich and poor, of which the inefficiency 
 of her present and former rewards must convince her. 
 
 The outlawry was reversed without opposition by 
 the counsel for the prosecution, because their object 
 was to admit him to plead to the charge, and take his 
 trial by a jury. He pleaded to that indictment, and 
 now stands at the bar of this Court for the purpose of 
 trial. 
 
 The publicity of his living in this city during two 
 years did so impress the minds of the friends of this 
 unhappy lady with despair of obtaining justice, that they 
 did struggle hard to try the offence at a distant place, 
 in the capital, where the authority of the Court might 
 keep public justice in some sort of countenance. That 
 
TJu Muiister Cirant, 
 
 application was refused^ and justly did you^ my lord, 
 and tlie learned judges, your brethren, ground your- 
 selves upon the reason which you gave. ' We will 
 nofc,^ said you, ^ give a judicial sanction to a reproach 
 of such a scandalous atrocity upon any county in the 
 land, much less upon the second city in it. ^ 
 
 Having referred to the abduction of the Misses Ken- 
 nedy,' Mr. Curran continued : — 
 
 I am glad that the Court of King^s Bench did not 
 yield to the despair which had taken place in the minds 
 of those who were anxious to briug the prosecution 
 forward. I am glad the prisoner was sent to the bar, 
 in order that you may decide upon it.'^^ 
 
 Mr. Curran then applied himself to the evidence 
 necessary to sustain the indictment under the statute. 
 Having done so, he thus concluded his opening state- 
 ment : Once more, and for the last time, let me state 
 to you, you have heard the charge. Believe nothing 
 upon my statement. Hear and weigh the evidence. 
 If you doubt its truth, acquit without hesitation. By 
 the laws of any country, because by those of eternal 
 justice, doubt and acquittal are synonymous terms. If, 
 on the other hand, the guilt of the prisoner shall, 
 unhappily, be clearly proved, remember what you owe 
 to your fame, your conscience, and your country. I 
 shall trouble you no further, but shall call evidence in 
 support of the indictment, and I have not a doubt that 
 there will be such a verdict given — whether conviction 
 or acquittal — as may hereafter be spoken of without 
 kindling any shame in yourselves or your country/^ 
 
 1 Ante, p. 87. 
 
The Munster Circicit, 
 
 171 
 
 Before the witnesses were examined, Mr. Curran 
 requested the judge would not allow any person to 
 stand with the prisoner at the bar. 
 
 Mr. Quin, on behalf of the prisoner, had no desire 
 that his friends should stay by him, but mentioned 
 that when Horne Tooke was tried, he was attended by 
 his counsel. Mr. Justice Day said : The prisoner 
 should have that privilege when he came to make his 
 defence ; but, for the present, all, save his attorney and 
 one of his counsel, were ordered to withdraw from the 
 bar.^^ 
 
 There was great sensation in Court when Miss Pike 
 came upon the table to give evidence. She was at first 
 a little agitated, but soon regained her self-possession^ 
 and detailed the case as stated by counsel. I give 
 some extracts from her examination on the direct, and 
 when cross-examined. To the questions of the counsel 
 for the prosecution she detailed as follows : — 
 
 How did you get into his house ? 
 
 He took me in his arms into the parlour. 
 
 What happened after you got into the house ? 
 Were there lights in the parlour ? 
 
 There was a snuff of a candle, just going out.''^ 
 " Miss Pike, be so good as to tell what happened 
 after you got into the parlour. Did any other person 
 make their appearance ? 
 
 Yes ; two women.^^ 
 
 Did you see anybody else in the house that nighty 
 but Sir Henry Hayes and the two women ? 
 
 I did not until the next morning.''^ 
 
 Did you see any person in that house at any time 
 after 
 
172 
 
 Tlie Miuister Circuit. 
 
 " Yes^ a man in priest^s habits/' 
 
 " Was it at night or next morning ? '' 
 
 " It was next morning/' 
 
 " At break of day ? 
 
 "Yes/' 
 
 " Did anything particular happen then ? " 
 " Before that I was forced upstairs/' 
 "By whom?" 
 
 " Sir Henry Hayes and his sister/' 
 
 " After you were forced upstairs^ did anything par- 
 ticular happen ? " 
 
 " Before that^ there was a kind of ceremony read^ 
 and they forced a ring upon my finger. Before I was 
 taken upstairs there was a kind of ceremony of 
 marriage^ and a man appeared dressed in the habit 
 of a clergyman." 
 
 Mr. Justice Day : " You said something about a 
 ring ? " 
 
 Miss Pike : " A ring was attempted to be forced on 
 my finger^ which I threw away." 
 
 Counsel : " After you were forced upstairs^ and after 
 this kind of a ceremony of marriage was performed, did 
 anything particular happen upstairs ? " 
 
 " I was locked into a room." 
 
 " What sort of a room ? " 
 
 " A small room with two windows/' 
 
 " What happened after that ? Do you recollect any- 
 thing more ? " 
 
 " There was tea brought up, and after that Sir Henry 
 Hayes came up." 
 
 " Affcer Sir Henry Hayes came up, did anything 
 happen ? " 
 
The Munster Circuit. 
 
 173 
 
 Judge : *^ It is now about four years ago^ and there- 
 fore mention only what you remember/^ 
 
 Miss Pike : " I remember his father coming up/^ 
 Judge : Was the room furnished or unfurnished 
 Miss Pike : There was a bed and a table in it/^ 
 Counsel : Do you recollect anything that passed 
 after Sir Henry^s coming up ; and, if you do, state it to 
 the Court ? 
 
 Miss Pike : I recollect perfectly his coming in and 
 out, and behaving in the rudest manner, and saying I 
 was his wife/^ 
 
 Were you restored shortly after ? 
 
 About eight o^ clock next morning/^ 
 
 Was or was not any part of that transaction be- 
 tween you and Sir Henry Hayes with your consent or 
 against it ? 
 
 Against it, entirely/^ 
 
 While at Mount Vernon, did you write anything 
 
 Yes ; I wrote a note to my uncle to let him know 
 where I was." 
 
 Miss Pike was cross-examined by Mr. Quin. He 
 asked the following questions : — 
 
 Can you swear, that at the time you knew any one of 
 the persons who took and carried you away from that 
 part of the Glanmire road where you were stopped ? 
 
 No ; I cannot.'' 
 
 Your uncle mentioned something as you went 
 along of the necessity of giving immediate information 
 —did he not?'' 
 
 He did." 
 
 When did you give the informations ? " 
 " The Monday morning following." 
 
174 
 
 TJie Minister Circuit, 
 
 ^^Do you recollect what day of the week it happened 
 I believe Saturday/^ 
 
 And you gave the informations on Monday ? 
 did/^ 
 
 Where did you swear thera ? 
 At my aunt^s/^ 
 Who drew them out ? 
 " I do not know who wrote them/^ 
 Do you recollect whether you swore in the infor- 
 mations that Sir Henry took you away on the Glan- 
 mire road ? " 
 
 I believe I did not/' 
 ^* Was there any interposition used with you to 
 induce you to come into Court this morning ? 
 No^ there was not/' 
 '^Did any person describe the dress or person of Sir 
 Henry Hayes to you before you came into Court ? '' 
 No, sir/' 
 
 Will you now say, upon your oath, that if, at the 
 time you came into Court and sat upon the table, you 
 were asked the question, that you could have said 
 positively you knew Sir Henry Hayes ? " 
 
 No, I could not ; because he might have been very 
 much disguised." 
 
 The witnesses to other facts for the prosecution were 
 Mr. and Miss Penrose, Dr. Gibbings, and Mr. Eichard 
 Pike. When the case for the prosecution closed, Mr. 
 Quin very ably addressed the jury on behalf of the 
 prisoner. He laboured strongly to prove the in- 
 sufficiency of the evidence under the statute of abduc- 
 tion, and commented upon the quashing of the second 
 indictment, showing the counsel for the prosecution 
 
The Mtmster Circuit, 
 
 175 
 
 were unable to sustain it. There were no witnesses 
 produced for the defence^ but Mr. Curran replied. He 
 said : It is the undoubted privilege of the Crown to 
 reply in all criminal cases^ not only to a point of law ; 
 but^ if the prisoner's counsel speak to evidence^ the 
 Crown is warranted to reply. I might by law have 
 prevented such speaking altogether^ but I will never 
 oppose such indulgence to a prisoner. I feel myself 
 bound to answer objections in point of law^ as the 
 evidence for the prosecution has not been controverted. 
 Much has been said about that indictment which has 
 been quashed ; the observations on that^ as far as they 
 go^ are a complete answer to themselves. It is un- 
 doubted law, that if a man be indicted as a principal, 
 and acquitted, and afterwards indicted as an accessory 
 before the fact, that the former acquittal is a conclusive 
 plea in bar. The law is clearly settled in that case, 
 and an acquittal upon the present indictment would be 
 a complete bar to any prosecution upon the second ; 
 therefore it was that the second indictment was quashed. 
 We sent up that indictment, in fact, because we did 
 not, with precise exactness, know how the evidence 
 would turn. out upon this trial. The second indictment 
 was a mere charge of accessorial offence ; but feeling 
 that, to bring forward the real merits of the case, we 
 should go upon the first indictment, we thought it 
 would be an act of unwarrantable vexation not to 
 apprise the prisoner, the Court, and the jury that that 
 was the only charge against him.'' He then argued as 
 to the sufficiency of the evidence to sustain the charge 
 of abduction. What is a taking and carrying away?" 
 He showed how the prisoner visited at Mr. Penrose's 
 
176 
 
 The Mimster Circuit. 
 
 house in order to be able to identify the prosecutrix, 
 and the prisoner taking her in his arms from the foot 
 of the hill at Mount Vernon. He distinguished the 
 cases cited by Mr. Quin as having no bearing on this 
 case. One was a burglary, the other murder. He 
 distinguished the case of the King and Lipyard, in 
 which a lady^s earring, though forced from her ear, 
 was found in her curls, and there was held not a 
 sufficient carrying away. But when a man in an inn 
 stole the sheets off his bed and took them to a stable, 
 where they were removed by an accomplice, the taking 
 and carrying away was held complete. Miss Pike was 
 taken by force out of the chaise ; she was taken by force 
 up the avenue; she was taken by force into a room. 
 Every fact, if the jury believed the evidence, was by 
 force and against her consent. Let me remind the 
 jury, that such an idea as this ought not to go abroad 
 — that a gang may be hired by a man to force away a 
 woman, and that that man, meeting her in the last 
 stage of the transaction, shall completely commit a 
 felony, against the statute, with impunity.^^ 
 
 Judge Day then charged the jury very clearly. They 
 retired to their room, and, after an hour^s deliberation, 
 returned into Court with a verdict of guilty, but with a 
 recommendation for mercy. The law points, taken by 
 the prisoner's counsel to the insufficiency of the evidence 
 to sustain the indictment, were referred to the twelve 
 judges, who decided against the prisoner. The recom- 
 mendation to mercy was attended to in procuring a 
 commutation of sentence from death to exile, and the 
 prisoner was transported. 
 
The Munster Circuit, 
 
 177 
 
 CHAPTER XIII. 
 
 The Murder of Colonel Hutchinson. — Conviction and Execution 
 
 of the Murderers. 
 
 About the commencement of the present century a 
 terrible murder took place in the neighbourhood of 
 Macroom, in the county of Cork. A house, built on a 
 rising ground, with a well-wooded lawn in front, dotted 
 by clumps of wide-spreading trees, was called Codrum 
 House. It was then occupied by Colonel Hutchinson 
 and his maiden sister. The gentleman, then advanced 
 in years, had commanded a corps of volunteers in the 
 patriot army of 1782, and retained his military rank 
 long after the corps he commanded had ceased to bear 
 arms. He was much liked in the country, as a just and 
 upright magisti ate, a kind and. considerate master, a 
 fair and liberal employer. In the month of May, in 
 the year 1800, Miss Hutchinson was aroused from 
 sleep by hearing a smashing of glass, as if a window 
 was broken in ; she then heard a noise, as of several 
 men rushing into the house. Quite terrified, she re- 
 mained in a state of alarm, until the sound of depart- 
 ing footsteps informed her the intruders had departed. 
 She then ventured forth; there was the light of the 
 summer morning illuminating the hall and stairs. At 
 the foot of the stairs lay the body of a man. There 
 
178 
 
 The Mtcnster Circuit, 
 
 was blood flowing from the side of the prostrate form ; 
 sick at heart she descended the stairs and beheld the 
 bloody corpse of her beloved brother, Colonel Hutchin- 
 son. 
 
 Her shrieks brought up a servant man, named Keen, 
 who declared he had not heard any noise, as he was 
 very deaf, and went at once to give the alarm. The 
 place was soon filled with the neighbours, who were 
 loud in the denunciations of this murderous deed. They 
 found a large kitchen window broken open, and quite 
 shattered. 
 
 There was no more damage done to the house ; no 
 articles were taken; the locks were uninjured; chests 
 of drawers, desks, writing-cases — all were untouched. 
 Neither money or goods were taken. 
 
 An inquest was held on the body of Colonel Hut- 
 chinson. A small hole was found near the heart, from 
 which the life-blood oozed away. The blood saturated 
 the clothes. There was no evidence to throw suspi- 
 cion on any one in particular, so Wilful murder by 
 some person or persons unknown,^^ was the verdict of 
 the coroner^s jury. Who had done the bloody deed? 
 The gentry of Muskerry were resolved never to rest 
 until the question was fully and satisfactorily answered. 
 An active corps of yeomanry, which comprised men of 
 all ranks and creeds, left no stone unturned to hunt 
 out the perpetrators of this deed. Among them a Mr. 
 McCarthy, who held the rank of sergeant in the corps, 
 was one of the most active. 
 
 Suspicion of knowing much of the melancholy fate 
 of the murdered colonel attached to a man named 
 Malachy Duggan, who resided in the neighbourhood of 
 
The Munster Circuit, 
 
 179 
 
 Macroom. He was a man of dissolute habits^ fond of 
 drink^ quarrelsome^ and noted for a turbulent^ riotous 
 disposition. He was of more tban ordinary strength 
 and ferocity. His influence with the country people 
 was very great^ he was considered the head of the 
 Whiteboys of the district^ and Mr. McCarthy was posi- 
 tive Duggan planned the attack on Codrum House^ 
 which led to the death of Colonel Hutchinson. 
 Actuated by this belief^ Mr. McCarthy proceeded to 
 Duggan^s farm^ and then and there arrested him for 
 the murder. 
 
 Duggan treated the charge as ridiculous^ and made 
 light of it. It is no light matter/^ said Mr. McCarthy ; 
 ^^and as you may have to remain in gaol for some 
 time^ better give some directions about your farm."'^ 
 This made Duggan alter his tone. Do you think 
 there is anything agin me^ Mr. McCarthy ? inquired 
 Duggan eagerly. 
 
 Plenty/^ said McCarthy^ gaining confidence from 
 the change in Duggan^s manner. He then prepared 
 to accompany the patrol of yeomanry^ and as there was 
 some distance to Macroom from his farm, he mountecl 
 his horse to ride. Mr. McCarthy noticed he cut a 
 willow rod as a riding switch when leaving his house, 
 and, while brooding over what he had to undergo, he 
 commenced unconsciously biting the wand. Some idea 
 of the fretful mood of the man may be imagined from 
 the fact that before Macroom loomed in sight Duggan 
 had nibbled the wand into bits. 
 
 The magistrate to whom Duggan was brought in- 
 formed him that a sum of three hundred pounds was 
 to reward any one who informed upon the murderers, 
 
 N 2 
 
i8o 
 
 The Mitnster Circtiit, 
 
 and contributed to prosecute them to conviction. This 
 induced Duggan to offer such information as would 
 convict the gang^ of which^ as Mr. McCarthy surmised, 
 he was the leader. 
 
 There were no less than fourteen engaged to rob 
 Codrum House. They were brought to the place by 
 Duggan. They broke in the kitchen window and got 
 into the hall. It appeared that Colonel Hutchinson 
 had not retired to rest^ and, to the surprise of the 
 gang, came down stairs on hearing the noise of their 
 entrance. Unluckily one of the gang was his game- 
 keeper, another LIcCarthy. What ! cried the 
 colonel, ^^are you here, McCarthy This sealed 
 his fate. The gang saw they were recognized; 
 Duggan gave the order : McCarthy, do your duty/^ 
 The fowling-piece, the property of Colonel Hutchin- 
 son, in the hands of his servant, was the weapon which 
 caused that gentleman^s death. When the colonel lay 
 dead at the stair-foot, fear fell upon the gang ; they 
 had not courage to proceed further, and they fled. 
 No arrests were made until after Malachy Duggan was 
 taken before the justice of the peace in Macroom, and 
 gave his information. Then the gang dispersed. Some 
 fled to the mountains of Kerry and to the rocks and 
 precipices of Bere and Bantry ; but six of the four- 
 teen were captured and tried in Cork for the murder. 
 Among those arrested were a brother of McCarthy 
 the gamekeeper, and a cousin of Malachy Duggan. 
 
 Conviction and Execution of the Murderers, 
 During the trial the evidence of Malachy was corro- 
 borated in several particulars. An ingenious effort 
 
The Mwister Circuit. 1 8 1 
 
 to discredit him was made by John Duggan^ one of 
 the prisoners. As Malachy swore that the killing was 
 effected by the contents of the gun fired by the game- 
 keeper, McCarthy, John Duggan said that was untrue ; 
 that the colonel was killed by a blow from his 
 hammer — he was a mason — and that it was with this 
 same hammer the kitchen window was broken. The 
 marks in the shutters of the window corresponded 
 with the sharp end of John Duggan^ s hammer, and for 
 the purpose of further testing his confession the body 
 of Colonel Hutchinson was disinterred. The hole, 
 near the heart, might have been made by the sharp 
 end of the stone hammer, but it was clear that he had 
 been shot. The surgeon found several slugs lodged in 
 the region of the heart. This bore out Malachy^s evi- 
 dence ; the prisoners were all found guilty, sentenced 
 to be hung in the square of Macroom, and their heads 
 placed on spikes on the roof of the gaol, as a terror to 
 evildoers. The fate of one of the condemned men 
 created much sympathy, that of Callaghan McCarthy, 
 the gamekeeper^ s brother. He vehemently denied 
 having had hand, act, or part in the murder, or the 
 attack on Codrum House, and the peasantry believed 
 his statement. It was supposed that Duggan swore 
 against him, fearing that he would seek revenge for 
 his informing against the gamekeeper. 
 
 A singular event is related ^ as having taken place 
 on the day of the execution. Mr. Madden says, 
 "They (the condemned men) were placed on horse- 
 back, their persons being fastened. Riding up through 
 
 * Yide Madden's " Revelations of Ireland," p. 250. 
 
The Mimster Circuit. 
 
 the streets of Macroom^ an old woman threw herself in 
 the way of the cavalcade, before John Duggan''s horse, 
 and cried out in Irish, ^ John Duggan, John Duggan ! 
 you owe me sixpence ! ^ The culprit, who looked 
 more dead than alive, contrived, though his arms were 
 pinioned, with his fingers to jerk out of his pocket a 
 sixpenny-piece to the old woman. When she was 
 asked ^Why she tormented Duggan at that time ?^ 
 she replied, ^ Troth, then, shure I wouldn^t be afther 
 letting it rest upon his sowl/ 
 
 One circumstance was regarded as enhancing the 
 terrible severity of the sentence upon the six men 
 hanged in the square of Macroom. No minister of 
 religion accompanied them to the gallows. This was 
 done on purpose ; they had, indeed, received the 
 ministrations of the priests while in Cork gaol, and 
 they accompanied them part of their sad journey, but 
 when about half-way were required to return to Cork. 
 
 The execution was largely attended, and when all 
 were dead the hangman severed the heads from the 
 bodies, and put them on the spikes, where they 
 remained for many years. 
 
 It might be supposed that the execution of these 
 six men would have been deemed sufiicient vindication 
 of the outraged law on account of this crime, but it 
 was not so. The rest of the gang were eagerly sought 
 for, McCarthy the gamekeeper especially ; and at 
 length he and some others were taken. They were 
 tried, convicted, and executed. Mr. Madden says," 
 
 Their heads were also set on spikes, and in order to 
 
 ^ Vide Madden*s " Eevelations of Ireland," p. 260. 
 
The Mimster Circicit, 
 
 183 
 
 mark tlie gamekeeper^ McCarthy^ with signal posthu- 
 mous infamy, it was resolved to affix his right hand 
 with his skull, in order that all men might know^ even 
 after death, the head of the gamekeeper who shot his 
 master/^ 
 
 Reen, the servant who affected to be deaf, was 
 transported, on the ground of his having a guilty 
 knowledge of the meditated attack. The evidence 
 against him was not very strong, but his deafness was 
 thought a mere pretence. 
 
 Another of the gang was captured near Blarney. 
 He, too, was tried at the Cork Assizes, found guilty, 
 and suffered death. Thus, of the fourteen engaged in 
 the attack on Codrum House, nine suff'ered death, two, 
 Malachy Daggan and his son, turned informers, and 
 the rest escaped to America. 
 
The Munster Ciraiit. 
 
 CHAPTER XIV. 
 
 Immorality rebuked. — Case of the Rev. Charles Massey 
 against the Marquis of Headfort. 
 
 Of the great cases which occupied public attention 
 upon the Munster Circuity and which enlisted the 
 greatest interest from the rank and position of the 
 litigating parties, and produced the greatest displays 
 of forensic eloquence, none exceeds, and few equal, 
 that of the Eev. Chaeles Massey against the 
 Marquis of Headfort. This case was brought for 
 criminal conversation by the defendant with the 
 plaintiff^s wife, and was tried at the Ennis Summer 
 Assizes, held on the 27th of July, 1804, before Baron 
 Sir William Smith. The plaintiff was the second son 
 of Sir Hugh Massey, Bart. He was a clergyman, and 
 held several benefices. In 1797 he married, contrary 
 to the wishes of his father, a lady of great personal 
 beauty, named Eoslewin. By this union the plaintiff 
 became the father of an only child, a son. While re- 
 siding in 1803 at Donass, on the Clare side of the 
 majestic Shannon, a few miles from the city of 
 Limerick, the Marquis of Headfort was then quartered 
 in Limerick with his regiment. The marquis occupied 
 the town mansion of the Earl of Limerick. When the 
 Rev. Mr. Massey had been doing clerical duty as rector 
 
The Miinster Circuit. 
 
 185 
 
 in tlie county of Meath, where the marquis held large 
 estates^ the plaintiff became acquainted with the Head- 
 fort family. So when Mrs. Massey made the acquaint- 
 ance of the marquis in Limerick^ her husband naturally 
 invited him to visit at Donass. Mrs. Massey was a 
 very young lady^ fond of gaiety^ while Lord Headfort 
 was half a century old. The consequence of their in- 
 timacy was, that on a Sabbath-day, after the Christmas 
 of 1803, while the Rev. Mr. Massey was officiating in 
 the church, his wife eloped with the marquis. This 
 was the cause of action. The damages were laid at 
 the high figure of 40,000L 
 
 The trial, of course, created great local, and indeed 
 general, interest. It was rumoured the most eminent 
 counsel in Ireland were engaged on both sides, and 
 this was fully borne out when there appeared for the 
 plaintiff the Right Hon. J. P. Curran^ Bartholomew 
 Hoare, Harry Deane Grady, Thomas Carey, John 
 White, Amory Hawkesworth, William O^Regan, 
 Thomas Lloyd, William McMahon, and George Bennett, 
 instructed by Mr. Anthony Hogan ; and for the noble 
 defendant the Right Hon. George Ponsonby, Thomas 
 Quin, Thomas Goold, John Pranks, Charles Burton, 
 and Richard Pennefather, instructed by Mr. Simms. 
 I have already given my reader sketches of many of 
 these eminent members of the Irish Bar, who were 
 also members of the Munster Circuit ; but as the lead- 
 ing counsel for the defendant, Mr. George Ponsonby, 
 was brought down special, it requires that some short 
 sketch should be given of him, in order that our readers 
 should know what his claim was to entitle him to that 
 distinction, especially when such men as Quin, Goold, 
 
186 
 
 The Munster Cirant. 
 
 Barton^ and Pennefatlier were serving under him. He 
 was son of the Eight Hon. John Ponsonby^ Speaker 
 of the Irish House of Commons. George Ponsonby 
 was called to the bar in 1780, but preferred the life 
 of a country gentleman and member of Parliament to 
 the drudgery of the Courts, until his marriage with 
 Lady Mary Batler, eldest daughter of the Earl of 
 Lanesborough. He was appointed Commissioner of 
 Revenue, with a salary of 1200/. a year, but changes 
 of Government having caused the loss of his office, he 
 applied himself to his profession, and became a very 
 eminent Chancery lawyer. When FitzGibbon, in 1789, 
 was elevated to the woolsack, he presented his bag to 
 Mr. Ponsonby, thereby giving an intimation to the soli- 
 citors who were in the habit of sending him briefs, he 
 wished them in future to be sent to Mr. Ponsonby. He 
 did not practise very much in nisi jprius cases, and it 
 was, probably, owing to his aristocratic connexions, that 
 induced the agent for the Marquis of Headfort to bring 
 him down as special counsel to the Munster Circuit.^ 
 
 Mr. Bennett having opened the pleadings, Mr. 
 Hoare stated the- case. This, of course, was in order 
 that Curran might reply to the speech of Mr. George 
 Ponsonby. In opening the case Mr. Hoare described 
 the defendant as ^^a hoary veteran, in whom, like 
 Etna, the snows above did not quench the flames 
 below.''^ His address was strong, vigorous, and im- 
 
 ' His subsequent career was very distinguished. In the 
 Ministry of Fox and Grenville he became Lord Chancellor of 
 Ireland, and, after the death of Fox, became leader of the Oppo- 
 sition in the House of Commons. He died in London, in 
 1817. 
 
The Mimster Circuit, 
 
 187 
 
 pressive. I cannot venture to transcribe it at great 
 lengthy but one passage must not be omitted : — 
 
 The noble lord proceeded to the completion of his 
 diabolical project, not with the precipitancy of youth, 
 but with the most cool and deliberate consideration. The 
 Cornish plunderer, intent on spoil, callous to every touch 
 of humanity, shrouded in darkness, holds out false lights 
 to the tempest-tossed vessel, und lures her and her pilot 
 to that shore upon which she must be lost for ever. The 
 rock unseen, the ruffian invisible, and nothing apparent 
 but the treacherous signal of security and repose ; so this 
 prop of the Crown, this pillar of the State, this stay of 
 religion, this ornament of the peerage, this common 
 protector of the people^s privileges, and of the Crown^s 
 prerogatives, descends from these high grounds of 
 character to muflBle himself in the gloom of his own 
 base and dark designs, to play before the eyes of the 
 deluded wife, and the deceived husband, the falsest 
 lights of love to the one, and of friendly and hospitable 
 regards to the other, until she is at length dashed 
 upon that hard bosom where her honour and happiness 
 are lost for ever. The agonized husband beholds the 
 ruin with those sensations of misery and of horror 
 which you can better feel than I describe. She, upon 
 whom he had embarked all his hope, and all his 
 happiness in this life, the treasure of all his earthly 
 felicities, the rich fund of all his hoarded joys, sunk 
 before his eyes into an abyss of infamy, or, if any 
 fragment escape, escaping to solace, to gratify, to en- 
 rich her vile destroyer. 
 
 His speech, which occupied some time in delivery, 
 was much admired. The usual proofs were then given 
 
i88 
 
 The Munster Circuit. 
 
 — the fact of marriage, the happy union in which both 
 husband and wife lived, her elopement, and her living 
 with the Marquis of Headfort, and the amount of his 
 fortune — estimated at 30,000Z. a-year. 
 
 The plaintifF^s case having closed with those proofs, 
 Mr. Quin addressed the jury on the part of the defen- 
 dant. He did not attempt to deny the fact of the 
 elopement, but insisted strongly upon the levity and 
 giddiness of Mrs. Massey, and stated her character 
 was so light that it was gross folly, or worse, in the 
 plaintiff to throw her in the way of the noble defendant. 
 In sustainment of his description of the wife of the 
 plaintiff, the defendant called as witnesses Colonel Pep- 
 per, Captain Charleton, and Mr. George Evans Bruce.* 
 
 Various acts of levity were deposed to by those wit- 
 nesses, which caused them to be roughly handled in 
 cross-examination. The defendant's special counsel, 
 Mr. Ponsonby, then proceeded to address the jury. 
 He took very much the same course as Mr. Quin, 
 pressing strongly upon the jury the worthlessness of 
 the wretched woman, for whose loss the plaintiff de- 
 manded the preposterous sum of 40,000L, and insisted 
 that the conduct of the plaintiff in inviting the marquis 
 to his house disentitled him to compensation, having 
 connived at what occurred. Mr. Ponsonby's speech 
 was more characterized by his skill as an advocate 
 than his power as an orator ; but Curran, who felt this 
 a case demanding his best efforts, delivered the follow- 
 ing magnificent speech : — 
 
 Gentlemen of the jury, — Never so clearly as in the 
 
 2 This is the individual who, in 1816, brought an action for 
 libel against Mr. Thomas Grady, which shall appear in due time. 
 
The Munster Circuit. 
 
 present instance^ have I observed that safeguard of 
 justice which Providence has placed in the nature of 
 man. Such is the imperious dominion with which 
 truth and reason wave their sceptres over the human 
 intellect^ that no solicitation, however artful, no talent, 
 however commanding, can seduce it from its allegiance. 
 In proportion to the humility of our submission to its 
 rule do we rise with some faint emulation of that in- 
 effable and presiding divinity, whose characteristic 
 attribute it is to be coerced and bound by the inexor- 
 able laws of its own nature, so as to be all-wise and 
 all-just from necessity rather than election. You have 
 seen it in the learned advocate (Mr. Ponsonby) who 
 has preceded me, most peculiarly and strikingly illus- 
 trated. You have seen even his great talents, perhaps 
 the first in any country, languishing under a cause too 
 weak to carry him, and too heavy to be carried by 
 him. He was forced to dismiss his natural candour 
 and sincerity, and, having no merits in his case, to 
 substitute the dignity of his own manner, the resources 
 of his own ingenuity, against the overwhelming difii- 
 culties by which he was surrounded. Wretched 
 client — unhappy advocate ! what a combination do you 
 form ! But such is the condition of guilt — its com- 
 mission mean and tremulous, its defence artificial and 
 insincere, its prosecution candid and simple, its con- 
 demnation dignified and austere. Such has been the 
 defendant's guilt, such his defence, such shall be my 
 address, and such, I trust, your verdict. 
 
 The learned counsel has told you that this unfor- 
 tunate woman is not to be estimated at 40,000Z. 
 Fatal and unquestionable is the truth of this assertion. 
 
1 90 
 
 The Mtmster Circidt, 
 
 Alas ! gentlemen^ slie is no longer worth anything — 
 faded^ degraded, and disgraced, she is worth less than 
 nothing ! But it is for the honour, the hope, the ex- 
 pectation, the tenderness, and the comforts that have 
 been blasted by the defendant, and have fled for ever, 
 that you are to remunerate the plaintiff by the punish- 
 ment of the defendant. It is not her present value 
 which you are to weigh, but it is her value at that 
 time when she sat basking in a husband^s love, with the 
 blessing of Heaven on her head, and its purity in her 
 heart — when she sat amongst her family and adminis- 
 tered the morality of the parental board. Estimate 
 that past value, compare it with its present deplorable 
 diminution, and it may lead you to form some judg- 
 ment of the severity of the injury, and the requisite 
 extent of the compensation. The learned counsel has 
 told you, you ought to be cautious, because your verdict 
 cannot be set aside for excess. The assertion is just ; 
 but has he treated you fairly by its application ? His 
 cause would not allow him to be fair : for, why is the 
 rule adopted in this single action ? Because this being 
 peculiarly an injury to the most susceptible of all 
 human feelings, it leaves the injury of the husband to 
 be ascertained by the sensibility of the jury, and does 
 not presume to measure the justice of their determina- 
 tion by the cold and chill exercise of his own discretion. 
 In any other action it is easy to calculate. If a trades- 
 man's arm is cut off you can measure the loss which 
 he has sustained ; but the wound of feeling, and the 
 agony of the heart, cannot be judged by any standard 
 with which I am acquainted. And you are unfairly 
 dealt with when you are called on to appreciate the 
 
The Munster Circuit 
 
 191 
 
 present suffering of the husband by the present guilty 
 delinquency^ and degradation of the wife. As well 
 might you_, if called upon to give a compensation to a 
 man for the murder of his dearest friend, find the 
 measure of his injury by weighing the ashes of the 
 dead. But it is not, gentlemen of the jury, by weigh- 
 ing the ashes of the dead that you would estimate the 
 loss of the survivor. 
 
 " The learned counsel has referred you to other 
 cases, and other countries, for instances of moderate 
 verdicts ; I can refer you to some authentic instances 
 of just ones. In the next county, 15,000i. against a 
 subaltern officer. In Travers v, McCarthy, 5000/. 
 against a servant. In Tighe v, Jones, 10,000Z. against 
 a man not worth a shilling. What, then, ought to be 
 the rule where rank and wealth and station have com- 
 bined to render the example of his crime more 
 dangerous, to make his guilt more odious, to make 
 the injury to the plaintiff more grievous, because more 
 conspicuous ? I affect no levelling familiarity when I 
 speak of persons of higher ranks of society. Distinc- 
 tions of orders are necessary, and I always feel disposed 
 to treat them with respect ; but when it is my duty to 
 speak of the crimes by which they are degraded, I am 
 not so fastidious as to shrink from their contact when 
 to touch them is essential to their dissection. In this 
 action, the condition, the conduct, and the circumstances 
 of the parties are justly and particularly the object of 
 your consideration. 
 
 " Who are the parties ? The plaintiff, young, 
 amiable, of family and education. Of the generous 
 disinterestedness of his heart you can form an opinion 
 
192 
 
 The Miinster Circuit, 
 
 even from the evidence of the defendant, that he 
 declined an alliance which would have added to his 
 fortune and consideration, and which he rejected for 
 an unportioned union with his present wife. She, 
 too, at that time was young, beautiful, and accom- 
 plished ; and felt her affection for her husband increase 
 in proportion as she remembered the ardour of his 
 love, and the sincerity of his sacrifice. Look now, at 
 the defendant ! I blush to name him ! I blush to 
 name a rank which he has tarnished, and a patent 
 which he has worse than cancelled. High in the army 
 — high in the State — the hereditary counsellor of the 
 King — of wealth incalculable ; and to this last I advert 
 with an indignant and contemptuous satisfaction, be- 
 cause, as the only instrument of his guilt and shame, 
 it will be the means of his punishment, and the source 
 of compensation for his guilt. 
 
 But let me call your attention distinctly to the 
 questions you have to consider. The first is the fact 
 of guilt. Is this noble lord guiltv ? His counsel 
 knew too well how they would have mortified his 
 vanity had they given the smallest reason to doubt the 
 splendour of his achievement. Against any such 
 humiliating suspicion he had taken the most studious 
 precaution by the publicity of the exploit. And here, 
 in this Court, and before you, and in the face of the 
 country, he has the unparalleled effrontery of disdain- 
 ing to resort to even a profession of innocence. His 
 guilt established, the next question is the damages 
 you should give. You have been told that the amount 
 of damages should depend on circumstances. You 
 will consider these circumstances, whether of aggrava- 
 
The Minister Circuit. 
 
 193 
 
 tion or mitigation. HivS learned counsel contend that 
 the plaintiff has been the author of his own suffering, 
 and ought to receive no compensation for the ill in 
 consequence of his own conduct. In what part of the 
 evidence do you find any foundation for that assertion ? 
 He indulged her, it seems, in dress ; generous and 
 attached, he probably indulged her in that point be- 
 yond his means ; and the defendant now impudently 
 calls on you to find one excuse for the adulterer in the 
 fondness and liberality of the husband. 
 
 ^^But you have been told that the husband connived. 
 Odious and impudent aggravation of injury, to add 
 calumny to insult, and outrage to dishonour. From 
 whom, but from a man hackneyed in the ways of 
 shame and vice — from whom, but from a man having 
 no compunction in his own breast to restrain him, 
 could you expect such brutal disregard for the feel- 
 ings of others ? — from whom, but from the cold- 
 blooded veteran seducer? — from what, but the ex- 
 hausted mind, the habitual community with shame ? 
 from what; but the habitual contempt of virtue and of 
 man, could you have expected the arrogance, the bar- 
 barity, the folly, of so foul, because so false, an im- 
 putation ? He should have reflected, and have blushed, 
 before he suffered so vile a topic of defence to have 
 passed his lips. But ere you condemn him let him 
 have the benefit of the excuse, if the excuse be true. 
 
 You must have observed how his counsel fluttered^ 
 and vibrated between what they call connivance and 
 injudicious confidence, and how in affecting to dis- 
 tinguish they have confounded them both together. 
 If the plaintiff has connived, I freely say to you, do 
 
 
 
194 
 
 The Miinster Circuit, 
 
 not reward the wretch who has prostituted his wife, 
 and surrendered his own honour — do not compensate 
 the pander of his own shame, and the willing instru- 
 ment of his own infamy. But as there is no sum so 
 low to which that defence, if true, ought not the reduce 
 your verdict, so neither is there any so high to which 
 such a charge ought not to inflame it if the charge be 
 false. Where is the single fact in this case on which 
 the remotest suspicion of connivance can be brought ? 
 Obviously has the defendant endeavoured to make the 
 softest and most amiable feelings of the heart the 
 pretext of his slanderous imputations. An ancient 
 and respectable prelate, the husband of his wife^s 
 sister, is chained to the bed of sickness, perhaps the 
 bed of death. In that distressing situation my client 
 suflered his wife to be the bearer of consolation to the 
 bosom of her sister. He had not the heart to refuse 
 her, and the softness of his nature is now charged on 
 him as a crime. He is now insolently told that he 
 connived at his dishonour, and that he ought to have 
 foreseen that the mansion of sickness and sorrow 
 would have been made the scene of assignation and of 
 guilt. On this charge of connivance I will not further 
 weary you, or exhaust myself. I will add nothing 
 more than that it is as false as it is impudent, that in 
 the evidence it has not a colour of support, and that 
 by your verdict you should mark it with reprobation. 
 The other subject, namely, that he was indiscreet in 
 his confidence, does, I think, call for some discussion : 
 for I trust you see that I affect not any address to 
 your passions, by which you may be led away from the 
 subject. I presume merely to separate the parts of 
 
The Munster Circuit, 
 
 195 
 
 this affecting case^ and to lay them item by item before 
 you^ with coldness of detail^ and not with any colouring 
 or display of fiction or of fancy. Honourable to him- 
 self was his unsuspecting confidence^ but fatal must 
 we admit it* to have been when we look to the abuse 
 committed upon it. But where is the guilt of this in- 
 discretion ? He did admit this noble lord to pass his 
 threshold as his guest. Now^ the charge which this 
 noble lord builds on this indiscretion is : ^ Thou fool ! 
 thou hadst confidence in my honour^ and that was a 
 guilty indiscretion. Thou simpleton ! thou thoughtest 
 that an admitted and cherished guest would have re- 
 spected the laws of honour and hospitality, and thy 
 indiscretion was guilt.'' 
 
 " Gentlemen, what horrid alternative in the treat- 
 ment of wives would such reasoning recommend ? Are 
 they to be immured by worse than Eastern barbarity ? 
 Are their principles to be depraved, their passions 
 sublimated, every finer motive of action extinguished, 
 by the inevitable consequences of thus treating them 
 like slaves ? Or is a liberal and generous confidence 
 in them to be the passport of the adulterer, and the 
 justification of his crimes ? Honourably, but fatally 
 for his own repose, he was neither jealous, suspicious, 
 nor cruel. He treated the defendant with the confi- 
 dence of a friend, and his wife with the tenderness of 
 a husband. He did leave to the noble marquis the 
 physical possibility of committing against him the 
 greatest crime that can be perpetrated against a being 
 of an amiable heart and refined education. In the 
 middle of the day, at the moment of divine worship, 
 when the miserable husband was on his knees, directing 
 
 o 2 
 
196 
 
 The Munster Circuit. 
 
 the prayers and thanksgiving of his congregation to 
 their God^ that moment did the remorseless adulterer 
 choose to carry off the deluded victim from her husband, 
 from her child, from her character, from her happiness, 
 as if not content to have his crime confined to its 
 miserable aggravation, unless he gave it a cast and 
 colour of fictitious sacrilege and impiety. Oh ! how 
 happy had it been, when he arrived at the bank of 
 the river with the ill-fated fugitive, ere yet he had 
 committed her to that boat, of which, like the fabled 
 bark of Styx, the exile was eternal — how happy at 
 that moment, so teeming with misery and shame, if 
 you, my lord, had met him, and could have accosted 
 him in the character of that good genius which had 
 abandoned him, how impressively might you have 
 pleaded the cause of the father, of the child, of the 
 mother, and even of the worthless defendant himself. 
 You would have said, ^ Is this the requital you are 
 about to make for respect and kindness and confidence 
 in your honour ? Can you deliberately expose this 
 young man, in the bloom of life, with all his hopes 
 before him — can you expose him, a wretched outcast 
 from society, to the scorn of a merciless world ? Can 
 you set him adrift upon the tempestuous ocean of 
 his own passions at this early season, when they are 
 most headstrong ? and can you cut him out from the 
 moorings of those domestic obligations by whose cable 
 he might ride at safety Irom their turbulence ? Think 
 of, if you can conceive it, what a powerful influence 
 arises from the sense of home, from the sacred religion 
 of the heart in quelling the passions, in reclaiming 
 the wanderings, in correcting the discords of the 
 
The Munster Circuit. 
 
 197 
 
 human heart. Do not cruelly take from him the pro- 
 tection of these attachments. But if you have no pity 
 for the father, have mercy at least upon his innocent 
 and helpless child. Do not condemn him to an educa- 
 tion scandalous or neglected. Do not strike him 
 with that most dreadful of all human conditions, the 
 orphanage that springs not from the grave, that 
 falls not from the hand of Providence, or from the 
 stroke of death; but comes before its time, antici- 
 pated and inflicted by the remorseless cruelty of 
 parental guilt.'' 
 
 " For the poor victim herself, not yet immolated, 
 while yet balancing upon the pivot of her destiny, 
 your heart could not be cold, nor your tongue be 
 wordless. You would have said to him, ^ Pause, my 
 lord, while there is yet a moment of reflection. What 
 are your motives, what your views, what your pros- 
 pects from what you are about to do ? You are a 
 married man, the husband of the most amiable and 
 respectable of women ; you cannot look to the chance 
 of marrying this wretched fugitive — between you and 
 that event there are two sepulchres to pass. What 
 are your inducements ? Is it love, think you ? No, 
 do not give that name to any attraction you can find 
 in the faded refuse of a violated bed. Love is a noble 
 and generous passion. It can be founded only on a 
 pure and ardent friendship, on an exalted respect, on 
 an implicit confidence in its object. Search your heart, 
 examine your judgment. Do you find the semblance 
 of any one of these sentiments to bind you to her ? 
 What could degrade a mind to which nature or educa- 
 tion had given post, or stature, or character into a 
 
The Munster Circuit, 
 
 friendship for her ? Could you repose upon her faith ? 
 Look in her face, my lord. She is, at this moment, 
 giving you the violation of the most sacred of human 
 obligations as the pledge of her fidelity. She is giving 
 you the most irrefragable proof that she is deserting 
 her husband for you ; so she would, without a scruple, 
 abandon you for another. Do you anticipate any 
 pleasure you might feel in the possible event of your 
 becoming the parents of a common child ? She is, at 
 this moment, proving to you that she is dead to the 
 sense of parental, as of conjugal obligation, and that 
 she would abandon your offspring to-morrow with the 
 same facility with which she now deserted her own. 
 Look, then, at her conduct, as it is, as the world must 
 behold it, blackened by every aggravation that can 
 make it either odious or contemptible, and unrelieved 
 by a single circumstance of mitigation that could palliate 
 its guilt, or retrieve it from abhorrence. 
 
 ^ Mean, however, and degraded as this woman must 
 be, she will still (if you take her with you) have strong 
 and heavy claims upon you. The force of these claims 
 does, certainly, depend upon circumstances; before, 
 therefore, you expose her fate to the dreadful risk of 
 your caprice or ingratitude, in mercy to her, weigh 
 well the confidence she can place in your future justice 
 and honour at that future time, much nearer than you 
 think ; by what topics can her cause be pleaded to a 
 sated appetite, to a heart that repels her, to a just 
 judgment in which she never could have been valued 
 or respected ? Hers is not the case of an unmarried 
 woman, with whom a pure and generous friendship 
 may insensibly have ripened into a more serious at- 
 
The Mtmster Circuit, 
 
 tachment^ until at last lier heart became too deeply 
 pledged to be reassumed. If so circumstanced^ with- 
 out any husband to betray, or child to desert, or motive 
 to restrain, except what related solely to herself, her 
 anxiety for your happiness made her overlook every 
 other consideration, and commit her history to your 
 honour. In such a case, the strongest and the highest 
 that man^s imagination can suggest, in which you at 
 least could see nothing but the most noble and disin- 
 terested sacrifice, in which you could find nothing but 
 what claimed from you the most kind and exalted sen- 
 timent of tenderness, and devotion, and respect, and 
 in which the most fastidious rigour would find so 
 much more subject for sympathy than blame, let me 
 ask you, could you, even in that case, answer for your 
 justice and gratitude ? I do not allude to the long 
 and pitiful catalogue of paltry adventures in which it 
 seems your time has been employed — the coarse and 
 vulgar succession of casual connexion, joyless, loveless, 
 and unendeared; but do you not find upon your 
 memory some traces of an engagement of the character 
 I have sketched ? Has not your sense of what you 
 would owe in such a case, and to such a woman, been 
 at least once put to the test of experiment ? Has it 
 not once at least happened that such a woman, with 
 all the resolution of strong faith, flung her youth, her 
 hope, her beauty, her talent, upon your bosom, weighed 
 you against the world, which she found but a feather 
 in the scale, and took you as an equivalent? How 
 did you then acquit yourself ? Did you prove yourself 
 worthy of the sacred trust reposed in you ? Did your 
 spirit so associate with hers as to leave her no room 
 
200 
 
 The Mimster Circuit. 
 
 to regret the splendid and disinterested sacrifice she 
 had made ? Did her soul find a pillow in the tender- 
 ness of yours, and support in its firmness ? Did you 
 preserve her high in her own consciousness^ proud in 
 your admiration and friendship, and happy in your 
 afiectioQ? You might have so acted; and the man 
 that was worthy of her would have perished rather 
 than not so act as to make her delighted with having 
 confided so sacred a trust to his honour. Did you 
 so act ? Did she feel that^ however precious to your 
 hearty she was still more exalted and honoured in your 
 reverence and respect? Or did she find you coarse 
 and paltry, fluttering and unpurposed, unfeeling and 
 ungrateful ? You found her a fair and blushing 
 flower, its beauty and its fragrance bathed in the 
 dew of heaven — did you so tenderly transplant it as to 
 preserve that beauty and that fragrance unimpaired ? 
 Or did you so rudely cut it as to intercept its nutri- 
 ment, to waste its sweetness, to blast its beauty, to 
 bow its faded and sickly head ? And did you at last 
 fling it, like a loathsome weed, away ? If, then, 
 to such a woman, so clothed with every title that 
 could ennoble and exalt, and endear her to the heart 
 of man, you would be cruelly and capriciously deficient, 
 how can a wretched fugitive like this, in every point 
 her contrast, hope to find you just ? Send her, then, 
 away — send her back to her home, to her child, to 
 her husband, to herself.^ 
 
 Alas ! there was no one to hold such language to 
 the noble defendant. He did not hold it to himself ; 
 but he paraded his despicable prize in his own carriage, 
 with his own retinue, his own servants — this veteran 
 
The Munster Circuit. 
 
 201 
 
 Paris hawked his enamoured Helen from the western 
 quarter of the island to a seaport in the eastern^ 
 crowned with the acclamations of a senseless and 
 grinning rabble^ glorying and delighted^ no doubt^ in 
 the leering and scoflBng admiration of grooms^ and 
 ostlers, and waiters, as he passed. 
 
 In this odious contempt of every personal feeling, 
 of public opinion, of common humanity, did he parade 
 this woman to the seaport, whence he transported his 
 precious cargo to a country where her example may 
 be less mischievous than in her own, where I agree 
 with my learned colleague in heartily wishing he may 
 remain with her for ever. We are too poor, too 
 simple, too unadvanced a country for the example of 
 such achievements. Where the relaxation of morals 
 is the natural growth and consequence of the great 
 progress of arts and wealth, it is accompanied by a 
 refinement that makes it less gross than shocking ; 
 but for such palliations we are a century too young. 
 I advise you, therefore, most earnestly to rebuke this 
 budding mischief, by letting the wholesome vigour 
 and chastisement of a liberal verdict speak what you 
 think of its enormity. In every point of view in which 
 I can look at the subject, I see you are called upon to 
 give a bold, and just, and indignant and exemplary 
 compensation. The injury of the plaintiff demands 
 it from your justice, the delinquency of the defendant 
 provokes it by its enormity. The rank on which he 
 has relied for impunity calls upon you to tell him that 
 crime does not ascend to the rank of the perpetrator, 
 but the perpetrator sinks from his rank, and descends 
 to the level of his delinquency. The style and mode 
 
202 
 
 The Munster Circuit, 
 
 of the defence is a gross aggravation of his conduct, 
 and a gross insult upon you. 
 
