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Chapter 4.

The Boston Massacrechoolboys threw rock-filled snowballs at them; respectable citizens openly tor-mented them; employers denied them honest jobs; innkeepers refused to servethem; and the best people in town avoided their company. The men who suf-

fered these abuses were the British soldiers stationed in the colonies. Two regiments hadbeen sent to Boston to keep order after the Stamp Act riots. Some were housed in FaneuilHall; others camped on the Boston Commons. Colonists, who had long feared the presenceof a standing army, hated these soldiers and regarded them as an occupying army sent totake away their freedom.

The British troops were not always innocent victims of the abusive colonists. Sol-diering was one of Europe's least respected professions, and people with education or op-portunity either became officers or avoided the service altogether. Ill-mannered and illiter-ate, the soldiers spent so much time drinking, British officers worried that they would losetheir army completely to "demon rum." The soldiers challenged decent citizens in thestreets by day and brawled with Bostonians in taverns at night. For eighteen months theyharassed and were harassed by the citizens of Boston. Perhaps it was only a matter of timebefore the hatred between soldiers and citizenry would explode into serious violence.

The violence occurred on a March evening in 1770 when a small detachment oftroops fired into a mob, leaving eleven dead or wounded. This "Boston Massacre" raised twoimportant issues: the right of citizens to challenge authority and the right of the govern-ment to maintain order, issues that citizens and governments have argued about for centu-ries and continue to argue today.

Incident at the Ropewalk

Fighting first erupted between town and troops on March 2nd, three days before themassacre itself. Following a common practice of off-duty soldiers, Private Patrick Walker waslooking for work. His search brought him to John Gray's Ropewalk where available workersoften picked up jobs at odd hours mending the miles of rope used by the many vesselsdocking in Boston. Rope maker William Green spotted Pvt. Walker and asked him whether hewanted to work.

"Yes, I do, faith,"' the soldier replied, and promptly was told he could empty the pub-lic toilet.

"Empty it yourself."

More words followed, and getting the worst of the argument, Walker swung wildly atGreen. Nicholas Ferriter, another employee, joined the battle and knocked the off-duty sol-dier on his backside. The sword he carried beneath his coat fell to the floor. Walker fled toget reinforcements and returned a few minutes later with Private William Warren and sevenor eight other soldiers. A larger group of rope makers gathered to beat them back. Within15 minutes nearly forty soldiers were on the scene. The battle resumed and both Sam Gray

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(a colonist) and Private Mat Kilroy (a soldier) distinguished themselves in the fighting. Theengagement ended with the British again driven to cover, but smaller engagements occurredover the next two days. Three days later, Gray would be dead, felled by a British bullet, andprivates Warren and Kilroy would be charged with murder.

The Battle Over the Barber's Bill

Only a quarter moon lit Boston's streets on the chilly but pleasant evening of March5, l770. A solitary sentry, Private Hugh White, paced before the Customs House on KingStreet. Edward Garrick, a teenager apprenticed to a colonial wigmaker, approached thescene where he spied Lt. Goldfinch and accused him of owing money to his master. Knowingthat he carried the receipt for his bill, Goldfinch ignored the accusation. Garrick continuedthe provocation, telling passers-by that Goldfinch was cheap and would not pay his bills. Pri-vate White came to defend his superior, calling Goldfinch a gentleman who paid what heowed. Garrick pressed his point.

"Let me see your face," White challenged.

Garrick replied that he was not afraid to show his face, and without another word,the soldier swung his musket down on the side of the lad's head.

Screaming in pain, Garrick ran away, but several of his friends remained on the scene,taunting the soldier. "Lobster, son of a bitch," they called him; "Damned rascally scoundrellobster son of a bitch." Meanwhile the church bell tolled the alarm for a fire. Men beganshouting fire and poured into the street. The crowd around Hugh White increased to fifty,and snowballs accompanied the taunts. White, plainly frightened, retreated to the Custom'sHouse steps and loaded his rifle. The crowd then picked up chucks of ice and threw them atthe sentry.

