In December 1882, Sylvester Poff and James Barrett were convicted of murdering Thomas Browne in Co Kerry and were executed in Tralee Gaol in January 1883.
Two men dressed in dark coats were seen by a neighbour entering the field before Mr Browne was shot several times. Mr Poff and Mr Barrett were tried twice before special juries in Co Cork over the murder after the jury in the first trial failed to reach a verdict. Coercive legislation was passed in July 1882 to clamp down on crimes such as murder, treason, arson, attacks on dwelling-houses and crimes of aggravated violence.Dr Niamh Howlin, an expert in 19th century trial law and an associate professor at the Sutherland School of Law in UCD, was asked by the Department of Justice to undertake an independent external review of the case.
Dr Howlin’s report also found that there was no direct evidence against Mr Poff and Mr Barrett, with the prosecution resting on circumstantial and contradictory evidence of one witness. The Department of Justice said the a granting of a presidential pardon should be offered only in the most deserving of circumstances.
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