 ^^Look upon the different subjects of his defence 
 as you ought, and let him profit by them as he de- 
 serves. Vainly presumptuous upon his rank, he wishes 
 to overawe you by that despicable consideration. He 
 next resorts to a cruel aspersion upon the character of 
 the unhappy plaintiff, whom he had already wounded 
 beyond the possibility of reparation. He has ventured 
 to charge him with connivance. As to that I will only 
 say, gentlemen of the jury, do not give this vain boaster 
 a pretext for saying, that if the husband connived in 
 the offence, the jury also connived in the reparation. 
 
 ^^But he has pressed another curious topic upon 
 you. After the plaintiff had cause to suspect his de- 
 signs, and the likelihood of their being fatally success- 
 ful, he did not then act precisely as he ought. Gracious 
 God ! what an argument for him to dare to advance. 
 It is saying this to him : ^ I abused your confidence, 
 your hospitality — I laid a base plan for the seduction 
 of your wife — I succeeded at last so as to throw in 
 upon you that most dreadful of all suspicions to a 
 man fondly attached, proud of his wife^s honour, and 
 tremblingly alive to his own, that you were possibly a 
 dupe to the confidence in the wife as much as in the 
 guest. In this so pitiable distress, which I myself 
 had studiously and deliberately contrived for you, be- 
 tween hope and fear, and doubt and love, and jealousy 
 and shame — one moment shrinking from the cruelty 
 of your suspicion, the next fired with indignation at 
 the facility and credulity of your acquittal— in this 
 labyrinth of doubt, in this frenzy of suffering, you 
 
The Mtmster Circuit. 
 
 203 
 
 were not collected and composed ; you did not act as 
 you might have done_, if I had not worked you to 
 madness^ and upon that very madness which I have 
 inflicted upon you, upon the very completion of my 
 guilt, and of your misery, I will build my defence. 
 You will not act critically right, and therefore are 
 unworthy of compensation/ 
 
 Having dwelt somewhat more on this topic, and 
 showed how little there was in the evidence to sustain 
 the allegation of connivance, Mr. Curran continued : — 
 There is another ground on which you are called 
 on to give most liberal damages, and that has been 
 laid by the unfeeling vanity of the defendant. This 
 business has been marked by the most elaborate pub- 
 licity. It is very clear he has been allured by the 
 glory of the chase, and not the value of the game. 
 The poor object of his pursuit could be of no value 
 to him, or he could not have so wantonly and cruelly 
 and unnecessarily abused her. He might have kept 
 this unhappy intercourse an unsuspected secret. Even 
 if he wished for elopement he might easily have so 
 contrived it that the place of her retreat would be 
 profoundly undiscoverable. 
 
 Yet, though even the expense, a point so tender 
 to his delicate sensibility, of concealing could not be 
 one-fortieth of the cost of publishing her, his vanity 
 decided him in favour of glory and publicity. By 
 that election he has, in fact, put forward the Irish 
 nation, and its character, so often and so variously 
 calumniated, upon its trial before the tribunal of the 
 empire, and your verdict will this day decide whether 
 an Irish jury can feel with justice and spirit upon a 
 
204 
 
 TJie Miinster Circuit, 
 
 subject that involves conjugal affection and comfort, 
 domestic honour and repose, the certainty of issue, the 
 weight of public opinion, the gilded and presumptuous 
 criminality of overweening rank and station. I doubt 
 not but he is, at this moment, reclining on a silken 
 sofa anticipating that submissive and modest verdict 
 by which you will lean gently on his errors, and ex- 
 pecting from your patriotism, no doubt, that you will 
 think again and again, before you condemn any great 
 portion of the immense revenue of a great absentee to 
 be retained in the nation that produced it, instead of 
 being transmitted, as it ought, to be expended in the 
 splendour of another country. He is now, probably, 
 waiting for the arrival of the report of this day, which, 
 I understand, a famous note-taker has been sent hither 
 to collect. Let not the gentleman be disturbed. 
 
 Gentlemen, let me assure you it is more, much 
 more, the trial of you than of the noble marquis, of 
 which this important recorder is, at this moment, col- 
 lecting materials. His noble employer is now expect- 
 ing a report to the following effect : ^ Such a day came 
 on to be tried at Ennis, by a special jury, the cause of 
 Charles Massey against the most Noble the Marquis of 
 Headfort. It appeared that the plaintiff^s wife was 
 young, beautiful, and captivating ; the plaintiff himself 
 a person fond of this beautiful creature to distraction, 
 and both doting on their child. But the noble marquis 
 approached her, the plume of glory nodded on his head. 
 Not the goddess Minerva, but the goddess Venus, had 
 lighted up his casque with ^^the fire that never tires,^' 
 such as many a lady gay had been dazzled with before. 
 At the first advance she trembled ; at the second she 
 
The Mtmster Circuit, 
 
 205 
 
 struck to the redoubted son of Mars and pupil of 
 Venus. The jury saw it was not his fault (it was an 
 Irish jury) ; they felt compassion for the tenderness of 
 the mother^s hearty and for the warmth of the lover^s 
 passion. The jury saw on one side a young, entertain- 
 ing gallant; on the other a beauteous creature, of 
 charms irresistible. They recollected that Jupiter had 
 been always successful in his amours, although Vulcan 
 had not always escaped some awkward accidents. The 
 jury was composed of fathers, brothers, husbands, but 
 they had not the vulgar jealousy that views little things 
 of that sort with rigour, and wishing to assimilate 
 their country in every respect to England, now that 
 they are united to it, they, like English gentlemen, 
 returned to their box with a verdict of 6oJ. damages, 
 and 6(i. costs.^ 
 
 '^Let this be sent to England. I promise you your 
 odious secret will not be kept better than that of the 
 wretched Mrs. Massey. There is not a bawdy 
 chronicle in London in which the epitaph which you 
 would have written on yourselves will not be published, 
 and our enemies will delight in the spectacle of our 
 precocious guilt, in seeing that we can be rotten before 
 we are ripe. I do not suppose it. I do not, cannot, 
 will not believe it. I will not harrow up myself with 
 the anticipated apprehension. There is another con- 
 sideration, gentlemen, which I think most imperiously 
 demands even a vindictive reward of exemplary 
 damages, and that is, the breach of hospitality. 
 
 To us peculiarly does it belong to avenge the 
 violation of its altar. The hospitality of other coun- 
 tries is a matter of necessity or convention. In savage 
 
206 
 
 The Munster Circuit, 
 
 nations^ of the first ; in polished, of the latter. But 
 the hospitality of an Irishman is not the running 
 account of listed and legered courtesies^ as in other 
 countries ; it springs^ like all his qualities — his faults, 
 his virtues — directly from his heart. The heart of an 
 Irishman is, by nature, bold, and he confides; it is 
 tender, and he loves ; it is generous, and he gives ; it 
 is social, and he is hospitable. This sacrilegious in- 
 truder has profaned the religion of that sacred altar, 
 so elevated in our worship, so precious to our devotion, 
 and it is our privilege to avenge the crime. You must 
 either pull down the altar, and abolish the worship, or 
 you must preserve its sanctity undebased. There is 
 no alternative between the complete exclusion of all 
 mankind from your threshold, and the most rigorous 
 punishment of him who is admitted and betrays. This 
 defendant has been so trusted, has so betrayed, and 
 you ought to make him a most signal example. Gentle- 
 men, I am the more disposed to feel the strongest 
 indignation and abhorrence at this odious conduct of 
 the defendant when I consider the deplorable condition 
 to which he has reduced the plaintifi", and perhaps the 
 still more deplorable one that the plaintiff has in pro- 
 spect before him. What a progress has he to travel 
 through before he can attain the peace and tranquil- 
 lity which he has lost ! How like the wounds of the 
 body are those of the mind ! How burning the fever ! 
 How painful the suppuration ! How slow, how hesi- 
 tating, how relapsing the progress to convalescence ! 
 Through what a variety of suSering, what new 
 scenes and changes must my unhappy client pass 
 ere he can reattain, should he ever reattain, that 
 
The Minister Circuit. 
 
 207 
 
 health of soul of which he has been despoiled by 
 the cold and deliberate machinations of this practised 
 and gilded seducer. If, instead of drawing upon his 
 incalculable wealth for a scanty retribution^ you were 
 to stop the progress of his despicable achievements by 
 reducing him to actual poverty^ you could not even so 
 punish him beyond the scope of his offence^ nor reprise 
 the plaintiff beyond the measure of his suffering. Let me 
 remind you that in this action the law not only empowers 
 you^ but that its policy commands you^ to consider the 
 public example as well as the individual injury when 
 you adjust the amount of your verdict. I confess I 
 am most anxious that you should acquit yourselves 
 worthily upon this important occasion. I am address- 
 ing you as fathers, husbands, brothers. I am anxious 
 that a feeling of these high relations should enter into, 
 and give dignity to your verdict. 
 
 ^^But I confess I feel a tenfold solicitude when I 
 remember that I am addressing you as my country- 
 men, as Irishmen, whose characters as jurors, as 
 gentlemen, must find either honour or degradation in 
 
 the result of vour decision. Since so vast be the dis- 
 t/ • 
 
 tributive share of that national estimation that can 
 belong to so unimportant an individual as myself, yet 
 I do own I am tremblingly solicitous for its fate. 
 Perhaps it appears of more value to me, because it is 
 embarked in the same bottom with yours. Perhaps 
 the community of peril, of common safety, of common 
 wreck, gives a consequence to my share of the risk, 
 which I could not be vain enough to give it, if it 
 were not raised to it by that mutuality. But why 
 stoop to think at all of myself, when I know that 
 
208 
 
 The Mimster Circuit. 
 
 you J gentlemen of the jury — when I know that our 
 country itself — are my clients on this day^ and must 
 abide the alternative of honour or of infamy, as you 
 shall decide. But I will not despond; I will not dare 
 to despond. I have every trust, and hope, and confi- 
 dence in you, and to that hope I will add my most 
 fervent prayer to the God of all truth and justice so 
 to raise, and enlighten, and fortify your minds, that 
 you may so decide as to preserve to yourselves while 
 you live the most delightful of all recollections — that 
 of acting justly ; and to transmit to your children the 
 most precious of all inheritances — the memory of your 
 virtue.^^ 
 
 The learned Baron then charged the jury. As there 
 were not many witnesses, and as the question resolved 
 itself into one of damages, which was entirely the pro- 
 vince of the jury to measure, his lordship was brief. 
 The jury, after some consultation, brought in their 
 verdict. They found for the plaintiff, 10,000Z. damages 
 and costs. 
 
 Thus ended this case, in which Curran made his 
 last, and probably best, speech upon the Munster Cir- 
 cuit. The trial lasted twelve hours. 
 
The Munster Circuit. 209 
 
 CHAPTER XV. 
 
 Course of tlie Munster Circuit. — Stage Coaclies in the Eighteentli 
 Century. — The Circuit. — Ennis. — Faction Fights. — Banim's 
 Poem. — The Old Man at the Altar. — Anecdote of the late 
 Baron Greene. — The O'Loghlens. — Henns. — Quin Abbey. — 
 Creggan Tower. — Atterbury Lodge. — Fatal Duels. — Bunratty 
 Castle. 
 
 Bepoke we proceed further in the History of the 
 Munster Circuit during the present century, it may be 
 well to take a glance at the mode of travelling used 
 formerly, and at the various towns visited by the 
 judges of assize. 
 
 Previously to the year 1760 there was no conveyance 
 open to public use between the cities and towns of Ire- 
 land. The country was so thickly wooded, the roads 
 so badly made, travelling was very insecure ; and this 
 was rendered still more dangerous by the numbers of 
 rogues and ruffians who infested any which promised a 
 chance of plunder. To avert this last danger persons 
 usually travelled in parties; and we are informed it 
 was the custom for persons about to journey, say from 
 Cork or Limerick to Dublin, to post in a conspicuous 
 place, as over the mantelpiece of the principal inn, their 
 names and the date of their intended departures. In 
 Limerick this place of rendezvous was the Coffee-Room 
 in Quay Lane ; and here the adventurous pilgrims met. 
 
210 
 
 The Mtmster Circuit. 
 
 taking care to be well armed for tlie road. The journey 
 to Dublin usually occupied five days. The same horses 
 went the whole way. The bar^ on horseback^ usually 
 formed the escort of the judges^ who were met on the 
 confines of the respective counties by the high sheriffs 
 of each county^ attended by a guard bearing javelins. 
 A witty judge was once asked^ Of what use are these 
 javelin men ? He replied^ I suppose they are to 
 help me to charge the grand jury 
 
 About the year 1760 a coach, called the " Fly/^ was 
 started to run between Limerick and Dublin. It per- 
 formed the journey, about 100 miles, in four days. 
 The Fly was large and heavy in construction, which, 
 indeed, was indispensable ; as the roads were so un- 
 even, a lighter vehicle would be jolted to pieces. The 
 road-makers, going on the axiom, a straight line is the 
 shortest between two points, ran their roads as straight 
 as an arrow, heedless of such impediments as hills or 
 bogs ; the traveller had no choice but to climb the one 
 and to wade the other. As the strong-built coach re- 
 quired stout harness to move it, the accoutrements of 
 the four sturdy horses were of a most elaborate and 
 complicated character. We can well suppose the time 
 it took to harness the relays of horses, from the cir- 
 cumstance that the same harness was used throughout 
 the four days^ journey. But time and the march of in- 
 tellect worked changes for the better. The slow-going 
 
 Fly was replaced by a coach of lighter build, called 
 the Balloon,'^ and it was a decided improvement to 
 find the relays of horses ready harnessed when the 
 stage was reached. The Balloon^'' reached Dublin 
 from Limerick in three days, and some twenty years 
 
The Mimster Circuit. 21 [ 
 
 later the route was changed. Instead of proceeding- 
 over Thorn ond Bridge and by Killaloe^ the coach went 
 by Clare Street^ and via Nenagh^ to Dublin. This 
 shortened the journey to two days; and when I tra- 
 velled by coach^ before the railroads banished the 
 stage^ we reached Limerick from Dublin in a day. 
 Towards the close of the eighteenth century the ex- 
 tent of the Munster Circuit was considerably changed. 
 In 1796 the counties of Waterford and Tipperary were 
 joined to the Leinster Circuity and since then Clare, 
 Limerick^ Kerry, and Cork counties form the Munster. 
 The usual route is for the judges of assize to open the 
 commission first in Clare, then in Limerick, next in 
 Kerry, and lastly in Cork ; but this rule has been de- 
 parted from, as in the year 1816, when the Summer 
 Assizes commenced in Cork, whence the judges pro- 
 ceeded to Ennis, thence to Limerick and Tralee. Ow- 
 ing to the heavy criminal calendar, they had to return 
 to discharge the gaol at Cork. 
 
 Ennis, the assize town and capital of the county of 
 Clare at the commencement of the present century, 
 presented a very different aspect to its present im- 
 proved one. The streets were narrow, irregular, badly 
 paved, and not over clean at any time. It is called 
 Ennis from Jms, an island, being built on an insulated 
 ground situate in the river Fergus. Two of the chief 
 streets form a continuous line along the banks of the 
 river, while a third branches off from the old court- 
 house towards Limerick. This court house witnessed, 
 the displays of Curran, Hoare, Quin, and the other 
 leaders of the Munster Circuit in olden times, and the 
 old hostel of the Gridiron could tell, had it a tongue, 
 
 p 2 
 
212 
 
 The Mu7ister Circuit, 
 
 many amusing stories. The landlady^ Honor O^Logh- 
 len, must have had a ready wit. Happening to enter 
 the bar-room after dinner^ Curran proposed her health. 
 
 I give you, gentlemen/^ he said^ Honor and 
 Honesty/^ Possibly the worthy landlady did not feel 
 complimented, for she readily rejoined^ Your absent 
 friends, Mr. Curran.^^ Ennis College, at the time we 
 refer to, was in great repute. It is one of the four 
 classical schools of Erasmus Smithes foundation, and at 
 this time accommodated a hundred boarders and about 
 half the number of day pupils. The ruin of the Fran- 
 ciscan Abbey, where the Court of Assize was attempted 
 to be held, as mentioned in my first chapter, still forms 
 a picturesque object near the town. This abbey owed 
 its foundation to the kingly race of Thomond, and 
 many of the descendants of Brian Boroihme tranquilly 
 rest beneath its crumbling walls. The great eastern 
 window, thirty feet in height, divided by five stone 
 muUions, lancet-headed, displays great beauty of de- 
 sign and skill in execution. The abbot^s chair, in the 
 chancel, and the high altar, are richly sculptured, and 
 several ancient tombs show traces of pristine beauty, 
 though now sadly defaced by time. 
 
 For many years the demon of discord lurked among 
 the people of Clare, and faction fighting extensively 
 prevailed. Scarcely an assize took place in which the 
 calendar did not present an imposing array of names of 
 prisoners indicted for assaults more or less murderous. 
 These continued until the O^Connell election in 1828, 
 when the Roman Catholic clergy prevailed on the 
 heads of factions to become reconciled. John Banim 
 wrote some spirited lines describing this event, which 
 
The Munster Circuit, 
 
 213 
 
 lie recited to me^ and I here present them to my 
 readers under the heading, The Old Man at the 
 Altar : 
 
 " An old man knelt at the altar, 
 His enemy's hand to take ; 
 And at first his voice did falter, 
 And his feeble hands did shake. 
 For his only brave boy — his glory, 
 Had been stretch'd at the old man's feet, 
 A corpse, all so cold and gory, 
 By the hand that he now must greet. 
 
 " The old man soon stopp'd speaking, 
 For rage, that had not gone by, 
 From under his brows came breaking, 
 Up into his enemy's eye. 
 And now his hands are not shaking. 
 But, clench'd, on his breast are cross'd ; 
 And he looks a wild wish to be taking 
 Kevenge for the son he has lost. 
 
 " But the old man look'd aronnd him, 
 And thought of the place he was in. 
 And thought of the vow that bound him, 
 And thought that rev^enge is sin ; 
 And then, crying tears like a woman, 
 ' Your hand,' he cried, * ay, fkat hand. 
 And I do forgive you, foeman. 
 For the sake of our bleeding land.' " 
 
 Years afterwards some lingering sparks of the old 
 faction feuds brought several Clare boys into the dock 
 at Ennis. They were tried, and the judges were taking 
 a walk along the banks of the Fergus before repairing 
 to their respective courts^ the next morning. They 
 were the late Baron Greene and the late Judge 
 
214 
 
 The Mtmster Circuit, 
 
 Crampton. Their persons were unknown to a crowd 
 of men who advanced towards Ennis. When about to 
 pass the judges, one of the group, civilly taking oflF his 
 hat, said, — 
 
 Maybe, gentlemen, ye were in the court yester- 
 day?" 
 
 Yes, my man,^^ replied Baron Greene. 
 
 And can your honour tell us what was done to the 
 boys of the O^Shaughnessys 
 
 I do not know,^^ answered the Baron, who had 
 tried the records, but I think that gentleman,^^ 
 indicating his brother judge, may know all about 
 them/' 
 
 To him the interrogatory was put. 
 ^^They were all acquitted,"*' replied Judge Cramp- 
 ton. 
 
 Then, by the powers,'' shouted the countryman, 
 they must have had great interest intirely." 
 When the crowd were lost in the distance, the baron 
 jocularly said, — 
 
 Oh, Crampton, how well that fellow knew you." 
 Few men under a grave visage enjoyed a joke more 
 than Baron Gkeene. He often entertained me with 
 excellent anecdotes, especially of Lord Norbury. I 
 dined with him one day, when we happened to speak 
 of a breach of promise of marriage case on the list of 
 records for trial, and he told the following of Lord Nor- 
 bury : When charging the jury in a breach of promise 
 case, the letters of the faithless defendant had been so 
 long in the plaintiff's pocket, or so often shown to her 
 sympathizing friends, they were greatly frayed at the 
 folds, and almost in tatters. ^ Gentlemen,' said Lord 
 
The Munster Circuit, 
 
 215 
 
 Norbury^ carefully holding up one of the epistles to 
 the gaze of the jury, ^ it^s easy to see these are love- 
 letters, because they^re so mighty tender,^ In a case 
 wherein the plaintiff^ s attorney's name was Norman, he 
 seemed quite jubilant, as though anticipating a verdict. 
 The Chief Justice said, ' Take care, it is not the Norman 
 conquest yet/ 
 
 The baron's father. Sir Jonah Greene, had been 
 Kecorder of Dublin. When sentencing for the tenth 
 time some hardened female criminal, he said, There 
 was no use in committing her to a prison in this coun- 
 try ; he would transport her for seven years, and he 
 hoped, in a new country, she would endeavour, with 
 the blessing of God, to regain the character she had 
 tarnished by her career of vice in this/' Having 
 ceased his admonition, he was rather taken aback by 
 the damsel's inquiry, Ah, thin, plase your lordship, 
 whin do we sail ? ^' 
 
 Clare has furnished many very eminent members to 
 the Munster Circuit. 
 
 Sir Michael O'Loghlen, late Master of the Rolls in 
 Ireland, was a native of the county, and his distin- 
 guished sons. Sir Colman, Sir Bryan, and Michael, 
 were all at the bar/ The late amiable Right Hon. 
 Sir Colman Michael O'Loghlen, Bart., Serjeant-at-Law, 
 represented his native county in the House of Com- 
 mons. The Hon. Matthew Finucane, Judge of the 
 Court of Common Pleas in 1794, was also a Clare man, 
 while the talented family, the Henns, of Paradise^ 
 Kildysart, have furnished a number of eminent lawyers 
 
 1 For memoirs of Sir Michael and Sir Colman O'Loghlen, 
 vide "The Irish Bar," chap. xxiv. 
 
2l6 
 
 The Munster Circuit, 
 
 who have worthily sat upon the judgment-seat. This 
 family are descended from Chief Baron Hene^ whose 
 patent bears date 11th March^ 1679.^ This judge^s 
 great grandson, William Henn^ second son of Thomas 
 Henn, Esq., of Paradise, County Clare, was appointed 
 one of the judges of the Court of King^s Bench, 1st 
 August, 1768. The judge^s only son, William, was 
 born in Paradise, and was appointed a Master in Chan- 
 cery. He married Miss Lovett, sister of Sir Jonathan 
 Lovett, of Lipscombe Park, Buckinghamshire, Bart. 
 William, the eldest son of this marriage was a member 
 of the Munster bar, and continued so until he also 
 became a Master in Chancery, when his brother, 
 Jonathan Henn, joined the Munster Circuit. Perhaps 
 no greater proof of the uncertainty of professional 
 success at the bar can be given than in the career of 
 Jonathan Henn, Q.C. He had joined the Connaught 
 Circuit, and went its round for ten years without a 
 brief. When his elder brother became Master Henn, 
 Jonathan changed from the Connaught to the Munster 
 Circuit. He shortly found a marked change in his 
 professional prospects ; briefs came in in shoals, and 
 when I joined he was confessedly the foremost man on 
 the Munster Circuit. 
 
 This family is now worthily represented by my 
 esteemed friend Thomas Rice Henn, Esq., Q.C, Re- 
 corder and Judge for the county of Galway. 
 
 Besides those I have enumerated, many others claim 
 mention. The present learned and amiable Baron Fitz- 
 gerald is, I believe, a Clare man. Mr. Peter O^Brien, 
 
 2 Smyth's Law Officers," p. 142. 
 
The Munster Circuit, ^ 217 
 
 another worthy member of the family of Hon. Judge 
 0''Brien^ bids fair to sustain tlie credit of his ancient 
 race. Nicholas Purcell O^Grorman^ for many years 
 chairman for the county of Kilkenny^ was a native of 
 County Clare. We shall refer to him later on. 
 
 The journey from Ennis to Limerick^ now traversed 
 t)y rail^ was formerly a pleasant drive of a few hours 
 through a picturesque and interesting country. The 
 last time I traversed this road was in company with a 
 highly intelligent magistrate ' of Clare and his accom- 
 plished wife. They were anxious to show me some 
 beautiful ruins ; and as a brief notice of them may serve 
 to present a variety to the events we shall presently 
 relate^ I venture to give them place^ as forming part of 
 the Munster Circuit. Mr. Frost told me much about 
 Ned Lysaght. Many members of the family are buried 
 in the churchyard of Kilf enora. He copied one inscrip- 
 tion^ which is thus carved on the stone : 'Non quisquam 
 depandavi me scepefefelli Marte JBaccho Venereque tribute 
 dedi Patricio Lysaght ohiit 1712. Mtatis sua 85."^^ 
 
 While thus conversing about the natives of Clare, 
 the stately remains of Quin Abbey came in view. 
 Beautiful in decay, how noble must it have been in the 
 days of its pride ! 1 could not help thinking how little 
 is known of the pious inmates of these cloistered walls, 
 which in so many places in Ireland adorn the scenery. 
 It is not so with the owners of feudal castles. Bunratty 
 has its history, Creggan its story, but I failed to dis- 
 cover much about the Abbey of Quin. Possibly, the 
 different ways in which the occupants passed their time 
 ^ My excellent host James Frost, Esq., of Bally morris. High 
 Sheriff, County Clare, 1879. 
 
2l8 
 
 The Munster Circuit, 
 
 may account for this. The warrior chief passed his 
 days in war or rapine, taking enemies in the field, or 
 preys of cattle from the plain ; while the peaceful and 
 uniform lives of the monks went tranquilly on, as the 
 river that flowed beside them ; and there was little to 
 hand down to posterity save accounts of their piety or 
 charity. With such thoughts we drove swiftly on. 
 Having passed through the village of Quin, we reached 
 the magnificent ruins of Quin Abbey. It was evidently 
 one of the finest buildings in Ireland, and pleasantly 
 situated on the baaks of a clear rapid stream. This 
 rivulet tumbles over the rocky bed with the same heed- 
 less impetuosity as it did centuries ago, when matin 
 song and vesper hymn told, in notes of prayer and 
 praise, the dawn and close of day. Sad and forsaken 
 are the ruins now. It was not without a sigh over 
 fallen greatness I mounted the broken steps leading to 
 the interior. Judging from the outward walls, I was 
 led to expect a rich treat of ecclesiastical architecture 
 when I passed within. Nor was I doomed to disap- 
 pointment. When I reached the portal I paused to 
 contemplate the spacious church, for the eye looked 
 through the chancel-arch to the lofty mullioned window 
 over the high altar, which still retains its place, though 
 generations have passed since abbot or friar off'ered 
 sacrifice there. Altars also yet stand on each side of 
 the chancel-arch, and an arch of noble span opens the 
 chapel to the south, most probably the lady-chapel. 
 Here some altars yet remain. In the middle of the 
 church, between the space in front of the high altar 
 and the entrance, is a lofty tower, still showing its 
 beautiful proportions to the surrounding country. 
 
The Miinster Circuit, 
 
 219 
 
 Many remains of former decoration still survive the 
 wreck of time and disfiguration of man. The Annals 
 of the Four Masters inform us the monastery of Quin 
 (Cuinche) was founded for Franciscan friars by Lioda 
 Cam McNamara in 1402, but Father Wadding claims 
 a yet earlier date for this foundation. 
 
 Be that as it may, to the house of McNamara belongs 
 the fact of placing the friars of Strict Observance in 
 this beautiful monastery, and the tomb of the founder 
 still remains, close beside the high altar. The canopy 
 over the tomb bears traces of rich sculpture in gothic 
 carving and five clustered pillars, the sharpness of out- 
 line and solidity of execution bidding defiance to time. 
 The inscription, in the gothic character, is not easy to 
 decipher, but a more recent one is sheltered beneath 
 the canopy. It is surmounted by the arms of McNa- 
 mara, anciently a very powerful sept in Thomond, and 
 still represented by several families of distinction. This 
 tells us the monument was erected in 1433, by Macon 
 Dall McNamara, Lord of Clancoilean, and was repaired 
 by Captain Teage McNamara of Eannee, in 1714. 
 
 I am happy to learn that some eflFort is about being 
 made to rescue these noble ruins from the neglect and 
 desolation in which I beheld them. 
 
 We next reached Six-Mile Bridge, called in Irish 
 Amhain O^Gearna, from the river flowing through the 
 country of the O^Gearneys, or O^Kearneys. A chapel 
 and vicarial house of the Dominicans stood here in 
 former days, but no traces linger now. Though the 
 village is well situated, it does not show any signs of 
 present prosperity. Some years ago, when Colonel 
 Vandeleur contested the county of Clare on Conserva- 
 
I 
 
 220 
 
 The Munster Circuit, 
 
 tive principles with the Liberal candidates^ a melan- 
 choly collision took place here between some men 
 conducting Colonel Vandeleur^s voters to the Court- 
 house to poll with the country people. The military 
 was ordered to load with ball^ and fired among the 
 people^ and several lives were lost. A varied line of 
 country brought us to a broad lake reposing beneath a 
 ridge of mountains j and from its brinks boldly situated 
 upon a lofty rock^ rose^ massive and strongs the tower 
 called Creggan. 
 
 A few years ago this ancient specimen of a chief- 
 taints stronghold was a mouldering ruin ; sheep 
 roamed at will from postern to bastion, the mountain 
 goat cropped the ivy that clustered on its walls, or the 
 grass that grew over the empty moat; but its 
 picturesque site and capabilities attracted the notice 
 of an English clergyman, the Rev. John Harvey 
 Ashworth, and, by the expenditure of a very con- 
 siderable sum of money, and an equal amount of archi- 
 tectural skill, he has converted this fast-tumbling ruin 
 into a strong tower, likely to form for ages a comfort- 
 able dwelling. My host and I scambled along the 
 rough valley, watered by the lake, over which stands 
 the rock, crowned by the tall tower. The castle, 
 almost inaccessible, was surrounded on three sides by 
 the lake, and then defended by a moat, now dry. 
 There was no tower or outwork that I could trace, and 
 on gaining entrance we found ourselves in a good- 
 sized hall, fitted up with a modern kitchen range and 
 other appliances for cooking, of which the O^Briens or 
 McNamaras of former days had no experience. Instead 
 of the spiral steps of stone leading to the rooms over- 
 
The Mtmster Circuit, 
 
 221 
 
 head^ we mounted wooden steps^ and soon beheld a 
 goodly apartment^ wainscoted with oak richly carved ; 
 bay windows of plate-glass afforded excellent light and 
 extensive views of the surrounding district. Yet 
 higher^ we visited smaller chambers, evidently intended 
 for bedrooms, but the good taste which regulated the 
 rooms below did not soar so high. Common bedroom 
 paper, of poor design, formed a strong contrast to 
 ancient doors and stone casements. We climbed to 
 the roof, and here my host pointed out the Broadfoot 
 Hills, the castles of Dangan, Kilkishan, Knappogue, 
 and the beautiful ruin we lately visited, Quin Abbey. 
 
 Creggan Tower formerly belonged to the celebrated 
 associate of O^Connell, Tom Steele. His mansion, 
 Cullane, lay in the valley beneath; but this accom- 
 plished and very eccentric individual preferred to 
 occupy the solitary tower, even before its present 
 renovation, to his more comfortable house. He medi- 
 tated restoring Creggan, but his eager desire for poli- 
 tical notoriety caused him to abandon house and land, 
 and to devote all the energies of his ardent nature to 
 advance the cause of what he deemed nationality. This 
 left the restoration of Creggan Tower to an English 
 clergyman, whose taste and judgment is most credit- 
 able. How I wish other ruins in Clare and other 
 counties in Ireland fell into equally competent hands 
 desiring their restoration. 
 
 Our road was next over a rich and well- cultivated 
 country ; but not far off were the wild and rugged hills 
 separating Clare from Galway, and the Shannon flowed 
 along lovely banks, fed by many tributaries. Some 
 were rapid mountain streams, tumbling over beds of 
 
222 
 
 The Mimster Circuit, 
 
 rock^ overhung with waving trees, the leaves golden 
 with autumnal tints. A venerable house^ called 
 Atterbury Lodge^ was pointed out as we drove by. 
 Its pointed gables and casemented windows, mantled 
 with ivy, gave it an appearance strikingly picturesque. 
 The name also indicated it owed its erection to other 
 than Irish taste. I asked how it gained the name of 
 the celebrated Bishop of Rochester, and my erudite 
 host said, After the Bill of Pains and Penalties had 
 been passed against the Bishop, in 1723, he was 
 sentenced by the Lords to be deprived of all his 
 offices, banished the realm, and sentenced to death in 
 case of return. He went to France, accompanied by 
 his daughter. While in France, Miss Atterbury was 
 married to the Rev. Mr. Morice, who had been a fellow- 
 student at Oxford with William, third Earl of Thomond. 
 This nobleman told his friend, the Rev. Mr. Morice, 
 that he (Lord Thomond) had the right of presentation 
 to several benefices in Thomond, and if Mr. Morice 
 would accept half a dozen livings in Ireland he was 
 quite welcome to them. This liberal ofi'er was promptly 
 accepted. The Rev. Mr. Morice became rector of a 
 union of parishes in the vicinity of Six-Mile Bridgfe, 
 county Clare ; and he built this quaint and picturesque 
 house, which he called Atterbury Lodge, after his 
 distinguished father-in-law."^' It is at present on the 
 property of my host. 
 
 Not far from this ancient edifice stands another, 
 also belonging to my friend, and called The Lodge,^^ 
 having formerly been a lodge or hunting-dwelling of 
 the lords of Thomond. This also claimed my notice. 
 It is a prettily-situated, convenient mansion, with well- 
 
The Munster Ciraiit. 
 
 223 
 
 arranged rooms; but my friend^s wife declined to 
 occupy it^ from the melancholy associations connected 
 with its site. Clare^ as well as its proximate county 
 of Galway^ was remarkable in the days when duelling 
 was a common mode of settling all differences between 
 gentlemen^ for the number of its so-called affairs of 
 honour. In Ireland^ sixty years ago^ no gentleman 
 could take his proper place in the society of that day 
 who had not smelt powder/^ and the lawn of the 
 lodge was a favourite place for such meetings. The 
 occupant in the early part of the present century was 
 Mr Samuel Spaight^ sub-sheriff of the county Clare. 
 A friend of his, Mr. Bridgeman, with several others, 
 dined with him. After dinner one day, when the 
 punch was circulating, a servant told Mr. Bridgeman 
 
 he was wanted outside.''^ At the hall door Mr. 
 Bridgeman saw his herdsman, who told him a 
 number of his cattle were sent to the pound for tres- 
 pass, by orders of Mr. Spaight.^^ Bridgeman, incensed 
 at this proceeding, returned to the dining-room. 
 
 Sam,^^ said he, are you aware my cattle have been 
 sent to pound ? Quite aware of it. I told my 
 steward not to allow any man^s cattle to trespass on 
 my property,^^ replied Mr. Spaight. Then you and 
 
 your property be ! cried the enraged owner of 
 
 the impounded beasts. If I was not in my own 
 house, and you one of my guests, Fd pound you/^ 
 cried the master of the mansion. Don^t let your 
 fastidiousness stop you, my tight fellow/^ replied Mr. 
 Bridgeman. " If you^re willing to go out, Fm at your 
 service,"" said Mr. Spaight, rising from the table. I 
 beg your pardon, gentlemen, for leaving you for a 
 
224 
 
 The Miinster Circuit. 
 
 short time. Here^ Mr. Bridgeman, are two brace 
 of pistols^ ready for use. Take your choice. Con 
 McNamara will be my second, and I dare say Mick 
 Malony will act for you.^^ Both gentlemen nodded 
 acquiescence, and the quartette left the room. The 
 moon shone clear as a noonday sun, and twelve paces 
 of the ground were measured near the Lodge. The 
 principals were placed, and the word Fire caused 
 both pistols to explode. Mr. Spaight missed, but Mr. 
 Bridgeman left his host quivering on the daisies. He 
 received a ball in the seat of honour that lamed him 
 for life. 
 
 A still more fatal encounter took place later, when a 
 Mr. Howard fought Mr. Foley, and shot him dead. 
 These incidents made such an impression on the lady^s 
 mind, she could not be induced to occupy a dwelling 
 to which such memories were attached. 
 
 A few miles nearer to Limerick is Bunratty, on the 
 bank of the river Eatty, a tributary of the Shannon. 
 This regal keep, for centuries, was the chosen seat of 
 the kings of Thomond. It is impossible to look upon 
 its lofty towers, and sturdy battlements, soaring high 
 above the surrounding woods, without being impressed 
 with its feudal grandeur. The night was closing 
 round as we mounted the steps leading into the vaulted 
 hall, and ascended to the spacious chambers where the 
 O^Briens of Thomond ruled in days of yore. When 
 the Anglo-Norman invaders came to Ireland this was 
 the site of the palace of Donald O^Brien, King of 
 Thomond, and here monarch after monarch lived and 
 died, until, in a.d. 1276, Edward I. made a grant of the 
 barony of Bunratty to Thomas de Clare, who built the 
 
The Muuster Circuit. 225 
 
 castle and strongly fortified it. He had need to do so. 
 The storm of battle speedily raged around Bunratty. 
 The O^Briens rose in their mighty and defeated the 
 Anglo-Normans. They were pursued to the very 
 towers of Bunratty^ and forced to seek shelter within 
 the walls of the fortress. Seldom a year then passed 
 without fierce wars desolating the district^ and history 
 states that in 1322 the castle was taken and razed to 
 the ground by the O^Briens of Thomond. It was again 
 rebuilt by Con M^Shuda M^Namara. It soon again 
 was held by the O'Briens^ for it was in the heart of 
 their kingdom^ and remained in their possession until 
 the reign of Elizabeth. In the year 1588 the army of 
 the Earl of Essex, Elizabeth's unfortunate viceroy, be- 
 sieged it. He took it by storm from Sir Donal O^Brien^ 
 whom he proclaimed a traitor. The castle was next 
 given to one of the race of O^Brien, who did homage 
 to England's Queen, and became Earl of Thomond. 
 During the wars between Cromwell and the Con- 
 federated Catholics, Bunratty was stoutly contended 
 for. It was captured by the Earl of Inchiquin, though 
 bravely held by the troops of the Commonwealth ; re- 
 taken by Lord Forbes, by means of a fleet sailing on 
 the Shannon, when, according to Ludlow's Memoirs,'^ 
 no less than two thousand pounds sterling were found 
 buried in the walls, and as many as sixty horses were 
 in the stables. A garrison of considerable strength, 
 left here by Cromwell, was not able to resist the attack 
 of the Irish under Lord Muskerry, to whom it capitu- 
 lated on honourable terms after a siege of six weeks. 
 Having sufficient light to survey the interior, we passed 
 through the various rooms, which, until lately, were 
 
 Q 
 
226 Tlie Munster Circtnt. 
 
 occupied by the present possessor, Mr. Studdert^s 
 family. Traces of rich decorations remain, and the 
 chapel, in one of the square towers, must have been 
 especially beautiful. 
 
 As I stood upon the roof, and looked forth upon the 
 ancient defences beneath, my thoughts reverted to 
 those times when mailed chieftain and half-naked 
 kerne contended for mastery in these halls, and the 
 shout of St. George^^ was answered by the Lawh 
 Jaider eniicrdhitr^' ^ of the O^Briens. Happily these 
 days are over, and the ancient fortalice, once the seat 
 of Thomond\s kings, now shelters in one of its towers 
 a few policemen of the Royal Irish Constabulary. 
 
 A short drive brought our carriage from Bunratty 
 Castle to Ballymorris, the seat of my hospitable friends. 
 Here the scenery is very fine; in front rolls the mighty 
 Shannon, bearing numbers of white-sailed ships on 
 their voyage, while the distant hills of the county of 
 Limerick, the wooded slopes of Carrig-a-Gunnell, the 
 ivy -mantled ruins of many a once strong castle, diversify 
 the scene. 
 
 Having enjoyed the cordial greeting of my accom- 
 plished friends, I left them for Limerick. The old 
 castle of Cratloe is on the route, and the historic city 
 presents a very striking appearance. But Limerick 
 demands a fresh chapter. 
 
 1 " The strong hand uppermost," the motto of the O'Briens. 
 
The Mtiiister Circuit, 
 
 227 
 
 CHAPTER XVI. 
 
 Limerick. — A Witty Waiter. — Latin Version of Garryowen. — 
 The Gardens of Sweet Billy Garr. — Chief Baron 0' Grady. — 
 Hon. Judge O'Brien. — Right Hon. Judge Barry. — Harry 
 Deane Grady. — The Cathedral. — How to check a fervid 
 Preacher. — The Bellfounder. 
 
 The situation of Limerick is very striking. On every 
 side ranges of lofty mountains rise to shelter it^ and the 
 fertile district called the Golden Vein dips into the 
 hills. The broad bosom of the lordly Shannon displays 
 a series of lakes as it rolls on its way to the sea. It 
 spreads into a noble estuary some miles below the city. 
 Then the city itself, with its historic castles, its famed 
 walls, its ancient town, with its quaint old streets of 
 gabled houses, built after the style so common in the 
 old Flemish towns, the new portion of the city present- 
 ing so great a contrast to the old in its regular streets, 
 its fine public buildings, its banks, churches, theatre, 
 institutions, all excite the interest, the curiosity, and the 
 admiration of the visitor. 
 
 As I have no intention of entering into competition 
 with my able and worthy friend, Mr. Lenihan, in 
 writing a History of Limerick, I shall content myself 
 with noticing sucli features as fairly come within my 
 province as the writer of the Munster Circuit. 
 
 The old Head Inn of Limerick was in Cornwallis 
 Street. I presume it was here the Bar Mess was held 
 
 Q 2 
 
228 
 
 The Minister Circuit. 
 
 in ancient days. Mrs. Siddons^ and other eminent 
 actresses and actors, took up their abode here ; the 
 first coach, the Fly/^ started thence on its four-day 
 journey to the Irish metropolis. While I went circuit 
 we frequented Swinburn^s Hotel. This hostelry was a 
 large, rambling house, wherein we were occasionally 
 not over-well served. I remember once our attention 
 being attracted by a venerable dish of pastry, from 
 which the down was appearing like an incipient mous- 
 tache. One of the Bar, I think the present Judge 
 FitzGerald, inquired of one of the waiters, How often 
 has that dish been placed upon the Bar Mess table ? ^' 
 The Garryowen boy^s face puckered with a smile as he 
 replied, Why, then, counsellor, ^pon my conscience I 
 can^t say, for I was not here at the last Assizes The 
 dinners, however, were, as a rule, well served, and the 
 famous Limerick salmon sure to be a popular dish. The 
 judges were well lodged, and I can speak of their table 
 being always well supplied. 
 
 At Limerick, until 1809, it was customary for the 
 judges to be borne in sedan chairs, fully robed, from 
 their lodging to the court-house. Should any of my 
 readers be so juvenile as to have no idea what was the 
 shape of a sedan chair, I may briefly say it was a capa- 
 cious box, having inside a comfortable seat, with a door 
 in front, about four feet high. It was lighted by a 
 glass window. These chairs were covered with leather, 
 and carried by two men — one in front and one behind — 
 who sustained the chair and their fare by long poles. 
 The chairmen moved at a pace of about four . miles an 
 hour. They are now quite obsolete. 
 
 The County Court-house was built in 1732. An 
 
The Munster Circuit, 
 
 229 
 
 arched way led to a lane in St. Frances^ Abbey, the site 
 of the court-house. In 1750 a high gaol was built in 
 the middle of Mary Street ; the lower dungeons were 
 placed in the basement ; these, necessarily, were gloomy 
 and unclean. Not only felons, but debtors and poli- 
 tical prisoners, were condemned to these dismal cells. 
 
 Limerick has been famous for her gardens. Who 
 has not heard of Garryowen ? Here, in this Limerick 
 Vauxhall, originated the acquaintance which culminated 
 in one of the most foul murders ever disclosed during 
 the trial of the perpetrators, as we shall see in due 
 time. At present we wish to call the attention of our 
 classical readers to a Latin version of the popular song 
 of Garryowen, with its well-known chorus : — 
 
 " Instead of Spa we'll drink brown ale, 
 And pay the reckoning on the nail — 
 No man for debt shall go to jail, 
 From Garryowen in glory." 
 
 The nail was a stone pillar, set up in the Exchange, 
 whereon debtors were wont to discharge their liabi- 
 lities. The air to which the popular words were 
 adapted is usually played after the Irish n^ational tune 
 of St. Patrick''s Day. 
 
 The following was composed by Mr. T. Stanley 
 Tracey, A.B., a scholar of Trinity, and is, I am sure, 
 new to our readers. It was, I understand, quite extern-* 
 poraneous, and not retouched : — 
 
 Cabmen Gauryowenienses. 
 *' Baccheidae impavidi, 
 Adsitis compotanti mi ! 
 Ut decet vos fortissimi, 
 
 Ad pulchre concinendum. 
 
230 The Minister Circuit. 
 
 Chorus — Cervisiam fuscam pro aqua bibamus 
 Symbolam promptam illico damns, 
 Absit ut nexi in vincla eamns 
 Ex Garryowen insigni ! 
 
 " Juvenes sumus qui talia curent, 
 
 Frangere lychnos clum splendidurant 
 Et Limericenses plateis 3 u rant 
 Kos cunctos depugnare ! 
 
 " Fenestris domorum et foris caesis, 
 Et ternis quaternis vigilibus la3sis, 
 Signa inspiciat medicus necis, 
 Et illinantur vulnera ! 
 
 " Ludentes pulsabimus omnem lictorem, 
 Prsetorem urbannm et genus horum — 
 Nequis efflagitares debitorem 
 In Garryowen insigni. 
 
 " Virtus nostra f amam quasrit 
 Unde venimus nemo liaeret 
 Quam nomine tuum terrotem ferat, 
 Garryowen insignis ! 
 
 *' Johannes O'Connell procerus et fortis 
 Cujusvis oneris sudibus tortis, 
 Ex Garryowen ad Thomondi portas 
 Projiciet insignis ! 
 
 " Sed Garryowen sublabi sivit, 
 Ex quo Johannes Corkagian ivit, — 
 Et Harry O'Brien vinclis salivit. 
 Coram Judici et Juratores." 
 
 It was not merely upon Owen^s Garden Limerick 
 rested her horticultural fame. Koche^s Hanging 
 Garden/^ and those of Mr. William Carr^ also were 
 celebrated. Mr. Francis Wheeler, father of Lady 
 
The Mtmster Circuit. 
 
 231 
 
 Bulwer Lytton, wrote some verses on these last-named 
 gardens in 1809, which I quote here : — 
 
 " You may travel the nation all over, 
 From Dublin to sweet Mullingar, 
 And a garden you will not discover 
 Like the garden of sweet Billy Carr. 
 
 " 'Tis there that the tall trees were planted. 
 In the days of the old Tommy Parr ; 
 And the soft-winding Shannon is flowing 
 Round the garden of sweet Billy Carr. 
 
 " 'Tis there the big praties are growing, 
 Enough to supply all Dunbar, 
 Where the soft-winding Shannon is flowing 
 Round the garden of sweet Billy Carr. 
 
 " His sisters, like sweet pretty posies. 
 More beauteous than roses by far, 
 They bloom like carnations and roses, 
 In the garden of sweet Billy Carr. 
 
 " Oh may they be happily married 
 To a mayor, and a lawyer, and tar ; 
 How blest will they be when they're wed 
 With the sisters of sweet Billy Carr. 
 
 Now if you've a mind to live frisky, 
 And trouble and grief you would mar, 
 I'd advise you to go and drink whisky 
 Along with the sweet Billy Carr. 
 
 " In a room, sir, he keeps a big bottle. 
 Without either crack, flaw, or star. 
 Which is often applied to the throttle 
 Of that thirsty^gay soul, Billy Carr." 
 
 But we must turn to more serious subjects than the 
 Limerick gardens^ in which we have disported with the 
 
232 
 
 The Mitnster Ciracit. 
 
 local bards. I desire to preserve in our history tlie 
 memories of some distinguished natives of Limerick 
 who have been members of the Munster Circuit. 
 
 Chief Baron O^Grady was born at Mount Prospect, 
 in the county of Limerick^ on the 20th January, 1767. 
 His family possessed considerable property in the 
 county, and, as the young O^Grady displayed great 
 talents, it was decided he was fit for the Bar. He 
 became a student also of Trinity College, Dublin, where 
 his career was highly successful. 
 
 Having been called to the Bar, his legal acquire- 
 ments soon obtained him lucrative practice. He 
 selected the Munster Circuit, where his extensive con- 
 nexions backed him with their influence ; but his 
 legal knowledge put him soon in the front rank of the 
 Bar. 
 
 He succeeded the Eight Hon. John Stewart as 
 Attorney- General on the 8th of June, 1802. The mad 
 attempt to renew the rebellion of the year 1798, made 
 by the enthusiast Robert Emmet, afforded the Attorney - 
 General ample employment in the year 1803. He pro- 
 secuted the chiefs of that terrible emeitte, in which the 
 humane Lord Kilwarden, Chief Justice of the King^s 
 Bench, lost his life. Mr. O^Grady became Chief Baron 
 of the Exchequer, in the room of Lord Avonmore, on 
 October 19th, 1805. For the period of twenty-seven 
 years Chief Baron 0^ Grady presided on the Exchequer 
 Bench, then having both an equitable as well as legal 
 jurisdiction. He was a great wit, possessed dry, 
 caustic humour, great knowledge of human nature, 
 and a sarcastic turn of mind. Some anecdotes display 
 this. 
 
