BOSTON MASSACRE TRIAL
Key Players:
Justice Edmund Trowbridge
Justice Peter Oliver
Samuel Quincy
Robert Paine
John Adams
Josiah Quincy
Witnesses for the Prosecution Witnesses
for the Defense
Private Hugh White John Hancock
Captain Thomas Preston Edward Garrick
Private Hugh Montgomery Dr. John Jeffries
Benjamin Burdick
Queen Street Courthouse
Justice Trowbridge - Ladies and Gentlemen of the Jury, as you may know, Captain Thomas Preston
was tried for his role in the events of March 5th and was acquitted of the charges against him. His trial,
held here in Boston in October, received much attention and publicity. Yet as we begin this trial of the
other men charged with the crimes of that day, it is most important that neither the verdict
nor the publicity of that case should affect the outcome of this trial.
Justice Oliver - In this case of Rex v. Wemms the royal colony of Massachusetts charges the
defendants, Corporal William Wemms, James Hartigan, William McCauley, Hugh White, Matthew
Kilroy, William Warren, John Carrol, and Hugh Montgomery, with the murders of five citizens of
Boston on the 5th of March, 1770. What say the defendants to these charges?
Adams - My clients plead “not guilty” to these charges, Your Honor.
Justice Oliver - Then, Mr. Quincy and Mr. Paine, would you please introduce your case to the jury.
S. Quincy - Certainly, Your Honor. Ladies and Gentlemen of the Jury, on the evening of March 5th of
this year, a terrible crime was committed on King Street in our fair city. These eight defendants did
willfully and with malice take the lives of five citizens of Boston, injuring another half-dozen. On that
fateful night these soldiers drew their guns, aimed, and fired at point blank range into a crowd of
unarmed civilians. In its case the prosecution will prove that the defendants did, in fact, purposefully
kill the five victims and should therefore suffer the most severe of punishments.
Justice Trowbridge - Thank you, Mr. Quincy. Will the defense now introduce its case?
Adams - Your Honors, Ladies and Gentlemen of the Jury, the defense in this case intends to prove
that the eight men charged with the crimes are not criminals but victims of the times in which we now
live. It is unfortunate yet true Judges, Prosecuting, Attorneys Defense Attorneys, that life in this
great colony of Massachusetts has become most difficult. We colonists certainly do not enjoy living
under the watchful eyes of British troops stationed throughout our city, but we also do not have the
right to torture them. The defense intends to show that the deaths of the five citizens were not
murders at all but were, instead, acts of self-defense by soldiers fearing for their own lives at the
hands of an angry and violent mob.
Justice Oliver - Prosecution, please commence with your case.
S. Quincy - Thank you, Your Honor. The prosecution would like to call as its first witness Private
Hugh White. Private White has agreed to testify to certain events, even though he is charged in the
case. (White to the witness chair.)
Justice Trowbridge - Private White, do you swear before this court to tell the truth, all of the truth,
and nothing other than the truth, so help you God?
White - I do, Your Honor.
Paine - Private White, where were you on the night of March 5th?
White - I was standing sentry in front of the Customs House.
Paine - You witnessed a dispute that evening; please describe what you saw.
White - It was between the apprentice Edward Garrick and Captain John Goldfinch. Captain
Goldfinch was walking down the street when Edward Garrick began shouting at him. He was yelling
that Captain Goldfinch owed money to the wigmaker, Garrick’s master.
Paine - Did you involve yourself in this dispute in any way?
White - Yes, I told Mr. Garrick that Captain Goldfinch is a gentleman and that if he owed money he
would certainly pay, but Mr. Garrick was clearly not satisfied. I believe he had been drinking and he
became violent. An ugly crowd gathered, so I called for help.
Paine - And you loaded your weapon?
White - I did, but had no intention of using it.
Paine - No further questions.
Justice Oliver - Does the defense wish to cross-examine the witness?
Adams - Yes, Your Honor. Private White, is it true that the angry crowd was yelling insults and
names, calling you and Captain Goldfinch “Lobsters,” and that they were cursing and throwing pieces
of ice and other objects at you?
White - That is true.
Adams - Were you at all in fear for your life or that of Captain Goldfinch?
White - Yes, I was.
Adams - No further questions. (White leaves the witness chair.)
S. Quincy - The prosecution would like to call Captain Thomas Preston to the stand. (Preston to the
witness chair.)
Justice Trowbridge - Do you, Thomas Preston, swear before this court to tell the truth, all of the
truth, and nothing other than the truth, so help you God?
Preston - I do.
S. Quincy - Captain Preston, where were you when the events Private White just described occurred?
Preston - I was a few blocks away in front of the Main Guard when I heard about the trouble.
