The Law and Our McPhillips-Smyth Ancestors

Michael McPhillips did not talk much about his life in Ireland, and several relatives suggested he might have something to hide.  Some family dynamics can be toxic; therefore, Michael may have been angry with his Aghabog relatives.  We also knew next to nothing about our Smyth-Greenan ancestors in Monaghan.  What secrets did they hide?

Old court documents show our Smyth-McPhillips’ kin were less than peace loving, hippie types.  Petty Session court records show a different side of our family, a rowdier side which our own parents taught us to avoid.  News accounts of the day describe this seedy behavior; however, most court hearings we found involved one family pitted against another due to small infractions.

Petty Session Courts

The records for the Irish Petty Sessions Courts are interesting because they contain court cases that are not exclusive of deadbeats or hardened criminals. Reading these documents one gets the idea they portray stupid squabbles and personal tragedies for our ancestors, and possibly a good source for gossip. Local wags must have relished the in-fighting between the Smyth and McPhillips families of Aghabog.  Our Smyth and McPhillips cousins called Aghabog their home.  Although the earliest Irish Petty Sessions records date to the 1820s, the earliest we found for our ancestors in County Monaghan begin in the early 1850s.

Irish Petty Sessions Court illustration 1853

         

What type of cases were presented to this court?

Petty Session Courts also heard cases about poaching, cutting and taking firewood or turf, lack of dog licenses, or failure to maintain fences and boundaries.  Our ancestors did us proud as their names appeared in court cases for every category listed above.

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Manslaughter in Ematris Parish

While searching old Irish newspapers we found the following article that described a violent affair outside an Ematris Parish pub.  In 1836 there were eight licensed public houses in Ematris, and about 20 or so who sold liquor privately.  In adjacent Aughabog parish only six public houses existed.  All the Smith names (John, Peter, Edward and James) in this article appear in our Aghabog family tree, but in all likelihood this article is about another Smith family line.  However, Peter Smith or Smyth’s name does not appear in any public record for Ematris, nor does his name appear in any other news item for Ematris.  Very curious.  The Smith’s residences are not listed as normally found in most court records, and something we will research further.  It is an interesting news item nonetheless, and we believe you will find it interesting too.   Punishment appears to be 40 pounds.

Drogheda Conservative Journal; Drogheda, County Louth; February 17, 1838

FEB 10. -- About the hour of eight o'clock on the night of the 25th of December last, a dispute took place near a public house, in the parish of Ematris, barony of Dartree, and county of Monaghan, between a man named Roger Carroll and four persons named John Smith, Peter Smith, James Gave, otherwise Smith, and Edward Gave, otherwise Smith, when Carroll received so severe a beating that he died on the 31st.  ult. - Forty Pounds.

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Our Early Aghabog Ancestors

Below is a list of Aughabog Parish men who wanted to vote in the Poor Law Elections.  This list shows two names of interest - John Smith of Rossnaglough and Patrick McPhillips of Tattenclave (Tattenlieve).  We believe John Smith listed below is “Irish” John Smith’s grandfather.  Patrick McPhillips listed below may be Susan McPhillips’ grandfather.

Northern Standard; Monaghan Town; County Monaghan; October 5, 1839

Hugh McPhillips was the patriarch for the McPhillips men who lived in the following Aughabog Townlands - Tonagh and Corravilla.  Later, Hugh’s holdings would include leases in neighboring Rossnaglough.

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1843 Court of Assizes

Court of Assizes heard cases involving criminal or civil activities.

Northern Standard; Monaghan Town; County Monaghan; July 8, 1843

 

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1850 Court of Assizes

Court of Assizes heard cases involving criminal or civil activities.

Northern Standard; Monaghan Town; County Monaghan; March 2, 1850
PRISONERS FOR TRIAL AT THIS ASSIZES.

Rose McCarvill, having stolen wheat in possession; Francis McPhillips, having stolen oats in possession; Thomas Douglas and John McCabe, picking pockets; Bridget McCabe, larceny of several articles; John Smith, larceny; Patrick McPhillips, rescue and assault...

1852 Petty Court Session - James Keely vs. Patrick McPhillips of Liscumaskey, Aghabog Parish

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; June 7, 1852

Witnesses Called:  None
Disposition:  No Appearance

Just guessing mind you, but we suspect Patrick McPhillips paid Mr. Keely back wages prior to this court date.  Otherwise, James Keely would not have skipped court.  Our Monaghan ancestral homes in Corravilla and Rossnalough are quite close to Liscumasky Townland where Patrick McPhillips lived. 

