1The published report, cited above, p. 60, contains the charge to the jury as given only by Judge Trowbridge and Judge Oliver. All that is extant of Judge Lynde’s charge to the jury is printed in The Diaries of Benjamin Lynde and of Benjamin Lynde, Jr., pp. 228-230.
ARTICLE SIGNED “VINDEX”
To the Printers.
That the trial of the soldiers concern’d in the carnage on the memorable 5th of March, was the most solemn trial that ever was had in this country, was pronounc’d from the bench. To see eight prisoners bro’t to the bar together, charg’d with the murder of five persons at one time, was certainly, as was then observ’d, affecting: But whoever recollects the tragedy of that fatal evening, will I believe readily own that the scene then was much more affecting—There is something pleasing and solemn when one enters into a court of law —Pleasing, as there we expect to see the scale held with an equal hand—to find matters deliberately and calmly weigh’d and decided, and justice administered without any respect to persons or parties, and from no other motive but a sacred regard to truth—And it is solemn as it brings to our minds the tribunal of GOD himself! before whose judgment-seat the scriptures assure us all must appear: And I have often tho’t that no one will receive a greater share of rewards at that decisive day, than he who has approv’d himself a faithful upright judge.
Witnesses who are bro’t into a court of justice, while their veracity is not impeach’d, stand equal in the eye of the judge; unless he happens to be acquainted with their different characters, which is not presum’d—The jury who are taken from the vicinity, are suppos’d to know the credibility of the witnesses: In the late trials the witnesses were most if not all of them either inhabitants of this town or transient persons residing in it, and the jurors were all from the country: Therefore it is not likely that they were acquainted with the characters of all the witnesses; and it is more than probable that in so great a number of witnesses there were different characters, that is, that some of them were more, others less creditable. If then the judge, whose province it is to attend to the law, and who, not knowing the characters of the witnesses, presumes that they are all good, & gives an equal credit to them, it is the duty of the jurors who are sovereign in regard to facts, to determine in their own minds the credibility of those who are sworn to relate the facts: And this in a trial for murder requires great care and attention. I would just observe here, that in the last trial there were not less than eighty- two witnesses for the jury to examine and compare, which was an arduous task indeed! And I will venture further to observe, that some of these witnesses who swore very positively were not so creditable as others, and the testimony of one of them in particular, which was very precisely related & very peremptory, might have been invalidated in every part of it. I shall not at present suggest what I take to be the reason why it was not done. These matters will no doubt have their place in the history of the present times in some future day, when the faithful recorder it is to be hoped will, to use the language of our courts of justice, relate the truth, the whole truth, and nothing but the truth.
It is enough for the jury to receive the law from the bench: They may indeed determine this for themselves; but of facts they are ever the uncontroulable judges. They ought therefore to receive the facts from the mouths of the witnesses themselves, and implicitly from no other: Unless the jury particularly attend to this, they may be in danger of being misled by persons who would be far from doing it with design: For instance, if one should swear that A being foreworn’d against it, levell’d his gun and kill’d B: and afterwards it should be forgot, that the witness also swore that A immediately advanc’d & push’d his bayonet at C, which pass’d between his waistcoat and his skin; if this I say should be forgot, and should be overlook’d by the jury when they are together, perhaps instead of bringing it in murder according to the rules of the law laid down by the bench, they would bring it in manslaughter—I do not here affirm that this has ever been a fact: I mention it as what may hereafter be a fact, and to show the necessity of a jury’s relying upon facts as they receive them from the witnesses themselves, and from them alone.
The furor brevis which we have heard much of, the fury of the blood which the benignity of the law allows for upon sudden provocation, is suppos’d to be of short duration—the shooting a man dead upon the spot, must have stopp’d the current in the breast of him who shot him, if he had not been bent upon killing—an attempt to stab a second person immediately after, infers a total want of remorse at the shedding of human blood; and such a temper of mind afterwards discovers the rancorous malice before, especially if it be proved that the same man had declated that he would never miss an opportunity so to do: If this does not imply malice at first, I do not see but he might have gone on stabbing people in his furor brevis, till he had kill’d an hundred; and after all, it might have been adjudg’d, in indulgence to the human passions, excuseable homicide.
The law in its benignity makes allowance for human passions: But the law is just; and make this allowance upon the principles of justice: It gives no indulgence to malice and rancour against any individual; much less against a community or the human species—He who threatens or thirsts for the blood of the community is an enemy to the publick; and hostis humani generis, the enemy of mankind consummates the villain. I will not take upon myself to say that either of these characters belong to any of the late prisoners—There are two remaining yet in gaol, convicted of manslaughter, and waiting judgment of the court. With regard to one of these, namely, Kilroi, it was sworn that about a week or a fortnight before (the 5th of March, which must be before the affray at the ropewalks, that happening on the 2d) he said he would never miss an opportunity of firing upon the inhabitants, and that he had wanted such—It is said that these might be words spoken in jest, or without any intention, when they were spoken, of acting according to their true import & meaning: But the witness said, he repeated the words several times: And that after he had told him he was a very great fool for saying so, he again declared he would never miss an opportunity.—It appears that the witness himself, as any one might, tho’t him to be in earnest, and rebuked him for saying so; and in truth, none but a madman, or one whose heart was desperately wicked, would repeatedly, especially after such wholesome reproof, have persisted in such a threat; It discovered, to borrow the expression of a very polite & humane gentleman, upon another late occasion, a malignity beyond what might have been expected from a Barbarian.
It was also sworn, that this same Kilroi was with a party of soldiers in the affray at the Ropewalks a few evenings before the 5th of March, —and that they had clubs & cutlasses—That Kilroi was of the party of soldiers that fired in King-street—that as the party came round before they form’d, Kilroi struck a witness upon his arm—and after the firing began, Kilroi struck at the same witness, tho’ he had hear’d nothing said, nor seen any thing done to provoke the soldiers. —Another witness declared, that he saw Kilroi there, that he knew him well before, and was positive it was he—that he heard the word fire, twice, upon which he said to the soldiers, damn you, don’t fire, and Kilroi fired at once, and killed Gray, who had no weapon, and his arms were folded in his bosom. Gray fell at the feet of this witness, and immediately Kilroi pushed his bayonet at the witness, which pass’d thro’ all his clothes, and came out at his surtuit behind, and he was oblig’d to turn round to quit himself of the weapon—the witness suppos’d he designed to kill them both.—How long is this furor brevis, this short hurricane of passion to last in the breast of a soldier, when called, not by the civil magistrate, but by his military officer, under a pretence of protecting a Centinel, and suppressing a Riot? who had taken with him weapons, not properly of defence, but of death, and was calm enough in this impetuosity of anger, to load his gun, and perhaps with design, to level it, for it killed one of the very men with whom he had had a quarrel but a few evenings before: He had now a fair opportunity, which he had wished for, and resolved never to miss, of firing upon the inhabitants. It was said upon the words he uttered, that if all the unjustifiable words that had been spoken by the inhabitants of this town, were to be bro’t in judgment against them, they would have much to answer for.—Those who believe the letters of governor Bernard, the Commissioners of the customs, and some others whom I could name, and will name in proper time, may think so. I dare say, if Bernard could have proved one overt-act of rebellion or treason, after the many things he pretended had been said, and he or his tools could have had any influence, the words if prov’d, would have been adjudg’d to have been said in sober earnest, and would have been considered as material to have shown the malignancy of the heart.
This Kilroi’s bayonet was prov’d to be the next morning bloody five inches from the point. It was said to be possible that this might be occassion’d by the bayonet’s falling into the human blood, which ran plentifully in the street, for one of their bayonets was seen to fall. It is possible, I own; but much more likely that this very bayonet was stab’d into the head of poor Gray after he was shot, and that this may account for its being bloody five inches from the point—Such an instance of Savage barbarity there undoubtedly was.—It was sworn before the Magistrate who first examined into this cruel tragedy, though the witness who then swore it, being out of this province, could not be produced in Court upon the trial. It is not to be wonder’d at that any material witness was out of the way, when it is consider’d that the trial did not come on till the secord term, and nine months after the facts were committed. I shall continue the subject at my leisure.
VINDEX.
Dec. 11th.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 24, 1770.]
To the Printers.
