SHOCKING MAYO TRAGEDY
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SENSATIONAL DENOUEMENT
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BAYONETTED, SHOT & MUTILATED
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PUBLIC FUNERAL AND GRAVESIDE ORATION
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(Ballina Herald, November 17, 1921)
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ON this day week, in the Town Hall, Ballina, were unravelled the details of a crime unexcelled in the annual of the terrible atrocities perpetrated in the country during the last few years, when the circumstances of the death of Michael Tolan, Shamble Street, Ballina, an N.C.O. of the Intelligence Department of the I.R.A., were investigated. Tolan had turned-in feet, and to all intents and purposes was a cripple, unable to defend himself. The first scene leading up to the awful tragedy is laid in Shamble Street. Early in the present year his mother’s home was raided by Crown forces, But Tolan was absent. From that time forward he never slept under the roof of his own house, and, shifting from pillar to post like a hunted animal, he led a life of terror and suspense, well knowing that enemy forces were hard upon his track.
This fretful and awful experience continued until the month of April, when on that fateful night of the 14th Crown Forces visited Shamble Street, not for the purpose of capturing Tolan but in connection with a row that had occurred in the street and had been reported at the barrack. On this night Tolan was sleeping in the house of a Mrs. Forbes. Having entered the street the forces of the Crown started rifle fire, and this continued for some time; afterwards they raided the house next to Mrs. Forbes, and while this was going on Tolan became terrified, with what right it was only subsequently to be learned. Some of the forces came in through the back door of Mrs. Forbes’ house and the fugitive, hearing their voices, made a dash for liberty in his bare feet. Having regard to the fact that he was deformed in the feet, it is not necessary to explain that he was unable to run. He did not get very far when he was captured and brought down to the barrack. On the following day he was visited by Miss M. Sweeney, Ballina, and he was then moaning and unable to eat food that was brought in to him. While in this state he was confined in a cell in his bare feet.
Some time afterwards he was visited by his mother and he was still in the cell. She only saw him once afterwards; permission to see him was refused on several occasions, but food was allowed to be sent into him. He was confined to the barracks for several weeks until an order for his interment was procured. He was then handed over to an escort for conveyance to Galway. From that forth he was not seen until his mutilated corpse was found in the bog as Shraheen. That he had met with such a fate was not suspected, but when repeated letters from his mother failed to elicit an answer suspicions were aroused. With the find of the remains in Shraheen bog the rumours afloat began to take tangible form. No one could say however, that the remains were those of Michael Tolan. The body had been mutilated, the reel feet had been hacked off and one of the arms had been wrenched from the body. Evidently it had remained in the bog for some time, for with the great heat of the summer the flesh had become decomposed. The village dogs had also attacked it and torn the flesh from the limbs. No one could identify the remains, and so it was that all that remained of eh dead n.c.o. found a last resting place in a pauper’s grave. In the terrible times that then prevailed the fact that the unidentified body of a man had been found in a bog received no more than passing notice. While the daily Press was ringing with murders and crimes of all sorts, the find of a body in a bog created no furore. But although the fact soon faded from the memory of the general public, not so with his friends of the I.R.A.
A military inquiry had been held by the military authorities, with what result is not known. After the truce the I.R.A. took the matter up with the Crown authorities, but as far as they could get in the elucidation of Tolan was, as stated in a communication from Capt. Norrington, D.I., who doing temporary duty in Ballina, that Tolan was handed to an escort to be conveyed for internment to Galway, but that although the escort arrived Tolan did not. The Liasion Officer then took up the matter, but the authorities definitely refused to give any information as to Tolan’s whereabouts or what happened to him. The next step in the terrible drama was taken by the I.R.A. on Monday last, when the body of the man found in the bog was exhumed in the presence of a jury, the Deputy Coroner, Dr. McGuinness, and Dr. Crowley, T.D.; Dr. Ferran, T.D., and Dr. Madden. A post mortem examination was held, and the remains of all that was mortal of Michael Tolan was clearly and conclusively identified. The way in which he met his death is given in the horrifying story told by the medial gentlemen named. Two bullet wounds were found in the back of the head, one having an exit through the eye, and other through the cheek bone, four teeth which did not appear to have been extracted, were missing, and evidently broken off by a heavy blunt instrument; an arm was wrenched off, and in the chest penetrating to the back was a large wound as if inflicted by a bayonet. Such was the manner in which poor Tolan met his death.
When the inquest was opened in the Town Hall on Thursday, the building was packed to the door. The inquiry was conducted by Dr. McGuinness, Deputy Coroner for North Mayo, and amongst those present were—Dr. Crowley, T.D.; Dr. Ferran, T.D.; Mr. T. Derrig, T.D., and Mr. P. J. Ruttledge, T.D>, solr. (who watched the proceedings on behalf of the O/C of Republican Police, North Mayo.
The following are the names of the jury: Michael O’Boyle (foreman); Dominick Molloy, M. Davis, James Ahearn, M. McNulty, P. Beirne, P. O’Brien, J. Lowther, P. English, T. O’Connell, J. Murphy, J. McNulty, T. McHale.
Addressing the jury, the Coroner said they were summoned there to hear evidence following the death of a young man, the body of whom they saw in Leigue cemetery on Monday, and which body was identified in their presence as that of Michael Tolan, who had lived in Mill Street, Ballina. He did not intend to take up their time in going into the history of the case. They were all aware that they were there to investigate—they were face to face—with a gruesome and a horrifying crime. Seldom was a coroner face to face with such an intelligent and influential jury, and he was sure they would do their duty impartially and dispassionately, and give a full measure of justice in the case of this boy and in regard to anything that may have occurred in this terrible transaction.
Phelim Calleary, B.E., deposed—I live in Ballina; I was in Leigue graveyard on last Monday, and I saw a dead body there which I identified as that of Michael Tolan. I was well acquainted with Michael Tolan. He was about 26 years of age; he was unmarried; he was a tailor, and an N.C.O. of the Ballina battalion of the Irish Volunteers.
