Abigail Rieley

Writer and Author

Tag: Commission of Oyer and Terminer

A Dark Reputation

Angel

It’s that time of year again. The anniversary of a murder that happened long before I was born but that somehow managed to change the course of my life. William Kirwan haunts me, as do the women whose lives he destroyed – three off whom are looking at me as I write. I’ve written about the Ireland’s Eye murder many times – it’s the case behind the book that I’m working on, that I’m still working on. It’s rather taken over my life.

This year I want to share some of the secondary stories that surround the case. In 1852 the Kirwan case was a cause celebre. Even though the case itself was a fairly simple, tragic case of spousal murder – very like many I’ve covered in the past – the rumours and embellishments that have twisted around it over the years are impressive. William Bourke Kirwan was accused of multiple murders and all kinds of wrong doing. I’ve dug, and dug and dug, believe me. While I’ve absolutely no doubt that Kirwan was a nasty piece of work I really don’t think he was a serial killer. A wife beater and philanderer, of course, but was he guilty of the other crimes he was accused of? Almost certainly not.

I’ve written about the case before, quite a few times actually, but I’ll recap the basics. On September 6th William Bourke Kirwan and his wife Maria went out to Ireland’s Eye, a small island off the coast of Howth in north county Dublin. He was an artist and was planning on sketching some new scenes. She was a keen swimmer and was looking forward to the challenging swimming around the island. At some point that evening, before the boat came to take them back to Howth harbour, William Kirwan killed his wife. Some have said that it was a miscarriage of justice and she simply drowned, but I’ve seen evidence that shows he was a very abusive husband, an all too familiar scenario with a too inevitable outcome. This evidence wasn’t produced at Kirwan’s subsequent trial though, so to many it seemed a motiveless act of unfathomable evil. The fact that he was widely known to have had a second family, with a mistress and no fewer than seven children, cemented his reputation. The rumour mill ground into action until Kirwan was blamed for any inconvenient death.

Among the papers of Thomas Larcom, former under secretary to the Lord Lieutenant of Ireland is a note that suggests even the great and good were not immune. Larcom had been in charge of the Ordinance Survey of Ireland and when one of his surveyors was killed in suspicious circumstances a few years before Kirwan was convicted he took a personal interest in the case. A newspaper report of the inquest notes that the dead man’s brother, who had run up considerable gambling debts, had argued with his brother when he refused to lend him money. When questioned at the inquest the brother broke down and the reporter noted how his sobs could be heard throughout the room for the rest of the inquest. Despite the fact that it would seem pretty clear that this had all the hallmarks of a very private tragedy, Larcom’s note is definite that the death was at the hand of “the murderer Kirwan”, in an early, undiscovered atrocity. Larcom might actually have known Kirwan who had a lucrative sideline in colouring the Ordnance maps. Business was so good in that area that he had hired several young apprentices to meet the commissions.

Kirwan certainly seems to have made rather a habit of antagonising people. He might well have got away with killing his wife if it hadn’t been for those with hefty axes to grind. In the month after Maria’s death that rumour mill was being cranked by a very determined woman. Maria Byrne had lived a few doors away from the Kirwans when they lived on Lower Merrion Street before moving to the grander houses on the Upper street. She was a seamstress and had known Kirwan since before his marriage. She obviously felt she knew him well enough to get his measure. She didn’t rest until the Dublin Metropolitan Police had agreed to examine the case. Now Maria Byrne obviously was obviously carrying a grudge. She told police that Kirwan had stolen work from her husband, who shared Kirwan’s other business  of anatomical draughtsman. In this heyday of anatomical demonstration the draughtsmen were much in demand to drew sketches of autopsies and medical specimens. Kirwan had done very well in this line as well. Some of his work is still in the collection of the Royal College of Surgeons here in Dublin and several sketches of syphilitic pustules are among the curious collection of sketches in the National Library of Ireland. Mrs Byrne was under no doubt that Kirwan’s success had driven her husband to an early grave. She also told police that he had tried to poison his wife on two separate occasions and as well as her husband, he had also killed his brother-in-law. Maria’s younger brother James had gone to America, and according to Mrs Byrne, was never heard of again.

