Retreat from Revolution: The Dail Courts 1920-24 by Mary Kotsonouris 1994. Brian Farrell quote “The story of the courts established by the First Dail is both simple in its concept and extraordinary in its execution and effects.” Preface discovery of a treasure trove of documents with the records of the Dail Courts Winding-Up Commision in the Public Record Office of the Four Courts. Can we explore 2 books written by Mary Kotsonouris about the Dail Courts, the Winding-up Commission. Michael Comyn KC was involved in the Dail Courts?

Thought for 55s

Mary Kotsonouris, a retired Irish District Court judge and legal historian, authored two key books on the Dáil Courts and their aftermath, drawing from primary sources like archived records to provide in-depth accounts of this pivotal period in Irish legal and revolutionary history.

Retreat from Revolution: The Dáil Courts, 1920–24

This book, originally published in 1994 (with a centenary edition released in 2020 by Irish Academic Press), offers the first comprehensive history of the republican court system established by decree of the First Dáil in June 1920. It chronicles how, amid the Irish War of Independence, communities across Ireland rejected British judicial authority and spontaneously created alternative tribunals to handle disputes, maintain order, and administer justice. These courts evolved from local arbitration panels—often overseen by Sinn Féin volunteers and elected justices—into a structured network mirroring the British system but aligned with republican ideals. They operated in nearly every parish, dealing with civil matters like land disputes, theft, and public order, while displacing the collapsing Crown courts (some courthouses were even burned down). Kotsonouris draws on firsthand accounts from litigants, officials, and judges to illustrate the courts’ grassroots origins, their role in fostering emerging democratic structures, and the challenges they faced during raids, arrests, and the Truce period. The narrative emphasizes the participants’ ingenuity and self-confidence in building a parallel legal regime under duress, ultimately highlighting the courts’ significance as a symbol of revolutionary governance and a bridge to the post-independence state.

The preface (as referenced in your query) discusses Kotsonouris’s discovery of a “treasure trove” of documents from the Dáil Courts Winding-Up Commission, preserved in the Public Record Office at the Four Courts, which formed the basis for her research and brought to light previously overlooked records of cases, decrees, and administrative details. Brian Farrell, a noted historian, provided the foreword, describing the Dáil Courts’ story as “simple in its concept and extraordinary in its execution and effects,” underscoring their innovative yet practical impact on Irish society.

The Winding Up of the Dáil Courts, 1922–1925: An Obvious Duty. Published in 2004 by Four Courts Press in association with the Irish Legal History Society, this follow-up work focuses on the post-Civil War transition, specifically the judicial commission established by the Irish Free State government in 1923 to resolve the roughly 5,000 unresolved civil cases left pending when the Dáil Courts were shuttered at the outbreak of the Civil War in 1922. Kotsonouris details the commission’s origins amid the Treaty debates and state formation, its extraordinary powers to revive Dáil Court jurisdiction, and its operations from a registry at Dublin Castle, with commissioners conducting circuits nationwide. The book explores the commission’s two-year tenure before its functions transferred to the High Court (where remnants of its jurisdiction persist today), with all records now housed in the National Archives.

It also delves into the behind-the-scenes power struggles among key figures in the departments of justice and finance, including Minister Kevin O’Higgins, Chief Justice Hugh Kennedy, and others like O’Friel, Meredith, and Mathieson. This narrative highlights the commission’s critical role in stabilizing the nascent Free State by ensuring continuity of justice, preventing legal chaos, and bridging revolutionary ideals with the new constitutional order—portraying it as an “obvious duty” to honor pre-existing decrees while adapting to post-revolutionary realities.

Together, these books paint a vivid picture of the Dáil Courts as a revolutionary experiment in self-governance, their abrupt end, and the pragmatic efforts to wind them up, offering insights into Ireland’s turbulent path from rebellion to statehood.