In reply to Mr. Ruttledge, witness said he was well acquainted with the deceased. He was satisfied that the body was that of N.C.O. Tolan.
John Armstrong was the next witness examined, and, in reply to Mr. Ruttledge, deposed that he lived at Shraheen. He recollected that in the month of June it was reported to him that there was a body of a man in the bog about 500 yards from his house. He went to the place and saw the body, which was partly eaten away. The man wore a dark green overcoat.
Were the feet intact with the body?—They were.
Were you there when the English Police examined the body—Yes.
And the feet were then intact to the body?—Yes.
Did you see anything being taken from the coat of the dead body?—Yes, two collars, a tie, a tailor’s thimble, a tooth brush, a Rosary beads, and some packets of cigarettes.
Did you hear any shots near your house?—No.
You were in the house for a fortnight before that?—Yes, I often heard shots fired in the locality. The name of the townland in which the body was found is Curragh.
Mr. McHale—Was there another inquest held on the body?
Coroner—I don’t know anything about it. At all events, if there was, it was not held by the Coroner for the county.
Michael Lynch, Curragh, deposed, in reply to Mr. Ruttledge, that some time last summer it was reported to him that there was a body in Shraheen bog.
About what time?—i think it was in June, but I don’t know the exact date. I went, in company with John Armstrong, to see the body.
Will you tell the jury what condition it was in?—There was no flesh on the limbs from the hips down. The boots were on the feet. The feet were attached to the body. I was present when the British Police came there to inspect the body.
At the time were the boots still on and the feet attached to the body?—Yes.
Did you see them take the thimble and tooth brush from his pocket?—Yes.
And some cigarettes?—Yes.
And collar?—Two collars and a black tie.
You did not hear any shots fired a short time before that?—They used to fire in the day time when they were passing.
Did you hear any at night?—I did, one night.
How long ago was that?—About two months.
Did you notice anything peculiar about the feet?—They appeared to be very thick about the ankle.
Were the feet turned in?—Well, they were peculiar looking.
Mr. Ruttledge—Did you notice his overcoat?—A dark green overcoat and grey sports coat inside of it.
Dr. M. D. Staunton, Swinford, deposed in reply to Mr. Ruttledge, that he was requested last May to inspect a body that was found in Shraheen bog—about the end of May. He had been previously shown a pair of boots at Foxford R.I.C. barrack.
What size were the boots?—About eights; a small size.
Was there any flesh attached to the boots?—There was nothing to indicate that they were taken off a dead body. When I saw the body it was very much decomposed.
What sort of a coat did the body wear?—The overcoat was dark green. The inside coat was a rough grey homespun. The bones of the lower limbs were missing; the flesh was gone as far as the feet.
Was there anything peculiar about the feet?—They were stumpy and turned in.
Was there any remark passed about the man being reel-footed?—Some of the members of the R.I.C. asked that question.
In your opinion was he?-He could have been, but it was not possible to definitely say.
Did you find any wounds on the body?—The right upper limb was torn away; there was a penetrating wound on the left chest.
That wound, in your opinion, was not caused by a bullet?—A bayonet would have caused it. It was a rough wound, rougher than what would be caused by a bullet. There was a rough beard on the face, as if the man had not been shaved for some time before he died.
Did you see anything being taken from his pocket?—Cigarettes and large box of matches, two collars, with the name “J. J. Murphy, Ballina,” painted on them. The cigarettes and matches were of Irish make.
Was there a thimble taken from his pocket?—It could have been, as I was looking at the wound.
How long would you say the body was dead?—The weather was fine, and it would decompose in a short time. The body was dead for about two or three weeks when I saw it.
Did you examine the back of the head?—I did not. It was as much as i could do to stand near it for ten or fifteen minutes. The body had a good set of teeth. The hair came off the head when touched.
Mr. Murphy—What was the wound in the chest like?—It went right through the chest wall.
Mrs. A. Quigley, a widow, and mother of the deceased, was next called. In reply to Mr. Ruttledge she stated she lived in Mill Street. Michael Tolan, her late son, was about 26 years of age.
You are aware that he was captured by British forces on the 14th April?—Yes.
What sort of clothes did he wear at the time?—He wore a dark steel-grey trousers, and a grey coat, the same as the trousers.
What sort of an overcoat?—He had no overcoat, except one that was sent into the barrack to him by Mrs. O’Hora. I did not see it. My soon had brown curly hair and a good set of teeth. He had one tooth missing that he had got drawn by a dentist.
Are you aware that there was a bit knocked off one of his teeth?—I am not.
Had he reel feet?—He had from his infancy.
When did you seem after he was captured?—About three weeks later in the barrack.
At that time had the British Forces him in a dark cell?—Yes.
And it was only in the dark you were permitted to see him?—That is so, sir. The first day he was in the dark, and I could not see him. I saw him better the next time, because he was allowed to the door of the cell. Those were the only occasions on which I was permitted to see him.
Did you know anything about him having a thimble in his pocket?—No.
It was not in your house he was captured?—No. The two occasion I speak of were the last I saw my boy.
Mr. Murphy—On the last occasion on which you saw him was he shaved?—I could not say, but Father Greaney told me, after he heard his Confessions, that all that was wrong with him was that he was not shaved.
He was a tailor by trade?—Yes.
Mrs. Forbes, Mill Street, gave evidence that during hostilities the Michael Tolan was in the habit of staying with her.
Mr. Ruttledge—Do you remember the night of the 14th April?—Yes, he was staying in my house that night.
Did some member of the British forces carry out a raid on your house that night?—No, on the house next door, but they came in through my back door and went out the front door.
Did Michael Tolan endeavour to escape?—He did, but he was captured a few yards from the house.
When he was captured was he without his boots and stockings?—Yes.
And he was brought away by the British forces without them?—He was.
