In the turbulent years of Ireland’s fight for independence, one legal case stood out not only for its daring ingenuity but also for its profound impact on constitutional law: the Clifford and O’Sullivan case of 1921. At the heart of this historic moment was Michael Comyn KC, an Irish barrister whose innovative legal strategy saved 42 men from execution and challenged the legitimacy of British military tribunals during a time of martial law. This citizen journalism piece dives into the story of Comyn’s bold defense, drawing on historical accounts to highlight a case that resonates with themes of justice, resistance, and the power of legal creativity.

The Context: Ireland Under Martial Law

In 1920, Ireland was a battleground. The War of Independence pitted Irish republicans against British forces, and the British administration responded with harsh measures. Two proclamations set the stage for the Clifford and O’Sullivan case: one by Viscount French, the Lord Lieutenant, declaring martial law in areas like County Cork, and another by British Commander-in-Chief Sir Nevil Macready, ordering civilians to surrender all arms, ammunition, and explosives by December 27, 1920. Failure to comply meant trial by military court, with a death sentence upon conviction.

In April 1921, 42 men, including Clifford and O’Sullivan, were arrested near Mitchelstown, County Cork, for possessing arms. Tried by a military tribunal under General Sir E.P. Strickland, the military governor, they faced execution. The situation was dire, and the military courts operated with little regard for traditional legal protections, making appeals nearly impossible.

Michael Comyn’s Ingenious Defense

Enter Michael Comyn, a nationalist barrister with a reputation for defending republican prisoners. Comyn, born in 1871 in County Clare, was no stranger to adversity. His family had been evicted from their home in 1879, and his early life was shaped by the Land League’s resistance to landlord oppression. By 1921, Comyn was a seasoned lawyer, having argued cases before the House of Lords and advised figures like Éamon de Valera.

The Clifford and O’Sullivan case came to Comyn through James G. Skinner, a solicitor from Mitchelstown, who pleaded, “Do anything but do something… Invent something if necessary.” Comyn rose to the challenge, proposing an obscure legal remedy: a writ of prohibition. This rarely used tactic argued that the military court itself was illegal and lacked jurisdiction to try the 42 men. It was a bold move, designed to catch the authorities off guard and force the case into higher courts.

Comyn’s team, including his nephew James Comyn, Joe McCarthy, and Richard O’Sullivan, first applied to the Chancery Division in Ireland on May 10, 1921, seeking to prohibit General Macready and Strickland from proceeding with the trial, pronouncing judgment, or executing any sentences. Mr. Justice Powell, however, dismissed the application, citing constraints under the law. An appeal to the Court of Appeal was also rejected, with the Crown arguing that Powell’s order was made in a “criminal cause or matter” under the Supreme Court of Judicature Act of 1877, meaning no appeal was permissible.

Undeterred, Comyn took the case to the House of Lords. On June 16, 1921, just six weeks after the military court’s verdict, the case was heard, led by Sir John Simon KC alongside Comyn’s team. The House of Lords’ ruling on July 28, 1921, was a mixed bag. The Lords—four from Scotland and Lord Atkinson from Ireland—overruled the Court of Appeal’s decision that no appeal was possible. However, they deemed prohibition inappropriate, arguing that the military court was not a judicial tribunal and its officers were “functi officio” (no longer in office for the purpose of the case). They avoided delving deeply into the case’s merits, noting that habeas corpus might be attempted next.

The Outcome: A Royal Intervention

While the legal battle did not secure a definitive victory in court, its impact was profound. According to Michael Comyn, the case caught the attention of King George V, who was reportedly shocked by the prospect of executing 42 men. Comyn later claimed that the King intervened, securing a promise from the British Prime Minister that no executions would take place and that peace negotiations would proceed. As a result, none of the 42 men were executed, and they were freed shortly after the Anglo-Irish Treaty of December 1921.

James Comyn, Michael’s nephew and a distinguished barrister himself, later cited the Clifford and O’Sullivan case as a leading authority in constitutional law, underscoring its significance in challenging the overreach of military tribunals. Remarkably, no republican prisoner defended by Michael Comyn during the “Troubles” faced the death penalty, a testament to his skill and commitment.

Why This Matters Today

The Clifford and O’Sullivan case is more than a historical footnote; it’s a reminder of the power of legal ingenuity in the face of oppression. Michael Comyn’s use of an obscure remedy to challenge a seemingly unassailable military regime highlights how individuals can resist systemic injustice. For citizen journalists, this story resonates as an example of amplifying marginalized voices—here, the 42 men facing death—and holding power to account.

In an era when local journalism is declining and “ghost newspapers” struggle to cover communities, citizen journalism fills a critical gap. Just as Comyn used unconventional means to shine a light on injustice, today’s citizen journalists can leverage digital platforms to uncover stories that might otherwise be ignored. The case also raises questions about the balance between state authority and individual rights, a debate that remains relevant in discussions of surveillance, free speech, and judicial independence.

A Legacy of Justice

Michael Comyn’s legacy extends beyond the courtroom. A Fianna Fáil Senator and later a Circuit Court judge, he was also a geologist, mine operator, and litigant in one of Ireland’s longest court cases, which he won. His work in the Clifford and O’Sullivan case exemplifies how one person’s courage and creativity can change the course of history.

