IRISH-AMERICAN FUNDS.

Auckland Star, Volume LIII, Issue 308, 29 December 1922, Page 5

IRISH-AMERICAN FUNDS.

FREE STATE SEEKS CONTROL.

THE LIFE OF A TRUSTEE.

NO GUARANTEE GIVEN

NEW YORK, December 28

The Irish Free State lias informed Mr Justice Mullan, of the New York Supreme Court, through its counsel, that no guarantee can bo given that Stephen O'Mara, whose testimony is required in the suit brought hy the Free State to obtain control of moneys raised in America "ill not be executed.

\lv. .lustiee Mullun expressed surprise, and .-aid that it was extremely doubtful that the Free State could come into Court as plaintiff, and then kill the one defendant, lie authorised the appointment of a commission to proceed to Dublin to take O'Mara's testimony, but he refused to indicate his action should O'Mara be executed before the commission fulfilled its purpose. — (A. and X.Z.)

A fund of 2.300,000 dollars was raised by Irish sympathisers in America |>y means of bonds issued in the name of the Irish Republic for the purpose of securing the freedom of Ireland. A dispute arose as to the disjw>sition of the fund, with the licpiiWicana and tllp Fr, ' e tatc party claiming it. Mr. T. Smiddy. representing Mr. Michael Collins, obtained a Supreme Court injunction in August last restraining the lie Valera faction from obtaining the funds, contending that the Irish Free State was the fretIreland for which Irishmen had been fighting, and was entitled to the funds. He asserted that if De Valera obtained the funds he would prosecute further rebellion against the present Irish Government, and as a result n-edless bloodshed would continue. Legal possession of the fluids is invested in three trustees. Do Valera, Bishop Fogarty, and O'Mara. Bishop Fogarlv alone is an adherent of the Irish Free State, ,De Valera is in hiding, and O'Mara is a prisoner of the Free State. Mr. Justice Mullaii pave representatives of the Irish Republicans in New York the right to present testimony from O'Mara. The Free State's attorney cabled to Dublin and received a reply that if the Supreme Court Commission arrived in Dublin while O'Mara was still in custody the taking of his testimony would lie permitted. The Court ruled that this was unsatisfactory, and ordered the Free State attorney to cable again to learn whether the Free State would guarantee to keep O'Mara alive until the commission could arrive to take the necessary testimony.