Crossmolina Man's Tragic Shooting in Ballina

CROSSMOLINA MAN’S TRAGIC ACCIDENT

IN BALLINA

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MAN SHOT DEAD BY MILITARY PATROL

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(Ballina Herald, January 4, 1923)

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O

N Thursday night, at. about 9.50, a man named Patrick Mahon, a native of Pulladohey, Crossmolina, was shot dead by a military patrol. It appears that a re­port of some disturbance in the streets having reached the military, a patrol of three men, in charge of Sergeant-Major Keaney, was sent to investigate the affair. When the patrol reached Erskine's corner three men who were on the road in Bridge Street shouted "Up the Bolshies!" "Up  Kilroy!" The patrol kept them under observation and when other persons began to congregate in the vicinity a shot was fired by one of the patrol. Those on the road immediately began to disperse, and Mahon ran up the laneway which divides Messrs. McGuinness’s shop and Mr. Pat O'Hora's licensed premises.

   The military followed him up the laneway, but he refused to answer some questions which he was asked. He was then placed under arrest, but resisted being brought to the barrack. In the course of the struggle which ensued Vol­unteer Freyne pushed Mahon with the muzzle of his rifle in the back. As he did so a shot went off, and Mahon fell a lifeless corpse. The circumstances of his death are particularly sad. He was a very respectable young man, and in the ordinary course of events temperate and steady. He has two brothers in the Na­tional Army, for whom the greatest sym­pathy is felt, and much sympathy also goes out to his old and bereaved father. On Friday an inquest on the remains was held in the Boardroom by Dr. M'Guin­ness, Deputy Coroner for North Mayo.

The military were represented by Mr. P. J. Mulligan, who detailed the circum­stances under which the deceased met his death as set forth above.

  The following jury was sworn:—John Moylett (foreman). Daniel Hopkins, T. Boshell, John M'Nultv, Thomas Keaney, J. M'Gee, Augustine Doherty, J. Heffernan, V.S.; E. J. Nealon, P. Jordan. John Clarke, D. Lowry, Joseph Wilde, T. M'Hale.

  John Mahon, father of the deceased, gave evidence of identification, who he said was his son. He was about 31 years of age. He was unmarried. He did not see his son for the last two or three years. He was hired in Mr. Frazer's, of Mullafarry. Two of his sons were in the Na­tional Army, and he had one son at home.

  Mr. Frank Keane, M D., gave evidence that he examined the body of the deceased and found o punctured wound at the 'back of the right shoulder and a, corresponding exit wound in the chest. The wound, in his opinion, was caused by a bullet; Death was due to shock and hemorrhage.

Mr. Mulligan—Was the shot fired close to the deceased?—I could not say. All 1 can say is that the entrance wound was at the back and the exit wound in the chest, close to the neck.

  Sergt.-Major John Keaney gave evi­dence that from a report that reached No. 2 barrack he was sent down town at 10 o'clock. He was sent to Garden Street in company, with Volunteers Early, Freyne and M’Loughlin. When they reached Tyler's cross he saw three or four men standing in Bridge Street talking loud. More people were collecting close to them. When the patrol came on the scene witness stood watching the crowd, and one of them shouted: “Up the Bolshies!”, “Up Kilroy!" Witness then advanced a few paces and when some of the crowd saw them advancing they began to move away. Some of the people who had collected also began to move, and witness shouted "Halt!" One of the three men witness first observed went up O'Hora's laneway, and the others went down the street, and he lost view of them. After he called on the men to halt a shot was fired in the air by one of the party. Witness went up the laneway after the man, and found him knocking at a door on the left hand side.

  Mr. Mulligan—What door is that?—It is the door of the stores.

  Witness, continuing, stated that he asked the man what he was doing in here, but he made no reply. Witness then seized him by the left arm and said "Come with me." The man was holding on to the latch of the door with his right hand. Vol. Early then caught him by the right: arm. The deceased at the time was badly under the influence of drink.

  Mr. Mulligan—Where were you taking him to?—Up to the barrack.

  Was he coming freely or was he resist­ing?—He was resisting as we were taking him out of the laneway.

  Did Vol. Freyne then come to your as­sistance?—I did not see him, but when I had the man near the entrance to the lane I heard a shot, but I could not say whose rifle it came from. The prisoner then said he was wounded, and he collapsed in the laneway. We then carried him out to the street with the help of two other men, and Volunteer M’Loughlin went for the doctor. I did not know the man before this.

  Coroner—In which direction did the shot come from—was it from the street? — It seemed so, but I could not say. I did not see the flash.

  Coroner—The doctor's evidence is that he was shot from the back.

  Mr. M 'Hale—I heard three shots alto­gether.

  Coroner—When I heard the doctor's evidence it was not comprehensible to me as to where the person was standing who fired the shot, because the doctor's evidence is that he was shot in the back.

Witness, further questioned, said the man’s face was towards the entrance to the lanewav when he was shot.

  Vol. Luke Early corroborated the evidence given by Sergt.-Major Keaney. He heard the shout of “Up the Bolshies!" and "Up Kilroy!" and he saw the shot being fired in the air. He saw the man running up the laneway, and he also saw him standing at the door when Sergeant-Major Keaney took a hold of him. Wit­ness then caught hold of him by the right shoulder with his left hand. The man was resisting.

  What happened then?—We were taking him down the laneway, and Vol. Freyne seemed to be at his back. I could not say if Freyne and M'Loughlin were in front of him, but I believe Freyne was at the back of deceased. A shot rang out from the back, and the flash of it singed the index finger of my left hand. I don't know whose rifle the shot came from.     The de­ceased said he was wounded, and we afterwards carried him out on to the street. An officer whom I did not know, then came on the scene and placed the patrol under arrest The officer took charge of the dying man. I did not fire a shot that night.:

  Coroner—You say that Vol. Freyne was behind you in the laneway ?—Yes, I be­lieve so. 

  Foreman—Could there be anybody else be in the lanewav behind you except Vol. Freyne?—There could, for all 1 know.'

  Foreman—The laneway is a very dark one.

  Vol. Patrick M’Loughlin gave evidence in corroboration of the two previous wit­nesses. He was the third man of the patrol that went -up the laneway.

  What did you see?—I heard the Sergt.-Major asking the deceased questions, but he seemed to give no answer. They then arrested him, and were bringing him down the laneway when a shot went off. He was resisting arrest at the time. Vol. Freyne stepped in behind the prisoner, in front of me, and he gave a push of his rifle to the prisoner. It was then the shot went off.

  To Mr. Mulligan—Was it with the stock or the muzzle of the rifle he pushed him?—I could not say, but after the shot went off the prisoner said he was wounded, and he collapsed. We then helped him out on to the street. Witness added that he went for Dr. Keane and a civilian went for a priest. When he was going for tine doctor a civilian said that a doctor was on the scene, and he did not go for Dr. Keane then. An officer came along afterwards and handed the patrol over to   Captain M'Canning. Witness did not fire a shot that night.

  Vice-Brigadier Compton deposed—I was leaving the Moy Hotel when I heard the shots, and I immediately went to investigate as to the reason of the shooting. I found that a man had been shot, and I placed the patrol under arrest. I exam­ined the rifles, and by smelling the bar­rels I found that a shot had been fired out of one of them, but I cannot say whose rifle it was, as I did not know the men. Dr. Keane was with me at the time.

  Foreman—Was it the same rifle that fired all the shots?

  Coroner—Well, Freyne is to make a statement, and it might clear that matter up.

  Sergt.-Major Keaney, recalled, said he could not say which of the patrol fired the first shot. He only heard two shots alto­gether.

  Mr. Wilde—The brigadier said that he found that shots were discharged by only one rifle.

A brother of the deceased deposed that his brother was a sober man. "Then," he added, "to go calling a man names after he was wounded!”

