by Walter Scott
It is worth mentioning, that an act of beneficence celebrated the demolition of the Heart of Mid-Lothian. A subscription, raised and applied by the worthy Magistrate above mentioned, procured the manumission of most of the unfortunate debtors confined in the old jail, so that there were few or none transferred to the new place of confinement.
[The figure of a Heart upon the pavement between St. Giles's Church and the Edinburgh County Hall, now marks the site of the Old Tolbooth.]
NOTE D—THE PORTEOUS MOB.
The following interesting and authentic account of the inquiries made by Crown Counsel into the affair of the Porteous Mob, seems to have been drawn up by the Solicitor-General. The office was held in 1737 by Charles Erskine, 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 shows how profound the darkness must have been, which so much investigation could not dispel.
"Upon the 7th of September last, when the unhappy wicked murder of Captain Porteus was committed, His Majesty's Advocate and Solicitor were out of town; the first beyond Inverness, and the other in Annandale, not far from Carlyle; neither of them knew anything of the reprieve, nor did they in the least suspect that any disorder was to happen.
"When the disorder happened, the magistrates and other persons concerned in the management of the town, seemed to be all struck of a heap; and whether, from the great terror that had seized all the inhabitants, they thought ane immediate enquiry would be fruitless, or whether, being a direct insult upon the prerogative of the crown, they did not care rashly to intermeddle; but no proceedings was had by them. Only, soon after, ane express was sent to his Majestie's Solicitor, who came to town as soon as was possible for him; but, in the meantime, the persons who had been most guilty, had either ran off, or, at least, kept themselves upon the wing until they should see what steps were taken by the Government.
"When the Solicitor arrived, he perceived the whole inhabitants under a consternation. He had no materials furnished him; nay, the inhabitants were so much afraid of being reputed informers, that very few people had so much as the courage to speak with him on the streets. However, having received 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 ane enquiry, gropeing in the dark. He had no assistance from the magistrates worth mentioning, but called witness after witness in the privatest manner, before himself in his own house, and for six weeks time, from morning to evening, went on in the enquiry without taking the least diversion, 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 of no clerk, but wrote all the declarations with his own hand, to encourage them to speak out. After all, for some time, he could get nothing but ends of stories which, when pursued, broke off; and those who appeared and knew anything of the matter, were under the utmost terror, lest it should take air that they had mentioned any one man as guilty.
"During the course of the enquiry, the run of the town, which was strong for the villanous actors, begun to alter a little, and when they saw the King's servants in earnest to do their best, the generality, who before had 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 was under some difficulty how to proceed. He very well saw that the first warrand that was issued out would start the whole gang; and as he had not come at any of the most notorious offenders, he was unwilling, upon the slight evidence he had, to begin. However, upon notice given him by Generall Moyle, that one King, a butcher in the Canongate, had boasted, in presence of Bridget Knell, a soldier's wife, the morning after Captain Porteus was hanged, that he had a very active hand in the mob, a warrand was issued out, and King was apprehended, and imprisoned in the Canongate Tolbooth.
"This obliged the Sollicitor immediately to take up those against whom he had any information. By a signed declaration, William Stirling, apprentice to James Stirling, merchant in Edinburgh, was charged as haveing been at the Nether-Bow, after the gates were shutt, with a Lochaber-ax or halbert in his hand, and haveing begun a huzza, marched upon the head of the mob towards the Guard.
"James Braidwood, son to a candlemaker in town, was, by a signed declaration, charged as haveing been at the Tolbooth door, giveing directions to the mob about setting fire to the door, and that the mob named him by his name, and asked his advice.
"By another declaration, one Stoddart, a journeyman smith, was charged of having boasted publickly, in a smith's shop at Leith, that he had assisted in breaking open the Tolbooth door.
"Peter Traill, a journeyman wright, (by one of the declarations) was also accused of haveing lockt the Nether-Bow Port, when it was shutt by the mob.
"His Majestie's Sollicitor having these informations, implored privately such persons as he could best rely on, and the truth was, there were very few in whom he could repose confidence. But he was, indeed, faithfully served by one Webster, a soldier in the Welsh fuzileers, recommended him by Lieutenant Alshton, who, with very great address, informed himself, and really run some risque in getting his information, concerning the places where the persons informed against used to haunt, and how they might be seized. In consequence of which, a party of the Guard from the Canongate was agreed on to march up at a certain hour, when a message should be sent. The Sollicitor wrote a letter and gave it to one of the town officers, ordered to attend Captain Maitland, one of the town Captains, promoted to that command since the unhappy accident, who, indeed, was extremely diligent and active throughout the whole; and haveing got Stirling and Braidwood apprehended, dispatched the officer with the letter to the military in the Canongate, who immediately begun their march, and by the time the Sollicitor had half examined the said two persons in the Burrow-room, where the Magistrates were present, a party of fifty men, drums beating, marched into the Parliament close, and drew up, which was the first thing that struck a terror, and from that time forward, the insolence was succeeded by fear.