Regarding Michael Comyn KC (1871–1952), yes, he was actively involved in the Dáil Courts. As a prominent Irish barrister and republican sympathizer, Comyn practiced before these courts during the War of Independence, appearing as counsel in cases despite a 1920 Bar Council resolution prohibiting members from participating in the republican system—effectively defying professional restrictions to support the alternative judiciary. canisgallicus.com +1 His broader republican activities included defending prisoners in military courts post-1916 Rising, advising Sinn Féin leaders, and later serving as a key legal adviser to Éamon de Valera and Fianna Fáil. He also handled high-profile appeals related to republican causes, such as arms importation cases and defenses during the Civil War, before becoming a senator (1928–1936) and Circuit Court judge (1936–1952). en.wikipedia.org +2

Éamon de Valera’s legal role

What arms important cases and other defenses involved Michael Comyn KC

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Important Cases and Defenses Involving Michael Comyn KCMichael Comyn KC (1871–1952) was a prominent Irish barrister, republican sympathizer, and later Fianna Fáil senator and Circuit Court judge. His legal career was marked by high-profile defenses of Irish republicans during the War of Independence (1919–1921) and Civil War (1922–1923), often involving arms possession charges amid British martial law and Free State military tribunals. He also served as a key legal advisor to Éamon de Valera and the anti-Treaty IRA, drafting proclamations and advising on governance. Comyn’s work emphasized technical challenges to jurisdiction and sovereignty, saving lives in several cases. Below is a summary of his major involvements, focusing on arms-related cases (possession and potential importation) and other defenses, drawn from historical accounts. Arms-Related Cases: These often stemmed from republican military activities, where possession or importation of arms was criminalized under British proclamations or Free State emergency laws.

• Re. Clifford and O’Sullivan (1921): A landmark constitutional case during the War of Independence involving 42 republican prisoners (including Clifford and O’Sullivan) sentenced to death by a British Military Court in Cork for possession of arms and ammunition, violating a 1920 martial law proclamation requiring surrender of weapons. canisgallicus.com +2
  • Context: The men were arrested near Mitchelstown, Co. Cork. Comyn, instructed by solicitor James G. Skinner, challenged the Military Court’s legality.
  • Defense Strategy: Applied for a rare Writ of Prohibition to halt proceedings, arguing lack of jurisdiction. After dismissals in lower courts, appealed to the House of Lords (led by Sir John Simon KC, with Comyn and others), citing historical precedents like Comyns’ Digest.
  • Outcome: House of Lords ruled against the writ but refrained from merits. Pressure from the case, combined with King George V’s intervention, led to no executions; all were released post-Truce. Cited as a leading authority in constitutional law, it highlighted republican legal resistance.
• Erskine Childers Trial (1922): Defended long-time friend Erskine Childers, an anti-Treaty republican and former Treaty delegation secretary, in a Free State Military Court for unlawful possession of a Colt revolver (gifted by Michael Collins) during the Civil War….

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Arms Importation and Related Cases Involving Michael Comyn KC. While Michael Comyn KC (1871–1952) was renowned for defending Irish republicans during the War of Independence (1919–1921) and Civil War (1922–1923), no sources indicate his direct involvement in defending cases specifically centered on arms importation (e.g., smuggling operations like the 1914 Howth gunrunning). However, he frequently handled high-profile defenses related to arms possession charges, which were often tied to revolutionary activities and carried severe penalties under British martial law or Free State military tribunals. These charges stemmed from broader republican efforts to acquire and distribute weapons, making them indirectly linked to importation networks.

Below, I detail the key arms-related cases, followed by other notable defenses.

Key Arms Possession Cases

These cases typically involved republicans accused of holding firearms, ammunition, or explosives in violation of proclamations requiring surrender, with death sentences as potential outcomes.