  Coroner—Did you hear them?—No, but the captain said it.

  John Ormsby gave evidence, in reply to the Coroner, that he was along with the deceased at the time he was shot. The first shot that was fired hit the wall one side of witness's head. A second shot was then fired, and he heard a moan.

  Did you see the deceased with a hold of the latch of the door?—No, but we were going in for a drink at the time.

  The Coroner said he did not think that the witness's evidence had any bearing on the case, and he would not reduce it to writing.

  Thomas Moyles, in reply to the Coroner, said three shots were fired. He saw deceased running into the lane, but he did not catch hold of the latch. He saw the military catching hold of the deceased, but deceased did not resist. While they had a hold of him a shot went off.

  To Mr. Mulligan—The lane is a bright one; there is no archway over it.

  To the Coroner—I won't say he did not resist arrest.

  Coroner—You don’t throw any further light on the matter.    

  Vol. Freyne was called, and the Coroner warned him that any statement he made might be used in evidence afterwards against him. Freyne said he wished to make a statement to show the public that the deceased met his death accidentally. On the night in question, he continued, a man came to Sergt.-Major Keanev and told him “that some of our men were forcing drink from a publican in Garden Street”----- 

  The Coroner said the witness should confine himself to what occurred in the lane.

  The witness then said that when he went into the laneway deceased was resisting arrest. He put the muzzle of his rifle to deceased's back to get him out of the laneway and a shot went off. "I don't know whether it was out of my rifle or not," he said. The shot was not fired by him, but he forgot to put the safety catch of his rifle forward after he first fired in the air, or to put his finger into the breach to prevent the cartridge from coming out of the magazine. He had only one drink on the day of the occurrence. The shot, he added, could have come from his rifle, but it was not fired by him.

  Mr. Mulligan then addressed the jury, and said the statement made by Freyne showed clearly how the unfortunate affair happened. He simply pushed the deceased with the muzzle of his rifle when he saw he was unwilling to go with the patrol. and the shot which killed the man was accidentally discharged. The occurrence was extremely regrettable, especially having regard to the fact that the deceased had two brothers serving in the National Army. He suggested to the jury that the only verdict they could bring in was that the shot which killed Mahon was accidentally discharged. There was no malice or any words used that justified the jury in bringing in any other verdict. He hoped it would be the last occasion on which they would have to investigate an affair like this.

The Coroner, addressing the jury, said as far as the evidence was concerned their first duty was to found their verdict on the evidence of Dr. Keane — that the deceased died from shock and hemorrhage caused by a bullet wound in the chest. The next question was as to the person who inflicted the wound. He did not think they would meet with any difficulty as regards that. Undoubtedly the shot was fired from Freyne's rifle, but there was no evidence to show that it was discharged in any way except a purely accidental manner. Of course, there was such a thing as carelessness, and that was a feature of the affair that the jury would have to take into consideration. He (Coroner) had known the deceased and his family for the last eighteen years, and he knew them to be all hardworking boys. The deceased and his brothers were all very honest and respectable boys and well connected with the district from which they came. It was a matter of deep regret to him to have to hold an inquiry into the death of any one of them.

  The jury then retired, and returned inside of ten minutes and brought in a verdict, in accordance with the medical testimony, and that the shot was accidentally discharged from Vol. Freyne's rifle. They added a rider that they were of opinion that more care and control could be exercised by the military in the discharge of their duties. They tendered to the relatives of the deceased their deep sympathy, and recommended the military authorities to take charge of the funeral expenses.

  Foreman—I hope it will be a long time again before we are summoned to an enquiry of this kind, and that the military authorities will take care of the funeral arrangements.

  Comdt. Noonan—That has already been done.

  The Coroner complimented the jury on the verdict they had returned, and said that he agreed that more care should be exercised by the military of their duties. This was the second occasion on which he was summoned to investigate a death by rifle shooting. He did not know if the element of carelessness entered into the first case, but in this case it was a very reprehensible thing for Freyne to push a man forward with the muzzle of his rifle and send him before his God at the commencement of his career.

  Mr. Mulligan — The military were shocked to hear that the unfortunate man met his death through being pushed by a rifle, and the General in charge of the town at present was only awaiting for the verdict of the jury to take stern disciplinary measures. He looked upon it as a shocking affair that any civilian should be even slightly injured through any action of the military. Mr. Mulligan added the relatives of the deceased would not have to pay any part of the expenses of the funeral which would be taken charge of by the military.

Sinn Fein Poster 1922

Mach Bhfuil Tu Ag Teacht?

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A Grand Dance

WILL BE HELD AT

BRIGADE HEADQUARTERS,

BALLINA,

On Wednesday Night, 18th Jan.,

1922.

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EXCELLENT CATERING

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HIBERNIAN ORCHESTRA

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TICKETS—GENT’S 10s.; LADIES 5s. Double 15s.

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DANCING 10.30

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Go Mbairfide Ar Bpublacht Go h-Eag.

Sinn Fein Poster 1924

A RAFFLE

AND DANCE

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IN AID OF THE

IRISH REPUBLICAN PRISONERS’

DEPENDENTS’ FUND

WILL TAKE PLACE IN

THE SINN FEIN HALL,

BALLINA

—ON—

SATURDAY, 17th MAY, 1924

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Prize: Sheep and Lamb

VALUE £5.

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 Tickets . . . . . . 1/- each.

                     The Ballina Herald, 15th May, 1924

Lieut. Patrick Mullen: A Fatal Wound

A FATAL WOUND

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Ballina Herald, August 28, 1921)

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  At the Mater Hospital, Dr. Louis Byrne, City Coroner, investigated the circumstances connected with the death of Lieut. Patrick Mullen (23), Carralabin, Bonniconlon, Ballina, Co. Mayo.

  Mary Mullen, sister of the deceased gave evidence of identification. She said he was a labourer and was unmarried, but could not sway how he came by his injuries.

  Mr. W. B. Black, who was instructed by Mr. Sean O h-Uadhaigh on behalf of the next of kin, in the court of examination, elicited the fact that the deceased left home about five weeks ago on some military business. The witness said she believed her brother was a soldier in the I.R.A.

  “How long had he been a soldier in the I.R.A.?” asked Mr. Black.

  “Since 1916,” replied the witness.

  Dr. Lysaght, house surgeon at the Mater Hospital, said there was an oval-shaped wound in the left buttock which did not seem to be of recent origin and was septic. Mullen mentioned that he had been wounded four weeks before. Death was due to septicaemia following the bullet wound and subsequent exhaustion.

  In reply to Mr. Black, the house surgeon mentioned that in his opinion the delay in bringing the man to hospital contributed to his death.

  Mr. Black said it was quite plain that the deceased had been engaged in military action, and that he was wounded in the course of that, and his death, therefore, was unavoidable.

  The jury found in accordance with medical evidence. They added they had no evidence to show how deceased came by his injuries, and made a recommendation to the military authorities to remove the body to Ballina.

 This Patrick Mullen was Lieut. Pat Mullen, of the Free State Army. He is interred in the old cemetery in Kilgarvan. Fr. Eddie O’Hara was the chief celebrant of the Mass and burial. (See memorial in Kilgarvin Cemetery) P. J. Clarke.

P. J. Clarke's Other Blogs

SEE ALSO THESE BLOGS:

Ballina Stories From The Past
Ballina and Its Troubled Times, 1920-1923
Ballina Photographs
Mayo People Who Died in Blitz in England
Ballina-20th Century Poetry and Stories

Ballina Court Cases 1920

BALLINA COURT CASES

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RAILWAY STATION INCIDENT

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  In early March, 1920, a Sinn Fein meeting was held in Crossmolina and an address was delivered by Mr. John Clarke, Ballina, who was described as speaking as a soldier of the Irish Republic. He was followed by Mr. John Moylett, also of King Street, Ballina, and both left no doubt, as to their opinion of British rule.

