Student Exercise

The Boston Massacre

This is an exercise in three parts.

Part I involves your interpretation of the evidence presented at the trial of Captain Preston, on

the charge of Murder arising out of an incident on the Boston Commons on the evening of March

5, 1770. The evidence is in the form of a transcript of the testimony of various witnesses who

appeared at the trial. It is important to remember that under the rules governing admission of

evidence, not all of the documents which historians have access to, were given to the jury. Given

those constraints, your assignment at this point (Part I) is to take the role of the Defense attorney

and write your closing argument to the jury in which you argue on behalf of your client. The

closing argument of the prosecutor is provided in the transcript. Your job at this point is to

convince the jury that your client may not be found guilty as charged. In short, you are to view

the event, as described by the witnesses, from a point of view most favorable to the defendant.

This requires you to conceptualize. For the purpose of this exercise, you should set forth your

arguments in about 500 words.

Part II now calls upon you to examine two documents which the jury at the above trial did not

see. The first is a document produced by the defendant, Captain John Preston, within a week

after the incident. The second is a somewhat anonymous document which was produced, under

oath (affidavit) shortly after the incident. The exact date of this document is unknown, but it was

likely produced within five days after the incident. Your job at this point (Part II) is to

view the evidence in a more objective light than in Part I. What modifications, if any, do these

two documents have upon the conclusion which you presented in Part I?

Part III calls upon you to integrate the summary below into your interpretation of the event in

question. Although this background summary was prepared by your instructor, it was prepared as

objectively as the "King's English" permits, without the use of emotive, much less inflammatory

words or phrases. At this point, the student has, if not all the evidence, enough to reach a more

complete understanding of what transpired on the night in question. You should now summarize

your final conclusion by briefly answering the following two questions?

1. Why did an incident, now known as the "Boston Massacre" occur on the evening of March

5, 1770?

2. What significance did this incident have, and why?

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Part I. The Trial Transcript

TESTIMONY

Excerpt of testimony from Hiller B. Zobel, ed. The Legal Papers of

John Adams, Vol. II (Cambridge, Mass: Belknap Press of Harvard

University Press, 1965), pp. 46-98.

ALEXANDER CRUIKSHANKS

As the Clock struck 9 I saw two Boys abusing the Centinel. They

said you Centinel, damned rascally Scoundrel Lobster Son of a

Bitch and desired him to turn out. He told them it was his ground

and he would maintain it and would run any through who molested or

attempted to drive him off. There was about a dozen standing at a

little distance. They took no part. He called out Guard several

times and 7 or 8 Soldiers with Swords, Bayonets and one with a

large Tongs in his hand came. I saw the two Boys going to the Men

who stood near the Centinel. They returned with a new Edition of

fresh Oaths, threw Snow Balls at him and he then called Guard

several times as before.

PETER CUNNINGHAM

Upon the cry of fire and Bells ringing went into King Street, heard

the Capt. say Turn out the Guard. Saw the Centinel standing on the

steps of the Custom house, pushing his Bayonet at the People who

were about 30 or 40. Captain came and ordered the Men to prime and

load. He came before 'em about 4 or 5 minutes after and put up

their Guns with his Arm. They then fired and were priming and

loading again. I am pretty positive the Capt. bid 'em Prime and

load. I stood about 4 feet off him. Heard no Order given to fire.

The Person who gave Orders to Prime and load stood with his back to

me, I did not see his face only when he put up their Guns. I stood

about 10 or 11 feet from the Soldiers, the Captain about the midway

between.

WILLIAM WYATT

I heard the Bell, coming up Cornhill, saw People running several

ways. The largest part went down to the North of the Town house.

I went the South side, saw an Officer leading out 8 or 10 Men.

Somebody met the officer and said, Capt. Preston for Gods sake mind

what you are about and take care of your Men. He went down to the

Centinel, drew up his Men, bid them face about, Prime and load. I

saw about 100 People in the Street huzzaing, crying fire, damn you

fire. In about 10 Minutes I heard the Officer say fire. The

Soldiers took no notice. His back was to me. I heard the same

voice say fire. The Soldiers did not fire. The Officer then

stamped and said Damn your bloods fire be the consequences what it

will. Immediately the first Gun was fired. I have no doubt the

Officer was the same person the Man spoke to when coming down with

the Guard. His back was to me when the last order was given. I

was then about 5 or 6 yards off and within 2 yards at the first.

He stood in the rear when the Guns were fired. Just before I heard

a Stick, which I took to be upon a Gun. I did not see it. The

officer had to the best of my knowledge a cloth coloured Surtout

on. After the firing the Captain stepd forward before the Men and

struck up their Guns. One was loading again and he damn'd 'em for

firing and severely reprimanded 'em. I did not mean the Capt. had

the Surtout but the Man who spoke to him when coming with the

Guard.

JOHN COLE

I saw the officer after the firing and spoke to the Soldiers and

told 'em it was a Cowardly action to kill men at the end of their

Bayonets. They were pushing at the People who seemed to be trying

to come into the Street. The Captain came up and stamped and said

Damn their bloods fire again and let 'em take the consequence. I

was within four feet of him. He had no Surtout but a red Coat with

a Rose on his shoulder. The people were quarrelling at the head of

Royal Exchange lane. The Soldiers were pushing and striking with

the Guns. I saw the People's Arms moving but no Sticks.

THEODORE BLISS

At home. I heard the Bells for fire. Went out. Came to the Town

House. The People told me there was going to be a Rumpus with the

Soldiers. Went to the Custom House. Saw Capt. Preston there with

the Soldiers. Asked him if they were loaded. He said yes. If

with Ball. He said nothing. I saw People throw Snow Balls at the

Soldiers and saw a Stick about 3 feet long strike a Soldier upon

the right. He sallied and then fired. A little time a second.

