Family campaign sees posthumous pardon for Kerryman hanged in 1895

A roadside monument to John Twiss in Ardmona, Co Kerry. Picture: Pictures of Ireland/ Facebook

A Kerryman executed in 1895 may be given a presidential posthumous pardon following a long campaign by local historians and his descendants.

John Twiss was convicted of the murder of John Donovan on a farm at Glenlara, near Newmarket, Co Cork, and executed in January 1895 based on what an expert has called "flimsy" evidence. 

Justice minister Helen McEntee brought a report on the conviction to Cabinet today, with the Government recommending that President Michael D Higgins should pardon Mr Twiss.

In this case, Dr Niamh Howlin, an expert in 19th-century trial law and an associate professor in the Sutherland School of Law at UCD, was engaged by the Department of Justice to provide a report and to advise upon the safety of the conviction.

Dr Howlin considered the various aspects of Mr Twiss’ case, including the identification evidence, witness testimony, and the conduct of the trial.

Her report reads: "Twiss was convicted on the basis of circumstantial evidence that can best be described as flimsy, following a questionable investigation ... the problematic aspects of this case are like 'strands in a rope' which together lead to the conclusion that the nature and extent of the evidence against Twiss could not safely support a guilty verdict."

On April 20, 1894, James Donovan, a caretaker of a farm from which a family had been recently evicted, was dragged out of his house during the night, beaten, and shot in the arm. 

He was found by a neighbour the following morning still alive, but he subsequently died. He had been in the bedroom of the farmhouse with his seven-year-old son when he was taken from the house.

Within five days, John Twiss was arrested, along with another man, and charged with the murder of John Donovan. The only evidence against Mr Twiss at that time was the identification evidence offered by Mr Donovan's seven-year-old son, who only identified Mr Twiss at the second identity parade, where he was flanked by two police officers. 

Three months after his arrest, police produced two further witnesses, Mary Lyons and John Brosnan.

The trial of John Twiss was held in January 1895, and lasted for three days. The prosecution case was that John Twiss was hired to carry out the murder, and that he travelled 16 miles from his home in Cordal, near Castleisland in Co Kerry, to Newmarket in Cork to kill Mr Donovan, and then travelled the 16 miles back. 

The jury were convinced of his guilt and, on January 9, 1895, sentenced Mr Twiss to be hanged for murder, despite a large public outcry.

Since 1937, only five presidential pardons have been awarded, two posthumously. Descendants of Mr Twiss and local historians have campaigned for his case to be investigated.