The Waverley novels, by Sir Walter Scott, complete in 12 vol., printed from the latest English ed., embracing the author's last corrections, prefaces & notes.

TIIE HEART OF MIID-LOTHLIAN. 35
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 begun 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. iHe
denied that he had given orders to fire; he denied he had fired with his
own hand; he even produce ithe fusee which he carried as an officer for
examination; it was found sAllloaded. 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 returned 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 prisoner's commanding his soldiers to fire, and
himself firing his piece, of which some swore that they saw the smoke
and flash, 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 moveable property to be forfeited to the
king's use, according to the Scottish law in cases of wilful murder.