Blarney Sessions – Defence of the Realm Act – “Up the Germans”

(Before Messrs. W.J. Hara, R.M. (in the Chair). Thomas Andrews and T. Sheehan.)

Patrick Fleming, who was stated to reside at Passage West was charged by Sergeant Hogan with having made a statement likely to prejudice the recruiting of his Majesty’s forces by shouting “Up the Germans!”

Mr. F.W. Wynne, solr., defended.

Constable Curran stated that about twenty minutes past four on Sunday evening, the 16^th May, he was standing at the door of Blarney police barracks, and noticed two cars outside Coleman’s Hotel, and a number of young men, including defendant, who had left the hotel, standing around the cars. Defendant was under the influence of drink at the time, and had to be assisted to a seat on one of the cars by some of his friends. When the cars were passing the barracks, the defendant shouted “Up the Germans!” The cars drove around, and witness got his bicycle, and accompanied by Constable O’Sullivan, followed the cars and overtook them near the church. He called upon the jarvey of the first car on which the defendant was seated to stop, and the jarvey did so. Witness told the defendant to leave the car, as he wanted to speak to him. Defendant did so and witness charged him with having committed an offence under the Defence of the Realm Act by shouting “Up the Germans!” Some of the defendant’s comrades wanted to take defendant away, but witness told them not to interfere.

Chairman – Did the defendant make any statement after arrest?  He made no statement.

Mr Wynne – What were young men doing when passing the police barracks?  Nothing.

Were they singing?  No.

Did you hear any of the men singing a song and the others laughing and joking at him?  No.

Was the defendant in a bad state of drunkenness?  He had quite enough drink taken.

Further replying to Mr. Wynne, witness stated that defendant gave his name as Patrick Sullivan when in the barrack. When charged defendant did not say witness was making a mistake. Defendant was in such a condition that it was impossible for him to talk in a rational manner. Constable O’Sullivan gave corroborative evidence. Defendant was excited at the time he was assisted to the car.

Mr. Wynne – Did you hear him say to any of his companions, “Let’s have that song about the Germans,” and another of his companions tell him to “Shut up”? No but he waved his hands himself and said “Up the Germans!”

Was he singing about the Germans? “Up the Germans!” came into it.

Witness added that one of the defendant’s comrades wanted the police to allow defendant go home but Constable Curran would not permit him. Constable Gregan corroborated, and added that he had not the slightest doubt about the expression defendant used.

Mr. Wynne said that if he were not perfectly satisfied from his personal knowledge of the defendant and from the evidence that he would produce of the man’s absolute innocence on the occasion, the magistrates would not find him defending in the case. Any man who in his sober senses made any reference to the Germans or backed them up deserved any punishment he would get, but after hearing the evidence for the defence, he was sure the magistrates would agree with him that at the time defendant made use of some expressions bringing in the word “German” he was in such a condition that he was unfit to carry on any proper conversation with any person. A man should always, or nearly always, be judged by his company. He, (Mr. Wynne) would produce a number of respectable young men who were with the defendant on the occasion and they would tell exactly what happened.

Defendant and his companions were young men employed by the Government in the construction of naval boats, and, as a matter of fact, defendant was one of those men who, a short time ago, joined in a protest at the Passage docks – it was a protest that was altogether in favour of the British army and British navy. Defendant had a brother fighting for his King and Country. That brother had been wounded, and was at present in hospital in Liverpool; and he also had a cousin fighting for his Country, and it was hardly likely that such a man would support the Germans. Defendants and his companions left Cork about one o’clock on the date in question to take a drive in the country. On the previous night defendant took too much drink and on Sunday he also took some drink, and it quickly upset him, and he was drunk when he came under the notice of the police. One of the company – a man named Murphy – sang a song he learned while working at the naval ships in Passage West, and the chorus of the song contained the words, “we will kill all the Germans when they come our way.” In Blarney, defendant insisted on singing or attempting to sing that song. While on the car he proceeded to shout out that song, but he must have got muddled and mixed the words. Defendant must have been drunk when he gave his wrong name. When one of the defendant’s companions learned with what the defendant was charged, he immediately said, “I don’t think he would say such a thing,” and he (Mr. Wynne) was sure that the magistrates would agree when they heard the evidence that defendant would not use such an expression.

Bartholomew Depuis, who described himself as being “half Irish and half Belgian,” gave evidence that he was in defendant’s company on the occasion, and he bore out Mr. Wynne’s statement. Defendant was noisy and shouted the chorus of a song that had been sung. What the defendant said was “We will kill all the Germans that come up our way.” Defendant and him-self and the members of their company were employed at Admiralty work.

 In reply to complainant, witness stated he went to the barracks after the arrest of the defendant and gave defendant’s name. He contradicted the Constable about the defendant using the words, “Up the Germans!” Thomas Depuis, brother of the last witness corroborated. “Defendant was very drunk on the occasion.” Patrick O’Mahony gave evidence of a corroborative character.

Constable Curran was recalled, and in reply to Mr. O’Hara, said that each of the men was sober except defendant. Depuis told him that one of the parties on the car was singing “We will kill all the Germans that come our way,” but he was sure defendant shouted “Up the Germans!”. That expression was used only once by the defendant.

Mr. O’Hara said that the defendant was lucky Mr. Wynne defended him, because the magistrates attached great importance to what Mr. Wynne had urged in his defence. The magistrates were unanimous that defendant did use the words complained of, but under extenuating circumstances, and only for those circumstances they would unquestionably send him to gaol for the full period allowed by law – six months with hard labour. There were a number of things in the defendant’s favour, one being that he was drunk on the occasion, though that was no excuse for his conduct. They had taken all the circumstances into account, and believed that the defendant did not realise the enormity of the offence he committed while the country was in a state of war. Defendant was a respectable man, but he should not have given a false name. They took all those facts into consideration but could not pass over an offence of that sort, and they would impose a nominal penalty of seven days imprisonment.

Mr. Wynne said that if the defendant were sent to gaol, he would lose his employment, and he asked the magistrates to impose a fine or else bind the defendant to the peace.

Complainant mentioned that he communicated with the police authorities at Passage West and he was informed that there was nothing against defendant. It was further stated that defendant was noisy when he had drink taken, but otherwise he was a good boy, and was employed as Mr. Wynne had stated. Defendant said that he had been twelve months in his present employment. Mr. Wynne said that it would be hard if the defendant were to lose his employment.

Mr. O’Hara – We would be sorry for that.

Mr. Wynne said that he was sure that if the defendant was bound to the peace, it would meet the case and he would also ask, in view of defendant’s employment, that a recommendation should go forth that he was not responsible for his actions on the occasion.

Mr. O’Hara said they would reduce the penalty to a fine of 20s and costs, and they would also recommend that defendant was not altogether responsible for what he did at the time. Defendant did not realise the gravity of the expression he used at the time.

The fine was immediately paid and the defendant discharged.

The above article appeared in the Cork Examiner of 21^st May 1915. (Reporter Unknown)