Trial+of+the+Soldiers+for+Boston+Massacre

THE TRIAL OF THE BRITISH SOLDIERS OF THE 29th REGIMENT OF FOOT,

FOR THE MURDER OF CRISPUS ATTUCKS, SAMUEL GRAY, SAMUEL MAVERICK, JAMES CALDWELL, AND PATRICK CARR, ON MONDAY EVENING, MARCH 5, 1770, BEFORE THE HONORABLE BENJAMIN LYNDE, JOHN CUSHING, PETER OLIVER, AND EDMUND TROWBRIDGE, ESQUIRES, JUSTICES OF THE SUPERIOR COURT OF JUDICATURE, COURT Of ASSIZE, AND GENERAL GAOL DELIVERY, HELD AT BOSTON, BY ADJOURNMENT, NOVEMBER 27, 1770.

BOSTON:  PUBLISHED BY WILLIAM EMMONS 1824

//The contents of this page incompletely constitute pages 1-32 as well as the author's appendix of the full text of the above proceedings. What follows has been transcribed from the original format using the scanned PDF provided by the Library of Congress (@http://lccn.loc.gov/08037489). It is unofficially 100% accurate. I have formatted it from its original paragraph style to be used more easily in a classroom setting. The headings used to create the table of contents are mine. [|Click here to view the original PDF document].//

page 3 toc  TRIAL OF THE BRITISH SOLDIERS

=Charges= AT his Majesty's Superior Court of Judicature, Court of Assize and general Gaol Delivery, begun and held at Boston, within, and for the County of Suffolk, on the second Tuesday of March, in the tenth year of the reign of GEORGE the THIRD, by the Grace of GOD, of Great Britain, France and Ireland, King, defender of the Faith, &c.

The Jurors for the said Lord the King, upon their oath present, that Thomas Preston, Esq. William Wemms, labourer, James. Hartegan, labourer, William McCauley, labourer, Hugh White, labourer, Matthew Killroy, labourer, William Warren, labourer, John Carrol, labourer, and Hugh Montgomery, labourer, all now resident in Boston, in the County of Suffolk, and Hammond Green, boat builder, Thomas Greenwood, labourer, Edward Manwaring, Esq. and John Munroe, gentleman, all of Boston aforesaid, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil and their own wicked hearts, did, on the fifth day of this instant March, at Boston aforesaid, within the county aforesaid, with force and arms, feloniously, willfully, and of their malice aforethought, assault one Crispus Attucks, then and there being in the peace of God, and of the said Lord the King, and that he the said William Warren, with a certain hand gun of the value of twenty shillings, which he the said William Warren then and there held in both his hands, charged with gun powder and two leaden bullets, then and there, feloniously, willfully, and of his malice aforethought, did shoot off, and discharge at and against the said Crispus Attucks, and that the said William Warren, with the leaden bullets as aforesaid, out of the said hand gun, then and there by force of the said gun powder so shot off and discharged as aforesaid, did then and there, feloniously, wilfully, and of his malice aforethought, strike, penetrate and wound the said Crispus Attucks in and upon the right breast, a little below the right pap of him the said Crispus, and in and upon the left breast, a little below the left pap of him the said Crispus, thereby giving to him the said Crispus, with one of the bullets aforesaid, so shot off and discharged as aforesaid, in and upon the right breast, a little below the right pap of him the said Crispus, one mortal wound of the depth of six inches, and of the width of one inch ; and also thereby giving to him the said Crispus, with

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the other bullet aforesaid, so shot off and discharged by the said "William Warren as aforesaid, in and upon the left breast, a little below the left pap of him the said Crispus, one other mortal wound of the depth of six inches, and of the width of one inch, of which said mortal wounds, the said Crispus Attucks then and there instantly died; and that the aforesaid Thomas Preston, William "Wemms, James Hartegan, William M'Cauley, Hugh White, Matthew Killroy, William Warren, John Carrol, Hugh Montgomery, Hammond Green, Thomas Greenwood, Edward Manwaring,and John Munroe, then and there, feloniously, wilfully, and of their malice aforethought, were present, aiding, helping, abetting, comforting, assisting, and maintaining the said William Warren, to do and commit the felony and murder aforesaid.

And so the Jurors aforesaid, upon their said oath, do say, that the said Thomas Preston, William Wemms, James Hartegan, William M'Cauley, Hugh White, Matthew Kilroy, William Warren, John Carrol, Hugh Montgomery, Hammond Green, Thomas Greenwood, Edward Manwaring, and John Munroe, then and there, in manner and form aforesaid, feloniously, wilfully, and cf their malice aforethought, did kill and murder the said Crispus Attucks, against the peace of the said Lord the King, his crown and dignity. JON. SEWALL, Att. pro. Dom. Rege.

//This is a true Bill, WM. TAYLOR, Foreman.// At the same Court the said James Hartegan, was indicted for the murder of Samuel Gray; and the said Thomas Preston, Esq. William Wemms, William M'Cauley, Hugh White, Matthew Killroy, William Warren, John Carrol, and Hugh Montgomery, for being present aiding, helping and abetting the said James Hartegan to do and commit the felony and murder aforesaid. Mt. SAML. WINTHROP, Clerk. And at the same Court the said Matthew Killroy, was indicted for the murder of one Samuel Maverick ; and the said Thomas Preston, William Wemms, William M'Cauley, James Hartegan, Hugh White, William Warren, John Carrol, and Hugh Montgomery, for being present, aiding, helping, abetting, and assisting the said Matthew Killroy, to do and commit the felony and murder aforesaid. Mt. SAML. WINTHROP, Clerk.

And at the same Court the said John Carrol, was indicted for the murder of one James Caldwell; and the said Thomas Preston, William Wemms, William M'Cauley, James Hartegan, Hugh White, William Warren, and Hugh Montgomery, for being present, aiding, helping, abetting, and assisting the said John Carrol to do and commit the felony and murder aforesaid. Mt. SAML. WINTHROP, Clerk.

And at the same Court, the said Hugh White was indicted for the murder of one Patrick Carr; and the said Thomas Preston, William Wemms, James Hartegan, William M'Cauley, Matthew Killroy, William Warren, John Carrol, and Hugh Montgomery, for being present, aiding, helping, abetting, and assisting the said Hugh White to do and commit the felony and murder aforesaid. Att. SAML. WINTHROP, Clerk.

page 5 On Saturday, 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 of the Court //read the indictment to them as before//, to which they all pleaded **//not guilty//**.

//Clerk//. God send you a good deliverance !

=Calling the Jury=
 * //The Jury were called over and appeared.//**

//Clerk//. You the prisoners at the bar, these good men, which were last called and do now appear, are those who are to pass between our sovereign Lord the King and you, upon the trial of your several lives; if therefore you will challenge them, or any of them, you must challenge them as they are called to be sworn, before they are sworn, and you shall be heard. The prisoners being asked whether they would agree in their challenges, consented that William Wemms should make challenges for them all.

Samuel Williams, Roxbury, - - challenged for cause. Joseph Curtis, do. - - - challenged for cause. Nathaniel Davis, do. - - - sworn. Joseph Mayo, do. - - - sworn. Abraham Wheeler, Dorchester, - - - sworn. Edward Pierce, do. - - - sworn. William Glover, do. - - challenged peremptorily, Isaiah Thayer, Braintree, - - - sworn. Samuel Bass, jr. do. - - challenged peremptorily. James Faxen, do. - - challenged peremptorily. Benjamin Fisher, Dedham, - - - - sworn. John Morse, do. - - challenged peremptorily. James White, Medway, - - challenged peremptorily. Nehemiah Davis, Brookline, - - challenged peremptorily. Samuel Davenport, Milton, - - - sworn. Joseph Houghton, Milton, - - - sworn. James Richardson, Medfield, - - challenged peremptorily. John Billings, Stoughton, - - challenged peremptorily. Joseph Richards, do. - - challenged for cause. Consider Atherton, do. - - - sworn. Abner Turner, Walpole, - - challenged peremptorily. John Brown, Boston, - - challenged for cause. Joseph Barrell, do. - - challenged for cause. Silas Atkins, do. - - challenged for cause. Harbottle Dorr, do. - - challenged for cause.

//The Clerk having gone through the pannel, and there being a deficiency of Jurors, the Sheriff, by order of the Court, returned the following talesmen.//

Samuel Sheppard, - - challenged peremptorily. John Goldsbury, - -. challenged for cause. Samuel Peck, - - challenged for cause. William Gouge, - - challenged for cause. Joseph Turrel, - - challenged for cause. Jacob Cushing, jr. Hingham, - - - sworn.

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Josiah Lane, Hingham, - - - sworn Jonathan Burr, do - - - sworn

> //N. B. The three last being illegally returned, an Jurors, were rejected by the Court, and returned by the Sheriff as talesmen.//

//Clerk.// Cryer count these.

Joseph Mayo, Foreman, Roxbury. Samuel Davenport, Milton, Nathaniel Davis, do. Joseph Houghton, do. Abraham "Wheeler, Dorchester. Consider Atherton, Stoughton. Edward Pierce, do. Jacob Cushing, jr. Hingham. Isaiah Thayer, Braintree. Josiah Lane, do. Benjamin Fisher, Dedham. Jonathan Burr, do.

//Cryer//. Gentlemen, are ye all sworn ?

//Clerk//. Prisoners, hold up your hands. Gentlemen of the Jury look upon the prisoners, and hearken to the charge. //("The Clerk then read the several indictments against them as before set forth.)// Upon each and every of these several indictments the prisoners at the bar have been arraigned, and upon their arraignment have pleaded not guilty, and for trial have put themselves upon God and their country, which country you are, your charge therefore is, to inquire whether they or either of them be guilty of the felony and murder whereof they stand indicted, or not guilty. If they or either of them are guilty, you are to say so ; if they or either of them are not guilty, you are to say so and no more. Good men and true, stand together and hearken to your evidence.

//Counsel for the Crown// Robert Treat Paine, Esq. and Samuel Quincy, Esq.

//Counsel for the Prisoners// John Adams, Esq. Mr. Josiah Quincy, and Mr. Sampson Salter Blowers.

=Opening Statements= Samuel Quincy, Esq. addressing himself to the Court and Jury, opened the cause in the following words: (opening remarks)

//May it please your honors, and you Gentlemen of the Jury, //

THE prisoners at the bar, are that party of soldiers belonging to His Majesty's 29th regiment, who in the evening of the 5th of March last, were induced from some cause or other to fire on the inhabitants of this town, in King-street.

They are charged in five distinct indictments, with the wilful premeditated murder of five different persons mentioned in the respective bills; to each of these indictments they have severally pleaded, //not guilty//; and by that plea have thrown upon the crown the burthen of proving the fact alledged against them : It is my province therefore to give you evidence in support of this charge, and yours, gentlemen of the Jury, to determine whether they are guilty, or not.

The cause is solemn and important; no less than whether eight of your fellow subjects shall live or die! A cause grounded on the most melancholy event that has yet taken place on the continent of America, and perhaps of the greatest expectation of any that has yet come before a tribunal of civil justice, in this part of the British dominions.

I am aware how difficult, in cases of this sort, it ever is, and more especially so in these times, and in this trial, to preserve the mind Up to the Table of Contents

page 7 perfectly Indifferent; but I remember, we are bound, not only by the natural obligations towards God and man, but also by an oath, to examine into the evidence of fact without partiality or prejudice; I need not therefore caution you of your duty in this respect: It is upon that evidence and the law resulting- from it, you, gentlemen, are, in the language of your oath, to give a verdict; and 1 will venture, beforehand, to pronounce that verdict righteous, if it is founded in these principles as the rule of your judgment.

