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Preston Trial Ends With a Surprising Verdict
by: Shoshana Stahl
Boston- October 29th, 1770, Day 2 of Captain Thomas Preston’s trial occurred. Today, Preston walks a free man after the jury finally came to the decision that he truly was innocent.
Day two started off to a shaky start. The atmosphere of the court was very intense. Both sides, wondering if their hard work was truly paying off.
James Woodall, a witness for the defense stated that he saw the colonists throwing sticks and ice at the soldier standing guard. The soldier then shot once before any order was called. Woodall also mentioned that there was an order to fire instructed from behind but NOT from Preston. The Prosecution questioned whether or not Preston could have stopped the soldiers and Mr. Woodall clearly announced he could not have stopped it because this random man had broken ranks. James Woodall stood true to his testimony and fought for the truth.
Daniel Cornwall, another defense witness declared that Preston scolded the soldiers for shooting. Captain Preston was extremely angered with the event and shouted, “Damn you why do you fire. Don’t fireâ€. Obviously, Mr. Cornwall knew what he heard and was certain that the soldiers were being punished for firing without the Captains orders. Proving the Captains innocence, yet again.
The witness the jury, judge, lawyers, other witnesses and journalist’s had been waiting for was finally up to give his testimony. Preston set the scene for that night. The colonists had formed a mob and started the chaos. The soldiers shot because the heard the words fire, even though they did not come from Preston himself. The Captain had then yelled at the soldiers for shooting. Why would Preston do that if he shouted fire? Did he really shout fire? Or was it someone else? Preston then admitted that the crowd itself screamed fire over and over again, holding their striking clubs up in the air.
A quarrel then occurred in the court. The prosecutors had tried to discredit everything not only the Captain had said, but what all the witnesses for the defense had said. The prosecution questioned why the Captain had the guns loaded if he had not intended to shoot and the Captain said it was only if something extremely dangerous was to happen. Samuel Quincy tried to prove that Preston was not a reliable source and an objection was called for badgering the witness. Judge, James Oliver, sustained the objection and a smile appeared on John Adams’ face. This debated kept going until Mr. Quincy had finally given up on trying to dishonor the defendant.
The defense started off with their closing statements. John Adams argued hard to prove Captain Thomas Preston’s innocence throughout the entire trial and he ended it by stating that Preston loves the colonies and felt he was in danger that night. That Preston is brave, loyal and a good man. Adams’ made a very compelling argument. Can the prosecution do the same?
Samuel Quincy was in opposition with everything Mr. Adams’ had just said. Quincy announced that Britain only used the colonies for mercantilism. Then, he starts crying. Through sobs, saying, “Don’t let the murderer walk freeâ€. He tells the jury one last time that Captain Preston could kill anyone even someone they know, so they should make the right decision, that he is indeed guilty. A recess was then called so the jury could deliberate.
The mood of the room was so tense. Preston was very calm, yet his lawyers looked a little concerned. The lawyers legs were twitching, but the prosecution looked even more nervous. One of the lawyers was biting his nails and the other was tapping on the table. During that time, the lawyers met with myself and the other journalists to discuss the trial. John Adams told me that he felt “the prosecution did a decent job probing points and he respects them but is confident Preston will stay an innocent man.†Sam Quincy, for the prosecution then disputed saying that the jury needs to make the “right and ethical decision†and put Preston behind bars. Captain Preston however, announced that he was not scared at all for the verdict and is confident in his lawyers abilities to prove his innocence, “I am 100% innocentâ€. Only one can win the case. Only a few seconds later, Preston will have either been announced guilty or innocent.
Court is back in session and the jury re- enters the room. None of them looking at Preston. What does that mean? The foreman of the case then hands the judge the verdict. It reads, “We the jury find the defendant, Captain Thomas Preston, not guiltyâ€. James Oliver, the judge, then congratulates Preston as a free man. The defendant and defense lawyers jumped for joy, they had won!
Directly after the verdict was announced, another press conference was held. John Adams quoted, “I feel great about the results. My good friend Captain Preston is a free man.†Josiah Quincy then added, “Justice was served because he is and was an innocent man.†Today, Captain Thomas Preston walks the street a guiltless man.
Day 2 of the Trial Ends with the News We Have All Been Waiting to Hear...
By: Lisa Tsinis
BOSTON- On October 29, 1770, the second day of Captain Thomas Preston’s trial took place. On this day, the Jury named the verdict, guilty or innocent. But, it began with the completion of witness questioning, and the examination of Captain Preston. The trial continued in Boston’s courthouse, where justice will be served and the trial will occur, naming Preston, the causation of the death of five people, or not.
In the inception of the trial, prosecutors called up their witness, Ebenezer Hinckley, gathering more information that they could use. Ebenezer did not hear or see Captain Preston give an order to fire. Hinckley concluded that it was a captain who yelled to fire, but not sure if it was Captain Preston. He also saw Private Montgomery get hit in the head by a stick, getting knocked down; and shortly after, a fire was called. But by whom, he could not recall.
Daniel Cornwall provided more information about the ruckus, consisting of what Captain Preston said and where he was.
