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Birth of George Francis Mitchell, Historian, Archaeologist & Educator

George Francis (Frank) Mitchell, FRS, HonFRSE, MRIA, environmental historian, archaeologist, geologist, and educator, is born on October 15, 1912, in Dublin.

Mitchell is the younger son of David William Mitchell, owner of a Dublin ironmongery and furniture business, and Francis Elizabeth Mitchell (née Kirby). His elder brother David becomes president of the Royal College of Physicians of Ireland (RCPI) and his sister Lillias is a noted weaver and teacher. He is educated at The High School, Dublin, and Trinity College Dublin (TCD), where he is a scholar in 1933 and receives a gold medal the following year. In 1934 he is appointed assistant to the professor of geology at TCD, and later is lecturer in geology (1940), reader in Irish archaeology (1959) and professor of Quaternary studies – a personal chair (1965). He is an efficient administrator and serves TCD successively as registrar, senior lecturer, and tutor, and after retirement is briefly a pro-chancellor of the university.

Mitchell’s major research focuses on the evolution of Ireland during the last two million years, particularly during the Quaternary since the retreat of the glacial ice over Ireland, and the effect man has had on this landscape. His interest in Quaternary studies begins in 1934, when he is appointed by the Royal Irish Academy (RIA) as an assistant to the Danish botanist and Quaternary geologist Knud Jessen, who uses the distribution of ancient pollen grains to reconstruct vegetational history. From 1940 he publishes a series of papers on topics such as the distribution of Irish giant deer and reindeer remains in Ireland, lacustrine deposits in County Meath, interglacial deposits in southeast Ireland, the palynology of Irish raised bogs, cave deposits, fossil pingos in County Wexford, bog flows, and the deposits of the older Pleistocene period in Ireland. His major study in this field is the documentation (1965) of the vegetational history of Littleton bog, County Tipperary, which has given its name to the present interglacial – the Littletonian warm stage.

Mitchell does not confine his studies to Ireland but also carries out work in Glasgow, Cornwall, and the Isle of Man. In 1957, he helps organise the British Association for the Advancement of Science meeting in Dublin and is later chairman of the Geological Society of London sub-commission on British and Irish Quaternary stratigraphy, which produces a comprehensive report in 1973. He is a frequent broadcaster on radio and a prolific author of academic papers, and in later life writes several acclaimed books, including The Irish Landscape (1976), which goes through two further editions as Reading the Irish Landscape (1986, 1997), and a volume of semi-autobiography, The Way That I Followed (1990).

Although the recipient of many honours, Mitchell is modest about his achievements. He is a member of the Royal Irish Academy (RIA) (1939), its president (1976–79), and Cunningham medalist (1989); president of the Dublin Naturalists’ Field Club (1945–46); Fellow of Trinity College Dublin (1945); president of the Royal Society of Antiquaries of Ireland (RSAI) (1957–60); president of the Royal Zoological Society of Ireland (RZSI) (1958–61); president of the International Union for Quaternary Research (1969–73); Fellow of the Royal Society (FRS) (1973); founder member and later president (1991–93) of An Taisce; Boyle medalist of the Royal Dublin Society (RDS) (1978); pro-chancellor of Dublin University (1985–87); personal chair in Quaternary studies, Trinity College Dublin (TCD) (1965–79); honorary member, Royal Hibernian Academy (RHA) (1981); honorary life member, Royal Dublin Society (RDS) (1981); honorary member, The Prehistoric Society (1983); honorary member, Quaternary Research Association (1983); honorary member, International Association for Quaternary Research (1985); and honorary fellow, Royal Society of Edinburgh (1984). He receives honorary degrees from Queen’s University Belfast (QUB) (D.Sc., 1976), the National University of Ireland (NUI) (D.Sc., 1977), and Uppsala University (fil.D., 1977).

Mitchell dies on November 25, 1997, in Townley Hall, County Louth.

In 1940, Mitchell marries Lucy Margaret (‘Pic’) (1911–87), daughter of E. J. Gwynn, provost of TCD. They have two daughters. For many years they live at Townley Hall, near Drogheda, County Louth, which had been TCD’s agricultural facility. A 1985 portrait by David Hone is displayed at Trinity College Dublin.

