The Writings of Samuel Adams, vol 2, page 109 by Samuel Adams
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other persons, excepting the Soldiers, had form'd a design to commit disorders at that or any other time: Unless credit is to be given in a court of law, to the hearsay of an hearsay; the story which one man told another at sea, and months after the facts were committed: Evidence which was in vain objected to by the council for the crown; but to the honor of one of the prisoners council was by him interrupted and stopped. This worthy gentleman declared in open court that it was not legal, and that it ought not to have the least weight in the minds of the jurors; upon which it was ruled, that the witness should proceed no further, and he was dismiss'd.
I come now to consider the tragical scene, as it was acted in King-street; in doing which, I shall confine myself chiefly, to the evidence as it was given in court: If I vary from the truth, let Philanthrop, or any one else correct me; it is far from my design: And I am willing to appeal for facts, to the book which Philanthrop has told us of; provided always, that the facts are there stated with impartiality and truth: This I think it necessary to premise, because I find it advertiz'd, that the book is to be publish'd, not by the direction, but with the permission of the court: A distinction, which appears to me to be of some importance.
It may be necessary, first to enquire into the situation the centinel was in, for whose relief the party was said to have afterwards gone down. By the testimony given in court, by Col. Marshall, who had spent the evening at a friend's house in dock- square, it appears that at nine o'clock all was quiet there; and passing thro' Royal - exchange lane into King street, where the centry was, he found all as peaceable there; "the street never clearer," was his expression. It is probable that very soon after this, the difference arose between the centry and the barber's boy; for Col. Marshall testified, that some time after, he heard a distant cry of murder; and it is without doubt the centry struck the boy, with his gun, -