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Tag: William Kirwan (Page 1 of 2)

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

Those twitching net curtains again

“Because they should know better…”

That’s what I was told when, as a young journalist, I asked why it was always bigger news when a crime was committed by someone in a white collar job. I never liked that answer. Let’s leave aside the fact that it assumes that anyone from a less privileged position in society doesn’t or can’t know that committing a crime is wrong, I just don’t think it’s the whole story.

Human beings as a species are naturally nosy. Maybe it grew up as a survival strategy, maybe it’s just one of our baser instincts, whatever the reason, there is a slightly sinful enjoyment to be had from peering into someone else’s life. Look at the success of reality television. Social media means we can stalk our nearest and dearest, not to mention people we haven’t seen since school or who we met briefly once long ago, like never before. But for proper Grade-A snooping, with added moral vindication, you really can’t beat the criminal courts.

When you’re reporting a trial there is a checklist you follow to find that perfect case. A perfect case, especially if you are a freelancer, is a story that will get you “above the fold”. A story that will have good enough quotes that they will appear as a “standfirst” in larger type at the top of your piece. A story with a strong enough hook that you’ll get a nice large headline and maybe a picture byline. A story that lends itself to pictures. A trial with a white collar criminal or a murder with a beautiful or heartbreakingly pathetic corpse tends to tick all the boxes. Add a sexual element, in murder at least, and you can guarantee the press benches will be full and it’ll be standing room only in the courtroom.

I’ve written about these kinds of trials for almost half my career. I wrote two books because the public appetite for these cases meant there was a market for them. I earned my living out from knowing which trials would generate the column inches, noting details when a death was announced, keeping an ear out for court dates, having the research ready. A big trial would mean more money, would mean the camaraderie of a large press posse following every move, could even lead to a book deal or a movie deal. A big trial would be a pay out.

But at the same time you tend to see the worst of people during a big trial. The rubber neckers who turn up every day, rubbing their hands with glee at the juicier evidence. The neighbours who’d grab you for the gruesome details. The callous jokes you hear yourself cracking at lunchtime with colleagues. Even though it was how I made my living, even though I shared the interest, the lack of empathy bothered me and became something I didn’t want to feed any more.

When we look at a white collar accused we do so with smugness. They should have known better than to be there, therefore we can freely judge them. They have transgressed, have let the side down – we are absolved from pity.  All too often this condemnation is extended to the victim. If the victim can also be seen to have failed morally in some way, then the way is clear to enjoy the gory details without being hampered by compassion. I can only imagine how the family of Elaine O’Hara are feeling this week as architect Graham Dwyer is on trial for her murder in a trial that is generating daily headlines about bondage and sadomasochism. Reading the headlines it’s sometimes hard to tell who’s on trial. Whatever the verdict at the end of the trial, Elaine O’Hara will be remembered by many because of her supposed sexual preferences rather than because of the facts, such as they are known, of her death.

I’m currently researching middle class crime in the 19th century for an academic paper – looking at the very early days of court reporting. I knew from researching the Ireland’s Eye murder that some things never change when it comes to the kind of trials that make the headlines but it’s fascinating to see how court reporting evolved in the early 19th century. Newspapers have never been free of the commercial need to draw in more readers. They’ve always had to “tickle the public”. There was never a time when sex didn’t sell, even when it couldn’t be mentioned.  The trials that are remembered today, that inspired songs and plays back then – like the murder of Maria Marten by William Corder, the famous Red Barn murder of 1827 – would still make headlines. Some things never change.

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.

The Importance of Remembering

This weekend past I visited the graves of forgotten women. It’s something see I do now and again when I can. It started when I was in the early days of researching this current book. There’s a gravesite in Glasnevin Cemetery, unmarked and unnoticed among the more haphazard stones of a century ago that belongs to one of the women I’m writing about. I know that Maria Kirwan bought the plot DX39 and the one beside it a couple of years before she died. I know that in September 1852 she was laid to rest there, only to be dug up a month later when the police investigation into her death got going.

I know that the grave was waterlogged that grim October day, that the new O’Connell tower was under construction, that the part of the graveyard she inhabits is known as the Dublin section, not quite as posh as the Garden section but classy enough for the good burghers of Dublin town who paid handsomely for headstones for their dearly beloved that left the reader in no doubt about the wealth of the mourners and the success of their businesses on such and such a street. Maria doesn’t have a stone. After her untimely death there was no one to buy one. Her husband didn’t care, too busy with the family he had built behind her back, her mother was too in thrall to the husband that had killed her, taking his money and speaking in his defence. Her brother had left for a new life in America and her doting father was dead. The victim often disappears in a murder case but that bare patch of ground is such a stark reminder of the anonymity of death. I know she’s down there but you can only find her if you know where to look.

