The “supergrass” trial of thirty-eight alleged members of the Irish Republican Army (IRA) ends in Belfast on August 5, 1983. The defendants face various charges including murder and attempted murder. Eighteen later have their convictions quashed. The trial has lasted 120 days with most of the evidence being offered by IRA supergrass Christopher Black. The judge jails twenty-two of the accused to sentences totaling more that 4,000 years. Four people are acquitted and others receive suspended sentences. In 1986, eighteen of the twenty-two who received prison sentences have their convictions quashed by the Court of Appeal.
Kevin Malgrew, who faces the most charges, eighty-four, is sentenced to jail terms totaling 963 years. When sentencing him, the judge, Justice Basil Kelly, says, “You are a ruthless terrorist. I do not expect any words of mine will ever raise in you a twinge of remorse.”
In spite of the long sentences, none of those convicted is expected to spend more than twenty years in prison as the judge orders the terms should be served concurrently.
The IRA members are convicted largely on the evidence of a police informant, the so-called “supergrass” Christopher Black. He is granted immunity from prosecution and is believed to be abroad at the time the trial ends. A police spokesman says they believe Black is being hunted by the IRA.
Justice Kelly wears a bulletproof vest throughout the trial. Like all judges in such cases, he will receive police protection for the rest of his life.
But in spite of some of the long sentences he hands down, Justice Kelly also shows compassion to some of those on trial. He sets thirteen people free with suspended sentences or discharges saying he realises the “enormous pressure” placed upon them within their community to help extremists.
Postman Francis Murphy receives a suspended sentence for allowing an IRA man to wear his uniform so he could carry out a murder. And Justice Kelly gives Murphy’s mother an absolute discharge for having later burned the uniform. “Very many other mothers would have done the same,” he says.
(From: “1983: IRA members jailed for 4,000 years,” by BBC News, news.bbc.co.uk | Pictured: IRA volunteer Kevin Malgrew)
Bowes epitomizes the severity of the 18th century Penal Laws against Irish Catholics when he rules, in about 1759, that: “The law does not suppose any such person to exist as an Irish Roman Catholic, nor could such a person draw breath without the Crown’s permission”. Such views, given that Roman Catholics make up more than 90% of the Irish population at the time, inevitably make him bitterly unpopular, and in 1760 he is assaulted during a riot outside the House of Commons.
In spite of his religious bigotry, Bowes is considered one of the outstanding judges of his time. In particular, he is a reforming Lord Chancellor, who is praised for making the Court of Chancery “a terror for fraud, and a comfort and protection for honest men”. As Attorney-General he shows considerable courage in going on assize during the Irish Famine (1740–1741) despite the infectious fever which is raging at the time, and which claims the lives of three other judges who decide to brave the dangers.
Bowes is considered one of the finest speakers of his time. His speech for the prosecution at the trial of Henry Barry, 4th Baron Barry of Santry, who is charged with murder in 1739, is described by those who hear it as a masterpiece of eloquence and logic, and leads to the Irish House of Lords bringing in a unanimous verdict of guilty against Santry.
Bowes dies in Dublin on July 22, 1767, his mental faculties fully intact despite his bodily infirmities. He is buried in Christ Church Cathedral, Dublin, where his brother raises a memorial to him. He never marries, and his title becomes extinct on his death. He lives at Belvedere House, Drumcondra. His estates passes to his brother Rumsey Bowes of Binfield, Berkshire.
When appointed Lord Chancellor of Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Lower Connello in the County of Limerick, in the Peerage of Ireland that year. This does not entitle him to a seat in the British House of Lords, only in the Irish House of Lords. His later promotions come mostly in the Peerage of Ireland, being advanced to a Viscountcy in 1793 and the Earldom of Clare in 1795. He finally achieves a seat in the British House of Lords in 1799 when created Baron FitzGibbon, of Sidbury in the County of Devon, in the Peerage of Great Britain.
As Lord Chancellor for Ireland, FitzGibbon is a renowned champion of the Protestant Ascendancy and an opponent of Catholic emancipation. He despises the Parliament of Ireland‘s popular independent Constitution of 1782. He is also personally and politically opposed to the Irish politician Henry Grattan who urges a moderate course in the Irish Parliament and is responsible for defeating Grattan’s efforts to reform the Irish land tithe system under which Irish Catholic farmers (and all non-Anglican farmers) are forced to financially support the minority Anglican Church of Ireland. These are not fully repealed until 1869 when the Church of Ireland is finally disestablished, although Irish tithes are commuted after the Tithe War (1831–1836).
FitzGibbon opposes the Irish Roman Catholic Relief Act 1793 personally but apparently recommends its acceptance in the House of Lords, being forced out of necessity when that Act had been recommended to the Irish Executive by the British Cabinet led by William Pitt the Younger. Pitt expects Ireland to follow the British Roman Catholic Relief Act 1791 and allow Catholics to vote again and hold public offices. At the same time, FitzGibbon apparently denounces the policy this Act embodies, so it is probably safe to say that FitzGibbon’s own beliefs and principles conflict with his obligations as a member of the Irish executive of the time.
FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl of Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is apparently recalled, because of his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family and is generally a Foxite liberal Whig. His close association with and patronage of Irish Whigs led by Grattan and Ponsonby during his short tenure, along with his alleged support of an immediate effort to secure Catholic emancipation in a manner not authorized by the British cabinet is likely what leads to his recall. Thus, if anyone is to blame in the short-lived “Fitzwilliam episode” it is Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother George Ponsonby — not to mention Lord Fitzwilliam himself. Irish Catholics at the time and later naturally see things very differently and blame hardline Protestants such as FitzGibbon.
