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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..ad3debb --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #67416 (https://www.gutenberg.org/ebooks/67416) diff --git a/old/67416-0.txt b/old/67416-0.txt deleted file mode 100644 index 6645d7f..0000000 --- a/old/67416-0.txt +++ /dev/null @@ -1,13093 +0,0 @@ -The Project Gutenberg eBook of West Port Murders, by Anonymous - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: West Port Murders - Or an Authentic Account of the Atrocious Murders Committed by - Burke and His Associates; Containing a Full Account of All the - Extraordinary Circumstances Connected With Them. Also, a Report - of the Trial of Burke and M‘Dougal. With a Description of the - Execution of Burke, His Confessions, and Memoirs of His - Accomplices, Including the Proceedings Against Hare, &c. - -Author: Anonymous - -Contributor: Thomas Ireland - -Release Date: February 16, 2022 [eBook #67416] - -Language: English - -Produced by: Brian Coe, Karin Spence and the Online Distributed - Proofreading Team at https://www.pgdp.net (This file was - produced from images generously made available by The - Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK WEST PORT MURDERS *** - - - - - - [Illustration: WILLIAM BURKE, - as he appeared at the Bar, - taken in Court. - - _Published by Thomas Ireland Jun^r. Edinburgh._] - - - - - WEST PORT MURDERS; - - OR AN - - AUTHENTIC ACCOUNT OF THE ATROCIOUS MURDERS - - COMMITTED BY - - BURKE AND HIS ASSOCIATES; - - CONTAINING - - A FULL ACCOUNT OF ALL THE EXTRAORDINARY CIRCUMSTANCES - CONNECTED WITH THEM. - - ALSO, - - A REPORT OF THE TRIAL - - OF - - BURKE AND M‘DOUGAL. - - WITH - - A DESCRIPTION OF THE EXECUTION OF BURKE, - - HIS CONFESSIONS, AND MEMOIRS OF HIS ACCOMPLICES, - - INCLUDING - - THE PROCEEDINGS AGAINST HARE, &c. - - ILLUSTRATED BY PORTRAITS AND VIEWS. - - - “O horror! horror! horror! tongue nor heart - Cannot conceive nor name thee!” - _Macbeth._ - - - EDINBURGH: - PUBLISHED BY THOMAS IRELAND, JUNIOR, - 57, SOUTH BRIDGE STREET. - 1829. - - - EDINBURGH: - PRINTED BY A. BALFOUR AND CO. HIGH STREET. - - - - - CONTENTS. - - - Page - - INTRODUCTION 1 - - Narrative of the Officer who apprehended the Murderers, _note_ 4 - - Trial of Burke and M‘Dougal 9 - - Indictment 12 - - List of Witnesses 15 - - List of Jury 36 - - _Witnesses Examined_ - - James Braidwood 36 - - Mary Stewart 36 - - Charles M‘Lauchlan 37 - - William Noble 38 - - Anne Black or Connaway 39 - - Janet Lawrie (or Law) 42 - - Hugh Alston 44 - - Elizabeth Paterson 45 - - David Paterson 45 - - John Broggan 47 - - Ann M‘Dougal or Gray 47 - - James Gray 50 - - George M‘Culloch 51 - - John Fisher 52 - - William Hare (or Haire) 53 - - Margaret Hare (or Haire) 62 - - Dr. Black 65 - - Dr. Christison 66 - - Declaration of Burke, emitted 3d November 67 - - Do. do. 10th November 71 - - Do. do. 19th November 74 - - Declaration of M‘Dougal, 3d November 75 - - Do. do. 10th November 78 - - Verdict 92 - - Sentence 95 - - List of Counsel 96 - - Remarks 97 - - Behaviour of Pannels during Trial 101 - - Popular Excitement 105 - - Conduct of Burke in Lock-up-house 108 - - Liberation of M‘Dougal 110 - - Burke’s Conduct in Jail 113 - - Hare’s Behaviour 116 - - Burke’s and Hare’s Houses 120 - - Remarks on their Characters 123 - - Murder of Mary Paterson 124 - - Janet Brown’s Statement relative to the Murder of Paterson 125 - - Murder of Daft Jamie 132 - - Curious Rencontre between Daft Jamie and Bobby Auld 133 - - Legal Discussions relative to the Trial of Hare and the - _Socii Criminum_ 137 - - Memoirs of Burke, _with particulars_ of all the Murders - _communicated by Himself_ 170 - - List of Murders committed by Burke and Hare 201 - - Town Council Proceedings 212 - - Confessions of Burke from the Caledonian Mercury 216 - - Preparations for Burke’s Execution 221 - - Removal to the Lock-up-house 223 - - Occurrences on the Street previous to the Execution 227 - - The Execution 234 - - Character of Burke 247 - - Occurrences after the Execution 251 - - Description of the Body 252 - - Riot at the College 254 - - Phrenological Development of Burke 259 - - Observations on the Head of William Burke 262 - - Remarks on do. 267 - - Proceedings against Hare 272 - - Memoirs of Hare 306 - - Hare’s Reception in Dumfries 312 - - Hare’s Appearance 325 - - Letter from the Sheriff to the Right Hon. the Lord Provost 329 - - Official Confessions of Burke 331 - - Confessions of Burke from the Edinburgh Evening Courant 340 - - Account of Helen M‘Dougal 353 - - ---- ---- Mrs. Hare 355 - - Popular Tumult 361 - - - LIST OF PLATES. - - Portrait of Burke, to face title - - Ground Plan of Burke’s House 36 - - Portrait of Helen M‘Dougal 97 - - Burke’s House from the Back Court 120 - - View of Burke’s Execution 237 - - Portrait of Hare 272 - - Fac-simile of Burke’s Hand-writing 352 - - Portrait of Mrs. Hare 355 - - - - - THE WEST PORT MURDERS. - - -We have heard a great deal of late concerning “the march of intellect” -for which the present age is supposed to be distinguished; and the -phrase has been rung in our ears till it has nauseated us by its -repetition, and become almost a proverbial expression of derision. But -we fear that, with all its pretended illumination, the present age must -be characterized by some deeper and fouler blots than have attached to -any that preceded it; and that if it has brighter spots, it has also -darker shades and more appalling obscurations. It has, in fact, nooks -and corners where every thing that is evil seems to be concentrated and -condensed; dens and holes to which the Genius of Iniquity has fled, -and become envenomed with newer and more malignant inspirations. Thus -the march of crime has far outstripped “the march of intellect,” and -attained a monstrous, a colossal development. The knowledge of good -and evil would seem to have imparted a fearful impulse to the latter -principle; to have quickened, vivified, and expanded it into an awful -and unprecedented magnitude. Hence old crimes have become new by being -attended with unknown and unheard-of concomitants; and atrocities never -dreamt of or imagined before have sprung up amongst us to cover us -with confusion and dismay. No one who reads the following report of -the regular system of murder, which seems to have been organised in -Edinburgh, can doubt that it is almost wholly without example in any -age or country. Murder is no novel crime; it has been done in the olden -time as well as now; but murder perpetrated in such a manner, upon -such a system, with such an object or intent, and accompanied by such -accessory circumstances, was never, we believe, heard of before, and, -taken altogether, utterly transcends and beggars every thing in the -shape of tragedy to be found in poetry or romance. Even Mrs. Radcliffe, -with all her talent for imagining and depicting the horrible, has not -been able to invent or pourtray scenes at all to be compared, in point -of deep tragical interest, with the dreadful realities of the den in -the West Port. To show this, we shall endeavour to exhibit a faint -sketch of the more prominent circumstances attending the murder of the -woman Campbell or Docherty, as proved in evidence at the trial. - -In the morning of a certain day in October last (the 31st) Burke -chances to enter the shop of a grocer, called Rymer; and there he sees -a poor beggar woman asking charity. He accosts her, and the brogue -instantly reveals their common country. The poor old woman’s heart -warms to her countryman, and she tells him that her name is Docherty, -and that she has come from Ireland in search of her son. Burke, on -the other hand, improves the acquaintance, by pretending that his -mother’s name was also Docherty, and that he has a wondrous affection -for all who bear the same euphonous and revered name. The old woman -is perfectly charmed with her good fortune in meeting such a friend -in such a countryman, and her heart perfectly overflows with delight. -Burke, again, seeing that he has so far gained his object, follows up -his professions of regard by inviting Mrs. Docherty to go with him to -his house, at the same time offering her an asylum there. The poor -beggar woman accepts the fatal invitation, and accompanies Burke to -that dreadful den, the scene of many previous murders, whence, she -is destined never to return. Here the ineffable ruffian treats her -to her breakfast, and as her gratitude rises, his apparent attention -and kindness increase. This done, however, he goes in search of his -associate and accomplice Hare, whom he informs that he has “got a -_shot_ in the house,” and invites to come over at a certain time and -hour specified “to see it done.” Betwixt eleven and twelve o’clock at -night is fixed upon by these execrable miscreants for destroying the -unhappy victim whom Burke had previously seduced into the den of murder -and death; and then Burke proceeds to make the necessary arrangements -for the commission of the crime. Gray and his wife, lodgers in Burke’s -house, and whom the murderers did not think it proper or safe to -entrust with the secret, are removed for that night alone: another -bed is procured for them, and paid for, or offered to be paid for, by -Burke. By and by the murderers congregate, and females, cognisant of -their past deeds, as well as of the crime which was to be perpetrated, -mingle with them in this horrid meeting. Spirituous liquor is procured -and administered to the intended victim; they all drink mere or less -deeply; sounds of mirth and revelry are heard echoing from this -miniature pandæmonium; and a dance, in which they all, including the -beggar woman, join, completes these infernal orgies. This is kept up -for a considerable while, and is the immediate precursor of a deed -which blurs the eye of day, and throws a deeper and darker shade around -the dusky brow of night. - -At length the time for “doing it” arrives. Burke and Hare got up a -sham fight, to produce a noise of brawling and quarrelling, common -enough in their horrid abode; and when this has been continued long -enough as they think, Burke suddenly springs like a hungry tiger on -his victim, whom one of his accomplices had, as if by accident, thrown -down,--flings the whole weight of his body upon her breast,--grapples -her by the throat,--and strangles her outright. Ten minutes or a -quarter of an hour elapse while this murderous operation is going on, -and ere it is completed; during the whole of which time Hare, by his -own confession in the witness-box, sat upon the front of the bed, a -cool spectator of the murder, without raising a cry or stretching -out a hand to help the unhappy wretch thus hurried into eternity by -his associate fiend Burke. As to the women (Helen M‘Dougal, Burke’s -helpmate, and the wife of the miscreant Hare) they seem to have -retreated into a passage closed in by an outer door, “when they saw him -(Burke) on the top of her” (Docherty), and to have remained there while -he was perpetrating the murder; without, however, uttering a single -sound or doing a single act, calculated to interrupt the murderer in -his work of blood, or to procure assistance to the dying victim. These -she-devils were familiar with the work of death; and one of them, the -wife of Hare, confessed it in the witness-box. She had seen, she said, -such “tricks” before. - -No language can add to the impression which these facts are calculated -to produce. The succeeding events, however, are not less picturesquely -horrifying. The murder was committed at eleven o’clock, and in an -hour after, or at twelve, Burke fetches Paterson, the assistant or -servant of a teacher of Anatomy in Edinburgh, to whom he was in the -habit of selling the bodies of his victims, to the spot--the murdered -body being by this time stuffed under the bed and covered with straw; -and, pointing to that truly dreadful place, tells him that he has got -a subject for him there, which will be ready for him in the morning. -The demons then appear to have recreated themselves with fresh dozes -of liquor; and about four or five in the morning, the two women -already mentioned, with a fellow of the name of Broggan who had joined -the party, after the deed was done,--laid down in the bed, beneath -which the murdered body of Docherty, not yet cold in death, had been -crammed, and went to sleep, some of them at least, as coolly as if -nothing of the kind had occurred. When daylight returned, the tea-box, -so often mentioned in the course of the trial, was procured, and the -slaughtered body crammed into it, and sent off by the porter M‘Culloch, -to Surgeons’ Square; after which Burke and his accomplice Hare set off -for Newington to obtain the whole or part of the price of the subject -they had procured by murder, and actually got _five pounds_, being -one-half of the price agreed upon.[1] - -Such is an imperfect and feeble outline of the facts of this case, in -the course of which was disclosed the horrid and appalling fact, that, -in certain holes and dens, both in the heart and in the outskirts of -this city, murder had been reduced into a system, with the view of -obtaining money for the bodies murdered; and that it was perpetrated in -the manner least likely to leave impressed upon the body any evident -or decisive marks of violence, being invariably committed by means -of suffocation or strangling, during partial or total intoxication. -The public is therefore to consider the present as only one out of -many instances of a similar nature which have occurred. Hare’s wife -admitted that she had witnessed many “tricks” of the same kind; and -Hare himself, when undergoing the searching cross-examination of Mr. -Cockburn--a cross-examination such as was never before exemplified -in any Court of Justice--durst not deny that he had been concerned -in other murders besides that of Docherty;--that a murder had been -committed in his own house in the month of October last;--that he -himself was a murderer, and his hands steeped in blood and slaughter: -we say he durst not deny it, and only took refuge in “declining -to answer” the questions put to him; which the Court of course -apprised him he was entitled to do in regard to questions that went -to criminate himself so deeply, and but for which caution we have -little doubt that he would have confessed not merely accession, but a -principal share in several murders. In fact, this “squalid wretch,” -as Mr. Cockburn so picturesquely called him, from the hue and look -of the carrion-crow in the witness-box, was disposed to be extremely -communicative, and apparently had no idea that any thing he had stated -was at all remarkable or extraordinary. Daft Jamie was murdered in -this miscreant’s house, and he has mentioned some circumstances -connected with the destruction of this poor innocent, calculated to -form a suitable _pendant_ to the description we have already given -of the murder of Docherty. Jamie was enticed into Hare’s house by -Burke, the usual decoy-duck in this traffic of blood (the appearance -of Hare himself being so inexpressibly hideous that it would have -scared even this moping idiot,) and he was plied with liquor for a -considerable time. At first he refused to imbibe a single drop; but -by dint of coaxing and perseverance, they at last induced him to -take a little; and after he once took a little, they found almost -no difficulty in inducing him to take more. At length, however, he -became overpowered, and laying himself down on the floor, fell asleep. -Burke, who was anxiously watching his opportunity, then said to Hare, -“Shall I do it now?” to which Hare replied, “He is too strong for you -yet; you had better let him alone a while.” Both the ruffians seem to -have been afraid of the physical strength which they knew the poor -creature possessed, and of the use he would make of it, if prematurely -roused. Burke, accordingly, waited a little, but getting impatient -to accomplish his object, he suddenly threw himself upon Jamie, and -attempted to strangle him. This roused the poor creature, and, muddled -as he was with liquor and sleep, he threw Burke off and got to his -feet, when a desperate struggle ensued. Jamie fought with the united -frenzy of madness and despair, and Burke was about to be overpowered, -when he called out furiously to Hare to assist him. This Hare did by -tripping up Jamie’s heels; after which both the ruffians got upon him, -and, at length, though not even then without the greatest difficulty, -succeeded in strangling him. - -And all this has happened and has been carried on in a Christian -country, and in the Metropolis of Scotland, without a breath of -suspicion having been excited as to the existence of such hellish -atrocities, till Gray lodged information at the Police Office of the -murder of the woman Campbell or Docherty. It was said at the trial, -that the public mind had been excited and inflamed on the subject to -a degree wholly unprecedented; but how is it conceivable or possible -that even the lightest whisper of such infernal deeds--of an organised -system of murder--could find its way to the public, without producing -this excitement, without kindling up every feeling of horror and -indignation which the darkest and most unheard-of atrocities could -possibly rouse in virtuous and untainted minds? This was a natural -result of a great and unparalleled crime, or rather system of crimes; -it was a result which no power or influence could prevent; it was a -result which, even if it had been possible, ought not to have been -prevented. But as this excitement existed--as it had more or less -pervaded every mind--and as it might eventually, if not controlled, -have interfered with and affected the administration of stern justice, -it was right, nay it was necessary, both for the sake of public justice -and also for the satisfaction of the country, that the prisoners should -be ably and powerfully defended. Under this conviction, the head of -the Bar of Scotland, in conjunction with some other of its brightest -ornaments, came forward to offer their gratuitous services on the -occasion; and certainly never was there a defence in any case conducted -with more consummate ability--never perhaps was there a trial in which -higher talent, greater experience, or more splendid and overmastering -eloquence were displayed. And we rejoice that such has been the case. -Conduct like this reflects eternal honour on the Bar; because there -are instances in which it may throw a shield around innocence; while, -in every case, it is calculated to preserve the course of justice pure -and undefiled, as well to give additional satisfaction to the country, -to create additional confidence in the purity of the law, and to beget -a stronger feeling of security in the protection which it affords. -The most atrocious crimes are precisely those which ought to be most -cautiously and fully investigated; where prejudice of all sorts ought -to be most anxiously excluded or counteracted; where every facility in -the power of the Court to give, ought to be afforded to the prisoner, -both in preparing for his defence and on his trial; where the rules of -evidence ought to be most strictly adhered to, in so far as regards -either the admissibility or credibility of testimony; where the accused -should have the fullest benefit of every presumption in his favour; -and where his defence, ought if possible, to be conducted with the -greatest legal ability. Now Burke had all these advantages. The Court, -in the exercise of the discretion with which it is entrusted, adjudged -the trial of the prisoner to proceed upon only one of three separate -acts of murder charged against him in the indictment; while the -splendid array of Counsel, who voluntarily and gratuitously undertook -the conduct of his defence, exerted their whole skill, talents, and -eloquence, in his behalf. And we repeat that we rejoice at this; for, -as was well observed by the Lord Advocate in addressing the Jury for -the Crown upon the evidence which had been led, if the prisoner had -any good defence, it was thus sure to have ample justice done to it; -and if a conviction was obtained, it would be more satisfactory to the -country, and infinitely more important to the purity and efficacy of -the law. - -In these circumstances, however, a conviction _has_ been obtained -against the pannel Burke--the prime murderer--the immediate and -direct agent by whom the crime charged was committed--the agent also, -we firmly believe, by whom not _three_ but _thirteen_ persons were -slaughtered, with the intent of excambing their murdered bodies for -gold; this monster, we say, _has_ been convicted, and adjudged to -suffer the highest punishment of the law: and, with a sort of poetical -justice, he who made subjects of others, is to be made a subject -himself, and he now knows that his vile carcass, when the hangman is -done with it, will be subjected to the same process with the bodies of -his murdered victims. The idea of hanging him in chains would have been -out of all keeping with his crime; and hence, though once entertained, -it was most properly and judiciously abandoned. But the conviction -of Burke alone will not satisfy either the law or the country. The -unanimous voice of society in regard to Hare is, _Delendus est_; that -is to say, if there be evidence to convict him, as we should hope there -is. He has been an accessory before or after the fact in nearly all -of these murders; in the case of poor Jamie he was unquestionably a -principal; and his evidence on Wednesday only protects him from being -called to account for the murder of Docherty. We trust, therefore, that -the Lord Advocate, who has so ably and zealously performed his duty to -the country upon this occasion, will bring the “squalid wretch” to -trial, and take every other means in his power to have these atrocities -probed and sifted to the bottom. - - - - - TRIAL OF WILLIAM BURKE AND HELEN M‘DOUGAL. - - -No trial in the memory of any man living has excited so deep, -universal, and, we may almost add, appalling an interest as that of -WILLIAM BURKE and his female associate, HELEN M‘DOUGAL, which took -place on Wednesday, 24th December, 1828. By the statements which from -time to time appeared in the newspapers, public feeling had been worked -up to the highest pitch of excitement, and the case, in so far as the -miserable pannels were concerned, to a certain extent prejudiced by -the natural abhorrence which the account of a new and unparalleled -crime was calculated to excite. This, however, is an evil inseparable -from the freedom, activity, and enterprise of the press, which is -necessarily compelled to lay hold of the events of the passing hour, -more especially when these are of an extraordinary or unprecedented -kind: but it was more than atoned for by many countervailing advantages -of the greatest moment to the interests of the community; and, besides, -we are satisfied that any prejudice or prepossession thus created, -was anxiously and effectually excluded from the minds of the jury, by -whom this singular case was tried, and that they were swayed by no -consideration except a stern regard to the sanction of their oaths, -the purity of justice, and the import of the evidence laid before -them. At the same time, it was not so much to the accounts published -in the newspapers, which merely embodied and gave greater currency to -the statements circulating in society, as to the extraordinary, nay, -unparalleled circumstances of the case, that the strong excitement of -the public mind ought to be ascribed. These were without any precedent -in the records of our criminal practice, and, in fact, amounted to the -realization of a nursery tale. The recent deplorable increase of crime -has made us familiar with several new atrocities. Poisoning is now, it -seems, rendered subsidiary to the commission of theft: stabbings, and -attempts at assassination, are matters of almost every day occurrence: -and murder has grown so familiar to us, that it has almost ceased to -be viewed with that instinctive and inexpressible dread which the -commission of the greatest crime against the laws of God and society -used to excite. But the present was the first instance of murder -alleged to have been perpetrated with the aforethought purpose and -intent of selling the murdered body as a subject for dissection to -anatomists: it was a new species of assassination, or murder for hire: -and as such, no less than from the general horror felt by the people -of this country at the process, from ministering to which the murderers -expected their reward, it was certainly calculated to make a deep -impression on the public mind, and to awaken feelings of strong and -appalling interest in the issue of the trial. - -Of the extent of the impression thus produced, and the feelings thus -awakened, it was easy to judge from what was every where observable on -Monday and Tuesday. The approaching trial formed the universal topic -of conversation, and all sorts of speculations and conjectures were -afloat as to the circumstances likely to be disclosed in the course of -it, and the various results to which it would eventually lead. As the -day drew near, the interest deepened; and it was easy to see that the -common people shared strongly in the general excitement. The coming -trial, they expected, was to disclose something which they had often -dreamed of, or imagined, or heard recounted around an evening’s fire, -like a tale of horror, or a raw-head-and-bloody-bones story, but which -they never, in their sober judgment, either feared or believed to be -possible; and hence, they looked forward to it with corresponding but -indescribable emotions. In short, all classes participated more or less -in a common feeling respecting the case of this unhappy man and his -associate; all expected fearful disclosures; none, we are convinced, -wished for any thing but justice. - -As it was morally certain that a vast crowd would be assembled early -on Wednesday, arrangements were made on Tuesday, under the immediate -superintendence of Mr. Sheriff Duff, for the admission of jurymen by -the door which connects the Signet Library with the Outer House, and -also for the accommodation of the individuals connected with the public -press. One half of the Court, the narrow dimensions of which have been -often complained of, and in fact were never more seriously felt, was, -as usual on such occasions, reserved for the members of the Faculty and -the Writers to the Signet in their gowns. - -So early as seven o’clock in the morning of Wednesday, a considerable -crowd had assembled in the Parliament Square, and around the doors -of the Court; and numerous applications for admission were made to -the different subordinate functionaries, but in vain. The regulations -previously agreed upon were most rigorously observed; while a large -body of police, which was in attendance, maintained the utmost order, -and kept the avenues to the Court unobstructed. The individuals -connected with the press were conducted to the seats provided for them -a little before eight o’clock; the members of the Faculty and of the -Society of Writers to the Signet were admitted precisely at nine; -and thus, with the jurymen impannelled, and a few individuals who had -obtained the _entrée_ in virtue of orders from the Judges, the -Court became at once crowded in every part. - -About twenty minutes before ten o’clock, the prisoners, William Burke -and Helen M‘Dougal, were placed at the bar. The male prisoner, as -his name indicates, is a native of Ireland. He is a man rather below -the middle size, but stoutly made, and of a determined, though not -peculiarly sinister expression of countenance. The contour of his -countenance, as well as his features, are decidedly Milesian. His -face is round, with high cheek bones, grey eyes, a good deal sunk in -the head, a short snubbish nose, and a round chin, but altogether -of a small cast. His hair and whiskers, which are of a light sandy -colour, comport well with the make of the head, and with the complexion -which is nearly of the same hue. He was dressed in a shabby blue -surtout, buttoned close to the throat, a striped cotton waistcoat, and -dark-coloured small clothes, and had, upon the whole, what is called in -this country a _waugh_ rather than a ferocious appearance; though -there is a hardness about the features, mixed with an expression in the -grey twinkling eyes, far from inviting. The female prisoner is fully -of the middle size, but thin and spare made, though evidently of large -bone. Her features are long, and by no means disagreeable,--a pair of -large, full, black eyes, imparting to them even something of interest -and expressiveness; but the upper half of her face is out of proportion -to the lower. She was miserably dressed in a small stone-coloured silk -bonnet, very much the worse for the wear, a printed cotton shawl, and -a cotton gown. She stoops considerably in her gait, and has nothing -peculiar in her appearance, except the ordinary look of extreme penury -and misery, common to unfortunate females of the same degraded class. -Both prisoners, especially Burke, entered the Court without any visible -signs of perturbation, and both seemed to attend very closely to the -proceedings which soon after commenced. - -The Court met at precisely a quarter past ten o’clock. The Judges -present were, the Right Honourable the Lord Justice Clerk, and Lords -Pitmilly, Meadowbank, and Mackenzie. Their Lordships having taken their -seats, and the instance having been called, - -The Lord Justice Clerk said--William Burke, and Helen M‘Dougal, pay -attention to the indictment that is now to be read against you. - -Mr. Patrick Robertson.--I object to the reading of the indictment. -It contains charges which I hope to be able to show your Lordships -are incompetent, and the reading of the whole of the libel must tend -materially to prejudice the prisoners at the bar. - -The Lord Justice Clerk.--I am unaccustomed to this mode of procedure. -It depends upon the Court whether the indictment shall be read or not. - -Mr. Patrick Robertson.--Certainly, my Lord; but I understand it is not -necessary to read the indictment; and we object to its being done on -the present occasion. - -Lord Justice Clerk.--We have found but little advantage to result from -the practice recently introduced of _not_ reading the indictment. It -has rendered constant explanations necessary, and consumes more time -the one way than the other. - -Mr. Cockburn.--We object to the indictment being read, because it -is calculated to prejudice the prisoner. Our statement is, that it -contains charges, the reading of which cannot fail to operate against -him, and that these charges make no legal part of the libel. - -Lord Meadowbank.--I am against novelties; I am against interfering with -the discretion of the Court. - -The indictment was then read as follows:-- - - William Burke and Helen M‘Dougal, both present prisoners in - the tolbooth of Edinburgh, you are indicted and accused at - the instance of Sir WILLIAM RAE of St. Catharine’s, Bart. his - Majesty’s Advocate for his Majesty’s interest: That albeit, by - the laws of this and of every other well governed realm, MURDER, - is a crime of an heinous nature and severely punishable: Yet - true it is and of verity, that you the said William Burke and - Helen M‘Dougal are both and each, or one or other of you, guilty - of the said crime, actor or actors, or art and part: In so far - as, on one or other of the days between the 7th and 16th days of - April 1828, or on one or other of the days of that month, or of - March immediately preceding, or of May immediately following, - within the house in Gibb’s Close, Canongate, Edinburgh, then - and now or lately in the occupation of Constantine Burke, then - and now or lately scavenger in the employment of the Edinburgh - Police Establishment, you the said William Burke did, wickedly - and feloniously, place or lay your body or person, or part - thereof, over or upon the breast or person and face of Mary - Paterson or Mitchell, then or recently before that time, or - formerly preceding, with Isabella Burnet or Worthington, - then and now or lately residing in Leith Street, in or near - Edinburgh, when she, the said Mary Paterson or Mitchell was - lying in the said house, in a state of intoxication, did, by - the pressure thereof, and by covering her mouth and nose with - your body or person, and forcibly compressing her throat with - your hands, and forcibly keeping her down, notwithstanding her - resistance, or in some other way to the Prosecutor unknown, - preventing her from breathing, suffocate or strangle her; - and the said Mary Paterson or Mitchell was thus, by the said - means or part thereof, or by some other means or violence, the - particulars of which are to the Prosecutor unknown, wickedly - bereaved of life by you the said William Burke; and this you - did with the wicked aforethought intent of disposing of, or - selling the body of the said Mary Paterson or Mitchell, when - so murdered, to a physician or surgeon, or some person in - the employment of a physician or surgeon, as a subject for - dissection, or with some other wicked and felonious intent - to the Prosecutor unknown. (2.) Further, on one or other of - the days, between the 5th and 26th days of October 1828, or - on one or other of the days of that month, or of September - immediately preceding, or of November immediately following, - within the house situated in Tanner’s Close, Portsburgh, or - Wester Portsburgh, in or near Edinburgh, then and now or lately - in the occupation of William Haire or Hare, then and now or - lately labourer, you the said William Burke did wickedly and - feloniously attack and assault James Wilson, commonly called or - known by the name of Daft Jamie, then or lately residing in the - house of James Downie, then and now or lately porter, and then - and now or lately residing in Stevenlaw’s Close, High Street, - Edinburgh, and did leap and throw yourself upon him, when the - said James Wilson was lying in the said house, and he having - sprung up, you did struggle with him, and did bring him to the - ground, and you did place or lay your body or person, or part - thereof, over or upon the person or body and face of the said - James Wilson, and did by the pressure thereof, and by covering - his mouth and nose with your person or body, and forcibly - keeping him down, and compressing his mouth, nose, and throat, - notwithstanding every resistance on his part, and thereby, or - in some other manner to the Prosecutor unknown, preventing him - from breathing, suffocate or strangle him; and the said James - Wilson was thus, by the said means, or part of them, or by some - other means or violence, the particulars of which are to the - Prosecutor unknown, wickedly bereaved of life and murdered by - you the said William Burke; and this you did with the wicked - aforethought and intent of disposing of or selling the body - of the said James Wilson, when so murdered, to a physician or - surgeon, or to some person in the employment of a physician or - surgeon, as a subject for dissection, or with some other wicked - and felonious intent or purpose, to the Prosecutor unknown. (3.) - Further, on Friday the 31st day of October 1828, or on one or - other of the days of that month, or of September immediately - preceding, or of November immediately following, within the - house then or lately occupied by you the said William Burke, - situated in that street of Portsburgh, or Wester Portsburgh, in - or near Edinburgh, which runs from the Grassmarket of Edinburgh - to Main Point, in or near Edinburgh, and on the north side of - the said street, and having an access thereto by a trance or - passage, entering from the street last above libelled, and - having also an entrance from a court or back court on the north - thereof, the name of which is to the Prosecutor unknown, you - the said William Burke and Helen M‘Dougal, did both and each, - or one or other of you, wickedly and feloniously place or lay - your bodies or persons, or part thereof, on the body or person - or part thereof of one or other of you, over or upon the person - or body and face of Madgy or Margery or Mary M‘Gonegal, or - Duffie, or Campbell, or Docherty, then or lately residing in - the house of Roderick Stewart or Stuart, then and now or lately - labourer, and then and now or lately residing in the Pleasance, - in or near Edinburgh; when she, the said Madgy or Margery, - or Mary M‘Gonegal, or Duffie, or Campbell, or Docherty, was - lying on the ground, and did, by the pressure thereof, and by - covering her mouth and the rest of her face with your bodies or - persons, or the body or person of one or other of you, and by - grasping her by the throat, and keeping her mouth and nostrils - shut, with your hands, and thereby, or in some other way to the - Prosecutor unknown, preventing her from breathing, suffocate or - strangle her; and the said Madgy or Margery, or Mary M‘Donegal, - or Duffie, or Campbell, or Docherty, was thus, by the said - means, or part thereof, or by some other means or violence, the - particulars of which are to the Prosecutor unknown, wickedly - bereaved of life, and murdered by you the said William Burke, - and you the said Helen M‘Dougal, or one or other of you; and - thus you, both and each, or one or other of you, did, with the - wicked aforethought intent of disposing of or selling the body - of the said Madgy or Margery or Mary M‘Gonegal, or Duffie, or - Campbell, or Docherty, when so murdered, to a physician or - surgeon, or to some person in the employment of a physician or - surgeon, as a subject for dissection, or with some other wicked - and felonious intent or purpose to the Prosecutor unknown: And - you, the said William Burke, having been taken before George - Tait, Esq. sheriff-substitute of the shire of Edinburgh, you - did in his presence, at Edinburgh, emit and subscribe five - several declarations of the dates respectively following, - viz.:--The 3d, 10th, 19th, and 29th days of November, and 4th - day of December 1828: And you, the said Helen M‘Dougal, having - been taken before the said sheriff-substitute, you did in his - presence, at Edinburgh, emit two several declarations, one - upon the 3d and another upon the 18th days of November 1828, - which declarations were each of them respectively subscribed - in your presence by the said sheriff-substitute, you having - declared you could not write: which declarations being to be - used in evidence against each of you by whom the same were - respectively emitted; as also the skirt of a gown; as also a - petticoat; as also a brass snuff-box, and a snuff-spoon, a - black coat, a black waistcoat, a pair of moleskin trowsers, - and a cotton handkerchief or neckcloth, to all of which sealed - labels are now attached, being to be used in evidence against - you, the said William Burke; as also a coarse linen sheet, a - coarse pillow-case, a dark printed cotton gown, a red-stripped - cotton bed-gown, to which a sealed label is now attached; as - also a wooden box; as also a plan, entitled “Plan of Houses - in Wester Portsburgh and places adjacent,” and bearing to be - dated Edinburgh, 20th November 1828, and to be signed by James - Braidwood, 22, Society, being all to be used in evidence against - both and each of you, the said William Burke and Helen M‘Dougal, - at your trial, will for that purpose be in due time lodged - in the hands of the clerk of the High Court of Justiciary, - before which you are about to be tried, that you may have an - opportunity of seeing the same. All which, or part thereof, - being found proven by the verdict of an assize, or admitted by - the respective judicial confessions of you the said William - Burke and Helen M‘Dougal, before the Lord Justice-General, the - Lord Justice Clerk, and the Lords Commissioners of Justiciary, - you, the said William Burke and Helen M‘Dougal, ought to be - punished with the pains of law, to deter others from committing - the like crimes in all time coming. - - A. WOOD, _A.D._ - - - LIST OF WITNESSES. - - 1 George Tait, Esquire, sheriff-substitute of the shire of - Edinburgh. - - 2 Archibald Scott, procurator-fiscal of said shire. - - 3 Richard John Moxey, now or lately clerk in the sheriff-clerk’s - office, Edinburgh. - - 4 Archibald M‘Lucas, now or lately clerk in the sheriff-clerk’s - office, Edinburgh. - - 5 Janet Brown, now or lately servant to, and residing with, - Isabella Burnet or Worthington, now or lately residing in Leith - Street, in or near Edinburgh. - - 6 The foresaid Isabella Burnet or Worthington. - - 7 Elizabeth Graham or Burke, wife of Constantine Burke, now or - lately scavenger in the employment of the Edinburgh police, and - now or lately residing in Gibb’s close, Canongate, Edinburgh. - - 8 The foresaid Constantine Burke. - - 9 Jean Anderson or Sutherland, wife of George Sutherland, now or - lately silversmith, and now or lately residing in Middleton’s - Entry, Potter-row, Edinburgh. - - 10 William Haire or Hare, present prisoner in the tolbooth of - Edinburgh. - - 11 Margaret Laird or Haire or Hare, wife of the foresaid William - Haire or Hare, and present prisoner in the tolbooth of Edinburgh. - - 12 Jean M‘Donald or Coghill, wife of Daniel Coghill, now or - lately shoemaker, and now or lately residing in South St. - James’s street, in or near Edinburgh. - - 13 Margaret M‘Gregor, now or lately servant to, and residing - with, John Clark, now or lately baker, and now or lately - residing in Rose street, in or near Edinburgh. - - 14 Richard Burke, son of, and now or lately residing with, the - foresaid Constantine Burke. - - 15 William Burke, son of, and now or lately residing with, the - foresaid Constantine Burke. - - 16 Janet Wilson or Downie, wife of James Downie, now or lately - porter, and now or lately residing in Stevenlaw’s close, High - street, Edinburgh. - - 17 Mary Downie, daughter of, and now or lately residing with, - the foresaid James Downie. - - 18 William Cunningham, now or lately scavenger in the employment - of the Edinburgh police, and now or lately residing in Fairley’s - Entry, Cowgate, Edinburgh. - - 19 George Barclay, now or lately tobacconist in North College - street, in or near Edinburgh. - - 20 David Dalziell, now or lately copperplate printer, and now or - lately residing with his father, George Dalziell, now or lately - painter, and now or lately residing in North Fowlis’ close, High - street, Edinburgh. - - 21 Margaret Newbigging or Dalziell, wife of the foresaid David - Dalziell. - - 22 Joseph M‘Lean, now or lately tinsmith, and now or lately - residing in Coul’s close, Canongate, Edinburgh. - - 23 Andrew Farquharson, now or lately sheriff-officer in - Edinburgh. - - 24 George M‘Farlane, now or lately porter, and now or lately - residing in Paterson’s court, Lawnmarket, Edinburgh. - - 25 John Brogan, now or lately in the employment of John - Vallence, now or lately carter, and now or lately residing in - Semple street, near Edinburgh. - - 26 Janet Lawrie or Law, wife of Robert Law, now or lately - currier, and now or lately residing in Portsburgh or Wester - Portsburgh, in or near Edinburgh. - - 27 Ann Black, or Connaway, or Conway, wife of John Connaway or - Conway, now or lately labourer, and now or lately residing in - Portsburgh or Wester Portsburgh aforesaid. - - 28 The foresaid John Connaway or Conway. - - 29 William Noble, now or lately apprentice to David Rymer, now - or lately grocer and spirit-dealer in Portsburgh or Wester - Portsburgh aforesaid. - - 30 James Gray, now or lately labourer, and now or lately - residing with Henry M‘Donald, now or lately dealer in coals, and - now or lately residing in the Grassmarket, Edinburgh. - - 31 Ann M‘Dougall or Gray, wife of the foresaid James Gray. - - 32 Hugh Alston, now or lately grocer, and now or lately residing - in Portsburgh or Wester Portsburgh aforesaid. - - 33 Elizabeth Paterson, daughter of, and now or lately residing - with, Isabella Smith or Paterson, now or lately residing in - Portsburgh or Wester Portsburgh aforesaid. - - 34 The foresaid Isabella Smith or Paterson. - - 35 John M‘Culloch, now or lately porter, and now or lately - residing in Alison’s close, Cowgate, Edinburgh. - - 36 John Fisher, now or lately one of the criminal officers of - the Edinburgh police establishment. - - 37 John Findlay, now or lately one of the patrole of the - Edinburgh police establishment. - - 38 James Paterson, now or lately lieutenant of the Edinburgh - police establishment. - - 39 James M‘Nicoll, now or lately one of the serjeants of the - Edinburgh police establishment. - - 40 Mary Stewart or Stuart, wife of Roderick Stewart or Stuart, - now or lately labourer, and now or lately residing in the - Pleasance, near Edinburgh. - - 41 The foresaid Roderick Stewart or Stuart. - - 42 Charles M‘Lauchlan, now or lately shoemaker, and now or - lately residing with the foresaid Roderick Stewart or Stuart. - - 43 Elizabeth Main, now or lately servant to the foresaid William - Haire or Hare. - - 44 Robert Knox, M. D. lecturer on Anatomy, now or lately - residing in Newington place, near Edinburgh. - - 45 David Paterson, now or lately keeper of the Museum belonging - to the foresaid Dr. Robert Knox, and now or lately residing in - Portsburgh, or Wester Portsburgh aforesaid, with his mother, the - foresaid Isabella Smith or Paterson. - - 46 Thomas Wharton Jones, now or lately surgeon, and now or - lately residing in West Circus place, in or near Edinburgh, with - his mother, Margaret Cockburn or Jones. - - 47 William Ferguson, now or lately surgeon, and now or lately - residing in Charles street, in or near Edinburgh, with his - brother, John Ferguson, now or lately writer. - - 48 Alexander Miller, now or lately surgeon, and now or lately - residing in the lodgings of Elizabeth Anderson or Montgomery, - now or lately residing in Clerk street, in or near Edinburgh. - - 49 Robert Christison, M. D. now or lately Professor of Medical - Jurisprudence in the University of Edinburgh. - - 50 William Pulteny Alison, M. D. now or lately Professor of the - Theory of Physic in the University of Edinburgh. - - 51 William Newbigging, now or lately surgeon, and now or lately - residing in St. Andrew’s square, Edinburgh. - - 52 Alexander Black, now or lately surgeon to the Edinburgh - police establishment. - - 53 James Braidwood, now or lately builder, and master of - fire-engines on the Edinburgh police establishment. - - 54 Alexander M‘Lean, now or lately sheriff-officer in Edinburgh. - - 55 James Evans, student of medicine, now or lately residing with - Mr. James Moir, surgeon, residing in Tiviot-row, in or near - Edinburgh. - - A. WOOD, _A. D._ - - * * * * * - -DEAN OF FACULTY.--We have given in separate defences, which may as well -be read now,--beginning with the defences for the male prisoner. - -The defences for Burke was then read as follows: - -The pannel submits that he is not bound to plead to, or to be tried -upon a libel, which not only charges him with three unconnected -murders, committed each at a different time, and at a different place, -but also combines his trial with that of another pannel, who is not -even alleged to have had any concern with two of the offences of which -he is accused. Such an accumulation of offences and pannels is contrary -to the general and the better practice of the Court; it is inconsistent -with right principle, and indeed, so far as the pannel can discover, -is altogether unprecedented; it is totally unnecessary for the ends of -public justice, and greatly distracts and prejudices the accused in -their defence. It is therefore submitted that the libel is completely -vitiated by this accumulation, and cannot be maintained as containing -a proper criminal charge. On the merits of the case, the pannel has -only to state that he is not guilty, and that he rests his defence on a -denial of the facts set forth in the libel. - -The defences for Helen M‘Dougal were next read as follows: - -If it shall be decided that the prisoner is obliged to answer to -this indictment at all, her answer to it is, that she is not guilty, -and that the Prosecutor cannot prove the facts on which his charge -rests. But she humbly submits that she is not bound to plead to it. -She is accused of one murder committed in October 1828, in a house in -Portsburgh, and of no other offence. Yet she is placed in an indictment -along with a different person, who is accused of other two murders, -each of them committed at a different time, and at a different place, -it not being alleged that she had any connection with either of these -crimes. This accumulation of pannels and of offences is not necessary -for public justice, and exposes the accused to intolerable prejudice, -and is not warranted, so far as can be ascertained, even by a single -precedent. - -Mr. PATRICK ROBERTSON then addressed the Court in support of the -defences. In this indictment there were two prisoners named, but these -two prisoners did not appear on the face of it to have any connection -with each other. The major proposition contained a simple charge of -murder, without specifying any aggravation. In the minor proposition, -however, there were three distinct and totally unconnected charges of -murder. The first was against Burke alone, and was charged as having -been committed in April last, in a house in the Canongate. But it was -not stated that he had any accomplices. He was the sole person charged -with that offence. It appeared, indeed, from the description of the -crime, that he was charged “with the wicked, aforethought purpose -and intent, of disposing of and selling the body, when murdered, as -a subject for dissection, or with some other wicked and felonious -purpose and intent to the Prosecutor unknown.” But, while, on the one -hand, there was no aggravation laid in the major proposition; yet -on the other the Prosecutor did not confine himself to one species -of intent, but libelled two--the intent to sell the body to the -surgeons, and some other sort of vague undefined species of intent to -the Prosecutor himself unknown. The second article in the indictment -charged another murder, alleged to have been committed in the month -of October, in a place called Tanner’s Close, in Wester Portsburgh. -In this charge also William Burke is the only person accused of that -offence, and the intent laid is the same as in the former instance. -Then there was a charge of a third murder, committed at a different -place and time, viz. at a house in Portsburgh on the 31st October; -in which charge both William Burke and Helen M‘Dougal were included: -and, after describing the offence, the intent libelled is the same as -in the two former cases. Thus we had three murders charged against -the prisoners; two against Burke alone, and one against Burke in -conjunction with M‘Dougal; all of which were committed at different -times and in different places, without any connection whatever between -them: and these charges were laid without any aggravation. Then five -different declarations by Burke, and two by M‘Dougal, were also -libelled on, together with eight articles to be adduced as evidence -against the former, and six against both; and in addition to all this, -they were served with a list of fifty-five witnesses by whom these -different and totally unconnected charges were to be proved. Now the -question was, whether this charge, involving such an accumulation -of unconnected offences, was consistent with our practice, with the -humane principles of our law, and with that sound and proper discretion -which the Court was not only entitled, but bound to exercise. But -the first and most material point was, whether the prisoners would -suffer prejudice by the mode in which the libel had been framed; -for if that could be made out, it would justify their Lordships in -the exercise of the discretion with which they were entrusted, in -separating the different charges, or in selecting one prisoner, and -postponing another, according to the circumstances of the case. The -question then was, whether the prisoners would suffer prejudice in -going to trial with the libel as it now stood. And, in considering -this, it would be observed that it was not charged that there was any -natural connection between the crimes committed. There was certainly -none in law; and with the exception of the mode of the murder and the -intent, there was not the slightest pretence for saying there was any -connection between them. But the intent was not laid absolutely and -peremptorily. It was conditional: “Either you committed these acts with -the wicked, aforethought purpose and intent of selling the bodies to -the surgeons for dissection, or with some other purpose or intent to -the Prosecutor unknown.” This indeed would compel the Prosecutor to -prove that the murder was committed for the purpose of handing over -the bodies to dissection; but he might also bring in under it a very -different purpose or object, as, for example, that it was done for -the purpose of robbery, or to gratify private revenge. In the major -proposition, however, there was no aggravation; and it was not said -that there had been any conspiracy, that these murders were part of -a system; they were laid as three unconnected offences, committed at -different times and at different places. Now he prayed their Lordships -to keep in mind that murder was not like any of the other offences -which usually occurred in the practice of the Supreme Criminal Court; -it was one which, in every case, when brought home to a pannel, was -visited with the highest punishment of the law; and therefore it -differed from all the offences to which it was sometimes likened, and -required greater caution on the part of those by whom it was to be -tried. As applicable to the case of Burke, however, three murders were -charged; and this charge was calculated in the most serious degree to -prejudice him. Each specific offence, it might be said, would require -to be supported by its own specific evidence; but it was impossible to -find any jury so dispassionate as not to borrow some light from the -one to enable them to decide on the other; it was impossible for the -jury to separate the evidence in one case from that in another; it -was impossible that one murder not proved could be separated from any -light thrown upon it by another not proved; nay, though neither the -one nor the other might be proved, it might still be held, that upon -the whole, from the massing or blending of unconnected acts, enough -was made out to warrant a conviction. And all this was aggravated by -the prejudice arising from the manner in which the alleged murders -were said to have been committed, and in regard to which so strong -a degree of excitement existed in the public mind. Then observe the -oppression in the preparation of the trial; observe the situation in -which the pannels were placed. Three murders were charged, with a -list of fifty-five witnesses; besides seven declarations, five by the -one, and two by the other. One set, it might be said, was against one -prisoner, and the other against the other; but it was impossible so to -separate, or to analyse the evidence as not to admit against the one -evidence which was calculated to affect the other; and by thus mixing -up and massing together the whole into an unnecessary accumulation of -crime, to come to the same conclusion in regard to both. Look to the -case of Helen M‘Dougal, and it will be seen the prejudice must operate -still more strongly against her. She is accused of only one crime, and -it is not said that she had any connection with the others. But this -charge of murder, committed in the latter end of October, is brought -to trial, combined with two others committed, one in April, six months -previously, and the other in the beginning of October. Where is this -to stop? If the Prosecutor is allowed to proceed in this way, may he -not on the same principle combine ten murders against ten prisoners, -accused of ten different offences, committed in as many different -counties? He submitted that there must be some limitation; and the -question was, whether the Court could sustain the present charge by -which one individual, accused of one offence, is mixed up with another, -accused of two, with which she is not alleged to have had any concern. -Imagine this case. At the end of the indictment, eight articles were -specified against Burke, and six more against Burke and M‘Dougal -conjointly. Take the first--the skirt of a gown--and suppose it proved -against Burke alone. It could not be adduced as evidence against Helen -M‘Dougal. But suppose it was traced into her possession, and that -a witness was called to prove that it belonged to Mary Paterson or -Mitchell. This would be conclusive as to M‘Dougal’s connection with -Burke. But it might be said that the Judge would tell the Jury to -strike this out of their notes. That was an easy operation; but could -they strike it out of their minds as easily as out of their notes? Then -in what circumstances would Helen M‘Dougal be placed? An article not -libelled against her would be checkmate to her defence. She would be -taken by surprise,--she would be thrown off her guard; and although the -gown had come fairly and honestly into her possession she could produce -no evidence to instruct the fact. He put this as an illustration. So -far as the female prisoner was concerned it would be fatal. - -But was this a legal proceeding? If there be a prejudice existing, -the prisoner is entitled to the fairest possible defence. The more -atrocious the offence, the more guarded and cautious ought to be the -modes of procedure. So far, however, as they could discover from the -records of the Court, this was the first case in which it had been -attempted to charge three murders in the same indictment. There had -been several instances of three persons slain at the same time, as in -the Aberdeen riots, by a discharge of musketry, and in the case where -a whole family was poisoned: these, however, as Mr. Hume observed, -were all parts of the same foul and atrocious offence. But there was no -example, in the history of the Court, of combining three unconnected -offences against one person; far less of combining three against one -person who was not alleged to have any connection with two of them, -and was only implicated in a third, which had no manner of connection -with those which preceded it. Sir George Mackenzie, who would not be -suspected of any partiality to the prisoner, laid down the principle -most clearly, that different parties ought not to be thus combined in -an indictment. “A person accused,” says he, “was not obliged to answer -of old but for one crime in one day, except where there were several -pursuers, _Quoniam Attachiamenta, cap._ 65. by which, accumulation -of crimes was expressly unlawful, _sed hodie aliter obtinet_, for -now there is nothing more ordinar nor to see five or six persons in -one summonds or indictment; and to see one accuser pursue several -summondses; and yet seeing crimes are of so great consequence to the -defender, and are of so great intricacy, it appears most unreasonable -that a defender should be burthened with more than one defence at once; -and it appears that accumulation of crimes is intended, either to læse -the fame of the defender, or to distract him in his defence.” Title 19, -§ 7. Here the principle was brought out in the clearest manner--that -salutary principle which says that no man ought to be called upon to -answer to more than one crime in one libel; since the accumulation of -crimes was calculated “either to læse the fame of the prisoner, or to -distract him in his defence.” The learned Counsel then referred to the -work of Mr. Baron Hume. That learned author treats of the accumulation -of crimes under different heads: first, of those which are of one -name and species, and of one class and general description; secondly, -of those criminal acts, though of different kinds and appellations, -have a natural relation and dependence; and, thirdly, of that sort -of _cumulatio actionum_, which consists in the charging of _several -persons_ in the same libel _with separate and unconnected crimes_. The -first of these, he argued, had no relation to the present case, because -it did not include murder. All the cases referred to were cases of -housebreaking and theft; and though the former was a capital offence, -yet it was a very different one from murder. No case of the latter -was indeed quoted. The author treated merely of connected crimes, as -robbery and murder. But no injury was done by such accumulation. They -were parts of the same foul and atrocious proceeding, and they had a -natural and necessary dependence. But in the present case there was no -natural dependence, and not even an allegation that the prisoners were -connected. - -He then proceeded to the consideration of heterogenous charges, as -of murder and of theft. Some of these, he said, were not cases to -be followed at the present day: and he instanced that of Walter -Buchanan, who was accused of ten different crimes in one libel; namely, -fire-raising, attempts at fire-raising, attempts to poison, theft, -reset of theft, the harbouring, out-hounding, and maintaining of -thieves and robbers, sorning and levying black mail, and killing and -eating of other people’s sheep. Here, however, the Lords restricted -the trial to the more special charges. He now came to the principle, -and mentioned a case in 1784, when the Lord Advocate did depart from -several of the charges. In regard to accumulation of parties, Mr. Hume -put a case of several persons being called to answer in one libel for -the same fact; but then, observe the remedy. “On any occasion when they -see cause, especially if it appear that the Prosecutor meant to lay the -pannels under this disadvantage (he begged to disclaim any insinuation -that such was the intention of the Prosecutor in the present instance,) -the Court may and will separate the trials of the several culprits, -and send those to an assize, in the first place, by themselves, who -are meant to be called as witnesses for the others,” vol. ii. p. 170. -The learned Counsel then proceeded to the third sort of _cumulatio -actionum_, that of charging several persons in the same libel with -separate and unconnected offences, and contended very ably that the -case before the Court fell under this description. - -In conclusion, he referred to the English practice as illustrative -of the principle for which he had been contending, and referred to a -decision of Lord Ellenborough, as reported in Campbell, vol. ii. p. -131, and also to the authority of Chitty, vol. i. p. 252. By the law -of England, two felonies may be combined in one charge against two -separate prisoners; but it is usual for the Judge, in his discretion, -to call upon the prosecutor to make his election, and to proceed with -a specific charge against one individual. In point of law they may -be combined, but the judges in their discretion separate them; and -for this reason among others, that the combination would prejudice -prisoners in their challenge of the jury. - -The LORD ADVOCATE replied at some length. After complimenting the -learned counsel who had just concluded, on the able manner in which -he had opened the objections submitted to the consideration of the -Court, he stated that he thought them ill-founded. His learned friend -mixed up two objections altogether different. His first objection was -to bringing two prisoners to trial in the same indictment, and his -second to charging three different crimes in that indictment. He would -deal very shortly with the first. The woman was charged as having -been concerned with the man in one of the three murders. And this was -sanctioned by the law of the land. He put her in the indictment that -she might _not_ be prejudiced. If she had been put into a separate -indictment, the public would have known the whole evidence before she -had been put upon her trial, and the prisoner would have had the best -possible reason to complain. This would have been the case had he first -brought the man to trial, and afterwards the woman, adducing against -her the same, or nearly the same evidence, which had previously been -adduced against the man. It was to obviate this, and to prevent her -from being prejudiced, that he had put her in the same indictment. “God -forbid,” said his Lordship, “that any person holding the situation I -do, should do any thing to prejudice a prisoner on his trial.” The -very contrary motive had guided him; but if he proceeded not against -the woman to-day, he would ten days hence, when she could not insist -on that which she now says will prejudice her. Nor, in a case of this -sort, would he be restrained from doing his duty to the country by any -consideration founded upon what were called the interests of science. -It was enough for him that a great crime had been committed; a crime -unheard of before in any civilized country: that the public mind had in -consequence become strongly agitated; and that the duty he owed to the -country left him no alternative. He was determined therefore to probe -and sift the whole matter to the bottom; nothing should deter him from -doing so; and he repeated, that if he was compelled to desert the diet -against this woman now, he would infallibly bring her to trial ten days -hence. Then she would find whether she had been prejudiced by the whole -evidence in this case having gone abroad to the world. - -The libel charged three separate acts; and in the major proposition -the crime specified was murder without any aggravation. These murders -were detached, as having taken place within the last six months; but -they were all committed in Edinburgh, and all were charged as having -been perpetrated with the same intent, which however is no aggravation. -Murder, indeed, could scarcely admit of aggravation. When a prosecutor -libels a positive intent, he is tied down to that, and there is no -alternative. These cases were all of the same description--all murders, -and all committed with the same intent. He admitted, that looking to -the proceedings of the Criminal Court, it might be impossible to find a -case of three murders combined in one indictment; but the present was -a case unprecedented in the annals of this or of any other civilized -country. There were numerous examples, however, where different -charges were combined in the same libel. The passage quoted from -Sir George Mackenzie did not apply to the case before the Court. It -referred to a case of a nature totally different. He then quoted Hume -II. 166, and maintained, upon his authority, that the crimes charged -being all of the same name and species, might properly be included -in the same indictment. It would indeed be dreadful if a prisoner, -after having committed three murders, could only be tried for one -of them. Mr. Hume referred to the case of James Inglis, tried upon -three charges of horse-stealing, each of which, if proved, involved -a capital punishment. Now, would not every argument which had been -employed against the present libel apply to such a charge? Again, two -acts of highway robbery were charged in the same indictment, any one -of which would have been sufficient, if proved, to lead to a capital -conviction. The whole tenor of our practice, indeed, confirmed this -mode of procedure, and, if the contrary obtained--if charges of the -same nature and description were put in separate indictments, prisoners -would be exposed to the intolerable hardship of undergoing trial day -after day; a hardship which he conceived would be incomparably greater -than any that could possibly arise from the practice now complained -of. He then referred to the case of Nairne and Ogilvie. Here it had -been objected that there was a _cumulatio actionum_, but the -objection had been repelled. His Lordship then cited the case of James -Morton tried at the Glasgow Circuit in 1823 on four separate acts; of -Donaldson Buchanan also tried there for stouthrief, housebreaking and -theft (all separate acts); of Beaumont, tried at Aberdeen in 1826, -where six acts of housebreaking were charged; and of Gillespie, tried -at Aberdeen in 1827, upon no less than nine separate acts of forgery. -His Lordship then quoted the case of Surridge and Dempster, indicted -for two separate acts of murder, committed indeed at the short interval -of an hour, but still in all respects completely separate acts. Upon -the strength of these consecutive authorities, all of which went to -support the principle for which he contended, his Lordship submitted -that the objection ought to be repelled. - -The DEAN OF FACULTY, in reply to the Lord Advocate, argued powerfully -in support of the views which had been opened by Mr. Robertson. His -Right Honourable and Learned Friend (the Lord Advocate) might rely -upon it that, on the part of the prisoner’s Counsel, no doubt whatever -was entertained of the perfect propriety of the motive by which his -Lordship had been actuated in framing the present indictment; they -were convinced that he had prepared and brought forward the case in -the manner which he conceived least likely to prejudice the prisoners -or to distract them in their defence. But, on the other hand, he could -with equal truth and sincerity assure his Lordship, that the objection -now raised had been taken from a firm conviction that the sustaining -of it was necessary for the safety of the law, and indispensable to -the ends of justice. It had been said that the decisions of the Court -ought to be adhered to, that its practice ought not to be infringed -upon; and yet it was admitted that the present was the first case which -had ever occurred of three separate acts of murder being combined in -the same indictment. In this situation, then, were they not justified -in submitting to the Court the objection which had been taken upon -the ground of this unprecedented combination? The Learned Lord had -intimated an intention to desert the diet _pro loco et tempore_ against -the pannel M‘Dougal. But the question still remained whether the -interests of the male prisoner would not be dreadfully prejudiced in -his defence, if put upon his trial for three separate acts of murder, -committed at different times, and in different places. Now he contended -that the present form of the indictment was adopted to effect an -illegitimate object: it was calculated to lead to great injustice to -the prisoner. What the Prosecutor insisted on passing to a Jury was -an indictment charging three distinct murders: he averred that there -were separate and unconnected acts of this crime; and he assumed that -there was sufficient proof to bring them home to the prisoner. But -every man, whatever the number of charges against him might be, was to -be held and presumed to be innocent till the contrary was proved, and -a conviction obtained against himself. There might, or there might not -be sufficient proof to convict him; but he contended for the benefit -of the ordinary presumption. “Give us,” said the Learned Counsel, -“the benefit of this presumption, to which we are entitled, and then -let us see how the case will stand.” In the indictment before their -Lordships three murders were charged; murders committed at different -times; murders of different persons, totally unconnected and living in -different places; and the last of these was stated to have been done in -conjunction with a third person who had no connection with the other -two. But if the Public Prosecutor were in a situation to prove one of -these murders, it would infer the death of the pannel. Then for what -end or purpose of public justice were three murders crammed into one -indictment? If the Prosecutor was unable to prove any one of them, -there was no necessity surely for putting it into this indictment. -Suppose evidence were brought to prove the first, but totally failed, -and the second, but also failed, or at least left them in such doubt -that a verdict of not guilty or not proven would have been returned -if they had been tried separately; nobody would maintain that a false -or improbable charge might not become a make-weight in the evidence -to prove a separate and distinct murder. The prisoner might take his -trial on a combination of such charges, but unless your Lordship -interfered _ex parte judicis_, the result would be what he described. -The prejudice arose from this _talis qualis_ accession, not proved, -but assumed; and from the prejudice thus credited the prisoner might -be convicted. They could not lay the present indictment before a Jury -without necessarily prejudicing that Jury; and yet the Lord Advocate -came forward and alleged that he thought the whole objection frivolous -and untenable, saying that it was an attempt to smother the indictment -altogether; that is, he called an objection to an indictment, which did -not contain a specific allegation of a specific crime, but a congeries -of offences huddled together and charged _in cumulo_, an attempt to -smother it! How smothered? If the indictment was improperly framed, if -two or three charges were crammed into it instead of one, the prisoner -was entitled to have it smothered. He was entitled to a fair trial, and -if the libel was so constructed that this could not be afforded him, he -had a right to have it smothered. Every thing relative to a specific -charge their Lordships would receive, if brought forward in a competent -form; but the point previously adverted to still returned--Were they to -receive evidence in regard to two charges which might not be proved, -and which yet might affect the minds of the Jury in regard to the third -and lead to a conviction? The Learned Lord indeed said, that there was -only one sort of evidence, and that the crime had been committed in the -same place. But the place was not the same; in fact, the _loci_ were -as distinct as if the one crime had been committed in the Canongate of -Edinburgh and the other in the remotest corner of Scotland. In popular -language and popular conceptions, they might be held and represented -as the same, but this would never do in matters of law. They must have -the _locus_ strictly libelled. Nor was the time the same. The first -was committed at the distance of six months from the second: the first -took place in April, another took place in the beginning of October, -and a third occurred in the end of October. Now, might not the prisoner -prove an _alibi_ in regard to one of these crimes though not in regard -to the other? But, further, the acts were different. It was in vain to -say that all the murders were of the same _genus_, for this might be -said of all the murders that ever had been or ever would be committed; -and on the face of the indictment they were all different. In the major -proposition no aggravation was libelled, but it was said that all -these murders had been committed with the intent of disposing of the -dead bodies to the Surgeons, or with some other purpose or intent to -the Prosecutor unknown. Did the Learned Lord mean to say that he would -fail if he did not prove this intent? But that purpose was a separate -crime, as was sufficiently manifest from the late case (among others) -of Bradwell at Glasgow. It could not, therefore, be maintained that -he would fail by not proving the intent--by not proving a different -crime from that libelled. It was perfectly plain that it was competent -to prove the intent, but the not proving it could not in the least -degree affect the libel. The crime consisted in the wilful murder; -and unless the motive amounted to a justification, or an alleviation -which reduced it to culpable homicide, the intent would be inferred -from the fact, and the highest punishment of the law would follow a -conviction. The evil of an indictment so framed as the present was to -produce an illegitimate effect by this combination of intention or -motive with the crime charged. The intent charged might have been laid -as a separate offence; but had this been done we should now have been -on a different objection, namely the competency of such a charge. To -these principles in the abstract, no exception could be taken. Now, -the Court would consider the situation in which the pannel was placed. -He had been put upon his defence fifteen days after his examination; -five declarations emitted by him were libelled on; and most manifestly -there did exist great prejudice against him. He did not say that this -would be a sufficient reason for postponing the trial, but it was a -sufficient reason for the Court taking care that he suffered no injury -in his defence. Another matter in which the prisoner was prejudiced, -by lumping together separate charges in the same indictment, was in -his challenges of the Jurymen. It was evident that the prisoner had an -interest that way. He did not know who the Jurymen were to be, and of -course could not mean to say that there was any danger of an improper -person being balloted; but he had a clear right in the abstract--a -right of which he ought not to be deprived. If he had been tried on -separate indictments he would have had fifteen challenges, whereas by -the combination of the charges in the same indictment he had only five. -Now there might be Jurymen liable to challenge in one case and not in -another, just as one witness might be perfectly unexceptionable in one -case and liable to the most serious and fatal objections in another. -He contended, therefore, that in every view the principle was in their -favour, as well as the justice and imperious necessity of the case. - -The Learned Gentleman then referred to the authorities. He began -by commenting on the passage which had been quoted from Sir George -Mackenzie; which, he contended, the Lord Advocate had misunderstood, as -it was quite evident, that George Mackenzie used the word “summonds” as -synonymous with “indictment,” since an “accumulation of crimes,” the -subject treated of, could not be predicated of a summons in the common -acceptation of that term. And the doctrine laid down by this author was -that an “accumulation of crimes is intended, either to læse the fame -of the defender, or to distract him in his defence.” Now what did the -Lord Advocate say in answer to this? He referred to a passage in Mr. -Baron Hume’s work where that learned person says, that “the competency -has never been disputed of charging in one libel any number of criminal -acts, if they are all of one nature and species, or even of one class -and general description.” But it was evident that the offences of which -Mr. Hume spoke were of a different description from murder; for he -expressly added the qualification, “so as to adhere in this point of -view, and stamp a character on the pannel as one who is an habitual -and irreclaimable offender in this sort,” (vol. ii. p. 166.) And -accordingly the instances which he gave were of the crimes of theft -and housebreaking; crimes which were susceptible of being aggravated -by habit and repute, and of which the punishment might be restricted. -But murder admitted of no such aggravation, and never was restricted. -Hear, however, what Mr. Hume said in reference to those cases: “The -Court, whenever they find that the immediate trial of such manifold -changes is likely to prove oppressive, either to the witnesses, the -Jury, or themselves; _and still more, if they see cause to believe that -it may embarrass the pannel in his defence, or beget prejudices against -him in the minds of the Jury_;--in any of these cases, they have it -certainly in their power to divide or parcel out the libel, and proceed -in the first instance to the trial of as many of the articles as may -fitly be dispatched in a single diet, &c.” (vol. ii. p. 168.) The -cases which occurred in 1696 might, however, be referred to in support -of a contrary doctrine; but “if they are, I answer” said the Learned -Counsel--“Are your Lordships prepared to do what was done in those -cases? Are they to rule your Lordships’ decision in a case without any -precedent whatsoever?” But even these did not bear on the present case; -and none adverse to the principle had occurred since the year 1784. -Even the case of 1784 itself was not opposed to the principle. _There_, -there was connection. The case of Surridge and Dempster was mentioned -as a case of two murders, as a case where more than one murder was -charged in the indictment; but these were clearly _partes ejusdem -negotii_; they were committed in immediate sequence and in furtherance -of the same “foul and atrocious design.” It was quite plain, therefore, -that the cases quoted did not apply; that they had no bearing whatever -on the present case, where three different and unconnected murders -were charged against the same individual, and where another party was -mixed up with him in one of the alleged crimes. Were they not entitled, -then, to ask their Lordships, in the exercise of a sound discretion, -(which it was not denied the Court possessed) “to divide and parcel -out” the charges in this indictment, and to find it incompetent to -go to trial upon it as it presently stood? The Learned Counsel then -adverted to the state of the law of England on this subject, commenting -on the passage quoted by Mr. Robertson from the work of Chitty, and -concluded by observing that this was in all respects a most serious -case, and deserved the utmost attention of the Court. No instance of -three murders charged in one indictment had happened in his time; many -instances had indeed occurred in former times; yet it had never been -the practice to try the charges _in cumulo_. But the more anomalous -and unprecedented the case, the more necessary was it to the ends of -justice, and the more important to the law, that it should be proceeded -in with the utmost caution. - -Their Lordships then delivered their opinions on the objection which -had been raised and so ably argued by the prisoner’s Counsel. - - * * * * * - -LORD PITMILLY.--The Court were peculiarly circumstanced in being called -upon to give an opinion on an indictment in a case, part of which -must unquestionably go to trial. He was quite clear that one of the -charges must undergo an investigation; that the trial to that extent -must proceed. But Counsel were by no means precluded from stating the -objection they had brought forward, and which, appearing to them in -the light it did, it became their duty to press upon the attention of -the Court. This accordingly they had done with equal zeal and ability, -in a manner which did honour to themselves, and reflected credit on -the Bar of Scotland. But it was the duty of the Court to be calm and -guarded; to express their opinions in a dignified and dispassionate -manner; and to avoid any thing which was either calculated to unsettle -the established principles of that law or to form a bad precedent for -the future. He agreed that there were two different questions before -the Court; the first of which was, whether Helen M‘Dougal ought to -have been included in the indictment. And on that point he had no -doubt of the Prosecutor’s right so to include her. He approved of -what the Lord Advocate had done, and he had no hesitation in saying, -that the trial should now proceed. The other question was of a very -different nature; namely, whether it was competent, and also whether -it was proper and fitting, that Burke should now go to trial upon an -indictment, charging three murders, or should be tried on one or other -of these charges. Of the competency he had no doubt whatever. His -Lordship was much struck with the indictment when he first saw it, and -he felt it to be his duty, as it is always the duty of the Court on -such occasions, to inform his mind in regard to the principle on which -it had been framed. He went to the authorities on the subject, and -after a careful examination of them he had no doubt of the competency. -When he looked at the cases of Beaumont and Gillespie, particularly -the latter, where nine separate acts of forgery were charged, he could -not have the smallest doubt as to the competency of including these -several charges in the same indictment. Our practice on this point was -too firmly fixed to admit of any question, that one individual may -be charged with several crimes of the same nature, and committed at -different times. The English cases referred to he put altogether out of -view, because this was not a new point, now raised for the first time, -and to be settled by a reference to principle or analogy, but a matter -fixed by our own practice, and not again to be brought into dispute. -He was therefore quite clear as to the competency. But where it was a -question of discretion merely, and where that discretion, as in the -present case, was strongly appealed to, the Court would interfere, -because it was their bounden and sacred duty to prevent a prisoner from -suffering prejudice in his defence. The present prisoners, by their -highly respectable Counsel, declared that they would suffer prejudice -if they were put upon their trial on all the charges, and it was not -for the Court to say whether that might or might not be the case. Three -consecutive trials might or might not be beneficial to the prisoner. -In his opinion they were more advantageous to the Prosecutor. By -this means he learned how to conduct his case; and if he saw a link -awanting in one trial, he might endeavour, by means of additional -evidence, to supply it in the next. It did appear to him, therefore, -that what the pannels asked for by the mouths of their counsel, was -calculated to do them more prejudice than submitting to go to trial -upon the indictment as it now stood. But they had doubtless been well -and judiciously advised, and were prepared to take the consequences. -He held, however, that the Prosecutor had done right in including both -of them in the same indictment; and that by doing so he had taken the -only and most effectual means in his power not to prejudice them either -in preparing for their defence or on their trial. He well remembered a -case in which the danger, disadvantage, and odium attending consecutive -trials were strikingly exemplified. It happened in consequence of the -Aberdeen riots, and the parties were brought to trial at the instance -of a private prosecutor. His Lordship was counsel for the pannels, and -they were acquitted. Not satisfied with this, however, the private -prosecutor reared up a new indictment upon new grounds. And he could -never forget the feeling which was excited, by this attempt to bring -the parties acquitted to a second trial, in the Court, the Bar, and -the country at large; there was one general cry of indignation against -a proceeding so shameless and oppressive; the consequence of which -was, that the private prosecutor became alarmed, and the attempt was -quashed. This was the natural course of things. And, in general, it was -lenity, and humanity, and justice, to include all such cases in the -same indictment. In the present instance, no result such as that which -took place in Aberdeen was to be feared. But the Court being clearly -vested with a discretion, and the pannels having strongly appealed to -that discretion, it was his opinion that the cases should be tried -separately. - -LORD MEADOWBANK entirely concurred in the views of Lord Pitmilly. -The nature of this case and the impression it had produced upon the -public were such, that it required the most careful and anxious -consideration; but he was confident that the more thoroughly their -Lordships were convinced of the existing state of excitement in the -public mind concerning it, the greater would be their anxiety that the -prisoners suffered no prejudice on their trial or in their defence. -The question here was one of very great and general importance. But -if it had been entertained on the question of competency, it would -have shaken the whole system of our criminal procedure. Our practice -of accumulating a number of charges in the same indictment had been -steady and uniform. With respect to the earlier cases referred to, -particularly that in 1696, he must say that he could not for his -soul comprehend upon what grounds the counsel for the prisoner had -attempted to invalidate their authority. The particular case referred -to occurred _after_ the Revolution, when the Judges were as great and -eminent lawyers as ever sat in that Court. But in order to show the -uniformity of the practice, he needed not go farther back than the case -of Murdiston and Miller, where several acts, committed by different -individuals in different counties, were put into the same indictment; -yet not one iota of an objection was urged against the proceeding -similar to what they had heard to-day. Our own practice, in cases of -forgery, which was a capital crime, left no doubt upon the matter. -Several acts of this description of crime were constantly charged in -the same indictment.--In cases of robbery, it was not competent to -libel aggravation. The Prosecutor was not admitted to libel habit and -repute. That was now settled law. It had not been so formerly; and -accordingly, when he had the honour to fill the same situation, which -his learned friend (the Lord Advocate) now held, he had directed an -indictment to be raised to try the point,--and the law was now settled. -But it was competent to accumulate several acts in the same indictment, -and to have it tried by the same evidence and before the same Jury. -It was competent where there was several acts of robbery charged -against different individuals; and there was one case of a father and -a daughter, where the daughter was charged with two acts, and the -father with all the three libelled. He was therefore of opinion that -the Lord Advocate had done right in proceeding as he did. But the Court -had a discretion; and to that discretion the prisoners had appealed. -But having stated his opinion of that discretion, he deemed it right -to say, that the Court was not answerable for the consequences. The -prisoners had exercised _their_ discretion, and he warned them to -consider well the step they had taken. As to the Court they were bound -to sit there and try the cases one after another. - -LORD MACKENZIE also agreed with his learned brothers as to the -competency. In so far as discretion was concerned he likewise -concurred, upon the statement made by the pannel and his counsel that -he would suffer prejudice. He saw that the pannel was well and ably -advised; and he could not take it upon him to allege that there was any -thing absurd or unreasonable in the request which had been made. - -LORD JUSTICE CLERK.--The only question here was as to the competency -of the charge against Burke: for the Lord Advocate had intimated -his intention not to proceed at present against the woman. After -listening attentively to all that had been said, after considering the -authorities, and recollecting something of the practice of this Court, -he thought the indictment framed in a legal and proper manner. Burke -was not accused of one crime, but of three different acts of the same -crime; and, therefore, he did not come within the reach of those cases -referred to by Mr. Hume. If this indictment was a bad one, the Court -had been guilty of a great dereliction of its duty in sustaining many -indictments framed upon precisely the same principle. He recollected a -case of several acts of robbery, a capital crime, and one of the four -pleas of the Crown, included in the same indictment; and how could they -distinguish between such a charge and that of murder, which was another -of the pleas of the Crown? In fact, it was not now in the power of the -Court to depart from the practice which had been so firmly established -and so steadily followed. The Court, however, had a discretion, and -where it was appealed to they would exercise it. The Court had even -found an indictment irrelevant where it was strongly alleged by the -pannel that he would suffer prejudice were he tried upon it in its -actual shape.--Upon the responsibility of the respectable Counsel, who -had stated that the present prisoners would suffer prejudice if they -were tried upon the indictment before them as it now stood, he was of -opinion that the Court should interpose in virtue of its discretion. -But they ought to do so upon principle. They ought to find the libel -relevant, and also to find it competent to proceed to the trial of the -charges _seriatim_, leaving it to the option of the Prosecutor to say -which of them he might choose to begin with. - -This accordingly became the judgment of the Court. The objection was -repelled, but in respect of the allegation that the pannel would suffer -prejudice were he tried upon the indictment as it stood, find it -competent to proceed with only one of the charges at a time, leaving -it to the Lord Advocate to say which of them he thinks proper to begin -with. - -The LORD ADVOCATE.--In consequence of the opinion of the Court I shall -proceed with the last charge, which includes both the man and the -woman. The objection in regard to the latter has now been completely -removed. - -The DEAN OF FACULTY.--I beg to remind the learned Lord of his former -statement, that he would desert the diet against the woman. - -The LORD ADVOCATE.--The case is now completely changed. My former -statement was made upon the supposition that the trial as to Burke was -to proceed upon all the three charges at once. - -The Prisoners on being asked by the Lord Justice Clerk, if they were -guilty or not guilty of the crimes charged in the third article of the -Indictment, each answered “Not guilty.” The following Jury were then -chosen. - - Nichol Allan, Manager of the Hercules Insurance Company, Edinburgh. - John Paton, Builder, do. - James Trench, Builder, do. - Peter M‘Gregor, Merchant, do. - William Bonar, Banker, do. - James Banks, Agent, Leith Walk. - James Melliss, Merchant, Edinburgh. - John M‘Fie, Merchant, Leith. - Thomas Barker, Brewer, do. - Henry Fenwick, Grocer, Dunbar. - David Brash, Grocer, Leith. - David Hunter, Ironmonger, Edinburgh. - Robert Jeffrey, Engraver, do. - William Bell, Grocer, Dunbar. - William Robertson, Cooper, Edinburgh. - - -_First Witness_ called for the prosecution, was JAMES BRAIDWOOD, of the -Fire Office Establishment, who being duly sworn. - -Question. Was that plan made by you? A. It was. - -Q. What plan is it? A. It is a plan of some houses in the West Port, to -which I was conducted by an officer. - -Q. Is the plan a correct one of the under ground houses? A. It is. - - - MARY STEWART _Examined_. - -Q. Do you remember a person of the name of Campbell, coming to live at -your house during last harvest? A. Yes, Sir, Michael Campbell. - -Q. How long is it since he left your house? A. On the Monday before the -fast day. - -Q. Do you remember a woman coming to your house to enquire after him? -A. Yes, Sir. - -Q. By what name did she call herself? A. She called herself Madgy -Campbell, and also Duffie, which she said was the name of her former -husband. - -Q. She came from Glasgow? A. Yes, Sir. - -Q. Did she state she came in search of her son? A. Yes. - - [Illustration: GROUND PLAN - _OF_ - BURKE’S HOUSE - as Produced in Court. - - _Published by Thomas Ireland Jun.^r Edinburgh._ _T. Clerk Sc._] - -Q. What time did she leave your house? A. I came out of the Infirmary -on Thursday, and she left me on Friday, the 31st October. - -Q. Did she tell you where she was going? A. She said she was going to -search for her son. - -Q. Do you know a person of the name of Charles M‘Lauchlan? - -A. Yes, Sir; he slept with the woman’s son. - -Q. Have you ever seen that woman since? A. Not till I saw her at the -Police Office. - -Q. What hour did she leave your house? A. I think between 7 and 8 -o’clock in the morning. - -Q. Do you remember when you saw the woman’s body at the Police Office? -A. Yes, sir; it was on Sunday, two days after. - -Q. Could you recognize the body? A. Yes, Sir. - -Q. What dress did she leave your house in? A. In an old dark printed -gown, much patched, short sleeves, open before, sewed with white thread -in the back; black bombazet petticoat, and red striped short-gown. - -Q. Would you know these things? A. Yes, Sir. - -[These articles were shown to witness, and she identified the old -printed gown, and short dress.] - -By the Court.--Q. Do you know what her age might be? - -A. Between forty and fifty. - -By Counsel.--Q. What size was she? A. She was a little broad set woman. - -By the Court.--Q. When she stopt in your house, was she in good health? -A. Yes, my Lord. - -Q. Did you ever see her drunk? A. No, my Lord. - - - CHARLES M‘LAUCHLAN _Examined_. - -Q. In the month of October last, did you reside in the house of Mrs -Stewart in the Pleasance? A. Yes, Sir; along with one Michael Campbell. - -Q. What time did he leave that house? A. About the end of October. - -Q. Do you remember a woman coming to the house in October? A. Yes, Sir. - -Q. When she came did Michael Campbell live at the house? A. Yes, Sir. - -Q. What name did the woman go by? A. Mrs Campbell’s name was Marjory -M‘Gonegal; Duffie was her second husband’s name. - -Q. Had you ever seen her before? A. Yes, Sir; at home, in the County -Donegal in Ireland. - -Q. Did she remain some days at Stewart’s? A. Yes, Sir. - -Q. What time did she leave? A. She went away on Friday the 31st -October, between the hours of nine and ten in the morning. - -Q. Did you go with her? A. Yes, Sir, as far as my own shop door at the -foot of St Mary’s Wynd, where she shook hands with me. I asked her -where she was going, and she told me she was leaving town. - -Q. Did she appear in good health and sober? A. Yes, Sir, she appeared -to be of sober habits. - -Q. Did she come in search of her son? A. Yes, Sir. - -Q. Do you know if she had any money? A. No. - -Q. Did she complain of having none? A. I never heard her. - -Q. Did she pay any thing for her lodgings at Stewart’s? A. Her son paid -for them. - -Q. Did she breakfast at Stewart’s that morning? A. No, Sir. - -Q. Did you ever see her again in life? A. No, Sir. - -Q. When did you see the body? A. I saw it at the Police office, on -Sunday the 2d November. - -Q. You knew it to be that of the woman Campbell? - -A. Yes, Sir. - -Q. Did she ever call herself Docherty? A. No, Sir. - - - WILLIAM NOBLE _Examined_. - -Q. You are a shop-boy at Mr. Rymer’s, at Portsburgh? - -A. Yes, Sir. - -Q. Do you know the prisoner Burke by sight? A. Yes, Sir. - -Q. Do you know a man of the name of Hare? A. Yes. - -Q. What do you sell? A. Groceries. - -Q. Do you recollect a body found in the West Port? A. I recollect a -woman came to the door, and asked charity, on Friday 31st October. Q. -Was Burke in the shop at the time? A. He was. - -Q. Tell us what passed between Burke and the woman who asked charity? -A. He asked her name, and she said it was Docherty. - -Q. What did he say to that? A. He said she was a relation of his -mother’s. - -Q. Did Burke say what his mother’s name was? A. No. - -Q. Did Burke and the woman seem acquainted? A. Don’t recollect Q. What -happened after that? A. Burke took her away with him, and said, he -would give her her breakfast. This was on the Friday morning. - -Q. When did you see Burke after? A. He came back on Saturday, and -bought a box. - -Q. What sort of a box was it? A. A tea-box. - -He was shewn a tea-chest, and asked, if that was it? A. Could not say. -It was like it. - -Q. Have your tea boxes any particular mark? A. No. - -Q. Did Burke pay for the box? A. No, it is not paid for yet. - -Q. Whom did he send for it? A. Mrs Hare came for it about half an hour -after Burke left our shop, and got it away. - - - ANNE BLACK or CONNAWAY _Examined_. - -Q. You live in Wester Portsburgh? A. Yes. - -Q. What does your house consist of? A. One room. - -Q. You go down a stair to it? A. Yes, Sir. - -Q. And going down the stair you come to a passage? A. Yes. - -Q. Is there another door in the same side of the passage, a little -farther in? A. Yes. - -Q. Does that door lead into a room or a passage first? A. First into a -passage. - -Q. And at the end of that passage there is a room? A. Yes, Sir. - -Q. Who lived in that room in October last? A. It was Burke; he occupied -it in the last week of October. - -Q. Look at the female prisoner. Did she live with Burke in the last -week of October? A. Yes, Sir. - -On the other side of the passage there is another house in which lived -Mrs Law. - -Q. Did you ever see a person of the name of Hare coming to Burke? A. -Yes, Sir. - -Q. Were there any lodgers lived with the Burkes in October? A. Yes, a -man of the name of Gray. - -Q. Did you, on the 31st of October, see Burke? A. Yes. - -Q. What time of the day? A. I made no remarks. - -Q. Did you, see any one with him? A. About mid-day I saw him with a -woman; I was sitting by the fire, and they both passed my door. - -Q. Was it the prisoner? A. No. - -Q. Were they going in? A. Yes. - -Q. Was she a stranger? A. Yes. - -Q. Was there any one in the house with you at the time? - -A. Yes, Mrs Law. - -Q. Did you in the course of the day go into Burke’s? A. Yes. - -Q. Did you go in alone? A. Yes. - -Q. Did you find any one there? A. Yes, the said woman was sitting by -the fire. - -Q. Was she doing any thing? A. Supping porridge and milk. - -Q. How was she dressed? A. She had no gown on, she said her things were -washing. I saw nothing but her shift, and something tied on her head. - -Q. Did you see any stranger there? A. No. - -Q. Was Burke’s wife there? A. Yes. - -Q. Was Burke? A. I dont know. You have got a stranger, I said. Yes, -said M‘Dougal, we have got a friend of my husband’s here, a Highland -woman. - -Q. Was the strange woman sober? A. I dont know. - -Q. Did you hear her speak at that time? A. No.--I then went back in the -dark. - -Q. What happened after you went into your own house? - -A. Burke’s wife came and asked me to take care of her door until she -returned, as she was going out; my husband was sitting by the fire, and -after she went away, he said he thought he saw some person going into -Burke’s house. We took a light and went to see, but saw nobody, save -the stranger. - -Q. What did you do after this? A. I said, I thought some one had come -in. She rose and followed after me, and appeared the worse of drink at -the time. She said she was going to St Mary’s Wynd to see a boy, to -hear about her son, and she wanted the name of the land of houses, that -she might return, as she said she had no money to pay for her bed. I -told her she need not go for she would not find her way back again. She -said Burke, whom she called Docherty, had promised her supper and a bed -that night. I told her if she went out the Policemen would take her as -she was bad in drink. - -Q. Did she go out? A. No, she did not, she came into our house and -spoke a good while with my husband about Ireland and the army, in which -he had been. - -Q. Did you ask how Burke and she had become acquainted? - -A. No, but she said she intended to stop for a fortnight. I told her, -her landlord’s name was Burke and not Docherty, but she insisted it was -Docherty, for that was the name he gave himself to her. - -Q. What name did she call herself to you? A. She called herself -Docherty in her own name, and Campbell as her husband’s. - -Q. Did any other persons come to your house shortly after? - -A. Yes, Hare and his wife; Hare’s wife had a bottle with her, and he -insisted they should have a dram. The prisoner M‘Dougal came in also -and had a share. - -Q. Did you drink any? A. Yes, and my husband treated them. - -Q. Did the stranger get any drink? A. Yes. - -Q. Were they merry in your house? A. Yes, Hare was dancing on the -floor, so were Mrs Campbell and Mrs Burke; Campbell was bare-footed, -and got a scratch on the foot with the nails in Hare’s shoes, of which -she complained, but she was otherwise very well. - -Q. Did they leave your house together? A. No, Mrs Campbell said she -would not go till Docherty, meaning Burke, came in. I insisted on her -going, but she bade me not be cruel to a stranger. Shortly after, I -told her there was Docherty now, and she rose and followed him. - -Q. At what hour was this? A. I think it was between 10 and 11 at night. -She went towards Burke’s house. - -Q. Did you sleep that night? A. No, what disturbed me, was Burke and -Hare quarrelling. They appeared to be fighting. - -Q. At what hour did you get up in the morning? A. I got up between -three and four, but went to bed again, and got up altogether about -eight o’clock. - -Q. Whom did you see first? A. I heard Hare’s wife in the passage -calling to Mrs Law, who was then in our house, but she did not answer. - -Q. Did any other person come to your door? A. Yes, a girl afterwards -came inquiring for John, who witness understood was Burke; it was -between eight and nine. - -Q. Did you direct her to Burke? A. Yes. - -Q. Did you see Mrs M‘Dougal? A. Yes, shortly after she came and told -me William (Burke) was wanting me. I went to Burke’s and found Mrs -Law, M‘Dougal, and a lad named Broggan. Burke had a bottle of spirits -and gave me a glass, he then threw the spirits up towards the roof of -the house, and upon the bed at his back. I asked him why he wasted -it, and he laughed and said, he wanted it finished to get another -bottle. I then asked Mrs M‘Dougal what was become of the old woman. -She said she kicked her out of the house, as she saw Burke and her too -_friendly_. - -Q. Did Burke say anything at this time? A. No. - -Q. Did you ask him what the noise was about? A. Yes, he said it was a -fit of drink, but they were all well then. - -Q. Did you do anything more? A. No, Sir. - -Q. Did you see any straw lying near the bed? A. Yes, there was a bundle -of straw near the bed, which had lain there almost all the summer. - -Q. When you got up at the first time in the morning, between three and -four, was all quiet in Burke’s house? A. Yes, while I made my husband’s -breakfast at that hour, I heard no noise. - -Q. Did any other thing particular happen in Burke’s that morning? A. -Yes, his wife sung a song. - -Q. At what hour did you return to your own house? A. It would be the -forenoon. - -Q. Did you go again to Burke’s on Saturday night? A. Yes, at eight -o’clock, Gray’s wife told me of something in Burke’s house and I went -with her to see. - -Q. What did you see? A. I saw nothing, I was so frightened that I came -out. - -Q. Did you see the prisoner, M‘Dougal? A. Before this M‘Dougal came to -me, and said the woman Gray had stolen some things out of her house, -and asked mo to watch her door, as it did not lock. This was about six -o’clock. - -Q. What happened after? A. When I was making my husband’s supper, Hare -came to my door. He was going to Burke’s, but I told him there was -nobody there; and he came into my house, but soon went back into the -passage. I afterwards went to Burke’s door, and found it fastened. - -Q. After you went to Burke’s door, did you see any one? A. Yes, Hare -came out of Burke’s after that. - -Q. Did you see M‘Dougal? A. Yes, and Burke a good bit on in the night. - -Q. Did any thing else happen? A. Yes, some one said to Burke and -M‘Dougal, that they were very much disturbed the night _they murdered_ -the woman. M‘Dougal laughed, and Burke said, he would defy all -Scotland, as he never did any wrong. The Police came just after that -and apprehended Burke. - - - _Cross-Examined by Sir J. W. Moncrieff, Dean of Faculty._ - -Q. Did Burke, before he was apprehended, say any thing of the person, -who accused him of the murder? - -A. Yes, he said he would go and seek the man, and he met him in the -passage along with the policeman, and they took him into his own house. - - - _By a Juryman._ - -Q. What was the cause of your fear, when you went into Burke’s house. - -A. From having heard of the murder from Mrs Gray. - - - JANET LAWRIE or (Law) _Examined_. - -Q. You lived in the same passage with the prisoners in October last? A. -Yes. - -Q. Do you remember being at Connaway’s house on the 31st October, about -two in the afternoon? A. Yes. - -Q. Do you recollect seeing the prisoner Burke in the passage? A. Yes. - -Q. Was he alone? A. A little woman was following him, they went into -Burke’s house. - -Q. Did you see Hare that evening? A. Yes. - -Q. Did he go into Burke’s house? A. Yes. - -Q. Did you go in there? A. Yes. - -Q. Whom did you see? A. I saw Hare and his wife and Burke, and the -little woman. - -Q. At that time were they merry? A. Yes. - -Q. You were not long there? A. About twenty minutes. - -Q. Did you get any spirits? A. Yes. - -Q. At what hour did you go to bed? A. About half-past nine; sometime -after I heard a noise of dancing and merriment. - -Q. Did you hear any singing? A. No, Sir. - -Q. Fighting and scuffling? A. There was a great noise. - -Q. Did you distinguish any particular voice? A. No. - -Q. Did the noise last long? A. Yes. The next morning Mrs Burke came -into my house to borrow a pair of bellows, and asked me if I heard -Burke and Hare fighting in the night time. - -Q. Any more about the fighting? A. I asked her then what she had done -with the little woman? She said, she kicked her out of the door, -because she had been using too much freedom with William, (meaning -Burke.) - -Q. Did she go after that? A. Yes, that was about eight. She afterwards -returned about nine to borrow a dram glass, and asked me to come into -her house. - -Q. Did you go? A. Yes, and saw Hare there and Burke and M‘Dougal; and a -man of the name of Broggan. - -Q. Did Gray and his wife come in before you left? A. Yes, and Mrs -Connaway. - -Q. Did you remark any thing particular? A. Yes, Burke took a bottle of -spirits, and sprinkled it about the bed and room; he said, because none -of them would drink it. - -Q. Was there a good deal of straw lying at the foot of the bed? - -A. Yes. This took place on the Saturday morning, and Burke was -apprehended that night. - -Q. Did you see Mrs Connaway at Burke’s house? A. Yes. - -Q. Did you go to the Police Office on Sunday? A. Yes, and was shewn the -body of the little woman I saw at Burke’s on Friday night. - - - _Cross-Examined._ - -Q. Was the straw that was near the bed there before? A. Yes. - -Q. Was it in use? A. Yes, it had been used for some time as a bed for -Gray and his wife. - - - HUGH ALSTON _Examined_. - -Q. Do you live in the same land with Burke? A. Yes, I live in the flat -above the shop, and he lives in the flat below the shop. - -Q. Did you hear any noise on the night of the 31st October when going -home? A. Yes, I heard some going along the passage between eleven and -twelve that night. - -Q. Tell us what you heard? A. I heard two men quarrelling; but what -particularly attracted my attention was, the cry of murder from a -woman. I went down a part of the stair towards Burke’s house. - -Q. Do you know Connaway’s door? A. Yes. - -Q. Did you go so far as that? A. Yes. - -Q. Now tell us distinctly as far as you can what you heard? A. I heard -two men quarrelling, and a woman crying murder, but not in such a way -as would lead me to think she was in danger. She continued to do so for -a few minutes; then something gave three cries as if it was strangled. - -Q. Did it resemble the sound of a person or animal that was strangled? -A. Yes. - -Q. What did you hear after this? A. I heard no noise on the floor, only -speaking loud. After these remarkable sounds, I heard the female voice -who cried murder, strike her hand as if against the door and call for -the police, they were murdering her. I went immediately for the police, -and could not get one. I returned and went down the stair a little way. - -Q. Did you hear any thing after? A. Nothing but the voices of the two -men which appeared at a great distance. - -Q. While you were listening, did you hear feet moving on the floor? A. -Yes. - -Q. How far might you be from Burke’s door when you heard those -remarkable sounds? A. About three yards, or ten or fifteen feet. - -Q. Was the outer door shut? A. I think it was, and that on the same -door the woman struck her hands. - -Q. When did you hear a body had been found? A. On Saturday evening, and -that fixed my recollection of what I heard before. - - - _Cross-Examined._ - -Q. You said you went in search of the Police? A. Yes. - -Q. How far did you go? A. Only to the mouth of the passage. When I -returned I did not consider it necessary to interfere farther. - -Q. Was the voice you heard of murder the same you heard when you first -went down? - -A. Yes, it was like the voice that said, for God’s sake go for the -police, there is murder here. I since sent a person to strike on the -_inner door_ to see if it sounded the same as I heard before, and -I think it did not. - - - _Re-examined._ - -Q. Was the last cry for the Police? A. Yes, and that there was murder -there. - - - _By the Jury._ - -Q. Have you any doubts the cry of murder you heard in the passage came -from Burke’s house? A. I have no doubt of it. - - - ELIZABETH PATERSON, _Examined_. - -Q. Look at the prisoner, do you know him by sight? A. Yes, I do. - -Q. Did you see him on Friday, 31st October? A. Yes, he came to my -mother’s house on Friday night to ask for my brother David, and I said -he was out. He then went away. - -Q. Did you go on the next morning to Burke’s house? A. Yes, my brother -sent me for Burke, and I went and inquired for his house at Mrs Law’s. - - - DAVID PATERSON, _Examined_. - -Q. Where do you live? A. At No. 26, West Port. - -Q. What is your occupation? A. I am keeper of the Museum of Doctor Knox. - -Q. Do you know the prisoner? A. Yes. - -Q. At what hour did you go home on the 31st October? - -A. About twelve. - -Q. Did you find any person at your door? A. Yes, the prisoner; he told -me he wanted me to go to his house. - -Q. Did you go? A. Yes. - -Q. Did you find people there? A. I found Burke and another man and two -women. - -Q. After you went in, what passed? A. The prisoner told me he had -procured something for the Doctor, pointing to the head of the bed, -where there was some straw; he said it in an under voice. I was near -him at the time. - -Q. Was any thing shewn to you at that time? A. Nothing. - -Q. What did you understand he meant? A. I understood him to mean a dead -body, a subject. - -Q. What were his exact words? A. His words were--“There is something -for the doctor (pointing to the straw) which will be ready to-morrow -morning.” - -Q. Was there sufficient straw to cover the body? A. There was. - -Q. Was that woman, the prisoner at the bar there, (pointing to Mrs -M‘Dougal?) A. She was. - -Q. Would you know the other two persons who were present? - -A. Yes. - - - Hare and his wife being brought in. - -Q. Do you know these people? A. I know them by the name of HARE, they -are the other persons that were at Burke’s house that night. - -Q. Had you any further conversation with Burke, while you remained -there? A. No, but I sent my sister for him in the morning, and he came -alone about nine o’clock. - -Q. What did you say to him when he called on you? A. I told him if -he had any thing for Dr Knox, to go to himself, and agree with him -personally. I afterwards saw the prisoner Burke and Hare in Doctor -Knox’s Rooms in Surgeon’s Square, along with Doctor Jones, one of -Doctor Knox’s assistants. This was between twelve and two. - -Q. Did any thing pass there? A. Either Burke or Hare told Dr Knox, they -had a dead body for him, which they would deliver there that night; -and I had orders from Doctor Knox to be in the way to receive it, or -any parcel that might come. I was there about seven, when Burke and -Hare, and a porter named M‘Culloch, brought a tea-chest. They carried -it in, and it was put in a cellar, (Mr. Jones was present,) and when it -was locked up, I went to Newington to Dr Knox, and told him the parcel -was delivered. Hare, Burke, and the porter had either gone before or -followed. I saw them when I came out of Dr Knox’s house. He gave me -Five Pounds to give the men, with orders to divide it between them, -and in order to do so, I took them to a public-house, and got change, -and gave each Two Pounds Ten Shillings. They left something for the -porter. It was understood they were to return on Monday, by which time, -if Dr Knox approved of the subject, they would get the remainder of the -price, which I believe, was Eight Pounds. - -Q. Did you hear the prisoner say any thing about women? A. Yes. - -Q. Did you see any women loitering about? A. No. - -Q. What happened after? A. The next morning, Sunday, Lieutenant -Paterson and Sergeant Fisher of the Police came to me, and I went to Dr -Knox’s cellar along with them, and gave them the package which was left -there the night before. - -Q. Was it still roped? A. Yes, as it had been received. - -Q. Did you assist at the opening of it? A. Yes, and found it to contain -the body of an elderly female, apparently fresh and never interred. -The body was doubled up in the box, all the extremities doubled on the -chest or thorax for want of room. - -Q. Describe the state when it came out of the box? A. I examined -all the body externally, stretched on a table. The face had a very -livid colour, there was blood flowing from the mouth. The appearance -indicated evident marks of strangulation, or suffocation from pressure. -I found no external marks on the body that might have caused death. - -By the Court.--Q. Did the eyes project? A. No. - -Q. Was the tongue hanging out? A. No. - -Q. Was there any marks about the throat? A. No. - -Q. Was there any injury about the lips and nose? A. Yes, they were dark -coloured and marked with blood. - - - JOHN BROGGAN _Examined_. - -Was at Burke’s the morning after the murder. Saw Burke spill spirits -about the room, and detailed several indecent speeches of Mrs Burke, -about the way she got a shot of the old woman. He was desired by Burke -to remain, but did not. - - - MRS GRAY _Examined_. - -Q. Do you know the prisoners Burke and M‘Dougal? A. Yes. - -Q. You lodged in their house at the end of October? A. Yes. - -Q. You saw a strange woman there? A. Yes. - -Q. What had she on? A. A dark printed gown, and a pink bed-gown over it. - - - [Witness was shewn the clothes, and identified them.] - -Q. You saw the little woman there once or twice on Friday? - -A. Yes. - -Q. Did Burke say how he met her? A. He said, he met her in a shop at -nine or ten that morning. - -Q. Did you remain at Burke’s house that night? A. No; Burke told me -I should leave the house for that night as my husband and I were -quarrelling; and if I would go, he would pay my lodgings, and he said -I was to go to _William Hare’s_. I went away with Hare’s own wife, and -returned about nine o’clock for some things of my child’s. Hare and -Burke were dancing, and Mrs Docherty was singing to them. In the course -of the day Mrs Docherty wanted to go out, but Mrs Burke would not let -her. - -Q. At what time did you return to Hare’s? A. Almost immediately. - -Q. Did Hare and his wife come home? A. Yes, and Mrs Burke came to -supper; after that they all went out together, and the Hares did not -return that night. The first thing in the morning that occurred, was -Burke coming to my husband to give him a dram. Then went to Burke’s -house and saw there a number of people, but not the old woman. I asked -where she was, and was told, Mrs Burke had turned her out as she was -drunk. - -Q. When you went to the house, did you go back for any thing? A. Yes, -for a pair of my child’s stockings. When looking for them, Burke told -me “to keep out from there;” that is, from the straw. There was whisky -then used. Burke threw it about, and said he wanted to get quit of it -to get more. Burke then ordered me to put on some potatoes; and I went -to reach under the bed for some, when Burke told me to come out of -that, I might set the bed a-fire with my pipe. - -Q. Was Broggan there? A. Yes, during the day, and Burke desired he -would sit there, on the chair next the straw, until he Burke came back -again. - -Q. Did Broggan remain? A. No, he only stopped a few minutes. - -Q. Did Burke bid you clean the house? A. No; but I said it would be -better to wash the floor, and put a little sand on it. - -Q. What did you do after Broggan went out? A. I went to look for Burke, -but I could not find him. I went out again, and met him at the West -Bow, he went to take a dram. - -Q. Did you discover a dead body in that house after Broggan went out? -A. Yes. - -Q. Where did you find it? A. Under the straw at the foot of the bed. - -Q. Why did you go back? A. Because my suspicions were raised at seeing -Burke throw the spirits about, and I was determined to see what it -meant. The first thing I seized hold of, was the woman’s right arm. My -husband took her up by the hair of the head, the body was naked, and -there was blood on the nose and mouth. My husband went away before me; -he met Mrs Burke on the stair, and told her what he had seen, and asked -her about the body. She told him to hold his tongue, and it might be -worth Ten Pounds a week to him. - -Q. Did you say any thing to Mrs Burke? A. Yes, I spoke to her about the -body, and told her, that was the woman who was well, singing on the -floor; and she bade me hold my tongue, and she would give me Five or -Six Shillings. She repeated the words again, and said, if my husband -would be quiet, it would be worth Ten Pounds a week to him. I said -that I would not wish to be worth money got for dead people. - -Q. Did your husband give information after that to the police? A. Yes. - -Q. You saw the body there? A. Yes. - -Q. Was it the same? A. Yes. - -Q. Did you return with Mrs. Connaway to Burke’s? A. No, I sent her in, -but did not go myself. - - - Cross-Examined by Sir James Moncrieff. - -Q. Did you sleep in Burke’s house on Thursday night? - -A. Yes, on the bed of straw. - -Q. Did you continue there all the forenoon of Friday? - -A Yes, I never went out but for a stoup-full of water. - -Q. What time did you go to Hare’s? A. About dark. - -Q. Did any one ask you to come back to Burke’s that night? A. No, I -thought as it was Halloween night they did not wish to have me amongst -them. - -Q. Who went with you to Burke’s at the time you say you went for your -child’s clothes? A. My husband. It was about nine o’clock, we did not -stop many minutes. - -Q. Were they all making merry? A. Yes, they were dancing and singing. - -Q. Do you remember was Mrs. Connaway there? A. No. - -Q. You went away in a few minutes? A. Yes. - -Q. You say that Hare afterwards came home, with Mrs. Hare and M‘Dougal? -A. It was before I went back for the clothes and not after. - -Q. Did they ask you to come and have some sport with them? A. No; next -morning Burke came, and went out to give my husband a dram, and he told -us to come down to breakfast, and we did. - -Q. When you went down to breakfast, did you see Hare or his wife then? -A. No. - -Q. Are you sure? A. Quite sure, she came home before I went to -breakfast. I did not get up until eight o’clock. - -Q. Did M‘Dougal say any thing to your husband or yourself about the -body when it was found? Did she say, My God I cannot help it? A. Yes, I -recollect now, she did. - -Q. Did these words follow her offer of the ten pounds a week? A. Yes. - - - By the COURT. - -Am I to understand she said, “My God, I cannot help it,” after you -said you did not wish to make money by dead people? A. Yes. [Here she -recapitulated her evidence in a very distinct manner.] - -Q. Did the woman make no reply, when you said the woman was dead, whom -you saw well and singing the night before? A. No. - -Q. What did you say after? A. I said, if she could not help it, she -ought not to remain in the house. - -Q. Were these words, “My God, I cannot help it,” used after M‘Dougal -had spoken to your husband of ten pounds a week, and he had refused to -be silent? A. Yes, it was after the offer of money; and I said, did she -mean to bring a family to disgrace, that prisoner replied, “My God, how -can I help it.” - - - JAMES GRAY, Labourer, Husband of the foregoing - Witness, _Examined_. - -Q. You lodged at the prisoner’s house? A. Yes, for a few nights at the -end of last October. - -Q. Do you remember Burke having any conversation with you about -sleeping out of his house on the 31st of that month? - -A. Yes, Burke said we must go out that night, that he had provided a -place for us, and that we might come back in the morning to breakfast. - -Q. Did he give any reason for desiring you to leave his house that -night? A. No, not that I recollect. He took us to Hare’s, and pitched -on a bed he used to occupy himself. - -Q. Did you know that Burke brought in a strange woman that morning -before, and ordered breakfast for her? A. Yes. He said, he suspected -she was some relation of his mother’s, as she had the same name, and -was from near the same place. - -Q. Did you return the night you left Burke’s? A. Yes, about nine, with -my wife, where we saw a good number of people at Burke’s; we stopped a -few minutes. Next morning Burke came, and my wife and I went down to -breakfast. - -Q. In the course of that Saturday, was you present when your wife found -a dead body? A. Yes, it was covered with straw, and lying near the head -of the bed. - -Q. Was it the woman you saw there the night before? A. Yes. I then -packed up my things that were there, and was on the point of taking -them to a house opposite, when I met Mrs. Burke, I asked her, what -was the meaning of that thing I saw in her room. She asked what; I -said, I suppose you know, the body. She then fell upon her knees and -supplicated me, offered me five or six shillings, and said, if I held -my tongue, it might be worth ten pounds a week to me. I said, my -conscience would not allow it. - -Q. Did she say the same thing to your wife? A. Very near. - -Q. Did she say she could not help it? A. She did. - -Q. After this conversation, did your wife and you leave it? - -A. Yes. Mrs. Burke followed us up to the street. We met Mrs. Hare; she -asked us what we were quarrelling about, and desired us to go into -a house and settle our dispute. We did go, and shortly after I went -straight to the Police. - - - By the COURT. - -Q. When you saw the body, did you know it to be the woman who was there -the night before? A. Yes; it was quite naked. There was blood upon the -mouth. - - - _Cross-Examined._ - -Q. What hour was it when you left Burke’s house first, on the evening -of the 31st? A. About five in the evening. - -Q. What hour did Burke come for you in the morning? A. I think about -seven. - -Q. Was Burke in Hare’s at supper? A. No; but Mrs. Burke was. The Hares -had left before Burke came. - - - GEORGE M‘CULLOCH _Examined_. - -Q. You are a porter? A. Yes. - -Q. Did the prisoner Burke come to you to carry a parcel for him at the -end of October last? A. Yes. Q. Where did you go first? A. To Burke’s -house. We went into his room, where we got a box like a tea-box; he -took something in a sheet, and put it into the box. Q. Was it like the -shape of a human body? A. I think it was. Q. Had you no doubt it was a -body? A. No. Q. Did you assist? A. No; but when the body was putting -in there was some hair which I pushed in. Q. When the body was putting -in the box was there violence used? A. Yes. Q. Was there another man -there? A. Yes, of the name of Hare. - -Q. What became of the sheet? A. It was left where the body was carried -to. (_The witness was shown a box._) - -Q. Was that the box? A. The very box. - -Q. Was the hair long? A. No. - -Q. Did you carry the box? A. Yes. - -Q. Did the prisoner follow you? A. Yes. He told me to go towards the -High School Wynd. - -Q. Did you go? A. Yes. - -Q. Did any person join you? A. Yes, the prisoner and his wife, and Hare -and his wife. - -Q. Then you went to Surgeons’ Square? A. Yes, and took the box off my -back. Q. What hour was it? A. It was half-past six. - -Q. Where did you go after? A. To Newington. - -Q. Who went with you? A. The prisoner, Hare, and their wives. - -Q. Did they separate from their husbands? A. Yes. - -Q. You saw a person of the name of Paterson? - -A. Yes. We went into a public-house, and he shared the money between -the prisoner and Hare, and gave me five shillings for my trouble. When -we came out the women were gone. - - - JOHN FISHER, _Examined_. - -Q. You are a police officer? A. Yes. - -Q. Do you remember a person coming to the office? A. Yes. - -Q. Where did you go with him? A. To William Burke’s. - -Q. What did you go there for? A. To make inquiries, as I heard the -body was removed; I met Burke and M‘Dougal on the stair, I bade them -come down, I wished to speak with them. I asked Burke what had become -of his lodgers? He said, there is one (pointing to Gray) and that he -turned them out for their bad conduct. I then asked what became of the -little woman that was there on Friday? He said she left at seven in the -morning. I asked him if any person saw her go away? He said, William -Hare. I asked if any one else saw her go? He then looked insolent, and -said, many saw her go. I saw marks of blood on the bed, and asked how -they came there. M‘Dougal said a woman had lain in there a fortnight -ago. She said she knew where to find the little woman, she lived in the -Pleasance. She saw her that night at the Vennel, and she apologized for -her bad conduct. I asked her what time she left, and she said at seven -o’clock at night. I then decided on taking them to the office, which I -did, on a pretext that it was all a matter of spite against them, and -if they would come to the police office, it would be all cleared up. - -Q. Did you return to Burke’s house that night? A. Yes, with the -Superintendant and Dr. Black. - -Q. Did you examine the house? A. Yes. - -Q. You found a striped bed-gown on the bed. A. Yes. - -Q Was that it?