disorder on that Evening, and previous to the Affray at Murray's
Barracks; Witnesses were admitted to testify, that they had been
met by one and another arm'd with Clubs; but nothing appeared
there, to show the Cause and even the necessity of it: Thus, one
of the prisoners witnesses testified in Court, that at seven
o'clock, going to the South-End of the Town, he met forty or fifty
in small parties, four or five in a party; and divers others swore
to the same purpose: They did not indeed say, whether they knew
them to be Inhabitants; it is as probable, that they were
Soldiers, as inhabitants, if not more so; for it was sworn before
the Magistrates, by a person of credit, that on the Saturday
before, he saw the Soldiers making Clubs.6 Another was ready to
testify in Court, that thirty of these Clubs or Bludgeons, were made
by the Soldiers, in his own Shop. And in the part of the Town where
the before-mentioned witness was going, a gentleman was early in the
Evening attacked by two Soldiers, one of them arm'd with a Club, and
the other with a broad Sword; the latter struck him, and threatned
that he should soon hear more of it.7 It was notorious, that the
Soldiers were frequently seen on that Evening, arm'd with Clubs, as
well as other Weapons; and the night before, very late, it can be
prov'd that forty or fifty of them were seen, thus arm'd, in several
parts of the Town in terror of his Majesty's subjects: But in the
judgment of some men, every party that was seen with Clubs, or in
the modern term, bludgeons, to be sure, must have been
inhabitants. It had been testified, that on the Saturday before
the fifth of March, the Soldiers, had not only been seen making
their Clubs, as is before mentioned, but from what the witness
could collect from their conversation, they were resolved to be
reveng'd on the Monday.8 If they were in such danger, as some will
pretend they were, pray, why were they not kept in their Barracks,
especially after eight o'clock, according to their own rules?
Instead of this, we find the testimony of a person, who was not an
inhabitant of the Town: that being at the South-End on that Evening,
exactly at Eight o'Clock, he saw there Eleven Soldiers; an officer
met them, and order'd them to appear at their respective places at
the time; and if they should see any of the inhabitants of the Town,
or any other people not belonging to them, with Arms, Clubs or any
other warlike Weapon, more than two being assembled together, to
order them to stop: and if they refused, to stop them with their
firelocks, and all that should take their part - The officer went
Northward and the Soldiers Southward9 - Here were orders discretely
given indeed! And well becoming a gentleman, in any command over
troops, sent here, as the Minister pretended, to aid the civil
Magistrate in keeping the peace; and with directions never to act
without one. Will any one suppose, that the Town could be safe, even
from this band of Soldiers only; especially while under such
direction and influence. This is a single instance -No wonder that
when the bells soon after rang as for fire, & the people in that
same part of the Town, came into the Street with their Buckets,
they were told by some, as a gentleman who was a witness in Court
for the prisoners said they were, that they had better bring their
Clubs than their Buckets - Such appearances were enough to put the
Town in Motion - It is a glaring mistake to say, the Soldiers were
in danger from the inhabitants: The reverse is true; the inhabitants
were in danger from the Soldiers. - With all the indulgence which
was shown, and perhaps ought to have been shown to prisoners at
the bar, upon trial for life, not a single instance was prov'd, of
abuse offer'd to Soldiers that Evening, previous to the insolent
behavior of those who rush'd out of Murray's Barracks, with
Cutlasses, Clubs and other Weapons, and fell upon all whom they
met: On the contrary, there had been many instances of their
insulting and even assaulting the Inhabitants in every part of
the Town; and that without Discrimination ; which did not look, as
if they design'd to seek revenge, for any former Quarrel, upon
particular persons.
As it was said, in Court that the unhappy Persons who fell a
sacrifice to the cruel revenge of the Soldiers, had brought their
death upon their own heads, I must not omit saying, what I think
ought to be said, in behalf of those who cannot now speak for
themselves - Mr. Maverick, a young gentleman of a good family and
a blameless life, was at supper in the house of one of his
friends, and went out when the Bells rang as for fire. Mr.
