Deposition of Captain Thomas Preston, March 12, 1770.
It is [a] matter of too great notoriety to need any proofs that the arrival of his Majesty's troops in Boston was extremely obnoxious to its inhabitants. They have ever used all means in their power to weaken the regiments, and to bring them into contempt by promoting and aiding desertions, and with impunity, even where there has been the clearest evidence of the fact, and by grossly and falsely propagating untruths concerning them. On the arrival of the 64th and 65th their ardour seemingly began to abate; it being too expensive to buy off so many, and attempts of that kind rendered too dangerous from the numbers
And has ever since their departure been breaking out with greater violence after their embarkation. One of their justices, most thoroughly acquainted with the people and their intentions, on the trial of a man of the 14th Regiment, openly and publicly in the hearing of great numbers of people and from the seat of justice, declared "that the soldiers must now take care of themselves, nor trust too much to their arms, for they were but a handful; that the inhabitants carried weapons concealed under their clothes, and would destroy them in a moment, if they pleased". This, considering the malicious temper of the people, was an alarming circumstance to the soldiery. Since which several disputes have happened between the townspeople and the soldiers of both regiments, the former being encouraged thereto by the countenance of even some of the magistrates, and by the protection of all the party against government. In general such disputes have been kept too secret from the offi- cers. On the 2d instant two of the 29th going through one Gray's ropewalk, the rope-makers insultingly asked them if they would empty a vault. This unfortunately had the desired effect by provoking the soldiers, and from words they went to blows. Both parties suffered in this afftay, and finally the soldiers retired to their quarters. The officers, on the first knowledge of this transaction, took every precaution in their power to prevent any ill consequence. Notwithstanding which, single quarrels could not be prevented, the inhabitants constantly provoking and abusing the soldiery. The insolence as well as utter hatred of the inhabitants to the troops increased daily, insomuch that Monday and Tuesday, the 5th and 6th instant, were privately agreed on for a general engagement, in consequence of which several of the militia came from the country armed to join their friends, menacing to destroy any who should oppose them. This plan has since been discovered.
On Monday night about 8 o'clock two soldiers were attacked and beat. But the party of the townspeople in order to carry matters to the utmost length, broke into two meeting houses and rang the alarm bells, which I supposed was for fire as usual, but was soon undeceived. About 9 some of the guard came to and informed me the town inhabitants were assembling to attack the troops, and that the bells were ringing as the signal for that purpose and not for fire, and the beacon intended to be fired to bring in the distant people of the country. This, as I was captain of the day, occasioned my repairing immediately to the main guard. In my way there I saw the people in great commotion, and heard them use the most cruel and horrid threats against the troops. In a few minutes after I reached the guard, about 100 people passed it and went towards the custom house where the king's money is lodged. They immediately surrounded the sentry posted there, and with clubs and other weapons threatened to execute their vengeance on him. I was soon informed by a townsman their intention was to carry off the soldier from his post and probably murder him. On which I desired him to return for further intelligence, and he soon came back and assured me he heard the mobb declare they would murder him. This I feared might be a prelude to their plundering the king's chest. I immediately sent a non-commissioned officer and 12 men to protect both the sentry and the king's money, and very soon followed myself to prevent, if possible, all disorder, fearing lest the officer and soldiers, by the insults and provocations of the rioters, should be thrown off their guard and commit some rash act. They soon rushed through the people, and by charging their bayonets in half-circles, kept them at a little distance. Nay, so far was I from intending the death of any person that I suffered the troops to go to the spot where the unhappy affair took place without any loading in their pieces; nor did I ever give orders for loading them. This remiss conduct in me perhaps merits censure; yet it is evidence, resulting from the nature of things, which is the best and surest that can be offered, that my intention was not to act offensively, but the contrary part, and that not without compulsion. The mob still increased and were more outrageous, striking their clubs or bludgeons one against another, and calling out, come on you rascals, you bloody backs, you lobster scoundrels, fire if you dare, G-d damn you, fire and be damned, we know you dare not, and much more such language was used. At this time I was between the soldiers and the mob, parleying with, and endeavouring all in my power to persuade them to retire peaceably, but to no purpose. They advanced to the points of the bayonets, struck some of them and even the muzzles of the pieces, and seemed to be endeavouring to close with the soldiers. On which some well behaved persons asked me if the guns were charged. I replied yes. They then asked me if I intended to order the men to fire. I answered no, by no means, observing to them that I was advanced before the muzzles of the men's pieces, and must fall a sacrifice if they fired; that the soldiers were upon the half cock and charged bayonets, and my giving the word fire under those circumstances would prove me to be no officer. While I was thus speaking, one of the soldiers having received a severe blow with a stick, stepped a little on one side and instantly fired, on which turning to and asking him why he fired without orders, I was struck with a club on my arm, which for some time deprived me of the use of it, which blow had it been placed on my head, most probably would have destroyed me.
