Aghada Hall, co. Cork.

Aghada  Hall was, apparently, a large  Georgian house designed by the Cork architect  Abraham Hargrave (1755-1808); though it seems to bea comfortable gentleman’s residence rather than a vast mansion.” It was completed in 1808. John Roche was also responsible for the start of the Aghada National School in 1819.

It’s time to revise this post quite a lot, and I am extremely grateful for a Thackwell grandson for the photos of the house. For the purposes of clarity, I’m going to call it Aghada Hall. John Roche, (17??- 1829) who had it built referred to it as Aghada House, but it was later referred to as Aghada Hall. Tony Harpur, a local historian in Cork sent me the following:

“The first edition Ordnance Survey map names the house as Aghada House (c1840). The house was named in the Ordnance Survey map of the early 20th century as Aghada Hall and was noted as being ‘in ruins’ – this is probably some time in the early 1930s because although a major survey was carried out by the Ordnance Survey before 1914, additional information was added to the map from a survey of 1935-1938.”

aghada-hall
Aghada Hall, side view

In the 1911 Irish census, Aghada Hall  was described as a first class house with 9 windows in the front, and 8 rooms occupied by the family, and 15 outbuildings. Edwin (or Edward – he used both) Penrose-Thackwell was also listed as the owner of a two room cottages, one three room, and one four room cottage, nearby.

The estate seems to be a substantial working farm. The main house had two stables, a coach house, harness room; three cow houses, a calf house, and a dairy. It also had a piggery, fowl house, boiling house, barn, shed, and a store. 

Fifty-four year old Edwin was living in the main house with a substantial staff, Thomas and Lavinia Buckley, who were married, were the butler, and housemaid respectively. They also had fifty-five year old Mary Flynn, the cook, and a dairymaid, parlourmaid, and kitchenmaid, all in their twenties.

In addition, to the main house, James Scanlon the gardener (48) and his wife were in the two room cottage. Ernest Jones (32), and his wife Gertrude (30) and their eight year old son were in the four room cottage, along with Gertrude’s twenty-five year old sister. Ernest was the chauffeur, and Ernie and Gertie had been married 11 years.  Finally, there were eight members of the Murphy family in the three room cottage. Edmond Murphy and his wife with three daughters, and three sons. All four men, Edmond (50), Denis (22), Edmond (16), and Patrick (15) are general labourers, presumably working on the estate.

The gardener and chauffeur’s houses, both had a shed and fowl house, and the Murphys had a piggery, and fowl house.

aghada-hall-2
Aghada Hall, front

John Roche who built the house,  “amassed great wealth during the French wars”, according to “Barrymore Records of the Barrys of County Cork”  published in 1902. He was Ernest O’Bryen’s great grandfather, and made quite significant efforts to establish some sort of Roche dynasty to maintain the family name, and the house that he had built for himself.

There were three significant beneficiaries of John Roche’s will of 1826, with a later codicil. They were his nephews James Joseph Roche, and William Roche; they seem to be cousins rather than brothers. The third main beneficiary was John Roche’s eldest grandson, John Roche O’Bryen. The total estate amounted to about £ 30,000 when John Roche died in 1829, the modern day equivalent of £45,720,000.00.

The house and land was left to James, and his male heirs, first of all, and then William, who also inherited £ 10,000, “in case of his not coming into possession of the estate by the means before-mentioned,  I leave him  £6,000″ plus John’s grand-daughter, Jane O’Brien’s ……  £4,000 £4 per cent. stock ;” . Jane O’Bryen, John Roche’s granddaughter was married to his nephew William Roche, and their daughter Pauline Roche inherited their share as a one year old orphan. The final third was John Roche O’Bryen’s  £ 10,000, presumably in the expectation that a male Roche heir would inherit the house and land.

John Roche O’Bryen,  and Jane O’Bryen were Catholic. All their  five remaining younger siblings were Church of Ireland. JROB and Jane/William Roche are the only O’Bryen beneficiaries of John Roche’s estate. The O’Bryen siblings are John Roche’s only grandchildren.

