We the jury find the defendant, Not Guilty!
Today is the last day of the trial. We have heard all of the witnesses and now we know that we must deliberate. I know that some of the “witnesses” are liars. Some make valid points and I know without a doubt in my mind that Captain Preston is an innocent man and that his men were provoked. As I listened to the witnesses, here is what I came to believe:
The witnesses for the prosecution have very different stories as do some of the witnesses for the defense. Ebenezer Hinkley testified to the fact that the crowd became rowdy and accosted to guards with sticks and other flying objects. He claims he saw Montgomery gets hit before he fired the first shot and said he was approximately 16 feet away
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After the first shot was fired, he heard someone say fire but could not distinguish who. I think that Jane Whitehouse is lieing for the prosecution. She seems to try to implicate a 3rd party that wasn’t the captain nor on of his men.
Preston’s deposition seems to be nothing but the truth if not exagerated to some extent. He states that the crowd became unruly and that he never gave the order to fire. Why would a man give the order to fire when standing between his men and the crowd as he stated and several witnesses concurred? After the danger to their well-being became to much and they were stuck, the men took it upon themselves to fire back and it seems that the order to fire came from someone in the crowd.
Taking the eyewitness tetimony into consideration, I decided to address some issues that I had. Many of the witnesses seemed to be to far away to really distinguish what was going on with it being so dark. I am still unsure why the firebell was ringing when there was no fire. This is just a personal opinion, but I think someone wanted this crowd to assemble for a reason. Listening to the testimony, I believe that the crowd did become aggressive and fairly large in size. I feel that the crowd came to close to the men and began to throw objects at them. When one flying object struck a soldier, Montgomery, he fired back. There may have come an order to fire after the second shot but I am
The three day battle was action packed from start to finish. It all started at about 5:30 am, with a single shot fired over Marsh Creek. After a single shot, all hell broke loose. The Union suffered important losses, most notably the loss of General Reynolds. General Lee arrived on the battlefield near noon, after receiving word of the battle. A single Confederate division drove back two Union brigades, who retreated to Cemetery Hill. General Lee decided to attack the Union soldiers at Cemetery Hill to prohibit reinforcements. General Ewell declined the option to attack, and the first day of battle came to an end. Meanwhile, the Union gathered reinforcements as General Lee feared.
The British soldiers were anything but loved by the American colonists in the 1770s. They maliciously planned an attack on the soldiers because of their hate. Many townspeople gathered together in effort to strike against the British presence. The men were just doing their job trying to keep order in Boston, but the people still taunted them. The soldiers were being tried for murder because they fired at the people, but those charges should not have existed. The crowd initially attacked the soldiers, not the other way around. It was also dark out so the soldiers did not know of the number of colonist attackers. The soldiers heard the word fire coming from the crowd, confusing the voices with Captain Preston’s. The incident referred to as the
"I heard the word fire and took it and am certain that it came from behind the Soldiers. I saw a man passing busily behind who I took to be an Officer. The firing was a little time after. I saw some persons fall. Before the firing I saw a stick thrown at the Soldiers. The word fire I took to be a word of Command. I had in my hand a highland broad Sword which I brought from home. Upon my coming out I was told it was a wrangle between the Soldiers and people, upon that I went back and got my Sword,” said Benjamin Burdick. This account shows the confusion that was ever-present during the Boston massacre. It also shows that the colonists and the soldiers may have been equally violent during the Boston Massacre.
The third and most obvious reason the British are to blame for the massacre is that the British soldiers fired into the crowd. When Hugh Montgomery was knocked down by a chunk of ice, he stood up and fired into the crowd (Aron 24). The other soldiers soon fired as well. The gunfire killed five people. Crispus Attucks, Samuel Gray, and James Caldwell died at the scene. Samuel Maverick died a few hours later, while Patrick Carr survived for nine days before dying of his wounds (Olson). Samuel Gray was killed by a single ball entering his head, Crispus Attucks was killed by two balls entering his chest, and James Caldwell was killed by two balls entering his back (“Boston”). Benjamin Frizell, who was standing near the west corner of the Custom House before and at the time of the gun discharges, declared that the first discharge was of only one gun, the second discharge was of two guns, the third discharge was of three guns, immediately followed by the fourth and final discharge of five guns (“Boston”). He also declared that of the final discharge, two were from soldiers on the ground on Preston’s right side, but three discharges came from the balcony, or the chamber window, as the flashes appeared on the left side of Preston, and higher than the flashes of the other two discharges. This information shows that at least three soldiers were on the balcony and carefully took aim and
To begin, while the colonists were attacking the soldiers, there was a profuse amount miscommunication. According to Benjamin Burdick, he heard the captain order to the soldiers “not to fire”. However, the crowd was harassing the soldiers, screaming “fire if you dare”. During all the chaos, it was hard for the soldiers to depict who was saying what. Most likely a
Once the Redcoats were set up to the best of their ability, the militiamen continued to move forward. As the militiamen closed in the British fired the first volley, Private Abner Hosmer and Captain Isaac Davis were at the head of the march and were killed instantly. That volley was the start of the Revolutionary War and is now known as the “Shot Heard around the World”. The militiamen
The main argument the defense is planning to use is that the Marines standing trial were executing an order in which they didn't think would result in harm. In his opening statement to the jury of nine, Capt. Ross drives the facts of the case into the jury. This would seem normal because for the prosecution, this case is based heavily on facts. The facts are that one Marine is dead, and two other are standing trial for his death. The defense's rebuttal points out that the actions carried out by the Marines were orders by their commanding officer.