The Miinster Circuit. 
 
 233 
 
 An action on a bill of exchange^ in wliich a coach 
 maker was plaintiflF, and a young officer defendant^ was 
 tried in Limerick before Chief Baron O^Grady. The 
 bill was given by the defendant^ and drawn for twelve 
 months. Having reached maturity^ and remaining 
 unpaid^ the coachmaker brought his action. The 
 defence was, no consideration. The defendant clearly 
 proved that the gig, which was sold to him as a new 
 vehicle, was, on the contrary, an old, vamped-up con- 
 veyance, made to sell, the rotten wood covered with 
 putty, painted and varnished, and so dilapidated it 
 broke down in a week. The case having closed, the 
 Chief Baron, in his richest brogue and comic humour, 
 told the jury the bill had twelve months to run, but the 
 gig had only one week to run, and, therefore, the jury 
 could have no difficulty in finding their verdict accord- 
 ingly. The defendant left court triumphant, and the 
 coachmaker got back his dilapidated gig. 
 
 When trying a number of juvenile offenders, who 
 had made a raid on a provision-shop, one having se- 
 cured a couple of fowls, another a ham, and the third a 
 loin of mutton, the Chief Baron observed to the jury. 
 
 The evidence shows the boys intended to have a 
 picnic.'^ 
 
 A young barrister, who attempted to address the 
 jury in defending a prisoner, was so nervous he could 
 
 only repeat, My unfortunate client, gentlemen 
 
 My Lord, in this case, my unfortunate cHent 
 
 Finding the counsel unable to get on, the Chief Baron 
 dryly observed, Go on, sir ; so far, the Court is with 
 you.'^^ This quite extinguished the orator. 
 
 Few who were acquainted with Chief Baron O^Grady 
 
234 
 
 The Mtinster Cirant. 
 
 were aware lie possessed poetical talent. I subjoin a 
 few lines from an unpublished poem^ composed by 
 him : — 
 
 " When future bards shall sing of life, 
 Its loves, its cares, and all its strife. 
 The grace and moral of the song 
 Shall to their checker'd fate belong 
 Whose wayward fortune will supply 
 The brightest tint and deepest dye ; 
 These soldiers yet unborn in pride shall raise, 
 Relate their triumphs and renew their praise." 
 
 It is said Chief Baron 0^ Grady was the first to 
 suspect that Mr. Leonard M^Nally, who, with Curran, 
 chiefly defended the United Irishmen, was not as 
 earnest in his defences as his high-minded and accom- 
 plished leader. It appears that M^Nally was actually 
 for years in the pay of the Government. In a case 
 where M^Nally wished to offer some observations to the 
 Court, the Chief Baron said very significantly, It 
 would be better for your clients that you held your 
 tongue. 
 
 In January, 1831, Chief Baron O^Grady retired from 
 the Bench. Shortly after this he was created Viscount 
 Guillamore. In the month of June, of that year, while 
 residing in Stephen^s Green, Dublin, he had a paralytic 
 attack, which afi*ected his speech and hand. He was, 
 however, it was said, not very much influenced other- 
 wise, for on the day it took place he was able to walk 
 from his bed-chamber on the second story of his lofty 
 house to his study on the ground floor, when he opened 
 his bureau, and took a sum of money from it to give 
 
The Mtinster Ciraiit, 
 
 235 
 
 Surgeon Collis — who attended him — his fee^ and pay- 
 household expenses. He attended to his private affairs 
 as usual^ and^ on the 1st of August^ left Dublin for his 
 country-seat^ Rockbarton^ near Limerick. 
 
 During the remainder of his life he was debarred 
 from any prolonged conversation, and could not write 
 more than a word or two on a slate. To enable him to 
 enjoy conversing with his family and friends^ he had 
 recourse to pocket vocabularies, in which were arranged 
 alphabetically the words most constantly occurring in 
 his daily intercourse. Then he referred to dictionaries 
 to supply his meaning on more difficult subjects. He 
 could use a slate to write a word or figures, and his 
 family soon understood his looks or gestures. He visited 
 Dublin occasionally, and on one of these visits was 
 called on by his old friend the late Chief Justice Bushe. 
 This was in July, 1836, and though the ex-Chief Baron 
 was obliged to support his share of the conversation by 
 means of the vocabulary, slate, and pencil, they were 
 able to hold a conversation about old times, mutual 
 friends, and to discuss the changes which had since 
 taken place in the Four Courts. This lasted for about 
 an hour. 
 
 It was about this time the will, which afterwards 
 formed the subject of legal controversy, was prepared 
 and executed by Lord Guillamore. 
 
 It appears that when his lordship^s son, the Hon. 
 Waller O^Grady, was at Rockbarton in March, 1836, 
 his father informed him of his wish to have a new will 
 prepared. By way of instructions for this proposed 
 w^ll, he pointed out to his son the alterations he wished 
 to have introduced into a former w^ill, also prepared by 
 
236 
 
 The Mitnster Circuit. 
 
 Mr. Waller 0^ Grady under Ms father^s directions^ snb* 
 sequent to his illness in 1831. His lordship previously- 
 executed a will in 1819^ but the state of his family^ and 
 position^ was totally changed in the interval j thus a 
 new will becoming requisite^ he resolved to express 
 more carefully than in the former ones his testamentary 
 dispositions as to every part of his property. 
 
 The draft will was accordingly prepared^ executed as 
 a will^ and^ on Lord Guillamore repairing to Dublin^ 
 this draft was laid before Mr. Serjeant Greene, then 
 Solicitor- General for Ireland. Having perused and 
 approved of the draft will, it was returned to Mr. 
 Bagnall, Lord Guillamore^s attorney, for engrossment. 
 Having been engrossed, on the 2nd July, it was exe- 
 cuted by Lord Guillamore and witnessed by Mr. Serjeant 
 Greene, Mr. Carew Smyth, the Recorder of Limerick, 
 and Mr. Bagnall. The will left about 10,000Z. a year 
 to his eldest son for life, about 400Z. a year to each of 
 his younger sons, lOOOi. a year to his widow, and 
 several legacies. 
 
 On the accession of Her Majesty, in 1837, the veteran 
 peer attended a Privy Council at Dublin Castle, and 
 took the usual oaths on the Queen^s accession. He 
 seems to have been very clear in his intellects with 
 respect to money-matters. In 1838 an action was 
 brought against him by one of his brothers, Carew 
 O'Grady, who had been his registrar when he was 
 Chief Baron, and he supplied the requisites for defend- 
 ing the action so successfully as to nonsuit the plaintiff. 
 In the next year, not approving of the manner in which 
 another of his brothers, Mr. Darby O^Grady, applied 
 the rents of his estates, he removed him from the agency. 
 
The Munster Circuit. 
 
 237 
 
 and, by power of attorney, appointed one of his sons, 
 the Hon. John O^Grady, agent in his place. 
 
 Lord Guillamore^s health had grown very infirm for 
 some time previous to his death, which took place at 
 Rockbarton, county of Limerick, on the 20th April, 
 1840. All the members of his family then in Ireland 
 attended the funeral, and, on their return to Rockbarton 
 House, the will of the deceased nobleman was found in 
 a leather writing-case, in which he had been accustomed 
 to keep valuable papers. It was then read aloud, and 
 handed to the Hon. Waller O^Grady, who had been 
 appointed executor. The will was proved on the 16th 
 of May, 1 840, and a suit was shortly afterwards insti- 
 tuted by the eldest son and heir-at-law of the deceased 
 peer against the executor, for the purpose of having 
 the probate which had been obtained by him in common 
 form revoked, and administration granted to the eldest 
 son of the personal effects of the deceased, as of a 
 person dying intestate. This suit was tried before the 
 Right Hon. Richard Keatinge, Judge of the Court of 
 Prerogative in Ireland, on the 24th and 26th of Feb- 
 ruary, 1844, and his judgment established the efficacy 
 and validity of the will of the late lord, dated 2nd July, 
 1836. It was subsequently brought for trial in Lime- 
 rick at the Assizes, when the jury found against the 
 will, thus entitling the eldest son to the family estates 
 as heir-at-law, and not as devisee. 
 
 Of those members of the Munster Bar who have 
 gained the otium cum dignitate of the Bench, is one, 
 born in the city of Limerick, who is associated with my 
 early days — Judge O'Brien. His parents and mine 
 were old and attached friends; and when he was a 
 
238 
 
 The Minister Circuit, 
 
 pupil of the Rev. Dr. Hinks^s school^ at Fermoy^ was 
 accustomed to spend his Sundays and holidays at my 
 father^s. He was then very intelligent^ and a great 
 favourite with us all. 
 
 When the Rev. Dr. Hinks exchanged the Fermoy 
 school for the Belfast Institution, I lost sight of my 
 playfellow, but was duly informed of his brilliant career 
 in Trinity College. Amongst other honours, he was a 
 gold medallist in 1825. Having selected the Bar as 
 his future profession, Mr. O^Brien, whilst a student in 
 London, attended the chambers of the eminent equity 
 barrister, afterwards Master in Chancery, Andrew H. 
 Lynch. Here he was associated with other L^sh law 
 students, many of whom rose to great eminence. In 
 these chambers Mr. O^Brien became acquainted with 
 equity drafting and conveyancing, two branches of the 
 great legal tree in which he greatly distinguished 
 himself. Having completed his terms, he was called to 
 the Bar in Easter Term, 1830, and soon became a 
 member of the Munster Circuit. His eldest brother, 
 John O^Brien, of Elm Vale, had married Miss Murphy, 
 of Cork ; his second brother, Peter, Miss Sheil, sister 
 of the Right Hon. Richard Lalor Sheil; and his 
 numerous connexions throughout Clare and Limerick 
 afforded the young barrister the opportunity of dis- 
 playing his great professional knowledge. Connected 
 by close family ties with the eminent Clare solicitor, 
 Mr. Cornelius O^Brien, M.P., and acting as counsel to 
 Mr. Richard Scott, another well-known Clare attorney, 
 Mr. O^Brien soon was in great and lucrative practice. 
 He pOsse^ed indefatigable industry, ready appre- 
 hension of the bearings of the cases entrusted to him. 
 
The Mimster Circuit, 
 
 239 
 
 and the clearness and soundness of his views caused 
 him to be in high repute as a chamber counsel. While 
 at the outer Bar^ he was in great request for the 
 Masters^ offices ; and when he was named one of Her 
 Majesty^s Counsel, in 1S41, he obtained leading 
 business in the Pour Courts, and on circuit. He was 
 no orator, and his addresses to juries were never 
 remarkable for beauty of composition, or grace of 
 delivery, but they were clear statements of facts and 
 apt expositions of the law bearing on each case. On the 
 death of Serjeant Warren, in 1848, the Government 
 conferred the vacant coif on Mr. O^Brien j and, while 
 Serjeant, he was selected to go circuit in a judicial 
 capacity. The manner in which he discharged the 
 important duties thus entrusted to his care evinced his 
 fitness for the Bench, and in 1858, on the lamented 
 death of the Eight Hon. Judge Moore, Mr. Serjeant 
 O^Brien succeeded him as one of the Judges of the 
 Queen^s Bench. 
 
 As his elevation to the Bench necessarily caused him 
 to cease representing his native city in the House of 
 Commons, the citizens of Limerick deemed this a 
 fitting occasion for presenting Judge O^Brien with the 
 following address : — 
 
 Sir, — We cannot permit the political connexion 
 which subsisted for so many years between the ancient 
 city of Limerick and yourself, reflecting credit upon 
 both, to terminate without giving expression to our 
 sentiments of regret, and gratification at the event. 
 
 ^^We lament the loss of a representative of your 
 fellow-citizens in the House of Commons, whilst we 
 rejoice that the administration of justice has been con- 
 
240 
 
 The Miinstcr Circuit, 
 
 fided to so competent and upright a member of your 
 learned profession, assuring the Queen^s subjects of a 
 trustworthy guardian of their lives, their liberties, and 
 their properties. 
 
 To many who have known you from your early 
 youth, and observed your career to your present posi- 
 tion, it appears that your example should afford a moral 
 lesson to the rising generation, encouraging pains- 
 taking toil, exemplary private and consistent public 
 conduct. 
 
 *^ Hoping you may long be spared to your country, 
 your family, and your friends, we beg leave to offer you 
 our hearty congratulations on your elevation to a judge- 
 ship in the Court of Queen^s Bench/^ 
 
 Signed by men of all creeds. 
 
 In reply to this well-merited tribute. Judge O^Brien 
 wrote : — 
 
 "It would indeed be presumptuous of me to think 
 that I deserved the flattering terms in which you refer 
 to my past career. They are to be ascribed far more 
 to your over-partial kindness than any merits of mine. 
 But, though undeserving of them, it shall be my 
 anxious effort to justify, in some degree, your wishes 
 and expectations for the future. The hope of doing so 
 will be an honourable, and, at the same time, a power- 
 ful incentive to exertion and perseverance.^^ 
 
 During the many years which have since elapsed, 
 Judge O^Brien has fully sustained the hopes and expec- 
 tations of the Limerick address. 
 
 The Right Hon. Judge Barry is another of the natives 
 of Limerick who earned renown in the legal profession. 
 His father practised as a solicitor, and finding the tastes 
 
The Mtmster Circuit, 
 
 241 
 
 of his son aspired to the Bar^ bad him entered as a law 
 student. In due course he was called to the Bar^ and 
 selected the Munster Circuit. Here his gentlemanly 
 manners, playful disposition, and social qualities soon 
 rendered him popular with the Bar, while his great 
 ability in his profession earned him the confidence of 
 that sharp-seeing class, the attorneys. He soon obtained 
 considerable practice, and, while law adviser at the 
 Castle, was very zealous in the discharge of his duty to 
 the Government. He became unpopular with those 
 who sympathized with the Fenian movement, and 
 having represented Dun gar van in the House of Com- 
 mons, on the writs issuing for a new election, found 
 no chance of again regaining his seat. He became 
 Solicitor -General, while the Right Hon. Edward 
 Sullivan was Attorney- General for Ireland, and when 
 that very eminent lawyer was appointed Master of the 
 EoUs, on the untimely death of the Right Hon. John E. 
 Walsh, in 1869, Mr. Barry became Attorney-General. 
 He continued in office until the death of Judge Hayes, 
 when he took his seat upon the Queen^s Bench. 
 
 The celebrated Harry Deane Grady was of the Lime- 
 rick ' Grady s, and represented Limerick in the Irish 
 Parliament. His colleague was Colonel Vereker, who 
 was a stanch anti-Unionist, while Harry Deane Grady 
 supported it. He was taken pretty roundly to task 
 for this, and accused of having sold his country. He 
 replied, ^' It was a devilish lucky thing for him and his 
 family that he had a country to sell.^^ ^ 
 
 Of course every visitor to Limerick finds time to visit 
 
 ^ In reward for his vote he was made Counsel to the Eevenue, 
 with a salary of 1200^. a year. 
 
 B 
 
242 
 
 The Mimster Circuit, 
 
 the ancient cathedral, its time-honoured towers having 
 traces of its having survived the shocks of v^^ar. During 
 the sieges of Ireton and De Genkel, it was a mark foi* 
 the artillery of the invaders, though it is said the latter 
 general desired it should be spared, presenting such an 
 ornament to the city. It served as a store for the gar- 
 rison, where they placed their provisions, and appear, 
 thoughtlessly, to have invited the enemy^s guns, by 
 causing cannon to be directed from its towers against 
 the besiegers.^ 
 
 In this ancient cathedral many monuments of great 
 interest are placed. Time, and the ruthless hands of 
 Ireton's troopers, have dealt hardly with many, but 
 others are in perfect preservation, and the love for 
 everything elevating human life in this world, or dis- 
 posing it for a better in the world to come, which has 
 pre-eminently distinguished the learned and accom- 
 plished Charles Graves, D.D., Lord Bishop of Lime- 
 rick, my valued and respected friend, is a guarantee 
 that every memorial of the past shall be carefully pro- 
 tected. 
 
 Many eminent preachers have awakened the hearts 
 of the congregation to the fleeting nature of this life. 
 Among the most celebrated was Dean Kirwan, son of 
 the more distinguished Rev. Walter Blake Kirwan, 
 who died in 1805. When first ordained, the Dean^a 
 talent for elocution was aided by instruction from John 
 Kemble, the great tragedian, and the clergyman^s style 
 was regarded as quite theatrical. Like Sydney Smith, 
 he used to strike the pulpit-cushion with such energy 
 
 * Leniham's " History of Limerick,'' p. 260. 
 
The Miinster Cirmit, 
 
 243 
 
 as to raise a cloud of dust^ enough to hide him from 
 the congregation. This could not be allowed to con- 
 tinue, so one Sunday the Bishop, Dr. Jebb, invited him 
 to lunch after preaching, resolved to give him a quiet 
 hint. 
 
 My dear young friend," said his lordship, ^^you 
 are determined to save the sexton all trouble in dusting 
 the pulpit-cushion, you beat it with such sweeping 
 energy ; and I am told Lady Palmer, who sat beneath 
 you, was in a perfect agony, finding her new satin 
 bonnet quite soiled, such clouds of dust fell on it.'^ 
 
 The hint was not lost — the energy was toned down 
 in future. 
 
 The Dean was unsparing in his efforts to moderate 
 the love of the Limerick belles for dancing and ball- 
 going. It is said he went to greater lengths than were 
 necessary. On one occasion he gave special offence to 
 the ladies present by the startling strength of his lan- 
 guage, in which he reprobated their mode of dressing 
 for the ball-room. Many left the church, and others, 
 who remained, blushed as bright a red as the uniforms 
 of the military gentlemen, whom, in unmeasured terms, 
 he denounced.' of the Limerick belles, I con- 
 
 clude my notice of the attractions of the city by relating 
 an anecdote of its bells." They are said to have been 
 cast by an Italian for a convent close by his home, in 
 the sunny land of his birth. In the wars between the 
 Italians and Spaniards, the bellfounder had the misfor- 
 tune to lose his sons, who joined the army of Italy, and, 
 having no other children, enjoyed, as the solace of his 
 
 3 " Ireland before the Union," by Fitzpatrick, p. 243. 
 
 R 2 
 
244 
 
 Th9 Munster Circuit, 
 
 woes, the sweet tones of his bells. During a prolonged 
 absence from his native village, the convent had been 
 plundered and despoiled of its bells. This severed the 
 tie which bound the old man to his home beneath the 
 Appenines. He resolved to search the wide world 
 over in hopes of hearing their sound once again. I 
 tell what chanced in the graceful lines of Denis Florence 
 McCarthy :— 
 
 " A bark bound for Erin lay waiting : he enter'd like one in a 
 dream, 
 
 Fair winds in the full purple sails led him soon to the 
 Shannon's broad stream. 
 
 " Borne on the current, the vessel glides smoothly but swiftly 
 away, 
 
 By Carrigaholt, and by many a green sloping headland and 
 bay. 
 
 'Twixt Craloe's blue hills and green woods, and the soft sunny 
 
 shores of Tervoe. 
 And now the fair city of Limerick spreads out on the broad 
 
 banks below. 
 
 " Still nearer and nearer approaching, the mariners look o'er 
 the town. 
 
 The old man sees naught but St. Mary's square towers, with 
 the battlements brown ; 
 
 He Hstens — as yet all is silent, but now with a sudden sur- 
 prise, 
 
 A rich peal of melody rings from that tower through the clear 
 sunny skies. 
 
 " One note is enough, his eyes moisten, his heart long so 
 wither'd outswells ; 
 He has found them — the sons of his labour — his musical, 
 magical bells. 
 
TJie Mmister Circuit, 245 
 
 At each stroke all the bright past retumeth, around him the 
 
 sweet Arno shines ; 
 His children, his darling Francesca, his purple-clad trellis of 
 
 vines. 
 
 " Leaning forward he listens, he gazes, he hears in that won- 
 derful strain 
 
 The long-silent voices that murmur, * Oh, leave us not, father, 
 again/ 
 
 'Tis granted, he smiles, his eye closes, the breath from his 
 
 white lips hath fled. 
 The father hath gone to his children, the old campanero is 
 
 dead." 
 
246 
 
 The Mtinster Circuit. 
 
 CHAPTER XVII. 
 
 From Limerick to Tralee. — Tralee. — Anecdotes of 'Connell, 
 Kerry barrister ; Cork. — Curious account of statues in Cork. — 
 Eminent Members of the Irisb Bench, natives of Cork. 
 
 Feom Limerick to Tralee there were many modes of 
 proceeding, by coach^ or by boat, to Tarbart, and thence 
 by road to Tralee. Those members of the Bar who had 
 plenty of time, and did not fear to encounter the motion 
 of the water, enjoyed the fine scenery of the Shannon, 
 and went by boat. TTie Shannon washes the banks of 
 many handsome seats in the vicinity of Limerick, as it 
 flows westward, and, at a distance of about thirty-five 
 miles below the city, it expands into a noble estuary 
 about twelve miles across. On the Clare side nestles 
 the town of Kilrush ; on the opposite shore, where the 
 counties of Kerry and Limerick approximate, is built 
 the town of Tarbart. On this side is the village of 
 Glyn, whence a yet flourishing branch of the once puis- 
 sant house of Desmond takes its knightly title. Tar- 
 bart lies about twenty -five miles from Tralee, and is well 
 situated on the south bank of the Shannon. At the 
 commencement of the present century it was an incon- 
 siderable place, but increasing commerce has added to 
 its wealth, increased its size, and improved its appear- 
 ance. It has now expanded into a thriving town, and 
 many handsome mansions have sprung up in its neigh- 
 
The Mtmster Circuit, 
 
 247 
 
 bourhood. There was usually a pleasant party on the 
 coach as we proceeded from Tarbart to Tralee^ passing 
 through Listowel^ which gives the title of Earl to the 
 family of Hare. The Earl does not reside in Kerry ^ 
 where his estates are situated, but at his charming seat^ 
 Convamore^ on the banks of the Blackwater, county 
 Cork. 
 
 Tralee^ the assize town of the county of Kerry^ de- 
 rives its name from the strand of the Leigh^ a small 
 river which discharges itself into Tralee Bay. This 
 river is very deceptive ; for, small as it glides along in 
 summer, when swollen bj?- the mountain streams in 
 winter, or after heavy rain, it is a source of danger and 
 terror from its sweeping floods. In Queen Elizabeth^s 
 time the Earl of Desmond, who claimed the title of 
 Palatine of Kerry, denied the right of the Queen^s 
 judges to hold assizes here, and when the Lord Deputy 
 proceeded to visit him in his castle at Tralee, Desmond 
 attempted to capture him, as has been mentioned in our 
 opening chapter. In 1579 the effort to hold assizes at 
 'IValee resulted in the murder of the two provincial 
 judges sent there to execute justice in the Queen^s name, 
 together with all their attendants.^ A better order of 
 things exists now, and no attempt at molestation awaits 
 the Queen^s judges on the Munster Circuit. The town 
 of Tralee is picturesquely situated at the foot of a 
 mountain range about a mile and a half from the bay. 
 The site being low, subjects it to occasional floods, 
 and these are sure to occur when the spring tides from 
 the bay throw back the streams flowing into the Leigh 
 from the mountains. The chief street is a straggling 
 1 Lewis, " Top. Diet., Kerry." 
 
248 
 
 The Munster Circuit, 
 
 one, over a mile in length, from whicli several smaller 
 ones diverge. A pretty promenade is formed by the 
 continuation of Denny Street, where the old castle of 
 the Desmonds was placed. Clubs and reading-rooms 
 are situated in this street, and considerable trade is car- 
 ried on by the mercantile community. The court-house, 
 near the east end of Denny Street, is a very fine build- 
 ing. It replaced one much inferior in appearance and 
 convenience. The entrance is beneath a Grecian portico, 
 approached by a flight of spacious steps, surmounted 
 by a well-designed pediment. The accommodation for 
 the purposes of business, and rooms for the judges and 
 the Bar, are well arranged. The gaol is a substantial 
 building on the radiating principle, with accommodation 
 for over two hundred prisoners. 
 
 There is a racecourse at Tralee, where, in the year 
 1805, a somewhat novel match took place. The articles 
 for this match, we are told, had been drafted by counsel 
 — no other than Daniel O^Connell. 
 
 I do not remember any other case in which the articles 
 of the race were drawn by counsel, though questions 
 respecting bets have often been subjects of litigation. 
 The late Professor Barry once amused Judge Ball by an 
 application on behalf of a man who was a dealer in 
 horses and sugar-sticks. The incongruity of his avo- 
 cations struck the judge. What a strange junction 
 of trades ! said Judge Ball. 
 
 I see a close resemblance between horses and sugar- 
 sticks,^^ said the witty barrister. 
 
 In what way ? inquired his lordship. 
 
 The more you lick them the faster they go,^^ was 
 the reply. 
 
The Munster Circuit, 
 
 249 
 
 The natives of Kerry who have gained celebrity at 
 the Irish bar are not manv, but of these one stands forth 
 pre-eminent — Daniel O^Connell. For several years he 
 went the Munster Circuity and gained the reputation of 
 being the best criminal lawyer in Europe. He was 
 called to the bar in the troubled year of 1 798^ and 
 having relations in almost every county in Munster^ he 
 naturally selected the Munster Circuit. He had great 
 personal and physical advantages. A fine^ well-deve- 
 loped figure^ clear blue eye^ features expressive of keen 
 intelligence^ and a voice of great power, now rolling 
 like tones of a grand organ, bursting forth in thunder, 
 then dying away into deep pathos, rushing into rapid 
 declamation, or, if engaged in denunciation, pouring 
 forth epithets strong, fierce, and stinging. He was 
 well versed in the technicalities of his profession, and 
 soon his large practice, g-nd the necessary reading it 
 involved, made him a first-rate advocate. Then he pos- 
 sessed a wonderful knowledge of his countrymen \ and 
 who can compete with a Kerry man ? He was irresist- 
 ably comic when a joke was needed, and no man was 
 more sarcastic when vituperation was required. He 
 was extremely vigilant, and never lost a case through 
 inattention. 
 
 It was, I believe, at Tralee he completely silenced an 
 attorney who defied all gentle rebuke. This individual 
 possessed a love for fighting not inferior to the Scotch 
 terrier, that lost his appetite when he had naething 
 to worrit.^^ ^^His person we aretold,^ was indicative 
 of his disposition. His face was bold, menacing, and 
 
 2 Madden's " Revelations,'* p. 3. 
 
250 
 
 Tlie Mtinster Circuit. 
 
 scornful in its expression. He had stamped upon liim 
 the defiance and resolution of a pugilist. Upon either 
 temple there stood erect a lock of hair^ which no brush 
 could smooth down. These locks looked like horns, 
 and added to the combative expression of his counte- 
 nance. He was fiery in his nature, excessively spirited, 
 and ejaculated, rather than spoke, to an audience ; his 
 speeches consisting of a series of short, hissing, splut- 
 tering sentences, by no means devoid of talent of a 
 certain kind. Add to this, that the gentleman was an 
 Irish attorney, and an Orangeman, and the reader may 
 easily suppose that he was a character. 
 
 Upon the occasion referred to this irrepressible attor- 
 ney gave O'Connell great annoyance. He interrupted 
 O^Connell several times ; he improperly addressed the 
 witnesses as they mounted to the witness chair, and, 
 altogether, was quite unruly^ The counsel engaged 
 with O'Connell tried to keep him quiet ; more than once 
 the judge severely rebuked his improper interference, 
 it was all in vain 3 up he would start, like a J ack-in -a- 
 box — hiss out some remark which was sure to provoke 
 O^Connell. At last, when O'Connell was pressing a 
 hostile witness with a vital question, which the witness 
 was seeking to evade answering, and this individual 
 again interfered, as if for the purpose of annoyance, 
 O^Connell, losing all patience, scowling at this man with 
 a stern countenance, shouted in a voice of thunder, Sit 
 down, you audacious, snarling, pugnacious ram-cat. 
 We are told the words were no sooner uttered than 
 every one in court saw the truth of his words. Judge, 
 jury, counsel, attorneys, were convulsed with laughter. 
 The judge extremely enjoyed the happy epithets, which 
 
The Munster Circuit, 
 
 251 
 
 completely suited the combative attorney^ who gasped 
 with suppressed rage. He bore the sobriquet of Ratn- 
 Cat for the rest of his natural life. 
 
 When O^Connell was first called to the bar, Limerick 
 was then much disturbed by Whiteboys, and he had 
 usually the dock to defend, one of the officials in the 
 gaol of that city engaging him for that purpose. The 
 other counties also felt the benefit of his talents; and 
 throughout the whole circuit he was pre-eminently the 
 prisoners'* counsel. When he became distinguished as 
 a nisi prius lawyer, he was not able to devote as much 
 of his time to criminal business as formerly ; but so 
 long as he would accept these briefs no one else would 
 be retained. 
 
 Among other members of the circuit, natives of Kerry, 
 George Blake Hickson, Q.C. ; the late John Leahy, 
 Q.C., chairman for some years for the county of Lime- 
 rick; Thomas Gallway; J. G. Neligan, Q.C., the highly 
 respected County Coui*t Judge of Westmeath ; George 
 Raymond; Rickard O^Counell; Hewson; Ponsonby, — 
 occur to my mind. 
 
 Our route to Cork usually induced us to visit, 
 and re-visit, the lovely Lakes of Killarney, and the 
 source of the Lee. All this scenery has been re- 
 peatedly described by competent pens, but nowhere is 
 the scenery of the Lee better described than in the 
 beautifully written account of the Lee in the pages of 
 the Dublin University Magazine,^ the production 
 of one whose writings confer alike instruction by 
 their learning, and delight by the grace and charm of 
 
 3 Yol. xxxi, p. 626. 
 
252 
 
 The Mtinster Circuit, 
 
 a perfect style. To these pages we recommend our 
 readers. 
 
 Cork, the last and chief town on the Munster Circuit, 
 is called from the corcagh, or fen, on which it is built. 
 The principal street, Patrick Street, is built over a branch 
 of the River Lee which formerly intersected the city, 
 like the canals of Venice ; and now, in seasons of flood, 
 the river asserts its power, and converts the streets into 
 miniature canals. There has been very considerable 
 improvement in the appearance of the capital of Mun- 
 ster of late years. In Patrick Street, the statue of the 
 Apostle of Temperance reminds the citizens of the be- 
 nefits conferred by that humble friar, a fact which the 
 votaries of Bacchus seem very much disposed to ignore. 
 At the end of Patrick Street, to the left of the Grand 
 Parade, Great George^s Street branches to the right, 
 and the court-house is built at the end of Great George^s 
 Street. The splendid Corinthian columns supporting 
 the portico won the applause of Lord Macaulay, who 
 declared they would do honour to Palladio.^^ There 
 are two courts, with rooms for the Bar, and spacious 
 grand jury rooms, and long passages, with several offices 
 and apartments. In the county grand jury room is a 
 wooden statue of King William III., which, according 
 to Mr. Windele, was originally intended for his father- 
 in-law, James II. This statue, on the defeat of the 
 Stuarts, was first decapitated, and then hidden away 
 beneath the stairs of the old court-house, called the 
 King^s Old Castle. When this building was being re- 
 paired, in 1806, the mutilated statue of King James 
 was found, taken from beneath the stairs, placed in the 
 grand jury room, and the headless trunk perfected with 
 
The Mtmster Circuit, 
 
 253 
 
 the liead of William III. From this room it was removed 
 to the grand jury room in the present court-house in 
 1836. Statues seem not much in favour in Cork. The 
 statue of Admiral Lord Hawke^ which was ordered by 
 the Corporation, was left on the artistes hands, and pur- 
 chased by the Marquis of Thomond. His lordship 
 placed it near the battery at Rostellan, with its back to 
 the ungrateful city. It is now in the hall of that noble 
 mansion, amid a collection of weapons and curiosities 
 amassed by the present estimable owner. Dr. Wise. 
 
 A statue voted by the Corporation of Cork to Lord 
 Chatham, was also ignominiously treated. His lordship 
 so lauded the city and citizens for their support to his 
 views of state policy, that, in a fit of enthusiasm, they 
 voted him a statue, and the freedom of the city in a 
 gold box. But on some occasion, when the conduct of 
 the great statesman was not such as the Corporation 
 approved of, and Cork was referred to as censuring him, 
 he is stated to have said, Quote Cork against me, 
 forsooth ! What do I care for what is done in Cork, 
 that refuge for pirates, that spawning-ground for smug- 
 glers, and prolific nursery of privateers ? These strong 
 terms so incensed the citizens that they stowed away 
 the statue in a wooden box, from which it has recently 
 emerged, and now adorns the Cork Athenaeum. 
 
 The environs of Cork afforded the members of the 
 Munster Circuit many agreeable tours— to Blarney, Cove 
 now Queenstown, the lovely Carrigaline river, Rostel- 
 lan, Aste Ferry, &c. These localities are so familiar to 
 my Munster readers, that it would be waste of time to 
 attempt any description of them. The Bar Mess in my 
 time was held at the Imperial Hotel, and the excellent 
 
254 
 
 The Minister Circuit, 
 
 fare provided for us, and the attention of the proprietors 
 and waiters, evinced their gratitude for our preference. 
 In the neighbouring South Mall the judges had their 
 lodgings, and they too were well catered for. 
 
 I have now gone through the circuit towns, and pro- 
 ceed to mention some of the natives of Cork who have 
 gained merited distinction in our legal history : — 
 
 Sir Richard Cox, Lord Chancellor of Ireland, was bom 
 at Bandon, in the county of Cork, March 25th, 1650. 
 
 Alan Brodrick, Lord Midleton, Lord Chancellor of 
 Ireland, was born at Midleton, in the county of Cork, 
 about 1660. 
 
 Barry Yelverton, Lord Avonmore, Lord Chief Baron 
 of the Exchequer, born at Kanurk, county Cork, in 
 1736. 
 
 Hugh Carleton, Lord Carleton, Chief Justice of the 
 Common Pleas, born at Cork in 1737. 
 
 John Philpot Curran, Master of the Rolls, born at 
 Newmarket, county Cork, in 1750. 
 
 Joseph Devonsher Jackson, Judge of the Common 
 Pleas, born in Cork. 
 
 David Richard Pigot, Chief Baron of the Exchequer^ 
 born in Kilworth, county of Cork. 
 
 Rickard Deasy, Lord Justice of Appeals, born in 
 Clonakilty, county of Cork. 
 
 Hedge Eyre Chatterton, Vice Chancellor, born in 
 Cork. 
 
 Edward Sullivan, Master of the Rolls, born in Mallow, 
 county Cork. 
 
 Robert Richard Warren, Judge of the Probate Court, 
 was, I believe, born in county Cork ; at all events he 
 belongs to a Cork family. 
 
The Mimster Circuit. 
 
 255 
 
 Mounteford Longfield, Judge of the Landed Estates 
 Courts born in county Cork. 
 
 John FitzHenry Townshend^ Judge of the Admiralty 
 Courts born in county Cork. 
 
 These are some of the natives of the Yorkshire of 
 Ireland who have attained the dignity of the bench. 
 There are a number of others, natives of the province 
 of Munster, now winning fame and fortune at the Bar^ 
 to whom, I make no doubt^ the future historian of the 
 circuit will turn^ and mention as adding to the illustrious 
 men it has been my province to enumerate. 
 
 I now resume the detail of the business of the circuit 
 for the early part of the present century. 
 
256 
 
 The Munster Circuit. 
 
 CHAPTER XVIII. 
 
 Trials and Judges of Assizes. — Courts Martial in 1798. — Judge 
 Mayne and Charles Kendal Buslie. — Sir William Cusack 
 Smith. — Judge Fletcher. — Lord Norbury and his brother 
 Judges. — Eetort from the Bar. — Anecdotes. — Able Letter 
 from Sir Arthur Wellesley (Duke of Wellington). 
 
 The trials by court-martial during the year 1 798 were 
 constant. On the 6th of August of that year^ one 
 composed of officers of rank assembled in the Council 
 Chamber of Limerick^ for the trial of Horatio Towns- 
 hend Orpen, and Richard Orpen^ Esqs.^ of the county 
 of Kerry^ charged with aiding and assisting in the 
 rebellion. The prosecution was conducted by Harry 
 Deane Grady, with Messrs. Casey and Going, in- 
 structed by Mr. Meredyth Monsell. The prisoners 
 were assisted also by counsel. They had Messrs. Hart- 
 well, Jeremiah Keller, John and Stephen Dickson, and 
 for their attorney Mr. Henry Hassett. 
 
 The case having wholly failed to establish the 
 charge, the prisoners were acquitted. It is most pro- 
 bable this charge against members of a respectable 
 family was instigated by private malice, as was found 
 to be often the case in those troubled times. 
 
 The Munster Spring Circuit of 1806 was presided 
 over by Judge Mayne and Charles Kendal Bushe, 
 
The Munster Circuit, 
 
 257 
 
 then Solicitor-General. Of Judge Mayne there is 
 not much to narrate. He is chiefly remembered by 
 the remark of the facetious Jerry Keller^ who^ on 
 learning that Edward Mayne^ in 1805^ was appointed 
 a judge of the Common Pleas in the room of Judge 
 Finucane^ deceased^ went into that court to look at 
 him. The wit of the Munster Circuit having stared 
 for a short time at the newly- made judge^ was over- 
 heard sayings with a sigh, ^^Ah^ Mayne, your gravity 
 has placed you up there, while my levity keeps me 
 down here.'^^ But of his associate on the Munster 
 Circuit, there is, indeed much to record ; yet as the 
 name and fame of Charles Kendal Bushe have been 
 already abundantly related,^ I must try, in my remarks 
 respecting him, to avoid going over beaten ground. 
 His early career was indicative of future eminence. 
 He was the eldest son of the Rev. Thomas Bushe and 
 Katherine Doyle, sister of Major-General Doyle, Go- 
 vernor of Guernsey and Colonel of the Connaught 
 Eangers. The future Chief Justice of Ireland was 
 born at Kilmurry, in the county of Kilkenny, in 1767, 
 and entered Trinity College in his fifteenth year. His 
 career in our University was brilliant, and deserves 
 to be remembered. He swept away all the honours in 
 science and classics, and gained a scholarship in 1785, 
 with eight first best- marks. The best proof of his 
 ability is evidenced by the names of those who were 
 the competitors over whom he triumphed — Plunket, 
 Graves, Tone, Magee. In the College Historical So- 
 ciety, Bushe acquired that oratorical excellence which 
 
 1 FicZe The Irish Bar." 
 
 S 
 
258 
 
 The M mister Circuit. 
 
 gained liim tlie eulogy of a competent judge of public 
 speakers. Of his talents Lord Brougham says^ — 
 " His power of narration has not, perhaps, been 
 equalled. Perfect simplicity, but united with eloquence 
 — a lucid arrangement and unshaken connexion of all 
 the facts — the constant introduction of the most pic- 
 turesque expressions, but never as ornaments — these, 
 the great qualities of narration, accomplish its great 
 end and purpose; they place the story or the scene 
 before the hearer or the reader as if he witnessed the 
 reality. It is unnecessary to add that the temperate 
 and chaste and even subdued tone of the whole is un- 
 varied and unbroken ; but such praise belongs to every 
 part of the great speaker^s oratory. The utmost that 
 partial criticism could do to find a fault, was to praise 
 the suavity of the orator at the expense of his force.''^^ 
 John Kemble described him as the greatest actor off 
 the stage. 
 
 He was called to the Bar in 1790, and for some time 
 devoted his attention to literature and politics. He 
 threw himself heart and soul into that Spartan band 
 that resisted the waves of corruption, as they surged 
 onwards to swamp the liberties of Ireland. His family 
 were long known among the foremost of the friends of 
 popular measures. Many had seats in the Irish House 
 of Commons, and, from the days of the Revolution to 
 the Union, were always ranged on the side of their 
 fatherland. In 1775 Gervase Parker Bushe, then one 
 of the Parliamentary leaders, took charge of the Per- 
 petual Mutiny Bill, and the carrying of this measure 
 
 2 Statesmen of the time of George III. 
 
The Munster Circuit. 
 
 259 
 
 was in no small degree due to his talents and his 
 patriotism. Incited by such, example^ Charles Kendal 
 Bushe, when in 1797 he was elected member for the 
 borough of Callan^ county Kilkenny^ at once took his 
 stand in opposition to the Castle party^ and his sur- 
 passing eloquence soon placed him in a prominent 
 position in the House. The Irish Government were 
 most anxious to enlist him in oflBce, and in 1799, 
 when his professional prospects and political ability 
 were alike renowned, he , was visited at his house 
 in Baggot Street by two emissaries from the Viceroy, 
 Lord Cornwallis, who, in the name of his Excellency, 
 offered him the office of the Master of the Rolls, 
 or that of law officer of the Crown. As Mr. Bushe 
 w^as a decided foe to the then impending measure of 
 legislative Union, he declined this flattering offer in 
 courteous terms. He wrote as well as spoke against a 
 measure he believed likely to be prejudicial to Ireland, 
 and his pamphlet Cease your Funning is lively, yet 
 forcible in the argument. It reminded Lord Brougham 
 of the satires of Swift. 
 
 It is highly creditable to the British Government 
 that when the victory over Ireland was won, and the 
 Union an accomplished fact, the ministers did not allow 
 resentment against the bitterest and most powerful anta- 
 gonists to serve as a barrier against their professional 
 advancement. The Right Hon. George Ponsonby, a 
 resolute anti-Unionist, was appointed Lord Chancellor 
 of Ireland in 1805 ; Curran, also anti-Unionist, became 
 Master of the Rolls; Saurin and Bashe respectively 
 Attorney and Solicitor- General ; and Plunket was soon 
 employed by the Crown. The eminence of Bushe at 
 
 s 2 
 
26o 
 
 The Minister Circuit, 
 
 the Bar was very much owing to his industry. He 
 carefully prepared his speeches^ and his tact and judg- 
 ment were so great^ that he seemed always carried away 
 by his feelings, when he really was only speaking on 
 behalf of his client. His expressions were always 
 elegant, often forcible, yet their arrangement covered 
 the weak parts of his case ; and, if he was betrayed by 
 his zeal into the use of language he had not pre- 
 arranged, he managed so to amalgamate the extem- 
 poraneous with the prepared, that no one could detect 
 the fusion. 
 
 While acting as judge on the Munster Circuit, he, 
 for the first time, gave the Munster Bar indications of 
 that ability as a judge, which in after-years distin- 
 guished him as Chief of the King^s Bench. At Ennis, 
 Limerick, Tralee, and Cork, there were many impor- 
 tant cases tried before him, both on the civil as well 
 as the criminal side of the court, and the rulings of 
 the Solicitor- General gave very general satisfac- 
 tion. 
 
 When the admissibility or rejection of evidence was 
 to be disposed of, the Associate Judge showed very 
 considerable knowledge of the rules which regulate 
 that important branch of common law ; and when it 
 became his province to charge the juries, then his 
 logical mind and remarkable powers of narration came 
 forth in all their power and gracefulness. The Munster 
 Bar — lately accustomed for a series of circuits, to 
 the platitudes of Judge Day, the prosy charges of 
 Baron McClelland or Prime Serjeant Browne,^ — were 
 
 3 Prime Serjeant Browne was the last who held this rank. 
 On his death, in 1805. Moore was appointed First Serjeant. 
 
The Mtmster Circuit, 
 
 261 
 
 delighted with the lucid and orderly manner in which 
 the Solicitor- General presented the facts, as proved by 
 evidence, to the jury. The cases were often com- 
 plicated, the evidence often conflicting, titles to lands 
 perplexing, and the links of evidence of the slightest. 
 Under the perspicuous arrangement of the Associate 
 Judge, the chaotic mass soon appeared to form a clear 
 and logical sequence ; everything of importance was put 
 in its proper light ; every irrelevant or unreliable piece 
 of evidence estimated accordingly ; and the jury, thus 
 assisted, seldom failed to bring in a satisfactory verdict. 
 
 To the members of the Munster Circuit the Solicitor- 
 General was linked by many ties of association and 
 friendship. With some he had fought the battle of his* 
 country^s legislative freedom ; and, though they were de- 
 feated, the bonds of friendship were not weakened by 
 that result. With others, he had long professional and 
 social acquaintance, and these invited him among 
 them with that pleasure which kindred tastes create 
 and preserve. Bushe was a delightful companion. He 
 had a fund of anecdote which he freely communicated, 
 and the wits of the Munster Bar contributed their 
 quota in return, Lysaght and Keller might have pro- 
 fited by one trait in the Solicitor-General; for while 
 they would not scruple to say a sharp word if it raised 
 a laugh, he was careful not to utter a syllable which 
 could inflict pain. No one was ever more studiously 
 free from malignity or personal vanity. 
 
 As it is not my province to refer to this great judge 
 more, save as in connexion with the Munster Circuit, 
 I must only further mention that he went the Munster 
 Spring Circuit in 1815 as Associate to Judge Moore; 
 
262 
 
 Tlie Miinste}' Circuit, 
 
 again the Spring Circuit of 1817 as companion to Judge 
 Mayne ; the Spring Circuit of 1818 with Judge Moore ; 
 the Summer Circuit of 1820 with Serjeant Joy; and 
 the Spring Circuit of 1821 with Baron Pennefather. 
 
 The Solicitor- General was raised to the Chief- 
 Justiceship of the King^s Bench^ on the resignation of 
 Lord Downes in 1822. He never went the Munster 
 Circuit after becoming Chief Justice. Bound to Kil- 
 kenny by ties of affection and property^ he did not 
 care to wander far from his ancestral home^ and passed 
 most of his vacations at Kilmurry. He continued to 
 preside over the Queen^s Bench for many years^ and^ 
 on his retirement^ was succeeded by the Eight Hon. 
 • Francis Blackburne. Chief Justice Bushe died in 1843^ 
 sincerely and deservedly lamented. 
 
 In the Spring Circuit of 1807 the judges of assize 
 for the Munster Circuit were Baron William Cusack 
 Smith and the Hon. Judge Fletcher. It would not 
 be easy to meet with two men more dissimilar in many 
 respects. While Baron William Smith was courteous 
 and genial in his manner_, Judge Fletcher was re- 
 markable for a brusque demeanour^ nearly approach- 
 ing to rudeness. A brief notice of these two judges, 
 who have long passed away, may be desirable 
 
 Sir William Cusack Smith, Baron of the Exchequer, 
 was born on the 23rd of January, 1768. He was the 
 son of a judge and father of a judge; his father. Sir 
 Michael Smith, having been first a Baron of the Exche- 
 quer, from 1793 to 1801. He was appointed Master 
 of the Rolls, where he sat until 1806, when he was 
 succeeded by the great ornament of the Munster Cir- 
 cuit, the Eight Hon. John Philpot Curran. . Sir Wil- 
 
The Mimster Circuit, 
 
 263 
 
 liam Smith was called to the Irish Bar about the year 
 1790^ and in 1795 received the silk gown of King^s 
 Counsel. He then entered the Irish House of Com- 
 mons^ and continued a member of Parliament until the 
 time of the Union. In that year^ 1800^ Mr. William 
 Smith was appointed Solicitor-General^ and it appears 
 that the law oflBcers in those days went circuit as 
 judges; for in 1801 a very singular occurrence took 
 place — father and son both going circuit as judges — 
 Baron Smith and his son^ the Solicitor- General.'* On 
 the 27th Decembor, 1801^ the Solicitor-General be- 
 came a Baron of the Exchequer, on the resignation of 
 Baron Metge. On the death of his father, Sir Michael 
 Smith, in 1808, the baron succeeded to the title of 
 baronet, and assumed by sign manual, upon the de- 
 cease of his mother, the name and arms of Cusack. 
 He married Hester, eldest daughter of Thomas Berry, 
 Esq., of Eglish Castle, in the King^s County.^ Sir 
 William Smith was a very accomplished man, fond of 
 society and of sitting up late, which often made him 
 very late in court. His charges have been collected 
 and published. One extract must suffice to give a speci- 
 men of his style. Alluding to the cordiality of feeling 
 among country gentlemen produced and cemented by 
 
 4 ^' Burke's Peerage." 
 
 5 " The second son of this marriage was the late Master of 
 the Eolls, the Eight Hon. Thomas Berry Cusack Smith ; he 
 was a great lawyer, and an excellent but somewhat irritable 
 judge. From the number of initial letters to his name, T. B. 
 C. Smith, he was frequently called Alphabet Smith," and, 
 evincing some deficiency in literature, Archbishop Whately said 
 " he was a man of more letters than learning," 
 
TIu Munster Circuit, 
 
 partaking of the same field sports^ when charging the 
 grand jury at the Carlow summer assizes in 1833, Sir 
 William said, — I would celebrate the fox-cover, the 
 racecourse, the preserve, as so many Runnymedes if 
 we could sign there the great charter of national con- 
 ciliation. I would cheer the steeplechase or the horse- 
 race if concord was the latent goal, and on the flag of 
 the winning-post were inscribed Harmony and National 
 Conciliation/^ 
 
 Judge Fletcher was originally destined for the 
 medical profession, of which his father was an eminent 
 practitioner. He was called to the Irish Bar in 1778, 
 and had been such a diligent student, that few lawyers 
 of many years^ standing equalled him in profound legal 
 learning. Yet his great knowledge remained for some 
 years unsought, and he experienced that hope deferred 
 making the heart sick, arising from roaming the hall 
 term after term without briefs, or going from one 
 assize town to another on circuit without practice. As 
 I always thought that much of Dr. Johnson^s surliness 
 was owing to the terrible privations he had endured in 
 his battle for fame, so it is very probable Judge 
 Fletcher^s mind grew irritable, his temper soured, 
 and his manner rude, in consequence of the want of 
 encouragement afforded him in these early days. Sir 
 Jonah Barrington says, " He was a clever man, an ex- 
 cellent lawyer, but with a surly temper, combined with 
 a kind heart and an honest, free-spirited principle, 
 w^hich never forsook him either in private life or as a 
 public functionary.^^ ^ 
 
 *" Personal Sketches by Sir Jonah Barrington, vol. i. 
 
