Legal Papers of John Adams Volume 3, Cases 63 and 64 Front Matter Title Page Copyright Page Contents Descriptive List of Illustrations Documents R. Criminal Law, continuedThe Boston Massacre Trials:Rex v. Preston; Rex v. Wemms1770 Editorial Note List of the Documents in Rex v. Preston (No. 63)List of the Documents in Rex v. Wemms ( 64 No.) Rex v. PrestonSuffolk Superior Court, Boston 7 March 17707 September 1770Indictment and Arraignment of Preston, The Soldiers, and The CiviliansMarch, 7 September, 1770 At his Majesty's Superiour Court of Judicature Court of Assize and General Goal delivery, begun and held at Boston, within and for the County of Suff... 24 October 1770Adams' Notes of Authorities For the Preliminary Argument24 October 1770By the Statute of Wm. Prisoner intituled to a Copy of the Indictment 5 days and of the Panel 2 days before the Tryal. And extended by Equity or by Fav... 24 October 1770Paine's Minutes of the Preliminary Argument24 October 1770Question of the Prisoner having a Right by Statute of W. to a Copy of the Panel. Court divided on the question whether the Prisoner not a list of Ju... 24 October 177025 October 1770Anonymous Summary of Crown Evidence24–25 October 1770Edward Gerrish. I heard a noise about 8 Clock and went down to Royal Exchange lane. Saw some Persons with Sticks coming up Quaker lane. I said Capt. G... 25 October 1770Paine's Minutes of Samuel Quincy's Argument for The Crown25 October 1770Mr. Quincy. 3 Inst. 47 4 Black 195. Definition of Murder 1 Haw. p. 80. §18. What killing of Malice prepense. 1 H.H. 451 F. 261 §3 3 Inst. 62 Key. 127.... 25 October 177027 October 1770Anonymous Summary of Defense Evidence25–27 October 1770William Jackson. On the 5 of March I went to Capt. Preston's lodging. Heard the bell. Ran out. Came down to my shop. Met a man who told me the People ... 1 October 177031 October 1770Adams' Notes of Authorities for His Argument for the DefenseOctober 17702. H.H.P.C. 290. Tutius Semper est errare in acquietando, quam in puniendo ex Parte misericordiae, quam ex Parte Justitiae. 305. Tutius erratur ex Par... 27 October 1770Paine's Minutes of Adams' Argument27 October 1770Adams. It is certain a great bitterness between Soldiers and Inhabitants. No Evidence applys to Soldiers in Goal nor to Capt. Preston. It was Prestons... 27 October 1770Paine's Minutes of Auchmuty's Argument for the Defense27 October 1770Auchmuty. Something horrid in agitation by the Bells ringing. I have but little Charity for those that can only see on one side. Palmes Evidence may b... 29 October 1770Adams' Minutes of Paine's Authorities29 October 1770Paines Authorities. Foster 278. Plea of self Defense. Nailors Case. 290. 291. §2. Slight provocation and ——. Instances in Illustration. 295. A uses pr... 29 October 1770Anonymous Minutes of Paine's Argument for the Crown29 October 1770Mr. Pain, for the Crown. It remains for me to close this Cause on the part of the Crown. It's importance Gentlemen is not confined to the small Circle... 29 October 1770Adams' Minutes of Trowbridge's and Oliver's Charges to the Jury29 October 1770Judge Trowbridge. 1. H.H.P.C. 442. 8 Soldiers. 7 Guns fired. 5 Persons killed. Query whether it must not be proved which Soldier killed which of the d... 29 October 1770Paine's Minutes of Cushing's and Lynde's charges to the Jury29 October 1770J. Cushing. It is odd the Town should think of doing Justice by a Mob. The principal Question whether the Prisoner gave Order. J. Lynde. Principal Que... 1 October 177031 October 1770Charges to The Jury as Printed In the Annual RegisterAbout Monday noon the judges began their charge. Judge Trowbridge, who spoke first, entered largely into the contradictory accounts given by the witne... Rex v. WemmsSuffolk Superior Court, Boston 7 September 177027 November 1770Arraignment, Impaneling, Crown's Opening and Evidence7 September, 27 November 1770On Saturday i.e. Tuesday, the 27th November, 1770, the Court being met, the prisoners were brought into Court and set to the bar, when the Court proce... 27 November 1770Adams' Minutes of Crown Evidence27 November 1770James Dodge . . .seemed to come from close before them, i.e. I took it, the snow was flung on Purpose. I took it, the? soldiers pushed, to keep the In... 27 November 177028 November 1770Adjournment27–28 November 1770N.B. The Court being unable to go through this trial in one day, the King's Attorney and the prisoners consented to the Court's adjourning over night ... 