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Trench v. Nolan The Galway Election Petition

By Samuel J. Maguire 

Election Tactics

Before and for some years after the Act of Union the typical Galway Parliamentary representative was in a large degree the swaggering, horse-racing, duel-fighting, hard-drinking, spend-thrift type portrayed by Charles Lever. The "popular member" was returned by a combination of patriotic enthusiasm and religious influence, supplemented by the necessary amount of bribery and intimidation. There was also the distribution of five-pound notes and whiskey ad libitum on the one hand, and the breaking of skulls with shillelaghs on the other, completing the popular victory. In addition, the patronage customarily vested in a member of Parliament at the time was extensive in small appointments. The post office, the revenue, the army and the navy, were to a great extent the spoil of party. The minister flung patronage to his lobby followers, and these in turn shared or dispensed it among their supporters in their constituencies. Political independence, as we now understand, was unknown. 

The trial of the Galway County Election Petition began, before Judge Keogh, on the 1st April and ended on the 21st May, 1872. 

Petition Presented by Trench

A petition was presented by Captain the Hon. William le Poer Trench against the return of Captain John Philip Nolan for Galway. Captain Nolan was unseated, the seat going to Captain Trench. It was contended that prior to the county election an arrangement had been made by the candidate Captain John Philip Nolan and by his agents that they had practised undue influence on the electors; that Catholic clergymen publicly denounced and threatened the electors with spiritual chastisement and temporal injury; and, by letters which were read at public meetings and by resolutions, adopted at clerical conferences, which were published in the county, Catholic prelates aided in the exercise of such undue influence. Before the nomination, acts of intimidation and undue influence became publicly known among the electors. On the nomination day, Trench, the opposing candidate, advertised in local journals, and posted in the polling and nomination places a notice, stating that Nolan had been guilty of undue influence and was thereby disqualified. The notice was in English, a language with which many of the electors were unacquainted. 

On the election day, persons were stationed at the booths for the purpose of serving copies of the notice, many of which were scattered about the booths. A few hundred were served on electors, before polling; they were delivered to other voters who either declined to receive them or were prevented by the confusion, or by agents of Nolan, or by Catholic clergymen; and in one booth they were not served until the voters had polled, in consequence of a misdirection. There were 4,686 available electors chiefly Catholic, of whom 2,823 voted for Nolan, and 658 for Trench. Large numbers who had promised to support Trench did not vote, or voted for Nolan, by reason of undue influence and intimidation. 

In the petition presented by Trench it was stated that Nolan himself and by persons on his behalf by means of organised mobs made use of and threatened violence, injury, damage, harm and loss of those who voted for or failed to refrain from voting for the petitioner. On the 6th February 1872, large mobs consisting of friends and supporters of Nolan, armed with sticks and other weapons did by intimidation and terror caused many people to vote for him who otherwise would have voted for the petitioner. On the same day stones were thrown at, and blows struck and physical violence offered to the supporters of the petitioner. The Catholic clergy of the county denounced the supporters of the petitioner and threatened temporal and spiritual ruin to these people. Sir Thomas Burke of Marble Hill, Pierce Joyce, D.L., and J. O' Hara, J.P., and Messers. Concannon, conducting agents, with W. Boles, agent of the petitioner swore that there was a widespread system of physical and spiritual intimidation in the county, directed towards the petitioner's supporters both before and since the election, and that, if the particulars were given, the witnesses would be intimidated from giving evidence. 

Sir Thomas Burke made up his mind to go with his family to reside abroad. He and Mr. Concannon, a solicitor of Tuam, swore that, as they had been informed, some of the clergy had denounced from the altar such persons as might come forward as witnesses; and Pierce Joyce and P. O' Hara swore that strenuous efforts were being made to deter witnesses from appearing. Mr. Concannon, continuing, said that eight persons had been sent for trial to the Assizes, for violence towards the petitioner's supporters since the polling and that at the hearing of their case at Petty Sessions, forty extra police were ordered to attend by the Resident Magistrate. He had been informed also, byMr. Thomas Roe, that his carriage had been stoned since the election. Mr Bowles swore that he had been hooted by the mob since the election, and when going home was told by two men who were inside the road ditch that were it night he would never get home alive. The Earl of Westmeath swore that he had received a notice that he would be shot if he voted for Trench, or did not vote for Nolan, and that he had been told that his pew in Gurrane Chapel was broken up, and he deposed that, as he believed, had been done in consequence of his having supported the petitioner. 

Captain Nolan and his conducting agent T. Higgins, swore that so far as related to acts done by them, the allegations in the petition were untrue. Sebastian Nolan swore that he had heard from the Bishop of Clonfert that Lord Westmeath's pew had only been removed and that the Bishop believed it was done by Trench's supporters. Martin McDonnell, merchant of Dunmore, and J. O' Shaughnessy, J.P., swore that to their knowledge, there was no appearance of intimidation - which was corroborated by M. S Nolan. They also denied on oath that pressure was used to deter witnesses from coming forward, and no references had been made to the election in the chapels which they frequented. 