When the defense questioned him, he replied, “I saw Captain Preston standing in front of the soldiers. Not only did he not cause the danger, he was at stake himself. I heard him say, ‘Damn you! Why did you fire? Don’t fire!’ The Captain was facing me, only two yards away, so I am pretty confident I directly heard his comments.”
The prosecution lawyers argued, “If as you say, that Preston yelled against the firing, it still does not make it okay that five innocent colonists died.”
The prosecuting lawyer, Samuel Quincy, asked the witnesses multiple times what the definition of a massacre is. He confirmed from a variety of witnesses that a massacre is the killing of innocent people. The defending lawyer, John Adams, finally debated that a massacre is not the killing of innocent people. It is just the killing of the people. The objections continued, for badgering, speculation, and speaking in statements, not questions.
Another witness, Matthew Murray, was located two yards away from the captain, did not hear an order to fire because the Captain was too busy discussing something with another person.
The prosecution side said, “It is interesting that you are so sure that the Captain did not yell fire, because Robert Goddard, another witness, was standing closer than two yards away from the Captain, was definite that the Captain did yell fire.”
Finally, Thomas Preston, the person on trial as the criminal, was questioned in the cease of the trial.
“I did not order to fire! The colonists did! The soldiers only fired because they took my voice as the colonists’ voice by mistake! My life was at stake, just like any other person. I was yelling to stop the firing, not to cause it!”
Preston provided the jury with other information. For instance, the colonists were striking clubs at the soldiers, and created aggravation.
The prosecutors investigated Thomas Preston, when the defenders finished their questions towards the Captain. When they asked “what is your job?” Preston’s answer was the controlling of his soldiers.
But when the prosecutors emphasized the fact that his definition of his job did not match his actions on the day of the situation, he said, “I can’t control my soldiers if they begin firing! It is their aggressions dominating their minds and no matter what I would do, the colonists made them too angry to stop. And the guns were loaded in case of an emergency, not because I knew there was going to be a firing,” Thomas Preston replied, with a coaxing and determined voice.
The lawyers stated their closing statements, ending the trial with hopefulness that their job was served well, and attempt to continue to persuade the Jury.
“Men and Women of the Jury. As you and I can see, Preston is an innocent man. He is brave and good; he wouldn’t do anything to hurt the colonists. He loves his mother country, and loves the colonists just as much.” John Adams concluded.
“As John Adams said, the British love the colonists so much, that they use the colonists to make money.” Samuel Quincy says, as he begins to weep, “I don’t know how justice will be served if you let him walk from the courtroom as a free man, capable of killing another innocent person.” he continued desperately, and passionately, in tears.
Robert Paine believed that if they could’ve done anything better, it was creating more questions for cross examinations.
“I agree the prosecution did a decent job, proving points. I respect their knowledge, but I feel as though Captain Preston will stay innocent because he is innocent. I was disappointed that the prosecution’s actions in badgering my witnesses, excessively, without limiting themselves, though,” John Adams confessed, once the court was in recess, waiting for an answer about the verdict.
Preston quoted, “I am not scared. I am confident and a 100% innocent. My lawyers did a wonderful job proving that, for the most part.”
When waiting for the status of the verdict, the prosecutors were sitting, nibbling on their nails; yet, Captain Preston was calm.
Sam Quincy was worried that if the verdict is not guilty, the people could possibly get murdered.
The foreman, trolled to the judge, with the paper stating their answer in their hand. If the vote was not unanimous then, the court would not have an answer. Originally, the vote was eight against two, but the two jurors gave in, to make an unanimous vote.
“Thomas Preston. You are a free man,” James Oliver, the judge, stated.
The court room was filled with relief, and disappointment, happiness and depression.
“I feel marvelous that my great friend is now officially a free man,” John Adams announced with pride.
On the second day of the trial, Thomas Preston was named not guilty, after an intense and nerve wracking trial.
As Josiah Quincy declared, with honor and satisfaction, “Justice was served today, because Thomas Preston was named innocent and he deserved to go free!”
Captain Preston is a Free Man
by Jillian Maling
BOSTON - On October 29, 1770, the verdict of Captain Thomas Preston's trial was delivered. The jury found, after much debate, the defendant, Captain Thomas Preston, to be innocent. Judge Oliver, who came late to today's trial, declared Preston to be a free man. After the verdict was announced, the defense lawyers, John Adams and Josiah Quincy, began to rejoice, jumping out of their chairs and hugging each other while they screamed happily. On the other hand, the prosecution lawyers, Robert Paine and Samuel Quincy, seemed disappointed that they lose the case, their faces fell as the realization that they hadn't won spread across their face. It must be stated though, that both teams were very impressive during the trial.
