Bowes epitomizes the severity of the 18th century Penal Laws against Irish Catholics when he rules, in about 1759, that: “The law does not suppose any such person to exist as an Irish Roman Catholic, nor could such a person draw breath without the Crown’s permission”. Such views, given that Roman Catholics make up more than 90% of the Irish population at the time, inevitably make him bitterly unpopular, and in 1760 he is assaulted during a riot outside the House of Commons.
In spite of his religious bigotry, Bowes is considered one of the outstanding judges of his time. In particular, he is a reforming Lord Chancellor, who is praised for making the Court of Chancery “a terror for fraud, and a comfort and protection for honest men”. As Attorney-General he shows considerable courage in going on assize during the Irish Famine (1740–1741) despite the infectious fever which is raging at the time, and which claims the lives of three other judges who decide to brave the dangers.
Bowes is considered one of the finest speakers of his time. His speech for the prosecution at the trial of Henry Barry, 4th Baron Barry of Santry, who is charged with murder in 1739, is described by those who hear it as a masterpiece of eloquence and logic, and leads to the Irish House of Lords bringing in a unanimous verdict of guilty against Santry.
Bowes dies in Dublin on July 22, 1767, his mental faculties fully intact despite his bodily infirmities. He is buried in Christ Church Cathedral, Dublin, where his brother raises a memorial to him. He never marries, and his title becomes extinct on his death. He lives at Belvedere House, Drumcondra. His estates passes to his brother Rumsey Bowes of Binfield, Berkshire.
Willes is born on February 13, 1814, in Cork, County Cork, the eldest among six children of James Willes, physician, and his wife, Elizabeth Aldworth, daughter of John Shaw, mayor of Cork in 1792. Educated at Dr. Porter’s school in Cork and Trinity College Dublin (TCD), he graduates BA in 1836, having entered the King’s Inns the previous year. In 1837, he goes to London and joins the Inner Temple as a pupil of the noted barrister Thomas Chitty (1802–78), in whose chambers he remains as a salaried assistant and special pleader before being called to the English bar on June 12, 1840. The Willes and Chitty families are connected, and James’s younger sister, Mary, later marries Thomas Chitty’s son.
Willes joins the home circuit, though his practice is chiefly in London in mercantile and maritime law. A leading junior in the Court of Exchequer, he holds the post of tubman from 1851, an honorary position in the gift of the Lord Chief Baron. Known for his erudition, he is persuaded to edit, with Sir Henry Singer Keating, the third and fourth editions of John William Smith‘s Leading Cases (1849, 1856). In 1850, his reputation is such that he is appointed one of the commissioners to draft the common law procedure bill (1854) and is credited with having effected most of the reform therein. On July 3, 1855, he is appointed judge of the Court of Common Pleas, though he has not yet taken silk and is only 41, the youngest lawyer but one to have been appointed to the bench since 1778.
A classical scholar and linguist who knows oriental as well as European languages, who travels widely, loves poetry, and frequents literary men, and whose judgments are clear and philosophical, Willes is accounted among the best common law judges of his day, and is celebrated for the simplicity and lucidity of his style. Notable judgments include Esposito v. Bowden (1857), which lays down that the force of a declaration of war is equal to that of an act of parliament prohibiting commercial transactions with the enemy. In the law of torts, he gives an oft-cited judgment in the case of Indermaur v. Dames (1866), which has been accepted almost as statutory, on the liability of the occupier of a building for the safety of a visitor. In 1868, as one of the first judges appointed to try election petitions, he lays down the rules of practice generally followed afterward. A strong British patriot, he serves in the Inns of Court Volunteers from 1859 until shortly before his death.
On November 3, 1871, Willes is sworn of the privy council. However, his health has deteriorated through overwork and an emotional temperament, and he has long suffered heart disease and gout. In August 1872, after a heavy assize at Liverpool, he returns to his house, Otterspool, Watford, Hertfordshire, and succumbs to a nervous breakdown, which leads to his shooting himself on October 2, 1872. He is buried on October 7 at Brompton Cemetery in London. He is survived fifteen years by his wife, Helen, daughter of Thomas Jennings of Cork, whom he married on May 17, 1856. There have no children.
