Devonshire Characters and Strange Events

“On an impartial (!) consideration of all the circumstances of the case, we are induced to believe it was a premeditated scheme in the mind of Captain Shortland, for reasons which we will now proceed to give. As an elucidation of its origin, we will recur back to an event which happened some days previous. Captain Shortland was, at that time, absent in Plymouth, but before going, he ordered the contractor or his clerk to serve out one pound of indifferent hard bread, instead of one pound and a half of soft bread, their usual allowance. This the prisoners refused to receive. They waited all day in expectation of their usual allowance being served out; but at sunset, finding this would not be the case, they burst open the lower gates, and went to the store, demanding to have their bread. The officers of the garrison, on being alarmed, and informed of the reasons of this proceeding, observed that it was no more than right the prisoners should have their usual allowance, and strongly reprobated the conduct of Captain Shortland in withholding it from them. They were accordingly served with their bread, and quietly returned to their prison. This circumstance, with the censures that were thrown on his conduct, reached the ears of Shortland on his return home, and he must then have determined on the diabolical plan of seizing the first slight pretext to turn in the military to butcher the prisoners, for the gratification of his malice and revenge. It unfortunately happened that in the afternoon of the 6th of April, some boys who were playing ball in No. 7 yard knocked their ball into the barrack yard, and on the sentry in that yard refusing to throw it back to them, they picked a hole through the wall to get in after it. This afforded Shortland his wished-for pretext, and he took his measures accordingly. He had all the garrison drawn up in the military walk, additional numbers posted on the walls, and everything prepared before the alarm bell was rung. This, he naturally concluded, would draw the attention of a great number of prisoners towards the gate to learn the cause of the alarm, while the turnkeys were dispatched into the yards to lock all the doors but one of each prison to prevent the prisoners retreating out of the way before he had sufficiently wreaked his vengeance.

“What adds particular weight to the belief of its being a premeditated massacre are, firstly, The sanguinary disposition manifested on every occasion by Shortland, he having, prior to this time, ordered the soldiers to fire into the prisons, through the windows, upon unarmed prisoners asleep in their hammocks, on account of a light having been seen in the prisons, which barbarous act was repeated several nights successively; that murder was not committed was owing to an over-ruling Providence alone, for the balls were picked up in the prisons, where they passed through the hammocks of men asleep in them: he having ordered the soldiers to fire upon the prisoners in the yard No. 7 prison, because they would not deliver up to him a man who had made his escape from the cachot, which order the Commanding Officer of the soldiers refused to obey;[42 - Neither of these charges was investigated by the Commissioners, as beyond the scope of their inquiry, which was confined to the actual “massacre.”] and generally he having seized on every slight pretext to injure the prisoners, by his stopping the marketing for ten days repeatedly, and once a third part of their provisions for the same length of time. Secondly, He having been heard to say, when the boys had picked the hole in the wall, and some time before the alarm bell was rung, and while all the prisoners were quiet in their respective yards as usual, ‘I’ll fix the d – d rascals directly.’ Thirdly, He having all the soldiers on their posts, and the garrison fully prepared before the alarm bell was rung. It could not of course then be done to assemble the soldiers, but to alarm the prisoners and create confusion among them. Fourthly, The soldiers on the wall, previous to the alarm bell being rung, informing the prisoners that they would be charged upon directly. Fifthly, The turnkeys going into the yard and closing all the doors but one in each prison, whilst the attention of the prisoners was attracted by the alarm bell. This was done about fifteen minutes sooner than usual, and without informing the prisoners it was time to shut up. It was ever the invariable practice of the turnkeys, from which they never deviated before that night, when coming into the yards to shut up, to halloo to the prisoners so loud as to be heard all over the yards, ‘Turn in! turn in!’ while on that night it was done so secretly, that not one man in a hundred knew they were shut, and in particular their shutting the door of No. 7, which the prisoners usually go in and out at (and which was formerly always the last one closed), and leaving one open in the other end of the prison, which was exposed to a cross-fire from the soldiers on the walls, and which the prisoners had to pass in gaining the prison.

