Luis Alberto Bustamante Robin; Jose Guillermo Gonzalez Cornejo; Jennifer Angelica Ponce Ponce;Francia Carolina Vera Valdes; Carolina Ivonne Reyes Candia; Mario Alberto Correa Manríquez; Enrique Alejandro Valenzuela Erazo; Gardo Francisco Valencia Avaria; Alvaro Gonzalo Andaur Medina; Carla Veronica Barrientos Melendez; Luis Alberto Cortes Aguilera; Ricardo Adolfo Price Toro; Julio César Gil Saladrina; Ivette Renee Mourguet Besoain; Marcelo Andres Oyarse Reyes; Franco Gonzalez Fortunatti; Patricio Ernesto Hernández Jara; Demetrio Protopsaltis Palma;Paula Flores Vargas; Ricardo Matias Heredia Sanchez; Alamiro Fernandez Acevedo; Soledad García Nannig; Katherine Alejandra Lafoy Guzmán;
|
Pintura Juicio a Casement. |
Sir George
Arthur Harwin Branson
(Great Yarmouth, Norfolk , 11 de julio de 1871 - 23 de abril de 1951), conocido
profesionalmente como GAH Branson , fue un Barrister inglés que se convirtió en
juez del Tribunal Superior de Justicia. En ese papel fue conocido como el
Sr. Justice Branson. Era el abuelo
paterno de Sir Richard Branson.
Branson era hijo
de James Henry Arthur Branson ( Madras , 29 de octubre de 1839, bautizado
Vepery , Presidencia de Madras , 25 de marzo de 1840 - abril-junio de 1902),
Magistrado interino sénior en Calcuta, India , y su esposa Mary Ann Brown (
Gran Horkesley , Essex , 23 de febrero de 1842 - después de 1901).
Fue educado en la
Bedford School, donde era un erudito, y en el Trinity College, Universidad
de Cambridge, donde fue un Lector.
En 1894, después
de abandonar Cambridge, Branson se unió a una firma de abogados, Markby,
Stewart & Co. También se convirtió en miembro del Templo Interior y
en 1899 fue llamado a la barra y se unió al Circuito del Norte. Escribir
libros en la Bolsa de Valores ayudó a hacerse un nombre como un Abogado Junior,
y fue Asesor Junior del Tesoro de 1912 a 1921.
En 1918 fue elegido Maestro del Banco del
Templo Interior. En 1921 fue nombrado caballero y nombrado Juez del Tribunal
Superior de Justicia, División King's Bench , sirviendo hasta 1939.
En enero de 1940
fue nombrado miembro del Consejo Privado.
En 1915, Branson
se casó con la viuda Mona Joyce Bailey (Taynuilt, Argyllshire , ca. 1890 - 2
de octubre de 1964), una hija menor de George James Bailey de Invergloy,
Inverness-shire (Langley , Wiltshire , ca. 1849 - popa 1901) , Mayor y esposa
(Iglesia parroquial de Hardenhuish , Wiltshire, 10 de noviembre de 1873)
Edith Emma Headley ( 4 de marzo de 1852 -
después de 1901).
En 1916, Branson
participó en el juicio de Sir Roger Casement por traición, actuando para el
Director de Enjuiciamientos Públicos como Barrister junior de FE Smith .
El tribunal
decidió que se debería leer una coma en el texto de la Ley de Traición 1351,
ampliando de manera crucial el sentido para que "en el reino o en
otro lugar" se refiriera a dónde se realizaron los actos de traición
y no a dónde pueden estar los "enemigos del Rey".. Por lo
tanto, se afirmó que Casement fue "colgado de una coma". En
1950, poco antes de su muerte, su hijo Edward James Branson se convirtió en
el padre del futuro multimillonario Sir Richard Branson .
Murió el 23 de
abril de 1951.
|
Mr. SULLIVAN Before the war.
(To witness) And their circulation with these speeches you have told
me was in no wise hampered by the police authorities? No.
Did you notice in the speeches reported with regard to the arming
in the north of Ireland that the justification for the arming in the north
of Ireland purported to be that the majority of members of Parliament
for English constituencies objected to the Home Rule Bill; was that put
forward in the Ulster speeches? Yes.
