Title: Indictment and Arraignment of Preston, The Soldiers, and The Civilians: March, 7 September, 1770
From: Sewall, Jonathan,Taylor, William,Winthrop, Samuel
To:

       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, that Thomas Preston Esq. William Wemms Labourer, James Hartegan Labourer, William McCauley Labourer, Hugh White Labourer, Mathew Killroy Labourer, William Warren Labourer, John Carroll Labourer and Hugh Montgomery Labourer, all now resident in Boston, in the County of Suffolk, not and having the Fear of God before their eyes, Hammon Green Boat-Builder, Thomas Greenwood Labourer, Edward Manwaring Esquire and John Munroe Gentleman, all of Boston aforesaid, not having the Fear of God before their eyes, but being moved and seduced by the Instigation of the devil and their own wicked Hearts, did on the fifth day of this instant March, at Boston aforesaid, within the County aforesaid, with force and arms feloniously, wilfully and of their malice aforethought assault one Crispus Attucks, then and there being in the peace of God and of the said Lord the King, and that the said William Warren, a certain hand gun of the value of twenty shillings, which he the said William Warren then and there held in both his hands charged with Gun-powder and two leaden Bullets, then and there feloniously, wilfully and of his malice aforethought, did shoot off and discharge at and against the said Crispus Attucks, and that the said William Warren, with the leaden Bullets as aforesaid out of the said hand Gun then and there by force of the said Gun-powder so Shot off and discharged as aforesaid, did then and there feloniously, wilfully and of his malice aforethought, Strike, penetrate and wound the said Crispus Attucks in and upon the right Breast a little below the left right pap of him the said Crispus, and in and upon the left Breast, a little below the left pap of him the said Crispus, thereby giving to him the said Crispus, with one of the bullets, aforesaid, So shot off and discharged as aforesaid, in and upon the right Breast a little below the right pap of him the said Crispus, one mortal wound of the depth of six inches and of the width of one inch, and also thereby giving to him the said Crispus, with the other Bullet aforesaid So shot off and discharged, by the said William Warren as aforesaid, in and upon the left Breast a little below the left pap of him the said Crispus one other mortal wound of the depth of six inches and of the width of one inch, of which said mortal wounds the said Crispus Attucks then and there instantly died; and that the aforesaid Thomas Preston, William Wemms, James Hartegan, William McCauley, Hugh White, Mathew Killroy, John Carroll, Hugh Montgomery, Hammon Green, Thomas Greenwood, Edward Manwaring and John Munroe, then and there feloniously, wilfully, and of their malice aforethought, were present, aiding helping, abetting, comforting, assisting, and maintaining the said William Warren to do and commit the Felony and murder aforesaid, And so the Jurors aforesaid upon their said oath do say that the said Thomas Preston, William Wimms, James Hartegan, William McCauley, Hugh White, Mathew Killroy, William Warren John Carroll, Hugh Montgomery, Hammond Green, Thomas Greenwood, Edward Manwaring, and John Munroe, then and there in manner and form aforesaid feloniously, wilfully and of their malice aforethought did kill and murder the said Crispus Attucks, against the peace of the said Lord the King, his Crown and Dignity.

        Jon. Sewall Atty. pro Do. Rege
        This is a true Bill. Wm. Taylor Foreman

        August Term 1770
        And now the said Thomas Preston Hammond Green Thomas Greenwood, Edward Manwarring and John Munroe, are brought and set to the Bar and arraigned, and upon their arraignment severally plead not guilty, and for Trial put themselves upon God and the Country

        Att. Saml. Winthrop Cler.

        To this Indictment the said William Wimms, James Hartegan, William McCauley, Hugh White, Mathew Killeroy, William Warren, John Carrol, Hugh Montgomary, being also brought and set to the bar and arraigned, severally plead not guilty, and for trial put themselves upon God and the country.

        Att. Sam. Winthrop Cler.


Title: Adams’ Notes of Authorities For the Preliminary Argument: 24 October 1770
From: Adams, John
To:

       By the Statute 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.


Title: Paine’s Minutes of the Preliminary Argument: 24 October 1770
From: Paine, Robert Treat
To:

       Question 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 Challenge. To two of em viz. Jona. Day and Edmund Billings Council on both sides agreed they should not be sworn and no Exception taken.
       Question of putting several Homicides into one Indictment.
       Question of the Rights of the Crown to Challenge.
       Objection to previous threats.
       @ Trial per Pais 585.


Title: Paine’s Minutes of Samuel Quincy’s Argument for The Crown: 25 October 1770
From: Paine, Robert Treat
To:

        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.”


Title: Anonymous Summary of Defense Evidence: 25–27 October 1770
From: UNKNOWN
To:

       Witnesses for the Prisoner
       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 Sword and went with them.
       Edward Hill. A little after 9 I heard the Bells. Came down as far as the Town House. Asked where the fire was. Was told there was none but the Soldiers were killing the Towns People. Some of them said they would take the Centinel off his Post at the Custom house. Capt. Preston went to the Guard house. Took off a Guard. The People came from the Barracks. Some were for going to the Main Guard. Others said no don’t disturb them, we will take the Centinel at the Custom house off his Post. I went and told this to a Centinel at the Main Guard. They sent an Officer and Party to the Captain who came down with Mr. Basset. I was going down towards the Post Office and heard one or two Guns fired. I turnd back. When I got to Jacksons Corner heard two more. Went down towards the Centinel. Saw one Gun fired and the bullet struck on the Stone Wall. After all the firing Captain Preston put up the Gun of a Soldier who was going to fire and said fire no more you have done mischief enough.
       Benjamin Davis. I came into King Street. Saw people about in knots. Some at the bottom of the Town House, some at Jackson’s corner. Heard a noise down the Street and saw about 20 or 30 people round the Centinel who stood on the Custom House steps, they crying fire, damn you fire. I saw the Centinels Gun sometimes level and sometimes up. When his Gun was up they closed in, when down retreated. When I was up by the Guard two young men Inhabitants came up. One said you must send a party to the Centinel for I heard some of the People say they would kill him. In about 1/2 a minute somebody within said, out Guard and about seven came out and marched down Street and posted themselves round the Centry Box. There were then about 100 People near the Custom house about the Party. I stood about 6 minutes after this, hearing great noise and huzzaing but could distinguish no words, being up at Price’s Office. When I was near the Barracks a young Gentleman came to me and asked me to go help be at the Soldiers. I stood at Price’s office during all the firing. I never saw the Captain till all was over. There was about six seconds between the first and second firing. I saw about 9 Soldiers running up Silsbys Alley into the Street. I went into the Street but did not see them there.

       Friday 26 October 1770.
       Joseph Edwards. I heard the Bells. Came down King street. Saw some Boys about the Centinel abusing him. Advised them to go off. They told me they would. They were calling for others and gave three cheers. There were about 12 or 15 who abused the Centinel. Presently the Guard came and I heard the word prime and load given. I took it the Grenadier on the left hand gave the word. He was dressed in red and had a Gun in his hand for I saw him prime. I stood below the steps on the flat stones and he stood below me. There was a large number of People in the Streets and were gathering.
       John Frost. I heard the Bells and came out. The People in Cornhill said the Soldiers and People were fighting and they had drove the Soldiers into the Barracks. They huzza’d up the Street. I went up and saw two boys and some men about the Centinel. One of the Boys said to the Centinel this is the dog that knockd me down. The body of the People were about two yards off looking at the 2 boys and the Centinel who went to the steps and loaded and struck his Gun against the door, as I took it, to get in. He did not touch the latch. The people in general seem’d to cry damn him he dare not fire. I did not hear the Centinel call for help but saw the Guard come and a man who I took to be the Captain. He had a thing or Plate upon his breast—a Sash on—a Sword in his hand—and Regimentals. He stood in the rank three Soldiers on his right. I did not see the Party till drawn up.