As we reflect on this case through a citizen journalism lens, we’re reminded that stories of resistance and justice don’t always come from professional newsrooms. Sometimes, they emerge from the determination of individuals like Comyn, who dared to “invent something” when all seemed lost. For those of us documenting the world today, his example challenges us to dig deeper, question authority, and give voice to those fighting against the odds.

Sources:

• Wikipedia, “Michael Comyn”
• Canis Gallicus, “Michael Comyn: Unusual Source Wikiwand”
• Knight First Amendment Institute, “Post-Newspaper Democracy and the Rise of Communicative Citizenship”

Note: This article is written in the spirit of citizen journalism, aiming to inform and inspire while critically examining historical narratives. Readers are encouraged to explore primary sources and form their own conclusions.

‘Those who forget history are condemned to repeat it’ George Santayana category international | history and heritage | opinion/analysis author Saturday September 02, 2006 21:48author by Michelle Clarke – Social Justice and Ethics Report this post to the editors Republican Sinn Fein (Saoirse) articles on Indymedia promts to examine the site further. It is is interesting reading but serious challenges lies ahead of the November deadline date. Letter to Republican Sinn Fein. – September 2nd 06Title: Confused HistoryI have been reading with curiosity and some interest articles written on Indymedia for many months. I would pass myself off as pretty serious democratic historian, with a serious background in science. I am not blowing my flag, I am trying to figure out what colour yours’ is. In my opinion, Sinn Fein have come a long way into mainstream politics. They have not joined any Policing Board, at present but the reality is – The Guns and the Bombs are silent. 100% of the population of Ireland bar a couple of hundred I have been reading about on Indymedia are stuck in some sort of a disillusioned time warp.Can you not see Ireland of today in comparison to the Ireland of the 1930, 40, 50, 60 era. It is proud to be Irish. The economy is booming. People are working and many more are coming home. We also have our non nationals coming in, and they are very welcome. This is what you call a democracy. It is as good as it gets and the point is that Adams and co. know this. Just as Collins did in 1922. Irish history weeps in its own blood of ignorance and betrayal from within. Envy and power hungry for a dangerous concept. Haughey proved that.Getting back to point – could somebody clarify your agenda? Have you got policies to enhance our economy? Have you a policy on Global Trade in relation to Ireland? Have you a policy of foreign investment in relation to Ireland? Now do we need another conflict because all these policies go out the window. Please clarify this for me.Have you read Tom Barry? But more importantly have you studied the man in the latter years of his life. Yes, I feel an anger in my heart about the treatment of the prisoners of Maghaberry but with no offence, these are not POW’s. The War is over and the young people of Ireland are not interested, good bad or indifferent. The people of the North are tired. They want a better life for their children. Sinn Fein and the Irish Government and Patten have made enormous inroads into the equality of both sides of the divide in the North of Ireland. Yes, I would love to see a United Ireland. I have people who fought in the War of Independence so I am not some bar stool idiot shouting off his mouth during a Wolfe Tone conference.I want to tell you a story of Irish history before I go. My partner of 3 years, Michelle Clarke, grandaughter of Judge Michael Comyn 1872-1954. Before becoming a Judge, in his early years, he was KC. The case in question I am going to talk about is the Clifford and O’Sullivan Case in 1921. Michael Comyn then defended 40 IRA prisoners who were being sentenced to death. He, as the genius he was, prolonged the case to 1922 and saved their lives, just before the Treaty. It is amazing I never read much about this man. You see he kept his KC because he knew it would be essential for his points of law during that long and tedious case. This case went to the House of Lords and King George V intervened. Would you judge that man for keeping his KC in those turbulent times? This man was a true Irishman, a Clare man. DeValera appointed him in opposition in 1928 to the Senate and he was appointed a Judge of the District Court in 1936. It is amazing he is written out of Irish history. Unusual for a man of his time, he had interests in mining and was involved in gold mines in Wicklow and phosphate mines in Clare. Mr. Lemass, in Govt. seized his mines and he in his 80’s sued the State and won a very sustantial reward.I wrote to Mr. Adams about this and never received a reply.I hope I am not boring you but I wrote many articles on the Corrib and the Corporate Greed in relation to it. I have never read any of your articles on this issue (Corporatism).RegardsJack RussellQuotation ‘Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has’ (I fear the kind of change it would bring – Margaret Mead 1901 – 1978)Add Your Comments >>printable version with comments atom feed of commentsrss feed of comments RSS and atom feeds allow you to keep track of new comments on particular stories. You can input the URL’s from these links into a rss reader and you will be informed whenever somebody posts a new comment. Digg this del.icio.us Furl Reddit Technorati Facebook Gab Twitter Most Recent Comments First View Comments Titles Only save preference Comments (7 of 7) Jump To Comment: 1 2 3 4 5 6 7 History Begins with China author by Flynn – agrescon@agrescon.nlpublication date Tue Sep 05, 2006 10:48author email agrescon at agrescon dot nlauthor address author phone 0031102102055Report this post to the editors Just a comment on the above article, well said by a man whose obviously well Read, the Country needs more sagacious people engaged in the Corrib Gas inquiry like him, if we had such educated people we would,nt be in all kinds of Law now, Corporate, Civil, Constitutional,Maritime,European, Criminal, and even International, make no mistake they,re on their way. Flynn O Flynn.Flynn O’Flynn. I agree with your comment. author by Michelle Clarke – Social Justicepublication date Sun Sep 10, 2006 21:36author address author phone Report this post to the editors Law like medicine has diversified into a multitude of strands and our courts and hospitals, with the prestigious limited in supply numbers of progfessionals, are a true indication of the Supply Demand Theory and financial benefits and costs.China…India. Yes, Flynn…..Things are changing and going to change further. We need to think, ponder, study our own history, visit the like of Marsh’s Library and regain interest in broad array of knowledge.A wise old Judge born 1870 used to say ‘Knowledge is no load’.MichelleJudge Michael Comyn author by Paddy Cliffordpublication date Sun Jul 20, 2008 05:48author email pmclifford at paradise dot net dot nzauthor address author phone Report this post to the editors My thanks to the grandfather of Michelle Clarke, Judge Michael Comyn. His magnificent efforts representing my uncle, Paddy Clifford, ensured his reprieve from a death sentence by the Military Court of 1921. My father told me that Paddy had to dig his own grave the day before his execution was due. His reprieve ensured that he was able to marry and have three sons. They in turn had many children.My heartfelt appreciation to Michael Comyn RIP.Paddy Clifford New Zealand