--(_The bed-gown was exhibited._) A. Yes. - -Q. Did you find any blood? A. Yes, amongst the straw. - -Q. Did it appear to have been long there? A. No. - -Q. Next morning you went to Dr. Knox’s with Paterson? A. Yes. - -Q. And what did you find? - -A. The body of an old woman quite naked. We sent for Gray to see if he -knew the body, and he identified it. We afterwards returned in the day -and removed the body to the police-office. - -Q. Was the body shown to the prisoners? A. Yes. - -Q. They denied all knowledge of having seen it, dead or alive? A. Yes. - -Q. Did you go to Burke’s house again? A. Yes, and found an old gown and -a bag. - -Q. Were these the articles? (_They were exhibited._) A. Yes. - -Q. Was the body after examined? A. Yes, by Dr. Black, Dr. Christison, -and Dr. Newbigging. - - - _Cross-Examined._ - -Q. Did Hare deny all knowledge of the bodies? A. Yes. - -Q. And his wife? A. Yes. - - - WILLIAM HARE (or HAIRE) _Examined_. - -WILLIAM HARE (or HAIRE) a _socius criminis_, was now brought forward, -and his entrance into the witness’s box produced a great sensation in -the Court. He was first sworn according to the form used in Scotland, -and warned in the most pointed manner to speak the truth, for if he was -found to deviate the least from it, the most condign punishment would -await him. - -Q. You are a Roman Catholic? A. Yes. - -Q. Would you wish to be sworn in any other way? A. I never took an oath -before, I believe it is all one way. - -(_He was then sworn upon a New Testament, with his right hand on the -Cross._) - -Q. How long have you been in this country? A. Ten years. - -Q. How long have you been acquainted with the prisoners? A. About -twelve months. - -Q. Is your house near Burke’s? A. Yes. - -Q. You remember last Halloween? A. Yes. - -Q. Were you drinking in a public-house with Burke? A. Yes. - -Q. What did he say? A. He asked me to go down to his house to see what -a _shot_ he had got for the Doctors. He said he got an old woman off -the street, and she would make a good _shot_ for the Doctors. He told -me to go down to the house and see if they were drinking, for he did -not like to go. - -Q. What did you understand by a shot for the Doctors? - -A. That he was going to murder her. - -Q. Did you go down? A. Yes, I found a man and a woman and Nelly -M‘Dougal, and the old woman washing her short-gown. - -Q. Was the strange man’s name Gray? A. Yes. - -Q. What colour was the short-gown? A. Reddish striped. - -Q. Is that it? (_The gown was exhibited._) A. Yes. - -Q. Did you remain long there? A. Five minutes, and then went home. - -Q. Was you in Connaway’s after that? A. Yes, between eight and nine -o’clock. - -Q. Who was at Connaway’s? A. There was William Burke and Broggan, and -another chap I did not know, and my wife, John Connaway, and Nelly -M‘Dougal. The little old woman was left at Connaway’s, where they had -some drink. - -Q. Had you some? A. Yes, we then went to Burke’s, and Burke and his -wife and the old woman came in; we were all hearty. - -Q. Did you then expect the old woman was to be murdered? A. No. - -Q. You had a quarrel with Burke? A. Yes, he struck me on the mouth, -and I struck him again, the woman came between us, he pushed me on the -bed twice and I remained on the bed; the old woman got up and wished -Burke to sit down, as he treated her well; she said she did not wish to -see him ill used; she run out before this to the passage and cried out -either murder or police. - -Q. How was she brought back again? A. It was Nelly M‘Dougal that -brought her back both times. - -Q. When you were struggling, did you knock the old woman down? A. Yes, -and she lay on her back, so drunk she could not get up, she cried to -Burke to quit. - -Q. Did he quit you? A. Yes. - -Q. What did he do then? A. He got on the old woman with his breast on -her head, and kept in her breath, she gave a kind of cry and moaned a -little after the first cry. - -Q. How did he apply his hands to her? A. He put one hand on her nose -and the other under her chin, and stopped her breath, he continued this -for ten or fifteen minutes. - -Q. Did he say any thing while this was going on? - -A. No, he then got up and put his hand across her mouth and kept it -there three or four minutes; she appeared quite dead then. - -Q. Was you looking on all this while? A. I was sitting on the chair. - -Q. Did he strip the body? A. Yes, and put the clothes under the bed, he -then doubled up the body, and put the straw on top of her near the head -of the bed. - -Q. While you were sitting on the chair and he was murdering, where -was your wife and M‘Dougal? A. When they heard the first screech they -leaped out of bed and run into the passage, and did not come in until -the body was put away. - -Q. Where were you? A. I was sitting at the head of the bed when they -both lay down and covered themselves with the quilt. - -Q. Did you see any blood at that time? A. No. - -Q. Did any body come to the door when the woman cried in the passage? -A. No. - -Q. Before the women sprung up was Burke long on the woman? A. A minute -or two. - -Q. Did any one go to Burke to try and save the woman? - -A. No one. - -Q. Who went out first? A. My wife. - -Q. And M‘Dougal followed after? A. Yes. - -Q. Could any one have prevented Burke without your seeing them? A. No. - -Q. Did the women make any inquiries when they came into the room? A. -No, they both went to bed. Then Burke went out after the woman was laid -aside, and stopped out ten minutes. - -Q. Did any body come back with him? A. Yes, the Doctor’s man, Paterson. - -Q. Did Burke say any thing to the Doctor’s man? - -A. Yes, he wanted him to look at the body. Paterson said it would do -very well, to put it in a box; he would not look at it. I don’t know -when Paterson went away, I fell asleep. - -Q. Were you tipsy? A. I knew what I was about. - -Q. What time did you awake? A. Between six and seven in the morning. I -was sleeping on the chair, with my head on the bed; the two women and -John Broggan were in bed; he lay next his aunt, Nelly M‘Dougal. Burke -was sitting at the fire. After this I went home, and found Gray and his -wife at my house; they had had a bed there that night. - -Q. Did Burke come to your house the next morning? - -A. He did. We went to get our morning; he asked me to go to Surgeons’ -Square to get a box. - -Q. Did you get a box there? A. No. Burke then said he had one bespoke -from Mr. Rymer’s shop-boy. We got a box, and the porter brought it in. -Burke was not in then. We left the box, and stopped at the back door -until Burke came. When he came he asked me what I was doing, that I -did not get it into the box. He then went in, and drew the body from -under the bed, and the porter helped to put it in; there was some hair -hanging out, and the porter put it in; and said, it was bad to let it -hang out. The porter then carried it away to Surgeons’ Square. It was -roped. (That box in Court is it, or like it.) I went with the porter, -and Burke went for the Doctor’s man. They came to Surgeons’ Square, and -we went in with the box. We put the box in a cellar, and then we went -to Newington to the Doctor. Mr. Paterson went in, and he afterwards -came out and asked if we would go to a public-house, he had money for -us. We saw our wives following us, but they did not come into the -house. Paterson gave the porter 5s. and each of us L.2, 7s. 6d. We were -to have five pounds more on Monday. I saw nothing very particular until -I was taken up. - - - Cross-examined by Mr. COCKBURN. - -Q. You say you have been ten years in Edinburgh? A. Yes. - -Q. How have you been engaged? - -A. I have been a labourer, and sometimes employed in selling fish with -a cart and horse. - -Q. Have you been engaged in supplying bodies to the Doctors? A. Yes. - -Q. Have you been concerned in supplying the Doctors with subjects on -other occasions than that you have mentioned? - -The Lord Advocate objected to the question. - -Mr. COCKBURN.--I hold that I am entitled to test this _Gentleman’s_ -credibility with the Jury, and with that view I shall endeavour to -make him confess such acts as will make his evidence go for nothing. -I purpose to ask him if he was concerned in any other _murder_ except -this one. - -LORD ADVOCATE thought the Dean of Faculty had agreed to confine himself -to this case. - -LORD MEADOWBANK thought that such a line of conduct could not be -pursued. The question was neither a fit nor proper one. - -Mr. COCKBURN.--In general, evidence is adduced because it is entitled -or presumed to be entitled to credit. Now, it is monstrous to suppose -that I should not be allowed to shake the credit of a human being -in respect to his evidence. (He then quoted a case lately tried in -England, where a witness in a similar circumstance was examined and -acknowledged that he had been guilty of the most atrocious crimes; in -consequence of which his evidence was totally discredited.) - -Mr. ALISON replied, the law of England was in no point more opposed to -the law of Scotland than in regard to evidence. A witness here could -not be called on to answer for his whole life and conversation. The -utmost license was allowed in England in cross-examination, but it is -contrary to the uniform and fundamental law of Scotland. - -DEAN OF FACULTY.--I completely agree with my Learned Friend. Our object -is to discredit, not to disqualify the witness. We wish to propose a -question to try the veracity of this witness. The witness was warned -that he was standing on his oath, being peculiarly situated, but it may -happen in most cases that he will answer it, and answer falsely. If he -answers truly, it will be for his credit; if falsely, it will then be -for the benefit of my client. - -LORD MEADOWBANK.--I regret having stated the impression made upon my -mind by the bare announcement of the question proposed to be put to -the witness, because I should most assuredly have rather, in a matter -of this vast importance, have desired to obtain every light that could -have been thrown upon it before I ventured to deliver my judgment -regarding it. But perhaps my having done so had only the effect of my -attention being more anxiously called to every word that dropt from my -brethren at the bar, and if I were satisfied that if any thing that was -suggested by them had the effect of shaking the opinion which occurred -to me at first, nothing that I stated before could have prevented my -honestly and frankly avowing it. I have, however, been confirmed in -that opinion by finding that notwithstanding all the ingenuity of -my learned brethren, they have said so little on the subject, and -that they have been unable to show one single precedent in favour of -their argument, except that which has been obtained from the law of -England. Now, I for one throw the law of England altogether out of -the question. It is, I believe, in matters of this kind diametrically -opposite to ours. That law holds, that a witness has no protection -from having been examined by the Public Prosecutor, on a criminal -trial. We hold, that he has. It is quite absurd, therefore, to dream -of drawing a precedent, which is to guide your Lordships, from the -law of England. But even our law goes no farther than to protect -witnesses from being subject to prosecution on account of matter -immediately connected with the subject of the trial in the course of -which they are examined. I understand it, therefore, to be admitted -that, if the question proposed were admitted by your Lordships, the -witness must be told that he is not bound to answer it, because it is -beyond the competency of this Court to afford protection against being -afterwards questioned for the perpetration of crimes which do not form -the proper subject of inquiry in the present investigation. But I -have always understood that the law of Scotland has gone a great deal -further--that it allows no question to be put which a witness may not -competently answer, and which, if answered, must not be sent to the -Jury as a matter of evidence. Now, in the first place, I admit that -it is quite competent for the prisoner to put any question relative -to the matters at issue by which he apprehends that the credibility -of the witnesses for the Crown, may, if answered, by possibility be -shaken. The oath taken by the witness, binds him to speak the truth, -and the whole truth; but that obligation goes no further than it -refers to the matter before the Court. It neither does, nor has it -ever been held, to bind him to speak to matters relative to which he -has not been called legally to give evidence. I apprehend, therefore, -that even the oath which has been imposed upon the witness, is not -obligatory upon him to speak to matters _not immediately_ connected -with the subject of this trial--and, in fact, such was the opinion of -the Counsel for the prisoners; for, upon their application, the witness -was particularly warned that he was only required to speak the truth, -and the whole truth, relative to the third charge in this indictment. -I have always understood, however, that no question could be put, -upon cross-examination, to a witness in this country, which would, if -answered, have the effect of rendering him in truth inadmissible. -All questions having that effect must be put as preliminary, and -after the questions put to all witnesses by your Lordships before the -examination commences. In that respect, very likely, we differ from -the law of England; but, for the reasons assigned by Mr. Hume in the -passages read by Mr. Alison, I am not inclined to think that the rules -of our law are inferior, or less effectual for the administration of -justice. The object of our law has always been to get at the truth, -and I suspect that is best to be obtained by preventing witnesses -being harassed in the way that would result from such questions as -the present being held to be admissible. But further still, suppose, -in the second place, that the witness answers the question that has -been put in the affirmative, and depones that he has been present at -more murders than the one in question, what is to be the result? Is -the Lord Advocate upon the re-examination to ask him at what murders -he has been present, and who was concerned in those murders; or to go -into an examination of all the matters connected with those cases? -If he is, we may be involved in an inquiry into the circumstances -connected with the other murders in this indictment, which are not now -the subject of trial, and which your Lordships, by your interlocutor, -have precluded from being the subject of trial. I cannot think that -such can be your Lordships’ intention: yet the Court must be prepared -either to go this length or not, before allowing a question to be put -which must open up such a field of inquiry, for if the prisoner is -entitled to put the one question, it must follow that the prosecutor -is entitled to put the other, and if you do permit such an inquiry, -you must be prepared to send the answers so given, and the evidence so -arising, to the jury for their consideration. And what would be the -consequence? By the evidence thence arising, and the suspicions thence -created, the prisoners might be convicted upon matters not at issue in -this indictment. Nor is it enough to say that this has been occasioned -by the prisoner himself; for the law of this country interposes to -protect a prisoner from his own mistakes--it lays down rules by which, -in all cases, protection shall be afforded against either accident or -error; and as I conceive it would be highly erroneous to send such -matters to a jury, and yet that we are entitled to permit no questions -to be put, the answers to which must not be sent to the jury, I think, -this question cannot be admitted. But I set out with saying, that I do -not think any question can be sustained by your Lordships, which, if -answered in the affirmative, would disqualify a witness. Thus, suppose -that the question put were, Have you committed ten acts of perjury--and -the answer were in the affirmative, what is to be the result?--Your -Lordship must tell the jury either that the witness’s answer is true, -or that it is false. If true, must it not also be added that he cannot -be believed upon his oath; and if it appears not to be true, then he -is equally incredible. By admitting such questions, therefore, the -necessary result is that you put it in the power of the witness to -disqualify himself; and that, I have invariably understood, I can -solemnly assure your Lordships, to have been a principle reprobated by -the law of this country. - -The LORD JUSTICE CLERK thought that the question might be put, but that -the witness should be cautioned that he was not bound to criminate -himself, for if he answered the question the Court could not protect -him. - -LORD MACKENZIE thought the question might be put. The witness being -warned that he is not bound to criminate himself, and told that he -has no protection from the Court, but for the crime now before it. -The admission of his having been guilty of a secret crime could not -disqualify him. He had yet seen no sufficient authorities to shake that -opinion. - -The LORD JUSTICE CLERK agreed with Lord Mackenzie, although he thought -with Lord Meadowbank that it was the “most extraordinary question he -ever heard;” but the case being an extraordinary one, allowance must be -made. - -The LORD ADVOCATE wished to know in what situation he was placed. Was -he allowed to ask him, if he confessed--“Of what murders were you -guilty?” - -Mr. COCKBURN.--We put that question, and the Lord Advocate is entitled -to put what other he chooses. I cannot state the thing more generally. -We intend to object to no question the Lord Advocate may choose to ask. - - * * * * * - - - _Hare recalled._ - -Q. You mentioned when you was last here, that you assisted in taking -the bodies to Surgeons’ Square? - -A. I never was concerned in furnishing _none_, but I saw them do it. - -LORD JUSTICE CLERK.--You are not bound to answer the question about to -be put. - -Mr. COCKBURN.--I am going to put some questions to you, and you need -not answer them if you don’t choose. - -Q. How often have you carried dead bodies? A. I won’t answer it. - -Q. Have you ever been concerned in any other murder? - -A. I won’t answer that. - -Q. Was there a murder committed in your house on the 8th October last? -A. I won’t answer that. - -Q. When Burke said he had got a shot for the Doctors, how did you know -what he meant by a shot? - -A. I heard it often before. - -Q. Did you know it meant murder, then? A. Yes. - -Q. How did you know it? - -A. He told me he would murder her. - -Q. Had you any notion that mischief would happen that night you were -dancing? A. I could not say. - -Q. When did you suspect there was going to be mischief? - -A. When I saw him on the top of her. - -Q. Did you see the body of the woman at the Police Office? - -A. Yes. - -Q. Did you deny there ever having seen the body before? - -A. I denied it. - -Q. How soon was it after her death you saw her at the Police Office? A. -I saw a body there on Saturday or Sunday. - -Q. You have been acquainted with Burke long? A. Yes. - -Q. Have you received any money before from Dr. Knox? - -A. No. - -Q. Did you ever receive any from his assistants? - -A. Burke did, and he gave it me. - -Q. Did you ever receive any? A. No. - -Q. Who received the money? A. Burke. - -Q. Are you positive that it was five pounds that was to be received on -Monday? A. Yes. - -Q. Who was it paid the man? A. I believe Burke did. - -Q. Burke paid you? A. Yes, he threw two pounds to me, and seven -shillings in silver. Paterson put two pounds in one parcel, and two in -another, and halved the silver and Burke shoved it over to me. - -Q. Had you ever any quarrel with Burke about money? A. No. - -Q. You told us that the old woman went out into the passage and cried, -Police and Murder? A. Yes. - -Q. You say you shoved her down over a stool? A. Yes. - -Q. And she lay on her back? A. Yes. - -Q. At the time that Burke was on the top of the woman, did you hear her -screech? A. Yes. - -Q. It could be heard a good bit off? A. Yes. - -Q. You say that Broggan was in bed in the morning,--did you see him -come in? A. No. - -Q. Did you sit in that chair and see Burke for ten minutes killing the -woman, and offer her no assistance? A. Yes. - -Q. You sat by calmly and saw the murder done? A. Yes. - -Q. Did you give any information the next day? A. No. - -Q. But you went to dispose of the body, and received money for it? A. -Yes. - -Q. And the next day you denied all knowledge of the body? A. Yes. - - - MRS. HAIRE or HARE _Examined_. - - _This witness was sworn and solemnly admonished by_ LORD - MEADOWBANK _to speak the truth, after which she was examined by - the_ LORD ADVOCATE. - -Q. You are the wife of William Hare that was here just now? A. Yes. - -Q. Do you remember last Halloween night? A. Yes. - -Q. Did two persons sleep in your house that night? - -A. Yes. - -Q. Why did they do so? A. Burke asked me to give them a bed there in -the course of the day. - -Q. Did you go out that night in search of your husband? - -A. Yes, I found him in John Connaway’s. - -Q. Who was there at the same time? A. Connaway and his wife. - -Q. Was Burke there? A. I don’t recollect. - -Q. Had you spirits there? A. Yes. - -Q. Do you recollect seeing an old woman there? A. Not that I recollect. -I stopped there until my husband rose, and then we went into Burke’s -house with M‘Dougal. - -Q. Was Burke there? A. No. He came in soon after. - -Q. Was the old woman there? A. Yes, she was there before. - -Q. Was there a fight there between Burke and your husband? A. Yes. - -Q. Did you go between them? A. Yes. - -Q. Did the old woman cry murder? A. Yes. - -Q. Did she get a push? A. Yes. - -Q. You saw Burke on the top of the old woman? A. Yes. - -Q. Did you see him long there? A. No; for M‘Dougal and I ran out of the -room into the passage, and stopped there upwards of a quarter of an -hour. - -Q. When you returned, did you see the old woman? - -A. No. - -Q. Did you ask after her? A. No. I had my suspicion. - -Q. What, that she was murdered? A. Yes. - -Q. Did you two lie down in the bed? A. Not immediately. - -Q. Where were you when Burke was lying on the old woman? A. I thought, -before, I was in the bed, but I think now I was between the door and -the bed. - -Q. How many minutes was he on her? A. Not many. - -Q. Where was M‘Dougal? A. I don’t exactly know. - -Q. Which went first out at the door? A. It was I. - -Q. Were you both alarmed? A. Yes, Sir. - -Q. You say you suspected what was doing? A. Yes, Sir. - -Q. Had you any previous reason of suspicion of the act about to be -committed on the old woman? - -A. I had seen a little trick of it done before. I suspected when I saw -him lying on her, and Nelly M‘Dougal told me something. - -Q. Just tell us what she said? - -A. She came to our house, and said there was a shot in the house; and -I asked her what she was, and she said, Burke fetched her in out of a -shop. - -Q. How did you know it was a woman? A. She told me. - -Q. Did she say they intended to make away with the woman? - -A. No. But I understood from the word _shot_ they were to do it. - -Q. Why did you understand that? - -A. Because I heard that word made use of before to express the -determination of murdering others. - -Q. Were they pressing drink on the woman? A. Yes. - -Q. Was she much the worse of it? A. Rather. - -Q. You remained there all night? A. Yes, until 5 o’clock. I was lying -in bed when Mr. Paterson came in, but I did not hear what he said. - -Q. Did you know where the body was put? A. Yes, at the head of the bed. - -Q. Did Burke ask you to go out and get a box? A. Yes. He said he had -purchased one for to put old shoes in. I went for the box and a porter -came and carried it. I afterwards followed with M‘Dougal, our husbands, -towards Newington, for fear they should quarrel or get drunk. - -Q. What answer did you make to her about this shot? A. I said nothing. - -Q. Had you and M‘Dougal any talk about it on your way to Newington? A. -No. - -Q. Did she feel sorry for it? A. No. - -Q. What were you speaking of while you were in the passage? A. Perhaps -I said it might be the same thing with her and I. - -Q. Do you mean that you might be murdered? A. Yes. - -Q. Why did you not go into the woman Connaway’s? A. Because I left my -home three times before; and it is not natural for a woman to go and -inform on her husband. - -Q. You mention the old woman went out at the door? A. No, Sir, she -never went out of the inside door. - -Q. Was it after she came back from the door she fell down? A. I believe -she got a push. - -Q. Was it very soon after that that Burke lay down on her? A. Yes. - -Q. What was he doing when you run out? A. Burke was lying on her chest. - -Q. Why did you go out? A. I did not like to see her murdered. - -Q. Was your fear created in consequence of M‘Dougal having told you she -was a shot? A. No. I had no thoughts of it at the time. - -By the COURT.--On the oath you have now taken, did you suppose she was -to be murdered that night? A. No, I did not. - - - _Mrs. Hare Cross-examined by the_ DEAN OF FACULTY. - -Q. Was it instantly after the old woman was pushed down that he got on -the top of her? A. Yes. - -Q. There’s a door at the outer side of the passage? A. Yes. - -Q. How is it fastened? A. I don’t know. - -Q. When you were in the passage did any one knock at that door? A. Not -that I heard. - -Q. When you were in the passage did you hear the old woman cry? A. No, -Sir. - -Q. When you returned in, you went to bed? A. Yes, Sir. - -Q. There was a young man of the name of Broggan came in? A. Yes, and we -had a dram. - -Q. Who? A. All of us. - -Q. Then you got up to have it? A. Yes. - -Q. Did you go to bed again? A. No. - -Q. Was M‘Dougal in bed? A. No; Broggan, M‘Dougal, and I lay down upon -the floor. - -Q. Was there any more fighting? A. Yes; Burke took the stick and struck -Hare, and M‘Dougal interfered and said she would not have Hare treated -in that manner. - -By the COURT.--You had a bed in your own house, why did you not go home -to it, and take your husband along with you? A. I did all I could, but -he would not come. - - - Dr. BLACK, _Examined_. - -Q. You saw a woman’s body at the Police Office? A. Yes. - -Q. Did you examine it? A. Yes. - -Q. Were there any marks on the body? A. None. - -Q. Were there any on the face? A. Yes, there was blood. - -Q. What appearance had the face? A. It was much swollen. - -Q. Any thing remarkable about the eyes? A. They were swollen and the -face black. - -Q. Did you think that she came by her death by violence? A. My private -opinion was that she had, but I could not give a decided medical -opinion on the subject. - -Q. What was your opinion the moment you saw her? A. I formed the -conclusion that she came by her death with violence. - -By the DEAN OF FACULTY.--Q. Have you any medical diploma? A. No; but I -am a regularly bred surgeon, and have been surgeon to the police for -twenty years. - -Q. Did you go with the police to the house of Burke? - -A. Yes. - -Q. What did you see there? A. The thing I took particular notice of -was, from fourteen to sixteen ounces of blood mixed with saliva, and -having been told the woman had lain in that place, I was able to judge -it came from the mouth and nose. - -Q. Do you mean now to state you have formed a medical opinion in regard -to the body? A. I am really afraid to hazard an opinion. - -By the COURT.--Q. Were the appearances you have seen on people brought -into the police-office who have been suffocated from drink like this -case? A. Yes. - -Q. If you had seen this body lying in the place where you saw the -saliva and blood, would you have hesitated in your opinion? A. I have -seen several corpses that died by suffocation, and taking the entire -circumstances into view, I think the appearances identical. - -By the DEAN OF FACULTY.--Q. Have you had any case of simple -suffocation lately? A. No. - -Q. Were the symptoms here the same, or nearly the same, as in cases -of suffocation from drink? A. The eyes were nearly started from the -sockets. - -By the LORD ADVOCATE.--Q. Have you seen such saliva and blood in cases -of drink, unless some injury was done? - -A. No. - - - DR. CHRISTISON, _Examined_. - -Q. Did you see the body of an elderly female at the police-office at -the commencement of November? A. Yes. I saw and minutely examined a -body there on the 2d and 3d of November. - -Q. Did you perceive any marks of violence on it? A. Yes. - -Q. Describe what you saw to the Court and Jury? - -A. I saw several contusions on the legs and the elbows, one on the -loin, one on the right shoulder blade, a very small one on the inside -of the upper lip, and two upon the head; one on the back part of the -left side of the head, and another upon the fore part of the right -side. I also found pale lividity of the features generally, and dark -lividity of the lips; great redness (from vascularity) of the whites of -the eyes; an almost total want of lividity on almost every other part -of the body except the face; and roughing of the scarf-skin or cuticle -under the chin and over the upper part of the throat. Internally, I -found a general fluidity of the blood, and an accumulation of it in the -right cavities of the heart. In the middle of the neck, I found the -ligaments connecting posterior parts of the vertebræ torn, and blood -effused among the spinal muscles, near the laceration, and into the -cavities of the spinal muscles. I found no sign of natural disease, -except a very slight incipient disorder of the liver. All the other -organs of the head, the chest, and the belly, were unusually sound. I -forgot to mention a small patch of blood on the left cheek, and also a -very slight contusion over the left eye. - -Q. Did you consider that those contusions could be produced after death? - -A. No; but the injury of the spine and other appearances described -might have been caused as well after death as before it. An injury -properly applied eighteen hours after death, would, I think, cause -the same appearances. Cramming into a box or chest like that shown -might have caused these appearances. Strangulation or smothering, -or throttling, is consistent with what has been described, but -particularly throttling or applying the hand under the throat, and -throwing the head backward, would prevent the access of air. I found -unequivocal proof of violence, in the contusions dispersed throughout -the body, and in no signs of disease being visible. I beg to add, -from the woman being seen so recently alive and well, from the blood -under the bed, as well as the appearances already mentioned, death by -violence is extremely probable. If the woman had met her death by the -prisoners at the bar, the appearances were such as would correspond -with these circumstances. The appearances in some cases of suffocation -would be similar to those in the present instance. The appearance of -blood from the mouth or nose after death may be produced by any species -of suffocation. Directly or indirectly, death by intoxication must -physiologically be occasioned by suffocation. - -By Mr. COCKBURN.--Q. Did the appearances found on the body justify only -a suspicion? A. Coupled with the circumstances mentioned they amount to -a probability. - -By the COURT.--Q. Did you open the stomach? - -A. Yes, my Lord. - -Q. Describe the contents. A. I found half-digested porridge, but no -smell of whisky or of any narcotic. The smell is not a necessary -circumstance even in cases of intoxication where a person was said to -have died of continuous intoxication. At least I know of a reported -case where a person was said to have died from constant intoxication, -without any smell having been found in the stomach, though it was found -in the brain and other parts of the body, but I also know a similar -case where the stomach, on being opened, gave out the effluvia of -whisky. - -This closed the case for the prosecution. - -The declarations of the pannels were then read. - - - - - DECLARATION OF BURKE. - - _At Edinburgh the 3d November 1828._ - - In presence of GEORGE TAIT, Esq. Sheriff-Substitute of - Edinburghshire, - -Compeared William Burke, at present in custody, who being examined, -declares that he is 36 years of age, and he was born in Ireland, and -he came to Scotland about 10 years ago: That he is a shoemaker, and he -has lived for rather more than a year in the West Port, and about two -months ago he went to the house in the West Port in which he at present -lives; but he does not know the name of the entry; and the prisoner, -Helen M‘Dougal, has lived with him for about ten years; but she is not -married to him. Declares, that he at first lodged in his present house -with a man named John Brogan, but Brogan went away about ten days ago, -and the declarant now lodges in the house by himself. Declares, that -James Gray and his wife and child came to lodge with the declarant -about a week ago. Declares, that on the night of Thursday last, the -30th of October, no person was in the declarant’s house, except Helen -M‘Dougal, Gray, and his wife. Declares, that on the morning of Friday -last he rose about 7 o’clock and immediately began to his work, by -mending a pair of shoes: That M‘Dougal rose about 9 o’clock. Declares, -that Gray rose about 6 o’clock and went out: That Gray’s wife rose -soon afterwards and lighted the fire, and the declarant then rose as -before mentioned. Declares, that he went out about 9 o’clock to get -some tobacco, and he returned in a few minutes, and they all four -breakfasted together about 10 o’clock, and the women were occupied -through the day in washing and dressing, and sorting about the house; -and Gray was going out and in, and the declarant was working; and -declares that on Friday evening he told Gray that he and his wife must -go to the other lodging, because he could not afford to support them -any longer, as they did not pay for the provisions which they used, and -they went away; and the declarant accompanied them to Hare’s house, to -which he recommended them. Declares, that he thinks Gray and his wife -went away about 5 o’clock. Declares, that about an hour afterwards, -when he was standing at the mouth of the entry, a man came forward to -him dressed in a great coat, the cape of which was much up about his -face: That he never saw that man before, and does not know his name: -That the man asked if the declarant knew where he could get a pair -of shoes mended, and the declarant, being a shoemaker, took him home -with him, and got off the man’s shoes and gave him an old pair in the -meantime: That while the declarant was mending the shoes the man walked -about the room, and made some remarks about the house being a quiet -place, and said that he had a box which he wished to leave there for a -short time, and the declarant consented: That the man went out, and in -a few minutes returned with a box, which he laid down upon the floor -near the bed, which was behind the declarant, who was sitting near the -window, with his face to it: That the declarant heard the man unroping -the box, and then making a sound as if he were covering something -with straw, and the declarant looked round, and saw him pushing the -box towards the bottom of the bed, where there was some straw on the -floor, but he did not observe any thing else than the box: That the man -then got on his shoes, paid the declarant a sixpence, and went away: -That the declarant immediately rose to see what was in the box, and he -looked under the bed and saw a dead body among the straw, but he could -not observe whether it was a man or a woman: That soon afterwards the -man came back, and declarant said it was wrong for him to have brought -that there, and told him to put it back into the box, and take it away: -That the man said that he would come back in a little and do it, and -then went away, but he did not return till Saturday evening about 6 -o’clock, and when he did not return on Friday night, the declarant took -the box into the entry, but allowed the body to remain under the bed. -Declares, that on Saturday morning, about ten o’clock, he went out to -the shop of a Mr. Rymer, in the West Port, and when he was there, a -woman came to the door begging, whom he had never seen before: That the -people in the shop refused to give her any thing, and the declarant, -discovering from her dialect that she came from Ireland, asked her from -what part of it she came, she said it was from Inesomen, which is a -small town in the north of Ireland, and he then asked her name, and she -said that it was Mary Dougherty, and the declarant remarked, that his -mother’s name was Dougherty, and that she came from the same part of -Ireland, and that, therefore, they might perhaps be distant relations; -and as she said that she had not broken her fast for twenty-four -hours, if she would come home with him, he would give her breakfast, -at which time the only persons in the house were Helen M‘Dougal, Gray -and his wife: That she sat by the fire till about three o’clock in -the afternoon smoking a pipe, the declarant going out and getting a -dram, because it was Halloween, and they all five partook of the dram -sitting by the fireside. Declares, that at three o’clock Mary Dougherty -said, that she would go to the New Town to beg some provisions for -herself, and she went away accordingly. Declares, that he thinks Helen -M‘Dougal was in the house when Mary Dougherty went away, but he does -not remember whether Gray or his wife were in the house, and does -not remember of any other person being in the house. Declares, that -a few minutes before Mary Dougherty went away, William Hare’s wife -came into the house, but went away into the house of a neighbour, John -Connoway, immediately before Dougherty, went away, and he thinks that -Hare’s wife, or Connoway’s wife, may have seen Dougherty go away, -and Mary Dougherty never returned. Declares, that Helen M‘Dougal and -Gray’s wife then washed the floor, and cleaned out the house: That -there was no particular reason for doing so farther than to have it -clean upon the Saturday night, according to their practice; and the -declarant continued at his work: That soon afterwards Gray and his wife -went away, and Helen M‘Dougal went to Connoway’s house, leaving the -Declarant by himself, and the Declarant had not mentioned to any person -about the dead body, and no suspicion that it had been discovered. -Declares, that about 6 o’clock in the evening, while he was still -alone, the man who had brought the body came, accompanied by a Porter -whom the declarant knows by sight, and whose stance is at some where -about the head of the Cowgate, or the foot of the Candlemaker-Row, and -whose Christian name he thinks is John: That the man said he had come -to take away the body, and the declarant told him the box was in the -entry, and the Porter took it in, and the man and the Porter took the -body, and put it into the box and roped it, and the porter carried -it away. Declares, that when the man came with the porter he said he -would give the declarant two guineas for the trouble he had in keeping -the body, and proposed to take the body to Surgeons’ Square to dispose -of it to any person who would take it; and the declarant mentioned -David Paterson as a person who had some connexion with the surgeons, -and went to Paterson and took him to Surgeons’ Square, where he found -the man and the porter waiting with the box containing the body: That -the body was delivered, and Paterson paid a certain number of pounds -to the man, and £2, 10s. to the declarant: That he then went straight -home, and was informed by some of the neighbours that a report had been -raised of a dead body having been found in the house, and in particular -by Connoway’s wife, who told him that a policeman had been searching -his house, and he then went out in search of a policeman, and he met -Finlay and other policemen in the passage, and he told them who he was, -and they went with him to the house and found nothing there, and they -took him to the police office. Declares, that he yesterday saw in the -police office the dead body of a woman, and he thinks it is the dead -body which was below the bed, but it has no likeness to Mary Dougherty, -who is not nearly so tall: And being interrogated whether the man who -brought the body and afterwards came with the porter is William Hare, -declares that he is. And being interrogated, declares that he does -not know of any person who saw that Hare had any concern in bringing -the body or in taking it away; and being interrogated, declares that -the porter’s name is John M‘Culloch, and declares that the box in -which the body was contained was a tea-chest; and being specially -interrogated, declares that the woman above referred to, of the name -of Mary Dougherty, was not in his house on Friday, and he never to -his knowledge saw her till Saturday morning at 10 o’clock: That she -promised him to return on the same evening, but she did not, and he -does not know what may have become of her. And being interrogated, -declares that he sprinkled some whisky about the house on Saturday, -to prevent any smell from the dead body. Declares, that Hare did not -tell him, nor did he ask where he got the body. Declares, that he -did not observe whether there was any blood upon the body. And being -specially interrogated, declares, that he had no concern in doing harm -to the woman before referred to, of the name of Mary Dougherty, or to -the woman whose body was brought to the house, and he does not know of -any other person being concerned in doing so. Declares, that Dougherty -was dressed in a dark gown; and being shown a coarse linen sheet, a -pillow case, a dark printed cotton gown, and a red striped bed-gown, -to which a label is affixed, and signed by the declarant and Sheriff, -as relative hereto, declares, that the sheet and pillow-slip are his, -and he knows nothing about the dark gown and bed-gown: That the blood -upon the pillow-slip was occasioned by his having struck Helen M‘Dougal -upon the nose, as is known to Gray and his wife; and the blood upon the -sheet is occasioned by the state in which Helen M‘Dougal was at the -time, and is known to Gray’s wife. All which is truth. - - ARCHD. SCOTT. WM. BURKE. - A. M‘LUCAS. (Signed) G. TAIT. - A. MACLEAN. - - - _At Edinburgh, the 10th day of November 1828._ - - In presence of GEORGE TAIT, Esquire, Sheriff-Substitute - of Edinburghshire. - -Compeared William Burke, present prisoner in the Tolbooth of Edinburgh, -who being examined, and the declaration emitted by him before the -said Sheriff-Substitute of Edinburghshire, on the 3d day of November -current, being read over to him, he declares that it is incorrect in -several particulars--declares that it was upon the Friday morning, and -not upon the Saturday morning, that the woman, named Mary Dougherty, -came to the house, and that all that is said with reference to that -woman, up to her going out at 3 o’clock, happened upon the Friday, -and not upon the Saturday; and declares that the floor being wet in -consequence of Helen M‘Dougal and Gray’s wife washing in the house, -those two women washed the floor then, rather than defer it till next -day, and the floor was usually washed twice a week, and it was usually -washed on the Saturday, as one of the days: That those two women -continued doing things about the house, and the declarant continued -working till it was duskish: That the declarant then stopped work, and -went out and brought in a dram, because it was Halloween, and he and -the two women sat by the fire and drank the dram, and while they were -doing so, William Hare came in, and the declarant went for more drink, -and they all four sat drinking till they got pretty hearty. Declares, -that when he was out for drink the second time, he found when he came -back, that Mary Dougherty had returned, and was sitting by the fire, -and she drunk along with them: That when it was pretty late in the -night, but he cannot mention the hour, he and William Hare differed, -and rose to fight, and the three women were still in the house -drinking, and Mary Dougherty had become much intoxicated. Declares, -that while he and Hare were struggling together, Helen M‘Dougal and -Hare’s wife did what they could to separate them; but declares that -there was no noise, and, in particular, there were no cries of murder. -Declares, that after they were separated, they sat down at the fire -together to have another dram, and they then missed Mary Dougherty, and -asked the other two women, what had become of her, and they answered -that they did not know, and the declarant and Hare searched for her -through the house, and they both went straight to the straw of the -shake-down bed upon the floor at the bottom of the standing bed, to see -whether she had crept in there, and they found her amongst the straw, -lying against the wall, partly on her back and partly on her side: -That her face was turned up, and there was something of the nature of -vomiting coming from her mouth, but it was not bloody: That her body -was warm, but she appeared to be insensible, and was not breathing: -That, after waiting for a few minutes, they were all satisfied that -she was dead, and the declarant and Hare proposed to strip the body, -and lay it among the straw, but they did not, at that time, say what -further they proposed to do, and Helen M‘Dougal and Hare’s wife -immediately left the house, without saying any thing, and the declarant -supposed it was because they did not wish to see the dead body: That -the declarant and Hare waited till the neighbours should be quiet, -there being a considerable stir among the neighbours on account of its -being Halloween, and in particular, in the house of Connoway, who lives -in the same passage, in case any of the neighbours should come in upon -them, and they stripped the body, and laid it among the straw, and it -was then proposed by both of them, but he cannot say by which of them -first, to sell the body to the Surgeons, and they both arranged that -they would sell the body to David Paterson, whom they knew to be a -porter to Dr Knox, in Surgeons’ Square, and who, they knew, received -subjects, and that they would put the body into a chest, and get it -conveyed to Surgeons’ Square, the following morning, and they then -sat down by the fire again, and Helen M‘Dougal and Hare’s wife then -returned, but nothing was said by any person about the dead body: That -Hare and his wife then went home, at which time it would be near 12 -o’clock on the Friday night, and the declarant and M‘Dougal went to bed -and fell asleep, and rose next morning soon after 6 o’clock: Declares, -that Gray and his wife came in about 8 o’clock in the morning and -lighted the fire, and prepared breakfast, and they all got breakfast -together, and the declarant then went out, and brought in a dram, and -sprinkled it under the bed, and upon the walls, to prevent any smell: -Declares, that he went out about 12 o’clock noon, and was out for about -two hours walking about, and when he returned, he found Gray, and his -wife, and Helen M‘Dougal still in the house, and after that he was -occasionally out. Declares, that when it became dark he went to call -for Paterson, but found that he was out, at which time it was past five -o’clock: That he then got John M‘Culloch, a porter, and took him to the -passage of the declarant’s house, and then left him there, and went -into the house, and found William Hare there, but no other person, and -he also saw an empty chest upon the floor, and they both immediately -put the body of the woman into the tea-chest, and they roped it up with -a line which hung across the house for drying clothes; and they called -on M‘Culloch and put the tea-chest upon his back and told him to follow -Hare, but they did not tell him what was in the tea-chest, nor did he -ask them; and the declarant then went straight to Paterson’s house and -found him at home, and told him that he had sent forward a subject to -Surgeons’ Square, and he has no recollection of having seen Paterson on -the Friday or the Saturday before that time. Declares, that Paterson -and the declarant then went to Surgeons’ Square together, and they -found Hare and M‘Culloch waiting there with the tea-chest, and Paterson -opened the door of a cellar and the tea-chest was put into it: That -Paterson then went and got £5, and gave it to the declarant and Hare, -and they paid the porter and then went to their respective homes, and -the declarant on his way home met Helen M‘Dougal, and when they got -home they heard from Connoway’s wife the report of policemen having -searched the house for a dead body, and he then met with Finlay the -criminal officer, and he was apprehended and taken to the police office -as formerly mentioned; and being interrogated, declares, that he cannot -say whether the dead body he saw in the police office on Sunday the -2d current be the body referred to; and being interrogated, declares, -that he had no concern in killing the woman, or in doing any harm to -her, and he has no knowledge or suspicion of Hare or any other person -having done so; and it is his opinion, that the woman was suffocated, -by laying herself down among the straw in a state of intoxication; and -being interrogated, declares, that no violence was done to the woman -when she was in life, but a good deal of force was necessary to get the -body into the chest, as it was stiff; and, in particular, they had to -bend the head forward, and to one side, which may have hurt the neck -a little, but he thinks that no force was used, such as could have -hurt any part of the neck at all; and being specially interrogated, -declares, that no other person had any concern in the matter; and, -in particular, declares, that a young man, named John Brogan, had -no concern in it, and that Brogan came into the house on Saturday -forenoon, as he thinks, while the body was in the house, but he did not -know of its being there. And all this is truth. - - ARCHD. SCOTT. (Signed) WM. BURKE. - A. M‘LUCAS. G. TAIT. - A. M‘LEAN. - - - _At Edinburgh, the 19th day of November 1828._ - - In presence of GEORGE TAIT, Esq. Sheriff-Substitute of - Edinburghshire, - -Compeared William Burke, present prisoner in the tolbooth of Edinburgh, -who being examined, declares, that he is thirty-six years of age, and -he was born in Ireland, and he came to Scotland about ten years ago, -and he is a shoemaker, and he has lived for rather more than a year in -the West Port; and the prisoner M‘Dougal resides with him; declares, -that he never saw a lad known by the name of Daft Jamie; and he does -not know of such a person having lived with Hare’s wife, before her -marriage with the prisoner William Hare, and he had no concern in -injuring such a person; and he does not know of M‘Dougal, Hare or his -wife, having done so. Interrogated, declares, that he has a brass snuff -box which he purchased about four years ago from a shearer lad at Mr. -Howden’s farm, about two miles from Tranent for sixpence, and he left -it in the Lock-up-house last Monday, when he was committed to jail; -and declares, that he had a snuff-spoon which was taken from him when -apprehended, and he purchased it for twopence in September last from -a hawker at the West Port, whose name and residence he does not know, -and being shown a brass snuff-box, and a snuff-spoon, to which a label -is attached, signed by the declarant and Sheriff, as relative hereto, -declares, that they are the snuff-box and snuff-spoon he refers to; -declares, that he gave the box to a tinsmith in the West Port, named -James, whose surname he does not know, but whose shop is next door to -Brown’s circulating library, to put a new lid upon it, and he thinks he -gave it to the tinsmith in September last, and the tinsmith kept it in -his possession some weeks; and all this is truth, &c. - - - _At Edinburgh, the 3d day of November 1828._ - - In presence of GEORGE TAIT, Esq. Sheriff-Substitute of - Edinburghshire, - -Compeared Helen M‘Dougal, at present in custody, who being examined, -declares, that she is 33 years of age, and she was born in -Stirlingshire: That she never was _married_, although she has -lived with the prisoner, William Burke, for 10 years: That about a -year ago they came to reside in Tanner’s Close, West Port; and about -three months ago they went to another house in the West Port, but she -does not know the name of the close: That a person, named John Brogie, -occupied the house in which they at present reside; but Brogie left -the house on Friday 8 days, and the declarant and Burke, who were -living with Brogie previously to his leaving the house, took possession -of it by themselves. Declares, that James Gray and his wife came to -live with Burke on Sunday the 26th of October. Declares, that the -only persons who were in the house on the night of Thursday last, the -30th of October, were Gray and his wife, and Burke and the declarant: -That Burke and the declarant arose from bed on Friday morning about -10 o’clock, and Ann Gray made breakfast for them; and when she was -making breakfast for them Burke went out, and said that he was going -to the shop, by which she understood him to mean that he was going -to get a dram, and he came in when breakfast was ready; and in about -five minutes afterwards, when they were taking breakfast, a woman came -in whom the declarant had never seen before, and who afterwards said -that her Christian name was Mary: That Mary appeared to be the worse -of liquor: That she asked leave to light her pipe at the fire; and she -then asked a little bit of soap to wash her cap, and a short-gown, and -her apron, and the declarant gave her a bit of soap, and she washed -her clothes, and Gray’s wife dried them and ironed them; and while -that was doing, she talked about having come from Ireland in quest of -her son, and soon after she came into the house she said she had got -no meat for three days, and the declarant gave her a share of their -breakfast: That Burke and Mary entered into conversation; and Burke, -upon hearing that she came from Ireland, said that he came from Ireland -too, and he did not know but she might be a relation of his mother’s. -Declares, that about 1 o’clock in the afternoon Burke brought in some -whisky and gave them a glass once round, it being the custom of Irish -people to observe Halloween in that manner: That Mary became very -impatient to go away in order to go to St. Mary’s Wynd to inquire for -her son, and she went away about 2 o’clock. Declares, that Burke had -gone out about half an hour before that and returned about 3 o’clock; -and when he came in, he mentioned that Nancy Connoway, a neighbour, -had said to him that she wondered how he could keep Gray and his wife -in the house because the noise of their quarrelling was so unpleasant -to the neighbours; and therefore he told them to go away, and never -to come back again, because he had not up-putting for them, and Gray -and his wife accordingly went away immediately. Declares, that Hare’s -wife happened to be in the house at the time, and said that she would -give them a night’s lodging, as she had a spare bed, and the declarant -supposed that they went to Hare’s, and it would be about six o’clock -when they went away: That Burke went to Hare’s house about seven -o’clock, and the declarant went about half an hour afterwards: That -when she went to Hare’s, Burke was not there, but she went to an -adjoining shop and brought him there, and they had some supper and -drink there: That the declarant then went home, and Burke followed -soon afterwards bringing some whisky with him which he had got in a -shop, and soon afterwards Hare and his wife came in, and they four -had some spirits together; and Nancy Connoway, before mentioned, came -in and had a share of the spirits: That the declarant then went to -Connoway’s house and had a dram, and then returned to her own house, -and found Hare and his wife still there: That they almost immediately -went away, but very soon returned, and Hare was very much intoxicated, -and Hare lay down in the bed and slept along with Burke all night, -and the declarant and Hare’s wife slept on the floor: That about six -o’clock in the morning Hare and his wife went away: That about seven -o’clock, Gray and his wife came in to get some clothes which they left, -and the declarant and Burke lay down in bed, and about eight o’clock -Burke rose and told Gray’s wife, who still remained in the house -along with her husband, to sort the house and get the kettle boiled, -and he himself went to a neighbouring shop for tea and sugar and bread -and butter: That when Burke came, Gray’s wife made the tea, and Gray -and his wife and Burke took breakfast together, and a young man named -John Broghan came in and got a share of it: That the declarant did not -take any of it: That after breakfast, Gray’s wife washed the floor and -cleaned the house, the declarant being in bed unwell, in consequence -of drink which she had had, and Broghan was in the house most of the -day: That Gray remained in the house all day: That Burke was sometimes -out and sometimes in, and he lay down for a short time. Declares, that -about five o’clock that afternoon the declarant sent Mrs. Gray to Mrs. -Law’s with some clothes to get mangled; and Gray and his wife left -the declarant’s house about seven o’clock to go to their lodgings, -and shortly after they so left the house, Mrs. Law came and asked -the declarant if she gave Mrs. Gray orders to get her gown: That the -declarant said she had not, and Mrs. Law then said, she was off with -it, and in a little after a girl came in and told the declarant that -a man was on the street with the declarant’s gown, and she went out -and found Gray standing at the head of Tanner’s Close with the gown -under his arm: That she got her gown from Gray, and the declarant and -Gray and his wife and Mrs. Hare had a dram together, and the declarant -left the gown in Mrs. Law’s to get mangled: That the declarant then -went home and kindled the fire, and she went out for her husband as -it was late, and after she found him they went into Connoway’s house, -where they remained for a few minutes, and Connoway told them that -Mrs. Gray had been raising a disturbance, and the declarant and her -husband were going out of Connoway’s house, when they were apprehended -by two policemen, who said that they had taken a corpse out of the -house; and, being interrogated, declares, that she did not see Mary -after two o’clock on the Friday, and, in particular, she did not see -her in the house on the Friday night. Declares, that she yesterday saw -the dead body of a woman in the Police Office, but declares that it is -not the body of the woman named Mary, because Mary had dark hair, and -the body of the woman in the Police Office had grey hair; and being -interrogated, declares, that she had no knowledge or suspicion of there -being any dead body in the house; and, in particular, of its being -under the bed, till after she was apprehended. Declares, that there -is only one bed in the house; and declares, that so far as she knows, -nothing was under the bed except a few potatoes and a little straw, -which had fallen from the bed. Being interrogated, declares, that she -had no conversation with Gray regarding a dead body; and in particular, -never promised him any money not to say any thing about a dead body; -and being shown a coarse linen sheet, a coarse pillow-case, a dark -printed cotton gown, and a red striped cotton bed-gown, to which a -label is attached, signed by the sheriff as relative hereto, declares, -that the sheet belongs to a William M‘Kinn, from whom the declarant -got a loan of it. That the pillow-case was used for containing dirty -clothes, and lay at the head of the bed as a pillow, but she never saw -the dark gown before to her knowledge. Declares, that the bed-gown is -like the one which Mary wore on the Friday, but she cannot say that -it is the same, as it is torn. Declares, that Burke had no money on -the Friday, and he had to borrow money for their breakfast on the -Saturday morning. That the declarant got 3s. from him on Saturday -night, but she does not know where he got that money; and, being -specially interrogated, declares, that she had no concern in killing -the woman Mary, or in hurting her, and does not know of Burke, or Hare, -or any other person being concerned in doing so, or in concealing the -dead body about the house, or in afterwards disposing of it. And, -being interrogated in regard to some marks of blood on the sheet and -pillow-slip, declares, that the marks upon the pillow-slip were from -her nose bleeding, in consequence of Burke having struck her; and the -blood upon the sheet proceeded from the declarant, in consequence of -her state at the time, as was known to Mrs. Gray. And all this she -declares to be truth, and that she cannot write. - - ARCHD. SCOTT. (Signed) G. TAIT. - A. M‘LUCAS. - A. MACLEAN. - - - _At Edinburgh, the 10th day of November 1828._ - - In presence of GEORGE TAIT, Esq. Sheriff-Substitute of - Edinburghshire, - -Compeared Helen M‘Dougal, present prisoner in the tolbooth of -Edinburgh, and being examined, and the declaration emitted by her -before the said Sheriff-Substitute, at Edinburgh, upon the 3d day of -November current, being read over to her, she adheres thereto. And -being interrogated, declares, that between three and four o’clock of -Friday afternoon, the woman named Mary insisted on having salt to wash -herself with, and became otherwise very troublesome, and called for tea -different times, and the declarant told her she could not be troubled -with her any longer, and thrust her out of the door by the shoulders, -and never saw her afterwards. And being interrogated, declares, That -Brogan did not bring any woman into the house. And being interrogated, -declares, That William Burke and William Hare had a slight difference -and struggle together on Friday night, as she thinks; but there was -no great noise made, and no cries of murder, so far as she heard. All -which she declares to be truth; and that she cannot write. - - ARCHD. SCOTT. (Signed) GEORGE TAIT. - A. M‘LUCAS. - A. M‘LEAN. - - * * * * * - -The LORD ADVOCATE addressed the Jury in the following terms:-- - -_Gentlemen of the Jury._--It is now my duty to make a few remarks -on the tenor of the evidence which has been laid before you in support -of the indictment against the pannels at the bar; and, at this late -hour, when you must be exhausted with the long trial in which you -have been engaged, I shall not detain you long. Indeed, had this been -an ordinary case, I should have had great pleasure in leaving the -evidence to your own judgment, without one word of comment from me, -satisfied that, in the charge which you will receive from the Court, -before you retire, a much more luminous and impartial detail of its -substance and bearings will be given, than can be expected from one -holding the situation which I do, as Public Prosecutor. But this is a -case of no ordinary complexion; and I am, therefore, called on for some -observations, more especially, as you will be addressed on behalf of -the prisoners by my honourable and learned friends on the other side of -the bar; and it might be thought remissness on my part, if I were to -allow the evidence to go to you for a verdict, without some remarks on -its tendency, while its true effect would perhaps be impaired by the -able comments of the pannels’ counsel. - -Gentlemen, it affords me peculiar satisfaction to see, in a case of -this kind, so full and formidable an array of counsel for the defence. -In all cases, the Bar of Scotland does itself honour by undertaking -the defence of the unhappy persons who are brought before this Court -accused of offences; but, in this case, I am proud and happy to see -the most distinguished among my brethren engaged in the defence of -the prisoners--coming forward and lending the strength of their great -talents and great learning spontaneously and gratuitously to these -unfortunate persons. It is for the ends of public justice that they -have done so: and it is a great consolation to me, in the discharge of -my painful duty, that the pannels, and in them the law and the country -at large, will derive all the benefit which may be looked for from -the knowledge and the eloquence of such distinguished advocates. If -an acquittal should follow the proceedings in which we have this day -been engaged, I hope it will be acknowledged that I have only done my -duty to the public, in putting these prisoners on their trial; and -should they be convicted, they will be ably defended, if they have any -defence; and the country must be satisfied that the conviction will be -just, when the defence is in the hands of counsel so eminent, and so -universally and deservedly respected. - -And, Gentlemen, this aid of able counsel is of the more importance, -that this is one of the most extraordinary and novel subjects of trial -that has ever been brought before this or any other Court, and has -created in the public mind the greatest anxiety and alarm. I am not -surprised at this excitement, because the offences charged are of so -atrocious a description, that human nature shudders and revolts at it; -and the belief that such crimes as are here charged have been committed -among us, even in a single instance, is calculated to produce terror -and dismay. This excitement arises from detestation of the assassins’ -deeds, and from veneration for the ashes of the dead. But I am bound -to say, that whatever may have occasioned this general excitement, or -raised it to that degree which exists, it has not originated in any -improper disclosures on the part of those official persons who have -been entrusted with the investigations connected with this business; -for there never was a case in which the public officers to whom such -inquiries are confided, displayed greater secrecy, circumspection, -and ability. It is my duty, Gentlemen, to remove that alarm which -prevails out of doors, and to afford all the protection which the law -can give to the community against the perpetration of such crimes, by -bringing the parties implicated to trial; and I trust it will tend to -tranquillize the public mind, when I declare I am determined to do so. -I cannot allow any collateral notions about the promotion of science -to influence me in this course; and I am fully determined that every -thing in my power shall be done to bring to light and punishment those -deeds of darkness which have so deeply affected the public mind. - -Gentlemen, before I proceed to detail, which I shall do very briefly, -the evidence now laid before you in support of the indictment against -the prisoners, I must impress upon you what will be more eloquently -and emphatically told you by their counsel and the Court, that in -judging upon the only charge now under trial, you are to banish from -your minds all impressions which you may have received from any other -source than from the evidence itself. To that evidence alone you must -confine your attention--and you are not to allow yourselves to be -moved by the fact that there were other charges in the indictment of -a similar description, because these charges have now been entirely -withdrawn, for the present, from your consideration. Those charges have -been separated from that now to be tried, at the special desire of the -prisoners themselves, and to remove any ground of objection that an -impression was necessarily created to the prejudice of the prisoners. -God forbid, that I should ever in any case, pursue a criminal in a -form to the prejudice of the party accused. The pannels are accused -of murder--and the three instances that were libelled were only three -separate facts in support of that general charge. But since the -prisoners and their Counsel have made their option to be tried for each -separately, and the Court have sanctioned this course, I willingly -acquiesce in it. I must say, however, that in framing the indictment, -including all the three charges, I did so to give the pannels the -fairest chances on their trial, and for the purpose of probing to the -bottom the whole system of atrocity, a part of which I have this day -brought before you, with evidence, which, I conceive, amounts to the -most complete and convincing proof. - -In going over that proof, Gentlemen, it is not necessary that I should -read over to you fully the notes of the evidence--because that will be -more ably and authoritatively done by the Court, than it can be by any -one in the situation of Public Prosecutor. I shall, therefore, content -myself with a condensed and connected reference to its import--from -which I have no doubt, you will find a verdict of guilty against the -pannels. - -Gentlemen--the chain of evidence in this case is very complete, and -you can, from the testimony of the witnesses you have heard examined, -trace the poor creature who was murdered, from Mrs. Stewart’s house, in -the Pleasance, to Burke’s house, where she was bereaved of life, and -whence her body was afterwards carried, by the direction of Burke, to -Dr. Knox’s dissecting-room, in Surgeons’ Square, where Burke sold it to -the Doctor, and delivered it to his assistant. This is the essence of -the crime charged, and it is clearly established in evidence. You have -heard the evidence of Mrs. Stewart, that in the forenoon of Friday, -the 31st October last, the deceased left Mrs. Stewart’s house to go -in quest of her son. In this case there is no doubt as to the time, -for it was in the Sacrament week, and on Hallowe’en--two circumstances -which enable all the witnesses to speak positively on that point. You -have next the testimony of Charles M‘Lachlan, who lodged with Mrs. -Stewart, and who accompanied the deceased as far as his own shop in St. -Mary’s Wynd, where he parted with her, betwixt nine and ten o’clock -on the forenoon of that day. You have then the testimony of William -Noble, Mr. Rymer’s shop-boy, that she met with Burke in his master’s -shop, at an early hour in the forenoon of the same day, when he asked -her name, and struck up an acquaintance with her on hearing it, upon -a pretence that it was likely she was a kinswoman; and as she was -destitute, and seeking charity, he beguiled her to his house in the -West Port, by pretending kindness, offering her breakfast, &c. Mrs. -Connaway, who lived in the same house with Burke, saw him pass into -his apartment with the deceased in his company, about the middle of -the same day--saw her again in the evening in Burke’s company, when -jollity prevailed--dancing, and singing, and drinking; in all of which -hospitalities the deceased joined, and was in perfect health and good -spirits; and, finally, saw her go from her (Connaway’s) house into -Burke’s, about eleven o’clock the same night, in company with the -pannels and Hare and his wife. Mrs. Law corroborates a great deal of -this, and the deceased is identified by all these witnesses, so as -to leave that matter quite clear. Then, the disturbance in Burke’s -house, after the pannels, and Hares, and the deceased went into it, -is instructed by all the neighbours; and the testimony of Alston is -most important; for, in addition to the other circumstances previously -established, he proves that, betwixt eleven and twelve o’clock the -same night, he heard a riot in Burke’s house, and cries of murder and -distress, which induced him to go in search of the Police; but not -finding an officer, and the cries having ceased, he concluded the -riot to be over, and the mischief which he apprehended, to be at an -end. It is also proved, by Connaway and others, that Burke went out -in the evening, and was absent about ten o’clock, at which hour, it -is proved by Elizabeth Paterson, that Burke called, inquiring for -her brother, an assistant to Dr. Knox, Lecturer on Anatomy; and he -being from home, that Burke proceeded with the deceased, and the other -persons referred to, including the defunct, into his own apartment, at -eleven o’clock that night. There is the testimony of Gray and his wife, -that they, being temporary lodgers in Burke’s house, were requested -to go elsewhere _for that night_, and that their lodgings for -that night were provided and paid for by Burke; and they confirm many -particulars stated by the other witnesses. Then there is the testimony -of Paterson, Dr. Knox’s assistant, that Burke came to him at twelve -o’clock the same night--took him to his house, and told him he had -got a subject for the Doctor. You have the evidence of Gray and his -wife, that on Saturday the 1st November, they found lying under the -bed, the dead body of the deceased, whom they had seen the previous -night in Burke’s room, alive and in good health. There is no evidence -that she was drunk. You have the evidence of the porter who packed and -carried the dead body to Surgeons’ Square--of Paterson who received it -in a box, and paid £5 of the price to Burke and Hare--of the shop-boy -who sold the box to Burke; and thus proof of every circumstance, -except the actual fact of murdering the woman by the pannels; and then -that is supplied by the testimony of the Hares, who, no doubt, were -_socii criminis_, and who explain all the horrible details of the -perpetration of this deliberate and midnight murder. That they are -liable to suspicions as _socii criminis_, I admit; but they only -corroborate evidence which, in all its parts, would alone be sufficient -to bring home the crime to the pannels: and, however worthless these -persons may be, it is with you, gentlemen of the jury, to decide to -what measure of credibility they are entitled, when they, in this and -other particulars, give an explanation of what could only be seen by -them at the time--being an occult crime, committed in the dead of -night. When it is proved by other unexceptionable evidence that Burke -seduced this poor destitute woman into his house, on a pretext of -hospitality, she being at that time in perfect health, that he went -to a person with whom he was in the habit of dealing in dead bodies, -as anatomical subjects, at ten o’clock--went again to him at twelve -the same night, and offered him a subject--and next day carried it, -and sold for money the body of the deceased, which has been fully and -satisfactorily identified,--what conclusion can be drawn from all this -good evidence, corroborated by that of the _socii_, but that these -pannels had perpetrated the foul murder libelled, with the intent and -purpose of selling the body to be dissected, for a paltry sum of money? -I will not waste your time by going into every minute circumstance in -the proof; but it is all consistent,--reconcilable, except in the most -trivial and unimportant points, and perfectly conclusive against the -prisoner Burke. The credibility of the _socii_ will be strongly -questioned, I have no doubt, by the counsel for the defence; but giving -all proper weight to the ordinary objections in such cases, I submit -to you that the main points of the case are borne out by all the other -circumstances that are well established. In particular, I most call -your attention to the testimony of Hare, that Campbell went out into -the passage and called “Police and murder” during the scuffle betwixt -him and Burke; and that when Burke began his work of death she gave “a -screech.” This is confirmed by Mr. Alston, who providentially arrived -in the immediate vicinity at that critical time; and he depones, that -when he heard in Burke’s house the sound of a scuffle and fighting, he -also heard, first, a female voice calling “Murder” and “Police,” “For -God’s sake go for the police, for there is murder here;” and in a few -minutes he heard some person or animal give fainter cries, as if it -were choking. - -This witness is above all suspicion, and corroborates Hare’s edition -of the transaction in these most material particulars; and then Burke -admits in his declaration many of the facts sworn to by the several -witnesses. He admits that he picked the deceased up in Rymer’s -shop--that she was in his apartment during the 31st October, and at -a late hour that night. He acknowledges that he administered liquor -to her, that she lost her life that night in his house, and that next -day he had her body packed up in a box and carried to Dr. Knox’s -dissecting room, after which he got money from Paterson for it. In -these circumstances, is it possible to doubt that he murdered her for -the purpose of selling her body? And even from the facts admitted by -himself, independently of all other proof, I feel myself warranted to -call on you for a verdict of guilty.--That the woman M‘Dougal, who -was not bound to him by any legal tie, was guilty art and part, and -witnessed and sanctioned the whole proceedings, is equally clear. I, -therefore, submit to you, Gentlemen of the Jury, that you ought to -give a verdict of guilty against the pannels. And if you do not give -a verdict against them, I do not think it possible that in any case I -shall ever obtain a verdict against the greatest criminals. The crime -now charged is one of unexampled atrocity--unexampled in the history -of civilized countries--and the occurrence of which, in this country, -in my time, is a circumstance which I deeply deplore. - -The DEAN of FACULTY began his address to the jury at three o’clock on -Thursday morning, and at first spoke in a low tone of voice, indicating -exhaustion. He addressed the jury nearly as follows, and soon began to -speak with his wonted energy:-- - -Gentlemen,--It is some relief to my mind at this moment, that I shall -not have occasion to go over all the mass of evidence which has been -laid before you in support of the charge against the prisoners. We -have now been seventeen hours engaged in this trial, and, with the -exception of a short space consumed in the discussion of the point -of form, the whole of that time has been devoted to the hearing of -evidence in support of the prosecution. Such a mass of testimony must -of itself distract and press heavily upon your minds; but it shall be -my endeavour to show you, that, extensive and varied as it is, it does -not amount to that legal proof which you require, as a jury, to find a -verdict against my client; and that it is wholly destitute of force, on -the main, and indeed, the sole fact in the case--that the pannel Burke -did commit the crime of murder charged against him in this indictment. - -Gentlemen, I do not stand here as the advocate of William Burke’s -character. To do so would be to insult you, and to degrade my own -profession. But I appear before you as an advocate for the great -principle of our law, under which you and I, and all of us, live and -repose in safety--the broad and general principle, that no man is to -be held guilty of any crime unless his guilt be proved by good and -unexceptionable legal evidence,--and to the benefit of this sacred -principle my client, however odious, or however abandoned he may be in -any other respect, is fully entitled in judging of the case now before -you. - -The pannel, Burke, labours under great disadvantages--He is avowedly a -person who has been engaged in the loathsome and detested occupation -of procuring dead bodies for dissection; and this circumstance is -calculated to excite prejudice, and ought to guard your minds strongly -against being influenced by any feelings, except the convictions of -your understandings, and the dictates of your consciences, on a strict -and rigorous examination of the evidence which has been laid before -you. And I must warn you also against any prepossessions created by -what has appeared in newspapers, or otherwise, out of doors. Gentlemen, -laying all prejudices and extrajudicial statements aside, and guarded -only by the lights of law and of justice, you must look steadily at -your duty as jurymen--not to the many irrelevant circumstances which -have been this day sworn to, but to the evidence which has been laid -before you of a murder having, as is alleged, been committed on the -body of Campbell, and committed by my client Burke. Now, I maintain, -that of these averments there is no proof at all--for none of the -witnesses, except Hare and his wife, swear to that point--and they are -so utterly contaminated--and have such strong and obvious motives to -criminate my clients in order to screen themselves, that their evidence -is of no value whatever. They are incredible as witnesses--and they -are in this case the only witnesses. It has been said they corroborate -the other witnesses; but this cannot be the case, for there is nothing -to corroborate. There is no other evidence of the fact of the murder -charged in the indictment but their testimony; and that testimony -cannot be believed. - -Gentlemen, it is the great and governing principle of our law, that -in all cases of alleged murder, the fact of murder must be proved. -In the highest species of murder, that of high treason,--that of -compassing the death of the King--the overt act must be established by -unexceptionable evidence. Constructive treason is not now recognized -in our law. In such cases the accused is covered all over with the -armour of the law; and to every other case of alleged murder the same -principle extends its protecting power. The fact of murder must here be -proved; the fact of murder by the hand of Burke--for without that fact -being established by good, credible, and unpolluted witnesses, there is -here no case, and no evidence whatever, in support of the indictment. - -There are many flaws and inconsistencies in the whole of the evidence; -and Hare and his wife not only contradict each other in several -instances, but the statements of both are contradicted by other -witnesses who also contradict one another. Thus Mary Stewart swears -that Campbell left her house in the Pleasance, betwixt 7 and 8 o’clock -on the morning of Friday, 31st October, while M‘Lachlan swears that -it was between nine and ten. William Noble says it was on that Friday -morning about breakfast-time that Burke and the woman Campbell met in -his master’s shop; but Mrs. Connaway says it was mid-day when they -entered Burke’s house to breakfast, and Mrs. Law makes it two in the -afternoon. But this is nothing to the contradictory testimonies of -Hare and his wife themselves, as to the scenes in Burke’s house. Hare -swears that at the time of the scuffle the old woman went out into the -passage and cried “police,” and “murder;” but his wife swears that she -never went out of the inside door, nor cried out at all. And the wife -even contradicts herself; for at another part of the evidence she says -that Campbell did call out “murder.” Again, Hare says that when Burke -was above Campbell on the floor, and when his wife and M‘Dougal heard -the first screech, they leaped out of bed and ran into the passage; but -the wife says that she was not in the bed when Burke was lying on the -old woman, but standing between the door and the bed. And after all the -scenes which they pretend to describe with such accuracy and truth, -Hare says that he did not go to bed, but slept on a chair with his head -on the bed, the two women and Broggan being in the bed, and Broggan -being next to his aunt M‘Dougal; while the wife swears that she, -Broggan, and M‘Dougal, lay down upon the floor, and the men, Burke and -Hare, slept in the bed, the dead body being underneath it; and Broggan -gives an account of the matter differing entirely from both, for he -says that he and the men lay on the floor at the fireside, while the -two women were in bed. Then as to the proceedings of Saturday, we have -a similar tissue of contradictions. Hare swears that Burke took the -body from under the bed, and the porter helped him to put it into the -box. But M‘Culloch swears that he did not assist in putting the body -into the box--that he did not see a body at all, but _something_ in a -sheet, and that he only thought it was a body, because he saw some hair -sticking out after this something was crammed into the box. Further, as -to the settlement of the price by Paterson, we have more contradiction. -Paterson swore that he had seen both Hare and Burke dealing with Dr. -Knox about dead bodies: that he had been directed by the doctor to -divide the L.5 betwixt them to prevent them from quarreling, as they -had done formerly: that he took them to a public-house and got change, -and gave each L.2, 10s., that they left something for the porter, and -that the whole price of the body was L.8. Now Hare swears that Paterson -gave the porter 5s., and each of the others L.2, 7s. 6d., and that the -price of the subject was L.10. But Hare, on cross-examination, said it -was from Burke, not Paterson, that he got the L.2, 7s. 6d. Paterson -says that he gave each of Burke and Hare L.2, 10s. and that they -paid the porter; but the porter himself swears that it was Paterson -who paid him, so that all these witnesses, Paterson, M‘Culloch, and -Hare, prevaricate and contradict each other in the clearest and most -unequivocal manner. - -Paterson, who was questioned as a person having medical and anatomical -knowledge, as to the appearance of the body, deponed, that the eyes -did not project when the subject was taken from the box, and Dr. Black -swore that the eyes were nearly started from the sockets, and he -further said that Docherty’s appearance was very much the same with -that of persons brought to the police office who had been suffocated -with drink; and he declared he was afraid to hazard an opinion whether -her death had been occasioned by violence. Dr. Christison merely stated -his opinion that it was probable she had suffered a violent death; -but there never were medical opinions on the whole so various and -inconclusive in support of a libel for murder. - -These particulars in the evidence may appear trivial; but in a case of -circumstantial evidence, the most trivial circumstance is often of the -greatest importance in judging of a witness’s credibility; and when -you find among so many of the witnesses in this case such a cluster -of inconsistencies and contradictions;--when you remember the nature -of the occupations in which these witnesses are avowedly engaged, and -consider the motives by which they must be actuated, to whitewash -themselves as far as possible by inculpating the pannels, it is utterly -impossible you can give credence to their testimonies, or listen to it -for one moment as the evidence of witnesses upon which you can with a -safe conscience give a verdict against the pannels. The Dean concluded -by urging the jury to keep in mind the general principle on which the -safety of every man in society rested, and the necessity of the murder -being proved upon better evidence than that of such nefarious witnesses. - -Mr. COCKBURN, for the pannel M‘Dougal, said, that in pleading her -defence, it was only necessary for him to assume what was contrary to -the fact, that the Public Prosecutor had succeeded in establishing -the guilt of the other pannel Burke; a proposition which no one would -maintain after listening to the powerful argument of his friend the -Dean of Faculty. But he would assume that the guilt of Burke was -established, and what followed? Not that the other pannel M‘Dougal had -aided and assisted in that murder, but that she fled from the scene -described by Hare, and did not even witness the atrocities of which -that monster held himself out as a willing and passive spectator. -Although it were correct and credible, it proves nothing against -M‘Dougal. But to talk of their credibility was a sporting with men’s -lives and a mockery of justice. The evidence of these miscreants could -not be received in the same manner as the evidence of an honest person. -Their character was written in characters of blood, that never could -be effaced from the recollection of those who heard their horrid -narrative. Could they conceive that an accessory to murder was worthy -of credit?--and yet the law made him an admissible witness. The man who -was the chief evidence in a trial for the crime of murder,--who had -told that he sat on a chair within a yard of the murdered and murderer, -and raised not an arm, nor uttered a cry to save the unhappy victim -calling for help and struggling with the assassin in the last agonies -of life;--which was the most guilty,--the cool, cold-blooded spectator -of the foul murder--or the actor, whose physical exertions would, in -such an awful moment, impart phrenzy to his mind? There were certain -questions which he had felt it his duty to put to Hare; but which he -warned him he need not answer unless he chose. “I asked him,” said Mr. -Cockburn, “if he had been concerned in other murders; but he declined -to answer. I asked him whether a murder was committed in his own house -in October last; and again that monster took shelter in his privilege. -In what situation was that man placed when he gave his evidence? There -were other murders hanging over his head, upon which he might be -libelled; he came from the jail and would be returned to it,--knowing -full well, that, if the case failed, he might be called upon to descend -from the witness-box, to take, along with his wife, his place at the -bar--in short, to exchange places with the pannels. And if they were -the pannels, and Burke and M‘Dougal the witnesses, then would the true -state of the case appear and the present witnesses would be proved the -guilty perpetrators. The monster had come that very day out of jail, to -which he would be again consigned if he failed to make them (the Jury) -believe his story.” He (Mr. C.) had often heard of King’s evidences, or -approvers, in crimes to which they had been accessories; but of persons -coming to give evidence with other crimes of a similar nature hanging -over their heads, the very idea was horrible. If Hare and his wife -had stood at the bar, and made a judicial confession of participation -in the crimes which they had stated from the witness-box, sentence of -conviction, legally disqualifying them, would have been recorded; but -being allowed to make their confession from the box, they were not only -freed from the crime, but cleared to the effect of being converted -into good and credible witnesses. But what could a jury think of the -evidence of the man who came forward and said, “I have been guilty of -one murder, but want to free myself from blame by impeaching another -who was not probably so guilty?” They had seen the squalid wretch--the -very picture of his revolting traffic--a visible spectacle of penury -and profligacy. - -And then, as to Hare’s wife; Mr. Cockburn said he did not know whether -or not the Lord Advocate had any skill in physiognomy. Perhaps the -Lord Advocate liked her face--a good one for a King’s evidence;--but -as his Lordship’s back was towards the witness, he did not perhaps -see that woman’s face so well as he (Mr. C.) did. To him it appeared, -that on that countenance every evil passion was imprinted. She stood -in that box, with a miserable child in her arms, the blighted creature -of vice and misery; and, instead of casting upon it a look of maternal -tenderness in its distress, she evinced a harshness and brutality, and -seemed to eye it in such a manner as added to her malign aspect. He -would say, without fear of contradiction, that he never had, in the -course of his practice, seen such wretches placed in the witness box. -The learned gentleman alluded to the declarations, and said, if the -jury allowed their minds to be influenced by the statements of those -documents, the pannels would be legally murdered. - -And in the conclusion of his speech, Mr. Cockburn addressed the jury -in a tone of peculiar eloquence and impressiveness: “If, Gentlemen, -(said he,) you have any doubts--you must give the pannels the benefit -of those doubts;--and after seeing the exhibition, and hearing the -testimonies of Hare and his wife this day as witnesses--good God! can -you say there are no doubts? It is the duty of the Public Prosecutor -to prove his case by good evidence. He has produced a horde of -wretches who are a pollution to any evidence. The Hares, the Grays, -the Connoways, M‘Cullochs, and Brogans, the whole host of witnesses -to every material circumstance in the proof are polluted. Talk not -of suspicions of dangers to the public--for in my mind no greater -danger can be imagined than that of a criminal verdict on doubtful and -polluted evidence. Though the town should ring with clamours and the -country resound with them, you are only called on the more strongly to -discharge your duty manfully, by the exercise of your own judgment, -and the dictates of your consciences--banishing from your minds every -prejudice, and looking well to the nature of the evidence on which -you are called to condemn a fellow-creature to death--recollecting -too, that when the public mind is agitated and disturbed, it is the -Courts of Law, and the Juries of our country, who hold in their hands -the balance of justice--and that when the storm is up, and popular -prejudice and passion rage around, the louder is the call for an -enlightened and intrepid discharge of your duty.” He concluded by -craving an acquittal of M‘Dougal from the charge made against her. - -The LORD JUSTICE CLERK began his charge to the Jury at six o’clock on -Thursday morning, and finished about half-past eight. His Lordship -expressed great satisfaction at the defence having been committed to -such eminent counsel; for he could assure them (the jury) he never -had heard the defence of any individuals conducted with more zeal -and consummate ability than that of the prisoners. There was another -consideration which he was called upon to bring under their notice; -namely, to express his thorough confidence that they would divest -their minds of every impression or prejudice which might have been -raised from what they had read or heard out of doors. It would be a -matter of infinite regret, if writings or publications, or any sort -of public feeling, should for one instant affect their minds; but he -was sure they knew their duty too well, to be influenced by prejudice; -they would be guided by nothing but the facts as disclosed during the -investigation. - -The evidence was partly circumstantial, and partly direct. The first -was composed of a number of minute facts and circumstances; and the -latter of the testimony of _socii_. It would be their duty,--First, -to consider the general evidence; Secondly, that of the _socii_; -and, Thirdly, the combined effect of both conjoined. From these, the -verdict, upon a fair inference drawn from a consideration of the whole, -would be made up. His Lordship then directed the attention of the Jury -to the way and manner the old woman, Campbell, had been bereaved of -life, informing them, that if they were satisfied she had not died in -consequence of violence, there would be an end of the inquiry. If they -held the contrary opinion, they would proceed to consider, whether she -had lost her life by the hands of the prisoners, or one or other of -them. - -The evidence of the identity of her person was the first branch of -the investigation. His Lordship then went over the whole evidence -with great minuteness, commenting upon those parts where there were -seeming contradictions, or which had been specially alluded to by the -Public Prosecutor, or the counsel for the pannels, in the course of the -defence, but it is unnecessary to recapitulate his Lordship’s detail, -as the reader has the whole evidence itself before him. - -With respect to the _socii_, his Lordship said they were entitled to -credit, if they gave a true account of the transaction of which they -spoke. He admitted they were not placed in the same situation with -persons against whom no suspicion existed; but it was the duty of -the jury to sift their evidence, and in as far as it was corroborated -by good evidence, it was entitled to such a measure of credibility as -they in their consciences thought it merited. They had been told of the -Hares being connected with other murders. With what murders they might -be chargeable, he did not know; but to a certainty, they could not be -libelled on either of the charges contained in the libel now under -trial, and which had not been sent to the jury. It was, therefore, -unfounded in law to say, that these two persons were liable to be tried -for the two murders contained in the indictment. These individuals, who -were under the protection of the Court, had been called as accomplices, -in the same manner as associates in robbery, wilful fire-raising, -and other capital crimes. With respect to M‘Dougal, his Lordship was -understood to express his opinion, that if the evidence was to be -believed, she had been an accessory before the commission of the crime, -during its commission, and after it was committed; and, upon the whole, -he considered the libel as made out against both. - -The Jury then retired at half-past eight o’clock to consider their -verdict, and after an absence of fifty minutes, returned into Court and -gave in the following verdict by their chancellor, WILLIAM MACFIE, -ESQ. - - - - - VERDICT. - - -The jury find the pannel, William Burke, guilty of the third charge in -the indictment, and find the indictment not proven against the pannel -Helen M‘Dougal. - -The Lords assoilzie the pannel, Helen M‘Dougal, simpliciter, and -dismiss her from the bar. - -The LORD ADVOCATE having moved for the sentence of the Court, - -Lord MEADOWBANK bank gave his opinion nearly in the following -terms: - -My Lords, after a trial of unexampled length--protracted to nearly -twenty-four hours--a trial in which the minds of your Lordships have -been exerted to the uttermost, it would be improper in me to detain -the Court with commenting on the circumstances of this most atrocious -case; and I feel that it is quite impossible for any one who has -attended to the proceedings on this trial, to think that we have any -thing left to do, but to go through with the distressing duty which -is now fallen to your Lordships to perform. But it is impossible, -in considering the whole circumstances of this distressing case, -not to advert to that extraordinary--that most unexampled, and that -atrocious system, which every one must feel has been developed by -the evidence that has been brought forward. I am sure, and I speak -in the presence of your Lordships, who can correct me if I am wrong, -that in the whole history of the country--I may say, in the history -of civilized society--nothing has ever been exhibited that is, in any -respect, parallel to this case. Murders have been committed before -now; crimes of all descriptions have unhappily been too common; but we -had flattered ourselves that our county was, in a great measure, free -from the stigma of any great or heinous atrocity committed within its -bounds. That there should have been found, therefore, not one but many -leagued and combined together, in order to sacrifice their unoffending -fellow-creatures, for the wretched purpose of disposing of their -bodies, is, to the last degree, humiliating. The very announcement of -such a system is sufficient to raise ideas of horror which it would -be vain to search for words adequately to express. When I take a view -of the other features of this case, it exhibits a picture of iniquity -which the greatest stretch of imagination can hardly take in, yet -it was so clearly brought in proof, that, I am sure, it must carry -conviction to every one who heard the evidence. It is proved that the -prisoner, in going up the street after some of his usual avocations in -the morning, fell in with the poor unprotected old woman, with whom, it -is quite clear, that he was perfectly unacquainted before. Now began -his arrangements for ensnaring his victim. With the immediate feeling -upon him of the object which he had in view, he claims kindred with -her by a fictitious name; and by pretences of kindness endeavours to -gain on her affections. He entices her into his own house, and there -continued his friendship to her, insomuch that she expressed gratitude -to Mrs. Connoway for the kindness with which he had treated her. He -thus contrives so far to attain his object, that she seems to have -opened her affection and confidence to him--she looked to him for -protection--she felt he had dealt kindly with her--she refused to -enter the house until he entered with her. She did enter with him. -A struggle, or pretended struggle, ensued; and, when I recollect -that the moment she fell that struggle ended, I cannot rationally -entertain a doubt that it was feigned, and got up for the purpose of -entrapping her, and throwing her off her guard. What did the individual -to whom she looked for protection now do? She is thrown down, and he, -with the atrocity of a demon, instantly throws himself upon her, and -extinguishes life in a few moments. I do not state this with any view -whatever of exciting the feelings, or aggravating indignation against -the unhappy prisoner, but really when such a system of crime, in -which there are many actors, is developed in the midst of this great -metropolis, I cannot resist stating the impression which it has made -upon my mind as one of the most monstrous exhibitions of atrocity ever -disclosed in the annals of criminal jurisprudence in this or any other -country. Sitting as I do in this place, there is little occasion to -advert to certain matters that were pointed at, and eloquently pointed -at, in the course of the defence. I will only observe, that with -matters of science we have nothing to do. We have nothing to do but to -administer the law as handed down to us, and God forbid that the claims -of science, or of philosophy, or of speculation of any kind, shall -prevent us from feeling the horror which such offences are naturally -calculated to excite. With respect to the issue to the prisoner, your -Lordships are aware that that issue must be death. The highest law has -said, “Thou shalt not kill--thou shalt do no murder;” and the law of -this country says, that he who commits murder shall suffer death. The -prisoner must have considered that he was committing the high crime of -murder. In his breast, as in the breast of every one, must be implanted -that feeling, that murder was the most heinous of crimes. There is no -doubt that it is the duty of the Court to pronounce sentence on the -prisoner; and I now suggest that he be detained in the Tolbooth of -Edinburgh, and that he suffer death on the scaffold on the 28th day of -January next, and his body be given for dissection. - -Lord MACKENZIE expressed his concurrence. - -The LORD JUSTICE CLERK then addressed the prisoner nearly as -follows:--William Burke, you now stand convicted by the verdict of -an intelligent and respectable Jury, of the atrocious murder charged -against you in the indictment, upon evidence which could not leave a -doubt of your guilt on the mind of any one who heard it. I so fully -concur in the view which has been so eloquently given by my learned -brother, of the nature of the offence, that I will not occupy the -time of the Court with commenting on it. A crime more atrocious, a -more cold-blooded, deliberate, and systematic preparation for murder, -and the motive so paltry, was really unexampled in the annals of the -country. It is now my duty to inform you, that if ever it was clear -beyond all possibility of a doubt, that the sentence would in any case -be carried into full execution, this is the case. You may rest assured -that you have no chance of pardon; and I now would solemnly warn you to -prepare your mind in the most suitable manner to appear in a very short -time before the throne of Almighty God, to answer for this crime, and -for every other with which you stand chargeable in your own conscience. -The necessity of repressing crimes of this nature precludes the -possibility of your entertaining the slightest hope of a remission of -your sentence. The only doubt I have in my mind is, whether to satisfy -the violated laws of your country and the voice of public indignation, -your body ought not to be exhibited in chains, to bleach in the winds, -in order to deter others from the commission of similar offences. But, -taking into consideration that the public eye would be offended by so -dismal a spectacle, I am willing to accede to a more lenient execution -of your sentence, and that your body should be publicly dissected. I -trust that if it is ever customary to preserve skeletons, yours will -be preserved, in order that posterity may keep in remembrance your -atrocious crimes. I earnestly advise you to lose no time in humbling -yourself in the sight of God, and that you will seek the aid of the -ministers of religion, to whatever profession you may belong. The -present charges having been fully established against you, it is my -duty to inform you that you have but a few days to remain on the earth. -His Lordship then pronounced, with due solemnity, the sentence of the -law, which was recorded in the following terms: - - - - - SENTENCE. - - -The Lord Justice Clerk and Lords Commissioners of Justiciary, in -respect of the verdict before recorded, decern and adjudge the said -William Burke, pannel, to be carried from the bar back to the Tolbooth -of Edinburgh, therein to be detained, and to be fed on bread and -water only, in terms of an act of Parliament passed in the 25th year -of the reign of His Majesty King George the Second, entitled “an -Act for preventing the horrid crime of murder,” until Wednesday the -twenty-eighth day of January next to come, and upon that day to be -taken furth of the said tolbooth to the common place of execution in -the Lawnmarket of Edinburgh, and then and there, between the hours of -eight and ten o’clock before noon of the said day, to be hanged by the -neck by the hands of the common executioner upon a gibbet until he be -dead, and his body thereafter to be delivered to Dr. Alexander Munro, -Professor of Anatomy in the University of Edinburgh, to be by him -publicly dissected and anatomized, in terms of the said act, and ordain -all his moveable goods and gear to be escheat and inbrought to His -Majesty’s use, which is pronounced for doom. - - (Signed) D. BOYLE, - A. MACONOCHIE, - J. H. MACKENZIE. - -Counsel for the Crown, the LORD ADVOCATE, ROBERT DUNDAS, Esq., -ARCHIBALD ALISON, Esq., and ALEXANDER WOOD, Esq., Advocate Deputies, -JAMES TYTLER, Esq., Crown Agent. - -Counsel for Burke, Sir JAMES W. MONCRIEFF, Bart., Dean of Faculty, -PATRICK ROBERTSON, MARK NAPIER, and DAVID MILNE, Esqrs. - -Counsel for M‘Dougal, HENRY COCKBURN, DUNCAN M‘NEIL, HUGH BRUCE, and -GEORGE PATTON, Esqrs. - -Agent for both pannels, JAMES BEVERIDGE, Esq. W. S. one of the agents -for the poor. - -We understand that the learned counsel above named, all very handsomely -gave their services to the prisoners gratuitously. - - * * * * * - -Having thus given a faithful account of the judicial proceedings -in this important trial, it will not, we trust, be an unacceptable -supplement if we subjoin some particulars connected with it, which -might indeed have been interwoven in the progress of the foregoing -report, but which would have only incumbered the technical details that -are, of course, most interesting. To these particulars we may add -such other facts connected with the nefarious system of murder which -had been organized among us as have transpired since the trial; and -in an affair which has excited the most extraordinary sensation ever -perhaps known in Scotland, in reference to crimes of a private nature, -it seems desirable not only to give a complete and connected account of -them, but to collect and embody along with it, in a single record, the -various expressions of public feeling, as these have come forth through -the press in all parts of the country. - - * * * * * - -From the whole evidence there appears scarce the shadow of a doubt -that Helen M‘Dougal was equally involved with the other in this scheme -of systematic murder. She did not put forth her hands because this -was not the part which she was best fitted to perform; but that she -was privy to what was about to take place is clearly made out, by her -reluctance to part with the woman Campbell, evidently from the fear -of losing her prey; and that she was an accessary after appears from -what she said to the Grays, that if they would conceal what they saw, -it would be worth to them L.10 a week. This is proved by the testimony -of those witnesses, which is above all challenge. That it should have -been necessary to set at liberty a wretch of this description, stained -with such foul crimes, to begin anew her career of iniquity, cannot be -sufficiently regretted. - - [Illustration: HELEN M‘DOUGAL - as she appeared at the Bar, - taken in Court - - _Published by Thomas Ireland Jun^r, Edin^r._] - -We may mention also as a singular instance of the obliquity of the -human understanding, or at least of the effect produced upon some -by the Dean of Faculty’s powerful speech for Burke, that two of the -Jury by whom he was tried were of opinion that the Prosecutor had not -made out his case against that unhappy man, and consequently were -for returning a verdict of Not Proven in his case as well as that of -M‘Dougal. No one who attended to the evidence as it was led, or who has -examined it since, has been able to discover upon what ground such a -verdict was returned even in the case of the female pannel; but had the -opinion of these two gentlemen prevailed, and the charges against Burke -been found not proven, Justice might have thrown away her balance and -broken her sword, and the Prosecutor might well have despaired of ever -again obtaining a verdict upon a charge of murder. Happily nothing so -utterly monstrous as this occurred. Justice has received one victim, -but she will not be satisfied with this solitary sacrifice. Others -yet remain to be claimed, whose hands are dyed in blood, and whose -criminality is not either in law or in morality inferior to that of the -unhappy man whose days are numbered, and who is doomed to expiate his -manifold crimes on the scaffold. - -The intense sensation which has been excited among all classes by this -extraordinary case, far exceeds what we have ever witnessed on any -former occasion. The story, when it was first rumoured, created the -deepest agitation. But it was treated by many as an idle tale, framed -to feed the vulgar appetite for the marvellous, and too horrible to be -believed. Nor need we wonder that the most credulous should have been -startled by the recital of such atrocious cruelty, which far surpasses -any thing that is usually found in the records of crime. The offence of -murder, dreadful as it is, is unhappily too familiar in our criminal -proceedings; but such an artfully contrived and deliberate scheme, -such a systematic traffic in blood, was certainly never before heard -of in this country. It is a new passage in our domestic history; it is -entirely out of the ordinary range of iniquity; and stands by itself, -a solitary monument of villany, such as would almost seem to mark an -extinction in the heart of all those social sympathies which bind man -to his fellow-men, and even of that light of conscience which awes the -most hardened, by the fear of final retribution. In works of fiction, -no doubt, where the writer, to produce effect, borrows the aid of his -imagination, we have accounts of such deeds, perpetrated, perhaps, in -the secret chambers of some secluded castle, or in the deep recesses of -some lone and sequestered haunt. But the striking and awful peculiarity -of the present case is, that we have laid open, not in the high-wrought -scenes of romance, but in the sober records of judicial inquiry, a -den of murderers in the very bosom of civilized society, in the heart -of our populous city, amid the haunts of business and the bustle of -ordinary life, who have been, if we may so speak, living on their -fellow-creatures as their natural prey. Words would fail to convey an -idea of the sensation that was excited in the Court as in the progress -of the trial the horrid details of this conspiracy were gradually -unfolded; the craft by which the unhappy woman was lured to her -destruction; the artful preparations for the bloody tragedy; and the -cool decision and ferocity with which, when the fitting time was come, -the murderer sprung upon his victim and extinguished life in a few -moments. At every new view of this unhappy story, it assumes a deeper -dye. What a fearful character does it present of cunning and violence, -the true ingredients of villany! From first to last we see the same -master spirit of iniquity at work to contrive and to execute. We see -no doubt, no wavering, no compunctious visitings of the conscience, -nor any soft relenting; but a stern deliberation of purpose, that is -truly diabolical; and it is fearful to reflect, that a person capable -of such crimes should have been so long haunting our streets, mixing in -society, and coolly selecting subjects for his sanguinary trade. - -Among the other peculiarities of the present case, we may remark, that -such acts of savage atrocity are rather out of place in so civilized -a community as that in which we live. They are not in unison with the -moral tone of society. Crimes of violence are the natural product of -barbarism. They grow up to frightful maturity in that congenial soil; -and all savage communities are accordingly distinguished by cruelty, -and the most profligate indifference to human life. As mankind improve, -and as knowledge is diffused, those crimes disappear, and are succeeded -by others sufficiently odious, no doubt, but still of a less atrocious -nature. The same process by which we cultivate the intellectual -faculties would seem also to open the heart to more humane sentiments -and to more kindly feelings. But however we may improve society and -diffuse instruction, there is still a vast expanse of ignorance, -poverty, and vice, which we may lessen by active efforts, but which we -cannot altogether remove, and it is in this intellectual desert, if -we may so speak, where nothing that is humane, enlightened, or moral, -ever springs up to refresh the eye, that crimes are produced. Under -the influence of ignorance all the best affections of the human heart -wither and lie dead; and it is chiefly from those who are within its -sphere, that the ranks of crime are recruited; and that, occasionally, -such wretches arise as Burke or Hare, or their female associates, who -distance all competitors in iniquity, and shock the feelings of the -age by their enormous crimes. It will generally be found that these -criminals are not only wicked and immoral, but that they are uneducated -and grossly ignorant; living, no doubt, in a civilized community, and -with certain habits of civilization that they cannot avoid, but still -in respect to mental cultivation, scarcely, if at all, raised above the -level of savages. Hence the vast importance to society of spreading -knowledge, of bringing all ranks under some process of mental tuition, -and of establishing schools where instruction and morality, for they -go together, are retailed at a cheap rate. It is only in this way that -we can ensure the decrease of crimes; and more especially of such -atrocious crimes as have been recently perpetrated. - -In the course of this trial, some allusion was made to the interests -of science, to which, in the impressive address of Lord Meadowbank, -previous to passing sentence, there is a conclusive reply, and we would -only remark, that the more this subject is agitated, the greater will -be the prejudice excited; nor can any law be made that would be of -the least service. The subject, involving as it does so many critical -considerations, is far too delicate to be touched by act of Parliament; -besides, that the popular ferment, that would thereby be raised, -would multiply the present difficulties tenfold. We cannot possibly -comprehend how Parliament could interfere in this matter, or how any -act could be framed to make that legal which is at present illegal. -Science, in short, may be injured, but it cannot possibly be benefited -by any public agitation of the subject. - - * * * * * - -During the whole course of the trial Burke maintained the most -perfect self-possession and tranquillity, even when some parts of the -evidence that made others shudder came out against him. He conversed -occasionally with M‘Dougal, and more than once we saw him smile at such -parts of the testimonies as probably appeared to him not to be “the -whole truth.” - -In the course of his trial we understand that Burke, about four -o’clock, asked when he would get dinner, and being informed it would -be about six, he begged that he might have a biscuit or two, as he -would lose his appetite before that time. Both pannels ate bread and -soup heartily; and although they displayed no external marks of inward -emotion, they frequently, especially the woman, took copious draughts -of water. - -Before the jury retired, and during the time they were enclosed, Burke -endeavoured to prepare the mind of M‘Dougal for her fate, as, from -the address of the Lord Justice Clerk, he supposed she would be found -guilty; in the view of which he gave her directions how she should -conduct herself, desiring her to look at and observe him when the Lord -Justice Clerk was pronouncing sentence. When the jury returned with -their verdict, they mentioned first that they found the libel against -M‘Dougal Not Proven. He was immediately heard coolly to exclaim, -“Nelly, you are out of the scrape.” After the Lord Justice Clerk’s -address to him he was very anxious that permission should be given to -M‘Dougal to remain a day or two in the Lock-up-house, for her personal -protection. - -The advocates for the Crown and the pannels spoke in their addresses -to the jury nearly six hours; and, altogether, the trial was one of -the most interesting we ever witnessed, by the horrors which the -investigation disclosed, by the intense interest which pervaded the -whole assemblage, and by the picturesque and singular appearance of -the scene. This was not a little heightened by the expedient to which -the greater part of the audience were obliged to resort for self -preservation against the inclemency of the weather. By orders from the -Court a large window was thrown open as far as it could be done, and a -current of cold damp air beat, for twenty-four hours, upon the heads -of the whole audience. How far this was necessary or considerate we -presume not to say; and we trust no fatal consequences will ensue; but -we must be permitted to express a hope that some plan will be adopted -for preventing a repetition of a similar occurrence--such an occurrence -as last winter, on Mrs. Smith’s trial, endangered the life of one of -our most valuable and esteemed advocates. In the present instance, the -greater part of the audience being Advocates and Writers to the Signet -in their gowns, these were wrapped round their heads, and, intermingled -with various coloured handkerchiefs in every shade and form of drapery, -which gave to the visages that were inshrouded under them, such a -grim and grisly aspect as assimilated them to a college of monks or -inquisitors, or characters imagined in tales of romance,--grouped and -contrasted most fantastically with the costume of the bench and crowded -bar engaged in the trial. - -The personal appearance of Burke and M‘Dougal has been already -mentioned; and that of Hare has also been described in terms -sufficiently glowing by the Counsel for M‘Dougal. Hare is indeed one -of the most squalid-looking wretches we have ever seen; and when he -gave his evidence, he had a sinister expression in his look which -made his presence peculiarly revolting. After being warned not to -answer any questions which might criminate himself, except with -regard to the murder of Docherty, instead of answering Mr. Cockburn’s -interrogatories, he repeatedly gave a silent diabolical nod with his -head; and on his way from the witness-box to the Lock-up-house in -the custody of the macer, he had a look of evident satisfaction in -his imagined escape; and he even chatted and conducted himself with -the most hardened levity. He repeatedly, when giving his evidence, -distinguished Docherty by the contemptuous appellation of “the old -wife.” His appearance betokens the greatest effrontery, while -it is altogether that of a low blackguard; and all his demeanour -fully justifies Mr. Cockburn’s account of him as an embodiment of -“penury and profligacy.” His wife is a short, stout, round-faced and -fresh-complexioned personage, but withal has a look of coarse and -determined brutality, fitting her to be a suitable consort to such -a mate. From their demeanour and aspect it is perhaps less to be -marvelled at that some of the jury, led away also by the eloquence of -the Dean of Faculty and Mr. Cockburn, should have been unwilling to -convict even Burke on the testimony of such wretches to whom falsehood -seemed more familiar than truth. - -The honest Irishman Gray, and his wife, to whom alone the public are -indebted for the disclosure of this base murder, and the exposure -of the gang of miscreants engaged in this trade of blood, forms an -interesting contrast to the party with whom their miseries made them -for a time bed-fellows. And when it is known, that in addition to the -temptation for concealment which their poverty and the promised reward -for secrecy supplied, there was the additional one of screening a near -relation, their honesty assumes a higher character. Hitherto they have -not met with the applause nor the reward to which their integrity -and valuable services entitle them. They both gave their testimony -with a clearness and precision, and in a manner which bespoke a clear -conscience, and no one could see and hear them without sympathising -sincerely with these poor but honest people, whose destitution -subjected them and their child to repose on the bloody bed of straw, -on which perhaps they were destined, at no distant period, to have -perished, if they had not been providentially the means of bringing -those hidden deeds to light. It has been well observed, that the -fiendish gang gave a powerful though unwilling testimony to their -uncorrupted honesty when they found it necessary to put them out of the -way until their deeds of darkness were perpetrated.