On this a general attack was made on the men by a great number of heavy clubs and snowballs being thrown at them, by which all our lives were in imminent danger, some persons at the same time from behind calling out, damn your bloods-why don't you fire. Instantly three or four of the soldiers fired, one after another, and directly after three more in the same confusion and hurry. The mob then ran away, except three unhappy men who instantly expired, in which number was Mr. Gray at whose rope-walk the prior quarrels took place; one more is since dead, three others are dangerously, and four slightly wounded. The whole of this melancholy affair was transacted in almost 20 minutes. On my asking the soldiers why they fired without orders, they said they heard the word fire and supposed it came from me. This might be the case as many of the mob called out fire, fire, but I assured the men that I gave no such order; that my words were, don't fire, stop your firing. In short, it was scarcely possible for the soldiers to know who said fire, or don't fire, or stop your firing. On the people's assembling again to take away the dead bodies, the soldiers supposing them coming to attack them, were making ready to fire again, which I prevented by striking up their firelocks with my hand. Immediately after a townsman came and told me that 4 or 5000 people were assembled in the next street, and had sworn to take my life with every man's with me. On which I judged it unsafe to remain there any longer, and therefore sent the party and sentry to the main guard, where the street is narrow and short, there telling them off into street firings, divided and planted them at each end of the street to secure their rear, momently expecting an attack, as there was a constant cry of the inhabitants to arms, to arms, turn out with your guns; and the town drums beating to arms, I ordered my drums to beat to arms, and being soon after joined by the different companies of the 29th regiment, I formed them as the guard into street firings. The 14th regiment also got under arms but remained at their barracks. I immediately sent a sergeant with a party to Colonel Dalrymple, the commanding officer, to acquaint him with every particular. Several officers going to join their regiment were knocked down by the mob, one very much wounded and his sword taken from him. The lieutenant-governor and Colonel Carr soon after met at the head of the 29th regiment and agreed that the regiment should retire to their barracks, and the people to their houses, but I kept the picket to strengthen the guard. It was with great difficulty that the lieutenant-governor prevailed on the people to be quiet and retire. At last they all went off, excepting about a hundred.
A Council was immediately called, on the breaking up of which three justices met and issued a warrant to apprehend me and eight soldiers. On hearing of this procedure I instantly went to the sheriff and surrendered myself, though for the space of 4 hours I had it in my power to have made my escape, which I most undoubtedly should have attempted and could easily executed, had I been the least conscious of any guilt. On the examination before the justices, two witnesses swore that I gave the men orders to fire. The one testified he was within two feet of me; the other that I swore at the men for not firing at the first word. Others swore they heard me use the word "fire," but whether do or do not fire, they could not say; others that they heard the word fire, but could not say if it came from me. The next day they got 5 or 6 more to swear I gave the word to fire. So bitter and inveterate are many of the malcontents here that they are industriously using every method to fish out evidence to prove it was a concerted scheme to murder the inhabitants. Others are infusing the utmost malice and revenge into the minds of the people who are to be my jurors by false publications, votes of towns, and all other artifices. That so from a settled rancour against the officers and troops in general, the suddenness of my trial after the affair while the people's minds are all greatly inflamed, I am, though perfectly innocent, under most unhappy circumstances, having nothing in reason to expect but the loss of life in a very ignominous manner, without the interposition of his Majesty's royal goodness.