Caldwell, a young seaman and of a good character, had been at
School to perfect himself in the art of Navigation; and had just
return'd to the house of a reputable person in this town, to whose
daughter he made his visits, with the honorable intention of
Marriage: He also went out when the bells rang. Mr. Gray was of a
good family; he was at his own house the whole of the Evening,
saving his going to a neighbour's house to borrow the News-Paper
of the day and returning; He went out on the ringing of the bells;
and altho' a child swore in Court, that he saw him with a stick,
after the bells rang, yet another witness saw him before he got
into King-Street without a stick; others saw him in King-Street
and testified that he had no stick; and when he was shot, the
Witness at whose feet he fell, declared, as is mentioned in a
former Paper, that he had no stick, and his arms were folded in
his bosom; so that it is probable, the young Witness mistook the
person. Mr. Attucks, it is said, was at supper when the bells
rang; he went out as others did, to enquire where the fire was; in
passing thro' Dock-Square, he saw the affray at Murray's Barracks;
and hearing a man say that if any one would join, he would drive
the Soldiers into the Barracks, he join'd; & they two were
principally concerned in doing that piece of service. Great pains
were taken to make it appear that he attacked the Soldiers in
King-Street, but the proof fail'd: He was leaning upon his stick
when he fell, which certainly was not a threatning posture: It may
be supposed that he had as good right, by the law of the land, to
carry a stick for his own and his neighbor's defence, in a time of
such danger, as the Soldier who shot him had, to be arm'd with
musquet and ball, for the defence of himself and his friend the
Centinel: And if he at any time, lifted up his weapon of defence,
it was surely, not more than a Soldiers levelling his gun charg'd
with death at the multitude: If he had killed a Soldier, he might
have been hanged for it, and as a traitor too; for even to attack
a Soldier on his post, was pronounc'd treason: The Soldier shot
Attucks, who was at a distance from him, and killed him,. - and he
was convicted of Manslaughter. - As to Mr. Carr, the other
deceas'd person, it is doubtful with what intent he came out: He
was at the house of one Mr. Field, when the bells rang; Mrs.
Field, and another witness who was at the house, declared that
Carr went up Stairs, and got his Sword, which he put between his
Coat and his Surtout, and it was with difficulty that they
prevail'd upon him to lay by his Sword: They could not persuade
him to keep in: It does not appear that he took any part in the
contest of the Evening: He was soon shot: and tho' dead, he
afterwards spoke in Court, by the mouth of another, in favour of
the prisoners; declaring among other things already mentioned,
that he was a native of Ireland, and had often seen mobs and
Soldiers fire upon them there, but never saw them bear half so
much before they fired as these did.
The conduct of the Soldiers and of the people in King-Street,
shall be the Subject of a future Paper. In the mean time, I must
desire Philanthrop, who appear'd in the last Evening Post, if he
pleases, to read again what I observ'd upon the case of Killroi in
particular, in this Gazette of the 17th Inst;1 and to consider,
whether he did me justice in saying, that I had publish'd "the
only piece of Evidence produc'd against Killroi and argued upon
that alone:" I then publish'd several material pieces of Evidence
against him; and upon the whole concluded, that what was called
the furor brevis was, in my opinion, of rather too long - a
continuance, to come within the indulgence of the law. I then
tho't, and I believe I am far from being singular in thinking it;
that for a man repeatedly to say, that he had wanted an
opportunity of firing upon the inhabitants ever since he had been
in the Country and that he would never miss an opportunity of
doing it; and afterwards, when forewarn'd against it, to fire upon
the inhabitants, kill one man upon the spot, and then
unrelentingly attempt to stab another, who had not offer'd him any
injury, all which was sworn in open Court: If such a man is not,
hostis humanis generis, he discover'd at least, a total want of
remorse at the shedding of human blood, as well as rancorous
malice from the beginning. Philanthrop further says, that "there
was no evidence given in Court" of the wound in Mr. Gray's head;
and "that it is, in the highest degree unjust, to blame the Court
and jury for not regarding evidence which they never heard": If he
will candidly recur to the aforementioned Paper he will find, that
I expressly said, that the witness being out of the Province, the
evidence of so savage an act of barbarity could not be produc'd in
Court; nor did I take it upon me to "blame the Court and Jury for
not regarding it " - "I do not charge Philanthrop with a design"
to amuse his readers in this, or any other instance; but if he
intends to continue the subject, I would advise him to be more
cautious lest he misleads them for the future. Again he says "the
impossibility of the bayonets being bloody the next morning, is
demonstrable from this, that every gun and bayonet of the party
was scowered clean that very night"; but to borrow his own words
"it is certain no such evidence was given in Court": If this could
have been proved, I dare say it would have been done without fail.