It has become my duty, it shall therefore be my endeavor, to acquit myself in the course of this trial with decency and candor,- reflecting, that however interesting the question may be, the object of our enquiry is simply that of truth, and that this enquiry is to be conducted by the wisdom of the laws and constitution.

In support of this accusation against the prisoners at the bar, it is incumbent on the crown, to ascertain the following things; viz. The identity of the persons charged; The fact of killing ; and the circumstances attending and aggravating that fact.

To this end, I shall immediately produce to you such evidence,from the testimony of credible witnesses, as may be sufficient to sustain the several indictments, and when I have gone through the examination, make such remarks upon it, as may be most concise and pertinent to the present issue.

=Examination by the Crown= The following witnesses were then sworn, and examined in their order.

//**Jonathan Williams Austin -- sworn.**//
Q. Do you know either of the prisoners at the bar ? A. I do.

Q. "Which of them. A. M'Cauley. -- I knew the man before, but did not know his name ; I was afterwards told it was M'Cauley. On the evening of the 5th of March last, I heard the bells ring, and immediately went into King-street.

Q. How many people do you imagine might be there when you got into King-street ? A. There might be twenty or thirty I believe. -- I saw the Sentry at the Custom-House door swinging his gun and bayonet; there were a parcel of men and boys round him. I desired them to come away, and not molest the Sentry : Some of them came off and went to the middle of the street; I then left them and went up towards the Main Guard. Immediately a party came down, I walked by the side of them till I came to the Sentry-box at the Custom-house.-- M'Cauley had then got to the right of the Sentry-box; he was then loading his piece.

Q. How near was you to M'Cauley at that time ? A. I was about four feet off; M'Cauley said "Damn you, stand off, -- and pushed his bayonet at me : I did so : -- Immediately I heard the report of a gun.

Q. How near did M'Cauley stand to the corner? A. He came round the Sentry-box, and stood close to it on the right.

Q. When the party came down, were there many people there ? A. I cannot really "say, I think about fifty or sixty.

Q. What did they say to the people as they came down ? A. I did not hear them say any thing.

Q. Did you hear any orders given?

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A. I did not, either to load or fire.

Q. Did you hear the Sentry cry out for help to the Main-Guard ? A. No ; I was not there half a minute.

Q. Whereabouts did you stand ? A. I stood inside the gutter, close by the box.

Q. Whereabout did the Sentry, box stand? A. Three or four feet from the corner of the Custom-House.

Q. How many guns did you hear ? A. Five or six, I cannot swear to any particular number.

Q. Did you look round after you heard the guns fired? A. Yes.

Q. Did you see M'Cauley then ? A. Yes.

Q. Was he loading again ? A. I think he was; it so lies in my mind; (I cannot absolutely swear it,)

Q. Do you know whether any soldiers stood on the right of M'Cauley? A. I took so particular notice of M'Cauley, that I minded no other object.

//**Ebenezer Bridgham -- sworn.**//
Q. Do you know any of the prisoners at the bar ? A. I particularly saw that tall man, (//pointing to Warren, one of the prisoners.//) Next day after the firing in King-street, I saw more of them whom I cannot particularly swear to now.

Q. Did you see the soldiers before the justices on examination? A. Yes.

Q. Did you then observe you had seen any of them the night before in King-street? A. I was well persuaded next day in my own mind, that I saw that tall one ; but a few days after, I saw another man belonging to the same regiment, so very like him, that I doubt whether I am not mistaken with regard to him.

Q. Were there any other of the party you knew ? A. I am well satisfied I saw the Corporal there.

Q. Did you see White there ? A. I do not remember?

Q. What was the situation of the Corporal ? A. He was the corner man at the left of the party.

Q. Did you see either of the persons, you think you know, discharge their guns ? A. Yes ; the man I take to be the tall man, discharged his piece as it was upon a level.

Q. Did you see the Corporal discharge his gun ? A. I did not.

Q. Where did you stand ? A. I was behind them in the circle.

Q. What part of the circle did the tall man stand in ? A. He stood next but one to the Corporal. The tall man whoever he was, was the man I saw discharge his piece.

Q. Was any thing thrown at the soldiers ? A. Yes, there were many things thrown, what they were I cannot say.

Q. How did the soldiers stand? A. They stood with their pieces before them, to defend themselves; and as soon as they had placed themselves, a party, about twelve in number, with sticks in their hands, who stood in the middle of the street, gave three cheers, and immediately surrounded the soldiers, and struck upon their guns with their sticks, and passed along the front of the soldiers, towards Royal-Exchange-lane, striking the soldiers' guns as they passed; numbers were continually coming down the street.

Q. Did you see any person take hold of any of the guns or bayonets of any of the party ? A. I do not remember I did.

Q. Did you hear any particular words from this party of twelve ? A. I heard no particular words, there was such a noise I could not distinguish any words.

Q. Did they load their guns before the people surrounded them, or after? A. They were loading at the time.

Q. How-near did they go to the soldiers? Up to the Table of Contents

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A. Very near them, almost close to their guns.

Q. Were the people who struck the guns, there at the firing ? A. I cannot say whether they had gone away or not.

Q. Did you apprehend the soldiers in danger, from any thing you saw ? A. I did not, indeed.

Q. Where did you stand at the firing ? A. I kept my place. At the time of the firing of the first gun, I heard a clattering noise on the right like one gun striking against another, and immediately the first gun was fired from the right.

Q. At the time of firing that gun was any assault made on the person that fired ? A. I did not see the person that fired.

Q. You said, you saw several blows struck upon the guns, I should like you would make it more plain. A. I saw the people near me on the left, strike the soldiers' guns, daring them to fire, and called them cowardly rascals, for bringing arms against naked men; bid them lay aside their guns, and they were their men.

Q. Did you see any person fall ? A. Yes, I saw Gray fall.

Q. Where was that ? A. He fell in the middle of the street.

Q. Was the place where he fell nearly opposite to the tall man you talk of? A. No ; the gun that killed him, must have been nearer to the center. When the soldiers on the left fired, there were fewer people in the streets.

Q. Did you see a mulatto among those persons who surrounded the soldiers ? A. I did not observe.

Q. Did they seem to be sailors or town's men ? A. They were dressed some of them in the habits of sailors.

Q. Did you hear any bell ring? A. Yes.

Q. What bell? A. I believe all the bells in town were ringing, I heard the Old South first.

Q. Did the clattering or blows on the guns to the right, immediately before the first gun went off, appear very violent ? A. Yes, very violent.

Q. Where was the second gun fired from ? A. I took it to be the person next to him who fired the first, or very near him.

Q. Betwixt the first and second gun, did you see any assault given to the soldiers ? A. No.

Q. When the firing came along to the left, were there many people in the street ? A. There were very few people then in the street.

Q. What place did those few stand in? A. Right over the way.

Q. Was you looking at the person who fired the last gun ? A. Yes, I saw him aim at a lad that was running down the middle of the street, and kept the motion of his gun after him a considerable time, and then fired.

Q. Did the lad fall? A. He did not, I kept my eye on him a considerable time?

Q. This soldier was towards the left, you say, was he quite to the left ? A. Not quite, but towards it.

Q. Was the lad among the party that struck at the soldiers ? A. He was passing the street, I cannot say where he came from.

Q. After the firing of the first gun did the people disperse ? A. They drew away down Royal-exchange-lane, but others were coming continually down the street; but when the first person was killed, they seemed all to draw off.

Q. Did the people that came down the street, endeavor to join the party that was striking the soldiers, or did they come because of the ringing of the bell's? A. I believe they came because the bells were ringing, for they came from all parts of the town, and did not appear to me to join in the assault.

Q. How many guns were fired? A. I believe seven.

Q. How

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many soldiers were of the party? A. I did not count them, but I believe twelve.

//**James Dodge -- sworn.**//
Q. Do you know either of the prisoners? A. Yes, I know Warren, and saw him with the party in King-street on the evening of the 5th of March last.

Q. Do you know any of the rest? A. I know them all by sight, but that is the only person I can swear to.

Q. The night of the firing, did you see the Corporal there ? A. Not so as to know him ; but Warren I can swear to.

Q. Did you see him discharge his piece ? A. No: I went away when the first gun was fired.

Q. Where did the person stand, who fired the first gun? A. He stood towards the left of the party.

Q. Whereabout did you stand yourself ? A. Opposite the soldiers, by Mr. Warden's shop, the barber.

Q. Did you see any body fall? A. I saw none fall. I went off when the first gun was fired, and came back again and heard there were three men killed.

Q. Do you mean the first gun was fired from your left, or from the left of the party. A. From the left of the party; there were two stood to the left of Warren.

Q. What appeared to be the conduct of the soldiers before the firing? A. When I got there, they were swinging their guns backward and forward, and several, among the people, said, fire, damn you, fire; but I think it was Capt. Preston that gave the word to fire.

Q. How many people were there ? A. I took them to be about fifty.

Q. What had they in their hands? A. they had nothing in their hands.

Q. Did you see any ice or snow balls thrown at the soldiers? A. I saw several snow-balls and pieces of ice thrown, and heard a rattling against the barrels of their guns, whether it was sticks, or what, I do not know.

Q. Where did the snow-balls seem to come from? A. From the people right before the party.

Q. Did the snow-balls seem to be thrown in anger? A. I do not know ; I saw the soldiers pushing at the people before any snow-balls were thrown.

Q. Were the people pressing on? A. They were very near, within reach of their bayonets.

Q. Did you see any oyster-shells thrown? A. No.

Q. Was the snow trodden down, or melted away by the Custom-House? A. No, the street was all covered like a cake.

//**Samuel Clark -- sworn.**//
Q. Did you see any of the prisoners in King-street on the 5th of March ? A. Yes, before the affray happened.

Q. Which of them was it? A. It was White. He was standing sentry at the Custom-House : he spoke to me, and asked me how we all did at home. I immediately went home. Soon after I heard the bells ring, and went into King-street. When I came there, the soldiers were drawn up by the Main-Guard.

Q. Was you there at the time of the firing? A. I was not.

Q. When you spoke to the sentry, was there any body with him? A. No, he was walking backwards and forwards by himself.

//**Edward G. Langford -- sworn.**//
I am one of the town watch.

Q. Was vou in King-street that evening the 5th of March? A. Yes. The bells began to ring, and the people cryed fire : I ran with the rest, and went into King- Up to the Table of Contents

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street; I asked where the fire was ; I was told there was no fire, but that the soldiers at Murray's barracks had got out, and had been fighting with the inhabitants, but that they had drove them back again. I went to the barracks, and found the affair was over there. I came back, and just as I got to the Town pump, I saw twenty or five-and-twenty boys going into King-street. I went into King-street myself, and saw several boys and young men about the sentry-box at the Custom-House. J asked them what was the matter. They said the sentry had knocked down a boy. They crowded in over the gutter ; I told them to let the sentry alone. He went up the steps of the Custom-House, and knocked at the door, but could not get in. I told him not to be afraid, they were only boys, and would not hurt him.

Q. Do you know the sentry? A. Yes.

Q. Is he among the prisoners ? A. Yes, that's he. (Pointing to White.).

Q. Do you know any of the rest? A. Yes, that man. (Pointing toKillroy.) The boys were swearing and speaking bad words, but they threw nothing.

Q. Were they pressing on him ? A. They were as far as the gutter, and he went up the steps and called out, but what he said I do not remember.