Witnesses for the King (Prosecution)
I heard a noise about 8 o'clock and went down to Royal Exchange Lane. Saw some Persons with Sticks coming up Quaker Lane. I said to the sentry Capt. Goldsmith owed my fellow Apprentice. He said he was a Gentlemen and would pay every body. I said there was none in the Regiment. He asked for me. I went to him, was not ashamed of my face.... The Sentinel left his Post and Struck me. I cried. My fellow Apprentice and a young man came up to the Sentinel and called him Bloody back. He called to the Main Guard.... There was not a dozen people when the Sentinel called the Guard.6
The People kept gathering. I saw no uneasiness with the Centinel. A Party then came down from the Guard House. I thought to relieve him. I heard one Gun. Thought it was to alarm the Barracks. A little space after another, and then several. I stood within 30 feet of the Centinel and must have seen any disturbance.... Between the firing the first and second Gun there was time enough for an Officer to step forward and to give the word Recover if he was so minded.
Just after 9 o'clock heard the Cry of Fire. I saw the party come out of the Guard House. A Capt. cried out of the Window "fire upon 'em damn 'em." I followed 'em down before the Custom House door. Capt. Preston was out and commanded 'em. They drew up and charged their Bayonets. Montgomery pushed at the people advancing. In 2 or 3 minutes a Boy threw a small stick over hand and hit Montgomery on Breast. Then I heard the word fire in 1/4 minute he fired. I saw some pieces of Snow as big as Egg thrown. 3 or 4 thrown at the same time of pushing on the other End of the file, before 1st gun fired. The body of People about a Rod off. People said Damn 'em they durst not fire don't be afraid. No threats.... I was a Rod from Capt. Preston. Did not hear him give Order to fire 1/2 minute from 1st Gun to 2d. same to 3rd. The others quicker. I saw no people striking the Guns or Bayonets nor pelting 'em. I saw Preston between people and Soldiers. I did not see him when 1st firing.
Upon the cry of fire and Bells ringing went into King Street, heard the Capt. say Turn out the Guard. Saw the Centinel standing on the steps of the Custom house, pushing his Bayonet at the People who were about 30 or 40. Captain came and ordered the Men to prime and load. He came before 'em about 4 or 5 minutes after and put up their Guns with his Arm. They then fired and were priming and loading again. I am pretty positive the Capt. bid 'em Prime and load. I stood about 4 feet off him. Heard no Order given to fire. The Person who gave Orders to Prime and load stood with his back to me, I did not see his face only when he put up their Guns. I stood about 10 or 11 feet from the Soldiers, the Captain about the midway between.
As the Clock struck 9 I saw two Boys abusing the Centinel. They said you Centinel, damned rascally Scoundrel Lobster Son of a Bitch and desired him to turn out. He told them it was his ground and he would maintain it and would run any through who molested or attempted to drive him off. There was abqut a dozen standing at a little distance. They took no part. He called out Guard several times and 7 or 8 Soldiers with Swords Bayonets and one with a large Tongs in his hand came. I saw the two Boys going to the Men who stood near the Centinel. They returned with a new Edition of fresh Oaths, threw Snow Balls at him and he then called Guard several times as before.
I heard the Bell, coming up Cornhill, saw People running several ways. The largest part went down to the North of the Townhouse. I went the South side, saw an officer leading out 8 or 10 Men. Somebody met the officer and said, Capt. Preston for Gods sake mind what you are about and take care of your Men. He went down to the Centinel, drew up his Men, bid them face about, Prime and load. I saw about 100 People in the Street huzzaing, crying fire, damn you fire. In about 10 minutes I heard the Officer say fire. The Soldiers took no notice. His back was to me. I heard the same voice say fire. The Soldiers did not fire. The Officer then stamped and said Damn your bloods fire be the consequences what it will. Immediately the first Gun was fired. I have no doubt the Officer was the same person the Man spoke to when coming down with the Guard. His back was to me when the last order was given. I was then about 5 or 6 yards off and within 2 yards at the first. He stood in the rear when the Guns were fired. Just before I heard a Stick, which I took to be upon a Gun. I did not see it. The Officer had to the best of my knowledge a cloth coloured Surtout on. After the firing the Captain stepd forward before the Men and struck up their Guns. One was loading again and he damn'd 'em for firing and severely reprimanded 'em. I did not mean the Capt. had the Surtout but the Man who spoke to him when coming with the Guard.
