Black Donnellys

For the 2007 TV show, see The Black Donnellys.
This is a replica of the original Donnelly tombstone used by Ray Fazakas and is currently on display at the Lucan heritage/Donnelly museum in Lucan, Ontario.

The "Black Donnellys" were an Irish family who emigrated to Ontario. Five of the family were murdered by an armed mob in the township of Biddulph in February 1880 and their farm was burned down, the culmination of long-standing conflict between the family and other residents. No one was ever convicted of the murders, despite two inconclusive trials.

The Donnelly family

(Dates in bold mark those killed in the massacre)

Timeline

The Massacre

The Trials

Life After the Massacre

History

The Feuds

The Biddulph feud preceded the emigration of the Donnelly family from Ireland and continued for some 17 years after their deaths. However, from about 1857, the Donnelly family was inextricably bound up with the feud. The Biddulph feud had its origins in Ireland, and had begun almost two centuries before the elder James Donnelly's birth. It so happened through an accident of history, that Biddulph Township collected just the right concentration and distribution of Whiteboys, Blackfeet and Orangemen, to cause the feud to be rekindled.

Like many communities in Ontario in the nineteenth century Biddulph and Lucan commonly dealt with numerous crimes ranging from the frivolous (using abusive language), to the more serious (robbery, assault), to the most grave crime of all—murder. But bringing criminals to justice was not easy. The majority of constables were untrained and others were, quite simply, criminals themselves. For a variety of reasons, the courts did not always hand out reasonable punishments.[3]

James (Jim) and Johannah (or Judith/Judy as she was also known) married in Ireland in 1840. Not long after their union, James Jr was born. The Donnellys hoped to establish a prosperous homestead for themselves and the seven children who were born in Canada. The problem was that the property they chose to settle on did not legally belong to James, who had squatted on the land. It was originally owned by the Canada Company, and was granted to James Grace. A number of disputes ensued in which other settlers such as Michael Maher and Patrick Farrell became embroiled. This culminated at a neighbourhood logging bee in 1857, when Donnelly killed Farrell in a fight.[4]

There was an attempt to remove the Donnellys through the legal system:

[Court of Common Pleas, Ejectment Notice for James Donnelly from John Grace, 1856]

In the Court of Common Pleas

County of Huron

To Wit

The Twenty Sixth day of May A D 1856

A Writ of Summons in Ejectment for John Grace of the city Township of London in the County of Middlesex against James Donnelly of the Township of Biddulph in the County of Huron to recover Possession of the North half of Lot number Eighteen in the sixth concession of the Township of Biddulph in the County of Huron one of the United Counties of Huron and Bruce

JW Nilsen Plffs atty[5]

The Death of Patrick Farrell

In the spring of 1847, James Donnelly Sr squatted on land owned by an absentee landlord, who had originally bought the land from the Canada Company. It is not known if James Donnelly actually knew the piece of wilderness he had decided upon was owned by anyone. Squatting was a common North American frontier practice often supported by the courts in the establishment of common law property rights.[6]

In 1856 or 1857, Patrick Farrell bought land in the quarter James Donnelly had squatted on, and was surprised to discover Donnelly in occupation once he arrived from Ireland to take possession of his land. The matter went to court in 1857, with Farrell wishing to evict Donnelly. The disputants eventually agreed to allow Donnelly to keep and reside on 50 acres (200,000 m2) of the land, which was somewhat less than what Donnelly had cleared over the 10 years he had occupied it.[6]

Farrell, in spite of his agreement in court, vocally lambasted the Donnellys in public. During a barn raising bee on Saturday, June 27, 1857, James Donnelly and Farrell fought. Farrell suffered a blow to the head from a handspike thrown by Donnelly. Pat Farrell died on June 29, and James Donnelly then became a wanted man. (Interestingly, Farrell's young son was adopted by the Donnellys, and was brought up by them until adulthood.) Almost two years later, James turned himself in to Jim Hodgins, a sympathetic Justice of the Peace.

James was sentenced to be hanged on September 17, 1859. A petition for clemency started by his wife Johannah saw his sentence reduced to seven years in Kingston Penitentiary.

The Donnelly Stagecoach Line

The Donnelly Stagecoach Line is believed to have been started May 24, 1873 by William Donnelly and was a huge success. The line of stages, which ran between London, Lucan and Exeter, was operated by William and his brothers Michael, John, and Thomas, even rivaling the official mail stage that had been in business since 1838.

The Hawkshaw stage line soon felt the pressure of competition from the Donnellys. In October 1873, Hawkshaw sold his stage to Patrick Flanagan, a husky Irishman, who was determined to drive Donnellys out of business.

This set the stage for the feud between the Donnelly Stagecoach and the Flanagan & Crawly Stage — the Stagecoach Feud, as it came to be known. Stages were either smashed or burned, horses were savagely beaten or killed, and stables burned to the ground.

The violence that erupted as a result of the Stagecoach Feud was mostly blamed on the Donnellys and gave the family a bad reputation. From that time on, almost every crime committed was blamed on the family, but although they were charged with numerous crimes, "few convictions were secured against them".

