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- Michael_Comyn abstract "Michael Comyn KC (6 June 1871 – 6 October 1952) was a member of the British Civil Service, barrister, King's Counsel, politician, vice-chairman of the Irish Senate (appointed by de Valera while in opposition in 1928), judge, geologist, discoverer and operator of phosphate mines in Co. Clare, engaged in gold mining interests with Ben Briscoe in Avoca, Co. Wicklow, and finally "litigant in one of the longest cases ever heard in the Irish courts". As a lawyer-turned litigant, he recounted that "it was his last case, and he won it: a far cry from his first case as a young barrister...it was a bad case and I did it badly".Michael Comyn was born at Clareville, Ballyvaughan, County Clare, in 1871, the eldest son and the second of seven children of James Comyn of Kilshanny, a tenant farmer and secretary of the local branch of the Land League. His mother was Ellenora, daughter of Thomas Quin, of Fanta Glebe, Kilfenora, Co. Clare. In 1879, the Comyn family were evicted from their home by Lord Clanricarde's agent and the family moved to Gortnaboul in Kilshanny parish, Co Clare. Michael Comyn attended the local school and was taught by Vere Ryan, father of the republican Frank Ryan. Later he attended Hugh Brady's school in Ruan, Co. Clare. This school had a reputation for tutoring its students successfully for civil service examinations. Michael boarded with his aunt (married to Casey) in Ruan during the week.At the age of 19, Michael Comyn sat for an examination to be an excise officer; 2,500 people entered and 50 were selected. He was assigned to Powers' Distillery, Dublin (John's Lane Distillery (John Power & Sons) - Dublin 1791 - 1974) for a six-week introduction course. He was assigned to Lancaster, where he both worked in excise and attended Preston College. He returned to Dublin to University College Dublin where he studied law. He attended King's Inns while continuing to work during the day. Despite being transferred to Burton Salmon, Yorkshire, in his last year at the King's Inns which meant he was not able attend the required lectures, he persisted. He was one lecture short at the time of the final examination. Eager to proceed he put himself forward for the Victoria Prize, he won the Victoria Prize which enabled to complete his studies. Michael Comyn was called to the Irish bar in 1898 taking the Victoria Prize and joined the Munster Circuit in 1900. He built up a highly successful practice and he took silk in June 1914."A barrister at last, but a civil servant still. With no legal back ground, no solicitor acquaintances and no influential friends, the bar looked a particularly hazardous profession". He decided to join the Munster circuit and presented himself at quarter sessions in his home county Clare.Comyn would have met people like Fenian John O'Leary. Comyn was active in advanced nationalist politics. He would have known Patrick Pearse, Thomas Clarke, Eamon de Valera, Erskine Childers, Michael Collins, Kathleen O'Connell (secretary to Eamon de Valera), Elgin O'Rahilly, Kathleen Clarke (nee Daly) and many others. During the 1916 Easter Rising he was in Kansas City, USA, with Arthur Griffith, Founder of Sinn Fein in 1905. When he returned from the USA he became involved in the defense of Republican prisoners and was introduced to the Military Courts regime. He would argue several cases before the British House of Lords in his time.Re. Clifford and O'Sullivan 1921 is the case that is most significant. The case represented two of the 42 men under sentence of death from a military tribunal for possession of arms. It was a solicitor named James G. Skinner from Mitchelstown, Co. Cork, who approached Michael Comyn and his brother James with the words "Do anything but do something"..."Invent something if necessary". It is written that it was Michael Comyn who decided to apply for Prohibition (an old and seldom used remedy) which would be new to the authorities. Re Clifford and O'Sullivan proceeded forward to the House of Lords.Initially, the application was made to the Chancery Division in Ireland. In 1920, two proclamations were announced, one by Viscount French, the Lord Lieutenant, putting certain areas including Co. Cork under martial law and the second by the British Commander-in-Chief in Ireland (Sir Nevil Mccready) requiring all civilians who did not hold a permit to surrender all arms, ammunition and explosives by December 27 of that year. Failure to comply meant that any unauthorized person found in possession of arms, ammunition or explosives, would become liable to trial by Military Court and on conviction the sentence was death. General Sir E.P. Strickland was appointed by the Commander-in-Chief Macready to be military governor of the martial law area. It was his duty to establish and organize the Military Courts. In April 1921, 42 individuals, including