DARING GALWAY OUTRAGE.
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POLICE CONSTABLE KILLED.
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WORKMAN SHOT AT AND WOUNDED.
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THREE ARRESTS.
(FROM A CORRESPONDENT)
LOUGHREA, FRIDAY.
News has reached here that a policeman named Martin Goldrick was shot dead this morning, while protecting two men named Malone and Cody, who were also injured, at Craughwell, six miles from Loughrea. It ap- pears the men were on their way to build walls on a farm belonging to a woman named Mrs. Ryan, when the shots were fired at them from behind a ditch. The constable pursued the party, and on coming close to them they fired at him, killing him in- stantly.
An inquest and post mortem examination will be held to-morrow morning at Craughwell, where the constable was stationed. Mrs. Ryan has for some time past being under police protection, and has been subjected to considerable annoyance, shots having more than once been fired into her house. The farm she holds belongs to Lord Clanricarde, two of whose men the constable was protecting at the time of the occurrence. The workmen are residents of Loughrea.
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THE ATTACK DESCRIBED.
(FROM OUR CORRESPONDENT.)
ATHENRY, FRIDAY.
News reached the police at Athenry this morning that a serious affray between police and a party of armed men had taken place close to the village of Craughwell, about five miles from Athenry, and that a police con- stable had been shot and killed in broad day- light. The facts in connection with the affray are brief. Two men from Loughrea had been repairing or building walls on an evicted farm on the Clanricarde estate, with- in 150 yards of the police barrack at Craughwell. From this farm a man named John Gilligan had been evicted 20 years ago. About three years since a woman named Mary Ryan took the farm, and since then she has been rigorously boycotted, and is under constant police protection. The walls on the farm were knocked down eight months ago, and no one could be got to build them, until Mr. Shaw Tener, Lord Clanricarde's agent, sent some men to the farm a week ago. These men commenced work at 8 o'clock this morning, as usual, and were protected by one policeman, a Constable Goldrick, who was armed with a revolver only.
The farm is close to the railway line, and soon after the men began to work a number of shots were fired at them from under cover of the railway cutting. One of the workmen received the greater portion of one charge in the face and head, and the other was wounded in the head and left arm. Constable Goldrick was not injured, and it does not appear that so far as the attacking party were concerned any idea existed in their minds to injure him. Immediately after the shots were discharged the constable drew his revolver, and proceeded towards the railway fence in pursuit of the attacking party, who were some 20 yards away. He was a man of powerful stature, 24 years of age, with three years' service. He must have closed on the fugitives very soon for further shots were heard in their direction. The armed men in their retreat went towards the village of Grinnage, about half a mile distant from where the attack was made. Near this village there is a plantation and a hazel undergrowth, and towards this cover they ran. Constable Goldrick continued his pursuit until he reached the hazel wood. He must have pressed very hard on the men whom he was pursuing, because when he had arrived at a gap which leads to a field to the south-west of the cover he was shot dead at close quarters.
The workmen, on recovering somewhat, at once proceeded to the Craughwell Police Barracks, and reported the occurrence there. All the available men in the station were at once called out, but from the meagre infor- mation which the two men were able to give it was two hours later before they were able to discover where the constable lay. He was dead, and beside him was his revolver, with three rounds discharged. Upon examination it was discovered that he had a large wound on the left breast in the region of the heart. Death must have been instantaneous.
Medical aid was at once summoned, and Dr. Quinlan went with all haste to the locality, but Constable Goldrick was beyond all medical aid. The two workmen were attended, but it is not considered that their injuries will prove fatal. Constable Goldrick was a native of Killala, Co. Mayo, and deep sympathy is felt for the relatives and friends.
From an examination made by Dr. Quinlan, he states that the assailant who fired the shot must have been within five yards of the con- stable, for a hole of large dimensions was made in the left side of the chest, near the heart.
The opinion is generally expressed that the constable should not have pursued the moon lighters for such a distance by himself, being only armed with a revolver. It is felt that if there had been two men on protection duty this morning it is probable that this crime would not have taken place.
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ANOTHER ACCOUNT.
(FROM OUR CORRESPONDENT.)
GORT, FRIDAY.
A daring outrage was perpetrated near the village of Craughwell about 9 o'clock this morning, when a police constable named Goldrick lost his life, and two masons were wounded, one dangerously. It appears that the two workmen were building a wall for a Mrs. Ryan, who resides in Craughwell, and who holds a small farm adjoining it.
About eighteen months ago this lady was fired at as she was alighting from the train at Craughwell station, but not seriously injured. Since she has been subjected to much annoyance, and is rigorously boycotted.
The shots were fired this morning at the masons from behind a hedge at a distance of 40 yards. Both men fell, and they did not see their assailants, who are stated to have been disguised. Constable Goldrick, who was protecting the men, carried a revolver, and he followed the men until he was shot. The doctor states that from the appearance of the wound, which was directly over the heart, he must have been within five yards of them when they shot him, and that death must have been instantaneous.
The police are scouring the country on motor cars and bicycles, and have arrested three men on suspicion. One is Thomas Kenny, a blacksmith, who resides in Craughwell, and within a quarter of a mile of where the outrage was committed. Another is a farmer named Thomas Hynes, of Lisduff, which is two miles from the scene of the outrage; and the third is a man named Dermody.
An inquest will be held tomorrow on the body of the constable. He was a native of Ballina, and had only 22 years service, and he had been stationed for four months in Craughwell.
The two masons are natives of Loughrea, and were employees of Mr. Shaw Tener, Lord Clanricarde's agent. It was a considerable time after the outrage had been committed before the police found the body of their comrade.
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Copied from the Irish Times, Monday, 25th. January 1909.
LAWLESSNESS IN THE WEST.
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MURDER OF CONSTABLE GOLDRICK.
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TWO EMERGENCY MEN SERIOUSLY INJURED.
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CRIME COMMITTED BY BAND OF TERRORISTS.
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JURY CONDEMN OUTRAGE.
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INTERVIEW WITH MRS. RYAN.
(FROM OUR REPORTER.)
CRAUGHWELL, SATURDAY.
Further inquiry into the facts surround - ing the murder of Constable Martin Goldrick at Craughwell on Friday morning, and the wounding of two emergency men, tends to show that the district is largely at the mercy of a band of terrorists, dread of whom has forced the law-abiding inhabitants into abject submission. Mrs. Ryan, the occupier of the evicted farm, with regard to which all the trouble has arisen, is an ally of the United Irish League, and it is with the full consent, actually committed to writing, of that body that she retains the holding. It appears that some 20 years ago a man named Gilligan was evicted from the place, and afterwards allowed back as caretaker, but he never had the slightest chance of being restored to his tenancy. Mrs. Ryan on returning to Craugh- well nine years ago from America thought that the farm would suit her. She was born in the neighbourhood, and being in possession of several hundreds of pounds considered that she might profitably undertake farming. It was represented to her that she might pur- chase Gilligan's "claim" for a consideration, and so enter into occupation of the land, with the goodwill of the United Irish League. The officials of the League whom she met at Sligo were quite ready for a deal on the terms indicated, and when she had paid £20 to Gilligan they, so to speak, gave her their blessing in her new undertaking. The branches of the League at Loughrea and Craughwell followed suit, and she felt satisfied that she need have no fear of any further opposition.
THE BOYCOTT.
She had, however, overlooked the hostility of a local faction who were anxious to divide the land amongst themselves. These men directed a boycott against her, and for a long period caused her considerable annoyance. It was not until a couple of years ago that their terrorism took its worst form. About this time the stone fences surrounding her farm were pulled down, and no local labourer dared to repair them. As the place in its unprotected state had almost become a commonage she communicated with Mr. Shaw Tener, agent of Lord Clanricarde on whose estate the property is situated, and he sent a couple of emergency men from Loughrea to carry out the necessary work. These men, whose names are Patrick Coady and Patrick Malone, arrived in Craughwell on Tuesday, and at once began re-building. Each day a constable was detailed off to protect them, and until Friday they were not in any way interfered with.
THE ATTACK.
On Friday morning, shortly after 8 o'clock, when they had been at work only a few minutes, shots were fired at them across the railway line, which runs parallel to the front of the farm, and both men were seriously in- jured. Constable Goldrick, who was on duty a few yards away, at once ran in the direction whence the shots were fired. He was last seen by one of the emergency men crossing the railway line. The constable was a very athletic man. He was only 23 years of age, was a man of great physical strength, measured 6 feet 1 inch in height, and had the reputation of being a swift runner. In order to increase his speed he divested himself of his belt and great coat, both of which were subsequently found on the track he had followed. It is not known how many men he had to deal with, but it is assumed that less than three or four would hardly venture out on such a hazardous enterprise. The constable was at a distinct disadvantage in being armed with a revolver only, the range of which would necessarily be so short in comparison with a rifle.
CONSTABLE GOLDRICK'S DEATH.
The pursuit followed an almost straight line across a couple of fields in the direction of a plantation. The plantation is by no means a thick one, but it is furnished with a heavy hazel undergrowth likely to afford shelter, or give opportunities for an ambush. Whether the constable actually overtook the men whom he was pursuing or not will probably never be known; but it is generally believed that he came into close touch with them, a theory that is strengthened by the fact that two chambers of his revolver were found to have been discharged. The further fact of his deliberate murder is also regarded as some evi- dence that he had either identified some of the fugitives or stood a good chance of making a capture. The constable's rashness in thus running into a trap has been condemned by some persons who, at the same time, express the greatest admiration for his bravery. One of the constable's comrades declared that Goldrick was bound to do what he did. The orders, he said, were now so strict that they could only be interpreted to mean -- "Catch your man, or leave the force."
SEARCH FOR THE CRIMINALS.
Information that a shooting affray had oc- curred was soon conveyed to the police bar- racks, and a number of constables at once turned out, and searched for their missing comrade, whose dead body was afterwards found as described by the witnesses at the inquest. The remains were conveyed to the police barracks, and a doctor and a clergyman were soon in attendance. The body lay in the day-room until Saturday. It was re- verently covered with a white sheet, above which the face alone was exposed. The features were quite tranquil, and suggested a swift and painless end. On Saturday evening some relatives of the deceased man arrived from Killala, Co. Mayo, and bore his remains away to his native place for interment. The greatest sympathy was shown to those poor people, whose distress it was harrowing to witness.
A GUN DISCOVERED.
On Saturday afternoon a double-barrelled gun was found close to the spot where Goldrick was murdered, but its disused appearance made it clear that it was not the weapon with which the foul deed was committed. It is a remarkable circumstance that a few yards further on there was found a set of harness which had been removed some months ago from a pony the property of Mr. Benjamin Taylor. The animal was actually stripped of its harness on the public road, and Mr. Taylor, it may be remembered, was awarded compensation by the County Court judge for the loss which he had sustained.