Citizen Journalism Article: Revisiting Michael Comyn KC and the Clifford and O’Sullivan Case – A Legacy of Justice in Ireland’s Turbulent History

Category: International | History and Heritage | Opinion/Analysis
Author: Inspired by Jack Russell and Michelle Clarke
Date: April 30, 2025

“Those who forget history are condemned to repeat it” – George Santayana

In 2006, a thought-provoking post on Indymedia Ireland by Jack Russell, partner of Michelle Clarke, granddaughter of Judge Michael Comyn KC, sparked a conversation about Ireland’s past and present. Titled “Confused History,” Russell’s letter to Republican Sinn Féin challenged their agenda while recounting a pivotal yet underrecognized moment in Irish legal history: the Clifford and O’Sullivan case of 1921. This citizen journalism piece revisits that case, drawing on Russell’s narrative, subsequent comments, and historical records to explore Michael Comyn’s extraordinary defense of 42 IRA prisoners, including Paddy Clifford, and its enduring relevance. As Santayana’s quote reminds us, understanding our history is vital to shaping a just future.

The Clifford and O’Sullivan Case: A Legal Lifeline

In April 1921, during the height of Ireland’s War of Independence, 42 men, including Paddy Clifford and O’Sullivan, were arrested near Mitchelstown, County Cork, for possessing arms. Tried by a British military tribunal under martial law, they faced execution. The tribunal, led by General Sir E.P. Strickland, operated with scant regard for due process, leaving little hope for appeals. Enter Michael Comyn KC, a Clare-born barrister whose legal acumen and nationalist convictions would turn the tide.

Comyn, born in 1871, was no ordinary lawyer. A veteran of high-stakes cases, he had argued before the House of Lords and advised Éamon de Valera. Tasked by solicitor James G. Skinner to “do something,” Comyn devised a daring strategy: a writ of prohibition. This obscure legal maneuver challenged the military court’s jurisdiction, arguing it was unlawful. With his team, including his nephew James Comyn, Joe McCarthy, and Richard O’Sullivan, he applied to the Chancery Division in Ireland on May 10, 1921, seeking to halt the trial, judgment, or executions.

The Irish courts rebuffed Comyn’s efforts. Mr. Justice Powell dismissed the application, and the Court of Appeal upheld the decision, citing the Supreme Court of Judicature Act of 1877, which barred appeals in “criminal causes.” Undaunted, Comyn escalated the case to the House of Lords. On July 28, 1921, the Lords ruled that the Court of Appeal’s decision was appealable but deemed prohibition inappropriate, as the military court was not a judicial body. While not a complete victory, the case’s publicity had a profound effect.

As Jack Russell recounted, Comyn claimed the case reached King George V, who, appalled by the prospect of 42 executions, intervened. The King reportedly secured a promise from the British Prime Minister to halt the executions and pursue peace talks. None of the 42 men, including Paddy Clifford, were executed, and they were freed after the Anglo-Irish Treaty of December 1921. Paddy Clifford’s nephew, Paddy Clifford from New Zealand, later expressed gratitude in a 2008 Indymedia comment, noting that his uncle was forced to dig his own grave before his reprieve. Clifford’s survival allowed him to marry and raise a family, a direct legacy of Comyn’s efforts.

Michael Comyn: A Forgotten Hero

Michael Comyn’s role in the Clifford and O’Sullivan case is a testament to his brilliance and resilience. A nationalist who retained his King’s Counsel title for strategic legal leverage, Comyn navigated turbulent times with pragmatism and principle. As Russell noted, Comyn’s decision to keep his KC status was not a betrayal but a calculated move to wield legal influence during the case’s marathon journey to the House of Lords. His success in saving 42 lives underscores his status as a “true Irishman,” as Russell described him.

