Title: Samuel Quincy’s Argument for the Crown: 29 November 1770
From: Quincy, Samuel
To:

       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 thing to the prejudice of the prisoners on the one hand, or on the other to neglect any thing that justice to the deceased sufferers, the laws of my country, or the preservation of the peace of society demand.
       There are two things necessary to prove which I mentioned in the first opening of this cause, namely, the identity of the prisoners, that is, that they were that party of men who on the 5th of March last were in King street, and that they committed the facts mentioned in the indictments, and farther gentlemen, the circumstances attending and aggravating the commission of those facts.
       As to the first point, to prove the identity of the prisoners, all of them have been sworn to, and most of them by more than one witness.
       To KILLROY gentlemen, you have Langford, Archibald and Brewer, who swear positively; and farther you have the evidence of Ferriter and Hemmingway. The one, of Killroy’s being in the affray at the rope-walks, and the other to his uttering a number of malicious and threatning expressions in regard to the inhabitants of the town of Boston.
       To WHITE gentlemen, you have four more, Simpson, Langford, Bailey and Clark.
       To MONTGOMERY, you have Bailey, Palmes, Bass, Danbrook and Wilkinson.
       To HARTEGAN, you have Danbrook and Simpson.
       To WEMMS, you have Simpson and Bridgham.
       To CARROL, Bailey and Danbrook.