John Roche also left  a series of £ 100 legacies (present-day £ 150,000)  to various sisters, and nephews and nieces, and “To the parish of Aghada, I leave the school-house, and £20 ( £ 30,000) a-year for its support, and also the chapel and priest’s house  I leave to the parish rent-free for ever, as long as they shall be used for such qualified purposes ; the five slate houses I built in the village, I leave to five of the poorest families rent free ; to David Coughlan I leave the house he now lives in during his life ; to my servant, James Tracy   I leave the house his wife now lives in;  and to my wife’s servant, Mary Ahearne, otherwise Finne, her house rent-free during their lives ; and to each of those three, viz.,David Coughlan, James Tracy, and Mary Ahearne,  otherwise Finne, I leave £10 (£15,000) a-year during their lives :”

Lower Aghada
Lower  Aghada

Aghada  is a small fishing town situated to the south-east of Cork city in County Cork, Ireland. Aghada parish consists of several small villages and townlands including  Rostellan, Farsid, Upper Aghada, Lower Aghada, Whitegate, Guileen and Ballinrostig.

The estate, and the provisions of John Roche’s will were part of a court case, and appeal in 1848, and 1849. (Hillary Term 1848, Mary O’Brien v James Roche and William Roche…lands of Aghada [Mitchelstown Cork]… and Roche v. O’Brien —Feb. 1, 2. 1849) following the death of James Joseph Roche in 1847.  William Roche had died in 1836, and James Joseph Roche, and his family were living there until James’s death in 1847. The house appeared to have briefly in the possession of Henry Hewitt O’Bryen Junior, one of the younger O’Bryen siblings in the early 1850’s.

The house and land were sold in July 1853 in the Encumbered Estates Court, as part of the estates of James Joseph Roche, and William Roche, with Mary (Maria Josepha)  and Eleanor Roche listed as owners, and Pauline Roche as ex parte.  [The Encumbered Estates’ Court was established  to facilitate the sale of Irish estates whose owners were unable to meet their obligations. It was given authority to sell estates on application from either the owner or an encumbrancer (somebody who had a claim on it) and, after the sale, distribute the proceeds among the creditors, granting clear title to the new owners.]  The house was bought by Major General Sir Joseph Lucas Thackwell in 1853, and remained in the Thackwell family until at least 1911. Henry Hewitt O’Bryen does still seem to be a significant landowner in the area, so may well have kept some of the land.

thumb_entrance-to-aghada-hall_1024Most traces of Aghada Hall seem to have disappeared, apart from signs of a walled garden, half  an entrance and a small gatehouse.  The old sheds and stables have apparently been converted into houses.

Major General Sir Joseph Lucas  Thackwell had married Maria Audriah Roche (from the Trabolgan branch of the Roche family) in 1825. She was the eldest daughter of Francis Roche of Rochemount, County Cork (an uncle of Edmond Roche, 1st Baron Fermoy). This, incidentally, made Maria Thackwell, a first cousin, five-times removed of Diana, Princess of Wales. They had four sons and three daughters.  She should not to be confused with Maria Josepha Roche, who was James Joseph Roche’s daughter, and one of the parties to the 1848/9 court cases.

In a final twist, The Cork Examiner,reported on the 25th January 1860, having picked up the story from the Illustrated London News that:

“The will of the late celebrated General Sir Joseph Thackwell, G.C.B., has just been proved. By a codicil, dated the day before his death, he deprives his eldest son, Captain (Edward Joseph) Thackwell, the author of the “Second Sikh War, in 184-89,” [sic] and now a barrister at law, of all the property left him in a former will, including Aghada Hall, Cork, and Conneragh House, Waterford, and gives it to trustees in trust for his grandchildren, who must be educated in the tenets of the Protestant religion. Captain Thackwell had been received into the Roman Catholic Church only a short time previous to Sir Joseph’s decease.”

There seem to have been about nine grandchildren; all either the children of Edward Joseph Thackwell (1827, d. 1903), or his younger brother Major-General William de Wilton Roche Thackwell (1834–1910).  Edward Joseph’s son, Lt.-Col. Joseph Edward Lucas Thackwell (1853-1886) had four sons, and one daughter, who seemed to be the major beneficiaries, or users of the Irish houses. His son Walter Joseph de Rupe Thackwell was described as “now of Aghada,” in Burke’s Landed Gentry in 1894, and a younger son Captain Edward Hillyar Roche Thackwell, was living at the house in Waterford in 1911.

However Major William de Wilton Roche Thackwell (1834-1910), and his wife Charlotte Tomkinson seem to have lived in Aghada Hall, at least some of the time until 1894. Their eldest daughter Katherine Harriet Thackwell (1866 – 1950) married Col. Edward (or Edwin) Rawdon Penrose  in 1891, and they celebrated their wedding there. Katherine, and Edward added Thackwell to the family surname by 1911, most probably after the death of Katherine’s father in 1910, becoming Penrose-Thackwell from then on.

