4. No one of the soldiers was hurt, nor was there any of the things.
Chap. XLIII.} 1770.
said to have been thrown at them, to be found on the place next morning.
Boston Gazette, 830, 2, 2.
5. Look at the testimony of trustworthy men. Edward Paine
, cited in Boston Gazette, of 7 Jan. 1771, ‘perceived nothing but the talk that he thought would have induced the sentry or any of the soldiers to fire.’
, afterwards General and Secretary at War
, was close by and saw nothing thrown.
His testimony is very strong.
Among others, Langford
the watchman, says, ‘The boys were swearing and using bad words, but they threw nothing.’
Trial, 11. ‘I saw nobody strike a blow, nor offer a blow.’
saw nothing thrown at the soldiers.
Testimony of Richard Palmes
He was standing close by Preston
Question. At the time the soldiers fired, did you see a number of things thrown at them?
Answer. I saw nothing thrown or touch them, except that which struck Montgomery
6. Compare on the other hand the testimony to prove the pelting.
The chief witness was Andrew
, a negro servant, famed for his ‘lively imagination.’
, a friend of the sentry, swore, ‘the boys were throwing pieces of ice at him.’
Q. Did you see the pieces of ice thrown?
A. Yes; they were hard and large enough to hurt any man. Q. Did you see any of the pieces of ice hit him?
A. There was nothing thrown after I went to him; if any thing was thrown, it was before.
This same witness was used to countenance the story, which Hutchinson
gives in his History, III. 272.
Q. Did you see any thing thrown before the firing?
A. Yes; Montgomery
was knocked down with a stick, and his gun flew out of his hand, and when he recovered he discharged his gun.
Against this, weigh the evidence of Bass
, and Palmes.
Q. Was you looking at Montgomery
all the time before he fired?
A. Yes. Q. Are you certain he did not fall before he fired?
A. Yes. Q. Are you sure if he had fallen, you must have seen him?
Yes. Nathaniel Fosdick
being asked when Montgomery
fell, answered, ‘It was after he had fired.’
Q. Are you sure Montgomery
did not fall just before he discharged his gun?
A. Yes. After the trial Palmes
persisted in his statement.
‘I assure the world upon the oath I then took, that Montgomery
did not fall, till he attempted to push his bayonet through my body; which was about the time the last gun went off.’