“It appears to us that the foregoing reasons sufficiently warrant the conclusions we have drawn therefrom. We likewise believe, from the depositions of men who were eye-witnesses of a part of Shortland’s conduct on the evening of the 6th April, that he was intoxicated with liquor at the time, from his brutality in beating a prisoner, who was then supporting another, severely wounded; from the blackguard and abusive language he made use of; and from his having frequently been seen in the same state: his being drunk was of course the means of inflaming his bitter enmity against the prisoners, and no doubt was the principal cause of the indiscriminate butchery, and of no quarter being shown.[43 - Both Dr. Magrath and Lieut. Avelyn deny in their depositions that on this occasion Captain Shortland was intoxicated.]

“We here solemnly aver, there was no preconcerted plan to attempt breaking out. There cannot be produced the least shadow of a reason or inducement for that intention, the prisoners daily expecting to be released, and to embark on board cartels for their own native country. And we solemnly assert, likewise, that there was no intention of resisting, in any manner, the authority of the government of this depôt.

Some points in the above account deserve comment. It is obvious that it is an entirely one-sided version of what took place. The committee do not mention that after the gates to the inner yard had been fastened, the prisoners pressing against it, and by means of some iron tool, broke the lock and burst the gate open. Nor do they state that the prisoners assailed the soldiery with abuse and with stones. They do not state that Shortland gave the order to fire – only that he fired the first shot. There is conflicting evidence relative to the order given; but there is good evidence that Shortland fired the first shot.

The charge of a prearranged massacre need not be seriously entertained. Apparently Shortland was thoroughly frightened and lost his head and acted with extraordinary indiscretion.

The order of events seems to have been this: —

1. A hole was knocked through a wall, not an outer wall of the prison, but one dividing the yards, by some boys after their ball. This was reported to the Governor, who was alarmed, and fancied that an attempt was being made by the prisoners to get at a few stacks of arms; but there was no ammunition in the guard-house. There was a sentinel in the yard, and there were soldiers about. That this hole-breaking was done by the boys was proved afterwards by evidence taken. The hole was knocked in open daylight and in the afternoon, so that there could have been no sinister object contemplated.

2. When Shortland saw the hole it was just about the time for locking up; and the warders had begun to do this, and had locked all the doors of the prison houses except one in each for the ingress of those who were still in the yards. There was no evidence that this was done purposely before the proper time.

3. He ordered the alarm bell to be pealed and kept ringing, so that the prisoners did not hear the summons to all to go within. This was the real fact.

4. Then, surprised by the ringing of the bell, the prisoners in the several houses ran out, and pressed against the gate fastened with a chain; and one with a bolt or bar broke the chain, and with the pressure of the crowd the gate was burst open, and the prisoners surged forth into the outer or market square, which was also supplied with an iron gate, then open.

5. Shortland thereupon drew up the militia across the yard, and going before the line of soldiers, remonstrated with the prisoners and urged them to retreat; but this they were unable to do, owing to those who had entered the outer yard being pushed forward by those behind.

6. Thereupon he ordered the military to charge with fixed bayonets; and as the prisoners were slow in retiring, he or some one else or the soldiers on their own initiative fired on the crowd, and drove them through the inner gate into the inner yard, where the soldiers were assailed with insulting epithets, and some stones were thrown at them.

7. Some of the military ran up on the platform of the outer wall, and thence enfiladed the flying prisoners. There was no evidence that Shortland had placed these men on the wall before this took place.

8. Shortland then, possibly, retired into the outer yard and busied himself with the wounded, and left the military to do as they thought best in the inner yard, where they continued to fire volleys, driving the frightened prisoners in at the doors of their respective houses, fired in on them huddled together inside through the doorways and windows.