But the darkest accusation had the most tragic outcome. There was one person who had more of a grudge against Kirwan than anyone else, whose resentment and anger went back long before his marriage and who would not be able to live with her accusations failing to strike their target.

Anne Downes Bowyer was the wife of Kirwan’s painting teacher. She came forward in January 1853 once it became clear that Kirwan was not going to hang. She wanted to make sure he got away with nothing. Her story went back to 1837, three years before Kirwan married Maria. She had carried a burning grudge since then and ultimately it would kill her. Hers is one of the most haunting interconnected stories in this case. She was a very lonely, very tragic character.

Anne Gaffney married the artist Richard Downes Bowyer on Halloween 1819. She was considerably younger than him but I’ve always thought it must have been a love match, a thing of passion. They got special permission to skip their last marriage bann. It may have been because she was pregnant, although the couple never had any children. Whatever happened, Anne turned into a very troubled woman. In or around 1824 she was admitted to Dr Gregory’s private Bellevue asylum in Finglas. She was subsequently released but the marriage did not survive. By around October 1836 she and Richard separated. Richard went to stay with Kirwan and his father. He wouldn’t tell Anne where he was going.

Some time later Kirwan went with Downes Bowyer to collect his things from the house on Mountjoy Street. Anne would later say that she was tied to a chair as her husband, Kirwan and several other young men ransacked her house. She took her husband and Kirwan to court in 1837 accusing them of theft. Her husband countersued and threatened to have her committed again. The judge ruled in Anne’s favour. He told her husband that she was entitled to a living of £40 a year for the rest of her life.

Anne obviously wouldn’t let things go. Her husband moved away from Dublin to Killeshandra in County Cavan, Kirwan’s sister went with him to keep house for the old man. Before he went Richard signed over family lands in Rhine, or Rinn in County Longford on the understanding that Kirwan would continue to pay Anne’s stipend of £40 a year. After Richard died in 1841, Anne became convinced that the Kirwan family had contrived to kill her husband. She couldn’t let the idea go and in January 1853 she went to the police with her accusation.

The Dublin Metropolitan police took Anne Downes Bowyer seriously. They even excavated the garden of the house on Parnell Place where Kirwan and his father had lived. Since Downes Bowyer had died in Killeshandra they found nothing to support Anne’s claims but they did uncover a small coffin much to the excitement of the press. The police duly examined the little coffin and found it to contain the bones of a young child. It was long dead and they couldn’t find out it’s story. It didn’t help Anne.

A few months after this Anne was dead. At her inquest, in July 1853, her sister told the coroner that Anne had been living quietly outside Dublin. The family were worried about her and visited her regularly but on July 7th her sister arrived down from Dublin to find the little cottage empty. A search eventually led to a local quarry, where there was a deep pool. Anne’s shoes and shawl were neatly placed beside the black water. The inquest ruled that Anne had died at her own hand but this is one death that I do think should be laid at Kirwan’s door, all be it indirectly.  It might of course be a complete coincidence but that week’s issue of the Nation newspaper carried a caustic article on Kirwan arguing that there was one law for the rich and another for the poor. Kirwan was still in Ireland at this point. His sentence to hang had been commuted on New Year’s Eve but he had still not been transported that summer. As the Nation noted, poorer men with less celebrity would undoubtedly have been hauled off in chains months since. I can only imagine Anne’s reaction if she had read it or had it read to her. Surely enough to take away the last of her hope.

I have always thought that Anne Downes Bowyer was as much a victim of Kirwan as Maria was. He might not have been guilty of the imaginative carnage those who didn’t know him well accused him of but he was a toxic man who saw two women dead. There were other casualties of this case but they are still my subjects so I’m keeping them close to my chest for the moment. William Bourke Kirwan undoubtedly earned his dark reputation.

Dark Tourism

Long_Hole-Ireland's_Eye

Tourists visit the Long Hole on Ireland’s Eye in the 19th century, the scene of a famous murder.

There’s always been a fascination for murder. You only have to walk into a bookshop or turn on your TV to see crime, both fact and fiction, is where it’s at. Any high profile trial will have it’s followers. I’ve seen crowds queuing to get into court whenever a case caught the public attention. During both the Joe O’Reilly trial and the Eamonn Lillis trial the crowds got so large they caused problems for the courts staff. During both case, proceedings had to be stopped for public safety reasons. To be honest, if it wasn’t for this hunger I wouldn’t have had a job for as long as I did down the courts.

