Devonshire Characters and Strange Events

Stephen Hall, one of the turnkeys, gave information almost identical with that of Richard Arnold. He did not hear any orders given to fire.

Richard Cephus, an American prisoner of war, gave no evidence of value, as he was not present in the affray.

George Magrath, surgeon of the hospital at the prison. Hearing the alarm bell he ran from his dwelling into the Market Square, where he saw a line of soldiers drawn up and the prisoners breaking out at the inner gate. “He advanced towards them and began to exhort them to return quietly into the prison … that this informant observed to them that their detention appeared to be entirely the fault of their own agent, Mr. Beasley … that this informant heard a voice, but whose it was this informant did not know, ordering the soldiers to charge; that at this time Captain Shortland was near to this informant, and he seemed to be employing means to induce the prisoners to return to the prison; that on hearing the word ‘Charge’ given, he looked round and found himself on the point of the soldiers’ bayonets … that he found it necessary to attempt to extricate himself and succeeded in getting round the left wing, which rested on the wall… Whilst this informant was endeavouring to get around, the firing commenced, at first he heard two or three muskets, but afterwards the discharges became more frequent, and almost amounted to a volley.” He then retired to attend to the wounded.

It must be added that the prisoners unanimously speak of Dr. Magrath with high praise, as most kind and attentive to their wants and ailments.

John Odiorne, a citizen of the United States. “He was at the store in the Market Square, standing by the door; and the wagon with the bread was partly unladen, when this informant heard some persons talking loud at the gate at the uppercut (i.e. the main entrance) and went round the wagon to see who it was, and saw Captain Shortland advancing into the yard; and he was giving his orders to the turnkeys at the lodge in a loud voice; and Richard Arnold spoke to him, and told him something about the wall, when Captain Shortland said, ‘D – you, why did not you tell me about it before? Ring the bell, call the guard out.’ That the guard immediately followed Captain Shortland into the yard, when he ordered them to form across the yard, about two-thirds of the way down… That just as Captain Shortland gave the orders, this informant saw the prisoners force the gate No. 1, and before this time this informant had not seen a single prisoner in the Market Square, except those who were employed with him (in unlading the bread wagon). He was on the steps, at the store, which is about ten feet high and commands a complete view of the square. That after the prisoners had advanced to the distance of between twenty-five or thirty feet, Captain Shortland then ordered the men to charge upon them, and the soldiers charged upon the prisoners, when they retreated into the yard. That after the prisoners had retreated within the prison … he heard an order given to fire by Captain Shortland, as the informant supposed, for he was looking directly at him. That the order was not instantly complied with … but in a few seconds a musket was fired by a person at the right of Capt. Shortland, a few paces in advance of the others, and immediately after two muskets were fired to the left of Capt. Shortland, and after that there was a general discharge. And immediately after the general discharge a party of soldiers marched into No. 1 yard, through the gate, and fired a volley, and then wheeled about and returned into the square, and after the soldiers had returned into the square and formed into line the officer ordered them to fire, and immediately the whole line across the square fired into the yard, after which the line broke up and advanced into the yard, and this informant could not see any further, but he heard the reports of guns in the yard.”

The evidence of John Odiorne is of special value, as he and Arnold were the only witnesses of what took place in the Market-yard, who were not actively engaged in the affray.