Beyond the courtroom, Comyn’s life was remarkable. A Fianna Fáil Senator, Circuit Court judge, geologist, and mine operator, he was involved in gold and phosphate mining in Wicklow and Clare. In his 80s, he sued the Irish State for seizing his mines and won a substantial settlement, showcasing his tenacity. Appointed to the Senate by de Valera in 1928 and made a judge in 1936, Comyn’s contributions spanned law, politics, and industry. Yet, as Russell lamented, this Clare man is “written out of Irish history,” a curious omission for someone of his stature.

Lessons for Today: History, Justice, and Citizen Journalism

Jack Russell’s 2006 letter framed the Clifford and O’Sullivan case within a broader critique of Republican Sinn Féin’s agenda, urging them to focus on modern Ireland’s economic and social progress rather than revisiting old conflicts. He highlighted the booming economy, returning emigrants, and welcoming of non-nationals, arguing that Sinn Féin’s mainstream evolution under Gerry Adams mirrored Michael Collins’ pragmatic acceptance of the 1921 Treaty. Russell’s call for policies on global trade, foreign investment, and economic growth challenged the group to engage with contemporary realities.

The letter also reflects the power of citizen journalism. Posted on Indymedia, a platform for grassroots voices, Russell’s piece sparked dialogue, as seen in comments from Flynn O’Flynn, who praised its sagacity, and Michelle Clarke, who emphasized the value of historical knowledge. Paddy Clifford’s 2008 comment added a personal dimension, illustrating how Comyn’s actions rippled through generations. These exchanges embody Margaret Mead’s quote, cited by Russell: “Never doubt that a small group of thoughtful committed citizens can change the world.” Citizen journalism, like Comyn’s legal strategy, amplifies overlooked stories and fosters accountability.

The Clifford and O’Sullivan case resonates today as a reminder of the fragility of justice under authoritarian regimes. Comyn’s use of an obscure writ to challenge a military tribunal parallels modern efforts to protect rights against overreaching state power. In an era of global debates over surveillance, judicial independence, and political prisoners, the case underscores the importance of legal creativity and public scrutiny.

A Call to Remember

Santayana’s warning about forgetting history rings true. Michael Comyn’s legacy, though underrecognized, offers lessons in courage, ingenuity, and the pursuit of justice. As citizen journalists, we have a duty to unearth such stories, ensuring that figures like Comyn and cases like Clifford and O’Sullivan are not lost to time. By doing so, we honor the past and equip ourselves to address present and future challenges.

Michelle Clarke’s connection to Comyn adds a personal stake to this narrative, and Jack Russell’s unanswered letter to Gerry Adams highlights the need for dialogue across ideological divides. As we navigate a world of rapid change, let us heed Comyn’s example: act boldly, think creatively, and never underestimate the impact of a single voice.

Sources:

• Indymedia Ireland, “Confused History” by Jack Russell, September 2, 2006
• Comments by Flynn O’Flynn, Michelle Clarke, and Paddy Clifford on Indymedia
• Wikipedia, “Michael Comyn”
• Canis Gallicus, “Michael Comyn: Unusual Source Wikiwand”
• Historical accounts of the Clifford and O’Sullivan case

Note: This article draws inspiration from Jack Russell’s original post and aims to amplify the historical significance of Michael Comyn’s work through a citizen journalism lens. Readers are encouraged to explore primary sources and contribute to the ongoing conversation about Ireland’s history.Ask Grok to search deeper

Remove named Jack Russell

Citizen Journalism Article: Revisiting Michael Comyn KC and the Clifford and O’Sullivan Case – A Legacy of Justice in Ireland’s Turbulent History

Category: International | History and Heritage | Opinion/Analysis
Author: Inspired by Michelle Clarke
Date: April 30, 2025

“Those who forget history are condemned to repeat it” – George Santayana

In 2006, a thought-provoking post on Indymedia Ireland by Michelle Clarke, granddaughter of Judge Michael Comyn KC, sparked a conversation about Ireland’s past and present. Titled “Confused History,” the letter to Republican Sinn Féin challenged their agenda while recounting a pivotal yet underrecognized moment in Irish legal history: the Clifford and O’Sullivan case of 1921. This citizen journalism piece revisits that case, drawing on the original narrative, subsequent comments, and historical records to explore Michael Comyn’s extraordinary defense of 42 IRA prisoners, including Paddy Clifford, and its enduring relevance. As Santayana’s quote reminds us, understanding our history is vital to shaping a just future.

The Clifford and O’Sullivan Case: A Legal Lifeline

In April 1921, during the height of Ireland’s War of Independence, 42 men, including Paddy Clifford and O’Sullivan, were arrested near Mitchelstown, County Cork, for possessing arms. Tried by a British military tribunal under martial law, they faced execution. The tribunal, led by General Sir E.P. Strickland, operated with scant regard for due process, leaving little hope for appeals. Enter Michael Comyn KC, a Clare-born barrister whose legal acumen and nationalist convictions would turn the tide.

Comyn, born in 1871, was no ordinary lawyer. A veteran of high-stakes cases, he had argued before the House of Lords and advised Éamon de Valera. Tasked by solicitor James G. Skinner to “do something,” Comyn devised a daring strategy: a writ of prohibition. This obscure legal maneuver challenged the military court’s jurisdiction, arguing it was unlawful. With his team, including his nephew James Comyn, Joe McCarthy, and Richard O’Sullivan, he applied to the Chancery Division in Ireland on May 10, 1921, seeking to halt the trial, judgment, or executions.

