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.
One historian, Hiller B. Zobel, has suggested that Adams agreed to defend the soldiers in exchange for a legislative seat. (Three months after the trial, he was Boston's first choice for the position.)
So, why did he take on such a difficult case? He truly believed in the legal system and that everyone deserves a fair trial with proper representation. Many attorneys today reference Adams’ defense of the British as a reason why all clients deserve representation.
Adams demonstrated his belief in the justice system as he served as a delegate to the Continental Congress and a leader of the Revolution. He served as the new nation’s first Vice President and as the second President, carrying a belief in the rule of law with him throughout his time in office.
As noted in the 2008 HBO mini-series chronicling the life and career of John Adams (1735-1826), as a young lawyer the future president served as counsel for the defense in the trial of eight British soldiers accused of murder during a riot in Boston on March 5, 1770.
John AdamsJohn Adams Defended Enemy Soldiers in Court. 250 Years After the Boston Massacre, Here's How That Case Is Still Shaping Legal History. America's Founding Fathers make great statues.
As Adam said in his closing statement at the trial: Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.
Adams Reacts to the Boston Tea Party When he returned the very next morning, he was shocked that the Sons of Liberty undertook such a foolhardy course, but was nonetheless pleasantly surprised.
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.
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 ...
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 ...
It is also what is called the dying declaration, and in a courtroom today we have an exception to the hearsay rule for a dying declaration because the theory is that, although hearsay evidence can be typically unreliable, it’s more reliable if it’s someone’s final statement before their death.
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.
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.
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 ...
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.
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 ...
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.
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.
However, one of the patriots so essential to the revolution, John Adams, chose to defend 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.
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.
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.
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 Adams’s life and thought, the most important feature of the second massacre trial was the presence in the courtroom of a shorthand writer.
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.
Eight soldiers under Preston’s 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 Adams’s political thought, especially his view of the human material of which politics is made.
John Adams was born on October 30, 1735, to his father, John Adams Sr., and his mother, Susanna Boylston, and had two younger brothers, Peter and Elihu.
The Boston Massacre was a conflict in Boston on March 5, 1770. British soldiers shot and killed many people, perceiving them as a mob, and leading patriots including Paul Revere and Samuel Adams heavily publicized the event.
Following the Boston Massacre, Captain Thomas Preston, eight British soldiers, and five British civilians were charged for murder. They were exposed to the possibility of execution and could not find a defense team as they would have to defend them in the anti-British city of Boston.
These days, criminal defense lawyers regularly take John Adams’s defense of the British soldiers to to represent specific clients. He did not blame the city for initiating the riot and focused on facts.
It is generally unsatisfying to get a mixed verdict in a case involving so much passion and emotion. However, these cases serve as a compelling example, and the Boston Massacre trial was among these trials.