The testimonies given today greatly influenced the outcome of the trial. Daniel Cornwall, who stood two yards away from the Captain, heard no orders given and did not see the Captain call "Fire." Moreover, Matthew Murray also did not hear the Captain order the soldiers to fire. James Woodall saw another man, who stood behind the soldiers, say, "God I'll stand by you whilst I have a drop of blood," and then yelled, "Fire." Woodall states that the man who stood behind the soldiers ordered them to fire, not the Captain. In fact, Woodall recalls that after the shots were fired, the Captain looked shocked as he looked at the soldiers. These testimonies showed that it was not the Captain who ordered the soldiers to fire. Captain Thomas Preston himself was on the stand earlier today. Preston claims that from the beginning, he had no intent to fire. He only had the soldiers bring their muskets in self-defense. Preston wanted to reason with the crowd and resolve the situation as peacefully as possible. When his soldiers did fire, without his order, he pushed up their fire locks to stop them. When Robert Paine cross-examined Preston, Preston stated that he was struck on the arm with a stick with a blow that, had it been to his head, he would have died. Paine asked Preston then, how did he push up the fire locks, if one of his arms was hit and left, as Paine put it, it a "dead arm." Preston defends himself by saying he pushed up the fire locks with his other arm that was fine. Paine then asked him, "So you brought up all the soldiers' fire locks with your one arm that wasn't struck. Before Preston could answer though, Paine told the judge he had no more questions and returned to his seat. A feeling of shock and confusion rippled through the court. Paine's strategy was excellent though; to get his point across before Preston could say otherwise. Unfortunately, the strategy wasn't enough to win the case.
Before the jury went to discuss the verdict, the lawyers gave powerful closing statements. The defense told the courtroom that it was clear that Captain Preston was innocent. Preston had no intent to fire. The order to fire did not come from the Captain but from beyond him. In contrast, the prosecution stated that the Captain did call fire. To counter the testimonies of the Benjamin Burdick yesterday, Robert Paine, of the prosecution, stated that Burdick could have N.I.H.L, noise induced hearing loss, which was caused by the loud gunfire. The N.I.H.L. could have confused Burdick, and he could have been mistaken when he said that he did not hear the Captain say fire. After the jury went out to deliberate the verdict, I went up to the prosecution to find out more. Robert Paine told me, "It is quite possible that Burdick had this syndrome [N.I.H.L.] and was confused about what he saw that night." Robert Paine and Samuel Quincy said that they had a strong feeling that they would win and the defense would lose. They felt that they had a good mind set in the jury and a stronger closing statement than the defense. In contrast, the defense stated, "With the evidence presented today, we feel that the jury will see him [Captain Preston] as an innocent person." Despite this statement, I overheard John Adams tell Josiah Quincy, "We're gonna lose!" It was clear that Adams was unconfident. Upon discovering that I had heard and recorded this statement, Quincy quickly tried to make it seem like they were confident and felt that they were going to win, contradicting what I had overheard. Once I finished speaking with the defense, I was approached by an angered Benjamin Burdick. He wanted to comment about what Paine said about him. He stated that he was sure that he did not have N.I.H.L. Then he claimed, "Even if I had N.I.H.L, I went to the soldiers after the shooting. N.I.H.L. is most likely short term and would not have reached the point where I spoke to the soldiers." Burdick then began arguing with Robert Paine. Paine asked him, "Why did the soldiers have muskets?" Burdick then angrily yelled, "Who cares?!" The courtroom broke out into discussions and arguments. Judge Oliver tried to regain control over the court, but he failed. The jury then returned to the room, and Judge Oliver impatiently told the court room to settle down so the jury could deliver the verdict. A juror announced that Captain Preston is acquitted. Captain Thomas Preston is now a free man and has restored his innocence.
The Trial Ended with the Verdict
By Michelle Wang
BOSTON---- Today, October 29th, 1770, ended the trial of Captain Thomas Preston. This was, again, held at the town courthouse. The remaining six witnesses were examined and cross-examined. Those witnesses included Theodore Bliss, Daniel Cornwall, James Woodall, Matthew Murray, Jane Whitehouse and, of course, Captain Thomas Preston himself.
Unlike the controversy between information given by witnesses in day one, most of the witnesses today seemed to agree more than the witnesses of the first day of the trial, this might’ve helped the jury better decide the Captain’s fate. The first five witnesses of the trial swayed the jury, but the person who most likely left the biggest impact on the jury’s decision was the last witness: Captain Thomas Preston. He had claimed that it was the colonists who had started the trouble. Two colonists got in a fight and those were the ones who physically started this fight. He brought thirteen armed soldiers and the party of soldiers fought back, but he repeatedly claimed that he had no intension to fire. Why had he asked them to bring guns, then? Paine had asked. After a couple more questions, the last question was asked by Paine and before Captain Preston could answer, Paine interrupted. “That is all, your honor” and just simply walked away.
In the prosecution’s closing statement, Robert Paine claimed Benjamin Burdick could have been suffering from NIHL (Noise Induced Hearing Loss) at the moment from the loud gunshots, so he may not have heard anything correctly. After the closing statements, Benjamin Burdick came and claimed otherwise. He had said that if he had lost his hearing at all, it would’ve worn off by the time he went up to talk to the soldiers. In between the time of the closing statements and the conversation with Burdick and while the jury was voting, questions were being asked the lawyers. The prosecution attorneys said that they had “a very strong feeling that defense will lose.” On the other side of the room, the “We certainly believe we will [win this case]…” were being said by the defense attorneys, “The jury will recognize that our evidence is strong [and] we are going to win!” Since they certainly believed they will win, why was John Adams having a secret panic attack? “We’re gonna lose!” he cried shaking his partner. After hearing the verdict, the question is: why was he panicking? He had nothing to worry about. They had nothing to worry about. They had done their job right and------ the defense won. The honorable Judge Oliver declared “Captain Preston is now a free man” and with the pound of the gavel, the trial was over; and Captain Thomas Preston had restored his innocence.
