drawn up in the street surrounding the Police Office and place of execution.

It was now within thirteen minutes of four o'clock, when the wretched Johnston was carried out of the Police Office to the scaffold. His clothes were thrown about bin in such a way, that he seemed half naked; and, while a number of men were about him, holding him up on the table, and fastening the rope again about his neck, his clothes fell down in such a manner, that decency would have been shocked, had it been even a spectacle of enter tainment, instead of an excecution.

While they were adjusting his clothes, the unhappy man was left vibrating, upheld partly by the rope about his neck, and partly by his feet on the table. At last, the table was removed from beneath him, when, to the indescribable horror of every spectator, he was seen suspended with his face uncovered, and one of his hands broke loose from the cords with which it should have been tied, and with his fingers convulsively twisting in the noose. Dreadful cries were then heard from every quarter. A chair was brought, and the executioner having mounted upon it, disengaged by force the hand of the dying man from the rope. He then descended, leaving the man's face still uncovered, and exhibiting a spectacle which no human eye should ever be compelled to behold. It was at length judged prudent to throw a napkin on the face of the struggling corpse.

"The butchery, for it can be called nothing else, continued until twenty-three minutes past four o'clock, long after the street lamps were lighted for the night, and the moon and stars distinctly visible. How far it was consistent with the sentence of the Justiciary Court to prolong the exe-, tution after four o'clock, is a question which the writer cannot answer; but the fact is certain that it was continued until nearly half an hour thereafter by the Magistrates, at the head of a military force.

"The above is a true account by an eyewitness of the execution, and taken down by him in writing, during the same evening, as the writer hopes to see God in mer.

oy.

We also subjoin the material part of the official statement.

"Though, from the nature of the crime and the hardened guilt of the criminal, there could be no anticipation of any attempt to interfere with the execution of the se tence of the law, yet no fewer than one hundred police officers were put upon actu.. al duty, and one hundred and thirty more were kept in reserve,

Thus every step that human prudence could devise was taken, and, the sentence of the law would have been executed in the usual manner, if a lawless mob had not

stepped forward to prevent it, under pretence, as is now said, of showing humanity towards the criminal.

"The state of the fact certainly is, that, notwithstanding the pains that had been taken to have the apparatus perfect, the rope was found to be too long, a fault alone imputable to the executioner, who has since been dismissed on that account. Hence, upon the criminal being thrown off, his toes touched slightly the drop below. This, however, was capable of being remedied in a few seconds, and the carpenters in atten dance were immediately put upon that duty, and while in the act of removing the drop, the mob threw in a shower of stones and wounded several of them. The criminal was also wounded by one of the stones to the effusion of his blood. The police officers endeavoured to preserve order, but after several of them had been severely wounded, they were driven in upon the magistrates by the pressure of the very great and unusual multitude that had assembled; and the whole party were then forced into the adjoining church. Meantime part of the mob continued to throw stones, and destroyed nearly two hundred panes of glass of the churches, while another party cut down and carried off the body of the criminal. The police officers in reserve hav ing now come forward, cleared the streets and got possession of the body, which was carried into the Police Office, where a surgeon, without any order from a magistrate, opened a vein, with the view of ascertain ing if the criminal was dead. He did not bleed; but shortly after he showed signs of life. By this time one of the magistrates had gone to the Castle, and had brought down a party of the military; and the ap paratus having again been put up, it be came the duty of the magistrates to carry the sentence of the law into effect; and accordingly, WITHIN the period mentioned in the sentence, the criminal was again suspended, and hung till he was dead,"

On the facts contained in these statements, various legal objections have been stated to the second sus pension of the criminal. He had been rities; he had bled or resuscitated, out of the custody of the legal autho he had suffered a species of torture not contemplated by the law; and, as some lawyers think, (the writer of the Letter to the Lord Advocate among the rest,) he could not legally be subjected to any new torture, especially as, it is understood, he was not ent down until after the hour fixed by the sentence of the Criminal Court. To that Court, however, or at least to the Crown lawyers, it is said, the Ma→ gistrates of Edinburgh ought to have

