Chapter I
Whosoever is fortunate enough to have seen Edinburgh previous to the
year 1817—when as yet the greater part of its pristine character was
entire, and before the stupendous grandeur, and dense old-fashioned
substantiality, which originally distinguished it, had been swept away
by the united efforts of fire and foolery—must remember the Old
Tolbooth. At the north-west corner of St Giles's Church, and almost in
the very centre of a crowded street, stood this tall, narrow, antique,
and gloomy-looking pile, with its black stancheoned windows opening
through its dingy walls, like the apertures of a
I
hearse, and having its western gable penetrated by sundry
suspicious-looking holes, which occasionally served—horresco referens—for
the projection of the gallows. The fabric was four stories high, and
might occupy an area of fifty feet by thirty. At the west end there was
a low projection of little more than one story, surmounted by a railed
platform, which served for executions. This, as well as other parts of
the building, contained shops.
On the north side, there remained the marks of what
had once been a sort of bridge communicating between the Tolbooth and
the houses immediately opposite. This part of the building got the name
of the "Purses," on account of its having been the place where, in
former times, on the King's birth-day, the magistrates delivered
donations of as many pence as the King was years old to the same number
of beggars or "blue-gowns." There was a very dark room on this side,
which was latterly used as a guard-house by the right venerable military
police of Edinburgh, but which had formerly been the fashionable
silk-shop of the father of the celebrated Francis Horner. At the east
end there was nothing remarkable, except an iron box, attached to the
wall, for the reception of small donations in behalf of the poor
prisoners, over which was a painted board, containing some quotations
from Scripture. In the lower flat of the south and sunny side, besides a
shop, there was a den for the accommodation of the outer door-keeper,
and where it was necessary to apply when admission was required, and the
old gray-haired man was not found at the, door. The main door was at the
bottom of the great turret or turnpike stair, which projected from the
south-east corner. It was a small but very strong door, full of large
headed nails, and having an enormous lock, with a flap to conceal the
keyhole, which could itself be locked, but was generally left open.
One important feature in the externals of the
Tolbooth was, that about one third of the building, including the
turnpike, was of ashlar work—that is, smooth freestone—while the rest
seemed of coarser and more modern construction, besides having a
turnpike about the centre, without a door at the bottom. The floors of
the "west end," as it was always called, were somewhat above the level
of those in the "east end," and in recent times the purposes of these
different quarters was quite distinct— the former containing the
debtors, and the latter the criminals. As the "east end " contained the
hall in which the Scottish Parliament formerly met, we may safely
suppose it to have been the oldest part of the building—an hypothesis
which derives additional credit from the various appearance of the two
quarters —the one having been apparently designed for a more noble
purpose than the other. The eastern division must have been of vast
antiquity, as James the Third fenced a Parliament in it, and the
magistrates of Edinburgh let the lower flat for booths or shops, so
early as the year 1480.
On passing the outer door, where the rioters of 1736
thundered with their sledge-hammers, and finally burnt down all that
interposed between them and their prey, the keeper instantly involved
the entrant in darkness by re-closing the gloomy portal. A flight of
about twenty steps then led to an inner door, which, being duly knocked,
was opened by a bottle-nosed personage denominated "Peter," who, like
his sainted namesake, always carried two or three large keys. You then
entered "the hall," which, being free to all the prisoners except those
of the "east end," was usually filled with a crowd of shabby-looking,
but very merry loungers.
This being also the chapel of the jail, contained an
old pulpit of singular fashion,—such a pulpit as one could imagine John
Knox to have preached from; which, indeed, he was traditionally said to
have actually done. At the right-hand side of the pulpit was a door
leading up the large turnpike to the apartments occupied by the
criminals, one of which was of plate-iron. This door was always shut,
except when food was taken up to the prisoners.
On the north side of the hall was the "Captain's
Room," a small place like a counting-room, but adorned with two fearful
old muskets and a sword, together with the sheath of a bayonet, and one
or two bandeliers, alike understood to hang there for the defence of the
jail. On the west end of the hall hung a board, on which—the production,
probably, of some insolvent poetaster— were inscribed the following
emphatic lines:—
A prison is a house of care.
A place where none can thrive.
A touchstone true to try a friend,
A grave for men alive—
Sometimes a place of right,
Sometimes a place of wrong.