Judge Keogh's Report

Judge Keogh in his report stated that he found 36 persons guilty of undue influence and intimidation. These included Captain John Philip Nolan; his brother Sebastian Nolan; the Archbishop of Tuam (Dr. MacHale); the Bishop of Clonfert (Dr. Duggan); the Bishop of Galway (Dr. McEvilly); the Rev. Patrick Loftus; the Rev. Bartholomew Quinn, Parish Priest of Craughwell, the Rev. James Staunton, Parish Priest of Clarenbridge; the Rev. Thomas Considine for the intimidating words alleged to have been spoken by him at a public meeting in Gort and Tiernevan; the Rev. John Kenny, Administrator, for intimidating words at Kilchrist Catholic Church and also with threatening one Laurence Mangan with loss of custom on account of supporting Captain Trench, and with writing an intimidating letter to Robert Power to influence his vote; the Rev. Patrick Coen for putting three electors named Forde, Donohue, and Hinds, out of Kilconickney Church, in order to influence their vote and the votes of others, and with speaking intimidating words at Kilcomeran Church; the Rev. Francis Forde with procuring and inciting others to waylay and threaten violence to George Morris, an elector, and with speaking intimidating words at Kinvara Church; the Rev. James Furlong with using intimidating words at Meelick Catholic Church; and the following priests with, on various dates, between the 7th January and the 4th February 1782, speaking intimidating words at their various churches; the Rev. Jerome Fahy, Parish Priest, Ballindereen; the Rev. Malachy Green, Parish Priest, Clontuskert; the Rev. William McGauran, Parish Priest, Ballygar; the Rev. Michael Byrne, Parish Priest, Cappataggle; the Rev. James Madden, Parish Priest, Woodford; the Rev. Eugene White, Catholic Curate, Caltra; the Rev. C. Galvin, Catholic Curate, Kilgerril; the Rev. William Manning, Catholic Curate, Kilconnel; and the Rev. Patrick Cannon, Ganauin - the two latter with using intimidating language, the first at a public meeting at Ballinasloe, the second at a public meeting in Portumna. These bishops and priests Judge Keogh reported, 

"by threats and denunciations of temporal and spiritual punishment, uttered during or immediately after Divine service from the altars of their respective places of worship and otherwise as detailed in the evidence, intimidated and unduly influenced great numbers of the Roman Catholic electors to vote for John Philip Nolan, or to refrain voting against him. And, further, it was proved that numbers of such electors who had promised to vote for William le Poer Trench afterwards had been compelled to vote for John Philip Nolan, or to refrain from voting for William le Poer Trench, and had avowed that they were so compelled by intimidation and undue influence." 

He found that the Archbishop of Tuam and the Bishop of Galway were guilty of undue influence but added that it was not proven that these prelates had sanctioned or taken part in the denunciations. He also reported that the Rev. Patrick J. O'Brien, parish priest in the Archdiocese of Tuam, who had been the proposer of Captain Nolan had publicly announced on the morning of the polling at the polling place in Tuam, to a Protestant gentleman, who had voted for Trench, that "there would not be a hair of his head disturbed - that nothing would be done to him." 

The Attorney-General for Ireland in the House of Commons, on Monday, the 22nd July 1872, referring to Judge Keogh's report, declared, 

"that there is evidence in my opinion sufficient to support a prosecution of a number of persons ... There are 36 names in all mentioned ... The Peter Conway is since dead ... I have arrived at the conclusion that there are grounds for prosecuting 24 of these persons ... The Most Reverend Patrick Duggan, Roman Catholic Bishop of Clonfert, for undue influence; also Captain John Philip Nolan and Sebastian Nolan, his brother; and in addition to these, 19 clergymen, except three - The Rev. Peter Conway (dead), The Rev. Timothy Keevie and the Rev. Francis Kenny. I think there are sufficient grounds to place these parties on their trial before a jury." 

The judgement and the report, with his remarks on the bishops and priests, were assailed from many different quarters. To legal expert and layman alike it was thought that the language of the judgement had an ulterior motive. In press and on platform it was asked whether judges would not be wise simply to do as juries did and state no reasons for their decisions. It was considered that it would have been amply sufficient for all legal purposes if Keogh had unseated Captain Nolan and reported certain persons to Parliament as having been guilty of offences within the Corrupt Practices Prevention Act. Keogh not only exceeded the bounds of good taste and discretion, but in delivering the judgement which he did, acted corruptly himself, and should have been removed from office. 

Keogh's reputation was, since the days of the "Pope's Brass Band ", a disreputable one. After his judgement his effigy was burned in broad daylight in Nassau Street, Dublin; in Tralee by 100 men of the Kerry Regiment of Militia; in Galway, Cork, Limerick, Waterford, Drogheda, Newry and Belfast. His reaction to the general ostracism was to go all "Orange" at the Assizes, and his address to the Grand Jury of Derry on his last appearance in court would have done great credit to the Worshipful Master of any Orange Lodge. 

Reports in Newspapers

The Times, commenting on the trial, states, 

"No private prosecutor would have ventured into court with such a case as that against Dr. Duggan - a case in which the conclusion was foregone in favour of the defendant." 

