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            <title type="main">Letter from George Gavan Duffy to Messrs Corrigan &amp; Corrigan, 4 October 1916</title>
            <title type="sub">Letters 1916-1923</title>
            <author>George Gavan Duffy</author>
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            <date>2026</date>
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               <p>George Gavan Duffy (1882-1951) was an Irish politician, barrister and judge. He unsuccessfully defended Roger Casement at his trial for high treason after the Easter Rising. His legal practice represented many of those detained in the aftermath of the Rising. Austin Stack (1879-1929) was commandant of the Kerry Brigade of the Irish Volunteers in 1916. He was arrested in the aftermath of the Easter Rising and interned in the Prison Camp at Frongoch, Wales. Michael Collins (1890 – 1922) was a member of the Irish Republican Brotherhood and he took part in preparing arms and drilling troops for the Easter Rising. He fought in the GPO alongside Pearse and Connolly and was arrested after the surrender. He escaped execution and instead, along with up to 1,800 others, was interned in the Prison Camp at Frongoch, Wales. General Sir John Maxwell (1859 - 1929) was primarily responsible for government policy in the immediate aftermath of the Rising. Maxwell was in sole charge of trials and sentences by 'field general court martial', which was trial without defence or jury and in camera. He had 3,400 people arrested, 183 civilians tried, 90 of whom were sentenced to death. Fifteen were shot between 3 and 12 May. Frongoch Internment Camp in Wales was a makeshift prison used for the internment of approximately 1,800 Irishmen in the wake of the Easter Rising, 1916. It was to become known as the 'University of Revolution' because of the revolutionary nature of the inmates. This letter is about the cases of Stack and Collins (believed to be Michael Collins). In the writer's opinion (supported by other correspondence) the holding of 'in-camera' courts martial had no legal basis. The matter was the subject of debate in the House of Commons. He believes the case against these men is very weak and wouldn't stand up in open court. The writer goes on to suggest some avenues worth exploration by Counsel. Gavan Duffy encloses two documents: an order signed by General Maxwell, and Counsel's opinion in the cases of Stack &amp;amp; Collins.</p>
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                4th October 1916.   Messrs Corrigan &amp; Corrigan. <lb/> Dear Sirs-;   <hi rend="underline">Re: Irish Prisoners:</hi>  I <hi rend="underline">enclose</hi> the documents set out at the end of this letter. <lb/><hi rend="underline">Please return to me</hi> in due course the bundle from Dr. O'Connell <lb/> relating to the case of Counsel <hi rend="underline">re</hi> Stack and Collins of which I <lb/> have kept no copy.  1. Correspondence sent herewith includes a letter of 16th May <lb/> last to Mr Healy showing conclusively that there was no Statutory <lb/> authority for the trial <hi rend="underline">in camera</hi> of the prisoners who were so tried <lb/> in Ireland, that is the great majority of those tried after the Rising. <lb/> Mr Ginnell and others put questions in the House repeatedly on this <lb/> point and obtained evasive and contradictory answers the general <lb/> effect of which was that there was some unspecified authority in the <lb/> Defence of the Realm Regulations recognising <hi rend="underline">in camera</hi> proceedings <lb/>before a court-martial, but ultimately Mr Ginnell elicited from <lb/>Mr Asquith that the military authorities have to justify themselves <lb/>by the plea that the <hi rend="underline">public interest</hi> was sufficient warranty for <lb/>excluding the public. The dicta of the Lords of Appeal in <hi rend="underline">Hollinshead</hi><lb/><hi rend="underline">v. Hazleton</hi> decided by the House of Lords last December would, I think <lb/> be helpful to show the great difficulty of setting up public interest <lb/> as an excuse for violating public right. You will see that if <lb/> proceedings <hi rend="underline">in camera</hi> cannot be justified the great majority of the <lb/> prisoners who have been tried are entitled to <hi rend="underline">habeas corpus.</hi>  2. You will also find a copy of Dr. O'Connell's letter to me <lb/> of 29th July and my reply of 9th August last relating to Stack and <lb/> Collins who seem to me to have a very strong claim. The committal  