  There was a sequel to this meeting when a case was heard at Ballina Petty Sessions later on that month in which four men – Patrick Gallagher (assistant in Mr. Beirne’s establishment); John Clarke (barber in the employment of Mr. E. P. McLoughlin, Arran Street); William Lydon (assistant in Mr. Shanley’s premises, Knox Street; and Francis Jordan, King Street—were charged by D. I. Sheehy who applied to have them bound to the peace for alleged disorderly behaviour at Ballina railway station  on March 12th, when Thomas Ruane, Volunteer captain, was being removed on remand to Sligo jail.

  Reported the “Ballina Herald”: “When the case was called none of the defendants answered to their names and the Chairman ordered the names to be called outside the court. This was done but there was no response. After some preliminary enquiries to establish service of the summonses, the case went on and Head Constable Dwyer told of the removal of the prisoner and how thirty boys rushed on to the platform.

  “Mr. Sheehy—Who was their leader?

  “Witness—John Clarke appeared to be the most prominent. The crowd was excited and cheering and rushed across to the railway carriage where the prisoner was. I was immediately outside the carriage door and in the first rush I got what I believed to be, a kick on the back of the leg. John Clarke got on the step of the carriage where the prisoner was and called for cheers for the Irish Republic and made another remark which I don’t recollect. I saw the other defendants and I heard Jordan shout “To hell with the King.”

  “Mr. Sheehy—What was Clarke’s demeanour?

  “Witness—Both aggressive and disorderly. Outside the station I saw Gallagher and Clarke form up the party in military formation and number them off and Gallagher gave the command “Form Fours,” and then turned them in the direction of the town and they marched away.

 To cut short the one-sided proceedings, warrants were issued for the defendants and they were taken into custody from the places of employment. A big force of police took them to the station where a company of Volunteers had formed up singing songs while waiting for the train. The prisoners were cheered, applauded and overwhelmed with signs of public favour as they set off to face their four months in Sligo jail.

  It wasn’t long after this—on Good Friday morning—that Patrick J. Hegarty, a postman of Carrowkeel, Lahardane, was hauled from his bed by police and charged with unlawful assembly at Ardagh and Ballina on March 17th, the day of the Sinn Fein demonstration at Ballina. He was brought to Ballina and was charged before Resident Magistrate Bull and the story of his “misdeeds” were recounted., which were that he drilled a company of young men near Ardagh Chapel on March 17th and led half of them into Ballina with a man called Clarke leading the other half. Hegarty said he did not recognise the Court and he was then lodged in Castlebar Bridewell to the next Petty Sessions in Ballina where he was sentenced to two months’ imprisonment. When the crowd heard the sentence there were some cheers and after a short time the prisoner was removed to the railway station surrounded by police, some with rifles and the Volunteers marched behind two Republican flags. Patrick led his supporters in songs and choruses while waving his flag from the carriage window and before the train departed he addressed the people and advised them to keep their composure and to do nothing to being discredit on the organisation—everyone then dispersed quickly.

A VOLUNTEER DISAPPEARS

  At the end of May police arrested Martin Lacken, The Quay, Ballina, and charged him with unlawful assembly at Gurteens, on the Crossmolina road, on the 19th May and at Ballina on the morning of May 21st on the occasion of the return of two Ballina Volunteer prisoners, Patrick Gallagher and Frank Jordan. Asked he wanted the services of a solicitor he answered Resident Magistrate Bull by saying: “I don’t recognise this place at all.”

  The evidence against the accused given by Constable King was to the effect that he had, wearing the uniform of an Irish Volunteer officer, assembled a party of 30 Ballina Sinn Feiners at Gurteens and drilled them. The later combined with another force from Ballina and carried some skirmishing drill at Rathduff. From the evidence given by the Constable he must have been breathing down their necks throughout the day. The second charge related to May 21st when the defendant assembled a detachment of 100 persons near the Sinn Fein hall in King Street and marched them to the station and escorted the two men, Gallagher and Jordan, from the station back to Ballina., and “passing by the barracks they booed and drummed vigorously” and went on to say that the whole crowd was addressed by John Moylett and a man named Sean Kelly.

  Lacken was released on bail and when the case was called at the next Petty Sessions in Ballina Lacken was not to found, and Messrs. John Moylett and W. J. Tolan, who had gone surety for Lacken’s appearance were dealt with instead. Mr. Tolan turned up in court but Mr. Moylett was absent and the magistrate (Mr. Flanagan) said: ”There is an application to have the recognisances estreated in the full amount (£10). Mr. Tolan’s estreatment was reduced to £5 (because he appeared) while the Moylett one was dealt with in full and Mr. Tolan remarked: “Thank you very much gentlemen.”

  Reported the “Herald”: Chairman (R. G. Bull)—You should know better in future, Mr. Tolan, than to go bail for a person who doesn’t attend on his recognisance.

 “Mr.Tolan—To be very candid, I may tell you I am not sorry for what I have done.

  “Chairman—I may say the same observation applies to me. I am not sorry either.”

  And on that note the polite exchange ended.

THE COURT SEQUEL TO THE GREAT WAR MEETING

 Along came the court sequel in due course to the interruptions of this meeting. A number of young men were taken into custody, according to the “Herald” of 31st October, and charged with unlawful assembly on the night of the recruiting meeting held by Judge Doyle and others.

  The following were arrested: Patrick Ruane, painter, Castle Road; Patrick Duggan, shop assistant; Anthony Carden, shop assistant; Michael Keeneghan, shop assistant; Joseph Courell, shop assistant; John E. Kilker, motor mechanic; Dennis Sheeran, shop assistant; James Forde, carpenter; -- Moyles, shop assistant; John Broderick, baker; Stephen Hannon, labourer.

  Evidence was given by Sergeant O’Reilly who swore that he saw the defendants in the gallery engaged in “riotous and tumultuous assembly.” They also engaged in the singing of “Wrap The Green Flag Around me Boys.”

  At this stage Forde interjected: “And we’ll sing it again.”

 Sergeant O’Reilly—Shouts of “Up de Valera”—

  Forde—And again.

  The defendant had a high time crossexamining the police. One such passage was when D. J. Sheehy was eliciting the facts from a witness went:--

  Mr. Sheehy—Did you see Joseph Ruane?

  Ruane—I am not Joseph Ruane.

  Deponent—Patrick Ruane is the name. He was a constant interrupter. I spoke to him and I asked to remain quiet. He did not do so.

  Ruane—Joseph Ruane, is it?

  Deponent—You. He proceeded with “He engaged in singing and shouting”—

  Ruane—Some fellow named Joseph Ruane is charged—I am not Joseph Ruane.

  Mr. Sheehy—You are the man charged.

  Ruane—It was Joseph Ruane that you charged.

  Sergt. O’Reilly—He is known locally as “Doe” not Joseph  and the man whose name I now understand is Patrick and is the man in court.

  Ruane—That’s three names I have got—Patrick, Joseph and “Doe.”

  Later in cross-examination by the defendant Broderick the following passage occurred:

  Broderick—What charge do you bring against me?—Illegal assembly.

  Where was I—Beside Joseph Ruane.

  Ruane (amidst laughter)—Who is Joe Ruane?

  At any rate the first day’s hearing dragged on many the defendants were remanded overnight in the Bridewell for the next day’s court at which they were represented with the exception of Forde, by Mr. H. C. Bourke. Forde stated he did not recognise the court.

THE SERGEANT’S MOUSTACHE

  There was another sequel after the case when an applicant was made to bind Joseph Ruane, Castle Road, to the peace. The applicant was made by D.I. Sheehy who said that on the previous evening (28th October), while the prisoners were being removed to the Bridewell in the presence of a large number of people congregated outside the railings, Joseph Ruane said he would cut the moustache off Sergeant O’Reilly.

