Aftermath and agitprop

By the next morning Preston and the seven soldiers that he led were under arrest as was the sentry whom they had sought to rescue. A town meeting produced a demand for the removal of all the troops, and by March 11 both the 14th and 29th regiments had decamped to Castle William (now Castle Island) in Boston Harbour. Fearing for their safety, customs commissioners also left town. Various developments delayed for months the trial of the soldiers, who were not arraigned until September. In the interim both sides of the clash endeavoured to convict the other in the court of public opinion. In his Boston Gazette, publisher Benjamin Edes, acting under the influence of radical leader and skillful propagandist Samuel Adams, characterized the event as “a horrid massacre.” The report compiled by Colonel Dalrymple based on 31 testimonies collected by his officers and titled “A Fair Account of the Late Unhappy Disturbance at Boston in New England” told a very different story than “A Short Narrative of the Horrid Massacre in Boston,” which was written by James Bowdoin, Samuel Pemberton, and Joseph Warren, based on depositions from 96 “eyewitnesses” who unanimously cast the actions of the British soldiers as murder, and was distributed as a pamphlet only days after the event. Writing from his jail cell, Preston sought to make known his version of the event with the “Case of Capt. Thomas Preston,” which appeared in the Public Advertiser in London in April 1770. Agitprop broadsides and poems dealing with the event were distributed, as were illustrations of it, most notably Henry Pelham’s evocative but factually inaccurate image—The Fruits of Arbitrary Power; or, The Bloody Massacre, depicting the soldiers in formation, firing in unison—which Paul Revere reproduced without crediting Pelham.

The trials

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James Forrest, a British sympathizer, approached lawyer Josiah Quincy, Jr., to represent Forrest’s friend Preston and the other British defendants. Quincy and another colonial lawyer, Robert Auchmuty, Jr., agreed to take the case only if John Adams were part of the defense team. Future Founding Father and U.S. president Adams’s reasons for defending the soldiers were complex and are not entirely known, but they probably included his belief that everyone deserves a fair trial and equal justice, as well as his general opposition to the sometimes-violent tactics practiced by his cousin Samuel Adams and the Sons of Liberty, along with the desire to be seen as man whose respect for the law trumped his politics. Robert Treat Paine, a devoted patriot, and Quincy’s brother, Samuel Quincy, who was loyal to the crown, constituted the prosecution. Paine and Samuel Quincy were also the prosecutors in the trial of Ebenezer Richardson for the murder of Christopher Seider, which preceded the “massacre” trial to court. Although the judges in that case declared that at most Richardson should be found guilty of manslaughter, the jury ignored them and convicted him of murder, only to have the judges refuse to sentence him. Nevertheless, the result of that trial did not portend well for the accused soldiers.

Believing that Preston and the enlisted men would be better served by separate trials, the defense team succeeded in obtaining one trial for Preston and another for the men who had been under his command. From the outset, however, the trial had political agendas that went beyond determining the soldiers’ guilt or innocence. The prosecution sought to condemn Parliament’s use of force to suppress the colonists’ political rights, whereas the defense was out to expose the dangerous consequences of the Sons of Liberty’s mobocratic tactics.

Amid the welter of conflicting testimony, Adams demonstrated that no one knew for sure who, if anyone, had given a command to fire. Emphasizing the chaos, uncertainty, and confusion of the moment of shooting and convincing the jury of the absence of malice on the part of the soldiers, Adams won acquittal for Preston, as he would for all but two of the enlisted men. Moreover, he argued the convictions of those two down to manslaughter and—invoking the “plea to clergy,” an ancient tenant of English law—negotiated their sentences down to the branding of their thumbs as first-time offenders. Though the soldiers had gone free, another section of the road leading to revolution had been paved, and John Adams would go on to far greater triumphs as a Founding Father and president of the United States.