A correspondent of The Daily News stated 

"It (the trial) may throw a light upon these remarkable proceedings to state that the special jurors were selected from the county, under Lord O'Hagan's Act, which came into force during the first week of the present year (1873). This measure lowered the qualification to such an extent that tenants came into the box where landlords used to be found. Every day it has been evident that some of the jurors have come, like Cincinnatus, direct from the plough, and it has been a standing source of mirth, to hear learned counsel gravely appeal to the historical knowledge and classical attainments of these humble farmers, of whom our friend Michael Clark, of 'Penny Rowl' fame, may be taken as a type. As to the practical result of this new Act, I am assured that under the former system these State prosecutions - at least the first two - might have had a different termination. As a rule, the old juries would have been Protestant and Conservatives; now the rule is that they are Catholics and Liberal." 

In an editorial The Daily News states, 

"No reasonable being could doubt for a moment that Dr. Duggan, Bishop of Clonfert, would be acquitted of the charge preferred against him in regard to the Galway Election; but the scene which took place ... in the Irish Court of Queen's Bench seems to have astonished even those most accustomed to ebullitions of enthusiasm on the part of our brethren across the water. The Foreman of the Jury was so agitated that the clerk had to read out the verdict. Then round after round of hurrahs, we are told, broke forth from the crowd assembled in court. Several of the jurymen waved their hats; and one of them testified to his emotion by copious weeping. A lady went into hysterics; but that may have been on account of the noise, which was taken up and prolonged out of doors, so that it resembled our reporter telegraphs, the roaring of the sea. These demonstrations were perhaps natural enough, although there never was any chance that the Bishop would be convicted on the evidence of the man Carter. 'Anathema, anathema shall be hurled at any person who will not do as I recommend or as my clergymen direct' these were the dreadful words which Dr. Duggan was accused of having uttered. It was pretty conclusively proved, however, that the Most Reverend Prelate had never said anything so wicked; while the antecedents of the witness Carter, who testified against him, were not such as to lend gravity to the accusation. Whatever may be thought of the Galway Election trials as a whole there is no doubt at all that Dr. Duggan was properly acquitted."
 
The trial of the Galway Election Petition lasted over 50 days, and the costs as furnished amounted to 8,144 which were reduced on taxation to 4,402 2s. 10d. 

A brief note on the Genealogy of Judge Keogh

From a very early period the sept of MacKeogh was located in Connacht, and should be distinguished from the Keoghs of the County Wicklow, though the names of both septs were often spelt in the same way. Under the year 1479, the Annals of the Four Masters record the death of Fergal MacKeogh, a "good poet." Under the year 1534, there is also recorded the death of "Maolmuire MacKeogh, the intended chief professor poetry in Leinster, a man of learning and of extensive knowledge in poetry, and who kept a good house of hospitality." In the attainders of the year 1642 are to be found the names of Thomas MacMaolmuire MacKehoe, or Keogh, and William MacShane MacFarrel MacKehoe, of Knockandaragh, County of Wicklow. In 1691, John Keagoh, or Keogh of Ballymuraroe, County Wicklow and his cousin, Humphrey Keogh, of Ballybeddin, in the County of Wexford, were outlawed and attainted, in consequent of their attachment to their religion and country. 

Of the Connacht line of this family was William Keogh of Corkip, in the county of Roscommon. Of this line also was Dr. Teige Keogh, Bishop of Clonfert. Duelling was then in vogue, and William Keogh and Robert Blake-Forster of Bath having quarrelled met, as was then the custom, on the Fifteen Acres, Phoenix Park, Dublin. After exchanging shots their seconds having interfered, they left the field on friendly terms. William Keogh, who was highly esteemed in the Counties of Roscommon and Galway, married Mary, daughter of Andrew Ffrench of Rahoon, and had, with other issue, the Right Hon. William Keogh. 

Note on Sir Thomas Burke of Marble Hill

Sir Thomas John Burke, 3rd Bart., sometime a Captain in the 1st Royals, succeeded his father at Marble Hill, and sat as an independent Liberal Member of Parliament for the County of Galway for eighteen years. He broke through the family traditions. He was best known for his love of sport, and his connection with the Turf is preserved through the Marble Hill Stakes annually run for at the Curragh. He has been described as "a genial, handsome man, exceedingly popular with the country people, but by no means as prudent and business like as his father." He married Lady Mary Nugent, daughter of Anthony, 9th Earl of Westmeath, and died in 1875. 

Judge O'Connor Morris, a descendant of the first Sir Thomas Burke, in Memories and Thoughts of a Life, describes his ancestor as "a very shrewd man." 

"The fortunes," he writes,"of this family throw light also on the social state of Ireland in the last century. The Irish Catholics though proscribed by law and cabined and confined in every walk of life, produced nevertheless many able men, and adversity quickened perhaps their energies. They made a great deal of money in trade, in spite of the hindrances which beset their path, and when the penal laws were slowly relaxed, they gradually acquired large landed possessions. This was the case with the Father of (the first) Sir Thomas Burke; he began life as a mere Galway squire, but the American war raised the price of stock, and made Cork an immense market, and he died the owner of considerable estates."