The Munster Circuit, 
 
 265 
 
 There is^ perhaps^ no profession in which business 
 comes — when it does come — more rapidly than the 
 Bar. Lord Mansfield declared^ in his case there was 
 no gradation between nothing at all and 2000/. a year. 
 I remember the present universally-respected Baron 
 Fitzgerald without any court practice^ and at a bound 
 sharing the leading practice of the Court of Chancery 
 with — and the worthy opponent of — Mr. Christian. A 
 distinguished argument in the Court of King^s Bench 
 in 1782^ when the advocate overpowered a corrupt 
 Bench resolved to crush him, stamped upon Mr. 
 Fletcher the mark of professional as well as public 
 approbation, and thenceforth his fortune was assured. 
 -The Irish House of Commons opened its portals to 
 the champion of popular rights, and during Lord Fitz- 
 william^s short-lived administration of the Viceroyalty 
 of Ireland in 1795, Mr. Fletcher was nominated a 
 King's Counsel. Though a consistent anti-TJnionist, 
 his 'political exertions were no bar to his promotion. 
 In 1806 he was added to the Common Pleas judges, 
 then comprising Chief Justice Lord Norbury, with 
 Judges Fox and Johnson. Shiel, in his Legal and 
 Political Sketches,^^ gives an amusing description of 
 Lord Norbury and his yoke-fellows ; and as they oc- 
 casionally went the Munster Circuit, I may introduce 
 the extract here. Judge Fletcher's characteristic was 
 moroseness,^ rather than irritability ; but he had an 
 honest vehemence and impetuosity about him which, 
 whenever his sense of propriety was violated, he could 
 
 7 " Master O'Dwyer told me the judge had a country -honse 
 called Montrose, which the wits of Dublin, in allusion to his 
 temper, always called Morose.'* 
 
266 
 
 TJie Munstcr Circuit, 
 
 not restrain. When Lord Norbary was giving judg- 
 ment (if the olla podrida which he served up for the 
 general entertainment can be so called)^ the spectacle 
 derived from the aspect of his brother judges furnished 
 a vast accession of amusement. Judge Fletcher, in- 
 dignant at all the absurdity which was thrown up by 
 Lord Norbury, and which bespattered the Bench, 
 began expressing his disgust by the character of 
 bilious severity which spread over his countenance, of 
 which the main characteristic was a fierce sourness 
 and a scornful discontent. Judge Johnson, on the 
 other hand, endeavoured to conceal his anger, and 
 placing his elbows on the bench, and thrusting his 
 clenched hands upon his mouth, tried to stifle the in- 
 dignation with which, however, it was obvious he was 
 swelling. After a while a growl was heard from Judge 
 Fletcher, while Judge Johnson responded with a groan. 
 But undeterred by any such gentle admonition, their in- 
 comparable brother, with desperate intrepidity, held 
 on his way. Judge Fletcher had a habit, when exces- 
 sively displeased, of rocking himself in his seat ; and as 
 he was of considerable bulk, his swinging, which was 
 known to be an intimation of his augmenting anger, was 
 familiar to the Bar. As Lord Norbury advanced, the 
 oscillations, accompanied with a deeper growling, de- 
 scribed the greater segment of a circle, and shook the 
 whole bench ; while J udge Johnson, with his shaggy 
 brows bent and contracted over his face, and with his 
 eyes flashing with passion, used, with an occasional 
 exclamation of mingled indignation and disgust, to 
 turn himself violently round. Still on Lord Norbury 
 went, until at length Judge Fletcher, in his pendulous 
 
The Mtinster Circuit. 
 
 267 
 
 vibrations^ came into actual collision with him on one 
 side, and Judge Johnson, by his averted shrug, hit 
 him upon the shoulder on the other, when, awakened 
 by the simultaneous shock, his lordship gave a start, 
 and looking round the Bar, who were roaring with 
 laughter at the whole proceedings, gave vent to his 
 feelings in a succession of puflFs/^ 
 
 Lord Norbury, like other justices, often met a re- 
 sponse which he did not expect. When driving with a 
 barrister named Parsons, they passed an untenanted 
 gibbet, and the Chief Justice, turning to his com- 
 panion, asked, If that gallows had its due. Parsons, 
 where would you be 
 
 Driving by myself, my lord,^^ was the ready 
 answer. 
 
 Lord Norbury was not long without repaying Parsons. 
 When the barrister was arguing before him, the loud 
 braying of a donkey disturbed the court. 
 
 Sit down, Mr. Parsons,^^ chuckled the Chief Jus- 
 tice ; one at a time, if you please.^^ 
 
 There are several amusing anecdotes current of 
 Parsons. A barrister, whose son did not bear a high 
 character, and had been lately robbed, meeting the 
 former, said, Parsons, did you hear of my song's rob- 
 bery?'^ 
 
 No, my dear friend,^^ replied Parsons. ^^Do tell 
 me. Whom did he rob ? 
 
 A country squireen, who was suspected of being a 
 rebel, wishing to clear his character, said to Parsons, 
 
 It was rumoured that I sympathized with disloyalty, 
 but such is quite untrue. It is well known, sir, I have 
 a stake in the country.^^ 
 
268 
 
 The Mimster Circtdt, 
 
 Faith, if you have, there^s a pike at the end of 
 it/^ said Parsons. 
 
 Both Baron Smith and Judge Fletcher were well 
 acquainted with the sad state of Ireland at this period 
 (1807), and frequently, in addressing the grand jurors, 
 sought to impress upon them the great powers for 
 doing good which resident landlords possess. These 
 judges were uncommonly severe upon all who, taking 
 advantage of their position of grand jurors, were parties 
 to what was then known as grand jury jobs, and woe 
 betide any magistrate or landlord who came within 
 the lash of either judge, after seeking to wrong or op- 
 press his inferior ! No rank, no station sheltered the^ 
 offender from condemnation and punishment. 
 
 The counties forming the Munster Circuit were in a 
 very disturbed state in the year 1808, which caused 
 the Irish Government much anxiety. Sir Arthur Wel- 
 lesley (afterwards Duke of Wellington) was then at 
 Cork, organizing a force for the Peninsula. He ad- 
 dressed a letter to the commanding officer at Limerick, 
 so full of excellent practical suggestions, and display- 
 ing such wonderful sagacity and knowledge of the 
 Munster Circuit, and those best qualified to give ad- 
 vice on emergencies, that I think it merits a place in 
 our history. It is directed to " Brigadier- General Lee, 
 at Limerick. 
 
 ''Got!:, 1th July, 1808. 
 ^^My dear Sir, — According to the desire which you 
 expressed in the conversation I had with you at Lord 
 Harrington^s, I proceed to give you my opinion on the 
 nature and circumstances of the command which you 
 are about to exercise in the county of Limerick. In 
 
The Miiuster Circtdt. 
 
 269 
 
 the first place^ I must point out to you that the 
 situation of a general officer commanding in a district 
 in Ireland is very much of the nature of a deputy- 
 governor of a county or a province. He becomes 
 necessarily charged with the preservation of the peace 
 of the district placed under his command; and the 
 Government must confide in his reports and opinions 
 for the adoption of many measures relating solely to the 
 civil administration of the country. From these cir- 
 cumstances^ it is obvious that it is the duty of every 
 general officer to make himself acquainted with the 
 local circumstances of his district^ and with the cha- 
 racters of the different individuals residing within it^ in 
 order that he may decide for himself according to the 
 best of his judgment and information, and that he may 
 not be misled by others. This duty will be the more 
 obvious by a consideration of certain circumstances 
 which exist in many parts of Ireland. It frequently 
 happens that disturbances exist only in a small degree, 
 and probably only partially, and that the civil power 
 is fully adequate to get the better of them. At the 
 same time, the desire to let a building to Government 
 for a barrack — the anxiety to have troops in the 
 county, either on account of the increased consump- 
 tion of the necessaries of life, or because of the in- 
 creased security which they would give to the particular 
 part of the country — and cause a general rise in the 
 value and rent of land which probably at that moment 
 might be out of lease ; or in some instances the desire 
 to have the yeomen called out on permanent duty — 
 occasions a representation that the disturbances are 
 much more serious than the facts would warrant. Upon 
 
270 
 
 The Mimster Circuit, 
 
 these occasions letter after letter is written to the 
 commanding officer and to the Government ; the same 
 fact is repeated through many different channels ; and 
 the result of an inquiry is generally, that the outrage 
 complained of is by no means of the nature or of the 
 extent which has been stated. The obvious remedy 
 for this evil, and that which is generally resorted to, 
 is to call for information on oath of the transactions 
 which are complained of. But this remedy is not cer- 
 tain, for it frequently happens that the informations on 
 oath are equally false with the original representation. 
 The general officer then has no remedy, excepting by 
 his acquaintance and communication with the magis- 
 trates and gentlemen of the county, to acquire a know- 
 ledge of characters, and to become acquainted with all 
 the circumstances which occur. It frequently happens 
 that the people who commit outrages and disturbances 
 have reason to complain ; but in my opinion that is not 
 a subject for the consideration of a general officer. He 
 must aid in the preservation of the peace of the country, 
 and in support of the law ; and he who breaks the law 
 must be considered in the wrong, whatever may have 
 been the nature of the provocation he may have 
 received. 
 
 " In respect of the gentlemen of the county in which 
 you are posted, I recommend you to attend particu- 
 larly to the Lord Chief Baron O^Grady ; you will find 
 him well informed of the transactions of the county of 
 Limerick, and well acquainted with the characters, and 
 disposed to assist your judgment. I also recommend 
 to your attention Mr. Dickson, the late High Sheriff 
 of the county, and Colonel Vereker, the member for 
 
The Munster Circuit, 
 
 271 
 
 the city of Limerick. There may be, and certainly 
 are, other gentlemen in the county of Limerick on 
 whose information you may depend. But I have re- 
 quested Mr. Traill, through whom I send this letter, 
 to apprize you confidentially of the names of those 
 whom you ought to consult. 
 
 Believe me, &c., 
 
 ^'Arthur Wellesley."^ 
 
 ^ Lenehan's " History of Limerick," pp. 123-4. 
 
272 
 
 The Miinster Czrcicit, 
 
 CHAPTER XIX. 
 
 Gallant defence of HigMort by Sir John Purcell. — Anecdotes 
 
 of him. 
 
 At the Summer Assizes of Cork^ in 1811^ Maurice 
 Noonan was indicted for that he feloniously and bur- 
 glariously did break and enter^ with intent to steal 
 from the dwelling-house of Highfort the goods and 
 chattels of one John Purcell in the said dwelling-house, 
 then and being, and that the said Maurice Noonan then 
 and there, in the said dwelling-house, in and upon the 
 said John Purcell, in the said dwelling-house, feloniously 
 did make an assault with intent to kill and murder 
 John Purcell, against, &c. 
 
 The case was one of considerable interest, and 
 attracted much public attention, and when the fol- 
 lowing facts were elicited on the trial, we cease to be 
 surprised at this. 
 
 Highfort, the house in which the burglary was com- 
 mitted, lies in a secluded place between Charleville and 
 Kanturk, in the county of Cork. This was the dwelling 
 of John Purcell, Esq., a gentleman past the middle life, 
 in the year 1811. He was a man of somewhat peculiar 
 habits. Though much employed as a land agent and 
 receiver of rents over extensive landed estates in his 
 neighbourhood, he attended fairs and other places of 
 
The Miinster Cirmit. 
 
 273 
 
 public resort^ where lie was sure to meet the tenants, 
 and take from them their various rents without ever 
 making any entry as to the parties who paid him. He 
 gave the tenants memorandums of the sum paid^ which 
 he placed in a bag, and never gave a stamped receipt, 
 though he charged for the stamps when accounting 
 with his principal. He acted as agent for the Earl of 
 Egmont, and for landed proprietors, and others, and was 
 always most accurate in accounting for the rents. His 
 family consisted of himself, his daughter-in-law, and 
 her little child. His domestics were two maids and a 
 servant-man. Though his house was in a lonely spot 
 in the country, he had no fears of any one seeking to 
 injure him, and considered himself highly popular and 
 perfectly safe. He was soon undeceived in this respect. 
 
 He had a fatiguing day collecting rents on the 11th 
 March, 1811, and it was long past dinner and tea-time 
 as he rode home hungry and tired. Some cold meat 
 and bread formed his solitary supper, which was served 
 in his bedroom, and he told the servant-man not to sit 
 up, as he need not remove the tray till next morning. 
 
 Mr. Purcell^s bedroom was adjoining the parlour^ on 
 the ground floor. A door communicated between the 
 rooms, but this had been nailed up, and some of the 
 parlour furniture, chairs and tables, placed against it. 
 There was access to the bedroom from a passage, which 
 was preferred to going through the parlour to the bed- 
 chamber. Having partaken of his supper, Mr. Purcell 
 undressed and retired to" rest. About one o^clock he 
 was aroused by a noise, as if some one approached the 
 windows of the adjoining parlour. He listened. The 
 windows of the parlour were pushed in, and several 
 
 T 
 
274 
 
 The Minister Circuit, 
 
 men climbed tlirough. As well as lie could judge, as 
 each man came down with a fall on the carpet, he 
 reckoned that about fourteen men had entered his house. 
 
 Mr. Purcell resolved to ascertain what they came 
 for, and to defend his house. He arose, but was dis- 
 heartened when he recollected all his weapons were in 
 his little office, out of his reach, and the only implement 
 available was the knife he used at supper, which lay on 
 the table beside him. He found this knife before any 
 attempt to enter his bedchamber was made. When 
 thus armed, he heard the table placed before the nailed 
 door di^agged away, and the long-disused door was 
 pulled open. Through the space the round, full, silvery 
 moon looked brightly in from the open parlour win- 
 dows, and while Mr. Purcell stood, shrouded in dark- 
 ness, he saw a number of men, many of them bearing 
 fire-arms, with blackened faces, as if for concealment, 
 crowding the room. Purcell, knife in hand, stood 
 motionless by the side of the open door until one of 
 the burglars entered his bedroom. Swift and true, 
 the blade of the knife was plunged into the intruder's 
 body, and the robber reeled back amidst his comrades, 
 swearing he was killed/' Another took his place to 
 receive a like stab, and he too fell back, crying out 
 he was done for.'' Then some one who seemed to act 
 with authority called out Fire ! " and the loud report 
 of a short gun, or blunderbuss, was the reply. Luckily 
 it did no more harm than lodging a brace of balls and a 
 number of slugs in the opposite wall, while, almost ere 
 the smoke cleared away, the intrepid Mr. Purcell struck 
 the marksman with his knife and sent him also wounded 
 to his companions. A rush was then made, which Mr. 
 
The Munster Circuit, 
 
 275 
 
 Purcell had not counted on. He was resolved, bow- 
 ever, not to flinch, and struck a fourth robber, when he 
 received a blow on the head and found himself tightly 
 grappled. The floor, rendered slippery by the blood 
 so copiously shed, made footing insecure, so in the 
 struggle Mr. Purcell and his adversary both fell. Still 
 thrusting with his knife, the owner found it did 
 not act as effectually as formerly, and, on passing his 
 finger along the blade, was dismayed to find it was 
 bent near the point. As he lay struggling with his 
 foe, he tried hard to straighten the blade, and soon the 
 hold of his assailant grew relaxed ; he lay dead. This 
 man carried a sword, which Mr. Purcell gladly seized as 
 a substitute for the now useless knife. The gang, 
 finding so many of their party killed or wounded, began 
 to bear away the bodies on chairs through the parlour 
 windows ; the darkness in the bedroom prevented their 
 seeing they were only opposed by one man. When all 
 were gone, Mr. Purcell aroused his servant-man, who 
 lay in his bed and never came to assist his master in 
 this terrible conflict. The man was loudly reproached 
 for his dastardly conduct. The daughter-in-law and 
 child were placed in safety for the remainder of the 
 night, but the attack was not renewed. 
 
 Next morning Highfort could not be accounted 
 lonely. The news of the attack and gallant defence 
 spread far and wide, and men of all ranks, creeds, and 
 classes came to ofi*er their expressions of abhorrence at 
 the attack, and of admiration at the courage, bravery, 
 and skill with which Mr. Purcell had acted. Instant 
 search was made for the perpetrators. Mr. Purcell 
 was sure he recognized one named Maurice Noonan, 
 
 T 2 
 
276 
 
 The Minister Circuit, 
 
 who lived in his neighbourhood. He went himself to 
 Noonan^s house; beneath Noonan^s bed was the gun 
 fired the night before. Mr. Purcell identified it — a 
 short gun with the butt broken ofi*^ and the barrel 
 secured by a cord. This^ of course^ caused Noonan^s 
 arrest, and he admitted Mr. Purcell had like to do for 
 him.'^ It transpired the party consisted of nine men, 
 all armed. Two were killed in the aSi^ay, and three 
 severely wounded. Some became panicstruck during 
 the conflict, and fled, as they believed a strong force 
 defended the house. 
 
 Noonan was tried at the Cork Assizes, found guilty, 
 and hanged on the 9th September at Gallows Green, 
 Cork. He acknowledged his guilt, but declared that 
 on the morning of the day of the attack he had no idea 
 of taking part in it; but, being sent for by another of 
 the gang, he joined them in it. He never was engaged 
 in any other attack. 
 
 When the Irish Government was apprised of the 
 gallantry of Mr. Purcell of Highfort, from a laudable 
 desire to manifest a sense of his courage, he was oflfered 
 and accepted the honour of knighthood. He was 
 called in the country ^^The blood-red knight ; by 
 some The knight of the knife. 
 
 A daring murder had been committed in his vicinity, 
 and he took an energetic share in bringing the mur- 
 derer to justice. The mode he adopted to identify the 
 guilty person was creditable to his acuteness. Going 
 to the house of the suspected criminal. Sir John Purcell 
 asked if he could see him.^^ 
 
 " Oh, no ; he^s very sick,^^ was the reply. 
 
 ^'^I must see him,^^ insisted Sir John. 
 
The Munster Circuit, 
 
 277 
 
 He was then introduced into the cabin^ and in bed 
 was the man^ taken/^ he alleged, with a bad colic/^ 
 
 "Let me see your shoes/^ was Sir John's next 
 request. ♦ 
 
 " Och an^ troth, they^re gone to be mended/^ was 
 the reply. 
 
 " What are these under the bed ? asked the 
 inquisitive knight, seizing a pair of soiled brogues, the 
 shoes he wanted. 
 
 Bearing away the shoes, he left the sick man well 
 watched by a couple of policemen, while he repaired to 
 the scene of the murder. It was winter, and congealed 
 snow covered the ground. Sir John found many foot- 
 prints, but enough to connect the sick man with the 
 deed of blood ; a nail was deficient in the heel of one of 
 the shoes, and the tracks in the congealed snow showed 
 a like want. This led to further evidence, until the 
 guilt of the pretended invalid was satisfactorily esta- 
 blished to the jury who convicted and the judge who 
 pronounced upon him sentence of death. 
 
 Most probably these deeds made Sir John Purcell an 
 object of dislike to the peasantry. While at a country 
 fair, he received intimation that his life was in danger, 
 and he had better get home with all speed." Satisfied 
 of the hona-Jides of this intelligence, he put spurs to his 
 horse, and soon a hot pursuit told him the warning was 
 not made too soon. Being well mounted, he escaped 
 to a farm-house, where he sought and found shelter. 
 
 On another occasion, when riding with a gentleman 
 named Seward, near Mallow, both were hemmed in by 
 a large party of Rockites. These men bade Mr. Seward 
 "not be in dread, for ^twas Sir John they wanted." 
 
278 
 
 The Mtmster Circuit, 
 
 They forced liim to aliglit from the horse he rode, and, 
 while considering what they could do to him, he said in 
 a low voice to his friend Seward, Your horse is better 
 than mine ; lend me yours, and 1^11 make a rush for it/^ 
 Do, in God^s name ! said Mr. Seward, jumping 
 from the saddle. 
 
 He was no sooner out of it than Sir John was in, 
 and, despite his fourscore years, leaped the next fence 
 like a centaur. The Rockites ran here and there, 
 but he was soon lost to them, and they wreaked their 
 vengeance on Mr. Seward in making him ride to his 
 house, sans culottes^ sitting on a furze bush tied to the 
 saddle. 
 
The Munster Circuit. 
 
 2/9 
 
 CHAPTER XX. 
 
 Bruce v. Grady. — Plaintiff and Defendant. — "The Nosegay" 
 trial. — A Stage-struck Exciseman. — O'Connell on Circuit. — • 
 Trial of Scanlan for the Murder of the Colleen Bawn. 
 
 At the Summer Assizes of 1816 the case of Bruce v, 
 Grady^ for libel^ was tried in Limerick before Mr. 
 Serjeant Johnson. Never in the legal annals of any 
 country was a more powerful satire penned than the 
 poem for which this action was brought. The plaintiff^ 
 George Evans Bruce^ was a man of very considerable 
 political influence. He amassed a very large fortune^ 
 and settled in the county of Limerick. He purchased 
 in 1789 the estate of Hermitage, containing about 200 
 acres, from Mr. Waller, of Castletown, for the sum of 
 5000^., and laid out at least 10,000Z. more in building 
 a fine house, planting, and improving the natural 
 beauties of the place. He was of considerable use to 
 Lord Clare as a political ally, and his lordship, when 
 Chancellor, appointed him to the Commission of the 
 Peace for the county of Limerick; but, it is said, Mr. 
 Bruce was then so unpopular the other magistrates 
 would not act with him. Bruce, however, seems to 
 have conquered this prejudice, and in the year 1800 
 served the distinguished office of High Sheriff of the 
 county. He disposed of his beautiful seat. Hermitage 
 
The Miinster Circuit, 
 
 in 1802, to Lord Massy for the sum of 20,000Z. Mr. 
 Bruce founded the Limerick Ckib, and became a 
 banker in Limerick. His bank was No. 6, Rutland 
 Street, the present auction mart. It was stated — 
 perhaps untruly — that the money with which Mr. 
 Bruce carried on his dealings as a banker in Limerick 
 had been gained by gambling in London and Paris, 
 and amounted to 90,000Z. It was also related that 
 while playing qidnze with the celebrated statesman 
 Fox, the latter, suspecting foul play, snatching a fork 
 from the supper-table in the gambling-saloon, drove it 
 with all his force into the hand of his suspected com- 
 panion, exclaiming, ^^For 5000 guineas the five of 
 clubs is under that hand ! On investigation this 
 statement proved true; but the truth of the whole 
 story is rendered apocryphal by there being no sign of 
 any such wound on the alleged blackleg^s hand. It 
 was, however, stated Fox did not think all was fair 
 play with the Limerick banker. 
 
 The defendant, Thomas Grady, Esq., of Belmont, was, 
 as we have already seen, a barrister, a member of the 
 Munster circuit, an Assistant Barrister, and possessed 
 of a landed estate, with a suitable mansion called Bel- 
 mont. That he was a gentleman holding considerable 
 station in the county of Limerick may be inferred from 
 his having filled the office of High Sheriflf of that 
 important county in the year 1805. He was — un- 
 fortunately for himself, but still more so for those he 
 regarded as enemies — possessed of the cacoetlies scri- 
 hendi, and as the literature of those times was not as 
 moral as our own, his poems abound with indecent 
 passages. He wrote the Flesh-Brush for Lady 
 
The Minister Cirant. 
 
 281 
 
 Clare; the West Briton/'' to support tlie Legislative 
 Union between Great Britain and Ireland ; lie likewise 
 spoke in favour of the measure at the meeting of the 
 Irish Bar already mentioned. A poem entitled Peace 
 was written by him; another called Sir Phelim 
 O'Shaughnessy/' ^'The Barrister^' and ''The Two- 
 penny Post Boy are ascribed to him ; bub the poem 
 which caused the greatest noise^ and gave the author 
 most trouble and cost^ was his satire called " The 
 Nosegay/-* He moved in the best society in Limerick, 
 and was said to be a tuft-hunter. He told the follow- 
 ing story of Dr. Bernard, Bishop of Limerick in 1799 : 
 — '' I will never forget the impression this accom- 
 plished bishop made upon me the first time I ever sat 
 in his company. It was at Lord Gort-^s. After dinner 
 the conversation took a stupid turn upon our taxes, and 
 particularly upon the window-tax, then lately laid on 
 this country ; and I threw in some stupid observations 
 reprobating the tax, and lamenting the miserable fine 
 of 6Z. a year I had to pay for my house in Dublin. 
 '' Sir,^^ says he, '' you have no taxes ; it is idle to talk 
 of taxes in this country. Sir, I had a house once in 
 London that lay in an angle of two great streets. By 
 consequence it had two fronts, each very extensive, 
 and with more than the ordinary proportion of win- 
 dows to each front ; and, sir, I had to pay for the 
 window-tax of that house (I think he said) 80^.'''' This 
 struck me with horror — proximus ardit, 1 had a pro- 
 phetic anticipation of what has since happened, and in 
 the state of despair arising from the coup-d^ceily I burst 
 into the vulgar and indecent ejaculation of '' Oh, blood 
 and ^ounds.'^ I saw in an instant the lawn sleeves 
 
282 
 
 The Munster Circidt, 
 
 present themselves to my confounded imagination. I 
 was sensible of the vulgarity and grossness I had 
 committed^ and I humbly asked his pardon. He saw 
 I was degraded and humbled in my own feelings^ and 
 fixing his eyes upon me, which sparkled when he was 
 going to be playful, and gave notice of the coming 
 flash, Well you may say ^ blood and ^ounds,^ sir. It 
 was enough to make any honest man say ^ blood and 
 ^ounds/ sir. I can tell you, sir, it has made a bishop 
 say ^ blood and ''ounds,^ sir.''^ The whole table was con- 
 vulsed, and I was redeemed by the wit, the pleasantry, 
 and good nature of this admirable man.* 
 
 It is believed some unwillingness on the part of the 
 banker to accommodate Mr. Grady with money caused 
 the publication of The Nosegay.*^^ Whatever the 
 cause, it is impossible to conceive a more pungent and 
 terrible invective. It represents Bruce brought to the 
 bar of Justice and accused of a catalogue of crimes. I 
 must content myself with a few extracts, as there is 
 much not fit for publication. The satire commences 
 with a description of the plaintiff brought before the 
 court : — 
 
 " Come — for tardy Justice takes her seat, 
 Convicted usurer, convicted cheat ; 
 In every mischief aider or abettor ; 
 Self -vaunted infidel and tampering traitor ; 
 In daring prime, in principles unbuckled ; 
 Heluctant subject, voluntary cuckold, 
 See round the court of youths debauch' d a group 
 AYho supp'd thy poison while they supp'd thy soup, 
 
 ^ Lenehan's " History of Limerick," p. 441. 
 
The Miinster Circuit. 
 
 283 
 
 Who haunt thy dinners, emulous to share 
 Thy half- digested extracts from Yoltaire, 
 Whose finer taste thy sense could never hit; 
 Which caught th' impiety, but not the wit ; — 
 Dinners, where mischief's never at a stand- 
 Atheist and sharper joining hand in hand, 
 Blest firm combining to engulf the whole, 
 To sink the property and damn the soul." 
 
 Having charged the plaintiiff with every species of 
 usury^ the defendant says : — 
 
 " See on one side some vision-ruin'd boys, 
 Whose lands you mortgaged to sustain their joys, 
 Who pay for nights in these sad vigils spent, 
 A mild retribution of cent, per cent.'* 
 
 The account of the transaction with Fox is thus 
 introduced : — 
 
 " But see aloft, and near the sheriff's box, 
 The black-brow'd spectre of poor Charles Fox. 
 See, with one hand his angry eyes he rubs. 
 And in the other holds — a five of clubs. 
 Some fools assert plurality of wives. 
 Thy doctrine was plurality of fives, 
 And by this doctrine, heterodox and rank. 
 You built a palace and you stock'd a bank. 
 But sold the palace, when no neighbour came, 
 Mark'd, while you lived there, mansion of ill-fame." 
 
 The satire then describes some female relationship 
 of Mr. Bruce, which showed the reason why respectable 
 ladies declined to visit at this mansion. Having dis- 
 charged all the gall and venom of an implacable nature 
 on the head of his victim^ the satire concludes : — 
 
 " Oh ! Heavenly Father, merciful and kind. 
 Subdue my passions, grant me peace of mind ! 
 
284 
 
 TJu Munster Circidt. 
 
 Peace with good men on earth to me be given, 
 And glory be to Thee, on high in Heav'n, 
 And if this world one atheist shall disclose, 
 The sacred balm of mercy interpose ; 
 Place him by night where he may fairly hear 
 The ravings of this wretch's guilt and fear ; 
 Atheist no more — reform'd he'll bend the knee 
 To truth and grace, to majesty and Thee." 
 
 Of course no man could rest under the lash of such a 
 libel without bringing an action against the author. 
 There was not much difficulty in discovering who the 
 author of The Nosegay was^ and proceedings were 
 promptly taken. A declaration was filed^ issue joined^ 
 and the case appeared in the list of records for the 
 Limerick Summer Assizes of 1816. A very able Bar, 
 composed of the leaders of the Munster Circuity ap- 
 peared on both sides. The counsel for the plaintiff 
 were Mr. Goold, afterwards Serjeant and Master in 
 Chancery; Mr. Pennefather, afterwards a Baron of 
 the Exchequer; a.nd Mr. Jackson^ afterwards a 
 Judge of the Common Pleas. For the defendant 
 were Mr. Burton, Daniel O'Connell, Mr. Bennett, 
 Mr. Meade Hobson^ Mr. Furlong, Mr. Smyth, and 
 Mr. O'Regan. 
 
 The jury was composed of the following highly 
 respectable Limerick gentlemen : — 
 
 Hon. George Eyre Massy^ foreman ; Edward Croker, 
 Stephen Edward Rice, the Knight of Glin, De Courcy 
 0^ Grady Thomas Rice, Michael Scanlan, Edward 
 Villiers, George Tuthill, John Greene, Robert Cripps, 
 and Alexander Rose, Esqs. 
 
 The declaration, necessarily a long one, set out such 
 
The Mimster Circuit. 
 
 285 
 
 parts of the libel as it was proposed to prove^ and the 
 damages were laid at 20^000Z. 
 
 Mr. Goold stated the case for the plaintiff, and gave 
 the formal proofs usual in case of libel. The speeches 
 for the defendant by O^Connell and Burton were very 
 much repetitions of the alleged libel, and a host of wit- 
 nesses to a considerable extent sustained the case for 
 the defence. Among these were Mr. Bolton Waller, 
 Thomas Lloyd, K.C., Mr. Webber, Mr. Evans, Mr. 
 Ryves, and Mr. Vandeleur. 
 
 Mr. Pennefather replied for the plaintiff, and then 
 the learned judge charged. 
 
 The jury, after some delay, found for the plaintiff. 
 Damages, 500L 
 
 These damages the defendant would not pay. To 
 avoid being imprisoned for debt he went to Boulogne, 
 where he died. 
 
 About the year 1820 smuggling was very extensively 
 carried on in many parts of the South of Ireland. The 
 jutting promontories, the creeks and bays along the 
 coast of Kerry and Cork favoured contraband trade, 
 and the want of an organized revenue police gave 
 great scope to the removing of goods which paid no 
 duty. Tobacco was a favourite article for smuggling, 
 and it is said many families along the coast were 
 enriched by the sums amassed which they embarked 
 in this unlawful business. 
 
 At length the Government resolved to try and check 
 it, the Custom House officials sent a revenue officer to 
 Dingle, with orders to seize the offenders and bring 
 them to trial. This officer was a Mr. Flood, who had, 
 at one time, filled a subordinate position in the Crow 
 
286 
 
 The Miinster Circuit, 
 
 Street theatre in Dublin. He possessed a great me- 
 mory for plays^ was accustomed to repeat many scenes 
 verbatim from the principal dramatists^ and success- 
 fully mimicked the most eminent actors of the day. 
 
 However active Mr. Flood might have been as a 
 revenue officer under authority, he seemed indisposed 
 to much exertion when left to himself. He preferred 
 the exhibition of his histrionic powers, and the good 
 fellowship of the Dingle youths, to watching the rough 
 sea waves, or the smuggling of cognac brandy, or 
 Havannah cigars. He got up private theatricals in 
 Dingle, and soon enlisted a numerous corps dramatique. 
 Suppers soon followed the theatricals, and Mr. Flood 
 was very ready to give as well as take. These festive 
 repasts were frequent. Fowl were scarce, they were 
 essential for the suppers, and Flood was not over par- 
 ticular how they were procured. The jovial suppers 
 despoiled many a hen-roost and poultry-yard, and 
 their frequency denoiied the conviviality of Mr. Flood. 
 
 Soon reports of his doings reached head- qua?'ters, 
 and Mr. Flood received a friendly hint that unless he 
 gave some prompt proof of his zeal for the revenue, his 
 services would be dispensed with on the Kerry coast. 
 Fortune favoured him. A wholesale smuggler, named 
 Connor, was caught in a midnight attempt to discharge 
 a cargo of smuggled tobacco. The cargo, a valuable 
 one, was seized by Flood and his men. They captured 
 forty horses, each laden with a huge bale of tobacco on 
 either side, and a third poised on the back of each 
 horse. This was a seizure to set up Flood. The in- 
 formations privately made against him were attributed 
 to malice, and he was rewarded liberally. Connor was 
 
The Miinster Ciradt, 
 
 287 
 
 lodged in gaol^ and was to be tried at the Tralee As- 
 sizes. The offence was expected to be fully proved^ 
 and that Connor would be transported for fourteen 
 years. His family at once retained O^Connell to defend 
 him in the court-house of Tralee. 
 
 The chief witness against him was Mr. Floods and to 
 incapacitate Flood from being such witness was the 
 object of Connor^s friends. They knew the disposition 
 of their man from frequent convivial association, and 
 took their measures accordingly. As the assizes came 
 on they plied him with all sorts of liquors — whisky, 
 brandy, gin, and rum. He was kept in a state of 
 maudlin drunkenness to the day of the trial. Still he 
 was not incapable of telling his tale of the capture 
 coherently. He described how he lay in ambush, and 
 arrested Connor and the contraband goods. 
 
 Having concluded his evidence, he was about leaving 
 the witness-chair, when O^Connell, in his full-toned, 
 mellifluent voice, recalled him, with, Come back, 
 Alonzo.'^ He knew Flood well as an habitue of Crow 
 Street theatre, and was well posted up in his history. 
 Flood^s stage passion was stirred, and as he sat down 
 he smiled on O^Connell, as he repeated, ^^Alonzo the 
 brave and the fair Imogene/^ 
 
 And who was your Imogene in Dingle ? inquired 
 Dan in a coaxing tone. 
 
 Flood fenced with him, but was obliged to tell, and 
 how many, and what parts he had acted. He was 
 then asked about the suppers, and the geese, turkeys, 
 chickens, and other fowl which were slaughtered, the 
 hen-roosts robbed, until at last Flood lost his temper, 
 and O^Connell gained his point. Between the drink 
 
288 
 
 The Mtmster Circuit, 
 
 and bewilderment in which he found himself^ he be- 
 came involved in a web of contradiction^ so that it was 
 impossible to credit what he said. He actually lost 
 consciousness of where he was^ and crying^ " My love^ 
 my life, my Belvidere/^ attempted to embrace O^Con- 
 nell, and thereby fell off the table, to the amusement 
 of the by-standers and the indignation of the presiding 
 judge. After five minutes^ discussion the jury acquitted 
 the prisoner, thus adding another to the triumphs pre- 
 viously gained by O^Connell on the circuit. 
 
 At the Clare Assizes in Ennis, two brothers named 
 Hourigan, were indicted for feloniously, unlawfully, 
 and maliciously setting fire to a certain dwelling-house 
 (the dwelling-house was a police barrack), with intent 
 to injure, &c. The police barrack was the property of 
 Darby O^Grady, Esq., and it was stated the barrack 
 had been ignited by means of a jar of pitch, found half 
 consumed near the burnt barrack. 
 
 O^Gonnell was employed for the defence, and by his 
 desire a skillet containing pitch was secretly placed 
 near the witnesses chair, and over this O^Connell 
 placed his broad-brimmed hat, so as effectually to con- 
 ceal it. The principal witness for the prosecution was 
 examined by Mr. Bennett, K.C. He swore ^*^that he 
 discovered the barrack on fire, and knew it was set on 
 fire by pitch, for he got the smell of it.^^ 
 
 He was then cross-examined by O'Connell. 
 
 " You know the smell of pitch, then,^^ said O^Con- 
 nell. 
 
 1 do, well," replied the witness. 
 You seem a man able to smell pitch anywhere 
 said O'Connell. 
 
The Mimster Circuit 
 
 289 
 
 AnywLere I found it/^ 
 
 Even here in this court-house, if it was here/^ 
 No doubt I would/' 
 
 And do you swear you don't get the smell of pitch 
 here asked O'Connell. 
 
 ^^I do solemnly/' replied the witness. If it was 
 here I'd smell it." 
 
 Then O'Oonnell, taking his hat off the skillet of 
 pitch, which was placed beside the witness's chair, 
 cried, ^^Now you may go down, you perjured rascal. 
 Go down." 
 
 This saved his client. The jury discredited the 
 witness. 
 
 At Limerick O'Connell had a case to defend which 
 presented slight hopes of his being able to obtain an 
 acquittal. The mode he adopted was one which few 
 would venture upon. His two clients were indicted 
 for robbery, and the case was substantially proved 
 against them. They called a young priest for testi- 
 mony as to their character for honesty. He thought 
 to make a parade of his learning by the use of big 
 words, and his replies to the usual inquiries were in the 
 most polysyllable terms he could devise. Having 
 stated their reputation for rectification of habitual 
 propriety was exemplary and commendable," Judge 
 Torrens, who chafed with irritation, as the young priest 
 rolled out each jaw-breaker, at last cut him short 
 with, — 
 
 " Come, sir, no more of this, say shortly what you 
 know of these men. Are they honest ?" 
 
 As far as my experience of their deportment, I am 
 under that impression." 
 
 u 
 
290 
 
 The Munsier Circuit, 
 
 You think they are. That comprehends a great 
 deal/^ said the judge^ still displaying temper. Turn- 
 ing to the priest^ he said^ That will do ; go down^ 
 sir!^^ 
 
 O^Connell, assuming an air of great indignation, as 
 the priest shuffled oflfthe table^ addressing the prisoners 
 in a tone of deep commiseration, said, ^^My poor 
 fellows, bigotry is on the bench, and when your ex- 
 cellent young priest has been so ignominiously turned 
 out of court, I am in despair of being able to serve 
 you. Here"'s your brief and fee.^^ He flung the brief 
 and the notes to the agent for the prisoners, and com- 
 menced putting on his cloak, muttering^ My innocent 
 clients, I despair altogether now of your acquittal ; 
 you^U be hanged, and never were men hanged more 
 unjustly. The only hope I can look to is, that, if your 
 sentence is not carried into execution before the twelve 
 judges meet, I bring this outrageous case before 
 them.'' 
 
 This had the effect intended. Judge Torrens grew 
 terrified at the notion of having acted harshly towards 
 the priest, and disclaimed any such intention. He 
 invited O'Connell to continue the defence of his clients, 
 and to this, after some pretended reluctance, O'Connell 
 assented. The case went on, and the judge, to show 
 he was no bigot, put the character for honesty given 
 the prisoners by the priest so strongly that the jury, 
 almost instantly, brought in their verdict, Not Guilty. 
 
 O'Connell was in very large practice, and few equalled 
 him in the conduct of the criminal cases he defended. 
 He was in his early years usually retained for the 
 prisoners in Limerick by one of the officials in the 
 
The Munster Circuit. 
 
 291 
 
 gaol^ and as in the days of Whiteboys and Captain 
 E/Ock these constituted a large number^ his gains from 
 this source alone must have averaged at least lOOOZ. a 
 year. 
 
 The son of Mr. Hoskins^ agent for the estates of the 
 Earl of Devon^ in the county of Limerick, was murdered 
 by a party of Rockites^ who fired at and wounded this 
 young gentleman on the 27th of July^ 1821. Several 
 men were arrested for this outrage^ as also for the 
 murder of Major Going and Mr. Christopher Sparling, 
 a respectable Palatine farmer, who was shot as he was 
 riding towards the town of Newcastle, from a farm 
 called Rourka, of which he had become tenant, the 
 former tenant having been ejected. Mr. Sparling had 
 previously been attacked in his house at Patrickswell, 
 when, aided by a young man from the city of Limerick, 
 named Samuel Cross, he beat off the Rockites, but had 
 to mourn the loss of his intrepid companion, who was 
 killed in the conflict. For this attack three of the 
 Rockites were made amenable. Two brothers, named 
 Walsh, were tried and executed after the Summer 
 Assizes in 1822, the other escaped to America, where 
 he was accidentally burned.^ 
 
 The murder of Major Going was as follows : — On 
 the 14th of October, 1821, Major Richard Going, 
 Chief Magistrate of Police of the county of Limerick, 
 who by his activity had incurred the hatred of the 
 Rockites, as the insurgents were then called, was shot 
 near Rathkeale. The unfortunate Major slept the 
 previous night at Castletown, the mansion of John 
 
 2 Lenehan's "History of Limerick," p. 450. 
 
 u 2 
 
292 
 
 The Munster Circuit, 
 
 Waller^ Esq. He liad choice of three roads^ by any of 
 which he could have reached Rathkeale ; but the 
 Rockites had determined to murder him^ and for three 
 months were on the watch to effect their fell design. 
 On this day no less than four of the gang were posted 
 on each of the roads^ so as to guard against the possi- 
 bility of his escape. Several men were arrested on 
 suspicion, and one named James Bridgman, not quite 
 twenty years old, was strongly suspected of having 
 shot the major. The Crown failed to collect sufficient 
 evidence, so he was discharged at the Spring Assizes 
 of Limerick in 1823. Luckily for the ends of justice, 
 he had not been tried and acquitted, for shortly after, 
 the missing link in the chain of evidence against him 
 was supplied; and at the Spring Assizes in 1824 he 
 was tried and found guilty. He was hanged in front 
 of the Limerick county gaol, and acknowledged he 
 was guilty. He confessed he also was the person who 
 shot Major Hare and Mr. Bushe. He was, though 
 young, a hardened miscreant. 
 
 Those of my readers who are familiar with Gerald 
 Griffin^s admirably constructed novel of The Col- 
 legians,^^ or have witnessed Mr. Dion Boucicault^s 
 excellent drama, The Colleen Bawn,^^ know the sad 
 fate of the low-born wife of a dissolute Limerick 
 gentleman, named Scanlan. Now, instead of the pages 
 of the sensational novel, or the spectacle of the theatri- 
 cal representations, the curtain rises on another scene. 
 We behold the court-house of Limerick thronged with 
 an eager, yet awe-struck crowd. On the bench sits 
 the Honourable Richard Jebb, one of the Judges of 
 the Court of King^s Bench. The bar seats are filled 
 
The Munster Circuit, 
 
 293 
 
 with counsel learned in the law. There is a jury 
 struck to make deliverance^ and give a true verdict 
 according to the evidence ; and a well-dressed^ rather 
 good-looking, gentlemanly man stands at the bar of 
 the dock, charged, that he, John Scanlan, and Michael 
 Sullivan — one Ellen Hanly, otherwise called Ellen 
 Scanlan, feloniously, wilfully, and of their malice pre- 
 pense, did kill and murder, against the peace of our 
 lord the King, his crown and dignity, and against the 
 statute in such case made and provided. 
 
 To this indictment the prisoner pleaded ^^Not guilty. 
 He was defended by two most able criminal lawyers, 
 Daniel O^Connell and George Bennett ; the counsel for 
 the prosecution being Mr. Quin and Mr. Richard 
 Pennefather. 
 
 The facts of this atrocious crime were as follows : — 
 The prisoner was of a most respectable family — son of 
 Wm. Scanlan, of Ballycahane, in the county of 
 Limerick, Esq. He had served in the Royal Navy, 
 and had formed a connexion with the young girl Ellen 
 Hanly, who was only sixteen years of age. She was 
 daughter of Michael Hanly, a farmer holding land at 
 Ballyclan, in the said county. It was reported the 
 prisoner had married his victim, and repenting of doing 
 so, resolved to get rid of her. 
 
 On the 13th of July, 1819, Scanlan, accompanied by 
 Michael Sullivan, his boatman, was in his boat at Kilrush, 
 in the county of Clare. Ellen Hanly, or Scanlan, the 
 reputed wife of the prisoner, was also with him. 
 Patrick Gaze, James Mitchell, and a man named James 
 Mangan, with Ellen Walsh, a native of the village of 
 Glin, being at Kilrush, went also in the boat, for the 
 
294 
 
 The Munster Circuit, 
 
 purpose of crossing the Shannon, in order to get home 
 to Ghn. The weather being tempestuous, and the 
 tide adverse, the boat was unable to cross the estuary, 
 so they put into Carrigafoyle, an island on the coast of 
 the county of Kerry. All the party remained that night 
 in Carrigafoyle, and the principal witness, Ellen Walsh, 
 saw Michael Sullivan force a gold ring off Ellen Hanly^s 
 finger. 
 
 Next morning Caze, Mitchell, and Mangan left for 
 Glin, Ellen Walsh remaining on the island with the 
 prisoner, Ellen Hanly, and Sullivan. The prisoner 
 requested the witness to remain on the island, assuring 
 her he would return for her when he got rid of Ellen 
 Hanly, but this witness refused. She insisted on 
 being put over the creek intervening between the 
 island and the shore, whence she could walk to 
 Glin. 
 
 The four in the boat then went across the creek. 
 While they were together Ellen Hanly showed the 
 witness several articles of wearing apparel, some of 
 which she wore, others were contained in a small round 
 trunk she had on board. She also showed witness a 
 gold ring. After landing, the witness set off for Glin, 
 leaving Scanlan, Sullivan, and Ellen Hanly together in 
 the boat. Early next morning witness saw both John 
 Scanlan and Michael Sullivan at Glin. Ellen Hanly 
 w^as not with them. They stated ^Hhey had left her at 
 Kilkee.'*^ The witness noticed the ring which Ellen 
 had shown her on Sullivan's finger. In a few days she 
 saw with Mary Sullivan a silk handkerchief, a grey 
 mantle, and other articles. These were produced at 
 the trial, and she identified them as the articles of 
 
The Munster Circuit. 
 
 295 
 
 dress slie saw in the possession of Ellen Hanly at 
 Carrigafoyle. 
 
 These articles were shown to the next witness pro- 
 duced^ Mary Sullivan. She swore she got the grey 
 cloak from her brother Michael^ who told her he bought 
 it. It was taken out of a round trunk in the pos- 
 session of John Scanlan. Scanlan gave this witness 
 several articles of female dress. She saw a plain gold 
 ring on her brother^s finger^ and a figured ring on 
 Scanlan's finger. Scanlan had money. Witness saw 
 four guineas^ and a red leather purse. Witness never 
 saw any woman^s clothes with either Scanlan or her 
 brother until they came to Glin. Heard that Pat 
 Scanlan^s wife had silk stockings and a silk handker- 
 chief. Michael Sullivan told the witness the names of 
 all the party who reached Carrig Island. Some days 
 later she asked Scanlan where the young woman 
 was He said he left her at Kilrush.^^ In a week 
 later he said " she was at Kilkee with his sister. 
 Witness took a letter from Scanlan to his father at 
 Ballycahane. She saw his sister there, but not the 
 young woman. On her (witness's) return from Bally- 
 cahane, she told the prisoner ^^that his sister was 
 there, but the young woman was not.''^ Oh, no,^^ he 
 replied, she's gone off with the captain of a ship.-*' 
 
 Grace Scanlan, wife of Pat Scanlan, deposed to 
 Michael Sullivan giving her a yellow silk sponsor, a 
 sprigged skirt, a pair of silk stockings, a silk handker- 
 chief, and a pink handkerchief. She saw a trunk with 
 a round lid. She also saw ten guineas in Scanlan^s 
 possession, and a five-pound Bank of Ireland note. 
 Saw the rings on the fingers of both Scanlan and Sul- 
 
296 
 
 The Munsier Circuit, 
 
 livan. Witness asked Scanlan if he should ever see 
 his lady again. He replied she was at Kilkee witli 
 his sister/^ Witness expressed her surprise that Scan- 
 lan allowed Sullivan to make so free with her clothes/* 
 He then said the young woman had misbehaved with 
 a captain of a ship/^ Once or twice she heard Sulli- 
 van ask the prisoner for money. On being refused^ 
 Sullivan said I have as much right to it as you 
 have/' 
 
 From the 13th of July to the middle of September^ 
 no trace of Ellen Hanly, alias Scanlan, could be dis- 
 covered. Whether she had, in truth, gone off with a 
 captain of a ship, or was dead and buried, was not 
 known : but three men from Moneypoint, a small 
 village near Kilrush, engaged in preparing their fishing 
 gear on the estuary of the Shannon, at Carndalla, in 
 the parish of Killena, in the county of Clare, observed 
 a small heap covered with sea-weed and slime. This, 
 on examination, proved to be the fast-decaying remains 
 of a female, little past the age of girlhood. There was 
 nothing on the person but a small bodice. Her features 
 were barely recognizable \ but remarkable teeth in the 
 upper jaw, on either side of the small mouth, yet held 
 out some hope of identification. That the poor young 
 creature came by her end by murder most foul was 
 evident, for the instrument of strangulation was there ; 
 a rope still kept its fatal place tight round that fair and 
 slender neck. At the loose end was a loop as for a 
 stone. The sad discovery was quickly reported to the 
 Knight of Glin, and, together with two other magis- 
 trates, the Rev. George Warburton and Thos. Odell, 
 Esq., they held an inquest on the 10th September, 
 
The Munster Circuit, 
 
 297 
 
 1819^ upon the remains. Ellen Walsh^ already men- 
 tioned^ attended the inquest. She felt no difficulty in 
 identifying the body as that of Ellen Hanly ; and the 
 jury^ having heard all the evidence then attainable^ 
 returned the following verdict : — 
 
 We find^ on view of the body buried on the shore 
 at Carndalla^ that the woman exposed to our view was 
 murdered. 
 
