The Late Nicholas Corcoran
Ballina, and Dunmore, Co. Galway
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YOUNG MAN SHOT DEAD BY FREE STATE SOLDIER
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(Western People,
24th March, 1923)
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T
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HOUGH the
majority may not have agreed with the late policy of the above deceased, yet he
was a young man whose many outstanding qualities made him worthy of
appreciation even by those who differed from him. His love of the Irish
language and determination to support Irish manufacture was a headline that
many of us might follow with advantage to ourselves and our country.
Unceasingly he stuck to the study of Gaelic until he had acquired a thorough
knowledge of it. Perpetually he supported Irish manufacture, and to the
smallest article would not accept a substitute. He came to Ballina from Dunmore,
Co. Galway, and was one of a family of five. His father held the position of
manager in the National Bank, Athenry, and since his death a few years ago
deceased was almost the sole support of his mother. He held a position as clerk
to in the National Bank, Ballina, and during the war with England gave a valuable
service as an I.R.A. man.
He was attached to the Signalling Department
here, and though he volunteered for active service he could not be dispensed
with. After the attack on the Four Courts he saw service in Roscommon, Galway,
Mayo and Sligo. He was a regular Mass goer and often walked long distances to
attend to his duties. The statement in the Dublin press that he served in the
British Army is untrue. At the time of the division in the army he fell in with
the Irregulars, and took to the hills with them, where up to time of his arrest
he remained. Deceased was only about 20th years of age, and in the
social side of life was as popular as in the political. Of a genial, honest and
charitable disposition, he won hosts of friends, and even those who differed
from him in politics were forced to admire him. May his soul rest in peace is
the prayer of all who knew him.
His remains were removed from the Cathedral,
Ballina, for interment in Dunmore, Co. Galway, on Saturday last, (17th
March), and were accompanied by his mother and a large crowd of sympathisers
followed the remains to the station.
Wreaths were placed on the coffin by the
officers and men of the 2nd Battn., 4th Western Division;
Stephenite Football Club, Hurling Club, Camogie Club and Cumann na mBan. R.I.P.
Nicholas
Corcoran was taken prisoner near Lahardane by a detachment of the Ballina
garrison of the Free State Army and incarcerated in Ballina. A few mornings
afterwards he was taken out with a number of other prisoners to remove a
barricade from the railway line at Ballinahaglish.
He refused to obey an order to help with the removal of the barricades and
while in a kneeling position was shot by Vol.
Daniel Boyle, who was later charged at Ballina District Court the following
week with the murder of Nicholas Corcoran.
ABORTIVE
INQUEST
A jury to attend an inquest to inquire into
the cause of death of Nicholas Corcoran who lost his life on Thursday (15th)
was called for the next day (Friday, 16th) and viewed the body and
the inquest was adjourned until the following Wednesday at 11 a.m. to enable
the other prisoners, who were present at the time of death, to be in attendance
for the purpose of giving evidence: Dr.
McGuinness (Coroner); J. Ahearn
(foreman); P. J. Sullivan, P. Melody, M. J. Cosgrave, M. McMonagle, J.
Heffernan, V.S.; M. Coppinger, J. Moylett, M. Corcoran, J. Garvey, M. Dempsey,
D. Hopkins, M. Davis, M. McFadden.
Messrs. McMonagle and Melody failed to put in an appearance
on Wednesday, and Mr. McFadden sent a doctor’s certificate excusing his
absence. The following 11 gentlemen duly attended: Messrs. J. Ahearn, M. Davis, J. Moylett, M. Dempsey, M. J. Cosgrave, J.
Clarke, P. J. Sullivan, J. Heffernan, D. Hopkins, J. Garvey and T. Tiernan represented Mr. Corcoran.
At the
outset, the Coroner, Dr. McGuinness said the inquiry collapsed owing to the
absence of some members of the jury.
Lieut.
J. Murphy represented the Military.
Mr. Kelly, State Solicitor, who
represented the civil authorities, said it would be difficult to summon another
jury.
The
Coroner said that could not be done as there was no body to view. The jury were
summoned and were not there.
Mr. Kelly said this was a very serious
matter. A case like the present one should be thoroughly investigated openly by
a Coroner’s jury.
