Edward Mullins

[chrisharley9]

MULLINS, EDWARD. Rank: Unknown. Regiment or Service: Unknown.

The only information I have on this soldier is contained in the below. He is not in any of the War Dead databases.

Waterford News and the Munster Express. August, 1915.

Soldier’s sudden death in the City.

A young soldier named Edward Mullins, living with his mother at Ballybricken, died at his home under somewhat tragic circumstances at his home early on Tuesday. Deceased had been I hospital as England for some time and was invalided home. He had been in the city only a few days and since his arrival had been under the care of Dr White. Between 1 and 2 o’clock he got a seizure in the house. Medical and spiritual aid were immediately requisitioned. The priest arrived and administered the last Sacraments, but when the doctor came he pronounced life to be extinct. An inquest will not probably be held, as Dr White had attended Mullins as late as the previous evening.

This info is courtesy of Museumtom who has been passing info on Irish non commemorateds to me. I have not been able to find any possible service or pension records so far. Can anyone make any suggestions please

Cheers

Chris

[PaulC78]

Thanks to the pension cards we were able to identify this man as Cpl Edward Mullins 81801 Royal Field Artillery back in early 2020. The case was put forward, and his grave was found at Ballynaneashagh (St. Otteran's) Catholic Cemetery, Co Waterford, Ireland. Unfortunately, we now know that this case has been rejected. A reason has not yet been given, but I suspect it comes down to a lack of sufficient evidence.

[museumtom]

Thank you Chris for not forgetting him, and thank you very much indeed Paul, an exceptional piece of sleuthing. That was one danged difficult one to find. 

Kindest regards.

Tom.

[Michael Pegum]

He has been included on the Waterford WW I memorial in Dungarvan:

irishwarmemorials.ie/Place-Detail?siteId=451

Perhaps museumtom was involved in drawing up the list of 1,102 names on this memorial.

[museumtom]

Yes indeed I was but at the time of the Waterford War Dead I did not have any records for him.

[museumtom]

Here he is as he appears in the book.

[PaulC78]

The reason for his rejection given by JCCC is as follows:

Quote

It is likely that Edward Mullins was a deserter at the time of his death, and as such he does not qualify for commemoration under the death in service criterion.

It's not clear on what basis they have determined that he was "likely a deserter",

Edited 25 October , 2022 by PaulC78

[ss002d6252]

The effects records has him not qualifying for a war gratuity under para 11 of the 1917 regs.

Para 11 of AO 17 of 1919

 

Quote

The gratuity will not be issuable under this Warrant in the case of a soldier :-
(a) Discharged under the paragraph 392(x),(xi),(xii) or (xiii) King’s Regulations, or under paragraph 392 (xxv) in circumstances in which he forfeits his gratuity under Article 1117 (i) (h) of the Pay Warrant [See King’s Regulations] [See Royal Pay Warrant].
(b) Sentenced to death either by court-martial or by the civil power, where the sentence has been carried in to effect; or who died in a state of mutiny or desertion.
(c) Who has been sentenced by court-martial to penal servitude, imprisonment or detention, for an offence which the accused has alleged arose out of conscientious objection to military service.
[(d) Promoted or discharged for the purpose of being appointed, to a commission in the Army, or granted a commission subsequently to discharge for any other cause.
(e) Discharged for the purpose of joining, or of being appointed to a commission in the Royal Navy, the Royal Air Force, or the Colonial or Dominion Forces; or who subsequently to his discharge for any other cause joined or was appointed to a commission in any of the force .]
[An officer who has rendered previous war service in the ranks will be eligible to receive a gratuity for such service under the conditions laid down in the Royal Warrant of 17th December 1918, as amended by this Warrant, in addition to any gratuity admissible under this Warrant, or, in the case of an officer holding a Special Reserve, Territorial Force, or temporary commission, in addition to that admissible under Article 497 of the Royal Warrant for Pay, &c. ][Substituted via AO85 of 1919 for 11(d) and 11(e) in respect of men commissioned from the ranks.]
(f) Who during his military service was in receipt of his full civil emoluments from the General Post Office in addition to his military emoluments.

They seem to have read it as para 11(b) - and so, in the absence of a death penalty, he must have been under a state of mutiny or desertion.

