The Case of Capt. Thomas Preston of the 29th Regiment, 1770

Background

Thomas Preston, an officer of the 29th Regiment of Foot, was arrested after the events of March 5 in Boston and charged with murder. In some accounts Preston is named as the officer who gave the order to fire. Captain Preston prepared his own account of the actions on King Street and the “Case of Capt. Thomas Preston” was published in London in the Public Advertiser in April 1770. As an officer, Preston received a separate trial from the other accused soldiers. John Adams successfully defended him.

Transcript

The Case of Capt. Thomas Preston of the 29th Regiment, June 25, 1770

IT is Matter of too great Notoriety to need any Proofs, that the Arrival of his Majesty’s Troops in Boston was extremely obnoxious to it’s Inhabitants. They have ever used all Means in their Power to weaken the Regiments, and to bring them into Contempt, by promoting and aiding Desertions, and with Impunity, even where there has been the clearest Evidence of the Fact, and by grossly and falsly propagating Untruths concerning them. On the Arrival of the 64th & 65th, their Ardour seemingly began to abate; it being too expensive to buy off so many; and Attempts of that Kind rendered too dangerous from the Numbers. —But the same Spirit revived immediately on it’s being known that those Regiments were ordered for Halifax, and hath ever since their Departure been breaking out with greater Violence. After their Embarkation, one of their Justices, not thoroughly acquainted with the People and their Intentions, on the Trial of the 14th Regiment, openly and publicly, in the Hearing of great Numbers of People, and from the Seat of Justice, declared, ‘that the Soldiers must now take Care of themselves, nor trust too much to their Arms, for they were but a Handful; that the Inhabitants carried Weapons concealed under their Cloaths, and would destroy them in a Moment if they pleased.’ This, considering the malicious Temper of the People, was an alarming Circumstance to the Soldiery. Since which several Disputes have happened between the Towns-People and Soldiers of both Regiments, the former being encouraged thereto by the Countenance of even some of the Magistrates, and by the Protection of all the Party against Government. In general such Disputes have been kept too secret from the Officers. On the 2d instant, two of the 29th going through one Gray’s Rope-Walk, the Rope-makers insultingly asked them if they would empty a Vault. This unfortunately had the desired Effect by provoking the Soldiers, and from Words they went to Blows. Both Parties suffered in this Affray, and finally, the Soldiers retired to their Quarters. The Officers, on the first Knowledge of this Transaction, took every Precaution in their Power to prevent any ill Consequences. Notwithstanding which, single Quarrels could not be prevented; the Inhabitants constantly provoking and abusing the Soldiery. The Insolence, as well as utter Hatred of the Inhabitants to the Troops, increased daily; insomuch, that Monday and Tuesday, the 5th and 6th instant, were privately agreed on for a general Engagement; in consequence of which several of the Militia came from the Country, armed to join their Friends, menacing to destroy any who should oppose them. This Plan has since been discovered.

