1. The justices were Edmund Quincy, identified earlier, and John Hill, Harvard 1756. The counsel who defended the Braintree loyalists was almost certainly JA's former student William Tudor, who had recently left the army to resume his law practice in Boston. There is, however, a little mystification concerning Tudor's resignation, or resignations, from military service. On
10 April Tudor had written to JA from camp in New Jersey: “I am just going to mount my Horse for Boston. The offer made me by Genl. Knox of a Post in the Artillery I have declined, and shall return to my Books once more with Pleasure” (
Adams Papers). On the same day Washington's general orders at Morristown stated: “John Laurence [i.e. Laurance] Esqr. is appointed Judge Advocate, in the room of William Tudor Esqr. who has resigned” (
Washington, Writings, ed. Fitzpatrick, 7:382). No letter of resignation has been found, but that Tudor was in Boston thereafter, and practicing law there, is clear from, among other things, his appointment by the town on 17 May as its agent “to procure Evidence that may be had of the inimical Dispositions, towards this, or any of the United States, of any Inhabitants of this Town” (
Boston Record Commissioners, 18th Report
, p. 280). Yet all the biographical sketches of Tudor that touch on the matter, and all the compilations on Continental officers' service, record the termination of Tudor's military service as in 1778.
Heitman's Register of Officers
, for example, gives his resignation as 9 April 1778, just a year after he had left camp—a coincidence so striking as to suggest a mistake. To complicate matters, Tudor was appointed judge advocate in Jan. 1778 specifically for the trial by court martial of Col. David Henley, in Boston, on charges by Gen. Burgoyne; see Tudor's letter to AA,
26 June 1778 (
Adams Papers). The explanation appears to be that Tudor's commission as a lieutenant colonel in
{p. 274}
one of the additional Continental regiments, beginning Jan. 1777, ran a year
after he originally gave up his post as advocate general in April 1777; see Washington to Heath, 25 March 1778,
Writings, ed. Fitzpatrick, 11:144–145.