Evening star., 1922-11-23
CH|LDERS' HABEAS
CORPUS PLEA FAILS
Illegal Trial Motion, Based on
Lack of Kings Permit,
OverruIed.
ENGLISH URGE CLEMENCY
Free State Supporters Appeal for
Release of Miss MacSwiney
on Ground Of Mercy.
ENGLISH URGE CLEMENCY
EN the Associated Press.

BY the Associated Press.
DUBLIN, November GA writ OF
habeas corpus was refused Erskine
Childers. lieutenant of Eamonn De
Valera. by the master of the rolls to-
day.
To an application by Patrick Lynch,
Childers' counsel. for stay of execu-
tion, the judge replied that he could
not give it. as he had no jurisdiction.
In refusing the writ Of haheaS cor
nus the master declared he must take
judicial notice of the fact that soutn-
ern Ireland had been enduring state
y of war for months and that plainly II
was the duty of the government
whether provisional or finally consti-
tuted to preserve and save the c"un-
try from destruction. Force must De
met by force.
Own Act to Blame.
ChilGers had entered the CT, i cour:
for protection while prociaimlnS
himself a soldier of the Irish repub-
lir The answer must be that the
courts jurisdiction was ouSted by the
state of war. which Childers himself
had helped to. produce.
The ma aster held that his ruling also
anpIied to the eight other prisoners
whose names have not been an
I"unced.
The main contention of counsel for
Childsrs Yesterday was the denlal OF
all authority by the Irish government
except BY consent of King George
" hich had not been requested IN COIL
nection with the decree OF the govern
ment establishing military courts IN
Ireland Mr. comyns. for Childers, IN
sisted that the military We're actlhs
under orders of the provisional gov
erunent The government was IKE
in t'npl1nd-!t
kings government. 1t was no"
faced bv a state of disturbance car
ried on by the same men and under
the same methods as the lnsufrec-
ton against the king in 1920
He argued that no ofhcer OF the
king could execute man for the pos
session of arms. Mr.. Comyns invited
the master of rolls to take judicial
notice cf the fact that he now sat
.,Iuder the protection of officers ana
men of th. kings army Quartered In
Phoenix Park.
Master Denies Charge.
"I am bound to say that l never see
them here" interjected the master. 1
see the army of the Free State.
The unseen power is in the park
and the marionettes are at the gate
replied Mr.. Comyns.
The Dublin newspapers yesterday
printed an appeal for clemency for
t'hi!ders sent by English puhicists to
the Irish government.
Mary MacSwiney enters today upon
the nineteenth day of her hunger strike !:
her sister, Annie. similarly is hunger
striking at the gates of Mount JOY,
where she took up her vigil last Friday.
All day and all night Annie MacSWlney
sits there in an armchair propped up by
mattresses. She is attended by few
women and girls, who take turns in
keeping her company. and there is
nurse present.
But on the whole, the fast of neither
sister has attracted anything like the
public sympathy heretofore accorded to
hunger strikers. No news of Mary'S
condition reaehes the outside world, and
daily bulletins so frequent in the past.
have disappeared.
Little Sympathy shown.
General expressions of sympathy have
rot been manifest until lately but now
appeals. including some from Free State
supporters. are reaching the government,
urging Mss MacSwiney's release on the
plea of Christian mercy. Daniel Cork
cry, noted Irish novelist and poet has
issued an eloquent letter in her favor
Nevertheless. interest in Dublin is
not evidenced by crowds outside of
Mount Joy. where there are never
more than a few sympathizers.-
Mary MacSwihey in a message sent
yesterday to '1relandS friends in
AMERICA" expresses appreciation for
The many messages of sympathy and
for the action taken by the women
of the United States against her i'm
priSonment.
whether l am released. or whether,
like my brother. my sacrifice is to be