S. Quincy - Did you rush there to help?
Preston - No, I took about thirty minutes deciding what to do. The streets were restless all through
the city. I feared the situation could turn to violence and the law prohibits troops from firing on
civilians. On the other hand we could not allow riots to go on unchecked either, so I decided to order
out the troops.
S. Quincy - Did you think your troops might fire?
Preston - It wasn’t that; the situation was very confusing.
S. Quincy - Had you ever heard any of your soldiers speak of killing patriots?
Preston - Yes, I had. One evening I heard one say he would never miss an opportunity, when he had
one, to fire on them.
S. Quincy - Was that Matthew Killroy you heard so speak?
Preston - Yes, Sir.
S. Quincy - No more questions, Your Honors.
Justice Oliver - Defense, do you wish to cross-examine?
Adams - We do, Sir. Captain Preston, did you at any time that night fear for the life of Private White
or any of the soldiers?
Preston - Yes, I did. I feared for all of our lives.
Adams - No further questions. (Preston leaves the witness chair.)
Paine - Next we should like to call Private Hugh Montgomery. Again, though a defendant, Private
Montgomery has agreed to testify to certain events of the night of March 5th.
(Montgomery to the witness chair.)
Justice Trowbridge - Do you, Private Montgomery, swear before this court to tell the truth, all of the
truth, and nothing other than the truth, so help you God?
Montgomery - I swear.
Paine - Private Montgomery, you were among the troops with Captain Preston that night. Could you
describe the events as you saw them?
Montgomery - Captain Preston marched us in columns up King Street toward the Customs House.
We tried to stay in rows but the crowds were pressing in on us. When we finally reached Private
White, the crowd surrounded us and threw things at us: chunks of coal, snowballs, oyster shells,
sticks, rocks, and so forth.
Paine - So the soldiers were angered and fired. Who gave the order?
Montgomery - I don’t know. It wasn’t like that; it all happened so fast.
Paine - No further questions.
Justice Oliver - Mr. Adams, do you wish to cross-examine?
Adams - Yes. You say it didn’t happen as Mr. Paine suggested. Please explain.
Montgomery - It was loud and terrifying! Someone fired and then more did.
Adams - Would you say you were under attack?
Montgomery - Yes, definitely. Crispus Attucks, the mixed-race man who was the first to fall, grabbed
my bayonet and knocked me to the ground.
Adams - No further questions. (Montgomery leaves the witness chair.)
S. Quincy - Our last witness is Benjamin Burdick. (Burdick to the witness chair.)
Justice Trowbridge - Mr. Burdick, do you swear before this court to tell the truth, all of the truth,
and nothing other than the truth, so help you God?
Burdick - I do.
S. Quincy - Mr. Burdick, you were in the crowd that fateful night, were you not? Please tell the Court
what you saw and heard.
Burdick - I came into King Street and saw the soldiers with their guns and asked if they were loaded,
and I was told they were. This gave me reason to fear as I had many times witnessed soldiers’ cruel
treatment of Boston’s citizens. I was looking in the direction of the soldiers, very nearby, when I saw a
dark-skinned man grab for a soldier’s bayonet, upon which the soldier yelled “Fire!” and then shot
directly at the man.
S. Quincy - Do you, Sir, see that soldier in this courtroom?
Burdick - Yes, Sir, I do. It was Private Montgomery, who testified before me.
S. Quincy - And what did you observe then?
Burdick - After that other soldiers also began firing. One I recognized as Matthew Killroy, whom I
had seen before. A blast from his gun hit Samuel Gray, who was standing with his hands in his
pockets. The blast blew a hole in the man’s head as large as a hand. In less than two minutes five
people lay dead or dying with more wounded. Finally Captain Prescott shouted to stop the firing.
S. Quincy - No further questions.
Justice Oliver - Would the defense care to question this witness?
Adams - Yes, Your Honor. Mr. Burdick, you said you recognized Matthew Killroy. How did you know
him?
Burdick - We had words about a week or a fortnight ago. It was obvious to me that he disliked the
people of Boston.
Adams - And you obviously dislike him. Thank you, Mr. Burdick. No more questions. (Burdick leaves
the witness chair.)
Justice Oliver – Now, will the defense call its first witness?
J. Quincy - Your Honor, the defense calls Mr. John Hancock to the stand. (Hancock to the witness
chair.)
Justice Trowbridge - Mr. Hancock, do you swear before this court to tell the truth, all of the truth,
and nothing other than the truth, so help you God?
Hancock - I do indeed, Sir.
J. Quincy - What is your occupation, Mr. Hancock?
Hancock - I am a merchant and a patriot, Mr. Quincy.
