1From John Adams to the Freeholders and Other Inhabitants of the Towns and Districts of Massachusetts Bay, 10 December … (Adams Papers)
Cambridge,10 December 1774. printed : Mass. Provincial Congress, Jours. William Lincoln, ed., The Journals of Each Provincial Congress of Massachusetts in 1774 and 1775, and of the Committee of Safety , Boston, 1838. , p. 69–72. Prepared by a committee appointed 12 October, originally composed of fifteen members: John Hancock, Joseph Hawley, Joseph Warren, Samuel Dexter, Artemas Ward, James...
2Report Relative to Assuming Civil Government, 10 December 1774 (Adams Papers)
Cambridge,10 December 1774. printed : Mass. Provincial Congress, Jours. William Lincoln, ed., The Journals of Each Provincial Congress of Massachusetts in 1774 and 1775, and of the Committee of Safety , Boston, 1838. , p. 73–74. This, the second report on this date of the Committee on the State of the Province, was framed in the form of three resolutions: that the adjournment on 29 October had...
3Paine’s Argument for the Crown: 4–5 December 1770 (Adams Papers)
May 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 minuteness and protracted to such a length that I fear it has fatigued your attention as I am certain it has exhausted my Spirits. However Gentlemen it may serve to show you and all the world that the Benignity of the English Law, so much relied on...
Judge Cushing . The longest Tryal I have ever known. The Party in K ing S treet had a right to beat . Judge Lynde . 8 Prisoners. No Body can wonder that on their account we have spend a great Deal of Time. HP 482 , If it be not known who kill’d. This Rule will Shorten your Business. Paine Massacre Notes . Presumably 1 Hale, Pleas of the Crown Matthew Hale, Historia Placitorum Coronse: The...
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 .
6Paine’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...
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...
9Paine’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...
10Paine’s Minutes of the Proceedings on the Motion for a New Trial: Suffolk Superior Court, Boston, September 1770 (Adams Papers)
Motion for new Trial. Deming. Foreman. Mr. Lothrop was satisfied as to Fact, but not Law. Mr. Clap not so fully satisfied as to Law. I told him the Court knew the Law. We all agreed about 1/2 an hour before we came in on Rich ardson . Lothrop. I did not fall in so soon as some, for I thought the time might be as well spent in Argument. Jury in Gen eral thought if the verdict was not agreeable...