I saw the officer after the firing and spoke to the Soldiers and told 'em it was a Cowardly action to kill men at the end of their Bayonets. They were pushing at the People who seemed to be trying to come into the Street. The Captain came up and stamped and said Damn their bloods fire again and let 'em take the consequence. I was within four feet of him. He had no surtout but a red Coat with a Rose on his shoulder. The people were quarrelling at the head of Royal Exchange lane. The Soldiers were pushing and striking with the Guns. I saw the People's Arms moving but no Sticks.
At home. I heard the Bells for fire. Went out. Came to the Town House. The People told me there was going to be a Rumpus with the Soldiers. Went to the Custom house. Saw Capt. Preston there with the Soldiers. Asked him if they were loaded. He said yes. If with Ball. He said nothing. I saw the People throw Snow Balls at the Soldiers and saw a Stick about 3 feet long strike a Soldier upon the right. He sallied and then fired. A little time a second. Then the otherl s l fast after one another. One or two Snow balls hit the Soldier, the stick struck, before firing. I know not whether he sallied on account of the Stick or step'd back to make ready. I did not hear any Order given by the Capt. to fire. I stood so near him I think I must have heard him if he had given an order to fire before the first firing. I never knew Capt. Preston before. I can't say whether he had a Surtout on, he was dressed in red. I know him to be the Man I took to be the Officer. The Man that fired first stood next to the Exchange lane. I saw none of the People press upon the Soldiers before the first Gun fired. I did after. I aimed a blow at him myself but did not strike him. I am sure the Captain stood before the Men when the first Gun was fired. I had no apprehension the Capt. did give order to fire when the first Gun was fired. I thought, after the first Gun, the Capt. did order the Men to fire but do not certainly know. I heard the word fire several times but know not whether it came from the Captain, the Soldiers or People. Two of the People struck at the Soldiers after the first Gun. I dont know if they hit 'em. There were about 100 people in the Street. The muzzles of the Guns were behind him. After the first Gun the Captain went quite to the left and I to the right.
I saw the Captain coming down with his party. I took Preston by the Coat, told him for Gods sake take care of your Men for if they fire your life must be answerable. In some agitation he replied I am sensible of it. A Corporal was leading them. The Captain stood with me and the Party proceeded to the Centinel the People crying stand by. The Soldiers with their Bayonets charged pushing through the People in order to make way, make way damn your Bloods. The Captain then left me and went to the Party. I heard the Centinel say damn their bloods if they touch me I will fire. In about 3 minutes after this the party came up. I did not see any thing thrown at the Centinel. I stood at the foot of the Town house when the Guns were fired. I heard the People cry damn your bloods fire on. To the best of my recollection the Corporal had a Surtout on. I had none.
When I came into King Street about 9 o'Clock I saw the Soldiers round the Centinel. I asked one if he was loaded and he said yes. I asked him if he would fire, he said yes by the Eternal God and pushd his Bayonet at me. After the firing the Captain came before the Soldiers and put up their Guns with his arm and said stop firing, dont fire no more or dont fire again. I heard the word fire and took it and am certain that it came from behind the Soldiers. I saw a man passing busily behind who I took to be an Officer. The firing was a little time after. I saw some persons fall. Before the firing I saw a stick thrown at the Soldiers. The word fire I took to be a word of Command. I had in my hand a highland broad Sword which I brought from home. Upon my coming out I was told it was a wrangle between the Soldiers and people, upon that I went back and got my Sword. I never used to go out with a weapon. I had not my Sword drawn till after the Soldier pushed his Bayonet at me. I should have cut his head off if he had stepd out of his Rank to attack me again. At the first firing the People were chiefly in Royal Exchange lane, there being about 50 in the Street. After the firing I went up to the Soldiers and told them I wanted to see some faces that I might swear to them another day. The Centinel in a melancholy tone said perhaps Sir you may.