Clifford and O'Sullivan, were arrested near Mitchelstown, Co. Cork. On May 3, 1921, 42 civilians were tried by a military court on a charge of being in possession of arms and ammunition. They were sentenced to death "subject to confirmation".Ten days later, May 10, 1921, Mr. Justice Powell sought a Writ of Prohibition against Sir Nevil Macready and General Strickland to prohibit them "(1) from further proceeding the trial of applicants, (2) from pronouncing or confirming any judgment upon them, (3) from carrying any judgment upon them into execution and (4) from otherwise interfering with them. The Prohibition sought was that the Military Court was in fact illegal and therefore had no jurisdiction to try the applicants or to adjudicate in any matter related to them. Mr. Justice Powell listened to this unusual application in his division but "felt constrained to dismiss it". In the appeal to the Court of Appeal - the Crown's case was that the Preliminary objection that Mr. Justice Powell's order was "made in a criminal cause or matter within s.50 of the Supreme Court of Judicature Act, 1877, therefore no appeal lay. "This contention succeeded with O'Connor, M.R., and Lord Justices Ronan and O'Connel, and the appeal was duly dismissed". June 16, 1921 (just six weeks after the verdict of the Military Court) the case appeared before the House of Lords in London for hearing on the Preliminary objection. Sir John Simon, K.C., led Michael Comyn K.C., James Comyn S.C., their colleague, Joe McCarthy (later appointed a Judge) and Richard O'Sullivan of the English court appeared before the House.The House of Lords heard the argument but then decided to adjourn the preliminary objection hearing until the hearing of the case on its merits. This hearing over five days took place in July. Delay and elaborate review of the law throughout history, taking account of other wars, civil wars and revolutions was a tactic specifically used. A most detailed review of the conditions in which prisoners were held in custody was cited. A red herring by Comyn drew mention to a link to Comyns' Digest of the 18th century and where to place the apostrophe. 28th, July 1921 (only 10 weeks from the original trial by Military Court), Their Lordships, 4 from Scotland and Lord Atkinson from Ireland, gave judgment, which was most unsatisfactory. James Comyn, QC, (nephew of Michael Comyn KC and son of James Comyn SC) writes "On the strongly argued Preliminary objection that no appeal lay from Mr. Justice Powell or to them, they ruled against and against the unanimous judgment of the Court of Appeal....They went on to hold that Prohibition was inappropriate because first, the Military Court was not a judicial tribunal and secondly, the officers constituting it were functi officio. They refrained from saying too much about the merits of the case because the use of habeas corpus 'might be attempted'".James Comyn QC cites the Clifford and O'Sullivan case as a leading authority in the field of constitutional law. The lives of 42 men were at stake. Timing proved essential. Michael Comyn K.C. revealed later that King George V became aware of the details about the 42 men facing the death penalty. He was reported to be shocked and personally "interfered" to ensure that the sentences of death were not carried out. Not one of the 42 men were executed. Shortly after the Treaty, these men received their freedom."In Michael Comyn's view the case had been brought to an end through the intervention of King George V, who, he said, secured a promise from the prime minister that no executions would take place and that Peace would be made". It also notes that no republican prisoner whose case Comyn took up during the "troubles" suffered the death penalty. Other notable cases included his appeal to the House of Lords on behalf of the suffragette Georgina Frost.After the truce in 1921 it is stated that Michael Comyn K.C. met with Arthur Griffith and Austin Stack in London. He is said to have revealed "intelligence" from a highly placed British source that Lloyd George (Prime Minister) "would negotiate on lines that would satisfy Smuts and would go to the country rather than to war if those negotiations failed".During the Irish War of Independence, Michael Comyn K.C. was involved in the defense of Irish Republican prisoners at the High Court and before the Military Courts. He also defended Republican prisoners during the Irish Civil War. He also took part in some significant inquests notably the two that arose with the deaths of Cathal Brugha and Harry Boland with the intention to disrupt them on behalf of the IRA. Erskine Childers: when the Treaty was being negotiated in London was one of the principal secretaries to the Irish mission. The split between the pro- and the anti-treaty factions resulted in the former becoming the government and the latter under (de Valera) engaged in the hostilities.".