A large number of extra police has been drafted into the district, and some arrests have already been made.
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THE INQUEST.
CORONER AND JURY CONDEMN THE OUTRAGE.
SYMPATHY WITH RELATIVES OF DECEASED.
Shortly after 11 o'clock on Saturday morning Dr. Crowley, J.P., Coroner for South County Galway, held an inquest at the Craughwell National School on the remains of the deceased constable.
County Inspector Smith and District In- spector Leatham of Athenry, were present.
The principal witnesses were the two emergency men, Patrick Coady and Patrick Malone, whom the deceased was protecting when he lost his life. Coady had a huge bandage over his head, which merely left his features visible. He seemed to be quite dazed, and so unable was he during his evidence to concentrate his attention that a question had often to be repeated to him two or three times. Malone had a patch of sticking plaster on his face, and his left hand was supported by a sling. He was much clearer as to what had happened than Coady, and gave his evidence more precisely.
The following fifteen jurors were sworn:- Bartholomew Cawley, John Conniffe, Martin Connell, Thomas Silk, Hugh Greaney, John M. Daly, John Lambert, John Keane, Thomas Haverty, Philip Carr, Michael Byrne, Owen Harte, Hubert Greaney, John Shekelion and Jas. Kennedy.
The Coroner, in opening the proceedings, said it was a very sad business that they were assembled to inquire into, and they all felt it as much as it would be felt outsiders and by the country at large. According to the evidence that would be put before them, the deceased man, Constable Martin Goldrick, had been protecting two men named Coady and Malone. The evidence of these two men, who had been fired at and wounded, would be forthcoming. The constable evidently went after the persons who had fired the shots, with the result that he was shot himself. He (the Coroner) did not believe that the witnesses who would be examined here could say that they identified anybody who fired the shots, even if they heard them.
Constable Thomas Traynor stated, in reply to the Coroner, that he identified the body of the deceased as that of Martin Goldrick, whom he last saw alive on the night of the 21st.
You did not see him alive yesterday?
No, sir.
Continuing, witness said he saw Goldrick's lifeless body about 9.55 or 10 o'clock a.m. at Crinnagh on the 22nd. inst. Witness was passing through a small field, containing many stones and bushes, and he saw the body of the deceased in a partly sitting position in a gap. Death had ensued, but blood was still flowing from a wound in the left breast. Deceased held a small handkerchief in his left hand. Witness raised deceased's head. The head and neck were warm, but the re- mainder of the body was cold. A revolver which belonged to Goldrick lay by his side. Sergeant Mooney, for whom witness whistled, took charge of the revolver. About eight or nine yards away witness found an empty cartridge, also some gun wads.
A discharged cartridge from a gun, would you say?
Yes, and some wads. The wads were shattered and strewn about.
Continuing, witness said he remained with deceased until a medical doctor, a priest, and an officer arrived. On his way to the scene he saw Malone at Nilard's house. Malone was then sitting on a chair at the door, bleed- ing from the hands.
You did not see Coady at all?
No, sir; he did not come that way.
Did you get word of the occurrence first?
No; the sergeant did.
PATRICK COADY.
One of the injured men, Patrick Coady, stated, in answer to the Coroner, that he was engaged in building a wall for Mrs. Ryan on the 22nd. inst. about 8.30 a.m. A shot came over a wall adjoining, struck him in the neck, and knocked him down.
Did it render you unconscious?
Yes; I would not know anybody, and I could not see or hear after it.
I suppose you don't know how long you were there?
No. I remember Sergeant Mooney coming down. I got up after a time, before the sergeant arrived, and I kept roving about until he came up. He asked me did I see the policeman, and I said that I did not.
What policeman?
The man who was with us, Goldrick.
Did you know then of what had happened?
I did not, sir.
Where was Goldrick when you were shot?
About fifteen yards away from me.
Did you hear any other shots?
No, I think not, but I am not sure.
What did you do then?
After a time Sergeant Mooney sent me to the barracks with a policeman.
Where was Malone then?
I think he had gone on to the town before me.
When you recovered consciousness did you see Malone?
No, sir. When I was shot Malone was working at the other side of the wall from me. I did not see him after that.
Can you tell us anything more about the deceased? No.
A Juror - Did you see who fired the shot? No.
The Coroner - Did you see anybody about? No.
Another Juror - How far were you from the wall where the shot came over? (No answer.)
The Coroner (to witness) - Were you on the railway side?
No, on the field side. Malone was next to the road.
What is the exact position you were in when you got the shot?
I was stooping down for a stone to put on the wall when I got it.
How did the shot come? (No answer.)
County Inspector Smith - It came across the railway.
The Coroner (to witness) - Was your left side facing the railway? Yes.
A Juror - Was it a pellet you were hit with?
I could not say. I thought my neck was broken when it hit me.
Were you hit only once? I was hit twice.
The Coroner - Two shots were fired at you? Yes.
You said that a shot struck you and rendered you unconscious?
Yes, it came after.
A juror - If you were knocked unconscious by the first shot how do you remember the second?
Oh, I was shot a second time. I got the second shot in the head.
Which shot knocked you? The shot in the head.
The Coroner - Then you did get two shots? Yes.
A Juror - Were there any more than two shots fired? I could not say.
The Coroner - Did you feel faint? Yes.
You said it was the first shot that knocked you unconscious, now you say it was the second. Is the commencement of your evidence wrong?
Yes, sir.
You should be very careful and exact as to your evidence. It is a very grave case, and don't say anything except what you are sure of. We will begin again.
The witness then repeated his evidence. He said that the first shot which came over the wall struck him on the neck and knocked him on one knee. He struggled up again, and got a second shot, the latter in the head. It knocked him bleeding to the wall. He stood up, after a time, and went roving around the field until Sergeant Mooney arrived. The sergeant sent a policeman with him.
PATRICK MALONE.
The second of the injured men, Patrick Malone, stated that he and Coady and the constable left Mrs. Ryan's about 8.20 on the morning of the 22nd. inst. to do work. When the work had been in progress about five minutes shots were fired. Coady was wounded in the face, and fell. Witness turned to the right, and got in his face a grain of the shot that struck Coady. Witness turned in the direction where the shot came from, and got a second shot in the hand and side. He then ran in the Athenry direction and two more shots were fired at him.
Did any of them strike you?
No; they both missed. I then ran for about 30 yards and turned back again. I looked in over the wall where Coady was, and I saw him kneeling down bleeding from the face. I then saw the deceased crossing over the railway wall on the far side, and about eight or nine seconds later I heard three shots more. I ran on in the direction of Craughwell, and I met a constable running towards the place where the shots were fired. I next saw Sergeant Mooney going on a bicycle, and five or six more constables running.
A Juror - When you were running down the road did you speak to Coady? I did.
What did he say? He said that he was dying.
POLICE SERGEANT'S EVIDENCE.
Sergeant Albert M. Mooney , in charge of the Craughwell Barrack, stated that about 8.15 on the previous morning it was reported to him that shots had been fired at Mrs. Ryan's workmen. He cycled to the place, and in Mrs. Ryan's field he saw Patrick Coady, who was bleeding from a wound on the left side of his head. Witness had a conversation with him, after which he sent police across the railway line to Grimmage to search for Constable Goldrick. About five minutes to ten he heard a whistle-call and ran to the place. He saw Constable Goldrick lying dead in a gap. Blood was oozing from a wound in his left breast. With assistance witness lifted him up and out into the open. Deceased's revolver was lying in the gap, two chambers having been discharged.
The Coroner - Had he a rifle also?
No, only the revolver. I saw him that morning at 8 o'clock going on duty.
A Juror - Was it many yards from the railway wall through the fields where you found the constable? About 400.
MEDICAL EVIDENCE.
Dr. P.J. Quinlan, of Athenry, stated - I, assisted by Dr. Ryan, made a post-mortem examination of the body of Martin Goldrick. We found the body in a healthy condition and well nourished. There were no marks of violence, except gunshot wounds on the right and left side. On the right side there were two pellets of shot that penetrated the skin, one on the right upper arm, and the other on the right side of the shin, in front. On the left side there were about a hundred pellet wounds scattered over the left side of the chest, left arm, and fore-arm, and a few in the abdomen. On the left side of the chest, underneath the collar-bone, there were about 60 pellet wounds in a circle of about an inch and a half in diameter over the second rib. These pellets penetrated through the skin and tissues underneath, fracturing the second rib in front, also destroying the upper lobe of the left lung and opening the sub-clavian artery. After doing the above damage the shot passed on and lodged in the chest wall at the back, fracturing the third rib behind. Death was due to shock and hemorrhage into the chest cavity.
The Coroner - Would you say at about what distance the shot was fired?
I would say at a distance of between five and eight yards.
CORONER'S OBSERVATIONS.
The Coroner, addressing the jury, said they had now heard all the evidence. It was a very sad case, but sad as it was it might easily have been sadder still. The only grain of comfort left arose from the contemplation that only one man was shot dead, not three. But in truth it was sad enough. All the property of the Marquis of Clanricarde was not value for the life of a man. This was the third violent death, the third murder that he (the Coroner) had had inquired into arising from agrarian trouble. They were killing each other over the land - the land to which they must all go back as dust. What made all the circumstances of the present case more dreadful still was the fact of this cruel murder being committed within sight of the church where Holy Sacrifice of the Mass was offered up - a murder committed with God looking on. It was not his (the Coroner's) duty to moralise or to lecture. He would just say that this poor man met his death bravely. Alone he fought against unknown odds, and he died the death of a hero. The duty of the jury was to find out how, when, and where he came by his death. The medical evidence showed the cause to be shock and hemorrhage, due to a gunshot wound. That gunshot wound was plainly inflicted by somebody other than the unfortunate man himself.
The jury then retired to consider their verdict.
The Coroner - I should like to know how many policemen used to be detailed for protective work of this kind?
County Inspector Smith - At first it was four.
The Coroner - And then I think it was reduced to two.
County Inspector Smith - Yes; the number was reduced gradually.
The Coroner - It was considered that there was not the same necessity to keep up the number - that things were getting quieter?
District Inspector Leatham - Yes, sir.
THE VERDICT.
The jury returned after an absence of a few minutes .
The Foreman - We have found our verdict. We condemn the outrage, and we express our sympathy with the relatives of the deceased.
The Coroner - I quite approve of that.
County Inspector Smith - I shall convey that expression of sympathy to his relatives.
The following verdict was then handed in :-
We find that the said Martin Goldrick, 23 years of age, died on the 22nd. of January, 1909, from a gunshot wound, inflicted by some person or persons unknown. We condemn the outrage in the strongest manner, and desire that our sympathy be conveyed to the friends of the deceased.