Private White Gets Reinforcements

As more colonists poured out into the streets, Captain Preston selected seven men,including Privates Kilroy, Montgomery and Warren. With fixed bayonets but unloaded mus-kets, the small detachment pressed through the heavy throng of colonists surrounding theCustom's House. The crowd parted to let the soldiers by and closed in behind them. Uponreaching their destination, the soldiers loaded their rifles with double shot and formed asemi-circle around the Custom's House, protecting it and their own flank. Preston stood infront of his men, facing the crowd, which by this time numbered upward of 300. The mobpressed upon the soldiers, rapping musket barrels with their clubs and hurling insults. Em-boldened by the misconception that soldiers could not shoot unless ordered by a civilian, thecrowd dared them to fire.

In the midst of this confusion, a club was thrown from somewhere within the crowdknocking Private Montgomery to the ground. Rising to his feet in pain and frustration, Mont-gomery raised his weapon and pulled the trigger. No one seemed to be hit. Richard Palmes,who hitherto had acted as peacemaker, swung his club, striking Montgomery in the arm.Palmes slipped as he aimed a blow at the Captain's head and struck him on the shoulder.Another colonist, attacking with a stick, was repelled with bayonet wounds in the biceps andin the chest.

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The shot, however, hadscared many of the colonists awayand left the center of the Britishline fairly clear. For a brief momentthere was a pause, lasting some-where between six seconds andtwo minutes.

Death on King Street

During the pause followingMontgomery's shot, Private Kilroyraised his musket, pointing it in thedirection of Sam Gray and EdwardLangford, both colonists.

"God damn you, don't fire," Langford yelled.

But Kilroy squeezed the trigger without appearing to aim, and Gray, with his hands inhis pockets, fell dead at Langford's feet. John Hickling ran up and felt a hole in Gray's headas large as a fist. Two more shots rang out and Crispus Attucks, a 6'2" former slave, felldead on the ground with two bullets in his massive chest. Then someone suggested movingin on the soldiers to stop their firing. More shots followed. Struck by two bullets, a sailornamed James Caldwell died instantly. Patrick 1Carr and Samuel Maverick were seriouslywounded. In all, five colonists were killed that night, and another six were wounded.

Governor Hutchinson Promises Justice

The muskets were reloaded and in firing position as the stunned colonists returned torecover their dead and wounded. Preston ordered his men not to fire, and further troublewas avoided that night. Later in the evening, a huge crowd listened as Governor Hutchinson,addressing them from the Town House balcony facing King Street, advised them to go homepeacefully for "the law shall have its course; I will live and die by the law." As the governorreturned to the council chamber, someone else took over the balcony and told the crowd toremain until the soldiers returned to their barracks. The men dispersed after the troops werefinally marched back to their quarters, and it was widely assumed that the soldiers responsi-ble would be brought to justice.2

Activity: Staging a Mock Trial of British Soldiers Accused of Murder

The following format (see next two pages) will help you stage a realistic mock trial ofprivate Kilroy and the British soldiers accused of murdering five Bostonians. The trial of Pri-

1 gladstone.uoregon.edu/ ~smersche/boston.jpg

2 Account is based on Hiller D. Zobel, The Boston Massacre, New York, New York: W.W.Norton & Company, 1970, pp. 182-204.

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vate Kilroy et al is known as Rex vs. Weems. Weems was head of the corporal's guard. SinceKilroy fired the first shot, the trial should focus on his guilt or innocence—whether he andthe others provoked the colonists or were provoked by them, and whether he and the oth-ers were in danger for their lives when they fired. The defense will plead involuntary man-slaughter; the prosecution will seek a verdict of voluntary manslaughter.

