A journal, of a young man of Massachusetts, late a surgeon on board an American privateer, who was captured at sea by the British in May, eighteen hundred and thirteen and was confined first, at Melville Island, Halifax, then at Chatham, in England, and last at Dartmoor prison

by Benjamin Waterhouse

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 disturbance 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 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 rung, (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 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 waggons 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; 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 endeavored by quiet means and persuasion, to induce the prisoners to return 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 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 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 that he could not come fairly down to the charge; and the military were unwilling to set against an enemy. Some 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, hallowing, insulting and provoking, and daring the military to fire, and according to the testimony of several of the soldiers, and some others, were 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 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 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 captain Shortland gave that order; but the manner in which from the confusion of the moment, they described 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 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.