Abigail Rieley

Writer and Author

Tag: Maria Louisa Kirwan (page 1 of 2)

Even after death

I’ve often written about the case of William Burke Kirwan on this blog. His was the case that caused me to pursue a different path in life. Since 2010 I’ve been researching his murder of his wife and it’s lead me back to university and in directions I never dreamed of and there’s plenty more to do. So at this stage I’m a little bit proprietorial. My friends know this about me and tend to point out interesting nuggets about the case they stumble upon. In Dublin, after all, it’s a very well know case indeed. You can still argue about it if you take the boat out to Ireland’s Eye from Howth.

So when the Irish Times featured the case as part of their series of stories from their archives, quite a few Irish friends sent me the link and asked me what I thought. Now I’ll say again that this is a case that is very special to me so I’m apt to be a touch judgemental but in this case the article in question raised my hackles both as a historical scholar and as a court reporter.

It doesn’t help that one of my particular interests in this case is the newspaper coverage. I gave a paper on that subject at the Shared Histories conference at the National Library of Ireland this summer and indirectly it gave me the thesis for my doctorate. I’ve got hard drives full of PDFs of newspaper pages, not to mention filing cabinets full of photocopies gathered before digital newspaper archives were as big a thing as they are now. The Ireland’s Eye murder was one of the most notorious cases of it’s day, as big as any of the cases I’ve covered or written about as a journalist. There were a lot of column inches in a lot of newspapers and you can only get the full story if you look at them all.

So my first problem with the Irish Times article is that it only really looks at an Irish Times article from 1904, 52 years after the murder took place. Now, fair enough, the Irish Times wasn’t around to cover the Kirwan’s trial in December 1852 although they did cover Kirwan’s imprisonment from time to time over the years. The problem with their reporting though was, since they had no staff who had covered the case, knowledge of the finer points of it was sketchy and I’ve always discounted their 19th and early 20th century coverage as too removed from the actual case to be much use.

There are numerous factual errors in the piece in the Times, which I’m presuming is down to the 1904 coverage. According to the article the prosecution case was based on the supposition that Kirwan had used a needle like blade to commit the murder. There was certainly a lot of chatter about Kirwan’s supposed sword stick after Patrick Nangle, one of the boatmen, described Kirwan’s “tuck stick” but this was it’s first mention and a sword stick was never the basis of the prosecution case. According to the Crown’s expert Thomas Geoghegan, Professor of Medical Jurisprudence at the Royal College of Surgeons in Ireland, who advised the Crown case but did not give evidence during the trial, the most likely cause of death was suffocation. What the prosecution did suggest was that Kirwan had “burked” his wife, in other words smothered her by compressing her chest and covering her mouth and nose. According to the Freeman’s Journal coverage of the trial when Dr Hatchell, the police surgeon who had performed the post mortem examination was asked to give cause of death he said suffocation.

Freeman's Journal December 10 1852 Cause of death

A more basic error is that Kirwan’s barrister, Isaac Butt, was not yet a politician. The trial took place the week of the British budget and there were press reports after Kirwan was convicted that Butt had taken the mail boat over to England to be back in Westminster in time for the debate. The Freeman’s Journal on December 13 mentions a motion Butt had been bringing forward being postponed.

Freeman's Journal December 13 1852 Issac Butt MP in Westminster for Budget Debate

In fact two months after Kirwan had been convicted Butt used the case as the basis for a bill on second trials in criminal cases which he raised in Westminster. Even though the bill was unsuccessful it gave the Kirwan case a place in legal history as one of the first steps on the road to second trials.

Lastly the piece cites a letter from a Mr Dennis, speaking on behalf of the trial jury in which they expressed relief at the sentence commutation. Actually that’s not quite what the letter says. Dennis is writing to back up the verdict he and his fellow jury members came to in the face of increasing public scrutiny.

