Sunday, June 11, 2017

Ellen Maher

Ellen Maher's story is a long and involved but well-documented one. Her part in the murder of a tenant farmer, at the behest of her father - saw her sentenced to hang at Trim Gaol - only to be reprieved at the last moment. She was transported to Australia for life. Her mental condition was never the same - her trouble documented on the ship Roslin Castle in the ship's surgeon's log as well as in the newspapers of Gundagai and the records of the Tarban Creek Asylum where she ultimately died.
The murder and trial was widely reported in both Irish and English newspapers - many of them picking up and repeating the publish stories. Those documented below are not exhaustive but represent each of the various permutations of the story and the small details that can be gleaned from the various accounts.
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There is a folklore tale about Ellen and her family in the 1937 Folklore collection under County Meath in Ballinacree. It contains lots of fanciful details but also some remarkable ones - including the gaelic version of M'Enroe's name. I have highlighted facts I know to be true in bold. 

"The churchyard was wet and people weren't pleased with water on their dead so they asked Bishop of Where to drain it off. He got his boy to do it anyway - a boy that was hired with him. This lad dug and found a chalice - a gold chalice near the sconnsa (sic) but he was quick enough and didn't show it to the bishop or priest."
A man named Mac an Ruad (MacEnroe) bought it from the hired boy for a 'guinea'. Mac an Ruad was then living in a wattled hut on Maher's land. Maher was in great oppul (sic) at the time and they kept Mac an Read when he was on the stray - to work with them.
 Very well. Mac an Ruad set off for Drogheda with the chalice under his Tristie (Thriste) and sold it there for 100 pounds. Now Walker was the Maher's land lord. He lived in Ann's Grove. He was a devil-may-care and spent plenty of money but he was hard up at this time and didn't he borrow the 100 pounds from Mac an Ruad and undermined the Mahers and put them to the road and gave the place to Mac an Ruad and left the 100. There were crocks of cream spilt on the road at the eviction as the Mahers' had full and plenty. 
Now the Mahers came to Tubrid and put up in a hut now Paddy Gaffney's of Tubrid and wintered there. The Mahers were monster men - three and a big sister and the mother. Denny, Pat and Ellen (couldn't get the other brother's whereabouts), Quiet decent creatures when left alone. 
Mac an Ruad now got in and a fine place they had and started to work the land. He got all he wanted from Walker. Mac an Ruad was a wild rake an kind of a mad man always going about with a gun under his arm because of the Mahers. The curse of the chalice followed him. He married a woman from Westmeath Mulyfarnham. Ally (Alli). They had no children. 
One day Mac an Ruad went up to Webb's of Hilltown with a sample of wheat. Webb's had a mill then. He had to pass by Mahers on his way but had the gun under his arm and the Mahers watched him coming home and Ellen was getting a pail of water out of the duck pool across the road and she lit on him and caught him in her arms so that he couldn't work the gun. She shouted for Denny and he came with a bar for shoeing horses and split his skull in four halves. "Hit him again" says Pat " A dead cock never crows". There was a man cutting barley in a garden beside the road and the brains dashed on him but he lay down in the barley so that he wouldn't have to go to court. Another man came on horseback going to Oldcastle and when he saw the row he turned and went round by Grieve (Gniomh) so that he'd escape witness. 
Nobody saw the murder then but Helen Briody (Helen Reilly) who was in the little shop near with a look (?) of eggs and she kept quiet. 
The police came on them and "Terror" Rotherham - that's old Terror's Grandfather He was landlord of Tubrid and he said he'd put an end to murders. Terror met the polis at Mahers'. The Mahers Denny and Pat were down in Ballynacartha sifting meal - there were no wind sifters then in the mills. Terror asked the mother where were the boys and she said they were in Ballynacartha. "If they are innocent they will come home and if they are guilty they will stay away." All waited and they did come home. The polis tried to handcuff them and they broke every one of them as the big policemen put them on. The polis weren't long in Oldcastle at the time nor long in Kells either. The polis marched them to Oldcastle but they couldn't take prisoners to the barracks without having them handcuffed and when they were coming up at John Georges (now Mr ONeill's) the Mahers let a small policeman handcuff them - not the big bullies. 
They were then brought to Kells for trial and the country round was searched for witnesses and for the horseman who saw but none could be found only Nicholas Brown and the Cobbler Tuite, great swearers who never saw it. 
They were sentenced to the gallows and they were hanged in Kells - the last to be hanged there. The mother was a soft kind of a woman and she went to Kells the day of the hanging and she eat gooseberries off a little bush while they were hanging. 
When Pat was taken down dead two white butterflies came out of he head and flew up to heaven. The mother got their clothes and walked home. Ellen was transported to Van Diemen's Land and she married an Irishman Reilly. She was free to marry but not to leave Van Diemen's Land. 
One of the Mahers lived after in Ballinacree (now the school yard). (This probably the third brother). His nephew Reilly came home from Van Diemen's land the greatest scoundrel that ever came to the parish and lived with Maher in Ballinacree. Maher died in the snow and was buried in Killeagh graveyard in five feet of snow. Reilly got whatever money he had. He got an easy burial - when the snow went his coffin was a foot overground. Sure they say still "he'll be buried like Maher". Reilly went away - devil a much loss he was.

Informant - John Smyth aged 88 from Ballynacree, Co. Meath. 

The folklore tale is interesting. From what I have read Walker (who was not the landlord (that was the Duke of Buckingham) was actually the Duke's agent and had the power to decide which tenants had their tenancies renewed and who didn't. Walker was a protestant and there are allegations that he favoured protestant tenants over Catholic ones. The mythic element of M'Enroe having the "curse of the chalice" and his seeming bad character would jibe with the fact that he was possibly also a protestant (hence local folklore is against him and for the Catholic Mahers). 
The mythic "monster men"  - the Mahers and their "big sister" also has a ring of truth to it. I know that Ellen was 5ft 6" from her convict records. That was a decent height for a man in 1836 - let alone a woman - so perhaps the family were larger and taller than average. 
It was Ann Briody who saw the Mahers on her way to Heery's shop. She did initially keep quiet about what she saw.
Ellen did marry an Irishman (Hugh Tunney) but they never had a son so the story about Reilly is a bit of a weird addendum. 

There is also a second story that relates to a local poet called James Martin. It is told by Margaret Smith or Rahard, County Meath and is rather interesting too. 

"Local Poets" 
About a hundred years ago there was a man named James Martin who lived at Millbrook, Oldcastle in the Co. Meath. At that time there was no Parochial House in Oldcastle and the Clergy lived at Millbrook about a mile from the town. This man Martin used to work as a labourer for the neighbouring people very often for the priest whose name was Father Leonard. The story is told that one evening when Martin was after hay-making he lay down beside a cock of hay to rest himself and have a smoke. After some time he fell asleep and when he awoke he saw beside him a pair of boots, a fiddle and a book. Martin stretched his hand for the book and as he did something hit him in the eye which made him permanently blind in one eye. Everything disappeared and he was immediately full of learning and for the first time in his life he could read and write. 
Up till this time he was illiterate. It was thought that a fairy or some spirit had touched him with a wand. He had at once started to compose and write of a very beautiful type. Some of his writings are still to be found. "The Wounded Soldier" is a excellent piece of composition describing the Battle of Waterloo. He was married but had no family and he used to call his wife Sweet Jane of Loughcrew. Another song that won fame for him was "Sweet Lough Baun". There are some pieces of his writings to be found and this one ran thus: 
"Sweet Drumone that stands alone. 
An ancient village town
There's neither fair nor market there
Since Cromwell called round
The bony lark from dawn till dark 
Still whistles at the dawn
With her long beak if she could speak 
Good morning Sweet Lough Baun".
In the days of Martin the poet the landlord was the chief owner of the land. Evictions often took place when the rent could not be paid and to usurp some neighbour's land by giving a sum of money to the landlord was common too. This was known as undermining your neighbour. A case of this kind Martin has made a song about. The two brothers that were sold out of their home were hanged in Trim jail because the murdered the new tenant. Martin's poem ran thus: 
"In Tubrid near Loughcrew for centuries nearly two, 
There lived upright and true in peace and unity
A family I'll name
Exempt for blot or stain. 
Off a true Milesian strain
And sound integrity
Till the agent of the land 
As you may understand
He bartered underhand 
And drove them from their home.
To exult in their distress
Their land for to possess
The Almighty did not bless
Or let them long enjoy.
They met  worthy doom
Well merited full room
An not one for him to moan
or one pity tear to cry." 
James Martin was a gifted poet. He had a flexibility go with and humour Sympathetic and a lover of nature. His pen was the quill of a goose. He wrote pious literature too one well known book is the "Lilly of Israel". Martin was loved by rich and poor. On Sundays he sold his books outside the church. An old man named Peter Skelly of Kingsmountain once told me that he bought books from the Poet Martin on several occasions for the sum of twopence each. There were mostly well known political books Skelly was interested in and during the political struggle in Ireland in 1921 he was obliged to destroy the books. From time to time portions of his writings appear on the Meath Chronicle. He is buried in the little churchyard of Moylough side by side of his pastor Father Leonard P.P. The inscription on the headstone which was erected by the Priest read - in loving memory of James Martin the poet, writer and greatest Philosopher of his time. His equals we have never met R.I.P.
Philomina Smith Rahad, Lisduff, Kells,Co Meath
Information was obtained from my sister Margaret Smith Rahard, Lisduff, Kells, Co Meath. 