Q. Did he call loud? A. Yes, pretty loud.

Q. To whom did he call. A. I do not know ; when he went up the steps he leveled his piece with his bayonet fixed. As I was talking with the sentry, and telling him not to be afraid, the soldiers came down, and when they came, I drew back from the sentry, towards Royal-exchange-lane, and there I stood; I did not see them load, but somebody said, are you loaded ; and Samuel Gray, who was shot that night, came and struck me on the shoulder, and said, Langford, what's here to pay ?

Q. What said you to Gray then ? A. I said I did not know what was to pay, but I believed something would come of it by and by. He made no reply. Immediately a gun went off. I was within reach of their guns and bayonets ; one of them thrust at me with his bayonet, and run it through my jacket and great coat.

Q. Where was you then ? A. Within three or four feet of the gutter. on the outside.

Q. Who asked, are you loaded? A. I do not know whether it was the soldiers or inhabitants.

Q. Did you hear the word given to load? A. I heard the question asked, whether they were loaded ? but I heard no orders to load. Somebody then said, are you all ready ? I then heard the word given to fire, twice distinctly.

Q. How many people were there before the soldiers at that time ? A. About forty or fifty, but there were numbers in the lane.

Q. Were they nigh the soldiers ? A. They were not in the inside of the gutter.

Q. Had any of the inhabitants sticks or clubs ? A. I do not know. I had one myself, because I was going to the watch, for I belong to the watch.

Q. How many soldiers were there ? A. I did not count the number of them, about seven or eight I think.

Q. Who was it fired the first gun ? A. I do not know.

Q. Whereabout did he stand that fired ? A. He stood on my right, as I stood facing them : I stood about half way betwixt the box and Royal-Exchange-lane. I looked this man (pointing to Killroy) in the face, and bid him not fire; but he immediately fired, and Samuel Gray fell at my feet. Killroy thrust

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his bayonet immediately through my coat and jacket; -- I ran to.wards the watch-house, and stood there.

Q. Where did Killroy stand? A. He stood on the right of the party.

Q. Was he the right hand man ? A. I cannot tell. I believe there were two or three on his right, but I do not know.

Q. You spoke to him you say before he fired, what did you say to him ? A. I said either damn vou, or God damn you do not fire, and immediately he fired.

Q. What in particular made you say do not fire ? A. Hearing the other guns go off'.

Q. How many guns went off before he fired ? A. Two: but I saw nobody fall. Gray fell close to me. I was standing leaning on my stick.

Q. Did Gray say any thing to Killroy before he fired ? A. He spoke to nobody but me.

Q. Did he throw any snow-balls ? A. No, nor had he any weapon in his hand; he was naked as I am now.

Q. Did you see any thing thrown? A. No, 1 saw nothing at all thrown of any kind.

Q. Was you talking with Gray at the time the gun went off? A. I did not speak with him at that instant, but I had been talking with him several minutes before that.

Q. Was you so near Gray, that if he had thrown any thing you must have seen it? A. Yes, his hands were in his bosom, and, immediately after Killroy's firing, he fell.

Q. Did you heal-any other gun at that time? A. None, till I had got near to the watch-house.

Q. How near were the people standing to the soldiers, at the time that gun shot Gray! A. They were standing near the gutter.

Q. Did you see any thing hit the soldiers ? A. No, I saw nothing thrown. I heard the rattling of their guns, and took it to be one gun against another. This rattling was at the time Killroy fired, and at my right, I had a fair view of them; I saw nobody strike a blow nor offer a. blow.

Q. Have you any doubt in your mind that it was that gun of Killroy's that killed Gray ? A. No manner of doubt; it must have been it, for there was no other gun discharged at that time.

Q. Did you know the Indian that was killed? A. No.

Q. Did you see any body press on the soldiers with a large cord wood stick ? A. No.

Q. After Gray fell, did he (Killroy) thrust at him with his bayonet? A. No, it was at me he pushed.

Q. Did Gray say anything to Killroy, or Killroy to him ? A. No, not to my knowledge, and I stood close by him.

Q. Did you perceive Killroy take aim at Gray ? A. I did not: he was as liable to kill me as him.

//**Francis Archibold -- sworn.**//
Q. Did you see any of the prisoners in King-street, that evening of the 5th of March ? A. Yes, I saw Killroy go down with the party towards the sentry.

Q. How many of them ? A. I took them to be six, besides the Corporal.

Q. Did you see any of the rest there that you knew ? A. No.

Q. Did you see any of them fire ? A. No, I was not near them; I went to Stone's door.

Q. Did you see any snow balls or sticks thrown ? A. No.

Q. Was you looking at the party and the people by them before the firing? A. Yes. There was a noise amongst them; I was not near enough to hear what was said, but I saw nothing thrown.

Q. Where was you when the party came down? A. Near the middle of the street.

Q. Did you observe the party to divide Up to the Table of Contents page 13

themselves? A. No ; the corporal walked in front of them as he always does at a relief.

Q. Do you know who rung the bell at the Brick meeting- house? A. No.

Q. Did you see any body get in at the windows of the Brick meeting house ? A. No. In Cornhill somebpdy said ring the bell, but who it was I do not know.

Q. Which bell rung first? A. The Old Brick, I believe.

Q. Did you see what passed betwixt the soldiers and others at the barracks ? A. About ten minutes after nine, I saw a soldier, and a mean looking fellow with him, with a cutlass in Ins hand; they came up to me : somebody said, put up your cutlass, it is not right to carry it at this time of night. He said damn you, ye Yankee boogars, what's vour business : he came up to another that was with me, and struck him. We beat him back, when seven or eight soldiers came out of the barracks, with tongs and other weapons; tine aimed a blow at a young fellow, John Hicks, who knocked the soldier down. As he attempted to rise, I struck him down again, and broke his wrist, as 1 heard afterwards. I went to King-street, and when the guns were all fired, I saw several persons dead.

> //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, nine o'clock.**

***** *****  *****  *****
 * WEDNESDAY, nine o'clock, the Court met according to adjournment, and proceeded.**

**James Brewer -- sworn.**
Q. Please to look upon the prisoners, do you know any of them? A. I think I remember this man ("pointing to Killroy.)

Q. Was you in King-street the fifth of March last ? A. Yes, in the evening.

Q. Please to inform the Court and Jury what you saw there. A. I came up Royal-e.xchange-lane, and as I got to the head of it, I saw the sentry on the steps of the Custom-house, with his bayonet breast high, with a number of boys round him: -- I called to him, and said, I did not think any body was going to do him harm. I saw Capt. Preston and some soldiers come down.

Q. Which of the prisoners was the sentry ? A. I cannot tell, I was not so nigh him as to know his face.

Q. How many boys were there round him ? A. I think about twenty.

Q. How old were these boys ? A. About fourteen or fifteen years old, perhaps some of them older; I saw no men there except cue, who came up Royal-exchange-lane with me, thinking it was fire. He went back again.

Q. What did you take to be the reason that the sentry charged his bayonet ? A. I could not tell what the reason was ; there was nobody troubling him. I was at the corner of Royal-exchange-lane, and a young man went up to the sentry and spoke to him; what he said I do not know.

Q. Was you there at the time of the firing ? A. Yes, I went towards the sentry-box, there I saw Capt. Preston. I said to him, Sir, I hope you are not going to fire, 'for every body is going

page 14

to their own homes. He said, I hope they are. I saw no more of him. He immediately went in amongst the soldiers.

Q. What number of soldiers were there ? A. I think seven or eight, I did not count them.

Q. Did Capt. Preston lead or follow them down ? A. I think he was upon the right of them. As they came down they had their guns charged breast high. I saw Christopher Monk, who was wounded that night, 1 turned to speak to him, and directly they fired, and he seemed to faulter. I said, are you wounded; he said yes. I replied, I do not think it, for I then apprehended they fired only powder.

Q. Was it the first gun that you thought wounded Monk ? A. No.

Q. Did you see any of these prisoners there ? A. I think I saw Killroy, and that he was the man who struck me with his bayonet, when they came down before they formed.

Q. Did any body near you do any violence to him ? A. No, I saw none.

Q. Had you seen Monk that evening before? A. No, nor the day before.

Q. How near were you to the soldiers when they fired ? A. I was about ten or fifteen feet from them, I stood in the street just above Royal-exchange-lane, about six or seven feet from the gutter.

Q. Could you see the whole party ? A. Yes, they stood in a circle, or half moon.

Q. Did you take notice of the distance betwixt the first and second gun ? A. No.

Q. Was your back to them when the first gun was fired ? A. No, my face was to them.

Q. Where did the firing begin ? A. Towards the corner of Royal-exchange-lane, I think it was the man quite on the right.

Q. Did you know him? A. No.

Q. Did the man that struck you do it on purpose, or accidentally, do you think ? A. I think he did it on purpose, I apprehended it so; I was standing by the gutter, and he was before me.

Q. Said he any thing to you ? A. No, nor I to him : he came to form, and I was closer than I wished I was, and he struck me.

Q. How came you to speak to the sentry, and tell him not to be afraid? A. Because he was swinging his gun in that manner.

Q. Did you come up Royal-exchange-lane ? A. Yes. I saw Doctor Young there, and several others coming up to know where the fire was. Doctor Young said it was not fire, but that the soldiers had made a rumpus, but were gone to their barracks again. Then, said I, let every man go to his own home,

Q. Did you see any thing thrown at the soldiers ? A. No.

Q. Did you hear any body call them names ? A. No.

Q. Did you hear any threatening speeches ? A. No ; except that the people cried fire! fire ! -- the word fire, was in every body's mouth.

O. Just before the firing, when Killroy struck you, was there any thing thrown at the soldiers then ? A. I saw nothing.

Q. Was there a number of people betwixt you and the soldiers? A. Not many.

Q. Did you see Palmes talking with Capt. Preston ? A. No ; I saw the mulatto fellow there, and saw him fall.

Q. Did you see a party of people like sailors, coming down from Jackson's corner, with sticks ? A. No, I saw none.

Q. Where did you first see the mulatto ? A. He was just before me by the gutter.

Q. Did you see any people coming from Quaker-lane with sticks ? A. I saw several inhabitants coming through that lane, but I saw no

page 15

sticks.

Q- Were there any coming up Royal-exchange-lane ? A. Yes, numbers, but. I saw no sticks.

Q. When you first saw the mulatto, did you hear him say any thing to the soldiers, or strike at them ? A. No.

Q. Had he a stick or club ? A. I did not take notice.

Q. Did you hear any huzzas or cheers as they are called! A. I heard a clamour of the people, but I heard no cheers.

Q. Did yen hear them call the soldiers any names ? A. No.

Q. Did you hear any body say, kill them, damn them knock them over? A. No.

Q. Did you hear the whistling about the streets at that time ? A. No.

Q. Did you see any person strike with a club at the soldiers or any of them ? A. No.

Q. Did you see them attempt to strike their guns? A. No.

Q. Did you hear the rattling of the guns as though a stick had struck upon them? A. No. I heard the people around call fire.

Q. Did you take that to be the cry of fire, or bidding the soldiers fire ? A. I cannot tell now what I thought then.

Q. How many guns did you hear fired ? A. I think seven.

Q. Did the word fire proceed from the people or from the soldiers ? A. From the people.

Q. Was there a greater noise than usual, when the bells rang for fire ? A. I did not think there was so much. When I saw Dr. Young, he had a sword in his hand. When I came to King-street it was as quiet as I ever saw it in my life.

Q. Was the sword' naked or not? A. I cannot remember.

Q. What sort of a sword was it? A. I do not remember.

Q. What did Young say to you? A. He said it was the best way for every body to go home.

Q Did any body huzza for King-street? A. No. I said, every man home, and the word went round.

Q. Did not Dr Young say the soldiers were beat to their barracks ? A. No ; he said they had made a rumpus, and were gone to their barracks.