A tall, reserved man, with a prominent nose and sad eyes, Willes has great affection for children and animals and is singularly emotional. He is known to return to his room and shed tears before passing sentence on a criminal. He never loses his Irish accent. His marriage is allegedly unhappy, as he had been forced into it after he had fallen out of love. Sir Frederick Pollock (1845–1937), author of the magisterial History of English Law before the Time of Edward I and sometime marshal to Willes, dedicates to him his first textbook on torts in 1879, writing that he was “one of those whose knowledge is radiant and kindles answering fire.” A century later, A. W. B. Simpson maintains that “his reputation as a jurist will last as long as the law reports of England are read.”
(From: “Willes, Sir James Shaw” by Bridget Hourican, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
Orr is the son of James Orr, who farms a few acres and is a linen weaver. His mother’s name is unknown. They live in the small village of Ballycarry, in the parish of Broadisland, County Antrim. He is an only child, born when his parents are middle-aged. They are unwilling to risk sending him to school, so they carefully educate him at home, his father having been very well educated. A near-contemporary source George Pepper (1829), claims that the youngster is something of a prodigy, able to read Spectator essays at the age of six. Later in life, partly thanks to membership of a local reading society, he is remarkably well read. Handloom weavers are reputedly one of the most literate and politically radical groups in the period, and he certainly fits the stereotype. Pepper also claims that William Orr is James Orr’s uncle, and that the younger man lives for three years with William Orr and his family, where his literary talents are nurtured and where he develops an interest in radical politics. Other sources do not support this account, but if there is a relationship it might explain an almost morbid interest in assizes, executions, and gallows, evident in several poems. This also might have been prompted by witnessing William Orr’s trial and execution.
Pepper “heard from good authority” that Orr in 1797 is secretary to the Antrim Association, of which William Orr is president; presumably this means the Society of United Irishmen. He sings a patriotic song called “The Irishman,” one of his most celebrated compositions, at a meeting of that body. The earliest publications traced are poems published pseudonymously (1796–97) in the Northern Star newspaper. This paper, edited by Samuel Neilson, is sympathetic to United Irish views, and it is clear that Orr, like many of his neighbours, is actively involved in the 1798 rebellion. Several poems dealing with the events of June 1798, provide a rare participant’s perspective. He takes part in the skirmish at Donegore, and flees after the defeat at the Battle of Antrim. Local sources record his successful efforts to prevent cruelty and looting by his colleagues. He goes into hiding in an Irish-speaking area, perhaps in the Glens of Antrim or in the Sperrin Mountains. After a short time, he escapes to the United States, but unlike many of his former comrades he finds himself unable to settle there, and very soon returns home to Ballycarry, and thenceforth makes his living as a weaver. In 1800, he seeks to join the militia set up to counter a feared Napoleonic invasion, but the local gentry in command rejects his application because of his United Irish associations.
Orr’s first verses are composed at meetings of a local singing school, where rival versifiers produce impromptu verses for the company to sing to the psalm tunes being practised, and he later writes songs for masonic meetings. He publishes poems in the Belfast newspapers. A few carefully written essays on morality and education, signed “Censor, Ballycarry,” are apparently also his work. A collection of poems is published in 1804, with almost 400 subscribers, and another selection is published in 1817 after his death by his friend Archibald McDowell. Orr had requested that the proceeds should go to help the poor of Ballycarry. His poems are an excellent source of information about the life and concerns of a fairly humble stratum of late eighteenth-century Ulster society.