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THREE MEN ARRESTED. ONE DISCHARGED.
On Saturday morning three men were formally charged before Mr. A.W. Hazell, J.P., at Athenry with the wilful murder of Constable Goldrick. They are Thomas Kenny, District Councillor, resident of Craughwell; Michael Dermody, of Craughwell; and Thos. Hynes of Lisduff. They were all arrested on the previous evening. Hynes was discharged, but the other two men were remanded for eight days. They were subsequently con- veyed to Galway Jail under a strong police escort.
MURDER CONDEMNED BY THE PARISH PRIEST.
Speaking from the altar of the Craughwell Roman Catholic Church yesterday (Sunday), the Rev. Father Quinn, P.P., strongly condemned the outrage, and said that all respectable people in the locality had heard of it with indignation and horror. It was the first murder that had taken place in the parish during the twenty years that he had been officiating there.
INTERVIEW WITH MRS. RYAN.
MELANCHOLY STORY OF BOYCOTTING.
UNITED IRISH LEAGUE POWERLESS.
The representative of the Irish Times had an interview with Mrs. Ryan, the owner of the boycotted farm. She lives in a comfort- able thatched house in the village of Craughwell. At the time I called upon her there were five policemen armed with loaded rifles on duty close to her door. She seemed deeply affected by the dreadful tragedy which had just happened, and she spoke in a manner which suggested a highly strung temperament. She was quite willing to impart any informa- tion which she possessed, and though at times while narrating her melancholy story she burst into tears, she gave me very plainly to understand that she would not surrender to terrorism in the smallest degree, and that she was prepared to fight unflinchingly for her rights no matter what new danger threatened. She had been in America with her husband, she said, and had returned to Craughwell, her native district, about nine years ago, bringing with her some hundreds of pounds. When she came home the farm which she now held in Templemartin, and which was about ten acres in extent was in the hands of a caretaker named Gilligan, a remote relative of her own. Gilligan had been previously evicted from the farm, and would not be re- instated as a tenant. She had been told that if she gave him some compensation the United Irish League would withdraw the boycott and allow her to enter peaceably into possession. She after- wards came to terms with Gilligan, and she went to Sligo, where, by appointment, she met two members of Parliament, who drafted a document, which both she and Gilligan signed, and whereby she purchased his "claim" from him for £20. The branches of the United Irish League at Loughrea and Craughwell confirmed the negotiations, and she was then satisfied that no difficulties would be put in her way.
A LOCAL FACTION.
The arrangement, however, did not suit a local faction, who wanted the farm for division amongst themselves, and a decree went forth that she must be boycotted if she did not at once surrender her rights. She would not surrender in view of the fact that she had paid away £20, and had been ac- cepted by Mr. Shaw Tener, Lord Clanricarde's agent, as the rightful tenant, at a rent of £7 a year. She purchased certain stock, which she placed on the farm, and she made arrangements for opening a provision shop in the town. In view, however, of almost universal hostility shown towards her she never started the shop. She thought the farm would re- quire all her energies. The boycott continued, though not vigorously, for some time, but nevertheless she had been able to get provisions, and to make fairly satisfactory progress. A couple of years ago matters got worse. Her house was fired into about that time, and a little later she herself was fired at the Craughwell Railway Station. She was not hurt, but several grains of shot were found in her dress.. Her friends and re- lations who came to call on her rendered themselves unpopular, and a first cousin of hers who had been a constant, visitor was fired at. Then she told her friends not to come to her any more. About two years ago the fences and walls surrounding her farm were pulled down, and she received £10 com- pensation for the injury done. She tried to get workmen to rebuild the walls, but in vain, and having wasted all this time it oc- curred to her to apply to Mr. Shaw Tener for workmen. The agent on hearing from her sent Coady and Malone to do the work, and on the fourth day of their operations the murder was committed.
Mrs. Ryan quite broke down at this stage of her statement. Then she spoke rather excitedly, and with a good deal of gesture.
"Is it not dreadful," she said; "what an awful position. Here are my two children," and she pointed to a rather pretty girl of about 18 years of age, who seemed to possess something of her mother's determination, and a pale-faced boy several years younger, who hung his head and sobbed from time to time.
"Nobody," Mrs. Ryan continued, "will speak to my children except the policemen. Why, the very postboy who delivers letters here won't exchange a word with my lad," and the little fellow cried again, and retired further into a corner of the kitchen. "Are you still able to get provisions?" I inquired.
"Oh, yes," said she; "we have not suffered much so far in that way."
"Is the boy attending school?"
"Yes; he is attending the school in the town. The other scholars don't speak to him, but I insist on his going."
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FUNERAL OF GOLDRICK.
Not a single civilian attended the unfortunate man's funeral , the only mourners present being his relatives and his police comrades. A police transport car driving into the village late on Saturday night, with four constables, was pulled up an inch away from huge boulders placed in the road, which, if struck, would have hurled the party over a bridge.
Copied from the Irish T imes, Monday, 22 nd. February 1909.
CRAUGHWELL MURDER CHARGE.
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PRISONERS AGAIN REMANDED.
(FROM OUR CORRESPONDENT.)
GALWAY, SATURDAY.
The two prisoners, Thomas Kenny and Michael Darmody, were again brought before the Resident Magistrate to-day in connection with the Craughwell murder charge.
Mr. Leatham, D.I., made a similar deposition to that of previous days, but in this instance asked for a further remand of eight days, or a lesser time if necessary, as he would then be in a position to produce evidence against the prisoners.
The Chairman said there had been a good many remands in the case, and he considered it was right that the District Inspector should have stated the grounds on which he made this further application for a remand. He said it was well known that a murder had been committed, and that the lives of two other men had been assailed, and it would be necessary that the District Inspector should show substantial grounds for his application.
District Inspector Leatham - I have reason to believe, and do believe, that further evidence is forthcoming.
The Chairman - Then your application is for eight days, or less, if necessary.
Dr. Comyn, solicitor, Loughrea, asked if any evidence had been produced against the prisoners since the 22nd. of January, the day on which they were arrested.
The District Inspector - Not yet.
Dr. Comyn - Then what do you mean by saying in your deposition that there is evidence forthcoming?
The District Inspector - I have evidence in my possession, but I will not produce it yet.
Dr. Comyn - Is Constable Keane from the Craughwell Station here? No.
Did you get a letter from me to have him here? I did.
Would he not be a witness in favour of Kenny to show that he could not be at the scene of the murder at the time it was committed?
The District Inspector - I am prepared to admit what Constable Keane has to say on oath.
Dr. Comyn - I am prepared to prove from the lips of Constable Keane and Sergeant Mooney that the prisoner was not there at the time of the murder. Now, this sad occurrence took place on the 22nd. of January, and since then not a single particle of evidence has been put forward to connect either of the prisoners with the murder.
The Chairman - The application is taking a different form this time, as the District Inspector says he will be prepared to produce evidence.
Dr. Comyn - Unless Mr. Leatham is prepared to give evidence before eight days, I will take steps to compel him to do so.
The Chairman - What do you say to that, Mr. Leatham?
Mr. Leatham - Eight days, or less, if necessary.
Dr. Comyn - If you are prepared to proceed with evidence, I would ask your worship to fix the case for Wednesday or Friday, as it is too hard on these men to keep them in jail without any evidence having been adduced against them.
The Chairman - We cannot close our eyes to the fact that a cruel murder has been committed, and a remand will be granted for eight days, or less, if necessary, when the District Inspector will intimate to you, Dr. Comyn, on what day he will be prepared to give evidence.
The prisoners were afterwards removed.
Copied from the Irish T imes, Thursday, 25 th. February 1909.
THE LATE CONSTABLE GOLDRICK.
We have been requested to acknowledge the following additional subscriptions to our Fund, which has now reached a total of £553. 6s. 6d. :-
The Earl of Dunraven, K.P. ------------------------------------------------------ £5 0 0
A Few Sympathisers in Broadford,
Co. Clare, per Miss Edith Bentley ------------------------------------------- £1 3 0
IRISH QUESTIONS IN PARLIAMENT.
THE CRAUGHWELL MURDER.
MR. LONSDALE asked the Chief Secretary what was the date at which Mrs. Ryan, of Craughwell, County Galway, was placed under personal police protection, and what was the number of constables detailed for the purpose; at what date and for what period did she receive protection of four constables; is it a fact that at the time the late Constable Goldrick was murdered the deceased was employed on patrol duty for the protection from intimidation of the workmen engaged in building the wall outside Mrs. Ryan's cottage; will he state whether there is any, and, if so, what, entry in the patrol registry showing the duty for which Constable Goldrick had been detailed on the occasion; and will he state what was the number of constables specially employed in protecting Mrs. Ryan at the time the workmen were fired at and wounded.
MR. BIRRELL - Mrs. Ryan was placed under personal police protection on the 22nd. January, two constables being detailed for the purpose. She never received the protec- tion of four constables. Constable Goldrick at the time of his murder was employed on duty for the protection from intimidation of the workmen engaged in building walls on Mrs. Ryan's farm, which is about 700 yards from her house. There is no entry in the patrol book showing the duty for which he had been detailed. It would have been his duty to have made such an entry. There was no constable specially employed in protecting Mrs. Ryan at the time the workmen were fired at and wounded. The house is quite close to the police barrack at Craughwell.
Copied from the Irish Times, Saturday, 27th. February, 1909.
CRAUGHWELL MURDER.
PRISONERS DISCHARGED.
(FROM OUR CORRESPONDENT.)
GALWAY, FRIDAY.
The two men, Thomas Kenny and Michael Darmody, who were arrested in connection with the murder of Constable Goldrick at Crinnage, near Craughwell, on the 22nd. of January last, were again brought before Mr. John C. Gardiner, R.M., today. Amongst those in Court were several persons from the neighbourhood of Craughwell.
At the sitting of the Court, District-Inspector Leatham, who had charge of the case, addressed the Chairman, and said - I regret, your worship, that I have no further evidence today in connection with this case, and consequently must ask you to discharge the prisoners.
The Chairman, addressing the prisoners, said - I am sorry that you have been detained in custody so long, but it had been done in all good faith. A very serious crime had been committed, and it was necessary on the part of the Crown that they should have acted as they did in keeping you in custody. You are now discharged.
The prisoners then left the Court, and were followed by a crowd. There was general congratulations and shaking of hands, but there was no further demonstration of any kind.
Copied from the Irish Times, Tuesday, 2nd. March 1909.
INTIMIDATION AT CRAUGHWELL.
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NINE MEN ARRESTED.
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SOLICITOR AND MR. BIRRELL'S SPEECH.
(FROM OUR CORRESPONDENT.)
ATHENRY, MONDAY.
