Bar stools and pool cues used in Sunday morning pub fracas in Ballina
A SUNDAY MORNING row in a Ballina pub led to four defendants being jailed at a special sitting of the local court which heard of bar stools and pool cues being used during the fracas. Appearing before Judge William Earley were Brendan Murray Junior, 60 Greenhilles Estate and Derek Murray, 13 Bunree Road, Ballina (represented by Mr. John Gordon, solicitor) and Francis Marshall, 25 St. Patrick's Estate and Robert Marshall, 144 Greenhills Estate, Ballina (represented by Mr. Peter Flynn, solicitor). A bench warrant was issued for a fifth defendant, Tommy Murray, with an address at Laurel Park, Newcastle, Galway, who was not in court. Tommy Murray is charged with threatening, abusive and insulting behaviour in a public place and an assault on Robert Marshall. The other defendants were all convicted of assault. Robert Marshall told the court on Sunday, June 28, at 2p.m. he went to the Midway Bar with John and Francis Marshall. Brendan Murray jnr was talking to his father and he proceeded up to the bar. Murray came to Francis Marshall and asked was he looking for him the previous night. The two other Murrays were down at the pool table and holding pool cues. Brendan Murray jnr, he said, walked up close to Francis Marshall and put his head close to his head in an aggressive approach. Marshall said if he was looking for him he knew where he was. Murray jnr put his head back as if he was going to give him a head butt. Francis Marshall pushed him back and he fell on top of his father. Robert Marshall said Derek Murray hit him on the head with a pool stick. "I picked up an ashtray, looked around, saw Brendan Murray jnr with a bar stool in his hand so I threw the ashtray towards him. It hit the wall behind." Witness said he received a slap of a pool stick from Tommy Murray. He saw Derek Murray at the pool table with a stick in his hand and "I was going after him" when Brendan Murray jnr hit him with a bar stool on the head. Robert Marshall later received twelve stitches on his head. In cross-examination Mr. Gordon put it to Robert Marshall that he went into the pub to pick a fight and to finish off unfinished business from the night before. John Marshall jnr, a brother of the first witness, told the court how Brendan Murray jnr came towards Francis Marshall in an aggressive fashion, close to his face, and looked like he was going to hit him with his head when Marshall pushed him back. Murray started throwing thumps at Francis Marshall. He saw the other two Murrays running with pool cues towards Robert Marshall and bang off his head. Witness said he received five stitches himself. He grabbed Tommy Murray and Brendan Murray jnr came behind him and hit him with a stool on the head. In cross-examination he said he was not barred from the pub by the owner. Francis Marshall said on June 27, the previous night, he was in the pub with his wife and also met his brothers. He said he saw Derek Murray strike another man in the face. He alleged Murray jumped off his stool towards Robert Marshall who hit him as he was making shapes and bringing Robert Marshall into the fight. There was a scuffle which then broke up and they were told to leave the pub. On June 28, he said, Brendan Murray jnr approached him aggressively and stuck his head in his face and asked was he looking for him the night before. His head was going back as if to head butt him so Marshall pushed him back. He heard his brother Robert shout and saw Derek Murray run away with a pool cue in his hand. He did not see a blow being struck. He ran towards the back of the bar to take the stick off him. Witness said "everything got out of hand." Stools were being fired around. He ran towards the pool table and handed his brothers Robert and John pool cues so they could stop the Murrays coming at them again. They did not use them. Robert Marshall was very weak and they made for the back door. John Marshall senior told the court he was in the Midway Bar a few minutes when Francis, Robert and John Marshall walked in. Brendan Murray jnr approached Francis Marshall, asked was he looking for him and was told if he wanted him he would find him. "It was face to face", he said, and Marshall pushed him back. The row started, he said, and there were "stools and sticks flying." He heard his son Robert shouting for a doctor and saw blood coming down his face. They went down the side door and to the hospital. In cross-examination by Mr. Gordon, he said the Marshalls did not use stools but probably had them in their hands. He then said they probably fired a stool or two but maybe they were defending themselves. Brendan Murray jnr said he went to the Midway bar with his two brothers, father and uncle at 1.30p.m. on Sunday, June 28. He had been at the bar talking to the Marshall brothers father. There was an argument the night before, he said, when his brother got a black eye and he said Francis Marshall was shouting and roaring looking for him. He asked Francis Marshall was he looking for him and was told if he was looking for him he knew where he lived. Marshall pushed him against the wall. Witness said he hit Marshall twice with his fists. Robert Marshall fired a glass ashtray and "it hit me in the chest." He said Francis Marshall hit him on the head with a stool. Witness said there were chairs being fired. Francis Marshall hit him with a pool stick on the head. The fight had died down when the owner of the bar came back in. He asked the Marshalls to leave. As he was leaving Francis Marshall said the Murrays better leave their houses that night or else he would burn them out. Brendan Murray jnr said he had a run in on July 11 with Francis Marshall. He said he was going into his father's house when Marshall pulled in in his car and started shouting and said the fight was not over yet. Murray said he opened the boot, took out a base-ball bat and hit the car and said this was what Murray was going to get. Murray said he went in and reported the matter to the Gardai. In cross-examination Mr. Peter Flynn, solicitor, said this second incident was a "fictitious complaint" pulled to try and cause problems with the Marshalls and there was no such incident. He said Murray