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.