Kitty_Pope_Hennessy
Kitty Pope Hennessy

The only significant grandchild not to have a notable link to the house is William WR’s  only son Edward Francis Thackwell (1868 -1935) but that was most probably because he had married Kitty Pope-Hennessy on Feb 3 1894 at Rostellan Castle in Cork. She was a forty-four year old widow, and he was twenty six. He was a year older than her eldest son who died young, and three, and seven, years older than his step-sons.

It was probably a Catholic wedding, thus excluding Edward from the provisions of his grandfather’s will, but the pain may have been slightly ameliorated by his wife’s thirty room castle, with the sixty one outbuildings, including  seventeen stables, three coach houses, two harness rooms, and twenty cow houses. All of two and a half miles from Aghada Hall.

It is still not entirely clear when the house was demolished.

Sir Joseph Thackwell 1781- 1859

sir-joseph-thackwell
Sir Joseph Thackwell GCB KH

Sir Joseph Thackwell GCB KH (1 February 1781 – 9 April 1859) enters the story because he bought  Aghada Hall in 1853, when it was sold following the death of James Joseph Roche, and the O’Brien v. Roche court cases in 1849.

Joseph Thackwell was born on 1 February 1781 at Rye Court, in Worcestershire. He was the fourth son of John Thackwell and Judith Duffy.  The Thackwells had been landed gentry in Gloucestershire, and Worcestershire  since at least the middle of the C17th. John Thackwell, JP, “of Rye Court,Moreton Court, and Birtsmorton Court in Worcestershire”, Joseph’s father died 1808. Nash, writing towards the end of the 18th century, remarked that ‘the Thackwells have now a good estate in this parish.’   The parish being Berrow in Worstershire.

The 15th Light Dragoons at the Battle of Sahagun 21 December 1808

He was commissioned as a Cornet in the Worcester Fencible Cavalry in 1798, was promoted to lieutenant in September 1799, and served in Ireland until the regiment was disbanded in 1800. He joined the 15th Light Dragoons, becoming a Captain in 1807. He served with the 15th Hussars in the Peninsular War at the Battle of Sahagún in 1808 and the Battle of Vitoria in 1813, and he 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.

The 15th Hussars were at the Peterloo massacre in Manchester in 1817. So he may well have been at Peterloo. According to the Manchester Observer, “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” calling out “For shame! For shame! Gentlemen: forbear, forbear! The people cannot get away!” 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. He was almost as senior as Lieutenant Colonel Guy L’Estrange [the commanding officer on the day] , but, as a brevet (honorary) lieutenant-colonel, didn’t out-rank him on the 16th August.

military-memoirs-of-jtThe regiment had been split up in 1817, and occupied various country quarters until it was reformed in 1821. So he may not have been there, it is certainly not mentioned in “The Military Memoirs of Lieut-General Sir Joseph Thackwell” published in 1908, which has quite an extensive about riots in Nottingham in 1831, where the 15th Hussars were supporting the civil power.

He could have been at Peterloo, or perhaps not,  either way, a year after the massacre, he was in command of the regiment for the following twelve years, up to 1832.

Joseph Thackwell was very much a career soldier, with brief pauses, he served almost fifty seven years in the Army.  It’s quite a thought that almost forty years of that service was with only one arm. He was made Lieutenant-Colonel of the 15th Light Hussars on 15 June 1820, and commanded the regiment from 1820 to 1832. He then served in India, commanding the cavalry in the First Anglo-Afghan War of 1838–89, and at the Battle of Sobraon in the First Anglo-Sikh War of 1845–46, and at the Battle of Chillianwala and Battle of Gujrat in the Second Anglo-Sikh War of 1848-9. He also commanded the 3rd The King’s Own Dragoons, was colonel of the 16th Lancers, and was appointed Inspector-General of Cavalry, replacing HRH the Duke of Cambridge (1819-1904).

His final promotion was to Lieutenant General on 20th June 1854, aged 73, as part of the Inspector-General of Cavalry appointment, although he had been seeking a cavalry command in the Crimean War. The appointment lasted less than a year, and he was replaced as Inspector-General on the 1st February 1855 by Major-General Lord Cardigan, fresh from the Crimea, and the debacle of the Charge of the Light Brigade. Cardigan’s appointment was political, and a reward for what was initially regarded as heroic behaviour, and poor old Sir Joe was the rather un-thanked casualty of Cardigan’s reward.

royal-hospital-chelsea
Royal Hospital Chelsea

Sir Joe was offered the Lieutenant-Governorship of the Royal Hospital at Chelsea, but declined it, and finally retired to Aghada for the remaining three years of his life.