       Benjamin Lee. I heard the Bells ring. Ran out. Came to Dock-square. The People about 30, told me the Soldiers and Inhabitants were fighting. We all ran up into King street and there I saw the two Barbers boys. One of ’em said thats the dog that knock’d me down. Thereupon the People generally cried kill him, kill him, knock him down. Some of them had walking Sticks but not Clubs as Mobs have. There were about 60 People about the Centinel. He ran to the steps and knock’d at the door. After he found he could not get in he Primed and loaded and rested his Gun on his hip. They press’d on. He bad them stand off. They said Damn him he durst not fire. The Centinel then called turn out main Guard. They came and posted themselves about him. I saw Capt. Preston as soon as the Soldiers were ranged. A man went and asked him if he was going to fire. No Sir upon my honor if I can any way avoid it. I knew the Captain by sight and name. He stood to the left of the whole rather behind with his back towards the long Wharfe. He had his Regimentals, a hat on, his breast plate and Sash round his body and Sword in his hand. I saw no Snow balls. I went away as soon as the Man spoke to the Captain.
       Richard Palmes. Being at the Coffee House after 9 heard the Bells. Went up King Street. Saw the Centinel walking quietly. Went up by the Town House. People told me the Soldiers at Murrays barracks were abusing the People. I went there saw a number of Officers at the Gate with Guns and People before them about 20 or 30. I ask’d the Officer why they suffered the Men to be out after eight oClock. Do you mean to teach me my duty. No but to remind of it. One of the Officers said the Soldiers are gone into the Barracks, let the People go home. Mr. Lamb said home, home. They went off. I came through the alley with Mr. Hickling. I saw Mr. Pool Spear. I walked with him to the Pump. Somebody there said there was a Rumpus in King Street. I went down. When I had got there I saw Capt. Preston at the head of 7 or 8 Soldiers at the Custom house drawn up, their Guns breast high and Bayonets fixed. Found Theodore Bliss talking with the Captain. I heard him say why don’t you fire or words to that effect. The Captain answered I know not what and Bliss said God damn you why don’t you fire. I was close behind Bliss. They were both in the front. Then I step’d immediately between them and put my left hand in a familiar manner on the Captains right shoulder to speak to him. Mr. John Hickling then looking over my shoulder I said to Preston are your Soldiers Guns loaded. He answered with powder and ball. Sir I hope you dont intend the Soldiers shall fire on the Inhabitants. He said by no means. The instant he spoke I saw something resembling Snow or Ice strike the Grenadier on the Captains right hand being the only one then at his right. He instantly stepd one foot back and fired the first Gun. I had then my hand on the Captains shoulder. After the Gun went off I heard the word fire. The Captain and I stood in front about half between the breech and muzzle of the Guns. I dont know who gave the word fire. I was then looking on the Soldier who fired. The word was given loud. The Captain might have given the word and I not distinguish it. After the word fire in about 6 or 7 seconds the Grenadier on the Captains left fired and then the others one after another. The Captain stood still till the second Gun was fired. After that I turned and saw the Grenadier who fired first attempting to prick me by the side of the Captain with his Bayonet. I had a large Stick in my hand. I struck over hand and hit him in his left arm. Knocked his hand from his Gun. The Bayonet struck the Snow and jarr’d the breech out of his hand. I had not before struck at any body. Upon that I turnd, thinking the other would do the same and struck at any body at first and hit Preston. In striking him my foot slip’d and my blow fell short and hit him, as he afterwards told me, on the arm. When I heard the word fire the Captains back was to the Soldiers and face to me. Before I recovered the Soldier who fired the first Gun was attempting again to push me through. I tossed my Stick in his face. He fell back and I jump’d towards the lane. He push’d at me there and fell down. I turn’d to catch his Gun. Another Soldier push’d at me and I ran off. Returnd soon and saw the dead carrying off and the party was gone. The Gun which went off first had scorched the nap of my Surtout at the elbow. I did not hear the Captain speak after he answered me. Was there but about 3/4 of a minute in the whole. There was time enough between the first and second Gun for the Captain to have spoke to his Men. He stood leaning on the dagger in the scabbard. At the time of the firing there was between 50 and 80 People at some distance not crowding upon the Soldiers and thin before them.

       Theodore Bliss called again. I related an account of the affair to John Coffin.

       Matthew Murray. Heard the Bells and ran out and heard what was in King street. I went in and got the handle of a Broom. Went to King Street. Saw no Soldiers. Went to Murrays Barracks. The Soldiers were gone. They bid me go home. Went into King Street, heard the Barbers boy say this is the man struck me with the breech of his Gun. The Centinel went to the steps and loaded. They dared him to fire. The Guard came down. I saw ’em load. Somebody spoke to the Captain and told him he had best withdraw none of the People would interrupt him. I stood next to the Grenadier. Saw a stick or piece of Ice strike him upon his right side. On which he instantly fired and I went off. I heard no order given. I stood within two yards of the Captain. He was in the front talking with a Person, I dont know who. I was looking at the Captain when the Gun was fired. The Soldier stood on the Captains right. I saw two or three Snow balls thrown at the Soldiers before the Gun was fired, but none after for I went off immediately. The Captain had a Sword in his hand. I know not whether he had a Surtout on but believe he had. I know Capt. Preston by sight. The Prisoner is the Man. A Woman crowded by and spoke to the second Soldier on the right. I think if the Captain had given orders anything loud I should have heard.
       Andrew a Negro Servant. Hearing the bells ring came out. I met one of my acquaintance at the bottom of School Street holding his Arm. He said the Soldiers had begun to fight and were killing every body. One had struck him with a Cutlass and almost cut his arm off. He advised me not to go. I told him a good club was as good as a Cutlass and he had better go and see if he could not cut too. Went to the Main Guard. Saw two Centinels much enraged with the People who were crying who buys Lobsters. I stood two or three minutes, saw the People, about 20, some with sticks run down by Jacksons corner. We went on towards the whipping Post. Some threw Snow balls at the People round the Custom house. They returnd none. Some boys who stood near the middle of the street said they have got his Gun away and now we will have him. I then heard them give 3 cheers round the Custom house. Then run up to the Town house to see if the Main Guard would not turn out. I went to the corner and 7 or 8 Men came out. Were in a line with an Officer before ’em, with a Sword in his hand, a laced hat on, and a red Coat, and I remember Silver on his Shoulder. They then filed and went to the Custom house. The Men seemed to be in great rage. The Officer was either on the Northerly side of ’em or else before ’em. I was behind them. I did not see the Officer after he passed the corner of the Town house. I stood at Peck’s corner. The Soldiers had got down. The People gave 3 cheers. The Boys at Pecks corner kept pelting snow balls over that way. I jumped off a Post on which I stood. Went over. Crowded through. Heard the people halloo here comes Murray with the Riot Act. They turned about and pelted somebody who ran thro’ Pudding lane. I ran to Phillips’s corner. I went from thence to try to get to the Custom house and get through the People. When I was at the head of Royal Exchange I heard the Grenadier who stood next the corner say damn your blood stand off, or back. The People without were crowding in to see those within forcing themselves from the Grenadier who was pushing his Bayonet at ’em. A young fellow said Damn you, you bloody back Lobster are you going to stab me. He said by God will 1. A number said come away, let ’em alone, you have nothing to do with ’em. Turning round to see who there was I saw the Officer and two Men were talking with him. Some jumping upon their backs to hear what was said. I heard somebody I took to be the Officer say stand off and something I could not understand. I then heard somebody say Damn him he is going to fire and then they all began to shout, gave three cheers, clapd hands and said Damn them they dare not fire and began to pelt Snow balls at the Soldiers. I saw Snow balls thrown and saw the Soldiers dodging and pushing their Bayonets. I saw several Snow balls hit them. I was crowding to get as near to the Officer as I could. A Person who stood near behind me with trowsers on as the Grenadier pushed at him in his station struck the Gun aside with a long stick. The Grenadier told ’em to draw back. If he had stepd from his Station he might have killed me. I was just out of his reach. Some that stood round me endeavoured to go back. Some people came from Jacksons corner Damn ’em, knock over we are not afraid of ’em. A stout man forced his way through came up between me and the Grenadier. He had a stick in his hand. I saw him strike at the Officer. Persons were talking with him. I saw him dodge and try to fend off the blow with his arm. He then began to strike on the Grenadiers Gun who stood about a yard and a half from the Officer on the right. I saw the Grenadier attempt to stick him with his Bayonet. He put it aside with his left hand, step’d in and gave a lick upon the Grenadiers neck or Shoulder with his Club. It was a cord Wood stick not very long. As he struck I turnd about, looked at the Officer. There was a bustle. The stout man had still hold of the Bayonet. After the Molatto was killed I took him to be the man. While I was looking at the Captain the People crowded me on between the Soldiers, upon the Mans having the advantage of the Grenadier, crying kill ’em, kill ’em, knock ’em over. Thereupon the Grenadier step’d back relieved himself and began to pay on the people with his Gun to beat them back. They rush’d back very quick making a great noise or screeching huzzaing and bid the Soldiers fire damn you, you dare not fire. I jump’d back and heard a voise cry fire and immediately the first Gun fired. It seemd to come from the left wing from the second or third man on the left. The Officer was standing before me with his face towards the People. I am certain the voice came from beyond him. The Officer stood before the Soldiers at a sort of a corner. I turned round and saw a Grenadier who stood on the Captain’s right swing his Gun and fire. I took it to be Killeroy. I look’d a little to the right and saw a Man drop. The Molatto was killed by the first Gun by the Grenadier on the Captains Right. I was so frightened, after, I did not know where I was. The first place I found myself in was Dehone’s entry.

