Pauline and William Barry’s grandchildren

Pauline Roche (1835 -1894) has been part of the story for a while. But I’m becoming increasingly sure that she helps place a lot of things into context.  This is one of a series of posts covering her marriage into the Barry family, and her daughter’s marriage into the related Smith-Barrys, and a look at where they all fit into both Irish, and British society. 

Pauline & William Henry Barry  had seven children, five of whom were unmarried, only two of the girls marry. Their children were:

  • (Patrick) Henry, born 1862; d. poss 1930, who appears to have been unmarried
  • William Gerard; born 1864; d. 1940 in Saint-Jean-de-Luz, unmarried.
  • Pauline; prob born 1865 or b.1867 – d. after 1911; unmarried.
  • Edith,born probably 1866, but possibly as early as 1861, and possibly 1863. Edith and Mary both give their ages as 35 in the 1901 census so it’s likely they are twins.
  • Mary Barry, b. 1866,  married Cecil Smith Barry, (b. 19 Oct 1863, d. 21 Nov 1908) so Cecil was Pauline Roche’s son-in-law. 
  • Henrietta (Rose) , b. 1873/4,unmarried
  • Kate. b 1879 unmarried.

Edith marries twice, and has three sons with her first husband;  William, and Joseph b. 1891 who are twins, and then Gerard b. 1893, a year later,, and a daughter, Janet b. 1905,  with her second.

Mary married Cecil Smith Barry, and had two daughters Cecily Nina b 1896, and Edith b 1907

So the grandchildren are:

  • William Hayes  1891 – 1918, aged 27
  • J B (Joseph Barry )Hayes 1891-1927, aged 36
  • Gerard Patrick Hayes 1892 – 19??
  • Cecily Nina Smith-Barry b 1896
  • Janet Babtie b 1905;
  • Edith Smith-Barry b 1907

Edith married Patrick Aloysius Hayes (1847-1900)  who was born in Dingle, Co Kerry in 1847, and was a surgeon-major H. M. Army Medical Department, and they had three sons; William Hayes  1891 – 1918, J B (Joseph Barry )Haynes 1891 – 1927, and  Gerard Patrick Hayes.  Will and Joe appear to be twins, according to the 1901 census, both aged 9, Gerry is a year younger at 8, so probably born in 1892. Patrick Hayes Senior died in Wimbledon on the 20th March 1900. Edith then married Lieutenant General William Babtie V.C (1859 -1920), as a widow in 1903, and had a daughter Janet born in 1905.

Edith died on 25th June 1936 at 18 St Patrick’s Place, Cork and her address was given as The Hermitage, Rushbrooke, Cork; probate was given to Gerard Patrick Hayes, who described himself as an advertising salesman.

Mary and Cecil Smith-Barry had two daughters, Cecily Nina b 1896, and Edith b 1907. Cecily died in Bournemouth in the winter of 1954, “aged 56” actually 58. By that point she was firmly calling herself Nina Cecily. She was entered on the General Register of Nurses on Feb 16 1923, and still on the register in 1940, where her address was given as 9 Walkers Row, Fermoy, co. Cork. 1937 her address was Ruddiford, Wimborne Road, Red Hill, Bournemouth. She got her nursing certificate between 1917-1920 at St George’s in London. By 1943 she was at 3 Bodorgan Road, Bournemouth. There is very little trace of Edith Smith-Barry to date.

All three of Edith’s sons served in the First War, both Will and Joe in the Queen’s (Royal West Surrey) Regiment, and Gerard in the Royal Fusiliers.

Will was awarded a D.S.O. (Distinguished Service Order), and Joe a M.C. (Military Cross). The D.S.O. is awarded for an act of meritorious or distinguished service in wartime and usually when under fire or in the presence of the enemy. The Military Cross is a decoration for gallantry during active operations in the presence of the enemy. The decorations rank two, and three, respectively, in the order of precedence behind the Victoria Cross, which, incidentally, was awarded to their step-father Lieut.-General Sir William Babtie during the Boer War.

William Hayes  died of  flu on the 20th October, 1918, in Italy, and is buried at Staglieno Cemetery, Genoa. He had served throughout the First War, having been part of the original Expeditionary Force in 1914; out of the 1,000 men of 1st Battalion The Queen’s Royal Regiment who landed in France in 1914, only 17 were alive at the Armistice. So Will almost made it.

Gerard was wounded in 1916, when he was also mentioned in dispatches by Sir Douglas Haig, and Joe was awarded the Military Cross the same year. Will was  mentioned in dispatches, and awarded the D.S.O. in 1917.

Joe survived the war, but died on December the 19th, 1927, aged 35. He had married in the winter of 1920, and his widow Gwen [nee Harold] survived him, and died almost fifty years later in 1976.  Their address was given as the Very House, Worplesdon, Surrey, when Gerard Patrick was granted probate. Joe left £ 226. 13s. 11d., a present day equivalent of about £ 66,000.

Pauline Barry died in the autumn of 1894, aged 56. The registration district was Midletown, in co. Cork, so we can safely assume that she died at home in Ballyadam. All three of her grandsons had been born before she died, but none of her granddaughters.

Patrick Hayes died at Wimbledon on the 20th March 1900, presumably at 132 Worple Road Wimbledon where the boys were living at the time of the census in 1901. The house itself appears to be a relatively small two storey late Victorian semi-detached house. The greatest curiosity is that, at the time of the 1901 census, all three boys were living there without their mother, and only three servants looking after them.  Elizabeth O’Shea aged 30, described as a nurse domestic on the census, but presumably their nanny; and Mary Phillips, a 21 year-old house maid, and Violet Gatling, also 21, who was the cook.  The census was taken ten days before Will, and Joe’s tenth birthday on the 11th of April.

The censuses in 1901 in both Ireland, and England were taken on the same day 31st March, though the forms in Midleton in Ireland were not filled in until the 12th April 1901. They show that Edith Hayes was in Ireland staying with the Coppinger family at Midleton Lodge, rather than with her brother and sisters at Ballyadam House, nearby. There could be any number of reasons for this, Pauline, and Rose Barry are both living at Ballyadam with only one servant, in a sixteen room house outside of town, whereas the Coppingers are in the middle of Midleton in a rather larger house, with four daughters aged between eleven and twenty-one, a governess, and seven servants.  Quite simply, it may well be that life at Midleton Lodge was a bit livelier, and as the widowed mother of three youngish sons Edith was looking for a rest, and some adult company. In all likelyhood, the Coppingers were also likely to be cousins of some sort.

Both families, the Barrys, and the Coppingers were living in considerable comfort,  compared to the majority of the population of Ireland at the time. The Coppinger house appeared to have 22 rooms, and 20 outbuildings including 6 stables, a coach house, harness room, three cow houses, a calf house, dairy, piggery, fowl house, boiling house, barn, and a workshop, shed, and store. The house had “16 windows at the front” , in fact from the look of it, five windows at the front in a good solid double fronted Georgian house that is now the local council offices. Just to give some idea of how mobile all the families were Thomas Stephen Coppinger says in the 1901 census that he was a 57 year old merchant,  born in Lucca, Italy in 1842.

Ballyadam, by contrast, was marginally smaller with 16 rooms, and 9 stables, a coach house, a harness room, 2 cow houses, a calf house, 2 piggeries, a fowl house, boiling house, barn, potato house, and 2 sheds. The Barrys were also listed as the owners of two 2-room cottages, each with 2 outbuildings  next door to Ballyadam House.

The family living in the smallest house, though still more than comfortably, were Cecil, and Mary Smith-Barry. In 1901 they were in Castlemartyr, co. Cork, in the second largest house in the village, with 10 rooms, “eight windows at the front” , two stables, and a coach house. It was a mixed marriage, with Cecil a member of the Church of Ireland, and Mary and the children Roman Catholic. They only had one servant with them though, twenty-three year old Julia Casey.

At the time, 1901, Worple Road was just round the corner from the All England Tennis and Croquet Club, until it moved to Church Road in 1922. The site became the sports ground for Wimbledon High School for Girls.

By 1911, Will had been gazetted into the Army, Gerry was at Beaumont College, in Windsor, and Joe was an “army student” boarding at Edge Hill Catholic College in Wimbledon. Edge Hill became Wimbledon College, and it was a third of a mile, or about five minutes walk from 132 Worple Road.  Amongst Joe’s fellow students were Charles Joseph Weld, Thomas Joseph Weld, and Cecil Chichester-Constable, whose aunt Esther had married Stephen Grehan Junior in 1883, and was the mother of  Major Stevie Grehan, (1896 -1972) whose memoirs of the First War are held, and documented in the Grehan papers at University College, Cork.

So, slightly curiously, both Joe Hayes, and Cecil Chichester-Constable were both related to the O’Bryen’s at Ernest O’Bryen’s generation. Joe, Will, and Gerry’s mother was his second cousin, and Cecil’s uncle, Stephen Grehan Junior, was also his second cousin. It’s all a very small world.

It is not entirely clear as to where all the Hayes boys went to school. Both Will and Gerry went to Beaumont, in Windsor, with Will going on to Sandhurst, before receiving his commission in 1911. Joe was just short of twenty years old when he was described as an “army student” at Edge Hill, so old to still be at school. He may well have been at Beaumont as well. It would be slightly odd to send two out of three boys to one school, and one to another.

Beaumont was certainly grand, being where it was on the edge of Windsor Great Park, it rapidly developed a claim to being the “Catholic Eton”, a tag at the school was “Beaumont is what Eton was: a school for the sons of Catholic gentlemen”, though similar claims have been made for Stonyhurst , Ampleforth, and the Oratory. Beaumont was one of three public schools maintained by the English Province of the Jesuits, the others being Stonyhurst, and St Aloysius’ College, Glasgow. To be fair to all of them, Stonyhurst has much the greatest claim, having been founded in 1593 at St Omer, in France to educate the sons of Catholics, who couldn’t get a Catholic education in Elizabethan England. None of the other three were founded until the C19th.

The family were still all very close, and in the 1911 census all the unmarried Barry siblings were at Ballyadam House, along with Edith’s eight year old daughter,  Janet Babtie, who was the youngest of Pauline and William’s grandchildren. They had a couple of servant girls, and amusingly, Pauline claimed to be two years younger than she was ten years before, and Rose was a year younger.

Meanwhile Mary Smith-Barry had moved to a smaller house about ten miles away at Ballynoe, on the outskirts of Cobh. She is forty-five years old, and has been a widow for three years. The house is rented from her late husband’s cousin Lord Barrymore, who seems to own most of the village. Mary seems to be living quietly in the village with her daughters (Cecily) Nina who is now fifteen, and four year old Edith, and a nineteen year old servant girl.

To put things in perspective, when Cecil died in 1908, he left just over £ 5,000 [ the best current-day equivalent is £ 3.2m]. In the same year, The Old Age Pensions Act 1908 introduced a non-contributory pension for ‘eligible’ people aged 70 and over. The pension was 5 shillings a week, about half a labourer’s weekly wage, or £ 13 p.a.  Cecil’s £ 5000 was the equivalent of three hundred and eighty four years of old age pension, so Mary, and the children, were hardly paupers.

