who was the lawyer of the boston massacre trial

by Talia Jacobi 6 min read

Which lawyer was involved in the Boston Massacre?

"A Lawyer Acquitted: John Adams and the Boston Massacre". American Journal of Legal History. 18 (3): 189–207. doi: 10.2307/845085.

What happened at the Boston Massacre trial?

Boston Massacre Trial. 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. If the jury found him, and his men, guilty of murder as the indictment suggested, he could only expect death as a penalty.

Who was the best witness to the Boston Massacre?

Their best witness was Daniel Calef who was an eyewitness to the Boston Massacre: I was present at the firing. I heard one of the Guns rattle. I turned about and lookd and heard the officer who stood on the right in a line with the Soldiers give the word fire twice.

Who was asked by the town of Boston to prosecute soldiers?

Robert Treat Paine, a Patriot and lawyer from Taunton, Massachusetts, was asked by the town of Boston to prosecute the soldiers. Paine was a prominent attorney who was later elected to the Continental Congress and signed the Declaration of Independence.

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Who was involved in the Boston Massacre?

The Boston Massacre was a confrontation on March 5, 1770, in which British soldiers shot and killed several people while being harassed by a mob in Boston. The event was heavily publicized by leading Patriots such as Paul Revere and Samuel Adams. British troops had been stationed in the Province of Massachusetts Bay since 1768 in order ...

Where was the Boston Massacre?

View of the Old State House, Boston, Massachusetts, the seat of British colonial government from 1713 to 1776. The Boston Massacre took place in front of the balcony, and the massacre is now commemorated by a cobblestone circle in the square (photo 2009).

Why were British troops stationed in Massachusetts Bay?

British troops had been stationed in the Province of Massachusetts Bay since 1768 in order to support crown-appointed officials and to enforce unpopular Parliamentary legislation. Amid tense relations between the civilians and the soldiers, a mob formed around a British sentry and verbally abused him.

What did Howard Zinn argue about Boston?

Howard Zinn argues that Boston was full of "class anger". He reports that the Boston Gazette published in 1763 that "a few persons in power" were promoting political projects "for keeping the people poor in order to make them humble.".

What was the significance of the Boston Massacre?

The Boston Massacre is considered one of the most significant events that turned colonial sentiment against King George III and British Parliamentary authority. John Adams wrote that the "foundation of American independence was laid" on March 5, 1770, and Samuel Adams and other Patriots used annual commemorations ( Massacre Day) to encourage public sentiment toward independence. Christopher Monk was the boy who was wounded in the attack and died in 1780, and his memory was honored as a reminder of British hostility.

What was Seider's death?

Seider's death was covered in the Boston Gazette, and his funeral was described as one of the largest of the time in Boston. The killing and subsequent media coverage inflamed tensions, with groups of colonists looking for soldiers to harass, and soldiers also looking for confrontation.

What was Boston known for?

Boston was the capital of the Province of Massachusetts Bay and an important shipping town, and it was also a center of resistance to unpopular acts of taxation by the British Parliament in the 1760s .

Who was the lawyer who defended the British soldiers in the Boston Massacre?

Thirty-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" ...

What was the first trial in the Boston Massacre?

The first trial to be held as a consequence of the Boston Massacre was Rex v. Preston. The trial of Capt. Preston, who had been held in jail for seven months, began on 24 October 1770 and the verdict of not guilty was issued a week later on 30 October 1770.

How many British soldiers were indicted in the 1770 massacre?

Although Capt. Thomas Preston, the eight British soldiers under his command, and four civilians were all indicted within weeks of the "Horrid Massacre", none were formally arraigned until 7 September 1770. Court schedules, as well as political maneuverings by Acting Gov. Thomas Hutchinson, further delayed the trials until late October of that year, ...

How long did the Adams v. Adams trial last?

Both trials lasted longer than one day , which was rare at this time for Massachusetts courts. Shortly after the trials, on 15 May 1771, the issue of expenses and wages paid to jurors was argued by Adams, both Quincy brothers and James Otis, Jr.

Who collected and annotated newspapers during the years leading to the American Revolution?

Additional Sources. Boston merchant Harbottle Dorr, Jr., collected, annotated, and indexed many newspapers during the years leading to the American Revolution. Dorr's newspaper collection includes many articles written about the Boston Massacre and the trials.

Who wrote the notes on the trial of the British soldiers?