Then the other[s] fast after one another. One or two Snow balls

hit the Soldier, the stick struck, before firing. I know not

whether he sallied on account of the Stick or step'd back to make

ready. I did not hear any Order given by the Capt. to fire. I

stood so near him I think I must have heard him if he had given an

order to fire before the first firing. I never knew Capt. Preston

before. I can't say whether he had a Surtout on, he was dressed in

red. I know him to be the Man I took to be the Officer. The Man

that fired first stood next to the Exchange lane. I saw none of

the People press upon the Soldiers before the first Gun fired. I

did after. I aimed a blow at him myself but did not strike him.

I am sure the Captain stood before the Men when the first Gun was

fired. I had no apprehension the Capt. did give order to fire when

the first Gun was fired. I thought, after the first Gun, the Capt.

did order the Men to fire but do not certainly know. I heard the

word fire several times but know not whether it came from the

Captain, the Soldiers or People. Two of the People struck at the

Soldiers after the first Gun. I don't know if they hit 'em. There

were about 100 People in the Street. The muzzles of the Guns were

behind him. After the first Gun the Captain went quite to the left

and I to the right.

HENRY KNOX

I saw the Captain coming down with his party. I took Preston by

the Coat, told him for Gods sake take care of your Men for if they

fire your life must be answerable. In some agitation he replied I

am sensible of it. A Corporal was leading them. The Captain stopd

with me and the Party proceeded to the Centinel the People crying

stand by. The Soldiers with their Bayonets charged pushing

through the People in order to make way - make way damn your

Bloods. The Captain then left me and went to the Party. I heard

the Centinel say damn their bloods if they touch me I will fire.

In about 3 minutes after this the party came up. I did not see any

thing thrown at the Centinel. I stood at the foot of the Town

house when the Guns were fired. I heard the People cry damn your

bloods fire on. To the best of my recollection the Corporal had a

Surtout on. I had none.

BENJAMIN BURDICK

When I came into King Street about 9 o'Clock I saw the Soldiers

round the Centinel. I asked one if he was loaded and he said yes.

I asked him if he would fire, he said yes by the Eternal God and

pushed his Bayonet at me. After the firing the Captain came before

the Soldiers and put up their Guns with his arm and said stop

firing, dont fire no more or dont fire again. I heard the word

fire and took it and am certain that it came from behind the

Soldiers. I saw a man passing busily behind who I took to be an

Officer. The firing was a little time after. I saw some persons

fall. Before the firing I saw a stick thrown at the Soldiers. The

word fire I took to be a word of Command. I had in my hand a

highland broad Sword which I brought from home. Upon my coming out

I was told it was a wrangle between the Soldiers and people, upon

that I went back and got my Sword. I never used to go out with a

weapon. I had not my Sword drawn till after the Soldier pushed his

Bayonet at me. I should have cut his head off if he had stepd out

of his Rank to attack me again. At the first firing the People

were chiefly in Royal Exchange lane, there being about 50 in the

Street. After the firing I went up to the Soldiers and told them

I wanted to see some faces that I might swear to them another day.

The Centinel in a melancholy tone said perhaps Sir you may.

DANIEL CALEF

I was present at the firing. I heard one of the Guns rattle. I

turned about and lookd and heard the officer who stood on the right

in a line with the Soldiers give the word fire twice. I looked the

Officer in the face when he gave the word and saw his mouth. He

had on a red Coat, yellow Jacket and Silver laced hat, no trimming

on his Coat. The Prisoner is the Officer I mean. I saw his face

plain, the moon shone on it. I am sure of the man though I have

not seen him since before yesterday when he came into Court with

others. I knew him instantly, I ran upon the word fire being given

about 30 feet off. The officer had no Surtout on.

DIMAN MORTON

Between 9 and 10 I heard in my house the cry of fire but soon

understood there was no fire but the Soldiers were fighting with

the Inhabitants. I went to King Street. Saw the Centinel over the

Gutter, his Bayonet breast high. He retired to the steps - loaded.

The Boys dared him to fire. Soon after a Party came down, drew up.

The Captain ordered them to load. I went across the Street. Heard

one Gun and soon after the other Guns. The Captain when he ordered

them to load stood in the front before the Soldiers so that the

Guns reached beyond him. The Captain had a Surtout on. I know him

well. The Surtout was not red, I think cloth colour. I stood on

the opposite corner of Exchange lane when I heard the Captain order

the Men to load. I came by my knowledge of the Captain partly by

seeing him lead the Fortification Guard.

JOSEPH PETTY

Between nine and ten of the clock last evening, I harked thither,

and saw a number of soldiers by the Custom House with their guns

leveled; and in an instant of time I heard the word fire: and a

number of guns were immediately discharged one after another by the

said soldiers...The whole time I was there I saw no insult or abuse

offered the soldiers, excepting one stick that was sent among them

after the firing.

ROBERT GODDARD

[Preston] ordered his men to stand with their bayonets charged. He

then said "Boys stand off or we shall would some of you; you had

better stand off." A sailor then struck the officer, upon which he

said, "Damn you I will not be used in such a manner." Immediately

he said Fire upon which the Soldiers stood for a short space. The

officer then said "Damn your Blood fire." I immediately heard and

saw one musket discharged, which was directly followed by several

others.

BOSTON GAZETTE REPORTER

They took place by the custom house and, continued to push to drive

the people off, pricked some in several places, on which they were

Clamorous and, it is said, threw snow balls. On this, the Captain

commanded them to fire; and more snow balls coming, he again said,

damn you, fire, be the consequence what it will! One soldier then

fired.

CAPTAIN THOMAS PRESTON

The mob still increased and were outrageous, striking their clubs

or bludgeons one against another, and calling out, come on you

rascals, you bloody backs, you lobster scoundrels, fire if you

dare, G-d damn you, fire and be damned, we know you dare not, and

much more such language was used. At this time I was between the

soldiers and the mob, parleying with, and endeavoring all in my

power to persuade them to retire peaceably, but to no purpose.