[2] - - * * * * * - -Blame has sometimes been cast upon the periodical press for raising a -popular excitement by exaggerated statements. In this case, no such -charge could be made. The press, up to the time of the trial, remained -nearly silent, and the dreadful and revolting crimes then divulged -were beyond the conceptions almost of the most fertile imagination. -Popular feeling was however excited; and the interest universally -expressed, has seldom been equalled in intensity. At an early hour -in the morning, the avenues to the Court were crowded; judicious -arrangements had been made for the jurymen, witnesses, and those who -were concerned, procuring admittance by private entrances; and due -precautions used to prevent a rush and inconvenient crowding into the -Court. Still, however, the court-room, which is small, was excessively -crowded; and although very few were suffered to pass the cordons of -policemen, who guarded the approaches, it continued in this state -till the result was known. The usual good nature and sympathy towards -a criminal were laid aside in this instance, and a universal desire -seemed to pervade all classes, that both pannels should be convicted, -and a regret that Hare also and his guilty partner could not share the -same fate. All day, the streets in the neighbourhood of the Parliament -Square were thronged by anxious groupes, who eagerly questioned those -proceeding from the Court as to the progress of the trial, and their -reports speedily found their way to the remotest parts of the city. -The imperfect rumours of the objection made to the relevancy of the -indictment, and the subsequent account of its being confined to one -charge, seemed to create a fear that the criminals were about to -elude the grasp of the law on some technical grounds. Had such been -the case, a popular tumult from the reckless, unthinking part of the -assemblage appeared an inevitable consequence. Towards the evening, the -numbers increased; and about nine o’clock, a gang of blackguard men -and boys proceeded to Dr. Knox’s class-room, in Surgeons’ Square, for -the purpose of destruction. By this time the high constables, and the -other bodies of constables, joined to the ordinary police force, were -in readiness, and the steady front that was exhibited quickly induced -the assailants to withdraw. Some of the mob proceeded to the college, -and broke a few panes of glass in the windows of Dr. Monro’s class-room -and the neighbouring rooms; but the arrival of a party of constables -and policemen speedily stopped their proceedings here also. During -part of the night, the concourse continued; but as the inclemency of -the weather continued, and the night advanced, without bringing a -prospect of a speedy conclusion, the people gradually dispersed. The -hour to which the proceedings were protracted, allowed time for them to -reassemble next morning, and with renewed patience wait the conclusion. -Hasty inquiries about the result were made by those citizens who had -spent the night comfortably in bed, and were now proceeding to their -places of business, of those coming from the direction of the Court, -and whose jaded and pale appearance betokened that they had either -been employed in some capacity, or had been so fortunate as to obtain -a hearing of the interesting proceeding at the expense of a night’s -rest. The citizens of Edinburgh are by no means blood-thirsty, and, -on ordinary occasions, would rejoice to learn that a fellow-being had -escaped the fearful death that the law adjudges to great criminals; but -in this case there was expressed a universal feeling of satisfaction, -and if at all alloyed, it was by the knowledge that the woman, who was -considered equally guilty, should not have been equally punished. It -seemed as if the enormity of their offences had stopped the channels of -pity, and an unanimous requisition for vengeance was made by a whole -population. - -The offices of the newspapers published on that day were beset by eager -purchasers, and the presses kept constantly at work could scarcely -supply the unceasing demand. It has been computed, that eight thousand -copies, in addition to their ordinary circulation, were sold in one -week by the Edinburgh newspapers alone. - -A general outcry has been raised for the blood of the miscreant Hare, -and if he, who is believed to have been the author and principal -actor in so many murders, be suffered to escape, it will be to the -disappointment of the public; every confidence, is, however, felt in -the Lord Advocate. He, it is understood, is still actively prosecuting -his inquiries, and as long as the ruffian and his wife are detained -in custody, hopes are cherished that it is with a view of putting -them upon their trial. Discussions have taken place as to the policy -and legality of such a course, some of which will be found in the -subsequent parts of this work. It is not our part to decide upon the -question, but apparently nothing will allay the public ferment until -either a resolution to sift the matter regarding them to the bottom be -promulgated, or some official annunciation of its impracticability be -made public. - - - - - CONDUCT IN LOCK-UP-HOUSE. - -After the trial, Burke and M‘Dougal were removed to the Lock-up-house; -Hare and his wife followed, and were lodged in different apartments. -Burke had hardly been seated, when looking round, he said to the -officers who had him in charge, “this is a ---- cold place you have -brought me till.” The officers had been long inured to moral turpitude, -to bacchanalian frenzy, and wickedness of every description; but lying, -as he then was, under sentence of an ignominious death, for a crime of -unparalleled atrocity, his unseemly levity struck them with horror, -and one of them rebuked him sharply for his conduct. Burke stated, -that from the moment he heard that Hare had been admitted an evidence, -he was aware that escape was impossible, and he was prepared for the -worst. It was stated to him, that as he had for some time lived a -life of unexampled wickedness, a fair confession of his crimes, and -an accurate account of his life, might be read with interest, and be -of service to mankind; he replied that he would make no confession -whatever till he had consulted his priest on the subject. He stated, -that he considered Hare was the most guilty of the two; for, said he, -“he murdered the first woman, he persuaded me to join him, and now he -has murdered me, and I will regret to the last hour of my existence -that he did not share the same fate.” One of the officers stated, in -Burke’s hearing, “I think I could never wish to see that man forgiven -who could murder that poor harmless good-natured idiot, Daft Jamie.” -Here the wretched man stared intently on the officer, and replied with -peculiar emphasis, “My days are numbered--I am soon to die by the hands -of man--I have no more to fear, and can now have no interest in telling -a lie, and I declare that I am as innocent of Daft Jamie’s blood as -you are. He was taken into Hare’s house, and murdered by him and his -wife; to be sure I was guilty in so far, for I assisted to carry the -body to ----, and got a share of the money.” - -He stated, in answer to direct questions of course, that it was the -general plan to look after poor and wretched strangers, who were not -likely to be inquired after by any person of consequence; but promptly -refused to state, till he had consulted his priest, whether or not he -had been concerned in any other murders than those with which he was -charged in the indictment, or whether he was in the practice of going -to the country for the purpose of enticing poor wanderers to his house. -He gave rather a different account of the mode in which he put the poor -woman Campbell to death, from that given by his accomplice Hare. He -stated, that after the sham fight was over, she was thrown down on her -back; that Hare seized her by the legs; that he forced the mouth of a -bottle into her throat, and poured down whisky till she was choaked -or nearly so, and that he himself then sat down upon her, stopping -up her nose and mouth so completely that she died in a few minutes. -About three o’clock, he inquired if he might be permitted to offer up -a short prayer; his request was instantly granted, and the unhappy -man prayed with great fervour for a few minutes. In the course of his -prayer, he implored forgiveness for the wicked life he had led, and -more especially for the great crime for which he was about to suffer -on the gibbet. He also entreated that his wretched partner in guilt -might be brought to a full sense of the crimes of which she had been -guilty,--that she might repent, and atone, as far as it was in her -power to do so in this world, by a life of quietness, piety, and honest -industry. At his request, the officer read about half a dozen chapters -of the Scriptures, to which he paid great attention, occasionally -saying, “That passage touches keenly on my crimes.” When preparations -were making for his removal to the jail on the Calton-hill, he -requested the officers to visit him in the prison. On being informed -that there would be no admittance to him, he said, “Well, well, though -I should never see you again, you will see me on the 28th January, at -the head of Libberton’s Wynd. I have now only five weeks to live, and -I will not weary greatly for that day.” While in the Lock-up-house, he -expressed the greatest dread of the heavy irons in the condemned cell. -On reaching the jail, however, he was secured in the usual way, and -every possible precaution will be used lest he should in some degree -defeat the ends of justice by suicide, and add self-destruction to the -appalling list of murders to which he has been accessary. No person -has since been permitted to hold any conversation with him, except -his spiritual instructors. Though he has been brought up in the Roman -Catholic faith, and has intimated his resolution to die a member of -the church, in a belief of whose principles he has been educated, he -receives the visits of the Rev. Messrs. Porteous and Marshall, with -the same pleasure he does those of the Rev. Gentlemen of his own -persuasion. He pays due attention to their exhortations--reads the -Bible or some religious book constantly in their absence, and is making -every preparation for the great and awful change which he must soon -undergo. - - * * * * * - -The woman M‘Dougal, upon her release from the Lock-up-House, in which -she had been detained for two days for her personal protection, had the -audacity or folly to proceed to her old haunts in the West Port, and -even to venture to the street. She was quickly recognised, and a mob -collecting, was in danger of being roughly handled. Fortunately for -her, the proximity of the place to the police watch-office, enabled -protection to be immediately afforded, and with some difficulty she -was conveyed to the watch-house. The mob increased to a somewhat -alarming size for the slender force that was stationed there, and the -officers had to resort to an expedient to prevent an assault. A ladder -was placed at a back window, by which it was pretended that she had -descended; this induced the populace to depart, when she was escorted -to the head office. Since then she has been several times exposed to -similar danger, and as often rescued by the police officers. Finding -the lower classes too much exasperated to allow her to live in safety -in Edinburgh, she left it, and proceeded to the village of Redding in -Stirlingshire, where her father is now settled. It is said that she -has since left that village, and is living in Glasgow with Constantine -Burke. - -On Sunday, after her confinement in the Lock-up as formerly detailed, -this wretched woman related a horrible, but a plausible story, to one -of the subalterns of authority. She stated, that one night Burke and -Hare were carousing in one of the apartments of Hare’s human shambles, -on the profit of a recent murder. In the midst of their unhallowed -orgies, Hare raised his hand, and in a fit of fiendish exultation, -stated that they could never want money, for, when they were at a loss -for “a shot,” (a body for dissection,) they would murder and sell, -first one and then the other of their own wives. Being in the adjoining -apartment, the females overheard, and were petrified by this horrible -resolution, as they had every reason to be assured that the monsters -would certainly carry it into effect. A discussion of some length -ensued, and Hare finally succeeded in persuading Burke to consent, -that when the dreaded emergency did arrive, M‘Dougal should be the -first victim. Hence, this woman may be supposed to have run as imminent -a risk of a violent death by the hands of her inhuman husband, as she -did of an ignominious end on the gallows. - - * * * * * - - - - - ANOTHER ACCOUNT. - -When Burke was removed from the Court-room to the Lock-up house, he was -considerably agitated, and throwing himself upon his knees, addressed -a prayer to God, whom he had so grievously offended. During the rest -of the day he was composed, and even spoke cheerfully to the policeman -who had the charge of him. He expressed his joy at the acquittal of -M‘Dougal. He also said that the Irishwoman was murdered, not by him, -but by Hare, in the manner described in Hare’s testimony; but admitted -that, during the shocking operation he held her hands. He confessed -that he had participated in many more murders than those he had been -indicted for; and said, that after his mind was composed, he would -make disclosures which would implicate several others besides Hare and -his wife, in the same crimes as those for which he was doomed to die. -He was asked how did he feel when he was pursuing his most horrible -avocation? He replied, that in his waking moments he had no feeling, -but that when he slept he had frightful dreams, which previously he had -been unaccustomed to. The fact is, that when awake, by means of ardent -spirits, he steeped his senses in forgetfulness; and his excessive use -of spirits accounts for his absolute penury at the time of his being -apprehended. He expressed a wish that one of his Counsel, whom he -mentioned, would call upon him, that he might furnish him with notes -of his life and adventures, as he was desirous to have his history -published. At night he had short fits of sleep, during which he raved, -but his expressions were inarticulate, and he grinded his teeth in the -most fearful manner. Whenever he awoke he was in a frantic state, but -always recovered his composure; and in the course of the evening he -read two chapters of the Bible. At two o’clock on Friday morning he was -removed in a coach to the Calton Hill Jail, and put upon the gad. - - * * * * * - - - - - CONDUCT IN JAIL. - -Burke since he went to Jail has been remarkably composed and devout. -He has observed that he is by no means a bigot in religion; that -besides Popish churches, he had, when a soldier, attended Presbyterian, -Episcopalian, and Methodist ones, with the peculiar tenets of all which -he appears to be perfectly conversant. He says that he has received -instruction from good men of every faith; and that “real repentance and -a strong belief,” are sufficient to ensure salvation. - -He mentioned at first that he would wish to have a clergyman to attend -him; and upon being asked of what persuasion he would like him to be, -expressed indifference upon that point, but wished only one who would -point out the way to salvation. He received the visits of the Reverend -Mr. Marshall, minister of the Tolbooth Church, with whose ministrations -he expressed himself much satisfied, and of the Reverend Mr. Porteous, -chaplain of the Jail. One day Mr. Marshall, and the Reverend Mr. -Stuart, Catholic priest, called to see him; and upon being asked which -he would wish to converse with, he replied that he would have both; he -has also received visits from the Reverend Bishop Paterson, and the -Reverend Mr. Reid, Catholic priests; latterly, since the visits of -clergymen of his own persuasion, he has declined those of Mr. Marshall, -and they have consequently been discontinued. Whether it be that the -horrors of his wretched death have been mitigated in the contemplation -by the familiarity with it, which time must produce after the first -shuddering sensations have passed away and left a comparatively -apathetic calmness, certain it is, that he now displays less concern -about the sin than he did during the first few days; he is penitent -because his crimes have been detected and punishment awarded; but were -not this the case, in all probability he would think little of the -heinousness of the offences. - -He continues to be particularly anxious that his associate Hare should -be brought to trial, and receive the punishment he merits for his -misdeeds, but asserts that it is not from any vindictive or revengeful -feeling that he cherishes towards him, but from motives of humanity. -When conversing lately upon the subject, he stated his perfect -conviction, that if Hare should again be let loose upon society, he -would recommence his murderous career when he wanted money; at the same -time he declared that he was afraid the spirits of his future victims -would reproach him in the regions of bliss, for not having taken means -to get Hare executed, and thereby preventing their violent and untimely -deaths. - -A day or two after conviction he sent his watch and what money he -possessed to M‘Dougal; and when informed that his mission was executed, -expressed satisfaction, and observed, “poor thing it is all I have to -give her, it will be of some use to her, and I will not need it.” He -speaks in terms of great affection towards her, and anticipates that -she will be allowed to have an interview with him before he suffers. - -He is free and communicative to those who are necessarily about him, -though strangers coming from motives of curiosity are excluded. Had -liberty been afforded to the turnkeys to admit those who came, they -might have cleared a handsome sum: so much as two guineas has been -offered for admittance. He is watched day and night: and throughout -the night it is ascertained every half hour that the watchman does not -slumber at his post. Any thing by which self-destruction could possibly -be effected is sedulously kept out of his way. - -He is afflicted with a cancer which has been incorrectly stated to -have been produced by a bite from Daft Jamie. It is of long standing, -and distresses him much, and would, in all probability, have ended his -days at no distant period, if he had escaped the gallows; and there is -little doubt that Hare would have had no compunction in transferring -his comrade’s body to the dissecting-rooms, as well as those he had -so frequently trafficked in. This sore keeps him in great pain, and -along with some of the adjuncts of prison fare and treatment, tends -to divert his mind from his spiritual state to his bodily discomfort. -The condemned cell, as he observed, is but a comfortless place, cold -and cheerless and dreary, where hope, at least in such a case as his, -never enters to enliven it; chained in such a place to the gad--much -confinement to bed is necessary to produce a little warmth, especially -at this season; while coarse bread and cold water are but unpalatable -food for one who was accustomed to spend his profligate gains in -debauchery and drunkenness. The very deprivation of ardent spirits -must be felt as an intolerable grievance, and while it is properly -withheld, food, that could in some degree supply the craving for -stimulants that such a long course of indulgence cannot fail to have -produced, might surely be afforded. It is not from any notion that his -appetite should be pampered that we mention this, but from a desire -that a man in his awful situation, standing on the brink of eternity, -and to whom a few calm days may be of eternal import, should not have -his mind distracted by any needless bodily mortifications. The law in -this part of the island humanely allows a period for the purpose of -giving an opportunity of repentance to the criminal, and time to make -up his peace with God, while it at the same time annexes conditions -which in some degree renders the indulgence nugatory for the purpose. -The statute is a British one, and probably the legislators did not -contemplate that an interval of six weeks should be spent upon this -hard regimen. - -Captain Rose, the Governor of the Jail, does all that humanity dictates -to alleviate his situation. - - * * * * * - - - - - HARE’S BEHAVIOUR. - -When the officers were removing Hare from the Courthouse to the -Calton-hill jail, he is reported, to the horror even of those men -accustomed to vice in its most hardened and depraved forms, to have -been seized with a fit of diabolical glee at his fancied escape from -justice. There is something awfully appalling in the merriment of a -being who a few minutes before, had, to save himself from a merited -fate on the gallows, by his testimony consigned his guilty partner -to an ignominious death,--the comrade too whom he had lured to the -commission of the crimes, and instructed in the manner of executing -them. It might even have been supposed, that the recollection of the -appearance he made in the witness’ box, when he could only escape from -the avowal of numberless murders, by skulking under the privilege of -his situation, would have prevented his unseasonable mirth. His wife -and he have since been kept in confinement, and inquiries have been -instituted, apparently for the purpose of attempting to prove some of -the numerous charges of murders alleged against him, which, although -unauthenticated and unproved, have assumed such a shape as to be worthy -of official investigation. - -Stories have been sent abroad of his anxiety to shun the public -gaze, and muffling himself under the bed-clothes when visited by the -authorities. Usually, however, he shows no such indisposition to -publicity; but amuses himself in the airing ground attached to the -ward, along with the other prisoners confined in it, and exhibits no -disinclination to be looked at. He has the appearance of the greatest -effrontery; and whether from design or apathy, appears unconscious of -his being remarkable, or that there is any thing about him that could -satisfy curiosity. He is generally disliked by the prisoners, who, -whatever may be their crimes, naturally share in the universal aversion -that causes any person, preserving even a small portion of the ordinary -feelings of humanity, to shrink from contact with a deep-dyed murderer. -Joined to the horror of such companionship, another means of annoyance -accompanies Hare; the ward is the greatest object of attraction to the -numerous visitors to the jail, and a groupe is generally waiting his -appearance; the other prisoners are thus either prevented from taking -their usual exercise, or subjected to the gaze of the assemblage. To -obviate this as much as possible, they are in the custom of shoving -Hare forward, and forcing him to satisfy the public curiosity, and thus -rid them of the annoyance for a season. - - * * * * * - -It gives us no small pleasure to be able to inform the public, that the -Lord Advocate has caused inquiries respecting these atrocious murders -to be resumed with renovated zeal and activity; and it is said that -Mr. Peel, Secretary of State for the Home Department, has communicated -with his Lordship, requesting that the matter should undergo a complete -investigation. On one day no less than seven individuals, including -four resurrectionists, and three persons who were in the habit of -frequenting Hare’s house, were examined; the different anatomical -lecturers and various medical gentlemen have likewise been examined. -We may also mention that one of the macers of the High Court of -Justiciary has apprehended a woman in Glasgow, who had been servant to -Hare, and there are no slight grounds to hope, that she and the others -will unfold a tale of horror, which will cause a jury to consign that -acknowledged murderer to the ignominious death he deserves. He is -beginning to get remarkably uneasy in his confinement; and his anxious -inquiries at the turnkeys in the jail, the decline of his health, and -the dogged silence he maintains, evince that he is labouring, as he -well may, under the most serious apprehension. - -Public clamour is also loud against him and his wife; and every one is -anxious, if it were at all possible, that criminal proceedings should -be commenced against them. We have no doubt, however, that those who -have so successfully investigated and brought to light those foul -proceedings will anxiously deliberate, and firmly resolve, on what is -best to be done. They have before them all the evidence, and to their -sound discretion the whole matter may be safely left. - -It is stated upon good authority, that measures have been taken, with -the sanction and by the authority of the nearest kindred of James -Wilson, commonly called “Daft Jamie,” for investigating into the cause -and manner of his death, and, if possible, bringing those concerned in -his alleged murder to punishment. For this purpose, an able and active -agent has been employed, and Mr. Jeffrey, we understand, is already -retained as senior counsel for the intended prosecution, while other -eminent counsel have also been retained. - -The public at large are making anxious and universal inquiry after -Paterson. This man, instead of checking at once the course of murder, -and bringing the murderers to justice, encouraged the homicides and -profited by the horrid traffic. Had he procured only such bodies as -were indispensable for his employer’s hall, dire necessity might -have been urged as a slight palliation of his odious conduct, but he -enjoined the assassins to “procure as many subjects as they could,” -“asked no questions,” and it is beyond dispute, that he offered the -body of the woman Docherty to an eminent lecturer in town for L.15, -who spurned the proposal with merited indignation and contempt. It -was proved on Burke’s trial that he never paid more than L.10 for a -body, and had this gentleman accepted his offer, here was at once a -profit to Paterson of L.5. It will ever be regretted if no severer -punishment than universal reprobation and abhorrence overtake this -wholesale dealer in the bodies of his murdered fellow subjects. He has -not absconded, as has been reported, though discharged from Dr. Knox’s -service; he is still in Edinburgh. - - * * * * * - - - - - BURKE’S AND HARE’S HOUSES. - -Great numbers have been attracted to the habitations of Burke and -Hare, where the slaughters were carried on. Mr. Alston, the witness -on the trial, who has the key of Burke’s den, has been much annoyed -by the multitudes who have beset him for admission. He has somewhat -unusual punctilios against making profit by the transaction, and, not -unreasonably, is unwilling to be farther troubled. Indeed, little -damage could be done now though the doors of both houses were thrown -open, and the public freely admitted; the places are completely -dismantled, and only the bare walls remaining. The only danger to be -feared is, that the eagerness to procure reliques, which has been -so strangely manifested, should induce some individuals to break up -the doors and windows. Great anxiety has been shown to be possessed -of some article or other which belonged to the peerless criminals; -one man boasts that he has got Burke’s hammer; another that he has -obtained that invaluable article Hare’s whisky bottle; a third has had -the marvellous good fortune to secure Burke’s cane, while others have -actually carried off small pieces of wood, in order to be converted -into snuff-boxes, or some articles of fancy. Hare’s furniture, if -the trumpery sticks that decorated his walls and supplied the place -of furniture can be called such, has been safely deposited in an -adjacent cellar, which is securely padlocked, and all chance of a -curiosity-monger getting access to the precious store excluded. In the -late case of Corder, the rope that hanged the criminal was said to -have been sold at the rate of a guinea per inch, and if the Edinburgh -hangman be as well acquainted with the art of turning the penny as -his southern prototype, he may possibly contrive to supply as large a -demand as the taste of the public creates at the same rate, every -inch, of course, being a genuine part of the cord by which Burke was -suspended. - - [Illustration: BURKE’S HOUSE FROM THE BACKCOURT. - - A. Burke’s Window. - - B. Back entrance where the Bodies were brought out.] - -A sagacious personage, who is troubled with none of Mr. Alston’s -scruples, observing that Hare’s house was an object of great -attraction, rented it for a specific time, and shows it for a trifle -to the visitors. His speculation will probably be a profitable one, as -scores are frequently waiting their turn for admittance. - -Both places seem admirably adapted for the deeds of darkness that were -carried on in them; a happier choice could scarcely have been made, -although the occupation of them had been the result of design instead -of accident, as it certainly was in Burke’s case. Situated in the heart -of a swarming population, and the resort of every sort of vagrant, -they are still retired and apart from observation. In approaching -Burke’s you enter a respectable looking _land_ from the street, and -proceed along a passage and then descend a stair, and turning to the -right a passage leads to the door, which is very near to Connaway’s -and almost directly opposite to Mrs. Law’s; a dark passage within the -door leads to the room; to this passage the women retreated while the -murder was committed. The room is small, and of an oblong form; the -miserable bed occupied nearly one end of it, (that next the door,) so -that the women must have almost stepped over the poor old woman, while -Burke was stifling her, when they went into the passage. For some days -after the trial, every thing remained in the position in which it -had been when they were arrested, and presented a disgusting picture -of squalid wretchedness; rags, and straw, mingled with implements of -shoemaking, and old shoes and boots, in such quantities as Burke’s -nominal profession of a cobbler could never account for. A pot full -of boiled potatoes was a prominent object. The bed was a coarse wooden -frame, without posts or curtains, and filled with old straw and rags. -At the foot of it and near the wall was the heap of straw under which -the woman Campbell’s body was concealed. The window looks into a small -court, closed in by a wall. At the top of the stair leading down to -the room is a back entrance from a piece of waste ground, across which -the body was conveyed by M‘Culloch. There are several outlets from it. -Nobody can, however, discover where the cellar is situated in which -it is said the subjects were concealed; they were apparently conveyed -direct from the shambles to the dissecting-rooms. - -Hare’s house is a little further west, in a dirty, low, wretched -close called Tanner’s Close, which also opens off the West Port, from -which it descends a few steps. It has likewise a back entrance, which -communicates with the waste ground behind Burke’s. It is a dwelling of -more pretension than Burke’s, being _self-contained_ and possessing -three apartments. It is a one storey house, and though the interior -is liable to be observed by any passer-by from the close, it is not -immediately connected with other dwellings. It was, before the trial, -completely divested of furniture: when occupied, it was fitted up as -a lodging for beggars and other wanderers, and “beds to let” invited -vagrants to enter, frequently to their destruction. The outer apartment -is large, and was all round occupied by wretched beds; one room opening -from it is also large for such a place, and was furnished in the -same manner. So far from any concealment being practised, the door -generally stood open, and we have mentioned above that the windows were -overlooked by the passengers in the close; but there is a small inner -apartment or closet, the window of which looks only upon a pig-stye and -dead wall, into which it is asserted they were accustomed to conduct -their prey to be murdered. No surprise could have been excited by cries -of murder issuing from such a riotous and disorderly house, but it -was unlikely that any could reach the ear from the interior den; and -even though they had, the house might have borne a fair semblance in -front, while the murderous work went on behind. In the inner apartment -Burke used to work when a lodger in Hare’s, when he did work, which was -seldom. - - * * * * * - -When we consider this most singular and atrocious conspiracy, and the -characters of the different actors in it, as we understand them to -be, it should seem as if they had each of them their allotted parts -in the bloody drama. Hare, as far as we can learn, is a rude ruffian, -with all the outward appearance of a ruffian; drunken, ferocious, and -profligate; and far likelier to repel than to ensnare any one by a -specious show, which he is quite incapable of assuming. He appears, -however, to have been the more deeply designing of the two; and to -have over-reached his associate, Burke, whom he succeeded in always -thrusting forward, with a view, we have no doubt, of turning short upon -him, as he has done at the last, and consigning him to the gallows, -when this should be necessary, in order to save himself. Burke was -indeed the only one of the two qualified to manage the out-door -business of the copartnery, and he it was, accordingly, who always -went out to prowl for victims, and to decoy them to their destruction. -In his outward manners he was entirely the reverse of Hare. He was, -as we learn from good authority, quiet in his demeanour; he was never -riotous; was never heard cursing and swearing; and even when he was -the worse of drink, he walked so quietly into his own house, that his -foot was scarcely heard in the passage. He was of a fawning address, -and was so well liked by the children in the neighbourhood, that each -was more ready than another to do his errands. The riots which often -occurred in the house, and in which Hare always bore a conspicuous -part, were, there is every reason to believe, got up on purpose, either -when they were in the act of committing murder, or that the neighbours -might not be alarmed at the noise which inevitably accompanied the -mortal struggle between them and the unhappy inmates whom they had -enticed into their dwelling. - - * * * * * - - - - - MURDER OF MARY PATERSON. - -The first murder which was charged against Burke, although it is -surmised that several had been committed before that time, is that of -the girl Paterson, who was about eighteen or twenty years of age. It -appears that this girl, with one of her associates, Janet Brown, had -been lodged in the Canongate Police Office on Tuesday night, the 8th -of April. They were kept till six o’clock next morning, when they went -to the house of one Swanston, to procure spirits. Here they were met, -for the first time, by Burke, who asked them to drink. He afterwards -prevailed on them to go with him to breakfast, and gave them two -bottles of spirits to carry along with them. They accompanied him to -Constantine Burke’s house, in the Canongate. This man was a scavenger, -and went out at his usual hour to his work. After they had been in -the house for some time, Burke and his wife began to quarrel and to -fight, which seems to have been the usual preliminary to mischief. In -the midst of this uproar, Hare, who had been sent for, and who was -a principal agent in this scene of villany, entered, and in the mean -time Janet Brown, agitated seemingly, and alarmed by the appearance of -violence, wished to leave the house, and to take her companion along -with her. By this time it was about ten o’clock on Wednesday morning, -and Paterson was asleep in one of the beds, totally unconscious of her -approaching fate. The other girl went out, and was absent about twenty -minutes. When she returned she asked for Paterson, and was told that -she had left the house. By this time she was murdered. She came back in -the afternoon in search of her, and received the same answer. Burke had -availed himself of the short interval of twenty minutes, during which -her companion Janet Brown was absent, to execute his horrid purpose -when she was asleep, by stopping her breath; and that very afternoon, -between five and six o’clock, her body was taken to the dissecting room -and disposed of for L.8. The appearance of this body, which was quite -fresh, which had not even begun to grow stiff, and of which the face -was settled and pleasant, without any expression of pain, awakened -suspicions, and Burke was strictly questioned as to where he procured -it. He easily framed some plausible excuse, that he had purchased it -from the house where she died, which silenced all further suspicion. - - * * * * * - - - - - JANET BROWN’S STATEMENT RELATIVE TO THE MURDER OF PATERSON. - -The following is the account of the circumstances connected with the -death of the unfortunate girl, Mary Paterson, who was murdered in -Constantine Burke’s house, in Gibb’s close Canongate, as given by -her companion, Janet Brown. Brown, though a girl of the town, seems -possessed of considerable intelligence, and tells her story with -distinctness and with every mark of apparent truth. She does not appear -disposed to exaggerate, but rather seems unaware of the inference that -may be drawn from some parts of the statement. This account has been -communicated by herself, and is taken down nearly in her own words. - -Mary Paterson and she, after leaving the Canongate watch-house, between -four and five o’clock in the morning on which the murder was committed, -proceeded to the house of an acquaintance, Mrs. Lawrie, where they had -formerly lodged. Mrs. Lawrie wished them to remain. They, however, -left the house in a very short time, and went to a spirit-dealer’s in -the Canongate, named Swanston. They had there a gill of whisky, and -while drinking it, they observed Burke, who, in company with Swanston, -was drinking rum and bitters. He entered into conversation with the -girls, and affected to be much taken with them, and three gills of rum -and bitters were drank at his expense. He wished them to accompany -him to his lodgings, which he said were in the neighbourhood, and -upon Brown expressing reluctance, was very urgent that she should -go, saying that he had a pension and could keep her handsomely, and -make her comfortable for life, and that he would stand between them -and harm from the people in the house. This particular attention to -her, she supposes to have been in consequence of finding her more -shy and backward than Paterson, who was always of a forward fearless -disposition. They consented to go along with him, and he promised them -breakfast when they reached the house. He purchased, before leaving -Swanston’s, two bottles of whisky, and gave one to each of the girls to -carry. He then conducted them to Constantine Burke’s house in Gibb’s -close. They found there Constantine and his wife; when they arrived -the fire was not lighted, and William Burke swore and abused the woman -for her negligence. - -The fire was afterwards lighted up, and breakfast, consisting of tea, -bread, eggs, and Finnan haddocks prepared; but during this process, -the two bottles of whisky were produced and partly drank by Burke, -Constantine, his wife, and the two girls. Constantine partook only of -part of it, having in the meantime left the house to his work as a -scavenger. - -Before the whisky was finished, however, Burke had requested Brown to -leave the house along with him. He seems to have considered Paterson as -already sufficiently intoxicated for his murderous purpose, and to have -applied himself more particularly to Brown, on whom the spirits had -not taken so much effect. Finding that the enormous quantity of whisky -had not yet produced the requisite effect upon her, he accompanied -her to a neighbouring public-house, where he proceeded further in his -design of stupifying her, by giving her two bottles of porter which he -also partook of, and a pie. All along, it is remarkable, that Burke, -although he seems never to have lost sight of his object, but to have -adopted every method to further it, should nevertheless have partaken -as freely of the liquors consumed as if he had no other intent than to -produce intoxication on himself as well as his intended victims, and -it appears surprising that such a quantity of ardent spirits, joined -to the porter, should not have disqualified him for carrying on the -plot. He has, since his conviction, mentioned that it had produced this -effect, and that he was intoxicated when the murder was committed. - -After leaving this public-house, Brown was again taken to -Constantine’s, and the second bottle of whisky finished. While engaged -on it, M‘Dougal, who had hitherto been unobserved, suddenly started -from a bed, and joined in drinking the spirits. When she appeared, -Constantine’s wife whispered to the girls that she was Burke’s wife, -and upon her upbraiding him for his conduct, Brown apologised for being -in his company, mentioning that they did not know him to be a married -man, otherwise they would not have come, and proposed then to leave -the house. M‘Dougal replied that she did not blame them, but that it -was his constant practice to desert her and spend his money upon loose -women. She requested them to sit still, and seemed anxious that they -should not go away. The quarrelling between Burke and her then got more -violent, and she took up the eggs which had been set down for breakfast -and threw them into the fire. Upon this Burke took up a dram glass and -flung it at her; it hit her forehead above the eye and cut it. - -At the commencement of the uproar, Constantine Burke’s wife ran out -of the house, as Brown supposes for the purpose of bringing Hare; -indeed, as she saw no other person dispatched anywhere, it is difficult -to account otherwise for this vampire’s speedy appearance. After -her departure Burke succeeded in turning M‘Dougal out of the house, -locking the door upon her. By this time Paterson was lying across the -bed in a state nearly approaching to insensibility, and the murderer -seems to have considered her as incapable of exertion, and certain to -fall an easy prey when he had leisure to finish her. On this account, -doubtless, he endeavoured to commence his diabolical work upon her -more active companion; he affected great kindness towards her, and -pressed her to go along with him into the bed which M‘Dougal had so -recently left. As she herself observes, however much she might have -been disposed to yield to his wishes, she could scarcely have done so -after the brawl she had so recently witnessed, and while M‘Dougal was -still making a noise at the door and knocking for admittance, and she -peremptorily refused. Fortunate it was for her that she did so, as -there can be no doubt about his purpose, if he had succeeded in getting -her into the bed, and once there it cannot be questioned that it was -intended she should never leave it alive. - -The confusion and uproar which had most probably been got up at first, -as was their usual custom, to cover the commencement, and continued -afterwards to drown the cries of the victims, had in this instance -an opposite effect, and Brown, who had become much alarmed by their -proceedings, though still unsuspicious of the horrible reality, -persisted in her wish to be allowed to depart, promising to return in -a quarter of an hour. Upon this promise she was suffered to depart, -and Burke at her request conducted her past M‘Dougal, who was still -upon the stair-head apparently much enraged. It is not easy to account -for his allowing his prey to escape from his clutches, probably he did -expect her to return, and perhaps she got off more easily, as Hare, -who if there is any difference in their desperate wickedness, seems to -merit the distinction of being the arch-fiend of the two, had not yet -arrived. If so, Brown again made a narrow escape, as from the short -time that elapsed before she returned, when the murder was perpetrated, -and Hare appeared standing as if unconcerned; he must have come within -a very few minutes of her leaving the house. - -She went straight to Mrs. Lawrie’s, and jestingly told her that she -would not remain with her, as she had got fine lodgings now; but -after informing Mrs. L. of the circumstances, she agreed to go back -along with her servant, and endeavour to get Paterson removed. Upon -her return, she did not recollect perfectly the close in which the -house was situated, and applied at Swanston’s for a direction to the -residence of the man who left his house with them. She was told that -they could not have gone with him, as he was a married man, and did -not keep company with such as they, but that she would probably find -him in his brother’s in Gibb’s Close. Even after getting into the -close and the stair, she did not recognise the house, and entered -that of a decent woman, inquiring if it was there she was before. She -was informed that they kept company with no such people, but that it -would likely be in the house up stairs. They proceeded up accordingly, -and found there M‘Dougal and Hare and his wife. Mrs. Hare ran forward -to strike Brown, but was prevented. Between her leaving Burke’s and -returning, she thinks there was only about an interval of twenty -minutes. - -Upon inquiring for Paterson, they alleged that she had gone out with -Burke, and added that they expected them back soon, and invited her -to sit down and take a glass of whisky with them. She did so, in the -hope that Paterson might quickly return. Mrs. L.’s servant then left -them, and M‘Dougal commenced a narration of her grievances from Burke’s -bad conduct, and railed at him for going away with the girl, and this -while her murdered body must have been lying within a few feet of her! -In a short time the servant returned for Brown, Mrs. L. having become -alarmed at her report, had sent her to bring her. No attempt was made -to detain her; but she was invited to return, which she promised to do. - -In the afternoon she did go back, and was again informed by Constantine -Burke’s wife that Burke and the girl had not returned. - -In answer to her subsequent inquiries and those of Mrs. Worthington, -in whose house they lived, it was pretended that Paterson had gone -off to Glasgow with a _packman_; but this reply did not satisfy -Brown, as she knew that Paterson was a well-educated girl, and could -write sufficiently well to send an account to her friends if she had -left Edinburgh, which she certainly would have done; her clothes also -remained unclaimed. No more satisfactory intelligence, however, could -be obtained, and she never heard farther tidings of her until after the -murder of the woman Campbell, when the mystery was developed, and the -clothes which Paterson wore were found in the West Port. Upon being -confronted with Burke and M‘Dougal, she readily recognised them. - -She believes firmly that Constantine Burke and his wife were cognizant -of the proceedings, both from their manner at the time and the conduct -of Constantine afterwards when she questioned him about Paterson. -Whenever she saw him, which she frequently did at his work early in the -morning, she inquired after her. His answers were always very surly; -on two occasions saying, “How the h--ll can I tell about you sort of -people; you are here to-day and away to-morrow;” and on another, as if -in allusion to the horrid transaction, “I am often out upon my lawful -business, and how can I answer for all that takes place in my house in -my absence.” - -She represents Paterson to have been irregular in her habits, but not -so low as has been represented, and appears indignant at a paltry -print of her, in which she is represented in the garb of a servant, a -dress in which she never appeared. She had been well educated for one -in her situation, and possessed a fine person, for which she was more -remarkable than beauty of face. The story which has appeared in the -newspapers about her mother being a housekeeper in the west country, -Brown alleges to be unfounded. She was a native of Edinburgh, and her -mother is dead. - - * * * * * - - - - - MURDER OF “DAFT JAMIE.” - -The second murder charged in the indictment was that of James Wilson, -commonly known by the name of “Daft Jamie;” and the circumstances -attending it were even more revolting than those of the women Paterson -and Campbell. None of their misdeeds has excited a greater feeling of -indignation in the public mind. Jamie was very generally known, and -was a universal favourite. His appearance marked the imbecility of his -mind, and was such as to make every one regard him with a feeling of -tenderness and sympathy. He was perfectly harmless and inoffensive, -and possessed apparently great kindliness of heart. To all who had -occasion to be on the streets of Edinburgh, whether at an early or late -hour, Jamie’s appearance was perfectly familiar--wandering about, in -every sort of weather, bare-headed, and without stockings or shoes, -and his good-humoured laugh and salutation, by an awkward bow and -twitch of the front lock of hair, were readily recognised and replied -to. Though roaming almost constantly about in this guise, he was never -known as a beggar, but occasionally visited certain houses, where he -was admitted as a familiar guest, and kindly entertained, while even -in these he conducted himself in a modest unobtrusive manner. He used -to allege that he did not need money, as he had sometimes the “feck -o’ half-a-croun on him.” Jamie was by no means, however, the moping -idiot that he has been represented. Though undoubtedly imbecile -and incapable of any continuous mental exertion, he possessed some -small portion of intellect. To the boys of Edinburgh, his knowledge -of the days of the month and week, and facility in computing on what -day of the week any given time would fall, were well known; indeed, -he sometimes appeared to serve in place of a kalendar to them. His -musical talents were also appreciated, and he was often called upon to -entertain his juvenile acquaintances with a song, which he executed in -tolerable style. - -He was scrupulously clean in his person and linen, changing it -frequently. His hands and feet, though uncovered, were also observed -to be always clean. They were peculiarly formed, and by his feet he -is said to have been recognised by some of the students in Dr. Knox’s -dissecting-rooms. - -It is a curious fact, that almost all the _naturals_ who have lately -been known on the streets of this city, have met with a violent and -untimely end. Bobby Auld, a contemporary and acquaintance of Jamie’s, -was killed by the kick of an ass, and afterwards became also a subject -for dissection. There is an anecdote told concerning them, which is -a curious instance of blindness to a personal deficiency, joined to -a just perception of it in another, and at the same time exhibits -in a strong light what we have said of Jamie’s innocent and artless -disposition. It is narrated that the two met accidentally one day -somewhere in the neighbourhood of the Grassmarket. “It’s a cauld day, -Bobby.” “Aye is’t, Jamie,” replies Bobby. “We wud be the better o’ a -dram--hae ye ony siller? I hae tippence;” “and I hae fourpence,” says -Jamie. “Oh, man,” rejoins Bobby, “that’ll get half a mutchkin.” They -then adjourned to a neighbouring public-house, where the money was -produced, and the liquor ordered. But before any of them had partaken -of it, Bobby inquired anxiously, if Jamie had seen “the twa dougs -fechting on the street?” “No,” says Jamie, “I saw nae dougs fechting.” -“It’s a grand fecht though,” replies Bobby, “and has lasted half an -hour; its weel worth your seeing, and you had better gang to the door -and see it.” Jamie accordingly proceeded unsuspectingly to the street -to witness this wonderful dog fight, but speedily returned with the -intelligence that he could discover no such conflict. “They’ll be dune -then,” coolly observes Bobby. “But what’s come o’ the whisky?” said -Jamie, on observing the stoup standing empty. “Ou, man,” says the -treacherous Bobby, “ye bade sae lang I couldna wait.” Upon Jamie’s -being questioned what he had done to Bobby for this false play, he -replied, “Ou what could ye say to puir Bobby? he’s daft, ye ken.” - -Jamie, however, though inferior to Bobby in trickery and low cunning, -was much his superior in intellect. His father is said to have been a -decent religious man, and took him regularly to a place of worship in -the old town on Sabbaths, which Jamie, after his death, perhaps from -habit, continued to attend. When examined by a respectable member, it -was found that his religious knowledge was far beyond what could have -been expected, and superior to many whose appearance promised more. His -answers to questions were intelligent, and out of the usual routine. - -It is probable that this poor creature had been for some time watched -by the gang of murderers, and marked out as one that might be easily -taken off without exciting suspicion. They had very much miscalculated -however, both the notice that would be taken of his disappearance, -and the degree of resistance he was capable of making. Accident -unfortunately threw him in their way. He was met by Burke at nine -o’clock one morning in the beginning of October last, wandering about -in his usual way in the Grassmarket. He instantly accosted him in -his fawning manner, and inquired of him whether he was in search of -any one; he told him he was seeking his mother, to whom, as he was a -creature of kindly dispositions, he was warmly attached. The wretch at -once saw that he now had him within his grasp, and instantly commenced -his schemes for drawing him away to some convenient place where he -might be murdered. He contrived to persuade him that he knew where -his mother had gone, and would take him to the place, and by coaxing -and flattery he at length decoyed him into Hare’s house. Here those -monsters of iniquity, exulting over their deluded victim, began to -pretend the greatest kindness for him, and having procured liquor, they -pressed it upon him. He at first decidedly refused to taste it, but -they so far wrought upon his good nature by their assumed kindness, -that they induced him to join them in their cups, and then plied him -so effectually, that he was soon overpowered, and laying himself down -on the floor, fell asleep. Burke, who was anxiously watching his -opportunity, then said to Hare, “Shall I do it now?” to which Hare -replied, “He is too strong for you yet; you had better let him alone -a while.” Both the ruffians seem to have been afraid of the physical -strength which they knew the poor creature possessed, and of the use he -would make of it, if prematurely roused. Burke, accordingly, waited a -little, but impatient at length to accomplish his object, he suddenly -threw himself upon Jamie, and attempted to strangle him. Oppressed as -he was with the influence of liquor, he was roused at once by this -assault to a full sense of his danger; and, by a dreadful effort, he -threw off Burke, and sprung to his feet, when the mortal struggle -began. Jamie fought with all the fury of despair, and would have been -an overmatch for any one of his ruffian assailants. Burke had actually -the worst of the struggle, and was about to be overpowered, when he -called out furiously to Hare to assist him, crying that he would stick -a knife into him if he did not do so. Hare rushing forward turned the -balance of the unequal conflict by tripping up Jamie’s heels; and -afterwards dragging him along the floor, with Burke lying above him. -None were present at this murder, which was completed before mid-day, -except the two ruffians themselves. - -This will be readily recognised as Hare’s account, and, of course, -it is fitted to show him in the most favourable light which the -circumstances will admit of. It is but justice, however, to give the -statement of his companion in guilt, who, if there is any choice, is, -after all, perhaps the one whose testimony is most entitled to credit. - -Burke states that it was Hare who decoyed Jamie into the house, and -then sent for him to assist him in his inhuman design,--that Jamie -not only peremptorily refused to taste the liquor presented to him at -first, but actually did drink very little of it, and not nearly so -much as to produce intoxication,--that he then sat down upon the bed, -reclining backwards and leaning upon his arm, and that Hare sat beside -him in the same position,--and after some time, impatient for his -prey, began to attempt to suffocate him in the usual way, by pressing -his hands over his nose and mouth. Jamie, however, when he found him -using violence, resisted stoutly, and grappled with him; and during -the struggle, both fell off the bed, and rolled on the floor. Hare -then called for Burke’s assistance, which he effectually rendered, -by falling upon Jamie’s body, when, by their united efforts, he was -dispatched. - -Jamie fought manfully, and did inflict some injuries upon them; but it -is a mistake to suppose that Burke’s cancer was produced in consequence -of the bite which he is said to have given. It was originally the -effect of heat and fatigue in walking, which he had neglected, and -leading a dissipated dissolute life afterwards, it reached the -dangerous state which it has now assumed. After Jamie’s death, Burke -remarked that his clothes would answer his brother, to whom they were -given, and a pair of trousers were afterwards recognised upon him by a -baker in the Cowgate, whose they had been, and who had given them to -Jamie. It was also observed that his son wore his kerchief. - - * * * * * - - - - -DISCUSSIONS RELATIVE TO THE TRIAL OF HARE AND THE _SOCII CRIMINUM_. - - -Since the condemnation of Burke a very important question has been -agitated, not only among lawyers, but in society and the public -prints,--namely, whether or not Hare, or any of the other parties who -were concerned in the two murders that were libelled in the indictment -against Burke, but which were not brought to trial,--can now, after -having been admitted as evidences for the crown, be legally put upon -their trial for participation in those murders? This is a very nice -and intricate question indeed, and it is likely to be brought on -for immediate discussion in a regular shape, as the mother of James -Wilson, one of the victims, has been advised that it is competent to -her, as a private party, to prosecute Hare, or any of the other guilty -persons, notwithstanding any arrangements into which the Lord Advocate, -as public prosecutor, has entered with them as king’s witnesses on -Burke’s trial;--and such is the strong current of public feeling in -support of an attempt to bring Hare to justice, that a subscription -has been set on foot, and some of our nobility and gentry of high rank -have given the sanction of their names, and the aid of their purses, -to support the poor woman, while eminent counsel and an agent--as we -formerly mentioned--have undertaken the conduct of the proceedings. -Preparatory to such a prosecution, application has been made, in name -of Wilson’s mother, to the Court of Justiciary, to have Hare and his -wife detained in custody until an indictment shall be served, and the -other preliminary steps gone through, preparatory to a solemn trial of -the question. - -In the meantime, it may be interesting as a chapter in the history -of this frightful drama of real life, to combine with the details -formerly given such a selection from the arguments which have already -been maintained on this point, as will afford a concentrated view -of the discussions which lie scattered over a number of different -publications. And in doing this, we shall take the liberty of lopping -off such parts of the controversy as are extraneous to the mere point -of law, and as might tend to prolong any of that irritation and -personality which very naturally, although not necessarily, mingle -themselves in public discussions. - -We regret that the length to which these discussions necessarily -extend will prevent us from giving, so early as was intended, a -complete account of the Life of William Burke, and the circumstances -attending the murders, including many interesting particulars hitherto -unpublished. This will appear immediately after, and in the meantime we -trust that the public will appreciate the importance of the question -now presented to their notice. - -The first publication, we believe, on this subject was an article in -the Caledonian Mercury, of which the substance is as follows: - - It is now certain that no further proceedings are to be - taken against the persons concerned either as principals or - accessories in the late murders; at least, we have seen a - document issued from a high quarter, the gist and bearing of - which lead directly to this inference. But the matter cannot - possibly be allowed to rest here. The united voice of society - calls loudly for further, deeper, and fuller investigation; and - if the Public Prosecutor refuse to obey that call, and redeem - his pledge to probe and sift the whole system of iniquity to - the bottom, there is another place where the universal cry for - justice, which now rings throughout the land, will be listened - to and respected, and where even that high functionary himself - may be called to account for the mode in which he has exercised - the almost unlimited, certainly undefined, powers of his office. - We are quite prepared to give him credit for the perfect - purity and uprightness of his motives in abstaining from the - institution of further inquiries, and in wishing to allow the - veil, of which a corner only had been withdrawn, to drop for - ever on scenes too horrid and bloody to be contemplated without - fear and trembling. He may have come under a promise to the - prime _particeps criminum_ which, as a man of honour, he cannot - violate; and he may be actuated by a desire to avoid, as far as - possible, every thing calculated, as he believes, to injure the - schools of anatomy in this city. But, in regard to the first of - these grounds of forbearance, (which the reader will observe we - put merely as suppositions) the public have nothing whatever to - do with any private and extrajudicial obligations of this sort, - which however expedient or necessary in some cases they may be - thought, are in every case illegal; and the answer made to such - an apologetical plea will unquestionably be, that justice is - not to be stifled, nor a horde of murderers, and accessories - to murder, suffered to escape, because one of the horrid gang - was induced to “peach” by a promise of impunity and protection. - That incomparable miscreant, steeped to the very teeth in - blood and slaughter, the originator of the assassinations, - Burke’s master in the art of murder, and a principal or an - accessory in every crime which has been committed,--in short, - if there be any gradations of guilt in atrocities such as were - never before heard of or paralleled in any age or country, - the most guilty,--was not surely a fit subject to be selected - for clemency upon the condition of betraying his accomplices: - especially, where these were so numerous that others less - deeply implicated might have been found equally capable of - revealing the whole mystery of iniquity. Besides, his evidence, - if evidence it may be called, was unnecessary and useless. - It was unnecessary, because, exclusive of his revelations, - there was abundant evidence to bring home the crime charged - to _both_ of the prisoners; and it was useless, for what Jury - would credit the testimony of a wretch whose only title to - be believed consisted in his having been concerned in the - perpetration of _three_, perhaps _thirty_ murders,--who coolly - admitted in the box that he had stood or sat by, with perfect - composure and unconcern, while Burke was strangling the unhappy - woman for whose murder his life has been forfeited,--who had - the most powerful of all human motives, and the very strongest - conceivable interest in saying every thing which he deemed - calculated to effect the destruction of his quondam pupil and - associate,--and who must have exchanged places with the pannel, - if the pannel had been acquitted? We say, therefore, that we are - utterly at a loss to conceive upon what principle this execrable - villain was admitted to “peach.” - - * * * * * - -This was followed by an answer, reply, and various replications, which -we shall content ourselves with inserting in their order, denuded only -of such portions as might have perhaps been spared, but which must -have crept in unadvisedly, in the heat and hurry of composition for -newspapers. - - - _Edinburgh Advertiser._ - -Much dissatisfaction has been expressed that no more of the horrid gang -of murderers are likely to be brought to trial, and, consequently, that -Burke is the only victim who is to be sacrificed to public justice; but -the decision to which the Court came in restricting the Prosecutor to -the proof of one of the three charges exhibited against Burke, however -it may have been consistent with strict justice, was attended with the -necessary effect of preventing the disclosure of the circumstances -connected with the other two murders, namely, those of Mary Paterson -and of “Daft Jamie,” for which the Lord Advocate so strenuously -contended, in the view of satisfying the public mind; for, after Burke -had been convicted under the third charge, it was out of the question -to proceed to try him a second and a third time on the two previous -accusations. The limited nature of the disclosure thus produced has -naturally led the public in the present state of excited feeling, to -call for the farther trial and punishment of this atrocious gang. - -We have heard, however, that no farther trials will take place, and -we can figure the reasons why. It is apparent that there were just -four persons engaged in these horrid deeds, viz. Hare and his wife, -Burke and M‘Dougal; the latter of whom, though not actually married -to Burke, had lived with him as his wife, and had borne his name for -ten years, and was thus legally his wife. After being detained weeks -in jail, we understand, that not one of these four prisoners, when -examined as accused persons, would acknowledge any share of guilt. -In such circumstances, if these persons had been all indicted, it -is obvious that the evidence against them would have been merely -presumptive, and considering the difficulty even in convicting Burke, -when two eye-witnesses swore to the way in which the deed was done, it -is plain that all the four would have been acquitted. What effect such -a result would have had on the public mind it is needless to inquire. -_The only course left to secure a conviction was to admit a part of -the gang as witnesses against the rest._ To have taken the women -as king’s evidence against the men, if they had been willing to speak -out, which it is believed they were not, could have availed nothing, -as by law their testimony could not have been received against their -husbands; besides, their knowledge could not be of that extended nature -which it was desirable to possess. The only resource, therefore, must -have consisted in taking Hare, who, however criminal, _was not the -leader of the gang_. It may be well supposed that Hare would not -have been so well dealt with, unless he had agreed to disclose, not -merely the circumstances connected with the murder of Docherty, but -with _every other crime of that nature in which he and Burke had -been concerned_, and that his wife, against whom _he_ could -not give evidence, should confirm his statements so far as consistent -with her knowledge. Such information was clearly indispensable for -the safety of the public. It is known that it was solely from Hare’s -consequent disclosures that the murders of Mary Paterson and Daft Jamie -were ascertained, and that collateral evidence was obtained sufficient -to warrant a charge against Burke as connected with these murders. In -both these cases, it is certain that the bodies were recognised in the -dissecting-room, and in both, part of the clothes of the unfortunate -persons murdered, were found in Burke’s possession. If no other case -was charged, it may well be supposed to have arisen from the absence -of such collateral evidence, without which no conviction could have -been looked for. If we are right in this statement, _and we have -been at some pains in obtaining accurate information_, it would be -_impossible_ to bring Hare or his wife to trial for crimes which -they had disclosed under such circumstances, even if there could be -evidence against them, which is no ways likely. - -M‘Dougal has been tried, and a jury has thought fit to acquit her of -the only charge of which evidence could be obtained of her accession; -and Burke has been convicted, and he is to be executed. Deeply as -we regret that punishment should not reach a greater number of those -miscreants, we cannot shut our eyes to the obstacles which may thus -present themselves to its accomplishment, and must console ourselves -with the reflection, that if farther trials are not to take place, the -public functionaries are now well informed not only of the extent but -of the nature of such practices; and, thus alive as they must be to -the dreadful consequences of such crimes, the public has good reason -to trust to the effect of their vigilance and exertions in affording -security to the lives of the unprotected. - - - _The Caledonian Mercury._ - -In a contemporary journal of Friday last, we observe an article -entitled “The West Port Murders,” which we think deserving of our -special notice; and as it is substantively an answer to our legal -argument respecting the liability of Hare to be tried for the murders -of Mary Paterson and Daft Jamie, as well as a defence of the Public -Prosecutor, for declining to bring any more of “the horrid gang of -murderers” to trial, we feel ourselves called upon to reply to it. -In doing so, however, we shall not fail to keep in mind that we -have to deal with a question of law and of fact merely, and that, -differing as we do _toto coelo_, from the Lord Advocate, in the view -which he has taken of his duty upon this occasion, there is but one -opinion as to the purity and uprightness of the motives by which he -has been actuated, and of his desire, (unless opposed by technical -difficulties,) to afford the fullest satisfaction to the public. His -Lordship, to his infinite honour, has uniformly paid attention to the -strongly expressed sentiments of the country. - -The article in question sets out as follows,--for quotation see pages -141 and 142, paragraph commencing, “Much dissatisfaction, &c. - -Now, we contend that this is altogether erroneous in point of law, and -that the writer, in order to arrive at his conclusion, has confounded -two things perfectly distinct, viz. the legal effect of a verdict of -conviction _before_ sentence, and the legal effect of such conviction -_after_ the Court has been moved to pronounce judgment; and after a -sentence has been passed sinking the _caput_ of the prisoner. It is -quite clear in law, that even a conviction, upon a capital charge, -does not and cannot destroy the _status_ of the prisoner; and for -this reason, that the verdict may be special, or inapplicable, or -it may find something different from the facts charged, or it may -involve a conclusion which is inept in law, so that, upon a motion -in arrest of judgment, no sentence can pass upon it. Instances of -this kind constantly occur; and every one who is acquainted with the -books of criminal law, must be familiar with many of them. It follows, -therefore, that if an objection were proponed upon any of these -grounds, and sustained by the Court, the prisoner would fall to be -dismissed _simpliciter_ from the bar. But until the Court be moved for -judgment, it cannot be known whether such an objection may not lie; -and, consequently, it is manifest that a mere conviction, however valid -it may ultimately be found, does not and cannot affect the _status_ or -destroy the _caput_ of the prisoner, which is the joint result of the -verdict _and_ the sentence. Hence, we contend that the writer before -us labours under a complete mistake in supposing that the decision of -the Court “in restricting the Prosecutor to the proof of _one_ of the -three charges exhibited against Burke _was attended with the necessary -effect of preventing the disclosure of the circumstances connected with -the other two murders_,” and that, “_after Burke had been convicted -under the third charge, it was out of the question to proceed to try -him a second and a third time on the two previous accusations_.” As -matters turned out, it was indeed out of the question to try Burke -a second and a third time for the other two murders. But how was it -out of the question? Solely on account of the error committed by the -Prosecutor himself in moving and obtaining the sentence of the Court on -the verdict of conviction which had been returned by the Jury on the -third charge, namely, the murder of the woman Docherty: For the moment -Burke was condemned to die, his _caput_ was destroyed,--he was dead in -law, and had no longer a _persona standi in judicio_; consequently, -after such conviction and sentence, it was clearly “out of the question -to proceed to try him a second and a third time on the two previous -accusations.” But we have some confidence that no lawyer will maintain -the incompetency of proceeding to try Burke upon these charges, had the -Lord Advocate rested satisfied with the conviction he had obtained, -and delayed moving for sentence. We will not argue a point so clear as -this. It is evident to us that the dilemma in which the Prosecutor has -placed himself is the consequence of his own blunder, and that Burke -might have been tried on twenty separate charges, if the indictment had -contained so many, but for the error committed by his Lordship himself -in moving the Court for judgment, and thus destroying the prisoner’s -civil personality, and, of course, his _persona standi in judicio_. - -After stating, what is perfectly true, that “the limited nature of the -disclosure thus produced has naturally led the public, in the present -state of excited feeling, to call for the farther trial and punishment -of this atrocious gang,” the writer then proceeds to say:--See -paragraph on page 142, commencing “We have heard, however,” &c. to end -of the article. - -Now, our readers will perceive that this just comes, in substance, to -the fact stated by implication in our Saturday’s publication, that -Hare and his wife were admitted to “peach” upon a promise of impunity -and protection. But were the circumstances such as to warrant the -Public Prosecutor in giving such a promise, or accepting disclosures -from Hare in regard to the murders of Mary Paterson and Daft Jamie, -calculated to embarrass him in dealing with these miscreants, or to -tie up his hands altogether from proceeding against them on account -of these horrid crimes? We maintain there were no such circumstances, -and our reasons for thinking so are already partly before the -public. The defender of the Lord Advocate says, indeed, that “there -were just four persons engaged in these horrid deeds, viz. Hare and -his wife, and Burke and M‘Dougal,” and that if all four had been -indicted, “it is obvious that the evidence against them would have -been merely presumptive, and considering the difficulty experienced -even in convicting Burke, _when two eye-witnesses swore to the way -in which the deed was done_, it is plain that all the four would -have been acquitted.” Now, all this is very loosely and inaccurately -stated;--for, in the first place, the Lord Advocate knows as well as -we do, that instead of _four_, there were at least _seven_ persons -concerned either as principals or accessaries in these murders; -secondly, that independently of the testimony of Hare and his wife, -there was more than “presumptive evidence” inasmuch as he himself -rested the case against Burke on the other evidence adduced, exclusive -of Hare and his wife altogether; thirdly, that the Jury paid no regard -whatever to the testimony of these wretches, yet convicted Burke of the -charge libelled; and, lastly, that no other difficulty was experienced -in obtaining this conviction than arose from the Prosecutor having to -contend with the great talents of the Counsel arrayed for the defence, -or were inseparable from a protracted investigation into a great -body of circumstantial evidence. How, then, can it be maintained, -that if Hare and his wife had been included in the indictment with -Burke and M‘Dougal, the whole four would have been acquitted? It is -said, indeed, that these miscreants, particularly the former, made -such disclosures in relation to the murders of Mary Paterson and Daft -Jamie, as renders it now impossible to bring them to trial for these -assassinations; but even admitting this to the fullest extent, it is -not pretended that they made any disclosures connected with the murder -of Docherty; and as their testimony proved of no avail in facilitating -or insuring a conviction against Burke, the necessary inference is, -that the Prosecutor mismanaged his case in not including them in the -same indictment with their associate and accomplice for that offence at -least. But if people will not seek for evidence they cannot find it. -Why was Falconer not sought out and brought forward? Had the Prosecutor -apprehended this fellow and Paterson, and afterwards admitted them as -king’s evidence, there would have been no want of proof to convict -the whole operative part of the gang, _if not to go even farther than -this_. The teachers of anatomy ought also to have been examined. They -had it in their power to tell much that had come to their knowledge, -and to point out channels by which more might have been discovered. -Information of the most valuable description might have been obtained -from them, had it been required; information, which they were willing -and anxious to give, and which, we rejoice to learn, the Prosecutor is -now taking the proper means to obtain. - -In the paragraph above quoted there are some errors in point of fact, -which are the more material and germane to our view of the case, -because the mind of the Public Prosecutor may have been misled by -them, and his course of conduct influenced by the misconceptions under -which he laboured. First of all it is stated that M‘Dougal, “though -not actually married to Burke, had lived with him as his wife, and -had borne his name for ten years, and was thus legally his wife.” In -his “confessions,” Burke states himself to have been living in notour -adultery, which of course could only be the case upon the supposition -that a former wife of his own was alive; which we understand to be the -fact. M‘Dougal’s connection with Burke, therefore, was not of such a -nature as legally to disqualify her for giving evidence against him. -Next, the writer is misinformed when he says that Hare “was not the -leader of the gang.” Further investigation, we are convinced, will -prove the contrary. Hare was engaged in this horrid traffic _before_ he -formed an alliance with Burke; and although the superior appearance, -address, and physical strength of the latter, led him to act as the -decoy, and to take a conspicuous share in the perpetration of the -murders, Hare, we are satisfied, was his master and his tempter, as -he is known to have been his constant associate in all the murders -he committed, except, perhaps, one, which Burke alleges Hare did by -himself when he was in the country. It is really melancholy to “hear,” -therefore, “that no farther trials will take place,” and that, as far -as the Prosecutor is concerned, Hare and his wife are now free from all -challenge. - -Happily, however, there is one method by which they may still be -brought to justice. The mother of Daft Jamie is alive; and it is -competent for her to prosecute for the murder of her son, upon -obtaining the concourse of the Public Prosecutor, which his Lordship -cannot withhold. This, we understand, is a settled point, and we -know of a case in which a private party similarly circumstanced came -forward. It was in consequence of several persons being shot, in -Aberdeen, on the late king’s birth day, Captain M‘Donach was that day -the officer on duty, and gave the orders to the military to fire upon -the mob, in consequence of which several persons were killed. Politics -then ran high, and his Majesty’s Advocate refused to bring the Captain -to trial. But a private party came forward; his Lordship was obliged -to grant his concourse; and Captain M‘Donach was put upon his trial. -The Hon. Henry Erskine conducted the case for the prosecution; but in -spite of all his efforts the Jury acquitted the prisoner. We do not -remember how the instance was laid, and we have not time at present -to consult the authorities. We are quite certain, however, as to the -main fact, that the prosecution was brought by a private party, with -concourse of his Majesty’s Advocate, after that Functionary had refused -to prosecute in his own name. Now, the inference we draw from this -is, that the mother of Daft Jamie ought to come forward upon this -occasion; and in order to enable her to do so, a subscription should -be immediately opened for raising the necessary funds to defray the -expense of the trial. Were this done, hundreds, nay thousands would -subscribe to enable her to prosecute; and we are satisfied that the -Lord Advocate would not only not refuse his concourse, but would be -pleased and gratified with a proceeding calculated to relieve him from -the embarrassments with which he is at present surrounded. - - - _Edinburgh Advertiser._ - -The Lord Advocate is blamed, not only for not having possessed the gift -of “second-sight,” and discovered sooner that Burke and Hare, and their -two wives, were murderers. He is blamed in the second place, for having -been able to procure the conviction of only one of the gang. Hare and -his wife, it is said, ought not to have been made King’s evidence. -There was enough of evidence, we are told, against their associates -without them; and we are desired, therefore, to adopt the conclusion, -that they were improperly screened from punishment, by being invested -with the character of witnesses. This is really too much. But some -persons, when _disposed_ to find fault, require, in the language of -the proverb, “but a _hair_ to make a tether.” It has proved so, in the -present instance. A better arranged case of proof, circumstantial and -direct, has seldom, perhaps, been laid before a jury, than that which -was submitted to the jury on the trial of Burke and M‘Dougal. A train -of more clearly delivered and unshakenly adhered to testimony, on the -part of the unexceptionable witnesses, has seldom been listened to. -Yet, even when aided by the direct testimony of Hare and his wife, for -whose evidence we are told there was no necessity, a jury, including -individuals of the most respectable character, unanimously found -the charge _not proven_ against _M‘Dougal_, while, at least, two of -them, it is asserted, contended for a similar verdict _even against -Burke_ himself. Had Hare and his wife, therefore, not been witnesses, -there is the best reason for supposing that the conviction of none of -the four would have been obtained. It is surprising that, in such a -state of facts, the Lord Advocate should be accused of having acted -improperly in admitting these miscreants to the privileges of king’s -evidence. - -In our last paper we endeavoured to show that his Lordship could not -have acted otherwise than he has done. A contemporary of yesterday has -reviewed the remarks we then made. After affecting to consider them as -coming from a “higher quarter” than ourselves, in order, of course--to -secure the greater attention to his own observations--he still contends -that the Lord Advocate acted improperly in giving immunity to Hare and -his wife, and that if he had not done so, he might have accomplished -the conviction of more of the gang than Burke. On a _prima facie_ -consideration of the subject, this must appear very unlikely. His -lordship was, of course, in possession of all the evidence in its -authentic shape, the broken parts of which have been wafted, in an -exaggerated form, to the knowledge of the public. He was, perhaps, -aware too, that the murders had all been so committed as to preclude -the chance of direct evidence of them, except either from Burke or -Hare--who were accustomed, according to the recent confession of -Burke, to keep even their wives out of the way, on such occasions. Our -contemporary has not stated, and we, therefore, imagine, cannot state, -that any third party, not of the gang, ever witnessed a single one of -the murders, or was ever so connected with their perpetration, as to be -able to give any thing approaching to the requisite direct evidence on -the subject. He should be prepared to do so, however, before censuring -the Lord Advocate for a mode of procedure which may have been, and -which, we believe, was wholly unavoidable. - -Our contemporary objects to the extent of immunity he supposes to have -been given to Hare and his wife. On this point, we should think, he -need feel no uneasiness. If king’s evidence was necessary--if without -such evidence it be plain from what has occurred on the trial of -Burke, that there was more than a chance, a probability even, that -the conviction of none of the gang could have been obtained--we may -rest assured that the Lord Advocate offered no farther premium on the -treachery which he felt to be requisite, for the sacrifice of some of -them, than was absolutely necessary to insure it. - -But then our contemporary thinks that, at all events, a different -selection ought to have been made, and that, by the testimony of -M‘Dougal, had she been admitted as king’s evidence, Hare might have -been convicted as well as Burke. In our last paper, we stated that -M‘Dougal, although not actually married to Burke, had, for ten years, -lived with him as his wife, and, in law, therefore, _was_ so, and could -not be examined against him; and as the other woman could not, for -the same reason, have been examined against Hare--and neither of them -could furnish against the husband of the other, that clear and decisive -evidence required from _socii criminis_, to give it sufficient weight; -the result of taking _them_ as king’s evidence might, and probably -would have been, the escape of the whole four. Burke, however, it -seems, has been confessing since his condemnation, and, as one of his -confessions is said to lead to an _inference_ that his cohabitation -with M‘Dougal could not make her his wife, as either he or she were -previously married, and the wife or husband of the former marriage -still alive--our contemporary, on the tacit assumption that this even -yet mysteriously hinted at fact was or ought to have been known, and -capable of proof _before_ the trial--endeavours to give the _coup de -grace_ to our argument against the possibility of having made M‘Dougal -give evidence against Burke. His attempt to do so is founded on the -result of what is generally called, reasoning in a circle, and seems to -require no farther notice. His whole argument, indeed, on this part of -the subject proceeds on this other assumption, that the Prosecutor, in -looking out for king’s evidence, has the selection of it entirely in -his own hand. This, we rather think, is but seldom the case; and, where -the gang have been connected as husbands and wives, the selection must -often be prescribed to him, or made imperative, by circumstances over -which he can have no control. Is our contemporary quite sure that the -Lord Advocate had not his hands tied, in this way, in the present case? - -As to his lengthened argument to show that had the Lord Advocate not -moved for judgment against Burke, when found guilty of the last of the -three murders charged against him, it would have been competent to have -led evidence of the circumstances attending the other two--we would -simply ask, _cui bono?_ What good effect could have resulted from the -leading of it? Hare and his wife being protected as king’s evidence -against the consequences of _their_ participation in them, and M‘Dougal -not being charged with _them_ at all, they could only have been proved -against Burke. After what had passed, must not this have seemed, in -so far as Burke was concerned, to be like the pouring of water on a -drowned mouse, and, in so far as the public was interested, to be the -exciting of feeling unnecessarily and without object? - -Our contemporary, in conclusion, asserts, that whatever immunity the -Lord Advocate may have felt it necessary to give to the infamous Hare, -the mother of “Daft Jamie,” taking advantage of the disclosures made by -that wretch under promise of pardon, is entitled to prosecute him, with -the concurrence of the Lord Advocate, which concurrence, in all these -circumstances, his Lordship, he says, will be bound to give. This seems -very novel doctrine. We can only say, that we should be extremely glad -to think our contemporary correct in laying it down; and no man, we are -certain, would be more happy to think his reasoning without flaw, than -the Lord Advocate. - -There is still another point of _dittay_ against his Lordship, an -insinuation that he is unwilling to prosecute trains to the knowledge -of other murders which are said to have opened to him, and which are -reported to implicate other murderers than those already known to the -public. Such an insinuation might safely be contemned by any one, and -must be far too incredible, when made against his Lordship, to find a -couple of ears on the respective sides of the most credulous head in -the strongholds of credulity itself, to take it in. The Lord Advocate, -we suppose, thinks coolly before he acts--finds out some person to -be tried--and on grounds inferring probable conviction, before he -institutes the trial; and, as our contemporary admits that he is still -proceeding in his investigations, the charge of unwillingness to -prosecute, seems, even on his own showing, to be very premature, as -well as incredible. - -We are satisfied that, in the prosecution of Burke and his associates, -and in the investigation of the system of murder with which they have -been connected, the Lord Advocate has done, and is doing his duty, -ably, impartially, and fearlessly, and that he is entitled to the -highest praise instead of the slightest censure. Feeling this to be the -case, we cannot withhold our humble effort to make it appear so. - - - _Edinburgh Observer._ - -The people are not satisfied with the imperfect disclosures that -have taken place, and the trivial atonement that is to be made to -outraged humanity, by the death of only one of the atrocious gang. -There is a cry for blood--more blood--throughout the land; and coming, -as it does, from the bulk of the nation, it will require no little -discrimination and firmness, on the part of the Public Prosecutor, -to see his way clearly, and to keep it when he has found it. A more -difficult situation than his, at the present time, we cannot well -imagine. Even the activity of the press, in reiterating the calls for -further inquiry and for more victims, at the very moment when he is -known to be indefatigably employed in prosecuting the one and searching -for the other, has greatly contributed to render his duties more -harassing and ungracious. Under a sincere, and, despite what others -say, we conceive a just impression, that all the monsters might escape -the gallows, as one of them has actually done, by a verdict of “not -proven,” he permitted two of them to purchase their worthless lives by -bearing testimony against their associates. That the Hares obtained -this immunity as being the lesser criminals in his estimation, we do -not believe. The fact of the particular murder, which led to the whole -discoveries, having been perpetrated under Burke’s roof, naturally -pointed out him and his guilty partner as the more immediate objects of -legal vengeance. It is evident, that throughout the whole business, -the Lord Advocate has been actuated by the most honourable anxiety -to investigate the affair to the uttermost; and had he not, at the -very outset of the trial, been urged into a concession to the legal -scruples of the counsel opposed to him, whose eloquence most assuredly -reft one wretch from the clutch of the hangman, not merely one, but -three acts of the horrid drama would have been publicly revealed. -It is stated, that since the trial, his Lordship and his assistants -have been unremitting in their inquiries. He has attended almost -every precognition, and surveyed in person the foul abodes which the -murderers inhabited, and even the dwellings of their victims. But he -refuses to violate the public faith, of which, in this instance he is -the custodier, by yielding up the tools he has been forced to employ, -to that punishment which they have so abundantly merited, yet from -which the nation stands pledged they are redeemed. God forbid that we -should advocate the indemnity of these monsters on any ground, save the -sanctity of such a pledge. We question greatly, whether Hare and his -partner, cast upon the world with ignominy and crime branded on their -foreheads, are not more condignly punished, than the wretched man whose -days are numbered, and whose doom, it is certainly not uncharitable -to predict, will yet overtake them. In the case of Weare’s murder, -Probert, one of the accessaries, was admitted to a like immunity. When -his foul breath had consigned one of his associates to the gallows, he -was allowed to go forth into the world a free man; but, like Cain, he -found himself an outcast, and, in the course of a few months, was again -arraigned as a felon, convicted, and executed. - -Though we dissent from the summary mode of procedure which many people -recommend, and conceive that it would be a perilous innovation on the -prerogative of the Public Prosecutor to say, that in this instance, his -pledge of immunity shall be disregarded, unless some new charge can -be substantiated, we view the detestation so unaffectedly expressed -by the public towards the whole gang, as consolatory to humanity. -Had criminals, with hands so deeply dyed in blood, found even one -commiserator or advocate beyond the walls of the Court of Justice--had -any man ventured to whisper that the crimes which they have perpetrated -are not worthy of death--nay, had not the whole nation lifted up -its voice, and declared, that even death itself was but a miserable -atonement for crimes so monstrous, we should have regarded it as a -national disgrace. It is to be hoped, however, that this laudable -spirit will not degenerate into tumultuary violence. The authorities, -we are satisfied, will not relax their efforts to develope the whole -of these sanguinary atrocities; and, if the correspondence which is -at present carrying on between the Lord Advocate and the teachers of -anatomy should, in conjunction with other investigations in progress, -lead to the inculpation, in the remotest way, of any individual, we -are satisfied that nothing will shield the culprit from the vengeance -of the law, be his rank or previous respectability what it may. As yet -only one individual of that body has been in any way implicated in -these horrible transactions; and we know that a feeling is prevalent -that he has been treated with greater delicacy than he deserves; -but the culpability of one man must not be received as condemnatory -evidence against a whole tribe. An earnest desire is entertained by the -teachers of anatomy that the fullest investigation should take place; -and if criminal laxity in the receipt of subjects can be traced to any -particular quarter, an ample exposition will follow. This exposition -they are entitled to demand; for the reputation of the whole fraternity -is perilled by the revolting suspicions which the crimes of their -caterers have engendered. - - * * * * * - - - _The Caledonian Mercury._ - - THE PUBLIC PROSECUTOR AND HIS APOLOGISTS. - - _Mieux cents ennemis qu’un imprudent ami._--French Proverb. - -The remarks which appeared in our Monday’s publication, on the defence -of the Lord Advocate inserted in a contemporary Journal of Friday -last, have been reviewed, not answered, in the columns of the same -paper of Tuesday; and were it not of the very greatest importance, -at the present moment, that the public should be accurately informed -respecting some of the points at issue, we should have been well -content to leave the subject to the decision of all competent persons, -upon our first and somewhat hurried statement. We trust that we shall -be excused for proceeding at once to deal with the only matters of law -and fact to which the writer has thought proper to advert. - -And, in the first place,--(for the sake of perspicuity, we shall -take the different topics in the same order as formerly)--the writer -reluctantly admits the validity of the argument which we adduced -“to show that had not the Lord Advocate moved for judgment against -Burke, when found guilty of the last of the three murders charged -against him, it would have been competent to have led evidence of the -circumstances attending the other two.” But he asks, _cui bono?_ “What -good effect could have resulted from the leading of it?” We answer, -first, that it would have redeemed the Lord Advocate’s pledge; and, -secondly, that it would have satisfied the country. Both in replying -to the arguments of the prisoner’s Counsel on the relevancy, and in -addressing the Jury for the Crown, his Lordship distinctly pledged -himself to probe and sift the _whole_ of these murders to the bottom. -In the former case, while contemplating being under the necessity of -deserting the diet against M‘Dougal, owing to the view taken of the -indictment by the Court as containing a _cumulatio actionum_, and the -exercise of their discretionary power in separating the charges, he -said, “The question is now reduced to one of time and trouble; for if -I do not proceed against her to-day, she will be proceeded against ten -days hence. In such circumstances I shall not certainly insist now on -that woman’s being tried on this indictment. I shall proceed against -her alone, since she now says that being tried on this indictment will -prejudice her case.” And again, almost immediately after, he added, -“No motive shall induce me, for one moment, to listen to any attempt -to smother this case; to tie me down to try _one single charge instead -of all the three_. I am told that the mind of the public is excited; -if so, _are they not entitled to know from the first to the last of -this case_; and _is it not my duty to go through the whole of these -charges_? I would be condemned by the country if I did not, and what to -me is worse _I should deserve it_.” The Court, in giving judgment on -the relevancy, fully recognised the propriety of this most distinct -and articulate pledge; for Lord Pitmilly unequivocally held, that it -was competent to try Burke on all the three charges, and that the -Public Prosecutor should proceed with the first and then with the -others. Lord Meadowbank, entirely concurring in this view, expressed -his opinion, that while their Lordships sustained the indictment, they -should “direct the Lord Advocate to proceed separately in the trial -of the different charges.” Lord Mackenzie and the Lord Justice Clerk -acquiesced in this suggestion, and, in fact, it ultimately became the -judgment of the Court. Fortified by such authority, the Lord Advocate -accordingly reiterated his pledge in his address to the Jury, and in -terms equally emphatic and unequivocal. Now, we would simply ask the -writer before us, Was this sacred and solemn pledge redeemed? Were -“all the three” charges tried? Were they gone through from first to -last? Did the Prosecutor do his duty according to his own view of it, -by going “through the whole of these charges?” He cannot answer in -the affirmative. By moving for, and obtaining judgment against Burke -on the conviction under the first charge, he rendered it impossible -for himself to redeem his pledge; and two of the charges were, in -consequence, dismissed without investigation. Now, was this not an -error in judgment, which is all we ever alleged? Nay, was it not -an error calculated to place the Prosecutor in a very embarrassing -position in reference both to his own pledge and to the public? It is -true the apologist says that trying Burke upon the first and second -charges, after he had been convicted on the third, would have been -“like pouring water on a drowned mouse.” But we cannot say we admire -either the elegance or the felicity of this illustration. The question -is not one that concerned Burke, whose fate was in fact determined by -the conviction under the third charge. It concerned the Lord Advocate -and the country alone; the former as having become bound to try “all -the three” charges; and the latter as, by his Lordship’s admission, -“entitled to know them from first to last,”--a knowledge which his -Lordship conceived it to be his “duty” to afford, and which he would -be deservedly condemned by the country if he did _not_ afford. But -the writer adds, that taking any further proceedings was calculated -“to excite the feelings of the public unnecessarily and without -object.” We are really surprised that any person could have been found -short-sighted and ignorant enough to hazard such an assertion. What! -was the exposure of one murder, and the quashing of all investigation -into the circumstances of other two, calculated to _allay_ the -excitement of the public mind; or rather, was it not calculated to -produce the very opposite effect? A corner of the veil only had been -lifted up; a glimpse merely had been given of crimes which this very -writer himself describes as “destined in point of atrocity, to stand -alone, and in advance of every other that man has hitherto been known -to commit,” and as covering up from the view “the very outposts and -limits of human wickedness;” and then the curtain was suffered to drop -on others which it was equally necessary that the public should know, -and which they were equally “entitled” to have fully and thoroughly -brought to light: this was the course pursued; ample scope was given -for the imagination to work, under the influence of an undefined -apprehension; and yet we are gravely told that this was the most -approved mode which could have been adopted to prevent an unnecessary -excitation of public feeling! Has it been attended, we would ask, with -any such results? - -Next, as to the unquestionable title of Daft Jamie’s mother to -prosecute Hare for the murder of her son, with concourse of the Lord -Advocate, which concurrence his Lordship may be compelled to give, -our learned opponent remarks, that “this seems very novel doctrine.” -We certainly do not hold ourselves bound to instruct our opponent in -the first principles of criminal law; but, for the sake of a public -purpose, we shall endeavour to show that the doctrine we maintain, -so far from being “novel,” is _tritissimi juris_, one of the most -common and most thoroughly settled principles in our criminal code. -To entitle a private party to prosecute, he must have an _interest_, -not remote or feeble, but immediate and powerful in the cause; the -wrongs alleged must be wrongs done to the _person_, and “of a high -and aggravated kind, such as may naturally excite strong feelings of -anguish and resentment in the minds of the _kindred_ of the sufferer;” -an oath of calumny must be taken by the prosecutor, if required by the -party accused; caution must be found to insist in the prosecution; and -the law also subjects the private prosecutor in expenses, and even in -penalties, if he insist in a groundless or malicious accusation. Now -has not the mother of Daft Jamie an _interest_ in the prosecution we -point at? Was there not a wrong done to the _person_ of her innocent -child who was foully murdered? May she not with perfect safety take -the oath _de calumnia_, if required? And is it impossible for her to -find caution to insist, and to find means to defray the expense of -the prosecution? The public, with their usual generosity, will, we -doubt not, give a practical answer to the last of these queries; and -as to the others, we profess ourselves unable to discover that we have -proponed any “novel doctrine.” - -Again, we said the Lord Advocate might be compelled to grant his -concurrence in such circumstances; and we think Mr. Burnett and Mr. -Baron Hume will amply bear out our assertion. The former, after -stating at length the conditions above briefly indicated, says, it is -perfectly understood “that his Majesty’s Advocate _cannot refuse_ his -concourse, and _may be compelled to give it_, in all cases where the -complaint of a private party is founded on a known and relevant _point -of dittay_, (murder for example) and as to which he has _prima facie_ -a _title_ to insist.” pp. 306–7.--And Mr. Baron Hume is, if possible, -still more explicit on the point. After stating that the Lord Advocate -may refuse his concourse, if it be asked to a charge of witchcraft, -which a statute has expunged from the list of crimes, or of treason -for which no private party can prosecute, or of murder at the instance -of some stranger, who does not even allege that he is anywise related -to the deceased, he goes on to say, “On the other side, certainly -the Lord Advocate is not the absolute and accountable judge on such -occasions; but is subject to the control and direction of the Court, -_who will oblige him to produce and justify the grounds of his refusal -to concur_. Nay more; except in such extraordinary situations as those -above supposed, _he shall not even be allowed to engage in any inquiry -concerning the merits of the case, the propriety of the prosecution, -the form of the action, the sufficiency of the title, or the like_, BUT -SHALL BE ORDAINED TO COMPLY STRAIGHTWAY; _leaving the discussion of -these matters for the proper place and season, after the libel shall -be in Court_.” Vol. II. pp. 123–24. Lord Alemore’s opinion, given on -the complaint of Sir John Gordon against his Majesty’s Advocate, June -21, 1706, is equally precise: “Had the Advocate refused his concourse, -_he might have been compelled to give it_, for everyone is entitled to -justice; but he cannot be forced to prosecute.” Maclaurin, p. 298. Is -there any “novel doctrine” in all this? - -But our opponent endeavours to complicate the matter by most -disingenuously attributing to us a statement which we never made, or -even so much as dreamt of, namely, that the mother of Daft Jamie, -“_taking advantage of the disclosures made by the infamous Hare, under_ -PROMISE _of pardon_,” is entitled to prosecute him with the concurrence -of the Lord Advocate. The artifice is paltry enough; but our answer is, -that the rights of the private party, who, as such, “is entitled to -justice,” cannot be in any manner of way læsed or impaired, far less -destroyed by any previous proceedings of the Prosecutor, in his public -capacity; especially when these proceedings are in the eye of the law -illegal, and only winked at upon a principle of utility or general -expediency. What, in the name of common sense, of reason, and of law, -had the mother of Daft Jamie to do with the disclosures made by Hare -to the Lord Advocate “under _promise_ of pardon?” That “promise” may -be good against his Lordship himself; but it is utterly monstrous to -pretend that it can in any way affect the rights of a private party who -comes forward to prosecute; which it would unquestionably do, in the -most serious manner, were his Lordship to be held entitled, in virtue -of that most injudicious promise, to refuse his concurrence. Nay, we -maintain, on the authority of Mr. Baron Hume, that it would be illegal -in the Lord Advocate, when his concourse was applied for, to take any -such circumstance into his consideration at all; for it is expressly -laid down in the passage already quoted, that his Lordship “shall not -even be allowed to engage in any inquiry concerning the _merits_ of -the case; the _propriety_ of the prosecution, the _form_ of the action, -the _sufficiency_ of the title, or _the like_; all these are _jus -tertii_ to him;” and, accordingly, the Court would “ordain him to comply -straightway; leaving the discussion of these matters for the proper -place and season, after the libel shall be in Court.” This, we should -think, is not very “novel doctrine;” and as no man, we are assured, -“would be more happy to think our reasoning without flaw, than the Lord -Advocate,” (which we well believe,) we humbly hope that the exposition -we have now given will be found to answer that condition. - -These then are the main points of our case; and we flatter ourselves -that we have made them out. But as we are resolved to engage in no -further controversy on the subject, and therefore wish to clear off -our score at once, we shall take the liberty of adverting, before we -conclude, to one or two points of secondary importance, on which our -opponent strenuously insists. - -And, in the first place, he persists in maintaining that “had Hare -and his wife not been witnesses, there is the _best reason for -supposing_ that the conviction of none of the four would have been -obtained.” We would have been much better pleased, however, had this -incurious apologist condescended to inform us in what this “best reason -for supposing” consisted; as we confess our own inability to discover -a shadow of “reason” for the “supposition” so gratuitously made. -The point, we are well aware, is an important one for our opponent; -because, unless he can make out that there was no case against Burke, -without the evidence of Hare and his wife; in other words, disprove our -argument that there was sufficient testimony to convict without the -evidence of the accomplices at all, then our conclusion is inevitable, -that Hare and his wife ought to have been at the bar, and not in the -witness-box. But, strange to say, although the point at issue is so -important to the justification which our adversary labours to make -out, he has not ventured to bring forward a single argument, or show -a vestige of “reason” or authority, for the opinion he so strenuously -asserts. We shall not, however, follow his example in this respect, -but state as shortly as possible the grounds upon which we hold that -Hare and his wife ought to have been placed at the bar beside Burke and -M‘Dougal. - -The testimony of a _socius criminis_ is good in law only in so far -as it is corroborated by other testimony perfectly unexceptionable, -or by circumstances of real evidence; and where it stands alone and -unsupported, it is the duty of the presiding Judge to direct the -Jury to pay no attention whatever to it. Let us apply this test to -the evidence of Hare and his wife, and observe to what conclusion it -will lead. The former, wherever he spoke to circumstances which fell -within the knowledge of unexceptionable witnesses, differed from, or -rather was flatly contradicted by them; and consequently his evidence -in regard to these was of no avail whatever, except to impeach his -own credibility. Again, he was contradicted by his wife in respect to -several of the occurrences in Burke’s and Connaway’s on the evening -of the murder; and both were contradicted in regard to other matters -in which they agreed, by the unexceptionable witnesses. As to what -they said in regard to matters concerning which no other person could -speak, they stood alone and unsupported, and of course were not in law -entitled to be believed; while they were farther discredited by the -want of all corroboration in regard to circumstances spoken to equally -by them, and by the unexceptionable witnesses. How then was it possible -that any weight whatever could be attached to such evidence, either -by the Court or the Jury, particularly the latter? Two miscreants, -whose only title to be believed was their having been engaged in the -commission of three murders, are adduced as witnesses to speak to -one of them, and wherever their testimony is susceptible of being -corroborated, it is flatly and pointedly contradicted by persons who -are above all suspicion; and where it stands alone and unsupported, it -is in the eye of the law worth nothing. Why, then, were such witnesses -adduced at all? They were not necessary, because their testimony was -not and could not be believed; and, in point of fact, their depositions -served no other purpose, except to enable the Dean of Faculty to plead -what would have been otherwise nearly an unpleaded case, and to point -out such a formidable array of flagrant contradictions as to shake -the minds of the Jury in regard to the effect of the unchallenged and -unchallengeable testimony. The case, therefore, was, in point of fact, -made out against Burke by other evidence than that of Hare and his -wife; and as the same evidence which led to the conviction of Burke, -would have also led to the conviction of Hare at least, we have again -to submit that that hideous wretch, if not also his wife, ought to have -been placed at the bar beside his brother murderer. - -We are accused of having blamed the Lord Advocate “for not having -possessed the gift of second-sight;” and various other follies which -seem to have entered the imagination of our opponent, when heated -with his subject, are also laid to our charge. To these, however, we -disdain to offer any reply. We can well believe that the case opened -upon his Lordship gradually, and that, had he now to retrace his steps, -he would, in many respects, act differently from what he has done. With -the very best intentions in the world, a Prosecutor may be placed in -such circumstances as almost inevitably to lead him to bungle a case: -but surely it can be no very heinous offence to point out such errors -as a warning for the future, and at the same time to show how even -at present they may be in a great measure remedied.--“The very head -and front of our offending hath this extent--no more.” It is true, -we called for further investigation, and we did our best to indicate -what channels ought to be explored. That call has been answered, and -inquiries have been set on foot which can scarcely fail to lead to -important results. In regard to the nature of these inquiries, or the -facts which have been elicited, we are for the present dumb. Our object -is to aid, not to thwart, the progress of judicial investigation; and -no wish to gratify the public curiosity, or any other motive indeed -shall induce us to breathe a whisper calculated to defeat the great -and necessary purpose which the Public Prosecutor is now labouring so -zealously to accomplish. - -In order to give a connected account of the preliminary legal -proceedings respecting the contemplated trial of Hare, we shall delay -introducing the subject at present. In a future number a detail of the -whole proceedings will be given. - -We now proceed to detail the particulars which we have carefully -collected, with respect to the lives and characters of the several -individuals who have been concerned in these nefarious transactions. Of -these, the first we shall notice is, - - - - - WILLIAM BURKE. - -We can pledge ourselves that every circumstance that is here narrated, -has been obtained from such sources as to leave no doubt of its -authenticity; it will be seen that while this memoir is a great deal -fuller than any one that has appeared, it is also dissimilar, in many -particulars, to the disjointed fragments that have been from time to -time published; how these have been obtained, we cannot say, but we -can aver that this account has been received from sources which may be -relied on, and much of it from the unhappy man himself, indeed so much -as to entitle us to say that it is almost his own account. - -WILLIAM BURKE, whose crimes have condemned him to an ignominious death -on the scaffold, describes himself, in his judicial declaration, -emitted before the Sheriff-substitute of Edinburghshire, in relation -to the cause for which he was tried, as being thirty-six years of -age. He was born in the parish of Orrey, near Strabane, county of -Tyrone, in Ireland, about the year 1792. His parents were poor, but -industrious and respectable in their station, which was that of -cottiers, occupying, like the most of the peasantry of Ireland, a -small piece of ground. The Irish are remarkable for the avidity with -which they seek education for their children, under circumstances -in which it is not easily attainable. The parents of Burke seem to -have been actuated by this laudable desire, as both William and his -brother Constantine, must have received the elements of what, in their -condition, may be called a good education, and superior to what usually -falls to the lot of children in their rank in Ireland. He was educated -in the Roman Catholic faith, which he has ever since nominally adhered -to, though with little observance of its doctrines or ceremonies. He -is by no means, however, a person of the brutal ignorance or stupid -indifference that his callously continuing in a course of unparalleled -wickedness, apparently without compunction, would betoken. He has -sinned deeply, but it has not been altogether against knowledge, as he -could at times put on a semblance of devotion; and during the fits of -hypocrisy, or it may be, starts of better feeling, before he became -so miserably depraved, his conversation was that of a man by no means -ignorant of the truths of Christianity, and such even as to lead -some to imagine him seriously concerned about his eternal salvation. -During one of these temporary ebullitions about five years ago, he -became an attendant on a prayer-meeting held on the Sabbath evenings -in the Grassmarket. He was, for some time, remarked as one of its most -regular and intelligent members. He never omitted one of its meetings, -and expressed much regret when it was discontinued. As a Catholic, he -was considered wonderfully free from prejudice, frankly entering into -discussions upon the doctrines of his church, or those of other sects, -with whose tenets he showed some acquaintance. - -He read the Scriptures, particularly the New Testament, and other -religious books, and discussed their merits. On a Sabbath, especially -though he never attended a place of worship, he was seldom to be seen -without a Bible, or some book of devotion in his hands. - -At that time no one of his acquaintances would have admitted the idea -for a moment that he was capable of committing such infamous crimes, -and probably his own mind would have revolted at the contemplation of -such enormities; but a continued indulgence in sin produced in him its -never failing consequences in hardening and deadening the heart, and -fitting it for the perpetration of deeds, which a little before the -sinner would have shuddered at. - -Burke was remarked to be of a very social and agreeable disposition, -with a great turn for raillery and jocularity, and what from his after -proceedings could scarcely have been supposed, was distinguished not -only as a man of peculiarly quiet and inoffensive manners, but even as -evincing a great degree of humanity. Of this _softness of heart_, -a singular instance is given by an acquaintance and near neighbour, -whose child Burke was remarkably fond of, and used to caress much. The -little boy chanced, during the time he lodged in the neighbourhood, to -be afflicted with a tumour and gathering on the neck, and his mother -took him to a neighbouring dispensary. The medical attendants there -considered it advisable to open the gathering, which was done. Upon the -mother’s return home with the child, she informed Burke of what had -taken place; he appeared very much affected at the recital, and said -repeatedly that he could not have witnessed the operation; that the -mention of it made his flesh creep, and expressed great surprise that -the mother could be so cruel as to permit and witness it. - -At an after period, in Peebles, he still made considerable pretensions -to religion, as the subjoined note testifies.[3] It is from an -intelligent correspondent of the Saturday Evening Post, who mentions, -“On my first visit to his house, he had one or two religious books -lying near him, which he said he read; being at that time confined by -a sore leg.” Somewhat inconsistent with this pretended sanctity, is -the other part of the intelligence, that, “on Saturday nights, and the -Sabbath days, his house was the scene of riot and drunkenness with -the lowest of his countrymen.” In his confessions, published in the -Caledonian Mercury, the following testimony, borne by himself, as to -his religious feelings, appears: - - -“He states, that while in Ireland, his mind was under the influence -of religious impressions, and that he was accustomed to read his -catechism, and his prayer-book, and to attend to his duties.” - -All his pretensions, however, seem to have had but little influence -on his life and conversation, as he was all the time living in the -flagrant violation of the plainest dictates of religion, a drunkard, -blasphemer, and adulterer. - -Burke originally worked as a labourer about his native place, assisting -his father, and living in his house, until he attained the age of -eighteen, when he left him. He then went as servant to a gentleman -in the neighbourhood, but after being one year in this capacity, the -gentleman died, when he was obliged to seek other employment. - -At the age of nineteen, he entered the Donegal militia as a substitute, -and served in it as a private soldier for seven years. In this -regiment, his brother Constantine held the rank of a non-commissioned -officer. During the greater part of his service, he acted in the -capacity of an officer’s servant; and from the propriety with which he -acquitted himself, gained considerable respect. - -It was at this period that he became acquainted with a young woman, of -a respectable character, in Ballina, county of Mayo, to whom, after -some time, he was regularly married. By her, he had seven children, -of whom some were still-born. All of them, excepting one boy, are now -dead. His wife still survives, and resides with her father in Ireland. - -It is probable, that notwithstanding her good character, the connection -was not a very comfortable one for her. He proved unfaithful to -her; and this is a vice which must have marred their domestic -happiness. Indeed, even at his best time, he appears to have displayed -considerable laxity in his intercourse with women. - -At the general peace, his regiment was disbanded, along with the rest -of the militia forces. He then went with his family to reside in the -county Mayo, in the neighbourhood of his father-in-law. He was also in -the same class as Burke’s parents, and possessed a small farm, which, -in conformity with the custom in Ireland, he was willing to parcel out -to his family and connections. The system pursued in that country, of -the lessee or tacksman, of what originally is, perhaps, a very small -farm, sub-leasing miserable portions of it to an indefinite number of -retainers, is now so universally understood, that it is unnecessary -here to explain it. In a country swarming with an unemployed -population, and when so many additional claimants for the most wretched -patch of potatoe ground, had been superadded by the reduction of the -army, to the already redundant population, it must have been no slight -good fortune in Burke, to find a father-in-law whose farm could still -afford sustenance for another family. He does not seem, however, -to have been contented with the permission that was allowed him to -cultivate, from year to year, for his own behoof, the share that was -allotted to his use, and insisted upon having a lease granted him. This -the old man peremptorily refused, on the allegation, that his object, -after obtaining the lease, was to sell it and desert his family. This -difference led to squabbling between them; and after it had continued -for some time, Burke finding that there was no probability of gaining -his point, abandoned the project, and deserted his wife and family. - -After taking leave of his parents, he came to Scotland in 1817 or 1818. -He then engaged as a labourer, on the cutting of the Union Canal, soon -after its commencement; and subsequently wrote to his wife in Ireland, -but she would not receive the letter. After some time it was returned -to him, and with this, all intercourse with his family ceased, never to -be renewed. He has ever since, however, spoken in respectful terms of -his wife, and several times expressed an intention, when he could get -matters arranged, of returning to her; but motives are seldom wanting, -for a continued indulgence in a favourite sin, and want of clothes, -to make a respectable appearance, when he joined her, or some other -frivolous pretence, constantly diverted him from his purpose. - -While employed upon the Union Canal, he accidentally met the woman -M‘Dougal at the village of Middiston in Stirlingshire, where she was -residing with her father after the death of her husband. The story told -of his falling in with her on the streets of Glasgow is incorrect. An -intimacy was speedily formed, and about a year from the commencement -of their correspondence, they agreed to live as man and wife, and have -done so ever since. - -A similarity of disposition seems to have produced a corresponding -affection, and the sympathy that attracted them to each other -appears still to have outlived all their quarrels and the ill usage -he subjected her to. They have expressed great attachment to each -other since his conviction. It is understood that an account of his -connection with M‘Dougal, while his wife was still alive, having -been made to the priest of his religion, he was first admonished, -and recommended to return to her, and upon his refusal to do so, was -excommunicated. This may perhaps in some measure explain his not -attending chapel while his religious fits were upon him. - -He, after the completion of the canal, came, along with M‘Dougal, to -reside in Edinburgh, and engaged in the petty trafficking in various -sorts of merchandise practised by many of his countrymen, travelling -about the country in prosecution of his trade. He dealt in different -sorts of pedlary wares, old clothes, &c. and collected skins, human -hair, &c. in the country. - -During the work on the canal, he had been noted among the other -labourers as of a particularly handy active turn, and skilful in -cobbling, in a rude way, his own and the shoes of his acquaintances. -After his subsequent settlement in Edinburgh, he turned his talent to -some account; and though he never had learned the craft and mystery of -shoemaking, contrived to gain from fifteen to twenty shillings a week -by his new acquirement. His practice was to purchase quantities of old -shoes, and, after cobbling them in the best fashion he could, to send -M‘Dougal to hawk them about among the colliers and poor people of her -native district. - -At this time he lodged in the house of an Irishman named Michael, or -more commonly Mikey Culzean, in the West Port, who kept a lodging-house -for beggars and vagrants, similar to the one which Hare’s crime has -made so familiar to the public,--in the language of the classes who -frequent them,--a _beggars’ Hotel_. - -Many will probably recollect of a fire happening in one of these abodes -of wretchedness about six years ago, when incredible numbers emerged -from the miserable hovels. In this conflagration Mikey’s dwelling -suffered, and Burke and M‘Dougal escaped from the flames nearly naked, -and with the loss of all the little property they possessed. Some -charitable individuals contributed to procure clothes and necessaries -for the sufferers, and they received some relief by the hands of the -Rev. Dr. Dickson, one of the ministers of the parish. By this disaster -he lost his library; and though it is somewhat surprising to hear -at all of a collection of books under such circumstances, it is not -the less so when the names of some of the works are mentioned. Among -them were, Ambrose’s Looking unto Jesus, Boston’s Human Nature in its -Fourfold State, the Pilgrim’s Progress, and Booth’s Reign of Grace. His -landlord afterwards took a room in Brown’s Close, Grassmarket, where -Burke also again went as a lodger. - -It was at this time that he attended the religious meeting we have -previously mentioned, which was held in the next apartment to the one -in which he lodged. During his attendance he was always perfectly -decorous in his deportment, and when engaged in worship had an air of -great seriousness and devotion. The conductor and frequenters of it had -formerly been subjected to much obloquy, and even violence, from the -Catholics who abounded in that neighbourhood; and one evening, after -Burke’s attendance on it, his landlord, Mikey Culzean, attempted to -create annoyance, by breaking through some sheets of paper which were -used to cover up an old window, and crying out in a voice of derision, -“that the performance was just going to begin.” Burke expressed himself -in indignant terms on the occasion, saying, that it was shameful and -unworthy of a man to behave in such a manner. - -From the general aversion to the meeting so unequivocally manifested -by the Catholics, and Burke being universally known to belong to that -persuasion, his frequent attendance on it, and reverential behaviour, -excited the more notice. It was usual for him to remain conversing -with the individual in whose house they assembled after the others -had dispersed; and on these occasions the subjects that had occupied -their attention during the service naturally were often talked over. -His conversation was generally such as to show that he had been -attentive to what was passing, and comprehended the topics brought -under his notice. Since his conviction he has adverted frequently to -the subject, and deplored that the meetings had been discontinued, -as even this imperfect form of public worship had a tendency to keep -him from flagrant sin. He has kept in his recollection, and mentioned -after condemnation, an expression which was used in one of the -exhortations--“that there was no standing still in sin.” His career -of guilt, gradually advancing in the commission of crime, until the -violation of every human and Divine law led him to most flagrant -enormities, has awakened him, by bitter experience, to give his -unwilling testimony to the justice of the remark. - -During his residence in this neighbourhood, he gave no indications of -any thing that would lead people to anticipate his future enormities. -He was industrious and serviceable, inoffensive and playful in his -manner, and was never observed to drink to excess. He was very fond -of music and singing, in which he excelled, and during his melancholy -moods was most frequently found chanting some favourite plaintive -air. All these qualifications, and his obliging manner, joined to -a particularly jocular quizzical character, with an interminable -fund of low humour and drollery, rendered him a general favourite. -His custom was to take a walk almost daily along the streets with an -acquaintance, and freely to interfere in any thing which occurred to -indulge his humour. Some of these occurrences are still recollected by -his companions in his perambulations, a specimen of which, as every -thing concerning him now seems to possess interest, may be given. In -passing along the Cowgate on one occasion, his musical ear was annoyed -by the continued inharmonious cry of an itinerant vender of salt. Upon -her approaching him still nearer, the annoyance reached its climax by -her drawling out in discordant sounds her reiteration of “_wha’ll buy -saut_;” though flinching under it, he turned and replied with his -usual politeness, “Upon my word I do not know, but if you will ask that -woman standing gaping at the door opposite, she will perhaps be able to -inform you.” - -On another occasion, when attacked by a girl of the town in the -High Street, instead of replying directly to her solicitations, to -the astonishment of the unfortunate girl, he commenced a torrent of -abuse, on account of the awkward style in which she had painted her -face, saying that he might have passed over the painting, had it -been properly done; but that it was shameful to come to the street, -bedaubed in such an unskilful manner. Such was the humour with which -he continued his remonstrance, that the rude laugh of the crowd was -effectually directed against the amazed girl, and she was glad, by a -hasty retreat, to save herself from farther ridicule. - -Though his conduct was such as has been described, and even to his -paramour, notwithstanding her irregular habits, partook most frequently -of his general character. Yet on several occasions, he subjected her -to ill usage, or sometimes rather, perhaps, returned her violence, -by relentlessly beating her. A fruitful source of quarrels, was his -propensity for the company of loose women, which, when exhibited, -never failed to rouse her jealousy. The most common subject of it, was -a near connection of her own, whose virtue was not of an immaculate -description. She was, however, a great favourite of Burke’s and often -was introduced into the house. In one of these squabbles, a result -was nearly produced, which might have terminated both their lives, in -a somewhat less notorious manner, than his is likely to be, though -more conducive to the public safety, than his after impunity was, and -exhibits the latent savageness of his disposition, notwithstanding the -fair exterior. One evening, Burke, M‘Dougal, and the female already -mentioned, had gone to bed together. In the night, some jealousy had -arisen between them, and a battle was the consequence. So long as -the conflict was maintained on nearly equal terms, Burke contented -himself with witnessing it; but, when the elder virago was likely to -master the young one, he rose out of bed, and interfered in behalf of -his favourite. His interposition speedily turned the scale, and he -inflicted an unmerciful thrashing upon M‘Dougal. The neighbours who -had heard the uproar, but as usual, were backward in interfering, were -now alarmed by the cries of an interesting little girl, a daughter -of M‘Dougal’s by her former husband, who lived with them, and who -entreated them to assist her mother, as William Burke was murdering -her. Upon hastily rising and opening their doors, they found M‘Dougal -extended on the floor of the passage, apparently lifeless, with her -brutal companion standing by, contemplating her. After some time, she -exhibited signs of life, when, again seizing her by the hair, and -uttering a horrid imprecation, he exclaimed, “There is life in her -yet,” and dashed her head violently on the floor. The police watchmen -had by this time, been made aware of the noise, and arrived immediately -after this fresh inhumanity. Upon asking Burke, if the woman was his -wife, he again assumed his usual mild manner, and in an insinuating -tone said, “Yes, gentlemen, she is my wife.” - -After living for a year in Brown’s Close, he removed, still as -Culzean’s lodger, to Swan’s Close on the opposite side of the -Grassmarket, where he resided for some time still cobbling and pursuing -the same course of conduct. About this time, his acquaintance with the -individual who has furnished us with some of the above particulars, -suffered an interruption. Burke, although so liberal in his intercourse -with Protestants, had still enough of Catholic feeling, as to take -exceptions to his friend’s attending Orange lodges, and a coolness in -consequence ensued. - -After leaving Swan’s Close, he went to Peebles, where he settled for -some years. He was employed there as a labourer, and went daily to -road-making in the neighbourhood of Innerleithen. - -Here, although he still maintained some pretensions to religion, we can -trace a gradual deterioration in his character. From the note formerly -given, it will be seen that he was now distinguished for keeping -suspicious hours, and that his house was the resort of profligate -characters, and noted as the scene of drunkenness and rioting, -especially on Saturday nights and Sundays. - -From thence he went to Pennicuik, where his conduct and occupation -were much the same, working generally as a labourer, and occasionally -following his self-taught occupation of mending shoes. - -After the harvest of 1827, he, still accompanied by M‘Dougal, came -again to reside in Edinburgh, and it was at this time that he first -became acquainted with the monster Hare, who was his tempter to these -unhallowed deeds, and his teacher, as well as seducer. He came to live -in Hare’s house in Tanner’s Close, West Port, which was kept as a -lodging-house by his wife, under the name of her former husband Log. -In this abode of profligacy and vice--the resort of vagabonds of every -description, and the theatre of continued brawling and drunkenness, it -is not surprising that every trace of decent feeling that might still -have lingered about him should speedily be dispelled, and his mind be -properly tutored and prepared for the commencement of the murderous -trade in which he so ruthlessly continued for nearly twelve months. - -An intimacy was speedily contracted between Hare and him, and to show -the vile footing on which the two families lived, we may here relate -an anecdote which was communicated by a respectable neighbour of -theirs, who called on Burke with the intention of giving him a job as -a cobbler. He found Hare most brutally beating the woman M‘Dougal, who -was lying on the floor, and Burke unconcernedly sitting at the window. -He asked Burke why he suffered another man to beat his wife? to which -he replied, “She well deserved all she was getting.” - -Burke still, however, maintained a more respectable character than any -of his partners; Hare was a rude and ferocious ruffian; his wife was -a meet companion for him; and M‘Dougal was very little behind them -in drunkenness and profanity. He continued, (unlike the other three) -to work a little at his business, in the inner small apartment. The -person who now shows Hare’s house is, along with his other avocations, -a dealer in old shoes, and used to employ him to mend them up for sale. -The stock of boots and shoes which was found in Burke’s house upon -their arrest, and which excited so much speculation, belonged to him. - -Previously to his becoming an inmate in Hare’s dwelling, he had been -in the habit of engaging in harvest work, first at Mr. Howden’s, an -extensive farmer in East Lothian, and subsequently with Mr. Edington, -farmer at Carlinden, near Carnwath, where Burke and Hare, with their -two women, wrought last harvest. - -Of Burke, it had been observed, that he seemed to be a polite, -obliging, and industrious person. In rainy weather, while the reapers -could not work in the fields, it was usual for him to find out some -useful service, which he performed at the farm-steading; so that he -was seldom, if ever, idle. Whenever it happened that a servant had any -heavy article to lift, he, of all the harvest people assembled in the -kitchen, was the foremost to offer his assistance. On a young woman’s -mentioning that she had never seen Edinburgh, the same courteous Burke -invited her to town, saying, that he would give her a lodging in his -own house, and that he would show her the city; but, fortunately, she -never had an opportunity of availing herself of his kindness. After a -stay of a few days at Carlinden, a letter arrived, which was said to -announce the illness of a child of Hare’s, in Edinburgh; the parents -began to arrange for their returning homeward, when M‘Dougal remarked, -that “if Hare goes, William Burke will go too, for they are like -brothers, and cannot be separated.” Accordingly, all the four went off -together. - -While he resided in the West Port, he was remarked to be a very early -riser, frequently appearing on the streets in his working dress, on a -summer morning by three or four o’clock; some who were also on foot -at these early hours, used to observe him, and taunt the shoemakers -of the West Port with the observation that the Irish lad was the most -industrious man among them. It is probable that this activity was for a -very different purpose to what was suspected. - -The first dealing in subjects commenced in a manner which few would -be inclined to visit with very great reprehension, and had the pair -throughout confined themselves to similar exploits, they would probably -have been regarded as adroit and ingenious knaves, perhaps more -beneficially employed in furnishing the necessary supply of subjects -in a manner which harmed no one, than from their bad habits they were -likely otherwise to be. - -In December 1827, the natural death of a lodger happened in Hare’s -house,--not of a woman, as has been erroneously stated, but of a very -tall and stout man, a pensioner who led a dissipated good-for-nothing -life. His debauched habits sufficiently account for his death, while -yet in the vigour of life, without any suspicion of unfair agency being -aroused. - -After his decease, the ordinary observances were gone through, and all -matters fitly prepared for the funeral; a coffin was procured, and the -funeral guests invited, and every thing managed in a decorous manner; -the undertaker came, and while employed in fastening down the lid, was -invited into the other room to recruit his strength by a dram, the -coffin was then uncovered, and the corpse quickly dislodged and made to -change situations with a sack of waste bark which had been previously -procured from a neighbouring tannery. After this, the fastening -proceeded. The coffin was borne out at the appointed time, before the -assembled guests, and with all due solemnity deposited in the Grey -Friars churchyard. The rogues, after the ceremony, proceeded to find -out a purchaser for the body, and so unacquainted were they with the -manner of proceeding, that they did not at first apply to the proper -quarter. Throughout the day, however, they found this out, and at dusk -the subject was conveyed away in the sack which had held the bark, and -was carried on Burke’s back. Their first resting place was at Bristo -Port, where it was set down for a little, when Hare took his share of -the burden. They then took the round-about road of College Street to -Surgeons’ Square. They soon afterwards, however, found out the nearest -way. - -After all that has been said, subjects must be procured for scientific -purposes; the necessity of a young man under a course of education -for surgical practice qualifying himself for his future profession by -anatomical dissections, renders them indispensable, while the very -ordinances and regulations of the College of Surgeons, makes dissection -imperative before he can obtain a diploma or license to follow his -profession. Were all subjects procured in this harmless way, where -neither the feelings of private friends were outraged, nor public -decency violated, small fault would be found, though the nature of the -traffic would continue still sufficiently revolting to deter all but -ruthless blackguards from embarking in it. - -But after once gaining what to them was a large sum of money, Burke’s -and Hare’s cupidity could not be satisfied with this comparatively -innocent method of supplying their wants. They were apparently too -indolent or inexpert, or lacked courage too much, to adopt the ordinary -but hazardous mode of raising the dead from church-yards. Still, with -this easy, and apparently unlimited means of acquiring money opening to -them, they could not betake themselves again to the pursuits of honest -industry; and, stimulated by the greatness of the reward, and the -prospect of their sensual indulgences being so readily gratified, they -formed the desperate resolution of committing murder, and of continuing -to imbrue their hands in their fellow-mortals’ blood, as their ordinary -and sole means of procuring a livelihood. - -Before commencing the revolting narrative of their appalling crimes, we -may mention, that previous to the period in which they engaged in them, -their neighbours used to observe them only to notice the squalor and -wretchedness of their appearance; but all at once, there was a sudden -change, and Burke and M‘Dougal especially assumed a different aspect. -They appeared well dressed, and spent money freely. Whisky, which -however much it may be relished, can only be procured at intervals by -men in his situation, seemed to be constantly at their command; and -even credit at a neighbouring spirit-dealer and