Chapter 17

Alexander Clerk, supervisor of excise at Cupar-Fife, being solemnly sworn, and depones time and place libelled, the deponent was lodged in the room next to Collector Stark, and went to bed about ten, and was wakened about twelve by persons rapping either at his door or that of the collector's; and heard a cry of "Murder the dogs and burn the house!" upon which the deponent swore that the first man that came in he would put a pair of balls in him. The deponent then put on some of his clothes and got out at a window at the backside of the house,[D] and walked to Anstruther, about a mile, and awakened the serjeant who commanded a small party of soldiers there, and with the serjeant and two of the soldiers set out for Pittenweem, and left orders for the rest of the party to follow as soon as possible. As they passed the entry to Sir John Anstruther's house in Easter-Anstruther,[E] they met with some men who having challenged the deponent, "Who comes there?" the deponent desired them to give an account of themselves, and upon their running off, the deponent ordered the soldiers to seize them, upon which the serjeant with his halbert hooked one of them, the rest escaping, which afterwards proved to be William Hall, one of the panels, and whom the deponent carried along with him to the excise office at Pittenweem, and having brought him into the house of Mrs Fowler, Jean Finlay, servant to Mrs Fowler, upon seeing the said Hall, said, "This is the villain that broke my head a little while ago;" and Thomas Durkie, another servant in the house, said, "This is one of the persons who robbed the collector the night;" and the soldiers who brought Hall produced a bag of linen and a bible which they said they had taken up as Hall had dropped them by the way; and William Geddes, clerk to the collector, did then say, "This is the collector's bible, and there are his linens," whereupon Hall confessed that he had been guilty of robbing the collector; and the deponent thereupon telling Hall that he was now _in for it_, and that the best way for him was to discover the rest, which, if he would do, the deponent would do his endeavours to get him made an evidence, and having then asked if he promised to get him a pardon? depones that he understood it so, but does not remember that he used the word _pardon_; upon which Hall told deponent he would get these other persons whom he named; remembers particularly that he named Andrew Wilson, panel, to have been one of them. That they had come upon four horses that morning from Kinghorn, and that he would find them all in the house of James Wilson in Anstruther-Easter, or in a house twenty yards on this side of it, which the deponent understood to be Bailie Andrew Johnston's.[F] By this time the rest of the party having come up from Anstruther, the deponent made some search for the collector, but could not find him, and thereafter the deponent carried up Hall to the room where the collector had lodged, the door of which he saw broken in the under part, and left Hall prisoner there in custody of some of the soldiers and the rest of the party, and Thomas Durkie and William Geddes. The deponent then went east to Anstruther in search of the rest of the robbers, and having surrounded the house of James Wilson there, he found three men in a room there, viz., Andrew Wilson and George Robertson, panels, and one John Friar, and having shown them to the above Thomas Durkie, he declared that they were two of the persons who had robbed the collector; upon which the deponent having applied to Bailies Robert Brown and Philip Millar, both in Anstruther-Easter, he got the accused committed to prison; and further depones that as the panels were being carried prisoners to Edinburgh, and while they were halting at Kirkcaldy, the deponent asked George Robertson, panel, what was become of the collector's purse of gold, George answered that Andrew Wilson, the other panel, told him that William Hall got the purse; upon which the deponent inquired at Hall about it, and added that unless he confessed and discovered where the purse was, he could not expect that the promises made would be kept to him; when after some entreaty Hall told deponent that he had dropped it upon being seized in a wet furr near a dung-hill, and accordingly the deponent went back to Pittenweem, and upon application to Bailie Andrew Fowler, of Pittenweem, and in his presence the purse was found near to a dung-hill between Anstruther-Wester and Pittenweem, in the spot described by Hall, with fifty-two guineas and a-half in it, which purse and gold was given to the deponent, and the purse exhibited in court being shown to him, he thinks it is the very same purse. And all this is truth, as he shall answer to God. (Signed) Alexander Clerk; Andrew Fletcher.

