COMPENSATION
On 19th September, 1922 there was an incident in Conna regarding the local brass and reed band. Apparently, a group of armed men from Tallow broke into the band room and took away the band’s instruments.
This was during the Civil War which lasted from 28th June, 1922 until 24th May, 1923. It was commonly believed that the men were members of the National Army under the control of the Minister of Defence or maintained by the Provisional Government of Saorstat Eireann. The breakin was discovered the following day. It was alleged that also taken or damaged was one bandstand, one banner and a chest of drawers.
For some reason, it wasn’t until 1935 that a decision was made to make a claim for the loss of the band’s property. When the matter was raised, the authorities made an estimate of the value of the loss. Mr Denis McCullough, founder of the musical warehouse McCullough’s in Dawson Street, Dublin, was consulted on the matter. He did a detailed assessment based on the following questions: When were the instruments last in use? Were the instruments new or second hand when they were purchased, 30 to 50 years ago?
According to Mr McCullough, the following were the approximate prices for the replacement with similar instruments, new in 1922:
8 cornets at £3 each = £24; one euphonium £5.10.0; 2 tenor trombones at £3 each = £6.00.0; 2 clarinets at £3.5.0 each = £6.10.0; 2 piccolos at 4 shillings each = 8 shillings; one baritone horn £4.10.0; 2 sax horns at £4 each = £8.0.0; one bass £7.10.0; 20 music books at 2/6 each = £2.10.0. Total: £64.18.0.
Mr McCullough was unable to give an accurate price for the music stand, banner or chest of drawers.
He added: “If the instruments had been in use for a number of years before 1922, they would be valued at very little. If, however, they were in use and 20 to 40 years old and were purchased new, I believe that £20 would be their value in 1922, if in good condition”.
(Mr Denis McCullough was the original founder of McCullough’s in Dublin. He was president of the Irish Republican Brotherhood, but was sidelined by Patrick Pearse and Tom Clarke during the Easter Rising. He was from Belfast and moved south to continue his business affairs after independence, as a piano tuner and lutier - someone who builds or repairs string instruments)
On 16th July, 1936 the State solicitor wrote: “I am directed by the Minister of Finance to say that the Department of Defence has no record of the alleged incidence. In the circumstances, the applicants should be put on strict proof that the Official Forces were, in fact, responsible and that the claim comes within the Act."
On 20th July, 1936, members of the committee of the Conna Brass and Reed Band - John Barry, Ballybride; Maurice Hartnett of Ballymurphy; William Power of Killavorilla; James O’Brien of Clashagannive; Michael Byrne of Knockmourne and John Walsh of Thornhill made an application to the Circuit Court in Fermoy for £105.10.0 compensation under the Criminal Injuries Acts & the Damage to Property (Compensation) (Amendment) Act 1933. The claim was made against the Minister for Finance, Upper Merrion Street, Dublin.
In his evidence at the hearing John Barry, Ballybride stated: “I was a member of the committee of the Conna Band. The instruments were kept in Conna Courthouse and they were there in September 1922. Towards the end of that month, as a result of a statement made to me, I went there and found all the articles set out in the declaration missing. The instruments were kept in a chest of drawers. The bandstand, music books, banner and chest of drawers were also missing. I am making this claim on behalf of myself and others who are surviving members of the committee. I have made enquiries re value of instruments from Butler’s of Dublin and Crowley’s of Cork, whose price lists I got and from these I made out, to the best of my ability, the value of the instruments in the band”.
In cross examination, Mr Barry said that the instruments were purchased new in the Land League days (about the year 1884) from either Crowley’s or Butler’s.
‘BEATING ONE ANOTHER WITH THE INSTRUMENTS’
In evidence, local man Mr William O’Mahony said he was a schoolboy in 1922. He saw people wearing the Free State soldiers’ uniforms at the courthouse. There were at least 6 or 7 of them as far as he could remember. He went to the courthouse door and saw them bring out the band instruments up through the village. Some of the soldiers were playing them as they went towards Tallow.
David Walsh, witness, was a tailor in Conna. In the harvest of 1922, he said he saw some members of the Free State army coming towards Tallow and they were carrying band instruments. They were beating one another with the instruments. He came to his door and saw they were slapping some of the instruments against the wall. Later, he saw two of
Fermoy defeated Allow Rovers (Freemount) to secure the North Cork Junior 'B' hurling title in 1958.
Played on November 2nd, they had a merited victory, being superior in most departments. According to the Fermoy GAA Club History 18861995, their forwards took their opportunities well on the day and 'a close these instruments – a trombone and a sax horn - in a field, all bent up. He did not touch them and did not know what became of them afterwards.
In the course of the hearing, it was admitted that the band broke up during the Great War - about 1916 - and the instruments were never used afterwards. However, witness John Barry said that they were carefully looked after and kept clean.
The defence pointed out that there was no evidence that the bandstand, music books, banner and chest of drawers were taken and the judge agreed. tackling defence never gave the opposing forwards a chance to settle down'. At half-time, Fermoy led by five points to one.
They continued their superiority in the second half and ran out winners on a scoreline, Fermoy 3-6 Allow Rovers 0-3.