John Bennett, store clerk. “I heard Captain Shortland tell the prisoners in the market-place to go back to their different prisons, and say how sorry he should be to use force.... Some minutes after a musket went off, and soon after many others. I was then so near Capt. Shortland that I am sure I should have heard it had he given the orders to fire; but I did not, nor did I hear an order from anybody. I did not see the charge.”
John Collard, sergeant of the 1st Somerset Militia, heard Shortland give the order to charge. “An order was then given to fire on them (the prisoners); I heard the word given to fire by some one; I think the word given was in my rear.... The prisoners were crying out ‘Fire!’ I could not then see Captain Shortland. I did not look out for him. I had something else to think of when the order to fire was given. Two or three men fired; immediately they obeyed the order; one musket was discharged first, and one or two very soon after.... I think the soldiers fired over their heads; then some prisoner or prisoners said, ‘You—— why don’t you fire? You have nothing but blank cartridges.’ Afterwards the firing became general, and the prisoners were driven into the yard. I heard no word of command for the second firing; the firing was not in a volley, but in small numbers at a time.... I know nothing of what happened afterwards in the prison yard.”
Stephen Lapthorn, private in the 1st Somersetshire Militia. “I heard an order given to fire, but don’t know who gave it. I can’t say whose voice it was; am not sure whether it was from the prisoners or the military.... I heard Major Joliffe give orders to cease firing.”
John Soathern, private in the Derby Militia. “We went close to the railings; my bayonet pricked them; when we got there, the prisoners began throwing stones; one stone struck me. Just then the firing commenced. After some time Capt. Shortland came in front and said, holding his hands up, ‘For God’s sake, men, cease firing.’ Captain Shortland was not near me when it commenced. The order to fire was given on the left, and it passed through the ranks one after another.”
Lieutenant Avelyne, of 1st Somerset Militia. “When I came into the Market Square with Captain Shortland the prisoners had burst No. 1 gate and were rushing through in a crowd.... Capt. Shortland went forward to speak to them.... The soldiers did not charge by my order, nor did I hear Capt. Shortland order it. I considered myself under Capt. Shortland’s orders.... I heard the first musket fired. I could not see where it was fired from.... There was at first a single shot, and almost instantly after several others were fired. I heard no distinct order to fire.... I did not go into the prison yard.”
Lieutenant Fortye, of 1st Somerset Militia. “My guard took up the firing from others without any orders.”
Cornelius Rowe, prisoner. “I saw the military come down the square and heard Capt. Shortland order them to charge.”
Thomas Tindale, prisoner. “I heard Captain Shortland give orders to fire ... he gave orders twice to fire. I was not ten steps from him when I heard him. I heard every word he said; I saw him plainly; the firing commenced by one musket first, then two, and afterwards a whole volley. The firing began when Captain Shortland gave the word the second time. I heard him tell the soldiers to fire low. He was then standing inside the muzzles of the foremost muskets. When I heard the order to fire I was about the middle of gate No. 4; the soldiers charged up to the railings and then fell back four or five paces, when Capt. Shortland gave the order to fire.”
The evidence of Captain Shortland has been already given. He denied the truth of Gatchell’s statements that he had run down the yard; and as to that of Hubbard, he would only admit that he had pushed, not struck him.
In reviewing the depositions it appears evident that the American witnesses were hostile to the Governor, and that their bitterness of feeling coloured their testimony. There is evidence that Captain Shortland entered the inner yard, though he denied it; but that Major Joliffe was there is certain, and it cannot be admitted that he acted with the promptitude that he should have displayed. It is certain that by this time the soldiers had got out of control, and it was no doubt difficult to restrain them.