John Duke of Argyle and the Earl of Stair were at this time young men in

the army; and being determined that the inconsiderate officers should

not be thus ruined by the artifices of Charteris, they applied to the

Earl of Orkney, who was also in the army then quartered at Brussels,

representing the destruction that must ensue to young men serving in the

army, if Charteris were permitted to continue the line, of conduct which

he had adopted unchecked.

The Earl of Orkney, anxious for the credit of the army in general, and

his countrymen in particular, represented the state of the case to the

Duke of Marlborough, who gave orders that Charteris should be put under

arrest and tried by court-martial. The court was composed of an equal

number of English and Scotch officers, in order that the accused might

have no reason to complain of his trial; and after a full hearing of all

the circumstances against him, he was sentenced to return the money

which he had obtained by his guilty artifices, to be deprived of his

commission, and his sword having been broken, to be drummed out of the

regiment.

This sentence having been carried out to its fullest extent, the

degraded officer returned to Scotland; but there, by means of the most

servile submission and the use of the money which he possessed, he

procured for himself a new commission in a regiment of horse, in which

he was eventually advanced to the rank of colonel.

The lesson which he had received, one would have thought would have been

sufficient to deter him from a renewal of those artifices in the

employment of which he had been detected; but every day served to

furnish him with new victims among the young men of rank and fashion, to

whom, by his standing in the army, he contrived to procure

introductions. Nor was his character infamous only on account of the

dishonesty of his proceedings, but he soon obtained an unenviable

notoriety on account of the unprincipled boldness with which he

conducted his libidinous amours. Agents were employed, whose duty it was

to procure new subjects for the horrid desires of their master, and the

most extraordinary and unhallowed devices were employed by them to

secure the object which they had in view. Public disgust was excited in

the highest degree by the open daring with which these proceedings were

carried on, and at length the name and character of this abominable

libertine became so notorious as to render him the object of universal

detestation and disgust.

Among other unfortunate young women who fell into the hands of this

villain, was one whose name was Anne Bond. She was a girl of respectable

connexions, and being in search of employment as a servant, her bad

fortune threw her into the way of the agents of Charteris. She was

possessed of considerable personal attractions, and she was employed

under a representation that her master was a Colonel Harvey. A few days,

however, served to inform her of the name of the person into whose hands

she had fallen. Her master professed to behave towards her with great

kindness and consideration; but within a week after she had entered his

employment, he made to her a proposition of a most disgusting nature.

She repelled the foul temptation, and her fears being alarmed by the

circumstance, she was confirmed in a determination, at which she had

nearly arrived, to quit the service in which she was employed, by

hearing on the following day that her master was no other than the

Colonel Charteris of whose character she, in common with the world, had

heard so much. She therefore immediately acquainted the housekeeper with

her intention to leave the house; but the colonel having been informed

of the circumstance, he behaved towards her with great violence, and

threatened that if she dared to run away, he would shoot her. He then

ordered the other servants to take care that she did not escape, and on

the following day proceeded to the accomplishment of the design by

force, in which he had failed to succeed by stratagem. He ordered her to

be sent into the parlour by the clerk of the kitchen, and then desiring

her to stir the fire, he threw her down, and having stopped her mouth

with his nightcap, he completed an offence which subjected him to

capital punishment. The girl, on recovering her position, threatened to

prosecute him, and then he beat her most unmercifully with a horsewhip,

and calling the clerk of the kitchen, bid him turn her out of doors,

alleging that she had robbed him of thirty guineas. His orders having

been directly obeyed, the girl proceeded forthwith to prefer an

indictment for the assault which had been committed; but the Grand Jury

finding that the colonel had, in reality, been guilty of a capital

offence, they at once returned a true bill on that charge.

Colonel Charteris was immediately taken into custody for the crime

alleged against him and lodged in Newgate, where he was loaded with

heavy fetters; but having, through the instrumentality of his friends,

procured a writ of _habeas corpus_, he was admitted to bail.

The trial took place at the Old Bailey on the 25th of February, 1730,

when every effort was used to traduce the character of the prosecutrix,

with a view to destroy the force of her evidence; but, happily, her

character was so fair, and there was so little reason to think that she

had any sinister view in the prosecution, that every artifice failed,

and, after a long trial, in which the facts were proved to the

satisfaction of the jury, a verdict of guilty was returned, and the

Colonel received sentence to be executed in the customary form. The same

interest which had before been employed on behalf of this villain was

now again made use of; and upon the settlement of a handsome annuity

upon the prosecutrix, he received a pardon from the King. He soon found,

however, that London was no longer a place in which he could appear,

unless to be pointed at with the finger of scorn; and he retired to

Edinburgh, where, after a lapse of two years, he died in a miserable

manner, the victim of his own dissolute and hateful passions.