• Re. Clifford and O’Sullivan (1921): Comyn represented Paddy Clifford, O’Sullivan, and 40 other men arrested near Mitchelstown, County Cork, in April 1921. They were convicted by a British military tribunal under General Sir E.P. Strickland for possessing arms and ammunition, violating a December 1920 proclamation by Sir Nevil Macready mandating the surrender of weapons. The tribunal imposed death sentences. Comyn, instructed by solicitor James G. Skinner, innovatively sought a writ of prohibition to challenge the court’s jurisdiction as illegal. After dismissals in the Irish Chancery Division and Court of Appeal, he escalated to the House of Lords (heard June–July 1921), where he argued alongside Sir John Simon KC, his brother James Comyn, Joe McCarthy, and Richard O’Sullivan. The Lords ruled the writ inappropriate but suggested habeas corpus as an alternative, avoiding a full merits review. The case’s publicity reportedly influenced King George V to intervene, halting executions and contributing to truce negotiations. None of the men were executed; they were released post-Anglo-Irish Treaty (December 1921). This is considered a landmark in constitutional law for contesting military overreach. en.wikipedia.org +2
• Erskine Childers Case (1922): During the Civil War, Comyn defended his friend Erskine Childers, arrested on November 10, 1922, and tried by a Free State military tribunal on November 17 for illegal possession of a Colt automatic revolver (given to him by Michael Collins). Childers, infamous for orchestrating the 1914 arms importation on the yacht Asgard for the Irish Volunteers, faced a death sentence under the Army Emergency Powers Resolution. Comyn, alongside Patrick Lynch KC and C.A. Maguire, applied for habeas corpus on November 20 at King’s Inns Hall, arguing the tribunal’s illegality amid a “state of war.” The three-day hearing included delays for clemency petitions, but Master of the Rolls Sir Charles O’Connor ruled against them by candlelight, denying an adjournment. An appeal was filed, but Childers was executed on November 24 at Beggars Bush Barracks before it could proceed. Comyn later called it a “complete negation of justice.” While not an importation charge, the case highlighted Childers’ arms history. en.wikipedia.org +2

Comyn’s strategy in these cases often involved technical legal challenges, delays, and publicity to save lives—no republican he defended during the “troubles” was executed. en.wikipedia.org +1

Other Notable Defenses and Legal Activities

Comyn’s broader career included defending republicans in military courts post-1916 Rising, advising Sinn Féin leaders, and participating in Dáil Courts. He disrupted Free State narratives through inquests and advised Éamon de Valera on Fianna Fáil’s formation.

• Post-1916 Republican Prisoner Defenses: After returning from the U.S. in 1916, Comyn defended numerous republicans in British military courts and High Court proceedings, including appeals to the House of Lords. He handled cases under martial law, often challenging jurisdiction. en.wikipedia.org
• Inquests into Republican Deaths (1922): During the Civil War, Comyn represented anti-Treaty interests at inquests for Cathal Brugha (killed July 5, 1922) and Harry Boland (shot July 31, 1922), using them to discredit the Provisional Government and IRA pro-Treaty forces. en.wikipedia.org
• Georgina Frost Suffrage Case (1920s): Comyn appealed to the House of Lords for suffragette Georgina Frost, advancing women’s rights in legal appointments. en.wikipedia.org
• IRA Funds Recovery (1932): As Fianna Fáil’s legal adviser, Comyn successfully sued de Valera’s government to recover £20,000 in IRA funds, demonstrating his post-revolutionary influence. en.wikipedia.org
• Dáil Courts Appearances (1920–1922): Comyn practiced in republican courts, including civil cases like the Power and Dodd fishery dispute in Tralee (April 1922), where he defended fishermen’s public rights against private title claims. militaryarchives.ie

Comyn’s work bridged revolutionary justice and the emerging Irish state, later serving as a senator (1928–1936) and Circuit Court judge (1936–1952).

en.wikipedia.org

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Explore Dáil Courts case examples

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Overview of Dáil Courts and Case Examples

The Dáil Courts, also known as Republican Courts, were an alternative judicial system established by the First Dáil Éireann in 1919 during the Irish War of Independence. They operated from 1920 to 1924, handling civil, criminal, and land disputes to assert Irish republican authority and undermine British rule. These courts were grassroots-driven, often held in secret locations like halls or farms, and enforced by IRA Volunteers due to the lack of formal prisons. They dealt with thousands of cases, primarily agrarian issues amid widespread land agitation, but also theft, debt, labor disputes, and petty crimes. Drawing from Mary Kotsonouris’s seminal works (Retreat from Revolution: The Dáil Courts, 1920–24 and The Winding Up of the Dáil Courts, 1922–1925), which relied on archived records, the courts emphasized fairness, community involvement, and sometimes innovative use of Brehon (ancient Irish) laws. Below, I explore specific case examples, categorized by type, with details on context, outcomes, and significance. irishacademicpress.ie +3

Land and Agrarian Disputes

These were the most common cases, reflecting rural unrest over land seizures in the west of Ireland. Courts aimed to mediate between tenants and landowners, often favoring property rights to maintain national unity.

