TeacherWeb

Mr. Nieskens American History



Top Divider

 

Announcements




The Decision Is In

The Result Of Captain Thomas Preston’s Trial Is In

By: Kevin Sun



Today, the final day of Captain Thomas Preston trial was exceptionally 
breathtaking and it begins with a rather dreadful witness. The first witness 
of the day, Matt Murray, went up to the stand. He basically stated did not 
hear anything and all he could see was Preston talking a man he couldn’t even 
distinguish who that man was. Next up was David Cornwall. He was near the 
captain and he hear someone say, “Damn you why don’t you fire.”, but he was 
certain the captain did not say anything although he did not say for them to 
stop firing. The next witness was Benjamin Burdick. He blames the soldiers 
for what happened that night and he heard the captain say to stop firing. He 
said that the soldiers were afraid and when he asked one if he was going to 
shoot, the soldier said yes. He did hear someone say fire but not the 
captain. He also had a sword to protect himself. The last witness of the day 
was Captain Thomas Preston himself. He stated that the colonist started the 
trouble and a soldier shot because he was hit with a club. After that, 
someone said, “Damn you bloods, why don’t you fire. “And 3 or 4 more soldiers 
shot. He said that that he was also struck with a club and rendered his arm 
useless. He also stated that he did not want anyone to fire.

 

        During the end of the trial and while the jury was outside waiting 
for a decision, attorneys Robert Paine and John Adams stated to fight and 
Judge Oliver had to stop the. During this fighting Jane White said, “These 
people are acting like females, they have no backbone.” After the fighting 
there was a bug in the court and John Adams proceeded to kill it. After all 
the commotion, the verdict was finally in. It was a hung jury. After the 
trial I took a comment form the attorney Robert Paine. He said, “I think that 
the jury made the wrong decision. I think it should be a hung captain and not 
a hung jury.” This decision shocked many people including myself and we’ll 
have to wait and see what happens next.

                         DECISION REACHED!!!!

Today, another exciting day of the trial begins! Today, the defense got a 
chance to call up the witnesses to the stand. Matthew Murray was the first 
witness. He was about two yards away from the captain and did not hear an 
order to fire from the captain. The prosecution argued that because he was 
two yards away it is possible the captain could have given the order to fire 
but he had not heard it. Benjamin Burdick, also a witness, was angry at the 
soldiers for firing without the captain’s command. He said the night of the 
massacre he asked the soldiers if they would shoot again and the soldiers 
replied saying yes and pointed their bayonets at him. Daniel Cornwall was 
facing the captain directly and said the word fire was heard but from a voice 
but not the captains. The prosecution however got him to say that during the 
time of the shooting the captain did not stop his soldiers from firing. The 
captain himself was the next witness. He says when the fire bell was heard he 
assumed it was a regular fire, but still went out. He says after he saw the 
guard who was protecting the royal treasury in danger he called for help. He 
says the crowd did not stop the taunting. He declares the colonists were 
throwing snow as big as ice and calling the soldiers,”lobster scoundrels.” He 
also says the shooting started when one soldier was hit with a club and fired 
as an instinct. He says one man provoked the soldiers to fire again when he 
said, “Damn their bloods fire again and let them take the consequence.” After 
that the soldiers, assuming it was him saying the orders, immediately fired. 
He says he did in fact tell them to stop firing and was shocked after the 
firing. That was all the captain had to say. The prosecution then went on to 
say their closing statements. They asked a question to the captain saying why 
would he tell his men to load but not fire? Also, witness Robert Godard was 
facing the captain and says he heard the captain say fire. In addition he 
says the soldiers had no mercy after the killing. The defense then makes 
their closing statements. They say many witnesses did not see or hear Preston 
at the time of the massacre. Furthermore, they continue to say that there was 
another colonist wearing a sort-out like Captain Preston’s and he could have 
easily been mistaken for the captain. Also, they said that the colonists were 
violently threatening the soldiers. The judge then tells the jury to make a 
decision. Moments pass by, both sides anxious for a outcome, however both 
confident they will win. Then the moment of truth arrives when the jury 
slowly walk back. The lawyers faces are filled with shock as they hear the 
conclusion the jury has made. There has been a “hung jury” meaning the votes 
were equal.  The prosecution frowns in disapproval. The captain will not be 
let free without any charges. This trial was an interesting one. It started 
out in favor of the captain being guilty, but as the trial progressed the 
evidence the defense gave was powerful and made sense to the jurors. The 
trial then was balanced with some jurors believing the captain was guilty 
while the others believing he was not. Hopefully, justice has been given and 
the decision the jury made is the right one. I had a chance to interview one 
witness after the trial. He said, “The conclusion of the jury really came to 
a shock. Rarely ever is there a hung jury and when there a person is not 
being accused of murder. I think the jury should have spent more time in 
discussing so that justice could be given.” The witness wishes to keep his 
name secret. This trial left many patriotic colonists in shock, but the 
verdict has been made. Court adjourned. 


















