Hayes sends a plan for the invasion of Northern Ireland by German troops to Germany in April 1940. This plan later becomes known as Plan Kathleen. He is also known to have met with German agent Hermann Görtz on May 21, 1940, in Dublin shortly after the latter’s parachuting into Ireland on May 5, 1940, as part of Operation Mainau. He is known to have asked Görtz for money and arms to wage a campaign in Northern Ireland, although shortly after this meeting the original Plan Kathleen is discovered. The discovery of the plan leads to the acceleration of joint British and Irish military planning for a German invasion known as Plan W.
Another meeting on August 15, 1940, on Rathgar Road, Dublin, organised by Hayes and attended by senior IRA men Paddy McGrath, Tom Harte and Tom Hunt, is also raided by the Garda Síochána.
On June 30, 1941, Northern-based IRA men kidnap Hayes, accusing him of being a spy. By his own account, he is tortured and “court-martialed” for “treason” by his comrades, and would have been executed, but he buys himself time composing an enormously long confession. He manages to escape on September 8, 1941, and hands himself in to the Garda for protection.
The Officer Commanding (O/C) of the IRA Northern Command, Seán McCaughey, is convicted on September 18, 1941, of the kidnapping. After a long hunger and thirst strike in Portlaoise Prison, he dies on May 11, 1946.
Hayes is later sentenced to five years’ imprisonment by the Special Criminal Court on account of his IRA activities.
Within IRA circles, Hayes is still considered a traitor and an informer. One of the main allegations against him is that he informed the Garda Síochána about IRA arms dumps in Wexford. However, this is later blamed on a Wexford man named Michael Deveraux, an officer of the Wexford Battalion of the IRA who is subsequently abducted and executed by an IRA squad in County Tipperary on Hayes’ orders. George Plant, a Protestant IRA veteran, is later executed in Portlaoise Prison for Devereux’s murder.
After his release, Hayes resumes his clerical position at Wexford County Council. He dies in Enniscorthy on December 28, 1974.
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.
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 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.
References to Stephens’s early life, according to one of his biographers, Desmond Ryan, are obscure and limited to Stephens’s own vague autobiographical recollections. He is born at Lilac Cottage, Blackmill Street, Kilkenny, County Kilkenny, on January 26, 1825, and spends his childhood there. No birth records have ever been located, but a baptismal record from St. Mary’s Parish is dated July 29, 1825. There is reason to believe that he is born out of wedlock in late July 1825. However, according to Stephens, his exact date of birth is January 26. He is educated at St. Kieran’s College, Kilkenny, for at least one quarter in 1838. He is later apprenticed to a civil engineer, and from 1844 onwards works for the Waterford–Limerick Railway Company.
When the Young Irelanders split from Daniel O’Connell‘s Repeal Association and found the Irish Confederation in January 1847, Stephens becomes involved in the activities of the Kilkenny Confederate clubs. After the government suspends habeas corpus and issues warrants of arrest against the Confederate leaders, William Smith O’Brien appears in Kilkenny on July 23, 1848, seeking support for a popular insurrection, and two days later Stephens joins him. For four days he follows O’Brien’s wanderings and takes part in all his encounters with government forces, including the affray at the home of Widow McCormack on July 29 when O’Brien’s followers besiege a party of policemen in a house near Ballingarry, County Tipperary. They are finally dispersed by gunfire and the arrival of reinforcements, thus ending O’Brien’s revolutionary efforts. Stephens reportedly receives two bullet wounds but manages to hide and evade arrest.
Three days later, Stephens proceeds to Ballyneale, near Carrick-on-Suir, County Tipperary, in search of John O’Mahony. He accompanies O’Mahony to meet Michael Doheny, and for six weeks Stephens and Doheny avoid arrest by roaming around the south of Ireland, an adventure that Doheny records in The Felon’s Track (1849). On September 12, Stephens is smuggled out of Ireland by the family of the Skibbereen attorney McCarthy Downing, and four days later manages to reach Paris. O’Mahony and Doheny join him shortly afterwards, although Doheny soon emigrates to the United States.
From their exile Stephens and O’Mahony watch the failure of the ’49 conspiracy of James Fintan Lalor and Philip Gray and witness the barricades against Louis Napoleon’s coup d’état in 1851. Stephens later claims to have joined the French republican insurgents, but according to O’Mahony this is merely a frustrated intention. Equally without foundation is the rumour that Stephens and O’Mahony at this time join a republican secret society as a training ground for their future Irish enterprise.
