The Invention of Murder (19 page)

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Authors: Judith Flanders

By 1871,
The Book of Remarkable Trials
gave only one page to Bradford (Jack Sheppard had twenty, Eugene Aram seventeen), and the author excused the scanty coverage: ‘The details of this case reach us in a very abridged form; and we have been unable to collect any information on which any reliance can be placed.’ The next murderer, John Scanlan, was even more completely subsumed into his dramatic
doppelganger.

Dion Boucicault had had a huge success with
The Corsican Brothers
in 1852, that play of double identities and duels, revenge and apparitions, with a famous double role for the actor-manager Charles Kean. But the two men quarrelled, and Boucicault and his actress wife went to New York, where in 1860 he wrote and they both starred in
The Colleen Bawn.
In triumph, they returned to London, to produce an amazing ten-month run of the play at the Adelphi Theatre.

The Colleen Bawn
tells the story of Hardress Cregan, a young Irish squire who is smitten by the beautiful but poor Eily O’Connor, the ‘Colleen Bawn’, or fair maid (played by Agnes Robertson, Mrs Boucicault). In the face of her purity and goodness, Cregan is unable to seduce her, and agrees to marry her. His mother, meanwhile, is being wooed by the evil Squire Corrigan. When she repudiates him (‘Contemptible hound, I loathe and despise you!’), he threatens to foreclose on her mortgage. She sees a way out of her money troubles by marrying Hardress to Anne Chute, the daughter of the local landowner; Anne, however, loves Cregan’s college friend Kyrle Daly. Hardress is now regretting his marriage: Eily speaks in dialect, is poor, and has ‘low’ friends, including Myles-na-Coppaleen (played by Boucicault), once a horse dealer, but now, brought down by unrequited love for the Colleen Bawn, a smuggler and poacher. The crippled Danny Mann, Hardress’ loyal servant, tells him: ‘do by Eily as wid the glove there on yer hand … if it fits too tight, take the knife to it … Only gi’ me the word, an’ I’ll engage that the Colleen Bawn will never throuble ye any more.’ Hardress is shocked, but Mrs Cregan overhears and tells Danny that Hardress has agreed to Eily’s death. Danny takes Eily out in his boat at night, and tries to get the marriage licence from her, but she refuses. ‘Then you’ve lived too long. Take your marriage lines wid ye to the bottom of the lake.’ He tosses her overboard and rows off. Myles, who is out checking on his illegal still, shoots wildly at Danny, before dramatically leaping from the cliff to rescue Eily. In the last act, Danny thinks Eily is dead, and confesses all to Father Tom. Meanwhile, Hardress has agreed to marry Anne, but on their wedding day Corrigan, who overheard Danny’s confession, arrives to arrest him for murder. In the nick of time, Myles appears with Eily. Mrs Cregan asks forgiveness, and Hardress, transformed by this trauma, swears eternal love for the Colleen Bawn. Anne and Kyrle Daly find each other, Corrigan is thrown in the horsepond, Myles is acclaimed a hero and everyone is happy in time for the final curtain.

It is hard to know quite what made
The Colleen Bawn
such a smash. Partly, it was its Irishry, which made the characters foreign but not too foreign;
The Times
noted with approval that the rogue Myles-na-Coppaleen was a ‘plebeian Irishman of scampish propensities, who alternates native shrewdness and pathos after a fashion familiar’. Partly it was the balance of melodrama and comedy. And mostly, as with
Jonathan Bradford,
it was the sensational staging. The attempted drowning of Eily, with Myles’ dramatic leap, routinely stopped the show. It is not entirely clear how this was done: the lake was blue gauze, manipulated by twenty boys standing in the wings, through which the drowning Eily dropped into an open trapdoor. Boucicault’s leap from the cliff, routinely described as a ‘header’, was probably carefully aimed between the gauzes at an open trap lined with a mattress or padding, onto which he would somersault. However it was done, it was thrilling enough that the Boucicaults had to stop and take a bow each night before proceeding.
*

Only infrequently had theatres been sites of subsidiary commercial activities: at performances of
Jack Sheppard
handcuffs for children, and bags holding ‘a few pick-locks. a screw driver, and iron lever’ were offered for sale;
The Woman in White,
the staging of Wilkie Collins’ 1859–60 novel, had produced Woman in White bonnets and Woman in White perfume. But it was
The Colleen Bawn
that developed the commercial merchandising opportunity. Sheet music had been sold in conjunction with popular shows before, but this was something else again. In 1861 alone Mr William Forde’s popular Irish airs were dedicated to Mrs Boucicault and illustrated with ‘a well-designed sketch of the most striking episode in the drama’; there were at least another dozen similar pieces, including a ‘Morceau de salon sur des mélodies Irlandaises’. Later there was the Colleen Bawn Polka, the Eily O’Connor Polka, Your Colleen Bawn, the Colleen Bawn Overture and the Colleen Bawn Quick-Step.

