The size of the funeral procession was so large that authorities were worried
about further repercussions, and they withdrew soldiers from the Custom House
to Castle Island in Boston Harbor. They had arrested Preston at 3:00 a.m. on
March 5, the morning after the shooting, and the eight soldiers involved turned
themselves in later that morning. On March 27, Preston and four of the men who
were thought to have been involved in the shooting were formally charged with
murder. By this time, the incident had become well known throughout the city
and further afield. Some anonymous pamphlets circulated, and H enry Pelham, a
local artist and the half-brother of John Singleton Copley, the famous local portrait
painter ( who al so painted many of the Bostonian political figures of the period
involved in the subsequent trials), produced a picture of the incident, and Paul
Revere, a Bostonian silversmith an d engraver than produced his famous carton
of the “Boston Massacre” as it had become called. Revere’s drawing became
famous, and Christian Remick, a local painter, hand-colored some pictures, some
of which show Attucks as an African American. They also have Preston standing
behind his soldiers and ordering them to open fire. The bright blue sky was also
an artistic license as it was dusk at the time. Revere also added a sniper sho oting
from out of the Custom House (which was labeled in the engraving as “Butcher’s
Hall”). However, the most inaccurate part of the drawing was that the soldiers fired
at intervals, possibly reloading, and they never fired a volley at the crowd, which
would probably have resulted in much higher casualties.
At the Suffolk County Court, Captain Preston and the soldiers were put on trial.
The government wanted the trial to be fair so that moderates woul d conti nue to
support them, and to show that justice would be upheld. However, there were not
many local attorneys who would represent the soldiers. Eventually John Adams,
a leading patriot, agreed to defend them to ensure fairness, and he was assisted
by Josiah Quincy II and Robert Auchmuty. The prosecution was led by the solici-
tor general for Massachusetts, Samuel Quincy, and Robert Treat Paine, an attorney
hired by the town of Boston. All the jurors were drawn from outside Boston, and
the trial itself was not held until later in the year.
The first trial was that of Thomas Preston, who, some claimed, gave the order to
shoot. While in custody, Preston had written a number of letters, some of which
were published in the local press. Preston’s trial lasted from October 24 to Octo-
ber 30, 1770. Fifteen people testified at the trial, and there were depositions from
another 91 people. Some included information of what they actually saw, or
believed they had seen, with others citing hearsay and other evidence that was
clearly inadmissible. Garrick was the first to give evidence, and Thomas Marshal,
a tailor who served in the militia, was the second to speak for the prosecution. It
was a witness called William Wyat, who claimed that he had actually heard Pres-
ton give the order—but had said that Preston was wearing a neutral-colored
154 Boston Massacre (1770)