Many of Orr’s best poems deal with subjects of interest to his community – weaving, social life, and farming – and are written in the Scots language still widely spoken in the area. He expertly uses Scots stanza forms, and joyously participates in the almost competitive composition of verse typical of the Scots tradition. Several of his poems rework themes found in Robert Burns or other earlier writers. His An Irish Cottier’s Death and Burial is derived from a Burns poem, The Cottier’s Saturday Night, but later critics acknowledge that the Orr poem is much more successful. He and his friend Samuel Thomson are pioneers in the use of written Scots in Ulster and are regarded as the two most skillful Scots poets in Ulster. Both are celebrated in their day, and their work in Scots has been rediscovered in the twentieth-century revival of interest in the traditional literature and history of the north of Ireland.
Orr’s verse in standard English is equally competent, even more ambitious and almost as interesting. The best of his work, particularly in Scots, is characterised by pleasing cadences and assured control of tone and technique. His novel and generally impressive experiments with soliloquies, verse epistles, and versified direct speech, in English and Scots, parallel his interest in extending the registers in which he could use the vernacular Scots language. He seems not to have known of William Wordsworth‘s poetry, but, apparently independently and arguably more successfully, produces verse written in “the language really used by men” (Wordsworth, preface to Lyrical Ballads (1798)). As well as fascinating foreshadowings of romanticism, his work more often reveals the influence of the enlightenment and of New Light presbyterianism. He is a member of the congregation of the Rev. John Bankhead, whose theological views are decidedly liberal, tending even towards unitarianism. His poems provide a great deal of evidence on his reading, interests, radical aspirations and convictions; and in them and in the prose essays, the reader encounters a humane and generous personality. Like many other United Irishmen, he is an enthusiastic freemason, and believes that freemasonry and education will help to usher in a peaceful millennium. His poetry reveals humanitarian concerns, not yet common in the period. He opposess slavery and cruelty to animals and children and expresses support for a contemporary popular rising in Haiti. In 1812, he signs a petition in favour of Catholic emancipation.
Orr never marries. His friend McDowell believes that the resulting lack of domestic comforts drives the poet to socialise in taverns, and it is said that local fame and popularity encourages his excessive drinking. He suffers from ill health in later life. A neglected cold in 1815 leads to tuberculosis. He dies on April 24, 1816, and is buried in the old Templecorran graveyard at Ballycarry. Some years later, freemasons erect an impressive monument over the grave.
Orr’s poems are republished by a group of local enthusiasts in 1935. Another selection appears in 1992. A plaque put up by the local district council commemorates “the bard of Ballycarry,” probably the most significant eighteenth-century English-language poet in Ulster.
(From: “Orr, James” by Linde Lunney, Dictionary of Irish Biography, http://www.dib.ie, October 2009)
The first organised action against British military forces since the 1916 Easter Rising, takes place at Fermoy, County Cork, on September 7, 1919. It is carried out by the Cork No. 2 Brigade of the Irish Republican Army (IRA) under the command of Liam Lynch. Their objective is an armed party of British soldiers who attend Sunday service at the Wesleyan Church at the eastern end of the town, the church being about half a mile from their barracks. It is not known if the rifles they carry are loaded but the assumption is that they are and plans are made for that contingency.
At around 10:30 a.m. on Sunday morning, September 7, 1919, fourteen soldiers and a corporal leave their barracks and march through the town towards the Wesleyan Church. They carry their rifles at the slope. Approximately twenty-five volunteers from Fermoy company, armed with just six revolvers between them, assemble in groups of two and three in the vicinity of the church, remaining well spread out to avoid attracting attention. The main attacking party of which Larry Condon is in charge, includes John Fanning Michael Fitzgerald, Patrick Ahern and James Fitzgerald. Another group is detailed to collect the rifles and transfer them to cars parked nearby, while the remainder are to close in from the rear when the attack begins and prevent any attempt by the British to get back to their barracks. Any volunteers who are unarmed carry short clubs hidden on their person.