He had married Maria Audriah Roche, eldest daughter of Francis Roche of Rochemount, County Cork, who was a great uncle of Edmond Roche, 1st Baron Fermoy, on 29 July 1825.  Joseph was forty-four years old, she was nineteen.  Maria Thackwell was, therefore, a first cousin, five-times removed of Diana, Princess of Wales. Sir Joseph bought Cherrymount House, at Templemichael, co. Waterford,  in 1852, and Aghada Hall in co. Cork, the following year 1853. He died in Ireland on the 9th April 1859, aged 77, probably at Aghada Hall, and was buried on 14 April 1859 at Corkbeg cemetery, co. Cork, and Maria, who survived him by fifteen years, was buried there in June 1874. She was 68.

Joe and Maria had four sons and three daughters.

  • Edward Joseph Thackwell  b. 1827, d. 1903
  • Major-General William de Wilton Roche Thackwell (1834–1910) 
  • Osbert Dabitôt Thackwell (1837–1858), unmarried aged twenty one.
  • Francis John Roche Thackwell, ( ????-1869) unmarried ?
  • Elizabeth Cranbourne Thackwell
  • Annie Esther Thackwell m. Rev T.P.Little vicar of The Edge, Gloucs. d.1902
  •  Maria Roche Thackwell m. Lieut-Col James Bennett

 He was invested as a Knight, Order of Hanover (K.H.) in 1834, well technically admitted to the Third Class of the Hanoverian Guelphic Order, on his retirement from the 15th Hussars. He was made a Companion of the Order of the Bath (C.B.) in July 1837, a month after Queen Victoria’s accession to the throne, as part of his promotion to a Major-General in India, and then finally, on his retirement, made a Knight Grand Cross of the Most Honourable Military Order of the Bath (G.C.B.) in 1849, on the recommendation of the Duke of Wellington. To quote from his memoirs.

‘On the 17th May the Duke of Wellington wrote to Sir Joseph Thackwell acquainting him that- “The Secretary of State has, upon my recommendation, submitted to the Queen your appointment to be a Knight Grand Cross of the Most Honourable Military Order of the Bath, of which Her Majesty has been graciously pleased to approve.” In reply Sir Joseph said- “To be promoted to the highest military honour is most flattering to the pride of an old soldier, and to have been recommended to Her Most Gracious Majesty’s favour by your Grace, under whose guiding wand I served some campaigns, is a matter of congratulation of which I may well be proud”.’

His four sons became officers in the British Army, though in Edward Joseph’s case, it was only briefly before he was called to the Bar. His second son, Major-General William de Wilton Roche Thackwell (1834–1910), served in the Crimean War and in Egypt in 1882. His third son, Osbert Dabitôt Thackwell (1837–1858), was lieutenant in the 15th Bengal Native Infantry. He was killed in the street in Lucknow,by some of the sepoys on 20 March 1858, following its siege, and capture. Final day of fighting before its recapture. He was twenty-one years old. His fourth son, Francis John Roche Thackwell, served in the Royal Irish Lancers, and died in India in 1869 from wounds inflicted by a tiger.

joseph-edwin-thackwell-cb-1813-1900
Joseph Edwin Thackwell, CB (1813-1900)

His nephew Joseph Edwin Thackwell, CB (1813-1900) also served in the British Army, serving as Aide-de-Camp to his uncle when commanding the Meerut Division in India in 1852–53; he also served in the Crimean War, and also became a lieutenant general. His brother-in-law,  Edmund Roche 3rd Hussars, also served as his Aide-de-Camp, and also became a general. Edmund Roche’s only daughter Caroline Matilda Georgiana Roche [Sir Joe’s niece]  married Sir Joe’s grandson Lt.-Col. Joseph Edward Lucas Thackwell.

It is not entirely clear yet whether the girls had children, but the eldest two sons definitely did; Edward Joseph Thackwell  (1827-1903) had four sons, and a daughter, and Major-General William de Wilton Roche Thackwell (1834–1910) had one son, and two, probably three daughters.

All of Edward Joseph Thackwell’s sons also had army careers, and most of his grandsons served in the army, if only relatively briefly. The one standout Thackwell son who didn’t serve in the army unlike his father, grandfather, uncles, and cousins is William W. R. Thackwell’s son, Edward Francis Thackwell (1868 -1935) who had married  Kitty Pope-Hennessey in 1894. Is he the black sheep of that generation?

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.

When cutting seaweed was a crime – 1843

James Joseph Roche, the Chairman of the magistrates in this case, is the nephew of John Roche, and in 1843 was living in Aghada Hall. He’s Ernest O’Bryen‘s first cousin twice removed.

