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 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
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 close, 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.
"The like warrands had been issued with regard to ships from Leith. But
whether they had been scard, or whether the information had been
groundless, they had no effect.
"This is a summary of the enquiry, ffrom which it appears there is no
prooff on which one can rely, but against M'Lauchlan. There is a prooff
also against Braidwood, but more exceptionable. His Majestie's Advocate,
since he came to town, has join'd with the Sollicitor, and has done his
utmost to gett at the bottom of this matter, but hitherto it stands as is
above represented. They are resolved to have their eyes and their ears
open, and to do what they can. But they laboured exceedingly against the
stream; and it may truly be said, that nothing was wanting on their part.
Nor have they declined any labour to answer the commands laid upon them
to search the matter to the bottom."