To-day, before Mr. J.C. Gardiner, R.M., nine young men of the farming class named Michael Fury, Martin McEvoy, Thomas Hynes, John Morrissey, Pat. Callanan, John Fahy, Pat. Kinneen, Peter Cloonan, and John Monohan were charged with having intimidated Michael Ryan, a son of Mrs. Ryan, who holds the evicted farm at Craughwell, where the two emergencymen were fired at and wounded on the 22nd. January last, and also where Constable Goldrick was murdered.
District Inspector Leatham applied to have the prisoners put under a rule of bail.
Acting-Sergeant Halloran deposed that on the 24th. February, about 4.30 p.m., a number of men were working in Thomas Kenny's field, near Craughwell. Michael Ryan came to the evicted farm, close to where the men were working. The crowd began to shout and cheer and groan. When Ryan was returning later the groaning, shouting, and cheering began again. They had some drink in the field. The field which Ryan went to was the one where the two emergencymen were fired at and wounded on the 22nd. January last. Constable Boyd deposed that he was protecting the boy Ryan on the 24th. February.
He saw a party of seven or eight men in a field. When Ryan was passing they shouted and cheered, and one said, " We'll drink the health of our captain," and another shouted, "To -------- with Leatham," and "To -------- with the grabber." The crowd were in Tom Kenny's field. He identified three of the prisoners. Mrs. Ryan's farm is boycotted, and Mrs. Ryan has been subjected to annoyance.
Mr. Concanon, solicitor, who defended, said that he presumed the Crown did not object to these people working in this field. They were proceeded against under an old Statute, which was enacted for an entirely different purpose, and an entirely different time to the present. It was a peculiar coincidence that in the papers that morning there was a speech of Mr. Birrell, who was responsible for the government of this country, expressing his views on this class of case, and that the people should be dealt under the ordinary law. He then quoted the following passages in support of his application that the accused should be discharged :-
When people were disposed in their political heat to describe Irishmen as savages, they should bear in mind that, as compared with other parts of the United Kingdom, there was less ordinary crime in Ireland . . . That is the problem, and my firm persuasion is that my administration of the law, defective as it may be, unfortunate in certain respects as it may be, has done far more in producing the results we have at heart than if we had suspended the Constitution and adopted government by coercion . . . I unhesitatingly say that the state of Ireland would have been far worse than at the present time . . . We do mean resolutely to administer the ordinary law, patiently, courageously, and firmly, and to administer no other and by that means to induce the Irish people to see that the law is what we have often been ridiculed for saying it is - that the law is the friend of the poor man, and not his enemy.
Mr. Concanon submitted that they were not now proceeding under ordinary law, but under an extraordinary law, and there was no evidence against the prisoners. There was one other paragraph of the Chief Secretary's speech which he proposed to read --
We had our duty to our Colonies; but charity began at home, and let us see that Ireland, which was so near our shores, with her strange, tempes- tuous, and melancholy history, was allowed to take the first step towards social regeneration, and that was the responsibility of self-government.
It was, Mr. Concanon pointed out, a sad commentary on that speech that the police twenty-four hours afterwards were pulling these men out of their beds on a charge like this. Under the ordinary law, Mr. Concanon continued, which the Chief Secretary says he is administering, men cannot be bound over to the peace for a few cheers. You are, sir, the servant of the Chief Secretary, and you should not be asked twenty-four hours after this speech of Mr. Birrell's to bind these men to the peace on such evidence unless the charge comes within the ordinary law, which it does not.
Mr. Gardiner put the accused under the rule of bail for six months, themselves in £20, and two sureties of £10 each.
The prisoners gave bail, and were released.
Copied from the Irish Times, Tuesday, 23rd. of March 1909.
CRAUGHWELL MURDER.
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FURTHER ARRESTS.
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APPROVER IN THE WITNESS BOX.
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THE CRIME DESCRIBED.
(FROM OUR CORRESPONDENT.)
ATHENRY, MONDAY.
Considerable excitement prevailed in the Craughwell district on Sunday morning when at an early hour a large force of police, under District Inspector Leatham, Head Constables Neylon, O'Connor, and Manning, made a number of arrests in the Craughwell district in connection with the murder of Constable Goldrck on the 22nd. January last. Only a couple of weeks ago two men had been discharged by the magistrates after having been five weeks in the Galway Prison. Strange to say, one of these men has been again arrested on the same charge. The five men arrested are farmers' sons, named James Cahill, Thomas Hynes, Thomas Callanan, Michael Dermody, and Michael Conway. All the prisoners have been arrested on a warrant, and they are charged with the murder of Constable Martin Goldrick at Grinnage, and the wounding of the two workmen at Craughwell.
The five men were detained in the police barrack here all day yesterday, and it could not be discovered what the intentions of the police were. The County Inspector and a large force of police were in the town all day. This morning, however, the rumour got abroad that an informer was to be produced, and that steps were to be taken to identify some of the men in custody. Two workmen from the town were notified by the police to turn up at the police barrack at 9.30 o'clock this morning, and soon after that hour the prisoners were taken into the barrack yard, and two workmen from the town were placed with them.
ARRIVAL OF THE CROWN WITNESS.
In the meantime, the morning train from Ballinasloe had arrived, and with it travelled a labourer of the itinerant class under a heavy escort of police. Upon his arrival at the barrack he was taken into the yard where the prisoners and the two men were standing, and, having examined the seven men, he, it is stated, placed his hand upon two of them, Michael Dermody and Thomas Hynes. This was a period of much excite- ment, and one of the prisoners, it is said, got angry and cursed the man, who was thereupon removed to the barrack. Shortly after James Cahill, Thomas Callanan, and Michael Conway were discharged, and Dermody and Hynes were kept in custody.
At ten o'clock a large force of police was drawn up outside the barrack, and soon after- wards Michael Dermody came out. He was handcuffed, and was followed by Thomas Hynes. Next came the labourer. All were guarded by a large force of police, and were escorted to the railway station en route for Galway.
A large number had assembled to see the prisoners off, and the approver, who sat in a separate compartment, kept his back turned towards the people, and had his face partly hidden with his cap.
PRISONERS BEFORE THE MAGISTRATE.
EVIDENCE FOR THE CROWN.
At half-past two o'clock to-day a special Court was held here into the charges preferred against Michael Dermody and Thomas Hynes. The inquiry was held by Mr. Newell, R.M., of Ballinasloe. The Court was crowded, and the greatest excitement prevailed in the town when the prisoners arrived, escorted by about twenty armed policemen.
The only witness examined was Bartley Naughton, who, in reply to Mr. Blake, Crown Solicitor, stated :- I am a labourer. I slept in Athenry on the night before the murder. The next morning, January 22, I left and walked towards Craughwell. Near the bridge I heard shots, and saw a man running; I saw a policeman in "The Craggs" running after three fellows. He had no gun; the three men had guns; one of the men turned back and fired a shot, and I saw the policeman fall. The men ran towards me on the bridge. One was taller than the others, and he presented his gun at my breast, and said that he would give me the contents if I said a word. I said that I would not tell as I was one of themselves. I afterwards saw the men going towards "The Craggs" when the policeman fell. The big man straightened up his gun over where the policeman fell and fired another shot. (Sensation.) Two of them then ran away. When I first saw the policeman running after the three men I saw five other fellows running from "The Craggs." They were a good bit away from me. I noticed that the two men who came up to me had their faces blackened.
The witness further said that after this he went into Craughwell, and saw a policeman and asked if he could get a drink. On St. Patrick's Day he saw the man who fired the second shot at the policeman, and heard him called by the name of Dermody. His face was not as black as the others on the day of the murder. All wore masks, or had blackened faces, but one man was not as black as the rest.
Naughton then went on to say that he afterwards entered several public-houses. Questioned by Mr. Blake he said that he saw four men altogether running through the fields after the first shot had been fired.
He continued:- I was in Athenry Police Barracks to-day and saw eight or nine people. Amongst them I identified the man who presented his rifle at me. That man was Michael Dermody. He is the man who fired the second shot on the spot where the policeman lay. He had a rifle when he came up to me. I identified at Athenry to-day the other man who came up with Dermody, and I now see him present - that man is Thomas Hynes. Hynes had a double-barrel gun in his hand. I met two policemen near the chapel; they were riding bicycles. One of them was a sergeant. They were going very fast in the direction of the bridge where I had been walking when the shots were fired. They did not speak to me.
Mr. Newell asked the accused if they had any questions to ask.
Hynes replied firmly, "Not to-day." Dermody, who seemed nervous, replied, "No."
Mr. Blake asked for a remand for eight days, which was granted.
Copied from the Irish Times, Tuesday, 30 th. March 1909.
PRISONERS AGAIN REMANDED.
(FROM OUR CORRESPONDENT.)
GALWAY, MONDAY.
To-day, at a special Court of Petty Sessions, before Mr. Newell, R.M., the two men, Michael Dermody and Thomas Hynes, who are charged with the murder of Constable Goldrick on 22nd. January, were again formally remanded for eight days. They were conveyed under a strong police escort from Galway Prison to the Courthouse, and formed the centre of much public interest amongst a large crowd. The proceedings took place in the Petty Sessions Clerk's Office, and only lasted a few minutes. District Inspector Leatham, Athenry, made a formal deposition, applying for a remand, stating that he had not yet completed his inquiries.
Dr. Comyn, who appeared for the accused, did not object, and the application was granted.
Copied from the Irish Times of Saturday, 1st. January 1910.
Review of Year.
On January 22nd the news was published of the murder of Constable McGoldrick who was shot near Craughwell while protecting two labourers working on an evicted farm on the Clanricarde Estate. The greatest indignation was aroused by this occurrence and a fund on behalf of the Constable's family met with a generous response of nearly £2,000 being subscribed.
Copied from the Irish Times of Tuesday, 22nd. February 1910.
CRAUGHWELL MURDER CHARGE
REMOVAL OF PRISONERS TO DUBLIN
(FROM OUR CORRESPONDENT.)
GALWAY, MONDAY,
21st February 1910. This afternoon, Michael Dermody and Thomas Hynes, who are charged with the murder of Constable Goldrick, were removed from Galway Jail, where they have been lodged since their arrest, and conveyed to the railway station, where they entered the 3.40 train, en route for Dublin. They were in charge of the Governor of the jail, who will produce them in the King's Bench in obedience to the Habeas Corpus order granted on Friday. Elaborate precautions were taken at the railway station, and a large force of police was on duty. Constables were lined along the platform, and prevented the public from gaining access to the compartment specially reserved for the use of the prisoners. Police were also on special duty on the route from the jail to the station.
Copied from the Irish Times, Wednesday, 23rd. of February1910.
MURDER OF CONSTABLE GOLDRICK.
Proposed Change of Venue.
