a hole had been broken through the wall in the prison No. 7 by the
boys, to get at their balls, he was going to see it; and hearing the
alarm bell rung, he went into the Market Square, having found the gate
open,[51] and there were about a dozen prisoners in the square, and a
great many more followed after him; he was going up to see what the
alarm bell was rung for, when he saw the troops entering the outer gate
of the square, and Captain Shortland was with them. That as the troops
came through the gate, they were paraded across the square; and this
informant saw Dr. Magrath at the left of the troops, talking to about
a dozen prisoners, advising them to go down to the prison quietly.
That at this time there was a considerable body of prisoners in the
rear. That Captain Shortland was in front of the troops, speaking to
one man, who wanted to say something to him; but it appeared that the
captain would have no conversation with him, and pushed him from him
twice, when the man turned about and was going down slowly.[52] The
captain then turned him round and ordered the troops to charge their
bayonets, twice; but they did not do so until they were ordered by
one of their own officers, and then the troops charged their bayonets
and the prisoners were forced on before them, and Dr. Magrath, being
in front, stepped in between two bayonets, and got to the rear. That
this informant stepped aside, and got between two sentry-boxes, and
the troops passed him; and by this time the prisoners were forced to
the gate, had got inside the prison, and shut the gate after them; but
Captain Shortland, who was in front of the troops, shoved the gate
open, and this informant thinking it was a good opportunity for him to
get in, pushed on between two men, and then saw that Captain Shortland
had hold of a musket, and immediately that musket was discharged; but
whether Capt. Shortland pulled the trigger or not, this informant does
not know, and immediately after there was firing at the left. That
Capt. Shortland had ordered the troops to fire before he took hold of
the musket, but he was not obeyed, and then took hold of the musket,
and he believes the soldier had hold of it at the same time. That
just after the firing at the left, as he, this informant, was passing
between two men, one of whom had discharged his musket, this man was
hauling his musket back to stab this informant, and before he drew it
past this informant, he, this informant, unshipped the bayonet, and
threw it on the ground, and then pushed off the bayonet on the left,
with his arm, and got in round the gate, when the soldiers immediately
fired another round, and he saw a man fall. That this informant stopped
a few minutes, and the soldiers fired several rounds, and the soldiers
were firing from the walls up the prison. That two rounds were fired
into the prison door, which killed one man and wounded another.”
_John Arnold_, steward of the prisoners, was engaged with Odiorne
in unlading the bread-wagon, when he heard the alarm bell rung, and
the drums beat to arms, and the horns sounded; “And soon after this
informant saw a great body of prisoners between the railing and the
Market Square.... That Captain Shortland came into the square, and the
soldiers marched in with their officers. That this informant ordered
the wagon away, and just then the prisoners burst open the gate and
rushed into the Market Square in a very large body.... That the
soldiers were formed across the square, and had advanced in a body ...
when the soldiers charged upon the prisoners, but this informant did
not hear any order to charge given, and this informant thinks, that
from the noise made by the prisoners, it was impossible to hear any
word of command.” After describing the charge, he asserts that “stones
were thrown at the military.... That this informant never heard Captain
Shortland give any directions to the soldiers to fire, and he was so
near Odiorne, that if orders had been given which he might have heard,
he, the informant, must have heard also. And this informant further
saith, that the firing was very irregular, and it did not seem like
firing in obedience to order; and this informant further saith, that it
appeared to him the soldiers were in danger from the stones thrown at
them by the prisoners.”
_William Gifford_, private in the 1st Regiment of Somerset Militia,
was posted as sentinel at the inner gate. “That this informant saw
a prisoner who broke the lock of the gate, where this informant was
sentinel, with an iron bar, and the prisoners rushed out as fast as
they could come, crying out ‘Keeno’; whereupon the alarm bell was
rung, and part of the north guard came into the Market Square, and
Capt. Shortland was with them ... that Capt. Shortland ordered the
soldiers to charge, which they did, and forced the prisoners almost to
the prison gate ... that the prisoners began to throw stones at the
soldiers, and this informant saw several of the men’s caps knocked off
with the stones ... this informant heard the word ‘Fire!’ given by some
person, but by whom he does not know; that this informant immediately
heard a discharge of musketry, and saw that the muskets were presented
in the air; that the prisoners still continued throwing stones, when
the soldiers began to fire towards the prisoners, and this informant
afterwards saw two men lying in the market-place, apparently dead.
That the soldiers then went into the different prison yards to turn
the prisoners in, and this informant heard some firing in the yards.
