by Walter Scott
NOTE D--THE PORTEOUS MOB.
The following interesting and authentic account of the inquiries made byCrown Counsel into the affair of the Porteous Mob, seems to have beendrawn up by the Solicitor-General. The office was held in 1737 by CharlesErskine, Esq.
I owe this curious illustration to the kindness of a professional friend.It throws, indeed, little light on the origin of the tumult; but showshow profound the darkness must have been, which so much investigationcould not dispel.
"Upon the 7th of September last, when the unhappy wicked murder ofCaptain Porteus was committed, His Majesty's Advocate and Solicitor wereout of town; the first beyond Inverness, and the other in Annandale, notfar from Carlyle; neither of them knew anything of the reprieve, nor didthey in the least suspect that any disorder was to happen.
"When the disorder happened, the magistrates and other persons concernedin the management of the town, seemed to be all struck of a heap; andwhether, from the great terror that had seized all the inhabitants, theythought ane immediate enquiry would be fruitless, or whether, being adirect insult upon the prerogative of the crown, they did not care rashlyto intermeddle; but no proceedings was had by them. Only, soon after, aneexpress was sent to his Majestie's Solicitor, who came to town as soon aswas possible for him; but, in the meantime, the persons who had been mostguilty, had either ran off, or, at least, kept themselves upon the winguntil they should see what steps were taken by the Government.
"When the Solicitor arrived, he perceived the whole inhabitants under aconsternation. He had no materials furnished him; nay, the inhabitantswere so much afraid of being reputed informers, that very few people hadso much as the courage to speak with him on the streets. However, havingreceived her Majestie's orders, by a letter from the Duke of New castle,he resolved to sett about the matter in earnest, and entered upon aneenquiry, gropeing in the dark. He had no assistance from the magistratesworth mentioning, but called witness after witness in the privatestmanner, before himself in his own house, and for six weeks time, frommorning to evening, went on in the enquiry without taking the leastdiversion, or turning his thoughts to any other business.
"He tried at first what he could do by declarations, by engaging secresy,so that those who told the truth should never be discovered; made use ofno clerk, but wrote all the declarations with his own hand, to encouragethem to speak out. After all, for some time, he could get nothing butends of stories which, when pursued, broke off; and those who appearedand knew anything of the matter, were under the utmost terror, lest itshould take air that they had mentioned any one man as guilty.
"During the course of the enquiry, the run of the town, which was strongfor the villanous actors, begun to alter a little, and when they saw theKing's servants in earnest to do their best, the generality, who beforehad spoke very warmly in defence of the wickedness, began to be silent,and at that period more of the criminals began to abscond.
"At length the enquiry began to open a little, and the Sollicitor wasunder some difficulty how to proceed. He very well saw that the firstwarrand that was issued out would start the whole gang; and as he had notcome at any of the most notorious offenders, he was unwilling, upon theslight evidence he had, to begin. However, upon notice given him byGenerall Moyle, that one King, a butcher in the Canongate, had boasted,in presence of Bridget Knell, a soldier's wife, the morning after CaptainPorteus was hanged, that he had a very active hand in the mob, a warrandwas issued out, and King was apprehended, and imprisoned in the CanongateTolbooth.
"This obliged the Sollicitor immediately to take up those against whom hehad any information. By a signed declaration, William Stirling,apprentice to James Stirling, merchant in Edinburgh, was charged ashaveing been at the Nether-Bow, after the gates were shutt, with aLochaber-ax or halbert in his hand, and haveing begun a huzza, marchedupon the head of the mob towards the Guard.
"James Braidwood, son to a candlemaker in town, was, by a signeddeclaration, charged as haveing been at the Tolbooth door, giveingdirections to the mob about setting fire to the door, and that the mobnamed him by his name, and asked his advice.
"By another declaration, one Stoddart, a journeyman smith, was charged ofhaving boasted publickly, in a smith's shop at Leith, that he hadassisted in breaking open the Tolbooth door.
"Peter Traill, a journeyman wright, (by one of the declarations) was alsoaccused of haveing lockt the Nether-Bow Port, when it was shutt by themob.
