or preparation on the part of
the prisoners, and no evidence of their intention or disposition
to effect their escape on this occasion, excepting that which
arose by _inference_ from the whole of the detailed circumstances
connected together, had Mr. King examined the evidence on the part
of the prisoners, as minutely as it seems he examined those on the
part of Shortland, he could not even have drawn the _shadow of an
inference_ of that being their intention.

Where the commissioners got their evidence for asserting that
Captain Shortland, by quiet means and persuasion, endeavored to
persuade the prisoners to retire into their respective yards, is
unaccountable to us, as those who know Captain Shortland, know he
is not a man of persuasion. It is correct that Dr. M'Grath used
every exertion to persuade the prisoners to retire out of the
square, which if Shortland had allowed sufficient time, would have
been quietly done; but the crowd, by this time, had become so
great, and the pressure from the rear so strong, that those in
front could not retreat until time should be allowed for those in
the rear to fall back, but the hasty, haughty, and overbearing
temper of Shortland, could not allow him to use such conciliatory
means. He orders (the report says) fifteen file of the guard
fronting the open gate, to the charge; and after some little time
the charge was so effectual, with but very little or no injury to
the prisoners, as to drive them, for the most part, quite out of
the square, with the exception of a small number who continued
their resistance about No. 1 gate. Under these circumstances,
continued the report, the firing commenced.

Here we beg leave to request an attentive perusal of the
affidavits of some of the prisoners, taken by the committee, and
which relate particularly to this part of the transaction. It is
there positively stated, that on the soldiers coming to the
charge, the prisoners ALL retreated into the yard, and pushed the
gate to after them. If the commissioners had examined the
evidence, this part of the report ought to have been differently
expressed.

We cannot conceive how Mr. King finds it difficult to reconcile
the testimony respecting Captain Shortland's giving the orders to
fire; when he reports that SEVERAL of the Americans SWEAR
POSITI