The mob then ran away, except three unhappy men who inftantly expired, in which number was Mr Gray, at whofe rope-walk the prior quarrel took place; one more is fince dead, three others are dangerously, and four flightly wounded. The whole of this melancholy affair was tranfacted in almost twenty minutes. On my afking the foldiers why they fired without orders, they faid they heard the word, 'Fire," and fuppofed it came from me. This might be the cafe, as many of the mob called out, Fire, fire,' but I affured the men that I give no fuch order, that my words were 'Don't fire, ftop your firing:' In fhort, it was fcarce poffible for the foldiers to know who faid fire, or don't fire, or ftop your firing. On the people's affembling again to take away the dead bodies, the foldiers, fuppofing them coming to attack them, were making ready to fire again, which I prevented by ftriking up their firelocks with my hand. Immediately after a townfman came and told me, that 4 or 5000 people were affembled in the next ftreet, and had fworn to take my life with every man's with me; on which I judged it unfafe to remain there any longer, and therefore fent the party and centry to the main-guard, and when they arrived there, telling them off into ftreet-firings, divided and planted them at each end of the ftreet to fecure their rear, mo mently 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 bear to arms, and being foon after joined by the different companies of the 29th regiment, I formed them as the guard into ftreet firings. The 14th regiment also got under arms, but remained at their barracks. I immediately fent a ferjeant with a party to Colonel Dalrymple, the commanding

.

officer,

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 fword taken from him. The lieutenant-gover or and Colonel Carr, were foon after met at the head of the 29th regiment, and agreed that the regiment fhould retire to their barracks, and the people to their houfes; but I kept the piquet to ftrengthen the guard. It was with great difficulty that the lieutenant-governor prevailed on the people to be quiet and retire at laft they all went off, excepting abour a hundred.

A council was immediately called, on the breaking up of which, three juftices met, and iffued a warrant to apprehend me and eight foldiers. On hearing of this procedure, I inftantly went to the fheriff, and furrendered myself, though for the fpace of four hours I had it in my power to have made my efcape, which I most undoubtedly fhould have atempted, and could eafily have executed, had I been the leaft confcious of any guilt. On the examination before the juftices, two witneffes fwore that I gave the men orders to fire; the one teftified he was within two feet of me; the other, that I fwore at the men for not firing at the first word. Others fwore they heard me use the word, fire; but whether do or do not fire, they could not fay; others, that they heard the word fire, but could not say if it came from me. The next day they got five or fix more to fwear I gave the word to fire. So bitter and inveterate are many of the male. contents here, that they are industriously ufing every method to fish out evidence to prove it was a concerted scheme to murder the inhabitants. Others are infufing the utmoft malice and revenge into the minds of the people, who are to be my jurors, by falfe pub

lications,

blications, votes of towns, and all other artifices. That fo, from a fettled rancour against the officers and troops in general, and the fuddennefs of my trial after the affair, while the people's minds are greatly inflamed, I am, though perfectly innocent, under most unhappy circumstances, having nothing in reafon to expect, but the lofs of life in a very ignominious manner, without the interpofition of his Majesty's justice and goodness.

4

Here ends Captain Prefton's account, to which may be added his trial, which began on Wednesday the 24th of October, and was continued from day to day, Sunday excepted, till Tuesday the 30th. The witneffes who were examined on both fides amounted to about 50. The lawyers for the crown were Mr Barne and Mr Samuel Quincy; for the prifoner, Mr Auchmuty and Mr John Adams. Each of them fpoke three hours at leaft. About Monday noon the judges began their charge, Judge Trowbridge, who spoke first, entered largely into the contradictory accounts, given by the witnoffes, and declared, that it did not appear that the prifoner gave orders, to fire; but if the jury fhould think otherwife, and find it proved that he did give fuch orders, the queftion then would naturally be, What crime is he guilty of? They furely could not call it murder. Here he explained the crime of murder in a very diftinct manner, and gave it as his opinion, that by law the prifoner was not guil of murder; obferving, that the King had a right to fend his troops here; that the commanding officer of these troops had a right to place a centinel at the cuftom-houfe: that the centinel placed there on the night of the 5th of March was in the King's peace; that he durft not quit his poft; that if he was infulted or attacked, the captain of the guard had a right to

ty

protect

- protect him ; that the prifoner and his party, who came there for that purpofe, were in the King's peace; that while they were at the custom-house, for the purpose of protecting the centinel, it was plainly proved that they had been affaulted by a great nunber of people; that the people affembled there were "not in the King's peace, but were by law confidered as a riotous mob, as they attacked the prifoner and his party with pieces of ice, flicks, and clubs; and that even one of the witneffes againft him confeffed he was armed with a highland broad fword; that the rioters had knocked down one of the foldiers of the party, laid hold of several of their muskets, and that, before the foldiers fired, the cry was, Knock them down! Kill them! Kill them! That all this was fworn to by the witneffes, and if the jury believed them, the prifoner could not be found guilty of murder. He their proceeded to explain what the law confidered as man-flaughter, and obferved, as before, that if they gave credit to the witneffes, who teftified the aflaults made on the prisoner and his party, they could not find him guilty of man-flaughter, and concluded with faying, that if he was guilty of any offence, it could only be excufable homicide; that this was only founded on the fuppofition of the prifoner's ~having given orders to fire, for if this was not proved, they must acquit him.

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1

i

Judge Oliver, who spoke next, began with repre2" fenting, in a very nervous and pathetic manner, the infults and outrages which he, and the court, through him," had received on a former occafion, (meaning the trial of Richardfon) for giving his opinion in a point of law, that, notwithstanding, he was refolved to do his duty to his God, his King, and his country that *he defpifed both infults and threats, and that he would

not

not forego a moment's peace of confcience for the applaufe of millions. He agreed in fentiment with the former judge, that the prifoner was not guilty.

Judge Cufhing fpoke next, and agreed entirely with the other two, with regard to the prisoner's cafe.

Judge Lyndex concluded. He spoke a confiderable time, and was of the fame opinion with the other judges. Towards the clofe of his fpeech, he faid, Happy I am to find, that, after such strict examination, the conduct of the prifoner appears in fo fair a light; yea I feel myself, at the fame time, deeply af fected, that this affair turns out fo much to the dif grace of every perfon concerned against him, and fo much to the fhame of the town in general." The jury then returned their verdict, Not Guilty. He was immediately discharged, and is now in the caftle. Great numbers attended during the trial, which was carried on with a folemn decency.

As one evil generally introduces another, during the time of these commotions on the continent; of America, a set of lawless ruffians in Orange county, Carolina, broke out into open violence, and fet all law and government at defiance. They called themfelves Regulators, and committed many wicked and cruel outrages. Their principal averfion was directed against courts of justice, and gentlemen of the law, to whom they shewed all manner of defpite, and contempt. When Judge Henderson and several lawyers ! were returning from Salisbury circuit to Hillsborough to hold the court there, they lay in wait for them, Jwith rifle guns to dispatch them; but the Judge receiving intelligence of their defign, went another way, and by that means preferved his own life, and that of his attendants. They fill threatened to meet him at

Hillsborough,