Alongside his older brother, Connor Maguire, Maguire is a prime mover in the conspiracy which leads to the outbreak of rebellion in Ireland on October 23, 1641. He is tasked with securing County Fermanagh for the rebels, but is only partially successful, with several key fortresses in the county, including Enniskillen Castle, remaining under Protestant settler control. His attempt to murder Sir William Cole immediately prior to the rising fails, but the landowner Arthur Champion is killed in one of the first actions of the rebellion. In November 1641, he joins Felim O’Neill of Kinard at Newry to issue a proclamation in which the rebels claim they are acting in defence of King Charles and Catholicism. In December 1641, the Fermanagh army under Maguire slaughters many of the garrison and refugees in Tully Castle, apparently in retaliation for the killing of the garrison of a Maguire castle which had been taken by assault some days previously. He also destroys Castle Archdale and its neighbouring settler village, and kills eight Protestant settlers at Monea Castle. In early 1642, he is expelled from the Irish Parliament and in the summer of the same year he is made a colonel in Owen Roe O’Neill‘s army in Ulster.
Maguire is appointed Governor of Fermanagh by the authorities of the newly established Confederate Ireland. He commands the rebel reserve in the Battle of Benburb in June 1646. He leads raids into Protestant-held areas in east Ulster, before joining O’Neill in his campaigns in Leinster in the autumn of 1646. Later that year, he raids lands in Connacht controlled by the Royalist commander, Ulick Burke, 1st Marquess of Clanricarde. In August 1647, O’Neill and Maguire move the army to Leinster, where Maguire quarrels so vigorously with O’Neill over the payment of troops that the general orders his arrest and court-martials him. After the court-martial, Maguire and his supporters, about five or six regiments, draw up their forces and threaten to desert. The mutiny soon dissipates and Maguire remains allied to O’Neill.
In 1648, Maguire joins O’Neill in opposing the truce between the Confederates and Royalists. He plays a prominent role in the skirmishes and evasive manoeuvrings that occur between the two sides in central Ireland. In the winter of 1648, Maguire withdraws north and on November 13 he is killed while leading an attack on a fortress near Jamestown, County Leitrim.
Eugene welcomes the prospect of a decisive battle, and waits on the eastern side of the Oglio to be attacked. The Imperial commander has chosen his ground carefully, entrenching his troops and guns in front of the small fortress of Chiari. Streams protect his position on three sides so, as there is not enough room for a cavalry engagement, Eugene can count on a frontal attack by the French infantry. Two battalions and a few pieces of artillery are placed in Chiari itself.
Villeroy ignores Catinat’s warning that Eugene is in a strong position, remarking that the King, “had not sent so many brave men just to look at the enemy through their spy glasses.” On September 1, the Franco-Spanish infantry advances. Deceived by the report of spies that the Imperialists are retiring, Villeroy crosse the Oglio and pushes on to Chiari expecting to attack their rearguard. The attack begins around 2:00 p.m. when three French brigades approach Chiari and overpower the Imperial troops there without much difficulty. However, instead of facing the rearguard, the French commander encounters the whole Imperial army securely entrenched in their positions. As the Bourbons’ army approaches the Imperial positions, Eugene forbids his men to fire. Loading their artillery with canister shot, they only unleash a withering fire when the Bourbon army enters point-blank range. This disorders the attackers and chaos ensues which the French and Spanish commanders cannot suppress. While this is going on, Chiari is recaptured by the Imperials after a fierce struggle. The Bourbons are driven back with heavy casualties in a contest as destructive as any battle during the war in Italy. With only minor losses, the Imperial army inflicts over 3,000 casualties in the ranks, and over 250 officers. This number grows rapidly as fever attacks the wounded.
Villeroy loses personal control during the battle, and Catinat, despite being wounded, has to organise a retreat. The French dig themselves in only a mile or so away from the Austrians on the same side of the Oglio. Here, the two opposing sides remain for the next two months: the French are too much discouraged by their repulse to resume the assault, and Eugene is unwilling to risk the advantages he had gained by attacking the French in their strong defensive position. However, as autumn advances, conditions deteriorate in both camps: fodder is so short that Eugene’s horses are forced to eat fallen leaves. But the French, whose camp is built on marshy ground, suffers most, and they move out first in mid-November, crossing the Oglio before entering winter quarters in the Duchy of Milan.