  This was denied by the defendant but the charge was pressed by the D.I. who is reported as saying: “I ask your worship to put under substantial bail for the police must be protected. The class with which this boy associated with are becoming very aggressive towards the police but I can tell him and them that the peace of the town will be preserved notwithstanding their behaviour.” Ruane entered bail.

SEQUEL TO W.A.A.C. MEETING

  The “Herald” of November 7th put it; “Another chapter was added to the story of the recent scenes in Ballina when on yesterday morning the local police, augmented by forces from outside stations, arrested a further party of seven young men in connection with the scenes following the W.A.A.C. meeting in the Town Hall on Monday, 21st October. The prisoners were charged with unlawful assembly.

  The following were charged: Michael J. Patten, Harry Waters, John Clarke, Patrick Burke (J. J. Murphy’s establishment), Frank Jordan, Michael Clarke and Thomas Greene.

  Evidence was given by D.I. Sheehy of what took place on the streets after the meeting and he told of stones being hurled at the police from all directions. He ordered a baton charge up King Street and cleared it and then went into the Sinn Fein hall and also cleared that. While a party of police were in the Sinn Fein hall a missile was thrown through one of the windows from the opposite side of the street and stones continued to pour on the police from all sides and stone throwing groups had collected at different street and lane corners and a tumultuous din of booing and groaning was indulged in by the mob.

  A violent stone-throwing mob had collected in Bridge Street and while charging that mob a large stone whizzed past his head and broke Patrick McAvock’s window. The stone came from the house directly opposite. McAvock had lodged a claim for £10 for damage to his window. The police broke up the mob, forced most of them across the bridge and up Ardnaree hill where they continued stoning and booing the police at a distance. The stone throwing continued practically without cessation from 10.30 until midnight and during that time he was obliged to carry out series of baton charges to restore order.

  Next morning he found the streets converging on Tyler’s Cross littered with large stones which appeared to have been specially picked for the occasion. From information received he had reason to believe that the defendants were members of the riotous and unlawful assembly that made an un provoked attack on the police.

  Mr. P. J. Ruttledge appeared for the prisoners and were allowed out on bail until the following Tuesday’s court. The bail was put up by Mr. E. P. McLoughlin and Mr. Michael Moylett.

  In the interval the “War to End All Wars” ended.

  The writer of these series of articles in the “Western People” ended 1918 by reporting “that a large gap for the next two weeks exists in the “Herald” files and his narrative must be broken. Files of the period of the “Western People” were destroyed subsequently” and he appealed to the public that if they had any local records of the time they might care to fill in the missing links in his recreation of 1919.

  This narrative then dealt extensively with 1920 and it must be reported that extensive files of both papers are missing from the records, but there is quite an amount of stories reported on for the reader to get a great glimpse of what took place in those troubled times.

Ballina Malicious Injury Claims

The Ballina Claims

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JUDGE DOYLE ANNOUNCES AWARDS

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  On Thursday, 6^th December, 1923, the “Ballina Herald” reported that County Court Judge Doyle, sat in the Courthouse, Ballina, and announced his awards in the various claims heard by him during the Special Sessions for the hearing of claims for malicious injuries.

  At the outset he remarked he would be glad if the solicitors would correct him if in announcing his decisions he inadvertently made mistakes, such as announcing £1,000 where he only meant £100, or vice versa.

  Such is the big list of small claims that it was decided to only print the names and addresses of those claimants and not the amount received, which was, in some cases, half of which was claimed.

   Thomas Archer, Ballina; Anglo-American Company, Ballina; James Ahearn, Knox Street, Ballina; Wm. M. Boland, King Street, Ballina; Isaac Beckett, Mill Street, Ballina; Michael Browne, Ballina; Richard Barrett, Crossmolina; Mary Burke, Killala; Maria Browne, Ballycastle; Backs Co-Operative Society; William Burke, Ballintubber; Mary Bourke, Ballina; James Boland, Ballina; Maria Browne, Ballycastle (second claim); Francis Barbour, Oatlands; Michael Clarke, Kilbride; Thomas Canavan, M. J. Carson; Rufus Carson; Denis Calvin, Rosalie Cafferty, Bridge Street, Ballina; J. Coolican, Ballina; Margaret Cosgrove, John Street, Ballina; James Curley, Ballina; Jeremiah Cowley, Arran Street, Ballina; Bridget Corcoran, Ballina; J. J. Corcoran, Ballycastle; Patrick Clarke, Arran Place, Ballina; Cecilia Corcoran, Crossmolina; Patrick Cadden; Gen. Geo. S. Clive (see other report); Captain Downing; James Durcan; Thomas Dooher; Michael Davis, Ballina; Patrick English, Ballina; Andrew Faulkner; Godfrey Fetherstonhaugh (a number of claims); Wm. H. Rossiter; Michael Finnerty; Bernard Frain, Ballina; Thomas Farrell, Ballina; Michael Flannelly, Attymass; John Gillespie; Peter Gallagher, Lakefield; John Gaughan, Ballina; W. D. Saunders Knox-Gore; John Garvey, King Street, Ballina; Martin Gough, Crossmolina; Patrick Gallagher, Knockmore; George Gahan, Skreen (£2,920 for Ballina R.I.C. Barracks); M. J. Healy, Ballycastle; F. Hickson, Crossmolina; Margaret Hogan, Crossmolina; Dan Hopkins, Ballina; J. T. Irwin, Ballina; George L. Joynt, Ballina; Mary Jones, Ballina; D. Judge, Crossmolina; Agnes Judge, Ballycastle; D. Jenkins, Ardnaree; Michael Judge; James Jolly, Claggan; Douglas Knox (two decrees); Thomas Kelly, Stonehall; Thomas Kilbride; M. Kerrigan; Ernest M. Knox; Thomas Kelly, Ballycastle; Anthony Kelly; Thomas King, Knockmore; M. Kilgallon (large decree); John F. Little; P. Lawrence; Francis Lynn; Thomas Loftus, Ballina; John Lowther, Garden Street, Ballina; A. Lynn; D. Lowry, Knox Street, Ballina; K. Loftus; Michael Lawrence; M. Timlin, Ballina; Lipton’s, Ballina; James McHale; Mrs. E. Murtagh, Moy Hotel, Ballina; Charles McNamara, Ballina; John McLoughlin, Bonniconlon; Patrick McGonigle; J. McGloin; John McDonagh, Ballina; Joseph Murphy, Ballina; James Murphy, Ballina; Munster and Leinster Bank, Ballina; James Murphy; M. McNulty, Ballina; Knockalegane Co-Op Society; Moyletts, Ballina; John McDonnel; M. McHale, Garracloon; John Moran; John Munnelly; Patrick Munnelly; J. A. Connolly, I.N.F., Ballina; Ballina A.O.H.; D. Munnelly, Ballyglass; John Molloy, Ardnaree; John Mullaney; James Murphy, Ballina; Mrs. Newsam, Heathfield, Ballycastle; Catherine Neilan; P. J. Reilly; Mrs. O’Malley Ormsby, Rathmoy, Ballina; Thomas O’Connell, Knox Street, Ballina; Francis O’Boyle; P. J. J. O’Reilly, Killala; Michael O’Neill, Killala; Provincial Bank, Ballina; (£1,717 amount lost, but recovered by insurance); P. Petrie; W. J. Quigley; John Rowland; J. Redmond, Ballina; H. Ruddy and Co., Ballina; J. N. Russell and Sons; T. J. Reid, Gas Co., Ballina; D. Stephens, Arran Street, Ballina; James Strong, Arran Street, Ballina; Fras. Trimble, Killala; Ulster Bank, Ballina; M. J. Woods, Ballina (two claims); P. Walkin; J. White, Ballina; Francis Walsh, Bridge Street, Ballina; D. Judge; M. Jordan; T. Howard; Edward Dowd; P. Forrestal; Michael Neilan; Thomas Kelly, Stonehall; Michael Davis, Ballina; P. J. Gaughan; John McGloin, Greyfort, Ballina; John McGloin, Currower, Ballina; Dominick Gallagher, for Bonniconlon Co.-Op Society; John Shanley, Knox Street, Ballina. Thomas A. Kilbride, Rathmoy, Ballina; Kate Loftus (widow), Ballina; The Moy Fishery Company, Ballina (£3,843 15s 1d); Mrs. Elizabeth Murtagh, Moy Hotel, Ballina; Joseph Murphy, Ballina (trading as The Ballina Coal Company); John Matthews, Ballinahaglish, Ballina; Martin McNulty, Knox Street, Ballina; Charles McNamara, Gore Street, Ballina; Patrick McGarrigle, Grange, Crossmolina; Thomas O’Connor, Castlegore, Ballina; Michael O’Hora, King Street, Ballina; Thomas J. Reid, Ballina; Hugh Ruddy & Co., Ballina; Representative Church Body of Ireland; James Strong, Arran St., Ballina; Francis R. Trimble, Killala; White’s Automobile Co., Ballina; John White, King Street, Ballina; Alice Ward, Gore Street, Ballina; Francis Walsh, Bridge Street, Ballina; Patrick Walkin, Ballyhandrick, Ballina; Owen Callan, King Street, Ballina; J. Boland, Bridge Street, Ballina; Peter Hanley, King Street, Ballina; Theobald Hanley, Knox Street, Ballina; John Shanley (trading as Shanley Bros., Westport and Ballina) (two dozen hats destroyed).

