Tuesday 28 April 2015

North Mayo Election Tragedy

NORTH MAYO ELECTION TRAGEDY
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THE BALLYCASTLE SHOOTING
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VERDICT OF MURDER
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(The Ballina Herald, September 20, 1923)
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O
N Friday evening week (8th September), Mr. John Kelly, Coroner for West Mayo, held the adjourned in quest in Castlebar Courthouse into the circumstances of the death of Corporal Michael Hogan, a National soldier under the Claremorris Command, who died at the Co. Infirmary as a result of wounds received in Ballycastle on the night of 31st August. It appears he was one of a party of military who left Killala for Ballycastle on the evening after the result of the poll for North Mayo had been declared, and entered the village while celebrations for the return of Dr. Crowley, T.D., were in progress. After being mortally wounded on the street, under circumstances disclosed in the evidence, he was attended by Dr. John Crowley, T.D., who accompanied him to Ballina hospital, and he was subsequently taken to the County Infirmary, where he died shortly after admission. The jury returned a verdict of murder.

 The following were sworn on the jury: Messrs. Peter Clarke (foreman); Patrick Langan, M. J. Short, John Hoban, B. Holland, P. Convey, J. Brady, M. Rowland, P. J. Carney, W. McDonagh, P. Ryan, John Hynes, J. J. O'Boyle and T. J. Loftus.

  Supt. Doyle, Ballina, appeared for the State, and conducted the examination of the witnesses.

  Capt. Hunt represented the military.

CIVILIANS MARCHING IN MILITARY FORMATION

  The first witness was Lieut. Thomas Maurice Guy, who was in charge of the military on the occasion.

  In reply to Supt. Doyle, he deposed--On the 31st August I was in Ballycastle, where we arrived at 10.30 from Killala. I went with a party of 12 on a patrol. We were all in uniform. When we arrived at Ballycastle I saw a party of men (civilians) in military formation, marching in columns of fours. I called on them to halt several times; they didn't halt, and answered me back in very obscene language, and continued to march. They were given words of military command such as "left," "right," and they ignored my command to halt. I ten fired a shot in the air from a rifle and cried "halt." A command was then given from the crowd to "double." To two soldiers on my left, in line with me, I gave orders to fire in the air. In the meantime fire was opened on us from the retreating party of civilians. then I ordered my men to cease fire--they had fired six shots then, three each. I then told Corporal Hogan (the deceased) to get to the side of the street for cover. Corporal Hogan called me by name, to tell me something, and I told him not to call me by name. At this time he (deceased) had his back partly turned to the retreating party; about three seconds later after that the deceased said "I'm hit, I'm hit." He staggered towards the wall, and I caught him and took him into a house near hand (Kneafsey's) and sent for the priest and doctor.

  Superintendent--How many shots did your party fire?--Seven.

  Coroner--You said only six shots were fired?--That is so; I fired one myself.

  Superintendent--How many did the civilian party fire?--Between 20 and 30.

  Were they revolver shots?--Yes.

  Continuing, witness said he saw deceased after death and gave formal evidence of identification.
  Foreman--Were the shots fired by your men blank?--No,  they fired ball cartridge.

  Did you see the man who shot Corporal Hogan?--No. They were burning tar barrels, and a big party of men were marching. After the Corporal was shot I didn't like to fire on the crowd, as there were women and children in it.

  Replying to Mr. O'Boyle, he said he was on the street of Ballycastle when the corporal was hit.

  Asked by Mr. O'Boyle to describe what happened, he said he saw a party of men marching in military formation; he called on them to halt; they ignored the order and used bad language. He then fired a shot in the air, and his men then discharged six shots in the air.

  Mr. Hoban asked was the party that fired under cover, and he said they were under cover of the people on the street.

  Captain Hunt--Why did you proceed with your party to Ballycastle?--Because a report came in that a hostile party had assembled there.

  Was the deceased marching beside you?--Yes.

  Did he keep in line with you all the time?--Yes.

  Did he leave your side at any time?--Yes when I told him.

  Where did he go to?--To the side of the street.

  At the time you went to the side of the street was his side turned to the hostile crowd?--Yes, and he called me by name.

  Did you hear shots then?--Yes.

  From what direction did they come?--Up the street and from an archway.

  When the shots came from the archway did you see the deceased fall?--Yes.

  What did he say?--"They have got me and I forgive them. Do nothing rash."

  Have you considerable experience of military life and the use of arms?--Yes.

  Have you experience of the wounds made by all classes of firearms/--Yes.

  Did you examine the deceased's wound?--Yes.

  As an expert in this matter, what do you say the wound was caused by?--I say by a revolver bullet.

  How were you and your men armed/--With rifles.

  Supt. Doyle--Was the deceased married?--Yes.