And that although there was a majority in the House of Commons
in favour of the bill, that its opponents in the north were justified in
arming to resist it because the English members disapproved of it? Yes.
And were speeches reported to that effect, not only by Irishmen in
the north of Ireland, but were there speeches to the same effect reported
as having been delivered by distinguished Englishmen from English con-
stituencies who attended these great meetings? Yes.
And did those speeches in your district greatly affect and agitate
the minds of the people ? Well, not in the locality where I am stationed.
Not in Ardfert? No.
But in the south generally? Yes.
Do you remember shortly before the war broke out the excitement
in the south being accentuated by what was known as the Curragh incident? Yes.
By that time the arming of Ireland, north and south, had gone
entirely beyond the control of the police, had it not? Yes.
If there was to be any protection for the peaceable population from
that armed on either side it would lie with the military? Yes.
After the Curragh incident was not there very grave unrest amongst
the people of the country as to whether they could trust that the military
would protect them against the Ulster armed Volunteers? It was believed
there was not enough military in the country for their protection at the
time.
And the Curragh incident had thrown some doubt on their willing-
ness to act, had it not? Yes.
In that state of affairs, having neither police nor military competent
to protect one, it was left to people in Ireland to protect themselves, is
not that the truth of it? Generally speaking, it is.
Generally speaking that was the truth of it. Now, as you say, when
the war broke out the Arms Proclamation was withdrawn and the arming
went on as before? Yes.
And continued right up to last month? Yes.
Except so far as hampered by the Defence of the Realm Regulations?
Yes.
Your charge against Sir Roger Casement was a charge made under
the Defence of the Realm Regulations? Yes.
Although the Defence of the Realm Regulations may have hampered
the importation of arms, was the drilling of armed men still permitted
to take place without interference by the civil authorities? Yes.
They continued as before? They did.
Marching, counter-marching, and getting up skirmishing and sham
battles all over the country? Yes.
Were there frequent complaints from the civil population of this
matter being tolerated? Yes.
And the police were powerless to protect them from it? Is not that
so? Yes, powerless.
The LORD CHIEF JUSTICE: To protect them against what? I do not
quite follow.
By Mr. SULLIVAN These armed people were tramping all over the
country 1 Yes.
They marched on every man's property as they wished? Yes.
They fought their sham battles in any part of the land they chose
for themselves, is not that so? That is right.
And the police were powerless to interfere with them? Yes.
Do you remember after the war broke out that the Home Rule Bill
passed as we know; it is in the statutes? Yes.
But that an Act of Parliament was passed suspending its coming into
operation ? Yes.
That is also in the statutes. Did that greatly accentuate the feeling
of unrest in the country? Yes.
Re-examined by the SOLICITOR-GENERAL I am not going through all
this with you, but is the result of what you said that the country where
you were stationed was at the time seething with unrest? Yes.
And that some of the people had arms? Yes.
The landing of arms and ammunition from abroad in that country,
what kind of effect would that have had?
Mr. SULLIVAN I object to any speculative question; there were some
arms landed, three pistols and 900 rounds of ammunition.
The LORD CHIEF JUSTICE You took up the subject which Mr. Solicitor
is entitled to explain.
By the SOLICITOR-GENERAL What effect would the landing of a cargo,
I do not say three pistols, but a cargo of arms and ammunition in that
country have had upon the population? It would have had a very grave
effect.
It has been put to you that the people were arming only against the
Ulstermen from the north; is that so? Partly against Ulster and partly
against conscription.
By Mr. JUSTICE HORRIDGE You know the place where the boat was
found? Yes.
You know the place where you say you found Sir Roger Casement?
Yes.
Is the house at which the woman Mary Gorman was a servant, John
Allman's house, on the way from where the boat was to where you found
him in the fort? Oh, no.
How far out of the way? From where I found the boat to where
I found him in the fort would be about two English miles across country.
How far out of the route was the house of this man at which Mary
Gorman says she saw him about? That would be within 480 yards of this
fort.
The house where she lived? Yes.
BERNARD RILET, examined by Mr. BODKIN I am a constable in the
Royal Irish Constabulary, stationed at Ardfert. I was with Sergeant
Hearn on the morning of 21st April. I remember going with him towards
Rathoneen in the direction of Curraghane. We searched about in that
direction, and we came to a place which is called M'Kenna's Fort, where
we saw a man. I now identify that man as the prisoner. When I first
saw him his head and shoulders were appearing over some shrubbery in
the fort. He had not seen me; he was looking in a different direction.
