THE BALLINA
HERALD SATURDAY, JULY 14, 1934
The Troubled Times in Mayo
RECALLED AT BALLINA CIRCUIT COURT
MANY AWARDS
MADE
An
echo of the struggle in North Mayo during the years 1920-’21 and ’22 was
recalled at a further special sitting of the Ballina Circuit Court on Tuesday,
when many claims were dealt with under the Malicious Injury (Damage to
Property) Act, 1933, were heard.
(At the outset of this article it was decided
to only include claims from the town and hinterland of Ballina, but some of the
actions taken from outside these parameters had interesting information within
them and it was decided to include these here---PJM.).
This is a list of claims from the Ballina
Quarter Sessions on the 9th day of October, 1923.
Name
and Address of Applicant; Nature of Injury; Amount Claimed:
James Ahearn, Ballina—Shop Goods
commandeered—£156 18s 11d;
Thomas Archer, Ballina (two
claims)—Shop Goods commandeered—£112 6s 5d (total);
Thomas Barber, Bonniconlon—One Heifer
and eight Sheep commandeered—£30;
Richard
Barrett,
Crossmolina—Motor Car and Accessories commandeered—£13 18s 2d;
Isaac
Beckett,
Ballina (two claims)—Motor Car and Motor Lorry commandeered—£859 5s 8d (total);
William Boland, King Street,
Ballina (two claims)—Dwelling House, Offices and Household Furniture
destroyed; Offices and Premises damaged by
rifle fire—£354 16s;
Mary Bourke, King Street,
Ballina—Shop Window and Goods damaged by rifle fire—£12;
James Boland, King Street, Ballina—Shop
Windows damaged—£6 10s;
Michael Browne, Hill Street,
Ballina—Horse damaged by rifle fire—£30;
Maurice Browne,
Ballycastle—Shop Goods commandeered—£119 6s 7d;
Rosalie Cafferty, Bridge Street,
Ballina (two claims)—Stock commandeered; Plate Glass Window
destroyed by rifle fire—£105 17s 5d;
Jeremiah Cowley, Arran Street,
Ballina—Motor Accessories Commandeered—£91 0s 9d;
Captain
M. Clive, Ballina (two claims)—Household Goods, Farming Implements and
other articles
damaged; Land, Walls, Fences and Cattle at
Clagan damaged and destroyed—£978 2s 6d (total);
Michael
Clarke, Carnamore, Kilbride—Horse Cart damaged—£25;
Patrick
Clarke, Arran Place, Ballina (three claims)—A Motor Car seized and damaged;
Motor Car
damaged; Motor Car and Petrol
commandeered—£152 13s 6d(total);
John W. Corcoran,
Ballycastle—Shops Goods Commandeered—£89 6s 8d;
Bridget
Coolican, Ballina—Stock-in-Trade destroyed—£173 13s 6d;
Bridget
Corcoran (widow), Ballina—Window and Whiskey and Brandy damaged as the
result of the
explosion of a land mine—£500;
James Corley, John Street,
Ballina—Windows and Door damaged (land mine)—£15
Margaret
Cosgrove, John Street, Ballina—Premises destroyed (land mine)—£31 9s;
Ballina
Coursing Club—Timber Posts damaged and destroyed and 84 live Hares
liberated—£338 13s 7d;
County
Council of Mayo—Furniture of Ballycastle Courthouse commandeered—£$ 10s;
Messrs.
Davis Brothers, Crossmolina—Goods commandeered—£336 18s 10d;
Frances
Devaney, Ballina—80 perches of a Stone Wall injured and destroyed—£101 7s
6d;
Capt.
G. Downing, Bonniconloon West—13 perches of a stone and mortar wall knocked
down—£10;
Thomas Foy, King Street,
Ballina—Goods commandeered—£3,471 8s 3d;
Michael Flannelly, Attymass,
Ballina—Goods commandeered—£20 0s 3d;
Bernard Fraine, King Street,
Ballina—Damage to his Premises—£72 £s 6d;
Michael Finnerty, Moygownagh,
Ballina—Bicycle commandeered—£10;
Andrew Faughnan, Knockmore,
Ballina—Goods commandeered—£55 10s;
FURTHER
CLAIMS
In July, 1934, further claims taken up were
those lodged by Messrs. Bourke, Carrigg
and Loftus, Solicitors, Bury Street,
Ballina, and the first applicant at this sitting was Thomas J. Barrett, tailor, Belmullet, for whom a Mr. Connolly, B.L., appeared.
(You will see from the next set of claims
that a different set of reporting took place—PJC ):
MAKING
OFFICERS’ UNIFORMS
The applicant said he was a tailor in
Belmullet between March and April, 1922, he supplied uniforms to the I.R.A. He
made up some and supplied the makings of others. He also supplied riding
breeches as well as haversacks. He had a claim for a bicycle he gave to the
I.R.A.
