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as he, in prosecution of an illicit trade, had shot one of the excisemen, he deserved to die. But it was the practice, in those times, to march the malefactors from the tolbooth to the High kirk, to hear sermon; also prisoners under sentence of death. And as the people had got a strong impression that it was not proved, that, though this man was taken with pistols in his belt, and on board a smuggler's boat, that he had ever killed any one, there was a general sympathy created in his favour; but what raised the greatest compassion was, that one count in the indictment against him was, for breaking open the custom-house and removing his own goods, and it was in defending himself against the exciseman, that he was supposed to have shot the man; and there being also a high-wayman under sentence of death at the same time, both these prisoners were

marched from the tolbooth to the kirk on the Sunday preceding their execution: they were flanked by two soldiers of the city guard, commonly called old "fogies," and a third was in the rear; and as one of the prisoners was at this time walking in the rear of the other, the highwayman seized with each hand a soldier, and caught with his teeth the other, as they were marching to the kirk, and though there was a great crowd of people assembled, the smuggler got off, and down by an alley to the Cowgate; and from that day to this, never could be heard of.

But the other man was brought down to the end of the Grass-market, on the day fixed for his execution; and as he was flung off the ladder, the rope broke, and the surrounding multitude made a desperate attempt to

rescue him, because he had saved the smuggler's life.

And since the government had hitherto winked at smuggling in the north, so noble a deed as that of the justly condemned highwayman gave much sympathy in his favour. But the city guard, by command of captain P, fired upon the mob that attempted the rescue, and many were wounded, besides several also were killed.

The captain of the guard was tried for this act, in ordering his men to fire before the riot act had been read, and by the good old Roman, Scottish law, was condemned to be hanged. But the army took the soldier's part, and their majesties being on a visit to their dominions on the other side of the Tweed, the queen was as good as her word in promising to reprieve the

first malefactor; and the captain having been the first, a reprieve was immediately granted; but so incensed were the loyal lads of Edina, that on the very day the reprieve arrived, and whilst the captain was carousing over his claret in the jail with his Tory cronies, the mob arose, broke the prison door, dragged him forth to Golgotha; but when they got him there, there was neither gallows nor halter: however, a dyer's pole was seen shoved out from a first-story window of some certain house, and it was selected as the gallows; but there was still a halter wanting; and when many shops were looked for, none being open in the west nook o' auld Reikie," the door of a person who was known to sell ropes, was forced; a piece of rope was cut off a coil; half-a-guinea was left on the counter for it; and the captain of the "old fogies" was executed

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in despite of the royal clemency. But many were suspected; and it was observed, women were the most forward in this affair. However, a good Tory observed one of those Amazon executioners to lift up his petticoats, and put his hand into his gold-laced waistcoat pocket for a knife, to prepare the rope for the victim of popular vengeance.

Such were the effects, in the first place, of not checking at the Union the depredations committed on fair trading by Whiggans, with his North Channel rowers, and the smugglers on the border: one of their band escapes through a prowess, which, though we cannot but condemn, the constitution of our native feelings leads us to admire; and in the second place, an officer of the OLD GUARD, whose zeal for good order, having overshot his knowledge of the police of a good go

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