Caption Thomas Preston Trial Ends With a Shocking Verdict
by Allison Ziets
Day two of the Caption Thomas Preston Trial takes place on October 29,1770 in Boston, by the end of the trial the jury had come to a verdict
To start off day two the prosecutors called Ebenezer Hinckley to the stands. He said that he was a rod away from the caption, about five yards, he could hear Preston speak. He saw a boy throw a stick at a soldier. Hinckley didn’t heard the first order to fire but heard someone cry out of the window, “fire upon ‘em damn ‘em.â€. It might have been the caption but he was a rod from Preston and he heard no order to fire from him.
Next to be called to the stands was James Woodall by the defense. He saw the colonists throwing sticks and snowballs at the soldiers, one got knocked down and is gun feel from him, he then got up and took his gun and fired directly. After the first soldier fired, a man told the rest to and they did. It was not the caption giving the order, the caption looked shocked after they had fired at the colonists.
After James Woodall, the defense called Matthew Murry who was two yards from the Caption and would have heard or seen him if he would have given the order to fire. Murry believes there was no order to fire and saw the caption talking to someone at the time of the firing. He described the events as “chaotic†and “not a normal night on King Streetâ€.
Lastly the defense called Caption Thomas Preston, himself to the stands. He colonists and the mob of people started it, I heard them scream fire, he said. They fired because they thought the people screaming fire was him telling them to fire. He told them, “Don’t fire! Stop your firing!†He also admitted that he knew the colonists had striking clubs but is unaware if they used them. John Adams made the point that he was wearing red and some witness’ had been wearing purple. If they saw someone wearing purple say fire maybe it wasn’t the caption. Preston said his job was to have control of the soldiers and even though he was responsible for them that night it was from their aggression and we couldn’t stop them. He told them to load their guns so that if something terrible was to happen they would be prepared. With that the court went into recess for about one minute.
During this recess the court room was very intense. When court came back into session, the defense made their closing statement first. John Adams said he would not be defending Caption Preston if he didn’t believe he was innocent. Also that Preston loves the colonies and Great Britain and that he is very brave. Samuel Quincy gave the prosecutors closing statement next. He said that Preston loved Great Britain and began to cry, they can’t let that murderer walk free because he could kill others. Then the jury left the courtroom for recess.
During this recess, a prosecutor Robert Paine admitted that, “I could have done better creating more questions for the cross examinations of the witness’.†The other prosecutor lawyer Samuel Quincy said, “ It went well and I hope the jury makes the right and ethical decision by putting Caption Preston behind bars,†when asked he felt the trial went. Next we asked defense lawyer John Adams how he felt the prosecutors did that day, “ Prosecution did a decent job of proving their points. I respect them but I feel that Caption Preston will stay an innocent man because he is an innocent man. One thing I have to say about the prosecutors is that they badgered my witnesses over excessively. Lastly we stoke with Caption Thomas Preston, “No I am not scared for the verdict. I am confident I am innocent,†and “For the most part yes my lawyers were good.â€
Before we had heard that the vote was eight to two which would have meant another trial. Thomas Preston would either be free until the next trial or in jail till the next trial. When the jury came back into the courtroom with the verdict, lawyers looked tense, were biting their nails, twitching, and sweating. Surprisingly, Caption Thomas Preston looked quite calm. The verdict of not guilty was announced and Preston is now a free man. “I felt great after the verdict was announced. I’m happy that my good friend Thomas Preston is now a free man,†John Adams told us after the verdict was announced.
The Trial of Captain Thomas Preston Has Begun
By Michelle Wang
Boston---- Today, October, 24th, 1770, held the first day of the trial of Captain Thomas Preston. This was held at the town courthouse. The defense attorneys were John Adams and Josiah Quincy II and the prosecution attorneys were Samuel Quincy and Robert Paine. They examined and cross-examined a total of ten witnesses today, starting with Diman Morton and ending with Benjamin Burdick.
Captain Thomas Preston was there during the Boston Massacre; so were many other soldiers. So why was he on trial and not anyone else? Well, Captain Thomas Preston was in charge of the British troops involved in the Boston Massacre, happening outside the custom house, and, according to some, he was said to have told the troops to fire. As a result, he was accused of killing five and badly injuring six.
But, is this accusation true? No one knows yet. According to witnesses such as Robert Goddard and Daniel Calef, Captain Thomas Preston did tell the soldiers to fire. On the other hand, witnesses Andrew and Benjamin Burdick seemed to be fairly confident Captain Thomas Preston did not call fire. Others were unsure. Most of the witnesses were at least four feet away from the happening. Is that far enough away to mistaken Captain Thomas Preston for someone else? In fact, there was a dispute on what color surtout he had on. Some said he was wearing a clothing colored surtout, others said he was wearing a red surtout. The captain was most likely not wearing two surtouts. So what colored surtout was Captain Thomas Preston wearing? This will be made clear on the second day of the trial, when Captain Thomas Preston, himself, will be questioned. After the first day of the trial, the prosecution and defense attorneys held a press conference. The defense attorneys thought “today’s trial went well.” On the prosecution side, Robert Paine had said they were doing all they can to try to “bring justice to the captain.” “Justice will be served.” added Samuel Quincy, another prosecuting attorney. In an interview with the defense attorneys after, they had made it clear that “Tomorrow it’ll be shown that he did not call fire.” Will “justice be served” or will it “be shown that he did not call fire?” This will remain unknown until the second day of the trial: when the jury reaches the verdict.
