John Adams — Defense Attorney for British Soldiers? Why a Founding Father represented British soldiers during the Boston Massacre Trials aptain Thomas Preston and eight British soldiers were on trial for murder. They would need an excellent attorney to represent them with a jury full of anti-British colonists.
But if a British soldier could be acquitted by a New England jury, perhaps there was more, he thought! Following one of the first trials in American history to last for several days, even the frenetic crowd seemed exhausted. Testimony after testimony had been used to show both sides of the “massacre” story.
Next on trial were the eight soldiers under Preston’s command on the night of the Boston Massacre. There was a different jury for this trial and they were, once again, sequestered. During the seven-day trial, more than eighty witnesses were called to testify.
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.
John AdamsThirty-five year old John Adams, a prominent lawyer in Boston who would go on to become the second president of the United States, was asked to take on the unpopular assignment of defending Capt. Preston and the eight British soldiers. Notes on the Boston Massacre trials, by John Adams, 1770, "Captn. Prestons Case" ...
John Adamsaptain Thomas Preston and eight British soldiers were on trial for murder. They would need an excellent attorney to represent them with a jury full of anti-British colonists. Who would be willing to take on such a task? Patriot and Founding Father John Adams stepped up to the job.
Preston denied that he gave an order to fire and was supported by three defense witnesses, while four witnesses for the prosecution swore that he had given the order. The massacre label stood even after a Boston jury later acquitted Captain Preston and four of the soldiers of all charges.
Without hesitation Adams agreed to defend the soldiers and their captain. Above all, John Adams believed in upholding the law, and defending the innocent. Adams was convinced that the soldiers were wrongly accused, and had fired into the crowd in self-defense.
However, one of the patriots so essential to the revolution, John Adams, chose to defend the British soldiers in court.
The British soldiers, facing the prospect of the death penalty, had trouble finding defense counsel. No colonist, it seemed, wanted to take on this unpopular case, as doing so might affect his reputation and economic future. However, as British subjects, the soldiers had the right to competent defense lawyers, and the people ...
He clearly knew that taking on this case was dangerous. An angry mob could threaten his family, and should his reputation be tarnished, his ambitions and economic future would be endangered.
In 1768, British troops arrived in Massachusetts to enforce the hated, tax-heavy Townshend Acts. Over the ensuing months, tensions between the colonists and their mother country’s soldiers boiled over, culminating in what became known as the Boston Massacre.
Results of the Trials. Preston’s trial took place between Oct. 24 and Oct. 30, 1770 . Adams argued that Preston had not given the order to fire, and that Preston's soldiers were provoked by the crowd.
However, one of the patriots so essential to the revolution, John Adams, chose to defend the British soldiers in court.
Here, Adams argued that they acted in self-defense. The jury in that case acquitted six, but found two guilty of the lesser charge of manslaughter. Finally, in December the four civilians went to trial, and all were acquitted.
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 family’s 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 Boston’s 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 Father’s Fight for Justice in the Boston Massacre Murder Trial, Dan Abrams and coauthor David Fisher detail what they call the “most important case in colonial American history” and an important landmark in the development of American jurisprudence. Abrams, who is also the chief legal affairs ...
Stunningly so. I think the verdicts are almost exactly what we would see today. It’s obvious to me that Captain Preston didn’t 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 didn’t—because there simply wasn’t evidence that the others were involved in the shooting. And I think that’s 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.
Adams didn’t blame the city for initiating the skirmish. He kept it very, very focused on the facts of this particular instance—what happened, who was there, the specific individuals—and did not make it a broader indictment of the Sons of Liberty and others who had supported violence against the British soldiers.
That is what these Bostonians wanted! The only hope for Preston and his men lay with this short, stocky country lawyer—a colonial American after all—John Adams, and his too young assistant Josiah Quincy. Seven months had passed since the “horrid, bloody massacre” took place on the 5thof March.
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.
The “Plea of Clergy” 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.