Saunders Newsletter January 10 1853 Letter from Mr Dennis, foreman of the jury copyright the British Newspaper Archive

He was writing within days of the news that Kirwan’s sentence had been commuted to transportation for life and mentions in passing that the saving of a life is something to be relieved about. Given that, in 1852 no-one was hung in Kilmainham Gaol where Kirwan was sent, and while it would be years before the death sentence was done away with, in the years after the Famine there was little appetite for execution and most sentences were commuted. Seasoned observers of the courts would have known this and expected the news to arrive. This would have been why the Dublin papers were so slow to print the wild theorising and speculation that appeared in the British press.

There are other minor inaccuracies but these are the ones that really stick out. This is a moment in history not a story. The facts are sacred and deserve to got right.

My second problem with the piece is that it plays into a stereotype that has dogged this case since it happened. It’s a reaction you’ll still see about modern cases. When the accused is a “respectable” man from an affluent background, there will always be a proportion of the reaction that refuses to accept any evidence because he was “our sort”. You can see this reaction most clearly in the Kirwan case. Within days of the verdict, long before the Irish press started commenting, the letters pages of the London Times and the London Evening Standard were full of middle class men expressing their disbelief that one of them could have committed such a heinous act. Because of the outcry from middle class, professional men who identified with the Dublin artist the case became something of a scandal. The great and good connected with the case in Dublin had to justify their actions, some, like the Deputy Governor of Kilmainham Gaol lost their positions (although I’ll go into more detail about that another time.

But most pernicious in my opinion is the way Kirwan has entered history with his character surprisingly unblemished. This was an abusive husband and few who sat in that courtroom had any doubt of his guilt. I’ve seen far more evidence than I will go into here but the evidence was there during the trial. Female witnesses were not particularly thoroughly examined or cross examined but there is a nugget from washerwoman Ann Hanna on day 2 of the trial.

Freeman's Journal December 10 1852 Ann Hanna's evidence copyright the British Newspaper Archive

But after a high profile trial like this everyone likes to be an amateur criminologist and very often it’s the victim who gets forgotten in this process. You might assume that the concept of victim blaming is a modern idea but in January 1853 the London weekly paper The Examiner was most outspoken.

The Examiner January 1 1853 copyright The British Newspaper Archive

Many British papers, who had often only carried part of the trial coverage, were quick to shout about Kirwan’s innocence. The London Evening Standard were particularly rabid when it came to fighting his corner. The whole thing had been a papist plot they hinted. On January 4 1853 they commented on a letter sent by Crown Solicitor William Kemmis, who had written in to argue for the impartiality of the judges and the jury. The Standard claimed, incorrectly as it turned out, that Kirwan was tried by a predominantly Catholic jury and didn’t have a chance as a Protestant convert.

London Evening Standard January 4 1853 Religious makeup of the jury copyright British Newspaper Archive

It didn’t seem to bother them that their jury analysis was wrong, a fact pointed out by Mr Dennis the jury foreman (in fact there were at least 4 protestants on the jury, one of whom knew Kirwan socially but still convicted). Together with the London Times they championed the Kirwan case as a great miscarriage of justice. At the same time more liberal papers like the Examiner and the Morning Post were more trusting of the evidence and the reporting of the Irish press. But as is so often the case, even now, it’s the loud entitled voices of the right who drown out the truth and all to often it’s a garbled version of the truth that gets passed down. It’s worth noting that the Dublin press, who had all sent staff to cover the trial, were pretty unanimous in believing in Kirwan’s guilt. The  Irish Times in 1904 obviously didn’t bother looking for accurate contemporary reports – a mistake repeated in 2016. I’ve been researching this case a long time and I’ve come up against this miscarriage of justice nonsense at every turn. But each time this lazy mistake is made it’s another disservice to the victim, Maria Louise Kirwan. I also wrote the Ireland’s Eye murder for the Irish Times a few years ago by the way – and made some of the points in this piece then. If you want to read in more detail about the trial I covered it here, here and here and there are other posts if you look under the tag. This is the case that changed the course of my life and I will keep writing about it as long as there is material and people keep getting it wrong!