Coroner—The inquiry collapses. The only thing
to do is to notify the absent jurors that they are fined £2 for non-attendance.
Mr. Kelly—It is curious that some men
attended here and the others did not.
Mr.
Tobin, Inspector Civic Guards, said Melody was also sick.
Coroner—As I have said, the inquiry
collapses. It is a lamentable thing that the inquest terminates is such a
fashion, not only in the interests of the State, but in the interest of the
poor boy who lost his life in this fashion.
Mr. Kelly said that the Military were anxious
that the matter should be investigated openly. He suggested that the inquiry be
further adjourned and have another jury summoned.
Coroner—We cannot summon another jury. The
military and civil authorities, he knew, and everybody else were anxious to
have the matter investigated. It was a case that would have to be adjourned
since die, as they did not know when these jurors would get well.
Mr. Kelly said they should have the matter
investigated, and he thought the only thing they could do was ot have the
inquiry further adjourned.
Coroner—To what day do you say it should be
adjourned?
Mr. Kelly—Any day you like.
Dr. Keane said Mr. McFadden would be well in
a week.
Coroner—I don’t think we should being the
jury here in a week on a fool’s errand perhaps. This is the second occasion we
have brought them here. They are anxious to do their duty to the public and the
State.
Mr.
Kelly said it was evident those men came there to do that. The circumstances
were so very extraordinary that they could not get another jury.
The Coroner said any day they would fix he
would be agreeable to accommodate them.
Mr. Garvey said they could not tell how many
would be sick on the next occasion.
Coroner—That is true.
Mr. Ahern (foreman) said that the feeling of
the jury was that they could not attend again.
The Coroner said he was absolutely powerless
in the matter, except to comply with the wishes of the State Solicitor, who was
there. The jury had done their duty, all of them that were there.
Mr. Kelly agreed and said it was very hard on them. If they could
summon another jury it would be all right.
Coroner—I cannot bring Mr. Corcoran’s body
back.
Mr. Kelly—Well, adjourn the inquiry until we
have a full jury here to examine the matter. All kinds of rumours have been in
circulation and it is only right that the matter should be fully investigated.
The Coroner said he would like them to fix
some day.
The Foreman of the jury said he had nothing
further to say on the matter.
Coroner—What day would suit you, or would the
jury attend?
Mr. Ahern—That is for the jury to say.
Mr. Kelly said it was the Inspector’s wish to
have the inquest held. He was responsible for the peace of the district. It was
a serious case, and it was only fair to all parties concerned that the matter
be investigated. Dr. Keane has said that his patient would be able to attend
within a week.
The Coroner said he would have to accede to
the request of Mr. Kelly, and asked the jury to fix a day to which they should
adjourn.
Mr. Ahern said the jury asked him to protest.
The feeling of many of them was that they fix no day at all.
Coroner—Do you mean to say that the jurors
will not attend?
Mr. Ahern—They might be sick!
Coroner—If I mention next Thursday week will
it suit? If we cannot get a jury the whole thing collapses. I will fix that
day, because it is a holiday.
The Foreman said he was directed to protest
against the adjournment.
Coroner—As Mr. McMonagle or Mr. Melody gave
no reason for their absence I will fine them £2 each.
Thursday week (29th inst.), at 3
o’clock, was then fixed for the resumed inquest.
THE
INQUEST—CORONER’S REMARKS
The adjourned inquest to investigate the
circumstances attending the tragic death of Mr. Nicholas Corcoran was held on
Thursday (29th) of last week at 3 o’clock at the Courthouse,
Ballina. Deceased died from the effects of a bullet wound received whilst a
prisoner in the hands of the National Army on the 15th March last.
The following gentlemen formed the jury: Messrs. J. Ahern (foreman); M. Davis, P. Melody, J. Moylett, J. Clarke,
J. Garvey, T. Tiernan, M. McFadden, M. Dempsey,
P. O’Sullivan, M. J. Cosgrave and J. McMonagle.
Mr. J. Kelly, State Solicitor, represented
the State, and Lieutenant Murphy represented the Military.