Captain Richard Hugh Smith-Barry 1823-1894

Pauline Roche (1835 -1894) has been part of the story for a while. But I’m becoming increasingly sure that she helps place a lot of things into context.  This is one of a series of posts covering her marriage into the Barry family, and her daughter’s marriage into the related Smith-Barrys, and a look at where they all fit into both Irish, and British society. 

Captain Richard Hugh Smith-Barry  is Mary Barry’s father-in-law. Mary Barry is William Henry, and Pauline Barry (nee Roche)’s daughter, probably the third daughter, and fifth, out of seven, children.  The Smith-Barrys  seem thoroughly respectable, apart from the fact that  John Smith-Barry was born illegitimately in 1793, his father, James Hugh Smith-Barry was born in 1748, and James’s grandfather, James Barry, (1667-1748) was the 4th Earl of Barrymore

Fota House 2
Fota House, co. Cork

Richard Smith-Barry was born on 21 February 1823. He was the son of John Smith-Barry and Eliza Mary Courtenay. He married Georgina Charlotte Grey, daughter of Colonel J. Grey, on 18 April 1850, and died on 23 January 1894, at age 70. The family lived at Fota House, in co. Cork, and then Ballyedmond, which Richard inherited from his unmarried uncle, John Courtenay. Richard was the youngest of five siblings

  • James Hugh Smith-Barry b. 27 Jan 1816, d. 31 Dec 1856. (Father of Arthur Hugh SB 1843-1925-Lord Barrymore)
  • Anne Smith-Barry b. 14 Mar 1817 d. 8 Dec 1834 unmarried.
  • John Smith-Barry b. 25 Sep 1818 d. 9 Apr 1834 unmarried.
  • Captain Robert Hugh Smith-Barry b. 13 Jan 1820, d. 25 Apr 1849 unmarried.
  • Captain Richard Hugh Smith-Barry b. 21 Feb 1823, d. 23 Jan 1894
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Ballyedmond House, co. Cork

He was a Captain in the 12th Lancers, and a Justice of the Peace (J.P.), and Deputy Lieutenant (D.L.) for County Cork. He was also a J.P. in Hampshire. He was Admiral of the Royal Cork Yacht Club for a while, as was his eldest brother James Hugh Smith-Barry (1816-1856), the father of Lord Barrymore.  He inherited Ballyedmond, in Midleton, County Cork, from his uncle John Courtenay. Richard’s mother was a member of the Courtenay family who owned Ballyedmond, and he inherited it from his unmarried uncle, John Courtenay.

Richard and Georgina Smith-Barry had five children;

  • Robert Courtenay Smith-Barry b. 19 Feb 1858. He died unmarried,at Bar View Strand, Youghal on 13th March 1930 and lived at Bar View, and Ballyedmond, County Cork,. His estate amounted to £ 57,091. 8s. 5d. in England.
  • Nina Mary Georgina Smith-Barry b. 15 Jun 1859. She married Major Thomas Henry Burton Forster in September 1885 and lived at Holt, Wiltshire, England. Guy Smith-Barry is the only son of Major Thomas Henry Burton Forster and Nina Mary Georgina Smith-Barry. He lived at Holt, and Ballyedmond, County Cork. His name was changed to Guy Smith-Barry when he inherited Ballyedmond from Uncle Robert. He was given the name of Guy Forster at birth. They also had a daughter Nina Georgina Mary, she marries Dennis George Darren Darley. Thomas Henry Burton Forster is curiously absent from the record but that could be just an army thing
  • Aileen Emma Smith-Barry b. 25 Apr 1861, d. 1948 married Godfrey Hugh Wheeler Coxwell-Rogers and lived at  Dowdeswell Court, Lower Dowdeswell, Gloucestershire, England, and at Ablington Manor, Bibury, Gloucestershire. They have two children Florence Aileen Coxwell-Rogers b.17 Jan 1883, and Richard Hugh Coxwell-Rogers b. 10 May 1884. Also a spectacular divorce case in 1889, she says he gave her the clap, and regularly physically, and verbally, attacked her, he says she was shagging the vicar in a field in Gloucestershire…… Her petition seems to have been dismissed.
  • Cecil Arthur Smith-Barry b. 19 Oct 1863, d. 21 Nov 1908 married Mary Barry. Pauline Roche’s son-in-law. They had two daughters Cecily Nina b 1896, and Edith b 1907
  • Katherine Winifriede Smith-Barry b. 25 Oct 1868 died unmarried

James Hugh Smith Barry (1816-1856)

This is one of a series of posts covering Pauline Roche’s (1835 -1894) marriage into the Barry family, and her daughter’s marriage into the related Smith-Barrys, and a look at where they all fit into both Irish, and British society.   John Smith-Barry (1793-1837)  was the grandfather of both Cecil Smith-Barry ( Pauline Barry[nee Roche]’s son in law, and also Arthur Smith-Barry, Lord Barrymore. In turn, John’s great-grandfather, James Barry, (1667-1748) was the 4th Earl of Barrymore.

Carrigtwohill
Fota Island, co. Cork

When John Smith Barry (1793-1837) died in 1837, his eldest son, yet another James Hugh,[like his grandfather, James Hugh Smith Barry (1748-1801)]  inherited the family estates at Marbury, in Cheshire, and Fota Island in co. Cork.  James Hugh,died in 1856, aged forty years old, and the estates were inherited by his thirteen year old son, Arthur Smith-Barry (1843-1925).

 

ballyedmond-entrance-front
Ballyedmond House, Midleton, co. Cork

James Hugh Smith-Barry (1816-1856) inherited both Marbury Hall, and Fota House  on the death of his father in 1837. His mother’s family,the Courtenays,  owned Ballyedmond, in Midleton, co. Cork, which was inherited in turn by Eliza Courtenay’s brothers, George, and then John.  John Courtenay, who appeared to be unmarried, left Ballyedmond to his nephew [and James Hugh’s youngest brother] Richard Smith-Barry in 1861. He, in turn, leaves it to his son Robert Courtenay Smith-Barry [Cecil Smith-Barry’s eldest brother], who, in turn, leaves it to his nephew Guy Forster/Smith-Barry on his death in 1930.

Fota House 2
Fota House

The gardens at Fota were begun in 1825 when John Barry-Smith, commissioned Richard Morrison and his son Vitruvius to transform an old hunting lodge into his principal Irish residence. The Morrisons were responsible for the ancillary buildings and probably also helped with the garden layout and demesne park, whose surrounding walls and plantations were largely created at this time. The spreading lawns and Walled Garden, with its rusticated piers and wrought-iron gates, belong to John Barry-Smith’s time.

James Hugh Smith Barry had the formal gardens at Fota House laid out, and was responsible for creating the famous arboretum in the 1840s. He constructed the Fernery and the Water Garden by reclaiming a large area of boggy ground, and the Orangery and Temple soon followed. James Hugh disliked the damp climate, however, and spent much of his time away from Ireland, but his son Arthur who became the first (and last) Lord Barrymore devoted himself to Fota; with the help of his gardener William Osbourne, he laid the basis of the famous collection of trees and shrubs that it now contains. Lord Barrymore’s work was continued by his son-in-law and daughter, Major and Honourable Mrs Dorothy Bell, who continued planting here until the late 1960s, adhering faithfully to old gardening traditions.

marbury-hall-aerial-view
Marbury Hall, Cheshire

Around the same time that this work was being undertaken in Cork, he made the decision to carry out extensive changes to the buildings and parkland at Marbury. In the 1840s, using the services of Anthony Salvin as architect and James Nesfield as landscape gardener, the extended 18th century house was transformed in the style of a French chateau. Both Salvin and Nesfield were highly regarded nationally in their respective fields and were prolific in their work in England.

It was a slightly curious commission  because Anthony Salvin seemed to specialise in re-modelling castles , and cathedrals.  In 1835 he worked on Norwich Castle,  the following year he repaired  Newark Castle.  and in 1845  In the early 1840s,he repaired Carisbrook , and Caernarvon Castles, and in the 1850’s, he restored the Salt, Wakefield, and the White Towers at the Tower of London,and the Chapel of St Peter ad Vincula. Following this he was instructed by Prince Albert to carry out work on Windsor Castle. In 1852 he also started work on the restoration of Alnwick Castle in Northumberland.

Salvin, also worked on Norwich, Durham, and Wells Cathedrals, and he also  rebuilt the keep of Durham Castle for student accommodation, and worked on restoring Trinity College, Cambridge.

The re-modelling of Marbury cost £7,700 and housed his grandfather James Hugh Smith Barry (1748-1801)’s 1770’s valuable and grand collection. Marbury Hall apparently had elegant, spacious rooms, an impressive staircase and intricate plaster work, and according to  the 1911 census return signed by Alice Knappett, the thirty eight year-old housekeeper, the house had 60 rooms. The house was demolished in 1968, and the grounds now form part of Marbury Country Park.

Lt.-Gen. James Barry, 4th Earl of Barrymore 1667- 1748

This is one of a series of posts covering Pauline Roche’s (1835 -1894) marriage into the Barry family, and her daughter’s marriage into the related Smith-Barrys, and a look at where they all fit into both Irish, and British society.   John Smith-Barry (1793-1837)  was the grandfather of both Cecil Smith-Barry ( Pauline Barry[nee Roche]’s son in law, and also Arthur Smith-Barry, Lord Barrymore. In turn, John’s great-grandfather, James Barry, (1667-1748) was the 4th Earl of Barrymore.

4th Earl of Barrymore
James Barry, 4th Earl of Barrymore

Lt.-Gen. James Barry, 4th Earl of Barrymore was born in 1667. He was the son of Richard Barry, 2nd Earl of Barrymore and Dorothy Ferrar.  The Barrys were descended from an ancient, somewhat impoverished, Irish family. His grandfather had died from a wound received at the battle of Liscarrol while fighting for the Royalists, and while Barry’s father had sat in James II’s Irish parliament of 1689, his elder half-brother Lawrence had been attainted for remaining in England. Possibly the family had wanted a foot in both camps until the result of the Revolution became clear. Once William III had emerged victorious Barry’s father took his seat in the Irish House of Lords in the parliament of 1692, and his half-brother signed the Irish Association in 1697.

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Castle Lyons

James Barry married, firstly, Hon. Elizabeth Boyle, daughter of Charles Boyle, 2nd Baron Clifford of Lanesborough and Lady Jane Seymour, before 1703. He married, secondly, Lady Elizabeth Savage, daughter of Richard Savage, 4th Earl Rivers in June 1706. It was an advantageous marriage but they married without the knowledge or consent of her father, Lord Rivers, who was informed of the event by Sir Roger Bradshaigh, 3rd Bt., in August 1706. On 12 Aug. Bradshaigh added the more reassuring information that  “I am told my Lord Barrymore has in present near £1,500, and I find he is generally well spoken of about the town and indeed seems more concerned for disobliging your lordship than those who have been most active in this affair”. He married, thirdly, Lady Anne Chichester, daughter of Maj.-Gen. Arthur Chichester, 3rd Earl of Donegall and Lady Catherine Forbes, on 12 July 1716 at St. Anne’s, Soho, London, England. He died on 5 January 1748. He was buried at Castle Lyons, co. Cork, Ireland.