Prosecution

Charge: Voluntary manslaughter

LawyersSamuel Quincy & Robert Paine

Witnesses1. Nicholas Ferriter: involved in Ropewalkincident2. Edward Garrick: struck by Hugh White3. Edward Langford:witnessed Sam Gray'sdeath4. Richard Palmes: present at Massacre(struck both Montgomery and Preston)5. Paul Revere: witnessed massacre and madean engraving

StrategyAt the November 177O trial, the prosecutionwas permitted to bring in evidence of eventspreceding the massacre. The most effectivestrategy for the prosecution would be toprove that the soldiers acted in an offensiveand provoking manner that caused thecrowd's reaction. (The Ropewalk and Garrickincidents are examples of this.)

The prosecution must also show that theBritish soldiers' lives were not in danger atthe moment that Kilroy fired and killed Gray.

Summary:1. Soldiers provoked the crowd2. Soldiers were in no danger when they fired

Defense

Charge: Involuntary manslaughter

LawyersJohn Adams & Josiah Quincy

Witnesses1. Patrick Walker: involved in Ropewalk in-cident2. Hugh White: struck the boy Edward Gar-rick3. Hugh Montgomery: hit by a club on KingStreet4. Matthew Kilroy: fired fatal shot, killingGray5. Hammond Green: witnessed every thingfrom 2nd floor window in Customs House.

StrategyAt the November l770 trial, the defense waspermitted to bring in evidence of events pre-ceding the massacre. The most effective strat-egy for the defense would be to prove thatthe colonists had constantly provoked thesoldiers and caused their reaction. (TheRopewalk and Garrick incidents are exam-ples of this.)

Defense must also prove that soldiers' liveswere in danger at the moment that Kilroyfired and killed Gray.

Summary:1. Crowd provoked the soldiers2. Soldiers lives were in danger when theyfired.

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Lawyers

Before Trial1. Divide case into two parts:

a. the relationship between soldiers and colonists before the Massacre;b. what happened after Garrick was struck.

2. Be thoroughly familiar with facts of the case.3. Have questions prepared for each witness in advance of the case, particularly for purposes of cross-examination.4. Prepare an opening statement of not more than 250 words.

During Trial1. Ask witness to identify himself and relate the events that he observed.2. Ask witnesses questions to emphasize points you wish the jury to remember.3. Since each witness may speak for but two and one-half minutes and be cross-examined for 2 minutes,be sure you are well prepared to use your time effectively.4. Decide during trial which one witness you will not call to testify.

After trial1. Write a statement pointing out what you have proved during the trial by summarizing the testimony ofeach witness. You may also use humor, play on emotions and generally indulge in tricks of oratory.

Witnesses1. Write out your testimony on paper to be read at trial—but you must be thoroughly familiar with yourcase or suffer embarrassment during cross-examination.2. Your testimony must be accurate, but may be slanted to favor your side.

Jurors1. Read assignment before trial and write down what you think actually happened. Unless you have thisframe of reference you will not be able to follow testimony of witnesses.2. Take notes on statement of each witness. After witness is finished testifying, briefly jot down your im-pressions.3. Review all notes the evening after the trial and write your verdict on the basis of which side most ef-fectively communicated its case.4. Render a verdict of voluntary manslaughter only if you believe the accused were guilty of a deliberateaction, or involuntary manslaughter if you believe that the accused fired in self-defense.5. Written 250 word verdict should cite all reasons and facts on which it was based.

Judges1. Your teacher will usually be the best judge if this is one of the first trials you have conducted in theclassroom. Later, one of you may wish to try taking on that role.2. Generally over-rule objections unless you see blatant violations of standard courtroom practices.3. Assign timekeeper. The trial should be completed within two class periods (80-100 minutes) so you willwant to see that each of the 8 witnesses are allowed to consume no more than 8 minutes.4. Allow lawyers' summary statements the day after the trial. Ask each juror to give his/her verdict alongwith the reasons, and allow questions that cause each juror to defend his or her position.5. Allow any juror to change his/her mind even after having delivered their verdict.

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The Issue Today: Kent State and Recurring History

The Boston Massacre involved a demonstration by colonists protesting the be-havior of unruly British soldiers and the soldiers’ response to their conduct caused thedeath of five colonists. The confrontation at Kent State some 200 years later resultedin the loss of four lives and the wounding of ten students. It raises similar questions tothose raised by the Massacre — what rights do demonstrators have when confrontingauthority, and what responsibilities do those in authority have to refrain from respond-ing with deadly force.