In Milan, the French presence proves increasingly unpopular: five million French livres for soldiers’ pay and lodgings, and two million for fodder, has soon been imposed on the local population, most of which has to be taken by force. For his winter quarters, Eugene proceeds to reduce the whole Duchy of Mantua, except the capital and Goito, which he closely blockades. Shortly after he occupies Mirandola and Guastalla. Eugene’s relationship with the local population has been good and he has kept a tight control: he has executed 48 of his men for looting, telling the Emperor that he had “imposed more severe discipline than has possibly ever been seen in an army.” Eugene receives little cash from the Emperor, far less than he expects, but he secures a sound footing in northern Italy and, as hoped, his success helps to encourage the Maritime Powers to come to the aid of Leopold I. Since the beginning of the year Count Johann Wenzel Wratislaw von Mitrowitz has been in London as Imperial minister, pressing for assistance. With Eugene’s two victories (Carpi and Chiari), Leopold I has proven he would fight to protect his interests, giving Wratislaw the arguments he needs to push through the alliance with the Maritime Powers. On September 7, 1701, within a week of the battle, England and the Dutch Republic sign the second treaty of the Grand Alliance, backing the Emperor’s claims to the Spanish possessions in Italy.
The French are still in Milan, but their position is weak: morale is poor and desertion is high. Louis XIV writes to Villeroy urging him to work closely with Catinat and “not again to attack the enemy without advantage.” “If you do … the King, my grandson, will lose Italy.” By October, French optimism for the campaign is gone, but Louis XIV hopes to send reinforcements for the next year’s campaign, believing the Emperor will not be able to make a comparable increase in Eugene’s strength. However, the campaign season is not yet over. As Villeroy settles down for the winter, Eugene is preparing to attack him at his headquarters in Cremona.
The statute increases the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also binds them all to seek each other’s approval for changes to monarchical titles and the common line of succession. The statute is effective either immediately or upon ratification. It thus becomes a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removes nearly all of the British parliament’s authority to legislate for the Dominions, it is a crucial step in the development of the Dominions as separate, independent, and sovereign states.
The Irish Free State never formally adopts the Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 has already ended Westminster‘s right to legislate for the Irish Free State. The Constitution of the Irish Free State gives the Oireachtas “sole and exclusive power of making laws.” Hence, even before 1931, the Irish Free State does not arrest British Army and Royal Air Force deserters on its territory, even though the UK believes post-1922 British laws give the Free State’s Garda Síochána the power to do so. The UK’s Irish Free State Constitution Act 1922 says, however, “[n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions.”
Motions of approval of the Report of the Commonwealth Conference had been passed by Dáil Éireann and Seanad Éireann in May 1931 and the final form of the Statute of Westminster includes the Irish Free State among the Dominions the British Parliament cannot legislate for without the Dominion’s request and consent. Originally, the UK government wants to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State’s constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objects, although he promises that the Executive Council will not amend the legislation unilaterally. The other Dominions back Cosgrave and, when an amendment to similar effect is proposed at Westminster by John Gretton, parliament duly votes it down. When the statute becomes law in the UK, Patrick McGilligan, the Free State Minister for External Affairs, states, “It is a solemn declaration by the British people through their representatives in Parliament that the powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years.” He goes on to present the statute as largely the fruit of the Free State’s efforts to secure for the other Dominions the same benefits it already enjoys under the treaty. The Statute of Westminster has the effect of granting the Irish Free State internationally recognised independence.
Éamon de Valera leads Fianna Fáil to victory in the 1932 Irish general election on a platform of republicanising the Free State from within. Upon taking office, he begins removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance. De Valera initially considers invoking the Statute of Westminster in making these changes, but John J. Hearne advises him to not do so. Abolishing the Oath of Allegiance in effect abrogates the 1921 treaty. Generally, the British believe that this is morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore, a Southern Unionist from County Donegal, challenges the legality of the abolition in the Irish Free State’s courts and then appeals to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State has also abolished the right of appeal to the JCPC. In 1935, the JCPC rules that both abolitions are valid under the Statute of Westminster. The Irish Free State, which in 1937 is renamed Ireland, leaves the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948.
The Statute of Westminster’s modified versions are now domestic law in Australia and Canada. It has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms.
Jack “Legs” Diamond, an Irish Americangangster in Philadelphia and New York City during the Prohibition era also known as John Nolan and Gentleman Jack, is born in Philadelphia on July 10, 1897, to Sara and John Moran, who emigrated from Ireland to Philadelphia in 1891. A bootlegger and close associate of gambler Arnold Rothstein, he survives a number of attempts on his life between 1916 and 1931, causing him to be known as the “clay pigeon of the underworld.” In 1930, his nemesis Dutch Schultz remarks to his own gang, “Ain’t there nobody that can shoot this guy so he don’t bounce back?”
In 1899, Diamond’s younger brother Eddie is born. He and Eddie both struggle through grade school, and their mother suffers from severe arthritis and other health problems. She passes away on December 24, 1913, following complications brought on by a bacterial infection and a high fever. John Moran then moves his family to Brooklyn, New York.
