Wilson's Tales of the Borders and of Scotland Volume XVII Part 16

"'Really, sir,' said I, 'I acknowledge that I must pay ye, though everybody said at the time that I was a very simple man for entering into ony such agreement wi' ye; but it is not in my power to pay ye just now. In the course o' a twalmonth I hope to be able to do it.'

"'Mr Middlemiss,' said he, as slowly as if he were spelling my name, 'my money I want, and my money I will have; and have it immediately, too.'

"'Sir,' said I, 'the thing is impossible; I canna gie ye what I haena got.'

"'I dinna care for that,' said he; 'if I dinna get it, I shall _get you_.'

"He had the cruelty to throw me into jail, just as I was beginning to gather my feet. It knocked all my prospects in the head again. I began to say it was o' nae use for me to strive, for the stream o' fate was against me.'

"'Dinna say so, Nicholas,' said Nancy, who came on foot twice every week, a' the way from Langholm, to see me--'dinna say sae. Yer ain simplicity is against ye--naething else.'

"Weel, the debt was paid, and I got my liberty. But, come weel, come woe, I was still simple Nicol Middlemiss. Ne'er hae I been able to get the better o' my easy disposition. It has made me acquainted wi' misery--it has kept me constantly in the company o' poverty; and, when I'm dead, if onybody erect a gravestane for me, they may inscribe owre it--

"THE SIMPLE MAN IS THE BEGGAR'S BROTHER."

TALES OF THE EAST NEUK OF FIFE.

THE ROBBERY AT PITTENWEEM AND THE PORTEOUS MOB.

On the 2nd of March 1736, Andrew Wilson in Pathhead, William Hall in Edinburgh, and George Robertson, stabler at Bristo Port there, were indicted and accused, at the instance of Duncan Forbes of Culloden, then Lord Advocate, before the high court of justiciary at Edinburgh, of the crimes of stouthrief housebreaking and robbery, in so far as James Stark, collector of excise in Kirkcaldy, being upon his circuit in collecting that revenue, and having along with him a considerable sum of money collected by him by virtue of his office, upon Friday the 9th day of January then last, was at the house of Margaret Ramsay, relict of Andrew Fowler, excise-office keeper at Pittenweem; and Andrew Wilson having formed a design to rob Collector Stark of the money and other effects he had along with him, and having taken William Hall and George Robertson as a.s.sociates, they came together from Edinburgh that morning, and towards evening put up their horses in Anstruther-Easter, in the inn kept by James Wilson, brewer there;[C] and after having had some deliberations upon their intended robbery, leaving their horses there, they went privately on foot to Pittenweem, and about eleven o'clock that night called at the house of Widow Fowler, and under the pretence of drinking, remained there until they were informed, or might reasonably presume Collector Stark was gone to bed; and about twelve that night, or one next morning, Andrew Wilson and William Hall, or one or other of them, did impudently and in defiance of law forcibly and with violence break the door of the room where Collector Stark was lying in bed, and having knocked out the under pannel, Collector Stark suspecting an attack upon his life, for his safety jumped out at a window in his s.h.i.+rt; whereupon Andrew Wilson and William Hall, or one or other of them, entered the room, and did feloniously carry off bank-notes in a pocket-book belonging to Collector Stark, and gold and money in his possession to the value of L.200, less or more, and did rob and take away a pair of pistols, a seal, a penknife, a cloak bag, a pair of silver buckles, a bible, several suits of linens and other goods belonging to Collector Stark and in his possession; and when they went out of that room, did divide, disperse of, and distribute the gold, money, and other goods so robbed and taken away at their pleasure. And while the said Andrew Wilson and William Hall were committing the foresaid crimes, the said George Robertson was standing, sometimes at the door and sometimes at the foot of the stair of said house, as a sentinel and guard, with a drawn cutla.s.s in his hand, to prevent any person from interfering and stopping the said violence and robbery, and did threaten to kill or otherwise intimidate the servants of the house when going towards the door of the collector's room; and when several of the inhabitants, alarmed by the noise, gathered together upon the street, and coming towards the door, inquired what was going on there; he, George Robertson, did treacherously endeavour to persuade them not to attempt to enter the house, falsely affirming that he had tried to go up stairs, but being in danger of being shot, he was by fear obliged to leave the house. And in order to keep them still amused with his false suggestion of danger by entering the house, having gone along with them into the house of John Hyslop in Pittenweem, he detained them there for some time, until he judged that his a.s.sociates might have made their escape with their spoil; and soon afterwards William Hall was seized in the street of Anstruther-Easter, between twelve and one next morning, being Sat.u.r.day the 10th January, having several of the goods and a purse of gold so robbed in his possession, which he dropped and endeavoured to conceal. And they, Andrew Wilson, and George Robertson, having met some short time afterwards in the house of said James Wilson in Anstruther-Easter, where they were informed that the house was beset, conscious of their own guilt, they, one or other of them, did deliver to said James Wilson the seal, the penknife, the pair of buckles, some money, and other things robbed, telling that if they were found in their possession they would be hanged or undone, or words to that purpose, expressing an apprehension of the utmost danger; and immediately thereafter got into bed, as if they had lain all night asleep, where both were apprehended, and upon the top of which bed were found the bank notes robbed from Collector Stark, and his pocket-book above another bed in another room of the house, &c. Wherefore, on these crimes being confessed or proven, the parties ought to be most severely and exemplarily punished with the pains of law, in terror of others committing the like in time coming.

