a musket from one of his soldiers, commanded the
party to give fire, and, as several eye-witnesses concurred in swearing,
set them the example, by discharging his piece, and shooting a man dead
on the spot. Several soldiers obeyed his command or followed his example;
six or seven persons were slain, and a great many were hurt and wounded.

After this act of violence, the Captain proceeded to withdraw his men
towards their guard-house in the High Street. The mob were not so much
intimidated as incensed by what had been done. They pursued the soldiers
with execrations, accompanied by volleys of stones. As they pressed on
them, the rearmost soldiers turned, and again fired with fatal aim and
execution. It is not accurately known whether Porteous commanded this
second act of violence; but of course the odium of the whole transactions
of the fatal day attached to him, and to him alone. He arrived at the
guard-house, dismissed his soldiers, and went to make his report to the
magistrates concerning the unfortunate events of the day.

Apparently by this time Captain Porteous had began to doubt the propriety
of his own conduct, and the reception he met with from the magistrates
was such as to make him still more anxious to gloss it over. He denied
that he had given orders to fire; he denied he had fired with his own
hand; he even produced the fusee which he carried as an officer for
examination; it was found still loaded. Of three cartridges which he was
seen to put in his pouch that morning, two were still there; a white
handkerchief was thrust into the muzzle of the piece, and re-turned
unsoiled or blackened. To the defence founded on these circumstances it
was answered, that Porteous had not used his own piece, but had been seen
to take one from a soldier. Among the many who had been killed and
wounded by the unhappy fire, there were several of better rank; for even
the humanity of such soldiers as fired over the heads of the mere rabble
around the scaffold, proved in some instances fatal to persons who were
stationed in windows, or observed the melancholy scene from a distance.
The voice of public indignation was loud and general; and, ere men's
tempers had time to cool, the trial of Captain Porteous took place before
the High Court of Justiciary. After a long and patient hearing, the jury
had the difficult duty of balancing the positive evidence of many
persons, and those of respectability, who deposed positively to the
pri