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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

    TUESDAY 4 December , half past FIVE o’Clock, p.m. (Mr. Paine not having gone through his argument) the Court adjourned to Wednesday morning, Eight o’Clock. WEDNESDAY morning 5 December , Eight o’Clock, the court met according to Adjournment, when Mr. Paine finished closing, and the Court proceeded to sum up the cause to the Jury. Wemms Trial The Trial of William Wemms, James Hartegan, William...
    N.B . The Court being unable to go through this trial in one day, the King’s Attorney and the prisoners consented to the Court’s adjourning over night during the Trial, the Jury being kept together in the mean time, by proper officers, appointed and sworn by the Court for that purpose. FIVE o’clock p.m. the Court adjourned to next morning, Wednesday   28 November . NINE o’clock. Wednesday,...
    SIX o’clock, p.m. the Court adjourned to Thursday morning   29 November   Nine o’clock. Thursday NINE o’clock the Court met according to adjournment, and proceeded. Wemms Trial The Trial of William Wemms, James Hartegan, William M’Cauley , [and others] ... for the Murder of Crispus Attucks, [and others], ... Superior Court of Judicature, Court of Assize, and General Goal Delivery ... taken in...
    FIVE o’clock p.m. the Court adjourned till next morning, Friday,   30 November nine o’clock. Friday, NINE o’clock, the Court met according to adjournment, and proceeded. Wemms Trial The Trial of William Wemms, James Hartegan, William M’Cauley , [and others] ... for the Murder of Crispus Attucks, [and others], ... Superior Court of Judicature, Court of Assize, and General Goal Delivery ......
    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....
    Judge Cushing . The longest Tryal I have ever known. The Party in K ing S treet had a right to beat . Judge Lynde . 8 Prisoners. No Body can wonder that on their account we have spend a great Deal of Time. HP 482 , If it be not known who kill’d. This Rule will Shorten your Business. Paine Massacre Notes . Presumably 1 Hale, Pleas of the Crown Matthew Hale, Historia Placitorum Coronse: The...
    After the Court had summed up the Cause, the Jury withdrew for about two hours and an half, and then returned to the Court. Clerk of the Court . Gentlemen of the Jury, are you all agreed in your verdict? Jury . Yes. Clerk . Who shall speak for you? Jury . Our Foreman. Clerk. William Wemms, hold up your hand. ( which he did ) Gentlemen of the Jury, look upon the prisoner: How say you, is...
    If therefore on the whole of the evidence offered, you should be of the mind that this meeting of the soldiers was lawful, as they were enjoyned it by their officer who had the command, you must look upon it that there being thus met was lawful; whether it was so or not may be after considered; but, on that supposition, it will be necessary for you to determine by which or how many of the...
    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...