Familiarity with the law

In the buildup towards the murder of the family, the Donnellys became well acquainted with local law enforcement. There are various accounts of assault,[7] arson,[8] trespassing,[9] verbal assault,[10] attempted murder, murder of Patrick Farrell,[11] theft,[12] robbery,[13] assaulting a police officer,[14] as well as various altercations with many residents of the Biddulph Township. The Donnellys were not found guilty of everything of which they were accused but through their actions they made many enemies within the township. This all sounds like the Donnellys were a constant source of strife and destruction in their community, but these types of crimes were common for the county in which they lived. It was not just the men of the family who would get into altercations with the law as Johannah was noted to swear at officers quite often, specifically Constable Carroll.

The Biddulph Peace Society vigilantes

In June 1879 Father John Connolly created a Peace Society/Association in Biddulph. He asked people who attended St. Patrick’s Roman Catholic Church to pledge their support. Members of the society agreed to have their homes searched for stolen property. The Donnellys did not sign the pledge. The Vigilance Committee formed out of the Peace Society.[15] Evidence indicates that The Biddulph Peace Society or some of its individual members may have been responsible for some of the arson, property damage and physical violence cases in Biddulph.

The Peace Society's role was to uphold its Code, something the Donnellys were never shy about ignoring. James Donnelly was liberal enough that at one point he even donated money to the building of an Anglican church, outraging the Biddulph Peace Society in the process. In August 1879 a splinter group of the Peace Society began meeting at the Cedar Swamp Schoolhouse in Biddulph. James Carroll was part of the group, as were many of the neighbours of the Donnellys. This group became known as the Vigilance Committee/Society. The Committee was blamed for the murders of the Donnellys.[16]

Massacre

Members of the Vigilance Committee allegedly gathered at the Cedar Swamp Schoolhouse late in the evening of February 3, 1880, before proceeding to the Donnelly homestead.[17] William Donnelly survived and was listed as the informant on the death certificates for all five,[18] dated April 1 and 2, 1880, with the cause of death listed as "supposed to be murdered."

The Feud: Cause for Attack

There were many feuds associated with the reason behind the death of the Donnellys, however what was considered to be the “final straw” is the accusation against the Donnellys of the burning down of Patrick Ryder’s barn.[19] After these accusations were created, the community had “enough” of the Donnellys and decided to take the law into their own hands once they heard that there was no supporting evidence linking the Donnellys to the burning of the barn.[20] This news reached the congregation of St. Patrick’s Church and the priest addressed that an “evil had fallen among the community” and that there would be a reward of five hundred dollars for the “detection of the wicked persons” and he vowed that the “guilty party” would be punished for their sins.[20] There were many considerations as to what was the right form of punishments; some believed fines and jail time would be deemed acceptable, however others believed that their heads would be the perfect form of punishment.[20]

Members List

Big Jack Kennedy, William Feeheley, Pat Dawan, Dennis, Anthony and Michael Heenan, John Lanphier, James Harrigan, Ryders (Mr. Ryder, Jim, Patrick, Jr., "Sideroad"Jim, Thomas and Daniel), Martin and John McLaughlin, Ted Toohey, John Cain, James Mahers, John and Patrick Quigley, Patrick Breen, James McGrath, John Purtell, Michael Blake, John, Ned and Johnny Ryan, William Thompson, John Darsey, John Bruin, Michael Madigan, James Kenny and finally James Carroll[21]

The Original Plan

The original plan that was generated by the Peace Society was to visit the Donnelly’s family home on the night of February 3rd.[22] The plan was to handcuff the Donnelly men and then escort them from the home, where they would be hung from a tree by their neck until they confessed their crimes against the community.[23] However one of the problems with their plan was that no one really understood how this would be properly executed, therefore this allowed for the plan to be changed or challenged when they arrived on the Donnelly property.[23] In the beginning their original intent was to only “hurt” the Donnellys and to “bring them as near the dissolution point as possible.” [23] The Peace Society did set up a surveillance of the Donnelly property as a form of preparation in order to determine who was in the home at what times and how they would enter the property in the dark; Jim Feeheley was considered to be one of the spies.[24] Jim Feeheley would visit the Donnelley house earlier in the night as a distraction and to get an understanding on the type of situation they would be encountering that night.[25] There were some more problems associated with these plan such as, the society did not plan on Jon Donnelly leaving the Donnelly home and taking his horse to Big Jim Keefe, the society thought Big Jim Keefe was spying for them and finally they did not plan for Johnny O’Connor to be in the house during the attack.[25]

The Day of the Massacre

It can be said that the day of February 3, began like any other day in the Donnelly household.[26] In the morning, James Donnelly sat down at the kitchen table with his son Tom Donnelly and asked him to write a letter to Alderman Edmund Meredith; the London lawyer that was going to be handling the Donnellys' case against Patrick Ryder. He wrote;

" Mr. Meredeth,

SIR- On the fifteenth of last month Pat Ryder's barn were burned. All the vigilance committee at one pointed to my family as the once that did it. Ryder found out that all my boys were at a wedding that night . He at once arrested me on suspicion, an also sent a constable after my wife to St. Thomas. The trial has been postponed four different times, although we are ready for our trial at any time. They examined a lot of witnesses but can't find anything against us. Ryder swore that we lived neighbours to each other for thirty years and never had any differences, and had no reason for arresting us only we are blamed for everything... The presiding Magistrates are old Grant and newly made one, Casey. They are using us work that mad dogs. Mr. McDermid is attending on our behalf... they has the first trial in Lucan, and tomorrow again, and I am informed they are going to send us for trial without a tittle of evidence. If so I will telegraph you when we start for London to meet us at the City Hotel, and get us bailed to take our trail before the judge, and I want you to handle the case in our behalf. There is not the slightest case for our arrest, it seems hard to see a man and women over sixty years of age dragged around as laughing stock.

