1Indictment and Arraignment of Preston, The Soldiers, and The Civilians: March, 7 September, 1770 (Adams Papers)
Suffolk Ss. 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 Suffolk, on the second Tuesday of March in the Tenth year of the Reign of George the third by the Grace of God of Great Britain, France and Ireland, King, defender of the Faith &c. The Jurors for the said Lord the King upon oath present,...
By the Stat ute 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 Favour, to Cases of Felony, tho the statute relates only to Treason. Vid. Foster and Hawkins. Foster 228. 229. Foster 299. §2. bottom, different Indictments to the same Jury. 272. Adams Massacre Minutes, MHi MS 1. See Descriptive List of Sources...
3Paine’s Minutes of the Preliminary Argument: 24 October 1770 (Adams Papers)
Q uestion of the Jury 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 Jury be a Cause of Chall enge . To two of em viz. Jona. Day and Edmund Billings Council on both sides agreed they should not be sworn and no Exception taken. Q uestion of putting several Homicides into one Indictment. Q uestion of the Rights of...
4Anonymous Summary of Crown Evidence: 24–25 October 1770 (Adams Papers)
Edward 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. Goldsmith owed my fellow Prentice. He said he was a Gentleman and would pay every body. I said there was none in the Army Regiment. He asked for me. I went to him, was not ashamed of my face. He struck me. A Sergeant chased me into Davis’s shop...
Mr. 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. “He that doth a cruel act voluntarily doth it of Malice prepense.” Paine Massacre Notes . See Descriptive List of Sources and Documents . 3 Coke, Institutes Third Part of the Institutes of the Laws of England; concerning High Treason and other...
6Anonymous Summary of Defense Evidence: 25–27 October 1770 (Adams Papers)
William 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 and Soldiers were fighting at my corner and he hoped in God would see it out. I returnd to Capt. Preston and told him. A Corporal and private came to Preston’s lodgings and told him the Town’s People were abusing them. Capt. Preston took his...
2. 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 Parte mitiori. 1. H.H.P.C. 509. The best Rule is in Dubiis, rather to incline to acquittal than Conviction. 300. quod dubitas, ne feceris, especially in Cases of Life. 2. H.H.P.C. 289. In some Cases presumptive Evidences go far to prove a Person...
8Paine’s Minutes of Adams’ Argument: 27 October 1770 (Adams Papers)
Adams. It is certain a great bitterness between Soldiers and Inhabitants. No Evidence applys to Soldiers in Goal nor to Capt. Preston. It was Prestons duty on the message to him to go and take all the Care he could of his men and protect them. The Ev He had Account of the assault. Had the Centry been a private Citizen and Capt. a Citizen it was his duty to go to assist. He order ed Corporal...
Auchmuty. 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 be opposed to all the Crown Evidence. Positive Evidence always outweighs negative. Persons Surrounded by threatening People may in Certain Cases defend themselves. 1 H. p. 71, ch. 28, §14. Killing dangerous Rioters is Lawful. §23. In endeavouring...
10Adams’ Minutes of Paine’s Authorities: 29 October 1770 (Adams Papers)
Paines Autho rities . Foster 278. Plea of self Defense. Nailors Case. 290. 291. §2. Slight provocation and ——. Instances in Illustration. 295. A uses provoking Language. &c. 298. Ld. Ray. 1489. Oneby’s Case. 1 Hawk. 73 page. §25. Foster 296. §4. Har Thus in MS. 1. H.H.P.C. 485. 486. Cokes Case Cro. Car. George Croke, Reports of Cases in King’s Bench and Common Bench , Part 3, Charles, London,...