(From: “Mitchell, George Francis (‘Frank’)” by Patrick N. Wyse Jackson, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Death of Rose Maynard Barton, Watercolour Artist

Rose Maynard Barton RWS, Anglo-Irish artist, dies on October 10, 1929, at her house at 79 Park Mansions, Knightsbridge, London. A watercolourist, she paints landscape, street scenes, gardens, child portraiture and illustrations of the townscape of Britain and Ireland.

Barton exhibits with a number of different painting societies, most notably the Water Colour Society of Ireland (WCSI), the Royal Academy of Arts (RA), the Royal Hibernian Academy (RHA), the Society of Women Artists (SWA) and the Royal Watercolour Society (RWS). She becomes a full member of the RWS in 1911.

Barton is born in Dublin on April 21, 1856. Her father is a lawyer from Rochestown, County Tipperary, and her mother’s family is from County Galway. Educated privately, she is a liberal in social affairs. Her interests include horse racing. She is cousins with sisters Eva Henrietta and Letitia Marion Hamilton. She begins exhibiting her broad-wash watercolour paintings with the Water Colour Society of Ireland (WCSI) in 1872. She and her sister Emily visit Brussels in 1875, where they receive drawing tuition in drawing and fine art painting under the French artist Henri Gervex. There, along with her close friend Mildred Anne Butler, she begins to study figure painting and figure drawing.

In 1879, Barton joins the local committee of the Irish Fine Art Society. Afterward she trains at Paul Jacob Naftel‘s art studio in London. She, like Butler, studies under Naftel. In 1882, she exhibits her painting Dead Game, at the Royal Hibernian Academy (RHA). In 1884, she exhibits at the Royal Academy of Arts (RA). Later, she shows at the Japanese Gallery, the Dudley Museum and Art Gallery and the Grosvenor Gallery in London. In 1893, she becomes an associate member of the Society of Painters in Water Colours, attaining full membership in 1911.

Barton’s watercolours and townscapes become well known in both Dublin and London. This is helped by her illustrations in books of both cities including Picturesque Dublin, Old and New by Francis Farmer and her own book Familiar London.

Barton’s paintings can be found in public collections of Irish painting in both Ireland and Britain, including the National Gallery of Ireland and Dublin City Gallery The Hugh Lane in Dublin, and the Ulster Museum in Belfast.

(Pictured: “A rest in rotten row” – 1892 watercolour by Rose Maynard Barton. The painting shows a nurse and child resting on Rotten Row, Hyde Park, London.)


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Death of John Harty, Catholic Archbishop of Cashel

John Harty, Catholic Archbishop of Cashel, dies in Thurles, County Tipperary, on September 11, 1946.

Harty is born on August 11, 1867, in Knocknagurteeny, Murroe, County Limerick, the son of Francis Harty and his wife, Johana (née Ryan). He is educated locally and at the Jesuits‘ Crescent College, Limerick. In 1884, he goes to St. Patrick’s College, Thurles, and two years later proceeds to Maynooth College, where he trains for the priesthood. After ordination at Clonliffe College, Dublin, on May 20, 1894, he returns to Maynooth. The following year he is appointed to the chair of philosophy and theology there. However, he defers this for a year while he attends lectures at the Ecclesiastical university in Rome, as one of two professors who has been granted the new privilege of leave of absence on full salary to study abroad.

Back at Maynooth Harty is a prominent member of staff. In 1906, he co-founds the Irish Theological Quarterly, of which he is for many years editor, and is also editor for a time of the Irish Ecclesiastical Record. His contributions to these and other periodicals are numerous and include an essay on the “Sacredness of fetal life” for the Irish Theological Quarterly in 1906. As a founder member of the Maynooth manuscripts publication committee, which runs from 1906 to 1915, he helps oversee the publication of the edition of the Black Book of Limerick (1907) by his colleague James MacCaffrey and of some impressive student publications, including Gadaidhe Géar na Geamh-oidche (1915), a volume of tales from the Fenian cycle from manuscripts in the library. He is appointed senior professor of moral theology but ceases teaching after he is consecrated Archbishop of Cashel on January 18, 1914.