The first witness called was Dr. Keane, and
in reply to Mr. Kelly, State Solicitor, he said he was a medical doctor
practising at Ballina. He remembered the 15th of March. On that date
he was called to attend the deceased, Nicholas Corcoran, at Ballina District
Hospital. He found him suffering from shock and severe haemorrhage as a result
of a bullet wound which had its entrance about three inches below the nipple
and its exit in the back to the left of the spine. The bullet, in his opinion,
penetrated the lived and left lung. He died that evening from shock and
haemorrhage as a result of said bullet wound.
The next witness examined was Comdt. John Bannon, and in reply to the
solicitor he said he was a Commandant in the National Army. On the 15th
March he was in command of the garrison in Ballina. It was reported to him on
that morning that there was an obstruction on the railway line between Ballina
and Foxford. He did not know the name of the townland. He, with a party of men,
proceeded to where the obstruction was. When they got there they found the
railway track broken and a telegraph pole on each side—one at Foxford end and
one at Ballina end. He found two canisters mostly covered with sand. He ordered
the men he had brought out to surround the place. Coroner—To surround the
obstruction?—Yes.
Continuing, witness said he had four prisoners
and eighteen men with him. The four prisoners were in custody in Ballina. The
deceased (Corcoran) was one of the prisoners. Witness ordered the prisoners to
remove the telegraph pole at the Ballina end. Sergeant Boyle reported to him
that the prisoners refused to obey any order. Witness’s object in removing the
telegraph pole was that he might be able to explode any mine that might be
there. When he heard that the prisoners refused to obey orders he saw the
deceased, Nicholas Corcoran, on his knees about three yards away from the other
prisoners. He had no conversation with the deceased, only that his orders were
to be obeyed. Deceased refused to obey orders. Witness then fired over
deceased’s head to frighten him into removing the obstruction. About three
minutes after Sergt. Boyle fired another shot.
Mr. Kelly—Did you see him?—No.
Tell us what you saw?—I saw Sergt. Boyle
raise his rifle and present. He asked me would he “put the wind up” deceased,
and I said if he was going to fire he should fire over his head. I ten saw
Sergeant Boyle fire the shot and the deceased fell. Sergt. Boyle then dropped
his rifle and handed over his ammunition. He made some remarks about his rifle,
and added—I am a prisoner now.” Witness then placed him under arrest and he was
still under arrest. Afterwards he made an explanation that his own rifle was a
rifle with a “cut-off”; the one he fired had no cut-off. Witness examined the
rifle that the shot was fired from and it had no cut-off. Even if he had used a
rifle with a cut-off and the cut-off was in position, and even though he worked
the bolt the rifle could not be loaded from the magazine to the chamber.
To
Lieut. Murphy, for the Army, witness said he know Sergt. Boyle since September 15th last, and he
had a large control of prisoners since that time. He had been daily in control
of fifteen prisoners on an average. He had always conducted himself well. Each
soldier that morning had his magazine charged. Witness gave no orders to load.
That was done by the men themselves. He did not inspect the rifles before the
accident. He was not aware that Boyle always used a cut-off rifle.
The prisoners were here brought in, and on
being asked by the Coroner if they would give evidence, Mr. Kevaney, one of the
prisoners, said he refused to give evidence. He had made that resolve, and he
would stand by it.
Coroner—Have you any reasons or have the
other men refused to give evidence?
The other prisoners were then asked by the
Coroner if they would give evidence but they also refused.
The Coroner said he regretted that very much.
He was sorry they had taken up that attitude.
Mr. Ahern said he also regretted that the
prisoners had taken up that attitude, as there were some points that they
wanted to have cleared up.
Mr. Kevaney said he could only repeat what he
had already stated.
Captain
Thomas Murtagh said he was a captain in the National Army stationed at
Ballina. He heard the evidence of Commdt. Bannon and agreed with it. On the
morning of the 15th March he accompanied Comdt. Bannon to remove the
obstruction from the railway line between Ballina and Foxford. When they got to
where the obstruction was Sergt. Boyle was placed in charge of the prisoners.
After Comdt. Cannon had placed the men he heard Sergt. Boyle report to the
Commandant that the prisoner, Corcoran, had refused to removed the blockade.
After that the deceased went down on his knees and made the sign of the Cross.