Familiar territory

Recently in work I’ve been buried in 19th Century crime records. As has been obvious for the past while I’m now working with Findmypast, the online genealogy company. Since I started to research Kirwan I’ve spent so much time with historical records that working with them full-time seemed the logical progression.  I’m now their crime history expert and the past couple of months have been insanely busy as we were preparing for the launch of a major collection of court and crime related papers from The National Archives in London. I’ve recorded a couple of webinars showcasing the new records which you can find on the company’s YouTube channel is you’re interested.

As I posted a few weeks ago I was particularly excited to find Kirwan’s handwritten appeal among the records but I find the whole collection absolutely fascinating. After writing two works of true crime I know how tricky it can be to get hold of the actual paperwork. Unlike America, where you can request any document lodged in a public court, in Ireland getting hold of court documents is next to impossible. In fact when I was working on Devil the only garda statements I could lay my hands on where the ones that had formed part of the American case and so had been used as evidence in an American court. It used to be possible to get hold of the book of evidence if you had built up a good relationship with the gardai who had worked on the case or the barristers but these days it’s impossible. I’m used to hearing the exasperation and frustration from foreign journalists who want to research the case when they discover how little information is available here.

You can find out quite a bit from the judgements in appeals of cases which you can find on the Courts Service website but it’s not the same as the book of evidence. There’s also next to no chance of talking to prisoners here. I did get the chance to visit Essam Eid while he was in gaol in Dublin but that was a specific case. It’s rare otherwise.

That’s what I find so fascinating with the court records that you can find from the 19th century. With my Victorian subjects I can read their prison records, appeals and trial transcript. I might even find photographs. The amount of information I can get about a crime that was committed more than one hundred and sixty years ago is vast compared to what would be obtainable for a modern Irish case. I know how difficult it is because I’ve done it and because I still get regular contacts from reporters and researchers who are still doing it.  It’s thankless work, especially if you’re not able to get to the court for the trial itself.

I sat in the same room as the subjects of my books and was able to watch them and listen to all the evidence. I know as much about those cases as it’s possible to know for a writer. But I know more about Kirwan, who died a century before I was born. I know how tall he was, what colour eyes he had, how he spoke, how he signed his name. I know thirty years of his life and the lives of those around him. That’s one of the reasons why I love historical research so much. I know that if I dig hard enough, search thoroughly enough, I will find out more than I could find out sitting in the same room as someone.

When I was researching Devil, seven years ago exactly, I was excited by how much I could find out online. But the possibilities from the digitisation of historical material are awe inspiring. Most of the research I’ve done on Kirwan has been the good old fashioned legwork type. I’ve been in so many different libraries, my pencil case is bristling with readers’ tickets. But so many of the really exciting discoveries I’ve made have been through digitised material. I’m excited to see where things go from here. So many stories, so many connections, so many lives waiting to be discovered. I want to be on the front line of that. How could I not?

The Trouble with Jack

Detail-of-Jack-the-Ripper-coverage-from-Illustrated-Police-News-1888

Detail of a contemporary illustration from the Illustrated Police News showing the face of Jack the Ripper as described by witnesses, 1888. Copyright British Newspaper Archive.

Jack the Ripper is a phantom, a bogeyman, a shadow in the night.  At the height of the terror the Illustrated Police News printed this picture, a mere artist’s impression based on the most recent witness statements. We know that someone committed those murders, that police suspected the deaths of five women, killed brutally in a three month window in the Whitechapel area, were killed by the same assailant. They assumed it was a man, they never caught him. “Jack the Ripper” flirted with the press for a while then faded away. He’s become one of our greatest bogeymen, the archetypal killer, a stock character in film, TV and books. There are countless theories about who he was, countless websites. For a man with no face he’s got a hell of a profile.