Q. Do you know if Dr. Young Went into King-street ? A. I cannot tell, I left him in the lane.

**// James Bailey -- sworn. //**
Q Did you see any of the prisoners in King-street on the evening of the fifth of March last ? A. Yes.

Q. Which of them? A. Carrol and Montgomery, and White who was the sentry there.

Q Did you see any of the rest? A. No, I do not remember to have seen any of the rest.

Q. Was you there before the party came down ? A. Yes

Q. In what part of the street did you stand? A. I was standing along with the sentrv on the Custom-house steps ; I saw a number of boys round the sentry.

Q. What number? A. Twenty or thirty.

Q. Were they all boys? A. Yes, none more than seventeen or eighteen years old.

Q. Did any thing pass between you and the sentry ? A. Yes. When i first went up to him, I said, what is the matter ? -- He said he did not know -- The boys were throwing pieces of ice at him, and after I went to him they threw no more ; I stood with him five or six minutes.

Q. Did you see the pieces of ice thrown? A. Yes

Q. What sort of pieces, were they small, or were they big enough to hurt a man? A. Yes, hard and large enough to hurt any man; as big as one's fist.

Q. Did he complain any thing about it? A. He said, very little to me, only that he was afraid, if the boys did

page 16

not disperse, there would be something very soon, he did not mention what.

Q. Did he tell them to disperse? A. No, he did not say a word to them.

Q. Did you see any of the pieces of ice hit him ? A. There was nothing' thrown after I went to him; if anything was thrown, it was before.

Q. How came you to go to him? A. I went up to him because I knew him, and to see what was the matter

Q. Did you hear him knock at the door? A. No.

Q. Did he call for any assistance? A. I did not hear him.

Q. Was you there at the time of firing ; please to recollect the circumstances? A. When the soldiers came down, Carrol came up to me and clapt his bayonet to my breast, and White said, do not hurt him.

Q. Was that before the soldiers had formed? A. Yes; immediately on their first corning down, I stood betwixt the corner of the Custom house and the post there, with my arm a top of the post.

Q. Did you hear the first gun fired ? A. Yes.

Q. From what quarter? A. From the right

Q. Do you know the man that fired that gun ? A. It was Montgomery, be was the very next person to me, close to me. When White told him not to hurt me, he took his hand and pushed me right behind him.

Q. Did that first shot kill or wound, any person ? A. I do not know.

Q. What space of time was it betwixt the first and second gun ? A. Half a minute, or less,

Q. Did. you see any ice or snow thrown betwixt the first and second gun? A. No.

Q. Did you hear any thing said? A. There was a noise among the inhabitants but I cannot say what they said.

Q. Did you see any thing thrown before the firing? A. Yes, Montgomery was.knocked down with a stick, and his gun flew out of his hand, and when he recovered himself he discharged his gun.

Q. Do you know where he stood at that time ? A. He was the very corner man, on tire right, close to me.

Q. Who stood next to him ? A. I do not know, but the man that stood the third from the right was Carrol, and I believe he was the next that fired.

Q. Did you observe any body strike Montgomery, or was a club thrown ? A. The stroke came from a stick or club that was in somebody's hand, and the blow struck his gun and his arm.

Q. Was he knocked down, or did the gun only: fly out of his hand? A. He fell I am sure

Q. What, with the blow on his arm ? A. His gun flew out of his hand, and as he stooped to take it up he fell himself; the blow struck his arm and might hit his bod)-, for any thing I know.

Q. Did you see the person that struck him j was he a tall man ? A. He was a stout man.

Q. Was any number of people standing near the man that struck his gun ? A. Yes. a whole crowd, fifty or sixty.

Q. When he took up his gun.and fired, which way did he present? A Towards, Stone's tavern,- I imagine he presented towards, the Mulatto.

Q. How far distant was he from Montgomery when he fell? A. About fifteen feet.

Q. Did you see any of the rest of the persons fall ? A. No, when Montgomery fired,.I stooped down, and when the smoke was gone, I saw three lying dead.

Q. Was the blow Montgomery received, upon the oath you have taken, violent? A. Yes, very violent.

Q. When you came to the Custom-house, and saw the boys throwing ice, where did they stand?

page 17

A. In the middle of King-street.

Q. Were they thrown as hard as they could throw them? A. I believe they threw them as hard as they could

Q. Was there at that time a good deal of ice in King-steet? A. Yes, considerable broken ice.

Q. Before the fining, after the party came down, did you see any snow balls, sticks or ice, thrown at the party? A. No.

Q. Did you hear anything said to the party ? A. I heard nothing to particular said to them. -- I heard the cry of fire.

Q. Did you hear any threats ? A. No, none at all.

Q. Do you remember your examination before the Justices? A. Yes.

Q. Do you remember your saying they were throwing sticks and cakes of ice, in the mob way? A. No, not at the soldiers.

Q. Did you hear any cheers? A. Yes, I heard two or three cheers.

Q. What time ? A. About two minutes before they fired.

Q. Did you hear any thing said to the purpose, knock them over! kill them! kill them!? A. No, I did not.

Q. What did the people seem to be doing? A. They stood front of them, and were shouting; but I saw no violence done, but to that one man.

Q. What did the people do immediately on the firing of the first gun ? A. I could not see because of the smoke.

Q. Did Montgomery say any thing upon the firing of his gun? A. Not a word : nor any of the soldiers.

Q. Did you see a number of persons coming up Royal-exchange-lane, with sticks? A. No, I saw a number going up Cornhill, and the Mulatto fellow headed them.

Q. Was this before the guard came down, or after? A. It was before the guard came down.

Q. How many might there be of the party? A. Betwixt twenty and thirty : they appeared to be sailors ; some had sticks, some had none. The Mulatto fellow had a large cord wood stick.

Q. Did they come down King-street afterwards ? A. I did not see them come down. I did not see the Mulatto afterwards, till I saw him dead.

Q. Which way was the Mulatto with his party going, when you saw them ? A. Right towards the Town pump.

Q. Which way did you go into King-street? A. I went up Royal-exchange-lane.

Q. How long before the firing, was it, you saw them in Cornhill? A. Six, seven, or eight minutes, I believe.

Q. Were the bells ringing then ? A. Yes

Q. What did the party with the Mulatto do or say? A. They were huzzaing, whistling and carrying their sticks upright over their heads.

Q. What number of sticks do you suppose might be in the whole? A. Seven or eight I suppose ; some of them whistling, some huzzaing and making a noise.

Q. Did you know their design ? A. I did not; when they went up Cornhill, I went up Royal-exchange-lane.

Q. Did you see any soldiers about that time in the street?: A. Yes, I saw a number at Murray's barracks, and some officers-driving them in.

**// Richard Palmes -- sworn. //**
Q. Do you know any of the prisoners ? A. I know Montgomery, I saw him in King-street with the party on the evening of the 5th of March last. I was with some gentlemen in company I heard the bells ring after 9 o'clock; I went into King-street, and I saw the sentry at the Custom-house door as usual, and nobody with him :

page 18

when I came to the Town-house, I was told the soldiers were abusing the inhabitants; I asked where, and was told at Murray's barracks. I went down there and saw four or five soldiers, with their guns and bayonets ; I told the officer who stood by, I was surprised they suffered the soldiers to be out at that time of night; an officer said, do you pretend to teach us our duty, sir I said no, only to remind you of it: You see, says he, the soldiers are in the barracks, why do not you go home ? I saw Mr. Hackling, he was my neighbour, he said he was going home ; we came up as far as the post-office, where he left me ; then I saw Mr Spear, he said he was going to his brother David's ; when I got to the town pump, I heard a noise, and was told there was a rumpus at the Custom-house ; I said, I will go down and make peace ; he said, you had better not go. I left-Mr Spear and went down, and saw Capt Preston at the head of seven or eight soldiers, with their guns, and bayonets fixed; I went to Capt. Preston, and saw Mr. Theodore Bliss talking with him, who said to Capt. Preston, "Why do you not fire? God damn you, fire." I stept betwixt them and asked Capt Preston if the soldiers were loaded; he said yes, with powder and ball: I said I hope sir, you are not going to fire upon the inhabitants; he said, by no means: That instant I saw a piece of ice strike Montgomery's gun; whether it sallied him back, or he stepped one foot back, I do not know, but he recovered himself and fired immediately. I thought he stepped back and fired; he was the next man to Capt. Preston, the only soldier that was betwixt the Captain and the Custom-house. When he fired, I heard the word fire, who gave it I do not know. Six or eight seconds after that, another soldier on the Captain's right fired, and then the rest, one after another, pretty quick ; there was an interval of two or three seconds between the last gun but one and the last.

Q. How many guns were fired? A. I do hot know certain, seven or eight I believe, I did not count them. Before the last gun was fired, Montgomery made a push at me with his bayonet; I had a stick in my hand, as I generally walk with one ; I struck him and hit his left arm, and knocked his gun down ; before he recovered, I aimed-another stroke at the nearest to me, and hit Capt. Preston ; I then turned and saw Montgomery pushing at me again, and would have pushed me through, but I threw my stick in his face, and the third time he ran after me to push at me again, but fell down, and I had an opportunity to run down Royal-exchange-lane.

Q. Did you take notice of the situation of the soldiers ? A. I saw the form they were in, they were formed in a half circle.

Q. Which way did Montgomery front? A. He fronted the watch-house.

Q. Did you stand in a range with the watch-house and the corner of the Custom-house? A. Yes.

Q. Are you certain that Montgomery was struck and sallied back before he fired? A. Yes.

Q. Do you know whether it was with a piece of ice or a club? A. No

Q. Do you know whether it hit his body, or his gun, or both? A. It struck both, I suppose.

Q. Did you see any other violence offered, except that which struck Montgomery, and the blows you aimed and gave ? A. No, no other.

Q. Are you sure Montgomery did not fall just before he discharged

page 19

his gun ? A. Yes.

Q. Upon the firing the first gun did the people seem to retire? A. Yes, they all began to run, and when the rest were firing they were a running.

Q. Did you see any of the deceased fall? A. No, I did not, but afterwards I saw Gray and Attucks lying.

Q. Did you see all the rest of the soldiers discharge their pieces ? A. I saw the smoke, and it appeared to me at that time they all fired.

Q. When the last gun was fired, where were the people ? A. They were running promiscuously about every where.


 * //Court//**. Call James Bailey again.

Q. Have you heard Mr. Palmes' testimony? A. Yes.

Q. Are you satisfied, notwithstanding what Mr. Palmes says, that Montgomery was knocked down by a blow given him immediately before he fired? A. Yes, I am.

Q. Did you see any of the prisoners at the Ropewalks in the affray there, a few days before the 5th of March? A. Yes, I saw Carrol, one of the prisoners, there with other soldiers in that affray.

//**John Danbrooke -- sworn.**//
Q. Do you know any of the prisoners? A. Yes, the two furthest men, Hartegan and Carrol.

Q. Did you see them in King-street the 5th of March? A. Yes.

Q. What time did you come into King-street? A. About a quarter after nine, after the party were come down.

Q. Were these two men of the party? A. Yes.

Q. Was you there at the time of the firing ? A. Yes.

Q. Did you see any of the party discharge their muskets ? A. Yes, Montgomery.

Q. Did you know him before? A. No.

Q. Did you see any body strike him with a stick, or a stick thrown at him? A. No.

Q. Whereabouts did you stand ? A. About ten or twelve feet from Capt. Preston; I saw a little stick fly over their heads, but I did not perceive it struck any of them.