Sometimes a place for jades and thieves,
And honest men among.
The historical recollections connected with "the
hall" ought not to be passed over. Here Mary delivered what Lindsay and
other old historians call her "painted orations." Here Murray wheedled,
and Morion frowned. This was the scene of Charles's ill-omened attempts
to revoke the possessions of the Church; and here, when his
commissioner, Nithsdale, was deputed to urge that measure, did the
Presbyterian nobles prepare to set active violence in opposition to the
claims of right and the royal will. On that occasion, old Belhaven,
under pretence of infirmity, took hold of his neighbour, the Earl of
Dumfries, with one hand, while with the other he grasped a dagger
beneath his clothes, ready, in case the act of revocation were passed,
to plunge it into his bosom.
From the hall a lobby extended to the bottom of the
central staircase already mentioned, which led to the different
apartments—about twelve in number— appropriated to the use of the
debtors. This stair was narrow, spiral, and steep—three bad qualities,
which the stranger found but imperfectly obviated by the use of a greasy
rope that served by way of balustrade. This nasty convenience was not
rendered one whit more comfortable by the intelligence, usually
communicated by some of the inmates, that it had hanged a man! In the
apartments to which this stair led, there was nothing remarkable, except
that in one of them part of the wall seemed badly plastered. This
was the temporary covering of the square hole through which the
gallows-tree was planted. We remember communing with a person who lodged
in this room at the time of an execution. He had had the curiosity, in
the impossibility of seeing the execution, to try if he could feel it.
At the time when he heard the psalms and other devotions
of the culprit concluded, and when he knew, from the
awful silence of the crowd, that the signal was just about to be given,
he sat down upon the end of the beam, and soon after distinctly felt the
motion occasioned by the fall of the unfortunate person, and thus, as it
were, played at "see-saw" with the criminal.
The annals of crime are of greatest value than is
generally supposed. Criminals form an interesting portion of mankind.
They are entirely different from us—divided from us by a pale
which we will not, dare not overleap, but from the safe side of which we
may survey, with curious eyes, the strange proceedings which go on
beyond. They are interesting, often, on account of their courage—on
account of their having dared something which we timorously and
anxiously avoid. A murderer or a robber is quite as remarkable a person,
for this reason, as a soldier who has braved some flesh-shaking danger.
He must have given way to some excessive passion; and all who have ever
been transported beyond the bounds of reason by the violence of any
passion whatever, are entitled to the wonder, if not the admiration, of
the rest of the species. Among the inmates of the Old
Tolbooth, some of whom had inhabited it for many years, there
were preserved a few legendary particulars respecting criminals of
distinction, who had formerly been within its walls. Some of these I
have been fortunate enough to pick up.
One of the most distinguished traits in the character
of the Old Tolbooth was, that it had no power of retention over people
of quality. It had something like that faculty which Falstaff attributes
to the lion and himself—of knowing men who ought to be respected on
account of their rank. Almost every criminal of more than the ordinary
rank ever yet confined in it, somehow or other contrived to get free. An
insane peer, who, about the time of the Union, assassinated a
schoolmaster that had married a girl to whom he had paid improper
addresses, escaped while under sentence of death. We are uncertain
whether the following curious fact relates to that nobleman, or to some
other titled offender. It was contrived that the prisoner should be
conveyed out of the Tolbooth in a trunk, and carried by a porter to
Leith, where some sailors were to be ready with a boat to take him
aboard a vessel about to leave Scotland. The plot succeeded so far as
the escape from jail was concerned, but was knocked on the head by an
unlucky and most ridiculous contretemps. It so happened that the
porter, in arranging the trunk upon his back, placed the end which
corresponded with the feet of the prisoner uppermost. The head of
the unfortunate nobleman was therefore pressed against the lower end of
the box, and had to sustain the weight of the whole body. The posture
was the most uneasy imaginable. Vet life was preferable to ease. He
permitted himself to be taken away. The porter trudged along the Krames
with the trunk, quite unconscious of its contents, and soon reached the
High Street, which he also traversed. On reaching the Netherbow, he met
an acquaintance, who asked him where he was going with that
large-burden. To Leith, was the answer. The other enquired if the job
was good enough to afford a potation before proceeding farther upon so
long a journey. This being replied to in the affirmative, and the
carrier of the box feeling in his throat the philosophy of his friend's
enquiry, it was agreed that they should adjourn to a neighbouring
tavern. Meanwhile, the third party, whose inclinations had not been
consulted in this arrangement, felt in his neck the agony of ten
thousand decapitations, and almost wished that it were at once well over
with him in the Grassmarket. But his agonies were not destined to be of
long duration. The porter, in depositing him upon the causeway, happened
to make the end of the trunk come down with such precipitation, that,
unable to bear it any longer, the prisoner fairly roared out, and
immediately after fainted. The consternation of the porter, on hearing a
noise from his burden, was of course excessive ; but he soon acquired
presence of mind enough to conceive the occasion. He proceeded to
unloose and to burst open the trunk, when the hapless nobleman was
discovered in a state of insensibility; and as a crowd collected
immediately, and the City Guard were not long in coming forward, there
was of course no farther chance of escape. The prisoner did not revive
from his swoon till he had been safely deposited in his old quarters.