9. Major Joliffe at the time was in the barrack half a mile from the prison, when news reached him, whilst at mess, that there was a riot in the prison. He at once called out his grenadiers and marched to the prison, where he found firing going on, and he entered the inner yard and stopped the firing. The firing was done by the Somersetshire and Derbyshire militia.

10. Shortland at the same time or a little earlier, and conjointly with Joliffe, urged the soldiers to cease from firing.

Such, as far as can be made out from the account given by the witnesses on oath, both before the coroner and, subsequently, before the magistrates and the commissioners, appears to have been the sequence of events. Captain Shortland was not drunk at the time; indeed, as Dr. Magrath, the prison surgeon, testified that “having observed him on the evening of the 6th, no man could be more free from it; and from my acquaintance with him and with his general habits in his family, I do not think any man can be more abstemious.”

Governor Thomas George Shortland, Captain, R. N., gave his account on oath later, before the commissioners, and from it he appears to have been unarmed and in undress. His account is very confused, and speaks for the condition of his mind at the time – that he had lost his head, and did not know well what he did or did not do. It shall be given verbatim, only omitting unimportant particulars: —

“On the evening of the 6th, a little before 7 o’clock, Mr. Holmsden, 1st clerk, came to my house and informed me there was a disposition of the prisoners to be riotous, as they had got between the railings and wall of No. 7 yard; in consequence, I walked down to the upper gate. On coming there, I was informed the prison barrack wall had been breached. I went to the yard and saw a large hole, and the military guarding it under an officer whom I since know to be Lieutenant Avelyn. On getting to the breach I observed the prisoners using an iron bar to enlarge it. I remonstrated and told them it was the prison barrack-yard, and that it would be dangerous for them to attempt to force in; the prisoners shouted and threw stones through the breach, and still continued at times to enlarge it. I then heard some one say they were breaking the wall above the cook-house in the prison barrack-yard, and nearly at the same time there was a call out that they were forcing the lower gates, while I was still in the lower barrack-yard. I immediately left the yard and Lieutenant Avelyn followed me, leaving the breach with a party and a sergeant. When I arrived at the blacksmith’s shop I saw a rush of prisoners between the iron rails under the platform: the gate was at this time forced, and the prisoners were without the gates in the market square, where they are not allowed to be. Seeing this, and having in my mind the breach in the barrack wall and the reported breach above the cook-house, bearing this in mind with the reported threats that had been constantly told me that the prisoners would liberate themselves on or before the 10th April, I ordered the alarm bell to be rung. At this time part of the west guard, which is called the piquet, had gone round to turn the prisoners out of the railway in No. 7 yard, and another part of the same piquet was in the barrack-yard; so that the force was reduced to the north guard only; Lieutenant Avelyn formed that guard and marched down into the market square. I preceded them, and about half-way down the guard formed in a line, keeping their left close to the hospital wall. At this time I should suppose there were from 4 to 500 prisoners in the market square; I was perfectly unarmed, and went down to remonstrate with them, using all persuasions in my power to make them return to their prisons, stating that the military guard was formed about them, and it was dangerous to attempt to use force. I was at this time about six paces in front of the guard, and the prisoners kept still pressing up, and pressing me on the military; they appeared to want to get round the left of the military, keeping close to the hospital wall. At this time I looked back,[44 - “He went down with the military with both hands in his breeches pockets.” Evidence of James Carley, turnkey.] and said, ‘For God’s sake, soldiers, keep your ground!’ bearing in mind that there was not a single soldier above these to prevent escape through the outer gates. Almost immediately, about twelve or fifteen soldiers charged down towards No. 1, towards the hospital gates, about 5 or 6 paces, and they returned into line again. I was still at this time in front and had gone forward again, urging the prisoners who had retreated when a discharge of musketry took place. While I was in that position, being to the right of the centre of the guard, and not near the hospital wall, a musket ball grazed my temple in that discharge, when I retreated into line with the soldiers; the prisoners retreated and advanced again, and about this time Major Joliffe gave the orders to fire, conceiving he had done so from seeing the Major appear at the moment. Indeed in a former conversation with General Brown, in the presence of Major Gladding, being asked if an attempt were made to resist the authority of the depôt I should order the military to fire, I told General Brown as well as the Major, that I did not think myself authorized to command the military to fire, because it was their duty to do it when they thought it necessary. I don’t recollect a suspension of the ringing the bell and then commencing again; it was a continual ringing; I ordered it in consequence of seeing that the prisoners had broken through the breach in the wall, and the other reported breach. I did not hear any orders to fire. It must be understood that I was with the prisoners, who were making a great noise, hurrahing and rioting at the time… I was not out of the market square until all the firing had ceased. I was not in No. 7 yard until an hour after the whole was over. I recollect a man coming up the market square with a wounded man, and after being told to go away he would not, and I gave him a push; he said that I must recollect I had struck him, but I made him no answer. Taking into consideration the apparent temper and resolution of the prisoners, and my remonstrances having no effect, I do not think they could have been driven back without firing.”