       To WARREN, Bridgham, Dodge and Simpson. Bridgham indeed expressed some doubt, and gave his reasons for it, which may be worthy notice hereafter.
       To MC CAULEY, you have Mr. Austin.
       And that Warren was at the Rope-walks, you have also the testimony of Mr. Ferriter.
       All these witnesses as I have mentioned them to you, have testified on oath to the several prisoners, that they were that evening in King street, and of the party; the next thing to be enquired into gentlemen is as to the facts. In order to ascertain these it will be necessary to have recourse to the testimony of the witnesses. I could have wished I had been able, after the fatigue of yesterday, to have ranged the evidence in the order of time as the facts took place; but not being able to do this, I must take them up as the witnesses were examined. I will however endeavour to state the facts in the best arrangement I can.
       The first witness Mr. Austin, says, that he was in King-street that evening, near the Sentry-box which was placed at the Custom-house; that about a quarter after nine he saw the party coming from the Main guard; when they got down to the Sentry Box, they wheeled to the left and formed themselves round it; and in coming round McCauley pushed at him with his bayonet, damned him, and bid him to stand off, this was the first instance of their conduct. Mr. Austin was not particular who fired, his back being towards the soldiers when that happened. He says there were five or six guns fired; and he saw McCauley after the firing. These are the most material circumstances of his testimony.
       The next witness is Bridgham, who says he was in King-street also; and the next morning when he went to the goal to view the prisoners, he apprehended he had seen Warren in King street the evening before, but afterwards he saw a person that looked very like him belonging to the same regiment, which occasioned him to doubt whether he was the man or not; my remark upon this, is, it was probable that the first impressions made on his mind were the strongest, and therefore you cannot well doubt he was right in judging that Warren was in fact the person he saw the evening before; he saw also Wemms the corporal stationed on the left of the party betwixt him and the tall man; the Corporal was on the left entire, if so gentlemen, Warren must have been the third man from the left in that situation; there were a number of people he says round the party huzzaing, some having sticks; his face was the other way when the first gun went off, he heard a noise like the clashing of guns, he saw Gray fall, and says the person that killed him, must have been near the center of the party; when the left man fired there were but few in the street, they divided and were passing off; the last man that fired, he says leveled his piece, following a lad that was running down the street before he fired; he also mentions a number of people coming down from the north side of the Town-house, collected as he supposed by the bells, and not disposed to commit any injury whatsoever; he did not apprehend himself, or the soldiers in any danger from any thing he observed; he says about seven guns were fired, and there were about twelve people at that time before the party. These are the most material circumstances in his evidence.
       Dodge says, he saw Warren, but cannot swear to any of the rest, the man who fired first he thinks stood towards the left, about two from the corner, however he was over at Vernon’s shop across the street, and perhaps not able to make so good observations as some others; he saw about fifty people in the street, but he saw nothing in their hands; he saw a number of snow balls thrown, but none as he observed with violence or in anger; he saw the people near the party of soldiers, and they pushing at them with their bayonets; he does not imagine there was any thing besides snow balls thrown.
       Clark the next witness saw White the Sentinel at his station just before nine o’clock, that he spoke to him, but saw no one at that time near or molesting him.
       Mr. Langford comes next, and this witness is perhaps as particular as any one witness on the part of the Crown; it appears by the relation of his evidence that he came down about nine o’clock as a watchman, in order to go to the Watch-house next adjoining the Town-house; when he came down, he was told the people and soldiers were fighting at Murray’s Barracks; upon this, he took his course that way, but the matter being over by the time he got there, he returned to King-street: there were a number of boys round the Sentinel, to whom he spoke and told him he need not fear, the boys would not hurt him; soon after this the Sentinel without saying any thing to the people went up the Custom-house steps and knocked at the door; a person within opened it and said something, but what, the witness did not hear; upon that the Sentinel turned round, and pointed his piece at the people opposite to him. Langford spoke again, and told him there was no danger, the boys would not hurt him, and he shouldered. The witness continued talking with the Sentry till the party came down, and then he went into the street. About this time Gray, one of the unhappy sufferers, came and clapped Langford on the shoulder, saying what’s here to pay? Langford replies, I do not know, but something I believe will come of it by and by; his stand was half way as he said betwixt the Sentry-box and Royal-exchange-lane; the box being on the right corner of the lane, and he opposite the center of the lane; the witness and Gray were standing together talking familiarly, Langford leaning on his stick, and Gray standing with his hands folded in his bosom, without a stick in his hand, neither saying or doing anything to the soldiers. You cannot but recollect Gentlemen, that this witness was expressly and repeatedly asked, if Gray had a stick or said any thing to the soldiers? he as often answered no. Langford spoke to Killroy, and after two guns were discharged, seeing him present his piece, said to him, damn you are you going to fire? Presently upon this Killroy levelled his piece, and firing directly at Gray, killed him dead on the spot! The ball passed through his head, and he fell on Langford’s left foot; upon which, not satisfied with having murdered one of his fellow creatures in that cruel and inhuman manner, he pushed with his bayonet, and pierced Langford through his great coat and jacket; here Gentlemen, if any there can be, is evidence, and I think compleat evidence of a heart desperately wicked, and bent upon mischief, the true characteristic of a wilful malicious murderer.
       It could not be thought, at the distance the witness and Gray were standing from him, without offering any violence, but Killroy the prisoner saw them distinctly, and aimed to destroy them; if you compare this testimony with Mr. Hemmingway’s, who swears to Killroy’s uttering expressions importing, that he would miss no opportunity of firing on the inhabitants, he had wished for it ever since he landed, you certainly Gentlemen can have no doubt in your minds but that he had that intention at heart, and took this opportunity to execute it.
       The crime of murder, Gentlemen, it will be agreed by all, necessarily involves in it the malice of the heart, and that malice is to be collected from the circumstances attending the action; but it is not necessary to constitute malice, that it should be harboured long in the breast; a distinction is made in the books betwixt malice and hatred, and a good distinction it is; I have it in my hand and will read it;
       Kelynge 126, and 127. Mawgridge’s Case. “Some have been led into mistake by not well considering what the passion of malice is; they have construed it to be a rancour of mind lodged in the person killing, for some considerable time before the commission of the fact, which is a mistake arising from their not well distinguishing between hatred and malice,” And a little after, “Malice is a design formed ofdoing mischief to another; cum quis data opera male agit, he that designs and useth the means to do ill is malicious. 2 Coke Inst. 42. He that doth a cruel act voluntarily, doth it of malice propensed. 3 Coke Inst. 62.”
       Though Gentlemen, it happens on a sudden occasion as this was, if the act is in it’s nature wanton and cruel, the law will presume it to be malicious, unless that presumption is taken off by contrary evidence.
       Ferriter, who testified to the same person, tells you, he was remarkably active at the Rope walks amongst the rest of the soldiers; taking therefore all the circumstances of this testimony together, it must remove every sort of difficulty in your minds as to the purpose Killroy had at that time; it seems apparent that there were strong marks of malice in his heart; the person you can have no doubt of, the fact you can have no doubt of, nor can you I think doubt of the species of crime.
       The next witness, who also testifies to Killroy’s going down, and being of the party, swears that he was about twenty feet from the party when the first gun was fired; that he also had been, previous to this, at Murray’s barracks, when the affray happened there, and tells you the behaviour of the soldiers in that scene.
       Brewer, another witness also swears to Killroy. He saw the Sentinel on the Custom-house steps; at that time there were about twenty people, boys chiefly about fourteen, and some younger, round about him, but they made no great show; he saw the Captain come down with the party, the Sentinel at this time had his gun breast high; that while the witness was speaking to Monk, (a young lad who was wounded) he lost sight of Preston and the guns went off: Monk complained of being shot, but Brewer apprehended it was nothing but powder, and that he was more frightened than hurt; the firing began at the right and extended to the corner man on the left. Killroy attacked this witness in the same manner McCauley did Austin, by pushing at him with his bayonet; a number were collected by the ringing of the bells, but he heard nothing particular in regard to abusive language; he saw no snow balls thrown, and when the soldiers came down, he heard some of the people crying fire, and that was the general cry; some crying fire because the bells rung, some, no doubt fire, to the soldiers, daring them to it; but of this no great word omitted can be made in the present case. There were seven guns he says fired, he was certain as to the number, having counted them himself. He says further, he met Dr. Young in Docksquare and that he had a sword; the witness said, let every man go to his own home, and the Doctor replied, that is the best way, the soldiers are gone to their barracks: perhaps something will be attempted to be made of this circumstance, and therefore I shall make an observation upon it. If you attend to the testimony of several of the witnesses, there were that evening in the streets at all parts of the town, a number of soldiers; they sallied out from Murray’s barracks and everywhere with clubs, cutlasses, and other weapons of death; this occasioned a general alarm; every man therefore had a right, and very prudent it was to endeavour to defend himself if attacked; this accounts for the reason of Dr. Young or any one inhabitant of the town having a sword that evening; the Doctor surely could not be supposed to have any intention of mischief, because the same witness tells you his cry was, the soldiers were gone to their barracks, and go every man to his own home.
