The Trial of Ebenezer Richardson

On 20 Apr 1770, 250 years ago today, Ebenezer Richardson went on trial for the killing of young Christopher Seider.

This was just short of two months after the fatal confrontation at Richardson’s house in the North End, but for the Boston Whigs that was too long.

They suspected that the judges and attorneys who leaned toward the Crown had delayed the trial to cool the passions aroused by the violent death of a child. The Crown was definitely trying to delay the Boston Massacre trials.

At various times the provincial Attorney General, the appointed defense attorney, and some judges didn’t show up for procedures in Rex v. Richardson and Wilmot. But at last on 20 April everyone was present.

Justice Benjamin Lynde presided, with Edmund Trowbridge, Peter Oliver, and William Cushing on the bench with him. The prosecutors were Massachusetts solicitor general Samuel Quincy and Robert Treat Paine, hired by the town of Boston. The newly appointed defense attorney was Josiah Quincy, Jr.

The two sides agreed on the basic facts of the case. After Richardson had tried to break up a boys’ protest outside of importer Theophilus Lillie’s shop, the boys attacked his house. The violence and damage escalated. Eventually Richardson fired a musket full of birdshot out of his window. Christopher Seider fell, mortally wounded.

The question was whether Richardson was rightfully defending his home and family from attack. Did the boys’ actions justify a lethal response? Was Christopher participating in illegal activity? Did Richardson aim at the child? Possible verdicts included guilty of murder, guilty of manslaughter, and not guilty entirely.

(Of course there was also the sailor George Wilmot, who had gone into Richardson’s house to help but hadn’t fired a gun.)

Samuel Quincy opened by questioning the prosecution witnesses, as his partner’s notes show. They played down the danger from the riotous boys and talked about Richardson’s anger. Among those witnesses were the Whig activists Edward Procter, David Bradlee, and Dr. Thomas Young.

Josiah Quincy’s notes preserve his strategy to win over the jurors:

1st. To open the Defence with a proper Address to the Jury to remove all popular Prejudices and Passions and engage them to make a fair, candid and impartial Enquiry and to give their Verdict agreeable to Law and the Evidence, uninfluenc’d by any other Motive; to mention the manner of my becoming engaged as Council for the Prisoners, explain my Duty and the Part I ought and am determin’d to act.

2d. The Witnesses for the Crown having been carefully and thoroughly cross-examined, to produce those for the Prisoners, and endeavour to find out what the Nature and Degree of Provocation offered; how far the Attack upon the house was carried; Whether and to what Degree the Windows were demolished before the firing, and whether the Door was broke open, and any Attempt made upon it; whether any actual Attempt was made to enter; or any Evidence of such Design from threatning Words; Whether Men as well as Boys were not concerned in that Attack; What Weapons were used or thrown into the house; and whether any One within was wounded; and upon the whole whether this is not to be consider’d as an Attack upon the Persons of the Prisoners.

3d. To sum up the Evidence and state the Facts as they shall appear upon Evidence.

4thly. To explain the Nature of the Crime of Murder and the different Kinds of Homicide, as justifiable, excusable (as se defendendo) and felonious: and to shew the Distinction between felonious Homicide of Malice prepense, which is properly Murder, and without such Malice, which is Manslaughter.

The defense witnesses included Richardson’s daughters Sarah and Kezia, possibly Harvard student William Eustis, schoolmaster Elias Dupee, and one of the Dr. Perkins. The witness testimony and then the legal arguments of Paine and Josiah Quincy lasted well past dark.

An unofficial factor in the courtroom were the many people who had come to see the trial. So many, in fact, that there were complaints of pickpocketing afterward. Judge Oliver called this audience “a vast Concourse of Rabble.”

Today we expect a judge to sum up legal issues and options for the jury but to leave the decisions to them. At this time, however, the multiple judges also advised on guilt and innocence. A report sent to Gov. Francis Bernard said that all those gentlemen felt the facts favored Richardson’s case:

They said it appeared by the Evidence that the prisoner was attacked in his own house by a number of tumultuous people. That what he had done was in his own defence. That self-defence was a right inherent in every man. . . . they were convinced the jury could find him guilty of nothing more than manslaughter.

According to acting governor Thomas Hutchinson, his friend and relation on the bench went even further:

Mr. Just. Oliver doubted whether it could amount to that and with great spirit charged the death of the Boy upon the Promoters of the Effigies and the Exhibitions which had drawn the people together and caused unlawful and tumultuous assemblies and he did not excuse such as had neglected suppressing these Assemblies as the Civil Magistrate had done.

At that, Oliver heard someone in the audience shout, “Damn that Judge, if I was nigh him, I would give it to him!” Other Crown informants said they heard people call, “Remember, jury, you are upon Oath”; “Blood requires blood!” and “Damn him, hang him! Murder, no manslaughter!”

At 11:00 P.M. the jurors went into a private room to deliberate. The defendants were supposed to be taken back to the jail, but the judges had heard that some spectators had brought “an Halter, ready at the Door of the Court Room,” to hang Richardson. (People had nearly lynched him on the day of the shooting.) Sheriff Stephen Greenleaf locked the defendants inside the courthouse instead.

The judges also waited in the building for most of the crowd to disperse. They finally ventured out at midnight. Even so, one Crown informant said, “The judges were hissed and abused in a most shameful manner in passing from the bench to their carriages.”

Meanwhile, the jury was still deliberating.

TOMORROW: The verdicts.