Executions January 1923 Part 1 – 8 to 15 January

Patrick Mullaney’s account of the capture of the IRA ASU which led to the execution of five of its members on 8 January 1923. All five were National Army members who were operating with this IRA ASU under Mullaney’s command. Taken from the sworn statement made by Mullaney in support of his military service pension application on 10 April 1937.

Introduction

January 1923 saw the execution of thirty-four (34) IRA prisoners by the National Army and the Government of Saorstat Éireann (Irish Free State). This would be the greatest number of executions carried out in a single month during the Civil War. The number for this month alone surpassed the number executed by the British authorities during the War of Independence – twenty-four (24) – and was not far short of the total – forty (40) – executed by the British in Ireland in the five years between the 1916 Rising and the end of the War of Independence. On one day alone, 20 January 1923, eleven men were executed in Tralee, Limerick and Athlone.

To put the scale of the executions in January 1923 into further context it is worth noting that at present the MSPC contains files for eighty-three (83) Civil War deaths for January 1923. Out of that total forty-six (46) were anti-Treaty deaths, and thirty-seven (37) were pro-Treaty. That the anti-Treaty deaths outnumber those of the pro-Treaty side in the MSPC is solely due to the large number of executions carried out that month.

January 1923 also saw the executions policy being further extended throughout the country, with ten counties – Dublin, Louth, Tipperary, Carlow, Kerry, Limerick, Westmeath, Waterford, Offaly and Laois – serving as locations for executions. Among those executed were five National Army members who were fighting with the anti-Treaty forces.

The MSPC contains files relating to thirty-two (32) of the thirty-four (34) executed in January 1923. Files have yet to be sourced for Anthony O’Reilly executed in Dublin on 8 January 1923. A file – DP8832 – relating to the request by John McNamara, Killarey, Ballina, Killaloe, County Clare for an application form to make a claim in respect of his unnamed brother executed in January 1923, may relate to Patrick McNamara who was executed at Roscrea on 15 January 1923. However, as the individual allegedly executed is not named on the file, this cannot be definitively stated.

This post will look at the material in the Collection relating to eleven of those executed in the first part of the month – 8 January to 15 January 1923 inclusive. Future posts will look at the material relating to the rest of the executions carried out that month.

As well as the material relating to the individuals’ service and execution, and the circumstances of their surviving relatives, these files also provide evidence of the difficulties which sometimes arose in the processing of relatives dependency claims. In particular some of the files provide evidence of disagreement between the departments of Defence and Finance and their respective ministers – Frank Aiken and Seán MacEntee, themselves both Civil War veterans – in relation to the granting of awards in some cases. Defence and its minister Frank Aiken, as the recipient of almost all representations made on the surviving relatives behalf, whether from TDs, Old IRA organisations or private individuals, had to face more immediate pressure in relation to the processing of these applications. As a result they were keenly aware of public perceptions. The Republican Civil War dead, and the executed in particular, were emotive subjects for Fianna Fáil and its supporters. Any suspicion that the relatives of the executed were being unfairly treated or left to suffer in hardship at the hands of a Fianna Fáil government could arouse anger and dissension in the party and its supporters. Did not Fianna Fáil, the Republican Party as it styled itself, owe its very position to the sacrifice of the dead, and therefore surely in turn owed the relatives of those dead some compensation.

One example of the pressure being brought to bear on Frank Aiken in relation to dependency claims. Letter from April 1934 from Borrisoleigh Fianna Fáil Cumann threatening to resign in protest if Elizabeth Bourke did not receive the maximum gratuity allowed for her claim in respect of her son Frederick Bourke, executed in Roscrea, County Tipperary on 15 January 1923 .

On the other hand Finance, and its minister, Seán MacEntee, had to keep the State’s finances in mind in what were the very difficult economic times of 1930s Ireland – the time of the Great Depression and the Economic War with Britain. MacEntee and Finance were anxious that any awards made were deserved and that the regulations surrounding the investigation of dependence claims and the criteria for the granting of awards, were properly adhered to.