The Irish courts rebuffed Comyn’s efforts. Mr. Justice Powell dismissed the application, and the Court of Appeal upheld the decision, citing the Supreme Court of Judicature Act of 1877, which barred appeals in “criminal causes.” Undaunted, Comyn escalated the case to the House of Lords. On July 28, 1921, the Lords ruled that the Court of Appeal’s decision was appealable but deemed prohibition inappropriate, as the military court was not a judicial body. While not a complete victory, the case’s publicity had a profound effect.

As the narrative recounts, Comyn claimed the case reached King George V, who, appalled by the prospect of 42 executions, intervened. The King reportedly secured a promise from the British Prime Minister to halt the executions and pursue peace talks. None of the 42 men, including Paddy Clifford, were executed, and they were freed after the Anglo-Irish Treaty of December 1921. Paddy Clifford’s nephew, Paddy Clifford from New Zealand, later expressed gratitude in a 2008 Indymedia comment, noting that his uncle was forced to dig his own grave before his reprieve. Clifford’s survival allowed him to marry and raise a family, a direct legacy of Comyn’s efforts.

Michael Comyn: A Forgotten Hero

Michael Comyn’s role in the Clifford and O’Sullivan case is a testament to his brilliance and resilience. A nationalist who retained his King’s Counsel title for strategic legal leverage, Comyn navigated turbulent times with pragmatism and principle. His decision to keep his KC status was not a betrayal but a calculated move to wield legal influence during the case’s marathon journey to the House of Lords. His success in saving 42 lives underscores his status as a “true Irishman.”

Beyond the courtroom, Comyn’s life was remarkable. A Fianna Fáil Senator, Circuit Court judge, geologist, and mine operator, he was involved in gold and phosphate mining in Wicklow and Clare. In his 80s, he sued the Irish State for seizing his mines and won a substantial settlement, showcasing his tenacity. Appointed to the Senate by de Valera in 1928 and made a judge in 1936, Comyn’s contributions spanned law, politics, and industry. Yet, as the 2006 letter lamented, this Clare man is “written out of Irish history,” a curious omission for someone of his stature.

Lessons for Today: History, Justice, and Citizen Journalism

The 2006 letter framed the Clifford and O’Sullivan case within a broader critique of Republican Sinn Féin’s agenda, urging them to focus on modern Ireland’s economic and social progress rather than revisiting old conflicts. It highlighted the booming economy, returning emigrants, and welcoming of non-nationals, arguing that Sinn Féin’s mainstream evolution under Gerry Adams mirrored Michael Collins’ pragmatic acceptance of the 1921 Treaty. The call for policies on global trade, foreign investment, and economic growth challenged the group to engage with contemporary realities.

The letter also reflects the power of citizen journalism. Posted on Indymedia, a platform for grassroots voices, the piece sparked dialogue, as seen in comments from Flynn O’Flynn, who praised its sagacity, and Michelle Clarke, who emphasized the value of historical knowledge. Paddy Clifford’s 2008 comment added a personal dimension, illustrating how Comyn’s actions rippled through generations. These exchanges embody Margaret Mead’s quote: “Never doubt that a small group of thoughtful committed citizens can change the world.” Citizen journalism, like Comyn’s legal strategy, amplifies overlooked stories and fosters accountability.

The Clifford and O’Sullivan case resonates today as a reminder of the fragility of justice under authoritarian regimes. Comyn’s use of an obscure writ to challenge a military tribunal parallels modern efforts to protect rights against overreaching state power. In an era of global debates over surveillance, judicial independence, and political prisoners, the case underscores the importance of legal creativity and public scrutiny.

A Call to Remember

Santayana’s warning about forgetting history rings true. Michael Comyn’s legacy, though underrecognized, offers lessons in courage, ingenuity, and the pursuit of justice. As citizen journalists, we have a duty to unearth such stories, ensuring that figures like Comyn and cases like Clifford and O’Sullivan are not lost to time. By doing so, we honor the past and equip ourselves to address present and future challenges.

Michelle Clarke’s connection to Comyn adds a personal stake to this narrative, and the unanswered letter to Gerry Adams highlights the need for dialogue across ideological divides. As we navigate a world of rapid change, let us heed Comyn’s example: act boldly, think creatively, and never underestimate the impact of a single voice.

Sources:

• Indymedia Ireland, “Confused History,” September 2, 2006
• Comments by Flynn O’Flynn, Michelle Clarke, and Paddy Clifford on Indymedia
• Wikipedia, “Michael Comyn”
• Canis Gallicus, “Michael Comyn: Unusual Source Wikiwand”
• Historical accounts of the Clifford and O’Sullivan case

Note: This article draws inspiration from the original Indymedia post and aims to amplify the historical significance of Michael Comyn’s work through a citizen journalism lens. Readers are encouraged to explore primary sources and contribute to the ongoing conversation about Ireland’s history.