Addison Holmes, citizen of the United States. “Understanding that a hole had been broken through the wall in the prison No. 7 by the boys, to get at their balls, he was going to see it; and hearing the alarm bell rung, he went into the Market Square, having found the gate open,51 and there were about a dozen prisoners in the square, and a great many more followed after him; he was going up to see what the alarm bell was rung for, when he saw the troops entering the outer gate of the square, and Captain Shortland was with them. That as the troops came through the gate, they were paraded across the square; and this informant saw Dr. Magrath at the left of the troops, talking to about a dozen prisoners, advising them to go down to the prison quietly. That at this time there was a considerable body of prisoners in the rear. That Captain Shortland was in front of the troops, speaking to one man, who wanted to say something to him; but it appeared that the captain would have no conversation with him, and pushed him from him twice, when the man turned about and was going down slowly.52 The captain then turned him round and ordered the troops to charge their bayonets, twice; but they did not do so until they were ordered by one of their own officers, and then the troops charged their bayonets and the prisoners were forced on before them, and Dr. Magrath, being in front, stepped in between two bayonets, and got to the rear. That this informant stepped aside, and got between two sentry-boxes, and the troops passed him; and by this time the prisoners were forced to the gate, had got inside the prison, and shut the gate after them; but Captain Shortland, who was in front of the troops, shoved the gate open, and this informant thinking it was a good opportunity for him to get in, pushed on between two men, and then saw that Captain Shortland had hold of a musket, and immediately that musket was discharged; but whether Capt. Shortland pulled the trigger or not, this informant does not know, and immediately after there was firing at the left. That Capt. Shortland had ordered the troops to fire before he took hold of the musket, but he was not obeyed, and then took hold of the musket, and he believes the soldier had hold of it at the same time. That just after the firing at the left, as he, this informant, was passing between two men, one of whom had discharged his musket, this man was hauling his musket back to stab this informant, and before he drew it past this informant, he, this informant, unshipped the bayonet, and threw it on the ground, and then pushed off the bayonet on the left, with his arm, and got in round the gate, when the soldiers immediately fired another round, and he saw a man fall. That this informant stopped a few minutes, and the soldiers fired several rounds, and the soldiers were firing from the walls up the prison. That two rounds were fired into the prison door, which killed one man and wounded another.”

John Arnold, steward of the prisoners, was engaged with Odiorne in unlading the bread-wagon, when he heard the alarm bell rung, and the drums beat to arms, and the horns sounded; “And soon after this informant saw a great body of prisoners between the railing and the Market Square… That Captain Shortland came into the square, and the soldiers marched in with their officers. That this informant ordered the wagon away, and just then the prisoners burst open the gate and rushed into the Market Square in a very large body… That the soldiers were formed across the square, and had advanced in a body … when the soldiers charged upon the prisoners, but this informant did not hear any order to charge given, and this informant thinks, that from the noise made by the prisoners, it was impossible to hear any word of command.” After describing the charge, he asserts that “stones were thrown at the military… That this informant never heard Captain Shortland give any directions to the soldiers to fire, and he was so near Odiorne, that if orders had been given which he might have heard, he, the informant, must have heard also. And this informant further saith, that the firing was very irregular, and it did not seem like firing in obedience to order; and this informant further saith, that it appeared to him the soldiers were in danger from the stones thrown at them by the prisoners.”

William Gifford, private in the 1st Regiment of Somerset Militia, was posted as sentinel at the inner gate. “That this informant saw a prisoner who broke the lock of the gate, where this informant was sentinel, with an iron bar, and the prisoners rushed out as fast as they could come, crying out ‘Keeno’; whereupon the alarm bell was rung, and part of the north guard came into the Market Square, and Capt. Shortland was with them … that Capt. Shortland ordered the soldiers to charge, which they did, and forced the prisoners almost to the prison gate … that the prisoners began to throw stones at the soldiers, and this informant saw several of the men’s caps knocked off with the stones … this informant heard the word ‘Fire!’ given by some person, but by whom he does not know; that this informant immediately heard a discharge of musketry, and saw that the muskets were presented in the air; that the prisoners still continued throwing stones, when the soldiers began to fire towards the prisoners, and this informant afterwards saw two men lying in the market-place, apparently dead. That the soldiers then went into the different prison yards to turn the prisoners in, and this informant heard some firing in the yards. That Major Joliffe had the command of the 1st Somersetshire Regiment of Militia, but he was not present when the first firing commenced… That this informant was near to Capt. Shortland, and he never saw Capt. Shortland with a musket in his hand, or attempt to take a musket; if he had, he, this informant, thinks that it was impossible for him not to have seen it. That he never heard Capt. Shortland give any orders to fire, and the informant was so near him, that he thinks he must have heard him, if he had given any such orders.”

