James Bailey, sailor, sworn.
Q. Did you see any of the prisoners in King-street on the evening of the 5th of March last?  A. Yes.
Q. Which of them?
A. Carrol and Montgomery, and White who was the Sentry there.
Q. Did you see any of the rest?
A. No, I do not remember to have seen any of the rest.
Q. Was you there before the party came down?  A. Yes.
Q. In what part of the street?
A. I was standing along with the Sentry, on the Custom-house steps; I saw a number of boys round the Sentry.
Q. What number?
A. Twenty or thirty.
Q. Were they all boys?
A. Yes, none older than seventeen or eighteen years old.
Q. Did any thing pass between you and the Sentry?
A. Yes, When I first went up to him, I said, what is the matter? He said he did not
know. The boys were throwing pieces of ice at him, and after I went to him, they threw
no more; I stood with him five or six minutes.
Q. Did you see the pieces of ice thrown?
Q. What sort of pieces, were they small or were they big enough to hurt a man?
A. Yes, hard and large enough to hurt any man; as big as ones fist.
Q. Did he complain any thing about it?
A. He said very little to me, only that he was afraid, if the boys did not disperse,
there would be something very soon, he did not mention what.
Q. Did he tell them to disperse?  A. No, he did not say a word to them.
Q. Did you see any of the pieces of ice hit him?
A. There was nothing thrown after I went to him; if any thing was thrown, it was before.
Q. How came you to go to him?
A. I went up to him because I knew him, and to see what was the matter.
Q. Did you hear him knock at the door?  A. No.
Q. Did he call for any assistance?  A. I did not hear him.
Q. Was you there at the time of firing; please to recollect the circumstances?
A. When the soldiers came down, Carrol came up to me and clapt his bayonet to my breast, and White said do not hurt him.
Q. Was that before the soldiers had formed?
A. Yes; immediately on their first coming down. I stood betwixt the corner of the Custom house and the post there, with my arm a top of the post.
Q. Did you hear the first gun fired?
Q. From what quarter?
A. From the right.
Q. Do you know the man that fired that gun.
A. It was Montgomery, he was the very next person to me, close to me. When White told him not to hurt me, he took his hand and pushed me right behind him.
Q. Did that first shot kill or wound any person?
A. I do not know.
Q. What space of time was it betwixt the first and second gun?
A. Half a minute, or less.
Q. Did you see any ice or snow thrown betwixt the first and second gun?
Q. Did you hear any thing said?
A. There was a noise among the inhabitants, but I cannot say what they said.
Q. Did you see any thing thrown before the firing?
A. Yes; Montgomery was knocked down with a stick, and his gun flew out of his hand, and when he recovered
himself he discharged his gun.
Q. Do you know where he stood at that time?
A. He was the very corner man, on the right, close to me.
Q. Who stood next him?
A. I do not know, but the man that stood the third from the right was Carrol, and I believe he was the next that fired.
Q. Did you observe any body strike Montgomery, or was a club thrown?
A. The stroke came from a stick or club that was in somebody's hand, and the blow struck
his gun and his arm.
Q. Was he knocked down, or did the gun only fly out of his hand?
A. He fell I am sure.
Q. What with the blow on his arm?
A. His gun flew out of his hand, and as he stooped to take it up he fell himself; the
blow struck his arm and might hit his body, for any thing I know.
Q. Did you see the person that struck him; was he a tall man?
A. He was a stout man.
Q. Was any number of people standing near the man that struck his gun?
A. Yes, a whole crowd, fifty or sixty.
Q. When he took up his gun and fired, which way did he present?
A. Towards Stone's tavern, I imagine he presented towards the Molatto.
Q. How far distant was he from Montgomery when he fell?
A. About fifteen feet.
Q. Did you see any of the rest of the persons fall?
A. No. When Montgomery fired, I stooped down, and when the smoke was gone, I saw three lying dead.
Q. Was the blow Montgomery received, upon the oath you have taken, violent?
A. Yes, very violent.
Q. When you came to the Custom-house, and saw the boys throwing ice, where did they stand?
A. In the middle of King-street.
Q. Were they thrown as hard, as they could throw them?
A. I believe they threw them as hard as they could.
Q. Was there at that time a good deal of ice in K street?
A. Yes, considerable broken ice.
Q. Before the firing, after the party came down, did you see any snow-balls, sticks,
or ice, thrown at the party?  A. No.
Q. Did you hear any thing said to the party?
A. I heard nothing in particular said to them. I heard the cry of fire.
Q. Did you hear any threats?
A. No, none at all.
Q. Do you remember your examination before the Justices?
A. Yes. [This refers, apparently, to the commitment examination, and not to a deposition taken
later. Bailey's is not one of the ninety-six depositions appended to the Narrative.]
Q. Do you remember your saying they were throwing sticks and cakes of ice, in the mob
A. No, not at the soldiers.
Q. Did you hear any cheers?
A. Yes, I heard two or three cheers.
Q. What time?
A. About two minutes before they fired.
Q. Did you hear anything said to this purpose, knock them over! kill them! kill them?
A. No, I did not.
Q. What did the people seem to be doing?
A. They stood front of them, and were shouting; but I saw no violence done, but to
that one man.
Q. What did the people do immediately on the firing of the first gun?
A. I could not see because of the smoak.
Q. Did Montgomery say any thing upon the firing of his gun?
A. Not a word: nor any of the soldiers.
Q. Did you see a number of persons coming up Royal-exchange-lane, with sticks?
A. No, I saw a number going up Cornhill, and the Molatto fellow headed them.
Q. Was this before the guard came down or after?
A. It was before the guard came down.
Q. How many might there be of that party?
A. Betwixt twenty and thirty: they appeared to be sailors; some had sticks, some had
none. The Molatto fellow, had a large cord-wood stick.
Q. Did they come down King-street afterwards?
A. I did not see them come down. I did not see the Molatto afterwards, till I saw him
Q. Which way was the Molatto with his party going, when you saw them?
A. Right towards the Town-pump.
Q. Which way did you go into King-street?
A. I went up Royal-exchange-lane.
Q. How long before the firing, was it, you saw them in Cornhill?
A. Six, seven, or eight minutes, I believe.
Q. Were the bells ringing then?  A. Yes.
Q. What did the party with the Molatto do or say?
A. They were huzzaing, whistling and carrying their sticks upright over their heads.
Q. What number of sticks, do you suppose might be in the whole?
A. Seven or eight I suppose; some of them whistling, some huzzaing and making a noise.
Q. Did you know their design?
A. I did not: when they went up Cornhill, I went up Royal-exchange-lane.
Q. Did you see any soldiers about that time in the street?
A. Yes, I saw a number at Murray's barracks, and some officers driving them in.