"His Majestie's Sollicitor having these informations, implored privatelysuch persons as he could best rely on, and the truth was, there were veryfew in whom he could repose confidence. But he was, indeed, faithfullyserved by one Webster, a soldier in the Welsh fuzileers, recommended himby Lieutenant Alshton, who, with very great address, informed himself,and really run some risque in getting his information, concerning theplaces where the persons informed against used to haunt, and how theymight be seized. In consequence of which, a party of the Guard from theCanongate was agreed on to march up at a certain hour, when a messageshould be sent. The Sollicitor wrote a letter and gave it to one of thetown officers, ordered to attend Captain Maitland, one of the townCaptains, promoted to that command since the unhappy accident, who,indeed, was extremely diligent and active throughout the whole; andhaveing got Stirling and Braidwood apprehended, dispatched the officerwith the letter to the military in the Canongate, who immediately beguntheir march, and by the time the Sollicitor had half examined the saidtwo persons in the Burrow-room, where the Magistrates were present, aparty of fifty men, drums beating, marched into the Parliament close, anddrew up, which was the first thing that struck a terror, and from thattime forward, the insolence was succeeded by fear.
"Stirling and Braidwood were immediately sent to the Castle andimprisoned. That same night, Stoddart, the smith, was seized, and he wascommitted to the Castle also; as was likewise Traill, the journeymanwright, who were all severally examined, and denyed the least accession.
"In the meantime, the enquiry was going on, and it haveing cast up in oneof the declarations, that a hump'd backed creature marched with a gun asone of the guards to Porteus when he went up to the Lawn Markett, theperson who emitted this declaration was employed to walk the streets tosee if he could find him out; at last he came to the Sollicitor and toldhim he had found him, and that he was in a certain house. Whereupon awarrand was issued out against him, and he was apprehended and sent tothe Castle, and he proved to be one Birnie, a helper to the Countess ofWeemys's coachman.
"Thereafter, ane information was given in against William M'Lauchlan,ffootman to the said Countess, he haveing been very active in the mob;ffor sometime he kept himself out of the way, but at last he wasapprehended and likewise committed to the Castle.
"And these were all the prisoners who were putt under confinement in thatplace.
"There were other persons imprisoned in the Tolbooth of Edinburgh, andseveralls against whom warrands were issued, but could not beapprehended, whose names and cases shall afterwards be more particularlytaken notice of.
"The ffriends of Stirling made an application to the Earl of Islay, LordJustice-Generall, setting furth, that he was seized with a bloody fflux;that his life was in danger; and that upon ane examination of witnesseswhose names were given in, it would appear to conviction, that he had notthe least access to any of the riotous proceedings of that wicked mob.
"This petition was by his Lordship putt in the hands of his Majestie'sSollicitor, who examined the witnesses; and by their testimonies itappeared, that the young man, who was not above eighteen years of age,was that night in company with about half a dozen companions, in a publichouse in Stephen Law's closs, near the back of the Guard, where they allremained untill the noise came to the house, that the mob had shut thegates and seized the Guard, upon which the company broke up, and he, andone of his companions, went towards his master's house; and, in thecourse of the after examination, there was a witness who declared, nay,indeed swore (for the Sollicitor, by this time, saw it necessary to putthose he e
xamined upon oath), that he met him [Stirling] after he enteredinto the alley where his master lives, going towards his house; andanother witness, fellow-prentice with Stirling, declares, that after themob had seized the Guard, he went home, where he found Stirling beforehim; and, that his master lockt the door, and kept them both at home tillafter twelve at night: upon weighing of which testimonies, and uponconsideration had, That he was charged by the declaration only of oneperson, who really did not appear to be a witness of the greatest weight,and that his life was in danger from the imprisonment, he was admitted tobaill by the Lord Justice-Generall, by whose warrand he was committed.
