Judgement was given in the Dublin Law Courts recently upon the important test case involving the whole powers of the Military Courts in Ireland.
The judgement arose out of the application made in the case of John Allen, of Bank Place, Tipperary, who was sentenced to death by the Military Court for being in possession of a revolver and ammunition, and a document dealing with the subject of midnight fighting.
The application was directed to annual the proceedings of the Military Court on the ground that they were illegal, beyond jurisdiction, and that the tribunal had no power to impose the capital sentence for the offence with which Allen was charged.
Judgement was delivered by the Lord Chief-Justice, who was accompanied by Judges Gibson, Gordon, Moore, and Samuels.
The Lord Chief-Justice said that though it was the duty of the Court to protect the lives and liberties of subjects, it was none the less their duty not to interfere with officers of the Crown in taking steps which they believed necessary to suppress insurrection.
The application was dealt with under four heads First.—Was there a state of war justifying the application of martial law.
Second.—What were the powers of the Executive Government in dealing with armed insurrection.
Third.—Could a Military Court act having regard to the fact that the Courts of Justice in the area were open.
Fourth.—Could the military impose sentence of death, having regard to the fact that the provisions of the Restoration of Order Act and the Firearms Act of 1920 imposed minor penalties for the same offence.
Text read from the printed page and cleaned; old type leaves the occasional error.