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[374] had taken part in the defence, afterwards denied the
CHAP. XLV.} 1770. Oct.
propriety of the verdict. ‘The firmness of the judges’ in delivering opinions on ‘principles of Government,’ was vaunted to obtain for them all much larger salaries, to be paid directly by the Crown. The Chief Justice, who was a manufacturer, wanted, moreover, money in the shape of pay for some refuse cannon balls which the Province had refused to buy.1

The trial of the soldiers, which followed a few weeks after, resulted in a verdict of manslaughter against each one of them who could be proved to have fired.2

The self-possession which had marked the conduct of the Town in regard to the trial of Preston, appeared in the measures of the Assembly for the redress of their grievances. In selecting an agent to bring them before the King, Samuel Adams and about one third of the House,3 following the advice of Joseph Reed of Philadelphia, gave their suffrages for Arthur Lee; but by the better influence of Bowdoin and of the Minister Cooper,4 Benjamin Franklin was elected with Arthur Lee as his substitute. Franklin held under the Crown the office of Deputy

1 Hutchinson to General Gage, Boston, 31 March, 1771.

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.”

3 Samuel Adams to S. Sayre, 16 November, 1770. Hutchinson to Gov. Pownall, 11 Nov. 1770.

4 Samuel Cooper to B. Franklin, 6 November, 1770; in Franklin, VII. 489. Hutchinson to Gov. Pownall, 11 Nov. 1770.

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