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"But, Mr. Saddletree," said Plumdamas, "do ye really think John Porteous's case wad hae been better if he had begun firing before ony stanes were flung at a'?"
This word in explanation has been thrown in to the reader, while Saddletree was laying down, with great precision, the law upon Porteous's case, by which he arrived at this conclusion, that, if Porteous had fired five minutes sooner, before Wilson was cut down, he would have been versans in licito; engaged, that is, in a lawful act, and only liable to be punished propter excessum, or for lack of discretion, which might have mitigated the punishment to poena ordinaria.
"You shut up earlier than usual, probably on account of Captain Porteous's affair?" said Butler. The turnkey, with the true mystery of a person in office, gave two grave nods, and withdrawing from the wards a ponderous key of about two feet in length, he proceeded to shut a strong plate of steel, which folded down above the keyhole, and was secured by a steel spring and catch.
I flung myself among the multitude in the moment of fermentation so did others among Wilson's mates, who had, like me, been disappointed in the hope of glutting their eyes with Porteous's execution. All was organised, and I was chosen for the captain. I felt not I do not now feel, compunction for what was to be done, and has since been executed."
"I am not clear of that, neighbour," said Plumdamas, "for I have heard them say twenty years should rin, and this is but the fifty-ane Porteous's mob was in thretty-seven." "Ye'll no teach me law, I think, neighbour me that has four gaun pleas, and might hae had fourteen, an it hadna been the gudewife?
A secret and trusty emissary at length brought me the account of Porteous's condemnation, and of your sister's imprisonment on a criminal charge; thus astounding one of mine ears, while he gratified the other.
This word in explanation has been thrown in to the reader, while Saddletree was laying down, with great precision, the law upon Porteous's case, by which he arrived at this conclusion, that, if Porteous had fired five minutes sooner, before Wilson was cut down, he would have been versans in licito; engaged, that is, in a lawful act, and only liable to be punished propter excessum, or for lack of discretion, which might have mitigated the punishment to poena ordinaria.
Indeed, as we have already noticed, it was by no means amongst the lowest class of the spectators, or those most likely to be engaged in the riot at Wilson's execution, that the fatal fire of Porteous's soldiers had taken effect. Several persons were killed who were looking out at windows at the scene, who could not of course belong to the rioters, and were persons of decent rank and condition.
"Now the principal thing in hand e'en now," said the official person, "is the job of Porteous's; an ye can gie us a lift why, the inner turnkey's office to begin wi', and the captainship in time ye understand my meaning?" "Ay, troth do I, sir; a wink's as gude as a nod to a blind horse; but Jock Porteous's job Lord help ye! I was under sentence the haill time.
"The haill Parliament House," said Saddletree, "was speaking o' naething else, till this job o' Porteous's put it out o' head It's a beautiful point of presumptive murder, and there's been nane like it in the Justiciar Court since the case of Luckie Smith the howdie, that suffered in the year saxteen hundred and seventy-nine." "But what's the matter wi' you, Mr.
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