What sort of trousers did he wear?—A dark grey. The deceased had a thimble in his pocket, and was a tailor by trade. He had three collars of Mr. J. J. Murphy’s and a black poplin tie. The collars were of the butterfly pattern.
Mr. O’Connell—Did he send for his boots afterwards?—I sent them down to the barrack.
Mrs. Kelly, Mill Street, sister of the deceased was next examined, and deposed, in reply to Mr. Ruttledge, that her brother a the time was captured wore a grey coat and a dark grey trousers. He had brown curly hair and a good set of teeth, and reel feet. One of his teeth was missing.
Did you go to the British police barrack at Foxford about two months ago?—Yes.
Did you inquire about him?—Yes, about his clothes.
Will you tell the jury what transpired there?—They told me the coat my brother had was of the same kind of cloth as the patch I had in my hand. They said he had two pairs of socks.
Did you say anything about the boots?—They said the socks were turned up and sewed at the top. Socks were always too long for him, and that was what he usually did with them.
Who had you the conversation with?—With a Black and Tan> He said the boots he wore were too small. Sergeant King showed me a dark green coat, and he said it was the same pattern as that worn by the deceased.
Were you prevented from seeing him while he was in the barrack?—Ye/ Sergeant King also told me that the body was placed in the bog by the Auxiliaries in broad daylight.
Dr. Crowley deposed—On Monday, 7th November, 1921, with Dr. Ferran, I was present at Leigue graveyard and saw there the coffin on the ground beside a newly opened grave. On the lid being removed from the coffin I saw a shrouding of sacking material, which on being opened disclosed human remains in an advanced stage of decomposition. On making a detailed examination I formed the opinion that the remains were those of an adult male under medium height with brown curly hair, with fairly well developed trunk. With the exception of the upper portion of the back, back and sides of neck and back of head, the skin and soft tissues had disappeared. Portions of the skeleton were missing, including the right arm and hand, the lower portion of the left forearm, portions of both legs, the lower third of the tibiae and fibulae, and both feet. Portions of clothing were on the remains—that is, trousers and suspenders attached behind by a spoon, part of coat and shirt. Material of coat appeared to be a blueish grey flannel, with cuffs turned up, and blue buttons. On examining the skull I found the two central incisor teeth of the lower jaw and the left lateral and left central teeth on the upper jaw missing. These teeth did not appear to have been extracted. The first bicuspid tooth on the right side in the upper jaw was missing, and appeared to have been extracted some considerable time before death. There was an irregular triangular shaped opening in the right upper jaw in the situation of the canine fossa. The left ramus or ascending portion of the lower jaw was broken below the level where the coronoid process and condylar spring from it. On examining the roof of the skull I found a circular opening in the back part two and a quarter inches about the external occipital bone at the junction of the lambdoid with the sagittal suture. I found another circular aperture in the right parietal bone just in front of the lambdoid suture. This aperture was one and a quarter inches to the right of the aperture already mentioned. Both openings were exactly similar in size and shape and admitted the tip of the little finger. On the left side of the skull was a fracture running horizontally across the temporal fossa. On removing the vault of the skull and turning out the brain and membrane I found a specula of bone lying loose and free in the brain substance. On examining the base of the skull from within I found a large irregular opening in the right middle fossa. There was another large irregular opening in the orbital plate of the frontal bone on the left side. In my opinion the two circular apertures in the back of the skull were caused by revolver bullets, as were also the openings in the right middle fossa, the left anterior fossa, and the opening in the upper jaw. The bullet which caused the circular apertures at the junction of the lambdoid and sagittal surtures, in my opinion, passed out through the orbital plate of the frontal bone and through the left eye. The bullet which caused the circular opening in the parietal bone passed through the right middle fossa and right upper jaw. The bullets took a course through the skull from behind, forwards and slightly downwards, in my opinion, and from their situation and the direction they took. I deem it probable that the deceased was lying upon the ground face downwards, and that the bullets were fired by some person or persons standing over him. In my opinion the bullet wounds through the skull were the cause of death.
In your opinion were they fired at close range?—Yes.
Did you form the opinion that he was a reel-footed man?—From the appearance of the thigh bones he must have suffered from some deformity. The tibia and fibula were of normal length, and if a deformity existed, it existed in the lower feet. The bone of the feet were taken off. It seemed to me that was a similarity in the knees and sins and bones of the legs and forearm. Both bones were broken at the same level, and it appears to me that whatever agent was used, the same agent was used in the case of the two legs and the upper forearm.
Can you form any opinion as to the agent employed?—It would appear to be a heavy blunt instrument.
It would require a heavy weapon used with considerable force?—Yes, it would require a considerable amount of force. The distance from the upper extremity of the tibia to the lower fracture was 13 inches in the right leg and 11 inches in the left leg, and in the case of the forearm 5 inches in length from the extreme upper end.
Dr. Ferran deposed that he agreed with Dr. Crowley except in regard to the probable position of deceased when fired at. From the position and direction of the wounds in the head he was of the opinion that the bullets were fired in rapid succession or simultaneously by one or two persons from a position almost directly behind and at a slightly higher level than the deceased’s head. He added that there was a marked deformity of both lower limbs, the thigh bones being bowed outwards and rotating inwards. The effect of this would be to compel the person to walk on the outer side of the feet with the toes pointing inwards. Owing to the lightness of the skeleton bones he concluded that the feet were small. He was of opinion that the feet were removed some time after death.
Mr. Ruttledge—In your opinion the deceased was suffering from a deformity of the legs?—Yes, and that the feet were removed after death.
Dr. J. A. Madden was next examined, and gave it as his opinion that the man was shot by revolvers by two different men, who fired when he was in a standing position, and by .45 bullets. He did not think the man was lying flat when fired on. In all other points he concurred with the evidence of Dr. Crowley and Dr. Ferran. He was satisfied from enquiries he made that the deceased was an n.c.o. of a company of the 1st battn. of the North Mayo Brigade. Enemy forces had refused to give any information about the deceased to the I.R.A. liaison officer, as they said it occurred before the Truce. He asked for a report about the whereabouts of the deceased, but there was a point blank refusal.