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Westmeath Journal - 13 March 1834

Rockite Notice,
The following notice was left at the house of Owen M'Enroe, in the parish of Foyran, in this county, last week, while he was attending the assizes in Mullingar, to obtain remuneration for the malicious burning of his house, offices and haggard. A gun and pistol were at the same time taken by the party; consisting of four persons, who entered M'Enroe's house in open day. Nothing can exceed the lawless state of that part of the county, where notwithstanding the vigilance of the neighbouring magistrates all authority is set at defiance, "Take notice, Owen M'Enroe, if you have anything to do with Edward Maher's land, that we will come and blow your brains out, and if he does not get his land back you shall get the same wages, for you are the instigation of all this and if you want to follow any person for this look for "Captain Rock".
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Report from Her Majesty's Commissioners of Inquiry Into the State of The Law and Practice in Respect to the Occupation of Land in Ireland Volume 3

Testimony of William Ford Esquire 16th January 1845 (p879)

On the very borders of the county there had been some arrangements on the Duke of Buckingham's estate in the county of Westmeath and I believe several had been turned out. I heard at the time that the Reverend Mr. Burke, of Castlepollard, went over to the Marquess of Chandos, but without effect. There were two tenants on the estate who were always fighting. They held, I believe, jointly, or at least their farm was was granted jointly but they held it separately. There was a dispute about the mearings; an ejectment was brought. The Mahers were a very savage, untutored race - they lived on the soil and were turned out. The agent would not grant what had been the co-partner's land unless he took the land from which the Mahers had been turned out. He took it, and ultimately he came into the county of Meath on some business and was murdered about a fortnight before the assizes. I saw Maher (the father), his sons and daughter tried for that offence. I saw three of them found guilty - two sons and the daughter - and the father was acquitted. That was all arising out of this agrarian dispute. There were a great many notices to quit,I know, served in the county about that time,and it would appear that that these horrible murders had the effect of having them withdrawn.

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Morning Post London - 21 July 1834

STATE OF THE COUNTRY
COUNTY OF MEATH - BARBAROUS MURDER (From a Correspondent)
On Tuesday the 15th inst., Owen M'Enroe, a decent and industrious farmer, a tenant to the Duke of Buckingham, was barbarously murdered near Oldcastle, in the County of Meath, about 12 o'clock in the day, in a populous neighbourhood and within a few perches of the village of Tubrid, on the high road, by some monsters, who broke and battered his skull with an iron bar, which they left behind in their hurry to escape. Four persons of the name of Maher, who have long vowed vengeance against M'Enroe, were fully committed to Trim Gaol on the warrant of the coroner, a father, two sons and a daughter. Maher had been a co-partner of the deceased, but was turned off his land for repeated acts of misconduct. It is but justice to the country people to state that they showed every anxiety to give information, and some of them even turned out in search of one of the accused, who absconded after the murder and whom they took and handed over to the police The inquest was ably conducted by E. Rotherham Esq, and Coroner Higgins, aided by the Earl of Longford, Mr Pollard, and Mr Dease, the latter three having left their own county. Strange to say of the many Meath Magistrates residing in the immediate neighborhood Mr Rotherham only attended. A few days before the murder poor M'Enroe complained of having been abused by a Priest in the neighbourhood, who desired him to mark the consequence of having taken Maher's land.
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Newspaper Report - The Pilot - 04 August 1834

Meath Assizes (From Our Special Reporter)
Trim, Thursday - At half-past nine o'clock this morning, Judge Burton entered the Crown Court, and took his seat on the bench. He inquired if the jury which had been locked up all night had agreed as to their verdict,The Clerk of the Crown replied not, and the trials of the other prisoners were then proceeded with.
The first case entered upon was that of the persons accused of the murder of M'Enroe; but while their trial was proceeding the jury upon Slevin and Devin came into court with their verdict, acquitting the former and finding the latter guilty. (Details of the sentencing of Devin).

Murder of Owen M'Enroe - Conviction.
William Maher, Patrick Maher, Ellen Maher and Edward Maher were placed before the bar and arraigned for the murder of Owen M'Enroe at Tubbert, on the 15th July last - William Maher by beating him on the head with an iron bar while Patrick Maher and Ellen Maher were assisting, aiding and abetting. Edward Maher was charged as an accessory before the fact, with having counselled, incited and plotted the murder. The prisoners severally pleaded Not Guilty.

Marcus Magrath examined by Mr Cruise, K.C. - I am chief constable of police, quartered in Castlepollard; I went out with the sheriff on the 26th February, to Foyran, to take possession of the lands of the Mahers, M'Enroe and of persons of the name of Kearney. I heard William Maher say it was a hard thing to be put out of his land and the rent paid, but it was all owing to M'Enroe, and that he should get the punishment he deserved;all the prisoners were present; I was at the petty sessions in Castlepollard after the possession had been given up;upon two occasions when the prisoners, Edward and William were summoned by M'Enroe; the charge brought by him against William, the elder brother, was for saying there was no use in burning his house or houghing his cattle- they would make away with him.
Cross-examined by Mr Plunkett - We dispossessed seven or eight persons altogether, including the Mahers; the others used similar language and expressed much disatisfaction with their landlord; the Mahers alone expressed hostility towards M'Enroe; when we got into Maher's house by some contrivance they let the whole roof down on us (Laughter).
James Reilly examined by Mr Clarke - I recollect attending the petty sessions in Castlepollard in spring; I was summoned there as a witness; I did not see William Maher there that day;but I afterwards heard him say he would be revenged on anyone who would take his land, and especially anyone who had lived in disturbance with him; the only name he mentioned was a nick-name "Rotten Crock"; I have known several to go by that name; but I don't recollect the particular person that was then alluding to.
John Neal examined by Mr Martley - I was in the employment of the deceased from the 21st of May last; I knew him at Foyran when the Mahers were living there; Foyran is about a mile and 1/2 from Tubbert; I recollect on the 15th of July; my master went away that morning leaving instructions for me to settle the thatch; I recollect some days previous that Ellen Maher passed M'Enroe's house;the dogs ran out barking at her; and the deceased followed them for the purpose of quieting them; she took up a stone and threw it at him; it lamed his leg; she then took up another stone and said she would have his life if he went near her; the last time I saw my master alive was upon leaving the house on the morning of 15th July; I saw him dead on the roadside about 12 o'clock the same day; within 20 perches of Maher's house; by the Magistrate's orders I watched for William Maher at his father's house; I commenced my watch at 11 o'clock at night and, on finding that he did not return, I went to search for him in other places , leaving James Murphy in my place. On returning in the morning, I found him at his father's house, sitting by the fire. I then, assisted by two other men, conveyed him to Oldcastle; we had occasion to pass the spot where the dead man was lying, and I asked him to go over and look at his handywork ; he refused to do so, he did not stop or look at the body as he passed.
Cross-examined by Mr P. M. Murphy - I am a cousin of the deceased.
William Henry - examined by Mr Clarke -I knew the deceased; he came to my house at Millbrook about 10 o'clock the morning he was killed; he remained in the house about half an hour, he asked me for a loan of a pistol; I gave him a blunderbuss which was hanging in my office; it was not then loaded; it is about three miles from where I live to Maher's house in Tubbert.
Cross-examined by Mr Plunkett: The old man has been in the habit of selling me corn, and so far as I have had dealings with him I've found him punctual and honest.
Patrick Farrelly examined by Mr Arabh - I recollect the day that M'Enroe was killed; I was on the road at the time; I saw the deceased coming from towards Millbrook; he then turned off in the direction of Tubbert; I saw a woman on the hill in a grey cloak; but I did not know who she was; from her situation she could see about a quarter of a mile up the road to Tubbert; I know the female prisoner to be a daughter of Maher's; I saw one of his daughters on the road the day M'Enroe was killed; but I am not sure that it was Ellen Maher; I saw the woman on the hill about 1/4 hr before M'Enroe appeared on the road; Maher's daughter had an old grey cloak on her.

Nicholas Brown examined by Mr Martley- I know the prisoner Ellen Maher; I recollect the day M'Enroe was found dead on the road; I saw Ellen Maher that day, about ten or eleven o'clock, between Oldcastle and Tubbert; she appeared to be going towards Tubbert; she was about three quarters of a mile from her own house; I saw M'Enroe shortly after going in the direction; I saw him dead on that day; as far as I can judge the distance from the place where I first saw her and that where he lay dead was about three quarters of a mile; Ellen Maher was going at a quick pace when I saw her.

