John Adams was approached some months after the Massacre by a representative of Captain Preston. He was asked to defend the man in court. Preston faced a death sentence for first-degree murder. Adams was at first apprehensive, but later agreed, but he said "[Preston] must therefore expect from me no Art or Address, No Sophistry or Prevarication in such a Cause; nor any thing more than Fact, Evidence and Law would justify". The question Adams had to answer was; who gave the order to fire, and was Preston reasonably in danger of harm? The city of Boston was very biased against the Captain and his men, and many feared their lives were in danger. The trial took place at the Queen Street courtroom on October 17, 1770. Evidence was found from multiple sources disputing that Preston had ordered to fire. Below are a collection of witness testimonies.
Theodore Bliss testifies that he “did not hear any Order given by the Capt. to fire. I stood so near him I think I must have heard him if he had given an order to fire before the first firing. I never knew Capt. Preston before. (Notes on the Boston Massacre trials, by John Adams, 1770, "Captn. Prestons Case")
Henry Knox testifies (future Secretary of War Henry Knox) “I saw the Captain coming down with his party. I took Preston by the Coat, told him for Gods sake take care of your Men for if they fire your life must be answerable. In some agitation he replied I am sensible of it”
Richard Palmes testifies “That instant…I saw something resembling Snow or Ice strike the Grenadier on the Captain’s right hand…He [the Grenadier] fired the first Gun. After the Gun went off I heard the word ‘fire!’ The Captain and I stood in front about half between the breech and muzzle of the Guns. I don’t know who gave the word to fire.”
With this evidence, Adams and his team were able to convince the jury that Preston did not give the order to fire and that the order likely came from a rioter trying to provoke the soldiers. Preston was acquitted of first-degree murder and he left a free man. Adams later went on to be a founding father and the second president of the United States.
Trial of the Boston Massacre soldiers transcript cover.
Preston’s testimony would rebut the claim that his soldiers had fired upon the protesters in cold blood and without reason.
Preston stated in his trial that “In my way there I saw the people in great commotion, and heard them use the most cruel and horrid threats against the troops” (Captain Thomas Preston's Account of the Boston Massacre)
Preston would also state that “The officers, on the first knowledge of this transaction, took every precaution in their power to prevent any ill consequence”
Further along in his testimony Preston stated that “The mob still increased and were more outrageous, striking their clubs or bludgeons one against another, and calling out, come on you rascals, you bloody backs, you lobster scoundrels, fire if you dare, G-d damn you, fire and be damned”
Preston testifies “They advanced to the points of the bayonets, struck some of them and even the muzzles of the pieces, and seemed to be endeavouring to close with the soldiers”
On the shooting Preston says “On my asking the soldiers why they fired without orders, they said they heard the word fire and supposed it came from me. This might be the case as many of the mob called out fire, fire, but I assured the men that I gave no such order; that my words were, don't fire, stop your firing”.
How did the Massacre lead up to the war? -