Coroner—Did they refuse definitely, or did they say they were unable to give any information?—The refused definitely. They told the liaison officer that it occurred before the truce and that he was not concerned with the matter and that he would no information.
This completed the evidence and Mr. Ruttledge then read the following correspondence which took place in regard to the case between himself and the authorities.
10th August, 1921.
Dear Sir—I have been consulted by Mrs. Tolan, Shamble Street, Ballina, with reference to her son, Michael Tolan. Mrs. Tolan instructs me that her son was arrested by local Crown forces on the 18th of April last, and that after that date, although she made numerous inquiries at your barracks as to her son’s whereabouts, she failed to elicit any definite information about him. Since his arrest on the 18th April his mother has not heard from him. I would be obliged if you would furnish me with particulars of date of his removal from your barracks, the officer into whose charge he was handed over, and his destination, with a view to having him traced. Some serious, but I trust unfounded, reports have been circulated in this district about Tolan, which are causing uneasiness amongst the Republican forces, and lest this might interfere with the observance of the Truce I am forwarding statement in the matter to the Liaison Officer of Mayo and Galway Brigades—Commandant Staines—for investigation by him, and I will require the foregoing information to assist us—Yours faithfully,
P. J. RUTTLEDGE.
The District Inspector, Ballina.
11th August, 1921.
P. J. Ruttledge, Esq., Solicitor, Ballina.
I beg to acknowledge your letter of the 13th inst., re Michael Tolan, and wish to inform you that I will have inquiries made.
L. C. NORRINGTON, D.I.,
14/8/’21.
P. J. Ruttledge, Esq., Ballina.
Reference your letter of the 10th inst., I have to inform you that Michael Tolan was in custody in Ballina Barracks from the 18th April until the 7th May. An order was granted by the Competent military Authority for his internment, and he was handed over on the latter date to an escort of Galway police, who returned to Galway that evening. I am informed that he did not arrive at the Galway internment camp, and am communicating with my authorities there, to obtain fuller information.
L. C. NORRINGTON, D.I.,
Liaison Officer, 2 University Road,
Galway, 10th September, 1921.
P. J. Ruttledge, Esq., Solicitor, Ballina.
A Chara—I have made inquiries from Mr. Cruise with reference to the fate of Michael Tolan. With regard to this case, he takes up the same attitude as we did when he made inquiries as to the fate of Sergt. Foody and Joyce, N.T.—that as these things occurred before the Truce it is not in our province as liaison officers to deal with them now. –Mise de Chara,
M. J. STAINES, Comdt.,
Liaison Officer, Galway and Mayo Brigades.
I would suggest that you report this case to G.H.Q., at once, as well as pressing the local D.I. for further information.—M.J.S.
24th September, 1921.
The District Inspector, R.I.C., Ballina.
With reference to your letter of 14th August last, re Michael Tolan, I would be glad to know if you have as yet received any further information from your authorities in the matter.—Yours faithfully,
P. J. RUTTLEDGE.
27th September, 1921.
Sir—Reference to your letter of 24th inst., re Michael Tolan. I am informed by my authorities that owing to the absence on sick leave of some of the Auxiliary Police Force who are concerned in the case, it is not been possible as yet to complete inquiries into the matter.—Yours faithfully,
W.E. WHITE, D.I.
P. J. Ruttledge, Solicitor.
Miss M. Sweeney, Ballina, deposed that she saw N.C.O. Tolan the day after he was arrested, in the Ballina R.I.C. barrack. At that time he was moaning and unable to eat the food that was brought in to him.
Was he moaning as if he was very badly beaten?—Yes.
Did he say that they had nearly killed him?—Yes.
Was he left there in the cold cell without either shoes or socks?—Yes, I saw him in his bare feet.
The cell, of course, was cold?—Yes.
Had you some difficulty in getting to see him?—Yes.
When you got inside there was some trouble about you seeing him with the permission of the D.I?—Yes.
Did you send him down socks?—Yes, thick woollen heated stockings. I did not see him afterwards.
Miss Ida O’Hora was next examined, and deposed that she knew the deceased pretty well. Before he was arrested he wore a grey coat and a dark grey trousers. She gave him a dark green overcoat the night after he was arrested. He had brown curly hair and a good set of teeth.
Did you supply him with food while he was in custody?—Yes.
Mr. Ruttledge then addressed the jury and said—“Mr. foreman and gentlemen of the jury, it is not my purpose to detain you long, for I consider the evidence that has been placed before you is so strong that there is one verdict, and only one, that a justice-loving jury—a jury springing from the citizens of this town—there is only one verdict you can return, and that is that N.C.O. Michael Tolan was foully murdered by the British authorities. For that reason this inquiry is to you, I am sure, the most serious inquiry in which you have ever been engaged, and it is serious from another point of view. It is serious from the point of view that wherever the Irish race throughout the world is, they will read of this atrocity as the most damnable atrocity that was ever committed, I don’t care, even in pre-historic times, no more damnable atrocity could have been committed, than if the sluice gates of hell were raised and all the villains and demons let loose—and undoubtedly committed by the British authorities in this country. It is very hard to address a jury dispassionately in this case; but I am convinced on the evidence, as I am sure are—the conclusive evidence that this man was foully murdered, that he was murdered by those who had no right in this country—and having before your mind the state and condition that he was in, the poor cripple who was made the target for the gallant men who we are told they are, and who, we are told, always follow the code of civilised warfare”.