Mr.
Thornton
said in his opinion the claim should be reduced to £15, which excluded labour.
The Judge said
there was a difference if the stuff was taken from the shop. The applicant made
the clothes himself.
The Judge said
he would report for £30.
A
BICYCLE
John
Breslin, Cloghans, claimed that on the 26th October, 1922, a
bicycle was taken by the I.R.A. It cost £7 when new.
The Judge reported for £5.
LEGAL
POINT RAISED
Mrs.
Dodd, Bridge Street, Ballina, widow of the late Mr. Luke Dodd, had a claim
for meat supplied to the I.R.A. It amounted to £182 2s 6d.
By Mr. Thornton
– She thought 20 per cent should come off to arrive at the cost price.
The Judge
reported to £140.
Mr. Thornton
raised the point that the applicant, being the personal representative, could
not claim, as she did not sustain the loss. The deceased had no such rights on
the date of his deaqth, in 1927, because this Act was not in force. The Act was
silent as regards the claims of personal representatives, and it was an
oversight on the part of the State draughtsman.
Mr.
Connolly replied
at length and quoted a decision in his favour dealing with the rights of
personal representatives.
The Judge said he would reserve his decision
on the point of the right of personal representative to claim.
ANOTHER
BICYCLE
Michael
Doherty, Corroy, in reply to Mr. Byrne, said in 1922 the I.R.A. took his
bicycle. It cost three guineas (£8 and 8 shillings—PJM).
The Judge reported for £6 6s.
YET
ANOTHER
Michael
Lavelle, Castlehill, Crossmolina, in reply to Mr. Keeley, said that a
bicycle was taken from him by the I.R.A. His brother bought the bicycle. It was
worth about £3.
The Judge reported for £3.
TREACLE
AND RIFLES
George
Massey, Carne, in reply to Mr. Wilson, said in 1922 treacle and rifles were
taken by armed men. They came in about 3.30 in the morning. The said that they
came to confiscate the treacle and the rifles. The Winchester rifle was valued
for £4 10s; tyhe Sneider rifle was valued for £3 10s. and the treacle was
called for £9.
Thomas
Newcombe said in 1922 he was a member of the I.R.A. who raided the applicant’s premises. They only
took one rifle. The act was an official one.
The Judge reported for £10.
“A
BRITISH ACT”
Mrs.
Maria Collins, Geesala, said that a bicycle was taken in 1921, by the
R.I.C. It was a gent’s bicycle.
Mr. Thornton said the Act made no provision
for articles taken by the British forces.
Mr.
Connolly said there was a claim for car hire amounting to £43 10s.
The Judge reported for £15.
SHEEP
AND LAMBS
James
Beckett, Carra, Bonniconlon, in reply to Mr. Keeley (Mr. Huggard) said in
July, 1922, a sheep was taken by the I.R.A. It was valued at £4. In August a
hogget was taken which had a value of £3, and a lamb valued at £2. The I.R.A.
admitted taking the sheep.
Patrick
Rochford, a member of the I.R.A> in July, 1922, said they took a sheep.
The Judge reported for £6.
TYPEWRITER
AND MAPS
William M. Boland, Auctioneer, Ballina,
replying to Mr. Keeley, said in 1922 maps were taken from him by the I.R.A.
which he had bought from Mrs. Walsh, Knox Street, Ballina. An Oliver
typewriter, valued at £23 was also taken. He had bought the typewriter from Mr.
George O’Malley Ormsby.
The Judge reported for £15.
ROSSPORT
CLAIM DISMISSED
John
Monaghan, Rossport, said that he supplied goods to members of the I.R.A.
and was paid nothing. He also supplied meals at 1/6d each; a bicycle was given
back damaged. A boat was taken in 1922.
By Mr. Thornton—He made a claim in 1922 and
was paid that claim. He made a claim on the 7th April, 1923, and did
not include the present claims. Witness said the men who raided the post office
came with blackened faces.
Mr.
Thornton--You were not in favour of the I.R.A.?
Witness—I never
took sides.
Judge--What did you claim in 1923?
Witness—I got careless as I did not think I
would get paid for those things at all.
The Judge said the applicant made a similar
claim in 1923 and the present action would be dismissed with costs.
HARDWARE
Michael
Sweeney, manager for Mrs. E. Murphy (Malones, Bridge Street, Ballina), gave
evidence of goods amounting to £7 11/4d delivered to the I.R.A.
The Judge reported for £5.
BOOTS
SUPPLIED
James
J. McAndrew, bootmaker, Belmullet, gave evidence of boots made for the
I.R.A. His claim was for £38. He never got a payment from a Mr. Feehan.
