CHAP. XLV.} 1770. Oct.
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2 Hutchinson to Sir Francis Bernard, 6 Dec. 1770, and more fully, 10 Dec. 1770. “If there had been evidence of all having fired, they would have convicted all of manslaughter; but it was agreed on all hands, that no more than seven guns were fired, consequently one was innocent. Two, as several witnesses swore, fired and killed three men. Of the other six, there was no certainty which fired. If they had all been convicted, the jury would certainly have found one guilty who was innocent, and they chose five guilty should escape rather than one innocent be convicted. These are pretty good distinctions for an American jury.”
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