Comdt. Bannon then discharged a shot over his head. About three minutes after
he heard Sergt. Boyle say: “I will put the wind up him”. He saw Sergt. Boyle pull
back the bolt of his rifle, then shove it forward, and point his rifle at the
deceased. After the lapse of a few seconds he heard a report of a rifle and saw
the deceased fall upon his face. Sergt. Boyle then threw his rifle on the
ground, remarking that that was not his rifle and handed his two bandoliers of
ammunition to Comdt. Bannon. The deceased was then taken to hospital as quickly
as possible. So far as he (witness) knew Dr.
Keane was the first doctor to see him. Sergt. Boyle was about 35 yards from
the deceased at the time.
By the Foreman—He heard Sergt. Boyle say that
was not his rifle, and he threw it on the ground after the shot was fired.
Mr. Martin Gannon,
station master at Ballina, examined by Mr. Kelly, said that on the morning of the
15th March he accompanied Captain Murtagh and Comdt. Bannon to
remove an obstruction on the railway line. When they got within about 200 yards
of where the obstruction was at Lisaniska village they got off the train. The
military and prisoners alighted from the train, and he left them and went along
the line in the Foxford direction. When he went some distance and saw the
extent of the damage he returned and passed the military and the prisoners
towards Ballina. He had got about 50 yards in the Ballina direction from the
prisoners when he heard a shot. He immediately turned round and saw the
deceased on his knees in the centre of the railway line facing Ballina. The
military were about 30 yards from the deceased in his direction, and facing
deceased. Immediately afterwards another shot rang out and he saw the deceased
fall forward on his face. Witness went to his assistance. He was bleeding from
the moth. Witness raised him from the ground. He was quite conscious and toold
witness he was wounded. The blood was on his jersey on the right breast. When
witness put his hand under deceased’s clothing he found a great flow of blood
from the shoulder blade, close to the spine, on the right side. He asked
deceased how it happened, and he replied that it was because he refused to
remove the obstruction. He was then taken to Ballina hospital as quickly as
possible. Deceased was attended by Dr.
Heffernan and Dr. Lena Walsh at
the railway station.
Cross-examined by Lieut. Murphy, witness said
he saw no shot fired; he heard them.
Sergt.
Boyle was put forward by Lieut. Murphy on behalf of the military. The
Coroner gave him the usual caution.
In examination by Lieut. Murphy he said
Sergt.-Major Ball called him at about half-past six o’clock and told him he was
wanted at once on parade. He rushed down on parade and met Comdt. Bannon. The
rifle he took was the first one that came to his hand. They proceeded to the
railway station. He got orders from Comdt. Bannon to get the prisoners. Then he
reported to Comdt. Bannon that he had the prisoners there, and Comdt. Bannon
gave him orders to go in one of the wagons with the prisoners. He did so, and
when he was in the carriage he left down his rifle. They proceeded on the train
to where to where they line was torn up, and when they arrive at the scene of
the obstruction he took out the prisoners. He got orders from the commandant to
place the men in case they would be attacked. He went forward with the four
prisoners and got orders that they were to remove the telegraph pole. On the
telegraph pole was a piece of paper on which were the words—“Beware of the
Kerry mines”. He told the prisoners to shift the telegraph pole. Corcoran
refused. He said he would not do it. Witness then went back to Comdt. Bannon
and reported the matter. When witness turned round he saw the deceased kneeling
on the track. Comdt. Bannon then told him to clear the poles away. Witness had
about 70 rounds of ammunition, but he did not load the rifle he had with him.
There was one shot fired over deceased’s head. Witness then turned round to
Comdt. Bannon and told him he would put the wind up them, meaning the
prisoners. He then pulled back the bolt, pushed it forward, put th rifle to his
shoulder, and pulled the trigger, and the rifle went off. He thought it was his
own rifle with the cut-off he had at the time. He did this to frighten the
prisoner.
Mr.
Moylett—Didn’t you know you were going to shoot the man?—No sir. If I had my own rifle I could have
pulled the
trigger with any harm.
Why had you not your own rifle?—Because I had
to rush that morning.
A juror asked if he happened to have his own
rifle and pulled the trigger what effect would it have on the prisoners, as it
would not go off?
Witness—The mere action of pulling the
trigger of the rifle would have the effect of frightening the prisoner.
