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 of power to
stop him--he plunged into the stream, and perished.
Kelpie.
On the day when the unhappy Porteous was expected to suffer the sentence
of the law, the place of execution, extensive as it is, was crowded
almost to suffocation. There was not a window in all the lofty tenements
around it, or in the steep and crooked street called the Bow, by which
the fatal procession was to descend from the High Street, that was not
absolutely filled with spectators.
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