Then there were the victims. Mary Ann Nichols, Annie Chapman, Elizabeth Stride, Catherine Eddowes, Mary Jane Kelly. Very often they don’t even get a name check, they are simply victims one to five, just pieces of the puzzle that is Jack. Their dead faces are familiar, you can find them easily online (I’m not linking to them myself but if you want to find them go ahead).  They give nothing away in those grainy post mortem photographs. Death has brought them a kind of unity, a flat sameness similar perhaps to the way the hardness of their lives would have ground them down in life. These were working class women, whose poverty had dragged them into a precarious existence on the streets. As so many with no other choice they sold their bodies for pennies. These were the women the wealthy would pass by without a glance, unless they wanted to buy. These were the most vulnerable women, the kind that leave no mark on history apart from the odd arrest for soliciting or by meeting an extravagantly grotesque death. There are many like them who died nameless deaths. Take Mary Ann Nichols, whose sad, hopeless life was described by historian Fern Riddell on Twitter last year and in this Storify.

Even today the victim is all too often the missing piece of the puzzle. They existence during the trial of their killer is reduced to mere evidence, a collection of test tubes trying to confirm guilt. All too often the victim is a woman and the killer is a man. I’ve written about it so many times; the families outside the court describing the person they felt was missing from the proceedings. The families of Jean Gilbert and Celine Cawley both felt the need to go to the papers to give them a voice. They had the opportunity. How many women die in Ireland and elsewhere whose murder doesn’t cause headlines, doesn’t sell papers. Certainly in Whitechapel in the 1880s attacks on women were so commonplace that there has always been a debate about cases that could have been connected to the Ripper. As this timeline shows the 1880s were not a good time to be a vulnerable woman. And then, thirty years before, when William Kirwan killed his wife Maria, many of the papers didn’t even bother to get her name right. She often appears in the contemporary press as Louisa and these days she turns up as Sarah, Louisa or Maria or even sometimes Mary. It took a lot of digging to find Maria but you’ll hear her husband talked about on the boat over to Ireland’s Eye to this day.

That’s why the story of London’s Ripper Museum is in such appalling taste. The Evening Standard and several other London papers carried the news that a new museum opening on Cable Street in the East End will not be a celebration of East End women and the suffragette movement as the owners had suggested in their planning application but instead a museum dedicated to Jack the Ripper. At first they claimed that this was the way to humanise the victims but their Facebook page, as it stands this evening, makes no attempt to even pay lip service to anything but the public’s lust for a good murder “Jack the Ripper Museum, situated in a historic Victorian house in the heart of Whitechapel, tells the full story of the Jack the Ripper murders. Step back in time to the London of 1888, the greatest city in the world, where the greatest unsolved crimes of all time took place. As you explore the museum, you will discover everything there is to know about the lives of the victims, the main suspects in the murders, the police investigation and the daily life of those living in the east end of London in 1888. Once you have all the clues, will you be able to solve the mystery of Jack the Ripper?”

Now don’t get me wrong. I get why a Jack the Ripper museum would get visitors. I get why it’s a good commercial prospect. I made my living from the public appetite to murder. I’d be a hypocrite if I condemned it outright. But Dark Tourism needs to be respectful – and it certainly needs to be historically accurate. The frontage shown in the newspaper coverage looks more like a Disney Pirates exhibit and, as many of the angry local residents quoted in the Standard piece pointed out, Cable Street wasn’t the site of any Ripper murders. The area has it’s own proud history and that’s what should have been celebrated. What makes the story even worse, or at least adds a particular piquancy to it, is that the man behind the rather dodgy scheme, Mark Palmer-Edgecumbe, was formerly Google’s head of diversity and inclusion…he told the Standard today “We did plan to do a museum about social history of women but as the project developed we decided a more interesting angle was from the perspective of the victims of Jack the Ripper.” Because obviously a brutalised life gruesomely cut short is so much more inspiring than say, for instance, Sylvia Pankhurst. Local paper The East London Advertiser says that the planning document submitted by the architects cited the closure of the much lamented Women’s Library in the area that “the “Museum of Women’s History”, as it calls the project, would be “the only dedicated resource in the East End to women’s history””.