Anne Briody examined by Mr Cruise - I remember the 15th July last, the day M'Enroe was killed. I left my father's house that day to go to James Heery's shop at Tubbert; the distance was about three quarters of a mile; I think it was about 11 o'clock when I left the house; I know the place where M'Enroe was killed; I had occasion to pass it on my way to Heery's; about twenty perches from the spot I met two men; I afterwards saw them; and knew they were the men I met; I think I would now know them (witness identified William and Patrick Maher as the men she met) it was half a mile from my father's house where I met them; I spoke to them and bade them good morrow; but I don't know whether they made me any reply or not; I proceeded to Heery's shop; and remained there about a quarter of an hour; on my return home I turned to pass Maher's house; and met a man whom I believed to be one of the men I met before; I thought he was the youngest of the two; his sister Ellen was along with him; when they were coming towards me they could not be much more than five or six yards from the place where I met the dead body - they appeared to me to be in a great hurry and rather startled; I turned back to look after them; and they were running as fast as they could; I went on my own journey towards my father's house; on my going to the shop, I observed an old man walking on the spot where I afterwards met the dead body; after I passed Maher and his sister I discovered the body lying on the road with the face towards the ditch, lacerated and bloody; a gun was lying beside it; I went immediately towards my father's house, and at the cross-roads I met a man called Thomas Moore; I called to him but he did not come up to me; he turned back and went into his own house; I also saw two children on the road; I did not immediately return to my own house; I went to a dress-maker who lived near us; nothing particular happened there and I immediately returned home; to the best of my opinion the body could not have been on the road when I first passed.;
Margaret Clarke - I recollect the day M'Enroe was killed, I was cutting cabbage in Thomas Comersky's garden when I saw William Maher pass me.

James Tuit examined - I recollect the day M'Enroe was killed. I know where Tubbert is; a good way up from the lodge I saw three persons, two men and a woman; attacking a man on the roadside; the woman and one of the men held him and the other man was beating him on the head with an iron-bar; I went away and between the next house to me and the place where the murder was committed I met a man. The witness was asked whether he had ever seen any of the prisoners before. To the best of my belief I saw one of them beating the man that day; I saw them before that day; and heard their names were Maher; I made no delay and ran away as fast as I could as I was greatly frightened.
Thomas Porter, a policeman, examined - I saw M'Enroe's body after he was killed; I found this bar within a foot and a half of his head; lying inside the ditch; the blood, brains, and hair of his head were scattered over it; I found a gun under his arm, with the muzzle resting in the ground; I then met Mr Rottery, the magistrate with Patrick and Edward Maher in his custody; he gave them in charge to me; and I sent them to Oldcastle; I searched for William Maher in his father's house, and also for the weapon he was supposed to have with him at the time the murder was committed ; I could not find him and the only thing in the shape of iron which I got was an old hoop.
John Seery examined by Mr Martley K.C. - I know all the prisoners at the bar - I had occasion to call at Maher's house about business on the day M'Enroe was killed; I think this was about 11 o'clock; I saw an iron bar there; but I cannot tell whether it is the same as is now handed to me; I took no particular notice of it at the time.
John Nangle examined by Mr Clarke - I am a hardware dealer in Castlepollard - I know Edward Maher three or four weeks before the murder I sold him a bar of iron, for which he paid seven pence or eight pence. I cannot say that the bar of iron handed up to me is the same as that which Maher bought,
Samuel Willis a police constable, produced a coat and waistcoat belonging to William Maher which he found tossed across an old barrel in Maher's house; there were several marks of blood upon them.
James Heery examined by Mr Martley - I live in Tubbert; next to Maher's house; I recollect the day M'Enroe was killed; Edward Maher came into our house for a few minutes; and just as he was going away we learned for the first time that the body had been found.
Captain Despard stated that he had taken down the several examinations of the prisoners when brought before him; they were put in as evidence but contained nothing of importance.
Mr Henry Jones examined by Mr Martley K.C. I am a chief constable of police, I know Maher's house; and also the Ballinacarty Mills; I stepped the distance between them by the two passages; the shortest took me forty minutes to step; and the longest fify-five.
Elizabeth Fox sworn - I live in the Ballinacarty Mills; I saw William Maher going into the mills shortly after dinner; I don't know what hour of the day it was; he asked for John Smith, the miller.
John Smith was examined and stated it was about 1 o'clock in the day when Maher called.
Dr Robert Peebles examined by Mr Martley - I examined the head of the deceased, I found the right side of the back part of it broken; it must have been inflicted by a heavy instrument; the bar was calculated to inflict such a wound.
FOR THE DEFENCE
Patrick Moore examined by Mr Plunkett- I have been in the custody of the police since Sunday last; I recollect the day of the murder; I was in the neighbourhood of Maher's house that day; I was well acquainted with the Mahers; I met William Maher about 11 o'clock; as I was going to school; he was on his way to the mill through the fields.
Mary Briody examined by Mr Murphy - I remember the day of M'Enroe's death - I was in Maher's house that night I am sure that William Maher was there eating his supper.
Luke Lee examined by Mr Plunkett - I recollect the day the murder was committed; I was at Dermody Mill on that day; I saw William Maher there; he was there before me; I heard of the murder before I went to the mill; Pat Moore was with me and he told Maher that M'Enroe was killed; Maher was sifting meal and had about three or four hundred of it sifted before I went.
Anne Maher, the sister of the prisoner William Maher deposed that her brother had been at supper at her father's house on the night in question and that he had not quitted it.
The Rev. John Burke examined by Mr Plunkett - I am particularly well acquainted with Edward Maher, the father, but am not so intimate with the others; their general character was of  industrious people but they were rather secluded and peculiar in their habits and, indeed I may say rather uncivilised.
The case closed here for the defence.
Judge Burton charged the Jury at considerable length, who, having retired for some time returned with a verdict acquitting Edward Maher, (the father of the prisoners), and finding William Maher, Patrick Maher and Ellen Maher guilty. In answer to the usual question they prayed for the mercy of the court.
Judge Burton sentenced them to be hanged on Saturday (this day).