I had my rifle with me. I went in his direction, and immediately he
turned towards me I put up my carbine and covered him. I told him to
stand where he was, quite close to me; that my rifle was loaded, and if
he moved a foot I should shoot him. He said that was a nice way to
treat an English traveller. I cautioned him, and he said, " I am not
" armed; I will not do you any harm." I called for Sergeant Hearn,
and he came up after a few minutes. There was a conversation between
the sergeant and the prisoner, and after that the prisoner was taken
into custody. I took him back to Allman's house, where Mary Gorman
was employed as a servant. The little boy Collins was driving a vehicle
towards Allman's house, and the prisoner and I had a lift in his cart.
I saw Mary Gorman and she saw the prisoner. We went back again
from Mary Gorman's on foot. When we got some way I saw Martin
Collins again. Sergeant Hearn and the prisoner remained on the public
road, and I went inside to search the fort for the other two men believed
to be there.
Returning to the public road, Martin Collins was there; he had fol-
lowed us up. Martin Collins spoke to me on the way to Ardfert, and
he gave me two pieces of paper. I put my initials on them to identify
them. (Shown exhibit No. 18.) These are the two pieces of paper
which Martin Collins gave me. They appear to be typewritten or partly
typewritten, and against each sentence in typewriting there is a number
put. On the back of the paper there is some writing in pencil in the
English language. The numbers are nearly consecutive 00611, 00621,
00631, 00632, and so on, all of them beginning with 00, and the
remainder of the figures are nearly consecutive, though not quite. There
is one number against each sentence. It begins with sentences.
The first is : " Cease communications with. 7 ' Then they go on : " Await
"further instructions"; "Await favourable opportunity 7 '; "Agent has
" started for "; " Agent will start for "; " Agent is underways for ";
"Send agent at once"; "Keep agent back"; "Call agent back";
" Proposal accepted "; " Proposal refused "; " Proposal must be recon-
" sidered "; " Proposal not plainly enough explained "; " Please answer
' by letter " ; ' ' Answer follows by letter " ; " It is impossible to stay at" ;
' Have moved on for " ; " Have decided to stay," and then " Direct your
' attention on." In the photograph it looks to be in ink so as to make
1 j " into " y " by having a little loop in front. Then " Take up
'communication with"; "Nothing further is known"; "Nothing
' further has been heard from " ; " We have our positions at " ; " Letter
' received " ; " Letter not received " ; "A letter will follow " ; " Letters
'are not sure"; "Do not send further letters"; " Communi-
" cation again possible " ; " Our chiffre is compromised " ; " Railway com-
" munications have been stopped "; " Enquiries must be made about ";
" Our men are at "; " Further ammunition is needed " ; " Further rifles
"are needed"; "How many rifles will you send us?" "How much
" ammunition will you send us? " " Will send plan about landing on " ;
" Await details about sending on " ; " Preparations are made about";
' We have heard from " ; " More detailed information is not to be got " ;
' My cable adress is " ; "My adress for letters is " ; "Send communi-
' cations to the adress of"; " Give me new adress for " ; " Last wire
'has not been understood"; "Send another ship to"; "Send rifles
'and ammunition to"; "Cannons with plenty of ammunition are
"needed"; "Send them to"; "Send more explosives" "Send vessel
"if possible." I have seen the figure " 7 " on the paper, and I see a
little mark across each down stroke of the " 7." That is not an Irish way
of writing the figure " 7," but it is an Irish way of making a capital
"F." The Irish way of writing the figure "7 " is the same as the
English way of writing the figure "7." I do not write Irish myself.
The pencil writing reads: "If any message sent, use 'Clifton wire 7 ;
" friends ready to receive our messages at 2 a.m. middle Greenwich
"time. Begin always ' Sectpol ' and rest in our cipher. This holds
"good from 22nd April till 20th May. If by then no news, the friend's
" station will be closed for good; after that only by cable to Mr. Hehlin,
" Davos Village, Switzerland." Signed " James Kingsley." I see
some letters below the words "James Kingsley," but I do not know
whose handwriting these letters are in. They are not mine. The last
one looks like "e" or " c," and the first looks like " n." There is
no place named Clifton in that part of Ireland that I know of.