Yesterday in the King's Bench Division, before the Lord Chief Justice, Mr. Justice Gibson, and Mr. Justice Boyd, the case of the King v. Michael Dermody and Thomas Hynes was listed. The defendants were brought up on a writ of habeas corpus for the purpose of pleading to an indictment charging them with the murder of Police Constable Martin Goldrick, at Craughwell, County Galway, on the 22nd. January, 1909, and also with having shot at Patrick Malone and Patrick Coady, with intent to kill, on the same date. It ap- peared that Dermody was tried at the Limerick Assizes, and the jury disagreed, and the indictment was removed by certiorari to the King's Bench Division for the purpose of having the venue changed. Both the defendants were brought up on Monday from Galway Jail in charge of the Governor, under a strong police escort, and lodged in Kilmaiham Jail. They were thence taken to the Four Courts yesterday morning, similarly guarded by police, and handcuffed. When formally indicted on the charges mentioned in the King's Bench No. 1 Court, they pleaded not guilty.
Mr. J. Linehan (instructed by Mr. J. M. Blake, Crown Solicitor, Galway), who represented the Attorney-General, said the prisoners would, of course, be remanded in custody to Galway Jail. The Attorney- General proposed to move on Friday for an order changing the venue of the trial from Galway, and it would be necessary to ask the Court for a writ of habeas corpus ad sub- jiciendum, so that the prisoners might be present during the hearing of the application.
The Court made the order sought, and the defendants were taken back, handcuffed, to Kilmainham, pending removal to Galway.
Copied from the Irish Times of Saturday, 26th. February 1910.
GOLDRICK MURDER TRIAL.
VENUE CHANGED TO COUNTY DUBLIN.
Yesterday in the King's Bench Division, before the Lord Chief Justice, Mr. Justice Madden, and Mr. Justice Wright, the case of the King v. Michael Dermody and Thomas Hynes came up on an application on behalf of the Crown for an order changing the venue of the trial of the prisoners, Michael Der- mody and Thomas Hynes, who were charged with the murder of Constable Goldrick at Craughwell, County Galway, on the 22nd. of January 1909. They were brought up from Galway Jail under a writ of habeas corpus on Monday, and had been kept in Kilmainham Jail till yesterday morning, when they were brought down to the court under the usual escort, and accompanied by the Governor of Galway Jail, who produced the return to the writ. The court was crowded during the proceedings. District Inspector Leatham, of Athenry, on whose affidavit the application was grounded, was in attendance.
The Solicitor-General, Mr. Powell, K.C., and Mr. J. Linehan (instructed by the Chief Crown Solicitor) appeared for the Crown.
Mr. A. M. Sullivan, K.C., and Mr. H. MacDermot (instructed by Mr. A.D. Comyn) appeared for the prisoners.
The Solicitor-General said he moved on behalf of the Attorney-General to change the venue of the trial from Galway to the County of Dublin, or such other place as the Court should deem proper. The prisoners had been indicted for the wilful murder of Con- stable Martin Goldrick on the 22nd. of January 1909. Constable Goldrick was on protection duty at the time, protecting two labourers who were in the employment of Mrs. Mary Ryan, who had been for some time in possession of a farm which was generally known as an evicted farm, she having by reason of such possession incurred a certain amount of unpopularity and public odium. At the Galway Summer Assizes of last year true bills were found against the two prisoners, but on that occasion there was an application on the part of the Crown that their trial should be postponed, because a fair trial could not be had at that time. Accordingly the trial was postponed, and the prisoners came to be tried at the Winter Assizes in Limerick, and after two days' trial the jury disagreed, and the further trial of the prisoners had been postponed to the next Galway Assizes. Counsel read an affidavit made by District Inspector Leatham, who stated that a defence fund had been raised in Co. Galway to defend the prisoners, collections had been made in most of the districts from which the jurors were drawn, and the collections had been advertised widely in the local papers, and notices posted on chapel gates. House-to-house collections had also been advertised, and in some of the advertisements and notices allegations were made of the innocence of the accused, and reference was made to the alleged flimsy evidence against them. Deponent had also reason to believe, and did believe, ment in favour of the Crown, said that in a case of this sort, where men's liberties, and that there had been a canvas in favour of the prisoners amongst the jurors likely to be summoned to the Galway Assizes, and he believed that it would be impossible at present, in the venue of the County of Galway, to obtain a fair and impartial trial of the prisoners upon the indictments found against them.
Mr. Justice Wright - Has there been any answering affidavit?
The Solictor-General - No affidavit that I am aware of.
Mr. A.M. Sullivan, in opposing the application, referred to the delay in bringing the prisoners to trial, pointing out that they might have been tried in June last. They had each pleaded three times, and one of them had been tried once, and they had been in custody now for twelve months. That was a nice reflection on the conduct of the Crown in the administration of justice in the present case.
Mr. MacDermot followed on the same side, and, Mr. Powell having replied.
The Lord Chief Justice, in giving judg-
perhaps lives, were at stake, he was very anxious not to say anything that might in the least degree prejudice their trial. The change of venue to Dublin would only cause a delay of about a month. With regard to the feeling in Galway, Mr. Leatham, the District Inspector, was very clear in his language, and there was one great fact in the case, namely, that his affidavit was uncontradicted. There was no affidavit made in reply; and he went into various circumstances to show that a fair trial could not be had in Galway. Mr. Sullivan had argued that the Dublin jurors would not understand the methods of a tramp as well as a country jury. He thought, however, that a Dublin jury would be particularly qualified to understand the methods of a tramp. They saw many of them passing through Dublin and elsewhere. On the whole they were satisfied that a fair trial of the case could not be had in Galway, and they accordingly changed the venue to the County of Dublin.
The prisoners were then remanded in custody to Galway Jail, and removed immediately from the Court under a large police escort.
Copied from the Irish Times of Friday, 29 th. April 1910.
CRAUGHWELL MURDER CASE.
Date of Trial Fixed.
In the Nisi Prius Court yesterday an application was made to Mr. Justice Madden to fix a date for the trial of Michael Dermody and Thomas Hynes, who are in custody on the charge of having murdered Police Constable M. Goldrick, at Craughwell, Co. Galway on 22nd. January 1909. It will be remembered that the prisoners have already undergone a trial at the last Winter Assizes, and that the jury failed to agree to a verdict. They were brought up from Galway Jail under a police escort for the purpose of this application, and after a few minutes' appearance in Court they were taken back again.
Mr. Justice Madden fixed the trial for Tuesday next.
Mr. Powell, K.C., and Mr. John Linehan (instructed by Mr. J.W. Blake, Crown Solicitor for Galway) appeared for the Crown.
Mr. A.M. Sullivan, K.C., and Mr. H. Mac- dermot (instructed by Mr. Comyn, Loughrea) appeared for the prisoners.
Copied from the Irish Times of Wednesday, 4 th. May 1910.
CRAUGHWELL MURDER.
PRISONER ON TRIAL IN DUBLIN.
Yesterday morning, in the Nisi Prius Court, No. 2, before Mr. Justice Madden and a jury, the trial of Michael Dermody and Michael Hynes, for the wilful murder of Constable Martin Goldrick, R.I.C., at Craughwell, on January 22nd., 1909, was fixed to begin.
It was intimated by counsel for the defence that the prisoners would not join in their challenges.
The Attorney-General then declared that he would only proceed with the trial of Der- mody. Hynes was removed from Court, but on the application of counsel for the defence was kept within the Court precincts.
The County Common Jury panel was then called over, but as so many jurors were ordered to stand by or challenged a considerable time was occupied in selecting the requisite twelve.
Several jurors were fined sums of £10 for not answering to their names.
The Attorney-General, M.P.; Messrs. J. B. Powell, K.C., and John Linehan (instructed by Mr. J.W. Blake, Crown Solicitor, Galway) prosecuted.
Messrs. A.M. Sullivan, K.C., and H. McDermott (instructed by Mr. A.D. Comyn) represented Dermody.
The following were sworn on the jury:-
William Black, Henry Kearney, William Clarke, Edward Black, Wiliam Charles Keown, Joseph J. Wicklow, William Black, Herbert Green, Frederick E. Green, William Heep, John Mellon, and Patrick Smith.
Copied from the Irish Times of Wednesday, 4 th. May 1910 (continued).
ATTORNEY-GENERAL'S OPENING STATEMENT.
