I copy below the account from Joseph Donaldson's Recollections of the Eventful Life of a Soldier published in 1845 (linked below; part of which Oman quotes on pages 88-89 in vol 4 of his History of the Peninsualr War.)
The sad situation contains many facts as well as suggestions as to the bad behavior of the French army.
I have been unable to locate additional evidence on the tragedy. If others have additional references, I would be interested in seeing them.
From Donaldson, in order to charge French soldiers with a crime certain facts would be necessary (additional ones are needed to charge the French officers with ignoring a crime or variations on this). Such facts would be that French had forced the inhabitants to enter the chamber (it was not the chapel itself, but "some place apart from the chapel" later referred to as an "apartment"), that the French had deliberately set the chamber/apartment on fire and that the occupants of the the chamber/appartment were held there by force.
I do not say this did not occur, only that one would need evidence to that effect.
Then, it is not clear at what exact point these actions occurred other than generally during the retreat of the French army. Thus, whether these acts were before, during or after the movements of the formed troops (that is to say, when under the discipline and observation of officers).
It would be useful to know more facts to determine the degree of the crime committed (given the almost casual discovery by Donaldson and the other British soldiers, the possibility exists that the deaths by fire occurred by some accidental combination; note the chapel itself is not burnt out, only a "large fire in the middle of the floor" - if the fire in the chamber/apartment was so great, could the occupants have themselves made the error of starting a fire and then found themselves locked in, for example).
Perhaps, I have been watching too many episodes of "Waking the Dead" or "Cold Case". - R
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Donaldson, pages 107 to 109 of the 1845 edition:
"This opened the campaign of 1811. From Aleocntre we marehed to Rio Mayor (our former quarters when we were on our way to join the army); but it was sadly altered,—the inhabitants had mostly all left it; the houses were in ruins; and it wore a desolate appearance. Next day we crossed to Aleaneyde. From thence we procceded to Porto de Mos.
When we entered the latter place there was a large convent fronting us, which, as well as many of the houses, had bcen set on fire by the French. I never before wit
nessed such destruction. The finest furniture had been broken up for firewood; the very floors torn up, beds cut in pieces, with their contents thrown about, intermixed with kitchen utensils, broken mirrors, china, &e. &e., all in one heterogeneous mass of ruin, and not an inhabitant to be scen.
We had seareely taken up our quarters, until I was called out for duty, and placed on the commissary guard. The mules with the stores had arrived, and the storekceper looking for a place to put them in, when we joined him. At last he pitched on a chapel for the purpose. There was a large fire in the middle of the floor, on which was heaped broken pieces of the altar, wooden images, frames of pictures; even the ornamented w ood- work of the organ was broken up for the purpose.
In searehing for the clearest place to set down the bags of biseuit, we found a door leading to some place apart from the chapel. As it was quite dark, I caught up a burning piece of wood to inspect the place—but what was my horror, when I entered and found the half- consumed skeletons of human beings on every side ; some lying, others knceling, and more of them standing upright against the walls. The floor was covered with ashes, in many places still red. I stood fixed to the spot —the burning stick dropped from my hand. I informed some of my comrades of what we had scen, and we re- entered. Such an appalling sight was never witnessed. Of those who had sunk on the floor, nothing remained but the bones; while the others, who were in a knceling or standing posture, were only partially consumed; and the agonized expression of their seorehed and blackened features was awful beyond deseription.
On going to the upper end of the apartment, I perceived a bag lying on the floor with something in it. I was almost afraid to open it, lest some new object of horror should present itself. I was not mistaken in my apprehension; for when the bag was examined, it was found to contain the dead body of an infant, which had been strangled; the cord used for that purpose still remained about its little neck.
Next morning we continued our march to Leria, and on entering it found it burned. We were^quartered in a convent outside the town, which was partially consumed, where we remained the succeeding day.
On the top of a hill, to the left of the town, was a sort of redoubt. I went with Dennis to take a view of the place, and going up to where some of our soldiers were standing, we found three children lying, two already dead, but the other was still breathing. There were pieces of biscuit lying beside them, which our soldiers had brought—but it was too late. They had evidently perished from hunger ; one of them had expired with the bit in his mouth. This was part of the horrors of war ; but only a part. The wanton cruelty of the French soldiers, on this retreat, defies description."