       Mr. Bailey the next witness, testifies as to the identity of some of the party, that there were Montgomery, Carrol and White there; that he placed himself at the post by the Custom-House, and stood there all the time; that there were about twenty boys, some fourteen years old, and some under that; he was near the Sentinel when the party came down; Carrol pointed at his breast with his bayonet, and White said do not hurt him; that Montgomery discharged his piece first; he thinks it was about half a minute before the second gun went off; the grenadier’s gun he says was struck out of his hand by some person near him, and that he recovered it, and then fired; that Carrol was the next but one to him: he imagines Gentlemen, that Montgomery killed Attucks; Attucks was about fifteen feet from him over the gutter: He continued in his station at the corner from the time of the party’s coming down till all was over; he did not apprehend himself or the soldiers in danger, from clubs, sticks, snow balls, or any thing else; he saw the person that struck Montgomery as he supposed, at the corner of Royal exchange-lane; he was asked if Attucks was the person, he answered no. From this witness you ascertain, Gentlemen, that Montgomery fired first, and that he was on the right wing of the party.
       The next witness is Mr. Palmes, he saw the Sentry, and nobody near him: He had come from Murray’s barracks, and hearing a disturbance in King-street, he was told he had better not go down, he said I will, and try to make peace; he also saw Montgomery there; the stick that struck Montgomery was thrown as he apprehended; Montgomery stept back and then fired; he thinks he heard seven or eight guns, but did not count them, and it was seven or eight seconds between the first and second gun; as the last gun went off, Montgomery pushed at him with his bayonet, and he struck him with his cane, and struck the gun down; the bayonet stuck in the snow, and the gun fell out of his hand; Mr. Palmes at this time slipt and fell, but quickly recovered himself; Montgomery attempted again to push him with his bayonet, and he threw his cane at him and ran; not satisfied with this, Montgomery attempted to push him a third time, and in that attempt he slipt and fell, and thereby gave Palmes an opportunity to get out of his way, or else he says he had been run through the body; from the testimony of this witness, you have further proof that Montgomery was the person who fired first; that after firing, he continued to discover marks of malice and malevolence, by pushing with his bayonet, and endeavouring to destroy not only Mr. Palmes, but all around him.
       Next comes Mr. Danbrook, he saw there Hartegan, Montgomery, and Carrol. Here is another witness to three of the party; it was about a quarter after nine when he came up; he stood about ten or twelve feet from Montgomery; he saw no stick strike him, but a little stick he says flew over their heads, which he took to be a piece of a rattan; he was looking on Montgomery when he fired; this is another evidence as to the fact of firing, upon which, the witness thinks, two men fell: if that was the case, there was execution indeed; by the discharge of one gun two persons killed on the spot! He did not hear the second gun, but supposes, that by one of the guns Attucks fell, he stooped to see if the Molatto was dead, then turned round and saw another man fall; Attucks at that time was near him, at his left, leaning on his stick; that circumstance I would have you keep in your minds Gentlemen, that you may remember it when you have the whole evidence together.
       Jedediah Bass is the next witness, he came up Royal-exchange lane; when he got into King street, he saw Montgomery there: here Gentlemen is another witness as to the identity of one of the prisoners, and the witness saw him push his bayonet at a man that stood near him; he drew back into the lane, and in a minute Montgomery fired: the number of guns he took to be six, but did not count them: the people began on the firing of the first gun to run, some one way and some another. As he came up Dock-square, the people were saying let us go home, there is no fire, the soldiers are gone to their barracks.
       After this witness comes Mr. Wilkinson, who gave a very regular account; he tells you he was at his own house when the bells rung for nine as usual; a little while after that he heard Dr. Cooper’s bell, on which apprehending it was for fire, he put on his surtout, and went out; he came towards the Town-House, went past it as far as the town-pump, and the people from the windows were cautioning those in the street not to go down, for they would be killed; the night was so bright that he was able where he was to see down the street as far as Boylston’s alley, and there he saw a number of soldiers sallying out, brandishing their swords, and contending with the people; there were about thirty or forty round them with buckets and bags, thinking as he supposed that the bells rung for fire; after this he went to the Guard-house, intending to wait there, to learn if any mischief had been done at the barracks; he presently saw Capt. Preston come down, as he imagined from behind the Old-Brick meeting-house, and call to the guard, and ordered them to turn out; then he saw the party come out, and saw the Captain draw his sword and march down with them; at that time there were about thirty or forty people in King street; he went a little lower, and turned back again round the north side of the Town-house, and placed himself at the Royal-exchange-tavern; and the party was formed when he got there: he tells you he was not at all apprehensive of danger, consequently he was capable of making observations, and placed himself in such a situation as to do it; the party formed in a circle, and he stood about four or five minutes before he heard the word given to fire: that he heard it twice: on the first command they did not fire; it was repeated, and then the guns went off one after another, like the striking of a clock, he was about two yards from them and thinks the firing began at the right. This corresponds with the testimony of several witnesses. He saw the flash of each gun seven went off, and one flashed. There Gentlemen you have evidence of all the party’s firing save one: the witness was asked if he saw snow balls, ice, oyster shells, or any thing else thrown by the people, to which he answered No; he said if he had, he should have thought himself in danger, and have retreated; he heard two or three cheers before the party came down, but none afterwards. Now, Gentlemen, if you recollect that circumstance, and the manner of his relating it, you will remember he expressed himself very emphatically: from this testimony you have further express evidence of the fact of firing, that it came from the right, and from thence followed on to the left: he did not see the persons who were killed, therefore there is nothing in his evidence relating to that.
       From the next witness, Mr. Simpson, you have proof of White, Wemms, Warren, and Hartegan, four of the prisoners, that they were all of the party that evening; and after relating a number of minute circumstances, he swears to the discharge of eight guns, which if you give credit to his testimony, will prove to you that the whole party fired; from him you have also further evidence of the killing Attucks, Gray and Caldwell.
       Mr. Fosdick, deposes that upon his going down King-street, the first salutation he had, was the pressing of soldiers behind him with the points of their bayonets, crying out, damn your blood stand out of the way! this Gentlemen, was the conduct of the party as they came down along. From Mr. Fosdick also you have evidence of their manoeuvers both before and after they formed; when the first gun was fired, the second man from the right pushed his bayonet at him, and wounded him in the breast, you saw Gentlemen the mark in Court: before this two different men pierced him in the arm and elbow quite to the bone; here Gentlemen were three thrusts given to a person innocently passing down upon the cry of fire! he knew not as he swears to you, what was the occasion of the party’s coming down. The right hand Grenadier fell after he had fired, occasioned by pushing at a person who went down Royal-exchange-lane, this probably was Mr. Palmes, in whose evidence if you remember, you have this circumstance related, that on his pushing at him the third time, Montgomery’s foot slipped, which gave him an opportunity to escape down the lane.
       Hemmingway, the next witness, swears, that being in company with Killroy, he heard him say he never would miss an opportunity to fire on the people of the town, for he had wanted it ever since he landed; that Killroy was not then in liquor nor appeared to be in anger; he told him he was a fool, for saying so, he said I do not care, I will not miss an opportunity for all that; these expressions Gentlemen speak for themselves, they are of such a nature as you cannot but draw from them the temper of the man’s heart who spoke them, which you will consider at your leisure.
       Mr. Hillier, came from the North end, was told there was no fire, but the soldiers were insulting the inhabitants; a number of people in Dock square seemed afraid to go up to King-street, another circumstance which accounts for the appearance of the inhabitants, at that time in Dock-square; the witness went up to King-street, saw the Sentry with his bayonet charged breast high, about twenty or thirty boys about him; he had often seen many more in that street in such a night as that was; it was bright moon light; the people on the party’s coming down seemed to collect in a body in Royal-exchange-lane; as he passed the last man, he heard a gun from the right, thinks it was about twenty seconds before the second gun fired; he observed a little boy running a cross the street crying fire, and the left hand man followed the boy with his gun; there was nothing passed he observed to induce them to apprehend any danger; he says, had even the soldiers pointed at me, I should not have thought myself in danger; he thinks there were six guns fired; he saw no snow balls thrown, if there had been, he must have seen them. When the soldiers came down, there was a sort of shouting, and a short time after, the first gun fired. I need not dwell longer on this testimony for you must remember it yourselves.