In the late trials of Preston and the Soldiers, it was observ’d that the Court constantly from day to day adjourn’d at noon and at sun-set —Our enemies, who are fruitful in their inventions, may possibly from hence take occasion to represent that it was dangerous for the Court to sit in the tumultuous town of Boston after dark. At the first view it may perhaps bear this complexion in the eye of a prejudiced stranger; for such adjournments in capital causes it may be were never before known here: But the representation would be without the least foundation in truth. It is possible that among other reasons this might be one, that the judges are all of them, to use the words of a good old Patriarch, well stricken in years, and one of them labours under infirmities of Body. I have another observation to make on this occasion, but I reserve it till a future opportunity.
I have already said that the Soldiers in coming down from the main- guard to the custom-house behaved with an haughty air—that they abused the people as they pass’d along—pushing them with their bayonets—and damning them; and when they had got to their post, they in like manner abused and struck innocent persons there who offer’d them no injury—and all this was even before they form’d, in doing which it does not appear to be danger to them or any one else. These facts, I think were prov’d, if we may believe persons of good credit, who declared them upon their oaths in Court:—And that they came down under a pretence of suppressing a riot, without a civil magistrate or peace officer, which ought always to be remembered, no one will dispute.
There was indeed a sort of evidence bro’t into Court, which, if it is at all to be rely’d upon, may serve to invalidate in some measure what has been said—namely the declaration of one of the deceas’d persons, as it was related by a gentleman who dress’d his wounds, and to whom he is said to have declared it. This man, as the doctor testified, told him among many other things, that he saw some Soldiers passing from the main-guard to the custom-house and the people pelted them as they went along. But whether these Soldiers were Preston and his party; or other Soldiers who are mention’d by another witness, as going from the main-guards towards the Centry, having short coats and arm’d with bayonets, swords or sticks, and one of them with a pair of kitchen tongs, chasing the people as they went, must remain an uncertainty—If he meant the former, it is somewhat strange that among all the witnesses on both sides, no one saw the people pelting them as they went along but he. This man confess’d to the doctor that he was a fool to be there—was surprized at the forbearance of the soldiers; believed that they fired in their own defence & freely forgave the man that shot him. But it is to be observed, he did not declare this under oath nor before a magistrate: It was however the dying speech,—very affecting and all, true no doubt; altho’ no one knew the character of this believing penitent either in point of veracity or judgment.—By the testimony of his land-lady in Court, one would not form the best opinion of him; but de mortuis nil nisi bonum.
There were others ready to be sworn, if the Council for the crown had thought it worth while to have bro’t them forward, that they also could relate what this man had told them, viz. that his doctors had encouraged him that he would soon recover of his wounds, and he hoped to live to be a swift witness against the soldiers—Great stress was laid by some upon the simple declaration of this man, who in all probability died in the faith of a roman catholick. This, however, I am apt to think, will not disparage his declaration in the opinion of some great men at home, even tho’ he did not make his confession to a ghostly physician.
Before I proceed to enquire into the danger the Soldiers were in, if they were in any at all, and who were in fault, I will take the liberty to lead the reader back to a consideration of the temper the Soldiers in general discovered, and their correspondent conduct, for some considerable time before the fatal tragedy was acted—It is well known indeed that from their first landing, their behavior was to a great degree insolent; and such as look’d as if they had enter’d deeply into the spirit of those who procur’d them,—and really believed, that we were a country of rebels and they were sent here to subdue us. But for some time before the fifth of March, they more frequently insulted the inhabitants who were quietly passing the streets; and gave out many threats, that on that very night the blood would run down the streets of Boston, and that many who would dine on Monday would not breakfast on Tuesday; and to show that they were in earnest they forewarn’d their particular acquaintance to take care of themselves—These things were attested before the magistrates by credible persons under oath.—Accordingly when the Monday evening came on, they were early in every part of the town arm’d with bludgeons, bayonets and cutlasses, beating those whom they could, and assaulting and threatning others—By the way, I will just observe for the information of a certain honorable gentleman, that the name of bludgeons was unheard of in this town till the Soldiers arrived—This behavior put the inhabitants in mind of their threatenings; and was the reason that those of them who had occasion to walk the streets, came out arm’d with canes or clubs. Between eight and nine o’clock, the Soldiers in Murray’s barracks in the centre of the town rush’d out with their naked cutlasses insulting, beating and wounding the inhabitants who were passing along: This, in so frequented a street, naturally collected numbers of people who resented the injury done and an affray ensued—About the same time a difference arose in King- street, between a centry there and a barber’s boy, who said to his fellow-apprentice in the hearing of the centry “there goes Capt.——- who has not paid my master for dressing his hair:” The centry foolishly resented it, and word took place; and the boy answering him with pertness, & calling him a name, the centry struck him. Here was the first assault in King-street.—But for what reason the evidence of this matter was not bro’t into Court, at the last trial, as it had been at the trial of Preston, the reader if he pleases may conjecture. At the same time a gentleman not living far from the custom-house, and hearing as he tho’t a distant cry of murder, came into the street, which he had just before left perfectly still, and to use his words, “never clearer”: He there saw a party of Soldiers issue from the mainguard, and heard them say, damn them where are they, by Jesus let them come; and presently after another party rush’d thro’ Quaker-lane into the street, using much such expressions:—Their arms glitter’d in the moon-light. These cried fire, and ran up the street and into Cornhill which leads to Murray’s barracks; in their way they knocked down a boy of twelve years old, a son of Mr. Appleton, abused and insulted several gentlemen at their doors and others in the street:— Their cry was, damn them, where are they, knock them down; and it is suppos’d they join’d in the affray there, which still continued—They also then cried fire, which one of the witnesses took to be their watch-word.
By this time the barber’s boy had return’d to the centry with a number of other boys to resent the blow he had received: The centry loaded his gun and threatened to fire upon them, and they threatened to knock him down—The bells were ringing as for fire: Occasion’d either by the Soldiers crying fire as is before mention’d, for it is usual in this town when fire is cried, for any one who is near a church to set the bells a ringing; or it might be, to alarm the town, from an apprehension of some of the inhabitants, that the Soldiers were putting their former threats into execution, and that there would be a general massacre: It is not to be wonder’d at, that some persons were under such apprehensions; when even an officer at Murray’s barracks, appeared to encourage the Soldiers and headed them, as it was sworn before the magistrate.—This officer was indicted by the grand jury, but he could not be found afterwards—Some other officers, and particularly lieutenants Minchen and Dickson, discovered a very different temper.
The ringing of the bells alarmed the town, it being suppos’d by the people in general there was fire; and occasion’d a concourse in King- street which is a populous part of it. As the people came into the street, the barber’s boy told them that the centry had knock’d him down—and a person who had come into the street thro’ Royal-exchange lane, which leads from Murray’s barracks, (and possibly had observ’d the behavior of the Soldiers there) and seeing the centry, cried here’s a Soldier—Various were the dispositions and inclinations of the people according to their various “feelings” no doubt; for mankind, it is said, “act from their feelings more than their reason:” The cooler sort advis’d to go home: The curious were willing to stay and see the event, and those whose feelings were warmer, perhaps partook of the boys resentment. So it had been before at Murray’s barracks, and so it always will be among a multitude: At the barracks some, to use the expression of one of the witnesses, called out home, home; while some in their heat cried, huzza for the main-guard—there is the nest—This was said by a person of distinction in court, to savour of treason! Tho’ it was allow’d on both sides, that the main- guard was not molested thro’ the whole evening.