I look at Maria’s face every time I sit down at my desk, she’s the subject of one of her husband’s sketches that I’ve copied and pinned at eye level to keep me focused on the task at hand. But every now and then I pay her a visit too. Sometimes I take flowers but every time I stop for a moment to think of her, or at least the version of her that now lives in my book. It started as a focusing exercise, a way of grounding myself to the characters I’m writing but now I pop in if I’m passing Glasnevin cemetery. Her grave reminds me that I’m writing about real women, that even though I’m imagining their story their pain was real, their lives and deaths were real. This is the hinterland of fiction, with its ghosts and phantoms. I have to keep one foot in the real world and be respectful of the historical fact.

This weekend I brought two bunches of flowers. There was another grave I wanted to visit. Actually in Glasnevin there are a number of graves I’d like to place flowers on, just a gentle nod to say I’ve noticed, just an acknowledgement of their story, their passing, a nod of solidarity as one human being to another, a nod to say they are not forgotten. There’s the Millennium Plot, in the somewhat grim mass grave section, this is where they bury those who died alone. Who had no one to mark their passing, on the street, in a bedsit wherever. It’s all too easy to slip through the cracks in this world we live in now, just look at poor Joyce Vincent, subject of the 2011 film Dreams of a Life, who wasn’t discovered for three years after her death, the television still playing for her skeleton when she was found. It’s a very modern fear, that lonely forgotten death, even if it is nothing new.  We should all pay more attention to those around us. Maybe stopping at the Millennium Plot would remind us that.

But this weekend the extra flowers weren’t for them. Last week former presidential spouse Senator Martin McAleese’s report into the Magdalen Laundries was published. It got a rather mixed reception. While it did find beyond doubt was that the Irish State had indeed routinely sent women into the infamous Magdalen Laundries, it also took the word of the religious orders about the word of the women who had come forward to describe their experiences. Lets not forget that these laundries were the sweat shops that provided the grand hotels with nice starched linen, the crisp white tablecloths of State banquets, that kept wayward girls and women off the streets in the days when the female sex were viewed as dangerous and crushable. These were places where the courts sent female convicts, where families sent their rebellious women folk, the receptacle where the destitute and the desperate ended up, in some occasions sent there by those they had approached to help including, staggeringly, the Red Cross, The Simon Community and the Samaritans. Over the past seven days we have watched the Taoiseach stumble his way round a non-apology, the religious orders who ran the homes try to tell the women who had suffered under their care that they just hadn’t fully appreciated the experience in the spirit it was intended and the women who were there still waiting for proper recognition of what they’ve been through.

These workhouses were no different from the grim places of terror that haunted the Famine weakened. They were run with the same pious ruthlessness that calmly discussed in the 1840s how they could make a handy buck from the sale of the bodies piling up within their walls if they sold them to the anatomists. We think of workhouses as fossils, relics from an unrecognisably brutal time when life was cheap and brutal. But the Magdalen Laundries continued into the 20th Century. They continued past the formation of a new State, they continued until the last one closed it’s doors in the 1990s. You can tell a lot about a society by the way it treats it’s weakest. What do these stories, and these, say about Ireland?

It’s not good enough to say that times were different. Times are always different from what passed before. This was a brutal thing done by religious orders who should have shown more compassion, a State that should have shown more concern for it’s citizens and a people that should have cared more about their daughters, sisters, mothers and wives. Sadly the Magdalens aren’t an isolated tale of a section of society ill-treated by those who had a duty of care. We’ve already heard of the Industrial Schools, the Orphanages, the Asylums. modern Irish history is littered with the weak and vulnerable being treated like inconvenient rubbish by those who should have done better. We should at least have the honesty to say that if you didn’t decry the system you allowed it, you condoned it, you are just as liable. It’s easy to feel that it’s just all too much, that the constant revelations over the past couple of decades are threatening to overwhelm you in a wave of intolerable injustice. But you can’t turn away, not this time. When the decision was made to deal with the vulnerable by pushing them out of sight out of mind and turning a blind eye no one came out well. It’s a shame the whole country has to take their part in. It should never have happened, but it did. It should never happen again, but it will.

So that’s where I brought my bunch of flowers.

Flowers in front of the Magdalene memorial in Glasnevin Cemetary

 

This stone stands in the car park of Glasnevin Cemetery, commemorating nameless women whose sins went with them to the grave. It’s not the only Magdalen stone in the Graveyard. There are others and still more in graveyards around the country. Then there are the buildings were we locked away those that couldn’t look after themselves, or that didn’t fit in. None of it should be forgotten. This is a part of Ireland’s history that is still a part of our present. We need to remember the truth, the reality of what happened and why it happened and watch for that brutality and nip it in the bud. Maria’s grave helps keep my fiction rooted in fact. I’d like the other flowers to do something similar. I’ll keep leaving flowers and you never know it might catch on, perhaps one day it’ll be as big a trend as the padlocks that hang from the Ha’penny Bridge to honour teenage love. Something that will get people talking, asking questions and will keep the memory of all this stuff alive. It’s our duty to remember or it will keep happening because no lessons will ever be learnt.

How She Did It…Or Not…

It’s hard to believe that Devil in the Red Dress was published over four years ago. Even though I’m working on my fourth book at the moment Devil  is the one that keeps coming back like a bad penny and it’s not likely to stop doing so any time soon.