Q. How large was it? A. I took it to be apiece of a rattan.

Q. Did you see any thing at all hit the soldiers ? A. No, I did not.

Q. Was you looking at Montgomery when he discharged his piece ? A. Yes.

Q. Did you see any body fall upon his firing ? A. Yes, I saw two fall, one fell at my elbow, another about three feet from me. I did not hear the sound of another gun before they both fell.

Q. Were they standing before Montgomery ? A. Yes, about twelve or fifteen feet from him, and about five feet apart, one was a mulatto, the other I did not know.

Q. Do you think one gun killed both these men ? A. Yes, for I heard no other gun when they fell.

Q. Are you certain the other person was killed? A. Yes.

Q. Did you hear any other gun before that man fell? A. No.

Q. Did the Mulatto say any thing before the gun went off? . A. I heard him say nothing. The Mulatto was "leaning over a long stick he had, resting his breast upon it.

Q. Was you in Dock square before the firing? A. Yes.

Q. How many people did you see there ? A. I saw about twenty or thirty gathered up by the Town pump in the market, some with clubs ; they went up Cornhill, most of them drest in sailors' clothes.

Q. Did you then know where they were going? A. They said, let us go up to the Town-house. The bells were ringing at that time.

Q. Had they in general clubs?

page 20

A. The biggest part of them had clubs.

Q. Did you see any of them afterwards in King-street? A. No, not that I knew.

Q. Did you see a tall man at the head of them? A. No? I took notice of none in particular.

Q. Did you hear a huzzaing before the firing, or see any thing thrown except that stick you mentioned? A. No.

Q. Had these persons when they were in Dock square any clubs? A. About half of them had sticks; there were between twenty and thirty of them.

Q. Did they hold them up over their heads ? A. Some did and some did not.

Q. Did you see any body with a sword, at the bottom of Royal-exchange-lane ? A. No, I did not.

Q. Did you see any soldiers there about that time? A. No.

Q, What do you mean by clubs ? A. They were cord wood sticks broken up.

Q. Did any of them appear to be large ? A. They were about as thick as one's wrist.

//**Jedediah Bass --sworn.**//
I came up Royal-exchange lane, and the first I saw was Montgomery. I saw him pushing his bayonet.

Q. Did you know Montgomery then ? A. Yes: I drew back about five feet, and I saw his gun go off.

Q. Where did Montgomery stand? A. At the corner of Roval-exchange lane, the right hand man of the party.

Q. Who did he push at ? A. I cannot tell.

Q. How long after that before his gun went off ? A. About a minute.

Q. Had any thing happened betwixt that and the firing? A. I saw a stick knock up his gun.

Q. Do you know who it was knocked it up? A. No.

Q. How near did you stand to him ? A. About five feet off, within Royal-Exchange-lane.

Q. Did that stick knock up his gun before he fired? A. Yes.

Q. Did he bring it down before he fired? A. He brought it down to the place where it was before, and thenhe fired.

Q. Was you looking at him all the time before he fired ? A. Yes.

Q. Are you certain he did not fall before he fired? A. Yes.

Q. Are you sure if he had fallen, you must have seen him? A. Yes, from my situation I think I must have seen him.

Q. What sort of a stick was it his gun was knocked up with? A. It looked like a walking stick.

Q. Did you see him fall after he fired ? A. Yes.

Q. What occasioned his fall? A. I cannot tell

Q. Did you see any body strike him, or at him ? A. No.

Q. Did his gun fall out of his hand ? A. I think it did.

Q. Are you sure that was before, or after the firing? A. After his firing

Q. How near were the people to him at the time of his firing? A. Seven or eight feet off.

Q. Did you see any other of the prisoners there that night? A. Not to my knowledge.

Q. Did you stay till all the guns were fired? A. Yes,

Q. How many were fired? A. Six, I think, bull did not count them.

Q. At the place where you stood, could you see all the soldiers? A. No, only two, they stood in a circular form.

Q. After the first gun was fired, did not the people begin to run down the lane? A. Yes.

Q. Did you hear any words spoke by the party of soldiers, or any of them? A. No.

Q. How long did you continue there ? A. About five minutes, not longer: until all the guns were fired.

Q. Did you come from Dock-square up to King-street? A. Yes.

Q. Did you see any people there ? A. I saw about twenty.

Q. What were they

page 21

doing? A. They were talking about going home.

Q. Were the bells ringing? A. Yes.

Q. Did they mention any thing why the bells were ringing ? A. They said first it was fire, and then that the soldiers were out.

Q. Did you hear any cheers given in King-street? A. I think I did before they fired.

Q. How many? A. Two I think.

Q. Who gave them ? A. The town's people.

Q. How long before the firing ? A. About two minutes before the firing.

Q. How were the people dressed Dock-square ? A. Some in sailor's clothes, some in surtouts.

Q. Had they sticks.' A. Some had, some had not.

Q Did you hear them mention going to the Town-house A. No

//**Thomas Wilkinson -- sworn.**//
Q. Do you know either of the prisoners ? A. Yes, I know Montgomery, he used to live close by my house; I know none of the rest I was at home the whole evening, the Old South bell rung for nine as usual: about a quarter after, I heard Mr. Coopers's bell ring, I went out and saw the Old South engine hauled out. I ran down as far as the town-pump, there seemed to be a considerable body of people, and some with buckets. The people out of the chamber windows, said, do not go down there, you will be killed. I saw ten or twelve soldiers with naked cutlasses by Boylston's alley. I saw them with their cutlasses and bayonets drawing up towards the people. I went back, and stopped at the Main-Guard.

Q. Were there a number of the town's people there at that time ? A. Yes, and many with buckets in their hands.

Q. Were they contending with any body ? A. No, they were standing in the street.

Q. What were the soldiers doing ? A. They were brandishing their swords and sallying up to the people, but I did not tarry there one minute.

Q. What number of people were there? A. Thirty or forty.

Q. Had the persons the soldiers came up to, anything in their hands? A. No, they had nothing but buckets. I took it they were brandishing their swords at the people, but I saw them strike nobody. I went to the Main Guard, I saw the Senteries before the Guard-house, walking as usual. I staid on purpose to see somebody come back from Boylston's alley, to know if any were wounded -- People were coming down from the South end, crying where is the fire? Where is the fire? I said there is no fire, but the soldiers fighting. At that time, in King-street, I do not think you could see a man, child, or boy passing. I stood there at the Main Guard about four minutes. The Old Brick bell began to ring, and the people seemed to come along fast, with buckets and bags.

Q. Did Mr. Cooper's bell ring before? A. Yes, a good while.

Q. Could you see the Sentry at the Custom House where you stood? A. No. I staid there about five minutes, and in a very short time I looked down King-street, and saw thirty or forty people in King-street; Capt, Preston came down to the Main Guard, as it were from behind the Brick meeting, and said turn out, damn your bloods, turn out: A party of soldiers turned out, Montgomery was amongst them ; I was going to Montgomery, to ask what they were going to do? -- They drew up in two files, I think there were eight men, Capt. Preston drew his sword, and marched down with them, and I went

page 22

down as far as Mr. Waldo's shop with them, I thought they were going to relieve guard. After that, I went up by the Main Guard again, having left the soldiers on their march down from Waldo's shop, and passed round the Town-House, came down the north side of it, and went down King-street, and got within two yards of the right of them; I saw Capt. Preston standing at the right of the circle, I staid there about four minutes, when I heard the word given, fire! -- There was none fired then. Then I heard, damn your bloods, fire! Instantly one gun went off, I saw the flash of every gun as they went off, one after another, like the clock striking.

Q. Where did the firing begin ? A. It began at the right.

Q. Did you see Montgomery after he got down there? A. No.

Q. Where did you stand when the gum were fired? A. I stood about two yards to the right, in Royal-Exchange lane, and towards the back of the soldiers; I am positive the firing began at the right and went on to the left. I counted the guns.

Q. How many were fired? A. Seven fired, and one flashed.

Q. Was there a longer distance betwixt the first and second gun than betwixt the rest? A. No more than the rest, I think

Q. Did you see any man fall ? A. I did not -- There was a large opening at the centre, but on the right and left wings the crowd was close and thick.

Q. Could you see all the soldiers? A. No, I could not, there were many people between me and the soldiers.

Q. Did you see the person who held the gun that flashed? A. Yes, but I did not know him.

Q. Whereabouts was he standing ? A. I believe, by the flash, he was the third or fourth man from the right

Q. Did you see any thing thrown at any of them before the firing? A. No, I stood all the time they were there, and saw nothing thrown at all.

Q. Did you see anybody knocked down ? A. No.

Q. You saw no ice nor snow balls ? A. No, I did not.

Q. Did the people round you seem to be pressing on so as to injure the soldiers? A. No ; had I seen any tiling thrown, I would have gone away.

Q. Did you see any blows given by any body, before or after the firing? A. No, I did not

Q. Do you know Mr Palmes ? A. No, I saw a man talking with the officer

Q. Do you know Mr. Bliss? A. No.

Q. Did you hear any huzzaing ? A. Yes, before the party marched down, there were two or three huzzas, but afterwards none at all.

Q. How many people do you imagine were there? A. Sixty or seventy.

Q. From the time they went from the Main Guard, till the firing, how long was it? A. It was not more than ten or twelve minutes.

//**Josiah Simpson -- sworn**//
Q, Do you know either of the prisoners ? A. Yes, White.

Q. So you know either of the rest > A. Yes, Wemms.

Q. Do you know any other? A. Yes, Warren and Hartegan, I saw them there that night under arms. On Monday evening, 5th of March, I was at work near Hancock's wharf, hearing a bell ring it caused me to leave the shop to make inquiry what the matter was; I heard the soldiers had rose on the inhabitants, and I got as far as Fanueil-Hall. I saw several gentlemen, I asked them what the matter was, they answered me, that two young men had been abused by the soldiers, but

page 23

that they had returned to their barracks. The bells still ringing: made me proceed up Royal-Exchange lane with a number of other persons: I outrun them and came to the head of the lane, there being- no person there but a soldier who was the Sentry, the other inhabitants coming up, they cried out there is a soldier and huzzaed. The soldier immediately repaired to the Custom House door, he was at the west corner of the house before ; there, with a large brass knocker, gave three loud and remarkable strokes.

Q. What number of persons were there came up immediately after you? A. Five or six. Somebody came to the door and opened it, and spoke to the Sentry, and then shut the door again.

Q. What was said to him ? A. I did not hear. The soldier then turned about and loaded his gun, and knocked it twice very loud on the steps ; then he went to the west corner of the house where he had been before, the people gathered round him ; I went with him, and I cast my eye up King-street, and saw an officer and seven men, they came to the west corner of the Custom House.

Q. Was any thing done to molest them then ? A. No, nothing at all. The officer then cried shoulder.

Q. Do you know who that officer was ? A. I have seen him in the Court.

Q. How many soldiers were with him ? A. Seven.

Q. How did they stand then ? A. They stood in a circle. The officer then said, handle your arms, ease your arms, secure your arms, support your arms, ease your arms,'p"rime and load,

Q. Are you certain he said all that? A. I am as certain, as I am of my own existence.

Q. Where did Capt. Preston stand then ? A. He stood a little behind the soldiers towards the Custom House. There were about fifteen or twenty inhabitants in the street, when the party came down.

Q. Were the soldiers formed before they loaded? A. They were not really formed: they were in a kind of a circle, after they had loaded they formed more into a circle than they were before.

Q. Did you know Capt. Preston before that? A. I did not.

Q. Was you there when the guns fired? A. I went up to the officer, and said for God's sake do not fire on these people -- he made me no answer at all.