I’ve been researching 19th century crime for long enough to know that this ghoulish rubber necking is nothing new. The case that I’m focused on, that of wife killer William Bourke Kirwan, was no exception. Murder was a fairly rare occurrence in Dublin back then and when the trial took place in Green Street courthouse in December 1852 the crowds blocked the street.

I’ve been fascinated while researching the wider story how much of a thing this dark tourism was. In January 1853, just days after Kirwan’s sentence was commuted to transportation, an ad appeared in the Freeman’s Journal for “Kirwan the Murderer”. Sadly the advertisement doesn’t go into much detail and was never repeated so I’ve no idea whether “Kirwan the Murderer” was a Penny Dreadful retelling of the case or even a play. I haven’t been able to find any other reference to it and it’s unlikely that any playbill or copy of the pamphlet have survived, though I’d love to see them if they have.

I was amused when I saw it because nothing’s really changed. Any high profile murder trial  in Dublin will be followed by the tabloid commemorative booklet and then a little later with the TV3 re-enactment. It’s always the final flourish of the story. Just as it was then.

What we don’t generally get these days though is the actual murder tourism. It’s still there but they don’t often advertise in the papers. In August 1853 a series of ads appeared in the Freeman’s Journal for boat trips to Ireland’s Eye, the scene of the famous murder. The Long Hole, where Maria Kirwan’s body had been found, was a popular jaunt.  The picture illustrating this piece is an, almost, contemporary sketch from a tourism book, published around 10 years after the murder. The so-called Murder Rock would have been round about where the man and woman are standing as far as I can tell. In September 1853 it was reported that there had been so many pilgrims to the site all seeking souvenirs of the tragic events that the rock had been quite chipped away.

Around the time this story was printed, the  Crown auctioned off all Kirwan’s belongings. The crowds for the viewings were massive, especially for the auction for one of Kirwan’s suits and his gold watch. I’ve always suspected that the National Library collection of Kirwan’s work was bought at one of these auctions. I wrote about my theory for their blog a couple of years ago.

Bidding was swift on all the lots according to newspaper accounts but one expected buyer did not turn up. The Freeman’s Journal noted, at the auction that included Kirwan’s suit, that it was a surprise that none of the bidders had come from a waxworks. Chambers of horror containing effigies of notorious killers were commonplace except, apparently in Dublin. The journalist noted this fact with some satisfaction. The crowd, as well, were less of a throng than one might expect.

Kirwan’s always been a good story. He caught my imagination and if you get the boat out to Ireland’s Eye even today, you’ll hear his story. I wonder will people still be telling the story of Joe O’Reilly in 160 years.

A Sentence of Death

The crowds that filled Green Street in Dublin’s north inner city on the morning of Friday December 10th 1852 were bigger than ever. Both days of the trial of artist William Bourke Kirwan had played out in front of a packed courtroom with proceedings being relayed to the unfortunates outside who had been unable to gain admission. But news of the sensational late night verdict had flown around the trial and everyone wanted to see the conclusion.

The air outside the court that morning was crackling with excitement and when the doors to the courthouse were opened shortly before 10 o’clock, people were almost crushed in the surge forward. The prisoner’s legal team, led by Isaac Butt MP, were already in attendance and the well of the court had been occupied by interested members of the legal profession and their well heeled friends before the public gained admittance. The court filled in moments and an expectant hush fell in anticipation of the doomed man.

The judges took their seats at half past ten and Justice Philip Crampton called for the prisoner to be brought into the dock.

If the crowds had been hoping for a broken man they were disappointed. Kirwan took his place confidently and sat up straight, staring straight ahead. Gone was the fear that had been in evidence last night when the word guilty rang out in the court just before midnight. William Kirwan looked like a man who still didn’t believe he had lost the fight.

But before any verdict could be handed down Isaac Butt was on his feet. There were matters of evidence that he maintained had been produced illegally, he told the court. The evidence regarding Kirwan’s mistress should not have been allowed he said, and the evidence of some of the medical witnesses regarding the body of the deceased. He asked for leave to appeal.