 We find that such murder was committed on the 
 river Shannon. 
 
 We find that such murder was effected by strangling 
 the body with the rope found about her neck. 
 
 We find that such murder was committed by John 
 Scanlan or Michael Sullivan^ or by both.''^ 
 
 The finding of the body created the most intense 
 sensation throughout the country. Scanlan was ar- 
 rested at a friend^s house^ where he was on a visits 
 little suspecting the shore of the Shannon had already 
 given up its dead. On the warrant of the Mayor of 
 Limerick (for the Shannon is within the jurisdiction of 
 the city)^ he was committed to the city gaol. The 
 young victim of this foul deed had resided for some 
 time in the city^ having been adopted by an uncle^ 
 named John Connery^ a ropemaker. While with him 
 she contracted her unhappy marriage^ having made 
 acquaintance with Scanlan at Garryowen. 
 
 The case for the prosecution was too clear^ and 
 public sympathy too strong, for much chance of any 
 disagreement of the jury^ much less an acquittal. Both 
 O'Connell and his able and respected colleague^ Mr. 
 Bennett^ did all they could in cross-examining the 
 witnesses to elicit discrepancies and contradictions in 
 
298 
 
 The Munster Circuit, 
 
 their statements, so as to raise a doubt as to their 
 credit; but it was impossible to beat down the facts. 
 
 The jury, without hesitation, found the prisoner 
 guilty, and he was sentenced to be hanged in forty- 
 eight hours. He did not anticipate that his sentence 
 would be carried into effect. His family were highly 
 connected, and immediately on his conviction a relation 
 started on horseback to procure signatures to a memo- 
 rial for the judge, to obtain a respite of his sentence. 
 The memorial was not only signed by a large number 
 of most influential gentlemen, but many of them went 
 to present it to Judge Jebb. It produced no eS*ect. 
 His lordship informed the deputation he had pro- 
 nounced a like sentence upon an illiterate, humble 
 man, whose offence was much inferior in enormity to 
 that of Scanlan ; and how could he execute the one 
 and respite the greater criminal ? The law must take 
 its course. 
 
 It is said Scanlan was permitted the use of his 
 family coach to convey him to Gallows Green, but the 
 horses refused to stir. Neither blows nor entreaties 
 could persuade them to draw him to the place of 
 execution. Some tenant of the prisoner's family ar- 
 riving in Limerick with loads of hay, allowed two of 
 his horses to be harnessed, and lo ! on crossing Balls 
 Bridge, they both lay down, and no whip or efforts 
 would make them move, so the unhappy youth (he was 
 only twenty-three years of age) had to walk in his 
 mournful procession to the gibbet. He professed the 
 Protestant faith, and was attended to the gallows by 
 the Rev. Henry Gubbins. As all through he protested 
 his innocence, the clergyman, at the last moment, 
 
The Munster Circuit. 
 
 299 
 
 bade him ^^make his peace with God, and tell the 
 truth/^ He replied^, I suffer for a crime in which T 
 did not participate. If Sullivan be found, my inno- 
 cence will appear/^ He was immediately after launched 
 into eternity, 
 
 Sullivan was arrested, and tried at the Limerick 
 Assizes in 1820, before the Eight Hon. Charles Kendal 
 Bushe, when the same evidence was called, with a like 
 result. He was convicted, confessed his guilt, and was 
 executed. 
 
300 
 
 The Munster Circuit., 
 
 CHAPTER XXI. 
 Tragical fate of the Franks Family. 
 
 For nearly the entire first quarter of the present cen- 
 tury, bands of lawless men, named Whiteboys or 
 Eockites, disturbed the peace of the Munster Circuit. 
 They went in gangs, usually with veiled or blackened 
 faces, wearing white skirts oc women^s petticoats over 
 their clothes, whence they were called wKite boys. They 
 visited the houses of farmers who had taken land from 
 which the former tenant was evicted, and either mur- 
 dered or ill-treated the new tenant and his family. 
 Sometimes their atrocity induced them to burn the 
 house and all that were within. Sometimes they con- 
 tented themselves with putting the farmer to his oath 
 not to hold the land, or merely took any fire-arms that 
 happened to be in the house. During the greater part 
 of this disturbed time, my father discharged the duty 
 of accommodating the troops detached from the head- 
 quarters garrison of Fermoy, in the county of Cork, 
 where he was barrack-master, and at one period no less 
 thail twenty-two of these out-stations had to be visited 
 by him once a month. He was of active habits, and 
 usually rode unattended, often traversing the country 
 at night when returning from distant stations. Though 
 he often encountered parties of Whiteboys, he was so 
 
The Mtmster Circuit, 
 
 301 
 
 popular lie never was molested. That lie was well 
 known as an officer on duty was evident. Good 
 luck to ye ! captain^ you're on your duty/^ was the usual 
 salutation. 
 
 In the month of September^ 1823, a report was made 
 to him of a frightful murder in his district, and, 
 accompanied by General Sir Thomas Arbuthnot, 
 K.C.B., commanding the Fermoy garrison, and the 
 late Mr. James Plunkett, afterwards Q.O., then on 
 a visit to my father, he started for the scene of the 
 outrage. 
 
 The road from Fermoy to Kildorery runs near the 
 river Funcheon, and a small road, or bohereen, leads 
 to a place called Lisnagourneen, between Rockmills 
 and Kildorery. Not far from Lisnagourneen stood a 
 house of more elaborate architecture than the farm- 
 houses in the country. It was not quite completed at 
 this time. It was occupied, however, by a family of 
 the name of Franks, consisting of father, mother, and 
 only child — a son grown to manhood — and their ser- 
 vant girl. They were respectably connected, the head 
 of the family residing at the ancestral seat, Oarrig, near 
 Mallow. Mr. Franks, the occupant of the house near 
 Lisnagourneen, was employed in farming, and also 
 acted as agent over part of the vast estates of the Earl 
 of Kingston. 
 
 His only son — a well-looking, well-conducted youth 
 — also attended to the farm, and was deemed a good 
 match in the country. He found favour in the affection 
 of a Miss Kearney, reputed an heiress. Her property 
 was a large farm, held by her late father, who had died a 
 few years before 1823. Her step-sister by his first wife 
 
302 
 
 The Munster Circuit, 
 
 was married to Mr. Keeffe^ who managed tlie farm, and 
 looked with jealousy upon any suitor to this Miss 
 Kearney, who^ if she was married^ might deprive him of 
 the rights and emoluments he then enjoyed. As Miss 
 Kearney plainly saw the object of Mr. Keefife was to 
 oppose her marriage, and that her only chance of 
 getting her property into her own control or enjoyment 
 was to get a husbaud, she was disposed to favour the 
 suit of young Mr. Franks ; and^ as she did not wish to 
 deprive her step-sister of the house in which she lived 
 with Mr. KeeflPe, it was arranged that during fche life of 
 her sister young Mrs. Franks would reside with her 
 husband^s parents. In order to provide a suitable 
 dwelliug for his wealthy bride, -joxm^ Mr. Franks 
 employed a contractor to build the house near Lis- 
 nagourneen. The old couple, who liked their future 
 daughter, eagerly watched the progress of the building. 
 They looked forward to happy days passed in the society 
 of their beloved children, and, as the work drew near 
 completion, thought to hasten the workmen by partially 
 occupying the house. 
 
 The parlour was not deemed sufl&ciently dry for 
 dwelling in with safety, so the family had their meals 
 in the kitchen and slept in the bedroom upstairs. They 
 were homely in their habits and of domestic tastes. 
 They sat at their humble dinner on that September 
 evening, and, when the shades of coming night darkened 
 the room, a candle was lighted ; and we may well imagine 
 they were happy together. This tranquillity was rudely 
 broken. Two men of threatening appearance entered 
 the kitchen. One bore a formidable horseman^s pistol ; 
 the other had the dreaded symbol of Whiteboys — a 
 
The Munster Circuit. 303 
 
 shirt over his clothes. The servant-girl^ Mary Myers, 
 crouched under a table near the wall, where the light 
 did not penetrate, and there, herself unseen, beheld 
 and heard all that occurred. The men roughly de- 
 manded the firearms in the house. 
 
 I declare to God ! replied Mr. Franks, there are 
 no arms of any sort in the house.^^ 
 
 No ! indeed,^^ said his son, they are all at Mr. 
 Smyth^s, at Castle Widenham, but we can send for 
 them,^and you shall have them.^'' 
 
 Several stout-looking men now blocked up the little 
 hall, evidently of the same gang, for one, dressed in a 
 green coat, with white trousers, who seemed the com- 
 manding ofiicer, hearing what young Mr. Franks said, 
 instantly exclaimed, ^Tis not for arms you want to 
 send, but for the soldiers. Come in, boys, and do your 
 duty.^^ At this order nine or ten more rushed into the 
 kitchen. They were armed, and, as they raised their 
 guns, poor Mrs. Franks cast herself before her son so 
 as to shield him from the contents of these weapons. 
 One of the ruffians seized her, threw a white apron 
 round her head, and strangled her. Father and son 
 were instantly shot dead, and then, happily for her, not 
 seeing the terrified servant, the murderers departed. 
 
 What a sight was presented to my father and his 
 companions when they entered that cottage next day ! 
 The three bodies of father, mother, and son lay as they 
 fell. The little room was soon filled by magistrates, 
 police, and the peasantry, all horror-stricken at the 
 fearful crime. Of course it was a Whiteboy ofience, 
 and many reasons were assigned for the perpetration. 
 The Rev. Dr. Woodward, rector of the parish of Glan- 
 
304 
 
 The Munster Circuit, 
 
 worth, ascribed it to Mr. Franks having had to deal 
 harshly with several of the defaulting tenants on the 
 Kingston estates. Others thought Mr. Keeffe, who^ it 
 will be remembered, was married to the half-sister of 
 Miss Kearney, might have employed the murderers to 
 remove the y^ung suitor out of the way. The police 
 were soon at work, and, at the Spring Assizes for the 
 county of Cork, held on the 9th of April, 1824, three 
 men, brothers, named Patrick, Maurice, and John 
 Cronin, were indicted before Mr. Justice Torrens for 
 these barbarous murders. 
 
 The chief evidence against the prisoners was that 
 unreliable one — an approver. His name was Edward 
 Magner. He swore that the prisoners were the men 
 who asked him to join in the murder of the Franks 
 family. That he consented to go with the party, and 
 they all went to the new house. He disguised himself 
 by wearing a woman^s cap and a gown. Patrick 
 Cronin, one of the prisoners, had on a shawl and an 
 apron. The Cronins had for arms bayonets on sticks. 
 He carried a pistol. When he entered the kitchen, the 
 father, mother, and son were sitting round a table. A 
 lighted candle and a jug were upon it. They asked for 
 fire-arms. Mr. Franks said ^^they had none in the 
 house, that they had sent them to Mr. Smyth^s, but he 
 would send for them."*^ They tied a shawl round 
 Mrs. Franks^s face, to hinder her from shouting while 
 they were shooting the rest. Patrick Cronin flung the 
 jug at Mr. Franks^s face, and then witness fired his 
 pistol at him. It was loaded with slugs. Patrick 
 Cronin struck Mr. Franks with the poker, when he 
 fell. Young Mr. Franks took up a chair to try and 
 
The Miinster Circuit, 
 
 305 
 
 defend himself, but a blow broke his arm. He was 
 then beaten till he died. Mrs. Franks was strangled. 
 The three prisoners took an active share in the killing. 
 This evidence was^ in the main^ fully corroborated by 
 Mary Myers^ the servant. 
 
 Dr. Piddel^ of Kildorery^ proved he examined the 
 three bodies. Mr. Franks^ senior^ had been shot in the 
 breast; his skull also was fractured. Mr. Franks, 
 junior, had his arm broken, and his head showed some 
 wounds. Mrs. Franks died, from suffocation. 
 
 The jury found the three prisoners guilty of wilful 
 murder, and they were executed. They in the most 
 solemn manner protested their innocence of the 
 crime. 
 
 Suspicion still clung to Mr. Keeffe, and he, together 
 with a man named Thomas Bourke, were tried at the 
 Autumn Assizes for the county of Cork, on the 18th 
 August, 1825, charged before Baron Pennefather with 
 the triple murder. In stating the case for the pro- 
 secution, Mr. Serjeant Goold alluded to the fact of 
 Mr. Keeffe^s connexion with the Kearney family, and 
 his being opposed to the match between Miss Kearney 
 and the deceased young Mr. Franks. The character of 
 the Franks was that of being severe landlords, and the 
 learned serjeant described the outrage as I have already 
 related it. 
 
 Timothy Murphy, another approver, gave evidence 
 in this case. He was examined by Mr. Quin. He 
 identified the prisoner, Thomas Bourke, as one of the 
 gang who committed the murder, but did not recognize 
 Keeffe. O^Connell defended the prisoners, and obliged 
 Murphy, the approver, to admit his participation in so 
 
 X 
 
3o6 
 
 The Munster Circuit. 
 
 many deeds of guilt that Baron Pennefather said it 
 was unnecessary to cross-examine him further/^ 
 
 A witness named Glover identified Keefi*e as having 
 been present at the murder. He^ however^ was not 
 deemed a trustworthy witness. He admitted, on cross- 
 examination by O^Connell, that he was employed in 
 Mr. Franks' service, that for several days before the 
 murder he knew of the intended crime, yet he gave no 
 hint or warning to his master.^^ 
 
 Mary Myers, the servant-maid, also identified Keeffe 
 as one of the persons who were present on that fatal 
 night when she lay under the table. On cross-exami- 
 nation by O'Connell, she broke down by admitting 
 
 that on two occasions she swore she did?io^ see Keeffe 
 that night. 
 
 Edward Magner, a witness in the former trial, was 
 also examined, but his connexion with the Whiteboys 
 rendered him worthless as a Crown witness. 
 
 O^Connell called respectable gentlemen as to cha- 
 racter for his clients. They all concurred in their belief 
 that Mr. Keeffe and Thomas Bourke were both men of 
 excellent character, and not likely to have aided in the 
 perpetration of this atrocious deed. The jury fouad 
 them not guilty. 
 
 For years the fate of the Franks formed a subject of 
 conversation in the rural district, and I trust never 
 again shall this peaceful neighbourhood be sullied by 
 so terrible a crime. 
 
TJu Munster Circuit . 
 
 307 
 
 CHAPTER XXII. 
 
 The Doneraile Conspiracy. — Impressive Statement of the 
 Solicitor- General. — John Doherty. — Conviction of the Four 
 Men first tried at the Special Commission in 1829. 
 
 The Doneraile Conspiracy^ so alarming in its iBrst pro- 
 portions^, so despicable in its last results, forms a 
 prominent narrative in our legal history. Doneraile is 
 a well-built and thriving country town in the northern 
 part of the county of Cork, a few miles from Mallow, 
 but a short distance from the garrison town of Butte- 
 vant. Close to the town is the stately mansion of the 
 St. Legers, Viscounts Doneraile ; and the country seats 
 of the county families of Morrough, Creagh, Norcott, 
 Hill, Stawell, Evans, and others lie scattered around. 
 These seats, at this period of our history, were occupied 
 by a dashing, fox-hunting, steeplechase-riding race, 
 the elite of the Duhallow Hunt, and all .belonging to 
 the Protestant Church. They always voted for the 
 candidate for the representation of Cork county who 
 would oppose Catholic emancipation, and, as that was 
 the question of the day, were undoubtedly looked upon 
 with dislike by the lower orders of the peasantry. The 
 propensity of the people for the possession of fire- 
 arms induced gangs of Rockites to plunder any house 
 in which weapons were kept, and their having them was 
 
 Y o 
 
3o8 
 
 The Munster Circuit, 
 
 but the prelude to using them. The details which I 
 have lately given of the murder of Major Going, Mi\ 
 Hoskins, and others in Limerick^ and the Franks family 
 inCork^ show how savagely these lawless men carried out 
 their fell designs when they resolved to slay the object 
 of their hate ; and one of the local gentry in the neigh- 
 bourhood of Doneraile, Mr. George Bond Low, a magis- 
 trate and Baronial High Constable, was a marked man 
 for popular aim. He had been several times fired at, 
 and on each occasion showed a brave and intrepid 
 spirit. On returning one day from a country fair two 
 Eockites, concealed by a ditch, fired at him as he rode 
 past. They missed Mr. Low, but wounded his horse. 
 He quickly threw himself off the poor animal, and, 
 climbing the bank, saw his assailants running away. He 
 fired a pistol at the nearest, but the ball fell short, so Mr. 
 Low gave chase. When he got close to them they halted, 
 turned, and fired at their pursuer. They again missed, 
 and he rushed on them, and when within range fired and 
 shot one of the assassins. He then closed with the other, 
 who grappled with him, but Mr. Low was a large, powerful 
 man, and he succeeded in making the Rockite prisoner. 
 
 At the Cork Summer Assizes, 1829, this man was 
 indicted before Chief Baron O^Grady for firing at 
 Mr. Low with intent to murder him. He was found 
 guilty and executed. 
 
 Mr. Lovv^s courage and daring in bringing the mis- 
 creant to justice made him very unpopular, and in 
 song and story he was mentioned with animosity. A 
 ballad with the refrain — 
 
 " Three cheers for the man who gave the blow ; 
 That broke the pate of George Bond Low " — 
 
The Munster Circuit, 
 
 309 
 
 was popular, and a man named Patrick Daly, com- 
 monly called the spy/ Maid the following information 
 before Colonel Hill, an active county magistrate of 
 Doneraile : — 
 
 Deponent sayeth — that some time ago this deponent 
 was at the house of Denis Duame, publican, of Done- 
 raile, in company with Daniel Keeffe, of Ballynere, and 
 Darby Morrison, of Wallstown, and at an adjoining 
 table were sitting Eichard Griffin, of Wallstown, and 
 John Magner, son-in-law to William Plinn, of Done- 
 raile, William Plinn, junior, and a fourth man unknown 
 to informant. That in conversation Daniel Keeffe 
 asked John Magner to lend him a gun. The latter 
 asked ^ for what purpose, and if for fowling.^ Keeffe 
 replied, ^ Suppose so.^ Magner answered, ^ A bad 
 fowler you are.'' Keeffe observed, * Better than you, 
 for the last Bird you fired at yoii missed! Darby 
 Morrison then asked, ^What Bird do you mean ? ^ 
 Magner then acknowledged, ^ that George Bond Low 
 was the man. I do not deny that I fired at him and 
 missed him ; but, by the virtue of my oath, I have 
 another charge ready for him, and the first opportunity 
 I will be at him. If I cannot get the opportunity, 
 others will, as there is not a man of ours at Wallstown 
 and Droomdur who will not be ready to shoot him. 
 You ought all to join in it, and, Daniel Keeffe, you may 
 get the gun from John Keeffe which we took from 
 Mr. Pennell/ Some more conversation passed, and 
 the party separated. 
 
 Informant saith that on Thursday, March 5th inst., 
 he went to the house of Thomas Desmond, near Mil- 
 town, farmer, whom informant knew to be a captain of 
 
310 
 
 The Munster Circuit, 
 
 Whiteboys, and remained there till Saturday^ 7tli 
 March j that informant has been in the confidence of 
 Desmond for some time past, and has seen him round 
 with Whiteboys ; that Desmond acknowledged to infor- 
 mant that there were many pikes lately made by Patrick 
 Regan, of Newtown, and John Hare, of Corline, black- 
 smiths; that they were given to himself, Cornelias 
 Brusnahan, of Ardglas, farmer, and Daniel Corkery, 
 near Shardrum, farmer ; that they paid the smith for 
 making them ; that if they wanted one thousand pounds 
 they would get it from Mr. Murphy, priest of Newtown, 
 and that it was some of the Catholic rent which was 
 kept by the priest for that purpose, and by whose 
 orders Desmond acknowledged the pikes were made. 
 Thomas Desmond further informed deponent that the 
 pikes were distributed by him, Brusnahan, and Corkery 
 to such of their friends as could be depended on. 
 Informant saith that the priests, since Counsellor 
 O^Connell^s business, directed the people to provide 
 arms and pikes, and to be ready when called upon. 
 Informant further saith that he met William Nolan 
 yesterday, 10th March, on the farm of Cornelius 
 Garvin, at Knockanard; that he acknowledged to 
 informant that he, with Edward Yowell, of Eathclare, 
 and Edward McGrath, of Sag, were the persons who 
 took Mr. Coote^s double-barrel gun from the barn at 
 Knockanard on Friday night; that Thomas Howell, 
 labourer to Mr. Coote, gave information that Mr. 
 Coote left the gun in the barn, and that Nolan, 
 McGrath, and Vowell the same night broke open the 
 barn door and took the gun, which Nolan acknow- 
 ledged to informant that he had in his care.^^ 
 
The Munster Circuit, 
 
 311 
 
 This information is a sainple of the lawless state of 
 the country as reported by Daly and his companions. 
 Soon^ however, it was sworn that a number of men had 
 conspired to assassinate Admiral Evans, Mr. George 
 Bond Low^ and Michael Creagh, Esquire, and when 
 Dr. Norcott, of Doneraile, with his daughter^ were 
 returning one night from a party at Old Town, the 
 residence of Admiral Evans, between the hours of ten 
 and eleven o^clock, on a road near Ballivonere bridge, 
 two persons fired at the carriage, wounding the coach- 
 man and footman on the box, and sending several balls 
 through the carriage. There was, shortly after, a 
 meeting of magistrates held in Doneraile, the High 
 Sheriff, Michael Creagh, Esq., in the chair, and sub- 
 scriptions were entered into, and a large reward — 
 which, with 200Z. from the Lords Justices, amounted to 
 732/. — was ofiered for the discovery of the perpetrators 
 of this outrage. The informations of Patrick Daly 
 soon caused the arrest of several persons, who were 
 committed for trial ; but it would appear that Chief 
 Baron 0' Grady, in his charge to the Grand Jury of the 
 county of Cork, at the Summer Assizes of 1829, did 
 not entertain as firm a belief in the guilt of the parties 
 accused as the Doneraile gentry did. He said that 
 he perceived that seventeen persons were charged 
 with having participated in this conspiracy. If bills in 
 the case should go before the Grand Jury, and he was 
 not certain that they would, he besought that they 
 should not be found without their having received the 
 weightiest consideration.^^ The bills were sent before 
 the Grand Jury and quickly found, and the prisoners 
 were desirous of being tried ; but, upon calling over the 
 
312 
 
 The Munster Circuit, 
 
 jury panel of 160 persons, only thirty-one answered to 
 their names. The Crown Counsel asked for a delay, to 
 enable the sheriff to procure the attendance of jurors ; 
 but the Chief Baron did not wish to prolong the 
 assizes, so he would only agree to postpone the cases 
 to the following assizes. This, however, did not suit 
 the anxiety of the Doneraile gentry, and, aware of the 
 lawless state of the country, we can hardly be surprised 
 if they applied to the Irish Government for a special 
 commission to try the conspirators and secure the 
 public peace. The application was successful. Baron 
 Pennefather and Judge Torrens were nominated the 
 judges for trying the prisoners, and Mr. Doherty, 
 Solicitor-General, was directed by the Government to 
 conduct the prosecution. Mr. Doherty was a strikingly 
 handsome man, as some one said, Over six feet high 
 and every inch a gentleman.'^ He had an excellent 
 voice — clear, distinct, and melodious. He possessed 
 considerable talent for speaking, and had much ex- 
 perience as a member of the Leinster Circuit. He had 
 been called to the Bar in 1808, and was considered to 
 resemble his kinsman, the Right Hon. George Canning. 
 He was member of Parliament for Kilkenny, and, on 
 the elevation of Lord Plunket to the Bench in 1827 as 
 Chief Justice of the Common Pleas, Mr. Joy became 
 Attorney-General, and Mr. Doherty Solicitor-General. 
 Associated with Mr. Doherty in the conspiracy cases 
 were the usual Crown prosecutors in the Munster 
 Circuit, Serjeant Goold and Mr. Bennet, K.C. ; to these 
 was added Mr. R. W. Greene, K.C. 
 
 On the 21st of October, 1829, the county court-house 
 of Cork was densely thronged. In the body of the 
 
The Munster Circuit. 
 
 313 
 
 court, and along the galleries^ in the Grand Jury box, 
 and in all the avenues, county gentlemen clustered 
 thick as bees in a hive, but the lower orders were con- 
 spicuous by their absence; not a frieze coat was visible. 
 The commission being opened, Baron Pennefather 
 charged the Grand Jury ; additional bills were sent up. 
 The prisoners were twenty-one in number, and when 
 their agent, Mr. FitzGerald, stated they were without 
 counsel, the Solicitor- General at once said, If the 
 attorney for the prisoners would name any two gentle- 
 men of the Bar, the Crown would take care they were 
 remunerated.'^ Messrs. Francis McCarthy and David 
 R. Pi got, barristers, were then assigned for the defence. 
 Of these gentlemen Mr. McCarthy was many years the 
 senior. He possessed considerable talents, was clear 
 and logical in his statements, and had a good deal of 
 experience as a practitioner on the Munster Circuit. 
 He was an excellent speaker, and always put his client^s 
 case in the most favourable light. His tastes were 
 literary and convivial, like those of his friend and 
 boon companion. Dr. Maginn. Mr. McCarthy was 
 much respected by his brethren on circuit. 
 
 Mr. PiGOT was born near Kilworth, in the county of 
 Cork, and in his early life studied medicine. His father. 
 Dr. Pigot, was a respectable member of that profession. 
 Changing from physic to law, he, David R. Pigot, 
 became a pupil of the eminent pleader, Mr. Tidd, who 
 soon discovered the aptitude of his Irish law student. 
 Mr. Pigot intended to remain in London, and get called 
 to and practise at the English Bar ; but a friend, the 
 late James Plunket, Q.C., aware how few of his con- 
 temporaries in Ireland equalled him in the knowledge 
 
314 
 
 The Munster Circuit, 
 
 of law^ especially in the science of special pleadings 
 induced him to forego this intention and to practise at 
 the Bar of his native land. Few law students took 
 such great pains to acquire, not only a profound know- 
 ledge of his future profession, but the most attractive 
 mode of addressing judges and juries as Mr. Pigot did. 
 
 At his residence, the Park, near Kilworth, he had in 
 his study a cheval-glass, before which he practised 
 attitudes, and his phraseology was remarkable for 
 flowery and choice expressions. Though no better 
 man could be selected for a law argument to the Court, 
 or to address a jury in a nisi prius case, he was totally 
 unfit for the defence of the Doneraile conspirators. 
 He had little experience on circuit, being but three 
 years called to the Bar. He had less in criminal cases, 
 and therefore was utterly unable to tackle the hardened 
 miscreants who came recklessly on the table, ready to 
 swear away the lives of those who were objects of their 
 hostility, eager only to clutch the rewards offered for 
 their condemnation. 
 
 A jury — highly respectable men, no doubt, but 
 exclusively Protestant — was impanneled, and four men, 
 Leary, Shine, Roche, and Magrath were given in 
 charge. Leary was about seventy years old. He was 
 tenant to Mr. Creagh, father of the High Sheriff, whom 
 it was sworn he was resolved to murder. He had been 
 paying 220Z. a year rent for over twenty years, and 
 was greatly esteemed by his landlord. Shine was 
 brother to a tenant of Captain Creagh, on whose land 
 he lived. Magrath was brother to the man hanged at 
 the previous Cork Assizes for the attack on Mr. Low, 
 and Roche was a farm labourer, with somewhat doubtful 
 
The Miinster Circuit. 
 
 31S 
 
 character. The impression in court was^ that it was 
 not fair to put such a respectable man as Leary on trial 
 with those whose character did not stand so high as 
 his. 
 
 The Solicitor-General stated the case. He said, 
 " The prisoners at the bar stand indicted under an Act 
 of the Irish Parliament passed in the year 1796, and 
 Leary for an offence committed under an Act passed in 
 the year 1798, for proposing, soliciting, inciting, per- 
 suading, and instigating to the commission of murder, 
 both which Acts made capital the offences under which 
 the prisoners at the bar stood charged. These Acts, 
 severe in their nature, arose out of the disastrous state 
 in which society was placed in this country; and I re- 
 gret to state that my own personal observation obliges 
 me to bear testimony to the salutary effects which these 
 laws — so severe in their operation, but called for by 
 the peculiar habits of the people — produce, and in- 
 stances of whose utility the records of this very Court 
 can produce. Gentlemen, if you had the good fortune 
 to be present yesterday when his Lordship addressed 
 the Grand Jury, I should not find it necessary to dwell 
 on the circumstances in which we are placed. It was 
 done in a move able and eloquent manner than I can 
 imitate. When I inform you that, at the last assizes 
 held in this city, true bills were found by the Grand 
 Jury against twenty-one individuals, charged with a 
 conspiracy to murder a number of gentlemen of this 
 county, and when, by fatal and untoward circum- 
 stances, no trial took place, you will feel, notwith- 
 standing the inconvenience it may be to many of you 
 to be summoned from your homes at this season, that 
 
3i6 
 
 The Mtinstei^ Circuit. 
 
 Government did no more tban its duty in instituting 
 this inquest. They owed it to the county whose 
 character was stained by such a charge — they owed it 
 to the gentlemen who were the objects of the alleged 
 conspiracy— and ^ above all^ they owed it to the indi- 
 viduals who lay under the weight of this grievous 
 imputation^ to bring it to a speedy and final issue. It 
 is a charge that bears heavy on individuals^ not few in 
 number^ not low in life^ to whom liberty is dear and 
 character is valuable^ and who labour under a stigma 
 for which two successive Grand Juries pronounced 
 there were no tritiing grounds^ but sufficient warranty 
 to send it for the consideration of a petty jury. ^^Tis a 
 case in which^ if well founded^ every man''s interest is 
 involved ; but^ of the many considerations bound up 
 with the inquiry all others fade before the high 
 ^normity^ the branchiug extent^ and the atrocity of the 
 crime itself. It does not confine itself to the persons 
 now on their trial, but, if established, tends to prove 
 what does not alone exist in the present charge, but 
 grows out of a system ruinous, extensive, and deso- 
 lating. This it is that gives it its principal im- 
 portance; and with this view of it, if it be unfounded, 
 the gentry cannot be too soon disabused of the opinion ; 
 but, if otherwise — if it do flow from a system, and be a 
 consequence of an association— it is high time that 
 other associations be formed to counteract their in- 
 fluence, and I confidently predict the period is now 
 arrived to look at the evil boldly. Let us to-day, if 
 the county be traduced, refute the calumny; but if 
 associations exist whose members, bound bv oaths 
 taken in blasphemy and supported by bloodshed. 
 
The Munster Circuit, 
 
 317 
 
 attempt to domineer over all that is respectable in the 
 land^ you cannot be too steady and prompt in deciding 
 whether you are determined to bow down to the iron 
 tyranny of this vulgar despotism^ or whether your 
 proud gentry and noble yeomanry will rally round each 
 other and support the laws, which^ if put into strenuous 
 and determined operation, will be fully sufficient for 
 the most ample redress and protection/^ Having next 
 alluded to the crimes charged in the indictment^ the 
 Solicitor- Genera] continued: ^^What a contrast do these 
 proceedings of ruffian legislation form with the admi- 
 nistration of the wholesome laws of the land ! Look at 
 this trials of which there has been full notice, held in 
 the open face of day^ presenting no crime fancifully 
 got up, the making of a speech, or conduct towards 
 tenantry a subject of inquiry, and say what is it 
 beside the dark tribunal of secret conspiracy that con- 
 demns without trial and executes without notice ? 
 The prisoners had the selection of a jury, any of whom 
 they could set aside on sufficient cause being shown — 
 a right which they may in many instances exercise to a 
 capricious extent ; and some of the prisoners on trial, 
 to prove that nothing was wanting in the way of equal 
 justice, had able counsel assigned to them, to place 
 them on an equality with their accusers, and enable 
 them, if they could, to rebut their testimony. I would 
 not unduly press on the prisoners at the bar when I 
 come to comment on their conduct. I mistake myself 
 if I have no feeling for their situation ; but I have the 
 opinion of one of the wisest men on the Bench to 
 countenance me in saying that, while we feel for the 
 accused, we must not forget what is due to the country. 
 
3i8 
 
 The Munsier Circuit, 
 
 and to all those who are disturbed in the quiet posses- 
 sion of their homes, their properties, and their lives. 
 I now address myself particularly to the people — 
 not in the mischievous sense in which that term 
 'people' is too frequently used — and to tell them 
 that even the low populace are as interested, if not 
 more so, than any other class of the community in 
 putting down this spirit of murderous communion of 
 which they themselves are the most miserable vic- 
 tims, subjecting them, as it does, to the loss of all 
 that is dear and respectable, rendering them outlaws 
 and fugitives, nightly marauders, bound by the blas- 
 phemous sanction of an oath to do the will of some 
 cautious and cowardly leader, who plans the crime but 
 shrinks from the responsibility/^ He then went into 
 very minute details of the conduct of each prisoner, their 
 offences, and the way in which he expected to prove 
 their guilt. He stated the law of conspiracy, and the 
 way he proposed to corroborate the evidence of accom- 
 plices, so as to enable the jury to rely upon their state- 
 ments, €tnd thus concluded : My Lords, — I have to 
 apologize for the time I have taken in explaining the 
 nature of the evidence I have to produce. You will 
 point out to the jury what is particularly worthy of 
 their attention. If I have brought forward accom- 
 plices, their testimony coincides, as corroborated by 
 circumstances, and supported by other more credible 
 witnesses, and the jury will give to the circumstances 
 that consideration which they may deny to the persons. 
 I would call your attention to the case against Leary, 
 who, removed from the temptation of poverty, remains 
 aloof in comparative security, sending out his less 
 
The Munster Circuit. 
 
 319 
 
 guilty emissaries to execute his bloody edicts. If the 
 jury believe these facts^ his is not a case that will 
 excite the greatest sympathy. It is not likely he will, 
 in his hour of need, be altogether deserted. It is likely 
 he will find many to speak for him as to character ; 
 but, if the facts against him be proved, what will 
 character avail ? God forbid that I should strive to 
 rob reputation of the importance which may attach to 
 it in the hour of need, or deny its legitimate influence ; 
 but it is little adapted to negative the offence laid to 
 the charge of the prisoner. Of what avail is it that he 
 be industrious in his pursuits, be faithful to his con- 
 tracts, and sober in his habits, if foul conspiracy and 
 midnight murder can be laid to his charge and traced 
 to his suggestions ? There is a reign of terror that 
 coerces character. I do not anticipate that any such 
 will display itself here — that the high-minded gentry, 
 the impartial magistracy, or independent yeomanry of 
 this county will stoop to such a mode of conciliating a 
 disgraceful and paltry popularity. I shall now con- 
 clude, observing that it rests with you to show (if these 
 charges be established) whether you will succumb to 
 the iron despotism which midnight marauders would 
 usurp, or assert the legitimate sway of law and justice 
 in this land.^^ 
 
 These very forcible passages suffice to give my 
 readers a notion of this harangue, which lasted four 
 hours, and was so unlike the cool, unimpassioned, 
 matter-of-fact statements for the Crown we are accus- 
 tomed to in our day, that several persons declared they 
 would convict the batch of prisoners upon the bare 
 statement of the Solicitor-General/^ 
 
320 
 
 The Munster Circuit 
 
 The witnesses for the prosecution were David 
 Sheehan^ Patrick Nowlan, Patrick Daly, Thomas 
 Murphy, and Owen Daly. These men were all either 
 accomplices or spies, and they swore that Leary was 
 the captain, the leading conspirator ; that in a tent, at 
 the fair of Rathclare, he produced a paper, or agree- 
 ment, for signature by all who consented to murder 
 Admiral Evans, Mr. Low, and Mr. Creagh. Several 
 signed the paper, and consented to shoot the three. "'^ 
 In confirmation of this, several warnings were given in 
 evidence. Mr. Low^s steward was warned not to go 
 with his master to the fair of Kildorery. He, the 
 steward, informed his master of this, and urged him 
 not to attend the fair. Mr. Low did so in spite of the 
 warning, and was fired at, but escaped unhurt. Notice 
 that Mr. Creagh^s carriage would be attacked was 
 given, and the firing at Mr. Norcott's in mistake for 
 Mr. Creagh^ s, which it closely resembled, was sworn 
 to. These details were clearly proved, and though 
 Messrs. McCarthy and Pigot raised several points 
 upon the admissibility of evidence, which they argued 
 with consummate ability, and cross-examined the 
 approvers with much skill, they failed to make any 
 decided impression. In addition to those witnesses 
 already named, Mr. Garvan, Mr. Low, Mr. Roberts, 
 Mr. Glover, and some policemen — all proving the 
 neighbourhood of Doneraile to be in a very disturbed 
 state — were next called. Then the case for the Crown 
 closed, and witnesses were called for the defence. 
 They were chiefly gentlemen of respectability residing 
 in the neighbourhood of Doneraile : Harold Earry, 
 Esq., of Bally vonere ; Lieut-enant Coote ; Rev. Dr. 
 
The Munster Circuit, 
 
 321 
 
 O^Brien, parisli priest of Doneraile and Vicar-General 
 of the Diocese of Cloyne; Garrett Nagle, Esq._, of 
 Ballynamona Castle; Arthur Creagh, Esq., Leary^s 
 landlord; Charles Daly, brother of Patrick. The 
 evidence of these witnesses went mainly to discredit 
 the witnesses for the prosecution. Harold Barry, a 
 resident landlord, who had great knowledge of the 
 country, swore he did not consider David Sheehan or 
 Patrick Daly entitled to credit on their oaths. Mr. 
 Barry, a gentleman of considerable property, and of 
 high position in the county, was severely cross-examined 
 by the Solicitor- General. It appeared that, having a 
 natural reluctance to enact the part of a detective 
 policeman in entrapping a Whiteboy, he was asked 
 questions which made it appear he himself was sus- 
 pected of being one of that body. Other gentlemen 
 swore the principal witnesses for the prosecution were 
 such miscreants, they were wholly unworthy of credit, 
 and Patrick Daly^s brother swore that Patrick asked 
 him to join in plotting to convict the prisoners.^^ 
 
 But the evidence of old Mr. Creagh in favour of old 
 Leary was of the most important nature. He gave 
 the prisoner an excellent character for integrity and 
 peaceable habits. He declared his entire disbelief 
 
 that Leary had hand, act, or part in conspiring to 
 murder his son.^^ 
 
 The case having closed on both sides. Baron Penne- 
 father proceeded to address the jury. The prisoners 
 evidently felt the importance of the judge^s address. 
 Leary looked composed as he stood, with folded arms 
 and erect head, firm, yet listening attentively. The 
 learned Baron^s charge was minute and rather tedious. 
 
 Y 
 
322 
 
 The Minister Circuit, 
 
 It was considered to incline against the prisoners. 
 The old man said " John Leary^s witnesses were not 
 examined/^ and it was plain the prisoners were not 
 satisfied with their counsel^ for Shine exclaimed^ Our 
 counsellors have been bribed ! 
 
 The jury^ after deliberation for five minutes^ brought 
 in their verdict. They found all the prisoners guilty. 
 
 Judge Torrens put on the black cap, dread symbol 
 of death. He sentenced the four to be hanged, and 
 spoke of the justice of their sentence. Oh, my lord 
 cried one of the convicts, there is no justice for us ! 
 we know nothing but vengeance ! 
 
The Munster Circuit. 
 
 323 
 
 CHAPTER XXIII. 
 
 Doneraile conspiracy continued. — 'Conn ell defends the remain- 
 ing prisoners. — His encounter with the Solicitor- General. — 
 End of the special commission. 
 
 It would be difficult to magnify the terror which seized 
 the relatives of the men yet untried, when the fate of 
 the first batch of the prisoners was thus sealed. They 
 were aware of the infamous character of the spies and 
 informers, and knew that no scruples of conscience 
 would restrain these hardened caitiffs from what they 
 called swearing up to the mark — so as to obtain 
 convictions for the Crown, There was only one resource 
 for the relatives — only one barrier between the remaining 
 prisoners and the halter ; this was the skill and legal 
 acumen of the greatest criminal lawyer on the Munster 
 Circuit, Daniel O^Connell. Fortunately he was at Der- 
 rynane, his country seat in the county of Kerry; but 
 that was ninety miles away, and there he was advertised 
 to attend a meeting of the people of Kerry, in Tralee, 
 respecting the Sub-letting Acts, on Tuesday. But his 
 advocacy was the only one chance for the untried men, 
 and on the Saturday the judges did not go into court until 
 a late hour. The Solicitor- General, considering that 
 the trial of the next batch of prisonrs would encroach 
 on the Sunday, proposed to adjourn over until Monday 
 
 Y 2 
 
324 
 
 The Munster Circuit, 
 
 morning. Mr. M^Cartty endeavoured to ascertain the 
 names of the prisoners who would be tried next, but 
 this the Solicitor- General could not— or would not — 
 disclose. The Crown, he said, had determined to try 
 every one of the prisoners, and as the same evidence 
 which already procured the conviction of the four was 
 applicable to all, the fears of the prisoners and their 
 friends were naturally at the greatest height. 
 
 Under these circumstances a young farmer named 
 Burke, a brother of one of the prisoners, resolved to 
 ride to Derrynane, and request O^Connell to come off, 
 at once, to Cork, so as to act for the defence on the 
 ensuing Monday. He undertook to be at Derrynane 
 early on the next morning, and at five o^clock on that 
 Saturday afternoon, mounted on a strong horse of power- 
 ful action and singular endurance, he started on his 
 errand for life or death. On he sped, heedless of the 
 coming night, the lonely road, the bleak winds, the 
 pelting rain. 
 
 A bright, genial sun shone over the wild, rock-bound 
 coast scenery of Derrynane, as O^Connell looked forth 
 from his mountain home by the billowy sea on that 
 October Sunday morning. He looked over the splin- 
 tered peaks of his beloved Kerry mountains, and, after 
 returning, heard the morning mass in his private chapel 
 in the house. He was sitting at breakfast, when he was 
 told a man, who appeared to have come a long way, 
 desired to see him.^^ O^Connell saw from his window 
 that the man had arrived on horseback ; and the steam- 
 ing flanks — the drooping head, and chest flecked with 
 foam, confirmed the servant^s notion, that the man had 
 indeed come a long journey. 
 
The Munster Circuit. 
 
 325 
 
 The rider was at ouce admitted into the library. Ad- 
 dressing O^Connell, he said, ^^I left Cork last evening 
 at five o^clock, and I rode ninety miles to see you, Coun- 
 sellor. The friends of the prisoners yet untried for the 
 Doneraile conspiracy sent me for you. If you don^t 
 undertake their defence, Doherty will hang them all. 
 There's a hundred guineas for you, and if you come 
 they'll be safe ; if not, they'll all be hanged." 
 
 O'Connell was not proof against this compliment, 
 which expressed such confidence in his professional skill. 
 Though half a century had sped since he was born, he 
 was hale and vigorous. He accepted the retainer, and 
 promised to start at once for Cork. Burke then ex- 
 pressed his wish to go with the good news, but O'Connell 
 implored him, in compassion to his good horse, if not 
 for himself, to take food and rest. In case that Burke 
 might reach Cork before himself, O'Connell wrote a 
 short note to the prisoners' attorney, informing him, 
 he would attend to defend the remaining prisoners, as 
 fast as horse could draw him ; " and then, after a few 
 hours' rest, elated at his success, William Burke com- 
 menced his return journey. Eager looks were cast on 
 the road to Kerry, from an early hour on that Monday 
 morning. When Burke was descried the question. 
 What news, William ? " came from many a tongue. 
 The response, ^^O'Connell will be here in an hour,'^ 
 elicited a shout that rang through the morning air. It 
 was taken up in Blackpool, and reverberated through 
 George's Street, and echoed from Patrick Street, the 
 Grand Parade, and the South Mall. The joyous news 
 pierced the barred dungeons, and aw oke hope in the 
 oppressed hearts of the prisoners awaiting their trial. 
 
326 
 
 The Munster Circuit, 
 
 The fathers, sons, and brothers — wives, mothers, and 
 pisters, fell on their knees and thanked God that their 
 dear ones would yet again breathe the free air of their 
 native fields. 
 
 Faithful to his promise, O^Connell was quickly on the 
 road for Cork. He selected a gig as the lightest mode 
 of conveyance, and drove through the glorious scenery 
 of the picturesque region which never impressed him 
 more than on that night journey by Killarney and the 
 banks of the river Lee. O^Connell described the contrast 
 between the solemn scenes through which he passed that 
 night, and the stern realities of the following day in 
 these words, At ten o^ clock that morning, after that 
 glorious feast of soul, alas ! I found myself settled down 
 among all the rascalities of an Irish court of justice/^ 
 
 Shortly after nine o^clock on that Monday morning, 
 26th October, 1829, the judges, Baron Pennefather and 
 Judge Torrens, took their seats on the bench. There 
 was considerable despondency among men of all classes, 
 from the news that a Protestant clergyman, named Go- 
 ing, was inhumanly murdered on the previous day, near 
 Templemore, in Tipperary. It was thought this savage 
 murder would influence the minds of the jurors, who 
 ought to judge coolly, and to hear impartially. When 
 the judges took their seats, four men, Edward Connors 
 — a well-dressed, respectable-looking farmer, of large 
 stature and herculean build — Barret, Wallis, and Lynch, 
 all decent-looking men, were placed at the bar of the 
 dock. Connors looked around him with an unembar- 
 rassed air, while his companions seemed not quite so 
 much at their ease. The attorney for the prisoners, 
 addressing the judges, said, "My lords, an express 
 
The Munster Circtnt 
 
 327 
 
 messenger has just brought me a letter from Mr. 
 O^Connell^ informing me he will be in Cork this morn- 
 ings being retained for the prisoners. I pray your lord- 
 ships to postpone the trial of these men for a short 
 time^ as I am sure he will be here presently. 
 
 After a brief consultation^ Baron Pennefather said, 
 We cannot delay proceeding with the trial, as there 
 is really so much to be done.^^ While the jury was 
 being sworn, Mr. M*^Carthy, the counsel for the priso- 
 ners, endeavoured, as much as possible, to create delay, 
 being anxious that the prisoners might have the benefit 
 of O^ConnelFs advocacy. The judges saw through his 
 motives, and Judge Torrens, with an epigrammatic air, 
 observed, "that it was the business of the Court to 
 prevent delay and defeat artifice.^^ A very respectable 
 jury was at length impannelled, and the Solicitor-Gene- 
 ral commenced his address to the jury, when, amid loud 
 and continued cheers, which vires aquirit eiindo, actually 
 seemed to drown the sonorous tones of the Solicitor- 
 General, the tall form of O^Connell, dust-stained and 
 travel-soiled, strode into the bar seats of the Cork court- 
 house. He bowed courteously to the judges, and his 
 salute was returned most kindly by his old circuit com- 
 panion, Baron Pennefather. He apologized for his un- 
 professional appearance, which of course, was excused, 
 and to his request, " to be allowed some breakfast in 
 Court,^^ their Lordships said. "Most certainly.^^ A 
 large bowl of milk and some sandwiches, plentifully cut, 
 formed his morning meal ; while he partook of the food 
 which his toilsome journey rendered so necessary, he 
 listened, with close attention, to the statement of the 
 principal Crown prosecutor. On hearing a legal pro- 
 
328 
 
 The Mimster Circuit. 
 
 position incorrectly stated by the Solicitor-General, 
 O^Connell instantly exclaimed (his mouth half fall of 
 bread and milk), ^'That's not law!'' The Solicitor- 
 General insisted it was, and the Court was appealed to. 
 The decision was in O'ConnelFs favour. Somewhat 
 crestfallen, the Solicitor- General resumed, to be again 
 pulled up, for, referring to an Act of Parliament which 
 O'Connell knew was passed for only a limited time, he 
 exclaimed, That Act has expired/' This was blow the 
 second, and then the Solicitor- General adverted to the 
 evidence of Mr. Harold Barry on the former trial, assert- 
 ing that he had taken the Whiteboy oath, and was 
 made aware of the intended attack on Mr. George Bond 
 Low. His repeated allusions to Mr. Barry, a well-known 
 country gentleman, residing in the neighbourhood of 
 Doneraile, brought up O'Connell again, who remarked 
 upon the hardship imposed upon him by the then state 
 of the law, prohibiting him from a speech to the jury, ^ 
 and requesting that the Solicitor- General would not 
 travel into the evidence on other trials, but confine his ob- 
 servations to the particular case then before the Court.'' 
 
