The Irish Civil War: Law, Execution and Atrocity

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The Irish Civil War

but palatable to the Irish electorate. It was a heavy burden.19 Not all of the ministers were weighed down by responsibility. Eoin MacNeill was writing what would become his most famous monograph on ancient Irish legal history: Franchise or Law. A big man with gold spectacles and a heavy grey beard, buried in Brehon law tracts, he occasionally waved away requests to go down to his office. In the long evenings, ministers and their wives gathered in the main lounge, but the women became a source of friction and they were soon evicted, while the men smoked, talked, read newspapers or played endless games of bridge that MacNeill often won. The only senior figure absent was Mulcahy, the new commander in chief. Mulcahy kept long hours at GHQ Portobello and spent the rest of the time at his home next door and did not often attend cabinet meetings. Kevin O’Higgins distrusted the army and also General Mulcahy in equal measure. O’Higgins was right about the National Army – it was malleable, riven by cliques and honeycombed with IRB members who were now without their leader (Collins). O’Higgins’ suspicions of General Mulcahy would prove to be entirely misplaced: the general, dark, wiry and a little intense, was driven by his work and, for the time being, was oblivious to the suspicions of his colleague. It was still the war that dominated events. The casualties in the fighting grew on both sides and the National Army lost some of their best men – shot down in ambush or occasionally shot in the street or leaving church.20 In the streets of Dublin, anti-Treaty fighters threw grenades and planted mines with a singular lack of regard for civilian casualties. In the face of all this, the government began to formulate the execution policy and while this was developing a new trend became apparent. There began a covert campaign of the kidnap and murder of men suspected or believed to be involved in the anti-Treaty cause. A review of inquests in the Dublin area alone shows that during the civil war thirteen suspected anti-Treaty men were kidnapped from their homes or


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