The Judge reported for £25.
Another claim from that area was from Mrs. Kate O’Boyle, Barrack Street,
Belmullet, who said she supplied goods to the I.R.A. amounting to £104. She
claimed at cost price.
The Judge reported for £70.
A
ROSSERK GUN
Norman
Petrie, Rosserk, claimed for a gun
taken in April, 1922, by masked and armed men. They said they belonged to the
I.R.A. He knew nothing about the 1923 Act and did not read the papers at the
time.
Judge—Do you want me to believe that?
Witness—No.
Judge—I find it very hard to believe that!
Further, the witness said his father was alive
at the time and he did not read local papers.
The Judge said he would report for £5.
BURNING
OF BARRACKS
Mrs.
Alice Conway, Bangor, had a claim for £87 5s.
Mr. Keeley said
there were some items he was withdrawing.
The applicant said her husband supplied the
good. She took out Probate to her husband.
The Judge reported for £15.
A claim in respect of the burning of Geesala
Barracks was withdrawn.
BALLINA
CLAIM
James
Calleary, Hill Street, Ballina, replying to Mr. Micks (Mr. Mulligan) said
he supplied goods to the I.R.A. in 1922. The I.R.A. were stationed in the
Barracks at the time. He now produced the pass book kept by the I.R.A. His
claim amounted to £68 15s 2d.
By Mr. Thornton—He knew a big list of payments
made by the I.R.A. was published in the “Ballina Herald” but he got no money at
the time.
The Judge said he would report for £55.
“A
LAWFUL ACT”
The next claim was for the taking of a motor
car, the applicant being Mrs. Ellen
Calleary, Hill Street, Ballina.
Mr. Thornton—I am authorised to state that the
taking of this car was a “lawful taking.”
Mr. Micks—The car was taken by a Captain Casey of the Free State troops.
We put in a claim before, and the State put in a defence and claimed that the
act was done by the Minister for Defence in the public interest. They also
claimed that we were barred by the Indemnity Act of 1923. I want to know how
now if the State will accept liability and pay for the car.
Mr. Thornton said that was not a matter for
him. It was for the solicitor to pursue the action elsewhere, and if not
successful he to come back to his lordship.
Mr.
Micks—I want to state in open court that it is the duty of a State
department to give some assistance to the taxpayer.
Judge—Mr. Thornton is doing his duty to the
State.
Mr. Micks—My quarrel is not with Mr. Thornton,
but with a Department of State. I owe that duty to my client.
Judge—I will adjourn the case to the November
sitting.
MEDICINE
SUPPLIED
George C. Hewson, Arran Street,
Ballina, chemist, said that he supplied goods to the I.R.A. amounting to £24 2s
4d.
The Judge reported for £18.
NATIONAL
ARMY DEFAULT
Mrs. Teresa Mitchell, King
Street, Ballina, replying to Mr. Connolly, said her late husband supplied goods
to the I.R.A. for £21 16s. The cost price was £18 13s 8d.
By Mr. Thornton—There was a claim in 1923 but
that was for damage to house property. Her husband ran the business in 1923 and
looked after the clerical end of the business. Her husband was paid for other
goods by the National Army and they had a balance for £2 odd. She was now
claiming that balance.
The Judge reported for £16.
BREAD
SUPPLIED
Joseph
Beirne, Bridge Street, Ballina, had a claim for £130 for goods supplied to
the I.R.A.
Mr. Byrne, B.L. (Mr. John MacHale) appeared for the
applicant, who submitted warrants for the applicant, who submitted warrants
from the I.R.A. His net claim after returns and other things was £73 which
represented the cost prices.
The Judge allowed £60.
The Judge allowed £60.
LAHARDANE
CASES
There were a number of cases taken by
Lahardane residents including Peter
Corrigan (bicycle taken by the I.R.A.); William Doyle, claimed £38 9s for goods supplied to the I.R.A. but
he kept no books.
Judge—Do you mean to say you supplied goods
but kept no books?
Mr. Byrne—You did not supply them in the
ordinary way. You were raided five times.
Witness—Yes. I protested every time. They took
tobacco and cigarettes every time. I also have a claim for care hire at 1s a
mile.
By Mr. Thornton—He did not know anything about
them, but they told him they were belonging to the I.R.A.
The Judge allowed £7.
TAKEN
BY THE R.I.C.
John
Deane, Ballycastle, claimed £40 for a Douglas motor bicycle which taken by
the R.I.C.
Judge—This British taken, and I must refuse
it.
The applicant claimed £1 14s for a speedometer
taken by the Free State troops.
The Judge said the difficulty was: could he
grant compensation for articles taken by the troops of the State?
The claim was refused.