James Groves, private in the 1st Regiment of Somerset Militia, was sentinel in the barrack yard, and gave evidence that at 5 p.m. or thereabouts a ball was thrown over the wall. He was relieved at 6 p.m., and by that time no attempt had been made to knock a hole in the wall.

David Spencer Warren, citizen of the United States. On hearing the alarm bell he went to the gate, which was already burst open, and the prisoners had got into the Market-yard. “A number of soldiers were in the square, and Capt. Shortland was at the head of one party of them, and he was forming a line across the yard, which after he had done, he told them to charge. That the soldiers did charge on the prisoners, who ran back into the prison yard, and as they got inside the gate, they flung one of them to. That Capt. Shortland ordered one of the soldiers to fire, and immediately there was a soldier with his musket turned to the right, and Capt. Shortland caught hold of the musket and pointed it towards a man that stood by the gate, and said, ‘God d – you, fire!’ that directly after this a fire of musketry became general. That this informant did not see any of the officers with the soldiers when Capt. Shortland gave the orders to fire. That after the firing began he saw some stones thrown by the prisoners over the wall into the square.”

James Greenlaw, a citizen of the United States, heard the alarm bell ring, and went to the railing giving admission to the Market Square, which was already burst open, and some prisoners in the square. “At the same time he saw the troops coming through the market-gate, with Capt. Shortland at their head, and saw him form the men in one line, extending across the square, and he then ordered them to charge, whereupon the prisoners retreated into the prison yard, when the informant heard Capt. Shortland give orders for the soldiers to fire upon the prisoners, whereupon this informant ran into No. 4 yard, for shelter, and saw two black men fall. That as soon as this informant thought the firing had ceased, he ran up towards the grating to speak to Capt. Shortland, and asked him if he would allow him to speak to him, when Capt. Shortland said, ‘No, you d – d rascal!’ whereupon two soldier officers put their swords through the iron railing towards the informant, and one soldier pricked him with his bayonet. That this informant then retreated into No. 3 yard, and he then heard two distinct volleys… That this informant did not see any stones thrown until the firing had commenced, and then he saw two stones thrown over the wall.”

Thomas Burgess Mott, citizen of the United States, gave evidence as to the firing on the prisoners from the walls, and at the door of No. 5 prison.

Enoch Burnham, citizen of the United States, gave very similar evidence. He confirmed the statement made by Andrews in his narrative of the murder of the man against the wall.

Robert Holmden, first clerk to Captain Shortland, had informed the Governor of the breach in the wall and went with him to inspect it. “Whereupon Captain Shortland ordered the alarm bell to be rung; and as soon as the guard could be collected, he went with them into the Market Square… He heard one shot fired, which was followed by several others. He did not go down among the prisoners, or see what took place there.”

Homer Hull, citizen of the United States, saw a man with a bolt in his hand break the lock of the gate. “Just at the time the gate was forced open, he saw some soldiers come into the Market Square; when Capt. Shortland gave the soldiers orders to charge, and the soldiers accordingly charged; when the prisoners retreated into the prisons, and one of them shut to the gates; then the soldiers marched down a little further, when Capt. Shortland ordered them to fire… That he did not see any stones thrown before the musketry began to be discharged, but afterwards he saw a stone thrown from the prison yard towards the square.”

Robert McFarlane, assistant surgeon at the prison, had assisted Dr. Magrath to persuade the prisoners to retire. “This informant heard no order to fire. Capt. Shortland was at the south end of the guard, and this informant thinks if he had given orders to fire he must have heard it – that at the time the first musket was fired nearly one-third of the Market Square was filled with the prisoners, making a great noise in a very riotous and disorderly manner, and stones were thrown by the prisoners from all quarters.”

John Tozer, turnkey, gave testimony of no importance.