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William of Orange, at the Battle of the Boyne 1690

James Barry’s military career started in 1689, as a Lieutenant-Colonel in the service of the army of William of Orange. It came to an abrupt and unexplained halt in 1693, though the dowry of £10,000 he received from his first marriage may have removed the necessity of military service.  He succeeded to the title of 4th Earl of Barrymore, 9th Viscount Barry , and 22nd Baron Barry on 17 April 1699. After succeeding to the title, Barrymore was granted a pardon in March 1700 “for all crimes and offences by him committed against his Majesty”, though these crimes were not specified, and in March 1702 he purchased a regiment of foot for 1,400 guineas from his brother-in-law, Sir John Jacobs. He was Colonel of the 13th Foot between 1702 and 1715. The regiment was sent to Spain in 1704, and Barrymore spent much of the next few years on active service in the Peninsula, though he had sufficient leave in London to get married for a second time,in June 1706.   Barrymore’s regiment remained in the Peninsula, however, and he returned to Spain.He fought in the Battle of Almanza on 25 April 1707, where he was taken prisoner.and in May 1709 he was captured at Caya, being exchanged in August that year and returning to England where he was promoted to lieutenant-general in January 1710.    

Jonathan Swift

He was the Tory M.P for Stockbridge between 1710 and 1713, and again from 1714 to 1715 .In December 1713, Jonathan Swift wrote to the Earl of  Oxford that ‘the Earl of Barrymore’s friends say he would take it kindly to be made a privy councillor’ in Ireland, and the suggestion was acted upon the following January. He was invested as a Privy Counsellor in Ireland on the 29th January 1714. In 1715, he was arrested on suspicion of treason, but nothing was proven against him.

Following the Jacobite Rebellion in 1715, Barrymore was removed from the colonelcy of his regiment, though he was one of the few Tories retained on the Lancashire bench in the aftermath of the rebellion. He was also the Tory M.P for Wigan between 1715 and 1727, and again between 1734 and 1747, largely through property rights inherited from his second wife’s father, Earl Rivers.  Lord Rivers, had died in 1712, his will making no mention of his only legitimate daughter, Lady Barrymore, and leaving his estates in Lancashire, Cheshire, Yorkshire and Essex to his cousin, and the inheritor of the title, John Savage, a Roman Catholic priest, and after him to a natural daughter. Lord Barrymore at once challenged the settlement, and secured possession of Wardley in Lancashire and consequently control of the Rivers interest in the parliamentary constituency of  Wigan. Barrymore secured his interest at Wigan in December 1714, and was returned for the borough at the 1715 election.

In the 1740s a disillusioned and elderly Barrymore was still active in Jacobite intrigue. He died on the 5th January 1748 in his eightieth year, the family interest at the borough of Wigan having been assumed by his son, Richard Barry

James Barry, had an infant son who died aged about one, with his first wife the Hon. Elizabeth Boyle who was the granddaughter of Richard Boyle, the 2nd Earl of Cork, and 1st Earl of Burlington.

He then had three daughters with Lady Elizabeth Savage

  •  Charlotte who died as an infant in 1708,
  • Anne who died just after her marriage,
  • Penelope who married General Hon. James Cholmondeley. Penelope ended up as the heiress of her maternal grandfather, Richard Savage, 4th Earl Rivers, and after her divorce from James Cholmondeley in 1737, he kept the lot eventually leaving it to his great-nephew George Cholmondeley, 4th Earl of Cholmondeley.

 James Barry, and Lady Anne Chichester, who was the daughter of Arthur Chichester (1666 – 1706), the 3rd Earl of Donegall, had two daughters, and four sons. James Barry was, at best, a year younger than his father-in-law. Their children were:

  • Lady Catherine Barry  d. 1738 who appears to have been unmarried.
  • Lady Anne Barry  d. 21 Mar 1758, married Walter Taylor
  • James Barry, 5th Earl of Barrymore b. 25 Apr 1717, d. 19 Dec 1751
  • Hon. Richard Barry c. 1720 – d. 23 Nov 1787 M.P for Wigan between 1747 and 1761,  he married  Jane Hyde, daughter and h. of Arthur Hyde of Castle Hyde, Ireland, in 1749. They had an infant son who died in October 1751, just over two years after their marriage.
  • Hon. Arthur Barry b. 1724, d. Oct 1770 unmarried
  • Hon. John Smith-Barry b. 28 Jul 1725, d. 1784
3rdearlofdonnegall
3rd Earl of Donnegall

The children’s maternal grandfather, the Earl of Donegall  was an Irish nobleman and soldier. He sat in the Irish Parliament called by William III in October 1692. Made a career in the English Army, and founded the 35th Regiment of Foot in Belfast in 1701, In 1704 he accompanied the regiment to fight in the War of the Spanish Succession in Spain, and was appointed Major General of Spanish forces. He was killed in action in 1706, at the siege of Barcelona, and was buried there.

The Smith-Barrys of Fota Island, co. Cork

Pauline Roche (1835 -1894) has been part of the story for a while, she married William Henry Barry in 1857.  I’m becoming increasingly sure that she helps place a lot of things into context.  This is one of a series of posts covering her marriage into the Barry family, and her daughter’s marriage into the related Smith-Barrys, and a look at where they all fit into both Irish, and British society.  Pauline Roche is Ernest O’Bryen’s first cousin

The Smith-Barrys  seem thoroughly respectable, certainly by the time Mary Barry [Pauline and William Barry’s daughter] marries into the Smith-Barry family in the summer of 1894. This was shortly before the death of her mother in the autumn of the same year. Both the marriage, and death are recorded in the civil registration district of Midleton, in county Cork, so almost certainly happened at the family home at Ballyadam.

Lord_Barrymore_Vanity_Fair_31_August_1910
Lord Barrymore, Vanity Fair, 1910

This extract from  “Barrymore Records of the Barrys of County Cork from the Earliest to the Present Time, With Pedigrees. London:” published 1902 rather smugly describes Mary Barry as follows

“Mary, married Cecil Smith Barry, second son of Captain Richard Smith Barry, of Ballyedmond, and first cousin of the Hon. Arthur Hugh Smith Barry, P.C. [now Lord Barrymore];”

Arthur Smith-Barry was created a peer, as Baron Barrymore, of Barrymore in the County of Cork, in 1902 the same year the Barrymore Records were published. I think there is a fair element of snobbery at work here in claiming kinship with a peer of the realm. By the late 1890’s, the Smith-Barrys were still firmly part of Ascendancy society, landed, wealthy, and members of the Church of Ireland. Arthur Smith-Barry was a major land-owner. He had almost 13,000 acres in co. Cork, and co.Tipperary.

Fota House 2
Fota House

He was the owner of Fota House, in co.Cork, as well as the family’s estates in England, based around Marbury Hall in Cheshire. In 1901, he is maintaining a large household at 20 Hill Street, in Mayfair, with a butler, valet, governess, cook, five maids, two footmen, and a hall boy; about the same number that Lord Grantham kept in Downton. The slight difference being the Smith-Barry family consisted of Arthur, his wife Elizabeth, and their six year-old daughter Dorothy.

In a slight contrast, his first cousin Cecil, and Mary Smith-Barry were living in a reasonably sized house in Castlemartyr, Cork in 1901. They had ten rooms, and a couple of stables, and a coach house.  The household comprised of Cecil, and Mary, their five year old daughter Cecily Nina, and a twenty three year old house and parlourmaid, Julia Casey. Ten years later, Mary had moved to a smaller house about ten miles away at Ballynoe, on the outskirts of Cobh. She is forty-five years old, and has been a widow for three years. The house is rented from her late husband’s cousin Lord Barrymore, who seems to own most of the village. Mary seems to be living quietly in the village with her daughters Cecily who is now fifteen, and four year old Edith, and a nineteen year old servant girl.

To put things in perspective, when Cecil died in 1908, he left just over £ 5,000 [ the best current-day equivalent is £ 3.2m]. In the same year, The Old Age Pensions Act 1908 introduced a non-contributory pension for ‘eligible’ people aged 70 and over. The pension was 5 shillings a week, about half a labourer’s weekly wage, or £ 13 p.a.  Cecil’s £ 5000 was the equivalent of three hundred and eighty four years of old age pension, so they were hardly paupers.

Carrigtwohill
Fota Island

Arthur, by contrast, was ludicrously rich. Quite how he, and his family kept it all is quite astonishing. Fota House was sold, after his granddaughter’s death in 1975, to University College Cork, and is now part of the Irish Heritage Trust.

However the past history of the Smith-Barrys is rather more chequered than this rather respectable pedigree would lead us to expect.   John Smith-Barry, Cecil and Arthur’s grandfather was born illegitimately in 1793; though to be fair to his father James Hugh Smith Barry (1748-1801), James lived openly with Ann Tanner, the mother of his children, and made arrangements for them to be legitimised, and to take his name, coat of arms, and to inherit. James S-B was even richer than Arthur Smith-Barry, and actually the source of much of Arthur’s money.

Following the death of his father John Smith Barry in 1784, James Hugh Smith Barry inherited Belmont Hall, in Cheshire, and continued to live there. Three years later, on the death of Richard Barry [his uncle] in 1787, James Hugh Smith Barry also inherited the family’s estates in Cork, and Tipperary, as well as the Marbury estate, in Cheshire, next door to Belmont. As a young man on the Grand Tour, between 1771-6, he travelled widely in Europe and the Middle East, borrowing large amounts of money and amassing a huge collection of ancient statuary, vases and paintings, mostly by Italian Masters, but he also had a couple of Van Dykes, I think a Reubens, and at least one Caravaggio.

James Hugh Smith Barry (1748-1801), may have lived openly with Ann Tanner, the mother of his bastard children, but at least he lived with them rather more respectably than his first cousin’s family.  Richard Barry, 6th Earl of Barrymore (1745-1773) appears to be reasonable, but his children were about the most dissolute, feral people anyone could meet, and Richard Barry’s parents-in law, William Stanhope, 2nd Earl of Harrington and Lady Caroline Fitzroy were about as bad as their grandchildren.

William Barry and Pauline Roche’s children

Pauline Roche (1835 -1894) has been part of the story for a while. But I’m becoming increasingly sure that she helps place a lot of things into context.  This is one of a series of posts covering her marriage into the Barry family, and a look at where they fit into both Irish, and British society. I think it’s useful to list her children fairly plainly so I can link off it as I delve deeper.

