The Express.
London, England, 1868-02-19 00:00:00

THE FL lAN PROSECUTIONS.

DISCHAECZ OF ALLEN.

Yesterday the chief magistrate, Sir Thoau•
Henry. again sat specially at the Polioe-court, Bow.strest,
to proceed with the examination of William Desmond,
Timothy Desmond, Nicholas English, James O'Neill, John
O'Keefe, Jeremiah Allen, Miehael Barrett, and Anne Jos-
tle., on the charge of wilful murder of the persons killed
by t►e Cli•rk, swell explosion. The ordinary business of
the court w • conducted at the police-station opposite
before Mr. Flowers. _ _ _ _

After the prisoners bad been placed at the bar,
Mr. Gifferd, on the part of the crown, said the evidence
was complete as against some of the prisoners, whom he
should ask the magistrate to commit for trial ;
hut with regard to Allen there were certain facts
upon which he bad to ask for Sir Thomas henry's judg-
ment. In the statement which Allen had made to the
police, and which would be corroborated by the evidence
of Inspector Thomson, Allen did not say, what, never-
theless, was the truth, that he had previously been in
communication with the police, and had mentioned to
them something about a plot to rescue the prisoners Burke
and Casey, by attacking the van on its way from
the police court to the prison—in feet, somewhat
after the Manchester _ model. In this statement

there were a variety of circumstances fraught with
suspicion. First of all, though • stranger, ho was in such
intimate communication with Anne Justice that she stated
to him what, if she did so, it would be hie duty to men-
tion to the police, namely, that Casey had told Lac to in-
form her brother that the authorities were probably aware
of what they intended to do, as they would not la the
prisoners leave the cell for exercise. It seemed almost
thattat hLtshould not at once have
communicatedial to the polite. Further,
when the explosion took place, he was found
flying with Anne Justice, and not as might have bees ex-
pected, siring and detaining her, and saying "This is one
of the parser who was concerned in it." However, he
(Mr. Giffard) could well understand that from the nature
of the catastrophe it might throw a man off his balance,
and he could not, therefore, ask the magistrate to send
Allen for trial on this charge. I must here merlon (eon-
tinned Mr. Giffard) that it was stated to the coroner's jury
by. a constable that Allen had said that he was sent to the
prison by the police, and I think it would have been very
desirable that the jury should have waited till Inspector
Brennan, then confined to his bed by inners should be
sufficiently recovered to attend and give ovkisnee, and
that they should not have hurried on in the excitement
which so terrible an event was, I admit, calculated to
create, to find hastily a verdict of wilful murder el
Allen. I sin sure you would not have permitted him
to be committed for trial from this court without
a full investigation of the truth or falsehood of
that statement. At the same time it le only jostles
to the coroner's jury to say that there merely was
a strong ere of suspicion against Allen, and it wee
no answer for him to allege that he was in ern-
munication with the police, because that might have been
with a view to distract their attention from the real point
of danger, which, as it now appeared, was not that to
which the communication tended to direct them. There
does not appear to have been any intention to make an
attempt on the rear, and to put the authorities on a false
Kent is the favourite trick of those who desire to betray
while pretending to serve them. If there had been no far-
ther evidence, I should, therefore, have considered the ere
one in which the jury would have been justified in finding
a verdict against Allen. But the fact thatAllendidactuslly
suggest to the police that a watch should be kept on pee.
sons visiting the prison is in his favour, and that which
makes the vital difference is, that Bulkily, the princi-
pal approver, sires full account of the origin, rise, pro-
gress, and execution of the plot, and from first to last he
makes no mention of Allen. It seems to me impossible
to suppose that Allen could have been a party to the plot,
and that it should not be known to Bittllany. Under
these circumstances, if your judgment, air, concurs with
mine, I don't feel that I ought to ask you for a committal ;
for on these facts I think it would be impossible to ask
an jury to convict him.
• impactor Thomson and Inspector Brennan were then
examined.

Sir Thomas Henry—Mr. Giffard, after hearing this
evidence I think that the prisoner Allen ought not to be
put on his triaL Certainly till Mullany gave his evidence
suspicion was very strong against Allen, and even after
that, until I beard the evidence which has been given to.
day, I think, perhaps, I should have put him on Isis trial.
But I now think that though he was there. it was not
with the intent of aiding and abetting in that explosion,
but with • view of obtaining information against the
others. Perhaps be did not do all that he ought to
have done; and certainly he sated in • way to create
great suspicion against himself ; but I think he was not
a party to the crime, and I shall order him to be dis-
d.
charge
As he left the dock Anne Justice, who had been as usual
accommodated with • seat, and who appeared more ailing
and feeble than on former occasions, rose from her lest
with sudden energy, and cried, " Les me speak to you, sir.
All that man says is lies."
Sir Thomas Henry—You will have an opportunity
hereafter.
Hr. Giffard mid that the ease for the crown was now
complete, and he was ready to ask for a committal ; but he
had • letter from Mr. Lewis, who wished for a =mend, to
give Dim an opportunity of calling witnesses for O'Neal.
Ths prisoners were again remanded.
Allem, though discharged by Sir Thomas Henry, and
liberated from the custody of the gaoler of the court,
was not suffered to go at large. As he wee leaving be
was stepped by Inspector Potter, who took his in cus-
tody maw coroner's warrant, and removed him in • nab
to Nowt*, to be tried for murder on the finding of the
weenies jury. This circumstance was dollar= unknown
to his fellowsnifionas, fee O'Keefe, as be was entering
the van, turned towards the crowd and called oat, " Good
LT% Allen," evidently supposing that he would be
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