The prisoner was taken to the police station and was searched. I
took part in that. In his waistcoat pocket there was exhibit No. 16. That
was in the inside pocket of the vest he was wearing. I looked at it, and
I remarked to him, " This is not Irish," meaning what was written on it in
pencil. He said, " I do not know, I have never seen it before." What
appears to be written on it is " Moller, Hensingfors, Kroner 34."
That day I went back to M'Kenna's Fort, and I found three topcoats
(exhibits Nos. 19, 20, and 21). I remember seeing No. 19 looked at and
searched through. There was nothing found on it in my presence. I first
saw exhibit No. 31, with the district inspector at Tralee, Mr. Britten. On
27th April I went back again to the fort, and on that occasion I found a
piece of paper in the fort. (Shown exhibit No. 15.) That is the piece
of paper I found. It has some pencil writing on it, but I cannot read it;
it appears to be in a foreign language. When I arrested Casement I
noticed that there was some sand on the green woollen muffler he was
wearing, and that the ends of the muffler were slightly damp and wet. His
boots also had sand in them, and all the coats were quite wet sodden.
Cross-examined by Mr. SULLIVAN You say there is no such place as
Clifton in that immediate neighbourhood? Not to my knowledge.
How long are you stationed in Ardfert? About six years.
Are you a native of the district? No.
What part of the country do you come from? I come from Ulster.
This place that you searched, how long after the arrest was it that
you searched it for the overcoats? I should say about an hour afterwards,
say, between one and two hours.
Between one and two hours afterwards you found the overcoats there.
Had you made any search originally? Through the fort?
Yes? Yea, I had, for men.
^ou apparently had not noticed the overcoats? They passed my
notice. They were covered by the shrubbery. They were folded up and
hidden in the shrubbery.
And they escaped your notice in that way? Yes.
With regard to this paper (exhibit No. 15), you have that paper before
you, and you cannot find any English word or words that you can recognise
on it, can you? Except my own initials.
By the LORD CHIEF JUSTICE There are your initials; it was merely
for identification that you put them on? Yes, my lord.
|
Sr. SULLIVAN Antes de la guerra.
|
MARTIN COLLINS, examined by the
SOLICITOR- GENERAL I live at
Ardfert. My father is- a farmer. I am twelve and a half years old. I
remember last Good Friday morning. I was going back to my uncle's
place in a pony and trap. I came near a place called M'Kenna's Fort,
which I know. I saw some people there Constable Riley, Sergeant Hearn,
and a strange man. I have seen the strange man since. Looking round
the Court I see him there; he is the prisoner. I stopped. The police
were coming out from the fort at the time with the strange man. As
the strange man was crossing the fence he dropped some papers from behind
his back. Constable Riley asked me to give him a drive back as far as
John Allman's, my uncle's, and I did that. Constable Riley and the strange
man got into my cart, and I drove them back to John Allman's. I heard
Constable Riley ask for Mary Gorman, and then he asked her if the strange
man was the man she had seen in the morning, and Mary Gorman said
"yes." I stayed at Allman's for half an hour. I was going to Tralee,
and I stopped at the fort again, and Tom Doone went in and picked up the
papers and gave them to me, and I gave them to Constable Riley. Tom
Doone is a boy who is younger than I am. He found the papers at the
place where I saw the strange man brought out. (Shown exhibit No. 18.)
That is the piece of paper I saw the prisoner drop. It was torn like that
when I got it. I looked at it, and then I gave it to Constable Riley.
Cross-examined by Mr. SULLIVAN Did you see this boy, Tom Doone,
actually pick up the paper? Yes.
Was the paper lying there on the ground in your view? Yes.
As you drove along the road? Yes.
You could see the paper from the trap as you drove along the road,
could you? I saw the strange man drop the paper.
Did you see the paper on the ground after he had dropped it? Yes.
It was visible from the road, was it? Yes.
Had you your dinner at Allman's? I had.
How long did you remain there ? Half an hour.
You drove up and saw Mary Gorman? Yes.
And heard this conversation? Yes.