That Major Joliffe had the command of the 1st Somersetshire Regiment
of Militia, but he was not present when the first firing commenced....
That this informant was near to Capt. Shortland, and he never saw Capt.
Shortland with a musket in his hand, or attempt to take a musket; if he
had, he, this informant, thinks that it was impossible for him not to
have seen it. That he never heard Capt. Shortland give any orders to
fire, and the informant was so near him, that he thinks he must have
heard him, if he had given any such orders.”
_James Groves_, private in the 1st Regiment of Somerset Militia, was
sentinel in the barrack yard, and gave evidence that at 5 p.m. or
thereabouts a ball was thrown over the wall. He was relieved at 6 p.m.,
and by that time no attempt had been made to knock a hole in the wall.
_David Spencer Warren_, citizen of the United States. On hearing the
alarm bell he went to the gate, which was already burst open, and the
prisoners had got into the Market-yard. “A number of soldiers were in
the square, and Capt. Shortland was at the head of one party of them,
and he was forming a line across the yard, which after he had done, he
told them to charge. That the soldiers did charge on the prisoners, who
ran back into the prison yard, and as they got inside the gate, they
flung one of them to. That Capt. Shortland ordered one of the soldiers
to fire, and immediately there was a soldier with his musket turned to
the right, and Capt. Shortland caught hold of the musket and pointed
it towards a man that stood by the gate, and said, ‘God d---- you,
fire!’ that directly after this a fire of musketry became general. That
this informant did not see any of the officers with the soldiers when
Capt. Shortland gave the orders to fire. That after the firing began he
saw some stones thrown by the prisoners over the wall into the square.”
_James Greenlaw_, a citizen of the United States, heard the alarm bell
ring, and went to the railing giving admission to the Market Square,
which was already burst open, and some prisoners in the square. “At
the same time he saw the troops coming through the market-gate, with
Capt. Shortland at their head, and saw him form the men in one line,
extending across the square, and he then ordered them to charge,
whereupon the prisoners retreated into the prison yard, when the
informant heard Capt. Shortland give orders for the soldiers to fire
upon the prisoners, whereupon this informant ran into No. 4 yard, for
shelter, and saw two black men fall. That as soon as this informant
thought the firing had ceased, he ran up towards the grating to speak
to Capt. Shortland, and asked him if he would allow him to speak to
him, when Capt. Shortland said, ‘No, you d---- d rascal!’ whereupon
two soldier officers put their swords through the iron railing towards
the informant, and one soldier pricked him with his bayonet. That
this informant then retreated into No. 3 yard, and he then heard two
distinct volleys.... That this informant did not see any stones thrown
until the firing had commenced, and then he saw two stones thrown over
the wall.”
_Thomas Burgess Mott_, citizen of the United States, gave evidence as
to the firing on the prisoners from the walls, and at the door of No. 5
prison.
_Enoch Burnham_, citizen of the United States, gave very similar
evidence. He confirmed the statement made by Andrews in his narrative
of the murder of the man against the wall.
_Robert Holmden_, first clerk to Captain Shortland, had informed the
Governor of the breach in the wall and went with him to inspect it.
“Whereupon Captain Shortland ordered the alarm bell to be rung; and as
soon as the guard could be collected, he went with them into the Market
Square.... He heard one shot fired, which was followed by several
others. He did not go down among the prisoners, or see what took place
there.”
_Homer Hull_, citizen of the United States, saw a man with a bolt in
his hand break the lock of the gate. “Just at the time the gate was
forced open, he saw some soldiers come into the Market Square; when
Capt. Shortland gave the soldiers orders to charge, and the soldiers
accordingly charged; when the prisoners retreated into the prisons, and
one of them shut to the gates; then the soldiers marched down a little
further, when Capt. Shortland ordered them to fire.... That he did
not see any stones thrown before the musketry began to be discharged,
but afterwards he saw a stone thrown from the prison yard towards the
square.”
_Robert McFarlane_, assistant surgeon at the prison, had assisted Dr.
Magrath to persuade the prisoners to retire. “This informant heard no
order to fire. Capt. Shortland was at the south end of the guard, and
this informant thinks if he had given orders to fire he must have heard
it--that at the time the first musket was fired nearly one-third of
the Market Square was filled with the prisoners, making a great noise
in a very riotous and disorderly manner, and stones were thrown by the
prisoners from all quarters.”
_John Tozer_, turnkey, gave testimony of no importance.