Notes on the trial of the British soldiers, circa November 1770, by Peter Oliver ... Notes at the trial of British soldiers, circa November 1770, by Samuel Quincy ... Notes on the Boston Massacre trials, by John Adams, 1770, "seemed to come from ...

Who published the trial of William Wemms?

The Trial of William Wemms, James Hartegan, William M'Cauley..., Boston: printed by J. Fleeming, 1770. This pamphlet presents the proceedings of the trial of the soldiers and contains the testimonies and examinations of witnesses, arguments of several of the lawyers, charges of two judges to the jury, and the jury's verdicts regarding each soldier. ...

What court did the British soldiers go to?

The British soldiers were tried before the Superior Court of Judicature, the highest court in Massachusetts. As English subjects, they had a right to a fair trial by jury and competent defense counsel. Loyalists wanted the soldiers pardoned, but were prosecuting in the King's name.

What was the significance of the trial of the Captain and the eight enlisted men?

The trials for the Captain and for the eight enlisted men, two of the longest trials in Colonial history, are a landmark in American legal history.

Why was the hearsay testimony of Patrick Carr allowed in court?

The hearsay testimony of Massacre victim Patrick Carr was allowed in court because it was given on his deathbed. And a Medieval relic, the Benefit of Clergy, was used by two soldiers found guilty of manslaughter to escape the death penalty.

Who was Samuel Quincy?

Samuel Quincy, a Loyalist and the Solicitor General for the colony , was appointed as special prosecutor for the trials. Samuel was the handsome and urbane older brother of defense lawyer Josiah Quincy Jr. Samuel Quincy left Massachusetts with the British in 1776 and died in exile in England in 1789.

Who was the acting chief justice of the Supreme Court?

Benjamin Lynde, Jr. of Salem became the acting chief justice. Lynde tried to resign his position twice before the trials began. He and the remaining three justices of the court presided at the trials in full bottomed wigs and scarlet robes for the capital crime of murder.

Who was sentry duty in 1770?

March 5, 1770. British Private Hugh White stands sentry duty in the snowy, moonlit street before the Custom House. Moments before, he had sent a local boy running off, bruised and crying, after an exchange of words. Now, facing an angry crowd of civilians, White calls for help.

Who was the governor of New York when he was knocked down?

Private Hugh Montgomery is knocked down, and someone yells "Fire!". The soldiers shoot into the crowd, killing five and wounding six. Thomas Hutchinson, the acting governor, rushes from his North End home, past blood-stained snow, into the chambers of the Old State House.

Who were the two men who were found guilty of manslaughter?

Two of them—Hugh Montgomery and Matthew Kilroy— were found guilty of manslaughter and were branded on the thumbs as first offenders per English law. To Adams’ and the jury’s credit, the British soldiers received a fair trial despite the vitriol felt towards them and their country.

What was the prelude to the Boston Massacre?

Prelude to the Boston Massacre. Violence Erupts between Colonists and Soldiers. Boston Massacre Fueled Anti-British Views. John Adams Defends the British. Aftermath of the Boston Massacre. Sources. The Boston Massacre was a deadly riot that occurred on March 5, 1770, on King Street in Boston. It began as a street brawl between American colonists ...

How did the Boston Massacre affect the colonists?

The Boston Massacre had a major impact on relations between Britain and the American colonists. It further incensed colonists already weary of British rule and unfair taxation and roused them to fight for independence. Yet perhaps Preston said it best when he wrote about the conflict and said, “None of them was a hero.

What did Paul Revere do to encourage anti-British attitudes?

Paul Revere encouraged anti-British attitudes by etching a now-famous engraving depicting British soldiers callously murdering American colonists. It showed the British as the instigators though the colonists had started the fight.

Why did the colonists pled with the soldiers to hold their fire?

Worried that bloodshed was inevitable, some colonists reportedly pleaded with the soldiers to hold their fire as others dared them to shoot. Preston later reported a colonist told him the protestors planned to “carry off [White] from his post and probably murder him.”.

How long did it take for John Adams to arraign Preston?

GraphicaArtis/Getty Images. It took seven months to arraign Preston and the other soldiers involved in the Boston Massacre and bring them to trial. Ironically, it was American colonist, lawyer and future President of the United States John Adams who defended them.

How many colonists were killed in the Boston Massacre?