That was only the beginning. ‘Colleen cabs’ stood outside the theatre on the Strand, waiting to collect playgoers. Fashion adored the Colleen Bawn: by the spring of 1861 the women’s papers were filled with advertisements for ‘THE COLLEEN BAWN, the Mantle of the Season, price 3s. 6d.’; the ‘Colleen Bawn cloak’, which is ‘simple, but very pretty’; even the ‘Colleen Bawn manteau’, ‘trimmed at the bottom by five rows of narrow black velvet; the hood is ornamented by two agrafes [clasps] in silk passementerie, also black’ – not precisely what a poor Irish girl might be expected to wear. Closer to reality was the adoption by the fashionable of the Irish countrywoman’s red cloak, made from better-quality fabric and renamed the Colleen Bawn. The Colleen Bawn also permeated the leisure world. Mr Sydney Hodges exhibited his pair of paintings, the
Colleen Bawn
and the
Colleen Ruadh
(the red-headed girl). A greyhound at the Worcester Club Croome Meeting in 1861 was named the Colleen Bawn, as was a four-oared boat that raced at the Victoria Rowing Club. There was also a racehorse, but this was a three-year-old in 1861, which meant either that its name had been changed, or that it had been named for an earlier Colleen Bawn – which was not as odd as it may sound today.

For Dion Boucicault did not dream up the Colleen Bawn. The origins of Eily O’Connor are to be found in 1819, when the real Eily was drowned, with no Myles-na-Coppaleen to perform a header to save her. Eily was in reality Ellen Hanley, aged fifteen, the orphaned niece of a shoemaker (in some accounts, a rope-maker). She had somehow met John Scanlan, a retired lieutenant of the marines, and substantially above her in social status: the Scanlans probably belonged to Munster’s Catholic semi-gentry. On 29 June 1819, the couple eloped – in some accounts, they were married, in others, married by an excommunicated priest, which Scanlan (wrongly) believed would not be binding. Or Scanlan may simply have seduced Ellen, and she may have called herself ‘Mrs Scanlan’ in hope rather than fact. In any case, she stole her uncle’s savings and ran off. A few days later, Ellen Walsh, a local woman, took passage in a boat crossing the Shannon near Kilrush, with Scanlan, his boatman/servant Steven Sullivan and a woman who called herself Mrs Scanlan. They all stayed overnight at Mrs Walsh’s, where Mrs Scanlan showed off her fine new clothes. The next day Ellen Walsh saw Sullivan pull a ring off Mrs Scanlan’s finger, and the day after she noticed the trunk in which Mrs Scanlan’s new clothes had been packed sitting in Sullivan’s lodgings. Scanlan told her that Mrs Scanlan had run away with a ship’s captain, and she later overheard the two men arguing, with Sullivan saying, ‘Mr. John, I have as good a right to the money as you have.’

On 6 September, a body washed up on shore; it had been in the water for weeks, and was badly decomposed, with no hair or flesh on the skull, and with a broken arm and leg. Ellen Walsh, before she saw the body, described the missing Ellen Hanley, her clothes, and the fact that she had a curious pair of double eye teeth. She was shown the stays that had been found on the body (the remainder of the clothes had probably been lost during its prolonged immersion), and thought they resembled Ellen Hanley’s, but could not say more. All the teeth in the head had been knocked out, whether before or after death was not known, but on examination it was found that there were double sockets where the eye teeth would have been. Another woman came forward with clothes that matched Ellen Walsh’s description, which she had purchased from Sullivan. Sullivan ran away before an arrest could be made, and Scanlan was charged with murder.

Scanlan’s family had some influence and money, and he was represented by Daniel O’Connell, who would one day be ‘the Liberator’ of the Irish, but who was in 1819 one of the county’s most successful barristers. There are barely any newspaper reports of the trial itself, and later the
Pall Mall Gazette
claimed that family influence had hushed up the scandal. The
Belfast News-Letter
in its report omitted Scanlan’s name altogether, and most of the papers covered the case only when Sullivan was caught and tried, in July 1820. It is therefore difficult to put together an account of the trial, but even with a barrister of O’Connell’s abilities, there was not much defence to be made. The circumstantial evidence was unanswerable: the two men were the last people to be seen with Ellen Hanley, Scanlan was identified as the purchaser of the rope that was found tied to the body, Sullivan’s sister still had some of her clothes, and his landlady had others, received from Sullivan in lieu of rent. A local minister said that within a few days of the elopement, Scanlan was already obviously bored with his young ‘wife’. Scanlan blamed the missing Sullivan, saying he himself had had nothing to do with Ellen Hanley’s disappearance and death, that Sullivan had taken her out in a boat and returned without her. But he wasn’t believed. He was quickly found guilty, and even his own lawyer was untroubled by the verdict: ‘It is very unusual with me to be so satisfied,’ O’Connell wrote his wife, ‘but he is a horrid villain.’

