This issue was, in February of 1761, taken into court in the old
Town House, afterwards the old State House, of Boston. There
were sitting the five Judges of the Superior Court of the
province. Chief Justice Hutchinson, still holding the office of
Lieutenant-Governor, his membership in the Council, and his
position of Judge of Probate, presided at the trial. Perhaps
there was never in America an instance in which a high official
so nearly fulfilled the part of "Pooh Bah."

The trial evoked an attendance of all who could be admitted, and
of many more. The officers of the crown were out in full force,
and resolute patriotism completed the crowd. John Adams was one
of the spectators.

Another element in the dramatic situation was the fact that James
Otis had, in the meantime, received the appointment to the crown
office of Advocate General, to which an ample salary was
attached. In this relation it would be his especial duty to
support the petition of the custom-house officers in upholding
the Writs of Assistance and in constraining the executive
officers of the province to support them in doing so.

This contingency brought out the mettle of the man. When the
revenue officers came to him with the request that he defend
their case, he at once resigned his office, and this being known
the merchants immediately sought his services as counsel to
uphold their protest against the Writs. For his assistant they
selected Mr. Oxenbridge Thatcher.

Otis accepted the invitation without a fee. His action involved