Proceeding, Mr. Ruttledge reviewed the evidence at length. “It appeared, he said, “from Dr. Staunton’s evidence that he was brought to see the body of a murdered man by the British enemy authorities some time in the month of May. His evidence pointed out that the boots had been removed from the body and also that the feet had been removed from the body. He did not know if he was right in saying that, but at all events he said that the flesh of the feet were turned in. He also proved that he wore a dark green overcoat and that a policeman mentioned in his presence that he was reel-footed. He gave them authoritative evidence of that. He also proved to them that there was a jagged triangular wound on the left side of the chest that might have been caused by a bayonet—in other words, that the man was bayoneted. He swore that he saw collars taken from his pocket with the name of ‘J. J. Murphy, Ballina’ on them. That evidence was followed up by Lynch and Armstrong, and they stated in their evidence that the boots were on the feet., which were turned in and deformed; that they saw the dark green overcoat, the collars, the thimble and the toothbrush. The evidence of Lynch and Armstrong corroborated that given by Dr. Staunton. They had the positive evidence of Mr. Calleary that he had known this man through life, that he had seen the body and that it was the body of N.C.O. Tolan. They had the evidence of the mother, Mrs. Quigley, and she described to them the colour of his hair, that he had a good set of teeth, and the colour and description of the clothes he wore at the time he was in Ballina.
His sister, Mrs. Kelly, also gave evidence as to the colour and description of the sports coat he wore, and she proved also a most interesting thing and an item of importance, that she had a conversation with a ‘black and tan’ of the British forces in Foxford barrack. He did not want to analyse her evidence minutely, but it clearly corroborated the evidence in regard to the coat,, trousers, socks, boots, and that the boots were taken off him and brought to Foxford. They had the evidence of Mrs. Forbes that she had given him three collars of the ‘butterfly’ pattern, and that she got them in Murphy’s and brought them to him; that he had a dark grey trousers and a sports coat, that he had a toothbrush and a thimble in his pocket when he was captured. They had Miss O’Hora’s evidence that she brought a dark green overcoat to the barrack. They had Miss Sweeney’s evidence as to sending a pair of socks to him of the same description that turned up afterwards. They had the evidence of Dr. Crowley—and he did not think it was in any way difficult to understand an account of the confusing medical terms—it was perfectly clear and plain and explicit as to the manner in which N.C.O. Tolan met his death. The only difference in the medical opinion given was that one doctor suggested that the man was shot while lying on the ground, while others suggested that he was shot from higher level in a standing position. There was also a slight difference from the military point of view, where Dr. Madden expressed the opinion that there were two people engaged in the shooting and that the two shots were fired simultaneously. They had the evidence of the three medical gentlemen that they examined the body, and that from their examination they were satisfied that it was the body of a deformed man—the body of the person who was represented to the jury as that of N.C.O. Tolan, and that they had come to that conclusion on the best grounds that medical science could give that the legs were curved.”
Proceeding, Mr. Ruttledge said he made the suggestion without fear, favour or affection that the deceased man’s feet were hacked off by his murderers—it may seem a strong suggestion, but he made it without qualification—that the feet were hacked off to enable those scoundrels to evade identification. They must be satisfied that the medical evidence corroborated en carte the evidence that this was the body of N.C.O. Tolan, and once this was established—and he did not think he would be justified in detaining the jury any further in trying to make it clear—having got so far the next question was how he came by his death? Again they went to the medical evidence, and he submitted that satisfied them that he was shot, shot at close range. The only possible defence in law or equity, or even in military law, for a man being shot while a prisoner was that he was trying to escape. That was a defence that was used extensively a couple of months ago. In this case it was not suggested that Tolan was trying to escape; that defence would look too ridiculous—the man was a cripple and was not able to run. They had letters from D.I. Norrington, of the British forces, in which he did not rely on the fact that he was trying to escape. He tried to brazen out the fact that the man was still in custody although he knew perfectly well that he was murdered by the forces of the Crown. Even if he was trying to escape according to British law he was murdered; but there was no suggestion he was trying to escape. He only put that question to them as to the legality of the question of murder. He put it to them that they were deciding between two armies, that they were deciding between an army that observed all the rules of warfare and army that committed foul murder not only in contravention of their own laws, but in contravention of every international code extant. No case had arisen in their time in this country or at any time, and he was satisfied they would have to go back to prehistoric times to find an equal to such barbarians, such demons, as those who committed this mean, cowardly murder. He believed that no case would ever arise that would equal the atrocity they now investigating. There was no code in international law that justified the murder of a deformed man while in custody. They were not satisfied in starving him, in beating him, in flogging him, in preventing his relations from seeing him until they must do him in. Their cruelty, their uncivilised barbarity, were not sufficient; they must cover up their tracks—they must hack the legs off him. He asked the jury to return a verdict in that court that would justify the high opinion that the citizens of Ballina held of them, an opinion that he suggested the Irish army held of them—a verdict that this man was foully murdered by British forces in this country (loud and continuous applause).
The Coroner, addressing the jury, said they heard the evidence tendered in this deplorable case, and it now became their duty to return a verdict based on that evidence. In the ordinary course it would be expected that he would give a resume of the evidence, but he thought in this case that was not necessary, especially having regard to the fact that Mr. Ruttledge had gone over the different points in the evidence very fully. On the question of identity some doubt seemed to have exercised the minds of the jury, but he thought that the identity of the body. Proceeding, he reviewed the medical evidence in regard to the establishment of the identity of the body and pointed out that the doctors were of opinion that the body was that of a man who suffered from some deformity of both lower limbs. The body of the man the jury viewed was that of Michael Tolan and that of no other person. The man was taken away by a party of Auxiliaries for the purpose of being interned. That was the last that was seen or heard of him on God’s earth. The body was next found mutilated in such a fashion that here they had an analogy to the ghouls they read of in eastern countries, who ill-treated the dead and even sometimes devoured them. “Who committed this crime?” the Coroner asked, “or what became of the man who was taken away from the barrack? The lorry duly arrived in Galway, but it did not bring Michael Tolan there. Probably they left him behind in Shraheen. It was for the jury to say whether this was a case of wilful murder.”