"Braidwood's friends applyed in the same manner; but as he stood chargedby more than one witness, he was not released--tho', indeed, thewitnesses adduced for him say somewhat in his exculpation--that he doesnot seem to have been upon any original concert; and one of the witnessessays he was along with him at the Tolbooth door, and refuses what is saidagainst him, with regard to his having advised the burning of theTolbooth door. But he remains still in prison.
"As to Traill, the journeyman wright, he is charged by the same witnesswho declared against Stirling, and there is none concurrs with him and,to say the truth concerning him, he seemed to be the most ingenuous ofany of them whom the Solicitor examined, and pointed out a witness bywhom one of the first accomplices was discovered, and who escaped whenthe warrand was to be putt in execution against them. He positively denyshis having shutt the gate, and 'tis thought Traill ought to be admittedto baill.
"As to Birnie, he is charged only by one witness, who had never seen himbefore, nor knew his name; so, tho' I dare say the witness honestlymentioned him, 'tis possible he may be mistaken; and in the examinationof above 200 witnesses there is no body concurrs with him, and he is aneinsignificant little creature.
"With regard to M'Lauchlan, the proof is strong against him by onewitness, that he acted as a serjeant, or sort of commander, for sometime, of a Guard, that stood cross between the upper end of theLuckenbooths and the north side of the street, to stop all but friendsfrom going towards the Tolbooth; and by other witnesses, that he was atthe Tolbooth door with a link in his hand, while the operation of beatingand burning it was going on; that he went along with the mob with ahalbert in his hand, untill he came to the gallows stone in theGrassmarket, and that he stuck the halbert into the hole of the gallowsstone: that afterwards he went in amongst the mob when Captain Porteuswas carried to the dyer's tree; so that the proof seems very heavyagainst him.
"To sum up this matter with regard to the prisoners in the Castle, 'tisbelieved there is strong proof against M'Lauchlan; there is also proofagainst Braidwood. But, as it consists only in emission of words said tohave been had by him while at the Tolbooth door, and that he is aneinsignificant pitifull creature, and will find people to swear heartilyin his favours, 'tis at best doubtfull whether a jury will be got tocondemn him.
"As to those in the Tolbooth of Edinburgh, John Crawford, who had forsome time been employed to ring the bells in the steeple of the NewChurch of Edinburgh, being in company with a soldier accidentally, thediscourse falling in concerning the Captain Porteus and his murder, as heappears to be a light-headed fellow, he said, that he knew people thatwere more guilty than any that were putt in prison. Upon thisinformation, Crawford was seized, and being examined, it appeared, thatwhen the mob begun, as he was comeing down from the steeple, the mob tookthe keys from him; that he was that night in several corners, and didindeed delate severall persons whom he saw there, and immediatelywarrands were despatched, and it was found they had absconded and fled.But there was no evidence against him of any kind. Nay, on the contrary,it appeared, that he had been with the Magistrates in Clerk's, thevintner's, relating to them what he had seen in the streets. Therefore,after haveing detained him in prison ffor a very considerable time, hisMajestie's Advocate and Sollicitor signed a warrand for his liberation.
"There was also one James Wilson incarcerated in the said Tolbooth, uponthe declaration of one witness, who said he saw him on the streets with agun; and there he remained for some time, in order to try if a concurringwitness could be found, or that he acted any part in the tragedy andwickedness. But nothing farther appeared against him; and being seizedwith a severe sickness, he is, by a warrand signed by his Majestie'sAdvocate and Sollicitor, liberated upon giveing sufficient baill.
"As to King, enquiry was made, and the ffact comes out beyond allexception, that he was in the lodge at the Nether-Bow with Lindsay thewaiter, and several other people, not at all concerned in the mob. Butafter the affair was over, he went up towards the guard, and having metwith Sandie the Turk and his wife, who escaped out of prison, theyreturned to his house at the Abbey, and then 'tis very possible he mayhave thought fitt in his beer to boast of villany, in which he could notpossibly have any share for that reason; he was desired to find baill andhe should be set at liberty. But he is a stranger and a fellow of veryindifferent character, and 'tis believed it won't be easy for him to findbaill. Wherefore, it's thought he must be sett at liberty without it.Because he is a burden upon the Government while kept in confinement, notbeing able to maintain himself.
