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SHOT DEAD
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TRAGIC OCCURRENCE
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Killed
at His Father’s Door:
Inquest
and Verdict
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(Western People, Saturday, 19th
August, 1922)
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O
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N Friday
night, 11th inst. at 11.30p.m. Lieut. Moran was shot dead at the
door of his parents’ residence and the shooting took place with tragic
suddenness, but whether it was a premeditated affair or simply occurred over a
request for lodgings made by the man who fired, to Lieut. Moran’s father is not
very clear. It appears that Lieut. Moran, after mounting guard in the
workhouse, went to his parents’ house for a cup of tea, and was in civilian
clothes. He was only about five minutes in the house when a soldier, Sergeant
Kavanagh, knocked at the door.
The knock was answered by Lieut. Moran’s
father, who was asked by Sergeant
Kavanagh if he could up two Free State soldiers for the night. Mr. Moran
called his daughter, who informed Sergeant Kavanagh that the house was full and
she had no room. Lieut. Moran, hearing the conversation at the door, came out
and directed Kavanagh to go to the workhouse. He also requested him to hand up
his rifle, which he did. The other soldier, Volunteer Patsy Fagan, by this time
had moved away from the door, and when Lieut. Moran called on him to come back,
a shot rang out, and Lieut. Moran fell to the ground, mortally wounded. Dr.
Walsh was immediately on the scene and found that the unfortunate officer had
been shot through the abdomen. He subsequently was removed to the hospital,
where he died twenty minutes later. The affair created a painful sensation in
the town, where lieut. Moran was very popular, and the greatest sympathy was
felt for his afflicted parents.
The following evening, Saturday, an inquest
an inquest was held on the remains by Dr.
McGuinness, Deputy Coroner for North Mayo.
The following jury was sworn: Messrs. James Murphy (foreman); Wm. Connor, J. Cowley, P. J. McNamara, W.
Lydon, E. P. McLoughlin, D. Lowry, J. Finnerty, Joe Courell, P. Hanley, D.
Stephens, A. Kelly, T. Ryan, J. Boland, M. Lavin M. Moylett.
Mr. H. C. Bourke appeared for the military.
The Coroner said they were there to inquire
into the circumstances of the death of the late Lieut. Patrick Moran. He,
Coroner, knew nothing about the affair except what he was told in a wire by the
military. He had not eh pleasure of knowing the deceased officer, but he knew
his parents and family very well, and he deeply regretted to have to preside
over an inquiry into his death.
Michael
Moran, brother of the deceased, was then sworn, and identified the body as
that of his brother, Lieut. Patrick Moran, who was unmarried, and almost 23
years of age. He was First Lieutenant in the National Army.
Patrick Moran, father of the
deceased, in reply to Mr. Bourke, stated that his son was stationed in Ballina,
and on the night of the 11th inst his son came home. It was about
11-30 p.m. He sat by the fire and asked for some tea. He was only in the house
five minutes when a knock came to the door witness answered it. There were two
soldiers at the door, one of which was a small man with a bugle hung on his
shoulder. He knew this man to be named Sergeant Kavanagh. The accused and
Kavanagh were in military uniform, with rifles and ammunition belts. He added,
however, that Kavanagh said: "We insist on stopping here for
the night. We must get place, if we were to lie on the floor. His son came out
and said ‘Kavanagh, I told you to go home at 8 o’clock’. His son then said to
the other man ‘You should be behind, too.’ ” After taking the rifle from
Kavanagh his son called to Fagan, "Come back you; don't fire."
Mr. Bourke—Are you able to say who fired that
shot?—The man outside the door—Fagan. Kavanagh was still in the hall.
What happened when the shot rang out?—My son
fell, and I went for the priest. I did not see the soldier who fired the shot
since.
To the
Coroner—The soldier at the door had a rifle as well as Sergeant Kavanagh.
Were there any
signs of drink on them?--~They did not appear drunk, but I knew very well they
had drink taken.
Mr. Moylett—Did your son say anything
at all?—I heard him say “Don’t fire.”
