THE BALLYGARRON MURDERS

On the night of the 24th of June 1810 a farmer and his wife were killed at Ballygarron. An amazing injustice followed the murders and three more innocent people were killed. The following is based on the details of the case which appeared in the Waterford Chronicle in 1811 and 1812.

Timothy and Mary Collins had moved from Cork to Ballygarron, which is between Kilmacthomas and Waterford City. The other members of the family were Timothy's brothers, James and John, John's wife and Patrick Mullins, a servant boy. The tragedy started when the Collins family were woken by angry voices demanding that they open the door of their little house. As Timothy Collins opened the door he was instantly shot in the head. His assailants then burst into the house and started shooting and beating the startled inhabitants. James Collins was shot in the back and in the hand. He was then beaten unconscious. Lying in the same bed was his brother John, who was also badly beaten , but John remained conscious and later gave an account of what happened that night. He had seen men and horses in the moonlight as Timothy had opened the door. The men were in the house before he and his brother could get out of the bed. As he lay injured he could hear the screams of his sister-in-law, Mary Collins, and he could hear Patrick Mullins crying. When the attackers left they blocked the door from the outside and set the thatched roof on fire. As the smoke built up in room John Collins charged at the door and forced it open. He dragged James and the boy out of the burning house. Returning to the smoke filled room, he was unable to find his sister-in-law. He shouted out but there was no reply. Mary Collins body was not recovered from the flames. John's own wife had not been in the house that night. She had gone to visit her father in Duckspool, Dungarvan.

Two weeks after the murders, Patrick Brien of Bawnrath, Duckspool, Dungarvan, the brother-in-law of John Collins, confessed to a magistrate that he had been involved in the outrage. He then incriminated six other men. At the Waterford Summer Assizes of 1810 four of these men where tried for murder. Thomas Kearney, Michael Farrell, Robert Magrath and Maurice Brien, no relation to Patrick Brien, were in the dock facing the death sentence. Patrick Brien gave evidence for the Crown in exchange for a pardon for himself and his brother, Morgan Brien. The other man named by Patrick Brien was still uncaptured. He was John Brien, who was also known as Captain Wheeler. John Brien was the brother of Maurice Brien.

At the trial before Judge Daly, Thomas Cooke opened the case for the Crown. John Collins described what happened on the night of the murders. When cross examined by the defending council, T. Driscol, John Collins said three of the accused were friends of his. They were his "Gossips". Kearney, the local blacksmith ,assisted in bringing his brother James to the Leper Hospital next day. Michael Farrall, a tailor, worked for the family and was a friend of the family. Robert Magrath was "a poor labourer but an honest man." Collins said it was dark that night but if the accuses were his attackers he would have recognised their voices. He did not think the accused were guilty.

Patrick Brien was then examined by the Crown. He claimed that on the day of the murders he had been drinking at the Sport House public house near Sugarloaf Hill with John Brien alias Captain Wheeler. They both had two pots of beer. After leaving the Sport House John Brien showed Patrick Brien a gun and said if he did not go with him to Ballygarran he would shoot him. They were later joined by Patrick Brien's brother Morgan Brien. The three then robbed Edmond Dunphy of a grey mare on the Bonmahon road. Later they were joined by the four accused. Maurice Brien said to his brother John Brien that they were a long time coming. John Brien replied "he was striving to bring these rogues with him all night." Before they went to the Collins house they robbed Robert Burns of two saddles. When the group arrived at the Collins house Patrick Brien claimed he and his brother Morgan Brien looked after the horses. They did not go into the house. John Brien shot Timothy Collins and then the other defendants followed him into the house. After they left the house Farrall blocked the door and Kearney set the thatch on fire.

Patrick Brien was then questioned by the defence. Why had he not given evidence to a magistrate before he was captured ? He was frightened of the defendants. Driscol, the defending council, then questioned Patrick Brien's motives for giving evidence for the prosecution.

