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 16th 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 16th 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 7th
or the morning of the 8th 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/ 8th
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 4th January, 1921. Awarded £90.
Mr. McCarthy, B.L. (instructed by Mr.
Mulligan), for applicant.
Applicant deposed, said the Ballina Herald of
the 20th October, 1921, that on 4th 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, 15th November,
1923, by his Honor Judge Doyle, K.C. Most of these claims arose from the
storming of Ballina by the Irregulars on 12th 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 26th 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 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 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 9th 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 20th 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 20th 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 12th 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 16th 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.
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