Paddy Clifford via Indymedia wrote directly Michelle Clarke, granddaughter of Michael Comyn KC

Citizen Journalism Article: Michael Comyn KC and the Clifford and O’Sullivan Case – A Legacy of Justice Echoed in Personal Gratitude

Category: International | History and Heritage | Opinion/Analysis
Author: Inspired by Michelle Clarke
Date: April 30, 2025

“Those who forget history are condemned to repeat it” – George Santayana

In 2006, a compelling post on Indymedia Ireland by Michelle Clarke, granddaughter of Judge Michael Comyn KC, titled “Confused History,” reignited discussion about a pivotal moment in Ireland’s War of Independence: the Clifford and O’Sullivan case of 1921. The letter, addressed to Republican Sinn Féin, challenged their agenda while spotlighting Michael Comyn’s extraordinary defense of 42 IRA prisoners. Two years later, Paddy Clifford, a nephew of one of the saved prisoners, directly thanked Michelle Clarke via Indymedia, underscoring the personal impact of Comyn’s legal triumph. This citizen journalism piece revisits the case, weaving together Clarke’s narrative, Paddy Clifford’s heartfelt comment, and historical records to celebrate a legacy of justice and its enduring resonance.

The Clifford and O’Sullivan Case: A Legal Triumph

In April 1921, amidst Ireland’s War of Independence, 42 men, including Paddy Clifford and O’Sullivan, were arrested near Mitchelstown, County Cork, for possessing arms. Tried by a British military tribunal under martial law, led by General Sir E.P. Strickland, they faced execution with little hope of appeal. The tribunals operated with minimal regard for due process, making the situation dire. Michael Comyn KC, a Clare-born barrister, stepped in with a bold strategy that would alter their fate.

Born in 1871, Comyn was a seasoned lawyer who had argued before the House of Lords and advised Éamon de Valera. Tasked by solicitor James G. Skinner to “do something,” Comyn proposed a writ of prohibition, an obscure legal tactic challenging the military court’s jurisdiction as unlawful. Leading a team that included his nephew James Comyn, Joe McCarthy, and Richard O’Sullivan, he applied to the Chancery Division in Ireland on May 10, 1921, to halt the trial, judgment, or executions.

The Irish courts rejected Comyn’s efforts. Mr. Justice Powell dismissed the application, and the Court of Appeal upheld the ruling, citing the Supreme Court of Judicature Act of 1877, which barred appeals in “criminal causes.” Comyn persisted, taking the case to the House of Lords. On July 28, 1921, the Lords ruled that the Court of Appeal’s decision was appealable but deemed prohibition inappropriate, as the military court was not a judicial body. Though not a full legal victory, the case’s publicity proved transformative.

According to historical accounts, the case reached King George V, who was appalled by the prospect of 42 executions. He reportedly secured a promise from the British Prime Minister to halt the executions and advance peace talks. As a result, none of the 42 men, including Paddy Clifford, were executed, and they were freed after the Anglo-Irish Treaty of December 1921.

A Personal Connection: Paddy Clifford’s Gratitude

The human impact of Comyn’s work came to light in 2008 when Paddy Clifford, nephew of the saved prisoner Paddy Clifford, posted a comment on Indymedia directly addressing Michelle Clarke. Writing from New Zealand, he expressed profound gratitude: “My thanks to the grandfather of Michelle Clarke, Judge Michael Comyn. His magnificent efforts representing my uncle, Paddy Clifford, ensured his reprieve from a death sentence by the Military Court of 1921. My father told me that Paddy had to dig his own grave the day before his execution was due. His reprieve ensured that he was able to marry and have three sons. They in turn had many children. My heartfelt appreciation to Michael Comyn RIP.”

This moving testimony underscores the ripple effect of Comyn’s legal ingenuity. Paddy Clifford’s uncle not only survived but built a family, leaving a legacy that reached across generations and continents. The comment, posted seven years after Clarke’s letter, illustrates the power of citizen journalism platforms like Indymedia to connect personal stories with historical narratives.

Michael Comyn: A Forgotten Hero

Michael Comyn’s role in the Clifford and O’Sullivan case highlights his brilliance and resilience. A nationalist who retained his King’s Counsel title for strategic legal leverage, Comyn navigated the turbulent era with pragmatism and principle. As Clarke’s 2006 letter noted, his decision to keep his KC status was a calculated move to wield influence during the case’s journey to the House of Lords. His success in saving 42 lives cemented his status as a “true Irishman.”

Comyn’s life was multifaceted. A Fianna Fáil Senator, Circuit Court judge, geologist, and mine operator, he was involved in gold and phosphate mining in Wicklow and Clare. In his 80s, he sued the Irish State for seizing his mines and won a substantial settlement, showcasing his tenacity. Appointed to the Senate by de Valera in 1928 and made a judge in 1936, Comyn’s contributions spanned law, politics, and industry. Yet, as Clarke lamented, he is “written out of Irish history,” an oversight for a man of his impact.

Lessons for Today: History, Justice, and Citizen Journalism

Clarke’s 2006 letter framed the Clifford and O’Sullivan case within a critique of Republican Sinn Féin, urging them to embrace modern Ireland’s economic and social progress—marked by a booming economy, returning emigrants, and welcoming non-nationals—rather than revisiting old conflicts. It drew parallels between Sinn Féin’s mainstream evolution under Gerry Adams and Michael Collins’ pragmatic acceptance of the 1921 Treaty, calling for policies on global trade, foreign investment, and economic growth.