       Mr. Wendall Master of the Black was Sworn and examined to his Character for the satisfaction of the Court tho’ no exception had been taken to it. He has lived with me ten years. His character for truth, integrity and understanding is good.
       Andrew the Black re-examined. The time from my seeing the Guard planted at the Custom house to the 2d gun did not exceed 5 or 6 minutes.
       John Coffin. Theodore Bliss a few days after the affair told me he was in the Street and at the time of the Soldiers firing he spoke to the Captain and asked him if his men were going to fire. The Capt. said no by no means.
       Theodore Bliss again. I do not now remember those words but I gave Coffin an account.
       Jack Negro Servant to Doctr. Lloyd. Hearing the Bells ring I ran out and went down to a great many Men by the Custom house. A Snow ball hit me on the head. I went to Stone’s door. Heard a gun and saw one man dead.
       Daniel Cornwall. Hearing the Bells ring I ran to King street. Saw a lad who told me a damnd Rascal of a Soldier had struck a Man with a Cutlass. I said where is the damnd villain gone. They gave three Cheers and went to Murrays Barracks. They were not there. Some the People had sticks. I went into a number round the Custom house. Some of them flinging Snow balls and Oyster Shells at the Centinel. Some were for killing him. Some for taking the Sentry Box and burning it. Some for throwing over board. Standing in the middle of the Street saw the Soldiers by the Sentry box. Capt. Preston before ’em. Saw a young man talking with him. I went within two yards of him. He seemed much concerned, but I could not hear any thing. Presently heard a stick come against a Gun—immediately—about 1/4 of a minute a Gun went off. I know not who fired it. Capt. Preston was within 2 yards of me—before the Men—nearest to the right—facing the Street. I was looking at him. Did not hear any order. He faced me. I think I should have heard him. I directly heard a voice say Damn you why do you fire. Dont fire. I thought it was the Captains then. I now believe it but dont know. I then ran away.
       William Sawyer of Bolton a Country Town. Hearing the Bells ring for fire I ran towards the Town house. Came to the Guard. Saw some Soldiers fixing their Bayonets. Saw people down Street. Went. The Soldiers came and faced about. The people closed upon them. They stood dallying. I was first on the left Wing but crowded to the right at Exchange lane. The Soldiers were pushing to keep the people off. They came as close as they could. The people kept huzzaing. Damn ’em. Daring ’em to fire. Threw Snow balls. I think they hit ’em. As soon as the Snow balls were thrown and a club a Soldier fired. I heard the Club strike upon the Gun and the corner man next the lane said fire and immediately fired. This was the first Gun. As soon as he had fired he said Damn you fire. I am so sure that I thought it was he spoke. The next Gun fired and so they fired through pretty quick. I ran off as soon as they had fired. Heard a clattering on the pavements and saw a Soldier down. I was in a fright and cant say. I was looking on the man that first fired. I do believe it was the man on the right who had a Gun and am satisfied of it. Others might have said the same but I did not hear them. The people were crying fire. I dont believe the Soldiers did.
       Jane Whitehouse. I live nigh the Centinel. Heard a noise. Went out. Ask’d the Centinel whats the matter. He didn’t know. Some people came and said there’s the Centinel, the bloody back Rascall, let’s go kill him. They kept gathering throwing Snow balls, Oyster Shells and chunks of Wood at the Centinel. Beat him from out of his Box to the steps. A space after saw a party coming from the Main Guard, an Officer which proved to be Capt. Preston with them. He desired his Men to halt and the Centinel to recover his Arm, fall into his Rank and march up to the Main Guard. The Centinel fell in and the men wanted to move forward to the Guard house but could not for the Riot. The people called out fire, damn you why dont you fire, you cant kill us. I steppd to the Party. Heard a Gentleman ask the Capt. if he was going to order his men to fire. He said no Sir by no means, by no means. A Man—the Centinel—then pushed me back. I step’d back to the corner. He bid me go away for I should be killed. A Man came behind the Soldiers walkd backwards and forwards, encouraging them to fire. The Captain stood on the left about three yards. The man touched one of the Soldiers upon the back and said fire, by God I’ll stand by you. He was dressed in dark coloured Cloaths. I don’t remember he had a Surtout or any lace about him. He did not look like an Officer. The man fired directly on the word and clap on the Shoulder. I am positive the man was not the Captain. My attention was fixed on him, for the people said there’s the Officer damn him lets kill him. I am sure he gave no orders. I saw the People throw at them. I saw one man take a chunk of wood from under his Coat, throw at a Soldier and knocked him. He fell on his face. His firelock out of his hand. Near the little run of water by the Sentry box. He was the right hand Soldier. This was before any firing. The man recovered himself and took up his firelock. The chunk was thrown a few minutes before the man clap’d the Soldier on the back. The second gun went off about a minute after the first. I didn’t hear any body say fire between the first and second Gun.

        It being said that Jane Whitehouse thought there was no obligation from Oaths administred by holding up the hand she was Sworn upon the Bible.