_Joseph Manning_, sergeant of the 1st Somerset Regiment of Militia, was
sent by Captain Shortland to fetch Major Joliffe, “who put himself at
the head of the grenadiers, and before Major Joliffe had gone ten yards
from the south guard gate the firing commenced. That it was impossible
for Major Joliffe to give orders to fire, as he was not near the spot
when the firing first began.”
These are all the depositions taken before the coroner. Others taken
before the commissioners were as follows:--
_John Rust_, one of the prisoners and one of the Committee that drew
up the report already given. “About 6 o’clock in the evening I came
from the place where I was taking supper, and persuaded the prisoners
to leave the breach. At the time I went to the breach the horn had not
sounded; it sounded but a few minutes before the firing. I heard the
alarm bell ring before the firing took place. The firing continued at
intervals about fifteen minutes.... I saw nothing of the firing in the
Market Square.”
_John T. Trowbridge_, another of the Prisoners’ Committee, made no part
of the report from his own knowledge.
_John Boggs_, another of the Committee, “made no part of the report
from my own knowledge.”
_Amos Wheeler_, sergeant of the north guard, “was ordered by Capt.
Shortland to march to the Market Square; the officer of the guard
was not then with it.... There were not many prisoners in the Market
Square when our guard entered. The alarm bell had rung before we
marched. When we entered, the prisoners were endeavouring to burst the
gates below.... When they had succeeded in bursting them there was a
great rush towards the soldiers. They threw stones at the soldiers
before there was any firing. They were not armed with anything that I
saw.... Captain Shortland ordered the soldiers to bring their muskets
down to the charge. I believe Capt. Shortland was in front of the
guard, at this time, desiring the prisoners to go back. I saw none
of the prisoners wresting the arms from the soldiers. I saw none of
them attempt to seize the arms.... I heard no order to fire, nor do I
know how it began; did not hear any of the prisoners challenging the
soldiers to fire.... I did not see the officer of the guard at this
time. The firing was in an independent manner, three or four muskets
being discharged at a time. After the firing commenced the prisoners
began to retire towards their prisons. I did not hear any cheering
among them, or see them rally after the fire.... I did not go into the
prison yard.”
_John Saunders_, private in the 1st Regiment of Somerset Militia. “I
was with the first party of soldiers that marched into the Market
Square; at that time the gate was broken open the prisoners were coming
through in a crowd. The alarm bell rang at the time we reached the
west guard-house; the officer of the guard was with us, I believe. I
believe it was he who ordered us into the square.... Capt. Shortland,
after some discourse with the prisoners, ordered to charge--with
some difficulty we got the prisoners back to the gates, some of them
retiring through the gates.... The square was nearly clear of prisoners
before the firing--they did not return into the square, but threw
some stones through the rails. I heard the word ‘Fire!’ given, but
do not know by whom. There were no prisoners in the Market Square
when the first shots were fired. The prisoners had the command of the
gates, so as to open them when they thought proper. I fired my musket.
The prisoners closed the gates after them, which we opened, and we
received orders from the commanding officer to charge the men to their
prisons. No muskets were fired in compelling them to their prisons.[53]
Just before the firing the prisoners were throwing stones, and
insulting the soldiers. Saw no prisoners attempting to wrest the arms
from the soldiers. Several shots were fired into No. 3--they were fired
into the doorway. I heard no order given for this fire, and heard none
to cease firing; there was much disturbance among the prisoners going
in, and a stone was thrown out.”
_William Smith_, private in the 1st Somerset Militia. “I heard no order
to fire. The firing was in an independent manner, one after another,
till nearly all the guard had fired, and then they loaded again. No
order was given to fire.”
_John Tutt_, private. “Can’t say exactly who ordered us to charge, but
think it was Captain Shortland’s voice.... While charging, a stone
knocked off my cap.... I heard the order for the firing in the square;
it commenced while I was picking up my cap.”
_William Rowles_, private. “Captain Shortland gave the order to
charge.... I heard an order to fire, but don’t know from whom.... I
entered the prison yard, saw a soldier level his musket into prison No.
3. I heard no order to the soldier to fire into No. 3; saw no officer
there at this time.”
_John Hamlet_, private. “I heard the order to charge by Capt.
Shortland.... I was struck by a stone in advancing.... I heard an order
to fire given before any firing took place, but don’t know by whom.”
_John Williams_, sergeant. “I heard no order to fire; our guard seeing
the state the prisoners were in began firing of their own accord.”
