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Table of Contents > Colonial America > Lot 49 |
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Browse the Auction in Groups of 25 Lots: |
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Lot Number: 49
Click for a Printable PageSign-in to Bid or Register to Bid Estimate Range: $1,400 - $1,800 |
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1770 Boston Massacre and British Captain Preston 29th Regiment Soldier’s Trial: The Gentleman's Magazine Report |
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December 1770-Dated Important Pre Revolutionary War Issue of “The Gentleman's Magazine”, Published in London (St. John's Gate) by E. Cave for Sylvanus Urban, featuring a First Page Page Contemporary Report with Coverage of the Boston Massacre Trial of British Captain Preston in Boston, Complete issue, Choice Very Fine. An most important, original and complete issue in very nice condition of “The Gentleman's Magazine”, Published December 1770, London (St. John's Gate) by E. Cave for Sylvanus Urban. This monthly magazine measures 8.5" high x 5" wide, 48 pages, self wraps, string bound, disbound, the front cover with fine large woodcut image of St. John's Gate, London, and an extensive table of contents listed. The very first listed item on the internal first page reads: “Trial of Capt. Preston at Boston... (page) 546”. Headed, “AMERICAN AFFAIRS” the majority of the first inside page devoted to the then contemporary report on the “Boston Massacre” trial of Capt. Preston in Boston (he was found not guilty just weeks prior to this issue). It has a firsthand report reading, in part: “An Account of the Trial of Capt. Preston, at Boston in New-England. --- The Trial began on Wednesday the 24th of October, and was continued from day to day, Sunday excepted, till Tuesday the 30th. The witnesses who were examined on both sides amounted to about 50. The Lawyers for the Crown were Mr. Barne and Mr. Samuel Quincy ; for the prisoner, Mr. Auchmuty and Mr. John Adams. Each of them spoke for about three hours at least.” The report about witness testimony continues with extensive quotes and information from both sides. The report continues, regarding the Prisoner’s case, in part: “Judge Lyndes concluded. He spoke for a considerable time, and was of the same opinion as the other Judges. Towards the close of his speech he said. ‘Happy I am to find, that, after such strict examination, the conduct of the prisoner appears in so fair a light ; yet I feel myself, at the same time, deeply affected, that this affair turns out so much to the disgrace of every person concerned against him, and so shame of the town (Boston) in general.’ The Jury returned their verdict, NOT GUILTY. He (Capt. Preston) was immediately discharged, and is now in the Castle (at Boston). Great numbers attended during the whole trial, which was carried on with a solemn decency.” On October 30th, 1770, the jury delivered its verdict: Captain Thomas Preston was found Not Guilty. Of note, there is a lengthy discussion of current North American Affairs, including in this Trial issue held in Boston. This issue also includes discussions of the effects of gambling on Native American Indians, free elections, drunkenness in public, Voltaire, and much more extensive content. This issue is Illustrated with a scarce Copper-Plate engraved folding Map titled, "A Plan of Constantinople, Places adjacent and canal of the Black Sea" (Engraved by J. Lodge). A lengthy description of this map is found within the issue near the map. Overall, a wonderful assortment of topics is covered, please note the image with the specific contents listed. This magazine issue has nothing severe or unsightly, with minor stitching splits in the near spine edge paper including page 546, back to back pages 561 & 562 with a 2” tear at the top edge, and the map of Constantinople with 2 margin edge 1” splits at bottom. The front cover with handwritten “London” and a likely prior owners name written and canceled at the bottom margin. This magazine remains quite attractive, still clean, tight, and sound internally. Robert Auchmuty, John Adams, and Josiah Quincy led the defense of Captain Preston. Robert Treat Paine and Samuel Quincy served as the prosecution. Lacking physical evidence, both the prosecution and defense had to rely almost entirely on eye-witness testimony. Captain Preston's trial began on October 24, 1770. Lasting six days, this trial became the first in the American colonies with a duration longer than a single day. The prosecution argued that while Preston had not fired a single shot himself, if he had given the order to fire, Preston would have to take responsibility for the five civilian deaths. The defense argued that there was not sufficient evidence to prove that Preston had given the fatal order. Witness testimony in Captain Preston's trial suggest that he may have been standing in front of his soldiers when they fired their weapons, unlike what is depicted in the