Mr. Leigh, and Mr. Frost, both witnesses for the prisoners, testified, that the barber's boy came up to the people, and pointing at the centry, said, here 's the son of a b—ch that knocked me down; upon which one of the witnesses said, the people cried kill him - Both said, that the centry ran to the custom- house steps, knocked at the door, but could not get in - neither of them mention'd any thing thrown at him, nor any attack upon him - he prim'd and loaded his gun and levelled it; told the people to stand off, and called to the main-guard; upon which Capt. Preston and his party came down - Mr. Bulkly, summoned also by the prisoners, testified that he thought the centry was in danger, by the number of people about him, and the noise; and mentioned no other reason for his thinking so - he said that a person told Capt. Preston, that they were killing the centry - This person was probably one Thomas Greenwood, a servant in the custom-house; for he himself declared before the magistrates, that he was in the custom-house, and went from thence to the main-guard, and told one of the Soldiers, if they did not go down to the centry, he was afraid they would hurt him, tho' he had not seen any person insult him - This man, at the same time depos'd, that he saw two or three snow balls fall near the steps of the custom-house, but saw no person throw any stones; tho' he had placed himself in the most convenient room in the house for observation - Mr. Harrison Gray mention'd the people round the centry, making use of opprobrious language, and threatening; but said nothing of their attacking him, or throwing anything at him - Mr. Hinckley declared, that the people went to the centry, and at last some of them cried kill him, but did not see any attempt to hurt him - Mr. Cornwall swore, that he saw snow balls and 2 or 3 oyster shells thrown at the centry, but did not think they hit him - he heard several young gentlemen perswading the people to go off, and believed they all would have gone off, if the Soldiers had not come down - Mr. Helyer declared, that he came into King-street, and saw the centry and twenty or thirty persons - some boys at their diversion - The centry wav'd his gun in a way that had a tendency to exasperate the people - Mr. Brewer saw the centry with his bayonet breast high - a number of boys, twenty or more round him, talking but doing nothing. Mr. Bailey was standing with the centry on the custom-house steps - saw 20 or 30 boys of about 14 years old - they were throwing pieces of ice at him, large and hard enough to hurt him, but did not know whether they hit him. This must appear very strange as he was so near him - his standing with him on the steps, would lead one to think he was an acquaintance of the centry; which is confirmed by another circumstance, for he said that when the party came down, one of the Soldiers put his bayonet to his breast, and the centry told him not to hurt him - Mr. Simpson swore, that the centry knock'd at the customhouse door - that a person came to the door and spoke to him, upon which he turn'd and loaded his gun - There was one witness, and I think but one, who mention'd pieces of sea-coal thrown at the centry; and that was Andrew a Negro - A fellow of a lively imagination indeed! - One, who I believe could tell as good a story even to my lord of H. and give his lordship as circumstantial an account of "the unhappy transaction", as some, who have already had the honor of doing it, & who may think themselves to be Andrew's betters - he is remarkable for telling romantick stories in the circles of his acquaintance - And whether his fancy had beguil'd his own judgment, or whether he had a mind to try his success at painting upon so serious an occasion, or lastly, whether he was resolv'd to do his utmost to save the prisoners, I pretend not to say; but he certainly made some folks believe, that the ashes made of sea-coal burnt with great savings in the adjacent offices, were like the cinders thrown out of a blacksmith's shop -Andrew's evidence, if not his judgment, was greatly rely'd upon; and the more, because his master, who is in truth an honest man, came into court and swore to his character; and further said, that Andrew had told him, that He really believ'd the inhabitants were to blame - It is, I am apt to think, in general true, that no man knows so little of the real character of his servant, as the master himself does: It is well known, that the Negroes of this town have been familiar with the soldiers; and that some of them have been tamper'd with to cut their master's throats: I hope Andrew is not one of these. His character for integrity and even for learning, for he can both read & write, has been upon this occasion wrought to so high a pitch, that I am loth even to hint any thing that may tend to depreciate it; otherwise, I should say, that there are some, whose kitchens Andrew has frequented, who will not give him quite so exalted a character, as others, who had not known him, thought he deserved. - Several others, witnesses for the prisoners testified to the same purpose; that the people encroach'd upon the centry; that he loaded his gun and threatned to fire upon them; and that they in return dared him to fire, and throw'd a few snow balls. Mr. Hall said, that he presented his gun at the people, and they threw snow balls and some oyster-shells at him; and they hit his gun two or three times - Mr. Payne who saw the centry when he was alone, and until the party came up and fired, "perceived nothing but the talk, that he thought would have induced him or any of the Soldiers to fire": Words are not an assault, and could not warrant him to fire: Mr. Knox and others saw nothing thrown at him nor any attack made on him: Mr.——-and some others said, they saw snow balls and other things thrown at him; but it appears very probable, from the course of the evidence, that if any thing was thrown at him, it was not till he had loaded his gun, threatened to fire, & waved it in such a manner as tended to exasperate people; and as Mr. Knox tho't, had snapped his gun. The first assault was made by the centry himself, when upon a foolish provocation in words only, he struck the barber's boy: He renewed the assault, when he loaded his gun and presented it upon the people, threatning to fire upon them: In doing this, he put his Majesty's subjects in terror of their lives, against the law of the land; and they would have been justified in seizing him at least - If he had thought himself in danger, instead of threatning the lives of others, he must first, according to the law of the land, have retreated if he could, and even from his post: Other doctrine, I know, has been strongly inculcated of late, by those who would set up, or tamely yield to, an uncontroulable military power; but I trust in God, it will never be established here: It never can, while the people entertain a just idea of the nature of civil government, and are upon their guard against the daring encroachments of arbitrary, despotic power. The people were inclin'd to disperse, and did disperse, in the beginning of this childish dispute; as appeared by the evidence of Mr. Parker: And notwithstanding the mutual animosity, if the reader pleases, which afterwards arose between the centry and them, they would have finally dispers'd, in the opinion of another witness, if the party had not come down from the main-guard.