_John Twyford Jolliff_, major commanding, handed in a written
statement, dated 7 April, 1815: “Yesterday evening, between the
hours of six and seven o’clock, soon after the officers’ dinner,
the mess-waiter came into the mess-room and said that the American
prisoners had broken out of the prison, and were attempting their
escape. I immediately ordered the troops composing the garrison to fall
in at the alarm post. Whilst the troops were forming, I heard several
shots fired, upon which I immediately took the grenadiers and proceeded
to the west guard.... Upon my arrival several of the troops were formed
in the market-place, and had fired some shots. I immediately called
out to them to cease firing, and finding that the prisoners still
refused to go into their prison, I took a party of grenadiers and went
into two of the prison yards, and told the soldiers [prisoners?] to go
into their prisons, which they very reluctantly did. Several stones
were thrown at the military.... The military fired a few shot at the
prisoners in the yard, in consequence of their throwing stones and
refusing to go into the prison, but the firing was without any orders,
and I conceive took place owing to the military being so exasperated.
As soon as the prisoners were all gone into their different prisons and
properly secured, I returned to the barracks.” He added, “Several shots
were fired in the prison yards, but entirely without any command.”
_George Pett_, sergeant, testified to the efforts made by Major Joliffe
to put an end to the firing.
_Henry Burgoyne_, private, was on the platform when the alarm bell
rang, but left it for the Market Square. “I heard an order to fire, but
don’t know who gave it.”
_Edward Jackson_, private of the Derby Militia, was on the platform.
“I think there had been two volleys in the Market Square before the
men on the platform fired. No order was given to fire on my platform;
to the best of my recollection I think I heard a command ‘to commence
firing from the right.’ I saw no tumult in the yard before the firing.”
_Thomas Burgess Mott_, prisoner, gave unimportant evidence. “I did not
hear the horn sound before the firing.”
Walter Cotton, prisoner and one of the Committee, did not hear the
horn. Entirely repudiated any intention on the part of the prisoners to
break out; he complained of acts of barbarity committed previously by
Captain Shortland; but gave no evidence relative to the “massacre.”
_William Hobart_, one of the Prisoners’ Committee, had not heard the
horn sound before the alarm bell rang. Hearing the bell, he went out to
know the cause, but did not pass into the Market Square, though within
a few yards of the gate; and finding there was danger returned to his
ward. He also complained of acts of barbarity previously committed by
the Governor.
_William B. Orne_, one of the Committee, gave no evidence of importance.
_Niel M’Kinnon_, prisoner. “I heard an order given to charge and fire,
but don’t know by whom.” Seeing a man, Haywood, killed, he went to the
gate to speak to Captain Shortland, and begged him to make the firing
cease. He told Orne to go to his prison. “I went down to No. 4 yard;
while going down the yard a volley was fired into it by the soldiers
in the Market Square; there were many prisoners then in the yard....
Was going up the yard, when I met a party of military with an officer,
driving along four or five prisoners. I went up to the officer, who I
understood was Major Joliffe, and remonstrated with him on the harsh
treatment the prisoners were receiving. He put his fist in my face, and
swore ‘By God, they would not be trifled with any longer by us.’ I was
driven with the rest into No. 4. I entered the prison with my face to
the soldiers ... at that moment a musket was fired close to me, which
wounded a little boy, who screamed and dropped down; he died next day.”
He repudiated any intent of the prisoners to escape.
_John G. Gatchell_, prisoner. “I heard an order to fire, but don’t know
by whom; the first volley one man fell. I went to him; he said he was
wounded in the breast. I called assistance, and was trying to get him
to the receiving-house, when Captain Shortland entered No. 7 gate with
two soldiers, and said something which induced the two others to run
away and leave the wounded man with me; upon which Captain Shortland,
seeing I did not run, said, ‘Kill the d---- d rascal!’ The soldiers
charged on me, and a bayonet pierced my clothes and skin, going in
about a quarter of an inch. I was then forced to leave the wounded man
and run, when a soldier followed me, and Capt. Shortland, urging him
on, repeated several times, ‘Kill the d---- d rascal!’ While running
on I was pricked three times, and would have been killed, but stepping
aside the bayonet ran under my arm, and the soldier with the force of
the thrust fell on his knees, by which means I escaped into the prison.
While getting in No. 7 I saw Captain Shortland running down the yard
towards No. 5 with the soldiers, and heard him order them to fire. He
was facing me at the time; was running towards No. 5, and ordering them
to fire as they ran, which they did. I did not see that the soldiers
hesitated to fire when ordered; they did fire.... Two soldiers came
into the gate abreast of Capt. Shortland, but many followed him, thirty
or forty perhaps. After the soldiers were in the yard those on the
ramparts did not fire.... While the prisoners were running to No. 7
they were cut off by a cross-fire from the ramparts.”