historic engraving titled, “The Bloody Massacre perpetuated in King Street Boston on March 5th 1770 by a Party of the 29th Regt.” Engraved by Paul Revere. See: Library of Congress, Prints and Photographs Division. As witnesses gave their testimonies, contradictions emerged. Some witnesses even disagreed over what Preston had been wearing. The contrary evidence made these witnesses seem less credible, which helped to sow seeds of doubt in the jury. The testimonies that ultimately saved Preston were from multiple witnesses who swore that they had seen the captain standing in front of the soldiers when they began to fire. One of these witnesses was a free Black man, Newton Prince. Prince testified that he saw Captain Preston standing in front of the soldiers and "heard no orders given to fire." If Preston had indeed given the order, he surely would have been wise enough to stand behind his soldiers. On October 30, 1770, the jury delivered its verdict: Captain Thomas Preston was found Not Guilty. The Trial of the 29th Regiment Soldiers: On November 27, nearly a month after Preston's acquittal, the court moved forward with its trial of the soldiers. Since the prosecution had been unable to prove that Captain Preston had given the order to fire, the question remained: did the soldiers open fire of their own accord? John Adams and Josiah Quincy stayed on the case, while Sampson Salter Blowers replaced Robert Auchmuty. For the trial of the soldiers, John Adams agreed to serve as the lead defense lawyer. The prosecution team, Robert Treat Paine and Samuel Quincy, remained the same. From the beginning of the trial, neither side contested that one or more of the soldiers had discharged their weapons on that fateful night. To argue its case, the prosecution simply needed to prove two points: that the soldiers had been present the night of the incident, and that they had fired their muskets. The defense had a larger task ahead of it. The lawyers needed to argue that the soldiers fired in self-defense, which would justify their actions. During the trial, the lawyers called more than forty witnesses to testify in court. One of the most interesting testimonies presented for the defense was that of Patrick Carr, one of the victims who had died nine days after the Massacre. John Jeffries, Carr's surgeon, testified on his patient's behalf, relaying Carr's dying declaration to the court. Jeffries told the court that, in part: “[Carr] told me... he was a native of Ireland, that he had frequently seen mobs, and soldiers called upon to quell them... he had seen soldiers often fire on the people in Ireland, but had never seen them bear half so much before they fired in his life...” Seemingly, Carr did not blame the soldiers for defending themselves. This testimony proved invaluable. In their closing arguments, both the prosecution and defense acknowledged that, without a doubt, the soldiers fired their weapons. However, they debated whether the use of deadly force had been justified. In his closing statement for the prosecution, Samuel Quincy argued that the soldiers could have fled the scene if they feared for their lives. Instead, the soldiers chose to use deadly force. Quincy said, "A person cannot justify killing, if he can by any means make his escape." Therefore, the soldiers should be convicted of murder. John Adams closed for the defense. He reminded the jury that their decision had to be based on the facts rather than their passions, stating: “I will enlarge no more on the evidence, but submit it to you. - Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence: nor is the law less stable than the fact; if an assault was made to endanger their lives, the law is clear, they had a right to kill in their own defence; if it was not so severe as to endanger their lives, yet if they were assaulted at all, struck and abused by blows of any sort, by snow-balls, oyster-shells, cinders, clubs, or sticks of any kind; this was a provocation, for which the law reduces the offence of killing, down to manslaughter, in consideration of those passions in our nature, which cannot be eradicated. To your candour and justice I submit the prisoners and their cause.” After a nine-day long trial, the decision rested with the jury. They deliberated for two and a half hours before returning with their verdict. The jury outright acquitted six of the eight soldiers present the night of March 5, 1770. For the remaining two soldiers, Hugh Montgomery and Matthew Kilroy, the jury found them guilty of manslaughter. By invoking the Benefit of Clergy, an antiquated piece of English law that reduced sentences for first time offenders and could only be used by literate citizens, the defense successfully commuted their sentences from capital punishment to having their right thumbs branded. -- END |
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Lot Number: 49
Click for a Printable Page Sign-in to Bid or Register to Bid |
Estimate Range: $1,400 - $1,800 |
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