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              warrant in the case of Collins is identical with that in the case <lb/> of Stack (copy <hi rend="underline">herewith</hi>). You will see that they are both convicted <lb/> of conspiracy and the evidence against them is anything but strong. <lb/> I think a victory in the Courts in their case would have a very <lb/> good moral effect. You will notice that the correspondence here <lb/> deals with the question of the right of <hi rend="underline">habeas corpus</hi> running from <lb/> England to Ireland and <hi rend="underline">vice versa.</hi>  3. A very important question indeed which is worth of <lb/> Counsels best consideration is the point as to the authority, if <lb/>any, by which a person convicted in Ireland is sent to an English <lb/>prison. My view is that there is a great deal to be said against <lb/>such a transfer and that the military authorities would have the <lb/> utmost difficulty in supporting their action. Probably there would <lb/> be less difficulty in supporting the transfer of people who are <lb/> merely interned, but Counsel might also consider this.  4. It would be well to supply Counsel not only with one <lb/>of the notices of an order of internment as supplied to each <lb/> interned person, but also with a copy of an actual order of <lb/> internment, I mean a copy of the order itself, not the notice. <lb/> I think it will be found that the order in every case specifies <lb/> Frongoch as <seg type="del">a</seg> the  place of internment and a client of mine at Reading <lb/> Gaol has raised the question whether it would be worth while <lb/>applying for <hi rend="underline">habeas corpus</hi> on this ground, since Reading is not <lb/> Frongoch. I think we might score a technical success by such an <lb/> application, but I am not sure if it is worth while as a new order <lb/> could easily be made by the competent authority.  5. It will be important that Counsel should have the <lb/> very recentest edition of the Defence of the Realm Regulations <lb/> Consolidated from Ponsonby's <seg type="del">which refers</seg> w.refce  to one of the questions <lb/> which you are submitting to Counsel ,  it  may be worth mentioning <lb/> that Regulation 14b of the Defence of the Realm Regulations <lb/> was amended by an order dated 8th June 1916 (reported in <hi rend="underline">Solicitors'</hi><lb/><hi rend="underline">Journal</hi> 17th June 1916 and probably included in the latest print  
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              of the Consolidated Regulations) as follows:- 'Any person interned <lb/> under such order shall be subject to the like restrictions and may <lb/> be dealt with in like manner as a prisoner of war, except so far as <lb/> the Secretary of State may relax such restrictions'. You will notice <lb/> that this amendment has been made since the Rising.  The documents herewith comprise <lb/> 1) copy correspondance <lb/> 2) copy Stack's committal warrant <lb/> 3) Case to Counsel re Stack &amp; accompany<lb/> ing papers and Counsel's opinion.<lb/> Mr. HG.<lb/>G. Gavan Duffy.  <seg type="unclear">M.s. secretary to you of 3<hi rend="superscript">w</hi> July <lb/> last (Nov 2) as w <hi rend="underline">April</hi></seg> association <lb/>G.G.D   