As a result of these differing priorities, disagreements between the two departments and their ministers are evident in some of the dependents’ files. The disagreements could in turn lead to delays in the processing of applications, which in turn led to further pressure and criticism of Defence and Aiken, from TDs and others demanding the speedy resolution of claims. The files relating to Thomas Murray and Frederick Bourke, discussed below, both provide evidence of these disagreements and subsequent delay.

The Executions

8 January 1923

Kilmainham Prison, Dublin

On 1 December 1922, following an engagement that took place between Maynooth and Leixlip, County Kildare, in which National Army Private Joseph Moran was killed, over twenty members of an IRA Active Service Unit (ASU) under the command of Patrick Mullaney were captured by the National Army. Among them were five members of the National Army – Corporal Leo Dowling, Corporal Sylvester Heeney, Private Laurence Sheeky, Private Terence Brady and Private Anthony O’Reilly. According to the official announcement as released and reported in the press after their execution, the five were tried, convicted and sentenced to death on 11 December 1922 at Kilmainham Jail. They had been charged with treachery in communicating with and assisting armed persons in the use of force against the National Army. All were executed on 8 January 1923. The official announcement does not mention the location of their executions. On their files the place of death for Terence Brady and Leo Dowling is given as Kilmainham Jail. The places of death for Sylvester Heeney and Laurence Sheeky are given only as Dublin. A file has yet to be found in the MSPC for Anthony O’Reilly.

The online indexes of the General Register Office (GRO) corroborate Brady and Dowling’s place of death as Kilmainham. However for Heaney (sic), Sheehy (sic) and O’Reilly, Keogh Barracks is shown as the place of death.

Terence Brady

The file for Terence Brady relates to the receipt of dependents’ awards under the Army Pensions Acts by his mother, Kate Brady and sister Margaret Brady.

Extract from Thomas Markham’s report to the Army Pensions Board regarding the Brady family’s circumstances.

Kate Brady received a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in [May] 1933. She then received a dependents’ allowance from [December 1941] until her death on 22 November 1950. Margaret Brady received a dependents’ allowance between 1954 and her death on 30 September 1997.

From Wilkinstown, County Meath, references stated that Terence Brady had served with 3 Battalion, 4 Meath Brigade, IRA from January 1921 during the War of Independence and served with the National Army from about March to October 1922. He then appears to have joined the anti-Treaty IRA and was serving with the ASU at the time of his capture. Kate Brady claimed that her son had worked as a farm labourer and as an agent for the Prudential Assurance Company.

Leo Dowling

Leo Dowling’s file relates to the receipt of a partial dependents’ gratuity of £50 (fifty pounds sterling) in 1935 under the Army Pensions Acts by his father Patrick Dowling. According to information on the file Leo Dowling served with 6 Battalion, Carlow Brigade, and Suncroft Company, IRA from December 1920 to April 1922 during the War of Independence and Truce period. He then joined the National Army and served with that force during the Civil War until joining 1 Brigade, 1 Eastern Division, IRA in about October 1922.

Record of payments made to Annie Dowling as a dependent of serving National Army soldiers Leo Dowling (her son, left) and Patrick Dowling (husband, right). Note that payments in respect of Leo continued after his arrest and execution and Patrick’s continuing service after his son’s execution. Both documents taken from Patrick Dowling’s dependents’ application.

From Askinraw (Eascanrath), Suncroft, County Kildare, Leo Dowling is stated to have been employed as a pupil teacher with the Christian Brothers School in Kildare and as a [civilian] clerk in the Curragh Camp during the British occupation.

Customs and Excise investigating officer’s report on the circumstances of Patrick Dowling (applicant) and his family from his dependents’ application.

His father, Patrick Dowling claimed to have served with the British Army before serving with the National Army during the Civil War. He also claimed to have assisted the IRA ASU his son was serving with.

