Devonshire Characters and Strange Events

by S. Baring-Gould

“It was also in evidence, that in the building formerly the petty officers’ prison, but now the guard barracks, which stands in the yard, to which the hole in the wall would serve as a communication, a part of the arms of the guards who were on duty were usually kept in the racks; and though there is 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 acquainted with the fact, it naturally became at least a further cause for 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 depôt, and putting the military on the alert. However reasonable and justifiable this was, as a matter 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 prisoners in the yards where no disturbance existed before, and who were either already within their respective prisons, or quietly returning as usual towards them, immediately upon the sound of the bell, rushed back, from curiosity, towards the gates, where, by that time, the crowd had assembled; and many who were absent at the time from the 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 forward as fast as the opening would permit into the square.

“There is 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 the 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 the 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 endeavoured 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 were 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 guards extended nearly all across. Captain Shortland, finding that persuasion was 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 fifteen 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 to the charge, and the military were unwilling to act as against an enemy.[46] 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 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, insulting and provoking and daring the military to fire; and according to the evidence of several of the soldiers, and some others, was pelting the military with large stones, by which some 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 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 very positively, that Captain Shortland gave the 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 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 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.[47] 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 seems clear that it was continued and renewed both there and elsewhere without orders, and that on the platform, and about the prison, it was certainly commenced without any authority.