_Andrew Davis_, prisoner. “I went up to No. 1 gate; when I got there,
five or six men were bringing a man, who appeared to be badly wounded,
into the Market Square. I heard Capt. Shortland order them to let go
the wounded man; one of them (this was John Hubbard) remonstrated
against it, and Capt. Shortland struck him with his fist. The man then
went outside of the gate into the passage, between the two gates, and
said to Capt. Shortland, ‘You’ll recollect you have struck me twice;
and I’ll have satisfaction for it?’ Captain Shortland told him to go
into the prison, or he would order the men to fire on him.”
_John Odiorne_, prisoner, had given evidence before the coroner. He
repeated now: “I heard an order to fire, which was from Capt. Shortland
as near as I could judge of any man, who had his back to me; it was
Captain Shortland’s voice; he was about 100 yards from me. I am as
positive as I can be under such circumstances that the order came from
him. Captain Shortland appeared to be in a great passion. When entering
the square he looked very red, and spoke loud; am confident there was
no disposition to break out.”
_Gerard Smith_, prisoner, gave no material evidence.
_Robert Johnson_, prisoner. “I know Gatchell; I was at the gate No. 7
when Captain Shortland spoke to him. I ran directly into the gate from
No. 5; at the first firing a wounded man lay about five yards from the
gate. Gatchell and two or three others came up to take him away to the
receiving-house. When he got into the passage, between the railings,
Captain Shortland came in with two or three soldiers, and told him to
go back or he would kill them; the soldiers followed. In rushing in,
Capt. Shortland stumbled over the wounded man; Gatchell did not go away
immediately. Capt. Shortland ordered the soldiers to charge on him;
one did charge on him, and another on me. I then made my escape into
the prison. I am quite sure Captain Shortland ordered the soldiers to
charge. I heard no abusive language from Capt. Shortland.”
_James N. Bushfield_, prisoner, testified mainly to the making the hole
in the wall. “I do not suppose a man in the yard knew there was arms in
the barrack yard.”
_William Clements_, prisoner. “I heard no order to fire.... I saw Capt.
Shortland in the yard, but whether it was him or the other officer who
first came in I don’t know.”
_John Hubbard_, prisoner. “I was carrying a wounded man to the
hospital. Capt. Shortland came up to me ... he ordered me to drop the
man. I told him I should not, for I wanted to take him to the hospital.
He gave me a crack on the neck with his fist and ordered the soldiers
to charge on us; I then went back and ran in. When I got in I called to
Capt. Shortland and told him ‘You will recollect, Sir, you struck me,
if you are brought to account for this.’”
_John Reeves_, prisoner. His evidence is not particularly trustworthy,
as he admitted, “I was rather groggy that evening.... I heard Captain
Shortland sing out ‘Fire!’ twice.... After we were inside No. 1 prison,
being mad at being pricked (with a bayonet) I flung a stone myself out
at the soldiers. The soldiers had fired into the prison before I did
so.”
_William Mitchell_, prisoner, did not hear the horn or the alarm bell.
_David Spencer Warren_, prisoner, who had given evidence before the
coroner, now added: “I was within seven or eight feet of Captain
Shortland when I heard him give orders to fire. I was inside my own
prison yard and Capt. Shortland was close to the gate; that was the
first firing I heard; there had been none before. Soldiers had broken
up their line when Captain Shortland led them into the prison yard.
Captain Shortland was at the head of them, when I heard him tell the
men to fire. They did not fire the first time he said ‘Fire!’; it was
about a minute afterwards before they fired. He said ‘Fire!’ three
times.” He repeated his story of Shortland taking hold of the musket.
_Richard Walker_, private of the Derby Militia. “I heard no order to
fire; first one musket was fired; it was by a sentry posted at the
bottom of the square, in consequence of the prisoners abusing him. I
saw this. I saw them throw no stones before, but after it was fired
they did. It might be two minutes before there was firing again.
As soon as the prisoners threw stones there was more firing. Don’t
recollect I heard any order to fire. Heard several call out ‘Fire!’ and
supposed it might be the prisoners who were calling out.... Saw Capt.
Shortland come down, break through the guard, and heard him order them
to cease firing.”
_William Ward_, private in the Derby Militia. “I came up just after
(the firing had begun). Capt. Shortland, after it had continued
some time, came up and ordered the soldiers to cease firing. They
immediately ceased.”