Patrick Carr
Encyclopedia
Patrick Francis Carr was an early Irish
immigrant to the United States
as well as the fifth and final victim of the Boston Massacre
. He was buried on March 17, 1770, two weeks after the aforementioned event occurred, in the Granary Burying Ground
, one of Boston
's oldest burial grounds. Carr's role in the Boston Massacre is relatively minor. He was not involved in the events which precipitated the British soldiers' firing on the crowd. However, his deathbed account of the event is regarded as the most important piece of evidence exonerating the eight defendants of murder charges.
Carr testified that the soldiers were provoked by the crowd and that the soldiers were much more restrained against the colonists compared to their usual tactics against the people of his native country of Ireland
. He claimed that the Boston mob began to throw dangerous projectiles, and that the soldiers fired their musket
s in self-defense. The testimony of Samuel Hemmingway is reprinted below:
When Justices Edmund Trowbridge and Peter Oliver
instructed the jury, Oliver specifically addressed Carr's testimony, stating: "this Carr was not upon oath, it is true, but you will determine whether a man just stepping into eternity is not to be believed, especially in favor of a set of men by whom he had lost his life." Carr's testimony is one of the earliest recorded uses of the dying declaration
exception to the inadmissibility of hearsay
evidence in United States legal code.
Carr's deathbed testimony was used by defense attorney, and future US President, John Adams
to exonerate six of the eight defendants on all charges. The other two defendants had their conviction charges reduced from murder
to manslaughter
. Adams was further able to circumvent mandated capital punishment
for manslaughter through benefit of clergy
laws. The two soldiers were subsequently branded on their right thumbs.
When Carr's evidence was determined admissible by the court, Samuel Adams
was purported to be outraged. Adams proclaimed that Carr's testimony could not be trusted, since Carr had been Roman Catholic.
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...
immigrant to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
as well as the fifth and final victim of the Boston Massacre
Boston Massacre
The Boston Massacre, called the Boston Riot by the British, was an incident on March 5, 1770, in which British Army soldiers killed five civilian men. British troops had been stationed in Boston, capital of the Province of Massachusetts Bay, since 1768 in order to protect and support...
. He was buried on March 17, 1770, two weeks after the aforementioned event occurred, in the Granary Burying Ground
Granary Burying Ground
Founded in 1660, the Granary Burying Ground in Massachusetts is the city of Boston's third-oldest cemetery. Located on Tremont Street, it is the final resting place for many notable Revolutionary War-era patriots, including three signers of the Declaration of Independence, Paul Revere and the five...
, one of Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
's oldest burial grounds. Carr's role in the Boston Massacre is relatively minor. He was not involved in the events which precipitated the British soldiers' firing on the crowd. However, his deathbed account of the event is regarded as the most important piece of evidence exonerating the eight defendants of murder charges.
Carr testified that the soldiers were provoked by the crowd and that the soldiers were much more restrained against the colonists compared to their usual tactics against the people of his native country of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
. He claimed that the Boston mob began to throw dangerous projectiles, and that the soldiers fired their musket
Musket
A musket is a muzzle-loaded, smooth bore long gun, fired from the shoulder. Muskets were designed for use by infantry. A soldier armed with a musket had the designation musketman or musketeer....
s in self-defense. The testimony of Samuel Hemmingway is reprinted below:
- Q: Were you Patrick Carr's surgeon?
- Samuel Hemmingway: I was...
- Q: Was he [Carr] apprehensive of his danger?
- SH: He told me… he was a native of Ireland, that he had frequently seen mobs, and soldiers called upon to quell them… he had seen soldiers often fire on the people in Ireland, but had never seen them bear half so much before they fired in his life...
- Q: When had you the last conversation with him?
- SH: About four o'clock in the afternoon, preceding the night on which he died, and he then particularly said, he forgave the man whoever he was that shot him, he was satisfied he had no malice, but fired to defend himself.
When Justices Edmund Trowbridge and Peter Oliver
Peter Oliver (loyalist)
Peter Oliver was Chief Justice of the Superior Court of the Colony of Massachusetts from 1772–1775. He was a loyalist during the American Revolution and its lead-up, and left Massachusetts in 1776, settling in England....
instructed the jury, Oliver specifically addressed Carr's testimony, stating: "this Carr was not upon oath, it is true, but you will determine whether a man just stepping into eternity is not to be believed, especially in favor of a set of men by whom he had lost his life." Carr's testimony is one of the earliest recorded uses of the dying declaration
Dying declaration
In the law of evidence, the dying declaration is testimony that would normally barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person.-History:...
exception to the inadmissibility of hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
evidence in United States legal code.
Carr's deathbed testimony was used by defense attorney, and future US President, John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
to exonerate six of the eight defendants on all charges. The other two defendants had their conviction charges reduced from murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
to manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. Adams was further able to circumvent mandated capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for manslaughter through benefit of clergy
Benefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
laws. The two soldiers were subsequently branded on their right thumbs.
When Carr's evidence was determined admissible by the court, Samuel Adams
Samuel Adams
Samuel Adams was an American statesman, political philosopher, and one of the Founding Fathers of the United States. As a politician in colonial Massachusetts, Adams was a leader of the movement that became the American Revolution, and was one of the architects of the principles of American...
was purported to be outraged. Adams proclaimed that Carr's testimony could not be trusted, since Carr had been Roman Catholic.