Craig

[PaulC78]

Thanks Craig, I did wonder about that note on the SER.

[ss002d6252]

I must add though that it is slightly amusing that the records will be used when they support a rejection but are often stated to be 'possibly in error' when they support inclusion.

Craig

[RaySearching]

Died of T.B aggravated by active service ?

[ss002d6252]

5 minutes ago, RaySearching said:

Died of T.B aggravated by active service ?

To be fair, the issue with the pension side is that being in a state of desertion wouldn't automatically prevent entitlement due to the way the RWs were drafted. So he could, at least in theory, be a deserter but still be certified as dying of something contracted in service.

Craig

[museumtom]

Soldier’s Sudden Death. A soldier named Edward Mullins, residing at Ballybricken, Waterford, died rather suddenly on Tuesday afternoon. He had been in hospital in England for some time and was invalided home. As the deceased was under medical attendance an inquest was not considered necessary.Waterford News and the Munster Express. August, 1915. Soldier’s sudden death in the City. A young soldier named Edward Mullins, living with his mother at Ballybricken, died at his home under somewhat tragic circumstances at his home early on Tuesday. Deceased had been I hospital as England for some time and was invalided home. He had been in the city only a few days and since his arrival had been under the care of Dr White. Between 1 and 2 O'clock he got a seizure in the house. Medical and spiritual aid were immediately requisitioned. The priest arrived and administered the last Sacraments, but when the doctor came he pronounced life to be extinct. An inquest will not probably be held, as Dr White had attended Mullins as late as the previous evening.

[museumtom]

Died after discharge at his home in 15 Ballybricken, Waterford, from pulmonary tuberculosis 3 months haemoptsis certified. His wife Kathleen was present at death. Occupation on death cert-fireman.

[ss002d6252]

6 minutes ago, museumtom said:

Died after discharge at his home in 15 Ballybricken, Waterford, from pulmonary tuberculosis 3 months haemoptsis certified. His wife Kathleen was present at death. Occupation on death cert-fireman.

Interesting that this report says he was discharged - clearly at odds with the SER, but would tie in with the pension side more readily.

Craig

[RaySearching]

I think this case needs resubmitting

The MOD have rejected this case on the mistaken belief that this soldier was "likely to have been a deserter"

with no evidence to support  it,  except for an entry on the effects register, a 1919 regulation added to the effects register some 4 years after the demise of the soldier !

The pension documents and the  newspaper reports suggest otherwise

 

Ray

 

 

 

[Matlock1418]

On 25/10/2022 at 12:50, PaulC78 said:

they have determined that he was "likely a deserter",

Likely - How definitive a reason for a rejection is that?

Of course they may have used as follows, but still ???

On 25/10/2022 at 13:27, ss002d6252 said:

The effects records has him not qualifying for a war gratuity under para 11 of the 1917 regs.

Para 11 of AO 17 of 1919

Quote

The gratuity will not be issuable under this Warrant in the case of a soldier :-
(a) Discharged under the paragraph 392(x),(xi),(xii) or (xiii) King’s Regulations, or under paragraph 392 (xxv) in circumstances in which he forfeits his gratuity under Article 1117 (i) (h) of the Pay Warrant [See King’s Regulations] [See Royal Pay Warrant].
(b) Sentenced to death either by court-martial or by the civil power, where the sentence has been carried in to effect; or who died in a state of mutiny or desertion.
(c) Who has been sentenced by court-martial to penal servitude, imprisonment or detention, for an offence which the accused has alleged arose out of conscientious objection to military service.
[(d) Promoted or discharged for the purpose of being appointed, to a commission in the Army, or granted a commission subsequently to discharge for any other cause.
(e) Discharged for the purpose of joining, or of being appointed to a commission in the Royal Navy, the Royal Air Force, or the Colonial or Dominion Forces; or who subsequently to his discharge for any other cause joined or was appointed to a commission in any of the force .]
[An officer who has rendered previous war service in the ranks will be eligible to receive a gratuity for such service under the conditions laid down in the Royal Warrant of 17th December 1918, as amended by this Warrant, in addition to any gratuity admissible under this Warrant, or, in the case of an officer holding a Special Reserve, Territorial Force, or temporary commission, in addition to that admissible under Article 497 of the Royal Warrant for Pay, &c. ][Substituted via AO85 of 1919 for 11(d) and 11(e) in respect of men commissioned from the ranks.]
(f) Who during his military service was in receipt of his full civil emoluments from the General Post Office in addition to his military emoluments.