       Newton Prince a Negro a Member of the South Church. Heard the Bell ring. Ran out. Came to the Chapple. Was told there was no fire but something better, there was going to be a fight. Some had buckets and bags and some Clubs. I went to the west end of the Town House where were a number of people. I saw some Soldiers coming out of the Guard house with their Guns and running down one after another to the Custom house. Some of the people said let’s attack the Main guard, or the Centinel who is gone to King street. Some said for Gods sake don’t lets touch the main Guard. I went down. Saw the Soldiers planted by the Custom house two deep. The People were calling them Lobsters, daring ’em to fire saying damn you why don’t you fire. I saw Capt. Preston out from behind the Soldiers. In the front at the right. He spoke to some people. The Capt. stood between the Soldiers and the Gutter about two yards from the Gutter. I saw two or three strike with sticks on the Guns. I was going off to the west of the Soldiers and heard the Guns fire and saw the dead carried off. Soon after the Guard Drums beat to arms. The People whilst striking on the Guns cried fire, damn you fire. I heard no Orders given to fire, only the people in general cried fire.
       James Woodall was Sworn on the Bible. I came into King Street, saw a great number of People there and a party of Soldiers and an Officer at the Main guard and followed them to the Custom house. The Sentry box was in the Gutter and the Centinel fell in with the Soldiers. They were drawn up. I saw one Soldier knock’d down. His Gun fell from him. I saw a great many sticks and pieces of sticks and Ice thrown at the Soldiers. The Soldier who was knock’d down took up his Gun and fired directly. Soon after the first Gun I saw a Gentleman behind the Soldiers in velvet or blue or black plush trimd with gold. He put his hand towards their backs. Whether he touched them I know not and said by God I’ll stand by you whilst I have a drop of blood and then said fire and two went off and then the rest to 7 or 8. I stood between Capt. Preston and the Lane. The Captain, after, seemed shocked and looked upon the Soldiers. I am very certain he did not give the word fire. I did not hear the word but once till after all the firing. They said ’twas only Powder and bid them fire. I saw one Person speak to the Captain when the first gun was fired. The people at the time of firing were about 4 yards distant. The Soldiers were in a single rank. The Gentleman behind had a Wigg.
       Joseph Helyer. Hearing the bell ring I repaired to the middle Town. Passed up Cornhill. The Street was still. Went down to the Custom house. Saw some people about the Centinel who was on the steps. Heard some young voices say fire if you dare. Some people came along and told the Boys not to molest the Centinel. I went up King street near the foot of the Town house. Met 8 or 10 Soldiers coming down. I observed a Commission officer with them. I heard a Person say to the Officer you need not or you won’t fire upon them, you have nothing to do but to keep them off. The Soldiers went to the Custom house. As soon as they got there I heard a confused noise and went down and found them in a rank intire. Whether 1/2 moon or strait I know not, with their Bayonets charged. Just after I passed the last Man on the left a gun was fired on the right. In about 20 seconds a second. In about 10 seconds a third. The last man but one fired on the left last. I heard no orders. It appeared to me the Soldiers who fired acted pure nature. I mean they acted and fired by themselves because of their being disciplined and fired without orders. I saw no contest between the Soldiers and Inhabitants that could justify their firing and when I saw the men lying in the Street I could not believe they were dead. After the firing the Captain said dont fire upon the Inhabitants. When I went to the Custom house there were but about 30. At least about 100 or 60. The Sentry box was not in the Gutter.
       Captain James Gifford. About 10 OClock went to the Main Guard and found Capt. Preston. He told me he had sent a Party to Protect the Centinel. That the Mob attacked them so furiously that they fired upon them.
       The Prisoner asked did you ever know an Officer order Men to fire with their Bayonets charged: answer no.
       Thomas Handaside Peck. I was at home when the Guns were fired. I heard ’em distinct. I went up to the main guard and addressed myself to the Captain and said to him What have you done? He said, Sir it was none of my doings, the Soldiers fired of their own accord, I was in the Street and might have been shot. His character is good as a Gentleman and Soldier. I think it exceeds any of the Corps.
       Harrison Gray junr. About 1/4 after 9 went into the Street and saw about 60 Persons round the Centinel insulting him. I advised ’em to let him alone and told ’em if he had offended ’em that was not the place to resent it. They continued noisy and said damn him let him fire he has but one Gun. I told ’em he was so near the Guard he could have a party presently. They continued very noisy and I went in to Mr. Paine’s.
       John Gillespie. About 7 o’Clock, in the forestreet, towards the South end met a number of Inhabitants coming down with Sticks and Clubs. After, was told the Bell rang for fire, but was told by Mr. Freeman there was no fire but the People were fighting somewhere with the Soldiers. Some people said by God lets go to their assistance. Came to the Guard House. Saw a great many People there. Went home and heard the Guns fired.
       Saturday 27 October 1770
       Lieutenant Governor. I suppose I need not mention any thing which preceded my coming into King Street. I was pressed by the people almost upon the Bayonets. The People cried the Governor. I called for the Officer. He came from between the Ranks. I did not know him by Moon light. I had heard no circumstances. I inquired with some emotion, How came you to fire without Orders from a Civil Magistrate? I am not certain of every word. I cannot recollect his answer. It now appears to me that it was imperfect. As if he had more to say. I remember by what he said or his actions I thought he was offended at being questioned. Before I could have his full answer the people cried to the Town house, to the Town house. A Gentleman by me (Mr. Belknap) was extremely civil. I thought he press’d my going into the Town house from a concern for my safety. I was carried by the crowd into the Council Chamber. After some hours Capt. Preston was brought there to be examined. I heard him deny giving Orders. I am very sure it did not occur to me that he had said anything in answer to my question in the Street which would not consist with this denial. My intention in going up was to enquire into the affair. I have no particular intimacy with Capt. Preston. His general character is extremely good. Had I wanted an Officer to guard against a precipitate action I should have pitched upon him as soon as any in the Regiment.
       The Evidence was ended.


Title: Paine’s Minutes of Adams’ Argument: 27 October 1770
From: Paine, Robert Treat
To:

       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 ordered Corporal and Soldiers to go.
       A Sargeant’s Command.
       Captains never take command of less than 40 unless on Special Occasion.
       They call’d the Centry bloody Back, must allude to the severe whippings. Also Lobster.
       Opposed to the Evidence of Yankee, Boogerers
       Wm. Wyat is one who thinks Capt. Preston ordered to fire.
       Surtot. Behind Soldiers, 1st Gun fired on left.
       Robert Goddard. You observed he is not capable of making Observation: you know, Scarce ordinary Understanding.
       Prisoner knows the use of Language too well to Say murder ’em.
       He says Capt. was behind the Soldiers.
       Danl. Calf. Nearly right with regard to Captain’s Scituation, Sensible, hard to Account for mistake.
       It must be this Capt. said fire by no means when People spoke to him.
       Morton. Shows there was a mistake made about Commanding Officer.
       Had a Surtot on not Red.
       Marching Guard to Fortification.
       Fosdick. Never saw em prime and load. Therefore not Cool.

       Sherriff Greenleaf. After Bells ringing said no fire here. Some killed. I went to Lt. Governor’s. He was gone to Town House. I went to Guard House Prisoner said he did not Command the Party he said that it was a Corporals Command, that he did not order the firing. Lt. Gov. sent for Capt. and Bassett. Prisoner said he should have delivered himself up if he had known of a Warrant.
       Peter Cunningham. He is warm temper and brisk Spirits, natural for such a Witness to Suppose Capt. gave Orders.
       His distance.
       Man is a Social Creature. His Passion and Imagination Contagious.
       The Circumstances had a tendency to move all the Passions.
       Have had a tendency to produce Gloom and Melancholly in all our minds.
       May account for the variation in the Testimony of honest Men.
       NB. this is applicable to agravated account of Assaults.
       The Publication of Evidence, an accidental misfortune to Prisoner.
       Some Evidence for Prisoner.
       Jos. Edwards. Says a Man with Musket ordered to prime and load.
       John Frost. Said Fire fire. It might be said by 3 Sorts of people.
       Benja. Leigh. The 1st. assault was by people from Dock Square.
       Prisoner’s Answer. If I can avoid it.
       Lt. Govr. After I had got to King Street I was push’d by a vast throng of people to the place where Troops stood. My intention was to make enquiry into the Cause. I was crouded on Bayonets. Cry, the Govr. I said where is that Officer, why did you fire without order from a Civil Magistrate? I did not know the officer that came out of the Ranks. I cant recollect the Answer, it was imperfect and thought he did not like the question.
       Knox. Said he stopt Prisoner Going down, and therefore, they primed and Loaded before he got down, compared with Cunningham and Edwards.
       Burdick. The Soldiers had reason to think they came to kill ’em.

       Preston said perhaps you may, too Cool for a man who had ordered to fire.
       NB. It was his Trade.
       Robt. Fullerton.
       Richd. Palmes. An Inhabitant of Town, therefore not prejudiced in favor of Soldiers. The most material Witness in the Case. T. Bliss said to Prisoner why dont they fire, God damn you fire. Prisoner knew Gun loaded with Ball.
       Self preservation would have made Capt. alter his place at firing.
       He had time to order to recover. Surprise. Might think it only Powder, no man fell.
       Palmes and Bliss. Both Say Prisoner was before Soldiers.
       Wyat. His Account of Stepping before and saying why did you fire, must show him to be diabolically malicious.
       Math. Murray. Preston before ’em. Saw the woman talking to soldier.
       Andrew. People thought they were in Riot by Crying Murray and Riot act.
       What Occasion’d he the Lad to put himself into that posture before Bayonet.
       Saw the Officer with 2 persons in front of Soldiers.
       Stout Man Struck at officer, 2 persons still talking to Prisoner.
       No Body else remembers this.
       Cornwall. NB. he said Prisoner not talking with any Body.
       Whitehouse. Went up to Guard House. NB. Centry cant go.
       Lt. Govr. Had Prisoner been conscious of Rashness, he would have gone off, Evidence of Innocence.