His vices were so notorious, that it was not without great difficulty

that his body was committed to the grave. The place appointed for the

reception of his remains was the family vault in the church of the

Greyfriars in Edinburgh; but the mob having assembled, they made a

violent effort to obtain possession of his coffin, with a view to tear

it and its contents to pieces, and committed a variety of other

irregularities, in honest contempt of the detestable character which he

bore. At the time of his death, he was possessed of very large estates

in England and Scotland, the produce of many usurious transactions, to

which he was a party during the latter portion of his life. He was

married to the daughter of Sir Alexander Swinton, of Scotland, by whom

he had one daughter, who was afterwards united to the Earl of Wemyss.

Soon after Charteris was convicted, a fine mezzotinto print of him was

published, representing him standing at the bar of the Old Bailey with

his thumbs tied; at the bottom of which was the following inscription:

Blood!---- must a colonel, with a lord's estate,

Be thus obnoxious to a scoundrel's fate?

Brought to the bar, and sentenced from the bench,

Only for ravishing a country wench?

Shall men of honour meet no more respect?

Shall their diversions thus by laws be check'd?

Shall they be accountable to saucy juries

For this or t'other pleasure?--hell and furies!

What man through villany would run a course,

And ruin families without remorse,

To heap up riches--if, when all is done,

An ignominious death he cannot shun?

A most severe but just description of the character of Charteris was

afterwards written by Dr. Arbuthnot, who published it in the form of an

epitaph, as follows:--

HERE LIETH THE BODY OF

COLONEL DON FRANCISCO,

WHO, WITH AN

INFLEXIBLE CONSTANCY,

AND INIMITABLE UNIFORMITY

OF LIFE, PERSISTED, IN SPITE OF

AGE AND INFIRMITY, IN THE PRACTICE OF

EVERY HUMAN VICE, EXCEPTING PRODIGALITY

AND HYPOCRISY; HIS INSATIABLE AVARICE EXEMPTING

HIM FROM THE FIRST, AND HIS MATCHLESS IMPUDENCE FROM

THE LATTER. NOR WAS HE MORE SINGULAR IN THAT UNDEVIATING

VICIOUSNESS OF LIFE THAN SUCCESSFUL IN ACCUMULATING WEALTH,

HAVING, WITHOUT TRUST OF PUBLIC MONEY, BRIBE, WORTH, SERVICE,

TRADE, OR PROFESSION, ACQUIRED, OR RATHER CREATED, A MINISTERIAL ESTATE.

AMONG THE SINGULARITIES OF HIS LIFE AND FORTUNE, BE IT LIKEWISE

COMMEMORATED, THAT HE WAS THE ONLY PERSON IN HIS TIME

WHO WOULD CHEAT WITHOUT THE MASK OF HONESTY;

WHO WOULD RETAIN HIS PRIMEVAL MEANNESS, AFTER

BEING POSSESSED OF 10,000 POUNDS A YEAR;

AND WHO, HAVING DONE EVERY DAY OF

HIS LIFE SOMETHING WORTHY OF

A GIBBET, WAS ONCE CONDEMNED

TO ONE FOR WHAT HE

HAD NOT DONE.

THINK NOT, INDIGNANT READER, HIS LIFE USELESS TO MANKIND.

PROVIDENCE FAVOURED, OR RATHER CONNIVED AT, HIS

EXECRABLE DESIGNS, THAT HE MIGHT REMAIN, TO THIS

AND FUTURE AGES, A CONSPICUOUS PROOF AND

EXAMPLE OF HOW SMALL ESTIMATION

EXORBITANT WEALTH IS HELD IN

THE SIGHT OF THE ALMIGHTY,

BY HIS BESTOWING IT ON

THE MOST UNWORTHY OF ALL THE DESCENDANTS OF ADAM.

SARAH MALCOLM.

EXECUTED FOR MURDER.

This unhappy young woman, who at the period of her death was only

twenty-two years of age, was born of respectable parents, in the county

of Durham, in the year 1711; but her father having, through his

extravagance, spent the whole of the property which he possessed, she

was at length compelled to resort to what is commonly called

"servitude," for the means of subsistence. In this condition for several

years she conducted herself extremely well; but at length being employed

at the Black Horse, a low public-house in Boswell-court, near

Temple-bar, which up to the present day has been constantly the

notorious resort of persons of bad character, she formed connexions of

no very creditable class, by whom she was led on to her ruin. Having at

length quitted the Black Horse, she was recommended as a laundress to

take charge of chambers in the Inns of Court; and amongst those for whom

she there worked, was a Mrs. Lydia Duncomb, a lady nearly eighty years

of age, who occupied a set of chambers in the Temple; Elizabeth

Harrison, aged sixty, and Ann Price, aged seventeen, living with her in

the capacity of servants. This lady being reputed to be very rich, a

scheme was formed by Sarah Malcolm of robbing her chambers; her object

being, it was supposed, by the acquisition of wealth, to make herself a

fitting match for a young man named Alexander, who she hoped would marry

her.