Dr. Edward Walsh gave evidence
that he was called on the night in question to see Lieut. Moran, who was
alleged to have been shot. He examined him and found him suffering for a bullet
wound in the abdomen about one inch from the ninth rib. There was an exit wound
in the posterior wall. He was in a state of collapse. He had the man removed in
the ambulance to the hospital where he died about ten minutes afterwards.
Death, in his opinion, was due to shock and haemorrhage caused by a bullet
wound.
Dr. Delaney, medical officer
to the troops in Ballina, gave corroborative evidence, and added that the
father of the deceased told him he was shot by a man named Walsh. Witness asked
Lieut. Moran if he knew the man who shot him, or if he could remember his name,
and he said he could not. He then asked him if his name was Walsh, and he
replied that it was not.
Dr. Walsh, recalled, corroborated the latter
portion of Dr. Delaney’s evidence, and said Lieut. Moran said he was positive
that the man who shot him was not named Walsh.
Miss
Mary Moran, sister of the deceased, corroborated the evidence of her fathe
in regard to the knocking at the door on the night of the occurrence. She wqas
called to the door by her father, who answered the knock, that the men asked
for lodgings, and that subsequently her deceased brother came to the door from
the kitchen. Witness knew the appearance of one of the soldiers. She now knew
his name to be Sergt. Kavanagh. He was standing in the hall and another soldier
was standing at the door. Both of the soldiers had rifles. When she came on the
scene Sergt. Kavanagh asked her if she could keep two Free State soldiers for
the night, and she replied that she was worry that she could not that she was
full up. He replied: “You will have to keep them; bear that in mind.” Her
brother then came out and told Sergt. Kavanagh to go back to the workhouse. He
asked him for his rifle and also why he left the workhouse. Sergt. Kavanagh did
hand over his rifle to her brother. Her brother told Sergt. Kavanagh again to
go back to the workhouse. The other man in the meantime had move out to the
street, and brother went after him. He called out to the soldier twice, “Come
here.” The soldier did not answer. She then saw her brother raise his finger
and say “don’t fire.” Immediately her brother fell to the ground. She went to
his assistance. There was nobody on the street at the time. Her brother was
lying on the flags. From where she was in the hall she could not see the other
soldier after the stepped on to the footpath and moved up towards the railway
station. Sergt. Kavanagh was under the influence of drink. She only saw the
other man in the darkness and could not not form an opinion as to what
condition he was in. Her brother said to her when he fell: “Bring me a priest.
I am shot; I am done.”
Sergt. James Kavanagh
deposed, in reply to Mr. Bourke, said that he met Volunteer P. Fagan at about
11.30 p.m. near the post office. Witness was talking to Corporal Masterson,
saying he was looking for a bed. Fagan, who came along, also said he was
looking for a bed. Witness and Fagan then went looking for a bed. They first
went to the Moy Hotel, but there was no room there. Next they went to the place
in Hill Street where the Red Cross men were staying, but there was no room.
They then went across the street and knocked on Mr. Moran’s door, but he did
not know whose house it was then. The door was opened by a man, and a girl
afterwards came to the door. He asked the girl if she could put two Free State
troops up for the night, even if they had to sleep on the floor, and she said
she could not, that the house was full. Witness said: “Surely you won’t put us
out?” and then Lieut. Moran came out to the hall and said: “Kavanagh, there is
no room here; cannot you get back to the workhouse?” Witness replied: “The
blankets in the Union, sir, are condemned.” Lieut. Moran then asked for his
rifle and he handed it to him and then he was told to get back to the
workhouse. Moran walked out in front of witness on to the flags. Fagan was
standing outside with a rifle. When Lieut. Moran went out he said: “Don’t
fire,” and instantly a shot rang out and Lieut. Moran fell. Witness went to his
assistance. He did not see Fagan since. There was no one about at the time except Fagan.
What condition was Fagan in?—Well, he had
more drink in him than I had. He had a good deal of drink taken. He was
three-quarters drunk.
To Mr.
Moylett—I recognized Lieut. Moran on this night, but I do not know if Fagan
knew him.
Volunteer John Curley, said he removed Lieut. Moran to the hospital in the
ambulance on the night of the shooting. He asked Lieut. Moran who shot him, and
he replied, after a pause, “Fagan.” Witness asked him which Fagan, and he again
said “Fagan”. Lieut. Moran had his full senses at the time.