A museum of women’s history would be a great thing. It would be somewhere to teach our children and to educate ourselves. A celebration of murder will not do that. No matter how much detail they give about the women who died. The focus is on the phantom in opera cloak and top hat clutching a doctor’s bag. A cliche who will will teach nothing, inform nothing, provide nothing but cheap thrills and feed base instincts. Judging by the story so far this is a ghoul hunting expedition not a celebration of the resilience of East End women. If they’d done what they said the press they would have got would have been over-whelmingly positive. They would have been championed across the planet as an example of how we are moving forward. Instead the social media carrion crows are circling looking for blood. I wonder if the owners think they’ve made a mistake.

A Missing Piece of the Puzzle

I’m extraordinarily lucky to have a job that I love. I’m even luckier that this job allows me to indulge in old obsessions and follow them in new directions. Lately I’ve been happily stuck up to my eyes in crime records, the UK National Archives newest records release to be exact. It’s been like revisiting old friends but I’ve been particularly excited to find the missing piece in a puzzle I’ve been grappling with for years. Regular readers will know that I’ve been working on the case of 19th Century murderer William Bourke Kirwan for years now. He’s brought me in a whole new direction professionally, not least this change of job and this long, long in the writing book (which is still long in the writing but I’m getting there).

It’s been a while since I’ve written about the case so here are the basics. In September 1852 Kirwan and his wife Maria went out to Ireland’s Eye. They’d been staying in Howth for some weeks and often spent the days out on the Eye where he would sketch and she would read or swim. Maria was a strong swimmer. She loved the water. But that night when the boat came to pick them up Kirwan was standing on the foreshore alone. He hadn’t seen his wife for hours, he said. He’d looked a bit and called but she hadn’t answered. What to do? Where could she be? There was a search as the night drew in and eventually they found her. She was lying half in in the water in a place on the island known as the Long Hole. She was dead. The trial was a bit of a shambles. Kirwan’s mistress, a key witness, did not appear when she was called in evidence. Proof that Maria had lately discovered the existence of the mistress and a second family mere weeks before her death was never produced and the defence called medical evidence that no murder had been committed. One of the most eminent medico-legal experts of the day told the court that Maria had gone swimming too soon after her lunch. It was indigestion that killed her, not her husband. I’ve written an account of the full trial here, here and here by the way, if you want more detail.

Despite all the digging I’ve done on Kirwan and his women there have always been gaps in the story. It’s hardly surprising – this case is more than 160 years old. Although I’ve more documentation for this case than I’ve had for the more recent cases I’ve written about. One piece of the story was illusive though. I’d always known that Kirwan had been as determined as Joe O’Reilly to clear his name but hunt as I might I could not find any of his petitions. I’d presumed that they hadn’t survived despite tantalising breadcrumbs that I’d found along the way. So imagine my excitement when I idly keyed in his name in work and hit “Return”. I’d expected to find documentation about his journey through the prison system. If nothing else, 19th Century British bureaucracy was comprehensive to say the least. What I did not expect to find was his words. They had been lost. I knew that.

But there it was – his petition. Again, even though I was excited to find it, I expected to find departmental correspondence, rather than Kirwan’s own words, his own handwriting. I work daily with copies of three of Kirwan’s sketches pinned to the wall. He was a moderately successful artist, although the examples of his work I’ve seen suggest a rather naive talent at best. I’ve written about the collection of his paintings held in the National Library of Ireland on their blog here. I’ve always suspected that they say more about the public fascination in the murder rather than his artistic reputation. But I know those paintings very well by now. I know that there are some I’d doubt were by him at all. I know there are some that I’ve no doubt were by him. I photographed those sketches from every angle, I’ve shots of each and every signature, every doodle on the back of random pages. I’ve studied them as if they could let me see into the mind of the man who made them. That’s one this this case is missing after all those years in the courts. I can’t see Kirwan in the dock. I can read accounts from the hacks who were there and I can read the words of his evidence but it’s not the same. I can’t see him in the in-between moments, the moments at rest, unobserved. I can’t watch him sneaking a cigarette or talking to his family. I can’t watch him arrive. The pictures are the closest thing I have to that. I’d say they were something similar to whoever bought them, whoever was the reason that they ended up in the National Library collection.