The night of Saturday, 3d February, 1733, was fixed upon by her for the

commission of the robbery; and Martha Tracy, a woman of light character,

her paramour Alexander, and his brother, were to be her assistants in

the execution of the project. Malcolm, by means of her acquaintance with

the chambers, obtained possession of the keys of the outer door in the

course of the day, and at night the robbery was effected, but with it

the murder also of Mrs. Duncomb and her servants Harrison and Price. On

the Sunday morning some surprise was excited on its being observed that

none of Mrs. Duncomb's family were to be seen; and at length, as the day

advanced, great alarm was exhibited, and suspicions were entertained

that all was not right. Mrs. Love, Mrs. Rhymer, and Mrs. Oliphant,

friends of Mrs. Duncomb, assembled in the afternoon at the door of her

chambers, in obedience to an invitation which they had received to

dinner; but being unable to gain admittance by knocking, they at length

determined to force an entrance. One of the windows was resorted to for

this purpose, to which access was obtained from a neighbouring set of

chambers; and then, on Mrs. Oliphant going into Mrs. Duncomb's bed-room,

the old lady was found there strangled, while her servant Harrison was

discovered in an adjoining apartment also strangled, and the girl Price

was seen lying on her bed with her throat cut from ear to ear. The news

of this diabolical crime soon became published through the

neighbourhood; and the chambers of the deceased being examined, it was

found that they had been stripped of all the valuables which could be

easily carried away, consisting of money, silver plate, and other

articles of a similar description. In the course of the day some

circumstances transpired, tending to fix the suspicions of the police

upon the woman Malcolm; and upon her lodgings being searched, a silver

tankard, the handle of which was covered with blood, was found concealed

in a close-stool. She was in consequence taken into custody, and having

undergone an examination on the following day before the magistrates,

she was committed to Newgate. Upon her entering the jail, she was

searched by Johnson, one of the turnkeys, who took from her a

considerable sum of money in gold and silver coin, and she admitted to

him that it was Mrs. Duncomb's. "But," added she, "I'll make you a

present of it if you will say nothing of the matter." The jailer took

possession of the money, but produced it to his superior officers,

acquainting them with the conversation which had passed. In the course

of the subsequent imprisonment of the unhappy woman, she frequently

conversed with Johnson upon the subject of the murder, and admitted that

she had arranged the robbery, although she declared that she had had

nothing to do with putting Mrs. Duncomb and her servants to death. She

asserted that two men and a woman were concerned with her, and that she

watched on the stairs while they entered the chambers.

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 500_l._; 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,

found the prisoner guilty, and he was sentenced to death; but the King

being then at Hanover, the Queen, by advice of her council, granted a

respite to the prisoner. The subsequent execution of the sentence was

prevented by the measures taken by the mob, by whom a scheme of revenge

such perhaps as is unprecedented, was planned and carried out.

On the 7th of September, between nine and ten o'clock in the evening, a

large body of men entered the city, and seized the arms belonging to the

guard; they then patrolled the streets, crying out, "All those who dare

revenge innocent blood, let them come here;" and they closed the gates,

and placed guards at each, so as to prevent ingress or egress.

The main body of the mob, all disguised, marched in the mean time to the

prison; when finding some difficulty in breaking open the door with

hammers, they immediately set fire to it, taking great care that the

flames should not extend beyond their proper bounds. The outer door was

hardly consumed before they rushed in, and ordering the keeper to open

the door of the captain's apartment, cried out, "Where is the villain

Porteous?" He replied, "Here I am; what do you want with me?" To which

they answered, that they meant to hang him in the Grass-market, the

place where he had shed so much innocent blood. His expostulations were

all in vain; they seized him by the legs and arms, and dragged him

instantly to the place of execution. On their arrival they broke open a

shop to find a rope suitable to their purpose, which they immediately

fixed round his neck; and then, throwing the other end over a dyer's

pole, they hoisted him up. He endeavoured to save himself, and fixed his

hands between the halter and his neck; but this being observed by some

of the mob, one of them struck him with an axe, and this obliging him to

quit his hold, they soon put an end to his life.

When they were satisfied that he was dead, they immediately dispersed to

their several habitations, unmolested themselves, and without molesting

any one else.

Upon this circumstance being made known, a royal proclamation was

issued, offering a large reward for the apprehension of the offenders;

and the magistrates of Edinburgh were summoned to answer for their

neglect in not quelling the riot, were fined, and rendered incapable of

acting again in any judicial capacity. The circumstance of the death of

Porteous, however, appeared to have afforded the people so much

satisfaction, that no further attempt was made to discover the leaders

of the fray.

JOHN RICHARDSON AND RICHARD COYLE.

EXECUTED FOR PIRACY AND MURDER.

The Chronicles of Crime or The New Newgate Calendar. v. 1/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841. · 第 11 / 83 段