(Cork Examiner 5/5/1843) –

CLOYNE PETTY SESSIONS – WEDNESDAY – CUTTING SEA-WEED – (FROM OUR REPORTER) – Presiding Magistrate-SAMUEL W. ADAMS, Chairman, JAS. J. ROCHE, R. G. ADAMS, THOMAS G. DURDIN, and JOSEPH HAYNES, Esqrs.

Glengarriff-Harbour-Co-Cork-Ireland-RP-Postcard-0835This being the day appointed by the Magistrates to investigate into the right of the public at large to cut sea-weed on Corkbeg and Trabolgan strands, great numbers of country-people assembled at the Court-house, and appeared most anxious to be present at and be informed as to the result of the trial. At an early hour the Court-house was thronged with listeners, and but for the judicious arrangements made by the magistrates, great inconvenience might have resulted from the vast number present on the occasion.

Besides the Magistrates on the bench several other respectable persons were in attendance, amongst whom were E. B. Roche, Esq., M. P., and Robert U. Penrose Fitzgerald, Esq. 

Bartholomew Dennehy, John Hart, Michael Cotter, Patrick Kirby, Simon Kennedy, William Hart, J. Dennehy, William Cronin, and John Cronin, appeared on the summons of Michael Hallinan to show cause why a penalty not exceeding £5 should not be inflicted on them, under the provisions of the malicious trespass Act, 9 Geo. 4, cap 56, for having cut seaweed on the 13th of April at Corkbeg strand.

Mr. Scannell appeared as Counsel for the complainant, and Mr. Nagle as Agent, and Mr. Walsh appeared on behalf of the defendants. – Mr. Scannell said that this was a prosecution instituted under the , 9 Geo. 4, cap 56, sec. 30, which was framed for the purpose of enabling parties to punish persons for committing a malicious injury who would not be solvent marks for an action in the higher Courts. That section enabled the Magistrates to award a reasonable compensation for the injury sustained, but it should not exceed £5. That Act however, contained a proviso, that the party complained of should not be fined or punished, if he did the act under a reasonable supposition that he was authorised in doing it. Sea Weed was becoming a most valuable property and he was ready to prove Mr. Fitzgerald’s title to the weed growing on the Corkbeg strand, by a patent granted by Charles the II. Mr. Scannell then cited several cases from the 5th Term Reports, Nunn and Walsh and several other law authorities, to prove that the case came within the malicious trespass act.

Carrigline beachMichael Hallinan was called and examined at some length by Mr. Scannell. He proved that the defendant had cut seaweed above low-water mark; he saw them go to the place in boats. Cross-examined by Mr. Walsh – I often saw men cutting weed there for the last 30 years; will not swear that other boats were on the same spot and cut weed, but as long as I remember, I have seen boats coming from Seamount cutting weed below low-water mark; the description of weed they cut was lawn clout; each of those men were cutting lawn clouts on that day; they grow high and dry on the rock when the tide is out and some of them are a foot and some two feet long, the same as ourselves grow (laughter); I did not see slings there on that day, but boys had them the day after. To Mr. Scannell – Power was not looking at the persons cutting the weed within low-water mark nor did he know they were cutting it. To Mr. Walsh – I would not swear that within 30 years Power or his people did not see them cutting the weed.

Maurice Uniack examined by Mr. Scannell – I know the strand under Carlisle over 20 years and the line of rocks lying above low water mark; was taking care of the weed for the late Col. Fitzgerald and when any boats took it, it was against my consent. Cross-examined by Mr. Walsh – I don’t know the spot where those boats were cutting the weed; the people were prevented for the last 20 years from cutting weed there by Colonel Fitzgerald; as I never saw any person cutting weed there who did not pay for it; Mr. Fitzgerald lets the strand early in the season, and any person that cut it, took it from the tenant. To Mr. Scannell – The strand has been let for the last 20 years.

The case for the prosecution having closed, Mr. Walsh put it to the Bench whether they had evidence of Power having the strand from any person or that he let it to Hallinan. The Chairman thought there was not sufficient evidence of it.

John Power proved that he took part of the strand from Mr. Cox for £7 a year, who got it from Mr. Fitzgerald. Cross-examined by Mr. Walsh – I kept part of the strand and let the remainder to Hallinan; they were cutting the weed against my will, but as the boat was not marked, I could not tell the names of the owners. Mr. Cox examined by Mr. Scannell – I know this strand which I took from Mr. Fitzgerald, and let part of it to Power. Cross-examined by Mr. Walsh – There was writing between me and Mr. Fitzgerald, on taking it.