The indictment to the foregoing effect was read--the case debated, and the Lords ordered both parties to give in informations.

On the 19th March 1736, the Lords found the libel relevant--but allowed George Robertson a proof, with respect to his behaviour at the time stated, for taking off the circ.u.mstances tending to infer his being accessory, or art and part of the crimes libelled.

A jury was empannelled, and the trial proceeded. To give even notes of the depositions on both sides would exceed our limits. We shall therefore merely select the evidence of two or three witnesses, whose statements will serve to form a continuation of our narrative, and pa.s.s over the remainder as unnecessary for our purpose.

The first we shall adduce is the collector, the individual robbed.

James Stark, collector of excise, Kirkcaldy, aged forty-nine years or thereby, married, solemnly sworn, purged of malice partial, counsel examined and interrogated, depones time and place libelled--the deponent being then upon his collection as collector of excise. He went to bed about ten o'clock, and about an hour and a-half thereafter, he was waked out of sleep by a noise and some chapping at the door of the room where he lay--which door he had secured before he went to bed by s.c.r.e.w.i.n.g down the sneck of the door--which noise the deponent at first imagined was occasioned by some drunken people in the house; but afterwards, upon the strokes on the door being repeated with violence, the deponent jumped out of his bed, and heard the under part of the door of the bed-room giving way, upon which the deponent laid hold upon two bags of money, which, with the deponent's breeches, in which were about L.100 in gold, and bank notes and silver, the deponent had put below his head when he went to bed; and the deponent did then, in the confusion in which he was, put the table and some chairs to the back of the door to stap the gap, and thereafter opened the window, and returning to find the bags of money and his breeches, he could only find one of the bags of money, and being in fear of his life, he jumped out at the window with one of the bags of money, and fell at the foot of the stair, the said window being just above the entry to the house, and recovering himself a little, he went towards the corn-yard, and hearing a person call out "Hold him," the deponent apprehending the voice to be before him, he returned a few paces, and then perceiving a man standing or walking at the foot of the stair, the deponent returned again to the yard, where he hid the bag of money, and thereafter coming back towards the house to hear what was a-doing, the deponent heard a knocking in the room where he had been lodged, and thereupon retired to the yard again--lay covered with some straw till about four in the morning--and then returning to the house saw the panel, William Hall, in custody of some soldiers; and the deponent having said to him that he had given him a cold bath that night, William Hall answered that he was not to blame, being only hired, and had no hand in it, but that Andrew Wilson and George Robertson had come there of a design to rob the deponent that night, and that this design had been formed several months before by Andrew Wilson, and particularly at the preceding collection at Elie; and further depones that soon after the deponent got out of the window as aforesaid, he heard the clock strike twelve; that when the deponent was first awakened out of his sleep as aforesaid, he heard Mrs Fowler, the landlady, call to the persons who were breaking open the deponent's bed-room, "What are ye doing?" or "Why do ye this?" and the deponent heard them at the same time cursing and swearing and making a great noise; and the deponent having only carried one bag of money along with him as aforesaid, he left in said bed-room the money and goods following, viz., the deponent's breeches, in which was a purse with fifty-two and a-half guineas, betwixt six and seven pounds in silver, and a pocket-book with one and forty pounds in bank notes, which purse and pocket-book the deponent exhibits in court; that besides the bank notes, there were several bills and other papers in the pocket-book, and that there was likewise in the deponent's breeches, a seal, a pair of silver shoe-buckles, and a penknife, which the deponent likewise exhibits; the deponent likewise left in his room a cloak-bag with some linens in it, which cloak-bag the deponent likewise exhibits in court; as also a bible, a pair of pistols, which the deponent likewise exhibits; that upon the deponent returning to his room as aforesaid, he found the door of the room broken up, and saw a press in the room which had been broken up, and found his breeches empty and all the several particulars above enumerated amissing; and thereafter, about seven o'clock in the morning, the deponent having gone to Anstruther-Easter, he soon thereafter saw the three panels in custody; and the deponent did then see in the hands of the magistrates of Anstruther, the seal, the buckles, and penknife above mentioned; depones that upon Monday following, being the 12th of January last, William Hall, panel, told the deponent that he had informed Alexander Clerk, supervisor of excise, where the purse of gold was to be found, whereupon the deponent desired the supervisor to go in quest of it, which he did, and having found it, he restored it to the deponent with the whole gold in it; and that the bible was returned to the deponent by one of the soldiers who apprehended Hall; that on Sat.u.r.day night the 10th of January, the deponent got back his pocket-book and bank notes, with the other papers in the said pocket-book, from Bailie Robert Brown in Anstruther-Easter. _Causa scientiae patet. _And this is truth, as he shall answer to G.o.d. (Signed) James Stark; Andrew Fletcher.

