BY JOSIAH QUINCY, JR.
May it please your honors, and you gentlemen of the jury,—We have at length gone through the evidence in behalf of the prisoners. The witnesses have now placed before you that state of facts from which results our defense.
I stated to you, gentlemen, your duty in opening this cause—do not forget the discharge of it. You are paying a debt you owe the community for your own protection and safety: by the same mode of trial are your own rights to receive a determination; and in your turn a time may come when you will expect and claim a similar return from some other jury of your fellow subjects.
How much need was there for my desire that you should suspend your judgment till the witnesses were all examined? How different is the complexion of the cause? Will not all this serve to show every honest man the little truth to be attained in partial hearings? In the present case, how great was the prepossession against us? And I appeal to you, gentlemen, what cause there now is to alter our sentiments? Will any sober, prudent man countenance the proceedings of the people in King Street,—can any one justify their conduct,—is there any one man or any body of men who are interested to espouse and support their conduct?
Surely, no! But our inquiry must be confined to the legality of their conduct, and here can be no difficulty. It was certainly illegal, unless many witnesses are directly perjured: witnesses, who have no apparent interest to falsify,—witnesses who have given their testimony with candor and accuracy,—witnesses whose credibility stands untouched,—whose credibility the counsel for the king do not pretend to impeach or hint a suggestion to their disadvantage.
I say, gentlemen, by the standard of the law are we to judge the actions of the people who were the assailants and those who were the assailed and then on duty. And here, gentlemen, the rule we formerly laid down takes place. To the facts, gentlemen, apply yourselves. Consider them as testified; weigh the credibility of the witnesses— balance their testimony—compare the several parts of it—see the amount of it; and then, according to your oath, "make true deliverance according to your evidence." That is, gentlemen, having settled the facts, bring them truly to the standard of the law; the king's judges, who are acquainted with it, who are presumed best to know it, will then inspect this great standard of right and wrong, truth and justice; and they are to determine the degree of guilt to which the fact rises.
II
May it please your honors, and you gentlemen of the jury,—After having thus gone through the evidence and considered it as applicatory to all and every one of the prisoners, let us take once more a brief and cursory survey of matters supported by the evidence. And here let me ask in sober reason, what language more opprobrious, what actions more exasperating, than those used on this occasion? Words, I am sensible, are no justification of blows, but they serve as the grand clew to discover the temper and the designs of the agents; they serve also to give us light in discerning the apprehensions and thoughts of those who are the objects of abuse.
"You lobsters!"—"You bloody-back!"—"You coward!"—"You dastard!" are but some of the expressions proved. What words more galling? What more cutting and provoking to a soldier? But accouple these words with the succeeding actions,—"You dastard!"—"You coward!" A soldier and a coward!
This was touching "the point of honor and the pride of virtue." But while these are as yet fomenting the passions and swelling the bosom, the attack is made; and probably the latter words were reiterated at the onset; at least, were yet sounding in the ear. Gentlemen of the jury, for Heaven's sake, let us put ourselves in the same situation! Would you not spurn at that spiritless institution of society which tells you to be a subject at the expense of your manhood?