On Monday Night about Eight o’Clock two Soldiers were attacked and beat. But the Party of the Towns-People, in order to carry Matters to the utmost Length, broke into two Meeting-Houses, and rang the Alarm Bells, which I supposed was for Fire as usual, but was soon undeceived. About Nine some of the Guard came to and informed me, the Town-Inhabitants were assembling to attack the Troops, and that the Bells were ringing as the Signal for that Purpose, and not for Fire, and the Beacon intended to be fired to bring in the distant People of the Country. This, as I was Captain of the Day, occasioned my repairing immediately to the Main-Guard. In my Way there I saw the People in great Commotion, and heard them use the most cruel and horrid Threats against the Troops. In a few Minutes after I reached the Guard, about an hundred People passed it, and went towards the Custom-House, where the King’s Money is lodged. They immediately surrounded the Sentinel posted there, and with Clubs and other Weapons threatened to execute their Vengeance on him. I was soon informed by a Townsman, their Intention was to carry off the Soldier from his Post, and probably murder him. On which I desired him to return for further Intelligence; and he soon came back and assured me he heard the Mob declare they would murder him. This I feared might be a Prelude to their plundering the King’s Chest. I immediately sent a non-commissioned Officer and twelve Men to protect both the Sentinel and the King’s-Money, and very soon followed myself, to prevent (if possible) all Disorder; fearing lest the Officer and Soldiery by the Insults and Provocations of the Rioters, should be thrown off their Guard and commit some rash Act. They soon rushed through the People, and, by charging their Bayonets in half Circle, kept them at a little Distance. Nay, so far was I from intending the Death of any Person, that I suffered the Troops to go to the Spot where the unhappy Affair took Place, without any Loading in their Pieces, nor did I ever give Orders for loading them. This remiss Conduct in me perhaps merits Censure; yet it is Evidence, resulting from the Nature of Things, which is the best and surest that can be offered, that my Intention was not to act offensively, but the contrary Part, and that not without Compulsion. The Mob still increased, and were more outrageous, striking their Clubs or Bludgeons one against another, and calling out, ‘come on, you Rascals, you bloody Backs, you Lobster Scoundrels; fire if you dare, G-d damn you, fire and be damn’d; we know you dare not;’ and much more such Language was used. At this Time I was between the Soldiers and the Mob, parleying with and endeavouring all in my Power to persuade them to retire peaceably; but to no Purpose. They advanced to the Points of the Bayonets, struck some of them, and even the Muzzles of the Pieces, and seemed to be endeavouring to close with the Soldiers. On which some well-behaved Persons asked me if the Guns were charged: I replied, yes. They then asked me if I intended to order the Men to fire; I answered no, by no Means; observing to them, that I was advanced before the Muzzles of the Men’s Pieces, and must fall a Sacrifice if they fired; that the Soldiers were upon the Half-cock and charged Bayonets, and my giving the Word fire, under those Circumstances, would prove me no Officer. While I was thus speaking, one of the Soldiers, having received a severe Blow with a Stick, stept a little on one Side, and instantly fired, on which turning to and asking him why he fired without Orders, I was struck with a Club on my Arm, which for sometime deprived my of the Use of it; which Blow, had it been placed on my Head, most probably would have destroyed me. On this general Attack was made on the Men by a great Number of heavy Clubs, and SnowBalls being thrown at them, by which all our Lives were in imminent Danger; some Persons at the same Time from behind calling out, ‘Damn your Bloods, ‘ why don’t you fire ? Instantly three or four of the Soldiers fired, one after another, and directly after three more in the same Confusion and Hurry.

The Mob then ran away, except three unhappy Men who instantly expired, in which Number was Mr. Gray, at whose Rope-Walk the prior Quarrel took Place; one more in since dead, three others are dangerously, and four slightly wounded. The Whole of this melancholy Affair was transacted in almost 20 Minutes. On my asking the Soldiers why they fired without Orders, they said they heard the Word “Fire,” and supposed it came from me. This might be the Case, as many of the Mob called out “Fire, fire,” but I assured the Men that I gave no such Order, that my Words were, “Don’t fire, stop your Firing:” In short it was scarce possible for the Soldiers to know who said fire, or don’t fire, or stop your Firing. On the People’s assembling again to take away the dead Bodies, the Soldiers, supposing them coming to attack them, were making ready to fire again, which I prevented by striking up their Firelocks with my Hand. Immediately after a Townsman came and told me, that 4 or 5000 People were assembled in the next Street, and had sworn to take my Life with every Man’s with me; on which I judged it unsafe to remain there any longer, and therefore sent the Party and Sentry to the Main-Guard, where the street is narrow and short, there telling them off into Street Firings, divided and planted them at each End of the Street to secure their Rear, momently expecting an Attack, as there was a constant Cry of the Inhabitants, “To Arms, to Arms, — turn out with your Guns,” and the Town Drums beating to Arms. I ordered my Drum to beat to Arms, and being soon after joined by the different Companies of the 29th Regiment, I formed them as the Guard into Street Firings. The 14th Regiment also got under Arms, but remained at their Barracks. I immediately sent a Serjeant with a Party to Col. Dalrymple, the Commanding Officer, to acquaint him with every Particular. Several Officers going to join their Regiment were knocked down by the Mob, one very much wounded, and his Sword taken from him. The Lieutenant Governor and Col. Carr soon after met at the Head of the 29th Regiment, and agreed that the Regiment should retire to their Barracks, and the People to their Houses; but I kept the Piquet to strengthen the Guard. It was with great Diffculty that the Lieutenant-Governor prevailed on the People to be quiet and retire : At last they all went off excepting about an Hundred.

