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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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