PATRICK HOGAN / OTHER CONFLICTS

PATRICK HOGAN

In 1923, the Civil War was very much still making its’ presence felt in Tipperary. Tit for Tat killings, ambushes and disappearances were all too commonplace.

February see’s the encirclement by National Army forces and subsequent killing of Dinny Lacey with the resultant loss of an effective Anti Treaty column in South Tipperary.
On the 2nd of March 1923, Anti Treaty IRA officers Paddy Ryan Lacken and Sean Gaynor had been captured.
On the 3rd of March Sergt Thomas McGrath was the fourth soldier to be shot in Tipperary within a month. He had been in civilian clothing but was found with a “Spies beware” notice pinned.
On the 9th of March 1923 an Anti Treaty prisoner called William Gleeson was shot dead in Nenagh Barracks after Free State troops captured him near Cloughjordan.
On 13/03/1923 a Free State soldier was injured by shrapnel from a booby-trapped wall across a road in Ballinaclogh

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Patrick Hogan was born on 04/03/1878 at the Old Turnpike, Nenagh to farmer James Hogan and his wife Margaret Smith. By all accounts an amiable, jovial and well liked man, in the 1911 census we find Patrick (35) sharing a house with his sister Johanna (40) in the Turnpike. Both of them were single. A later pension application by Johanna in respect of Patrick states he had fought in WW! Patrick is recorded as being a Postman.

On the evening of Monday 19/03/1923, Patrick (or Brownson as he was also known) was walking down Silver St at around 7.30 p.m. At this time he was living with his equally well regarded brother John, in the Turnpike.

He came across a scene where he saw a National Army Sergeant slapping a boy across the face and firing a pistol in front of his face. The young lad was Stephen Scallan, a paperboy from nearby Johns Lane.

In his testimony at the later inquest Stephen stated that a ......

“big soldier came out of Carrolls public house and hit (me) with a revolver on his head.”

The Sergeant demanded to know who had fired that shot? Stephen replied that he hadn’t fired any shot to which the Sergeant responded with

“I’ll blow your brains out “ and fired a shot across Stephens face.

Patrick was on the opposite side of the road and made to interfere, possibly intent on stopping the bullying and to know what the Sergeant was doing. He challenged the Sergeant demanding .....

“what are you hitting that boy for?”

The Sergeant crossed the road to Patrick and Stephen made good his escape into a nearby house.

Mrs Kate Meara, also from John’s Lane stated she saw the soldier strike Stephen and then go towards Patrick and shouting .....

“Hands up!” The Sergeant responded by asking Patrick to put his hands up…

“Haven’t I them up“, said Patrick

“I’ll make you put them up, you (______)! “ said the Sergeant and then fired twice.

With the second shot Patrick fell on the flags outside James Jones house. He had been shot through the chest. The inquest would later record the fatal bullet entered the right breast lacerating both lungs and exited the left side.

Kate Meara made for nearby John Clifford’s house in order to send someone else to fetch a priest but there was no one available. To be honest, would you send one of your family to fetch a priest with a soldier loose on the street with a loaded pistol????

Some others came to Patricks assistance and more shots were heard. Father Roche and Dr Courtney next arrived and took him to Nenagh Hospital by car, however Patrick died at 9.pm without having regained consciousness.

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The first inquest was adjourned in order to consult with the military. The resumed inquest reconvened at 11 am on Tuesday the 27th and lasted until the following Wednesday morning at 01.45. The results were inconclusive. They agreed Patrick had been shot but couldn’t agree as to who had fired the fatal shot…!!

”we are unable to agree by whom the bullet was fired or as to the culpability of the person who fired it”

The Sergeant, whose name was Hayes, testified that he was in Carrolls public house on the evening in question with five other National Army colleagues. They had one drink each when a shot was fired through the open Pub door and he was struck on the right foot. Only one of the soldiers had a revolver. Hayes appropriated the pistol and went outside where he met Scallan. Scallan denied all knowledge so Hayes slapped him to make him talk. Hayes then saw a man running away and fired 5 shots after him. Hogan was caught in the crossfire and fell on the footpath. He did not deliberately fire at Hogan and if one of his bullets hit Hogan it was in pursuit of his ”military duties”.

Testimony sworn by tailor Tim Kelly stated he saw Hayes fire point blank at Hogan. This was corroborated by other witnesses Patrick Gunnell and Kate Meara.

Thomas Kennedy, the Publican said he heard a single shot when he was in the Kitchen, behind the Bar but thought the shot came from inside the pub. He made a careful examination of the shop and found no mark of a bullet anywhere whatever on the woodwork or glass. Later a piece of flattened lead was produced which he found behind the glass door of the pub and offered as evidence.

Captain English of the National Army gave a character witness for Sergeant Hayes who he revealed had been in a Flying Column in Mid Limerick in April 1920 and with the Civic Guards since June when they had formed. He had left temporarily to join the Army to fight for his country.

Patrick was interred in Monsea after a High Mass and such was the regard and sympathy for the family that practically all of Nenagh turned up for the Cortege.

First lets set the scene….from Census records I believe the incident occurred near the old Silver St Barracks with the pub being either what was later Powells or else The Miners Rest. John Clifford lived directly opposite. His sister Polly was a member of Cumann na mBan who later married one of the Maryboro contingent who took over Nenagh Military Barracks in 1922. Her brother Paddy was a second Lieutenant and had been a clerk in the IRA courts. James Jones outside whose house Patrick Hogan fell was two doors up from Cliffords. There are two Patrick Gunnells to choose from, one from either Ballalley Lane and one from Johns Lane. However one of them was dead at this time having fallen in France.

There are a number of things that don’t sit right in this story.

How long had the soldiers been drinking?
Why did Sergt Haye’s colleagues not follow him outside.
Was the owner of the gun bullied into surrendering it? Does this indicate the Sergts temperament?
Why was the publican not interviewed as to how many drinks the soldiers had had.
Why were the other soldiers not called for evidence.
Where was the boot which had been struck?
If Kate Meara, Patrick Gunnell and Tim Kelly’s evidence all agree with Hayes deliberate shooting of Hogan, why was a verdict of “unlawful killing” not brought. Surely the Coroner should have directed such an outcome? Despite Military law being in place, they were still convening the Inquest under Civil Law.
The previous October on 02/10/1922, Military Courts and General Regulations as to the Trial of Civilians came into force. The Civic Guards were still a fledgling force. The Legislation therefore was present if Sergeant Hayes suspected either Scallan or Hogan of an offence.

To my mind, this appears to be summary justice meted out by a frustrated Hayes who wasn’t getting the respect he expected. His willingness to fire a gun across a young lads face shows little or no self control. I doubt very much he had had just one drink. If he must shoot Hogan, why shoot twice as he was point blank.

An application for compensation and a pension by his sister Johanna on 28/12/1932, in respect of Patrick was dismissed because he hadn't been a member of any of the involved parties during the War of Independence or Civil War.

I couldn’t find any follow up proceedings against Hayes.