28 November 1770Adams' Minutes of Crown Evidence, Continued28 November 1770James Brewer. To the best of my Remembrance I saw Kilroy. I came up royal exchange Lane, and saw the Sentry with his Bayonett breast high, and a Numbe... 28 November 177029 November 1770Adjournment28–29 November 1770SIX o'clock, p.m. the Court adjourned to Thursday morning 29 November Nine o'clock. Thursday NINE o'... 29 November 1770Adams' Minutes of Crown Evidence, Concluded, and of Samuel Quincy's Argument for the Crown29 November 1770Jos. Crosbey.Kilroys Bayonett appeared to be covered with Blood 5 or 6 Inches, next day. James Carter. The next Morning I observed Kilroys Bayonett to... 29 November 1770Samuel Quincy's Argument for the Crown29 November 1770May it please your Honours, and you Gentlemen of the Jury. Having gone through the evidence on the part of the crown, it is my province to support the... 29 November 1770Adams' Minutes of Josiah Quincy's Opening for the Defense29 November 1770Josa. Quincy. 3 main Divisions, under the last there will be many Sub divisions. 1st. whether any killd. 2. Who killed 'em? Wherever a Doubt the Bias ... 29 November 1770Josiah Quincy's Opening for the Defense29 November 1770May it please your Honours, and you Gentlemen of the Jury. The prisoners at the bar stand indicted for the murder of five of his Majesty's leige subje... 29 November 1770Adams' Minutes of Defense Evidence29 November 1770James Crawford. At dark that night, I went home and was not out till next morning. I met Numbers of People that night as I went home, going down with ... 29 November 177030 November 1770Adjournment29–30 November 1770FIVE o'clock p.m. the Court adjourned till next morning, Friday, 30 November nine o'clock. Friday, NINE o'clock, the Court me... 30 November 1770Adams' Minutes of Defense Evidence, Continued30 November 1770Dr. Richard Hyrons. About 7 o Clock. Saw several soldiers at my own door a little after 8, passing and repassing, some with Clubbs, some with Bayonett... 30 November 17701 December 1770Transcript of Remaining Defense Evidence30 November–1 December 1770On the evening of the 5th of March I was at my lodgings, I heard a noise, and went out towards Union-street, and saw people coming from the North-end,... 29 November 17701 December 1770Adams' Digest of Evidence29 November–1 December 1770James Crawford. Went home to Bulls Wharf at dark about 6 O Clock. Met Numbers of People, going down towards the Town House, with sticks. At Calfs Corn... 3 December 1770Josiah Quincy's Argument for the Defense3 December 1770Monday 3 December, NINE o' Clock, the Court met according to adjournment, and proceeded. May it please your Honours, and you ... 3 December 17704 December 1770Adams' Argument for the Defense3–4 December 1770May it please your Honours and you Gentlemen of the Jury, I am for the prisoners at the bar, and shall apologize for it only in the words of the Marqu... 4 December 17705 December 1770Paine's Argument for the Crown4–5 December 1770May it please &c. It now remains to close this Cause on the part of the Crown, a cause, which from the Importance of it has been examined with such mi... 4 December 17705 December 1770Adjournment4–5 December 1770TUESDAY 4 December, half past FIVE o'Clock, p.m. (Mr. Paine not having gone through his argument) the Court adjourned to Wednesday morning, Eight o'Cl... 5 December 1770Trowbridge's and Oliver's Charges to the Jury5 December 1770Gentlemen of the Jury, William Wemms, James Hartegan, William McCauley, Hugh White, Matthew Killroy, William Warren, John Carrol and Hugh Montgomery, ... 5 December 1770Paine's Minutes of Cushing's and Lynde's Charges to the Jury5 December 1770Judge Cushing. The longest Tryal I have ever known. The Party in King Street had a right to beat. Judge Lynde. 8 Prisoners. No Body can wonder that on... 5 December 1770Lynde's Charge to the Jury5 December 1770If therefore on the whole of the evidence offered, you should be of the mind that this meeting of the soldiers was lawful, as they were enjoyned it by... 5 December 1770Verdicts5 December 1770After the Court had summed up the Cause, the Jury withdrew for about two hours and an half, and then returned to the Court. Clerk of the Court. Gentle... Back Matter List of Streets, Buildings, and Other Landmarks Mentioned in the Boston Massacre Trials Chronology Index
