(First Day's Speech in Defense of the British Soldiers Accused of
Murdering Attucks, Gray and Others, in the Boston Riot of 1770)
_May_ _If_ _Please_ _Your_ _Honor_,_ and_ _You_,_ Gentlemen_ _of_
_the_ _Jury_:--
I am for the prisoners at the bar, and shall apologize for it only in
the words of the Marquis Beccaria:--
"If I can but be the instrument of preserving one life, his
blessings and tears of transport shall be a sufficient consolation
for me for the contempt of all mankind."
As the prisoners stand before you for their lives, it may be proper
to recollect with what temper the law requires we should proceed to
this trial. The form of proceeding at their arraignment has
discovered that the spirit of the law upon such occasions is
conformable to humanity, to common sense and feeling; that it is all
benignity and candor. And the trial commences with the prayer of the
court, expressed by the clerk, to the Supreme Judge of judges,
empires, and worlds, "God send you a good deliverance."
We find in the rules laid down by the greatest English judges, who
have been the brightest of mankind: We are to look upon it as more
beneficial that many guilty persons should escape unpunished than
one innocent should suffer. The reason is, because it is of more
importance to the community that innocence should be protected than
it is that guilt should be punished; for guilt and crimes are so
frequent in the world that all of them cannot be punished; and many
times they happen in such a manner that it is not of much
consequence to the public whether they are punished or not. But when
innocence itself is brought to the bar and condemned, especially to
die, the subject will exclaim, "It is immaterial to me whether I
behave well or ill, for virtue itself is no security." And if such a
sentiment as this should take place in the mind of the subject,
there would be an end to all security whatsoever, I will read the
words of the law itself.
The rules I shall produce to you from Lord Chief-Justice Hale, whose
character as a lawyer, a man of learning and philosophy, and a
Christian, will be disputed by nobody living; one of the greatest
and best characters the English nation ever produced. His words are
these:--
(2 H. H. P. C.): _Tutius_ _semper_ _est_ _errare_, _in_
_acquietando_ _quam_ _in_ _puniendo_, _ex_ _parte_ _misericordiae_
_quam_ _ex_ _parte_ _justitiae_.--"It is always safer to err in
acquitting than punishing, on the part of mercy than the part of
justice."