I was present at the firing. I heard one of the Guns rattle. I turned about and lookd and heard the officer who stood on the right in a line with the Soldiers give the word fire twice. I lookd the Officer in the face when he gave the word and saw his mouth. He had on a red Coat, yellow Jacket and Silver laced hat, no trimming on his Coat. The Prisoner is the Officer I mean. I saw his face plain, the moon shone on it. I am sure of the man though I have not seen him since before yesterday when he came into Court with others. I knew him instantly. I ran upon the word fire being given about 30 feet off. The officer had no Surtout on.
The Soldiers came up to the Centinel and the Officer told them to place themselves and they formd a half moon. The Captain told the Boys to go home least there should be murder done. They were throwing Snow balls. Did not go off but threw more Snow balls. The Capt. was behind the Soldiers. The Captain told them to fire. One Gun went off. A Sailor or Townsman struck the Captain. He thereupon said damn your bloods fire think I'll be treated in this manner. This Man that struck the Captain came from among the People who were seven feet off and were round on one wing. I saw no person speak to him. I was so near I should have seen it. After the Capt. said Damn your bloods fire they all fired one after another about 7 or 8 in all, and then the officer bid Prime and load again. He stood behind all the time. Mr. Lee went up to the officer and called the officer by name Capt. Preston. I saw him coming down from the Guard behind the Party. I went to Gaol the next day being sworn for the Grand Jury to see the Captain. Then said pointing to him that's the person who gave the word to fire. He said if you swear that you will ruin me everlastingly. I was so near the officer when he gave the word fire that I could touch him. His face was towards me. He stood in the middle behind the Men. I looked him in the face. He then stood within the circle. When he told 'em to fire he turned about to me. I lookd him in the face.
Between 9 and 10 I heard in my house the cry of fire but soon understood there was no fire but the Soldiers were fighting with the Inhabitants. I went to King Street. Saw the Centinel over the Gutter, his Bayonet breast high. He retired to the steps and loaded. The Boys dared him to fire. Soon after a Party came down, drew up. The Captain ordered them to load. I went across the Street. Heard one Gun and soon after the other Guns. The Captain when he ordered them to load stood in the front before the Soldiers so that the Guns reached beyond him. The Captain had a Surtout on. I knew him well. The Surtout was not red. I think cloth colour. I stood on the opposite corner of Exchange lane when I heard the Captain order the Men to load. I came by my knowledge of the Captain partly by seeing him lead the Fortification Guard
Hearing the Bells ring for fire I supposed I went out and came down by the Main Guard. Saw some Soldiers fixing their Bayonets on. Passed on. Went down to the Centinel. Perceived something pass me behind. Turned round and saw the Soldiers coming down. They bid me stand out of the way and damnd my blood. I told them I should not for any man. The party drew up round the Centinel, faced about and charged their Bayonets. I saw an Officer and said if there was any disturbance between the Soldiers and the People there was the Officer present who could settle it soon. I heard no Orders given to load, but in about two minutes after the Captain step'd across the Gutter. Spoke to two Men I don't know who then went back behind his men. Between the 4th and 5th men on the right. I then heard the word fire and the first Gun went off: In about 2 minutes the second and then several others. The Captain had a Sword in his hand. Was dressd in his Regimentals. Had no Surtout on. I saw nothing thrown nor any blows given at all. The first man on the right who fired after attempting to push the People slipped down and drop'd his Gun out of his hand. The Person who stepd in between the 4th and 5th Men I look upon it gave the orders to fire. His back was to me. I shall always think it was him. The Officer had a Wig on. I was in such a situation that I am as well satisfied there were no blows given as that the word fire was spoken.
The Lieut. Governor asked Capt. Preston didn't you know you had no power to fire upon the Inhabitants or any number of People collected together unless you had a Civil Officer to give order. The Captain replied I was obliged to, to save my Sentry.
The Lieut. Governor said to Preston Don't you know you can do nothing without a Magistrate. He answered I did it to save my Men.
After all the firing Captain Preston put up the Gun of a Soldier who was going to fire and said fire no more you have done mischief enough.