Diamond soon joins a Manhattan street gang called the Hudson Dusters. His first arrest for burglary occurs when he breaks into a jewelry store on February 4, 1914. He serves in the United States Army in World War I but is convicted and jailed for desertion in 1918 or 1919. He serves two years of a three- to five-year sentence at Leavenworth Military Prison. After being released in 1921, he becomes a hired thug and later personal bodyguard for crime boss Arnold Rothstein.
Diamond is known for leading a rather flamboyant lifestyle. He is an energetic individual, his nickname “Legs” derived either from his being a good dancer or from how fast he could escape his enemies. His wife Alice is never supportive of his life of crime but does not do much to dissuade him from it. He is a womanizer, with his best-known mistress being a showgirl and dancer, Marion “Kiki” Roberts.
In the late 1920s, Prohibition is in force, and the sale of beer and other alcoholic beverages is illegal in the United States. Diamond travels to Europe to acquire beer and narcotics but fails. However, he does obtain liquor, which is dumped overboard in partially full barrels that float to Long Island as ships enter New York Harbor. He pays children a nickel for every barrel they bring to his trucks.
Following the death of Jacob “Little Augie” Orgen, Diamond oversees illegal alcohol sales in downtown Manhattan via the Hotsy Totsy Club, an establishment partly owned by Diamond on Broadway. This work brings him into conflict with Dutch Schultz, who wants to move beyond his base in Harlem. He also runs into trouble with other gangs in the city. On July 14, 1929, he and fellow gang member Charles Entratta shoot three drunken brawlers in the Hotsy Totsy Club. Two of the brawlers, William Cassidy and Simon Walker, are killed, while the survivor, Peter Cassidy, is severely wounded. The club’s bartender, three waiters, and the hat check girl vanish, with one of them being found shot dead in New Jersey. He is not charged but is forced to close the club.
In 1930, Diamond and two henchmen kidnap truck driver Grover Parks in Cairo, New York, demanding to know where he had obtained his load of hard cider. When Parks denies carrying anything, Diamond and his men beat and tortured Parks, eventually letting him go. A few months later, he is charged with the kidnapping of James Duncan. He is sent to Catskill, New York, for his first trial, but is acquitted. However, he is convicted in a federal case on related charges and sentenced to four years in jail. He is tried in December 1931 in Troy, New York, also for kidnapping, and is once again acquitted.
On August 23, 1930, Diamond, under the false name John Nolan, boards the ocean liner SS Belgenland, bound for Europe. The New York City Police Department (NYPD) suspect that he might have left the U.S. aboard RMS Olympic or RMS Baltic, but he is not found on either ship when they reach Europe. The NYPD then sends a wireless telegraph message to the crew of SS Belgenland, who reply that a man similar to Diamond’s description is among the passengers. Diamond spends much of the voyage in the ship’s smoking-room playing poker, with one report claiming that he won thousands of dollars in this game. The SS Belgenland‘s officers, however, refute this, saying his winnings were small.
The NYPD telegraphs police in England, France and Belgium with the warning that Diamond is an undesirable character. When SS Belgenland reaches Plymouth on August 31, Scotland Yard officers tell Diamond he will not be allowed to land in England. He tells reporters that he wants to travel to the French spa town of Vichy for “the cure.” He disembarks in Antwerp on September 1, where Belgian police take him to their headquarters. Eventually, he agrees to voluntarily leave Belgium and is put on a train to Germany. When his train reaches Aachen, German police arrest him. On September 6, the German government decides to deport Diamond. He is driven to Hamburg and put on the cargo ship Hannover for passage to Philadelphia.
On September 23, Hannover arrives in Philadelphia, and Diamond is immediately arrested by the Philadelphia police. At a court hearing that day, the judge says he will release him if he leaves Philadelphia within the hour. Diamond agrees.
On October 24, 1924, Diamond is shot and wounded by shotgun pellets, reportedly after trying to hijack liquor trucks belonging to a rival crime syndicate.
On October 16, 1927, Diamond tries to stop the murder of “Little Augie” Orgen. His brother Eddie is Orgen’s bodyguard, but Diamond substitutes for Eddie that day. As Orgen and he are walking down a street on Manhattan’s Lower East Side, three young men approach them and start shooting. Orgen is fatally wounded, and Diamond is shot twice below the heart. He is taken to Bellevue Hospital, where he eventually recovers. Police interview him in the hospital, but he refuses to identify any suspects or help the investigation in any way. Police initially suspect that he is an accomplice and charge him with homicide, but the charge is dropped. The assailants are supposedly hired by Lepke Buchalter and Jacob “Gurrah” Shapiro, who are seeking to encroach on Orgen’s garment-district labor rackets.
On October 12, 1930, Diamond is shot and wounded at the Hotel Monticello on Manhattan’s West Side. Two men force their way into his room and shoot him five times. Still in his pajamas, he staggers into the hallway and collapses. When asked later by the police commissioner how he managed to walk out of the room, he says he drank two shots of whiskey first. He is rushed to the Polyclinic Hospital, where he eventually recovers. He is discharged from Polyclinic on December 30, 1930.
