“Two Men Pardoned for 142-Year-Old Wrongful Conviction”

In the historical calendar of Ireland, the year 1882 is chiefly known for the Phoenix Park homicides. The then newly appointed chief secretary to Ireland, Lord Frederick Cavendish along with the enduring under-secretary, Thomas Burke, were violently struck down whilst taking a leisurely stroll in a Dublin park on May 6th.

This infamous incident marked the climax of the Land Wars, which spanned from 1879 to 1882, leaving the nation in turmoil. In retaliation, the UK governing body enacted the Prevention of Crime (Ireland) Act, which proposed the harshest punishments for aggressive protest.

It was amidst such heated conditions that the murder of a respected landlord in Co Kerry led to the execution of two local men. A farmer named Thomas Browne was brutally slain whilst tending to his lands in Dromulton, near Scartaglin, on October 3rd, 1882. Browne, described in court as an industrious man with a commendable reputation, had procured a considerable farm in partnership with two ex-tenants.

Accused of his murder were Sylvester Poff from Mountnicholas, and his first cousin, James Barrett. Their conviction was based on the inconsistent testimony of the only witness, Bridget Brosnan, whose account varied considerably. Initially, she alleged that three men were responsible for Browne’s murder before revising her statement to two. According to Brosnan, Browne was shot by two men in long, dark coats, yet her descriptive details failed to align with Poff or Barrett’s appearance.

Brosnan, the lone eyewitness, failed to convince the exclusively male jury in the initial trial. When the judge inquired if a verdict had been reached, the jury responded, “Not a chance”. A second jury was then assembled, consisting of some wealthier locals who had been alarmed by the escalating chaos resulting in the death of Arthur Herbert, a magistrate and land agent, near his residence in Castleisland, Co Kerry on March 30th, 1882.

Despite their insistence on their innocence, Poff and Barrett were found guilty of the crime in December 1882. Barrett asserted, “I never injured a hair on a man’s head.” Equally, Poff claimed he was as innocent as the Saviour, stating that he had no involvement in the murder, proclaiming to the judge, “We are as innocent as you are.”

Last month, a decision was made by the Cabinet to propose posthumous presidential pardons for Poff and Barrett, acknowledging the historical time has proven them innocent. It’s the fourth occurrence of such a proposal, as characterised by Justice Minister Helen McEntee, a rare event indicating a very high criterion being met.

Christopher Poff was born amidst the Great Famine in 1846 and was involved in the Land Wars. In July 1881, his family, including his wife and four children, were forcefully removed from their land, thereafter seeking shelter with neighbours. A narrative from that period noted Poff’s calm relinquishment of his land and highlighted his family’s subsequent dependence on a neighbour’s hospitality.

Born from Palatine descents, his ancestors were Protestant who migrated to Kerry in the 1740s or 1750s from Germany as a response to religious discrimination. Over the ensuing 130 years, they converted to Catholicism. While many Palatines flourished in the flax business in Ireland, Poff struggled financially. He received assistance from the Land League post-eviction and, like others during that time advocating for land rights, was jailed.

Barrett, a man in his twenties, resided in Dromultan with his father, recognized as a “respectable farmer”. He maintained a clean record, confirming his innocence and inexperience with weaponry post-conviction.

Despite being unable to identify a motive behind their alleged murder of Browne, the jury convicted the two nonetheless. It’s likely they were punished not for Browne’s murder, but Herbert’s – the latter’s murderer remains unidentified. The murder trial was deemed unjust even by Victorian standards, with Irish Nationalist MP Edward Harrington denouncing it as a politically motivated act six years later.

“I genuinely believe that not a single local from Kerry would hold him accountable. I vow on my oath, firmly stating that I am convinced of his innocence, as clear as anyone present in the courtroom.”

The prevalent perspective now is that potential perpetrators of Browne’s demise could have been local miscreants, namely Jack Cathy Connor and George Twiss. The latter hails from a previously affluent family that had met with financial misfortune.

Volunteers from the Castleisland Heritage Centre have assumed responsibility for the case, dedicating years to its in-depth study.

Over 140 years have passed since the hanging of Poff and Barrett in Tralee Gaol, and the presidential pardon, though granted, has come far too late to alleviate the unjustified shame suffered by their immediate family members, who were unfairly tarnished by the association to condemned murderers.

Condividi