Harty is early involved with the Gaelic Athletic Association – he had been a hurler in his youth – and is a strong supporter of the Irish Parliamentary Party (IPP). In late 1915 he furnishes John Redmond with a letter of support, and a few months later is denouncing the Easter Rising and congratulating the people of Cashel for abstaining from insurrection. Later that year he is involved in a French propaganda drive to boost the war effort in Ireland. As one of the four bishop delegates to the 1917 Irish Convention, he speaks against a Methodist delegate’s call for mixed education. Criticising the Protestant educational system in Belfast, he claims the Catholic church has a right to teach its own children, and effectively closes down the discussion. By April 1918 he has moved toward tacit acceptance of Sinn Féin and is at the forefront of the anti-conscription campaign. In a speech he calls conscription unjust and hypocritical and calls for “every man with a drop of Irish blood in his veins” to sign the protest against it.

On the establishment of the Free State, Harty preaches support for Cumann na nGaedheal, but by the 1930s is closer to Éamon de Valera, and is a strong advocate of protectionism, which he feels will ensure a self-sufficient Ireland of traditional values. In 1933, he applauds the tax set on imported daily papers, as he believes English papers are corrupting the young. At the golden jubilee of the GAA the following year he makes a speech in Cashel calling for Irish industries, Irish music, and Irish dances. As president of the congress committee, he is a key organiser of the massive Eucharistic Congress of 1932. His other great concerns are the foreign missions and the promotion of Catholic literature – he is president of the Catholic Truth Society of Ireland. His practical work for his diocese includes heading a deputation to the minister for agriculture in October 1932 to press Thurles’s claims for the new sugar beet factory. It opens there in December 1934.

Although tall, athletic, and fond of open air, Harty is for many years in poor health and from about 1933 petitions the Holy See for a coadjutor-archbishop. This finally comes about in 1942 when Bishop Jeremiah Kissane of Waterford comes to Cashel as his dean and coadjutor. Four years later Harty dies at his residence in Thurles on September 11, 1946, and is buried at the Cathedral of the Assumption, Thurles. He is survived by a brother and a sister. The GAA ground in his native Murroe is named after him.

(From: “Harty, John” by Bridget Hourican, Dictionary of Irish Biography, www. dib.ie, October 2009)


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Birth of Siobhan Fahey, Founding Member of Bananarama

Siobhan Maire Fahey, Irish singer and founding member of the British girl group Bananarama, who have ten top-10 hits including the U.S. number one hit single “Venus,” is born on September 10, 1958, in County Meath. She is the first Irish-born woman to have written two number one singles on the Irish charts. She later forms the musical act Shakespears Sister, who have a UK number one hit with the 1992 single “Stay.” She joins the other original members of Bananarama for a 2017 UK tour, and, in 2018, a North America and Europe tour.

Fahey is the daughter of Helen and Joseph Fahey, both from County Tipperary. She has two younger sisters, Maire (who plays Eileen in the video of the 1982 song “Come On Eileen,” a hit for Dexys Midnight Runners) and Niamh, a producer and editor. She lives in Ireland for several years before her father joins the British Army and the family moves to England, then to Germany for several years, and back to England when she is nine years old. When she is 14, she and her family move to Harpenden, Hertfordshire, and, two years later, she leaves home for London and becomes involved in the punk scene of the late 1970s.

Fahey takes a course in fashion journalism at the London College of Fashion, where she meets Sara Dallin in 1980. Along with Keren Woodward, they found Bananarama and record their first demo “Aie a Mwana” in 1981. Bananarama then works with the male vocal trio Fun Boy Three, releasing two top-five singles with them in early 1982 before having their own top-five hit with “Shy Boy” later that year. Fahey, with Dallin and Woodward, co-write many of the group’s hits, including “Cruel Summer,” “Robert De Niro’s Waiting…,” “I Heard a Rumour,” and “Love in the First Degree.”

In 1988, frustrated with the direction she feels Bananarama is heading, Fahey leaves the group and forms Shakespears Sister. Initially, she effectively is Shakespears Sister, though American singer/songwriter Marcella Detroit later becomes an official member, making the outfit a duo. Their 1992 single “Stay” spends eight weeks at number one on the UK Singles Chart and wins the 1993 Brit Award for Best British Video. At the 1993 Ivor Novello Awards, she, Detroit, and Dave Stewart receive the award for Outstanding Contemporary Song Collection. She often appears in the band’s music videos and on-stage as a vampish glam figure. After two successful albums, tensions begin to rise between Fahey and Detroit and they split up in 1993. That year, Fahey admits herself into a psychiatric unit with severe depression.