Title: Adams’ Minutes of Paine’s Authorities: 29 October 1770
From: Adams, John
To:

       Paines Authorities.
       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, 1657. 538.


Title: Anonymous Minutes of Paine’s Argument for the Crown
From: UNKNOWN
To:

       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 Rhetoric for Reason and Argument. This Prosecution is founded on one of the most essential Laws of Nature: Murder is such a Daring Violation of the first Laws of Society that if suffered with impunity, will not only annihilate every blessing we derive from Social Compacts, but, cause them to be reconed among the greatest Misfortunes that attend Mankind. Your enquiry Gentlemen in this important Affair will be directed to these two points—did the Prisoner give Orders to fire, in consequence of which ensued the Death of any, or all the Persons named in the Indictments? If so, has he offered any thing to reduce this Crime to a lower Species of homicide than Murder? The Evidence from it’s Nature, must be complicated and their Witnesses as well as ours, vary in their Accounts but from the whole taken together, you are to collect the facts. Great pains have been taken to convince you that we are mistaken in the Man, that the Prisoner never gave Orders to fire, and if he did, the Necessity he was  to, must justify it: but a little enquiry into the State of the Evidence will rectify all these Mistakes. From the Deposition of Colonel Marshal and others it appears, that there was a Number of Soldiers patroling the Streets, brandishing their Weapons of Death and threatning the innocent Inhabitants, with Bloodshed and Slaughter: Is it strange then that the People were alarmed, that their Fears and even Indignation were excited, at this clamorous and hostile appearance of the Soldiers? The Inhabitants undoubtedly had as good a Right to appear in behalf of their injured Fellow Citizens, as Capt. Preston to espouse the Quarrel of his Centinel: but here’s the Michief, neither had a right to interfere: was the Centinel abused? There were peace Officers at hand, to protect him; and miserable is the Situation of that People, whose ultima Ratio Legum, is Guns and Bayonets! For what did we quit our native Savage State; but by combining the power of Numbers, to restrain the Lawless Ravages of Individuals and establish personal Security on it’s surest Basis? That the Prisonerat the Bar, wantonly assuming the powers of Government, has exercised a worse than savage Cruelty, in Butchering a Number of his Fellow Subjects; you have the Testimony of Numbers: some sware to the Identity of his Person, the words he uttered, the Station he was placed in; and some to the Motion of his Lips, that accompanied his Orders to fire: but to invalidate all this positive proof, they have produced several Witnesses to testify that the Prisoner stood in the front, when some of ours place him in the Rear, and that if Capt. P. gave any orders to fire they did not hear them: a little Attention to Mr. Fosdick’s Deposition will cure all this Difficulty: he sais, “at the same time the Prisoner gave orders to fire, he retired into the Rear”: now his thus being both in front and Rear, within a few seconds, this apparent Variance is easily reconciled. Mr. Palmes (their principal Witness) is a Gentleman who I can by no means suppose wou’d be guilty of a known Falshood; but he is certainly mistaken, either in the Person or Situation of the Prisoner; unless you can discredit the Testimony of Many Persons (whose Veracity is equally unimpeachable) that have sworn directly to the contrary. I acknowledge there is some little Confusion in the Evidence which must certainly operate as much to their Disadvantage, as ours, And at least destroy the Supposition of a preconcerted plan to convict the Prisoner—but some of their Witnesses, in a very extraordinary fit of fancy, have given such romantic Accounts, that Persons of less extravagance than themselves, can give but little hardly Credit them. Andrews Testimony is very curious, he tells you he saw a stout Fellow run down the Street, make his way thro’ the People and rush upon the Soldiers; a fact, which, unless all the other Witnesses were Stone-blind, or deprived of their Senses, never had existence but in his own brain: but his Imagination once set on fire, did not stop here; for upon seeing one Person shot dead, Andrew must think himself dead too, and for some time lost all Consciousness even of his own Existence: These unaccountable flights of Fancy may be ornamental in a Poet (It was suggested in favour of Andrew’s Understanding, that he had wrote poetry), but, will never establish the Credibility of an Historian.
       Now Gentlemen the fact being once proved, it is the prisoner’s part to justify or excuse it, for all killing is, prima facie, Murder. They have attempted to prove, that the People were not only the aggressors, but attacked the Soldiers with so much Violence, that an immediate Danger of their own Lives, obliged them to fire upon the Assailants, as they are pleased to call them. Now this violent Attack, turns out to be nothing more, than a few Snow-Balls, thrown by a parcel of Boys; the most of them at a considerable distance, and as likely to hit the Inhabitants as the Soldiers (all this is but which is a common Case in the Streets of Boston at that Season of the Year, when a Number of People are collected in a Body), and one Stick, that struck a Grenadier, but was not thrown with sufficient force to wound, or even sally him; whence then this Outrage, fury and abuse, so much talk’d of? The Inhabitants collected, Many of them from the best of Motives, to make peace; and some out of mere Curiosity, and what was the Situation of Affairs when the Soldiers begun the fire? In addition to the Testimony of many others, you may collect it from the Conduct of Mr. Palms, a Witness on whom they principally build their Defence. Wou’d he place himself before a party of Soldiers, and risque his Life at the Muzzels of their Guns, when he thought them under a Necessity of firing to defend their Life? ’Tis absurd to suppose it; and it is impossible you should ever seriously believe, that their Situation could either justify or excuse their firing Conduct. I would contend, as much as any Man, for the tenderness and Benignity of the Law; but, if upon such triffling and imaginary provocation, Men may o’erleap the Barriers of Society, and carry havock and Desolation among their defenceless, Fellow Subjects; we had better resign an unmeaning title to protection in Society and range the Mountains uncontrol’d. Upon the whole Gentlemen the facts are with you, and I doubt not, you will find such a Verdict as the Laws of God, of Nature and your own Conscience will ever approve.


Title: Adams’ Minutes of Trowbridge’s and Oliver’s Charges to the Jury: 29 October 1770
From: Adams, John
To:

        Judge Trowbridge.

       1. H.H.P.C. 442. 8 Soldiers. 7 Guns fired. 5 Persons killed. Query whether it must not be proved which Soldier killed which of the deceased.