They advanced to the points of the bayonets, struck some of them

and even the muzzles of the pieces, and seemed to be endeavoring to

close with the soldiers. On which some well behaved persons asked

me if the guns were charged. I replied yet. They then asked me if

I intended to order the men to fire. I answered no, by no means,

observing to them that I was advanced before the muzzles of the

men's pieces, and must fall a sacrifice if they fired; that the

soldiers were upon the half cock and charged bayonets, and my

giving the word fire under those circumstances would prove me to be

no officer. While I was thus speaking, one of the soldiers having

received a severe blow with a stick, stepped a little to one side

and instantly fired...One this a general attack was made on the men

by a great number of heavy clubs and snowballs being thrown at

them, by which all our lives were in imminent danger, some persons

at the same time from behind calling out, damn your bloods - why

don't you fire. Instantly three or four of the soldiers fired...On

my asking the soldiers why they fired without orders, they said

they heard the word fire and supposed it came from me. This night

be the case as many of the mob called out fire, fire, but I assured

the men that I gave no such order; that my words were, don't fire,

stop your firing.

HUGH WHITE, JAMES HARTIGAN, MATHEW KILLROY (soldiers)

May it please your Honours, we poor distressed prisoners beg that

ye would be good as to let us have our trials at the same time with

our Captain, for we did our Captain's orders & if we don't obey his

commands should have been confined & shot for not doing of it.

ISAAC PIERCE

The Lieut. Governor asked Capt. Preston didn't you know you had no

power to fire upon the Inhabitants or any number of People

collected together unless you had a Civil Officer to give order.

The Captain replied I was obligated to, to save my Sentry.

EDWARD HILL

After all the firing Captain Preston put up the Gun of a Soldier

who was going to fire and said fire no more you have done mischief

enough.

RICHARD PALMES

I said to Preston are your Soldiers' Guns loaded. He answered with

powder and ball. Sir I hope you don't intend the Soldiers shall

fire on the Inhabitants. He said by no means. The instant he

spoke I saw something resembling Snow or Ice strike the Grenadier

on the Captain's right hand being the only one then at his right.

He instantly stepped one foot back and fired the first Gun. I had

then my hand on the Captain's shoulder. After the Gun went off I

heard the word fire. The Captain and I stood in front about half

between the breech and muzzle of the Guns.

MATTHEW MURRAY

I heard no order given. I stood within two yards of the Captain.

He was in front talking with a Person, I don't know who. I was

looking at the Captain when the Gun was fired.

DANIEL CORNWALL

Capt. Preston was within 2 yards of me - before the Men - nearest

to the right - facing the Street. I was looking at him. Did not

hear any order. He faced me. I think I should have heard him. I

directly heard a voice say Damn you why do you fire. Don't fire.

I thought it was the Captain's then. I now believe it...

WILLIAM SAWYER

The people kept huzzaing. Damn 'em. Daring 'em to fire. Threw

Snow balls. I think they hit 'em. As soon as the Snow balls were

thrown and a club a Soldier fired. I heard the Club strike upon

the Gun and the corner man next the lane said fire and immediately

fired. This was the first Gun. As soon as he had fired he said

Damn you fire. I am so sure that I thought it was he that spoke.

The next Gun fired and so they fired through pretty quick.

JANE WHITEHOUSE

A Man came behind the Soldiers walked backwards and forward,

encouraging them to fire. The Captain stood on the left about

three yards. The man touched one of the Soldier's upon the back

and said fire, by God I'll stand by you. He was dressed in dark

colored clothes...He did not look like an Officer. The man fired

directly on the word and clap on the Shoulder. I am positive the

man was not the Captain...I am sure he gave no orders...I saw one

man take a chunk of wood from under his Coat throw it at a Soldier

and knocked him. He fell on his face. His firelock was out of

his hand...This was before any firing.

JAMES WOODALL

I saw one Soldier knocked down. His Gun fell from him. I saw a

great many sticks and pieces of sticks and Ice thrown at the

Soldiers. The Soldier who was knocked down took up his Gun and

fired directly. Soon after the first Gun I saw a Gentleman behind

the Soldiers in velvet of blue or black plush trimmed with gold.

He put his hand toward their backs. Whether he touched them I know

not and said by God I'll stand by you whilst I have a drop of blood

and then said fire and two went off and the rest to 7 or 8...The

Captain, after, seemed shocked and looked upon the Soldiers. I am

very certain he did not give the word fire.

CROSS-EXAMINATION OF CAPTAIN JAMES GIFFORD

Q: Did you ever know an officer order men to fire with their

bayonets charged [Figure 2]?

A: No, Officers never give order to fire from charged bayonet.

They would all have fired together, or most of them.

NEWTON PRINCE, a Negro, a member of the South Church

Heard the Bell ring. Ran out. Came to the Chapel. Was told there

was no fire but something better, there was going to be a fight.

Some had buckets and bags and some Clubs. I went to the west end

of the Town House where[there] were a number of people. I saw some

Soldiers coming out of the Guard House with their Guns and running

down one after another to the Custom house. Some of the people

said let's attack the Main Guard, or the Centinel who is gone to

King street. Some said for Gods sake don't lets touch the main

Guard. I went down. Saw the Soldiers planted by the Custom house

two deep. The people were calling them Lobsters, daring 'em to

fire saying damn you why don't you fire. I saw Capt. Preston out

from behind the Soldiers. In the front at the right. He spoke to

some people. The Capt. stood between the Soldiers and the Gutter

about two yards from the Gutter. I saw two or three strike with

sticks on the Guns. I was going off to the west of the Soldiers

and heard the Guns fire and saw the dead carried off. Soon after

the Guard Drums beat to arms. The People whilst striking on the

Guns cried fire, damn you fire. I have heard no Orders given to

fire, only the people in general cried fire.

CONCLUSION OF PROSECUTION'S SUMMARY TO THE JURY

Now Gentlemen the fact being once proved, it is the prisoner's part

to justify or excuse it, for all killing is, prima facie, Murder.