Once the first shot rang out, other soldiers opened fire, killing five colonists–including Crispus Attucks, a local dockworker of mixed racial heritage–and wounding six. Among the other casualties of the Boston Massacre was Samuel Gray, a rope maker who was left with a hole the size of a fist in his head.

Who was the best witness in the Boston Massacre?

Preston denied the accusation and the prosecution would try to negate his claim. Their best witness was Daniel Calef who was an eyewitness to the Boston Massacre: I was present at the firing.

What happened in the Boston Massacre?

The Boston Massacre happened in the late evening and by 3 am Captain Thomas Preston was arrested and then interrogated. After the interrogation, he was put into prison where he and his men stayed for seven months. As was expected there was not a lawyer anywhere that would take up a defense for Preston and his men.

What was the second act of the Boston Massacre?

The second act of the Boston Massacre trial was the trial of Preston’s men. Adams argument at the Boston Massacre trial was that the men fired in self-defense. He called over 40 witnesses to prove his argument. In the end, he summed it up by saying:

Why did King George risk his practice, his fame, his respect and even in some sense his life?

He risked his practice, his fame, his respect and even in some sense his life because he believed it to be necessary that a fair trial is held in New England. This would prove to King George that the colonies were capable of justice according to the law and not justice by way of a mob.

Who was the governor of the Massachusetts Bay Colony when the Boston Massacre happened?

Boston Massacre Trial. When word of the shootings reached Thomas Hutchinson, eventual Governor of Massachusetts Bay Colony, he quickly ran to King Street and confronted Thomas Preston. Hutchinson reminded Preston that he was not allowed to shoot at any person in the public unless a civil magistrate was with him and gave the order.

Who was the defense attorney for Preston?

Adams headed up the defense for Preston and in the opposing corner, Robert Treat Paine helped prosecute. Paine would eventually become one of the Declaration of Independence signers as well as a representative of Massachusetts Bay in the Continental Congress.

Did Hutchinson shoot at anyone?

Hutchinson reminded Preston that he was not allowed to shoot at any person in the public unless a civil magistrate was with him and gave the order. Hutchinson knew as well as any one of the civil unrest in Boston. He moved quickly and precisely to diffuse the already escalated situation.

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 ...

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.

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 ...

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.

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Overview

Aftermath

Hutchinson immediately began investigating the affair, and Preston and the eight soldiers were arrested by the next morning. Boston's selectmen then asked him to order the troops to move from the city out to Castle William on Castle Island, while colonists held a town meeting at Faneuil Hall to discuss the affair. The governor's council was initially opposed to ordering the troop withdr…

Background

Boston was the capital of the Province of Massachusetts Bay and an important shipping town, and it was also a center of resistance to unpopular acts of taxation by the British Parliament in the 1760s. In 1768, the Townshend Acts were enacted in the Thirteen Colonies putting tariffs on a variety of common items that were manufactured in Britain and imported in the colonies. Colonists obje…

Incident

On the evening of March 5, Private Hugh White stood on guard duty outside the Boston Custom House on King Street (today known as State Street). A wigmaker's apprentice, approximately 13 years old, named Edward Garrick called out to Captain-Lieutenant John Goldfinch, accusing him of refusing to pay a bill due to Garrick's master. Goldfinch had settled the account the previous day, an…

Legacy

The Boston Massacre is considered one of the most significant events that turned colonial sentiment against King George III and British Parliamentary authority. John Adams wrote that the "foundation of American independence was laid" on March 5, 1770, and Samuel Adams and other Patriots used annual commemorations (Massacre Day) to encourage public sentiment toward inde…

See also

• List of massacres in the United States
• Timeline of United States revolutionary history (1760–1789)

Sources

• A Fair Account of the Late Unhappy Disturbance at Boston. London: B. White. 1770. p. 3. OCLC 535966548. Original printing of a reply to "A Short Narrative…", supplying several depositions, including that of Lieutenant-Governor Hutchinson, which were left out of the Narrative.
• A Short Narrative of the Horrid Massacre. London: W. Bingley. 1770. OCLC 510892519. Original printing of the report of a committee of the town of Boston.

Further reading

• Hinderaker, Eric (2017). Boston's Massacre. Belknap Press: An Imprint of Harvard University Press. ISBN 978-0674048331.
• Reid, John Phillip (1974). "A Lawyer Acquitted: John Adams and the Boston Massacre". American Journal of Legal History. 18 (3): 189–207. doi:10.2307/845085. ISSN 0002-9319. JSTOR 845085.