The jury then retired, and after about half an hour’s absence returned with the following verdict, which was received with loud applause:-- “We find that N.C.O. Tolan was wilfully murdered by British Crown forces whilst in their custody.”
The jury added a rider expressing sympathy with the relatives and the battalion to which deceased belonged, in which the Coroner joined.
Acknowledging a vote of thanks proposed by Mr. O’Boyle and seconded by Mr. Ahearn, the Coroner said that they would do everything in their power for the purpose of throwing light on the hideous proceedings which resulted in the death of this inoffensive young man. It was certainly one of the crimes that cried aloud to Heaven for vengeance.
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PUBLIC FUNERAL
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IMMENSE CORTEGE
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Funeral Oration by Mr. P. Ruttledge, T.D.
As the remains were being borne from the Cathedral the “Dead March in Saul” was played on the organ.
From 11 o’clock to 3 o’clock the whole town was closed down and shuttered in mourning for the murdered boy. The attendance at the High Mass was of enormous proportions. The Cathedral was filled to its upmost capacity, whole many to remain in the porches and even in the chapel yard.
From early morning large numbers of volunteers had been pouring into the town, and as the coffin was placed in the hearse fully 1,000 men lined up in military formation between the bridges. The following companies, commanded by their own officers, were in attendance: Ballina, Bonniconlon, Knockmore, Ardagh, Rehins, Crossmolina, Killala, Corballa, Corembla, Enniscrone, Lacken, Attymass and Breaffy. The different companies marched in the order given, and were followed by the Ballina Fianna, and finally came the members of the Cumann-na-mBan. To the minute of 12 o’clock the mournful procession moved off headed by the massed bands of the Hibernian and Foresters Societies playing Chopin’s funeral march. Irrespective of the Volunteers the cortege formed a dense mass of people. In all there must have been over 3,000 in the vast procession. The cortege took over half an hour to pass a given point, and as it moved along the members of the Cumann-na-mBan recited the Rosary in Irish. The whole spectacle was mournful and pitiful in the extreme.
Amongst those present at the funeral were his Lordship Most Rev. Dr. Naughton and the priests already mentioned.
The chief mourners were the murdered man’s mother and his two married sisters.
On the arrival of the funeral the volunteers formed a square in the cemetery, and afterwards assumed mass formation. The burial service was chanted by the clergymen present, and as the coffin was lowered into the grave, which was inlaid with moss and ivy, the commanding officers of the volunteers stood to attention and saluted. A firing party of twenty men lined up on either side of the grave, and when all that was mortal of Michael Tolan was consigned to the soil of the motherland, three volleys were discharged and “The Last Post” sounded. The day was fine, tinged with frost, and as the plaintive notes rang out on the clear air many a silent tear was shed. –Veros amicos reparare deficle est.
The following is a list of the wreaths placed on the grave:--
“With pride and respect from the officers and n.c.o.s of the men of the Ballina Comapny”;
“In remembrance of Michael Tolan, who lost his life for Ireland.—Enniscrone Cumann-na-mBan”;
“With sympathy and pride from Killala Cumann-na-mBan”;
“With sympathy and pride to an Irish martyr from the Lacken Company”;
“In memory of Michael Tolan, who murdered by Crown forces, from Ballina Cumann-na-mBan”;
“In loving memory of N.C.O. Michael Tolan, from the staff of the North Mayo Brigade”;
“In pride and loving memory of our departed hero, from Ballina Sinn Fein Club”;
“In loving memory from the officers and n.c.o.s and men of the Fianna, Ballina”;
“In loving memory and respect from the 1st Battalion of North Mayo Brigade”;
“In loving memory of Michael Tolan, from Ballina Irish National Foresters. ‘Until the future dare forget the past, their fate and fame shall be an echo and a light for all eternity.’ “
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ORATION OF MR. RUTTLEDGE, T.D.
“For some time it may appear exceptional, but to anyone acquainted with the history of the barbarous invader in this country it is not. We must realise that we are dealing with a barbarous foe, to whom no laws of war would seem to apply, and to whom nothing but cowardice and infamous deeds must be credited. The circumstances of your death will be an incentive to us if hostilities are resumed to grasp more firmly our rifles, and above your grave we raise our hands, renew our vows, and pledge ourselves, that we shall not relax our efforts until the cause for which you gave your life, is attained. We will endeavour to follow the same footsteps which you trod in life, and though some of us may be destined to go to the same dark cold cell, called the lock-up, in the Ballina Barracks in which you were immured, or whether it may be to any other enemy institution, we shall never rest, unto the last vestige of British devilry is eradicated from this country.
“We will carry on, and to the people who surround this grave to-day who are not members of our army we say that the least they owe to the memory of N.C.O. Tolan is that they will not recognise the members or officials of the enemy service who now walk our streets. It is a small request I make, but it is a request I make with sincerity and with a full realisation of what it means. These officials represent to us all that to which we have a typical example in the torture and death of him whom we honour here to-day.” (applause).
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BALLINA DISTRICT COUNCIL’S SYMPATHY
At the meeting of the Ballina District Council, held on Monday, Mr. M. Kevany, chairman, presiding, Mr. M. Mullen, proposed a resolution of deep sympathy to Mrs. Quigley, mother of the late N.C.O. Tolan, “who was foully murdered by Crown forces while a prisoner in their custody.”
Mr. A. Kerrigan seconded.
The Chairman said it was unnecessary to say anything in condemnation of the atrocity. The facts spoke for themselves. It was one of the cruellest murders that was ever perpetrated—it was beyond imagination. If they came from the infernal regions he did not think they could do worse.
Mr. Gillespie—As Mr. Ruttledge said—“If the gates of hell were opened and all the devils let loose they could not do worse.”
The resolution was passed in silence.
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LATE N.C.O. TOLAN
(Contributed)
Sleep, soldier, sleep, thy fight is o’er,
Clasped in the arms of mother earth;
You rest in peace, asthore.