       Nicholas Ferriter was next sworn, who knew Killroy and Warren; he swears to their being at the Rope-walks before this affair happened; he relates the circumstances of three several attacks in the Rope-walks; the first was a single person who challenged him out to fight; a squable ensued, and the soldier took to his heels; he soon collected a dozen more, came again, and had a farther battle, in which the soldiers were again worsted; they then collected a large number, to the amount of thirty, and in about three-quarters of an hour they came back, and went at it again; in this last squabble the soldiers were a third time worsted. From this affair perhaps may be dated a good deal of the proceedings of the Monday-evening; you have heard from the witnesses that the soldiers of that regiment remembered the grudge, and discovered a malicious disposition; were frequently seen in parties, and when single, with arms, attacking the people passing the streets. Killroy one of the prisoners, and Warren, are expressly sworn to, that they were in this affray; Gray and Ferriter went into King-street, Gray had no stick; Ferriter left Gray in King-street; it appears he did not go down with a disposition to commit any assault at all.
       Burdick is the next witness, he says when he came down to King-street he spoke to a soldier, he thinks it was Montgomery, he asked him if he was loaded and intended to fire; yes, by the eternal God! was the answer he received. The intention of that soldier, whoever he was, you clearly discover; the witness thinks it was Montgomery; he says further, a soldier pushed at him with his bayonet, and he struck his gun; he saw nothing flung but a small stick, which hit nobody; as he was stooping to take up the dead, they cocked their guns and presented at him again; thus you see the same disposition continued, they were aiming to push at every body round about them; and after they had killed these persons, they were not satisfied with that, but attempted to push those that were taking them away.
       Mr. Williams who was next sworn, hath nothing material in his testimony, but that of the guns following the people as they ran after the first gun was fired; that seven guns were fired, that he saw no sticks or snow balls fall near them, that all the snow balls he did see seemed to be light, and not hard.
       It has been asked from the bench, Whether there may not be voluntary manslaughter? I readily grant there may; it has also been observed, that homicide which includes murder, must be committed with coolness and deliberation, I allow it, and my application of this rule, is, that it comes within the evidence you have of the particular facts related by the witnesses with regard to Killroy; there is no manner of doubt with me, but the fact was done in the manner which the law calls sedato animo; he was doing a deliberate action, with a cool and calm mind; it appears, if you believe Langford, he was not molested; it appears the person he killed, and at whom he aimed, and the person whose cloths he pierced with his bayonet, were standing peaceably, one leaning on a stick, and the other with his arms folded.
       After the witnesses we have gone through, a number of gentlemen were examined, most of whom lived in Cornhill, who have testifyed to the conduct of the soldiers, that evening the affair happened.
       I will not take them in order, for I apprehend, by recuring to Colonel Marshall first, the rest will come in more naturally; he says, he came from Colonel Jackson’s in Dock-square, about a quarter after nine o’clock; that the street was quite still, no body passing thro’ Dock-square; he came up to his own house next the Custom house, he passed the Sentinel, and there was no body near him; King-street was quite still, fewer people passing than he had usually seen on such a fine night; he went into his own house, and soon after heard a distant cry of murder, what part of the street it came from he did not know: He, gentlemen, you will remember, intimated also this circumstance, that he had been warned not to go out that evening; this gave him an apprehension there was some mischief to be betwixt the soldiers and the inhabitants; he mentioned it to the person in the shop, and went out; looking towards the Guard-house, he saw a number of soldiers issue from thence in an undress, with naked swords, cutlasses, &c. crying out “Damn them where are they? By Jesus let ’em come.” As to the situation of the Moon, whether she was north or south, which has been much altercated, I cannot see it will make much one way or the other, it is sufficient that Colonel Marshall, whose credibility and capacity will not be disputed, has sworn that from his door he observed a party of soldiers come down in undress, armed with cutlasses and other weapons, the cutlasses he swears he particularly saw glittering in the Moon light; the expressions he said he plainly heard, while they were brandishing their swords; when this party passed off, he saw a second party come up Quaker-lane, armed in the same manner, and making use of the same kind of language, and that party he said cried fire; in his testimony on the trial of Captain Preston, he said the bells rung on that cry; he expressed some doubt of this yesterday, but it was certainly just about that time; the use I would make of this is, to compare it with what the other witnesses say of the conduct of the soldiers in Cornhill; as Mr. Thayer expresses it, it is probable the word fire was a watch-word; it appears to me, that if we can believe the evidence, they had a design of attacking and slaughtering the inhabitants that night, and they could have devised no better method to draw out the inhabitants unarmed, than to cry fire!
       Mr. Thayer, was sitting at his fire, in Corn-hill, near Boylston’s alley, he heard a great noise, and went to the door, he saw seven soldiers in an undress coming down like wild creatures, with cutlasses in their hands, crying damn them, where are they? upon this he heard a cry of fire, and supposed it to be a watch-word.
       Mr. Kneeland, who lives by the town-pump, came out and stood at his door; saw a number of soldiers pass by him armed; one of them came up to him and said, damn you what do you do here? and pointed his bayonet to his breast, telling him to go in.
       Mr. Appleton who lived opposite, tells you he was standing by his neighbour Mr. Marsh, they were both at the door; a number of soldiers came running down, armed with cutlasses, in an undress, and they seemed to come out of their way, (observing them at the door) with uplifted weapons, intending as it appeared, to strike them: but they fortunately got into their doors.
       Then gentlemen, comes the son of Mr. Appleton, the young master who was sworn, yesterday, whose story, with his manner of telling it, must strike deep into your minds; I am sure it did in mine; a child of his age, with a younger brother sent of an errand a few steps, and on returning home, struck at by a party of soldiers, nay ruffians, with cutlasses, he innocently crying, soldiers spare my life! No damn you we will kill you all, or words to that purpose, attended with a blow, was the answer the little victim received! what can indicate malice if this does not? cruelty almost equal to that of a Pharoh or Herod. I remember at the last tryal, my brother Adams made this observation, that “Man is a social creature, that his feelings, his passions, his imaginations are contagious.” I am sure if in any instance it is so, here was food enough for such passions, such imaginations to feed upon.
       But Gentlemen, as it does not immediately relate to the prisoners, all the use I mean to make of it is, to show you that from the conduct and appearance of the soldiery, in different parts of the town, the inhabitants had reason to be apprehensive they were in danger of their lives; children and parents, husbands and wives, masters and servants, had reason to tremble one for another. This apprehension, together with the ringing of the bells, collected numbers of people in different quarters, as is commonly the case when there is any appearance of fire; and the center of the town, when there is a doubt where fire is, becomes naturally the place of rendezvouz: this accounts for the number of people that were there, and for some having sticks and canes. I mention this only to take off the force of any evidence or pretence that may be made, that there was an intention of the people to assault, or as it has been expressed, swallow up the soldiers.
       I have now gone through the evidence on the part of the Crown, in support of the charge against the prisoners, I shall make a very few observations, and leave it with the prisoners and their Council to make their defence, and Mr. Paine who is on the side of the Crown with me, to close the cause.
       I think Gentlemen upon the whole evidence, you can, in the first place, have no doubt but that all the prisoners at the bar were of that party of soldiers, headed by Capt. Preston, who went down to the Custom-House, on the 5th March, the evening mentioned in the indictments; that the five persons named in those indictments were killed by some or other of that party, but who they were that killed those several persons, may not be precisely ascertained, except in the case of Killroy, against whom I think you have certain evidence.
       It is a rule of law Gentlemen, when the fact of killing is once proved, every circumstance alleviating, excusing, or justifying, in order to extenuate the crime must be proved by the prisoners, for the law presumes the fact malicious, untill the contrary appears in evidence.
       There is another rule I shall mention also, and that is, that it is imaterial, where there are a number of persons concerned, who gave the mortal blow, all that are present, are in the eye of the law, principals. This is a rule settled by the Judges of England upon solid argument. The question therefore then will be, what species of homicide this is? and the decision of that question must be deferred, untill the defence comes out by the evidence on the other side.