       J. Trowbridge.
       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 King has not Authority.
       Stat. C 2. 12. C. 2d. Command of all Forces by Sea and Land, is and ever was in his Majesty. It is the K’s duty to watch when any Invasion is intended. And this Authority extends to all the Dominions as well as Realms. Not to be kept up, a standing Army without express order of Parliament. Mutiny Act annual.
       Next Q. whether the commanding officer of the Troops here appointed a Sentry at the Custom house. Next whether the Centinel was assaulted and insulted. No concerted Plan on Either side, but bickerings, &c. and any little Spark would in kindle a great fire—and 5 lives sacrificed to a Squabble between the Sentry and Piemont’s Barbers Boy. A sawcy Speech in the Boy. The Sentry no Right to strike him. The Credit of the Witnesses is entirely with you. Next whether assistance was call’d for by the Centinel. Garrick, Crookshanks, Langford and Lee, say he did. Hill, Jackson, and Davis say the Guard were call’d. If you find that he went to protect the Sentry, it is plain in my Mind, it was a lawful assembly. If they were not assaulted, as soon as they turned their Arms against the Inhabitants, they were an unlawfull assembly. Witnesses say they were assaulted are &c. Thus in MS. By whom? were they assaulted? By Boys only or by Men? Next Q. whether the People assembled round the sentry or Party, were a lawfull Assembly. If unlawfull, all present, aiding, abeting or incouraging were principals. Any Act done by one, is chargeable upon all.
       Judge Trowbridge. Next whether the firing could be justified, by any Thing that was done by any one of this unlawfull Assembly. An assault lifting up a Hand in Anger, throwing a Bottle a material Difference between Justifiable or excusable, and extenuate it to Manslaughter. Next, whether Prisoner was aiding and abetting this Firing, 1st whether he orderd to load, or to fire. Next whether he had a Right to order them to load. Cunningham says orderd ’em to load, the same Man that led the Party down. Wyat says so too. It seems to be agreed on all Hands the Corporal led the Party down. Edwards contrary. Knox and Archibald say the Corporal that led em down, And orderd them to prime and load. If it remains only doubtful in your Minds whether he did order the loading or not, you cant charge him with doing it. If he did it, whether he had a Right. If the People were gathering, and insulting and assaulting him and his Party he might put himself in the best Posture of Defence. Next Q. whether he gave the orders to Fire? Settle the Place where the Man was who gave the orders, and the Place where Captain Preston was. Was he before or behind his Men. Before say Bliss, Palmes &c. Murray, Prince, Waddel, Whitehouse and many others. Behind, Wyat, Godard, Fosdick and Lee. Wyat was behind. Palmes says he had his Hand upon his shoulder. Was the order to fire before the first Gun or after. Before, Wyat, Palmes, Langford &c. After, Cox, Bliss, Cornwall, these say they heard the Captn. say “dont fire.” Next whether Captain Preston acknowledged that he did order them to fire—Pierce, Belknap, and Mason.
       Cities of Refuge were appointed for those who killed a Man unaware for he hated him not aforetime and a Man might kill a Thief who attempted to break his House in the Night. Whoso sheddeth Mans Blood, by Man shall his Blood be shed, is a general Rule, many Exceptions to it.
       Cooks Case.  Cro.  An Officer had a Ca. Sa. He lay in wait in the stable. In the Morning he tryd to get into the Windows and Door, and the Man takes his Gun, and shoots the officer, thro the Body.
       Keiling. Mawgridges Case. Where one Man catches another by the Nose and fillips him in the forhead, it is only Manslaughter. Mawgridges Case, adjudged and reported by Holt.
       I shall take it for granted that these snow Balls, Sticks, Oyster shells and Blows struck on the Guns and aimed at them. If you are Satisfyed that the sentinel was insulted and assaulted, and that Captain Preston and his Party went to assist them, it was doubtless excusable Homicide, if not justifiable. Self Defense a Law of Nature, what every one of us have a Right to, and may stand in need of.
       J. Oliver. There has been a great deal done to prejudice the People against the Prisoner a copper Plate Print, in which this Court has been insulted and call’d a venal Court, if this Prisoner was not condemned. I my self was last Term insulted for giving my opinion in a Point of Law. 15 of the Prisoner’s Witnesses mention the snow Balls, Ice, Clubbs, &c.
       Q. Whether the Sentry was obliged to retreat from his Post. My opinion is, that the Party, attacked in that violent manner they were not obliged to retreat at all.


Title: Arraignment, Impaneling, Crown’s Opening and Evidence: 7 September, 27 November 1770
From: UNKNOWN
To:

       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.
       Clerk. God send thee a good deliverance. . . .
       The Jury were then called over and appeared.
       Clerk. You the prisoners at the bar, these good men, which were last called and do now appear, are those who are to pass between our sovereign Lord the King and you, upon the trial of your several lives; if therefore you will challenge them, or any of them, you must challenge them as they are called to be sworn, before they are sworn, and you shall be heard.
       The prisoners being asked whether they would agree in their challenges, consented that William Wemms should make challenges for them all.

         Samuel Williams,
         Roxbury,
         challenged for cause.

         Joseph Curtis,
         ditto,
         challenged for cause.

         Nathaniel Davis,
         ditto,
         sworn.

         Joseph Mayo,
         ditto,
         sworn.

         Abraham Wheeler,
         Dorchester,
         sworn.

         Edward Pierce,
         ditto,
         sworn.

         William Glover,
         ditto,
         challenged peremtorily.

         Isaiah Thayer,
         Braintree,
         sworn.

         Samuel Bass, jun.
         ditto,
         challenged peremtorily.

         James Faxen,
         ditto,
         challenged peremtorily.

         Benjamin Fisher,
         Dedham,
         sworn.

         John Morse,
         ditto,
         challenged peremtorily.

         James White,
         Medway,
         challenged peremtorily.

         Nehemiah Davis,
         Brookline,
         challenged peremtorily.

         Samuel Davenport,
         Milton,
         sworn.

         Joseph Houghton,
         Milton,
         sworn.

         James Richardson,
         Medfield,
         challenged peremtorily.

         John Billings,
         Stoughton,
         challenged peremtorily.

         Joseph Richards,
         ditto,
         challenged for cause.

         Consider Atherton,
         ditto,
         sworn.

         Abner Turner,
         Walpole,
         challenged peremtorily.

         John Brown,
         Boston,
         challenged for cause.

         Joseph Barrell,
         ditto,
         challenged for cause.

         Silas Aitkins,
         ditto,
         challenged for cause.

         Harbottle Dorr,
         ditto,
         challenged for cause.

       The Clerk having gone thro’ the pannel, and there being a deficiency of Jurors, the Sheriff, by order of the court, returned the following talesmen.

         Samuel Sheppard,

         challenged peremtorily.

         John Goldsbury,

         challenged for cause.

         Samuel Peck,

         challenged for cause.

         William Gouge,

         challenged for cause.

         Joseph Turrel,

         challenged for cause.

         Jacob Cushing, jun.
         Hingham,
         sworn.

         Josiah Lane,
         ditto,
         sworn.

         Jonathan Burr,
         ditto,
         sworn.

       N.B. The three last being illegally returned, as Jurors, were rejected by the Court, and returned by the Sheriff as talesmen.
       Clerk. Cryer count these.

         Joseph Mayo, Forem.
         }
         Roxbury.

          Samuel Davenport,

         }
         Milton.

         Nathaniel Davis,
         Joseph Houghton,

          Abraham Wheeler,

         }
         Dorchester.

          Consider Atherton,

         Stoughton.

         Edward Pierce,

          Jacob Cushing, jun.

         }
         Hingham.

         Isaiah Thayer,

         Braintree.

          Josiah Lane,

         Benjamin Fisher,

         Dedham.