TRIM - FRIDAY EVENING
It has not been my lot to witness before a scene so revolting and harrowing to the feelings as that which took place last night on the conviction of the Mahers. The atrocity of the crime for which they were so justly found guilty - the inhuman and ferocious means which they took of destroying their unhappy victim, and the clear and satisfactory nature of the evidence by which the charge was brought home to them would, it was to be supposed, have made some impression on them, and awakened some feeling of remorse in their hearts. Instead of the decorum and decency with which even the most hardened of criminals in general receive the announcement of their doom; the conduct of the Mahers was characterised by utter indifference to the awfulness of their situation and indeed may I add, by a ferocity and recklessness that shocked the majority of the persons present. William Maher struck the rail of the dock with his clenched hand, and in the most unmeasured terms denounced vengeance upon the truly humane judge and patient jury who examined the particulars of his case. He said that he would have blood for blood and at some period or other the threat would befall them. He was removed from the dock with much difficulty and uttered frightful imprecations while the police were fastening on his handcuffs. The conduct of his wretched relatives and associates in crime was little better, and the woman appeared to feel the least of any. It was a melancholy sight to witness and one to which I hope there will be found but few parallels. What must have been the feelings of the unhappy father, so nearly implicated in the same doom!  He stood beside his miserable children - himself in the natural course of events almost on the verge of eternity - the alleged instigator of the bloody deed for which they were about to suffer. As Judge Burton appropriately observed,while passing sentence, he will carry a punishment within his breast which is infinitely worse than that which awaited them. The wretched sister of the convicts rent the air with the most piercing screams as soon as the sentence was announced, and their poor old mother, in speechless agony, grasped the hand which, even though stained with murder, was yet that of her child.
EXECUTION OF THE MAHERS AND DEVIN
Five O'Clock - William and Patrick Maher and Michael Devin have just been launched into eternity. An immense crowd assembled in front of the new gaol; where they were executed. I hope that this terrible example will have a salutary effect on those who allow their passions free sway, and suffer them to break forth in acts of savage barbarity and ferocity, which is not only bringing disgrace upon the country, but render such appalling scenes as I have witnessed within the last few days a matter of frequent and necessary occurrence.Many of those crimes have their origins, I am aware, in the heartlessness and cruelty of landlords - who, by the indifference they evince towards the interests and happiness of their tenantry; alienate their affections from them, and by some harsh and arbitrary measure drive them into acts which a comfortable and happy peasantry never could have committed.
I described to you the conduct of the Mahers while receiving sentence. I am happy to tell you that they became quite subdued, and met their fate with apparent resignation. They prayed earnestly on their way to execution, and appeared to derive much comfort and support from the religious assistance which they had received. Their unhappy sister was respited; but until the last moment she was not informed of it. When the fact was announced to her, she received it with the most perfect indifference, and said that she was prepared to die. - The two Mahers were executed first.
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Drogheda Journal - or Meath & Louth Advertiser  - 5 August 1834
Meath Assizes
William Maher, Patrick Maher, Edward Maher and Ellen Maher were indicted for the willful murder or Owen M'Enroe at Tubride on the 15th July. Mr Magrath, Chief Constable - Is quartered at Castlepollard; went on the 26th February in company with the sheriff to Foyran to dispossess the Mahers, M'Enroe and several people named Kearney. They were all present. - Was present at a petty sessions and heard M'Enroe charge Wm, Maher with having said there was no use to burn his house or hough his cattle, the only thing was to put him out of the way.
Cross -examined: There were seven or eight including the Mahers put out of possession; the others expressed themselves disatisfied with their landlord, but used no expression of hostility against M'Enroe.
James Reilly - Attended the Petty Sessions at Castle Pollard  in last Spring; was summoned by the magistrates; did not see Wm. Maher there; all he has say about him is that he would be revenged on any man taking his land, especially those who were always in disturbance with him, and mentioned a nickname "Rotten Crock "; does not know any person who went by that name.
John Neil - knows M'Enroe; was in his sevice since the 21 May last; the Mahers and M'Enroe held land together in the parish of Foyran; after the Mahers were put out of possession witness went to live with M'Enroe, who was put into possession. Tubride is about a mile and a half from Tullyowen. Recollects the day his master was murdered; he left the house that morning and told the witness to strip the thatch off the house where the Mahers had lived; Bridget Maher passed and saw him at that were about 8 or 9 o'clock. Ellen Maher passed by one day before that and the dogs made a charge at her; M'Enroe went out to quiet them;when she took up a stone and lamed him; and then took up another and said if he would not begone she would have his life. Witness never saw his master alive after he left him that morning; saw him lying dead on the roadside about 12 o'clock, something better than 12 perches from the house where the Mahers lived at Tubride. Was put that night by a magistrate to watch Maher's house till William, the oldest son, came in; left James Murphy to watch at 11 o'clock while he went to search another place; about 5 or 6 o'clock next morning saw William Maher in his father's house; he had all his clothes except his hat and body coat; there seemed to be fresh dirt on his shoes; took him to Oldcastle and passed the place where the dead body lay. Asked Maher to lay his hand upon his handiwork and he said he would not; he did not stop at all or look at the body.
Cross-examined - He was in the custody of the witness and seven other persons at the time; it is said he is cousin to the deceased.
William Henry - lives at Millbrook. On the 15th of this month Owen M'Enroe came to witness's house about 10 o'clock on business and remained half an hour. He asked for the loan of a pistol; lent him a carbine; it was nto loaded. The Mahers lived about three miles from the witness.
Cross-examined - Maher had been in the habit of selling him corn; and always considered him an honest man. but does not know his general character.
Nicolas Brown - knows the young man at the bar; remembers the 15th of July when M'Enroe was found dead on the road; she passed by on that day before M'Enroe about ten or eleven o'clock between Oldcastle and Tubride, seemingly going towards the later place; she was then about three fourths of a mile from her own house; saw Ellen Maher a few minutes after he saw M'Enroe; she was going at a quick pace; saw the dead body late in the evening; it was lying about three fourths of a mile from where he saw him walking.
Ann Briady - Remembers the day M'Enroe was killed. Left her father's house on that morning about 11 o'clock to go to the shop of James Heary in Tubride for thread and tape. Heery's shop is about three quarters of a mile from her father's house; passed the spot where M'Enroe's body was found; saw the two young Mahers about 20 perches from the spot; it was about half a mile from her father's house; could not have been more than half a quarter of an hour going from the place she met the Mahers to Heery's house, where she remained about a quarter of an hour. On her return she met one of the young Mahers with his sister Ellen about 5 or 6 yards from where she saw the dead body; they seemed in a great hurry or fret; did not speak to them; the boy made an attempt to halt but did not; witness looked after them and saw them running; not as fast as they could but pretty lively; saw the dead body immediately after the Mahers passed her; it was lying with the face on the ditch; the head was all bloody and seemed broken and a gun was lying hard by; went off as fast as she could; thinks the body could not have been lying there when she passed in the morning without her seeing it. On going to the shop she saw an old man walking on the spot where she afterwards saw the dead body; he was going towards Maher's house; saw two children in a potato field; after she saw the body she did not see anybody except the two children, and a man named Thomas Moore, who was coming towards her; he went into his own house; witness did not go directly home but went to a dressmaker's.
Cross-examined - stayed at the dressmaker's about a quarter of an hour but gave no alarm; knows where Gaffney's house is - it is about 7 or 8 perches from where she saw the dead body. There was an inquest the next day but she did not go near it lest she be brought before the Gentlemen. Told her brother when she went home and he advised her to say nothnig about it; told her mother the next day; and her father the day the police came for her, and he desired her to tell the truth.
Margaret Clarke - saw Billy Maher the day the man was killed; he was going towards his father's house; he used sometimes to speak to her, but did not on that day.
James Tuite -Remembers the day M'Enroe was killed; did not know him before; witness was passing the road that morning; a good way up from the bridge he saw three persons, two men and a woman; one man and the woman were holding another man whilst a third beat him with an iron bar; he seemed to by lying across a stone wall, and thinks they were striking him on the head; witnessed turned down to the next house immediately and met a middle-aged man whom he never saw before or since. Had seen the Mahers before and knew them by name. Can't say positively if he saw any of them on that day. Met a man on the road and told him he believed there was a man murdered.
John Secrey - Had occasion to call at Maher's about 10 or 11 o'clock the day M'Enroe was killed; saw a bar in the house, and saw a bit of the bar in William Maher's hand.
John Nangle proved that Edward Maher, the father, had purchased a bar of iron from his shop in Castle Pollard about 3 weeks before, for which he paid 7d or 8d.
Porter, police constable, found a bar and a gun near the body of the deceased; the bar was lying inside a stone ditch, about 2 feet from his head and was smeared in blood.
Samuel Mills found a coat and waistcoat in Maher's house concealed in a corner;there were spots of blood on them.
Dr Peebles stated that deceased's head was broken into several pieces; the wounds must have been inflicted with a heavy edged weapon,such as the bar at the table; the integuments of the head were divided.
Several other witnesses proved various other corraborating circumstances, and that William, Patrick and Ellen Maher were seen near the spot where the murder was committed. Rev. John Bourke P.P. of Castle Polllard considered old Maher an industrious man, but could not say his conduct was very peaceable. The family had the character of being industrious.
Judge Barton charged the Jury at great length and concluded at a quarter past seven o'clock. The Jury retired and in a short time returned into court with a verdict of guilty against Wm. Maher, Patrick Maher and Ellen Maher and of not guilty with respect to Edward Maher, the father.
His Lordship then proceeded to pass sentence. He said you William Maher, and Patrick Maher and Ellen Maher have been convicted of a murder of the most horrible character - perpetrated under singular circumstances.I may be inaccurate in using the word singular, for the situation in which the county has been placed by confederacies organised for the purpose of wreaking vengeance for real or imagined wrongs by violating the laws of God and man, thus taking into their own hands a power which never could belong to them, render the circumstances but too frequent. May God grant that the dreadful example of this kind have the effect of inducing those who encourage the worst and most violent of the passions, to stop in their career. The scene before me is singular to a degree of horror- shocking to see, to hear, or to read of- a father and three of his children all charged in the same indictment! He accused of inciting them to the dreadful crime of which they have justly been convicted. That father has been properly acquitted, because the jury had not sufficient evidence before them to found a different verdict on. God only knows what he will have to answer for. But whether his conduct be innocent or guilty, can there be a sight more appalling than to see a father standing thus beside three of his children about to receive a sentence of death particularly as that father may expect in the ordinary course of nature to appear at a higher tribunal than this. It is also a singular feature in this dreadful case to see so young a female against whom a verdict has been found, and justly and inevitably found, for having aided and abetted in this foul murder. If it had been possible to redeem her, she should have been saved. It was only because it was impossible to acquit her that she was found guilty. But what more harrowing than to see that young lad Patrick brought to such a fate by witnessing the frequent expression of those violent passions which caused the death of M'Enroe. We see that young girl abandoning all tenderness of her sex, to mix in such a brutal scene of of bloodshed. God knows how ardently I wish that anything could prevent the appalling spectacle that must take place, but that is impossible. The jury did all they could to sift every particular fact relevant to the case and the result is the fact they have returned a verdict of guilty against three of you. For you wretched children, there is no hope for any one of you, in the world in which you now are. I tell you, and I tell you truly, that there is no hope for you. God Almighty grant that the that the example that we are about to give may have a salutary effect on all the people of your class. The sentence of this court is, that each and every one of you be taken from the place you came from, and from thence to the place of execution on Saturday, there to hang by the neck until you are dead, and may the Lord have mercy on your soul.
As soon as the sentence was pronounced, William, the elder brother burst into a wild paroxysm of rage and exclaimed aloud, at the same time struck the top of the dock with violence, "Stop, judge and jury, stop, I am to die on Saturday, and let neither priest nor minister ever come near me - let no live man ever be believed. I'll have vengeance dead or alive against every one who swore against me - judge, jury and all." The maddened wretch was forced down into the dock and made a dreadful struggle before he permitted himself to be handcuffed. - The younger brother exclaimed that only for his father he would not be there - the sister wept,  but seemed less conscious of the situation in which she stood than the others, whilst an elder sister made the hall re-echo with her wailings. Altogether the scene was one of more horror than has been witnessed in Trim for a long space of time.
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Execution of the Mahers and Devine
Patrick and William Maher, for the murder at Tubride, and Michael Devine for that at Rathkenny, were this day executed persuant to their sentence. One of the Mahers requested that they might be let down easily; with this exception nothing was said by any of the criminals. Ellen Maher has been respited till next Tuesday week.

On Sunday Judge Burton attended divine service in the church of Trim where a sermon appropriate to the occurrences of the past week was preached by the Rev Richard Butler, the Vicar, from Revelations 20th chapter 12th verse "And the dead were judged out of those things which were written in the books according to their works."His Lordship afterwards received the holy sacrament.

