This stone was immediately followed by many others; at which Porteous was so much exasperated, that he instantly called out to his men, "Fire, and be d----d!" discharging his own piece at the same time, and shooting a young man, who was apprentice to a confectioner, dead on the spot. Some of the soldiers more humanely fired over the heads of the people, but unfortunately killed two or three persons who were looking out at the windows; while others of them wantonly fired amongst the feet of the mob, by which many were so disabled as to be afterwards obliged to suffer amputation. Porteous now endeavoured to draw off his men, as the mob grew exceedingly outrageous, throwing stones, and continuing to press on the soldiers; but having gone some distance, he turned about with two of his men and fired, killing three more of the people. Porteous, being assisted by the Fusileers, at last conducted his men to the guard; when being sent for by the provost, he passed a long examination, and was committed to prison in order to take his trial for murder. On the 6th of July, 1736, the trial came on before the lords of justiciary previously to which Porteous made a judicial confession, that the people were killed as mentioned in the indictment, but pleaded self-defence. His counsel then stated the following point of law, to be determined by the judges previously to the jury being charged with the prisoner:-- "Whether a military officer, with soldiers under his command, who, being assaulted by the populace, should fire, or order his men to fire, was not acting consistently with the nature of self-defence, according to the laws of civilised nations?" The counsel for the prosecution being ordered to plead to the question, the court pronounced as their opinion, "That if it was proved that Captain Porteous either fired a gun, or caused one or more to be fired, by which any person or persons was or were killed, and if the said firing happened without orders from a magistrate properly authorised, then it would be murder in the eye of the law." Thus the question being decided against him and the jury empanelled, forty-four witnesses were examined for and against the prosecution.