Tuesday 20 October 2015

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.

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