William Henry Barry of Ballyadam, is William Barry, of Rockville’s grandson, and the husband of Pauline Roche.  Pauline Roche is Ernest O’Bryen’s first cousin on her mother’s side. Her mother Jane is John Roche O’Bryen’s eldest sister. She is also his second cousin on her father’s side, because William Roche, Pauline’s father is their ( Jane and John Roche O’Bryen) first cousin once removed. So Pauline Roche’s children are EAOB’s second cousins on their maternal grandmother’s side, and third cousins on their maternal grandfather’s side

Carrigtwohill
Fota Island, Carrigtwohill

Lineage:

William Barry, of Rockville, Carrigtwohill, gentleman, fifth son of Edmond fitzGarrett Barry, of Dundullerick and Rockville, gentleman, according to his son, John, was born 1757, and died the 24th of January, 1824, aged sixty-seven years. He was married and had issue at the date of his father’s will, 30th March, 1783. His wife was Margaret, eldest daughter of James Barry, of Desert, in the barony of Barrymore, and county of Cork, gentleman, whose will is dated 21st November, 1793, but who died the 19th of November, 1793, aged sixty-five years, according to the inscription on his tomb at Ardnagehy. Said James Barry and his brother, Robert Barry, of Glenville, are mentioned in the will of Thomas Barry, of Tignageragh, gentleman, dated 16th November, 1778, and were his first and second cousins, and were great-grandsons of Edmund Barry, of Tignegeragh, gentleman, whose will is dated 22nd April, 1675, and whose father was Richard Barry, of Kilshannig, gentleman, son of John fitzRedmond Barry, of Rathcormac, Esq., and whose wife was a daughter of Thomas Sarsfield, of Sarsfield’s Court, an alderman of Cork, and a prominent Confederate Catholic in 1641. By his marriage with Margaret, eldest daughter of James Barry, of Desert, William Barry, of Rockville, had issue—eleven sons, and three daughters.

Barryscourt Castle, Carrigtwohill

The ninth son was Patrick Barry.  

The next extract comes from  “Barrymore Records of the Barrys of County Cork from the Earliest to the Present Time, With Pedigrees. London:” published 1902

Patrick Barry, of Cork, gentleman, died 1861, having married Mary Anne, daughter of Stephen Murphy, of the city of Cork, draper, and had with an elder son, Stephen Barry, of H. M. Customs, Cork, and a daughter, Kate, who both died unmarried, a younger son, William Henry Barry, of Ballyadam, gentleman, J.P., who was heir to his uncle, Henry Barry, of Ballyadam, and was for many years post­master of Cork. He married in 1857 Pauline Roche, only child of William Roche, son of Lawrence Roche, whose brother, John Roche, amassed great wealth during the French wars, and built Aghada House. John Roche’s only daughter, married to — O’Brien, of Whitepoint, Queenstown, J.P., left a daughter, who married her cousin, William Roche, and with her husband died shortly after the birth of their only daughter, Pauline, who was entrusted to the guardianship of her uncle, Dr. O’Brien, of Liverpool, and at marriage had a fortune of £7,000.

Only Edith, and Mary Barry, out of the seven brothers and sisters, marry.  Both Edith’s husbands were Army Surgeons. Mary married into the Smith-Barrys of Ballyedmond. In a slightly curious irony, the Master of the Rolls who sat on Pauline Roche’s case in 1855 ( Sir Thomas Berry Cusack-Smith) married into the Smith Barry family, as did Pauline and William’s daughter Mary, making him( Sir Thomas) and Louisa Cusack-Smith, Mary Barry’s husband Cecil’s great-uncle and aunt. It’s a small, small world…

The issue of the marriage of William Henry Barry and Pauline Roche are from “Barrymore Records”:

(Patrick)Henry, born 1862; d. poss 1930, who appears to have been unmarried

William Gerard; born 1864; d. 1940 in Saint-Jean-de-Luz, unmarried.

Pauline; prob born 1865 or b.1867 – d. after 1911; unmarried.

Edith,born probably 1863, but possibly as early as 1861, and possibly as late as 1866.  She married Patrick Aloysius Hayes, surgeon-major H. M. Army Medical Department, and had three sons, William Hayes  1891 – 1918, J B (Joseph Barry )Haynes 1891?-1927, and  Gerard Patrick Hayes?   Will and Joe appear to be twins, according to the 1901 census, both aged 9, Gerard is a year younger at 8, so probably born in 1892. Patrick Hayes Senior died in Wimbledon on the 20th March 1900.

Edith then married Lieutenant General William Babtie V.C, as a widow in 1903, and had a daughter Janet born in 1905; and possibly a son George Patrick (Babtie??)

Mary, married Cecil Smith Barry, second son of Captain Richard Smith Barry, of Ballyedmond, and first cousin of the Hon. Arthur Hugh Smith Barry, P.C. [now Lord Barrymore];

Arthur Hugh Smith Barry was the elder son (and one of two sons and two daughters) of James Hugh Smith-Barry, 1816 -1856,  who in turn was the eldest son of John Hugh Smith-Barry 1793 – 1837. Richard Hugh Smith-Barry 1823 -1894 was the youngest son (4 sons, 1 daughter) of John Hugh Smith-Barry 1793 – 1837, which makes him Cecil’s father, and Lord Barrymore’s uncle.

Cecil Arthur Smith-Barry b. 19 Oct 1863, d. 21 Nov 1908 married Mary Barry, so was Pauline Roche’s son-in-law. They had two daughters Cecily Nina b 1896, and Edith b 1907

Henrietta, b. 1873/4,unmarried

Kate. b 1879 unmarried.

Pauline Roche (1835 -1894)

Pauline Roche (1835 -1894) has been part of the story for a while. But I’m becoming increasingly sure that she helps place a lot of things into context.  This is one of a series of posts covering her marriage into the Barry family, and her daughter’s marriage into the related Smith-Barrys, and a look at where they all fit into both Irish, and British society.

Barryscourt Castle,Co.Cork

To recap briefly, she runs away from home in Bristol to Ireland in 1854, aged about eighteen. She takes her uncle, and guardian, John Roche O’Bryen to court, successfully gets her guardianship changed, and within two years of her court case has married into the Barry family.  The Barrys, one way or another, trace themselves back to the Norman invasion of Ireland in the 1170’s, and in various ways have managed to hold on to land, and money, or both, since then. Their original seat was Barryscourt Castle, and they were given the land from Cork to Youghal, about 50 sq. km. One of the main tactics for keeping wealth in the family was marrying cousins, or through the use of marriage settlements, so Pauline’s marriage was unusual. Having said that, she was bringing the modern-day equivalent of about £ 7,000,000 to the marriage, which helps.

So Pauline is marrying into a junior branch of an old established Anglo-Irish family. It all tends to point to her having some established pedigree, as well as cold, hard, cash. At the risk of speculating, I think it may well turn out that in Pauline’s case, the cash, as we know, comes from John Roche, who is both her maternal great grandfather, and paternal great-uncle. The pedigree, is more speculative, but here goes. Henry Hewitt O’Bryen, Pauline’s maternal grandfather, is the grandson of Daniel O’Brien (1717-1758).

Murrough_O'Brien,_1st_Marquess_of_Thomond_KP,_PC_(1726-1808),_5th_Earl_of_Inchiquin_(1777-1800),_by_Henry_Bone
Murrough O’Brien,1st Marquess of Thomond (1726-1808)

Daniel O’Brien appears to be either a bastard son of  William, the third Earl of Inchiquin, or potentially more likely, the bastard son of Charles O’Brien, William’s second son. Charles is rather curiously listed as died unmarried, rather than d.s.p. (died without issue). In Irish Pedigrees by John O’Hart; 1892, O’Hart lists an otherwise unlisted elsewhere, Donal, a fourth son of William O’Brien.  I don’t think we are pushing things too far to consider William O’Brien bringing up his bastard grandson as part of the household. It’s interesting that another grandson of William’s, Murrough O’Brien, the 5th Earl of Inchiquin, and 1st Marquess of Thomond was reputed to have a bastard son Thomas Carter, the composer (1769 – 1800) who lived with him at Taplow Court in Berkshire

The Irish landed gentry had a much more relaxed attitude to illegitimacy than is perhaps now realised. Henry Hewitt O’Bryen and Mary Roche were staying at Fort Richard, in co. Cork when their first three children were born, and John Galwey, who owned Fort Richard, and their probable host, and Henry’s contemporary, fathered seven children illegitimately at Fort Richard, starting in 1814, before finally settling down and marrying fifteen years later.  Father O’Connor, the parish priest,  wrote ‘Bastard’ next to each of those names.

So, in Pauline Roche’s case, the cash comes from John Roche who “amassed great wealth during the French wars, and built Aghada House“. We know JR was a merchant, but little more. Ireland’s exports were predominately agricultural, with a fair proportion heading across the Atlantic to the West Indies, and West Indian goods returning, so there is a reasonable possibility of part of John Roche’s money being tainted by slave labour, though no actual evidence yet.

The pedigree is rather looser; quite possibly a link to the O’Bryens at Rostellan Castle. The Earls of Inchiquin, who later became the Marquesses of Thomond lived at Rostellan, which is about a mile away from Aghada, where John Roche had built his house in 1808. In a slight curiosity, both families started spelling O”Bryen with a “y” rather than an “i” at about the same time. We’ve considered the possible link to William O’Brien earlier. Henry Hewitt O’Bryen, Pauline’s maternal grandfather, was the son of Laurence O’Brien, and Jane Hewitt. Their marriage settlement refers to Laurence having a malt house, and the Hewitt family were brewers, and distillers.  There is no firm evidence to link Jane Hewitt, and Henry Hewitt, her father, directly to the Hewitt brewing and distilling dynasty, but all the signs point in that direction. The Hewitts established a distillery in 1792, and ran it until 1864 when they sold it to the Cork Distillery Company who eventually evolved into Irish Distillers, now part of Pernod Ricard.

So Pauline’s maternal great, great, grandfather seems to be the bastard son of Irish aristocracy, and Old Irish at that. Topped up with strategic marriages that bring in money at each generation. The trustees and witnesses of the marriage settlement are significant. “John Sarsfield of the City of Corke Merchant & Richard Connell of the said City Esq” are the trustees of the settlement, “Francis Goold & Wm Galway, and Richard Townsend of Castle Townsend” are signatories to Laurence O’Brien’s indentures of leases. “Thomas Hardy of the City of Corke Gent & Matthew Thomas Hewitt of Castle Townsend aforesaid Esq.,”  are the witnesses to the agreements.

William Henry Barry of Ballyadam, is William Barry, of Rockville’s grandson, and the husband of Pauline Roche.  Pauline Roche is Ernest O’Bryen‘s first cousin on her mother’s side. Her mother Jane is John Roche O’Bryen‘s eldest sister. She is also his second cousin on her father’s side, because William Roche, Pauline’s father is their ( Jane and John Roche O’Bryen) first cousin once removed. So Pauline Roche’s children are EAOB’s second cousins on their maternal grandmother’s side, and third cousins on their maternal grandfather’s side. All fabulously complicated…….

Pauline Barry (nee Roche) had died in the autumn of 1894, aged fifty eight,or fifty nine, almost exactly a year before the death of her cousin Mgr. Henry O’Bryen. They were both born in 1835, Pauline was born in Rome, and Mgr. H.H. was born in Montpellier, and they were brought up together in his father/ her uncle’s household.