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Essex Standard 08 August 1834
Beauties of Ireland
At the Meath Assizes on the 1st August, the greater part of the day was occupied with the trial of a family named Maher, for the murder of a man called M'Enroe. This case, like many others, was connected with disputes about the possession of land. William. Patrick and Ellen Maher were indicted as the perperrators of the murder, and their father, Edward Maher, as an accessory before the fact. The case was clearly established against the children. The daughter, with one of the sons, held the wretched man, whilst the other beat his brains out with an iron bar purchased from a pedlar for that purpose. This is one of the most savage and revolting murders to be found in the annals of crime. The two brothers and the sister were found guilty; but their father, against whom no direct evidence appeared, was acquitted. One of the witnesses for the defence, the Reverend J. Burke P.P. stated this family were secluded and peculiar in their habits, and "rather uncivilised." After sentence of death was pronounced by Judge Burton, the dock presented one of the most revolting scenes ever witnessed. The elder brother. Wm. Maher, with the most savage ferocity, struck the bar in front with his clenched hand, and. in an incoherent strain, uttered sentiments which produced a universal shudder throughout the Court. He denounced vengeance against the humane Judge and the Jury by whom he had been tried. He should, he said, have blood for blood, and at some time or other. would the threat befall them. "I am," said he, "to be hanged on Saturday; but I will not let priest or minister near me - I will have vengeance, dead or alive!"and he then exclaimed. "oh that I had a razor. that I could cut the throats of the entire of you and my own!" With difficulty he was removed from the dock. uttering frightful imprecations whilst the police were placing him in irons. The second brother, Patrick, wept bitterly, and exclaimed. "Only for my father, I never would have murdered M'Enroe." His sister, who herself had uttered piercing screams when the sentence was pronounced, turned towards her brother, and said, "You fool, don't give them the satisfaction of seeing you cry." Altogether the scene was of the most appalling kind. Old Maher, the acknowledged instigator of the dreaded crime, stood beside his miserable children, with the consciousness that they had been the instruments of his villany, and that he had counselled them to the commission of the horrible deed for which they were to suffer a death of ignominy. The wretched mother made her way through the throng and clasped the hand of her unfortunate daugher, as the police were conducting her to the condemned cell in the prison. .....
A letter from Dublin, dated the 3rd inst. says: - The Mahers, whose shocking conduct excited disgust in the Court when sentence was passing upon them, were completely subdued at the place of execution, and exhibited the strongest marks of penitence for the crime of which they had been guilty. Their sister, who was sentenced to be hung along with them, has been reprieved. She received the intelligence of the mercy extended to her with apparent indifference."
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Essex Standard 15 August 1834
Beauties of Ireland

Were it possible to associate anything ludicrous with the awful scenes of the scaffold, it would be found in the instance of a fellow who, confined in the prison of Trim for some slight offence, and anticipating a more than ordinary sacrifice of human life, as the result of the Assizes, volunteered the office of Jack Ketch, in order to turn a profitable account for the day. The following are the terms in which he tendered his services, in an epistle addressed by him to the keeper of the prison. It is copied verbatim et literatum from the original:-
"Sir - Finding you hev a full kallendir, if you hev any thin to do in my line I make bowld to offer my services, the same having proved agreeable on former ocashins in other jails, and gave unaversal satisfaction to them I had to dale with."
His offer was accepted more from necessity than choice, but he is said to have acquitted himself in a manner which even the Newgate functionary might envy, and he turned out to be an old and most experienced adept in the art of legally strangulating his fellow creatures, dating his practice from the year 1798. Not less than four criminals came under his hands on Saturday last, and patting each of them on the back as they stepped upon the fatal drop he encouraged them to the very last saying, "Don't be afraid at all at all, you are now thredding on forun ground." He had his rope ready for a fifth victim, Ellen Maher, the unhappy woman whom I mentioned in a former letter as having been one of the persons found guilty of the murder of a man named M'Enroe, but her life was spared, apparently to the great disappointment of the mercenary executioner - via The Dublin Evening Post
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Cork Constitution 16 August 1834

The Trim Executioner

In the account which our reporter gave of the execution pf Bayly, on Thursday last, he stated that the hangman employed for the occasion acquitted himself of the "ugly task" with considerable skill. The following additional circumstances, illustrative of the character of this "finisher of the law," may possess some interest. It is a rare thing fo a hangman to be so enamoured of his profession, as to adopt the noose for his escutcheon, without any constraint to become a member of so dishonourable a craft. It is, however an indisputable fact, that the present executioner at Trim is not under sentence for any felony. A few days before the commencement of the assizes, this worthy, ascertaining that the calendar would be a heavy one, and most likely prejudicial to the necks of some of the lieges, sent a very polite note (worded after a rather original fashion) to the Governor of Trim gaol, of which the following is an extract: - "Finding, Sir you hev a full Kallenir, if you hev anything to do in my line, I make bowld to offer my sarvises, the same having proved agreeable on many former occasions in other jales, and gave universal satisfaction to thim I had to deal with." This extraordinary application induced the gentleman to whom it was made to send for him, and he was at once satisfied that he possessed the "necessary ability". In the numerous executions of which he was the voluntary instrument, he exhibited much of that dexterity and gentlemanly deportment towards the subjects on which he was to operate, for which Tom Galvin has gained such notorious immortality. His method, too, of imparting courage to the unfortunates, while, with the rope round their necks, and the white cap enveloping their faces, they crept out to the centre of the iron gate, which was to fall in an instant, was another curious trait of his character. He absolutely patted them on the shoulder and said to them: - "Don't be afraid, you're treading on firm ground." This he was observed to do in every case - his object was to assure them that they might not be afraid of walking forward, until he told them to stop, and drew the bolt, having got them into a favourable position. Saturday was a golden day for him; four persons were sentenced to be executed on that day, and he was busied in preparing the rope for the female convict, Ellen Maher, when it was announced to him that she had been reprieved. This was of course a reduction in the amount of his fees, of one guinea. He seemed (we will not say we are certain) to relinquish the rope with some hesitation, and by no means well pleased at this defalcation in his perquisites. To conclude our already too lengthy notice of the accomplished strangular, his face presents none of that repulsive expression which is usually attributed to those of this craft, and which we believe is usually found amongst them. He has, in fact, a good face, and is, when dressed and shaved a very passably decent looking sort of person - Despatch. 
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Clonmel Herald 6 August 1834

Execution of Three Men Convicted of Murder

At half past eleven o'clock the three Mahers, and Devin (the former convicted of the murder of M'Enroe, and the latter of aiding and abetting in the murder of Bunn and Cudden) were conveyed in a cart from the new to the old gaol. The men, with the exception of the younger Maher, evinced a few signs of outward remorse; the unfortunate woman, Ellen Maher, appeared to be exceedingly contrite, and was engaged in reading prayers from a book which she held in her hand during the entire way. At four o'clock the execution took place; it was then made known thata respite was granted to Ellen Maher until Tuesday next, she received the intelligence with great composure, stating that she had become quite resigned to death. The two Mahers were hanged first; the younger of the two evinced great firmness; the elder brother, whose deportment had been so outrageous at the time of receiving his sentence, was much more timorous; after the rope was placed on his neck, he frequently repeated the most earnest solicitations to the executioner to "let me down easy." They both fell precisely at the same period and their suffering terminated in an instant after the fall. Their bodies, after hanging the usual time, were given to their friends. In a few minutes after, Devine appeared at the drop and repeated a number of times, in the most earnest tone of supplication, these expressions, "Oh! Good people pray for me." - "pray for my wretched soul" - "Oh, beware of bad company" - Oh! God - beware of bad company; that was what brought me to this end!"
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Belfast Commercial Chronicle 25 August 1834
Murder of M'Enroe - Ellen Maher who was convicted at the Meath assizes of the murder of Owen M'Enroe and was respited has had her sentence commuted to transportation for life.

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The Goulburn Herald and County of Argyle Advertiser 29 March 1856 p 6

STEALING MONEY.

John Trappe, a stout labouring man, was indicted for having, in company with another man, on the 6th of December, at Gogalong,violently and feloniously stolen money, to the amount of £300, of the goods and chattels of Hugh Tunny. The Attorney-General conducted the prosecution. The prisoner pleaded not guilty, and was undefended.The Attorney-General gave a brief outline of the case, which was one of peculiar atrocity,and called Hugh Tunny, a very aged man, who deposed that he lived at the Tumut; on the day named in the indictment, he was travelling home from Yass; the prisoner was travelling with him; the prisoner was his bullock driver; two of his (witness') daughters were travelling with him ; he went four miles out of Yass with witness, and left on the Tuesday; he came back on the subsequent Thursday, with a man named Maher; he came with Maher shortly before day-break on Thursday; the prisoner and his comrade seized witness by the hair of the head;they said that they wanted money; prisoner had a thick stick, with which he beat witness; his daughters were lying in the dray, and the
robbers dragged them out, beat and kicked them ; they said that they would kill the girls unless they gave up the money ; one of witness' daughters had £304 of his money in a pocketbook in her bosom; the prisoner and his comrade knew it; they tied his daughters together, with their hands behind their backs; they compelled his youngest daughiter, Mary Ann Tunny to give up the money; they kicked and beat
witness, and broke two of his ribs and one ofhis fingers; the prisoner struck Mary Ann Tunny on the head with a stick so severely that she lost about a quart of blood; witness had known the prisoner during a period of eighteen years. At this period of the proceedings, the information was amended, as it appeared that the money, the property of Hugh Tunny had been stolen from the person of Mary Ann Tunny. Mary Ann Tunny  was then sworn, and fully corroborated the evidence of her father, with respect to the violence and robbery committed by the prisoner and his ccomplice. Catherine Tunny gave similar evidence. The prisoner, who is apparently a very ignorant man, and of rather obtuse intellect, did not cross-examine the witnesses, and spoke only a few words in defence, in denial of the charge. He called for two witnesses, neither of whom appeared. The jury, without retiring, returned a verdict of guilty. The learned Judge commented shortly upon the brutal ferocity which had been exhibited by
the prisoner, and sentenced him to be kept to hard labour on the roads or otlher public works of the colony for the term of seven years.The court then adjourned until the following day. 
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his text

The Goulburn Herald and County of Argyle Advertiser - Sat 02 October 1858 page 3 advertisement

If this should meet the eye of Thomas Maher, of Eaton, County Westmeath, Ireland, who arrived in Sydney about two years ago, he is requested to communicate with his sister, Ellen Tunny who resides at Tumut, as early as possible. 