The letter exemplifies citizen journalism’s power to spark dialogue. Posted on Indymedia, it prompted responses like Flynn O’Flynn’s praise for its sagacity and Paddy Clifford’s personal gratitude. These exchanges reflect Margaret Mead’s quote, cited in the original post: “Never doubt that a small group of thoughtful committed citizens can change the world.” Platforms like Indymedia amplify overlooked stories, fostering accountability and connection.

The Clifford and O’Sullivan case remains relevant, highlighting the fragility of justice under authoritarian regimes. Comyn’s use of a writ of prohibition parallels modern efforts to protect rights against state overreach, resonating in debates over surveillance, judicial independence, and political prisoners. Paddy Clifford’s comment reminds us that history is not abstract—it shapes lives and families.

A Call to Remember

Santayana’s warning about forgetting history urges us to honor figures like Michael Comyn. His legacy, though underrecognized, offers lessons in courage, ingenuity, and justice. Citizen journalists have a duty to unearth such stories, ensuring that cases like Clifford and O’Sullivan endure. Michelle Clarke’s personal connection to Comyn and Paddy Clifford’s gratitude highlight the human stakes of this history.

As we navigate a complex world, Comyn’s example—act boldly, think creatively, and persevere—remains a beacon. The unanswered letter to Gerry Adams underscores the need for dialogue across divides. Let us remember Comyn’s impact, amplified by voices like Clarke’s and Clifford’s, and continue to tell the stories that shape our future.

Sources:

• Indymedia Ireland, “Confused History,” September 2, 2006
• Comment by Paddy Clifford, July 20, 2008, on Indymedia
• Comments by Flynn O’Flynn and Michelle Clarke on Indymedia
• Wikipedia, “Michael Comyn”
• Canis Gallicus, “Michael Comyn: Unusual Source Wikiwand”
• Historical accounts of the Clifford and O’Sullivan case

Note: This article draws inspiration from Michelle Clarke’s Indymedia post and Paddy Clifford’s comment, aiming to amplify Michael Comyn’s legacy through a citizen journalism lens. Readers are encouraged to explore primary sources and contribute to the conversation about Ireland’s history.

can we include response from Paddy Clifford “My thanks to the grandfather of Michelle Clarke, Judge Michael Comyn. His magnificent efforts representing my uncle, Paddy Clifford, ensured his reprieve from a death sentence by the Military Court of 1921. My father told me that Paddy had to dig his own grave the day before his execution was due. His reprieve ensured that he was able to marry and have three sons. They in turn had many children.”My heartfelt appreciation to Michael Comyn RIP.Paddy Clifford New Zealand

Citizen Journalism Article: Michael Comyn KC and the Clifford and O’Sullivan Case – A Legacy of Justice Echoed in Personal Gratitude

Category: International | History and Heritage | Opinion/Analysis
Author: Inspired by Michelle Clarke
Date: April 30, 2025

“Those who forget history are condemned to repeat it” – George Santayana

In 2006, a compelling post on Indymedia Ireland by Michelle Clarke, granddaughter of Judge Michael Comyn KC, titled “Confused History,” reignited discussion about a pivotal moment in Ireland’s War of Independence: the Clifford and O’Sullivan case of 1921. Addressed to Republican Sinn Féin, the letter challenged their agenda while spotlighting Michael Comyn’s extraordinary defense of 42 IRA prisoners. In 2008, Paddy Clifford, nephew of one of the saved prisoners, directly thanked Michelle Clarke via Indymedia, his heartfelt words underscoring the personal impact of Comyn’s legal triumph. This citizen journalism piece revisits the case, weaving together Clarke’s narrative, Paddy Clifford’s moving gratitude, and historical records to celebrate a legacy of justice and its enduring resonance.

The Clifford and O’Sullivan Case: A Legal Triumph

In April 1921, amidst Ireland’s War of Independence, 42 men, including Paddy Clifford and O’Sullivan, were arrested near Mitchelstown, County Cork, for possessing arms. Tried by a British military tribunal under martial law, led by General Sir E.P. Strickland, they faced execution with little hope of appeal. The tribunals operated with minimal regard for due process, making the situation dire. Michael Comyn KC, a Clare-born barrister, stepped in with a bold strategy that would alter their fate.

Born in 1871, Comyn was a seasoned lawyer who had argued before the House of Lords and advised Éamon de Valera. Tasked by solicitor James G. Skinner to “do something,” Comyn proposed a writ of prohibition, an obscure legal tactic challenging the military court’s jurisdiction as unlawful. Leading a team that included his nephew James Comyn, Joe McCarthy, and Richard O’Sullivan, he applied to the Chancery Division in Ireland on May 10, 1921, to halt the trial, judgment, or executions.

The Irish courts rejected Comyn’s efforts. Mr. Justice Powell dismissed the application, and the Court of Appeal upheld the ruling, citing the Supreme Court of Judicature Act of 1877, which barred appeals in “criminal causes.” Comyn persisted, taking the case to the House of Lords. On July 28, 1921, the Lords ruled that the Court of Appeal’s decision was appealable but deemed prohibition inappropriate, as the military court was not a judicial body. Though not a full legal victory, the case’s publicity proved transformative.