"What is above is all that relates to persons in custody. But there arewarrands out against a great many other persons who had fled,particularly against one William White, a journeyman baxter, who, by theevidence, appears to have been at the beginning of the mob, and to havegone along with the drum, from the West-Port to the Nether-Bow, and issaid to have been one of those who attacked the guard, and probably wasas deep as any one there.
"Information was given that he was lurking at Falkirk, where he was born.Whereupon directions were sent to the Sheriff of the County, and awarrand from his Excellency Generall Wade, to the commanding officers atStirling and Linlithgow, to assist, and all possible endeavours were usedto catch hold of him, and 'tis said he escaped very narrowly, having beenconcealed in some outhouse; and the misfortune was, that those who wereemployed in the search did not know him personally. Nor, indeed, was iteasy to trust any of the acquaintances of so low, obscure a fellow withthe secret of the warrand to be putt in execution.
"There was also strong evidence found against Robert Taylor, servant toWilliam and Charles Thomsons, periwig-makers, that he acted as aneofficer among the mob, and he was traced from the guard to the well atthe head of Forester's Wynd, where he stood and had the appellation ofCaptain from the mob, and from that walking down the Bow before CaptainPorteus, with his Lochaber axe; and, by the description given of one whohawl'd the rope by which Captain Porteus was pulled up, 'tis believedTaylor was the person; and 'tis farther probable, that the witness whodebated Stirling had mistaken Taylor for him, their stature and age (sofar as can be gathered from the description) being the same.
"A great deal of pains were taken, and no charge was saved, in order tohave catched hold of this Taylor, and warrands were sent to the countrywhere he was born; but it appears he had shipt himself off for Holland,where it is said he now is.
"There is strong evidence also against Thomas Burns, butcher, that he wasane active person from the beginning of the mob to the end of it. Helurkt for some time amongst those of his trade; and artfully enough atrain was laid to catch him, under pretence of a message that had comefrom his father in Ireland, so that he came to a blind alehouse in theFlesh-market close, and, a party being ready, was, by Webster thesoldier, who was upon this exploit, advertised to come down. However,Burns escaped out at a back-window, and hid himself in some of the houseswhich are heaped together upon one another in that place, so that it wasnot possible to catch him. 'Tis now said he is gone to Ireland to hisfather who lives there.
"There is evidence also against one Robert Anderson, journeyman andservant to Colin Alison, wright; and against Thomas Linnen and JamesMaxwell, both servants also to the said Colin Alison, who all seem tohave been deeply concerned in the matter. Anderson is one of those whoputt the rope upon Captain Porteus's neck. Linnen seems also to have beenvery active; and Maxw
ell (which is pretty remarkable) is proven to havecome to a shop upon the Friday before, and charged the journeymen andprentices there to attend in the Parliament close on Tuesday night, toassist to hang Captain Porteus. These three did early abscond, and,though warrands had been issued out against them, and all endeavours usedto apprehend them, could not be found.
"One Waldie, a servant to George Campbell, wright, has also absconded,and many others, and 'tis informed that numbers of them have shiptthemselves off ffor the Plantations; and upon an information that a shipwas going off ffrom Glasgow, in which severall of the rogues were totransport themselves beyond seas, proper warrands were obtained, andpersons despatched to search the said ship, and seize any that can befound.
"The like warrands had been issued with regard to ships from Leith. Butwhether they had been scard, or whether the information had beengroundless, they had no effect.
"This is a summary of the enquiry, ffrom which it appears there is noprooff on which one can rely, but against M'Lauchlan. There is a prooffalso against Braidwood, but more exceptionable. His Majestie's Advocate,since he came to town, has join'd with the Sollicitor, and has done hisutmost to gett at the bottom of this matter, but hitherto it stands as isabove represented. They are resolved to have their eyes and their earsopen, and to do what they can. But they laboured exceedingly against thestream; and it may truly be said, that nothing was wanting on their part.Nor have they declined any labour to answer the commands laid upon themto search the matter to the bottom."
