Boston Massacre: trial of British soldiers Document relating to the trial of the British soldiers accused of murdering five people during the Boston Massacre (1770). John Adams served as the defense lawyer, and only two men were convicted; they were released after their thumbs were branded. Library of Congress, Washington, D.C. (E215.4.W458)
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John Adams was the defense attorney for the British Redcoats and Captain Preston during the Boston Massacre Trials. Read about how he defended the soldiers. Open In-Season Hours: Tours start 10a- 5p, Thursdays thru Mondays.
That is what these Bostonians wanted! The only hope for Preston and his men lay with this short, stocky country lawyerâa colonial American after allâJohn Adams, and his too young assistant Josiah Quincy. Seven months had passed since the âhorrid, bloody massacreâ took place on the 5 th of March. But the passions of the people remained strong.
Jun 27, 2018 ¡ Boston Massacre Trials: 1770. Defendants: Captain Thomas Preston; Corporal William Wemms; Privates Hugh White, John Carroll, William Warren, and Matthew Killroy, William McCauley, James Hartegan, and Hugh Montgomery Crimes Charged: Murder and accessories to murder Chief Defense Lawyers: Both trials: John Adams, Josiah Quincy, Jr.; First trial: Robert âŚ
In letters to the Boston Gazette, Samuel Adams became the principal defender of Crispus Attucks, denying accounts that Attucks had attacked a soldier with a club. Wrote Adams, Attucks "had as good a right to carry a stick, even a bludgeon, as the soldier who shot him had to be armed with musket and ball."
Photo Courtesy of Independence National Historical Park. The crowd strained forward in the Queen Street courtroom on October 17, 1770. Murmurs and rumblings of anger filled the air. Captain Thomas Preston, a British grenadier, shifted his feet nervously and felt the sweat rising to his brow.
That is what these Bostonians wanted! The only hope for Preston and his men lay with this short, stocky country lawyerâa colonial American after allâJohn Adams, and his too young assistant Josiah Quincy. Seven months had passed since the âhorrid, bloody massacreâ took place on the 5thof March.
The âPlea of Clergyâ meant that instead of death, the two men would be branded on the thumbs as first offenders, never to be permitted to violate the law again.
Only a fair trial would show the world that Massachusetts, and by association all Americans, deserved their liberty by an appeal to justice and not by the rule of a mob. Captain Preston had his doubts that a fair trial was possible. Yet there was something about his lawyer that gave him hope.
Within the space of a few minutes the soldiers began firing, killing or fatally wounding five civilians. Among those who died in the Massacre are Crispus Attucks, a former slave turned sailor; James Caldwell, another sailor; Patrick Carr, an immigrant Irishman who made leather trousers; Samuel Gray, a rope maker; and Samuel Maverick, the brother â in â law of mob leader Ebenezer Mackintosh. Six other colonists were wounded, some of them innocent bystanders who had not been part of the mob.
Boston âmassacreâ, 1770. The âmassacreâ resulted from the clash, probably engineered by radical elements, between British troops, who fired without orders, and an urban crowd, on 5 March 1770 in Boston (Mass.). Three persons were killed and two later died from wounds. Its propaganda value was quickly utilized, notably by Paul Revere, the engraver; radical patriots, who controlled the Boston town meeting, used traditional arguments against redcoats and âstanding armiesâ to force the withdrawal of troops to an island fort. In an ensuing trial, the soldiers and their officer were acquitted of manslaughter. The incident alarmed moderate colonial opponents of British measures as well as the British government.
BOSTON MASSACRE. 5 March 1770. Increasing friction between British soldiers of the Boston Garrison and local citizens created conditions ripe for confrontation. On Friday, 2 March 1770, an exchange of insults between workmen and an off-duty soldier seeking employment at Grey's ropewalk led to a small riot. Tempers did not cool over the weekend, and by Monday evening, 5 March, bands of soldiers and civilians roamed the moonlit streets looking for trouble. About 9 p.m. a sentry of the Twenty-nineth Regiment at the Customs House in King Street was so taunted and menaced by a crowd of about sixty young men and boys that, fearing for his life, he loaded his musket and called for help from the nearby Main Guard. Captain Thomas Preston, the officer of the day, led a corporal and seven soldiers to rescue the sentry. Although the soldiers had fixed bayonets and eventually also loaded their muskets, the crowd continued to taunt and press in on them, apparently led by Crispus Attucks, a sailor of African and native American descent. Finally, one nervous soldier pulled his trigger and the rest followed. The British gunshots killed three men, including Attucks, and wounded eight others, two mortally. With the crowd stunned and the soldiers reloading and preparing to fire again, Preston ordered his men back to the Main Guard. No one in the crowd made any attempt to retaliate or to follow the soldiers.
Prosecution witnesses spoke of off-duty officers, armed with cutlasses, running through the streets and randomly assaulting citizens.
Because of fears that Captain Preston and his men could not get a fair trial in Boston , King George III expressed his willingness to pardon the men if they were convicted. But the trial (in late October 1770) turned into a shrewdly orchestrated demonstration of the rectitude of the radical cause.
Richard Palmes testified that he had had his hand on Preston's shoulder just as the order to fire was given. At the time, the two men were in front of the troops. Even at that distance, Palmes could not be sure whether Preston or someone else had given the order. Palmes' testimony, even with its measure of ambiguity, threw a strong element of "reasonable doubt" on the Crown's case.
The series of events that led to the confrontation on March 5, 1770, apparently began with a nasty exchange between Private Patrick Walker of the 29th Regiment and William Green, a local rope-maker.
Extreme patriots regarded the absence of a lynching of Preston and his men as proof of the impartiality of Boston justice. John Adams, possessing strong patriotic views by refusing to express them on any terms but his own, sometimes was suspected of a lack of Whiggish zeal.