   Space does not permit the very long lists of claims that were submitted from the North Mayo area, but to put a finish to these lists there were a couple of big claims from the Belmullet area, including those of Rufus and William Carson (£20,000, for damage to lands and property); The Blacksod Whaling Co. Ltd., Belmullet (£5,700), and Denis George B. Bingham, Bingham Castle, Belmullet (£5,700). Amongst the most popular items that were claimed for, included; motor cars, motor cycles, bicycles, shop goods, shop goods; fences knocked, lands and cattle, and from the premises of Gerald Fitzgerald, Bangor Erris—23 pairs of boots requisitioned by an organization engaged in armed resistance to the government!

Ballina Malicious Injury Clamins

Malicious Injury Claims

from The Night of Terror

--------------------------------------------------------------------------

(From the Files of The Ballina Herald, October 20, 1921;

The Ballina Herald, November 22, 1923, and The Western People, November 24, 1923)

Research by P. J. Clarke, Ballina

A

T the Ballina Quarter Sessions on Wednesday week, before his Honor County Court Judge Doyle, K.C., a number of malicious injury claims arising out of incidents by the Auxiliaries in Ballina on the night of 16^th April, 1921 were heard. As there was a very long list of claims from Ballina and its hinterland space prevents publication of some of the evidence from them.

  Mr. McCarthy, B.L. (instructed by Mr. Mulligan), appeared for the applicants in all cases.

  In the claim of Theobald Hanley, Knox Street, applicant gave evidence that on the night of 16^th April, about 11.30 p.m., he heard windows being broken in the street, shooting, and bomb throwing. On the following morning he found his plate glass window broken, also the fanlight. The shutters were smashed and about £60 worth of boots taken.

  John Leonard gave evidence as to the amount of damage. Awarded £120.

  In the case of John Boland, Bridge Street, applicant gave3 evidence that on the same night his plate glass window and fanlight were smashed by rifle fire. A quantity of drink and other things on the window were destroyed or damaged. He was awarded £230.

  In the case of Patrick McAvock, applicant gave evidence that two of his windows were smashed on same night.

  In the case of Dominick Molloy, applicant gave evidence that his plate glass windows were broken on the same night, also the fanlight. A good deal of stock in the windows was destroyed. Awarded £120.

  In the claim of Mrs. Cafferty, Mr. Flynn, her manager, gave evidence that on the same occasion three plate glass windows were broken, one suit of clothes was destroyed. The windows were afte3rwards boarded up for four months, and this was a serious thing in the drapery trade.Award first claim, £135; second claim, £20.

  In the case of Michael Moylett, applicant gave evidence that the plate glass windows of his premises were broken. The shop was wrecked, and he found bomb splinters in the place and also a live bomb, which he handed to Head Constable Wray. He gave particulars of the damage done to the shop and stock. The windows in the Arran Street House were also broken. He was awarded £930.

  In the claim of Owen Callan, King Street, applicant gave evidence that on the same night his two plate glass windws were smashed. He lost about £300 in trade owing to the damage. Awarded £70.

  In the claim by Edward P. McLoughlin, applicant gave evidence that on the night in question his plate glass window was smashed. A lot of pipes, tobacco, and novels were taken on the same occasion.

  In the case of James Murphy, applicant gave evidence that two of his plate glass windows were broken on the same night. He was awarded £65.

  In the claim of Martin Corcoran, applicant gave evidence that his two plate glass windows were broken on the same night. He was awarded £120.

  In the claim of John Shanley, Knox Street, Mr. N. Keane, manager, gave evidence that on the same occasion two plate glass windows were smashed. Two ladies’ hats on the windows were destroyed.

  In the case of John Tyler & Son, Mr. Wilde, manager, gave evidence of the value of the glass put in to replace that broken. Awarded £32.

  In the case of Michael Beirne, Mr. Joseph Beirne gave evidence that on the same night the plate glass window of the King Street premises was smashed, also the fanlight. The lock of the door was broken and the hall door. A quantity of goods was damaged. The windows of the Bridge Street premises were also smashed.

  Mr. Michael Beirne gave evidence as evidence as to the consequential damage.

  In the claim of Patrick Beirne, applicant gave evidence as to the Auxiliaries coming to his house and smashing it up. They broke the windows and went out on the roof of the bakehouse and smashed portions of it. They also smashed the windows at the back. His overcoat, a Perry violin and case, and a number of other things were taken.

  Michael Beirne awarded £295; Patrick Beirne, £110 and £220. 

  In the case of Peter Hanley, applicant gave evidence and deposed that two of his plate glass windows were broken on the same occasion. Some of the stock was also damaged and taken away. He was awarded £260.

OLD AGE PENSIONER’S CLAIM

   Peter Hoey, Garden Street, Ballina, an old age pensioner, claims £200 for being maimed or maliciously injured in his person at Garden Street, Ballina on the night or the 7^th or the morning of the 8^th April, 1921, said maiming arising out of unlawful association or assembly. Same applicant claims £16 8s. 6d. for furniture, pictures, overcoat, etc., and household effects, injured, damaged and destroyed by some person or persons unknown on the occasion on which he was maimed.

  In the Ballina  Herald of October 20, 1921, Peter Hoey, snr., in his claim for compensation, in reply to Mr. Mulligan, that on the7th/ 8^th April when he was going to bed there came a knock to the door and it was burst in by soldiers. One of them pushed witness about and asked him for money and cigarettes. They struck him on the head and caught him by the throat and knock him down. They then went upstairs and beat his son. They took away an overcoat, a razor, a new hat, and they broke a lot of pictures and a weighing scales. He reported the matter to the police. His eyes and ribs were badly injured and the muscles of his back were injured. He was afterwards three weeks in bed.

  Dr. Rowland gave evidence that he examined applicant that day. He found him suffering from lumbago, which could be caused by the beating. He found him suffering from cataract of one eye. A beating would aggravate this. The applicant was not able to work.

  Head-Constable Wray gave evidence that on the morning after Hoey was beaten a complaint was made to him. The old man seemed to have got a bad beating. His eyes were blackened. Peter jnr., also seemed to have got a bad beating.

