THE REPORT OF THE COMMISSIONERS.

PLYMOUTH, 26th April, 1815.

We, the undersigned commissioners, appointed on behalf of our

respective governments, to inquire into, and report upon, the

unfortunate occurrence of the 6th of April instant, at Dartmoor

prison, having carefully perused the proceedings of the several courts

of inquiry instituted immediately after that event, by the orders of

Admiral Sir John T. Duckworth and Major General Brown respectively, as

well as the depositions taken at the coroner’s inquest upon the bodies

of the prisoners who lost their lives upon that melancholy occasion;

upon which inquest the jury found a verdict of justifiable homicide;

proceed immediately to the examination upon oath, in the presence of

one or more of the magistrates of the vicinity, of all the witnesses,

both American and English, who offered themselves for that purpose, or

who could be discovered as likely to afford any material information

upon the subject, as well as those who had been previously examined

before the coroner, or otherwise, to the number in the whole of about

eighty. We further proceed to a minute examination of the prisons, for

the purpose of clearing up some points, which upon the evidence alone,

were scarcely intelligible; obtaining from the prisoners, and from the

officers of the depot, all the necessary assistance and explanation;

and premising, that we have been from necessity compelled to draw many

of our conclusions from statements and evidence highly contradictory,

we do now make upon the whole proceedings the following report:

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 excess, has

been principally indicated by threats of breaking out if not soon

released.

On the fourth of this month in particular, only two days previous to

the events, 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 bircuit,

which had on that day been issued by the officers of the depot; 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 sixth, about six o’clock, it was clearly proved

to us, that a breach 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 the 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 those 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 was 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 the day, which was after

the hour the signal for the prisoners to their respective prisons had

ceased to sound, it became a natural and just ground of alarm to those

who had charge of the depot.

It was also in evidence that in the building formerly the petty

officers’ prison, but now the guard barrack, which stands in the

yard to which the hole in the wall would serve as a communication, a

part of the arms of the guard who were off duty, were usually kept

in the racks, and though there was 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 ever acquainted with the fact, it

naturally became at least a further cause of 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 depot, and putting the military on the alert.

However reasonable and justifiable this was as a measure 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 the prisoners in the yards, where

no disturbances existed before, and who were either already within

their respective prisons, or quietly retiring as usual towards them,

immediately upon the sound of the bell rushed back from curiosity (as

it appears) towards the gates, where, by that time, the crowd had

assembled, and many who were at the time absent from their 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 forwards as fast as the opening would permit, into

the square.

There was 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 this 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 a 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. Capt.

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

endeavored 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 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 Capt. Shortland, about two thirds of the way

down the square--the latter is about one hundred feet broad, and the

guard extended nearly all across. Captain Shortland, finding that

persuasion was all 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 15 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

down to the charge; and the military were unwilling to act as against

an enemy. 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 these 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, hallooing, insulting

and provoking, and daring the military to fire, and, according to

the evidence of some of the soldiers, and some others, was pelting

the military with large stones, by which some of them 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 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 positively that Capt. Shortland gave that 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 Capt. Shortland, or by any one in particular, and

some, amongst whom is the officer commanding the guard, think, if

Capt. Shortland had given such an order, that they must have heard it,

which they did not. In addition to this, Capt. 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. 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 seemed clear that it

was continued and renewed both there and elsewhere, without orders;

and that on the platforms, and in several places 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 self-possession and

discipline in the troops, if they should have fired without order.

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 numbers and conduct of the

prisoners, that this 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 agents, and the 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 of the

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 their

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 precipitation and confusion to their respective

prisons, and the cause for further firing seems at this period to

have ceased. It appears accordingly that Capt. Shortland was in the

market-square, exerting himself and giving orders to that effect,

and that Lieut. 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 continuance and renewal 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 rather 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 such circumstances. Capt. 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

Lieuts. 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 the 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 great exertions being

made, which might perhaps have obviated a portion, at least, of the

mischief which ensued.

At the same 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 sentries stand, by straggling parties of soldiers

who ran up there for that purpose. 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 struggling parties of prisoners running

about the yards and endeavoring to enter in 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 that time

unoffending individuals. In the same, or even more severe terms, we

must remark upon what was proved as to the firing into the door-ways

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

this firing must have proceeded from soldiers a very few feet from

the door-way; and although 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 our 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 impressions we used every endeavor

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 to

call for redress and punishment.

(Signed) CHARLES KING,

FRAS. SEYMOUR LARPENT.

LONDON, 18th April, 1815.

The prisoners' memoirs, or, Dartmoor prison · 第 32 / 49 题