1Adjournment: 4–5 December 1770 (Adams Papers)
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...
2Adjournment: 27–28 November 1770 (Adams Papers)
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,...
3Adjournment: 28–29 November 1770 (Adams Papers)
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...
4Adjournment: 29–30 November 1770 (Adams Papers)
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...
7Verdicts: 5 December 1770 (Adams Papers)
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...
8Lynde’s Charge to the Jury: 5 December 1770 (Adams Papers)
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...
9Adams’ Minutes of Crown Evidence: 27 November 1770 (Adams Papers)
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...
10Adams’ Minutes of Crown Evidence, Concluded, and of Samuel Quincy’s Argument for the Crown: 29 November 1770 (Adams Papers)
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...
11Adams’ Minutes of Defense Evidence: 29 November 1770 (Adams Papers)
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...
12Adams’ Minutes of Defense Evidence, Continued: 30 November 1770 (Adams Papers)
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...
13Adams’ Digest of Evidence: 29 November–1 December 1770 (Adams Papers)
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...
14Arraignment, Impaneling, Crown’s Opening and Evidence: 7 September, 27 November 1770 (Adams Papers)
On Saturday i.e. Tuesday , the 27th November, 1770, the Court being met, the prisoners were brought into Court and set to the bar, when the Court proceeded thus. . . . Clerk. How sayest thou, William Wemms , art thou guilty of the felony and murder whereof thou standest indicted, or not guilty? William Wemms . Not guilty. Clerk . How wilt thou be tried? William Wemms . By God and my country....
15Samuel Quincy’s Argument for the Crown: 29 November 1770 (Adams Papers)
May it please your Honours, and you Gentlemen of the Jury . Having gone through the evidence on the part of the crown, it is my province to support the charge against the prisoners. The examination hath been lengthy, and from the nature of the transaction complex, and in some part difficult; I shall apply it as distinctly as I am able, without endeavouring to misrepresent or aggravate any...
16Josiah Quincy’s Opening for the Defense: 29 November 1770 (Adams Papers)
May it please your Honours, and you Gentlemen of the Jury. The prisoners at the bar stand indicted for the murder of five of his Majesty’s leige subjects, as set forth in the several indictments, which have been read to you: the persons slain, those indictments set forth, as “being in the peace of God and our Lord, the King,” at the time of the mortal wounds given. To these indictments, the...
17Josiah Quincy’s Argument for the Defense: 3 December 1770 (Adams Papers)
Monday 3 December , NINE o’ Clock, the Court met according to adjournment, and proceeded. May it please your Honours, and you Gentlemen of the Jury, We have at length gone through the evidence in behalf of the prisoners. The witnesses have now placed before you, that state of facts, from which results our defence. The examination has been so lengthy, that I am afraid some painful sensations...
18Paine’s Argument for the Crown: 4–5 December 1770 (Adams Papers)
May it please &c. It now remains to close this Cause on the part of the Crown, a cause, which from the Importance of it has been examined with such minuteness and protracted to such a length that I fear it has fatigued your attention as I am certain it has exhausted my Spirits. However Gentlemen it may serve to show you and all the world that the Benignity of the English Law, so much relied on...
19Trowbridge’s and Oliver’s Charges to the Jury: 5 December 1770 (Adams Papers)
Gentlemen of the Jury, William Wemms, James Hartegan, William McCauley, Hugh White, Matthew Killroy, William Warren, John Carrol and Hugh Montgomery, prisoners at the bar, are charged by the Grand Jurors for the body of this county, with having feloniously and of their malice aforethought, shot and thereby killed and murdered Samuel Maverick, Samuel Gray, James Caldwell, Patrick Carr, and...
20Adams’ Minutes of Crown Evidence, Continued: 28 November 1770 (Adams Papers)
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...
21Adams’ Argument for the Defense: 3–4 December 1770 (Adams Papers)
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...
On the evening of the 5th of March I was at my lodgings, I heard a noise, and went out towards Union-street, and saw people coming from the North-end, with sticks and clubs in their hands; it was about nine o’clock. I followed them to Dock-square, somebody asked what was the matter, he was answered, that a boy and soldier had been foul of one another; they hallowed King-street; I went up to...