The Trial of Captain Preston - Case Study Example

THE TRIAL OF CAPTAIN PRESTON Introduction: As a part of the active learning technique, the academia has sought to help engage history in a more interactive manner. The book by Wheeler and Becker is one such attempt to help students to evaluate primary-source evidence and interpret it as a historian would. One of the chapters deal with the colonial period and one of it is the Boston Massacre. This incident, its reason, the circumstances and the aftermath is described with the request to the reader to reach his own conclusions (Doing history in classroom). Thesis: “The verdict on the case of Captain Preston, even though under the shadow of much prejudiced jury and judgment, was honest and impartial” The Background: The Boston town was the venue of much agitation after the Stamp Act and people like Samuel Adams incited the townsfolk to be more open in their protests. This led the British Administration to place an armed force at the town which lead to skirmishes of increasing magnitude between the people and the British forces. A boy of eleven, Christopher Snider was shot and this complicated things further. The problem: Under these conditions that prevailed in the town, a soldier on being pestered by a group of boys struck one of them down. Soon a crowd gathered around him and Captain Preston and seven British soldiers came to protect the sentinel. The crowd swelled and got out of control. One of the solders, Montgomery fired into the crowd and other soldiers followed, one by one. The crowd dispersed leaving five people dead and six wounded. The soldiers and the captain were taken into custody and charged with murder. The trial began on October 24 of the same year. Evidence and the method used for analysis: In the cases of trials in history, historians use the Trial transcript and the case notes of the lawyers mainly. Then the testimony of witnesses on the scene is also given a certain merit. Here the material is approached rather skeptically. We need to understand that the so called witnesses may not have seen the whole incident. Then, there is the possibility that the witness may be lying. The historian concerns himself with not only the statement, but also with the motives of the witness. The trial transcript of the case of Capt. Preston is not available, so the historian is limited to one anonymous person’s summary of what each person said, Richard Palmes’ reconstruction of what his testimony and his cross examination had been. The Prosecution lawyer’s notes were also available for use. The incident and its outcome analyzed by the witnesses It is better that the testimonies are analyzed on the basis of the verdict given, that is whether the details given were against Captain Preston or for Captain Preston. Only relevant persons are taken. 1. Ebenezer Hinkley: He says “A Captain cried out of the window” (pg 81). But this could not have been captain Preston since he did not go inside the Custom house. He also says that he did not here any word to open fire come from the captain. His statement also proves that the guns did not go off together. 2. Peter Cunningham. He says that Captain Preston gave the order to Prime and Load, but he too did not hear any order given to fire. 3. William Wyatt: He says that somebody met Captain Preston. He heard the officer say fire. But he did not see the face of the Officer. This witness confuses the case when he says finally that the person who had the surtout was the one who gave the order to fire. Later he expedites the captain saying that he did not have the Surtout. This is the first witness to indicate the presence of another person, possibly an officer at the scene of the massacre. 4. John Cole: This witness says he was within four feet of the captain. But whereas other witnesses give indications that people began to disperse after the first volley of shots, this witness says that people “seemed to be trying to come into the street”. This is highly improbable. The clarity with which he gives his witnessing itself raises the doubt that he could have been a planted witness. 5. Benjamin Burdick: Was the one who talked with the captain while they were coming to the scene. His witnessing contradicts with that of John Cole about what the captain said after firing. This witness is also important in that he gives the indication that there was another officer present in the midst of the shooting. He is sure that the order to fire came from behind the soldiers. 6. Daniel Calef : A well studied witness, with an impeccable description of the officer’s uniform. On the contrary, the time of night, in a situation of stress, the lighting in eighteenth century being what it is, the description is too good to be true. Also he describes how he was able to watch the colors of the uniform. This witness could have been a false one, planted to put the blame on the Captain. He says that the captain stood by the side of the soldiers which contradicts him with Benjamin Burdick, thus losing his credibility. 7. Robert Goddard: He accuses that a sailor or townsman struck the captain forcing him to command firing. He clearly ascertains that the Captain was the one who ordered the firing. But he also says that the soldiers fired one after the other. And he says that he was very close to the captain, when he gave the command. By far, this man is the only valid witness with some credibility and reliability against the captain. But he says the captain stood at the back, which contradicts with Daniel Calef, who’s witnessing proved against the Captain. 8. Edward Hill: Just gives a confirmation of what the Captain said. “Fire no more, you have done mischief enough”. These words confirm what the other witnesses like William Wyatt said about the captain and directly contradicts John Cole. 9. Richard Palmes: is the witness whose notes have helped in recreating the witnessing scene. He identifies the person talking with the Captain. His testimony also acquits the Captain from saying the words “why don’t you fire” (pg. 85). This man was so close that he puts his hands on the Captain. It is the grenadier, Montgomery who shot first at the mob, enraged by the stick that hit him. He confirms the command to fire, after the first shot, which contradicts almost all of the witnesses against the Captain. 10. Jane Whitehouse: This witness explicitly describes another person dressed in dark colored clothes, presumably an officer who encouraged the soldiers to shoot. She says “I am positive, the man was not the Captain” (pg. 86). But the witnessing is a bit too artificial, and thus could have been a planted witness. 11. James Woodall: He confirms the witnesses Richard Palmes, the Deposition of the captain etc. about the soldier who fell down and fired at the mob on impulse. He also witnesses another man “in velvet of blue or black plush trimmed with gold”. (pg. 86). He describes the expression of shock on the face of the Captain and confirms that the captain did not give the order to fire. Conclusion: On examining the above witnesses one by one, we can find that the prosecution could not make the case clear against the Captain. The presence of another man with a Surtout, and dark dress complicated things further. Whereas, the deposition of the captain checks out, with some of the witnesses, the witnesses of prosecution like Calef and Goddard contradicts themselves. Also like a last nail on the coffin of this weak case, the Cross examination of Captain James Gifford, the guns going of one after the other, soldiers being in charged bayonet position, all silently witness to the impossibility of the Captain giving the order to fire. If we read this along with planned witnessing and an enraged mob after the Christopher snider incident, the finger points at outside influence to trap the soldiers and fuel the feelings of hatred towards the British. Even though, the incident helped to fan patriotic feelings, leading to the American Revolution, I feel that the verdict, acquitting Captain Preston was a worthy and honest one (Wheeler & Becker). Works cited: Doing history in classroom. (2000). March 8, 2010 Read More