Two hours later, General Meade ordered the First 11th Corps to Gettysburg with Major Reynolds to lead them on their way. Major Reynolds summoned Major General Abner Doubleday, who was acting commander of the First Corps at this time, to headquarters. Between the hours of seven and eight AM, they went over to inspect dispatches from General Meade and Buford. Major Reynolds also sent Captain Joseph Rosengarten, to tell the townspeople that there was to be a battle here soon, but instead of listening, they threw mud in his face. He briefly told Major Reynolds what had happened and he replied jokingly, “You must be mistaken; they have been throwing mud in your eyes.” (Pfanz,73)
When the 54th is marching south, they run into a regiment of white soldiers, and a quarrel breaks out between Private Trip and some of the white men. Rawlins steps in to stop the fight and one of the white men is about to be disciplined, but Rawlins says that there is no need. This scene is displays the harsh criticism the 5th received, even from their own side, but it also gives a halo effect to Rawlins, who could have easily said nothing, and watched the soldier get punished. Later on down the road the 54th meets up with Colonel James Montgomery, the colonel of another all black regiment. In the movie Montgomery was a racist and didn’t discipline his men at all. While the real Montgomery was noted to have discipline issues, the movie probably took it way out of hand, Montgomery even shoots one of his men for misbehaving. Montgomery later takes the 54th “to see some action”, which actually meant looting and setting fire to a town of innocents. In the movie, Montgomery threatens Shaw to set fire to the town by saying he’ll take command of the 54th if he doesn’t follow orders, so Shaw reluctantly orders the town to be burned. Shaw writes of this event in his letters, stating “the civilian population of women and children were fired upon, forced from their homes, their possessions looted, and the town burned.” Shaw also noted, "On the way up, Montgomery threw several shells
If you don’t know who Captain Preston is, he is the captain of the group of soldiers. Some people say that he was the one that told the soldiers to fire. It even shows him raising his hand to fire in Paul Revere’s engraving. It is not certain that, this is what happened because there is no other proof but the engraving. From what I have heard Captain Preston was telling the soldiers not to fire.
Throughout all the testimonies, there were many similar things said by both the people who supported Captain Preston and also those who opposed him. One of the similar claims stated on both sides was that most of them said that they heard someone yelled out “fire” from behind all the soldiers. Some people said that the person behind the soldiers was an officer. Robert Goddard and William Wyat, both claimed that the officer in the back was Captain Preston. He denies that he called for the soldiers to shoot at the crowd and that it was on their own accord. In addition, there was another claim that three people all remember Preston saying “damn their blood fire” and “let’em take the consequence”.This shows that Preston most likely planned on
Mckim provides the most compelling account of the civil war. “In moving to the attack we were exposed to enfilading fire from the woods on our left flank, besides the
Around noon, Union and Confederate cavalry troops battled three miles east of Gettysburg but Stuart was eventually repulsed by cannon fire led in part by Gen. George Custer and the Union Cavalry. The diversion attempt failed. Back at the main battle site, just after 1 p.m. about 170 Confederate cannons opened fire on the Union position on Cemetery Ridge to pave the way for the Rebel Charge. This was the heaviest artillery barrage of the war. The Federals returned heavy cannon fire and soon the battlefield was covered in smoke and dust. Around 2:30 p.m. the Federals slowed their rate of fire, then stopped firing, to conserve ammunition and to fool the Rebels into thinking the cannons were knocked out-and that's exactly what the Rebels thought too. But as the Rebels got within range, Federal cannons opened fire using grapeshot which is a shell containing iron balls that flew apart when fired, and they also used deadly waves of rifle fire. Soon the Rebel army was torn apart but they still moved forward. Pickett’s charge was almost more after the once majestic army of 13,000 had its numbers of troops dwindle.. The Rebels still move forward, shooting then charging with bayonets. The battle lasted for about an hour mostly of hand-to-hand combat. Finally what was left of Pickett’s charge (5,500) retreated. Lee admitted this was his mistake and the tide of war now turned in the North’s favor. The Union lost (either dead, wounded, or missing) about 23,000, and the Confederates lost about
The firing on that fort will inaugurate a civil war greater than any the world has yet seen…you will lose us every friend at the North. You will wantonly strike a hornet’s nest which extends from mountains to ocean. Legions now quiet will swarm out and string us to death. It is unnecessary. It put us in the wrong. It is fatal. –Robert Toombs. (Boerner paragraph 2).
The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a