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Tag Archives: Lord Chief Justice of England and Wales


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Roger Casement’s Efforts to Gain German Military Aid Ends

During World War I, Roger Casement makes efforts to gain German military aid for the 1916 Easter Rising. His journey on the German submarine SM U-19 comes to an end on April 21, 1916.

In April 1916, Germany offers the Irish 20,000 Mosin–Nagant 1891 rifles, ten machine guns and accompanying ammunition, but no German officers. It is a fraction of the quantity of the arms Casement had hoped for, with no military expertise on offer. The weapons leave Germany bound for Ireland on a German cargo vessel named the SS Libau, disguised as a Norwegian vessel, Aud-Norge.

Casement confides his personal papers to Dr. Charles Curry, with whom he has stayed at Riederau on the Ammersee, before leaving Germany. He departs with Robert Monteith and Sergeant Daniel Beverley (Bailey) of the Irish Brigade in a submarine, initially the SM U-20, which develops engine trouble, and then the SM U-19, shortly after the Aud sails. According to Monteith, Casement believes the Germans are toying with him from the start and providing inadequate aid that will doom a rising to failure. He wants to reach Ireland before the shipment of arms and to convince Eoin MacNeill, who he believes is still in control, to cancel the rising.

Casement sends John McGoey, a recently arrived Irish American, through Denmark to Dublin, ostensibly to advise what military aid is coming from Germany and when, but with Casement’s orders “to get the Heads in Ireland to call off the rising and merely try to land the arms and distribute them.” McGoey does not reach Dublin, nor does his message. His fate is unknown until recently. Evidently abandoning the Irish Nationalist cause, he joins the Royal Navy in 1916, survives the war, and later returns to the United States, where he dies in an accident on a building site in 1925.

About 2:00 a.m. on the morning of April 21, 1916, three days before the rising begins, Robert Monteith, Daniel Bailey (calling himself Beverly), and Casement climb into a small boat for the trip to shore at Banna Strand in Tralee Bay, County Kerry. Their boat, now in the Imperial War Museum in London, capsizes before they reach shore.

Monteith helps an exhausted Casement to safety on shore. Casement is convinced that the Rising cannot be successful without a large number of German troops, and the best he has been able to obtain is one boatload of arms. Suffering from a recurrence of the malaria that had plagued him since his days in the Congo, and too weak to travel, Monteith and Bailey leave Casement at the ruins of McKenna’s Fort, an ancient ring fort in Rahoneen, Ardfert, now renamed Casement’s Fort, and head for Tralee.

About 1:30 p.m., Casement is discovered by two Royal Irish Constabulary (RIC) officers. He nearly talks his way out of being arrested, but a 12-year-old boy at the scene points out a piece of paper Casement had tossed away as the police approach. On that paper is a German code list. He is arrested on charges of high treason, sabotage and espionage against the Crown. He manages to send word to Dublin about the inadequate German assistance.

The Kerry Brigade of the Irish Volunteers might have tried to rescue Casement over the next three days, but its leadership in Dublin holds that not a shot is to be fired in Ireland before the Easter Rising is in train and therefore orders the Brigade to “do nothing.” A subsequent internal inquiry attaches “no blame whatsoever” to the local Volunteers for failing to attempt a rescue. Casement is taken to Brixton Prison and placed under special observation for fear of an attempt of suicide as there is no staff at the Tower of London to guard suicidal cases.

Casement’s trial at bar opens at the Royal Courts of Justice on June 26, 1916, before the Lord Chief Justice (Viscount Reading), Justice Horace Avory, and Justice Thomas Horridge. Refusing to agree to a “guilty but insane” plea, he is subsequently found guilty and sentenced to be hanged. He unsuccessfully appeals against his conviction and death sentence.

On the day of his execution by hanging at Pentonville Prison, August 3, 1916, Casement is received into the Catholic Church at his request. He is attended by two Catholic priests, Dean Timothy Ring and Father James Carey, from the East London parish of SS Mary and Michael. The latter, also known as James McCarroll, says of Casement that he was “a saint … we should be praying to him [Casement] instead of for him.” At the time of his death he is 51 years old.

Casement’s body is buried in quicklime in the prison cemetery at the rear of Pentonville Prison, though his last wish was to be buried at Murlough Bay on the north coast of County Antrim, in present-day Northern Ireland. Finally, in 1965, his remains are repatriated to Ireland. His remains lay in state at the Garrison Church, Arbour Hill (now Arbour Hill Prison) in Dublin for five days, close to the graves of other leaders of the 1916 Easter Rising, although he would not be buried beside them. After a state funeral, the remains are buried with full military honours in the republican plot in Glasnevin Cemetery in Dublin, alongside other Irish republicans and nationalists. The President of Ireland, Éamon de Valera, who is then in his mid-eighties and the last surviving leader of the Easter Rising, attends the ceremony, along with an estimated 30,000 others.


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Death of Sir James Charles Mathew, Barrister & Judge

Sir James Charles Mathew, barrister and judge, dies in London on November 9, 1908.