But, if we recollect aright, he eventually escaped in another way.
Of Porteous, whose crime—if crime existed—was so
sufficiently atoned for by the mode of his death, an anecdote which has
the additional merit of being connected with the Old Tolbooth, may here
be acceptable. One day, some years before his trial, as he was walking
up Liberton's Wynd, he encountered one of the numerous hens, which,
along with swine, then haunted the streets of the Scottish capital. For
some reason which has not been recorded, he struck this hen with his
cane, so that it immediately died. The affair caused the neighbours to
gather round, and it was universally thought that the case was
peculiarly hard, inasmuch as the bird was a "docker," and left behind it
a numerous brood of orphan chickens. Before the captain had left the
spot, the proprietrix of the hen, an old woman who lived in the upper
flat of a house close by, looked over her window, and poured down upon
the slayer's head a whole "gardeloo" of obloquy and reproach, saying,
among other things, that "she wished he might have as many witnesses
present at his hinder-end as there were feathers in that hen." [It is
but charity to suppose Porteous might, in this case, be only
endeavouring to introduce a better system of street police than had
formerly prevailed. It is not many years since the magistrates of a
southern burgh drew down the unqualified wrath of all the good women
there by attempting to confiscate and remove the filth which had been
privileged to grace the causeway from time immemorial.]
Porteous went away, not unaffected, as it would
appear, by these idle words. On the night destined to be his last on
earth, he told the story of the hen to the friends who then met in the
jail to celebrate his reprieve from the execution which was to have
taken place that day ; and the prophetess of Liberton's Wynd was
honoured with general ridicule for the failure of her imprecation.
Before the merry-meeting, however, was over, the sound of the "
dead-drum," beat by the approaching rioters, fell upon their cars, and
Porteous, as if struck all at once with the certainty of death,
exclaimed, "D-------n the wife! She is right yet!" Some of his friends
suggested that it might be the fire-drum ; but he would not give ear to
such consolations, and fairly abandoned all hope of life. Before another
hour had passed, he was in eternity.
Nicol Brown, a butcher, executed in 1753
for the murder of his wife, was not the least remarkable
tenant of the Tolbooth during the last century. A singular story is told
of this wretched man. One evening, long before his death, as he was
drinking with some other butchers in a tavern somewhere about the
Grassmarket, a dispute arose about how long it might be allowable to
keep flesh before it was eaten. From less to more, the argument
proceeded to bets; and Brown offered to eat a pound of the oldest and
"worst" flesh that could be produced, under the penalty of a guinea. A
regular bet was taken, and a deputation of the company went away to
fetch the stuff which should put Nicol's stomach to the test. It so
happened that a criminal —generally affirmed to have been the celebrated
Nicol Muschat—had been recently hung in chains at the Gallow-lee, and it
entered into the heads of these monsters that they would apply in that
quarter for the required flesh. They accordingly provided themselves
with a ladder and other necessary ' articles, and, though it was now
near midnight, had the courage to go down that still and solitary road
which led towards the gallows, and violate the terrible remains of the
dead, by cutting a large collop from the culprit's hip. This they
brought away, and presented to Brown, who was not a little shocked to
find himself so tasked. Nevertheless, getting the dreadful "pound of
flesh" roasted after the manner of a beefsteak, and adopting a very
strong and drunken resolution, he set himself down to his horrid mess,
which, it is said, he actually succeeded in devouring. This story, not
being very effectually concealed, was recollected when he afterwards
came to the same end with Nicol Muschat. He lived in the Fleshmarket
Close, as appears from the evidence on ; his trial. He made away with
his wife by burning her, and said that she had J caught fire by
accident. But, as the door was found locked by the neighbours who came
on hearing her cries, and he was notorious for abusing her, besides the
circumstance of his not appearing to have attempted to extinguish the
flames, he was found guilty and executed. He was also hung in chains at
the Gallowlee, where Muschat had hung thirty years before. He did not,
however, hang long. A few mornings after having been put up, it was
found that he had been taken away during the night. This was supposed to
have been done by the butchers of the Edinburgh market, who considered
that a general disgrace was thrown upon their fraternity by his
ignominious exhibition there. They were said to have thrown his body
into the Quarry Holes.