grocer’s, was obtained, -to an extent that almost no individual in his situation would have -ventured to hope for or request. At this time, Burke mentioned to the -wife of an old acquaintance, whom he met accidentally, that he had -spent fourteen pounds within the last fortnight; and if he had known -where her husband lived, would have been glad to come and spend three -or four pounds in company with him. Of course, all this apparent -affluence was not exhibited, without exciting the speculation of those -who observed it; and they were troublesome in their inquiries into the -secret, that enabled them to live well, and drink continually, without -working. Various were the excuses that were made; for they never -appear to have been at a loss for an answer. On one occasion, when the -question was put to Burke, and suspicions intimated, that he followed -the trade of a resurrection man, he neither would give a denial nor an -affirmative to the proposition, but contented himself with remarking, -that the querist was as bad as the rest. On another, he would ask -Mrs. ---- “Can you keep a secret,” and when the curious inquirer, -expecting to be entrusted with the whole mystery, eagerly answered, -“Yes,” he would reply, with an air of secrecy, that he smuggled a -little small-still whisky. - -Nelly M‘Dougal had a different way of accounting for it. She averred -that she had a property in Stirlingshire, which had been left to her by -her former husband, and which produced twenty pounds a year; and that -it was from the rent of it the money came. It was afterwards observed -to her by some of the neighbours, that this story would scarcely -account for their abundant supply of money, as the rents of such -properties, as she described, were usually drawn at definite terms, -and they seemed to get money much more frequently. She then alleged -that the money was the proceeds of a legacy that had been lately left -her, and that she drew part of it when she pleased. To humour this -story, she used to announce to her acquaintances, from time to time, -that their money was expended, and that she had written off for a -fresh supply. In a few days, accordingly, she intimated that the money -had arrived, and new vigour was imparted to their drunken disorderly -courses. - -It must be perfectly apparent what the dispatching of the letter meant, -and if these proceedings does not amount to a guilty knowledge and -accession to the murders, so far as knowledge of, and sharing in the -proceeds goes, we do not comprehend what can constitute participation. - -At another time she intimated that William [Burke] was the favourite -of a lady in the New Town, who never allowed him to want money, and -sometimes she had known him receive twenty pounds at a time from her. - -Burke states, that Hare and he had often talked over the subject of -murder, and had consulted upon the best mode of effecting it. It may -well be credited, as their first essay seems to have been conducted -with as much coolness and deliberation, as much cautious management in -effecting it, and as little compunction in the execution, as if they -already had been adepts in the art. It was perpetrated on an elderly -woman, belonging to the village of Gilmerton, whom Hare had observed a -little intoxicated on the streets. She was a pensioner to a gentleman -in the New Town, from whom she received 1s. 6d. a week. Hare accosted -her, and easily succeeded in enticing her into his house, here they -gave her spirits to drink, and afterwards Mrs. Hare, purchased, for one -shilling and sixpence, a small cann of _kitchen-fee_ which she had -received at the house of the gentleman already mentioned. The price -of it was also laid out in liquor, and the poor woman speedily got -altogether intoxicated, and commenced singing in the exuberance of her -mirth. She told them that she had a very fine young daughter at home, -and, with maternal feeling, was loud in her praises. Hare represented -himself as an unmarried man, and said, that upon her representation, -he would marry her daughter: The poor woman readily consented to the -match, when the heartless fiend, expressed great kindness for her, -and alleged that his bride and he could not live without her, and -that when the daughter came home, she must come to reside with them. -She willingly consented to this arrangement, and expressed herself -quite overjoyed at meeting with such a good provision for herself and -daughter, and promised to return and get the marriage consummated. -They took care to ply her well with liquor, in order that being made -completely drunk, she might remain after the other lodgers had departed -in the morning. Next day, the spirits had the effect, and she was sick -and vomited. The monsters had not abandoned their purpose, however, and -after stupifying her with more whisky, when all the others had left the -house, they put her to death in the way they pursued ever afterwards, -by covering and pressing upon the nose and mouth with their hands. The -body was afterwards conveyed to Surgeons’ Square, and the money readily -obtained for it. This happened in December 1827. - -In the whole story, we see none of the hesitations and misgivings of -men engaged in a first attempt, at such a horrible crime; every thing -appears rather like the acts of those, whom long familiarity with a -course of iniquity had rendered completely callous; and yet there does -not seem any sufficient ground for supposing that either of them had -been engaged in such crimes before. Burke asserts strenuously, that -he never was concerned in like transactions, and expresses his belief -that Hare also was guiltless up to this time, so far as he knows, of -the blood of his fellow-creatures; and, after what has happened, he -assuredly will not be much inclined to favour Hare. This opinion is -also corroborated, when we recollect that they proceeded like novices -in the disposal of the pensioner who died naturally. - -The next unfortunate victim to be inserted in the horrid catalogue was -an Englishman, a travelling pedlar or _packman_, who had lodged -also in Hare’s house. The process which they had now ascertained to -be most easy and efficacious was also gone through with him. He was -enticed to drink to intoxication at night; and when the house was -cleared, he was suffocated in the usual manner. - -Success in these instances made them more eager, and Burke describes -himself at this time as thirsting continually after his prey. - -A connected or chronological account of their murders cannot now be -obtained; the copartnery kept no books to which reference can be -made, and were not curious in inquiring into their victims’ names or -circumstances; but such distinctive marks of every one of them has been -furnished, as to enable us to lay before our readers some notice of all -the individuals murdered, though it may not perhaps be exactly in the -order in which they occurred; even in this particular, we believe, it -will be found nearly correct. They in all amounted to sixteen; fewer -than what some have asserted, but far above what any one could have -conceived of before this atrocious system was unveiled. One of this -number was effected by Hare at the time that Burke was absent in the -country; how it was accomplished, remains only known to that demon -himself, as it was only by accident that Burke discovered anything of -it. It has been often said, that there is honour among thieves: this -does not, however, seem to hold good regarding murderers, as Hare -appropriated to himself the price of this subject; and upon being -challenged by Burke for his breach of contract, audaciously asserted -that nothing of the kind had taken place. It was only after his -comrade applied at Surgeons’ Square that the truth transpired. This -is understood to have been the minister’s servant, to which public -attention has been attracted. - -Another, and probably the third one sacrificed, was a dissipated -character, who used to infest the Grassmarket and neighbourhood, called -Mary Haldane; she was enticed into the house, and fell an easy prey; -her previous habits caused her readily to imbibe a sufficient quantity -of ardent spirits, and little difficulty was found in despatching her. - -It is singular, that among their victims should be ranked a mother and -her daughter, and at different times too, but so it is that the child -of this Mary Haldane was kidnapped into the house where her mother had -been formerly murdered--she was unconscious of her mother’s fate, and -was deprived of life in the same way. She was a woman of the town, and -led a very dissolute life; one of her sisters was transported to Botany -Bay not long before the murder of the mother and sister. - -Among the rest, was an old man, who was usually known by the name -of Joe. He had been a miller, but old age and infirmities had -incapacitated him from working at his trade. In an evil hour he entered -Hare’s lodging-house, and never departed from it; he was also plied -with liquor, and when in a drunken slumber, his breath was stopped. - -Among the other melancholy stories, there is one of a peculiarly -touching description, which Burke, remorseless as he has been, often -talks of, and deplores as the one that hangs heaviest upon his -conscience. It is that of the poor Irishwoman, and her deaf and dumb -grandson, which has been already noticed, though incorrectly, in the -newspapers. The poor woman, with her helpless charge, had been met -by Hare on the street, and though her circumstances as a destitute -country woman, and the protectress of the helpless boy, might have -melted the hardest heart, he does not seem to have felt any compunction -in marking her and her child out for slaughter. She was invited to -the house, and to her seeming, hospitably entertained. She seemed -perfectly well pleased, and even expressed to them the satisfaction -she felt at her good fortune in meeting with a kind countryman, who -behaved so generously to her, and in whose house she could repose safe -from the dangers of this wicked town. But their feelings could not be -touched by such appeals, and the unfortunate woman was put to death at -night, and allowed to remain in bed as if sick or asleep. The youth -did not comprehend what had taken place, but seemed to imagine that -his grandmother was unwell. Next morning he was, almost charitably, -dispatched also. Burke took him upon his knee, and broke his back. He -describes this murder as the one that lies most heavily upon his heart; -and says that he is constantly haunted by the recollection of the -piteous manner in which the boy looked in his face. The lad was laid -in the bed alongside of his grandmother; and when the time arrived for -conveying them to the dissecting-rooms, the bodies were tumbled into an -old herring barrel. - -A curious incident happened in connection with this murder which had -well nigh put a stop to their career, and, in looking back upon the -circumstances now, it appears astonishing that it should not have led -to a complete discovery of their infamous transactions. The herring -barrel containing the two bodies was placed on a cart. An old horse -which Hare possessed, and which he used in his traffic in fish and -crockery-ware was yoked to it, and the two set out at darkening to -Surgeons’ Square with their cargo. They proceeded along the West -Port, without any thing remarkable happening, but when they reached -the market-place at the entrance to the Grassmarket, the horse -stopped, and, notwithstanding all their efforts, would not proceed -a step farther. It may be easily conceived that they were in a sad -quandary, with nothing before them but instant exposure. As Burke has -since said, they “thought the poor old horse had risen up in judgment -against them.” Unfortunately for the public, though luckily for them, -as it gave them a respite for some time longer, the assembled crowd -were so much engaged in attending to the horse, that none of them -thought of inquiring into the contents of the cart; and when it was -ascertained that nothing could induce the horse to move forward, -two porters were allowed to bear off his burden without attracting -particular observation, and, like M‘Culloch, they bore their load to -the dissecting-rooms without being troubled with any scruple upon the -subject, or once venturing to ask either themselves or their employers -what it was composed of. The miserable horse, which it is probable age -and hard usage, and insufficient diet, had arrested in its progress, -rather than any suspicions or unwillingness to comply with the assigned -task, was, in revenge for the fright it had given its masters, and the -trouble it had put them to, led to a neighbouring tannery and shot. - -The subjects, however, reached their destination, and, notwithstanding -this untoward event, and the imminent risk the guilty pair had -incurred, the next opportunity found them as eager for slaughter as -if no cause of terror or subject for reflection had occurred: indeed, -by this time probably any feeling of compunction, which appears--if -such ever existed--to have been of a very evanescent description, -had disappeared. They had tasted the sweets of an abundant supply of -money, and ample means of gratifying their sensual appetites, without -the irksome operation of working for the necessary means; and it was -not likely that any temporary alarm would divert them from practices -which supplied all their wants. With their hearts seared, if such an -operation ever was requisite, by the habitude which former crimes had -given them, and assured by the impunity which had hitherto attended -their speculations, it was unlikely that any scruples should assail, -or any dread dismay them. Reflection was quite out of the question. -Hare seems to have been both mentally, from original organization, and -physically from his incessant use of ardent spirits, incapable of it; -and Burke, though possessing a more active and acute mind, was yet -endowed with an unstable rambling disposition, which incapacitated him -from any continuous mental exertion, and besides, at this time he was -in the constant habit of “steeping his senses in forgetfulness,” and at -the same time banishing reflection and the warnings of conscience, by -the indulgence of his inordinate appetite for stimulants. - -Whatever might be their feelings, or whether they felt at all or -not, the next opportunity found them actively engaged in what had -now assumed the character of a regular trade. The narration must be -proceeded in, and the disgusting catalogue gone through, however -revolting to humanity, and we hasten to lay before our readers the -remainder of the intelligence we have obtained respecting these murders. - -Another one was effected upon the body of a poor old woman who had -unhappily drank too freely, and not being in a condition to behave -discreetly, had subjected herself to the surveillance of the police, -who, as a last resource, were in the act of conveying her to the -office; Burke happened to be in the way, and apparently commiserating -the situation of the unfortunate woman, proffered his good offices in -taking charge of her and furnishing her with a night’s lodgings. The -officers were doubtless glad to get their troublesome charge so easily -off their hands, and readily acceded to his request; she was conducted -to the ordinary slaughter-house, Hare’s, and speedily put out of a -condition to give any further annoyance to the police. - -Another victim was a cinder gatherer, whose occupation caused her -to wander about the streets at all hours, and while Burke prowled -abroad at the early hour we have mentioned, many opportunities must -have occurred to form an acquaintance with her, and we may suppose -that little inducement would be requisite to cause her to leave her -wretched employment for a season, and partake of his good cheer: she -was destined never to return to it. - -If there be any gradation in their wickedness it appears more -incredible and unnatural that a near relation of the one, and -connection of the other, should have been selected as a sacrifice; -yet it is well ascertained and admitted by Burke, that a young woman, -a cousin of M‘Dougal’s was also put to death, after having been -intoxicated. Some relations, we believe her mother and sister, after -the nefarious system was developed, came to Edinburgh in fearful -apprehension, endeavouring to ascertain the fate of her whom they had -long anxiously mourned over, and applied at the house of Constantine -Burke, when her relative Helen M‘Dougal was present. She, in answer -to their agonised inquiries, replied, that they need not trouble -themselves about her, as she was murdered and sold long before. - -One of the remaining murders was perpetrated on the body of a woman who -came from the country, and took up her lodgings also in Hare’s. - -We have already given, at page 125–137, a description of the murders -of Mary Paterson and James Wilson, or Daft Jamie, and it will be -unnecessary here to repeat what has already been inserted. Burke has -admitted, that he was intoxicated when he suffocated Paterson, and -that it was done in the presence of Hare, while she was in a slumber, -which the excessive quantity of spirits he induced her to swallow had -produced. All legal proceedings regarding her may be considered to be -at an end. Should it be resolved upon, however, to indict and try Hare -for the murder of Daft Jamie, a farther development of some of the -circumstances connected with him may be anticipated. As it stands at -present, we may assert that no additions can be made to the narrative -formerly given. It is singular that he was the only individual murdered -who had sense enough to refuse the liquor that was pressed upon -him, and apparently the only one that they found any difficulty in -dispatching. Burke has latterly, in allusion to this, remarked, “that -they found more trouble with a sober fool than a drunk one.” - -During the progress of this wholesale butchery, Burke and M‘Dougal -removed from Hare’s, or as it was more commonly called Mrs. Log’s -house, to that of a relation or connection of theirs, named Broggan, -the father of the witness of that name. We cannot determine whether -there had really occurred such a quarrel between Hare and them as to -induce them to separate in disgust, as has been asserted, or whether -it was imagined that another establishment would furnish additional -opportunities for accomplishing their designs; but if a disagreement -actually did take place, it had been of short continuance, and their -operations appear to have suffered no interruption in consequence. -It has been already stated, that Broggan’s house presented admirable -capabilities for carrying on the work, provided the inmates could be -relied upon, but as it only consisted of one small apartment, this was -indispensable. There was also the dark passage, furnishing a place of -retreat for the women, when that should be considered convenient. - -Previously to occupying their new lodgings, however, they seem to have -spent a short time in Constantine Burke’s house in the Canongate, as -they were residing there when Paterson and Brown were enticed into -it in April. Soon after Whitsunday they removed to Broggan’s house, -and not long after commenced using it for the purpose that Hare’s had -been formerly applied to. A decent woman, the widow of a porter, named -Ostler, who lived in the Grassmarket, and who had died shortly before, -was the first victim in it. She gained her living in an industrious -laborious way, mainly by washing and dressing, and eked it out by any -sort of work she might be employed in, and during harvest engaged in -country work. She had been accustomed to frequent Broggan’s house in -her vocation of a washer-woman, and was well known to the neighbours -from her long residence about the neighbourhood, and from her often -coming to Mrs. Law’s, where she got her clothes mangled. One day she -was observed to enter Broggan’s house, and was noticed afterwards -singing “Sweet Home” in company with Burke. This was the last time that -she was seen. After having been persuaded to drink, she was dealt with -in the usual manner. - -Those who lived in the neighbourhood cannot divest themselves of -the idea that Broggan, or at least his wife, was cognizant of this -affair. Their characters were not good, he being a rude, brutal and -drunken personage, who made the place the scene of a continued series -of brawls; his wife also was not held in good estimation. The time -of the murder, they argue is pretty well ascertained by the fact of -Mrs. Ostler’s having been known to enter the house, and never seen to -depart, and her disappearance from her usual places of resort, as well -as Mrs. Law’s mangle, a place which her occupation required her often -to visit; and it is alleged, that at that period, though Broggan might -be out of the house, his wife could not, as she had lain in about the -time. It is but justice, however, towards the Broggans to state, that -Burke has never implicated them in any knowledge of his nefarious -proceedings, and in this particular case, he says, that the accouchment -had taken place some time before the murder, and that Mrs. Broggan, as -well as her husband, was absent from the house at the time. - -Some time after Burke’s coming as a lodger to this house, he became -the sole occupier. Broggan had been unable to pay his rent at -Martinmas, and Burke and Hare, who were cautioners for it, were under -the necessity of satisfying the landlord. Broggan immediately after -this decamped with his family, though it could not be to evade the -landlord’s claim, or from inability to meet it, as we have seen that -the rent was already paid by his sureties. He left Burke in undisturbed -possession of the house, and furniture. - -After his removal, it might have been supposed that no inmate -would have been admitted whose presence could possibly prevent the -accomplishment of their designs; yet with strange inconsistency they -shortly after invited Gray and his wife to lodge with them. It could -scarcely have been with the hope of mastering them, as Gray appears -too stout a man to have been attempted single-handed, even by both of -the villains, and the notion of his being an accomplice is equally -out of the question. It is true that when a “_a shot_,” as their -abominable cant termed it, was obtained, they were sent out of the -way, but this must have been inconvenient, and after being felt so, -it is probable that they would not have occupied their lodgings long. -The girl that Hare murdered, when Burke was absent in the country, -completes the number of sixteen; and this, according to Burke’s -confession, makes up the whole number. The amount is sufficiently -horrifying, and the details abundantly fearful. - -The account of the trial, furnishes ample details of the murder of -Margery Campbell, or Docherty. It was the last committed, and afforded -the means of detecting and putting an end to their wicked career. It is -fearful to contemplate to what lengths it might otherwise have gone, or -how long it might have continued. - -To the notices which have been given, we may subjoin a list of the -whole; and although, as we have already premised, we cannot vouch for -the order in which they happened being strictly observed, we believe -that it will be found otherwise perfectly accurate. - - The first subject sold was, - The pensioner who died a natural death. - - The murders were, - The old woman from Gilmerton. - The English pedlar. - The old man Joe the miller. - Mary Haldane. - Her daughter. - The old Irishwoman. - Her grandson. - The Cinder Gatherer. - The old woman taken out of the police officer’s hands. - Mary Paterson. - The woman from the country. - The girl M‘Dougal. - Mrs. Ostler, the washer-woman. - Daft Jamie. - The woman Campbell, or Docherty. - The girl murdered by Hare alone. - -Of these, nine were murdered in Hare’s house, and two in the cellar -adjoining to it, which was used by him as a stable. Four or five of -them were effected in what was first Broggan’s, and afterwards Burke’s -house, and one in Constantine Burke’s, in Gibb’s Close. - -We have frequently had occasion to advert to the insinuating manners, -and mild deportment of Burke; and the same character attended him in -his last place of residence in the West Port: Though seldom occupied -at work, and almost continually drinking, he was still considered a -quiet inoffensive man. The frequent squabbles that took place between -M‘Dougal and he, and the beastly orgies of Hare and his wife, did not -change the opinion of their neighbours. His character rather stood -out favourably, when contrasted with his associates; and a scuffle -in the family of Irish people of his rank, is not such an uncommon -occurrence, as to excite much attention. Indeed, so little was this -regarded, that the cries of murder, on the night in which Campbell was -suffocated, were passed over with this single remark by one of their -near neighbours, that “Nelly would surely be murdered to-night, as she -was making such a noise;” but without any idea that there was any thing -more serious than usual going on. - -On ordinary occasions, if he chanced to meet any person in the passage -when intoxicated, he would pass on with the observation of, “I am fou -to-night; but I will not disturb you.” - -His fondness for music has been formerly noticed, and this -distinguished him to the last. It was his practice to engage some -wandering minstrel--a young Savoyard, or Italian boy who plays -about the streets on a hurdy-gurdy most frequently, and with his -assistance to get up in his house a concert and dance among the -children that could be collected about the neighbourhood; and such was -his popularity, that his assemblies were generally well attended. He -appears to have displayed considerable affection towards children, and -to have secured their good will by joining them in such harmless sports -as these dancing parties. Those who were too young to participate in -the amusements were propitiated by gifts of sweetmeats, &c. - -Many anxious mothers have found out since the trial, that their -children were objects of regard to the murderer Burke; and in the -plenitude of their parental affection, have congratulated themselves -upon their escape from his clutches. Nothing could now convince them -that a plot was not laid to kidnap their beloved offspring, and that -if he had not been detected, they would ere this time have furnished -subjects for dissection. Burke, however, alleges that he never meddled -with children, and never intended to do so. There is little room to -doubt, however, that had the supply of full-grown and higher priced -victims failed, he would not have scrupled much to betake himself to -younger ones; we cannot allow any tenderness of feeling to one who -could go on butchering so unconcernedly and for such a length of time. -He states, indeed, that he would have abandoned it long before, had -it not been for the enticements of the monster Hare, who, whenever -he proposed stopping short, incited him on by threats and fresh -temptations; but although Hare may have been, and, we believe, was the -greater delinquent of the two, if any distinction can be made, still -Burke must be allowed to have possessed free-agency enough to have -withdrawn himself, or even to have arrested the progress of his partner -when he pleased, and we fear that this excuse will scarcely serve to -palliate his conduct. He was all the time a sharer in the unhallowed -gains, and an active co-operator, and seems to have prowled about as -ruthlessly in search of miserable wretches to practise upon, as if no -feeling of remorse ever entered his mind. - -He has even stated, that Hare and he intended taking a journey in -the way of their business next spring, they were to proceed westward -from Edinburgh, and after visiting the intermediate places, travel on -to Glasgow, where they expected to find a rich harvest. They were to -proceed thence to Belfast, by way of Greenock, which was also to be -attempted on the route, and after doing what they could in the north -of Ireland, were to journey on to Dublin. They had little fear about -making a successful speculation; and in all probability, with such a -fine field before them, they would not have been disappointed. - -It is evident from all this that a year’s impunity had produced the -effect of making them consider themselves as engaged in a species -of profession which had indeed, like illicit distillation, or any -contraband traffic, to be concealed from the authorities, but which, -except for this annoying accompaniment, was pursued with nearly as -little compunction as any other profession would have been; and -after some practice, they must have found it a lucrative one. The -commencement was made in December 1827, about Christmas it is stated, -and the woman Docherty was murdered on the 31st October 1828. Their -bargain was to receive eight pounds for each subject during the -summer season, and ten pounds in the winter. While novices in the -profession, in the course of ten months they had massacred sixteen -individuals, which must have produced about one hundred and fifty -pounds, or seventy-five pounds to each, without counting the price of -the first subject; no small sum for persons in their condition. Their -evil-got gains seem, however, to have departed as readily as they came, -and all that either of them possessed when arrested, was about two -pounds received on the same day as part of the price of the corpse of -Campbell. Burke’s money was upon his person, and Hare’s was hid under -the door of his inner closet, where it was got and delivered to him in -the jail. - -Upon the evening of the day on which the body of Docherty was detected -lying among the straw, and before the neighbours were apprised of it, -Hare was discovered lurking in the stair leading to Burke’s room, -about the time when the body was to be conveyed away, and upon being -questioned as to who he was, and what induced him to lounge about in -that manner, he replied that he was waiting for William Burke. By this -time he was recognised, and as he was an universal object of dislike, -was desired to go away. Mrs. Connoway adding, “that he would frighten -the _lasses_ from coming to Mrs. Law’s mangle.” Some time after -he was still found loitering along the passage, and again interrogated -about his remaining so long. This time he took an effectual mode of -relieving himself from his troublesome inquirers by commencing to retch -and vomit. Mrs. Law shut her door violently in his face, exclaiming, -“what an ill-bred fellow,” and Mrs. Connoway also followed her example. -This was apparently the signal they waited for, and immediately -afterwards M‘Culloch the porter carried out the tea-chest containing -the body. - -When the alarm was given by Gray and his wife that a dead body had -been seen in the house, and that it was now removed, a great sensation -was naturally created, and people flocked about the place; none of -the suspected individuals, however, could be found, and the police -officers, who by this time had been informed of it, and had visited -the house, left the place in search of them, and the tumult in some -degree subsided. After a short while, Burke and M‘Dougal were heard -coming down the stair and along the passage. By this time they must -have been aware of the discovery, as M‘Dougal had been informed by the -Grays of their suspicions, and had made an unsuccessful attempt to -tamper with them; yet there was no flurry nor precipitation perceptible -in their manner, and, instead of proceeding directly into their -apartment, M‘Dougal observed, “I have a candle but no light,” and -entered Connoway’s house to procure one, as if there was nothing wrong. -Burke leaned unconcernedly against the door-post, without speaking -until Connoway said, “We have been speaking about you William;” he -then replied, indifferently, “That he hoped they had not been speaking -ill of him;” and upon Connoway’s answering that “It was not good they -had to speak about him,” he inquired, “What ill they had to say?” -After being informed that it was about a body that had been found, he -affected to make light of the affair, under the pretence that it was -one of their old stories about lifting the dead. He was then informed -that it was not such a surmise now, but that he was suspected of -murdering the little old woman with whom they all were so happy the -night before, and that the police were after him. He replied with more -asperity, “That he defied all the country to prove any thing against -him; that he had not been long about these doors, and this was the -second time such a story had been raised upon him.” Mrs. Connoway -remarked, that she had heard of his being a resurrection man, but never -had known of any murder being laid to his charge. - -He entered into an explanation of his meaning, which as much as any -thing else tends to show the cool designing nature of the man. “Do -you recollect the old woman that came from the country?” he said, -describing an elderly woman who had been introduced as a country -friend of M‘Dougal, and had lived with them for three or four days -some time before. Mrs. Connoway answered, “That she did.” “Then do you -recollect,” he rejoined, “her coming in to you and shaking hands, and -bidding you farewell?” Mrs. Connoway replied, “That she remembered it -perfectly well.” “I made her come in and do so on purpose,” he added, -“as Broggan told me that you said I had murdered her.” Whether Broggan -had actually said so, or whether Burke had devised this blind to screen -him when another occasion required it, we cannot say, but Mrs. Connoway -had never heard of the circumstance before. The officers immediately -after this colloquy entered, and seized the culprits. They were -conveyed to the police office, and after examination by the sheriff, -were transferred to the Calton Hill Jail, and placed among the untried -prisoners. Burke’s conduct before trial was decorous, and corresponded -with what has been previously said of him. His behaviour during the -trial, and immediately after it, has also been described, and little -remains to be added, save some short account of his demeanour since -conviction. - -On the first morning after his removal from the Lock-up-house to -the condemned cell, which, in the Calton Jail, is under the women’s -cells, and adjoining the stair which leads to them, he mentioned to -the jailor who attended him, that he had heard a woman lamenting, and -inquired if it would be Hare’s wife. He was informed that it could not -be she, as she was confined in a distant part of the house. He asked, -if there were any women in the same quarter, for he was sure that it -was a woman he heard mourning. The jailor then told him that it must -have been his own wife, who was kept among the women for protection. -“Is the place convenient,” he said. The jailor answered, “That it was -quite near.” “Poor thing,” he relied, “she has lost her only earthly -provider.” On the evening before M‘Dougal left Edinburgh, she called at -the jail with Constantine Burke, both requesting to see Burke, and upon -this being denied them, M‘Dougal sent a message, informing him that she -wanted money. He sent all that remained of his money, and a common old -watch, to her. He has since expressed great affection for her, and a -strong desire to see her before he suffers. - -Shortly after he came to the jail, it was observed by some one that he -would receive absolution from the priest, which would make all right. -He answered in a serious tone, “that there was only one absolution for -sin, and that it had already been made.” Any account of the spiritual -conversion of a great criminal has frequently been complained of by -many, under the supposition that it has a tendency to encourage sinners -to continue in their iniquity, in the hope that a tardy repentance -may place them in a state of grace at last. We question much the -justice of their conclusions. Men engaged in a career of crime do not -reason in this way, nor reason at all upon the subject; and, though -they did, it would require great hardihood in a fellow-sinner to -endeavour to deprive them of “the hope set before them in the Gospel.” -Though we certainly do not imagine that these objectors would for a -moment contemplate fettering the operation of the Spirit. We, at the -same time, hold the opinion, that the utmost caution should be used -in promulgating such accounts, and that the state of mind of the -individual should be thoroughly sifted and rigidly inquired into -before a conversion be announced. It is with some pain, therefore, that -we have heard it given forth that Burke has become a true penitent. -Happy should we have been had we been enabled to proclaim that “the -wicked had forsaken his ways, and the unrighteous man his thoughts,” -and glad should we still be to learn that it was so; but truth compels -us to state, that no symptom has hitherto occurred to warrant such -a conclusion. We know well that he has expressed contrition for his -misdeeds, but we fear that it is rather sorrow for punishment having -overtaken him, than a sense of the magnitude of his sin against God; -and as for saying that he has sinned, a man who has committed fifteen -cold-blooded murders, if he speaks on the subject at all, can scarcely -say any thing else. He is said to be perfectly resigned to his fate, -and to express himself quite calmly on the subject. We believe it -all. He is a man of that stamp that would resolutely bring himself to -suffer calmly what he could not avoid. As to his announcing that he -would not now accept of pardon though it was offered to him, it appears -to us to be a mere fiction. We would not wish to speak irreverently -upon such a solemn subject, but surely we may be allowed to say, that -conversion to the faith of the Gospel, and to a firm belief in the -truths of Christianity, does not and ought not to bring along with it -a predilection for being hanged; that while it alone prepares a man -for death, it also capacitates him for worthily continuing in life. -We fear if Burke has made use of such an expression, it can only be -accounted for by wrong-headedness or hypocrisy. He must know well that -a pardon is not likely to be granted, and if it were, that his consent -would not be asked; and any observations upon the subject may therefore -be spared. We repeat that we shall be happy to be assured that we are -mistaken in the view we have taken of his state, but there is much -fear that though a melancholy it is a just one. - -Since his conviction he has been very strictly watched, lest he should -find means to destroy himself, though he has never shown the slightest -inclination to do so. A man sits with him night and day, and to those -engaged in this duty, as well as others who are necessarily employed -about him, he has been very communicative and garrulous. - -As illustrative of the freedom with which he converses with those who -are about him, we may mention an instance which, were it not for the -melancholy and awful situation in which he is placed--standing on the -brink of eternity--would bear an irresistibly ludicrous aspect. His -mind seemed to have been engaged in a train of reasoning upon some -subject, and at last he gave vent to it by saying, that he thought he -was entitled to, and ought to get, the five pounds from Dr. Knox, which -was still unpaid, on the body of the woman Docherty. It was observed -to him, that Dr. Knox had lost by the transaction, as the body was -taken from him. He replied, “That was not my business: I delivered the -subject, and he ought to have kept it.” It was then said to him, that -if the money was paid, Hare ought to get half of it. He pondered a -little upon this view, and then answered, “No; that Hare had cleared -himself by becoming king’s evidence, and he thought that he had justly -forfeited his share of it, and that all the five pounds should go to -him.” It turned out that his anxiety for the five pounds proceeded -from a desire to appear in a reputable manner on the scaffold. “Since -I am to appear before the public,” he said, “I should like to be -respectable. I have got a tolerable pair of trousers, but have not a -coat and waistcoat that I can appear in; and if I get the five pounds -I would buy them.” Though it is not likely that he will receive the -money, his wish will be gratified in respect to the clothes,--a topic -which he has frequently adverted to. We understand that the priest who -attends him has provided him with what he desires; and if he had not -done so, the Magistrates would have supplied the want. - -His disease has now got worse, and gives him great uneasiness. In -consequence of the surgeon’s request some change has been made on his -food, and in addition to the meagre diet formerly hinted at, a little -soup has been allowed him daily. This day, (Tuesday) he will receive -the sacrament according to the rites of the Romish church. He was -removed to the Lock-up-house previous to the awful ceremonial of a -public execution, at five o’clock this morning. - -Since his condemnation, all intercourse with him has been strictly -prohibited, except by those whose duties required their attendance, or -the authorities who might wish to see him upon public business; or, -finally, those who had, from their situation, the privilege of the -_entrée_, and could extend the same privilege to a few of their -immediate friends; but, with the exception of their visits, they seem -to have been actuated by the laudable desire, that the unhappy man -should not be annoyed from motives of curiosity, and the public has -been rigidly excluded. Still a sufficient number found their way into -his cell, to harass and tease him about confessions; and to be rid -of the annoyance, as it is stated, he addressed a letter to the Lord -Provost, requesting that a professional gentleman, whom he named, might -be allowed access to him, for the purpose of, once for all, giving -through him an authenticated confession, which might satisfy the public -mind. - -The public authorities appear all along to have been actuated by a -decided reluctance to disclose to the public any thing connected with -these transactions beyond what must necessarily appear on the regular -trials; and in doing so, we have no doubt have been anxious to secure -to official persons the exclusive knowledge of such circumstances -as might be necessary for the ends of justice, as well as, in their -opinion, to prevent the public mind being unnecessarily excited. - - - - - TOWN-COUNCIL OF EDINBURGH, WEDNESDAY, JAN. 21. - -The Lord Provost stated to the Council, that they were perhaps aware -that a written application had been made to him, _signed_ -by Burke, the individual at present under sentence of death, for -permission to be visited by a Writer in town, to whom he was desirous -of making some disclosures regarding the crimes with which he had been -connected, and that, acting upon the advice of the Lord Advocate, he -had deemed it right to refuse the application in question.--That advice -had been given by the Lord Advocate in a letter, which, of course, was -not written with the view of publication; but as much misrepresentation -had gone abroad regarding the matter, the Lord Provost deemed it right -that the letter should be laid before the public, that they might know -the true grounds on which the request had been refused. His Lordship -further stated, that he had waited upon Burke, and explained to him -the reason for refusing access to the individual whom he had mentioned -in his letter, and by whom that letter was written, though it was -certainly signed by Burke--when the unfortunate man mentioned to the -Lord Provost, that he was perfectly indifferent as to the matter, and -that he did not conceive that the narrative of his life, which the -person already mentioned had wished to prepare for publication, was of -a nature calculated to interest any one. The Lord Advocate’s letter is -of the following tenor:-- - - “_Edinburgh, January 15, 1829._ - - “MY LORD PROVOST--I had the honour to receive your Lordship’s - letter of yesterday’s date, transmitting a communication to you - from William Burke, which is herewith returned. - - “Your Lordship is perhaps not aware that, on the 3d instant, - Burke intimated to the Sheriff, through the Governor of the - Jail, that being harassed by inquiries, he wished once for - all to make a full confession of every thing he could say in - regard to the atrocious transactions in which he had been - engaged, to the end that he might afterwards be allowed to - remain undisturbed, and apply his mind to things fitted to his - situation. In consequence of this communication, the Sheriff, on - that same day, repaired to the jail, and took from Burke a full - and voluntary confession, which was drawn up in the shape of a - declaration, consisting of 19 pages. This declaration is now - in my possession, and I sometime ago sent a copy of it to the - Secretary of State. - - “It appears to me of importance both to the individual himself, - and to the public, that no second statement, which might be - contradictory of, or inconsistent with, the first, (so solemnly - and deliberately given) ought now to be impetrated from this - man by irresponsible parties, with the avowed object of its - publication; and that the proper answer for your Lordship in - return is, that Burke having himself most properly already - selected such a mode of making his confession as was best - calculated to secure its accuracy, and to render it truly - authentic, no deviation from that mode of proceeding can now be - sanctioned; but that the Sheriff will wait upon Burke, for the - purpose of reading over to him the confession made on the 3d - current, and that that magistrate will then take down whatever - additions or alterations Burke may desire to have made upon it.” - - “I have the honour, &c. - (Signed) “WM. RAE.” - “Right Honourable the Lord Provost - of Edinburgh, &c. &c. &c.” - -It is difficult, however, to see how “it is of importance to the -individual himself, and to the public, that no second statement, which -might be contradictory of, or inconsistent with, the first,” should be -given. To us it seems of great importance, that all he is willing to -confess ought to be received and given to the public. So far from his -wishing to remain undisturbed, it is at his own request conveyed in a -letter, signed with his name, that that permission for the gentleman -to visit him was asked; and his second statement could only be -important, in as much as it differed from the one previously given to -the Sheriff. It could only be with a view of giving a fuller account, -and more minute in its details, that he was desirous of being troubled -further in the matter. It is not an impossible supposition, that the -declaration the Sheriff received is altogether a tissue of lies; and -is the immaculacy of it still to be upheld, and all correction denied, -because it would be contradictory of, or inconsistent with, the former -document? Neither does it seem to us, that the avowed object of its -publication makes any difference. It is only in as far as this object -is concerned that the public cares a straw upon the subject. And if the -Sheriff’s document is not intended to be immediately published, but -is to be shut up in the archives of his office, until some future Sir -Walter Scott grubs it out, and weaves for other generations a romance -of thrilling interest out of the horrifying confessions of Burke, the -public perhaps would have been as well pleased had all this official -activity been spared. - -We cannot believe that these very respectable functionaries can feel -in common with those who use the silly cant, that the public mind may -be contaminated by an account of his crime. The public mind has been, -and is strongly excited. Some information the public requires, and will -get, and it surely is better to have a correct and authentic statement -than garbled and exaggerated reports. Were it a detail of the clever -tricks of an ingenious and adroit rogue, there might be some colour -for the above opinion; but no one is likely to be so enraptured with -Burke’s narrative as to engage in such a revolting trade in imitation -of him. - -But while their Lordships have been deliberating upon this subject, and -ultimately resolving that he should not be allowed to give an account -to any but themselves, the poor man has been confessing all the time; -and it is well known that several have had access to him, whose mouths -cannot be stopped, and whose pens have not been idle. We are assured -that not one, but several “authentic confessions of Burke” will be made -public; and we have reason to know, that a duly authenticated one will -appear, whether the Lord Advocate’s be published or not. Whatever is -interesting, our readers may rely upon receiving. - -For the present, with the exception of the following “confessions” -which first appeared in the Caledonian Mercury, and which, we are -assured, are perfectly authentic, we will leave the unfortunate man -until the last act in the singular drama of his life closes. - - - - - CONFESSIONS OF BURKE. - -The information from which the following article is drawn up, we have -received from a most respectable quarter, and its perfect correctness -in all respects may be confidently relied on. In truth, it is as nearly -as possible a strict report, rather than the substance, of what passed -at an interview with Burke; in the course of which the unhappy man -appears to have opened his mind without reserve, and to have given a -distinct and explicit answer to every question which was put to him -relative to his connection with the late murders. - -After some conversation of a religious nature, in the course of which -Burke stated that, while in Ireland, his mind was under the influence -of religious impressions, and that he was accustomed to read his -catechism and his prayer-book, and to attend to his duties, he was -asked, “How comes it, then, that you who, by your own account, were -once under the influence of religious impressions, ever formed the idea -of such dreadful atrocities, of such cold-blooded, systematic murders, -as you admit you have been engaged in--how came such a conception -to enter your mind?” To this Burke replied, that he did not exactly -know; but that becoming addicted to drink, living in open adultery, -and associating continually with the most abandoned characters, he -gradually became hardened. - -He was then asked, how long he had been engaged in this murderous -traffic. To which he answered, “From Christmas 1827 till the murder -of the woman Docherty in October last.” “How many persons have you -murdered, or been concerned in murdering, during that time? Were they -thirty in all?” “Not so many; not so many, I assure you.” “How many?” -He answered the question; but the answer was, for a reason perfectly -satisfactory, not communicated to us, and reserved for a different -quarter. - -“Had you any accomplices?” “None but Hare. We always took care, when we -were going to commit a murder, that no one else should be present--that -no one could swear he saw the deed done. The women might suspect what -we were about, but we always put them out of the way when we were going -to do it. They never saw us commit any of the murders. One of the -murders was done in Broggan’s house, while he was out, but before he -returned the thing was finished, and the body put into a box. Broggan -evidently suspected something, for he appeared much agitated, and -entreated us ‘to take away that box,’ which we accordingly did. But he -was not in any way concerned in it. - -“You have already told me that you were engaged in these atrocities -from Christmas 1827 till the end of October 1828; were you associated -with Hare during all that time?” “Yes. We began with selling to Dr. ---- -the body of a woman[4] who had died a natural death in Hare’s house. We -got ten pounds for it. After this we began the murders, and all the -rest of the bodies we sold to him were murdered.” - -“In what place were these murders generally committed?” “They were -mostly committed in Hare’s house, which was very convenient for the -purpose, as it consisted of a room and a kitchen. Daft Jamie was -murdered there. The story told of this murder is incorrect. Hare began -the struggle with him, and they fell and rolled together on the floor; -then I went to Hare’s assistance, and we at length finished him, -though with much difficulty. I committed one murder in the country -by myself.[5] It was in last harvest. All the rest were done in -conjunction with Hare.” - -“By what means were these fearful atrocities perpetrated?” “By -suffocation. We made the persons drunk, and then suffocated them by -holding the nostrils and mouth, and getting on the body. Sometimes I -held the mouth and nose, while Hare went upon the body; and sometimes -Hare held the mouth and nose, while I placed myself on the body. Hare -has perjured himself by what he said at the trial about the murder of -Docherty. He did not sit by while I did it, as he says. He was on the -body assisting me with all his might, while I held the nostrils and -mouth with one hand, choked her under the throat with the other. We -sometimes used a pillow, but did not in this case.” - -“Now, Burke, answer me this question--Were you tutored and instructed, -or did you receive hints from any one as to the mode of committing -murder?” “No, except from Hare. We often spoke about it, and we agreed -that suffocation was the best way. Hare said so, and I agreed with -him. We generally did it by suffocation.” [Our informant omitted to -interrogate him about the surgical instruments stated to have been -found in his house; but this omission will be supplied.] - -“Did you receive any encouragement to commit or persevere in committing -these atrocities?” “Yes; we were frequently told by Paterson that he -would take as many bodies as we could get for him. When we got one, he -always told us to get more. There was commonly another person with him -of the name of Falconer. They generally pressed us to get more bodies -for them.” - -“To whom were the bodies so murdered sold?” “To Dr. ----. We took the -bodies to his rooms in ---- ----, and then went to his house to receive -the money for them. Sometimes he paid us himself; sometimes we were -paid by his assistants. No questions were ever asked as to the mode in -which we had come by the bodies. We had nothing to do but to leave a -body at the rooms, and go get the money.” - -“Did you ever, upon any occasion, sell a body or bodies to any other -lecturer in this place?” “Never. We knew no other.” - -“You have been a resurrectionist (as it is called) I understand?” “No. -Neither Hare nor myself ever got a body from a churchyard. All we sold -were murdered save the first one, which was that of the woman (man) -who died a natural death in Hare’s house. We began with that: our -crimes then commenced. The victims we selected were generally elderly -persons. They could be more easily disposed of than persons in the -vigour of health.” - -Such are the disclosures which this wretched man has made, under -circumstances which can scarcely fail to give them weight with the -public. Before a question was put to him concerning the crimes he -had been engaged in, he was solemnly reminded of the duty incumbent -upon him, situated as he is, to banish from his mind every feeling of -animosity towards Hare, on account of the evidence which the latter -gave at the trial; he was told, that, as a dying man, covered with -guilt, and without hope, except in the infinite mercy of Almighty God, -through our blessed Redeemer, the Lord Jesus Christ, he, who stood -so much in need of forgiveness, must prepare himself to seek it by -forgiving from his heart all who had done him wrong; and he was most -emphatically adjured to speak the truth, and nothing but the truth, -without any attempt either to palliate his own iniquities, or to -implicate Hare more deeply than the facts warranted. Thus admonished, -and thus warned, he answered the several interrogatories in the terms -above stated; declaring, at the same time, upon the word of a dying -man, that every thing he had said was true, and that he had in no -respect exaggerated or extenuated any thing, either from a desire to -exculpate Hare, or to spare any one else. The unhappy man is, moreover, -perfectly penitent, and resigned to his fate. He never deluded himself -with any hopes of escape or of mercy; and he is now accordingly -preparing himself for confession, and for receiving absolution, by a -perusal of such books as his spiritual guides have put into his hands, -and by listening with the most devout attention to their religious -instructions. He fully acknowledges the justice of his sentence; nay, -he considers it in some measure as a blessing, the certainty of his -approaching fate having brought back his mind to a sense of religion, -from which it had been long estranged. At first he expressed deep -regret that Hare, whose guilt he conceives as of a still deeper dye -than his own, should have escaped the vengeance of the law; but by -the exertions of his spiritual monitors, who have been indefatigable -in their efforts to impress him with a strong sense of the dreadful -enormity of his own guilt, as well as to bring him to a right frame and -temper of mind, he no longer gives expression to such feelings, and -now only breathes a wish to die at peace with all mankind. As often as -the subject of the late trial is mentioned, however, he never fails to -assert that Hare perjured himself in the account he gave of the murder -of the woman; repeating the statement we have already given, that, so -far from sitting by, a cool and unconcerned spectator of the crime, -Hare actively assisted in the commission of it, and was upon the body -of the woman co-operating with himself in his efforts to strangle her. - - - - - PREPARATIONS FOR THE EXECUTION. - -We are now drawing near a termination of the earthly career of the -wretched man who has lately occupied so large a place in the public -mind. At the time that his atrocities were first brought to light, a -deep and general sensation of horror and astonishment was produced. -The fresh disclosure of new crimes which were announced from day to -day, kept alive this feeling, until at last it was wound up to a pitch -of interest which can scarcely be imagined. All classes seemed actuated -by a common feeling of indignation against the ruffians who could -perpetrate such enormities; while the disappointment of the public, -that the vengeance of the law had hitherto overtaken only one of the -murderous gang, was strongly expressed. There was manifested, at the -same time, great satisfaction that one at least of the miscreants had -not also escaped his merited fate; and, as the time appointed for his -execution drew near, an universal interest was exhibited to learn the -progress of the preparations, and the state of mind of the unhappy -man. The magistrates and authorities, however, seem purposely to have -adopted a line of conduct calculated directly to disappoint the very -natural anxiety so unequivocally exhibited; and up to the moment when -he appeared on the scaffold, all knowledge of what was passing was -withheld, and all access to the condemned cell or to the Lock-up-house -denied; while those, whose duty required that they should be brought -in contact with Burke, were repeatedly cautioned against divulging -such intelligence as their situation might enable them to obtain. So -rigidly was this injunction enforced, that one of the turnkeys in the -Calton-hill jail, an individual who was very generally respected in his -station, and who, we believe, heretofore conducted himself with much -propriety, has, notwithstanding his previous character, been dismissed -for revealing some of the secrets of the prison-house. - -In despite, however, of all this well-preserved mystery, some -particulars of the last hours of the doomed man have transpired, and -we now are enabled to lay before our readers an account, as complete -as it can be made, of the awful ceremony which terminated his mortal -existence. - - - - - REMOVAL TO THE LOCK-UP-HOUSE. - -At four o’clock on the morning of Tuesday the 27th, (the day previous -to that appointed for the execution), Burke was taken off the _gad_, -and conveyed in a coach from the Calton-hill Jail to the Lock-up-house -in Libberton’s Wynd. The time was purposely fixed at this unusual -hour to prevent any annoyance from the crowd, which would undoubtedly -have assembled had it been delayed to a later time of the day. From -this cause, the only persons present, and indeed the only individuals -acquainted with it, except the coachman, were Captain Rose and one of -his assistants. The criminal was strongly ironed, and secured with -shackles of unusual magnitude and strength. - -He maintained on this trying occasion, both immediately before leaving -the jail, and during the time he was in the coach, the same composure -of mind which he has displayed ever since his conviction. - -On reaching the Lock-up-house, he was supported into it in a state of -extreme exhaustion; so much so, as to lead some who witnessed it to -imagine that the gallows might still lose its deserved victim, by his -death taking place before the next morning. - -In the course of the last day of his existence, his composure -or insensibility still continued unshaken, excepting when the -dead-clothes, a suit of sables, were presented to him. On receiving -them he exhibited deep emotion, and by his own confession he felt it. -We have mentioned before that his thoughts had been frequently occupied -about the dress he was to appear in. He remained perfectly unmoved, -with the exception of this transient indication, throughout the rest of -the day. In the course of the day, he was visited by the Rev. Messrs. -Reid and Stewart, Catholic priests, and the Rev. Mr. Marshall, whom -he requested to attend him to the scaffold, as well as the Rev. Mr. -Porteous, which he promised to do. He said to those in attendance -that he had committed no more murders than those which were comprised -in the declaration he made to the sheriff since his conviction. For -two or three nights previously, he had enjoyed sound sleep, and it is -extraordinary that such was his state of dogged tranquillity, that his -rest was sound and unbroken, for five hours, from Tuesday night to -Wednesday morning. This, we believe, has however been observed to be -frequently the case with criminals on the evening previous to execution. - -At length, he manifested some impatience for the arrival of the time -when he was to leave this world. In the course of the night, he said -with much apparent earnestness, “Oh that the hour were come which -is to separate me from the world!” About half-past five o’clock on -Wednesday morning, he expressed a desire to be relieved from his -chains, complaining much of the weight of them. This desire was readily -complied with. He held out his leg to the smith employed to perform -this service, and when the fetters fell from his limbs, he exclaimed, -turning up his eyes towards Heaven, “So may all earthly chains fall -from me!” - -About half-past six o’clock, the two Catholic clergymen (the Rev. -Messrs. Reid and Stewart) entered the Lock-up-house: The former -immediately waited upon the criminal in his cell, and was absent for a -considerable time with him. - -At seven Burke walked with a firm step into the keeper’s room, followed -by his confessor; and at this moment no appearance of agitation or -dismay was discernible in his countenance or manner. He took his -seat on an arm chair at the side of the fire, and twice or thrice he -was remarked to sigh heavily. There were present at the time Bailies -Child, Crichton, and Small, and one or two official persons besides; -who were shortly afterwards joined by the Reverend Mr. Marshall and -Mr. Porteous, chaplain to the Calton-hill Jail. Before the latter -gentleman arrived, however, Burke and his spiritual assistants of the -Catholic persuasion had commenced their devotions; he engaged in them -with much apparent fervour. The Reverend Messrs. Reid and Stewart -followed up their prayers with some serious exhortations. In the course -of these devout and pious admonitions, Mr. Reid used the words, “You -must trust in the mercy of God;” upon which the unhappy wretch heaved -a long, deep-drawn suspiration, or rather suppressed groan, which too -plainly betrayed the anguish and despair that lurked about his heart. -He seemed to have a secret feeling that he was too deeply sunk in -crime to be entitled even to hope in the infinite mercy of Heaven: his -mind acknowledged the truth of the observation, while his guilty and -perhaps awakened conscience bade him doubt of that mercy being extended -to him. - -What is somewhat singular, he exhibited no emotion on the executioner -making his appearance. After this portion of his religious exercises -had been gone through, he was on his way to an adjoining apartment, -when he was accidently met by Williams, who stopped him rather -officiously; upon which he said, “I am not ready for you yet.” The -executioner followed him, and in a very short time both returned, Burke -with his arms tightly pinioned behind his back, but without any change -in his demeanour. While Williams was discharging this part of his duty, -no conversation took place; indeed he rather appeared disinclined to -hold conversation with any. - -He was then invited to take a glass of wine, which he accepted of, -and before putting it to his lips, bowing to the company, he drank -“Farewell to all present, and the rest of his friends.” He then entered -into conversation for a few minutes with Mr. Marshall and Mr. Porteous -upon religious subjects. The Magistrates, Bailies Crichton and Small, -who had previously gone out, now appeared in their robes, with their -rods of office, and Burke took the opportunity, before he went forth -to meet his doom, of expressing his gratitude to the Magistrates -generally, and particularly to Bailie Small, for the kindness he had -experienced from them, as well as from all the public authorities. He -likewise made similar acknowledgments to Mr. Rose, the Governor of -the Calton-hill Jail, Mr. Fisher, the Deputy-Governor, and Mr. and -Mrs. Christie, who have the charge of the Lock-up-house, for their -unremitting and kind attentions. - -Precisely at eight o’clock, Burke was upon his feet, as if eager to -have the ceremony proceeded in, and immediately after the melancholy -procession began to move towards the scaffold. He was supported by the -two Catholic priests, more from the difficulty of walking, owing to -the circumstance of his arms being pinioned than from any inability, -or any faltering in his steps. When proceeding up Libberton’s Wynd, he -seemed perfectly cool and self-possessed, turning from side to side, -and conversing with the Rev. Messrs. Reid and Stewart, and the Rev. Mr. -Marshall. In crossing from the Lock-up-house to the postern entrance in -Libberton’s Wynd, to where the pathway was wet from the rain and thaw -of the morning, he was observed picking his steps with the greatest -care. When he arrived at the head of Libberton’s Wynd, his face had -an expression of wistfulness and anxiety, as if he were uneasy and -uncertain of his reception from the mob, and he hurried on with his -eyes half closed, eager apparently to bring the fatal scene to a speedy -close. - - - - - OCCURRENCES ON THE STREET. - -We will now advert to what was passing in the mean time out of doors. -Here fortunately no individual “dressed in a little brief authority” -could interfere, to prevent all the circumstances from being transacted -under the public eye, or from the press, causing the knowledge of them -to be widely extended far beyond even the countless multitudes who -thronged and blocked up the High Street. - -On Tuesday many anxious spectators were collected near the -ordinary place of execution at the head of Libberton’s Wynd, and -the thoroughfare was kept up, notwithstanding the inclemency of the -weather, during the whole day. The preparations commenced at an early -hour in the forenoon. Holes were dug in the pavement for the reception -of the upright posts, and a space surrounding the place which it was -intended the scaffold should occupy, was enclosed with strong posts -and chains, to prevent the crowd breaking in upon the scaffold. At -ten o’clock on Tuesday night, the ceremony of setting up the scaffold -commenced. Its progress was watched by a great many eager beholders, -although the rain still continued at intervals to pelt upon them. -The din of the workmen and clanging of the hammers were mingled with -the shouts which were raised by the assembled populace, whenever an -important piece of the erection was completed, while the torches used, -shedding a lurid glare on the black apparatus and dusky countenances of -the workmen, added greatly to the wildness and interest of the scene. -When all was finished, and the fatal beam placed transversely upon -the perpendicular one, and its dark outline visible through the dim -light, three tremendous cheers were given. To show the feeling of the -working classes, we may mention, that notwithstanding the reluctance -that is invariably exhibited among the operatives of the carpenter -employed to set up the apparatus for an execution is such, that lots -have to be cast for those workmen in the employment who are to fulfil -the disagreeable task. On this occasion, one and all volunteered their -services, and performed the work with a gusto and alacrity which -would have been astonishing in an ordinary case. It was completed -about two o’clock in the morning, and shortly after that hour the -people dispersed, some few having delayed their departure until they -witnessed the fitting and adjusting of the rope. It was afterwards -removed, and replaced shortly before its services were required. - -Long before this time the closes and stairs near the spot were blocked -up by those who had resolved upon securing a good view, by remaining -all night on the ground. The inclemency of the weather drove them to -any shelter that could be obtained, and morning found them in the -comfortless lairs they had chosen overnight. - -A constant bustle was also kept up by the arrival of those individuals, -who either from favour or for money, had procured the conveniency -of a window in the vicinity. Many gave considerable sums for this -accommodation, and such was their desire to avail themselves of their -good fortune in securing them, that they spent the night in the -apartment. - -The streets were nearly perfectly quiet throughout the morning after -the erection of the gibbet; the heavy and almost incessant rain must -have contributed greatly to prevent any very early assemblage. As the -morning advanced, however, groups were seen hastening to their windows, -or taking their station in as favourable a place as they could fix upon -for properly witnessing the approaching event. - -About five o’clock the people began again to assemble and take their -station, principally in front of the gallows, and above it towards the -Castle Hill, while large parties of policemen and patrole successively -arrived, and were judiciously posted in a strong line in front of the -railing which kept off the crowd. The space left free was larger than -is usually reserved upon such occasions. The Police acted under the -conduct of Captain Stewart and his Lieutenants. Their services were not -in a solitary instance required except it might be to prevent the great -pressure of the vast multitude from bursting the barrier; indeed the -mob were in perfect good humour, and instead of their usual animosity -against the police officers being displayed, in futile attempts to -annoy or retard them in the execution of their duties, one and all of -the immense assemblage would willingly have done any thing in their -power to aid the officers and further the arrangements. - -From six to seven o’clock a great concourse thronged every avenue to -the High Street, and the numbers pouring, almost rushing into it from -every quarter, gave the immediate vicinity a very busy and animated -appearance. Among the arrivals, there were many whose appearance -betokened that they did not belong to the usual class who attend -such scenes. In this number were included many well dressed ladies, -who by and bye made their appearance at the windows of the lofty and -sombre looking lands in the Lawnmarket, as well as those of the county -buildings, and gave an unexpected variety to the picturesque scene. We -understand that windows commanding a view of the place of execution -were eagerly inquired after, and engaged at prices varying according to -their locality, from five to thirty shillings each, while some who had -engaged a window retailed a view at the rate of half a crown a head. -The great numbers who were constantly arriving up before seven o’clock -seemed principally to disperse themselves in this manner, as no very -sensible addition was made to the mass up to this hour. - -About six o’clock the weather had become less inclement, and though it -was a cold raw disagreeable morning, the showers were only partial and -less violent than they had been during the night. After seven o’clock, -when the rain almost entirely ceased, the crowd became rapidly larger -and more dense, and about eight o’clock the area contained between the -West Bow and the Tron Church, presented an aspect of such an immense -and closely wedged mass of human beings--such a living and moving sea -of uncountable multitudes as could very seldom be witnessed, and we -should suppose has never been known on a similar occasion, or perhaps -on any other in the city, excepting perhaps at the king’s visit. All -along the street the people were packed more closely than could have -been conceived, and as far as the eye could reach, every vantage -ground that could command a view was thickly studded. In the immediate -neighbourhood of the scaffold, looking downwards, the crowd presented -a dark appearance from the great proportion of males who composed it, -but few females, much under the number that usually attends on similar -scenes were present. Farther out, however, where the pressure was -not so great, the usual proportions of the sexes seemed to be more -nearly maintained. Some few females were sprinkled even in the most -dense parts of the crowd, and their screams and unavailing efforts -to extricate themselves, sometimes gave a painful interest to their -appearance. We noticed one boy who was with great difficulty preserved -from being trampled under foot. Another unlucky youth had by some -chance got elevated above the heads of the crowd, and cut a grotesque -figure as sprawling on the top of the mass, he was tossed by its -movements from side to side; at last he was cast up against the houses -and secured a more stable station on a lamp iron. At the movement of -any part of the mob, a correspondent and simultaneous motion seemed to -be imparted to it in nearly all its parts, and some action continually -happening, imparted an appearance of a vast substance continually -waving to and fro. - -The numbers collected at this time have been computed at from twenty -to thirty thousand individuals; we were disposed at first to consider -this calculation excessive, but, upon consideration, we are inclined -to believe that the amount has been under rather than overrated. Any -idea of counting is quite out of the question, and guessing by the -appearance in such a case, is nearly equally fallacious. The only -way that tolerable accuracy can be obtained, is by calculating the -superficial extent of the space occupied by the crowd. - -We believe that we are not far wrong in assuming, that the High Street, -from the West Bow to the Tron Church, is about three hundred yards in -length, and averages about thirty yards in breadth. This would give for -the superficial contents of the area, nine thousand square yards. The -people did not quite extend to the Tron Church, but they were higher -than the West Bow, and some standing on the Castle Hill; and taking the -number in Bank Street, and those pushed out of the line in front of -the Advocates’ Library, and into closes and stairs, and throwing off -one thousand square yards, as an ample compensation for the deficiency -about the church, there is still left eight thousand square yards. -The mean density cannot be taken at less than four individuals to the -square yard,--indeed, from the close packing for a considerable way -round the scaffold, we are convinced that this is rather under than -over the mark. This computation will give thirty-two thousand persons -standing on the streets. We imagine that it is reckoning within the -number when we calculate five thousand additional for the crammed -windows, and those adventurous individuals who occupied the house -tops. In all, we arrive at the enormous number of thirty-seven thousand -persons. We do not give this calculation as strictly correct. It cannot -under these circumstances be so, but we believe that it is nearer the -truth than any guess, and that the whole number approximated more -nearly to forty thousand souls than to thirty-five thousand. - -This immense multitude presented certainly nothing of the appearance -of having come for the purpose of witnessing a sad solemnity, and -differed very widely in demeanour from that which is usually exhibited -by the spectators of an execution. In ordinary cases, a great degree -of sympathy for the sufferer is usually manifested, and even in the -worst a respectful and solemn deportment is observed, as if it was -recognised that they were met upon a melancholy occasion. In this it -was totally different. Every countenance bore an expression of gladness -that revenge was so near, and the whole multitude appeared more as if -they were waiting to witness some splendid procession or agreeable -exhibition. Rude jokes and puns were bandied about, and any opportunity -for fun and frolic to while away the time was immediately seized upon. -Even the disagreeable and almost suffocating pressure was borne with -equanimity, and the glances that were cast at St. Giles’ clock rather -betokened an impatient desire to glut their vengeance by the spectacle -of the arch-fiend’s death-struggles, than an anxiety to be released -from their uncomfortable situation. - -Eight o’clock at last struck solemnly, and commanded universal -attention; all eyes were directed towards the scaffold. It now remains -for us to describe what took place there, and - - - - - THE EXECUTION. - -We left the _cortege_ proceeding up Libberton’s Wynd, the windows -of which were also filled with spectators. When Bailies Crichton -and Small, who were foremost in the procession, reached the top of -the wynd, and were observed by that part of the crowd who were in a -situation to see them, a loud shout was raised, which was speedily -joined in by the whole mass of spectators. When the culprit himself -appeared ascending the stair towards the platform, the yells of -execration were redoubled, and at the moment that he came full in -view, they rose to a tremendous pitch, intermixed with maledictions, -such as “the murderer! _Burke_ him! choke him, hangie!” and other -expressions of that sort. The miserable wretch, who looked thinner -and more ghastly than at his trial, walked with a steady step to the -apparatus of death, supported between his confessors, and accompanied -by the Rev. Messrs. Marshall and Porteous, and seemed to be perfectly -cool and self-possessed. - -When he arrived on the platform of the scaffold, his composure seemed -entirely to forsake him, when he heard the appalling shouts and yells -of execration with which he was assailed. He cast a look of fierce and -even desperate defiance as the reiterated cries were intermingled with -maledictions, such as we have already described. His face suddenly -assumed a deadly paleness, and his faculties appeared to fail him. -Deafening cries of “hang Hare too,” “where is Hare?” “hang Knox,” were -mingled with the denunciations against Burke. - -His appearance betrayed considerable feebleness, whether from disease -or emotion we cannot say. - -He was dressed in the suit of black that we have already noticed, which -was rather shabby in appearance. The coat had been made for a man of -a much larger size, and from the looseness gave a look of weakness to -his person. His appearance was that of a short man, narrow about the -shoulder and chest; this proceeded from the dress, as he was really a -well formed muscular man. His head was uncovered, and his hair, which -was of a light sandy colour approaching nearly to white, along with -his dress, gave somewhat of a reverend aspect to him. The resemblance -to the portrait which was given in our third number, was universally -acknowledged by those who were around us, and we cannot give a better -idea of the man at this time to those who did not see him than by -referring to it, allowing for the colour of the hair, the cadaverous -hue, and some alteration which disease, confinement, and the murderer’s -fare, had produced. He wore a white neckcloth, and boots which seemed -to have lain uncleaned for a length of time in some damp place until -they had become mouldy. - -It was precisely five minutes after eight o’clock when they ascended -the scaffold. Having taken his station in front of the drop, he -kneeled with his back towards the spectators, his confessor on his -right hand, and the other Catholic clergyman on his left, and appeared -to be repeating a form of prayer, dictated to him by one of these -reverend persons; the position called forth new shouts and clamours -of “stand out of the way,” “turn him round.” Mr. Marshall, in the -meanwhile, offered up a fervent supplication to Heaven in his behalf. -The bailies, and other persons on the platform, stood round and joined -in the devotions, with the exception of Williams the executioner, and -his assistant, who kept their station all the time at the back of -the drop. During the prayer a partial silence was obtained, although -there was still considerable confusion and uproar, which Bailie Small -in vain endeavoured to repress, by turning repeatedly and waving his -hand. Mr. Marshall’s prayer occupied exactly five minutes, when he and -the others, excepting the Catholic clergyman, retired from around him, -Burke and the priests still continuing to kneel. His prayers seemed to -be very fervent, and he mentioned to one of the priests, that he died -in the full assurance that he would be saved through the mediation of -our Saviour. - -When he arose from his kneeling posture, he was observed to lift a -silk handkerchief on which he had knelt, and carefully put into his -pocket. He then cast his eyes upwards towards the gallows; and took -his place on the drop, the priest supporting him, though he did not -seem to require it from any bodily weakness. There was some hesitation -displayed in his manner, as if loath to mount; one of the persons who -assisted him to ascend, having rather roughly pushed him to a side, in -order to place him exactly on the drop, he looked round at the man with -a withering scowl which defies all description. While the executioner, -who was behind him, was proceeding with his arrangements some little -delay took place, from the circumstance of his attempting to unloose -the handkerchief at his breast. Burke, perceiving the mistake, said, -“the knot’s behind,” which were the only words, not devotional, uttered -by him on the scaffold, and the only time he spoke to any one excepting -the priests. - -When the hangman succeeded in removing the neckcloth, he proceeded to -fasten the rope round his neck, which he pulled tightly, and after -adjusting it, and affixing it to the gibbet, put a white cotton -night cap upon him, but without pulling it over his face. - - [Illustration: EXECUTION of WILLIAM BURKE. - _taken on the spot._ - - _Published by Thomas Ireland Jun^r. Edinburgh._] - -While this was going on, the yells, which had been almost -uninterrupted, became tremendous, accompanied with cries of “hang -Hare too;” “where is Hare.” “_Burke_ the ----, do not waste rope -upon him;” “give him no rope.” “You ----, you will see Daft Jamie in a -minute.” He seemed somewhat unsteady; whether from terror or debility, -we cannot say. - -The Rev. Mr. Reid then advanced, and conversed with him shortly, but -earnestly. It was then, we presume, that he directed him to say the -creed, which he did. - -His countenance continued to present a death-like paleness, but -appeared composed, and he stood unflinching and motionless. When Mr. -Reid retired, the executioner advanced, and offered to draw the cap -over his face. He manifested some repugnance to its being done; but, -with some little difficulty, this part of the fatal preparations was -also completed. - -When every thing was ready, and the assistants withdrawn, he uttered an -ejaculation to his Maker, beseeching mercy, and immediately gave the -signal, throwing the handkerchief from him with an impatient jerk, as -violently as his pinioned arms would permit, and was instantly launched -into eternity. - -Before his removal from the jail, he had said that he would make short -work on the scaffold; and, though evidently disconcerted, and his -ideas scattered by the appalling shouts of the mob, he kept his word. -The whole proceedings on the scaffold occupied only ten minutes, and -precisely at a quarter past eight o’clock the drop fell. The fall was -very slight, and certainly could not dislocate his neck. It was nearly -so imperceptible, that at one instant he seemed standing, and engaged -in an active operation; on the next, with almost no change visible, he -was hanging helplessly suspended only by the cord that was suffocating -him. - -Though no sympathy could be felt for such a despicable and cold-blooded -monster, it is still a fearful sight to witness death snatching his -victim with such circumstance. If any feeling of pity could be aroused -by this, it must have been heightened by the terrific huzza raised at -the moment he was thrown off, and the populace saw their enemy in the -death struggle. - - ----“One universal cry there rushed, - Louder than the loud ocean--like a crash - Of echoing thunder.” - -In all the vast multitude there was not manifested one solitary -expression of sympathy. “No one said, God bless him;” but each vied -with another in showing their exultation by shouting, clapping of -hands, and waving of hats. - -This universal cry of satiated vengeance for blood ascending to heaven, -rung through the city, and we are assured was distinctly heard by the -astonished citizens in its most remote streets. Never perhaps was such -a noise of triumph and execration heard, and we may safely say never on -a similar occasion. It was followed by a more partial and savage cry of -“Off with the cowl;” “let us see his face;” and many appeared desirous -of glutting their revenge by gloating on the disgusting spectacle of -his distorted features. - -The magistrates, clergymen, and executioners immediately upon the drop -falling retreated from the scaffold, and left it under the charge only -of about half a dozen city-officers, who walked about to keep them -from the cold, and looked as if they would willingly have followed the -example of their superiors. - -There was nothing which could be called struggling observable on the -now apparently lifeless body. It seemed as if, slight as was the jerk -given by the fall, instantaneous death had been produced, although the -neck could not have been dislocated, yet the body swung motionless -except from the impetus given by the fall, until about five minutes -after the suspension, when a slight convulsive motion of the feet -and heaving of the body indicated that vitality was not entirely -extinguished. Upon observing this another cheer was raised by the crowd -who were anxiously watching the body. It was repeated at intervals -as the motions were renewed. This happened we think perhaps twice -after the first, each time diminishing in force until the last seemed -merely a slight tremulous motion of the feet, imperceptible except to -those who were gazing intently upon the body. Notwithstanding that the -criminal was now obviously dead, and nothing visible but his wretched -carcass hanging at the end of a cord, a disgusting spectacle of the -pitch of degradation that guilt and crime can reduce a human being to, -the populace showed no disposition to disperse, and comparatively few -left the place. They seemed to wait for the purpose of gloating their -eyes with the spectacle of the last agonies of this object of their -implacable dislike, but after the occurrence of what we have mentioned, -there were no indications of sensation, and the very gradual swinging -round appeared to be produced by the action of the wind: The head also, -as usual, leaned a little to one side, which added a more miserable -character to the scene. - -At a particular part of the crowd a cry of “to Surgeons’ Square,” was -now raised by some individuals, and a large body detached themselves -from the mass and proceeded in that direction. The signal was not -imparted to any other part, and the movement confined to the quarter -in which it originated. We are informed that the detachment which thus -broke off, though large when it left the Lawnmarket, was gradually -diminished by stragglers who dropped off in its progress, until upon -reaching its destination it was not able to cope with the party of -policemen who were stationed there in anticipation of such an attack. -Though they removed from the thickest part of the crowd, their -defalcation did not produce a sensible difference in the appearance. -At this time a baker had the hardihood to attempt a passage down the -street with a board on his head and a few rolls in it, and, contrary -to expectation, succeeded in accomplishing it. At one time his board -was nearly capsized, but an escort of fellow tradesmen quickly rallied -round him, and guarded him safely past the danger. A chimney-sweeper -with his ladder was not so fortunate as the baker, as his brethren -probably did not muster so strong, and he had to retreat without -accomplishing his purpose. With such incidents the mob were amused, -while the melancholy spectacle was exhibited before them, and their -laughter and glee continued unabated up to their dispersion. - -At the time this was passing we observed a person dressed in a drab -great coat hallooing and encouraging the mob to persevere in these -manifestations of their feelings, from a window on the second floor of -a house, a little to the eastward of the scaffold, on the opposite -side. This individual, who seemed anxious to render himself conspicuous -by prompting fresh ebullitions of the popular sentiment, persevered -indefatigably in his exertions until the body was cut down; but the -vengeance of the mob appeared to have been satiated with the death of -the criminal, and the shouts, though renewed at intervals, gradually -became fainter and fainter. - -After hanging a considerable time, some individual from below the -scaffold, the under part of which was boxed in for the reception of -the body when it should be cut down, gave the body a whirl round, but -no motion except what was thus given was observable. From the same -place was handed up to the town-officers on the platform shavings and -chips taken out of the rude coffin underneath. These were held up to -the populace, and some chips thrown over among them;--conduct which -did not appear very decorous from the official attendants upon such -a solemnity. At five minutes to nine o’clock, Bailies Crichton and -Small again came up Libberton’s Wynd, still habited in their robes and -with their staffs, but did not ascend the scaffold. The executioner -mounted it and immediately commenced lowering the body, which was done -by degrees and rather leisurely. Again the people made the welkin ring -with three hearty cheers when they saw their vengeance completed. A few -cries of “Let us have him to tear him in pieces” were heard, but there -was no colour for what has been said in a newspaper account, that there -appeared indications of a riot to effect this. There was perhaps never -a tithe, or a twentieth part of the same number collected in Edinburgh -who showed less disposition to disturb the public peace. So far from -the bold front of the policemen deterring them from their purpose, the -policemen stood all the time with their backs to the crowd, and we -believe had not to interfere in a single instance. Had the purpose of -the mob been evil, and had they acted simultaneously, no bold front of -the detachment of police, though it was strong, could have prevented -them attaining their object: the physical force and pressure of such -a mass would have overwhelmed all the officers present. But the crowd -were in perfect good humour, and never was there one that thought -less of rioting. Their desires were gratified--their aspirations were -answered, the arch-criminal had met with his doom, and there was for -the present nothing to ruffle their tempers. Accordingly after the body -was lowered, the people commenced dispersing quietly, and in an orderly -manner, until the streets were perfectly cleared. The body was lowered -precisely at five minutes before nine o’clock, having hung exactly -forty minutes. Upon its falling into the space under the scaffold, -which was boxed in, a scramble took place among the operatives for -relics, consisting of pieces of the rope, shavings from the coffin, &c. -&c. The body was placed in a shell and almost immediately carried down -on men’s shoulders to the Lock-up-house. - -The populace, upon seeing this winding up of the business, quietly -dispersed. All Wednesday, however, large groupes visited the scene. - -Instantly after the tragedy was closed, the men who were to remove the -scaffold and other erections appeared and commenced operations; such -was their celerity that by half-past eleven o’clock all traces of it -were removed. - -We have abstained in the foregoing account of the exit of this -notorious criminal, from expressing any opinion upon the very -remarkable and unusual display of feeling which was manifested by -the immense majority of the spectators present, but have contented -ourselves simply with describing these ebullitions along with the other -incidents attendant on it, conceiving that to our readers who did -not witness it, they would form part and parcel of the transactions, -aye, and a more important part than either some of the actions of the -culprit, or the doings of the officials engaged in it. No one who -witnessed the unprecedented conduct of the crowd, could have hindered -himself from being impressed with it: and assuredly we did not survey -it with indifference, nor refrain from forming an opinion. Some of the -journals who record such events, appear to have felt very wrathful upon -the occasion, and to have lavished every term of vituperation upon -those whose conduct ran counter to their fine drawn sentimentality. We -confess that we cannot see any reason for indulging in such excessive -sensibility. It is not customary certainly to behave so; and this -departure from the etiquette of an execution is probably what has -shocked them; but then we must recollect that ordinary executions -are very different things from what this was, and that in them the -expression of feeling and sympathy for the sufferer is genuine and -heartfelt; and if those who exhibit it are entitled to any praise for -honesty and sincerity in that case, they have not forfeited it in -this, as there can be no doubt that the behaviour complained of was an -unpremeditated and simple expression of detestation for the crime, and -exultation that punishment had overtaken it. - -No comparison can be drawn between a man who is executed for some petty -theft, whom the frequenters of executions cannot bring themselves to -consider as a very desperate felon, and a monster who is most justly -hanged for one execrable murder, when there are fifteen behind as -abominable. The sentiments and opinions of the mob cannot be the same -in the one case, as in the other; they cannot enter into nice legal -distinctions--if indeed legal distinctions would blame them; but they -see one man suffer for stealing a few shillings, and they pity him, -and another for murdering sixteen individuals, and they execrate him. -There is nothing extraordinary in all this, though it is unusual, -almost unprecedented, that an opportunity should occur to call it -forth. To show any thing else than an implacable aversion to such great -moral turpitude, would have been to manifest a slight perception of -evil, and we suspect that those who blame the shouters, were themselves -actuated by equally honourable feelings, though they would not permit -them to operate in the same way. - -We will concede to them, that people of very refined feelings and -cultivated minds would not triumph over the last moments of the most -depraved man who ever lived, and that Burke was that man, perhaps with -the exception of Hare, there can be no question; but then we must -recollect that those who jostled each other upon the High Street of -Edinburgh on the morning of the execution, make no pretensions to such -high refinement. We must also bear in mind, that many of the populace -were of the same rank in life as the massacred victims, and that they -naturally felt more deeply on the subject than those whose station -and habits removed them from the risk of being butchered. Also, that -a notion had gone abroad among these people that their bodies were -mangled for behoof of a science which is to benefit more peculiarly the -rich, and that those obnoxious individuals who exercise the inhuman -trade of resurrectionists, are screened by them from the punishment -they merit. They believed also that there was a desire to deal too -leniently towards this ruthless gang, and that although one of them had -been sacrificed, others of the delinquents had been snatched from a -deserved fate, because their blood was little accounted of. It had been -even imagined that a disposition was cherished of saving the life of -Burke, and that he was unwillingly consigned to his fate; now all this -is very erroneous, and some of it very absurd, but still these opinions -were conscientiously held by numbers, and would be as operative in -dictating an expression of their feelings, as more rational ideas could -have been. - -It is not wonderful, then, that when they witnessed the preparations -for the ceremony, they should indulge in expressions of satisfaction; -and that when the culprit himself was exhibited before them, an -uncontrollable and simultaneous shout of triumphant exultation should -burst forth, and that execration for his enormous guilt should have led -the vast multitude, without concert or premeditation, to repeat again -and again their acclamations. - -The law in such cases justly and wisely, but relentlessly, consigns -the perpetrators to death, and the public voice also relentlessly adds -to it obloquy and reproach. Nay more, the Lord Justice Clerk, before -passing sentence, mentioned that he was prevented only by a sense -“that the public eye would be offended by so dismal a spectacle,” -from ordering also, “that to satisfy the violated laws of his country -and the voice of public indignation, his body should be exhibited in -chains, to bleach in the winds, in order to deter others from the -commission of similar offences.” His Lordship, so far from having any -aversion to posthumous vengeance, adds, “I trust, that if it is ever -customary to preserve skeletons, yours will be preserved, in order -that posterity may keep in remembrance your atrocious crimes.” And he -could scarcely have used other terms in animadverting upon what he -justly characterized in the following words: “A crime more atrocious, a -more cold-blooded, deliberate, and systematic preparation for murder, -and the motive so paltry, was really unexampled in the annals of this -country.” His Lordship’s colleagues also expressed themselves in -similar terms, and still the people are blamed for acting in unison -with their declared sentiments. - -Even the hangman seemed to share in the general feeling. His -instructions to the porter who assisted him were conveyed in the -following petty sentence, “Hold him till I get the rope adjusted, and -then let the ---- kick.” When fastening the rope about his neck, he did -give it an unmerciful tug, so as nearly to strangle him. - -It is admitted by those who complain of the violation of decency and -good taste, that he was a cold-hearted miscreant, towards whom a spark -of sympathy could not be extended, and his atrocities are denounced -in eloquent and indignant terms, and yet it appears to have been -anticipated that the public, on the only occasion they had of publicly -manifesting their sentiments, should have met him with a semblance -of pity and forgiveness. They could not have done so without doing -violence to every feeling that agitated them, and it would have been -an unaccountable piece of hypocrisy to have attempted it. Public -detestation unequivocally expressed, is always an important, and -sometimes the most important auxiliary of punishment, and the scorn -and contumely that is heaped upon a guilty head may be the best ally -of the repressors of immorality, and if there was in that assemblage -one individual whose sordid soul, could contemplate the commission -of enormities which might outrage humanity, and bring on him similar -manifestations of disgust, it must have acted as a solemn warning -when he made the terrible discovery, that “when it goeth well with -the righteous the city rejoiceth, and when the wicked perish there is -shouting.” - -Our sentiments concerning the character of the unhappy wretch, and -his crimes, has been explicitly stated in the foregoing part of this -narrative, but it may not be unacceptable to our readers that a brief -view of the opinions of others should be furnished. We subjoin, -therefore, the following observations, the merit of which may well -justify their insertion. - - * * * * * - -The atrocious murderer, Burke, whose hands were more deeply dyed -in innocent blood than those of any other homicide recorded in the -calendar of crimes, has undergone the sentence of the law; and from the -narrative of the concomitants of the tragedy, it will be seen that the -circumstances attending his exit were as extraordinary as his guilt was -transcendant and unprecedented. Essentially and in his real character -an ignoble, base, mean-spirited wretch, this wholesale assassin, by the -mere extinction or obliteration of every moral principle and feeling of -his nature, and by a consequent abandonment of the faculties bestowed -upon him to the commission of crime, has succeeded in obtaining “a bad -pre-eminence,” even among those who had prostituted and degraded far -higher endowments to the ways of iniquity; and a name which ought never -to have been heard of beyond the precincts of the lowest and meanest -compartment of society, is now damned to immortal infamy, and stands -out in strong relief from the long and black catalogue of those who -have most signalised themselves by their daring violation of the laws -both of God and of man. In fact, it was reserved for this incredible -monster and his associate fiends to reduce murder to a system, and to -establish a regular traffic in the bodies of their victims. Ordinary -homicides slay from passion or revenge; the murders they commit are -the product of an ungovernable and overmastering impulse, which hurls -reason from her seat, and, in the wild conflict of guilty passion, -precipitates them into the commission of acts which are no sooner done -than they would perhaps give the universe were they undone. But Burke -and his crew possess the horrid and anomalous distinction of having, -without the palliation of passion, or of any other motive which a -just view of human infirmity can admit in extenuation, and from a -base and sordid love of gain, and of acquiring the means of rioting -in profligacy and iniquity of every sort, established a traffic in -blood upon principles of cool calculation, and an utter recklessness -of either God or man, which would have done no discredit to Mammon -himself. Hence it is, that Burke is perhaps the only criminal who has -died, not only without exciting an emotion of pity in a human bosom, -but amidst the curses, both loud and deep, of the assembled thousands -who witnessed the ignominious termination of his guilty career. The -wild shouts of exultation which saluted him upon his appearance on the -scaffold, and which rung in his ears with still fiercer acclamations -when the world was closing on him for ever, must have appalled even the -heart of ice within his worthless bosom, and sounded as the knell of a -judgment to come, where the spirits of the slain would rise up before -him to demand a just retribution. Yet at that awful moment, when his -deeds of blood must have arisen before him, and when the unknown future -must have presented itself to his mind as the past was about to close, -the wretch seemed almost calm, and looked defiance, nay, scorn at those -who, yielding to their overpowering sense of his crimes, blasted his -last moments with their shouts of wild triumph and exultation. - - * * * * * - -It will be long ere such a scene as this occur again, unless, -indeed, as is the devout wish of every one, a similar spectacle be -produced by the execution of Hare. There never, perhaps, was such a -signal and appalling expression of a whole populace’s indignation -as on this occasion. The nature of the feeling by which they were -actuated, indeed, could only be estimated by looking at the species of -crime, at once so novel and so aggravated, of which the wretch has -been convicted. History, even in its blackest record, the _Newgate -Calendar_, has disclosed nothing similar or equal in atrocity to the -late transactions at the West Port, if we except one or two straggling -and doubtful cases, which the progress of inquiry, stimulated by the -recent events, has since elicited. The commission of such horrors, and -the state of mind and feeling which could bend to their commission, -formed, as it were, a new era in the history of human nature and -of human crime. A proportionate impression was communicated to the -multitude, who literally stood for a season “in pitiless horror fixed.” -Found guilty of a tissue of enormities, at the very least, of which one -would require to be something more or less than human to refrain from -shuddering, the execution of this monster was anticipated by thousands -without any of those sentiments of commiseration which usually -accompany such spectacles. After all was granted that the advocates of -science could demand, still the bare _species facti_, and no sophistry -could pervert or soften that, was narrowed and nailed down to this, -that Burke had done a deed which stands highest in the code of crime, -by the laws both of God and man,--that he had done so, not from any of -these various motives or temptations which the indulgence of mankind -is often apt to admit as palliatives to guilt, but from the basest of -all considerations, the procurement of a paltry pittance,--and that he -had contracted this heavy villany, not once or twice, or from sudden or -casual impulses, but coolly and deliberately had gone about exercising -the work of murder as a trade--dealing with human creatures as a -butcher deals with cattle--shedding their blood and selling their flesh -for bread. - -It is impossible, without adverting to all these facts, to form any -conception of the popular fury on this occasion. It might be possible -to imagine a case in which a criminal, although exhibiting the very -highest depravity, might yet be not improperly looked upon with the -eye rather of pity than of condemnation,--as one whom nature had given -instincts and passions such as she gives alike to man and brute, but -for whom subsequent events had done worse than nothing. In fact, such -is the strong tendency of mankind to revolt from the idea of such -unnatural enormities being committed in aught of human shape, that -when the system of traffic which had been practised by Burke and his -associates first flashed in a full disclosure on men’s understandings, -not a few were inclined to search, in some extenuating circumstances -of this kind, for a cause of palliation of this unparalleled felon’s -iniquity. It was at least not an impossible supposition, that the -wretched man might have been labouring under a total insensibility of -moral and even of intellectual feeling, arising from an entire want of -education--from a mind dull and inert in its perceptions originally, -and not only in after life allowed to lie waste, but rendered still -more callous and impassive every day by a constant contact with scenes -of infamy. Could we indeed imagine that Burke had been left to have his -character formed under an accumulation of influences fatal and awful -to contemplate as these are--that his life had been always spent in -profligate habits and profligate haunts--that he had been born with a -ferocious and indocile nature, and bred in situations which barred all -progressive movements to good--that, in short, he had never had ideas -poured into his intellect, or any humane feelings generated in his -bosom--then perhaps it might furnish matter of curious investigation -to the metaphysicians, whether he was not, after all, a case which -called for deep sympathy. But enough has transpired of the history -of this extraordinary man, to show that he at least was placed in no -such deplorable predicament. His education and rank in life, instead -of having been by any means of the lowest order, were such as, in -the judgment of the world, and on the authority of experience, are -held of necessity to humanize and inform the mind, and to communicate -perfectly just conceptions of moral distinctions. In addition to this, -many people hold it to have been made out that Burke was a man of -strong mind, of an understanding much superior to his condition. When, -therefore, he stood convicted before his country as one who, for his -livelihood, had been a wholesale dealer in human slaughter, he stood -without the benefit of one single mitigating circumstance, to weaken -the profound sense of horror and indignation which pervaded all hearts. -He had known the full measure and enormity of the guilt which he was -perpetrating, and the whole practical amount of human suffering which -he was inflicting day by day on bereaved families and friends; and, -appearing in this light, every one felt that it was idle to talk of -mercy, and the most charitable were disposed to say, Let the law take -its course. - - * * * * * - -During the whole of Wednesday the College was beset by numbers anxious -to catch a glimpse of the body as it was conveyed to Dr. Monro’s -Anatomical Theatre. It was resolved, however, that the removal should -not take place upon that day, but should be effected in the subsequent -night, when there was no probability of a crowd collecting. Still, -however, the people continued to stand and gaze at the building in -which they believed him to be, as if they expected the inanimate body -to appear to them. - -Early on Thursday morning the corpse was removed from the Lock-up-house -to the College, and placed in one of Dr. Monro’s rooms. Several -scientific gentlemen attended at an early hour to examine the -appearances before the promiscuous entry of the students should prevent -their undisturbed examination; among others we noticed Mr. Liston, Mr. -George Combe, and his philosophical opponent Sir William Hamilton; Mr. -Joseph the eminent sculptor, was also present, and took a bust of the -criminal. Sketches were likewise taken by more than one young gentleman. - -The body was that of a man you might call stout or sturdy. The neck -was one of those that are usually denominated a bull-neck. The chest -and the upper part of the arms were extremely muscular. The lower -parts were so also, but not in the same proportion. The lower part of -his body was thin, but his thighs were extremely large, the leg and -foot small. Altogether he exhibited any thing but the appearance of an -emaciated body, and every one was astonished to find it display such -plumpness and stoutness, differing very materially from the aspect -he had upon the scaffold,--but then, as we have already noticed, the -size of the clothes making them hang loosely upon him, gave a look of -feebleness and narrowness to the chest which it did not possess. - -The countenance was not so much altered after death as is usually -the case, or as was generally expected. It presented the appearance -of great placidity, without the slightest thing which could indicate -that he had suffered a violent death, excepting the discoloration of -the neck where the cord had surrounded it and made a livid mark; nor -was there that fulness of the features generally attendant on those -who have suffered a similar death, owing, perhaps to his head having -been supported in a perpendicular position after being cut down. The -countenance betokened the same meanness and low wickedness which it -exhibited at the trial. - -In the course of the forenoon the body was inspected by a number of -individuals, though the public were not admitted generally. - -Professor Monro, in pursuance of the sentence of the Court, gave a -public dissection of the body at one o’clock to a numerous audience; -indeed the class-room was quite crowded. The learned lecturer was -received with every mark of respect, accompanied by the usual -demonstrations of welcome. We observed among the audience many highly -respectable professional gentlemen anxiously waiting to hear Dr. Monro -upon the particular subject of the day’s lecture, as it was known that -it was to be the brain, a portion of the anatomy of the human body on -which the professor has bestowed particular attention, and on which, in -consequence, his lectures are particularly valued. He has also some new -views regarding the brain, the correctness of which we are assured the -result of the lecture sufficiently proved. Previously to commencing, -the professor did every thing in his power to satisfy the curiosity of -those who wished to have a view of the features, by exposing him in the -most favourable position. In the dissection he was aided by his able -assistant, Mr. M‘Kenzie. It was commenced by first taking off the scalp -to show the muscles of the upper part of the head; these being removed, -the skull was sawn through, and the brain with its covering exposed. -The quantity of blood that gushed out was enormous, and by the time the -lecture was finished, which was not till three o’clock, the area of the -class-room had the appearance of a butcher’s slaughter-house, from its -flowing down and being trodden upon. - -The anxiety to obtain a sight of the vile carcass of the murderer was -exceedingly great, particularly after the dismissal of Dr. Monro’s -class; and the Doctor, in the most obliging manner, accommodated every -one to the utmost extent the apartments would admit of. About half -past two o’clock, however, a body of young men, consisting chiefly of -students, assembled in the area, and becoming clamorous for admission -_en masse_, which of course was quite impracticable, it was found -necessary to send for a body of Police to preserve order. But this -proceeding had quite an opposite effect from that intended. Indignant -at the opposition they met with, conceiving themselves to have a -preferable title to admission, and exasperated at the display of -force in the interior of the University, where they imagined no such -interference was justifiable, the young men made several attempts, in -which they had nearly succeeded, to overpower the Police, and broke -a good deal of glass in the windows on either side of the entrance -to the Anatomical Theatre. The Police were in fact compelled to use -their batons, and several hard blows were exchanged on both sides. -The Lord Provost was present for some time, but was glad to retire -with whole bones, amidst the hootings of the obstreperous youth, who -lavished opprobrious epithets on the Magistrates, particularly on -Bailie Small, the College Bailie, who displayed considerable activity, -and harangued the assemblage from time to time with apparently very -little effect. Attempts were made to convey some prisoners the Police -had made across the square, but they were speedily rescued on attaining -the open space. Those captured afterwards were lodged in one of Dr. -Monro’s rooms, but this scarcely afforded more secure custody. It -was also attempted to clear the yard with but indifferent success; -indeed the Police were overmatched, and could only stand their ground -by avoiding the open area. The disturbance lasted from half-past two -till nearly four o’clock, when an end was at once put to it by the -good sense of Professor Christison, who announced to the young men -that he had arranged for their admission in parties of about fifty at -a time, giving his own personal guarantee for their good conduct. This -was received with loud cheers, and immediately the riotous disposition -they had previously manifested disappeared. We cannot conceive why this -expedient was not thought of earlier; for if it had, there would have -been no disturbance of any kind. Several of the more violent of the -youths were taken into custody by the Police, but were very properly -liberated on their parole by the Magistrates. The whole fracas, indeed, -was a mere ebullition of boyish impatience, rendered more unruly by -their extreme curiosity to obtain a sight of the body of the murderer. -Several of the policemen were severely hurt; but _en revanche_, we -believe not a few of the young men have still reason to remember the -weight of their batons, and some severe contusions were received. South -Bridge Street, in front of the College, was kept in a continued uproar, -and almost blocked up by the populace who were denied access to the -interior, and had the approaches not been guarded fresh accessions of -rioters might have given it a more serious aspect. In fact, the body of -Police on duty were too weak for the rioters, small parties being sent -from the office as they came in from other quarters; a circumstance -which rendered it necessary for them to use harsher means than they -would otherwise have employed. On Friday, however, matters were better -arranged. An order was given to admit the public generally to view -the body of Burke, and of course many thousands availed themselves -of the opportunity thus afforded them. Indeed so long as daylight -lasted, an unceasing stream of persons continued to flow through the -College Square, who, as they arrived, were admitted by one stair to -the Anatomical Theatre, passed the table on which lay the body of the -murderer, and made their exit by another stair. By these means no -inconvenience was felt except what was occasioned by the impatience of -the crowd to get forward to the Theatre. - -On that day we again paid the College a visit, and formed part of the -immense multitude who pressed on anxious to see the remains of the -wretch. Having made our way to the stairs leading to the class-room, -we moved up without much exertion of our own being required. The -progression alone of the dense body which kept continually advancing, -almost supplying the place of our usual locomotive powers. After a -sufficiency of squeezing, we found ourselves in the room, where we -tarried for awhile, that we might have sufficient time to make more -minute observations than those who were hurriedly carried past in the -continuous stream that moved along. The body was lying on the black -marble table, which is usually in the class-room, on one side of the -area, so as to allow free ingress and egress. - -To give a better idea of what the countenance had been, the skull cap -which had been sawn off the preceding day was replaced, and the outer -skin brought over it, so as to retain it in the proper situation. -The face, however, was much altered. We understand that an immense -quantity of blood had flowed from the body during the night, producing -doubtless the paleness which was now its principal characteristic. -The features had entirely lost that decidedness and sharpness they -yesterday possessed. The nose was thickened, as the lips likewise were, -producing that bloated appearance usually seen in the faces of those -who have died from strangulation. It altogether no longer presented the -countenance of Burke. - -It was really amusing to observe the different emotions displayed -in those approaching and passing the body. They presented as great -a variety of faces, both in old and young, as the most zealous -physiognomist could have wished for in his studies. Some hesitated at -the entrance, half inclined to retrace their steps, as if appalled -at their own audacity in venturing so nearly into the presence of a -corpse. The crowd behind, however, and their own curiosity urged them -on, and they were almost borne past with uncovered head and pallid lip. -Others walked boldly forward, viewing the body with a malicious smile, -which spoke plainly their disgust at the crimes of the individual, and -that this aversion overcame every sentiment of horror they might have -felt at another time in looking on a similar spectacle. - -The immense concourse of people whose curiosity induced them to visit -this sad and humiliating spectacle of fallen and degraded man may -be judged of, when it is mentioned, that by actual enumeration it -was found that upwards of sixty per minute passed the corpse. This -continued from ten o’clock until darkening, and when we left at nearly -four o’clock the crowd was increasing, we cannot compute the number at -less than twenty-five thousand persons, and counting the other days on -which many saw him, though the admissions were not so indiscriminate, -the amount cannot be reckoned under thirty thousand souls. A greater -number of males probably than was present at the execution, and a far -greater concourse perhaps than ever paid homage to the remains of any -great man lying in state. - -We understand, though we did not witness it, that some women whose -curiosity presented a stronger impulsive motive than could in them be -counteracted by the characteristic grace of a female,--modesty, found -their way with the mob into the room where the naked body was exposed. -It is not likely, however, that their curiosity will, in such a case, -again get the better of their discretion, as the males, who reserve -to themselves the exclusive right of witnessing such like spectacles, -bestowed such tokens of their indignation upon them as will probably -deter them from again visiting an exhibition of the sort; seven in all -is said to be the number of females in Edinburgh so void of decency; -but in justice even to them we may presume that they did not anticipate -such an exposure. Several more however cast a longing look into the -University, and even ascended the steps, but had the prudence again to -retire. - -Next day, Saturday, all ingress was denied, and again the front of -the College presented a scene of confusion sufficiently annoying to -those in the neighbourhood, and to passers by. Long after they had -ascertained that no admission was allowed, the people continued gazing -at the outer walls, and when their curiosity was abundantly gratified -by this, or their patience exhausted, fresh arrivals of unwearied -spectators arrived. - -The phrenologists have, as a matter of course, seized with avidity this -opportunity of, as they imagine, through it exhibiting the advantage of -their favourite science, and thereby advancing it in public estimation. -We will, out of the descriptions of the number given forth, confine -ourselves to the two following. - - - - - PHRENOLOGICAL DEVELOPMENTS OF BURKE. - -For the following measurement of the head of Burke, with the -development deduced from it, we are indebted to an ingenious friend who -has taken some interest in the science of Phrenology, without, however, -becoming a convert to its doctrines. The measurement was taken with -the greatest care, in the presence and with the assistance of an able -Phrenologist: so that its accuracy may, we believe, be confidently -relied upon:-- - - - MEASUREMENT. - - Inches. - Circumference of the head 22.1 - From the occipital spine to lower Individuality 7.7 - From the ear to lower Individuality 5 - From ditto to the centre of Philo-progenitiveness 4.8 - From ditto to Firmness 5.4 - From ditto to Benevolence 5.7 - From ditto to Veneration 5.5 - From ditto to Consciousness 5 - From Destructiveness to Destructiveness 6.125 - From Cautiousness to Cautiousness 5.3 - From Ideality to Ideality 4.6 - From Acquisitiveness to Acquisitiveness 5.8 - From Secretiveness to Secretiveness 5.7 - From Combativeness to Combativeness 5.5 - - - DEVELOPMENT. - -Amativeness, very large. Philo-progenitiveness, full. -Concentrativeness, deficient. Adhesiveness, full. Combativeness, -large. Destructiveness, very large. Constructiveness, moderate. -Acquisitiveness, large. Secretiveness, large. Self-esteem, rather -large. Love of approbation, rather large. Cautiousness, rather large. -Benevolence, large. Veneration, large. Hope, small. Ideality, small. -Conscientiousness, rather large. Firmness, large. Individuality, upper, -moderate. Do. lower, full. Form, full. Size, do. Weight, do. Colour, -do. Locality, do. Order, do. Time, deficient. Number, full. Tune, -moderate. Language, full. Comparison, full. Casualty, rather large. -Wit, deficient. Imitation, full. - -The above report, it may be necessary to observe, was taken a few hours -after the execution. In consequence of the body having been thrown -on its back, the integuments not only at the back of the head and -neck, but at the posterior lateral parts of the head were at the time -extremely congested; for in all cases of death by hanging, the blood -remaining uncoagulated, invariably gravitates to those parts which are -in the most depending position. Hence, there was a distension in this -case over many of the most important organs which gave, for example -_Amativeness_, _Combativeness_, _Destructiveness, &c._ an appearance of -size which never existed during life, and, on the other hand, made many -of the moral and intellectual organs seem in contrast relatively less -than they would otherwise have appeared. In this state, a cast of the -head was taken by Mr. Joseph; but although for Phrenological purposes -it may do very well, yet no measurement either from the head itself -in that condition, or a cast taken from it, can afford us any fair -criterion of the development of the brain itself. We know that this -objection applies to the busts of all the murderers which adorn the -chief pillars of the Phrenological system, and in no case is it more -obvious than in the present. - -Our able Professor, Dr. Monro, gave a demonstration of the brain to -a crowded audience on Thursday morning, and we have, from the best -authority, been given to understand, that it presented nothing unusual -in its appearance. We have heard it asserted, that the lateral lobes -were enormously developed, but having made inquiry on this subject, we -do not find they were more developed than is usual. As no measurement -of the brain itself was taken, all reports on this subject must be -unsatisfactory; nor could the evidence of an eye-witness in such a -matter prove sufficient to be admitted as proof either in favour of or -against Phrenology. - -The question which naturally arises is, whether the above developments -correspond with the character of Burke? It is not our intention -to enter into any controversy on this subject; yet we cannot help -remarking, that it may be interpreted, like all developments of a -similar kind, either favourably or unfavourably for Phrenology, as -the ingenuity or prejudices of any individual may influence him. We -have the moral organs more developed certainly than they ought to -have been; but to this it is replied, that Burke, under the benign -influence of these better faculties, lived upwards of thirty years, -without committing any of those tremendous atrocities which have so -paralysed the public mind. He is neither so deficient in Benevolence -nor Conscientiousness as he ought to have been, phrenologically -speaking, and these organs, which modified and gave respectability -to his character for as many as thirty years, all of a sudden cease -to exercise any influence, and Acquisitiveness and Destructiveness, -arising like two archfiends on both sides, leave the state of -inactivity in which they had reposed for so long a period, and gain a -most unaccountable control over the physical powers under which they -had reposed for so many years succumbed. But, is the size of the organ -of Destructiveness in Burke larger than it is found in the generality -of heads?--and are his organs of Benevolence and Conscientiousness less -developed than usual?