Yours truly, James Donnelly, SEN 2" [27]

Once the letter was delivered, the day carried on as it normally would; at roughly 4 o'clock Johnny, James and Jim returned to their house on Roman Line.[28] This time frame was given by William Casey because he stated that he remembered the sound of the Donnellys speeding down Roman Line and that they were being "reckless."[29] Casey stopped what he was doing in the front yard, to bear witness to this recklessness that was occurring as well as it was at this point where he noticed the time at which they passed by his home.[30] They had pick up Johnny O'Connor from town, because James Donnelly needed assistance on the farm; this was a normal occurrence.[31] When the chores where completed it was Mr. Donnelly that insisted that Johnny O'Connor stay the night and to sleep in Mr. Donnellys bed as a form of protection as well as the bed was extremely big.[32] As the Donnellys were getting ready for bed, Feeheley stopped by to say "hello" before returning home from Whalen's.[32] Feeheley did not stay long; he was just there to observe the property for the Peace Society; however he did not notice that the John Donnelly voice he thought he heard coming from Mr. Donnelly's bedroom was actually Johnny O'Connor voice.[32] However, John Donnelly had gone to Big Jim Keefe to pick up the vehicle in order to travel to their trail in London, Ontario in the morning; he stayed there over night.[32] Once goodbyes, were said the family returned to their bed and fell asleep.

The First Massacre

Once the decision to attack the Donnellys was made, the Peace Society got together at roughly one o’clock in the morning to drink before they mounted the attack on this family; this is referred to as the “water of life.”[33] The men used the liquor as a way to numb their senses as well as use it as a way to enhance their encourage and their motivation.[33] Once the men had enough alcohol in their system, they began to walk in the direction of the Donnellys' home; there were also many witnesses that stated they could hear the group of men coming down Roman Line that night.[33] When the group of men finally arrived at the house, they surrounded the perimeter of the property and James Carroll took the first step inside the house, which was considered to be the first attack of the massacre; creating an element of surprise.[34] Carroll walked into the room and slowly took the handcuffs out of his pocket (these were given to him by the Constable Hodgins) and handcuffed Tom Donnelly while he was still asleep.[35] Once Tom Donnelly was handcuffed, Carroll did proclaim that “he was under arrest,” and at that moment Tom sat up in bed as well as Ms. Donnelly and Bridget Donnelly due to all the commotion.[35] Carroll slowly moved from Tom’s bedroom into Mr. Donnelly’s bedroom, where he noticed that John Donnelly was nowhere to be found; their plan was to kill all the Donnellys in a single location.[35] This commotion woke up Mr. Donnelly and he noticed that his son was handcuffed and proclaimed “what have you got against us now?” Carroll responded that they were being charged with another crime.[35] At that moment in time, Tom requested that Carroll read the warrant; since there was no warrant involved, Carroll let out a signal for the men to come storming into the house with their clubs.[34] At this point, the men were beginning to beat Mr. Donnelly, Ms. Donnelly and Tom Donnelly; Bridget Donnelly was able to escape and race up the stairs in order to hide from her attackers.[36] Johnny was so terrified that he hid underneath of Mr. Donnelly’s bed; since the men were not expecting him to be there that night, they did not know to look for him as a witness.[36] The first one to fall to the ground was Mr. Donnelly; he was beaten rapidly and James Maher hit his skull repeatedly causing brain damage; Mrs. Donnelly on the other hand, fought hard against her attackers.[36] However she was eventually beaten to the ground by Carroll and Tom Donnelly was fighting extremely hard to protect his family as well as himself; he broke free from the attacks and ran towards the front door, as he was running, Tom Ryder was waiting for him with a pitchfork and thrust the sharp points into Tom multiple times.[36] Once Tom was limp on the ground, James Maher, Timothy Toohey and Patrick Quigley carried his body back into the house and placed it in the kitchen with his parents as well as Carroll removed his handcuffs from his wrist.[36]

“Hit this fellow on the head with that shovel and break his head open!” [36] It was said that either Jim Toohey or Patrick Quigley bashed Tom’s head in three or four times.[36]

Once Mr. Donnelly, Ms. Donnelly and Tom Donnelly were all laying on the ground, the men realized that Bridget Donnelly was nowhere to be found.[37] A group of men went up stairs and found Bridget hiding and they began to beat her to the point where they were able to bring her limp body down the stairs to where the rest of her family was located.[37] To increased the amount of blood that was shed in a single household, one of the men bashed in the dog’s head with a shovel because it would not stop barking.[37] After the group realized that they were missing John Donnelly, they decided to create another plan for that night to rid their community of the Donnellys; they lit the house on fire with the bodies still inside and went hunting for John.[38]

Weapons List

Guns, pitchfork (Tom Ryder), axe (Purtell), shovel (Pat Quigley and Tim Toohey), clubs and shortened woken stake made of cordwood

[27]