I would here beg the reader’s further patience, while I am a little more particular, in relation to the affray at Murray’s barracks; for it may be of importance to enquire how it began there.—Mr. Jeremiah Belknap, an householder of known good reputation, had been sworn before the magistrate; and why he was not bro’t in as a witness at the trial, is not my business to say, and I shall not at present even conjecture—Mr. Belknap, who lived in Cornhill near Murray’s barracks, testified, that on the first appearance of the affray there, hearing a noise he ran to his door, and heard one say he had been struck by a Soldier: he presently saw eight or nine Soldiers arm’d with clubs and cutlasses, come out of Boylston’s alley, which is a very short passage leading from Murray’s barracks into the street—he desired them to retire to the barracks—one of them with a club in one hand and a cutlass in the other, with the latter, made a stroke at him: Finding no prospect of stopping them, he ran to the main-guard and called for the officers of the guard—he was inform’d, there was no officer there—he told the Soldiers, with drawn cutlasses, who he suppos’d were of the party from Murray’s barracks—Another gentleman, one of the prisoners witnesses, swore in Court, that a little after eight o’clock he saw at his own door, which is very near the barracks, several Soldiers passing and repassing, some with clubs, others with bayonets: And then he related the noise & confusion he afterwards heard, & the squabble he saw, but no blows—that he saw two Soldiers, each at a different time, present his gun at the people, threatning to make a lane through them; but the officers drove them in—The tragedy was compleated very soon in King-street—The firing was reserv’d for another party of Soldiers, not much if at all to their discredit in the judgment of some, and under the command of an officer who did not restrain them. The witness heard the report of the first gun soon after the people cried home, home; and declared that he tho’t they had fired upon the main guard, for he heard the drum at the main guard beat to arms—Another, who was sworn in Court, a witness for the Crown declared, that about nine o’clock, passing near Draper’s (or Bolyston’s) alley, which leads into Murray’s barracks, and thro’ which he intended to go, he heard some boys huzzaing—he judged there were not more than six or seven, and they were small; they ran thro’ dock-square towards the Market—Presently after he saw two or three persons in the alley with weapons—a number of Soldiers soon sallied out, arm’d with large naked cutlasses, assaulting every body coming in their way—that he himself narrowly escaped a cut from the foremost of them who pursued him; and that he saw a man there, who said he was wounded by them and he felt of the wound—The wounded man stopped, and this occasioned the people who were passing to gather round him— Thinking it dangerous fo him to proceed, the witness returned home— A Captain of the 14th, one of the prisoners witnesses was also sworn in Court: He testified that in Cornhill he saw a mob collected at the pass (Boylston’s alley) leading to Murray’s barracks—the people were pelting the Soldiers he tho’t had a fire-shovel—as soon as they knew him, he prevailed on them to go to the bottom of the pass, and with some difficulty he got down—This witness, it seems, must have been later than the others; and Mr. Belknap, perhaps gives as early an account of it, as any can, but the Soldiers themselves.
I would only ask how it came to pass that the Soldiers, on that particular evening, should be seen abroad, in every part of the town, contrary to the rules of the army, after eight o’clock—If the officers, who should have restrain’d them, were careless of their duty, whence was so general a carelessness among the officers at that juncture? It was said, there was no officer at the main-guard, which may in part account for it. Or, if the Soldiers were all at once ungovernable by their officers, and could not be restrain’d by them, a child may judge from the appearance they made, that there had been a general combination, agreable to their former threats, on that evening to put in execution some wicked and desperate design.
VINDEX.
Dec. 18th.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 24, 1770.]
To the Printers.
SOMEBODY, in Mr. Draper’s paper of Thursday last, charges me with PARTIALITY, in my two first performances on the subject of the late Trial—I DENY THE CHARGE, AND DESIRE HE WOULD EXPLAIN HIMSELF. He also says, I freely charge PARTIALITY on others: I UTTERLY DENY THAT ALSO; AND CALL UPON HIM TO POINT OUT ONE INSTANCE. He desires the publick would not be influenced by any remarks made by me on the late Trials: WITH REGARD TO THAT, THE PUBLICK WILL DO AS THEY PLEASE. He INSINUATES that I have cast the most INJURIOUS reflections upon Judges, Jury and Witnesses: AGAIN, I DENY IT.—It remains then that he either retract his charges or proves them: Otherwise the publick will judge him to be guilty of something worse than “THE FAULT” OF PARTIALITY. He THREATENS to bring out some facts which were not allowed to be given in evidence: THIS IS WHAT I EARNESTLY DESIRE, FOR THE REASONS I HAVE ALREADY MENTION’D. And among other FACTS he intends, to ASCERTAIN THE PERSON IN A RED CLOAK, mention’d on the trial, IF VINDEX AND HIS Adherents DESIRE it. Vindex has no Adherents but in the cause of truth: And Vindex, FOR THE SAKE OF TRUTH, REQUESTS IT AS A FAVOR THAT THE PERSON IN A RED CLOAK MAY BE ASCERTAINED. He says that this person WAS DECLARED BE SOME OF THE WITNESSES, TO HAVE BEEN VERY BUSY AT THE BEGINNING OF THE TRAGEDY; I affirm, that neither of the witnesses declared that he was VERY BUSY at the beginning, or any part, of the Tragedy. There were two only that made mention of him, viz. Mr. WILLIAM HUNTER & Mr. JAMES SELKRIG: The one declared that in dock-square “there was a tall gentleman in a red Cloak; that he stood in the midst of them (the people); that they were whist for some time, and presently huzza’d for the main guard: The other said, there was a gentleman with a red Cloak & a large white Wig; that he made a speech to them (the people) 4 or 5 minute—(this witness mention’d nothing of their HUZZAING for the main guard, which one would have thought must have been OBSERVABLE by ALL, but only adds) they went and knock’d with their sticks, and said they would do for the soldiers—What THE TALL GENTLEMAN said, neither of them could tell.—I cannot help observing here, that some of the late LETTER-WRITERS from hence to London, have mark’d the RED CLOAK AND WHITE WIG, as the garb of a Boston HYPOCRITE; but I have never yet heard it hinted, that such a dress was the peculiarity of an ACTOR in TRAGEDIES—Great pain have been taken to make the world believe that men of “estates, of figure and religion” had formed a plan, BEFORE THE 5TH OF MARCH, to drive off the soldiers; witness a DEPOSITION LATELY PUBLISH’D: And perhaps it may be the LOW CUNNING of this writer to INSINUATE, that there was a mob at that time, AND FOR THAT PURPOSE, on dock-square; and that their leader MUST be a man of figure in the town, BECAUSE HE WORE A RED CLOAK—As it is not yet known what the TALL GENTLEMAN WITH A RED CLOAK said to the people; whether he gave them good or ill advice, or any advice at all, we may possibly form some conjecture concerning it, when his PERSON is ascertained. THE SOONER IT IS DONE THE BETTER.
VINDEX.
Dec. 22.
TO JOHN WILKES.
[MS., British Museum; a draft is in the Samuel Adams Papers, Lenox Library; a text is in W. V. Wells, Life of Samuel Adams, vol. i., pp. 377, 378.]
BOSTON Decr 28 1770
SIR
Having been repeatedly sollicited by my friend, Mr William Palfrey,1 I embrace this opportunity of making my particular compliments to you, in a Letter which he will deliver. My own Inclination had coincided with his Request; for I should pride myself much, in a Correspondence with a Gentleman, of whom I have long entertaind so great an Opinion. —No Character appears with a stronger Luster in my Mind, than that of a Man, who nobly perseveres in the Cause of publick Liberty, and Virtue, through the Rage of Persecution: Of this, you have had a large Portion; but I dare say, you are made the better by it: At least I will venture to say, that the sharpest Persecution for the sake of ones Country, can never prove a real Injury to an honest Man.
In this little Part of the World - a Land, till of late happy in its Obscurity - the Asylum, to which Patriots were formerly wont to make their peaceful Retreat; even here the stern Tyrant has lifted up his iron Rod, and makes his incessant Claim as Lord of the Soil: But I have a firm Perswasion in my Mind, that in every Struggle, this Country will approve her self, as glorious in defending & maintaining her Freedom, as she has heretofore been happy in enjoying it.
Were I a Native and an Inhabitant of Britain, & capable of affording the least Advice, it should constantly be; to confirm the Colonies in the fullest Exercise of their Rights, and even to explore for them every possible Avenue of Trade, which should not interfere with her own Manufactures. From the Colonies, when she is worn with Age, she is to expect renewed Strength. But the Field I am entering, is too large for the present: May Heaven forbid, that it should yet be truly said of Great Britain, Quam Deus yult perdere, -!
I am with strict Truth
Sir
Your most humbe Servt
1See above, page 9.
ARTICLE [SIGNED "VINDEX."]1
[MS., Samuel Adams Papers, Lenox Library.]
To THE PRINTER
In my last I considerd the Temper which the Soldiers in general had discoverd and the threats they had [utter'd] previous to the fifth of March together with their correspondent Behavior on that alarming Evening. I was the more brief, because there had been a narrative of the horrid massacre, printed by the order of this Town, which was drawn up by a Comt appointed for that purpose; and reported by their Chairman, JAMES BOWDOIN Esqr. The affidavits which are annexd to the narrative were each of them taken before two Justices of the Peace Quorum Unus to perpetuate the remembrance of the thing: Coll William Dalrymple, chiefe Commander of the Soldiers, was duly notified by the Justices to attend the Captions: And His Honor the Lt Governor certified, under his Hand with the province Seal annexd, that full faith & Credit was & ought to be given to the several Acts & Attestations of the Justices, both in Court & without.