Many of these court records show where Defendants and Complainants lived.  The most common residences we found listed were Tattenclave, Liscumasky, Corleck, Tonagh, Corravilla and Rossnaglough.  All are Townlands found in Aghabog Civil Parish, Monaghan County.  These Townlands contains anywhere from 40 to 60 Irish acres, so they are not large.  Latnamard Townland contains St. Mary’s Catholic Church, the same church where our ancestors worshiped. 

 
 

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1854 Petty Court Session - Peter Smith of Liscumasky vs. Owen Farmer of Nart (Kilmore Parish)

Nart Townland, located in adjacent Kilmore Civil Parish, is approximately 3 miles from Liscumasky Townland in Aghabog Parish.  Nart is adjacent to and south of Urcher Townland where our own Greenan ancestors lived.  This area in Kilmore was also home to many Smyth and McPhillips families, who may have had cousins living in Aghabog.  Many young men sought work outside their own home hoping to bolster their meager earnings.  

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; May 2, 1854

Witnesses: Peter Smith and Owen Farmer
Disposition:  Order for Seven Shillings & Seven-pence and Costs

This was a back wages court case.  Seven-pence is equivalent to 1/100 of a British Pound Sterling.  A Shilling is worth 1/12 of a pound.

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1857 Petty Court Session - Peter Smith of Liscumisky vs. Peter Smith of Corravilla

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; October 11, 1857

Witness Called:  Peter Smith
Disposition:  Dismissal

You have to wonder why this assault occurred at all.  Although Corravilla Townland is close to Liscumaskey Townland, you first must travel through Tonagh Townland to get there.  So it would appear Peter Smith (Smyth) of Corravilla made a conscious decision when he traveled to Liscumaskey.  Why this fight started is not stated in court documents. The gossip mill that day could tell you the reason for this fight; however, time has erased all memory of this tiff.

The photograph below shows Corravilla Townland as it appears today.

    
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1858 Petty Court Session - John Smith and John Finegan vs. Andrew Steenson of Corleck

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; June 30, 1858

Witness: John Finegan
Disposition:  Fined 2/6 & Costs Unless the Orders of Co. Surveyor or his Assistant be fulfilled.

Corleck Townland abuts Tonagh Townland, and the road in Corleck takes one to Monaghan Town.  It was also the road our Smith/Smyth ancestors traveled each week to Latnamard Townland where they attended Sunday Mass at St. Mary’s Catholic Church.  So any damage to a well traveled road would concern not only our ancestors but anyone who used this road.

 

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1858 Petty Court Session - Owen McPhillips vs. Susan Rush

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council), County of Monaghan; June 11, 1860

Witnesses:  Owen McPhillips and Anne Smith
Disposition: Fine 3/6 Costs 1/6 or one week in gaol (jail)

Owen’s Mom trained him well.  From this description Owen did not strike back after Susan Rush assaulted him.  Both claimant and defendant lived in Latnamard.

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Hatfields and McCoys - Irish Style

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council), County of Monaghan; June 11, 1860

Witnesses: Smith and Henry McMahon
Disposition:  No Appearance

No Witnesses Called, No one appeared in Court

This was a family wide fight which seems to have started when Hugh and Patrick McPhillips trespassed on bog land leased by the Smyth family.  Bogs were an important source of peat, and the Irish used peat for fuel and other purposes.  Perhaps these McPhillips and Smyth families cut peat out of the same bog for many years without issue, and then Hugh or Edward Smyth decided the McPhillips were no longer welcome to remove peat as they wished.  Since peat fuel was so important to the Irish, this started an all out fight between both families.  All these court complaints were scheduled on the same day but no one appeared in court.  The last entry interests us.  William Smyth of Corravilla asserts Mary McPhillips of Liscumasky assaulted him.  Court records do not tell us why Mary and William fought, and we do not know if they were related.  We only know this assault happened in William’s home turf, Corravilla.  Is it possible we are looking at a fight between our ancestors?  William Smyth was our great-great-great grandfather, and his daughter, Mary, married our great great grandfather, Michael McPhillips.

                   Liscumasky Townland is shown below.