John Galloway, servant to Patrick Galloway, horse-hirer in Kinghorn, aged twenty-six, depones that at the time libelled, William Hall came to the deponent's master's house in Kinghorn, and desired him to get two horses, one for himself and one for the deponent, telling him that they were going to Anstruther to get some brandy; and that George Robertson and Andrew Wilson were to be their masters and pay their expenses; and desired him to go to the houses where they then were. The deponent having gone accordingly, and spoken to the said persons, George Robertson desired to get their horses ready, and Hall and the deponent to go before and they would overtake them; that about six o'clock at night they came to Anstruther-Easter, and set up their horses in James Wilson's house, where he found Andrew Wilson before him; and after they put up their horses they went to Andrew Johnston's there, where they found Robertson and Wilson drinking punch. Depones that the three panels and the deponent went from Anstruther to Pittenweem on foot, between ten and eleven o'clock at night. Depones that when they came to Pittenweem, he (the deponent), Hall, and Wilson went into a house, but does not know the name of the landlord, where they drank a bottle of ale, and it was agreed while they were there that Robertson and the other panel should walk on the street; that when they came out of that house, the three panels and the deponent went to Widow Fowler's house, where they drank some ale and brandy. Andrew Wilson having asked the landlady if she could lodge any casks of brandy for him, she desired him to speak low, because the collector was in the house; upon which Wilson said, Is he here? She answered, he was. Robertson, the panel, called for a reckoning, and all four went down stairs, at least went to the stair-head. Robertson, Hall, and the deponent went out to the street, and as the maid was going to shut the outer door, Andrew Wilson pushed it open and went in, upon which the deponent and William Hall went in also; and George Robertson drew his cutlass and stood at the outer door, saying that no person should go out or in of that house but upon the point of that weapon. Depones when they went in to the house they saw Andrew Wilson standing at the door of the room where the collector was lodged, and the lower part of the door broken; that upon seeing the door broken, he, the deponent, asked Wilson what it meant? or what he would be at? to which Wilson answered, that he had lost a great deal of money, and understood that there was some of it there, and was resolved to have it back again; upon which the deponent said to him, that he would have nothing to do in the matter. Depones that after the door of the collector's room was broken open as aforesaid, Andrew Wilson went into the room, and brought out a pair of breeches, and shewing them to the deponent, said, "Here is a good deal of money;" the deponent telling him that he would have nothing to do with it, the said Andrew took out several handfuls of money, and put it into the deponent's pocket; which money, except a few shillings, the deponent delivered back to the said Andrew Wilson in the house of James Wilson in Anstruther. Depones that Andrew Wilson went again into the room, and brought out a cloak-bag, which he desired the deponent to carry, which he refused to do. The said Andrew then carried the cloak-bag himself, till they came to the end of the town, together with a pair of pistols, which he then delivered to William Hall, who carried it half way to Anstruther, and then Andrew Wilson desired Hall to set it down, that they might see if there was any bank-notes in it; and Hall, having opened the cloak-bag, took out some linens and a bible, which he stowed about himself. That at the same time he saw Andrew Wilson take out of his pocket the pocket-book, out of which he took several bank-notes and put in his pocket, and then threw the pocket-book on the floor. Depones that Andrew Wilson and the deponent went out of Wilson's house, and threw one of the pistols and some linens which they had brought from Pittenweem in among some straw in a barn-yard; thereafter the deponent, Bailie Thomas Brown, Anstruther-Easter, and some soldiers, went to the place where the cloak-bag was left, and to the barn-yard where the pistols and linen were thrown, where they were all found. Being further examined, depones that as Wilson and Hall and the deponent were on the road from Pittenweem to Anstruther, a little to the west of Sir John Anstruther's house, they met Mr Clerk, the supervisor, and some soldiers, who, having challenged him who they were, one of the soldiers seized Hall with his halbert, upon which Andrew Wilson and the deponent made their escape. Depones that the cutlass now produced is the same that George Robertson had in his hand at Widow Fowler's house. _Causa scienticae patet._ And this is truth, as he shall answer to God, and depones he cannot write. (Signed) James Mackenzie.

Upon the indictment against the panels being read in court, they all pled "Not guilty," and certain defences were offered for them.

