THOMAS BARRY, Solicitor for Prisoner to D. Thurston, July 21, 1866

Mr. Barry to Mr. Thurston

Dear Sir: In this matter I was engaged professionally by the prisoner (a suspected Fenian) to apply for his admission, to bail, on a charge of treason. I prepared the necessary papers and applied to the chief justice of the court of queen’s bench for bail and habeas corpus, but both were refused by him. The only evidence against him is that of one Detective Armstrong, who states that in February last he was in Fort Erie, saw the prisoner there, who said he was a Fenian, and was in Canada for the purpose of getting places in which to store arms to be brought from the United States; that Armstrong attended a Fenian meeting with prisoner at that time, and he reported the facts to the collector of customs at Fort Erie. The collector corroborates the fact as to the report. The prisoner was arrested at Fort Erie on the 6th of June last, which place he visited by written pass of her Majesty’s consul in Buffalo, for a peaceable purpose. The pass bears that date, 6th June last. The prisoner lived and was employed in the United States for some considerable time previous to his arrest.

He has lately been removed to the new jail here and incarcerated with the other suspected Fenian prisoners.

I would feel obliged by your bringing the prisoner’s case under the notice of your government, as the case is one of great hardship, in which I think they should interfere.

I am, sir, with deep respect, very truly yours,