ty of balancing the positive evidence of many
persons, and those of respectability, who deposed positively to the
prisoner's commanding his soldiers to fire, and himself firing his piece,
of which some swore that they saw the smoke and flash, and beheld a man
drop at whom it was pointed, with the negative testimony of others, who,
though well stationed for seeing what had passed, neither heard Porteous
give orders to fire, nor saw him fire himself; but, on the contrary,
averred that the first shot was fired by a soldier who stood close by
him. A great part of his defence was also founded on the turbulence of
the mob, which witnesses, according to their feelings, their
predilections, and their opportunities of observation, represented
differently; some describing as a formidable riot, what others
represented as a trifling disturbance such as always used to take place
on the like occasions, when the executioner of the law, and the men
commissioned to protect him in his task, were generally exposed to some
indignities. The verdict of the jury sufficiently shows how the evidence
preponderated in their minds. It declared that John Porteous fired a gun
among the people assembled at the execution; that he gave orders to his
soldiers to fire, by which many persons were killed and wounded; but, at
the same time, that the prisoner and his guard had been wounded and
beaten, by stones thrown at them by the multitude. Upon this verdict, the
Lords of Justiciary passed sentence of death against Captain John
Porteous, adjudging him, in the common form, to be hanged on a gibbet at
the common place of execution, on Wednesday, 8th September 1736, and all
his movable property to be forfeited to the king's use, according to the
Scottish law in cases of wilful murder.*

* The signatures affixed to the death-warrant of Captain Porteous were--
Andrew Fletcher of Milton, Lord Justice-Clerk.
Sir James Mackenzie, Lord Royston.
David Erskine, Lord Dun.
Sir Walter Pringle, Lord Newhall.
Sir Gilbert Elliot, Lord Minto.

CHAPTER THIRD.

"The hour's come, but not the man."*

* There is a tradition, that while a little stream was swollen into a
torrent by recent showers, the discontented voice of the Water Spirit was
heard to pronounce these words. At the some moment a man, urged on by his
fate, or, in Scottish language, _fey,_ arrived at a gallop, and prepared
to cross the water. No remonstrance from the bystanders was