The Background

The Kent State incident started as a protest against American foreign policy made inWashington. Soldiers from the United States had been fighting and dying in Vietnam forover six years. Although most Americans once supported the war, a growing number wantedit ended immediately. In 1968, anti-war protesters attempted to influence the DemocraticConvention in Chicago. They were not successful. The convention chose Hubert Humphrey,who supported the war, but he was defeated in the election that fall by Richard Nixon.

Nixon ran on a platform of winding down the war and negotiating an honorablepeace. But, two years after he took office the war still raged in Vietnam. In the Spring of1970, the President ordered American troops to attack enemy positions across the Vietnamborder in Cambodia. This seemed to be expanding rather than ending the war. The protestson the college campuses throughout the country were strong, angry, and violent.

Opposition at Kent State

On Friday evening, May 1, 1970, students stormed out of the bars on Water Streetin Kent, Ohio. They were protesting the invasion of Cambodia. They set a bonfire in thestreet, and smashed windows in banks and expensive stores. Kent’s mayor ordered local po-lice to put down the riots with tear gas. The following day, May 2, all bars and theatres intown were closed by order of the mayor, and students were told to stay on campus. Satur-day night, an angry mob of students threw stones and flares at the campus Army ReserveOfficers Training Corps (ROTC) building until it burst into flames. When firemen arrived stu-dent demonstrators cut their hoses which made it impossible for firemen to put out the fire.Six hundred National Guardsmen finally broke up the mob, but the ROTC building was left asmoldering ruin.

The following day, May 3rd, Ohio Governor James Rhodes flew into town where hecalled the demonstrators the “worst type that we have in America.” The Governor then pro-hibited all campus rallies until order was restored and threatened to keep the National Guardon duty for a year if necessary.

May 4th

The ban on campus rallies was still in effect the next day, but many students haddecided to break it. A protest rally was called for noon. The signal was the ringing of the bellusually used to celebrate football victories. As demonstrators gathered for the assembly,

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students on their way to classes joined them. Many did not know that the rally violated theGovernor’s orders.

Armed with rifles, submachine guns and pistols, National Guardsmen began to pushthe students back. The guardsmen were outnumbered 20 to 1. They moved from theburned-out ROTC building and blared warnings through bullhorns for the mob to scatter. It isunlikely that they were heard over the curses shouted at them. Soon the guardsmen beganfiring cans of tear gas at the crowd, some two hundred yards ahead of them. As the soldiersadvanced, they were met with rocks, bricks, bottles, and concrete. While continuing theiradvance, they herded demonstrators in front of them. The more daring among the crowdpicked up the tear gas cans and threw them at the soldiers. Guardsmen claimed they werehit frequently and feared for their lives. Witnesses say that the missiles fell short of theirmark. Only two soldiers were hurt: one had a badly burned arm, the other collapsed fromheat exhaustion.

Charles Company advanced to the left of the Victory Bell. They pushed the mobback to the parking lot by Taylor Hall (see diagram). About 74 men from G troop and ACompany marched straight up Blanket Hill, herding demonstrators away from the footballfield. They stopped by a chain fence along the field, but continued to take abuse from thedemonstrators. The guardsmen were then ordered back to Taylor Hall.

As the guardsmen retreated, they formed a long “V” wedge with their officers in thecenter. As they were marching back, a small knot of soldiers on the right suddenly stopped,turned around to where the students were gathered in the parking lot, and pointed theirweapons at them. A single shot rang out; then a two-second pause. The pause was followedby a volley of over 50 shots, another pause, and two more shots. The entire volley lasted13 seconds; 28 soldiers fired their guns. *

The Dead

Few students believed that theguardsmen carried loaded weapons. “They’refiring blanks,” one student said to another.But bullets whined and rebounded over thecampus, and shrieks of the wounded and dy-ing filled the air. It was clear that the gunswere loaded with live ammunition.