On April 21, 1931, Diamond is arrested in Catskill on assault charges for the Parks beating in 1930. Two days later, he is released from the county jail on $25,000 bond. Five days later, he is again shot and wounded at the Aratoga Inn, a roadhouse near Cairo. After eating in the dining room with three companions, he is shot three times and collapses by the front door. A local resident drives him to a hospital in Albany, where he eventually recovers. On May 1, while he is still in the hospital, the New York State Police seize over $5,000 worth of illegal beer and alcohol from his hiding places in Cairo and at the Aratoga Inn.
In August 1931, Diamond and Paul Quattrocchi go on trial for bootlegging. The same month, he is convicted and sentenced to four years in state prison. In September 1931, he appeals his conviction.
On December 18, 1931, Diamond’s enemies finally catch up with him. He is staying in a rooming house on Dove Street in Albany while on trial for kidnapping in Troy. On the night of his acquittal, December 17, he and his family and friends visit a restaurant in Albany. At 1:00 a.m., he and mistress, Marion “Kiki” Roberts, entertain themselves at the Rain-Bo Room of the Kenmore Hotel on North Pearl Street.
At 4:30 a.m., Diamond drunkenly goes back to the rooming house and passes out on his bed. Two gunmen enter his room about an hour later. One man holds Diamond down and the other shoots him three times in the back of the head.
There is much speculation as to who is responsible for the murder. Likely candidates include Schultz, the Oley Brothers, the Albany Police Department, and relatives of Red Cassidy, another Irish American gangster at the time. According to author William Kennedy in his book O Albany, Dan O’Connell, who runs the local Democraticpolitical machine, orders Diamond’s execution, which is carried out by the Albany police.
Given the power that the O’Connell machine holds in Albany and its determination to prevent organized crime, other than their own, from threatening their monopoly of vice in the city, some accept this account of the story. For those believing this theory, William Fitzpatrick’s promotion to chief of police is said to be a reward for executing Diamond. In 1945, Chief Fitzpatrick is shot and killed in his own office by John McElveney, an Albany police detective. McElveney is sentenced to 20 years to life in prison. He is released in 1957 when his sentence is commuted by GovernorW. Averell Harriman.
On December 23, 1931, Diamond is buried at Mount Olivet Cemetery in Maspeth, Queens. There is no church service or graveside ceremony. Family and spectators numbering 200 attend the interment. No criminal figures are spotted.
On July 1, 1933, Alice Kenny Diamond, Diamond’s 33-year-old widow, is found shot to death in her Brooklyn apartment. It is speculated that she is shot by Diamond’s enemies to keep her quiet.
Prosperous is founded by Sir Robert Brooke in 1780 as a village for processing cotton produced in the Americas. When a rebellion spearheaded by the United Irishmen breaks out against British rule in Ireland, rebel forces led by John Esmonde make plans to capture Prosperous. Esmonde has 200 rebels under his command, while Prosperous is garrisoned by elements of the Royal Cork City Militia under the command of Captain Richard Swayne and reinforced by detachments of a Welsh mounted fencible regiment, the Ancient British Regiment of Fencible Cavalry Dragoons (also known as the Ancient Britons), numbering 150 men in all.
On May 24, 1798, Esmonde leads his forces to attack Prosperous. Their entry is preceded by the infiltration of a small rebel vanguard, who with the possible help of female sympathisers residing in Prosperous, scale the walls of the town’s barracks, kill the sentries and open the town gates. The barracks are quickly surrounded and attacked by the rebels who repulse an attempt by the garrison to break out. “Swayne himself was surprised in bed, shot and piked to death and his body burned in a tar barrel.” The remainder of the garrison are trapped in the upper floors of the barracks, which is set on fire by the rebels, causing them to jump in desperation onto the ground below, where they are summarily executed with pikes. While the rebels suffer no known casualties, approximately 40 members of the garrison are killed in the battle.
Ten members of the garrison, all belonging to the Ancient Britons, manage to escape from Prosperous to Dunlavin, County Wicklow, where they participate in the Dunlavin Green executions on May 26. Esmonde is later captured by Crown forces and brought to Dublin for trial. As he had previously enlisted at the rank of lieutenant in the ClaneYeomanry, Esmonde is court-martialled on June 13 and found guilty of being a deserter. He is executed by hanging on June 14 on Carlisle Bridge (now the O’Connell Bridge) with his coat being worn reversed to indicate that he had been convicted of desertion. Prosperous remains under the control of the United Irishmen until June 19, when a detachment of the 5th Dragoon Guards under the command of Lieutenant Colonel Stewart recaptures the town.
seamus dubhghaill 