          Jonathan Burr,

       Cryer. Gentlemen are ye all sworn.
       Clerk. Prisoners hold up your hands. Gentlemen of the Jury look upon the prisoners, and hearken to the charge. (The Clerk then read the several indictments against them as before set forth.) Upon each and every of these several indictments, the prisoners at the bar have been arraigned, and upon their arraignment have pleaded not guilty, and for trial have put themselves upon God and their country, which country you are; your charge therefore is, to enquire whether they or either of them be guilty of the felony and murder whereof they stand indicted, or not guilty. If they or either of them are guilty, you are to say so; if they or either of them are not guilty, you are to say so and no more. Good men and true, stand together and hearken to your evidence.
       Council for the Crown.
       Robert Treat Paine, Esq;
       Samuel Quincy, Esq;
       Council for the Prisoners.
       John Adams, Esq;
       and Mr. Sampson Salter
       Mr. Josiah Quincy,
       Blowers.
       Samuel Quincy, Esq: addressing himself to the Court and Jury, opened the cause nearly in the following words:
       May it please your Honours, and you Gentlemen of the Jury.
       The prisoners at the bar, are that party of soldiers belonging to his Majesty’s 29th regiment, who in the evening of the 5th of March last, were induced from some cause or other to fire on the inhabitants of this town, in King-street.
       They are charged in five distinct indictments, with the wilful premeditated murder of five different persons mentioned in the respective bills; to each of these indictments, they have severally pleaded, not guilty; and by that plea have thrown upon the crown the burthen of proving the fact alledged against them: It is my province therefore to give you evidence in support of this charge, and yours, gentlemen of the jury, to determine whether they are guilty, or not.
       The cause is solemn and important; no less than whether eight of your fellow subjects shall live or die! A cause grounded on the most melancholy event that has yet taken place on the continent of America, and perhaps of the greatest expectation of any that has yet come before a tribunal of civil justice, in this part of the British dominions.
       I am aware how difficult, in cases of this sort, it ever is, and more especially so in these times, and in this trial, to preserve the mind perfectly indifferent; but I remember, we are bound, not only by the natural obligations towards God and man, but also by an oath, to examine into the evidence of fact without partiality or prejudice; I need not therefore caution you of your duty in this respect: It is upon that evidence and the law resulting from it, you gentlemen are, in the language of your oath, to give a verdict; and I will venture, before hand, to pronounce that verdict righteous, if it is founded in these principles as the rule of your judgment.
       It has become my duty, it shall therefore be my endeavor, to acquit myself in the course of this trial with decency and candour; reflecting that however interesting the question may be, the object of our enquiry is simply that of truth, and that this enquiry is to be conducted by the wisdom of the laws and constitution.
       In support of this accusation against the prisoners at the bar, it is incumbent on the crown, to ascertain the following things; viz. The identity of the persons charged; the fact of killing; and the circumstances attending and aggravating that fact.
       To this end, I shall immediately produce to you such evidence, from the testimony of credible witnesses, as may be sufficient to sustain the several indictments, and when I have gone through the examination, make such remarks upon it, as may be most concise and pertinent to the present issue.
       The following witnesses were then sworn and examined in their order.
       Jonathan Williams Austin, clerk to John Adams, Esq; sworn.
       Q. Do you know either of the prisoners at the bar?
       A. I do.
       Q. Which of them?
       A. McCauley. I knew the man before, but did not know his name; I was afterwards told it was McCauley. On the evening of the 5th of March last, I heard the bells ring, and went into King-street.
       Q. How many people do you imagine might be there when you got into King-street.
       A. There might be twenty or thirty I believe. I saw the Sentry at the Custom House door swinging his gun and bayonet; there were a parcel of men and boys round him. I desired them to come away, and not molest the Sentry; Some of them came off and went to the middle of the street; I then left them and went up towards the Main-Guard. Immediately a party came down, I walked by the side of them till I came to the Sentry box at the Custom House. McCauley then got to the right of the Sentry-box; he was then loading his piece.
       Q. How near was you to McCauley at that time?
       A. I was about four feet off: McCauley said “Damn you, stand off,” and pushed his bayonet at me: I did so: Immediately I heard the report of a gun.
       Q. How near did McCauley stand to the corner?
       A. He came round the Sentry-box, and stood close to it on the right.
       Q. When the party came down, were there many people there?
       A. I cannot really say, I think about fifty or sixty.
       Q. What did they say to the people as they came down?
       A. I did not hear them say any thing.
       Q. Did you hear any orders given?
       A. I did not, either to load or fire.
       Q. Did you hear the Sentry cry out for help to the Main-Guard?
       A. No; I was not there half a minute.
       Q. Whereabouts did you stand?
       A. I stood inside the gutter, close by the box.
       Q. Whereabouts did the Sentry box stand?
       A. Three or four feet from the corner of the Custom-House.
       Q. How many guns did you hear?
       A. Five or six, I cannot swear to any particular number.
       Q. Did you look round after you heard the guns fired?  A. Yes.
       Q. Did you see McCauley then?  A. Yes.
       Q. Was he loading again?
       A. I think he was; it so lies in my mind; (I cannot absolutely swear it.)
       Q. Do you know whether any soldiers stood on the right of McCauley?
       A. I took so particular notice of McCauley, that I minded no other object.
       Ebenezer Bridgham, Merchant, sworn.
       Q. Do you know any of the prisoners at the bar?
       A. I particularly saw that tall man, (pointing to Warren, one of the prisoners.) Next day after the firing in K. street, I saw more of them whom I cannot particularly swear to now.

       Q. Did you see the soldiers before the justices on examination?
       A. Yes.
       Q. Did you then observe you had seen any of them the night before in King street?
       A. I was well persuaded next day in my own mind, that I saw that tall one; but a few days after, I saw another man belonging to the same regiment, so very like him, that I doubt whither I am not mistaken with regard to him.
       Q. Were there any other of the party you knew?  A. I am well satisfied I saw the Corporal there.
       Q. Did you see White there?  A. I do not remember.
       Q. What was the situation of the Corporal?
       A. He was the corner man at the left of the party.
       Q. Did you see either of the persons, you think you know, discharge their guns?
       A. Yes; the man I take to be the tall man, discharged his piece as it was upon a level.
       Q. Did you see the Corporal discharge his gun?  A. I did not.
       Q. Where did you stand?  A. I was behind them in the circle.
       Q. What part of the circle did the tall man stand in?
       A. He stood next but one to the Corporal. The tall man whoever he was, was the man I saw discharge his piece.
       Q. Was any thing thrown at the soldiers?
       A. Yes, there were many things thrown, what they were I cannot say.
       Q. How did the Soldiers stand?
       A. They stood with their pieces before them to defend themselves; and as soon as they had placed themselves, a party, about twelve in number, with sticks in their hands, who stood in the middle of the street, gave three cheers, and immediately surrounded the soldiers, and struck upon their guns with their sticks, and passed along the front of the soldiers, towards Royal-exchange-lane, striking the soldiers guns as they passed; numbers were continually coming down the street.
       Q. Did you see any person take hold of any of the guns or bayonets of any of the party?  A. I do not remember I did.
       Q. Did you hear any particular words from this party of twelve?
       A. I heard no particular words, there was such a noise I could not distinguish any words.
       Q. Did they load their guns before the people surrounded them, or after?  A. They were loading at the time.

       Q. How near did they go to the soldiers?
       A. Very near them, almost close to their guns.
       Q. Were the people who struck the guns, there at the firing?
       A. I cannot say whether they had gone away or not.
       Q. Did you apprehend the soldiers in danger, from any thing you saw?  A. I did not, indeed.
       Q. Where did you stand at the firing?
       A. I kept my place. At the time of the firing of the first gun, I heard a clattering noise on the right like one gun striking against another, and immediately the first gun was fired from the right.
       Q. At the time of firing that gun was any assault made on the person that fired?  A. I did not see the person that fired.
       Q.. You said, you saw several blows struck upon the guns, I should like you would make it more plain.
       A. I saw the people near me on the left, strike the soldiers guns, daring them to fire, and called them cowardly rascals, for bringing arms against naked men; bid them lay aside their guns, and they were their men.
       Q. Did you see any person fall?  A. Yes, I saw Gray fall.
       Q. Where was that?  A. He fell in the middle of the street.
       Q. Was the place where he fell nearly opposite to the tall man you talk of?
       A. No; the gun that killed him, must have been nearer to the center. When the soldiers on the left fired, there were fewer people in the street.
       Q. Did you see a molatto among those persons who surrounded the soldiers?  A. I did not observe.
       Q. Did they seem to be sailors or town’s men?
       A. They were dressed some of them in the habits of sailors.
       Q. Did you hear any bell ring?  A. Yes.
       Q. What bell?
       A. I believe all the bells in town were ringing, I heard the Old South first.
       Q. Did the clattering or blows on the guns to the right, immediately before the first gun went off, appear very violent?
       A. Yes, very violent.
       Q. Where was the second gun fired from?
       A. I took it to be the person next to him who fired the first, or very near him.
       Q. Betwixt the first and second gun, did you see any assault given to the soldiers?  A. No.