Sylvester Heeney

Sylvester Heeney’s file relates to his mother, Julia Heeney, and her receipt, under the Army Pensions Acts, of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1933, and a dependents’ allowance between 1954 and her death in 1963.

Report on the circumstances of Julia Heeney (the applicant) and her family from her dependents’ application.

According to a reference on file from Frank Aiken, Heeney had served with the IRA in the 4 Northern Division area from 1919 onwards. There are no details regarding Sylvester Heeney’s service with the National Army or as to when he joined the anti-Treaty forces during the Civil War. From Adamstown in north County Louth, Sylvester Heeney is said to have assisted with the work on his uncle’s farm prior to his IRA service and death. A brother, Patrick Heeney, is also stated to have served with the IRA during the Independence struggle.

Laurence Sheeky

The file for Laurence Sheeky relates to his mother Margaret Sheeky and her receipt of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings) in 1933 under the Army Pensions Acts.  According to information on file Sheeky had served with C Company, 3 Battalion, 2 Meath Brigade, IRA from early 1921 until March 1922 during the War of Independence and Truce period. He then joined the National Army with which he appears to have served during the early phase of the Civil War until joining the anti-Treaty IRA in October or November 1922.

Report on the circumstances of Margaret Sheeky (the applicant) and her family from her dependents’ application.

It is also stated that John Sheeky, brother of Laurence was a member of the National Army during the Civil War and left it “…3 weeks after the Execution”. From Braystown, County Louth, Laurence Sheeky had worked as a farm labourer as well as helping on his family’s own holding.

13 January 1923

Dundalk, County Louth

The official report released after their death stated that both Thomas Murray and John McNulty had been tried and convicted of being in possession of a revolver and ammunition at Hackballs Cross, County Louth on 9 January 1923. Thomas McKeown was tried and convicted of being in possession of a revolver and ammunition at Piedmont, County Louth on 3 January 1923. All three were executed at Dundalk on 13 January 1923.

Thomas Murray

Thomas Murray’s file relates mainly to the receipt of a dependents’ allowance under the Army Pensions Acts by his mother Bessie Murray. Bessie Murray received this allowance between 1934 and her death in 1955. Bessie Murray also claimed unsuccessfully in respect of her son’s death under the Army Pensions Act, 1923 as well as in relation to his alleged involvement in the Connaught Ranger’s mutiny in India in 1920.

Reference regarding Thomas Murray’s service from future Minister for Defence and former OC 2 Meath Brigade, IRA, Michael Hilliard.

From Kilcarn, County Meath, Thomas Murray had been a farm labourer before serving in the British Army with the Dublin Fusiliers and the Connaught Rangers. He joined the IRA in County Meath in 1921. He appears to have joined the National Army at some point in 1922 but deserted in August of that year. He then served with an IRA ASU in County Louth until his capture by the National Army at Hackballs Cross.  

This file is also noteworthy for the evidence it provides of the delays that sometimes occurred between the Department of Defence’s recommendation of awards and the receipt of sanction from the Department of Finance for actual payment. The Department of Defence recommended the granting of a dependents’ allowance to Bessie Murray in June 1933, and despite repeated reminders from Defence to Finance, and a direct personal intervention from the Minister for Defence Frank Aiken to to the Minister for Finance Sean MacEntee, sanction for payment was not received until January 1934. There are no replies from Finance to the communications from Defence or Frank Aiken on the file.

Representations received by Frank Aiken regarding Bessie Murray’s application from T Eamon Duffy of the Old IRA (left) and Matthew O’Reilly TD (right.

In the meantime repeated representations were received by the Department of Defence and Frank Aiken himself from TDs and Old IRA representatives placing pressure on him and his Department.

Letters from Frank Aiken , Minister for Defence to Sean MacEntee, Minister for Finance (left) and from the Secretary, Department of Defence to the Secretary, Department of Finance (right) regarding Finance’s delay in replying to Defence’s recommendation regarding Bessie Murray’s claim.