  Where was he a native of?--Co. Kildare.

EVIDENCE OF DR. CROWLEY, T.D.

  Dr. Crowley, T.D., Ballycastle, deposed--Some time between 10 and 11 o'clock I was in the town of Ballycastle on this evening week. I was walking up the town, and saw a tar-barrel being carried by some people before me--people of both sexes. When the people who were carrying the tar-barrel reached the town I heard loud cheering and boohing. A crowd of the young people of the town were proceeding out of the town towards my house, which is about seven minutes' walk from the town. I followed them, and when about a hundred yards outside the town, at the house of Mrs. Kelly, a young lady stopped me to speak to me, and she said that some of the military had gone into the town. I ten went on towards my house, and met the young people coming back with the tar-barrel, which they placed on top of a gate pier on the roadside about fifty yards from my house. I went in amongst them--my three girls were with me--and all the young men and women and children around the tar-barrel were personally known to me. After speaking to them--

  (Witness added that if the jury wished he would repeat what he said, and the Coroner said it was necessary.

  Continuing, he said--The young boys and girls went towards the town and I went towards my own house. When I went to the window I looked out and the tar-barrel was not on the pier.

  Capt. Hunt--That has nothing to do with this case.

  Proceeding with his evidence, the witness aid--When I looked out the tar-barrel was knocked off. I cannot say how long after--but it was only a short time--there was a violent knocking at the hall door. When I opened the door there were two men standing on the step. One of them was known to me--John Joe Rowland, Ballycastle; the other, who wore a trench coat, was a stranger--I did not know him. Rowland said to me, "Come over quickly to the town, a National soldier is wounded." I went immediately to the town and found in Mr. Kneafsey's front room a man lying on his back. He was wounded. His tunic was open. I examined him and found a piece of omentum protruding through his abdominal wall in the epigastric region. I placed a dressing on it and gave him hypodermic morphia and directions for his removal to a motor car outside the door, in which I accompanied him to Ballina District Hospital, or perhaps it is the military hospital, as I am not familiar with it.

  Supt. Doyle--Did you hear any shots?--No.

  Your house is seven minutes' walk from the town?-yes.

  Would it be possible for you to hear rifle shots in your house?--Yes, but we heard none.

  Did you see the crowd going from the gate pier to the town?--Yes; we left together.

  Did they take away the barrel?--No, they left it on the pier.

  Capt. Hunt--When you were leaving for home you were told the military had arrived?--Yes.

  And you went home like a sensible man?--Yes.

  Some time after you were told that a National soldier had been wounded in the town?--Yes.

  And you went down to him?--Yes.

  You found a wound in the abdominal region?--Yes.

  And a piece of the omentum protruding?--Yes.

  What in your opinion was the wound caused by?--A bullet.

  Was that the entrance wound made by the bullet?--Yes.

  Did you see any other wound?--I did not examine him any more. From the nature of the wound I thought it was better to have transferred to hospital.

  Did you make any statement to the military doctor as to the nature of the wound?--I don't think I did.

  Did you state to anyone it was the exit wound?--I don't remember.

  Could you have stated that?--I could.

  In your opinion was it the entrance or the exit wound?--I took it as the entrance wound, and that the exit was at the back.

  Could you say by what sort of bullet it was caused?--No; I have no experience of bullet wounds.
  Mr. Loftus--Was there any disturbance in Ballycastle when you were coming up the street?--None whatever.

  Foreman--From what direction did the military come?--I do not know, but I heard they came from Killala.

  I understand you live between Killala and Ballycastle?--Yes.

EVIDENCE OF DR. MacBRIDE

  Dr. MacBride, Resident Surgeon, Co. Infirmary, Castlebar, deposed--I received the deceased at 4.30 a.m. on the1st. He was quite conscious, but his pulse was imperceptible. I looked upon him as hopeless for an operation; however, I got preparations made for an operation. On examining him I found he had an entrance wound at the back of the left side, and a wound in the epigastrium, through portion of the omentum protruded. He died shortly after. His death was due to shock and to the injuries he received.

  Coroner--What caused the injury?--I cannot say, but I think it was a rifle bullet--I took it to be a rifle bullet.

  Was there only one bullet wound?--There was an entrance and an exit wound.

  Capt. Hunt--There was an entrance wound at the back of the left side and an exit wound in the abdomen?--Yes.

  What appearance did the exit wound produce?--It was not large; about the size of the top of my thumb.

  When the omentum was protruding wasn't it a pretty large wound?--Yes.

  Would a revolver bullet cause a wound of that nature?--It could.

  You have experience of the different sort of bullet wounds?--Ye.

  Coroner--Could it be caused by a rifle bullet?--Yes.

  Capt. Hunt--The exit wound was jagged?--I cannot say that it was.