Judge Crampton asked if the sentence would be better postponed until the matter had been dealt with but Mr Butt said this would not be necessary. Kirwan’s solicitor John Curran Esq, also objected to the admission of his client’s testimony at the inquest into his wife’s death as evidence in the trial of her murder. The judges rejected his submission since Kirwan had spoken willingly at a time when he was not under suspicion.

Legal wrangling over at last the crowd leaned forward expectantly as the Clerk of the Court turned to Kirwan and asked him if he had anything to add before his sentence was handed down.

Kirwan then stood and put his hands of the edge of the dock. Speaking in a firm and perfectly calm voice with no sign of uncertainty or wavering he addressed the court.

“My lords, might I claim the indulgence of the Court for a few moments for the purpose of stating some matters connected with this unfortunate affair, that have not bee brought of in this trial.” He then eloquently and at considerable length set about outlining the points he was sure would underline his innocence. He spent some time considering who had been carrying his wife’s bathing dress on that fateful day, despite the fact that she had been wearing it when she was found. For the attentive courtroom he picked over all the minor points of that day. What they had for lunch. Where he was sitting while sketching alone of the island. He spent some time explaining how his trousers had got wet. It was rain on the long grass he insisted, not salt water at all. He would have gone through every moment of the more peaceful part of the day if Mr Justice Crampton hadn’t stopped him.

“I am sorry to interrupt you at this painful moment, and you must be well aware that your counsel entered into all these subjects. It is impossible for me now to go into the evidence.”

At a moment when it might have been advisable for Kirwan to mention how much he loved his wife, or how sorry he was that she was dead and gone from him he was only concerned with himself.

“I consider myself to be a doomed person, from the trial that has taken place, and the sentence about to be passed; and I state these matters as well out of regard for my own memory as for the sake of those friends who have been with me, who know my character from childhood, who know my innocence, and who feel it yet as I do.”

Judge Crampton, his voice low and trembling with emotion began his sentence. He told Kirwan that he had been tried by the ablest of counsel and his case had been decided by a very intelligent and impartial jury. He was not going to pronounce his own judgement on their verdict he said but “I can see no reason or grounds to bee dissatisfied with it”, a view that was shared by the second judge on the case, Baron Richard Greene. Kirwan’s crime he said was the most heinous in the eyes of God. He had not raised his hand against another man who had insulted, provoked or injured him but a woman “a helpless, unprotected female – one whom, by the laws of God and man, was entitled to your affectionate guardianship.”

This dreadful act was compounded, the judge went on, by the illicit double life Kirwan had led for the whole of his married life. This double life may also have contributed to his motive. “Embarrassed you may have been by the painful predicament in which you had placed yourself, under this double engagement, and you seem to have resolved to extricate yourself by a desperate crime. Instead of dismissing the mistress and providing for her as well as you could, you appear to have mediated the destruction of the wife.”

Justice Crampton told Kirwan his fate would serve as a warning to the young. “Let them beware of forming immoral engagements, and of entering into profligate courses. The steps of crime are very gradual – there is not much descent from one step to another, and the first leads naturally to the second, and so on until the last fatal step.” Kirwan’s die was cast, the learned judge said. He could look to no earthly consolations, merely hope for the comfort of faith.

At last the judge came to the decisive moment. A shudder passed through the crowded courtroom and for a moment Kirwan lost all his composure, slumping forward in his seat and raising his hand to his eyes as if to close out the world and the inevitability of what was to come next. Justice Crampton lifted up a square black cap and placed it on top of his wig.

“The sentence is, that you William Bourke Kirwan, be taken from the place where you now stand to the place from which you came, the gaol, and that from thence you be there hanged by the neck until you are dead, and that your body be buried within the precincts of the prison in which you are now confined. And oh, may the Lord have mercy on your soul.” As the judge spoke the words “your body buried” Kirwan could be seen to shake as the reality of his situation finally seemed to take hold.

There was a hush in the courtroom after the verdict and the guards came to remove Kirwan from the dock. Before he left he gripped the rail of the dock once more.

“Convinced as I am that my hopes in this world are at an end, I do most solemnly declare, in the presence of this court, and of that God before whom I expect soon to stand, that I had neither act, not part in, or knowledge of, my late wife’s death; and I will state further, that I never treated her unkindly, as her own mother can testify.”

