The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-26

CHARGES AGAINST
MAYOR MACSWINEY
-Four Counts Which Formed
Basis of Hunger Strikers
Conviction.
PLEDGE TO DAHL EIREANN
Refused to Make Any Defence,
Claiming Trial Was
Illegal.
PLEDGE TO DAHL EIREANN

Terence MacSwiney. Lord Mayor OF
Cork. was arrested on August IL in the
city ,ef Cork under the Defence of the
Realm Act. Four charges were made
I against him. They were:
l. That he was on the day of his
arrest in possession OF the secret numer-
ical cipher code issued to the Royal
Irish 'Constabulary.
2. That he had this secret code under
his control
3. That he had in his possession a
resolution passed blythe Corporation of
Cork acknowledging the authority OF
and pledging-- allegiance to the Dali
Eireann. document which was likely to
cause disaffection In Ireland.
4. That the speech which he made
when no was elected TO succeed Lord
Mayor MacCuPtain. copy OF which
was in the hands or the Government.
contained seditious utterances and was
likely to cause disaffection.
Called Court Illegal.
MacSwiney declared that the court
was Illegal and offered no defence. When
asked by the court IL he was represented
by counsel he said:
The position Is that am Lord Mayor
Of Cork and chief magistrate of THIS
city, and declare this court illegal, and
that those who take part In it are liable
to arrest under the laws Of the Irish
Republic"
When he was asked to plead, he told
the president of the court
Without wishing to be personal to
you. want to point out that you are
guilty of an act OF presumption to ques-
ton me-"
He refused to make any statement IN
his own defence, declaring that it would
serve only. to attach Importance to the
proceedings.
Capt. Glover. prosecuting attorney,
outlined the prosecution, asserting that
tile four charges against MacSwiney
were grave. but that their gravity was,
increased by the attitude Of the accused.
He declared that the attitude of Mac
Swiney threw greater responsibility on
the court and the prosecutor. adding
that If there was any doubt in proving
The charges the court should construe II
to the benefit OF MacSwiney.
Documents Found I'm Raid.
Capt. Glover said that the documents
OF, which the charges were based were
lOunu curing q RAID q Few days previous
on the City Hail. The papers found. he
said. included a telegram form on the
hack of which were written messages in
cipher which had only been sent out the
day before by the police. The key to
the code. he said. was found in the desk
of the Lord Mayors room.
County Inspector Maunsell identified
the cipher. which. he testified, was used
only by officers of the Constabulary.
II have something to say to this gem
tleman" Interrupted MacSwiney "One
thing relevant about a code is that any
person in possession Of such a code who
Is not a member of the irish Republic
il in criminal conspiracy against the
Irish Republic. Therefore, In giving
that evidence YOU do not indict me, but
yourself"
He declared that the court would have
to realize that the Irish Republic"
really existed, and that. dead or alive"
he would 'be a free man in month"
He was found guilty on counts two
three and four.
A few days later he was put aboard
the destroyer Salmon at Queenstown
and taken to London, where he was
locked up in Brixton Prison.
MacSwiney began his hunger strike