They have attempted to prove, that the People were not only the

aggressors, but attacked the Soldiers with so much Violence, that

an immediate Danger of their own Lives, obliged them to fire upon

the Assailants, as they are pleased to call them. Now this violent

Attack turns out to be nothing more, than a few Snow-balls, thrown

by a parcel of Boys; the most of them at a considerable distance,

and as likely to hit the Inhabitants as the Soldiers (all this is

but which is a common Case in the Streets of Boston at that Season

of the Year, when a Number of People are collected in a Body), and

one Stick, that struck a Grenadier, but was not thrown with

sufficient force to wound, or even sally him; whence then this

Outrage, fury and abuse so much talk'd of? The Inhabitants

collected, Many of them from the best of Motives, to make peace;

and some out of mere Curiosity, and what was the Situation of

Affairs when the Soldiers begun the fire? In addition, to the

Testimony of many others, you may collect it from the Conduct of

Mr. Palmes, a Witness of whom they principally build their Defence.

Wou'd he place himself before a party of Soldiers, and risque his

Life at the Muzzels of their Guns, when he thought them under a

Necessity of firing to defend their Life? 'Tis absurd to suppose

it; and it is impossible you should ever seriously believe, that

their Situation could either justify or excuse their...Conduct. I

would contend, as much as any Man, for the tenderness and Benignity

of the Law; but, if upon such trifling and imaginary provocation,

Men may o'erleap the Barriers of Society, and carry havock and

Desolation among their defenseless Fellow Subjects; we had better

resign an unmeaning title to protection in Society and range the

Mountains uncontrol'd. Upon the whole Gentlemen the facts are with

you, and I doubt not, you will find such a Verdict as the Laws of

God, of Nature and your own Conscience will ever approve.

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Part II.

Two documents were not seen by the jury which tried the above case. The first is an account

written shortly after the event in question by Captain Preston. The second is of undetermined

origin. What light, if any, is thrown upon the event by these two documents?

Captain Thomas Preston's Account of the Boston Massacre (13 march 1770), from British Public

Records Office, C. O. 5/759. Reprinted in Merrill Jensen (editor) English Historical Documents,

Volume IX. (London, 1964) vp. 750-53.

It is [a] matter of too great notoriety to need any proofs that the arrival

of his Majesty's troops in Boston was extremely obnoxious to its

inhabitants. They have ever used all means in their power to weaken the

regiments, and to bring them into contempt by promoting and aiding

desertions, and with impunity, even where there has been the clearest

evidence of the fact, and by grossly and falsely propagating untruths

concerning them. On the arrival of the 64th and 65th their ardour

seemingly began to abate; it being too expensive to buy off so many, and

attempts of that kind rendered too dangerous from the numbers.

And has ever since their departure been breaking out with greater

violence after their embarkation. One of their justices, most thoroughly

acquainted with the people and their intentions, on the trial of a man of

the 14th Regiment, openly and publicly in the hearing of great numbers

of people and from the seat of justice, declared "that the soldiers must

now take care of themselves, nor trust too much to their arms, for they

were but a handful; that the inhabitants carried weapons concealed

under their clothes, and would destroy them in a moment, if they pleased".</I>

This, considering the malicious temper of the people, was an alarming

circumstance to the soldiery. Since which several disputes have

happened between the townspeople and the soldiers of both regiments, the

former being encouraged thereto by the countenance of even some of

the magistrates, and by the protection of all the party against

government. In general such disputes have been kept too secret from the offi-

cers. On the d. instant two of the 29th going through one Gray's

ropewalk, the rope-makers insultingly asked them if they would empty a

vault. This unfortunately had the desired effect by provoking the

soldiers, and from words they went to blows. Both parties suffered in this

afftay, and finally the soldiers retired to their quarters. The officers, on

the first knowledge of this transaction, took every precaution in their

power to prevent any ill consequence. Notwithstanding which, single

quarrels could not be prevented, the inhabitants constantly provoking

and abusing the soldiery. The insolence as well as utter hatred of the

inhabitants to the troops increased daily, insomuch that Monday and

Tuesday, the 5th and 6th instant, were privately agreed on for a general

engagement, in consequence of which several of the militia came from

the country armed to join their friends, menacing to destroy any who

should oppose them. This plan has since been discovered.

