Michael Comyn (6 June 1871 – 6 October 1952) was an Irish barrister, Fianna Fáil Senator and later a judge on the Circuit Court.
He was also a member of the British Civil Service, geologist, discoverer and operator of mines, and finally "litigant in one of the longest cases ever heard in the Irish courts".
Despite being transferred to Burton Salmon, Yorkshire, in his last year at the King's Inns, which meant he was not able attend the required lectures, he persisted.
Clifford and O'Sullivan', 1921 Comyn represented two of the 42 men under sentence of death from a military tribunal for possession of arms.
In 1920, two proclamations were announced, one by Viscount French, the Lord Lieutenant, putting certain areas including County Cork under martial law and the second by the British Commander-in-Chief in Ireland Sir Nevil Macready requiring all civilians who did not hold a permit to surrender all arms, ammunition and explosives by 27 December of that year.
Failure to comply meant that any unauthorised person found in possession of arms, ammunition or explosives, would become liable to trial by Military Court and on conviction the sentence was death.
The Prohibition sought was that the Military Court was in fact illegal and therefore had no jurisdiction to try the applicants or to adjudicate in any matter related to them.
On 16 June 1921 (just six weeks after the verdict of the Military Court) the case appeared before the House of Lords in London for hearing on the Preliminary objection.
On 28 July 1921 (only 10 weeks from the original trial by Military Court), Their Lordships, 4 from Scotland and Lord Atkinson from Ireland, gave judgment, which was most unsatisfactory.
[6] James Comyn cites the Clifford and O'Sullivan[3] case as a leading authority in the field of constitutional law.
Michael Comyn revealed later that King George V became aware of the details about the 42 men facing the death penalty.
[6] "In Michael Comyn's view the case had been brought to an end through the intervention of King George V, who, he said, secured a promise from the prime minister that no executions would take place and that Peace would be made".
He also took part in some significant inquests notably the two that arose with the deaths of Cathal Brugha and Harry Boland with the intention to disrupt them on behalf of the IRA.
In the Irish Civil War in Cork in 1922, Erskine Childers operated the printing press turning out anti-Treaty propaganda.
While staying with his cousin Robert Barton (one of the signatories of the treaty) in Wicklow, he was captured by the forces of the Irish Free State Government.
His capture made headlines and it is reported that it was noted with satisfaction by Winston Churchill who said he was a "mischief making renegade" and added "Such as he is may all who hate us be".
Then with Patrick Lynch, Comyn went to the High Court, presided over by Sir Charles O'Connor, and conducted a spirited fight based purely on technical grounds.
Before the appeal was heard, news came in an announcement from London, that Childers had been shot at dawn on 24 November at Beggar's Bush Barracks.
He said "It was a complete negation of justice, the worst I have ever known, to execute a man whose case for life or death was actually under argument and awaiting judgment".
It is said that on the advice of Gavan Duffy and Comyn to the Irish Free State that they could withhold payment of the land annuities to Britain.
On de Valera's accession to power, he expected to be made attorney general but was passed over in favour of Conor Maguire.
The following week, however, Comyn defeated the outgoing Leas-Chathaoirleach, Michael F. O'Hanlon of Fine Gael, by twenty-six votes to twenty-five.