Stephens remains in Paris from 1848 to 1855, supporting himself by teaching English. He attends Sorbonne University and has plans to obtain a professorship that never materialises. Towards the close of his exile, he is employed by the Le Moniteur Universel, for which he allegedly translates Charles Dickens‘s Martin Chuzzlewit. Late in 1855 he returns to Ireland and undertakes a series of tours throughout the island. He later magnifies the venture as “the 3,000 miles’ walk” and reformulates it as an attempt to measure the country’s nationalist temperature. However, his primary intention at the time is to collect information for a book he is planning to write. The following autumn he returns to Dublin, becomes tutor of French to the children of several well-to-do families including that of the Young Irelander John Blake Dillon, and joins the nationalist circle of Thomas Clarke Luby, Philip Gray, and other veterans of the ’49 conspiracy.
When Gray dies in January 1857, Stephens asks O’Mahony, then living in New York, to collect funds for a funeral monument. This evidence of nationalist activity, coupled with the prospect of “England’s difficulty” awakened by the recent Crimean War and the insurrection in India, give life to O’Mahony’s and Doheny’s Emmet Monument Association (EMA). That autumn the EMA sends an envoy to Ireland with a proposal for Stephens to prepare the country for the arrival of a military expedition. Stephens offers to organise 10,000 men in three months, provided he is given at least £80 a month and absolute authority over the enterprise. On March 17, 1858, Saint Patrick’s Day, he receives the first installment and his appointment as “chief executive” of the Irish movement. The same day he and his associates take an oath to make Ireland “an independent democratic republic.” The nameless secret society thereby inaugurated eventually becomes known as the Irish Republican Brotherhood (IRB). It is organised in cells, each led by a “centre” with Stephens being known as the “head centre.”
The EMA’s failure to send a second installment prompts Stephens to travel to New York in October 1858. While in America he attempts, and fails, to engage the support of the Young Irelanders John Mitchel and Thomas Francis Meagher, but succeeds in establishing a solid partnership with Irish nationalists based in New York. Late in 1858 the surviving members of the EMA reorganise themselves into a modified replica of the IRB, and under John O’Mahony’s inspiration adopt the name of the Fenian Brotherhood (FB). Eventually the label “Fenian” comes to be applied to the members of both organisations. As part of the new arrangements, Stephens obtains a new appointment as head of the movement “at home and abroad.”
Despite Stephens’s success, his labours in America and the secrecy of his own activities in Ireland are almost spoiled in December by the arrest of Jeremiah O’Donovan Rossa and other members of the Phoenix National and Literary Society of Skibbereen, which had been incorporated into the IRB the previous May. On his return from America in March 1859 Stephens takes refuge in Paris and delegates management of the organisation to Luby. He only returns to Dublin in April 1861 when O’Mahony, then on a tour of inspection, suggests establishing an executive council to share Stephens’s power. Stephens succeeds in frustrating this plan, but from the time of O’Mahony’s visit the tension between the two leaders never subsides.
In the autumn of 1861 Stephens takes lodgings on Charlemont Street at the house of John and Rossanna Hopper, owners of a small tailoring establishment, and soon falls in love with their daughter Jane, almost twenty years his junior. The two are married on January 24, 1864, at the church of SS Michael and John, Exchange Street. The marriage produces no children.
The first success for Stephens’s IRB comes on November 10, 1861, when the IRB-dominated National Brotherhood of Saint Patrick stages the funeral for the Young Irelander Terence MacManus after an intense tug-of-war with both the Catholic church and constitutional nationalism. Stephens plays a central role in promoting IRB control of the funeral arrangements and although the event lacks the mythical nationalist significance claimed by Fenian apologists, it serves to boost Fenian self-assertion and hasten the divorce between middle-class nationalist elites and a new militant republican working class which has different interests at stake in an independent Ireland.
Despite the McManus funeral success, the IRB continues to endure financial difficulties throughout 1862. In 1863, Stephens resolves to address these difficulties and consolidate the movement’s position by founding a newspaper. The Irish People is first issued on November 28, 1863. He contributes leading articles to its first three numbers but finally abandons his literary efforts in favour of Luby, John O’Leary, and Charles J. Kickham, thereafter the paper’s leading writers and guiding spirits.
