ed 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 this time to let the bread waggons 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 a 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 endeavored by quiet means and persuasion, to
induce the prisoners to return to their own yards, explaining to
them the fatal consequences which must ensue if they 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 guard extended nearly all
across. Captain Shortland, finding that persuasion was all 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 15 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 that he could not come fairly down to the
charge; and the military were unwilling to set against an enemy.
Some struggling ensued between the parties, arising partly from
intention, but mainly from the pressure of those behind preventing
those in front from getting
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