According to historical accounts, the case reached King George V, who was appalled by the prospect of 42 executions. He reportedly secured a promise from the British Prime Minister to halt the executions and advance peace talks. As a result, none of the 42 men, including Paddy Clifford, were executed, and they were freed after the Anglo-Irish Treaty of December 1921.

A Personal Connection: Paddy Clifford’s Gratitude

The profound human impact of Comyn’s work was vividly captured in 2008 when Paddy Clifford, nephew of the saved prisoner Paddy Clifford, posted a comment on Indymedia directly addressing Michelle Clarke. Writing from New Zealand, he shared:

“My thanks to the grandfather of Michelle Clarke, Judge Michael Comyn. His magnificent efforts representing my uncle, Paddy Clifford, ensured his reprieve from a death sentence by the Military Court of 1921. My father told me that Paddy had to dig his own grave the day before his execution was due. His reprieve ensured that he was able to marry and have three sons. They in turn had many children. My heartfelt appreciation to Michael Comyn RIP.”
– Paddy Clifford, New Zealand

This poignant testimony highlights the ripple effect of Comyn’s legal ingenuity. Paddy Clifford’s uncle not only survived a harrowing ordeal but built a family, leaving a legacy that spanned generations and continents. The comment, posted two years after Clarke’s letter, illustrates the power of citizen journalism platforms like Indymedia to connect personal stories with historical narratives, giving voice to gratitude and memory.

Michael Comyn: A Forgotten Hero

Michael Comyn’s role in the Clifford and O’Sullivan case highlights his brilliance and resilience. A nationalist who retained his King’s Counsel title for strategic legal leverage, Comyn navigated the turbulent era with pragmatism and principle. As Clarke’s 2006 letter noted, his decision to keep his KC status was a calculated move to wield influence during the case’s journey to the House of Lords. His success in saving 42 lives cemented his status as a “true Irishman.”

Comyn’s life was multifaceted. A Fianna Fáil Senator, Circuit Court judge, geologist, and mine operator, he was involved in gold and phosphate mining in Wicklow and Clare. In his 80s, he sued the Irish State for seizing his mines and won a substantial settlement, showcasing his tenacity. Appointed to the Senate by de Valera in 1928 and made a judge in 1936, Comyn’s contributions spanned law, politics, and industry. Yet, as Clarke lamented, he is “written out of Irish history,” an oversight for a man of his impact.

Lessons for Today: History, Justice, and Citizen Journalism

Clarke’s 2006 letter framed the Clifford and O’Sullivan case within a critique of Republican Sinn Féin, urging them to embrace modern Ireland’s economic and social progress—marked by a booming economy, returning emigrants, and welcoming non-nationals—rather than revisiting old conflicts. It drew parallels between Sinn Féin’s mainstream evolution under Gerry Adams and Michael Collins’ pragmatic acceptance of the 1921 Treaty, calling for policies on global trade, foreign investment, and economic growth.

The letter exemplifies citizen journalism’s power to spark dialogue. Posted on Indymedia, it prompted responses like Flynn O’Flynn’s praise for its sagacity and Paddy Clifford’s personal gratitude. These exchanges reflect Margaret Mead’s quote, cited in the original post: “Never doubt that a small group of thoughtful committed citizens can change the world.” Platforms like Indymedia amplify overlooked stories, fostering accountability and connection.

The Clifford and O’Sullivan case remains relevant, highlighting the fragility of justice under authoritarian regimes. Comyn’s use of a writ of prohibition parallels modern efforts to protect rights against state overreach, resonating in debates over surveillance, judicial independence, and political prisoners. Paddy Clifford’s comment reminds us that history is not abstract—it shapes lives and families.

A Call to Remember

Santayana’s warning about forgetting history urges us to honor figures like Michael Comyn. His legacy, though underrecognized, offers lessons in courage, ingenuity, and justice. Citizen journalists have a duty to unearth such stories, ensuring that cases like Clifford and O’Sullivan endure. Michelle Clarke’s personal connection to Comyn and Paddy Clifford’s gratitude highlight the human stakes of this history.

As we navigate a complex world, Comyn’s example—act boldly, think creatively, and persevere—remains a beacon. The unanswered letter to Gerry Adams underscores the need for dialogue across divides. Let us remember Comyn’s impact, amplified by voices like Clarke’s and Clifford’s, and continue to tell the stories that shape our future.

Sources:

• Indymedia Ireland, “Confused History,” September 2, 2006
• Comment by Paddy Clifford, July 20, 2008, on Indymedia
• Comments by Flynn O’Flynn and Michelle Clarke on Indymedia
• Wikipedia, “Michael Comyn”
• Canis Gallicus, “Michael Comyn: Unusual Source Wikiwand”
• Historical accounts of the Clifford and O’Sullivan case

Note: This article draws inspiration from Michelle Clarke’s Indymedia post and Paddy Clifford’s comment, aiming to amplify Michael Comyn’s legacy through a citizen journalism lens. Readers are encouraged to explore primary sources and contribute to the conversation about Ireland’s history.

explore writ of prohibition

other Irish legal figures

DeepSearch

Think

Edit Image