I’m so used to deciphering his doodles that I’ve grown rather familiar with his hand. I know the pressure he put on the paper when he wrote, the way he looped the W and K in his name, even when writing his initials. Flicking through the results in the National Archive results I saw those same loops. Here it was, after years of searching, here was the murderer’s appeal. When I was working in the courts it used to be a standing joke that the prisons were always full of the innocent. You will seldom get a killer who admits what he has done. Once they’ve plead not guilty why would they? So it’s hardly surprising that Kirwan harks back to the “insubstantial” evidence of his case. I’d found rumours over the years that Kirwan had capitalised on his previous life as an anatomical draughtsman, familiar with doctors and death, by finding work with the prison doctor. Sure enough in his appeal Kirwan claims leniency in recognition of his work during the Yellow Fever outbreak at the Bermuda penal colony where he was being held.

Kirwan petition clip 1

He had also, wisely, not argued for the right to rejoin his mistress but instead pleaded to go to his children. In fairness to the man, he does seem to have been a doting father. I’ve a sketch over my desk I’m pretty sure is one of his daughters and it stands out among the pictures in the collection, to an extent that it’s easy to read affection into the precision that captures the tilt of the head.

Kirwan petition clip 2

I’ve stared at so many examples of 19th century handwriting over the past few years but Kirwan’s hand is unmistakable. He writes with speed and flourish. You could almost read an impatience there, perhaps an arrogance. Certainly his appearance in court was with a swagger that marks him out among wife killers. There aren’t many who would argue their case so fluidly and articulately – although I’d still very much doubt that he argued then as an innocent man. His petition is full of the same swagger, especially in his signature –

Kirwan petition clip 3

It appears that despite his fluency and flourish Kirwan wasn’t at all successful in his appeal. The rest of the correspondence suggests that the Irish authorities would have been happier if he had been discretely disposed of when the Bermuda camp was broken up. It would have been better if he had been “lost at sea” rather than returned to Ireland. It’s apparent that Kirwan did return though. Various accounts within living memory of the case describe his life at Spike Island prison in Cork. Apparently he painted murals on the walls of his cell. It was years before he got his wish in the end. This petition was written in 1862, ten years after the murder. It would be another 15 before he would see release. Contemporary accounts describe a broken, elderly man who paid one last visit to Ireland’s Eye before leaving for America (and presumably his children). How did they receive him? That’s a story for another day.

Excerpts courtesy of The National Archives from the Crime, Prisons and Punishment collection on www.findmypast.ie

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.

In Search of Heroines

Last weekend I was lucky enough to get a sneak preview of the new Ingenious Ireland walking tour. A specially commissioned tour to mark International Women’s Day and the opening of the new Rosie Hackett bridge across the Liffey, Obstreperous Lassies tells the story of just some of the incredible women who came to prominence in the period between 1913 and 1916 here in Ireland.

Now being an unrepentant liberal lefty feminist type the mere idea of the tour was enough to make me smile. I can’t think of a better way to spend an hour or so on a sunny morning but traipsing around Dublin hearing about women who refused to sit down and shut up, who refused to do what was expected on them and who refused to accept the status quo. It was wonderful to hear about Maud Gonne as the woman who had championed free school meals rather than the aloof romantic figure who used to make W.B. Yeats dissolve into sighs every time she wafted past him. Or Ann Jellico, the Quaker mill owner’s daughter who decided that women needed skills to earn themselves a living and set up schools to teach them. Or Kathleen Lynn, often known as “the rebel doctor”, who helped to set up St Ultan’s clinic on Charleville Street and was instrumental in the introduction of the BCG vaccine. The tour is a wonderful catalogue of women judges and politicians, doctors and fighters, women who were suffragists and pacifists and who played their part in the formation of this country.