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Second Verse, Same Song

A month later Hugh McPhillips of Corravilla filed a Court complaint against Edward Smith of Corravilla, William Smith of Corravilla, Edward McMahon of Tonagh, and Hugh Screenan (Shreenan?) of Corleck.  Hugh claimed these four people invaded his compost property in Corravilla and committed assault and riot.

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council), County of Monaghan; July 25, 1860

 

Witnesses: Patrick McPhillips and Hugh McPhillips
Disposition:  No Rule

 

 

Witnesses:  No Witnesses Called
Disposition:  No Rule

At some point the court might consider these charges as a nuisance.  As an aside, many cases scheduled in the Petty Sessions Court ended the same way.  Neither complainant or defendant appeared at court.

The photograph below shows how Corravilla Townland appears today.

                            Corravilla road (above)

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...And the Party Continues

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council), County of Monaghan; October 31, 1860

 

Witnesses:  No Witnesses
Disposition:  Adjourned to next bench day

Witnesses: No Witnesses:
Disposition:  Adjourned to next bench day

The next bench date was set for November 14, 1860, and trial was continued on that date.  On November 14, Edward Smyth called his son, Peter Smyth, as witness to this event.  Peter was Edward’s oldest boy.  Edward alleged Patrick and John McPhillips entered his lease and dug turf up on his property.  We assume the McPhillips men were cutting peat out of Edward’s lease.

Disposition for both cases:

 

 

The court, in this case, fined the McPhillips’ men for digging peat out of Edward Smith’s leased property.  In lieu of this fine, the McPhillips’ men could sit in jail for one week.  I wonder what they chose?

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1864 - Smith vs. McPhillips Feud Continues

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; December 7, 1864

Witnesses:  William Smith, Peter Carroll, Hugh Smith, Peter McCabe
Disposition:

 

By 1864 this feud between the McPhillips and Smyth families had been going on for at least four years.  William Smyth alleged John McPhillips had assaulted him.  Why this new assault occurred is not mentioned in court documents.  We wonder why their relationship degenerated into such a mess.  Also, why did the patriarch of the Smyth family, William, go to Liscumasky in the first place?  This Townland was also home to other McPhillips and Smith families.

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1866 Petty Court Session - John Smith vs. William Quigley, both of Rossnaglough

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; July 4, 1866

Part of John Smith’s leased lands included bog land.  William Quigley trespassed on John’s lease and dug peat out from this bog land.  William Quigley assaulted John Smith after John confronted him while hauling peat from the Smith property.  It makes you wonder if a lot of this illegal activity occurred in the dead of night.

Witness:  John Smith
Disposition: 

 

The court reset a new hearing date for July 18 with a proviso that the Property Agent review this case and work with Quigley and Smith in resolving their concerns.  On July 18 no one appeared in court; therefore, we assume this problem was resolved.

 

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1870 Court Session - Edward and William Smith vs. Peter McCarthy

 

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; February 15, 1870

Witnesses:  Wm. Smith, Owen Kegley, Patrick Ward
Disposition:  Both cases were adjourned until next petty session

Assault charge.  Unfortunately, no subsequent court record exists regarding this complaint. 

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April 30, 1870 - Warder and Dublin Weekly Mail - Dublin, Dublin, Republic

ATTEMPTED MURDER IN MONAGHAN.

A shocking attempt at murder is reported from the county Monaghan.  A man named M'Phillips was picked up on the roadside in a dying state, his head and face being dreadfully mutilated.  The man's upper lip had been completely cut off, and his teeth were found strewed about the road.  The outrage is supposed to have arisen from a quarrel between Ribbonmen and Fenians, in whose company the injured man is alleged to have been seen some hours previously.  Six arrests have been made.

 

Dublin Evening Post; Dublin, Ireland; July 16, 1870

MONAGHAN, FRIDAY. -- The Right Hon. the Lord Chief Justice sat in the Crown Court, when Thomas Kennedy, James Callaghan, Bernard Connell and two others indicted for an unlawful and malicious assault upon Michael McPhillips.

The prisoners were acquitted.

Robert Moore pleaded guilty to having in his possession a pair of pistols in a proclaimed district.  The traverser, a boy of fourteen or fifteen years, received a good character, and his lordship ordered him to be discharged in the morning.  Messrs. Law, Q.C., and Mulholland prosecuted for the Crown.

 

Armagh Guardian; Armagh, Armagh, Northern Ireland; July 15, 1870

THE BRUTAL ASSAULT CASE.