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              WHEREAS AUSTIN STACK ( q 224 ).  was by a General Court martial held at Richmond Barracks, Dublin <lb/> convicted of the offence <lb/><hi rend="underline">DOING AN ACT PROHIBITED BY THE REGULATIONS UNDER THE DEFENCE</hi><lb/><hi rend="underline">OF THE REALM ACT</hi> in that he <lb/> in or about the month of April 1916, did conspire and agree with <lb/> certain other disloyal and disaffected persons to bring about <lb/> rebellion in Ireland and to spread disaffection among the civil-<lb/> ian population of that country such act being of such a nature <lb/> as to be calculated to be prejudicial to the public safety and <lb/> defence of the Realm and being committed with the intention and <lb/> for the purpose of assisting the enemy, <lb/> and by a sentence signed on the 17th. day of June, 1916, sentenced <lb/> to -   Suffer Penal Servitude for Life commencing on the aforesaid <lb/> day, and such sentence has been confirmed by me as required by <lb/> law:  Now, therefore,I the undersigned the General Officer Commanding <lb/> -in- Chief of the Forces in Ireland do hereby in pursuance of the <lb/><seg type="del">K</seg> Defence of the Realm Acts and the Regulations thereunder,and <lb/> of the several proclamations of his Majesty, King George V.,and <lb/> of the power conferred on me thereunder and of all other Acts, <lb/> Proclamations and Powers enabling me in this behalf, order that <lb/> the said convict shall be, as soon as practicable, transferred to <lb/> a prison in which a prisoner sentenced to a Penal Servitude by <lb/> a Civil Court in the United Kingdom can be, for the time <seg type="del">o</seg>being <lb/> confirmed either permanently or temporarily there to undergo his <lb/> sentence according to law. AND I do hereby in pursuance of the <lb/> above mentioned Acts and Powers order the Governor or Chief <lb/> Officer of any such prison to whom the convict is brought to <lb/> receive him into his custody and detain him accordingly, and <lb/> for so doing this shall be sufficient warrant.  <seg type="closer"> Signed this 21st. day of June, 1916.  ( Sd. ) J.G. Maxwell, <lb/>General <lb/>Commanding-in-Chief of the forces in Ireland. </seg> 
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              I think the 'Frongoch' argument is technically <lb/> sound but as it is only technical it does not really <lb/> carry very far because the mistake can easily be corrected  The 'Alien' argument is based on a misapprehension <lb/> The Aliens advisory committee is expressly authorised <lb/> under r. 14 B. to deal with all persons interned under <lb/> that regulation but it is not necessary that such persons <lb/> should be aliens themselves.  The only court to which application can be made <lb/> seems to me to be the High Court of Justice, and the only <lb/> application one for Habeas Corpus.   The argument based on section 2 of the Defence <lb/> of the Realm Amendment Act perplexes the advisory committee <lb/> presumably because that Committee did not know that a <lb/> Defendant in an Irish Police Court cannot give evidence <lb/> on his own behalf as that is the law of Ireland in criminal <lb/> cases; there is an exception to that law, I believe, under <lb/> the Army Act which allows a soldier Courtmartialled in <lb/> Ireland to give evidence on his own behalf in the same <lb/> way as in England when the Defence of the Realm Amendment <lb/> Act was passed, the question arose whether a civilian who <lb/> might thereafter be tried by Court Martial in Ireland  
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              <lb/>was to be tried according to the procedure governing Irish <lb/> Police Courts or according to the procedure governing <lb/> Courts Martial, and the legislature evident by Section 2 <lb/> of the amending Act intended to make it clear that the <lb/> ordinary civil procedure in the matter of evidence by a <lb/> Defendant was to apply to a civilian who might be Court <lb/> martialled in Ireland under the new Act or regulations.  Moreover as internees under r. 14 B. are not charged <lb/> with any <hi rend="underline">'offence'</hi>, Section 2 certainly does not imply <lb/> that they have a right to call evidence before the <lb/> Advisory Committee or elsewhere; in proceedings by Habeas <lb/> Corpus the evidence is given by affidavit and the affidavit <lb/> may be made by the applicant or a friend or a relative.  