In 1996, Fahey continues as Shakespears Sister by herself and releases the single “I Can Drive.” Intended as the first single from Shakespears Sister’s third album and her first record since her split with Marcella Detroit, the single performs disappointingly (UK number 30), which prompts London Records not to release the album. Following this, she leaves the label and, after a lengthy battle, finally obtains the rights to release the album (entitled #3) independently through her own website in 2004.

Fahey briefly re-joins Bananarama in 1998 to record a cover version of ABBA‘s “Waterloo” for the Channel 4 Eurovision special A Song for Eurotrash. She reteams with Bananarama again in 2002 for a “last ever” reunion at the band’s 20th-anniversary concert at G-A-Y in London. The trio performs “Venus” and “Waterloo.”

Fahey continues to make music into the new millennium. In 2005, she independently releases The MGA Sessions, an album recorded with frequent collaborator Sophie Muller in the mid-1990s. Her most recent single under her own name, “Bad Blood,” is released on October 17, 2005.

Fahey’s track “Bitter Pill” is partially covered by the pop band The Pussycat Dolls on their 2005 debut album PCD. The verses, which were slightly altered, and the overall sound of the song are from “Bitter Pill,” but added in is the chorus of Donna Summer‘s “Hot Stuff.” The song is renamed “Hot Stuff (I Want You Back)” and a remix is included as a B-side to their hit single “Beep.”

In 2008, Fahey appears in the Chris Ward-written and directed short film What Shall We Do with the Drunken Sailor, based on the life of artist/model Nina Hamnett, self-styled “Queen of Bohemia,” with Fahey playing the role of Hamnett opposite actor Clive Arrindel, Donny Tourette, frontman with punk band Towers of London, and Honey Bane, former vocalist of the punk band Fatal Microbes.

In 2009, Fahey decides to resurrect the Shakespears Sister name and releases a new album. Entitled Songs from the Red Room, it is released on her own record label, SF Records, and includes various singles she had released under her own name in recent years. She performs her first live show in almost 15 years as Shakespears Sister in Hoxton, London, on November 20, 2009. In 2014 she joins the line-up of Dexys Midnight Runners for some shows, including at Glastonbury Festival.

In 2017, it is announced that Fahey has joined her former Bananarama bandmates for an upcoming UK tour. This is the first live tour she has done as a member of Bananarama.

In 2019, Fahey reunites with Marcella Detroit for Shakespears Sister dates, commencing with an appearance on BBC One‘s The Graham Norton Show on May 10, 2019.

Fahey marries Dave Stewart of Eurythmics in 1987; the couple divorces in 1996. They have two sons, Samuel (born November 26, 1987) and Django James (born 1991). The two brothers form a musical band called Nightmare and the Cat. As an infant, Samuel Stewart appears in early Shakespears Sister videos for “Heroine” and “You’re History.” Django Stewart is also an actor. Samuel is currently the guitarist for the American indie rock band Lo Moon.

Prior to her marriage to Stewart, Fahey is romantically involved with Jim Reilly, the drummer for the Northern Irish punk rock band Stiff Little Fingers and Scottish singer Bobby Bluebell of The Bluebells, with whom she co-writes the UK No. 1 “Young at Heart.”


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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).

Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.

The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.

Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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Death of James Joseph Quinlan, Irish-Born Union Army Officer

James Joseph Quinlan, Union Army officer during the American Civil War and Medal of Honor winner, dies in Queens, New York, on August 29, 1906.

Quinlan is born in Clonmel, County Tipperary on September 13, 1833.

Quinlan is appointed as Major of the 88th New York Infantry in December 1861. He becomes the regiment’s Lieutenant Colonel in October 1862 and is discharged in February 1863.

Quinlan receives America’s highest military decoration, the Medal of Honor, on February 18, 1891, for his actions at the Battle of Savage’s Station in Henrico County, Virginia, the fourth of the Seven Days Battles (Peninsula Campaign). His citation states he “led his regiment on the enemy’s battery, silenced the guns, held the position against overwhelming numbers, and covered the retreat of the Second Army Corps.”

James Joseph Quinlan dies on August 29, 1906, in Queens, New York and is buried at Calvary Cemetery, Woodside, Queens County, New York City.


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Birth of Gerard Hogan, Judge, Lawyer & Academic

Gerard William Augustine Hogan, MRIA, Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021, is born on August 13, 1958, in Carrick-on-Suir, County Tipperary. He previously serves as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. He first works as a barrister and lecturer in law specialising in constitutional and administrative law.