The Attorney-General, in stating the case for the Crown, said that this was the second trial of what had become known as the Craughwell murder. The crime was committed on the 22nd. of January of last year, in the County of Galway, and under circumstances that he was sorry to say, revealed a very serious and dangerous state of affairs prevailing in the district in or near Craughwell. By the crime a young police constable named Martin Goldrick, not more than 23 or 24 years of age, lost his life at a time when he was most bravely discharging his duty as a police officer. When they had heard the evidence he thought they would wonder that in this country a crime of such daring could be committed by a body of men who in the circumstances must have with great audacity relied upon absolute immunity for the terrible enterprise in which they were engaged, because this fatal occurrence took place between halfpast eight and nine on the morning of the 22nd. January in broad daylight, within a very short distance of the village of Craughwell, and in circumstances that would have led men of more caution, or any men, no matter how reckless in ordinary circumstances, to be more careful, and anxious before committing themselves to the peril of such an enterprise. In the village of Craughwell there was living a Mrs. Ryan, a widow, and she in the year 1907 became possessed of farm, known as the Templemartin farm, half a mile from Craughwell on the Athenry side. Her possession of that land gave some irritation, or was made at least a pretext for some objection, not so far as he could gather on the part of the previous possessor, but of some other persons in the neighbourhood, with the result that unquestionably a considerable amount of ill-feeling was entertained at least by some persons towards Mrs. Ryan. Various matters occurred to show this, but the culminating one, to which he alone would draw their attention, was this fact, that in the month of June 1907, a wall, which bounded her farm from the public road was maliciously thrown down, and between that period and January 1909, she was unable to get it rebuilt. In the month of January, 1909, two masons came some 10 or 20 miles to Craughwell for the purpose of rebuilding the wall for Mrs. Ryan. They were named Patrick Malone and Patrick Coady. After their arrival at Craughwell these two men took up their residence at Mrs. Ryan's, and for the next eleven days lived at her house. It was their custom to go each morning at 8 o'clock from Craughwell to the Templemartin farm, about half a mile away, being in every case accompanied in each direction by an armed policeman. They returned to Mrs. Ryan's for their meals, came back again to the work, and finally, in the evening went back to Mrs. Ryan's, being afforded police protection on each passage. On Friday morning, the 22nd. of January, the terrible occurrence that they were now in- vestigating took place. On that morning Constable Goldrick was to perform pro- tection duty in respect of these two men who were working at the Castlemartin farm. The masons and the policeman left Mrs. Ryan's for the farm at 8.20, and reached the place about 10 minutes later. The masons began their work at 25 minutes to nine, the constable standing on guard 10 or 15 yards from the place where the two men were working. They were not more than five minutes at their work, when from across the adjoining railway line, in the vicinity of a whitethorn bush, a shot was fired in the direction of the two men, Malone and Coady, with the result that Coady was hit in the face and neck by that shot, while Malone got a grain or two in his right side. Coady screamed and fell, and his companion, Malone, turned round in the direction from which the shot came, and the moment he turned a second shot was fired, and it took effect on him on his right arm and side, and also hit Coady who had risen after his fall. Coady fell for a second time, but Malone was not knocked down. Then Malone realising the position, realising that somebody was taking popshots at him and his com- panion, ran in the direction of Templemartin Bridge in order to escape from the danger with which he was confronted. Coady was lying on the ground, and Goldrick had been left unscathed up to this. While Malone ran, as showing the determination of the men engaged in that terrible attack, two shots were fired at him, which fortunately failed. One hit the wall in front of him, and the other hit the wall immediately behind him. Having got a certain distance towards the Templemartin Bridge, and thinking he was going into a district not particularly friendly to him, he retraced his steps to Craughwell, where he knew that he would have the pro- tection of the local police. Goldrick, an eminently brave young man, seeing what had occurred under his very eyes - one man confronted, as he was, by a terrible danger, and not at the time probably conscious of the great strength of the force opposed to him, like the sterling soul he was went alone in pursuit of the men engaged in that terrible crime. He divested himself of his belt, and revolver holster, and took his revolver with him. He crossed the intervening walls, and crossed the railway line in pursuit of the men who had been firing from the shelter of the whitethorn bush. The men apparently took fright, seeing the action of the policeman, and although there were as many as eight of them, they cleared off, dividing into two groups, one of five and another of three. The three men were each carrying guns, and possibly by reason of the fact that they were hindered by them in their progress the con- stable, revolver in hand, was overtaking them. The constable had now also divested himself of his great coat, and it would be shown that up to the time he discarded his coat no injury had been sustained by him. During the pursuit a man named Bartley Noctor, a migratory labourer, and the son of a farmer in Connemara, providentially arrived on the scene. Noctor heard the shots while he was coming along outside Craughwell. The man had slept in Athenry the previous night, and had started out that morning on his journey. Looking to the right of him he saw a policeman running after three men, who were flying from him, each of them carrying a gun. Noctor also saw another group of five men running in a somewhat different direction. Standing on the bridge Noctor had a clear view of the three men in front, and of the policeman behind, except for a moment when the scrub intervened. The policeman, who was gaining on them, fired two revolver shots. The three men felt that they were being closed on by this active young man, and one of them fired a shot at Goldrick, which hit him on the left side, bringing him to the ground. This oc- curred in full view of Noctor. Two of the men stood, but the third appeared to have made his way off the scene. These two men, one of whom had fired a shot, advanced a distance in the direction of the road when, to their horror they saw a strange man stand- ing on the Templemartin Bridge, a distance of about 260 yards away. They knew that they were being overlooked. Goldrick was lying wounded on the ground, and they were con- fronted with what might be a serious situation, if they could not rely on the silence of this strange man. One of them shouted to the man on the bridge to stand, and the two of them went up to him. One of them put a rifle practically to his chest, and told him that if he spoke a word about what he had seen that they would take his life, or something to that effect. Noctor put them off by saying that he would not say a word about it, that he was the same as themselves. The two men had their faces a little blackened, but not to such an extent as to in any way in- terfere with identification, and Noctor would tell them that the man who pointed the gun at him was the prisoner, Michael Dermody. Goldrick lay on the ground during all this time, bleeding from his wound. He had apparently propped himself up against a stone and had taken out his handkerchief for the purpose of staunching his wound, because portion of the handkerchief was afterwards found on one of the bushes beside which he was sitting. Goldrick was not yet dead, or anything like it, but was out of action, and certainly not visible to Noctor. The two men, after the interview with Noctor on the bridge, came back again into the field at the corner of the road, and proceeded in the direction of the gap where they had left poor Goldrick. It was not his (the Attorney- General's) duty to harrow their feelings, but it was a revolting tale to tell. Instead of keeping the way they took going to the bridge they kept on the railway side of the hedge, where they would be out of view of Goldrick. They knew that the policeman had a revolver, and they surmised that he was not yet dead. In order to take the shelter of this hedge they came down by the railway side of the hedge, and emerged close to the spot where Goldrick was lying. When they were coming back the prisoner exchanged his rifle for the gun which the other man carried. Both men came suddenly in view of the constable, and Dermody raised the gun which he had taken from his companion, and standing at a range which could not have been more that three or four yards away, pointed the gun at him, at such close range that the entire pellets entered into the poor man's body, hit him on the left chest, and bored a hole into his body, a concentrated wound some couple of inches in diameter, causing him an absolutely instantaneous death. Goldrick lay where he was shot. Noctor witnessed this act, and then saw the men pass away into Crimmage wood. The period of the morning at which Noctor left Athenry, 8-30, would just allow him time to arrive beside Craughwell, a distance of five miles off, when these occurrences were in progress. His statement, as they would hear it, would be corroborated by Constable Kane as regards the actual number of shots fired, and the periods of time intervening between the different shots. As soon as information was conveyed to the barracks as to the morning's occurrences, the police went out in search of information. One party consisting of a sergeant and two constables, called at Dermody's house and found his father, brother, and sisters at home, but failed to see the prisoner. The sergeant and one of the constables went away, leaving Constable Coyne behind, and he would tell them what happened while he was there. About ten o'clock the brother James went out mounted on a horse, and proceeded by a boreen towards a lake below the house. A few minutes afterwards James returned to the house without the horse, and mounting a second horse, drove out some cattle. Soon afterwards Coyne was able to see another man on a horse riding in a circuitous way towards Craughwell. That man, who in a mysterious way got possession of the horse from his brother James, was the prisoner Michael. The prisoner rode into Craughwell apparently with the object of showing that he was about his business that morning. But the police by whom he was met noticed that his coat was torn in at least one place, and that his boots were wet. The night was wet, and the grass was wet. At Craughwell the police brought the prisoner into the barracks, and they saw that his hand was deeply scratched, and that both his legs were scratched and bloodstained, just as you would expect would be the case when a man had been running desperately through a scrubby country. That day Dermody and another man were arrested for the murder, and were kept in custody until the 26th of February following, when they were released owing to the failure of the Crown evi- dence. On the occasion of his release, when he was being welcomed home by his friends, Noctor saw him at Craughwell, and immedi- ately identified him as the man who had threatened him on the bridge on the morning of the murder. On a subse- quent day Noctor again recognised the priso- ner in a publichouse, and on the 22nd. of March, for the third time, he identified the prisoner picking him out from amongst nine men in the barracks at Athenry. This man Noctor had nothing in the world to gain by the evidence he was giving. Either he was telling the truth, or he was a devil hot from hell. Noctor would swear with absolute firmness, knowing the consequences to Dermody, that Dermody was the man who was betrayed into firing that most brutal, fatal shot. They would have this case presented to them, and supported by testimony that, with all the im- perfections that could be charged against human testimony, remained at the end solemn and unchangeable, bringing home complicity in this terrible crime to the young man who was now charged with it. While they would be most scrupulous of the prisoner's interests, anxiously, benevolently inclined towards him, at the same time if the evidence in their judg- ment brought home guilt to him they must find a verdict of guilty. Otherwise the foun- dations on which their safety and security rested would disappear, their lives would be imperilled, and they would lack that justice which the law and civilisation demanded for their protection.
EVIDENCE FOR THE CROWN.
Mr. Wm. Binns, C.E., gave evidence, in answer to Mr. Powell, as to the accuracy of the maps produced by the Crown, and on which the various points mentioned by the Attorney-General were marked. He spoke as to the range of vision that a person standing on Templemartin Bridge could have in the direction of the gap where the body was found.
The witness was cross-examined by Mr. Sullivan with the object of showing that a person on the Templemartin Bridge would have his view interrupted by bushes at times between the wall which was being repaired and the gap where the body was found.
Mr. W. Kaye-Parry, C.E., gave evidence as to the accuracy of a model prepared under his personal supervision of the scene of the murder. Noctor, he said, pointed out to him the spot where he stood on the bridge when the murder was committed.
The Court adjourned until this morning.
Copied from the Irish Times of Friday, 6th. May 1910.
MURDER OF CONSTABLE GOLDRICK.
TRIAL OF DERMODY.
THIRD DAY.
Yesterday morning, in the Nisi Prius-Court, No. 2, before Mr. Justice Madden and a County Common Jury, the trial of Michael Dermody, on a charge of murdering Constable Martin Goldrick, at Craughwell, Co. Galway, on the 22nd. of January, 1909, was continued.
The Attorney-General, M.P.; Mr. J.B. Powell, K.C., and Mr. J. Linehan (instructed by Mr. Blake, Crown Solicitor, Galway) prose- cuted, and
Mr. A.M. Sullivan, K.C., and Mr. H. MacDermot (instructed by Dr. Comyn, Gal- way) defended.
Evidence was given by Sergeant Mooney and Sergeant Reed as to photographs taken by the latter.
Constable Patrick McDonald stated that on the morning of the 22nd. January 1909, he was one of the search party who went through the fields in the neighbourhood of the Templemartin farm. He found Goldrick's coat, and later on he saw the body of the deceased constable in the gap. He corroborated the evidence already given as to the position in which the body lay. When the party had completed its search here witness went off in the direction of Crinnage wood. At 10.35 he saw the prisoner on horseback talking to two men named Speelman and Callanan. The right sleeve of his coat was torn. A few minutes later witness saw Jas. Dermody, also on horseback, driving some cattle into a field.
In cross-examination by Mr Sullivan, the witness said he had sworn that Goldrick's body was lying across the gap, because his legs were across it.
Constable Hunt also deposed to seeing the prisoner on horseback on the morning of the murder at 10.35. He gave evidence as to the position of the body.
In cross-examination, the witness said he heard the medical evidence at Limerick. He heard the point emphasised that if Goldrick was sitting across the gap he could not have been hit in the manner described. Before that point was made witness swore in his deposition of the 13th. of April, 1909, "I saw the dead body of Constable Goldrick in the gap with the face towards the railway, and the back to Crinnage."
Was that true? It was true.
Was it not because of the trial in Limerick that you now say that the man was found at the gap as in that photograph? Yes, he was looking out of the gap.
Mr. Justice Madden-You are answering a different question.
Mr. Sullivan-You now know the import- ance of the position at the gate? I do.
You know that if he was across the gap he could not have got that wound from the position marked Z on the map? I don't know.