The Candor of the Town indeed was such, that at their meeting in March, 2 by a Vote they restraind their Committee from publishing the narrative, lest it might unduly prejudice those whose lot it should be to be jurors to try these Causes: This restraint they continued by a Vote at their meeting in May,3 & untill the Trials should be over . . . plaud; as it discovered a Sense of Justice; as well as the greatest Humanity4 towards those men who had wantonly lit the hearts Blood of citizens like Water upon Ground. A Temper far from vindictive; calm and moderate, at a time, when if ever they might have been expected to be off their Guard: And yet, so barbarous & cruel, so infamously mean & base were the Enemies of this Town, who are the common Enemies of all America & of the Truth it self, that they falsly inserted in the publick news papers in London the Inhabitants had seizd upon Capt Preston hung & hung him like Porteus upon a Sign Post! -
I shall now in a few ……… endeavor to show the Temper which some of the Soldiers, (by whom I do not now particularly mean the late Prisoners), discoverd at & after the fatal Catastrophes. Readers may have observd, that I am careful to distinguish between the evidence given in Court from that which was given out of Court, Witnesses to this point, it ought not to be supposd, were admissible at the Trial, unless perhaps the one immediately following: That a credible Person, who is mistress of a reputable family in the Town. She testified before the Magistrates, & was ready to swear it in Court, if she had been called, that on the Evening of the 5 of March a number of Soldiers were assembled from Greens Barracks & opposite to her Gate, which is near those Barracks - that they stood very still until the Guns were fired in Kingstreet; then they clapd their Hands & gave a Cheer, saying, this is all we want; they then ran to their Barrack & came out again in a few minutes, all with their arms, & ran towards Kingstreet.5 These Barracks were about a quarter of a mile from Kingstreet: Their standing very still, untill they heard the firing, compared with their subsequent Conduct, looks as if they expected it; it seems, as though they knew what the Signal should [be], & the part they were to act in Consequence of it. This perhaps may be thought by some to be too straining: I will not urge it, but leave it to any one to judge, how far if at all, it affords Grounds of Suspicion, that there was an understanding between the Soldiers in Kingstreet at the time of the firing & these; especially, if it be true as has been said, that they fired without the Command of their officers - There was another Witness similar to this; an housholder of good reputation, who testified, that the Soldiers from Greens Barracks rushd by him with their Arms towards Kingstreet, saying this is our time or chance; that he never saw6 Dogs so greedy for their prey as they seemd to be, and the Sergeants could hardly keep them in their ranks.7
Another swore, that after the firing, he saw the Soldiers drawn up in the Street, and heard Officers [as] they walked backwards & forwards say, Damn it, what a fine fire that was! How bravely it dispersd the mob!8 A person belonging to Hallifax in Nova Scotia, testified that when the Body of troops was drawn up before the Guard house (which was presently after the Massacre) he heard an officer say to another, that this was fine work, just what he wanted.9 I shall add but one more to this List, and that is the Testimony of a Witness, well known for an honest man in this Town, who declared, that at about one o'Clock the next morning, as he was going alone from his own house to the Town House, he met a Sergeant of the 29th with Eight [or] nine Soldiers, all with very large Clubs & Cutlasses when one of them speaking of the Slaughter, swore by God it was a fine thing & said you shall see more of it.10 These Testimonies it is confessd would not be pertinent to the Issue of the late Tryal: But I think it necessary to adduce them here to convince the World of the wretched Condition this town was in, the Reasons they had to apprehend & the necessity they were under constantly to be upon their Guard while such were quarterd among them: Much was brot into Court to show that the Town was in a State of disorder on the Evening of the 5 of March previous to the Affray at Murrays Barracks; Witnesses were admitted to testify that they were met by one & another armd with Clubs.11 But Nothing appeard there to show the Cause & even the Necessity of it.11
To these, I cannot help subjoining the Testimony of Mr John Cox, a very reputable Inhabitant of this town; who swore in Court at one of the late trials, that after the firing, he went to take up the dead - that he told the Soldiers, it was a cowardly trick in them to kill men within reach of their Bayonets, with nothing in their hands, and that the officer said, damn them, fire again & let them take the Consequence! - to which he replyd you have killed . . . already to hang you all - But he was mistaken.
It is a Mistake to say the soldiers were in danger from the Inhabitants. The reverse is true; the Inhabitants were in danger from the Soldiers. With all the Indulgence which was & perhaps ought to be shown to Prisoners upon Tryal for Life, not a single Instance of any Injury offerd to Soldiers was provd, except at Murrays Barracks, & not even there but in return for intollerable Insults. Many Witness[es] were ready if called for to testify to the Insults & Abuse offerd by the Soldiers to the Inhabitants in various parts of the Town.
Thus one of the prisoners Witnesses testified in Court that at 7 o'Clock going to the South End he met forty or fifty in small Parties, four or five in a party. It has been testified by a credible Witness that before the fifth of March, the Soldiers were not only seen making their Clubs, but from what the Witness could collect from their Conversation, they were resolvd to be revengd on Monday13 and divers others swore to the same purpose; They did not indeed say, whether they knew them to be soldiers or Inhabitants: It is as probable that they were Soldiers as Inhabitants; for it was sworn before the magistrates by a person of Credit, that on the Saturday before he saw the Soldiers making Clubs; Another was ready to testify in Court that thirty of these Clubs or Bludgeons were made, by the Soldiers, in his own Shop. And in the part of the Town where the Witness was going, a Gentleman was attackd by two Soldiers, one of them armd with a Club & the other with a broad Sword; the latter struck him, & threatned that he should soon hear more of it. It was notorious that the Soldiers were seen frequently on that evening armd with Clubs - but in the Judgment of some men, every party that was seen with Clubs, or in the modern term, Bludgeons, to be sure must have been Inhabitants. If the Soldiers were in such Danger why were they not kept in their Barracks after Eight o'clock agreable to their own orders? In stead of this we find the Testimony of a person, who was not an Inhabitant of the Town, that being at the South End on that Evening exactly at Eight o'Clock he saw there Eleven Soldiers: An officer met them …..orderd them to appear at their respective places at the time: and if they should see any of the Inhabitants of the Town, or any other people not belonging to them, with Arms, Clubs or any other warlike weapon more than two being assembled together to order them to stop, & if they refusd, to stop them with their firelocks, and all that should take their part - the officer went Northward & the Soldiers Southward.
These were orders discretely given indeed! And well becoming a Gentleman in any Command, over troops sent here, or as the Minister pretended, to aid the civil Magistrate in keeping the peace, & with directions never to act without . . . Will any one think the Town could be safe, even from this band of Soldiers only, especially while under such direction & influence - This is a single Instance -No wonder that when the Bells soon after rang as for fire, & the people in that same part of the town came into the Streets with Bucketts, they should be told by some, as a Gentleman who was a Witness in Court for the prisoners swore they were, that they had better bring Clubs than Bucketts - Such Appearances were enough to put the Town in Motion. It is a Mistake to say the Soldiers were in danger from the Inhabitants; the reverse is true: The Inhabitants were in danger from the Soldiers. With all the Indulgence which was shown, and perhaps ought to be shown to Prisoners at the bar, upon trial for Life, not a single Instance was provd, of any Abuse offerd to any Soldier that Evening, previous to the insolent Behavior of those of them who rushd out of Murrays Barracks & fell upon all whom they met: on the Contrary, there had been many Instances of their insulting & assaulting the Inhabitants indiscriminately in every part of the Town.