Mr. Scannell then produced a lease which Mr. Walsh contended was but an agreement for a lease and that as the rent was £100, there should be £1 15s. stamp to it. Mr. Scannell stated that it was stamped within the last six days in Dublin. The validity of the lease was allowed after a long argument. Mr. Cox, cross-examined by Mr. Walsh – It was for the purpose of establishing the right I took the strand; I had the strand three years before this prosecution.

Mr. Walsh said that his clients were only summoned last night, and he had not time to look at his papers or prepare for the defence. Mr. Adams – Do you claim an adjournment? Mr. Walsh – Yes, until next court day, that I may consult with the law officers of the Crown. Mr. Fitzgerald – But the weed will be cut in the interim. Mr. Walsh – But the poor people must have fair play. Mr. Fitzgerald – I will give them no fair play when they have no title to it.

Mr. Walsh wished to have time to frame their defence, and he would undertake that the persons from that district would not cut the weed until this day week. His object was to get the advice of the law officers of the crown on the matter. Mr. Fitzgerald – Here is the opinion of the law officer of the crown (handing a paper). Mr. Walsh – But you should remember that the opinion of Mr. Green is at variance with Mr. Monaghan who gave an opinion on a case similar to this which Mr. Jagoe admitted was a failure. Mr. Nagle – Mr. O’Connell’s opinion is that the weed growing between high and low water mark is private property. Mr. Jagoe said that in cases of this description, where a patent was produced or a judgement against the parties, the Magistrates were bound to receive it. Mr. Scannell – And that is just what I am going to do. Mr. Scannell then produced a grant of Charles the 2nd to Garrett Fitzgerald of the lands of Corkbeg.

Mr. Nagle produced a conviction granted at the suit of Patrick Geary against James Corkeran for a trespass on that strand, for which he was fined 7s. 6d. Mr. Walsh contended that the patent did not grant the sea shore, but 600 acres profitable land. Mr. Adams did not see what land could be more profitable than the strand. Mr. Walsh objected to their reading the sea shore as profitable land, but land which is cultivated.

Mr. Fitzgerald – What do you say to the right of fishing? Mr. Walsh – That is an appurtenance to the land because it is on the sea. Mr. Nagle – There are 971 acres mentioned in another part of the patent.

Mr. Walsh said there were three kinds of land, terra firma, sea-shore and bottom; the subject can exercise a right over the sea shore between high and low water mark. Mr. Adams stated that Mr. Green’s opinion said that the shore was the property of the Crown between high and low water mark, but it was sometimes vested in the subject. Mr. Walsh agreed with him, but a grant had been produced in this case. If no grant had been produced they might assume that it was his property by exercising an ownership over it. That patent being produced, the Crown granted only 600 acres of profitable land by it. They were well aware that in old grants, the sea shore was not denominated profitable land, and the sea shore being land it could not be held as an appurtenance to land. Mr. Walsh then cited several cases from Barnwall and Creswell, Hall and Butler’s Reports, to prove that land could not be held as an appurtenance to land. He then contended that they could not assume, from his exercising acts of ownership, that the patent granted more than it was found to grant on its production. He submitted that as the sea shore was not granted by the patent, it raised the magistrates right of jurisdiction. Mr. Adams – You will not say that your client could go there against the prescriptive right in the Corkbeg family.

After some further arrangement, Mr. Walsh then contended that they should dismiss the case without entering into the claim of right at all. Were they to assume that those parties who cut the weed for thirty years would now ipso facto set up a fictitious supposition to having a right. He called on them to let the party try their civil right in another Court. Notwithstanding what has been said in the law books respecting their jurisdiction, they sat there like so many chief justices and tried the prescriptive right and a patent; and he called on them to adjudicate on the matter without legal assistance. It was better for them either to let the party try his civil right or else take informations and return them over to the Assistant Barrister’s Court.Mr. Adams suggested that the men should go and cut the weed tomorrow and let them be tried at the Sessions. Mr. Walsh was satisfied. Mr. Scannell – But no indictment could be framed unless there was a charge of violence.

Mr. Walsh was satisfied to allow information to be taken for using violence, and let the right be tried by the Assistant Barrister. The Court would not allow this and, Mr. Walsh said, he would now call on John Harty to give evidence. Mr. Scannell objected to his being examined as he was one of those summoned. The Court after a long argument would not permit the examination of the witness. The Chairman at length announced the decision of the Bench to be that they should be fined 10s. each or in case of non-payment to 1 month’s imprisonment in the House of Correction. Mr. Walsh requested them to impose a lighter fine. The Chairman declined doing so, as they would fine them much more heavily but for something that appeared on the trial.