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The Gundagai Times and Tumut, Adelong, and Murrumbidgee Advertiser - Saturday 29 February 1868

TUMUT 
Tuesday, February 24. — Before the Police Magistrate.
Ellen Tunny was brought before the Court by Sergeant Tant charged with violent and disorderly conduct, in the streets on the previous night. Sergeant Tant stated that & the prisoner had been conducting herself in a most violent manner occasionally for the last fortnight, but that last night he found her in the street nearly naked threatening to burn down the town. She was armed with an axe at the time and threatened to chop anyone down who came near her. He had no doubt she was iusane and unless restrained would do herself or others some serious injury. The poor woman, who talked in the most excited and incoherent manner in the dock, was ordered to find sureties to be of good behaviour and in default to be imprisoned in Goulburn gaol, with a view to her being sent to a lunatic asylum. Mrs.Tunny, who is a widow living by herself, is subject to fits of insanity, and has been dealt with in a similar way four or five times.

p2 .On Wednesday Ellen Tunny was forwarded from Tumut to Gundagai, en route for Goulburn gaol, to which place she had been committed for three months. The poor woman is subject to periodical fits of insanity, and

under existing conditions we presume no better way of dealing with her case can be found. 

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The Gundagai Times and Tumut, Adelong, and Murrumbidgee Advertiser - Friday 2nd February 1877

Mrs. Ellen Tunny was, on Saturday last,brought before our local Bench, charged with assaulting Mrs. E.B. Anderson. The unfortunate defendant is again labouring under an attack of dementia. She has several times gone from Tumut to Tarban Creek. Her neighbors for some time past have been aware that she was becoming strange, by her conduct ; at length it culminated in her frightening several residents by her violence and in fiercely assaulting Mrs. Anderson. In the lock-up the poor woman amused herself by shouting and singing, and smashing up every article within her reach,breaking a door and tearing up the floor of the room where she was confined. The magistrates, after hearing the evidence, ordered her to find two sureties in £10 each, and herself in £20, to keep the peace for 12 months, or in default 3 months to Goulburn goal with a view to medical treatment. No sureties being forthcoming, on Sunday morning Mrs.Tunny left for Goulburn. 
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Ellen Tunney (nee Maher)  died in 1886 in Tarban Creek Asylum in Gladesville, New South Wales. 

Friday, May 6, 2016

The Interesting Life and Death of Mary Hoadley

Mary Hoadley is an interesting character in the story of my family tree. She became the benefactor of my Great-great-great Grandmother - Elizabeth Clark who married Joseph Creighton in 1832.
Mary Hoadley came to Australia as Mary Stafford, a convict onboard the "Speke" in 1808.
Mary had been a servant to a surgeon called Richard Lane who lived at 24 North Audley Street. She was indicted for feloniously stealing on the 28th of February, two silver tea spoons, value 4 s. part of a pair of scissars, value 6 d. three shirts, value 5 s. three neck handkerchiefs, value 3 s. two pair of stockings, value 6 d. a tablecloth, value 5 s. and one shilling. She was aged 39 at the time. She was tried at the Old Bailey in Middlesex for grand larceny and received a 7 year sentence for transportation to Australia on 8th April, 1807. She arrived in Sydney in March 1808.
In 1813 she married Thomas Hoadley at St Phillips Anglican Church in Sydney. He had come to Australia in 1810 as a convict on board the Indian, having been given a Life sentence in Wiltshire. Two years later, Thomas was dead - buried 24 March 1815 in the Old Sydney burial ground. Mary did not remarry and remained single as a widow until her death. In later years, Mary's wealth was attributed to her inheritance from her husband - but this is very unlikely. Thomas seemed not to have much progress in his 5 years in Sydney. There is no record of him receiving a Ticket of Leave nor of his assignment to anyone his footprint in the records is very small indeed. Mary appeared to be based in the heart of Sydney for most of her life - although she kept horses in the Windsor area at at least two different farms. An advertisement was placed in The Australian on 30 March 1826 by a James White of George Street outlining a dispute over the ownership of some horses. It reads, 

NOTICE

 I HEREBY CAUTION ALL PERSONS FROM purchasing of Mrs. Mary Hoadley, without my  sanction, any of the Horses or Mares claimed as her property exclusively, the above belonging to me and the said Mary Hoadley jointly. The .Horses and Mares are those mentioned in the following Advertisement, very improperly published at the instance of the said Mary Hoadley. March. 24, 1826. . James White.   


WHEREAS JAMES WHITE, of George-street, Sydney, has threatened to make sale of my several Horses and Mares, without any authority whatever from me, the same being about fourteen in number, and, branded with the letter H, some of which are now running on the farm of Archibald Bell, Esq. at Richmond ; and the other part on the farm at Wilberforce, known by the name of Robinson's Farm ; — now, I do hereby caution all persons from purchasing any such Horses or Mares,' they being my sole and absolute property, and   that he the said James White has no right or interest to them, or any or either of them. Mary Hoadley.   Sydney, March 16, 1826.

Archibald Bell was an influential contact for Mary to have. The Australian Dictionary of Biography  states that he was the Chief Police Magistrate in the Windsor area and was also on the Committee for the Native Institution from 1819. 

Archibald Bell
Mary Hoadley clearly had some connections with the Windsor area - in May 1823 she petitioned the Orphan School to admit Elizabeth Clark, the orphan of Andrew Clark who had died in 1821. The reason for the delay was presumably because children were not admitted at that time until they were at least 6 years old. The reason for Mary's substantial interest in Elizabeth is unknown at this time (they were not related). 

Not withstanding Mary's mention of a sister - there is no existing record for another Clark(e) girl at the Parramatta Orphan School in the same period of time. 

26 November 1827 - Mary Hoadley applies for Elizabeth to be apprenticed to her. Her letter to the Board is quite telling of the level of interest Mary had in Elizabeth. She writes:

" Honorable Gentlemen, There being a young girl of the name of Elizabeth Clark in the Female Orphan School - Parramatta, I in the year 1822 out of charity obtained permission for her to educated in that Benevolent Institution - her sister also - I pay 10 pounds a year to the School of Industry for her bringing up added to this I have further extended my benevolence to these two sister orphans with each four head of horned cattle for an improvement of their circumstances when they arrive to Maturity. I should now wish to take the above girl from the Orphan School under my care and protection as I am enabled to do so being Independent in circumstances - by the Honorable Corporation's permission. I remain your honorable serv. Dutifully, Mary Hoadley Proprietor and Resident King Street, Sydney. "

Elizabeth would seem to have remained with Mary Hoadley until she married Joseph Creighton in 1832 at St Mary's Cathedral in Sydney. Mary Hoadley (spelled 'Oadley' in the registery) was a witness at the ceremony. Mary's benevolent interest in young women of reduced circumstances appeared to continue once Elizabeth was married. In 1845, Mary had a young girl called Rosina Wilson living with her. We know this because Mary was the victim of a sensational murder and Rosina was a principal witness to the night's gruesome events. There were numerous reports in the papers about the murder, the inquest and the trial of the accused murderer. 

The Sydney Morning Herald, dated Wednesday, 21 May 1845 reported the following story: 

INQUEST ON MARY HOADLEY.A Coroner's inquest took place yesterday, at noon, in the Royal Hotel, George-street, for the purpose of inquiring into the cause of the death of Mrs. Mary Hoadley, of King-street West, when the following Jury was impannelled:-Captain Daniel Nesbitt Monro, fore-man ; Messrs. John Meredith, Henry Keck,junior, Henry Thomas, Henry Tebbutt, Samuel P. Hill, Patrick Irwin, John Sands, Peter McKew, Louis Moore, Thomas Carrighan, Samuel Phillips, John F. Clement, William Smart, John Morris, and John Carney. 