As it was said in Court that the unhappy persons who fell a Sacrifice to the Cruel Revenge of the Soldiers, had brot their Death upon their own heads, I shall finish this paper in saying what ought to be said in behalf of those who cannot now speak for themselves. - Mr Maverick a young Gentleman of a good family & a blameless Life, was at Supper in the House of one of his friends, and went Out when the bells rang as for fire. .Mr Caldwell, young Seaman & of a good Character, had been at School to perfect himself in the Art of Navigation, and had just returnd to the house of a reputable Person in this town to whose daughter he made his visits with the honorable Intention of Marriage: He also went out when the bells rang. W Gray was of a good family, he was at his own house the whole of the Evening, saving his going into a Neighbours house to borrow the News paper of the day & returning: He went out on the ringing of the Bells; and altho a Child swore in Court that he saw him with a Stick after the bells rang, yet another Witness saw him before he got into Kingstreet without a Stick, Others saw him in Kingstreet & testified that he had no Stick, and when he was shot, the Witness then testified, as is mentiond in a former paper, that he had no Stick & his Arms were folded in his bosom; so that it is probable the young Witness mistook the person. Mr Attucks, it is said was at his Lodgings & at Supper when the bells rang; Witnesses indeed swore that they afterwards saw him with a Club, & great pains were taken to make it appear that he attackd the Soldiers, but the proof faild; even Andrew, a Negro Witness whom I shall hereafter mention, testifies that he thot Attucks was the Man who struck one of the Soldiers, but could not account how he could get at such a Distance, as he was when he fell, the Soldier firing so soon. Others swear that he was leaning on his Stick when he fell, which certainly was not a threatning posture. It may be supposd that he had as good Right to carry a Stick, even a Bludgeon, as the Soldier who shot him had, to be armd with Musquet & ball; & if he at any time lifted up his Weapon of Defence, it was surely not more than a Soldiers leveling his Gun at the Multitude chargd with Death - If he had killed a Soldier, he might have been hangd for it, & as a traitor too, for to attack a Soldier upon his post, was declared Treason; But the Soldier shot Attucks & killed him, & he was convicted of Man Slaughter! As to Mr Car, the other deceasd person, it is doubtful with what Intent he came out. He was at Mr Fields house when the Bells rang; Mr Field & another Witness who was at the House, testify that Car went upstairs and got his Sword.
1 This article in the form as published is printed at pages 110- 122. 2 March 26. Boston Record Commissioners' Report, vol. xviii., p. 20. 3 0n July 10, the town meeting defeated a motion that the printers be allowed to sell the printed narrative. ibid., p. 34. 4 The words "& Impartiality" were stricken out at this point. 5 see Narrative first Edit. Apendix page 68. 6 At this point the words "Men or" were stricken out. 7 Idem. 8 page 69. 9 page 22. 10 Page 61. 11 The remainder of this paragraph is crossed out in the draft. Cf., page 108. 12 Narrative Appendix page 4. 13 id, pa. 4 - this alludes to the affrays at the ropewalk: The Soldiers at Greens Barracks had made three Attacks upon the ropemakers when they were at their Work, in revenge for one of them being told by one of the hands in the Walk, that "if he wanted work he might empty his Vault." Enough to enkindle the flame of resentment in the Breast of a common Soldier, who of all men has the most delicate Sentiments of honor! Two of the prisoners were of the party in these noble Exploits, as was testified in Court.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, December 31, 1770.]
To the PRINTERS.
IN my last, I consider'd the temper which the Soldiers in general, had discover'd, and the threats they had utter'd, previous to the 5th of March, together with their correspondent behavior, on that alarming evening. I was the more brief, because there had been a "Narrative of the horrid Massacre," printed by the Order of this Town; which was drawn up by a Committee appointed for that purpose, and reported by their Chairman, James Bowdoin, Esq. The Affidavits which are annexed to the Narrative, were each of them taken before two Justices of the Peace, Quorum Unus, to perpetuate the remembrance of the thing: Col. William Dalrymple, chief Commander of the Soldiers, was duly notified by the Justices to attend the Captions: And his Honor the lieutenant-governor, certified under his hand with the Province Seal affixed, that full faith and credit was, and ought to be given to the several Acts and Attestations of the Justices, both in Court and out. - It will be own'd by the impartial World, that nothing could be fairer: I am not, however, at all surprized, to find, publish'd in a late New-York Paper, a letter said to be written in this Town, in which among other chit-chat, it is asserted, that from the borders of Connecticut to Boston, there are people who "exclaim against the Town for imposing on the Country by false Representations:" This Narrative has been in a Manner adopted by the Province; for I am assured, that in the last Session of the General Assembly, the House of Representatives, generously granted to the Town a sum of Money to defrey the Charge of a vessel, hired for no other Purpose but to carry it to London; that his Majesty's Council concurr'd with the House in the grant, and his Honor the lieutenant-governor gave his Assent to it. - Arts have been used, and are still using, to detach the rest of the Colonies from this Province; and the same arts are every day practised, to divide the Towns in this Province from the Capital. It is the Machiavellian Doctrine, Divide et impera -Divide and Rule: But the people of this Province and of this Continent are too wise, and they are lately become too experienc'd, to be catch'd in such a snare. While their common Rights are invaded, they will consider themselves, as embark'd in the same bottom: And that Union which they have hitherto maintain'd, against all the Efforts of their more powerful common Enemies, will still cement, notwithstanding such trifling letter writers as these.
The candor of this Town was indeed such, that at their annual Meeting in March, by a vote, they restrain'd their Committee from publishing the Narrative here, altho' it was printed, lest it might unduly prejudice those, whose Lot it might be, to be Jurors to try these Causes: This Restraint, they continued at their Meeting in May, and untill the Trials should be over.-A Caution, which all good Men will applaud: As it discover'd a sense of Justice; as well as the greatest Humanity towards those Men, who had spilt the blood of Citizens, like Water upon the Ground! -A temper far from vindictive - Calm and sedate, when it might have been expected, if ever, they would be off their guard. And yet so barbarous and cruel, so infamously mean and base were the Enemies of this Town, who are the common Enemies of all America and of the Truth itself, that they had it falsely inserted in the public News-Papers in London, that the Inhabitants had seiz'd upon Capt. Preston and hung him, like Porteus upon a sign-post!
I shall now, in a few instances, endeavor to show, the temper which many of the Soldiers discover'd after the fatal Catastrophe was over. The Reader may have observed, that I am careful to distinguish, between the Evidence given in Court, from that which was given out of Court: Witnesses to this point, it is not to be suppos'd, were admissible at the Trial; unless perhaps the one immediately following: This is a creditable person who is Mistress of a reputable family in the Town. She testified before the Magistrates, and was ready to swear it in Court, if she had been called, that on the Evening of the 5th of March, a number of Soldiers were assembled at Green's Barracks, and opposite to her Gate, which is near those Barracks; that they stood very still, until the Guns were fired in King-Street; then they clapped their hands and gave a Cheer, saying, this is all we want; they then ran to their Barracks and came out again in a few minutes, all with their arms, and ran towards King-Street.1 - These Barracks are about a quarter of a Mile from King-Street: Their standing very still untill they heard the firing, compared with their subsequent Conduct, looks as if they expected it: It seems as tho' they knew what the signal should be, and the part they were to act in consequence of it. This, perhaps, may be tho't by some to be too straining: I will not urge it; but leave it to any one to judge, how far, if at all, it affords grounds of Suspicion, that there was an understanding, between the Soldiers in King-Street at the time of the firing, and these; especially if it be true, as has been said, that they fired without the command of their officer.- There was also a Witness, an householder of good reputation, whose testimony was similar to this: That the Soldiers from Green's Barracks, on that Evening, rushed by him, with their arms, & ran towards King-Street, saying, this is our time or chance; that he never saw Dogs so greedy for their Prey, and the Serjeants could hardly keep them in their Ranks 2 - Another swore, that after the firing, he saw the Soldiers drawn up under Arms, and heard the officers, as they walked backwards and forwards say to one another, Damn it, what a fine fire that was! How bravely it dispers'd the Mob3 - A gentleman belonging to Halifax in Nova Scotia testified that when the body of Troops was drawn up before the guardhouse (which was presently after the Massacre) he heard an Officer say to another, that this was fine work, just what he wanted!4 - I shall add but one more to this list, and that is, the testimony of a Witness, well known in this Town for an honest man; who declared that at about one o'Clock the next morning, as he was going alone from his own House to the Town-House, he met a Serjeant of the 29th with eight or nine Soldiers, all with very large Clubs and Cutlasses, when one of them, speaking of the Slaughter, swore by God, it was a fine thing, and said, you shall see more of it.5 - To these I cannot help subjoining, the testimony of Mr. John Cox, a very reputable Inhabitant of this Town ; who swore in Court at one of the late trials, that after the firing, he went to take up the dead; that he told the Soldiers, it was a cowardly trick in them to kill men within reach of their Bayonets, with nothing in their hands; and that the officer said, damn them, fire again, and let them take the consequence - to which he replied, you have killed enough already to hang you all: But it has since appeared that he was mistaken. - There are others, who saw, a very large party from the Southguard, after the firing, take their post under Liberty- Tree; by which one would think they intended to act the same part which the Soldiers in New-York had before done, as indeed some of them had threatened they would, and which would probably have bro't on a new scene of confusion. But the commanding officer, very prudently ordered the regiment to be under arms, which prevented it.