Timothy Kiely, John Scannell, John Flynn Jun., John Enright, J. Flynn Sen., Thomas Barry and James Sliny, appeared on the summons of Richard Collins, to shew cause why they should not be convicted in a penalty of £5 under the malicious trespass act, for having cut a weed at Trabolgan on the 15th of April. Mr. Jagoe said that in this case he would proceed to prove his prescriptive right.

Michael Fitzgerald examined by Mr. Jagoe – Swore that he was at the strand of Trabolgan on the 15th of April and saw Enright pulling the weeds of the rock at half ebb tide; I desired him to go away but he desired me to mind my own business. Cross-examined by Mr. Walsh – He was standing on the dry rock pulling the weed and throwing it into the boat; John Scannell, Timothy Kiely and Thomas Barry were in the boat; when the tide would be out the place the boat was would be dry; I saw him push away the boat which was in, raised there by the water; he pushed her away with an oar; there were other boats there but they were further out to sea; Paddy Cashman and I went out to see if the strand under the rock would be dry at low water; he went off the rock almost immediately after being desired; would not swear that the weed he took was worth a halfpenny.

James Collins proved having seen Enright cutting the weed on the 15th of April, but did not think he cut 6d worth; he was cutting it on the strand about half way between high and low water mark.

Edward Sisk stated that he was never six months out of Trabolgan since he was born, and remembered Col. Roche setting the strand to Ahern in 1777, and no person ever attempted to trespass on it; it was held since by several persons and then the Ahern’s got it again; since 1837, when it was given up by Russell it was set in lots. To Mr. Walsh – Does not know on what part of the strand those men were cutting the weed.

The case for the prosecution having closed, Mr. Walsh considered that the evidence was clear that what the defendant cut was above low water mark, and he had no case on which he could raise an objection as to Mr. Roche’s right to the strand. However there was no evidence as to the value of the weed cut. The Chairman said that he conjectured that it was worth 2d. Mr. Walsh contended that in a criminal case they could not convict on a conjecture. Mr. Scannell believed the witness swore it was worth 2d at least.

Mr. Roche confessed he was anxious to convict Enright because he was one of a body he convicted before, and let off on a promise of not coming again. He was ready to let off the others on the conviction of one, as they were instigated to do the act in consequence of the feeling being abroad that it was not firm property. If they would plead guilty, he would let them off on a nominal penalty, as he had proved his property, and was not anxious to punish them.    Mr. Scannell wished to have them plead guilty and not be called in for judgement unless they trespassed again. Mr. Walsh would have no objection to that course, if Mr. Roche’s own eyes were on them, and could decide whether they were above or below low water mark. He would consent to Mr. Roche’s proposition to have them fined a penny each on a promise they would not go there again. Mr. Roche – That is what I have done.

The Court then fined the parties one penny each, and then being informed that six of those who were fined 10s. each had declined paying the penalty, warrants were made out, and they were transmitted to the County gaol to be imprisoned for one month.

Aghada House 1

Lower Aghada
Lower Aghada

Aghada  is a small fishing town situated to the south-east of Cork city in County Cork, Ireland. Aghada parish consists of several small villages and townlands including  Rostellan, Farsid, Upper Aghada, Lower Aghada, Whitegate, Guileen and Ballinrostig.

Aghada  House was, apparently, a large  Georgian house designed by the Cork architect  Abraham Hargrave (1755-1808), and built for John Roche  (Ernest O’Bryen’s great grandfather) . It was completed in 1808. John Roche was also responsible for the start of the Aghada National School in 1819. John Roche appears to have left his house to his nephews, James Joseph Roche, and William Roche, who were, I think, cousins rather than brothers. William Roche died in 1836, and James Joseph and his family were living there until James’s death in 1847.

The estate, and the provisions of John Roche’s will were part of a court case, and appeal in 1848, and 1849. (Hillary Term 1848, Mary O’Brien v James Roche and William Roche…lands of Aghada [Mitchelstown Cork]… and Roche v. O’Brien —Feb. 1, 2. 1849) following the death of James Joseph Roche in 1847. 

The house and land were sold in July 1853 in the Encumbered Estates Court, as part of the estates of Joseph Roche, and William Roche, with Mary (Maria Josepha)  and Eleanor Roche listed as owners, and Pauline Roche as ex parte.

