1Editorial Note (Adams Papers)
The riot of 5 March 1770, to which Samuel Adams and history have affixed the inaccurate title of “the Boston Massacre,” climaxed a season of partisanship, violence, and general testing of the legal process, many incidents of which found their way into John Adams’ legal practice and papers. It is not necessary to attempt to unravel the cloak of legend which covered the occurrence in King Street...
2Indictment and Arraignment of Preston, The Soldiers, and The Civilians: March, 7 September, 1770 (Adams Papers)
Suffolk Ss. At his Majesty’s Superiour Court of Judicature Court of Assize and General Goal delivery, begun and held at Boston, within and for the County of Suffolk, on the second Tuesday of March in the Tenth year of the Reign of George the third by the Grace of God of Great Britain, France and Ireland, King, defender of the Faith &c. The Jurors for the said Lord the King upon oath present,...
By the Stat ute of Wm. Prisoner intituled to a Copy of the Indictment 5 days and of the Panel 2 days before the Tryal. And extended by Equity or by Favour, to Cases of Felony, tho the statute relates only to Treason. Vid. Foster and Hawkins. Foster 228. 229. Foster 299. §2. bottom, different Indictments to the same Jury. 272. Adams Massacre Minutes, MHi MS 1. See Descriptive List of Sources...
4Paine’s Minutes of the Preliminary Argument: 24 October 1770 (Adams Papers)
Q uestion of the Jury Prisoner having a Right by Statute of W. to a Copy of the Panel. Court divided on the question whether the Prisoner not a list of Jury be a Cause of Chall enge . To two of em viz. Jona. Day and Edmund Billings Council on both sides agreed they should not be sworn and no Exception taken. Q uestion of putting several Homicides into one Indictment. Q uestion of the Rights of...
5Anonymous Summary of Crown Evidence: 24–25 October 1770 (Adams Papers)
Edward Gerrish. I heard a noise about 8 Clock and went down to Royal Exchange lane. Saw some Persons with Sticks coming up Quaker lane. I said Capt. Goldsmith owed my fellow Prentice. He said he was a Gentleman and would pay every body. I said there was none in the Army Regiment. He asked for me. I went to him, was not ashamed of my face. He struck me. A Sergeant chased me into Davis’s shop...
Mr. Quincy. 3 Inst. 47 4 Black 195. Definition of Murder 1 Haw. p. 80. §18. What killing of Malice prepense. 1 H.H. 451 F. 261 §3 3 Inst. 62 Key. 127. “He that doth a cruel act voluntarily doth it of Malice prepense.” Paine Massacre Notes . See Descriptive List of Sources and Documents . 3 Coke, Institutes Third Part of the Institutes of the Laws of England; concerning High Treason and other...
7Anonymous Summary of Defense Evidence: 25–27 October 1770 (Adams Papers)
William Jackson. On the 5 of March I went to Capt. Preston’s lodging. Heard the bell. Ran out. Came down to my shop. Met a man who told me the People and Soldiers were fighting at my corner and he hoped in God would see it out. I returnd to Capt. Preston and told him. A Corporal and private came to Preston’s lodgings and told him the Town’s People were abusing them. Capt. Preston took his...
2. H.H.P.C. 290. Tutius Semper est errare in acquietando, quam in puniendo ex Parte misericordiae, quam ex Parte Justitiae. 305. Tutius erratur ex Parte mitiori. 1. H.H.P.C. 509. The best Rule is in Dubiis, rather to incline to acquittal than Conviction. 300. quod dubitas, ne feceris, especially in Cases of Life. 2. H.H.P.C. 289. In some Cases presumptive Evidences go far to prove a Person...
9Paine’s Minutes of Adams’ Argument: 27 October 1770 (Adams Papers)
Adams. It is certain a great bitterness between Soldiers and Inhabitants. No Evidence applys to Soldiers in Goal nor to Capt. Preston. It was Prestons duty on the message to him to go and take all the Care he could of his men and protect them. The Ev He had Account of the assault. Had the Centry been a private Citizen and Capt. a Citizen it was his duty to go to assist. He order ed Corporal...
Auchmuty. Something horrid in agitation by the Bells ringing. I have but little Charity for those that can only see on one side. Palmes Evidence may be opposed to all the Crown Evidence. Positive Evidence always outweighs negative. Persons Surrounded by threatening People may in Certain Cases defend themselves. 1 H. p. 71, ch. 28, §14. Killing dangerous Rioters is Lawful. §23. In endeavouring...
