Thomas J. Carey, Jr.

The Boston Massacre, John Adams, and the Rule of Law

On March 5, 1770, a large unruly crowd of Bostonians confronted a group of seven British soldiers and their leader, Captain Thomas Preston. Shots were fired on the group of civilians, killing five men, including Crispus Attucks, and wounding six. The event was quickly characterized as “The Boston Massacre” by Samuel Adams and the Sons of Liberty. Captain Preston and the seven soldiers were all indicted for murder, and, fortunately for them, John Adams, Josiah Quincy, and Robert Auchmuty agreed to represent them. Captain Preston’s case was severed from the others, and he was acquitted in the first trial. The seven lower ranking soldiers were tried together in the second trial; five were acquitted and two were found guilty of manslaughter. Adams later declared that “the part I took in the defense of Captain Preston and the soldiers procured me anxiety and obloquy enough. It was, however, one of the most gallant, generous, manly, and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been a foul stain upon this country …. As the evidence was, the verdict of the jury was exactly right.” What was the evidence and how good was John Adams as a trial lawyer? Was his assessment of the cases correct? Do the Boston Massacre trials still hold an important place in America’s legal history?