Mathew is born on July 10, 1830 at Lehenagh House, County Cork, eldest son of Charles Mathew, gentleman, of Lehanagh House and Castlelake, County Tipperary, and his wife Mary, daughter of James Hackett of Cork. He is of a Roman Catholic family and his uncle is Fr. Theobald Mathew, the temperance movement campaigner. His initial education is at a private school in Cork. He enters Trinity College Dublin (TCD) in July 1845, graduating BA (1850) as a gold medalist and senior moderator. In Hilary term 1850 he is admitted to the King’s Inns in Dublin. He moves to London, entering Lincoln’s Inn on June 1, 1851, and is called to the English bar in Hilary term 1854.

Mathew is a founding member of the Hardwicke Society, a legal debating society, and builds up a substantial practice as a junior barrister, being much in demand as counsel for jury cases in the Guildhall sittings. Despite being highly regarded by his peers, a certain lack of confidence holds him back and even when vacancies arise he does not apply to be made a Queen’s Counsel (QC). In 1873, however, he represents the treasury as a junior counsel in the prosecution of the Tichborne claimant, Arthur Orton, in one of the most celebrated legal cases of the day. He is the only counsel for the treasury who does not get into heated arguments in court with Orton’s leading council, Dr. Edward Vaughan Hyde Kenealy.

Mathew possesses an encyclopedic knowledge of legal procedure and in 1881 is made a bencher at Lincoln’s Inn and awarded an honorary doctorate by TCD. Although still only a junior counsel he is appointed a judge in the Queen’s Bench Division in March 1881 and knighted. After the return to office of the Liberal Party in August 1892 he becomes chairman of the commission established to investigate the state of evicted tenants in Ireland. His appointment is perhaps unfortunate, as he is a home ruler in politics and the home rule MP John Dillon is his son-in-law. When the commission begins its hearings on November 7, 1892, he announces that he will not allow witnesses to be cross-examined. This provokes protests from Edward Carson, who had recently been replaced as solicitor general for Ireland. Counsel is ordered to withdraw and eventually two members of the commission resign, while the landlords refuse to cooperate with the proceedings. Despite severe criticism, many of the commission’s recommendations are incorporated in the Wyndham Land Purchase Act of 1903.

Throughout his legal career, Mathew argues for the establishment of a separate commercial court, and eventually succeeds in convincing the other members of the bench and also Lord Russell of Killowen, who is appointed Lord Chief Justice in 1894, that such a court be established. As a result of this, he is appointed as the first judge of the Commercial Court when it is set up in 1895. In 1901 he is made a privy councilor and appointed judge in the Court of Appeal.

On December 6, 1905 Mathew is seized with a paralytic stroke at the Athenaeum Club in London, and his resignation is announced on the following day. On November 9, 1908 he dies at his London home, 46 Queen’s Gate Gardens. His remains are returned to Ireland, where they are interred in St. Joseph’s Cemetery, Cork.

Mathew marries Elizabeth Blackmore, eldest daughter of the Rev. Edwin Biron, JP and vicar of Lympne near Hythe, Kent, in December 1861. They have two sons and three daughters. His eldest daughter, Elizabeth Mathew, marries John Dillon. A portrait of Sir James Charles Mathew, by Frank Holl, is in the possession of the family. In 1896 a cartoon portrait of him by ‘Spy’ appears in Vanity Fair.

(From: “Mathew, Sir James Charles” by David Murphy, Dictionary of Irish Biography, http://www.dib.ie | Pictured: Sir James Charles Mathew by Alexander Bassano, half-plate glass negative, 1883, National Portrait Gallery, London)


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The Clerkenwell Explosion

The Clerkenwell explosion, also known as the Clerkenwell Outrage, is a bombing that takes place in London on December 13, 1867. The Irish Republican Brotherhood (IRB), nicknamed the “Fenians“, explode a bomb to try to free one of their members being held on remand at Clerkenwell Prison. The explosion damages nearby houses, kills 12 people and causes 120 injuries. None of the prisoners escape.

The whole of Ireland has been under British rule since the end of the Nine Years’ War in 1603. The Irish Republican Brotherhood is founded on March 17, 1858 with the aim of establishing an independent democratic republic in Ireland, and the Fenian Brotherhood, ostensibly the American wing of the Irish Republican Brotherhood, is founded in New York City in 1859.

On November 20, 1867, Ricard O’Sullivan Burke and his companion Joseph Casey are arrested in Woburn Square in London. Burke had purchased weapons for the Fenians in Birmingham. Burke is charged with treason and Casey with assaulting a constable. They are remanded in custody pending trial, and imprisoned at the Middlesex House of Detention, also known as Clerkenwell Prison.

Burke’s IRB colleagues try to free him on Thursday, December 12, without success. They try to blow a hole in the prison wall while the prisoners are exercising in the prison yard but their bomb fails to explode. They try again at about 3:45 PM the following day, December 13, using a barrel of gunpowder concealed on a costermonger‘s barrow. The explosion demolishes a 60-foot section of the wall, but no one escapes. The prison authorities had been forewarned and the prisoners were exercised earlier in the day, so they are locked in their cells when the bomb explodes. The blast also damages several nearby tenement houses on Corporation Lane on the opposite side of the road, killing 12 people and causing many injuries, with estimates ranging from around 30 to over 120.