To Lieut. Murphy, he said he was prepared to
swear positively that he thought he had his own rifle. He had no intention of
shooting the prisoner. He never met the prisoner before. He was sorry that the
accident happened.
To Mr. Kelly he said that when he turned back
he saw the prisoner kneeling down. The prisoner was not ordered to do so.
Major
John Padden gave evidence that it was his rifle Sergt. Boyle
used that morning. His rifle was loaded.
To Mr. Kelly, he said his rifle was on with
no cut-off.
This closed the evidence and Lieut. Murphy
thanked the jury for coming there on three occasions to hear the evidence. He
wished to express sympathy with the deceased’s relatives.
Mr. Kelly said he appeared for the State, and
he put all the evidence he could obtain before the jury. He had done all he
could to obtain all the evidence possible in the case. He thought the prisoners
should have come forward to give any evidence they had, and it was a great pity
they took up the attitude they did. It was natural that if the prisoners had
any evidence against the military they would give it up. The matter was
according to the evidence an accident. They would have to disregard the
evidence if they came to any other verdict.
The Coroner, addressing the jury, said the
circumstances were sad. The inquest was adjourned in the first instance for the
evidence of the prisoners, and they had heard the prisoners refuse to give any
evidence. Of course Mr. Kevaney had his own opinion and his own notions. There
was a game of bluff and intimidation on the part of the military, and it ended
tragically in the death of this boy.
The
jury then retired, and returned with the following verdict:--
“That deceased came to his death by shock and
haemorrhage caused by a bullet wound fired by Sergeant Boyle, of the National
Army, but we cannot say was it deliberate or accidental. We regret that the
prisoners who were with the deceased on the occasion refuse to give evidence.”
The jury added a rider expressing sympathy with the relatives of deceased.
The Coroner said he was in thorough agreement
with the verdict brought in. It would be very hard for the jury to make up
their minds otherwise. The affair had been started by trying to intimidate the
deceased into doing a thing he was unwilling to do, and had ended tragically.
At all events, the word accident had been thrown overboard. This was the third
occasion on which a jury in Ballina was summoned to investigate the death of a
man under similar circumstances, and in each case they had been told the
tragedy occurred through an accident. He hoped in future the military would
exercise more supervision over the men, for the reason that Ballina was getting
a bad name in this regard. The Ballina garrison, he must say, had got to regard
that they had got the name of having a lack of supervision, and it had a bad
effect on the public mind, and would not go to the credit of the army. He had
the pleasure of knowing the deceased boy, and he had heard from people who were
totally opposed to him, and he heard from his pastor, that he was a most
fervent and devout Catholic, and he was assured by his fellow employees in the
Bank that his end was most edifying.
Mr. Kelly, State solicitor, associated
himself with the vote of sympathy offered by the jury to the mother and
relatives of the deceased, as did Lieut. Murphy on behalf of the military.
Captain Murtagh also associated himself with
the vote of sympathy, but he took exception to the remarks of the Coroner in
reference to the garrison in Ballina. The Coroner asserted that the garrison
was not under proper supervision. He denied that, and held that the Ballina
garrison was under proper supervision and discipline. The military, he
continued, was aware that the shooting was pure accidental, and they regretted
to say, after all the intimidation that was used towards them, the jury had not
the courage to say that it was an accident. The military failed to see how any
other verdict could be returned.
Speaking warmly, the Coroner denied that he
accused the garrison of want of supervision, and he had not tried to influence
the jury in any respect. As a Coroner, that was not his business. He maintained
that the simply gave a resume of the evidence as put before the jury, and in
doing so called attention to the simple fact that there had been three cases in
Ballina of a similar nature. In each case in which they had been called there
they had been confronted with the same story—an arrest and then a story of an
accident and everybody must escape scot free except the unfortunate prisoner.