MORE
BICYCLES TAKEN
Michael
Gaughan, Coolnabina Crossmolina; Patrick
Greneghan, Letterbrick, and John
O’Hara, Letterbrick, had their bicycles taken by the I.R.A. in 1922, and
were awarded compensation for same.
THE
BLACK AND TANS
Patrick
McHugh, Rathgelly, Lahardane, said his house was raided by the British and
the I.R.A. The British forces did not do any damage but took him prisoner. The
I.R.A. destroyed his wheat, hay and other things. They broke down an iron gate
and fences. There was a rifle and ammunition taken.
By Mr. Thornton—He made a claim in 1922 but it
was dismissed. He was a great friend of the I.R.A. and was still. They took the
rifle to fight the enemy, the Black and Tans.
Martin
Flanagan, Q.M. of the 4th Battalion, North Mayo Brigade I.R.A.,
was examined and gave evidence of the damage done. It was one of the first
places taken over in that district and they weekend camps there in September,
1921.
The Judge granted a decree for £6.
BALLINA
DECREE
Eugene
McCaffrey gave evidence on behalf of Mrs.
McKane, King Street, Ballina, who claimed for goods supplied to the I.R.A.
The witness produced the accounts, of which
the cost price was about £18.
The Judge allowed £16.
A
BALLYCASTLE CLAIM
In Ballina Circuit Court before Judge O’Donnell, Anthony Quinn of Ballycastle, applied for compensation in respect
of the taking of a bicycle and other things, and for meat supplied to the
I.R.A.
Lord
Hemphill (Messrs. Ruttledge and Corr) for the applicant; Mr. Thornton
for the State.
Applicant gave evidence that his premises were
raided in 1922 and a bicycle, which cost £13, was taken. There was also a knife
and steel taken. There was also sheep meat destroyed and a door broken which
cost 10s to repair.
Cross-examined—He bought the bicycle from Mr. Cowley, Ballina, in 1919, but there
was no record of the transaction. (This Mr. Cowley had a bicycle shop in Arran
Street, Ballina, and was father of ex-T.D. Dr. Jerry Cowley, Mulranny—PJM).
Mr. Thornton said that as the necessary
particulars had not been furnished by the defendant he was not in a position to
deal with it.
The Judge adjourned that portion of the claim.
Applicant then gave evidence in respect of his
claim for £28 16s for mutton and beef supplied in 1922 to the I.R.A. The cost
price charged is 1/4d per lb.
Cross-examined—The I.R.A. were stationed at
Heathfield and Glen Villa. There were various parties stationed there, numbering
from about ten upwards. The applicant had the items entered in his books.
Thomas
Newcombe, Ballina, said he was in charge of the I.R.A. in Heathfield in
1922. There was beef and mutton supplied as stated by the applicant. Witness
gave orders for the meat to be supplied. Applicant was the adjutant.
Cross-examined—There was no requisitions
issued, but the meat was checked when delivered. All the records kept were subsequently
destroyed when witness’s house was raided by the Free State troops in August,
1922. There were no payments made for these goods, but prior to that payments
had been made to people for goods supplied in the Anglo-Irish war.
The Judge made a report for £20.
CLAIM
BY TAILOR
John Cawley, tailor,
Bonniconlon, applied for £35 6s 8d for goods supplied to the I.R.A.
In reply to Mr. Wilson the applicant said he
made bandoliers, haversacks and flags; he supplied the materials.
Cross-examined—He entered the work in a book
at the time. He does not keep regular books.
John
Ruane gave evidence in support. He requisitioned the goods under his
Captain’s orders and took them to Rathumisk camp. There would be over eighty
men there at the time.
Cross-examined—They did not go to any other
tailor.
The Judge reported for £20.
BOAT
TAKEN
Patrick Coleman, Terry,
Bofeenaun, applied for £17 for damage to a boat.
In reply to Mr. Keeley, applicant said the
military raided his place in February, 1923, and next day the applicant found
the boat broken. He had it for 4 years. It was put beyond repair.
Cross-examined—He did not see the military
damage the boat; they did nothing else.
James
Browne said that Michael Kilroy
(now T.D.) had been using the boat previous to the taking of Ballina (12th September,
1922). The boat was broken in matchwood.
Cross-examined—He could not swear the Free
State military destroyed the boat.
To the Judge, the witness said that the boat
cost £4.
Having heard Mr. Thornton on the legal aspect
and Mr. Keeley in reply, the Judge said the claim came within the terms of the
Act.
On the question of value, Mr. Thornton said
the value was almost negligible; it would be covered by a sum of 50s.
The Judge reported for £4.
BALLINA
DRAPERY
Martin Corcoran, Bridge Street,
Ballina, applied for £3 17s. 6d compensation for goods supplied to the I.R.A.
