Execution Warrant, The Palmerstown Murder, 1865

 

Kilmainham Gaol may be best known to many people as the location of the imprisonment and executions of the leaders of the 1916 Rising, but the prison was the scene of many executions before then.  Built in 1796, it became the centre of execution for the city of Dublin, and over a hundred people were put to death there for crimes ranging from murder and treason to theft. This death warrant of Patrick Kilkenny, who was publicly hung in the front yard of Kilmainham on 20 July 1865, tells the story of the murder of a young woman named Margaret Farquhar in a crime of passion, and was donated to the museum in 1949 by a relative of Thomas Flewett, Deputy Governor of the gaol.

 

 

 

On the morning of Saturday 10 June 1865, a 40 year old farm labourer named Patrick Kilkenny arrived at the police station at Beresford Place to confess to the murder of 26 year old Margaret Farquhar from Co. Meath the previous evening at Palmerstown.  After a short search, the police found Margaret’s body in a ditch, face down in the water and covered with grass and weeds. It seems Patrick and Margaret had had a courtship of sorts over a number of years; Patrick regularly called to her family house and they were often seen at dances together, though no engagement was ever announced. Patrick was described in the newspapers as a low-sized, stout and muscular man with the character of a drunken bully, while Margaret was reported as being considered the best looking girl in the parish. Just days previous Margaret received a letter from an ex-suitor, an Englishman who had emigrated to America for a new life and was now offering her marriage. Patrick, on hearing the news, strangled and drowned her in a roadside ditch, then sat by her body before handing himself in to the police the next day.

 

On 19 June, coming up to Kilkenny’s trial, The Irish Times expressed its suspicion that it was insanity, rather than jealousy, that caused the murder. It urged careful consideration of the case to avoid the execution of a man for a murder similar to two recent incidents where the accused, both of a higher social class than Kilkenny, did not receive the death penalty. The cases they referred to were the Townley Murder in England in 1863 and the O’Dell Murder in Dublin in 1864.

In the English case, George Victor Townley, a 25 year old from a respectable upper middle class family, stabbed his fiancé Elizabeth Goodwin when she broke their engagement. He was tried, found guilty and sentenced to death, but his family’s money and influence allowed for Townley to be later found insane and his sentence was commuted to life imprisonment. He committed suicide in prison in February 1865.

William O’Dell, a 55 year old former barrister and employee of the Fine Arts Department of the Royal Dublin Society, confessed and was convicted of the murder of Bailiff Richard Fox in October 1864. Fox had come to O’Dell’s home at 91 Upper Rathmines Road to collect goods to the value of £8 in lieu of rent arrears, and as he was leaving the house O’Dell fired his revolver, shooting Fox in the head. He was found by the jury to have suffered a ‘paroxysmal mania’, or a fit of mania, and he escaped the death sentence.

 

Patrick Kilkenny’s fate was to be different. The jury found him guilty and, despite their call for mercy, Judge Baron Deasy passed the death penalty with the statement ‘Actuated apparently by the passion of jealousy, you struck down to death that unfortunate young girl that was the object of your love. For that, through that passion, two lives are sacrificed’. On 20July 1865 Kilkenny became the first recorded hanging in Dublin since the execution of John Delahunt, the murderer of 9 year old Thomas Maguire, in 1842. The Delahunt execution reportedly drew a crowd of 20,000 people, and Kilkenny’s execution, which took place on the drop-platform balcony over the main entrance of the gaol, also attracted a large crowd of spectators.

The Freeman’s Journal questioned the practice by asking what comfort it could give the family of Margaret Farquhar as it would not restore her life to her, stating that it was not a deterrent to crime, and also calling public executions a revolting and abhorrent spectacle which disgraced Dublin. The newspaper describes the execution scene in detail with no attempt to disguise its distaste. ‘The novelty of an execution taking place within our city invested the sad scene of Thursday morning with a peculiar and an unusual interest for numbers of that idle and degraded class which is sure to be found in large communities – a class whose morbid love of the terrible, the exciting, the cruel and the sensational is in strange and strong antagonism with the much vaunted civilization of the time. A kind of semi-love romance which was sought to be imported into “The Palmerstown Murder” to some extent contributed to induce the wanton curiosity-monger, the professional sight-seer, the indolent, the vicious, and the depraved to be present at the last act of the fearful tragedy, and as a consequence vast crowds continued to pour from all parts of the city and surrounding suburbs from an early hour this morning and take up their positions in front of the jail or wherever a good view could be obtained of the place where the dread sentence of the outraged law would be carried out’. One hour after the hanging, Patrick Kilkenny’s body was cut down and interred in the grounds of Kilmainham.

Three years later the Capital Punishment Amendment Act was passed, which required all executions to be carried out within the walls of the prison in which they are interned. This saw the end of public executions in Ireland and the UK.  In 1868 John Logue, a convicted murderer, was the last person to be publicly executed in Ireland. However, capital punishment remained common even past the formation of the Irish Free State and Republic. The last execution took place in Mountjoy Jail 1954; that of 25 year old Limerick man Michael Manning who raped and murdered a 65 year old nurse called Catherine Cooper. From that point, any death sentence passed was commuted to life imprisonment by the President of Ireland, until 1990 when it was finally formally abolished. It is now prohibited in the Constitution, and cannot be re-introduced even in the case of war or a state of emergency. 

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