Historical Trials Blog

A Case of Piracy Historical Trial Series by Eric Fryar Part 2: Trial of the Pirates Two sailors are charged with piracy and murder in 1812 Boston. The most talked-about trial of its day. A surprise ending. This is an excerpt from a forthcoming book by Eric Fryar Read Part 1: Appointment to Represent Pirates . The Trial The two sailors charged with piracy, Samuel Tully and John Dalton, sat apprehensively in the crowded Boston courtroom on the morning of Tuesday, October 28, 1812. From their places in the prisoners' dock, they could see their two lawyers, James Austin and Peter Thacher, immediately in front of them. Also in front of them was the prosecutor, United States Attorney George Blake. At the front of the courtroom were the two judges, United States Supreme Court Justice Joseph Story and United States District Judge John Davis.  Justice Joseph Story The twelve jurors were seated to their left. The gallery behind them was full to overflowing with curious spectators waiting to

A Case of Piracy Historical Trial Series by Eric Fryar Part 1: Appointment to Represent Pirates Two sailors are charged with piracy and murder in 1812 Boston. The most talked-about trial of its day. A surprise ending. This is an excerpt from a forthcoming book by Eric Fryar Appointment to Defend Pirates  On Friday morning, October 16, 1812, twenty-eight-year-old lawyer James Austin was busy at work in his office at No. 5 Court Street in Boston where he served as the Suffolk County Attorney. He received an urgent message to come to the home of federal judge John Davis. James hurried over to 17 South Street to the Judge’s “chambers.” The United States District Court for the District of Massachusetts had no facilities of its own. The United States District Judge kept his chambers in his home. Waiting for James when he reached Judge Davis’s home was Peter Thacher, another well-known Boston lawyer, eight years older and more experienced in the law than James. Judge Davis got straight to the