Driscol -You are very fond of your relations, Paddy. Did you not get off your brother Morgan ?
Brien - I don't know whether I did or not.
Driscol -Where were you before you came here to prosecute today ?
Brien - In the goaler's house, but not in goal.
Driscol - "You are a sort of gentleman at large not a prisoner.

Having established that Patrick Brien was giving evidence in exchange for a pardon, the defence went on to show that he would stop at nothing to save his neck. Patrick Brien's sister was the wife of John Collins. On the night of the murders his sister was staying with her parents in Abbeyside,Dungarvan. Brien was reminded that his sister could have been in the burning house and he was asked what would he have done if she had been there.

Brien - I would not dare to tell them not to burn the house; if I said such a thing they would kill me.
Driscol - If your mother was in the house, would you see her burnt without trying to save her ?
Brien - I would not get myself killed to save anyone.
Driscol - What would you do if your father was in there ?
Brien - I'd like to save my father if I could but I'd rather the world would be burnt than myself.

Edmond Dunphy gave evidence that he was attacked and robbed the night of the murder by four men, one of whom was called Wheeler. This had occurred on the Bonmahon Road. He was knocked off his horse by a blow from the butt of a gun. Wheeler attempted to shoot him while he lay on the ground, but his gun misfired. His grey mare was then taken.

Robert Burn lived about two miles from the Collins house. He stated to the court that he was attacked at his house by three people. They took two saddles from him. One of the men was called Wheeler.

 The defence brought forward character witnesses for the accused. The jury then retired to consider the above evidence. After conferring all night they were unable to agree on a verdict. They were discharged by Judge Daly and a new trial was organised.

 The second trial took place at Waterford Spring Assizes for 1811. Patrick Brien again stated that he only took part in the outrage because he was forced to by John Brien, who coverted his sister, John Collin's wife. Although the Collins family had lived in Ballygarran for 18 years they were originally from Cork and John Brien told Patrick Brien that he should not have a sister married to a Cork man. John Brien would get rid of John Collins, but he would have to help him. If Patrick Brien did not help then his father would be killed. Patrick Brien was then asked where his sister was at present. He said his mother and sister were in goal for robbery.

James Collins was too ill to give evidence at the first trial. He now said the persons on trial were not his attackers. When he heard the voices calling for his brother he had looked over the top of the door. In the moonlight he saw Patrick O'Brien and two other men. He had then gone back to bed.

The defence pointed out that none of the four defendants had tried to run away after the murders. They were all taken in their homes. James Collins, examined by councillor King for the defence, said none of the persons on trial were his attackers. But he did recognise Patrick Brien as one of the attackers. He had not given evidence at the first trial because he was out of his senses. W.G.Paul, Magistrate, said he had examined James Collins after the murder and although he was weak he had his senses and he said he knew none of the attackers. The defence then brought forward John Archell, who was Patrick Brien's uncle. Archell said his nephew could not be trusted to tell the truth and "he had always been an idle boy and had often stolen from him." He had recently prosecuted his own sister, Patrick Brien's mother, for robbery.

Mary Brien, a neighbour of the Collins family, then gave damning evidence against the accused. Brien was unmarried but had a child by Timothy Collins. At sunrise she had seen the dead bodies lying near the smouldering building. She said she was deeply affected by what she had seen and she would be glad to punish anyone involved in the deaths. The accused, she said, often went about together with a gun at night.

The Waterford Chronicle reporter present in court described Judge Maynes' address to the Jury as "one of the most perspicuous, impartial and able charges ever delivered from the Bench; he recapitulated the whole of the evidence with an accuracy and minuteness that left nothing untouched and pointed out with an extreme precision every circumstance that bore with any efficacy either for or against the unhappy men at the bar. " The Judge was frequently interrupted by the accused as he addressed the jury. They protested their innocence. Kearney waved a bible and swore he had nothing to do with the murders. It had no effect. The jury then retired and after a deliberation of about half an hour, brought in a verdict of guilty against all the prisoners.