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            <noteGrp><note target="item__0347.xml" type="mentions">Letter from George Gavan Duffy to Messrs Corrigan &amp; Corrigan, 31 July 1916</note><note target="item__0348.xml" type="mentions">Letter from George Gavan Duffy to Messrs Corrigan &amp; Corrigan, 4 October 1916</note></noteGrp></place>
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               <persName>George Gavan Duffy</persName>
            <noteGrp><note target="item__0048.xml" type="mentions">Letter from Fr. E.F. Murnane to George Gavan Duffy, 2 August 1916.</note><note target="item__0049.xml" type="mentions">Letter from J.T. Burns to George Gavan Duffy, 16 October 1916.</note><note target="item__0064.xml" type="mentions">Letter from Ernest Blythe to George Gavan Duffy, 18 April 1916</note><note target="item__0065.xml" type="mentions">Telegram from P.S. O' Hegarty to George Gavan Duffy, 18 April 1916</note><note target="item__0066.xml" type="mentions">Telegram from George Gavan Duffy to P.S. O' Hegarty, 18 April, 1916</note><note target="item__0067.xml" type="mentions">Letter from George Gavan Duffy to P.S. O'Hegarty, 20 April 1916</note><note target="item__0068.xml" type="mentions">Letter from George Gavan Duffy to Eoin MacNeill, 20 April 1916</note><note target="item__0070.xml" type="mentions">Letter from P.S. O'Hegarty to George Gavan Duffy, 24 April 1916</note><note target="item__0073.xml" type="mentions">Letter from Ernest Blythe to George Gavan Duffy, 12 May 1916.</note><note target="item__0074.xml" type="mentions">Letter from George Gavan Duffy to Ernest Blythe, 14 May 1916.</note><note target="item__0075.xml" type="mentions">Letter from George Gavan Duffy to Miss Helen Blythe, 22 May 1916.</note><note target="item__0076.xml" type="mentions">Letter from George Gavan Duffy to the Manager, 'Irish Independent', 22 May 1916.</note><note target="item__0077.xml" type="mentions">Letter from Ernest Blythe, Brixton Prison, to George Gavan Duffy, 29 May 1916.</note><note target="item__0347.xml" type="mentions">Letter from George Gavan Duffy to Messrs Corrigan &amp; Corrigan, 31 July 1916</note><note target="item__0348.xml" type="mentions">Letter from George Gavan Duffy to Messrs Corrigan &amp; Corrigan, 4 October 1916</note><note target="item__0349.xml" type="mentions">Letter from George Gavan Duffy to John O'Connell Esq., LLD, 9 August 1916</note><note target="item__0381.xml" type="mentions">Letter from Roger Casement to George Gavan Duffy, 30 June 1916</note><note target="item__0430.xml" type="mentions">Copy of letter from F. O'Donnell to George Gavan Duffy, 4 July 1916</note><note target="item__0667.xml" type="mentions">Copy of a letter from Serjeant Alex Sullivan to George Gavan Duffy, 4 August 1916</note><note target="item__0688.xml" type="mentions">Copy of a letter from George Gavan Duffy to Michael F. Doyle, 7 August 1916</note><note target="item__0698.xml" type="mentions">Letter from John Quinn to George Gavan Duffy, 9 September 1916</note><note target="item__1297.xml" type="mentions">Letter from Fr F.M. Ryan O.P. to George Gavan Duffy, 12 July 1916</note><note target="item__1298.xml" type="mentions">Letter from Fr F.M. Ryan O.P. to George Gavan Duffy, 12 July 1916</note><note target="item__1299.xml" type="mentions">Letter From E. Blackwell to George Gavan Duffy, 2 August 1916</note><note target="item__1303.xml" type="mentions">Letter from George Gavan Duffy to E. Blackwell, 3 August 1916</note><note target="item__1305.xml" type="mentions">Letter from E. Blackwell to George Gavan Duffy, 3 August 1916</note><note target="item__1306.xml" type="mentions">Letter from G. Gavan Duffy to E. Blackwell, 4 August 1916</note><note target="item__2677.xml" type="mentions">Letter from Father Edward Murnane to George Gavan Duffy, 24 July 1916</note><note target="item__5921.xml" type="mentions">Letter from George Gavan Duffy to Ernest Blythe, 21 April 1916.</note><note target="item__6641.xml" type="mentions">Letter from George Gavin Duffy to Joseph Cyrillus Walsh, 6 July 1920 </note><note target="item__6661.xml" type="mentions">Letter from George Gavan Duffy to Joseph Cyrillus Walsh, 6 July 1920</note></noteGrp></person>
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