After the first hour of being pleasantly inspired though something else started to nag at me. While many of the names I was hearing were familiar, it was striking how many of the details weren’t. I was used to hearing the names as footnotes in the sacred history of the land, women who had stood bravely beside fighting men but were largely remembered as the helpmeets, there to tend the sick and take down a note of history as it passed. The honourable exception of course is Constance Markievicz, but that’s a whole other kettle of fish that I’ll get to in a moment. The point that kept coming home during the tour was that the stories of these women, who were all formidable, magnificent, inspiring examples of their sex, the kind of stories I used to latch onto with fangirl adoration as a teenager, much of that stuff was absolute news to me. It felt almost shockingly fresh to be looking at historical events from a woman’s perspective. It was only by focusing on that angle that you realise how unusual it is to hear.

As a child in the 70s and 80s I knew I was lucky to be born into a time when as a girl I no longer had to fight for my education. Growing up in a middle class area I was expected to go on to university, I was expected to have the freedom to follow whatever career path I chose. It never occurred to me that as a girl I was any less able than a boy. I knew women had already fought for the right to vote, the right to an education, the right  to own property and to not pass into the ownership of the man they married. I saw all of these as battles that had been won, as rights I now had. Like any child I couldn’t see limitations until they appeared right in front of me. Back then it never occurred to me that the world was anything but equal. I wasn’t short of role models. I saw strong women all around me, in my family, in popular culture and in the books I read. It wasn’t until much later that I began to see that the world was a far from equal place. That’s when you really need your heroines.

The one thing that I really remember about my stint doing the @ireland Twitter account last year was a conversation that took place on my last day. That week there had been a lot of media coverage of the suffragettes. It was the centenary of the death of suffragette Emily Wilding Davison and all the columnists were in a retrospective mood. At the end of a conversation about the various memorials to the suffragettes in the UK I had asked the 15,000 or so followers of the @ireland account to recommend similar Irish memorials to inspirational women down through the years. Several hours later we were still struggling to come up with anyone who wasn’t Constance Markievicz. And that’s my problem with the good countess. While she was undoubtedly a formidable force to be reckoned with and surely a fine role model for any trailblazing young Irish woman (or any other woman – or man for that matter – she really was a hell of a woman), it does appear that Constance has been venerated to the exclusion of almost all other women. When you look at the number of women who have been equally extraordinary and who have been all but wiped out of the history books it almost smacks of tokenism.

It’s taken until 2013 to have a bridge named after a woman. Calls to rename Merrion Square after Oscar Wilde’s extraordinary mother have fallen on deaf ears. Apart from Constance Markievicz there are very few memorials to prominent women in Dublin or anywhere else in Ireland. If you go by public monuments Ireland is a country that was built and maintained purely by men. That’s the thing that get’s me more than anything else with all of this – because Irish women are and have always been ballbreakingly strong. From the Celtic archetypes of the Morrigan or Queen Meabh, to the pirate queen Grace O’Malley who faced down Elizabeth 1, to any of the women who fought for Irish freedom right through to the indomitable Irish Mammy there’s no shortage of Irish heroines – many of whom were actually real people and aren’t simply mythological constructs.

In a world where inequality is rife, where violence against women is endemic, it might seem superficial to talk about statues and wallplaques but it’s all part of the same thing. Public statues are things we walk past on a daily basis, they are part of the fabric of our lives. We might ignore them most of the time but one day we’ll probably ask their story. Their mere existence tells us that there is a story to be told. Women’s history so often slips by, it’s harder find their stories because for so long they didn’t have a voice, they weren’t in a position to make a difference. So when they were we should celebrate them all the more. So to get the ball rolling I’d like to propose a statue Winifred Carney in the GPO.  She was there with James Connolly during the 1916 Rising, known as the typist with the Webley. I could see her as a little figure with a typewriter standing in the main hall on the edge of the crowds. They’d bump into her as they queued, especially at Christmas. People would stub their toe against her, apologise absently as they brushed past. They’d ignore her most of the time but every now and then someone would look to see who she was. It doesn’t have to be Winifred Carney, I just like the idea of the statue.