Alexander Clerk, supervisor of excise at Cupar-Fife, being solemnly sworn, and depones time and place libelled, the deponent was lodged in the room next to Collector Stark, and went to bed about ten, and was wakened about twelve by persons rapping either at his door or that of the collector's; and heard a cry of "Murder the dogs and burn the house!" upon which the deponent swore that the first man that came in he would put a pair of b.a.l.l.s in him. The deponent then put on some of his clothes and got out at a window at the backside of the house,[D] and walked to Anstruther, about a mile, and awakened the serjeant who commanded a small party of soldiers there, and with the serjeant and two of the soldiers set out for Pittenweem, and left orders for the rest of the party to follow as soon as possible. As they pa.s.sed the entry to Sir John Anstruther's house in Easter-Anstruther,[E] they met with some men who having challenged the deponent, "Who comes there?" the deponent desired them to give an account of themselves, and upon their running off, the deponent ordered the soldiers to seize them, upon which the serjeant with his halbert hooked one of them, the rest escaping, which afterwards proved to be William Hall, one of the panels, and whom the deponent carried along with him to the excise office at Pittenweem, and having brought him into the house of Mrs Fowler, Jean Finlay, servant to Mrs Fowler, upon seeing the said Hall, said, "This is the villain that broke my head a little while ago;" and Thomas Durkie, another servant in the house, said, "This is one of the persons who robbed the collector the night;" and the soldiers who brought Hall produced a bag of linen and a bible which they said they had taken up as Hall had dropped them by the way; and William Geddes, clerk to the collector, did then say, "This is the collector's bible, and there are his linens," whereupon Hall confessed that he had been guilty of robbing the collector; and the deponent thereupon telling Hall that he was now _in for it_, and that the best way for him was to discover the rest, which, if he would do, the deponent would do his endeavours to get him made an evidence, and having then asked if he promised to get him a pardon? depones that he understood it so, but does not remember that he used the word _pardon_; upon which Hall told deponent he would get these other persons whom he named; remembers particularly that he named Andrew Wilson, panel, to have been one of them. That they had come upon four horses that morning from Kinghorn, and that he would find them all in the house of James Wilson in Anstruther-Easter, or in a house twenty yards on this side of it, which the deponent understood to be Bailie Andrew Johnston's.[F] By this time the rest of the party having come up from Anstruther, the deponent made some search for the collector, but could not find him, and thereafter the deponent carried up Hall to the room where the collector had lodged, the door of which he saw broken in the under part, and left Hall prisoner there in custody of some of the soldiers and the rest of the party, and Thomas Durkie and William Geddes. The deponent then went east to Anstruther in search of the rest of the robbers, and having surrounded the house of James Wilson there, he found three men in a room there, viz., Andrew Wilson and George Robertson, panels, and one John Friar, and having shown them to the above Thomas Durkie, he declared that they were two of the persons who had robbed the collector; upon which the deponent having applied to Bailies Robert Brown and Philip Millar, both in Anstruther-Easter, he got the accused committed to prison; and further depones that as the panels were being carried prisoners to Edinburgh, and while they were halting at Kirkcaldy, the deponent asked George Robertson, panel, what was become of the collector's purse of gold, George answered that Andrew Wilson, the other panel, told him that William Hall got the purse; upon which the deponent inquired at Hall about it, and added that unless he confessed and discovered where the purse was, he could not expect that the promises made would be kept to him; when after some entreaty Hall told deponent that he had dropped it upon being seized in a wet furr near a dung-hill, and accordingly the deponent went back to Pittenweem, and upon application to Bailie Andrew Fowler, of Pittenweem, and in his presence the purse was found near to a dung-hill between Anstruther-Wester and Pittenweem, in the spot described by Hall, with fifty-two guineas and a-half in it, which purse and gold was given to the deponent, and the purse exhibited in court being shown to him, he thinks it is the very same purse. And all this is truth, as he shall answer to G.o.d. (Signed) Alexander Clerk; Andrew Fletcher.