William and Pauline Barry’s children were: (there is more detail here)

  1. (Patrick)Henry, born 1862; d. poss 1930, who appears to have been unmarried
  2. William Gerard; born 1864; d. 1940 in Saint-Jean-de-Luz, unmarried.
  3. Pauline; prob born 1865 or b.1867 – d. after 1911; unmarried.
  4. Edith,born probably 1863, but possibly as early as 1861, and possibly as late as 1866.  Died 19??
  5. Mary, born 18?? d. after 1911
  6. Henrietta, b. 1873/4,unmarried
  7. Kate. b 1879 unmarried.

Only Edith, and Mary Barry, get married, out of all seven brothers and sisters, .  Both Edith’s husbands were Army Surgeons. Mary married into the Smith-Barrys of Ballyedmond. In a slightly curious irony, the Master of the Rolls who sat on Pauline Roche’s case in 1855 ( Sir Thomas Berry Cusack-Smith) married into the Smith Barry family, as did Pauline and William’s daughter Mary, making him( Sir Thomas) and Louisa Cusack-Smith, Mary Barry’s husband Cecil’s great-uncle and aunt. It’s a small, small world…

Edith has three sons with Patrick Hayes, and a son and a daughter with William Babtie.

Mary has two daughters with Cecil Smith-Barry.

Ballyadam House, the family home seems to be large. According to the 1901 Irish census it had 16 rooms, and the out-buildings listed are

  • 9 stables
  • 1 coach house
  • 1 harness room
  • 2 cow houses
  • 1 calf house
  • 2 piggeries
  • 1 fowl house
  • 1 boiling house
  • 1 barn
  • 1 potato house
  • 2 sheds

A total of 24 outbuildings

In 1901 Pauline Barry is listed as the head of household at Ballyadam, and was living there with her sister (Henrietta) Rose and a servant, and she is also listed as the owner of 2 2-room cottages each with 2 outbuildings. In 1911, both Pauline, and Rose are still living there, and they have been joined by their younger sister Kate, and eldest brother Patrick, who is listed as the head of the household. There are two servants living in the house, and their six year old niece Janet Babtie is living with them as well.

In 1901, Cecil and Mary Smith-Barry were living in a reasonably sized house in Castlemartyr, Cork. They had ten rooms, and a couple of stables, and a coach house. the household comprised of Cecil, and Mary, their five year old daughter Cecily Nina, and a twenty three year old house and parlourmaid, Julia Casey. Ten years later, Mary has moved to a smaller house about ten miles away at Ballynoe, on the outskirts of Cobh. She is forty-five years old, and has been a widow for three years. The house is rented from her late husband’s cousin Lord Barrymore, who seems to own most of the village. Mary seems to be living quietly in the village with her daughters Cecily who is now fifteen, and four year old Edith, and a nineteen year old servant girl.

William Barry of Rockville (1757 – 1824) – children of

William Henry Barry of Ballyadam is Pauline Roche’s husband, and one of the grandsons of William Barry, (1757 – 1824) of Rockville

By his marriage with Margaret, eldest daughter of James Barry, of Desert, William Barry, (1757 – 1824) of Rockville, had issue— in fact 11 sons, and 3 daughters. For such a fecund family, it’s curious that half were unmarried, or childless.

  1. Edmund died in infancy.
  2. James (1782 -1846) was married in 1818; to Elizabeth, daughter of Edward Barry, of Kilbolane. They had two sons, and two daughters, and only Anna Maria Barry married. She 

    married (1860) her cousin, Philip W. Creagh, solicitor, had issue— Captain James Wm. Joseph Creagh, born 18th Sept., 1863 : Philip William Creagh, veterinary surgeon, Fermoy, born 5th July, 1866; Eliza Mary Josephine, born 18th June, 1862, died 15th August, 1866

  3. David of Barry’s Lodge, gentleman. He married Julia Geran of Mitchelstown. They had Richard, a unmarried son, who was a “gentleman rider” and died in 1899, and three daughters, only one of whom, Mary, married.

  4. Edmond M.D., died unmarried soon after having taken out his degree.
  5. Richard of  Greenville,  gentleman, married  Catherine,  eldest daughter of John Galwey, of Rocklodge, Monkstown, county Cork, and Doon, county Clare.
  6. William lieut. R.N., son of William Barry, of Rockville, died unmarried.
  7. Thomas gentleman married, about the 15th of November, 1829, Julia, daughter of Stephen Murphy, of the city of Cork, draper,
  8. Garrett of Greenville, gentleman, J.P., owner of the famous racehorses Arthur and Waitawhile, died unmarried
  9. Patrick of Cork, gentleman, died 1861, having married Mary Anne, daughter of Stephen Murphy, of the city of Cork, draper. Pauline Roche’s Father in law
  10. John M.D., medical officer of the Carrignavar dispensary
  11. Henry of Ballyadam, gentleman, barony constable of Barrymore, coroner of the east riding of the county of Cork, Belgian Consul for the port of Cork, Knight of the Order of Leopold, etc., married a Miss Mary Lynch, and died on the 16th of December, 1868, without issue. Henry left his estates to William Henry Barry, of Ballyadam, gentleman, J.P., who was heir to his uncle, Henry Barry, of Ballyadam, and was for many years post­master of Cork. He is Pauline Roche’s husband
  12. Johanna (1784 – 1873) and died unmarried.
  13. Ellen second daughter of William Barry, of Rockville, married James Fitzgerald, of Castlelyons, gentleman, and had issue an only son, William Edmond Fitzgerald, who died unmarried in Australia.
  14. Mary third daughter of William Barry, of Rockville, died unmarried.

Manchester – so much to answer for…….

The_Massacre_of_Peterloo
The Massacre of Peterloo, 16th August 1819

One hundred and ninety seven years ago yesterday, between 60 – 80,000 people gathered on St Peter’s Field in Manchester at a meeting for parliamentary reform. The crowd was charged by the Manchester and Salford Yeomanry, and the 15th Hussars; between 10 and 20 people were killed and hundreds more injured in what quickly became known as the Peterloo Massacre.

The Manchester & Salford Yeomanry were a relatively inexperienced militia recruited from among local shopkeepers and tradesmen, a large number ran or owned pubs.  For some reason, this came to mind .. “They smelt of pubs and Wormwood Scrubs, and too many right wing meetings.”

The Manchester Observer had recently described them as “generally speaking, the fawning dependents of the great, with a few fools and a greater proportion of coxcombs, who imagine they acquire considerable importance by wearing regimentals”  they were subsequently described as “younger members of the Tory party in arms”, and as “hot-headed young men, who had volunteered into that service from their intense hatred of Radicalism”.

They were also drunk.

Just after 1:00pm the Yeomanry received an order that the Chief Constable had an arrest warrant which he needed assistance to execute, and sixty cavalrymen of the Manchester and Salford Yeomanry, led by Captain Hugh Hornby Birley, moved into the crowd. As they became stuck, they began to panic, and began to attack the crowd with their sabres.

At about 1:50 pm, Lieutenant Colonel Guy L’Estrange commanding the 15th Hussars arrived; he ordered them into the field to disperse the crowd with the words: “Good God, Sir, don’t you see they are attacking the Yeomanry; disperse the meeting!”

The 15th Hussars formed themselves into a line stretching across the eastern end of St Peter’s Field, and charged into the crowd. At about the same time the Cheshire Yeomanry charged from the southern edge of the field.

At first the crowd had some difficulty in dispersing, as the main exit route into Peter Street was blocked by the 88th Regiment of Foot, standing with bayonets fixed. One officer of the 15th Hussars was heard trying to restrain the, by now out of control, Manchester and Salford Yeomanry, who were “cutting at every one they could reach”: “For shame! For shame! Gentlemen: forbear, forbear! The people cannot get away!”

By 2:00pm the crowd had been dispersed, leaving eleven dead and more than six hundred injured.

Peterloo was hugely influential in ordinary people winning the right the vote; it led to the rise of the Chartist Movement, which in turn led to the formation of Trade Unions; and it resulted in the foundation of the Manchester Guardian newspaper.

freetradehallcard
Free Trade Hall, Manchester

Percy Bysshe Shelley was in Italy, and did not hear of the massacre until 5 September. His poem, The Masque of Anarchy”, subtitled “Written on the Occasion of the Massacre at Manchester” was sent for publication but not published until 1832, thirteen years after the massacre, and ten years after Shelley’s death.

The Free Trade Hall in Manchester, built to commemorate the repeal of the Corn Laws in 1846, was also partly built as a “cenotaph raised on the shades of the victims” of Peterloo. The land it was built on was given by Richard Cobden.

This isn’t really a shameless attempt to bring in the UK’s second greatest city (you can pretty much guess the gold medal winner), well it probably is. Ok, so, Manchester, one of the world’s great cities, along with London (obviously), Venice, Florence, New York, probably Glasgow………

Anyway,  Sir Joseph Thackwell, GCB, KH, (1781 – 1858) commanded the 15th Hussars from 1820 to 1832. So he may well have been at Peterloo. It’s probably too much to hope he was the officer “trying to restrain the out of control Manchester and Salford Yeomanry”, but it is at least possible. But, a year after the massacre, he was in command of the regiment.

He was, later, a lieutenant general in the British Army. He had served with the 15th Hussars in the Peninsular War at Sahagún (1808) and Vitoria (1813), and lost his left arm at the Battle of Waterloo in 1815. He was promoted to a major at Waterloo, and made a brevet (honorary) lieutenant-colonel in 1817. So he was almost as senior as Lieutenant Colonel Guy L’Estrange, but didn’t out-rank him on the day. Guy L’Estrange does sound like one of Becky Sharpe’s conquests………..

But on the day, with a joint operation combining the Manchester and Salford Yeomanry, the Cheshire Yeomanry, and the 15th Hussars, he would have had equivalent rank to L’Estrange.

Joseph Thackwell commanded the 15th Hussars from 1820 to 1832. He then served in India, commanding the cavalry in the First Anglo-Afghan War (1838–39), the First  and Second Anglo-Sikh Wars (1845–49). The reason for bringing this in to our story is that he had married Maria Audriah Roche, [eldest daughter of Francis Roche of Rochemount, County Cork (an uncle of Edmond Roche, 1st Baron Fermoy).] in 1825,  and, more importantly, he bought Aghada Hall n 1853, and died there in April 1859.

So, Joseph Thackwell was the first person to own Aghada since John Roche had built it in 1808. The house had been in the Roche family for forty five years, but JR’s dream of creating a Roche dynasty, with a landed inheritance, had failed. Both male Roche heirs, his nephews’ James Joseph, and William, had died without male heirs. So the estate was sold with the beneficiaries being JJ, and William’s daughters.