Hogan is born to Mai and Liam Hogan. His father is the deputy principal of the Christian Brothers secondary school in the town. He is educated at University College Dublin (UCD), from where he receives BCL and LLM degrees in 1979 and 1981. He co-authors his first book Prisoners’ Rights: A Study in Irish Prison Law in 1981 with Paul McDermott and Raymond Byrne. He obtains a John F. Kennedy memorial scholarship to study for an LLM at the University of Pennsylvania Law School. He subsequently attends the King’s Inns. He holds two doctorates – an LLD from UCD and a PhD in law from Trinity College Dublin in 2001.

In 1986, early in his legal career, he supports the Anti-Apartheid Movement with other legal scholars, including Mary McAleese, Mary Robinson and Bryan MacMahon. He is involved with the Progressive Democrats and in 1988 writes the party’s proposed new Constitution of Ireland with Michael McDowell. In May 2021, he is made a member of the Royal Irish Academy.

Hogan is called to the Bar in July 1984 and becomes a Senior Counsel in 1997. He appears domestically in cases in the High Court and the Supreme Court and internationally at the European Court of Human Rights and the European Court of Justice.

Hogan is noted in particular for his experience in constitutional law. He acts for the Attorney General of Ireland in references made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997. He appears again for the Attorney General (with Dermot Gleeson and Paul Gallagher) in another reference made by President Mary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.

Hogan is a law lecturer and fellow at Trinity College Dublin from 1982 to 2007. He lectures on constitutional law, competition law and the law of tort. He is regarded as “one of the foremost constitutional and administrative lawyers in Ireland.” He is the co-author of Administrative Law in Ireland and JM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively. He also writes a text on political violence and a book chronicling the origins of the Constitution of Ireland.

During his career as a barrister, Hogan is involved in cases involving employment law, habeas corpus, immigration law, judicial review, company law and commercial law.

Hogan appears for Katherine Zappone and Ann Louise Gilligan in Zappone v. Revenue Commissioners in the High Court and Miss D in her case related to the rights to travel abroad for an abortion. He represents the State in the High Court and the Supreme Court in litigation that emerges following a court finding that an offence of unlawful carnal knowledge is unconstitutional. In 2008, he acts for Colm Murphy and Seamus Daly in the Supreme Court who are contesting an action taken by families of victims of the Omagh bombing when they are refused access to books of evidence.

Hogan is involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He represents Desmond O’Malley at the Beef Tribunal in 1992, Dermot Desmond at the Moriarty Tribunal in 2004, and Jim Higgins and Brendan Howlin in actions related to the Morris Tribunal. He acts for the Committee on Members’ Interests of Seanad Éireann in action taken by Ivor Callely.

Hogan is the first barrister to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.

Throughout his career, Hogan has been a member of committees and boards in areas requiring legal expertise. He chairs the Department of Justice‘s Balance in Criminal Law Review Group and is a member of three other review groups: the Constitution Review Group, the Competition and Mergers Review Group and the Offences Against the State Acts Review Group. He is also a member of the Competition Authority‘s Advisory Panel and the Committee on Court Practice and Procedure.

Hogan is appointed a Judge of the High Court in 2010. Soon after his appointment, he holds an emergency hearing in his home regarding a blood transfusion for a sick baby. He is one of three judges who hears a case taken by Marie Fleming, seeking a right to die in 2012. His reference to the European Court of Justice in 2014 regarding the International Safe Harbor Privacy Principles, results in a declaration by the Grand Chamber that the Safe Harbour Decision is invalid. He subsequently becomes a Judge of the Court of Appeal upon its establishment in October 2014.

In May 2018, Hogan is nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice. His term begins in October 2018 and was scheduled to expire in October 2024. Anthony Collins is appointed in 2021 to complete his term following his appointment to the Supreme Court. He concludes his term on October 7, 2021.

In one of his first opinions, on a reference from the French Conseil d’État, Hogan finds that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of October 25, 2011, requires that products originating from Israeli-occupied territories should indicate if these products come from such a territory. His opinion is followed by the Court of Justice.

In April 2021, the Irish government nominates Hogan to the Supreme Court of Ireland. He is appointed in October 2021.