On Monday night about 8 o'clock two soldiers were attacked and

beat. But the party of the townspeople in order to carry matters to the

utmost length, broke into two meeting houses and rang the alarm bells,

which I supposed was for fire as usual, but was soon undeceived. About

9 some of the guard came to and informed me the town inhabitants

were assembling to attack the troops, and that the bells were ringing as

the signal for that purpose and not for fire, and the beacon intended to

be fired to bring in the distant people of the country. This, as I was

captain of the day, occasioned my repairing immediately to the main

guard. In my way there I saw the people in great commotion, and heard

them use the most cruel and horrid threats against the troops. In a few

minutes after I reached the guard, about 100 people passed it and went

towards the custom house where the king's money is lodged. They

immediately surrounded the sentry posted there, and with clubs and other

weapons threatened to execute their vengeance on him. I was soon

informed by a townsman their intention was to carry off the soldier from

his post and probably murder him. On which I desired him to return

for further intelligence, and he soon came back and assured me he heard

the mobb declare they would murder him. This I feared might be a

prelude to their plundering the king's chest. I immediately sent a

non-commissioned officer and 12 men to protect both the sentry and the

king's money, and very soon followed myself to prevent, if possible, all

disorder, fearing lest the officer and soldiers, by the insults and

provocations of the rioters, should be thrown off their guard and commit some

rash act. They soon rushed through the people, and by charging their

bayonets in half-circles, kept them at a little distance. Nay, so far was I

from intending the death of any person that I suffered the troops to go

to the spot where the unhappy affair took place without any loading in

their pieces; nor did I ever give orders for loading them. This remiss

conduct in me perhaps merits censure; yet it is evidence, resulting from

the nature of things, which is the best and surest that can be offered,

that my intention was not to act offensively, but the contrary part, and

that not without compulsion. The mob still increased and were more

outrageous, striking their clubs or bludgeons one against another, and

calling out, come on you rascals, you bloody backs, you lobster

scoundrels, fire if you dare, G-d damn you, fire and be damned, we know

you dare not, and much more such language was used. At this time I

was between the soldiers and the mob, parleying with, and

endeavouring all in my power to persuade them to retire peaceably, but to no

purpose. They advanced to the points of the bayonets, struck some of

them and even the muzzles of the pieces, and seemed to be

endeavouring to close with the soldiers. On which some well behaved persons

asked me if the guns were charged. I replied yes. They then asked me

if I intended to order the men to fire. I answered no, by no means,

observing to them that I was advanced before the muzzles of the men's

pieces, and must fall a sacrifice if they fired; that the soldiers were upon

the half cock and charged bayonets, and my giving the word fire under

those circumstances would prove me to be no officer. While I was thus

speaking, one of the soldiers having received a severe blow with a stick,

stepped a little on one side and instantly fired, on which turning to and

asking him why he fired without orders, I was struck with a club on my

arm, which for some time deprived me of the use of it, which blow had

it been placed on my head, most probably would have destroyed me.

On this a general attack was made on the men by a great number of

heavy clubs and snowballs being thrown at them, by which all our lives

were in imminent danger, some persons at the same time from behind

calling out, damn your bloods-why don't you fire. Instantly three or

four of the soldiers fired, one after another, and directly after three more

in the same confusion and hurry. The mob then ran away, except three

unhappy men who instantly expired, in which number was Mr. Gray

at whose rope-walk the prior quarrels took place; one more is since

dead, three others are dangerously, and four slightly wounded. The

whole of this melancholy affair was transacted in almost 20 minutes. On

my asking the soldiers why they fired without orders, they said they

heard the word fire and supposed it came from me. This might be the

case as many of the mob called out fire, fire, but I assured the men that

I gave no such order; that my words were, don't fire, stop your firing.

In short, it was scarcely possible for the soldiers to know who said fire,

or don't fire, or stop your firing. On the people's assembling again to

take away the dead bodies, the soldiers supposing them coming to

attack them, were making ready to fire again, which I prevented by

striking up their firelocks with my hand. Immediately after a townsman

came and told me that 4 or 5000 people were assembled in the next

street, and had sworn to take my life with every man's with me. On

which I judged it unsafe to remain there any longer, and therefore sent

the party and sentry to the main guard, where the street is narrow and

short, there telling them off into street firings, divided and planted them

at each end of the street to secure their rear, momently expecting an

attack, as there was a constant cry of the inhabitants to arms, to arms,

turn out with your guns; and the town drums beating to arms, I ordered

my drums to beat to arms, and being soon after joined by the different

companies of the 29th regiment, I formed them as the guard into street

firings. The 14th regiment also got under arms but remained at their

barracks. I immediately sent a sergeant with a party to Colonel

Dalrymple, the commanding officer, to acquaint him with every particular.

Several officers going to join their regiment were knocked down by the

mob, one very much wounded and his sword taken from him. The

lieutenant-governor and Colonel Carr soon after met at the head of the 29th

regiment and agreed that the regiment should retire to their barracks,

and the people to their houses, but I kept the picket to strengthen the

guard. It was with great difficulty that the lieutenant-governor prevailed

on the people to be quiet and retire. At last they all went off, excepting

about a hundred.

A Council was immediately called, on the breaking up of which

three justices met and issued a warrant to apprehend me and eight

soldiers. On hearing of this procedure I instantly went to the sheriff and

surrendered myself, though for the space of 4 hours I had it in my

power to have made my escape, which I most undoubtedly should have

attempted and could easily executed, had I been the least conscious of

any guilt. On the examination before the justices, two witnesses swore

that I gave the men orders to fire. The one testified he was within two

feet of me; the other that I swore at the men for not firing at the first

word. Others swore they heard me use the word "fire," but whether

do or do not fire, they could not say; others that they heard the word

fire, but could not say if it came from me. The next day they got 5 or 6

more to swear I gave the word to fire. So bitter and inveterate are many

of the malcontents here that they are industriously using every method

to fish out evidence to prove it was a concerted scheme to murder the

inhabitants. Others are infusing the utmost malice and revenge into the

minds of the people who are to be my jurors by false publications, votes

of towns, and all other artifices. That so from a settled rancour against

the officers and troops in general, the suddenness of my trial after the

affair while the people's minds are all greatly inflamed, I am, though

perfectly innocent, under most unhappy circumstances, having nothing

in reason to expect but the loss of life in a very ignominous manner,

without the interposition of his Majesty's royal goodness.

______________________________________________________________________________

Anonymous Account of the Boston Massacre

A Short Narrative of the Horrid Massacre in Boston. Printed by Order of the Town of Boston.

Re-published with Notes and Illustrations hy John Doggett, Jr., (New York, 1849), vp. 13-19; 21-

22; 28-30.

THE HORRID MASSACRE IN BOSTON, PERPETRATED IN THE

EVENING OF THE FIFTH DAY OF MARCH, 1770, BY SOLDIERS

OF THE TWENTY-NINTH REGIMENT WHICH WITH THE

FOURTEENTH REGIMENT WERE THEN QUARTERED THERE;

WITH SOME OBSERVATIONS ON THE STATE OF THINGS

PRIOR TO THAT CATASTROPHE

It may be a proper introduction to this narrative, briefly to represent the

state of things for some time previous to the said Massacre; and this

seems necessary in order to the forming a just idea of the causes of it.

At the end of the late [French and Indian] war, in which this province bore so distinguished a

part, a happy union subsisted between Great Britain and the colonies. This was unfortunately

interrupted by theStamp Act but it was in some measure restored by the repeal of it.

It was again interrupted by other acts of parliament for taxing America; and by the appointment of

a Board of Commissioners, in pursuance of an act, which by the face of it was made for the relief

and encouragement of commerce, but which in its operation, it was apprehended,

would have, and it has in fact had, a contrary effect. By the said act the said Commissioners were

"to be resident in some convenient part of his Majesty's dominions in America." This must be

understood to be in some part convenient for the whole. But it does not appear that, in fixing

the place of their residence, the convenience of the whole was at all consulted, for Boston, being

very far from the centre of the colonies, could not be the place most convenient for the whole.

