Letter from George Gavan Duffy to John O'Connell Esq., LLD, 9 August 1916 Letters 1916-1923 George Gavan Duffy

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A letter from George Gavan Duffy (1882-1951) to John O'Connell. This letter concerns the cases of Irish Volunteers Austin Stack (1879-1929) and Cornelius 'Con' Collins (1881–1937). The writer responds to J. O'Connell's letter of 29 July 1916. He disagrees with Counsel's (Mr. Healy) opinion. He believes that the trial of these men by court martial is a flagrant violation of the law – he firmly believes the men are entitled to a civil trial by jury and that the matter should be pursued without delay.George Gavan Duffy 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 was commandant of the Kerry Brigade of the Irish Volunteers in 1916. Con Collins had been on route to meet Roger Casement with Austin Stack at Banna Strand. Arrested soon after, both were held in Richmond Barracks and imprisoned in Frongoch Internment camp.

Military Archives of Ireland Bureau of Military History Contemporary Documents, George Gavan Duffy Collection, BMH CD/45/4/5/2 https://letters1916.ie/item/349 English George Gavan Duffy 1916-08-09 Male Easter Rising Ireland 1916

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 9th August 1916 John O'Connell Esq. L.L.D. Dear O'Connell re Stack and Collins:- I have now had an opportunity of considering the documents contained in your letter of the 29th ult. I do not propose to say anything about the weight of evidence for that is difficulty ground, but I am inclined to think that you have a strong case even here in normal times and that something should be made of it even now. The main point is that of jurisdiction; the Habeas Corpus Acts have not yet been suspended in this country and with the greatest respect to Mr, Healy, who is a valued friend of mine, I am quite at a loss to understand what difficulty there can be in applying for Habeas Corpus in these cases. I do not say that we are sure to win because because that is a tall order in wartime, but on the face of it I cannot conceive a more fr l agrant violation of the law than the trial of these two prisoners by Court Martial. I am sending you under separate cover a print of the Defense of the Realm Act and Regulations in case you have not got them, and you will see that it is perfectly clear from Section 56 that your Clients had a right under sub-section 8 to a written notice that they could claim trial by a civil court with a jury, and there is nothing that I can find in the Regulations passed after the rising to make the application of martial law to Ireland and the suspension of the right to civil trial in any way retrospective. It follows if I am right that the military authorities would have the greatest difficulty in justifying the claim that Stack and Collins were persons subject to military law and so amenable to a court martial. I am of course assuming that no notice of their right to civil trial was given to them. My own opinion is that an English Judge would give us the writ and that the case ought to be taken up without delay. The question is whether the application should be made in England or in Ireland. Stack and Collins are now in an English prison. It is quite clear that the writ of Habeus Corpus at Common Law ran from England to Ireland (Anon.1681 1 Vent 357). I imagine the Habeus Corpus Acts do not over-ride Common Law and that if the writ runs from England to Ireland it would run from Ireland to England. However, to preclude any difficulty on this score the writ could of course be applied for here. It is equally clear that the writ of Habeus Corpus runs in the case of a person wrongfully taken before a court martial. You will remember Wolf e Tone's case and there have been others applicable to the case of persons not subject to martial law. I am inclined to think that we are further helped by the fact that the court martial appears to have acted on its general knowledge rather than upon the evidence, and this is a fact which would weigh with a Judge who saw the facts ward? for the first time. You do not say whether you have (as advised by Mr Healy) applied for copies of the warrants on which Stack and Collins were held and of the convictions recorded against them; these I think we ought to have. And it is also necessary to know where they are and who is the Governor of the prison in whose custody they are detained. I think it would be well worth while (as these seem to me quite the best cases I have come across among the Irish Prisoners for Habeus Corpus) for you to get into touch with Corrigan of Dublin the Solicitor to the National Aid Committee who I am sure will be inclined to take the case up provided they are legally advised that the view I have expressed is correct and has a reasonable chance of being upheld. It is a great pity that there has been delay in the matter but the writ is a writ of right and I do not think the delay should stand in our way; but we should lose no time now. Any relation or friend may apply for the writ. We ought to have the full names , descriptions and address of the applicant. Please state whether the trial was by Field guard Court Martial, or District Court Martial. The former trials have been quite illegal. Yrs G. Gavan Duffy George Gavan Duffy Letter from Fr. E.F. Murnane to George Gavan Duffy, 2 August 1916.Letter from J.T. Burns to George Gavan Duffy, 16 October 1916.Letter from Ernest Blythe to George Gavan Duffy, 18 April 1916Telegram from P.S. O' Hegarty to George Gavan Duffy, 18 April 1916Telegram from George Gavan Duffy to P.S. O' Hegarty, 18 April, 1916Letter from George Gavan Duffy to P.S. O'Hegarty, 20 April 1916Letter from George Gavan Duffy to Eoin MacNeill, 20 April 1916Letter from P.S. O'Hegarty to George Gavan Duffy, 24 April 1916Letter from Ernest Blythe to George Gavan Duffy, 12 May 1916.Letter from George Gavan Duffy to Ernest Blythe, 14 May 1916.Letter from George Gavan Duffy to Miss Helen Blythe, 22 May 1916.Letter from George Gavan Duffy to the Manager, 'Irish Independent', 22 May 1916.Letter from Ernest Blythe, Brixton Prison, to George Gavan Duffy, 29 May 1916.Letter from George Gavan Duffy to Messrs Corrigan & Corrigan, 31 July 1916Letter from George Gavan Duffy to Messrs Corrigan & Corrigan, 4 October 1916Letter from George Gavan Duffy to John O'Connell Esq., LLD, 9 August 1916Letter from Roger Casement to George Gavan Duffy, 30 June 1916Copy of letter from F. O'Donnell to George Gavan Duffy, 4 July 1916Copy of a letter from Serjeant Alex Sullivan to George Gavan Duffy, 4 August 1916Copy of a letter from George Gavan Duffy to Michael F. Doyle, 7 August 1916Letter from John Quinn to George Gavan Duffy, 9 September 1916Letter from Fr F.M. Ryan O.P. to George Gavan Duffy, 12 July 1916Letter from Fr F.M. Ryan O.P. to George Gavan Duffy, 12 July 1916Letter From E. Blackwell to George Gavan Duffy, 2 August 1916Letter from George Gavan Duffy to E. Blackwell, 3 August 1916Letter from E. Blackwell to George Gavan Duffy, 3 August 1916Letter from G. Gavan Duffy to E. Blackwell, 4 August 1916Letter from Father Edward Murnane to George Gavan Duffy, 24 July 1916Letter from George Gavan Duffy to Ernest Blythe, 21 April 1916.Letter from George Gavin Duffy to Joseph Cyrillus Walsh, 6 July 1920 Letter from George Gavan Duffy to Joseph Cyrillus Walsh, 6 July 1920