56t time birth he and Dr. Magrath endeavoured, by quiet means 1 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 necessarilycompelled to employ force. The Guard was by this time formed in the roar of Captain 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 it.duced by it to make an effort to retire, others pressed or i~t considerable numbers, at last ordered about fifteen fi:e of the guard, nearly in from of the gate, which bad 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, that he could not come fairly down to the charge; and the military were unwilling to act 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 efective, and that with little or no injury to the prisoners, ac to have driven them for the most part quite down out cf 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, in the vicinity of the gates. This assemblage still refused to withdraw, and, according to most of the English wittleses. and some cf the American, was making a noise, hallooing, insulting, and provoking, and daring the military to fire; and, ac cording to the evidence of several of the soldiers and some others. was pelting the military with large stnno, by which some of them were actually struck. This circum stance 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 proceed ings in the square. Under these circitms'ances the filing commenced. With regal(' to any order having been given to fire, the evi; dence is very contradictory. Several of the Americans swear positively, that Captain Shortland gave that order; but the manner in which. from the confusion of the nfo rnent, they describe this part of the transaction, is so different in its details, that it very difficult to reconcile their tes timony. 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 par ticular, and some, amongst whom is the offi , er command ing 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. But, how ever, 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 con tinued and renewed, both there and elsewhere, without ni (lets ; and that on the platfbrms, and in several places atr..nt the prkon, it was certainly commenced without any audio-14v. The fact of an order baying been given at first, - StP'r. 3. provided the firing was, under existing circumstances, justifiable, does not appear very material in any ether point of view than as shcwing a want of self-posse,:sion and dis cipline in the troops, if they should have fired without order. With regard to the above important consideration, of whether the firing was justifiable or not, we are of opinion, under all the circumstances of the case, from the Appre hension 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 pain' of view, in order to intimidate the prisoners, and compel theca thereby to desist from all acts of violence, and to retire as they were ordered, from a situation in which the respon sibility 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 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 cctifusion, to their respective pri sons. and the cause for further firing seems at this period to have ceased. It appears, accordingly, that Captain Shore hand was in the market-square, exerting himself and giving orders to that effect, and that Lieutenant Fortye had suc ceeded in stopping the fire of his part of the guard. Under these circumstances, it is very difficult to find any justification for the continuance and renewal of the filing, which certainly took place both in the prison yards and else where: though we have some evidence of subsequent pro vocation given to the military, and resistance to the turn• keys in shutting the prisons, and of stones being thrown out from within the prison doors. The subsequent firing rather appears to have arisen from individual irritation and exas peration on the part of the soldiers who followed the pri soners into their yards, and from the absence of nearly all the officers who might have restrained it ; as yell as from the great difficulty of putting an end to a firing when once commenced under such 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 Lieu tenants A velyne 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 fr. m the pri son whose presence was not indispensable there—and this ciecumstance, which has been urged as an argument to prove the intention of the prisoners to take this opportunity to es cape, tended to increase the confusion, and to prevent tl►o ~ e great exertions being made which might perhaps have ob viated a portion, at least, of the mischief which ensues. At the same time that the firing was going on in the square, a cross fire was also kept up from several of the platfoi ins on the walls round the prison where the sentries stand, by strag gling parties of soldiers, who run up there fur 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 gle square. But that part which it is positively sworn as I. +N. - .! " clt 411 - I- \ ' . 0 e.' . 1 7 • ' t f ', 1 . 0), • ' • '' il - 00(„,_a•—i*. 4 . ;9 I a ° 1 ' • • THE 'NATIONAL' REGISTER.