       The laws of society, Gentlemen, lay a restraint on the passions of men, that no man shall be the avenger of his own cause, unless through absolute necessity, the law giving a remedy for every wrong: If a man might at any time execute his own revenge, there would be an end of law.
       A person cannot justify killing, if he can by any means make his escape; he should endeavour to take himself out of the way, before he kills the person attacking him.

        Here one of the Court judging it improper for the Council in opening the cause to anticipate the defence, and this being determined by the whole Bench, Mr. Quincy then closed, with saying:

       I was about to make some farther remarks, but it is thought by the Honourable Court improper to anticipate what may be urged on the other side. I shall therefore rest the case as it is, and doubt not but on the evidence as it now stands, the facts, as far as we have gone, against the prisoners at the bar, are fully proved, and until something turns up to remove from your minds, the force of that evidence, you must pronounce them GUILTY.


Title: Adams’ Minutes of Josiah Quincy’s Opening for the Defense: 29 November 1770
From: Adams, John
To:

       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. Important that the Dignity of Justice,  to the Country and that same Rules should prevail. A Prejudice prevails that the Life of a Soldier is less valuable than that of a subject.
       The Criminal Law extends itself to every Individual of the Community. It views Man possessed of Affections and Passions. The Law attends to Man kind as we find em surrounded with all their Infirmities and all their Passions. Whatever will justify an Inhabitant in firing upon an Inhabitant, will justify a soldier. And a Soldier need not have a civil Magistrate any more than an Inhabitant. A general Opinion, almost universal, thro this Continent, that their Rights and Liberties were invaded. Believed that the soldiers came here to inforce those Acts. Mankind Act from Feelings more than Reasoning. The Object of Resentment was out of Reach, and it fell upon the Instrument. The People thought the Soldiers the Instruments of fastening the shackles that had been forged. The soldier felt himself touched in the Point of Honour, and in the Pride of Virtue, when he saw and felt these Marks of Disrespect.
       You are not sitting here as statesmen or Politicians. You have nothing to do with the Injuries your Country, has sustained. The Town is not concerned.
       This Cause has awakened the Attention of this whole Continent if not all Europe. You ought to be carefull to give a Verdict, which will bear the Examination of Times, when the Pulses which now beat shall beat no more. Do nothing which shall hereafter bite like a Serpent and Sting like an Adder. All the Colours of the Canvas, the Pictures the Publications. Every Thing that could possibly stimulate, and inflame. An high Water slack. The Passions, so high that they can go no higher.
       The Fact of Killing has not been proved with Regard to some of em, and others are left in doubt.
       Person producing a Witness is never to discredit him. A Person swearing a Positive is to be believd, ceteris paribus, rather than one swearing a Negative. Persons upon Guard have a particular Habit. Therefore probably, Colonel Marshall, mistaken. In that Temper of Mind, that frame of Disposition, which prevailed thro the whole Continent. These Persons were upon their Duty, and their Lives in Danger if they movd from their stations.