One of the cars, with George Power in charge, is halted near the church, with two men attending to an imaginary breakdown. The second car, which includes Liam Lynch, drives up Patrick Street behind the party of soldiers, timing it to arrive at the church at the same moment as the soldiers. A whistle blast begins the assault. Liam Lynch calls on the soldiers to surrender but they immediately resist. The attackers rush them, shots are fired and for a minute or two there is a confused struggle. A soldier swinging a rifle butt at Lynch is shot dead while three others are wounded. When the soldiers are finally overpowered, their rifles are taken from them and piled into the Buick driven by Leo O’Callaghan. Into that car also goes Liam Lynch, Owen Harold, Ned Waters, Tom Griffin, Larry Condon, Michael Fitzgerald and John Fanning while Jack Mulvey’s Ford contains Pat Leahy, John Joe Hogan, Peter O’Callaghan, George Power and Dan Hegarty. Both cars head out the Tallow road while the remaining volunteers scatter on foot.
Shortly afterwards a bugle call at the barracks raises the alarm and within minutes two lorry loads of soldiers are speeding out the Lismore road in pursuit. However, at Carrigabrick, a mile and a quarter from the town, two trees on the roadside have been partly sawn through and then held in position by ropes. The moment the cars carrying the rifles pass, the trees come down with a crash thereby forcing the pursuers to make a detour and lose the trail. At Kilmagner, five miles from Fermoy, the rifles are taken to a pre-arranged spot and safely concealed. The following night they are transferred to a dump in the Araglen company area.
Much thought had been given to the selection of officers and men for the task. It is inevitable that those of them who are well known locally would thereafter have to evade arrest. Intensive searches by military and police continue throughout the day. Parties of military in lorries scour the countryside, cars are held up and many people questioned. Two days later the district is proclaimed a military area.
On the Monday night following the raid a large party of soldiers from the British garrison at Fermoy descend upon the town. They smash the windows in most of the shops in Pearse Square, MacCurtain Street and Patrick Street and loot the contents. The following night the troops are confined to barracks, but on Wednesday night they assemble again but find a large crowd of residents waiting for them in Emmet Street. Armed with sticks, stones and other weapons, the local people attack the soldiers so furiously that they are driven back to their barracks. Many citizens barricade their homes and premises and prepare to defend them against further attack, but by Thursday the spate of lawlessness appears to be over for the time being.
However, arrests soon follow. Local Battalion Commandant Michael Fitzgerald, Vice Commandant Larry Condon and Fermoy Company Captain, John Fanning, are among those detained. Others arrested are James Fanning, John Swaine, John Joe Hogan, Martin O’Keeffe, Dick O’Keeffe, Pat Leahy, Tom Griffin, Peter O’Callaghan and Jack Mulvey. Two months later further arrests are made at Mallow. Dan Hegarty, Brian Kelly, Ned Waters, Owen Harold and Leo O’Callaghan are detained. After a series of weekly remands, the prisoners are returned for trial at the Cork Assizes in July, 1920. At Cork the Grand Jury finds against Michael Fitzgerald, John Joe Hogan and Dan Hegarty. The remainder are released.
Sir James Peter Comyn, Irish-born barrister and English High Court judge, is born at Beaufield House, Stillorgan, County Dublin on March 8, 1921. Considered by many to be “the finest all-round advocate at the English bar”, he is appointed to the High Court of Justice in 1978, serving on the bench until his retirement in 1985.
Comyn is the son of Nationalist barrister James Comyn KC and of Mary Comyn. Through his father he is the nephew of the barrister Michael Comyn KC. Both his father and uncle had been political and legal advisers to Éamon de Valera, who at one point uses Beaufield House as a safe house. However, the Comyn brothers have a falling out with de Valera shortly before he comes to power in 1932, and Michael Comyn is passed over as Attorney General of the Irish Free State. As a result, James Comyn, who is then attending Belvedere College in Dublin, is sent by his father to attend The Oratory School in England. He spends six months as a trainee at The Irish Times under the editor R. M. “Bertie” Smyllie, but abandons journalism after a joke he added to an obituary is printed in the paper, leading to his demotion to the racing department.