"Stirling and Braidwood were immediately sent to the Castle and imprisoned. That same night, Stoddart, the smith, was seized, and he was committed to the Castle also; as was likewise Traill, the journeyman wright, who were all severally examined, and denyed the least accession.
"In the meantime, the enquiry was going on, and it haveing cast up in one of the declarations, that a hump'd backed creature marched with a gun as one of the guards to Porteus when he went up to the Lawn Markett, the person who emitted this declaration was employed to walk the streets to see if he could find him out; at last he came to the Sollicitor and told him he had found him, and that he was in a certain house. Whereupon a warrand was issued out against him, and he was apprehended and sent to the Castle, and he proved to be one Birnie, a helper to the Countess of Weemys'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 was apprehended and likewise committed to the Castle.
"And these were all the prisoners who were putt under confinement in that place.
"There were other persons imprisoned in the Tolbooth of Edinburgh, and severalls against whom warrands were issued, but could not be apprehended, whose names and cases shall afterwards be more particularly taken notice of.
"The ffriends of Stirling made an application to the Earl of Islay, Lord Justice-Generall, setting furth, that he was seized with a bloody fflux; that his life was in danger; and that upon ane examination of witnesses whose names were given in, it would appear to conviction, that he had not the 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's Sollicitor, who e
xamined the witnesses; and by their testimonies it appeared, 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 public house in Stephen Law's closs, near the back of the Guard, where they all remained untill the noise came to the house, that the mob had shut the gates and seized the Guard, upon which the company broke up, and he, and one of his companions, went towards his master's house; and, in the course of the after examination, there was a witness who declared, nay, indeed swore (for the Sollicitor, by this time, saw it necessary to put those he examined upon oath), that he met him [Stirling] after he entered into the alley where his master lives, going towards his house; and another witness, fellow-prentice with Stirling, declares, that after the mob had seized the Guard, he went home, where he found Stirling before him; and, that his master lockt the door, and kept them both at home till after twelve at night: upon weighing of which testimonies, and upon consideration had, That he was charged by the declaration only of one person, 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 to baill by the Lord Justice-Generall, by whose warrand he was committed.
"Braidwood's friends applyed in the same manner; but as he stood charged by more than one witness, he was not released—tho', indeed, the witnesses adduced for him say somewhat in his exculpation—that he does not seem to have been upon any original concert; and one of the witnesses says he was along with him at the Tolbooth door, and refuses what is said against him, with regard to his having advised the burning of the Tolbooth door. But he remains still in prison.
"As to Traill, the journeyman wright, he is charged by the same witness who declared against Stirling, and there is none concurrs with him and, to say the truth concerning him, he seemed to be the most ingenuous of any of them whom the Solicitor examined, and pointed out a witness by whom one of the first accomplices was discovered, and who escaped when the warrand was to be putt in execution against them. He positively denys his having shutt the gate, and 'tis thought Traill ought to be admitted to baill.
"As to Birnie, he is charged only by one witness, who had never seen him before, nor knew his name; so, tho' I dare say the witness honestly mentioned him, 'tis possible he may be mistaken; and in the examination of above 200 witnesses there is no body concurrs with him, and he is ane insignificant little creature.
"With regard to M'Lauchlan, the proof is strong against him by one witness, that he acted as a serjeant, or sort of commander, for some time, of a Guard, that stood cross between the upper end of the Luckenbooths and the north side of the street, to stop all but friends from going towards the Tolbooth; and by other witnesses, that he was at the Tolbooth door with a link in his hand, while the operation of beating and burning it was going on; that he went along with the mob with a halbert in his hand, untill he came to the gallows stone in the Grassmarket, and that he stuck the halbert into the hole of the gallows stone: that afterwards he went in amongst the mob when Captain Porteus was carried to the dyer's tree; so that the proof seems very heavy against him.
"To sum up this matter with regard to the prisoners in the Castle, 'tis believed there is strong proof against M'Lauchlan; there is also proof against Braidwood. But, as it consists only in emission of words said to have been had by him while at the Tolbooth door, and that he is ane insignificant pitifull creature, and will find people to swear heartily in his favours, 'tis at best doubtfull whether a jury will be got to condemn him.