John Galloway, servant to Patrick Galloway, horse-hirer in Kinghorn, aged twenty-six, depones that at the time libelled, William Hall came to the deponent's master's house in Kinghorn, and desired him to get two horses, one for himself and one for the deponent, telling him that they were going to Anstruther to get some brandy; and that George Robertson and Andrew Wilson were to be their masters and pay their expenses; and desired him to go to the houses where they then were. The deponent having gone accordingly, and spoken to the said persons, George Robertson desired to get their horses ready, and Hall and the deponent to go before and they would overtake them; that about six o'clock at night they came to Anstruther-Easter, and set up their horses in James Wilson's house, where he found Andrew Wilson before him; and after they put up their horses they went to Andrew Johnston's there, where they found Robertson and Wilson drinking punch. Depones that the three panels and the deponent went from Anstruther to Pittenweem on foot, between ten and eleven o'clock at night.

Depones that when they came to Pittenweem, he (the deponent), Hall, and Wilson went into a house, but does not know the name of the landlord, where they drank a bottle of ale, and it was agreed while they were there that Robertson and the other panel should walk on the street; that when they came out of that house, the three panels and the deponent went to Widow Fowler's house, where they drank some ale and brandy. Andrew Wilson having asked the landlady if she could lodge any casks of brandy for him, she desired him to speak low, because the collector was in the house; upon which Wilson said, Is he here? She answered, he was. Robertson, the panel, called for a reckoning, and all four went down stairs, at least went to the stair-head. Robertson, Hall, and the deponent went out to the street, and as the maid was going to shut the outer door, Andrew Wilson pushed it open and went in, upon which the deponent and William Hall went in also; and George Robertson drew his cutla.s.s and stood at the outer door, saying that no person should go out or in of that house but upon the point of that weapon. Depones when they went in to the house they saw Andrew Wilson standing at the door of the room where the collector was lodged, and the lower part of the door broken; that upon seeing the door broken, he, the deponent, asked Wilson what it meant? or what he would be at? to which Wilson answered, that he had lost a great deal of money, and understood that there was some of it there, and was resolved to have it back again; upon which the deponent said to him, that he would have nothing to do in the matter. Depones that after the door of the collector's room was broken open as aforesaid, Andrew Wilson went into the room, and brought out a pair of breeches, and shewing them to the deponent, said, "Here is a good deal of money;" the deponent telling him that he would have nothing to do with it, the said Andrew took out several handfuls of money, and put it into the deponent's pocket; which money, except a few s.h.i.+llings, the deponent delivered back to the said Andrew Wilson in the house of James Wilson in Anstruther. Depones that Andrew Wilson went again into the room, and brought out a cloak-bag, which he desired the deponent to carry, which he refused to do. The said Andrew then carried the cloak-bag himself, till they came to the end of the town, together with a pair of pistols, which he then delivered to William Hall, who carried it half way to Anstruther, and then Andrew Wilson desired Hall to set it down, that they might see if there was any bank-notes in it; and Hall, having opened the cloak-bag, took out some linens and a bible, which he stowed about himself. That at the same time he saw Andrew Wilson take out of his pocket the pocket-book, out of which he took several bank-notes and put in his pocket, and then threw the pocket-book on the floor. Depones that Andrew Wilson and the deponent went out of Wilson's house, and threw one of the pistols and some linens which they had brought from Pittenweem in among some straw in a barn-yard; thereafter the deponent, Bailie Thomas Brown, Anstruther-Easter, and some soldiers, went to the place where the cloak-bag was left, and to the barn-yard where the pistols and linen were thrown, where they were all found. Being further examined, depones that as Wilson and Hall and the deponent were on the road from Pittenweem to Anstruther, a little to the west of Sir John Anstruther's house, they met Mr Clerk, the supervisor, and some soldiers, who, having challenged him who they were, one of the soldiers seized Hall with his halbert, upon which Andrew Wilson and the deponent made their escape. Depones that the cutla.s.s now produced is the same that George Robertson had in his hand at Widow Fowler's house. _Causa scienticae patet._ And this is truth, as he shall answer to G.o.d, and depones he cannot write. (Signed) James Mackenzie.

