Devonshire Characters and Strange Events

by S. Baring-Gould

John Mitchell, one of the clerks in the office of the Governor, deposed “that this informant saw Capt. Shortland in the front of the prison.... That Capt. Shortland advanced towards the prisoners, calling on the guard to follow, form and be steady, and directed them to keep possession of the Market Square. That this informant followed Capt. Shortland, keeping between him and the military, and this informant heard Capt. Shortland desire the prisoners to return quietly to their prisons.... But they still continued advancing, speaking in a riotous manner. That this informant observed a large body of prisoners assembled at the other gate, at the opposite side of the Market Square.... Hearing a noise he turned around and observed the prisoners were much further up the square, and part of the guards had charged their bayonets towards the prisoners to force them down, and almost at the same moment he, this informant, heard the report of a musket discharged.... That he, this informant, did not hear any person give orders to fire. That several muskets were fired in the Market Square, and immediately after the firing had ceased he heard Capt. Shortland call for turnkeys to take up the wounded.... That this informant did not observe anything thrown by the prisoners at the military, nor see the prisoners armed with any offensive weapons.”

Richard Arnold, one of the turnkeys, after stating the fact of the hole in the wall and Captain Shortland’s examination of it: “This informant then returned to the Market Square leaving Capt. Shortland in the barrack-yard, and the horn was then sounding for the prisoners to turn into their respective prisons,[49] when he observed a large body of prisoners collected between the iron railing in the front of the prisons, and they were attempting to force the gates.... That this informant went away to call the guard, and met Capt. Shortland at the upper gate. That the guard was outside the guard-house drawn out, and Capt. Shortland called to them to follow him, and this informant returned with him, and by this time the prisoners had forced the gate, and many hundreds had assembled in the Market Square. That Capt. Shortland desired the soldiers to draw up, be steady, and keep their ground, and the soldiers formed across the square. That this informant saw Capt. Shortland go up in front of the military and heard him desire the prisoners to go in, or otherwise he should be obliged to use means which he should be very sorry for. That the prisoners were very riotous, calling out ‘Keeno’ several times, and advanced instead of retiring, when some of the soldiers came to a charge, and this informant made the best of his way to the rear, and just after he got in the rear he heard a single musket, and soon after he heard several muskets discharged, but the muskets were at first elevated high, that he does not think a single shot touched either of the prisoners ... when some of them called out, ‘Fire, you——, you have no shot in your guns,’ when the military fired again, ... and almost immediately he heard Capt. Shortland call for the turnkeys to help the wounded away. That this informant did not hear any person give any orders to fire, that he was near to Capt. Shortland when the firing first begun, and if Capt. Shortland had given any orders to fire he thinks that he must have heard them.... That he did not see the prisoners armed with any offensive weapons, nor did he see them throw any stones at the military.”[50]

Stephen Hall, one of the turnkeys, gave information almost identical with that of Richard Arnold. He did not hear any orders given to fire.

Richard Cephus, an American prisoner of war, gave no evidence of value, as he was not present in the affray.

George Magrath, surgeon of the hospital at the prison. Hearing the alarm bell he ran from his dwelling into the Market Square, where he saw a line of soldiers drawn up and the prisoners breaking out at the inner gate. “He advanced towards them and began to exhort them to return quietly into the prison ... that this informant observed to them that their detention appeared to be entirely the fault of their own agent, Mr. Beasley ... that this informant heard a voice, but whose it was this informant did not know, ordering the soldiers to charge; that at this time Captain Shortland was near to this informant, and he seemed to be employing means to induce the prisoners to return to the prison; that on hearing the word ‘Charge’ given, he looked round and found himself on the point of the soldiers’ bayonets ... that he found it necessary to attempt to extricate himself and succeeded in getting round the left wing, which rested on the wall.... Whilst this informant was endeavouring to get around, the firing commenced, at first he heard two or three muskets, but afterwards the discharges became more frequent, and almost amounted to a volley.” He then retired to attend to the wounded.

It must be added that the prisoners unanimously speak of Dr. Magrath with high praise, as most kind and attentive to their wants and ailments.

