It was strongly surmised that plots were laid for favouring Wilson's escape. It was well known that no blood had been shed at the robbery; that all the money and effects had been recovered, except a mere trifle; that Wilson had suffered severely in the seizure of his goods on several occasions by the revenue officers; and that, however erroneous the idea, he thought himself justified in making reprisals. Besides, Wilson's conduct had excited a very great sympathy in his favour; and the crime for which he was condemned was considered very venial at that time by the populace, who hated the malt-tax, and saw no more harm in smuggling, or in robbing a collector of excise, than in any matter of trifling importance. The magistrates of Edinburgh, in order to defeat all attempts at a rescue, lodged the executioner the day previous in the Tolbooth, to prevent his being carried off; the sentinels were doubled outside the prison; the officers of the trained bands were ordered to attend the execution, likewise the city constables with their batons; the whole city-guard, having ammunition distributed to them, were marched to the place of execution with screwed bayonets, and, to make all sure, at desire of the lord provost, a battalion of the Welch Fusiliers, commanded by commissioned officers, marched up the streets of the city, and took up a position on each side of the Lawnmarket; whilst another body of that corps was placed under arms at the Canongate guard. A little before two o'clock, Porteous came to receive Wilson, the prisoner, from the captain of the city prison. He was in a terrible rage, first against Wilson, who had affronted his soldiers, and next against the mob, who were charmed with Wilson's generous action in the church, and had favoured Robertson's escape. They are always on the side of humanity and mercy, unless they are engaged themselves. Porteous was also infuriated because the Welch Fusiliers had been brought to the Canongate, as if he and his guard had not been sufficient to keep down any riot within the city. The manacles were too little for Wilson's wrists, who was a strong, powerful man; when the hangman could not make them meet, Porteous flew furiously to them, and squeezed the poor man, who cried piteously during the operation, till he got them to meet, to the exquisite torture of the miserable prisoner, who told him he could not entertain one serious thought, so necessary to one in his condition, under such intolerable pain. "No matter," said Porteous, "your torment will soon be at an end." "Well," said Wilson, "you know not how soon you may be placed in my condition; God Almighty forgive you as I do."
This cruel conduct of Porteous' still more embittered the minds of the populace, who were sufficiently exasperated against him before, and the report of it was soon spread over town and country.
Porteous conducted Wilson to the gallows, where he died very penitent, but expressing more sorrow on account of the common frailties of life, than the crime for which he suffered. His body was given to his friends, who carried it over to Pathhead in Fife, where it was interred; George Robertson having, as we have seen, rashly attended the funeral before going abroad.
During the melancholy procession of the criminal and his guard, accompanied by the magistrates, ministers, and others from the Old Tolbooth, which stood in the Lawnmarket, to the scaffold, which was placed in the Grassmarket, there was not the slightest appearance of a riot, nor after Wilson had been suspended, until life was extinct, did the least manifestation of disturbance occur on the part of a vast crowd of people collected from town and country to witness the execution. The magistrates of Edinburgh had retired from the scaffold to a house close by—concluding, with reason, that as all was over with poor Wilson, no disturbance could then happen, and the executioner was actually on the top of the ladder, cutting Wilson down, when a few idle men and boys began to throw pebbles, stones, or garbage at him (a common practice at that time,) thinking he was treating the affair rather ludicrously; whereupon Captain Porteous, who was in very bad humour, became highly incensed, and instantly resented, by commanding the city-guard, without the slightest authority from the magistrates, and without reading the riot act or proclamation according to law, to fire their muskets, loaded with ball, and by firing his own fuzee among the crowd, by which four persons were killed on the spot, and eleven wounded, many of them dangerously, who afterwards died. The magistrates, ministers, and constables, who had retired to the first storey of a house fronting the street, were themselves in danger of being killed, a ball, as was discovered afterwards, having grazed the side of the window where they stood. The lord provost and magistrates immediately convened, and ordered Captain Porteous to be apprehended and brought before them for examination; after taking a precognition, his lordship committed Porteous to close imprisonment for trial for the crime of murder; and, next day, fifteen sentinels of the guard were also committed to prison, it clearly appearing, after a careful examination of the firelocks of the party, that they were the persons who had discharged their pieces among the crowd.
On the 25th of March 1736, Captain Porteous was put on trial, at the instance of the lord-advocate of Scotland, before the High Court of Justiciary, for the murder of Charles Husband, and twelve other persons, on the 14th of April preceding, being the day of the execution of Andrew Wilson; and after sundry steps of procedure, having been found, by the unanimous voice of the jury, guilty, he was, on the 20th of July following, sentenced to suffer death in the Grassmarket of Edinburgh, on Wednesday the 8th of September in the same year—that was, about five months after Wilson's execution.