Some months later, Sullivan was picked up for passing forged banknotes. In prison he was recognized as Scanlan’s servant, and he was brought to Limerick for trial. Unlike Scanlan, he had no legal representation. When he was asked if he had counsel, he replied: ‘I have no money to fee counsel or attorney, my Lord, and have nobody to look to but you and the great God to give fair play for my life.’ The prosecution simply proceeded, calling its first witness, not an unusual situation for a working-class defendant. Sullivan’s ‘defence’ consisted of him asking one witness two questions of no seeming relevance at all, and after fifteen minutes he was found guilty. Before his execution he confessed, saying that Scanlan had wanted to get rid of Miss Hanley because ‘she always called him her husband’, and he had asked Sullivan to take care of it. Sullivan claimed that it was ‘some days’ before he agreed – as though that made it better – and then he ‘bought a boat for the express purpose of destroying her, and got an iron chain and ring made by a smith in Kilrush, to tie around her neck. Scanlan settled the rope, and spliced a loop to it, which he put round a large stone, in order that I should lose no time, and left everything ready for me.’ On the water, Sullivan hit Ellen with his musket, missing her head and breaking her arm, ‘then beat her with the gun till she was quite dead. tied her right leg to her neck, to which a large stone was attached’, and threw her overboard.

So, no pretty, scenically-painted death in a red cape. Just two brutal men who used and threw away a child because they thought she didn’t matter. Romanticization quickly set in, however. First was M.J. Whitty in 1824. His
Tales of Irish Life
included a story based fairly accurately on Ellen Hanley’s life. Sally is the daughter of a humble but hardworking peasant. She is, of course, wonderfully beautiful, intelligent and ‘docile’. She works hard, gives her father her earnings, and his ‘approving kiss was the best reward of duty’. One day a stranger stops to ask for a drink of water, and tips her; she takes her first step on the downward slope by not handing the cash over to her father, but spending it on fashionable fripperies. She runs off with the stranger, and he marries her, choosing a ‘rejected’ priest whom he thinks will accidentally-on-purpose forget to register the marriage; but unfortunately he has not chosen well, and the marriage is valid. Within weeks he tires of her, takes her boating with his servant, and that is the end of her. Sally’s father and abandoned fiancé are on his trail, however, and see the murder take place, although they are too far away to prevent it. The husband is arrested and found to be ‘allied to some families of the highest respectability in Ireland, whose interest with the executive was so powerful, that the judge who tried him, acting in a manner which would have immortalized a Roman, ordered his immediate execution lest a reprieve might be obtained’. (Summary execution as a civic good?)

Gerald Griffin, a struggling journalist, may have read this story, but it was Griffin’s novel
The Collegians
that marked the real beginning of the legend. Now Ellen Hanley becomes Eily O’Connor, while Myles Murphy, a farmer who sells Kerry ponies, is nicknamed Myles-na-Coppaleen, Miles of the Ponies. Here is Hardress Cregan, who has run through his inheritance and is sponging off his friends; Danny Mann appears too, although here he has a sister, ‘Fighting Poll of the Reeks’, ‘a fearless, whisky-drinking virago, over six feet in her stocking vamps’, whom Boucicault wisely decided would be too much for delicate West End sensibilities. Anne Chute and Kyrle Daly appear for the first time, and Daly is equipped with a comic servant named Lowry Looby. Mrs Cregan pushes her son to marry Anne: ‘If you wed as I desire, you shall have all the happiness that rank, and wealth, and honour, and domestic affection, can secure you. If against my wish. whether I live or die. you shall never possess a guinea of your inheritance.’ Hardress omits to tell his mother that he is already married. But as weeks go past (not the mere days that it took the real Scanlan), he tires of Eily, and Danny has a number of suggestions: sending her back to her father, shipping her off to Quebec, or killing her. Hardress spurns them all, then gives a series of contradictory orders, until it appears he barely knows what he wants. Danny however understands, and takes Eily out on the water, returning alone. Hardress confesses to his mother, and when the body is found, and Danny flees, she plans to buy her son’s way out of trouble. Danny refuses to betray his master until, thinking Hardress has double-crossed him, he confesses all. Hardress is arrested, but is not considered entirely culpable – did he or did he not tell Danny to kill her? He is transported, Danny is hanged, and Mrs Cregan lives on to do ‘austere and humiliating works of piety, which her church prescribes for the observance of the penitent’.

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