applied, after recovering possession of the criminal. It is a maxim of law, that if death be unlawfully inflicted, the consequences are the same, whether the person who suffers it be innocent or criminal; and that the guilt is the same whether it be inflicted by an ordinary subject or a magistrate, unless in the latter case it be done in the strict and legal execution of his duty. "Thus," says our ablest writer on criminal law, "if a magistrate shall burn a convict whose sentence is to be hanged upon a gibbet; or, instead of a public execution, if he have him strangled privately in gaol; or if he negligently let the day of execution pass, and think to make amends by executing the convict on some later day; it seems clearly to be such a homicide, for which the defender will be answerable with his own life." These are general rules, to which, of course, exceptions may be allowed from circumstances that shall be held to warrant them. The only safe rule for an executor of the law, when the act he is to perform goes to the taking away of life, is to proceed as far as he can strictly in terms of his warrant; and, when any unforeseen event prevents him from so acting, to pause and take the directions of the Court from whence his

warrant issued. The worst that can happen under this principle will be the escape of some wretched criminal; and if it be thought that danger would arise from converting any such act into a precedent, it is in the power of the legislature to provide a remedy, We are not here venturing to decide questions of law; we are merely stating those which have been agitated. It has been said, that a warrant to hang a man until he be dead, is not a warrant to hang him till he is half dead; to reanimate, or rather to restore him to sensation and feeling; and then to hang and torture him a second time. In such a case, a distinction has been drawn between the case of an interrupted execution by the act of the 'criminal, and an inter ruption from any other canse; and it has been gravely said, that a magistrate cannot, of his own authority, and least of all, by any want of care on his part, gain a title to aggravate the sentence, or to extend the limited term for putting it into execution. The case of Margaret Dickson, commonly called "half-hangit Maggie Dick

"

son," is then told as illustrative of the principle, that a person who has been once suspended, and the time elapsed, cannot be again taken hold of for the same crime. In this case of Johnston, however, it is said, the question is not confined to one of time, nor to one about the legality of subjecting him to torture by bleeding and a second hanging; but extends to a question of identity. Those who de prived Johnston of life in the last instance might have no doubt of his identity; but the question is, Whether they were entitled to decide that point by an act of their own mind? The law, it has been said, never admitted a question as to the necessity of proof in such a case; the debate was, Whe

is to be found in the Scots Magazine for December 1808. This woman was hanged for child murder on the 2d September 1724, in the Grassmarket of Edinburghs While the body was conveying in a cart to Musselburgh for interment, a motion was felt in the chest in which it was placed, a vein was opened, and spirits administeredy and animation speedily restored. Next day she was able to sit up and converse with the visitors who poured in upon her from all parts. On the 15th October she came take refuge in a house from the curiosity openly to Edinburgh, but was obliged to been ever molested from any other quarters of the prople. She does not seen to have

* An account of this singular occurrence

On this question being started in a com pany the other day, a gentleman related the following anecdote. A negro having commit ted some horrible crime in the West Indies,› was condemned to be blown into the air from the mouth of a cannon. While a guard was leading him up to the cannon's mouth through a file of soldiers, he made his escape by darting through between the a sudden spring to one side, and effected legs of a horse. In a very few minutes a cry was set up that the convict was on the top of a chimney. The soldiery were so enraged, that the person thus pointed at, who was a negro, was speedily seized, and,, without his identity ever being questioned, was tied to the cannon's mouth, and the piece of artillery actually discharged. By an accident almost miraculous, he had, before the gun went off, wrested his body off the muzzle, and remained clinging round saved him, had not the real culprit been the gun. This, however, would not have discovered, before it was found possible to fix him irrevocably for his transit. story may be true or false; but it suggests. the possibility of dreadful mistakes aris ing from rashness and inattention to legal forms.

4

This

ther the Justiciary Court could decide it on evidence without the aid of a jury? All these nice questions, however, were summarily decided; but it is not for us to say, whether those who judged of them had legal power to do so, or the contrary. If they had the power, it is of little moment in a general point of view, whether they decided well or ill; but it is of much greater consequence than it may be thought, in a cursory view, that it be settled and known, whether they had or had not legal power to do all that was done by them.

No man of sound judgment will suppose, that we have recorded either facts or arguments with a view to excite a prejudice against the officiating Magistrates. Such duties are of a painful and delicate nature; and in discharging them, they are entitled to have the most favourable constructions put upon their conduct; but still there is a higher deference, which we owe in all cases to the laws them selves. Delicacy to the administrators of the law, can never be placed in opposition to what is due to the hon our, and purity, and preservation of law; and as impartial chroniclers, it is sometimes as necessary, and frequently of more importance, to preserve some evidence of the tone and temper of the public, as of the facts which led to the peculiar state of public feeling.

