Robert Treat Paine Papers, Volume 2
The Extraordinary Business you are Engaged in1 forbids a hope of Seeing you in a leisurely moment to say anything of Self; and tis irksome thus to intrude on your retirement with Domestick Concerns, but my situation requires it, I am returnd to the town not able to bear the Damps of the Country air. Here I have been greatly recruited, & tho' feebly, once more crawl on the face of the Earth. My friends have been, & are very assisting to me But I must provide soon a habitation for winter. I find I cant Board as I have done, the terms run much higher among Strangers; and I know not what to do. You must tell me what I can do. You are satisfied I dont doubt that I seek no more than a Comfortable Passage thro' life and I desire you to assist me with your Counsel how to obtain it honestly.
You find I am a Daughter of mother Eve & desire more Knowledge and Shoudn't I know what I can do before I say what I will do? Dispair of seeing you has put me on this Expedient to obtain your thots for a while that you may know what I woud say. If you can find a moment to look in on me I am with Miss Polly Nicolson, not Strong Eno' to bear the variety of Company with Mrs. Adams. My head has aked for you the week past but I hope you have got thro' Honourably. Thanks for your horse which carried me to Newtown to finish off & bring away my Night Cap. You are Expected I hear to Sup at mr. Adams's this Even'g & thither I Shall convey this to attend you to your Lodgings that you may unnoticed hear the Petition of Your Ever desiring,
The first case in the Boston Massacre Trials, that against Capt. Thomas Preston (Rex v. Preston), began on Oct. 24 and went to the jury at 5 o'clock P.M. on Oct. 29 (See Adams, Legal Papers [Cambridge, Mass., 1965], 3:22, 46–98).
RTP noted the following in his diary during the trial:
October
24 Do. began the Trial of Capt. Thos. Preston, for murder on 5th March last. Court adjourn'd at night. I was Council with Saml Quincy for the Crown
25 Trial coned. very cold night hard Frost
26 Trial Contd. harvested 20 bushl. Carrots & 30 Potatoes
27 Fair. Trial Contd. at night adjd. to Monday.
28 Do. PM heard Dr. Witherspoon at Dr. Coopers
479
29 Do. Frosty. I Closed the arguments for the Crown & the Cause given to the Jury at 5 oClock PM
30 Jury brought in not Guilty, & Capt. Preston went without day. Court adjd. to 3 Tuesday Novr.
I1 am directed by the Selectmen to acquaint you that they depend upon your coming to Town as soon as possible2 that you may in conjunction with Mr. Quincy3 prepare for the tryal of the Soldiers, and that they make no doubt of your exerting yourself to the utmost that a fair and impartial Justice inquisition may be made for blood. A Person is appointed to attend Mr. Quincy and your self in the collecting of Evidences.4 I am with regard Your obedient hum: servt.,
William Cooper (1721–1809), patriot and town clerk of Boston from 1760 until his death, and brother of Rev. Samuel Cooper. "William Cooper has rendered himself especially obnoxious to the Royalist, by his journal of occurrences published in the Boston Gazette from the time of arrival of Regulars" (Frederick Tucker, William Cooper, the Town Clerk of Boston [Amherst, Mass., 1885], 4, 7).
RTP had gone home to Taunton on Nov. 5 and returned to Boston on the 17th (RTP Diary).
Samuel Quincy was joint counsel for the Crown with RTP; and his
The second of the Boston Massacre Trials, that against the soldiers (Rex v. Wemms) was originally scheduled for Nov. 20 but was postponed until the 27th. The case continued until Dec. 5 when RTP concluded for the Crown, the case went to the jury, and a verdict was rendered by 4 o'clock P.M. Two soldiers were convicted of manslaughter, and the others were acquitted (See Adams, Legal Papers, 3:98–314).
RTP's diary entries during the trial follow:
November
27 fine weather began the Trial of Wm. Wemys a corporal of the 29th Regiment & Wm. McCauley James Hategan John Carol Mathew Kilroy Hugh White Hugh Montgomery Wm. Warren soldiers of sd. Regiment, for Murder of Saml. Gray Saml. Maverick James Caldwel, Patrick Carr & Crispus Attucks on March 5th. the Court adjournd at night I was Council for the Crown with Saml Quincy Esqr.
28 Cold. Court continued, Court met at 9 oclock AM adjd. at one for an 1/2 hour & then held till dark & adjourned
29 Do. moderate
30 Do. Do.
December
1 Do. do. Court adjd. to Monday 9 oClock
2 moderate
3 Do. this morning the Mr. Josiah Quincy Council for the Prisners began his arguments on the Evidence. PM Mr. John Adams of Council likewise for the Prisoners began his Arguments
4 Do. Mr. Adams finished at 12 oClock & I began very much fatigued & unwell
5 Do. abt. 10 oClock I finished & the Court sum'd up the Cause largely to the Jury, who went out & at 4 oClock gave in their verdict Montgomery & Kilroy guilty of Manslaughter & all the rest not guilty.