s 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.

The fact of an order having been given at first, provided the
firing was under the existing circumstances justifiable, does not
appear very material in any other point of view, than as shewing a
want of self possession and discipline in the troops if they
should have fired without order.

With regard to the above most important consideration, of whether
the firing was justifiable or not, we are of opinion, under all
the circumstances of the case, from the apprehension which the
soldiers might fairly entertain, owing to the numbers and conduct
of the prisoners, that this firing to a certain extent was
justifiable in a military point of view, in order to intimidate
the prisoners, and compel them thereby to desist from all acts of
violence, and to retire as they were ordered, from a situation in
which the responsibility of the agents, and the military, could
not permit them with safety to remain.

From the fact of the crowd being so close and the firing at first
being attended with very little injury, it appears probable that a
large proportion of the muskets were, as stated by one or two of
the witnesses, levelled over the heads of the prisoners; a
circumstance in some respects to be lamented, as it induced them
to cry out "blank cartridges," and merely irritated and encouraged
them to renew their insults to the soldiery, which produced a
repetition of the firing in a manner much more destructive.

The firing in the square having continued for some time, by which
several of the prisoners sustained injuries, the greater part of
them appear to have been running back with the utmost
precipitation and confusion to their respective prisons, and the
cause for further firing seems at this period to have ceased. It
appears, accordingly, that captain Shortland was in the market
square exerting himself and giving orders to that effect, and that
lieutenant Fortye had succeeded in stopping the fire of his part
of the guard.

Under these circumstances, it is very difficult to find any
justification for the further continuance and renewal of the
firing, which ce