William Kennedy, Henry Connolly, James Callaghan, Thomas Martin, and Bernard Connolly were indicted for having assaulted and unlawfully wounded a man named Michael McPhillips, at Bishopgate, on the 25th of April last.  The jury, without leaving the box, returned a verdict of not guilty, and the prisoners were discharged.  This concluded the criminal business.

 

Northern Whig; Belfast, Northern Ireland; May 30, 1870

THE RECENT OUTRAGE NEAR MONAGHAN -

(From our Correspondent) -- MONAGHAN, THURSDAY -- It will be recollected that, some time ago, we reported an outrage which took place near Monaghan, whereby a man named McPhillips was most brutally beaten, and nearly the whole of his teeth were knocked out.  McPhillips lay for a considerable time under medical treatment.  Five persons were arrested, but, owing to some hitch in the legal machinery, they were liberated.  The condition of McPhillips has recently become so critical that grave doubts are entertained of his ultimate recovery.  The consequences is that five men have been re-arrested and lodged in the county jail.  They will be brought up on Tuesday next.

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According to subsequent news accounts, it appears Michael McPhillips was returning home when he was accosted by five ruffians who beat him senseless.  He remained lying on the roadside, possibly in a coma, until he was found early the next morning by some people traveling to Monaghan Town.  News reports described McPhillips as a small farmer, a married man, and under 40 years old.

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1872 Court Session - Patrick McPhillips and His Dog

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; June 5, 1872

Witnesses: No Witnesses
Disposition:

At least Patrick McPhillips was not assaulting his dog!  All dogs needed a license.

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McPhillips Men Assaulted Near Corcaghan

Belfast News Letter; Belfast, Northern Ireland; January 22, 1873

ANOTHER OUTRAGE IN MONAGHAN. -- MONAGHAN, TUESDAY EVENING -- Yesterday evening, as three farmers, named Patrick McPhillips, Michael McPhillips, and Patrick McGinn, were on their way home from the market of Monaghan they were attacked by a party of men on the road at Dunainare - between Monaghan and Corcaghan, which has long been notorious for disturbances -- and violently beaten, each having received cuts on the head.  Patrick McPhillips had to fly for his life, leaving his horse and cart behind at a neighbour's house.  I understand that the names of the assailing party are known to Patrick McPhillips, and, in all probability, they will soon be in the custody of the police. -- Correspondent.

Editor’s Note:  Corcaghan Townland is one Townland away from Liscumaskey and Tattenclave, home of many McPhillips families in Aghabog Civil Parish.  Also, Corcaghan is home to St, Michael’s Catholic Church where our Greenan ancestors were married and baptized..

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June 10, 1882 - Dublin Daily Express - Dublin, Dublin, Republic of Ireland

MURDER IN CO. MONAGHAN

On Thursday at Clones, Co. Monaghan, a quarrel took place between two men, named respectively Edward McPhillips and Peter McAveney, between whom for some time there had been ill-feeling.  Subsequently McPhillips' dead body was found in the street, and McAveney and two others have been arrested.

Editor’s Note:  This article was added because our own ancestor, Michael McPhillips, was born in Clones Civil Parish, County Fermanagh.  Clones Parish also included land in County Monaghan.  Some historians believe the McPhillips surname in Counties Monaghan and Fermanagh descend from the same common ancestor - Phillip MacJames MacMahon who was Coarb of Clones Abbey until his death in 1486.

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1885 Court Session - Michael Smith of Faltagh

Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; February 3, 1885

Michael Smith of Faltagh was arrested for public drunkenness on one of Monaghan’s streets.  The complaint does not indicate where he was arrested; however, there were many pubs in the area.  Faltagh Townland is adjacent to East Rossnaglogh Townland in Aghabog Parish.  The mid-19th century Griffith Valuation Survey shows John Smith of East Rossnaglogh leased land adjacent to land leased by Michael Smith of Faltagh.

Witnesses:  No Witnesses Called
Disposition:  Discharged

 

In 1889 a mentally disturbed woman, Margaret McPhillips, tried committing suicide on board a steamer ship to Ireland.  How Margaret got her tickets in America was unknown, and it’s possible she was deemed mentally ill in America and shipped back to Ireland.  In Ireland Margaret was finally committed to Derry Asylum.

 

Belfast News-Letter; Belfast, Antrim County, Northern Ireland
June 20, 1889

INSANITY IN AMERICA
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SMUGGLING LUNATICS ON BOARD AN ANCHOR LINE STEAMER.