Joseph Manning, sergeant of the 1st Somerset Regiment of Militia, was sent by Captain Shortland to fetch Major Joliffe, “who put himself at the head of the grenadiers, and before Major Joliffe had gone ten yards from the south guard gate the firing commenced. That it was impossible for Major Joliffe to give orders to fire, as he was not near the spot when the firing first began.”These are all the depositions taken before the coroner. Others taken before the commissioners were as follows: —John Rust, one of the prisoners and one of the Committee that drew up the report already given. “About 6 o’clock in the evening I came from the place where I was taking supper, and persuaded the prisoners to leave the breach. At the time I went to the breach the horn had not sounded; it sounded but a few minutes before the firing. I heard the alarm bell ring before the firing took place. The firing continued at intervals about fifteen minutes… I saw nothing of the firing in the Market Square.”John T. Trowbridge, another of the Prisoners’ Committee, made no part of the report from his own knowledge.John Boggs, another of the Committee, “made no part of the report from my own knowledge.”Amos Wheeler, sergeant of the north guard, “was ordered by Capt. Shortland to march to the Market Square; the officer of the guard was not then with it… There were not many prisoners in the Market Square when our guard entered. The alarm bell had rung before we marched. When we entered, the prisoners were endeavouring to burst the gates below… When they had succeeded in bursting them there was a great rush towards the soldiers. They threw stones at the soldiers before there was any firing. They were not armed with anything that I saw… Captain Shortland ordered the soldiers to bring their muskets down to the charge. I believe Capt. Shortland was in front of the guard, at this time, desiring the prisoners to go back. I saw none of the prisoners wresting the arms from the soldiers. I saw none of them attempt to seize the arms… I heard no order to fire, nor do I know how it began; did not hear any of the prisoners challenging the soldiers to fire… I did not see the officer of the guard at this time. The firing was in an independent manner, three or four muskets being discharged at a time. After the firing commenced the prisoners began to retire towards their prisons. I did not hear any cheering among them, or see them rally after the fire… I did not go into the prison yard.”

These are all the depositions taken before the coroner. Others taken before the commissioners were as follows: —

John Rust, one of the prisoners and one of the Committee that drew up the report already given. “About 6 o’clock in the evening I came from the place where I was taking supper, and persuaded the prisoners to leave the breach. At the time I went to the breach the horn had not sounded; it sounded but a few minutes before the firing. I heard the alarm bell ring before the firing took place. The firing continued at intervals about fifteen minutes… I saw nothing of the firing in the Market Square.”

John T. Trowbridge, another of the Prisoners’ Committee, made no part of the report from his own knowledge.

John Boggs, another of the Committee, “made no part of the report from my own knowledge.”

Amos Wheeler, sergeant of the north guard, “was ordered by Capt. Shortland to march to the Market Square; the officer of the guard was not then with it… There were not many prisoners in the Market Square when our guard entered. The alarm bell had rung before we marched. When we entered, the prisoners were endeavouring to burst the gates below… When they had succeeded in bursting them there was a great rush towards the soldiers. They threw stones at the soldiers before there was any firing. They were not armed with anything that I saw… Captain Shortland ordered the soldiers to bring their muskets down to the charge. I believe Capt. Shortland was in front of the guard, at this time, desiring the prisoners to go back. I saw none of the prisoners wresting the arms from the soldiers. I saw none of them attempt to seize the arms… I heard no order to fire, nor do I know how it began; did not hear any of the prisoners challenging the soldiers to fire… I did not see the officer of the guard at this time. The firing was in an independent manner, three or four muskets being discharged at a time. After the firing commenced the prisoners began to retire towards their prisons. I did not hear any cheering among them, or see them rally after the fire… I did not go into the prison yard.”