In the meantime, the relationship between Stephens and O’Mahony continues to deteriorate. In November 1863 O’Mahony has turned the tables and persuaded the FB to acknowledge Stephens merely as “its representative in Europe.” In March 1864 Stephens again travels to the United States in order to stimulate the flow of funds towards the IRB and regain some hold on the FB. As part of his new policies, he makes the sensational announcement that 1865, at latest, is to be the movement’s “year of action.” After the end of the American Civil War in April 1865, Fenian activity increases spectacularly, and demobilised soldiers travel to Ireland. However, on September 15, 1865, the government takes action, suppresses The Irish People, and arrests most of Stephens’s closest collaborators, including Luby, O’Leary and O’Donovan Rossa. Stephens himself is arrested on November 11 but, in a daring operation that proves a propaganda coup for the Fenians, is rescued from Richmond Bridewell penitentiary thirteen days later and eventually makes his way to America via Britain and France. By the time he arrives in the United States, the FB has split into two “wings,” the partisans of John O’Mahony and those of William R. Roberts, the president of the Fenian “senate,” who advocate shifting military efforts towards invading Canada. The split ends Stephens’s already slender chances of launching a successful rising before the end of December, and he calls a postponement.
On February 17, 1866, the government suspends habeas corpus in Ireland and arrests multiply. Stephens braves the members’ impatience, calls a new postponement, and in May travels to New York in order to try and solve the American crisis in the IRB’s favour. He accepts O’Mahony’s resignation, takes control of his wing, and starts an intensive campaign of propaganda and fund-raising. Again, he proclaims 1866 as the “year of action,” but by December the movement is weaker than ever, and he tries to call a new postponement. This time his lieutenants, led by Col. Thomas J. Kelly, lose patience, depose him from leadership and prepare to launch the insurrection themselves. The result is the ill-fated Fenian Rising of March 5-6, 1867.
After his deposition, Stephens spends most of his remaining years in France, in dire financial distress, but still hoping against hope to regain his position at the head of the movement. However, the IRB is now under the control of the anti-Stephens supreme council, and the FB is quickly losing its influence to the newly emerged Clan na Gael. His reputation, always tainted by his controversial personality and autocratic management, had been ruined forever by the 1866 events and his repeated failure to order the rising. With the exception of a small core of diehard partisans, the majority of his former associates and followers have grown resentful of his leadership and are vehemently opposed to his return.
Apart from occasional English tutoring and a ruinous venture as a wine merchant that takes him to the United States from 1871 to 1874, Stephens’s post-Fenian years are mainly spent in poverty while awaiting the next opportunity to resume leadership of the IRB. In 1880, after a last unsuccessful trip to the United States and a crushing defeat by John Devoy and Clan na Gael, he gives up hope, returns to Paris, and settles down to earn a living as an occasional newspaper contributor. In 1885 he is expelled from France under the unfounded suspicion of involvement in dynamiting activities with his cousins Joseph and Patrick Casey and the journalist Eugene Davis. He then takes up residence in Brussels but is able to return to Paris two years later. Finally, through Charles Stewart Parnell‘s intervention in 1891, he is allowed to return to Ireland. He moves into a cottage in Sutton, near Howth, and settles into retirement. After his wife’s death in 1895 he moves to the house of his in-laws in Blackrock, County Dublin, where he dies on March 29, 1901. Two days later he is given a solemn nationalist funeral and is interred in Glasnevin Cemetery.
Stephens’s controversial historical reputation never accords him a comfortable place in the post-independence nationalist pantheon. His egotism and defects as a leader overshadow the credit he is given as a founder and organiser. Yet his notorious personality is arguably the key to his success and ultimate historical significance. His obsessive self-confidence and single-mindedness turn the EMA’s half-matured proposal into a solid partnership that inaugurates an enduring pattern of American involvement in Irish nationalism. At the same time, by impressing the IRB with his own assertiveness he enables it to break the tacit monopoly of the middle classes on Irish political life. By the time of his downfall, Irish republicanism has acquired a definite shape and a marginal but stable position in the Irish political scene.
Stephens’s name has been incorporated into Kilkenny local heritage in institutions as diverse as a swimming pool, a military barracks, and a hurling team. In 1967 a plaque is unveiled at the site of his childhood home on Blackmill Street. The main collections of his documents are the James Stephens papers, MSS 10491–2, in the National Library of Ireland, and the Michael Davitt papers addenda, MS 9659d, in Trinity College Dublin.