Philanthrop may suppose it to be true, from its being, as he says,
"the constant practice of the army after firing"; but such a vague
supposition will not invalidate the oaths of creditable witnesses
in open Court, who swore that Killroi's bayonet was bloody, five
inches from the point.
To vilify and abuse "the most amiable and respectable characters,"
I detest from the bottom of my heart: At the same time, I leave it
to Philanthrop, or any one who pleases, to write Panegyricks, on
the living or the dead.
VINDEX.
Dec. 25th.
1 Narrative Appendix p. 68
2 Idem p. 68
3 Idem 69.
4 Idem. 22.
5 Idem.61
6 Idem.4.
7 Idem. 12.
8 Idem. p. 4, This alludes to the affray at the Ropewalks: The
Soldiers at Green's Barracks had made three attacks upon the
Ropemakers, while they were at work, in revenge, for one of them
being told by a hand in the Walk that "if he wanted work he might
empty his Vault": Enough, to enkindle the flame of resentment, in
the breast of a common Soldier, who of all men has the most delicate
sentiments of Honor. Two of the Prisoners were of the party in these
noble Exploits, as was testified in Court.
9 Idem. P. 48.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, December 31, 1770.]
Messieurs PRINTERS.
I Desire you would correct the following mistake I made in your
last paper. I said "there were two only of the witnesses in the
late trial that made mention of the tall Gentleman in a red cloak
and white wig, viz. Mr. Hunter and Mr. Selkrig": In looking over
my minutes, I find there was another, viz. Mr. Archibald Bowman,
who also made mention of him. Mr. Bowman testified, that they (the
people in dock-square) "stood thick round him some time, and after
cried huzza for the main guard"; in which he agreed with Mr.
Hunter: But he declared, that he did not remember their striking
their sticks at Simpson's Store, & saying, they would do for the
Soldiers, tho' Mr. Selkrig, who was with him at the same time,
declared, that those words were spoken by numbers at Simpson's
Store. Mr. Selkrig mention'd nothing of their saying huzza, &c.
From all which we may conclude, that these cries were not general;
especially, as other witnesses declared that the people also cried,
home, home. Mr. David Mitchelson testified, that "they cried, they
would go to the main guard, and that the effect soon followed": But
they went not to the main guard, nor was the main guard attack'd thro'
the whole evening. He further said, the bells were ringing. - The
truth is, the generality of the people of the town thought there was
a fire; but not knowing where, they naturally, in passing thro' the
main streets, from the north and south parts of the town, stopped in
dock square, which is in the center: There, they found there was
not fire; but that the soldiers at Murray's barracks, had, if I
may use the expression, broke loose. Mr. Selkrig said, that the
[people] "made unsuccessful attacks upon the barracks"; but
immediately adds, "that he saw nothing" (of the attacks, I suppose;
for it was impossible he should see them, there being a stone
building between the house in which he was, and the barracks) but
that "they went up the alley and came back suddenly"; which
corresponds with what another of the prisoners witnesses said,
who was on the other side of the stone building, and therefore
could see; viz, that the soldiers several times presented their
guns at the people: Mr. Selkrig must be candidly suppos'd to intend,
that he judg'd the people to have made attacks upon the barracks,
and unsuccessfully, from seeing them retreat only: But his conclusion
might not be well grounded: It is as natural to conclude that these
sudden retreats were occasioned by the soldiers attacking the people,
as they had before done; and their levelling their guns and threatning
to make a lane thro' them, as was sworn in open court. Mr. Dickson,
who was with Mr. Selkrig, and the other Scotch gentleman at Mr.