11Adams’ Minutes of Paine’s Authorities: 29 October 1770 (Adams Papers)
Paines Autho rities . Foster 278. Plea of self Defense. Nailors Case. 290. 291. §2. Slight provocation and ——. Instances in Illustration. 295. A uses provoking Language. &c. 298. Ld. Ray. 1489. Oneby’s Case. 1 Hawk. 73 page. §25. Foster 296. §4. Har Thus in MS. 1. H.H.P.C. 485. 486. Cokes Case Cro. Car. George Croke, Reports of Cases in King’s Bench and Common Bench , Part 3, Charles, London,...
12Anonymous Minutes of Paine’s Argument for the Crown (Adams Papers)
Mr. Pain, for the Crown. It remains for me to close this Cause on the part of the Crown. It’s importance Gentlemen is not confined to the small Circle of a few Individuals, but concerns the very foundation of Civil Goverment. In their Defence, every Source of Eloquence and Art has been exhausted; which I don’t mention as a fault in them, but to guard you against mistaking, the Flowers of...
Judge Trowbridge. 1. H.H.P.C. 442. 8 Soldiers. 7 Guns fired. 5 Persons killed. Q uery whether it must not be proved which Soldier killed which of the deceased. J. Trow bridge . Foster 256. 257. Province of Judge and Jury. 2. Ld. Ray. Onebys Case. If you believe &c. &c. I hope and believe there was not such occasion to send the Troops here as was pretended. But the Question is whether the K ing...
J. Cushing. It is odd the Town should think of doing Justice by a Mob. The principal Q uestion whether the Prisoner gave Order. J. Lynde. Principal Q uestion whether Prisoner gave Order. I fear people come in too hostile a Manner. Paine Massacre Notes . See Descriptive List of Sources and Documents .
15Charges to The Jury as Printed In the Annual Register, October 1770 (Adams Papers)
About Monday noon the judges began their charge. Judge Trowbridge, who spoke first, entered largely into the contradictory accounts given by the witnesses, and declared, that it did not appear to him that the prisoner gave orders to fire; but if the Jury should think otherwise, and find it proved that he did give such orders, the question then would naturally be, What crime is he guilty of?...
16Arraignment, Impaneling, Crown’s Opening and Evidence: 7 September, 27 November 1770 (Adams Papers)
On Saturday i.e. Tuesday , the 27th November, 1770, the Court being met, the prisoners were brought into Court and set to the bar, when the Court proceeded thus. . . . Clerk. How sayest thou, William Wemms , art thou guilty of the felony and murder whereof thou standest indicted, or not guilty? William Wemms . Not guilty. Clerk . How wilt thou be tried? William Wemms . By God and my country....
17Adams’ Minutes of Crown Evidence: 27 November 1770 (Adams Papers)
James Dodge . . . seemed to come from close before them, i.e. I took it, the snow was flung on Purpose. I took it, the? soldiers pushed, to keep the Inhabitants off . Saw no Oyster Shells thrown, and believe there were none. A Cake of Ice covered the Pavement there, and cov ere d up all the shells. Samuel Clark . Saw White, before the Affray. He stood Sentry. He spoke to me, and asked me how...
18Adjournment: 27–28 November 1770 (Adams Papers)
N.B . The Court being unable to go through this trial in one day, the King’s Attorney and the prisoners consented to the Court’s adjourning over night during the Trial, the Jury being kept together in the mean time, by proper officers, appointed and sworn by the Court for that purpose. FIVE o’clock p.m. the Court adjourned to next morning, Wednesday 28 November . NINE o’clock. Wednesday,...
19Adams’ Minutes of Crown Evidence, Continued: 28 November 1770 (Adams Papers)
James Brewer . To the best of my Remembrance I saw Kilroy . I came up r oyal exchange Lane, and saw the Sentry with his Bayonett breast high, and a Number of Boys 20 or more round him . He was on the steps of the C ustom H ouse . I spoke to the Sentry, and said to him, no Body would hurt him. The Boys were talking together, but doing nothing. I saw the Party come down. I spoke to C aptain P...
20Adjournment: 28–29 November 1770 (Adams Papers)
SIX o’clock, p.m. the Court adjourned to Thursday morning 29 November Nine o’clock. Thursday NINE o’clock the Court met according to adjournment, and proceeded. Wemms Trial The Trial of William Wemms, James Hartegan, William M’Cauley , [and others] ... for the Murder of Crispus Attucks, [and others], ... Superior Court of Judicature, Court of Assize, and General Goal Delivery ... taken in...