Upon the indictment against the panels being read in court, they all pled "Not guilty," and certain defences were offered for them.

And first, in opposition to what the indictment alleged with regard to Andrew Wilson having formed a design to rob Collector Stark, and having taken Hall and Robertson, his a.s.sociates, from Edinburgh that morning, it was stated that they did not set out from Edinburgh in company, but met upon the water in the pa.s.sage between Leith and Kinghorn, where two of them, Wilson and Hall, were pa.s.sing in a yawl, and Robertson was crossing in a pa.s.sage boat; that instead of leaving Edinburgh and going to the East Neuk on the criminal design libelled, they had each of them lawful business in that part of the country, viz., for buying goods in which they ordinarily dealt, and which it was neither criminal nor capital to buy and sell; and particularly George Robertson, who kept an inn near Bristo Port in Edinburgh, where the Newcastle carriers commonly put up; that having occasion to buy liquors in the east of Fife, he agreed to take share of a cargo with Andrew Wilson, and with that view got a letter of credit from Francis Russell, druggist addressed to Bailie Andrew Waddell, Cellard.y.k.e, for the value of 50 sterling; and further, he carried with him an accepted bill of John Fullerton in Causeyside, to the like extent, as a fund of credit for the goods he might buy; and William Hall, the third panel, was a poor workman in Edinburgh, commonly attending the weigh-house, who was carried along to take care of and fetch home the goods; that accordingly, as soon as they came to Anstruther, and put up their horses at James Wilson's, they went to a respectable man, Bailie Johnston, and bought goods to the value of 46 10s., and whilst making the bargain they drank some quant.i.ty of liquor; that after this, not finding at Anstruther all the sorts of liquor they wanted to purchase, they went on foot to Pittenweem, when they first went to the house of ---- Drummond, another respectable merchant, and drank some time with him, desiring to buy some brandy of him, but he told them he could not furnish them at that time; that after this the panels went into the house of Widow Fowler, where, calling for a room, they were shown into the kitchen, and inquired at the landlady if she could furnish them any place for lodging the goods they had bought, and there they drank both ale and punch, till, with what they had got before at different places, they became all very drunk; that at this place it was told by the landlady or servants, in conversation, that there was money to a considerable value in the next room, and if any part of the facts libelled were committed by the panels, Wilson and Hall, it must have been done upon occasion of this purely accidental information, when they were insane from strong drink: it was more like a drunken frolic than a preconcerted robbery. As a further evidence of this fact, it appeared by the libel itself that they acted like persons in such a condition; for they, as well as the other panel Robertson, were all seized in an hour or two thereafter, before the effects of the liquor had worn off, and before they had time to come to themselves, and without any of them taking the most rational and obvious measures to make their escape.

As to the case of George Robertson, it is not said that the inhabitants gathered together upon the streets, came there to save or rescue what was contained in the room; on the contrary, it was admitted on debate that the inhabitants of small coast towns are not very ready on these occasions to lend their a.s.sistance to the officers of justice; and if George Robertson had truly said to the persons whom he met on the street that he was by fear obliged to leave the house, it might very possibly have been true, and an argument of his innocence, and therefore ought not to be turned into a circ.u.mstance of his guilt.

Our s.p.a.ce will not admit of further argument. Suffice it to say that the jury unanimously found Andrew Wilson and William Hall guilty, and George Robertson art and part on the crimes libelled; and the Lords of Justiciary pa.s.sed sentence of death on all three, which sentence they appointed to be executed on Wednesday the 14th of April 1736.

Leaving the criminals in the condemned cells, where they are to remain five weeks before being executed, let us, in the meanwhile, in order to the better understanding the case, and forming a clearer opinion in reference to the nature and origin of the Porteous mob--one of the most extraordinary events recorded in history, and which arose out of the trial and sentence against Andrew Wilson and the others before narrated--let us endeavour to give a brief sketch of Mr Porteous' history, from his birth till the time of which we write, namely, the recording of the sentence of death against Wilson and his a.s.sociates.