• Ballinrobe Land Seizure Case (May 1920, Co. Mayo): This was the first official Dáil Court case, held in a special land court. Claimants, including landless laborers and smallholders, seized cattle farms from large landowners amid agrarian agitation. Barrister Kevin O’Shiel and Art O’Connor (Dáil’s substitute Minister for Agriculture) presided, sent by Arthur Griffith to control the unrest. rte.ie
  • Type: Land partition and seizure dispute.
  • Details: Claimants needed to prove “sheer necessity,” land viability for division, and compensation ability. The court ruled against them, as the land couldn’t sustain partition.
  • Outcome: Judgment favored landowners. Claimants initially refused, leading to IRA enforcement: they were rowed to an island on Lough Corrib and detained until compliance. Women later occupied the land, but a Dáil decree redirected energies to the national struggle, halting further class-based agitation. This case set a precedent for conservative rulings in land matters, reported positively by the pro-unionist Irish Times. rte.ie
• Galway Land Redistribution Dispute (c. 1920, Co. Galway): Tenants occupied poor-quality farmland demanding redistribution. theirishstory.com
  • Type: Agrarian occupation and eviction dispute.
  • Details: The court assessed the land’s suitability.
  • Outcome: Ruled the land too poor to divide; tenants ordered to vacate. When they refused, Volunteers enforced by detaining them on a Lough Corrib island until acceptance, highlighting the courts’ reliance on republican militias for enforcement.
• Clare Coast Wall Demolition Case (June 1920, Co. Clare): Two men demolished a wall on contested land and refused to rebuild it after a court order. rte.ie
  • Type: Property damage in land dispute.
  • Details: Reported in the Limerick Leader as a “Good Story from Clare.”
  • Outcome: Men detained for three weeks on a coastal island. When RIC attempted rescue, they rejected British authority, pelting the boat with stones as “citizens of the Irish Republic.” This underscored rural loyalties to Dáil sovereignty over material gains.

Criminal and Theft Cases

Courts handled everyday crimes, focusing on restitution and community service rather than incarceration.

• Millstreet Theft Case (c. 1920, Co. Cork): A gang stole £15,000. theirishstory.com
  • Type: Criminal theft.
  • Details: Volunteers apprehended the thieves with community aid.
  • Outcome: Thieves deported from Ireland; stolen money returned. This demonstrated the courts’ role in maintaining order amid British judicial collapse.
• Petty Offenses in Cavan (c. 1920–1921, Co. Cavan): Local criminals committed minor crimes like theft or disorder. theirishstory.com
  • Type: Petty criminal offenses.
  • Details: Arrests involved community cooperation.
  • Outcome: Offenders assigned farm work in another area or ordered to pay victim compensation, reflecting restorative justice principles.

Debt and Civil Disputes

These cases often addressed exploitation, with courts promoting social equity.

• Pembroke Ward Moneylender Case (c. 1920, Dublin): A moneylender charged 800% interest on a loan. theirishstory.com
  • Type: Civil debt and usury dispute.
  • Details: The court viewed the rate as exploitative.
  • Outcome: Initially ordered no repayment to enforce justice; reversed by Minister Austin Stack, showing tensions between local rulings and central Dáil oversight.
• Single Mother Support Case (1920, Co. Cork): A single mother sought financial support from her child’s father. rte.ie
  • Type: Family maintenance dispute.
  • Details: Presided by James Creed Meredith, Dáil Supreme Court President, invoking Brehon laws for progressive rulings on unmarried mothers.
  • Outcome: Awarded compensation for child-rearing costs. This precedent was followed uniformly, highlighting the courts’ innovative, women-friendly approach compared to British common law. rte.ie +1

Labor and Industrial Disputes

Courts arbitrated strikes to preserve republican unity.

• Cork Creamery Strike (September 1920, Cork City): Workers struck, refusing initial arbitration; many were IRA members. theirishstory.com
  • Type: Labor arbitration in industrial dispute.
  • Details: IRA escorted milk through pickets, prioritizing national goals.
  • Outcome: Agreement between ITGWU and IRA; Dáil arbitration resolved the strike, preventing escalation.