 This caused the Solicitor- General to be more guarded 
 in his remarks, and the remainder of his address was 
 uninterrupted. 
 
 Nearly the same witnesses produced on the former 
 trial gave evidence in this case. But they were now 
 cross-examined by their master. O'Connell, always 
 excellent, now threw all the resources of his acute and 
 vigorous mind into his task, and unmasked, with un- 
 sparing questions, the Crown witnesses. It was sug- 
 
 ^ This injustice has been remedied by Statute 6 & 7 William 
 lY. c. 114. "Prisoners Counsel's Act." 
 
The Mu7tster Circuit, 
 
 r-9 
 
 gested ttat Sheehan and Nowlan, repenting of their 
 crime^ sought to make atonement by bringing their 
 comrades to justice. O^Connell gave the character of 
 what he scornfully called ^^the repentant sinners/^ from 
 their own lips, and honest men shrank fi'om them as 
 though their touch was pollution. The Solicitor- Gene- 
 ral negatived the notion that any concert existed between 
 the witnesses for the prosecution. O^Connell elicited 
 the fact that Sheehan and Patrick Daly were constantly 
 found together in Dublin, and, more important, O^Con- 
 nelFs acuteness detected many contradictions and dis- 
 crepancies in the evidence. Patrick Daly was rigidly 
 sifted, and one of his exclamations showed how valu- 
 able O'Connell's aid was, — It's little I thought, Mr. 
 O'Connell, Vd. be answering you this day ! Owen 
 Daly, who was represented by the Solicitor-General as 
 ^^a boy of seventeen — an innocent youth, who would 
 hardly have come forward had he been aware of the 
 importance of his testimony,^' turned out to be a hoy of 
 twenty-four years of age, and employed as an informer 
 under the game laws. While under cross-examination, 
 O'Connell declared, with reference to this Owen Daly, he 
 never saw such drilling of witnesses in all his life.'' 
 This called up the Solicitor- General, who denied the 
 imputation, and censured O'Connell for using it. In 
 reply, O'Connell said, " Exception might be taken to 
 his words, had he previously made a speech of three 
 hours' duration, commenting upon evidence in a manner 
 such as had never before been heard at the Irish bar." 
 
 The Solicitor- General not making any reply, Mr. 
 Bennett, K.C., declared *^ such remarks were quite 
 uncalled for." But O'Connell said "he did not mean 
 
330 
 
 The Mtmster Circuit, 
 
 to suggest that the Crown counsel were the drill- 
 sergeants^ and his friend, Mr. Bennett, knew perfectly 
 well to whom the epithet applied/^ 
 
 Throughout the day there was constant tilting between 
 the Solicitor-General and O'Connell. Not content with 
 brow-beating the witnesses, O^Connell endeavoured to 
 brow-beat the Solicitor-General. He once threatened 
 him with impeachment before the House of Commons 
 for his mode of conducting this prosecution. On hear- 
 ing the Solicitor- General reply, The allegation is made 
 upon false fads/^ O^Connell caught at the words, and 
 exclaimed in a mocking tone, False facts , Mr. Solici- 
 tor ! How can facts be false ? 
 
 " I have known false facts, and false men too,'^ was 
 the Solicitor-Generars somewhat illogical reply. 
 
 Another device of O^Connell to excite and irritate 
 the Solicitor- General was by imitating the Anglicized 
 pronunciation of that gentleman. A Mr. Twiss was 
 examined for the defence, to discredit the evidence of 
 Owen Daly. He swore that Owen was not worthy of 
 credit on his oath/^ The Solicitor- General inquired, 
 *^Had Mr. Twiss been in court during the previous trial, 
 when Owen Daly gave evidence V 
 The witness replied he had.^^ 
 
 Then sir,^^ naturally remarked the Solicitor- General, 
 it was your duty to have stated what you have now 
 told us, knowing that then, as now, the lives of four 
 I'ellow-creatures were at stake. 1^11 ask you no further 
 question, sir. You may go down off that table.^^ 
 
 ^^Naw, daunt go dawn, sir,'^ exclaimed O'Connell, 
 mimicking with great effect the tones of the Solicitor- 
 General, and, amid a roar of laughter, he elicited the 
 
The Mtmster Circuit. 
 
 331 
 
 cause why Mr. Twiss was not produced upon tlie former 
 trial. 
 
 Judge Torrens charged the jury in this case. He 
 went very roinutely through the evidence^ and the jury 
 then retired to consider their verdict. After an interval 
 of nearly an hour^ they were called into courts but they 
 had not then agreed. At two o^clock on Tuesday 
 morning they had only made up their minds respecting 
 Barret. He was acquitted. The foreman said there 
 was no likelihood of their agreeing with respect to the 
 others/^ 
 
 One of the jury said " some of his brother jurors 
 would not believe a single word sworn by Sheehan, 
 Nowlan^ or the Dalys.^^ The judges sought to assist 
 the jury in vain. They were compelled to order the 
 jury back to the room, and the judges again returned 
 to their lodgings. 
 
 The next day it was the same story. During the 
 afternoon some of the jury complained of illness, one 
 of gout. Physicians examined the complaining jurors, 
 and reported, at six o^clock, there was no immediate 
 danger/^ so the jury were sent back once more. 
 
 Until ten o^clock they were locked in, and, once again, 
 the doctors were sent to examine and report on their 
 state. They stated to the Court, that the juror affected 
 with gout would be in probable danger of death if 
 compelled to pass another night in the jury-room,^^ and 
 this induced the judges to intimate their intention to 
 discharge the jury. 
 
 Mr. McCarthy, counsel for the prisoners, contended 
 a judge had no power to direct the discharge of a jury 
 before they had agreed to their verdict. He was willing 
 
332 
 
 The Mimster Circuit, 
 
 the juror in danger should have such refreshment as he 
 needed. This the Court refused to sanction. The So- 
 licitor-General maintained the Court had the right to 
 discharge the jury, whose lives were not to be risked 
 under any circumstances/^ And thus, after forty hours 
 sitting together, the second trial of the Doneraile con- 
 spirators ended in the disagreement of the jury, causing 
 their discharge.^ 
 
 The following day, after the discharge of the forty 
 hours^ j^^T^ sitting of the Court, a man named 
 
 Keeffe was placed at the bar and arraigned as a con- 
 spirator. 
 
 The prisoner declared he had come to Cork as a 
 witness for the prisoners ; that, instead of being now 
 taken up, he had been charged some months before with 
 being one of the conspirators, and taken before magis- 
 trates and police-officers, but that, upon investigation, 
 no case was provable against him, and he was dis- 
 charged.''^ 
 
 The counsel for the Crown informed the judges that 
 a bill of indictment had been found against Keeffe at 
 the last assizes, and upon this he was now arraigned/^ 
 
 An application was then made on behalf of Conners, 
 Lynch, and Wallis, for a postponement of their second 
 trial. The affidavit on which the application was made 
 
 * The following analysis has been furnished to me : — 
 
 For acquitting Conners, Lynch, and Wallis 9 
 
 Against acquitting them .... 3 
 
 For acquitting all .... . 1 
 
 Against acquitting all . . . . 11 
 Edward Morrogh, Esq., was the juror for acquitting all the 
 prisoners. 
 
The Munster Circuit, 
 
 333 
 
 stated a man named Denis Heireen was a material wit- 
 ness for the defence ; that he was willing to give evidence, 
 but had been taken from the office of the attorney for 
 the prisoners by Mr. Kelly, of the police, who promised 
 Heireen should be forthcoming on the trial of Leary 
 — but he was not/^ 
 
 Baron Pennefather said, The Court could not fail 
 to remark that the affidavit was intended to produce a 
 retrospective effect, and he reminded the counsel for 
 the prisoners that he told them if Heireen was a mate- 
 rial witness for Leary they ought to have applied for a 
 postponement of his trial until the witness was pro- 
 duced/' The counsel who defendedLeary declared ^Hhat 
 they were not responsible, because Leary insisted on his 
 trial not being postponed/^ The result of the appli- 
 cation was, that the trial of the three men, respecting 
 whom the jury disagreed, was postponed to the next 
 assizes. During this argument, O'Connell highly 
 complimented his learned colleagues, Messrs. Francis 
 McCarthy and Pigot. Baron Pennefather also stated 
 he was much impressed by the able argument of Mr. 
 McCarthy on the previous evening. 
 
 On Thursday four more were put upon their trial. 
 They were John Burke, John Shine, Connor, and 
 Murphy. Burke and Shine were farmers. Shine was 
 brother of William Shine, one of those already under 
 sentence of death. The selection of the jury afforded 
 the occasion for the Crown to challenge gentlemen of 
 the highest respectability in the county, such as Ma- 
 thias Hendley, Laurence Corban, James Morrogh, 
 Rickard Deasy, &c., and an exclusively Protestant jury 
 being impanneled, the Solicitor-General again stated 
 
334 
 
 The Mimster Circuit. 
 
 the case for the prosecation. He alladed to the extent 
 and nature of this formidable conspiracy^ and the dan- 
 ger of landlords from the guilt of these men. The 
 evidence to support the prosecution was the same as in 
 former cases. Patrick Daly very glibly (f or^ as practice 
 makes perfect, he was now well up in his tale) narrated 
 the scene in the tent at the fair of Rathclare ; how 
 the assassination paper was produced for signature; 
 how Burke the prisoner was there as a committee-man; 
 how he, Daly, told it all to Colonel Hill, and swore to 
 it immediately after the fair/' 
 
 While Daly was thus recounting his now thrice-told 
 tale, Baron Pennefather beckoned to O'Connell, who, at 
 once, went towards the bench to speak with the judge. 
 They conversed for a minute or two, apparently about 
 a paper which lay on the bench. His lordship, having 
 handed the paper to O^Connell, the latter returned to 
 the bar-seat, and read it to himself. While thus 
 engaged, the examination of the witness was suspended, 
 and public curiosity was greatly aroused as to the 
 nature and import of this document which the senior 
 judge handed to the prisoners^ senior counsel. Could 
 it be the fearful assassination paper ? Having atten- 
 tively perused the paper, O^Connell rose to cross- 
 examine Patrick Daly. Having ascertained Cousin 
 Owen was not in the tent at Rathclare while the writing 
 was going on, he asked if the witness had described 
 the tent scene to the magistrates the day after the 
 fair ; if he had mentioned the assassination order ; if he 
 had named the committee-men.^^ To these several 
 queries the witness replied, ^^Yes.'^ O^Connell then 
 handed him the paper given by Baron Pennefather, 
 
The Mttnster Circuit. 
 
 335 
 
 and asked if that was his signature/^ The witness 
 admitted. ^Twas like it/^ O^Connell then asked the 
 witness^ Had he told the jury all that happened in 
 the tent ? To which Patrick Daly replied, " Well, 
 then, since you want the whole foundation. Murphy 
 said that there were as bad men in the county as the 
 three named, that Major Maxwell and Mr. Batwell 
 ought to be killed, and that Mr. Daniel Clanchy, of 
 Charleville, would give lOOZ. to whoever killed either 
 gentleman, or 200Z. for the two.^^ 
 
 It turned out that the deposition of Patrick Daly — 
 the document handed by Baron Pennefather to 
 O^Connell — ^while stating the offer of Mr. Daniel 
 Clanchy (one of the most respectable Catholic magis- 
 trates of the county) made before Colonel Hill the day 
 after the fair of Rathclare, did not contain one word 
 about the assassination order. It transpired that these 
 informations had not been returned to the Clerk of 
 the Peace, but that Baron Pennefather had to send 
 for them. 
 
 Mr. Owen Daly, the next witness, completely con- 
 tradicted Cousin Pat. The latter swore Owen was not 
 with him in the tent at Rathclare, while Owen swore 
 he was. 
 
 So many important discrepancies existed in the 
 swearing of the witnesses for the prosecution on this 
 trial that, after a long charge from Baron Pennefather, 
 the jury, in five minutes, brought in their verdict of 
 
 NOT GUILTY. 
 
 We can readily imagine with what joy this verdict 
 of an exclusively Protestant jury was hailed by all in 
 court. It was said, the judges were perfectly satisfied 
 
336 
 
 The Mtmster Circuit 
 
 with it, and one of them^ addressing Mr. Bennett, 
 said, George, let me not see your face here again/^ 
 
 Next day, the Solicitor-General informed the judges 
 
 that his learned friends and himself had come to the 
 determination not to proceed with any further trials, 
 and that the Crown had no objection that the untried 
 prisoners should be allowed out on bail/^ This pro- 
 posal being acceded to, the Solicitor-General spoke in 
 very laudatory terms of the gentlemen who promoted 
 these prosecutions. O'Connell complimented the 
 judges, and much gratitude was expressed by the 
 people for O'Connell^s services. 
 
 The execution of Leary, Shine, Roche, and Magrath 
 was ruled for the 14t'h of November, but they were 
 never executed. Their sentence was changed into 
 transportation for life. 
 
 At the Spring Assizes of 1830, Conners, Wallis, and 
 Lynch, the three men about whom the jury disagreed 
 at the special commission, were again tried, and on 
 this occasion they were defended by a very able 
 criminal lawyer, who subsequently had the dock to 
 himself on the Munster Circuit, William Deane Free- 
 man. Conners and Wallis were acquitted. Lynch found 
 guilty, and hanged. O^Connell, in the House of 
 Commons, on the 12 th of May, 1830, moved for copies 
 of the depositions of Patrick Daly, and the notes of the 
 judges who presided over the Special Commission. 
 He strongly censured the conduct of the Solicitor- 
 General. But the Solicitor-General was well able to 
 protect himself from any such attack, and did it so 
 successfully that the motion was negatived by a large 
 majority — 70 to 12. 
 
Tlie Muuster Circuit. 
 
 337 
 
 While the Crown counsel on the Munster Circuit 
 were engaged on the Doneraile Conspiracy Commission^ 
 the rest of the members were occupied in redressing 
 the injury sustained by a member of the Bar in the 
 following extraordinary way. 
 
338 
 
 TJie Mtinster Circuit. 
 
 CHAPTER XXIV. 
 
 Consequences of Committing a Barrister. — Case of Mr. Croke 
 of the Irish Bar. — Correspondence between the Magistrates 
 and Lord Chancellor Hart. 
 
 Ox the 29th of August^ 1829^ James Croke, Esq., 
 barrister, proceeded to the Petty Sessions Court at 
 Bruff, in the county of Limerick, having been in- 
 structed to appear in a civil proceeding to recover 
 penalties under the statute 57 Geo. III. c. 108. The 
 magistrate's clerk, on learning Mr. Croke was a bar- 
 rister, offered him the seat usually occupied by pro- 
 fessional gentlemen, which Mr. Croke declined. The 
 presiding justices of the peace were Darby O'Grady 
 and Michael Bevan, Esqs. When the case in which 
 Mr. Croke was retained was called, he informed the 
 bench, ^^that he appeared as counsel. Mr. O'Grady 
 said, it was a rule established by the Court that 
 counsel should not be heard.''' To this Mr. Croke 
 replied, " It was a rule which might be departed 
 from.'' Mr. O'Grady remarked, We have made the 
 rule, and shall not depart from it." Mr. Croke 
 answered, ^^He thought such a rule was unconstitu- 
 tional." 
 
 This observation seems to have annoyed the magis- 
 
The Mtmster Circuit, 
 
 339 
 
 trate^ for Mr. O'Grady responded^ What signifies to 
 us what you think ? 
 
 This aroused Mr. Croke^ who said, " What he 
 thought was of as much consequence as what the 
 magistrate thought.^^ 
 
 Upon this, Mr. O'Grrady, in the presence of his 
 fellow-magistrate, ordered the police, who were in 
 attendance, to ^^take the counsellor and put him in 
 the dock/^ which order was instantly obeyed. No 
 doubt Mr. Croke felt highly indignant. He was 
 placed before all the people, in the dock appropriated 
 to felons, and then occupied by a man who had been 
 sentenced. When the justices considered the coun- 
 sellor^^ had apprehended the difference between a 
 justice on the Bench, and a member of the Bar, one of 
 them proposed to liberate the counsellor, if he made 
 an apology. 
 
 The captive thus coerced declared, ^^that no man 
 had a higher respect for the administration of justice 
 than he had, and if he had offended he was sorry for 
 it."'^ The admission appearing sufficiently apologetic 
 the counsellor was suffered to go at large. 
 
 There was, naturally, considerable excitement among 
 the peasantry at this incarceration, for Mr. Croke^s 
 brother was the respected parish priest of a neighbour- 
 ing parish, Charleville, and there was much anxiety as to 
 what steps would be taken in consequence of this most 
 audacious infringement on the liberty of a member 
 of the Bar. Action was promptly taken. Mr. Croke 
 went to Dublin, and in Michaelmas Term a meeting of 
 the Bar of Ireland was convened. The meeting drew 
 up a memorial to the then Lord Chancellor of Ireland, 
 
 z 2 
 
340 
 
 The Mufister Circuit. 
 
 Sir Anthony Hart, calling his attention to the conduct 
 of the two magistrates. 
 
 Upon the receipt of this document the Lord Chan- 
 cellor wrote to Mr. O^Grady as follows : — 
 
 ''Dublin, Dec. 11, 1829. 
 '' Sir, — The memorial I transmit with this letter was 
 sent to me by direction of the assembled Bar of Ire- 
 land. The proceedings at the sessions to which it 
 refers surprised me when I first heard of them. As 
 the head of that body to whom his Majesty confided 
 the dispensation of justice to his subjects in this 
 country, it is my duty to inform you that it is the 
 privilege of those subjects to be heard by counsel in 
 all his courts, for supporting and defending their civil 
 rights ; and the rule last laid down in the court wherein 
 you preside, precluding that privilege, is illegal^ and 
 must be immediately rescinded. 
 
 "I am, &c., 
 
 Anthony Hart, C. 
 
 Darby O'Grady, Esq.'' 
 
 Mr. 0^ Grady lost not a moment in replying to the 
 Lord Chancellor thus : — 
 
 ''Bruff, Dec. 12, 1829. 
 
 ^^My Lord, — I have had the honour, this day, to 
 receive your lordship's letter of the 11th instant, en- 
 closing me a memorial sent to your lordship by the 
 assembled Bar of Ireland, and expressing your lord- 
 ship's surprise at the proceedings at the sessions, when 
 you first heard of them. 
 
 '' Your lordship's letter, and the memorial enclosed 
 in it, I shall lay before the magistrates at the petty 
 
The Munster Circuit, 
 
 341 
 
 sessions at Bruff, on Wednesday next, which is the 
 weekly day of meeting. 
 
 ^* I fear your lordship has been imposed on in the 
 account of these proceedings, and that the assembled 
 Bar have acted with somewhat too credulous a haste 
 in giving implicit belief to an ex parte statement, 
 made by an individual who naturally wishes to con- 
 vince others that he has been ill-used, and to persuade 
 so respectable a body as the Bar to make common 
 cause with him ; and my surprise is extreme that so 
 very experienced and talented an assembly should 
 have so easily lent themselves to his views, though 
 there are, certainly, some individuals in that body who 
 ought to be perfectly aware that, although a state- 
 ment may be very positively asserted, it may, never- 
 theless, not be true, and in some instances has been 
 retracted even by the person who made it; and this 
 knowledge ought to have deterred a legal body from 
 coming to any decision on such very questionable 
 grounds without any previous investigation whatever. 
 Before I send youv lordship any statement of Mr. 
 Croke^s misconduct, and the reasons which induced 
 my brother magistrate, Mr. Bevan, and myself to act 
 towards him as we did, it will be necessary for me to 
 see Mr. Bevan. In the meantime I beg to assure your 
 lordship that Mr. Croke was committed for a very 
 violent riot in the court, such as rendered absolutely 
 necessary the harsh measures which were adopted 
 towards him. 
 
 I have the honour to be, &c., 
 
 " Darby O'Geady. 
 To the Right Hon. the Lord Chancellor.'^ 
 
342 
 
 The Mtmster Circuit. 
 
 There was no evasion here^ at all events. The com- 
 mittal of the barrister was admitted, but justified on 
 the ground of his violence. A few days brought the 
 statement of the magistrates to the Chancellor, as 
 follows : — 
 
 ''December 16, 1829. 
 '' My Lord,— At a petty sessions, held at Bruff on 
 the 26th August last, the undersigned were the pre- 
 siding magistrates, and the court was unusually 
 crowded. A case against the toll-keeper of the fair 
 of Drummin, was called on. A person addressed the 
 Bench from the midst of the crowd, under the gallery 
 and at the back of the court. The magistrates desired 
 him, if he had anything to say to the case before the 
 Court to come forward and say it. This person then, 
 without moving from his place in the crowd, which was 
 pressing on, said he was engaged in the case. The 
 magistrates told him they could not listen to him, as it 
 was a rule of the Court not to hear professional persons. 
 This person then said the rule ought to be departed 
 from, and was, he thought, unconstitutional. The 
 magistrates replied it was the rule of the Court, and 
 that what he thought of it could not induce them to 
 depart from it. He then added, that what he thought 
 of it was of as much consequence as what they thought 
 of it. He then became silent, and the case before the 
 Court was proceeding, when the business of the Court 
 was interrupted by a very general riot and disturbance, 
 occasioned by the mob forcing its way into the court, 
 and this person at its head, advancing in a riotous, 
 menacing manner, using abusive and insulting expres- 
 sions to the magistrates, and holding up his clenched 
 
The Munster Circuit, 
 
 343 
 
 fist towards them in a threatening attitude. The 
 magistrates instantly desired the pohce to put this 
 person in the dock^ and he was put in accordingly. 
 He so remained in the dock fifteen or twenty minutes^ 
 when, on making an ample apology for his misconduct, 
 he was dismissed. Here it may be necessary to remark, 
 this person heard the Bench refuse to hear a profes- 
 sional gentleman (stating the rule forbade it), and, 
 also, he saw a man committed to the dock for insulting 
 one of the magistrates, and that both these occurrences 
 took place immediately previous to his first addressing 
 the Court. He therefore knew the rule of the Court, 
 and he was also aware of the oS'ence for which his com- 
 panion in the dock was committed, and he therefore 
 knew he was not a perjurer. 
 
 The magistrates had never seen this person before, 
 but after he was some time in the dock they were told 
 his name was Croke, and that he was a barrister. This, 
 the magistrates think it right to state that neither 
 the rank nor profession of any person could have 
 shielded him in a court where they preside from the 
 punishment due to such gross misconduct. 
 
 From the unusually thronged state of the court, 
 from the noise proceeding from the crowd, and from 
 the post in the centre of it taken by Mr. Croke, the 
 magistrates early apprehended a riot, and their sus- 
 picion lighted upon Mr. Croke as its probable leader. 
 There was nothing in Mr. Croke^s appearance or 
 manner to alter this unfavourable impression ; his face 
 was partly disguised, as if to prevent his being recog- 
 nized, and from his dress and deportment, and the 
 whole tenor of his conduct, the magistrates never sus- 
 
344 
 
 The Munster Circuit, 
 
 pected he was a gentleman, and had considerable 
 doubts whether he was sober. These very unfavour- 
 able impressions on the minds of the magistrates have 
 received strong confirmation from information which 
 has since reached them, and they beg to call your lord- 
 ship^s attention to the following facts : — When Mr. 
 Croke entered the Bruff petty sessions court, which is 
 also the quarter sessions court-house, he addressed the 
 crowd collected in the hall, in a loud and distinct voice, 
 and told them he was come there to humble the magis- 
 trates; that he would be assistant-barrister for that 
 day, and several other such-like observations. The 
 clerk of the court, seeing Mr. Croke was a stranger, 
 and hearing he was a barrister, oflfered to conduct him 
 to the seat set apart for professional persons, which 
 offer Mr. Croke declined. The police did open a pas- 
 sage for Mr. Croke to take his proper station in the 
 court, which Mr. Croke once more declined doing, and 
 kept his station in the midst of the crowd at the back 
 of the court. This place Mr. Croke occupied during 
 his conversation with the magistrates, nor did he leave 
 it until he began the riot for which he was committed, 
 and he was not arrested in his scandalous career until 
 he had reached the bench, and was proceeding to 
 scramble into it. 
 
 The magistrates beg, in conclusion, to assure your 
 lordshp that, in their own observations, backed by the 
 information they have received from others, they are 
 convinced that Mr. Croke came to the petty sessions 
 at Bruff, on the 26th of August last, with the intention 
 of creating a riot, that he did afterwards create a riot, 
 and that, consistently with the duty they owe to their 
 
Th^ Munster Circuit. 
 
 345 
 
 country^ to the administration of the laws entrusted 
 to them^ and to their own characters as magistrates 
 and gentlemen, the most lenient course they could 
 have pursued towards Mr. Croke was that which they 
 adopted. 
 
 *^ With respect to reparation, the magistrates think, 
 from the perusal of this statement, your lordship will 
 perceive it would be due from Mr. Croke to them, had 
 not that person already atoned for his misconduct by a 
 very full and satisfactory apology. 
 
 The magistrates feel great delicacy in making any 
 allusion to the memorial presented by the assembled 
 Bar of Ireland, and which your lordship has transmitted 
 to them. The magistrates hold the Bar, collectively, 
 in high esteem ; to many members of that respectable 
 profession they are bound by ties of the nearest and 
 dearest; with great reluctance, therefore, they are 
 obliged to offer an observation on that very extraordi- 
 nary document. 
 
 " It may be doubted whether any body whatever 
 (and the Bar are no exception) should be allowed to 
 decide on their own privileges \ but when, in the 
 assertion of these privileges, foul imputations are to be 
 cast on others, there can be no doubt that the greatest 
 caution should mark their proceedings. In the resolu- 
 tions of the Bar, the magistrates do not see that extreme 
 caution which they should have expected from so august 
 an assembly. The Bar began by taking for granted a 
 statement the truth of which they do not pretend to 
 have investigated, but in the faith of which they do not 
 hesitate to adjudicate ; and, accordingly, they pronounce 
 sentence on magistrates over whom they cannot pre- 
 
346 
 
 TJie Muiister Circuit. 
 
 sume to have any control ; and, finally, they call upon 
 your lordship to carry into execution this well-digested 
 condemnation. 
 
 It seems awkward that when lawyers are employed, 
 legally and constitutionally, to protect and enforce the 
 rights of others, time and money are squandered in 
 lavish profusion before any conclusion can be arrived 
 at; but when they undertake their own cause, with 
 a hop, step, and a jump, they can clear away every 
 obstacle, pronounce their sentence, and leaving law, 
 justice, and jury far behind, with an unpardonable 
 temerity call upon your lordship to become their exe- 
 cutioner. 
 
 We have the honour to be, &c.. 
 
 Darby O'Grady, 
 Michael Bevan.^' 
 
 It is hard to say what impression the fearless state- 
 ment of the county Limerick magistrates made on the 
 Lord Chancellor. He thought such discrepancy as 
 existed between the account of the Bruff dock business, 
 given by Mr. Croke on the one hand, and the Bruff 
 magistrates on the other, could only be determined 
 by the intervention of a jury. This view he puts in his 
 reply to the statement ; — 
 
 ''Dublin, Dec, 22, 1829. 
 '' Gentlemen, — The memorial of the Irish Bar which 
 I transmitted to you, was sent for the purpose of your 
 making such observations on it as the case might 
 require ; for though I had no difficulty in expressing 
 my opinion on the facts as there stated, it was not my 
 intention to exclude any explanation or counter-state- 
 
The Munster Circuit. 
 
 347 
 
 ment^ or to prejudge a question affecting the magis- 
 tracy, without affording them an opportunity to vindi- 
 cate themselves. Your statement to me shall be sent to 
 the adjourned meeting of the Bar, on the same prin- 
 ciple that their memorial was communicated to you, and 
 should the difference be found irreconcilable, it must, 
 I fear, be referred to a different jurisdiction from that 
 which the Chancellor exercises. 
 
 " I am, &c., 
 
 Anthony Hart, C. 
 ''To Darby O'Grady and Michael Bevan, Esqs.'' 
 
 Instead of an action for false imprisonment, an action 
 for libel was brought by Mr. Croke against the two 
 magistrates; the alleged libel beiug the imputations 
 cast upon him in the statement submitted to the Lord 
 Chancellor. 
 
 The case came on for trial in the Court of Common 
 Pleas, Dublin, before Lord Plunket, Chief Justice; 
 and Messrs. Perrin and Holmes were counsel for the 
 plaintiff. 
 
 Mr. Long, the Lord Chancellor's secretary, was called 
 on by the plaintiff's counsel to produce the statement 
 containing the alleged libel, and thereupon a novel 
 point arose. Mr. Long stated, '' The Lord Chancellor 
 considers that, under the circumstances in which the 
 letter came to his lordship's hands, he does not think 
 it ought to be produced, but his lordship wished it to 
 be mentioned, that if Lord Plunket thought differently^ 
 the Lord Chancellor would yield to the opinion of the 
 Lord Chief Justice of the Common Pleas." 
 
 Mr. Holmes, for the plaintiff, contended, '' His client 
 
348 
 
 The Munster Circuit, 
 
 was entitled to the production of this document. He 
 submitted it lay with the Chief Justice to determine 
 the pointy and not for any witness^ however respect- 
 able/^ 
 
 Lord Plunket agreed with Mr. Holmes; he was 
 the arbiter, but it was quite impossible not to remem- 
 ber who was the witness here. He could not refuse to 
 respect the scruples of the Keeper of the Seal. What- 
 ever his own opinion was, he ought to defer to that of 
 the Chancellor. He felt less reluctance in so doing 
 because, if wrong, there was an appeal to the full 
 Court.^' 
 
 Mr. Bennettj K.C., who was counsel for the defen- 
 dants, contended this was a privileged communication, 
 and relied upon Wyat v, Gore,^ and Hone v, Bentinck.^ 
 
 Mr. Holmes, in reply, argued ^^this was neither a 
 confidential nor privileged communication, as in the 
 cases cited. He relied on a case in 1st Saunders, 
 p. 131.'^ 
 
 Lord Plunket said, When so high a judge as the 
 Lord Chancellor regarded this as a privileged commu- 
 nication, it would ill become him to hold the contrary, 
 at least without a conference with him on the subject.''^ 
 He adjourned the court for this purpose, and, on 
 resuming. Lord Plunket said, ^^He had the oppor- 
 tunity of hearing the Chancellor's opinion, which was 
 that he ought not to produce the document. He (Lord 
 Plunket), could not rule against that opinion, and as 
 the plaintiff must be nonsuited, requested he would 
 obtain the judgment of the full court. He had, how- 
 
 1 " Holt's Nisi Prius Cases," p. 290. 
 
 2 3rd Bingham. 
 
The Munster Circuit. 
 
 349 
 
 ever^ this suggestion to make : let the case be tried on 
 consent that a copy of the document be received as 
 the original^ subject to the point, that if the Court was 
 of opinion the original document ought not to be 
 produced, the evidence on the copy should go for 
 nothing/^ 
 
 This suggestion was adopted. The trial proceeded, 
 and the plaintiff clearly showed the allegations of the 
 statement were libels. The jury found for the plaintiff, 
 500Z. damages, and 6cZ. costs. It does not appear that 
 any attempt was made to disturb the verdict. Mr. 
 Croke received a colonial appointment, that of Solicitor- 
 General in New South Wales, where he remained many 
 years, and realized a handsome independence. He 
 returned to his native country and died. His nephew 
 is now the highly-gifted and justly-respected Prelate, 
 Dr. Croke, Archbishop of Cashel. 
 
350 
 
 The Munster Circuit. 
 
 CHAPTEE XXV. 
 
 Eminent members of the Manster Bar from 1838 to 1850.— 
 Sergeant Jackson, M.P. — George Bennett, Q.C. — Mr. Collins, 
 Q.C.— Mr. Henn, Q.C— His first brief on the Mnnster Cir- 
 cuit. — Mr. J. D. Fitzgerald. — Mr. Brereton.— Mr. Otway. — 
 Mr. Isaac Butt. — Mr. Chatterton. — Mr. Wyndham Goold, 
 M.P. 
 
 When I joined the Munster Circuit in 1838^ the leaders 
 were Mr. Sergeant Jackson^ M.P., Mr. Bennett^ Q.C, 
 Harry Cooper, Q.C, Jonathan Henn, Q.C, and 
 Stephen Collins, Q.C Mr. Woulfe, Q.C, who for 
 many years had been a very eminent member of the 
 Munster Circuit, was, in the year 1834, appointed 
 third sergeant. In 1836 he was made Attorney- 
 General, and in 1838, on the death of Chief Baron 
 Joy, Mr. Woulfe succeeded him as Chief Baron but, 
 alas for the mutability of all earthly greatness, this 
 distinguished lawyer had no sooner attained the dis- 
 tinction of the Bench, than bodily infirmities seized 
 him, and, after a struggle for two years, he died in 
 1840. 
 
 At this period Mr. Pigot, another leader of the 
 Munster Circuit, was Attorney- General for Ireland, so 
 those I have named had the leading business of the 
 Circuit. And well were they able to cope with it. 
 
The Munster Circuit, 
 
 351 
 
 Josepli Devonslier Jackson was an admirable nisi pruts 
 lawyer, greatly respected by all his brethren of the 
 Bar, and by the public at large. Though of high 
 Conservative politics, no one ever knew what his 
 politics were in the discharge of his professional duties, 
 or his intercourse with the members of the Bar mess. 
 He possessed great fluency, an impressive court manner, 
 great sagacity in selecting his topics for the jury.^ 
 
 George Bennett, Q.C., the father of the Munster 
 Circuit in my time, was born in the city of Cork on 
 the 20th September, 1777. His father was a judge 
 of the Court of King^s Bench. Mr. Bennett was 
 called to the Bar in 1800, and soon went the Munster 
 Circuit. He had many excellent ingredients for pro- 
 fessional success — considerable legal knowledge, a 
 clearness in statement, and remarkable insight into 
 the character of the lower orders of the Irish. For 
 many years he held the then very lucrative office of 
 Crown Prosecutor on the entire Circuit, and the con- 
 fidence reposed in him by the public often caused him 
 to be employed as an arbitrator. It is said when he 
 was offered to be made King^s Counsel by Lord 
 Manners, Chancellor in 1822, he said, Fd rather he 
 gave a silk gown to my wife."'^ However, he accepted 
 the rank, which gave him legal standing. 
 
 In the profession one great cause of his success was 
 his plain, unpretending style of addressing juries. 
 The utter absence of pretension in his mode of speak- 
 ing, the unadorned, conversational tone he employed, 
 gave him almost implicit credence with witnesses and 
 
 ^ Sergeant Jackson became Solicitor- General in 1841, and 
 sat for many years on the Bench of the Common Pleas. 
 
352 
 
 The Munster Circuit, 
 
 juries. Indeed^ it seemed as if some juries, after his 
 statement, were unwilling to be put to the delay of 
 hearing his statement borne out by witnesses, as they 
 could not imagine anything could be more conclusive 
 than his words. Before the members of the Munster 
 Circuit adopted the habit of wearing wigs and gowns 
 on circuit, George Bennett, in his dark shooting-coat, 
 plaid waistcoat, and grey or check trousers, might easily 
 have been taken for a gentleman farmer, instead of an 
 astute lawyer, and the leader of the Munster Bar. 
 
 Stephen Collins was also one of the leaders of the 
 Munster Circuit. Nature evidently designed him for 
 the profession he had chosen. At school he was a 
 diligent scholar, in college an unwearied student, at 
 the Bar a most painstaking and learned practitioner. 
 On the Circuit he was retained in almost every case on 
 one side or the other, and his knowledge of cases in 
 point, his readiness to discuss admissibility of evidence, 
 or to take advantage of any defect in his adversary's 
 pleadings, showed how important it was to secure or 
 silence his advocacy. No one approached him in 
 quickness to except to the charge of a learned judge, 
 to detect some weakness in his adversary's proofs, en- 
 titling the defendant to a nonsuit. His familiarity with 
 the rules of pleading, his promptnes at applying the 
 rules of evidence, the conflicts between him and his sin- 
 gularly gifted brother-in-law, Jonathan Henn, were not 
 only improving to mark, but often amusing to observe. 
 
 It often struck me Mr. Collins took as much pleasure 
 in discussing abstruse questions of law as a foxhound 
 in pursuing sly Reynard. He breathed an atmosphere 
 of law, and it is related that on his way back from 
 
The Munster Circuit. 
 
 353 
 
 churcli after being married, lie stopped his bride^s 
 carriage at a law stationer^s to buy a law book, and, 
 after leaving her at home went to a consultation. 
 When going to the castle, to the Lord-Lieutenant^s 
 levees^ he was seen reading his briefs. From his readi- 
 ness in upsetting an adversary on some technical 
 point he was thought rather a sharp practitioner, and 
 an anecdote, bearing on this, may be quoted here. 
 
 When Mr. Pigot, who had been called to the Bar 
 later than Mr. Collins, but obtained his rank as King's 
 Counsel before him, was retained in a case with him, 
 on the question of leadership arising, Mr. Collins said, 
 I yield, my friend Ifholds the honours 
 
 If he does, Stephen,^^ wittily observed his friend, 
 Mr. Herrick, ^tis you have all the tricks J ^ 
 
 Mr. Collins was sagacious and careful. Though I 
 have had frequently an opportunity of hearing him 
 address juries, there was nothing very eloquent in his 
 speech worthy of special remark. His addresses were 
 clear and careful narratives, supporting some legal 
 propositions, which were ingeniously dovetailed to- 
 gether, so as to impress the jury with his view of 
 the case. His appearance was very prepossessing. 
 Methinks I see him now, his youthful face denoting 
 quick intelligence — his eyes aided by spectacles — his 
 small mouth indicating firmness and decision. I rather 
 think his early death was owing to having overtaxed 
 a frame never very robust. Often have I seen him 
 suffering from rheumatic pains, yet addressing juries 
 on circuit. He was, as he well deserved to be, a 
 general favourite. 
 
 Harry Cooper, Q.C, was quite a character. His 
 
 A a 
 
354 
 
 The Muitster Circuit, 
 
 cranium, bare as a billiard ball, his Jewish cut of 
 countenance, his quick black eyes, his pleasant, playful 
 smile, once seen could not be readily forgotten ; and 
 then his flow of words — what an avalanche it was — 
 quick as they could pass the lips rolled forth his 
 arguments in one rapid and resistless flood. I never 
 heard anything like it. Some one happily said. 
 Cooper had the knack of talking short-hand,^' but 
 he defied stenography. No pen or pencil could catch 
 him. 
 
 He was called to the Bar in Hilary Term, 1806, 
 and was made King^s Counsel in 1835. He had con- 
 siderable practice, was an excellent Common-law 
 lawyer, a good pleader, and a safe writer on cases.^ 
 
 Of Jonathan Henn, Q.C., I cannot speak too highly. 
 Yet he was so intensely devoid of ambition, and so 
 indisposed to exertion, he remained all his professional 
 life either a member of the Munster Circuit, or chair- 
 man of the county of Donegal, when, by working for 
 dignities, he would assuredly have held a Chief Judge- 
 ship or the Seals. His legal acquirements were of the 
 highest order. He had, I may say, hereditary claims 
 to legal distinction. His ancestor was Chief Baron 
 Henn ; his grandfather a judge of the Court of King^s 
 Bench ; his father a Master in Chancery, a dignity 
 which his elder brother, William, held for many years. 
 
 Jonathan Henn was only twenty-one years of age when 
 he was called to the Bar. His brother William having 
 selected the Munster, Jonathan went the Connaught 
 Circuit. This circuit was then led by Mr., afterwards 
 
 2 Mr. Cooper died in May, 1841. 
 
The Mnnster Circuit, 
 
 355 
 
 Judge Vandeleur, K.C. So great was this barrister^s 
 opinion of the legal abilities of Jonathan Henn, Mr. 
 Vandeleur invariably sought his advice in all cases of 
 difficulty that arose. I am surprised that this opinion 
 of the leader of the circuit did not influence the Con- 
 naught attorneys to send Mr. Henn briefs. It is said, 
 however, that when he got one, in which he had to 
 examine a witness, he did it so badly, his senior took 
 the witness out of his hands, and concluded the exami- 
 nation, which, no doabt, was a great slur to the junior 
 counsel. 
 
 Another story is told of a Galway attorney calling, 
 with a brief, at his lodgings in Galway, during the 
 Assizes, before Jonathan rose from his bed. The 
 attorney awaited the lazy barrister, who had to be 
 roused from a sound sleep. When told an attorney 
 wanted him in the next room, Henn thought it was a 
 trick of the junior Bar, and said he needn^t wait. 
 Being informed he had a brief to give him, Henn 
 called out, still thinking it was a ruse, ^^to take the 
 
 brief to the D The attorney, in a rage, left the 
 
 house,, and Henn lost his brief. 
 
 Soon after, the appointment of his brother William, 
 as Master in Chancery, induced Jonathan to exchange 
 the Connaught for the Munster Circuit. He was, of 
 course, unknown to the practitioners, but had power- 
 ful friends among the county gentlemen of Clare. A 
 very important record, in which a watercourse question 
 was involved — was to be tried in Tralee, and the plain- 
 tifl" had secured all the leading lawyers on the Munster 
 Circuit, with the celebrated Mr. Edward Pennefather, 
 K.C, as special counsel. The defendant, Mr. Tuthell, 
 
 A a 2 
 
356 
 
 The Munster Circuit. 
 
 of Faha^ in the county Limerick, complained bitterly 
 to two Clare gentlemen, Heffernan Consedene and 
 Giles Daxon, both respectable gentlemen, and personal 
 friends of the Henn family, how successfully all the 
 leading members of the Munster Bar had been 
 secured by the plaintiff^s attorney, and how he, the 
 defendant, could not obtain even special counsel 
 from Dublin, as all he sent retainers to were pre- 
 engaged/^ 
 
 The consequence is,^^ said Mr. Tuthell, if the 
 plaintiff succeeds I^m a ruined man/^ 
 
 " That^s a bad look out, Tuthell,'^ said Giles Daxon ; 
 ^^but perhaps you have yet a chance. Tell me, did 
 you try to retain Jonathan Henn ? ^' 
 
 Jonathan Henn,^^ repeated Tuthell. Who is he ? 
 I never heard of any barrister of that name ? 
 
 " Do you hear this, Heff ? cried Daxon, slyly 
 winking at his countryman. Tuthell never heard 
 of Jonathan Henn. Never heard of the cleverest 
 lawyer in Ireland ? 
 
 By George ! chimed in Consedene, he is the 
 cleverest man at the Bar. If my life or property were 
 at stake, I^d rather have him as my counsel than all 
 the other lawyers on the Munster Circuit. 
 
 Thus they puffed off their personal friend, who they 
 knew to be an excellent lawyer, though unknown to 
 the public. When Jonathan Henn entered Tralee 
 for the Assizes, he found a heavy brief — with twenty 
 guineas — awaiting him, on behalf of Mr. Tuthell, with 
 William Deane Freeman as his junior. The rest is 
 soon told. He mastered the brief — and, undismayed, 
 surveyed the redoubtable Edward Pennefather, Ser- 
 
The Munster Circtdt. 
 
 357 
 
 geant Goold^ and other leaders of the Munster Circuit 
 arrayed against his client. 
 
 The pleadings opened, Mr. Pennefather, in his 
 dulcet tones, and impressive manner, stated the plain- 
 tiff^s case. The first, and most important witness, was 
 examined by the senior counsel, and cross-examined 
 by Jonathan Henn. Then the wonderful abilities — 
 which hitherto — like the ore of the mine — had lain un- 
 seen and unnoticed, now revealed, burst forth in bright- 
 ness, and showed their value. The answers he elicited 
 from the witness demolished the plaintiff^s case so 
 completely that, when Mr. Henn finished his cross- 
 examination, Mr. Pennefather threw up the case. Mr. 
 Tuthell had the verdict, and Jonathan Hennas reputa- 
 tion, as the ablest lawyer on the Munster Circuit, was 
 fully established. 
 
 For some time after this triumph he was known by 
 the soubriquet of the Water hen,'' 
 
 Able and gifted as he was,^^ writes his accomplished 
 nephew, Mr. Richard GriSith, he never rose to address 
 a jury without a nervous and uncomfortable feeling, which 
 made him feel a longing to sit down, and, accordingly, 
 at the age of sixty, he retired, as he had long in- 
 tended, from the active duties of his profession, retain- 
 ing his A.B., CD., or Assistant-Barristership, County 
 Donegal, till the age of seventy, which he then resigned 
 on a pension/^ 
 
 Refusing to enter Parliament, he never was promoted 
 to office. We have often felt what a Chief Justice or 
 Lord Chancellor was lost in him. He resided in Dub- 
 lin, in Upper Merrion Street ; but died in Bray, whither 
 he had gone for the summer of 1874. 
 
358 
 
 The Munster Circuit. 
 
 Hennas voice was full-toned, and suited to his per- 
 sonal appearance, and to his calm, impressive delivery. 
 He spoke in such a tone of judicial impartiality that a 
 casual listener would have supposed he addressed the 
 jury on the entire merits of the case, when, in fact, he 
 was only advocating his client^s share of it. When an 
 important case tried in Cork — Jagoe v, Hungerford — 
 to ascertain the genuineness of a contested will, 
 brought down the far-famed orator of the Irish Bar, 
 James Whiteside, subsequently Chief Justice of the 
 Queen^s Bench, as special counsel for the plaintiff, a 
 lady told me she accompanied several friends of hers 
 to listen to the speeches of the counsel on both sides. 
 I asked her what she thought of them. I thought,^^ 
 she said, the defendant must be in the right. Mr. 
 Henn looked so honest j and during his speech he seemed 
 only to think of his client, while Mr. Whiteside seemed 
 never to forget— Mr. Whiteside. 
 
 That Mr. Henn was indisposed to undertake severe 
 work may be inferred from the following anec- 
 dote : — 
 
 Mr. J ohn Macnamara Cantwell, a very eminent 
 solicitor of Dublin, hearing of Mr. Hennas reputation 
 on the Munster Circuit, sought his services in a heavy 
 equity cause. He saw the leading counsel of Munster 
 lounging about the hall, and, accosting him, held out 
 the brief marked with a large fee.^^ 
 
 The case is important,^^ said Mr. Cantwell, tendering 
 him the fee, ^*^and much is expected from you, Mr. 
 Henn.^^ 
 
 Oh ! my dear sir," said the Queen^s Counsel, quietly 
 pushing back the hand with the bank-notes " you had 
 
Tlie Munster Circuit. 
 
 359 
 
 better give the brief to some gentleman who will 
 attend to it/^ 
 
 Mr. Henn was in very independent circumstances^ 
 and devoted to the sport of fishing. Having no 
 domestic cares — he never married — chairman for the 
 county of Donegal^ with lucrative circuit practice, and 
 some private fortune, he preferred ease to labour, and 
 the sport he loved, to toil he disliked. Yet on circuit 
 he flinched from no trouble in mastering his briefs. I 
 never found him wanting either in reference to facts 
 or law. His speeches were masterpieces of forensic 
 oratory, unadorned it may be, yet perfectly suited to 
 the occasion, and clear as a running stream. He used, 
 in his speeches throughout, what some one aptly 
 called the level language of the gentleman,^^ and, as 
 an admirer of his once said to me, Sir, Mr. Henn, 
 both practically and theoretically is a gentleman. 
 
 Beside these very distinguished leaders of the 
 Munster Circuit there were many others, who, 
 full of learning and ability, were biding their time. 
 Many have since passed away. Some, who at one 
 time went circuit without briefs, now dispense law 
 from the Bench, while others got rapidly into practice, 
 and, from the very outset in their professional career, 
 proved their capacity for business. Foremost of this 
 latter class was a young gentleman who joined the 
 Munster Bar about the same time as I did ; we were 
 called side by side in Easter Term, 1838. His name 
 was John David Fitzgerald. The legal education of this 
 most able member of the circuit commenced in his 
 early youth, and was pursued with intense application. 
 When he was called, at the age of twenty-three, he 
 
36o 
 
 The Munster Circuit, 
 
 was a very distinguished lawyer. I happened to be 
 present in the Court of Exchequer when he made one 
 of his first arguments in a contested motion, and I was 
 much struck with the cool, self-possessed manner in 
 which he addressed the Court, and the able reasoning 
 by which he gained his point, greatly to the surprise 
 of Mr. Walsh the opposing counsel, who imagined the 
 Chief Baron (Woulfe) had ruled in his favour. By 
 this argument Mr. Fitzgerald gained the approbation 
 of the Bench, the esteem of the Bar, and probably 
 more important to the junior counsel, the hearty ad- 
 miration of the attorneys, who soon sought his services. 
 His life, thenceforward, for some years, was of intense 
 and continuous labour. He told me, as we were leaving 
 the library of the Four Courts, on the last day in 
 Term for drawing declarations, ^^he had been at his 
 desk at three o^clock that morning.'^ On circuit, as 
 when in Dublin, he was eminent in business, and few 
 ever went into court better prepared. His practice 
 in every assize town on the circuit was very great. 
 When but nine years at the Bar, in 1847, he received 
 the silk gown of Queen^s Counsel, and then became 
 one of the leaders of the Munster Circuit. He was 
 desirous of parliamentary duties, and, in 1852, was 
 returned M.P. for Ennis, which he continued to repre- 
 sent while at the Bar. His position soon made him 
 sought for as a law officer of the Government, and 
 he was appointed Solicitor-Greneral in 1856, and suc- 
 ceeded Mr. Keogh as Attorney- General in 1858. On 
 the resignation of Judge Perrin in 1860 the Right 
 Hon. the Attorney-General became the fourth Justice 
 of the Queen^s Bench. 
 