I’m fed up of feeling that jolt of surprise when I hear a woman hosting primetime radio, or when a walking tour for International Women’s Day feels like a novelty, or feeling that it’s something to be applauded when a bridge or a banknote bears a woman’s name or a woman’s face. This stuff shouldn’t matter. I’m fed up of feeling I should be happy that a woman is being represented regardless of whether I have a reason to applaud their achievement. This isn’t a big, earth shaking change though it’s a canary in a coalmine issue. When it’s no big deal if a woman is on the bank notes or even when there are complaints because all the bridges are named after women, or all the voices on prime time are female or all the banknotes have women on them then we’ll have actually got some kind of equality. At the moment that still feels like science fiction and it’s utterly wrong that it should feel that way.

Happy International Women’s Day.

Gateways into Other Lives

Image reproduced thanks to the New York Public Library on Flickr

Image reproduced thanks to the New York Public Library on Flickr

Every time I start a new book, once the idea’s solid and the characters are more than half formed, I work out the music that will accompany the writing. It’s one of my favourite parts of these beginnings, like buying new notebooks and a pencil case before the start of a new school year, a little ritual that makes all the work ahead a little less daunting. It’s my favourite tip about writing and one I tend to give at the drop of the hat, because I don’t know a better way to find the beating heart of a new book when you’re still at the tentative feeling around stage and the book hasn’t really started taking shape. While my characters are still getting themselves settled in having their own playlist seems to speed the process.

Music acts like a shorthand for the mood of whatever I’m writing. My desk is under the stairs in the middle of the house, equidistant from the front door and the kitchen. Even when I’m on my own in the house it’s not the quietest place to work. But once the music is playing I’m there. I start to feel a little of what my character must feel in the scene. It’s far easier to find that elusive zone where the words flow easily and it almost feels like you’re describing events unfolding before you. So far I’ve found that nonfiction works best with a single playlist for the whole book but for fiction character playlists are the only way to go.

The book I’m working on at the moment is broken up into several parts. Each part focuses on one central character and it’s their playlists I’ve been working on. Because this book is set in the 19th Century I’ve been listening to a lot more instrumental pieces than I would normally. While I’m trying to keep the choice of music historically accurate I’m more interested in how each piece makes me feel and whether that emotional response suits the character I’m writing. So for my first chapters, set largely in the 1830s I ended up listening to a lot of Mícheál Ó Súilleabháin, including a particular favourite below.

Now that the story has moved on a pace and I’m in a place with a lot more drawing rooms. The music for this section is heavily piano based. I’ve been listening to some Bach, a little Chopin and a lot of John Field, like this nocturne.

As the story moves on the action will be travelling to America so I’ve a feeling I’ll be listening to a lot more Aaron Copeland even though once again the period’s off, although as always I’ll be open to suggestions.

By the time I’ve finished this book this music will have become the soundtrack, inexorably linked. When I get stuck and need to go for a walk to clear my head I can take the playlists with me and listen to them while I walk. Away from the page the music sometimes works its magic and cuts through a knot that has been confounding me all day. The only time the music isn’t useful is when I’m editing. I need to edit in silence, or with something familiar but incongruous playing in the background. Without the familiar soundtrack I can better tell if the emotion in a scene is real or hasn’t translated.

At the end of a book the playlists get relegated and I move onto the next thing and the next soundtrack. Finding them again is a little like finding a photograph of an old lover. Sitting in the music folder of my computer is the playlist named for the hero of my first book, the one that’s sitting in the filing cabinet in the next room and will almost certainly never see the light of day. Every now and then I revisit his playlist and toy with the idea of resurrecting him. I haven’t deleted the playlist after all these years so perhaps one day I will.

So if you’re reading this as a writer do you have any tricks that help you get into your characters’ heads? Any touchstones that you need to help you get into the writing zone? Feel free to leave a comment and let me know.

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.

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