“My God! My God! They’re killing us,”thought Ron Steels, a freshman from 3Buffalo.He was right. Four students were killed andten others injured; one paralyzed for life. Thedead were:

*Allison Krause, 19, who had been standing with her boyfriend some 343 feet fromthe guardsmen.

3 wikimedia.org/ wikipedia/en/thumb/2/2a/..

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*William Shroeder, 19, an ROTC member and a psychology major who hadbeen standing 382 feet away. He had been watching because he was “curious.”

*Sandy Sheur, a beautiful and friendly girl of 20, who had been looking for alost dog, 390 feet away from the guardsmen.

*Jeffrey Glenn Miller, 265 feet away, who had promised his mother the nightbefore that he would stay away from any trouble. 4

The guardsmen turned and marched away. The closest of their fourteen victims laybleeding, 71 feet from the spot where the firings originated.•

Conflicting Views of the Killings

Commander of the guardsmen, Brigadier General Canterbury, defended the actions ofhis men:

A crowd of about 600 students had surrounded a unit of about 100guardsmen on three sides and were throwing rocks at the troops.Some of the rocks were the size of baseballs. The troops ran out oftear gas.

I think the reason the people fired is because they were being assaultedwith rocks and concrete. When you get to the ultimate, you cannot denya man the right to use a weapon if he feels his life was threatened.5

A Kent housewife wrote the following in a letter printed in a local paper:

I stand behind the actions of the National Guard. Authority, law and order are thebackbone of our society for its protection. And if dissenters refuse to obey the fi-nal warning before the punishment…then let the first slap be a mighty sting. Hoo-ray! I shout for God and country, recourse to justice under the law…fife, drums,parades, ice cream cones – America, support it or leave it.6

The wife of one of the guardsmen who fired at the students told a reporter:

They didn’t go to Kent State to kill anyone. I know he’d rather have stayedhome and mowed the lawn. He told me so. He told me they didn’t fire thoseshots to scare the students off. He told me they fired some shots because they

*No good explanation has been given why the soldiers chose this moment to fire. Someclaim the soldiers were in great danger. Others say that they were ordered. Some claim thatthe soldiers had planned the volley and others that the first shot triggered the volley.4 New York Times, May 5, p. 17; May 6, p. 19. Edited

5 James A Michner, Kent State: What Happened and Why! New York, New York: RandomHouse, 1971) p. 25.6 Newsweek, May 18, 1970

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knew the students were coming after them, coming for their guns. He was afraid.

The father of one of the victims, Allison Krause, spoke out shortly after the deathof his daughter:

She resented being called a bum because she disagreed with someone else’sopinion. She felt that our crossing into Cambodia was wrong. Is this dissent such acrime? Is this a reason for killing her? Have we come to such a statein this country that a young girl has to be shot because she disagrees deeplywith the actions of her government?7

Aftermath

After the shootings, classes were cancelled for the remainder of the year. A stategrand jury in Ohio failed to find sufficient evidence to indict the Ohio guardsmen.

President Nixon promised an immediate Federal investigation of the tragedy, but itwasn’t until four years later that the guardsmen were served with Federal indictments. Thegovernment was unable to prove its charge that the guardsmen had conspired to deny thevictims their civil rights. Judge Frank Battista dismissed the charges, saying that Federalprosecutors had not proved the intentions of the defendants. He added that the defendantsmay or may not have been justified in firing their weapons, but there was no evidence of aconspiracy. He said a number of things might have led to the shootings—fear, a desire tohalt the rock throwing, general confusion, or orders from superior officers.

Your verdict: Were there More Similarities Than Differences

Make two columns on a piece of paper. On one column write similarities between theBoston Massacre and Kent State, and on the other write the differences. Then write a briefparagraph arguing that there were either more similarities than differences or that therewere more differences than similarities between these two events. Come to school preparedto share your views with other students in your class.

7 Michner, op cit., p. 433