Tlie Munster Circuit, 
 
 361 
 
 The tribute from the leading Conservative organ in 
 Ireland to his merits at the Bar is so just I cannot 
 omit quoting it here. Of the new judge we have only 
 to say^ if he perseveres in the course of manly and 
 calm independence which he followed during his ser- 
 vice as first law officer of the Crown in Ireland, he 
 will not fail to fill the highest place he is henceforward 
 to occupy, to the satisfaction of the candid and right- 
 thinking portion of his fellow-countrymen. Mr. Fitz- 
 gerald was frequently placed in trying and difficult 
 circumstances during his tenure of office, and, we are 
 bound to say, he was not found wanting to the occa- 
 sion.''^ Not less complimentary were the criticisms on 
 bis parliamentary career, which was described as one 
 seldom maintained by Irish representatives.^^ His 
 career on the Bench — in which all who have watched 
 the trials of the Fenian conspirators have abundant 
 proof — shows that the same course of manly inde- 
 pendence which the Dublin Evening Mail so lauded in 
 the barrister has been fully sustained by the judge. 
 
 The late William Westropp Brereton, or, as he was 
 more usually called. Billy Brereton,^^ is another 
 whose memory I wish to recall. He had considerable 
 legal talent, and a rough, bustling manner, that made 
 him very useful in nisi prius cases. He was a fluent, 
 if not a graceful speaker, and some topics of his addresses 
 to juries had good point. Once, when defending a 
 prisoner, against whom he contended the evidence of 
 guilt was insufficient, he insisted on their recollecting 
 
 the great principle of English law — that every man 
 is presumed innocent until he is proved to be guilty — 
 and, on that Great Day, gentlemen, when we ourselves 
 
362 
 
 The Mtinster Circuit. 
 
 are called before the Bar of Divine Justice^ may you 
 and 1 cjet the henejit of the doubt J' ^ 
 
 Mr. Brereton was called to the Bar in 1836. He 
 was added to the list of Queen^s Counsel in 1852, and, 
 on the resignation of Mr. McDermott in 1858, ap- 
 pointed Chairman of county Kerry. He held the 
 Chairmanship of the county of Galway to the time 
 of his death. 
 
 John Hastings Otway^ Q.C., now County Court 
 Judge of Antrim, and Recorder of Belfast, was greatly 
 beloved and esteemed on the Munster Circuit. He 
 was the eldest son of one of Ireland^s most popular 
 authors of works of Antiquarian and Topographical 
 interest, the Rev. Cassar Otway, one of the most con- 
 stant contributors to the Duhlin University Magazine 
 in its early days. John Hastings Otway, having care- 
 fully prepared himself for the legal profession, was 
 called to the Bar in 1832 — and, having married a lady 
 — native of the county Cork — daughter of James Hill, 
 Esq., of Craig, went the Munster Circuit. He had 
 a very extensive range of practice, and many who 
 gained distinction at the Bar learned their experience 
 in his chambers. He was called to the Inner Bar as 
 Queen^s Counsel in 1852, and shortly after the retire- 
 ment of another excellent member of the Munster 
 Circuit the late John Gibson, became Assistant- 
 Barrister of county Antrim, where he still dispenses 
 justice. 
 
 The late Isaac Butt, Q.C., M.P., born in 1813, was 
 a very remarkable man. His father, the Rev. Robert 
 
 3 Ex, Relatione J. P. Hamilton, Q.C., Recorder of Cork. 
 
The Munster Circuit. 
 
 363 
 
 Butt, Rectcr of Stranorlar^ county Donegal^ gave him 
 every advantage in the way of education ; and mater- 
 nally he claimed descent from the celebrated Berkeley^ 
 Bishop of Cloyne. He obtained a Scholarship in 
 Trinity College, Dublin, in 1 832, and gained several 
 honours, both in science and classics. Having taken 
 his degrees in 1835, in the following year he was ap- 
 pointed Professor of Political Economy, then recently 
 established by Archbishop Whately, being only twenty- 
 three years old. On this occasion he had to undergo 
 a very severe examination, and encountered and 
 triumphed over many brilliant competitors. Having 
 studied for the Bar, he was called in 1838, and joined 
 the Munster Circuit. He was elected alderman in the 
 Corporation of Dublin, and contended against O^Connell, 
 who brought the question of Repeal of the Union before 
 the Corporation. Though defeated by a large majority 
 who supported O^Connell, Butt^s ability was proved 
 by his ingenuity and fluency. He was advanced to 
 the rank of Queen^s Counsel in 1844, and, as he was 
 highly esteemed by the Conservative party, entered 
 Parliament for the borough of Harwich in 1852. He 
 subsequently sat for Youghal, and, in after-life, having 
 adopted the National cry of Home Rule, was elected 
 member for the city of Limerick in 1871, and unani- 
 mously acknowledged the leader of the Home Rule 
 party in the House of Commons, to the time of his 
 death in 1879. 
 
 Few men ever had greater opportunities of advance- 
 ment than Mr. Butt. His manners were most capti- 
 vating, open, genial, and cheerful. He was distin- 
 guished for great oratorical powers in addressing 
 
364 
 
 The Munster Circuit. 
 
 juries, great intrepidity, and accurate knowledge of 
 criminal law. During the various occasions when 
 insurrectionary outbreaks — speedily suppressed — set 
 the law in motion against state prisoners, Mr. Butt 
 was always counsel for the defence. When Smith 
 O^Brien, Thomas Francis Meagher, and others, were 
 tried in 1848, he, with Mr. Whiteside, was engaged 
 for the prisoners, and also when parties indicted for 
 sharing in the Fenian Conspiracy were tried, he was 
 their leading counsel. One of his most up-hill cases 
 was the defence of Kirwan — indicted for the murder 
 of his wife on Ireland^s Eye, a small island near the 
 hill of Howth. Mr. Butt^s energies were divided 
 between the Bar and political life, and, though pos- 
 sessed of talent for the Bench, or the State, never held 
 any appointment in either. 
 
 One of the most promising juniors, cotemporary 
 with me on the Munster Circuit, was a native of Cork, 
 bearing names well known and respected, both in 
 county and city — Hedges Eyre Chatterton. His father, 
 Abraham Chatterton, was a highly respected citizen 
 of Cork, and the future Vice-Chancellor of Ireland was 
 born in the city in 1819. Having graduated with 
 great distinction in the Dublin University, Mr. Chat- 
 terton was called to the Bar in 1843, and joined the 
 Munster Circuit. His accurate knowledge of Common 
 law and Equity, and skill as a pleader, soon obtained 
 him practice, but he preferred the quiet equity to 
 the bustling Circuit Court, and, as consulting counsel, 
 had large practice. He became one of her Majesty^s 
 Counsel in 1858. His eminence at the Bar caused 
 him to be selected as Solicitor-General in 1866, and 
 
The Munster Circuit, 
 
 365 
 
 the following year, owing to rapid promotion, found 
 him Attorney-General. A vacancy then occurring in 
 the representation of the University of Dublin, owing 
 to the elevation of the Eight Hon. James Whiteside 
 as Lord Chief Justice of the Queen^s Bench the 
 Attorney-General was elected in his place. No Attor- 
 ney-General for Ireland was more esteemed, both in 
 the House of Commons and the Irish office than Mr. 
 Chatterton, from his prompt, careful, and efficient mode 
 of transacting business. On the passing of the Chan- 
 cery Act of 1867, the Attorney-General was selected 
 for the important office of Vice- Chancellor, which was 
 hailed with great satisfaction, by both branches of the 
 legal profession. 
 
 Wyndham Goold, son of the Master in Chancery, 
 was one of my dearest friends and companions. We 
 shared the same social circle, and I seldom met 
 any one who possessed such personal attractions and 
 accomplishments. He had an ample fortune, and was 
 member of Parliament for the county of Limerick, of 
 great personal beauty, and, I believe, he never caused 
 a pang to a human being, until his early death caused 
 his friends to mourn him. 
 
 Some hon mots of Wyndham Goold show a playful 
 disposition, joined to ready wit. Old Mr. Crowe, of 
 Ennis, Colonel Wyndham^s agent, was remarkable for 
 the extraordinary length of his nose. It was liexible 
 as an elephant^s trunk, and wagged from side to side 
 whenever he moved or spoke. Mr. Crowe was appel- 
 lant in a Civil Bill Case before Judge Jackson. The 
 merits of the case were with him, but the judge was 
 coerced to refuse disturbing the decision of the Chair- 
 
366 
 
 The Munster Circuit, 
 
 man of Quarter Sessions^ and told Mr. Crowe ^^he 
 could only obtain relief in Equity/^ adding^ I regret 
 I cannot do wliat you are entitled to^ as this Court is 
 only a Court of Equity for the defendant. If you want 
 to enforce your claim you must go to the Lord Chan- 
 cellor/^ 
 
 ^^Tom/^ whispered Wyndham Goold to his friend, 
 Mr. Thomas Rice Henn_, as old Crowe^s nose w^s 
 wabbling backwards and forwards, It is plain Crowe 
 will have to file his bill/' 
 
 While walking, on a winter^s day in Nassau Street, 
 with a brother barrister, named Hunt, the ice was 
 so great he would have fallen, more than once, 
 had not Goold, on whose arm he leant, prevented 
 him. 
 
 If you don^t mind where you walk,^^ said Goold to 
 his friend, you^U be called ^ Hunt the Slipper."' 
 
 This most elegant and accomplished member of the 
 Bar, and the Senate, was cut off in the bloom of 
 youth. 
 
 Others, who were of great promise, afterwards fully 
 sustained, would merit more space than I have at 
 command. 
 
 The Hon. John Plunket, Q.C., G. B. Hickson, Q.C,^ 
 Richard Lane, Q.C., Jeremiah J. Murphy, Q.C., after- 
 wards Master in Chancery, Joshua Clarke, Q.C., County 
 Court Judge, Christopher Copinger, Q.C., R. R. 
 Warren, now Judge of the Court of Probate, Stephen 
 Woulfe Flanagan, now one of the judges of the Landed 
 Estates Court, and Privy Counsellor, Wm. B. Campion, 
 Q.C. ; Thomas Rice Henn, Q.C., now County Court 
 Judge, and Recorder of Gal way, Thomas De Moleyns, 
 
The Munster Circuit, 
 
 367 
 
 Q.C., Mr. O^Hea, Mr. J. S. Green, Q.C., Mr. Woodroofe, 
 Q.C., are all names well known and appreciated on the 
 Manster Circuit. As my personal acquaintance with 
 the circuit ceased in 1850 I must leave the fame and 
 career of the able members who so fully sustain the 
 prestige of the past to other and worthier pens. 
 
368 The Minister Circuit. 
 
 CHAPTER XXVT. 
 
 Judge Ball. — Anecdotes relating to him. — Chief Baron Brady 
 and Judge Burton. — Judge Burton's fondness for Dickens's 
 works. — Forbearance of the people of Fermoy. — O'Connell 
 declined to meet the Judge at dinner. 
 
 In the summer circuit of the year 1840, for the first 
 time we had Judge Ball as the companion of Serjeant 
 Greene. It was not long previously that Judge Ball 
 had been raised to the Common Pleas Bench on the 
 retirement of the Hon. Arthur Moore in 1839. Judge 
 Ball^s life at the Bar had been passed chiefly in the 
 equity courts, for, though he went the Connaught 
 Circuit for some years, his lucrative practice in Chan- 
 cery, and especially in the Rolls, absorbed all his time. 
 In 1838, when the eminent member of the Munster 
 Circuit, Mr. Woulfe, became Chief Baron of the Ex- 
 chequer, Mr. Ball succeeded him as Attorney- General 
 for Ireland. He represented Clonmel in the House 
 of Commons, where his social talents and pleasing 
 manners made him extremely popular. 
 
 It was related — but I will not vouch for the truth of 
 the story — that Judge Ball was so much annoyed by 
 the noise of a mill-wheel close to the court-house of 
 Cork, that he peremptorily ordered the miller to cease 
 
The Munster Circuit. 
 
 369 
 
 his work while he was engaged in disposing of the 
 business of the assizes. This was accordingly done, 
 but, as the judge did not inform the miller when he 
 might resume his grinding operations, the miller re- 
 mained some months idle, and threatened the judge 
 with an action for loss and damage sustained, but that 
 a liberal compensation atoned for the judge^s forget- 
 fulness. 
 
 Another story is related of Judge Ball, that a half- 
 crazy blacksmith once entered the assize court while 
 he was on the bench. The smith was in a half- 
 intoxicated state, but managed to slip past the police- 
 man at the side-door, and stood near the dock facing 
 the judge. He looked the very picture of an Irish 
 rowdy — dressed in a loose frieze coat, corduroy 
 breeches, grey stockings, and stout brogues, while 
 wearing no necktie, portions of a very dirty shirt wide 
 open, disclosed a bull neck, sadly in want of the 
 application of soap and water. His fiery red face, 
 bronzed by the heat of the forge and the copious liba- 
 tions of whisky, was not concealed by the hat, which, 
 despite the applications of the police, the son of Yulcan 
 declined to remove, for the aforesaid hat and its 
 brim had parted company, and the crown seemed dis- 
 posed to follow suit. 
 
 Finding Mick Cahill would not take oflF his hat, 
 although repeatedly requested so to do, the policeman 
 next him quietly took it off, and the bold smith, 
 resenting this as an insult, then and there struck the 
 constable, and floored him in the presence of judge and 
 jury. The scene which ensued may be more easily 
 imagined than described. All the police in the 
 
 B b 
 
370 
 
 The Mimster Circuit, 
 
 court-house rushed to execute the order of Judge Ball, 
 who desired the offender guilty of such contempt of 
 court ^^to be brought before him/^ 
 
 The police tried to seize Mick, but Mick struck right 
 and left, and at every blow down went a green-coated, 
 black-belted Peeler. The force had to be reinforced 
 before Mick was captured. Then he was brought, 
 plunging and kicking like a wild colt, towards the 
 bench. The judge bade him stand on his feet to hear 
 his sentence. 
 
 This was easier said than done. It was done ; and 
 once more Mick Cahill stood on the floor, like the 
 monster touching terra-firma. He shouted his war- 
 cry, tumbled police and attorneys ; the bar-whigs 
 were not respected, and Judge Ball, fearing that this 
 wild man of the bellows and anvil would invade the 
 sanctity of the bench, fled to the judge^s chamber. The 
 police asked his lordship what was to be done, and 
 were told to get him away as fast as they could. But 
 Mick refused to budge until he got his hat. He then 
 surveyed it with a glance of afi'ection, put it jauntily 
 on his head, and off'ered to fight the constable who 
 removed it for a pint of whisky. The oS'er being 
 politely declined, Mick swaggered out of court, and 
 considered he had acted more meritoriously than other- 
 wise. 
 
 In dispensing the hospitality which the judges ex- 
 tend to the Bar on circuit, I retain a very grateful 
 recollection of Judge Ball. His polished manners, 
 lively conversation, cultivated mind — enlarged by litera- 
 ture and travel — made him a most agreeable com- 
 panion. He had lived in the very best society, both in 
 
The Munster Circuit, 
 
 371 
 
 Dublin and London^ and^ kind in disposition^ sought 
 to diffuse happiness around him. 
 
 The judges who went the Munster Circuit during 
 the summer of 1845 were Chief Bakon Brady and Judge 
 Burton. Few common-law judges gave greater satis- 
 faction than Brady as Chief Baron. His clear common 
 sense^ his intuitive sagacity, which enabled him to arrive 
 at the just conclusion, his knowledge of the rules of 
 evidence, and the sound views he presented of each 
 case, whether civil or criminal, when addressing juries, 
 and his friendly manner to the Bar, made him ex- 
 tremely popular. 
 
 Of Judge Burton I have already spoken, when 
 he was a member of the circuit ; I have now to 
 allude to his merits as a judge. He had one im- 
 portant and not universal qualification. He was the 
 most patient judge I ever addressed. No amount of 
 verbosity, no wearisome repetition, no tedious prolixity 
 could elicit any reproof, or even a sympton of irritation 
 from him. He listened unmoved, and while he sat, 
 fixed as the pillar of the court, and as silent, he watched 
 with the clearest intellect and the most legal mind the 
 progress of the argument, or the hearing of the case. 
 While Judge Perrin would ask some pertinent question 
 which always served to recall the wandering counsel to 
 the real point at issue. Judge Burton would hear the 
 argument to the end, and then his decision came in the 
 fullest and most judicial style. He did not content 
 himself with merely giving his conclusions, he stated 
 the reasons on which his decisions were based. He 
 gave in minute detail the arguments or the objections 
 on both sides, and the cases cited, distinguishing each, 
 
 B b 2 
 
372 
 
 The Mtmster Circuit, 
 
 and asHi{jnin<^ it the proper place and value in the 
 argument. 
 
 In private Hociety, as vv^hen on the bench, I found 
 Judge Burton simph) and natunil. He spoke, when 
 last I dined with him, about Dickens's novels. I 
 delight in tlic^m,'' snid the old judge — then nearly 
 eighty years of ag(? — 1 never can bear to lay one of 
 them out of my hand until I have read it through/' 
 This very admission would of itself denote how decjply 
 the judge shared the sympathies of the gifted author, 
 how truly he felt, with Dickens, the infirmities of his 
 fellow-men. Oft(;n, when sitting on the bench, where 
 other judges affect, if they do not feel, a stern Rhada- 
 manthus-liko stoicism. Judge Burton has been seen to 
 display the common weakness of humanity. 
 
 This was the case when he tried the miscreants in- 
 dicted for the fearful deed long remembered in Tip- 
 perary as the burning of the Sheas '' — one of the 
 most atrocious crimes in the Irish calendar. Judge 
 liurton wept as he declared " he never heard or read 
 anything more truly pitiable than the fate of that un- 
 fortunate family.'' Mr. Shiel, who was engaged for 
 the prisoners, alluded to this in the course of his im- 
 pressive speech. 
 
 It fell to Judge Burton's lot to pronounce the sen- 
 tence of the Court of Queen's Bench, after the jury 
 found O'Connell and the other traversers guilty of the 
 offences charged against them in 1844, and here, when 
 pronouncing the sentence of the Court on his old 
 friend and circuit companion, he was deeply moved. 
 
 It is a source of pleasure for me to relate that my 
 presence in his company was the means of sparing the 
 
The Munster Circuit. 
 
 373 
 
 venerable judge the expression of popular odium for 
 having thus discharged a most unpleasant duty. At 
 the close of the Cork Assizes in August, 1845, I was 
 staying at my father's house in Fermoy, and chanced 
 to be in the hotel when Judge Burton's carriage halted 
 to have a relay of post-horses. He was then on his 
 return to Dublin. As he rested for some time in one of 
 the sitting-rooms of the hotel, I sat with him, and 
 when the horses were harnessed I gave him my arm to 
 assist him down the steep stairs. When we reached 
 the hotel door, opening upon the square of Fermoy, I 
 noticed a very considerable crowd of men, chiefly of 
 the working class, assembled. They were much more 
 than the usual number of idlers loitering around the 
 hotel doorway. I saw my old friend safely ensconced in 
 his carriage with his registrar ; the postillion cracked 
 his whip, round went the wheels, and away they drove. 
 It was not until some time afterwards I was made 
 aware that this crowd had collected for the express 
 purpose of hooting Judge Burton for having sentenced 
 O'Connell, but that when my fellow-townsmen saw 
 him leaning upon my arm, they, out of compliment to 
 me, refrained from any expression of disrespect. It 
 appears that O'Connell did not exhibit the same 
 equanimity towards the old judge as the people of 
 Fermoy. He no doubt felt more acutely the sentence, 
 though why he should have entertained any ill-feeling 
 towards the judge I cannot conceive. 
 
 During the same assizes, when in Limerick, in 1 845, 
 the going judges. Chief Baron Brady and Judge 
 Burton, accepted an invitation from the then Mayor of 
 Limerick, W. J. Geary, M.D., to meet the Corporation 
 
374 
 
 Tlie Mttnstcr Circuit, 
 
 at dinner. It chanced that 0^ Connelly who arrived in 
 Limerick with his fidxis Achates , honest Tom Stale^ on 
 his way to Derrynane, was waited upon at his hotel 
 by the mayor, who invited the great tribune also. 
 O^Connell readily accepted the invitation, but on sub- 
 sequently hearing the judges were to be present— one 
 of them having so recently sentenced him — he inti- 
 mated to the mayor it was impossible he could go to 
 the dinner, and left the city. This caused quite a 
 sensation. A meeting of the Corporation took place, 
 and the following resolution was moved by James 
 Kelly, M.P. for the city, seconded by Martin Honan, 
 Esq. : — 
 
 This Council having heard with surprise that the 
 Liberator is under the impression that the invitation 
 he received from the mayor on last Wednesday had 
 emanated from this body, resolved that though on this, 
 as on all other occasions, we would feel highly proud 
 of the presence of the Liberator, yet we deem it right 
 to communicate to him that if the mayor used the 
 name of the Corporation, he did so without authority ; 
 and that the town clerk be instructed to apprise the 
 Liberator that we feel too high a respect for him to 
 allow him, for a moment, to remain under such an 
 impression."'^ 
 
 OX'onnell, who was then staying at Derrynane, lost 
 no time in writing to express his regret at being under 
 the erroneous impression that the invitation was from 
 the Corporation, and not from the mayor. He thanked 
 the Corporation for their cordial kindness, and, in re- 
 ference to a projected public dinner to himself, said, 
 ^' Our sole object should be to advance the cause of 
 
The Munster Circuit, 375 
 
 Repeal^ quite independently of any compliment to any 
 individual/^ 
 
 We are told the matter ended here^ but it left some 
 bitterness^ whicli time^ however, removed/ 
 
 ^ Lenehan's History of Limerick," p. 505. 
 
376 
 
 The Munster Circuit. 
 
 CHAPTER XXVII. 
 
 Lord Justice Deasy. — His Career at the Bar. — Eight Hon. 
 Edward Sullivan, Master of tlie Eolls. — Brilliant Progress as 
 Leader on the Munster Circuit. — Ee burned to Parliament as 
 Member for Mallow in 1865. — Parliamentary Success. — Bight 
 Hon. Judge Lawson. — My First Acquaintance in 1843. — His 
 Promotion. — Great Qualities at the Bar and on the Bench. 
 
 During the Lent Assizes of 1868^ Baron, now Lord 
 Justice, Deasy, and Hon. Judge, now ex-Lord Chan- 
 cellor, the gifted and honoured Lord O^Hagan, went as 
 judges on the Munster Circuit. A brief notice of the 
 first-named of these eminent judges ought to have 
 place in this record of the Munster Circuit. Few 
 members of the legal profession reaped the reward of 
 professional labour more deservedly and conscientiously 
 than Lord Justice Deasy. He was born at Clonakilty, 
 in the county of Cork, where his family have long been 
 highly respected. From his boyhood, Eickard was dis- 
 tinguished for his studious habits ; and, selecting the law 
 for his future employment, took advantage of his resi- 
 dence in London to master its principles. He placed 
 himself under the care of those eminent men who take 
 pupils in chambers, where they are presumed to acquire 
 a knowledge of common law and equity pleading, real 
 property law and conveyancing. I say presumed to 
 
The Munster Circuit, 
 
 377 
 
 acquire a knowledge^ because, as all students, no 
 matter whether of law or any other branch of the great 
 tree of knowledge, are well aware, how much more 
 depends upon the student than the master. The latter 
 may be willing and able to teach, while the student 
 may be unwilling to learn ; and thus, from the idleness 
 of the unprofitable student, the money he has paid is 
 lost, the hopes of his friends doomed to disappointment, 
 and, instead of the credit he ought to be to his family 
 and to himself, he is sure to become a cause of reproach 
 and regret. 
 
 I remember the late Lord Chief Justice Whiteside 
 giving us, in his lectures at the Law Institute, many 
 years ago, some amusing accounts of idle law students. 
 One of these, being entrusted by his preceptor, who 
 had written a book of practice, with compiling the 
 index, did it somewhat after this fashion : — Great 
 Mind, vide Lord Ellenborough. Lord Ellenborough, 
 p. GG.-^^ On looking for Lord Ellenborough, p. 66, the 
 reference to Great Mind was, Lord Ellenborough 
 said he had a great mind to nonsuit the plaintiff/' 
 
 Not of this class was Mr. Deasy. He was well 
 aware that youth is the time for study, and that study 
 and research can alone make the accurate lawyer. 
 When he was. called to the Irish Bar, in 1835, his clear 
 views on legal questions, his masterly dissection of 
 cases, and the ease with which he treated such as 
 required his statement in court, showed distinctly his 
 familiarity with the matter in hand. I happened, as a 
 law student, to be in court when, for the first time, 
 Mr. Deasy addressed the Bench. It was some motion 
 to be disposed of by a single judge, but the judge, as 
 
3/8 
 
 Tlie Minister Circuit, 
 
 well as the law student^ could not help being impressed 
 with the peculiarly clear and terse manner in which the 
 junior shaped his statement, giving the necessary in- 
 formation in the fewest words requisite for clearness, 
 displaying the most thorough knowledge of what he 
 wanted, what he knew the Court could grant, and what 
 his client had a right to obtain. The judge leaned 
 over the bench and inquired the name of the counsel, 
 and I was perfectly convinced that the name of Rickard 
 Deasy would soon be often shouted in the Library and 
 echoed in the Hall. Few at the Bar identified them- 
 selves more closely with their clients. He fought their 
 cases with an eagerness sometimes amusing to listen 
 to, and it was hopeless for any Judge to attempt to 
 stop Mr. Deasy so long as he had anything to say 
 which he thought ought not to remain unsaid. I was 
 in the Court of Chancery when the cause of Tangney 
 V, Anderson was at hearing before the Lord Chan- 
 cellor, Sir E. B. Sugden. I was personally interested 
 that the plaintijff, for whom Mr. Deasy was retained as 
 counsel, should not succeed. The mind of the Chan- 
 cellor, I believed, was with us ; and when Deasy 
 rose to speak, his lordship intimated a very strong dis- 
 inclination to hear him, but in a few firm but respectful 
 words, Mr. Deasy, then at the Outer Bar, asserted his 
 right to be heard, and the Chancellor had to sit quiet, 
 while Mr. Deasy argued the case in a manner that 
 made me tremble for the safety of my paternal acres. 
 However, the decree soon settled the question most 
 satisfactorily. 
 
 Mr. Deasy went the Munster Circuit for some years 
 before he got into much practice ; but when promotion 
 
The Minister Cireuit, 
 
 379 
 
 or death removed Pigot^ Jackson, Collins, Cooper, 
 O'Brien, and others from the path, Deasy, with J. D. 
 FilzGerald, Joshua Clarke, Charles R. Barry, Edward 
 Sullivan, Exham, and those who now worthily appear 
 the leaders of the Munster Bar, came to the front. He 
 got the rank of Queen^s Counsel in 1849, and when the 
 death of Judge Moore, in 1858, placed Serjeant O^Brien 
 on the Bench, Mr. Deasy succeeded him as Serjeant- 
 at-Law. When his friend and relative, Edmund Burke 
 Roche, who had long represented the county of Cork 
 in the House of Commons, was raised to the Irish 
 peerage as Lord Permoy, and therefore was disqualified 
 from sitting for an Irish constituency in Parliament, 
 Mr. Deasy was induced to become a candidate for the 
 county of Cork. He was returned as colleague of the 
 late Vincent Scully, Q.C. 
 
 As a member of Parliament he was greatly respected. 
 He had that business habit and conciseness which is so 
 satisfactory to the House, and considered a rare quality 
 for an Irishman in general, and an Irish barrister in 
 particular. Then he was a favourite, for the modera- 
 tion of his views, his ability in meeting attack, and his 
 fairness when encountering a political adversary. He 
 did not long remain in the rank of Serjeant. In 1859 
 he was appointed to the office of Solicitor-General, 
 having as his colleague Mr. J. D. FitzGerald, the 
 Attorney-General ; and when the elevation of the latter 
 to the Bench, in the following year, caused Mr. Deasy 's 
 promotion to the rank of first law officer for the Crown, 
 it also necessitated his re-election to the House of 
 Commons. 
 
 To his surprise, and pecuniary loss, he found himself 
 
380 
 
 The Munster Circuit, 
 
 exposed to the worry and expense of a contest. Lord 
 Campden was started for the representation of the 
 county of Cork^ but Mr. Deasy^s friends were not dis- 
 mayed, and succeeded in re-electing him by an over- 
 whelming majority. He did not long remain subject 
 to the fluctuation of official position. The death of 
 Baron Greene, in 1861, caused his promotion, and, to 
 the gratification of his friends, Mr. Deasy became one 
 of the Barons of the Court of Exchequer, and, in 1877, 
 was appointed Lord Justice of Appeal. 
 
 In October, 1869, the unexpected death of John 
 Edward Walsh, a very eminent judge, whose literary 
 labours illustrated Irish life in the pages of the 
 Dublin University Magazine,'^ ^ made room on the 
 Bench of the Rolls Court for one of the leaders of the 
 Munster Circuit — the Right Hon. Edward Sullivan. 
 Mr. Walsh died in Paris, at the comparatively early 
 age of fifty-two. He sat on the Bench, as Master of 
 the Rolls, only three years, but during that time gave 
 unmixed satisfaction, from his great ability as a lawyer, 
 his patience and industry as a judge, and his courtesy 
 as a gentleman. It was with universal acclaim the 
 announcement was received that the Attorney- General, 
 Mr. Sullivan, was appointed to succeed the lamented 
 John Edward Walsh. 
 
 Mr. Sullivan is closely connected with the Munster 
 Circuit. He is the fourth Master of the Rolls the 
 Circuit has given to the Bench within the present 
 century.^ He was born at Mallow, in the county of 
 
 1 " Ireland Sixty Years Ago." 
 
 2 1, Curran, leader of the Munster Circuit, Master of the 
 EoUs from 1806 to 1814; 2, Sir William McMahon, Munster 
 
The Munster Circuit, 
 
 381 
 
 Cork^ in 1826^ educated, as Curran was, at Midleton 
 School in that county, and was so well versed in his 
 examination course that he obtained first place at his 
 entrance to Trinity College, Dublin, in 1839. His 
 university career was eminently a distinguished one. 
 He obtained a scholarship, the gold medal of the 
 College Historical Society, where he was famed for 
 oratory, and elected Auditor in 1845. Happily select- 
 ing the Bar for his future profession, he was called in 
 Michaelmas Term, 1848, and, as was natural from his 
 connexions, selected the Munster Circuit. Mr. Sullivan 
 had a large circle of friends among that most valuable 
 class to the young lawyer, the attorneys, and those of 
 his native town soon brought forth the forensic talents 
 of the young Mallow barrister. 
 
 On Circuit, as in the Four Courts, he was distin- 
 guished by his depth of learning, his readiness, and 
 professional skill. Though small of stature, he had the 
 voice of Stentor, and a copiousness of language which 
 few equalled. His practice grew so rapidly that, after 
 being ten years at the Bar, he received the silk gown 
 of Queen^s Counsel, and when, two years later, the 
 promotion of the ill-fated Serjeant Berwick ^ to the 
 Bench, as Judge of the Court of Bankruptcy, caused a 
 vacancy among the Serjeants, Edward Sullivan received 
 the coif. In 1861 he became law adviser at the Castle. 
 In 1865 he was appointed Solicitor- General for Ireland, 
 
 Circuit, Master of the Rolls, 1814 to 1837; 3, Sir Michael 
 O'Loghlen, Bart., leader of the Munster Circuit, Master of the 
 Rolls from 1837 to 1842 ; 4, Edward Sullivan, leader of the 
 Munster Circuit, Master of the Rolls, 1869. 
 3 Killed in the railway collision at Abergele. 
 
382 
 
 The Mtmster Circuit. 
 
 and then had the honour of representing his native 
 town of Mallow in the House of Commons^ being pre- 
 ferred to the late Robert Longfield^ Q.C. Here his 
 power as an orator^ backed by his knowledge as a 
 lawyer^ and his intimate acquaintance with Irish social 
 questions^ made him formidable in debate. He gained 
 first the ear^ then the hearty of the House^ and, it is 
 said, no one of the English members felt his worth more 
 keenly, and appreciated his services more correctly, 
 than the eminent statesman, William Ewart Gladstone. 
 When that distinguished statesman assumed the reins 
 of Government, in 1868, in the formation of the new 
 Government the post of Attorney- General for Ireland 
 fell to Mr. Sullivan. Mr. Gladstone availed himself of 
 his aid to frame the Irish Church Bill, and while that 
 measure was passing through the Commons found no 
 abler ally to argue the clauses, to meet the objections, 
 and press the views of the Government, while the bill 
 was in committee. In fact, Mr. Gladstone and Mr. 
 Sullivan were the members on whom the weight of 
 debate chiefly fell. Of course his share in that measure 
 to some degree alienated from him the affection of his 
 co-religionists, but his frank, manly bearing, his cordial 
 manners, and his straightforward reasons disarmed 
 resentment. At the Bar, and on Circuit, he leaves 
 only the remembrance of honourable conflict. Jn his 
 present position, as the Master of the Rolls, the public 
 derive great benefit from his acquaintance with the 
 dictum, the law, and practice of the Court. Among 
 his triumphs at the Bar, we must not forget his cross- 
 examination of the defendant, then the Hon. Major 
 Yelverton, when Mr. Sullivan was associated with the 
 
The Minister Circuit, 
 
 383 
 
 late Chief Justice of the Queen^s Bench in the cause 
 celebre, Thelwell v. Yelverton. Daring the Summer 
 Circuit of 1874, the presiding judges were Baron 
 Deasy and Judge Lawson. It was the latter judge^s 
 first appearance on the Munster Circuit in a judicial 
 capacity, so a brief notice of him may be introduced 
 here. He is a native of Munster, born in Waterford, 
 and was a distinguished student in the Dublin Univer- 
 sity, where he obtained a scholarship in 1836, and a 
 gold medal io 1837. He studied for the Bar, not 
 merely skimming the surface of legal learning, but 
 diving to the lowest depths, and drawing thence pearls 
 of rare price. W ell prepared for the practice of his 
 arduous profession, he was called to the Irish Bar in 
 1840, and selected the Leinster Circuit. In 1841 he 
 was elected successor to an eminent member of the 
 Munster Circuit, Mr. Butt, as Whately Professor of 
 Political Economy, by the Dublin University ; and I 
 remember, with his round, boyish, whiskerless face, 
 looked a very juvenile Professor indeed. During the 
 meeting of the British Association at Cork, in 1843, he 
 and I became acquainted, and during our tour along 
 the beautiful river Blackwater, in Munster — visited 
 by the members of the British Association in conse- 
 quence of my paper, read before the statistical section, 
 which shortly afterwards expanded into my His- 
 torical and Picturesque Guide to the Blackwater, in 
 Munster — Mr. Lawson shared with me the hospi- 
 talities of Sir Richard Musgrave, Bart., who feasted us 
 the first day ; the Earl of Mount Cashel, who received 
 us at Moore Park the second day j and my father, who 
 entertained the party at his ofiicial residence, New 
 
384 
 
 The Miinster Circuit. 
 
 Barrack House^ Fermoy,, tlie third day. My sisters 
 had invited many of the officers of the Fermoy garrison 
 and their wives to meet the savants, and to one, who 
 asked my youngest sister what the very young gentle- 
 man, Mr. Lawson, was, my sister naively said, Oh, 
 he^s the Professor of Economy.^^ Professor Lawson 
 rapidly got large practice at the Bar, being equally 
 well versed in common law and equity. His position 
 in the Four Courts and on Circuit would have entitled 
 him to the rank of silk gown, but he abstained from the 
 position until he felt his place on his Circuit rendered 
 his doing so necessary. He therefore did not become 
 a Queen^s Counsel until the year 1857. He addressed 
 the electors of the University of Dublin as a candidate 
 for the representation in 1858. But as he professed 
 Whig principles, the electors were not induced to 
 relinquish either of their Conservative representatives 
 in his favour, and accordingly re-elected Messrs. 
 Whiteside and Lefroy. On the appointment of 
 Serjeant O^Hagan to the office of Solicitor- General, 
 in 1860, the vacant coif was conferred on Mr. Lawson, 
 and when Mr. O^Hagan became Attorney- General, in 
 the following year, Serjeant Lawson became his 
 colleague as a law officer of the Crown. He followed 
 closely on the footsteps of Mr. O^Hagan, and on the 
 elevation of that gentleman to the Bench of the 
 Common Pleas, in 1865, Mr. Lawson succeeded him as 
 Attorney- General for Ireland. It is always important 
 for the Government to have their chief law officer in 
 the House of Commons, and, in the general election of 
 1865, the Attorney- General contested the borough of 
 Portarliugton with Captain Darner^ and with success. 
 
The Munster Ciraiit, 
 
 His parliamentary career was much interrupted by his 
 time being much engrossed by the Fenian revolt and 
 the State prosecutions^ which prevented his absence 
 from the Irish Courts. He ceased to hold ofl&ce when 
 the Whigs were defeated_, and also lost his seat for 
 Portarlington ; but on the return of the Whigs to 
 office^ and when the elevation of Judge O^Hagan to the 
 custody of the Irish Great Seal left a judgeship on the 
 Bench of the Common Pleas vacant^ Mr. Lawson, as 
 usual, followed O^Hagan, and became a judge of the 
 Common Pleas. 
 
 On the Bench, as at the Bar, his legal knowledge, 
 his clear, logical mind, his familiarity with business, 
 and his friendly, social manners, free from any tinge 
 of hauteur or superiority, made him extremely popular ; 
 and though extreme politicians doubt in the reality of 
 his Whig pretensions, as he makes all political feelings 
 give place to the strict discharge of his judicial duties, 
 we have no right to question a matter of this sort. 
 
 c c 
 
386 
 
 The Mitnster Circuit. 
 
 CHAPTER XXVIII. 
 
 Attempts to assassinate a Land Agent. — Gal tee Castle. — 
 Increase of Uents. — The Agent fired at. — An Iron Barrack.— 
 The Ambuscade. — The Coachman shot — Activity of the 
 Policemen. — Arrest of Thomas Crowe. — His Trial.— Convic- 
 tion and Sentence. — Compensatioti awarded. — The Agent 
 removed. — Spring Circuit, 1877. — Mr. James Eobinson, Q.C. 
 — The Kilfinan Case.— The Yougal Ferry Case. 
 
 Crowning the summit of a gentle hill in Munster, en- 
 compassed by the peaks^ passes, and precipices of the 
 Galtee mountains, stand the picturesque tov^ers of Gal- 
 tee Castle. Here, not long since, ruled the puissant 
 Earls of Kingston. Here, at a remoter time, FitzGib- 
 bon, commonly called the White Knight, kept his state. 
 He was chief of a portion of the Desmond territory ; and 
 here the said White Knight, as is told in Chapter II., cap- 
 tured the Earl of Desmond, who sought shelter in a cave 
 called Slievegort, and the White Knight sent him a 
 prisoner to Cork, for which service the Cork historian ^ 
 states he was rewarded with the sum of lOOOZ. But 
 the White Knight and his descendants, the Earls of 
 Kingston, no longer rule over this wild and picturesque 
 territory. The profuse hospitality of the Kingston 
 family, the enormous expense of contested elections in 
 
 ' Smith's " History of Cork," Yol. i. p. 79. 
 
The Miinster Circuit, 
 
 387 
 
 which they took part^ the desire to outrival the large- 
 acred peers of England^ so mortgaged the estates of 
 the Earls of Kinorston, that when actino^ as counsel in 
 a creditor's suit to foreclose a mortgage^ I ascertained 
 the charges on the vast property of the family was 
 between three and four hundred thousand pounds. To 
 this incumbrance constant litigation added very consider- 
 ably. In 1849, the 5th Earl, James_, told me the litigation 
 concerning his grandfather's will (he died 17th April, 
 1799) was not then over, and therefore it can hardly cause 
 surprise to learn that when the Landed Estates Court 
 proved an expeditious mode for diminishing the area 
 of incumbered Irish estates, the property of the Earls 
 of Kingston, in the counties of Cork, Limerick, and 
 Tipperary, estimated, at one time, at something like 
 400,000 acres, was speedily reduced to more concise 
 dimensions. 
 
 It happened that a very large slice of this heavily 
 mortgaged property, lying along the western sides of 
 the Galtees from Kilbenny, in the county of Liilierick, 
 to Araglin, in the county of Cork, was purchased by 
 an English, capitalist, who realized a considerable for- 
 tune as a manufacturer at Staleybridge, which town he 
 represented in the House of Commons. Although the 
 picturesque seat of Galtee Castle might have formed 
 an attraction for a lover of scenery, it seems not to 
 have tempted the purchaser to make it his residence. 
 Possibly he was unaware that this district is immor- 
 talized by Edmund Spenser the poet, in the legend of 
 Constancie.^ That here the deities assembled, and 
 
 2 " Faerie Queene," Canto YI. 
 c c 2 
 
388 
 
 The Mtmstcr Circuit. 
 
 that the Brackbawn, the rock- channelled stream which 
 sweeps^ with the dash and foam of a torrent, through 
 the glen of the Castle, was the favourite bath of 
 Diana. The source of this stream is thus as faithfully 
 as poetically described by Spenser : — • 
 
 " For first she springs out of two marble rocks, 
 On which a grove of oak high-mounted grows, 
 That as a garland seems to deck the locks 
 Of some fayre bride brought forth with pompous showes 
 Out of her bower, that many flowers strewn, 
 So through the flowery dales she tumbling downe, 
 Through many woods and shady coverts flowes, 
 That on each side her silver channel crown, 
 Till to the plain she comes, whose vallies she doth drown. 
 
 In her sweet stream Diana used oft, 
 After her sweatie chase and toilsome play 
 To bathe herself ; and often on the soft 
 And downy grass her dainty limbs to lay 
 In covert shades, where none behold her may, 
 For much she hated sight of living eye." 
 
 Perhaps the proximity of the Castle to the county of 
 Tipperary, so distinguished some years ago by nume- 
 rous agrarian crimes, caused the new proprietor of 
 Galtee Castle to remain an absentee in England. 
 Whatever the cause, he did not live in the Castle, but 
 allowed his agent to do so. This gentleman was the 
 representative of the landlord — his agent in collecting 
 his rents, and as he soon became highly unpopular, the 
 target for the assassin^s weapons. 
 
 It is sad to write this. It is sad to think that, at 
 this day, with all our social progress, with all our 
 efforts ia civilization, the old war between landlord and 
 
The Munster Circuit. 
 
 389 
 
 tenant is as bitter, if not as extensive as it was wlien 
 Cromwell^s soldiers gave to the transplanted Celts the 
 option of Hell or Connaught in exchange for the 
 green fields — the pleasant homes, and loved localities 
 where they were born, and hoped to die. But it is 
 not my province to write upon the land tenure of 
 Ireland, save so far as it engenders crimes, which, alas, 
 stain the course of the Munster Circuit. 
 
 It appears that the purchaser of this part of the 
 Earl of Kingston estates, which we have just described, 
 was not satisfied with the rental he had acquired. 
 Like Oliver Twist, he wanted more,^' and finding the 
 tenants unprotected by lease, had the lands revalued, 
 and resolved to raise the rents. I need hardly say the 
 land upon the slopes of the Gal tee mountains is far 
 from productive ; lying in a wild and rocky region 
 remote from market towns, or means of extensive 
 traffic, it did not afford much subsistence to the tenants 
 after paying rent, rates, and taxes. The notion of 
 being called upon to pay a higher rent than that which 
 was often scraped together with difficulty, caused a 
 wail of sorrow throughout the district. Those whose 
 ears are ever open to the poor man^s sorrows, whose 
 hearts are ever ready to sympathize in his affliction, 
 heard the cry, and laboured to avert the coming blow. 
 The priest of the people interfered, and tried to 
 moderate demands they felt to be unreasonable. The 
 influence of the Catholic clergy had not the desired 
 effect, and accordingly the tenants had only the sad 
 alternative of yielding to the pressure^ or leaving the 
 land. 
 
 In a country like Ireland, devoid of manufactures. 
 
390 
 
 Tlie Mimsttr Circuit, 
 
 having little or no remunerative mines at work, nothing 
 in short for the people to look to for employment, save 
 agriculture, there is practically no option for the bulk 
 of the people. If the man does not work on the land, 
 he starves, or adds to the rates by resorting to the 
 poor-house. Though the farmers on the Galtee pro- 
 perty regarded the increased rents as a step to beg- 
 gary, many of them agreed to terms they were power- 
 less to resist, and the increased rent was promised, 
 and, for the most part, paid. One of the tenants, a 
 man named Patrick Ryan, who conld not, or would not 
 pay, was evicted. He and his family were cast upon 
 the roadside, and, alas, the mode of revenge, so common 
 in the county of Tipperary, was taken. 
 
 On a fine spring evening the land agent was watch- 
 ing the setting sun, as it oast a parting beam over the 
 lovely landscape around Galtee Castle. Bn^ds were 
 piping their sweet notes in the shrubbery, and the 
 buds of the evergreens were beginning to clothe the 
 boughs with half-opened leaves. Had he been familiar 
 with the Faerie Queene, he would probably have looked 
 into the Brackbawn, as it pursued its limpid course 
 into the valley below, for a glimpse of Diana, when the 
 light of the moon, sacred to that goddess, cast a soft 
 effulgence on the scene. Soon he had other thoughts 
 to occupy him — the evicted tenant lay in ambush with 
 the weapon of death in his hand. The intended vic- 
 tim, unconscious of danger, approached the assassin^s 
 hiding-place. Suddenly the holy hush of the evening 
 hour was broken by the discharge of a gun. The 
 agent was fired at from the shrubbery. The weapon 
 was loaded with slugs, which tore his clothes, and a 
 
The Munster Cirant, 
 
 391 
 
 few pellets struck him^ but either the charge of powder 
 was too weak^ or the distance he stood from the 
 assassin too far, for he providentially escaped any 
 serious iojury. 
 
 Aware of the danger in which he stood, the agent 
 carried a revolver, and now in his turn he fired in 
 the direction whence his assailant had aimed at himself. 
 He missed the man, and saw Eyan crossing a field, 
 which caused the natural belief he was the person who 
 committed the outrage. For several months the police 
 of the district kept at a hot pursuit after Kyan. It is 
 said his escapes were many, that when the police were 
 entering by the door, he was leaping out the window, 
 until at length he contrived to get away from Ireland 
 in a fishing-smack from Kinsale. 
 
 It was stated that this man^s wife and children, 
 deprived of his support, when driven from their little 
 farm, threw up a rude shanty against a ditch on the 
 lands. This was not allowed to remain. The agent 
 summoned the wretched occupants before the magis- 
 trates at petty sessions at Galbally, and the wretched 
 woman and her children were obliged to leave the 
 district. • Fearing the consequences of his position the 
 agent naturally desired such protection as would pre- 
 serve him from personal danger. He bought an iron 
 house for occupation by policemen, which he placed 
 close to his residence at Galtee Castle, and herein was 
 stationed four constables, under charge of Constable 
 Nugent. The expense of supporting these constables 
 falling upon the people of the district, formed a heavy 
 tax upon the abeady impoverished tenants. Feeliug 
 how precarious was his tenure of existence, the ob- 
 
392 
 
 The Munster Circuit. 
 
 noxious agent never ventured fortli unarmed or un- 
 attended. He usually was escorted by two policemen, 
 armed with their rifles^ while he, too, carried fire-arms. 
 
 On Thursday, the 80th of March, 1876, shortly after 
 the gala day, the agent went into Mitchelstown, a con- 
 siderable country town in the county of Cork, about 
 five miles distant from his dwelling, where he had an 
 office for transacting the business of the estate. Here 
 he was occupied in receiving the rents, and many of 
 the tenants were punctual, and paid their rents, and, 
 obtaining receipts, betook themselves home. 
 
 After closing the office, about five o^clock, the agent 
 got on his outside jaunting-car to drive back to Galtee 
 Castle. On one side sat the agent and Constable 
 Nugent; on the other another constable, and the 
 steward and bailifi*. The driver of the car was named 
 John Hyland. The whole party were well armed. 
 The road from Mitchelstown towards Galtee Castle is a 
 level one for the most part, with open fields, and 
 bordered by fences of moderate size. Farm-houses lie 
 scattered over the country and by the roadside. At 
 Kilbenny, about three miles from Mitchelstown, is a 
 police station and small village. Nearer to Mitchels- 
 town, at a place called Garryleigh, is a thick hedge 
 close to the road, and the farmhouse and haggard 
 of a farmer named O^Brien. Cocks of hay and out- 
 buildings are near at hand ; and on the opposite side 
 of the road lies a ditch, with a few scattered bushes. 
 Behind the hedge two men lay in wait for the agent, 
 one having a double-barrelled fowling-piece, the other 
 a single-barrelled gun. At the back of the ditch, on 
 the opposite side of the road, crouched a third man. 
 