DAY 2 OF PRESTON'S TRIAL ENDS IN SHOCKING OUTCOME
By: Abby Knorr
BOSTON - The trial of captain Preston continues as day 2. As the jury takes longer to get ready, the defense calls up Mathew Murray to the stand. Today, the defense seems more confident with themselves as they ask there questions, and the prosecution still as confident as ever. There is an eerie silence throughout the courtroom. Neither side objects, each simply call up their witnesses.
"He was standing in shock" says witness James Woodall as the prosecution asks what captain Preston was doing during the 'incident'. when Jane Whitehouse was called to the stand she states that "the soldier shot immediately at the touch of the shoulder" meaning that she saw someone else in fact give the order to fire, not in fact Captain Preston. This did not thrill the prosecution in the least. And at last the silence is broken when the defense objects and Judge Oliver sustains.
Though the defense seemed at the top of there game as they object, and the judge sustains, time and time again. Even the judge seemed to favor the defense. Then at last the witness everyone has been waiting to hear. Captain Preston is called to the stand. There is silence from everyone around as he slowly walks to the stand, everyone notices the condition his arm is in, all bandaged up, and limp as a wet noodle. But the defense break the silence, "I was in fact shouting,'Do not fire! Stop your firing!'" states Preston. A fight between Paine and Preston starts with simple sass from captain Preston, and ends in full blown professional trash talk between the both of them.
Then at last the prosecution and defense give their closing statements. And as Judge Oliver sends the jury to another room. Tension slowly builds between the Quincy brothers. "I firmly believe that Captain Preston is NOT a guilty man, and we will win this trial based on the evidence" says Josiah Quincy proudly. But the same is not felt on the other side, and Samuel Quincy is taking it out on his brother. "It does cause tension, but he is young and does not know the words coming from his mouth" As the jury walk back into the courtroom tension rises to exponential levels. The jury did not come to a conclusion, and judge Oliver has sent Captain Preston back to prison, so now it is all up to the prosecution to decide Preston's outcome.
Will Captain Thomas Preston be Found Guilty or Innocent?
By: Lisa Tsinis
BOSTON- On October 24, 1770, the first day of Captain Thomas Preston’s trial took place, in the courthouse in Boston, questioning his actions during the rivalry, between the colonists and British soldiers. He is on trial for the murder of five innocent Bostonians, who happened to be in the conflict. By tomorrow, day two of the trial, the jury will have reached its verdict. As of now, the captain’s options seem pretty open, between living the rest of his life as a free man, or in denial and regret forever.
The witnesses and lawyers benefit the jury, tremendously, by advising them with the correct decision of what to do about Captain Thomas Preston’s actions. Many different witnesses presented their stories and each and every one of the spectators left interesting impressions on the observers of the trial. Every time a lawyer spoke, they changed the mind of a jury member, by showing a new and clever point.
As each witness spoke, one by one, and the mystery to Preston’s innocence became clearer. The trial began with power, confidence, and determination in both sides, showing knowledge and how prepared the prosecutors and defenders were. The lawyers were sure in what to do to get the jurors on their side. When the first witness came up, Richard Palmes, the courtroom was focused and engaged in what will be heard. Richard Palmes replied with detail after every good question asked, along with the rest of the witnesses following him.
The word fire was heard by many, even twice, but the question was who yelled it out. Additionally, the anger of Captain Preston was not recalled and the clothing he was wearing that night, beside the color red, was not unanimous.
“I heard the word fire and saw them come out of his mouth. I saw gunshots, as well,” Joseph Petty provided.
As the questions departed from the lawyers’ mouths, objections and disagreements came along with them. Objections on objections took place, and badgering of a lawyer existed.
Diman Morton was a witness, located very near the setting of situation. The word “load” was heard from the captain, but an order to fire was not.
“Soldiers may have been in danger,” he stated. Robert Goddard, whom was also so close he could almost touch the captain, heard Preston use the word fire. Evidently, witnesses heard diverse things.
Benjamin Burdick heard a fire from a soldier, but not necessarily a captain.
“Preston screamed at the soldiers to create guilt, and he said ‘no firing’,” Burdick explained.
In addition, Theodore Bliss spoke to the captain, questioning the loading of the guns. The guns were loaded, but they did have a reason to be. It wasn’t the soldiers whom started the trouble, it was the colonists. They provoked the soldiers to shoot by throwing sticks and snowballs at them. There was a mob of approximately one hundred colonists, ready to pick a fight. Also, Henry Knox found out that the captain knew was he was doing, and was responsible of his actions. Preston’s life was at stake and if he did yell fire, it was for one reason: self-defense. Firing would not have been an intended action of the soldiers.
The response that stood out the most out of all the witnesses was from Jane Whitehouse.
“The encouraging word fire did not come out of an officer’s mouth; it came out of a man wearing dark colors. This man was coming behind and around a soldier, telling him to fire. I am 100% positive it wasn’t Captain Preston who bellowed the word fire,” she said.