--We hope to have it in our power, at an early -period, to adduce sufficient evidence to determine these questions; -and in the mean time, leave our readers, who have the inclination and -leisure, to amuse themselves, like the astrologers of old, with the -above phrenological horoscope of this atrocious criminal. - - * * * * * - -It is an old saying that Doctors differ; nor has our recent experience -tended, in any degree, to abate our confidence in this maxim. As it is -desirable, however, to show both sides of a question at once, we insert -the following “Observations on the Head of William Burke,” from the pen -of a distinguished Phrenologist:-- - -Public attention has been so strongly attracted by the atrocious -crimes of Burke, that the other incidents of his life, and his general -character as a man, are liable to be altogether overlooked. In viewing -his character, however, with a philosophic eye, the whole mental -qualities manifested by him in the different situations in which he was -placed, must be taken into account. - -Burke was born in the parish of Orrey, county of Tyrone, in Ireland, -in the spring of 1792. When at school, he was distinguished as an apt -scholar--a cleanly, active, good-looking boy; and though his parents -were strict Catholics, he was taken into the service of a Presbyterian -clergyman, in whose house he resided for a considerable time. He -was recommended by the minister to a gentleman in Straban, in whose -employment he remained for several years. - -He subsequently tried the trade of a baker, at which he continued -only for five months. He thereafter became a linen-weaver, but soon -got disgusted with the close application that was essential to earn a -livelihood at that poorly-paid, irksome employment, and he enlisted in -the Donegal militia. He was selected by an officer as his servant, and -we are told that he demeaned himself with fidelity and propriety. While -in the army, he married a woman in Ballinha, in the county of Mayo, and -after seven years’ service, the regiment was disbanded, and he went -home to his wife. He shortly afterwards obtained the situation of groom -and body-servant to a gentleman in that vicinity, with whom he remained -three years. - -He subsequently came to work at the Union Canal in Scotland, and -there formed an acquaintance with the woman M‘Dougal, who became -remarkably fond of him, deserted her paternal roof for his society, -and attached herself to him, partaking of his various fortunes during -the last ten years of his life. It is mentioned that Burke treated -her with kindness, and acknowledged her as his wife; and that she was -passionately fond of him in return. - -Being reduced to much wretchedness and poverty, Burke and M‘Dougal -lodged for a few nights in Hare’s house, and during his stay, a -fellow-lodger died, whose body was sold by Hare and Burke for -dissection. At this point, his career of villany commenced. The price -of the body being expended, Burke decoyed a woman into Hare’s den and -murdered her, and sold her body. He and Hare repeated similar tragedies -twelve or thirteen times during the course of a year, till at last they -were detected. - -Nothing can exceed the intense selfishness, cold-blooded cruelty, -and calculating villany of these transactions; and if the organs of -Selfishness and Destructiveness be not found in Burke, it would be as -anomalous as if no organs were found for the better qualities which he -had previously displayed. - -Phrenology is the only science of mind which contains elements and -principles capable of accounting for such a character as that before -us; and it does so in a striking manner. We have seen a measurement and -development of the head of Burke, taken by an experienced Phrenologist -from the living head; also a very accurate cast of the head with the -hair shaven, taken by Mr. Joseph after the execution; and we have -conversed with a medical gentleman who saw the brain dissected. The -head was rather above than below the middle size. The middle lobe -of the brain, in which are situated the organs of Destructiveness, -Secretiveness and Acqusitiveness, was very large; at Destructiveness, -in particular, the skull presented a distinct swell, and the bone was -remarkably thin. The cerebellum, or organ of Amativeness, was large, -and Burke stated that, in some respects, his ruin was to be attributed -to the abuses of this propensity, because it had led him into habits -which terminated in his greatest crimes. The organs of Self-esteem -and Firmness were also largely developed. It is mentioned in all the -Phrenological works, that Self-Esteem and Acqusitiveness are the grand -elements of Selfishness. The anterior lobe, or that in which the -intellect is placed, although small in proportion to the middle lobe, -was still fairly developed, especially in the lower region, which is -connected with the perceptive faculties. In accordance with this fact, -Burke displayed acuteness and readiness of understanding. He could -read and write with facility, and his conversation was pertinent and -ready. The upper part of the forehead, connected with the reflecting -organs, was deficient. The organ of Ideality, which gives refinement -and elevation, was exceedingly small; that of Wonder, which prompts to -admiration, is also deficient; and the organ of Wit is small. - -Here we find the organs, which, when abused, lead to selfishness, -cruelty, cunning, and determination, all large; but we have still -to account for the faculties which enabled him to act a better part -in life. Accordingly, Combativeness is considerably inferior to -Destructiveness in size, and Cautiousness is large. These, acting in -combination with great Firmness and Secretiveness, would give him -command of temper; and, accordingly, it is mentioned that he was by -no means of a quarrelsome disposition, but when once roused into a -passion, he became altogether ungovernable; deaf to reason and utterly -reckless, he raged like a fury, and to tame him was no easy task; -that is to say, when his large Destructiveness was excited to such an -extent that it broke through the restraints of his other faculties, -his passion was elevated into perfect madness. Farther, looking at the -coronal surface of the brain--the seat of the moral sentiments--we find -it narrow in the anterior portion, but tolerably well elevated; that is -to say, the organ of Benevolence, although not at all equal in size -to the organs of the animal propensities before mentioned, is fairly -developed. Veneration and Hope are also full; while Conscientiousness -is, in Phrenological language, “rather full,” or, in common speech, -not remarkably deficient. Love of Approbation also is full. In these -faculties, we find the elements of the morality which he manifested -in the early part of his life; and also an explanation of the fact, -remarked by all who saw him, that he possessed a mildness of aspect and -suavity of manner, which seemed in inexplicable contradiction with his -cold-blooded ferocity. If there had been no kindness at all in Burke’s -nature, this expression would have been an effect without a cause. - -The organ of Imitation is well developed; and it is mentioned in the -Phrenological works that Secretiveness (which in him is likewise -large,) in combination with Imitation, produces the power of _acting_, -or simulation. It is curious to observe that Burke possessed this -talent to a considerable extent. He stated that he was fond of the -theatre, and occasionally represented again the acting which he had -seen. _He_ also, and not Hare, was the _decoyer_, who, by pretended -kindness, fawning, and flattery, or by _acting_ the _semblance_ of a -friend, inveigled the victims into the den. This quality enabled him -also to _act a part_ in his interviews with the various individuals who -visited him in jail. He showed considerable tact in adapting himself to -the person who addressed him; and from the same cause it was sometimes -difficult to discover when he was serious and when only feigning. His -great Self-Esteem, Firmness, Cautiousness, and Secretiveness, produced -that self-command and unshaken composure which never forsook him during -his trial and execution. - -One of the most striking tests of the degree in which the moral -sentiments are possessed by a criminal, is the impression which -his crimes make upon his own conscience when the deeds have been -committed. In John Bellingham, who murdered Mr. Percival, the organ of -Destructiveness is very large, while that of Benevolence is exceedingly -deficient; and Bellingham could never be brought to perceive the -cruelty and atrocity of the murder. Burke, in whom Benevolence is -better developed, stated, that “for a long time after he had murdered -his first victim, he found it utterly impossible to banish for a single -hour the recollection of the fatal struggle--the screams of distress -and despair--the agonizing groans--and all the realities of the -dreadful deed. At night, the bloody tragedy, accompanied by frightful -visions of supernatural beings, tormented him in his dreams. For a long -time he shuddered at the thought of being alone in the dark, and during -the night he kept a light constantly burning by his bed-side.” Even to -the last, he could not entirely overcome the repugnance of his moral -nature to murder, but mentioned that he found it necessary to deaden -his sensibilities with whisky, leaving only so great a glimmering of -sense as to be conscious of what he was doing. He positively asserted -that he could not have committed murder when perfectly sober. - -Burke was considerably muscular, and in the cast with the hair shaven, -taken after death, the measurement of destructiveness is two-eighths of -an inch larger than the measurement taken during life, which must be -abated in the estimate of the organ. - - * * * * * - -We confess that we do not possess enough of science to enable us -either to vindicate or refute the reasoning contained in the above -developments. It is understood that a gentleman who has already -distinguished himself as an opponent of Phrenology, is to appear -again as an impugner of the doctrine given forth in the above -description, and questionless he will be replied to by the amateurs -of the science. One thing must be apparent in the above account, that -while Phrenology is pompously announced as “the only science of mind -which contains elements and principles capable of accounting for such -a character as that before us,” the utmost that is attempted is to -give a Phrenological description of the head, and to explain some -traits of the character of Burke, and to endeavour to reconcile some -discrepancies in the development, which seem not only inconsistent -with each other, but which, taken in connection with his character and -actions, would appear to any one but a Phrenologist to be positive -contradictions. - -It does not appear in this instance at least, that Phrenology possesses -any peculiar aptitude in accounting for such a character; as the -knowledge that a man may commit atrocious crimes and bear a different -semblance to the world; that he may be actuated by a powerful motive -at one time which gives place to another at a different season, and -that again yielding to a third, is a fact that was sufficiently known -before the science was promulgated, and would have been as intelligible -as Phrenology has made it though we had never heard of the science, -and merely telling us that such and such protuberances on the skull -denote such and such faculties, does not at all account for the -character. Many ignorant people also who cannot “view his character -with a philosophic eye,” might inform us, that frequently a man does -not get desperately wicked all at once, and that there is nothing very -uncommon in a person behaving tolerably well for a length of time, and -afterwards abandoning himself to the most profligate courses, neither -is it unusual with an ignorant man, when once roused into a passion, to -become “altogether ungovernable.” We have seen such a thing occur where -“large destructiveness” was never exhibited nor suspected. - -The learned Phrenologist then goes on to reconcile what has usually -been accounted incompatible qualities, his “full Benevolence and -large Destructiveness.” It is rather too much to assume that the -existence of the affection benevolence is sufficiently proved, even for -phrenological purposes, by quoting the story that Burke himself told -of his horror after committing the first murder. Surely, though this -tale was implicitly credited, the mere fact of a murderer’s slumbers -being haunted with the image of his victim for a brief space, cannot -prove the existence of benevolence; but we shrewdly surmise that the -whole is a fiction of Burke’s, and that he narrated it at a time -when the well developed organ of Imitation, combined with his large -Secretiveness, was excited to such a degree as to produce _acting_ -or simulation, and that it furnishes an illustration of “the tact he -showed in adapting himself to the person who addressed him.” We happen -to know that he spoke quite freely about this as well as his other -murders; that he went about it in the most cool and heartless manner; -that the two monsters not only enticed the poor old woman into the -house, and allured her with a show of kindness, but that they actually, -in this their first essay, when they were just about to perpetrate -it, jested upon the subject. Hare asking Burke “to go _ben_ and -see how his mother-in-law was this morning,” surely then was the time -for benevolence to exhibit itself, but we presume that his “large -Destructiveness was excited to such an extent, that it broke through -the restraints of his other faculties,” and forced him to suffocate a -helpless and infirm female, without even the miserable palliation of -having previously intoxicated himself for the purpose, and on the next -opportunity they could discover to perform the same bloody tragedy, -without being ever troubled with compunction or remorse, until his -organ of Imitation, in combination with Secretiveness, produced the -power of _acting, or simulation_, in the condemned cell in the -Calton-hill Jail. - -We suppose that this _acting or simulation_, of which so much is made -by the eminent Phrenologist, means neither more nor less than that -he was an accomplished liar, and that faculty seems to have been in -full operation when he averred, “that he could never entirely overcome -the repugnance of his moral nature to murder, but that he found it -necessary to deaden his sensibilities with whisky, leaving only so -great a glimmering of sense as to be conscious of what he was doing.” -“His moral nature” must have been of a very accommodating description, -if it could without repugnance allow him to prowl about continually -literally seeking whom he might devour, and “by pretended kindness, -fawning and flattery, or by acting the semblance of a friend, to -inveigle the victims into the den,” and when there, to entertain them -with a show of kindness and hospitality, and then prompt him “to -deaden his sensibilities with whisky” before it could permit him to -complete the scene. But perhaps it was his benevolence that induced -him to behave in this kind manner until the whisky should excite his -destructiveness at the moment that the sacrifice was prepared. - -But the truth is that there was neither “ungovernable fury” nor -intoxication to excuse or account for his murders; they were all -committed in cold blood, and without one palliating circumstance; and -although he might have been drunk when some of them were concluded, he -was generally sober during the preparatory process of kidnapping, and -instigating them to drink. - -He was continually drunk, because from his seldom working he had -leisure for drinking, and an abundant supply of money, and with these -he would have indulged in the same vice although there had been no -reason for “deadening his sensibilities.” - -The smallness of the organ of Wit is in direct opposition to -the notoriety for humour and drollery he had acquired among his -acquaintance. - -While we allow that Burke was not such a reprobate all his life, as -he was towards the close of it, we question whether he ever possessed -much of “the elements of morality,” even in his youth. An account has -been adopted which gives some colour to the opinion that his morality -was purer than the actual fact would warrant us to allow. We have -already stated in a former number, that he served only one gentleman -before entering the militia. This is on his own authority, and we -believe also, from the same source, he was never either a baker or a -weaver, so far from being three years a groom after his discharge from -the Donegal militia, he did not remain one year in Ireland, which the -dates will abundantly testify. He first proved unfaithful to his wife, -and as we have seen, afterwards deserted her and his children, on -discovering that his father-in-law properly appreciated the selfishness -and worthlessness of his character, and refused to trust him too far. -His living in adultery with the woman M‘Dougal, does not display great -attainments in morality, as in like manner, his unfaithfulness even to -her, and frequent brutal usage of her, cannot exhibit his benevolence -in a very favourable light. It is altogether too much to elevate this -unnatural and anomalous monster into a being possessing some of the -best and noblest attributes of humanity, merely that the dogmas of a -favourite pursuit should be supported. We opine, that the lauders of -the immaculate science must content themselves with the fame it has -acquired from the developments of former murderers, or alter the whole -systems of metaphysics heretofore received, should they not be able to -discover a new designation for the bumps they may find on a murderer’s -cranium. - - - - - PROCEEDINGS AGAINST HARE. - -After the trial and conviction of Burke, some very interesting -proceedings were instituted by the mother and sister of James Wilson -or Daft Jamie, the object of which was to bring him to trial for his -participation in the murder of their relative. These proceedings have -issued in the liberation of Hare after an argument and determination in -the High Court of Justiciary. This question has been regarded by some -persons as really of no material importance, because whatever might -have been the issue of it, means would have been adopted by the public -authorities for obtaining a pardon for Hare if he had been found guilty -under the contemplated prosecution. This circumstance does not, in our -apprehension, lessen the importance of the question, inasmuch as the -conviction and punishment of any single criminal, however atrocious, -is a matter of trivial moment when compared with the great and -constitutional principles of law which constitute the code of our -criminal jurisprudence. Viewing these proceedings therefore in this -light, there has rarely, if ever, been a question raised in our Courts -of Law, involving principles of more paramount interest, as it relates, -on the one hand, to the rights and powers of the Public Prosecutor, -which are, in other words, the rights and powers of the public; and -on the other hand, the rights and privileges of individuals aggrieved -by the perpetration of crimes, which affect their property and their -feelings. It became a matter of serious concernment to have it clearly -and well decided by the highest legal authorities, what are the extent -and limits of the Lord Advocate’s powers as Public Prosecutor, to enter -into compacts with associates in crime, whereby he may afford them an -immunity from punishment for participation in crimes, on condition of -their affording such evidence as may be requisite for the discovery and -punishment of offences, in cases, which from their very nature, can -neither be traced out nor established to conviction of the delinquents, -without such information and evidence; and how far such compacts may be -carried, without infringing the privileges of private parties, who are -by law entitled to sue in their own name, and for their own interests, -for redress of their individual wrongs? This is the question which has -been raised in the present instance, and which has now been solemnly -decided by the Supreme Criminal Court of this country. - - [Illustration: WILLIAM HARE, - as he appeared in the witness-box, taken in Court. - - _Published by Thomas Ireland Jun^r. Edinburgh._] - -The proceedings referred to originated in an application for Hare, to -the Sheriff of Edinburgh, on the 20th of Jan. 1829. His petition was to -the following effect:-- - -That of this date (November 10, 1828) he was apprehended on a warrant -of the Sheriff-Substitute, granted on the application of the Procurator -Fiscal of the county, and was committed to the jail of Edinburgh a -prisoner, on a charge of murder: That the petitioner was examined -before the Sheriff-Substitute of the county in relation to various -acts of murder alleged, or suspected to have been committed by William -Burke, then in custody, and other persons: That in the course of these -examinations, the petitioner was assured by the Public Prosecutor, that -if he made a full disclosure of all he knew relative to the several -alleged murders which formed the subject of inquiry, no criminal -proceedings would be instituted against the petitioner himself in -relation thereto, whatever might be the circumstances of suspicion -or apparent participation or guiltiness appearing against him: That -the petitioner was examined as a witness, and without the caution and -warning which it is the duty of the Judge-examinator to give to a -party accused, every time he is brought up for examination; and the -petitioner made a full and true disclosure of all he knew, and gave -every information he possessed, in relation to all the alleged murders -as to which he was examined; and this he did under the assurance of -personal and individual safety: That one of the alleged murders, as to -which the petitioner was so examined, was that of a person described -as James Wilson, commonly known by the name of Daft Jamie; and in -relation to that matter, as well as in relation to all the others, the -petitioner made a full and true statement, and gave every information -he possessed, whether relative to the alleged act of murder itself, -or the means of obtaining or tracing any circumstances of evidence in -relation thereto; and all this he did, relying on the assurance of -personal and individual safety above mentioned, and the compact and -transaction thence arising: That, in consequence of the statement and -information thus elicited from, and procured through the petitioner, -the said William Burke was indicted to stand trial before the High -Court of Justiciary in the month of December last, on a libel setting -forth three charges of murder, as to all of which the petitioner had -been precognosced as aforesaid: That one of these three charges was the -foresaid alleged murder of James Wilson, alias Daft Jamie: That the -petitioner was included in the list of witnesses for the prosecution, -annexed to the said libel; and he was cited to attend as a witness for -the prosecution, in relation to all the charges therein contained. The -libel was found relevant to infer the pains of law; and the Public -Prosecutor having proceeded to lead evidence against William Burke, -and another prisoner, as to one of the charges, (being the murder of -Mary Docherty), the petitioner was called in, sworn, and examined as -a witness for the prosecution. On that occasion the petitioner stated -many things in evidence which he would not have stated, and could not -have been required to state, but for the perfect assurance of personal -security given him by the Public Prosecutor, not only as to the murder -of Mary Docherty, but likewise from any prosecution as to the murders -charged in that indictment, and which was laid down and confirmed -from the Bench on the said trial. It was then stated from the chair -of the Court, as the decided opinion of the whole Bench present, that -the petitioner was fully protected by law against either trial or -punishment for any of the charges contained in that indictment: That -notwithstanding the compact with the Public Prosecutor, under which the -petitioner was induced to make disclosures of great importance to the -public interest, and to the administration of justice, but which were -calculated to involve himself in circumstances of suspicion and hazard, -in which he could not otherwise have been involved; and notwithstanding -the assurance of personal safety held out to the petitioner from -the bench, criminal proceedings have, within these few days, been -instituted against the petitioner, at the instance of Janet Wilson -alleged sister, and Janet Wilson alleged mother, of the said James -Wilson, _alias_ Daft Jamie, but who, the petitioner is informed, -and has reason to believe, do not truly possess these characters, and -have produced no evidence thereof; and he has been examined before the -Sheriff-Substitute as a party accused of that offence, and is now a -_close prisoner_ in the jail of Edinburgh, committed for further -examination as to that charge of murder: That, under the circumstances -above detailed, the petitioner is advised that the proceedings thus -instituted against him are incompetent, irregular, oppressive, and -illegal; and that the warrant on which he is committed at the instance -of the said Janet Wilson is illegal, and that he is entitled to -immediate liberation: That the petitioner has been informed, that the -said Janet Wilson, alleged mother, and Janet Wilson, alleged sister, -have applied for and obtained the authority of your Lordship to lead -a precognition and examine witnesses as to the petitioner’s alleged -guiltiness of the said charge. And that an _ex parte_ examination -of witnesses is actually going on under the authority and force of your -Lordship’s power and compulsitor, in absence of the petitioner, who -is shut up a _close prisoner_ as aforesaid. The petitioner has -been advised that this proceeding also is incompetent, irregular, and -illegal, and highly oppressive and injurious. - -The petitioner prayed the Sheriff, _inter alia_, to recall the -warrant on which the petitioner is committed, and to ordain him to be -set at liberty; also to put a stop to the foresaid precognition or -examination of witnesses, and to ordain the same, in so far as it has -already proceeded, to be delivered to the clerk of Court. - -Upon which the Sheriff pronounced an order for service immediately on -Mr. George Monro, solicitor, Supreme Courts, agent for Janet Wilson; -and appoints to-morrow, at two o’clock afternoon, for hearing counsel -or agents for the petitioner, and for Janet Wilson in the Sheriff’s -Office; and, in the mean time, sists farther proceedings in the -precognition at the instance of the said Janet Wilson. - -The case was accordingly heard by the Sheriff, when Mr. Jeffrey opposed -the liberation, and Mr. M‘Neill supported the petition. After hearing -counsel, - -The SHERIFF said, this is a new point. I have always understood the -right of the private party to be as great as that of the Public -Prosecutor. I do not think the private party is prevented from -investigating by any guarantee given by the Public Prosecutor; and -therefore refuse the petition for Hare, reserving his right to apply -to the Court of Justiciary, for which purpose I shall sist proceedings -for two days. The question is new and delicate, but I see no reason for -stopping proceedings. - -Mr. MILLER then stated that the respondent’s agent had got authority -from the Lord Provost to examine Burke, but just as he was about to -enter the prison, a note was put into his hand by the Governor from -the Magistrates, stating that until the judgment of the Sheriff was -known, access could not be given. The urgency of the case, and the -inapplicability of the objections to his examination were represented, -and the Sheriff thought proper to provide for Burke’s examination by a -note to his interlocutor, which was as follows: - -“_Edinburgh, 21st January 1829._--The Sheriff having resumed the -consideration of the petition for William Hare, and having heard -counsel for William Hare and the respondents, Janet Wilson, senior and -junior: In respect that there is no decision finding that the right of -the private party to prosecute, is barred by any guarantee or promise -of indemnity given by the Public Prosecutor, Refuses the desire of the -petition, but in respect of the novelty of the case supersedes further -proceedings _in the precognition before the Sheriff_, at the instance -of the respondents, till Friday night at seven o’clock, in order that -William Hare may have an opportunity of applying to the Court of -Justiciary.” - -“_Note._--The application which has been made to the Lord Provost for -liberty to see Burke, by the private prosecutors, is not before us, but -remains to be disposed of by the Lord Provost.” - -This judgment of the Sheriff was brought under review of the Court of -Justiciary by a bill of advocation, and of suspension and liberation -for Hare, which came on for discussion before the Court on the 26th of -the same month, when - -The LORD JUSTICE CLERK said,--After having heard the counsel, I have -now to state, that the Court have resolved, before giving their -opinions, in the first place to make an order on the Lord Advocate -to make any answer to this bill that he may see necessary. The Court -desire to decide this question in the gravest manner, after seeing -informations; and the counsel will make arrangements for giving them in -as speedily as possible. - -Informations were then ordered to be lodged on Saturday following. - -In obedience to this order of Court, answers for the Lord Advocate, -and Informations for Hare and the relatives of Wilson were accordingly -lodged; and their Lordships, on the 2d February, proceeded to pronounce -judgment on the very nice and important points of law embraced in the -discussion. - -The Lord Advocate’s Answer is as follows: - -The Respondent has not failed to observe the guarded terms in which -this order is conceived, calling upon him only to give such information -as he shall deem proper, and thus relieving him from the necessity of -questioning the power, even of this Court, to require, in this shape, -a disclosure of the grounds on which the Public Prosecutor has been -guided in the exercise of his official discretion. Influenced, however, -by those feelings of respect which the respondent has ever endeavoured -to evince towards this High Court, he readily submits the following -statement, in deference to their wishes, on so extraordinary a case. - -The murder of Mary Docherty took place on the night of Friday the 31st -October last; and on the evening of the following day, William Burke, -Helen M‘Dougal, William Hare, and Margaret Laird, his wife, were taken -into custody. On Monday the 3d of November, Burke and M‘Dougal were -examined before the Sheriff. These persons, as your Lordships have had -occasion to know, denied all accession to the crime. - -On the 4th of November, William Hare and Margaret Laird were examined -by the Sheriff. In the declarations then emitted by them, they both -positively denied all accession to the murder, and stated that Docherty -had not received any violence from any person in their presence. - -Hare and his wife were again examined by the Sheriff on the 10th of -November. - -They were a _third_ time examined on the 19th of November. - -At these examinations they firmly persevered in their former denial. - -The precognition having been completed, was laid before the respondent, -in order to be finally disposed of. A month had now elapsed since the -date of the murder; during which period the four prisoners had been -kept separately from each other, but no disclosure had been made by any -of them, either as to the alleged murder, or as to the participation -of any of the persons accused, in offering violence to the deceased. -After repeated and most anxious consideration of this extraordinary -case, it appeared to the respondent that the evidence, including the -examination of medical gentlemen, was defective, both as to the fact of -Docherty having been murdered, and as to who was the perpetrator of the -deed. Conceiving it of the greatest importance, for the satisfaction -and security of the public, that a conviction should be _ensured_, the -respondent did not feel justified in hazarding a trial, on evidence -which appeared to him to be thus defective. He well knew, from long -experience, how scrupulous a Scottish Jury uniformly is, in finding -a verdict of guilty where a capital punishment is to follow; and he -deemed it hopeless to look for a conviction, where the fact of a murder -having been committed was not put beyond the possibility of question. - -The only mode by which the information essentially awanting could be -procured, was by admitting some of the accused persons as witnesses -against the others. Another consideration of still greater importance -rendered this course indispensable. - -Some circumstances about this time transpired, which led the respondent -to dread, that at least one other case of a similar description had -occurred. In such circumstances he felt it to be his imperative -duty, not to rest satisfied without having the matter probed to the -bottom; and that he should, for the sake of the public interest, -have it ascertained what crimes of this revolting description had -really been committed--who were concerned in them--whether the whole -persons engaged in such transactions had been taken into custody, or -if other gangs remained, whose practices might continue to endanger -human life. Compared with such knowledge, even a conviction for the -murder of Docherty appeared immaterial. But such information could -not be obtained by bringing to trial all the four persons accused. A -conviction might lead to their punishment, but it could not secure such -a disclosure. - -After deliberately weighing all these matters it appeared to the -respondent then, as it does to him now, that in the exercise of a -sound discretion, and in the performance of his public duty, embracing -equally the interest of the community at large, and of the relatives of -injured parties, he had no choice left but to follow that course he had -adopted. - -The only matter for deliberation regarded which of the four should be -selected as witnesses. - -M‘Dougal positively refused to give any information. - -The choice, therefore, rested between Hare and Burke; and from the -information which the respondent possessed, it appeared to him then, as -it does now, that Burke was the principal party, against whom it was -the respondent’s duty to proceed. Hare was therefore chosen, and his -wife was taken because he could not bear evidence against her. - -This course having been resolved upon, an overture was made to Hare -by the authority of the respondent, with the view to his becoming a -witness, and the proposal which was so made to him--(and which did -not proceed from him)--was accepted. He was in consequence brought to -the Sheriff’s office on the 1st of December for examination, when, by -the authority of the respondent, he received an assurance from the -Procurator Fiscal, that if he would disclose the facts relative to -the case of Docherty, and to such other crimes of a similar nature -committed by Burke, of which he was cognisant, he should not be brought -to trial on account of his accession to any of these crimes. - -This assurance had no reference to one case more than another. It -was intended for the purpose of receiving the whole information which -Hare could give, in order that the respondent might put Burke, and -all others concerned, on trial for all the charges which might be -substantiated. In giving it, the respondent acted under the impression, -and on the understanding, that when offences are to be brought to -light in the course of a criminal investigation carried on at the -public instance, such assurance altogether excluded trial at the -instance of any private party. In its nature this assurance was thus -of an unqualified description, and was calculated to lead the party to -believe that the possibility of future trial or punishment was thereby -entirely excluded. The assurance was so meant to be understood. - -In consequence of this assurance, Hare emitted a declaration, detailing -the circumstances connected with the murder of Mary Docherty, and with -similar crimes, in which Burke had been engaged. Of these, the murder -of James Wilson, and of Mary Paterson or Mitchell, were two; and it was -from the facts which Hare so detailed, that evidence was obtained from -unexceptionable witnesses, of such a nature as enabled the respondent -to bring forward those two murders as substantive acts in the same -indictment which charged Burke with the murder of Mary Docherty. By -this proceeding, the respondent conceived that he had fully satisfied -not only the ends of public justice, but the rights and feelings of all -those who were connected with the unfortunate individuals thus referred -to. - -In the indictment, William Hare and his wife were inserted in the -list of witnesses, along with all those persons whose evidence the -respondent had been able to obtain in consequence of the disclosures -which Hare had made. When the respondent entered the Court on the day -of trial, it was his full intention to examine Hare and his wife as -to each of the three murders set forth in the indictment. How he was -prevented from so doing the Court is already aware. Had Burke been -acquitted of Docherty’s murder, the respondent must, in the discharge -of his duty, have proceeded to try him on the other two charges; and in -proof of both, Hare and his wife must have been examined as witnesses. -As it was, they were both adduced on the trial, and it was from the -information obtained from Hare, on the assurance of immunity, that the -respondent conceives he was enabled to secure a conviction. - -The warrant of imprisonment against Hare and his wife, at the public -instance, has since been withdrawn, in consequence of its having turned -out, after the most anxious inquiry, that no crime could be brought to -light in which Hare had been concerned, excepting those to which the -disclosures made by him under the above assurance related. - -In regard to the crimes so disclosed, whether they were included in -the indictment against Burke or not, the respondent having, in the -conscientious discharge of his duty, authorised the assurance to be -given which has now been stated, apprehends that he is legally barred -from prosecuting either of those persons at his instance, and he will -not make any such attempt. He need not add that he should strongly feel -such a proceeding, upon his part, as dishonourable in itself, unworthy -of his office, and highly injurious to the administration of justice. - -Having thus, in compliance with the order of your Lordships, given such -information to the Court as he has deemed proper, in regard to the -situation in which the Public Prosecutor stands, in reference to the -murders set forth in the bill of advocation, the respondent has only -to add, that, upon perusing the said bill, he finds no statement in it -which requires any answer on his part. - -The information put in for Hare states that the question now to be -resolved is, Whether the informant (Hare) is protected from farther -criminal process in order to punishment, for the murder of James Wilson -_alias_ Daft Jamie? It then narrates the facts and circumstances -which have given rise to the question, and states the legal grounds -on which Hare rests his application to the Court for liberation from -prison, and at great length proceeds to submit the grounds of his plea, -and concludes thus:-- - -The principles of law, and the direct and recent authority now stated -are sufficient, it is submitted, to govern this case. - -Even if the principle of law and the authority referred to had been -less plain and satisfactory than they are, the informant might, with -great confidence, have rested his case on the principles of “humanity, -justice, and policy,” which are said, on the other side, to be at the -foundation of the rule of law which secures protection to a witness -_socius criminis_, and which, indeed, pervade, and are interwoven -with, every part of the criminal law of Scotland, and may legally be -appealed to in the absence of any other guide. Every thing adverse -to these principles, and certainly every _novelty_ adverse to them, -must be repugnant to the spirit of the law. The proceedings which the -informant now resists are of this character; while the prayer he has -preferred to your Lordships is plainly in unison with those great -principles which are at the foundation of our criminal code, and are -intermingled with the administration of it. Your Lordships have before -you the case of a prisoner who has had the misfortune to be accused -by the Public Prosecutor of acts of murder, of which he may have been -innocent or guilty. Let it be taken either way. Suppose him to be, -as his adversaries describe him, a delinquent polluted by crimes of -the blackest die--one of a fraternity who conspired against the lives -of the lieges, and who carried on the work of blood with a secrecy -and a success which the firmest cannot hear without trembling, or the -hardiest without horror--let the prosecutors describe his character -and his crimes in any language they please--still, in his case, as in -every other, justice must be observed, and the law must be administered -in the spirit of humanity, and with a view to future consequences. -If he has really been a member of such a conspiracy as is alleged, -the greater is the benefit which he has conferred upon the public, -by laying open all the hidden acts and secret ramifications of that -confederacy, and the greater the danger to which, in the event of -trial, he has exposed himself by giving any information or any evidence -whatever in regard to any of its transactions and deeds. But he made -a compact with the representative of the interests of the public; -and he has given to the public, by their representative, the benefit -of all his knowledge of these transactions, in consideration of the -community having released him from all claim for punishment. This -compact having been acted upon--every information which the informant -possessed having been drawn from him--he having been publicly called -upon to appear as a witness in regard to the very murder now under -consideration--he having been placed in the witness-box, and having -publicly given evidence in relation to a part of those proceedings to -which he is said to have been accessary, and having thereby publicly -connected himself with the chief actor, whose conviction he ensured; -and having exposed the system, and laid open the sources of evidence, -and thus furnished the means of bringing himself to trial, if that -were competent--borne down with difficulties and surrounded by perils, -by which he would not otherwise have been environed--the strength of -his defence impaired or taken away--is it consistent with humanity, or -justice, or policy, that two individual members of the community, who -all the while lay by without giving notice of such intention, should -now come forward, to violate public faith, and to turn the information -given for the benefit of the public against the life of him who gave -it, in reliance on the compact he had entered into with the Public -Prosecutor? Every principle of humanity, of justice, and of policy, -is opposed to such a proceeding. There is no precedent--there is no -authority for such a proceeding. The informant acted in the belief -that he had secured his protection. The Public Prosecutor acted in the -belief that he was entitled to secure, and had secured to him, that -protection, and had done so for the ultimate benefit of the public, in -securing the conviction and punishment of an offender. If both parties -erred in their notions of the law, they erred in common with a quorum -of your Lordships’ number, discharging the most important duty of the -Supreme Criminal Court. If the law is now, for the first time, to be -declared against that understanding and opinion, let the operation of -this new declaration be confined to _future_ cases--but let not this -new state of things--this alteration of a deliberate judgment of the -Supreme Court, operate to the prejudice and injury of the informant, -when matters are, in respect to him, no longer entire. To do otherwise -would be productive of no good object. The ends of justice would not be -thereby promoted. The _public faith would be broken_, and, above all, -the informant _could not now have a fair trial_. These considerations -give him a sufficient claim to the interposition of your Lordships to -prevent further proceedings against him. - -The Information given in for the relatives of James Wilson is also of -great length. It is there stated-- - -1. That the right of the private party to prosecute is not controllable -by the Public Prosecutor, and is independent of him. - -The prosecutors state this as a fundamental and constitutional -principle in the criminal jurisprudence of Scotland. It is not an -antiquated right, as stated by the counsel for the prisoner, but is -recognised by the latest authorities, and is consistent with the most -fundamental principles of our practice. There can therefore be no -question as to the title of the prosecutors. They state themselves to -be “the nearest kinsmen of the deceased, demanding the vengeance of the -law on the body of the culprit if he is found to be a murderer.” - -Legally speaking, there are only two situations in which a prisoner can -actually plead indemnity in bar of trial, viz. Previous acquittal by a -Jury, or remission by the Crown. These are the two constitutional modes -of freeing an accused party from the consequences of alleged crime, and -either of them is an effectual bar to trial, whether at the instance -of the Public Prosecutor or of the private party. But the point which -the prosecutors are anxious to establish is this, that whatever may be -the nature of the private arrangement between the Public Prosecutor and -the criminal, and whatever may have been his inducement to give up his -right of calling upon him to answer at the bar of justice for the crime -of which he is guilty, that arrangement cannot deprive the private -party of his right to insist for the full pains of law. If the law -contemplated the power of the Public Prosecutor to deprive the private -party of his right to prosecute, by arrangements to which the latter -is no party, it had better declare at once, that the private instance -shall be at an end, because it virtually would be so. The assertion -of the prosecutors, however is, that their legal right to investigate -the circumstances attending the death of their near relation, and -to indict the accused party, if they shall find sufficient ground to -do so, cannot be interfered with by the proceedings of the Public -Prosecutor, in circumstances over which they have no control. They say, -that this doctrine must be held, because it flows as a necessary and -irrefragable consequence from the constitutional right of prosecution, -which has been proved to exist. If the right be in the private party, -how can it be wrested from them, by the communications which pass -between the criminal and a third party over whom they have no control, -but to whom, on the other hand, the law gives no power of depriving -them of that right of demanding justice and vengeance which it has -vested in them? - -In point of form, indeed, it is required that the Lord Advocate -should grant his concourse to a prosecution before the High Court -of Justiciary. But this form is established, not for the purpose of -showing that his permission to prosecute is necessary, but for the -purpose of showing that there is a public injury to be vindicated as -well as a private party to be satisfied. Accordingly, the Lord Advocate -has no right to refuse his concourse. If he should refuse, he can be -compelled to grant it, for this very reason, that it is not _in -arbitrio_ of him to deprive the private party of his legal right. -The law was so stated by Lord Alemore, on the complaint of Sir John -Gordon against his Majesty’s Advocate, June the 21st 1766, and the same -doctrine is laid down by our authorities.--[Here quotations in support -of the above doctrine are introduced from Burnet, p. 300; and from -Hume, vol. ii. p. 123.] - -The Prosecutors pleaded, II. That the _socius criminis_ is only -protected by the indulgence of the Court with regard to the particular -crime as to which he gives evidence. - -Formerly a _socius criminis_ was not received as an evidence in -the criminal Courts of this country, because of the interest which -he was supposed to have in establishing the guilt of the individual -accused, and thus freeing himself from the imputation of the crime; -and the practice which has lately crept in of affording an indemnity -to the witness, for the crime as to which he has given evidence, does -not appear to have been recognised until subsequent to the case of -Jameson in 1770. In the case, accordingly, of Macdonald and Jameson -in August 1770, when the objection of a witness having been _socius -criminis_ was fully debated, the Prosecutor in answer did not say -that the witness, by being examined, would thereby be exempted from -prosecution, but only that he might hope for impunity; while the usage, -at that time, of granting special pardon, to accomplices for enabling -them to give evidence, confirms what has been stated. At what period a -different rule came to prevail does not appear. Baron Hume conceives -that the practice may have commenced from the rule introduced by 21st -Geo. II. cap. 25, as to a particular offence. - -The doctrine maintained on the part of the prisoner is, that he is -relieved, not only from the consequences attaching to his participation -in the crime as to which he has been examined, but also as to others, -in regard to which the same parties may have been implicated, but which -have not been the subject of trial. This argument extends the doctrine -of indemnity much farther than it has yet been carried. For the -question underwent grave discussion, and the practice, as then followed -by Public Prosecutors and recognised by the Bench, is distinctly -stated by the Learned Judges in the case of Downie, who was tried -for high treason in the year 1794. The discussion arose upon certain -questions being put to a witness of the name of Aitcheson, tending -to criminate himself. The danger had been pointed out by the Counsel -for the prisoner, to which the course of the examination might lead, -as the witness might confess that which was sufficient to convict him -of the crime of treason. The doctrine laid down by the whole of these -Learned Judges is this, that for what the individual told the Court as -a witness, he could not afterwards be questioned; but they distinctly -state, that if the witness, after being put into the box, refuses to -answer, he would not have been entitled to any protection. - -[The information then goes on to narrate the trial of Burke, the -circumstances of which are already well known: after which it proceeds -to the examination of the suspender, Hare, as a witness on the trial.] -After administering the oath to the prisoner, who was brought forward -as a witness upon the trial alluded to, Lord Meadowbank stated to him, -“Now we observe that you are at present a prisoner in the Tolbooth -of Edinburgh, and from what we know, the Court understands that you -must have had some concern in the transaction now under investigation. -It is therefore my duty to inform you, that whatever share you might -have had in that transaction, if you speak the truth, you can never -afterwards be questioned in a Court of Law.” Lord Justice Clerk--“You -will understand, that you are called here as a witness regarding the -death of an elderly woman of the name of Campbell or M‘Gonegal.” -“You understand, that it is only with regard to her that you are now -to speak?” To this question, the witness replied by asking, “T’ould -woman, Sir?” Lord Justice Clerk, “Yes.” But what is perhaps of still -greater importance, it will appear that he was not permitted to -answer questions which might otherwise have been of importance to the -individual then upon trial, upon the ground that he would not be -protected upon so doing. - -From all which these facts are indisputably established, viz. 1st, That -the witness was examined as to no other murder than that of Docherty -or Campbell. And 2dly, That he was distinctly warned that he was not -bound to answer any question with regard to the other murders contained -in the indictment, because as to any other murder except that under -investigation, he was not protected by the Court. - -The present question therefore stands thus: Hitherto a witness has only -been protected from trial for the particular crime as to which he has -given evidence. The prisoner has given none as to the crime of which he -is now accused, and therefore he has not been placed in that situation -which entitles him to the protection of the Court. - - * * * * * - -When the Court met on 2d February, the Bill of Advocation for Hare -against the nearest of kin of James Wilson was called. - -Mr. Jeffrey, addressing the Court, said, their Lordships would not -suppose that he had any notion of resuming the argument, but the -case was brought to such a point that he might be indulged in making -one remark. It was maintained on the part of the suspender, that the -Public Prosecutor was entitled to make a compact, to which compact -their Lordships were bound to give effect; that their Lordships had -no discretion, but that it rested entirely with the Lord Advocate to -enter into any compact, and to extend immunity to any number of cases -without the control of the Judge; in short, that the Lord Advocate -possessed the uncontrolled power of exercising the Royal Prerogative; -and this he might do, not merely with respect to the particular crime -as to which a _socius criminis_ was to be used as a witness, but -might extend it to all other crimes of which he may have been guilty. -Whenever the Lord Advocate stipulated an immunity, it seemed to be -maintained that a sufferer by housebreaking, fire-raising, or other -crimes, was to be deprived of his right as a private party to prosecute -the guilty perpetrator of the wrong, and that the Lord Advocate had -a power to enter into a compact by which he could grant immunity for -offences past and future, known or unknown. Such a prerogative would -be investing the Public Prosecutor with a power of pardon, which only -belonged to the Crown, and this too without a tittle of authority, and -totally different from judicial authority, amounting to an assumption -of the prerogatives of Parliament. - -Mr. M‘Neill stated that he had no observations to make. - -Lord Gillies expressed his thanks to the Learned Gentlemen who had -argued this case. The papers were drawn with much care, and with an -ability and promptness which did them the highest honour. His Lordship -then alluded to the form in which the case came before the Court, and -the prayer of the Bill, and stated the question to be, Whether they -were to affirm the judgment of the Sheriff and refuse the prayer of -the petition to that Judge for liberation, or to grant it and liberate -the prisoner Hare? His Lordship considered the question of law to be -an undecided and open question. The facts which gave rise to it were -but too well known. They were of the most atrocious character--murders -committed, not from the ordinary motive of revenge, or of robbery, -or to escape from the punishment of other offences,--but its object -was indiscriminate murder for dissection, and cold-blooded traffic, -rendering the crime profitable in proportion to the number of its -victims. These atrocities seem to have attracted the notice of the -Lord Advocate, whose conduct, in all these proceedings, he considered -highly meritorious. We were all much indebted to that high officer -for the wisdom and prudence with which he had conducted the business. -There can be no doubt that the same feelings and wishes existed in -his Lordship’s mind as in that of every other man; and his Lordship -thought that if he could obtain the punishment of two, or even one of -the murderers, a great service would be rendered to the public. The -result too fully justified his Lordship’s measures. It became necessary -to collect evidence of these crimes, and a body of it had been -collected--such as could not, perhaps, be obtained in any other part -of the world; and what would the consequences have been if such crimes -had escaped altogether without punishment? It was for this purpose that -he caused the proposition to be made to Hare, which was stated in his -Lordship’s answer. And Lord Gillies expressed his entire approbation -of his Lordship’s conduct. The Lord Advocate gave his assurance of -pardon. That assurance was properly given. He had a power to promise -remission, and Hare was entitled to ask and bargain for it; and no man -can look into the case without being satisfied that Hare was entitled -to a remission for the important information which he had afforded to -the Public Prosecutor. On this very information the indictment against -Burke was raised, accusing him of three different acts of murder. -Annexed to that indictment Hare’s name was in the list of witnesses, -and he might have been examined on any one or all of the three charges. -The Court pronounced an interlocutor, limiting the trial to one of -these--the murder of Docherty. The only information Lord Gillies had -as to the trial was derived from the papers, and these referred to -opinions delivered at the trial, on which he could not venture to offer -an opinion, as he was not present. But in the information for Hare, -there was an explanation which was not satisfactory, of the opinions -which were said to be contradictory. Those opinions must have had an -effect upon the witness Hare in giving his evidence, and persons in -his situation were not to be supposed qualified to judge of the law. -The impressions, therefore, made on Hare by those opinions were more -important than the abstract law, as they must have regulated him in -giving his testimony, in as far as his belief that he was safe was -concerned. He would, therefore, without reference to what had passed -at the trial, express his own opinion whether or not the Court was -entitled and empowered by law to quash the proceedings in consequence -of what took place at the examination on the trial? His Lordship held -the right of a private party to prosecute for murder undoubted. The -information for Hare says it is an antiquated privilege. It was not -antiquated. He had himself been counsel in a case from Aberdeen; and -there were many cases of trial for forgery at the instance of Banks. -In Captain Macdonoch’s case from Aberdeen there was no objection -hinted at, either by counsel or the bench. It was a sacred right, as -much so as if exercised at the instance of the Lord Advocate. There -are not many cases of trial for assythment; and none are noticed in -the informations. It is due in three contingencies--when remission is -before trial--when the accused is tried by a Court Martial--and when -he is fugitate or outlawed. His Lordship would not say if in any other -case assythment might be found due. What prevents the relatives of the -poor lad Wilson from sueing? The same principles apply in this case -as if the person murdered had been the highest in the land. Are his -relatives to be controlled by the Public Prosecutor? Though Hare was -admitted as witness on the trial for Docherty’s murder, and promised -an immunity for his participation in it, the Lord Advocate can neither -defeat nor control the right of prosecution in Wilson’s relatives, -nor unless in a case where the witness promised an immunity has been -actually examined and borne testimony. If a prosecution at the instance -of the Public Prosecutor for murder is followed by death, that is -conclusive, and shuts out process at the instance of a private party. -If there is a remission, assythment is competent; and if there be an -acquittal, there can be no process. There is nothing of this kind in -the present case. His Lordship stated that the avowed object was to -bring Hare to trial--that the right to do so was clear, and he did not -know if the Court had any legal right to prevent it or to defeat it. -The practical result was important, as Hare would not suffer death. He -reprobated the plea that this case should be decided on principles of -humanity, justice, and policy. It was not what judges held to be such -principles--but what the law lays down that is to regulate them. The -true question is, Whether the Court has power to prevent the trial; and -he was satisfied that neither the law nor the constitution authorised -it. He went into a view of the history of the law upon the subject of -admitting _socii criminis_, and referred to the Act 21, Geo. II. c. 31, -as for the first time introducing what was previously unknown in our -law. He considered that act as a resting place in the progress of the -law upon the subject--and the only satisfactory one--and it was given -under limitations. It was afterwards extended, and he was not sure if -it was well and wisely done. His Lordship then referred to cases since -that time, and, after other illustrations, concluded by expressing his -opinion that the bill should be refused, and the investigations allowed -to proceed. - -Lord PITMILLY approved of the manner in which the case had been -conducted. He did not consider it necessary to take notice of -the proceedings at examination on the trial, of which there is -no authenticated record. The question was, whether they were to -stop proceedings or not--and he could not concur in Lord Gillies’s -views. As there were two ways to the same object, and as he had the -consolation to think that the practical result would be the same as -to the individual concerned, he should have been happy if he could -have concurred; but there was a principle involved which prevented him -from doing so. His Lordship took a view of the practice with regard to -_socius criminis_ in reference to the Public Prosecutor and to private -parties; and stated that the old law of this country excluded them. The -law of England admitted them from the first; but more recently our late -decisions and practice admitted them in every case. Such a system could -only be introduced gradually. His Lordship differed from Lord Gillies -in his view of the act Geo. II. c. 34, which introduced a particular -rule of law for a special case. It was not a general act, and laid down -no general rule, but rather an exception. The 20th section enacted a -rule different from that in 31, and the act could not be considered as -a resting place in the history of the law as to _socii_. His Lordship -then went into a review of the cases applicable to this point, and -the principle laid down in the case of Smith and Brodie had now been -uniformly acted upon for a period of upwards of forty years. The Lord -Advocate’s statement was highly satisfactory, and every one must agree -in approving of the whole course of his proceedings. His Lordship could -not, after procuring all the information which Hare afforded on the -faith of the promised immunity, turn round and proceed against him, -because he had not been examined on the two cases not brought to trial. -He next considered the right of the private party, and held that if it -was competent to proceed against Hare in the case of Wilson, it was -equally competent to proceed against him in the case of Docherty, at -the instance of private parties; yet it is admitted, that in the case -of Docherty the right of the private party is controlled, and must be -controlled. After a variety of other illustrations, which we regret our -limits will not allow us to repeat, in support of these doctrines, Lord -Pitmilly concluded by saying, that the purity and integrity of the law -and the faith of the Public Prosecutor, which, for the public good, -must not be broken, required that the liberation of the prisoner should -be granted, and the proceedings against him stopped. He felt most -intensely for the relatives of James Wilson--he sympathised with the -public in their feelings of detestation upon the subject of the murders -which had led to these discussions--but he felt more for the honour of -the country, which was bound to vindicate the faith of a great public -officer acting for the public welfare. - -Lord MEADOWBANK considered this a very important case as regarded -the consistency of the Court, and also as it affects the First Law -Officer of the Crown--and if he were under the necessity of refusing to -discharge the warrant of commitment against Hare, it would be to him a -subject of humiliation and endless regret. His Lordship differed from -his brethren, who considered the admissibility of a _socius criminis_ -as of modern introduction into the law of Scotland. He referred to the -authority of Lord Hailes, and the trials of Lord Morton, and the Gowrie -conspirators, to show that _socii_ were received as witnesses of old, -and that remissions had been given for the purpose of obtaining their -evidence. His Lordship went into an eloquent and learned illustration -of the antiquities of our criminal law in the days of the Justiciar, -and previous to the time that the Lord Advocate was invested with -his present power, and maintained that at no period in the law of -Scotland has a private prosecutor ever enjoyed the power of sueing a -criminal without being subject to control by the Public Prosecutor and -the Court; and he held that when the king created the Lord Advocate -Public Prosecutor, he also must be held to have invested him with all -the powers necessary for explicating the duties of his office. Among -these the power of remission of offences for the purpose of obtaining -information essential to the public welfare must have been transferred. -There never had been a prosecution of a _socius criminis_ at any -period in the history of the Court when he had obtained the promise of -indemnity from the Lord Advocate, and given information and evidence. -His Lordship was therefore for quashing the proceedings. - -Lord MACKENZIE said, although he had been anticipated in what he had -to offer on this subject, he considered it his duty to express his -opinion. As to the matter of form, he was of opinion that Hare was -competently before the Court--and it was necessary to decide whether -he had a sufficient protection by the compact with the Lord Advocate -against farther proceedings. He held that the calling of a witness -who was a _socius_ gives an implied protection, and this he held to -be fixed by the cases of Brodie and Smith, followed by all the cases -ever since. He considered that Hare had this protection both for the -case of Docherty and Wilson. The course of the Lord Advocate had been -most wise and expedient; and this wretched man, Hare, had acquired an -immunity in all the three cases, in consequence of the promise held out -to him. Considering the evidence adduced on the trial of Burke, it was -impossible to contemplate Hare’s escape without pain; but he must not -die by a perversion of the law, which would shake all confidence in the -fair and steady administration of justice. - -Lord ALLOWAY concurred in the views of Lord Gillies, and expressed his -opinion at considerable length. He applauded the Lord Advocate, who -had acted in a manner worthy of himself, and of the high office which -he held. His conduct had been distinguished for wisdom and firmness, -and he had not a doubt that the Lord Advocate was bound to go to the -Crown for a remission to Hare. The Crown, he held, was the only source -of mercy. His Lordship could not approve of any authorities drawn -from the practice of periods in our history which were a disgrace -and abomination--and he could not think of resting any of our law -on precedents drawn from the trials of Lord Morton and the Gowrie -conspirators. He heard that the trial on which Hare was examined was -only on the case of Docherty, not of Wilson; and if it was not the -case of Wilson, his examination in the other case afforded him no -protection. All other cases except Docherty’s were excluded, and there -was no other before the Jury. The Statute of Geo. II. was _in viridi -observantia_. His Lordship was for refusing the Bill. - -The LORD JUSTICE CLERK said, that considering this case as one of very -great importance, he had prepared his opinion upon it with great care -and anxiety, and as he had dictated it, he would now read it without -any apology. After some preliminary remarks, that opinion was expressed -in the following terms:--“From the statement of the Lord Advocate, it -is placed beyond all doubt, that, with a view to the public interest -alone, he resorted to the course therein detailed, and considering the -atrocious, extraordinary, and unexampled nature of the crimes to which -his attention had been called, the infinite importance of avoiding -the risk of the escape from punishment of all who _then_ appeared -implicated in these crimes, and the immense advantage of a public -example from a conviction, he did exercise a wise and sound discretion -in betaking himself to the evidence of Hare and his wife, and giving -the assurance stated in his answers. It moreover appears to me, that -the propriety and wisdom of the conduct of the Public Prosecutor in -regard to the important and delicate duty he had to perform, have been -most fully evinced by the result of the trial and conviction of William -Burke. If instead of following the course he did, he had indicted -Hare and his wife along with the other prisoners for the murder of -Docherty, (the Public Prosecutor having _then_, according to his own -statement, no sufficient information regarding the murders of Wilson -and Paterson) and had failed to obtain a verdict, against the certainty -of which not being the case no one will venture to give an opinion; -it may be considered what would then have been the feeling of the -public in regard to such a proceeding. Keeping the above circumstances -in view, and attending particularly to the nature and structure of -the indictment exhibited against Burke and M‘Dougal, charging the -single crime of murder, in the three specific acts of Mary Paterson, -James Wilson, and Mrs. Docherty or Campbell, all alleged to have been -perpetrated in the same way and with the same _intent_, viz. for the -sale of the bodies for dissection,--in the list of witnesses subjoined -to which Hare and his wife were included--the interlocutor of the Court -finding the _whole_ indictment relevant to infer the pains of law, -but upon the motion of the prisoners, allowing the separation of the -charges, and the trial then to proceed as to the murder of Docherty -alone--the subsequent direction, at the desire of the prisoners, -given to Hare, to confine his statement to the case of Docherty--the -examination which he then underwent, both for the prosecution and the -prisoners, is to be carefully attended to.” - -[His Lordship then took a most comprehensive and detailed view of the -law applicable to the case, which our limits will not permit us to give -at length, but the conclusion of it is so important that we must give -it to the public, as it affords explanations, which it is desirable -that every individual should be acquainted with in a case that has -excited so deep an interest.] - -“If then, the prisoner Hare is legally exempted from all prosecution -at the instance of the Public Prosecutor for any accession he may have -had to the three acts of murder charged in the indictment against -Burke and M‘Dougal, there seems no ground in law for maintaining -that he may still be prosecuted at the instance of the relations of -either of the three parties alleged to have been murdered. As to the -_speciality_ attempted to be founded on as to his not having been -examined with regard to the actual murder of James Wilson, it has -already been sufficiently adverted to, in reference to the supposition -of the Lord Advocate attempting to prosecute for that offence. The -nature of the indictment--the interlocutor finding the whole charges -relevant--and the almost identity of the modes of slaughter and intent -with which the three acts were perpetrated, and the general nature of -Hare’s evidence--have already been pointed out as demonstrating that -without a total departure from the fairness and justness that must -ever characterize judicial procedure, it is impossible to deny that -Hare did mix himself up with matter that had the closest affinity to -the other acts, the trial of which did not proceed at the time. It -is farther to be recollected that, in the list of witnesses, there -stand included various persons connected with the death of Wilson, the -discovery of whom, we have the assurance of the Public Prosecutor, -was made through the information of Hare alone, who did also make -such disclosures as led to the framing of that and the other charge -in the indictment. It is utterly impossible, therefore, to view Hare -as a person who had not spoken out or given _any evidence_, relative -to the crime for which he is now attempted to be tried. He can by no -possibility be replaced in the situation in which he formerly stood. -_Things are no longer entire with regard to him_, as has been justly -said. The public has derived the benefit that was expected from his -evidence, by the conviction and execution of this guilty associate; -and _the public faith that was pledged to him in the face of the -country_, and confirmed by the intervention of the authority of this -Court _must be preserved inviolate_. Such is the deliberate opinion -that I have formed, after the most careful and anxious consideration -of all that has been urged, both in speaking and in writing, upon -this important question, and a careful review of the authorities that -appeared to bear upon it. _The same opinion I formerly delivered in -a most important stage of the trial of Burke and M‘Dougal, with the -concurrence of my brothers who were then sitting with me._ I am free -however to admit, that notwithstanding this circumstance, it was my -bounden duty to re-consider that opinion with all due attention to -the able and elaborate argument that was offered against it by the -respondents’ counsel. I cannot, however, agree with them that the -opinion to which they objected, and were well entitled to object, was -one of an _obiter_, or passing nature, and not to be considered of -importance at this stage of the trial when it was pronounced. It was, -on the contrary, delivered to the Jury, as the opinion of the Court, -upon an objection urged in point of law, in the most earnest manner -by the counsel for the prisoners, and which, if well-founded, must -have gone to the destruction of the credit of the accomplices who -had given evidence. There can be no part of the duty of the Judge who -presides at a criminal trial more sacred than that of expounding the -law to a Jury, in reference to such an objection; and it is necessary, -therefore, that the opinion of the Court should be given in the most -unequivocal terms. It was accordingly given to the purport and effect -that is stated in the printed trial. As no man can say what effect that -statement of the law had upon the minds of the Jury,--as it may in fact -have led them to give such credit to Hare and his wife, as actually -brought about their verdict against Burke, and consequently that his -fate had been decided by it, I have no hesitation in declaring, that if -I had, upon reflection, been convinced that I had committed an error, -and delivered an erroneous opinion in law to the Jury, I should have -felt it to be my bounden duty, without the least regard to popular -feeling or clamour, to have made such a representation to the Secretary -of State, as might have led to an alteration of the sentence of the law -upon Burke. The opinion, however, which I did deliver, in my charge to -the Jury, so far from being shaken, has been strengthened and confirmed -by all that I have since heard or read upon the subject. I shall only -add, that if the objection to the credit of the accomplices, upon the -ground of their being actually liable to be tried for the two acts of -murder contained in the indictment, the trial of which had that day -merely been postponed, had been taken, as it ought to have been, when -Hare and his wife were offered as witnesses, the point would have been -fully argued, and solemnly determined by the Court. But as it was -withheld till the addresses to the Jury, every one knows that it could -not otherwise have been disposed of than by delivering an opinion upon -it to the Jury. I have but one word more to add with regard to the -supposed inconsistency between the opinions expressed by myself and my -brothers, in regard to a question proposed to be put to Hare, and that -which I delivered to the Jury. I must beg leave, however, to say, that -when the real _res gestae_ are attended to, no such inconsistency can -be found. I find from my notes, that the argument of the counsel “was -raised upon the question, _if Hare ever was concerned in the commission -of other murders_?” Upon the competency of that question, the opinions -of the Court were delivered, and those opinions must necessarily be -viewed as having reference to the question actually proposed, and the -injunction which the pannels’ own counsel had themselves desired should -be given to Hare, to confine himself to the case of Docherty. And I -well recollect of putting it to the counsel, that the witness must be -fairly dealt with, and of having stated, that if asked in regard to -the cases of Wilson and Paterson, his whole statement must be given, -whatever the consequences might be. When the examination was resumed, -I do not find that _the question is put in the precise terms on which -it had been argued_; and it was only at a later period that Hare was -asked, _if there was a murder committed in his house in October last_? -but as to which the opinion of the Court was not delivered. Whatever -shade of difference may therefore appear in the opinions regarding -these questions, and that which was advisedly delivered in the charge -to the Jury, and I am by no means surprised it has so struck some of -your Lordships, must fairly be ascribed, either to the imperfections -of the report of the trial, or to the course of proceeding that was -adopted at the suggestion of the counsel for the prisoners. I am, upon -the whole, of opinion, that the prayer of the prisoner’s bill ought to -be granted, and that it would be directly contrary to the established -practice of this Court, and the principles of our law, merely to -suspend the proceedings against him, in order that a pardon should be -obtained for his concern in the offences charged in the indictment, -upon which he was examined as a witness. Such would be the course -adopted by the judges of England; but, respecting as I do, that law and -its institutions, I do not, as a Scottish judge, feel myself warranted -to follow it on the present occasion. My opinion is, that it would be -equally incompetent to the first officer of the crown, as it is to the -private parties now before us, to institute any criminal procedure -against Hare, steeped in guilt although he be, in reference to the acts -contained in the indictment against Burke, and I can allow that opinion -in no degree to be influenced, _civium ardore prava jubentium_.” - -An interlocutor was then pronounced, passing the bill of advocation, -(thereby reversing the decision of the Sheriff), ordaining the -Magistrates and keepers of the jail of Edinburgh to liberate the -prisoner Hare from confinement, quashing the proceedings which had been -instituted with a view to bring Hare to trial at the instance of James -Wilson’s nearest of kin, and ordaining the precognitions already taken -for that purpose to be cancelled. - -Thus, in as far as Hare is concerned, these prosecutions connected -with the late murders are closed; and whatever may be the opinions -entertained out of doors with respect to the conflicting views of -the Judges upon the law of the case, it must be satisfactory to the -country to find, that although differing materially on many points -in the discussion, the Court were unanimous in approving most warmly -and decidedly of the Lord Advocate’s proceedings. And, however deeply -every virtuous man may lament that a wretch, who is so covered over -with crimes, should escape the hands of justice, this feeling ought -to be controlled by the recollection that even the guilty must not -suffer by stretches of the law, which might also be perverted in other -cases, to the ruin of the innocent--that, without the information -which Hare has afforded, not even one of the horrid crew of murderers -would have been convicted, or the means afforded of checking a hideous -system of murder--and that, by the course which the Public Prosecutor -has pursued, in giving one man immunity from punishment for such -information, a great benefit has been conferred upon society, for -which his Lordship is entitled to the gratitude of his country. As -to Hare himself, he is morally, and in the eyes of all mankind, a -self-convicted murderer. He is liberated for the present from the jail -and the gibbet--but he goes forth an outcast on the world, with a brand -on his forehead, that can never be effaced. Wherever his name is heard -by him, he will hear it amidst the execrations of mankind. His doom -hereafter it is not for man to anticipate. - -The delivery of their Lordships’ opinions in this interesting case -occupied the Court upwards of seven hours. The Court-room was crowded -during the whole time. - -In the former part of this account, we announced that some particulars -of the lives of each of the prominent actors in the black dramas should -be given. The press of matter that has since occurred, has hitherto -prevented this, but we now proceed to redeem our pledge, in so far as -one of them is concerned, by briefly mentioning such things as have -come to our knowledge respecting the notorious - - - - - WILLIAM HARE. - -This villain’s character apparently has presented few traits which -could interest any one previous to his great crimes. It may be judged -of by picturing the _beau ideal_ of a drunken, ferocious, and stupid -profligate. What few incidents have occurred in his miserable life, if -such there were, would also have been lost, by the insuperable aversion -every one previously acquainted with him seems to have in avowing even -a casual connection. While the acquaintance of Burke has been claimed -by many, and his habits and manners freely dwelt upon, all have shrunk -from an avowal of such an intimacy with his fellow monster, as would -justify them in depicting his character. After it was discovered that -Burke had, before his crimes, displayed some of the attributes of -humanity, and had borne a very different character from what his real -one turned out to be, it was assumed, that he had been made a tool of -by Hare, and that he was the tempter and arch-fiend who had lured him -on to his destruction, and instructed him in the hellish arts; and -Burke’s language favoured the idea. But Hare has since exhibited, along -with his hardened indifference and callousness, such a mental apathy, -such gross and unconceivable stolidity in his conduct and estimation of -his crimes, as to force us to the conclusion, that, however inclined -he might be to reach the climax of atrocity, he was not capable of -leading or directing any one, far less Burke, or initiating him in the -barbarous trade. - -In corroboration of this we may mention, that a celebrated literary -professor of our University, it is understood, visited both of the -murderers when in jail, and gave, as his opinion, that in comparison -with Burke, Hare was a perfect fool, and that he was convinced that he -could never be his instructor. - -He describes Burke to have been a very intelligent man, and one whose -conversation would give a great idea of candour and open-heartedness, -though his conduct displayed nothing like remorse or contrition. On -the contrary, he seemed happy that the Professor’s knowledge of -Innerleithen enabled him to talk of the kindness and charity towards -him of several individuals there. He talked of them so as to lead -the learned gentleman to remark, that “he understood perfectly well -what charity was though he did not practise it.” Hare’s behaviour -and conversation were perfectly different. He seemed not to possess -the slightest moral perception of the enormity of his conduct, and -described his guilty compeer as one of the best men in the world, who -would part any thing he had in the world with a beggar. His aspect -did not belie him; well might Mr. Cockburn describe him as a “squalid -wretch;” we scarcely ever saw a more disgusting specimen of human -nature, and both in his physical and moral conformation the brute -seemed to vie with the man for the ascendency. A continual idiotic -though diabolical laugh appeared to be upon his countenance, such as -might be imagined to characterize the lowest grade of fiends. - -He is a native of Ireland, and was born in the neighbourhood of -Londonderry, and after working at country work there he came to -Scotland and engaged as a common labourer upon the Union Canal, and for -some time assisted in unloading Mr. Dawson’s coal-boats. There he fell -in with Log the former husband of his notorious wife, and subsequently -came to lodge in his house. After the work at the canal was finished -he took up the trade of a travelling huxter, and with an old horse and -cart went about the country selling fish, and sometimes crockery-ware, -which he gave in exchange for old iron, &c. and sold it again to the -dealers in Edinburgh. He used also to go about with a _hurley_ selling -articles. Before Log’s death he had left his house in Tanner’s Close, -but returned again after this event, and assumed the privileges of the -master of the house, although Mrs. Log never was called by his name. He -then became a perfect pest to the inhabitants of the West Port, from -his debauched dissolute habits and reckless brutality. His conduct -would justify the oft-repeated allegation of an Irishman’s addiction -to fighting, as he was continually in a brawl. He never failed to -pick a quarrel upon any opportunity that offered, and an individual -looking at him was sufficient apology for a challenge to the combat. -Though a sorry pugilist, he was never tired until fairly disabled; and -the many drubbings he received, could not cure him of his pugnacious -propensities. If no adversary presented himself out of doors, he was -always sure of one within, and his wife and he were perpetually engaged -in conflicts. Though almost always intoxicated herself, his drunkenness -incited frequent attacks from her. Any of the neighbours would desire -a boy “to go and tell _Lucky Log_ that _Willie Hare_ was on the street -drunk,” and a fight immediately ensued upon their rencontre. - -In our account of the murders, we have already noticed the share that -he had in them, as well as his conduct upon the trial and immediately -subsequent to it, and it is unnecessary to repeat it here; we will -confine ourselves therefore, to some farther notice of his deportment -while in jail, and his adventures after liberation. At first, after -Burke’s conviction, he imagined that his detention was for the purpose -of protecting him, and was very easy and not at all troubled with -compunction; but after his confinement was extended to a period far -beyond what was necessary for immediate protection, he began to become -uneasy, which was increased when inquiries about the murders were -renewed. His behaviour indicated most unbecoming levity, as well as -imbecility. He apparently was incapable of comprehending any thing of -moral rectitude. - -On the last Sabbath of Burke’s life, and when his own case was pending -in the courts, he is said to have displayed the only symptoms of -feeling that he had suffered to escape him. It was during the discourse -of the Rev. Mr. Porteous, which, contrary to his usual custom, he -listened attentively to, and appeared affected when pointed allusion -was made to his compeer. - -On the 2d February, and probably within half an hour of the time -when the wretch would have been liberated, in consequence of the -judgment of the High Court of Justiciary, on his bill of advocation, -suspension, and liberation, a detainer was lodged against him at the -instance of the mother and sister of Daft Jamie, proceeding upon a -petition setting forth that the petitioners had a claim of assythment -against Hare on account of the murder of their near relative; that the -sum of five hundred pounds, or such other sum as might be modified, -was due to them by Hare on that head, and that, as the said William -Hare, a foreigner, was _in meditatione fugae_, and about to withdraw -himself forth of the kingdom with a view to disappoint their just -claim; wherefore a warrant was prayed for to take him into custody, to -bring him before the Sheriff for examination, and to take him bound -in caution _judicio sisti et judicatum solvi_. The petitioners having -taken the usual oath, Hare was consequently detained, and eight o’clock -the same evening was fixed for his examination. Accordingly, a little -after the hour appointed he was brought into an apartment of the jail -for examination, and a number of interrogatories were put to him; but -he preserved an obstinate silence in regard to all of them, except the -first, we believe, which related in some way to the murder of Jamie, -and in reference to which he growled out that he would say no more -about it. Several witnesses to whom he had communicated his intention, -after getting out of jail, to quit this country and return to Ireland, -were then called and examined. Among these was a prisoner of the name -of Lindsay, a brisk fellow, with a black scratch wig on the top of his -head, who proved distinctly that Hare meant to leave Scotland and -withdraw to some part of Ireland; and having finished his deposition, -volunteered his unqualified testimony in favour not only of Hare but -also of Burke. This fellow, whose misfortune as well as fault it is -to be alimented and housed at the public expense, and who is not yet -a man of _tried_ character, although it will soon, we understand, be -put to the test, observed that he knew both Burke and Hare well; that -in particular he had slept for a considerable time with the former -before his trial; and that he was decidedly of opinion they were _the -best Irishmen he ever knew_: from which we would charitably infer -that his acquaintance has been rather limited and somewhat select. -Several turnkeys gave evidence to the same effect with this _youth_ -as to the expressed intentions of Hare; and ultimately the Sheriff -granted warrant for the incarceration of the latter, until he should -give caution _judicio sisti_. When Hare discovered the turn things -were taking, he recovered the use of his speech, and said twice or -three times, “Ye’re no giving me justice; I’m sure, gentlemen, ye’re -no giving me justice.” Observing him getting the better of the caution -he had previously observed, several questions were put to him, without -however eliciting any satisfactory answers. “What would you do if you -were to get out of jail?” “I do not know; I must do something; I have -no money.” “Do you consider yourself in danger from the mob?” He gave -no audible answer to this question, though he seemed to be muttering -something. “Would you consider yourself safe in Edinburgh?” “No, I -would not consider myself safe in Edinburgh.” “Would you consider -yourself safe in any other part of this country?” “My mind and heart -tell me that I ought to be safe?” This answer excited some surprise, -for had it been competent to prove any thing except his expressed -intentions to quit the country upon his liberation, witnesses might -have been easily produced to whom he had admitted the murder, from -all prosecution for which he is now for ever free. The appearance of -Hare upon this occasion was more than usually hideous and forbidding. -The “squalid wretch” of the witness-box will not soon be forgotten -by those who happened to see him there; but on Monday night he was -incomparably more gruesome and growlish; for in order to facilitate the -operations of some Phrenologists, who had just finished taking a cast -of his head, his hair had been mown down to the very sconce, with the -exception of a fringe bordering the scalp all round, thus blending in -his appearance the ludicrous with the horrid in a way and manner that -defies all description. His behaviour, however, was rather dogged and -cautious than impudent or forward. When he first entered the apartment, -he seemed very much at his ease; but when he came to understand, -after repeated explanations, the object of the proceedings, he grew -exceedingly restless and fidgetty, neither his “mind or heart telling -him” that farther imprisonment was likely to prove either convenient or -salutary. Upon the whole, however, he is certainly one of the coolest -and most collected villains that ever lived; and we are convinced that -the only consideration which gave him a moment’s uneasiness is an -accidental vision of the gallows flitting across his imagination. To -this favour, indeed, we have little doubt that he will ultimately come. - - * * * * * - -The following admirable description from the graphic pen of John -M‘Diarmid, Esq. editor of the Dumfries and Galloway Courier, a -gentleman to whom literature is much indebted, furnishes every -particular that can be required of Hare’s proceedings after his -liberation from the Calton-hill Jail. - -We were roused from our bed on the morning of Friday the 6th of -February, by a messenger who stated that the miscreant Hare had arrived -in Dumfries. At first we could hardly credit the intelligence, after -what we had seen stated in the Edinburgh papers; but on repairing to -the coach office at the King’s Arms Inn, a little after eight o’clock, -we discovered that the news was too true. By this time a considerable -crowd had collected, and every moment added to its density. On being -admitted to the hateful presence of the man, we found him, as was -natural, exceedingly reserved on certain points, but sufficiently -communicative regarding others--particularly the means employed, as -he alleged, by certain authorities, to facilitate his escape to his -native country. At a little past eight on Thursday night, while a very -different impression prevailed in Edinburgh, he was released from -his cell in the Calton-hill Jail, and after being muffled in an old -camlet cloak, walked in company with the head Turnkey, as far as the -Post-Office on Waterloo Bridge, without meeting with the slightest -molestation. At this point his companion called a coach, and conveyed -him to Newington, where the two waited till the mail came up. The -guard’s edition of the story varies thus far--that he took up an -unknown passenger in Nicolson Street, and was ordered to blow the horn -there. But the difference is immaterial, and might easily arise from -Hare’s state of mind, and ignorance of the ever shifting localities -of Edinburgh. Be this as it may, he got safely seated on the top of -the mail, without challenge, and without suspicion. In the way-bill -he figured as a Mr. Black,--not an inappropriate name--and the tall -man who came to see him off, exclaimed, when the guard said “all’s -right,”--“good bye Mr. Black, and I wish you well home!” At Noblehouse, -the second stage on the Edinburgh road, twenty minutes are allowed for -supper, and when the inside passengers alighted and went into the Inn, -Hare was infatuated enough to follow their example. At first, however, -he sat down near the door, behind backs, with his hat on, and his cloak -closely muffled about him. But this backwardness was ascribed to his -modesty, and one of the passengers, by way of encouraging him, asked if -he was not perishing with cold. Hare replied in the affirmative, and -then moving forward, took off his hat and commenced toasting his paws -at the fire--a piece of indiscretion that can only be accounted for by -his imbecility of character. And little indeed was the wretch aware -that Mr. Sandford, advocate, one of the counsel employed against him -in the prosecution at the instance of Daft Jamie’s relations, was then -standing almost at his elbow. A single glance served all the purposes -of the fullest recognition, and as Hare naively enough remarked, “he -shook his head at me,”--we suppose it was a shake after the fashion -of the ghost in Macbeth, and that the wretch was so well aware of its -significancy, that he felt his blood freezing in its course, and that -his hair, if the phrenologists had left any remaining, would have -bristled “like quills upon the fretted porcupine.” When the guard blew -his horn, the associate of Burke managed to be first at the coach door, -and as there happened to be one vacant seat, was allowed to go inside. -But Mr. S. on coming forward, immediately discovered what had taken -place, and although something was said about the coldness of the night, -determinedly exclaimed, “take that fellow out.” Again, therefore, he -was transferred to the top, and then Mr. S. to explain perhaps his -seeming harshness, revealed to his fellow travellers--(two of our own -townsmen)--a secret which we devoutly wish he had kept. News, whether -good or bad, partake of the diffusive nature of light, and at Beattock, -the guard, and even the driver, became as learned as others, though not -half so close. Still as the hour was early, the night dark, and the -inmates asleep, no disturbance of any kind occurred until the tocsin -was sounded in this town. Each of our townsmen had a servant in waiting -to receive his luggage, and the moment Jack and Bill, Tom or Peter, -received a hint, the news flew like wild-fire in every direction. We -have already spoken of the crowd that had assembled shortly after -eight o’clock, and by ten it had become perfectly overwhelming. Nearly -the whole of the High Street was one continued mass of people, so -closely wedged, that you might have almost walked over their heads, -while Buccleuch Street was much in the same state; and to express -much in few words, the one, as far as numbers went, reminded us of a -great fair when the country empties itself of its population, and the -other of what takes place at an execution. The numbers of the people -are variously estimated, but the best judges are of opinion that -they could not be under 8,000. As it was known that Hare was bound -to Portpatrick, the mob every where evinced the greatest anxiety to -see him pass and pay their respects to him in their _own way_. But in -the interim of more than four hours, that elapses between the arrival -of the Edinburgh, and departure of the Galloway or Portpatrick mail, -hundreds if not thousands were admitted to see him; and if poll-tax -had been levied during the day, from the multitudinous visitors to the -wild beast, a large fund might have been raised for the purposes of -charity, though we question whether the poorest person in town would -have pocketed a farthing so ignominiously come by. The Edinburgh mail -arrived about twenty minutes before seven, and as the crowd were soon -on the _qui vive_, it became necessary to secrete Hare in the tap-room -attached to the King’s Arms. Here, from the first, he was surrounded -by a knot of drivers and other persons, and as ale was handed to -him, he commenced clattering to all and sundry, and drinking absurd -toasts--such as, “bad luck to bad fortune.” At this time he appeared -to be the worse of liquor; and when interrogated as to his personal -identity, he replied that he was indeed the man, and that “there was -no use of denying it now;” but all questions regarding his crimes he -evaded, by stating that “he had said enough before”--“had done his duty -in Edinburgh,” &c. &c. To have pressed him on such points would have -been the height of folly, for even if he had been disposed to speak -out, no reliance could have been placed in his statements; and just as -ill-timed, in our opinion, were the threatenings addressed, and the -reproaches showered upon him by a variety of persons. Betwixt nine and -ten o’clock an intelligent gentleman visited Hare, and shortly after -he was taken into a closet off the tap-room, and left in the presence -of three individuals. After various questions, touching chiefly his -early history, in the course of which he stated that he had almost no -money, and had tasted no food from the time he had left the prison, the -gentleman alluded to gave him a sovereign, and this piece of kindness -seemed to surprise him so much that he actually burst into tears, -though his bearing had been sufficiently unflinching before. When this -visitor retired, those without forced the door, and crowded the closet -to suffocation. In an instant Hare was nosed, and squeezed into the -smallest possible corner, and strongly reminded us of a hunted fox -when he stops short, turns round, shows his teeth, though unable to -fly, and vainly attempts to keep the jowlers at bay. In the absence of -the police, his situation was far from being free from danger; and -amidst a dreadful torrent of other imprecations “Burke him! Burke him!” -resounded so loudly, that we actually believed he would be murdered on -the spot. One old woman--the only one in the crowd--was particularly -emphatic and ferocious in her gestures, and seemed anxious to get -forward to strike “the villain” with the butt-end of a dirty ragged -umbrella. But she could not make her way through the crowd; and lucky -it was for the object of her abhorrence; for mischief, like fire, needs -only a beginning, and if but one individual had set an example of -violence, we believe it would have been very generally followed. When -the police arrived, the room was cleared, and Hare re-conveyed to the -tap-room, where crowds continued to visit him, almost up to the hour, -(eleven o’clock) when the Galloway mail was expected to start. With -a view to this, the inn yard was cleared not without difficulty, the -horses put to, and the coach brought out; but the mob, who, Argus-like, -and with far more than _his_ eyes, anxiously watched every opportunity, -had previously taken their plans almost by instinct, and their aspect -appeared so truly threatening, that it was impossible to drive the mail -along the High Street, if Hare was either out or inside, with safety -to any person connected with it. In these circumstances, and while two -passengers were sent forward a few miles in gigs, the coach started -perfectly empty, if we except the guard and driver, and one of Bailie -Fraser’s sons, who seemed anxious to protect his father’s property. -The crowd opened and recoiled so far, and the tremendous rush--the -appalling waves on waves of people--far exceeded in magnitude and -intensity, any thing we ever witnessed in Dumfries before. When near -the post-office, the coach was surrounded, the doors opened, and the -interior exposed; and though this proceeding served to allay suspicion, -the cry soon resounded far and wide that the miscreant, who was known -to be a small man, had managed to squeeze himself into the boot. We -have said that the mob had concocted a plan, and from all we can learn, -their resolution was, to stop the mail at the middle of the bridge, -and precipitate Hare over its goodly parapet into the river. Failing -this, they had fully determined to way-lay the coach at Cassylands -toll-bar, and subject him to some other species of punishment; and in -proof of this, we need only state, that they had forcibly barricaded -the gates. But when it became obvious that Hare was neither in nor on -the mail, the guard and driver were allowed to proceed; and we here -mention, that Mr. Fraser, jun. while returning home on foot, was hooted -and threatened, merely from having been upon the top of the mail. Even -those who interfered in his behalf, were exposed to a shower of mud, -and ourselves among others, was so honoured for daring to take the part -of an unoffending citizen. But that is a matter of no moment, otherwise -we could tell a number of similar tales. Hare, as we have said, was -not allowed to go by the mail, and when that fact became generally -known, group after group continued to visit the monster’s den, though -policemen with their staves guarded the mouth of the King’s Arms Entry, -kept the mob at bay, and only admitted whom they pleased. By these -successive visitors, he was forced to sit or stand in all positions, -and cool, and insensate, and apathetic as he seems, he was occasionally -almost frightened out of his wits. Abuse of every kind was plentifully -heaped on him, as the only fitting incense that could meet his ear; and -one woman, it is said, seized him by the collar, and nearly strangled -him; while a sturdy ostler who happened to be present, though perhaps -not at the same moment, addressed him in these emphatic words--“Whaur -are ye gaun, or whaur can ye gang to?--Hell’s ower good for the like -o’ you--the very deevils, for fear o’ mischief, wadna daur to let ye -in; and as for heeven that’s entirely out o’ the question.” Another man -told him that he should never rise off his knees, and many that “he -should hang himsel’ on the first tree he cam’ to.” On one occasion he -was menaced by a mere boy, while others urged him on and took his part, -and at this time he became so much irritated that he told them “to come -on and give him fair play.” A second time when pressed beyond what he -could bear, he took up his bundle and walked to the door, determined, -as he said, to let the mob “tak’ their will o’ him.” In this effort, -he was checked by a medical man; but it would be endless to repeat all -that occurred while Hare remained a prisoner in the tap-room. - -During the whole forenoon Mr. Fraser was apprehensive for the safety -of his premises, and naturally anxious to eject the culprit who had -rendered them so obnoxious. In fact, the whole town was so completely -convulsed, that it was impossible to tell what would happen next, and -in these circumstances, and after due deliberation, on the part of our -magistrates, who had a very onerous duty to perform, an expedient was -hit on and successfully executed, though the chances seemed ten to -one against it. Betwixt two and three o’clock, a chaise and pair were -brought to the door of the King’s Arms Inn, a trunk buckled on, and a -great fuss made; and while these means were employed as a decoy-duck, -another chaise was got ready almost at the bottom of the back entry, -and completely excluded from the view of the mob, if we except a posse -of idle boys. The next step was to direct Hare to clamber or rather -jump out of the window of his prison, and crouch like a cat along the -wall facing the stables, so as to escape observation. This part of his -task was well executed, and the moment he got to the bottom and jumped -into the chaise, the doors were closed and the postilion ordered to -drive like Jehu. And rarely has a better use been made of the whip; and -never perhaps, in the memory of man, did a chaise rattle so furiously -along the streets of Dumfries. To pass Mr. Rankine’s, and round the -corner at Mrs. Richardson’s brewery, was literally the work of a few -moments, and here the turn was taken so sharply, that the chaise ran -for some time on two wheels, and had very nearly been overturned. Had -it really upset, Hare, to a certainty, would have been torn to pieces; -but the driver knew that he was engaged in a very perilous service, and -proceeded onwards at a prodigious pace, lashing right and left all the -while. The mob by this time had become suspicious that a manœuvre of -some kind was in the act of being executed, and as the chaise-driver -had a considerable round to make, they moved in a twinkling, and in -prodigious masses, with the view of intercepting him about the middle -of the Sands. The rush down Bank Street baffles all description, and -can only be compared to the letting out of waters, or rather to the -descent of a mighty cataract. Even from the opposite side of the river, -numbers, when they witnessed the speed of the chaise, immediately -suspected what had taken place, and rushed with such fury across the -Old Bridge, that the driver ran the greatest possible risk of being -outflanked and surrounded on every side; and nothing, in fact, but the -mettle of his steeds, and the willing arm that urged them forward, -saved his passenger from instant death, and himself, perhaps, from -a terrible sousing. At every little interval he was intercepted and -threatened; and though Hare endeavoured to keep up the near pannel, -and also cowered down to be out of harm’s way, three stone were thrown -at, and entered the chaise--one of them heavy enough to have knocked -his brains out. “Stop! stop! let the murderer out!” were shouted by a -hundred voices at once; and while some stood still from inability to -run, others immediately supplied their places, and closed up almost -with the speed of thought, nearly the whole wake of the careering -vehicle. As an impression prevailed that the driver meant to gallop -out the Galloway road, there was a general rush to the western angle -of the New Bridge, and this mistake operated as a diversion in his -favour. Nor were the few moments gained mis-employed. The sharp corner -of Dr. Wood’s laboratory was cleared almost at a single bound, and as -he had then a broad street before him, nothing could well exceed the -fury with which he drove up to the jail door. Mr. Hunter had previously -received his clue, and though a strong chain was placed behind the -door, an opening was left to admit the fugitive; and into this gulph -he leapt, hop-step-and-jump--a thousand times more happy to get into -prison than the majority of criminals are to get out of it! His escape -enraged the mob greatly, and the scene of action must now be shifted -from the King’s Arms Inn to the neighbourhood of the jail. As their -numbers increased, they laid regular siege to this place of safety, -preventing all ingress or egress excepting at considerable personal -risk. From four to eight o’clock nothing but clamour and rioting were -heard; and at night fall they smashed and extinguished the nearest gas -lamps, for reasons that may be easily enough conceived. The ponderous -knocker of a most ponderous door was wrenched from its socket by main -force, and successive showers of stones thrown with such violence -into the court-yard, that the chimney cans of some of the buildings -were broken. For want of a better battering-ram, the same means were -tried to force the entrance to the jail, and the rebound of the stones -was so loud, incessant, and long continued, that the inhabitants -of Buccleuch Street were under the greatest apprehensions for the -safety of their dwellings. Though the militia staff and police exerted -themselves to the utmost, their numbers were inadequate to preserve -proper order; and it was not till near eight o’clock, when a hundred -special constables were sworn in, and appeared armed with batons on -the spot, that the peace of the town was re-assured. Previous to this, -nearly the whole front windows of the court-house were smashed, as well -as a few in an adjoining building, though that, we believe, occurred -by accident. By some, too, it was proposed to pay a similar compliment -to every doctor in town, and by others to provide tar barrels and -peats for the purpose of firing the doors of the jail. Indeed, from -what we have heard, it seems nearly certain that the latter scheme -would have been carried into execution, and that nothing prevented -the jail from being partially burnt and sacked, but the swearing in -of the special constables--a measure that should have been adopted -some hours earlier. In spite of the noise occasioned by the uproar and -ceaseless hum of human voices, Hare was in bed and sound asleep; and -we dare say our authorities were a good deal puzzled what to do with -him, and very heartily banned the cause that had led him to pollute -Dumfries with his hateful presence. During the whole day, business -had been interrupted, if not suspended, and it was feared, if he -remained overnight, that the scenes of Friday would be renewed and -aggravated, by large importations of persons from the country. Still -so long as the streets leading to the jail, and other parts of the -town were in a state of commotion, it seemed next to impossible to get -out of the way, and if the mob had remained firm to their purpose of -keeping vigilant watch and ward, we know not what would have been the -final result. But as the night waxed their resolution cooled, and at -one o’clock on Saturday morning not a single individual was seen in -Buccleuch Street beyond those on official duty. As the opportunity was -too good to be lost, Hare was roused from his troubled slumbers, and -ordered to prepare for his immediate departure. While putting on his -clothes he trembled violently, and inquired eagerly for his cloak and -bundle. But as these articles were not at hand, he was told that he -must go without them, and thank his stars into the bargain that he had -a prospect of escaping with whole bones. As the whole population of -Galloway were in arms, and as the mail had been surrounded and searched -on Friday at Crocketford toll-bar, and probably at every other stage -betwixt Dumfries and Portpatrick, it was in vain to escort him across -the bridge; and in these circumstances he was recommended to take -another route. He at once consented, and after being guided to Hood’s -loaning by two militia-men and a Sheriff’s officer, and fairly put on -the Annan road, he was left to his own reflections and resources. At -three o’clock he was seen by a boy passing Dodbeck, and must have been -beyond the Border by the break of day, though a report was circulated -on Saturday and Sunday, that he had been discovered at Annan and stoned -to death. But this mistake was corrected yesterday by the driver of the -mail, who reported that he saw him at a quarter past five on Saturday -evening, sitting beside two stone-breakers on the public road, within -half a mile of Carlisle. As the coach passed he held down his head, but -the driver recognised him, notwithstanding, as well as a gentleman who -was on the top of the mail. The news soon spread, and as a number of -persons went to see him, he was told he would be murdered if he went -into Carlisle; and although he appeared completely “done up,” he turned -off by the Newcastle road, and doubtless made his bed in the open -fields. - -Since writing the above, we have learnt that Hare was seen on Sunday -morning last, at a small village about two miles beyond Carlisle. -During the preceding night, he had slept, as is believed, in an -out-house, and seemed to be moving onwards trusting to circumstances, -and without any fixed purpose, if we except the wretched one of -prolonging, as long as possible, his miserable life. In England he -is certainly much safer than in Scotland, particularly since the -publication of Burke’s confession; but still it is hardly possible, -and certainly not desirable that a wretch such as he is--steeped to -the very chin in blood--should find a permanent resting place for the -sole of his foot in any part of the British dominions. While a late -great fugitive found only foes in the officers of justice, almost -every man is naturally and irresistibly the enemy of Hare; and, -perhaps, since the days of our first parents, there never existed a -human being, of whom it could be said with less justice, “the world -is all before him, where to choose his place of rest.” Like the first -murderer, he bears a mark about him, which even those who run may -read; and seared and ossified as his conscience may be, there is a -worm gnawing at it, that will never die; and we fondly hope, that the -intense moral loathing--the universal execration--the curses deep -as well as loud--excited by crimes, which make humanity turn pale, -will have more effect than a hundred acts of Parliament, in blotting -out similar crimes from our calendar, and restoring Scotland to its -wonted propriety. Still we rejoice that our Magistrates were firm -and enlightened enough to prevent any thing like personal violence -from being offered to the miscreant in this town; a feeling which, if -necessary, we could justify on a thousand and one grounds. It has been -often said that most of the horrors of the French Revolution might be -ascribed to the first deliberate murder which the populace were allowed -and encouraged to perpetrate, and that ever after they appeared to be -as insatiable in their thirst for vengeance, as the lion is that has -once lapped human blood. If Providence, when he interfered specially -in the affairs of the world, left Cain to wander homeless on the face -of the earth, why may not Hare be subjected to the same species of -punishment? and without wishing to refine too far, we may say, as the -Roman said long ago, “every thing must bow to the majesty of the law; -and that from the weightiest circumstance down to the smallest, there -is a medium course--a middle path--beyond which no rectitude can exist.” - - - - - HARE’S APPEARANCE, &c. - -We believe we speak within bounds, when we say, that scarcely an -individual among the thousands who visited Hare here, could have -identified him from the descriptions given in the Edinburgh papers; -and still less from the caricatures in the shape of wooden blocks or -cuts, which, when daubed over with printer’s ink, were palmed on the -public as excellent likenesses.