John Porteous, one of the captains of the Edinburgh City Guard, was son of Stephen Porteous, a tailor in Canongate. The father held a fair character, and was esteemed a good honest man in the whole conduct of his life, his greatest misfortune was his having such a son as John.

The father early discovered in his son a perverseness of nature, and a p.r.o.neness to commit mischievous and more than childish tricks. The mother, out of a blind affection for her child, took them all for growing proofs of spirit and manliness, and as marks of an extraordinary and sprightly genius.

Thus the family were divided upon the education of the son, and from being often thwarted in his measures about him, the father lost his authority, and for the peace of his family winked at the faults which the good man saw it his duty to correct. The loss of parental authority begot want of filial regard, so that the boy, shooting up with these vicious habits and disregard of the father, advanced from reproaches and curses to blows, whenever the unfortunate old man ventured to remonstrate against the folly and madness of his son's conduct.

The mother saw, when it was too late, what her misguided affection had produced, and how to her fond love in childhood the man made the base return of threatening language and the utmost disregard; for he proved too hard for both father and mother at last.

The father having a good business, wanted John to learn his trade of a tailor, both because it was easiest and cheapest for the old man, and a sure source of good living for the son, whether he began business for himself or waited to succeed the father after his death; but as he grew up his evil habits increased, and at last when checked by his father in his mad career, he almost put the good old man to death by maltreatment.

At last, provoked beyond all endurance, the father resolved to rid himself of him by sending him out of the country, and managed to get him engaged to serve in the army under the command of Brigadier Newton.

While in Flanders, he saw, in pa.s.sing along with one of his brother soldiers, a hen at a little distance covering her chickens under her wings, and out of pure wanton and malicious mischief he fired his musket and shot the hen. The poor woman to whom it belonged, startled by the shot, went out and saw her hen dead; and following the young soldier, asked him to pay the price of the hen and chickens, for both were lost to her, and they formed a great part of her means of subsistence; but the unfeeling youth would not give her a farthing--threatening if she annoyed him he would send her after her hen; upon which the injured old woman predicted, "that as many people would one day gaze in wonder on his lifeless body as that hen had feathers on hers."

Young Porteous afterwards left the army and returned to London, where he wrought for some time as a journeyman tailor; but his evil habits brought him to poverty, and he was found in rags by a friend of his father's, who wrote to the old man to remit 10 to clothe him and defray his travelling charges to Edinburgh, which, moved by the compa.s.sion of a father, he did, and when John appeared, the kind-hearted old man received him with tears of joy, and embraced him with all the warmth of paternal affection. Vainly hoping that his son was a reformed man, he gave up his business to him, and agreed that he should only have a room in the house and his maintenance and clothes.

Young Porteous, thus possessed of the house and trade of his father, and of all his other goods and effects, began by degrees to neglect and maltreat the old man, first, by refusing him a fire in his room in the middle of winter, and even grudging him the benefit of the fire in the kitchen. In addition to this, he disallowed him a sufficiency of victuals, so that he was in danger of being starved to death with cold and hunger. In this unhappy condition he applied for admission into the Trinity Hospital.

John Porteous having been for some time in the army, and being known to be possessed of no small courage and daring, was selected by John Campbell, lord provost of Edinburgh, in the memorable year 1715, to be drill-sergeant of the city-guard, as it became necessary to have the guard well disciplined and made as effective as possible in that eventful period, for the support of the government and the protection of Edinburgh. In this office he discharged his duty remarkably well, and was often sent for by the lord provost to report what progress his men made in military discipline. This gave him an opportunity of meeting sometimes with a gentlewoman who had the charge of the lord provost's house and family, with whom he fell deeply in love; after paying his addresses for some time, and proposing to her, he was accepted, and they were married. From a grateful sense of her services, as well as from a conviction of Porteous's ability for the office, the lord provost proposed that John Porteous should be elected one of the captains of the city-guard, and it was agreed to.

This was a situation of trust and respectability, and would have enabled the young couple to live in comfort and ease if the husband had conducted himself properly. The gentlewoman was a person of virtue and merit, but was unlucky in her choice of a husband--Porteous was no better a husband than he had been a son. They were not long married when he began to ill-use her.

He dragged her out of bed by the hair of the head, and beat her to the effusion of blood. The whole neighbourhood were alarmed sometimes at midnight by her shrieks and cries; so much so, indeed, that a lady living above them was obliged, between terms, to take a lodging elsewhere for her own quiet. Mrs Porteous was obliged to separate from her husband, and this was her requital for having been the occasion of his advancement.