Faithful to the last;
You proved yourself a man,
Brave in times now passed—
They could not say you ran.
Would to Heaven that all men were like you,
With hearts so brave, so simple, kind and true;
Ready to give their lives at duty’s call
Unflinching, and “with chest extending to the ball.”
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THE MURDER OF N.C.O. TOLAN
--------------------------------------
COMPENSATION CLAIM OF £5,000
Mr. Fitzgerald-Kenny, B.L. (instructed by Mr. Mulligan) for applicant.
After hearing the evidence of those who took part in the original inquest, (his mother, Mrs. Anne Quigley, who, when recalled, deposed that she was dependent on her late son, as was also the deceased man’s nephew, who lived with her; his sister, Mrs. Kelly; Mrs. Forbes, Miss Ida O’Hora, Margaret Sweeney, Michael Lynch, Dr. Staunton, Dr. Ferran, Mr. A. Calleary, and also a John Carney, Dr. Staunton’s driver, who said he saw the body of Michael Tolan, and added that the toes of the feet were turned in), judgement was deferred until Monday, and his Honour, delivering that judgement, said he was satisfied that the body found was the body of this poor man. There was no doubt that he met with a violent death, and he must attribute that to those people in whose custody he was at the time, or at least to some of them. He did not attribute it to all of them, because he would be very sorry to think that even among the auxiliaries there was not a large number who were averse to those deeds.
He had some difficulty in fixing the amount of compensation, but having regard to the applicant’s age, and to the fact that the man might marry, he thought £750 a fair award. He directed that it should be paid into that court--£650 of the amount to be allotted to the applicant herself and £100 to the credit of her grandchild.
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SUGGESTED MEMORIAL TO
REPUBLICAN DEAD AT LEIGUE
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(Western People," April 28, 1956)
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Mr. John Clarke said he would like to be associated with the resolution, and went on to say: "Speaking about the dead," he said, "there are some men in Leigue Cemetery who died for Ireland and to make a Twenty-Six County Republic possible and this Council should get in touch with the National Graves' Association and see that some suitable mo0nument is erected over the graves of men like Michael Tolan and Joe Healy."
Mr. Clarke went on to say that similar things were done all over the country and some recognition should be paid to those soldiers of Ireland who died in the past.
Mr. Vincent O'Hora said he agreed with Councillor Clarke about the graves in Leigue and there should be a memorial erected there.
Mr. Jack Duffy said he would like to be associated with the resolution of protest. He added: "Regarding the Leigue graves, some of those gentlemen who talked so much about monuments would do no better than to go down and clean the graves themselves, if they were so interested."
LOCAL INTERFERENCE
Mr. Clarke, replying, said he did not like to have any discussion over the dead, but this was a matter for the National Graves' Association. There were still people in the town who belonged to those patriots and local interference might result in them stepping on the wrong foot. Some years ago the men who were left were trying to put up a monument in Leigue and they met with some difficulties but if the National Graves' Association was contacted some recognition might be paid to those soldiers.
Mr. Duffy said those local gentlemen interested in the Republican grave in Leigue should form a committee themselves to clean the grave besides getting in touch with the National Graves' Association.
Mr. O'Hora said that if had not been for the local caretaker in Leigue the grave would be in an awful way.
Mr. J. Jackson said they were all in full agreement about the graves but a difficulty had arisen in the past. At one time a memorial Fund was set up and it would have applied to the graves, but there were two Republican parties at the time and they couldn't be got together. They all remembered Michael Tolan, God rest his soul, and he himself had the honour of standing guard when he was brought from the bog and left in the Cathedral, and also Tom Roache who fell by the gun too.
Mr. J. Mears--I did 24 hours at the Cathedral too.
Mr. Flynn said he would like if those remarks about the graves and about standing guard were kept separate from the resolution. He was too young to know much about the remarks made by Councillors.
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MICHAEL TOLAN, I.R.A.
("Ballina Herald, May 5, 1956)
(To the Editor, "Ballina Herald", May 5th, 1956)
-----------------------------------
Dear Sir--Having read in last week's "Ballina Herald" the remarks made by some of our Urban Councillors about the remarkable number of hours they spent doing guard over the body of the late Michael Tolan (R.I.P.) in the Cathedral, when his body was taken from the bog where he had been murdered by the Black and Tans some eight months previously, I would like to state some facts. When the body of Michael Tolan was found in a bog at Shraheen in the Spring of 1921 it was taken in a workhouse cart to Leigue Cemetery for burial. the only people attending the funeral were two inmates of Ballina Workhouse who dug and covered the grave; the driver of the cart, my mother, and myself. Everybody knew beyond doubt that the remains were those of Michael Tolan, a valuable member of the I.R.A., but at that time the Black and Tans were in occupation of Ballina and Ireland was still under British law. The Truce was signed in July, 1921, and some weeks later the body of Michael Tolan was exhumed and taken to the Ballina Cathedral and subsequent to Leigue Cemetery for re-interment. On each occasion at least ten thousand people were present. Everything was quite safe on those occasions and we were all proud to do honour to the member of one who had lost his life to save the lives of his comrades. May I ask where were all those gallant I.R.A. men who attended that never-to-be-forgotten Spring Day in 1921 when the body of a hero--Michael Tolan--was first taken to Leigue for burial?
Thanking you,
Signed: G. GINTY,
Leigue, Ballina, 30th April, 1956.
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MICHAEL TOLAN, I.R.A.