Lady Thackwell [Maria A. Roche] shares a surname with John Roche, and his heirs, but is at best a tangential relation, and more likely no close relation at all. Her branch of the Roche family were neighbours of “our” Roches, substantial landowners in county Cork, important and influential, – Maria was a first cousin of the 1st Baron Fermoy; which coincidentally makes her the first cousin five times removed from Diana, Princess of Wales. But when it comes down to it, probably not much more than someone deciding – “you know that nice house down on Cork harbour, quite close to a lot of my family……… can we buy it?”

Peterloo also resonates in other parts of the story…… It’s a shocking, shameless, massacre. It is not defendable in any way. The crowd attendance was approximately half the population of the immediate area around Manchester. But it led to the  Great Reform Bill of 1832, it led to the repeal of the Corn Laws in 1846 in part through the efforts of Richard Cobden, and, amongst others, his next door neighbour Sir Joshua Walmsley, – another character in our story.

But most of all, one hundred and ninety seven years on, we should doff our caps to the people of Manchester.

The Pauline Roche case 1855

THE DAILY NEWS, TUESDAY, JUNE 19, 1855 (London)

A singular minor case, involving charges of cruelty against a guardian, was adjudicated on by the Master of the Rolls, on Saturday. The question was, whether the guardian of the minor should pay the costs of the proceedings that had been resorted to to remove the minor from his care.

Paulina Roche, the minor in the case, is the daughter of the sister of Dr. John Roche O’Bryan (sic) and Mr Robert. H. O’Bryan (sic) of Queenstown, Cork. She (Mrs Roche) died in 1836, at which period the minor was only eleven months old. She was left by her mother  to the care of Dr O’Bryan (sic), of Clifton, Bristol, and a maintenance was allowed him for her support, which was increased from time to time, till it amounted to £ 139 per annum. She was  entitled to a fortune of   £10,000, the greater portion of which (£7,000 or £6,000) had been realised. Miss Roche was a young lady whose constitution was delicate, and therefore, it was contended she required great care and attention, instead of which she was provided with bad food, bad clothes, and was deprived of such necessaries as sugar and butter; she was likewise deprived of horse exercise, which was indispensable to her health. A pony, the bequest of a dying patient, was given to her; and when she was deprived of this a carriage horse was procured, which kicked her off his back, and she refused ever again to mount him. She also complained that upon two occasions he (guardian) beat her severely – that he made her a housekeeper and governess to the younger children, that he led her to believe she was dependent upon his benevolence; and further, that she was not permitted to dine with him and his wife, but sent down to the kitchen with the children and the servants. Having endured this treatment for a long period, she fled from his house in the manner hereafter described. To these charges, Dr O’Bryan (sic) replied that he had treated his niece with kindness – that her preservation from consumption was solely ascribable to his judicious and skilful treatment – that he caused her to be well educated – had given her many accomplishments, and a horse to ride, which was not a carriage horse, but an excellent lady’s horse – that she upon two occasions told him untruths which required correction, and that he would have punished his own children much more severely. He also relied upon the affidavits of friends (Mrs and Miss Morgan, Mrs Parsons, and the affidavit of his own wife) which represented that his conduct to the young lady was uniformly kind, and that from their knowledge of him and the course pursued towards her, they could vouch that no hardship or cruelty had been practised towards her. It was likewise contended that she would have better consulted her own respectability and displayed better taste if she had abstained from taking proceedings against her uncle and guardian, with whom she had been for so many years.

The Master commented severely on the conduct of the guardian, and said he was clearly of opinion at present that he should bear all his own costs; but whether he would make him pay the cost the minor’s estate had been put to in investigating these transactions, he would reserve for future consideration.

Dublin Evening Post June 1855

ROLLS COURT – SATURDAY JUNE 16 – EXTRAORDINARY CASE

In re Paulina Roche

This was a minor matter, the question at present before the court being whether the guardian of the minor should pay the costs of proceedings consequent upon an alleged system of cruelty practised towards her. The facts of the case will be found fully set forth in the judgement of the court, which, under the circumstance, is the best source from whence to take them. An outline at present will therefore suffice. The minor, Paulina Roche, is the daughter of the sister of Dr John Roche O’Bryen, and Mr Robert H. O’Bryen of Queenstown, Cork. She (Mrs Roche) died in the year 1836, at which period the minor was only eleven months old. She was left by the mother to the care of Dr O’Bryen, of Clifton, Bristol, and a maintenance was allowed him for her support, which was to increase from time to time, till it amounted to £ 139 per annum. She was entitled to a fortune of  £ 10,000, the greater proportion of which (£ 7,000 or £ 6,000) had been realised. Miss Roche was a young lady whose constitution was delicate, and therefore it was contended she required great care, and attention, instead of which she was provided with bad food, bad clothes, and was deprived of such necessaries as sugar and butter; she was likewise deprived of horse exercises which was indispensable to her health. A pony, the bequest of a dying friend, was given to her; and when she was deprived of this, a carriage horse was procured, which kicked her off his back, and she refused ever again to mount him. She complained that upon two occasions he (the guardian) beat her severely – that he made her a housekeeper and governess to the younger children – that he led her to believe she was a dependent upon his benevolence – and further, that she was not permitted to dine with him and his wife, but was sent down to the kitchen with the children and the servants. Having endured this treatment for a long period, she fled from his house in the manner hereafter described. To these charges Dr O’Bryen replied that he had treated his niece with kindness – that her preservation from consumption was solely ascribable to his judicious and skilful treatment – that he caused her to be well educated, had given her many accomplishments and a horse to ride, which was not a carriage horse but an excellent lady’s horse – that she upon two occasions told him untruths which required correction, and that he would have punished his own children much more severely. He also relied upon the affidavits of friends (Mrs and Miss Morgan, Mrs Parsons, and the affidavit of his own wife), which represented that his conduct to the young lady was uniformly kind, and that from their knowledge of him and the course pursued towards her, they could vouch that no hardship or cruelty had been practised towards her. It was likewise contended that she would have better consulted her own respectability and displayed better taste if she had abstained from taking such proceedings against her uncle and guardian with whom she had been for so many years.

Mr Hughes Q.C. and Mr E. Litten appeared as counsel for Mr. Thomas Keane, the next friend of the minor. Mr. Deasy, Q.C., and Mr Lawless, for the respondent, Dr O’Bryen.

The MASTER of the ROLLS said that a petition was presented by Mr Orpin, the solicitor for the minor, for the purpose of removing the late guardian for misconduct. His lordship made an order on that occasion to the effect that the minor should reside within the jurisdiction of the court, which was indirectly removing her from the protection of the late guardian. The matter then went into the Master’s Office, and the late guardian very prudently withdrew from his guardianship, but although he had done so, he placed on the files of the court an affidavit, which he (the Master of the Rolls) had no hesitation in saying was a most improper affidavit to have filed, and which rendered it impossible that inquiry should cease as long as it remained unanswered. The general nature of the charge against the late guardian appeared to be this – that although he was allowed from 1850 a maintenance of  £139 per annum, this young lady was not properly clothed – that she had not been properly fed – had been most cruelly treated and subjected to personal violence. Six or seven years ago she was actually driven to run away, which of course she had since been obliged to repent, and even if she did get education it was the education of a poor relation of the family. The governess who was employed to educate her cousins swore, as he (the Master of the Rolls) understood, that if the minor did get education it was at the expense of the guardian, and that she gave her instructions as a matter of charity. This young lady was obliged to run away, and conceal herself in a neighbouring village, and no person who looked at the subsequent transactions could entertain a doubt but that she had been treated with cruelty. It was sworn by Mr Sweeny, a solicitor of the court, that he was ashamed to walk with her she was so badly dressed. The Master, in his report, found that if the minor, who was in her nineteenth year, at the period he was making his enquiries, dined with the servants, or if she kept their company, it was not under compulsions, but he (the Master of the Rolls) would be glad to know was that the mode to deal with a minor of the court. He believed the truth of her statement that although the governess, the younger branches of the family, and she dined in a room off the kitchen in summer, in winter, a fire not been lighted in it, they dined in the kitchen. It was perfectly clear to his mind that this young lady had been kept ignorant, up to a late period, of the state of her circumstances. The Master found, and it was actually admitted by the respondent, that he told her on one occasion her father had left her nothing; that she would be in the poorhouse but for his generosity. He (the Master of the Rolls) adverted to this circumstance  for the purpose of asking this gentleman who struck this young lady, in delicate health, with a horsewhip for having told him, as he represented an untruth – what punishment he deserved for having told her the falsehood that her father had left her nothing? She had been absolutely kept in a state of servitude – admittedly not dining with her uncle and aunt, and admittedly dining in the room off the kitchen. She got half a pound of butter for a week, but no sugar or any of those matters which were considered by mere menials to be the necessaries of life. Having got dissatisfied with this state of things, she was anxious to know whether the statement was true that her father had left her nothing – whether she was entirely dependent upon her uncle, with whom she lived. On the morning of the 4th of May 1854, the transaction took place which led her to write the first letter to her uncle who was now her guardian. It appeared that one of her cousins brought her a piece of leather which the child had got in the study of the late guardian, but not telling her anything about it she asked her to cover a ball, and she did so. He interrogated her on the subject, and having denied she took the leather, he took his horsewhip and struck this delicate young lady a blow which left a severe mark on her back to the present day. His lordship then read the letter of the minor to her uncle in Cork inquiring about her father’s circumstances, and complaining bitterly of the treatment she had received, and stating that, though she was then nineteen years of age, she had no pocket money except a little which had been supplied by friends. His lordship continued to say that the facts contained in that letter were corroborated by the statements of the guardian himself. On another occasion, the minor being in the room with her uncle, his powder-flask was mislaid, and being naturally anxious about it, as there were younger children living in the house, he asked this young lady respecting it, but she laughed at his anxiety, and he struck her a blow, according to his own version, with his open hand, but after the blow of the horsewhip, he (the Master of the Rolls) was inclined to think it was with his fist as she represented. Another letter was written by the minor, in September, 1854, to her uncle John (sic) in Cork, which he enclosed to Mr Orpin, who adopted the course that he wished every solicitor would adopt who did not consider himself the solicitor for the guardian, but the solicitor for the minor, whose interest was committed to his charge. On the 9th of October a letter was written, by the dictation of this young lady, giving the most exaggerated account of her happiness, and this was alleged to be her voluntary act, though by the same post Mr Orpin received a letter from her stating that she was under the influence of her aunt when she wrote it. Ultimately, in the absence of her uncle, and late guardian, and apprehending his anger when he returned, she left the house and went to reside with her uncle John (sic) in Cork, her present guardian. A circumstance occurred when Mr Robert O’Bryen (sic) went to recover possession of his ward, which corroborated strongly the minor’s statement. When he was passing through Cork, she was looking out of the window and fainted upon seeing him – so much frightened was she at his very appearance. The conduct of this gentleman appeared to him (the Master of the Rolls) to be most unjustifiable – not to use a stronger expression – and Mr Orpin, the solicitor, was entitled to his costs, the payment of which he might have no apprehension, as this young lady, who was represented as having nothing, was the heiress to £ 10,000, left to her by her father. With reference to Mr Robert O’Brien (sic), he was clearly of opinion at present that he should bear all his own costs; but whether he would make him pay the costs the minor’s estate had been put to in investigating these transactions, he would reserve for future consideration.