In reply to Mr. Keeley, the applicant said
that Mr. Vincent Calleary, an I.R.A.
officer, sent an order and witness supplied an overcoat, pants and pair of
breeches. (Vincent Calleary was a grand-uncle of Mr. Darragh Calleary,
T.D.—PJC).
Cross-examined—The purchase price would be 25
per cent less than the amount of the claim. Witness got a claim under the 1923
Act, but the goods now claimed for were not included.
To the Judge, witness said that the Free State
troops were in occupation at the time the present goods were supplied; as
regards the goods already paid for, the Volunteers, who were in control at the
time, had commandeered same.
Vincent Calleary said he was in the I.R.A. and
the goods claimed for, were supplied by applicant on an order from witness.
The Judge reported for £2 17s 6d.
A
SLIGHT MISTAKE
Patrick Fahey, Derryfadda, Bofeenaun,claimed
for goods supplied to the amount of £19 4s 6d.
In reply to Mr. Connolly, the applicant gave
evidence of the goods supplied, details
of which he entered in his books. The goods were supplied from August, 1922, to
August, 1923.
Cross-examined—The book produced only dealt
with the present claims. He never made a claim before now, but he wrote to the
Ministry for Finance about it. There was a slight mistake in the tot
originally. At times the I.R.A. column billeted in the village. He got some
requisitions for the goods, but his wife burned them as his home was raided on
a few occasions.
Martin
Harte said he was in charge of dispatches between North and West Mayo and
knew the I.R.A. got goods from the applicant.
Cross-examined—He could not say what the value
of the goods were.
The Judge reported for £15.
MOTOR
HIRE
Michael
Gilvarry, Killala,
applied for £44 for car hire, supplied to the I.R.A.
In reply to Mr. Byrne the applicant said he
supplied motor hire to the I.R.A. during the dates given. He charged 1s per
mile. He also paid the car driver.
Mr. Thornton questioned the witness at length
as to the mileage, and he explained how it was arrived at.
The Judge awarded £15.
GUNS
TAKEN
Patrick Connor, Ballyknock,
Ballycastle, applied for compensation for various articles and goods taken by
the I.R.A.
In reply to Mr. Byrne, the applicant said a
double barrelled shotgun was taken by the I.R.A. in ~September, 1922. It cost
£3 10s. Applicant had it for three years. About the same time a bicycle which
cost £7 10s. was also taken. There were also taken—hens and fowl, and various
articles of clothing.
Mr. Thornton
questioned the witness as to the cost of the gun, and the dates on which the
goods were taken away. He denied falling asleep on the road and losing the bicycle.
The parties who could prove about the taking away are in the U.S.A. Witness is
not in poor circumstances at the present time; he did not try to get receipts
showing what the articles cost. He never complained that the goods had been
taken; he had no licence for the gun.
Edward
Haire, Ballymanagh, applied for compensation for the taking of gun by the
I.R.A. The gun was taken from him in August, 1920. It was ten years old and
cost £5 and was a double barrelled gun. He had no licence for it.
The Judge awarded £1.
ATTYMASS
CLAIM
Michael J. Hennigan,
Currower, Attymass, Ballina, applied for compensation for damage done to his
house and the destruction of his crop from 1922 to 1923.
Applicant said he was employed as herd for Mr. McGloin of Greyfort, about whose
land there was an agitation in March, 1922. Applicant would not join in the
organisation. His window was broken; also a ladder, and he was threatened and
ordered to clear out. On the 4th April he was driven off conacre
land which he had ploughed. There were oats and potatoes destroyed. There were
some stacks of oats valued for £28; potato crop, £44, and the damage to the
land at £51. In 12923 he was warned to have nothing to do with the land. There
was a gate on his land destroyed, and cattle were put in his oats. In November,
1923, the house was attacked.
In reply to the Judge, witness said the paper
he was reading from, giving particulars of the damage, was one he had prepared
some months ago for his solicitor. He had copied the particulars on it from a
paper he had prepared when the damage was being done, but that paper was at
home.
Mr. Thornton said he did not think the witness
should be allowed to use the paper, and by the direction of the Judge the
witness put the paper away.
The witness gave further details in support of
his claim, and said he had to leave his house.
Cross-examined, the witness said that the damage
was not done by the Free State Army or the Volunteers. The Volunteers were not
there officially, but members of the I.R.A. were amongst the agitators. Witness
admitted that in 19120 he was in with the agitators who wanted to bring Mr.
McGloin into the Sinn Fein Court to have his land divided. Witness got conacre
from Mr. McGloin after the fell away from the agitators.
Replying to the Judge, Mr. Thornton said his
case was that either under the 1923 Act, or the 1933 Act, the claim was
unsustainable, and if the applicant had a remedy at all it was under the
Malicious Injuries code, which Acts had not been repealed.