[6] Close confinement may have made him -thinner, and terror and reflection more subdued; but his features, -of course, remain unaltered; and in place of the _goulishness_, -_squalor_, and _ferocity_, upon which the changes have been -wrung so long, the people in this quarter could only recognise the -contrary characteristics of apathy, vacancy, and mental imbecility. -His eyes are watery, curiously shaped, and have certainly a -peculiarity about them, which seems to hover betwixt leering and -squinting; the forehead is low, as in all murderers; combativeness is -large--destructiveness middling; the nose, mouth, and chin, very vulgar -and common-place; and his countenance, on the whole, though it may -betray more or less of what we may call a sinister dash of expression, -indicates anything but intense ferociousness. The common remark was, -that “he was a poor silly-looking body;” and nothing can better -describe his appearance; for though Hare is certainly no beauty, every -one has seen hundreds of uglier men. He can neither read nor write, -and his mind, in other respects, is just as untutored as an Esquimaux -Indian’s. What is called the moral sense, seems in him to stand below -_zero_; and in this opinion we are borne out by all the medical -gentlemen who had an opportunity of seeing and conversing with him -here. He is five feet six inches high, and weighed, he says, at one -time, 10 stones. When his venerable, and we understand, respectable -mother, visited Edinburgh about a fortnight after he was apprehended, -she stated that he was about twenty-five years of age, and this part -of his personal history he seems only to know on her authority. He is -a native of Armagh, though he refused to tell the particular parish. -His father, who is dead, was a Protestant; his mother is a Catholic; -and though he never cared much about the matter, and either could -not, or would not give the name of the priest he attended, he seems -inclined to prefer his mother’s religion. He has two brothers and two -sisters alive. He came to Scotland ten years ago, and after landing at -Workington, travelled to Newcastle, &c. He worked seven years with Mr. -Dawson, at the canal boats, Edinburgh, and two years with Mr. Johnston, -quarryman. He married more than two years ago, and has two children. -His wife, he says, was lately in Glasgow, and got somebody to write -a letter to the governor of the jail, stating particulars “which are -nobody’s business,” and suggesting an arrangement for meeting her -husband in some part of Ireland. With regard to Burke, his statements -were so loose and contradictory, that we question whether any one heard -him say the same thing twice over. Sometimes he denied, and sometimes -admitted that he had seen his confession; sometimes hinted that the -whole truth was not yet known, and at others that far more had been -said than was true. To one person he averred that he had only witnessed -two murders; and he was only, perhaps, consistent in this, that he -seemed uniformly willing to blacken his associate, and whitewash -himself. Burke’s statement that his female associate had no knowledge -of the murders committed, goes far to damage his whole testimony, -and if both assassins had been confessed and gibbetted, we question -whether the truth could have been got at between them; and though we -think it right to give the above particulars, we would not, for our own -parts, believe a single word that Hare says, where the circumstance -he speaks to is at all material, if unsupported by other evidence. To -one gentleman who pressed him pretty closely, he positively declared -that he believed that even Paterson himself was ignorant of the manner -in which _they_ (meaning, of course, Burke and himself), came by -so many subjects. A great number of persons were certain that they -had seen Hare before, and one or two farmers insisted that he had -worked as a reaper on their lands. But he denied ever having been in -Dumfries-shire or Galloway, and it seems probable that this is the real -truth, otherwise it is very difficult to explain why he did not leave -the mail at Albany Place and proceed to Portpatrick quietly on foot, -before the hue and cry was raised here. To one of the individuals who -saw him out of town, and who strove to open his eyes to the enormity of -his guilt, he remarked, as soon as he could speak from terror, “this -has been a terrible day for me.” “Yes,” said the other, “more terrible -than any day I ever witnessed in Dumfries, and all owing to your own -character.” To this he seemed to assent, and added emphatically, “I see -it now.” Again the other enforced the great duty of repentance, and -found him, for the moment, apparently penitent, though he soon recurred -to his worldly prospects, and said, “it’s of no use going to my own -country--or indeed anywhere.” On this his guide advised him to try and -get to the South, and inlist as a private in some of the regiments -of the East India Company. His answer was, “God knows what I will -do, though I must do something.” And here he went on his way, after -offering to shake hands with the officers, and thanking them for seeing -him out of town. - - * * * * * - -Hare has not been heard of since the morning of Sunday the 8th Feb. It -is probable that he has found his way to Liverpool, where a passage to -Dublin could be readily procured, or that he has embarked at one of -the Cumberland ports. By this time he may be in Ireland, where he can -hide his guilty head with less fear of detection. We may hope that his -presence will never again pollute our soil. - - - - - CONFESSIONS OF WILLIAM BURKE. - -That our readers may not be disappointed, we print entire the -confessions of Burke as received by the Sheriff, as well as the more -complete one obtained by the Courant newspaper. The account of his -crimes contained in our memoir was so full and correct, that these -might almost have been spared; but even at the risk of incurring the -charge of repetition, we present whatever possesses interest. - - - LETTER FROM THE SHERIFF TO THE RIGHT HON. THE - LORD PROVOST. - - _Sheriff’s Office, Edinburgh, Feb. 5, 1829._ - - MY LORD PROVOST, - -As it is now fully understood that all proceedings of a criminal nature -against William Hare have terminated, it has appeared to the Lord -Advocate, that the Community have a right to expect a disclosure of the -contents of the Confessions made by William Burke after his conviction. -I have, therefore, been directed to place those Confessions in your -Lordship’s hands, with a view to their being given to the public, at -such time, and in such a manner as you may deem most advisable. - -Your Lordship is already aware that the first of these Confessions was -taken by the Sheriff-Substitute, on the 3d day of January last, in -consequence of Burke having intimated a wish to that effect. The second -was taken on the 22d of the same month, a few days before Burke’s -execution; and in order to give it every degree of authenticity, Mr. -Reid, a Roman Catholic Priest, who had been in regular attendance on -Burke, was requested to be present. - -It may be satisfactory to your Lordship to know, that in the -information which Hare gave to the Sheriff on the 1st of December last, -(while he imputed to Burke that active part in those deeds, which the -latter now assigns to Hare,) Hare disclosed nearly the same crimes in -point of number, of time, and of the description of persons murdered, -which Burke has thus confessed; and in the few particulars in which -they differed, no collateral evidence could be obtained calculated to -show which of them was in the right. - -Your Lordship will not be displeased to learn, that after a very full -and anxious inquiry, now only about to be concluded, no circumstances -have transpired calculated to show that any other persons have lent -themselves to such practices in this city, or its vicinity; and -that there is no reason to believe, that any other crimes have been -committed by Burke and Hare, excepting those contained in the frightful -catalogue to which they have confessed. - -In concluding, I need hardly suggest to your Lordship the propriety of -not making those Confessions public, until such time as you are assured -that Hare has been actually liberated from Jail. I have the honour to -be, My Lord, your Lordship’s most obedient humble servant, - - AD. DUFF. - - _The Right Hon. the Lord Provost, &c. &c._ - - - - - OFFICIAL CONFESSIONS OF BURKE IN THE JAIL. - - Present, Mr. George Tait, Sheriff-Substitute; Mr. Archibald - Scott, Procurator-Fiscal; Mr. Richard J. Moxey, Assistant - Sheriff Clerk. - - _Edinburgh, 3d Jan. 1829._ - -Compeared William Burke, at present under sentence of death in the -gaol of Edinburgh, states, that he never saw Hare till the Hallow-fair -before last, (November 1827,) when he and Helen M‘Dougal met Hare’s -wife, with whom he was previously acquainted, on the street; they -had a dram, and he mentioned he had an intention to go to the west -country to endeavour to get employment as a cobbler, but Hare’s wife -suggested that they had a small room in their house which might suit -him and M‘Dougal, and that he might follow his trade of a cobbler in -Edinburgh,--and he went to Hare’s house, and continued to live there, -and got employment as a cobbler. - -An old pensioner, named Donald, lived in the house about Christmas -1827; he was in bad health, and died a short time before his quarter’s -pension was due--that he owed Hare L. 4; and a day or two after the -pensioner’s death, Hare proposed that his body should be sold to the -doctors, and that the declarant should get a share of the price. -Declarant said it would be impossible to do it, because the man would -be coming in with the coffin immediately; but after the body was put -into the coffin, and the lid was nailed down, Hare started the lid -with a chisel, and he and declarant took out the corpse and concealed -it in the bed, and put tanner’s bark from behind the house into the -coffin, and covered it with a sheet, and nailed down the lid of the -coffin, and the coffin was then carried away for interment. That Hare -did not appear to have been concerned in any thing of the kind before, -and seemed to be at a loss how to get the body disposed of, and he and -Hare went in the evening to the yard of the College, and saw a person -like a student there, and the declarant asked him if there were any of -Dr. Monro’s men about, because he did not know there was any other way -of disposing of a dead body--nor did Hare. The young man asked what -they wanted with Dr. Monro, and the declarant told him that he had a -subject to dispose of, and the young man referred him to Dr. Knox, No. -10, Surgeons’ Square, and they went there, and saw young gentlemen whom -he now knows to be Jones, Miller, and Ferguson, and told them that they -had a subject to dispose of, but they did not ask how they had obtained -it; and they told the declarant and Hare to come back when it was dark, -and that they themselves would find a porter to carry it: Declarant -and Hare went home, and put the body into a sack, and carried it to -Surgeons’ Square, and not knowing how to dispose of it, laid it down at -the door of the cellar, and went up to the room where the three young -men saw them, and told them to bring up the body to the room, which -they did, and they took the body out of the sack, and laid it on the -dissecting table: That the shirt was on the body, but the young men -asked no questions as to that, and the declarant and Hare, at their -desire, took off the shirt, and got L.7, 10s. Dr. Knox came in after -the shirt was taken off, and looked at the body, and proposed they -should get L.7, 10s. and authorised Jones to settle with them; and he -asked no questions as to how the body had been obtained. Hare got L.4, -5s., and the declarant got L.3, 5s. Jones, &c. said that they would be -glad to see them again when they had any other body to dispose of. - -Early last spring, 1828, a woman from Gilmerton came to Hare’s house as -a nightly lodger, Hare keeping seven beds for lodgers: That she was a -stranger, and she and Hare became merry, and drank together; and next -morning she was very ill in consequence of what she had got, and she -sent for more drink, and she and Hare drank together, and she became -very sick and vomited, and at that time she had not risen from bed, and -Hare then said that they would try and smother her in order to dispose -of her body to the Doctors: That she was lying on her back in the bed, -and quite insensible from drink, and Hare clapped his hand on her mouth -and nose, and the declarant laid himself across her body in order to -prevent her making any disturbance, and she never stirred, and they -took her out of bed and undressed her, and put her into a chest, and -they mentioned to Dr. Knox’s young men that they had another subject, -and Mr. Miller sent a porter to meet them in the evening at the back of -the Castle; and declarant and Hare carried the chest till they met the -porter, and they accompanied the porter with the chest to Dr. Knox’s -class-room, and Dr. Knox came in when they were there; the body was -cold and stiff. Dr. Knox approved of its being so fresh, but did not -ask any questions. - -The next was a man named Joseph, a miller, who had been lying badly in -the house: That he got some drink from declarant and Hare, but was not -tipsy; he was very ill, lying in bed, and could not speak sometimes, -and there was a report on that account that there was fever in the -house, which made Hare and his wife uneasy in case it should keep -away lodgers, and they (declarant and Hare) agreed that they should -suffocate him for the same purpose, and the declarant got a small -pillow and laid it across Joseph’s mouth, and Hare lay across the body -to keep down the arms and legs, and he was disposed of in the same -manner, to the same persons, and the body was carried by the porter who -carried the last body. - -In May 1828, as he thinks, an old woman came to the house as a lodger, -and she was the worse of drink, and she got more drink of her own -accord, and she became very drunk, and declarant suffocated her; and -Hare was not in the house at the time; and she was disposed of in the -same manner. - -Soon afterwards an Englishman lodged there for some nights, and was ill -of the jaundice: that he was in bed very unwell, and Hare and declarant -got above him and held him down, and by holding his mouth suffocated -him, and disposed of him in the same manner. - -Shortly afterwards an old woman named Haldane, (but he knows nothing -farther of her) lodged in the house, and she had got some drink at the -time, and got more to intoxicate her, and he and Hare suffocated her, -and disposed of her in the same manner. - -Soon afterwards a cinder woman came to the house as a lodger, as he -believes, and she got drink from Hare and the declarant, and became -tipsy, and she was half asleep, and he and Hare suffocated her, and -disposed of her in the same manner. - -About midsummer 1828, a woman, with her son, or grandson, about twelve -years of age, and who seemed to be weak in his mind, came to the house -as lodgers; the woman got a dram, and when in bed asleep, he and Hare -suffocated her; and the boy was sitting at the fire in the kitchen, -and he and Hare took hold of him, and carried him into the room and -suffocated him. They were put into a herring barrel the same night, -and carried to Dr. Knox’s rooms. - -That, soon afterwards, the declarant brought a woman to the house as a -lodger, and after some days she got drunk, and was disposed of in the -same manner: That declarant and Hare generally tried if lodgers would -drink, and, if they would drink, they were disposed of in that manner. - -The declarant then went for a few days to the house of Helen M‘Dougal’s -father, and when he returned, he learned from Hare that he had disposed -of a woman in the declarant’s absence, in the same manner, in his own -house; but the declarant does not know the woman’s name, or any farther -particulars of the case, or whether any other person was present or -knew of it. - -That about this time he went to live in Brogan’s house, and a woman, -named Margaret Haldane, daughter of the woman Haldane before mentioned, -and whose sister is married to Clark, a tinsmith in the High Street, -came into the house, but declarant does not remember for what purpose; -and she got drink, and was disposed of in the same manner: That Hare -was not present, and neither Brogan nor his son knew the least thing -about that or any other case of the same kind. - -That, in April 1828, he fell in with the girl Paterson and her -companion in Constantine Burke’s house, and they had breakfast -together, and he sent for Hare, and he and Hare disposed of her in -the same manner; and Mr. Ferguson and a tall lad, who seemed to have -known the woman by sight, asked where they had got the body; and the -declarant said he had purchased it from an old woman at the back of -the Canongate. The body was disposed of five or six hours after the -girl was killed, and it was cold but not very stiff, but he does not -recollect of any remarks being made about the body being warm. - -One day in September or October 1828, a washer-woman had been washing -in the house for some time, and he and Hare suffocated her, and -disposed of her in the same manner. - -Soon afterwards, a woman, named M‘Dougal, who was a distant relation of -Helen M‘Dougal’s first husband, came to Brogan’s house to see M‘Dougal; -and after she had been coming and going to the house for a few days, -she got drunk, and was served in the same way by the declarant and Hare. - -That “Daft Jamie” was then disposed of in the manner mentioned in the -indictment, except that Hare was concerned in it. That Hare was lying -alongside of Jamie in the bed, and Hare suddenly turned on him, and -put his hand on his mouth and nose; and Jamie, who had got drink, but -was not drunk, made a terrible resistance; and he and Hare fell from -the bed together, Hare still keeping hold of Jamie’s mouth and nose; -and as they lay on the floor together, declarant lay across Jamie to -prevent him from resisting, and they held him in that state till he was -dead, and he was disposed of in the same manner; and Hare took a brass -snuff-box and a spoon from Jamie’s pocket, and kept the box to himself, -and never gave it to the declarant, but he gave him the spoon. - -And the last was the old woman Docherty, for whose murder he has been -convicted. That she was not put to death in the manner deponed to by -Hare on the trial. That during the scuffle between him and Hare, in the -course of which he was nearly strangled by Hare, Docherty had crept -among the straw, and after the scuffle was over they had some drink, -and after that they went both forward to where the woman was lying -sleeping, and Hare went forward first and seized her by the mouth and -nose, as on former occasions; and at the same time the declarant lay -across her, and she had no opportunity of making any noise; and before -she was dead, one or other of them, he does not recollect which, took -hold of her by the throat. That while he and Hare were struggling, -which was a real scuffle, M‘Dougal opened the door of the apartment, -and went into the inner passage and knocked at the door, and called -out police and murder, but soon came back; and at same time Hare’s -wife called out, never to mind, because the declarant and Hare would -not hurt one another. That whenever he and Hare rose and went towards -the straw where Docherty was lying, M‘Dougal and Hare’s wife, who, he -thinks, were lying in bed at the time, or, perhaps, were at the fire, -immediately rose and left the house, but did not make any noise, so -far as he heard, and he was surprised at their going out at that time, -because he did not see how they could have any suspicion of what they -(the declarant and Hare) intended doing. That he cannot say whether he -and Hare would have killed Docherty or not, if the women had remained, -because they were so determined to kill the woman, the drink being in -their head;--and he has no knowledge or suspicion of Docherty’s body -having been offered to any person besides Dr. Knox, and he does not -suspect that Paterson would offer the body to any other person than Dr. -Knox. - -Declares, That suffocation was not suggested to them by any person as -a mode of killing, but occurred to Hare on the first occasion before -mentioned, and was continued afterwards because it was effectual, and -showed no marks; and when they lay across the body at the same time, -that was not suggested to them by any person, for they never spoke to -any person on such a subject; and it was not done for the purpose of -preventing the person from breathing, but was only done for the purpose -of keeping down the person’s arms and thighs, to prevent the person -struggling. - -Declares, That with the exception of the body of Docherty, they never -took the person by the throat, and they never leapt upon them; and -declares that there were no marks of violence on any of the subjects, -and they were sufficiently cold to prevent any suspicion on the part of -the Doctors; and, at all events, they might be cold and stiff enough -before the box was opened up, and he and Hare always told some story of -their having purchased the subjects from some relation or other person -who had the means of disposing of them, about different parts of the -town, and the statements which they made were such as to prevent the -Doctors having any suspicions; and no suspicions were expressed by Dr. -Knox or any of his assistants, and no questions asked tending to show -that they had suspicion. - -Declares, That Helen M‘Dougal and Hare’s wife were no way concerned in -any of the murders, and neither of them knew of any thing of the kind -being intended, even in the case of Docherty; and although these two -women may latterly have had some suspicion in their own minds that the -declarant and Hare were concerned in lifting dead bodies, he does not -think they could have any suspicion that he and Hare were concerned in -committing murders. - -Declares, That none of the subjects which they had procured, as -before mentioned, were offered to any other person than Dr. Knox’s -assistants, and he and Hare had very little communication with Dr. -Knox himself; and declares, that he has not the smallest suspicion of -any other person in this, or in any other country, except Hare and -himself, being concerned in killing persons and offering their bodies -for dissection; and he never knew or heard of such a thing having been -done before. - - WM. BURKE. - G. TAIT. - - * * * * * - - Present, Mr. Geo. Tait, Sheriff-Substitute; Mr. Archibald - Scott, Procurator-Fiscal; Mr. Richard J. Moxey, - Assistant-Sheriff-Clerk; the Rev. Wm. Reid, Roman Catholic - Priest. - - _Edinburgh, 22d Jan. 1829._ - -Compeared William Burke, at present under sentence of death in the -Gaol of Edinburgh, and his declaration, of date the 3d current, being -read over to him, he adheres thereto. Declares farther, that he does -not know the names and descriptions of any of the persons who were -destroyed except as mentioned in his former declaration. Declares, that -he never was concerned in any other act of the same kind, nor made any -attempt or preparation to commit such, and all reports of a contrary -tendency, some of which he has heard, are groundless. And he does not -know of Hare being concerned in any such, except as mentioned in his -former declaration; and he does not know of any persons being murdered -for the purpose of dissection by any other persons than himself and -Hare, and if any persons have disappeared any where in Scotland, -England, or Ireland, he knows nothing whatever about it, and never -heard of such a thing till he was apprehended. Declares, that he never -had any instruments in his house except a common table knife, or a -knife used by him in his trade as a shoemaker, or a small pocket knife, -and he never used any of those instruments, or attempted to do so, on -any of the persons who were destroyed. Declares, that neither he, nor -Hare, so far as he knows, ever were concerned in supplying any subjects -for dissection except those before mentioned; and, in particular, never -did so by raising dead bodies from the grave. Declares, that they never -allowed Dr. Knox, or any of his assistants, to know exactly where their -houses were, but Paterson, Dr. Knox’s porter or doorkeeper, knew. And -this he declares to be truth. - - WM. BURKE. - G. TAIT. - - * * * * * - - _The following is another Confession, as dictated and carefully - revised by WILLIAM BURKE. The words printed in Italics were - added in the Manuscript by himself._ - -ABIGAIL SIMPSON was murdered on the 12th February 1828, on the forenoon -of the day. She resided in Gilmerton, near Edinburgh; has a daughter -living there. She used to sell salt and camstone. She was decoyed in -by Hare and his wife on the afternoon of the 11th February, and he -gave her some whisky to drink. She had one shilling and sixpence, and -a can of kitchen-fee. Hare’s wife gave her one shilling and sixpence -for it; she drank it all with them. She then said she had a daughter. -Hare said he was a single man, and would marry her, and get all the -money amongst them. They then proposed to her to stay all night, which -she did, as she was so drunk she could not go home; and in the morning -was vomiting. They then gave her some porter and whisky, and made her -so drunk that she fell asleep on the bed. Hare then laid hold of her -mouth and nose, and prevented her from breathing. Burke held her hands -and feet till she was dead. She made very little resistance; and when -it was convenient, they carried her to Dr. Knox’s dissecting-rooms in -Surgeons’ Square, and got ten pounds for her. She had on a drab mantle, -a white grounded cotton shawl and small blue spots on it. Hare took all -her clothes and went out with them; said he was going to put them into -the Canal. She said she was a pensioner of Sir John Hay’s. (Perhaps -this should be Sir John Hope.) - -The next was an English man, a native of Cheshire, and a lodger of -Hare’s. They murdered him in the same manner as the other. He _was_ -ill with _the_ jaundice at the same time. He was very tall; had black -hair, brown whiskers mixed with grey hairs. He used to sell spunks in -Edinburgh; was about forty years of age. Did not know his name. _Sold -to Dr. Knox for ten pounds._ - -The next was an old woman who lodged with Hare for one night, but does -not know her name. She was murdered in the same manner as above;--sold -to Dr. Knox for L.10. The old woman was decoyed into the house by Mrs. -Hare in the forenoon, from the street, when Hare was working at the -boats at the canal. She gave her whisky and put her to bed three times. -At last she was so drunk that she fell asleep; and when Hare came home -to his dinner, he put part of the bed-tick on her mouth and nose, and -when he came home at night she was dead. Burke at this time was mending -shoes; and Hare and Burke took the clothes off her, and put her body -into a tea-box. Took her to Knox’s that night. - -The next was Margaret Paterson who was murdered in Burke’s brother’s -house in the Canongate, in the month of April last, by Burke and Hare -in the forenoon. She was put into a tea-box, and carried to Dr. Knox’s -dissecting-rooms in the afternoon of the same day--and got L.8 for -her body. She had twopence halfpenny, which she held fast in her hand. -Declares that the girl Paterson was only four hours dead till she was -in Knox’s dissecting-room; but she was not dissected at that time; for -she was three months in whisky before she was dissected. She was warm -when Burke cut the hair off her head; and Knox brought a Mr. ---- a -painter to look at her, she was so handsome a figure, and well-shaped -in body and limbs. One of the students said she was like a girl he had -seen in the Canongate as one pea is like to another. They desired Burke -to cut off her hair; one of the students gave a pair of scissars for -that purpose. - -In June last, an old woman and a dumb boy, her grandson, from Glasgow, -came to Hare’s, and were both murdered at the dead hour of night when -the woman was in bed. Burke and Hare murdered her the same way as they -did the others. They took off the bed-clothes and tick, stripped off -her clothes, and laid her on the bottom of the bed, and then put on the -bed-tick and bed-clothes on the top of her; and they then came and took -_the boy_ in their arms and carried him ben to the room, and murdered -him in the same manner, and _laid_ him alongside of his grandmother. -They lay for the space of an hour; they then put them into a herring -barrel. The barrel was perfectly dry; there was no brine in it. They -carried them to the stable till next day; they put the barrel into -Hare’s cart, and Hare’s horse was yoked in it; but the horse would not -drag the cart one foot past the Meal Market, and they got a porter -with a hurley and put the barrel on it. Hare and the porter went to -Surgeons’ Square with it. Burke went before them, as he was afraid -something would happen, as the horse would not draw them. When they -came to Dr. Knox’s dissecting-rooms, Burke carried the barrel in his -arms. The students and them had hard work to get them out, being so -stiff and cold. They received L.16 for them both. Hare was taken in -by the horse he bought that refused drawing the corpse to Surgeons’ -Square, and they shot it in the tan-yard. He had two large holes in his -shoulder stuffed with cotton, and covered over with a piece of another -horse’s skin to prevent them being discovered. - -Joseph, the miller by trade, and a lodger of Hare’s. He had once been -possessed of a good deal of money. He was connected by marriage with -some of the Carron Company. Burke and Hare murdered him by pressing a -pillow on his mouth and nose till he was dead. He was then carried to -Dr. Knox’s in Surgeons’ Square. They got L.10 for him. - -Burke and Helen M‘Dougal were on a visit seeing their friends near -Falkirk. This was at the time a procession was made round a stone in -that neighbourhood; thinks it was the anniversary of the battle of -Bannockburn. When he was away, Hare fell in with a woman drunk in the -street at the West Port. He took her into his house and murdered her -himself, and sold her to Dr. Knox’s assistants for L.8. When Burke went -away he knew Hare was in want of money; his things were all in pawn; -but when he came back, found him have plenty of money. Burke asked him -if he had been doing any business? he said he had been doing nothing. -Burke did not believe him, and went to Dr. Knox, who told him that Hare -had brought a subject. Hare then confessed what he had done. - -A cinder gatherer; _Burke_ thinks her name was Effy. She was in the -habit of selling small pieces of leather to him, _as he was a cobbler_, -she gathered about the coach-works. He took her into Hare’s stable, and -gave her whisky to drink till she was drunk; she then lay down among -some straw and fell asleep. They then laid a cloth over her. Burke and -Hare murdered her as they _did the_ others. She was then carried to Dr. -Knox’s, Surgeons’ Square, and sold for L.10. - -Andrew Williamson, a policeman, and his neighbour, were dragging a -drunk woman to the West Port Watchhouse. They found her sitting on a -stair. Burke said, “Let the woman go to her lodgings.” They said they -did not know where she lodged. Burke then said he would take her to -lodgings. They then gave her to his charge. He then took her to Hare’s -house. Burke and Hare murdered her that night the same way as they did -the others. They carried her to Dr. Knox’s, in Surgeons’ Square, and -got L.10. - -Burke being asked, did the policemen know him when they gave him this -drunk woman into his charge? He said he had a good character with the -police; or if they had known that there were four murderers living in -one house they would have visited them oftener. - -James Wilson, commonly _called_ Daft Jamie. Hare’s _wife_ brought him -in from the street into her house. Burke was at the time getting a dram -in Rymer’s shop. He saw her take Jamie off the street, bare-headed -and bare-footed. After she got him into her house, and left him with -Hare, she came to Rymer’s shop for a pennyworth of butter, and Burke -was standing at the counter. She asked him for a dram; and in drinking -it she stamped him on the foot. He knew immediately what she wanted -him for, and he then went after her. When in the house, she said, you -have come too late, for the drink is all done; and Jamie had the cup -in his hand. He had never seen him before to his knowledge. They then -proposed to send for another half mutchkin, which they did, and urged -him to drink; she took a little with them. They then invited him ben -to the little room, and advised him to sit down upon the bed. Hare’s -wife then went out, and locked the outer door, and put the key below -the door. There were none in the room but themselves three. Jamie sat -down upon the bed. He then lay down upon the bed, and Hare lay down at -his back, his head raised up and resting upon his left hand. Burke was -standing at the foreside of the bed. When they had lain there for some -time, Hare threw his body on the top of Jamie, pressed his hand on his -mouth, and held his nose with the other. Hare and him fell off the bed -and struggled. Burke then held his hands and feet. They never quitted -their grip till he was dead. He never got up nor cried any. When he -was dead, Hare felt his pockets, and took out a brass snuff-box and a -copper snuff-spoon. He gave the spoon to Burke, and kept the box to -himself. Sometime after, he said he threw the box away in the tan-yard; -and the brass-box that was libelled against Burke in the Sheriff’s -office was Burke’s own box. It was after breakfast Jamie was enticed -in, and he was murdered by twelve o’clock in the day. Burke declares, -that Mrs. Hare led poor Jamie in as a dumb lamb to the slaughter, and -as a sheep to the shearers; and he was always very anxious making -inquiries for his mother, and was told she would be there immediately. -He does not think he drank above one glass of whisky all the time. He -was then put into a chest that Hare kept clothes into; and they carried -him to Dr. Knox’s in Surgeons’ Square that afternoon, and got L.10 -for him. Burke gave Daft Jamie’s clothes to his brother’s children, -they were almost naked; and when he untied the bundle they were like -to quarrel about them. The clothes of the other murdered persons were -generally destroyed, to prevent detection. - -Ann M‘Dougal, a cousin of Helen M‘Dougal’s former husband. She was a -young woman, and married, and had come on a visit to see them. Hare and -Burke gave her whisky till she was drunk, and when in bed and asleep, -Burke told Hare that he would have most to do with her, as she being -a distant friend he did not like to begin first on her. Hare murdered -her by stopping her breath, and Burke assisted him the same way as the -others. One of Dr. Knox’s assistants, _Paterson_, gave them a fine -trunk to put her into. It was in the afternoon when she was done. It -was in John Broggan’s house; and when Broggan came home from his work -he saw the trunk, and made inquiries about it, as he knew they had no -trunks there. Burke then gave him two or three drams, as there was -always plenty of whisky going at these times, to make him quiet. Hare -and Burke then gave him L.1, 10s. each, as he was back in his rent, to -pay for it, and he left Edinburgh a few days after. They then carried -her to Surgeons’ Square as soon as Broggan went out of the house, and -got L.10 for her. Hare was cautioner for Broggan’s rent, being L.3, and -Hare and Burke gave him that sum. Broggan went off in a few days, and -the rent is not paid yet.[7] They gave him the money that he might not -come against them for the murder of Ann M‘Dougal, that he saw in the -trunk, that was murdered in his house. Hare thought that the rent would -fall upon him, and if he could get Burke to pay the half of it, it -would be so much the better; and proposed this to Burke, and he agreed -to it, as they were glad to get him out of the way. Broggan’s wife is -a cousin of Burke’s. They thought he went to Glasgow, but are not sure. - -Mrs. Haldane, a stout old woman, who had a daughter transported last -summer from the Calton Jail for fourteen years, and has another -daughter married to ----, in the High Street. She was a lodger of -Hare’s. She went into Hare’s stable, the door was left open, and she -being drunk, and falling asleep among some straw, Hare and Burke -murdered her in the same way as they did the others, and kept the body -all night in the stable, and took her to Dr. Knox’s next day. She had -but one tooth in her mouth, and that was a very large one in front. - -A young woman, a daughter of Mrs. Haldane, of the name of Peggy -Haldane, was drunk, and sleeping in Broggan’s house, was murdered by -Burke, in the forenoon, himself. Hare had no hand in it. She was taken -to Dr. Knox’s in the afternoon in a tea-box, and L.8 got for her. She -was so drunk at the time, that he thinks she was not sensible of her -death, as she made no resistance whatever. She and her mother were both -lodgers of Hare’s, and they were both of idle habits, and much given to -drinking. This was the only murder that Burke committed by himself, but -what Hare was connected with. She was laid with her face downwards, and -he pressed her down, and she was soon suffocated. - -There was a Mrs. Hostler washing in John Broggan’s, and she came back -next day to finish up the clothes, and when done, Hare and Burke gave -her some whisky to drink, which made her drunk. This was in the day -time. She then went to bed. Mrs. Broggan was out at the time. Hare and -Burke murdered her the same way they did the others, and put her in -a box, and set her in the coal-house in the passage, and carried her -off to Dr. Knox’s in the afternoon of the same day, and got L.8 for -her. Broggan’s wife was out of the house at the time the murder was -committed. Mrs. Hostler had ninepence halfpenny in her hand, which -they could scarcely get out of it after she was dead, so firmly was it -grasped. - -The woman Campbell or Docherty was murdered on the 31st October last, -and she was the last one. Burke declares, that Hare perjured himself on -his trial, when giving his evidence against him, as the woman Campbell -or Docherty lay down among some straw at the bed-side, and Hare laid -hold of her mouth and nose, and pressed her throat, and Burke assisted -him in it, till she was dead. Hare was not sitting on a chair at the -time, as he said in the Court. There were seven shillings in the -woman’s pocket, which were divided between Hare and Burke. - -That was the whole of them, sixteen in whole; nine were murdered in -Hare’s house, and four in John Broggan’s; two in Hare’s stable, and -one in Burke’s brother’s house in the Canongate. Burke declares, that -five of them were murdered in Hare’s room that has the iron bolt in the -inside of it. Burke did not know the days nor the months the different -murders were committed, nor all their names. They were generally in -a state of intoxication at those times, and paid little attention -to them; but they were all from the 12th February till 1st November -1828; but he thinks Dr. Knox will know by the dates of paying him the -money for them. He never was concerned with any other person but Hare -in those matters, and was never a resurrection man, and never dealt -in dead bodies but what he murdered. He was urged by Hare’s wife to -murder Helen M‘Dougal, the woman he lived with. The plan was, that he -was to go to the country for a few weeks, and then write to Hare that -she had died and was buried, and he was to tell this to deceive the -neighbours; but he would not agree to it. The reason was, they could -not trust to her, as she was a Scotch woman. Helen M‘Dougal and Hare’s -wife were not present when those murders were committed; they might -have a suspicion of what was doing, but did not see them done. Hare was -always the most anxious about them, and could sleep well at night after -committing a murder; but Burke repented often of the crime, and could -not sleep without a bottle of whisky by his bed-side and a twopenny -candle to burn all night beside him; when he awoke he would take a -draught of the bottle--sometimes half a bottle at a draught--and that -would make him sleep. They had a great many pointed out for murder, but -were disappointed of them by some means or other; they were always in -a drunken state when they committed those murders, and when they got -the money for them while it lasted. When done, they would pawn their -clothes and would take them out as soon as they got a subject. When -they first began this murdering system, they always took them to Knox’s -after dark; but being so successful, they went in the day-time, and -grew more bold. When they carried the girl Paterson to Knox’s, there -were a great many boys in the High School Yards, who followed Burke -and the man that carried her, crying, “They are carrying a corpse;” -but they got her safe delivered. They often said to one another that -no person could find them out, no one being present at the murders but -themselves two; and that they might be as well hanged for a sheep as -a lamb. They made it their business to look out for persons to decoy -into their houses to murder them. Burke declares, when they kept the -mouth and nose shut a very few minutes, they could make no resistance, -but would convulse and make a rumbling noise in their bellies for some -time; after they ceased crying and making resistance, they left them to -die of themselves; but their bodies would often move afterwards, and -for some time they would have long breathings before life went away. -Burke declares, that it was God’s providence that put a stop to their -murdering career, or he does not know how far they might have gone with -it, even to attack people on the streets, as they were so successful, -and always met with a ready market; that when they delivered a body -they were always told to get more. Hare was always with him when he -went with a subject, and also when he got the money. Burke declares, -that Hare and him had a plan made up, that Burke and a man were to go -to Glasgow or Ireland, and try the same there, and to forward them to -Hare, and he was to give them to Dr. Knox. Hare’s wife always got L.1 -of Burke’s share, for the use of the house, of all that were murdered -in their house; for if the price received was L.10, Hare got L.6 and -Burke got only L.4; but Burke did not give her the L.1 for Daft Jamie, -for which Hare’s wife would not speak to him for three weeks. They -could get nothing done during the harvest-time, and also after harvest, -as Hare’s house was so full of lodgers. In Hare’s house were eight beds -for lodgers; they paid 3d. each; and two, and sometimes three, slept -in a bed; and during harvest they gave up their own bed when throng. -Burke declares they went under the name of resurrection-men in the -West Port, where they lived, but not murderers. When they wanted money, -they would say they would go and look for a shot; that was the name -they gave them when they wanted to murder any person. They entered into -a contract with Dr. Knox and his assistants that they were to get L.10 -in winter and L.8 in summer for as many subjects as they could bring to -them. - -Old Donald, a pensioner, who lodged in Hare’s house, and died of a -dropsy, was the first subject they sold. After he was put into the -coffin and the lid put on, Hare unscrewed the nails, and Burke lifted -the body out. Hare filled the coffin with bark from the tan-yard, and -put a sheet over the bark, and it was buried in the West Church Yard. -The coffin was furnished by the parish. Hare and Burke took him to the -College first; they saw a man there, and asked for Dr. Monro or any of -his men; the man asked what they wanted, or had they a subject; they -said they had. He then ordered them to call at No. 10, Dr. Knox’s, in -Surgeons’ Square, and he would take it from them, which they did. They -got L.7, 10s. for him. That was the only subject they sold that they -did not murder, and getting that high price made them try the murdering -for subjects. - -Burke is thirty-six years of age, was born in the parish of Orrey, -county Tyrone; served seven years in the army, most of that time as an -officer’s servant in the Donegal militia; he was married at Ballinha, -in the county of Mayo, when in the army, but left his wife and two -children in Ireland. She would not come to Scotland with him. He has -often wrote to her, but got no answer; he came to Scotland to work at -the Union Canal, and wrought there while it lasted; he resided for -about two years in Peebles, and worked as a labourer. He worked as a -weaver for 18 months, and as a baker for five months; he learned to -mend shoes, as a cobbler, with a man he lodged with in Leith; and he -has lived with Helen M‘Dougal about 10 years, until he and she were -confined in the Calton Jail, on the charge of murdering the woman of -the name of Docherty, or Campbell, and both were tried before the High -Court of Justiciary in December last. Helen M‘Dougal’s charge was not -proven, and Burke found guilty, and sentenced to suffer death on the -28th January. - -Declares, that Hare’s servant girl could give information respecting -the murders done in Hare’s house, if she likes. She came to him at -Whitsunday last, went to harvest, and returned back to him when the -harvest was over. She remained until he was confined along with his -wife in the Calton Jail. She then sold twenty-one of his swine for L.3, -and absconded. She was gathering potatoes in a field that day Daft -Jamie was murdered; she saw his clothes in the house when she came home -at night. Her name is Elizabeth M‘Guier or Mair. Their wives saw that -people came into their houses at night, and went to bed as lodgers, but -did not see them in the morning, nor did they make any inquiries after -them. They certainly knew what became of them, although Burke and Hare -pretended to the contrary. Hare’s wife often helped Burke and Hare to -pack the murdered bodies into the boxes. Helen M‘Dougal never did nor -saw them done. Burke never durst let her know; he used to smuggle and -drink, and get better victuals unknown to her; he told her he bought -dead bodies and sold them to doctors, and that was the way they got the -name of resurrection-men. - - [Illustration: FAC-SIMILE OF BURKE’S HAND-WRITING.] - -Enough has been said of the two principal actors in the horrid -proceedings. The memory of Burke may be left to that infamy which his -unparalleled atrocities merits, when his deeds are recollected, and -Hare may be allowed to seek some corner of the world where he may skulk -unknown until his miserable existence be terminated. It remains for -us only to notice briefly the two subordinate agents who, by their -connection with the principal culprits, and participation in their -crimes, have gained such an unenviable degree of notoriety. Of these, -the first is - - - - - HELEN M‘DOUGAL. - -She is a native of the small village of Maddiston, in the parish of -Muiravonside, and county of Stirling, where she resided in her early -life. Her maiden name was Dougal. Her character does not appear to -have been good at any time, and her conduct speedily dissipated any -doubts that might have existed upon the subject. At an early period of -her life she formed an unlawful connection with a man who resided in -the same village, to whom she bore a child during the lifetime of his -wife. After her death, their intercourse continued; and after a short -interval, they cohabited publicly together, she bearing his name of -M‘Dougal, and passing for his wife. At this period they came to reside -in Leith, where M‘Dougal followed his occupation of a sawer, until he -took the typhus fever at the time that that disease first raged so -fearfully in Edinburgh. He became a patient in the hospital opened in -Queensberry-house, where he died. His partner, upon his decease, again -returned to her native village, and father’s house. Shortly after her -return she met with Burke, who was a labourer on the Canal, when their -adulterous intercourse commenced, and in about a year from their first -acquaintance, they agreed to live together as man and wife. From that -time up to his apprehension, she followed his fortunes, and adhered to -him in all his wanderings. - -Wherever they resided, her character seems to have been the same. In -Edinburgh, Leith, Peebles, and Pennycuik, she was distinguished for her -drunken dissolute habits, and was universally disliked, and considered -unworthy even of Burke. Notwithstanding their many quarrels, in which -she was frequently the aggressor, she seems to have cherished an ardent -effection towards him, and at the termination of his career, to have -felt sincerely upon the subject of his unhappy fate. Her own condition, -indeed, is not less pitiable, although a Jury has been found who could -return a verdict of “not proven” that she was a participator in the -murder for which he has suffered death, notwithstanding her being -present and aiding him in the stratagems which preceded, and the sale -of the murdered body, she is guilty in the eyes of God and man, and -is doomed to wander on the face of the earth an outcast from human -charities, and an opprobrium to human nature. It would almost have -been charity to have convicted her along with Burke. Her wretched life -is precariously preserved under miseries more horrible than hanging -would have been. It was predicted upon her enlargement, that she would -realize the fable of the wandering jew, and it seems to have been -hitherto fulfilled to the letter. Hunted about from place to place, -without being able to find a temporary refuge from her tormentors, she -has discovered no person who would maintain social intercourse with -her; but, on the contrary, her detection was certainly followed by -every species of ill usage and annoyance. We have already adverted to -the reception she met with upon her visiting her old haunts in the West -Port, and it has only been a sample of what awaited her whenever she -went. The next place that she essayed was her father’s residence in the -village of Redding in Stirlingshire; here she experienced a similar -reception, and was obliged to save herself by a precipitate retreat. -She has since made various attempts to discover a resting place with a -like effect. She has hitherto been recognised wherever she went, and -the summary vengeance of the mob exercised upon her. By the latest -accounts we find that she has appeared at Newcastle, where again she -has been rescued from an infuriated populace by the police officers, -who afforded her temporary protection and shelter in the prison. Their -sympathy, however, does not appear to extend beyond this, and she was -as speedily as convenient escorted by constables to the “blue stone,” -the boundary of the counties of Northumberland and Durham, and there -transferred to the safe conduct of the functionaries of the latter -county, for what purpose further than to get rid of the “accursed -thing” does not appear. - - - - - MARGARET LAIRD OR HARE. - -This other virago seems to have been accounted if possible still more -depraved than M‘Dougal, and to have possessed all the essentials -of that disgusting character, a brutal and abandoned woman. She is -a native of Ireland and accompanied her first husband Log to this -country. Log bore the character of a decent hard-working man, while -she was chiefly remarkable for her masculine and bold habits. Log was -a sort of undertaker on the Union Canal, engaging with the contractor -to cut small pieces upon the line, and for some time worked at it with -a detachment of his countrymen in the neighbourhood of Winchburgh, -where his wife worked along with them in the capacity of a labourer, -with a man’s coat on, wheeling a barrowfull of rubbish as stoutly as -any of her fellow-workmen. At that time they inhabited a temporary hut -on the banks of the canal, and whatever her conduct afterwards proved -she then exhibited no want of industry. At the conclusion of the work -Log settled in Edinburgh and still industriously pursued his course, -selling articles about the street and keeping a lodging-house for -vagrants. Upon his death this property devolved upon his widow, and she -conducted the establishment. She cohabited with one of the lodgers who -is described to have been a young and well-looking man, but he quickly -broke up their intercourse and left her, when her connection with Hare -commenced. - - [Illustration: MARGARET LAIRD or HARE. - as she appeared in the witness-box, - taken in Court. - - _Published by Thomas Ireland Jun^r. Edinburgh._] - -In an eastern tale, we read of a woman forsaking her husband’s -society to keep company with a “_goule_,” with whom she feasted in a -burying-ground upon dead bodies. Mrs. Hare appears to have had similar -propensities. Her brutal husband, in savageness of disposition, as -well as appearance, furnishes an apt illustration of the _goule_; -while the horrible means of livelihood he adopted, is not a bad -prototype of the revolting banquet of the Oriental monsters. Her -whole conduct now became utterly debauched; she was continually in -a state of intoxication, and presented at all times the slatternly -ferocious aspect of a confirmed and regardless drunkard. Hare and she -are surmised to have used foul means in disposing of a child to which -she gave birth about the commencement of their intercourse; perhaps -her subsequent bad odour may have contributed to this opinion. It is -certain, however, that the child, if not murdered, perished through -want of proper care and attention. The body was put into a box, and -buried in the waste ground at the bottom of Tanner’s close. It is -surprising that the wretched infant who still survives all the hard -usage it has experienced, did not fall a victim in the same way. Her -slovenly and careless conduct extended even to this youngest of her -offspring, and she is described as carrying it about more like a cat or -a dog than an infant. Even after her connection with Hare, she usually -went by her former name of Log, to which was appended the familiar -title of “_Lucky_,” and the nature of her affinity to Hare was better -indicated by their indulging in the connubial luxuries of scolding and -fighting, than by any manifestations of affection or regard. - -During her confinement in the jail, she kept herself generally retired, -remaining principally in the day-room of the ward tending her sick -baby, and conducted herself in a peaceable manner. - -She was recognised by the populace almost immediately upon her release, -and a crowd speedily collected round her. It was a wet, snowy day, and -she was unmercifully pelted with snow-balls, mud, and stones, and had -some commiseration not been felt for the child which she carried, she -would in all probability have fallen a victim to the violence of the -mob. She was rescued by the police, and conveyed to the Police-office, -where she found shelter and protection. In a few days, she wandered -away to Glasgow, where the following account, abridged from the Glasgow -Chronicle, will show that her treatment was no better:-- - -The celebrated Mrs. Hare was this afternoon rescued from the hands -of an infuriated populace by the Calton Police, and, for protection, -confined in one of the cells. She had left Edinburgh Gaol a fortnight -ago, with an infant child, and has since been wandering about the -country. She stated that she had lodged in this neighbourhood four -nights, with her child, and “her bit duds,” without those with whom -she lodged knowing who she was, and she was in hopes of quitting -this vicinity without detection. For this purpose she remained in -her lodging all day, but occasionally, early in the morning, or at -twilight, she ventured the length of the Broomielaw, in hopes of being -able to procure an immediate passage to Ireland, but had hitherto been -disappointed. She had gone out this morning with the same object, -and when returning, a woman who, she says, was drunk, recognised her -in Clyde Street, and repeatedly shouted--“Hare’s wife--Burke her!” -and threw a large stone at her. A crowd soon gathered, who heaped -every indignity upon her, and with her child she was pursued into -Calton, where she was experiencing very rough treatment, when she -was rescued by the police. She says she wrought sixteen years ago in -Tureen Street powerloom factory, till she was married to her first -husband. About three years ago she unfortunately fell in with Hare, and -then her misery commenced. She married him, and has since had three -children--one of whom is dead, and another is left behind in Edinburgh. -She describes Hare as devoted to the “devil and laziness.” She admitted -it was needless to deny she knew “something” of the murders, and had a -suspicion of what was going on, but not to the full extent. - -Hare was often drunk--their house was a complete hell of iniquity, -and she was often on the point of exposing his hidden conduct--but -was afraid to do so. She left his house three times on account of his -brutal usage. She says she would much rather be killed outright than -suffer what she has done. She did not require to beg, having had a -little money, but she had now scarcely as much as would pay her passage -to Ireland. - -She was quite ignorant of what had become of her husband since she -left Edinburgh. She asked if he had been subsequently tried, and -expressed the utmost indifference respecting his fate. She said she was -determined never more to associate with him, or have any thing to do -with him. - -It was truly melancholy to see her stretched on the guardbed of -the cell, in tears, with her infant, eleven months old, clasped to -her breast; and, as “the mother of eleven children,” imploring the -protection of the police, and that they would not make “a show of -her.” She occasionally burst into tears while deploring her unhappy -situation, which she ascribed to Hare’s utter profligacy, and said, -all she wished was to get across the Channel, and end her days in some -remote spot in her own country, in retirement and penitence. She has -since left Greenock in the Fingal, Belfast steam packet. - - * * * * * - -The public, in various country towns and villages seem to be absurdly -lawless in their conduct towards any unfortunate individuals in whom -they choose to recognise a resemblance to the miserable outcasts. -Several unfortunate individuals have been subjected to rough treatment -in consequence of some fancied likeness to the murderers, and all -efforts to undeceive their tormentors rendered unavailing by their -determination to execute summary justice upon some one, and their -disinclination to allow the victim to escape out of their hands. This -inordinate desire of working vengeance has sometimes been exhibited -when it was scarcely possible to suppose that the populace could be so -senseless as believe that the veritable culprit was in their hands. - -While it was perfectly well known that Hare was detained in close -confinement, possessing the usual complement of members, a poor -itinerant flute blower, who contrives to manage his instrument with -one hand and a stump substituted for the other, was assaulted in -consequence of some idle reports that he was Hare, and it was with -some difficulty that he was rescued. Another unlucky wight was also -mistaken for Hare at Kirkliston a few days back, and maltreated in such -a manner that he is now a patient in the Royal Infirmary. Although he -is directly dissimilar to him in appearance, being a tall dark Scot, -and speaking his mother tongue with a true lowland accent, and we -might add many like instances. Even some rural dignitaries have taken -occasion to adopt summary measures, towards those whose condition -allowed them some pretence to display the vigour of the law. In a -West Country Burgh, the following narrative is given of a search for -M‘Dougal;--“The principal rendezvous of ‘randy gangrel bodies’ was -searched; the whole thirty-six beds were overhauled, but she was -nowhere to be found; the search however warranted the suspicion that -some of the Cadgers who frequented the house had no lawful trade by -which their earnings could equal their expenditure,--marked attention -was drawn to Pig Jock, as it was evident all the rags he took to -Edinburgh, and all the crockery he brought in return, even though -stolen, was not sufficient to pay his weekly bill; and it being -surmised that the keeper of the house was not ignorant of the ways of -his guests, he and Jock have been banished forth of the town.” - -There seems really very little _legal_ evidence against poor Jock, -while the landlord’s being made accountable “for the ways of his -guests” is a stretch of despotism scarcely allowable in a very small -township. - -Indeed the whole island appears to be “frightened from its propriety,” -and each town vies with another in adding its quota of alarm. The Burke -mania seems destined to exercise as great an influence on the minds of -the poorer classes especially, as almost any other mania on record. -Nearly every city or hamlet throughout the empire has had its tales -of direful attempts at assassination, with their usual accompaniments -of waylaying and pitch plaisters applied to the unfortunate victims, -while the records of the police courts of the metropolis and other -large cities furnish ample testimony of the extent to which the black -catalogue of crimes has excited the fears of the people. From all -accounts, we cannot doubt that some wicked and heartless individuals -have been keeping alive the excitation by their foolish tricks, but we -forbear giving extension to the evil by detailing any of them. - -On the afternoon of Thursday the 12th of February, occurred what will -probably prove the last ebullition of popular feeling on this subject -in Edinburgh. It commenced with the dressing on the Calton Hill of -an effigy intended to represent a celebrated anatomist. After this -ceremony was concluded, the figure was paraded through the principal -streets, borne aloft on men’s shoulders, with a placard on the back. A -countless host of men, women, and children, accompanied the procession -to Dr. Knox’s house in Newington, where the effigy was _Burked_ -and torn to pieces, and the windows of the house broken. The mob then -attempted to do the same at Surgeons’ Square, but were prevented by the -police, and dispersed, after traversing several streets, and breaking a -number of panes in the College windows, &c. - -A gentleman who rode up to Dr. Knox’s house, with the view of -undergoing a surgical operation, was mistaken for him, and had nearly -suffered from the violence of the crowd. - -We have already exceeded the limits that we had prescribed, and -still have not been able to touch upon the important subject of the -best means for supplying the anatomical theatres with bodies for -dissection, and we cannot now enter upon it. It is admitted by all -enlightened people, that subjects must and will be procured, and that -severe legislative enactments only tend to increase the difficulty, -and enhance the price. The recent proceedings present a fearful -illustration of this opinion; but out of evil, if properly considered, -good may be extracted; and these transactions will, indeed, have -failed in their effect, should some plan not be devised which, while it -saves the feelings of relatives from outrage, may prevent a recurrence -of such frightful scenes. - - - FINIS. - - - EDINBURGH: PRINTED BY A. BALFOUR AND CO. HIGH STREET. - - _The following correspondence has taken place between the - publisher and Mr. Johnson, law agent for Mr. Swanston, who - conceives himself aggrieved by a passage in Janet Brown’s - statement, contained in No. 6. As the best way of giving Mr. - S.’s justification, we print the letters entire._ - - _Edinburgh, 7th February, 1829. 4, Grove Street._ - - SIR.--Mr. William Swanston spirit-dealer in the Canongate, feels - himself much aggrieved by the unwarrantable falsehood under - which he is represented in the sixth number, page 126, in the - account which you choose to publish of the West Port Murders. - - Mr. Swanston knowing the statement to be entirely false, must - necessarily think, that in associating his name in such a manner - with the late wretched Burke, and singling him out individually - in this way, must have been done with a malicious intention of - doing an injury, not only to his character, but to his trade. - You must have been aware when you published this account, that - every person in Edinburgh would have shuddered at the very - thoughts of having, however innocently, exchanged words with - Burke in his life time; but what must have been your feeling - when you have represented Mr. Swanston as his companion at - five o’clock in the morning, and given it again to the public - as truth. You were bound as a publisher, in justice to every - individual, to have inquired into the truth or falsehood of the - statement, and to have asked permission to publish it, supposing - the statement to have been correct: because, whether true or - false, must have been a great annoyance to any person possessed - of any degree of moral feeling. - - Mr. Swanston has therefore instructed me to institute an action - of damages against you, for reparation for the injury which he - must sustain in his own feelings and in his business, as well as - in the eye of the public, who must have an inveterate grudge at - him, and consequently must shun him in all civil intercourse, - resulting from such false, injurious, malicious and calumnious - statement, represented by you as an “authentic and faithful - history” published by you for your _lucre_.--I am, Sir, - your most obedient servant, - - (Signed) JOHN JOHNSON. - - Mr. THOMAS IRELAND, - Bookseller and Publisher, 57, South Bridge Street. - - * * * * * - - _Edinburgh, 10th February, 1829._ - - SIR,--In consequence of your having taken no notice of my letter - to you of the 7th instant, on the subject of your late libellous - publication on Mr. Swanston, I presume you mean to justify the - fact. I have therefore to intimate to you that the case will - be forthwith put into a shape of a summons of damages against - you.--I am, Sir, your most obedient servant. - - (Signed) JOHN JOHNSON. - - Mr. THOMAS IRELAND, Jun. - Publisher and Bookseller, 57, South Bridge Street. - - * * * * * - - _Edinburgh, 57, South Bridge Street. - February 11, 1829._ - - SIR,--I have to apologise to you for not answering sooner your - letter of the 7th current, complaining of the notice taken of - Mr. Swanston in the Trial of Burke at present publishing by me. - - In answer to it, and your second of yesterday, I have to state, - that I am very sorry that Mr. Swanston should feel at all - injured by what has been said of him, and though my information - as to what is stated of him was from the best authority,[8] - still I would not wish in the smallest degree, even by - implication, to injure his feelings or his character, and I - shall be ready to insert in the shape of a note, in the number - about to be published, any statement you and he may wish to - make, such statement not to be inconsistent with what is due to - myself in such a matter. - - Your threat of damages is too fanciful to require from me any - serious answer. I am, Sir, your very obedient servant. - - (Signed) THOMAS IRELAND, JUN. - - To JOHN JOHNSON, Esq. - 4, Grove Street, Edinburgh. - - * * * * * - - _Edinburgh, 11th Feb. 1829._ - - SIR,--I am favored with your letter of this date, in answer to - my letters of the 7th and 10th inst. And in answer to it I have - to inform you that the summons of damages to which I formerly - alluded is now in the press with the intention of being served - upon you to-morrow. I shall, however, this moment send for Mr. - Swanston and shew him your letter; but I conceive that although - it is very proper to put a note in any new edition which you - may throw off to the purport you mention, still it will not - be a whitewasher of the injury which the previous publication - has already done. With regard to the action of damages, I can - assure you that the notion of it did not originate with himself, - but with his acquaintances who first read the publication, and - pointed out the injurious tendency of it last Saturday, when - I first wrote you on the subject. He felt the effects of it - before this, but he did not know a reason then to which he could - attribute a _____[9]. I am, Sir, your most obedient servant, - - (Signed) JOHN JOHNSON. - - Mr. THOMAS IRELAND, Jun. - Bookseller and Publisher, 57, South Bridge, Edinburgh. - - * * * * * - - _Edinburgh, 12th Feb. 1829._ - - SIR,--With reference to my letter to you last night, I have - now to inform you that I have since seen Mr. Swanston, to whom - I read your letter of the 11th inst., and he desires me to - say, that as you propose no definite pallinode of the injury - which he has sustained, of which you seem to think lightly, he - has no farther observation to make, because, were he to make - any specific proposition, it would be inconsistent with the - view which you take of the matter, and therefore it is quite - clear that the parties could not meet each other to the mutual - satisfaction. I am, Sir, your most obedient servant, - - (Signed) JOHN JOHNSON. - - THOMAS IRELAND, Jun. Esq. - Bookseller, 57, South Bridge, Edinburgh. - - - * * * * * - - _Edinburgh, 13th Feb. 1829._ - - SIR,--I think it very unnecessary to return any particular reply - to your two last letters. - - Since you will not condescend to say what would satisfy Mr. - Swanston, I shall publish in the forthcoming number of the work, - your first letter of the 7th, and my answer of the 11th. - - If you wish any thing further inserted, you can let me know in - the course of to-morrow forenoon. I am, Sir, your very obedient - servant, - (Signed) THOMAS IRELAND, Jun. - To JOHN JOHNSON, Esq. - 4, Grove Street, Edinburgh. - - -FOOTNOTES: - -[1] The following narration has been taken down from the lips of the -officer who apprehended Burke and his accomplices:-- - -“On Friday, the 31st of October, a little elderly woman was seen -begging about the West Port: she entered the shop of Mr. Rymer, -adjacent to Burke’s house, for this purpose, when Burke was there -purchasing whisky. He seems to have immediately fixed upon her as -a fit subject for his atrocious purposes, and endeavoured to decoy -her into his power. He asked her name, and what part of Ireland she -came from; and upon receiving her answers, replied that he was from -the same place, and that she must be a relation of his mother, whose -name was Docherty. He then promised to give her breakfast, and they -left the shop together, and were seen to enter Burke’s house. She was -afterwards seen in the house at different times during the day; and two -lodgers, Gray and his wife, were sent to Hare’s house to make room for -her, under the pretence that she was a friend from Ireland. They were -afterwards seen making merry, drinking and dancing in company with Hare -and his wife, first in the house of Ann Connaway, and afterwards in -Burke’s. During the night, a great noise of quarrelling and cries of -murder were heard in Burke’s house; but the neighbours, knowing that -two men and three women were in the house, and having frequently heard -similar uproars, did not think much of it, nor interfere. One of them, -however, had the curiosity to look through the key-hole, when he saw -M‘Dougal holding a bottle to the mouth of Campbell, swearing at her for -not drinking, and pouring the whisky into her mouth. Then all was quiet -for a little. Shortly after, the noise again commenced, which was again -succeeded by silence. At this time, that is, between 11 and 12 o’clock, -it is presumed the horrid deed was perpetrated. - -“In the morning, M‘Dougal, who passed for Burke’s wife, accounted for -the absence of Campbell, or ‘the little old woman’ as they called her, -as well as for the noise, by saying that she had, during the night, -made too free with her husband, Burke, and that she had kicked her out -of the house: and this seems to have allayed any suspicions. In the -morning, the lodgers Gray and his wife returned to Burke’s; but upon -Mrs. Gray attempting to search about the bed, and the straw under it -for some articles she had left, she was ordered by Burke with an oath, -‘to keep out from them.’ Burke afterwards left the house, desiring -Broggan a carter who was there to sit on a chair close to the straw -until he returned. Broggan, however, followed him in a short time, -and MacDougal who appeared to be in liquor, started up from the bed -asking for her husband, and afterwards quitted the house, leaving Gray -and his wife sitting in it. Mrs. Gray then commenced searching for -her child’s stockings and cleaning the house, and from the suspicions -which had been excited by Burke’s conduct, she examined the straw and -found the murdered body, which her husband pulled out, and which they -immediately recognised to be that of Campbell. On going up the stair, -they were met by M‘Dougal, whom Gray informed of the body being found. -She affected to pass it off as if the woman had died in consequence of -a drunken frolic, and attempted to bribe them into silence by offering -them the ominous sum of _ten pounds_. She invited Gray and his wife -to take a dram in a neighbouring public-house, where she, along with -Hare’s wife, hurriedly left them, and upon their return to the house, -in two or three minutes, they called the people next door to come in, -as they wished to show them something; but upon examination the body -was gone. They immediately lodged information at the police office, and -a party of policemen were sent, but notwithstanding the most diligent -search that could be made, the body could not be found, nor the parties -implicated. At this time a servant girl who lived near informed them -that she had seen Burke and his wife, Hare and his wife, and the porter -M‘Culloch, going up the stair, the porter carrying a tea-box with the -top stuffed with straw; and that she laid her hand upon it and found -it soft. Upon the return of the policemen, sometime afterwards, Burke -came in, it is supposed to get some things previous to escaping. He -was pointed out by Gray, and immediately seized. He seemed to wish to -laugh it off, under the pretence that it was the lodgers who wished to -do him an ill turn, saying that he defied all Scotland to charge him -with any thing wrong, Mrs. Burke then came in, crying that she heard -the police were after her husband about the old woman, but that it was -all a drunken spree, and used a great many capers and dry laughs. She -was also immediately taken into custody, and both were conveyed to the -police office. - -“There was still no tidings of the body, when it was suggested that -the dissecting-rooms should be searched; and Lieutenant Paterson and -Serjeant-major Fisher went on Sunday morning for that purpose. They -were informed by Paterson, Dr. Knox’s man, that they had only received -one body, which was shown them, but from their not having seen Campbell -they could not identify it. Gray and his wife were sent for, who soon -recognised it, and after procuring a warrant it was conveyed to the -police office. - -“Early on Sabbath morning instructions were received to apprehend Hare -and his wife, and a party proceeded to his house about eight o’clock, -and were informed that they were both in the house and in bed. Upon -informing them that Captain Stewart wished to speak with them upon -the subject of the body that had been found in Burke’s, Mrs. Hare, -laughing, said, that the Captain and the police had surely very little -to do now to look after a drunken spree like this, repeatedly jeering -and laughing. Hare then said to her that he was at Burke’s and had a -dram or two, and likely they might be attaching some blame to them, but -he did not care for Captain Stewart, and they had better rise and see -what he had to say.--They were both conveyed to the police office, and -immediately lodged in separate cells.” - -[2] Several benevolent individuals have interested themselves in the -behalf of Gray and his wife, and as it may be gratifying to the hearts -of many to relieve the virtuous in distress, the publisher of this will -most cheerfully receive subscriptions for Gray’s behoof; and the public -are earnestly intreated to mark their sense of this poor man’s upright -and correct conduct when surrounded with tempters and temptations to -which a less manly and honest nature might have yielded! - -[3] As every thing relating to the ruffian Burke, may be interesting -at present, we add the following particulars about him, during his -residence in the parish of Peebles. - -He, and Helen M‘Dougal, resided in that burgh in the years 1825 and -1826, and part of 1827. - -I find, says our correspondent, that he is a native of Armagh, in the -north of Ireland, that he was a Roman Catholic, was a labourer, and -employed in working on the roads and in cutting drains. - -He made considerable pretensions to religion, as I recollect on my -first visit to his house he had one or two religious books lying near -him, which, he said, he read, being at that time confined by a sore -leg. He seemed a man of quiet manners, and, on my questioning him -about his country and profession, there appeared a mystery about him. -Since he has gained a guilty notoriety, I have made inquiries among -his neighbours about his character, and, I am informed, that he was an -inoffensive man, but that he kept suspicious hours. On the Saturday -night and Sabbath days, his house was the scene of riot and drunkenness -with the lowest of his countrymen. - -When he left this place, he owed the woman from whom he rented his -room, between forty and fifty shillings. He was then going to the -harvest, and promised to return and pay the rent, which he never did. -On application being made to him afterwards, in Edinburgh, for payment, -he sent word to the woman to meet him at the head of Eddlestone water, -a wild and desolate part of the road leading from this place to -Edinburgh. The meeting was to be at ten o’clock at night, when he would -pay her. Recent disclosures have fully proved for what purpose such a -meeting was to take place. - -[4] This is a mistake, it was the body of a man, as will be seen in the -previous memoir. - -[5] This also is a mistake, it was Hare who committed the murder alone, -when Burke was in the country. - -[6] Mr. M‘D. does not appear to have seen our copperplate engraving, -which is allowed to be an excellent likeness. - -[7] Here, in justice to the proprietor of Broggan’s house, we may -correct the mistake committed in page 200. That gentleman never -received the rent, and never applied for it. It is needless to state, -that the inadvertent error conveyed no imputation on him. - -[8] The statement regarding Mr. Swanston, was given by Janet Brown, who -was along with Mary Paterson. - -[9] A word here not legible in original. - - - -Transcriber’s Note: - -1. Obvious printers’, punctuation and spelling errors have been -corrected silently. - -2. Page 229: The verb had been omitted in the sentence. The word -“acted” has been inserted silently. (The Police ... (acted) under the -conduct of Captain Stewart and his Lieutenants.) - -3. Where appropriate, the original spelling has been retained. - -4. Superscripts are represented using the caret character, e.g. D^r. or -X^{xx}. - - - - - -*** END OF THE PROJECT GUTENBERG EBOOK WEST PORT MURDERS *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Title: West Port Murders</p> -<p style='display:block; margin-left:2em; text-indent:0; margin-top:0; margin-bottom:1em;'>Or an Authentic Account of the Atrocious Murders Committed by Burke and His Associates; Containing a Full Account of All the Extraordinary Circumstances Connected With Them. Also, a Report of the Trial of Burke and M‘Dougal. With a Description of the Execution of Burke, His Confessions, and Memoirs of His Accomplices, Including the Proceedings Against Hare, &c.</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Anonymous</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Contributor: Thomas Ireland</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: February 16, 2022 [eBook #67416]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: Brian Coe, Karin Spence and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK WEST PORT MURDERS ***</div> - - <div class="figcenter" id="frontispiece"> - <img - class="p2" - src="images/frontispiece.jpg" - alt="" /> - <p class="center">WILLIAM BURKE,</p> - <p class="center">as he appeared at the Bar,<br /> - taken in Court.</p> - <p class="center sm"><i>Published by Thomas Ireland Jun<sup>r</sup>. Edinburgh.</i></p> - </div> - - -<h1>WEST PORT MURDERS;<br /> - -<span class="xs">OR AN</span><br /> - -<span class="xs">AUTHENTIC ACCOUNT OF THE ATROCIOUS MURDERS</span><br /> - -<span class="xs">COMMITTED BY</span><br /> - -<span class="lg">BURKE AND HIS ASSOCIATES;</span><br /> - -<span class="xs">CONTAINING</span><br /> - -<span class="xs">A FULL ACCOUNT OF ALL THE EXTRAORDINARY CIRCUMSTANCES<br /> -CONNECTED WITH THEM.</span><br /> - -<span class="xs">ALSO,</span><br /> - -<span class="normal">A REPORT OF THE TRIAL</span><br /> - -<span class="xs">OF</span><br /> - -<span class="lg">BURKE AND M‘DOUGAL.</span><br /> - -<span class="xs">WITH</span><br /> - -<span class="sm">A DESCRIPTION OF THE EXECUTION OF BURKE,</span><br /> - -<span class="xs">HIS CONFESSIONS, AND MEMOIRS OF HIS ACCOMPLICES,</span><br /> - -<span class="xs">INCLUDING</span><br /> - -<span class="sm">THE PROCEEDINGS AGAINST HARE, &c.</span></h1> - -<hr class="tb" /> - -<p class="center xs">ILLUSTRATED BY PORTRAITS AND VIEWS.</p> - -<hr class="tb" /> - - <div class="poetry-container"> - <div class="poetry"> - <div class="stanza"> - <div>“O horror! horror! horror! tongue nor heart</div> - <div>Cannot conceive nor name thee!”</div> - <div class="right"><i>Macbeth.</i></div> - </div> - </div> - </div> - - -<p class="center">EDINBURGH:<br /> -<span class="sm">PUBLISHED BY THOMAS IRELAND, JUNIOR,</span><br /> -<span class="xs">57, SOUTH BRIDGE STREET.</span><br /> -<span class="sm">1829.</span></p> - -<p class="center xs p6">EDINBURGH:<br /> -PRINTED BY A. BALFOUR AND CO. HIGH STREET.</p> - -<div class="chapter"> -<p><span class="pagenum" id="Page_iii">[iii]</span></p> - -<h2 class="larger">CONTENTS.</h2> -</div> - -<table summary="contents" class="smaller"> - <tr> - <th></th> - <th class="pag">Page</th> - </tr> - - <tr> - <td class="cht smcap">Introduction</td> - <td class="pag"><a href="#Page_1">1</a></td> - </tr> - - <tr> - <td class="cht">Narrative of the Officer who apprehended the Murderers, <i>note</i></td> - <td class="pag"><a href="#Page_4">4</a></td> - </tr> - - <tr> - <td class="cht">Trial of Burke and M‘Dougal</td> - <td class="pag"><a href="#Page_9">9</a></td> - </tr> - - <tr> - <td class="cht1">Indictment</td> - <td class="pag"><a href="#Page_12">12</a></td> - </tr> - - <tr> - <td class="cht1">List of Witnesses</td> - <td class="pag"><a href="#Page_15">15</a></td> - </tr> - - <tr> - <td class="cht1">List of Jury</td> - <td class="pag"><a href="#Page_36">36</a></td> - </tr> - - <tr> - <td class="cht"><i>Witnesses Examined</i></td> - <td class="pag"></td> - </tr> - - <tr> - <td class="cht1">James Braidwood</td> - <td class="pag"><a href="#Page_36">36</a></td> - </tr> - - <tr> - <td class="cht1">Mary Stewart</td> - <td class="pag"><a href="#Page_36">36</a></td> - </tr> - - <tr> - <td class="cht1">Charles M‘Lauchlan</td> - <td class="pag"><a href="#Page_37">37</a></td> - </tr> - - <tr> - <td class="cht1">William Noble</td> - <td class="pag"><a href="#Page_38">38</a></td> - </tr> - - <tr> - <td class="cht1">Anne Black or Connaway</td> - <td class="pag"><a href="#Page_39">39</a></td> - </tr> - - <tr> - <td class="cht1">Janet Lawrie (or Law)</td> - <td class="pag"><a href="#Page_42">42</a></td> - </tr> - - <tr> - <td class="cht1">Hugh Alston</td> - <td class="pag"><a href="#Page_44">44</a></td> - </tr> - - <tr> - <td class="cht1">Elizabeth Paterson</td> - <td class="pag"><a href="#Page_45">45</a></td> - </tr> - - <tr> - <td class="cht1">David Paterson</td> - <td class="pag"><a href="#Page_45">45</a></td> - </tr> - - <tr> - <td class="cht1">John Broggan</td> - <td class="pag"><a href="#Page_47">47</a></td> - </tr> - - <tr> - <td class="cht1">Ann M‘Dougal or Gray</td> - <td class="pag"><a href="#Page_47">47</a></td> - </tr> - - <tr> - <td class="cht1">James Gray</td> - <td class="pag"><a href="#Page_50">50</a></td> - </tr> - - <tr> - <td class="cht1">George M‘Culloch</td> - <td class="pag"><a href="#Page_51">51</a></td> - </tr> - - <tr> - <td class="cht1">John Fisher</td> - <td class="pag"><a href="#Page_52">52</a></td> - </tr> - - <tr> - <td class="cht1">William Hare (or Haire)</td> - <td class="pag"><a href="#Page_53">53</a></td> - </tr> - - <tr> - <td class="cht1">Margaret Hare (or Haire)</td> - <td class="pag"><a href="#Page_62">62</a></td> - </tr> - - <tr> - <td class="cht1">Dr. Black</td> - <td class="pag"><a href="#Page_65">65</a></td> - </tr> - - <tr> - <td class="cht1">Dr. Christison</td> - <td class="pag"><a href="#Page_66">66</a></td> - </tr> - - <tr> - <td class="cht">Declaration of Burke, emitted 3d November</td> - <td class="pag"><a href="#Page_67">67</a></td> - </tr> - - <tr> - <td class="cht2">Do. do. 10th November</td> - <td class="pag"><a href="#Page_71">71</a></td> - </tr> - - <tr> - <td class="cht2">Do. do. 19th November</td> - <td class="pag"><a href="#Page_74">74</a></td> - </tr> - - <tr> - <td class="cht">Declaration of M‘Dougal, 3d November</td> - <td class="pag"><a href="#Page_75">75</a></td> - </tr> - - <tr> - <td class="cht2">Do. do. 10th November</td> - <td class="pag"><a href="#Page_78">78</a></td> - </tr> - - <tr> - <td class="cht">Verdict</td> - <td class="pag"><a href="#Page_92">92</a></td> - </tr> - - <tr> - <td class="cht">Sentence</td> - <td class="pag"><a href="#Page_95">95</a></td> - </tr> - - <tr> - <td class="cht">List of Counsel</td> - <td class="pag"><a href="#Page_96">96</a></td> - </tr> - - <tr> - <td class="cht">Remarks</td> - <td class="pag"><a href="#Page_97">97</a></td> - </tr> - - <tr> - <td class="cht">Behaviour of Pannels during Trial</td> - <td class="pag"><a href="#Page_101">101</a></td> - </tr> - - <tr> - <td class="cht">Popular Excitement<span class="pagenum" id="Page_iv">[iv]</span></td> - <td class="pag"><a href="#Page_105">105</a></td> - </tr> - - <tr> - <td class="cht">Conduct of Burke in Lock-up-house</td> - <td class="pag"><a href="#Page_108">108</a></td> - </tr> - - <tr> - <td class="cht">Liberation of M‘Dougal</td> - <td class="pag"><a href="#Page_110">110</a></td> - </tr> - - <tr> - <td class="cht">Burke’s Conduct in Jail</td> - <td class="pag"><a href="#Page_113">113</a></td> - </tr> - - <tr> - <td class="cht">Hare’s Behaviour</td> - <td class="pag"><a href="#Page_116">116</a></td> - </tr> - - <tr> - <td class="cht">Burke’s and Hare’s Houses</td> - <td class="pag"><a href="#Page_120">120</a></td> - </tr> - - <tr> - <td class="cht">Remarks on their Characters</td> - <td class="pag"><a href="#Page_123">123</a></td> - </tr> - - <tr> - <td class="cht">Murder of Mary Paterson</td> - <td class="pag"><a href="#Page_124">124</a></td> - </tr> - - <tr> - <td class="cht">Janet Brown’s Statement relative to the Murder of Paterson</td> - <td class="pag"><a href="#Page_125">125</a></td> - </tr> - - <tr> - <td class="cht">Murder of Daft Jamie</td> - <td class="pag"><a href="#Page_132">132</a></td> - </tr> - - <tr> - <td class="cht">Curious Rencontre between Daft Jamie and Bobby Auld</td> - <td class="pag"><a href="#Page_133">133</a></td> - </tr> - - <tr> - <td class="cht">Legal Discussions relative to the Trial of Hare and the <i>Socii Criminum</i></td> - <td class="pag"><a href="#Page_137">137</a></td> - </tr> - - <tr> - <td class="cht">Memoirs of Burke, <i>with particulars</i> of all the Murders <i>communicated by Himself</i></td> - <td class="pag"><a href="#Page_170">170</a></td> - </tr> - - <tr> - <td class="cht">List of Murders committed by Burke and Hare</td> - <td class="pag"><a href="#Page_201">201</a></td> - </tr> - - <tr> - <td class="cht">Town Council Proceedings</td> - <td class="pag"><a href="#Page_212">212</a></td> - </tr> - - <tr> - <td class="cht">Confessions of Burke from the Caledonian Mercury</td> - <td class="pag"><a href="#Page_216">216</a></td> - </tr> - - <tr> - <td class="cht">Preparations for Burke’s Execution</td> - <td class="pag"><a href="#Page_221">221</a></td> - </tr> - - <tr> - <td class="cht">Removal to the Lock-up-house</td> - <td class="pag"><a href="#Page_223">223</a></td> - </tr> - - <tr> - <td class="cht">Occurrences on the Street previous to the Execution</td> - <td class="pag"><a href="#Page_227">227</a></td> - </tr> - - <tr> - <td class="cht">The Execution</td> - <td class="pag"><a href="#Page_234">234</a></td> - </tr> - - <tr> - <td class="cht">Character of Burke</td> - <td class="pag"><a href="#Page_247">247</a></td> - </tr> - - <tr> - <td class="cht">Occurrences after the Execution</td> - <td class="pag"><a href="#Page_251">251</a></td> - </tr> - - <tr> - <td class="cht">Description of the Body</td> - <td class="pag"><a href="#Page_252">252</a></td> - </tr> - - <tr> - <td class="cht">Riot at the College</td> - <td class="pag"><a href="#Page_254">254</a></td> - </tr> - - <tr> - <td class="cht">Phrenological Development of Burke</td> - <td class="pag"><a href="#Page_259">259</a></td> - </tr> - - <tr> - <td class="cht">Observations on the Head of William Burke</td> - <td class="pag"><a href="#Page_262">262</a></td> - </tr> - - <tr> - <td class="cht">Remarks on do.</td> - <td class="pag"><a href="#Page_267">267</a></td> - </tr> - - <tr> - <td class="cht">Proceedings against Hare</td> - <td class="pag"><a href="#Page_272">272</a></td> - </tr> - - <tr> - <td class="cht">Memoirs of Hare</td> - <td class="pag"><a href="#Page_306">306</a></td> - </tr> - - <tr> - <td class="cht">Hare’s Reception in Dumfries</td> - <td class="pag"><a href="#Page_312">312</a></td> - </tr> - - <tr> - <td class="cht">Hare’s Appearance</td> - <td class="pag"><a href="#Page_325">325</a></td> - </tr> - - <tr> - <td class="cht">Letter from the Sheriff to the Right Hon. the Lord Provost</td> - <td class="pag"><a href="#Page_329">329</a></td> - </tr> - - <tr> - <td class="cht">Official Confessions of Burke</td> - <td class="pag"><a href="#Page_331">331</a></td> - </tr> - - <tr> - <td class="cht">Confessions of Burke from the Edinburgh Evening Courant</td> - <td class="pag"><a href="#Page_340">340</a></td> - </tr> - - <tr> - <td class="cht">Account of Helen M‘Dougal</td> - <td class="pag"><a href="#Page_353">353</a></td> - </tr> - - <tr> - <td class="cht">—— —— Mrs. Hare</td> - <td class="pag"><a href="#Page_355">355</a></td> - </tr> - - <tr> - <td class="cht">Popular Tumult</td> - <td class="pag"><a href="#Page_361">361</a></td> - </tr> -</table> - -<h2 class="larger nobreak">LIST OF PLATES.</h2> - -<table summary="plates" class="smaller"> - <tr> - <td class="cht">Portrait of Burke, to face title</td> - <td class="pag1"><a href="#frontispiece">frontispiece</a></td> - </tr> - - <tr> - <td class="cht">Ground Plan of Burke’s House</td> - <td class="pag1"><a href="#i_b_036fp">36</a></td> - </tr> - - <tr> - <td class="cht">Portrait of Helen M‘Dougal</td> - <td class="pag1"><a href="#i_b_097fp">97</a></td> - </tr> - - <tr> - <td class="cht">Burke’s House from the Back Court</td> - <td class="pag1"><a href="#i_b_120fp">120</a></td> - </tr> - - <tr> - <td class="cht">View of Burke’s Execution</td> - <td class="pag1"><a href="#i_b_237fp">237</a></td> - </tr> - - <tr> - <td class="cht">Portrait of Hare</td> - <td class="pag1"><a href="#i_b_272fp">272</a></td> - </tr> - - <tr> - <td class="cht">Fac-simile of Burke’s Hand-writing</td> - <td class="pag1"><a href="#i_b_352fp">352</a></td> - </tr> - - <tr> - <td class="cht">Portrait of Mrs. Hare</td> - <td class="pag1"><a href="#i_b_355fp">355</a></td> - </tr> -</table> - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_1">[1]</span></p> - -<h2 class="nobreak larger">THE WEST PORT MURDERS.</h2> -</div> - - -<p>We have heard a great deal of late concerning “the march of intellect” -for which the present age is supposed to be distinguished; and the -phrase has been rung in our ears till it has nauseated us by its -repetition, and become almost a proverbial expression of derision. But -we fear that, with all its pretended illumination, the present age must -be characterized by some deeper and fouler blots than have attached to -any that preceded it; and that if it has brighter spots, it has also -darker shades and more appalling obscurations. It has, in fact, nooks -and corners where every thing that is evil seems to be concentrated and -condensed; dens and holes to which the Genius of Iniquity has fled, -and become envenomed with newer and more malignant inspirations. Thus -the march of crime has far outstripped “the march of intellect,” and -attained a monstrous, a colossal development. The knowledge of good -and evil would seem to have imparted a fearful impulse to the latter -principle; to have quickened, vivified, and expanded it into an awful -and unprecedented magnitude. Hence old crimes have become new by being -attended with unknown and unheard-of concomitants; and atrocities never -dreamt of or imagined before have sprung up amongst us to cover us -with confusion and dismay. No one who reads the following report of -the regular system of murder, which seems to have been organised in -Edinburgh, can doubt that it is almost wholly without example in any -age or country. Murder is no novel crime; it has been done in the olden -time as well as now; but murder perpetrated in such a manner, upon -such a system, with such an object or intent, and accompanied by such -accessory circumstances, was never, we believe, heard of before, and, -taken altogether, utterly transcends and beggars every thing in the -shape of tragedy to be found in poetry or romance. Even Mrs. Radcliffe, -with all<span class="pagenum" id="Page_2">[2]</span> her talent for imagining and depicting the horrible, has not -been able to invent or pourtray scenes at all to be compared, in point -of deep tragical interest, with the dreadful realities of the den in -the West Port. To show this, we shall endeavour to exhibit a faint -sketch of the more prominent circumstances attending the murder of the -woman Campbell or Docherty, as proved in evidence at the trial.</p> - -<p>In the morning of a certain day in October last (the 31st) Burke -chances to enter the shop of a grocer, called Rymer; and there he sees -a poor beggar woman asking charity. He accosts her, and the brogue -instantly reveals their common country. The poor old woman’s heart -warms to her countryman, and she tells him that her name is Docherty, -and that she has come from Ireland in search of her son. Burke, on -the other hand, improves the acquaintance, by pretending that his -mother’s name was also Docherty, and that he has a wondrous affection -for all who bear the same euphonous and revered name. The old woman -is perfectly charmed with her good fortune in meeting such a friend -in such a countryman, and her heart perfectly overflows with delight. -Burke, again, seeing that he has so far gained his object, follows up -his professions of regard by inviting Mrs. Docherty to go with him to -his house, at the same time offering her an asylum there. The poor -beggar woman accepts the fatal invitation, and accompanies Burke to -that dreadful den, the scene of many previous murders, whence, she -is destined never to return. Here the ineffable ruffian treats her -to her breakfast, and as her gratitude rises, his apparent attention -and kindness increase. This done, however, he goes in search of his -associate and accomplice Hare, whom he informs that he has “got a -<i>shot</i> in the house,” and invites to come over at a certain time -and hour specified “to see it done.” Betwixt eleven and twelve o’clock -at night is fixed upon by these execrable miscreants for destroying -the unhappy victim whom Burke had previously seduced into the den -of murder and death; and then Burke proceeds to make the necessary -arrangements for the commission of the crime. Gray and his wife, -lodgers in Burke’s house, and whom the murderers did not think it -proper or safe to entrust with the secret, are removed for that night -alone: another bed is procured for them, and paid for, or offered to be -paid for, by Burke. By and by the murderers congregate, and females, -cognisant of their past deeds, as well as of the crime which was to be -perpetrated, mingle with them in this horrid meeting. Spirituous liquor -is procured and administered to the intended victim; they all drink -mere or less deeply; sounds of mirth and revelry are heard echoing from -this miniature<span class="pagenum" id="Page_3">[3]</span> pandæmonium; and a dance, in which they all, including -the beggar woman, join, completes these infernal orgies. This is kept -up for a considerable while, and is the immediate precursor of a deed -which blurs the eye of day, and throws a deeper and darker shade around -the dusky brow of night.</p> - -<p>At length the time for “doing it” arrives. Burke and Hare got up a -sham fight, to produce a noise of brawling and quarrelling, common -enough in their horrid abode; and when this has been continued long -enough as they think, Burke suddenly springs like a hungry tiger on -his victim, whom one of his accomplices had, as if by accident, thrown -down,—flings the whole weight of his body upon her breast,—grapples -her by the throat,—and strangles her outright. Ten minutes or a -quarter of an hour elapse while this murderous operation is going on, -and ere it is completed; during the whole of which time Hare, by his -own confession in the witness-box, sat upon the front of the bed, a -cool spectator of the murder, without raising a cry or stretching -out a hand to help the unhappy wretch thus hurried into eternity by -his associate fiend Burke. As to the women (Helen M‘Dougal, Burke’s -helpmate, and the wife of the miscreant Hare) they seem to have -retreated into a passage closed in by an outer door, “when they saw him -(Burke) on the top of her” (Docherty), and to have remained there while -he was perpetrating the murder; without, however, uttering a single -sound or doing a single act, calculated to interrupt the murderer in -his work of blood, or to procure assistance to the dying victim. These -she-devils were familiar with the work of death; and one of them, the -wife of Hare, confessed it in the witness-box. She had seen, she said, -such “tricks” before.</p> - -<p>No language can add to the impression which these facts are calculated -to produce. The succeeding events, however, are not less picturesquely -horrifying. The murder was committed at eleven o’clock, and in an -hour after, or at twelve, Burke fetches Paterson, the assistant or -servant of a teacher of Anatomy in Edinburgh, to whom he was in the -habit of selling the bodies of his victims, to the spot—the murdered -body being by this time stuffed under the bed and covered with straw; -and, pointing to that truly dreadful place, tells him that he has got -a subject for him there, which will be ready for him in the morning. -The demons then appear to have recreated themselves with fresh dozes -of liquor; and about four or five in the morning, the two women -already mentioned, with a fellow of the name of Broggan who had joined -the party, after the deed was done,—laid down in the bed, beneath -which the murdered body of Docherty, not yet cold in death, had been<span class="pagenum" id="Page_4">[4]</span> -crammed, and went to sleep, some of them at least, as coolly as if -nothing of the kind had occurred. When daylight returned, the tea-box, -so often mentioned in the course of the trial, was procured, and the -slaughtered body crammed into it, and sent off by the porter M‘Culloch, -to Surgeons’ Square; after which Burke and his accomplice Hare set off -for Newington to obtain the whole or part of the price of the subject -they had procured by murder, and actually got <i>five pounds</i>, being -one-half of the price agreed upon.<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a></p> - -<p><span class="pagenum" id="Page_5">[5]</span></p> - -<p>Such is an imperfect and feeble outline of the facts of this case, -in the course of which was disclosed the horrid and appalling fact, -that, in certain holes and dens, both in the heart and in the -outskirts of this city, murder had been reduced into a system, with -the view of obtaining money for the bodies murdered; and that it was -perpetrated in the manner least likely to leave impressed upon the -body any evident or decisive marks of violence, being invariably -committed by means of suffocation or strangling, during partial or -total intoxication. The public is therefore to consider the present -as only one out of many instances of a similar nature which have -occurred.<span class="pagenum" id="Page_6">[6]</span> Hare’s wife admitted that she had witnessed many “tricks” -of the same kind; and Hare himself, when undergoing the searching -cross-examination of Mr. Cockburn—a cross-examination such as was -never before exemplified in any Court of Justice—durst not deny that -he had been concerned in other murders besides that of Docherty;—that -a murder had been committed in his own house in the month of October -last;—that he himself was a murderer, and his hands steeped in blood -and slaughter: we say he durst not deny it, and only took refuge in -“declining to answer” the questions put to him; which the Court of -course apprised him he was entitled to do in regard to questions that -went to criminate himself so deeply, and but for which caution we -have little doubt that he would have confessed not merely accession, -but a principal share in several murders. In fact, this “squalid -wretch,” as Mr. Cockburn so picturesquely called him, from the hue -and look of the carrion-crow in the witness-box, was disposed to be -extremely communicative, and apparently had no idea that any thing -he had stated was at all remarkable or extraordinary. Daft Jamie -was murdered in this miscreant’s house, and he has mentioned some -circumstances connected with the destruction of this poor innocent, -calculated to form a suitable <i>pendant</i> to the description we -have already given of the murder of Docherty. Jamie was enticed into -Hare’s house by Burke, the usual decoy-duck in this traffic of blood -(the appearance of Hare himself being so inexpressibly hideous that -it would have scared even this moping idiot,) and he was plied with -liquor for a considerable time. At first he refused to imbibe a single -drop; but by dint of coaxing and perseverance, they at last induced him -to take a little; and after he once took a little, they found almost -no difficulty in inducing him to take more. At length, however, he -became overpowered, and laying himself down on the floor, fell asleep. -Burke, who was anxiously watching his opportunity, then said to Hare, -“Shall I do it now?” to which Hare replied, “He is too strong for you -yet; you had better let him alone a while.” Both the ruffians seem to -have been afraid of the physical strength which they knew the poor -creature possessed, and of the use he would make of it, if prematurely -roused. Burke, accordingly, waited a little, but getting impatient -to accomplish his object, he suddenly threw himself upon Jamie, and -attempted to strangle him. This roused the poor creature, and, muddled -as he was with liquor and sleep, he threw Burke off and got to his -feet, when a desperate struggle ensued. Jamie fought with the united -frenzy of madness and despair, and Burke was about to be overpowered, -when he<span class="pagenum" id="Page_7">[7]</span> called out furiously to Hare to assist him. This Hare did by -tripping up Jamie’s heels; after which both the ruffians got upon him, -and, at length, though not even then without the greatest difficulty, -succeeded in strangling him.</p> - -<p>And all this has happened and has been carried on in a Christian -country, and in the Metropolis of Scotland, without a breath of -suspicion having been excited as to the existence of such hellish -atrocities, till Gray lodged information at the Police Office of the -murder of the woman Campbell or Docherty. It was said at the trial, -that the public mind had been excited and inflamed on the subject to -a degree wholly unprecedented; but how is it conceivable or possible -that even the lightest whisper of such infernal deeds—of an organised -system of murder—could find its way to the public, without producing -this excitement, without kindling up every feeling of horror and -indignation which the darkest and most unheard-of atrocities could -possibly rouse in virtuous and untainted minds? This was a natural -result of a great and unparalleled crime, or rather system of crimes; -it was a result which no power or influence could prevent; it was a -result which, even if it had been possible, ought not to have been -prevented. But as this excitement existed—as it had more or less -pervaded every mind—and as it might eventually, if not controlled, -have interfered with and affected the administration of stern justice, -it was right, nay it was necessary, both for the sake of public justice -and also for the satisfaction of the country, that the prisoners should -be ably and powerfully defended. Under this conviction, the head of -the Bar of Scotland, in conjunction with some other of its brightest -ornaments, came forward to offer their gratuitous services on the -occasion; and certainly never was there a defence in any case conducted -with more consummate ability—never perhaps was there a trial in which -higher talent, greater experience, or more splendid and overmastering -eloquence were displayed. And we rejoice that such has been the case. -Conduct like this reflects eternal honour on the Bar; because there -are instances in which it may throw a shield around innocence; while, -in every case, it is calculated to preserve the course of justice pure -and undefiled, as well to give additional satisfaction to the country, -to create additional confidence in the purity of the law, and to beget -a stronger feeling of security in the protection which it affords. -The most atrocious crimes are precisely those which ought to be most -cautiously and fully investigated; where prejudice of all sorts ought -to be most anxiously excluded or counteracted; where every facility in -the power of the Court to give, ought<span class="pagenum" id="Page_8">[8]</span> to be afforded to the prisoner, -both in preparing for his defence and on his trial; where the rules of -evidence ought to be most strictly adhered to, in so far as regards -either the admissibility or credibility of testimony; where the accused -should have the fullest benefit of every presumption in his favour; -and where his defence, ought if possible, to be conducted with the -greatest legal ability. Now Burke had all these advantages. The Court, -in the exercise of the discretion with which it is entrusted, adjudged -the trial of the prisoner to proceed upon only one of three separate -acts of murder charged against him in the indictment; while the -splendid array of Counsel, who voluntarily and gratuitously undertook -the conduct of his defence, exerted their whole skill, talents, and -eloquence, in his behalf. And we repeat that we rejoice at this; for, -as was well observed by the Lord Advocate in addressing the Jury for -the Crown upon the evidence which had been led, if the prisoner had -any good defence, it was thus sure to have ample justice done to it; -and if a conviction was obtained, it would be more satisfactory to the -country, and infinitely more important to the purity and efficacy of -the law.</p> - -<p>In these circumstances, however, a conviction <i>has</i> been obtained -against the pannel Burke—the prime murderer—the immediate and direct -agent by whom the crime charged was committed—the agent also, we -firmly believe, by whom not <i>three</i> but <i>thirteen</i> persons -were slaughtered, with the intent of excambing their murdered bodies -for gold; this monster, we say, <i>has</i> been convicted, and adjudged -to suffer the highest punishment of the law: and, with a sort of -poetical justice, he who made subjects of others, is to be made a -subject himself, and he now knows that his vile carcass, when the -hangman is done with it, will be subjected to the same process with -the bodies of his murdered victims. The idea of hanging him in chains -would have been out of all keeping with his crime; and hence, though -once entertained, it was most properly and judiciously abandoned. -But the conviction of Burke alone will not satisfy either the law or -the country. The unanimous voice of society in regard to Hare is, -<i>Delendus est</i>; that is to say, if there be evidence to convict -him, as we should hope there is. He has been an accessory before or -after the fact in nearly all of these murders; in the case of poor -Jamie he was unquestionably a principal; and his evidence on Wednesday -only protects him from being called to account for the murder of -Docherty. We trust, therefore, that the Lord Advocate, who has so ably -and zealously performed his duty to the country upon this occasion, -will bring the “squalid wretch”<span class="pagenum" id="Page_9">[9]</span> to trial, and take every other means -in his power to have these atrocities probed and sifted to the bottom.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak smcap">Trial of William Burke and Helen M‘Dougal.</h2> -</div> - - -<p>No trial in the memory of any man living has excited so deep, -universal, and, we may almost add, appalling an interest as that -of <span class="smcap">William Burke</span> and his female associate, <span class="smcap">Helen -M‘Dougal</span>, which took place on Wednesday, 24th December, 1828. By -the statements which from time to time appeared in the newspapers, -public feeling had been worked up to the highest pitch of excitement, -and the case, in so far as the miserable pannels were concerned, -to a certain extent prejudiced by the natural abhorrence which the -account of a new and unparalleled crime was calculated to excite. -This, however, is an evil inseparable from the freedom, activity, and -enterprise of the press, which is necessarily compelled to lay hold of -the events of the passing hour, more especially when these are of an -extraordinary or unprecedented kind: but it was more than atoned for by -many countervailing advantages of the greatest moment to the interests -of the community; and, besides, we are satisfied that any prejudice -or prepossession thus created, was anxiously and effectually excluded -from the minds of the jury, by whom this singular case was tried, and -that they were swayed by no consideration except a stern regard to the -sanction of their oaths, the purity of justice, and the import of the -evidence laid before them. At the same time, it was not so much to -the accounts published in the newspapers, which merely embodied and -gave greater currency to the statements circulating in society, as to -the extraordinary, nay, unparalleled circumstances of the case, that -the strong excitement of the public mind ought to be ascribed. These -were without any precedent in the records of our criminal practice, -and, in fact, amounted to the realization of a nursery tale. The -recent deplorable increase of crime has made us familiar with several -new atrocities. Poisoning is now, it seems, rendered subsidiary to -the commission of theft: stabbings, and attempts at assassination, -are matters of almost every day occurrence: and murder has grown so -familiar to us, that it has almost ceased to be viewed with that -instinctive and inexpressible dread which the commission of the -greatest crime against the laws of God and society used to excite. -But the present was the first instance of murder alleged to have been -perpetrated with the aforethought purpose and intent of selling the -murdered body as a subject for dissection to anatomists: it was a new -species of assassination, or murder for hire: and as such,<span class="pagenum" id="Page_10">[10]</span> no less -than from the general horror felt by the people of this country at the -process, from ministering to which the murderers expected their reward, -it was certainly calculated to make a deep impression on the public -mind, and to awaken feelings of strong and appalling interest in the -issue of the trial.</p> - -<p>Of the extent of the impression thus produced, and the feelings thus -awakened, it was easy to judge from what was every where observable on -Monday and Tuesday. The approaching trial formed the universal topic -of conversation, and all sorts of speculations and conjectures were -afloat as to the circumstances likely to be disclosed in the course of -it, and the various results to which it would eventually lead. As the -day drew near, the interest deepened; and it was easy to see that the -common people shared strongly in the general excitement. The coming -trial, they expected, was to disclose something which they had often -dreamed of, or imagined, or heard recounted around an evening’s fire, -like a tale of horror, or a raw-head-and-bloody-bones story, but which -they never, in their sober judgment, either feared or believed to be -possible; and hence, they looked forward to it with corresponding but -indescribable emotions. In short, all classes participated more or less -in a common feeling respecting the case of this unhappy man and his -associate; all expected fearful disclosures; none, we are convinced, -wished for any thing but justice.</p> - -<p>As it was morally certain that a vast crowd would be assembled early -on Wednesday, arrangements were made on Tuesday, under the immediate -superintendence of Mr. Sheriff Duff, for the admission of jurymen by -the door which connects the Signet Library with the Outer House, and -also for the accommodation of the individuals connected with the public -press. One half of the Court, the narrow dimensions of which have been -often complained of, and in fact were never more seriously felt, was, -as usual on such occasions, reserved for the members of the Faculty and -the Writers to the Signet in their gowns.</p> - -<p>So early as seven o’clock in the morning of Wednesday, a considerable -crowd had assembled in the Parliament Square, and around the doors -of the Court; and numerous applications for admission were made to -the different subordinate functionaries, but in vain. The regulations -previously agreed upon were most rigorously observed; while a large -body of police, which was in attendance, maintained the utmost order, -and kept the avenues to the Court unobstructed. The individuals -connected with the press were conducted to the seats provided for them -a little before eight o’clock; the members of the Faculty and of the -Society of Writers to the Signet were admitted<span class="pagenum" id="Page_11">[11]</span> precisely at nine; -and thus, with the jurymen impannelled, and a few individuals who had -obtained the <i>entrée</i> in virtue of orders from the Judges, the -Court became at once crowded in every part.</p> - -<p>About twenty minutes before ten o’clock, the prisoners, William Burke -and Helen M‘Dougal, were placed at the bar. The male prisoner, as -his name indicates, is a native of Ireland. He is a man rather below -the middle size, but stoutly made, and of a determined, though not -peculiarly sinister expression of countenance. The contour of his -countenance, as well as his features, are decidedly Milesian. His -face is round, with high cheek bones, grey eyes, a good deal sunk in -the head, a short snubbish nose, and a round chin, but altogether -of a small cast. His hair and whiskers, which are of a light sandy -colour, comport well with the make of the head, and with the complexion -which is nearly of the same hue. He was dressed in a shabby blue -surtout, buttoned close to the throat, a striped cotton waistcoat, and -dark-coloured small clothes, and had, upon the whole, what is called in -this country a <i>waugh</i> rather than a ferocious appearance; though -there is a hardness about the features, mixed with an expression in the -grey twinkling eyes, far from inviting. The female prisoner is fully -of the middle size, but thin and spare made, though evidently of large -bone. Her features are long, and by no means disagreeable,—a pair of -large, full, black eyes, imparting to them even something of interest -and expressiveness; but the upper half of her face is out of proportion -to the lower. She was miserably dressed in a small stone-coloured silk -bonnet, very much the worse for the wear, a printed cotton shawl, and -a cotton gown. She stoops considerably in her gait, and has nothing -peculiar in her appearance, except the ordinary look of extreme penury -and misery, common to unfortunate females of the same degraded class. -Both prisoners, especially Burke, entered the Court without any visible -signs of perturbation, and both seemed to attend very closely to the -proceedings which soon after commenced.</p> - -<p>The Court met at precisely a quarter past ten o’clock. The Judges -present were, the Right Honourable the Lord Justice Clerk, and Lords -Pitmilly, Meadowbank, and Mackenzie. Their Lordships having taken their -seats, and the instance having been called,</p> - -<p>The Lord Justice Clerk said—William Burke, and Helen M‘Dougal, pay -attention to the indictment that is now to be read against you.</p> - -<p>Mr. Patrick Robertson.—I object to the reading of the indictment. -It contains charges which I hope to be able to show<span class="pagenum" id="Page_12">[12]</span> your Lordships -are incompetent, and the reading of the whole of the libel must tend -materially to prejudice the prisoners at the bar.</p> - -<p>The Lord Justice Clerk.—I am unaccustomed to this mode of procedure. -It depends upon the Court whether the indictment shall be read or not.</p> - -<p>Mr. Patrick Robertson.—Certainly, my Lord; but I understand it is not -necessary to read the indictment; and we object to its being done on -the present occasion.</p> - -<p>Lord Justice Clerk.—We have found but little advantage to result from -the practice recently introduced of <i>not</i> reading the indictment. -It has rendered constant explanations necessary, and consumes more time -the one way than the other.</p> - -<p>Mr. Cockburn.—We object to the indictment being read, because it -is calculated to prejudice the prisoner. Our statement is, that it -contains charges, the reading of which cannot fail to operate against -him, and that these charges make no legal part of the libel.</p> - -<p>Lord Meadowbank.—I am against novelties; I am against interfering with -the discretion of the Court.</p> - -<p>The indictment was then read as follows:—</p> - -<div class="blockquot"> - -<p>William Burke and Helen M‘Dougal, both present prisoners in -the tolbooth of Edinburgh, you are indicted and accused at the -instance of Sir <span class="smcap">William Rae</span> of St. Catharine’s, Bart. -his Majesty’s Advocate for his Majesty’s interest: That albeit, -by the laws of this and of every other well governed realm, -<span class="smcap">Murder</span>, is a crime of an heinous nature and severely -punishable: Yet true it is and of verity, that you the said -William Burke and Helen M‘Dougal are both and each, or one or -other of you, guilty of the said crime, actor or actors, or art -and part: In so far as, on one or other of the days between -the 7th and 16th days of April 1828, or on one or other of the -days of that month, or of March immediately preceding, or of -May immediately following, within the house in Gibb’s Close, -Canongate, Edinburgh, then and now or lately in the occupation -of Constantine Burke, then and now or lately scavenger in the -employment of the Edinburgh Police Establishment, you the said -William Burke did, wickedly and feloniously, place or lay your -body or person, or part thereof, over or upon the breast or -person and face of Mary Paterson or Mitchell, then or recently -before that time, or formerly preceding, with Isabella Burnet or -Worthington, then and now or lately residing in Leith Street, in -or near Edinburgh, when she, the said Mary Paterson or Mitchell -was lying in the said house, in a state of intoxication, did, -by the pressure thereof, and by covering her<span class="pagenum" id="Page_13">[13]</span> mouth and nose -with your body or person, and forcibly compressing her throat -with your hands, and forcibly keeping her down, notwithstanding -her resistance, or in some other way to the Prosecutor unknown, -preventing her from breathing, suffocate or strangle her; -and the said Mary Paterson or Mitchell was thus, by the said -means or part thereof, or by some other means or violence, the -particulars of which are to the Prosecutor unknown, wickedly -bereaved of life by you the said William Burke; and this you -did with the wicked aforethought intent of disposing of, or -selling the body of the said Mary Paterson or Mitchell, when -so murdered, to a physician or surgeon, or some person in -the employment of a physician or surgeon, as a subject for -dissection, or with some other wicked and felonious intent -to the Prosecutor unknown. (2.) Further, on one or other of -the days, between the 5th and 26th days of October 1828, or -on one or other of the days of that month, or of September -immediately preceding, or of November immediately following, -within the house situated in Tanner’s Close, Portsburgh, or -Wester Portsburgh, in or near Edinburgh, then and now or lately -in the occupation of William Haire or Hare, then and now or -lately labourer, you the said William Burke did wickedly and -feloniously attack and assault James Wilson, commonly called or -known by the name of Daft Jamie, then or lately residing in the -house of James Downie, then and now or lately porter, and then -and now or lately residing in Stevenlaw’s Close, High Street, -Edinburgh, and did leap and throw yourself upon him, when the -said James Wilson was lying in the said house, and he having -sprung up, you did struggle with him, and did bring him to the -ground, and you did place or lay your body or person, or part -thereof, over or upon the person or body and face of the said -James Wilson, and did by the pressure thereof, and by covering -his mouth and nose with your person or body, and forcibly -keeping him down, and compressing his mouth, nose, and throat, -notwithstanding every resistance on his part, and thereby, or -in some other manner to the Prosecutor unknown, preventing him -from breathing, suffocate or strangle him; and the said James -Wilson was thus, by the said means, or part of them, or by some -other means or violence, the particulars of which are to the -Prosecutor unknown, wickedly bereaved of life and murdered by -you the said William Burke; and this you did with the wicked -aforethought and intent of disposing of or selling the body -of the said James Wilson, when so murdered, to a physician or -surgeon, or to some person in the employment of a physician or<span class="pagenum" id="Page_14">[14]</span> -surgeon, as a subject for dissection, or with some other wicked -and felonious intent or purpose, to the Prosecutor unknown. (3.) -Further, on Friday the 31st day of October 1828, or on one or -other of the days of that month, or of September immediately -preceding, or of November immediately following, within the -house then or lately occupied by you the said William Burke, -situated in that street of Portsburgh, or Wester Portsburgh, in -or near Edinburgh, which runs from the Grassmarket of Edinburgh -to Main Point, in or near Edinburgh, and on the north side of -the said street, and having an access thereto by a trance or -passage, entering from the street last above libelled, and -having also an entrance from a court or back court on the north -thereof, the name of which is to the Prosecutor unknown, you -the said William Burke and Helen M‘Dougal, did both and each, -or one or other of you, wickedly and feloniously place or lay -your bodies or persons, or part thereof, on the body or person -or part thereof of one or other of you, over or upon the person -or body and face of Madgy or Margery or Mary M‘Gonegal, or -Duffie, or Campbell, or Docherty, then or lately residing in -the house of Roderick Stewart or Stuart, then and now or lately -labourer, and then and now or lately residing in the Pleasance, -in or near Edinburgh; when she, the said Madgy or Margery, -or Mary M‘Gonegal, or Duffie, or Campbell, or Docherty, was -lying on the ground, and did, by the pressure thereof, and by -covering her mouth and the rest of her face with your bodies or -persons, or the body or person of one or other of you, and by -grasping her by the throat, and keeping her mouth and nostrils -shut, with your hands, and thereby, or in some other way to the -Prosecutor unknown, preventing her from breathing, suffocate or -strangle her; and the said Madgy or Margery, or Mary M‘Donegal, -or Duffie, or Campbell, or Docherty, was thus, by the said -means, or part thereof, or by some other means or violence, the -particulars of which are to the Prosecutor unknown, wickedly -bereaved of life, and murdered by you the said William Burke, -and you the said Helen M‘Dougal, or one or other of you; and -thus you, both and each, or one or other of you, did, with the -wicked aforethought intent of disposing of or selling the body -of the said Madgy or Margery or Mary M‘Gonegal, or Duffie, or -Campbell, or Docherty, when so murdered, to a physician or -surgeon, or to some person in the employment of a physician or -surgeon, as a subject for dissection, or with some other wicked -and felonious intent or purpose to the Prosecutor unknown: And -you, the said William Burke, having been taken before George -Tait, Esq. sheriff-substitute of the shire of<span class="pagenum" id="Page_15">[15]</span> Edinburgh, you -did in his presence, at Edinburgh, emit and subscribe five -several declarations of the dates respectively following, -viz.:—The 3d, 10th, 19th, and 29th days of November, and 4th -day of December 1828: And you, the said Helen M‘Dougal, having -been taken before the said sheriff-substitute, you did in his -presence, at Edinburgh, emit two several declarations, one -upon the 3d and another upon the 18th days of November 1828, -which declarations were each of them respectively subscribed -in your presence by the said sheriff-substitute, you having -declared you could not write: which declarations being to be -used in evidence against each of you by whom the same were -respectively emitted; as also the skirt of a gown; as also a -petticoat; as also a brass snuff-box, and a snuff-spoon, a -black coat, a black waistcoat, a pair of moleskin trowsers, -and a cotton handkerchief or neckcloth, to all of which sealed -labels are now attached, being to be used in evidence against -you, the said William Burke; as also a coarse linen sheet, a -coarse pillow-case, a dark printed cotton gown, a red-stripped -cotton bed-gown, to which a sealed label is now attached; as -also a wooden box; as also a plan, entitled “Plan of Houses -in Wester Portsburgh and places adjacent,” and bearing to be -dated Edinburgh, 20th November 1828, and to be signed by James -Braidwood, 22, Society, being all to be used in evidence against -both and each of you, the said William Burke and Helen M‘Dougal, -at your trial, will for that purpose be in due time lodged -in the hands of the clerk of the High Court of Justiciary, -before which you are about to be tried, that you may have an -opportunity of seeing the same. All which, or part thereof, -being found proven by the verdict of an assize, or admitted by -the respective judicial confessions of you the said William -Burke and Helen M‘Dougal, before the Lord Justice-General, the -Lord Justice Clerk, and the Lords Commissioners of Justiciary, -you, the said William Burke and Helen M‘Dougal, ought to be -punished with the pains of law, to deter others from committing -the like crimes in all time coming.</p> - -<p class="r2">A. WOOD, <i>A.D.</i></p> -</div> - - -<h3>LIST OF WITNESSES.</h3> - -<ul> - <li class="hangingindent">1 George Tait, Esquire, sheriff-substitute of the shire of -Edinburgh.</li> - - <li class="hangingindent">2 Archibald Scott, procurator-fiscal of said shire.</li> - - <li class="hangingindent">3 Richard John Moxey, now or lately clerk in the sheriff-clerk’s -office, Edinburgh.</li> - - <li class="hangingindent">4 Archibald M‘Lucas, now or lately clerk in the sheriff-clerk’s -office, Edinburgh.<span class="pagenum" id="Page_16">[16]</span></li> - - <li class="hangingindent">5 Janet Brown, now or lately servant to, and residing with, -Isabella Burnet or Worthington, now or lately residing in Leith -Street, in or near Edinburgh.</li> - - <li class="hangingindent">6 The foresaid Isabella Burnet or Worthington.</li> - - <li class="hangingindent">7 Elizabeth Graham or Burke, wife of Constantine Burke, now or -lately scavenger in the employment of the Edinburgh police, and -now or lately residing in Gibb’s close, Canongate, Edinburgh.</li> - - <li class="hangingindent">8 The foresaid Constantine Burke.</li> - - <li class="hangingindent">9 Jean Anderson or Sutherland, wife of George Sutherland, now or -lately silversmith, and now or lately residing in Middleton’s -Entry, Potter-row, Edinburgh.</li> - - <li class="hangingindent">10 William Haire or Hare, present prisoner in the tolbooth of -Edinburgh.</li> - - <li class="hangingindent">11 Margaret Laird or Haire or Hare, wife of the foresaid William -Haire or Hare, and present prisoner in the tolbooth of Edinburgh.</li> - - <li class="hangingindent">12 Jean M‘Donald or Coghill, wife of Daniel Coghill, now or -lately shoemaker, and now or lately residing in South St. -James’s street, in or near Edinburgh.</li> - - <li class="hangingindent">13 Margaret M‘Gregor, now or lately servant to, and residing -with, John Clark, now or lately baker, and now or lately -residing in Rose street, in or near Edinburgh.</li> - - <li class="hangingindent">14 Richard Burke, son of, and now or lately residing with, the -foresaid Constantine Burke.</li> - - <li class="hangingindent">15 William Burke, son of, and now or lately residing with, the -foresaid Constantine Burke.</li> - - <li class="hangingindent">16 Janet Wilson or Downie, wife of James Downie, now or lately -porter, and now or lately residing in Stevenlaw’s close, High -street, Edinburgh.</li> - - <li class="hangingindent">17 Mary Downie, daughter of, and now or lately residing with, -the foresaid James Downie.</li> - - <li class="hangingindent">18 William Cunningham, now or lately scavenger in the employment -of the Edinburgh police, and now or lately residing in Fairley’s -Entry, Cowgate, Edinburgh.</li> - - <li class="hangingindent">19 George Barclay, now or lately tobacconist in North College -street, in or near Edinburgh.</li> - - <li class="hangingindent">20 David Dalziell, now or lately copperplate printer, and now or -lately residing with his father, George Dalziell, now or lately -painter, and now or lately residing in North Fowlis’ close, High -street, Edinburgh.</li> - - <li class="hangingindent">21 Margaret Newbigging or Dalziell, wife of the foresaid David -Dalziell.</li> - - <li class="hangingindent">22 Joseph M‘Lean, now or lately tinsmith, and now or lately -residing in Coul’s close, Canongate, Edinburgh.<span class="pagenum" id="Page_17">[17]</span></li> - - <li class="hangingindent">23 Andrew Farquharson, now or lately sheriff-officer in -Edinburgh.</li> - - <li class="hangingindent">24 George M‘Farlane, now or lately porter, and now or lately -residing in Paterson’s court, Lawnmarket, Edinburgh.</li> - - <li class="hangingindent">25 John Brogan, now or lately in the employment of John -Vallence, now or lately carter, and now or lately residing in -Semple street, near Edinburgh.</li> - - <li class="hangingindent">26 Janet Lawrie or Law, wife of Robert Law, now or lately -currier, and now or lately residing in Portsburgh or Wester -Portsburgh, in or near Edinburgh.</li> - - <li class="hangingindent">27 Ann Black, or Connaway, or Conway, wife of John Connaway or -Conway, now or lately labourer, and now or lately residing in -Portsburgh or Wester Portsburgh aforesaid.</li> - - <li class="hangingindent">28 The foresaid John Connaway or Conway.</li> - - <li class="hangingindent">29 William Noble, now or lately apprentice to David Rymer, now -or lately grocer and spirit-dealer in Portsburgh or Wester -Portsburgh aforesaid.</li> - - <li class="hangingindent">30 James Gray, now or lately labourer, and now or lately -residing with Henry M‘Donald, now or lately dealer in coals, and -now or lately residing in the Grassmarket, Edinburgh.</li> - - <li class="hangingindent">31 Ann M‘Dougall or Gray, wife of the foresaid James Gray.</li> - - <li class="hangingindent">32 Hugh Alston, now or lately grocer, and now or lately residing -in Portsburgh or Wester Portsburgh aforesaid.</li> - - <li class="hangingindent">33 Elizabeth Paterson, daughter of, and now or lately residing -with, Isabella Smith or Paterson, now or lately residing in -Portsburgh or Wester Portsburgh aforesaid.</li> - - <li class="hangingindent">34 The foresaid Isabella Smith or Paterson.</li> - - <li class="hangingindent">35 John M‘Culloch, now or lately porter, and now or lately -residing in Alison’s close, Cowgate, Edinburgh.</li> - - <li class="hangingindent">36 John Fisher, now or lately one of the criminal officers of -the Edinburgh police establishment.</li> - - <li class="hangingindent">37 John Findlay, now or lately one of the patrole of the -Edinburgh police establishment.</li> - - <li class="hangingindent">38 James Paterson, now or lately lieutenant of the Edinburgh -police establishment.</li> - - <li class="hangingindent">39 James M‘Nicoll, now or lately one of the serjeants of the -Edinburgh police establishment.</li> - - <li class="hangingindent">40 Mary Stewart or Stuart, wife of Roderick Stewart or Stuart, -now or lately labourer, and now or lately residing in the -Pleasance, near Edinburgh.</li> - - <li class="hangingindent">41 The foresaid Roderick Stewart or Stuart.</li> - - <li class="hangingindent">42 Charles M‘Lauchlan, now or lately shoemaker, and now<span class="pagenum" id="Page_18">[18]</span> or -lately residing with the foresaid Roderick Stewart or Stuart.</li> - - <li class="hangingindent">43 Elizabeth Main, now or lately servant to the foresaid William -Haire or Hare.</li> - - <li class="hangingindent">44 Robert Knox, M. D. lecturer on Anatomy, now or lately -residing in Newington place, near Edinburgh.</li> - - <li class="hangingindent">45 David Paterson, now or lately keeper of the Museum belonging -to the foresaid Dr. Robert Knox, and now or lately residing in -Portsburgh, or Wester Portsburgh aforesaid, with his mother, the -foresaid Isabella Smith or Paterson.</li> - - <li class="hangingindent">46 Thomas Wharton Jones, now or lately surgeon, and now or -lately residing in West Circus place, in or near Edinburgh, with -his mother, Margaret Cockburn or Jones.</li> - - <li class="hangingindent">47 William Ferguson, now or lately surgeon, and now or lately -residing in Charles street, in or near Edinburgh, with his -brother, John Ferguson, now or lately writer.</li> - - <li class="hangingindent">48 Alexander Miller, now or lately surgeon, and now or lately -residing in the lodgings of Elizabeth Anderson or Montgomery, -now or lately residing in Clerk street, in or near Edinburgh.</li> - - <li class="hangingindent">49 Robert Christison, M. D. now or lately Professor of Medical -Jurisprudence in the University of Edinburgh.</li> - - <li class="hangingindent">50 William Pulteny Alison, M. D. now or lately Professor of the -Theory of Physic in the University of Edinburgh.</li> - - <li class="hangingindent">51 William Newbigging, now or lately surgeon, and now or lately -residing in St. Andrew’s square, Edinburgh.</li> - - <li class="hangingindent">52 Alexander Black, now or lately surgeon to the Edinburgh -police establishment.</li> - - <li class="hangingindent">53 James Braidwood, now or lately builder, and master of -fire-engines on the Edinburgh police establishment.</li> - - <li class="hangingindent">54 Alexander M‘Lean, now or lately sheriff-officer in Edinburgh.</li> - - <li class="hangingindent">55 James Evans, student of medicine, now or lately residing with -Mr. James Moir, surgeon, residing in Tiviot-row, in or near -Edinburgh.</li> -</ul> - -<p class="r2">A. WOOD, <i>A. D.</i></p> - -<hr class="tb" /> - -<p><span class="smcap">Dean of Faculty.</span>—We have given in separate defences, which -may as well be read now,—beginning with the defences for the male -prisoner.</p> - -<p>The defences for Burke was then read as follows:</p> - -<p>The pannel submits that he is not bound to plead to, or to be tried -upon a libel, which not only charges him with three unconnected -murders, committed each at a different time,<span class="pagenum" id="Page_19">[19]</span> and at a different place, -but also combines his trial with that of another pannel, who is not -even alleged to have had any concern with two of the offences of which -he is accused. Such an accumulation of offences and pannels is contrary -to the general and the better practice of the Court; it is inconsistent -with right principle, and indeed, so far as the pannel can discover, -is altogether unprecedented; it is totally unnecessary for the ends of -public justice, and greatly distracts and prejudices the accused in -their defence. It is therefore submitted that the libel is completely -vitiated by this accumulation, and cannot be maintained as containing -a proper criminal charge. On the merits of the case, the pannel has -only to state that he is not guilty, and that he rests his defence on a -denial of the facts set forth in the libel.</p> - -<p>The defences for Helen M‘Dougal were next read as follows:</p> - -<p>If it shall be decided that the prisoner is obliged to answer to -this indictment at all, her answer to it is, that she is not guilty, -and that the Prosecutor cannot prove the facts on which his charge -rests. But she humbly submits that she is not bound to plead to it. -She is accused of one murder committed in October 1828, in a house in -Portsburgh, and of no other offence. Yet she is placed in an indictment -along with a different person, who is accused of other two murders, -each of them committed at a different time, and at a different place, -it not being alleged that she had any connection with either of these -crimes. This accumulation of pannels and of offences is not necessary -for public justice, and exposes the accused to intolerable prejudice, -and is not warranted, so far as can be ascertained, even by a single -precedent.</p> - -<p>Mr. <span class="smcap">Patrick Robertson</span> then addressed the Court in support -of the defences. In this indictment there were two prisoners named, -but these two prisoners did not appear on the face of it to have -any connection with each other. The major proposition contained a -simple charge of murder, without specifying any aggravation. In the -minor proposition, however, there were three distinct and totally -unconnected charges of murder. The first was against Burke alone, and -was charged as having been committed in April last, in a house in the -Canongate. But it was not stated that he had any accomplices. He was -the sole person charged with that offence. It appeared, indeed, from -the description of the crime, that he was charged “with the wicked, -aforethought purpose and intent, of disposing of and selling the -body, when murdered, as a subject for dissection, or with some other -wicked and felonious<span class="pagenum" id="Page_20">[20]</span> purpose and intent to the Prosecutor unknown.” -But, while, on the one hand, there was no aggravation laid in the -major proposition; yet on the other the Prosecutor did not confine -himself to one species of intent, but libelled two—the intent to -sell the body to the surgeons, and some other sort of vague undefined -species of intent to the Prosecutor himself unknown. The second -article in the indictment charged another murder, alleged to have -been committed in the month of October, in a place called Tanner’s -Close, in Wester Portsburgh. In this charge also William Burke is -the only person accused of that offence, and the intent laid is the -same as in the former instance. Then there was a charge of a third -murder, committed at a different place and time, viz. at a house in -Portsburgh on the 31st October; in which charge both William Burke and -Helen M‘Dougal were included: and, after describing the offence, the -intent libelled is the same as in the two former cases. Thus we had -three murders charged against the prisoners; two against Burke alone, -and one against Burke in conjunction with M‘Dougal; all of which were -committed at different times and in different places, without any -connection whatever between them: and these charges were laid without -any aggravation. Then five different declarations by Burke, and two -by M‘Dougal, were also libelled on, together with eight articles to -be adduced as evidence against the former, and six against both; and -in addition to all this, they were served with a list of fifty-five -witnesses by whom these different and totally unconnected charges were -to be proved. Now the question was, whether this charge, involving -such an accumulation of unconnected offences, was consistent with our -practice, with the humane principles of our law, and with that sound -and proper discretion which the Court was not only entitled, but bound -to exercise. But the first and most material point was, whether the -prisoners would suffer prejudice by the mode in which the libel had -been framed; for if that could be made out, it would justify their -Lordships in the exercise of the discretion with which they were -entrusted, in separating the different charges, or in selecting one -prisoner, and postponing another, according to the circumstances of -the case. The question then was, whether the prisoners would suffer -prejudice in going to trial with the libel as it now stood. And, in -considering this, it would be observed that it was not charged that -there was any natural connection between the crimes committed. There -was certainly none in law; and with the exception of the mode of the -murder and the intent, there was not the slightest pretence for saying -there was any connection between them. But the intent was not laid -absolutely<span class="pagenum" id="Page_21">[21]</span> and peremptorily. It was conditional: “Either you committed -these acts with the wicked, aforethought purpose and intent of selling -the bodies to the surgeons for dissection, or with some other purpose -or intent to the Prosecutor unknown.” This indeed would compel the -Prosecutor to prove that the murder was committed for the purpose of -handing over the bodies to dissection; but he might also bring in under -it a very different purpose or object, as, for example, that it was -done for the purpose of robbery, or to gratify private revenge. In the -major proposition, however, there was no aggravation; and it was not -said that there had been any conspiracy, that these murders were part -of a system; they were laid as three unconnected offences, committed at -different times and at different places. Now he prayed their Lordships -to keep in mind that murder was not like any of the other offences -which usually occurred in the practice of the Supreme Criminal Court; -it was one which, in every case, when brought home to a pannel, was -visited with the highest punishment of the law; and therefore it -differed from all the offences to which it was sometimes likened, and -required greater caution on the part of those by whom it was to be -tried. As applicable to the case of Burke, however, three murders were -charged; and this charge was calculated in the most serious degree to -prejudice him. Each specific offence, it might be said, would require -to be supported by its own specific evidence; but it was impossible to -find any jury so dispassionate as not to borrow some light from the -one to enable them to decide on the other; it was impossible for the -jury to separate the evidence in one case from that in another; it -was impossible that one murder not proved could be separated from any -light thrown upon it by another not proved; nay, though neither the -one nor the other might be proved, it might still be held, that upon -the whole, from the massing or blending of unconnected acts, enough -was made out to warrant a conviction. And all this was aggravated by -the prejudice arising from the manner in which the alleged murders -were said to have been committed, and in regard to which so strong -a degree of excitement existed in the public mind. Then observe the -oppression in the preparation of the trial; observe the situation in -which the pannels were placed. Three murders were charged, with a -list of fifty-five witnesses; besides seven declarations, five by the -one, and two by the other. One set, it might be said, was against one -prisoner, and the other against the other; but it was impossible so to -separate, or to analyse the evidence as not to admit against the one -evidence which was calculated to affect the other; and by thus mixing -up and<span class="pagenum" id="Page_22">[22]</span> massing together the whole into an unnecessary accumulation of -crime, to come to the same conclusion in regard to both. Look to the -case of Helen M‘Dougal, and it will be seen the prejudice must operate -still more strongly against her. She is accused of only one crime, and -it is not said that she had any connection with the others. But this -charge of murder, committed in the latter end of October, is brought -to trial, combined with two others committed, one in April, six months -previously, and the other in the beginning of October. Where is this -to stop? If the Prosecutor is allowed to proceed in this way, may he -not on the same principle combine ten murders against ten prisoners, -accused of ten different offences, committed in as many different -counties? He submitted that there must be some limitation; and the -question was, whether the Court could sustain the present charge by -which one individual, accused of one offence, is mixed up with another, -accused of two, with which she is not alleged to have had any concern. -Imagine this case. At the end of the indictment, eight articles were -specified against Burke, and six more against Burke and M‘Dougal -conjointly. Take the first—the skirt of a gown—and suppose it proved -against Burke alone. It could not be adduced as evidence against Helen -M‘Dougal. But suppose it was traced into her possession, and that -a witness was called to prove that it belonged to Mary Paterson or -Mitchell. This would be conclusive as to M‘Dougal’s connection with -Burke. But it might be said that the Judge would tell the Jury to -strike this out of their notes. That was an easy operation; but could -they strike it out of their minds as easily as out of their notes? Then -in what circumstances would Helen M‘Dougal be placed? An article not -libelled against her would be checkmate to her defence. She would be -taken by surprise,—she would be thrown off her guard; and although the -gown had come fairly and honestly into her possession she could produce -no evidence to instruct the fact. He put this as an illustration. So -far as the female prisoner was concerned it would be fatal.</p> - -<p>But was this a legal proceeding? If there be a prejudice existing, -the prisoner is entitled to the fairest possible defence. The more -atrocious the offence, the more guarded and cautious ought to be the -modes of procedure. So far, however, as they could discover from the -records of the Court, this was the first case in which it had been -attempted to charge three murders in the same indictment. There had -been several instances of three persons slain at the same time, as in -the Aberdeen riots, by a discharge of musketry, and in the case where -a whole family was poisoned: these, however, as Mr. Hume<span class="pagenum" id="Page_23">[23]</span> observed, -were all parts of the same foul and atrocious offence. But there was no -example, in the history of the Court, of combining three unconnected -offences against one person; far less of combining three against one -person who was not alleged to have any connection with two of them, -and was only implicated in a third, which had no manner of connection -with those which preceded it. Sir George Mackenzie, who would not be -suspected of any partiality to the prisoner, laid down the principle -most clearly, that different parties ought not to be thus combined in -an indictment. “A person accused,” says he, “was not obliged to answer -of old but for one crime in one day, except where there were several -pursuers, <i>Quoniam Attachiamenta, cap.