
October 2016 4 7
to be in possession of the five bound volumes now
held in the UK National Archives. However, there
is no verifiable record that these volumes were
shown to anyone in that period. Rather than show
the diaries, the Intelligence chiefs had decided to
prepare typescript pages and to show these to
influential persons, journalists, editors, politi
-
cians, churchmen and others. They told these
persons that the typescript pages were authentic
copies of original diaries written by Casement.
They failed to provide any proof that the typescript
pages were copies of anything written by anyone.
The proof which they did not provide would have
been exhibition of the bound volume diaries now
in the UK National Archives. No explanation has
ever been proposed for this failure.
Today there are five bound volumes in the UK
National Archives. Their existence today does not
prove their existence in the period 25 April to 3
August 1916. That the bound volume diaries were
not shown in that period means there was some
impediment to showing them. The protagonists –
Blackwell, Thomson, Hall, Smith and others – had
the strongest of motives for showing the bound
volume diaries which they said had been discov-
ered but they did not do so. The impediment
certainly existed and it was such that these pow-
erful men neither jointly nor singly could overcome
it. Therefore it was out-with their joint power to
show the bound volume diaries in that period. This
circumstance indicates that the impediment could
not have been overcome by anyone in England at
that time – not even by the monarch. In this regard
these powerful men had touched the limit of their
human power.
The question is therefore not about forgery or
authenticity but about the material existence of
the bound volume diaries at that time. The absence
of verifiable evidence that the bound volume dia-
ries existed before August 3, 1916 means that
questions about authenticity are meaningless.
What first requires to be proved is their existence
in that period before August 3. Those who claim
the typescripts were true copies have now had 100
years to produce evidence of the existence of the
bound volumes in that period. That they have not
produced the necessary evidence indicates that
they too have been unable to overcome the imped-
iment which defeated their powerful predecessors,
Thomson, Smith, Hall etc. In these circumstances
an impartial court of law would decide to act as if
the bound volume diaries did not exist at that time
and would dismiss a case for their authenticity as
being un-tryable. The case for the typescripts
being copies at that time could not be tested or
proved without verifiable independent evidence
that the bound volumes existed before August 3.
Thus the case in favour of the material existence
of the bound volume diaries before August 3 rests
entirely on the word of Thomson, Hall, Blackwell,
Smith and others and these are the people who at
that time were circulating typescripts which
depicted Casement as “addicted to the grossest
Those who claim the
typescripts were true
copies have now had 100
years to produce evidence
of the existence of the
bound volumes in that
period
Levels of Proof
sodomitical practices”. These persons can only
be considered as hostile witnesses by virtue of
their uncontested behaviour. There are no neu
-
tral witnesses who testified to seeing at that
time any of the bound-volume diaries now in the
UK National Archives. Absence of proof of exist-
ence of the bound volumes at that time entails
that no proof of their authenticity can be
derived. That no proof of authenticity can be
derived entails that - until such proof of exist-
ence is provided - the veracity or falsity of the
typescripts cannot be considered. Ei incumbit
probatio qui dicit, non qui negat; the onus of
proof rests on the accuser, not on the defence.
If questions about authenticity are meaning
-
less due to lack of conclusive evidence after 100
years, claims favouring authenticity do not rest
upon verifiable facts or upon independent tes
-
timony. Therefore such claims rest upon an
induction which excludes the normal apparatus
of reasoned proof, a process which is indeter-
minate, untestable and unprovable, akin to that
of faith.
That there is no independent witness to the
existence of the bound volumes at any time
before August 3, 1916 means that their continu-
ous existence from 1903, 1910, and 1911 can
only be presumed because it cannot be proven.
That the Intelligence chiefs did not show the
bound volumes to any independent witness
during the three-month period up to August 3 is
an extraordinary omission but it cannot have
been an oversight given their joint plan to
destroy Casement’s moral reputation. Therefore
the presumption that the bound volumes
existed before August 3 is groundless because
unsupported by verifiable facts or the testimony
of independent witnesses. That the bound
volume diaries are effectively ‘date stamped’
proves only that they are date stamped but does
not constitute a verifiable fact that they existed
on those dates. The anomalous behaviour of the
Intelligence chiefs was nonetheless intentional
and intentional behaviour is that which is felt to
be necessary. Therefore they felt it necessary to
show typescripts rather than bound volumes.
That necessity compelled them to exclude
showing the bound volumes. Such a necessity
indicates that there was no option; the bound
volumes could not be shown by any of the Intel
-
ligence chiefs at any of the many recorded
showings of the typescripts. An impartial
person, indifferent to the political equations,
would be irresistibly drawn to the conclusion
that the bound volumes held in the UK National
Archives could not be shown in that period
because they did not exist before August 3;
therefore they cannot be authentic Casement
writings. The search for reasonable alternative
explanations being exhausted after 100 years,
the impartial person would regard this as satis
-
fying the 0.91 probability threshold required for
proof beyond reasonable doubt.