Dublin Evening Mail, Afternoon January 21, 1868
Arrest in Queenstown. – Cork, Tuesday. – Thomas Allen, brother of the man executed at Manchester, was brought before the magistrates here to day, suspected of participation in the attack on the martello tower at Foaty and the robbery of revolvers at Mr. Allport’s. The witnesses failed to identify him, and he was discharged.
Cork Examiner, January 21, 1868
Arrest of Allen’s Brother – On last evening, about half-past five o’clock, Head Constable Geale and a party of police arrested in the city Thomas Allen, the brother of William Philip Allen, who was executed at Manchester. The young man had only arrived from Bandon, where his family reside, a few days before, and was arrested on a charge of treasonable practices.
Cork Examiner, Wednesday Morning, January 22, 1868
Yesterday, Thomas Allen, who had been arrested in this city on the previous evening, was discharged from custody by the magistrates at the police office. It was suspected that he had been concerned in the late mysterious Fenian raids in this city, but on his being confronted with Mr. Allport, Mr. Daunt, and the occupants of the Martello Tower at Foaty, none of them were able to identify him as having been amongst their visitants.
Police Office, Yesterday – Cork Examiner – January 22, 1868
(Before Mr. Harrington)
Thomas Allen, the young man who was arrested on Monday evening on a charge of treasonable practices, was called.
Head Constable Geale said that he was not ready to go on with the case, as Mr. Hamilton was not present.
Mr. Blake, on behalf of the prisoner, objected to the putting off of the case for anybody. Mr. Hamilton was no more than any other Magistrate, and he did not understand the prisoner being kept waiting for him.
Head Constable Geale said that Mr. Hamilton would be in Court in a few minutes.
Mr. Blake said that was a ground of delay he could understand; but he could not understand waiting for Mr. Hamilton, who was no more than any other Magistrate. |H|e (Mr. Blake) had come down from the sessions court at a great inconvenience to appear for this man, and he should get the case on.
After the lapse of about a half an hour,
Mr. Blake said he would ask to have the man brought up. Head Constable Geale was there and the witnesses he required were also there.
Mr. P. O’Connell, Crown Prosecutor, said Mr. Hamilton would be in court in a few minutes.
Mr. Blake – I don’t see what Mr. Hamilton has to do with it. I think Mr. Harrington is able to dispose of the case as well as Mr. Hamilton.
Mr. O’Connell said that the arrest was only made the night before, and there was not much time to look after the case since.
Mr. Blake – What’s the charge preferred against the man?
Mr. Humphries – The charge on the sheet is for treasonable practices.
Mr. Blake – I am here to defend the man, and want to have it gone on with.
Mr. O’Connell – I will remand him for any time you like.
Mr. Blake – I won’t wait for it. I will throw up the case.
Head Constable Geale – There are witnesses that I must bring forward.
Mr. Blake said the witnesses were in court a short time before that, and had been taken out again. He wished the case to be disposed of now.
Mr. O’Connell – Mr. Hamilton was told of the case and he will be here in a few minutes.
Head Constable Geale – I have sent a messenger again for the witnesses. I cannot force them against their will.
Mr. Blake – I will tell you what to do with the man. Remand him for a few days and allow him out on bail, and then I will be ready to meet the case.
Mr. O’Connell – Oh, no, that cannot be done.
Mr. Blake – But why not go on with the case? Why should Mr. Hamilton be waited for? Who are the magistrates for the week?
Mr. O’Connell – If Mr. Hamilton was here now himself he could not go on with the case.
Mr. Blake – First it was Mr. Hamilton, and now it is for the witnesses that the case is waiting. (To the constable) what good did you do with the men you had here?
Head-constable Geale – There are here convenient, but I want others besides.
Mr. Humphreys – What do you say if you put the man forward and then remand him for witnesses?
Head-constable Geale – I am quite satisfied, but I am ready to swear an oath that it is for witnesses I am waiting for.
Mr. Blake said that he came down from the other court to attend this case, but he could not neglect his clients, and the only alternative he had was to give up the last case he got. He could not wait any longer, and he thought it was for that object the case was postponed. (He then left the court).
In about half an hour Mr. Hamilton came into court, and soon after Head-constable Geale said that he was ready with his witnesses.
A messenger was then despatched for Mr. Blake, who answered that he could not attend.
Mr. Hamilton said it would be better to go on with the case without him.
The prisoner’s aunt who was in court said that she would wish the case postponed until Mr. Blake could attend.
Mr. Hamilton asked what was her object in wishing the case to be remanded. If there was nothing to substantiate the charge brought against him, he (Mr. Hamilton) would discharge the prisoner.
The Prisoner’s sister was then sent for Mr. Blake again, but she returned with the same answer as the other messenger.
Mr. Hamilton said he did not see that there was any great object in Mr. Blake being present.
Mr. O’Connell said he thought it would be the most prudent course to adopt at present to let the witnesses see the prisoner in company with a number of others, as it was all a question of identification.
Head-constable Geale said that there were a number of witnesses in the bridewell yard ready.
Mr. Hamilton then, in company with Mr. O’Connell, the prisoner’s sister and aunt, and the constable, proceeded to the bridewell yard where the prisoner was among five others.
The first witness called was Mr. Allport, Patrick-street. He said he could not identify any one present as being at the seizure of gunpowder at his shop. An assistant in the shop was then called, and could not identify any of them either.
The two Artillerymen who were stationed at the Martello tower were next called, one after the other, and asked if they could identify any of the young men as being present at that outrage, but they failed to do so. One of their wives, also, was asked the same question, but she also failed to identify any of them.
Head constable Geale then said that he had no more witnesses to examine and that he would not apply for a remand.
Mr. Hamilton told the prisoner that he was discharged, whereupon he was set at liberty. – The court adjourned.