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CAPTAIN DONNELLY EXPLAINS
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(To the Editor, "Ballina Herald, May 12, 1956)
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A Chara--In last week's issue of the "Ballina Herald" you published a letter from Mr. G. Ginty, Leigue, re the late Michael Tolan, I.R.A., who was murdered by the Tans in Ballina in the Spring of 1921, and whose body they dumped in a boghole in Shraheen bog. For the information of Mr. Ginty, when the body was discovered and interred in Leigue cemetery by the workhouse authorities on the instructions of the R.I.C., we of the I.R.A. in Ballina had not the faintest suspicion that the remains were those of the late Michael Tolan, but thought it was some unfortunate vagrant hwo died by falling into a boghole. Shortly after Tolan's arrest his relatives were informed by the R.I.C. that he was interned in Galway jail. At that prisoners were not allowed to write home, and the first suspicion we had was when the Truce was declared and prisoners were allowed to write home.
NOT IN GALWAY JAIL
We then discovered that Tolan was not in Galway jail or any other internment camp or jail. We immediately got suspicious and took steps to have the body in Leigue cemetery exhumed. This was carried out under the supervision of the late Drs. Ferran, Crowley and Madden. It was only then that the suspicion became a reality. No doubt the friends of the Tans and the R.I.C. in Ballina knew all along that the body was Tolan's, but we of the I.R.A. and our supporters, including his mother, sisters and other relatives, had no suspicion that the body was that of the late Michael Tolan until after the Truce. Surely Mr. Ginty didn't expect that the members of the I.R.A. (some with a price on their heads) would attend the funeral of a man they thought to be an unfortunate vagrant. I would also like to inform Mr. Ginty that the ten thousand people who attended Michael Tolan's funeral from the Cathedral to Leigue Cemetery were not members of the I.R.A. but people of all walks of life who were anxious to pay their last respects to a crippled hero, who was so cruelly murdered and butchered by the Tans. As to who did guard duty in the Cathedral, well, after 35 years, it is very difficult to recall who they were--I had the honour to be in charge of the guard of honour and firing party at his funeral from the Cathedral to Leigue Cemetery, and to-day I cannot remember the names of six of that party. Trusting you give this letter the same publicity you gave Mr. Ginty's on his attack on the pre-truce I.R.A.
STEPHEN DONNELLY, (Capt.),
Ballina Coy., Pre-Truce I.R.A.
Bunree, Ballina.
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Re LATE MICHAEL TOLAN
----------------------------------------
(To the Editor "Ballina Herald", May 19, 1956)
Dear Sir--Having read in your issue of "Ballina Herald" of 12th May, 1956, under the heading "Captain Donnelly Explains", in my opinion his explanation falls very short of the real truth. During the time that I.R.A. prisoners were in internment camps or prisons they were allowed to receive gifts, and wrote acknowledgements on their friends, but then perhaps Mr. Donnelly's memory is not very good, as he stated in his letter that he cannot recall the name of six of the men who comprised the Guard of Honour and Firing Party which he was in charge of at the grave of Michael Tolan. Well every other person in town who had an interest at the time, can still recall very clearly. Mr. Donnelly also states that the I.R.A. thought the body found in the bog was that of some unfortunate vagrant. At that particular time there was no report of any such person missing, whereas there was a grave suspicion that Michael Tolan had been murdered, and Mr. Donnelly states that "no doubt friends of the Tans and the R.I.C. knew all along that the body found in the bog was that of Michael Tolan," Well, I knew, and I never had a friend or relative in either of those forces.
THEY WERE PRESENT
A few days after the burial several I.R.A. men, at present living in the town, came to me and asked me to show them the grave of the late Michael Tolan, and since I first wrote to your paper I have been told by a popular I.R.A. man that he and another member of the I.R.A. were present in Leigue Cemetery while the burial was going on and joined in the decade of the Rosary offered for the repose of the soul of Michael Tolan. He told me that they came across the fields as they were carrying arms, and had hoped that some other comrades might also have risked their lives as they knew very well who was being buried. Those two men had no friends in the British forces, but could Mr. Donnelly remember that there was an active I.R.A. Intelligence Force in Ballina in those days. I would also like to object to the term "Crippled Hero" being applied to Michael Tolan. He was a hero, and a very useful member of the pre-Truce I.R.A.,. and if he had turned informer he might be enjoying a comfortable pension to-day in Ballina. I can't remember in those days having heard that there was a price on the head of any member of the Ballina men, though during the Civil War some of the pre-Truce I.R.A. men were "wanted" men. In conclusion, may I state that I never intended my first letter as an attack on the pre-Truce I.R.A., but I merely stated some very well known facts which had troubled me for a long time. Thanking you, Mr. Editor, and hoping you will find space for this letter.
Signed: G. GINTY,
Leigue, Ballina. 17th May, 1956.
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Cumann na nUaigeann Náisiúnta
NATIONAL GRAVES ASSOCIATION
NORTH MAYO I.R.A. MEMORIAL
A CHARA,
It has been decided to erect a Memorial at the Republican Plot, Leigue Cemetery, Ballina, where Michael Tolan, I.R.A. Intelligence Officer, and Captain Joe Healy are buried, and a further Memorial in Ballina to the memory of the 13 soldiers of the North Mayo Brigade who were killed in action, 1918-1923. The story of these men is now in the course of preparation and will be published in the near future.
We confidently solicit the support of all Republicans and the Irish people at home and abroad. Your generous support is essential if these memorials are to be worthy of those men who gave their lives for the freedom of Ireland. We feel that we do not appeal in vain.
All subscriptions may be given to the authorised collectors or direct to the undersigned:--
James Rafter, Ferran Terrace, Ballina.
Pappy Coleman, Ferran Terrace, Ballina.
Stephen Donnelly, Bunree, Ballina.
Martin Rafter, Bohernasup.
Jack Clarke, O'Rahilly Street, Ballina.
Seamus Quinn, Pearse Street, Ballina.
Seamus Kilcullen, 174 Walkinstown Cross, Dublin,
or to the Treasurers--
Paddy Moclair, Tolan Street, Ballina,
Paddy Kilcullen, Bohernasup, Ballina.
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To the North Mayo I.R.A. Memorial:
I enclose herewith subscription £........... s............. d............. in aid of above Memorial.
Name: ........................................................................................................................................................
Address: ....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
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