Q. Where was he then? A. He was standing behind the soldiers.

Q. Was you behind the soldiers ? A. No, a little before them, at the edge of the gutter.

Q. Did you see any person with him? A. No, none at all. I pushed through betwixt two of the men, and spoke to him that way, he had on a red coat and laced hat. I saw no more of him. I went to some of the inhabitants, and said, do not trouble these men, they are on duty. Some said, we will neither trouble them nor be drove off by them.

Q. Did you hear any orders given for firing ? A. I heard, damn you fire : it seem'd to me as if it came from the sentry-box, where I left the Captain. I was then by Vernon the barber's shop; I had passed across the street. I saw a man going to throw a club, I begged of him not to do it, for l said it he did, the soldiers would certainly fire : he said he would not, and did not. I then saw a white club thrown at some distance from me towards the soldiers ; immediately I heard the word //present!// I stooped down, a little space of-time ensued, I heard damn you fire: two guns were discharged then, as I judged.

Q. Did

page 24

that club hit any body ? A. I believe it hit one of the soldiers' guns, I heard it strike.

Q. Was that before the firing, or after? A. Before the firing.

Q. How near to the soldiers was the person that threw the club? A. About ten yards off. Three or four more guns were then discharged, which killed Attucks and Gray, I heard and saw them fall; then two more were discharged, one of them killed Mr. Caldwell, who was about ten feet distance from me, the other struck about five inches over my back.

Q. What space of time was there betwixt the second gun and the third? A. I took it to be about ' ,vo or three seconds. Another gun was then fired, which wounded Mr. Patterson in the arm.

Q. How long after the club was thrown was it before the first gun was fired? A. Not above one or two seconds.

Q. What sort of a stick was it that was thrown ? A. I took it to be a white birch cordwood stick, an inch thick.

Q. What sort of a man, for height, was he that threw it ? A. He might be about five feet and an half.

Q. How do you know what number of guns were fired together? A. I judged by the report: I saw the flashes.

Q. Did you see any of the persons that were killed, that evening before they were killed? A. No.

Q. Upon the oath you have taken, did that man throw the stick with considerable violence or not? A. He threw it considerably hard, he threw it over hand.

Q. Were any people standing betwixt the soldiers and the man that threw that stick? A. Yes, some, but not many.--

Q. Did the people make a great deal of noise and huzzaing ? A. Yes, considerable.

Q. Did you hear them say to the soldiers, bloody backs, come on you bloody backs ? A. No, I beard no such thing; but when the two first guns were discharged, some one cried murder, and by the voice I think it was Maverick. These guns killed nobody, unless Maverick was then shot.

//**Nathaniel Fosdick -- sworn**//
Q. Did vou see any of the prisoners the 5th March? A. Not so as to know them again. That evening, at the cry of fire, I came out of my house, and saw the people running down town, and I followed them; when I got by the Town-house, I saw some going down King-street, I went down also : at the Guard-house, I saw a number of the soldiers running; I asked where was the fire, nobody answered me. I went down to the middle of King-street, and while I stood there, was pushed from behind me with a bayonet. I turned round and saw a party of soldiers coming down, I asked one the reason of his pushing at me ; he damned my blood, and bid me stand out of their way, I said 1 would not, I was doing harm to no man, and would not stand aside for any one: they passed me some on one side, some on the other. They came to the sentry-box, faced round and formed a circle. I spoke to some of the inhabitants to speak to Preston, to know what the matter was ; somebody spoke to him, but what was said, I do net know. I saw Preston fall betwixt the fourth and fifth man, the word was given fire ! immediately the right hand man fired ; after that I pushed in towards them, and they run a bayonet at me and wounded me in my arm.

Q. Who was it struck you ? A. The second man, the

page 25

first gun was then fired, the second was not ; the guns went off pretty quick.

Q. Was it the same soldier that struck you, pushed you in the arm ? A. No. I was pushed twice in the arm by two different bayonets ; I knocked off one of them with my stick, with the other I was wounded in my breast, the wound an inch long, through a double-breasted jacket.

Q. Were no blows given before the guns were fired ? A. No, not where I stood, and I saw two thirds of the soldiers.

Q. What was the occasion of your rushing in upon them after the first gun was fired ? A. All my end was to know who they were.

Q. Did you wonder what was the occasion of their firing? A. Yes, I did not know what their intention was.

Q. Did you see any insults offered the soldiers? A. No, none at all, 1 saw the right hand grenadier fall.

Q. Was it before or after he had fired ? A. It was after. He fell on his backside.

Q. Did you see any of the people that were killed ? A. Yes, I saw the" Mulatto, and crossed to Quaker lane and there stepped over two more.

Q. Where did the Mulatto man lay ? A. By the gutter on the south side of it.

Q. Did vou see any of them before they were killed; A. Not as I know of.

Q. What do you think was the occasion of the grenadier's falling ? A. It was occasioned by his pushing at somebody that went in at Royal-exchange lane.

//**Samuel Hemmingway -- sworn**//
Q. Do you know any of the prisoners ? A. Yes, several, there is Killroy I know particularly well.

Q. Did you ever hear Killroy make use of any threatening expressions against the inhabitants of this town ? A. Yes, one evening I heard him say, he never would miss an opportunity, when he had one, to fire on the inhabitants, and that he had wanted to have an opportunity ever since he landed.

Q. How long was that before the 5th March? A. A week or fortnight, I cannot say which

Q. Did you ever hear any of the rest threaten any thing ? A. No.

Q. Who was present when this conversation passed? A. Mrs. Bouker, Mr. Apthrop's house keeper.

Q. Was any body else present ? A. Only the neg'ro boy.

Q. What gave occasion for this ? A. He and I were talking about the town's people and the soldiers.

Q. Did he say it with any resentment? A. No other ways than he would not miss an opportunity.

Q. Do you rememb'er what conversation immediately preceded that ? A. No.

Q. Was he in anger ? A. No.

Q. Was Killroy in liquor or not? A. No.

Q. Had there any angry words passed betwixt him and you at that time? A. No, none at all.

Q. Was it in jocular talk? A. I do not know. I said he was a fool for talking so•he said he did not care.

Q. Had Killroy said that evening, that he had been at the rope-walks, A. No, he said nothing about the rope-walks.

Q. Was this conversation before or after the affray at the rope-walks ? A. I cannot say.

//**Joseph Hiller -- sworn.**//
Q. Do you know any of the prisoners ? A. I do not.

Q. Was you in King-street at the time of the firing on the evening of the 5th March ? A. Yes.

Q. What did you observe ?

page 26

A. I came there about fifteen minutes before the soldiers came, I staid there till they came down, and remained there till the firing was over.

Q. Narrate what happened in relation to the sentry. A. I was at the north end of the town when the bells rung; when I came to the middle of the town I was told there was no fire but a rumpus betwixt the soldiers and the inhabitants. I passed on, the bells; stall kept ringing, I came to dock-square and was informed much to the same purpose ; there were some persons there, who told me it was dangerous to go up, they seemed to be like people that were afraid to pass, because of the danger; others were going up; I went up, when I got past the alley the street was very clear of people, I hardly saw any body. I came to the Town-house, and saw a few lads, but no great number, I have often seen more collected for their diversion.

Q. How many people were there? A. From twenty to thirty. I saw the sentry upon the steps of the Custom-house door, but I heard him say nothing, but he had his gun waving as if it was to defend himself, or to exasperate the people. I thought to speak to him, but I thought he might insult me, and therefore I declined; I went in order to go away, and met the party coming down; that made me stop, because when they got to the Custom-house there was a noise something like what they call cheers, and the people went more to the middle of the street; after the soldiers had passed through them, I went down again; as I passed before them, there were very few people; I passed without the people, and inclined more to the Custom-house, the greater part of the soldiers were full to my view; the people that were there, were collected in a body at the end of Royal-exchange lane, they did not go so high as Mr. Stone's house.

Q. Where did you stand? A. I was walking right before them! They had their guns rested on their hips; when I passed the last man on the left, the first gun was fired from the right; as I judged the time might be twenty seconds before the first gun was fired from the time they formed, in a short space there was another, and then very soon another, and then there was a short space of time again, before the last guns were fired. A little boy ran along and cried fire! fire! fire! as people generally do when there is fire, a soldier pointed his gun to him and fired, but did not hit him, he was the last but one on the left.

Q. Did the people appear to be passing off after the first gun? A. I did not mind the first gun, I thought it was only powder to scare them ; but when the next was fired, they were a scattering. After the firing ceased, a little boy came and told us some persons were killed. I saw them lie in the street, but I did not imagine it was anybody killed, but that they had been scared and run away, and left their great coat's behind them : I saw nothing like an attack that could produce any such consequences: I went to look at the Mulatto man, and heard a noise like the cocking of firelocks, but an officer passed before them and said, do not fire on the inhabitants. The street was in a manner clear, it was as hush as at twelve o'clock at night, the noise of the cocking seemed to come from the right, and passed on to the left.

Q. How many guns were fired? A. Six was the least,

page 27

and one missed fire.

Q. Did the last man on the left fire or not? A. He did not fire, his gun seemed to miss fire, and he brought it down in a priming posture, and a man like an officer stepped up to him and spoke to him.

Q. Did you see them load betwixt the firing and this noise you speak of, like the cocking of firelocks? A. I did not see them load, for I did not leave my station.

Q. How many soldiers were there? A. Six or eight.

Q. Did you see any blows given, or any thing thrown? A. No, and I was there the whole time.

Q. Did you see Palmes there, or Bliss? A. No.

Q. Did you see anybody strike the soldiers' guns ? A. No.

Q. Did you hear any huzzaing when the soldiers came down? A. There seemed to be a huzza, but when I went down and passed them they were very still, only talking together, but I heard nothing they said : the shouting was when they first went down, and it was not two minutes till they fired.

//**Nicholas Ferreter -- sworn.**//
Q. Do you know any of the prisoners? A. Yes, I know Warren and Killroy.

Q. Did you ever see them at the rope-walks? A. Yes, they were both at the rope-walks.

Q. How long before the 5th March? A. On the Friday before.

Q. Did you ever hear them make use of any expressions of mischief towards the inhabitants? A. No, on Friday Mr. John Gray told me to go to his rope-walk to make some cables; I went and worked till about twelve, and then I saw a soldier coming down the outside rope-walk, swearing, and saying he would have satisfaction. Before this there was one of our hands while I was coiling a cable, said to a soldier do you want work, yes, says the soldier I do, faith; well, said he, to the soldier, go clean my little-house, he damned us and made a blow at, and struck me, when I knocked up his heels, his coat flew open and out dropt a naked cutlass, which I took up and carried off with me. He went away, and came back with a dozen soldiers with him: the people that were attacked called to us for help. When they called to us, we came up; then we had several knacks amongst us, at last they went off. They all got armed with clubs, and in the afternoon they were coming again, but Mr. John Gray stopped them.

Q. When they came the second time, was Killroy with them? A. Yes.

Q. What did they do the second time? A. We had a battle and they went to their barracks. On the 5th March I went to Quaker lane, and met Samuel Gray; I said, where are you going, he said to the fire. I went into King-street, and saw nobody there, the Sentry was walking as usual. We agreed to go home. I went towards home, and stopped at the bottom of Long lane, and while I was there, I heard guns go off. 1 went to King-street, and was told several were killed, I then went home. Samuel Gray, when I saw him that night, was quite calm and had no stick.