And first, in opposition to what the indictment alleged with regard to Andrew Wilson having formed a design to rob Collector Stark, and having taken Hall and Robertson, his associates, from Edinburgh that morning, it was stated that they did not set out from Edinburgh in company, but met upon the water in the passage between Leith and Kinghorn, where two of them, Wilson and Hall, were passing in a yawl, and Robertson was crossing in a passage boat; that instead of leaving Edinburgh and going to the East Neuk on the criminal design libelled, they had each of them lawful business in that part of the country, viz., for buying goods in which they ordinarily dealt, and which it was neither criminal nor capital to buy and sell; and particularly George Robertson, who kept an inn near Bristo Port in Edinburgh, where the Newcastle carriers commonly put up; that having occasion to buy liquors in the east of Fife, he agreed to take share of a cargo with Andrew Wilson, and with that view got a letter of credit from Francis Russell, druggist addressed to Bailie Andrew Waddell, Cellardyke, for the value of L50 sterling; and further, he carried with him an accepted bill of John Fullerton in Causeyside, to the like extent, as a fund of credit for the goods he might buy; and William Hall, the third panel, was a poor workman in Edinburgh, commonly attending the weigh-house, who was carried along to take care of and fetch home the goods; that accordingly, as soon as they came to Anstruther, and put up their horses at James Wilson's, they went to a respectable man, Bailie Johnston, and bought goods to the value of L46 10s., and whilst making the bargain they drank some quantity of liquor; that after this, not finding at Anstruther all the sorts of liquor they wanted to purchase, they went on foot to Pittenweem, when they first went to the house of ---- Drummond, another respectable merchant, and drank some time with him, desiring to buy some brandy of him, but he told them he could not furnish them at that time; that after this the panels went into the house of Widow Fowler, where, calling for a room, they were shown into the kitchen, and inquired at the landlady if she could furnish them any place for lodging the goods they had bought, and there they drank both ale and punch, till, with what they had got before at different places, they became all very drunk; that at this place it was told by the landlady or servants, in conversation, that there was money to a considerable value in the next room, and if any part of the facts libelled were committed by the panels, Wilson and Hall, it must have been done upon occasion of this purely accidental information, when they were insane from strong drink: it was more like a drunken frolic than a preconcerted robbery. As a further evidence of this fact, it appeared by the libel itself that they acted like persons in such a condition; for they, as well as the other panel Robertson, were all seized in an hour or two thereafter, before the effects of the liquor had worn off, and before they had time to come to themselves, and without any of them taking the most rational and obvious measures to make their escape.

As to the case of George Robertson, it is not said that the inhabitants gathered together upon the streets, came there to save or rescue what was contained in the room; on the contrary, it was admitted on debate that the inhabitants of small coast towns are not very ready on these occasions to lend their assistance to the officers of justice; and if George Robertson had truly said to the persons whom he met on the street that he was by fear obliged to leave the house, it might very possibly have been true, and an argument of his innocence, and therefore ought not to be turned into a circumstance of his guilt.

Our space will not admit of further argument. Suffice it to say that the jury unanimously found Andrew Wilson and William Hall guilty, and George Robertson art and part on the crimes libelled; and the Lords of Justiciary passed sentence of death on all three, which sentence they appointed to be executed on Wednesday the 14th of April 1736.

Leaving the criminals in the condemned cells, where they are to remain five weeks before being executed, let us, in the meanwhile, in order to the better understanding the case, and forming a clearer opinion in reference to the nature and origin of the Porteous mob--one of the most extraordinary events recorded in history, and which arose out of the trial and sentence against Andrew Wilson and the others before narrated--let us endeavour to give a brief sketch of Mr Porteous' history, from his birth till the time of which we write, namely, the recording of the sentence of death against Wilson and his associates.

John Porteous, one of the captains of the Edinburgh City Guard, was son of Stephen Porteous, a tailor in Canongate. The father held a fair character, and was esteemed a good honest man in the whole conduct of his life, his greatest misfortune was his having such a son as John.

The father early discovered in his son a perverseness of nature, and a proneness to commit mischievous and more than childish tricks. The mother, out of a blind affection for her child, took them all for growing proofs of spirit and manliness, and as marks of an extraordinary and sprightly genius.

Thus the family were divided upon the education of the son, and from being often thwarted in his measures about him, the father lost his authority, and for the peace of his family winked at the faults which the good man saw it his duty to correct. The loss of parental authority begot want of filial regard, so that the boy, shooting up with these vicious habits and disregard of the father, advanced from reproaches and curses to blows, whenever the unfortunate old man ventured to remonstrate against the folly and madness of his son's conduct.