"As to those in the Tolbooth of Edinburgh, John Crawford, who had for some time been employed to ring the bells in the steeple of the New Church of Edinburgh, being in company with a soldier accidentally, the discourse falling in concerning the Captain Porteus and his murder, as he appears to be a light-headed fellow, he said, that he knew people that were more guilty than any that were putt in prison. Upon this information, Crawford was seized, and being examined, it appeared, that when the mob begun, as he was comeing down from the steeple, the mob took the keys from him; that he was that night in several corners, and did indeed delate severall persons whom he saw there, and immediately warrands 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, the vintner's, relating to them what he had seen in the streets. Therefore, after haveing detained him in prison ffor a very considerable time, his Majestie's Advocate and Sollicitor signed a warrand for his liberation.
"There was also one James Wilson incarcerated in the said Tolbooth, upon the declaration of one witness, who said he saw him on the streets with a gun; and there he remained for some time, in order to try if a concurring witness could be found, or that he acted any part in the tragedy and wickedness. But nothing farther appeared against him; and being seized with a severe sickness, he is, by a warrand signed by his Majestie's Advocate and Sollicitor, liberated upon giveing sufficient baill.
"As to King, enquiry was made, and the ffact comes out beyond all exception, that he was in the lodge at the Nether-Bow with Lindsay the waiter, and several other people, not at all concerned in the mob. But after the affair was over, he went up towards the guard, and having met with Sandie the Turk and his wife, who escaped out of prison, they returned to his house at the Abbey, and then 'tis very possible he may have thought fitt in his beer to boast of villany, in which he could not possibly have any share for that reason; he was desired to find baill and he should be set at liberty. But he is a stranger and a fellow of very indifferent character, and 'tis believed it won't be easy for him to find baill. Wherefore, it's thought he must be sett at liberty without it. Because he is a burden upon the Government while kept in confinement, not being able to maintain himself.
"What is above is all that relates to persons in custody. But there are warrands out against a great many other persons who had fled, particularly against one William White, a journeyman baxter, who, by the evidence, appears to have been at the beginning of the mob, and to have gone along with the drum, from the West-Port to the Nether-Bow, and is said to have been one of those who attacked the guard, and probably was as 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 a warrand from his Excellency Generall Wade, to the commanding officers at Stirling and Linlithgow, to assist, and all possible endeavours were used to catch hold of him, and 'tis said he escaped very narrowly, having been concealed in some outhouse; and the misfortune was, that those who were employed in the search did not know him personally. Nor, indeed, was it easy to trust any of the acquaintances of so low, obscure a fellow with the secret of the warrand to be putt in execution.
"There was also strong evidence found against Robert Taylor, servant to William and Charles Thomsons, periwig-makers, that he acted as ane officer among the mob, and he was traced from the guard to the well at the head of Forester's Wynd, where he stood and had the appellation of Captain from the mob, and from that walking down the Bow before Captain Porteus, with his Lochaber axe; and, by the description given of one who hawl'd the rope by which Captain Porteus was pulled up, 'tis believed Taylor was the person; and 'tis farther probable, that the witness who debated Stirling had mistaken Taylor for him, their stature and age (so far as can be gathered from the description) being the same.
"A great deal of pains were taken, and no charge was saved, in order to have catched hold of this Taylor, and warrands were sent to the country where 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 was ane active person from the beginning of the mob to the end of it. He lurkt for some time amongst those of his trade; and artfully enough a train was laid to catch him, under pretence of a message that had come from his father in Ireland, so that he came to a blind alehouse in the Flesh-market cl
ose, and, a party being ready, was, by Webster the soldier, who was upon this exploit, advertised to come down. However, Burns escaped out at a back-window, and hid himself in some of the houses which are heaped together upon one another in that place, so that it was not possible to catch him. 'Tis now said he is gone to Ireland to his father who lives there.
"There is evidence also against one Robert Anderson, journeyman and servant to Colin Alison, wright; and against Thomas Linnen and James Maxwell, both servants also to the said Colin Alison, who all seem to have been deeply concerned in the matter. Anderson is one of those who putt the rope upon Captain Porteus's neck. Linnen seems also to have been very active; and Maxwell (which is pretty remarkable) is proven to have come to a shop upon the Friday before, and charged the journeymen and prentices there to attend in the Parliament close on Tuesday night, to assist to hang Captain Porteus. These three did early abscond, and, though warrands had been issued out against them, and all endeavours used to 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 shipt themselves off ffor the Plantations; and upon an information that a ship was going off ffrom Glasgow, in which severall of the rogues were to transport themselves beyond seas, proper warrands were obtained, and persons despatched to search the said ship, and seize any that can be found.