In each case a life had been lost. “Whether the shooting in this case was an
accident or not,” said the coroner, “is a matter for the jury.” “My duty”, he
continued, “is to give a resume of the evidence and record the verdict. I have
done that”, he said with much warmth, “and I do not care for anyone. It was
unfair to attribute to him remarks that he had not made. He read the papers,
and he regretted to say that, in respect of occurrences of the kind they were
now investigating, Ballina had earned a reputation that was enjoyed by no other
town in the country. They had other towns in the county with fairly large
garrisons, such as Swinford and Crossmolina, but those sort of accidents had
not occurred in them. He had not seen in the daily press such a series of
accidents recorded in any other town. I have simply called the attention of the
military authorities to this fact for their own sake,” he concluded.
Captain Murtagh said the garrison in other
places had not the same things or the same adverse circumstances to contend
with as the garrison in Ballina. “While we associate ourselves with the vote of
sympathy, we cannot allow it to be said that it was the fault of the military,”
he added.
Coroner—There is no other way to preventing a
repetition of such mistakes than by called attention to these things. We all
know we are living in abnormal times. People are getting inured now to
bloodshed, and the life of a man does not appear to count for anything.
The
proceeding then concluded.
Ø Cut-off Rifle: The magazine was a
reserve for cartridges. The soldier needed to load ammunition one round at a
time and only use the magazine when needed or ordered by an officer. The
magazine cut-off switch was located on the left of the receiver turns the
magazine on or off. The magazine switch when placed in the middle position
allows the bolt to be removed from the rifle. With the magazine cut-off switch
in the on position, the bolt pulls back far enough to clear the magazine
follower and will engage and load a cartridge from the magazine. With the
magazine cut-off switch in the off position, the bolt when pulled back no
longer clears the magazine follower and thus will not load a cartridge from the
magazine. This allows the shooter to drop cartridges into the path of the bolt,
one at a time.
CHARGED WITH MURDER—GET DATE
Ballina Herald, Get Dateline for This: Vol.
Daniel Boyle will, on Tuesday next at Ballina District Court, be charged with
the murder of Nicholas Corcoran, leader of the anti-Treaty forces. Our readers
will remember the circumstances under which Mr. Corcoran was killed. He was
taken prisoner near Lahardane by a detachment of Free State soldiers of the
Ballina garrison, and a few mornings later was taken out with a number of other
prisoners to remove a barricade from the railway line at Ballinahaglish. When
directed to remove the obstruction Corcoran refused to obey the order, and
while in a kneeling position was shot by Vol. Boyle.
------------------------------------------------------
MAYO MURDER CHARGE
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MILITARY SERGEANT ON TRIAL
======
(Ballina Herald, 15thNovember, 1923)
At the Dublin Commission on
Friday, before the Lord Chief Justice, Daniel Boyle was indicted for the wilful
murder of Nicholas Corcoran, at Ballina, Co. Mayo, on 15th March
last. At that time the prisoner was a sergeant in the National Army.
Messrs. M. Carrigan, K.C., and Dudley White, K.C. (instructed by the
Chief Crown Solicitor) prosecuted.
Mr. W.
J. Gleeson (instructed by Messrs.
Gerald Byrne and Co., defended).
For the first time during the Commission
women sat as jurors in a murder trial. There were no challenges, and one man
was excused, as he was one of the jury in a murder trial last week.
Mr. Carrigan said that on 15th
March last there was a force of military employed in trying to quell disorder
in the County of Mayo, as in other parts of the country—disorder of such
magnitude that some people described it incorrectly as a condition of civil
war. People were destroying railways, mansions and public buildings. A report
was received by the military at Ballina that the railway line, about six miles
distant, had been torn up. A force of military under Captain Bannon went there, and they took four prisoners, whom they
had in the barracks, with them. The military adopted the practice of employing
prisoners to remove obstructions or mines that were placed upon the railways.
Captain Bannon asked Nicholas Corcoran and the other prisoners to remove the
telegraph poles which had been cut across the railway, but they refused.
Captain Bannon then fired over their heads. Sergeant Boyle said he “would put
the wind up” them, and he fired, the shot striking Corcoran, who died that
night.
If the Sergeant fired at the man intending to
kill him, it was murder. If he did not, the jury would have to consider
whether, in carrying out what was in the circumstances a reasonable and proper
method of enforcing the order to remove the obstruction, the prisoner aimed so
carelessly as to hit the man instead of firing over his head. It was for the
jury to determine whether the conduct of the military on this occasion was
justified in using firearms at all. The prisoner showed his sense of horror
when he shot Corcoran that he threw away his rifle and asked to be arrested.
