War hero Barry was chief suspect in controversial murder case
TOM BARRY, hero of the War of Independence, was chief suspect in a 1933 murder case, but the gardaí were slow to question him. When they did arrest him, it led to some extraordinary developments between the secretary of the Department of Justice, the Garda Commissioner and the Deputy Commissioner.
On the night of October 28, 1933, Hugh O’Reilly, of Innishannon, near Bandon, was taken from his home and so beaten severely that he died of his injuries.
The incident was supposedly the result of an “alleged assault on Denis O’Connor of Innishannon a week earlier. He was a member of the IRA who said that a Blueshirt element had assaulted him. Chief Superintendent Michael Fitzgerald reported that an informant told him that on October 27 Tom Barry showed him a report of the supposed attack on O’Connor, who complained that he was taken out into a field, stripped, beaten and otherwise ill treated for five hours.
Barry told the informant that he planned to do a ‘‘frightful thing” in retaliation. The informant tried to dissuade Barry, who promised not to act until they could discuss the matter further.
The fatal attack occurred in the interim, so the Superintendent initially thought the IRA might not have authorised the murderous attack on O’Reilly.
Deputy Commissioner Eamonn Coogan, father of author Tim Pat Coogan, took a particular interest in the case. He had Chief Superintendent W.J. Stack of Cork City take over the investigation from Fitzgerald and encouraged him to take a close look at Barry’s involvement.
“Barry was known to the Police to have made use of certain threats of reprisals, which showed evidence of intention on his part,” Coogan advised on January 12, 1934. “Ordinarily this matter should be investigated fully.”
Stack thought it inexpedient to question Barry at the time. “Barry would refuse to divulge anything on interrogation,” Fitzgerald argued. “No useful purpose would be served by interrogating him —at least at this stage.”
Coogan instructed him to “see Barry and interrogate him in relation to this incident and his movements in Cork on the occasion on which he met and confided in this friend and afterwards.’’
Coogan added: “The murder of this unfortunate young man, Hugh O’Reilly, and the murder of Cornelius Daly within a very short period and practically in the same locality discloses a very serious state of lawlessness in that portion of Cork and every effort should be made to solve these mysteries and bring the culprits to justice.”
“At the same time special steps should be taken by every possible means to prevent a recurrence. Parties believed to be in personal danger whether for political or other reasons, should receive adequate protection.”
Whatever about his concern for some of those in danger, Coogan displayed a staggering disregard for the safety of the Fitzgerald’s informant. If Barry were questioned about the meeting with this informant, it would likely expose the man.
Stack explained that the gardaí suspected that Tom Barry and four others — Seán Mitchell of Blarney, and Denis Sisk, Charles McCarthy, Standish Barry and Christopher Aherne from various parts of Cork City— of being responsible for the murder.
“In view of this there can be no reason what those persons should not be closely questioned,” Coogan wrote on March 21, 1934.
All of the men’s homes were searched on April 4, but nothing was found linking any of them to the crime, although a Thompson sub-machine gun was found at the home of Tom Barry.
Barry was subsequently arrested for possession of the illegal weapon. “Take this message from me to Deputy Commissioner Coogan that I know of his anxiety to arrest me for the past six months,” Barry said during questioning.
This later came out in court, much to Coogan’s irritation. “I regard the leakage of information, coloured to suit the occasion, as a serious breach of confidence which I submit should be investigated by the Minister.”
“Lest it might be considered from the publicity given to Mr Barry’s statement, that I was in any sense biased,” Coogan continued, “I would be grateful if the Minister would put this statement and the documents attached before the Executive Council.”
“It is incomprehensible to me why a police officers of high rank and well known to have been in charge of Crime Branch for years past should exhibit such signs of perturbation over the remarks of an excitable prisoner in the dock,” Commissioner Ned Broy wrote to Roche.
“The best proof that there was no leakage was the fact that such a successful raid was carried out on Barry’s residence, resulting in a long sentence by the Military Tribunal.”
Broy could not understand Coogan asking for an investigation into his own branch. “We here have the officer actually in charge of the Crime Branch and having the resources of the Police Force at his disposal, actually asking the Minister to inquire into a matter so peculiarly the responsibility of the Deputy Commissioner.”
“The incident merely hastens a reorganisation of our Headquarters Branches that I have in mind for some time,” Broy added.
