Patrick Whelan

Level 72

Robin Sharkey on 25th June 2021

Report of his sentence in 1797 … Freemans Journal, Tuesday 26 December 1797, p.3 “Saturday last [ i.e. 23 December] the several persons who were found guilty at the Commission of Oyer and Terminer, were brought up to Court before the Hon Justice Downes, and received sentence. “Patrick Whelan and Martin Short, for burglary and robbery, in the county of Dublin, in the house of Mr Yates received sentence of death. “Patrick Madden, Joseph Davis, and John Lacey, for administering unlawful oaths, to be transported for life”. [also transported on Minerva]"

Level 72

Robin Sharkey on 25th June 2021

Patrick Whelan was a gentleman's servant to Mr yates ion Dublin and had been well trusted and respected by Yates when, one night he was one of a large party who broke into a Dublin house and took firearms from it. Mr Yates gave evidence that he identified him very clearly. Whelan was tried with Martin Short over the same incident; Short was also found guilty, and was also transported on ‘Minerva’. The newspaper report of trial does not state that the men were United Irishmen but this is typical of Irish political crime in order to arm themselves. One of the indents of the ‘Minerva’ marked both Whelan's and Short's name with an “r” meaning rebel. The first part of the newspaper report of the trial, which should have come before the evidence of Jospeh Coleman, above, was as follows: Freemans Journal, Tuesday 19 December 1797, p.3 “Commission Intelligence “Monday December 18 “A County jury having been impanelled, Patrick Whelan and Martin Short were put to the Bar, charged with having broken into the house of a Mr Yates and taking from thence firearms of different kinds — one count of the indictment was for, also, firing at the aforesaid Mr Yates. “MR YATES SWORN – Deposed that on the night mentioned in the indictment, his house as attacked — that he looked out of his bed-chamber window, and it having been a moon-light night, he plainly distinguished the face of the prisoner Whelan a few paces from the door — that he went downstairs to where he had a parlour where he had firearms deposited, with an intent to make a defence, but being without his breeches, he returned to his chamber to put them on, this taking up some time, before he returned there was a breach effected in the hall door, and his arms demanded — he took up a blunderbuss, intending resistance, when he was wounded by a shot from without and the blunderbuss fell from his grasp — the persons without then repeating the demand for arms, Mr Yates handed out a carbine and bayonet, but they desired to have the remainder particularising the exact number and description. “Whelan the prisoner had been confidential servant and shepherd to the witness, who respected him much, and had done him many and repeated acts of kindness prior to the event. “On his cross-examination, he deposed a positive knowledge of Whelan, and that it was impossible he could have been mistaken. Personal Life: THe Minerva Indent (1799) stated he was aged 44 and the second indent, ordered by convict occupation - perhaps on arrival in 1799 - stated he was aged 45 and a farmer. Before being transferred on to the Minerva in Cork Harbour in February 1798 Whelan was kept with many others on the tender vessel "Lively" which went from Dubin to Cork harbour. From here he wrote a petition in 1798, the index to the petition states: Surname: WHELAN; First name: PATRICK; Sex: M; Date of trial: 17/12/1797; Date of document: 1798; Description of crime: Burglary and robbery; Sentence: Death commuted to transportation for life; Name of ship: LIVELY; Petitioner: Convict; Record reference code: PPC 85; Comments: Convict’s wife deceased, four children living. Transport vessel bound for Botany Bay. On the voyage out when Minerva came across a Spanish galleon, the rebel Wicklow leader Joseph Holt claimed in his memoirs that the chief mate asked him if he would fight, and that he said yes if he could choose the men to work the gun. He chose six, two of whom were Pat Whelan and Martin Short, describing them all as “six good and resolute men on whom I could depend.”

Level 72

Robin Sharkey on 25th June 2021

Joseph Coleman, sworn “Deposed that he was of the party that went to Mr Yates’s house; that returning from work he went into a public-house where he met those persons, and that they forced him to accompany them; that on their way thy met with the prisoner Short, whom he believed they made also to go with them under the influence of fear; that there were 20 of them armed and that if they did not injure him and the prisoner Short then they would, he supposed, at a future time. That Short went with them the whole of the way and was the person who broke Mr Yates’s door, but not before he had twice refused to do so. Witness swore that the prisoner, Whelan, was not of the party, but that there was a person dressed like him, but was positive as to his not having been there. This part of the witness’s evidence was replied to by Mr Yates who said that, on the night stated in the indictment, the prisoner was not habited as he appeared at the bar. [He, Coleman] Witness was an approver and acknowledged that he gave information to save his own neck. “Mr Clinch, High Sheriff of the county Dublin, deposed that after having taken up Short, he [Short] confessed his having been of the party who committed the burglary and robbery in question and that he it was who broke the door — and that this confession was made voluntarily, and without any hope or fear being held out to induce it. “David Mitchell, John Locke Esq, and William Lyons, were examined to the character of the prisoners, whom they deposed to be men of excellent character and known to them for many years, particularly Short, of whom Mr Lock deposed a knowledge from his infancy, and that he was the best son to a mother, that ever lived. “The jury having retired for about half an hour, returned a verdict, both guilty on all counts of the indictment.” On the voyage out when Minerva came across a Spanish galleon, the rebel Wicklow leader Joseph Holt claimed in his memoirs he was asked by the chief mate if he would fight, and he claimed to be able to choose the men to work the gun, choosing six, two of whom were Martin Short and Pat Whelan. He described them as “six good and resolute men on whim I could depend.” ___________________________________________