This execution of Johnston has also directed public attention to the questions, whether punishments should ever be made capital for any crime short of murder, rape, or treason? And, whether any execution should take place in a crowded city? It is quite certain, we believe, that in England, the number of capital punishments have been fewer for some years past, in proportion to the number of convictions, than they long were; in Scotland, perhaps, there is little dif ference in the proportions; but in both countries, the number of execu tions exhibited to the public have very considerably increased. If such exhibitions had the effect intended, crimes would decrease in consequence of them; but instead of that result, we see crimes increasing in number from year to year. To us this is no matter of astonishment; for, independently of every other consideration, we con ceive that public executions, if they

have any tendency at all, have that effect on the mind which is favourable to the progress of vice and crime. On the well-disposed, and those who are secured against crime by regular habits and right feelings, an execution may have the effect of increasing the horror of vice, as well as of rousing their sympathies respecting the fate of a miserable, misled, and depraved fellow creature; but on those of irregular habits, and who have commenced their career of vice, the effect, we conceive, will almost uniformly be to debase and brutify, or increase that love of strong excitement, and that distaste of all regular industry and ordinary occupation, which are the great parents of vice, crime, and misery. In cases of murder, and some other most atrocious crimes, the death of the criminal may be necessary, to appease the outraged feelings of humanity, to get rid of one who is too mischievous to be indulged with life, and to pacify the minds of others. But it is well known that solitary' confinement and hard labour, are by most criminals considered higher punishments, if punishment only be in view, than death itself'; and if reformation be in view, the coercive system just mentioned, is infinitely more likely to produce amendment of heart, and reformation of principle, than the punishment of death. It would seem, therefore, that whether we consider the matter as Christians, or mercly with respect to the well-being of society, there are many strong reasons for reducing, as far as possible, the number of capital punishments.

But whatever doubts may be enter-tained as to the justice of our very limited speculation on capital punishments, there should, we think, be one opinion only for removing them from1 cities and towns to some place in the immediate vicinity, where they can be witnessed by none but voluntary sper tators. To exhibit such a spectacle, where females and others may be compelled to witness it, however trying it may be to their feelings, or dangerous to their health of body and peace of mind,"" appears to us to be wantonly cruel andar barbarous. But we must leave thel subject for the present; though notu without the intention of resuming it on those points which are of a general nature, and which are always inter-? esting to the philanthropist.

Political and Literary Anecdotes of his own Times. By Dr WILLIAM KING, Principal of St Mary Hall, Oxon. London, 1818.

THIS work was the amusement of a man of 76, a scholar, a jacobite, one who lived among the great and the learned, and spares the faults of neither. Dr King was born in 1685, and died in the end of 1763, and was, therefore, the contemporary, and at a mature age, of the rebellions of 1715 and 1745, and of all the other important events of the early part of the List century. Yet his book does not fulfil the expectations that may be raised by his political attachments, and the period in which he lived. These anecdotes, which are thrown together without method, are for the most part of no great intrinsic value, adding little or nothing to our previous knowledge either of men or measures; but some of them are curious; and the agreeable manner in which they are told, in a tone of plainness and sin cerity, renders the old gentleman very amusing companion for an idle hour. The manuscript, which, we are informed by the editor, was procured from two ladies, relatives of Dr King, is in his own hand-writing, and seems to have been intended for publication. This anonymous assurance is all the authority we have for the authenticity of the work. But its contents are not of such a description as to call for positive evidence; there is no matter of importance at issue; nor does any reason appear why it should be ascribed to any other than the real author.

a

Among the eminent individuals of that period, one of the most conspicuous was Sir Robert Walpole. E nough is known of his political character to render probable one or two anecdotes, which would be otherwise incredible. On one occasion," says Dr King," he wanted to carry a question in the House of Commons, to which he knew there would be great opposition, and which was dis liked by some of his own dependents.

As he was passing through the Court of Requests, he met a member of the contrary party, whose avarice he imagined would not reject a large bribe;" so he put into his hands a bank bill! for L. 2000, with no other preamble or ceremony but " give me your vote.” This was doing business in a business like manner. At another time, while there was a warm debate in the House of Lords concerning some ministerial measures, Sir Robert coolly observed to Mr Levison, Lord Gow=" er's brother, who was standing next him, "You see with what zeal and vehemence these gentlemen oppose, and yet I know the price of every man in this House except three, and your brother is one of them." But in the last point he was wrong, for some time after Lord Gower sold himself and half his fortune for a mere trifle, a feather, as Dr King calls it. Whem this last distinguished person got into office, he used all his art to preserve the good opinion of his old friends. He drew up articles tending to a thorough reformation, thirteen in number, and read them to our author, who observes, "that not one of them was performed, or ever intended to be performed." No wonder that "some very worthy gentlemen, and true lovers of their country, were inclined to pray for the continuance of Sir Ro bert's ministry, as the old woman prayed for the life of Dionysius the tyrant. They judged that his successors would be worse ministers, and worse men; that they would pursue his measures without his abilities; and the event has verified their predic tion."