Although the mystery is still a question to be answered, lawyers were proud of their work and positive that they coaxed the jury into the right decision.
The defending lawyer, John Adams stated, “I believed that we had great success in our questioning. We proved many of our important points with evidence, not speculation. Overall, we worked hard, and hopefully will do as great as we did today.”
The other defending lawyer, Josiah Quincy said, “I think that Captain Thomas Preston will be named innocent. Many of the witnesses were beneficial to our case, but of course there are the unwonted few that helped the prosecutors.”
The prosecutors believed otherwise...
“ I hope that the jury with realize the truth that Preston is a murderer and that defending something that is not true will be much more difficult to prove. As well as that, if Preston is found guilty, justice will be served! The hanging of the captain or chronic jail time will be discussed options,” Samuel Quincy and Robert Paine disputed.
The answer to the question, Will Captain Thomas Preston be Found Guilty or Innocent?, is still undistinguished, waiting to be answered by James Oliver, the judge, and the jury tomorrow, during the second part of the trial. The mystery is still a mystery after day one of the trial, but the answer is getting close. Captain Thomas Preston is in a difficult situation, and his status will be provided tomorrow, changing his life eternally. `
Trial Heats up in Boston Courtroom
Boston- Today morning Honorable
Judge Oliver opened the Captain Preston v. State trail
today. Preston was charged of indirect manslaughter,
and the mismanaging of British troops in the killing of 5
civilian men. The prosecution Samuel Quincy and Robert Paine opened with a powerful opening statement “Bostonians… Five dead… Captain Preston … Justice Prevails Guilty as Charged”. Defendant John Adams and Josiah Quincy (brother of Samuel Quincy) fired back “He is not guilty… I urge you to listen to the testament of these men and prove this man innocent.” The morning had only begun.
“The Prosecution calls Richard Palms” Robert Paine called upon Richard Palms to testify against Captain Preston. Likewise John Adams fired back in a heated Cross-examination. “Somebody there said there was a Rumpus in King Street. I went down. When I had got there I saw Capt. Preston at the head of 7 or 8 soldiers at Custom house drawn up, their Guns breast high and Bayonets fixed. Found Theodore Bliss talking with the Captain. I heard him say why you don’t fire or words to that effect. The Captain answered I know not what and Bliss said God damn you why don’t you fire. I was close behind Bliss. They were both in the front. Then I step’d immediately between them and put my left hand in a familiar manner on the Captains right shoulder to speak to him. Mr. John Kickling then looking over my shoulder I said to Preston are your soldiers Guns loaded…” The defense and prosecution played an intense tennis match of words throwing the blame back and forth between Daniel Calif, Henry Knox, Joseph Petty, and further witnesses. After eight witnesses the Prosecution rested.
The judge then called upon the defense to call their witnesses. “we call Andrew”. The volley of words intensified until a shouting match erupted between John Adams and Robert Paine. “'OBJECTION leading the witness. Sustained. OBJECTION Badgering the witness!’ ‘No, it’s not a question it’s a statement’ ‘OBJECTION’ ‘IT’S A STATEMENT’ ‘OBJECTION LEADING THE WITNESS’” The shouting math went on for a few minutes until Judge Oliver brought the court back into shape. After hours debating back and forth, Judge Oliver postponed the trial, allowing a press conference after the trial. “We are confident that we shall win this case as all the evidence is leading towards our side. Captain Preston is NOT guilty.” In a later press conference, the Prosecution quoted “The people murdered the night of March 5, 1770 are not forgotten. Captain Preston IS guilty, as stated before by our eye witnesses.” The tension builds as the second day grows closer and closer with every second.
Captain Preston's Trial has Commenced
by Jillian Maling
BOSTON - On October 24, 1770, the trial to determine whether Captain Thomas Preston is guilty or innocent began. Captain Preston is being charged for the murder of five colonists during the Boston Massacre. The defense lawyers in the trial are John Adams and Josiah Quincy, while the prosecution lawyers are Robert Paine and Samuel Quincy. During today's portion of the trial, ten witnesses, eight for the prosecution and two for the defense, were called to the stand to describe what they had seen during the massacre. Their testimonies will influence the verdict of Captain Preston's trial.
Captain Thomas Preston has been put on trial for the murder of five colonists. The prosecution claims that Captain Preston is guilty, stating that the Captain did order the soldiers to fire, killing five innocent colonists. However, the defense claims the opposite, telling the court that the Captain is not guilty and is not to be blamed for the deaths of those five colonists. In an effort to prove their sides, the lawyers questioned witnesses who saw what happened. Richard Goddard states that he heard the Captain order the soldiers to fire. The Captain then cried, "Damn your bloods fire think I'll be treated in this manner." Upon saying this, all the soldiers began to fire, seven or eight shots in all. Goddard is sure that it was that Captain who ordered fire, because he was close enough to the Captain when he ordered fire that he could touch him. Moreover, John Cole, who stood within four feet of the Captain, saw soldiers pushing people that were trying to come into the streets. The Captain then said, "Damn their bloods fire again and let 'em take the consequence." Both witnesses help the prosecution prove that Captain Preston is guilty and commanded the soldiers to fire. In contrast, Benjamin Burdick went up to one of the soldiers and asked if he was loaded and if he would fire. The soldier answered yes to both questions, and then began to push Burdick with his bayonet. After the soldiers began firing, he saw the Captain stand before the soldiers and push their guns up, telling them to stop firing and not to fire again. Burdick claims that the order to fire came from behind the soldiers, but the Captain stood in front of the soldiers. After the firing stopped, Burdick saw a man walking quickly away from behind the soldiers. Furthermore, Richard Palmes stated that he saw Theodore Bliss talking with the Captain. Palmes says that he heard Bliss ask the Captain why he wouldn't fire. The Captain answered him, "I know not what," and Bliss replied, "God damn you why don't you fire." These witnesses aid the defense show that it was not the Captain who told the soldiers to fire, therefore he is not guilty for the murder of those five colonists.