Judging by the act, it may seem this town was intended to be favored, by the

Commissioners being appointed to reside here; and that the consequence of that

residence would be the relief and encouragement of commerce; but the

reverse has been the constant and uniform effect of it; so that the

commerce of the town, from the embarrassments in which it has been lately

involved, is greatly reduced.

The residence of the Commissioners here has been detrimental, not

only to the commerce, but to the political interests of the town and

province; and not only so, but we can trace from it the causes of the late

horrid massacre. Soon after their arrival here in November, 1767,

instead of confining themselves to the proper business of their office, they

became partizans of Governor Bernard in his political schemes; and had

the weakness and temerity to infringe upon one of the most essential

rights of the house of commons of this province-that of giving their

votes with freedom, and not being accountable therefor but to their

constituents. One of the members of that house, Capt. Timothy Folgier,

having voted in some affair contrary to the mind of the said

Commissioners, was for so doing dismissed from the office he held under them.

These proceedings of theirs, the difficulty of access to them on

office-business, and a supercilious behavior, rendered them disgustful

to people in general, who in consequence thereof treated them with

neglect. This probably stimulated them to resent it; and to make their

resentment felt, they and their coadjutor, Governor Bernard, made such

representations to his Majesty's ministers as they thought best

calculated to bring the displeasure of the nation upon the town and province;

and in order that those representations might have the more weight,

they are said to have contrived and executed plans for exciting

disturbances and tumults, which otherwise would probably never have

existed; and, when excited, to have transmitted to the ministry the most

exaggerated accounts of them.

Unfortunately for us, they have been too successful in their said

representations, which, in conjunction with Governor Bernard's, have

occasioned his Majesty's faithful subjects of this town and province to

be treated as enemies and rebels, by an invasion of the town by sea and

land; to which the approaches were made with all the circumspection

usual where a vigorous opposition is expected. While the town was

surrounded by a considerable number of his Majesty's ships of war, two

regiments landed and took possession of it; and to support these, two

other regiments arrived some time after from Ireland; one of which

landed at Castle Island, and the other in the town.

Thus were we, in aggravation of our other embarrassments,

embarrassed with troops, forced upon us contrary to our inclination-contrary

to the spirit of the Magna Carta, contrary to the very letter of the

Bill of Rights, in which it is declared, that the raising or keeping a standing

army within the kingdom in time of peace, unless it be with the consent

of parliament, is against law, and without the desire of the civil

magistrates, to aid whom was the pretence for sending the troops hither; who

were quartered in the town in direct violation of an act of parliament for

quartering troops in America; and all this in consequence of the

representations of the said Commissioners and the said Governor, as appears

by their memorials and letters lately published.

As they were the procuring cause of troops being sent hither, they

must therefore be the remote and a blameable cause of all the

disturbances and bloodshed that have taken place in consequence of that

measure.

We shall next attend to the conduct of the troops, and to some

circumstances relative to them. Governor Bernard without consulting the

Council, having given up the State House to the troops at their landing,

they took possession of the chambers, where the representatives of the

province and the courts of law held their meetings; and (except the

council-chamber) of all other parts of that house; in which they

continued a considerable time, to the great annoyance of those courts while

they sat, and of the merchants and gentlemen of the town, who had

always made the lower floor of it their exchange. They [the merchants]

had a right so to do, as the property of it was in the town; but they were

deprived of that right by mere power. The said Governor soon after, by

every stratagem and by every method but a forcibly entry, endeavored

to get possession of the manufactory-house, to make a barrack of it for

the troops; and for that purpose caused it to be besieged by the troops,

and the people in it to be used very cruelly;

The General Court, at the first session after the arrival of the troops,

viewed it in this light, and applied to Governor Bernard to cause such

a nuisance to be removed; but to no purpose. the challenging the inhabitants by sentinels posted in

all parts of the town before the lodgings of officers, which (for about six months, while

it lasted), occasioned many quarrels and uneasiness.

Capt. Wilson, of the 59th, exciting the negroes of the town to take

away their masters' lives and property, and repair to the army for

protection, which was fully proved against him. The attack of a party of

soldiers on some of the magistrates of the town-the repeated rescues

of soldiers from peace officers-the firing of a loaded musket in a public

street, to the endangering a great number of peaceable inhabitants-the

frequent wounding of persons by their bayonets and cutlasses, and the

numerous instances of bad behavior in the soldiery, made us early

sensible that the troops were not sent here for any benefit to the town or

province, and that we had no good to expect from such conservators of

the peace.

It was not expected, however, that such an outrage and massacre,

as happened here on the evening of the fifth instant, would have been

perpetrated. There were then killed and wounded, by a discharge of

musketry, eleven of his Majesty's subjects, viz.:

Mr. Samuel Gray, killed on the spot by a ball entering his head.

Crispus Attucks, a mulatto, killed on the spot, two balls entering his

breast.

. James Caldwell, killed on the spot, by two balls entering his

back.

. Samuel Maverick, a youth of seventeen years of age, mortally

wounded; he died the next morning.

. Patrick Carr mortally wounded; he died the 14th instant.

Christopher Monk and John Clark, youths about seventeen years of

age, dangerously wounded. It is apprehended they will die.

Mr. Edward Payne, merchant, standing at his door; wounded.

Messrs. John Green, Robert Patterson, and David Parker; all danger-

ously wounded.

The actors in this dreadful tragedy were a party of soldiers commanded by

Capt. Preston of the 29th regiment. This party, including

the Captain, consisted of eight, who are all committed to jail.

There are depositions in this affair which mention, that several guns

were fired at the same time from the Custom-house; before which this

shocking scene was exhibited. Into this matter inquisition is now

making. In the meantime it may be proper to insert here the substance of

some of those depositions.