We have a proof of Walpole's talents in a different line, and employed with a happier effect, in his method of defeating the schemes of the Pretender. Sir Robert duped h ́s agent to such a degree, as to make him believe that he himself had formed a design to restore the House of Stuart, and thus he got possession of all the agent's dispatches.

Dr King, like Voltaire, seems to think, that an evil fate constantly pur

sued the House of Stuart, and that the history of the family, both before and after their accession to the English throne, cannot well be accounted for by any natural means. Those who will not admit this to be very philosophical, may, he thinks, ascribe their singular misfortunes to their hereditary obstinacy of temper, of which, indeed, there are many striking instances, besides those noticed by our author. But there is one to which he says the ruin of the Pretender's interest was mainly owing, about which he had the best opportunity to be well informed. In the latter part of his life he was accused of having deserted his former principles; from this charge he defends himself by relating a piece of private history, interspersed with very free remarks on the character and acquirements of one hapless legitimate.

"September 1750, I received a note from my Lady Primrose, who desired to see me immediately. As soon as I waited on her, she led me into her dressing room, and presented me to If I was surprised to find him there, I was still more astonished when he acquainted me with the motives which had induced him to hazard a journey to England at this juncture. The impatience of his friends who were in exile had formed a scheme which was impracticable; but although it had been as feasible as they had represented it to him, yet no preparation had been made, nor was any thing ready to carry it into execu tion. He was soon convinced that he had been deceived, and therefore, after a stay in London of five days only, he returned to the place from whence he came. As I had some long conversations with him here, and for some years after held a constant correspondence with him, not indeed by letters but by messengers, who were occasionally dispatched to him; and as during this in tercourse I informed myself of all parti, culars relating to him and of his whole conduct, both in public and private life, I am perhaps as well qualified as any man in England to draw a just character of him; and I impose this task on myself not only for the information of posterity, but for the sake of many worthy gentlemen whom I shall leave behind me, who are at present attached to his name, and who have formed their ideas of him from public report, but more particularly from those great ac tions which he performed in Scotland. As to his person, he is tall and well made, but

The Pretender.

He

stoops a little, owing perhaps to the great fatigue which he underwent in his northern expedition. He has an handsome face and good eyes; but in a polite company he would not pass for a genteel man. French, Italian, and English, the last with hath a quick apprehension, and speaks a little of a foreign accent. As to the rest, very little care seems to have been taken of his education. He had not made the belles lettres or any of the finer arts his study, which surprised me much, considering his preceptors, and the noble opportunities he must have always had in that nursery of all the clegant and liberal arts and sciences, But I was still more astonished, when I and constitution of England, in which he found him unacquainted with the history ought to have been very early instructed. I never heard him express any noble or benevolent sentiments, the certain indications of a great soul and a good heart; or discover any sorrow or compassion for the misfortunes of so many worthy men who had suffered in his cause. † But the most odious part of his character is his love of money, a vice which I do not remember to have been imputed by our historians to any of his ancestors, and is the certain index of a base and little mind. I know it may be urged in his vindication, that a prince in exile ought to be an economist, And sa he ought; but nevertheless his purse should be always open, as long as there is any thing in it to relieve the necessities of his friends and adherents. King Charles the Second, during his banishment, would have shared the last pistole in his pocket with his little family. But I have known this gentleman with two thousand Louisdors in his strong box pretend that he was in great distress, and borrow money from a lady in Paris, who was not in affluent circumstances. His most faithful servants who had closely attended him in all his diffi

"Rome. His governor was a Protestant, and I am apt to believe purposely neglected his education, of which it is sur mised he made a merit to the English ministry; for he was always supposed to be their pensioner. The Chevalier Ramsay, the author of Cyrus, was Prince Charles's preceptor for about a year; but a court faction removed him."

"As to his religion, he is certainly free from all bigotry and superstition, and would readily conform to the religion of the country. With the Catholics he is a Catholic, with the Protestants he is a Protestant; and, to convince the latter of his sincerity, he often carried an English Common Prayer-book in his pocket: and sent to Gordon, (whom I have mentioned before,) a nonjuring clergyman, to christen the first child he had by Mrs W."