Chapter II.
THE case of Katherine Nairne, in 1766, excited, in no
small degree, the attention of the Scottish public. This lady was
allied, both by blood and marriage, to some highly respectable families.
Her crime was the double one of poisoning her husband, and having an
intrigue with his brother, who was her associate in the murder. She was
brought from the north country into Leith harbour in an open boat, and
as fame had preceded her, thousands of people flocked to the shore to
see her. She has been described to us as standing erect in the boat,
dressed in a riding-habit, and having a switch in her hand, with which
she amused herself. Her whole bearing betrayed so much levity, or was so
different from what had been expected, that the mob raised a general
howl of indignation, and were on the point of stoning her to death when
she was with some difficulty rescued from their hands by the public
authorities. In this case the Old Tolbooth found itself, as usual,
incapable of retaining a culprit of condition. Sentence had been delayed
by the judges, on account of her pregnancy. The mid-wife employed at her
accouchement (who, by-the-by, continued to
practise in Edinburgh so lately as the year 1805) had the address to
achieve a jail-delivery also. For three or four days previous to that
concerted for the escape, she pretended to be afflicted with a
prodigious toothache ; went out and in with her head enveloped in shawls
and flannels; and groaned as it she had been about to give up the ghost.
At length, when all the janitory officials were become so habituated to
her appearance, as not to heed her "exits and her entrances" very much,
Katherine Nairne one evening came down in her stead, with her head
wrapped all round with the shawls, uttering
the usual groans, and holding down her face upon her hands, as with
agony, in the precise way customary with the midwife. The inner
door-keeper, not quite unconscious, it is supposed, of the trick, gave
her a hearty thump upon the back as she passed out, calling her at the
same time a howling old Jezebel and wishing she would never come back to
annoy his ears, and those of the other inmates, in such an intolerable
way. There are two reports of the proceedings of Katherine Nairne after
leaving the prison. One bears that she immediately left the town in a
coach, to which she was handed by a friend stationed on purpose. The
coachman, it is said, had orders from her relations, in the event of a
pursuit, to drive into the sea and drown her—a fate which, however
dreadful, was considered preferable to the ignominy of a public
execution. The other story runs, that she went up the Lawnmarket at
the Castlehill, where lived a respectable advocate, from whom, as
he was her cousin, she expected to receive protection. Being ignorant of
the town, she mistook the proper house, and, what was certainly
remarkable, applied at that of the crown agent, who was assuredly the
last man in the world that could have clone her any service. As good
luck would have it, she was not recognised by the servant, who civilly
directed her to her cousin's house, where it is said she remained
concealed many weeks. In addition to these reports, we may mention that
we have seen an attic pointed out in St Mary's Wynd, as the place where
Katherine Nairne found concealment between the period of her leaving the
jail and that of her going abroad. Her future life, it has been
reported, was virtuous and fortunate. She was married to a French
gentleman, was the mother of a large and respectable family, and died at
a good old age. Meanwhile, Patrick Ogilvie, her associate in the dark
crime which threw a shade over her younger years, suffered in the
Grassmarket. This gentleman, who had been a lieutenant in
the----------regiment, was so much beloved by his fellow-soldiers, who
happened to be stationed at that time in Edinburgh Castle, that the
public authorities judged it necessary to shut them up in that fortress
till the execution was over, lest they might have attempted, what they
had been heard to threaten, a rescue.