- Michael_Comyn birthDate "1871-06-06".
- Michael_Comyn birthPlace Ballyvaughan.
- Michael_Comyn birthPlace County_Clare.
- Michael_Comyn birthYear "1871".
- Michael_Comyn deathDate "1952-10-06".
- Michael_Comyn deathYear "1952".
- Michael_Comyn wikiPageID "36792865".
- Michael_Comyn wikiPageLength "19899".
- Michael_Comyn wikiPageOutDegree "108".
- Michael_Comyn wikiPageRevisionID "613988272".
- Michael_Comyn wikiPageWikiLink (Sir_Nevil_Mccready).
- Michael_Comyn wikiPageWikiLink (later_Attorney-General).
- Michael_Comyn wikiPageWikiLink Appellate_court.
- Michael_Comyn wikiPageWikiLink Arthur_Griffith.
- Michael_Comyn wikiPageWikiLink Austin_Stack.
- Michael_Comyn wikiPageWikiLink Ballyvaughan.
- Michael_Comyn wikiPageWikiLink Beggars_Bush_Barracks.
- Michael_Comyn wikiPageWikiLink Ben_Briscoe.
- Michael_Comyn wikiPageWikiLink Category:1877_births.
- Michael_Comyn wikiPageWikiLink Category:1952_deaths.
- Michael_Comyn wikiPageWikiLink Category:Fianna_Fáil_politicians.
- Michael_Comyn wikiPageWikiLink Category:Irish_barristers.
- Michael_Comyn wikiPageWikiLink Category:Members_of_the_1928_Seanad.
- Michael_Comyn wikiPageWikiLink Category:Members_of_the_1931_Seanad.
- Michael_Comyn wikiPageWikiLink Category:Members_of_the_1934_Seanad.
- Michael_Comyn wikiPageWikiLink Category:Politicians_from_County_Clare.
- Michael_Comyn wikiPageWikiLink Cathal_Brugha.
- Michael_Comyn wikiPageWikiLink Cathaoirleach.
- Michael_Comyn wikiPageWikiLink Ceasefire.
- Michael_Comyn wikiPageWikiLink Clifford_and_OSullivan.
- Michael_Comyn wikiPageWikiLink Commander-in-Chief_Macready.
- Michael_Comyn wikiPageWikiLink Comyns_Digest.
- Michael_Comyn wikiPageWikiLink County_Clare.
- Michael_Comyn wikiPageWikiLink Court_of_Appeal.
- Michael_Comyn wikiPageWikiLink David_Lloyd_George.
- Michael_Comyn wikiPageWikiLink De_Valera.
- Michael_Comyn wikiPageWikiLink Eamon_de_Valera.
- Michael_Comyn wikiPageWikiLink Earl_of_Ypres.
- Michael_Comyn wikiPageWikiLink Elgin_ORahilly.
- Michael_Comyn wikiPageWikiLink Fine_Gael.
- Michael_Comyn wikiPageWikiLink Frank_Ryan_(Irish_republican).
- Michael_Comyn wikiPageWikiLink Free_State_Government.
- Michael_Comyn wikiPageWikiLink Functi_officio.
- Michael_Comyn wikiPageWikiLink General_Sir_E.P._Strickland.
- Michael_Comyn wikiPageWikiLink General_Strickland.
- Michael_Comyn wikiPageWikiLink George_V.
- Michael_Comyn wikiPageWikiLink Georgina_Frost.
- Michael_Comyn wikiPageWikiLink Habeas_corpus.
- Michael_Comyn wikiPageWikiLink Harry_Boland.
- Michael_Comyn wikiPageWikiLink House_of_Lords.