So 160 years ago today one of Dublin’s most sensational trials came to an end.

I found the transcript two years ago when researching a history of the criminal courts. As a court reporter I’ve always been interested in the behaviour of the accused. If I had been sitting in that courtroom I would have been in no doubt that William Kirwan was absolutely banged to rights. It seems that the Dublin press of the day were pretty unanimously of the same opinion. But the sentence was only the beginning. Within days the first letters appeared in the British papers arguing Kirwan’s innocence.

He hired a new solicitor and within weeks statements had been gathered to support his defence, including, finally the word of his faithful mistress Theresa Kenny. Kirwan’s sentence was commuted to transportation for life on New Years Eve 1852. He spent six years in a prison camp in Bermuda, where he appears to have landed the cushy job of working for the camp doctor. When the camp closed he was sent back to Spike Island in Cork where he served out the rest of his sentence. His six living children were scattered, damaged and alone. His mistress, ever loyal, waited for him, although the cost would be great.

When I started to dig into the facts behind the case Theresa was the one who really caught my imagination. The more I dug the more I found strong vibrant women who cried out to have their story told. That’s what I’m doing with this book, telling the stories of those that have slipped out of the pages of history. It is rather taking the long route but their stories deserve to be told.

If you want more detail about the trial itself there are various accounts. My favourite is the account of another court reporter, the indomitable Scot William Roughead. We agree on the fact that Kirwan was guilty as sin, although another account, by Irish judge and patriot Matthias McDonnell Bodkin in his 1918 book Famous Irish Trials sees the whole thing as a miscarriage of justice. Roughead consulted with the prosecution legal team when he wrote his account so perhaps he got to take a peek at the book of evidence. I’ve had a look at it myself. It makes fascinating reading. If you want a more modern take on the trial, true crime writer Michael Sheridan’s latest book is on that very subject. Murder on Ireland’s Eye doesn’t go beyond Kirwan’s story but it’s a comprehensive account of the trial and some of the fallout of that controversial verdict.

Find the Lady…

Day two of the Ireland’s Eye murder trial, 160 years ago today. It was a crisp December morning but Green Street was already bustling by 8am. Members of the public who had managed to get in for the first day’s evidence were determined to get their seats a second day while those who had waited outside, craning to hear the updates being shouted from the  door of the courtroom were equally determined to get their own place today.

When the doors finally opened people were almost crushed in the surge to get in but by the time the public got through the door the well of the court was already bustling with barristers who had no real reason to be there. Anticipation was great no matter where you looked because today the mistress was due to take the stand. The world and his wife now knew that artist William Bourke Kirwan had kept another home away from the wife he was accused of murdering. A home full of children with a woman who had brazenly described herself as Mrs Kirwan although another held that name by law.

At 10 o’clock the judges took their seats and shortly afterward the prisoner took his place in the dock. Once again the press bench noted his fashionable appearance. He was a stocky man with dark Byronic looks and an arrogant swagger, it seemed to them. Journalists in 1852 didn’t worry so much about their descriptions during a trial prejudicing the jury against the accused. The Dublin hacks were unanimous that that Kirwan was a wrong ‘un.

Much to the disappointment of the heaving courtroom the first witness was not the one anticipated and there was fidgeting while one of the arresting officers dropped the rather juicy nugget that the eagerly awaited Teresa Kenny had slipped into her dead rivals shoes at the earliest opportunity. When police officers arrived at 11 Merrion Street Upper early on the morning of October 6th they found the nefarious Ms Kenny minding a sick child while an older boy played with a baby.  There were still breakfast things on the table and it was quite obvious that they had walked into a family home rather than a house of mourning. The man of either house was trying to make a surreptitious getaway by nipping out through the stables at the back but the officers who had thoughtfully headed round the back of the house stopped his escape.

Interesting as this story may have been it had leaked out in the long wait for the trial. There was an excited intake of breath as the usher called the next witness. Teresa Kenny.

In the eager coughing anticipation that followed you could have heard a pin drop. Nothing happened. A murmur rippled through the court as it became apparent that Miss Kenny was nowhere to be seen. The crowds waited with baited breath but there was no second call. Matters would move on without the star witness.

