A Millstreet Miscellany (3) - Aubane Historical Society

He stated the man asked him for his name and address, and asked him to hold the firearm
and ammunition until the following night. Con was not willing to do so but accepted.
He said he did not know about the Martial Law or he would not have taken them from the
man; there were no public notices posted up within four of five miles of his home place. However,
the prosecutor later mentioned that the proclamation had received all the necessary publicity in the
various districts.
Con then told the court that none of his family knew about the incident. Nevertheless, his
brother, Denis Murphy was charged on two counts; firstly for not informing the RIC that his brother
had a revolver in his possession and secondly for failing to inform the Competent Military
Authority that his brother was in possession of revolver ammunition not under effective military
control.
Con was then detained in Cork Military Barracks and was briefly transferred to Cork Gaol,
before being brought back to Cork Military Barracks for his execution by Firing Squad on February
1 st
1921. Denis, who was still detained, was called at dawn to speak to his brother. Con's parting
sentiments were,
"Tell the boys they have nothing to worry about. There is no need to move anything. They
[the authorities] have been told nothing... It is as well to die now as it is at any other time... Give
my love to all" [Denis Murphy's prison diary.]
Capt. Con's charge and consequent execution set precedent for further executions of
Republicans with the same charge. The novelty of the law as well as its injustice sent the
Republican community into a state of shock; this was a time of reprisals, where houses were being
burned and those who opposed the Black and Tans suffered severely.
Although the harsh sentence bestowed upon Captain Murphy was a symbol of intolerance
on the part of the RIC- Proclamation No. 1 states,
"..her [Great Britain's] sole object in declaring MARTIAL LAW is to restore peace to
a distracted and unhappy country; her sole enemies are those who have countenanced,
inspired and participated in REBELLION, MURDER and OUTRAGE.
It is to put an end, once and for all, to this campaign of CRIME that MARTIAL LAW
has been declared."
His execution was considered differently by some in Westminster; British Cabinet member
and former Attorney General, Lord Birkenhead led the public outcry which questioned the
abandonment of basic legal rights in Ireland. Lord Birkenhead's impartial stand at the injustice of
the execution shows how the British began to reconsider their position on their policing in Ireland.
"...The most essential duty, because the ability to enjoy the other rights...can only be
guarded by the ability to defend citizenship...Ireland armed will make a better bargain with the
Empire than Ireland unarmed. "
[Padraig Pearse, at the establishment of the Irish Volunteers; regarding the right to bear
arms].
I think Pearse's theory was the reason for the initiation of Martial Law; if the Irish were
defenceless they would be easier to govern. It also caused anger in Ireland as Pearse called the right
to carry arms, "The proudest right". This was a step too far for Republicans who were fed up with
inequitable laws introduced by an Empire.
Con was as much a hero as the last two soldiers to die before Firing Squad- James Connolly
and Sean McDiarmuid, however his name and sacrifice have been celebrated in a smaller
community. As Lieutenant General Sir H. Lawson said,
"It is no exaggeration to say that, as a class, they represented all that was the best in the
countryside."
Most of all, his dedication, life and the manner of his death were proof that the spirit of the
1916 Rising remained unbroken.
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