Mr.
Bourke
then addressed the jury, and said he had provided all the evidence in his power
to produce, and it was for the jury now to arrive at a verdict on the facts
before them. The story of what happened on the occasion, he proceeded, was a
very plain one, but undoubtedly there were a few links missing which would make
a jury hesitate to bring in the most serious verdict they could arrive at. Of
course that was a matter solely for the jury. The man who, apparently it was
suggested, was responsible for the death of Lieut. Moran was not present. That
was one of the strange things of the whole affair, and the jury might think it
very suggestive. They had the evidence before them that this man was under the
influence of drink, but there were matters which must be dealt with later on. A
very valuable young life had been lost.. He was the son of very respectable
parents, and on behalf of the military, he offered to them sincere sympathy and
regret.
The Coroner said the jury should bring in a
verdict in accordance with the evidence. There was no necessity for him to give
them a summary of that evidence, because it was very plain. The first thing
they had to deal with was the medical testimony, and that was that the deceased
died from shock and haemorrhage as a result of a bullet wound. The next thing
they had to consider was—who fired the shot?
The Coroner then reviewed the evidence on
this point, and said he would give no direction one way or the other. He was
simply dealing with the facts, and it was for the jury to base their verdict on
those facts.
The
jury then retired, and after an absence of almost twenty minutes, returned a
verdict that the deceased died of shock and haemorrhage caused by a bullet
which they believed was fired by Volunteer Fagan. They added a rider expressing
sympathy with the parents of the deceased, the foreman describing the affair as
a most unfortunate occurrence.
The Coroner said the verdict was the only one
that could have been brought in, and the only one that could consistently be
arrived at on the evidence produced. He again expressed his sympathy with the
parents of the deceased and thanked the jury for the attention and patience
with which they dealt with the case.
THE
OBSEQUIES
The remains were afterwards conveyed to the
Cathedral, where many wreaths were placed on the coffin. The cortege from the
district hospital mortuary to the Cathedral was very large. In the Cathedral a
guard of honour was placed over the remains, and kept vigil throughout the
night. On Sunday the funeral took place to Leigue cemetery, and was one of the
largest that passed through the town for a long time. A contingent of the
military accompanied the remains, which was carried from the Cathedral to the
hearse by the officers of the Brigade Staff, including Comdt. Coyle. Many priests were also present for the funeral. After
the coffin was lowered into the grave three volleys were discharged by the
firing party, who was in charge of Capt.
S. Donnelly.
The last prayers at the graveside were read
by Very Rev. Father Greaney, Adm.,
V.F., assisted by Rev. Father O’Connor
and the several other priests present.
The following wreaths were placed on the
grave:--
“In fond and loving memory of our beloved colleague
and comrade, Paddy,” from the members of the Ballina Post Office indoor and
outdoor staff.
“With deepest sympathy,” from the officers,
No. 1 Expeditionary Force.
“In loving memory of a brave solider and
devoted comrade, Lieut. P. Moran, Oglagh na n-Eireann,” from the officers,
non-commissioned officers of the North Mayo Brigade.
“From the N.C.O’s and men E. Company, 1st
Battalion Western Command (Athlone)”.
The chief mourners were: Patrick Moran (father); Mrs.
Moran (mother); John, James,
William, Edward (brothers); May
and Katie (sisters); M. Moran (uncle); Patrick and Joseph and May Moran; John, Tom, Mary Agnes, and Gertrude Battle (cousins).
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DISTRICT COURT HEARING
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(From the files
of the “Western People”, 23rd September, 1922)
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At the Ballina District Court on Tuesday, 19th September, 1922, before Mr. Liam Coyne, D.J., the charge against Patrick
Fagan, of Streete, Co. Westmeath, for the alleged murder of Lieut. Patk. Moran
on 11th August, 1922. at Hill Street, Ballina, was further investigated.
Mr.
John Kelly, State Solicitor, prosecuted, and Mr. P. J. Ruttledge defended.
