Robert Treat Paine Papers, Volume 2
I1 am directed by the Selectmen to acquaint you that they depend upon your coming to Town as soon as possible2 that you may in conjunction with Mr. Quincy3 prepare for the tryal of the Soldiers, and that they make no doubt of your exerting yourself to the utmost that a fair and impartial Justice inquisition may be made for blood. A Person is appointed to attend Mr. Quincy and your self in the collecting of Evidences.4 I am with regard Your obedient hum: servt.,
William Cooper (1721–1809), patriot and town clerk of Boston from 1760 until his death, and brother of Rev. Samuel Cooper. "William Cooper has rendered himself especially obnoxious to the Royalist, by his journal of occurrences published in the Boston Gazette from the time of arrival of Regulars" (Frederick Tucker, William Cooper, the Town Clerk of Boston [Amherst, Mass., 1885], 4, 7).
RTP had gone home to Taunton on Nov. 5 and returned to Boston on the 17th (RTP Diary).
Samuel Quincy was joint counsel for the Crown with RTP; and his
The second of the Boston Massacre Trials, that against the soldiers (Rex v. Wemms) was originally scheduled for Nov. 20 but was postponed until the 27th. The case continued until Dec. 5 when RTP concluded for the Crown, the case went to the jury, and a verdict was rendered by 4 o'clock P.M. Two soldiers were convicted of manslaughter, and the others were acquitted (See Adams, Legal Papers, 3:98–314).
RTP's diary entries during the trial follow:
November
27 fine weather began the Trial of Wm. Wemys a corporal of the 29th Regiment & Wm. McCauley James Hategan John Carol Mathew Kilroy Hugh White Hugh Montgomery Wm. Warren soldiers of sd. Regiment, for Murder of Saml. Gray Saml. Maverick James Caldwel, Patrick Carr & Crispus Attucks on March 5th. the Court adjournd at night I was Council for the Crown with Saml Quincy Esqr.
28 Cold. Court continued, Court met at 9 oclock AM adjd. at one for an 1/2 hour & then held till dark & adjourned
29 Do. moderate
30 Do. Do.
December
1 Do. do. Court adjd. to Monday 9 oClock
2 moderate
3 Do. this morning the Mr. Josiah Quincy Council for the Prisners began his arguments on the Evidence. PM Mr. John Adams of Council likewise for the Prisoners began his Arguments
4 Do. Mr. Adams finished at 12 oClock & I began very much fatigued & unwell
5 Do. abt. 10 oClock I finished & the Court sum'd up the Cause largely to the Jury, who went out & at 4 oClock gave in their verdict Montgomery & Kilroy guilty of Manslaughter & all the rest not guilty.