 Neilson, now with responsibility for finalising plans for the looming rebellion, decided that Fitzgerald was too valuable to do without and decided to try and rescue him from Newgate Prison in Dublin.Wary of confiding his plans too early for fear of betrayal, Neilson went on a reconnaissance of the prison but was spotted by one of his former jailers, and after a fierce struggle, he was overpowered and dragged into the prison.Neilson was indicted for high treason and held in Kilmainham Jail with other "state prisoners" for the duration of the doomed rebellion outside.