Expand  

They seem to have read it as para 11(b) - and so, in the absence of a death penalty, he must have been under a state of mutiny or desertion.

On 25/10/2022 at 13:36, ss002d6252 said:

I must add though that it is slightly amusing that the records will be used when they support a rejection but are often stated to be 'possibly in error' when they support inclusion.

Amusing? [know you are likely being ironic!]  It does sometimes rather seem like their approach.

The fact that they made a SER entry to me rather suggests he was still considered serving and thus had monies in arrears that needed to be paid out = serving = commemoration.

The possible desertion does seem to come rather later/quite a bit later - so how firm is that entry as grounds for non-commemoration??

On 25/10/2022 at 14:10, ss002d6252 said:

To be fair, the issue with the pension side is that being in a state of desertion wouldn't automatically prevent entitlement due to the way the RWs were drafted. So he could, at least in theory, be a deserter but still be certified as dying of something contracted in service.

Interesting.

On 25/10/2022 at 14:55, museumtom said:

Died after discharge at his home in 15 Ballybricken, Waterford, from pulmonary tuberculosis 3 months haemoptsis certified. His wife Kathleen was present at death. Occupation on death cert-fireman.

On 25/10/2022 at 15:02, ss002d6252 said:

Interesting that this report says he was discharged - clearly at odds with the SER, but would tie in with the pension side more readily.

This look rather like a sort of transcription [or is it summary?] of his DC ??

https://civilrecords.irishgenealogy.ie/churchrecords/images/deaths_returns/deaths_1915/05264/4460754.pdf

Looks like a summary to me - wondering where the "after discharge" came from ???

Though is rather strange that there is no reference to him being a serving soldier under his occupation on his DC.

On 30/10/2022 at 20:14, RaySearching said:

I think this case needs resubmitting

The MOD have rejected this case on the mistaken belief that this soldier was "likely to have been a deserter"

with no evidence to support  it,  except for an entry on the effects register, a 1919 regulation added to the effects register some 4 years after the demise of the soldier !

The pension documents and the  newspaper reports suggest otherwise

An interesting case

Think I'd be further questioning them about the rejection decision.

Where is the real 'killer' evidence of "desertion"? [and/or a post-discharge death] - they do seem to want presenters of non-comm cases to have it all in black and white so why aren't they presenting their case in such = Not seen it particularly so, so far [though I do accept the later SER entry is a puzzle/likely potental challenge to his commemeration and the lack of a military occupation on his DC rather unhelpful to his cause]

Always interesting to try and get inside the level of understanding and decision-making of CWGC et al - so as to aid the presentation of potential future cases.

I guess for for others to try to get more, should they decide they wish to do so.

M

[RaySearching]

On 25/10/2022 at 14:10, museumtom said:

Deceased had been I hospital as England for some time and was invalided home.

Deserted ! ? The soldier is believed to have been in hospital and invalided home. as per the  newspaper report posted by Museum Tom

Ray

[Matlock1418]

12 hours ago, RaySearching said:

On 25/10/2022 at 14:10, museumtom said:

Deceased had been I hospital as England for some time and was invalided home.

Deserted ! ? The soldier is believed to have been in hospital and invalided home. as per the  newspaper report posted by Museum Tom

Just play 'Devil's Advocate' ... perhaps that explanation was his local cover story for being at home and thus after his death reported as such to the newspaper.  ???

Perhaps he had actually earlier left a military camp or even a hospital without permission ???  But so far not seen any direct evidence of this - just that rather challenging, and seemingly likely damning, SER entry.

M

[RaySearching]

1 hour ago, Matlock1418 said:

ust play 'Devil's Advocate' ... perhaps that explanation was his local cover story for being at home and thus after his death reported as such to the newspaper.  ???

M  I have to agree that newspaper reports cannot be relied on to be accurate and should only be used as a guide

 

 

Ray