THE TRIALS AND EXECUTIONS A legal travesty?

Dr Niamh Howlin examines the evidence in Roger Casement’s London trial — the only full court hearing afforded one of the rebels

FTER Roger Casement’s that the case concerned a point of law of capture on Banna Strand exceptional public importance. he was brought to London. Even at this late stage in proceedings, During his interrogation Casement and his supporters still had hope: on Easter Monday, news of there was the possibility that a reprieve A the Rising filtered through, might be granted by the Cabinet. Usually, and by the end of the week, English public the more influential individuals and groups opinion of Casement had plummeted. He that supported a petition for clemency, was presumed to have been the instigator of the more likely it was to be granted. There the Rising, although in reality he had come was significant international pressure to Ireland to try to prevent it. While their brought to bear, and George Bernard Shaw, first instinct had been to try him before Arthur Conan Doyle, Douglas Hyde, John a court-martial, the British government Dillon, Eva Gore-Booth, Cardinal Logue, ultimately opted for the public spectacle of Alice Stopford Green and William Butler a full civil trial. Casement, however, would Yeats were among those who supported have preferred a court-martial like the other Casement’s appeal for clemency. rebels. Above: Gavan Many others refused, however, either Solicitor Gavan Duffy offered to arrange Duffy, with because of their abhorrence at Casement’s the defence. A number of leading barristers, Professor betrayal, or because of the rumours of his fearing contamination by association, Morgan, at Bow homosexuality. These were fuelled by the refused to represent Casement. Eventually, Street, London, circulation of parts of the Black Diaries. Duffy’s brother-in-law, Alexander Martin for the defence Ernley Blackwell, the Home Office’s legal Sullivan agreed to take the case. Well- of Roger advisor, was largely responsible for the established as a lawyer in Ireland, he Casement. leak, and also prepared a memorandum viewed this as his opportunity to make a for the Cabinet referring to the diaries and name for himself in English legal circles. Above right: emphasising that Casement’s sentence With him was Artemus Jones, Professor For the should be carried out. The stigma of JF Morgan, an expert in constitutional prosecution, homosexuality had a devastating effect on law, and American lawyer Michael Francis Archibald public support for Casement. No reprieve Doyle. They were pitted against the Bodkin and was granted, and Casement was hanged on attorney-general for England and Wales, Travers August 3. Frederick Smith (a strong opponent of Irish Humphreys. Was the Casement trial a travesty of nationalism); Archibald Bodkin (later the justice? There was a certain inevitability Director of Public Prosecutions) and Travers Right: Roger about the verdict. It was extremely unlikely Humphreys. Casement is that any English jury would have failed to The four-day trial at bar took place in escorted to find him guilty. In fact, during his speech the King’s Bench, before not one but three the gallows from the dock, Casement lamented the fact senior judges, as well as a jury of high- of Pentonville that he had not been tried before an Irish ranking individuals. A trial at bar was quite Prison, London jury: “With all respect I assert this court is the public spectacle, often used in serious after being to me, an Irishman, not a jury of my peers... cases such as high treason. Many Irish found guilty of I have a right, an indefeasible right... to be nationalists had been tried in this manner high treason. tried in Ireland, before an Irish court and by in the past, including Daniel O’Connell and an Irish jury.” Charles Stewart Parnell. Inset, top left: Casement would have had a very strong Casement was charged with high treason, a drawing of chance of acquittal by an Irish jury; defined under a 1351 statute as “levying war Casement in however, had he been tried in Ireland it is against the King or being adherent to the the dock. unlikely that the authorities would have King’s enemies in his realm, giving them been prepared to risk this. He would either aid and comfort in the realm or elsewhere.” GETTY IMAGES have been court-martialled like the other Sullivan’s defence was that Casement had rebels, or tried in a juryless civil court not “adhered to the King’s enemies” in the following the suspension of jury trials realm; all of his treasonable acts had taken during Easter week. place before he had set foot on British soil. One striking omission from the trial In other words, he did not deny the treason, was any mention of Casement’s real reason but argued that as it had taken place outside for landing in Ireland. The prosecution the jurisdiction, the 1351 Act did not apply. sidestepped this issue because it would This was a fairly novel argument, and not have weakened (or at least complicated) one with which Casement was particularly their case; Casement avoided mentioning it comfortable. Helped by George Bernard be a conviction followed by a reprieve. in less than an hour they returned with the because he did not wish to appear disloyal Shaw, he had intended to use his defence After the prosecution case consisting unsurprising verdict of ‘Guilty’. to the rebels, especially in the aftermath as an opportunity to make a very public of testimony from Limburg POWs and Having been convicted, Casement could of the executions. In any event, it probably declaration of Ireland’s cause. His friends, witnesses from Banna Strand, Sullivan then make a speech from the dock. This was would not have helped his defence, because however, did not think he ought to testify set out his argument. His motion to quash his opportunity to explain and justify the his treasonable acts were said to have been at trial at all, and were of the view that he the indictment was, predictably, refused. Rising, and he read out an eloquent speech, committed while he was in Germany. would be unable to stand up to a gruelling He had staked everything on this line of contextualising the events of the previous There were other dubious aspects to the cross-examination by the prosecution. defence, and could not now change course three years. When he concluded, the judges trial, such as Smith’s oblique references to Such a cross-examination was also likely and call witnesses. donned the traditional black caps and ‘a diary’ before the jury, and Casement’s to bring squarely into the public domain Casement was allowed to make a brief passed the sentence of death. unhappiness with Sullivan’s defence. the personal diaries (known as the Black unsworn statement, then both sides He was sent to Pentonville Prison until Although there were certainly defects in Diaries) which had been discovered among addressed the jury in turn. In his speech, his appeal began on July 17, 1916 in the Casement’s trial, the fact that he received his possessions. If, however, he went along Sullivan began to shift his defence towards Court of Criminal Appeal. The five senior a full jury trial at least afforded him the with Sullivan’s more technical argument, he that which had been suggested by Casement judges heard more than a day’s worth of opportunity to make his speech from the would not have to testify under oath at all. and Shaw, drawing parallels between the argument from Sullivan, but it was not dock; something denied to those who Sullivan did not, realistically, expect actions of Casement and those of the Ulster considered necessary for the Attorney were summarily convicted in the that his defence would actually succeed. It Volunteers. However, he was rebuked by General to address the court at all. The immediate aftermath of the Rising. was a highly academic argument and there the bench and could not continue with this judges rejected the appeal. Leave to appeal were legal precedents against it. Casement’s line of argument. Chief Justice Reading to the House of Lords was refused, because Dr Niamh Howlin is a lecturer at best hope, in the view of many, would charged the jury before they retired, and the Attorney General would not certify the UCD Sutherland School of Law

Thursday 18 February 2016 I Irish Independent Irish Independent 1916 Collection | 13