THE LIVERPOOL MERCURY AND SUPPLEMENT. FRIDAY, JUNE 22, 1855

PERSECUTION OF A WARD IN CHANCERY – IN RE PAULINA ROCHE

This was a minor matter, the question at present before the Rolls Court, Dublin, being whether the guardian of the minor should pay the costs of proceedings consequent upon an alleged system of cruelty practised upon her. The minor, Paulina Roche, is the daughter of the sister of Dr. J. Roche O’Bryan (sic) and Mr Robt. H. O’Bryan (sic) of Queenstown, Cork. She (Mrs Roche) died in 1836, at which period the minor was only eleven months old. She was left by her mother to the care of Dr O’Bryan (sic), of Clifton, Bristol, and a maintenance was allowed him for her support, which was increased from time to time, till it amounted to £ 139 per annum. She was entitled to a fortune of   £10,000, the greater portion of which (£7,000 or £6,000) had been realised. Miss Roche was a young lady whose constitution was delicate, and therefore, it was contended she required great care and attention, instead of which she was provided with bad food, bad clothes, and was deprived of such necessaries as sugar and butter; she was likewise deprived of horse exercise, which was indispensable to her health. A pony, the bequest of a dying patient, was given to her; and when she was deprived of this a carriage horse was procured, which kicked her off his back, and she refused ever again to mount him. She also complained that upon two occasions he (the guardian) beat her severely – that he made her a housekeeper and governess to the younger children, that he led her to believe she was dependent upon his benevolence; and further, that she was not permitted to dine with him and his wife, but sent down to the kitchen with the children and the servants. Having endured this treatment for a long period, she fled from his house in the manner hereafter described. To these charges, Dr O’Bryan (sic) replied that he had treated his niece with kindness – that her preservation from consumption was solely ascribable to his judicious and skilful treatment – that her caused her to be well educated – had given her many accomplishments, and a horse to ride, which was not a carriage horse, but an excellent lady’s horse – that she upon two occasions told him untruths which required correction, and that he would have punished his own children much more severely. He also relied upon the affidavits of friends (Mrs and Miss Morgan, Mrs Parsons, and the affidavit of his own wife) which represented that his conduct to the young lady was uniformly kind, and that from their knowledge of him and the course pursued towards her, they could vouch that no hardship or cruelty had been practised towards her. It was likewise contended that she would have better consulted her own respectability and displayed better taste if she had abstained from taking proceedings against her uncle and guardian, with whom she had been for so many years.

The Master of the Rolls, after going over the facts carefully, said – It is a satisfaction to know, although this young lady has been described as a dependent, and as one who has been rescued from a workhouse, that she is entitled to £10,000; and the question of costs of Mr Orpin is not a matter of so much importance; he will, of course, be indemnified for his expenses. There is no difficulty about my obliging Dr O’Bryan (sic) to pay his own costs; therefore I may as well relieve him from any trouble upon this head, should he consider that there is any use in applying to me to be exempted from the payment of these costs. The only question for me to consider is, whether I shall not oblige him to pay all the costs of the proceedings consequent upon his conduct to his ward.

The Tralee Chronicle Friday, June 22 1855

ROLLS COURT – SATURDAY

In the matter of Pauline Roche, a minor

The petition in this case was presented to compel the late guardian of the minor, Dr Robert O’Brien, of Belfast (sic) to pay the costs of certain proceedings which had been instituted on the part of the minor in the Court of Chancery and the Master’s Office. The facts of the case will appear from his lordship’s judgement. The general nature of the charge against the late guardian appeared to be this – that although he was allowed from 1850 a maintenance of £ 130 per annum, this young lady was not properly fed – had been most cruelly treated and subjected to personal violence. This young lady was obliged to run away, and conceal herself in a neighbouring village, and no person who looked at the subsequent transactions could entertain a doubt that she had been treated with cruelty. It was perfectly clear that this young lady had been kept ignorant up to a late period of the state of her circumstances. The Master found, and it was admitted by the respondent, that he told her on one occasion her father left her nothing; that she would be in the poor house but for his generosity. His lordship then read the letter of the minor in cork, inquiring about her father’s circumstance, and complaining bitterly of the treatment she had received, and stating that, though she was then 19 years of age, she had no pocket money, except a little which had been supplied by friends. Another letter was written by the minor in September, 1854, to her uncle John in Cork, which he inclosed to Mr Orpin who adopted the course that he wished every solicitor would adopt, who did not consider himself solicitor for the guardian, but the solicitor for the minor, whose interest was committed to his charge. Ultimately, in the absence of her uncle, and late guardian, and apprehending his anger when he returned, she left the house, and went to reside with her uncle in Cork, her present guardian. Mr Robert O’Brien (sic) went to recover possession of his ward, which corroborated strongly the minor’s statement. When he was passing through Cork, she was looking out in the window, and fainted upon seeing him – so much frightened was she at his very appearance, the conduct of this gentleman appeared to him (the Master of the Rolls) to be most unjustifiable – not to use a stronger expression – and Mr Orpin, the solicitor, was entitled to his costs for the payment of which he might have no apprehension as this young lady, who was represented as having nothing, was the heiress to £ 10,000 left to her by her father. With reference to Mr Robert O’Brien (sic), he was clearly of opinion at present that he should bear all his own costs; but whether he would make him pay the costs the minor’s estate had been put to in investigating the transactions, he would reserve for future consideration.

THE BRISTOL MERCURY, AND WESTERN COUNTIES ADVERTISER, SATURDAY DECEMBER 29 1855

DR. O’BRYEN AND THE CORPORATION OF THE POOR

Audi alterum partem,

To the Editor of The Bristol Mercury

SIR – I need make no apology for asking your indulgence to enable me to defend myself by bringing before the public such explanation as I can offer of certain expressions that fell from the Irish Master of the Rolls when called on to settle a mere matter of costs. What purported to be his language appeared in your paper of the 22nd of June last. The course the Court of the Corporation of the Poor have thought proper to adopt, at their meeting of the 11th instant, obliges me, most reluctantly, to re-open a matter I had rather forgotten, not that I feel at all conscious of having done wrong, for, were it so, I would not now ask a hearing. The manifestly partial and one-sided import of the words used by the Master of the Rolls, it was considered, would be their own antidote, for all who knew me in private life were aware how unfounded such “surmises” and “inferences” as he thought it not beneath him to indulge in, were in fact. For this, amongst several other valid reasons, not adverse to myself, which I cannot publish, my friends advised me to let the matter rest, and I now regret that I permitted myself to be prevailed on to leave the matter to public opinion, which, it was alleged, would not fail to discern the ex parte nature of his language, and judge accordingly, instead of at once showing (at all risks) how entirely at variance it was with the judgement of the Master in Chancery, to which no exceptions were taken.

Before entering into the merits of this case, or making any justifications of my conduct, three points of special difficulty must be borne in mind: –

1st – By the manner of proceeding in the court of Chancery, charges to any amount, in number and gravity, may be made at pleasure, without regard to their truth or application, and I was called on to prove a negative, and that extending over a period of 18 years, not even illustrated by dates, to a long list of charges so got up.

2nd – I laboured under the great and irremediable disadvantage of the absence of the most important, I might almost say the only, witness capable of directly answering who had lived with me for eight years: she had left and gone on the Continent, to a situation, some time previously. The rules of the Court require all testimony to be sworn before a Master Extraordinary of that Court. None such being on the Continent, I was deprived of her evidence; my children at home were very young, the others were on the Continent at school, under age, and therefore inadmissible. Hence, to prove the negative, I was compelled to rely on my own and my wife’s evidence, that of any servant I could find who had lived with us during that period, and the very few visitors and friends who knew our private household life sufficiently well (and all know how few such can exist) to be able to speak to the untruth of one or more of these charges.

3rd – I have now, in addition, to contend with the “surmises” and “inferences” which the Irish Master of the Rolls thought proper to indulge in when called on to settle a mere matter of costs.

The Minor, Miss Roche, made certain complaints to the Lord Chancellor Brady, who directed that the Master in Chancery, J.J.Murphy, esq, should proceed to examine into and report upon them to him, which was done, and the report presented to his Lordship, when he directed the Master of the Rolls to settle the costs.

Every impartial reader of the reported language of the Master of the Rolls must be struck with one fact, that, to use a mild expression, he allowed the gravity of the judge to disappear in the one-sided earnestness of the advocate. It is manifest his language did not meet the justice of the case, and for this view I rely on the finding and judgement of the Master in Chancery, the officer to whom the complaints were referred, and before whom all the witnesses were brought, and the evidence was investigated, and within whose province it came to decide on the validity and effect of the allegations against me; and notwithstanding all the difficulties I had to encounter in rebutting these charges, and the almost impossibility of finding evidence, yet I refer the reader with confidence to his verdict.

“In the matter of J.P.Roche, a Minor, – Hy. Thos Keane, plaintiff, Hugh Roche and others, defendants; Hy. Thos Keane, plaintiff, Elizabeth Roche defendant; Hy. Thos Keane, plaintiff, Peter Cook and others, defendants.”

“ To the Right Honourable Maziere Brady, Lord High Chancellor of Ireland. May it please your Lordship, pursuant to your Lordship’s order mad into this matter, and in these tatises bearing date 2nd day of November 1854, whereby it was referred to me to inquire and report whether the treatment of the said Minor had been proper and according to the direction of this court; and for the purpose of ascertaining and determining upon the guardian’s treatment of the said Minor, I directed that a specification should be prepared, setting forth in writing the charges or causes of complaint alleged by her, or on her behalf, against the said John Roche O’Bryen: the same were accordingly specified and marked with my initials.”

The charges laid before the Master in Chancery for investigation, were as follows:-

FIRST GENERAL CHARGE

“ That said john Roche O’Bryen treated said Minor in a harsh and cruel manner, unsuited to he age and constitutional delicacy.” Viz:-

  1. “By striking her with a riding whip, and on other occasions making use of personal violence to her, and generally treating her with cruelty and harshness.”
  2. “ In having compelled her, or induced her by false statements as to her position in his family, to undertake and perform menial services, such as washing and dressing the younger children of said J.R.O’Bryen, acting as nursery governess, sweeping rooms, and like offices.”
  3. “In having compelled, or induced said Minor to dine in the kitchen or servants hall, in company with the female servants and younger children of said J.R.O’Bryen.

SECOND GENERAL CHARGE

“That said John Roche O’Bryen treated said Minor in a manner unsuited to her age and constitutional delicacy, and prospects in life, and not in accordance with the allowance made for her maintenance in that behalf by the reports on orders in said matter, viz:-“

  1. “In supplying her with clothes unsuited to her age and prospects in life.”
  2. “In supplying her with food unsuited to her station in life and natural delicacy of constitution.”
  3. “In not allowing said Minor pocket money suited in its amount to her age and prospects in life.”
  4. “In not providing said Minor with horse exercise, in accordance with the report bearing date 28th May, 1850.”
  5. “In having caused the acquaintances and teachers to believe that said Minor was a dependant on the charity of said John R. O’Bryen, and to act towards her accordingly.”
  6. “That said John Roche O’Bryen concealed from Minor her true position in his family, and made false statements to her respecting her prospects and the true position of her affairs.”