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SEQUEL TO BALLINA SHOOTING
Patrick
Fagan, aged 35, a native of Streete, Co. Westmeath, was arrested by the
County Sligo detective force at Glenree,
Bonniconlon, at the house of a man
named Moran, on Friday of last week (May 23rd, 1925) on a charge of
having shot dead Lieut. Patrick Moran
of the National Army at Ballina, on the 11th August, 1922. He was
handed over to the Civic Guard and brought up at a special court, before Mr. Ahearn, P.C., at Ballina on
Saturday and remanded to the District Court. On arrest he said: “I know nothing
about the murder, although they say it was me.”
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BALLINA MURDER CHARGE
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SENTENCE OF DEATH PASSED IN DUBLIN
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(Ballina Herald, 11th February, 1926)
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Patrick Fagan, 32 years of age,
was found guilty of the murder of Patrick Moran, Hill Street, Ballina, on the
night of 11th August, 1922, by a jury at Green Street Courthouse,
Dublin, on Thursday, and Mr. Justice Sullivan passed sentence of death.
Tuesday, 2nd March, was fixed as the date of the execution.
The
jury recommended the prisoner to mercy because of the troubled state of the
country at the time that the crime was committed, and the judge said that the
recommendation would be forwarded to the proper quarter.
Mr.
Carrigan,
K. C., who, with Mr. Dudley White,
KC., (instructed by Mr. Boyd, State
Solicitor), stated the case against the prisoner, said that the murder—for it
was nothing less—took place in unsettled times. Fagan was a private in the
National Army, and was one of a party of troops who were occupying Ballina. At
about 10 o’clock on the night of August 11th, 1922, Lieut. Moran
(who was one of the officers with the party of soldiers) went to his father’s
home in the town of Ballina. Half an hour later a knock was heard at the door,
and when Lieut. Moran’s father opened it he saw two soldiers with rifles
standing outside. One of the was a soldier named Kavanagh, and the other was
the prisoner, Fagan. They asked for a night’s lodging, and Mr. Moran told them
the house was full. His daughter then came upon the scene and expressed regret
that she could not accommodate them. They demurred, and Lieut. Moran, hearing
the voices, came into the hall, and, recognizing the men, asked why they were
there, and added, “Did I not tell you that your billet was at the workhouse?”
“Hand me that rifle,” he said to Kavanagh, and Kavanagh handed over his rifle
and ammunition. Fagan loaded his rifle and stood on the threshold with the
weapon at the “present.” Lieut. Moran demanded the rifle, and when he saw Fagan
leveling it he called out, “Don’t fire.” Fagan did not heed him and fired,
shooting him dead.
Counsel said that after that Fagan ran away, and was not seen in Ballina
for a month, when he came into the town with a band of men, who seized the town
from the small company of National troops holding it. Fagan was one of the
first of this band of lawless men who appeared on the streets. Seeing a brother
of the deceased man in the street, Fagan went over to him and tried to capture
him, although he was unarmed. He told Moran that “he would give him the fate he
gave his brother” if he left a hand on him.
To his credit of whoever was trying to
exercise authority over this band of armed men, proceeded counsel, a man spoke
up and said to the accused, “If you touch this young man, I’ll have your brains
out.” “And so,” remarked Mr. Carrigan, “he did not add a second murder to the
first.” Fagan disappeared, and was not arrested until May 23rd, of
last year.
THE
EVIDENCE
Patrick Moran, a labourer,
living in Hill Street, Ballina, stated that his son was a 1st Lieut.
In the National Army, and had been in the British Army previously. In August,
1922, the Free State troops were in Ballina and had been operating in the
neighbourhood then for two or three weeks. On the night of the 11th
August two Free State soldiers knocked at the witness’s door and asked for
lodgings. One of the soldiers was a man
named Kavanagh, and the other soldier was the prisoner. They carried rifles and
ammunition belts. He told them that, as it was the night before a fair, there
was no room for them in the house. Kavanagh said: “We will insist on getting
lodgings for the night”; and the witness’s son (Patrick) came out to the door
and, addressing Kavanagh, said: “Did I not tell you, Kavanagh, to be in your
barracks in the workhouse at 8 o’clock?” Kavanagh replied that he was sorry,
and Patrick ordered him to hand over his rifle and ammunition, which he did.