- Michael_Comyn wikiPageWikiLink Independent_(politician).
- Michael_Comyn wikiPageWikiLink Independent_politician.
- Michael_Comyn wikiPageWikiLink Irish_Civil_War.
- Michael_Comyn wikiPageWikiLink Irish_Free_State.
- Michael_Comyn wikiPageWikiLink Irish_War_of_Independence.
- Michael_Comyn wikiPageWikiLink James_Comyn,_QC.
- Michael_Comyn wikiPageWikiLink James_Comyn_S.C.
- Michael_Comyn wikiPageWikiLink James_G._Skinner.
- Michael_Comyn wikiPageWikiLink Jan_Smuts.
- Michael_Comyn wikiPageWikiLink Joe_McCarthy_(later_appointed_a_Judge).
- Michael_Comyn wikiPageWikiLink John_Atkinson,_Baron_Atkinson.
- Michael_Comyn wikiPageWikiLink John_OLeary_(Fenian).
- Michael_Comyn wikiPageWikiLink Joseph_Connolly_(Irish_politician).
- Michael_Comyn wikiPageWikiLink Judges_of_the_Court_of_Appea.
- Michael_Comyn wikiPageWikiLink Kathleen_Clarke_(nee_Daly).
- Michael_Comyn wikiPageWikiLink Kathleen_OConnell_(secretary_to_Eamon_de_Valera).
- Michael_Comyn wikiPageWikiLink King_George_V.
- Michael_Comyn wikiPageWikiLink Kings_Inns.
- Michael_Comyn wikiPageWikiLink Labour_Party_(Ireland).
- Michael_Comyn wikiPageWikiLink Laurence_ONeill.
- Michael_Comyn wikiPageWikiLink Leas-Chathaoirleach.
- Michael_Comyn wikiPageWikiLink Lloyd_George.
- Michael_Comyn wikiPageWikiLink Lord_Atkinson.
- Michael_Comyn wikiPageWikiLink Lord_Justices_Ronan_and_OConnel.
- Michael_Comyn wikiPageWikiLink Master_of_the_Rolls.
- Michael_Comyn wikiPageWikiLink Michael_Collins_(Irish_leader).
- Michael_Comyn wikiPageWikiLink Michael_F._OHanlon.
- Michael_Comyn wikiPageWikiLink Michael_OHanlon_(politician).
- Michael_Comyn wikiPageWikiLink Military_Courts.
- Michael_Comyn wikiPageWikiLink Military_governor_of_the_martial_law_area.
- Michael_Comyn wikiPageWikiLink Military_justice.
- Michael_Comyn wikiPageWikiLink Mr._Justice_Powell.
- Michael_Comyn wikiPageWikiLink Mrs._Childers.
- Michael_Comyn wikiPageWikiLink Munster_Circuit.
- Michael_Comyn wikiPageWikiLink Nevil_Macready.
- Michael_Comyn wikiPageWikiLink OConnor,_M.R..
- Michael_Comyn wikiPageWikiLink Paddy_Lynch.
- Michael_Comyn wikiPageWikiLink Patrick_Pearse.
- Michael_Comyn wikiPageWikiLink Portobello_Barracks.
- Michael_Comyn wikiPageWikiLink Principal_secretaries_to_the_Irish_mission.
- Michael_Comyn wikiPageWikiLink Prohibition.
- Michael_Comyn wikiPageWikiLink Re._Clifford_and_OSullivan_1921.
- Michael_Comyn wikiPageWikiLink Republican_prisoners.
- Michael_Comyn wikiPageWikiLink Richard_OSullivan.
- Michael_Comyn wikiPageWikiLink Robert_Barton.
- Michael_Comyn wikiPageWikiLink Robert_Erskine_Childers.
- Michael_Comyn wikiPageWikiLink Seanad_Éireann_(Irish_Free_State).
- Michael_Comyn wikiPageWikiLink Sinn_Fein_in_1905.
- Michael_Comyn wikiPageWikiLink Sir_Edward_Bellingham,_5th_Baronet.