Hunter's house, declared, that "a party came running down the alley,
as if they had met with opposition there"; which confirms what Mr.
Selkrig had said of their sudden retreats, and strengthens the
supposition I have now made.
But the writer in Mr. Draper's paper of the 20th Instant, has not
yet fulfilled his promise to "ascertain the person" in a red
cloak: I am sollicitous that the publick should know the very man;
and the rather, because it has been impudently insinuated, that he
was a gentleman in office in this town.
VINDEX.
Dec. 27.
ARTICLE SIGNED “VINDEX."
[Boston Gazette, January 7, 1771]
To the PRINTERS.
I Have taken occasion to mention the unhappy persons, who lost
their lives on the fatal fifth of March And I think it must appear
to every candid reader, that they were totally unconnected with
each other; and that it cannot be even suspected, that either, or
to be sure, more than one of them had any ill intention in coming
abroad on that evening; much less, that they were combin'd
together to do any sort of mischief: Nay, it is even to be
doubted, whether they ever had any knowledge of each other. I will
further observe, that there was not the shadow of evidence to
prove, that any other persons, excepting the Soldiers, had form'd a
design to commit disorders at that or any other time: Unless credit
is to be given in a court of law, to the hearsay of an hearsay; the
story which one man told another at sea, and months after the facts
were committed: Evidence which was in vain objected to by the council
for the crown; but to the honor of one of the prisoners council was
by him interrupted and stopped. This worthy gentleman declared in
open court that it was not legal, and that it ought not to have the
least weight in the minds of the jurors; upon which it was ruled,
that the witness should proceed no further, and he was dismiss'd.
I come now to consider the tragical scene, as it was acted in
King-street; in doing which, I shall confine myself chiefly, to
the evidence as it was given in court: If I vary from the truth,
let Philanthrop, or any one else correct me; it is far from my
design: And I am willing to appeal for facts, to the book which
Philanthrop has told us of; provided always, that the facts are
there stated with impartiality and truth: This I think it
necessary to premise, because I find it advertiz'd, that the book
is to be publish'd, not by the direction, but with the permission
of the court: A distinction, which appears to me to be of some
importance.
It may be necessary, first to enquire into the situation the
centinel was in, for whose relief the party was said to have
afterwards gone down. By the testimony given in court, by Col.
Marshall, who had spent the evening at a friend's house in dock-
square, it appears that at nine o'clock all was quiet there; and
passing thro' Royal - exchange lane into King street, where the
centry was, he found all as peaceable there; "the street never
clearer," was his expression. It is probable that very soon after
this, the difference arose between the centry and the barber's
boy; for Col. Marshall testified, that some time after, he heard a
distant cry of murder; and it is without doubt the centry struck
the boy, with his gun, - It was then that Colonel Marshall saw a
party turn out from the main-guard, and soon after another party
rush'd thro' Quaker-lane, all arm'd - It is probable, that these
were the Soldiers who, as they ran into Cornhill, abus'd the
people there, as I have before mention'd: Upon the appearance of
these parties, it is said, that the barber's boy, and his fellow-
apprentice, ran either into his Master's or a neighbor's shop. -
Mr. William Parker, one of the prisoner's witnesses declared, that
when he came into King street, which was after the affray began at
Murray's barracks, all was quiet and peaceable: But presently the
barber's boy, with two or three more, came to the centry - they
push'd one another against him (in resentment it is to be suppos'd
for) they said, he had knock'd the boy down - In the trial of
Capt. Preston, the boy himself swore in Court, that the centry had
struck him with his bayonet. Mr. Parker adds, that presently a
number, about fifteen, came thro' Silsby's lane, which leads from
Murray's barracks, with sticks like pieces of pine in their hands
- The most of them small boys, 1 or 2 of them large lubbers, as he
called them - they said, let us go to the main-guard; by which it
does not appear that they interested themselves in the dispute
with the centry, nor does it appear that they molested the main-
guard, if they went up to it - Soon after, five or six more came
up Royal exchange lane, which also leads from Murray's barracks,
with sticks like the others; but neither did the witness say, that
these interfered with the centry - Mr. Parker further said, that
he went up by Mr. Jackson's corner, and met twenty or thirty more
coming out of Cornhill, a good many men among them, some with
sticks and some with walking canes - These opened the matter to
him; and told him there had been a squabble at Murray's barracks,
but that the Soldiers were driven in, and all was over. - These
different parties met in a cluster, at and near Quaker lane, and
not long after seem'd to disperse; and he soon went off himself,
not leaving above twelve or fifteen in the street: And, just as he
got home, which might not be more than ten minutes, he heard the
bells ring, and the guns discharg'd - No one I believe will
dispute the veracity, either of Col. Marshall or Mr. Parker
Mr Edward Payne, a merchant of note in this town, was also
summoned as a witness for the prisoners, and his testimony will
undoubtedly be rely'd upon, by all who know him or his character.