and his brothers had "ambushed" the Marshalls in the pub. Derek Murray told the court said on June 27 he was insulted by a Noel Moran and Robert and Francis Marshall then started to pick a fight with him. Robert Marshall was poking him in the back and asking why he was arguing with the other man and Murray told him it was none of his business. He said Marshall hit him in the face and his brother Francis pulled him on to the ground. On June 28 he said Francis Marshall started fighting with Brendan Murray jnr. They were wrestling and were in grips. He saw Robert Marshall fire an ashtray at Murray jnr, hitting him on the chest. He said John Marshall and Tommy Murray started fighting. He saw Francis Marshall with a bar stool and then with a pool cue. Under cross-examination he said the Marshalls were telling lies if they said he had struck them with a pool cue. Brendan Murray snr told the court his son Brendan spoke to Francis Marshall who pushed him away. "It was fairly violent," he said, and he lost his balance and went back against the wall. Brendan Murray jnr went for him and hit Marshall with his hands. Robert Marshall fired a glass ashtray and struck Murray jnr in the chest. Witness said he turned his back. "All the lads were fighting." He did not see anyone using bar stools. He tried to get out of the way. He saw broken pool sticks. Another witness, John Garett, said he was in the Midway Bar with the Marshalls. Brendan Murray jnr came up to Francis Marshall in an aggressive manner and looked as if he was going to headbutt him. Marshall pushed him back and he fell against a chair. Witness said he went back as he did not want anything to do with the row. He saw Derek and Tommy Murray carrying pool cues. He said he saw Robert Marshall being hit by Brendan Murray jnr with a stool. The other two Murrays were swinging pool cues but he did not see who they hit. Mr. Gordon put it to the witness that he was a partial witness and was not giving the whole story. Tommy Kelly said he was with the Murrays, who were his nephews and their father. Brendan Murray jnr asked Francis Marshall was he looking for him. He did not know what Marshall said to him. His approach did not seem too bad to him. Marshall then pushed him back and Murray fell down along the wall. He got up and hit Marshall a slap in the face. Kelly said Robert Marshall threw an ashtray and struck Brendan Murray jnr on the chest. Witness got out of the way and did not see any stools being raised or thrown. He didn't see any pool cues. The publican, Raymond O'Boyle, said on June 27 a bit of a fracas started. He was busy and did not see belts being thrown. He said Robert Marshall came up to Derek Murray and started throwing punches. Murray did not retaliate and Francis Marshall pulled him down and was fighting. O'Boyle separated them and asked them to leave and not come back. On Sunday morning, June 28, the Murrays came in and then John Marshall snr. He served him and then went out to change a barrel. When he came back all hell had broken loose. The Marshalls were just heading out the back door. A glass ashtray was broken as were a few lights and a piece at the corner of the bar. There were three or four pool cues broken. No stools were broke. Dr. William Brunker gave evidence to the court he was called to Ballina hospital where two of the Marshalls had head injuries and they were transferred to Castlebar General Hospital. Both were covered in a lot of blood. He was concerned they had been seriously assaulted and he felt it was necessary to report the matter to the Gardai. Garda Michael Mullins said Dr. Brunker informed him he was after attending Robert and John Marshall at Ballina hospital and that Robert Marshall had a large gash on his head and needed stitching. At 6.30p.m. Brendan Murray jnr called to the Garda Station and reported there was a white van outside his house which contained two of the Marshall family and he was afraid to go home. He said there was a row earlier in the day. Garda Tom Lyons checked out the van. Brendan Murray jnr and Tommy Murray had cuts and were advised to get medical attention. Regarding the incident on June 27, Robert Marshall told the court Derek Murray had jumped off his stool and was going to strike him so he hit him. A scuffle broke out. They were not told they were barred. Judge Earley said the facts seemed clear. On June 27 arising from an incident between Derek Murray and another party, Murray was assaulted by Francis and Robert Marshall. The following day the Murrays were in the pub when the Marshalls came in. Brendan Murray jnr was pushed by Francis Marshall and he in turn struck Marshall. He was satisfied Derek Murray came with a pool cue and struck Robert Marshall. After that Brendan Murray was struck by an ashtray thrown at him and all hell broke loose in which people were using cues and bar stools to hit each other. "I have no difficulty in finding all parties guilty of all the charges before the court." In mitigation Mr. Gordon said Brendan Murray jnr was married and looked after his children while his wife works part-time. He had no previous convictions and looked after his father and kept the family going. He was never in trouble before and was a very competent family man. He said Derek Murray was aged 22 years and lived with his partner and child. It was out of character for him to be involved in the matter. He did not retaliate on the first night. It would be wise to bind both to the peace provided all other parties were also bound over. Mr. Flynn said the Marshalls were normally not troublesome. He asked that there be no obvious losers given that everyone was a loser in this situation. Judge Earley said someone could have been killed. To hit people over the head with cues and bar stools was potentially very dangerous. All four defendants were sentenced to six months in prison. All except two weeks of each sentence was suspended for three years and they were bound to the peace for two years. Francis Marshall was sentenced to a further three months consecutive term, suspended except for two weeks, meaning he will serve a total of four weeks. Recognisance in the event of an appeal in each case was fixed at £250 own bond and £500 independent surety. |