Charges are laid against eight, but two turn Queen’s evidence. Michael Barrett and five others are tried at the Old Bailey in April 1868. Lord Chief Justice Sir Alexander Cockburn and Baron George Bramwell preside with a jury. The prosecution is led by the Attorney General Sir John Karslake and the Solicitor General Sir William Baliol Brett supported by Hardinge Giffard QC and two junior counsel. Defence barristers included Montagu Williams and Edward Clarke.

Barrett, a native of County Fermanagh, protests his innocence, and some witnesses testify that he was in Scotland on December 13, but another identifies him as being present at the scene. Two defendants are acquitted on the instructions of the presiding judges in the course of the trial, leaving four before the jury. Following deliberations, three of the defendants are acquitted, but Barrett is convicted of murder on April 27 and sentenced to death. Barrett is hanged by William Calcraft on the morning of Tuesday, May 26, 1868, outside Newgate Prison. He is the last man to be publicly hanged in England, with the practice being ended from May 29, 1868, by the Capital Punishment Amendment Act 1868.

The trial of Burke and Casey, and a third defendant, Henry Shaw, begains on April 28, all charged with treason. The prosecution claims that Burke had been involved in finding arms for the Fenians in Birmingham in late 1865 and early 1866, where he was using the name “Edward C Winslow.” The case against Casey is ultimately withdrawn, but Burke and Shaw are found guilty of treason on April 30 and sentenced to 15 years and 7 years of penal servitude respectively.

The bombing enrages the British public, souring relations between England and Ireland and causing a panic over the Fenian threat. The radical, Charles Bradlaugh, condemns the incident in his newspaper, the National Reformer, as an act “calculated to destroy all sympathy, and to evoke the opposition of all classes.” The Metropolitan Police form a Special Irish Branch at Scotland Yard in March 1883, initially as a small section of the Criminal Investigation Department, to monitor Fenian activity.

In April 1867, the supreme council of the Irish Republican Brotherhood condemns the Clerkenwell Outrage as a “dreadful and deplorable event,” but the organisation returns to bombings in Britain in 1881 to 1885, with the Fenian dynamite campaign.

(Pictured: The House of Detention in Clerkenwell after the bombing as seen from within the prison yard)


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The Widgery Report Is Released

john-passmore-widgeryJohn Passmore Widgery, Baron Widgery, English judge who serves as Lord Chief Justice of England and Wales from 1971 to 1980, issues his report exonerating “Bloody Sunday” troops on April 19, 1972.

Widgery receives promotion to the Court of Appeal in 1968. He has barely gotten used to his new position when Lord Parker of Waddington, who had been Lord Chief Justice of England and Wales since 1958, announces his retirement. There is no obvious successor and Widgery is the most junior of the possible appointees. The Lord Chancellor, Quintin Hogg, Baron Hailsham of St. Marylebone, chooses Widgery largely on the basis of his administrative abilities. On April 20, 1971 he is created a life peer taking the title Baron Widgery, of South Molton in the County of Devon.

Shortly after taking over, Widgery is handed the politically sensitive job of conducting an inquiry into the events of January 30, 1972 in Derry, where troops from 1st Battalion, Parachute Regiment had murdered 13 civil rights marchers, commonly referred to as Bloody Sunday. A 14th person dies shortly after Widgery’s appointment. He hears testimony from the paratroopers, who claim they had been shot at, while the marchers insist that no one from the march was armed. Widgery produces a report that takes the British Army‘s side. He placed the main blame for the deaths on the march organisers for creating a dangerous situation where a confrontation was inevitable. His strongest criticism of the Army is that the “firing bordered on the reckless.”

The Widgery Report is accepted by the British government and Northern Ireland‘s unionists but is immediately denounced by Irish nationalist politicians, and people in the Bogside and Creggan areas are disgusted by his findings. The British Government had acquired some goodwill because of its suspension of the Stormont Parliament, but that disappears when Widgery’s conclusions are published. The grievance with Widgery’s findings lingers and the issue remains live as the Northern Ireland peace process advances in the 1990s.

In January 1998, on the eve of the 26th anniversary of Bloody Sunday, Prime Minister Tony Blair announces a new inquiry, criticising the rushed process in which Widgery failed to take evidence from those wounded and did not personally read eyewitness accounts. The resulting Bloody Sunday Inquiry lasts 12 years before the Saville Report is published on June 15, 2010. It demolishes the Widgery Report, finding that soldiers lied about their actions and falsely claimed to have been attacked.

Prime Minister David Cameron, on behalf of the United Kingdom, formally apologises for the “unjustified and unjustifiable” events of Bloody Sunday. As a result of the Saville Report, even observers who are natural supporters of the British Army now regard Widgery as discredited. The conservative historian and commentator Max Hastings describes the Widgery report as “a shameless cover-up.”