Captain Shortland dated the commencement of the antipathy of the prisoners towards him from the time when he got the Transport Board to prosecute some men for tattooing others.

The evidence of Captain Shortland is remarkably meagre and unsatisfactory. According to him, every one acted on his own initiative, and he himself had little to do in the matter but make useless expostulations. He says nothing about the fastening of the inner gate being broken. The charge with bayonets took place without his orders, as did also the firing on the prisoners. But he made the astounding statement that in his opinion the military might fire on the prisoners if they saw fit, without having received orders to do so. But he believed that Major Joliffe had ordered the volleys, whereas Major Joliffe with the grenadiers did not arrive till the firing had begun and was in progress.

On 8 April, a coroner’s inquest was held at the prisons, by Joseph Whitford, coroner; the jury consisted of Dartmoor farmers, and they returned a verdict of “Justifiable homicide.” But the American representative demanded a further examination, and accordingly Mr. Larpent, an Englishman, and Charles King, an American, were appointed to investigate the matter; and their investigation was made on 26 April. When their report was sent to Mr. Adams, the Minister of the United States to the British Court, it was accompanied by a letter from Charles King, in which he states his own independent opinion.

“In considering it of much importance that the report, whatever it might be, should go forth under our joint signatures, I have forborne to press some of the points which it involves, as far as otherwise I might have done; and it therefore may not be improper in this letter to enter into some little explanation of such parts of the report. Although it does appear that a part of the prisoners were, on that evening, in such a state and under such circumstances as to have justified, in the view which the commander of the depôt could not but take it, the intervention of the military force, and even in a strict sense the first use of firearms, yet I cannot but express it as my settled opinion, that by a conduct a little more temporizing this dreadful alternative of firing upon the unarmed prisoners might have been avoided… When the firing became general, as it afterwards appears to have done, and caught with electric rapidity from the square to the platforms, there was no plea nor shadow of excuse for it, except in the personal exasperation of the soldiers: nor for the more deliberate, and therefore more unjustifiable, firing which took place into three of the prisons … after the prisoners had retired into them, and there was no longer any pretence of apprehension as to their escape.

“As to whether the order to fire came from Captain Shortland, I yet confess myself unable to form any satisfactory opinion, though perhaps the bias of my mind is that he did give such an order.”

I now subjoin the report signed by both Commissioners: —

“During the period which has elapsed since the arrival in this country of the account of the ratification of the Treaty of Ghent, an increased degree of restlessness and impatience of confinement appears to have prevailed amongst the American prisoners at Dartmoor; which, though not exhibited in the shape of any violent excesses, has been principally indicated by threats of breaking out, if not soon released. On the fourth of the month in particular, only two days previous to the event, the subject of this inquiry, a large body of the prisoners rushed into the Market Square, from whence by the regulations of the prison they are excluded, demanding bread instead of biscuit, which had on that day been issued by the officers of the depôt. Their demands, however, having been then almost immediately complied with, they returned to their own yards, and the employment of force, on that occasion, became unnecessary.