Johnny O'Connor

Originally the massacre was not intended to have any witnesses, however the Peace Society did not intend for Johnny O’Connor to be at the Donnelly’s farmhouse and for him to escape the fire.[34] Johnny O’Connor was a young farm boy that had gone to the Donnelly’s house to assist them with farm work; it wasn’t until later in the night when Mr. Donnelly had encouraged Johnny to spend the night and assist them with the livestock in the morning.[39] The O’Connors were considered to be good friends of the Donnellys and assisted them regularly with chores around their farm; the mob did not take this into consideration when planning their attack.[39]

The Second Massacre

At roughly two in the morning, the Peace Society arrived at the Whalen’s corner; they surrounded the house, in a similar way as they did to the Donnelly’s house.[40] However, the difference was the men were not as relaxed as they were in the beginning and they decided to try to get Will Donnelly to come out of the house, instead of storming into the house; they beat his prized stallion in order to lure him out of house from his dying horse's screams.[41] The problem was that the stables were far from the home and no one inside was able to hear what was going on outside, Jim Ryder called for “Will!” while carrying a shotgun to the side door of the house.[41] Will Donnelly woke up from the calling for his name, however it was John that opened the door to Will’s house and was greeted by gun shots to the chest and groin; thirty holes were placed in his chest that pierced his lung, broke his collarbone and several ribs.[41] John dropped to the ground; McLaughlin and Ryder walked up to the body and placed seven more shots into John as a form of punishment for his action against the community.[41] Norah Donnelly (Will Donnelly’s wife) heard the commotion as well as saw John’s body on the ground, she tried to pull his body to safety but it was too heavy to move.[41] Will Donnelly hid in the bedroom and was able to peer through a window in order to get a glimpse of the individuals who were attacking the house; John Kennedy and Carroll were only a few feet away from the bed where he was hiding with his wife.[41] He could also place the faces of, Big Mike Heenan, William Carroll and Patrick Ryder; the others faces were blurred by darkness.[41] Since, Norah could not pull John to safety; Hogan got down on his knees and snuck out to where John was located and pulled him into the bedroom, which left a bloody trail behind him (John Donnelly died five minutes after).[41] The men of the Peace Society were so worn out from their previous attacks that they decided to just survey the perimeter until someone showed their face inside; the members of the household hid in the house for almost three hours before the group decided to leave the property.[42]

“There’s been enough bloodshed tonight boys. Let’s go home.” [42]

These words spoken by Jim Feeheley ended the massacre, which would have continued to Big Jim Keefe house.[42]

There were two trials in London, Ontario, at the courthouse on Ridout Street.

The first trial

The preliminary hearings started on February 4, 1880 at McLean’s Hotel in Lucan, Ontario.[43] There were three preliminary hearings leading up to the first trial in October 1880.[43] In between the preliminary hearings and the trial, there was a change of venue request, which was ultimately rejected. The crown felt that a fair trial could not be obtained in Middlesex County, as it was too biased against the Donnellys. One of the key witnesses for the prosecution was Johnny O’Conner, who had witnessed the whole massacre. The vigilantes did everything in their power to try to keep Johnny from testifying. Michael O’Conner, Johnny’s father, owned two houses on Francis Street, in Lucan. One of the houses was known to have run a bootlegging operation at times, the other house he rented to Bob Donnelly. During the late evening of April 13, the vigilantes burnt the house of O’Conner to the ground.[44] The vigilantes harassed not only the father, but also Johnny’s mother, Mary: while she was in London, on one occasion when she passed Patrick “Grouchy” Ryder on the street, he threatened and insulted her. She laid a charge against him of using abusive language.[45] At his court appearance, fellow vigilantes swore that he was in Biddulph at the time of the alleged infraction, and this led to his discharge. Young Johnny was not deterred from testifying by any of the group's activities.

The trial took place on Monday, October 4, 1880 in London, Ontario, with James Carrol being charged with the murder of Johannah Donnelly.[46] The crown prosecutor was Aemilius Irving assisted by James MaGee; the defense consisted of Hugh MacMahon, William Meredith and John Blake.[45] The witness list for the prosecution was as follows; William Donnelly, Nora Donnelly, Martian Hogan, William Blackwell Hock M.D., William Williams, Enoch Murphy, James Feeley, Robert Rojs, John O’Conner, Patrick Whelan, Anne Whelan, Mary Hastings O’Conner, Michael O’Conner, Charles Pope, William Hodge, Henry Phair, and Martin Hogan Jr.[47] The two key witnesses were Johnny O’Conner and William Donnelly. Johnny O’Conner's testimony ran, in part:

“Tom told him to read the warrant: Carroll said there was lots of time for that: then in a few minutes a whole crowd jumped in and commenced hammering them with sticks and spade; then Tom ran out into the front room and outside: I saw him run out and Bridget ran upstairs and I ran after her and she shut the door and I ran back again in the room and got under the bed behind the clothes basket: then they started hammering Tom outside: the bed was about two feet and an inch high from the floor and no curtains about the bottom of the bed: they carried Tom in the house again: I heard them throw him down on the floor, and heard the handcuffs rattling or whatever they had on his hand: then someone said, “Hit that fellow with a spade and break his skull open.” Then the fellow hit his three or four whacks with the spade: when Tom was outside I heard him say, “Oh! Oh! Oh!” I did not see them hit Tom with the spade, but heard them; then some of them told the fellow that had the light to bring it here to where Tom was: he brought the light and they were doing something to Tom: they were standing round him: I saw the standing round him: then I saw Thomas Ryder and John Purtell standing near the room door, the bedroom door; then some of them asked where was the girl; another one answered, “Look upstairs”; then they went upstairs and saw some of them too, but did not know any of them; then they came down: I heard nothing going on upstairs, and poured coal oil on the bed and set it on fire; it was the bed I was under; I heard someone say that oil would burn off the blanket, and wouldn’t burn at all; then they all run out when they set fire to it; then I got out from under the bed and put on my pants and tried to quench the fire with my coat; I hit the fire with my coat: I then heard Tom breathing, then I went out to the front room and saw Tom dead on the floor; then I ran out to the kitchen and tramped on the old women; there was a light from the fire in my bed, also from Tom’s bed: the door of Tom’s room was open, and the door from the front room into the kitchen: the old women was lying between the door from the front room into the kitchen and the kitchen door going outside; I then ran out and went over to Whalen’s, Pat Whalen, and rapped at Whalen’s door.”[48]

He then went to explain what James Carroll, Thomas Ryder and John Purtell were wearing that night. “Purtell had dark clothes, Ryder a peaked cap, and Carroll had grey pants; their faces were not blackened: I saw one man with his face blackened, and a long coat on, a middling sized man; Carroll saw me in bed, he looked right at me, and I saw him looking right at me for a while; he did not speak to me: I did not see anyone strike the Donnellys, I only heard them.”[49]

William Donnelly was another key witness for the prosecution. Here is his testimony.

“I was disturbed about half past two by John coming out of his room through my room to the kitchen; he couldn’t go to the kitchen without going through my room; I didn’t speak to John, he said I wonder whose hollering fire and rapping the door, he kept right on and opened the door; when John opened the door going into the kitchen from my room, I heard them holler, “Fire! Fire! Open the door Will!” I heard them shouting as soon as I was thoroughly awakened; I heard the door opened; I then heard two shots in rapid succession almost together; John fell back against the door from my bedroom to the kitchen; the distance between the kitchen door and my bedroom is about six or seven feet; his head came down to the jam of the door; I was lying next to the door with the glass top: my wife was sleeping on the outside: there is a stove close to the bed: I turned the side of the blind and looked out: I saw John Kennedy, James Carroll and James Ryder: they were partly in front of the glass window: Kennedy was standing where his name is now marked on the plan about three feet from the door: James Carroll and James Ryder were standing where their names are written on the plan about nine feet from my window: I saw three others outside of the fence, near to the little gate: I calculated that they were Wm. Carroll, Patrick Ryder Jr., and Michael Heenan: I couldn’t swear positively to them; I don’t speak positively as to them; I speak positively as to John Kennedy, James Carroll and James Ryder; these persons are well known to me.”[50]

The defence witnesses were friends and family of the vigilante community, and backed the stories and alibis of each of the members that stood trial. John Purtell, one of the prisoners stated that he was not a member of the committee and had never attended any of the meetings. Instead he was a hired man of James McGrath’s and lived with him and never left the house that night. James and his father Matthew backed his story.[51] Prisoner Thomas Ryder said he was a brother of Patrick “Grouchy” Ryder and that he spent the night at home playing cards with his brother-in-law Valentine Mackey, his brother James Ryder Sr., and James Toohey. Those named agreed that they played cards and went home to their own places.[51] Prisoner James Ryder Jr. said that he and his five brothers - William, Michael, Patrick Jr., John and Maurice - all spent the night at their father’s house . Vigilante Michael Blake said that he also had spent the night there.[51] Prisoner Martin McLaughlin’s daughter, Temperance, backed her father’s story that he never left the house. Prisoner John Kennedy said he went to Denis Carty’s, along with William Hodgins and James Brien for a game of cards. They all left together about 9:15 p.m. Each testified to the same account, with Brien adding that he visited Kennedy at 2:00 a.m. the same night to borrow medicine for a sick family member.[52]

After a four and a half hour parley, the foreman of the jury announced that there was no chance of an agreement on a final verdict. One juror declared that he would not have convicted Carroll even if he had seen the killings himself. Another said he did not want to convict Carroll on Johnny O’Conner’s word alone. The rest voted for acquittal out of fear for the dozens of others involved. In the end, one jury member was undecided, seven wanted to acquit, and four wanted to convict, resulting in a hung jury.[53]

The second trial

The second trial of James Carroll was overseen by Justice Matthew Crook Cameron, who was described as an “old Tory mugwump” and past leader of the Ontario Conservative Party. Like Justice J.W. Meredith, he steered the trial to ensure an acquittal of Carroll on February 2, 1881. James Reaney compares the two trials, noting how much smaller the second one seemed and that it lacked the legal conjecture and maneuvering that had marked the first trial.[54]

Before the trial the lawyers for both sides, Irving and Hutchinson, agreed to keep the trial date close to the New Year so that the jury pool would not have time to be tainted by either side. Nevertheless, the jury consisted entirely of Protestants ruling on an Irish Catholic defendant. The lawyers also agreed to drop William Donnelly’s testimony about the death at Whalen’s Corners, as it was decided it would not be necessary until the potential trials of five other defendants, which would only take place if James Carroll were convicted.[54]