His command of the city-guard gave him great opportunities of displaying his evil temper, and manifesting his ungovernable pa.s.sions. Seldom a day pa.s.sed but some of his men experienced his severity. The mob on all public occasions excited his naturally bad temper; and on all days of rejoicing, when there was a mult.i.tude from the country as well as from the town, the people were sure to experience offensive and tyrannical treatment from him.

The hatred and terror of him increased every year, and his character as an immoral man was known to everybody, so that he was universally hated and feared by the lower orders both in town and country.

This was the position in which Captain Porteous stood with the people when he was called upon to take charge of the execution of the law in reference to Andrew Wilson, whose case it has been thought proper to detail before proceeding to narrate the extraordinary events that followed, and which, indeed, partly serves to explain the cause of these events.

We have stated that Andrew Wilson, George Robertson, and William Hall, were condemned by the High Court of Justiciary to die on Wednesday the 14th of April 1736. Hall was reprieved, but Wilson and Robertson were left to suffer the extreme penalty of the law. A plan was concocted to enable them to escape out of the Tolbooth, by sawing the iron bars of the window; but Wilson, who is described as a "round, squat man," stuck fast, and before he could be disentangled the guard were alarmed. It is said that Robertson wished to attempt first the escape, and there is little doubt he would have succeeded, but he was prevented by Wilson, who obstinately resolved that he himself should hazard the experiment. This circ.u.mstance seems to have operated powerfully on the mind of the criminal, who now accused himself as the more immediate cause of his companion's fate. The Tolbooth stood near to St Giles' Church; it was customary at that time for criminals to be conducted on the last Sunday they had to live to church to hear their last sermon preached, and, in accordance with this practice, Wilson and Robertson were, upon Sunday the 11th of April, carried from prison to the place of wors.h.i.+p. They were not well settled there, when Wilson boldly attempted to break out, by wrenching himself out of the hands of the four armed soldiers. Finding himself disappointed in this, his next care was to employ the soldiers till Robertson should escape; this he effected by securing two of them in his arms, and after calling out, "_Run, Geordie, run for your life_!" s.n.a.t.c.hed hold of a third with his teeth. Thereupon Robertson, after tripping up the heels of the fourth soldier, jumped out of the pew, and ran over the tops of the seats with incredible agility, the audience opening a way for him sufficient to receive them both; in hurrying out at the south gate of the church, he stumbled over the collection money.

Thence he reeled and staggered through the Parliament Close, and got down the back stairs, which have now disappeared, often stumbling by the way, and thus got into the Cowgate, some of the town-guard being close after him. He crossed the Cowgate, ran up the Horse Wynd, and proceeded along the Potterrow, the crowd all the way covering his retreat, and by this time become so numerous, that it was dangerous for the guard to look after him.

In the Horse Wynd there was a horse saddled, which he would have mounted, but was prevented by the owner. Pa.s.sing the Crosscauseway, he got into the King's Park, and took the Duddingstone road, but seeing two soldiers walking that way, he jumped the d.y.k.e and made for Clear Burn. On coming there, hearing a noise about the house, he stopt short, and, repa.s.sing the d.y.k.e, he retook the route for Duddingstone, under the rocks. When he crossed the d.y.k.e at Duddingstone, he fainted away; but, after receiving some refreshment, the first he had tasted for three days, he pa.s.sed out of town, and, soon after getting a horse, he rode off, and was not afterwards heard of, notwithstanding a diligent search.

Upon Robertson's getting out of the church door, Wilson was immediately carried out without hearing sermon, and put in close confinement to prevent his escape, which the audience seemed much inclined to favour.

Notwithstanding his surprising escape, Robertson came back about a fortnight afterwards, and called at a certain house in the neighbourhood of Edinburgh. Being talked to by the landlord touching the risk he ran by his imprudence, and told that, if caught, he would suffer unpitied as a madman, he answered, that as he thought himself indispensably bound to pay the last duties to his beloved friend, Andrew Wilson, he had been hitherto detained in the country, but that he was determined to steer another course soon. He was resolved, however, not to be hanged, pointing to some weapons he had about him.

