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    Rex v. Wemms: Suffolk Superior Court, Boston

    From: Adams Papers | Legal Papers of John Adams | Volume 3 | R. Criminal Law, continued: The Boston Massacre Trials | Rex v. Wemms: Suffolk Superior Court, Boston

    Josa. Quincy. 3 main Divisions, under the last there will be many Sub divisions. 1st. whether any killd. 2. Who killed ’em? Wherever a Doubt the Bias is in favour of the Prisoner. 3d. last and main Division, is what are the facts they all edge to justify, excuse, or all eviate. Under this many minute divisions. Need not remind you of the importance to the Prisoners, nor to the Community....
    James Dodge . . . seemed to come from close before them, i.e. I took it, the snow was flung on Purpose. I took it, the? soldiers pushed, to keep the Inhabitants off . Saw no Oyster Shells thrown, and believe there were none. A Cake of Ice covered the Pavement there, and cov ere d up all the shells. Samuel Clark . Saw White, before the Affray. He stood Sentry. He spoke to me, and asked me how...
    Jos. Crosbey . Kilroys Bayonett appeared to be covered with Blood 5 or 6 Inches, next day . James Carter. The next Morning I observed Kilroys Bayonett to be bloody. I am Satisfyed it was blood . I was near to it, as to Mr. Paine. Jona. Cary. 4 of my Sons, Maverick and another Lad were at supper in my Kitchen, when the Bells rang and I told em there was fire. They said theyd eat a few mouth...
    James Crawford. At dark that night, I went home and was not out till next morning. I met Numbers of People that night as I went home, going down with sticks in their Hands. At Calefs Corner, saw a Num­ ber above 12 with sticks in their Hands. Heard no Declarations. In Quaker Lane I met many more than common, going towards K’s Street. I was going to Bulls Wharfe where I live and met them. They...
    Dr. Richard Hyrons. About 7 o Clock. Saw several soldiers at my own door a little after 8, passing and repassing, some with Clubbs, some with Bayonetts. The Noise and Confusion seemed to come from the Bottom of the Street towards the Markett. In 8 or 10 minutes I heard a Person run thro B oylston’s Ally with great Violence from Cornhill. He ran towards the barrack Gate, and then ran back again...
    James Crawford. Went home to Bulls Wharf at dark about 6 O Clock. Met Numbers of People, going down towards the Town House, with sticks. A t Calfs Corner, Saw above a dozen with sticks. In Quaker Lane and Greens Lane met many, going towards K ing S treet . Very great Sticks, pretty large Cudgells, not common Walking Canes. Archibald Gould. Going to Crawfords at Bulls Wharf. At 8, at Swing...
    James Brewer . To the best of my Remembrance I saw Kilroy . I came up r oyal exchange Lane, and saw the Sentry with his Bayonett breast high, and a Number of Boys 20 or more round him . He was on the steps of the C ustom H ouse . I spoke to the Sentry, and said to him, no Body would hurt him. The Boys were talking together, but doing nothing. I saw the Party come down. I spoke to C aptain P...
    May it please your Honours and you Gentlemen of the Jury, I am for the prisoners at the bar, and shall apologize for it only in the words of the Marquis Beccaria: “If I can but be the instrument of preserving one life, his blessing and tears of transport, shall be a sufficient consolation to me, for the contempt of all mankind.” As the prisoners stand before you for their lives, it may be...