The Old Tolbooth was the scene of the suicide of
Mungo Campbell, while under sentence of death for shooting the Karl of
Eglintoune. In the country where this memorable event took place. it is
somewhat remarkable that the fate of the murderer was more generally
lamented than that of the murdered person. Campbell, as we have heard,
though what was called "a graceless man,'' and therefore not much
esteemed by the Auld Light people, who there abound, was rather popular
in his profession of exciseman, on account of his rough, honourable
spirit, and his lenity in the matter of smuggling. Lord Eglintoune, on
the contrary, was not liked, on account of the inconvenience which he
occasioned to many of his tenants by newfangled improvements, and his
introduction into the country of a generally abhorred article,
denominated rye-grass, which, for some reason we are not farmer enough
lo explain, was fully as unpopular a measure as the bringing in of
Prelacy had been a century before. Lord Eglintoune was in the habit of
taking strange crotchets about his farms-crotchets quite at variance
with the old-established prejudices of his tenantry. He sometimes tried
to rouse the old stupid farmers of Kyle from their negligence and
supineness, by removing them to other farms, or causing two to exchange
their possessions, in order, as he jocularly alleged, to prevent their
furniture from getting mouldy, by long standing in particular damp
corners. Though his lordship's projects were all undertaken in the
spirit of improvement, and though these emigrations were doubtless
salutary in a place where the people were then involved in much sloth
and nastiness, still they were premature, and carried on with rather a
harsh spirit. They therefore excited feelings in the country people not
at all favourable to his character. These, joined to the natural
eagerness of the common people to exult over the fall of tyranny, and
the puritanical spirit of the district, which disposed them to regard
his lordship's peccadilloes as downright libertinism, altogether
conspired against him, and tended to throw the glory and the pity of the
occasion upon his lordship's slayer. Even Mungo's poaching was excused,
as a more amiable failing than the excessive love of preserving game,
which had always been the unpopular mania of the Eglintoune family.
Mungo Campbell was a man respectably connected, the son of a provost of
Ayr; had been a dragoon in his youth, was eccentric in his manner, a
bachelor, and was considered at Newmills, where he resided, as an
austere and unsocial, but honourable, and not immoral man. There can be
no doubt that he rose on his elbows and fired at his lordship, who had
additionally provoked him by bursting into a laugh at his awkward fall.
The Old Tolbooth was supposed by many, at the time, to have had her
usual failing in Mungo's case. The Argyll interest was said to have been
employed in his favour, and the body, which was found suspended over the
door, instead of being his, was thought to be that of a dead soldier
from the castle, substituted in his place. His relations, however, who
are very respectable people in Ayrshire, all acknowledge that he died by
his own hand ; and this was the general idea of the mob of Edinburgh,
who, getting the body into their hands, trailed it down the street to
the King's Park, and inspired by different sentiments from those of the
Ayrshire people, were not satisfied till they got it up to the top of
Salisbury Crags, from which they precipitated it down the "Cat Nick."
Aged people in Ayrshire still remember the unwonted brilliancy of the
aurora borealis on the midnight of Lord Eglintoune's death. Strange and
awful whispers then went through the country, in correspondence, as it
were, with the streamers in the sky, which were considered by the
superstitious as expressions on the face of heaven of satisfied wrath in
the event.
One of the most remarkable criminals ever confined in
the Old Tolbooth was the celebrated William Brodie. As may be generally
known, this was a man of respectable connexions, and who had moved in
good society all his life, unsuspected of any criminal pursuits. It is
said that a habit of frequenting cock-pits was the first symptom he
exhibited of a defalcation from virtue. His ingenuity as a joiner gave
him a fatal facility in the burglarious pursuits to which he afterwards
addicted himself. It was then customary for the shopkeepers of Edinburgh
to hang their keys upon a
nail at the back of their doors. or at
least to take no pains in concealing them during the day. Brodie used to
take impressions of them in putty or clay, a piece of which he would
carry in the palm of bis hand. He kept a blacksmith in his pay, of the
name of Smith, who forged exact copies of the keys he wanted, and with
these it was his custom to open the shops of his fellow-trades men
during the night. He thus found opportunities of securely stealing
whatsoever he wished to possess. He carried on his malpractices for many
years. Upon one shop in particular he made many severe exactions. This
was the shop of a company of jewellers, in the North Bridge Street,
namely, that at the south-east corner, where it joins the High Street.
