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    Rex v. Preston: Suffolk Superior Court, Boston

    From: Adams Papers | Legal Papers of John Adams | Volume 3 | R. Criminal Law, continued: The Boston Massacre Trials | Rex v. Preston: Suffolk Superior Court, Boston

    Mr. 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 of a few Individuals, but concerns the very foundation of Civil Goverment. In their Defence, every Source of Eloquence and Art has been exhausted; which I don’t mention as a fault in them, but to guard you against mistaking, the Flowers of...
    Judge Trowbridge. 1. H.H.P.C. 442. 8 Soldiers. 7 Guns fired. 5 Persons killed. Q uery whether it must not be proved which Soldier killed which of the deceased. J. Trow bridge . Foster 256. 257. Province of Judge and Jury. 2. Ld. Ray. Onebys Case. If you believe &c. &c. I hope and believe there was not such occasion to send the Troops here as was pretended. But the Question is whether the K ing...
    J. Cushing. It is odd the Town should think of doing Justice by a Mob. The principal Q uestion whether the Prisoner gave Order. J. Lynde. Principal Q uestion whether Prisoner gave Order. I fear people come in too hostile a Manner. Paine Massacre Notes . See Descriptive List of Sources and Documents .
    About Monday noon the judges began their charge. Judge Trowbridge, who spoke first, entered largely into the contradictory accounts given by the witnesses, and declared, that it did not appear to him that the prisoner gave orders to fire; but if the Jury should think otherwise, and find it proved that he did give such orders, the question then would naturally be, What crime is he guilty of?...