After the Jury had been sworn in, the Coroner briefly addressed them on the subjects which were to be brought before them, and which required their most serious attention, especially as they involved matter affecting the lives of some persons then in custody, and who would be brought forward to hear the evidence which was to be adduced. If he had been rightly informed, the attention of the Jury was also particularly necessary on another account, which was, that the whole of the evidence was of that description called circumstantial, and therefore their verdict would have to be formed on the conclusions which they arrived at, from comparing and weighing the whole of the facts and points which the witnesses would place before them. Various reports had been in circulation respecting the manner in which Mrs Hoadley had come by her death, as well as the cause of her being destroyed ; and there was too good reason to believe that it had been by violence, with which one of the parties present was charged as a principal, and the other as accessory before the fact; but whatever these reports had been, the Jury, in forming their verdict, were to be guided entirely by the evidence about to be laid before them.The Jury then proceeded to view the body, and the premises where it lay. The room where the body of the murdered woman lay was a small apartment, to which the only access from the street is through the cottage in King-street, situate between the premises occupied by Mr. Heydon on the one side, and Mr. Pattison on the other, the south side, or yard behind the cottage, being secured by a high brick wall. There is a side door from the same apartment, entering into the front cottage, but this internal door was generally kept closed by a bolt in Mrs. Hoadley's room ; in the small yard behind the cottage there is a water-cask standing at the north-east corner, and from which any person could easily get on to the roof of the cottage, and drop into the street close to the western window of Mr. Heydon's sale room ; the track pointed out is that by which the murderer is supposed to have entered and effected his escape. While the Jury were viewing the premises, John Skinner, the accused principal, was taken into the room where the murdered woman lay, and shown the body ; he seemed to endeavour to give a vacant stare at it, and on being told to touch it, laid his hand on that of his victim, while doing so his lips quivered several times, and a faint whisper of " Oh God, oh God," escaped from them. The Jury then returned to the inquest room, when John Skinner and his mother, Ann Cadman, were placed at the bar, and informed that the Jury were about to enquire into the death of Mary Hoadley, of which one of them, John Skinner, was charged as a principal cause ; and the other, Ann Cadman, was charged as being an accessory before the fact. They were told that they would hear the evidence, and if they thought proper, might cross-examine the witnesses. The following evidence was then adduced :

Rosina Wilson deposed: I lived with Mrs. Mary Hoadley ; I was adopted by her ; she lived in King-street ; I knew Ann Cadman for a short time ; I also knew John Skinner for a short time ; Ann Cadman at one time lived in a room at Mrs. Hoadley's ; John Skinner was there for about a week or a fortnight ; they left this day week, on account of William and Ann Cadman's drunkenness ; the female prisoner used to make the bed, clean out the room, wash, and do all the servant's work for the deceased ; John Skinner had no opportunity of knowing anything about the room where the deceased slept ; he had only an opportunity of knowing the yard and outside room ; I recollect a pane of glass being put into the bedroom window last Sunday fortnight by William Cadman ; John Skinner was out that day, but came home just as the glass was put into the window. Mrs. Cadman had an opportunity of knowing where Mrs. Hoadley kept her money, and has seen her take money out of it ; she usually kept her money under her head in bed ; I used to call Mrs. Hoadley mother ; I never heard Mrs. Cadman say anything about, my mother having money ; the money was | sometimes taken out from below the pillow by myself, sometimes by my mother, I and sometimes by the female prisoner, who gave it to my mother. "I had a little black dog ; Mrs. Cadman used to feed it ; last Tuesday, when I came home from school, I heard Mrs. Cadman saying she wanted neither cats nor dogs ; on Wednesday I missed the dog ; on last Saturday, when Mrs. Cadman came in to see Mrs. Hoadley, I taxed her with having the dog, and she promised to bring it back that night or Monday morning, but she did not bring it. The last time I saw John Skinner at the house, was on Tuesday week ;he was chopping wood; he saw William Cad- man puttying the outside of the pane of glass ;Mrs. Cadman went for the pane of glass, and the putty to put it in. I did not see any of the prisoners at the house last Sunday. The deceased and witness was at home all last Sunday ; the deceased was in her usual health, but complained of her leg; deceased went to bed that night about half past nine o'clock, and I went after her; I was  awakened in the night by a gurgling in the throat of the deceased ; there was a little  floating-light in the bedroom which the deceased always kept there; when I awoke I immediately touched the deceased, and said " what ails you mother?" and at that moment I saw a man come from behind the little door leading from the parlour into the bedroom where the hammer was found, and jump out of the bed-room window ; he had on white trousers; his head and arms were out of the window before I saw him ; nothing struck me at that moment who that man was ; I fastened the window on Sunday night myself; I immediately jumped out of bed and opened the door, and awakened Mr. Cassidy ; I did not return, but went to call Mr. Pattison, while Mr. Cassidy called his wife, and went to call Mr. Heydon. I saw the blood before I left, and when I went to Mr. Pattison's, I called out murder, murder ; I saw a watchman and told him to go into the yard and see if the man was there, as my mother was murdered. He was rather timid, and waited till Mr. Pattison came. I then went back to the bedroom, and saw my mother's head bleeding. I know the hammer now produced ; it belonged to deceased, and used to lie in the coal-hole so that any one in the yard could get it ; I see blood on it [The hammer with which the murder was perpetrated is a polished tinsmith's hammer, and a truly formidable weapon. The head is about four inches in length, having two flat circular ends, of at least one inch and a half in diameter ; the ends are both polished, and the handle appeared to be about ten inches in length.] I know the handkerchief now produced ; it belonged to the female prisoner ; she had a headache one day, and I saw it bound about her head ; I saw it also about her neck. It had not these holes in it then. I saw it found in the yard yesterday morning, near the water butt. It was not there on the Sunday, or I should have seen it, as I did all the work, as we had no servant ; when I saw the handkerchief and the hammer, they led me to suspect the prisoners ; I used the hammer myself about seven o'clock on Sunday evening, and left it either in the coal-hole or on the ledge; I am sure it was not left by me in the house ; I said to some of the persons present that Mrs. Cadman or her son had committed the murder, as the legs and size of the body of the man I saw agreed with his ; I think it was about four o'clock yesterday morning when the murder took place ; it was about four o'clock, as when I went to give the alarm the watchman was done calling four o'clock ; I saw Mrs. Heydon pick up the hammer ; I heard Dr. Nathan saying there was blood on the hammer, and I saw it ; Mrs. Hoadley died about half,past seven on Monday morning. Mrs. Cadman and her son were frequently together in the yard; Ann Cadman told me that the other prisoner was a son of hers ; there was a quarrel between William Cadman and his wife, and the son refused to give her any more drink, and kept William Cadman from striking her ; my mother also interfered, and told them she did not want to have any quarrelling there. The trousers worn by the man I saw leaving the window were of the same appearance as those now worn by the prisoner. [Those on the prisoner were common white duck trousers, somewhat soiled.]

The male prisoner stated, that on the day when the pane of glass was being put in, he only found out his mother, he having just arrived from the country.


The female prisoner merely asked if ever witness had known that she stole money from deceased, and was answered in the negative. The female prisoner then denied knowing where deceased kept her money; but immediately after, stated, that when she found it on making the bed, she always gave it up.

Michael Cassidy, wine storekeeper, living in the front cottage of the deceased, had been alarmed early last Monday morning, by the preceding witness ; the first thing he heard her say was, " my mother is dying or dead," he saw deceased, and then he went and looked if the front door was open or closed, and found it closed, it was the only way from the street to Mrs. Hoadley's ; he then opened it and gave an alarm, and went for Dr. M'Crae; when he asked the preceding witness who had done it, she said she never saw any person more like Ann's son, than the man she saw going out of the window. This was before he went for Dr. M'Crae ; after the murder, witness saw a pane of glass which had been cutout of the window.

J. K. Heydon, Auctioneer, King-street, was called out of bed on Monday morning by a violent knocking at the door by the last witness, who said Mrs. Hoadley was dying and a light was wanted, on giving the light he was told that she had been murdered, and on going in he saw Mrs. Pattison supporting her in bed ;the assistance of Mr. Harpur, surgeon, was obtained, and other medical aid was sent for ; he saw the hammer found, and the blood on it appeared then much the same as at present ; the putty on the hammer is a part of that which the pane was cut out of, and the pane selected was the most distant from the catch of the window, and would not have been selected by a stranger ; a will made by the deceased had been found on Monday ; it had since then been lodged with Mr. Norton, one of the executors named in it ; witness identified the body viewed by the jury as that of Mrs Hoadley; witness was present when a constable found the handkerchief produced ; it was found in the yard of deceased, and was then tied as if it had been rolled round the head of some one. [The handkerchief was here tried on the male prisoner's head, so as to allow the holes in it to be opposite his eyes, when it was evident that they were so made in it that thehandkerchief might, and probably was, used as a mask by the murderer ]