It’s been the subject of much discussion over the years exactly what happened to Teresa that day. Did she stay away to avoid incriminating the man she loved? Or did she simply fall ill, As she herself suggested a few weeks later, falling faint after a nasty cut on the hand in the appalling crush outside the court? Whether or not Teresa actually felt faint and too ill to take the stand I’ve my own theory about why the prosecution didn’t press the matter. In the trial transcript, just before the call for Teresa went out there’s an interjection from one of the judges, Mr Justice Crampton. He disputes evidence pulled from a maid who had left the Kirwan’s employ some months before the events on Ireland’s Eye. “I do not see what these things have to do with the questions at issue” he rather sharply asks George Smyly, the prosecution senior counsel. The transcript doesn’t show any further legal argument but I’ve seen modern trials when evidence outside the direct run of evidence has been disallowed, no matter how pertinent. It seems probable that the same rule had been invoked and Smyly decided it wasn’t worth pushing the issue by leading Teresa Kenny through the confrontation she had had with Maria Kirwan several months before the latter’s death. Both Teresa and Maria’s mother, Mrs Crowe had told police about the standoff during the investigation but neither woman is called during the trial. One can only assume that the law just didn’t go the prosecution’s way that day. But it was not, as has been suggested many times in the past 160 years, that the prosecution case was simply too weak to stand up.

The prosecution case continued, much as a modern trial would have with the forensic evidence, such as it was. James Arthur Hamilton, the medical student who had given the body a cursory examination for the inquest was followed by the police medical examiner George Hatchell. There was another medical man sitting in the body of the court, the foremost expert in medico judicial matters in Ireland. Thomas G. Geoghegan, professor of forensic medicine at the Royal College of Surgeons in Ireland had been brought in to consult by the prosecution. He had not attended the post mortem itself but had visited the murder scene and it was on his advice that all the medical witnesses were present in court while the civilian witnesses were examined, to glean what they could from those utterly amateur preliminary examinations of the body. Geoghegan wasn’t called to give evidence but would give his views later, when the prosecution case was seriously questioned.

Hatchell gave a thorough testimony of the postmortem he conducted on the month old body. It had been a wet month and the body when it was exhumed from wet ground at Glasnevin Cemetery was not in the best condition. Hatchell was unable to give a conclusive analysis on cause of death although he found the lungs engorged with blood. Something that would have been consistent with a sudden stopping of respiration. He was firmly of the opinion that the body did not show the signs of a simple drowning and this enlargement of the lungs together with the blood that had been observed coming from the ears and sexual organs of the victim by the woman who had washed the body were both to his mind signifiers of a more violent death. He leaned towards the prosecution case of “burking”, borrowing the name and m.o. of famous grave robbing murder William Burke, who with his partner William Hare had dispatched 17 victims by covering their nose and mouth and compressing their chests.

After the medical evidence, Kirwan’s evidence to the inquest into his wife’s death was read to the court. Rather unsurprisingly this amounted to nothing more than the fact that he and his wife had gone to Ireland’s Eye on September 6th and she had died. He had offered the coroner’s jury a look at the sketch book he had taken to the island that day. He had been painting the sunset he told them. A fact that would pinpoint his innocence as he could not have been sketching a scene on the other side of the Ireland while killing his wife at the Long Hole.

After barely two days of evidence the prosecution was at an end. Defence barrister Isaac Butt made his closing argument, pointing out the flaws in the prosecution case to the jury. The witnesses who had claimed to hear a woman screaming from Howth Harbour could have been hearing gulls. The only such witness who could be trusted he told them, was fisherman Thomas Larkin but even he could have merely heard the cries of a drowning woman. The prosecution he said, hadn’t proved their case. The medical evidence was inconclusive and a mode of death had not been determined. “Did he strangle her?” he asked them. “Did he go into the water and drown her?” Both these options were hardly likely. The prosecution hadn’t even proved that the Kirwan’s were alone of the island, he argued. Anyone could have killed the unfortunate woman, if she was killed at all.

Much to the surprise of the prosecution, who in those days could have been reasonably confident to know what tricks the defence had up their sleeves, Butt then suggested a new possibility. Wasn’t it equally possible he asked the jury, that having eaten a large lunch the poor lady had simply been seized by an epileptic fit as she swam too soon? He called several eminent medical witnesses to prove his point including Dr Francis Rynd, an old friend of Kirwan’s and a handy ally in Kilmainham Gaol, where the accused man had been sent and the good doctor ministered to.

