AI Overview
In November 1922, Judge Charles O’Connor denied an appeal for
habeas corpus brought by Erskine Childers, who was facing execution. O’Connor, a judge for the Provisional Government, refused the application, citing the civil war as a state of war that invalidated the need for the order, which would have challenged the military’s jurisdiction. Childers was executed three days later, before a further appeal could be heard.
- The Appeal: Childers’s legal counsel sought a habeas corpus order to challenge the validity of the military court that had sentenced him to death.
- The Judge: Judge Charles O’Connor heard the appeal.
- The Ruling: O’Connor refused the application, stating that the civil war meant a state of war existed, and martial law could not be restrained.
- The Outcome: Childers was executed on November 24, 1922, three days after the appeal was denied. His legal team had been arguing that he was a political prisoner rather than a criminal.
- The Context: The legal proceedings took place during the Irish Civil War. Childers had been convicted by a military court for possessing a pistol, which was seen as a violation of emergency powers. He had been a prominent anti-treaty politician.
- The Controversy: Some critics argue that O’Connor’s judgment was inconsistent with other rulings, and that he should have challenged the irregular nature of the military jurisdiction more directly.
- The Aftermath: Childers’s son, the future president Erskine Hamilton Childers, was tasked with shaking the hands of the men who signed his father’s death warrant as a tribute to his father’s memory.
About michelleclarke2015
Life event that changes all: Horse riding accident in Zimbabwe in 1993, a fractured skull et al including bipolar anxiety, chronic fatigue …. co-morbidities (Nietzche 'He who has the reason why can deal with any how' details my health history from 1993 to date). 17th 2017 August operation for breast cancer (no indications just an appointment came from BreastCheck through the Post). Trinity College Dublin Business Economics and Social Studies (but no degree) 1997-2003; UCD 1997/1998 night classes) essays, projects, writings. Trinity Horizon Programme 1997/98 (Centre for Women Studies Trinity College Dublin/St. Patrick's Foundation (Professor McKeon) EU Horizon funded: research study of 15 women (I was one of this group and it became the cornerstone of my journey to now 2017) over 9 mth period diagnosed with depression and their reintegration into society, with special emphasis on work, arts, further education; Notes from time at Trinity Horizon Project 1997/98; Articles written for Irishhealth.com 2003/2004; St Patricks Foundation monthly lecture notes for a specific period in time; Selection of Poetry including poems written by people I know; Quotations 1998-2017; other writings mainly with theme of social justice under the heading Citizen Journalism Ireland. Letters written to friends about life in Zimbabwe; Family history including Michael Comyn KC, my grandfather, my grandmother's family, the O'Donnellan ffrench Blake-Forsters; Moral wrong: An acrimonious divorce but the real injustice was the Catholic Church granting an annulment – you can read it and make your own judgment, I have mine. Topics I have written about include annual Brain Awareness week, Mashonaland Irish Associataion in Zimbabwe, Suicide (a life sentence to those left behind); Nostalgia: Tara Hill, Co. Meath.
canisgallicus 