Somebody there said there was a Rumpus in King Street. I went down. When I had got there I saw Capt. Preston at the head of 7 or 8 Soldiers at the Custom house drawn up, their Guns breast high and Bayonets fixed. Found Theodore Bliss talking with the Captain. I heard him say why don't you fire or words to that effect. The Captain answered I know not what and Bliss said God damn you why don't you fire. I was close behind Bliss. They were both in the front. Then I step'd immediately between them and put my left hand in a familiar manner on the Captains right shoulder to speak to him. Mr. John Hickling then looking over my shoulder I said to Preston are your Soldiers Guns loaded. He answered with powder and ball. Sir I hope you dont intend the Soldiers shall fire on the Inhabitants. He said by no means. The instant he spoke I saw something resembling Snow or Ice strike the Grenadier on the Captains right hand being the only one then at his right. He instantly stepd one foot back and fired the first Gun. I had then my hand on the Captains shoulder. After the Gun went off I heard the word fire. The Captain and I stood in front about half between the breech and muzzle of the Guns. I dont know who gave the word fire. I was then looking on the Soldier who fired. The word was given loud. The Captain might have given the word and I not distinguish it. After the word fire in about 6 or 7 seconds the Grenadier on the Captains left fired and then the others one after another. The Captain stood still till the second Gun was fired. After that I turned and saw the Grenadier who fired first attempting to prick me by the side of the Captain with his Bayonet. I had a large Stick in my hand. I struck over hand and hit him in his left arm. Knocked his hand from his Gun. The Bayonet struck the Snow and jarr'd the breech out of his hand. I had not before struck at any body. Upon that I turnd, thinking the other would do the same and struck at any body at first and hit Preston. In striking him my foot slip'd and my blow fell short and hit him, as he afterwards told me, on the arm. When I heard the word fire the Captains back was to the Soldiers and face to me. Before I recovered the Soldier who fired the first Gun was attempting again to push me through. I tossed my Stick in his face. He fell back and I jump'd towards the land. He push'd at me there and fell down. I turn'd to catch his Gun. Another Soldier push'd at me and I ran off. Returnd soon and saw the dead carrying off and the party was gone. The Gun which went off first had scorched the nap of my Surtout at 1 the elbow. I did not hear the Captain speak after he answered me. Was there but about 3/4 of a minute in the whole. There was time enough between the first and second Gun for the Captain to have spoke to his Men. He stood leaning on the dagger in the scabbard. At the time of the firing there was between 50 and 80 People at some distance not crowding upon the Soldiers and thin before them.
"Q. Did you situate yourself before Capt. Preston, in order that you might be out of danger, in case they fired?
"A. I did not apprehend myself in any danger.
"Q. Did you hear Captain Preston give the word Fire?
"A, I have told your Honors, that after the first gun was fired, I heard the word, fire! but who gave it, I know not.
"Q. Do you think it was possible Capt. Preston should give the word fire, and you not be certain he gave it?
"A. I think it was.
I heard no order given. I stood within two yards of the Captain. He was in front talking with a Person, I don't know who. I was looking at the Captain when the Gun was fired.
Andrew, a Negro servant to Oliver Wendell
I jump'd back and heard a voise cry fire and immediately the first Gun fired. It seemed to come from the left wing from the second or third man on the left. The Officer was standing before me with his face towards the People. I am certain the voice came from beyond him. The Officer stood before the Soldiers at a sort of a corner. I turned round and saw a Grenadier who stood on the Captain's right swing his Gun and fire. I took it to be Killeroy. I look'd a little to the right and saw a Man drop. The Molatto was killed by the first Gun by the Grenadier on the Captains Right. I was so frightened, after, I did not know where I was....
Capt. Preston was within 2 yards of me and before the Men and nearest to the right and facing the Street. I was looking at him. Did not hear any order. He faced me. I think I should have heard him. I directly heard a voice say Damn you why do you fire. Don't fire. I thought it was the Captain's then. I now believe it. .
