Why did Kennedy not shut his shop?

T H E

M I C H A E L

O ’ D E M P S E Y

S H O O T I N G

Why did Kennedy not shut his shop, on the day of Terence McSwiney’s Funeral?

What was the real reason for the shooting of Kennedy & O’Dempsey?

About the Author

The shooting of these two civilians, during the Irish War of Independence in March 1921, was an indirect consequence of the death, on hunger strike, of Terence McSwiney, Lord Mayor of Cork. He had died the previous October.

Business premises had been asked to close, as a mark of respect, on the day of McSwiney’s funeral. However, Kennedy refused to comply and local Republicans mounted a picket on his shop. He had engaged the services of solicitor Michael O’Dempsey to take a court case to have the picket removed.

But why did Kennedy refuse to close his shop?

Was this refusal and the subsequent court case, adequate justification for shooting the two men?

Key Dates McSwiney’s Death.

25/10/1921 Several funeral services were held between 27th & 31st Oct.

The Abduction of The Shooting O’Dempsey

15/03/1921 O’Dempsey was held O’Dempsey & client Kennedy ambushed up at gunpoint, & shot in Borris. abducted and interrogated.

03/01/1921

Margaret Franklin is the grandniece of Michael O’Dempsey, who was a brother of her paternal grandmother, Mary Franklin (nee O’Dempsey.)

The tragic story of the shooting of Michael in March 1921 was never spoken about within the family circle, while she was growing up.

As the centenary of the tragic event draws near, Margaret is using historical documents to try to piece together the events leading up to the shooting.

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O’Dempsey’s ‘Instructions for Counsel’ Among the documents found in the family archives, which my father discovered after his mother’s death, was a typed copy of instructions which Michael had written for the information of the Counsel who was to bring the case to the high court. Unfortunately, the document is incomplete, as it ends in mid-sentence. Some pages seem to be missing.

However, what remains is sufficient to show that Kennedy was quite unpopular with a number of people in Borris, Co. Carlow.

It also states that the reason that Kennedy refused to comply with the request to shut his shop on the day of Terence McSwiney’s funeral was because of his experience on a previous occasion, when he did comply with a similar request, but Kennedy claims that other shopkeepers in the town did not.

The document has the following heading:

Instructions for Counsel Wm. P. Kennedy vs. Several M. J. O’ Dempsey Solr. Enniscorthy Kennedy v. Dundon, Hogan, Lennon Resima of Case.

The text of the ‘Resima of Case’ is given in the following pages.

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Kennedy v. Dundon, Hogan, Lennon Resima of Case In Borris on Thursday 28th October there were rumours among the shopkeepers that all business was to be suspended and houses closed next day owing to the death of the Lord Mayor of Cork. Querist Wm. P. Kennedy had a conversation with the other shopkeepers in the town but could not ascertain that there was any definite agreement among them to close or what their intentions were. Querist went to bed with the intention of opening as usual. On Friday 29th Oct. Querist’s shop opened as usual at about 9 o’clock. Shortly after, Paddy Hogan, 22 or 23, son of Edward Hogan proposed defendant, came to the shop and told Querist’s Manager Thomas Nolan to shut the shop. Nolan said he would ask the Boss about it. About 10 o’clock Querist came down and Nolan reported to him as above. Querist said he made an agreement before as regards closing and he was the only one that kept it. The other people shut their front doors and did business from the back doors and he said he would not agree with them any further.

Two men with their hats and collars pulled down over their faces stopped at the hall door, questioned Willie Rourke, apprentice, coming into the Hall door, ran at Eddie Flood aged 8 years, Querist’s nephew and hit him with a stick. Patrols went up and down the road.

Querist’s bakers were stopped from going to bake and only got it on the plea that they only wanted their 8d. Querist sent out his bread on Monday to his customers in Ballymurphy. They were stopped from taking it. Querist’s drivers King and Geoghegan were stopped coming from their teas on Friday.

On Friday night about 9.30 Seamus Lennon, proposed defendant, and John Murphy knocked at Querist’s hall door. Querist opened it and Mr. Lennon made some remark about the motorcar outside. They said they did not want any bullying or buffing and querist asked who started it. They then came in and started arguing querist, talking about the will of the people and the death of the Lord Mayor and the ruin of querist’s business, that he had enemies on the street ruining his trade, competitors and that they would keep them there until Querist satisfied them. Querist damned the will of the people and damned the lord Mayor of Cork and told them he took no notice of them, as he made arrangements before, but the other people did not carry them out and that his business was his own business.