The Munster Circuit, 
 
 393 
 
 armed with a blunderbuss and a heavy cavalry pistol. 
 As the outside car drove rapidly on its way_, no sooner 
 had it reached the fatal spot where the assassins 
 lurked than a weapon was discharged. A shower of 
 shot and slugs rattled upon the vehicle. Had the man 
 with the blunderbuss aimed low^ both the agent and 
 Constable Nugent must have received the contents, 
 for they heard the stream of missiles pass over their 
 heads^ and, unhappily, many of them lodged in the 
 body of the hapless coachman, who fell from his seat 
 shot through the heart. The agent did not pass 
 unhurt. Five of the slugs hit him about the legs, 
 arms, and face. The steward^s ankle was grazed. 
 Constable Nugent had his tunic torn by a brace of slugs, 
 and some struck his shoulder and knee ; but, luckily, 
 these did not impede his activity. When the agent 
 said, Serjeant, there^s the man who fired the shot,^' 
 Nugent looked steadily in the direction^, and closed 
 with the man who fired. Another of the assassins was 
 covered by the sub -constable, who fired at him, and 
 the man stumbled and dropped his gun ; but instantly 
 stooped down, picked it up, and escaped. At the 
 same time, the constable saw a man come from 
 O^Brien^s haggard with his face blackened. This 
 man fired twice at the sub-constable, but missed him. 
 He escaped through a gap in the corner of the haggard. 
 He, the sub -con stable, then helped Constable Nugent 
 to handcuS" the prisoner. The shot fired by the pri- 
 soner had killed the driver of the car. When this 
 man was shot, he feli back on the car, and subse- 
 quently dropped upon the road. The agent and his 
 steward drove on homeward. Passing by Kilbenny police 
 
394 
 
 Tlie Munster Circuit, 
 
 barrack^ they gave the alarm to the force stationed 
 there^ whu were soon on the fatal spot. The prisoner 
 was brought to the barrack at Kilbenny. He proved 
 to be a man named Thomas Orowe^ about sixty years 
 of age^ and unmarried. He was a native of Tipperary. 
 The body of John Hyland was brought into Mitchels- 
 town_, and underwent a fost mortem examination. 
 
 At the ensuing Cork Summer Assizes of 1876^ 
 Thomas Crowe was tried before Judge Lawson for the 
 murder of John Hyland. The case for the Crown was 
 stated by Serjeant Sir Colman G^Loghlen^ and the facts 
 proved by Mr. Bridges^ Constable Nugent, and Sub- 
 constable Jones^ as I have already detailed them. 
 Doctors O^Neill and M^Craith^ who had examined 
 the body of Hyland^ were called by the Crown. Dr. 
 M^Craith^ who was examined by Mr. Green^ Q-C, 
 deposed that on the night of the murder he examined 
 Hyland^s body. He found a bullet wound over the 
 heart, and a hole through his clothes on the left side. 
 He passed his finger through this wound, and found a 
 bullet inside. The pellet had passed through the 
 hearty and lodged in the backbone. The resident 
 magistrate, Mr. Eaton^ proved he took the information 
 of ihe agent, which he read over to the prisoner. He 
 cautioned the prisoner before he brought him to the 
 presence of the agent; and when he read the in- 
 formation to him, asked him if he wished to cross- 
 examine the agent, and that anything he stated would 
 be taken down. The prisoner said, I don^t want to 
 ask the agent any question ; I hear what he says, and 
 I can^t contradict him.^^ The prisoner was zealously 
 defended by two barristers — Messrs. Blackhall and 
 
The Mitnster Circuit, 
 
 395 
 
 Lawrence, instructed by Mr. J. T. O^Connell. They 
 .sought to prove that the prisoner was not the guilty 
 man; that it was incredible to suppose a man who 
 never saw the land agent before^ who entertained no 
 ill-feeling against him^ a man advanced in life, without 
 any provocation^ went and committed that atrocious 
 murder. Both counsel made able addresses to the 
 jury, commenting upon the very unreliable nature of 
 the evidence produced against the prisoner, and the 
 entire want of motive for the crime. The absence of 
 the bailift' was strongly observed upon ; also that one 
 of the police swore he saw a man with his face 
 blackened. Counsel urged it was most likely any one 
 associated in this fearful outrage would be disguised ; 
 whereas the prisoner wore nothing of the kind. Mr. 
 Murphy, Q.C., replied on the part of the Crown. He 
 went very carefully through the evidence^ showing 
 how clearly the guilt of the prisoner was established. 
 In reference to the observations made by the counsel 
 for the prisoner upon the absence of O^Loghlen^ the 
 bailiff, Mr. Murphy said, "Very naturally, this man 
 O^Loghlen was anxious to provide for his own safety. 
 It did not appear he saw anything that was going on in 
 the fields and it did appear he got quickly out of the 
 way.^^ Judge Lawson having summed up with his 
 usual clearness and ability^ the juiy retired at seven 
 o^clock, and about eight o^clock brought in their verdict 
 of ^' Guilty .^^ 
 
 Mr. Bull_, clerk of the peace, demanded^ in the usual 
 form^ " if the prisoner had anything to say why sen- 
 tence of death and execution should not be passed upon 
 him.^^ The prisoner had nothing to urge^ whereupon 
 
396 
 
 The Miinster Circuit. 
 
 Judge Lawson said^ You^ Thomas Crowe^ have been 
 found guilty, on evidence of a very clear and convincing 
 character/ of having committed the crime of which 
 you were convicted. In fact, you were taken red- 
 handed in the very act. And although I believe that 
 the victim that fell by the fire of your blunderbuss 
 was not the person whom you meant to put to death, 
 you are found guilty in having taken the life of an 
 innocent man, your own life must necessarily be for- 
 feited for the crime. You must have been brought 
 there by others or gone there to commit that deed. I 
 can hold out no hope of mercy to you. Unfortunately 
 the crime of murder or assassination has been much 
 too common in this country, and, therefore, my duty is 
 now to pass sentence of death upon you. His lordship 
 having assumed the black cap, sentenced Crowe to be 
 hanged on the 25th August, and buried within the 
 precincts of the gaol. This sentence was carried into 
 efi*ect. 
 
 In order to induce the peasantry to discourage the 
 commission of such crimes, the Legislature passed an 
 Act, empowering parties injured, or the representa- 
 tives of those who are killed, to apply to the Grand 
 Jury of the county when crimes are committed, who 
 are at liberty to award due compensation for such 
 offences, which is levied off the district. Accordingly 
 notice having been duly served for such application in 
 this instance, when the verdict was obtained, the 
 claims were heard by the Grand Jury for the county of 
 Cork. 
 
 Mr. Heron, Q.C., and Mr. Peter O'Brian appeared 
 for the injured parties. These were the Agent, Mary 
 
The Munster Circuit. 
 
 397 
 
 Hyland, widow of the murdered man, Constable 
 Nugent, and O^Loghlen, the baihff. Messrs. Murphy, 
 Q.C., O^Brien, Q.C., O^Riordan, and Fitzgerald were 
 counsel for the tenantry of the district, and Mr. John 
 Roche counsel for the ratepayers of Mitchelstown. 
 The case was very fully discussed and the demands re- 
 duced to about half what was originally sought. 
 
 In the course of his address to the Grand Jury Mr. 
 Heron read several threatening letters showing the 
 animus against the agent. I can only find room for 
 one, which may be taken as a sample of the rest. It 
 was posted in Tipperary on the 29th April, 1876, 
 one month after the last attempt at his assassination : — 
 
 Leave, Leave, LEAVE, or if you don^t, we^U face 
 you and your body-guard in the face of God and man, 
 if it was in the chambers of Galtee Castle in the noon- 
 day, and will not leave until your body will be cold 
 and your soul in hell. Hyland got the same warning, 
 and ridiculed it. Let you ridicule this if you like, it is 
 the last, and if rejected will prove fatal. 
 
 Your Attempted Assassin.-*^ 
 
 In the course of his examination the agent swore 
 there were 527 tenants on the estate. The gross rental 
 was 5550Z. About a dozen or a dozen and a half held 
 by lease. The rent was raised on 450, about 130 were 
 served with notice to quit. These were on the pro- 
 perty in Limerick, Tipperary, and Billarue. 
 
 The Grand Jury awarded as compensation to the 
 agent lOOOZ.j to the widow of John Hyland, 700L ; 
 Constable Nugent, lOOZ.; Patrick O'Loghlen, 10/. 
 
398 
 
 TJie Munster Circuit. 
 
 total, 181 OL, the amount to be paid off the parish of 
 Brigown in three instalments. 
 
 The Judges of Assize on the Spring Circuit of 1877 
 were the late Right Hon. Judge Keogh and James 
 Robinson, Q.O., selected for Circuit owing to the ill- 
 ness of Chief Baron Palles. Of Mr. Robinson^s quali- 
 fications as an able lawyer I am competent to speak. 
 In his student days we were both members of the Law 
 Student^s Debating Society, and I yet preserve several 
 notes of his arguments which show how laboriously and 
 carefully he prepared himself for discussing the legal 
 questions at our evening meetings. He graduated as 
 Master of Arts in the University of Dublin, and was 
 called to the Bar in Michaelmas Term, 1836. He 
 selected the Connaught Circuit and soon his legal 
 arguments and steady application to his profession 
 met their reward. He had very considerable practice, 
 and in 1852 was called to the Inner Bar as Queen^s 
 Counsel. He became Chairman of Quarter Sessions for 
 the county of Cavan, and in the year 1870 was elected 
 a Bencher of the King^s Inns. 
 
 The Spring Circuit had somewhat more than the 
 average amount of criminal business, and among the 
 cases tried were several very revolting. At Limerick 
 an old couple, man and wife, were indicted for the 
 murder of their daughter-in-law at Kilfinan. It ap- 
 peared on the trial that an ill-feeling subsisted on the 
 part of the old man towards his daughter-in law. He 
 was heard to say she was of a bad breed, and 
 thought she was not sufficiently kind to him in regard 
 to his food/^ One day, when her husband went to the 
 bog for turf, leaving his wife in her usual good health. 
 
The Munster Circuit, 
 
 399 
 
 an alarm was given to the police that the woman was 
 dead. On the police going to the cabin they found it 
 true. She lay on the floor of the cabin with several 
 severe wounds on her head, which the old man said 
 were owing to the old chimney having blown down 
 and fallen on her/^ There was no wind to cause the 
 fall, and the chimney coald not have crushed the wo- 
 man where she lay, so the old couple were suspected. 
 Blood was found on the old man^s clothes, and some 
 grey hairs clutched in the deceased woman^s hand 
 corresponded with those of her father-in-law. The 
 man and his wife were tried at Limerick before Mr. 
 Kobinson. He directed the woman to be acquitted, 
 and the jury found the old man guilty of manslaughter. 
 He received a heavy sentence. At Cork a man named 
 Cremen, lessee of the tolls of Youghal ferry, and a 
 boatman named Connor were tried for manslaughter. 
 The case was a very sad one. On the 1st October, 
 1876, the ferry-boat plying between the ferry slip at 
 Youghal and the opposite shore had a very large 
 number of passengers, no less than twenty-four per- 
 sons, chiefly of the farming and dealing class, who had 
 gone to Youghal from Ardmore and the neighbour- 
 hood, and were returning with their marketing. These 
 poor people all crowded into the boat. The day was 
 most inclement ; rain fell in heavy showers ; wind 
 blew in fitful gusts, and a heavy sea rolled from the 
 harbour^s mouth. The boat was old and leaky, so 
 that several of the passengers found their feet soaked 
 when they took their seats. At length, having their 
 full freight of passengers, the boatmen pushed off*. After 
 leaving the shelter of the quay several heavy seas 
 
400 
 
 The Munster Circuit. 
 
 struck the old boat^ and, alarmed the passengers, 
 who prayed the boatmen to put back. Ere they could 
 comply the boat filled, and no less than sixteen of the 
 ill-fated passengers were drowned. lu quests were held 
 on many of the bodies, and the lessee of the ferry and 
 a boatman were sent to the Cork Assizes. They were 
 tried for manslaughter before Mr. Robinson, Q.C. The 
 evidence was very clear, and the jury found them both 
 guilty. In passing a severe sentence the jndge ad- 
 verted to the danger of using a boat in so dilapidated 
 a state as that which caused this lamentable accident, 
 and considered the case was one which called for a 
 severe sentence. He accordingly pronounced one. 
 
 There was such an amount of criminal business for 
 the county of Kerry as to require the assizes to be 
 adjourned, and when the Cork dock was cleared the 
 judges had to return to Tralee. 
 
The Miinster Circuit, 
 
 CHAPTER XXIX. 
 
 The Kecreations of the Munster Ear. — Father Ljne. — Pareell 
 O'Gorman. — John Anster, LL.D. — Judge Talfourd. — Lite- 
 rary Members of the Munster Bar. — The Blarney Banquet. — 
 Theatricals in Limerick. — The present condition of the 
 Munster Bar. 
 
 The recreations of the Munster Bar is the subject of 
 my last chapter of this eventful history. What social 
 gatherings^ pleasant memories of joyous evenings — 
 alas ! too swiftly passed — do not these words recall. 
 For I speak only of the past^ the present is a sealed 
 book to me^ and therefore I refer only to days that are 
 gone^ when I went Circuit. Then our festive board 
 was usually presided over by the mirth-compelling 
 Father Lyne^ or the ever genial^ kindly presence of 
 George Bennett. Con Lyne^ as he was popularly 
 called, looked the very embodiment of social mirth, 
 and his disposition did not belie his looks. He went 
 Circuit solely for the sake of the society it afforded 
 him, and he contributed in no small degree to keep 
 alive the perpetual streani of fun and merriment which 
 kept us amused after the routine of our court business 
 was over. To see him at the head of the long dinner- 
 table — his purple-hued face reflecting as it were the 
 colour of the wine circulating before him — his coat 
 thrown back, his little rotund figure seated in his 
 
 D d 
 
402 
 
 The Mmister Circuit, 
 
 chair, he reminded me of the jolly old Father Silenus 
 of the Greeks. He was the best post-prandial orator I 
 ever heard. In truth it was his forte. Grattan said 
 of Flood, " On a small question he was miserable. 
 Give him a distaff, and, like Hercules, he made sad 
 work of it ; but give him a thunderbolt, and he had 
 the arm of a J upiter.''^ Now Con Lyne was the re- 
 verse of Flood. What he would have done with a 
 great question I cannot say, for I had no opportunity of 
 hearing him, but on small matters he was admirable. 
 In proposing toasts, such as the health of our guests, few 
 equalled, none excelled him. He sang, too, amatory 
 and convivial songs, of women and wine; the airs of 
 the Beggar^s Opera were his favourite melodies. A 
 stranger hearing him called Con, inquired of a brother 
 barrister, "Is he Con of the Hundred Battles ?^^^ 
 " No,^^ was the response, " He is Con of the Hundred 
 Bottles.^' 
 
 After dinner, at the Bar Mess, music, recitations, 
 lively jest and witty repartee enlivened our gatherings. 
 I violate no privacy — I promise to hurt no feelings, by 
 disclosing how we passed our evenings. We usually 
 had a piano in our dining-room at Cork, and many of 
 our members were accomplished performers. Singing, 
 with solos, duets, or glees, went with the notes of 
 the instrument, and the solos of Mr. John Deane, son of 
 the eminent Cork architect, the late Sir Thomas Deane, 
 the duets of the distinguished and able Judge of the 
 Admiralty, Mr. John Fitzhenry Townshend, and Mr. 
 Garde ; the piano-playing of Mr. Richard Bourke, and 
 
 ^ A famous Irish warrior was so designated. 
 
The Munster Circuit. 
 
 403 
 
 others, was exceedingly good. All the members — Mr. 
 M. J. Barry^ Standish Thomas O^Grady^ D. Griott — 
 all who could add to the harmony of oar society^ were 
 called on to do so, and cheerfully complied. 
 
 On one occasion, Mr. Nicholas Purcell O^Gorman, 
 who had long been secretary to the Catholic Asso- 
 ciation, and associated with O^Connell in all his efforts 
 to gain Catholic emancipation, being asked to sing, 
 stoutly declared ^^he knew nothing of music of any 
 sort.^^ 
 
 I think you are forgetting, Purcell,^^ remarked a 
 wittv barrister at the table. 
 
 Forgetting what V 
 
 That you can play sometimes.^^ 
 
 Put him on his trial,^^ said Father Lyne. 
 Thereupon the Bar Mess prosecutor for the Circuit 
 impanelled a jury of our witty Father, under the 
 name of Con Lyne, Con Sign, Con Fine, Con Dign, &c., 
 to try whether the prisoner at the bar ever played upon 
 any instrument whatever. 
 
 The witness deposed that on a stated day, in the 
 hall of the Catholic Association in Dublin, he saw and 
 heard the prisoner publicly playing second fiddle to 
 Daniel O'Oonnell.'^ 
 
 This caused much amusement. 
 
 Finding rhymes for difficult words sometimes exer- 
 cised the talent of the barristers. 
 
 Porringer was a crust, until thus hit off : — 
 
 "Here's a rhyme for porringer, here's a rhyme for porringer, 
 A king he had a daughter fair, and gave the Prince of Orange 
 her." 
 
 D d 2 
 
404 
 
 The Munster Ciraiit. 
 
 The word Timbuctoo elicited the following : — 
 
 *' If I were a cassowary 
 
 On the plains of Timbuctoo, 
 I'd eat lip a missionary, 
 
 Togs and gown and hymn-book to." 
 
 This was deemed rather irreverent towards the* pious 
 missionary, and the legal poets tried again. 
 
 " I went a hunting on the plains — 
 The plains of Timbuctoo ; 
 I shot a buck for all my pains, 
 And he was a slim buck too." 
 
 This passed muster with the Munster Bar. 
 
 Our most distinguished poet was John Anster, 
 LL.D., a native of Charleville, in the county of Cork. 
 He was a man of great and varied erudition. He ob- 
 tained a scholarship in the University of Dublin, and 
 lii^ prize poem, On the Death of the Princess Char- 
 lotte/^ placed him in the front rank of modern poets. 
 He was perhaps more famed in literary circles than at 
 the Bar, as the translator of Goethe^s Faust,'^ and 
 the author of Xeniola,^^ and other poems. He was 
 the readiest at finding rhymes. He alone found one for 
 Apocalypse. It w^as not very flattering to his own 
 countenance, which was comely and expressive of 
 liigh talent : — 
 
 " Lo, Anster was there, with his pale face and chalky lips. 
 Like to the beast that's found in the Apocalypse." 
 
 Anster did not continue long on the Circuit. He 
 
The Munster Circuit, 
 
 405 
 
 never was fitted for court practice, and I suspect he 
 devoted much more of his time to poetry than law. 
 On being appointed Registrar of the Admiralty Court, 
 whereof a very prosy lawyer, the late Sir Henry 
 Meredyth, was the judge, Mr. F. W. Conway, pro- 
 prietor of the Diihlin Evening Post, meeting Anster, 
 congratulated him on obtaining a snug sinecure. 
 
 What do you mean by a sinecure ? asked Anster, 
 A place with little or nothing to do/^ 
 Then you are greatly mistaken if you think I am 
 so fortunate,^^ replied the poet. 
 
 ^^What have you to do asked Conway, in much 
 surprise, for it was notorious the business was then 
 next to nothing. 
 
 Listen to the judgments of Sir Henry Meredyth,^^ 
 said Anster, and he added the couplet : — 
 
 If you want to be bored, and bored to the very death, 
 Go list to a speech from Sir Henry Meredyth." 
 
 Anster once — I believe only once — defended a pri- 
 soner. A man named Kelly had incurred the enmity 
 of the Whiteboys, and his doom was sealed. He was 
 waylaid, and the contents of a blunderbuss stretched 
 him lifeless on the highway. Some clue was obtained, 
 which led to the arrest of the murderer, and he stood 
 in the dock in Cork, indicted for the capital crime. 
 
 Being undefended, the Judge assigned John Anster, 
 LL.D., to give the prisoner the benefit of his legal 
 skill. It was a trying ordeal for poor Anster, who had 
 little experience in common — less in criminal — law; 
 but by some fatality, a material flaw in the indictment 
 
4o6 
 
 The Munster Circuit, 
 
 to which the prisoner pleaded was whispered by some 
 veteran friend, and Anster, to the surprise of every- 
 one in general and himself in particular, made the 
 point, obtained the ruling in his favour, and the pri- 
 soner was acquitted. 
 
 Anster sat up late that night in his lodgings in Old 
 George Street, Cork. All the inmates of the house 
 save himself were in bed, when a rude knock startled 
 the poet-barrister. It was unattended to, and, when 
 repeated, Anster went to the door. He heard his name 
 pronounced, and, on opening the door, saw the White- 
 boy whose life he saved by making the point which 
 upset the indictment. 
 
 Oh, Kelly, is that you ? he said, naming not the 
 living, but the murdered man. 
 
 *^I^m not Kelly, plaze your honour,^^ returned the 
 client; ^tis meself is the boy that shot him.^^ 
 
 This hardy avowal caused Anster to shut the door 
 very speedily in the face of his first and last client 
 from the dock. 
 
 That poetry and legal ability are by no means incom- 
 patible was proved by a very eminent member of the 
 English Bar and Bench, who visited Cork during the 
 assizes, and dined at the Bar Mess — the late Judge 
 Talfourd. To those who had the happiness of knowing 
 that eminent judge, I need hardly say how delighted 
 the Munster Bar were when he gave us the pleasure of 
 his company. He was a most accomplished man, and 
 no one enjoyed the society of intellectual minds more. 
 
 As Judge Talfourd^s career affords an excellent proof 
 how great literary fame may be combined with the 
 practice of the Bar, I subjoin a brief account of this 
 
The Munster Circuit, 
 
 407 
 
 accomplished member of the English Bench. In his 
 early days Thomas Noon Talf ourd was connected with 
 the London Press, and, I believe, a reporter for the 
 Times. He prepared himself carefully for the legal 
 profession, and, when called to the Bar, soon obtained 
 practice. He displayed a masterly knowledge of the 
 principles of law, which so gratified those who sought 
 his services, he was soon recognized as a safe junior, 
 and, though his love of literature caused some old 
 heads to shake, judges held his law was not rendered 
 unsound by his fame as a poet. His ability at the Bar 
 increased his practice every year, and his reputation as 
 an accomplished orator and successful dramatist kept 
 pace with his reputation as an accurate lawyer. He 
 obtained a seat in the House of Commons, and his 
 speeches in Parliament on the law of copyright and 
 his drama of Ion were familiar to the members of 
 the Munster Bar. We hailed with sincere pleasure 
 the visit of one whose legal, parliamentary, and literary 
 fame shed such lustre upon our profession. 
 
 Besides Dr. Anster, other members of the Munster 
 Circuit gained distinction in various fields of literature. 
 Dr. Kenealy, a native of the county Cork, and for a 
 time on the Munster Circuit, published a work called 
 
 Brallaghan, or the Deipnosophists,^^ displaying much 
 classical ability. His translation of the poem on 
 Castle Hyde into Greek verse is admirable. He did 
 not obtain practice on the circuit, and soon left the 
 Irish for the English Bar. 
 
 Michael Joseph Barry, also a native of Cork, was 
 favourably known as a writer by his excellent poems 
 in the magazines. His Kisshogue Papers,^^ composed 
 
4o8 ' The Munster Circuit, 
 
 in the style of the "Ingoldsby Legends/' are little, if 
 at all, inferior to those humorous tales. In conjunc- 
 tion with the late Judge Keogh, Mr. Barry compiled a 
 work on " Chancery Practice/' which displayed much 
 research. 
 
 Another barrister of the same name, the late Mr. 
 Michael Barry, the Professor of Law in the Cork 
 College, I was told occasionally obtained briefs in- 
 tended for the writer on Chancery Practice," and also 
 invitations to parties meant for the author of the lively 
 
 Kisshogue Papers.'' The frequency of these mistakes 
 elicited the following ^eu d'esprit from the injured 
 poet : — 
 
 " No wonder my namesake my anger provokes, 
 For he'afeed for my law, and he's fed for my jokes." 
 
 Mr. Michael Joseph Barry was deservedly esteemed 
 by Charles Lever, and, when that popular writer 
 edited the Dublin University Magazine, ranked Mr. 
 Barry as one of the most esteemed contributors. 
 
 Mr. Heron, Q.C., now a leader of the Circuit, has 
 published an interesting History of the University of 
 Dublin," and some legal works relating to the Irish 
 Land Laws, which display great knowledge of his 
 subject. The late John F. Maguire, M.P., occasionally 
 joined the Bar Mess. He too was a varied and able 
 writer, as his Irish in America," The Life of Father 
 Mathew," and other works prove. Isaac Butt, M.P., 
 Q.C., also contributed largely to enrich the pages of 
 the Dublin University Magazine by his contributions, 
 chiefly political. He has written a novel, The Pass 
 
The Munster Circuit. 
 
 409 
 
 of Barnesmore/^ a work on Italy^ and several essays 
 on various subjects. 
 
 While on Circuit, our kind friends in Cork were 
 profuse in their hospitality, and one of the banquets — 
 which my memory recalls from its singularity — was 
 given in true Celtic style by the late venerable Fatlier 
 Matt Horgan, parish priest of Blarney. 
 
 It was a bright summer day during the Summer 
 Assizes when, accompanied by Frank Walsh, John 
 Francis Maguire, and other Cork notabilities, I drove 
 to Father Mattes dinner-party. He received us in the 
 banquetting-hall — a large barn. In the centre of this 
 barn a long table literally groaned beneath such a pro- 
 fusion of solids and fluids as I never beheld placed 
 upon a table before or since. Here sirloins of beef 
 jostled legs of mutton, rows of chickens aitefnated 
 with hams and tongues, while whisky by the gallons 
 and stacks of sugar by the loaf showed our worthy 
 host resolved if any one went away hungry or thirsty 
 the fault was his own. 
 
 Father Matt himself was the very type of a hos- 
 pitable Irishman. Tall and strong-limbed, though his 
 silver locks showed the frosts of Time had touched his 
 head, his words of welcome soon satisfied me they 
 failed to reach his heart. We sat to our plentiful 
 repast, and the appetite caused by the drive, and the 
 air, and the good-fellowship, soon made considerable 
 inroads upon the viands; while, after dinner, the 
 flowing bowl went its circling round. Father Matt 
 was a man of considerable antiquarian research, and 
 the round tower at Blarney owed its erection to him. 
 
 Another pleasure we derived was from the exercise 
 
410 
 
 The Mimster Circuit. 
 
 of hospitality. When a member of one of the other 
 circuits in Ireland or England, or a former member of 
 our own, happened to be in the assize town at the same 
 time with us, he was usually invited to dine with us at 
 the Bar Mess. The sight of old, once familiar, faces 
 was sure to awaken the memories of the past, and we 
 sought to entertain our former companions with our 
 best cheer. 
 
 Our brethren who attended as special counsel were 
 always honorary members of our mess, and many 
 pleasant recollections are derived from some of those 
 eminent members of other circuits amongst us. 
 
 The Bar always patronize the drama, and both in 
 Limerick and Cork the theatrical managers usually 
 succeed in collecting a good company, and there is 
 sure to be a performance under the special patronage 
 of the members of the Bar. At Limerick a theatre 
 was built in Cornwallis Street, in 1 770, which was a 
 celebrated one in its day. It afforded the citizens the 
 opportunity of witnessing the performances of the 
 brightest stars of the theatrical firmament. Here 
 David Garrick, Mossop, Barry, Ryder, Mrs. Siddons, 
 Mr. Kean, Mr. Kemble, Macklin, George Frederick 
 Cooke, Miss Farren, &c., delighted the spectators by 
 the representation of the works of our best dramatists. 
 
 But the playgoing citizens of Limerick were not 
 solely indebted to foreign aid to support the stage. 
 A very excellent corps of amateurs performed with 
 decided success. One of them was well known to us 
 in his own distinguished and respected character, the 
 late Sir Mathew Barrington.^ Others, whose taste and 
 2 He died in Dublin, 1st April, 1861. 
 
The Munster Circuit, 
 
 411 
 
 talent were often displayed upon the boards in support 
 of local charities^ were Messrs. John M^AuliflT, Pierce 
 Brett^ John Gubbins^ George Hogan, Andrew Tracy, 
 and William Glover> 
 
 We are told that from this old theatre one night the 
 celebrated comedian, George Frederick Cooke, stag- 
 gered forth intoxicated. He had taken more whisky 
 than his brain could carry, and, arrayed in the dress in 
 which he performed Petruchio in the Taming of the 
 Shrew/^ set forth to return to his hotel. Missing his 
 way, he was attracted by a light in a window, and 
 entered a poor, humble house, in one of the narrow 
 lanes, where the inmates were waking a corpse. A 
 group of aged crones were keening over the deceased, 
 when Cooke suddenly entered. He scared the assem- 
 blage by his strange appearance, and, advancing 
 towards the bed on which the body lay, he addressed 
 the mourners with — 
 
 " How now, ye secret, black, and midnight hags, 
 what is^t ye do ? 
 
 We can readily believe the comedy in which he 
 lately played was very nearly followed by a tragedy, 
 but he managed to get to his hotel. 
 
 Among the notable residents or natives of Limerick, 
 who distinguished themselves in the theatrical profes- 
 sion, were Andrew Cherry and Miss Catherine Hayes. 
 Cherry composed " The Soldier^s Daughter and 
 '^The Travellers,''^ to which Dibdin contributed the 
 songs. He was originally a printer, and employed in 
 the printing ofiice of the Limerick Jotmial newspaper. 
 The vicissitudes of an actor's life were experienced by 
 him ; at one time on the verge of starvation as a 
 
412 
 
 The Munster Circuit. 
 
 strolling player^ then for several years one of the lead- 
 ing comedians at Covent Garden. He must have been 
 a witty man^ judging from the following anecdote. 
 Once^ when asked to form part of a company by a 
 manager who had not fulfilled a former engagement, 
 he replied, — 
 
 Sir, — You have bitten me once, and I am resolved 
 you shall not make two bites of 
 
 ^^A. Cherry/' 
 
 Edmund Kean appears to have been unpopular in 
 Limerick. The Assembly Rooms, on Charlotte Quay, 
 opened on September 13th, 1824, with ''Richard III.,'' 
 Kean playing Richard. He played for five nights to 
 empty houses, and though engaged for twelve nights, 
 threw up his engagement in disgust. On a subsequent 
 visit he was better supported, and played alternately 
 tragedy and comedy. 
 
 The present Theatre Royal, in Henry Street, was 
 built by Mr. Joseph Fogarty in 1841. 
 
 The habits and manners of the playgoing gentry of 
 Limerick have happily changed since O'Connell's time, 
 as the following anecdote shows : — At the Bar Mess, 
 during the Spring Assizes of 1812, one of the bar, Mr. 
 Standish O'Grady, addressing 0' Council, who sat next 
 him at table, said, " I am going to the play, O'Con- 
 nell; will you come ?" 
 
 ''No, indeed," replied O'Connell, "the bills inform 
 us the play to-night is under the patronage of the 
 grand jury. I have had some unpleasant experience of 
 those gentlemen, and can assure you they are not the 
 most agreeable companions in a box after dinner.'' 
 
The Miinster Circuit. 
 
 413 
 
 0' Jonnell and several others of the Bar sat chatting 
 at the Bar Mess^ and before they separated for the 
 night were joined by O'Grady. 
 
 " I thought, Standish/^ said Dan, you were at the 
 theatre?'' 
 
 I went there, sure enough/' replied O'Grrady, 
 and, Dan, you are quite right. I was shown into the 
 centre box, and made myself comfortable in the front 
 row, when a dozen noisy fellows came in. On seeing 
 one of them had his head close to a peg on which I 
 had placed my hat, I said to him, very civilly, ^ I hope 
 my hat does not obstruct your view. If so, pray allow 
 me to remove it.' 
 
 ' Faith, my tight fellow,' he replied, ^ you may 
 take your oath it doesn't, for if it did, I'd kick it into 
 the pit, and yourself after it.' Now, as this fellow and 
 his companions looked as if they thought the kicking 
 affair would be prime fun, and as I dislike being kicked 
 in or out of a theatre, I made no remonstrance, but put 
 on my hat and left the box." 
 
 I here conclude my History of the Munster Cir- 
 cuit." I have followed its course from the days of 
 Queen Elizabeth to the reign of our Most Gracious 
 Sovereign, Queen Victoria. I have shown that 
 during three centuries we have had upright judges, 
 able advocates, and impartial jurors. I have pre- 
 served the names and recorded the achievements of 
 our most distinguished barristers ; their fame is our 
 inheritance, and it is, certainly, a source of pride for 
 me to reflect that for learning, for a.bility, for high 
 principle, for every attribute which distinguishes men 
 as barristers and as gentlemen, the members of the 
 
414 
 
 The Munster Circuit, 
 
 MuDster Circuit to-day may challenge competition with 
 their renowned predecessors, If my history merits 
 their approval, I shall be sincerely happy. Of those 
 who were my beloved companions upon the Circuit for 
 the greater part of my time, many are passed away, 
 while others enjoy the honours of the profession, and 
 now adorn the bench. Some few are still in harness, 
 and, in reading over my pages, they, I trust, will find 
 nothing to condemn. They were ever kind and friendly 
 tov/ards me, and I take this opportunity of expressing 
 my belief that the Munster Bar deserves the high 
 esteem in which it has been held by the public. 
 
 " My task is done, my tale hath ceased, my theme 
 Has died into an echo ; it is fit 
 The spell should break of this protracted dream. 
 The torch shall be extinguish'd which hath lit 
 My midnight lamp, and what is writ is writ." 
 
 Would it were worthier ! 
 
 THE END. 
 
\ 
 
 INDEX. 
 
 Abduction, 85, 135. 
 Annaly, C.J., Lord, 91. 
 Anne, Queen, 76, 77. 
 Anster, LL.D., John, 404. 
 Arbnthnot, Miss, 85. 
 Arbuthnot, Sir Tbomas, 301. 
 Ardmore, 399. 
 
 Armstrong, J. W., 113, 130. 
 Ashworth, Eev. J. H., 220. 
 Aston, Sir W., 51. 
 Atterbury, Bishop, 222. 
 Aubrey's Lives, 17. 
 
 Bagnal, Marshal, 10. 
 Ball, Judge, 248, 368. 
 Banim, John, 213. 
 Barnewall, Sir K., 71. 
 Barrington, Sir Jonah, 109, 2C4. 
 Barrington, Sir Matthew, 410. 
 Barry, Eight Hon. Judge, 240. 
 Barry, John Harold, 320, 328. 
 Barry, M. J., 403, 407. 
 Barry, Professor, 248. 
 Beecher, Sir Henry, 38. 
 Bennett, Q.C., George, 293, 350. 
 Bernard, Judge, 93. 
 Bevan, Michael, 395. 
 Blackball, Mr., 394. 
 Blackwater, the, 15. 
 Bolingbroke, Lord, 77. 
 
 Boucicault, Dion, 292. 
 Bourke, Mr. Kichard, 402. 
 Boyle, Earl of Cork, 38, 39. 
 Brady, Chief Baron, 373. 
 Brereton, Q.C., W. W., 361. 
 Bridgeman, Mr., 223. 
 Brougham, Lord, 258. 
 Browne, Nicholas, 6. 
 Browne, Sir Yaleiitine, 6. 
 Browne, Serjeant, 139, 260. 
 Bruce, G. E., 188, 279. 
 Bunratty Castle, 224. 
 Burgh, Walter Hussey, 105. 
 Burke's Peerage, 263. 
 Burke's, WilHam, ride, 324. 
 Bull, Mr., 395. 
 Butler, Sir Toby, 71. 
 Butt, Q.C., M.P., Isaac, 362, 408. 
 
 Callaghan, Mat, 84. 
 
 Callanan's Lament, 96. 
 
 Campbell, Lord, 13. 
 
 Garden, Mr., 85. 
 
 Carew, Sir George, 20, 33. 
 
 Carleton, C. J., Lord, sketch of, 
 
 108, 254. 
 Carr, BiUy, 231. 
 Casey, Mr., 140. 
 Cecil, letter to, 3. 
 Chatham's, Lord, statue, 253. 
 
4i6 
 
 Index, 
 
 Chatterton,Vice-Chancellor,254, j 
 364. 
 
 Cherry, Andrew, 411. 
 Christian, Lord Justice, 265. 
 Clancarthy, Earl of, 6. 
 Clare, Earl of, 9, 10. 
 Coe, Jane, 40. 
 Collins, Q.C., Stephen, sketch | 
 
 of, 352. \ 
 Collis, Cook-, 48, 84. j 
 Cooke, G. F., 411. , 
 Cooper, Q.C., Harry, sketch of, j 
 
 353. ' 
 Coppinger, Sir R., 41. ■ 
 Corbet, Chief Baron, 47. j 
 Cork, 4, 7, 9, 33, 36 ; account of, j 
 
 252. 
 
 Cornwallis, Lord, 137, 259. | 
 Cotter, Sir James, U7. 
 Cox, Sir Eicharrl, 67, 254. 
 Crampton, Judge, 2 4, 
 Creagh, Michael, 311. 
 Creggan Tower, 220. 
 Croke, Mr., case of, 338. 
 Cromwell, Oliver, 45, 46, 225. 
 Crookshank, Judge, 1^9. 
 Crowe, Thomas, trial of, 394. 
 Curran, John Philpot, 2, 106, 
 
 107, 113, 119, 126, 132, 149 ; 
 
 orations, 254, 262. 
 
 Doneraile, Lord, 122. 
 Doneraile, Special Commis- 
 sioner, 307. 
 Downes, C.J., Lord, 262. 
 Duels, 125, 126, 223, 224. 
 Duggan, Mr., 74. 
 Dnnboyne, 5. 
 
 Eaton, Mr. R. M., 394. 
 Ehzabeth, Queen, 2, 5, 14, 19. 
 Ennis, 9 ; described, 211. 
 Evans, Admiral, 311. 
 
 FiNUCANE, Judge, 140, 153, 215. 
 Fitton, Sir E., 9. 
 FitzGerald, Baron, 265, 397. 
 FitzGerald, Colonel, 141. 
 FitzGerald, Judge, 228, 359. 
 FitzGibbon, John, 102. 
 Fitz Gibbon, Lord Chancellor, 
 
 104, 128. 
 FitzGibbon, Master, 104. 
 FitzGibbon, Lord Justice, 104. 
 Fitzpatrick's " Ireland before 
 
 the Union," 24 ]. 
 Fleetwood, Lord Deputy, 47. 
 Fletcher, Judge, 264. 
 Flood, Mr., 283. 
 
 Day, Judge, 127, 139, 162, 260. 
 Deane, Mr. John, 402. 
 DeasVjLord Justice, 254 ; sketch 
 of,'^376. 
 
 Desmond, Earl of, 13, 14,20, 23. 
 Devon, Earl of, 291. 
 Doherty, Eight Hon. John, 
 speech of, 315. 
 
 Foley, Mr., 224. 
 j Franks, Family, fate of the, 300. 
 I Franks, Sir John, 160. 
 I Freeman of Castlecon, 74, 140. 
 
 ! Frost, J.P., James, 217. 
 
 I 
 
 I 
 
 I Galtee Castle described, 386. 
 Garde. Mr., 402. 
 " Garryowen," Latin version of, 
 229. 
 
 Geary, Dr., 373. 
 
Index. 
 
 417 
 
 Gibson's "History of Cork," 
 10, 19, 21, 40, 45, 65, 98, 100. 
 
 Gilbert's "History of Dublin," 
 70. 
 
 Gladstone, Eight Hon. W. E., 
 382. 
 
 Glin, Knight of, 296. 
 Going, Major, 291. 
 Goold, Thomas, 160. 
 Goold, Wyndham, 365, 366. 
 Grady, Harry D., 241. 
 Grady, Thomas, 278. 
 Graves,D.D., Eight Eev. Charles, 
 242. 
 
 Greatrakes, Valentine, 59. 
 Greene, Baron, 213, 380. 
 Griffin, Gerald, 292. 
 Griott, Dan, 403. 
 Gubbins, Eev. H., 298. 
 
 Halt, Chief Justice, 81. 
 Hare, Major, 292. 
 Hart, Sir Anthony, 340. 
 Hatton, Sir Christopher, 12. 
 Hawke, Admiral, statue of, 253. 
 Hawkes worth, Amory, 154. ■ 
 Hayes, Sir H., trial of, 163. j 
 Hay man, Eev. Canon, 60. j 
 Henn, William, 160 ; family of. ; 
 
 216. ; 
 Henn, Jonathan, 354. 
 Henn, Thomas Eice, 216. ; 
 Hennessy, Mr. Pope, 15. | 
 Henry YIII., 12. i 
 Heron, Q.C., D. C, 396, 408. \ 
 Highfort, gallant defence of, 272. 
 Holmes, Eobert, 347, 348. 
 Horgan, Father Matt, 409. 
 Howard, Mr., 224. 
 
 Hutchinson, Colonel, murder of, 
 177. 
 
 Jackson, Judge, 254, 350. 
 James I., refusal to proclaim, 33. 
 James II., statue in Cork, 252. 
 Jebb, Bishop, 243. 
 Jocelyn, Solicitor- General, 93. 
 
 Kean, Edmund, 411. 
 Kelly, James, 374. 
 Kelly, Jerry, 153, 257. 
 Kelly, John, 69. 
 Kelly, Judge, 139. 
 Kelly, Thomas, 69. 
 Kenealy, Dr., 407. 
 Kennedy, Misses, abduction of, 
 87. 
 
 Keogh, Judge, 360, 398. 
 Kerry, state of, 133 ; eminent 
 
 barristers, 251. 
 Kilcolman Castle, 1 6. 
 Killaloc, 211. 
 Killarney, 251. 
 Kilworth, 48. 
 Kimberly, Mr., case of, 93. 
 Kingston, Earl of, 140; romance, 
 
 143 ; estate of, 386. 
 Kirwan, Dean, 242. 
 Knight's vow, the White, 23, 
 
 386. 
 
 Lawb,exce, Mr., 395. 
 Lawson, Judge, sketch of, 383. 
 Lee Eiver, 251. 
 
 Lenehan's "History of Limerick" 
 quoted, 227, 242, 271, 2P1, 
 375. 
 
 Limerick, 207 ; described, 227. 
 
 E e 
 
4i8 
 
 Index, 
 
 Limerick to Tralee, 246. 
 Long, Mr., 347. 
 Longfield, Judge, 255. 
 Louis XYL, 138. 
 Low, George Bond, 308. 
 Lyne, Con, sbetcli of, 401. 
 Lysaght, I^ed, 157, 217. 
 
 MacCarthy, D. F., 244. 
 MacGarthy, Francis, 313. 
 ATacCartliy, Lady Ellen, 5. 
 MacCraith, Dr., 394. 
 MacDonogh, 5. 
 Macmahon, Sir Wm., 160. 
 Macnally, L., 234. 
 Macnamara, 219. 
 Madden, Dr. E. E., 112. 
 Madden, Daniel 0., 1, 181, 182, 
 249. 
 
 Magner, Mr., escape of, 42. 
 Maguire, M.P., John Francis, 
 408. 
 
 Malone, Prime Serjeant, 71. 
 Mansfield, Lord, 265. 
 Marley, Attorney- General, 93. 
 Massy, Eev. 0., case of, 184. 
 Mayne, Judge, 256, 257. 
 Mead, W., 34. 
 Metge, Baron, 263, 
 Midleton, Lord, 254. 
 Moore, Eev. E., 135.. 
 Moore, Thomas, 154. 
 Morrice, Eev. Wm., 222. 
 Mount-Cashel, Earl of, 48, 383. 
 Mount joy. Lord, 35. 
 ]\rusgrave. Sir Eichard, 383. 
 
 Nagle, Garrett, 321. 
 
 Newton, Florence, trial of, for 
 
 witchcraft, 51. 
 Noonan, Maurice, trial of, 272. 
 Norbury, C. J., Lord, anecdotes 
 
 of, 214, 265. 
 Norcott, Dr., 311. 
 Norreys, Sir Denham, 6. 
 lN"orreys, Sir John, 14. 
 Norreys, Sir Thomas, 6, 19. 
 Nosegay Trial, 278. 
 Nugent, Constable, 393. 
 
 0'BiiiEN,4, 85, 116. 
 
 O'Brien, Judge, 237 ; address to 
 
 and reply, 239. 
 O'Brien, Peter, 396. 
 O'Connell, Dan, 138, 212, 249, 
 
 284, 287, 297, 305, 335, 403. 
 O'Fianagan's "Lives of Lord 
 
 Chancellors," 73. 
 O^Gorman, N. P., 403. 
 O'Grady, Chief Baron, sketch 
 
 of, 232, 270. 
 O'Hagan, Lord, 370. 
 O'Leary, Father, 106. 
 O'Loghlen, 3, 212. 
 O'Loghlen, Sir Colman, 215, 394. 
 O'Loghlen, Sir Michael, 215. 
 O'Neill, Dr., 394. 
 O'Eeordan, Mr., 397. 
 Ordeal by water, 61. 
 Orpen, Messrs., 256. 
 Orrery, Lord, 48. 
 O'Sullivan, 5, 83, 95, 97. 
 Otway, Q.C., John H., 362. 
 
 Parsons, Mr., 267. 
 Pennefather, Baron, 153, 293, 
 305, 312, 326, 333, 334. 
 
Index, 
 
 419 
 
 Perrin, Judge, 83. 
 Phillips, Mr., 122. 
 Phipps, Sir Constantine, 77. 
 Pick, Sir Yesyan, 137. 
 Pigot, Chief Baron, 254, 313. 
 Pike, Miss, prosecutiori by, 162. 
 Plunket, Lord, 347, 348. 
 Plunket, Q.C., Mr. James, 304, 
 313. 
 
 Ponsonby, Right Hon. G., 186, 
 259. 
 
 Power, Baron, suicide of, 129. - 
 Purcell, Sir John, 272. 
 Pyne, Chief Justice, 78. 
 
 QuiN, Mr., sketch of, 151, 188, 
 305. 
 
 Quin Abbey described, 217. 
 
 Raleigh, Sir "Walter, 15. 
 Reports, Irish Term, 105. 
 Rice, Sir Stephen, Chief Baron, 
 72. 
 
 Robinson, Q.C., Mr. Serjeant, 
 
 398, 399. 
 Roche, 4, 103. 
 
 Roche, James, essays by, 105, 
 
 113, 138. 
 Roche, Mr. John, 397. 
 Ryland's " History of Water - 
 
 ford," 35. 
 
 Saesfield, Tom, 35. 
 Saurin, W., 259. 
 Scanlan's trial, 293. 
 Scott, C.J., Earl of Clonmel, 
 107. 
 
 Scully, Q.C., Yincent, 379. 
 
 Shannon River, 246. 
 
 Sheares, Henry and John, 112, 
 
 113, 138. 
 Sidney, Sir Henry, 4, 13. 
 Singleton, Prime Serjeant, 93. 
 Six-Mile Bridge, 219. 
 Smith's "History of Cork," 
 
 386. 
 
 Smith, Sir W. C, Baron, 262. 
 
 Smith, Thos. B. C, Master of 
 the Rolls, 263. 
 
 Smith's " Law Officers of Ire- 
 land," 52, 77. 
 
 Southwell, Sir Robt., 65, 66. 
 
 Spaight, Sam., 223. 
 
 Spenser, Edmund, 15. 
 
 Spenser, Sylvanus, 18. 
 
 Steele, Tom, 221. 
 
 St. Leger, Sir W., 20. 
 
 Strafford, Lord, 40. 
 
 Strange, Mr., trial of, 87. 
 
 Sugden, Sir E. B., 318. 
 
 Sullivan, Right Hon. E., sketch 
 of, 380. 
 
 Talfouud, Judge, 406. 
 Thornton, Sir George, 33. 
 Tisdall, Right Hon. P., 71. 
 Tone, Theobald W., 136. 
 Torrens, Judge, 313, 326, 327, 
 331. 
 
 Townshend, Hon. Judge, 255, 
 402. 
 
 Tralee described, 247. 
 Tuckey's Cork Remembrancer, 
 
 134, 135. 
 Twiss, Mr., 330. 
 
 Yandeleur, Colonel, 219, :221. 
 
420 
 
 Victoria, Her Majesty Queen, 
 413. 
 
 Villiers, Sir Edward, 38. 
 
 Waggett, Eecorder, 157. 
 
 Waller, Mr., 292. 
 
 WalsL, Eight Hon. John Ed- 
 
 ward, 380. 
 Warren, Judge, 254. 
 
 Wellington, the Duke of, letter, 
 268. 
 
 Whiteside, Eight Hon. C. J., 
 377. 
 
 Wood, Major, 145. 
 
 Yelyerton, C.B., Lord Avon- 
 more, 255. 
 Yelverton, Hon. Major, 384. 
 
 GILBERT AND BIVINGION, PliI>TEES, ST. JOHN'S SQUAKK. L0^D0^. 
 
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