At her trial, when called on for her defence, she made a similar declaration, and stated that Tracy and the two Alexanders were her companions; but she still persisted in her allegation of her ignorance of the murder, until its being discovered by Mrs. Oliphant on the day after it was committed. A verdict of guilty was, however, returned, and the wretched woman was ordered for execution.
After her conviction she evinced the most sincere penitence, but still persisted in her refusal to confess herself guilty of the whole crime with which, she was charged. Upon the bellman[6] coming to her in the customary manner, she attended anxiously to what he said, and at the conclusion of his address threw him a shilling to buy wine.
On the morning of execution, March 7, 1733, she appeared more composed than she had been for some time past, and seemed to join in prayers with the Ordinary, and another gentleman who attended, with much sincerity. When in the cart, she wrung her hands and wept most bitterly.
At the place of execution, near Fetter-lane, she behaved with the utmost devoutness and resignation to the Divine will; but when the Ordinary, in his prayers, recommended her soul to God, she fainted, and with much difficulty recovered her senses. On the cart driving off, she turned towards the Temple, crying out, “Oh! my mistress, my mistress! I wish I could see her!” and then, casting her eyes towards heaven, called upon Christ to receive her soul.
CAPTAIN JOHN PORTEOUS.
CONVICTED OF MURDER, AND MURDERED BY THE MOB.
THE case of this offender has attracted considerable attention, from the scene of his death being described with accurate fidelity in Sir Walter Scott’s novel of “The Heart of Mid-Lothian.”
John Porteous was born of indigent parents near the city of Edinburgh; and he served his time as an apprentice to a tailor. Having worked at his trade for some time, he was married to the cast mistress of the late Lord Provost of Edinburgh, who settled upon them a sum of 500l.; but our hero, being a man addicted to the pursuit of pleasure, soon ran through his money, and his wife was in consequence obliged to apply to her old friend, the provost, to make some other provision for them. In Edinburgh there were three companies of men, in number twenty-five each, who were employed to keep the peace, and perform the general duties of a police force. An officer was appointed to each of these companies (whom they styled captain) with a salary of eighty pounds a year, and a suit of scarlet uniform; and a vacancy happening by the death of one of these captains, the provost immediately appointed Porteous to fill up the place. The latter soon distinguished himself by a show of great daring; and if a riot occurred in the city, he was generally chosen by the magistrates to suppress it. On these occasions, however, he would frequently behave with great violence and cruelty, so that he failed in obtaining that respect and attention which were so peculiarly necessary for a person in his situation.
The circumstances attending the condemnation and death of Porteous were as follows:—Two fellows named Wilson and Robertson, who were daring smugglers, having been found guilty of a very serious breach of the revenue laws, were sentenced to die; and a strong feeling existing in their favour among the people, it was apprehended that it was very possible that an attempt might be made to rescue them from custody. Robertson, however, made his escape before the period arrived for his execution, by taking advantage of an opportunity afforded, by a custom which then prevailed, of taking the condemned criminals to church under the care of the city guards; and although Porteous was instantly despatched in search of him, his inquiries were in vain, and the criminal afterwards made good his flight to Holland. On the following Wednesday the execution of Wilson was appointed to take place, and a temporary gallows was erected in the Grass-market, the prisoner being ordered to be conducted there by fifty men, under the command of Porteous. Upon the representations of the latter, five companies of the Welch Fusileers were ordered to be in readiness in the Lawn-market to prevent any sudden outbreak; but no disturbance arising, the prisoner finished his devotions, ascended the ladder, and after having been turned off, continued hanging the usual time. The hangman then went up the ladder to cut him down; but a stone struck him on the nose, and caused it to bleed. This stone was immediately followed by many others; at which Porteous was so much exasperated, that he instantly called out to his men, “Fire, and be d——d!” discharging his own piece at the same time, and shooting a young man, who was apprentice to a confectioner, dead on the spot. Some of the soldiers more humanely fired over the heads of the people, but unfortunately killed two or three persons who were looking out at the windows; while others of them wantonly fired amongst the feet of the mob, by which many were so disabled as to be afterwards obliged to suffer amputation. Porteous now endeavoured to draw off his men, as the mob grew exceedingly outrageous, throwing stones, and continuing to press on the soldiers; but having gone some distance, he turned about with two of his men and fired, killing three more of the people.
Porteous, being assisted by the Fusileers, at last conducted his men to the guard; when being sent for by the provost, he passed a long examination, and was committed to prison in order to take his trial for murder.
On the 6th of July, 1736, the trial came on before the lords of justiciary previously to which Porteous made a judicial confession, that the people were killed as mentioned in the indictment, but pleaded self-defence. His counsel then stated the following point of law, to be determined by the judges previously to the jury being charged with the prisoner:—
“Whether a military officer, with soldiers under his command, who, being assaulted by the populace, should fire, or order his men to fire, was not acting consistently with the nature of self-defence, according to the laws of civilised nations?”
The counsel for the prosecution being ordered to plead to the question, the court pronounced as their opinion, “That if it was proved that Captain Porteous either fired a gun, or caused one or more to be fired, by which any person or persons was or were killed, and if the said firing happened without orders from a magistrate properly authorised, then it would be murder in the eye of the law.”
Thus the question being decided against him and the jury empanelled, forty-four witnesses were examined for and against the prosecution.
The prisoner being then called on for his defence, his counsel insisted that the magistrates had ordered him to support the execution of Wilson, and repel force by force; and that being apprehensive of a rescue, powder and ball had been given to his men for the said purpose, with orders to load their pieces. They said, also, that he only meant to intimidate the people by threats, and actually knocked down one of his own men for presenting his piece; that finding the men would not obey orders, he drew off as many as he could; that he afterwards heard a firing in the rear contrary to his directions; that in order to know who had fired, he would not suffer their pieces to be cleaned till properly inspected; and that he never attempted to abscond, though he had the greatest opportunity, and might have effected his escape with the utmost ease. They farther insisted, that, admitting some excesses had been committed, it could not amount to murder, as he was in the lawful discharge of his duty; neither could it be supposed to be done with premeditated malice.
In answer to this the counsel for the crown argued, that the trust reposed in the prisoner ceased when the execution was over; that he was then no longer an officer employed for that purpose for which the fire-arms had been loaded; and that the reading of the Riot Act only could justify his firing in case a rescue had been actually attempted.
The prisoner’s counsel replied, that the magistrates, whose duty it was to have read the Act, had deserted the soldiery, and taken refuge in a house for their own security; and that it was hard for men to suffer themselves to be knocked on the head, when they had lawful weapons in their hands.
The jury having been charged, after sometime occupied in consideration,