Throughout today's trial, there was much controversy about what the Captain was wearing that day. Some witnesses claim that the Captain was wearing a cloth-colored surtout. Others state that the Captain was wearing a red coat and a yellow jacket but no surtout. Moreover, there were numerous objections from each side, most of which were sustained. Both sides did not seemed discouraged by this, and the same could be said whenever the witness said something that did not help their side. Instead, they continued the case, confident and determined to succeed in proving their side. At the end of today's part of the trial, both the prosecution and defense issued statements of how they think the trial went. John Adams and Josiah Quincy, the defense, think that today's trial went well, and many witnesses were unsure of who called fire. This helps them show that Captain Preston is not guilty, because it cannot be proven that it was Captain Preston who called fire. The defense team believes that they got their point across and did well. They state that they will be able to prove that it was not the Captain who called fire. Adams and Quincy even believe that, partially, the prosecution witnesses helped prove their point as well. On the other hand, Robert Paine and Samuel Quincy, the prosecution, believe that they are doing all they can to bring the Captain to justice. The prosecution team believes that the trial went well and that they have a good edge for tomorrow. They know that their side is "more solid" and got their point across to the jury. Paine and Quincy think that they can convince the jurors to support them and vote in their favor. Whether the prosecution or the defense will win the case is unclear, but the sides are equally matched. They will both have to work very hard to prevail over the other.
Preston Trial Kicks of with a Fiery Start
By: Shoshana Stahl
In Boston, on October 24th, 1770, the first day of Captain Thomas Preston’s trial took place. He is on trial after five innocent colonists were killed during the Boston Massacre. Preston is accused of being the culprit, yelling fire to the soldiers and murdering five Bostonians.
Trial started with the entering of James Oliver, the judge for the trial. Prosecution then began with their opening statement. To summarize, the prosecutors find it their job to prove that out of aggression, Captain Preston instructed the soldiers to fire and that the colonists were only voicing their opinions.
The defense then made a comeback, giving remarks on their duties during this trial. The defense attorneys feel they need to prove the truth that Preston truly is innocent and these accusations are indeed, false. Josiah Quincy and John Adams are the lawyers defending Mr. Preston. They are opposing Samuel Quincy and Robert Paine in this two day long trial.
The Prosecution had numerous witnesses, starting of with Richard Palmes. Palmes stated that he saw around 6 soldiers lined up with the Captain and their guns pointed at the civilians(guns were loaded). He heard the order to fire and found it unjustified, since there was no noise coming from the colonists, only chaos from the soldiers. However, Palmes stated that Preston had said he did not intend to shoot the colonists. What is the truth?
The examinations and cross examinations of many prosecution witnesses took place and ended with Robert Goddard. Goddard could not see Preston from where he was standing on King Street, but undoubtedly heard Captain Preston shout, “Damn your bloods fireâ€. Then the shots rang out. Anyone could have shouted out fire. Goddard believes 100% it was Preston, but is he right?
The same then began with defense witnesses. One key witness was Theodore Bliss. Bliss declared that he was so close to Preston yet hear fire several time, but not from Preston’s mouth. He also acknowledged the fact that the colonists(about 100) started the fight by throwing snowballs and sticks at the soldiers. Mr. Bliss obviously feels the citizens are at fault since they started the riot. Is this the truth? That’s what not only us as civilians, but the jury must think about when they deliberate the verdict on Day 2.
Later in the trial, an outburst occurred. Both sides were making objections and order had to be called to the court. The defense felt the prosecution was asking a witness to speculate, several times. A debate occurred, ending with the overrule becoming sustained.
Day 1 was then adjourned and a press conference was held by the lawyers. John Adams for the Defense felt that Day 1 was a huge success and hopes the same for the next day. He also feels they “proved their point with evidence NOT speculationâ€. The prosecution then rebutted that they felt the defense did okay but the jury will definitely find Preston to indeed, be guilty. Robert Paine, then stated that if Preston is found guilty, justice will have been served.
Day 1 of the Preston trial is over, but what is the truth? How will the jury find Preston? Guilty? Not-guilty? These questions will soon be answered after day two finally comes.
Day One of Caption Thomas Preston Trial Takes Place
October 24, 1770-Caption Preston was in charge of the British troops involved in the Boston Massacre on trial for the killing of innocent Bostonians.
Prosecutors believe that Preston shot the Bostonians in a form of aggression because they were stating their opinion, while the defense lawyers believe that Caption Preston was trying to stop the soldiers from shooting after the fire started.