Title: Adams’ Minutes of Defense Evidence: 29 November 1770
From: Adams, John
To:

       Prisoners Witnesses
       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 Number 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 were very great Sticks, not common Canes, for walking with, pretty large Cudgells. All along I met them continually, and in Greens Lane particularly.
       Archibald Gould. Coming over Swing Bridge at 8 O Clock the People were walking from all Quarters with sticks, that I was afraid to go home. I went threw Greens Lane, and met many People, the Streets in such Commotion as I hardly ever saw in my Life. Uncommon Sticks, such as a Man would pull out of an Hedge. I was just by Hancocks Warehouse when the Bells begun to ring.
       Archibald Wilson. I spent the Evening in Dock Square. A certain Gentleman between 8 and 9 came in and asked why we sat there when there was so much disturbance between Inhabitants and soldiers. We went to Gerrishes Vendue, Hunters now, and sat in the Balcony. I looked out at the Vendue Window. A good many People assembled in dock Square. A Number came from the North End and made several attempts at Murrays barracks, 30 or 40 of ’em came back suddenly. What Resistance they met with I cant tell. It was very light. They had Staves a good many, Some had not. I imagined there might be 200 People that came from the North End and went up 3 several Ways,some up Cornhill some up r[oyal] exchange Lane and some up Crooked Lane. As a new Parcell came up from North End they made attempt at the Guard at Murrays Barracks and gatherd in a Cloudcrowdabout 30 or 40. Then made 2 or 3 Cheers for the main Guard. I went out to go up the Lane and the Guns went off. I turnd about and went home. I do remember the Bells ringing, but the Time I dont remember. But before I went up royal exchange Lane, a good many cryed for the main Guard. I heard Voices, Fire. I said it was uncommon to go to a Fire with Bludgeons. Somebody said they were uncommon Bells. Mr. Mitchelson came up and told us, there was disturbance.
       William Hunter. Mr. Mitchelson came and said there was Disturbance between Inhabitants and soldiers. We went into the Balcony, and saw great Numbers coming up from the North End and in several Parties made attempts at the Lane that leads to Murrays Barracks. There was a tall Gentleman in a red Cloak. He stood in the middle of em, and they were whist for some time and presently they huzzayd for the main Guard. They went up royal exchange Lane. And I saw no more about it. The Gentleman had a white Wigg on. They collected round him. He stood in the Center and talkd a few Minutes.
       David Mitchelson. I came up Stairs and told the 2 Witnesses that were examind before me. I was coming Home from fore street. As I was turning into Union Street, I heard a Noise, about the Post office, and went up as far as the bottom of r. exchange Lane. I heard it was a Squabble with the soldiers. The Party engagd with the Soldiers were routed, and came down that Way. I ran into Mr. Hunters House. We went into the Balcony. I Saw a pretty large Number of People, assembled. It was proposed by several to call out Fire. Fire was called several Times, and after a While the Bells set a ringing. Many People came, some came with Bucketts, many with Sticks. Several attempts were made at the Lane to Murrays Barracks. They came back, as if driven. They assembled in several little Knotts, about several little Leaders. They cryd they would go up the main Guard. The Effect immediately followd. Part went up by Cornhill, part up r. exchange Lane, part up crooked Lane. I could not observe who was leader up Cornhill. They huzzad for the Main Guard after the Proposal of it. The Bells were ringing. The largest Party went round Cornhill. I should suppose the greatest Number at any one time in King Street Dock Square was 200.

       John Short. There was a Number of People in Dock Square, and I was told that a Soldier had hurt an oyster Man. After the firing there was a Proposal of taking the Arms out of the Hall.
       Benja. Davis. At Dock Square I heard a Noise in Cornhill. I found there was a Quarrell. I went and stoppd at Silsbeys Alley. There I saw a Number Soldiers and Inhabitants, fighting with Clubbs as I thought by the Sound. A Man 3 or 4 came and cryd, where are any Cordwood sticks or Clubbs, and cryd Fire Fire Fire. One of em left his Cloak with me. The 1st Bell I heard was the brick Meeting Bell. I Saw a general Running down the Street 8 or 9 or 10 soldiers, that ran into Kings street, with something in their Hands. I went into King Street. The Engine was out. Several Knotts of People were collected. I went to the South Side of the Town House. A huzzaing in King Street. I went by the South side of the Town House and stood by Prices office. The sentinel on the Custom House steps, andPeople and Boys round him crying fire &c. He put his Piece down as if he was going to fire. 2 young Men without Hatts came to the main Guard, and said you must send Help to the sentry for I heard em say they would kill the sentinel. By and by out guard. About 7 came out their guns not shoulderd and walked right across the street to the Box. A great Noise. There I stood till the Guns were all fired. 5, 6, or 7 Guns.

       Shubael Hewes. I spent the Evening near the Dock. The Master of the House came in and said a cry of fire. I belonged to the Town House Engine. I was the first out of the House. I came by the Markett —saw a Number coming from the North. I stoppd at Colonel Jacksons Corner. A Man told me, no fire, but a Dispute between the soldiers at Murrays barracks. A Number of Lads came along, and tryd to pull out and break the Leggs of the Stalls. They came from the Northward some and some from Hubbards Corner. 6 or 7, I cant say exactly.
       James Selkrig. At Hunters. Mr. Mitchelson came in. 4 or 5 or 6 unsuccessfull attacks upon the Barracks. As a new Party came they made a fresh Attack. I saw nothing, but that they went up the ally and came back suddenly. A Gentleman with red Cloak and large white Wigg. He made a Speech to them. 4 or 5 minutes. They went and knockd with their Sticks and said they would do for the Soldiers. Not less than about 2 or 300. It was not the 1st Time I’ve seen an affair of this sort. I’le go to my Family. Ile do for the soldiers, was Spoke by Number at Simpsons store.
       Archibald Bowman. At Hunters. Fire, Fire, from different Quarters. The Parties that went up the allys came down in a furious manner as if they were chased. A Gentleman with a red Cloak and white Wigg. They stood thick round the Gentleman some time and after, huzzad for the main Guard, and went up in different Ways. A great Number of People. Dont remember, their striking Simpsons Store or, saying that’d do for the soldiers.