Mr. Micks said his answer was that the
ordinary Malicious Injury code had, at that time, been absolutely suspended.
The Judge said he was prepared to accept that
the 1923 Act only suspended the Acts of 1919 and 1920, but the Act of 1898
still remained, but he wanted to be satisfied that the applicant was entitled
to proceed under the 1923 Act.
Mr. Micks (reading the Act) said it was
provided by the 1923 Act that compensation was “payable in respect of all acts
of injury done to property between 11th July, 1921, and 20th
March, 1923,” in respect of which the Act of 1923 had not been passed, the
applicant “would have been entitled to apply for compensation under the
existing Malicious Injuries code.”
Having heard Mr. Thornton in reply, the Judge
adjourned the case.
CROSSMOLINA
CASE
Dr.
Luke McGuinness, Crossmolina, applied for £20 compensation in respect of
damage done to his wall by Free State Forces.
In reply to Mr.
Keeley the applicant said after the fight between Free State and Republican
forces in September, 1922, in Ballina, the former knocked down a wall for the
purpose of making a barricade at applicant’s residence.
Applicant produced a receipt showing the
amount expended and the Judge reported for £20.
REFUSED
Mrs. Ellen Jordan, Enniscoe,
Crossmolina, applied for compensation for a bicycle taken.
The applicant said that in March, 1923, the
Free State forces took her bicycle which had cost £7. Her husband was in jail
at the time. He was a member of the I.R.A.
Having heard evidence of the legal aspect of
the claim the Judge refused it without costs.
MORE
GOODS
Patrick Keane, Kincon,
Ballina, applied for compensation for goods supplied to the I.R.A> amounting
to £13 11s. 0d.
The applicant said the I.R.A. occupied
Farmhill Barracks in 1922, and he supplied goods as ordered. He made the entry
(produced) of the goods supplied at the time. He had made the entry in 1922.
The Judge said there were two and half pages
of items covering from March to May, 1922, which he handed to witness, to which
the witness said that he had made the entries as the transactions occurred.
Michael
Keane, son of the applicant, identified the sheet produced containing the
list of goods supplied as written by him. He wrote the items each day as they
occurred. The sheet produced was torn out of a book. He said he agreed with his
father’s evidence. To the Judge he said he had used two kinds of inks, red and
black.
Michael
Gallagher said he was a Company Commandant in the I.R.A. and got stuff
supplied by the applicant., but he could not say what amount the goods would
come to.
John
Commins said he was in the I.R.A. in 1922. They got goods in March and
April, 1922.
The Judge said nobody could believe a word of
the applicant, and he refused the claim.
GUN
AND CASH
John J. Leonard, Bofeenaun,
applied for compensation for monies expended for the I.R.A. for the price of
guns and munitions supplied, and for other cash expenditure amounting in all to
£73 18s. 4d.
The applicant said he was an I.R.A. officer
and supplied guns and ammunition to the I.R.A> he produced details of these
items and also for a claim for cash expended. He received £28 on account from Tom Derrig.
Having gone through the various items of the
claim, Counsel said he was satisfied that the applicant could only recover £50.
Mr. Thornton said the claim was really for
money expended, and it was just the class of case excluded in the Act.
Witness produced to the Judge a document
authorising him to do what he was now claiming for. On one occasion he had to
go to Dublin, as they had no money.
Mr. Connolly said the claim was obviously
genuine, and if the applicant had wished to do so he could have prepared the
claim in another way.
To Mr. Thornton, the witness said he was
actually financing things himself.
Mr. Thornton said he was relying on the fact
that Mr. Connolly admitted certain portions of the claim went out, and he also
relied on the sections of the Act covering this class of case.
Mr. Connolly said that taking £28 off the
amount claimed left £45 18s 4d still due to the applicant.
The Judge awarded £40.
“ON
THE RUN”
Anthony Lyons, Bridge Street,
Swinford, claimed in respect of a Ford motor car taken by the British Forces.
Mr. Connolly, B.L., was for the applicant.
The applicant said that on the 3rd
of October, 1920, the car was taken by the British Forces and returned in July
1921. The car had been damaged. It was bought new for £300. Witness gave
details of the damage to the car which he sold a week later for £60. He gave
credit in the claim form for the £60 he received.
Mr. Thornton said this was a claim for the
damage done to, not the taking of a car, and it must be adjourned to have
enquiries made.
The Judge ruled accordingly.
Applicant also claimed for the taking of a
greyhound bitch, when he said was valued at £30. Witness was “on the run”. The
dog was taken by Free State soldiers.
Cross-examined—He came back from being “on the
run” in July, 1923. In correspondence with the Government he never made this claim
before, as he had thought such a claim was not legal. The Guards were in
Swinford at the time the hound was taken, but no complaint was made at the
time. He bought the hound for cash; he did not pay by cheque as the seller
might not know witness. The hound divided a Puppy Stake at Dundalk.
