The Roscommon Herald, Boyle - Saturday March 5^th 1921.

Roscommon Appeals Flung out in Mullingar. Roscommon “That Blackguard County”

At the Westmeath Assizes on Monday before Lord Justice Ronan, appeals in the Criminal Injury cases were heard. The first case was that in which £2,950 with £34 16s 3d costs and £8 expenses was allowed for the killing of Sergt. Thomas Craddock, R.I.C. Athlone. The county Court Judge ordered two thirds to be relieved on Co. Roscommon and one third in Co. Westmeath, both to be county at large charges excluding Mullingar North and South Urban.

The Mullingar Employers and Traders Federation and Roscommon appealed on the question of the area of charge. Miss Agnes Fox of Athlone, to whom the deceased was alleged to have been engaged to be married also appealed against being excluded from the award which was made to the Mother, Sister and Niece.

Mr Finlay BL (Instructed by Mr T.J. Dowdall, Crown Solicitor) appeared for the applicant, Mr Wood KC and Mr. Geoghegan BL (Instructed by Mr J. H. Dixon, Solicitor) appeared for Miss Agnes Fox; Mr McCoy, BL, (Instructed by Mr. Macken) appeared for the Mullingar Employers and Traders Federation: Mr. Joseph Mary Flood (Instructed by Mr E. A. Shaw, Solicitor, Mullingar), appeared for Roscommon Ratepayers.

His Lordship asked for the names of the Counsel representing the parties, and they were given,  His Lordship remarked that Mr Flood’s clients name did appear before him. Mr Finlay said in this case the notices were not served. Mr Flood; It is purely a question of the area charge with me. I want to get a particular portion of Roscommon exempted from the area of charge.

Mr Finlay, opening the case said; Sergeant Craddock was murdered on Sunday Morning 22^nd August at about 12:30 o’clock in the town of Athlone. He had a service of 25 years, two months and seven days and his pay.

His Lordship: Is that material? Mr Finlay; A certain sum was fixed as compensation by the County Court Judge and he apportioned it in certain proportions and it is quarrelling with those proportions, the appeal has been lodged by Miss Agnes Fox. The three people dependant on the applicant were the mother to whom £1,200 was awarded, the sister to whom £250 was awarded and the niece a minor to whom £1,500 was awarded and Miss Fox was not included as the County Court Judge was not satisfied with her evidence that she was a dependant of the deceased.

His Lordship: He gave her nothing? Mr Finlay: He gave her nothing. The law is set out in O’Connell’s case. It came as a case stated from Mr Justice Kenny, first as to the people entitled to compensation and secondly as to the meaning of the term “full compensation”  as used in the Act. Your Lordship will not be concerned with the second term, it will be purely as to the question, who were entitled to share in the compensation. The portion material you will find at Page 117 in Lord Chancellor’s Judgement , he having referred to the  Crimes Act of 82 and the Grand Jury Act of 37 and he held that if the Constable in question was the sole supporter of his Father and two Sisters and the Father was aged 84, the latter would be the sole next of kin entitled as would be the case in regard to malicious injury to property claim, he saw no reason why compensation should not be awarded to any person who suffered loss.

His Lordship: Compensation cannot be given to a stranger who has no connection with the case. There must be some reason. Mr Finlay: The County Court Judge has judicial jurisdiction. I will call Mrs Craddock. His Lordship: Why did the niece get so much? Mr Finlay: Sergeant Craddock had reared the niece.

Mrs Craddock was sworn and was asked by counsel is she had heard of her son’s engagement to Miss Fox. Witness: Never. His Lordship: We are all very sorry for you Mrs Craddock. Mr Wood: On the point of law, I submit that we come within the terms of the section.His Lordship: Mr Finlay admits you do. Mr Wood: No, My Lord, as I understood, Mr Finlay’s argument, it was, we did not some in unless we were dependants. His Lordship: Unless I misunderstood him, he did not argue that at all. He held we were not dependants in the sense that we were not next of kin. Mr Wood: The County Court Judge held that. His Lordship: Is there any report of his Judgement?

Mr Wood: No, My Lord. His Lordship: Were you there Mr Finlay? Did the Judge hold in the way Mr Wood suggests? Mr Finlay: No, My Lord. Mr Wood: These are my instructions and I cannot go beyond that.

Miss Agnes Fox was examined, and she stated she had been living in Athlone for some years and looked after her Brother in Law’s children. She knew the late Sergeant Craddock for ten years: He was engaged to be married to her for five years, and there was an arrangement in place that the marriage should take place in October last; he gave her an engagement ring and also a wedding ring which he told her he purchased in Ballina. A short time before his death a Miss Mullarney and herself were in his company and he gave her the wedding ring then. He also gave her a number of presents.

To his Lordship: He was living with his Mother, I do not know did she know anything about the engagement. It was a secret engagement. Miss Bridie Mullarney deposed that shortly before the death of the deceased, he was in company with Miss Fox and witness and gave her a wedding ring. Mr Wood: Are you a relation of Miss Fox? Witness: She is my Aunt. Cross examined by Mr Finlay: Had you ever been in Mrs Craddock’s house? Witness: Yes, the day he died. His Lordship: Were you examined by the County Court Judge? Witness: Yes.

Patrick Henerick, Brother in Law of Miss Fox was examined and stated Miss Fox was looking after the niece for five years. He saw the late Sergeant Craddock very often in the House, and last May had a conversation about his impending marriage with Miss Fox. Mr Finlay: When did you see the engagement ring for the first time? Witness: I did not see an engagement ring at all. His Lordship: I have not seen it either? Is there anything further? Mr Wood: No My Lord. His Lordship: I cannot admit this claim of Miss Fox. Mr Flood: There was no notice of appeal served in this case, there was in the other.His Lordship: I affirm the decree of the County Court Judge, but no costs, the cost of the court below to stand.

1911 Census location of Agnes Fox. Patrick Henry must have been misspelled. Bogganfin, Athlone West Urban.