J.J.M.

The evidence on both sides having been entered into in respect to these charges, Master Murphy gave the following judgement to which no exceptions having been taken, it was formally embodied in his report to the Lord Chancellor, and to this I now refer, as my reply to the following charges.

“The 1st is sustained so far as to striking her with a riding-whip, and on another occasion (see evidence) striking her with his hand – no other proof of actual violence. It further appears the Minor at an earlier period (see evidence) felt such apprehension that she left her guardian’s house. &c. The striking I consider wholly unjustifiable, and I have no further evidence of cruelty. As to harshness, I think Dr O’Bryen’s manner may have laid a foundation to that charge. He appears to me to entertain very high notions of the prerogatives of a guardian as well as a parent, but I have no sufficient or satisfactory evidence of any general or deliberate harsh treatment on his part.”

“I have not evidence that satisfies me that Dr O’Bryen made use of false statements as to the Minor’s position in his family. The Minor may have undertaken and performed what are termed menial offices, which she now complains of, but in my opinion she never was induced or compelled to do so by Dr O’Bryen. I think she was, to an advanced period of her life, left too much in communication with servants, governesses, and younger children having regard to her prospects in life and her constitutional and moral tendencies and her due self-respect. This coarse, I think, latterly made her reckless and indifferent, and indisposed to avail herself of the opportunities which may then have been afforded her of associating with Dr and Mrs O’Bryen.”

“Upon the evidence before me I consider this a misrepresentation. I do not see any reason to believe that she ever dined in the kitchen – servants’ hall there was not in the house. If she ever dined in the kitchen, or in company with the servants, she did so, in my judgement, without any inducement or compulsion on the part of Dr O’Bryen.”

“The second I have already partially answered (see above).”

“I consider it due to Dr O’Bryen to state that whatever fault of judgement or manner he may be chargeable with in the moral treatment of the minor, he appears to have had her well educated according to her position and capacity, and to have bestowed on her medical treatment very commendable attention and skill, and that he also gave her full opportunities of taking horse exercise if she pleased; also latterly, opportunities, so far as she appears to have desired, of associating with his respectable acquaintances; and, with the exception of the article of clothing (about which I doubt), and the defects of moral treatment above referred to, I can discover no well-founded reason to complain of his conduct as a guardian.”

“The specific complaints under this band are:-

  1. “In the article of clothes, but for the evidence of Mr Stephen O’Bryen, having made a complaint to Mr Sweeny on this (unclear) as appears in the evidence of the latter, I should have found against the charge; after that evidence I am inclined to think there was some ground for the Minor’s complaint on this bead.”
  2. “As to the supply of food, it was not exactly what I could have wished in some respects; but it was always the same as that given to Dr O’Bryen’s own children; and it further appears that the Minor was allowed to keep the keys, and could have taken what she wished. I consider the cause of this complaint was much exaggerated.”
  3. “It does not appear that Minor ever asked or expressed a wish to get pocket-money. It also appears that she had actually given some money to Dr O’Bryen to keep for her.”
  4. “As to not providing Minor with horse exercise, I consider this charge colourable, and without any real foundation or just cause of complaint.”
  5. “The evidence on this point is conflicting: there is a good deal of it on the part of the Minor, but the charge has not been established to my satisfaction.”
  6. “This I have already answered as to the Minor’s position in his family. As to her prospects, and the true position of her affairs, Dr O’Bryen has himself stated that he did think it not prudent to disclose in this respect, with his reasons he may have withheld. I cannot satisfactorily arrive at the conclusion that he made any false statements in this regard. I must, however, state my belief that the minor was not, for a considerable time past by any means so ignorant of the state of her property and the condition of her affairs as has been represented on her part. And, upon the whole, I find that she has been maintained and educated in a manner which entitles him to be paid the allowance payable for said minor.”

J.J.MURPHY

The above official document fairly disposes, after a thorough investigation, of a long list of specified charges; but there remain a few new ones, brought forward for the first time by the master of the Rolls, and I will now proceed to deal with them.

It appears in evidence that the minor went daily to the house of a governess for a fixed time, and that this person thought proper, during this time to give her a few lessons on the harp, which she alleges she did without charge as she considered the Minor an orphan and dependant. This was done without the knowledge or consent of her guardian. The Master of the rolls found on this “an inference” and a grave charge. He says- “It appears to me that if she did receive a proper education, it was that of a poor relation, and my inference is, that the money was spent on the ducation of the cousins of Minor, and that the governess, from motives of benevolence, gave this young lady, whom she supposed a dependant, instructions with her pupils.” No charge of this nature was ever made by my opponents: but on the contrary, it was admitted that Minor had received as good an education as she was capable of; a view confirmed by the report of the Master as follows:- “ I deem it right to state, in justice to the said guardian, that he appears to me to have displayed very commendable attention and skill in the medical treatment of said Minor, and to have had her duly and properly educated, and upon the whole that she has been maintained and educated by him in a manner which entitles him to be paid the allowance payable for the said Minor.”

Again the Master of the Rolls indulges in inferences. He is represented to have said-“Now, if the Minor deserved punishment for a falsehood, what punishment would be sufficiently ample for the man who told his niece such a falsehood as that her father died in debt and left her nothing.”  The facts of the case show the Master of the Rolls to have been ill-informed, and to have made a grave charge which he ought to have known was untrue in fact. The facts are these:- The father of Minor made his will in 1832 and died in 1835, when Minor was three months old. He left all his real and personal property to his brothers absolutely, save an annuity to his widow, and made no provision for any child or children. Master Goald’s report of 1836, when minor was made a ward, makes it appear that only £1374 remained in Irish funds out of £ 10,000 to which Minor was entitled under the will of her maternal great-grandfather, to whom her father was executor. Her father admits in his will that he drew and spent the money, and accordingly bills were filed against his brothers to recover deficiency. All the property was sold, and did not realise anything like the debt. Hence it was perfectly true to tell Minor that her father had left her nothing and died in debt.

That the letter of May 4th,  1854, written by Minor, was a part of a conspiracy, must appear to everyone, when I state that it was proved by several witnesses that the Minor knew she had property of her own, and was not dependant. Sympson, the man-servant who accompanied her when she rode out states in his evidence, “ Minor frequently told him when out riding with her, and he particularly recollects one occasion in the summer of 1851, and he heard her tell the other servants of the house the same thing, that she had property of her own, and that Dr O’Bryen was allowed for her maintenance, and also the keep of a pony for her use;” and the master has found, “I must, however, state my belief that the Minor was not, for a considerable time past, by any means so ignorant of the state of her property and the condition of her affairs as has been represented on her part.” So much for her alleged ignorance up to August 1855 which I am deeply grieved to say she has sworn to. In regard to the letter which this Minor has declared she wrote to Mr Orpen, at the dictation of Mrs O’Bryen, I will only say that Mrs O’Bryen has twice sworn that she only, as was her custom, connected the Minor’s ideas, and faithfully expressed her wishes at the same time without suggestion of her own, and I will add, we both now believe that she thus acted to deceive and put Mrs O’Bryen off her guard. The Minor took care to send to her solicitor the pencil sketch, which at least, demonstrates deep cunning. Again, this unfortunate child has sworn that on October 3rd 1854, when Mr Orpen called to see her, she was engaged sweeping out the school-room, and doing other menial work, while two persons clearly prove on oath that she was dressing to go out to pay a visit and not engaged as stated by her, and one of these witnesses was the servant, who was actually at the moment employed in these duties, who swore, “ saith that Minor hath not been, and was not employed in sweeping out the school-room, or making up her own room at the time of said Mr Orpen’s visit; inasmuch as this deponent was in the act of making said minor’s bed, dusting her room &c.2 Whilst said Minor was dressing to go out, saith “that whilst in said house Minor  never swept out school-room, never made up her own room, or did any other menial service.” After this, what reliance can be placed on this Minor’s statement?

I will say one word as to dress. This minor so wilfully neglectful of her dress and personal appearance, that for several months Mrs O’Bryen declined to speak to her on the subject for when she did so she received an insolent reply. Hence I was myself obliged, if in the house, to inspect her daily before she went out and when she came down in the morning, and it rarely happened that I had not to send her to her room to change or arrange her dress, brush her hair, and  often even to wash her face and neck. For a reason then unknown and unsuspected by us, but which has since transpired (viz:- her intention to found a charge and give it the appearance of truth), she would persist in only wearing old and worn-out dresses that I had several times made her lay aside, and directed to be thrown into the old clothes bag. In fact I had to threaten to search her room and burn them before I could succeed. She put on one of the worst of them outside the day she left my house. I often met her in the street, and had to send her back to change her dress, &c., and notwithstanding all this trouble, my wishes were evaded or neglected the moment my back was turned. The amount of vexation and annoyance this child gave us by her habits and general conduct cannot easily be described. Not a single article of dress was bought for her after Mr Orpen’s visit, and yet an excellent wardrobe was found in her room the day she left. The list is too long to add.

There is only one point on which the Master finds against me, viz. striking: on this subject I am unwilling to give details. It is quite true that in a moment of hastiness on two occasions (in 18 years) caused by extremely bad general conduct on the part of Minor, remonstrance having failed, which at these times was brought to a point, and I did strike her once each time as she was leaving the room, and of this, which in reality is nothing, much has been made by those who wanted to make costs, certain to be paid by either party.

My counsel in Ireland recommended an appeal, but my law adviser in this country said “What are you to gain? All material charges have been disproved; the master’s report is in your favour; no costs have been thrown on you; the allowance has been paid; would it be worth your trouble to appeal only to get rid of the language used by the Master of the Rolls? For this is all you could expect, while the expense of an appeal would prove considerable, and the trouble not a little.”

I will only add, in conclusion, that I hols certain instructions in Minor’s handwriting that she received from a gipsy, proving on the face of it that she was employed to act on this child’s mind.

I now submit the case, which I have shadowed(?) out in this letter, not so much in the hope of appeasing the unthinking anger of incompetent and prejudiced persons, as in the certainty of finding justice at the hands of all those who may have taken a very natural and justifiable interest in the allegations made against me, and are yet open to conviction, and are willing to give its just weight to a true and honest statement of facts.

It is a most painful position to be placed in, after many years spent in gratuitous and honourable professional service, to be summoned before a tribunal which has no power to acquit or condemn, but can only cast a stigma. But no man of earnest(?) and conscious rectitude chooses to withhold a defence beyond a certain limit, however strong his private reasons may be for so doing. That limit has now been reached in the opinion of friends and in my own, and I take with the utmost confidence the on course which appears left open to me.

“Fiat Justitia, ruat caelum”

Yours, &c, Mr Editor,

JOHN O’BRYEN, M.D.