Reaney comes to the conclusion that the prosecution side was hampered throughout the trial as their only hard evidence was the testimony of young O’Conner. While the boy did an admirable job of recollecting the events in a clear manner, Justice Cameron’s continual sustaining of the defense’s objections hindered the prosecution. This leads Reaney and others to conclude that Cameron was steering the trial in the defense’s favor. As a result, much of the evidence that the prosecution presented to help the boy’s account was not admitted. Cameron accepted the defense’s assertion that the testimony from the O’Conner boy was unreliable and instructed the jury as such, thus giving the prosecution little chance of securing a guilty verdict. This applied in particular to the question of what Johnny O’Conner could have seen if the valances on the bed had been in position. His declaration that they had been removed became a point of debate within the trial, as the London Advertiser recalls. Justice Cameron’s instruction to the jury that Johnny’s testimony was unreliable eliminated the hard evidence the prosecution needed.[54]

In the cross-examination of the boy, the defence tried to trip him up on his answers, but the jury and those present in the court room seemed to believe him. As the Toronto Globe accounts, “His answers were, as a rule, given very promptly and with a fearlessness that did him credit… looking straight into the face of the Crown counsel, seldom looking elsewhere.” Hugh McMahon questioned Johnny next, first about the gold watch that he was wearing and secondly about the fact that his christened name was Jeremiah and that he was actually 15 years old as records in St. Patrick’s parish had indicated. This was to try and discredit the boy’s testimony and bring the jury to doubt the reliability of the other testimony. Johnny’s godmother came to the rescue regarding his name, explaining that he was christened both Johnny and Jeremiah at birth. Trying to get the courtroom to doubt the boy’s testimony never worked for the defence, as most believed he was telling the truth.[54]

What fatally weakened the prosecution was the testimony of his mother. The defence persuaded Justice Cameron that the boy’s testimony was obtained under duress, as a result of his mother's wanting more money. Justice Armour had rejected this notion in the first trial, but Cameron’s decision to accept it meant that the prosecution had little chance. Mrs. O’Conner’s testimony fell apart when she failed to accurately tell her boy’s correct age, and she was also unable to give a clear explanation for her recent trip to Toronto to visit with the Deputy Attorney General. McMahon used this to show the jury that she was trying to secure more money for the boy’s testimony, because her family was struggling to survive after their house had been burnt down. This made her lose her temper and she arrived on the stand already upset after a dispute with fellow witness Mrs. Pat Whalen. She should have explained clearly that her family did need more money and that the provincial bureaucrats were unwilling to provide this, and that was unrelated to the Crown prosecution. Reaney speculates that the bureaucrats did not want to aid a friend of the Donnellys. Mrs. O’Conner’s testimony did not go over well and ended any chances the prosecution might have had, with judge, jury and public opinion already at least leaning if not outright against them.[54]

After this, much of the same evidence was presented as at the first trial with the same results, with Michael Donnelly maintaining that the valances on the bed had been removed by the time he woke. At the conclusion of the trial the jury convened for three hours before returning a verdict of not guilty. Irving recalled that the jurors before their final meeting had asked whether there was any way Carroll would not be hanged if found guilty and he had responded, “No.” This seems to have been the deciding factor ensuring a not guilty verdict.[54]

The reporters' description of the various witnesses showed that they believed the Donnelly brothers, William and Patrick, to be intelligent, well spoken individuals, and the press had a hard time believing their family were the ruffians the evidence made them out to be. In contrast the press described Carroll and the others as a “bunch of envious, dangerous, backwoodsmen” who had a sinister appearance to them. This characterization by the press and their account ensured that while the Donnellys would not get justice in the courtroom, their story would eventually prevail.[54]

The fact that the community and trial were strongly polarized along religious lines was a factor in the outcome and in the decisions of the judges and lawyers throughout the case. Orlo Miller in his book goes on to implicate the Biddulph Peace Society and members of other societies like the Whiteboys and their influence on the decisions of those in the courtroom. This combined with the lack of hard evidence left the prosecution with no chance of securing a guilty verdict, and possibly not wanting one because of the backlash that could have taken place.[55] Even the crown attorney Charles Hutchinson had written to Aemilius Irving stating that trying to secure a guilty verdict was a "waste of time and money," because of the negative feelings toward the Donnellys in the Middlesex county.[56]

The Donnelly myth today

The publication of Thomas Kelley's The Black Donnellys in 1954 generated much interest in the case. The family tombstone, with the inscription "murdered"[57] was the focus of curiosity and vandalism. Public access to the St. Patrick's Cemetery was denied. Remaining descendants of Donnelly family eventually chose to have the original tombstone replaced.[58]

Today the Donnellys are widely known in Canadian folklore, and the story of their murder is told throughout Canadian and American farming communities. However, despite the popularity of the Donnelly story throughout North America, the inhabitants of Lucan and Biddulph Township have tried to suppress the subject. Up until recently, even among those who were born and raised in the Lucan area, many had never heard the story of the Donnelly massacre until they were adults. Oral accounts of the murders were purportedly suppressed locally due to the number of residents who had ancestors who were directly involved in the circumstances.[59]