//**Benjamin Burdick -- sworn.**//
Q. Did you see any of these prisoners in King-street the night of the 5th of March? A. Not that I can swear to as they are dressed. I can recollect something of their faces, but cannot swear to them. When I came to King-street, I went immediately up to one of the

page 28

soldiers, which I take to be that man who is bald on the head (pointing to Montgomery) I asked Mm if any of the soldiers were loaded, he said, yes. 1 asked him if they were going to fire, he said, yes, by the eternal God, and pushed at me with his bayonet which I put by with what was in my hand.

Q. What was it ? A. A Highland broad sword.

Q. What occasion had you to carry it? A. A young man that boarded with me, and was at the rope-walks, told me several of them had a spite at him, and that he believed he was in danger. I had seen two soldiers about my house, I saw one of them harkening at the window, I saw him again near the house, and asked him what he was after; he said he was pumping ship: Was it not you, says I, that was harkening at my window last night? What if it was, he said, I told him to march off, and he damned me, and I beat him till he had enough of it, and he then went off. The reason of carrying the sword was, they spied the young man in the lane, and dogged him, for he had been very active in the affray at the Rope-walks, and they said they would sometime or other have satisfaction, and I looked upon myself to be liable to be insulted likewise. When alarmed by the cry of fire, and I had got below the house, my wife called after me, and said it is not fire, it is an affray in King-street, if you are going take this, so I took it, and ran down, and I asked the soldier what I just now told you. I knocked the bayonet with what I had in my hand, another pushed at me, I struck his gun; my face was now towards the soldiers. I heard the first gun go off, and then the second gun went off. As I was looking to see if anybody was killed, I saw the tall man standing in a line with me. I saw him fall.

Q. Whereabouts was you when you hit the gun ? A. Nigh the gutter, about the middle of the party.

Q. How long had the bells been ringing before you came from home? A. I thought it was 9 o'clock, and did not think any thing else, till somebody cried fire.

Q. Did you strike before the firing? A Yes.

Q. Did you strike as hard as you could? A. Yes, and hit the lock of his gun, and if I had struck a little lower, I should have left a mark that I could have sworn to.

Q. Was the sword in your hand drawn ? A. I drew it when the soldier pushed at me, and struck at him as I have mentioned.

Q. Which gun went off first? A. I took it to be the right hand man.

Q. Where did that soldier you struck at stand ? A. I believe the fourth or fifth man from the corner of Exchange-lane.

Q. How many soldiers were there? A. I did not count them, it appeared to me there were six or eight.

Q. The man that said he would fire by the eternal God, where did he stand? A. He was about the middle.

Q. Was you there when the first gun was fired? A. Yes.

Q. What was the immediate occasion of that? A. I do not know, I had only walked over from Quaker-lane till I came to the soldiers, that was all the time I had.

Q. Did you see any tiling extraordinary, to induce them to fire that gun? A. Nothing but a short stick was thrown,which seemed to go clear over all their heads. I heard a clattering of their guns, but what was the occasion of it I do not know.

Q. Might not their iron ramrods occasion it? A. No, I suppose they knocked one gun against another in taking their places. When

page 29

the Mulatto man was dead, I went up and met Dr. Gardner and Mr. Brindley. I asked them to come and see the Mulatto, and as we stooped to take up the man, the soldiers presented their arms again, as if they had been going' to fire, Capt. Preston came, pushed up their guns, and said stop, firing, do not fire. I went to them to see if I could know their faces again; Capt. Preston looked out betwixt two of them, and spoke to me, which took off my attention from them.

Q. From where was that stick thrown? A. From Royal-exchange lane, and it flew over their heads almost as high as the sign.

Q. What did you take to be the occasion of the soldier's answer to you? A. I do not know, without he was affronted at my asking the question of him.

Q. Did you see anybody strike the soldiers before you struck with the sword? A. No, I had not time.

Q. What distance of time was there betwixt the first and second gun? A. A very short space, I cannot say exactly.

//**Robert Williams -- sworn.**//
Coming from Cornhill I went down to Dock square, I saw a number of people together; I heard there had been an affray by Murray's barrack. Somebody said, you had better all go home; some went to the North end, some up Royal-exchange lane, I came up to Cornhill: when I got to the Town-pump I heard the main guard had drawn a party off and gone to the Custom house, I ran down the north side of the Town-house, and saw a number of people, twenty or thirty, collected. I tried to press into the midst of them to know what they were about; I could not get in; I therefore stepped over the gutter, and saw the soldiers, seven or eight of them, by the sentry box. Some of the people were leaning on their sticks, some of them with their hands in their bosoms, and some were whistling. Numbers were crowding to get in as I was. I had my eye on the right hand man. Somebody said, do not press on the soldiers: I repeated the same words, do not press on the soldiers : when I said that, 1 saw something like a flash at my left, and heard the report of a gun, and the people opened from right to left; but I could not see where the gun was fired from; it made a noise like a pistol, and I imagined it was nothing but powder. As the people crowded to the lane, it took the view of the right hand soldiers from me, but I had a view of the left. I heard another gun go off, and saw a man fall.

Q. Where was the man when he fell? A. He was about a foot over the south side of the gutter.

Q. Was he nearer to the right than to the left of the soldier? A. They fired in a triangular manner.

Q. How near did they stand together? A. The width of a man asunder. I dropped on my knees, and saw the third gun g-o off, and then I saw a man who seemed to come upon his heel, and wind round a little, and then fall on his back. The people were moving off, and the guns seemed to move as the people run. The fourth gun went off quickly after.

Q. Was the second gun fired from the first right hand man ? A. The flash seemed to come from the second man from the right.

Q. Did the huzzaing increase, and a general pressing in

page 30

upon the first gun being fired? A. No.

Q. Was there many sticks? A. I saw but a few.

Q. Was there any sticks thrown? A. No, I saw two or three snow balls, which seemed to come from a distance.

Q. Did the people stand close in with the soldiers' bayonets? A. No, they appeared to be two feet from the bayonets.

Q. Did you hear a noise like striking- on the barrels of the guns? A. I did not.

Q. Did you hear a cry of the people, kill them, knock them, over? A. No, I was not there above a minute, I saw no blows given by any body; just before the firing there was a huzzaing and whistling.

//**Bartholomew Kneeland**//
Q. Where did you live the 5th March ? A. With my sister Mrs. Torrey, by the Town pump. I heard the bells ring after nine, and went to the front door, I was followed by my sister and two others of the family; I stood there about five minutes, and saw a number of soldiers, about ten or a dozen, come towards the pump, they seemed to make a noise, one of them got nearly opposite to me, and hallowed, damn you, what do you do there? I made him no answer, he came up to me, and pointed his naked bayonet at my breast, and held it there some time, and told me to get in, I told him to go along; he went towards the Post-office.

Q. Do you know what regiment he belonged to? A. To the twenty-ninth.

Q. Did he bid you get in when he asked you what you did there? A. Yes. In a little while 1 heard a volley of small arms, which I took to be in King-street.

//**Nathaniel Thayer**//
On the evening of the 5th March I heard a very great noise, my wife said you had better go to the door and see what the matter is; I went, and saw about twenty people I believe, coming through Boylston's Alley, there was a terrible swearing, and they had clubs and swords and one thing and another; there came seven soldiers from the Main Guard without any coats on; driving along, swearing, cursing and damning like wild creatures, saying where are they? Cut them to pieces, slay them all. They came up to my door, I shut my door and went in, they went round the back lane to King-street: -- this was after nine, before any guns were fired.

Q. Do you know if any of these prisoners were there? A. No, I cannot fix on any man.

Q. Had they any of them pouches on? A. I cannot say for the pouches; but they had no coats. Those people below at the alley, cried fire ! which I took to be a watch word.

Q. Were those you saw before, soldiers or town's people? A. They came from the barracks, and they were both soldiers and town's people.

Q. How long were they there ? A. Not two minutes, they went down towards the Market, and came up to King-street, by the back lane.

//**Nathaniel Appleton**//
On the evening of the 5th March, a little after nine, I was sitting in my house, I heard a considerable noise in the street, I listened a little, and found it continued, I went to the door, I found the chief of the noise was at the bottom of the street, I inquired the reason, I was told the soldiers and inhabitants were fighting; I waited at

page 31

the door a minute or two, people were running down in two's and three's at a time, at length the noise subsided, and seemed to be down by Dock-square; I heard the bells ring and heard the cry of fire I asked where it was? I was answered there was none, but the inhabitants and soldiers fighting. Deacon Marsh came out, and there came a party of soldiers from the southward, ten or twelve I think they had short clothes. I think, I saw some white sleeves amongst them with bayonets in their hands, but I apprehended no danger from them ; I stood on the step of the door, they appeared to be pushing right down the street, when they got a few rods from the door, their course began to bend towards us, still I apprehended nothing but that they were coming to walk on the side of the way, then they lifted up their weapons, and I began to apprehend danger, they said some thing, I do not know what it was, but I went in as fast as I could, and shut the door immediately. They were within half a foot of it, had it been-open a second longer they would have had the command of the door, but I was too quick for them and bolted my door, went up chamber, looked out of the window, and saw people flying-here and there like pidgeons, and the soldiers running about like mad men in a fury, till they got to the bottom of the street.

//**John Appleton**//
About nine I was sent on an errand into King-street. I had my brother with me, I heard a noise, i run out of the shop where I was to see what was the matter. I went into the middle of the street, and saw some talking to the Sentry, I thought they were going to quarrel, and came away. Coming to Jenkins' Alley, my brother with me, there came out about twenty soldiers with cutlasses in their hands, my brother fell and they run past him, and were going to kill me, I said, soldiers, spare my life, one of them said no damn you, we will kill you all; he lifted his cutlass and struck at my head, but I dodged and got the blow on my shoulder.

Q. Was the cutlass drawn ? A. I believe it was not, for it rattled on my shoulder as if it had been sheathed.

//**Lieut. Col. Thomas Marshall**//
I was at Colonel Jackson's a few minutes after nine on the 5th of March. When I came out into Dock-square, all was quiet, I saw no persons in the whole square. I came up Royal-exchange lane. I saw nobody there. I saw the Sentry at the head of it in peace and quietness, nobody troubling. I never saw King-street more quiet in my life. I went into my house, where was a kinsman of mine; I asked him how he did, and while I was speaking the young man in the shop knocked for me, I went into the shop, and in half a minute, I heard the cry of murder once or twice ; there is mischief, said I, at a distance, so there is, said he ; I opened the front door to see, I saw nobody. I heard a noise, which seemed to come from Rowe's barracks. I stopped a little space, and the first I saw enter King-street, was a party from the Main Guard, ten or twelve came rushing out violently, 1 saw their arms glitter by the moon light, hallowing damn them where are they, by Jesus let them come. Some of them turned into Pudding-lane, and some went by the Town-

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house steps ; I went in and told my family to keep themselves easy for there was no disturbance near the house. I went to the door again, and saw a party about the head of Quaker lane, and they used much the same expressions as the aforesaid party; and hallowed fire. They passed over the way, and the shade of the moonlight hindered me to see if they went down Royal-Exchange lane or went up towards the Town House. Something- strikes my mind, I am not positive now, but I think it was that night, there were a few boys round the Sentry. I went and said, boys you have no business with the Sentry, go off, and they went off. I have often seen boys with the Sentry, and heard words often. The bells were then ringing, and the people began to collect, as they do at the cry of fire, and I thought it was fire. I had a mind to get my staff and go out, but I had a reluctance, because I had been warned not to go out that night: but while the people were collecting, I came to the door, and saw them gathering' thick from all quarters, forty, fifty, or sixty. When the party came down, I thought it was no 'more than I had seen every day, I thought they had come to relieve the Sentry, they seemed to be in a posture of defence, and came thro' the people. I saw no opposition. When they came up, they passed out of the moon light into the dark so that I could not see them, but I wondered to find them tarry so long. I heard a gun go off. I thought it was an accident, but in a little time another gun went off, and a third and a fourth, pretty quick, and then the fifth. There seemed to be a small stop in their firing, I then had no concern, but before the smoke was M'ell away, I saw the people dead on the ground. I saw no opposition when they were drawn up, the people were not near them ; what opposition might be at the lane I could not perceive, because the box covered that from my view.