We do not know what the judge said to the jury or what aspect of the evidence turned the jury against the defendants. But on the basis of the evidence detailed in the Waterford Chronicle it seems an incredible verdict. After the jury's verdict the judge sentenced the four defendants to be hanged. The final scenes were vividly described in the Waterford Chronicle : "On the removal of the prisoners from the Court, their relatives and friends were heard to utter the most piercing lamentations, and the scene was such as deeply and awfully to impress even the most callous heart; but what was it, compared to the midnight horrors at Ballygarron !"

Nearly two years after the four man were hanged the truth came out. John Brien, alias Captain Wheeler, was captured in Cork, hiding in a chimney, by Fitzmaurice, a magistrate. At the Waterford Spring Assizes in 1812 Brien was tried for his life. He made no attempt at a defence. He said he was "sorry for not having given himself up before - as by this means he might have saved the life of four innocent men." One of the men he could have saved from the gallows was his own brother - Maurice Brien. The hanged men were according to Brien "as innocent as the child that was born last night." The only other men involved were the brothers Patrick Brien and Morgan Brien and "the Devil laid a heavy hand on him, the day he became acquainted with them." The whole affair was planned by Patrick Brien who wanted to destroy the Collins family. He had joined in because Patrick Brien and his sister, John Collins' wife, told him that the Collins family were going to give evidence to a magistrate against him. That evidence would hang him for a crime he did not commit. He was also offered a share of the spoils and the hand of Brien's sister, once her husband John Collins had been killed.

Before he passed the death sentence on John Brien, Judge George said "the crime had been prompted by the union of lust and cruelty, two of the most degrading passions that can deform the human soul. It had often fallen to his lot to perform the painful duty of pronouncing the sentence of death on his unfortunate fellow creatures, but in no instance had a scene of wickedness and barbarity come before his observation. I consider the preservation of John Collins from the horrible death to which the prisoner supposed he had consigned him, as a fresh evidence of that overruling Providence, which seldom permits such dreadful crimes to go unpunished. That tongue which he imagined he had silenced for ever, had been preserved to speak for his condemnation."

 John Brien was hanged immediately after his trial and his body was given to the surgeons for dissection. His mother and sister then appeared before Judge George on a charge of attempted murder. Since the hanging of the four innocent men Patrick Brien had been held in Waterford Jail. Bridget and Ann Brien approached James Power, Patrick Brien's gaoler, and offered him £5 to put poison in Brien's beer. Power played along with them. Where would he get the poison ? The women said they would obtain it. All he had to do was slip it into Brien's drink. Bridget Bryan said Patrick Brien had caused her innocent son - Maurice Brien - to be hanged. When the Briens gave the poison to Power they were arrested. At the trial their guilt was obvious. There were several respectable witnesses who gave evidence against them. But instead a death sentence they were given their freedom. The jury, no doubt disgusted at the part Patrick Brien had played in the whole affair, found the pair not guilty.

What became of Patrick Brien? The name appeared quite often in later reports of crimes. But as can be seen from the above the name Brien was common in Co Waterford and I don't know if these reports refer to the same Patrick Brien. A Patrick Bryan was mentioned in the following Waterford Chronicle account of the Waterford Spring Assizes : "Patrick Bryan, indicted for proposing to one Thomas Clancy to murder Arthur Kiely Esq. and a person of the name of Tobin, was acquitted, there being no prosecution. He was remanded to goal, being under a rule of transportation as a vagabond since last Assizes. "A Patrick Brien was murdered at Ballykerogue in a gang fight in October 1833. Brendan Kiely refers to this murder and gives an account of the fighting between the Poleen and Gow gangs in his fascinating book "The Connerys." A Morgan Brien, from Stradbally, sighed a petition for Tenants Rights which was published around 1850.