The unfortunate tradesmen from time to time missed many articles, and
paid off one or two faithful shopmen, under the impression of their
being guilty of the theft. They were at length ruined. Brodie remained
unsuspected, till having committed a daring robbery upon the
Excise-office in Chessel's Court, Canon-gate, some circumstances
transpired, which induced him to disappear from Edinburgh. Suspicion
then becoming strong, he was pursued to Holland, and taken at Amsterdam,
standing upright in a press or cupboard. At his trial, Henry Erskine,
his counsel; spoke very eloquently in his behalf, representing in
particular, to the jury, how strange and improbable a circumstance it
was, that a man whom they had themselves known from infancy as a person
of good repute, should have been guilty of such practices as those with
which he was charged. He was, however, found guilty, and sentenced to
death, along with his accomplice Smith. At the trial he had appeared in
a fine full-dress suit of black clothes, the greater part of which was
of silk, and his deportment throughout the whole affair was completely
that of a gentleman. He continued during the period which interrened
between his sentence and execution to dress himself well and to keep up
his spirits. A gentleman of our acquaintance, calling upon him in the
condemned room, was astonished to find him singing the song from the
Beggar's Opera, "'Tis woman seduces all mankind." Having contrived to
cut out the figure of a draught-board on the stone floor of his dungeon,
he amused himself by playing with anyone who would join him, and, in
default of such, with his right hand against his left. This diagram
remained in the room where it was so strangely out of place, till the
destruction of the jail. His dress and deportment at the gallows were
equally gay with those which he assumed at his trial. As the Eat! of
Morton was the first man executed by the "Maiden," so was Brodie the
first who proved the excellence of an improvement he had formerly made
on the apparatus of the gibbet. This was the substitution of what was
called the "drop," for the ancient practice of the double ladder. He
inspected the thing with a professional air, and seemed to view the
result of his ingenuity with a smile of satisfaction. When placed on
that terrible and insecure pedestal, and while the rope was adjusted
round his neck by the executioner, his courage did not forsake him. On
the contrary, even there, he exhibited a sort of joyful levity, which,
though not exactly composure, seemed to the spectators as more
indicative of indifference; he shuffled about, looked gaily around, and
finally went out of the world with his hand stuck carelessly into the
open front of his vest.
The Tolbooth, in its old days, as its infirmities
increased, showed itself now and then incapable of retaining prisoners
of very ordinary rank. Within the recollection of many people yet alive,
a youth named Reid, the son of an innkeeper in the Grassmarket, while
under sentence of death for some felonious act, had the address to make
his escape. Every means was resorted to for recovering him, by search
throughout the town, vigilance at all the ports, and the offer of a
reward for his apprehension, yet he contrived fairly to cheat the
gallows. The whole story of his escape is exceedingly curious. He took
refuge in the great cylindrical mausoleum of
Sir George Mackenzie, in the Grey-friars churchyard of Edinburgh. This
place, besides its discomfort, was supposed to be haunted by the ghost
of the persecutor—a circumstance of which Reid, an Edinburgh boy, must
have been well aware. But he braved all these horrors for the sake of
his life. He had been brought up in the Hospital of George Heriot, in
the immediate neighbourhood of the churchyard, and had many boyish
acquaintances still residing in that munificent establishment. Some of
these he contrived to inform of his situation, enjoining them to be
secret, and beseeching them to assist him in his distress. The Herioters
of those days had a very clannish spirit, insomuch, that to have
neglected the interests or safety of any individual of the community,
however unworthy he might be of their friendship, would have been looked
upon by them as a sin of the deepest dye. Reid's confidants, therefore,
considered themselves bound to assist him by all means in their power
against that general foe, the public. They kept his secret most
faithfully, spared from their own meals as much food as supported him,
and ran the risk of severe punishment, as well as of seeing ghosts, by
visiting him every night in his horrible abode. They were his only
confidants, his very parents, who lived not far off, being ignorant of
his place of concealment. About six weeks after his escape from jail,
when the hue and cry had in a great measure subsided, he ventured to
leave the tomb, and it was afterwards known that he escaped abroad.
The subsequent history of the Old Tolbooth contains
little that is very remarkable. It has passed away with many other
venerable relics of the olden time, and we now look in vain for the many
antique associations which crowded round the spot it once occupied. |