</i> 65. by which, accumulation -of crimes was expressly unlawful, <i>sed hodie aliter obtinet</i>, -for now there is nothing more ordinar nor to see five or six persons -in one summonds or indictment; and to see one accuser pursue several -summondses; and yet seeing crimes are of so great consequence to the -defender, and are of so great intricacy, it appears most unreasonable -that a defender should be burthened with more than one defence at -once; and it appears that accumulation of crimes is intended, either -to læse the fame of the defender, or to distract him in his defence.” -Title 19, § 7. Here the principle was brought out in the clearest -manner—that salutary principle which says that no man ought to be -called upon to answer to more than one crime in one libel; since the -accumulation of crimes was calculated “either to læse the fame of the -prisoner, or to distract him in his defence.” The learned Counsel -then referred to the work of Mr. Baron Hume. That learned author -treats of the accumulation of crimes under different heads: first, of -those which are of one name and species, and of one class and general -description; secondly, of those criminal acts, though of different -kinds and appellations, have a natural relation and dependence; and, -thirdly, of that sort of <i>cumulatio actionum</i>, which consists -in the charging of <i>several persons</i> in the same libel <i>with -separate and unconnected crimes</i>. The first of these, he argued, had -no relation to the present case, because it did not include murder. All -the cases referred to were cases of housebreaking and theft; and though -the former was a capital offence, yet it was a very different one from -murder. No case of the latter was indeed quoted. The author treated -merely of connected crimes, as robbery and murder. But no injury -was done by such accumulation. They were parts of the same foul and -atrocious proceeding, and they had a natural and necessary dependence. -But in the present case there was no natural dependence, and not even -an allegation that the prisoners were connected.</p> - -<p><span class="pagenum" id="Page_24">[24]</span></p> - -<p>He then proceeded to the consideration of heterogenous charges, as -of murder and of theft. Some of these, he said, were not cases to -be followed at the present day: and he instanced that of Walter -Buchanan, who was accused of ten different crimes in one libel; namely, -fire-raising, attempts at fire-raising, attempts to poison, theft, -reset of theft, the harbouring, out-hounding, and maintaining of -thieves and robbers, sorning and levying black mail, and killing and -eating of other people’s sheep. Here, however, the Lords restricted -the trial to the more special charges. He now came to the principle, -and mentioned a case in 1784, when the Lord Advocate did depart from -several of the charges. In regard to accumulation of parties, Mr. Hume -put a case of several persons being called to answer in one libel for -the same fact; but then, observe the remedy. “On any occasion when they -see cause, especially if it appear that the Prosecutor meant to lay the -pannels under this disadvantage (he begged to disclaim any insinuation -that such was the intention of the Prosecutor in the present instance,) -the Court may and will separate the trials of the several culprits, -and send those to an assize, in the first place, by themselves, who -are meant to be called as witnesses for the others,” vol. ii. p. 170. -The learned Counsel then proceeded to the third sort of <i>cumulatio -actionum</i>, that of charging several persons in the same libel with -separate and unconnected offences, and contended very ably that the -case before the Court fell under this description.</p> - -<p>In conclusion, he referred to the English practice as illustrative -of the principle for which he had been contending, and referred to a -decision of Lord Ellenborough, as reported in Campbell, vol. ii. p. -131, and also to the authority of Chitty, vol. i. p. 252. By the law -of England, two felonies may be combined in one charge against two -separate prisoners; but it is usual for the Judge, in his discretion, -to call upon the prosecutor to make his election, and to proceed with -a specific charge against one individual. In point of law they may -be combined, but the judges in their discretion separate them; and -for this reason among others, that the combination would prejudice -prisoners in their challenge of the jury.</p> - -<p>The <span class="smcap">Lord Advocate</span> replied at some length. After complimenting -the learned counsel who had just concluded, on the able manner in which -he had opened the objections submitted to the consideration of the -Court, he stated that he thought them ill-founded. His learned friend -mixed up two objections altogether different. His first objection was -to bringing two prisoners to trial in the same indictment, and his -second to charging three different crimes in that indictment. He would -deal very<span class="pagenum" id="Page_25">[25]</span> shortly with the first. The woman was charged as having -been concerned with the man in one of the three murders. And this was -sanctioned by the law of the land. He put her in the indictment that -she might <i>not</i> be prejudiced. If she had been put into a separate -indictment, the public would have known the whole evidence before she -had been put upon her trial, and the prisoner would have had the best -possible reason to complain. This would have been the case had he first -brought the man to trial, and afterwards the woman, adducing against -her the same, or nearly the same evidence, which had previously been -adduced against the man. It was to obviate this, and to prevent her -from being prejudiced, that he had put her in the same indictment. “God -forbid,” said his Lordship, “that any person holding the situation I -do, should do any thing to prejudice a prisoner on his trial.” The -very contrary motive had guided him; but if he proceeded not against -the woman to-day, he would ten days hence, when she could not insist -on that which she now says will prejudice her. Nor, in a case of this -sort, would he be restrained from doing his duty to the country by any -consideration founded upon what were called the interests of science. -It was enough for him that a great crime had been committed; a crime -unheard of before in any civilized country: that the public mind had in -consequence become strongly agitated; and that the duty he owed to the -country left him no alternative. He was determined therefore to probe -and sift the whole matter to the bottom; nothing should deter him from -doing so; and he repeated, that if he was compelled to desert the diet -against this woman now, he would infallibly bring her to trial ten days -hence. Then she would find whether she had been prejudiced by the whole -evidence in this case having gone abroad to the world.</p> - -<p>The libel charged three separate acts; and in the major proposition -the crime specified was murder without any aggravation. These murders -were detached, as having taken place within the last six months; but -they were all committed in Edinburgh, and all were charged as having -been perpetrated with the same intent, which however is no aggravation. -Murder, indeed, could scarcely admit of aggravation. When a prosecutor -libels a positive intent, he is tied down to that, and there is no -alternative. These cases were all of the same description—all murders, -and all committed with the same intent. He admitted, that looking to -the proceedings of the Criminal Court, it might be impossible to find a -case of three murders combined in one indictment; but the present was -a case unprecedented in the annals of this or of any other civilized -country.<span class="pagenum" id="Page_26">[26]</span> There were numerous examples, however, where different -charges were combined in the same libel. The passage quoted from -Sir George Mackenzie did not apply to the case before the Court. It -referred to a case of a nature totally different. He then quoted Hume -II. 166, and maintained, upon his authority, that the crimes charged -being all of the same name and species, might properly be included -in the same indictment. It would indeed be dreadful if a prisoner, -after having committed three murders, could only be tried for one -of them. Mr. Hume referred to the case of James Inglis, tried upon -three charges of horse-stealing, each of which, if proved, involved -a capital punishment. Now, would not every argument which had been -employed against the present libel apply to such a charge? Again, two -acts of highway robbery were charged in the same indictment, any one -of which would have been sufficient, if proved, to lead to a capital -conviction. The whole tenor of our practice, indeed, confirmed this -mode of procedure, and, if the contrary obtained—if charges of the -same nature and description were put in separate indictments, prisoners -would be exposed to the intolerable hardship of undergoing trial day -after day; a hardship which he conceived would be incomparably greater -than any that could possibly arise from the practice now complained -of. He then referred to the case of Nairne and Ogilvie. Here it had -been objected that there was a <i>cumulatio actionum</i>, but the -objection had been repelled. His Lordship then cited the case of James -Morton tried at the Glasgow Circuit in 1823 on four separate acts; of -Donaldson Buchanan also tried there for stouthrief, housebreaking and -theft (all separate acts); of Beaumont, tried at Aberdeen in 1826, -where six acts of housebreaking were charged; and of Gillespie, tried -at Aberdeen in 1827, upon no less than nine separate acts of forgery. -His Lordship then quoted the case of Surridge and Dempster, indicted -for two separate acts of murder, committed indeed at the short interval -of an hour, but still in all respects completely separate acts. Upon -the strength of these consecutive authorities, all of which went to -support the principle for which he contended, his Lordship submitted -that the objection ought to be repelled.</p> - -<p>The <span class="smcap">Dean of Faculty</span>, in reply to the Lord Advocate, argued -powerfully in support of the views which had been opened by Mr. -Robertson. His Right Honourable and Learned Friend (the Lord Advocate) -might rely upon it that, on the part of the prisoner’s Counsel, -no doubt whatever was entertained of the perfect propriety of the -motive by which his Lordship had been actuated in framing the present -indictment; they<span class="pagenum" id="Page_27">[27]</span> were convinced that he had prepared and brought -forward the case in the manner which he conceived least likely to -prejudice the prisoners or to distract them in their defence. But, on -the other hand, he could with equal truth and sincerity assure his -Lordship, that the objection now raised had been taken from a firm -conviction that the sustaining of it was necessary for the safety -of the law, and indispensable to the ends of justice. It had been -said that the decisions of the Court ought to be adhered to, that -its practice ought not to be infringed upon; and yet it was admitted -that the present was the first case which had ever occurred of three -separate acts of murder being combined in the same indictment. In -this situation, then, were they not justified in submitting to the -Court the objection which had been taken upon the ground of this -unprecedented combination? The Learned Lord had intimated an intention -to desert the diet <i>pro loco et tempore</i> against the pannel -M‘Dougal. But the question still remained whether the interests of -the male prisoner would not be dreadfully prejudiced in his defence, -if put upon his trial for three separate acts of murder, committed at -different times, and in different places. Now he contended that the -present form of the indictment was adopted to effect an illegitimate -object: it was calculated to lead to great injustice to the prisoner. -What the Prosecutor insisted on passing to a Jury was an indictment -charging three distinct murders: he averred that there were separate -and unconnected acts of this crime; and he assumed that there was -sufficient proof to bring them home to the prisoner. But every man, -whatever the number of charges against him might be, was to be held and -presumed to be innocent till the contrary was proved, and a conviction -obtained against himself. There might, or there might not be sufficient -proof to convict him; but he contended for the benefit of the ordinary -presumption. “Give us,” said the Learned Counsel, “the benefit of -this presumption, to which we are entitled, and then let us see how -the case will stand.” In the indictment before their Lordships three -murders were charged; murders committed at different times; murders of -different persons, totally unconnected and living in different places; -and the last of these was stated to have been done in conjunction with -a third person who had no connection with the other two. But if the -Public Prosecutor were in a situation to prove one of these murders, it -would infer the death of the pannel. Then for what end or purpose of -public justice were three murders crammed into one indictment? If the -Prosecutor was unable to prove any one of them, there was no necessity -surely for putting it into this indictment. Suppose<span class="pagenum" id="Page_28">[28]</span> evidence were -brought to prove the first, but totally failed, and the second, but -also failed, or at least left them in such doubt that a verdict of not -guilty or not proven would have been returned if they had been tried -separately; nobody would maintain that a false or improbable charge -might not become a make-weight in the evidence to prove a separate and -distinct murder. The prisoner might take his trial on a combination -of such charges, but unless your Lordship interfered <i>ex parte -judicis</i>, the result would be what he described. The prejudice arose -from this <i>talis qualis</i> accession, not proved, but assumed; and -from the prejudice thus credited the prisoner might be convicted. They -could not lay the present indictment before a Jury without necessarily -prejudicing that Jury; and yet the Lord Advocate came forward and -alleged that he thought the whole objection frivolous and untenable, -saying that it was an attempt to smother the indictment altogether; -that is, he called an objection to an indictment, which did not contain -a specific allegation of a specific crime, but a congeries of offences -huddled together and charged <i>in cumulo</i>, an attempt to smother -it! How smothered? If the indictment was improperly framed, if two or -three charges were crammed into it instead of one, the prisoner was -entitled to have it smothered. He was entitled to a fair trial, and if -the libel was so constructed that this could not be afforded him, he -had a right to have it smothered. Every thing relative to a specific -charge their Lordships would receive, if brought forward in a competent -form; but the point previously adverted to still returned—Were they -to receive evidence in regard to two charges which might not be -proved, and which yet might affect the minds of the Jury in regard -to the third and lead to a conviction? The Learned Lord indeed said, -that there was only one sort of evidence, and that the crime had been -committed in the same place. But the place was not the same; in fact, -the <i>loci</i> were as distinct as if the one crime had been committed -in the Canongate of Edinburgh and the other in the remotest corner of -Scotland. In popular language and popular conceptions, they might be -held and represented as the same, but this would never do in matters -of law. They must have the <i>locus</i> strictly libelled. Nor was the -time the same. The first was committed at the distance of six months -from the second: the first took place in April, another took place in -the beginning of October, and a third occurred in the end of October. -Now, might not the prisoner prove an <i>alibi</i> in regard to one of -these crimes though not in regard to the other? But, further, the acts -were different. It was in vain to say that all the murders were of the -same <i>genus</i>, for<span class="pagenum" id="Page_29">[29]</span> this might be said of all the murders that ever -had been or ever would be committed; and on the face of the indictment -they were all different. In the major proposition no aggravation was -libelled, but it was said that all these murders had been committed -with the intent of disposing of the dead bodies to the Surgeons, or -with some other purpose or intent to the Prosecutor unknown. Did the -Learned Lord mean to say that he would fail if he did not prove this -intent? But that purpose was a separate crime, as was sufficiently -manifest from the late case (among others) of Bradwell at Glasgow. It -could not, therefore, be maintained that he would fail by not proving -the intent—by not proving a different crime from that libelled. It was -perfectly plain that it was competent to prove the intent, but the not -proving it could not in the least degree affect the libel. The crime -consisted in the wilful murder; and unless the motive amounted to a -justification, or an alleviation which reduced it to culpable homicide, -the intent would be inferred from the fact, and the highest punishment -of the law would follow a conviction. The evil of an indictment so -framed as the present was to produce an illegitimate effect by this -combination of intention or motive with the crime charged. The intent -charged might have been laid as a separate offence; but had this been -done we should now have been on a different objection, namely the -competency of such a charge. To these principles in the abstract, no -exception could be taken. Now, the Court would consider the situation -in which the pannel was placed. He had been put upon his defence -fifteen days after his examination; five declarations emitted by him -were libelled on; and most manifestly there did exist great prejudice -against him. He did not say that this would be a sufficient reason for -postponing the trial, but it was a sufficient reason for the Court -taking care that he suffered no injury in his defence. Another matter -in which the prisoner was prejudiced, by lumping together separate -charges in the same indictment, was in his challenges of the Jurymen. -It was evident that the prisoner had an interest that way. He did not -know who the Jurymen were to be, and of course could not mean to say -that there was any danger of an improper person being balloted; but -he had a clear right in the abstract—a right of which he ought not -to be deprived. If he had been tried on separate indictments he would -have had fifteen challenges, whereas by the combination of the charges -in the same indictment he had only five. Now there might be Jurymen -liable to challenge in one case and not in another, just as one witness -might be perfectly unexceptionable in one case and liable to the most -serious<span class="pagenum" id="Page_30">[30]</span> and fatal objections in another. He contended, therefore, that -in every view the principle was in their favour, as well as the justice -and imperious necessity of the case.</p> - -<p>The Learned Gentleman then referred to the authorities. He began -by commenting on the passage which had been quoted from Sir George -Mackenzie; which, he contended, the Lord Advocate had misunderstood, as -it was quite evident, that George Mackenzie used the word “summonds” as -synonymous with “indictment,” since an “accumulation of crimes,” the -subject treated of, could not be predicated of a summons in the common -acceptation of that term. And the doctrine laid down by this author was -that an “accumulation of crimes is intended, either to læse the fame -of the defender, or to distract him in his defence.” Now what did the -Lord Advocate say in answer to this? He referred to a passage in Mr. -Baron Hume’s work where that learned person says, that “the competency -has never been disputed of charging in one libel any number of criminal -acts, if they are all of one nature and species, or even of one class -and general description.” But it was evident that the offences of which -Mr. Hume spoke were of a different description from murder; for he -expressly added the qualification, “so as to adhere in this point of -view, and stamp a character on the pannel as one who is an habitual -and irreclaimable offender in this sort,” (vol. ii. p. 166.) And -accordingly the instances which he gave were of the crimes of theft -and housebreaking; crimes which were susceptible of being aggravated -by habit and repute, and of which the punishment might be restricted. -But murder admitted of no such aggravation, and never was restricted. -Hear, however, what Mr. Hume said in reference to those cases: “The -Court, whenever they find that the immediate trial of such manifold -changes is likely to prove oppressive, either to the witnesses, the -Jury, or themselves; <i>and still more, if they see cause to believe -that it may embarrass the pannel in his defence, or beget prejudices -against him in the minds of the Jury</i>;—in any of these cases, they -have it certainly in their power to divide or parcel out the libel, and -proceed in the first instance to the trial of as many of the articles -as may fitly be dispatched in a single diet, &c.” (vol. ii. p. 168.) -The cases which occurred in 1696 might, however, be referred to in -support of a contrary doctrine; but “if they are, I answer” said the -Learned Counsel—“Are your Lordships prepared to do what was done -in those cases? Are they to rule your Lordships’ decision in a case -without any precedent whatsoever?” But even these did not bear on the -present case; and none adverse to the principle had occurred since -the year 1784.<span class="pagenum" id="Page_31">[31]</span> Even the case of 1784 itself was not opposed to the -principle. <i>There</i>, there was connection. The case of Surridge -and Dempster was mentioned as a case of two murders, as a case where -more than one murder was charged in the indictment; but these were -clearly <i>partes ejusdem negotii</i>; they were committed in immediate -sequence and in furtherance of the same “foul and atrocious design.” It -was quite plain, therefore, that the cases quoted did not apply; that -they had no bearing whatever on the present case, where three different -and unconnected murders were charged against the same individual, and -where another party was mixed up with him in one of the alleged crimes. -Were they not entitled, then, to ask their Lordships, in the exercise -of a sound discretion, (which it was not denied the Court possessed) -“to divide and parcel out” the charges in this indictment, and to -find it incompetent to go to trial upon it as it presently stood? The -Learned Counsel then adverted to the state of the law of England on -this subject, commenting on the passage quoted by Mr. Robertson from -the work of Chitty, and concluded by observing that this was in all -respects a most serious case, and deserved the utmost attention of -the Court. No instance of three murders charged in one indictment had -happened in his time; many instances had indeed occurred in former -times; yet it had never been the practice to try the charges <i>in -cumulo</i>. But the more anomalous and unprecedented the case, the more -necessary was it to the ends of justice, and the more important to the -law, that it should be proceeded in with the utmost caution.</p> - -<p>Their Lordships then delivered their opinions on the objection which -had been raised and so ably argued by the prisoner’s Counsel.</p> - -<hr class="tb" /> - -<p><span class="smcap">Lord Pitmilly.</span>—The Court were peculiarly circumstanced in -being called upon to give an opinion on an indictment in a case, part -of which must unquestionably go to trial. He was quite clear that -one of the charges must undergo an investigation; that the trial to -that extent must proceed. But Counsel were by no means precluded from -stating the objection they had brought forward, and which, appearing -to them in the light it did, it became their duty to press upon the -attention of the Court. This accordingly they had done with equal -zeal and ability, in a manner which did honour to themselves, and -reflected credit on the Bar of Scotland. But it was the duty of the -Court to be calm and guarded; to express their opinions in a dignified -and dispassionate manner; and to avoid any thing which was either -calculated to unsettle the established principles of that<span class="pagenum" id="Page_32">[32]</span> law or -to form a bad precedent for the future. He agreed that there were -two different questions before the Court; the first of which was, -whether Helen M‘Dougal ought to have been included in the indictment. -And on that point he had no doubt of the Prosecutor’s right so to -include her. He approved of what the Lord Advocate had done, and he -had no hesitation in saying, that the trial should now proceed. The -other question was of a very different nature; namely, whether it was -competent, and also whether it was proper and fitting, that Burke -should now go to trial upon an indictment, charging three murders, or -should be tried on one or other of these charges. Of the competency -he had no doubt whatever. His Lordship was much struck with the -indictment when he first saw it, and he felt it to be his duty, as -it is always the duty of the Court on such occasions, to inform his -mind in regard to the principle on which it had been framed. He went -to the authorities on the subject, and after a careful examination of -them he had no doubt of the competency. When he looked at the cases of -Beaumont and Gillespie, particularly the latter, where nine separate -acts of forgery were charged, he could not have the smallest doubt -as to the competency of including these several charges in the same -indictment. Our practice on this point was too firmly fixed to admit of -any question, that one individual may be charged with several crimes of -the same nature, and committed at different times. The English cases -referred to he put altogether out of view, because this was not a new -point, now raised for the first time, and to be settled by a reference -to principle or analogy, but a matter fixed by our own practice, and -not again to be brought into dispute. He was therefore quite clear as -to the competency. But where it was a question of discretion merely, -and where that discretion, as in the present case, was strongly -appealed to, the Court would interfere, because it was their bounden -and sacred duty to prevent a prisoner from suffering prejudice in his -defence. The present prisoners, by their highly respectable Counsel, -declared that they would suffer prejudice if they were put upon their -trial on all the charges, and it was not for the Court to say whether -that might or might not be the case. Three consecutive trials might -or might not be beneficial to the prisoner. In his opinion they were -more advantageous to the Prosecutor. By this means he learned how to -conduct his case; and if he saw a link awanting in one trial, he might -endeavour, by means of additional evidence, to supply it in the next. -It did appear to him, therefore, that what the pannels asked for by -the<span class="pagenum" id="Page_33">[33]</span> mouths of their counsel, was calculated to do them more prejudice -than submitting to go to trial upon the indictment as it now stood. But -they had doubtless been well and judiciously advised, and were prepared -to take the consequences. He held, however, that the Prosecutor had -done right in including both of them in the same indictment; and that -by doing so he had taken the only and most effectual means in his power -not to prejudice them either in preparing for their defence or on their -trial. He well remembered a case in which the danger, disadvantage, -and odium attending consecutive trials were strikingly exemplified. It -happened in consequence of the Aberdeen riots, and the parties were -brought to trial at the instance of a private prosecutor. His Lordship -was counsel for the pannels, and they were acquitted. Not satisfied -with this, however, the private prosecutor reared up a new indictment -upon new grounds. And he could never forget the feeling which was -excited, by this attempt to bring the parties acquitted to a second -trial, in the Court, the Bar, and the country at large; there was -one general cry of indignation against a proceeding so shameless and -oppressive; the consequence of which was, that the private prosecutor -became alarmed, and the attempt was quashed. This was the natural -course of things. And, in general, it was lenity, and humanity, and -justice, to include all such cases in the same indictment. In the -present instance, no result such as that which took place in Aberdeen -was to be feared. But the Court being clearly vested with a discretion, -and the pannels having strongly appealed to that discretion, it was his -opinion that the cases should be tried separately.</p> - -<p><span class="smcap">Lord Meadowbank</span> entirely concurred in the views of Lord -Pitmilly. The nature of this case and the impression it had produced -upon the public were such, that it required the most careful and -anxious consideration; but he was confident that the more thoroughly -their Lordships were convinced of the existing state of excitement in -the public mind concerning it, the greater would be their anxiety that -the prisoners suffered no prejudice on their trial or in their defence. -The question here was one of very great and general importance. But -if it had been entertained on the question of competency, it would -have shaken the whole system of our criminal procedure. Our practice -of accumulating a number of charges in the same indictment had been -steady and uniform. With respect to the earlier cases referred to, -particularly that in 1696, he must say that he could not for his -soul comprehend upon what grounds the counsel for the prisoner had -attempted<span class="pagenum" id="Page_34">[34]</span> to invalidate their authority. The particular case referred -to occurred <i>after</i> the Revolution, when the Judges were as great -and eminent lawyers as ever sat in that Court. But in order to show the -uniformity of the practice, he needed not go farther back than the case -of Murdiston and Miller, where several acts, committed by different -individuals in different counties, were put into the same indictment; -yet not one iota of an objection was urged against the proceeding -similar to what they had heard to-day. Our own practice, in cases of -forgery, which was a capital crime, left no doubt upon the matter. -Several acts of this description of crime were constantly charged in -the same indictment.—In cases of robbery, it was not competent to -libel aggravation. The Prosecutor was not admitted to libel habit and -repute. That was now settled law. It had not been so formerly; and -accordingly, when he had the honour to fill the same situation, which -his learned friend (the Lord Advocate) now held, he had directed an -indictment to be raised to try the point,—and the law was now settled. -But it was competent to accumulate several acts in the same indictment, -and to have it tried by the same evidence and before the same Jury. -It was competent where there was several acts of robbery charged -against different individuals; and there was one case of a father and -a daughter, where the daughter was charged with two acts, and the -father with all the three libelled. He was therefore of opinion that -the Lord Advocate had done right in proceeding as he did. But the Court -had a discretion; and to that discretion the prisoners had appealed. -But having stated his opinion of that discretion, he deemed it right -to say, that the Court was not answerable for the consequences. The -prisoners had exercised <i>their</i> discretion, and he warned them to -consider well the step they had taken. As to the Court they were bound -to sit there and try the cases one after another.</p> - -<p><span class="smcap">Lord Mackenzie</span> also agreed with his learned brothers as to -the competency. In so far as discretion was concerned he likewise -concurred, upon the statement made by the pannel and his counsel that -he would suffer prejudice. He saw that the pannel was well and ably -advised; and he could not take it upon him to allege that there was any -thing absurd or unreasonable in the request which had been made.</p> - -<p><span class="smcap">Lord Justice Clerk.</span>—The only question here was as to -the competency of the charge against Burke: for the Lord Advocate -had intimated his intention not to proceed at present against the -woman. After listening attentively to all that had been said, after -considering the authorities, and recollecting something<span class="pagenum" id="Page_35">[35]</span> of the -practice of this Court, he thought the indictment framed in a legal -and proper manner. Burke was not accused of one crime, but of three -different acts of the same crime; and, therefore, he did not come -within the reach of those cases referred to by Mr. Hume. If this -indictment was a bad one, the Court had been guilty of a great -dereliction of its duty in sustaining many indictments framed upon -precisely the same principle. He recollected a case of several acts -of robbery, a capital crime, and one of the four pleas of the Crown, -included in the same indictment; and how could they distinguish -between such a charge and that of murder, which was another of the -pleas of the Crown? In fact, it was not now in the power of the Court -to depart from the practice which had been so firmly established and -so steadily followed. The Court, however, had a discretion, and where -it was appealed to they would exercise it. The Court had even found -an indictment irrelevant where it was strongly alleged by the pannel -that he would suffer prejudice were he tried upon it in its actual -shape.—Upon the responsibility of the respectable Counsel, who had -stated that the present prisoners would suffer prejudice if they were -tried upon the indictment before them as it now stood, he was of -opinion that the Court should interpose in virtue of its discretion. -But they ought to do so upon principle. They ought to find the libel -relevant, and also to find it competent to proceed to the trial of the -charges <i>seriatim</i>, leaving it to the option of the Prosecutor to -say which of them he might choose to begin with.</p> - -<p>This accordingly became the judgment of the Court. The objection was -repelled, but in respect of the allegation that the pannel would suffer -prejudice were he tried upon the indictment as it stood, find it -competent to proceed with only one of the charges at a time, leaving -it to the Lord Advocate to say which of them he thinks proper to begin -with.</p> - -<p>The <span class="smcap">Lord Advocate</span>.—In consequence of the opinion of the -Court I shall proceed with the last charge, which includes both the -man and the woman. The objection in regard to the latter has now been -completely removed.</p> - -<p>The <span class="smcap">Dean of Faculty</span>.—I beg to remind the learned Lord of his -former statement, that he would desert the diet against the woman.</p> - -<p>The <span class="smcap">Lord Advocate</span>.—The case is now completely changed. My -former statement was made upon the supposition that the trial as to -Burke was to proceed upon all the three charges at once.</p> - -<p><span class="pagenum" id="Page_36">[36]</span></p> - -<p>The Prisoners on being asked by the Lord Justice Clerk, if they were -guilty or not guilty of the crimes charged in the third article of the -Indictment, each answered “Not guilty.” The following Jury were then -chosen.</p> - - -<ul> - <li class="hangingindent">Nichol Allan, Manager of the Hercules Insurance Company, Edinburgh.</li> - - <li>John Paton, Builder, do.</li> - - <li>James Trench, Builder, do.</li> - - <li>Peter M‘Gregor, Merchant, do.</li> - - <li>William Bonar, Banker, do.</li> - - <li>James Banks, Agent, Leith Walk.</li> - - <li>James Melliss, Merchant, Edinburgh.</li> - - <li>John M‘Fie, Merchant, Leith.</li> - - <li>Thomas Barker, Brewer, do.</li> - - <li>Henry Fenwick, Grocer, Dunbar.</li> - - <li>David Brash, Grocer, Leith.</li> - - <li>David Hunter, Ironmonger, Edinburgh.</li> - - <li>Robert Jeffrey, Engraver, do.</li> - - <li>William Bell, Grocer, Dunbar.</li> - - <li>William Robertson, Cooper, Edinburgh.</li> -</ul> - -<p><i>First Witness</i> called for the prosecution, was JAMES BRAIDWOOD, -of the Fire Office Establishment, who being duly sworn.</p> - -<p>Question. Was that plan made by you? A. It was.</p> - -<p>Q. What plan is it? A. It is a plan of some houses in the West Port, to -which I was conducted by an officer.</p> - -<p>Q. Is the plan a correct one of the under ground houses? A. It is.</p> - - -<h3>MARY STEWART <i>Examined</i>.</h3> - -<p>Q. Do you remember a person of the name of Campbell, coming to live at -your house during last harvest? A. Yes, Sir, Michael Campbell.</p> - -<p>Q. How long is it since he left your house? A. On the Monday before the -fast day.</p> - -<p>Q. Do you remember a woman coming to your house to enquire after him? -A. Yes, Sir.</p> - -<p>Q. By what name did she call herself? A. She called herself Madgy -Campbell, and also Duffie, which she said was the name of her former -husband.</p> - -<p>Q. She came from Glasgow? A. Yes, Sir.</p> - -<p>Q. Did she state she came in search of her son? A. Yes.</p> - - <div class="figcenter" id="i_b_036fp"> - <img - class="p2" - src="images/i_b_036fp.jpg" - alt="" /> - <p class="center">GROUND PLAN <span class="sm"><i>OF</i></span> BURKE’S HOUSE</p> - <p class="center sm">as Produced in Court.</p> - <p class="center sm"><i>Published by Thomas Ireland Jun.^r Edinburgh.</i> <i>T. Clerk Sc.</i></p> - </div> - -<p><span class="pagenum" id="Page_37">[37]</span></p> - -<p>Q. What time did she leave your house? A. I came out of the Infirmary -on Thursday, and she left me on Friday, the 31st October.</p> - -<p>Q. Did she tell you where she was going? A. She said she was going to -search for her son.</p> - -<p>Q. Do you know a person of the name of Charles M‘Lauchlan?</p> - -<p>A. Yes, Sir; he slept with the woman’s son.</p> - -<p>Q. Have you ever seen that woman since? A. Not till I saw her at the -Police Office.</p> - -<p>Q. What hour did she leave your house? A. I think between 7 and 8 -o’clock in the morning.</p> - -<p>Q. Do you remember when you saw the woman’s body at the Police Office? -A. Yes, sir; it was on Sunday, two days after.</p> - -<p>Q. Could you recognize the body? A. Yes, Sir.</p> - -<p>Q. What dress did she leave your house in? A. In an old dark printed -gown, much patched, short sleeves, open before, sewed with white thread -in the back; black bombazet petticoat, and red striped short-gown.</p> - -<p>Q. Would you know these things? A. Yes, Sir.</p> - -<p>[These articles were shown to witness, and she identified the old -printed gown, and short dress.]</p> - -<p>By the Court.—Q. Do you know what her age might be?</p> - -<p>A. Between forty and fifty.</p> - -<p>By Counsel.—Q. What size was she? A. She was a little broad set woman.</p> - -<p>By the Court.—Q. When she stopt in your house, was she in good health? -A. Yes, my Lord.</p> - -<p>Q. Did you ever see her drunk? A. No, my Lord.</p> - - -<h3>CHARLES M‘LAUCHLAN <i>Examined</i>.</h3> - -<p>Q. In the month of October last, did you reside in the house of Mrs -Stewart in the Pleasance? A. Yes, Sir; along with one Michael Campbell.</p> - -<p>Q. What time did he leave that house? A. About the end of October.</p> - -<p>Q. Do you remember a woman coming to the house in October? A. Yes, Sir.</p> - -<p>Q. When she came did Michael Campbell live at the house? A. Yes, Sir.</p> - -<p>Q. What name did the woman go by? A. Mrs Campbell’s name was Marjory -M‘Gonegal; Duffie was her second husband’s name.</p> - -<p>Q. Had you ever seen her before? A. Yes, Sir; at home, in the County -Donegal in Ireland.</p> - -<p>Q. Did she remain some days at Stewart’s? A. Yes, Sir.</p> - -<p><span class="pagenum" id="Page_38">[38]</span></p> - -<p>Q. What time did she leave? A. She went away on Friday the 31st -October, between the hours of nine and ten in the morning.</p> - -<p>Q. Did you go with her? A. Yes, Sir, as far as my own shop door at the -foot of St Mary’s Wynd, where she shook hands with me. I asked her -where she was going, and she told me she was leaving town.</p> - -<p>Q. Did she appear in good health and sober? A. Yes, Sir, she appeared -to be of sober habits.</p> - -<p>Q. Did she come in search of her son? A. Yes, Sir.</p> - -<p>Q. Do you know if she had any money? A. No.</p> - -<p>Q. Did she complain of having none? A. I never heard her.</p> - -<p>Q. Did she pay any thing for her lodgings at Stewart’s? A. Her son paid -for them.</p> - -<p>Q. Did she breakfast at Stewart’s that morning? A. No, Sir.</p> - -<p>Q. Did you ever see her again in life? A. No, Sir.</p> - -<p>Q. When did you see the body? A. I saw it at the Police office, on -Sunday the 2d November.</p> - -<p>Q. You knew it to be that of the woman Campbell?</p> - -<p>A. Yes, Sir.</p> - -<p>Q. Did she ever call herself Docherty? A. No, Sir.</p> - - -<h3>WILLIAM NOBLE <i>Examined</i>.</h3> - -<p>Q. You are a shop-boy at Mr. Rymer’s, at Portsburgh?</p> - -<p>A. Yes, Sir.</p> - -<p>Q. Do you know the prisoner Burke by sight? A. Yes, Sir.</p> - -<p>Q. Do you know a man of the name of Hare? A. Yes.</p> - -<p>Q. What do you sell? A. Groceries.</p> - -<p>Q. Do you recollect a body found in the West Port? A. I recollect a -woman came to the door, and asked charity, on Friday 31st October. Q. -Was Burke in the shop at the time? A. He was.</p> - -<p>Q. Tell us what passed between Burke and the woman who asked charity? -A. He asked her name, and she said it was Docherty.</p> - -<p>Q. What did he say to that? A. He said she was a relation of his -mother’s.</p> - -<p>Q. Did Burke say what his mother’s name was? A. No.</p> - -<p>Q. Did Burke and the woman seem acquainted? A. Don’t recollect Q. What -happened after that? A. Burke took her away with him, and said, he -would give her her breakfast. This was on the Friday morning.</p> - -<p>Q. When did you see Burke after? A. He came back on Saturday, and -bought a box.</p> - -<p>Q. What sort of a box was it? A. A tea-box.</p> - -<p><span class="pagenum" id="Page_39">[39]</span></p> - -<p>He was shewn a tea-chest, and asked, if that was it? A. Could not say. -It was like it.</p> - -<p>Q. Have your tea boxes any particular mark? A. No.</p> - -<p>Q. Did Burke pay for the box? A. No, it is not paid for yet.</p> - -<p>Q. Whom did he send for it? A. Mrs Hare came for it about half an hour -after Burke left our shop, and got it away.</p> - - -<h3>ANNE BLACK or CONNAWAY <i>Examined</i>.</h3> - -<p>Q. You live in Wester Portsburgh? A. Yes.</p> - -<p>Q. What does your house consist of? A. One room.</p> - -<p>Q. You go down a stair to it? A. Yes, Sir.</p> - -<p>Q. And going down the stair you come to a passage? A. Yes.</p> - -<p>Q. Is there another door in the same side of the passage, a little -farther in? A. Yes.</p> - -<p>Q. Does that door lead into a room or a passage first? A. First into a -passage.</p> - -<p>Q. And at the end of that passage there is a room? A. Yes, Sir.</p> - -<p>Q. Who lived in that room in October last? A. It was Burke; he occupied -it in the last week of October.</p> - -<p>Q. Look at the female prisoner. Did she live with Burke in the last -week of October? A. Yes, Sir.</p> - -<p>On the other side of the passage there is another house in which lived -Mrs Law.</p> - -<p>Q. Did you ever see a person of the name of Hare coming to Burke? A. -Yes, Sir.</p> - -<p>Q. Were there any lodgers lived with the Burkes in October? A. Yes, a -man of the name of Gray.</p> - -<p>Q. Did you, on the 31st of October, see Burke? A. Yes.</p> - -<p>Q. What time of the day? A. I made no remarks.</p> - -<p>Q. Did you, see any one with him? A. About mid-day I saw him with a -woman; I was sitting by the fire, and they both passed my door.</p> - -<p>Q. Was it the prisoner? A. No.</p> - -<p>Q. Were they going in? A. Yes.</p> - -<p>Q. Was she a stranger? A. Yes.</p> - -<p>Q. Was there any one in the house with you at the time?</p> - -<p>A. Yes, Mrs Law.</p> - -<p>Q. Did you in the course of the day go into Burke’s? A. Yes.</p> - -<p>Q. Did you go in alone? A. Yes.</p> - -<p>Q. Did you find any one there? A. Yes, the said woman was sitting by -the fire.</p> - -<p>Q. Was she doing any thing? A. Supping porridge and milk.</p> - -<p><span class="pagenum" id="Page_40">[40]</span></p> - -<p>Q. How was she dressed? A. She had no gown on, she said her things were -washing. I saw nothing but her shift, and something tied on her head.</p> - -<p>Q. Did you see any stranger there? A. No.</p> - -<p>Q. Was Burke’s wife there? A. Yes.</p> - -<p>Q. Was Burke? A. I dont know. You have got a stranger, I said. Yes, -said M‘Dougal, we have got a friend of my husband’s here, a Highland -woman.</p> - -<p>Q. Was the strange woman sober? A. I dont know.</p> - -<p>Q. Did you hear her speak at that time? A. No.—I then went back in the -dark.</p> - -<p>Q. What happened after you went into your own house?</p> - -<p>A. Burke’s wife came and asked me to take care of her door until she -returned, as she was going out; my husband was sitting by the fire, and -after she went away, he said he thought he saw some person going into -Burke’s house. We took a light and went to see, but saw nobody, save -the stranger.</p> - -<p>Q. What did you do after this? A. I said, I thought some one had come -in. She rose and followed after me, and appeared the worse of drink at -the time. She said she was going to St Mary’s Wynd to see a boy, to -hear about her son, and she wanted the name of the land of houses, that -she might return, as she said she had no money to pay for her bed. I -told her she need not go for she would not find her way back again. She -said Burke, whom she called Docherty, had promised her supper and a bed -that night. I told her if she went out the Policemen would take her as -she was bad in drink.</p> - -<p>Q. Did she go out? A. No, she did not, she came into our house and -spoke a good while with my husband about Ireland and the army, in which -he had been.</p> - -<p>Q. Did you ask how Burke and she had become acquainted?</p> - -<p>A. No, but she said she intended to stop for a fortnight. I told her, -her landlord’s name was Burke and not Docherty, but she insisted it was -Docherty, for that was the name he gave himself to her.</p> - -<p>Q. What name did she call herself to you? A. She called herself -Docherty in her own name, and Campbell as her husband’s.</p> - -<p>Q. Did any other persons come to your house shortly after?</p> - -<p>A. Yes, Hare and his wife; Hare’s wife had a bottle with her, and he -insisted they should have a dram. The prisoner M‘Dougal came in also -and had a share.</p> - -<p>Q. Did you drink any? A. Yes, and my husband treated them.</p> - -<p>Q. Did the stranger get any drink? A. Yes.</p> - -<p>Q. Were they merry in your house? A. Yes, Hare was dancing<span class="pagenum" id="Page_41">[41]</span> on the -floor, so were Mrs Campbell and Mrs Burke; Campbell was bare-footed, -and got a scratch on the foot with the nails in Hare’s shoes, of which -she complained, but she was otherwise very well.</p> - -<p>Q. Did they leave your house together? A. No, Mrs Campbell said she -would not go till Docherty, meaning Burke, came in. I insisted on her -going, but she bade me not be cruel to a stranger. Shortly after, I -told her there was Docherty now, and she rose and followed him.</p> - -<p>Q. At what hour was this? A. I think it was between 10 and 11 at night. -She went towards Burke’s house.</p> - -<p>Q. Did you sleep that night? A. No, what disturbed me, was Burke and -Hare quarrelling. They appeared to be fighting.</p> - -<p>Q. At what hour did you get up in the morning? A. I got up between -three and four, but went to bed again, and got up altogether about -eight o’clock.</p> - -<p>Q. Whom did you see first? A. I heard Hare’s wife in the passage -calling to Mrs Law, who was then in our house, but she did not answer.</p> - -<p>Q. Did any other person come to your door? A. Yes, a girl afterwards -came inquiring for John, who witness understood was Burke; it was -between eight and nine.</p> - -<p>Q. Did you direct her to Burke? A. Yes.</p> - -<p>Q. Did you see Mrs M‘Dougal? A. Yes, shortly after she came and told -me William (Burke) was wanting me. I went to Burke’s and found Mrs -Law, M‘Dougal, and a lad named Broggan. Burke had a bottle of spirits -and gave me a glass, he then threw the spirits up towards the roof of -the house, and upon the bed at his back. I asked him why he wasted -it, and he laughed and said, he wanted it finished to get another -bottle. I then asked Mrs M‘Dougal what was become of the old woman. -She said she kicked her out of the house, as she saw Burke and her too -<i>friendly</i>.</p> - -<p>Q. Did Burke say anything at this time? A. No.</p> - -<p>Q. Did you ask him what the noise was about? A. Yes, he said it was a -fit of drink, but they were all well then.</p> - -<p>Q. Did you do anything more? A. No, Sir.</p> - -<p>Q. Did you see any straw lying near the bed? A. Yes, there was a bundle -of straw near the bed, which had lain there almost all the summer.</p> - -<p>Q. When you got up at the first time in the morning, between three and -four, was all quiet in Burke’s house? A. Yes, while I made my husband’s -breakfast at that hour, I heard no noise.</p> - -<p>Q. Did any other thing particular happen in Burke’s that morning? A. -Yes, his wife sung a song.</p> - -<p><span class="pagenum" id="Page_42">[42]</span></p> - -<p>Q. At what hour did you return to your own house? A. It would be the -forenoon.</p> - -<p>Q. Did you go again to Burke’s on Saturday night? A. Yes, at eight -o’clock, Gray’s wife told me of something in Burke’s house and I went -with her to see.</p> - -<p>Q. What did you see? A. I saw nothing, I was so frightened that I came -out.</p> - -<p>Q. Did you see the prisoner, M‘Dougal? A. Before this M‘Dougal came to -me, and said the woman Gray had stolen some things out of her house, -and asked mo to watch her door, as it did not lock. This was about six -o’clock.</p> - -<p>Q. What happened after? A. When I was making my husband’s supper, Hare -came to my door. He was going to Burke’s, but I told him there was -nobody there; and he came into my house, but soon went back into the -passage. I afterwards went to Burke’s door, and found it fastened.</p> - -<p>Q. After you went to Burke’s door, did you see any one? A. Yes, Hare -came out of Burke’s after that.</p> - -<p>Q. Did you see M‘Dougal? A. Yes, and Burke a good bit on in the night.</p> - -<p>Q. Did any thing else happen? A. Yes, some one said to Burke and -M‘Dougal, that they were very much disturbed the night <i>they -murdered</i> the woman. M‘Dougal laughed, and Burke said, he would defy -all Scotland, as he never did any wrong. The Police came just after -that and apprehended Burke.</p> - - -<h4><i>Cross-Examined by Sir J. W. Moncrieff, Dean of Faculty.</i></h4> - -<p>Q. Did Burke, before he was apprehended, say any thing of the person, -who accused him of the murder?</p> - -<p>A. Yes, he said he would go and seek the man, and he met him in the -passage along with the policeman, and they took him into his own house.</p> - - -<h4><i>By a Juryman.</i></h4> - -<p>Q. What was the cause of your fear, when you went into Burke’s house.</p> - -<p>A. From having heard of the murder from Mrs Gray.</p> - - -<h3>JANET LAWRIE or (Law) <i>Examined</i>.</h3> - -<p>Q. You lived in the same passage with the prisoners in October last? A. -Yes.</p> - -<p>Q. Do you remember being at Connaway’s house on the 31st October, about -two in the afternoon? A. Yes.</p> - -<p>Q. Do you recollect seeing the prisoner Burke in the passage? A. Yes.</p> - -<p><span class="pagenum" id="Page_43">[43]</span></p> - -<p>Q. Was he alone? A. A little woman was following him, they went into -Burke’s house.</p> - -<p>Q. Did you see Hare that evening? A. Yes.</p> - -<p>Q. Did he go into Burke’s house? A. Yes.</p> - -<p>Q. Did you go in there? A. Yes.</p> - -<p>Q. Whom did you see? A. I saw Hare and his wife and Burke, and the -little woman.</p> - -<p>Q. At that time were they merry? A. Yes.</p> - -<p>Q. You were not long there? A. About twenty minutes.</p> - -<p>Q. Did you get any spirits? A. Yes.</p> - -<p>Q. At what hour did you go to bed? A. About half-past nine; sometime -after I heard a noise of dancing and merriment.</p> - -<p>Q. Did you hear any singing? A. No, Sir.</p> - -<p>Q. Fighting and scuffling? A. There was a great noise.</p> - -<p>Q. Did you distinguish any particular voice? A. No.</p> - -<p>Q. Did the noise last long? A. Yes. The next morning Mrs Burke came -into my house to borrow a pair of bellows, and asked me if I heard -Burke and Hare fighting in the night time.</p> - -<p>Q. Any more about the fighting? A. I asked her then what she had done -with the little woman? She said, she kicked her out of the door, -because she had been using too much freedom with William, (meaning -Burke.)</p> - -<p>Q. Did she go after that? A. Yes, that was about eight. She afterwards -returned about nine to borrow a dram glass, and asked me to come into -her house.</p> - -<p>Q. Did you go? A. Yes, and saw Hare there and Burke and M‘Dougal; and a -man of the name of Broggan.</p> - -<p>Q. Did Gray and his wife come in before you left? A. Yes, and Mrs -Connaway.</p> - -<p>Q. Did you remark any thing particular? A. Yes, Burke took a bottle of -spirits, and sprinkled it about the bed and room; he said, because none -of them would drink it.</p> - -<p>Q. Was there a good deal of straw lying at the foot of the bed?</p> - -<p>A. Yes. This took place on the Saturday morning, and Burke was -apprehended that night.</p> - -<p>Q. Did you see Mrs Connaway at Burke’s house? A. Yes.</p> - -<p>Q. Did you go to the Police Office on Sunday? A. Yes, and was shewn the -body of the little woman I saw at Burke’s on Friday night.</p> - - -<h4><i>Cross-Examined.</i></h4> - -<p>Q. Was the straw that was near the bed there before? A. Yes.</p> - -<p>Q. Was it in use? A. Yes, it had been used for some time as a bed for -Gray and his wife.</p> - -<p><span class="pagenum" id="Page_44">[44]</span></p> - - -<h3>HUGH ALSTON <i>Examined</i>.</h3> - -<p>Q. Do you live in the same land with Burke? A. Yes, I live in the flat -above the shop, and he lives in the flat below the shop.</p> - -<p>Q. Did you hear any noise on the night of the 31st October when going -home? A. Yes, I heard some going along the passage between eleven and -twelve that night.</p> - -<p>Q. Tell us what you heard? A. I heard two men quarrelling; but what -particularly attracted my attention was, the cry of murder from a -woman. I went down a part of the stair towards Burke’s house.</p> - -<p>Q. Do you know Connaway’s door? A. Yes.</p> - -<p>Q. Did you go so far as that? A. Yes.</p> - -<p>Q. Now tell us distinctly as far as you can what you heard? A. I heard -two men quarrelling, and a woman crying murder, but not in such a way -as would lead me to think she was in danger. She continued to do so for -a few minutes; then something gave three cries as if it was strangled.</p> - -<p>Q. Did it resemble the sound of a person or animal that was strangled? -A. Yes.</p> - -<p>Q. What did you hear after this? A. I heard no noise on the floor, only -speaking loud. After these remarkable sounds, I heard the female voice -who cried murder, strike her hand as if against the door and call for -the police, they were murdering her. I went immediately for the police, -and could not get one. I returned and went down the stair a little way.</p> - -<p>Q. Did you hear any thing after? A. Nothing but the voices of the two -men which appeared at a great distance.</p> - -<p>Q. While you were listening, did you hear feet moving on the floor? A. -Yes.</p> - -<p>Q. How far might you be from Burke’s door when you heard those -remarkable sounds? A. About three yards, or ten or fifteen feet.</p> - -<p>Q. Was the outer door shut? A. I think it was, and that on the same -door the woman struck her hands.</p> - -<p>Q. When did you hear a body had been found? A. On Saturday evening, and -that fixed my recollection of what I heard before.</p> - - -<h4><i>Cross-Examined.</i></h4> - -<p>Q. You said you went in search of the Police? A. Yes.</p> - -<p>Q. How far did you go? A. Only to the mouth of the passage. When I -returned I did not consider it necessary to interfere farther.</p> - -<p>Q. Was the voice you heard of murder the same you heard when you first -went down?</p> - -<p>A. Yes, it was like the voice that said, for God’s sake go<span class="pagenum" id="Page_45">[45]</span> for the -police, there is murder here. I since sent a person to strike on the -<i>inner door</i> to see if it sounded the same as I heard before, and -I think it did not.</p> - - -<h4><i>Re-examined.</i></h4> - -<p>Q. Was the last cry for the Police? A. Yes, and that there was murder -there.</p> - - -<h4><i>By the Jury.</i></h4> - -<p>Q. Have you any doubts the cry of murder you heard in the passage came -from Burke’s house? A. I have no doubt of it.</p> - - -<h3>ELIZABETH PATERSON, <i>Examined</i>.</h3> - -<p>Q. Look at the prisoner, do you know him by sight? A. Yes, I do.</p> - -<p>Q. Did you see him on Friday, 31st October? A. Yes, he came to my -mother’s house on Friday night to ask for my brother David, and I said -he was out. He then went away.</p> - -<p>Q. Did you go on the next morning to Burke’s house? A. Yes, my brother -sent me for Burke, and I went and inquired for his house at Mrs Law’s.</p> - - -<h3>DAVID PATERSON, <i>Examined</i>.</h3> - -<p>Q. Where do you live? A. At No. 26, West Port.</p> - -<p>Q. What is your occupation? A. I am keeper of the Museum of Doctor Knox.</p> - -<p>Q. Do you know the prisoner? A. Yes.</p> - -<p>Q. At what hour did you go home on the 31st October?</p> - -<p>A. About twelve.</p> - -<p>Q. Did you find any person at your door? A. Yes, the prisoner; he told -me he wanted me to go to his house.</p> - -<p>Q. Did you go? A. Yes.</p> - -<p>Q. Did you find people there? A. I found Burke and another man and two -women.</p> - -<p>Q. After you went in, what passed? A. The prisoner told me he had -procured something for the Doctor, pointing to the head of the bed, -where there was some straw; he said it in an under voice. I was near -him at the time.</p> - -<p>Q. Was any thing shewn to you at that time? A. Nothing.</p> - -<p>Q. What did you understand he meant? A. I understood him to mean a dead -body, a subject.</p> - -<p>Q. What were his exact words? A. His words were—“There is something -for the doctor (pointing to the straw) which will be ready to-morrow -morning.”</p> - -<p><span class="pagenum" id="Page_46">[46]</span></p> - -<p>Q. Was there sufficient straw to cover the body? A. There was.</p> - -<p>Q. Was that woman, the prisoner at the bar there, (pointing to Mrs -M‘Dougal?) A. She was.</p> - -<p>Q. Would you know the other two persons who were present?</p> - -<p>A. Yes.</p> - - -<p class="center p1">Hare and his wife being brought in.</p> - -<p>Q. Do you know these people? A. I know them by the name of -<span class="smcap">Hare</span>, they are the other persons that were at Burke’s house -that night.</p> - -<p>Q. Had you any further conversation with Burke, while you remained -there? A. No, but I sent my sister for him in the morning, and he came -alone about nine o’clock.</p> - -<p>Q. What did you say to him when he called on you? A. I told him if -he had any thing for Dr Knox, to go to himself, and agree with him -personally. I afterwards saw the prisoner Burke and Hare in Doctor -Knox’s Rooms in Surgeon’s Square, along with Doctor Jones, one of -Doctor Knox’s assistants. This was between twelve and two.</p> - -<p>Q. Did any thing pass there? A. Either Burke or Hare told Dr Knox, they -had a dead body for him, which they would deliver there that night; -and I had orders from Doctor Knox to be in the way to receive it, or -any parcel that might come. I was there about seven, when Burke and -Hare, and a porter named M‘Culloch, brought a tea-chest. They carried -it in, and it was put in a cellar, (Mr. Jones was present,) and when it -was locked up, I went to Newington to Dr Knox, and told him the parcel -was delivered. Hare, Burke, and the porter had either gone before or -followed. I saw them when I came out of Dr Knox’s house. He gave me -Five Pounds to give the men, with orders to divide it between them, -and in order to do so, I took them to a public-house, and got change, -and gave each Two Pounds Ten Shillings. They left something for the -porter. It was understood they were to return on Monday, by which time, -if Dr Knox approved of the subject, they would get the remainder of the -price, which I believe, was Eight Pounds.</p> - -<p>Q. Did you hear the prisoner say any thing about women? A. Yes.</p> - -<p>Q. Did you see any women loitering about? A. No.</p> - -<p>Q. What happened after? A. The next morning, Sunday, Lieutenant -Paterson and Sergeant Fisher of the Police came to me, and I went to Dr -Knox’s cellar along with them, and gave them the package which was left -there the night before.</p> - -<p>Q. Was it still roped? A. Yes, as it had been received.</p> - -<p><span class="pagenum" id="Page_47">[47]</span></p> - -<p>Q. Did you assist at the opening of it? A. Yes, and found it to contain -the body of an elderly female, apparently fresh and never interred. -The body was doubled up in the box, all the extremities doubled on the -chest or thorax for want of room.</p> - -<p>Q. Describe the state when it came out of the box? A. I examined -all the body externally, stretched on a table. The face had a very -livid colour, there was blood flowing from the mouth. The appearance -indicated evident marks of strangulation, or suffocation from pressure. -I found no external marks on the body that might have caused death.</p> - -<p>By the Court.—Q. Did the eyes project? A. No.</p> - -<p>Q. Was the tongue hanging out? A. No.</p> - -<p>Q. Was there any marks about the throat? A. No.</p> - -<p>Q. Was there any injury about the lips and nose? A. Yes, they were dark -coloured and marked with blood.</p> - - -<h3>JOHN BROGGAN <i>Examined</i>.</h3> - -<p>Was at Burke’s the morning after the murder. Saw Burke spill spirits -about the room, and detailed several indecent speeches of Mrs Burke, -about the way she got a shot of the old woman. He was desired by Burke -to remain, but did not.</p> - - -<h3><span class="smcap">Mrs GRAY</span> <i>Examined</i>.</h3> - -<p>Q. Do you know the prisoners Burke and M‘Dougal? A. Yes.</p> - -<p>Q. You lodged in their house at the end of October? A. Yes.</p> - -<p>Q. You saw a strange woman there? A. Yes.</p> - -<p>Q. What had she on? A. A dark printed gown, and a pink bed-gown over it.</p> - - -<p class="center">[Witness was shewn the clothes, and identified them.]</p> - -<p>Q. You saw the little woman there once or twice on Friday?</p> - -<p>A. Yes.</p> - -<p>Q. Did Burke say how he met her? A. He said, he met her in a shop at -nine or ten that morning.</p> - -<p>Q. Did you remain at Burke’s house that night? A. No; Burke told me -I should leave the house for that night as my husband and I were -quarrelling; and if I would go, he would pay my lodgings, and he said I -was to go to <i>William Hare’s</i>. I went away with Hare’s own wife, -and returned about nine o’clock for some things of my child’s. Hare and -Burke were dancing, and Mrs Docherty was singing to them. In the course -of the day Mrs Docherty wanted to go out, but Mrs Burke would not let -her.</p> - -<p>Q. At what time did you return to Hare’s? A. Almost immediately.</p> - -<p><span class="pagenum" id="Page_48">[48]</span></p> - -<p>Q. Did Hare and his wife come home? A. Yes, and Mrs Burke came to -supper; after that they all went out together, and the Hares did not -return that night. The first thing in the morning that occurred, was -Burke coming to my husband to give him a dram. Then went to Burke’s -house and saw there a number of people, but not the old woman. I asked -where she was, and was told, Mrs Burke had turned her out as she was -drunk.</p> - -<p>Q. When you went to the house, did you go back for any thing? A. Yes, -for a pair of my child’s stockings. When looking for them, Burke told -me “to keep out from there;” that is, from the straw. There was whisky -then used. Burke threw it about, and said he wanted to get quit of it -to get more. Burke then ordered me to put on some potatoes; and I went -to reach under the bed for some, when Burke told me to come out of -that, I might set the bed a-fire with my pipe.</p> - -<p>Q. Was Broggan there? A. Yes, during the day, and Burke desired he -would sit there, on the chair next the straw, until he Burke came back -again.</p> - -<p>Q. Did Broggan remain? A. No, he only stopped a few minutes.</p> - -<p>Q. Did Burke bid you clean the house? A. No; but I said it would be -better to wash the floor, and put a little sand on it.</p> - -<p>Q. What did you do after Broggan went out? A. I went to look for Burke, -but I could not find him. I went out again, and met him at the West -Bow, he went to take a dram.</p> - -<p>Q. Did you discover a dead body in that house after Broggan went out? -A. Yes.</p> - -<p>Q. Where did you find it? A. Under the straw at the foot of the bed.</p> - -<p>Q. Why did you go back? A. Because my suspicions were raised at seeing -Burke throw the spirits about, and I was determined to see what it -meant. The first thing I seized hold of, was the woman’s right arm. My -husband took her up by the hair of the head, the body was naked, and -there was blood on the nose and mouth. My husband went away before me; -he met Mrs Burke on the stair, and told her what he had seen, and asked -her about the body. She told him to hold his tongue, and it might be -worth Ten Pounds a week to him.</p> - -<p>Q. Did you say any thing to Mrs Burke? A. Yes, I spoke to her about the -body, and told her, that was the woman who was well, singing on the -floor; and she bade me hold my tongue, and she would give me Five or -Six Shillings. She repeated the words again, and said, if my husband -would be quiet, it would be worth<span class="pagenum" id="Page_49">[49]</span> Ten Pounds a week to him. I said -that I would not wish to be worth money got for dead people.</p> - -<p>Q. Did your husband give information after that to the police? A. Yes.</p> - -<p>Q. You saw the body there? A. Yes.</p> - -<p>Q. Was it the same? A. Yes.</p> - -<p>Q. Did you return with Mrs. Connaway to Burke’s? A. No, I sent her in, -but did not go myself.</p> - - -<h4>Cross-Examined by Sir James Moncrieff.</h4> - -<p>Q. Did you sleep in Burke’s house on Thursday night?</p> - -<p>A. Yes, on the bed of straw.</p> - -<p>Q. Did you continue there all the forenoon of Friday?</p> - -<p>A Yes, I never went out but for a stoup-full of water.</p> - -<p>Q. What time did you go to Hare’s? A. About dark.</p> - -<p>Q. Did any one ask you to come back to Burke’s that night? A. No, I -thought as it was Halloween night they did not wish to have me amongst -them.</p> - -<p>Q. Who went with you to Burke’s at the time you say you went for your -child’s clothes? A. My husband. It was about nine o’clock, we did not -stop many minutes.</p> - -<p>Q. Were they all making merry? A. Yes, they were dancing and singing.</p> - -<p>Q. Do you remember was Mrs. Connaway there? A. No.</p> - -<p>Q. You went away in a few minutes? A. Yes.</p> - -<p>Q. You say that Hare afterwards came home, with Mrs. Hare and M‘Dougal? -A. It was before I went back for the clothes and not after.</p> - -<p>Q. Did they ask you to come and have some sport with them? A. No; next -morning Burke came, and went out to give my husband a dram, and he told -us to come down to breakfast, and we did.</p> - -<p>Q. When you went down to breakfast, did you see Hare or his wife then? -A. No.</p> - -<p>Q. Are you sure? A. Quite sure, she came home before I went to -breakfast. I did not get up until eight o’clock.</p> - -<p>Q. Did M‘Dougal say any thing to your husband or yourself about the -body when it was found? Did she say, My God I cannot help it? A. Yes, I -recollect now, she did.</p> - -<p>Q. Did these words follow her offer of the ten pounds a week? A. Yes.</p> - -<p><span class="pagenum" id="Page_50">[50]</span></p> - - -<h4>By the <span class="smcap">Court</span>.</h4> - -<p>Am I to understand she said, “My God, I cannot help it,” after you -said you did not wish to make money by dead people? A. Yes. [Here she -recapitulated her evidence in a very distinct manner.]</p> - -<p>Q. Did the woman make no reply, when you said the woman was dead, whom -you saw well and singing the night before? A. No.</p> - -<p>Q. What did you say after? A. I said, if she could not help it, she -ought not to remain in the house.</p> - -<p>Q. Were these words, “My God, I cannot help it,” used after M‘Dougal -had spoken to your husband of ten pounds a week, and he had refused to -be silent? A. Yes, it was after the offer of money; and I said, did she -mean to bring a family to disgrace, that prisoner replied, “My God, how -can I help it.”</p> - - -<h3>JAMES GRAY, Labourer, Husband of the foregoing Witness, <i>Examined</i>.</h3> - -<p>Q. You lodged at the prisoner’s house? A. Yes, for a few nights at the -end of last October.</p> - -<p>Q. Do you remember Burke having any conversation with you about -sleeping out of his house on the 31st of that month?</p> - -<p>A. Yes, Burke said we must go out that night, that he had provided a -place for us, and that we might come back in the morning to breakfast.</p> - -<p>Q. Did he give any reason for desiring you to leave his house that -night? A. No, not that I recollect. He took us to Hare’s, and pitched -on a bed he used to occupy himself.</p> - -<p>Q. Did you know that Burke brought in a strange woman that morning -before, and ordered breakfast for her? A. Yes. He said, he suspected -she was some relation of his mother’s, as she had the same name, and -was from near the same place.</p> - -<p>Q. Did you return the night you left Burke’s? A. Yes, about nine, with -my wife, where we saw a good number of people at Burke’s; we stopped a -few minutes. Next morning Burke came, and my wife and I went down to -breakfast.</p> - -<p>Q. In the course of that Saturday, was you present when your wife found -a dead body? A. Yes, it was covered with straw, and lying near the head -of the bed.</p> - -<p>Q. Was it the woman you saw there the night before? A. Yes. I then -packed up my things that were there, and was<span class="pagenum" id="Page_51">[51]</span> on the point of taking -them to a house opposite, when I met Mrs. Burke, I asked her, what -was the meaning of that thing I saw in her room. She asked what; I -said, I suppose you know, the body. She then fell upon her knees and -supplicated me, offered me five or six shillings, and said, if I held -my tongue, it might be worth ten pounds a week to me. I said, my -conscience would not allow it.</p> - -<p>Q. Did she say the same thing to your wife? A. Very near.</p> - -<p>Q. Did she say she could not help it? A. She did.</p> - -<p>Q. After this conversation, did your wife and you leave it?</p> - -<p>A. Yes. Mrs. Burke followed us up to the street. We met Mrs. Hare; she -asked us what we were quarrelling about, and desired us to go into -a house and settle our dispute. We did go, and shortly after I went -straight to the Police.</p> - - -<h4>By the <span class="smcap">Court</span>.</h4> - -<p>Q. When you saw the body, did you know it to be the woman who was there -the night before? A. Yes; it was quite naked. There was blood upon the -mouth.</p> - - -<h4><i>Cross-Examined.</i></h4> - -<p>Q. What hour was it when you left Burke’s house first, on the evening -of the 31st? A. About five in the evening.</p> - -<p>Q. What hour did Burke come for you in the morning? A. I think about -seven.</p> - -<p>Q. Was Burke in Hare’s at supper? A. No; but Mrs. Burke was. The Hares -had left before Burke came.</p> - - -<h3>GEORGE M‘CULLOCH <i>Examined</i>.</h3> - -<p>Q. You are a porter? A. Yes.</p> - -<p>Q. Did the prisoner Burke come to you to carry a parcel for him at the -end of October last? A. Yes. Q. Where did you go first? A. To Burke’s -house. We went into his room, where we got a box like a tea-box; he -took something in a sheet, and put it into the box. Q. Was it like the -shape of a human body? A. I think it was. Q. Had you no doubt it was a -body? A. No. Q. Did you assist? A. No; but when the body was putting -in there was some hair which I pushed in. Q. When the body was putting -in the box was there violence used? A. Yes. Q. Was there another man -there? A. Yes, of the name of Hare.</p> - -<p><span class="pagenum" id="Page_52">[52]</span></p> - -<p>Q. What became of the sheet? A. It was left where the body was carried -to. (<i>The witness was shown a box.</i>)</p> - -<p>Q. Was that the box? A. The very box.</p> - -<p>Q. Was the hair long? A. No.</p> - -<p>Q. Did you carry the box? A. Yes.</p> - -<p>Q. Did the prisoner follow you? A. Yes. He told me to go towards the -High School Wynd.</p> - -<p>Q. Did you go? A. Yes.</p> - -<p>Q. Did any person join you? A. Yes, the prisoner and his wife, and Hare -and his wife.</p> - -<p>Q. Then you went to Surgeons’ Square? A. Yes, and took the box off my -back. Q. What hour was it? A. It was half-past six.</p> - -<p>Q. Where did you go after? A. To Newington.</p> - -<p>Q. Who went with you? A. The prisoner, Hare, and their wives.</p> - -<p>Q. Did they separate from their husbands? A. Yes.</p> - -<p>Q. You saw a person of the name of Paterson?</p> - -<p>A. Yes. We went into a public-house, and he shared the money between -the prisoner and Hare, and gave me five shillings for my trouble. When -we came out the women were gone.</p> - - -<h3>JOHN FISHER, <i>Examined</i>.</h3> - -<p>Q. You are a police officer? A. Yes.</p> - -<p>Q. Do you remember a person coming to the office? A. Yes.</p> - -<p>Q. Where did you go with him? A. To William Burke’s.</p> - -<p>Q. What did you go there for? A. To make inquiries, as I heard the -body was removed; I met Burke and M‘Dougal on the stair, I bade them -come down, I wished to speak with them. I asked Burke what had become -of his lodgers? He said, there is one (pointing to Gray) and that he -turned them out for their bad conduct. I then asked what became of the -little woman that was there on Friday? He said she left at seven in the -morning. I asked him if any person saw her go away? He said, William -Hare. I asked if any one else saw her go? He then looked insolent, and -said, many saw her go. I saw marks of blood on the bed, and asked how -they came there. M‘Dougal said a woman had lain in there a fortnight -ago. She said she knew where to find the little woman, she lived in the -Pleasance. She saw her that night at the Vennel, and she apologized for -her bad conduct. I asked her what time she left, and she said at seven -o’clock at night. I then decided<span class="pagenum" id="Page_53">[53]</span> on taking them to the office, which I -did, on a pretext that it was all a matter of spite against them, and -if they would come to the police office, it would be all cleared up.</p> - -<p>Q. Did you return to Burke’s house that night? A. Yes, with the -Superintendant and Dr. Black.</p> - -<p>Q. Did you examine the house? A. Yes.</p> - -<p>Q. You found a striped bed-gown on the bed. A. Yes.</p> - -<p>Q Was that it?—(<i>The bed-gown was exhibited.</i>) A. Yes.</p> - -<p>Q. Did you find any blood? A. Yes, amongst the straw.</p> - -<p>Q. Did it appear to have been long there? A. No.</p> - -<p>Q. Next morning you went to Dr. Knox’s with Paterson? A. Yes.</p> - -<p>Q. And what did you find?</p> - -<p>A. The body of an old woman quite naked. We sent for Gray to see if he -knew the body, and he identified it. We afterwards returned in the day -and removed the body to the police-office.</p> - -<p>Q. Was the body shown to the prisoners? A. Yes.</p> - -<p>Q. They denied all knowledge of having seen it, dead or alive? A. Yes.</p> - -<p>Q. Did you go to Burke’s house again? A. Yes, and found an old gown and -a bag.</p> - -<p>Q. Were these the articles? (<i>They were exhibited.</i>) A. Yes.</p> - -<p>Q. Was the body after examined? A. Yes, by Dr. Black, Dr. Christison, -and Dr. Newbigging.</p> - - -<h4><i>Cross-Examined.</i></h4> - -<p>Q. Did Hare deny all knowledge of the bodies? A. Yes.</p> - -<p>Q. And his wife? A. Yes.</p> - - -<h3>WILLIAM HARE (or HAIRE) <i>Examined</i>.</h3> - -<p>WILLIAM HARE (or HAIRE) a <i>socius criminis</i>, was now brought -forward, and his entrance into the witness’s box produced a great -sensation in the Court. He was first sworn according to the form used -in Scotland, and warned in the most pointed manner to speak the truth, -for if he was found to deviate the least from it, the most condign -punishment would await him.</p> - -<p>Q. You are a Roman Catholic? A. Yes.</p> - -<p><span class="pagenum" id="Page_54">[54]</span></p> - -<p>Q. Would you wish to be sworn in any other way? A. I never took an oath -before, I believe it is all one way.</p> - -<p>(<i>He was then sworn upon a New Testament, with his right hand on the -Cross.</i>)</p> - -<p>Q. How long have you been in this country? A. Ten years.</p> - -<p>Q. How long have you been acquainted with the prisoners? A. About -twelve months.</p> - -<p>Q. Is your house near Burke’s? A. Yes.</p> - -<p>Q. You remember last Halloween? A. Yes.</p> - -<p>Q. Were you drinking in a public-house with Burke? A. Yes.</p> - -<p>Q. What did he say? A. He asked me to go down to his house to see what -a <i>shot</i> he had got for the Doctors. He said he got an old woman -off the street, and she would make a good <i>shot</i> for the Doctors. -He told me to go down to the house and see if they were drinking, for -he did not like to go.</p> - -<p>Q. What did you understand by a shot for the Doctors?</p> - -<p>A. That he was going to murder her.</p> - -<p>Q. Did you go down? A. Yes, I found a man and a woman and Nelly -M‘Dougal, and the old woman washing her short-gown.</p> - -<p>Q. Was the strange man’s name Gray? A. Yes.</p> - -<p>Q. What colour was the short-gown? A. Reddish striped.</p> - -<p>Q. Is that it? (<i>The gown was exhibited.</i>) A. Yes.</p> - -<p>Q. Did you remain long there? A. Five minutes, and then went home.</p> - -<p>Q. Was you in Connaway’s after that? A. Yes, between eight and nine -o’clock.</p> - -<p>Q. Who was at Connaway’s? A. There was William Burke and Broggan, and -another chap I did not know, and my wife, John Connaway, and Nelly -M‘Dougal. The little old woman was left at Connaway’s, where they had -some drink.</p> - -<p>Q. Had you some? A. Yes, we then went to Burke’s, and Burke and his -wife and the old woman came in; we were all hearty.</p> - -<p>Q. Did you then expect the old woman was to be murdered? A. No.</p> - -<p>Q. You had a quarrel with Burke? A. Yes, he struck me on the mouth, -and I struck him again, the woman came between us, he pushed me on the -bed twice and I remained on the bed; the old woman got up and wished -Burke to sit down, as he treated her well; she said she did not wish to -see him ill used; she run out before this to the passage and cried out -either murder or police.</p> - -<p><span class="pagenum" id="Page_55">[55]</span></p> - -<p>Q. How was she brought back again? A. It was Nelly M‘Dougal that -brought her back both times.</p> - -<p>Q. When you were struggling, did you knock the old woman down? A. Yes, -and she lay on her back, so drunk she could not get up, she cried to -Burke to quit.</p> - -<p>Q. Did he quit you? A. Yes.</p> - -<p>Q. What did he do then? A. He got on the old woman with his breast on -her head, and kept in her breath, she gave a kind of cry and moaned a -little after the first cry.</p> - -<p>Q. How did he apply his hands to her? A. He put one hand on her nose -and the other under her chin, and stopped her breath, he continued this -for ten or fifteen minutes.</p> - -<p>Q. Did he say any thing while this was going on?</p> - -<p>A. No, he then got up and put his hand across her mouth and kept it -there three or four minutes; she appeared quite dead then.</p> - -<p>Q. Was you looking on all this while? A. I was sitting on the chair.</p> - -<p>Q. Did he strip the body? A. Yes, and put the clothes under the bed, he -then doubled up the body, and put the straw on top of her near the head -of the bed.</p> - -<p>Q. While you were sitting on the chair and he was murdering, where -was your wife and M‘Dougal? A. When they heard the first screech they -leaped out of bed and run into the passage, and did not come in until -the body was put away.</p> - -<p>Q. Where were you? A. I was sitting at the head of the bed when they -both lay down and covered themselves with the quilt.</p> - -<p>Q. Did you see any blood at that time? A. No.</p> - -<p>Q. Did any body come to the door when the woman cried in the passage? -A. No.</p> - -<p>Q. Before the women sprung up was Burke long on the woman? A. A minute -or two.</p> - -<p>Q. Did any one go to Burke to try and save the woman?</p> - -<p>A. No one.</p> - -<p>Q. Who went out first? A. My wife.</p> - -<p>Q. And M‘Dougal followed after? A. Yes.</p> - -<p>Q. Could any one have prevented Burke without your seeing them? A. No.</p> - -<p>Q. Did the women make any inquiries when they came into the room? A. -No, they both went to bed. Then Burke went out after the woman was laid -aside, and stopped out ten minutes.</p> - -<p><span class="pagenum" id="Page_56">[56]</span></p> - -<p>Q. Did any body come back with him? A. Yes, the Doctor’s man, Paterson.</p> - -<p>Q. Did Burke say any thing to the Doctor’s man?</p> - -<p>A. Yes, he wanted him to look at the body. Paterson said it would do -very well, to put it in a box; he would not look at it. I don’t know -when Paterson went away, I fell asleep.</p> - -<p>Q. Were you tipsy? A. I knew what I was about.</p> - -<p>Q. What time did you awake? A. Between six and seven in the morning. I -was sleeping on the chair, with my head on the bed; the two women and -John Broggan were in bed; he lay next his aunt, Nelly M‘Dougal. Burke -was sitting at the fire. After this I went home, and found Gray and his -wife at my house; they had had a bed there that night.</p> - -<p>Q. Did Burke come to your house the next morning?</p> - -<p>A. He did. We went to get our morning; he asked me to go to Surgeons’ -Square to get a box.</p> - -<p>Q. Did you get a box there? A. No. Burke then said he had one bespoke -from Mr. Rymer’s shop-boy. We got a box, and the porter brought it in. -Burke was not in then. We left the box, and stopped at the back door -until Burke came. When he came he asked me what I was doing, that I -did not get it into the box. He then went in, and drew the body from -under the bed, and the porter helped to put it in; there was some hair -hanging out, and the porter put it in; and said, it was bad to let it -hang out. The porter then carried it away to Surgeons’ Square. It was -roped. (That box in Court is it, or like it.) I went with the porter, -and Burke went for the Doctor’s man. They came to Surgeons’ Square, and -we went in with the box. We put the box in a cellar, and then we went -to Newington to the Doctor. Mr. Paterson went in, and he afterwards -came out and asked if we would go to a public-house, he had money for -us. We saw our wives following us, but they did not come into the -house. Paterson gave the porter 5s. and each of us L.2, 7s. 6d. We were -to have five pounds more on Monday. I saw nothing very particular until -I was taken up.</p> - - -<h4>Cross-examined by Mr. <span class="smcap">Cockburn</span>.</h4> - -<p>Q. You say you have been ten years in Edinburgh? A. Yes.</p> - -<p>Q. How have you been engaged?</p> - -<p>A. I have been a labourer, and sometimes employed in selling fish with -a cart and horse.</p> - -<p>Q. Have you been engaged in supplying bodies to the Doctors? A. Yes.</p> - -<p>Q. Have you been concerned in supplying the Doctors with subjects on -other occasions than that you have mentioned?</p> - -<p><span class="pagenum" id="Page_57">[57]</span></p> - -<p>The Lord Advocate objected to the question.</p> - -<p>Mr. <span class="smcap">Cockburn</span>.—I hold that I am entitled to test this -<i>Gentleman’s</i> credibility with the Jury, and with that view I -shall endeavour to make him confess such acts as will make his evidence -go for nothing. I purpose to ask him if he was concerned in any other -<i>murder</i> except this one.</p> - -<p><span class="smcap">Lord Advocate</span> thought the Dean of Faculty had agreed to -confine himself to this case.</p> - -<p><span class="smcap">Lord Meadowbank</span> thought that such a line of conduct could not -be pursued. The question was neither a fit nor proper one.</p> - -<p>Mr. <span class="smcap">Cockburn</span>.—In general, evidence is adduced because it is -entitled or presumed to be entitled to credit. Now, it is monstrous to -suppose that I should not be allowed to shake the credit of a human -being in respect to his evidence. (He then quoted a case lately tried -in England, where a witness in a similar circumstance was examined and -acknowledged that he had been guilty of the most atrocious crimes; in -consequence of which his evidence was totally discredited.)</p> - -<p>Mr. <span class="smcap">Alison</span> replied, the law of England was in no point -more opposed to the law of Scotland than in regard to evidence. A -witness here could not be called on to answer for his whole life -and conversation. The utmost license was allowed in England in -cross-examination, but it is contrary to the uniform and fundamental -law of Scotland.</p> - -<p><span class="smcap">Dean of Faculty.</span>—I completely agree with my Learned Friend. -Our object is to discredit, not to disqualify the witness. We wish to -propose a question to try the veracity of this witness. The witness was -warned that he was standing on his oath, being peculiarly situated, but -it may happen in most cases that he will answer it, and answer falsely. -If he answers truly, it will be for his credit; if falsely, it will -then be for the benefit of my client.</p> - -<p><span class="smcap">Lord Meadowbank.</span>—I regret having stated the impression made -upon my mind by the bare announcement of the question proposed to be -put to the witness, because I should most assuredly have rather, in -a matter of this vast importance, have desired to obtain every light -that could have been thrown upon it before I ventured to deliver my -judgment regarding it. But perhaps my having done so had only the -effect of my attention being more anxiously called to every word that -dropt from my brethren at the bar, and if I were satisfied that if any -thing that was suggested by them had the effect of shaking the opinion -which occurred to me at first, nothing that I stated before could -have prevented my honestly and frankly avowing it. I have,<span class="pagenum" id="Page_58">[58]</span> however, -been confirmed in that opinion by finding that notwithstanding all -the ingenuity of my learned brethren, they have said so little on the -subject, and that they have been unable to show one single precedent -in favour of their argument, except that which has been obtained from -the law of England. Now, I for one throw the law of England altogether -out of the question. It is, I believe, in matters of this kind -diametrically opposite to ours. That law holds, that a witness has no -protection from having been examined by the Public Prosecutor, on a -criminal trial. We hold, that he has. It is quite absurd, therefore, to -dream of drawing a precedent, which is to guide your Lordships, from -the law of England. But even our law goes no farther than to protect -witnesses from being subject to prosecution on account of matter -immediately connected with the subject of the trial in the course of -which they are examined. I understand it, therefore, to be admitted -that, if the question proposed were admitted by your Lordships, the -witness must be told that he is not bound to answer it, because it is -beyond the competency of this Court to afford protection against being -afterwards questioned for the perpetration of crimes which do not form -the proper subject of inquiry in the present investigation. But I -have always understood that the law of Scotland has gone a great deal -further—that it allows no question to be put which a witness may not -competently answer, and which, if answered, must not be sent to the -Jury as a matter of evidence. Now, in the first place, I admit that -it is quite competent for the prisoner to put any question relative -to the matters at issue by which he apprehends that the credibility -of the witnesses for the Crown, may, if answered, by possibility be -shaken. The oath taken by the witness, binds him to speak the truth, -and the whole truth; but that obligation goes no further than it refers -to the matter before the Court. It neither does, nor has it ever been -held, to bind him to speak to matters relative to which he has not been -called legally to give evidence. I apprehend, therefore, that even -the oath which has been imposed upon the witness, is not obligatory -upon him to speak to matters <i>not immediately</i> connected with -the subject of this trial—and, in fact, such was the opinion of the -Counsel for the prisoners; for, upon their application, the witness -was particularly warned that he was only required to speak the truth, -and the whole truth, relative to the third charge in this indictment. -I have always understood, however, that no question could be put, -upon cross-examination, to a witness in this country, which would, if -answered, have the effect of rendering<span class="pagenum" id="Page_59">[59]</span> him in truth inadmissible. -All questions having that effect must be put as preliminary, and -after the questions put to all witnesses by your Lordships before the -examination commences. In that respect, very likely, we differ from -the law of England; but, for the reasons assigned by Mr. Hume in the -passages read by Mr. Alison, I am not inclined to think that the rules -of our law are inferior, or less effectual for the administration of -justice. The object of our law has always been to get at the truth, -and I suspect that is best to be obtained by preventing witnesses -being harassed in the way that would result from such questions as -the present being held to be admissible. But further still, suppose, -in the second place, that the witness answers the question that has -been put in the affirmative, and depones that he has been present at -more murders than the one in question, what is to be the result? Is -the Lord Advocate upon the re-examination to ask him at what murders -he has been present, and who was concerned in those murders; or to go -into an examination of all the matters connected with those cases? -If he is, we may be involved in an inquiry into the circumstances -connected with the other murders in this indictment, which are not now -the subject of trial, and which your Lordships, by your interlocutor, -have precluded from being the subject of trial. I cannot think that -such can be your Lordships’ intention: yet the Court must be prepared -either to go this length or not, before allowing a question to be put -which must open up such a field of inquiry, for if the prisoner is -entitled to put the one question, it must follow that the prosecutor -is entitled to put the other, and if you do permit such an inquiry, -you must be prepared to send the answers so given, and the evidence so -arising, to the jury for their consideration. And what would be the -consequence? By the evidence thence arising, and the suspicions thence -created, the prisoners might be convicted upon matters not at issue in -this indictment. Nor is it enough to say that this has been occasioned -by the prisoner himself; for the law of this country interposes to -protect a prisoner from his own mistakes—it lays down rules by which, -in all cases, protection shall be afforded against either accident or -error; and as I conceive it would be highly erroneous to send such -matters to a jury, and yet that we are entitled to permit no questions -to be put, the answers to which must not be sent to the jury, I think, -this question cannot be admitted. But I set out with saying, that I do -not think any question can be sustained by your Lordships, which, if -answered in the affirmative, would disqualify a witness. Thus,<span class="pagenum" id="Page_60">[60]</span> suppose -that the question put were, Have you committed ten acts of perjury—and -the answer were in the affirmative, what is to be the result?—Your -Lordship must tell the jury either that the witness’s answer is true, -or that it is false. If true, must it not also be added that he cannot -be believed upon his oath; and if it appears not to be true, then he -is equally incredible. By admitting such questions, therefore, the -necessary result is that you put it in the power of the witness to -disqualify himself; and that, I have invariably understood, I can -solemnly assure your Lordships, to have been a principle reprobated by -the law of this country.</p> - -<p>The <span class="smcap">Lord Justice Clerk</span> thought that the question might be -put, but that the witness should be cautioned that he was not bound to -criminate himself, for if he answered the question the Court could not -protect him.</p> - -<p><span class="smcap">Lord Mackenzie</span> thought the question might be put. The witness -being warned that he is not bound to criminate himself, and told that -he has no protection from the Court, but for the crime now before it. -The admission of his having been guilty of a secret crime could not -disqualify him. He had yet seen no sufficient authorities to shake that -opinion.</p> - -<p>The <span class="smcap">Lord Justice Clerk</span> agreed with Lord Mackenzie, although -he thought with Lord Meadowbank that it was the “most extraordinary -question he ever heard;” but the case being an extraordinary one, -allowance must be made.</p> - -<p>The <span class="smcap">Lord Advocate</span> wished to know in what situation he was -placed. Was he allowed to ask him, if he confessed—“Of what murders -were you guilty?”</p> - -<p>Mr. <span class="smcap">Cockburn</span>.—We put that question, and the Lord Advocate is -entitled to put what other he chooses. I cannot state the thing more -generally. We intend to object to no question the Lord Advocate may -choose to ask.</p> - -<hr class="tb" /> - - -<h4><i>Hare recalled.</i></h4> - -<p>Q. You mentioned when you was last here, that you assisted in taking -the bodies to Surgeons’ Square?</p> - -<p>A. I never was concerned in furnishing <i>none</i>, but I saw them do -it.</p> - -<p><span class="smcap">Lord Justice Clerk.</span>—You are not bound to answer the question -about to be put.</p> - -<p>Mr. <span class="smcap">Cockburn</span>.—I am going to put some questions to you, and -you need not answer them if you don’t choose.</p> - -<p>Q. How often have you carried dead bodies? A. I won’t answer it.</p> - -<p>Q. Have you ever been concerned in any other murder?</p> - -<p>A. I won’t answer that.</p> - -<p><span class="pagenum" id="Page_61">[61]</span></p> - -<p>Q. Was there a murder committed in your house on the 8th October last? -A. I won’t answer that.</p> - -<p>Q. When Burke said he had got a shot for the Doctors, how did you know -what he meant by a shot?</p> - -<p>A. I heard it often before.</p> - -<p>Q. Did you know it meant murder, then? A. Yes.</p> - -<p>Q. How did you know it?</p> - -<p>A. He told me he would murder her.</p> - -<p>Q. Had you any notion that mischief would happen that night you were -dancing? A. I could not say.</p> - -<p>Q. When did you suspect there was going to be mischief?</p> - -<p>A. When I saw him on the top of her.</p> - -<p>Q. Did you see the body of the woman at the Police Office?</p> - -<p>A. Yes.</p> - -<p>Q. Did you deny there ever having seen the body before?</p> - -<p>A. I denied it.</p> - -<p>Q. How soon was it after her death you saw her at the Police Office? A. -I saw a body there on Saturday or Sunday.</p> - -<p>Q. You have been acquainted with Burke long? A. Yes.</p> - -<p>Q. Have you received any money before from Dr. Knox?</p> - -<p>A. No.</p> - -<p>Q. Did you ever receive any from his assistants?</p> - -<p>A. Burke did, and he gave it me.</p> - -<p>Q. Did you ever receive any? A. No.</p> - -<p>Q. Who received the money? A. Burke.</p> - -<p>Q. Are you positive that it was five pounds that was to be received on -Monday? A. Yes.</p> - -<p>Q. Who was it paid the man? A. I believe Burke did.</p> - -<p>Q. Burke paid you? A. Yes, he threw two pounds to me, and seven -shillings in silver. Paterson put two pounds in one parcel, and two in -another, and halved the silver and Burke shoved it over to me.</p> - -<p>Q. Had you ever any quarrel with Burke about money? A. No.</p> - -<p>Q. You told us that the old woman went out into the passage and cried, -Police and Murder? A. Yes.</p> - -<p>Q. You say you shoved her down over a stool? A. Yes.</p> - -<p>Q. And she lay on her back? A. Yes.</p> - -<p>Q. At the time that Burke was on the top of the woman, did you hear her -screech? A. Yes.</p> - -<p>Q. It could be heard a good bit off? A. Yes.</p> - -<p>Q. You say that Broggan was in bed in the morning,—did you see him -come in? A. No.</p> - -<p>Q. Did you sit in that chair and see Burke for ten minutes killing the -woman, and offer her no assistance? A. Yes.</p> - -<p>Q. You sat by calmly and saw the murder done? A. Yes.</p> - -<p>Q. Did you give any information the next day? A. No.</p> - -<p><span class="pagenum" id="Page_62">[62]</span></p> - -<p>Q. But you went to dispose of the body, and received money for it? A. -Yes.</p> - -<p>Q. And the next day you denied all knowledge of the body? A. Yes.</p> - - -<h3>MRS. HAIRE or HARE <i>Examined</i>.</h3> - -<div class="blockquot"> - -<p class="hangingindent"><i>This witness was sworn and solemnly admonished by</i> -<span class="smcap">Lord Meadowbank</span> <i>to speak the truth, after which she -was examined by the</i> <span class="smcap">Lord Advocate</span>.</p> -</div> - -<p>Q. You are the wife of William Hare that was here just now? A. Yes.</p> - -<p>Q. Do you remember last Halloween night? A. Yes.</p> - -<p>Q. Did two persons sleep in your house that night?</p> - -<p>A. Yes.</p> - -<p>Q. Why did they do so? A. Burke asked me to give them a bed there in -the course of the day.</p> - -<p>Q. Did you go out that night in search of your husband?</p> - -<p>A. Yes, I found him in John Connaway’s.</p> - -<p>Q. Who was there at the same time? A. Connaway and his wife.</p> - -<p>Q. Was Burke there? A. I don’t recollect.</p> - -<p>Q. Had you spirits there? A. Yes.</p> - -<p>Q. Do you recollect seeing an old woman there? A. Not that I recollect. -I stopped there until my husband rose, and then we went into Burke’s -house with M‘Dougal.</p> - -<p>Q. Was Burke there? A. No. He came in soon after.</p> - -<p>Q. Was the old woman there? A. Yes, she was there before.</p> - -<p>Q. Was there a fight there between Burke and your husband? A. Yes.</p> - -<p>Q. Did you go between them? A. Yes.</p> - -<p>Q. Did the old woman cry murder? A. Yes.</p> - -<p>Q. Did she get a push? A. Yes.</p> - -<p>Q. You saw Burke on the top of the old woman? A. Yes.</p> - -<p>Q. Did you see him long there? A. No; for M‘Dougal and I ran out of the -room into the passage, and stopped there upwards of a quarter of an -hour.</p> - -<p>Q. When you returned, did you see the old woman?</p> - -<p>A. No.</p> - -<p>Q. Did you ask after her? A. No. I had my suspicion.</p> - -<p>Q. What, that she was murdered? A. Yes.</p> - -<p>Q. Did you two lie down in the bed? A. Not immediately.</p> - -<p>Q. Where were you when Burke was lying on the old woman?<span class="pagenum" id="Page_63">[63]</span> A. I thought, -before, I was in the bed, but I think now I was between the door and -the bed.</p> - -<p>Q. How many minutes was he on her? A. Not many.</p> - -<p>Q. Where was M‘Dougal? A. I don’t exactly know.</p> - -<p>Q. Which went first out at the door? A. It was I.</p> - -<p>Q. Were you both alarmed? A. Yes, Sir.</p> - -<p>Q. You say you suspected what was doing? A. Yes, Sir.</p> - -<p>Q. Had you any previous reason of suspicion of the act about to be -committed on the old woman?</p> - -<p>A. I had seen a little trick of it done before. I suspected when I saw -him lying on her, and Nelly M‘Dougal told me something.</p> - -<p>Q. Just tell us what she said?</p> - -<p>A. She came to our house, and said there was a shot in the house; and -I asked her what she was, and she said, Burke fetched her in out of a -shop.</p> - -<p>Q. How did you know it was a woman? A. She told me.</p> - -<p>Q. Did she say they intended to make away with the woman?</p> - -<p>A. No. But I understood from the word <i>shot</i> they were to do it.</p> - -<p>Q. Why did you understand that?</p> - -<p>A. Because I heard that word made use of before to express the -determination of murdering others.</p> - -<p>Q. Were they pressing drink on the woman? A. Yes.</p> - -<p>Q. Was she much the worse of it? A. Rather.</p> - -<p>Q. You remained there all night? A. Yes, until 5 o’clock. I was lying -in bed when Mr. Paterson came in, but I did not hear what he said.</p> - -<p>Q. Did you know where the body was put? A. Yes, at the head of the bed.</p> - -<p>Q. Did Burke ask you to go out and get a box? A. Yes. He said he had -purchased one for to put old shoes in. I went for the box and a porter -came and carried it. I afterwards followed with M‘Dougal, our husbands, -towards Newington, for fear they should quarrel or get drunk.</p> - -<p>Q. What answer did you make to her about this shot? A. I said nothing.</p> - -<p>Q. Had you and M‘Dougal any talk about it on your way to Newington? A. -No.</p> - -<p>Q. Did she feel sorry for it? A. No.</p> - -<p>Q. What were you speaking of while you were in the passage? A. Perhaps -I said it might be the same thing with her and I.</p> - -<p>Q. Do you mean that you might be murdered? A. Yes.</p> - -<p>Q. Why did you not go into the woman Connaway’s?<span class="pagenum" id="Page_64">[64]</span> A. Because I left my -home three times before; and it is not natural for a woman to go and -inform on her husband.</p> - -<p>Q. You mention the old woman went out at the door? A. No, Sir, she -never went out of the inside door.</p> - -<p>Q. Was it after she came back from the door she fell down? A. I believe -she got a push.</p> - -<p>Q. Was it very soon after that that Burke lay down on her? A. Yes.</p> - -<p>Q. What was he doing when you run out? A. Burke was lying on her chest.</p> - -<p>Q. Why did you go out? A. I did not like to see her murdered.</p> - -<p>Q. Was your fear created in consequence of M‘Dougal having told you she -was a shot? A. No. I had no thoughts of it at the time.</p> - -<p>By the <span class="smcap">Court</span>.—On the oath you have now taken, did you suppose -she was to be murdered that night? A. No, I did not.</p> - - -<h4><i>Mrs. Hare Cross-examined by the</i> <span class="smcap">Dean of Faculty</span>.</h4> - -<p>Q. Was it instantly after the old woman was pushed down that he got on -the top of her? A. Yes.</p> - -<p>Q. There’s a door at the outer side of the passage? A. Yes.</p> - -<p>Q. How is it fastened? A. I don’t know.</p> - -<p>Q. When you were in the passage did any one knock at that door? A. Not -that I heard.</p> - -<p>Q. When you were in the passage did you hear the old woman cry? A. No, -Sir.</p> - -<p>Q. When you returned in, you went to bed? A. Yes, Sir.</p> - -<p>Q. There was a young man of the name of Broggan came in? A. Yes, and we -had a dram.</p> - -<p>Q. Who? A. All of us.</p> - -<p>Q. Then you got up to have it? A. Yes.</p> - -<p>Q. Did you go to bed again? A. No.</p> - -<p>Q. Was M‘Dougal in bed? A. No; Broggan, M‘Dougal, and I lay down upon -the floor.</p> - -<p>Q. Was there any more fighting? A. Yes; Burke took the stick and struck -Hare, and M‘Dougal interfered and said she would not have Hare treated -in that manner.</p> - -<p>By the <span class="smcap">Court</span>.—You had a bed in your own house, why did you -not go home to it, and take your husband along with you? A. I did all I -could, but he would not come.</p> - -<p><span class="pagenum" id="Page_65">[65]</span></p> - - -<h3>Dr. BLACK, <i>Examined</i>.</h3> - -<p>Q. You saw a woman’s body at the Police Office? A. Yes.</p> - -<p>Q. Did you examine it? A. Yes.</p> - -<p>Q. Were there any marks on the body? A. None.</p> - -<p>Q. Were there any on the face? A. Yes, there was blood.</p> - -<p>Q. What appearance had the face? A. It was much swollen.</p> - -<p>Q. Any thing remarkable about the eyes? A. They were swollen and the -face black.</p> - -<p>Q. Did you think that she came by her death by violence? A. My private -opinion was that she had, but I could not give a decided medical -opinion on the subject.</p> - -<p>Q. What was your opinion the moment you saw her? A. I formed the -conclusion that she came by her death with violence.</p> - -<p>By the <span class="smcap">Dean of Faculty</span>.—Q. Have you any medical diploma? A. -No; but I am a regularly bred surgeon, and have been surgeon to the -police for twenty years.</p> - -<p>Q. Did you go with the police to the house of Burke?</p> - -<p>A. Yes.</p> - -<p>Q. What did you see there? A. The thing I took particular notice of -was, from fourteen to sixteen ounces of blood mixed with saliva, and -having been told the woman had lain in that place, I was able to judge -it came from the mouth and nose.</p> - -<p>Q. Do you mean now to state you have formed a medical opinion in regard -to the body? A. I am really afraid to hazard an opinion.</p> - -<p>By the <span class="smcap">Court</span>.—Q. Were the appearances you have seen on people -brought into the police-office who have been suffocated from drink like -this case? A. Yes.</p> - -<p>Q. If you had seen this body lying in the place where you saw the -saliva and blood, would you have hesitated in your opinion? A. I have -seen several corpses that died by suffocation, and taking the entire -circumstances into view, I think the appearances identical.</p> - -<p>By the <span class="smcap">Dean of Faculty</span>.—Q. Have you had any case of simple -suffocation lately? A. No.</p> - -<p>Q. Were the symptoms here the same, or nearly the same, as in cases -of suffocation from drink? A. The eyes were nearly started from the -sockets.</p> - -<p>By the <span class="smcap">Lord Advocate</span>.—Q. Have you seen such saliva and blood -in cases of drink, unless some injury was done?</p> - -<p>A. No.</p> - -<p><span class="pagenum" id="Page_66">[66]</span></p> - - -<h3>DR. CHRISTISON, <i>Examined</i>.</h3> - -<p>Q. Did you see the body of an elderly female at the police-office at -the commencement of November? A. Yes. I saw and minutely examined a -body there on the 2d and 3d of November.</p> - -<p>Q. Did you perceive any marks of violence on it? A. Yes.</p> - -<p>Q. Describe what you saw to the Court and Jury?</p> - -<p>A. I saw several contusions on the legs and the elbows, one on the -loin, one on the right shoulder blade, a very small one on the inside -of the upper lip, and two upon the head; one on the back part of the -left side of the head, and another upon the fore part of the right -side. I also found pale lividity of the features generally, and dark -lividity of the lips; great redness (from vascularity) of the whites of -the eyes; an almost total want of lividity on almost every other part -of the body except the face; and roughing of the scarf-skin or cuticle -under the chin and over the upper part of the throat. Internally, I -found a general fluidity of the blood, and an accumulation of it in the -right cavities of the heart. In the middle of the neck, I found the -ligaments connecting posterior parts of the vertebræ torn, and blood -effused among the spinal muscles, near the laceration, and into the -cavities of the spinal muscles. I found no sign of natural disease, -except a very slight incipient disorder of the liver. All the other -organs of the head, the chest, and the belly, were unusually sound. I -forgot to mention a small patch of blood on the left cheek, and also a -very slight contusion over the left eye.</p> - -<p>Q. Did you consider that those contusions could be produced after death?</p> - -<p>A. No; but the injury of the spine and other appearances described -might have been caused as well after death as before it. An injury -properly applied eighteen hours after death, would, I think, cause -the same appearances. Cramming into a box or chest like that shown -might have caused these appearances. Strangulation or smothering, -or throttling, is consistent with what has been described, but -particularly throttling or applying the hand under the throat, and -throwing the head backward, would prevent the access of air. I found -unequivocal proof of violence, in the contusions dispersed throughout -the body, and in no signs of disease being visible. I beg to add, -from the woman being seen so recently alive and well, from the blood -under the bed, as well as the appearances already mentioned, death by -violence is extremely probable. If the woman had met her death by the -prisoners at the bar, the appearances were such as would correspond -with these circumstances. The appearances<span class="pagenum" id="Page_67">[67]</span> in some cases of suffocation -would be similar to those in the present instance. The appearance of -blood from the mouth or nose after death may be produced by any species -of suffocation. Directly or indirectly, death by intoxication must -physiologically be occasioned by suffocation.</p> - -<p>By Mr. <span class="smcap">Cockburn</span>.—Q. Did the appearances found on the body -justify only a suspicion? A. Coupled with the circumstances mentioned -they amount to a probability.</p> - -<p>By the <span class="smcap">Court</span>.—Q. Did you open the stomach?</p> - -<p>A. Yes, my Lord.</p> - -<p>Q. Describe the contents. A. I found half-digested porridge, but no -smell of whisky or of any narcotic. The smell is not a necessary -circumstance even in cases of intoxication where a person was said to -have died of continuous intoxication. At least I know of a reported -case where a person was said to have died from constant intoxication, -without any smell having been found in the stomach, though it was found -in the brain and other parts of the body, but I also know a similar -case where the stomach, on being opened, gave out the effluvia of -whisky.</p> - -<p>This closed the case for the prosecution.</p> - -<p>The declarations of the pannels were then read.</p> - - -<h2 class="nobreak">DECLARATION OF BURKE.</h2> - - -<p class="r2"><i>At Edinburgh the 3d November 1828.</i></p> - -<p class="center">In presence of <span class="smcap">George Tait</span>, Esq. Sheriff-Substitute of -Edinburghshire,</p> - -<p>Compeared William Burke, at present in custody, who being examined, -declares that he is 36 years of age, and he was born in Ireland, and -he came to Scotland about 10 years ago: That he is a shoemaker, and he -has lived for rather more than a year in the West Port, and about two -months ago he went to the house in the West Port in which he at present -lives; but he does not know the name of the entry; and the prisoner, -Helen M‘Dougal, has lived with him for about ten years; but she is not -married to him. Declares, that he at first lodged in his present house -with a man named John Brogan, but Brogan went away about ten days ago, -and the declarant now lodges in the house by himself. Declares, that -James Gray and his wife and child came to lodge with the declarant -about a week ago. Declares, that on the night of Thursday last, the -30th of October, no person was in the declarant’s house, except Helen -M‘Dougal, Gray, and his wife. Declares, that on the morning of Friday -last he rose about<span class="pagenum" id="Page_68">[68]</span> 7 o’clock and immediately began to his work, by -mending a pair of shoes: That M‘Dougal rose about 9 o’clock. Declares, -that Gray rose about 6 o’clock and went out: That Gray’s wife rose -soon afterwards and lighted the fire, and the declarant then rose as -before mentioned. Declares, that he went out about 9 o’clock to get -some tobacco, and he returned in a few minutes, and they all four -breakfasted together about 10 o’clock, and the women were occupied -through the day in washing and dressing, and sorting about the house; -and Gray was going out and in, and the declarant was working; and -declares that on Friday evening he told Gray that he and his wife must -go to the other lodging, because he could not afford to support them -any longer, as they did not pay for the provisions which they used, and -they went away; and the declarant accompanied them to Hare’s house, to -which he recommended them. Declares, that he thinks Gray and his wife -went away about 5 o’clock. Declares, that about an hour afterwards, -when he was standing at the mouth of the entry, a man came forward to -him dressed in a great coat, the cape of which was much up about his -face: That he never saw that man before, and does not know his name: -That the man asked if the declarant knew where he could get a pair -of shoes mended, and the declarant, being a shoemaker, took him home -with him, and got off the man’s shoes and gave him an old pair in the -meantime: That while the declarant was mending the shoes the man walked -about the room, and made some remarks about the house being a quiet -place, and said that he had a box which he wished to leave there for a -short time, and the declarant consented: That the man went out, and in -a few minutes returned with a box, which he laid down upon the floor -near the bed, which was behind the declarant, who was sitting near the -window, with his face to it: That the declarant heard the man unroping -the box, and then making a sound as if he were covering something -with straw, and the declarant looked round, and saw him pushing the -box towards the bottom of the bed, where there was some straw on the -floor, but he did not observe any thing else than the box: That the man -then got on his shoes, paid the declarant a sixpence, and went away: -That the declarant immediately rose to see what was in the box, and he -looked under the bed and saw a dead body among the straw, but he could -not observe whether it was a man or a woman: That soon afterwards the -man came back, and declarant said it was wrong for him to have brought -that there, and told him to put it back into the box, and take it away: -That the man said that he would come back in a little and do it, and -then<span class="pagenum" id="Page_69">[69]</span> went away, but he did not return till Saturday evening about 6 -o’clock, and when he did not return on Friday night, the declarant took -the box into the entry, but allowed the body to remain under the bed. -Declares, that on Saturday morning, about ten o’clock, he went out to -the shop of a Mr. Rymer, in the West Port, and when he was there, a -woman came to the door begging, whom he had never seen before: That the -people in the shop refused to give her any thing, and the declarant, -discovering from her dialect that she came from Ireland, asked her from -what part of it she came, she said it was from Inesomen, which is a -small town in the north of Ireland, and he then asked her name, and she -said that it was Mary Dougherty, and the declarant remarked, that his -mother’s name was Dougherty, and that she came from the same part of -Ireland, and that, therefore, they might perhaps be distant relations; -and as she said that she had not broken her fast for twenty-four -hours, if she would come home with him, he would give her breakfast, -at which time the only persons in the house were Helen M‘Dougal, Gray -and his wife: That she sat by the fire till about three o’clock in -the afternoon smoking a pipe, the declarant going out and getting a -dram, because it was Halloween, and they all five partook of the dram -sitting by the fireside. Declares, that at three o’clock Mary Dougherty -said, that she would go to the New Town to beg some provisions for -herself, and she went away accordingly. Declares, that he thinks Helen -M‘Dougal was in the house when Mary Dougherty went away, but he does -not remember whether Gray or his wife were in the house, and does -not remember of any other person being in the house. Declares, that -a few minutes before Mary Dougherty went away, William Hare’s wife -came into the house, but went away into the house of a neighbour, John -Connoway, immediately before Dougherty, went away, and he thinks that -Hare’s wife, or Connoway’s wife, may have seen Dougherty go away, -and Mary Dougherty never returned. Declares, that Helen M‘Dougal and -Gray’s wife then washed the floor, and cleaned out the house: That -there was no particular reason for doing so farther than to have it -clean upon the Saturday night, according to their practice; and the -declarant continued at his work: That soon afterwards Gray and his wife -went away, and Helen M‘Dougal went to Connoway’s house, leaving the -Declarant by himself, and the Declarant had not mentioned to any person -about the dead body, and no suspicion that it had been discovered. -Declares, that about 6 o’clock in the evening, while he was still -alone, the man who had brought the body came, accompanied by a Porter -whom the declarant<span class="pagenum" id="Page_70">[70]</span> knows by sight, and whose stance is at some where -about the head of the Cowgate, or the foot of the Candlemaker-Row, and -whose Christian name he thinks is John: That the man said he had come -to take away the body, and the declarant told him the box was in the -entry, and the Porter took it in, and the man and the Porter took the -body, and put it into the box and roped it, and the porter carried -it away. Declares, that when the man came with the porter he said he -would give the declarant two guineas for the trouble he had in keeping -the body, and proposed to take the body to Surgeons’ Square to dispose -of it to any person who would take it; and the declarant mentioned -David Paterson as a person who had some connexion with the surgeons, -and went to Paterson and took him to Surgeons’ Square, where he found -the man and the porter waiting with the box containing the body: That -the body was delivered, and Paterson paid a certain number of pounds -to the man, and £2, 10s. to the declarant: That he then went straight -home, and was informed by some of the neighbours that a report had been -raised of a dead body having been found in the house, and in particular -by Connoway’s wife, who told him that a policeman had been searching -his house, and he then went out in search of a policeman, and he met -Finlay and other policemen in the passage, and he told them who he was, -and they went with him to the house and found nothing there, and they -took him to the police office. Declares, that he yesterday saw in the -police office the dead body of a woman, and he thinks it is the dead -body which was below the bed, but it has no likeness to Mary Dougherty, -who is not nearly so tall: And being interrogated whether the man who -brought the body and afterwards came with the porter is William Hare, -declares that he is. And being interrogated, declares that he does -not know of any person who saw that Hare had any concern in bringing -the body or in taking it away; and being interrogated, declares that -the porter’s name is John M‘Culloch, and declares that the box in -which the body was contained was a tea-chest; and being specially -interrogated, declares that the woman above referred to, of the name -of Mary Dougherty, was not in his house on Friday, and he never to -his knowledge saw her till Saturday morning at 10 o’clock: That she -promised him to return on the same evening, but she did not, and he -does not know what may have become of her. And being interrogated, -declares that he sprinkled some whisky about the house on Saturday, -to prevent any smell from the dead body. Declares, that Hare did not -tell him, nor<span class="pagenum" id="Page_71">[71]</span> did he ask where he got the body. Declares, that he -did not observe whether there was any blood upon the body. And being -specially interrogated, declares, that he had no concern in doing harm -to the woman before referred to, of the name of Mary Dougherty, or to -the woman whose body was brought to the house, and he does not know of -any other person being concerned in doing so. Declares, that Dougherty -was dressed in a dark gown; and being shown a coarse linen sheet, a -pillow case, a dark printed cotton gown, and a red striped bed-gown, -to which a label is affixed, and signed by the declarant and Sheriff, -as relative hereto, declares, that the sheet and pillow-slip are his, -and he knows nothing about the dark gown and bed-gown: That the blood -upon the pillow-slip was occasioned by his having struck Helen M‘Dougal -upon the nose, as is known to Gray and his wife; and the blood upon the -sheet is occasioned by the state in which Helen M‘Dougal was at the -time, and is known to Gray’s wife. All which is truth.</p> - -<table summary="signed"> - <tr> - <td class="smcap">Archd. Scott.</td> - <td class="cht">(Signed)</td> - <td class="smcap">Wm. Burke.</td> - </tr> - - <tr> - <td class="smcap">A. M‘Lucas.</td> - <td></td> - <td class="smcap">G. Tait.</td> - </tr> - - <tr> - <td class="smcap">A. Maclean.</td> - <td></td> - <td></td> - </tr> -</table> - - -<p class="p2 r2"><i>At Edinburgh, the 10th day of November 1828.</i></p> - -<p class="center">In presence of <span class="smcap">George Tait</span>, Esquire, Sheriff-Substitute -of Edinburghshire.</p> - -<p>Compeared William Burke, present prisoner in the Tolbooth of Edinburgh, -who being examined, and the declaration emitted by him before the -said Sheriff-Substitute of Edinburghshire, on the 3d day of November -current, being read over to him, he declares that it is incorrect in -several particulars—declares that it was upon the Friday morning, and -not upon the Saturday morning, that the woman, named Mary Dougherty, -came to the house, and that all that is said with reference to that -woman, up to her going out at 3 o’clock, happened upon the Friday, -and not upon the Saturday; and declares that the floor being wet in -consequence of Helen M‘Dougal and Gray’s wife washing in the house, -those two women washed the floor then, rather than defer it till next -day, and the floor was usually washed twice a week, and it was usually -washed on the Saturday, as one of the days: That those two women -continued doing things about the house, and the declarant continued -working till it was duskish: That the declarant then stopped work, and -went out and brought in a dram, because it was Halloween, and he and -the two women sat by the fire and drank the dram, and while<span class="pagenum" id="Page_72">[72]</span> they were -doing so, William Hare came in, and the declarant went for more drink, -and they all four sat drinking till they got pretty hearty. Declares, -that when he was out for drink the second time, he found when he came -back, that Mary Dougherty had returned, and was sitting by the fire, -and she drunk along with them: That when it was pretty late in the -night, but he cannot mention the hour, he and William Hare differed, -and rose to fight, and the three women were still in the house -drinking, and Mary Dougherty had become much intoxicated. Declares, -that while he and Hare were struggling together, Helen M‘Dougal and -Hare’s wife did what they could to separate them; but declares that -there was no noise, and, in particular, there were no cries of murder. -Declares, that after they were separated, they sat down at the fire -together to have another dram, and they then missed Mary Dougherty, and -asked the other two women, what had become of her, and they answered -that they did not know, and the declarant and Hare searched for her -through the house, and they both went straight to the straw of the -shake-down bed upon the floor at the bottom of the standing bed, to see -whether she had crept in there, and they found her amongst the straw, -lying against the wall, partly on her back and partly on her side: -That her face was turned up, and there was something of the nature of -vomiting coming from her mouth, but it was not bloody: That her body -was warm, but she appeared to be insensible, and was not breathing: -That, after waiting for a few minutes, they were all satisfied that -she was dead, and the declarant and Hare proposed to strip the body, -and lay it among the straw, but they did not, at that time, say what -further they proposed to do, and Helen M‘Dougal and Hare’s wife -immediately left the house, without saying any thing, and the declarant -supposed it was because they did not wish to see the dead body: That -the declarant and Hare waited till the neighbours should be quiet, -there being a considerable stir among the neighbours on account of its -being Halloween, and in particular, in the house of Connoway, who lives -in the same passage, in case any of the neighbours should come in upon -them, and they stripped the body, and laid it among the straw, and it -was then proposed by both of them, but he cannot say by which of them -first, to sell the body to the Surgeons, and they both arranged that -they would sell the body to David Paterson, whom they knew to be a -porter to Dr Knox, in Surgeons’ Square, and who, they knew, received -subjects, and that they would put the body into a chest, and get it -conveyed to Surgeons’ Square, the following morning, and they then -sat down by the fire again, and Helen<span class="pagenum" id="Page_73">[73]</span> M‘Dougal and Hare’s wife then -returned, but nothing was said by any person about the dead body: That -Hare and his wife then went home, at which time it would be near 12 -o’clock on the Friday night, and the declarant and M‘Dougal went to bed -and fell asleep, and rose next morning soon after 6 o’clock: Declares, -that Gray and his wife came in about 8 o’clock in the morning and -lighted the fire, and prepared breakfast, and they all got breakfast -together, and the declarant then went out, and brought in a dram, and -sprinkled it under the bed, and upon the walls, to prevent any smell: -Declares, that he went out about 12 o’clock noon, and was out for about -two hours walking about, and when he returned, he found Gray, and his -wife, and Helen M‘Dougal still in the house, and after that he was -occasionally out. Declares, that when it became dark he went to call -for Paterson, but found that he was out, at which time it was past five -o’clock: That he then got John M‘Culloch, a porter, and took him to the -passage of the declarant’s house, and then left him there, and went -into the house, and found William Hare there, but no other person, and -he also saw an empty chest upon the floor, and they both immediately -put the body of the woman into the tea-chest, and they roped it up with -a line which hung across the house for drying clothes; and they called -on M‘Culloch and put the tea-chest upon his back and told him to follow -Hare, but they did not tell him what was in the tea-chest, nor did he -ask them; and the declarant then went straight to Paterson’s house and -found him at home, and told him that he had sent forward a subject to -Surgeons’ Square, and he has no recollection of having seen Paterson on -the Friday or the Saturday before that time. Declares, that Paterson -and the declarant then went to Surgeons’ Square together, and they -found Hare and M‘Culloch waiting there with the tea-chest, and Paterson -opened the door of a cellar and the tea-chest was put into it: That -Paterson then went and got £5, and gave it to the declarant and Hare, -and they paid the porter and then went to their respective homes, and -the declarant on his way home met Helen M‘Dougal, and when they got -home they heard from Connoway’s wife the report of policemen having -searched the house for a dead body, and he then met with Finlay the -criminal officer, and he was apprehended and taken to the police office -as formerly mentioned; and being interrogated, declares, that he cannot -say whether the dead body he saw in the police office on Sunday the -2d current be the body referred to; and being interrogated, declares, -that he had no concern in killing the woman, or in doing any harm to<span class="pagenum" id="Page_74">[74]</span> -her, and he has no knowledge or suspicion of Hare or any other person -having done so; and it is his opinion, that the woman was suffocated, -by laying herself down among the straw in a state of intoxication; and -being interrogated, declares, that no violence was done to the woman -when she was in life, but a good deal of force was necessary to get the -body into the chest, as it was stiff; and, in particular, they had to -bend the head forward, and to one side, which may have hurt the neck -a little, but he thinks that no force was used, such as could have -hurt any part of the neck at all; and being specially interrogated, -declares, that no other person had any concern in the matter; and, -in particular, declares, that a young man, named John Brogan, had -no concern in it, and that Brogan came into the house on Saturday -forenoon, as he thinks, while the body was in the house, but he did not -know of its being there. And all this is truth.</p> - -<table summary="signed"> - <tr> - <td class="smcap">Archd. Scott.</td> - <td class="cht">(Signed)</td> - <td class="smcap">Wm. Burke.</td> - </tr> - - <tr> - <td class="smcap">A. M‘Lucas.</td> - <td></td> - <td class="smcap">G. Tait.</td> - </tr> - - <tr> - <td class="smcap">A. M‘lean.</td> - <td></td> - <td></td> - </tr> -</table> - - -<p class="p2 r2"><i>At Edinburgh, the 19th day of November 1828.</i></p> - -<p class="center">In presence of <span class="smcap">George Tait</span>, Esq. Sheriff-Substitute of -Edinburghshire,</p> - - -<p>Compeared William Burke, present prisoner in the tolbooth of Edinburgh, -who being examined, declares, that he is thirty-six years of age, and -he was born in Ireland, and he came to Scotland about ten years ago, -and he is a shoemaker, and he has lived for rather more than a year in -the West Port; and the prisoner M‘Dougal resides with him; declares, -that he never saw a lad known by the name of Daft Jamie; and he does -not know of such a person having lived with Hare’s wife, before her -marriage with the prisoner William Hare, and he had no concern in -injuring such a person; and he does not know of M‘Dougal, Hare or his -wife, having done so. Interrogated, declares, that he has a brass snuff -box which he purchased about four years ago from a shearer lad at Mr. -Howden’s farm, about two miles from Tranent for sixpence, and he left -it in the Lock-up-house last Monday, when he was committed to jail; -and declares, that he had a snuff-spoon which was taken from him when -apprehended, and he purchased it for twopence in September last from -a hawker at the West Port, whose name and residence he does not know, -and being shown a brass <span class="pagenum" id="Page_75">[75]</span>snuff-box, and a snuff-spoon, to which a label -is attached, signed by the declarant and Sheriff, as relative hereto, -declares, that they are the snuff-box and snuff-spoon he refers to; -declares, that he gave the box to a tinsmith in the West Port, named -James, whose surname he does not know, but whose shop is next door to -Brown’s circulating library, to put a new lid upon it, and he thinks he -gave it to the tinsmith in September last, and the tinsmith kept it in -his possession some weeks; and all this is truth, &c.</p> - - -<p class="p2 r2"><i>At Edinburgh, the 3d day of November 1828.