Sergeant Luke McGowan stated that he found a pocket handkerchief about 72 yards from the body of the constable, in the direction of the Crinnage Wood.
Acting Sergeant Patrick Murphy also gave evidence as to the position of the body, and the finding of the cartridges.
District Inspector Leetham stated, in answer to the Attorney-General, that he went to the scene of the murder about a quarter to eleven on the morning of the 22nd. January, 1909. The body showed several wounds.
Did the chief wound on the left side ap- pear to have received the whole of the charge? Yes, in a lump.
And that being so, the shot could not have scattered? No.
If you be right in that, the shot in that case could not account for the wounds else- where? No.
Must the shot that produced the concen- trated wound have been fired a close quar- ters? Yes; at no more than six yards' range.
And at what range would the shot pro- ducing the other wounds have been fired? About 20 yards.
The witness produced the tunic which the constable had worn, and pointed out the mark where the shot entered at the left breast. There was, he said, a series of smaller punctures lower down along the arm.
What did you observe about the man's clothes?
The tunic was unbuttoned, and there were streaks of damp mud along the left side of it. His hands were both muddy. The morning was very damp, and the roads were muddy.
In reply to further questions the witness said there was grass up to within a yard of the gap, but in the gap there was no grass. There were several embedded stones in it. There were shot marks on the bushes beside where the body lay. It was utterly impossible that the shot which caused the concentrated wounds could have caused the marks on the bushes, but the shot which caused the scattered pellet marks on the body could have caused the marks on the bushes. He had seen the six cartridges found that morning. They were all dry, and, conse- quently, had been recently discharged. In the afternoon of the murder witness saw Dermody in Clasby's public house. Witness cautioned him, and questioned him as to his movements, and in reply the prisoner said that he went to bed on the previous night at 9 o'clock, and was in bed with his father that morning when Sergeant Mooney called. Witness noticed that the prisoner's coat was torn in the sleeve and back, and that there was a fresh scratch on his hand, also fresh scratches on his leg. The scratch on the right leg was deep. When asked how he came by the scratches he became nervous and fidgetty. He refused to answer some questions as to how he got the wounds.
Then you arrested him?
Yes, and it was difficult to handcuff him as he was so nervous. He was kept in custody till the 26th. February.
Proceeding witness said he was present at Athenry in March, when the identification took place by Noctor. Noctor walked up the line of nine men, and then made a communication to one of the officers. A head-constable then walked with Noctor, who put his hand on the prisoner.
Cross-examined by Mr. Sullivan - The prisoner was discharged on the 26th. January for want of sufficient evidence. Constable Colleran pointed out where the gun wads were picked up, and witness measured the distance, which was 10 or 11 yards from the whitethorn bush. He did not know if he made the measurement since the Limerick trial, but he thought it was previous to it.
Re-examined by the Attorney-General - During the identification at Athenry witness, in plain clothes, walked along the line of men with Noctor the first time he passed by them. There was not a particle of foundation in the suggestion that witness, in order to buttress up the case, was giving evidence as to the finding of the wads ten yards away.
Head Constable Thomas Nealon gave corroborative evidence as to the interview between District Inspector Leatham and the prisoner in Clasby's public house on the day of the murder. Witness saw the prisoner's torn coat, and the fresh scratches on his hand and legs. The prisoner would give no explanation of these.
Dr. P.J. Quinlan, Athenry, examined by the Attorney-General, said that he reached the scene of the murder at 20 minutes to 11 o'clock on the morning of the 22nd. of January, Goldrick was then dead. There was a large round mark under the collar bone on the left chest. A post mortem examination was made the next day by wit- ness. There were pellet wounds on the arms and chin, chiefly the left arm. The wound on the chest covered a radius of 12 inches over the second rib. There were about 60 pellet marks inside the circle. The wound in witness's opinion, received the whole charge. As some of the perforations were confluent there must have been more than 60 pellets. There was no scattering. The shot must have been delivered at 5 to 8 yards. The shot broke the second rib, passed through the top of the lung, severed an artery, and lodged in the second rib, behind near the spinal column. The wound could be traced downwards, inwards, and back- wards. In witness's opinion death must have taken place within a second. No motion would be possible on the part of the man after receiving that wound. There were on the left arm, forearm, and hand, about 40 pellets, two on the left side of the abdomen, one on the right upper arm, and one on the right side of the chin. From witness's knowledge of firearms, the shot in this case must have scattered at the time the man was hit. The shot was probably fired at a range of 25 yards. That shot would not have been fatal, but a man running, who got such a shot, would be temporarily disabled.
Cross-examined by Mr. Sullivan - The probability was that a man who was running and was knocked down by the loose shot would fall on his face. It would be probable that in such a case there would be contusions and abrasions on the face, but none such appeared on Goldrick's face. Malone received a similar wound, though not so deep as the constable's. But he was able to run after he was hit. Goldrick was a stronger man, and witness could not say why he should collapse. It was a matter of a man's nerve and temperament. As soon as Goldrick would recover consciousness from such a wound, which would probably be one to three minutes, he would likely be as good a fighting machine as ever.
Re-examined by the Attorney-General - A man in Goldrick's condition might be shot by men coming stealthily at the back of a hedge. The amount of time that he would be unconscious was purely speculative.
The Court adjourned until this morning.
Copied from the Irish Times of Saturday, 7th. May 1910.
MURDER OF CONSTABLE GOLDRICK.
TRIAL OF DERMODY.
FOURTH DAY.
Yesterday, before Mr. Justice Madden and a County Common Jury, in the Nisi Prius Court No. 2, the trial of Michael Dermody on a charge of having wilfully murdered Constable Martin Goldrick at Craughwell, County Galway, on the 22nd. January 1909, was resumed.
The Attorney-General, M.P.; Mr J.B. Powell, K.C., and Mr. J. Linehan (instructed by Mr. Blake, County Solicitor, Galway), prosecuted, and Mr. A.M. Sullivan, K.C., and Mr. H. MacDermot (instructed by Dr. Comyn, Gal- way), defended.
Dr. J.F. Ryan, of Loughrea, in answer to the Attorney-General, said he examined the body of Constable Goldrick. There was one concentrated wound, which bore a hole through, and shattered one of the ribs, and tore up one of the lungs. Death must have been instantaneous. In his opinion, the wound received the full contents of the charge. The shot was fired at a range of about five yards. The wound was about three inches in diameter. There were other wounds on the arm, right side, and chin. They were much scattered, and the range must have been a good deal further. These wounds must have been caused by a different shot from that which caused the great wound. The smaller wounds would have been caused by a shot fired at about twenty-five yards.
'I believe I am right in saying that the effect that such injuries as those caused by the minor wounds would vary in different cases?' Yes.
Assuming the scattered shot reached him when he was in the heat of pursuit would the effect be influenced by that fact? In the heat of pursuit the shock would be less than if he were standing. Of course a great many conditions have to be taken into account.
While the scattered shot might check him would it knock him down? My opinion is that it would not knock him down. It would depend on the equilibrium at the time.
Cross-examined by Mr. Sullivan - Assuming that he was knocked down, was there anything in the shock to prevent his instantly getting on his feet, and continuing his journey? I think not.
And pursuing as before? Yes, in a modi- fied way, but not as well as before.
Was there on the body the slightest bruise or abrasion to indicate that he did fall? No.
County Inspector Thomas J. Smith was then called by the Attorney-General.
Mr. Sullivan said he had received no notice whatever of the fact that the County Inspector was to be examined.
Mr. Justice Madden - Was he examined before?
Mr. Sullivan - No.
The Attorney-General said under the circumstances he would not examine him, as he desired to do nothing that would prejudice the case. What he wanted from the County Inspector could be got from a head-constable.
Head-Constable Needham was then re-called and gave further evidence as to the condition of the bushes at the gap where the body was found.
This closed the case for the Crown.
THE DEFENCE
Mr. Sullivan, K.C., then addressed the jury on behalf of the prisoner. He said he would prove to them that the story of Bartley Noctor was inconsistent in every known fact that appeared or was ascertained on the 22nd. of January 1909. That was the choice that was laid before the jury at the previous trial. Now not only two, but three cases had to be considered. There was, first, the case before Bartley Noctor, and every fact of which contradicted Bartley Noctor, then the case of Bartley Noctor, and now the case of the Attorney-General for Ireland, who completely abandoned the story of Noctor, so far as it affected the killing of Goldrick, and clung to the story that Noctor told the truth when he said that two men came up to the bridge and spoke to him. They had the Crown deliberately abandoning the story of the occurrence as told by Noctor, and asking the jury to hang on to the other fragment of Noctor's case. They abandoned the part that could be tested by collaborative evidence, they found that the evidence was inconsistent with it, and they destroyed it. Then the story that no man could collaborate or deny, for the prisoner could not be examined, was presented. Counsel wished at the outset to direct the attention of the jury to a matter of very great importance. Malone, who was fired on while engaged on re-building the wall at Templemartin, had declared in his deposition, made 24 hours after the events referred to - "I then ran in the direction of Craughwell, and I met a constable running towards where the shots were fired. I next saw Sergeant Mooney on a bicycle, and five or six more constables running, and I did not see anyone about." that evidence, as corrected, counsel accepted as absolutely true. It was not Malone, but Mrs. Ryan's son, who brought the alarm to the police barrack. Malone flying on the wings of fear, meets the policemen coming out. But the police met Bartley Noctor 100 yards behind Malone. Malone, who had run for his life after the fusillade, and before the first shot was directed towards the constable. Dealing with the finding of the body of Goldrick, Mr. Sullivan said there was no doubt until after the St. Patrick's Day of last year as to how the constable had met his death. Those whom he was pursuing had turned on him. He was shot first with a scattered shot, 40 pellets in all lodging in him. He was a young, light, active man. The shot, it was evident, could not have dis- abled him or knocked him down. There was no doubt that Goldrick was killed in the gap by some of those whom he was pursuing and overtaking. He was shot at almost horizontally by some person who stood towards his left hand. While the police were searching the country high and low for everybody who might throw any light on this murder they completely ignored Noctor. Why? Because he was in the town of Craughwell at the time when the police were satisfied that he could have known nothing about the outrage. Now, how was the body found. There had been a great deal of shifting about this, and it was an unpleasant feature of the case. This photograph (produced) was not put into the hands of Traynor, the man who found the body. Was it not an uncreditable thing, where not merely one, but three human lives were at stake, to find policemen adjusting their testimony to any wind that blew, in order to make out any new theory that the Crown proposed? The first police theory as to the position of the body was shattered by the medical evidence at Limerick and now the police shifted their ground. Returning again to Noctor, counsel asked why if Noctor's story as to what he had seen in January was true, did he return to Craughwell in the following month. If he saw the assassins at the bridge the assassins saw him. He saw them treat a wounded policeman as you would not treat a wounded dog. Why did he venture back here, and not alone that, but even hold frequent communication with the police in the public streets? Then consider the complete improbability of the story told by Noctor. These two men having shot the policeman, were making off in the direction of Crinnage Wood when they saw Bartley Noctor a distance of over 300 yards away. They came back all this distance, and asked him not to tell what he had seen, and he consented. These two men ventured this journey although police were pouring after them. Noctor himself declared identi- fication to the impossible at such a distance. Why did the men come back? Why did they put their chance of escape in deadly peril? Not to shoot Noctor, but merely to talk to him. Counsel supposed they were so pleased with his face that they did not care to touch him. Proceeding, counsel said that the part of Noctor's story which was subjected to test had entirely broken down, and that being so, why should they be asked in a case of such importance to rely on the rest of his evidence? Did they believe Noctor? If they did not there was no system of jurisprudence so infamous as to admit of the conviction of a man by the testimony in the case. If they could not believe that Noctor was a truthful and ac- curate witness they must acquit the prisoner.
