Captain Richard Hugh Smith-Barry 1823-1894

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

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

Fota House 2
Fota House, co. Cork

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

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

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

Richard and Georgina Smith-Barry had five children;

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

William Barry and Pauline Roche’s children

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

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

Carrigtwohill
Fota Island, Carrigtwohill

Lineage:

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

Barryscourt Castle, Carrigtwohill

The ninth son was Patrick Barry.  

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

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

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

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

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

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

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

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

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

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

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

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

Henrietta, b. 1873/4,unmarried

Kate. b 1879 unmarried.

Pauline Roche (1835 -1894)

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

Barryscourt Castle,Co.Cork

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mary has two daughters with Cecil Smith-Barry.

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

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

A total of 24 outbuildings

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

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

Poor little rich girl – Pauline Roche 1835 – 1894

I love Pauline Roche, she’s the sort of relation everyone should have in their family history. Her story is so bizarre that it reads like a novel.

She is John Roche’s great-granddaughter, and in an unintended way, one of the major beneficiaries of his will, at her marriage, she was said to have about £7,000 (roughly £ 7.5m today). So to set her in context; Pauline Roche is Ernest O’Bryen‘s first cousin on her mother’s side. Her mother Jane is John Roche O’Bryen‘s eldest sister. She is also his second cousin on her father’s side, because William Roche, Pauline’s father is their ( Jane and John Roche O’Bryen) first cousin once removed.

Vatican City Bridge and St Peters
Vatican City Bridge and St Peters

Pauline was born in Rome in 1835, and her father died the same year, when she was three months old. Her mother died the following year (1836) when she was eleven months old. She becomes John Roche O’Bryen’s ward for not entirely clear reasons.

However, JROB is her uncle, and only he, and Jane O’Bryen were Catholic. All their remaining siblings are Church of Ireland. JROB and Jane/William Roche are the only O’Bryen beneficiaries of John Roche’s estate. It is also reasonable to consider other factors.  In 1836, John Roche O’Bryen is married with two young children, Emily who is four, and Henry (the future Mgr O’Bryen) who is almost exactly the same age as Pauline. None of the other O’Bryen siblings have established families, Robert marries that year, and Stephen the year after. 1836 is also the year that Henry Hewitt O’Bryen Senior dies, so Pauline’s grandmother Mary O’Bryen is a recent widow.

It may also be as simple as the fact that John Roche O’Bryen is almost twice as rich as all his remaining siblings, and mother put together.  Robert, Stephen, and Mary O’Bryen were the main beneficiaries from their father’s will, but the majority of their inheritance was from their parents’  £4,000 marriage settlement, which Mary (Roche) O’Bryen was still benefitting from until her death in  1852; whereas JROB had inherited £ 10,000 from his grandfather in1829. Well, technically he received the income from the money in 4% stock, with his children being the ultimate beneficiaries of the capital on his death, with a number of caveats regarding him receiving the full benefits until he was twenty five, or married. In part, that might explain, his marriage at the age of twenty one, in Bordeaux. Wealth comparisons are notoriously complicated, the measuring worth website can be useful because it provides a range of calculations and comparisons depending on what you are looking for. Using their income value calculation, JROB’s annual income was, a present day equivalent of, over £ 500,000 a year.

Anyway, for what ever reasons, Pauline is part of the O’Bryen family, and is shown living with them in Bristol in 1841, and again in 1851.

Lower Aghada
Lower Aghada, co . Cork
Bellevue, Clifton, Bristol

However in 1847, James Joseph Roche dies, triggering a dispute in the family that culminates in Roche v. O’Brien which goes through the courts in 1848, and 1849. James Joseph Roche was the main beneficiary of John Roche’s will from 1826. It is quite clear that John Roche was attempting to build a Roche dynasty to maintain the family name, and the house that he had built for himself  (Aghada House).   James Joseph Roche, who inherited Aghada from John Roche, married Catherine Callaghan. The marriage itself has all the appearances of being at least in part a commercial link between two merchant families. John Roche’s will refers to his contribution of £4,000 to a marriage settlement in 1821. Coincidently, the same amount, that he contributed to his own daughter’s marriage settlement in 1807.  John Roche “amassed great wealth during the French wars”, and Daniel Callaghan Senior was, “one of the most enterprising and successful merchants of Cork”.  Pauline as a minor of 12 or 13, is a party to the case. Aghada House, and the land was sold in 1853 in the Encumbered Estates Court, with Pauline Roche listed ex parte.

This is where the story gets much, much, more interesting. In 1854, aged about 19, Pauline runs away from home in Bristol, crosses the Irish Sea to her uncle Robert O’Bryen in Cork, and goes to court seeking a change of guardian. It all sounds relatively straightforward, and even better it’s all over the papers, well some of them anyway, The Daily News, in London, the Dublin Evening Post, The Liverpool Mercury and Supplement, and  The Tralee Chronicle.

