By Chris Synnott
On the day of this fatality, the boys went there. Young Dan Burke asked a servant of the defendant “Where is the Blarney Stone?” and Harrington, the servant, pointed across to the stone and said “Over there”, but gave no warning as to any danger to a person approaching or kissing it. After that, he saw a curious thing occur. A man, whose name was McCoy, came along and approached the opening in front of the stone. As McCoy came to the stone Harrington turned away and walked to the other side of the castle, whereupon McCoy leant forward and, in some way seized the bars and allowed himself to drop through the opening. He then, apparently, pulled himself up or let himself down by the strength of his hands and when opposite the stone kissed it. How he did that was, he appeared to have rested his feet on a very small ledge, which could be seen if one looked through the opening, and which was, really the remains of the moulding of a window over the stone. He twisted himself back on the battlement and got back again. After that there was a discussion between the three boys as to kissing the stone and Donohue voluntarily decided he would try first. He let himself down while the other two boys sat on his legs. He kissed the stone and got back in safety. Then Burke, the boy who was killed, took off his coat, and he appeared to have stood with his back to the opening and leant back, catching the bars with his hands over his head (counsel demonstrated the action) and in the way he had been instructed to do by Harrington, that was, said counsel, in so far as Harrington had given any instructions at all, and so far as I am instructed for whatever reason – it might have been the boy requested them not to do it – but the other boys did not sit on his legs. He had seen McCoy do it unaided, and apparently, he thought he could do it also unaided, but he certainly appears to have refused assistance. He went back, said counsel, with his hands up and behind his head, and after doing that he was still visible from a distance. He could be seen by a person a number of yards away on the battlements because this man McCoy was heard to shout, “Good man, do it like me”. Then Hennessey (sic – possible misprint for Harrington? – see three other examples below) came rushing over from the far side of the castle, but in the meantime James Burke’s feet had slipped from the battlement and he had dropped, hanging upon the weight of his bands, first one hand was let go, then the other, and he fell down through the opening and met his death.
THE EVIDENCE: James Burke, father of the deceased, deposed that his son contributed all his earnings towards the support of his brothers and sisters.
Michael Morrissey, a member of the firm of Morrissey and Co., Charleville, gave evidence of the good character of the deceased and his prospects in their employment. He was a very satisfactory boy.
Patrick O’Donoghue, one of the companions of the deceased on the day of the visit to Blarney Castle, described the incidents as related by counsel in his opening statement, the man Hennessey, he said, was walking round the top of the castle when Daniel Burke went to him, and then witness saw Hennessey pointing towards the far end of the castle, where the stone was. Dan Burke came back and he told us then where the stone was, pointing in the same direction as Hennessy had pointed. (Witness’ evidence was illustrated on the model of the castle battlement in court). After some time, continued witness, Harrington came over and Dan Burke asked him how he would kiss the stone. Harrington told him to hold the bars with the aid of somebody at his feet and lower his head down to kiss the stone. Harrington then went away and McCoy came on the scene. He stood on the edge of the aperture, his hands on the bars. He lowered his body off the cill and worked his way upon the bars, kissed the stone and so worked back again on the bars. Witness said he then kissed the stone while the Burkes held his legs. Then James Burke decided on kissing the stone, but said he would do it in the same manner as McCoy. Witness said he advised him not to chance it on his own. Then he heard McCoy’s voice shouting from behind. He repeated his request to Burke not to chance it, but at that time, Burke was working his way down the bars. He saw his hands disappear and then he heard a thud. When witness got down to where Burke had fallen, he found him unconscious. Cross-examined by Mr. Phelps, witness admitted he realised Ambrose (sic) did an extraordinary dangerous thing and the boys discussed between themselves that it was a dangerous thing McCoy did. Shown a picture postcard of a person about to kiss the stone, witness said he did it in the usual way and had no difficulty in the world in kissing it and getting back. He appreciated there was nothing to catch a person who fell and that was why he warned James Burke twice he was going to do a dangerous thing. In spite of his warnings, he took the risk. Daniel Burke, brother of deceased, said Harrington did not warn them of danger, nor did he see any warning notice about the place. John Coleman, a farmer, residing near Blarney, gave evidence that he knew the Castle for years, and testified to the increase in the number of visitors since the Muskerry tram first ran to Blarney. At this stage, Mr. Phelps asked for a direction on the ground that negligence on the part of the defendant had not been proved. After hearing the arguments on both sides, his Lordship adjourned his decision until after luncheon.
On resuming, his Lordship said – This is a very sad case and a very important case. Everybody must have the greatest possible sympathy with the plaintiff because of the death of his son in this deplorable accident, which occurred on July 24, 1932. I must, however, administer the law as I find it, and no matter what sympathy I may have, I cannot hold with that sympathy if the law does not allow me. The action was based on the negligence or breach of duty of the defendant, and his Lordship, continuing, said he was inclined to hold with Mr. Binchy that the duty imposed on the defendant as invitee, namely, that he should have used reasonable care to prevent accident or damage from an unusual danger of which he knew or should have known. If the plaintiff’s case was that his son had inadvertently fallen through this hole, or that he had got no notice or warning of the risk, plaintiff would be legally in a much stronger position. But what were the facts of the case? The deceased boy, his brother, and a young man named Donohue went down to the Castle. One of them approached Harrington, an employee of the defendant, who informed him how the Blarney stone might be kissed with some measure of safety. The evidence of Daniel Burke was that when he asked Harrington how the stone was to be kissed, Harrington told him one of them should lie on his back and catch the bars, while the others held him by the legs. Donohue decided to kiss the stone, and he did so by following the instructions of Harrington. Then a man named McCoy came up and he kissed the stone, but in an entirely different manner to that suggested by Harrington. There was the evidence of Daniel Burke. “My brother said he would also kiss the stone, not Pat’s (Donohue) way, but McCoy’s way”. He then proceeded to kiss the stone, not in the way suggested by Harrington, not in the way of Donohue, but he wanted to go one better and kiss it McCoy’s way. As he was attempting to do it Donohue told him not to, so did his brother Daniel, but, despite their warnings and the previous instructions from Harrington, be persisted in kissing the stone in the way which resulted in his death.
“In these circumstances”, his Lordship went on, “I am of opinion on the admitted facts this boy’s death was not due to any negligence or breach of duty on the part of the defendant, but entirely due to his own foolish attempt to go one better than McCoy”.
The above item was taken from a much larger article written by Chris Synnott and published in Old Blarney Journal Number 10.