The prisoner also said that he took the wrong rifle when leaving the barrack on
that morning, and that he thought the one he was using was his own rifle and
had a safety catch on it.
The rifles were then produced in court, and
it was seen that one of them had a safety catch. That was stated to be the
rifle generally carried by the prisoner, but not the one that he had on March 15th.
CAPTAIN’S
EVIDENCE
Captain
John Bannon stated that he was stationed at Ballina. On March 15th
he proceeded to where the railway line had been broken up near Ballina. He had
fifteen men with him, including the prisoner. They took with them four
political prisoners, who were in military custody, named Corcoran, Kevaney,
Gill and Caulfield. When they got to where the line was torn up a written
notice was handed to him by a milesman. On the notice was written, “Beware of
Kerry mines.” There were two telegraph poles stretched across the line. Witness
gave an order to Sergeant Boyle to have the first pole removed.
Lord Chief Justice—Did you say who was to do
it?—Yes, one of the prisoners who had been brought with us.
Continuing, witness said that he was about
fifteen or twenty minutes absent, and when he came back he saw Nicholas
Corcoran kneeling. Sergeant Boyle said that the prisoners had refused to obey
the order. The witness fired over the prisoners’ heads to frighten them, and
Sergeant Boyle said, “I will put the wind up him” (Corcoran). Boyle then raised
his rifle, and before it brought to the “ready” the witness said: “Fire over
his head.” Sergeant Boyle said: “It will be all right.” The shot then rang out,
and Corcoran fell. Boyle threw away his rifle and said: “Make me a prisoner.”
Corcoran was removed to hospital.
Cross-examined by Mr. Gleeson, the witness
said that Boyle was one of the best soldiers that he had ever met. Before the
shot was fired the witness heard the noise of the bolt, and immediately that
the man was shot Boyle said: “That’s not my rifle”, and he said “that he was
sincerely sorry for Corcoran’s death.”
Martin Gannon, stationmaster,
Ballina, gave evidence of the line having been torn up and telegraph poles
stretched across it. He then described the shooting incident, and said that
Corcoran was wounded in the right breast.
Capt.
Thomas Murtagh said that Sergeant Boyle directed the prisoners to remove
the obstruction. Corcoran said he would rather be shot than obey the order.
Corcoran then got on his knees, and Captain Bannon fired over the heads of the
prisoners. Sergeant Boyle said, “I’ll put the wind up him.” Captain Bannon
said: “If you are going to fire, fire over his head.” Boyle said: “Oh, don’t be
afraid, it is all right,” and pressed the trigger, the shot going off and
striking Corcoran, who fell forward. Boyle then threw down his rifle, handed
witness his ammunition, and said: “It’s the wrong rifle; that’s not my rifle.
Make me a prisoner.” He also said: “I took the wrong rifle out of my room. My
own rifle has a ‘cut-off.’ “
Dr.
Keane, Ballina, said that he examined Nicholas Corcoran. The bullet entered
three inches below the right nipple, and went through the spine. He died at 5
o’clock the same evening.
This closed the case for the prosecution.
Company
Sergeant-Major Padden stated that on 15th March he was on duty
until 4 a.m. He left his rifle, fully loaded, by his bedside. Sergeant Boyle,
whose bed was next to his, was called to go on a “stunt” and in his hurry took
witness’s rifle by mistake. He found Boyle’s rifle in the room; it was unloaded
and “cut-off.”
Sergeant
Major Ball was also examined.
The Lord Chief Justice said it might be
assumed in favour of the prisoner that he did not aim and fire at the deceased
with the intention of killing or even wounding him. But it was for them to say
whether it was not incumbent on him to have seen and made certain that his
weapon was unloaded before he pulled the trigger. If the jury held that it was
a case of pure misadventure they should acquit the prisoner. It certainly was
not a case of murder, and at most could be regarded as one of carelessness, and
they should give the deceased the benefit of any reasonable doubt.
After an absence of twenty minutes the jury
returned with a verdict of “Not Guilty,” and he was discharged. Before leaving the dock the prisoner said he
wished to thank his counsel and the jury.
© P. J. Clarke, Ballina
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