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life span was 61 years*
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Conviction & Transportation
Sentenced to Life
||Freemans Journal Sat 3 Nov 1804 page 2
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Robin Sharkey on 30th March, 2016 wrote:
Owen Clarke was transported for LIFE on “Tellicherry” having been found guilty at the Dublin Commission of stealing out of a dwelling house. He was tried with accomplice Mary Kelly, who suffered the same sentence but did not arrive in NSW.
The jury appears to have purposely valued the stolen items at under the 5shillings that would have required the death penalty as a capital offence. The offence found brought a penalty of life transportation instead.
Clarke and Kelly had, whether unwittingly or not, broken into (although this was not proved) and stolen from the house of the famous Irish Judge, Lord Norbury, who lived in “Cabragh House” on the corner of present day Fassaugh Avenue and Rathoath Road in Cabra, Dublin. Norbury was known as the Hanging Judge.
FJ Sat 3 Nov 1804 page 2
“COMMISSION OF OYER & TERMINER
Thursday, Nov 1
“Mary Kelly, and Owen Clarke, stood indicted for a burglary and robbing out of the dwelling of the Right Hon. Lord Norbury, at Cabra, on the 8th of August last, several articles of wearing apparel belonging to Lady Norbury and certain of her female domestics, three of whom concurred in proving that they perceived, between the hours of five and eight o’clock, on the morning of 9th August, a lattice window attached to the pantry forced, and several articles missing, which had been there the evening before, among which were pewter plates and dishes. The witnesses respectively identified gowns, the loose muslin, and an apron which had been stolen, but knew nothing of the prisoners.
” peasant woman, who lodged in the same house in the vicinity of Cabra proved that she saw the prisoners go out on the preceding evening, and return on the following morning with a bundle of clothes which they set about dividing. They had also melted down some plate. By the attention of Major Swan, one of the offenders was stopped by Mr Whitecraft, a pawn-broker, which led to the discovery of the others. There was discovered on the person of Kelly a loose remnant of muslin, which he identified along with the other clothes that he had discovered in pawn.
“Mr Bethel, Counsel for the prisoners, applied the depositions of the witnesses to the law of burglary alleging that as no evidence was adduced which could positively ascertain the fact of breaking into the house within the hours specified in the statue, viz, from night-fall to day-break, that he trusted that part of the indictment could not be for a moment sustained. The Court, in recapitulating the evidence, recognised the law and coincided in the inference drawn by Mr Bethel, observing however that the fact of stealing out of the dwelling house property to the value of five shillings was a capital felony. The Jury returned a verdict of not guilty of breaking into the house, but guilty of stealing thereout to the value of four shillings. Sentenced to be transported for life.”
Convict Changes History
Robin Sharkey on 30th March, 2016 made the following changes:
convicted at, term: 99 years, voyage, source: Freemans Journal Sat 3 Nov 1804 page 2 (prev. ), firstname: Owen, surname: Clarke, alias1: , alias2: , alias3: , alias4: , date of birth: 0000, date of death: 0000, gender: m, occupation, crime