The proofs were as follow:—

James Porteous, apothecary in Edinburgh, deposed that, in the beginning

of September last, he was one evening in the streets of Portsburgh,

between nine and ten o’clock, in company with three other persons, of

whom the prisoner was one. The prisoner went to a house to call for his

cloak, and the deceased, with two other soldiers, came up with the

deponent and his companions, who asked of them what o’clock it was. He

cannot be positive what answer they made; but the prisoner, who was a

little way behind them, called the soldiers foul names. The soldiers

asked what he said, and he repeated the words, calling at the same time

to his companions to beat the soldiers. The soldiers then drew their

bayonets, passed by the deponent and his companions, and went up to the

prisoner, who advanced to them, and, when he was within sword’s length

of them, drew it, and within a quarter of an hour the deponent heard one

cry “Murder!” That same evening he called at the prisoner’s lodging,

whom he found in deep concern, declaring that he had given the soldier a

stab and he was afraid that it would prove mortal. At the same time he

drew his sword, and spit upon it, endeavouring to wipe the blood off it.

The prisoner came next morning to the deponent’s chamber, told him he

had been at Lauriston (the estate and castle of the famous John Law,

near Edinburgh), and there was very bad news: the soldier was dead.

John Hall, writer in Edinburgh, was returning from the country one

evening in the beginning of September, with the prisoner and other two

comrades. When they came nigh the West Port, the prisoner went to a

house for his cloak. In the meantime three soldiers came up with the

defendant and his companions. He cannot be sure what answer the soldiers

made when asked what o’clock it was; but the prisoner called out to

them, “You rascals, what answer is that to give to gentlemen?” On this

the soldiers drew their bayonets, passed the witness, and went up to the

prisoner. In a little he heard the clashing, and saw the glancing of

swords, upon which he went up to the combatants, and relieved the

prisoner of one of the soldiers with whom he was engaged, and very soon

after he heard one cry “Murder!” He then went off, and on his way he

called at the house of one Widow Lindsay, who told him that the prisoner

had been there with his sword drawn, and had left word that he had gone

home, whither the witness followed him. He found him sitting pensive and

exceeding sorrowful, expressing his fears that the soldier had got a

mortal wound. One deponent saw blood on his sword, went with him next

day to Lauriston, and, when they heard that the soldier was dead, the

prisoner clapped his hand on his thigh and was greatly agitated.

Two surgeons swore that they found the deceased run through the body

with a small sword; that the wound was mortal, and he died of it the

next day.

The jury found the pannel guilty of manslaughter. The Court sentenced

him to be hanged, and his personal estate to be forfeited.

This was certainly a harsh sentence, for the prisoner was clearly not

guilty of that killing which amounted to and merited the penalty of

murder; and so Mr. Arnot thinks; for in his work he observes on this

trial, that “to condemn an innocent man to death by the sentence and

forms of law has been looked upon as one of the greatest of moral

evils.”

It is satisfactory to find that in a few years after this gloomy period

a better feeling arose between civilians and the military in England and

Scotland. The splendid victories of Marlborough brought back the old

_prestige_ that attached to British troops, and made the people again

look on them, in the light they have ever since done, as the gallant and

glorious supporters of the might and fame of the British empire.

Celebrated naval and military trials · 第 16 / 52 题