Limerick Evening Post and Clare Sentinel

26 March 1830

Tralee Assizes

  Michael and Thomas BRYAN, decent-looking farmers, were indicted for stealing thirty sheep, the property of a Lady of rank and Fortune, in the Co. Kerry.
  Mr. George BENNETT, K. C. conducted the prosecution, and this case brought home to the prisoners, in whose respective houses eight carcassed of mutton, salted, were found concealed, and a large quantity of wool, when an objection in point of law was taken by their Counsel, Mr. Howell WALSHE, who said that they had been given in charge upon two indictments—the one laying the property in the prosecutrix, and the other in persons unknown; whereas the witness then on the table could prose they were the property of a third person.   Baron PENEFATHER—Prove that, and the prisoners must be acquitted.   Here a very amusing scene took place between the Counsel—the Gentleman (Mr. SEALY) who was the last witness for the prosecution—the Counsel endeavouring to elicit from the witness an admission that his uncle was the present husband of the Lady who prosecuted, and the witness protesting against speaking to anything he did not know of his own knowledge; he swore that he did not know they were married, and that he heard no evidence.
  Mr. WALSHE (to the Jury).—Well, Gentlemen, you have all heard his snswer.
  Baron PENEFATHER—Yes, and it dosen't answer you.
  After an in effectual attempt to get witnesses to prove the marriage, the learned Baron charged the Jury, who found both the prisoners guilty—to be transported for life.
  [It seems the Lady, above alluded is(sic), is in the possesson of a large jointure, which she holds on condition of her not marrying a second time.]

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