The Daily News called it a “A singular minor case, involving charges of cruelty against a guardian”, The Dublin Evening Post said it was an “EXTRAORDINARY CASE…..the question at present before the court being whether the guardian of the minor should pay the costs of proceedings consequent upon an alleged system of cruelty practised towards her.”  The Liverpool Mercury headlined the story the “PERSECUTION OF A WARD IN CHANCERY” and the Tralee Chronicle said  “The general nature of the charge against the late guardian appeared to be this – that although he was allowed from 1850 a maintenance of £ 130 per annum, this young lady was not properly fed – had been most cruelly treated and subjected to personal violence.”

Pauline Roche’s maintenance allowance of £ 130 per annum, was a huge sum of money. In modern day terms, it is about £ 180,000 a year. Not bad for a teenager, and possibly quite irritating to your uncle that you are entitled to an equivalent of about thirty per cent of the O’Bryen household income. JROB’s income from the interest on capital is about £ 500,000 p.a.

The reporting is amusing, and shows the Victorian press weren’t so different from todays. The  Dublin Evening Post  manages to muddle up which uncle Pauline runs off to, and the Tralee Chronicle not only gets the uncles wrong, but also has Pauline being mistreated by ” Dr Robert O’Brien, of Belfast”.

However, the gist of the story is still Pauline wants a new guardian, and she says she’s been mistreated. Actually, if her story is true, it’s much worse than that. According to the Daily News, “Miss Roche was a young lady whose constitution was delicate, and therefore, it was contended she required great care and attention, instead of which she was provided with bad food, bad clothes, and was deprived of such necessaries as sugar and butter; she was likewise deprived of horse exercise, which was indispensable to her health. A pony, the bequest of a dying patient…….” –  I particularly like the fact that this was a gift from a dying patient – “was given to her; and when she was deprived of this, a carriage horse was procured, which kicked her off his back, and she refused ever again to mount him. She also complained that upon two occasions he (guardian) beat her severely – that he made her a housekeeper and governess to the younger children, that he led her to believe she was dependent upon his benevolence; and further, that she was not permitted to dine with him and his wife, but sent down to the kitchen with the children and the servants.”

carriage horseThe Dublin Evening Post told us ” she was provided with bad food, bad clothes, and was deprived of such necessaries as sugar and butter; she was likewise deprived of horse exercises which was indispensable to her health………..” and in his answer to the allegations.. “Dr O’Bryen replied that he had treated his niece with kindness – that her preservation from consumption was solely ascribable to his judicious and skilful treatment – that he caused her to be well educated, had given her many accomplishments and a horse to ride, which was not a carriage horse but an excellent lady’s horse – that she upon two occasions told him untruths which required correction, and that he would have punished his own children much more severely.”

And in a fairly un-subtle piece of character assassination;  It was likewise contended that she would have better consulted her own respectability and displayed better taste, if she had abstained from taking such proceedings against her uncle and guardian with whom she had been for so many years.”

The Dublin Evening Post continues, and the story just gets worse. From the reporting, the (Irish) Master of the Rolls, is clearly on Pauline’s side. He “said that a petition was presented by Mr Orpin, the solicitor for the minor, for the purpose of removing the late guardian for misconduct. His lordship made an order on that occasion to the effect that the minor should reside within the jurisdiction of the court, which was indirectly removing her from the protection of the late guardian.”

It continued “The general nature of the charge against the late guardian appeared to be this – that although he was allowed from 1850 a maintenance of  £139 per annum, this young lady was not properly clothed – that she had not been properly fed – had been most cruelly treated and subjected to personal violence. Six or seven years ago she was actually driven to run away, which of course she had since been obliged to repent, and even if she did get education it was the education of a poor relation of the family. The governess who was employed to educate her cousins swore, as he (the Master of the Rolls) understood, that if the minor did get education it was at the expense of the guardian, and that she gave her instructions as a matter of charity. This young lady was obliged to run away, and conceal herself in a neighbouring village, and no person who looked at the subsequent transactions could entertain a doubt but that she had been treated with cruelty. It was sworn by Mr Sweeny, a solicitor of the court, that he was ashamed to walk with her she was so badly dressed.”

The mauling from the Master of the Rolls continued, ” The Master found, and it was actually admitted by the respondent ( JROB) , that he told her on one occasion, her father had left her nothing; that she would be in the poorhouse but for his generosity. He (the Master of the Rolls) adverted to this circumstance  for the purpose of asking this gentleman who struck this young lady, in delicate health, with a horsewhip for having told him, as he represented an untruth – what punishment he deserved for having told her the falsehood that her father had left her nothing?”

letterAnd it just goes on, and on.. ” On the morning of the 4th of May 1854, the transaction took place which led her to write the first letter to her uncle who was now her guardian. It appeared that one of her cousins brought her a piece of leather which the child had got in the study of the late guardian, but not telling her anything about it she asked her to cover a ball, and she did so. He interrogated her on the subject, and having denied she took the leather, he took his horsewhip and struck this delicate young lady a blow which left a severe mark on her back to the present day. His lordship then read the letter of the minor to her uncle in Cork inquiring about her father’s circumstances, and complaining bitterly of the treatment she had received, and stating that, though she was then nineteen years of age, she had no pocket money except a little which had been supplied by friends. His lordship continued to say that the facts contained in that letter were corroborated by the statements of the guardian himself. On another occasion, the minor being in the room with her uncle, his powder-flask was mislaid, and being naturally anxious about it, as there were younger children living in the house, he asked this young lady respecting it, but she laughed at his anxiety, and he struck her a blow, according to his own version, with his open hand, but after the blow of the horsewhip, he (the Master of the Rolls) was inclined to think it was with his fist as she represented.”