Irish Catholics and FitzGibbon apparently agree on one point – Irish political and economic union with Great Britain, which eventually takes place in 1801. Pitt wants Union with Ireland concomitantly with Catholic emancipation, commutation of tithes, and the endowment of the Irish Catholic priesthood. Union is opposed by most hardline Irish Protestants, as well as liberals such as Grattan. FitzGibbon is a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.
In the end, FitzGibbon’s views wins out, leading to the Union of Ireland with Great Britain to form the United Kingdom of Great Britain and Ireland without any concessions for Ireland’s Catholic majority, or for that matter, Catholics in the rest of the new United Kingdom. He later claims that he has been duped by the way in which the Act is passed and is bitterly opposed to any concessions during the short remainder of his life.
FitzGibbon’s role as Lord Chancellor of Ireland during the period of the 1798 rebellion is questionable. According to some, he supports a hardline policy which uses torture, murder and massacre to crush the rebellion, or that as Lord Chancellor, he has considerable influence on military affairs, and that martial law cannot be imposed without his consent. Others allege that as Lord Chancellor, he has no say in military affairs. His former side is displayed by sparing the lives of the captured United Irish leaders in return for their confession of complicity and provision of information relating to the planning of the rebellion. However, this willingness of the prisoners to partake of the agreement is spurred by the execution of the Sheares brothers on July 14, 1798.
In contrast to the leniency shown to the largely upper-class leadership, the full weight of military repression is inflicted upon the common people throughout the years 1797–98 with untold thousands suffering imprisonment, torture, transportation and death. Fitzgibbon ss inclined to show no mercy to unrepentant rebels and in October 1798 he expressed his disgust upon the capture of Wolfe Tone that he had been granted a trial and his belief that Tone should have been hanged as soon as he set foot on land.
FitzGibbon is quick to recognise that sectarianism is a useful ally to divide the rebels and prevent the United Irishmen from achieving their goal of uniting Protestant, Catholic and Dissenter, writing in June 1798, “In the North nothing will keep the rebels quiet but the conviction that where treason has broken out the rebellion is merely popish.”
FitzGibbon is noted by some as a good, improving landlord to both his Protestant and Catholic tenants. Some claim that the tenants of his Mountshannon estate call him “Black Jack” FitzGibbon. However, there is no evidence to support this claim, although there is little to no evidence on his dealings as a landlord. Irish nationalists and others point out that while he might have been interested in the welfare of his own tenants on his own estate, he treats other Irish Catholics very differently. Without further evidence, his role as a Protestant landowner in mainly Catholic Ireland is of little importance against his known dealings as Lord Chancellor.
FitzGibbon dies at his home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in the churchyard at St. Peter’s Church, Aungier Street, Dublin. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and there is a widespread story that a number of dead cats are thrown at his coffin as it departs Ely Place.
(Pictured: “Portrait of John FitzGibbon, 1st Earl of Clare,” painting by Gilbert Stuart, 1789)
John MacNaghten, Anglo-Irish land owner, gambler, and convicted murderer also known as “Half-Hanged MacNaghten,” is hanged at Strabane jail on December 15, 1761, for his involvement in the killing of Mary Anne Knox, daughter of Andrew Knox MP.
MacNaghten is born into a landed Anglo-Irish family and attends Raphoe Royal school in County Donegal. In 1740, he inherits his family estate worth £500 a year and that same year enters Trinity College, Dublin. MacNaghten marries the sister-in-law of the first earl of Massereene. However, he is quickly enamoured of the extravagant lifestyle of Ascendancy Dublin where he becomes a popular and colourful character. He develops an addiction to gambling and squanders away a large part of his inheritance, running up substantial gaming debts and by 1750 is threatened with arrest.
Following the death of his wife in childbirth, he is appointed to the lucrative post of tax collector for Coleraine but gambles away £800 of the King’s money. His estate is sequestered and by 1760 he is penniless.
He gains support trying to help overcome his addiction from a childhood friend, Andrew Knox. Knox is a wealthy land-owner and Member of Parliament (MP) for Donegal who lives on an estate at Prehen about two miles outside the city of Derry. Mary Ann, Knox’s 15-year-old daughter, is already a substantial heiress, having received some £6,000, and would collect a further legacy if her brother dies without issue. MacNaghten and Mary Ann develop a relationship as the former visits Prehen regularly. Nonetheless by 1761 their relationship has run into difficulties.
The practice of abduction and marriage is prevalent in 18th century Ireland among young men of social standing but with little property and, within their society, it is tolerated. So, on November 10, 1761, MacNaghten and his followers attempt to abduct Mary Ann from a carriage on a family journey to Dublin Parliament with the intention of eloping with her. The attempt fails miserably as MacNaghten shoots and mortally wounds her by mistake. He is taken to Lifford Courthouse in County Donegal, where a court finds MacNaghten guilty of murder and he is sentenced to execution by hanging.
At Strabane jail on December 15, 1761, MacNaghten hurls himself from the gallows with such force that the rope breaks. He has the sympathy of the crowd who believe this is divine intervention for a man distraught with grief over the death of his love. Despite the belief that MacNaghten could not be hanged a second time, he fails to use the cover of a sympathetic crowd to make good his escape. Rather he defies the public mood of the people with the never-to-be-forgotten words, “I vow that no one will ever speak of me as Half-Hanged MacNaghten.” He returns himself to the jurisdiction of the hangman and, with a new rope, is dispatched into the arms of eternity.
John McNaghton is buried at Patrick Street graveyard, Strabane, County Tyrone.
seamus dubhghaill 