Appeals and Habeas Corpus During Transition

As the Civil War loomed, courts handled detentions.

• George Plunkett Habeas Corpus Petition (July 1922, Dublin): Count Joseph Plunkett sought his son George’s release from Free State custody post-Four Courts capture. theirishstory.com
  • Type: Appeal for release (habeas corpus).
  • Details: No charges filed; Supreme Justice Diarmuid Crowley issued a writ against Minister Richard Mulcahy and the prison governor.
  • Outcome: Ordered release or justification by July 26, 1922. Occurred amid Dáil Courts’ abolition; Crowley declared it illegal and ordered arrests, leading to his own detention. This marked the courts’ contentious end.

These examples illustrate the Dáil Courts’ ingenuity, challenges (e.g., enforcement via islands due to no prisons), and progressive elements, such as women’s roles and Brehon influences. They processed over 5,000 cases by 1922, with unresolved ones handled by a 1923–1925 winding-up commission. fourcourtspress.ie +1 For deeper dives, Kotsonouris’s books provide primary-source accounts from litigants and judges.

irishacademicpress.ie

7 web pages

Explore Brehon laws in Dáil Courts

Sinn Féin arbitration system

Dail court cases … any of foregoing involve Michael Comyn KC

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Michael Comyn KC’s Involvement in Dáil Court Cases

To address your query regarding the Dáil Court case examples I previously outlined (e.g., Ballinrobe Land Seizure, Galway Redistribution, Clare Wall Demolition, Millstreet Theft, Cavan Petty Offenses, Pembroke Moneylender, Single Mother Support, Cork Creamery Strike, and George Plunkett Habeas Corpus): Based on historical records, Michael Comyn KC did not appear as counsel or directly participate in the adjudication of those specific cases. However, he had a broader role in the Dáil Courts system, including defying the Irish Bar Council’s June 1920 resolution prohibiting barristers from practicing in these republican tribunals, which labeled such involvement as professional misconduct.

canisgallicus.com As a King’s Counsel (appointed 1914), Comyn focused on higher-tier courts (district or supreme levels) handling civil matters like property, contracts, and disputes, rather than the more localized parish or arbitration panels where many of the listed examples originated.

canisgallicus.com He also appeared before the post-1922 Dáil Courts Winding-Up Commission, which resolved outstanding cases under the Irish Free State.

canisgallicus.com That said, Comyn played a significant role in the overall establishment and operation of the Dáil Courts (also called Republican or Sinn Féin Courts), particularly in republican strongholds. For instance, he was instrumental in setting up the first Sinn Féin court in Ballinrobe, South Mayo (relevant to the Ballinrobe Land Seizure Case example), alongside Commandant P.R. Hughes in May 1920. This court initially focused on agrarian disputes amid cattle drives and land seizures, helping to formalize the system under Dáil decrees and redirecting class-based agitation toward the national independence struggle.

canisgallicus.com His anti-Treaty stance during the Civil War led to scrutiny from the Provisional Government, including discussions about potential actions against him for continuing to operate or support these courts in defiance of emerging Free State authority (e.g., a 1922 letter from Chief Justice Hugh Kennedy to President William T. Cosgrave).

canisgallicus.com A Key Specific Case: Power and Dodd Fishery Dispute (Tralee, 1922)

One well-documented Dáil Court case where Comyn directly served as counsel was the Power and Dodd v. Fishermen fishery rights dispute, heard in the Dáil Circuit Court as part of the Southern Circuit sittings. This civil case exemplifies Comyn’s involvement in higher-level republican judiciary matters during the post-Truce but pre-Civil War period, when the courts were at their peak operational capacity.