As we will see below, this was not an isolated case. We know from other files in the MSPC that the processing of dependents’ claims would lead to tension between the two ministers and their departments with Sean MacEntee and his officials regularly querying the awards recommended by Defence.

John McNulty

John McNulty’s file relates to the receipt by his mother, Susan McNulty, of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1934 under the Army Pensions Acts.

Report on the circumstances of Susan McNulty from a local Roman Catholic priest John Lavelle. As Susan McNulty was from Northern Ireland the Army Pensions Board had to bypass official representatives of the State to investigate her claim.

From Carrowmanna, Belleeks, County Armagh, the Military Service Registration Board (MSRB) certified John McNulty as having served with 4 Battalion, 4 Northern Division, IRA from 1919 onwards.

RO429 – the nominal roll for 4 Battalion, 1 Brigade, 4 Northern Division, IRA lists “John McNulty, Belleeks, Co. Armagh. Dead.” as a member of Belleeks District Unit attached to Ballymoyer Company, Newtownhamilton Battalion IRA on 11 July 1921 and “John McNulty Belleeks dead” as a member of Belleeks Company, 4 Battalion, 1 Brigade, 4 Northern Division, IRA on 1 July 1922.

Reference regarding John McNulty’s service from former IRA member Patrick McParland. Includes reference to McNulty’s wounding by Ulster Special Constabulary prior to his arrest and execution.

A reference on the file claimed that he had been wounded by members of the Northern Ireland Special Constabulary in December [1922] – location and circumstances surrounding this incident not on file. Susan McNulty also claimed that she had another son James who was a member of the IRA.

Thomas McKeown

Thomas McKeown’s file relates to the receipt by his mother, Margaret McKeown, of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1933 under the Army Pensions Acts in respect of her son. The file also includes material relating to the posthumous awarding of a Service (1917-1921) Medal in respect of Thomas McKeown to his brother Patrick McKeown.

Report on Margaret McKeown’s (the applicant) circumstances from her dependent’s application.

A farmer’s son from Piedmont, County Louth, the MSRB certified Thomas McKeown as having served as Battalion Quartermaster, Dundalk Battalion, IRA from August 1922 onwards. However, his service with Ravensdale, Company, Dundalk Battalion, IRA during the War of Independence was recognised by the posthumous awarding of a Service (1917-1921) Medal.

15 January 1923

Castle Barracks, Roscrea, County Tipperary

According to the official report issued after their execution, Frederick Bourke, Martin O’Shea and Patrick Russell were tried and convicted at Roscrea, County Tipperary on 2 January 1923 of being in possession of arms and ammunition at Ross Cottage, Borrisoleigh, County Tipperary on 23 December 1923. According to material on their file they had also been tried in connection with the armed hold up of a mail car.  All three were executed at Castle Barracks, Roscrea on 15 January 1923.  

Representation from Timothy Shanahan of Borrisoleigh Fianna Fáil Club to Andrew Fogarty TD regarding the dependents’ claims from the relatives of Frederick Bourke, Martin O’Shea and Patrick Russell. Fogarty forwarded this letter to the Department of Defence along with his own representations, clearly indicating the strength of local feeling. Note Shanahan’s reference to the three having acted under orders and being captured by “Crown forces”. Whether this last reference was a mistake or a deliberate swipe at the pro-Treaty forces is unclear. Copies of this letter appear on the files of all three.

Frederick Bourke

Frederick Bourke’s file relates to the receipt by his mother, Elizabeth Bourke, of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1934 under the Army Pensions Acts in respect of her son.  

A farm labourer from Curnaboola, Ileigh, County Tipperary, the MSRB certified Frederick Bourke as having served with the IRA from 1919 onwards and with an ASU in 2 Tipperary Brigade at the time of his capture.  

Frederick Bourke’s file is another example, both of the pressure being brought to bear on Frank Aiken and the Department of Defence from TDs and others in support of these dependents’ applications, and also of the differences between the Departments of Defence and Finance regarding the granting of awards in such cases.