  Recalled, claimant said the soldiers battered and kicked him and put their knees on his chest after knocking him down and asked him to give them money, watches, or anything of view.

  In the claim by Peter Hoey, junior, applicant gave evidence, in reply to Mr. Mulligan, of the soldiers breaking in the door. He was upstairs at the time, and after the door was broken in he heard his father roaring. They then came up and one of them hit him for about 20 minutes. They then asked him to give them money or a watch. There were about five soldiers in it. They also broke his teeth. He found a mist on his eyes since, and he was only badly able to work. He was still suffering from the effects of the beating.

  Dr. Rowland gave evidence that he examined the applicant that morning. He was very nervous and three of his teeth were missing.

  Peter Hoey, snr., was awarded £200; Peter Hoey, jnr., £125.

WORKHOUSE PORTER’S CLAIM

  William Reape, workhouse porter, Ballina, applied for £500 compensation for personal injuries received on 4^th January, 1921. Awarded £90.

  Mr. McCarthy, B.L. (instructed by Mr. Mulligan), for applicant.

  Applicant deposed, said the Ballina Herald of the 20^th October, 1921, that on 4^th January he was in bed when a knock came to the door. He asked who was there, but got no reply. The window was then broken in, and some men came in and asked him about a man named Flood. The men wore policemen’s clothes. They beat him with the butt-ends of their revolvers about the chest and put revolvers to his temples, and generally ill-treated him. He was in hospital for three weeks.

  Medical evidence was given of the injuries applicant received. The man got a bad beating, the medical witness said.

  Witness received £90.

  The Inspector-General R.I.C. claimed £75 for damage to a Crossley tender on the occasion of an ambush at Bonniclonon. Awarded £75.

==========

  The Quarter Sessions for hearing of malicious injury claims was opened in Ballina on Thursday, 15^th November, 1923, by his Honor Judge Doyle, K.C. Most of these claims arose from the storming of Ballina by the Irregulars on 12^th September, 1921.

FIRST CLAIM

 A claim by Thomas Archer, Knox Street, for £22 6s. 5d.was first heard.

Messrs Garvey and Huggard for claim­ant; Mr. Kelly, State Solicitor, defended.

Mr. Wilson gave evidence that in May and June, 1922, goods to the value of £22 6s. 5d. were taken awav. The Irregulars were then in charge of the town. Sometimes they gave orders and sometimes they did not. It was a man nam­ed Healy (deceased) that took most of the goods. Witness was paid a sum of £8. 2s 5d. on a previous account in 1921.

Mr. Kelly—I put it to you that after that you were perfectly willing to supply them?

Witness—We didn't want to supply them at all; they came in and took the goods. We were not willing to deal with them.

Mr. Garvey—You were afraid to refuse them?

Witness—Yes.

Mr. Kelly submitted there was a re­gular course of trade, and that the claim didn’t come within the section.

Mr. Garvey said it was a clear case un­der both sections. The goods were com­mandeered, and the firm had no other al­ternative but to supply them.

Replying to his Honor, witness said that none of the Irregulars had any pri­vate dealings with the firm.

His Honor said his impression was that the case did come under the section.

LORRY LOADS OF PETROL

The American Oil Company claimed £373 for goods taken from their Ballina stores in September, 1922.

A witness for the plaintiffs said that the goods were stored in the Workhouse, where the Free State troops were. On the 12th September the Irregulars took the town, and they took 1602 gallons of petrol.

Cross-examined by Mr. Kelly, for the State, witness said he saw the petrol go­ing away on lorries. "I came to the conclusion it was the Irregulars took the petrol,'' said the witness. The petrol was in the custody of the Free State army, and they kept the key of the store.

John Kenny, another witness for the claimants, said the official price would be 15 per cent, less than the sum men­tioned in the claim.

By Mr. Kelly, witness replied that it would be an absolute impossibility for him to give the exact price of the petrol.

Mr. Kelly said it would have been easy for the company to send a man from the head office who could give exact figures as to cost price, etc.

Mr. Garvey—No witness from Eng­land would be able to give the cost price of an individual gallon of the material.

Mr, Kelly—The first witness could not say what number of tins were taken; he only saw some of the material going away on lorries.

     The witness was recalled, and, in reply to Mr. Kelly, said he saw different stuff on different lorries, but he did not see all the petrol claimed for being taken away.

  His Honor said the act was a wrong­ful one under the Act. In none of the cases would he announce the awards. He would report to the Minister of Finance, who would make the awards.

  The same company claimed £203 18s. 7d. for a further l,000 gallons of petrol taken on 1st November, 1922.

  Mr. Garvey said the petrol in this case was taken from a lorry, and the driver could not attend, and he asked that the hearing be adjourned. This was done.

   A third claim was for £341 6s. 8d. for petrol also taken, and was transfer­red, to Ballinrobe as the material was taken in that district.

   The company also claimed for 205 gals. of petrol taken on a subsequent occasion. The Irregulars were in command of the town at the time and were in the bar­racks.

Mr. Garvey said act was not that of a private thief. Petrol was most use­ful to the Irregulars at the time. When the matter was reported to the Irregul­ars at the time the O.C. said he had not time to investigate the matter, although they were supposed to restore law and order at the time. The assumption was that the stuff was taken by the Irregulars for their own purposes.

His Honor said there was extremely strong suspicion in the case, but he could not hold that it came within the section at all, and he refused the application.

A sum of £126 f11s. 2d. was also claim­ed for a further quantity of petrol taken A witness swore that men came to the store and they said they wanted petrol and would have to get it. “Bedad I gave it because I was afraid to refuse them," said witness. He further added that he received a sum of money from the Ir­regulars on one occasion for stuff.

Cross-examined, the witness said he knew some of the men. A man named Kilcullen met him one day and said, "We have some cash and we want to pay your account." He gave him a sum of £32 4d.

  The claim was allowed.

COMMANDEERED MOTOR

 Richard Barrett, Crossmolina, for whom Mr. Mulligan, solr., appeared, claimed £13 18a 2d. for a commandeered motor, petrol and other goods.

The claimant gave evidence as to the commandeering of his car and material claimed for.

Cross-examined by Mr. Kelly, the  claimant said he could not say if the car and petrol was taken for purpose of joy-riding.

Mr. Kelly submitted the claim was un­sustainable unless the claimant could prove the goods were commandeered for the purpose of operating against the Gov­ernment. They might have taken it for joy-riding. It was well known these men commandeered goods for this purpose.

His Honor—The claim for car hire must go.

Mr. Mulligan submitted the claim for hire was sustainable.

GOODS TAKEN AWAY

Messrs Coolican, Ballina, claimed €173 13s 6d for goods taken away.

Mr. Muldoon for claimants

Mr. Kelly, manager, gave evidence that between 25th March and 12th Sept., 1922, armed men came to the shop and demanded the goods, including boots, hardware, etc. The cost price was £156 6s. 6d.

Crossexamined, witness said the men said they wanted the goods for use in the barracks.

    His Honor said the evidence was all the one way, and he would report on the claim.

MOTOR CASES

Mr. Cowley, Ballina, claimed £91 for a commandeered motor oar and goods.

After hearing the evidence, his Honor said it would be a report case, but he would not specify the amount.

Mr. Patrick Clarke, for whom Mr. Mulligan, solr., appeared, claimed £25 11s. for a commandeered motor car.

The claimant said the car was the mail car, and it was taken from the driver on the road.

Answering his Honor, the claimant said the Post Office paid him his full contract price.

His Honor held there were only two or three items in the claim which would come within the section, and he would report on these.

GOODS COMMANDEERED

Mrs. Cafferty, Ballina, claimed com­pensation for goods commandeered.