A Council was immediately called, on the breaking up of which three Justices met, and issued a Warrant to apprehend me and eight Soldiers. On hearing of this Procedure, I instantly went to the Sheriff and surrendered myself, though for the Space of four Hours I had it in my Power to have made my Escape, which I most undoubtedly should have attempted, and could have easily executed, had I been the least conscious of any Guilt.

On the Examination before the Justices, two Witnesses swore that I gave the Men Orders to fire; the one testified he was within two Feet of me; the other, that I swore at the Men for not firing at the first Word. Others swore they heard me use the Word “Fire,” but whether do or do not fire they could not say; others, that they heard the Word “Fire,” but could not say if it came from me. The next Day they got five or six more to swear I gave the Word to fire. So bitter and inveterate are many of the Malcontents here, that they are industriously using every Method to fish out Evidence to prove it was a concerted Scheme to murder the Inhabitants. Others are infusing the utmost Malice and Revenge into the Minds of the People who are to be my Jurors by false Publications, Votes of Towns, and all other Artifices, that so from a settled Rancour against the Officers and Troops in gene- ral, the Suddenness of my Trial after the Affair, while the People’s Minds are all greatly inflamed, I am though perfectly innocent, under most unhappy Circumstances, having nothing in Reason to expect but the Loss of Life in a very ignominious Manner, with- out the Interposition of his Majesty’s Royal Goodness.

________________________________________

Boston-Gaol, Monday, 12th March 1770.

Messieurs EDES & GILL,

PERMIT me thro’ the Channel of your Paper, to return my Thanks in the most publick Manner to the Inhabitants in general of this Town — who throwing aside all Party and Prejudice, have with the utmost Harmony and Freedom stept forth Advocates for Truth, in Defence of my injured Innocence, in the late unhappy Affair that happened on Monday Night last : And to assure them, that I shall ever have the highest Sense of the Justice they have done me,

Which will be ever gratefully remembered, by Their much obliged and most obedient humble Servant,

THOMAS PRESTON.

 

Source: “The Case of Capt. Thomas Preston of the 29th Regiment,” Boston Evening-Post, Supplement, June 25, 1770, Massachusetts Historical Society.

Excerpt

The Case of Capt. Thomas Preston of the 29th Regiment, June 25, 1770

. . . I immediately sent a non-commissioned Officer and twelve Men to protect both the Sentinel and the King’s-Money, and very soon followed myself, to prevent (if possible) all Disorder . . . Nay, so far was I from intending the Death of any Person, that I suffered the Troops to go to the Spot where the unhappy Affair took Place, without any Loading in their Pieces, nor did I ever give Orders for loading them. The Mob still increased, and were more outrageous, striking their Clubs or Bludgeons one against another, and calling out, ‘come on, you Rascals, you bloody Backs, you Lobster Scoundrels; fire if you dare, G-d damn you, fire and be damn’d’ . . . then asked me if I intended to order the Men to fire; I answered no, by no Means . . . While I was thus speaking, one of the Soldiers, having received a severe Blow with a Stick . . . instantly fired, on which turning to and asking him why he fired without Orders . . . On this general Attack was made on the Men by a great Number of heavy Clubs, and SnowBalls being thrown at them, by which all our Lives were in imminent Danger; some Persons at the same Time from behind calling out, ‘Damn your Bloods,’ why don’t you fire? Instantly three or four of the Soldiers fired, one after another, and directly after three more in the same Confusion and Hurry.

The Mob then ran away, except three unhappy Men who instantly expired . . . one more in since dead, three others are dangerously, and four slightly wounded. The Whole of this melancholy Affair was transacted in almost 20 Minutes. On my asking the Soldiers why they fired without Orders, they said they heard the Word “Fire,” and supposed it came from me. This might be the Case, as many of the Mob called out “Fire, fire,” but I assured the Men that I gave no such Order, that my Words were, “Don’t fire, stop your Firing:” In short it was scarce possible for the Soldiers to know who said fire, or don’t fire, or stop your Firing . . .

THOMAS PRESTON

 

Source: “The Case of Capt. Thomas Preston of the 29th Regiment,” Boston Evening-Post, Supplement, June 25, 1770, Massachusetts Historical Society.