If these testimonies would not have been pertinent to the issue of the late trial, I think it necessary to adduce them here, to convince the world of the wretched state this Town had been in; the reason they had to apprehend, while such blood-thirsty inmates were quarter'd among them ; and the necessity they were tinder, constantly to be on their guard, while there were even such exultations at the barbarous "action" of the Evening.
Much was bro't into Court, to show that the Town was in a state of disorder on that Evening, and previous to the Affray at Murray's Barracks; Witnesses were admitted to testify, that they had been met by one and another arm'd with Clubs; but nothing appeared there, to show the Cause and even the necessity of it: Thus, one of the prisoners witnesses testified in Court, that at seven o'clock, going to the South-End of the Town, he met forty or fifty in small parties, four or five in a party; and divers others swore to the same purpose: They did not indeed say, whether they knew them to be Inhabitants; it is as probable, that they were Soldiers, as inhabitants, if not more so; for it was sworn before the Magistrates, by a person of credit, that on the Saturday before, he saw the Soldiers making Clubs.6 Another was ready to testify in Court, that thirty of these Clubs or Bludgeons, were made by the Soldiers, in his own Shop. And in the part of the Town where the before-mentioned witness was going, a gentleman was early in the Evening attacked by two Soldiers, one of them arm'd with a Club, and the other with a broad Sword; the latter struck him, and threatned that he should soon hear more of it.7 It was notorious, that the Soldiers were frequently seen on that Evening, arm'd with Clubs, as well as other Weapons; and the night before, very late, it can be prov'd that forty or fifty of them were seen, thus arm'd, in several parts of the Town in terror of his Majesty's subjects: But in the judgment of some men, every party that was seen with Clubs, or in the modern term, bludgeons, to be sure, must have been inhabitants. It had been testified, that on the Saturday before the fifth of March, the Soldiers, had not only been seen making their Clubs, as is before mentioned, but from what the witness could collect from their conversation, they were resolved to be reveng'd on the Monday.8 If they were in such danger, as some will pretend they were, pray, why were they not kept in their Barracks, especially after eight o'clock, according to their own rules? Instead of this, we find the testimony of a person, who was not an inhabitant of the Town: that being at the South-End on that Evening, exactly at Eight o'Clock, he saw there Eleven Soldiers; an officer met them, and order'd them to appear at their respective places at the time; and if they should see any of the inhabitants of the Town, or any other people not belonging to them, with Arms, Clubs or any other warlike Weapon, more than two being assembled together, to order them to stop: and if they refused, to stop them with their firelocks, and all that should take their part - The officer went Northward and the Soldiers Southward9 - Here were orders discretely given indeed! And well becoming a gentleman, in any command over troops, sent here, as the Minister pretended, to aid the civil Magistrate in keeping the peace; and with directions never to act without one. Will any one suppose, that the Town could be safe, even from this band of Soldiers only; especially while under such direction and influence. This is a single instance -No wonder that when the bells soon after rang as for fire, & the people in that same part of the Town, came into the Street with their Buckets, they were told by some, as a gentleman who was a witness in Court for the prisoners said they were, that they had better bring their Clubs than their Buckets - Such appearances were enough to put the Town in Motion - It is a glaring mistake to say, the Soldiers were in danger from the inhabitants: The reverse is true; the inhabitants were in danger from the Soldiers. - With all the indulgence which was shown, and perhaps ought to have been shown to prisoners at the bar, upon trial for life, not a single instance was prov'd, of abuse offer'd to Soldiers that Evening, previous to the insolent behavior of those who rush'd out of Murray's Barracks, with Cutlasses, Clubs and other Weapons, and fell upon all whom they met: On the contrary, there had been many instances of their insulting and even assaulting the Inhabitants in every part of the Town; and that without Discrimination ; which did not look, as if they design'd to seek revenge, for any former Quarrel, upon particular persons.
As it was said, in Court that the unhappy Persons who fell a sacrifice to the cruel revenge of the Soldiers, had brought their death upon their own heads, I must not omit saying, what I think ought to be said, in behalf of those who cannot now speak for themselves - Mr. Maverick, a young gentleman of a good family and a blameless life, was at supper in the house of one of his friends, and went out when the Bells rang as for fire. Mr. Caldwell, a young seaman and of a good character, had been at School to perfect himself in the art of Navigation; and had just return'd to the house of a reputable person in this town, to whose daughter he made his visits, with the honorable intention of Marriage: He also went out when the bells rang. Mr. Gray was of a good family; he was at his own house the whole of the Evening, saving his going to a neighbour's house to borrow the News-Paper of the day and returning; He went out on the ringing of the bells; and altho' a child swore in Court, that he saw him with a stick, after the bells rang, yet another witness saw him before he got into King-Street without a stick; others saw him in King-Street and testified that he had no stick; and when he was shot, the Witness at whose feet he fell, declared, as is mentioned in a former Paper, that he had no stick, and his arms were folded in his bosom; so that it is probable, the young Witness mistook the person. Mr. Attucks, it is said, was at supper when the bells rang; he went out as others did, to enquire where the fire was; in passing thro' Dock-Square, he saw the affray at Murray's Barracks; and hearing a man say that if any one would join, he would drive the Soldiers into the Barracks, he join'd; & they two were principally concerned in doing that piece of service. Great pains were taken to make it appear that he attacked the Soldiers in King-Street, but the proof fail'd: He was leaning upon his stick when he fell, which certainly was not a threatning posture: It may be supposed that he had as good right, by the law of the land, to carry a stick for his own and his neighbor's defence, in a time of such danger, as the Soldier who shot him had, to be arm'd with musquet and ball, for the defence of himself and his friend the Centinel: And if he at any time, lifted up his weapon of defence, it was surely, not more than a Soldiers levelling his gun charg'd with death at the multitude: If he had killed a Soldier, he might have been hanged for it, and as a traitor too; for even to attack a Soldier on his post, was pronounc'd treason: The Soldier shot Attucks, who was at a distance from him, and killed him,. - and he was convicted of Manslaughter. - As to Mr. Carr, the other deceas'd person, it is doubtful with what intent he came out: He was at the house of one Mr. Field, when the bells rang; Mrs. Field, and another witness who was at the house, declared that Carr went up Stairs, and got his Sword, which he put between his Coat and his Surtout, and it was with difficulty that they prevail'd upon him to lay by his Sword: They could not persuade him to keep in: It does not appear that he took any part in the contest of the Evening: He was soon shot: and tho' dead, he afterwards spoke in Court, by the mouth of another, in favour of the prisoners; declaring among other things already mentioned, that he was a native of Ireland, and had often seen mobs and Soldiers fire upon them there, but never saw them bear half so much before they fired as these did.
The conduct of the Soldiers and of the people in King-Street, shall be the Subject of a future Paper. In the mean time, I must desire Philanthrop, who appear'd in the last Evening Post, if he pleases, to read again what I observ'd upon the case of Killroi in particular, in this Gazette of the 17th Inst;1 and to consider, whether he did me justice in saying, that I had publish'd "the only piece of Evidence produc'd against Killroi and argued upon that alone:" I then publish'd several material pieces of Evidence against him; and upon the whole concluded, that what was called the furor brevis was, in my opinion, of rather too long - a continuance, to come within the indulgence of the law. I then tho't, and I believe I am far from being singular in thinking it; that for a man repeatedly to say, that he had wanted an opportunity of firing upon the inhabitants ever since he had been in the Country and that he would never miss an opportunity of doing it; and afterwards, when forewarn'd against it, to fire upon the inhabitants, kill one man upon the spot, and then unrelentingly attempt to stab another, who had not offer'd him any injury, all which was sworn in open Court: If such a man is not, hostis humanis generis, he discover'd at least, a total want of remorse at the shedding of human blood, as well as rancorous malice from the beginning. Philanthrop further says, that "there was no evidence given in Court" of the wound in Mr. Gray's head; and "that it is, in the highest degree unjust, to blame the Court and jury for not regarding evidence which they never heard": If he will candidly recur to the aforementioned Paper he will find, that I expressly said, that the witness being out of the Province, the evidence of so savage an act of barbarity could not be produc'd in Court; nor did I take it upon me to "blame the Court and Jury for not regarding it " - "I do not charge Philanthrop with a design" to amuse his readers in this, or any other instance; but if he intends to continue the subject, I would advise him to be more cautious lest he misleads them for the future. Again he says "the impossibility of the bayonets being bloody the next morning, is demonstrable from this, that every gun and bayonet of the party was scowered clean that very night"; but to borrow his own words "it is certain no such evidence was given in Court": If this could have been proved, I dare say it would have been done without fail. Philanthrop may suppose it to be true, from its being, as he says, "the constant practice of the army after firing"; but such a vague supposition will not invalidate the oaths of creditable witnesses in open Court, who swore that Killroi's bayonet was bloody, five inches from the point.