Entrance to Aghada Hall
Entrance to Aghada Hall

Most traces of Aghada Hall House seem to have disappeared, apart from signs of a walled garden, half  an entrance and a small gatehouse.  The old sheds and stables have been converted into houses.

The house appeared to have briefly in the possession of Henry Hewitt O’Bryen, and was then bought by Major General Sir Joseph Lucas Thackwell in 1853.  Thackwell had married Maria Audriah Roche (from the Trabolgan branch of the Roche family) in 1825. She was the eldest daughter of Francis Roche of Rochemount, County Cork (an uncle of Edmond Roche, 1st Baron Fermoy). They had four sons and three daughters.  She should not to be confused with Maria Josepha Roche, who was James Joseph Roche’s daughter, and one of the parties to the 1848/9 court cases.

The house was left to their son Major William de Wilton Roche Thackwell (1834-1910). He married Charlotte (daughter of Rev. Tomkinson).  William R. Thackwell lived in Aghada Hall house until 1894.Their eldest daughter Katherine Harriet Thackwell married Col. Edward Rawdon Penrose who in 1891 changed his surname by Royal Licence to Thackwell.  There is an account of their wedding on the Housetorian website.

It is still not entirely clear when the house was demolished.

Aghada Co. Cork, in 1837

From A Topographical Dictionary of Ireland, by Samuel Lewis 1837

AGHADA, or AHADA, a parish, partly in the barony of BARRYMORE, but chiefly in that of IMOKILLY, county of CORK, and province of MUNSTER, 4 miles (S. W. by W.) from Cloyne; containing 2512 inhabitants. This parish, which includes the small fishing village of Whitegate, is situated on the south side of Cork harbour, and on the road from Cloyne to Carlisle Fort. The village of Aghada occupies an elevated site, and contains the parish church and R. C. chapel. The village of Whitegate is a small fishing port, where several boats are employed in raising sand from the harbour, which is used for manure. On the north side of the parish a neat small pier has been constructed by subscription, where a steam-boat from Cork or Cove calls every Tuesday during the summer, and where coal and sand are occasionally landed. About 50 females are employed in platting Tuscan straw for exportation, and a few in platting the crested dog’s tail, or “traneen,” grass found here. The parish comprises 2331 statute acres, as applotted under the tithe act: the greater part is under tillage, and nearly the whole of the remainder is pasture; there is very little waste land or bog.

At Whitegate are two quarries of stone used for building. There are several handsome houses within its limits: the principal are Aghada House, the residence of J. Roche, Esq.(James Joseph Roche); Whitegate House, of Mrs. Blakeney Fitzgerald; Careystown, of Mrs. Atkin; Hadwell Lodge, of J. Penrose, Esq.; Hadwell, of the Rev. Dr. Austen; Maryland House, of J. Haynes, Esq.; Rathcourcy, of J. Smith, Esq.; and the glebe-house, of the Rev. J. Gore. There is a coast-guard station at East Ferry. The living is a rectory and vicarage, in the diocese of Cloyne; it was united in the reign of Chas. II. to the rectories and vicarages of Corkbeg, Rostellan, Inch, and Kilteskin or Titeskin, which, from the time of Bishop Crow, in the reign of Anne, were held in commendam by the Bishop of Cloyne, till the death of Dr. Brinkley in 1835, when they were disunited by the Ecclesiastical Commissioners, and made separate benefices, in the patronage of the Crown: the tithes amount to £292. 15. 6. The church, a neat structure, situated on an eminence above the harbour of Cove, was erected in 1812. The glebe-house adjoins it, and for its erection the late Board of First Fruits, in 1814, granted a loan of £1000 and a gift of £100: the glebe comprises 20 acres of profitable land.

In the R. C. divisions the parish forms the head of a union or district, also called Saleen, which comprises the parishes of Aghada, Rostellan, Corkbeg, Inch, and Garranekenefeck, and contains three chapels, situated respectively in Aghada, Rostellan, and Inch; the first is a small plain edifice, built by the late John Roche, Esq., who, in 1818, founded a school. The parochial school at Farcet was founded by the late Bishop Brinkley, who endowed it with two acres of land from the glebe, and is further supported by the Marchioness of Thomond. A school at Whitegate Hill was founded in 1827, for 50 boys, by the late R. U. Fitzgerald, Esq., who endowed it with £500; and female and infants’ schools have been built and are supported by his widow, Mrs. Blakeney Fitzgerald. In these schools about 100 boys and 50 girls receive instruction: there are also two private schools, in which are about 50 boys and 40 girls. In the village of Aghada are the picturesque ruins of the old church.