448 Slide – American State Trials 1918 Volume X Leo Frank Document

416 X. AMERICAN STATE TRIALS.

in a red cloak and white wig,”’ and immediately rushed to
King street, now State street. Meanwhile, the sentry before the
custom house, in that street, was attacked while on duty, He
loaded his gun, and retreated up the steps; but the people
pressed upon him with bitter imprecations, and he called on
the main guard, within hearing, for protection. Captain
Preston, the officer of the day, sent a corporal and six men
two protect the sentinel, and followed them himself. The mob
had now received a great accession of numbers, and the sol-
diera on their way were hooted at, and pelted with snow
dalla, ice and sticks. They were then ordered to load. After
they had taken their station before the sentinel at the cus-
tom house, and were pushing off the people, one of them
received a blow with a elub, which brought him to the
ground. Rising immediately he fired, and the reat, with one
or two exceptions, followed his example. Three men were
instantly killed, five dangerously wounded and several slight-
ly. The citizens fled and the soldiers withdrew. Captain
Preston surrendered that night and the soldiers were eom-
mitted to jail the next day.

Eight of the soldiers, Captain Preston and some others,
were indieted for murder, and on November 27, the trial of
the soldiers began. A large number of witnesses were called
to prove the allegations in the indictment. They fully identi-
fied the priaoners as the soldiers who fired on the people;
put the proof was not very precise as to the actual effect of
each soldier’s firing, with the exception of Killroy and Mont-
gomery. In regard to the former, a witness testified that he
saw him among the soldiers, Samuel Gray was standing
near the witness, and after one gun had been fired, the wit-
neas cried out to Killroy not to fire, but he immediately fired
and Gray, who was taking no part in the disturbance, fell
dead. Another witness swore that Killroy had previously
said to him that he would never miss an opportunity to fre
on the people; he had wanted the chance ever since he landed"
And he was one of the soldiers who had been in a fight with

© Samuel Hemmingway, post, p. 426.