“On the evening of the 6th, about six o’clock, it was clearly proved to us, that a breach or hole had been made in one of the prison walls, sufficient for a full-sized man to pass; and that others had been commenced in the course of the day, near the same spot, though never completed; that a number of prisoners were over the railing, erected to prevent them from communicating with the sentinels on the walls, which was, of course, forbidden by the regulations of the prison; and that, in the space between the railing and these walls, they were tearing up pieces of turf, and wantonly pelting each other in a noisy and disorderly manner. That a much more considerable number of the prisoners were collected together at that time, in one of their yards, near the place where the breach was effected; and that, although such collection of prisoners was not unusual at other times (the gambling tables being commonly kept in that part of the yard), yet when connected with the circumstances of the breach, and the time of day, which was after the horn (the signal for the prisoners to retire to their respective prisons) had ceased to sound;[45 - This contravenes the statement made by the prisoners in their memorandum.] it became a natural and just ground of alarm to those who had charge of the depôt.

“It was also in evidence, that in the building formerly the petty officers’ prison, but now the guard barracks, which stands in the yard, to which the hole in the wall would serve as a communication, a part of the arms of the guards who were on duty were usually kept in the racks; and though there is no evidence that this was in any respect the motive which induced the prisoners to make the opening in the wall, or even that they were acquainted with the fact, it naturally became at least a further cause for suspicion and alarm, and an additional reason for precaution.

“Upon these grounds Captain Shortland appears to us to have been justified in giving the order, which about this time he seems to have given, to sound the alarm bell, the usual signal for collecting the officers of the depôt, and putting the military on the alert. However reasonable and justifiable this was, as a matter of precaution, the effects produced thereby in the prisons, but which could not have been intended, were most unfortunate and deeply to be regretted. A considerable number of prisoners in the yards where no disturbance existed before, and who were either already within their respective prisons, or quietly returning as usual towards them, immediately upon the sound of the bell, rushed back, from curiosity, towards the gates, where, by that time, the crowd had assembled; and many who were absent at the time from the yards, were also, from the plan of the prison, compelled, in order to reach their own homes, to pass by the same spot. And thus, that which was merely a measure of precaution, in its operation increased the evil it was intended to prevent.

“Almost at the same instant that the alarm bell rang (but whether before or subsequent, is upon the evidence doubtful, though Captain Shortland states it positively as one of his further reasons for causing it to ring) some one or more of the prisoners broke the iron chain which was the only fastening of No. 1 gate, leading into the Market Square, by means of an iron bar; and a very considerable number of the prisoners immediately rushed towards that gate, and many of them began to press forward as fast as the opening would permit into the square.

“There is no direct proof before us of previous concert or preparation on the part of the prisoners, and no evidence of their intention or disposition to effect their escape on this occasion, excepting that which arose by inference from the whole of the above detailed circumstances connected together.

“The natural and almost irresistible inference to be drawn, however, from the conduct of the prisoners, by Captain Shortland and the military, was, that an intention on the part of the prisoners to escape was on the point of being carried into execution, and it was at least certain that they were by force passing beyond the limits prescribed to them at a time when they ought to have been quietly going in for the night.

“It was also in evidence that the outer gates of the Market Square were usually opened about the time to let the bread-wagon pass and repass to the store, although at the period in question they were, in fact, closed.

