The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1815-08-02

first, provided the firing was under the exist
ing circumstances, justifabIe, does not appear
very material In any other point Of view than
as shelving a want Of self possession, and dis
cipine in the troops, ii they should have fired
without t'order.
With regard to the above most important
consideration, OF whether the firing was justi-
fable or not, VIC 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 conduc, oil the
prisoners, that this firing TO a certain extent
was iusti6able in military point of view, in
order TO intmidate the prisoners, and compel
them thereby to dcsist from all acts of vio-
ence, and TO retire as they were ordered,
fiom situation in which the responsibility Of
the agents, and the military, could not permit
them with safety TO remain. 81
From the fact of the crowd being so close,
and the firing at first being attended with very
little injury, il appears probable that large
proportion Of the muskels were, as stated by
one or two of the witnesses, levelled over the
heads OF the prisoners circumstapcc IN
some respects 10 be iamented, as II induced
them to cry out "blank cartridges" and mere
ly irritated and encouraged them to renew
theis insults to the soldiery, which produced
q repetition of the firing in q manner much
more destructive.
The firing in tho square having continued
for some time, by which several OF the pris-
oners sustained INJURIES, the greater part OF
them appear TO have been running back with
the utmost precipitation and confusion TO their
respective prisons, aud the cause for further
firing seems at this period 20 have ceased.
I, appears accordingly that Capt. Shorthand
was in the market exertiDg himself and Civ
ing orders TO that effect, and thai Lieut.. Fortye
had succeeded in stopping tho fire OF his part
OF the guard.
Under these circumstances il is very diff
cult TO find any justification for the further
continuance and renewal OF the firing which
certainly took place both in the prison yards
and elsewhere {: though we have some evil
dence Of subsequent provocation given to the.
military, and resistance TO the turnkeys in
shutting the prisons, and Of stones being
thrown out from within the prison doors.
The subsequent 6ring rather appears to
have arisen from the state OF individual irri,a.
iion and evaporation on the partof the SOL
diers who followed the prisoners into their
yards, and from the absence of nearly all the
officers who might have restrained II; as we'll
as from tho great difficulty of pnlting an end
10 q firing when once commenced under such
circumstances. Capt. Shorthand was from
this time busily occupied with the turnkeys
in the square, receiving and taking care OF the
wounded.-Ensign White remained with his
guard at the breach, and Lieuts. Avelyne and
Fortyc, the only other subalterns known to
have been present, continued in the square
with the main bodies of their respective
guards.
The time of the day, which was the officers
dinner hour, will in some measure explain
this, as IL caused the absence OF every officer
from the prison whose presence was not in-
dispensablo there. And this circumstanco
which has bccn urged san argument to prove
the lot cntion Of the prisoners to take this op-
portunity to escape, tended TO increase the
confusion, and to prevent those great cxoruons
being made which might perhaps have obvi-
ated portion ut least Of the mischief which
ensued.
AT the same tiuc thar the firing was going
on in the square, cross fire was also kept up
I from several of the platforms on the walls
round tho prison where the sentries stand, by
struggling parties of soldiers who ran up there
for that purpose. AS far as that FIRE was dir.
ected to di.pcrsc the men assembled round
the breach, for which purpose it was most ef-
fectual,it seems to stand uponthe same ground
as that in the FIRST instance Ia the square. But
that part which it is positively sworn was dir.
ected against struggling parties OF prisoners
running about the yards and cnecavoring to
enter in the few doors which the turnkcys,
according to their usual practice had left open,
does seem, as stated, TO have been wholly
withou. object or excuse, and to have been
wanton attack upon. the lives OF defenceless,
and at that time unotfending individuals.
In tho same, or even more severe terms,
we must remark upon what was proved as to
the firing into the door ways of the prisons,
more particularly into that of No. prison, at
time when the men were in crowds at the
entrance. From the position Of the prison