In recent years, several newcomers to the area have started businesses centred on the Donnelly story, creating tourism venues for visitors fascinated by the events surrounding their deaths, much to the dismay of older inhabitants. One of the more well known of these myths is that of the Midnight Lady who supposedly rides up and down the Roman Line every February 4. Another is that the ghosts of the murdered family members can be seen floating in the fields near the murder site and that horses will not ride past the former Donnelly homestead after midnight.[60]

Ray Fazakas best illustrates the situation in his book, when he states that despite the fact that the Donnellys have been removed from Biddulph, they have managed to remain alive thanks to Canadian folklore.[59]

The Lucan Area Heritage & Donnelly Museum

While for many years the story of the Donnelly massacre was suppressed in the town of Lucan, in 1995 the Lucan and Area Heritage Society formed to celebrate the heritage of the Lucan area by gathering local, historical artifacts. Over the next few years, interest in the area's heritage increased within the community, and so the collection continued to grow. In 1998, the museum acquired an 1850s log cabin with a very similar floor plan to that of the Donnelly homestead, making it a dramatic setting for visitors to hear the retelling of the Donnelly story, and visualize the tragic events that occurred in the early morning hours of February 4, 1880.

The Lucan Area Heritage Society, District Lion's Club, and Township of Lucan Biddulph raised over $600,000 for the construction of a new museum building after the University of Western Ontario identified the need for a new museum to spur economic growth in the community. This building reached completion in 2008, and opened to the public in 2009. The new Lucan Area Heritage & Donnelly Museum now highlights the Ray Fazakas Donnelly Collection, rotating exhibits, the "Donnelly Log Cabin", and the Hearn barn, which displays a variety of artifacts relating to agriculture in Biddulph in the past 150 years.

Now that the story of the Black Donnellys is being retold in the town where it all began, the Lucan Area Heritage & Donnelly Museum has visitors from all over the country come to learn about the area's history, and the events that occurred on February 4, 1880.

Cultural references

Stompin' Tom Connors wrote two songs in reference to the Donnelly family: "The Black Donnellys' Massacre" and "Jenny Donnelly", the latter of which was covered by Chantal Vitalis.

The Donnellys are one of the subjects of Steve Earle's song "Justice in Ontario", (the other subject being a 1978 motorcycle gang murder in Port Hope, Ontario).

Gene MacLellan sings a song called "Death of the Black Donnellys" on his album "Lonesome River", which refers to the Donnellys as Satan's spawn and their killers "...send them back to Hell".

In the 1980s, the London, Ontario punk band The Black Donnellys formed, taking their name from this infamous feud.

In 2005, Chris Doty wrote The Donnelly Trials, a play he based on the court script where twelve members of the audience become the jury deciding the fate of the defendants with the script providing two separate endings for either a "Guilty" or "Not Guilty" verdict. The play was performed in the same courtroom in which the actual trial took place.

In 2007, an NBC television series entitled The Black Donnellys followed the lives of four Irish brothers and their entrance into organized crime in Hell's Kitchen, New York City. The title is a homage to the infamous family, though the show is otherwise not related to the historical Donnellys.

In 2012, on October 26 and 27, the Waterford Heritage and Agricultural Museum hosted Moonlight & Mayhem ~ The Murder of Michael Donnelly (www.waterfordmuseum.ca). This was a unique, outdoor, after dark, theatrical production recreating the gruesome murder of Michael Donnelly which happened at the Commercial Hotel in Waterford. It was a guided walking tour presented twice nightly.

In 2013, running from April 11 until April 20, The Donnellys. Presented by the Owen Sound Little Theatre at the Roxy Theatre in Owen Sound, Ontario. It is a Drama with Music by Peter Colley and Directed by Corry Lapointe.

In 2015, running from March 7 to 29 at the Citadel Theatre in Edmonton, Catalyst Theatre's production of Vigilante, Jonathan Christenson as writer/director/composer/lyricist.