Comyn is called to the English bar by the Inner Temple in 1942, the Irish bar in 1947, and the Hong Kong bar in 1969. In 1944, he begins his pupillage with Edward Holroyd Pearce KC, later a law lord, and joins his chambers at Fountain Court. He practises in London and on the Western circuit, supplementing his earnings by teaching banking, a subject of which he knows nothing. On one occasion, he rises in Lambeth County court to cross-examine a female defendant in an eviction case. Just as he begins by saying “Madam,” the defendant opens her bag, takes out a dead cat, and throws it at him. The judge’s reaction is to tell the defendant, “Madam, if you do that again, I’ll commit you.” Comyn wins the case.
Comyn takes silk in 1961, and acquires a large practice as a senior, appearing in many high-profile cases. In 1964, he wins damages for libel for the former safe-breaker Alfred George Hinds against a Scotland Yard inspector by convincing the jury that Hinds is in fact innocent. In 1970, he successfully defends the Labour MP Will Owen, who is accused of providing information to the Czechoslovak intelligence services. In 1975, he defeats the government’s attempt to obtain an injunction against the publication of the diaries of former minister Richard Crossman.
Comyn is Recorder of Andover between 1964 and 1971 (honorary life recorder from 1972), commissioner of assize for the Western Circuit in 1971, and a Recorder of the Crown Court between 1972 and 1977. He is elected a bencher of the Inner Temple in 1968 and serves as chairman of the Bar council from 1973 to 1974.
Having refused a previous invitation by Quintin Hogg, Baron Hailsham of St. Marylebone to join the bench, Comyn is again nominated by Elwyn Jones, Baron Elwyn-Jones, in 1977, and is appointed a High Court judge in 1978, receiving the customary knighthood upon his appointment. Initially assigned to the Family Division, he does not take to the work and is reassigned to the Queen’s Bench Division in 1979. He has a reputation for leniency in sentencing, first acquired as Recorder of Andover. In 1980–81, he presides over an unsuccessful libel action by a member of the Unification Church, colloquially known as the Moonies, against the Daily Mail, the longest libel trial in England up to that time. His Irish background makes him the target of Irish Republican Army (IRA) action, and in 1981 the Provisional IRA burns his house in Tara.
Recurring bouts of depression lead to Comyn’s early retirement, on grounds of ill health, in 1985. In retirement, he divides his time between England and Ireland, whose citizenship he has retained. He writes a number of books, including memoirs, light verse, and books on famous trials. He also breeds Friesian cattle. He dies in Navan, County Meath on January 5, 1997, at age 75.
Barnes and Richards (also known as James McCormack) are members of the Irish Republican Army (IRA) and participate in the August 25, 1939 Coventry bombing which kills five people. Although they both admit to constructing the bomb, which is intended to be used to destroy a power station, they claim not to be involved in planting the bomb.
Seán MacBride, a former Chief of Staff of the IRA and Irish barrister, attempts to secure their release claiming they are being illegally held without a writ of habeas corpus. However, both are charged with murder on December 12 along with Brigid O’Hara and Joseph and Mary Hewitt. All five plead not guilty before the court at Birmingham Assizes.
Brigid O’Hara issues statements between August 28 and September 4 to Scotland Yard and Birmingham City Police denying any knowledge of the bombings and later provides evidence for the prosecution. Found guilty of murder on December 15, Barnes and Richards are hanged at Winston Green Prison in Birmingham on February 7, 1940. Their remains are returned to Dublin in 1969.
The reinterment in Mullingar, County Westmeath is attended by an estimated 15,000 people. Mass is said in Irish in the Cathedral before the funeral to Ballyglass Cemetery. Among those attending are three brothers of Peter Barnes and a sister and brother of McCormack.
The trial and execution results in a public outcry in Ireland against Neville Chamberlain and the British Government as Peadar O’Donnell and other prominent Irish writers sign a petition campaigning for leniency towards the condemned men.
seamus dubhghaill 