(From: “Stephens, James” by Marta Ramón, Dictionary of Irish Biography, http://www.dib.ie, last revised March 2021)
Wolfe is the eighth of nine sons born to John Wolfe (1700–60) and his wife Mary (d. 1763), the only child and heiress of William Philpot, a successful merchant at Dublin. One of his brothers, Peter, is the High Sheriff of Kildare, and his first cousin Theobald is the father of the poet Charles Wolfe.
Wolfe is educated at Trinity College Dublin, where he is elected a Scholar, and at the Middle Temple in London. He is called to the Irish Bar in 1766. In 1769, he marries Anne Ruxton (1745–1804) and, after building up a successful practice, takes silk in 1778. He and Anne have four children, John, Arthur, Mariana and Elizabeth.
Appointed Attorney-General for Ireland in 1789, Wolfe is known for his strict adherence to the forms of law, and his opposition to the arbitrary measures taken by the authorities, despite his own position in the Protestant Ascendancy. He unsuccessfully prosecutes William Drennan in 1792. In 1795, Lord Fitzwilliam, the new Lord Lieutenant of Ireland, intends to remove him from his place as Attorney-General to make way for George Ponsonby. In compensation, Wolfe’s wife is created Baroness Kilwarden on September 30, 1795. However, the recall of Fitzwilliam enables Wolfe to retain his office.
After the Irish Rebellion of 1798, Wolfe becomes notable for twice issuing writs of habeas corpus on behalf of Wolfe Tone, then held in military custody, but these are ignored by the army and forestalled by Tone’s suicide in prison. In 1795 he had also warned Tone and some of his associates to leave Ireland to avoid prosecution. Tone’s godfather, Theobald Wolfe of Blackhall (the father of Charles Wolfe), is Wolfe’s first cousin, and Tone may have been Theobald’s natural son. These attempts to help a political opponent are unique at the time.
In 1802 Wolfe presides over the case against Town Major Henry Charles Sirr in which the habitual abuses of power used to suppress rebellion are exposed in court.
In the same year Wolfe orders that the well-known Catholic priest Father William Gahan be imprisoned for contempt of court. In a case over the disputed will of Gahan’s friend John Butler, 12th Baron Dunboyne, the priest refuses to answer certain questions on the ground that to do so would violate the seal of the confessional, despite a ruling that the common law does not recognize the seal of the confessional as a ground for refusing to give evidence. The judge apparently feels some sympathy for Gahan’s predicament, as he is released from prison after only a few days.
During the Irish rebellion of 1803, Wolfe, who had never been forgiven by the United Irishmen for the execution of William Orr, is clearly in great danger. On the night of July 23, 1803, the approach of the Kildare rebels induces him to leave his residence, Newlands House, in the suburbs of Dublin, with his daughter Elizabeth and his nephew, Rev. Richard Wolfe. Believing that he will be safer among the crowd, he orders his driver to proceed by way of Thomas Street in the city centre. However, the street is occupied by Robert Emmet‘s rebels. Unwisely, when challenged, he gives his name and office, and he is rapidly dragged from his carriage and stabbed repeatedly with pikes. His nephew is murdered in a similar fashion, while Elizabeth is allowed to escape to Dublin Castle, where she raises the alarm. When the rebels are suppressed, Wolfe is found to be still alive and is carried to a watch-house, where he dies shortly thereafter. His last words, spoken in reply to a soldier who called for the death of his murderers, are “Murder must be punished; but let no man suffer for my death, but on a fair trial, and by the laws of his country.”
Wolfe is succeeded by his eldest son John Wolfe, 2nd Viscount Kilwarden. Neither John nor his younger brother Arthur, who dies in 1805, have male issue, and on John’s death in 1830 the title becomes extinct.
(Pictured: Portrait of Lord Chief Justice of Ireland, Arthur Wolfe (later Viscount Kilwarden) by Hugh Douglas Hamilton, between 1797 and 1800, Gallery of the Masters)
Hayes sends a plan for the invasion of Northern Ireland by German troops to Germany in April 1940. This plan later becomes known as Plan Kathleen. He is also known to have met with German agent Hermann Görtz on May 21, 1940, in Dublin shortly after the latter’s parachuting into Ireland on May 5, 1940, as part of Operation Mainau. He is known to have asked Görtz for money and arms to wage a campaign in Northern Ireland, although shortly after this meeting the original Plan Kathleen is discovered. The discovery of the plan leads to the acceleration of joint British and Irish military planning for a German invasion known as Plan W.
Another meeting on August 15, 1940, on Rathgar Road, Dublin organised by Hayes and attended by senior IRA men Paddy McGrath, Tom Harte and Tom Hunt, is also raided by the Garda Síochána.
