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Rh "Under these circumstances and with these impressions necessarily operating upon his mind, and the 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 endeavoured by quiet means and persuasion to induce the prisoners to retire to their own yards, explaining to them the fatal consequences which must ensue if they were 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 guards extended nearly all across. Captain Shortland, finding that persuasion was 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 fifteen 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, he could not come fairly to the charge, and the military were unwilling to act as against an enemy. Some of the prisoners also were unwilling and reluctant to retire, and some pushing and struggling ensued between the parties, arising partly from intention, but mainly from the pressure of those behind preventing those in front