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WILLIAM WEMMS AND SEVEN OTHERS. 487

reapectable for them, The sun is not abont to stand still or
go out, nor the rivers to dry up, because there was a mob in
Boston on the fifth of Mareh that attacked a party of sol-
diers, Such things are not new in the world, nor in the
British dominions, though they are, comparatively, rarities
and novelties in this town. Carr, a native of Ireland, had
often been concerned in such attacks, and, indeed, from the
natare of things, soldiers quartered in a populous town, will
always occasion two mobs, where they prevent one. They are
wretched conservators of the peace!

But in regard to ali but two of the prisoners there was n0
evidence to convict them even of manslaughter, because there
was no direct proof that any but Killroy and Montgomery
caused the death of any one. There were eight prisoners
charged with the murder of five persons. Now it was fully
proved, that one of the prisoners did not fire, and the gun of
another flashed. Two, at least, of the prisoners were inno-
cent, and one of these was not known, In this uncertainty,
therefore, the jury must acquit all, unless there was positive
proof that some of the rest did fire and did cause the death of
some who were killed. It was said that there was evidence of
this sort against Killroy and Montgomery; and proof was
introduced to show that the former had uttered threata
against the people, and that he had a particular spite against
Gray, whom he was supposed to have killed, the latter hav-
ing been engaged with him in the previous affray at the rope-
walks. But the rule of law was, if there had been malice
between the two, and at a distance of time afterwards they
met, and one of them assaulted the other and was killed in
consequence, the law presumed that the killing was upon the
provocation, and not on account of the antecedent malice,
If, therefore, the assault upon Killroy was so violent as to
endanger his life, he had aa good a right to defend himself,
as if he had never before conceived any malice against Gray.
It was true that Hemmingway, the sheriff’s coachman, had
sworn, that he knew Killroy and that he heard him say, he
would never misa an opportunity of firing upon the inhabi-

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