On June 30, 1941, Northern-based IRA men kidnap Hayes, accusing him of being a spy. By his own account, he is tortured and “court-martialed” for “treason” by his comrades, and would have been executed, but he buys himself time composing an enormously long confession. He manages to escape on September 8, 1941, and hands himself in to the Garda for protection.
The Officer Commanding (O/C) of the IRA Northern Command, Seán McCaughey, is convicted on September 18, 1941, of the kidnapping. After a long hunger and thirst strike in Portlaoise Prison, he dies on May 11, 1946.
Hayes is later sentenced to five years’ imprisonment by the Special Criminal Court on account of his IRA activities.
Within IRA circles, Hayes is still considered a traitor and an informer. One of the main allegations against him is that he informed the Garda Síochána about IRA arms dumps in Wexford. However, this is later blamed on a Wexford man named Michael Deveraux, an officer of the Wexford Battalion of the IRA who is subsequently abducted and executed by an IRA squad in County Tipperary on Hayes’ orders. George Plant, a Protestant IRA veteran, is later executed in Portlaoise Prison for Devereux’s murder.
After his release, Hayes resumes his clerical position at Wexford County Council. He dies in Enniscorthy on December 28, 1974.
In 1863, Stephens tells friends he is to start a newspaper. With funds through John O’Mahony, founder of the Fenian Brotherhood in the United States, he sets up an office at 12 Parliament Street. John O’Leary becomes the editor, with Thomas Luby, Charles Kickham, and Denis Mulcahy as editorial staff and Luby as a proprietor. Jeremiah O’Donovan Rossa is the business manager and James O’Connor his assistant and bookkeeper. The newspaper is printed by John Haltigan. Most of the articles are written by O’Leary and Kickham. The first issue comes out on Saturday, November 28, 1863. Its sympathies are clear. A front-page advertisement offers to ship old copies of the United Irishman and The Irish Felon to any address in the UK and editorial content is critical of the political status quo. Superintendent Daniel Ryan of G Division of the Dublin Metropolitan Police, which is largely concerned with Fenianism, notes the new publication’s birth and comments on its low circulation.
Plans for a rising in Ireland, hatched in the United States, are found at Kingstown station in July 1865 in an envelope containing a £500 New York bankers’ draft payable to Stephens’ brother-in-law. This is handed over to Dublin Castle and the link proves to be decisive for what follows. Later, a letter to the Tipperary IRB calling for a nationalist uprising is found by Pierce Nagle, a police informer working for The Irish People. Nagle had visited British officials while in New York in 1864 and offers his services after being upset by Stephens’ manner. After Nagle provides the information, the offices of The Irish People are raided on September 15. The last issue comes out the following day.
The paper is suppressed by the Lord Lieutenant of Ireland, John Wodehouse. Luby, O’Leary, O’Donovan Rossa and O’Connor are arrested and held at Richmond Bridewell prison. Stephens and Kickham join them a month later. Stephens escapes from prison on November 24. A Special Commission is opened on November 27 and forty-one people are charged are ultimately charged. Luby, O’Leary, O’Connor, O’Donovan Rossa and Kickham are charged with the most serious crime of treason felony, first used against the republicans of 1848. Evidence used for the prosecution includes the letter found by Nagel and his testimony about Fenian connections, articles from The Irish People as far back as the first issue, in which Irish Catholic judges including one of the presiding judges, the current Attorney-General for Ireland and Privy CouncillorWilliam Keogh, had been strongly criticised, and a devastating secret document from 1864 written by Stephens and entrusted to Luby granting Luby, O’Leary and Kickham executive powers over the IRB. Kickham is unaware of the document. The conflicts of interest, also with the other judge, John David FitzGerald, who is involved in the defendants’ arrest, are highlighted by the defending counsel, former ToryMPIsaac Butt. Also noted is the striking, if not unusual, jury packing, an act where in a mostly Catholic land, some of the juries involved are entirely Protestant.
Luby, O’Leary and O’Connor receive sentences of twenty years. O’Donovan Rossa is sentenced to life imprisonment because of his previous convictions. The frail Kickham, lifelong near blind and deaf, gets twelve years. Judge Keogh praises his intellect and expresses sympathy with his plight, despite having refused his request for a writ of corpus to bring Luby and Charles Underwood O’Connell to his trial concerning his ignorance of the “executive document,” as Luby had already begun his sentence in Pentonville Prison.
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 