Sergeant Thomas Burrowes, of the Sydney Police, went to the house of the deceased on Monday morning, saw what had been done, and from information received went to Paddington, where he found William and Ann Cadman at breakfast, and Skinner up stairs in bed ; witness took the three into custody. After the men had been sent on to the Police Office, the woman was asked, when did Skinner come home ? and she said he must have returned about one ; that he had gone out about five o'clock on Sunday evening.Burrowes here added that Skinner himself said he had been at home since between ten and eleven o'clock on Sunday evening, and had been there, up till the time he was taken into custody, there was a pair of white moleskin trousers hanging at the fire very wet and very much dirtied around the bottom part of thelegs, [which were here produced ;) on arriving at the watch-house, the prisoner's boots were also examined, and found to be very wet and muddy ; there was something like blood near the bottom of the right-hand pocket there was also blood on the right-hand, round the nail of the fore-finger, also across the inside of the fingers of the same hand, from the second joint of the fore-finger; on being asked to state how the blood came to be on his hand, he stated that, he had been picking his nose and it had bled. [A glove which had been placed on the prisoner's hand to prevent him from rubbing off the blood, was now taken off by the constables, and the hand examined by Burrowes,] who afterwards deposed that the marks of blood were nearly all gone, except a little on the fore-finger. The femaleprisoner owned the black handkerchief with the holes in it as her property, when it was first shown to her; the handkerchief had been taken out to Paddington and shown as if found in the prisoner's bed ; she described it before it was opened up, and said it had holes in the middle of it, which had been eaten by the rats in Mrs Hoadley's house, when Skinner was apprehended, he never asked for what he was taken, but William and  Ann Cadman repeatedly wanted to know if there was anything wrong.The female prisoner here stated, that she and her husband were in bed by seven o'clock on Sunday evening.Mr. Charles Nathan, surgeon, deposed : That he was called about five o'clock on Monday morning to see deceased, and found her lying on her bed, breathing very hard from pressureof the brain, the skull being fractured, and surely  in about half an Inch, and the pillows saturated with blood. Dr. M'Crae was then sent for, and arrived with the trepanning instruments, and that operation was commenced ; but, as it appeared the deceased was sinking fast, it was  given up. There were three wounds on the left hand side the head, viz. an anterior wound, made apparently by a blow with the end of the hammer produced, and to which the end of the hammer fitted. The posteriorwound was one apparently inflicted by , a stroke from the side of the same hammer, and very likely that part of it on which blood is now seen ; there was a third wound,about half an inch in diameter, and which had been produced by a portion of the fractured skull projecting through it, and from which the brain protruded ; any of the three wounds were sufficient to cause death.Dr. M'Crae corroborated Mr. Nathan's evidence in all its details.John Hope, private watchman, was standing speaking to watchman Morgan, at Woolley's corner, a little after four o'clock, on Monday morning, when a man ran past, up King-street, very quick and very light ; he was running from the direction of Mrs. Hoadleys, towards Pitt-street ; he was like the man witness had picked out at the Police Office, a few hours ago, and he believed the prisoner was the man he had picked out. The man he saw running up King-street was dressed like the prisoner.Edward Hobbs, licensed hawker, residing at the south end of Elizabeth-street, proved that the prisoner was at his house from five till about eleven o'clock on Sunday night; he then asked for and obtained some lucifer matches, and left, saying he was not going home directly, but was going up the town for an houror two.Henry Gardiner, assigned messenger to the South Head Stockade, was coming into Sydney on Monday morning, and about ten minutes to five he met a man running along towards the new gaol, a little beyond Lyons's buildings ;  witness called to him, but he returned no answer ; the male prisoner appears too tall for the man witness met ; he was dressed in a blue jacket, white trousers, and white straw hat,like the prisoner.Constable Carroll found the handkerchief produced, and spoken of by Mr. Heydon ; when witness showed it to the female prisoner she stated that it belonged to her, and that she had had it since the death of her first hus- band ; when the handkerchief was found lying at the water cask, it was quite dry, whereas, if it had lain there all night it would have beenwet, or at least damp.

William Cadman, shoemaker, and husband of the female prisoner, who had told him she was the mother of John Skinner, the male prisoner, deposed, that John Skinner had lived in the same house with them since they removed to Paddington ; when he went out on Sunday evening it was about five o'clock; he was dressed in dirty white moleskin trousers, a blue jacket, and cabbage-tree hat; when he returned home witness asked him what o'clock it was, when he said it was near five ; his mother asked him where he had been till that time of the morning, when he gave her a very surly answer and said, " Don't be blowing me up, to let the people hear you." He then went to his bed, after taking the candle from witness's bedside and getting a light with some matches he had in his pocket; as an excuse for his being so long out, Skinner stated that he had fallen into a water-hole. Witness spoke to William Nixon, a neighbour, about an hour after.William Nixon, a dealer, living at Paddington, recollected speaking to the preceding witness on Monday morning, and by his watch it was then about six o'clock.  William Moore, Acting Inspector of the Sydney Police, had searched the house of the deceased about one o'clock, after her death, and under the bolster he found her pocket containing one £10 note, one £5 note, two half sovereigns in gold, eighteen shillings in silver, and 4½d. in copper.Sergeant Peter Coyle, of the police, found the pane of glass produced, on Monday morn- ing, in the yard of the deceased ; it was care- fully placed at the side of the yard, and the putty in the sash, from which it had been re- moved was quite fresh ; the glass fitted the aperture from which it had been taken.This closed the evidence.In putting the case to the jury, the coroner stated that he felt it due to the Police to state, there never was an instance in which they had given greater proof of their activity and vigilance : within an hour or two of the death of the unfortunate woman all the parties that, by the evidence, were in any way implicated in the transaction were secured, and avast mass of facts, all tending to detect the really guilty persons, collected ; and, as far as the nature of the case admitted, brought to bear on the subject. He had no hesitation in saying, that but for the promptness with which the police had acted on the present occasion, many of the most material parts of the evidence would have been obliterated, and rendered unavailable for carrying conviction to the guilty in another Court. Such activity when successfully exerted as in the present instance, tended greatly to increase the security of the public,as it showed the lawless that however well laid their plans might be, they could not escape detection. He was also happy to say that no diligence had been wanting on the part of those in his own department, whose duty it was to second the efforts of the police, in getting the case put in as clear a light as possible, for the consideration of the Jury. He then went over the material parts of the evidence, as it affected Skinner, as a principal, and particularly called the attention of the Jury to the evidence respecting the woman's previous knowledge of the deceased being in the habit of keeping considerable sums of money in her possession ; and also, where that was usually placed when she had it not on her person ; the principal part of the evidence, however, which affected her was that given about the handkerchief, and it was for them to find whether she had given it to the male prisoner to be used as a mask, or had it been innocently lent to him, or had he taken it without her knowledge. If she had counselled or advised him to commit the deed,she was equally guilty with him ; but if he did it of his own design, without her knowledge, then they were bound to acquit her. The Jury retired for about a quarter of an hour, when theCoroner stated that there was one part of the   evidence he had omitted to call their attention to, which he felt it his duty to mention before receiving their verdict, as it might bear on their opinion respecting the conduct of one of the parties in custody. He then mentioned the evidence respecting the little dog being taken away and not being returned, and told the Jury if they choose to take that circumstance into consideration, they might again retire. One of the Jurors said, as it was stated that the woman sometimes fed the dog, it might have followed her. After asking the question as to whether they would again retire, and none appearing inclined to do so, the Foreman returned a verdict of willful murder against John Skinner, who was remanded to Sydney Gaol to take his trial for the same. Ann Cadman not guilty, on which she was discharged.The enquiry lasted for about five hours, and appeared to excite great interest, the jury room being crowded to excess during the whole time,and hundreds waiting outside to hear the result.

The murder was still a sensation some 50 years later with one newspaper printing the most incredible allegations (presumably because all those named had since passed away. On the 17th December, 1904 The Newsletter, an Australian paper for Australian People published the following story: 

WHO MURDERED MARY HOADLEY ?
In King-street, at the back of the Joint Stock Bank, George-street corner, thereare some shops which are known as Hoadley's Buildings. The entablature is still intact, and the year of their erec tion is set forth as 1842. Enough! Here  there was committed a crime which for sensational involvements, connecting us with people high in position even to this day in Sydney, throws every previous or subsequent tragedy right in the shade. It was Mary Hoadley who was mur dered here. She was a widowed woman,whose husband had left her well off. The crime was committed while she layasleep in bed, at the dead hour of night. And no eyes were witness to the tragedy but those of a young girl — a child too young to give evidence of identification who was sleeping in the same bed.   This girl was an adopted daughter of Mary Hoadley's. The child, as far as she could observe in her fright, stated that the man (partly describing him) came into the room, leaned over her, and with fierce blows murdered the unfortunate woman in her slumber. There was no robbery accompanying the tragedy, so speculation turned in other directions for the motive. Here came in the mystery,and it remains unsolved to this day. It centred all upon the little girl; She was a beautiful girl, with rare good breeding stamped on her every feature. Some said she was the daughter of a rich South Sea Island captain, whose wife was dead, and who himself, just prior to the tragedy, was reported to be lost in his vessel on the reefs of Malicolo. Others said she could claim romantic relationship with Archbishop Polding. Gossipers said one had only to look, at the child to see the family genealogy. Doubtless this was all gossip. What, however, was certain was this — she was the diamond in a big estate— Hoadley's, as well as somebody else's. All inquiries into the murder failed to fix the commission of the offence on any one, but in the squabble that ensued as to who should be the guardian of the beautiful and now wealthy child, most extraordinary allegations were made against well known people. The child's description of the man who committed the midnight deed was made to apply to a well-known citizen connected with the case, and to this day the old Sydney residents who were interested in the mat ter will not have it that their suspicions may have been wrong. ' No,' they say, ' there's the motive — and see how So and So soon became possessed of a lot of property.' No doubt, however, this was all mere suspicion, and since then the family have become one of the most prominent in Sydney. As for the beautiful girl who was witness, and the probable cause of the murder — she was brought up in the religion desired, and was well educated. She married a well known citizen, and the family became wealthy and occupied a high social posi tion. The children — the issue of this marriage — are remarkable for their beauty, and some of them were noted for their ability as well. Yet the murderer of Mary Hoadley has not yet been brought to punishment,and the crime still remains a romance and a mystery. JH.