21Adams’ Minutes of Crown Evidence, Concluded, and of Samuel Quincy’s Argument for the Crown: 29 November 1770 (Adams Papers)
Jos. Crosbey . Kilroys Bayonett appeared to be covered with Blood 5 or 6 Inches, next day . James Carter. The next Morning I observed Kilroys Bayonett to be bloody. I am Satisfyed it was blood . I was near to it, as to Mr. Paine. Jona. Cary. 4 of my Sons, Maverick and another Lad were at supper in my Kitchen, when the Bells rang and I told em there was fire. They said theyd eat a few mouth...
22Samuel Quincy’s Argument for the Crown: 29 November 1770 (Adams Papers)
May it please your Honours, and you Gentlemen of the Jury . Having gone through the evidence on the part of the crown, it is my province to support the charge against the prisoners. The examination hath been lengthy, and from the nature of the transaction complex, and in some part difficult; I shall apply it as distinctly as I am able, without endeavouring to misrepresent or aggravate any...
Josa. Quincy. 3 main Divisions, under the last there will be many Sub divisions. 1st. whether any killd. 2. Who killed ’em? Wherever a Doubt the Bias is in favour of the Prisoner. 3d. last and main Division, is what are the facts they all edge to justify, excuse, or all eviate. Under this many minute divisions. Need not remind you of the importance to the Prisoners, nor to the Community....
24Josiah Quincy’s Opening for the Defense: 29 November 1770 (Adams Papers)
May it please your Honours, and you Gentlemen of the Jury. The prisoners at the bar stand indicted for the murder of five of his Majesty’s leige subjects, as set forth in the several indictments, which have been read to you: the persons slain, those indictments set forth, as “being in the peace of God and our Lord, the King,” at the time of the mortal wounds given. To these indictments, the...
25Adams’ Minutes of Defense Evidence: 29 November 1770 (Adams Papers)
James Crawford. At dark that night, I went home and was not out till next morning. I met Numbers of People that night as I went home, going down with sticks in their Hands. At Calefs Corner, saw a Num ber above 12 with sticks in their Hands. Heard no Declarations. In Quaker Lane I met many more than common, going towards K’s Street. I was going to Bulls Wharfe where I live and met them. They...
26Adjournment: 29–30 November 1770 (Adams Papers)
FIVE o’clock p.m. the Court adjourned till next morning, Friday, 30 November nine o’clock. Friday, NINE o’clock, the Court met according to adjournment, and proceeded. Wemms Trial The Trial of William Wemms, James Hartegan, William M’Cauley , [and others] ... for the Murder of Crispus Attucks, [and others], ... Superior Court of Judicature, Court of Assize, and General Goal Delivery ......
27Adams’ Minutes of Defense Evidence, Continued: 30 November 1770 (Adams Papers)
Dr. Richard Hyrons. About 7 o Clock. Saw several soldiers at my own door a little after 8, passing and repassing, some with Clubbs, some with Bayonetts. The Noise and Confusion seemed to come from the Bottom of the Street towards the Markett. In 8 or 10 minutes I heard a Person run thro B oylston’s Ally with great Violence from Cornhill. He ran towards the barrack Gate, and then ran back again...
On the evening of the 5th of March I was at my lodgings, I heard a noise, and went out towards Union-street, and saw people coming from the North-end, with sticks and clubs in their hands; it was about nine o’clock. I followed them to Dock-square, somebody asked what was the matter, he was answered, that a boy and soldier had been foul of one another; they hallowed King-street; I went up to...
29Adams’ Digest of Evidence: 29 November–1 December 1770 (Adams Papers)
James Crawford. Went home to Bulls Wharf at dark about 6 O Clock. Met Numbers of People, going down towards the Town House, with sticks. A t Calfs Corner, Saw above a dozen with sticks. In Quaker Lane and Greens Lane met many, going towards K ing S treet . Very great Sticks, pretty large Cudgells, not common Walking Canes. Archibald Gould. Going to Crawfords at Bulls Wharf. At 8, at Swing...
30Josiah Quincy’s Argument for the Defense: 3 December 1770 (Adams Papers)
Monday 3 December , NINE o’ Clock, the Court met according to adjournment, and proceeded. May it please your Honours, and you Gentlemen of the Jury, We have at length gone through the evidence in behalf of the prisoners. The witnesses have now placed before you, that state of facts, from which results our defence. The examination has been so lengthy, that I am afraid some painful sensations...