They advised querist that they were on a mission of peace, were not supposed to come to him at all.

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Kennedy V. Dundon et al. Resima of case (Continued from previous page) They advised querist that they were on a mission of peace, were not supposed to come to him at all. Querist thanked them for their good wishes but he did not alter his opinion.

They advised querist to fix it up. They then told querist he would have to satisfy the law for a case of this sort, firstly by an apology. Querist said they would never get an apology and what was the fine. They said there was a fixed fine of £50. Querist said they would not get that either. After a while they reduced it to £10. Martin Kelly, proposed defendant came in and joined in the discussion urging Querist not to ruin his business etc., and to settle up tonight. It would pass into other hands after that. Querist said he would not decide that night. They would then come again tomorrow, not in the morning, but in the night when he would have time to talk to them.

On Saturday about 9.30 Kelly and Murphy called to Querist and he sent down a message that he had not time to talk to them. The pickets and patrols went on all day on Saturday.

Querist met Seamus Lennon who asked him had he made up his mind yet and Querist said he was keener on it than ever. They stopped several people this day. On Sunday morning very early they took from Querist’s yard a car the property of a man named Cummins and put it on the street. On Sunday afternoon Mr. O’D spent the afternoon in consultation with querist, with Mr. John O’Brien, Excise Officer a friend of Querist and with Mr. Michael Millet, Draper, who called on behalf of the shopkeepers of Borris to try to get querist to give way. The result of the discussion with Mr. Millet was he suggested to Mr. Millet that the local Sinn Feiners had executed their duties with the result that injustice was being done to querist, by the Republican Government which they should make good. So far the case already submitted. On Tuesday afternoon Note: Unfortunately this document is incomplete. It seems to be a carbon copy of the original (which would presumably have been given to Counsel) but the copy ends there, in mid sentence.

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The Historical Context of this Case.

It seems incredible to us, living in peaceful times, that what seemed like a petty dispute between shopkeepers in a small town, should have escalated into a court case, an abduction at gunpoint and eventually an ambush, resulting in assassination.

But, one hundred years ago, the Irish war of independence was raging at its height. Not only did Kennedy have business rivals in the town of Borris, he also seems to have had different political views to most of them. Both O’ Dempsey and Kennedy were Nationalists. Like the followers of Sinn Fein, they aspired to an independent Irish state, free from the shackles of the British Empire. But unlike them, they hoped Ireland could achieve independence by peaceful means, using diplomatic negotiation, rather than by armed struggle and guerrilla warfare.

Before the outbreak of World War 1 in 1914, there were hopes that Home Rule for Ireland could be brought about by Parliamentary means. Several Home Rule Bills had been debated in the English Parliament. John Redmond had encouraged Irish men to join the British Army and fight in the trenches. Many did so and were killed in action.

Those who survived were ostracized by many of their fellow Irishmen, who saw them as traitors. Even families were divided on this issue. Meanwhile, the 1916 rebellion, known as ‘The Easter Rising’ put an end to all hopes of Home Rule.

But the treatment of the leaders of the 1916 rising, who were condemned to death by the British authorities, caused many Irish people, men and women, to rally to the cause for Irish Independence.

The General Election of 1918 resulted in a landslide victory for Sinn Fein. The elected deputies refused to take their seats in Westminster and set up the first Dail, as an independent Irish parliament, in Dublin. This was not recognized by the British authorities, not was the Provisional Government. Nevertheless, both systems operated side by side. The new Dail, sitting in Dublin, passed its own laws, while in London the British parliament passed theirs. There were courts of justice run by the Irish Volunteers, alongside the King’s Courts. Life was chaotic. Guerilla warfare was continuing. There were raids on police stations, army barracks and the mail trains.

In January, 1921, O’Dempsey was abducted at gunpoint and warned to have nothing more to do with the Kennedy case. His offices were raided and the first writ that he had obtained was snatched from his hand as he left the court in February. It was to obtain a new writ that he and Kennedy had attended the Carlow Assizes on March 15 th 1921.

That evening, they were ambushed and shot. This was a tragedy for my family, but other families had theirs too. What terrible times they were!

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