Mr. Mulligan appeared for claimant, and evidence was given by an assistant, who stated that in March and May, '22, a sum of £33 6s. 4d. was paid the claim­ant by those who took goods, and the ac­count started again. From that time no payments were made.

The amount of the claim was £70 17s 9d, and Mr. Mulligan said the cost price of the goods taken would be £63 14s 9d.

Mr Kelly submitted the claimant supplied the Irregulars, and chanced getting paid, but when payment was not forthcoming the claim was lodged.

Mr. Mulligan said the case was not one of speculative trading; it was purely a case of commandeering. It was a very far-fetched argument of Mr. Kelly's that it was purely speculative trading. When the conflict broke out in Dublin no sane person would have supplied the Ir­regulars.

His Honor—There were no people in their sane senses then. In this case it was not competent for the claimant to refuse these “customers," because there was overwhelming pressure; therefore it brought the applicant within the section, and he would make a report thereon.

James  McHale, for whom Mr. Garvey, soli., appeared, claimed £15 for turf damaged.

Applicant said he had 20 carts of turf at Rathglass. If he had to buy the same quantity of turf it would cost him £10. He had a great deal of trouble in the district. The turf was thrown about everywhere and totally destroyed. The trouble arose over he getting a portion of the Stonehall estate.

His Honor awarded £7 10s.

The same applicant claimed £20 for the burning of a quantity of hay and the destruction of meadow, as a result of which he was baldly able to cut the meadow. The hay was burned during the night.

Cross-examined, applicant said he had been threatened in or about the time the hay was burned in July, '22. He heard no noise outside on the night of the burn­ing.

An award of £12 12s. was made.

Another claim by McHale for £20 dam­ages for injuries to his house in August, 1922. was next heard.

Claimant said the doors and windows were damaged by a number of people, who fired stones through the door and broke delph on the dresser.

The case was let stand over.

RELISH

 Mr. David Lowry, Ballina, claimed £10 for goods commandeered.

 Mr. Mulligan, for the plaintiff, said that amongst things taken was a con­siderable quantity of Yorkshire relish.

  His Honor—For what ?

  Mr. Mulligan—To make their ap­petites keen.

  His Honor—I will make a report.

BANK CASES

  The Munster and Leinster Bank, Ltd., Ballina, claimed for £250 cash taken by armed men in July, 1922.

  Mr. Mulligan for applicants.

  Mr. Crowley, manager, stated that on the 26^th July, 1922, certain known men of the Irregular forces entered the bank and demanded £250. He  tried to reason with them but they refused, and he had no other alternative but hand over the money. There was no insurance.

  Mr. Kelly said he point he raised in the other cases regarding the notes would not apply in this case. Bank of Ireland notes were used principally by this bank.

  His Honor asked Mr. Crowley if the notes had been burned would the bank be responsible to the Bank of Ireland.

  Mr. Crowley—We had given value to that bank beforehand.

 To be reported on.

The Ulster Bank Ltd., Ballina, claimed £250, money taken from the bank in September, 1922.

Mr. Garvey appeared for the claim­ants.

James Graydon, bank assistant, stated that on 12th September, '22, a number of armed men came to the bank. They knocked at the door and asked for the manager, They demanded the keys of the safes. They threatened to burst the safes with a bomb if they didn't get the keys. They got the keys, opened the safe and took £200 in single notes and £50 in silver.

Cross-examined by Mr. Kelly, the wit­ness said he could not say what the note would cost the bank prior to it being is­sued to the public.

Wouldn't it only cost them for the paper and the printing?

Witness—I couldn't say. Proceeding, the witness said he couldn't say if the notes were tendered back to the bank again.

Replying to Mr. Garvey, witness said the banks had to lodge certain security for their note issues.

Mr. Kelly held that there was no proof that the bank had suffered any loss be­yond £50.

His Honor said he would give every consideration to the points raised. There would have to be a report on the £50.

Mr. Garvey said that in the case of the Ulster Bank there was also a policy of insurance for £5,000, which covered riot and civil commotion. In the de­claration it was pointed out that a sum of £247 10s. had been paid by the Underwriters to cover the loss. It was now a matter of the recoupment of Lloyd's.

His Honor—To my mind it would ap­pear that a gentleman who would issue a policy of insurance would be guilty of the height of audacity to ask for re­coupment.

Mr. Garvey—I have instructions from the Company to submit their claim.

His Honor—I will have to have that clearly argued and shown to me that I have jurisdiction in such a case.

Mr. Garvey—Will you mention in your report that application has been made?

His Honor—There is no application before me on behalf of the Insurance Company.

Mr. Kelly—The Company has no locus standing here at all. They insured the Bank, got a substantial premium, and paid the insurance. They have no right to be inserted in your Honor's report at all.

The Provincial Bank, Ltd., Ballina, claimed £1,770, money taken from the bank in September, 1922.

Mr. Ludlow, accountant in the bank, gave evidence to the effect that on the day of the robbery armed men knocked at the door. The porter opened it, and the armed men entered. They asked for the manager, and then demanded all the money in the bank, and under threats the safe was opened and £l,770 taken, made up of notes, silver and copper.

The case was let stand over to Friday morning.

Mr. Stevenson, manager of the Bank, said there was no power in the bank to stop these notes. They were bound to pay them no matter by whom presented.

Mr. Kelly—Until these notes are pre­sented and paid by the bank, the bank has only suffered a loss of the paper and printing.

Mr. Stevenson—And the duty. I don't know if any of the notes were pre­sented.

INJURY TO A HORSE

Mr. Michael Browne, Hill Street, Bal­lina, claimed £30 damages for injury to a horse.

Mr. Garvey for claimant.

The applicant said he had a horse grazing in the Show Grounds on 3rd October, 1922. The town was in posses­sion of Free State troops at the time, and was being attacked by Irregulars. There was firing, and the attack came from the Camp field. The horse was in the line of fire and it was hit. This was during the sniping at night. The horse was worth £30 to witness. The market­able value of the animal was about £20. Cross-examined, the witness said the horse was living still, but was of use. He was able to do very little work, and if sold would not realise £3.

BROKEN WINDOW

Mrs. L. Cafferty, Bridge Street, Ballina, claimed £35 far malicious damage to a plate glass window in September, 1922.

A witness gave evidence that a bullet shattered the window and it had to be replaced. It cost £18 odd to replace it.

The case was let stand over.

Mr. Mulligan, solr., for claimant.

Thomas O’Connell, Knox Street, Ballina, claimed £70 9s. for drapery and  grocery goods taken away.

Mr. Mulligan appeared for claimant.

Claimant said the Irregulars visited his premises in June and July, 1922, and took whiskey, brandy, rum, cigarettes, trench coats, breeches, etc. The cost price would be £66 12s 5d. He didn't canvass the orders.

Cross-examined—He got payments on account.

WILLING OR COERCIVE?

Mr. Jas. Ahearn, Ballina, who was re­presented by Mr. Bourke, solr., claimed £150 for goods taken and the hire of a hall.

Mr. James McHale, an assistant, said the goods were principally supplied on order from the Quarter-Master I.R.A. The actual cost price of the goods taken was £100 0s. 11d, and the retail price was £115 18s 11d. On six different oc­casions the hall was taken over and use^d by the I.R.A. for dances and concerts. They called to Mr. Ahearn and asked for the hall, and booked it. There was £51 claimed for this, which sum repre­sented the hire of the hall if used in the usual way.

Cross-examined by Mr. Kelly, for the State, the witness said the members of the I.R.A. generally took the goods with them. There was one account paid, amounting to £71 6s 11d. There was no force used. They said they wanted the goods, and they were given. Witness was present when the hall was engaged for five dances and one concert. Some­times the goods were got for the purpose of dances.

Mr. Bourke—What would happen if the goods were refused?