       Q. When the firing came along to the left, were there many people in the street?  A. There were very few people then in the street.
       Q. What place did those few stand in?  A. Right over the way.
       Q. Was you looking at the person who fired the last gun?
       A. Yes, I saw him aim at a lad that was running down the middle of the street, and kept the motion of his gun after him a considerable time, and then fired.
       Q. Did the lad fall?
       A. He did not, I kept my eye on him a considerable time.
       Q. This soldier was towards the left you say, was he quite to the left?  A. Not quite, but towards it.
       Q. Was the lad among the party that struck at the soldiers?
       A. He was passing the street, I cannot say where he came from.
       Q. After the firing of the first gun did the people disperse?
       A. They drew away down Royal exchange-lane, but others were coming continually down the street; but when the first person was killed, they seemed all to draw off.
       Q. Did the people that came down the street, endeavour to join the party that was striking the soldiers, or did they come because of the ringing of the bells?
       A. I believe they came because the bells were ringing, for they came from all parts of the town, and did not appear to me to join in the assault.
       Q. How many guns were fired?  A. I believe seven.
       Q. How many soldiers were of the party?
       A. I did not count them, but I believe twelve.
       James Dodge, sworn.
       Q. Do you know either of the prisoners?
       A. Yes, I know Warren, and saw him with the party in King-street on the evening of the 5th of March last.
       Q. Do you know any of the rest?
       A. I know them all by sight, but that is the only person I can swear to.
       Q. The night of the firing, did you see the Corporal there?
       A. Not so as to know him; but Warren I can swear to.
       Q. Did you see him discharge his piece?
       A. No; I went away when the first gun fired.
       Q. Where did the person stand, who fired the first gun?
       A. He stood towards the left of the party.
       Q. Whereabout did you stand yourself?

       A. Opposite the soldiers, by Mr. Warden’s shop the barber.
       Q. Did you see any body fall?
       A. I saw none fall. I went off when the first gun was fired, and came back again and heard there were three men killed.
       Q. Do you mean the first gun was fired from your left, or from the left of the party?
       A. From the left of the party; there were two stood to the left of Warren.
       Q. What appeared to be the conduct of the soldiers before the firing?
       A. When I got there, they were swinging there guns backward and forward, and several among the people, said, fire, damn you fire; but I think it was Capt. Preston that gave the word to fire.
       Q. How many people were there?
       A. I took them to be about fifty.
       Q. What had they in their hands?
       A. They had nothing in their hands.
       Q. Did you see any ice or snow-balls thrown at the soldiers?
       A. I saw several snow balls and pieces of ice thrown, and heard a rattling against the barrels of their guns, whether it was sticks, or what, I do not know.
       Q. Where did the snow-balls seem to come from?
       A. From the people right before the party.
       Q. Did the snow balls seem to be thrown in anger?
       A. I do not know; I saw the soldiers pushing at the people before any snow balls were thrown.
       Q. Were the people pressing on?
       A. They were very near, within reach of their bayonets.
       Q. Did you see any oyster-shells thrown?  A. No.
       Q. Was the snow trodden down, or melted away by the Custom-House? A. No, the street was all covered like a cake.


Title: Adjournment: 27–28 November 1770
From: UNKNOWN
To:

       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, NINE o’clock, the Court met according to adjournment, and proceeded.


Title: Adjournment: 28–29 November 1770
From: UNKNOWN
To:

       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.


Title: Adams’ Minutes of Crown Evidence, Concluded, and of Samuel Quincy’s Argument for the Crown: 29 November 1770
From: Adams, John
To:

       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 fulls more and go.
       Jno. Hill Esqr. Was struck at at the Ropewalks.

        Mrs. Gardiner

       Mr. S. Quincy. It is my Province to apply the Evidence. It is complex and in some Places perhaps difficult.
       2 Things I must prove, the Identity, and the Fact. Goes over all the Names and mentions the Witnesses who swore to each of them. Could wish that the fatigues of yesterdy and the Circumstances of my family would have allowd me to have arranged the Evidence more particular, to have extracted the most material Parts of it.
       Considers J. W. Austins Testimony. Then Eb. Bridgham’s.
       The last Man aim’d at a running Lad. Did not apprehend any Danger.
       Dodge. Clark. Langford. As particular as any Witness on the Part of the Crown. Boys were damning the sentry, told him the Boys would not hurt him. Gray came up. What’s here? I dont know, but Something will come of it, by and by. Gray with his Hands folded. He leaning on his Stick. He Spoke to Kilroy. D—n you you ant a going to fire. Kilroy presents at Gray, and shoots him dead upon the Spot, and then pushes at Langford with his Bayonet. Here is Evidence of an Heart desperate, wicked, bent deliberately bent upon Mischief. Compared with the Testimony of Hemenway. This is Malice. A Distinction between Malice and Hatred. Keyling 126. 2 Inst. 62 Mawgridges Case. Envy, Hatred and Malice. He that doth a cruel Act voluntarily doth it of Malice prepensed, tho upon a sudden Occasion.
       Ferriter testifies that Kilroy was at the Ropewalks, and that Gray was there too, and both active in the Affray there. These Circumstances must remove all doubt of the fact and of the Species of Crime.
       Archibald, J. Brewer. Saw no Abuse, more than was common. Met Dr. Young with a sword. Dr. said every Man to his own House. Perhaps some use may be made of this Circumstance. There was a general Alarm. Every Body had a Right, and it was very prudent, to arm themselves for their defence.
       Bailey. Thinks Montgomery kill’d Attucks. That Montgomery fired is clear from this Witness.
       Mr. Palmes. Saw Montgomery. Stepd back, did not fall. Montgomery slippd in pushing 3d time at him and fell. In probability he kill’d Attucks, and continued the same mischivous Spirit in pushing.
       Danbrook. Saw a Piece of Rattan. Saw M. fire. Two Persons fell.Attucks at the left Hand of this Witness and leaning on his Stick.
       J. Bass. Thos. Wilkinson. The People in the Window cautioning those In the Street, not to go there. Soldiers challenging the People. Not apprehensive of danger. Well placed to observe. They must be believed if any Witnesses. Striking of the Clock. 7 went off, one flashed. Saw no pressing, nothing thrown. 2 or 3 cheers, before, none after the Party came down.
       J. Simpson. Curious. Handle, Ease, support, &c. Arms. There is something like these in the Words of Command. Captain Preston behind the Soldiers. 8 Guns.
       N. Fosdick. Pressing behind him with Bayonetts, in his back. Thrusts, and pushes in the Breast and Arm.
       S. Hemenway. Kilroy not in Anger nor in Liquor.
       Helyer. People in Dock Squareafraid to go up. 20 seconds between 1 and 2d Gun. A little Boy, running and crying fire, the last Gun was pointed at him and fired.
       Ferriter. 3 Attacks at the Ropewalks. Kilroy and Warren in the last Battle at the Ropewalks.
       Burdick. Spoke to the bald Man, he thinks. Yes by the eternal God. Intention to fire. Mem. vid. Test.
       Williams. The Guns followed the People as they ran.
       Quincy. No doubt with me, that Kilroy did it sedato Animo. The Person he killed was in Peace. No Insult offerd to K.
       Marshall. The Street entirely Still. Fewer People there than usual. He had been warned not to go out that Evening. Moon, to the North. Saw a Party come out of the main Guard door. D—n em where are they? By Jesus let em come. Boisterous Language. The Party came from Quaker Lane, and cryd fire. Very probable the Word fire was a Watch Word. Any one next the Meeting House, steps in, at a Cry of fire, and sets the Bell a ringing.
       Mr. Thayer. Heard a Cry of Fire, and supposed it a Watch Word.
       Bart. Kneeland. One pointed his Bayonet at his Breast.
       Mr. Appleton, and little Master John Appleton. His Story and the Manner of his telling of it, must have struck deep into your Mind. Struck by a Soldier, tenderly askd him Soldier, Spare my Life. No damn you we’l kill you all. Brother Adams’s Social Creature. Here is food enough for the social Appetite.

       Immaterial who gives the mortal Blow, where there are a Number of Persons together. All present, aiding, abetting, are guilty. No Man shall be an Avenger of his own Cause unless from absolute Necessity.
       J. Trowbridge. You ought to produce all your Evidence now.