The prosecutors started the trial by calling up Richard Palmes to the stands. Palmes said that he saw seven or eight soldiers line up with Caption Preston in front of them at the Custom House. He added that their guns were loaded and although he didn’t heard much, after he asked Preston if he meant for the soldiers to fire and he answered no, he didn’t mean to shoot them.
Second, they called up Daniel Calef. He was very certain of what he saw and heard that night while he was standing in front of the Custom House. He heard the word “fire†twice and even saw the officer’s mouth as he gave the word. At this time a point was made by the lawyer that the formation was a half moon formation which was their battle formation. He also, remembered what Preston was wearing on the night of the firing and recognized him when he entered the courtroom on the day of the trial.
Next, they called John Cole up to the stands. He said that he saw the colonists coming to the street, but saw no sticks. He was within four feet of Preston and even though he didn’t hear the first fire he heard him say Damn their bloods fire again and let ‘em take the consequence. He was talking about the colonists not the soldiers. Cole agreed that Preston could have been angry about the colonists’ actions.
After that, the prosecutors called Joseph Petty up. He started by stating that he saw soldiers with guns loaded and heard the word fire. He saw a stick thrown after the firing. He agreed with the lawyer that soldiers were not threatened. There were objections in the court which resulted in the judge calling for order. Petty ended with that it could have been possible that Preston did not say “fireâ€.
Next, Dirman Morton was called up to the stands. He heard the Caption tell the soldiers to load their guns, which the lawyer made a point that he wouldn’t have ordered that unless he was considering firing. He was standing near the Custom House close to Preston. When the defense came up they said that loading the guns could have been normal in that situation. According to Dirman Morton there was no order to fire by the Caption.
Finally Robert Goddard was called up. He was standing on King Street facing the soldiers and was close enough to touch Caption Preston. He was able to see his mouth when “fire†was exclaimed and is certain he heard the word fire yelled. But, he didn’t recall what the Caption was wearing because he was behind the soldiers so his reliability might be questioned.
The defense started by calling up Benjamin Burdick. He was on King Street at 9 p.m. that night. A soldier told him that he would fire by God. Burdick recalls the caption telling his soldiers to load. He didn’t speak with Preston but said that the caption yelled not to fire after someone else yelled fire. Benjamin Burdick does think he intended to fire though.
Next to be called up to the stands was Theodore Bliss who spoke to Preston and asked if the guns were loaded which they were but he didn’t ask him about the fire. Bliss confirmed that colonists were throwing sticks and snowballs. That could have started it and provoked Preston to shoot, Theodore Bliss did hear fire yelled several times but is unaware of who it came from. It could have been the caption because he was close enough that he could have heard him yell.
Henry Knox was brought up after Theodore Bliss by the defense. Knox, who was standing at the foot of the Town House, blames the soldiers for the firing. He heard the colonists and a soldier yelling back and forth. He was not standing close to Preston but had talked him before and had asked if he knew what he was doing in which Caption Preston replied yes. The defense brought up that his life would have been at stake if he yelled fire. During his time on the stands Henry Knox looked nervous and unaware of what he should say.
Lastly, Jane Whitehouse came up to the stands. She saw a line of soldiers and a man encouraging them to fire. The man didn’t look like the officer though but when this strange man yelled fire the soldiers did. He told them he would stand by the soldiers if they fired. Whitehouse is certain this was not the caption because the caption was standing three yards left of the soldiers. With that, the trial was concluded until the next morning.
After the trial, John Adams, a defense lawyer who said that, “Day one was a success. We got a lots of our questions in there. We were able to prove many of our points with evidence not speculation. We worked very hard and hope tomorrow we will have the same success.†Then Robert Paine, a prosecutor said, “I believe justice will be served and he will be in jail for a long long time or maybe hung."
CAPTAIN PRESTON'S TRIAL IS LAUNCHED TO EPIC START
By: Abby Knorr
BOSTON - Day 1 of captain Preston's trial began in a court in Boston to question the captain's actions. Preston was charged with manslaughter of 5 civilian men. Josiah Quincy and John Adams are the defense lawyer's trying to prove Preston's innocence, while Robert Paine, and Josiah Quincy's brother, Samuel Quincy are the prosecution. There is already tension in the court.
The two brothers, Samuel, and Josiah give the opening statements for both sides, which already has the jury leaning into their desks in excitement. Prosecution first calls Richard Palms to the stand, then Henry Knox. seeing that Knox isn't too sure of himself the prosecution presses on him. But the prosecution steps down before the defense can object.
Only half way through the trial and the defense already seemed to be nervous and tense, not sure if they can really win. The prosecution, confidently, calls Andrew to the stand. Also confidently, the prosecution fought with the defense after they object many times. Judge Oliver finally cools both sides down, and seems to favor the prosecution.
"Scared of British scum?" Ben Burdock says haughtily when the prosecution assumes he was afraid of British soldiers. Judge Oliver then called a recess, and the court will meet again tomorrow. Oliver then issued a press conference where the defense states that "All the evidence points to his innocence. We will win no doubt, and prove that Captain Preston is innocent!". The prosecution then said quite proudly,"Preston is guilty! And we will do whatever we have to to bring the men he killed to justice!"