“Under these circumstances and with these impressions necessarily operating upon his mind, and the knowledge that if the prisoners once penetrated through the square the power of escape was almost to a certainty afforded to them, if they should be so disposed, – Captain Shortland, in the first instance, proceeded down the square, towards the prisoners, having ordered a part of the different guards, to the number of about fifty only at first (though they were increased afterwards) to follow him. For some time, both he and Dr. Magrath endeavoured by quiet means and persuasion to induce the prisoners to retire to their own yards, explaining to them the fatal consequences which must ensue if they were refused, as the military would in that case be necessarily compelled to employ force. The guard was by this time formed in the rear of Captain Shortland, about two-thirds of the way down the square: the latter is about one hundred feet broad, and the guards extended nearly all across. Captain Shortland, finding that persuasion was in vain, and that although some were induced by it to make an effort to retire, others pressed on in considerable numbers, at last ordered about fifteen file of the guard, nearly in front of the gate which had been forced, to charge the prisoners back to their own yards.

“The prisoners were in some places so near the military that, one of the soldiers states, he could not come fairly to the charge, and the military were unwilling to act as against an enemy.[46 - Captain Shortland pretended that the soldiers charged without his having given the command – all evidence to the contrary. The Commissioners did not believe him.] Some of the prisoners also were unwilling and reluctant to retire, and some pushing and struggling ensued between the parties, arising partly from intention, but mainly from the pressure of those behind preventing those in front from getting back. After some little time, however, this charge appears to have been so far effective, and that with little or no injury to the prisoners, as to have driven them for the most part quite down out of the square, with the exception of a small number who continued their resistance about No. 1 gate.

“A great crowd still remained collected after this in the passage between the square and the prisoners’ yards, and in the part of those yards in the vicinity of the gates. This assemblage still refused to withdraw, and according to most of the English witnesses, and some of the American, was making a noise, insulting and provoking and daring the military to fire; and according to the evidence of several of the soldiers, and some others, was pelting the military with large stones, by which some were actually struck. This circumstance is however denied by many of the American witnesses; and some of the English, upon having the question put to them, stated that they saw no stones thrown previously to the firing, although their situation at the time was such as to enable them to see most of the other proceedings in the square.

“Under these circumstances the firing commenced. With regard to any order having been given to fire, the evidence is very contradictory; several of the Americans swear very positively, that Captain Shortland gave the order, but the manner in which, from the confusion of the moment, they describe this part of the transaction is so different in its details, that it is very difficult to reconcile their testimony. Many of the soldiers and other English witnesses heard the word given by some one, but no one of them can swear it was by Captain Shortland or by any one in particular, and some, amongst whom is the officer commanding the guard, think if Captain Shortland had given such an order, that they must have heard it, which they did not. In addition to this, Captain Shortland denies the fact, and from the situation in which he appears to have been placed at the time, even according to the American witnesses, in front of the soldiers, it may appear somewhat improbable that he should then have given such an order.[47 - David Spencer Warren, one of the witnesses, said: “Captain Shortland, when he told them to fire, was in front, one soldier beside him. They might have fired at his side or over him without hurting him.”] But, however it may remain a matter of doubt whether the firing first began in the square by order, or was a spontaneous act of the soldiers themselves, it seems clear that it was continued and renewed both there and elsewhere without orders, and that on the platform, and about the prison, it was certainly commenced without any authority.

“The fact of an order having been given at first, provided the firing was under the existing circumstances justifiable, does not appear very material in any other point of view, than as showing a want of discipline and self-possession in the troops if they should have fired without orders.

“With regard to the above most important consideration of whether the firing was justifiable or not; we are of opinion, under all the circumstances of the case, from the apprehension which the soldiers might fairly entertain, owing to the number and conduct of the prisoners, that their firing, to a certain extent, was justifiable in a military point of view, in order to intimidate the prisoners, and compel them thereby to desist from all acts of violence, and to retire as they were ordered, from a situation in which the responsibility of the agent and military could not permit them with safety to remain.