On the 26th of August, the Duke of Newcastle, one of the secretaries of state, wrote a letter to the right honourable the lord justice-general, justice-clerk, and other lords of justiciary, of which the following is a copy:—"My lords, application having been made to her Majesty[G] in the behalf of John Porteous, late captain-lieutenant of the city-guard of Edinburgh, a prisoner under sentence of death in the gaol of that city, I am commanded to signify to your lordships her Majesty's pleasure, that the execution of the sentence pronounced against the said John Porteous be respited for six weeks from the time appointed for his execution. I am, my lords, your lordships' most obedient, humble servant, (Signed) Holles, Newcastle."
On receipt of this letter, the lords of justiciary granted warrant to the magistrates of Edinburgh for stopping the execution of Porteous till the 20th day of October following.
The effect of this respite on the minds of the people of Scotland was to induce the belief that the government did not intend to carry out the sentence of death against Porteous at all—that it was merely a preliminary step to his pardon and liberation—and that, so far from condemning him, the government had rather taken up a prejudice against the town of Edinburgh, on account of the proceedings, and in some measure against all Scotland. A number of persons, therefore, who were never discovered, resolved to take the matter into their own hands, and on the 7th of September 1736, a body of strangers, supposed to be from the counties of Fife, Stirling, Perth, and Dumfries, many of them landed gentlemen, entered the West Port of Edinburgh between nine and ten o'clock at night, and having seized the Portsburgh drummer by the way, brought along his drum with them, and his son. Some of them advancing up into the Grassmarket, commanded the drummer's son to beat to arms. They then called out, "Here! all those who dare to avenge innocent blood!" This probably was a signal for their associates to fall in. It was followed by instantly shutting up the gates of the city, posting guards at each, and flying sentinels at all places where a surprise might be expected, while a separate detachment threw themselves upon and disarmed the city-guard; and seizing the drum, beat about the High Street to notify their success so far at least. At that instant, a body of them proceeded to the Tolbooth, called for the keeper, and finding he was gone, fell a-breaking the door with fore-hammers; but making no great progress in that way, they got together a parcel of dried broom, whins, with other combustibles, and heaps of timber, and a barrel of pitch, all previously provided for the purpose, and taking the flambeaux or torches from the city officers, they set fire to the pile. When the magistrates appeared, they repulsed them with showers of stones, and threatened, if they continued in the streets and offered resistance, they would discharge platoons of fire-arms among them; and it is even reported they placed sentinels on the magistrates to watch their motions.
Upon the prison door taking fire, two gentlemen made up to the rioters, and remonstrated with them on the imminent danger of setting the whole neighbourhood on fire, insinuating that this outrage was likely to be deeply resented, and might bring them to trouble; to which it was answered that they should take care no damage should be done to the city, and that as to the rest, they knew their business, and that they (the gentlemen) might go about theirs.
Before the prison door was burnt down, several persons rushed through the flames, ran up stairs, demanded the keys from the keepers; and though they could scarcely see one another for the smoke, got into Captain Porteous' apartment, calling, "Where is the murdering villain?" He is said to have answered, "Gentlemen, I am here; but what are you going to do with me?" When they answered, "We are to carry you to the place where you shed so much innocent blood, and hang you." He begged for mercy, but they instantly seized and pulled him to the door in his bed-gown and cap; and as he struggled, they caught him by the legs and dragged him to the foot of the stair, while others set all the rest of the prisoners in the Tolbooth at liberty. As soon as Porteous was brought to the street, he was set on his feet, and some seized him by the breast, while others pushed behind. He was thus conducted to the Bow-head, where they stopped a moment, at the pressing solicitation of some of the citizens, on the pretence that he might die peaceably, but really that time might be gained, as they expected the Welch Fusiliers every moment from the Canongate, or that the garrison of the Castle would come to Porteous' relief. By this time some who appeared to be the leaders in the enterprise ordered him to march, and he was hurried down the Bow and to the gallows stone, where he was to kneel,—to confess his manifold sins and wickedness, particularly the destruction of human life he had committed in that place, and to offer up his petitions to Almighty God for mercy on his soul. After which, in a very few minutes, he was led to the fatal tree. A halter being wanting, they broke open a shop in the Grassmarket, and took out a coil of ropes, for which they left a guinea on the counter,[H] and threw the one end over a dyer's cross-trees close by the place of execution. On seeing the rope, Porteous made remonstrances, and caught hold of the tree, but being disengaged they set him down, and as the noose was about to be put over his head, he appeared to gather fresh spirit, struggling and wrenching his head and body. Here again some citizens appeared for him, telling that the troops being now in full march, they must all expect to be sacrificed, and that the artillery of the Castle would doubtless be discharged among them. They answered, "No man will die till his time come."