Benjamin Frizell, on the evening of the 5th of March, having taken

his station near the west corner of the Custom-house in King street,

before and at the time of the soldiers firing their guns, declares (among

other things) that the first discharge was only of one gun, the next of

two guns, upon which he the deponent thinks he saw a man stumble;

the third discharge was of three guns, upon which he thinks he saw

two men fall; and immediately after were discharged five guns, two of

which were by soldiers on his right hand; the other three, as appeared

to the deponent, were discharged from the balcony, or the chamber

window of the Custom-house, the flashes appearing on the left hand, and

higher than the right hand flashes appeared to be, and of which the

deponent was very sensible, although his eyes were much turned to the

soldiers, who were all on his right hand.

What gave occasion to the melancholy event of that evening seems

to have been this. A difference having happened near Mr. Grays

ropewalk, between a soldier and a man belonging to it, the soldier

challenged the ropemakers to a boxing match. The challenge was accepted

by one of them, and the soldier worsted. He ran to the barrack in the

neighborhood, and returned with several of his companions. The fray

was renewed, and the soldiers were driven off. They soon returned with

recruits and were again worsted. This happened several times, till at

length a considerable body of soldiers was collected, and they also were

driven off, the ropemakers having been joined by their brethren of the

contiguous ropewalks. By this time Mr. Gray being alarmed interposed,

and with the assistance of some gentlemen prevented any further

disturbance. To satisfy the soldiers and punish the man who had been the

occasion of the first difference, and as an example to the rest, he turned

him out of his service; and waited on Col. Dalrymple, the commanding

officer of the troops, and with him concerted measures for preventing

further mischief. Though this affair ended thus, it made a strong

impression on the minds of the soldiers in general, who thought the honor

of the regiment concerned to revenge those repeated repulses. For this

purpose they seem to have formed a combination to commit some

outrage upon the inhabitants of the town indiscriminately; and this was to

be done on the evening of the 5th instant or soon after; as appears by

the depositions of the following persons, viz.:

William Newhall declares, that on Thursday night the 1st of March

instant, he met four soldiers of the 29th regiment, and that he heard

them say, "there were a great many that would eat their dinners on

Monday next, that should not eat any on Tuesday."

Daniel Calfe declares, that on Saturday evening the 3d of March, a

camp-woman, wife to James McDeed, a grenadier of the 29th, came into

his father's shop, and the people talking about the affrays at the

ropewalks, and blaming the soldiers for the part they had acted in it, the

woman said, "the soldiers were in the right;" adding, "that before

Tuesday or Wednesday night they would wet their swords or bayonets in

New England people's blood."

Samuel Drowne declares that, about nine o'clock of the evening of

the fifth of March current, standing at his own door in Cornhill, he saw

about fourteen or fifteen soldiers of the 29th regiment, who came from

Murray's barracks, armed with naked cutlasses, swords, &c., and came

upon the inhabitants of the town, then standing or walking in Coruhffl,

and abused some, and violently assaulted others as they met them; most

of whom were without so much as a stick in their hand to defend

themselves, as he very clearly could discern, it being moonlight, and himself

being one of the assaulted persons. All or most of the said soldiers he

saw go into King street (some of them through Royal Exchange lane),

and there followed them, and soon discovered them to be quarrelling

and fighting with the people whom they saw there, which he thinks

were not more than a dozen, when the soldiers came first, armed as

aforesaid. Of those dozen people, the most of them were gentlemen,

standing together a little below the Town House, upon the Exchange.

At the appearance of those soldiers so armed, the most of the twelve

persons went off, some of them being first assaulted.

The violent proceedings of this party, and their going into King

street, "quarrelling and fighting with the people whom they saw there"

(mentioned in Mr. Drowne's deposition), was immediately introductory

to the grand catastrophe.

These assailants, who issued from Murray's barracks (so called),

after attacking and wounding divers persons in Cornhill, as

abovementioned, being armed, proceeded (most of them) up the Royal

Exchange lane into King street; where, making a short stop, and after

assaulting and driving away the few they met there, they brandished their

arms and cried out, "where are the boogers! where are the cowards!"

At this time there were very few persons in the street beside themselves.

This party in proceeding from Exchange lane into King street, must pass

the sentry posted at the westerly corner of the Custom House, which

butts on that lane and fronts on that street. This is needful to be

mentioned, as near that spot and in that street the bloody tragedy was acted,

and the street actors in it were stationed: their station being but a few

feet from the front side of the said Custom House. The outrageous

behavior and the threats of the said party occasioned the ringing of the

meeting-house bell near the head of King street, which bell ringing

quick, as for fire, it presently brought out a number of inhabitants, who

being soon sensible of the occasion of it, were naturally led to King

street, where the said party had made a stop but a little while before,

and where their stopping had drawn together a number of boys, round

the sentry at the Custom House. whether the boys mistook the sentry

for one of the said party, and thence took occasion to differ with him,

or whether he first affronted them, which is affirmed in several

depositions,-however that may be, there was much foul language between

them, and some of them, in consequence of his pushing at them with

his bayonet, threw snowballs at him, which occasioned him to knock

hastily at the door of the Custom House. From hence two persons

thereupon proceeded immediately to the main-guard, which was posted

opposite to the State House, at a small distance, near the head of the said

street. The officer on guard was Capt. Preston, who with seven or eight

soldiers, with fire-arms and charged bayonets, issued from the

guardhouse, and in great haste posted himself and his soldiers in front of the

Custom House, near the corner aforesaid. In passing to this station the

soldiers pushed several persons with their bayonets, driving through

the people in so rough a manner that it appeared they intended to create

a disturbance. This occasioned some snowballs to be thrown at them

which seems to have been the only provocation that was given. Mr.

Knox (between whom and Capt. Preston there was some conversation

on the spot) declares, that while he was talking with Capt. Preston, the

soldiers of his detachment had attacked the people with their bayonets

and that there was not the least provocation given to Capt. Preston of

his party; the backs of the people being toward them when the people

were attacked. He also declares, that Capt. Preston seemed to be in great

haste and much agitated, and that, according to his opinion, there were

not then present in King street above seventy or eighty persons at the

extent.

