who was the lawyer for the british soldiers

by Molly Daugherty I 7 min read

John Adams

Who was John Adams — defense attorney for British soldiers?

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.

Can a British soldier be acquitted by a New England jury?

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.

Who was on trial for the Boston Massacre?

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.

Did the British use British law in the Revolutionary War?

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.

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Who was the lawyer for the British soldiers involved in the Boston Massacre?

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" ...

Who was the lawyer who defended the 8 British soldiers?

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.

Did Captain Preston give the order to fire?

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.

Why John Adams defended the British soldiers?

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.

Who was the patriot who defended the British soldiers in court?

However, one of the patriots so essential to the revolution, John Adams, chose to defend the British soldiers in court.

Why did the British soldiers have trouble finding defense counsel?

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 ...

Why did Adams take the case?

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.

Why did the British invade Massachusetts?

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.

When did the Preston trial take place?

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.

Who was the patriot who fought against the British in the Revolution?

However, one of the patriots so essential to the revolution, John Adams, chose to defend the British soldiers in court.

Did Adams argue that they acted in self defense?

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.

Who was the British officer in charge of the Boston Massacre?

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 ...

How old was John Adams when he was a lawyer?

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 ...

What happened in Boston on March 6th 1770?

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.

Who is the author of John Adams Under Fire?

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 ...

Did Captain Preston order his men to fire?

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.

Did the British use reasonable doubt?

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.

Did Adams blame the city for the skirmish?

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.

Who was the lawyer who was the only hope for Preston and his men?

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.

Who was the British grenadier who was involved in the Boston Massacre?

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.

What did Adams mean by the phrase "Plea of Clergy"?

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.

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Trouble in The Colonies

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Tensions between colonists and their British overlords intensified throughout the mid-18th century. American colonists wanted more independence and control over their economy. The Americans were prospering on their own and desired to break free of colonial control. Britain felt that the colonies had only flourished because …
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The Search For Justice

  • Governor Thomas Hutchinson arranged to have the accused soldiers removed to an island in Boston Harbor. The Attorney General issued murder indictments for Captain Thomas Preston and eight other soldiers for their participation in the riot. Before the trial, Loyalists and Patriots engaged in a propaganda war. Patriot cartoons and articles painted the riot as an all-out attack …
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The Trial Begins

  • Preston’s trial began on October 24, 1770. For the first time, the jury was sequestered away from family and friends for the duration of the trial. The key question was whether or not Preston had given the order to fire. Preston strongly denied giving any such order. Witness testimony was mixed, with some saying he gave the order and others declaring he did not. Adams was able to i…
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The Impact on Today’S Legal System

  • The Boston Massacre trials served as a landmark case for the new justice system in the colonies. This trial was the first time that a jury was sequestered, which is now typical practice in high profile cases. The standard of reasonable doubt was also introduced during this trial. In his instructions, one of the judges reminded the jurors that they needed to be “convinced beyond a r…
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The Boston Massacre

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On March 5, 1770, a group of about 50 colonists attacked a British sentinel, throwing snowballs, sticks and stones at the troops after a British private had "sent a local boy running off, bruised and crying, after an exchange of words," according to Stephen C. O’Neill of the Boston Massacre Historical Society. British Captain T…
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For The Defense

  • 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 of Boston wanted to dem...
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Why Adams Took The Case

  • Adams’s exact motivations are not known. 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. On the other hand, Adams strongly believed that the men were entitled to a fair trial and thought that history might view him as a man who p…
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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. The jury ultimately acquitted Preston on the basis of “reasonable doubt” -- notably, this was the first time a judge had ever used that term. The soldiers went on trial in November. Here, Adams argued that they acte…
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