As was the norm in such cases the local Customs and Excise officer was tasked by the Army Pensions Board with investigating Elizabeth Bourke’s circumstances and the degree of her dependency on her dead son. The officer based in Nenagh, County Tipperary reported in May 1933 that Elizabeth Bourke had not been dependent on her son at the time of his death. In a further report in June 1933, the same investigating officer stated that Frederick had in fact been contributing a few pounds per annum – not amounting to more than £3 – to his mother.

Despite this the Army Pensions Board stated in July 1933 that Elizabeth had been dependent on Frederick and in view of what they termed “…special circumstances…” recommended the granting of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) – the maximum partial dependents’ gratuity possible under the legislation. This recommendation was duly accepted by the Department of Defence and forwarded to Finance for sanction.

As sanction was not forthcoming the Secretary of the Department of Defence wrote to his counterpart in Finance on 20 January 1934, seeking to expedite matters regarding the applications in respect of Frederick Bourke and Patrick Russell, and pointing out that the Minister and Department had received a number of representations on behalf of the applicants in both cases. Representations from the local Fianna Fáil TDs such as Andrew Fogarty and Martin Ryan can be found on Frederick Bourke’s file, as well as a threat from the Borrisoleigh Fianna Fáil Cumann to resign en masse from the Party if Elizabeth Bourke’s claim was disallowed.

Sean MacEntee wrote directly to Frank Aiken in reply on 8 February 1934 stating that while he (MacEntee) was anxious to do what he could as Frederick Bourke had been executed, given the investigating officer’s reports, he did not see how any award could be made under the existing legislation. Frank Aiken then suggested that a further report be obtained regarding Elizabeth Bourke’s dependency on her late son, from Thomas Markham, Secretary to the Military Service Registration Board who was also used on occasion to provide such reports. The Secretary of the Department of Defence put this proposal in a letter to his counterpart in Finance on 26 February 1934. On the following 2 March the Secretary, Department of Finance replied that his Minister rejected this idea both on the grounds of cost and as an unnecessary departure from normal procedures. However he also stated that the Minister had no objection to the claim being sent back for reinvestigation to the local investigating officer.

Frank Aiken then wrote directly to Seán MacEntee on 7 March in an effort to persuade MacEntee to agree to his idea of having Thomas Markham provide the report. However Seán MacEntee, replying to Aiken on 22 March, again rejected this proposal but did instead suggest that a new report be commissioned from the local Customs and Excise officer’s direct superior the Customs and Excise Surveyor for the area concerned.

Correspondence from March 1934 between Frank Aiken, Minister for Defence and Seán MacEntee, Minister for Finance regarding the investigation of Elizabeth Bourke’s dependents’ claim.

Aiken agreed to MacEntee’s proposal and had his officials commission a new report from the Surveyor, Customs and Excise, Limerick City District on 27 March 1934. When writing to the Surveyor to request this new report, the Department of Defence official acknowledged that the previous reports had found Elizabeth Bourke not to have been dependent on her son and also requested that when furnishing the report that the Surveyor would also include his own observations on the previous reports received from the Nenagh investigating officer. However he then went on to state that “…where the exigencies of military service prohibit a member of an organisation from pursuing his normal vocation, such circumstances do not preclude the possibility of persons being dependent on such member, whether during such service or previously.” Was this intended as a less than subtle hint as to the outcome the Department was hoping for from this new report.

Draft copy of the letter from the Department of Defence to the Customs and Excise Surveyor requesting a new report into Elizabeth Bourke’s circumstances and means and her dependency on her son Frederick.

In the meantime a delay occurred as the Limerick City District Surveyor retired and the Department had to write to his successor on 15 May and again on 15 June to request the report. As it happened the report had been finalised on 13 June and was received by the Department of Defence a few days later. This third report, from a new local investigating officer in Nenagh, found that Elizabeth Bourke had been partially dependent on her son. The officer in the new report stated that he had decided to take into account circumstances between 1916 and 1919 when Frederick Bourke had been regularly employed, rather than the years from 1919 to 1923 when Bourke’s military service had obviously impacted his ability to work and contribute to his family. He went on to state that the officer who had provided the previous reports had only been appointed temporarily to the position in Nenagh and that due to his lack of local knowledge had not been able to ascertain “…the true facts of the case.”

