The enquirer. [volume] (Richmond, Va.) 1804-1815, 1815-07-22


to follow him. For some time both IA aud
Or. d 'ssart.l en'lc ~, red by qu CT meas and
persuisiun, TO induce tie prisoners - retire
TO their own yards, explaining to them the ia
tai consequences which must ensue If they
refused, Il, the military would, in that case
be necessarily compelled to employ force.
lhe guard was by this time formed IN th.
rear OF capt. Shorthand, ab tut two thirds of
the way down the square-the latter is alb t
one hundred feet broad and the guard extend
ed nearly all acOss.-Captain Shorthand.
hndmg that persuasion was all in vain, and
that although some were indu,e by it to
make an effort to retire, others pressed on in
considerable numbers. at lst ordered about
Is 1ie OF the ard, nearly N front of the gate
which had bel force I, q charge the prfscn-
ers back to their own Yards.
The prisoners were in some places so near
the military, that one-of the soldiers states
,nat ne could net come fairly down to the
charge, and the military were unwilling to
act as against an enemy. Some of the prison
ers also were unwilling and reluctant to retire.
and some pushing and struggling epsued be-
tween the parties, arising partly from insen-
ton, 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 prison
ers, as to have driven them for the most part
quite down out of the square, with the ex-
ception of a small number who continued
their resistance about No. gate.
great crowd still emained collected af
ter this IN the passage between the square
and the prisoners yards, and in the part of
these yards In the vicinity of the gates-This
assemblage stin refused to withdraw, and &C
cording to most of the English witnesses and
some OF the American, was making noise,
hatiooing, insulting and provoking, and daring
the military to tire, and according to the evil
dence OF several of the soldiers, and some o.
theirs, was pelting the military with large
stones, by which some of them were actually
struck. Ihls circumstance is however de-
ned by many Of the American witnesses and
some OF the English upon having the ouesti-
on put to them, stated 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.
Undsr these circumstances the firing com
menced. With regard to any order having
been given to fire, the evidence is very con-
Trajectory. Several of the Americans swear
positively that Capt. Shorthand gave that or
der but the manner IN which, from the con
fusion Ut the moment, they describe this part
OF the transaction is so diff rent in its details
that 1t is very difficult to reconcile their testi-
,mony. Many of the soldiers aud other Eng
iish witnesses, heard the woad gwen by come
one, but no one of them can swear it was by
capt. Shorthand, or by any one in particular,
and some, amongst whom is the officer COM
manding the guard, think, if Capt Shorthand
had given such al order that they must have
heard it, which they did not. In addition to
this. Captain Shorthand 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, 1t may appear somewhat improba-
bic that he should then have given such an
order.
but, however, it NAV remain matter of
doubt whether the firing first began in the
square by order, or was 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.
he fact of an order having been given at
hrst, provided the firing was under the exis-
ting circumstances. justifable, does not ap-
pear very material in any other point of view
than as sncwlng want of self posse ssiol, x
discipline in the troops. if they should have
hred without order.
With regard to the above most important
consideration, of whether the firing was justi
liable or not, we are of opinion, under all the
circumstances of the case, from the appre-
hension which the soldiers might fairly enter
tain, owing to the numbers and conduct of
the prisoners, that this firing to CERTAIN ex-
tent was justifiable in military point of view
in order TO iutimidate the prisoners, * COM
pei them thereby to desist from all acts of
violence, End retire as they were ordered,
from situation in which the responsibility OF
the agents, and the military could not per-
nit them with safety TO remain.
From the fact of the crowd being so close.
and the firing at first beng attended with We
ny little injury, 1t appears probable that =
large proportion OF th musksts were, as stated
by che or two of the witnesses, levelled over
the heads Of the prisoners. a circumstance in
some respects to be lame nted, as it in,'uced
them to cry out " blank cartridges" and
merely irritated and encouraged them to re-
new their insults to the soldiery, which pro
dueed REPETITION of the firing in manner
much more destructive.
The firing in the square having continued
for some time, by which several Of the pri-
siners sustained injuries, the greater part OF
them appear to have been running back with
the utmost precipitation and confusion to their
respective prisons, and tie cause for further
firing seems at this period to have ceased. 1t
appears accordingly that Cant Shorthand was