  But the omentum as protruding?--Yes, but that could come through a small wound.

  Dr. Donegan, a military doctor, was called, but being unable to throw any light on the tragedy he was not examined.

  Mr. Hoban said there was no evidence given so far that the deceased was the man who wounded in Ballycastle.

  Supt. Doyle--Lieut. Guy identified him in the infirmary after death, and he has already given evidence to that effect.

CONTRADICTORY EVIDENCE
  A man, dressed as a civilian, who gave his name at Hugh McAllister, was next examined. He deposed, in reply to Supt. Doyle--On the night of Friday, the 31st August, I was a member of a party of 12 men under Lieut. Guy who proceeded from Killala to Ballycastle. Coming to the top of the town we discovered a crowd of people. We could plainly see from the light of the bonfires a crowd of men marching in military formation. Lieut. Guy shouted "halt," and then fired in their air. The women and children ran in all directions, and of course we couldn't fire into them. Six of us fired a round each. then a volley seemed to come the lower end of the town. We had to throw ourselves on the ground. During the time we were on the ground several shots were directed at us from the opposite end of the town. Corporal Hogan then shouted out, "I'm hit; they had got me." We went to his assistance and brought him into Mr. Kneafsey's. There was continuous boohing and cheering at the bottom of the town all the time. I proceeded for Dr. Crowley.

  By the Superintendent--There were 20 shots fired--in fact there could have been more.


  Capt. Hunt--When you arrived in the town were shots fired by the opposing crowd?--Yes.

  Did you hear an order given to cease fire?--Yes.
  What position were you in then?--Right across the street, lying down.


  How long had the order to cease fire been given before Corporal Hogan was hit?--About five minutes.

  In that time did any of the military party fire?--No.

  By Mr. Loftus--We were advancing down the town when fire was opened on us, and we had to lie down on the street outside Kneafsey's.

  Mr. Hoban--Would it be possible for any of the shots fired by your party to have hit Corporal Hogan?--Absolutely impossible.

  You were extended across the street?--Yes.

  In reply to Mr. O'Boyle, he said that possibly the firing came from an archway near by.

  Mr. O'Boyle said there was no archway there, and the witness said there was one further down.

  This closed the evidence, and Captain Hunt addressed the jury. He said as the hour was late he didn't intend to keep them long, and he would ask them to carefully consider a few points he would put before them. Lieut. Guy and a party of troops left Killala for Ballycastle on getting information that a party of armed men were in the latter town. The troops were advancing up the town when they saw a party of civilians marching in military formation and words of command were being shouted. The civilians were called to halt and didn't. In pursuance of duty, Lieut. Guy fired in the air, and ordered some of his party to fire in the air. In all the military fired seven shots in the air. At that time the military party extended across the road. Dr. Crowley's evidence had no bearing on the case at all, as he was in another part of the town at the time. Of course evidence of that kind was irrelevant, and the only part of his evidence  relevant was that he was called in to see the deceased after he was wounded. His examination of the deceased seemed to be very superficial. He did not think his evidence could give much assistance to the jury. The jury had it that the military party marched up the town and saw a party of civilians marching in military formation; the military fired seven shots in the air, and the order to cease fire was then given. A few minutes after shots came from the civilian crowd. At that time the deceased was turned to Lieut. Guy; his left side was towards the hostile crowd, and while in that position he was hit with the bullet in the back of the left side--the shots came in that direction from the archway. The medical evidence was that he died from a gunshot wound, the entrance being at the back of the left side and he exit in the abdomen. there could be no doubt that the wound was inflicted by a bullet fired from the crowed, and in the circumstances he would ask the jury to return a verdict of murder against some person in the crowd.

  Coroner--In the circumstances I do not think it is necessary to make any further remarks, and an intelligent jury like you should have no difficulty in arriving at a decision.

  Foreman--Did the deceased make any statement when he came to the infirmary?

  Coroner--We were told he was conscious and that he made no statement.

  Mr. Loftus asked was Corporal Hogan standing when he was wounded.

  Lieut. Guy--He was standing beside me when he was hit.

  Mr. Loftus--We were told by another witness that he was lying down.

VERDICT OF MURDER

  The jury, after ten minutes' deliberation, found the following verdict:--

  "According to the evidence produced before us, find that Corporal Hogan, of the National Army, was murdered at Ballycastle on the night of the 31st of August by a gunshot wound inflicted by some person or persons unknown".

  Mr. O'Boyle dissented from the decision and refused to sign his name to the requisition sheet.
  The jury also tendered sympathy to the deceased's widow.

  Mr. Loftus suggested that they recommend her to the military authorities for generous treatment.

  Mr. Hoban said there was no necessity as he was wounded while on duty, and in that case the authorities would look after his dependents.

  This concluded the proceedings.

  

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