John Saunders, private in the 1st Regiment of Somerset Militia. “I was with the first party of soldiers that marched into the Market Square; at that time the gate was broken open the prisoners were coming through in a crowd. The alarm bell rang at the time we reached the west guard-house; the officer of the guard was with us, I believe. I believe it was he who ordered us into the square… Capt. Shortland, after some discourse with the prisoners, ordered to charge – with some difficulty we got the prisoners back to the gates, some of them retiring through the gates… The square was nearly clear of prisoners before the firing – they did not return into the square, but threw some stones through the rails. I heard the word ‘Fire!’ given, but do not know by whom. There were no prisoners in the Market Square when the first shots were fired. The prisoners had the command of the gates, so as to open them when they thought proper. I fired my musket. The prisoners closed the gates after them, which we opened, and we received orders from the commanding officer to charge the men to their prisons. No muskets were fired in compelling them to their prisons.53 Just before the firing the prisoners were throwing stones, and insulting the soldiers. Saw no prisoners attempting to wrest the arms from the soldiers. Several shots were fired into No. 3 – they were fired into the doorway. I heard no order given for this fire, and heard none to cease firing; there was much disturbance among the prisoners going in, and a stone was thrown out.”

William Smith, private in the 1st Somerset Militia. “I heard no order to fire. The firing was in an independent manner, one after another, till nearly all the guard had fired, and then they loaded again. No order was given to fire.”

John Tutt, private. “Can’t say exactly who ordered us to charge, but think it was Captain Shortland’s voice… While charging, a stone knocked off my cap… I heard the order for the firing in the square; it commenced while I was picking up my cap.”

William Rowles, private. “Captain Shortland gave the order to charge… I heard an order to fire, but don’t know from whom… I entered the prison yard, saw a soldier level his musket into prison No. 3. I heard no order to the soldier to fire into No. 3; saw no officer there at this time.”

John Hamlet, private. “I heard the order to charge by Capt. Shortland… I was struck by a stone in advancing… I heard an order to fire given before any firing took place, but don’t know by whom.”

John Williams, sergeant. “I heard no order to fire; our guard seeing the state the prisoners were in began firing of their own accord.”

John Twyford Jolliff, major commanding, handed in a written statement, dated 7 April, 1815: “Yesterday evening, between the hours of six and seven o’clock, soon after the officers’ dinner, the mess-waiter came into the mess-room and said that the American prisoners had broken out of the prison, and were attempting their escape. I immediately ordered the troops composing the garrison to fall in at the alarm post. Whilst the troops were forming, I heard several shots fired, upon which I immediately took the grenadiers and proceeded to the west guard… Upon my arrival several of the troops were formed in the market-place, and had fired some shots. I immediately called out to them to cease firing, and finding that the prisoners still refused to go into their prison, I took a party of grenadiers and went into two of the prison yards, and told the soldiers [prisoners?] to go into their prisons, which they very reluctantly did. Several stones were thrown at the military… The military fired a few shot at the prisoners in the yard, in consequence of their throwing stones and refusing to go into the prison, but the firing was without any orders, and I conceive took place owing to the military being so exasperated. As soon as the prisoners were all gone into their different prisons and properly secured, I returned to the barracks.” He added, “Several shots were fired in the prison yards, but entirely without any command.”

George Pett, sergeant, testified to the efforts made by Major Joliffe to put an end to the firing.

Henry Burgoyne, private, was on the platform when the alarm bell rang, but left it for the Market Square. “I heard an order to fire, but don’t know who gave it.”

Edward Jackson, private of the Derby Militia, was on the platform. “I think there had been two volleys in the Market Square before the men on the platform fired. No order was given to fire on my platform; to the best of my recollection I think I heard a command ‘to commence firing from the right.’ I saw no tumult in the yard before the firing.”

Thomas Burgess Mott, prisoner, gave unimportant evidence. “I did not hear the horn sound before the firing.”

Walter Cotton, prisoner and one of the Committee, did not hear the horn. Entirely repudiated any intention on the part of the prisoners to break out; he complained of acts of barbarity committed previously by Captain Shortland; but gave no evidence relative to the “massacre.”

William Hobart, one of the Prisoners’ Committee, had not heard the horn sound before the alarm bell rang. Hearing the bell, he went out to know the cause, but did not pass into the Market Square, though within a few yards of the gate; and finding there was danger returned to his ward. He also complained of acts of barbarity previously committed by the Governor.