Both doctors put forward the post lunch fit scenario but both agreed with the prosecution, under cross-examination, that the burking scenario was equally probable.

Finally the prosecution made their closing speech, in the complete reverse of a modern trial where the defence always has the last word.

Finally it was time for the jury to begin their deliberations. It had been a long day and the court room had remained stuffed for the duration. After listening to evidence since 10 in the morning the jury retired at 7 o’clock.  After only 40 minutes they were back.

They were already at an impasse they said. There was no way they were ever going to reach an agreement.

Now this happens from time to time in modern trials. Juries can deliberate for three hours, after which they can be offered a majority verdict of ten to twelve. Great care is taken that they do not feel pressured to come to a speedy verdict. Time was, they would be sent to a hotel for the night and given days to deliberate. Now they can go home after a long day’s deliberating but the result is the same. Juries cannot and should not be rushed. If they are justice is not served.

On December 9th 1852 Mr Justice Crampton was having none of it. The jury would remain in their jury until agreement had been reached. He would come back at 11 to see how they were doing. At 11pm he was back. When the exhausted court was in position he asked them about their progress. Nothing. Well he had had enough, he said. He was going home for the night. If they didn’t have an agreement they would be locked in the jury room until morning.

Could they at least have seats, the jury wanted to know. Seating yes, ruled the judge, but no food or drink.

The jury conferred. Would it be possible to hear the defence medical evidence again? Judge Crampton told them shortly that the medical doctors were long in their bed. He had taken a note of the evidence however, although his notebook was back in his rooms. If the jury were satisfied with his memory he could tell them what he remembered.

The jury conferred again. They would have another go at reaching an agreement they said.

Rather unsurprisingly they came back a mere 15 minutes later with a verdict. A night together in the jury room was obviously just too much.

Once the prisoner was in the dock and the legal teams had assembled the jury filed back into the court. The clerk read out their names and asked if they had a verdict. They did.

“How say you, gentlemen? Is the prisoner William Kirwan guilty or not?”

GUILTY.

As the word punched the air of the stifling courtroom the prisoner could be seen to sag slightly. He quickly recovered his composure but the pressmen had noticed the sign of weakness. He really had thought he would get away with it.

And that was it. Verdict given. The journalists all rushed to get their copy ready to catch the night mail to England for the papers there were all hanging on the Irish murder. The sentence would be in the morning. They would all gather again to see Kirwan learn his fate.

Once again I’ll finish along with them. The final instalment, that sentence will come tomorrow, on it’s own anniversary. I hope you’re enjoying this change from my modern court reports. When I discovered that trial transcript two years ago I knew I wanted to tell the story of William Kirwan. It was only when I dug a little deeper I discovered I’d rather tell the story of Maria who died, or Teresa, so tantalising in her absence. So that’s what I’m doing, but this weekend I’m marking the events that started it all off.

Until tomorrow.

Walking in Familiar Footsteps

I’ve been back in court this week. It’s been a while but last Monday I was filling up my shorthand pens and watching a new jury being sworn. I was so occupied that I didn’t realise until I sat down to write my copy yesterday that today would be the anniversary of a trial that’s been occupying me for much of the last two years.

On December 8th 1852 Green Street in Dublin’s north city was thronged with the crowds who’d come to watch artist William Kirwan stand trial for the murder of his life. Maria Kirwan had been found dead on Ireland’s Eye on September 6th and Kirwan had been a suspect before her body arrived back on the mainland. Tongues had been wagging ever since so the crowd that gathered outside the Commission of Oyer and Terminer represented every layer of society.

When the judges took their seats at 10.15 that morning the crush inside the courtroom was intense. Bodies were squeezed into every corner and down the corridor to the street allowing the proceedings to be relayed to the throng outside. I’ve reported on trials that captured the public imagination and the crowds can be immense. During Joe O’Reilly’s trial back in 2008 the crowds were so big that they could only be allowed into the public gallery over in the Four Courts a few at a time. Notices were pinned to the wall to tell them where to go – something never seen in normal circumstances. More recently in 2010, another husband accused of killing his wife in Howth caused problems in the newly opened Criminal Courts of Justice. Then we had an overflow room with closed circuit tv of the court. Back in 1852 the methods were more basic.