LONDONDERRY, WEDNESDAY. --- Today a respectable-looking woman, who gave her name as Margaret M'Phillips, of Newbliss, County Monaghan, was brought up in custody before Sir Thomas Lecky, J.P., and Alderman Bell, J.P., and charged by Harbour-Sergeant Milligan with attempting to commit suicide on the 8th inst., while at sea, by throwing herself overboard from the Anchor steamer Devonia.  The Devonia arrived at Moville on Tuesday evening, when the prisoner was handed over by the purser.  Mr. William Hamilton, local agent of the Anchor Line Company, was in court, and stated that he believed the prisoner was smuggled on board the steamer on the other side by some parties who wished to get rid of her by sending her to this country.   She had got a ticket, of course, and gave the same name as that contained in it.  There was no medical inspector on board steamers at the other side to examine passengers, as there was to examine emigrants leaving the ports in this country.  America was a free country. (Laughter.)  Harbour-Sergeant Milligan said he understood that M'Phillips was not the only insane person amongst the passengers on board the Devonia, as he had heard there were two or three others, but there was one other woman who had friends with her, and she was given over in charge to them.  Dr. MacCullagh, dispensary medical officer, having examined the accused, pronounced her insane, and she was committed to the Derry Asylum.

 

1893 Court Session - Michael Smyth of Faltagh
Order Book, as approved by the Lord Lieutenant (with the advice and consent of the Privy Council),
County of Monaghan; April 5, 1893

 

Witnesses:  Michael admitted to being drunk that night so no witnesses were called in his defense. 
Disposition:

Michael Smyth or Smith appeared in court several times for public drunkenness.  The first time he appeared his case was dismissed, possibly because it was the first time he had been charged.  The last time he appeared before the court, the judge fined him 4 shillings plus court costs.

 

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1821 Census for Aghabog

Most genealogists will tell you that all early Irish census records were destroyed in the 1922 Dublin Fire.  While that statement is true, some extracts actually exist for various counties.  In the case of County Monaghan where our McPhillips and Smyth ancestors lived, some 1821 census extracts still exist for the McPhillips families living in Aghabog. 

The list appears below.

Further extracts from the 1821 census for Monaghan and Louth
Grace Moloney
Clogher Record
Vol. 20 No. 3 (2011), pp. 559-573

Aghabog, Latnamard
3  Edward McPhillips, 39, farmer and linen weaver
Catherine McPhillips,39, wife, flax spinner
Thomas McPhillips, 14, son
Michael McPhillips, 7, daughter
Mary McPhillips, 2, daughter
James Murphy, 19, apprentice
Biddy Conlon, 19, house servant

14  Thomas McPhillips, 40, farmer
Bridget McPhillips, 39, wife
Hugh McPhillips, 14, son
Patt McPhillips, 11, son
Bernard McPhillips, 9, son
Michael McPhillips, 6, son
Bridget McPhillips, 5, daughter
Mary McPhillips, 3, daughter
Nancy McPhillips, 1, daughter

19  Patt McPhillips, 60
Mary McPhillips, 40, wife, flax spinner

James McPhillips, 49, farmer
Margaret McPhillips, 49, wife, flax spinner
John McPhillips, 17, son
Michael McPhillips, 10 son
Hugh McPhillips, 4, son
Kitty McPhillips, 22, daughter
Nellie McPhillips, 12, daughter
Mary McPhillips, 9

27  Owen McPhillips, 50, farmer
Mary McPhillips, 31, flax spinner
Pat McPhillips, 6, son
Bridget McPhillips, 4, daughter
Kitty McPhillips, 2, daughter
Mary McPhillips, daughter

Corleck, Aghabog
3  Peter McPhillips, 39, farmer
Biddy McPhillips, 35, wife, flax spinner
Francis McPhillips, 10, son
Patt McPhillips, 6, son
Margaret McPhillips, 15, daughter, flax spinner
Paddy (?) McPhillips, 6, son

Carn, Aghabog
22  Pat Mulligan, 60, farmer & linen weaver
James Mulligan, 14, son
Mich. Mulligan, 9, son
Pat Mulligan, 5, son
Alley Mulligan, 22, daughter, flax spinner
Nancy Mulligan, 9, daughter
Frank McPhillips, 19, apprentice
Thomas McPhillips, 13, house servant

 

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