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The Restoration of Order in Ireland Act 1920 Receives Royal Assent

The Restoration of Order in Ireland Act 1920, an Act of the Parliament of the United Kingdom to address the collapse of the British civilian administration in Ireland during the Irish War of Independence, receives royal assent on August 9, 1920, following a guillotine motion.

In effect a special extension of the Defence of the Realm Acts, the aim of the Act is to increase convictions of nationalist rebels while averting the need to declare martial law. Under Section 3(6) of the Act, military authorities are empowered to jail any Irish person without charge or trial. Secret courts-martial are established, and lawyers (appointed by Crown agents) can be present only if the death penalty is involved. Inquests of military or police actions are banned.

By the middle of 1920, Ireland is in the throes of a full-fledged rebellion that is barely recognized by the British Government in Ireland headquartered in Dublin Castle. The Irish Republican Army (IRA), the military arm of the Dáil Éireann revolutionary government, is engaged in a guerilla campaign to destroy elements of British power, particularly burning down courthouses and attacking members of the Royal Irish Constabulary (RIC), Britain’s police force in the countryside.

The British response to the increase in violence and the assassination of police officers is twofold. To suppress the IRA “murderers,” Major General Hugh Tudor, commander of the RIC and self-styled “Chief of Police,” begins supplementing that body with the employment of World War I veterans known as the “Black and Tans” because of the colour of their surplus World War I uniforms, and an additional temporary force of Auxiliaries. With little discipline and utter indifference to the plight or moral indignation of the Irish population, these groups raid and burn villages, creameries, and farm buildings to intimidate supporters of the IRA.

The second measure is the enactment of the Restoration of Order in Ireland Act (ROIA). The Act is envisioned as a remedy to the problem perceived by Chief Secretary for Ireland Sir Hamar Greenwood that “throughout the greater part of Ireland criminal justice can no longer be administered by the ordinary constitutional process of trial by judge and jury.”

The genesis of the Act may be seen in a Cabinet discussion on May 31, 1920, in which the members focus on the violence in Ireland. Rather than addressing violence as the product of rebellion, Greenwood insists that, “The great task is to crush out murder and arson.” He asserts that the violence is perpetrated by handsomely paid thugs. Commenting on a pending Irish bill, Secretary of State for War Winston Churchill states, “You should include in the Bill a special tribunal for trying murderers. It is monstrous that we have some 200 murders, and no one hung.” The prime minister agrees that convicted murderers should be hanged but questions whether convictions can be obtained from Catholics. The concern of all is that the civil courts are incapable of strictly administering justice to the revolutionaries because the juries largely consisted of Irish Catholics. The ensuing discussion of possibly imposing court-martial jurisdiction is inconclusive.

After the May 31 meeting, Greenwood investigates the feasibility of imposing martial law in Ireland and raises martial law as the specific subject of a July 23, 1920, conference committee meeting of the Cabinet led by Prime Minister David Lloyd George to which the key members of the Dublin Castle administration are invited. William E. Wylie, the law advisor at Dublin Castle, notes that the RIC is disintegrating through resignations brought on by terrorist attacks, and that with “regard to the Civil Courts, the entire administration of the Imperial Government had ceased.” The civilian participants from Dublin Castle, especially Wylie, maintain that martial law is counter-productive, and will only antagonize the Irish people. As an alternative to martial law, General Tudor argues for the imposition of court-martial jurisdiction. Tudor argues forcefully that court-martial jurisdiction over all crimes will support the Black and Tans and Auxiliaries that he is recruiting. He declaims that “not a single criminal had been brought to justice for murder.” Lloyd George closes the discussion directing the Dublin Castle participants to provide final proposals for enforcement of the laws.

A draft bill to establish military criminal jurisdiction is considered by the Cabinet on July 26. The prime minister’s most telling contribution is his question as to whether a convicted man would be shot or hanged. It appears that he is comforted by the response that the defendant will be tried under the ordinary law which implies death by hanging. The resulting bill is completed by July 30, 1920, and is then quickly pushed through Parliament and receives royal assent on August 9, 1920. The ROIA provides that all crimes punishable under the laws in Ireland can be brought before a court-martial. The court-martial will have the power to impose any punishment authorized by statute or common law including the death penalty. The final step is taken on August 20, 1920, when the final regulations for implementation go into effect.