Q. Are you certain that the soldiers came from the Main Guard? A. Yes, I am certain of it.

Q. You saw that party that fired, come from the Main Guard, but the first party of ten or twelve, did they come out from the Main Guard? A. Yes.

Q. How were they dressed? A. I could not see their dress, but I saw their arms glitter.


 * Six o'clock, P. M. the Court adjourned to Thursday morning nine o'clock.**

**** **** **** ****


 * THURSDAY**, nine o'clock, the Court met according to adjournment and proceeded.

//**Joseph Crosswell - sworn**//
Next morning after the 5th of March, in King-street, before the soldiers were apprehended, I saw Killroy, I have known him by sight almost ever since he hath been here. I saw his bayonet bloody the blood was dried on five or six inches from the point.

Q. How near were you to the bayonet? A. About the same distance I am from the Judges, viz. six feet.

Q. Was it shouldered? A. I forget the posture,

Q. Are you sure it was blood? A. It appeared to be covered from the point five or six inches, it appeared to me to be blood, and I thought then, it was blood dried on.

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//**James Carter - sworn**//
The next morning I observed the same with Mr. Crosswell, I do not know his name, but that's the man, (pointing to Killroy) his gun was rested on his right arm.

Q. Did it appear to you to be covered from the point with blood? A. Yes I am positive it was blood.

Q. How nigh was you to him? A. As nigh as I am to you, sir, viz. three feet off.

Q. Did you know young Maverick, who was killed by the firing in King-street, on the 5th of March? A. Yes, very well.

Q. Did you see him that night ? A. He was at my house that night, at supper with some young lads, and when the bells rung, as we all thought for fire, he run out in order to go to it.

Q. Did you see anything of the affray at the Rope-walks? A. I saw a party of the soldiers near the Rope-walks with clubs, ordered them to disperse, commanded the peace, told them I was in commission for the peace, they paid no regard to me or my orders, but cut an old man who was coming by, before my face, and some of them struck at me, but did not hit me.

Q. Were any of the prisoners among them? A. I do not know that they were.

//The evidence for the Crown being closed, SAMUEL QUINCY, Esq. then addressed the Court and Jury as follows//:

May it please your Honors, 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 endeavoring to misrepresent or aggravate any thing to the prejudice of the prisoners on the one hand, or on the other to neglect any thing that justice to the deceased sufferers, the laws of my country, or the preservation of the peace of society demand.

There are two things necessary to prove, which I mentioned in the opening of this cause, namely, the identity of the prisoners, that is, that they were that party of men who on the 5th of March last were in King-street, and that they committed the facts mentioned in the indictments, and further, gentlemen, the circumstances attending and aggravating the commission of these facts.

As to the first point, to prove the identity of the prisoners, all of them have been sworn to, and most of them by more than one witness.

To Killroy gentlemen, you have Langford, Archibald and Brewer, who swear positively ; and farther you have the evidence of Kerreter and Hemmingway. The one, of Killroy's being in the affray at the rope-walks and the other to his uttering a number of malicious and threatening- expressions in regard to the inhabitants of the town of Boston.

To White gentlemen, you have four more, Simpson, Langford, Bailey and Clark.

=Appendix= //The Publisher feels it a duty to attach this Appendix, compiled from the best information which can be obtained, showing the conduct of the Soldiers, a short lime prior to the fatal fifth of March. Notwithstanding some statements to the contrary, it is believed the citizens of Boston may be vindicated from the charge of having occasioned this awful catastrophe.//

The conduct of the citizens of Boston, notwithstanding some statements of a different import, it is believed, may be well vindicated from the charge of having rashly occasioned the awful catastrophe of the fifth of March, 1770. It is true, that the minds of the, people were greatly irritated, and that some individuals were abusive in their language towards the military. But whenever examination was carefully made, it appeared, that the soldiers were the first to assault, to

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threaten, and to apply contemptuous epithets to the inhabitants. It might have been prudent and wise in the people, to have borne these taunts and this insolence, with more patience; waiting for relief, until an act of the British government had ordered the troops fiom the town. They had the spirit and courage, however, defenceless as they were, to return the insolent language of the soldiers; and when threatened and attacked, to stand in their own defence: And, in the several reencounters which took place, were able to repel their assailants.

Every circumstance connected with this wanton and sanguinary event, is important to be noticed. The people were provoked beyond endurance ; and they can be justly accused only of resisting a fierce and vindictive soldiery, at the hazard of life. On the 22d of February, a few boys appeared in one of the streets, bearing some coarse paper paintings, with the figures of the importers of British goods. They were met by one R****, who was known to be an informer to the custom house officers, against the citizens suspected of attempts to evade the laws. He endeavoured to prevail with a countryman, then passing, to destroy the pageantry. But the man declined ; and he attempted himself to mutilate and deface them. This occasioned a collection of people, who were in the vicinity of the spot. R**** was very abusive in his language, and charged some of the citizens who had assembled, with perjury, and threatened to prosecute them. But they seem to have considered him too insignificant to be noticed. The boys, however, who were quite young, and who had brought the pictures into the street, followed the man to his house, and gave him some opprobrious and reproachful language, which were the only means of redress in their power, for his attack. The moment he entered his dwelling he seized a gun : this rather irritated than terrified the lads, and they began to pelt the house with snow balls and stones. He fired from one of the windows, and killed a boy of eleven years of age. A great excitement was produced among the people, by this unnecessary and most wanton conduct. The funeral of the lad was attended by an immense concourse of the inhabitants ; and he was considered a martyr in the cause of liberty.

The soldiers, when they had left their barracks and strolled about the town, frequently carried large clubs, for the purpose, no doubt, of assaulting the people, though with a pretence for their own safety. The citizens were not so imprudent or foolish, as to make an attack upon the troops, even when few in numbers, or at a distance from their quarters: for they knew that vengeance would have been executed upon them. On the second of March, two of them rudely insulted and assaulted a workman at a rope walk, not far from their barracks: being bravely resisted and beaten off, they soon made another attack, in greater numbers, probably ten or twelve. They were again overpowered by the people at the rope walk: And a third time came with about fifty of their fellows, to renew the assault. But they were still vanquished, and received some wounds and bruises in the affray, which they had thus wantonly provoked. They appeared yet again with large recruits, and threatened vengeance on the defenceless workmen. But the owner, or conductor of the rope walk, met them, and prevailed on them to retire, without making the

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meditated assault. Perhaps, the more discreet among them were satisfied of the impropriety of their conduct, or were fearful of the consequences of another attack. On the third, in the afternoon, several of the soldiers, armed with large clubs, went again to the rope walk; and after much insolent and threatening language, struck some of the workmen.

In consequence of these various quarrels, and of the violent threats of the soldiers, that they would be avenged, when, in truth, they had been the rude aggressors, the minds of the citizens were greatly alarmed on the fourth and fifth; and so apprehensive were many, of an attack from the military, as threatened, that in some instances they required their children and the female part of their families to remain at home during the evening. In the early part of it, several soldiers were seen parading the streets in different parts of the town, armed with heavy clubs, seeking, undoubtedly, for an opportunity to assault, if not to murder the peaceable inhabitants. Two persons, passing in the vicinity of the barracks, were attacked and beaten, without offering any provocation ; but being thus violently assailed, they stood on their defence, and gave the soldiers some blows in return. Three of the citizens, coming from the south part of the town, were also met by a number of soldiers, and rudely stopped in their walk, and threatened with violence. The soldiers, who had made an assault near the spot where the regiment was stationed, on being struck by the citizens whom they attacked, fled to the barracks; but soon again with many others, sallied forth into the streets, armed with swords and cutlasses, and uttering threats of vengeance and death; pretending that their comrades had been first assaulted, when in truth the several attacks were first made by them on the defenceless citizens. Thus enraged and thirsting for blood, they roamed about till they reached the street in the centre of the town, where the custom house was situated, guarded by a sentinel, and on the south side of which, near the State House, a military guard was stationed, under command of captain PRESTON. Here, and on their way, they met different small parties of the inhabitants, who, alarmed by previous threats, and by the tumults of the evening, were abroad, to witness, as was natural, the transactions of which many were apprehensive; or to prevent, if possible, the excesses of an unfeeling soldiery. These also were assaulted, and some of them were too brave and fearless to be attacked, without making resistance for self-preservation.

These events increased the alarm and apprehensions of the citizens, in this part of the town ; a bell near the head of the street was rung, and many thereupon collected at this place. Nor was it strange, that some of them were so irritated as to be eager for an attack upon the sentinel; the party of soldiers before mentioned having returned to the barracks. Many of them moved down the street, on the north side, as far as the spot where he was posted. He was accosted with abusive and insolent epithets, and pelted, by some of the young and imprudent persons present, with snow balls. And if it were proper to separate this particular affair from the assaults which had been already made by the soldiers, as above related, it must be admitted

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probable, that the first attack, though without design to perpetrate any deadly act, was from the inhabitants. Yet, even in this case which, however, seems not a just view of this murderous transaction there was much evidence to show, that the sentinel was the first to give a blow, though he was assailed by abusive language.

The tumult, which ensued, induced the sentinel to send a person immediately to the guard house, who gave information that he had been assaulted, and needed protection. Captain PRESTON, accompanied by eight armed soldiers, soon went from the guard house, and forced their way through the crowd of citizens to the station of the sentinel. In this rapid and forcible passing of the soldiers, several of the inhabitants were struck by them; but whether with design, it would be difficult to decide. Snow balls, and probably other matter, were again thrown by some of the citizens: And directly the word was audibly given, "fire; damn you, fire." The soldiers obeyed the rash and fatal command; and eleven of the people, assembled, certainly without any design to commit excesses, even if we should allow their collecting was an imprudent act, were slain or wounded on that dreadful evening.

It is difficult to express the mingled emotions of horror and indignation, excited by this fatal catastrophe. The intelligent citizens earnestly solicited the Lieutenant Governor, the same evening, for the immediate removal of the troops from the town. He was greatly agitated on the occasion; apprehensive, probably, of some personal attack or insult from an injured and highly indignant populace: He requested the commanding officer of the troops, that the greatest care be taken to keep them within their barracks.* The next day the citizens of Boston, assembled, and voted to continue their applications until the British troops should be removed from the town: and with such resolution did they pursue this object, so interesting to the people, that in a few days, they prevailed ; and all the military were ordered to the Castle.

This tragical affair has been differently represented, by those who have related it ; and even immediately after it took place, the opinions of impartial men did not coincide, in reference to all the circumstances connected with it. Many have believed, that the conduct of the soldiers was excusable on the principle of self-defence; and that great blame attaches to the citizens for the abuse and violence which they offered. Truth, however, obliges us to observe, that, on examination of the most correct statements, and on weighing the testimony of intelligent witnesses, given without prejudice and fear, it appears most manifest, that the several riots and outrages of that memorable evening, were begun by the soldiers; that the citizens acted on the defensive ; that the fatal deeds, by which they were closed, were unnecessary, wanton, and proof of a murderous design: And, that, in a word, there was a combination among a number of the troops, to spill the blood of the injured and oppressed inhabitants.


 * It appeared, from the conduct of the Lieut. Governor, that he had no control over the troops. They were not, in fact, subject to the civil authority.