It was strongly surmised that plots were laid for favouring Wilson's escape. It was well known that no blood had been shed at the robbery; that all the money and effects had been recovered, except a mere trifle; that Wilson had suffered severely in the seizure of his goods on several occasions by the revenue officers; and that, however erroneous the idea, he thought himself justified in making reprisals. Besides, Wilson's conduct had excited a very great sympathy in his favour; and the crime for which he was condemned was considered very venial at that time by the populace, who hated the malt-tax, and saw no more harm in smuggling, or in robbing a collector of excise, than in any matter of trifling importance. The magistrates of Edinburgh, in order to defeat all attempts at a rescue, lodged the executioner the day previous in the Tolbooth, to prevent his being carried off; the sentinels were doubled outside the prison; the officers of the trained bands were ordered to attend the execution, likewise the city constables with their batons; the whole city-guard, having ammunition distributed to them, were marched to the place of execution with screwed bayonets, and, to make all sure, at desire of the lord provost, a battalion of the Welch Fusiliers, commanded by commissioned officers, marched up the streets of the city, and took up a position on each side of the Lawnmarket; whilst another body of that corps was placed under arms at the Canongate guard. A little before two o'clock, Porteous came to receive Wilson, the prisoner, from the captain of the city prison.

He was in a terrible rage, first against Wilson, who had affronted his soldiers, and next against the mob, who were charmed with Wilson's generous action in the church, and had favoured Robertson's escape. They are always on the side of humanity and mercy, unless they are engaged themselves.

Porteous was also infuriated because the Welch Fusiliers had been brought to the Canongate, as if he and his guard had not been sufficient to keep down any riot within the city. The manacles were too little for Wilson's wrists, who was a strong, powerful man; when the hangman could not make them meet, Porteous flew furiously to them, and squeezed the poor man, who cried piteously during the operation, till he got them to meet, to the exquisite torture of the miserable prisoner, who told him he could not entertain one serious thought, so necessary to one in his condition, under such intolerable pain. "No matter," said Porteous, "your torment will soon be at an end." "Well," said Wilson, "you know not how soon you may be placed in my condition; G.o.d Almighty forgive you as I do."

This cruel conduct of Porteous' still more embittered the minds of the populace, who were sufficiently exasperated against him before, and the report of it was soon spread over town and country.

Porteous conducted Wilson to the gallows, where he died very penitent, but expressing more sorrow on account of the common frailties of life, than the crime for which he suffered. His body was given to his friends, who carried it over to Pathhead in Fife, where it was interred; George Robertson having, as we have seen, rashly attended the funeral before going abroad.

During the melancholy procession of the criminal and his guard, accompanied by the magistrates, ministers, and others from the Old Tolbooth, which stood in the Lawnmarket, to the scaffold, which was placed in the Gra.s.smarket, there was not the slightest appearance of a riot, nor after Wilson had been suspended, until life was extinct, did the least manifestation of disturbance occur on the part of a vast crowd of people collected from town and country to witness the execution. The magistrates of Edinburgh had retired from the scaffold to a house close by--concluding, with reason, that as all was over with poor Wilson, no disturbance could then happen, and the executioner was actually on the top of the ladder, cutting Wilson down, when a few idle men and boys began to throw pebbles, stones, or garbage at him (a common practice at that time,) thinking he was treating the affair rather ludicrously; whereupon Captain Porteous, who was in very bad humour, became highly incensed, and instantly resented, by commanding the city-guard, without the slightest authority from the magistrates, and without reading the riot act or proclamation according to law, to fire their muskets, loaded with ball, and by firing his own fuzee among the crowd, by which four persons were killed on the spot, and eleven wounded, many of them dangerously, who afterwards died. The magistrates, ministers, and constables, who had retired to the first storey of a house fronting the street, were themselves in danger of being killed, a ball, as was discovered afterwards, having grazed the side of the window where they stood. The lord provost and magistrates immediately convened, and ordered Captain Porteous to be apprehended and brought before them for examination; after taking a precognition, his lords.h.i.+p committed Porteous to close imprisonment for trial for the crime of murder; and, next day, fifteen sentinels of the guard were also committed to prison, it clearly appearing, after a careful examination of the firelocks of the party, that they were the persons who had discharged their pieces among the crowd.

On the 25th of March 1736, Captain Porteous was put on trial, at the instance of the lord-advocate of Scotland, before the High Court of Justiciary, for the murder of Charles Husband, and twelve other persons, on the 14th of April preceding, being the day of the execution of Andrew Wilson; and after sundry steps of procedure, having been found, by the unanimous voice of the jury, guilty, he was, on the 20th of July following, sentenced to suffer death in the Gra.s.smarket of Edinburgh, on Wednesday the 8th of September in the same year--that was, about five months after Wilson's execution.