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Browsing: Legal Papers of John Adams, Volume 3


This foot note contained in document ADMS-05-03-02-0001-0001
48. Gage to Dalrymple, 5 Aug. 1770, Adams, New Light 63, 64. Dalrymple to Gage, 12 Aug. 1770, Adams, New Light 66, 67. The unconventional punctuation obscures the sense of its last few phrases. But a possible meaning is: Auchmuty will probably do less than his best; if this is true of a loyalist, it is even more true of the other lawyers. Auchmuty in a memorial to the Crown years later told of his participation in “the dangerous trial of Capt. Preston, and two under Officers of the customs, all charged with murder.” Jones, Loyalists of Mass. 14. Presumably, this refers to the civilians' trial; compare text at note 105 below; it might, however, refer to Rex v. Richardson, No. 59. JA , whatever his attitude, was devoting at least part of his time to preparing for the trials. See 1 JA Diary and Autobiography 352, which indicates that as early as 28 June 1770 he had read and noted the passage from Beccaria's Essay on Crimes and Punishments which he was to use with great effect at the beginning of his argument in Rex v. Wemms.