militaryarchives.ie

• Context and Type: A property and title dispute over a “several fishery” (exclusive private fishing rights) in the tidal estuary of the River Laune, County Kerry. Local fishermen from Killorglin asserted a public right to fish for salmon in these waters, openly defying the owners by fishing without permission. The plaintiffs sued for an injunction to prevent trespass, requiring them to prove their exclusive title amid broader agrarian and community tensions in rural Ireland.
• Dates and Location: Initially listed for the Tralee sittings (March 11–14, 1922), but adjourned due to its complexity and expected week-long duration. The full hearing occurred over a week in early April 1922 at the Tralee Circuit Court (part of a circuit that included Killarney, Cahirciveen, Kenmare, Bantry, and Bandon, disposing of over 100 cases total). Judgment was reserved and delivered later in Dublin. The defendants appealed to the Dáil Supreme Court, which heard arguments in May/June 1922 and affirmed the decision on June 14, 1922—just before the Civil War’s outbreak and the courts’ abolition on July 25, 1922.
• Parties and Counsel:
  • Plaintiffs: Messrs. Power and Dodd of Killorglin (long-time owners), represented by Henry D. Conner KC and Barney Roche.
  • Defendants: Local fishermen, represented by Michael Comyn KC and Thomas O’Donnell.
• Arguments: Extensive evidence included historical documents tracing the plaintiffs’ title back to the Earls of Desmond. Key legal points revolved around whether the fishery in tidal waters could be exclusive (requiring the river to have been “put in defence”—privatized by excluding the public—before Magna Carta in 1215). Uninterrupted possession for centuries created a presumption of lawful origin. Both sides presented learned arguments on these historical and common law principles, with Comyn advocating for the fishermen’s public rights claim.
• Outcome and Enforcement: Trial judge Cahir Davitt (son of Land League founder Michael Davitt) upheld the plaintiffs’ title and granted the injunction, ruling against the fishermen. The Dáil Supreme Court affirmed this on appeal. Enforcement details are limited, but Dáil decrees were typically upheld by IRA Volunteers. Post-abolition, such rulings could be registered and enforced under the Dáil Courts (Winding Up) Act 1923, which handled unresolved cases like this one.

This case highlights the Dáil Courts’ sophistication in handling complex civil litigation, drawing on British common law precedents while asserting republican sovereignty. Comyn’s participation underscores his commitment to the system, even as tensions mounted leading to the Civil War. If you’d like more examples or details from sources like Mary Kotsonouris’s books or witness statements, let me know!

Additional Sources on Michael Comyn KC and the Dáil Courts, with Focus on the Supreme Court

In response to your request for more examples and details from sources beyond Mary Kotsonouris’s books (such as Retreat from Revolution and The Winding Up of the Dáil Courts), I’ve explored historical archives, academic databases, and primary documents. The most significant new source is the Bureau of Military History (BMH) Witness Statement WS 993 by Mr. Justice Cahir Davitt (son of Michael Davitt and a key Dáil Court judge himself), which provides firsthand accounts of Comyn’s direct involvement in specific cases.

militaryarchives.ie

This statement, recorded in the 1950s and housed in Ireland’s Military Archives, offers detailed recollections of Dáil Court operations from 1920–1922, including circuit sittings, case types, and appellate processes. It confirms and expands on Comyn’s role in the Power and Dodd v. Fishermen fishery rights dispute, which was appealed to the Dáil Supreme Court—the highest appellate body in the republican judicial system.

Below, I summarize key findings from this and other sources, focusing on Comyn’s contributions, with emphasis on Supreme Court-related activities. No additional specific cases beyond Power and Dodd were identified involving Comyn, but general references to his broader participation in the courts during the revolutionary period emerged. Bureau of Military History Witness Statement WS 993 (Cahir Davitt, 1954). This 114-page statement is a primary eyewitness account of the Dáil Courts’ establishment, daily functioning, and dissolution amid the Civil War. Davitt, who served as a Circuit Judge and later on the Dáil Supreme Court, describes Comyn as one of the barristers who actively practiced in these courts, defying the Irish Bar Council’s 1920 ban on participation. Key excerpts highlight Comyn’s advocacy in civil matters and his role in a case that reached the Supreme Court.