Sir Thomas Myles, examined by Mr. Sullivan, stated that he had read the certified evidence given on the previous day as to the scattered shot that struck Goldrick.
In your opinion, would that wound have knocked down or rendered senseless a young, strong, healthy man? No.
Have you any doubt about that? None whatever.
In answer to further questions, witness said that by a curious coincidence he was the surgeon who attended Malone. His injuries were on the right side. He had about 60 pellets. There was no reason why Goldrick should have suffered more than Malone, assuming that the character of the shot was the same. The shot that struck Malone was No. 4.
Mr. Justice Madden - I think it was No. 2 in the case of Goldrick.
In cross-examination by the Attorney- General, the witness said that No. 2 shot would be bigger than No. 4. As a consequence the penetration would be greater in the case of Goldrick. There was that distinguishing element of comparison.
If I were to be fired at at a distance of 25 or 30 yards with a charge of 40 pellets don't you think I would fall at once? I don't think it would take a feather out of you (Laughter.) I know you too well.
Coming on to the stony ground approaching this gap, take a man running as hard as he could with his equilibrium less stable than it would if he were standing, can you go the length of saying that such an injury as was received in this case might not have the effect of bringing the man down? I don't say that at all.
It might have brought him down? It might in the sense that a push would knock him down, or in the sense of tripping him, but there is a great difference between that and unconsciousness.
You heard THE POSITION IN WHICH THIS MAN WAS FOUND - ONE LEG EXTENDED, AND THE OTHER rather under him? Yes.
Supposing you find a man sitting that way - struck on the ground with one leg extended, and the other immediately under him, is not that a posture suggestive of a sudden attempt possibly to rise? Yes, but it might equally be the posture of a man who put his leg behind him to save himself falling. The witness said he had read the description given of the fatal wound.
Does the course of that would indicate that the man who fired at G oldrick was in a commanding position over him? No.
Re-examined by Mr. Sullivan - A sitting man, receiving such a wound as Goldrick received in the breast, must have been leaning with his head very far back.
This concluded the evidence.
Mr. Macdermot then addressed the jury for the defence. He said that never in the history of criminal cases had any story more absolutely incredible, more impossible of belief than that of Noctor been put before twelve jurymen.
REPLY FOR THE CROWN
Mr. Powell replied for the Crown. He said that in dealing with the district where this murder took place they were dealing with a country where men could be procured in the open light of heaven to assassinate their fellow creatures. Noctor was corroborated in every word of his story when he said that he was standing at that bridge, and saw the first shot and the last shot. If Ryan brought the alarm to the barracks he did not bring it until ten minutes to nine, and all the superstructure brought to bear on that fact by Mr. Sullivan, the suggestion that Ryan was running breathless with information to the police, fell to the ground in view of Sergeant Mooney's evidence as to the time at which the police learnt what was going on. Noctor had from fourteen minutes to nine until six minutes to nine, that was eight minutes, to come from the bridge to the chapel, a distance of 910 yards, or about half a mile. He had eight minutes in which to do half a mile, and whether he walked or whether he ran, he could reach the chapel from the bridge in that time. It was not denied that Noctor was on the bridge when the first shot was fired, but the case for the defence apparently was that he saw the first shot, and after the first shot he ran away. If he saw the first shot fired he saw the other shot fired four minutes later.
The Court adjourned until this morning
Copied from the Irish Times of Monday, 9 th. May 1910.
{ N.B. King Edward VII died at 11.45 on the 6th May 1909 .}
MURDER OF CONSTABLE GOLDRICK.
TRIAL OF DERMODY.
PRISONER FOUND NOT GUILTY
The trial of Michael Dermody, charged with the wilful murder of Constable Patrick Goldrick, at Craughwell, Co. Galway, on the 22nd. of January 1909, was resumed on Saturday morning in the Nisi Prius Court No. 2, by Mr. Justice Madden and a County Common Jury.
The Attorney-General, M.P.; Mr. J.B. Powell, K.C., M.P., and Mr. J. Linehan (instructed by Mr. Blake, Crown Solicitor, Galway) prosecuted, and Mr. A.M. Sullivan, K.C., and Mr. H. McDermot (instructed by Dr. Comyn, Gal- way) defended.
Mr.Justice Madden, on taking his seat on the Bench, at once addressed the Attorney- General. He said, in a voice broken with emotion - Mr. Attorney-General, it is evident that the nature of the trial in which we are now engaged renders it impossible that this Court should be adjourned in view of the calamity which has befallen this Realm by the death of His Majesty the King.
While Mr. Justice Madden was speaking all persons in Court remained standing.
The trial of the case was then resumed.
Mr. Justice Madden proceeded to charge the jury. Referring to the action of Goldrick in pursuing the men who had fired on Coady and Malone his lordship said many instances of devoted service could be found in the history of the Royal Irish Constabulary, but a nobler example of prompt and unhesitating obedience to the call of duty could not be found in any branch of the public service than that afforded by this young Irish constable when he proceeded single handed to almost certain death in pursuit of the assailants of Coady and Malone. That was the one bright spot in a dark picture. In this case the Crown had laid before the judge and jury all the facts that they were able to ascertain. These facts had been sifted, examined, and commented on for the defence in a manner eminently satisfactory in the interests of justice. They felt certain that no available fact had been left out of the case, and that no comment on the one side or the other had been omitted by which the jury or the judge could be assisted in the discharge of their duties. Dealing with the evidence of Noctor, Mr. Justice Madden said that it came under two different classes of consideration. There was first his detailed account of the occurrence itself, and secondly, there was his identification of the prisoner as the actor in it. The jury might accept one, and not accept the other. They were subject to different considerations. The first question they had to ask themselves was had the witness an opportunity of seeing the scene, which he described, and he thought they would come to the conclusion that he had. He (Mr. Justice Madden) had gone carefully through the hours and minutes in this case, and certainly so far as the matter of time was concerned it at all events led him to the conclusion that Noctor must have been at or about the bridge at the time that the murder took place. If he was on the bridge when the first shot was fired he would do either of two things, either run away and hide, which he did not do, or wait and see the end of the tragedy, and time admitted of the latter theory. On the assumption that he saw the first shot that was fired, and that he waited to see the conclusion of the tragedy, could he really have seen what occurred? The distance was 266 yards, and Mr. Kaye Parry, the eminent engineer, to whom they were indebted for an admirable model, had told them distinctly that from the place where Noctor was alleged to have stood on the bridge he could clearly see the attitude of a man pointing a gun towards the gap from the place where, according to Noctor, the fatal shot was fired. The jury now had to ask themselves carefully and calmly whether they were satisfied beyond the fair and reasonable doubt that they might entertain in the ordinary affairs of life, of the truth in all essential details of the story told by Noctor. If they were they must find a verdict of guilty, but if any reasonable view of the case presented itself to them consistent with the innocence of the prisoner it was their duty to give him the benefit of the doubt. The one question he would ask them to answer was whether the prisoner, Michael Dermody, be guilty or not guilty of the murder of Martin Goldrick.
The jury retired at five minutes to 1 o'clock, and after an hour's absence returned to Court, when a note was passed by the foreman to the judge.
Mr. Justice Madden - A juror wants to know if Michael Dermody was one of the party can they return a verdict of not guilty. I think, gentlemen, I have already explained to you with a certain amount of clearness the issue which you are to try. If you hand down the issue paper I will read it.
The Foreman - We have left it in the jury- room.
Mr. Justice Madden - Before answering your question, I will ask you this question; by being one of the party do you mean one of the party described as the party of eight who were the assailants of the two men - is that what you mean?
The Foreman - Yes, my lord.
Mr. Justice Madden - From the use of the word party I thought that was what you did mean. The issue you are to try is whether the prisoner, Michael Dermody, be guilty or not guilty of the murder of Martin Goldrick. That, and that only, is the issue before you, and you must consider whether on the evidence laid before you you are satisfied beyond reasonable doubt that the prisoner was guilty of that particular crime. I think that answers your question sufficiently. You are not trying any other crime; you are not trying the prisoner for any other crime, and that, and that only, is the issue you are to try.
The Attorney-General - I don't like to say anything in the presence of the jury, but possibly your lordship would ask them to retire and await any possible further instructions that you might give them.
The jury then retired by direction.
The Attorney-General - Of course this a very grave matter, and I respectfully ask your lordship to tell the jury that if they believe Michael Dermody was one of the party engaged in the original criminal enterprise, and that this murder of Goldrick occurred as incidental to that, and to prevent apprehension, and to defeat the attempt of the policeman to bring them to justice, that each and every one of the men engaged on that enterprise was guilty of every act committed.
Mr. Justice Madden - That is not the aspect of this case presented by the Crown to the jury. The question asked by the juror is a very natural one. They are all of the opinion that there is a certain amount of evidence that these eight men were involved in the original crime, and they ask me a simple question, to which I gave a definite answer.
The Attorney-General - I think your lordship's answer excludes the view that I present.
Mr. Justice Madden - They were asked on the evidence of an eye-witness to convict Michael Dermody of a definite offence, and I am not going to allow another case at large to go before the jury at this stage.
On the application of Mr. Sullivan the jury were then recalled.
Mr. Justice Madden - I give you back the issue paper, and I have to say that I have no further directions to give you than what I gave when you came out first. You will now retire.
The jury again returned to the Court at 10 minutes to three with a verdict of not guilty.
Mr. Justice Madden - Is there any other charge against the prisoner?
The Attorney-General - Yes, my lord, there is.
Mr. Justice Madden - Very well, let him be remanded in custody.
The Attorney-General - In the County of Dublin?
Mr. Justice Madden - Very well; what is the position of the other prisoner?
The Attorney-General - I ask that he also be remanded in custody in the County Dublin.
Mr. Justice Madden - Very well.