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WILLIAM WEMHUS AND SEVEN OTHERS. 501

deposed respecting the resolution taken to drive the soldiers
out of town, ‘because they had no business here’? You have
also heard what has been testified of the proposals to attack
the main guard—of the assembling of the people, especially
in Dock square, of the huzzaing for the main guard and King
street, and of the attacking the sentry. Now, if this was dono
in pursuance of a resolution taken ‘‘to drive the soldiers out
of the town because they had no business here,’’ I will not
now determine whether it was treason or not; but it certainly
was ariot that savored of rebellion; for the suppression
whereof, private persons might not only arm themselves, but
make use of their arms, if they could not otherwise suppress
it. Much more might the captain of the main guard take a
part of the guard, armed as usual, and go with them to pro-
tect the sentry. From the evidence, it seems the sentry not
only called to the main guard for assistance, but two men went
and told them they must send assistance directly or the sentry
would be murdered. Wherenpon the captain gave orders, that
a party should go to the assistance of the sentry, and they
were drawn out accordingly, led down to the custom-house by
8 corporal, and followed by the captain. Now, as this party
did not assemble or go there of their own accord, but were
sent by their captain to protect the sentry, it must be supposed
that was their design in going, until the contrary appeara.
And although upon the evidence you should not be satisfied
that the sentry was attacked in pursuance of a resolution taken
to drive the soldiers out of town, because they had no business
here, yet considering the notice given to the captain of the
danger the sentry was in, and what the eaptain himself might
then see and observe of the attack upon the sentry, he well
might order ont such a party, and go with them to protect the
sentry; and it seems to be agreed, that if the prisoners were at
the custom-house that night, all of them, except the sentry,
were of that party. But if they were a lawful sasembly when
they got to the custom-house, yet if afterwards they all agreed.
to do an unlawful act to the disturbance of the peace, and in
prosecution of that design Maverick and the rest were killed,

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