John Odiorne, a citizen of the United States. “He was at the store in the Market Square, standing by the door; and the wagon with the bread was partly unladen, when this informant heard some persons talking loud at the gate at the uppercut (i.e. the main entrance) and went round the wagon to see who it was, and saw Captain Shortland advancing into the yard; and he was giving his orders to the turnkeys at the lodge in a loud voice; and Richard Arnold spoke to him, and told him something about the wall, when Captain Shortland said, ‘D—— you, why did not you tell me about it before? Ring the bell, call the guard out.’ That the guard immediately followed Captain Shortland into the yard, when he ordered them to form across the yard, about two-thirds of the way down.... That just as Captain Shortland gave the orders, this informant saw the prisoners force the gate No. 1, and before this time this informant had not seen a single prisoner in the Market Square, except those who were employed with him (in unlading the bread wagon). He was on the steps, at the store, which is about ten feet high and commands a complete view of the square. That after the prisoners had advanced to the distance of between twenty-five or thirty feet, Captain Shortland then ordered the men to charge upon them, and the soldiers charged upon the prisoners, when they retreated into the yard. That after the prisoners had retreated within the prison ... he heard an order given to fire by Captain Shortland, as the informant supposed, for he was looking directly at him. That the order was not instantly complied with ... but in a few seconds a musket was fired by a person at the right of Capt. Shortland, a few paces in advance of the others, and immediately after two muskets were fired to the left of Capt. Shortland, and after that there was a general discharge. And immediately after the general discharge a party of soldiers marched into No. 1 yard, through the gate, and fired a volley, and then wheeled about and returned into the square, and after the soldiers had returned into the square and formed into line the officer ordered them to fire, and immediately the whole line across the square fired into the yard, after which the line broke up and advanced into the yard, and this informant could not see any further, but he heard the reports of guns in the yard.”

The evidence of John Odiorne is of special value, as he and Arnold were the only witnesses of what took place in the Market-yard, who were not actively engaged in the affray.

Addison Holmes, citizen of the United States. “Understanding that a hole had been broken through the wall in the prison No. 7 by the boys, to get at their balls, he was going to see it; and hearing the alarm bell rung, he went into the Market Square, having found the gate open,[51] and there were about a dozen prisoners in the square, and a great many more followed after him; he was going up to see what the alarm bell was rung for, when he saw the troops entering the outer gate of the square, and Captain Shortland was with them. That as the troops came through the gate, they were paraded across the square; and this informant saw Dr. Magrath at the left of the troops, talking to about a dozen prisoners, advising them to go down to the prison quietly. That at this time there was a considerable body of prisoners in the rear. That Captain Shortland was in front of the troops, speaking to one man, who wanted to say something to him; but it appeared that the captain would have no conversation with him, and pushed him from him twice, when the man turned about and was going down slowly.[52] The captain then turned him round and ordered the troops to charge their bayonets, twice; but they did not do so until they were ordered by one of their own officers, and then the troops charged their bayonets and the prisoners were forced on before them, and Dr. Magrath, being in front, stepped in between two bayonets, and got to the rear. That this informant stepped aside, and got between two sentry-boxes, and the troops passed him; and by this time the prisoners were forced to the gate, had got inside the prison, and shut the gate after them; but Captain Shortland, who was in front of the troops, shoved the gate open, and this informant thinking it was a good opportunity for him to get in, pushed on between two men, and then saw that Captain Shortland had hold of a musket, and immediately that musket was discharged; but whether Capt. Shortland pulled the trigger or not, this informant does not know, and immediately after there was firing at the left. That Capt. Shortland had ordered the troops to fire before he took hold of the musket, but he was not obeyed, and then took hold of the musket, and he believes the soldier had hold of it at the same time. That just after the firing at the left, as he, this informant, was passing between two men, one of whom had discharged his musket, this man was hauling his musket back to stab this informant, and before he drew it past this informant, he, this informant, unshipped the bayonet, and threw it on the ground, and then pushed off the bayonet on the left, with his arm, and got in round the gate, when the soldiers immediately fired another round, and he saw a man fall. That this informant stopped a few minutes, and the soldiers fired several rounds, and the soldiers were firing from the walls up the prison. That two rounds were fired into the prison door, which killed one man and wounded another.”