The combination of growing police and military pressure and recourse to the ROIA lead to increased internments of known or suspected IRA members and a steady increase in convictions to 50-60 per week. This makes it more difficult for IRA soldiers to continue openly working day jobs while carrying on part-time guerrilla activities. As a result, the IRA shifts its approach to guerrilla warfare in the rural counties. Volunteers from IRA units are organized into elite, full-time, mobile flying columns of around 25 men who live off the land and on the run. These flying columns prove to be more suited to ambushes of patrols and convoys and other targets of opportunity, rather than attacks on barracks which had become better defended.

On December 10, 1920, martial law is proclaimed in counties Cork, Kerry, Limerick, and Tipperary. In January 1921 martial law is extended to counties Clare and Waterford.

In a crucial judgement, R (Egan) v Macready, the Irish courts rule that the Act does not give power to impose the death penalty. This would no doubt have proved politically contentious had not hostilities ended the same day.

Despite its name, the courts are of the view that ROIA applies in England as well. Following the creation of the Irish Free State, when the Act is repealed by implication, it is still used to deport ex-members of the Irish Self-Determination League to Ireland.


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Death of Novelist Richard Dowling

Richard Dowling, Irish novelist, dies on July 28, 1898, at his home in the Tooting district of South London.

Dowling is born on June 3, 1846, in Clonmel, County Tipperary, the only son of David Jeremiah Dowling, schoolmaster, and Margaret Dowling. His father dies when he is nine years old. He is educated in Clonmel, Waterford, and St. Munchin’s College in Corbally, Limerick, before entering the shipping office of his uncle William Downey in Waterford at the age of eighteen. He distinguishes himself in the Waterford Literary and Debating Society and contributes to local newspapers, including the Waterford Citizen and The Waterford Chronicle. In 1870, he joins the staff of The Nation and moves to Dublin. On the outbreak of the Franco–Prussian War, he edits for Alexander Martin Sullivan a war-sheet, The Daily Summary, and subsequently becomes editor and contributor successively to the humorous but short-lived Zozimus and Ireland’s Eye.

Dowling settles in London in 1874, joining the staff of the Illustrated Sporting and Dramatic News, and founds Yorick in 1876, a comic paper with cartoons by Harry Furniss which lasts six months. In 1879, he publishes the first and most successful of his many novels, The Mystery of Killard, a strange tale of a deaf-mute fisherman in County Clare, which is hailed as one of the most striking romances of the year. Though his later novels are intensely realistic, exciting, and clever, they never achieve the same high standard. According to Furniss, who thought Dowling would be a great author, he “drifted into the quicksand of Bohemianism…He sank a wreck, with a rich cargo of genius that was never delivered to the world.” Other writers later mention his unfulfilled promise. Among his other novels of Irish interest are Sweet Inisfail (1882) and Old Corcoran’s Money (1892). A dramatisation of Below Bridge (1895) is staged on April 6, 1896, at the Novelty Theatre, London.

Dowling contributes poetry, short stories, and essays to several magazines, including Belgravia, London Society, and Saturday Journal, and is a frequent contributor to Tinsley’s Magazine, writing its leading serials (1880–82), which are later published as the novels Under St. Paul’s (1881) and The Duke’s Sweetheart (1881). His collections of essays include On Babies and Ladders (1873), which some critics believe to be his best work, Ignorant Essays (1887), Indolent Essays (1889), full of wit and original thought, and descriptive essays London Town (1880). He also edits the Poems (1891) of John Francis O’Donnell. He writes both under his own name and under various pseudonyms, including Peter Mendaciorum, Marcus Fall and Emmanuel Kink. A selection of his letters is published as Some Old Letters (Oct. – Nov. 1919) and More Old Letters (Jan. – Feb. 1920).

According to his daughter, Dowling works erratically, often continuously for several days and nights. An invalid during his later years, he composes his works on a sofa, invariably wearing a cap and with a soup-plate full of pipes beside him, which he enjoys in turn. A mild, kind, and gentle personality, he is an effective raconteur and a witty conversationalist. His cousin, Edmund Downey, who publishes many of his works, is introduced to the publishing world by Dowling. He is an applicant to the British charity for authors, the Royal Literary Fund, and leaves his family ill provided for.

Dowling dies on July 28, 1898, at his home at 2 Foulser Road, Tooting, South London, and is buried in Mortlake Cemetery, London. He is married and has three children, although his wife’s name and the date of their marriage are not known.