Mr. Payne came out after Mr. Parker left the street; for he
declared in Court, that at 20 minutes after nine, when the bells
rang, he went out into the street, and was told, as Mr. Parker had
been, that the soldiers had sallied out of their barracks, and had
cut & wounded a number, but were driven in again - He declared
that the centinel was walking by himself, and no body near him -
so that the barber's boy and his three or four comrades, were at
that time gone off - He heard a considerable noise in Cornhill,
and a noise of people coming up Silsby's alley - they were
inhabitants: Fourteen or fifteen, perhaps twenty, passed by him,
some with sticks, others without; as many of the latter as the
former - They cried where are they? It is necessary to connect the
circumstances, as the facts are related: Here therefore I will
remind the reader, that besides the Soldiers that came out of
Murray's barracks, and who now may be suppos'd to have been driven
in, there was also a party that had issued from the main guard,
and another party of Soldiers who came thro' Quaker-lane, all
arm'd with naked cutlasses, &c. who went into Cornhill not long
before, and there insulted every person they met: These were the
men whom the persons mentioned by Mr. Payne, in all probability
refer'd to, when they cried, where are they. - Certainly no
persons could be tho't blame-worthy, for pursuing a banditti, who
had already put a number of peaceable people in great terror of
their lives, with a design to prevent their doing further mischief:
There is no foundation to suppose, that they had any other design:
Yet these are the persons, who, as some would have it, were the
faulty cause of the slaughter, that afterwards ensued: It was
indeed unfortunate that they happened to take that rout; for Mr.
Payne added, that a lad came up and said, that the centry had
knock'd down a boy, upon which the people turn'd about, and went
directly to the centry: By which, one would think, that they had
no design to attack the centry before: and that they would not
even have spoken to him, had they not been told that he had
injured the boy: Till then, the centry had not been the object of
their attention; and I must insist upon it, that they had then as
good right by the law, to resent the injury done to the boy, as
the party from the main-guard had afterwards, to resent the injury
done, if there was any, to the centry - The prudence in either
case I will not undertake to vindicate - Mr. Payne further said,
he was afraid of what might happen from the peoples surrounding
the centry, and wished they might be taken off - He returned to
his own door, which is nearly on the opposite side of the street,
and there heard the people cry to the centry, fire, damn you, why
don't you fire. - I have just observ'd, that Mr. Payne expressed
his concern at the peoples surrounding the centry: Mr. Henry Knox,
another witness for the prisoners, a young gentleman of a very
good reputation, was probably near the centry while Mr. Payne was
at his own door - He testified in court, that the people were
round the centry, and they said he was going to fire - That he was
waving his gun- That he (Mr. Knox) told him, if he fired he must
die - That in return he damn'd them, and said, that if they
molested him, he would fire - That the boys were damning him and
daring him to fire - That he heard one say he would go and
knock him down for sweeping (his gun) - that he thought the centry
snapped - He added that he saw nothing thrown at the centry,
altho' he was near him till after the party came down and Mr.
Payne finished his testimony with saying, that he perceived
nothing but the talk that led him to think the Soldiers would fire.