J. Quincy - It is well-known in Boston that you and your company are no friend to the British
government. Much of the recent unrest in Boston, in fact, can be traced to an incident with one of
your ships on May 9, 1768. Please tell us exactly what happened on that day.
Hancock - Certainly. On that date one of my ships, the Liberty, came into Boston Harbor with a load
of wine upon which I was required to pay customs. Being a patriot, though, and opposed to the taxes
and mistreatment heaped upon the colonies by King George, I ordered the wine to be unloaded and
taken to my warehouse without paying the tax. The vile customs officials then seized the Liberty and
the wine, and to make matters worse, British troops were moved into the harbor to enforce the
miserable tax laws.
J. Quincy - I suppose then it is safe to say that you greatly dislike the soldiers in Boston and support
the protests against them.
Hancock - Of course! Most people here do.
J. Quincy - Thank you, Mr. Hancock. I have no more questions.
Justice Oliver – Would the prosecution care to cross-examine this witness?
Paine - Only one question, Your Honor. Mr. Hancock, in your opinion do you think the people of
Boston would do anything within their power to force the British troops from their city? Perhaps even
lie for their cause?
Adams - I object!
Justice Oliver - Objection sustained.
Paine - That’s all of my questions, Your Honor. (Hancock leaves the chair.)
Adams - The defense would like to call Mr. Edward Garrick. (Garrick to the
witness chair.)
Justice Trowbridge - Do you, Mr. Garrick, swear before this court to tell the Truth, all of the truth,
and nothing other than the truth, so help you God?
Garrick - I do.
Adams - Is it true that on the evening of March 5th you provoked an incident between Captain
Goldfinch and yourself?
Garrick - He owed my master, the wigmaker, money.
Adams - You don’t especially like Captain Goldfinch, do you?
Garrick - I don’t especially like ANY of the British soldiers!
Adams - Please explain why not.
Garrick - They’re pigs! They come to our city to enforce unfair laws that we have no say in the matter
of making, they live in our homes, order us around, search our belongings, and even take our jobs so
they can earn extra money!
Adams - Would you say that most people in Boston feel as angry as you do?
Garrick - Of course they do!
Adams - No further questions.
Justice Oliver - Does the prosecution wish to cross-examine?
Paine - We would, Your Honor. Mr. Garrick, had you been drinking when you confronted Captain
Goldfinch on the street?
Garrick - Yes, I had had a few.
Paine - Did you say anything to the sentry, Private Hugh White?
Garrick - No. He started on me. Then he came at me and knocked me down with his musket. Filthy
Lobsterback!
Paine - No further questions. (Garrick leaves the witness chair.)
J. Quincy - The defense calls Dr. John Jeffries. (Jeffries to the witness chair.)
Justice Trowbridge - Dr. Jeffries, will you swear before this court to tell the truth, all of the truth,
and nothing other than the truth, so help you God?
Jeffries - Yes, Your Honor, I so swear.
Justice Trowbridge - Before we begin, I should like to instruct the jury concerning Dr. Jeffries’
testimony. It has already been the decision of the Court that Dr. Jeffries would be allowed to testify
about the words of a dying man. The justices agreed that a dying man, though not under oath in court,
would have no reason other than to speak what is true in his mind. Now proceed, Mr. Quincy.
J. Quincy - Dr. Jeffries, you treated one of the men shot on March 5th. Who was that man?
Jeffries - I tended to Patrick Carr before he passed.
J. Quincy - And could you tell the Court what Mr. Carr spoke before he died?
Jeffries - He told me that he was a native of Ireland and that he had frequently seen mobs, and
soldiers called upon to calm them. He had often seen soldiers fire on the people in Ireland, but had
never in his life seen them bear half as much before they fired.
J. Quincy - Did he say anything else?
Jeffries – He said he forgave the man, whoever he was, that shot him. He was satisfied that the
soldier had no malice but fired to defend himself.
J. Quincy - Thank you, Dr. Jeffries.
Justice Oliver - Would the prosecution like to cross-examine this witness?
S. Quincy - Dr. Jeffries, you say that Mr. Carr was from Ireland. Therefore, he must have been a
Roman Catholic. Is that true?
Jeffries - I believe he was.
S. Quincy - If I am not mistaken, the Roman Catholic religion places great importance on forgiveness
and leaving the world at peace with all.
Jeffries - I don’t know.
S. Quincy - No further questions, then. (Jeffries leaves the witness chair.)
J. Quincy - The defense rests its case.
Justice Oliver - It is now up to our jury to decide this case. Please review all of the facts, as you have
heard them presented, and carefully consider your decision. If you agree with the prosecution, that
the eight acted willfully and with malice, you should find them guilty of murder. If you think the
soldiers acted in self-defense, then you should find them innocent.
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