IRISH FUNDS IN AMERICA.

New Zealand Herald, Volume LIX, Issue 18279, 21 December 1922, Page 9

IRISH FUNDS IN AMERICA.

THE FREE STATE'S SUIT.

FATE OF A REBEL INVOLVED.

OVER f500,000 AT STAKE. By Telegraph—Press Association—Copyright. (Received 7.17 cm.l A. and N.Z. NEW YORK, Dec. 19. Mr. Justice Mullan. in the New York Supreme Court, ruled that if the Irish Free State executes Stephen O'Ma'a, former Lord Mayor of Limerick, before next Wednesday,' it will lose 2,300,000 dollars.

This curious situation arises from a suit brought by the Free State to obtain control of moneys raised in the United States for the Irish Republic. Mr. Justice .Mullan gave representatives of the Irish Republicans in New York the right. to present, testimony from O'Maia. who is now imprisoned by the Free State. The Free State's attorney cabled to Dub Jin and received a reply that if the Supreme Court Commission arrived in Dublin while O'Maia was still in-custody the taking of his testimony would be permitted. The Court ruled that this was unsatisfactory, and ordered the Free State, attorney to cable again to leani whether the Free State would guarantee to keep O'Maia alive until the commission could arrive to take the necessary testi-

mony. The Court will convene next Wednesday to learn from the. Free State's attorney whether this will be guaranteed, but should the Free State in the meantime execute O'Mara the moneys will remain in possession of the adherents of the Republican movement.

Mr. Timothy Smiddy, representing Mr. Michael Collins, obtained a Supreme Court injunction in August last restraining the l)e Valera faction from obtaining 2,300,000 dollars, representing moneys obtained from Irish sympathisers in the United States on bonds issued in the name of an Irish republic. Mr. Smiddy contended that the Irish Free State was a free Ireland, for which Irishmen had been fighting, and was entitled to the funds, although they wero raised in bonds issued in the name of an Irish republic. He asserted that if Do "Valera. obtained the funds he would prosecute further rebellion against the prettent Irish Government, and as a result needless bloodshed would continue. The majority of the people of Ireland, said Mr. Smiddy, favoured the treaty with .Britain. Legal possession of the funds is invested in three trustees, De Valera, Fogt.rty, and O'Mara. Fogarty alone is an adherent of the Irish Free State.