A tale of two pigs

Hello All,

I thought that some may be interested in the following Irish trial which was posted recently by Cathy Joynt Labath on the Irish newsgroup.

After the appropriate approval was granted by King George IV, the said Thomas Kelly was then transported beyond the seas to New South Wales. He arrived into Port Jackson per Asia I on 22 February 1825. This ship's third voyage had taken 116 days.

Regards, Peter Mayberry Tuggeranong ACT Australia Site for Irish convicts to NSW 1791-1827

****************** THE CONNAUGHT JOURNAL

Galway, Monday, August 9, 1824

CARLOW buttIZES VERY IMPORTANT TRIAL

Thomas Kelly was indicted for stealing two pigs the property of James Doyle, of Browne's-hill, in the county of Carlow, which two identical pigs the said Kelly afterwards sold in Newtownbarry, in the county of Wexford, some Saturday in the month of June last.

Jonathan David Clarke, Esq. stated the case for the Crown with his usual eloquence and legal knowledge. -

He said, that the pigs had been stolen on the day or night laid to the indictment, out of a certain house, belonging to the prosecutor; that the said two pigs were of a considerable value, and let the Gentlemen of the Jury, who were probably all owners of more or less pigs - let them, he would say, put the matter to their own feelings as men conversant in the pig-trade, what must be the disappointment of the prosecutor when he found that his two excellent pigs had been stolen. This practice of pig-stealing had risen in a most alarming height, and if not checked in its progress by the corrective of legal punishment, there was no saying where it would end- there was no man who could calculate on the safety of his pigs for one hour.

He hoped and trusted the Gentlemen of the Jury would give the subject all the consideration which so important a case deserved, and if they clearly saw, by the evidence which should be produced before them on the trial, that they clearly saw, by the evidence which would be produced before them on the trial, that the charge of stealing would be fully brought home to the prisoner at the bar, he must anticipate the conviction of the unfortunate pig-stealer. But, if on the other hand, they should entertain a rational doubt either of the personal idenbreasty of the pigs, or of the prisoner's guilt, his Lordship would tell them that the prisoner was enbreastled to the benefit of that doubt, and, consequently, to acquittal. In their hands he should confidently leave the case, after he should produce the necessary evidence- to Gentlemen of their vigorous minds and enlightened understanding he felt that it was unnecessary to say another word on the subject, and he should not, therefore, trespbutt further on their time, or on the time of his Lordship.

After Counsellor Clarke sat down, considerable time was lost in identifying pigs. The most accurate description that could be given was, that they were Connaught pigs with short tails.

Mr. Hawthorn, a weaver, was produced as an evidence to identify the pigs - he stated that he lived between the Church and the Chapel, and appeared very indignant at being called a mongrel by one of the Lawyers.

He proved - Quere, what did he prove?

On his cross-examination he said he was a loyal Protestant- and a sodger with a good kerecter.

Isaac B. Bethel, Esq., Barrister at Law, and Mr. Barrett, Attorney, at the same calling, volunteered for pure humanity sake, to defend the prisoner.

Mr. Bethel showed considerable ingenuity, and a very profound knowledge of law, in his defence of he pig-stealer. He quoted several Statutes both ancient and modern, which made it imperative on the prosecutor to identify the pigs. It had been stated, he said, by Learned Counsel on the opposite side, that the pigs which had been conveyed from and out of the custody of the prosecutor, were Connaught pigs with short tails. Now, with great deference to that Learned Gentleman, he, (Mr. Bethel), would confidently buttert that chickened tails were, time immemorial, a characteristic mark of Connaught pigs - and this he could account for by reference to physical causes, were it not that he feared to trespbutt too long in the attention of the Court.

After the case had been closed, his Lordship delivered an elaborate charge to the Jury on the manifold mischiefs which the crime of pig-stealing caused in society - and the Jury, after a short consultation, found the prisoner - Guilty.

Cathy Joynt Labath Ireland Old News