       Wm. Dixon. At Hunters. A Party came running down the Ally as if they met with opposition there.
       Jno. Gillespie. At 7 O Clock I went up to the South End, and met I suppose 40 or 50 People with white sticks, in Parties of 4 or 5, at Mr. Silvesters. I met Mr. Flemming’s Man. He said it was only fighting with the soldiers.

       Thomas Knight. I stood at my own Door at the sign of the 3 Kings in Cornhill. About 8 or 10 passed with sticks Clubbs and one said D—n their Bloods let us go and attack the main Guard and attack the main Guard first. The Bell still ringing. One of em made a stand and said Ile go back and get my Gun or let Us go back and get our Guns. I went in and told my Wife not to be surprized if she heard any firing for I thought from what I had heard at the Door, there would be bloodshed —and soon heard Guns. 5, 6 or 7, in 12 or 14 seconds.
       John Cookson. At the Green Dragon. A Man said if the Bells were ringing it was he apprehended an Affray with the Soldiers. The story of the Pistol or Hearsay.

       William Strong. At Marstons. We heard Fire 3 or 4 times. Going out saw several People going too and fro. Somebody said a soldier had kill’d a Boy. Went to the North Corner of the Town House. Heard a huzzaing near the Post office. Saw several Persons coming about 90, many with sticks. They stopped at the Custom House. I found the People encroaching upon the Sentry. He retird to the Steps. They encroachd upon him there. He then loaded his Gun, and presented it, and said keep off or Ile fire upon you. They cryd fire d—n you why dont you fire. One Man had the But End of a Bat in his Hand, and said dam it I’ve a great Mind to throw it at him. I said you’d better not. Presently a Cry that the Centinel was disarmed. About 90 Persons about the sentry, before the Party came down. A great Noise, and Clamour, a few snow Balls and some things thrown, by those in front.


Title: Adjournment: 29–30 November 1770
From: UNKNOWN
To:

       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.


Title: Adams’ Minutes of Defense Evidence, Continued: 30 November 1770
From: Adams, John
To:

       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 Boylston’s Ally with great Violence from Cornhill. He ran towards the barrack Gate, and then ran back again crying Town born, turn out, Town born turn out, repeated 20 or 30 times. I heard a Voice I took it to be Lt. or Ensign Mall, say who is that fellow? lay hold of him. I heard nothing Said by the Centinel, to this Man, nor by him to them. This cry of Town born was continued for 6 or 7 minutes when I heard the foot steps of several more People. In a short Space there seemed to be a great many more passing backwards and for wards whether soldiers or Inhabitants cant tell. In about 20 minutes there seemed to be, a great Number of People in Boylstones Alley. I heard their Clubbs and sticks striking on the fence on both sides. I lockd my door, put out my Lights and went up stairs to the Chamber that fronts the barracks. Then I observed 4 or 5 officers of 29 Reg. standing upon their own Steps. About 20 or 30 of the Towns People facing of em. About that time comes a little Man, and asks why dont you keep your Soldiers in the Barracks. They answerd they had done and would do every Thing they could to keep em in their Barracks. On this the small Man said are the Inhabitants to be knocked down in the streets are they to be murdered in this manner? The officers still insisted they had done their Utmost and would do it. He said you know the Country has been used ill, the Town has been used ill. We did not send for you. We wont have you here. We’l get rid of you, or drive you away, I cant say which. The officers said they would do what they could to keep the Soldiers in and beggd that he would use his Influence to disperse the People that no Mischief might be done or Words to that Effect. Whether he did or no, I cant tell, as the Confusion was so great I could not distinguish. Immediately the Cry Home, Home was mentiond. And in 5 minutes after the Cry Home Home was repeated, and the greatest Part of em perhaps two thirds went up Boylstones Ally and huzzad for the main Guard. More Towns People came up from the Market Place. There was then a good deal of Squabble and Noise between the People and the Officers, no Blows—but could not distinguish. A little Boy came down the ally, crying he was killd he was kill’d. One of the officers laid hold of him and damd him for a little rascal, and askd him what he did out of doors. The Boy 6 or 7 Year old. Not long after, a Soldier came out with his Musquet and down upon one Knee before Boylstones Ally and presented his Musquet and Said “G. damn your Blood Il’e make a Lane thro you all.” Mr. Mall, Mr. Dixon or Mr. Minchin, laid hold of him, and turned him into the Barracks and told him at his Peril to come out again. 7 or 8 Minutes after the same soldier or another, came out and repeated much the same Words, with his Gun in his Hand. Did not kneel down. He was presenting, when Mr. Mall and one other officer knockd him down, took the Musquet from him, and drove him in and I think the Gates were then shutt. Much about this Time, I heard Dr. Coopers Bell ring. I had heard the Bell ring before I thot for 9 o Clock. I heard an Officer, that I took to be Mall, say to somebody go stop that Bell from ringing. Whether any Body went I cant tell. At this Time, I saw Captn. Goldfinch of the 14th upon the Steps. Another little Man came up, much different from the other. He requested the officers that the soldiers might be kept in the Barracks. They Said they did all they could, and beggd that he would take the People away. This little Man said to the People, you hear what the officers say you had better go home. On which there was the Cry Home Home again, and many of em did say, again lets away to the main Guard, and went up Boylstones Alley. Goldfinch was still upon the Steps and while they were talking I heard the Report of a Musquet, not many Minutes after they cryd home home the last Time. In a few seconds I heard the 2d Musquet and the 3d &c. I heard Captn. Goldfinch say, I thought it would come to this it is time for me to go. A Soldier soon came and said as I thought, they had fired upon the main Guard. I then heard the drums at the main Guard beat to Arms. I went down Stairs and did not go out till I was sent for to some of the wounded People. I was call’d to Maverick and he told me he was running away from the soldiers and yet the Ball went into his Breast, thro a Portion of his Liver, wounded the stomack and one of the small Gutts and lodged between the 2 lower Ribbs on the left side. The Ball was bruisd as if it struck some object before him. Mr. Craft producd the Ball in Court.