To vilify and abuse "the most amiable and respectable characters," I detest from the bottom of my heart: At the same time, I leave it to Philanthrop, or any one who pleases, to write Panegyricks, on the living or the dead.
VINDEX.
Dec. 25th.
1 Narrative Appendix p. 68 2 Idem p. 68 3 Idem 69. 4 Idem. 22. 5 Idem.61 6 Idem.4. 7 Idem. 12. 8 Idem. p. 4, This alludes to the affray at the Ropewalks: The Soldiers at Green's Barracks had made three attacks upon the Ropemakers, while they were at work, in revenge, for one of them being told by a hand in the Walk that "if he wanted work he might empty his Vault": Enough, to enkindle the flame of resentment, in the breast of a common Soldier, who of all men has the most delicate sentiments of Honor. Two of the Prisoners were of the party in these noble Exploits, as was testified in Court. 9 Idem. P. 48.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, December 31, 1770.]
Messieurs PRINTERS.
I Desire you would correct the following mistake I made in your last paper. I said "there were two only of the witnesses in the late trial that made mention of the tall Gentleman in a red cloak and white wig, viz. Mr. Hunter and Mr. Selkrig": In looking over my minutes, I find there was another, viz. Mr. Archibald Bowman, who also made mention of him. Mr. Bowman testified, that they (the people in dock-square) "stood thick round him some time, and after cried huzza for the main guard"; in which he agreed with Mr. Hunter: But he declared, that he did not remember their striking their sticks at Simpson's Store, & saying, they would do for the Soldiers, tho' Mr. Selkrig, who was with him at the same time, declared, that those words were spoken by numbers at Simpson's Store. Mr. Selkrig mention'd nothing of their saying huzza, &c. From all which we may conclude, that these cries were not general; especially, as other witnesses declared that the people also cried, home, home. Mr. David Mitchelson testified, that "they cried, they would go to the main guard, and that the effect soon followed": But they went not to the main guard, nor was the main guard attack'd thro' the whole evening. He further said, the bells were ringing. - The truth is, the generality of the people of the town thought there was a fire; but not knowing where, they naturally, in passing thro' the main streets, from the north and south parts of the town, stopped in dock square, which is in the center: There, they found there was not fire; but that the soldiers at Murray's barracks, had, if I may use the expression, broke loose. Mr. Selkrig said, that the [people] "made unsuccessful attacks upon the barracks"; but immediately adds, "that he saw nothing" (of the attacks, I suppose; for it was impossible he should see them, there being a stone building between the house in which he was, and the barracks) but that "they went up the alley and came back suddenly"; which corresponds with what another of the prisoners witnesses said, who was on the other side of the stone building, and therefore could see; viz, that the soldiers several times presented their guns at the people: Mr. Selkrig must be candidly suppos'd to intend, that he judg'd the people to have made attacks upon the barracks, and unsuccessfully, from seeing them retreat only: But his conclusion might not be well grounded: It is as natural to conclude that these sudden retreats were occasioned by the soldiers attacking the people, as they had before done; and their levelling their guns and threatning to make a lane thro' them, as was sworn in open court. Mr. Dickson, who was with Mr. Selkrig, and the other Scotch gentleman at Mr. Hunter's house, declared, that "a party came running down the alley, as if they had met with opposition there"; which confirms what Mr. Selkrig had said of their sudden retreats, and strengthens the supposition I have now made.
But the writer in Mr. Draper's paper of the 20th Instant, has not yet fulfilled his promise to "ascertain the person" in a red cloak: I am sollicitous that the publick should know the very man; and the rather, because it has been impudently insinuated, that he was a gentleman in office in this town.
VINDEX.
Dec. 27.
ARTICLE SIGNED “VINDEX."
[Boston Gazette, January 7, 1771]
To the PRINTERS.
I Have taken occasion to mention the unhappy persons, who lost their lives on the fatal fifth of March And I think it must appear to every candid reader, that they were totally unconnected with each other; and that it cannot be even suspected, that either, or to be sure, more than one of them had any ill intention in coming abroad on that evening; much less, that they were combin'd together to do any sort of mischief: Nay, it is even to be doubted, whether they ever had any knowledge of each other. I will further observe, that there was not the shadow of evidence to prove, that any other persons, excepting the Soldiers, had form'd a design to commit disorders at that or any other time: Unless credit is to be given in a court of law, to the hearsay of an hearsay; the story which one man told another at sea, and months after the facts were committed: Evidence which was in vain objected to by the council for the crown; but to the honor of one of the prisoners council was by him interrupted and stopped. This worthy gentleman declared in open court that it was not legal, and that it ought not to have the least weight in the minds of the jurors; upon which it was ruled, that the witness should proceed no further, and he was dismiss'd.
I come now to consider the tragical scene, as it was acted in King-street; in doing which, I shall confine myself chiefly, to the evidence as it was given in court: If I vary from the truth, let Philanthrop, or any one else correct me; it is far from my design: And I am willing to appeal for facts, to the book which Philanthrop has told us of; provided always, that the facts are there stated with impartiality and truth: This I think it necessary to premise, because I find it advertiz'd, that the book is to be publish'd, not by the direction, but with the permission of the court: A distinction, which appears to me to be of some importance.
It may be necessary, first to enquire into the situation the centinel was in, for whose relief the party was said to have afterwards gone down. By the testimony given in court, by Col. Marshall, who had spent the evening at a friend's house in dock- square, it appears that at nine o'clock all was quiet there; and passing thro' Royal - exchange lane into King street, where the centry was, he found all as peaceable there; "the street never clearer," was his expression. It is probable that very soon after this, the difference arose between the centry and the barber's boy; for Col. Marshall testified, that some time after, he heard a distant cry of murder; and it is without doubt the centry struck the boy, with his gun, - It was then that Colonel Marshall saw a party turn out from the main-guard, and soon after another party rush'd thro' Quaker-lane, all arm'd - It is probable, that these were the Soldiers who, as they ran into Cornhill, abus'd the people there, as I have before mention'd: Upon the appearance of these parties, it is said, that the barber's boy, and his fellow- apprentice, ran either into his Master's or a neighbor's shop. - Mr. William Parker, one of the prisoner's witnesses declared, that when he came into King street, which was after the affray began at Murray's barracks, all was quiet and peaceable: But presently the barber's boy, with two or three more, came to the centry - they push'd one another against him (in resentment it is to be suppos'd for) they said, he had knock'd the boy down - In the trial of Capt. Preston, the boy himself swore in Court, that the centry had struck him with his bayonet. Mr. Parker adds, that presently a number, about fifteen, came thro' Silsby's lane, which leads from Murray's barracks, with sticks like pieces of pine in their hands - The most of them small boys, 1 or 2 of them large lubbers, as he called them - they said, let us go to the main-guard; by which it does not appear that they interested themselves in the dispute with the centry, nor does it appear that they molested the main- guard, if they went up to it - Soon after, five or six more came up Royal exchange lane, which also leads from Murray's barracks, with sticks like the others; but neither did the witness say, that these interfered with the centry - Mr. Parker further said, that he went up by Mr. Jackson's corner, and met twenty or thirty more coming out of Cornhill, a good many men among them, some with sticks and some with walking canes - These opened the matter to him; and told him there had been a squabble at Murray's barracks, but that the Soldiers were driven in, and all was over. - These different parties met in a cluster, at and near Quaker lane, and not long after seem'd to disperse; and he soon went off himself, not leaving above twelve or fifteen in the street: And, just as he got home, which might not be more than ten minutes, he heard the bells ring, and the guns discharg'd - No one I believe will dispute the veracity, either of Col. Marshall or Mr. Parker Mr Edward Payne, a merchant of note in this town, was also summoned as a witness for the prisoners, and his testimony will undoubtedly be rely'd upon, by all who know him or his character. Mr. Payne came out after Mr. Parker left the street; for he declared in Court, that at 20 minutes after nine, when the bells rang, he went out into the street, and was told, as Mr. Parker had been, that the soldiers had sallied out of their barracks, and had cut & wounded a number, but were driven in again - He declared that the centinel was walking by himself, and no body near him - so that the barber's boy and his three or four comrades, were at that time gone off - He heard a considerable noise in Cornhill, and a noise of people coming up Silsby's alley - they were inhabitants: Fourteen or fifteen, perhaps twenty, passed by him, some with sticks, others without; as many of the latter as the former - They cried where are they? It is necessary to connect the circumstances, as the facts are related: Here therefore I will remind the reader, that besides the Soldiers that came out of Murray's barracks, and who now may be suppos'd to have been driven in, there was also a party that had issued from the main guard, and another party of Soldiers who came thro' Quaker-lane, all arm'd with naked cutlasses, &c. who went into Cornhill not long before, and there insulted every person they met: These were the men whom the persons mentioned by Mr. Payne, in all probability refer'd to, when they cried, where are they. - Certainly no persons could be tho't blame-worthy, for pursuing a banditti, who had already put a number of peaceable people in great terror of their lives, with a design to prevent their doing further mischief: There is no foundation to suppose, that they had any other design: Yet these are the persons, who, as some would have it, were the faulty cause of the slaughter, that afterwards ensued: It was indeed unfortunate that they happened to take that rout; for Mr. Payne added, that a lad came up and said, that the centry had knock'd down a boy, upon which the people turn'd about, and went directly to the centry: By which, one would think, that they had no design to attack the centry before: and that they would not even have spoken to him, had they not been told that he had injured the boy: Till then, the centry had not been the object of their attention; and I must insist upon it, that they had then as good right by the law, to resent the injury done to the boy, as the party from the main-guard had afterwards, to resent the injury done, if there was any, to the centry - The prudence in either case I will not undertake to vindicate - Mr. Payne further said, he was afraid of what might happen from the peoples surrounding the centry, and wished they might be taken off - He returned to his own door, which is nearly on the opposite side of the street, and there heard the people cry to the centry, fire, damn you, why don't you fire. - I have just observ'd, that Mr. Payne expressed his concern at the peoples surrounding the centry: Mr. Henry Knox, another witness for the prisoners, a young gentleman of a very good reputation, was probably near the centry while Mr. Payne was at his own door - He testified in court, that the people were round the centry, and they said he was going to fire - That he was waving his gun- That he (Mr. Knox) told him, if he fired he must die - That in return he damn'd them, and said, that if they molested him, he would fire - That the boys were damning him and daring him to fire - That he heard one say he would go and knock him down for sweeping (his gun) - that he thought the centry snapped - He added that he saw nothing thrown at the centry, altho' he was near him till after the party came down and Mr. Payne finished his testimony with saying, that he perceived nothing but the talk that led him to think the Soldiers would fire.