Extracts from the third and final report on Elizabeth Bourke’s claim and her dependency on her son. The investigating officer explains his reasoning as to why he concluded Elizabeth had been dependent on Frederick and the discrepancy between his report and those of the previous investigating officer.

On 28 June 1934 the Secretary, Department of Defence wrote to his counterpart in Finance, enclosing a copy of the new report, pointed out that the Minister and the Department continued to receive representations on Elizabeth Bourke’s behalf and recommended the grant of a partial dependents’ gratuity. Finance agreed to this recommendation on the following 19 July and payment was sent to Elizabeth Bourke on 26 July 1934.

Martin O’Shea

Martin O’Shea’s file relates to the receipt by his mother, Bridget O’Shea, of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1934 under the Army Pensions Acts in respect of her son.

Report on the circumstances of Bridget O’Shea (the applicant) from her dependents’ allowance application.

From Garrangrena, Borrisoleigh, County Tipperary, the MSRB certified Martin O’Shea as having served with the Irish Volunteers and IRA from sometime in 1917 onwards, and with an ASU in 2 Tipperary Brigade at the time of his capture. As well as helping out on his family’s small holding he is also stated to have worked as a casual labourer for the local council.

Patrick Russell

Death certificate for Patrick Russell.

Patrick Russell’s file relates to the receipt by his mother, Johanna Russell, of a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1934 under the Army Pensions Acts in respect of her son. The file also relates to an unsuccessful application under the Army Pensions Acts from James Russell, brother of Patrick.

Report on the circumstances of Johanna Russell (the applicant) from her dependents’ application. Despite the investigating officer’s view that Johanna Russell was not dependent on her son Patrick, the Army Pensions Board and the Department of Defence recommended the awarding of a partial dependents’ gratuity to Johanna Russell to the Department of Finance in June 1933.
Letter of 20 January 1934, from the Secretary, Department of Defence, to the Secretary, Department of Finance, outlining Defence’s reasons for recommending the granting of an award in the cases of Johanna Russell, mother of Patrick Russell and Elizabeth Bourke, mother of Frederick. Finance gave its sanction for these awards the following month.

A farmer’s son from Summerhill, Borrisoleigh, County Tipperary, the MSRB certified Patrick Russell as having served with the Irish Volunteers and IRA from 1917 onwards and with an ASU in 2 Tipperary Brigade at the time of his capture.

Military Barracks, Carlow

Seamus Lillis

The official report released after his death, stated that Seamus Lillis had been tried and convicted, in Dublin on 12 December 1922, of being in possession of a rifle and ammunition at Knocksquire, County Carlow, on 14 November 1922, and, of having taken part in an attack on National Army forces at Granny Castle on 24 October 1922. According to his file the trial took place in Kilmainham.

Statements regarding Seamus Lillis’s service and death from former Carlow Brigade IRA officer Michael Ryan (top), and John Killian, the Roman Catholic priest who attended Lillis before his execution (below).

Originally from Bagenalstown (Muine Bheag), County Carlow, Seamus Lillis had been employed in Brown & Crosthwaite’s Flour Mills in Bagenalstown. The MSRB certified Seamus Lillis as having served with the IRA from July 1922 onwards and with an ASU in 3 Battalion, Carlow Brigade at the time of his capture. His mother, Mary Lillis, received a partial dependents’ gratuity of £112.10.00 (one hundred and twelve pounds and ten shillings sterling) in 1933 under the Army Pensions Acts. Later appeals by her for a further or increased award were unsuccessful.

Report on the circumstances of Mary Lillis (the applicant) from her dependents’ application. There is no evidence on the file to support the statement in the report that Seamus Lillis joined the National Army.

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