• General Involvement in Dáil Courts: Davitt notes Comyn’s appearances in circuit sittings, particularly in Limerick during October 1921, where he handled “several cases” amid a heavy caseload of civil disputes (e.g., rent arrears, breach of promise, and equity suits). This was during the post-Truce period when courts operated more openly, with professional counsel like Comyn contributing to their legitimacy. Davitt lists Comyn among solicitors and barristers from Limerick, Cork, and Tipperary who attended, emphasizing the courts’ growing professionalism: “Litigants were represented by solicitors, and in some by counsel as well.” militaryarchives.ie (Note: A related mention of “Mr. James Comyn” in Limerick cases likely refers to Michael’s brother, also a barrister, indicating family involvement in republican legal efforts.)
• Specific Case: Power and Dodd Fishery Dispute (Tralee Circuit, April 1922; Appealed to Dáil Supreme Court): This is the standout example of Comyn’s work, as previously discussed. Davitt, presiding as trial judge, provides granular details: The case involved plaintiffs Power and Dodd seeking an injunction against local Killorglin fishermen for trespassing on their exclusive salmon fishing rights in the River Laune estuary (County Kerry). Comyn represented the defendants (fishermen), arguing for public access rights against the plaintiffs’ historical title tracing back to the Earls of Desmond. The hearing lasted a week, with extensive evidence on pre-Magna Carta (1215) privatization of tidal waters. Davitt ruled for the plaintiffs, granting the injunction after reserving judgment.The defendants appealed to the Dáil Supreme Court in May/June 1922, where it was heard just before the Civil War’s outbreak. The Supreme Court—comprising judges like Davitt, James Creed Meredith (President), Arthur Clery, and Diarmuid Crowley—affirmed the decision on June 14, 1922. Davitt quotes his own judgment: “I upheld the title of the plaintiffs and granted them their injunction.” militaryarchives.ie He adds context on enforcement challenges amid rising tensions: Dáil decrees relied on IRA Volunteers, but the case’s resolution demonstrated the Supreme Court’s role in upholding complex property law under republican jurisdiction. This appeal underscores Comyn’s commitment, as he navigated a system blending common law precedents with revolutionary ideals.
• Dáil Supreme Court Context: Davitt describes the Supreme Court as the appellate arm established under Dáil decrees, handling equity and common law appeals from circuit decisions. It operated from Dublin (e.g., Technical Schools in Parnell Square) and disposed of cases like will suits, land declarations, and specific performance actions. The first post-Truce appeal (November 1921) involved a North Roscommon equity suit for land sale enforcement, setting precedents for later cases like Power and Dodd. Davitt notes the court’s dissolution on July 25, 1922, by the anti-Treaty Minister for Home Affairs, with unresolved matters transferred to the Free State’s Winding-Up Commission under the 1923 Act. Comyn’s anti-Treaty alignment likely influenced his continued participation until this point.

This BMH statement is invaluable as a primary source, cross-referencing other historical figures and providing procedural insights not always detailed in secondary works like Kotsonouris’s.

Other Sources: While the BMH offers the richest detail, additional archival and academic materials provide supporting context on Comyn’s revolutionary legal activities, though with less specificity on Dáil Courts:

• Dictionary of Irish Biography (DIB) Entry on Michael Comyn (Edited by James McGuire and James Quinn, 2009): This biographical profile confirms Comyn’s republican sympathies and legal defiance during the War of Independence, noting his practice in Dáil Courts despite the Bar Council’s prohibition. It briefly mentions his role in establishing early Sinn Féin courts in Ballinrobe (May 1920), tying into agrarian disputes, but lacks Supreme Court specifics. Quote: “During the 1916 Easter rising he was in Kansas City, USA, but on his return he became involved in the defence of republican prisoners before the military courts… He practiced before the Dáil courts, defying a Bar Council resolution.” dib.ie This aligns with Davitt’s accounts of professional barristers bolstering the courts’ credibility.
• Elgin O’Rahilly Papers (University College Dublin Archives, P200, Catalogued 2003): This collection includes letters and memoranda addressed to Comyn regarding republican government policies and department establishments during the Dáil era (1919–1922). While not explicitly detailing court cases, it references his advisory role in justice-related matters, potentially including Dáil Courts’ setup. For instance, items discuss “the policies of the government and the establishment of various departments,” which could encompass the Ministry of Home Affairs overseeing the courts. ucd.ie This suggests Comyn’s behind-the-scenes influence on the judicial framework.
• Hugh Kennedy Papers (University College Dublin Archives, P4, Catalogued 1999): As Chief Justice of the Irish Free State, Kennedy corresponded on transitional justice issues post-1922. A 1922 letter from Kennedy to President William T. Cosgrave discusses potential actions against anti-Treaty figures like Comyn for supporting Dáil Courts during the Civil War split. This highlights tensions around the Supreme Court’s legitimacy and Comyn’s perceived defiance. ucd.ie
• Academic Chapter: “Force, Law, and the Irish Revolution” (In The Irish Revolution, 1913–1923 by Joost Augusteijn, 2002): This Oxford University Press piece mentions Comyn among barristers providing “high-level legal advice” to the revolutionary movement, including George Gavan Duffy and Laurence Ginnell. It notes his supportive role in Dáil judicial structures but focuses more on broader revolutionary lawyering without Supreme Court case details. academic.oup.com

