… 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