When Patrick went out on the street the witness heard him saying, “Come back,
you,” and “Don’t fire.” A shot rang out and his son fell on the street.
Miss Moran, daughter of the last
witness, deposed that Fagan pushed up the bolt of his rifle, and that when the
shot went off he ran away in the direction of the railway station.
Michael Moran, a brother of the
deceased, stated that on 12th Sept., 1922, the day Ballina was taken over by
the Irregulars, he met the accused, Fagan, at Ardnaree, and said to him,
"You are Fagan, the murderer, that killed my brother." Witness went,
to catch him by the throat, and he said: “Who are you?" and witness
replied, "I am a brother of the kid you shot dead." He said:
"Yes, I did. you ------, and I will give you the same death." The
accused then presented his rifle at witness, and witness said, "Fire, you
coward you."
Mr. Ruttledge—There is no charge in regard
to tbe 12th September.
Mr. Kelly—On 12th September be was charged
with the murder, and this is part of the reply.
Witness
said Lieut. Joseph Doherty caught
hold of Fagan's rifle and said, "If you attempt to fire I will blow your
brains out, Patsy." The accused was then with two girls. Lieut. Doherty
was a member of the Irregular organization.
Mr. Ruttledge
did not cross-examine.
Further evidence went to show that when arrested by Supt. Doyle, Fagan said: “I know nothing about the murder, although
they say it was me.”
James Kavanagh, 32 Constitution
Hill, Dublin. and now in Mountjoy Prison, who was a sergeant in the National
Army at the time of the occurrence, stated that on the night of 11th August,
'22, he was in the company of the accused, whom he now identified. They went
to Hill Street at between 10.30 and 11 o'clock, p.m. and to the house of Lieut.
Moran, but they did not know be lived in it. Both of them were in uniform, and
each of them carried rifles and 100 rounds of ammunition. When they got to the
house of Moran witness knocked at the door, and it was answered by either the
sister of the deceased or his father. Witness asked to be put up for the night
with Fagan, and Miss Moran said they were full up on account of the fair.
Lieut. Moran then came out and asked witness for his rifle, and he handed him
over rifle and ammunition. Lieut. Moran then said. "Did I tell you go to
the workhouse?"
Mr.
Ruttledge said that was no evidence.
Witness
said the accused was listening to what the deceased said.
Mr.
Ruttledge—How does he know that be was listening?
The
witness said the deceased took his rifle and put it in the hall, and then went
out to the footpath where the accused was.
What
next did you hear?—I heard the deceased saying: “Don’t Fire”, and immediately
a shot, rang out.
Did Lieut.
Moran say anything else ?—He said something about the rifle after he
said: "Don't fire, Fagan."
Mr.
Ruttledge said it was not fair to put a leading question to bring out the name
Fagan."
The
witness further stated that he heard Lieut. Moran asking Fagan for his rifle.
When Lieut. Moran passed him in the doorway he heard him saying, "Give me
that rifle, Fagan." The accused then backed out on to the roadway. He had
his rifle in his band at the time, and holding it on the guard position."
Witness saw the flash of a shot from the rifle of the accused, and as witness
left the house he saw the deceased falling
Where
was the accused then?—He had vanished. I lifted Lieut. Moran's head. At that
time there was no one in view on the street. I never saw the accused after that
until now.
Mr.
Ruttledge reserved his cross-examination.
THE
DEFENCE
The prisoner Fagan was then called to the
witness box, and examined by Mr. Conor
Maguire (instructed by Mr. F. Kennedy), who conducted the
defence. He stated the rifle went off accidentally. Lieut. Moran was in
civilian attire, and he did not know, when he called upon him to halt, that he
was an officer in the Free State Army.
Mr.
Maguire then addressed the jury on behalf of Fagan, and asked them to believe
his statement that he did not recognize the Lieutenant, who was wearing
civilian clothes, and that the firing of the rifle was accidental.
Mr.
Cosgrave having replied for the State.
Mr.
Justice Sullivan charged the jury at some length, reading extracts from the
evidence of the witnesses for the presentation, as well as from that of Fagan,
and in conclusion left it to the jury to say what they thought of the case.
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