Mr. Leigh, and Mr. Frost, both witnesses for the prisoners, testified, that the barber's boy came up to the people, and pointing at the centry, said, here 's the son of a b—ch that knocked me down; upon which one of the witnesses said, the people cried kill him - Both said, that the centry ran to the custom- house steps, knocked at the door, but could not get in - neither of them mention'd any thing thrown at him, nor any attack upon him - he prim'd and loaded his gun and levelled it; told the people to stand off, and called to the main-guard; upon which Capt. Preston and his party came down - Mr. Bulkly, summoned also by the prisoners, testified that he thought the centry was in danger, by the number of people about him, and the noise; and mentioned no other reason for his thinking so - he said that a person told Capt. Preston, that they were killing the centry - This person was probably one Thomas Greenwood, a servant in the custom-house; for he himself declared before the magistrates, that he was in the custom-house, and went from thence to the main-guard, and told one of the Soldiers, if they did not go down to the centry, he was afraid they would hurt him, tho' he had not seen any person insult him - This man, at the same time depos'd, that he saw two or three snow balls fall near the steps of the custom-house, but saw no person throw any stones; tho' he had placed himself in the most convenient room in the house for observation - Mr. Harrison Gray mention'd the people round the centry, making use of opprobrious language, and threatening; but said nothing of their attacking him, or throwing anything at him - Mr. Hinckley declared, that the people went to the centry, and at last some of them cried kill him, but did not see any attempt to hurt him - Mr. Cornwall swore, that he saw snow balls and 2 or 3 oyster shells thrown at the centry, but did not think they hit him - he heard several young gentlemen perswading the people to go off, and believed they all would have gone off, if the Soldiers had not come down - Mr. Helyer declared, that he came into King-street, and saw the centry and twenty or thirty persons - some boys at their diversion - The centry wav'd his gun in a way that had a tendency to exasperate the people - Mr. Brewer saw the centry with his bayonet breast high - a number of boys, twenty or more round him, talking but doing nothing. Mr. Bailey was standing with the centry on the custom-house steps - saw 20 or 30 boys of about 14 years old - they were throwing pieces of ice at him, large and hard enough to hurt him, but did not know whether they hit him. This must appear very strange as he was so near him - his standing with him on the steps, would lead one to think he was an acquaintance of the centry; which is confirmed by another circumstance, for he said that when the party came down, one of the Soldiers put his bayonet to his breast, and the centry told him not to hurt him - Mr. Simpson swore, that the centry knock'd at the customhouse door - that a person came to the door and spoke to him, upon which he turn'd and loaded his gun - There was one witness, and I think but one, who mention'd pieces of sea-coal thrown at the centry; and that was Andrew a Negro - A fellow of a lively imagination indeed! - One, who I believe could tell as good a story even to my lord of H. and give his lordship as circumstantial an account of "the unhappy transaction", as some, who have already had the honor of doing it, & who may think themselves to be Andrew's betters - he is remarkable for telling romantick stories in the circles of his acquaintance - And whether his fancy had beguil'd his own judgment, or whether he had a mind to try his success at painting upon so serious an occasion, or lastly, whether he was resolv'd to do his utmost to save the prisoners, I pretend not to say; but he certainly made some folks believe, that the ashes made of sea-coal burnt with great savings in the adjacent offices, were like the cinders thrown out of a blacksmith's shop -Andrew's evidence, if not his judgment, was greatly rely'd upon; and the more, because his master, who is in truth an honest man, came into court and swore to his character; and further said, that Andrew had told him, that He really believ'd the inhabitants were to blame - It is, I am apt to think, in general true, that no man knows so little of the real character of his servant, as the master himself does: It is well known, that the Negroes of this town have been familiar with the soldiers; and that some of them have been tamper'd with to cut their master's throats: I hope Andrew is not one of these. His character for integrity and even for learning, for he can both read & write, has been upon this occasion wrought to so high a pitch, that I am loth even to hint any thing that may tend to depreciate it; otherwise, I should say, that there are some, whose kitchens Andrew has frequented, who will not give him quite so exalted a character, as others, who had not known him, thought he deserved. - Several others, witnesses for the prisoners testified to the same purpose; that the people encroach'd upon the centry; that he loaded his gun and threatned to fire upon them; and that they in return dared him to fire, and throw'd a few snow balls. Mr. Hall said, that he presented his gun at the people, and they threw snow balls and some oyster-shells at him; and they hit his gun two or three times - Mr. Payne who saw the centry when he was alone, and until the party came up and fired, "perceived nothing but the talk, that he thought would have induced him or any of the Soldiers to fire": Words are not an assault, and could not warrant him to fire: Mr. Knox and others saw nothing thrown at him nor any attack made on him: Mr.——-and some others said, they saw snow balls and other things thrown at him; but it appears very probable, from the course of the evidence, that if any thing was thrown at him, it was not till he had loaded his gun, threatened to fire, & waved it in such a manner as tended to exasperate people; and as Mr. Knox tho't, had snapped his gun. The first assault was made by the centry himself, when upon a foolish provocation in words only, he struck the barber's boy: He renewed the assault, when he loaded his gun and presented it upon the people, threatning to fire upon them: In doing this, he put his Majesty's subjects in terror of their lives, against the law of the land; and they would have been justified in seizing him at least - If he had thought himself in danger, instead of threatning the lives of others, he must first, according to the law of the land, have retreated if he could, and even from his post: Other doctrine, I know, has been strongly inculcated of late, by those who would set up, or tamely yield to, an uncontroulable military power; but I trust in God, it will never be established here: It never can, while the people entertain a just idea of the nature of civil government, and are upon their guard against the daring encroachments of arbitrary, despotic power. The people were inclin'd to disperse, and did disperse, in the beginning of this childish dispute; as appeared by the evidence of Mr. Parker: And notwithstanding the mutual animosity, if the reader pleases, which afterwards arose between the centry and them, they would have finally dispers'd, in the opinion of another witness, if the party had not come down from the main-guard.