James Bailey, sailor, sworn.
Q. Did you see any of the prisoners in King-street on the evening of the 5th of March last?
Q. Which of them?
A. Carrol and Montgomery, and White who was the
Q. Did you see any of the rest?
A. No, I do not remember to have seen any of the
Q. Was you there before the party came down? 
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
Q. What number?
A. Twenty or thirty.
Q. Were they all boys?
A. Yes, none older than seventeen or eighteen years
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
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
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
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? 
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
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
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
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
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
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
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
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? 
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
A. Yes. [This refers, apparently, to the
commitment examination, and not to a deposition taken later. Bailey's is not one of
ninety-six depositions appended to the Narrative.]
Q. Do you remember your saying they were throwing sticks
and cakes of ice, in the mob way?
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
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 dead.
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
A. Six, seven, or eight minutes, I believe.
Q. Were the bells ringing then? 
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
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
A. Yes, I saw a number at Murray's barracks, and some officers driving them in.