not. In addition to this, Captain Shortland denies the fact, and from the situation in which he appears to have been placed at the time, even according to the American witnesses, in front of the soldiers, it may appear somewhat improbable that he should then have given such an order.[1] But, however it may remain a matter of doubt whether the firing first began in the square by order, or was a spontaneous act of the soldiers themselves, it seems clear that it was continued and renewed both there and elsewhere without orders, and that on the platform, and 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 showing a want of discipline and self-possession in the troops if they should have fired without orders.
"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 number and conduct of the prisoners, that their 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 agent and 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
- ↑ David Spencer Warren, one of the witnesses, said: "Captain Shortland, when he told them to fire, was in front, one soldier beside him. They might have fired at his side or over him without hurting him."
