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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).

Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.

The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.

Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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The Battle of Ballymore-Eustace

The Battle of Ballymore-Eustace is one of the events in the United Irish rebellion of 1798. It takes place on May 24, 1798, after the stationing of the 9th Dragoons, and members of the Tyrone, Antrim and Armagh Militias at Ballymore-Eustace in County Kildare near the border with County Wicklow on May 10. The town has been recently garrisoned by almost 200 soldiers and militia who have been sent to repress sedition in the area. The troops have been dispersed in billets among the populace as per counter-insurgency practice of “free-quarters” where responsibility for the provisioning and sheltering of militia is foisted onto the populace. During this time a quantity of arms are surrendered and letters of protection issued.

On May 23, one hundred twenty soldiers are recalled, leaving a garrison of around 80 men. At around 1:00 a.m. on May 24, the rebel force of approximately 200 attack the town. As in the attacks on Naas and Prosperous, the rebels seek to surprise and overwhelm the garrison by coordinated attacks before it can react and rally against them. The houses containing troops of the 9th Dragoons and the Tyrone Militia are to be attacked simultaneously.

However, the attack on garrison headquarters is miscarried due to lack of coordination and numbers so that the building becomes a rallying point for the Government troops. Captain Beevor is attacked in his own bedchamber by two rebels. Lieutenant Parkinson and some dragoons come to his aid and both rebels are slain. Other isolated billets are attacked but some units manage to cut themselves free and fight their way through the streets to the headquarters. A number of properties, including the Protestant church, are set on fire.

For two hours, the rebels attack the strongpoint but, without artillery, are unable to take the building and lose many men in the process. The momentum has by now slipped away from the rebels and they draw off their attack leaving behind around 50 dead but at a cost to the garrison of at least 12 dead and 5 wounded.

The battle leads directly to the Dunlavin Green executions, in which fears of a possible rebel attack on the garrison at nearby Dunlavin lead to the summary execution of rebel prisoners.


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The Battle of Prosperous

The Battle of Prosperous, a military engagement between British Crown forces and United Irishmen rebels, takes place in the town of Prosperous, County Kildare, on May 24, 1798, during the Irish Rebellion of 1798.

Prosperous is founded by Sir Robert Brooke in 1780 as a village for processing cotton produced in the Americas. When a rebellion spearheaded by the United Irishmen breaks out against British rule in Ireland, rebel forces led by John Esmonde make plans to capture Prosperous. Esmonde has 200 rebels under his command, while Prosperous is garrisoned by elements of the Royal Cork City Militia under the command of Captain Richard Swayne and reinforced by detachments of a Welsh mounted fencible regiment, the Ancient British Regiment of Fencible Cavalry Dragoons (also known as the Ancient Britons), numbering 150 men in all.

On May 24, 1798, Esmonde leads his forces to attack Prosperous. Their entry is preceded by the infiltration of a small rebel vanguard, who with the possible help of female sympathisers residing in Prosperous, scale the walls of the town’s barracks, kill the sentries and open the town gates. The barracks are quickly surrounded and attacked by the rebels who repulse an attempt by the garrison to break out. “Swayne himself was surprised in bed, shot and piked to death and his body burned in a tar barrel.” The remainder of the garrison are trapped in the upper floors of the barracks, which is set on fire by the rebels, causing them to jump in desperation onto the ground below, where they are summarily executed with pikes. While the rebels suffer no known casualties, approximately 40 members of the garrison are killed in the battle.

Ten members of the garrison, all belonging to the Ancient Britons, manage to escape from Prosperous to Dunlavin, County Wicklow, where they participate in the Dunlavin Green executions on May 26. Esmonde is later captured by Crown forces and brought to Dublin for trial. As he had previously enlisted at the rank of lieutenant in the Clane Yeomanry, Esmonde is court-martialled on June 13 and found guilty of being a deserter. He is executed by hanging on June 14 on Carlisle Bridge (now the O’Connell Bridge) with his coat being worn reversed to indicate that he had been convicted of desertion. Prosperous remains under the control of the United Irishmen until June 19, when a detachment of the 5th Dragoon Guards under the command of Lieutenant Colonel Stewart recaptures the town.


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The Dunlavin Green Executions

dunlavin-green-monumentThe Dunlavin Green executions, the summary execution of 36 suspected rebel prisoners in County Wicklow by the British military shortly after the outbreak of the Irish Rebellion of 1798, take place on May 26, 1798. There are several accounts of the events, recorded at differing times and differing in detail.

The British government had begun raising yeomanry forces from the local Irish population in 1796. The force, composed of both Catholics and Protestants, was raised to help defend against a possible French invasion of Ireland and to aid in the policing of the country. The Society of United Irishmen have long threatened a rebellion in Ireland, which finally occurs in late May 1798. Major uprisings of the rebellion only occur in Ulster, Wicklow and Wexford, a county in the province of Leinster. For several months prior to May 1798, Wicklow and many other areas of the country have been subject to martial law which had been imposed in an effort to prevent the long threatened rebellion.

The campaign extends against the military itself as some corps of yeomen and militia, especially those with Catholic members, are suspected as United Irish infiltrators who have joined to get training and arms. Several days after the outbreak of the rebellion, the yeomanry and militia at Dunlavin are called out on parade and informed by their commanding officer that he has information on the identities of those in the corps who are affiliated with the United Irishmen among them. The British do not actually have such information, but twenty-eight fall for their bluff and come forward in hopes of receiving clemency.

Those who come forward are immediately arrested and imprisoned while several are subjected to flogging in an effort to extract information about the rebels plans and organization. Those who are outed as affiliates of the United Irishmen are imprisoned in the Market House of Dunlavin, while the British officers decide what to do with them.

The following day, Captain William Ryves of the Rathsallagh yeomanry has his horse shot from under him by rebels while on patrol. Ryves rides to Dunlavin the next day and brings eight suspected rebels imprisoned by his corps with him. There he meets with Captain Saunders of the Saunders-grove yeomanry. It is decided that their prisoners, a total of 36 men, should be put to death. On May 26, Market Day, the 36 are taken to the green, lined up and shot in front of the townspeople, including, in some cases, their own families.

The firing squad returns to the Market House where others are flogged or hanged. Before the bodies of the shot men are removed, soldiers’ wives loot them of valuables. The bodies are either removed for burial by their families or interred in a common grave at Tournant cemetery. One man survives, despite grievous wounds, and lives to “an advanced age.” Two more men, either hanging or about to be, are saved by the intervention of a “respectable Protestant” and escape.

One loyalist account details the events leading up to the execution differently. According to this account, Captain Ryves, a yeomanry commander at Dunlavin, receives word that a large number of rebels are set to attack Dunlavin and he observes that many Protestant houses have been set on fire in the surrounding countryside. Under the circumstances, he expects that the rebels’ intention is a pogrom of Protestants and loyalists in the town and its environs. A foray by the troops into the countryside fails and the garrison’s officers are aware that they are outnumbered by the prisoners held in the Market House.

The executions appear to have been motivated by simple revenge and intimidation, rather than fear of the prisoners and the ongoing rebellion. Though the public exhibition may have been designed to intimidate and discourage rebels in the immediate area from taking to the field, news of the executions, as well as those at Carnew spread rapidly and play a part in the rapid mobilization of rebels in northern County Wexford over the next few days.

The story of Dunlavin Green is quickly commemorated in the famous ballad “Dunlavin Green,” which tells the story from the view of a sympathetic local eyewitness. In 1998, a commemorative stone was installed in St. Nicholas of Myra Roman Catholic church, adjacent to the green.