No other BMH statements (e.g., WS 940 or WS 624) yielded direct mentions of Comyn in Dáil Courts; they reference him in unrelated defenses like the 1921 Clifford arms case. bmh.militaryarchives.ie +1 JSTOR articles on arms importation (1914) link Comyn to Patrick Lynch KC but not explicitly to Dáil Courts.

jstor.org Wikipedia and Oireachtas debates provide biographical overviews but omit Dáil specifics. en.wikipedia.org +1These sources reinforce Comyn’s dedication to the republican cause, particularly through civil advocacy in tense times. If you’d like me to dive deeper into a specific document (e.g., full BMH PDF analysis) or explore related figures like Cahir Davitt, let me know!

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Analyze Cahir Davitt’s full BMH statement

Explore James Creed Meredith’s Supreme Court role

Quick Answer

Sources on Dáil Courts (1920–1924) and References to Michael Comyn KC

Yes, it is possible to search and identify references to Michael Comyn KC (1871–1952) in relation to the Dáil Courts (also known as Republican or Sinn Féin Courts), an alternative judicial system established by the First Dáil Éireann during the Irish War of Independence to assert republican authority and undermine British rule. These courts handled civil, criminal, and land disputes, operating underground from mid-1920 until their abolition in July 1922 amid the Civil War, with unresolved cases transferred to a winding-up commission under the Irish Free State. Comyn, a prominent barrister and republican sympathizer (King’s Counsel from 1914), defied a June 1920 Irish Bar Council resolution prohibiting participation in these courts (deeming it professional misconduct) and appeared as counsel in higher-tier cases, particularly civil matters like property disputes. canisgallicus.com +9 He also advised Sinn Féin leaders, defended republicans in British military courts (e.g., post-1916 Rising), and later appeared before the winding-up commission. en.wikipedia.org +3

Below, I summarize key sources and references, organized by your query elements, drawing from archival documents, books, articles, and historical records. These confirm Comyn’s involvement in establishing early Sinn Féin courts (e.g., Ballinrobe, May 1920) and specific cases like the Power and Dodd v. Fishermen fishery rights dispute (Tralee Circuit Court, April 1922; appealed to Dáil Supreme Court, affirmed June 1922), where he represented defendants arguing public rights against exclusive title claims. canisgallicus.com +2 He also handled civil cases in Limerick sittings (October 1921) and advised on republican governance. militaryarchives.ie +1 His anti-Treaty stance drew Free State scrutiny (e.g., 1922 letter from Chief Justice Hugh Kennedy to President W.T. Cosgrave). canisgallicus.com +1

Arthur Cox as President of the Law Society

Arthur Cox (1891–1965) was a prominent Dublin solicitor, nationalist (involved in Sinn Féin and the Irish Volunteers), and founder of the Arthur Cox law firm. He served as President of the Incorporated Law Society of Ireland (now Law Society of Ireland) in 1952. militaryarchives.ie +1 References link him to Comyn indirectly through shared republican networks and legal work: Cox acted as solicitor for Comyn and Robert Briscoe, T.D., in 1935 mining lease disputes in County Wicklow (e.g., Ballintemple estate), involving applications to the Department of Industry and Commerce under Free State law. ucd.ie +2 No direct Dáil Courts connection for Cox, but he was referenced in BMH statements (e.g., WS 993) as a solicitor during the revolutionary period.

militaryarchives.ie Sources: UCD Archives’