One of their Officers came next day to the Tower, and inculcated the same Doctrine into the Prisoners that the Stranger had done before, assuring them that they would all be liberate in a short time, when all Justice should be done them.
The Prisoners were examined before the Court Martial one by one; the Questions asked them were to this Purpose, Was you enlisted? Have you taken the Oaths? Have you received your Pay? Had you your Cloathing regularly? To all which they answered in the Affirmative: They were asked if they had any Complaints against their Officers, they all answered in the Negative, and in general pleaded nothing in Alleviation of their Crime before the Court Martial, but Inadvertency, and that they were moved to it by a Report which prevailed of their being sent to the West-Indies, and into a Climate destructive of their Health.
I cannot help in this Place to take notice of the remarkable Officiousness of this Stranger. He takes upon him without being asked, or the least apparent Interest in the Prisoners, to advise them in Matters of the last Consequence to them, their Lives and Reputation; has the Rashness to prejudge the Opinion of the Honourable the Court Martial in a Point of Law, which is at least a moot Point amongst the Lawyers themselves.
How unreasonable was it for any Man to pretend to determine what Weight any Plea would have before a Court of Judicature determining in a Case of Life and Death; and how unjust to the Prisoners, to advise them to conceal any Circumstance in their Case that might have the smallest Tendency towards alleviating their Crimes, or raising the smallest Motions of Compassion towards them in the Breasts of their Judges!
Suppose there had been but little Weight in the Plea of their Want of Pay, yet still it was a Circumstance closely connected with their Crime, without which it was impossible to form a just Judgment of the Heinousness of that Action. For it must be granted on the one hand, that a Soldier who deserts and cannot plead Want of Pay, etc., is less excusable, and consequently deserves a greater Degree of Punishment than he who has such a Pretence; this must be granted, tho’ it should be admitted on the other hand, that there is not so much in this Plea, as to skreen the Criminals totally from Punishment; But how much, or little is in it, is a Case few wise Men will determine dogmatically, especially against the Prisoner, since History, either antient or modern, does not afford any one Instance of Capital Punishments inflicted on Soldiers who mutinied for Want of Pay.
It is true, the Pay they want is but small; by their own Account ten or twelve shillings, some less, some a trifle more, which I mention out of Justice to the Officers, because it was currently reported in Town that the Deficiency was much more considerable. But however trifling this and their other Complaints may seem to Men not concerned, yet I cannot but reckon it barbarous to have advised them to conceal these Circumstances, the Relation of which could not be supposed to have been capable of making the Court Martial less merciful to the Prisoners, if it had not the contrary effect.
But however that Plea was waved, and did not fall under the cognizance of the Court Martial who made their Report, the Consequence of which was, that on Tuesday the 12th, a Warrant was directed by their Excellencies the Lords of the Regency to the Governor of the Tower, for the Execution of Samuel M‘Pherson, Malcolm M‘Pherson, both Corporals, and Farquar Shaw, a private Centinel, all three of the Number of the Deserters, upon Monday the 18th of July last.
Having thus impartially traced this Meeting from its Rise to this Period, it remains that we give some Account of the Character and Behaviour of these three unfortunate Criminals from the Intimation of their Sentence to their Execution.
Samuel M‘Pherson, aged about twenty-nine Years, unmarried, was born in the Parish of Laggan in Badenuck and Shire of Inverness; his Father still living, is Brother to M‘Pherson of Breachie, a Gentleman of a considerable Estate in that County, and is himself a Man of unblemished Reputation, and a plentiful Fortune.
Samuel was the only Son of a first Marriage, and received a genteel Education, having made some Progress in the Languages, and studied for some Time at Edinburgh with a Writer (that is, an Attorney), until about six Years ago he enlisted as a Volunteer in Major Grant’s Company, where he was much respected both by the Officers and private men, and was in a short Time made a Corporal.