(From: “Dowling, Richard” by Helen Andrews, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Death of John Joe Rice, Sinn Féin Politician & Republican Activist

John Joe Rice, Sinn Féin politician and republican activist who serves as a Teachta Dála (TD) for the Kerry South constituency from 1957 to 1961, dies on July 24, 1970.

Rice is born in Cork, County Cork, on June 19, 1893, but is raised in the townland of Kilmurry near Kenmare, County Kerry. He is the son of George Rice, a draper’s assistant, and Ellen Rice (née Ring). After national school he becomes a clerk with the Great Southern and Western Railway company working at stations in Kenmare, Killorglin, and Killarney.

Rice joins the Irish Volunteers in 1913 but does not take part in the 1916 Easter Rising. For a time, he shares lodgings in Rock Street, Tralee, with Austin Stack, and like Stack he is a Gaelic Athletic Association (GAA) member, playing hurling with Kenmare. At the outbreak of the Irish War of Independence (1919-1921), he becomes Officer Commanding of the 5th Battalion of the Kerry No. 2 Brigade. He also holds the post of second in command of that brigade, under Humphrey Murphy. On April 26, 1921, he attends the meeting in Kippagh, County Tipperary, that sees the establishment of the First Southern Division. After the truce, Murphy is transferred to command Kerry No. 1 Brigade, and Rice becomes commanding officer of Kerry No. 2.

Rice opposes the Anglo-Irish Treaty and leads the brigade throughout the Irish Civil War (1922-1923). When Michael Collins comes to Killarney on April 22, 1922, to speak in favour of the agreement, he is met at the train station by a group of fifty men, led by Rice, who attempt to prevent him from speaking. The meeting goes ahead despite several attempts by the group to stop it. During the civil war he leads his men into Limerick, briefly seizing Rathkeale, but for the most part they are on the defensive. In September he commands a force of seventy republicans to take Kenmare. This is a rare and morale-boosting success. When the First Southern Division council meets on February 26-28, 1923, he is one of only two senior officers, among a group of eighteen, who feel that it is worth fighting on.

Shortly after the civil war, Rice marries Nora Aherne, a Cumann na mBan member; they have one son, George. After the war he continues to be active in the Irish Republican Army (IRA) and Sinn Féin. He attends IRA executive meetings in 1923 and is involved in attempts to reorganise the IRA in 1924. He is a delegate to the Sinn Féin ardfheis in 1926, opposing the proposal of Éamon de Valera that abstention be a matter of policy rather than principle. He is elected as a Sinn Féin TD for the Kerry South constituency at the 1957 Irish general election. He does not take his seat in the Dáil due to the Sinn Féin policy of abstentionism. He is one of four Sinn Féin TDs elected at the 1957 Irish general election, the others being Ruairí Ó Brádaigh, John Joe McGirl and Eighneachán Ó hAnnluain. During his time as a TD, he campaigns against the Special Powers Act, which grants the Irish state extra abilities to deal with and punish suspected members of the IRA. He is defeated at the 1961 Irish general election.

In 1966, Rice and fellow Kerry Republican John Joe Sheehy are expelled from Sinn Féin, as are many others, by the new Marxist-Leninist party leadership that had recently come into power. This move both foreshadows and fuels the split in 1969/1970 of both the IRA and Sinn Féin, which leads to the creation of the Marxist-Leninist Official IRA and the more traditional but still left-wing Provisional IRA, and in parallel Sinn Féin – The Workers’ Party and “Provisional” Sinn Féin. Rice gives his support to the Provisionals.

Rice drives an oil lorry for a time and then becomes manager of the Tralee branch of Messrs Nash, mineral-water manufacturers and bottlers. He remains in this position until his retirement in 1965. He dies on July 24, 1970, at his son’s residence in Oakview, Tralee.

Rice’s sister, Rosalie, is a member of Cumann na mBan during the 1916 Easter Rising and is arrested for sending a telegram alerting the Irish Republican Brotherhood (IRB) in the United States to the rising. His cousins Eugene and Timothy Ring are members of the IRB and are also involved with the telegram. His grandfather, Timothy Ring, was a Fenian who fought in the uprising. Two of his cousins are members of the Royal Irish Constabulary (RIC) who both help the republican side during the Irish revolutionary period.