       Capt. John Goldfinch. In Cornhill I saw a Mob collected at the Pass to Murrays Barracks. The People were pelting the soldiers with snow Balls, and possibly some other Things they picked up in the Street, I cant tell what. The soldiers were defending themselves at the Entrance of the Pass. One of the soldiers, I think had a fire shovel. I spoke to the Soldiers, as soon as they knew me, I prevail’d on them to go to the Bottom of the Pass. With some difficulty I got down and saw some officers of the 29th. Regt. I told em I suspected there would be a Riot, and I being the oldest officer present ordered them to keep the Men in, and they did so. The Mob were extreamly abusive in Language, to the soldiers, but the Vigilance of the Officers prevented the soldiers from being . . .. A little Gentleman came up to the People, and desired em to go home. Part of em made off, thro this Passage to Cornhill, about 40 or 50 of em. They damn’d the Soldiers, a Pack of Scoundrells they dared not come out and fight them. About 20 minutes after, I heard some Guns go off, and the Drum beat to arms. I told Lt. Dixon it was necessary for me to move off and join my own Regt. I dont remember saying, I thought it would come to that but it is very probable, I might, for I had seen great Confusion before. The same Evening 1/2 an Hour before, as I went up the street, a Barbers Boy, said there goes the fellow “that wont pay my Master for dressing his Hair.” I had conducted my self with that Propriety, that I thought I was the last Person to be insulted. But I found that any Man that wore the King’s Commission was lyable to be insulted any Hour of the Night.

       B. Davis Jnr. Mr. Gray who was shot came along and asked where the fire was? I was standing in Greens Lane. I told him it was the soldiers fighting. Damn it, says he I’m glad of it, i’le knock some of them in the Head. He was running away. Says I take Care you dont get kill’d. Never fear says he. Damn their bloods. He had a Stick under his Arm, what sort of a stick I cant say. It was but a little before.
       James Thompson. At 9 o Clock, I passed up thro King’s street. No Person there the sentry a lone, in Greens Lane, I and another Person met about 15 Persons, with sticks in their Hands. As they passed Us, I heard some of em say we are rather too soon. I went a Number of I went on board a Vessell, att Griffins Wharfe, and said to the People, I am afraid there will be mischief, to night, for I met a Number of People and they seemd to hint, that they were about something. Soon after the Bells rung. About 4 People aboard, who left me and went off. I heard a Woman say at a distance it is no fire, good God there will be murder committed this Night. Heard huzzaing and heard 7 Guns I think.

       Alexander Crookshanks. In royal exchange Lane, I spent the Evening. At 9, I came away, and stopped by Mr. Sterns House. I Saw 2 Boys go to a Number of People before the sentry Box about 12 or 14, and come back to the sentry with a fresh Repetition of oaths. Damn you, you lobster son of a Bitch and dared him to come and fight em, and wished him in Hells flames often and often. A lousy Rascall and dared him to come out. I heard the sentry say that was his Post, and he would maintain it, and damn them if they offered to molest them i.e.him he would run them thro. They made up some snow Balls and threw at the sentinell. Cant say whether they hit. Upon that the sentinell call’d out Guard 2 or 3 times, very loud. 7 or 8 soldiers upon that came from towards the main Guard, but were not upon Guard by their Having short Coats. Some had Bayonetts, Swords or sticks and one a Kitchen Tongues in his Hand. Upon their approach to the sentry, the two Boys, and the 12 or 14 Lads run up to the back of the TownHouse by the Barbers Shops and the soldiers after them. I crossed over to go to pudding Lane, and 3 or 4 of the Soldiers that follerd the soldiers up by the Town House came up to me and damnd me, who I was. I Said, I was going home, that I did not interfere, between the Sentry and the Boys. One of em gave me a light touch over the Shoulder, and Said, by all I can learn there will be the devil to pay between the Towns People and the Soldiers, or blood shed. They then turnd, and went towards the Sentry Box at the Custom House. I then went past the Guard House, and saw the Soldiers, that went to the sentry, returning by the Watch House and come up by the main Guard, driving or chasing the People before them. I made for Jones’s Shop. 16 or 18 People, Men and Boys, running before the Soldiers. At Jones’s they shut the Door upon me. At the Brick meeting there was 2 or 3 Lads, trying to open the Windows, in order to ring the Bell. Before I got to Dr. Sewalls Meeting, the Bells began to ring there. The Blow that was given me by the Bayonet was a light Tap, not in Anger.

       Lt. Wm. Carter. Was sitting playing Cards with the family. The Bell rung. We went to different Parts of the House to look for fire. They said there was a Riot in the street. I saw many People passing by, very fast, with an Air of Enterprice in their manner, and with a Clubb a sword or a Cutlace. I heard a Drum, which I took to be the Drum of the main Guard, but afterwards heard a peculiarity, in the Beat. This was after the firing. The People passed by, armed before the firing.
       Patrick Keeton. The 5th March. At the Mill Creek. A Noise in the Street. I went towards Union street, and saw a Number of People and followed them up with sticks and Clubbs, to Dock Square. Somebody said, a Boy and Soldier had been fowl of each other and the People soon after said cryd Kings Street. I was at the Crookd Lane, and saw the Mollatto Man that was killed had 2 Cordwood sticks that he tookout of the Wood pile. I i.e. He gave me one. Dressed Sailor like. The stick about 4 foot long not very long. The Molatto went up crooked Lane with me into Ks. street. People coming from all Parts hollowing and crying out bloody backs &c. In about 10 Minutes, some Guns went off. I heard the soldiers cry keep off, keep off. The People surrounded