Everyone in crowd that day would have known what to expect. The story had been played out before, at the time of Maria’s death, when a hastily convened inquest ruled accidental drowning. The papers had reported Kirwan’s arrest a month later and some details of the route the prosecution would be taking had been teasingly offered at the end of October when the trial had almost gone ahead. As so often happens with criminal trials though, there was a hold up and the trial was put back until a few weeks before Christmas. When Kirwan took his seat in the dock the reporters carefully noted what he was wearing. The following day’s papers would carry arch references to his fashionable mourning attire and his arrogant bearing.

Reading the trial transcript and contemporary court reports it’s striking how little has changed. Even though there were significant differences in the law back then the flow of the trial was much the way it would be run now. This was a high profile case and the plan was that the prosecution would be lead by the Attorney General himself but there had been a hitch. Standing to open the prosecution case Senior Counsel John George Smyly Q.C. explained that matters had fallen to him. He outlined the evidence to the jury giving a tantalising glimpse of a secret second family and a confrontation between wife and mistress that would provide a much needed motive.

Before that juicy evidence could be reached however, the scene had to be set. After the obligatory mapping evidence, still first up in any modern trial along with crime scene photographs, the first witness was the landlady of the house where the Kirwans had stayed in Howth. Margaret Campbell told the court she was a widowed mother of three who took in paying guests. The Kirwans had come to stay with her in June and had been due to stay until November while their house on Merrion Street Upper (where Government Buildings now stands) was being painted. She noted that her guests did not seem the most happily married couple. Mr Kirwan was often away for the night and one day she had heard a violent argument during which the accused man had called his wife a strumpet and had told her “I’ll finish you.”

Next up was Patrick Nangle, one of the boatmen who had taken the Kirwans across to Ireland’s Eye that fateful day.  Nangle, and his brother Michael, the next witness, had long been some of Kirwan’s chief accusers. Patrick suddenly remembered on the stand that Kirwan had been carrying a sword stick that day on the island and made sure to mention the convenient trip that had caused Kirwan to stop when searching close to where his body lay, allowing Nangle to go ahead and discover the body seconds later. Cross-examined by Isaac Butt Q.C and M.P. Nangle agreed that he had argued with Kirwan in the days following his wife’s death. The boatmen had stayed late on the island to search for Mrs Kirwan and had brought the body back to the harbour and up to Mrs Campbell’s house. Nangle maintained that this deserved a rather more substantial payment that the usual ferry fare. He agreed that when the money wasn’t forthcoming he had stopped the dray carrying Maria’s body back to Dublin to leave Howth until the debt was paid.

After the boatmen the evidence turned to the Howth villager who had heard cries coming from the island at around 7pm that evening. They were joined by another fisherman Thomas Larkin whose boat had been returning to harbour at around the same time. As his boat passed Ireland’s Eye he was on deck alone. He clearly heard three cries, the first a loud scream, the next two weaker each time. Larkin had been another of the more vocal accusers since that night. He was adamant that the screams he heard had been those of a dying woman.

The next string of witnesses fulfilled the role that emergency service and hospital staff would have in a modern trial. The three women who had been called to wash the body as it lay in the bedroom off Mrs Campbell’s sitting room. It had been close to midnight by then but the inquest had been called for the following morning so the body had to be made respectable. They worked by candlelight but all noticed blood on the body, beyond that you would expect to encounter in a drowning. They also noticed William Kirwan drying his trousers by the fire as they worked. The dampness or otherwise of his socks and trousers was a matter of some preoccupation for the defence. They were intent on proving that Kirwan had not gone paddling while he held his wife’s head under the water in the Long Hole where her body was found. Any residual dampness had been caused by long grass during the search they insisted, at every opportunity.

The first day finished before the court reached the evidence everyone was waiting for – Theresa Kenny, the Mistress herself. There would be even bigger crowds the next day. I’ll leave it here for now and come back with day two of the trial on it’s own anniversary tomorrow.

© 2019 Abigail Rieley

Theme by Anders NorenUp ↑