In the opinion of the Boston mob, the best resolution of the cases of Preston and his men, short of immediate hangings, was an instant trial, conducted while the town was still on the boil. But Hutchinson deftly deflected this hope, and the proceedings were postponed until the autumn.
Adams had a week or ten days in which to prepare for the second and final massacre, Rex v. Wemms et al. That the wheels of justice did not turn without lubrication in those days is obvious from the itemized expenses for which Adams later sought reimbursement from the British army.
Yet on June 6, when an election was held in Boston to fill a newly vacant position on the General Court, Adams received 418 out of 536 votes cast. As was customary, the candidate did nothing on his own behalf.
The inference to be drawn from the Preston verdict was that they had fired without a lawful order. To the Whigs, they were murderers. For the student of John Adamsâs life and thought, the most important feature of the second massacre trial was the presence in the courtroom of a shorthand writer.
Eight soldiers under Prestonâs command were clapped into prison later the same day. Preston, regarded even by the Whigs as a competent and level-headed officer, was identified by certain witnesses as the source of an order to fire upon the innocent Bostonians.
Six were acquitted, and two were found guilty of manslaughter. (Their punishment was to be branded on the right thumb by the Boston sheriff.) More than this, however, the speech illuminated the core of Adamsâs political thought, especially his view of the human material of which politics is made.
Eight British soldiers and their officer in charge, Captain Thomas Preston, faced charges for murdering five colonists. Not far from the Custom House, a 34-year-old Boston attorney sat in his office ...
Not far from the Custom House, a 34-year-old Boston attorney sat in his office and made a difficult decision. Although a devout patriot, John Adams agreed to risk his familyâs livelihood and defend the British soldiers and their commander in a Boston courtroom. At stake was not just the fate of nine men, but the relationship between ...
The blood remained fresh on the snow outside Bostonâs Custom House on the morning of March 6 , 1770. Hours earlier, rising tensions between British troops and colonists had exploded into violence when a band of Redcoats opened fire on a crowd that had pelted them with not just taunts, but ice, oyster shells and broken glass. Although the soldiers claimed to have acted in self-defense, patriot propaganda referred to the incident as the Boston Massacre. Eight British soldiers and their officer in charge, Captain Thomas Preston, faced charges for murdering five colonists.
In the new book John Adams Under Fire: The Founding Fatherâs Fight for Justice in the Boston Massacre Murder Trial, Dan Abrams and coauthor David Fisher detail what they call the âmost important case in colonial American historyâ and an important landmark in the development of American jurisprudence. Abrams, who is also the chief legal affairs ...
Adams didnât blame the city for initiating the skirmish. He kept it very, very focused on the facts of this particular instanceâwhat happened, who was there, the specific individualsâand did not make it a broader indictment of the Sons of Liberty and others who had supported violence against the British soldiers.
Stunningly so. I think the verdicts are almost exactly what we would see today. Itâs obvious to me that Captain Preston didnât order his men to fire, and he was acquitted. They could have convicted all the soldiers for the actions of one or two of them, but they didnâtâbecause there simply wasnât evidence that the others were involved in the shooting. And I think thatâs an amazing testament to the jurors of the day.
Yes, they were using British law, but there was also this sense that the colonists wanted their own system of law, so some of the rules were different. This was the first time reasonable doubt had ever been used as a standard. It was the first time a jury was sequestered. This was definitely a case of firsts.
The massacre didnât always go by that name and was originally referred to by Paul Revere as the Bloody Massacre in King Street. For more information about the Boston Massacre, check out this timeline of the Boston Massacre. âThe Boston Massacre.â.
The Boston Massacre. The Boston Massacre was an event that occurred in Boston during the American Revolution. It is believed to be one of many events that caused the American Revolution. The following are some facts about the Boston Massacre:
The Boston Massacre was a riot that began when a group of 50 citizens gathered outside of the State house to protest the large presence of British soldiers in the city. Five colonists were killed during the riot. The soldiers had been sent to Boston to protect customs commissioners as they enforced the recent, and highly unpopular, Townshend acts, ...
When the soldiers pushed the people off, this man, with his party, cried, Do not be afraid of them; They dare not fire; kill them! kill them! knock them over! And he tried to knock their brains out. It is plain, the soldiers did not leave their station, but cried to the people, Stand off!
The soldiers had been sent to Boston to protect customs commissioners as they enforced the recent, and highly unpopular, Townshend acts , which placed an import tax on goods such as tea, glass, paper and other products from England.
Samuel Adams held funerals for the Boston Massacre victims who were then buried in Granary Burying Ground where they remain today. Obituary for Patrick Carr circa 1770. Within a few hours of the massacre, Captain Preston and the soldiers were jailed.
Old State House, Boston, Mass , circa 1860. According to the article in the American Bar Association journal, the outcome of the trial is not actually surprising considering that most of the jurors were loyalists and/or acquaintances of Captain Preston:
He's the chief legal affairs correspondent for ABC News, host of A&E's "Live PD ," and also hosts a daily radio show on SiriusXM and runs various media related businesses and more. Somehow he finds time to write popular accounts of legal history âthis one co-authored with David Fisher â and joined me recently to chat about it for "Salon Talks."
Dean Obeidallah hosts the daily national SiriusXM radio program, "The Dean Obeidallah Show" on the network's progressive political channel. He is also a columnist for The Daily Beast and contributor to CNN.com Opinion. He co-directed the comedy documentary "The Muslims Are Coming!" and is co-creator of the annual New York Arab American Comedy Festival. Follow him on Twitter @DeanObeidallah and Facebook @DeanofRadio