fatal to the life of the prisoner, or to the justice of the cause, or perhaps both. It was for this reason, that I was concern'd, when the council for the crown objected the notoriety of the immoral character of a witness, that he was stopped by one of the council on the other side. In a court of justice, it is beneath any character to aim at victory and triumph: Truth, and truth alone is to be sought after. While the soldiers were passing from the main guard to the custom- house, it did not appear by any of the witnesses, that they were molested by the people; if we except what was mention'd, as having been said by Mr. Car, one of the deceased persons: His doctor testified, that he told him, the "people pelted them as they went along". - The declaration of a dying man commonly carries much weight, and oftentimes, possibly more than it ought: This man's declaration was not made upon oath, nor in the presence of a magistrate: The doctor had a curiosity, as most had, to know how matters were, and enquired of his patient who he thought could inform him; it may be, not expecting to be called to relate it before a court, nine months afterwards, when he might have nothing but memory to recur to: No one disputes the doctor's understanding or integrity: I have before said, that others were ready to testify, that Car gave them a very different account from that which he gave to his doctor: It ought to be remembered, that the unhappy man was laboring under the pains and anxiety occasioned by a mortal wound; and might not be able at all times to attend duly to such questions as were asked him: What makes it highly probable that he must have been mistaken, is, that among the many witnesses, not one on either side, mention'd their seeing the least ill usage offer'd to the soldiers as they pass'd from the main guard; not even Mr. Gridley, whose declared intention was, at the request of some gentlemen, with whom he had been in company, to