The people kept huzzaing. Damn 'em. Daring 'em to fire. Threw Snow balls. I think they hit 'em. As soon as the Snow balls were thrown and a club a Soldier fired. I heard the Club strike upon the Gun and the corner man next the lane said fire and immediately fired. This was the first Gun. As soon as he had fired he said Damn you fire. I am so sure that I thought it was he that spoke. That next Gun fired and so they fired through pretty quick.
A Man came behind the Soldiers walked backwards and forward, encouraging them to fire. The Captain stood on the left about three yards. The man touched one of the Soldiers upon the back and said fire, by God I'll stand by you. He was dressed in dark colored clothes.... He did not look like an Of ficer. The man fired directly on the word and clap on the Shoulder. I am positive the man was not the Captain.... I am sure he gave no orders.... I saw one man take a chunk of wood from under his Coat throw it at a Soldier and knocked him. He fell on his face. His firelock was out of his hand.... This was before any firing.
Newton Prince, a Negro, a member of the South Church
Heard the Bell ring. Ran out. Came to the Chapel. Was told there was no fire but something better, there was going to be a fight. Some had buckets and bags and some Clubs. I went to the west end of the Town House where were a number of people. I saw some Soldiers coming out of the Guard house with their Guns and running down one after another to the Custom house. Some of the people said let's attack the Main Guard, or the Centinel who is gone to King street. Some said for Gods sake don't lets touch the main Guard. I went down. Saw the Soldiers planted by the Custom house two deep. The People were calling them Lobsters, daring 'em to fire, saying damn you why don't you fire. I saw Capt. Preston out from behind the Soldiers. In the front at the right. He spoke to some people. The Capt. stood between the Soldiers and the Gutter about two yards from the Gutter. a I saw two or three strike with sticks on the Guns. I was going off to the west, of the Soldiers and heard the Guns fire and saw the dead carried off. Soon after the Guard Drums beat to arms. The People whilst striking on the Guns cried fire, damn you fire. I have heard no Orders given to fire, only the people in general cried fire.
I saw one Soldier knocked down. His Gun fell from him. I saw a great many sticks and pieces of sticks and Ice thrown at the Soldiers. The Soldier who was knocked down took up his Gun and fired directly. Soon after the first Gun I saw a Gentleman behind the Soldiers in velvet of blue or black plush trimmed with gold. He put his hand toward their backs. Whether he touched them I know not and said by God I'll stand by you whilst I have a drop of blood and then said fire and two went off and the rest to 7 or 8.... The Captain, after, seemed shocked and looked upon the Soldiers. I am very certain he did not give the word fire.
Cross-Examination of Captain James Gifford
Q. Did you ever know an officer order men to fire with their bayonets charged?
A. No, Officers never give order to fire from charged bayonet. They would all have fired together, or most of them.
Thomas Handaside Peck
I was at home when the Guns were fired. I heard 'em distinct. I went up to the main guard and addressed myself to the Captain and said to him What have you done? He said, Sir it was none of my doings, the Soldiers fired of their own accord, I was in the Street and might have been shot. His character is good as a Gentleman and Soldier. I think it exceeds any of the Corps.
Lieutenant Governor Thomas Hutchinson
I was pressed by the people almost upon the Bayonets. The People cried the Governor. I called for the Officer. He came from between the Ranks. I did not know him by Moon light. I had heard no circumstances. I inquired with some emotion, How came you to fire without Orders from a Civil Magistrate? I am not certain of every word. I cannot recollect his answer. It now appears to me that it was imperfect. As if he had more to say. I remember by what he said or his actions I thought he was offended at being questioned. Before I could have his full answer the people cried to the Town house, to the Town house. A Gentleman by me (Mr. Belknap) was extremely civil. I thought he press'd my going into the Town house from a concern for my safety. I was carried by the crowd into the Council Chamber. After some hours Capt. Preston was brought there to be examined. I heard him deny giving Orders. I am very sure it did not occur to me that he had said anything in answer to my question in the Street which would not consist with this denial. My intention in going up was to enquire into the affair. I have no particular intimacy with Capt. Preston. His general character is extremely good. Had I wanted an Officer to guard against a precipitate action I should have pitched upon him as soon as any in the Regiment.
The Evidence was ended.