Mrs. Sarah Lyons, wife of applicant, said in
1922 a number of Free State soldiers broke open a kennel and took away the greyhound.
When witness complained they told her to send her husband for the hound.
Cross-examined—Witness made a claim for other
goods taken by the army which was investigated. It amounted to £28, and witness
was informed that it could not be verified.
Witness said she could not explain how the
date furnished to the Department as to the taking of the dog was “the first
Wednesday in August.”
Mr. Connolly said the date in the declaration
was the 25th October, 1922.
The Judge awarded £20.
The same applicant claimed for goods supplied
to the East Mayo Brigade.
Applicant said the goods were supplied in
March and April, 1922. He took a note of the goods when supplied. Witness never
received any payment for the goods which were charged at wholesale prices. His
claim amounted to £56.
James
Henry
said he was Battn. Commandant in Swinford in 1922. Witness could vouch for the
ten overcoats taken, but knew nothing of the other articles claimed for.
The Judge awarded £45.
CYCLE
PARTS
Martin J. Hegarty, Carrowkeel,
Lahardane, applied for £12 14s 6d compensation in respect of cycle parts
supplied, and cycles repaired done for members of the I.R.A. There were two
claims.
The applicant said that in January, 1921, he
supplied cycle parts and did cycle repairs for the I.R.A. he entered the work
done in the book produced. He set out the various details from the book of the
work done.
Mr. Thornton said the details had not been
furnished with the statutory declaration, and he only got them by a special
application.
The Judge said he found it impossible to
follow the claim owing to the absence of detailed particulars and dates.
(The claim covered the pre-Truce and
post-Truce conflicts).
Witness said
the repairs were done to a bicycle of a man named Loftus who was a
dispatch rider. At that time the bicycles were not being commandeered. Witness
also had a claim against the British.
Patrick
Loftus said that from March, 1919, to July, 1922, he was an I.R.A. dispatch
rider and during that time got his bicycle repaired by the applicant, and he
also got parts supplied.
To the Judge, witness said the bicycle was
repaired in 1919 and also in 1920. He had no exact dates. He said the bicycle
was his own, and was an old one.
Mr. Thornton said his submission was that it
was a private deal between witness and the applicant.
To the Judge, witness said he would pay the
amount to applicant if he could.
Mr. Wilson said the witness had sworn he used
the bicycle in a certain capacity.
To the Judge, the witness said the principal
use of the bicycle was for his own purpose.
The Judge refused the part of the claim which
related to repairs to Loftus’s bicycle.
Giving evidence in the second claim, Martin Harte said he was a dispatch
rider in the I.R.A. and got a cycle tyre for that purpose from the applicant.
Mr. Thornton said the position was very
confusing, because two claims had been lodged instead of one.
The Judge said he thought he had already
dismissed the claim, as it included work done for Loftus.
Mr. Wilson said Loftus was included in both
claims.
Cross-examined, he said he knew nothing of any
deals between the other parties named as having got work done, viz, Hegarty and Corcoran, who are now in the U.S.
Applicant, recalled by the Judge, pointed out
in his book what he had done for John
Corcoran (who was then in the Barracks) to the amount of 25s 8d. As regards
Waters, who was also in the
Barracks, witness did work for him amounting to £2 8s. and the work for Loftus
amounted to £3.
The Judge awarded £5.
BALLINA
ACCOUNT
Dominick Molloy, Breaffy,
Ballina, claimed £61 14s. for goods supplied to the I.R.A.
Applicant said that when he had a shop in
Bridge Street, Ballina, he supplied goods to the I.R.A. Witness produced an
account showing the goods supplied. He had a grocery business.
Cross-examined—His profit in the business was
from 2½ to 5 per cent.
The Judge awarded £40.
IN
GLASS ISLAND
Mrs. Kate Madden, Glass Island,
Knockmore, claimed compensation for billeting I.R.A. troops, amounting to £64
10s.
The applicant said her place was a place of
refuge for the I.R.A. who billeted with her, and to whom she supplied food from
August, 1922, to the “Cease Fire” in 1923. Witness, at times, had up to 15 men;
at times perhaps about 2. She kept no book or record, but it covered a period
of 285 days. There are four other houses on the island. Witness said it cost
about 4s 6d a day for feeding. She bought a great amount of bacon. Witness had
cows from which she got butter; witness, who is a widow, had a family. She
contracted debts with Mr. Maloney,
shopkeeper, Knockmore, for goods she had to get, but which she subsequently
paid.
Proceeding to give details, witness said it
cost about 1s 6d a day to keep each man.