The main reason for this is the petit blonde at the centre of the Irish half of the story. Was there ever as winsome a femme fatale before the Irish courts as Sharon Collins? I doubt it somehow. I remember Sharon well from her trial – eight weeks is a long time to see someone everyday. Even with a very heavy Damoclean sword hanging over her head she still managed to sparkle when the mood took her. I remember watching some footage of one of her police interviews, shown to the jury to indicate minute differences in the syntax of her answers that had not been fully captured by the garda scribe. She sat in the bare interview room, twisting a handkerchief in her hands as she called the gardai by their first names. I watched that footage, the jury watched that footage and I don’t think any of us particularly bought her story. There was something of the air of a little girl twisting a curl around her finger to deflect a parent’s wrath.

The jury, after watching this footage and also after watching her on the stand over two whole days, convicted her on all counts. She was convicted of both conspiring to kill her lover PJ Howard as well as his two adult sons and soliciting someone to kill them. Her co-accused, Egyptian poker dealer Essam Eid, was acquitted on conspiracy charges and the DPP eventually conceded that it would have been difficult for Sharon to have conspired alone but the soliciting charges stuck. Despite her earnest demeanour, despite her protestations, it was hard to believe the story of the rogue creative writing tutor who had travelled from America with blackmail and extortion on her mind (this was honestly the main  thrust of her defence). About the only one who seemed to believe her story was her main victim, PJ Howard. He vowed to clear her name back then and hired private detectives to track down the mysterious Maria Marconi. Everyone drew a blank. One Las Vegas detective, so I heard from my sources, was so irritated by the wild goose chase she had been sent on that she approached gardai to give evidence in the trial about the non existence of the Machiavellian tutor. The FBI tried to find Maria Marconi. They drew a blank. No one by that name had  entered or left the United States at the time she was supposed to have been up to no good in Ireland. I tried to track down Ms Marconi when I was researching the book. I found most other people connected with the story. Her I didn’t find. At one point in their investigation the gardai thought that Ms Marconi bore a striking resemblance to Essam Eid’s dodgy paramour, Theresa Engle. Sharon Collins didn’t go with that one though. Maria Marconi was real and dangerous. Maria Marconi, the six foot invisible white rabbit of the creative writing fraternity!

I never had any doubt about the veracity of her conviction. I watched her daily for six weeks and I would have convicted in a heartbeat. There’s something about the story told by a guilty person on the stand that stands out. It’s hard to put your finger on but it’s something you start to see when you watch a lot of trials. It’s actually what drew me to the story I’m working on now. I was reading the transcript of court proceedings from a hundred and sixty years ago and that guilt was drumming out the same rhythm. It tends to show itself in a certain obliqueness, a reliance on minutiae, on incidental details that an innocent person wouldn’t have picked up on. If you’re aware of what you’re doing when you commit a crime surely part of your brain is going to be looking for loopholes, the details that can save you. Those are the things you’ll remember and those are the things you focus on. But you get so focused on the details that you forget to the basics of innocence. The fact that you didn’t do it. It comes out as “You can’t think I did it because of this thing” rather than “I’m innocent.” I doubt this is hard and fast but then the people who end up before the courts aren’t exactly the best criminals – they are the ones that got caught. That same rhythm’s in the Maria Marconi story.

Why am I picking over the defence of a case that’s four years old, the time served, the matter closed? Well it’s not closed. Not if Sharon has anything to do with it. I haven’t heard her mention Maria Marconi recently but she still claims she was set up.

When she was first released from prison Sharon Collins wasn’t allowed to talk to the press. That embargo was up around New Years and sure enough there she was in the last days of 2012, making herself heard. Now this is a case that has made headlines both here and in the States. I know from experience that there’s massive interest in retelling it and it was always going to be the way that Sharon was courted to tell her part as soon as she could. Apart from the inevitable documentaries and movies she is apparently in discussions to write not one but two books. She’ll be following an age old tradition if she goes down that route. My Victorian case spawned at least three pamphlets from supporters of the convicted man. Back then the accused didn’t have as much of a right to reply as they would have in a modern court. They certainly wouldn’t get to take the stand. But Sharon did take the stand, and the jury didn’t believe her. They convicted. Unanimously. It was Eid, who also took part in an eerily similar plot on the other side of the Atlantic, they had difficulty with. Now in fairness, Eid also professes his innocence – but then the gaols are full of innocent men!

Perhaps it’s because I’ve dug so deeply into this story;  perhaps it’s because I’ve heard about the evidence the DPP didn’t use; perhaps it’s because when I’m face to face with someone I trust my gut but I find these protestations of innocence irritating. I get that this is a great story and the whole world is interested in learning more about it but using that notoriety to undermine the case put against you leaves a bit of a nasty taste. I’d be interested to hear why she did it, or how, what it was like emailing a man she thought was a hitman, discussing your partners death with such flippant coldness, but the perpetuation of the fairy tale she tried to fob off on the jury? No thanks.

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.

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