So, a doctor in Bristol, in his mid-forties, who admitted in court that “she, upon two occasions, told him untruths which required correction” which seems to have been using his horse whip, and fists, and that  ” he would have punished his own children much more severely.” basically attacks  a teenage girl.

Now the Dublin Evening Post continues in the same vein, ” The general nature of the charge against the late guardian appeared to be this – that although he was allowed from 1850 a maintenance of £ 130 per annum, this young lady was not properly fed – had been most cruelly treated and subjected to personal violence. This young lady was obliged to run away, and conceal herself in a neighbouring village, and no person who looked at the subsequent transactions could entertain a doubt that she had been treated with cruelty. It was perfectly clear that this young lady had been kept ignorant up to a late period of the state of her circumstances.”

And the catalogue of criticism from the Master of the Rolls just continues, and continues. More from the Dublin Evening Post:

  • “Six or seven years ago she was actually driven to run away, which of course she had since been obliged to repent,”
  • “The Master (of the Rolls)…..found that the minor, who was in her nineteenth year,  dined with the servants.”
  • “The Master (of the Rolls) found, and it was actually admitted by the respondent, that he told her on one occasion her father had left her nothing; that she would be in the poorhouse but for his generosity.” 
  • “She got half a pound of butter for a week, but no sugar or any of those matters which were considered by mere menials to be the necessaries of life.”
  • “On the 9th of October a letter was written, by the dictation of this young lady, giving the most exaggerated account of her happiness, and this was alleged to be her voluntary act, though by the same post Mr Orpin (her solicitor) received a letter from her stating that she was under the influence of her aunt when she wrote it.”

And finally, though they get the uncles the wrong way round:

  • “Ultimately, in the absence of her uncle, and late guardian, and apprehending his anger when he returned, she left the house and went to reside with her uncle John (sic) in Cork, her present guardian. A circumstance occurred when Mr Robert O’Bryen (sic) went to recover possession of his ward, which corroborated strongly the minor’s statement. When he was passing through Cork, she was looking out of the window and fainted upon seeing him – so much frightened was she at his very appearance.”

There is a full transcript of the newspaper reports, here.  JROB’s defence of his behaviour is quite extraordinary,and also included in the transcripts. It is something I’ll come back to in another post. It is quite clearly carefully planned, and done with the support of the editor of the Bristol Mercury. The italics for inference are printed in the paper, so it is definitely planned with some care, and not just a letter to the editor.

It’s also a classic example of bad PR probably making things worse. In a taster of things to come, JROB starts his letter with the Latin tag “Audi alterum partem” best translated as “let the other side be heard as well”, and finishes with “Fiat Justitia, ruat caelum”  – “Let justice be done though the heavens fall”. This was most famously used by Lord Mansfield in 1772 in the first major English case on the legality of slavery.

So pompous, self-serving, and an astonishing attack in print on a teenager. Still, greater consideration of that is for another time.

Back to Pauline; she stayed in Ireland, and was married two years later in 1857, aged about 21. According to the “Barrymore Records of the Barrys of County Cork”   “Pauline Roche, (is the) only child of William Roche, son of Lawrence Roche, whose brother, John Roche, amassed great wealth during the French wars, and built Aghada House. John Roche’s only daughter, married to ” O’Brien, (sic) [Henry Hewitt O’Bryen]  of Whitepoint, Queenstown, J.P., left a daughter, who married her cousin, William Roche, and with her husband died shortly after the birth of their only daughter, Pauline, who was entrusted to the guardianship of her uncle, Dr. O’Brien, of Liverpool, and at marriage had a fortune of  £ 7,000.”

Pauline Roche married William Henry Barry, of Ballyadam, who was described as a gentleman. He was also a Justice of the Peace. William was his uncle Henry’s heir and was for many years postmaster of Cork. The Barrys of Ballyadam were part of the vast, interconnected Barry family in Cork. William Henry was  the grandson of William Barry (1757 -1824) , of Rockville, Carrigtwohill, in county Cork. Various branches of the Barry family trace themselves back to the Anglo-Norman invasion of Ireland in the C12th.

In a slightly curious irony, the Master of the Rolls who sat on Pauline Roche’s case in 1855 ( Sir Thomas Berry Cusack-Smith) married into the Smith Barry family, as did Pauline and William’s daughter Mary, making him and Louisa Cusack-Smith, Mary Barry’s husband’s great-uncle and aunt. It’s a small, small world…

Pauline and William Henry Barry had seven children, including William Gerard Barry – the Irish painter, Mary who married into the Smith Barry family of Ballyedmond, and Edith, whose second husband, William Babtie won a Victoria Cross in the Boer War.

Pauline appears to have died in 1894, and various of her children were still living at Ballyadam almost twenty years later.