The said party was formed into a half circle; and within a short time

after they had been posted at the Custom House, began to fire upon the

people.

Captain Preston is said to have ordered them to fire, and to have

repeated that order. One gun was fired first; then others in succession

and with deliberation, till ten or a dozen guns were fired; or till that

number of discharges were made from the guns that were fired. By

which means eleven persons were killed and wounded, as above represented.

______________________________________________________________________________

Part III.

The following is your instructor's summary of certain events immediately preceding the incident

on the Boston Commons of March 5, 1770. Based upon this account and considering the

information provided in Parts I & II., set forth in one brief paragraph your conclusion as to what

happened on the Bostom Commons on the evening of March 5, 1770 and why it happened.

In Boston, Massachusetts, throughout the months of January and February of 1770 a de facto,

but not a de jure boycott and embargo against British goods had been initiated by radical groups.

Organized into groups who styled themselves "Sons of Liberty" the radicals and initiated a

campaign of harassment and intimidation against local merchants who refused to join the embargo

and attempted to conduct "business as usual." As part of their campaign, signs had bene placed

on merchant's places of business denouncing those who conducted business. Most were

innocuous enough, consisting of the single word "IMPORTERS" with a painted hand pointing

directly to the place of business.

Small boys and street urchins had taken the opportunity to spatter mud and tar on the shops of

those merchants designated by the "Sons of Liberty", and occasionally upon the patrons of such

shops, but until February 22, 1770, no incident had erupted out of such antics. But on that date, a

sign appeared in front of the business of one Theophilus Lillie. Across the street from Lillie lived a

neighbor, Ebenezer Richardson. He saw the sign and crossed the street to remove it. That action

diverted the atention of street urcins congregated therabout, who began pelting Richardson with

sticks and stones.

Richardson retreated to his house where a verbal exchange began and quickly escalated. A

crowd gathered, consisting of several adults in addition to the street urchins, who began to pelt

the windows of Richardson's home, breaking a few panes of glass. Richardson retreated by

seizing a musket and opening fire upon the crowd with a load of swanshot. One pellet went

through the trousers of Robert Paterson, a sailor. Two others hit the nineteen year old sone of

John Gore. Eleven pellets entered the body of an eleven year old youth named Christoper Seider.

Young Seider died as a result.

Presented with a windfall, Sam Adams quickly moved to extract maximum propaganda value

from the death of Christopher Seider. On February 26th, aided by heavy newspaper publicity,

Adams staged a funeral billed as "the largedst perhaps ever known in America," for the fallen

"Patriot." The size and solemnity of the funderal staged showed the ease and aptness with which

Adams and the "Sons of Liberty" could transform an anonymous victim into a martyr. As it turned

out, Seider's celebrated corpse had not been four days in the ground when another incicent

occurred providing the radicals with more propaganda ammunition.

On March 2, 1770, Private Walker, a British soldier looking for off-duty part-time work,

approached the shop of John Gray, a rope and cable maker located near the Boston harbor, whose

business often solicited part-time labor. As he entered Gray's place of buisness, he was greeted

by one of the workers, William Green, who yelled, "Soldier, do you want work?" "Yes, I do,

faith." Said Walker. "Well," said Green, "then go and clean by shithouse."

Not surprisingly, a fight ensured, with Walker getting the worst of it. Drubbed and humiliated,

Walker beat a hasty retreat back to the barracks and from there he returned within the hour,

reinforced by eight of nine other privates, including William Warren. The ropemakers called for

assistance and again a fight ensued, this time a melee, in which once again the solders got the

worst of it. According to an eye witness to this event, a private by the name of Matthew Kilroy

fought well, as did Samuel Gray, a ropemaker.

By evening, word of the encounter had spread throughout most of Boston. Essentially, both

sides regarded the matter as unsettled. Thus the following day, Saturday, Private John Carroll

and two other soldiers tangled with a trio of ropemakers. Private John Rodgers ended up with a

fractured skull and arm as a result of the incident. On Sunday, one of the ropemakers, believing

that some of the soldiers were "Dogging" him, asked his room-mate, Benjamin Burdick, for

assistance when a soldier was seen loitering around the premises. Burdick approach the soldier

and asked him what he was doing. "I'm pumping shit," the soldier replied, whereupon Burdick

thrashed him until the soldier ran.

On Monday evening, March 5, 1770, another scuffle broke out between the soldiers and the

Boston's youths when Private Hugh White, on guard in front of the Custon House on the Boston

commons, took offense at some remarks directed his way by Edward Garrick, a young

wigmaker's apprentice. Garrick was promptly cuffed on the side of his head by Private White, and

ran down the street crying. His cries attracted the atention of others and a crown began to form.

Then church bells began ringing. This sound, generally an alarm for fire, attracted more attention.

Private White sounded the call for reinforcements. Captain Thomas Preston reponded with a

detail of guards, consisting of Corporal William Wemms and Privates John Carroll, Matthew

Kilroy, Seth Warren, Hugh Montgomery, james hartigan and William McCauley. What happend

nexst became the basis for the trials that followed. But as a fact: dead on the Boston Commons

were Samuel Gray, who had acquitted himself notably only two days earlier. Dead also was

Michael Johnson, ropemaker, with two bullets in his dhcewt. Dead was Crispus Attakus. Injured

were Robert Paterson, the wame whose trousers had been pierced with swanshot one week earlier

at the Richardon resident. Also injured were Patrick Carr, Samuel maverick, Edward Payne, dn

Kit Monk.

Same Adams lost not time. The next morning he and members of the "Sons of Liberty" were

getting affidavits under seal from sources, all of whom attested to being present at the

"massacre." thus prividing more amunition for the radeical cause. Paul Revene contributed to this

propaganda barrage by engraving a plate depicint ghe incident. It has since become an icon for

American nationalists.