References in books and plays

See also

References

  1. 1 2 "Canadian Mysteries, the Massacre of the Black Donnellys". Retrieved January 30, 2012.
  2. ↑ http://www.canadianmysteries.ca/sites/donnellys/prelude/indexen.html
  3. ↑ Pettit, Jennifer, Dr and Kori Street, Dr "Disorderly Conduct." Heaven and Hell on Earth: The Massacre of The "Black Donnellys" Mount Royal College, 2006. Web. 9 November. 2014.
  4. ↑ Pettit, Jennifer, Dr, and Kori Street, Dr. "Settling In and Early Troubles." Heaven and Hell on Earth: The Massacre of The"Black Donnellys" Mount Royal College, 2006. Web. 10 Nov. 2014.
  5. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Reaney Papers, Box 23 (B1309), File 7B, Unknown, Court of Common Pleas, Ejectment Notice for James Donnelly from John Grace, May 26, 1856.
  6. 1 2 Miller, Orlo (1962). The Donnellys Must Die. Prospero Books, a division of Chapters,under license from CDG Books Canada. ISBN 1-55267-155-0.
  7. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 9, Unknown, Queen vs. James Donnelly et al., Assault and Wounding Joseph Berryhill, September 20, 1875.
  8. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 14, Unknown, Queen vs. Thomas Donnelly et al., Arson, Patrick Flanagan's Stables, March 11, 1876.
  9. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 29, Unknown, "John Donnelly Complaint, Trespass on His Land," September 10, 1879.
  10. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 25, Unknown, John Donnelly vs. James Carroll, Threats to Shoot, October 14, 1878.
  11. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 3, John Hyndman, Information of Witnesses and Inquisition, Queen vs. James Donnelly, Murder of Patrick Farrell, June 28, 1857.
  12. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 8, Unknown, Queen vs. James Donnelly Jr., Complaint of Thomas Gibbs, Theft, April 11, 1875.
  13. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 11, Unknown, Queen vs. Thomas Donnelly et al, Assault and Robbery Against James Curry, December 14, 1875.
  14. ↑ J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4877, File 26, Unknown, James Carroll vs. Donnellys, Assault, October 16, 1878.
  15. ↑ Pettit, Jennifer, Dr, and Kori Street, Dr. "Peace Society/Association." Heaven and Hell on Earth: The Massacre of The"Black Donnellys Mount Royal College, 2006. Web. 11 Nov. 2014.
  16. ↑ Pettit, Jennifer, Dr, and Kori Street, Dr. "Vigilance Committee." Heaven and Hell on Earth: The Massacre of The"Black Donnellys Mount Royal College, 2006. Web. 11 Nov. 2014.
  17. ↑ "Canadian Mysteries, The Massacre of the "Black" Donnellys". Retrieved January 30, 2012.
  18. ↑ Archives of Ontario - Toronto, Ontario, Canada. Registrations of Deaths, 1869-1934. MS 935, 496 reels. Roll: MS935_25. Middlesex County, Ontario, Canada.
  19. ↑ Ray Fazakes, The Donnelly Album: The Complete and Authentic Account (Toronto: The Macmillian Company, 1997), 238.
  20. 1 2 3 Fazakes, The Donnelly Album, 238.
  21. ↑ Fazakes, The Donnelly Album, 244-245.
  22. ↑ Ray Fazakes, The Donnelly Album: The Complete and Authentic Account (Toronto: The Macmillian Company, 1997), 237
  23. 1 2 3 Fazakes, The Donnelly Album, 237
  24. ↑ Fazakes, The Donnelly Album, 238
  25. 1 2 Fazakes, The Donnelly Album, 241
  26. ↑ Fazakes, The Donnelly Album,239.
  27. 1 2 Fazakes, The Donnelly Album,245.
  28. ↑ Norman Feltes, This Side of Heaven:Determining the Donnelly Murder, 1880 (Toronto: University of Toronto Press, 1999)
  29. ↑ Fazakes, The Donnelly Album, 240-241.
  30. ↑ Fazakes, The Donnelly Album,240-241.
  31. ↑ Peter Edwards, Night Justice: The True Story of the Black Donnellys (Toronto: Key Porter Books Limited, 2004), 16.
  32. 1 2 3 4 Fazakes, The Donnelly Album, 244.
  33. 1 2 3 Fazakes, The Donnelly Album, 245.
  34. 1 2 3 Edwards, Night Justice: The True Story of the Black Donnellys, 16.
  35. 1 2 3 4 Fazakes, The Donnelly Album, 246.
  36. 1 2 3 4 5 6 7 Fazakes, The Donnelly Album, 247.
  37. 1 2 3 Fazakes, The Donnelly Album, 248.
  38. ↑ Fazakes, The Donnelly Album, 249.
  39. 1 2 Fazakes, The Donnelly Album, 240.
  40. ↑ Fazakes, The Donnelly Album, 250.
  41. 1 2 3 4 5 6 7 8 Fazakes, The Donnelly Album, 251.
  42. 1 2 3 Fazakes, The Donnelly Album, 252.
  43. 1 2 Reaney, James. "The First Trial," The Donnelly Documents: An Ontario Vendetta. Toronto: The Champlain Society. 2004. Pg. cxii
  44. ↑ Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.82
  45. 1 2 Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.85
  46. ↑ Reaney, James. "The First Trial," The Donnelly Documents: An Ontario Vendetta. Toronto: The Champlain Society. 2004. Pg. cxxii
  47. ↑ archives at the Lucan Heritage/Donnelly Museum
  48. ↑ Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.20
  49. ↑ Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg. 21
  50. ↑ Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.38-39
  51. 1 2 3 Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.86
  52. ↑ Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.87
  53. ↑ Mckeown, Peter. A Donnelly Treatise: After the Massacre. 2004 pg.87-88
  54. 1 2 3 4 5 6 7 James Reaney, “The Second Trial,” The Donnelly Documents: An Ontario Vendetta. Toronto: The Champlain Society, 2004. pg. cxxxii-cxxxvii.
  55. ↑ Miller, Orlo (1962). The Donnellys Must Die. Prospero Books, a division of Chapters,under license from CDG Books Canada.
  56. ↑ “Trial Two,” The Massacre of the “Black Donnellys”. Canadian Mysteries. Retrieved October 25, 2014.
  57. ↑ "Find A Grave St Patrick's Lucan". Retrieved January 30, 2012.
  58. ↑ "Canadian Mysteries, The Massacre of the Black Donnellys". Retrieved January 30, 2012.
  59. 1 2 Fazakas, Ray (1995). The Donnelly Album.
  60. ↑ You Are Never Alone:Our Life on the Donnelly Homestead by J.Robert Salts,1996
  61. ↑ "Vigilante at Citadel Theatre". Retrieved March 8, 2015.

External links

History

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