Under these circumstances the firing commenced.--With regard to any order having been given to fire the evidence is very contradictory. Several of the Americans swear positively, that captain Shortland gave that order; but the manner in which from the confusion of the moment, they described this part of the transaction, is so different in its details that it is very difficult to reconcile their testimony. Many of the soldiers and other English witnesses, heard the word given by some one, but no one of them can swear it was by captain Shortland, or by any one in particular, and some, amongst whom is the officer commanding the guard, think, if captain Shortland had given such an order that they must have heard it, which they did not. In addition to this captain Shortland denies the fact; and from the situation 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. 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 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.