If therefore on y e whole of y e Evid nce offer’d, y e sh d be of y e Mind, That this meet g of y e Sold rs was lawful
as they were Injoyn’d it by their Officer who had y e Comand & you must look upon it that there
being thus mett was lawfull; whether it was so or not may be after Consid rg but on that
Supposition. it will be necessary for y e to determine by which & or how many of the
Prison rs: y e deceas d Psons were slain or who actualy abetted those who did it. for the sold rs:
were not unlawfuly Assembled, the Homicide canot legally be Imputed to them all
it mus those only who did the Act can be Charged with it = Let us then go into y e Enq ry
w th regard to some of y e Prison rs you have nothing Pticul ry laid to y e Charge Save y e being
there – You will find indeed on looking over y e Evidence that they all were together there Corp l Wemms Warren Mongom & y e oth rs
were all present when this Unhappy Tragic firing hapne d – but up n only two or at most 3 ag st whom any
thing certain can be fixed – there is indeed a 3 d: viz v y e Tall man, Warren, who
by the Evidence of Burdet on a man firing one fell; he thinks it Warren, but is not
Certain of it – & when y e: find where he places the man who fired, it makes it [illegible]
Especially as its against y e Gene l run of the other Evidence

How However it bears hard on this Prison r Kilroy, Especialy Consid r what Ferriter swears of Kilroy being
in the affray at the rope Walks, & there some of them swore they w d have satisfaction for what
they yre mett with – This taken alone w d Suggest a malicious Intent in this man & had he gone
down & join’d the Sold rs of his own Accord, it would Appear more so, but that was
not the case he was order'd there by his Sup r Officer, whom he was obliged to obey –
Still there is another matter ag t: this man & w ch Savors of Cruelty & Inhumanity
I mean What Croswel & Carter swears that seeing his Bayonet y e: next moment was bloody
5 Inch up – If this was done by Stabing Monks the dying man after he was shot Down It was a Barbarous Action
& must Arise from a bad mind not from any fear of Danger from a Pson near Expiring his End –
& therefore cannot be Justified und r y e pretence of self Defence = but wheth r he can be charged with
the Crime of Murder is y e Q n – when he went expected there not of himself but by Comand r: of his Officer, w m
he was bound to Obey – & placed there in Defence & support of Centry fixd at this post by Martial Authority –
& when you Consid r the threatning Given them all the things flung & stroke Given, & that the Pson
Slain was one of the most active had threatned he w d knock down some of Sold rs: what
Swears was Annimating & pushing on y e Pple & diswading from runn g away
for they Durst not fire These thing I say togeth r with the real Dangers the all were in fear y t those
Surround g may less n his Crime from What he is Charged with to mansl a –

Mr. Palmes who appears a verry Intellig t Witness fixs y e first fire on y e Grenad r M t Gom y on y e Cap t R t hand
With regard to Montgomry J n.Baily swears he was y e 1 st. Pson that fired & Attucks y e Mollatto fell by
his shot – J. Danbrook he swears y t on M t Gomery firing fell Attucks. & he thinks another
I you Credit these 2 Witnesses what they Declare fixes the Killing of Attucks on this Soldier –
Unless the Acco t given by M r Burdet sh d render it more some what uncertain for he fixes this if I
mistake him not, on the Tall man Warren = You have then to Consider what has been
Offerr’d by his Council for him & what the Wittness have declared in his behalf.
They Alledged M t Gom ry had a Just Provocation to fire – for y t what Bailey (y t Wittness for [illegible]
declared y t: before y e 1st fire M t had a blow stroke g Blow Given by one who stood on his Right & being
Ask'd by y e Prison rs Counsel wheth r it was a verry violent he answers yes – he goes on & say the
blow stroke given M t Gomery bro t him to y e ground – M r Palmes Confirms y e same
so also Whadle & Andrew

Who Testi fg as to the Stroke Given y t Grenadiers & And the blow on his head Accompanied w th
the Cry Kill the Dog. Knock him overboard = They says this was done by a large stout
man & describe him in such a man r as it must suppose him to be Attucks.

John [Pevem's?]
Creditors Petition

Soldiers Trial 1770