And had your dinner? Yes.
And got back in half an hour? Yes.
FREDERICK AMBROSE BRITTEN, examined by Mr. TRAVERS HUMPHREYS I
am district inspector in the Royal Irish Constabulary. On 21st April I
saw three overcoats in the custody of the police. One of these is exhibit
No. 19, and I took a piece of paper from the pocket of that coat. Exhibit
No. 31 is the document that I took from the pocket. It is a first-class
sleeping railway ticket from Berlin to Wilhelmshaven, dated 12th April,
1916. I know a little German. I see a number of figures down the left-
hand side of exhibit No. 18. I notice the way in which the figure 7 ia
made. I should say that it is very like a German 7. Exhibit No. 15 is
written in German and in German characters.
Cross-examined by Mr. SULLIVAN What is your headquarters?
Tralee.
How long are you stationed in Tralee? Five years.
I suppose you read the papers? Sometimes.
What paper do you read? Anything I can get hold of the Irish
Timts, the Independent
The Irish Times is the one that you take for preference, I think? Yes.
I want to know whether you read the Irish Times of 14th July, 1913.
I can give you a copy to look at (newspaper handed to witness)? I could
not tell you.
Will you turn to page 8. Did you read the account of those speeches
of the July anniversary celebration of the 12th July? No, I should think
not. I do not remember reading it.
Will you just glance through it. There are some striking matters
in it. Will you look at the bottom of the second column on that page,
about 30 lines up, the passage beginning " I hope it will never be for-
gotten in that context, as regards the second reading of this bill the other
day "
By the LORD CHIEF JUSTICE The difficulty of it is, so far the witness
has said he has not read it.
By Mr. SULLIVAN Will you look at the passage commencing with those
words, and see whether 'you have not read that before? I am sure I read
something like it.
Will you read it through again and make sure whether that is not
what you did read before? I could not possibly make sure whether I read
it before or not.
That is the paper you usually read, and it is circulated in the town of
which you are the district inspector? Yes.
It was something to this effect, at all events : " I hope it will not be
" forgotten in that context, as regards the second reading of this bill the
" other day, there was as regards England, the predominant partner, a
" majority upon the division of over 30 against the bill? " Yes.
That is against the Home Rule Bill? Yes. Now, will you look higher up in that column, three lines before the
cross-heading, and see if you do not remember reading that before,
circulating in your district? I do not quite know where you mean.
You see " Confidence in " as a sub-heading? Yes.
Just above that you see a passage commencing "We can rely." Do
you remember reading something to that effect? I remember reading that
sort of talk.
" We can rely not only on thousands but tens of thousands of people
" in England who are prepared to assist us." There was any amount of
that sort of speaking going on? In the papers.
Some of them were perhaps more definite. Then in the very last para-
graph of the meeting that is reported there, do you see a passage beginning
" In England they were prepared to stand " ? Who is speaking, whose
speech is it?
I will give you the name if you wish, but I am a little diffident about
it. It is the very last paragraph of the eloquent speech that closed the
meeting except the vote of thanks? There are so many meetings in
different parts of Ireland, and they are mixed up together.
I will mark the passage for you if you wish it. That is the passage
I want you to look at. Did you read passages of this kind circulating in
your district " They would be right in resisting it by force, and in their
" determination to resist it they would have the sympathy and support of
" thousands of people in England, and amongst those thousands he had
"the greatest pleasure in reckoning himself." You remember speeches
to that effect, at all events ? Either speeches or comment to that effect.
They were circulated broadcast through the country? No doubt. (Irish Times of 14th July, 1913, marked exhibit No. 37.) Now I will
turn to the issue of 18th September, 1913. I have marked two passages in
that issue. Have you read that passage between the parallel ink columns,
" Sir Edward Carson in Ulster." Have you read that or speeches to that
effect about that time circulating? Yes, it is always the* same.
" He could add this as a word of partial assurance, that they had many
' powerful friends in England who thought as he did. It was all very well
' to talk of the great forces which, were marshalled behind the Government
* and which could be used in the event of extreme necessity in Ulster. The
' reply to that was that the forces of the Crown were the servants of the
' nation, and at least one-half of the nation believed that the employ-
' ment of this force would be a monstrous crime " ? Yes.