VINDEX.
Jan. i.

TO STEPHEN SAYRE.
[MS., Samuel Adams Papers, Lenox Library.]
BOSTON Jany 12 1771

SIR

I wrote you p Capt Hall who saild about ten days ago, & then inclosd, some papers publishd in the Boston Gazette upon the Subject of the late Trial of the Soldiers. I now send you duplicates, together with others on the same Subject since publishd. I perceive that Mr Hutchinson is appointed Govr here,1 & it is said he is to have an independent Salary! Is not this perfect Despotism? What can the people of Britain mean, by suffering their great men to enslave their fellow Subjects? Can they think that the plan is confind to America? They will surely find themselves mistaken. I am in haste.

1 "I find by the prints that the Commissions have been published at Boston,14th Inst constituting Lt Gov. Hutch. Governor, and Secrety Oliver Lt Gov. of Massachusetts." - Literary Diary of Ezra Stiles [March 22, 1771], vol. 1., p. 97. "Govr Thomas Hutchinson and Lieut. Govr Andrew Oliver, Esq's., commissions published ; Judges in their robes, and all the Bar in their habbits, Walked in procession." [March 14, 1771], The Diaries of Benjamin Lynde, and of Benjamin Lynde, Jr., p. 201.

ARTICLE SIGNED "VINDEX."

[Boston Gazette, January 14, 1771.]

To the PRINTERS.

I Have in my last, consider'd the situation and behavior of the centry, and the people that were round him, immediately before the coming down of the Soldiers from the main-guard. Some of the witnesses, sworn in open court, who I believe, are allow'd to be of equal credit with any of the rest, and were present thro' the whole bloody scene, declared, that they perceived nothing thrown at the centry - Nothing but the number of people and the noise they made, that led them to apprehend he was in danger - Nothing but the talk, that induc'd them to think he would fire: Others indeed saw snow balls, and other things thrown at him, after he presented his gun, and wav'd it in an exasperating manner, and threatened to fire: - One in particular, declared, that he saw balls of ice thrown, large & hard enough to hurt any man: It is strange, if he thought the centry in danger, that he should stand so near him, as by his own testimony it is evident he did, till the Soldiers came down: I think, upon the whole, we may fairly conclude, that but few of these things were thrown at him; and that they were in consequence of his loading his gun, & presenting it at the people: It was the opinion of one of the witnesses for the prisoners, that the people would have dispersed, if the soldiers had not come down: It was then unfortunate, that the soldiers were so suddenly order'd down. Whether it was regular, for a captain to take a corporal's command, or was ever done before in the army, I leave others to say, who are better acquainted with the art military, than I pretend to be: If not, it may be difficult to account for Capt. Preston's great readiness to undertake so disagreable and dangerous a task.