Witness—They would have taken them

 On six different oc­casions the hall was taken over and used by the I.R.A. for dances and concerts. They called to Mr. Ahearn and asked for the hall, and booked it. There was £51 claimed for this, which sum represented the hire of the hall if used in the usual way.

Cross-examined by Mr. Kelly, for the State, the witness said the members of the I.R.A. generally took the goods with them. There was one account paid, amounting to £71 6s 11d. There was no force used. They said they wanted the goods, and they were given. Witness was present when the hall was engaged for five dances and one concert. Some­times the goods were got for the purpose of dances.

Mr. Bourke—What would happen if the goods were refused?

Witness—They would have taken them. On one occasion they threatened to do so. They were sometimes armed. Mr. Ahearn was endeavouring to hide the goods so that they would not be taken. He did not expose the stuff. He was forced to give the goods.

Questioned by Mr. Kelly, the witness said the dealing started in December, 1920,              and the last goods were got in July, 1921.       -

His Honor—That being so, the claim must go out.

Mr. Bourke—What does the book show ?   

Witness—1922.

His Honor—He answers, in monosy­llables, and his answer doesn't fit in any­where.

Subsequently the witness said there were dealings in 1922.

By Mr. Kelly—The first dealing started in 1922. There was no force used and the account was paid¹.

  His Honor—Were you there in 1920?

—Yes.                             

  How long did the dealing go on?—Down to 1922. The account was settled in May, 1922.

  His Honor—I cannot make head or tail of it. It started in 1920 and it con­tinued to 1922, when a sum of £72 was paid. At what time did it pass from being a willing supply to a coercive one?

Witness—When payment was asked in April. Mr. Ahearn protested often against supplying goods.

His Honor—Was that protest any­thing more than a claim for money ?

Witness—He protested because he thought he never would get paid.   Mr. Bourke—What was he protesting?

Witness—That he couldn’t afford to supply any more stuff as he wasn't get­ting paid, and they said they wanted the stuff and would have to get it.

His Honor—Was it the same people paid the account in May, 1922, and stay­ed on here, who got the goods?

Witness—The same people were sup­plied all along.

His Honor—Can the question of the hall be entertained, or can I allow for goods that went to the hall ?

The witness was questioned by his Honor if he knew in what language the songs were sung at the concert (laugh­ter).

 Witness—I wasn't there.

  Mr. Kelly said the claim for the hall would have to go out.

  His Honor—I think so. Mr. Bourke said the case came within the Act.  They could not lose sight of the fact of the state of affairs which ex­isted at this particular time. These men were armed and demanded the goods and if they didn't get them they would have taken them and done considerable damage as well. It was done at the point of the revolver. All the orders were—"Please give." He didn't think he could press the claim for the hall.

BALLINA BARRACKS

  Messrs. Garvey & Huggard, solicitors, and Mr. Tom Boshell, as executors, claimed £3.033 3s. for the burning of the Ballina Barracks.

  In reply to Mr. Bourke, Mr. John Garvey gave evidence that the barracks were burned down on 9^th July, 1922. They were occupied before this by the Irregulars. The Free State troops came to town next day. The place was saturated with paraffin and petrol. He knew that by the smell next day.

 By Mr. Kelly—He understood that the rent of the premises was still being paid to the estate of Mr. Gallagher.

  Mr. Joynt gave evidence that the amount claimed would be necessary for reconstruction. The walls were in good enough condition if repaired at once. The premises were in excellent condition before being burned down.

  By Mr. Kelly—When the place would be repaired it would not be much a better house than it was previously.

  In reply to Mr. Kelly, Mr. Irvine gave evidence that £2,790 would restore the premises, He would not say tht after this expenditure the premises would be more valuable, as he believed they would not command a higher rent than was being paid.

  By Mr. Bourke—His amount did not allow for contingencies. He did not allow for such things in his estimate. They were previously in good repair and an excellent police barracks.

  Some legal arguments then took place over the rebuilding. Mr. Garvey said that the money was badly needed to meet the liabilities of the estate, and he asked that the clause be not inserted. Mr. Kelly pressed for the reinstatement of the premises, and his Honor said he would consider the case and give his decision later.

AN ARDNAREE CLAIM

  James, Thomas and Peter Murray, Brooke Street, Ardnaree, claimed compensation each for personal injuries alleged to have been inflicted on the 20^th January last year. They also claimed compensation for various articles of property taken away on the same occasion.

  Mr. Fitzgerald-Kenny, B.L. (instructed by Messrs. Bourke and Carrigg), appeared for the applicants.

  James Murray said that on the morning of the 20^th January last he was awakened by hearing the windows of the house being broken up. Witness heard the door also being forced in, and he jumped out of bed and asked who was there. A voice called on him to open the door quickly. He only pulled his pants on, an about eight men, whom he recognised as Auxiliaries, came in. Three of them went upstairs to where his brothers Thomas and Peter were sleeping, and they brought them down naked except for their shirts. They then took the three of them to the street, compelled them to get in a stooping position, and roll up their shirts. While they were in that position they were beaten with a long can on lash. They were then driven into the house again and were kicked going into the house. They had two [pigs killed and cured for their own use, and these, with a quantity of other material, were taken away by the Auxiliaries, who wanted them to say nothing about their visit.

 Thomas Murray gave similar evidence and added that a revolver was shoved inot his mouth and he was punched in the face. He was since deaf in one ear.

  Peter Murray corroborated.

  Dr. Keane, who examined the applicants on the following day, said the buttocks and lower parts of their bodies were scored with reddish-bluish marks. Some of the scorings he found measured eight inches by the tape. They came into hisw surgery in a stooping position—an attitude he quite understood after he had examined them. Thomas Murray had a cut on his face, besides his mouth and also a swelling at the right ear. He was deaf in that ear, and the deafness would be permanent owing to rupture of the drum. The shirts of the three brothers were covered with blood.

BULLOCKS COMMANDEERED

  Mr. W. R. Bourke, Ballina, claimed for two bullocks taken by Irregular forces. The claim was for £30.

  Mr. H. C. Bourke for claimant.

  Mrs. Catherine McDermott said she herding for the applicant. Irregular forces came to the farm and demanded two of the bullocks, and she had to give them up.

  By Mr. Kelly--They were exceptionally good cattle, and would fetch every penny claimed.

  His Honor—This is a report case.

  The same claimant sought to recover £15 for a bicycle commandeered. While cycling on the road he wa held up by armed men, one of who he knew to be an officer of the I.R.A. They took the bicycle from him.

  To be reported.

BULLET-RIDDLED WINDOW

  James Murphy (Murphy Bros.), Ballina, claimed £20 15s. for the destruction of a plate glass window in his premises in Bridge Street, Ballina.

  Mr. Mulligan for applicant, who stated that the damage was caused by bullets on the day of the invasion.

  Mr. Irvine estimated at £17 4s.

  The claim included the breaking of a plate glass shelf and a mirror, and for these Mr. Irvine did not estimate, and the case was let stand over.

BALLINA HIBERNIAN HALL

 The trustees of the above claimed damages for injuries to the premises on the day of the attack on Ballina.

  Michael Joe Wehrley, secretary A.O.H., stated that on the 12^th September the Hall was damaged by the explosion. The actual cost of the glass was £12 15s 5d. To have the door repaired and the windows painted would cost £13. £3 10s. was asked for window paper for eleven windows. £29 was the amount of the claim.

  Mr. Irvine’s estimate was £28 16s.

ECHO OF A NIGHT OF TERROR

 The Misses Elizabeth and Teresa Hennigan, Knox Street, Ballina, claimed £60 compensation for damage to three windows and fanlights on the night of 16^th April last.

  Evidence of the damage was given by Miss Hennigan, and she added that her restaurant business suffered as a result of the attack, because people were afraid to come near the place. Three of her boarders also left and did not return again until after the Truce.

  There was no further evidence in the case.