Now, will you turn to the next page. I have marked for you, " If the
" resolution of Ulster were put to the test, they would find those in England
" who had felt it their duty to encourage the men of Ulster in their attitude,
" and who would be prepared to prove by their deeds that when they said
" that Ulster was right they meant Ulster was right, and who would be
''prepared to share the risk"? Yes.
Then there is one other eloquent passage I want to deal with. The LORD CHIEF JUSTICE Have we not gone far enough into this? Mr. SULLIVAN Very well, my lord, I at once accept the suggestion. Re-examined by the SOLICITOR-GENERAL Were those speeches made
before the war? Yes.
There is nothing about entering the service of Germany? No. Or helping the Germans to invade Ireland? No. (Irish Times of
18th September, 1913, marked exhibit No. 38.)
ROBERT WILLIAM LARKE, examined by Mr. BODKIN I am a constable
in the Royal Irish Constabulary stationed at Ardfert. On Good Friday,
21st April, I went to the sand at Curraghane, and I found a black bag. It
was buried in the sand. There were some things in it when I found it.
These were placed in M'Carthy's cart and taken to the barracks.
Mr. SULLIVAN I have no question. JAMES BUTLER, examined by Mr. BRANSON I am a sergeant in the
Royal Irish Constabulary, and on 22nd April last I conveyed the prisoner,
Sir Roger Casement, from Tralee to Dublin by train. As the train was
approaching Killarney Station the prisoner asked whether he could have a
newspaper, and I said "yes." The train stopped at the station. The
head constable of Killarney was at the station, and he came to the carriage
door where we were. He said something to me, and the prisoner heard
what he said. The head constable said, " Did you hear what happened to
"the two lads at Puck"? I said "No." The head constable replied,
" They ran into the tide and were drowned." Puck is about 20 miles from
Tralee. Its proper name is Killorglin. On the train leaving the station
the prisoner commenced to sob and cry, and remained so for some time.
He then turned round to me and asked me where was Puck; was it near
Castlemaine Bay, and I said it was. Then after a while he said, " I am
"very sorry for those two men; they were good Irishmen; it was on my
"account they came over here." I had also some conversation with the
prisoner at Mallow Station. When the train arrived at Mallow Station we
had to change and get into another train, and during the interval we were
waiting for it I asked him had he ever been to Mallow before, and he replied
and said he knew the Blackwater well. The town of Mallow is built on the
Blackwater. On arriving at King's Bridge Station, Dublin, on the way to
Harbour Hill Barracks, we both left in a cab, and while in the cab he asked
me, did I think he would be able to get a bed when he arrived at the
destination, and I said I thought he would. Then he said he felt very tired,
that he had been up twelve nights.
Cross-examined by Mr. SULLIVAN The place called Puck is in fact the
town of Killorglin? Yes.
The natives pronounce it in one syllable? Quite so. As a matter of fact, this accident you are speaking about at Killorglin
had happened some days before, had it not? On the day before, I think.
But it had happened at a distance of, I suppose, 30 miles, at all
events, from Curraghane? Yes, about that, 30 miles.
The two men in question who were drowned are not men whose names
we have heard mentioned in this case. Is not that so? That is so, but it
was not known at the time who they were.
There is a slip at Killorglin where the road runs down, and a motor
car had run off the slip into the tide, and the two men had got drowned ?
Yes.
It is not the first time that a motor car has run off that slip into the
water, but at that time it was not known who the two men were? It was
not known at that time.
But, as it afterwards transpired, they were not men that we are
dealing with in the present case? No, I do not think so.
FREDERICK WHITTAKER, examined by Mr. TRAVERS HUMPHREYS I am a
sergeant-major of the Military Provost Staff Corps. I was on duty on
Saturday, 22nd April, at the Harbour Hill Barracks, Dublin, when I
received the prisoner Casement into my custody from Sergeant Butler. I
received at the same time three bags (exhibits Nos. 11, 12, and 13) and
the tin box (exhibit No. 9), and also three overcoats, which were then
in a brown paper parcel. I handed over my prisoner to the custody of
Sergeant Bracken, and the property to Sergeant O'Donnell, of New Scotland
Yard.
Mr. SULLIVAN No question. |
MARTIN COLLINS, examinado por el
|
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