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

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Here is the translated text as follows:

416 X. AMERICAN STATE TRIALS.

A man in a red cloak and white wig rushed to King Street, now State Street, after hearing the alarm. 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. He called on the main guard, within hearing, for protection. Captain Preston, the officer of the day, sent a corporal and six men to protect the sentinel and followed them himself. The mob had now received a great accession of numbers, and the soldiers on their way were hooted at and pelted with snowballs, ice, and sticks. They were then ordered to load. After they had taken their station before the sentinel at the custom house and were pushing off the people, one of them received a blow with a club, which brought him to the ground. Rising immediately, he fired, and the rest, with one or two exceptions, followed his example. Three men were instantly killed, five dangerously wounded, and several slightly injured. The citizens fled, and the soldiers withdrew. Captain Preston surrendered that night, and the soldiers were committed to jail the next day.

Eight of the soldiers, Captain Preston, and some others were indicted for murder. 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 identified the prisoners as the soldiers who fired on the people, but the proof was not very precise as to the actual effect of each soldier's firing, with the exception of Killroy and Montgomery. 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 witness 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 fire 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.

[© Samuel Hemmingway, post, p. 426.]