Cross-examined—She cooked the meals and they
were consumed in her house. She did not tell Mr. Maloney that she wanted the
goods for men “on the run”. Witness had nothing to do with the mails from the
island to the mainland.
Thomas
Bourke said he was Company Adjutant. Various I.R.A. men stayed on the island
and were fed and billeted with the applicant during all the time stated in the
claim.
To the Judge, witness gave details of the sort
of food supplied. There was an average of three men per day billeted with the applicant.
The Judge awarded £15.
AN
I.R.A. CAMP
Mrs. Mary Naughton,
Massbrook, Pontoon, claimed £4 13s. compensation for sheep killed by and goods
supplied to the I.R.A.
The applicant said the I.R.A. were camped in
the village in 1922/’23 In October, ’22, a sheep, her property, was killed. She
supplied tobacco, cigarettes and matches to the I.R.A. also. Witness produced
an account of the goods supplied. There was also an item for cash.
The Judge struck out the amount and awarded
£3.
CLAIMS
FROM CROSSMOLINA
A.
Rowland,
claimed £24 11s 1d for goods supplied to the I.R.A. and gave evidence to this
effect.
Applicant’s daughter, Mary Rowland, produced
the account book showing the goods supplied.
The Judge awarded £16.
Andrew McNeely claimed £109
for goods supplied to the I.R.A., and gave formal evidence of the claim. He
charged the retail price.
The Judge awarded £80.
Michael
Mulherin claimed £6 16s 9d for goods supplied to the I.R.A., and produced
his account book of the transactions. The entries were made some years after
the goods were supplied. He considered the goods as good as lost. He produced
vouchers for most of the goods supplied.
Edward
O’Boyle said he was in Crossmolina Barracks at the time the goods were got
from the applicant.
The Judge awarded £5.
BALLINA
DRAPERY
Thomas MacHale, Arran Street,
Ballina, applied for £87 for goods supplied to the I.R.A., and he said he
supplied the goods claimed for, and were taken from the shop by the I.R.A. He
said he sent the bill to Mr. P. J. Ruttledge, who said they had no funds.
Thomas
Finnerty said he was an I.R.A. officer (Company Adjutant). He was present
when the goods were taken from the shop.
The Judge reported for £65.
A
MISSING BOOK
Michael Reilly, Bofeenaun,
claimed for £6 0s 10d for goods supplied to the I.R.A. He said he kept a
passbook showing the goods, but he had not that book now.
Michael
Mulderrig said he was in the I.R.A. and was aware the goods were taken from
the applicant.
The Judge awarded £5.
MANY
MORE LODGED
In addition to the list of claims published
last week the following claims for injury to property following the shooting of
two policemen on the night of the 16th April in Ballina have been
lodged:
Patrick, John and Michael Moylett (trading as Moylett’s Stores),
King Street, Ballina, two plate glass windows, one return plate glass window,
and plate glass doors, four panes of plate glass, two panes of plate glass in
Arran Street, value £344 10s, and stock-in-trade, value £369 18s 4d, wantonly
and maliciously broken, injured, and destroyed and £30 consequential
damage—Total £747 8s 4d.
Martin
Corcoran, Bridge Street, Ballina,
two plate glass windows, fanlight, shop door and bedroom window, value £54 10s,
and stock-in-trade value £9, broken, injured and destroyed and £15
consequential damage—total £78 10s.
Dominick
Molloy, Bridge Street, Ballina, two plate glass windows and fanlight, value
£50 10s; stock-in-trade, value £22 6s, and £30 consequential damage—total £102
16s.
WOUNDED
POLICEMAN’S CLAIM
Constable
Walter Davis, one of the policemen shot in Bridge Street,
Ballina, on the same night, has served notice of his intention to claim £2,000.
(See full report from the “Western People” of 11th June, 1921) of
this claim.
BONNICONLON
AMBUSH
Constable
William Hankins, who was wounded on the occasion of an ambush at
Bonniconlon on the morning of the 4th April, is claiming £1,500.
(See full report from the “Western People” of 11th June, 1921).
MORE
TO COME on these claims
Ballina Herald,
2nd September, 1922
=====
THE
LATE LIEUT. MORAN
Mr. Patrick Moran, Hill Street,
Ballina, has lodged a malicious injury claim for £2,000 for the death of his
son, Lieut. Patrick Moran, who was
shot in Hill Street, Ballina, while in the execution of his duty. (Ballina
Herald, 2nd September, 1922).
======
THE
BURNING OF BALLINA BARRACKS—£5,000 CLAIM
The Executors of the will of the late Charles Gallagher, Ballina, has lodged
a claim for £5,000 for the burning and destruction of Ballina R.I.C. Barracks, Walsh Street, Ballina, which Mr. Gallagher
owned. (Ballina Herald, 2nd September, 1922)