“From the fact of the crowd being so close and the firing at first being attended with very little injury, it appears probable that a large proportion of the muskets were, as stated by one or two witnesses, levelled over the heads of the prisoners, a circumstance in some respects to be lamented, as it induced them to cry out ‘blank cartridges,’ and merely irritated and encouraged them to renew the insults to the soldiery, which produced a repetition of the firing in a manner much more destructive.

“The firing in the square having continued for some time, by which several of the prisoners sustained injuries, the greater part of them appear to have been running back with the utmost confusion and precipitation to their respective prisons – and the cause for further firing seems at this period to have ceased. It appears accordingly, that Captain Shortland was in the Market Square exerting himself and giving orders to that effect, and that Lieutenant Fortye had succeeded in stopping the fire of his part of the guard.

“Under these circumstances it is very difficult to find any justification for the further renewal and continuance of the firing which certainly took place both in the prison yards and elsewhere, though we have some evidence of subsequent provocation given to the military, and resistance to the turnkeys in shutting the prisons, and of stones being thrown out from within the prison doors.

“The subsequent firing appears to have arisen from the state of individual irritation and exasperation on the part of the soldiers who followed the prisoners into their yards, and from the absence of nearly all the officers who might have restrained it, as well as from the great difficulty of putting an end to a firing when once commenced under the circumstances. Captain Shortland was from this time busily occupied with the turnkeys in the square receiving and taking care of the wounded. Ensign White remained with his guard at the breach, and Lieutenants Avelyne and Fortye, the only other subalterns known to have been present, continued in the square with the main bodies of their respective guards.

“The time of day, which was the officers’ dinner hour, will in some measure explain this, as it caused the absence of every officer from the prison whose presence was not indispensable there. And this circumstance, which has been urged as an argument to prove the intention of the prisoners to take this opportunity to escape, tended to increase the confusion and to prevent those greater exertions being made, which might perhaps have obviated at least a portion of the mischief which ensued. At the time that the firing was going on in the square, a cross-fire was also kept up from several of the platforms on the walls round the prison, where the sentinels stand, by straggling parties of soldiers who ran up there for that purpose.[48 - This disposes of the allegation of the prisoners that Shortland had placed the soldiers there before the ringing of the alarm bell.] As far as this fire was directed to disperse the men assembled round the breach, for which purpose it was most effectual, it seems to stand upon the same ground as that in the first instance in the square. But that part which it is positively sworn was directed against straggling parties of prisoners running about the yards and endeavouring to reach the few doors, which the turnkeys, according to their usual practice, had left open, does seem, as stated, to have been wholly without object or excuse, and to have been a wanton attack upon the lives of defenceless and, at the time, unoffending individuals.

“In the same, or even in more severe terms, we must remark upon what was proved, as to the firing into the doorways of the prisons, more particularly into that of No. 3 prison, at a time when the men were in crowds at the entrance.

“From the position of the prison and of the door, and from the marks of the balls, which were pointed out to us, as well as from the evidence, it was clear the firing must have proceeded from soldiers a very few feet from the doorway; and though it was certainly sworn that the prisoners were at the time of part of the firing, at least, continuing to insult and occasionally to throw stones at the soldiers, and that they were standing in the way of and impeding the turnkey who was there for the purpose of closing the door – yet still there was nothing stated which could in any view at all justify such excessively harsh and severe treatment of helpless and unarmed prisoners, when all idea of escape was at an end.

“Under these circumstances we used every endeavour to ascertain if there was the least prospect of identifying any of the soldiers who had been guilty of the particular outrages here alluded to, or of tracing any particular death, at that time, to the firing of any particular individual, but without success, and all hopes of bringing the offenders to punishment should seem to be at an end.

“In conclusion, we the undersigned have only to add, that whilst we lament, as we do most deeply, the unfortunate transaction which has been the subject of this inquiry, we find ourselves totally unable to suggest any steps to be taken as to those parts of it which seem most to call for redress and punishment.

    “(Signed) CHARLES KING,