The mother saw, when it was too late, what her misguided affection had produced, and how to her fond love in childhood the man made the base return of threatening language and the utmost disregard; for he proved too hard for both father and mother at last.

The father having a good business, wanted John to learn his trade of a tailor, both because it was easiest and cheapest for the old man, and a sure source of good living for the son, whether he began business for himself or waited to succeed the father after his death; but as he grew up his evil habits increased, and at last when checked by his father in his mad career, he almost put the good old man to death by maltreatment.

At last, provoked beyond all endurance, the father resolved to rid himself of him by sending him out of the country, and managed to get him engaged to serve in the army under the command of Brigadier Newton.

While in Flanders, he saw, in passing along with one of his brother soldiers, a hen at a little distance covering her chickens under her wings, and out of pure wanton and malicious mischief he fired his musket and shot the hen. The poor woman to whom it belonged, startled by the shot, went out and saw her hen dead; and following the young soldier, asked him to pay the price of the hen and chickens, for both were lost to her, and they formed a great part of her means of subsistence; but the unfeeling youth would not give her a farthing--threatening if she annoyed him he would send her after her hen; upon which the injured old woman predicted, "that as many people would one day gaze in wonder on his lifeless body as that hen had feathers on hers."

Young Porteous afterwards left the army and returned to London, where he wrought for some time as a journeyman tailor; but his evil habits brought him to poverty, and he was found in rags by a friend of his father's, who wrote to the old man to remit L10 to clothe him and defray his travelling charges to Edinburgh, which, moved by the compassion of a father, he did, and when John appeared, the kind-hearted old man received him with tears of joy, and embraced him with all the warmth of paternal affection. Vainly hoping that his son was a reformed man, he gave up his business to him, and agreed that he should only have a room in the house and his maintenance and clothes.

Young Porteous, thus possessed of the house and trade of his father, and of all his other goods and effects, began by degrees to neglect and maltreat the old man, first, by refusing him a fire in his room in the middle of winter, and even grudging him the benefit of the fire in the kitchen. In addition to this, he disallowed him a sufficiency of victuals, so that he was in danger of being starved to death with cold and hunger. In this unhappy condition he applied for admission into the Trinity Hospital.

John Porteous having been for some time in the army, and being known to be possessed of no small courage and daring, was selected by John Campbell, lord provost of Edinburgh, in the memorable year 1715, to be drill-sergeant of the city-guard, as it became necessary to have the guard well disciplined and made as effective as possible in that eventful period, for the support of the government and the protection of Edinburgh. In this office he discharged his duty remarkably well, and was often sent for by the lord provost to report what progress his men made in military discipline. This gave him an opportunity of meeting sometimes with a gentlewoman who had the charge of the lord provost's house and family, with whom he fell deeply in love; after paying his addresses for some time, and proposing to her, he was accepted, and they were married. From a grateful sense of her services, as well as from a conviction of Porteous's ability for the office, the lord provost proposed that John Porteous should be elected one of the captains of the city-guard, and it was agreed to.

This was a situation of trust and respectability, and would have enabled the young couple to live in comfort and ease if the husband had conducted himself properly. The gentlewoman was a person of virtue and merit, but was unlucky in her choice of a husband--Porteous was no better a husband than he had been a son. They were not long married when he began to ill-use her. He dragged her out of bed by the hair of the head, and beat her to the effusion of blood. The whole neighbourhood were alarmed sometimes at midnight by her shrieks and cries; so much so, indeed, that a lady living above them was obliged, between terms, to take a lodging elsewhere for her own quiet. Mrs Porteous was obliged to separate from her husband, and this was her requital for having been the occasion of his advancement.

His command of the city-guard gave him great opportunities of displaying his evil temper, and manifesting his ungovernable passions. Seldom a day passed but some of his men experienced his severity. The mob on all public occasions excited his naturally bad temper; and on all days of rejoicing, when there was a multitude from the country as well as from the town, the people were sure to experience offensive and tyrannical treatment from him. The hatred and terror of him increased every year, and his character as an immoral man was known to everybody, so that he was universally hated and feared by the lower orders both in town and country.

This was the position in which Captain Porteous stood with the people when he was called upon to take charge of the execution of the law in reference to Andrew Wilson, whose case it has been thought proper to detail before proceeding to narrate the extraordinary events that followed, and which, indeed, partly serves to explain the cause of these events.