                           Day 1 of Captain Thomas Preston's Trial Intense

                            Both sides are desperate to win

                                                   By Kevin Sun

 
           Today, the first day of the captain’s trial was extremely intense. 
The opening paragraph from the prosecution stated that they would do whatever 
they could to prove Captain Preston guilty. They wanted him locked up or 
killed for the 5 dead and the 6 wounded people. The nervous John Adams said 
the opening paragraph of the defense that stated that it started with young 
and old harassing the soldiers to hundreds throwing things that caused the 
soldiers to fire, not the captain’s command.
 

            The first witness the Prosecution called up was Daniel Calef. He 
said that he saw an officer mouth the word fire but was not able to give much 
more info. After the defense cross examined him, the next witness was called 
up. His name is Richard Palmes. He heard some say the word fire and he 
thought it had come from Preston but could not distinguish it. After another 
witness, John Cole was called. He was 4 feet away from the captain and he was 
sure that said “Damn their blood, fire again”. He did not believe that that 
the colonists provoked the soldiers and all. He also said that the man was 
not wearing a surtout on and was wearing something red with a rose. The 
defense asked since he was not wearing a surtout, could he have been another 
person and he answered maybe but was still certain that the Preston said fire.

 

       Next up was Ebenezer Hinckley. He saw many colonist provoking the 
soldiers with snow and stick and he head the captain say “Fire upon them. 
Damn them.” He thought that the soldiers were also very upset. Next was 
Theodore Bliss. He asked the Captain whether the soldiers were loaded and he 
said yes. He also asked him whether they were loaded with ball. He did not 
answer. He did not remember the captain saying to fire or to stop firing and 
he did not think anyone was provoking the soldiers. After 2 more witnesses, 
the last witness of the day came up. His name was Andrew and he was a African 
slave. He said that he was very confused although he was certain that the 
person who said fire was beyond the captain and he was certain that the 
captain had nothing to do with the firing.

 

       Judge Oliver seemed like he was bored and he did not really play a 
significant role during the trial. I asked the prosecution lawyers whether 
they thought they were going to win and if they had enough evidence to prove 
the captain guilty. “We WILL win this trial. We definitely have enough info 
to win.” Is what lawyer Robert Paine said. Quincy said that the judge was 
awful and sustained their objections for no reason. I also interviewed the 
Captain and he said that from what he saw, he was going to be proven 
innocent. Tomorrow, as the 2nd day of the trial starts, I think it will be 
even more thrilling as we reach a conclusive decision of whether the captain 
is guilty or innocent. I guess we’ll just have to wait until tomorrow to find 
out

 




  Months back the colonists had been outraged that 5 of their own were killed 
in gunfire at the Boston Massacre. Colonists accused Captain John Preston of 
telling his soldiers to fire while Boston and the loyalists say it did not 
the word fire did not come from Captain John Preston’s mouth. Today, the 
trial that had been waited upon for months finally took place. Both the 
prosecution and the defense had very different viewpoints. The prosecution 
argues that the captain did tell the soldiers to fire and therefore should be 
punished. However, the defense says that the captain did not say such a thing 
and with that the trial begins. There is unanimous agreement among all the 
witness’s that the word fire was in fact heard, but they all have different 
stories as to who said it. Some such as Jane Whitehouse are positive that the 
word fire was not heard from the captain, while others such as Matthew Murray 
say it was said by one of the soldiers themselves. The courtroom fell dead 
silent when the prosecution was questioning the witness and the jury seemed 
to be confused as to which side to choose. This confusion in the courtroom 
soon heated to anger as Mr. Quincy rose up and yelled out “objection” 
however, Judge Oliver allowed the prosecution to continue and 
said “sustained.” Soon after Mr. Paine stood up and yelled the same, yet he 
too was met with the same fate. As the trial continued a man named Andrew was 
questioned. His honest, and trustworthy voice is noteworthy. He says the 
voice that said fire was from beyond the captain, and not from the captain 
himself. He says the captain did not in fact fire first and says he heard the 
first shot from the first wing. He tells the audience it was a traumatic 
experience like one he had never experienced. He was part of the crowd that 
witnessed the shooting at the Boston Massacre. He says the Captain is 
innocent and had nothing to do with it. After the trial, Mr. Paine was 
questioned about his feelings toward their chances to win the trial. He 
replied with a confident remark saying, “I believe we definitely have 
substantial information to prove Captain John Preston given the command to 
fire that night. It is only a matter of time before the trial ends and 
justice is given to the colonists.” It was obvious that each jury member had 
a very different opinion than the next one and their verdict will definitely 
be well thought out and well discussed. Today in the courtroom there was a 
lot of views of both sides of the argument. Let’s hope that tomorrow the 
right decision will be made and the day will be a interesting one    

Bottom Divider

TeacherWeb
Last Modified: Saturday, October 10, 2009
©2009 TeacherWeb, Inc.