according to the evidence, some imprudent people, before the sentry,
proposed to take him off his post; others threatened his life; and
intelligence of this was carried to the main guard before any of the
prisoners turned out. They were then ordered out to relieve the
sentry; and any of our fellow-citizens might lawfully have gone upon
the same errand. They were, therefore, a lawful assembly.

I have but one point of law more to consider, and that is this: In
the case before you I do not pretend to prove that every one of the
unhappy persons slain was concerned in the riot. The authorities
read to you just now say it would be endless to prove whether every
person that was present and in a riot was concerned in planning the
first enterprise or not. Nay, I believe it but justice to say some
were perfectly innocent of the occasion. I have reason to suppose
that one of them was--Mr. Maverick. He was a very worthy young
man, as he has been represented to me, and had no concern in the
rioters' proceedings of that night; and I believe the same may be
said in favor of one more at least, Mr. Caldwell, who was slain;
and, therefore, many people may think that as he and perhaps another
was innocent, therefore innocent blood having been shed, that must
be expiated by the death of somebody or other. I take notice of
this, because one gentleman was nominated by the sheriff for a
juryman upon this trial, because he had said he believed Captain
Preston was innocent, but innocent blood had been shed, and
therefore somebody ought to be hanged for it, which he thought was
indirectly giving his opinion in this cause. I am afraid many other
persons have formed such an opinion. I do not take it to be a rule,
that where innocent blood is shed the person must die. In the
instance of the Frenchmen on the Plains of Abraham, they were
innocent, fighting for their king and country; their blood is as