The Heart of Mid-Lothian, Volume 2 by Walter Scott (best ereader under 100 txt) 📖

"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 examined 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