But, a short reprieve having been obtained, the mob, determined to defeat it, assembled in the night preceding the seventh day of September, whereon he was to have been executed pursuant to the sentence, and, in a very riotous manner, seized and disarmed the city-guard, and possessed themselves of the town-gates, to prevent the admission of troops quartered in the suburbs.

They then rushed to the Tolbooth prison; the doors of which not yielding to the force of their hammers, they consumed by fire, and then brought forth Porteous by violence, and hung him on a dyer's post, or frame, in the Grass-market, nigh the spot where the unfortunate people were killed.
The magistrates, attended with several of the burgesses, attempted to quell the riot and disperse the mob, but were pelted with stones, and threatened to be fired upon if they did not retire.
This insult of the sovereign authority was too flagrant to be overlooked.

Proclamations, with rewards of two hundred pounds sterling, were issued for apprehending the rioters, and, when the Parliament met, vigorous measures were taken in the affair.

The Lord Provost was ordered up to London in custody; the magistrates summoned to answer the indictment, and a bill was introduced into the House of Commons "to disable Alexander Wilson, Esq., the principal magistrate during the riots, from ever after holding any office of magistracy in Edinburgh or Great Britain; to subject him to imprisonment for a year; to abolish the town guard, and to take away the gates of the nether Bowport of the city." Oglethorpe objected to the first reading of the bill, and it encountered his vigorous opposition.

He engaged in a warm defence of the magistrates, and of the guard, declaring that there was no dereliction of duty on the part of the magistrates and of the guard, but they were overpowered by numbers, and thrown into actual jeopardy by the desperation of the mob.