</i></p> - -<p class="center">In presence of <span class="smcap">George Tait</span>, Esq. Sheriff-Substitute of -Edinburghshire,</p> - - -<p>Compeared Helen M‘Dougal, at present in custody, who being examined, -declares, that she is 33 years of age, and she was born in -Stirlingshire: That she never was <i>married</i>, although she has -lived with the prisoner, William Burke, for 10 years: That about a -year ago they came to reside in Tanner’s Close, West Port; and about -three months ago they went to another house in the West Port, but she -does not know the name of the close: That a person, named John Brogie, -occupied the house in which they at present reside; but Brogie left -the house on Friday 8 days, and the declarant and Burke, who were -living with Brogie previously to his leaving the house, took possession -of it by themselves. Declares, that James Gray and his wife came to -live with Burke on Sunday the 26th of October. Declares, that the -only persons who were in the house on the night of Thursday last, the -30th of October, were Gray and his wife, and Burke and the declarant: -That Burke and the declarant arose from bed on Friday morning about -10 o’clock, and Ann Gray made breakfast for them; and when she was -making breakfast for them Burke went out, and said that he was going -to the shop, by which she understood him to mean that he was going -to get a dram, and he came in when breakfast was ready; and in about -five minutes afterwards, when they were taking breakfast, a woman came -in whom the declarant had never seen before, and who afterwards said -that her Christian name was Mary: That Mary appeared to be the worse -of liquor: That she asked leave to light her pipe at the fire; and she -then asked a little bit of soap to wash her cap, and a short-gown, and -her apron, and the declarant gave her a bit of soap, and she washed -her clothes, and Gray’s wife dried them and ironed them;<span class="pagenum" id="Page_76">[76]</span> and while -that was doing, she talked about having come from Ireland in quest of -her son, and soon after she came into the house she said she had got -no meat for three days, and the declarant gave her a share of their -breakfast: That Burke and Mary entered into conversation; and Burke, -upon hearing that she came from Ireland, said that he came from Ireland -too, and he did not know but she might be a relation of his mother’s. -Declares, that about 1 o’clock in the afternoon Burke brought in some -whisky and gave them a glass once round, it being the custom of Irish -people to observe Halloween in that manner: That Mary became very -impatient to go away in order to go to St. Mary’s Wynd to inquire for -her son, and she went away about 2 o’clock. Declares, that Burke had -gone out about half an hour before that and returned about 3 o’clock; -and when he came in, he mentioned that Nancy Connoway, a neighbour, -had said to him that she wondered how he could keep Gray and his wife -in the house because the noise of their quarrelling was so unpleasant -to the neighbours; and therefore he told them to go away, and never -to come back again, because he had not up-putting for them, and Gray -and his wife accordingly went away immediately. Declares, that Hare’s -wife happened to be in the house at the time, and said that she would -give them a night’s lodging, as she had a spare bed, and the declarant -supposed that they went to Hare’s, and it would be about six o’clock -when they went away: That Burke went to Hare’s house about seven -o’clock, and the declarant went about half an hour afterwards: That -when she went to Hare’s, Burke was not there, but she went to an -adjoining shop and brought him there, and they had some supper and -drink there: That the declarant then went home, and Burke followed -soon afterwards bringing some whisky with him which he had got in a -shop, and soon afterwards Hare and his wife came in, and they four -had some spirits together; and Nancy Connoway, before mentioned, came -in and had a share of the spirits: That the declarant then went to -Connoway’s house and had a dram, and then returned to her own house, -and found Hare and his wife still there: That they almost immediately -went away, but very soon returned, and Hare was very much intoxicated, -and Hare lay down in the bed and slept along with Burke all night, -and the declarant and Hare’s wife slept on the floor: That about six -o’clock in the morning Hare and his wife went away: That about seven -o’clock, Gray and his wife came in to get some clothes which they left, -and the declarant and Burke lay down in bed, and about eight o’clock -Burke rose and told<span class="pagenum" id="Page_77">[77]</span> Gray’s wife, who still remained in the house -along with her husband, to sort the house and get the kettle boiled, -and he himself went to a neighbouring shop for tea and sugar and bread -and butter: That when Burke came, Gray’s wife made the tea, and Gray -and his wife and Burke took breakfast together, and a young man named -John Broghan came in and got a share of it: That the declarant did not -take any of it: That after breakfast, Gray’s wife washed the floor and -cleaned the house, the declarant being in bed unwell, in consequence -of drink which she had had, and Broghan was in the house most of the -day: That Gray remained in the house all day: That Burke was sometimes -out and sometimes in, and he lay down for a short time. Declares, that -about five o’clock that afternoon the declarant sent Mrs. Gray to Mrs. -Law’s with some clothes to get mangled; and Gray and his wife left -the declarant’s house about seven o’clock to go to their lodgings, -and shortly after they so left the house, Mrs. Law came and asked -the declarant if she gave Mrs. Gray orders to get her gown: That the -declarant said she had not, and Mrs. Law then said, she was off with -it, and in a little after a girl came in and told the declarant that -a man was on the street with the declarant’s gown, and she went out -and found Gray standing at the head of Tanner’s Close with the gown -under his arm: That she got her gown from Gray, and the declarant and -Gray and his wife and Mrs. Hare had a dram together, and the declarant -left the gown in Mrs. Law’s to get mangled: That the declarant then -went home and kindled the fire, and she went out for her husband as -it was late, and after she found him they went into Connoway’s house, -where they remained for a few minutes, and Connoway told them that -Mrs. Gray had been raising a disturbance, and the declarant and her -husband were going out of Connoway’s house, when they were apprehended -by two policemen, who said that they had taken a corpse out of the -house; and, being interrogated, declares, that she did not see Mary -after two o’clock on the Friday, and, in particular, she did not see -her in the house on the Friday night. Declares, that she yesterday saw -the dead body of a woman in the Police Office, but declares that it is -not the body of the woman named Mary, because Mary had dark hair, and -the body of the woman in the Police Office had grey hair; and being -interrogated, declares, that she had no knowledge or suspicion of there -being any dead body in the house; and, in particular, of its being -under the bed, till after she was apprehended. Declares, that there -is only one bed in the house; and declares, that so far as she knows, -nothing was under the<span class="pagenum" id="Page_78">[78]</span> bed except a few potatoes and a little straw, -which had fallen from the bed. Being interrogated, declares, that she -had no conversation with Gray regarding a dead body; and in particular, -never promised him any money not to say any thing about a dead body; -and being shown a coarse linen sheet, a coarse pillow-case, a dark -printed cotton gown, and a red striped cotton bed-gown, to which a -label is attached, signed by the sheriff as relative hereto, declares, -that the sheet belongs to a William M‘Kinn, from whom the declarant -got a loan of it. That the pillow-case was used for containing dirty -clothes, and lay at the head of the bed as a pillow, but she never saw -the dark gown before to her knowledge. Declares, that the bed-gown is -like the one which Mary wore on the Friday, but she cannot say that -it is the same, as it is torn. Declares, that Burke had no money on -the Friday, and he had to borrow money for their breakfast on the -Saturday morning. That the declarant got 3s. from him on Saturday -night, but she does not know where he got that money; and, being -specially interrogated, declares, that she had no concern in killing -the woman Mary, or in hurting her, and does not know of Burke, or Hare, -or any other person being concerned in doing so, or in concealing the -dead body about the house, or in afterwards disposing of it. And, -being interrogated in regard to some marks of blood on the sheet and -pillow-slip, declares, that the marks upon the pillow-slip were from -her nose bleeding, in consequence of Burke having struck her; and the -blood upon the sheet proceeded from the declarant, in consequence of -her state at the time, as was known to Mrs. Gray. And all this she -declares to be truth, and that she cannot write.</p> - - -<table summary="signed"> - <tr> - <td class="smcap">Archd. Scott.</td> - <td class="cht">(Signed)</td> - <td>G. Tait.</td> - </tr> - - <tr> - <td class="smcap">A. M‘Lucas.</td> - <td></td> - <td class="smcap"></td> - </tr> - - <tr> - <td class="smcap">A. Maclean.</td> - <td></td> - <td></td> - </tr> -</table> - -<p class="p2 r2"><i>At Edinburgh, the 10th day of November 1828.</i></p> - -<p class="center">In presence of <span class="smcap">George Tait</span>, Esq. Sheriff-Substitute of -Edinburghshire,</p> - - -<p>Compeared Helen M‘Dougal, present prisoner in the tolbooth of -Edinburgh, and being examined, and the declaration emitted by her -before the said Sheriff-Substitute, at Edinburgh, upon the 3d day of -November current, being read over to her, she adheres thereto. And -being interrogated, declares,<span class="pagenum" id="Page_79">[79]</span> that between three and four o’clock of -Friday afternoon, the woman named Mary insisted on having salt to wash -herself with, and became otherwise very troublesome, and called for tea -different times, and the declarant told her she could not be troubled -with her any longer, and thrust her out of the door by the shoulders, -and never saw her afterwards. And being interrogated, declares, That -Brogan did not bring any woman into the house. And being interrogated, -declares, That William Burke and William Hare had a slight difference -and struggle together on Friday night, as she thinks; but there was -no great noise made, and no cries of murder, so far as she heard. All -which she declares to be truth; and that she cannot write.</p> - - -<table summary="signed"> - <tr> - <td class="smcap">Archd. Scott.</td> - <td class="cht">(Signed)</td> - <td class="smcap">George Tait.</td> - </tr> - - <tr> - <td class="smcap">A. M‘Lucas.</td> - <td></td> - <td class="smcap"></td> - </tr> - - <tr> - <td class="smcap">A. M‘lean.</td> - <td></td> - <td></td> - </tr> -</table> - -<hr class="tb" /> - -<p>The <span class="smcap">Lord Advocate</span> addressed the Jury in the following terms:—</p> - -<p><i>Gentlemen of the Jury.</i>—It is now my duty to make a few remarks -on the tenor of the evidence which has been laid before you in support -of the indictment against the pannels at the bar; and, at this late -hour, when you must be exhausted with the long trial in which you -have been engaged, I shall not detain you long. Indeed, had this been -an ordinary case, I should have had great pleasure in leaving the -evidence to your own judgment, without one word of comment from me, -satisfied that, in the charge which you will receive from the Court, -before you retire, a much more luminous and impartial detail of its -substance and bearings will be given, than can be expected from one -holding the situation which I do, as Public Prosecutor. But this is a -case of no ordinary complexion; and I am, therefore, called on for some -observations, more especially, as you will be addressed on behalf of -the prisoners by my honourable and learned friends on the other side of -the bar; and it might be thought remissness on my part, if I were to -allow the evidence to go to you for a verdict, without some remarks on -its tendency, while its true effect would perhaps be impaired by the -able comments of the pannels’ counsel.</p> - -<p>Gentlemen, it affords me peculiar satisfaction to see, in a case of -this kind, so full and formidable an array of counsel for the defence. -In all cases, the Bar of Scotland does itself honour by undertaking -the defence of the unhappy persons<span class="pagenum" id="Page_80">[80]</span> who are brought before this Court -accused of offences; but, in this case, I am proud and happy to see -the most distinguished among my brethren engaged in the defence of -the prisoners—coming forward and lending the strength of their great -talents and great learning spontaneously and gratuitously to these -unfortunate persons. It is for the ends of public justice that they -have done so: and it is a great consolation to me, in the discharge of -my painful duty, that the pannels, and in them the law and the country -at large, will derive all the benefit which may be looked for from -the knowledge and the eloquence of such distinguished advocates. If -an acquittal should follow the proceedings in which we have this day -been engaged, I hope it will be acknowledged that I have only done my -duty to the public, in putting these prisoners on their trial; and -should they be convicted, they will be ably defended, if they have any -defence; and the country must be satisfied that the conviction will be -just, when the defence is in the hands of counsel so eminent, and so -universally and deservedly respected.</p> - -<p>And, Gentlemen, this aid of able counsel is of the more importance, -that this is one of the most extraordinary and novel subjects of trial -that has ever been brought before this or any other Court, and has -created in the public mind the greatest anxiety and alarm. I am not -surprised at this excitement, because the offences charged are of so -atrocious a description, that human nature shudders and revolts at it; -and the belief that such crimes as are here charged have been committed -among us, even in a single instance, is calculated to produce terror -and dismay. This excitement arises from detestation of the assassins’ -deeds, and from veneration for the ashes of the dead. But I am bound -to say, that whatever may have occasioned this general excitement, or -raised it to that degree which exists, it has not originated in any -improper disclosures on the part of those official persons who have -been entrusted with the investigations connected with this business; -for there never was a case in which the public officers to whom such -inquiries are confided, displayed greater secrecy, circumspection, -and ability. It is my duty, Gentlemen, to remove that alarm which -prevails out of doors, and to afford all the protection which the law -can give to the community against the perpetration of such crimes, by -bringing the parties implicated to trial; and I trust it will tend to -tranquillize the public mind, when I declare I am determined to do so. -I cannot allow any collateral notions about the promotion of science -to influence me in this course; and I am fully determined that<span class="pagenum" id="Page_81">[81]</span> every -thing in my power shall be done to bring to light and punishment those -deeds of darkness which have so deeply affected the public mind.</p> - -<p>Gentlemen, before I proceed to detail, which I shall do very briefly, -the evidence now laid before you in support of the indictment against -the prisoners, I must impress upon you what will be more eloquently -and emphatically told you by their counsel and the Court, that in -judging upon the only charge now under trial, you are to banish from -your minds all impressions which you may have received from any other -source than from the evidence itself. To that evidence alone you must -confine your attention—and you are not to allow yourselves to be -moved by the fact that there were other charges in the indictment of -a similar description, because these charges have now been entirely -withdrawn, for the present, from your consideration. Those charges have -been separated from that now to be tried, at the special desire of the -prisoners themselves, and to remove any ground of objection that an -impression was necessarily created to the prejudice of the prisoners. -God forbid, that I should ever in any case, pursue a criminal in a -form to the prejudice of the party accused. The pannels are accused -of murder—and the three instances that were libelled were only three -separate facts in support of that general charge. But since the -prisoners and their Counsel have made their option to be tried for each -separately, and the Court have sanctioned this course, I willingly -acquiesce in it. I must say, however, that in framing the indictment, -including all the three charges, I did so to give the pannels the -fairest chances on their trial, and for the purpose of probing to the -bottom the whole system of atrocity, a part of which I have this day -brought before you, with evidence, which, I conceive, amounts to the -most complete and convincing proof.</p> - -<p>In going over that proof, Gentlemen, it is not necessary that I should -read over to you fully the notes of the evidence—because that will be -more ably and authoritatively done by the Court, than it can be by any -one in the situation of Public Prosecutor. I shall, therefore, content -myself with a condensed and connected reference to its import—from -which I have no doubt, you will find a verdict of guilty against the -pannels.</p> - -<p>Gentlemen—the chain of evidence in this case is very complete, and -you can, from the testimony of the witnesses you have heard examined, -trace the poor creature who was murdered, from Mrs. Stewart’s house, in -the Pleasance, to Burke’s house, where she was bereaved of life, and -whence her body<span class="pagenum" id="Page_82">[82]</span> was afterwards carried, by the direction of Burke, to -Dr. Knox’s dissecting-room, in Surgeons’ Square, where Burke sold it to -the Doctor, and delivered it to his assistant. This is the essence of -the crime charged, and it is clearly established in evidence. You have -heard the evidence of Mrs. Stewart, that in the forenoon of Friday, -the 31st October last, the deceased left Mrs. Stewart’s house to go -in quest of her son. In this case there is no doubt as to the time, -for it was in the Sacrament week, and on Hallowe’en—two circumstances -which enable all the witnesses to speak positively on that point. You -have next the testimony of Charles M‘Lachlan, who lodged with Mrs. -Stewart, and who accompanied the deceased as far as his own shop in St. -Mary’s Wynd, where he parted with her, betwixt nine and ten o’clock -on the forenoon of that day. You have then the testimony of William -Noble, Mr. Rymer’s shop-boy, that she met with Burke in his master’s -shop, at an early hour in the forenoon of the same day, when he asked -her name, and struck up an acquaintance with her on hearing it, upon -a pretence that it was likely she was a kinswoman; and as she was -destitute, and seeking charity, he beguiled her to his house in the -West Port, by pretending kindness, offering her breakfast, &c. Mrs. -Connaway, who lived in the same house with Burke, saw him pass into -his apartment with the deceased in his company, about the middle of -the same day—saw her again in the evening in Burke’s company, when -jollity prevailed—dancing, and singing, and drinking; in all of which -hospitalities the deceased joined, and was in perfect health and good -spirits; and, finally, saw her go from her (Connaway’s) house into -Burke’s, about eleven o’clock the same night, in company with the -pannels and Hare and his wife. Mrs. Law corroborates a great deal of -this, and the deceased is identified by all these witnesses, so as -to leave that matter quite clear. Then, the disturbance in Burke’s -house, after the pannels, and Hares, and the deceased went into it, -is instructed by all the neighbours; and the testimony of Alston is -most important; for, in addition to the other circumstances previously -established, he proves that, betwixt eleven and twelve o’clock the -same night, he heard a riot in Burke’s house, and cries of murder and -distress, which induced him to go in search of the Police; but not -finding an officer, and the cries having ceased, he concluded the -riot to be over, and the mischief which he apprehended, to be at an -end. It is also proved, by Connaway and others, that Burke went out -in the evening, and was absent about ten o’clock, at which hour, it -is proved by Elizabeth Paterson,<span class="pagenum" id="Page_83">[83]</span> that Burke called, inquiring for -her brother, an assistant to Dr. Knox, Lecturer on Anatomy; and he -being from home, that Burke proceeded with the deceased, and the other -persons referred to, including the defunct, into his own apartment, at -eleven o’clock that night. There is the testimony of Gray and his wife, -that they, being temporary lodgers in Burke’s house, were requested -to go elsewhere <i>for that night</i>, and that their lodgings for -that night were provided and paid for by Burke; and they confirm many -particulars stated by the other witnesses. Then there is the testimony -of Paterson, Dr. Knox’s assistant, that Burke came to him at twelve -o’clock the same night—took him to his house, and told him he had -got a subject for the Doctor. You have the evidence of Gray and his -wife, that on Saturday the 1st November, they found lying under the -bed, the dead body of the deceased, whom they had seen the previous -night in Burke’s room, alive and in good health. There is no evidence -that she was drunk. You have the evidence of the porter who packed and -carried the dead body to Surgeons’ Square—of Paterson who received it -in a box, and paid £5 of the price to Burke and Hare—of the shop-boy -who sold the box to Burke; and thus proof of every circumstance, -except the actual fact of murdering the woman by the pannels; and then -that is supplied by the testimony of the Hares, who, no doubt, were -<i>socii criminis</i>, and who explain all the horrible details of the -perpetration of this deliberate and midnight murder. That they are -liable to suspicions as <i>socii criminis</i>, I admit; but they only -corroborate evidence which, in all its parts, would alone be sufficient -to bring home the crime to the pannels: and, however worthless these -persons may be, it is with you, gentlemen of the jury, to decide to -what measure of credibility they are entitled, when they, in this and -other particulars, give an explanation of what could only be seen by -them at the time—being an occult crime, committed in the dead of -night. When it is proved by other unexceptionable evidence that Burke -seduced this poor destitute woman into his house, on a pretext of -hospitality, she being at that time in perfect health, that he went -to a person with whom he was in the habit of dealing in dead bodies, -as anatomical subjects, at ten o’clock—went again to him at twelve -the same night, and offered him a subject—and next day carried it, -and sold for money the body of the deceased, which has been fully and -satisfactorily identified,—what conclusion can be drawn from all this -good evidence, corroborated by that of the <i>socii</i>, but that these -pannels had perpetrated the foul murder libelled,<span class="pagenum" id="Page_84">[84]</span> with the intent and -purpose of selling the body to be dissected, for a paltry sum of money? -I will not waste your time by going into every minute circumstance in -the proof; but it is all consistent,—reconcilable, except in the most -trivial and unimportant points, and perfectly conclusive against the -prisoner Burke. The credibility of the <i>socii</i> will be strongly -questioned, I have no doubt, by the counsel for the defence; but giving -all proper weight to the ordinary objections in such cases, I submit -to you that the main points of the case are borne out by all the other -circumstances that are well established. In particular, I most call -your attention to the testimony of Hare, that Campbell went out into -the passage and called “Police and murder” during the scuffle betwixt -him and Burke; and that when Burke began his work of death she gave “a -screech.” This is confirmed by Mr. Alston, who providentially arrived -in the immediate vicinity at that critical time; and he depones, that -when he heard in Burke’s house the sound of a scuffle and fighting, he -also heard, first, a female voice calling “Murder” and “Police,” “For -God’s sake go for the police, for there is murder here;” and in a few -minutes he heard some person or animal give fainter cries, as if it -were choking.</p> - -<p>This witness is above all suspicion, and corroborates Hare’s edition -of the transaction in these most material particulars; and then Burke -admits in his declaration many of the facts sworn to by the several -witnesses. He admits that he picked the deceased up in Rymer’s -shop—that she was in his apartment during the 31st October, and at -a late hour that night. He acknowledges that he administered liquor -to her, that she lost her life that night in his house, and that next -day he had her body packed up in a box and carried to Dr. Knox’s -dissecting room, after which he got money from Paterson for it. In -these circumstances, is it possible to doubt that he murdered her for -the purpose of selling her body? And even from the facts admitted by -himself, independently of all other proof, I feel myself warranted to -call on you for a verdict of guilty.—That the woman M‘Dougal, who -was not bound to him by any legal tie, was guilty art and part, and -witnessed and sanctioned the whole proceedings, is equally clear. I, -therefore, submit to you, Gentlemen of the Jury, that you ought to -give a verdict of guilty against the pannels. And if you do not give -a verdict against them, I do not think it possible that in any case I -shall ever obtain a verdict against the greatest criminals. The crime -now charged is one of unexampled atrocity—unexampled in the history -of<span class="pagenum" id="Page_85">[85]</span> civilized countries—and the occurrence of which, in this country, -in my time, is a circumstance which I deeply deplore.</p> - -<p>The <span class="smcap">Dean</span> of <span class="smcap">Faculty</span> began his address to the jury at -three o’clock on Thursday morning, and at first spoke in a low tone of -voice, indicating exhaustion. He addressed the jury nearly as follows, -and soon began to speak with his wonted energy:—</p> - -<p>Gentlemen,—It is some relief to my mind at this moment, that I shall -not have occasion to go over all the mass of evidence which has been -laid before you in support of the charge against the prisoners. We -have now been seventeen hours engaged in this trial, and, with the -exception of a short space consumed in the discussion of the point -of form, the whole of that time has been devoted to the hearing of -evidence in support of the prosecution. Such a mass of testimony must -of itself distract and press heavily upon your minds; but it shall be -my endeavour to show you, that, extensive and varied as it is, it does -not amount to that legal proof which you require, as a jury, to find a -verdict against my client; and that it is wholly destitute of force, on -the main, and indeed, the sole fact in the case—that the pannel Burke -did commit the crime of murder charged against him in this indictment.</p> - -<p>Gentlemen, I do not stand here as the advocate of William Burke’s -character. To do so would be to insult you, and to degrade my own -profession. But I appear before you as an advocate for the great -principle of our law, under which you and I, and all of us, live and -repose in safety—the broad and general principle, that no man is to -be held guilty of any crime unless his guilt be proved by good and -unexceptionable legal evidence,—and to the benefit of this sacred -principle my client, however odious, or however abandoned he may be in -any other respect, is fully entitled in judging of the case now before -you.</p> - -<p>The pannel, Burke, labours under great disadvantages—He is avowedly a -person who has been engaged in the loathsome and detested occupation -of procuring dead bodies for dissection; and this circumstance is -calculated to excite prejudice, and ought to guard your minds strongly -against being influenced by any feelings, except the convictions of -your understandings, and the dictates of your consciences, on a strict -and rigorous examination of the evidence which has been laid before -you. And I must warn you also against any prepossessions created by -what has appeared in newspapers, or otherwise, out of doors. Gentlemen, -laying all prejudices and extrajudicial statements aside, and guarded -only by the<span class="pagenum" id="Page_86">[86]</span> lights of law and of justice, you must look steadily at -your duty as jurymen—not to the many irrelevant circumstances which -have been this day sworn to, but to the evidence which has been laid -before you of a murder having, as is alleged, been committed on the -body of Campbell, and committed by my client Burke. Now, I maintain, -that of these averments there is no proof at all—for none of the -witnesses, except Hare and his wife, swear to that point—and they are -so utterly contaminated—and have such strong and obvious motives to -criminate my clients in order to screen themselves, that their evidence -is of no value whatever. They are incredible as witnesses—and they -are in this case the only witnesses. It has been said they corroborate -the other witnesses; but this cannot be the case, for there is nothing -to corroborate. There is no other evidence of the fact of the murder -charged in the indictment but their testimony; and that testimony -cannot be believed.</p> - -<p>Gentlemen, it is the great and governing principle of our law, that -in all cases of alleged murder, the fact of murder must be proved. -In the highest species of murder, that of high treason,—that of -compassing the death of the King—the overt act must be established by -unexceptionable evidence. Constructive treason is not now recognized -in our law. In such cases the accused is covered all over with the -armour of the law; and to every other case of alleged murder the same -principle extends its protecting power. The fact of murder must here be -proved; the fact of murder by the hand of Burke—for without that fact -being established by good, credible, and unpolluted witnesses, there is -here no case, and no evidence whatever, in support of the indictment.</p> - -<p>There are many flaws and inconsistencies in the whole of the evidence; -and Hare and his wife not only contradict each other in several -instances, but the statements of both are contradicted by other -witnesses who also contradict one another. Thus Mary Stewart swears -that Campbell left her house in the Pleasance, betwixt 7 and 8 o’clock -on the morning of Friday, 31st October, while M‘Lachlan swears that -it was between nine and ten. William Noble says it was on that Friday -morning about breakfast-time that Burke and the woman Campbell met in -his master’s shop; but Mrs. Connaway says it was mid-day when they -entered Burke’s house to breakfast, and Mrs. Law makes it two in the -afternoon. But this is nothing to the contradictory testimonies of -Hare and his wife themselves, as to the scenes in Burke’s house. Hare -swears that at the time of the scuffle the old woman went out<span class="pagenum" id="Page_87">[87]</span> into the -passage and cried “police,” and “murder;” but his wife swears that she -never went out of the inside door, nor cried out at all. And the wife -even contradicts herself; for at another part of the evidence she says -that Campbell did call out “murder.” Again, Hare says that when Burke -was above Campbell on the floor, and when his wife and M‘Dougal heard -the first screech, they leaped out of bed and ran into the passage; -but the wife says that she was not in the bed when Burke was lying on -the old woman, but standing between the door and the bed. And after -all the scenes which they pretend to describe with such accuracy and -truth, Hare says that he did not go to bed, but slept on a chair with -his head on the bed, the two women and Broggan being in the bed, and -Broggan being next to his aunt M‘Dougal; while the wife swears that -she, Broggan, and M‘Dougal, lay down upon the floor, and the men, -Burke and Hare, slept in the bed, the dead body being underneath -it; and Broggan gives an account of the matter differing entirely -from both, for he says that he and the men lay on the floor at the -fireside, while the two women were in bed. Then as to the proceedings -of Saturday, we have a similar tissue of contradictions. Hare swears -that Burke took the body from under the bed, and the porter helped him -to put it into the box. But M‘Culloch swears that he did not assist in -putting the body into the box—that he did not see a body at all, but -<i>something</i> in a sheet, and that he only thought it was a body, -because he saw some hair sticking out after this something was crammed -into the box. Further, as to the settlement of the price by Paterson, -we have more contradiction. Paterson swore that he had seen both Hare -and Burke dealing with Dr. Knox about dead bodies: that he had been -directed by the doctor to divide the L.5 betwixt them to prevent them -from quarreling, as they had done formerly: that he took them to a -public-house and got change, and gave each L.2, 10s., that they left -something for the porter, and that the whole price of the body was L.8. -Now Hare swears that Paterson gave the porter 5s., and each of the -others L.2, 7s. 6d., and that the price of the subject was L.10. But -Hare, on cross-examination, said it was from Burke, not Paterson, that -he got the L.2, 7s. 6d. Paterson says that he gave each of Burke and -Hare L.2, 10s. and that they paid the porter; but the porter himself -swears that it was Paterson who paid him, so that all these witnesses, -Paterson, M‘Culloch, and Hare, prevaricate and contradict each other in -the clearest and most unequivocal manner.</p> - -<p>Paterson, who was questioned as a person having medical<span class="pagenum" id="Page_88">[88]</span> and anatomical -knowledge, as to the appearance of the body, deponed, that the eyes -did not project when the subject was taken from the box, and Dr. Black -swore that the eyes were nearly started from the sockets, and he -further said that Docherty’s appearance was very much the same with -that of persons brought to the police office who had been suffocated -with drink; and he declared he was afraid to hazard an opinion whether -her death had been occasioned by violence. Dr. Christison merely stated -his opinion that it was probable she had suffered a violent death; -but there never were medical opinions on the whole so various and -inconclusive in support of a libel for murder.</p> - -<p>These particulars in the evidence may appear trivial; but in a case of -circumstantial evidence, the most trivial circumstance is often of the -greatest importance in judging of a witness’s credibility; and when -you find among so many of the witnesses in this case such a cluster -of inconsistencies and contradictions;—when you remember the nature -of the occupations in which these witnesses are avowedly engaged, and -consider the motives by which they must be actuated, to whitewash -themselves as far as possible by inculpating the pannels, it is utterly -impossible you can give credence to their testimonies, or listen to it -for one moment as the evidence of witnesses upon which you can with a -safe conscience give a verdict against the pannels. The Dean concluded -by urging the jury to keep in mind the general principle on which the -safety of every man in society rested, and the necessity of the murder -being proved upon better evidence than that of such nefarious witnesses.</p> - -<p>Mr. <span class="smcap">Cockburn</span>, for the pannel M‘Dougal, said, that in pleading -her defence, it was only necessary for him to assume what was contrary -to the fact, that the Public Prosecutor had succeeded in establishing -the guilt of the other pannel Burke; a proposition which no one would -maintain after listening to the powerful argument of his friend the -Dean of Faculty. But he would assume that the guilt of Burke was -established, and what followed? Not that the other pannel M‘Dougal had -aided and assisted in that murder, but that she fled from the scene -described by Hare, and did not even witness the atrocities of which -that monster held himself out as a willing and passive spectator. -Although it were correct and credible, it proves nothing against -M‘Dougal. But to talk of their credibility was a sporting with men’s -lives and a mockery of justice. The evidence of these miscreants could -not be received in the same manner as the evidence of an honest person. -Their<span class="pagenum" id="Page_89">[89]</span> character was written in characters of blood, that never could -be effaced from the recollection of those who heard their horrid -narrative. Could they conceive that an accessory to murder was worthy -of credit?—and yet the law made him an admissible witness. The man who -was the chief evidence in a trial for the crime of murder,—who had -told that he sat on a chair within a yard of the murdered and murderer, -and raised not an arm, nor uttered a cry to save the unhappy victim -calling for help and struggling with the assassin in the last agonies -of life;—which was the most guilty,—the cool, cold-blooded spectator -of the foul murder—or the actor, whose physical exertions would, in -such an awful moment, impart phrenzy to his mind? There were certain -questions which he had felt it his duty to put to Hare; but which he -warned him he need not answer unless he chose. “I asked him,” said Mr. -Cockburn, “if he had been concerned in other murders; but he declined -to answer. I asked him whether a murder was committed in his own house -in October last; and again that monster took shelter in his privilege. -In what situation was that man placed when he gave his evidence? There -were other murders hanging over his head, upon which he might be -libelled; he came from the jail and would be returned to it,—knowing -full well, that, if the case failed, he might be called upon to descend -from the witness-box, to take, along with his wife, his place at the -bar—in short, to exchange places with the pannels. And if they were -the pannels, and Burke and M‘Dougal the witnesses, then would the true -state of the case appear and the present witnesses would be proved the -guilty perpetrators. The monster had come that very day out of jail, to -which he would be again consigned if he failed to make them (the Jury) -believe his story.” He (Mr. C.) had often heard of King’s evidences, or -approvers, in crimes to which they had been accessories; but of persons -coming to give evidence with other crimes of a similar nature hanging -over their heads, the very idea was horrible. If Hare and his wife -had stood at the bar, and made a judicial confession of participation -in the crimes which they had stated from the witness-box, sentence of -conviction, legally disqualifying them, would have been recorded; but -being allowed to make their confession from the box, they were not only -freed from the crime, but cleared to the effect of being converted -into good and credible witnesses. But what could a jury think of the -evidence of the man who came forward and said, “I have been guilty of -one murder, but want to free myself from blame by impeaching another -who was not probably so guilty?”<span class="pagenum" id="Page_90">[90]</span> They had seen the squalid wretch—the -very picture of his revolting traffic—a visible spectacle of penury -and profligacy.</p> - -<p>And then, as to Hare’s wife; Mr. Cockburn said he did not know whether -or not the Lord Advocate had any skill in physiognomy. Perhaps the -Lord Advocate liked her face—a good one for a King’s evidence;—but -as his Lordship’s back was towards the witness, he did not perhaps -see that woman’s face so well as he (Mr. C.) did. To him it appeared, -that on that countenance every evil passion was imprinted. She stood -in that box, with a miserable child in her arms, the blighted creature -of vice and misery; and, instead of casting upon it a look of maternal -tenderness in its distress, she evinced a harshness and brutality, and -seemed to eye it in such a manner as added to her malign aspect. He -would say, without fear of contradiction, that he never had, in the -course of his practice, seen such wretches placed in the witness box. -The learned gentleman alluded to the declarations, and said, if the -jury allowed their minds to be influenced by the statements of those -documents, the pannels would be legally murdered.</p> - -<p>And in the conclusion of his speech, Mr. Cockburn addressed the jury -in a tone of peculiar eloquence and impressiveness: “If, Gentlemen, -(said he,) you have any doubts—you must give the pannels the benefit -of those doubts;—and after seeing the exhibition, and hearing the -testimonies of Hare and his wife this day as witnesses—good God! can -you say there are no doubts? It is the duty of the Public Prosecutor -to prove his case by good evidence. He has produced a horde of -wretches who are a pollution to any evidence. The Hares, the Grays, -the Connoways, M‘Cullochs, and Brogans, the whole host of witnesses -to every material circumstance in the proof are polluted. Talk not -of suspicions of dangers to the public—for in my mind no greater -danger can be imagined than that of a criminal verdict on doubtful and -polluted evidence. Though the town should ring with clamours and the -country resound with them, you are only called on the more strongly to -discharge your duty manfully, by the exercise of your own judgment, -and the dictates of your consciences—banishing from your minds every -prejudice, and looking well to the nature of the evidence on which -you are called to condemn a fellow-creature to death—recollecting -too, that when the public mind is agitated and disturbed, it is the -Courts of Law, and the Juries of our country, who hold in their hands -the balance of justice—and that when the storm is up, and popular -prejudice and passion rage around, the louder is the call for an -enlightened<span class="pagenum" id="Page_91">[91]</span> and intrepid discharge of your duty.” He concluded by -craving an acquittal of M‘Dougal from the charge made against her.</p> - -<p>The <span class="smcap">Lord Justice Clerk</span> began his charge to the Jury at six -o’clock on Thursday morning, and finished about half-past eight. His -Lordship expressed great satisfaction at the defence having been -committed to such eminent counsel; for he could assure them (the jury) -he never had heard the defence of any individuals conducted with more -zeal and consummate ability than that of the prisoners. There was -another consideration which he was called upon to bring under their -notice; namely, to express his thorough confidence that they would -divest their minds of every impression or prejudice which might have -been raised from what they had read or heard out of doors. It would be -a matter of infinite regret, if writings or publications, or any sort -of public feeling, should for one instant affect their minds; but he -was sure they knew their duty too well, to be influenced by prejudice; -they would be guided by nothing but the facts as disclosed during the -investigation.</p> - -<p>The evidence was partly circumstantial, and partly direct. The -first was composed of a number of minute facts and circumstances; -and the latter of the testimony of <i>socii</i>. It would be their -duty,—First, to consider the general evidence; Secondly, that of the -<i>socii</i>; and, Thirdly, the combined effect of both conjoined. From -these, the verdict, upon a fair inference drawn from a consideration of -the whole, would be made up. His Lordship then directed the attention -of the Jury to the way and manner the old woman, Campbell, had been -bereaved of life, informing them, that if they were satisfied she had -not died in consequence of violence, there would be an end of the -inquiry. If they held the contrary opinion, they would proceed to -consider, whether she had lost her life by the hands of the prisoners, -or one or other of them.</p> - -<p>The evidence of the identity of her person was the first branch of -the investigation. His Lordship then went over the whole evidence -with great minuteness, commenting upon those parts where there were -seeming contradictions, or which had been specially alluded to by the -Public Prosecutor, or the counsel for the pannels, in the course of the -defence, but it is unnecessary to recapitulate his Lordship’s detail, -as the reader has the whole evidence itself before him.</p> - -<p>With respect to the <i>socii</i>, his Lordship said they were entitled -to credit, if they gave a true account of the transaction of which they -spoke. He admitted they were not placed in the same situation with -persons against whom no suspicion<span class="pagenum" id="Page_92">[92]</span> existed; but it was the duty of -the jury to sift their evidence, and in as far as it was corroborated -by good evidence, it was entitled to such a measure of credibility as -they in their consciences thought it merited. They had been told of the -Hares being connected with other murders. With what murders they might -be chargeable, he did not know; but to a certainty, they could not be -libelled on either of the charges contained in the libel now under -trial, and which had not been sent to the jury. It was, therefore, -unfounded in law to say, that these two persons were liable to be tried -for the two murders contained in the indictment. These individuals, who -were under the protection of the Court, had been called as accomplices, -in the same manner as associates in robbery, wilful fire-raising, -and other capital crimes. With respect to M‘Dougal, his Lordship was -understood to express his opinion, that if the evidence was to be -believed, she had been an accessory before the commission of the crime, -during its commission, and after it was committed; and, upon the whole, -he considered the libel as made out against both.</p> - -<p>The Jury then retired at half-past eight o’clock to consider their -verdict, and after an absence of fifty minutes, returned into Court and -gave in the following verdict by their chancellor, <span class="smcap">William Macfie, -Esq.</span></p> - -<h2 class="nobreak" id="VERDICT">VERDICT.</h2> - - -<p>The jury find the pannel, William Burke, guilty of the third charge in -the indictment, and find the indictment not proven against the pannel -Helen M‘Dougal.</p> - -<p>The Lords assoilzie the pannel, Helen M‘Dougal, simpliciter, and -dismiss her from the bar.</p> - -<p>The <span class="smcap">Lord Advocate</span> having moved for the sentence of the Court,</p> - -<p>Lord <span class="smcap">Meadowbank</span> bank gave his opinion nearly in the following -terms:</p> - -<p>My Lords, after a trial of unexampled length—protracted to nearly -twenty-four hours—a trial in which the minds of your Lordships have -been exerted to the uttermost, it would be improper in me to detain -the Court with commenting on the circumstances of this most atrocious<span class="pagenum" id="Page_93">[93]</span> -case; and I feel that it is quite impossible for any one who has -attended to the proceedings on this trial, to think that we have any -thing left to do, but to go through with the distressing duty which -is now fallen to your Lordships to perform. But it is impossible, -in considering the whole circumstances of this distressing case, -not to advert to that extraordinary—that most unexampled, and that -atrocious system, which every one must feel has been developed by -the evidence that has been brought forward. I am sure, and I speak -in the presence of your Lordships, who can correct me if I am wrong, -that in the whole history of the country—I may say, in the history -of civilized society—nothing has ever been exhibited that is, in any -respect, parallel to this case. Murders have been committed before -now; crimes of all descriptions have unhappily been too common; but we -had flattered ourselves that our county was, in a great measure, free -from the stigma of any great or heinous atrocity committed within its -bounds. That there should have been found, therefore, not one but many -leagued and combined together, in order to sacrifice their unoffending -fellow-creatures, for the wretched purpose of disposing of their -bodies, is, to the last degree, humiliating. The very announcement of -such a system is sufficient to raise ideas of horror which it would -be vain to search for words adequately to express. When I take a view -of the other features of this case, it exhibits a picture of iniquity -which the greatest stretch of imagination can hardly take in, yet -it was so clearly brought in proof, that, I am sure, it must carry -conviction to every one who heard the evidence. It is proved that the -prisoner, in going up the street after some of his usual avocations in -the morning, fell in with the poor unprotected old woman, with whom, it -is quite clear, that he was perfectly unacquainted before. Now began -his arrangements for ensnaring his victim. With the immediate feeling -upon him of the object which he had in view, he claims kindred with -her by a fictitious name; and by pretences of kindness endeavours to -gain on her affections. He entices her into his own house, and there -continued his friendship to her, insomuch that she expressed gratitude -to Mrs. Connoway for the kindness with which he had treated her. He -thus contrives so far to attain his object, that she seems to have -opened her affection and confidence to him—she looked to him for -protection—she felt he had dealt kindly with her—she refused to -enter the house until he entered with her. She did enter with him. -A struggle, or pretended struggle, ensued; and, when<span class="pagenum" id="Page_94">[94]</span> I recollect -that the moment she fell that struggle ended, I cannot rationally -entertain a doubt that it was feigned, and got up for the purpose of -entrapping her, and throwing her off her guard. What did the individual -to whom she looked for protection now do? She is thrown down, and he, -with the atrocity of a demon, instantly throws himself upon her, and -extinguishes life in a few moments. I do not state this with any view -whatever of exciting the feelings, or aggravating indignation against -the unhappy prisoner, but really when such a system of crime, in -which there are many actors, is developed in the midst of this great -metropolis, I cannot resist stating the impression which it has made -upon my mind as one of the most monstrous exhibitions of atrocity ever -disclosed in the annals of criminal jurisprudence in this or any other -country. Sitting as I do in this place, there is little occasion to -advert to certain matters that were pointed at, and eloquently pointed -at, in the course of the defence. I will only observe, that with -matters of science we have nothing to do. We have nothing to do but to -administer the law as handed down to us, and God forbid that the claims -of science, or of philosophy, or of speculation of any kind, shall -prevent us from feeling the horror which such offences are naturally -calculated to excite. With respect to the issue to the prisoner, your -Lordships are aware that that issue must be death. The highest law has -said, “Thou shalt not kill—thou shalt do no murder;” and the law of -this country says, that he who commits murder shall suffer death. The -prisoner must have considered that he was committing the high crime of -murder. In his breast, as in the breast of every one, must be implanted -that feeling, that murder was the most heinous of crimes. There is no -doubt that it is the duty of the Court to pronounce sentence on the -prisoner; and I now suggest that he be detained in the Tolbooth of -Edinburgh, and that he suffer death on the scaffold on the 28th day of -January next, and his body be given for dissection.</p> - -<p>Lord <span class="smcap">Mackenzie</span> expressed his concurrence.</p> - -<p>The <span class="smcap">Lord Justice Clerk</span> then addressed the prisoner nearly as -follows:—William Burke, you now stand convicted by the verdict of -an intelligent and respectable Jury, of the atrocious murder charged -against you in the indictment, upon evidence which could not leave a -doubt of your guilt on the mind of any one who heard it. I so fully -concur in the view which has been so eloquently given by my learned -brother, of<span class="pagenum" id="Page_95">[95]</span> the nature of the offence, that I will not occupy the -time of the Court with commenting on it. A crime more atrocious, a -more cold-blooded, deliberate, and systematic preparation for murder, -and the motive so paltry, was really unexampled in the annals of the -country. It is now my duty to inform you, that if ever it was clear -beyond all possibility of a doubt, that the sentence would in any case -be carried into full execution, this is the case. You may rest assured -that you have no chance of pardon; and I now would solemnly warn you to -prepare your mind in the most suitable manner to appear in a very short -time before the throne of Almighty God, to answer for this crime, and -for every other with which you stand chargeable in your own conscience. -The necessity of repressing crimes of this nature precludes the -possibility of your entertaining the slightest hope of a remission of -your sentence. The only doubt I have in my mind is, whether to satisfy -the violated laws of your country and the voice of public indignation, -your body ought not to be exhibited in chains, to bleach in the winds, -in order to deter others from the commission of similar offences. But, -taking into consideration that the public eye would be offended by so -dismal a spectacle, I am willing to accede to a more lenient execution -of your sentence, and that your body should be publicly dissected. I -trust that if it is ever customary to preserve skeletons, yours will -be preserved, in order that posterity may keep in remembrance your -atrocious crimes. I earnestly advise you to lose no time in humbling -yourself in the sight of God, and that you will seek the aid of the -ministers of religion, to whatever profession you may belong. The -present charges having been fully established against you, it is my -duty to inform you that you have but a few days to remain on the earth. -His Lordship then pronounced, with due solemnity, the sentence of the -law, which was recorded in the following terms:</p> - - -<h2 class="nobreak" id="SENTENCE">SENTENCE.</h2> - - -<p>The Lord Justice Clerk and Lords Commissioners of Justiciary, in -respect of the verdict before recorded, decern and adjudge the said -William Burke, pannel, to be carried from the bar back to the Tolbooth -of Edinburgh, therein to be detained, and to be fed on bread and -water only, in terms of an act of Parliament passed in the 25th year -of the reign of His<span class="pagenum" id="Page_96">[96]</span> Majesty King George the Second, entitled “an -Act for preventing the horrid crime of murder,” until Wednesday the -twenty-eighth day of January next to come, and upon that day to be -taken furth of the said tolbooth to the common place of execution in -the Lawnmarket of Edinburgh, and then and there, between the hours of -eight and ten o’clock before noon of the said day, to be hanged by the -neck by the hands of the common executioner upon a gibbet until he be -dead, and his body thereafter to be delivered to Dr. Alexander Munro, -Professor of Anatomy in the University of Edinburgh, to be by him -publicly dissected and anatomized, in terms of the said act, and ordain -all his moveable goods and gear to be escheat and inbrought to His -Majesty’s use, which is pronounced for doom.</p> - -<table summary="signed"> - <tr> - <td></td> - <td class="cht">(Signed)</td> - <td class="smcap">D. Boyle,</td> - </tr> - - <tr> - <td></td> - <td></td> - <td class="smcap">A. Maconochie,</td> - </tr> - - <tr> - <td></td> - <td></td> - <td class="smcap">J. H. Mackenzie.</td> - </tr> -</table> - -<p>Counsel for the Crown, the <span class="smcap">Lord Advocate, Robert Dundas</span>, Esq., -<span class="smcap">Archibald Alison</span>, Esq., and <span class="smcap">Alexander Wood</span>, Esq., -Advocate Deputies, <span class="smcap">James Tytler</span>, Esq., Crown Agent.</p> - -<p>Counsel for Burke, Sir <span class="smcap">James W. Moncrieff</span>, Bart., Dean -of Faculty, <span class="smcap">Patrick Robertson</span>, <span class="smcap">Mark Napier</span>, and -<span class="smcap">David Milne</span>, Esqrs.</p> - -<p>Counsel for M‘Dougal, <span class="smcap">Henry Cockburn</span>, <span class="smcap">Duncan M‘Neil</span>, -<span class="smcap">Hugh Bruce</span>, and <span class="smcap">George Patton</span>, Esqrs.</p> - -<p>Agent for both pannels, <span class="smcap">James Beveridge</span>, Esq. W. S. one of the -agents for the poor.</p> - -<p>We understand that the learned counsel above named, all very handsomely -gave their services to the prisoners gratuitously.</p> - -<hr class="tb" /> - -<p>Having thus given a faithful account of the judicial proceedings -in this important trial, it will not, we trust, be an unacceptable -supplement if we subjoin some particulars connected with it, which -might indeed have been interwoven in the progress of the foregoing -report, but which would have only incumbered the technical details that -are, of course, most <span class="pagenum" id="Page_97">[7]</span>interesting. To these particulars we may add -such other facts connected with the nefarious system of murder which -had been organized among us as have transpired since the trial; and -in an affair which has excited the most extraordinary sensation ever -perhaps known in Scotland, in reference to crimes of a private nature, -it seems desirable not only to give a complete and connected account of -them, but to collect and embody along with it, in a single record, the -various expressions of public feeling, as these have come forth through -the press in all parts of the country.</p> - -<hr class="tb" /> - -<p>From the whole evidence there appears scarce the shadow of a doubt -that Helen M‘Dougal was equally involved with the other in this scheme -of systematic murder. She did not put forth her hands because this -was not the part which she was best fitted to perform; but that she -was privy to what was about to take place is clearly made out, by her -reluctance to part with the woman Campbell, evidently from the fear -of losing her prey; and that she was an accessary after appears from -what she said to the Grays, that if they would conceal what they saw, -it would be worth to them L.10 a week. This is proved by the testimony -of those witnesses, which is above all challenge. That it should have -been necessary to set at liberty a wretch of this description, stained -with such foul crimes, to begin anew her career of iniquity, cannot be -sufficiently regretted.</p> - - <div class="figcenter" id="i_b_097fp"> - <img - class="p2" - src="images/i_b_097fp.jpg" - alt="" /> - <p class="center">HELEN M‘DOUGAL</p> - <p class="center">as she appeared at the Bar,<br /> - taken in Court</p> - <p class="center"><i>Published by Thomas Ireland Jun<sup>r</sup>, Edin<sup>r</sup>.</i></p> - </div> - -<p>We may mention also as a singular instance of the obliquity of the -human understanding, or at least of the effect produced upon some -by the Dean of Faculty’s powerful speech for Burke, that two of the -Jury by whom he was tried were of opinion that the Prosecutor had not -made out<span class="pagenum" id="Page_98">[98]</span> his case against that unhappy man, and consequently were -for returning a verdict of Not Proven in his case as well as that of -M‘Dougal. No one who attended to the evidence as it was led, or who has -examined it since, has been able to discover upon what ground such a -verdict was returned even in the case of the female pannel; but had the -opinion of these two gentlemen prevailed, and the charges against Burke -been found not proven, Justice might have thrown away her balance and -broken her sword, and the Prosecutor might well have despaired of ever -again obtaining a verdict upon a charge of murder. Happily nothing so -utterly monstrous as this occurred. Justice has received one victim, -but she will not be satisfied with this solitary sacrifice. Others -yet remain to be claimed, whose hands are dyed in blood, and whose -criminality is not either in law or in morality inferior to that of the -unhappy man whose days are numbered, and who is doomed to expiate his -manifold crimes on the scaffold.</p> - -<p>The intense sensation which has been excited among all classes by this -extraordinary case, far exceeds what we have ever witnessed on any -former occasion. The story, when it was first rumoured, created the -deepest agitation. But it was treated by many as an idle tale, framed -to feed the vulgar appetite for the marvellous, and too horrible to be -believed. Nor need we wonder that the most credulous should have been -startled by the recital of such atrocious cruelty, which far surpasses -any thing that is usually found in the records of crime. The offence of -murder, dreadful as it is, is unhappily too familiar in our criminal -proceedings; but such an artfully contrived and deliberate scheme, -such a systematic traffic in blood, was certainly never before heard -of in this country. It is a new passage in our domestic history; it is -entirely out of the ordinary range of iniquity;<span class="pagenum" id="Page_99">[99]</span> and stands by itself, -a solitary monument of villany, such as would almost seem to mark an -extinction in the heart of all those social sympathies which bind man -to his fellow-men, and even of that light of conscience which awes the -most hardened, by the fear of final retribution. In works of fiction, -no doubt, where the writer, to produce effect, borrows the aid of his -imagination, we have accounts of such deeds, perpetrated, perhaps, in -the secret chambers of some secluded castle, or in the deep recesses of -some lone and sequestered haunt. But the striking and awful peculiarity -of the present case is, that we have laid open, not in the high-wrought -scenes of romance, but in the sober records of judicial inquiry, a -den of murderers in the very bosom of civilized society, in the heart -of our populous city, amid the haunts of business and the bustle of -ordinary life, who have been, if we may so speak, living on their -fellow-creatures as their natural prey. Words would fail to convey an -idea of the sensation that was excited in the Court as in the progress -of the trial the horrid details of this conspiracy were gradually -unfolded; the craft by which the unhappy woman was lured to her -destruction; the artful preparations for the bloody tragedy; and the -cool decision and ferocity with which, when the fitting time was come, -the murderer sprung upon his victim and extinguished life in a few -moments. At every new view of this unhappy story, it assumes a deeper -dye. What a fearful character does it present of cunning and violence, -the true ingredients of villany! From first to last we see the same -master spirit of iniquity at work to contrive and to execute. We see -no doubt, no wavering, no compunctious visitings of the conscience, -nor any soft relenting; but a stern deliberation of purpose, that is -truly diabolical; and it is fearful to reflect, that a person capable -of such crimes should have been so long haunting our streets, mixing in -society, and coolly selecting subjects for his sanguinary trade.</p> - -<p><span class="pagenum" id="Page_100">[100]</span></p> - -<p>Among the other peculiarities of the present case, we may remark, that -such acts of savage atrocity are rather out of place in so civilized -a community as that in which we live. They are not in unison with the -moral tone of society. Crimes of violence are the natural product of -barbarism. They grow up to frightful maturity in that congenial soil; -and all savage communities are accordingly distinguished by cruelty, -and the most profligate indifference to human life. As mankind improve, -and as knowledge is diffused, those crimes disappear, and are succeeded -by others sufficiently odious, no doubt, but still of a less atrocious -nature. The same process by which we cultivate the intellectual -faculties would seem also to open the heart to more humane sentiments -and to more kindly feelings. But however we may improve society and -diffuse instruction, there is still a vast expanse of ignorance, -poverty, and vice, which we may lessen by active efforts, but which we -cannot altogether remove, and it is in this intellectual desert, if -we may so speak, where nothing that is humane, enlightened, or moral, -ever springs up to refresh the eye, that crimes are produced. Under -the influence of ignorance all the best affections of the human heart -wither and lie dead; and it is chiefly from those who are within its -sphere, that the ranks of crime are recruited; and that, occasionally, -such wretches arise as Burke or Hare, or their female associates, who -distance all competitors in iniquity, and shock the feelings of the -age by their enormous crimes. It will generally be found that these -criminals are not only wicked and immoral, but that they are uneducated -and grossly ignorant; living, no doubt, in a civilized community, and -with certain habits of civilization that they cannot avoid, but still -in respect to mental cultivation, scarcely, if at all, raised above the -level of savages. Hence the vast importance to society of spreading -knowledge, of bringing all ranks under some process of mental<span class="pagenum" id="Page_101">[101]</span> tuition, -and of establishing schools where instruction and morality, for they -go together, are retailed at a cheap rate. It is only in this way that -we can ensure the decrease of crimes; and more especially of such -atrocious crimes as have been recently perpetrated.</p> - -<p>In the course of this trial, some allusion was made to the interests -of science, to which, in the impressive address of Lord Meadowbank, -previous to passing sentence, there is a conclusive reply, and we would -only remark, that the more this subject is agitated, the greater will -be the prejudice excited; nor can any law be made that would be of -the least service. The subject, involving as it does so many critical -considerations, is far too delicate to be touched by act of Parliament; -besides, that the popular ferment, that would thereby be raised, -would multiply the present difficulties tenfold. We cannot possibly -comprehend how Parliament could interfere in this matter, or how any -act could be framed to make that legal which is at present illegal. -Science, in short, may be injured, but it cannot possibly be benefited -by any public agitation of the subject.</p> - -<hr class="tb" /> - -<p>During the whole course of the trial Burke maintained the most -perfect self-possession and tranquillity, even when some parts of the -evidence that made others shudder came out against him. He conversed -occasionally with M‘Dougal, and more than once we saw him smile at such -parts of the testimonies as probably appeared to him not to be “the -whole truth.”</p> - -<p>In the course of his trial we understand that Burke, about four -o’clock, asked when he would get dinner, and<span class="pagenum" id="Page_102">[102]</span> being informed it would -be about six, he begged that he might have a biscuit or two, as he -would lose his appetite before that time. Both pannels ate bread and -soup heartily; and although they displayed no external marks of inward -emotion, they frequently, especially the woman, took copious draughts -of water.</p> - -<p>Before the jury retired, and during the time they were enclosed, Burke -endeavoured to prepare the mind of M‘Dougal for her fate, as, from -the address of the Lord Justice Clerk, he supposed she would be found -guilty; in the view of which he gave her directions how she should -conduct herself, desiring her to look at and observe him when the Lord -Justice Clerk was pronouncing sentence. When the jury returned with -their verdict, they mentioned first that they found the libel against -M‘Dougal Not Proven. He was immediately heard coolly to exclaim, -“Nelly, you are out of the scrape.” After the Lord Justice Clerk’s -address to him he was very anxious that permission should be given to -M‘Dougal to remain a day or two in the Lock-up-house, for her personal -protection.</p> - -<p>The advocates for the Crown and the pannels spoke in their addresses -to the jury nearly six hours; and, altogether, the trial was one of -the most interesting we ever witnessed, by the horrors which the -investigation disclosed, by the intense interest which pervaded the -whole assemblage, and by the picturesque and singular appearance of -the scene. This was not a little heightened by the expedient to which -the greater part of the audience were obliged to resort for self -preservation against the inclemency of the weather. By orders from the -Court a large window was thrown open as far as it could be done, and a -current of cold damp air beat, for twenty-four hours, upon the heads -of the<span class="pagenum" id="Page_103">[103]</span> whole audience. How far this was necessary or considerate we -presume not to say; and we trust no fatal consequences will ensue; but -we must be permitted to express a hope that some plan will be adopted -for preventing a repetition of a similar occurrence—such an occurrence -as last winter, on Mrs. Smith’s trial, endangered the life of one of -our most valuable and esteemed advocates. In the present instance, the -greater part of the audience being Advocates and Writers to the Signet -in their gowns, these were wrapped round their heads, and, intermingled -with various coloured handkerchiefs in every shade and form of drapery, -which gave to the visages that were inshrouded under them, such a -grim and grisly aspect as assimilated them to a college of monks or -inquisitors, or characters imagined in tales of romance,—grouped and -contrasted most fantastically with the costume of the bench and crowded -bar engaged in the trial.</p> - -<p>The personal appearance of Burke and M‘Dougal has been already -mentioned; and that of Hare has also been described in terms -sufficiently glowing by the Counsel for M‘Dougal. Hare is indeed one -of the most squalid-looking wretches we have ever seen; and when he -gave his evidence, he had a sinister expression in his look which -made his presence peculiarly revolting. After being warned not to -answer any questions which might criminate himself, except with -regard to the murder of Docherty, instead of answering Mr. Cockburn’s -interrogatories, he repeatedly gave a silent diabolical nod with his -head; and on his way from the witness-box to the Lock-up-house in -the custody of the macer, he had a look of evident satisfaction in -his imagined escape; and he even chatted and conducted himself with -the most hardened levity. He repeatedly, when giving his evidence, -distinguished Docherty by the contemptuous appellation of “the old -wife.” His appearance betokens the<span class="pagenum" id="Page_104">[104]</span> greatest effrontery, while -it is altogether that of a low blackguard; and all his demeanour -fully justifies Mr. Cockburn’s account of him as an embodiment of -“penury and profligacy.” His wife is a short, stout, round-faced and -fresh-complexioned personage, but withal has a look of coarse and -determined brutality, fitting her to be a suitable consort to such -a mate. From their demeanour and aspect it is perhaps less to be -marvelled at that some of the jury, led away also by the eloquence of -the Dean of Faculty and Mr. Cockburn, should have been unwilling to -convict even Burke on the testimony of such wretches to whom falsehood -seemed more familiar than truth.</p> - -<p>The honest Irishman Gray, and his wife, to whom alone the public are -indebted for the disclosure of this base murder, and the exposure -of the gang of miscreants engaged in this trade of blood, forms an -interesting contrast to the party with whom their miseries made them -for a time bed-fellows. And when it is known, that in addition to the -temptation for concealment which their poverty and the promised reward -for secrecy supplied, there was the additional one of screening a near -relation, their honesty assumes a higher character. Hitherto they have -not met with the applause nor the reward to which their integrity -and valuable services entitle them. They both gave their testimony -with a clearness and precision, and in a manner which bespoke a clear -conscience, and no one could see and hear them without sympathising -sincerely with these poor but honest people, whose destitution -subjected them and their child to repose on the bloody bed of straw, -on which perhaps they were destined, at no distant period, to have -perished, if they had not been providentially the means of bringing -those hidden deeds to light. It has been well observed, that the -fiendish gang gave a powerful though unwilling testimony to<span class="pagenum" id="Page_105">[105]</span> their -uncorrupted honesty when they found it necessary to put them out of the -way until their deeds of darkness were perpetrated.<a id="FNanchor_2" href="#Footnote_2" class="fnanchor">[2]</a></p> - -<hr class="tb" /> - -<p>Blame has sometimes been cast upon the periodical press for raising a -popular excitement by exaggerated statements. In this case, no such -charge could be made. The press, up to the time of the trial, remained -nearly silent, and the dreadful and revolting crimes then divulged -were beyond the conceptions almost of the most fertile imagination. -Popular feeling was however excited; and the interest universally -expressed, has seldom been equalled in intensity. At an early hour -in the morning, the avenues to the Court were crowded; judicious -arrangements had been made for the jurymen, witnesses, and those who -were concerned, procuring admittance by private entrances; and due -precautions used to prevent a rush and inconvenient crowding into the -Court. Still, however, the court-room, which is small, was excessively -crowded; and although very few were suffered to pass the cordons of -policemen, who guarded the approaches, it continued in this state -till the result was known. The usual good nature and sympathy towards -a criminal were laid aside in this instance, and a universal desire -seemed to pervade all classes, that both pannels should be convicted, -and a regret that Hare also and his guilty partner could not share the -same fate. All day, the<span class="pagenum" id="Page_106">[106]</span> streets in the neighbourhood of the Parliament -Square were thronged by anxious groupes, who eagerly questioned those -proceeding from the Court as to the progress of the trial, and their -reports speedily found their way to the remotest parts of the city. -The imperfect rumours of the objection made to the relevancy of the -indictment, and the subsequent account of its being confined to one -charge, seemed to create a fear that the criminals were about to -elude the grasp of the law on some technical grounds. Had such been -the case, a popular tumult from the reckless, unthinking part of the -assemblage appeared an inevitable consequence. Towards the evening, the -numbers increased; and about nine o’clock, a gang of blackguard men -and boys proceeded to Dr. Knox’s class-room, in Surgeons’ Square, for -the purpose of destruction. By this time the high constables, and the -other bodies of constables, joined to the ordinary police force, were -in readiness, and the steady front that was exhibited quickly induced -the assailants to withdraw. Some of the mob proceeded to the college, -and broke a few panes of glass in the windows of Dr. Monro’s class-room -and the neighbouring rooms; but the arrival of a party of constables -and policemen speedily stopped their proceedings here also. During -part of the night, the concourse continued; but as the inclemency of -the weather continued, and the night advanced, without bringing a -prospect of a speedy conclusion, the people gradually dispersed. The -hour to which the proceedings were protracted, allowed time for them to -reassemble next morning, and with renewed patience wait the conclusion. -Hasty inquiries about the result were made by those citizens who had -spent the night comfortably in bed, and were now proceeding to their -places of business, of those coming from the direction of the Court, -and whose jaded and pale appearance betokened that they had either -been employed in some capacity, or had been so fortunate<span class="pagenum" id="Page_107">[107]</span> as to obtain -a hearing of the interesting proceeding at the expense of a night’s -rest. The citizens of Edinburgh are by no means blood-thirsty, and, -on ordinary occasions, would rejoice to learn that a fellow-being had -escaped the fearful death that the law adjudges to great criminals; but -in this case there was expressed a universal feeling of satisfaction, -and if at all alloyed, it was by the knowledge that the woman, who was -considered equally guilty, should not have been equally punished. It -seemed as if the enormity of their offences had stopped the channels of -pity, and an unanimous requisition for vengeance was made by a whole -population.</p> - -<p>The offices of the newspapers published on that day were beset by eager -purchasers, and the presses kept constantly at work could scarcely -supply the unceasing demand. It has been computed, that eight thousand -copies, in addition to their ordinary circulation, were sold in one -week by the Edinburgh newspapers alone.</p> - -<p>A general outcry has been raised for the blood of the miscreant Hare, -and if he, who is believed to have been the author and principal -actor in so many murders, be suffered to escape, it will be to the -disappointment of the public; every confidence, is, however, felt in -the Lord Advocate. He, it is understood, is still actively prosecuting -his inquiries, and as long as the ruffian and his wife are detained -in custody, hopes are cherished that it is with a view of putting -them upon their trial. Discussions have taken place as to the policy -and legality of such a course, some of which will be found in the -subsequent parts of this work. It is not our part to decide upon the -question, but apparently nothing will allay the public ferment until -either a resolution to sift the matter regarding them to the bottom be -promulgated, or some official annunciation of its impracticability be -made public.</p> - -<p><span class="pagenum" id="Page_108">[108]</span></p> - -<h2 class="nobreak sm">CONDUCT IN LOCK-UP-HOUSE.</h2> - - -<p>After the trial, Burke and M‘Dougal were removed to the Lock-up-house; -Hare and his wife followed, and were lodged in different apartments. -Burke had hardly been seated, when looking round, he said to the -officers who had him in charge, “this is a —— cold place you have -brought me till.” The officers had been long inured to moral turpitude, -to bacchanalian frenzy, and wickedness of every description; but lying, -as he then was, under sentence of an ignominious death, for a crime of -unparalleled atrocity, his unseemly levity struck them with horror, -and one of them rebuked him sharply for his conduct. Burke stated, -that from the moment he heard that Hare had been admitted an evidence, -he was aware that escape was impossible, and he was prepared for the -worst. It was stated to him, that as he had for some time lived a -life of unexampled wickedness, a fair confession of his crimes, and -an accurate account of his life, might be read with interest, and be -of service to mankind; he replied that he would make no confession -whatever till he had consulted his priest on the subject. He stated, -that he considered Hare was the most guilty of the two; for, said he, -“he murdered the first woman, he persuaded me to join him, and now he -has murdered me, and I will regret to the last hour of my existence -that he did not share the same fate.” One of the officers stated, in -Burke’s hearing, “I think I could never wish to see that man forgiven -who could murder that poor harmless good-natured idiot, Daft Jamie.” -Here the wretched man stared intently on the officer, and replied with -peculiar emphasis, “My days are numbered—I am soon to die by the hands -of man—I have no more to fear, and can now have no interest in telling -a lie, and I declare that<span class="pagenum" id="Page_109">[109]</span> I am as innocent of Daft Jamie’s blood as -you are. He was taken into Hare’s house, and murdered by him and his -wife; to be sure I was guilty in so far, for I assisted to carry the -body to ——, and got a share of the money.”</p> - -<p>He stated, in answer to direct questions of course, that it was the -general plan to look after poor and wretched strangers, who were not -likely to be inquired after by any person of consequence; but promptly -refused to state, till he had consulted his priest, whether or not he -had been concerned in any other murders than those with which he was -charged in the indictment, or whether he was in the practice of going -to the country for the purpose of enticing poor wanderers to his house. -He gave rather a different account of the mode in which he put the poor -woman Campbell to death, from that given by his accomplice Hare. He -stated, that after the sham fight was over, she was thrown down on her -back; that Hare seized her by the legs; that he forced the mouth of a -bottle into her throat, and poured down whisky till she was choaked -or nearly so, and that he himself then sat down upon her, stopping -up her nose and mouth so completely that she died in a few minutes. -About three o’clock, he inquired if he might be permitted to offer up -a short prayer; his request was instantly granted, and the unhappy -man prayed with great fervour for a few minutes. In the course of his -prayer, he implored forgiveness for the wicked life he had led, and -more especially for the great crime for which he was about to suffer -on the gibbet. He also entreated that his wretched partner in guilt -might be brought to a full sense of the crimes of which she had been -guilty,—that she might repent, and atone, as far as it was in her -power to do so in this world, by a life of quietness, piety, and honest -industry. At his request, the officer read about half a dozen chapters -of the Scriptures, to which<span class="pagenum" id="Page_110">[110]</span> he paid great attention, occasionally -saying, “That passage touches keenly on my crimes.” When preparations -were making for his removal to the jail on the Calton-hill, he -requested the officers to visit him in the prison. On being informed -that there would be no admittance to him, he said, “Well, well, though -I should never see you again, you will see me on the 28th January, at -the head of Libberton’s Wynd. I have now only five weeks to live, and -I will not weary greatly for that day.” While in the Lock-up-house, he -expressed the greatest dread of the heavy irons in the condemned cell. -On reaching the jail, however, he was secured in the usual way, and -every possible precaution will be used lest he should in some degree -defeat the ends of justice by suicide, and add self-destruction to the -appalling list of murders to which he has been accessary. No person -has since been permitted to hold any conversation with him, except -his spiritual instructors. Though he has been brought up in the Roman -Catholic faith, and has intimated his resolution to die a member of -the church, in a belief of whose principles he has been educated, he -receives the visits of the Rev. Messrs. Porteous and Marshall, with -the same pleasure he does those of the Rev. Gentlemen of his own -persuasion. He pays due attention to their exhortations—reads the -Bible or some religious book constantly in their absence, and is making -every preparation for the great and awful change which he must soon -undergo.</p> - -<hr class="tb" /> - -<p>The woman M‘Dougal, upon her release from the Lock-up-House, in which -she had been detained for two days for her personal protection, had the -audacity or folly to proceed to her old haunts in the West Port, and -even to venture to the street. She was quickly<span class="pagenum" id="Page_111">[111]</span> recognised, and a mob -collecting, was in danger of being roughly handled. Fortunately for -her, the proximity of the place to the police watch-office, enabled -protection to be immediately afforded, and with some difficulty she -was conveyed to the watch-house. The mob increased to a somewhat -alarming size for the slender force that was stationed there, and the -officers had to resort to an expedient to prevent an assault. A ladder -was placed at a back window, by which it was pretended that she had -descended; this induced the populace to depart, when she was escorted -to the head office. Since then she has been several times exposed to -similar danger, and as often rescued by the police officers. Finding -the lower classes too much exasperated to allow her to live in safety -in Edinburgh, she left it, and proceeded to the village of Redding in -Stirlingshire, where her father is now settled. It is said that she -has since left that village, and is living in Glasgow with Constantine -Burke.</p> - -<p>On Sunday, after her confinement in the Lock-up as formerly detailed, -this wretched woman related a horrible, but a plausible story, to one -of the subalterns of authority. She stated, that one night Burke and -Hare were carousing in one of the apartments of Hare’s human shambles, -on the profit of a recent murder. In the midst of their unhallowed -orgies, Hare raised his hand, and in a fit of fiendish exultation, -stated that they could never want money, for, when they were at a loss -for “a shot,” (a body for dissection,) they would murder and sell, -first one and then the other of their own wives. Being in the adjoining -apartment, the females overheard, and were petrified by this horrible -resolution, as they had every reason to be assured that the monsters -would certainly carry it into effect. A discussion of some length -ensued, and Hare finally succeeded in persuading Burke to consent,<span class="pagenum" id="Page_112">[112]</span> -that when the dreaded emergency did arrive, M‘Dougal should be the -first victim. Hence, this woman may be supposed to have run as imminent -a risk of a violent death by the hands of her inhuman husband, as she -did of an ignominious end on the gallows.</p> - -<hr class="tb" /> - -<h2 class="nobreak sm">ANOTHER ACCOUNT.</h2> - - -<p>When Burke was removed from the Court-room to the Lock-up house, he was -considerably agitated, and throwing himself upon his knees, addressed -a prayer to God, whom he had so grievously offended. During the rest -of the day he was composed, and even spoke cheerfully to the policeman -who had the charge of him. He expressed his joy at the acquittal of -M‘Dougal. He also said that the Irishwoman was murdered, not by him, -but by Hare, in the manner described in Hare’s testimony; but admitted -that, during the shocking operation he held her hands. He confessed -that he had participated in many more murders than those he had been -indicted for; and said, that after his mind was composed, he would -make disclosures which would implicate several others besides Hare and -his wife, in the same crimes as those for which he was doomed to die. -He was asked how did he feel when he was pursuing his most horrible -avocation? He replied, that in his waking moments he had no feeling, -but that when he slept he had frightful dreams, which previously he had -been unaccustomed to. The fact is, that when awake, by means of ardent -spirits, he steeped his senses in forgetfulness; and his excessive use -of spirits accounts for his absolute penury at the time of his being -apprehended. He expressed a wish that one of his Counsel, whom he -mentioned, would call upon him, that<span class="pagenum" id="Page_113">[113]</span> he might furnish him with notes -of his life and adventures, as he was desirous to have his history -published. At night he had short fits of sleep, during which he raved, -but his expressions were inarticulate, and he grinded his teeth in the -most fearful manner. Whenever he awoke he was in a frantic state, but -always recovered his composure; and in the course of the evening he -read two chapters of the Bible. At two o’clock on Friday morning he was -removed in a coach to the Calton Hill Jail, and put upon the gad.</p> - -<hr class="tb" /> - -<h2 class="nobreak sm">CONDUCT IN JAIL.</h2> - - -<p>Burke since he went to Jail has been remarkably composed and devout. -He has observed that he is by no means a bigot in religion; that -besides Popish churches, he had, when a soldier, attended Presbyterian, -Episcopalian, and Methodist ones, with the peculiar tenets of all which -he appears to be perfectly conversant. He says that he has received -instruction from good men of every faith; and that “real repentance and -a strong belief,” are sufficient to ensure salvation.</p> - -<p>He mentioned at first that he would wish to have a clergyman to attend -him; and upon being asked of what persuasion he would like him to be, -expressed indifference upon that point, but wished only one who would -point out the way to salvation. He received the visits of the Reverend -Mr. Marshall, minister of the Tolbooth Church, with whose ministrations -he expressed himself much satisfied, and of the Reverend Mr. Porteous, -chaplain of the Jail. One day Mr. Marshall, and the Reverend Mr. -Stuart, Catholic priest, called to see him; and upon being asked<span class="pagenum" id="Page_114">[114]</span> which -he would wish to converse with, he replied that he would have both; he -has also received visits from the Reverend Bishop Paterson, and the -Reverend Mr. Reid, Catholic priests; latterly, since the visits of -clergymen of his own persuasion, he has declined those of Mr. Marshall, -and they have consequently been discontinued. Whether it be that the -horrors of his wretched death have been mitigated in the contemplation -by the familiarity with it, which time must produce after the first -shuddering sensations have passed away and left a comparatively -apathetic calmness, certain it is, that he now displays less concern -about the sin than he did during the first few days; he is penitent -because his crimes have been detected and punishment awarded; but were -not this the case, in all probability he would think little of the -heinousness of the offences.</p> - -<p>He continues to be particularly anxious that his associate Hare should -be brought to trial, and receive the punishment he merits for his -misdeeds, but asserts that it is not from any vindictive or revengeful -feeling that he cherishes towards him, but from motives of humanity. -When conversing lately upon the subject, he stated his perfect -conviction, that if Hare should again be let loose upon society, he -would recommence his murderous career when he wanted money; at the same -time he declared that he was afraid the spirits of his future victims -would reproach him in the regions of bliss, for not having taken means -to get Hare executed, and thereby preventing their violent and untimely -deaths.</p> - -<p>A day or two after conviction he sent his watch and what money he -possessed to M‘Dougal; and when informed that his mission was executed, -expressed satisfaction, and observed, “poor thing it is all I have to -give her, it will be<span class="pagenum" id="Page_115">[115]</span> of some use to her, and I will not need it.” He -speaks in terms of great affection towards her, and anticipates that -she will be allowed to have an interview with him before he suffers.</p> - -<p>He is free and communicative to those who are necessarily about him, -though strangers coming from motives of curiosity are excluded. Had -liberty been afforded to the turnkeys to admit those who came, they -might have cleared a handsome sum: so much as two guineas has been -offered for admittance. He is watched day and night: and throughout -the night it is ascertained every half hour that the watchman does not -slumber at his post. Any thing by which self-destruction could possibly -be effected is sedulously kept out of his way.</p> - -<p>He is afflicted with a cancer which has been incorrectly stated to -have been produced by a bite from Daft Jamie. It is of long standing, -and distresses him much, and would, in all probability, have ended his -days at no distant period, if he had escaped the gallows; and there is -little doubt that Hare would have had no compunction in transferring -his comrade’s body to the dissecting-rooms, as well as those he had -so frequently trafficked in. This sore keeps him in great pain, and -along with some of the adjuncts of prison fare and treatment, tends -to divert his mind from his spiritual state to his bodily discomfort. -The condemned cell, as he observed, is but a comfortless place, cold -and cheerless and dreary, where hope, at least in such a case as his, -never enters to enliven it; chained in such a place to the gad—much -confinement to bed is necessary to produce a little warmth, especially -at this season; while coarse bread and cold water are but unpalatable -food for one who was accustomed to spend his profligate gains in -debauchery<span class="pagenum" id="Page_116">[116]</span> and drunkenness. The very deprivation of ardent spirits -must be felt as an intolerable grievance, and while it is properly -withheld, food, that could in some degree supply the craving for -stimulants that such a long course of indulgence cannot fail to have -produced, might surely be afforded. It is not from any notion that his -appetite should be pampered that we mention this, but from a desire -that a man in his awful situation, standing on the brink of eternity, -and to whom a few calm days may be of eternal import, should not have -his mind distracted by any needless bodily mortifications. The law in -this part of the island humanely allows a period for the purpose of -giving an opportunity of repentance to the criminal, and time to make -up his peace with God, while it at the same time annexes conditions -which in some degree renders the indulgence nugatory for the purpose. -The statute is a British one, and probably the legislators did not -contemplate that an interval of six weeks should be spent upon this -hard regimen.</p> - -<p>Captain Rose, the Governor of the Jail, does all that humanity dictates -to alleviate his situation.</p> - -<hr class="tb" /> - -<h2 class="nobreak sm">HARE’S BEHAVIOUR.</h2> - - -<p>When the officers were removing Hare from the Courthouse to the -Calton-hill jail, he is reported, to the horror even of those men -accustomed to vice in its most hardened and depraved forms, to have -been seized with a fit of diabolical glee at his fancied escape from -justice. There is something awfully appalling in the merriment of a -being who a few minutes before, had, to save himself from a merited -fate on the gallows, by his testimony consigned his guilty partner -to an ignominious death,—the comrade too<span class="pagenum" id="Page_117">[117]</span> whom he had lured to the -commission of the crimes, and instructed in the manner of executing -them. It might even have been supposed, that the recollection of the -appearance he made in the witness’ box, when he could only escape from -the avowal of numberless murders, by skulking under the privilege of -his situation, would have prevented his unseasonable mirth. His wife -and he have since been kept in confinement, and inquiries have been -instituted, apparently for the purpose of attempting to prove some of -the numerous charges of murders alleged against him, which, although -unauthenticated and unproved, have assumed such a shape as to be worthy -of official investigation.</p> - -<p>Stories have been sent abroad of his anxiety to shun the public -gaze, and muffling himself under the bed-clothes when visited by the -authorities. Usually, however, he shows no such indisposition to -publicity; but amuses himself in the airing ground attached to the -ward, along with the other prisoners confined in it, and exhibits no -disinclination to be looked at. He has the appearance of the greatest -effrontery; and whether from design or apathy, appears unconscious of -his being remarkable, or that there is any thing about him that could -satisfy curiosity. He is generally disliked by the prisoners, who, -whatever may be their crimes, naturally share in the universal aversion -that causes any person, preserving even a small portion of the ordinary -feelings of humanity, to shrink from contact with a deep-dyed murderer. -Joined to the horror of such companionship, another means of annoyance -accompanies Hare; the ward is the greatest object of attraction to the -numerous visitors to the jail, and a groupe is generally waiting his -appearance; the other prisoners are thus either prevented from taking -their usual exercise, or subjected to the gaze of the assemblage. To -obviate this as much as possible, they are in the custom of<span class="pagenum" id="Page_118">[118]</span> shoving -Hare forward, and forcing him to satisfy the public curiosity, and thus -rid them of the annoyance for a season.</p> - -<hr class="tb" /> - -<p>It gives us no small pleasure to be able to inform the public, that the -Lord Advocate has caused inquiries respecting these atrocious murders -to be resumed with renovated zeal and activity; and it is said that -Mr. Peel, Secretary of State for the Home Department, has communicated -with his Lordship, requesting that the matter should undergo a complete -investigation. On one day no less than seven individuals, including -four resurrectionists, and three persons who were in the habit of -frequenting Hare’s house, were examined; the different anatomical -lecturers and various medical gentlemen have likewise been examined. -We may also mention that one of the macers of the High Court of -Justiciary has apprehended a woman in Glasgow, who had been servant to -Hare, and there are no slight grounds to hope, that she and the others -will unfold a tale of horror, which will cause a jury to consign that -acknowledged murderer to the ignominious death he deserves. He is -beginning to get remarkably uneasy in his confinement; and his anxious -inquiries at the turnkeys in the jail, the decline of his health, and -the dogged silence he maintains, evince that he is labouring, as he -well may, under the most serious apprehension.</p> - -<p>Public clamour is also loud against him and his wife; and every one is -anxious, if it were at all possible, that criminal proceedings should -be commenced against them. We have no doubt, however, that those who -have so successfully investigated and brought to light those foul -proceedings will anxiously deliberate, and firmly resolve, on what is -best<span class="pagenum" id="Page_119">[119]</span> to be done. They have before them all the evidence, and to their -sound discretion the whole matter may be safely left.</p> - -<p>It is stated upon good authority, that measures have been taken, with -the sanction and by the authority of the nearest kindred of James -Wilson, commonly called “Daft Jamie,” for investigating into the cause -and manner of his death, and, if possible, bringing those concerned in -his alleged murder to punishment. For this purpose, an able and active -agent has been employed, and Mr. Jeffrey, we understand, is already -retained as senior counsel for the intended prosecution, while other -eminent counsel have also been retained.</p> - -<p>The public at large are making anxious and universal inquiry after -Paterson. This man, instead of checking at once the course of murder, -and bringing the murderers to justice, encouraged the homicides and -profited by the horrid traffic. Had he procured only such bodies as -were indispensable for his employer’s hall, dire necessity might -have been urged as a slight palliation of his odious conduct, but he -enjoined the assassins to “procure as many subjects as they could,” -“asked no questions,” and it is beyond dispute, that he offered the -body of the woman Docherty to an eminent lecturer in town for L.15, -who spurned the proposal with merited indignation and contempt. It -was proved on Burke’s trial that he never paid more than L.10 for a -body, and had this gentleman accepted his offer, here was at once a -profit to Paterson of L.5. It will ever be regretted if no severer -punishment than universal reprobation and abhorrence overtake this -wholesale dealer in the bodies of his murdered fellow subjects. He has -not absconded, as has been reported, though discharged from Dr. Knox’s -service; he is still in Edinburgh.</p> - -<p><span class="pagenum" id="Page_120">[120]</span></p> - -<hr class="tb" /> - -<h2 class="nobreak sm">BURKE’S AND HARE’S HOUSES.</h2> - - -<p>Great numbers have been attracted to the habitations of Burke and -Hare, where the slaughters were carried on. Mr. Alston, the witness -on the trial, who has the key of Burke’s den, has been much annoyed -by the multitudes who have beset him for admission. He has somewhat -unusual punctilios against making profit by the transaction, and, not -unreasonably, is unwilling to be farther troubled. Indeed, little -damage could be done now though the doors of both houses were thrown -open, and the public freely admitted; the places are completely -dismantled, and only the bare walls remaining. The only danger to be -feared is, that the eagerness to procure reliques, which has been -so strangely manifested, should induce some individuals to break up -the doors and windows. Great anxiety has been shown to be possessed -of some article or other which belonged to the peerless criminals; -one man boasts that he has got Burke’s hammer; another that he has -obtained that invaluable article Hare’s whisky bottle; a third has had -the marvellous good fortune to secure Burke’s cane, while others have -actually carried off small pieces of wood, in order to be converted -into snuff-boxes, or some articles of fancy. Hare’s furniture, if -the trumpery sticks that decorated his walls and supplied the place -of furniture can be called such, has been safely deposited in an -adjacent cellar, which is securely padlocked, and all chance of a -curiosity-monger getting access to the precious store excluded. In the -late case of Corder, the rope that hanged the criminal was said to -have been sold at the rate of a guinea per inch, and if the Edinburgh -hangman be as well acquainted with the art of turning the penny as -his southern prototype, he may possibly contrive to supply as large a -demand as the taste of the public creates at the same rate, <span class="pagenum" id="Page_121">[121]</span>every -inch, of course, being a genuine part of the cord by which Burke was -suspended.</p> - - <div class="figcenter" id="i_b_120fp"> - <img - class="p2" - src="images/i_b_120fp.jpg" - alt="" /> - <p class="center">BURKE’S HOUSE FROM THE BACKCOURT.</p> - <p>A. Burke’s Window.</p> - <p>B. Back entrance where the Bodies were brought out.</p> - </div> - -<p class="p2">A sagacious personage, who is troubled with none of Mr. Alston’s -scruples, observing that Hare’s house was an object of great -attraction, rented it for a specific time, and shows it for a trifle -to the visitors. His speculation will probably be a profitable one, as -scores are frequently waiting their turn for admittance.</p> - -<p>Both places seem admirably adapted for the deeds of darkness that were -carried on in them; a happier choice could scarcely have been made, -although the occupation of them had been the result of design instead -of accident, as it certainly was in Burke’s case. Situated in the heart -of a swarming population, and the resort of every sort of vagrant, -they are still retired and apart from observation. In approaching -Burke’s you enter a respectable looking <i>land</i> from the street, -and proceed along a passage and then descend a stair, and turning to -the right a passage leads to the door, which is very near to Connaway’s -and almost directly opposite to Mrs. Law’s; a dark passage within the -door leads to the room; to this passage the women retreated while the -murder was committed. The room is small, and of an oblong form; the -miserable bed occupied nearly one end of it, (that next the door,) so -that the women must have almost stepped over the poor old woman, while -Burke was stifling her, when they went into the passage. For some days -after the trial, every thing remained in the position in which it -had been when they were arrested, and presented a disgusting picture -of squalid wretchedness; rags, and straw, mingled with implements of -shoemaking, and old shoes and boots, in such quantities as Burke’s -nominal profession of a cobbler<span class="pagenum" id="Page_122">[122]</span> could never account for. A pot full -of boiled potatoes was a prominent object. The bed was a coarse wooden -frame, without posts or curtains, and filled with old straw and rags. -At the foot of it and near the wall was the heap of straw under which -the woman Campbell’s body was concealed. The window looks into a small -court, closed in by a wall. At the top of the stair leading down to -the room is a back entrance from a piece of waste ground, across which -the body was conveyed by M‘Culloch. There are several outlets from it. -Nobody can, however, discover where the cellar is situated in which -it is said the subjects were concealed; they were apparently conveyed -direct from the shambles to the dissecting-rooms.</p> - -<p>Hare’s house is a little further west, in a dirty, low, wretched -close called Tanner’s Close, which also opens off the West Port, from -which it descends a few steps. It has likewise a back entrance, which -communicates with the waste ground behind Burke’s. It is a dwelling -of more pretension than Burke’s, being <i>self-contained</i> and -possessing three apartments. It is a one storey house, and though the -interior is liable to be observed by any passer-by from the close, -it is not immediately connected with other dwellings. It was, before -the trial, completely divested of furniture: when occupied, it was -fitted up as a lodging for beggars and other wanderers, and “beds -to let” invited vagrants to enter, frequently to their destruction. -The outer apartment is large, and was all round occupied by wretched -beds; one room opening from it is also large for such a place, and -was furnished in the same manner. So far from any concealment being -practised, the door generally stood open, and we have mentioned above -that the windows were overlooked by the passengers in the close; but -there is a small inner apartment or closet, the window of which looks -only upon a pig-stye and dead wall, into which it is asserted they were -accustomed to<span class="pagenum" id="Page_123">[123]</span> conduct their prey to be murdered. No surprise could -have been excited by cries of murder issuing from such a riotous and -disorderly house, but it was unlikely that any could reach the ear from -the interior den; and even though they had, the house might have borne -a fair semblance in front, while the murderous work went on behind. In -the inner apartment Burke used to work when a lodger in Hare’s, when he -did work, which was seldom.</p> - -<hr class="tb" /> - -<p>When we consider this most singular and atrocious conspiracy, and the -characters of the different actors in it, as we understand them to -be, it should seem as if they had each of them their allotted parts -in the bloody drama. Hare, as far as we can learn, is a rude ruffian, -with all the outward appearance of a ruffian; drunken, ferocious, and -profligate; and far likelier to repel than to ensnare any one by a -specious show, which he is quite incapable of assuming. He appears, -however, to have been the more deeply designing of the two; and to -have over-reached his associate, Burke, whom he succeeded in always -thrusting forward, with a view, we have no doubt, of turning short upon -him, as he has done at the last, and consigning him to the gallows, -when this should be necessary, in order to save himself. Burke was -indeed the only one of the two qualified to manage the out-door -business of the copartnery, and he it was, accordingly, who always -went out to prowl for victims, and to decoy them to their destruction. -In his outward manners he was entirely the reverse of Hare. He was, -as we learn from good authority, quiet in his demeanour; he was never -riotous; was never heard cursing and swearing; and even when he was -the worse of drink, he walked so quietly into his own house, that his -foot was<span class="pagenum" id="Page_124">[124]</span> scarcely heard in the passage. He was of a fawning address, -and was so well liked by the children in the neighbourhood, that each -was more ready than another to do his errands. The riots which often -occurred in the house, and in which Hare always bore a conspicuous -part, were, there is every reason to believe, got up on purpose, either -when they were in the act of committing murder, or that the neighbours -might not be alarmed at the noise which inevitably accompanied the -mortal struggle between them and the unhappy inmates whom they had -enticed into their dwelling.</p> - -<hr class="tb" /> - -<h2 class="nobreak sm">MURDER OF MARY PATERSON.</h2> - - -<p>The first murder which was charged against Burke, although it is -surmised that several had been committed before that time, is that of -the girl Paterson, who was about eighteen or twenty years of age. It -appears that this girl, with one of her associates, Janet Brown, had -been lodged in the Canongate Police Office on Tuesday night, the 8th -of April. They were kept till six o’clock next morning, when they went -to the house of one Swanston, to procure spirits. Here they were met, -for the first time, by Burke, who asked them to drink. He afterwards -prevailed on them to go with him to breakfast, and gave them two -bottles of spirits to carry along with them. They accompanied him to -Constantine Burke’s house, in the Canongate. This man was a scavenger, -and went out at his usual hour to his work. After they had been in -the house for some time, Burke and his wife began to quarrel and to -fight, which seems to have been the usual preliminary to mischief. In -the midst of this uproar,<span class="pagenum" id="Page_125">[125]</span> Hare, who had been sent for, and who was -a principal agent in this scene of villany, entered, and in the mean -time Janet Brown, agitated seemingly, and alarmed by the appearance of -violence, wished to leave the house, and to take her companion along -with her. By this time it was about ten o’clock on Wednesday morning, -and Paterson was asleep in one of the beds, totally unconscious of her -approaching fate. The other girl went out, and was absent about twenty -minutes. When she returned she asked for Paterson, and was told that -she had left the house. By this time she was murdered. She came back in -the afternoon in search of her, and received the same answer. Burke had -availed himself of the short interval of twenty minutes, during which -her companion Janet Brown was absent, to execute his horrid purpose -when she was asleep, by stopping her breath; and that very afternoon, -between five and six o’clock, her body was taken to the dissecting room -and disposed of for L.8. The appearance of this body, which was quite -fresh, which had not even begun to grow stiff, and of which the face -was settled and pleasant, without any expression of pain, awakened -suspicions, and Burke was strictly questioned as to where he procured -it. He easily framed some plausible excuse, that he had purchased it -from the house where she died, which silenced all further suspicion.</p> - -<hr class="tb" /> - -<h2 class="nobreak sm">JANET BROWN’S STATEMENT RELATIVE TO THE MURDER OF PATERSON.</h2> - - -<p>The following is the account of the circumstances connected with the -death of the unfortunate girl, Mary Paterson, who was murdered in -Constantine Burke’s house, in Gibb’s close Canongate, as given by -her companion, Janet<span class="pagenum" id="Page_126">[126]</span> Brown. Brown, though a girl of the town, seems -possessed of considerable intelligence, and tells her story with -distinctness and with every mark of apparent truth. She does not appear -disposed to exaggerate, but rather seems unaware of the inference that -may be drawn from some parts of the statement. This account has been -communicated by herself, and is taken down nearly in her own words.</p> - -<p>Mary Paterson and she, after leaving the Canongate watch-house, between -four and five o’clock in the morning on which the murder was committed, -proceeded to the house of an acquaintance, Mrs. Lawrie, where they had -formerly lodged. Mrs. Lawrie wished them to remain. They, however, -left the house in a very short time, and went to a spirit-dealer’s in -the Canongate, named Swanston. They had there a gill of whisky, and -while drinking it, they observed Burke, who, in company with Swanston, -was drinking rum and bitters. He entered into conversation with the -girls, and affected to be much taken with them, and three gills of rum -and bitters were drank at his expense. He wished them to accompany -him to his lodgings, which he said were in the neighbourhood, and -upon Brown expressing reluctance, was very urgent that she should -go, saying that he had a pension and could keep her handsomely, and -make her comfortable for life, and that he would stand between them -and harm from the people in the house. This particular attention to -her, she supposes to have been in consequence of finding her more -shy and backward than Paterson, who was always of a forward fearless -disposition. They consented to go along with him, and he promised them -breakfast when they reached the house. He purchased, before leaving -Swanston’s, two bottles of whisky, and gave one to each of the girls to -carry. He then conducted them to Constantine Burke’s house in Gibb’s -close. They found<span class="pagenum" id="Page_127">[127]</span> there Constantine and his wife; when they arrived -the fire was not lighted, and William Burke swore and abused the woman -for her negligence.</p> - -<p>The fire was afterwards lighted up, and breakfast, consisting of tea, -bread, eggs, and Finnan haddocks prepared; but during this process, -the two bottles of whisky were produced and partly drank by Burke, -Constantine, his wife, and the two girls. Constantine partook only of -part of it, having in the meantime left the house to his work as a -scavenger.</p> - -<p>Before the whisky was finished, however, Burke had requested Brown to -leave the house along with him. He seems to have considered Paterson as -already sufficiently intoxicated for his murderous purpose, and to have -applied himself more particularly to Brown, on whom the spirits had -not taken so much effect. Finding that the enormous quantity of whisky -had not yet produced the requisite effect upon her, he accompanied -her to a neighbouring public-house, where he proceeded further in his -design of stupifying her, by giving her two bottles of porter which he -also partook of, and a pie. All along, it is remarkable, that Burke, -although he seems never to have lost sight of his object, but to have -adopted every method to further it, should nevertheless have partaken -as freely of the liquors consumed as if he had no other intent than to -produce intoxication on himself as well as his intended victims, and -it appears surprising that such a quantity of ardent spirits, joined -to the porter, should not have disqualified him for carrying on the -plot. He has, since his conviction, mentioned that it had produced this -effect, and that he was intoxicated when the murder was committed.</p> - -<p>After leaving this public-house, Brown was again taken<span class="pagenum" id="Page_128">[128]</span> to -Constantine’s, and the second bottle of whisky finished. While engaged -on it, M‘Dougal, who had hitherto been unobserved, suddenly started -from a bed, and joined in drinking the spirits. When she appeared, -Constantine’s wife whispered to the girls that she was Burke’s wife, -and upon her upbraiding him for his conduct, Brown apologised for being -in his company, mentioning that they did not know him to be a married -man, otherwise they would not have come, and proposed then to leave -the house. M‘Dougal replied that she did not blame them, but that it -was his constant practice to desert her and spend his money upon loose -women. She requested them to sit still, and seemed anxious that they -should not go away. The quarrelling between Burke and her then got more -violent, and she took up the eggs which had been set down for breakfast -and threw them into the fire. Upon this Burke took up a dram glass and -flung it at her; it hit her forehead above the eye and cut it.</p> - -<p>At the commencement of the uproar, Constantine Burke’s wife ran out -of the house, as Brown supposes for the purpose of bringing Hare; -indeed, as she saw no other person dispatched anywhere, it is difficult -to account otherwise for this vampire’s speedy appearance. After -her departure Burke succeeded in turning M‘Dougal out of the house, -locking the door upon her. By this time Paterson was lying across the -bed in a state nearly approaching to insensibility, and the murderer -seems to have considered her as incapable of exertion, and certain to -fall an easy prey when he had leisure to finish her. On this account, -doubtless, he endeavoured to commence his diabolical work upon her -more active companion; he affected great kindness towards her, and -pressed her to go along with him into the bed which M‘Dougal had so -recently left. As she herself observes, however<span class="pagenum" id="Page_129">[129]</span> much she might have -been disposed to yield to his wishes, she could scarcely have done so -after the brawl she had so recently witnessed, and while M‘Dougal was -still making a noise at the door and knocking for admittance, and she -peremptorily refused. Fortunate it was for her that she did so, as -there can be no doubt about his purpose, if he had succeeded in getting -her into the bed, and once there it cannot be questioned that it was -intended she should never leave it alive.</p> - -<p>The confusion and uproar which had most probably been got up at first, -as was their usual custom, to cover the commencement, and continued -afterwards to drown the cries of the victims, had in this instance -an opposite effect, and Brown, who had become much alarmed by their -proceedings, though still unsuspicious of the horrible reality, -persisted in her wish to be allowed to depart, promising to return in -a quarter of an hour. Upon this promise she was suffered to depart, -and Burke at her request conducted her past M‘Dougal, who was still -upon the stair-head apparently much enraged. It is not easy to account -for his allowing his prey to escape from his clutches, probably he did -expect her to return, and perhaps she got off more easily, as Hare, -who if there is any difference in their desperate wickedness, seems to -merit the distinction of being the arch-fiend of the two, had not yet -arrived. If so, Brown again made a narrow escape, as from the short -time that elapsed before she returned, when the murder was perpetrated, -and Hare appeared standing as if unconcerned; he must have come within -a very few minutes of her leaving the house.</p> - -<p>She went straight to Mrs. Lawrie’s, and jestingly told her that she -would not remain with her, as she had got fine lodgings now; but -after informing Mrs. L. of the circumstances, she agreed to go back -along with her servant, and endeavour<span class="pagenum" id="Page_130">[130]</span> to get Paterson removed. Upon -her return, she did not recollect perfectly the close in which the -house was situated, and applied at Swanston’s for a direction to the -residence of the man who left his house with them. She was told that -they could not have gone with him, as he was a married man, and did -not keep company with such as they, but that she would probably find -him in his brother’s in Gibb’s Close. Even after getting into the -close and the stair, she did not recognise the house, and entered -that of a decent woman, inquiring if it was there she was before. She -was informed that they kept company with no such people, but that it -would likely be in the house up stairs. They proceeded up accordingly, -and found there M‘Dougal and Hare and his wife. Mrs. Hare ran forward -to strike Brown, but was prevented. Between her leaving Burke’s and -returning, she thinks there was only about an interval of twenty -minutes.</p> - -<p>Upon inquiring for Paterson, they alleged that she had gone out with -Burke, and added that they expected them back soon, and invited her -to sit down and take a glass of whisky with them. She did so, in the -hope that Paterson might quickly return. Mrs. L.’s servant then left -them, and M‘Dougal commenced a narration of her grievances from Burke’s -bad conduct, and railed at him for going away with the girl, and this -while her murdered body must have been lying within a few feet of her! -In a short time the servant returned for Brown, Mrs. L. having become -alarmed at her report, had sent her to bring her. No attempt was made -to detain her; but she was invited to return, which she promised to do.</p> - -<p>In the afternoon she did go back, and was again informed by Constantine -Burke’s wife that Burke and the girl had not returned.</p> - -<p><span class="pagenum" id="Page_131">[131]</span></p> - -<p>In answer to her subsequent inquiries and those of Mrs. Worthington, -in whose house they lived, it was pretended that Paterson had gone -off to Glasgow with a <i>packman</i>; but this reply did not satisfy -Brown, as she knew that Paterson was a well-educated girl, and could -write sufficiently well to send an account to her friends if she had -left Edinburgh, which she certainly would have done; her clothes also -remained unclaimed. No more satisfactory intelligence, however, could -be obtained, and she never heard farther tidings of her until after the -murder of the woman Campbell, when the mystery was developed, and the -clothes which Paterson wore were found in the West Port. Upon being -confronted with Burke and M‘Dougal, she readily recognised them.</p> - -<p>She believes firmly that Constantine Burke and his wife were cognizant -of the proceedings, both from their manner at the time and the conduct -of Constantine afterwards when she questioned him about Paterson. -Whenever she saw him, which she frequently did at his work early in the -morning, she inquired after her. His answers were always very surly; -on two occasions saying, “How the h—ll can I tell about you sort of -people; you are here to-day and away to-morrow;” and on another, as if -in allusion to the horrid transaction, “I am often out upon my lawful -business, and how can I answer for all that takes place in my house in -my absence.”</p> - -<p>She represents Paterson to have been irregular in her habits, but not -so low as has been represented, and appears indignant at a paltry -print of her, in which she is represented in the garb of a servant, a -dress in which she never appeared. She had been well educated for one -in her situation, and possessed a fine person, for which she was more -remarkable than beauty of face. The story which has appeared<span class="pagenum" id="Page_132">[132]</span> in the -newspapers about her mother being a housekeeper in the west country, -Brown alleges to be unfounded. She was a native of Edinburgh, and her -mother is dead.</p> - -<hr class="tb" /> - -<h2 class="nobreak normal">MURDER OF “DAFT JAMIE.”</h2> - - -<p>The second murder charged in the indictment was that of James Wilson, -commonly known by the name of “Daft Jamie;” and the circumstances -attending it were even more revolting than those of the women Paterson -and Campbell. None of their misdeeds has excited a greater feeling of -indignation in the public mind. Jamie was very generally known, and -was a universal favourite. His appearance marked the imbecility of his -mind, and was such as to make every one regard him with a feeling of -tenderness and sympathy. He was perfectly harmless and inoffensive, -and possessed apparently great kindliness of heart. To all who had -occasion to be on the streets of Edinburgh, whether at an early or late -hour, Jamie’s appearance was perfectly familiar—wandering about, in -every sort of weather, bare-headed, and without stockings or shoes, -and his good-humoured laugh and salutation, by an awkward bow and -twitch of the front lock of hair, were readily recognised and replied -to. Though roaming almost constantly about in this guise, he was never -known as a beggar, but occasionally visited certain houses, where he -was admitted as a familiar guest, and kindly entertained, while even -in these he conducted himself in a modest unobtrusive manner. He used -to allege that he did not need money, as he had sometimes the “feck -o’ half-a-croun on him.” Jamie was by no means, however, the moping -idiot that he has<span class="pagenum" id="Page_133">[133]</span> been represented. Though undoubtedly imbecile -and incapable of any continuous mental exertion, he possessed some -small portion of intellect. To the boys of Edinburgh, his knowledge -of the days of the month and week, and facility in computing on what -day of the week any given time would fall, were well known; indeed, -he sometimes appeared to serve in place of a kalendar to them. His -musical talents were also appreciated, and he was often called upon to -entertain his juvenile acquaintances with a song, which he executed in -tolerable style.</p> - -<p>He was scrupulously clean in his person and linen, changing it -frequently. His hands and feet, though uncovered, were also observed -to be always clean. They were peculiarly formed, and by his feet he -is said to have been recognised by some of the students in Dr. Knox’s -dissecting-rooms.</p> - -<p>It is a curious fact, that almost all the <i>naturals</i> who have -lately been known on the streets of this city, have met with a violent -and untimely end. Bobby Auld, a contemporary and acquaintance of -Jamie’s, was killed by the kick of an ass, and afterwards became also -a subject for dissection. There is an anecdote told concerning them, -which is a curious instance of blindness to a personal deficiency, -joined to a just perception of it in another, and at the same time -exhibits in a strong light what we have said of Jamie’s innocent and -artless disposition. It is narrated that the two met accidentally one -day somewhere in the neighbourhood of the Grassmarket. “It’s a cauld -day, Bobby.” “Aye is’t, Jamie,” replies Bobby. “We wud be the better -o’ a dram—hae ye ony siller? I hae tippence;” “and I hae fourpence,” -says Jamie. “Oh, man,”<span class="pagenum" id="Page_134">[134]</span> rejoins Bobby, “that’ll get half a mutchkin.” -They then adjourned to a neighbouring public-house, where the money was -produced, and the liquor ordered. But before any of them had partaken -of it, Bobby inquired anxiously, if Jamie had seen “the twa dougs -fechting on the street?” “No,” says Jamie, “I saw nae dougs fechting.” -“It’s a grand fecht though,” replies Bobby, “and has lasted half an -hour; its weel worth your seeing, and you had better gang to the door -and see it.” Jamie accordingly proceeded unsuspectingly to the street -to witness this wonderful dog fight, but speedily returned with the -intelligence that he could discover no such conflict. “They’ll be dune -then,” coolly observes Bobby. “But what’s come o’ the whisky?” said -Jamie, on observing the stoup standing empty. “Ou, man,” says the -treacherous Bobby, “ye bade sae lang I couldna wait.” Upon Jamie’s -being questioned what he had done to Bobby for this false play, he -replied, “Ou what could ye say to puir Bobby? he’s daft, ye ken.”</p> - -<p>Jamie, however, though inferior to Bobby in trickery and low cunning, -was much his superior in intellect. His father is said to have been a -decent religious man, and took him regularly to a place of worship in -the old town on Sabbaths, which Jamie, after his death, perhaps from -habit, continued to attend. When examined by a respectable member, it -was found that his religious knowledge was far beyond what could have -been expected, and superior to many whose appearance promised more. His -answers to questions were intelligent, and out of the usual routine.</p> - -<p>It is probable that this poor creature had been for some time watched -by the gang of murderers, and marked<span class="pagenum" id="Page_135">[135]</span> out as one that might be easily -taken off without exciting suspicion. They had very much miscalculated -however, both the notice that would be taken of his disappearance, -and the degree of resistance he was capable of making. Accident -unfortunately threw him in their way. He was met by Burke at nine -o’clock one morning in the beginning of October last, wandering about -in his usual way in the Grassmarket. He instantly accosted him in -his fawning manner, and inquired of him whether he was in search of -any one; he told him he was seeking his mother, to whom, as he was a -creature of kindly dispositions, he was warmly attached. The wretch at -once saw that he now had him within his grasp, and instantly commenced -his schemes for drawing him away to some convenient place where he -might be murdered. He contrived to persuade him that he knew where -his mother had gone, and would take him to the place, and by coaxing -and flattery he at length decoyed him into Hare’s house. Here those -monsters of iniquity, exulting over their deluded victim, began to -pretend the greatest kindness for him, and having procured liquor, they -pressed it upon him. He at first decidedly refused to taste it, but -they so far wrought upon his good nature by their assumed kindness, -that they induced him to join them in their cups, and then plied him -so effectually, that he was soon overpowered, and laying himself down -on the floor, fell asleep. Burke, who was anxiously watching his -opportunity, then said to Hare, “Shall I do it now?” to which Hare -replied, “He is too strong for you yet; you had better let him alone -a while.” Both the ruffians seem to have been afraid of the physical -strength which they knew the poor creature possessed, and of the use he -would make of it, if prematurely roused. Burke, accordingly, waited a -little, but impatient at length to accomplish<span class="pagenum" id="Page_136">[136]</span> his object, he suddenly -threw himself upon Jamie, and attempted to strangle him. Oppressed as -he was with the influence of liquor, he was roused at once by this -assault to a full sense of his danger; and, by a dreadful effort, he -threw off Burke, and sprung to his feet, when the mortal struggle -began. Jamie fought with all the fury of despair, and would have been -an overmatch for any one of his ruffian assailants. Burke had actually -the worst of the struggle, and was about to be overpowered, when he -called out furiously to Hare to assist him, crying that he would stick -a knife into him if he did not do so. Hare rushing forward turned the -balance of the unequal conflict by tripping up Jamie’s heels; and -afterwards dragging him along the floor, with Burke lying above him. -None were present at this murder, which was completed before mid-day, -except the two ruffians themselves.</p> - -<p>This will be readily recognised as Hare’s account, and, of course, -it is fitted to show him in the most favourable light which the -circumstances will admit of. It is but justice, however, to give the -statement of his companion in guilt, who, if there is any choice, is, -after all, perhaps the one whose testimony is most entitled to credit.</p> - -<p>Burke states that it was Hare who decoyed Jamie into the house, and -then sent for him to assist him in his inhuman design,—that Jamie -not only peremptorily refused to taste the liquor presented to him at -first, but actually did drink very little of it, and not nearly so -much as to produce intoxication,—that he then sat down upon the bed, -reclining backwards and leaning upon his arm, and that Hare sat beside -him in the same position,—and after some time, impatient for his -prey, began to<span class="pagenum" id="Page_137">[137]</span> attempt to suffocate him in the usual way, by pressing -his hands over his nose and mouth. Jamie, however, when he found him -using violence, resisted stoutly, and grappled with him; and during -the struggle, both fell off the bed, and rolled on the floor. Hare -then called for Burke’s assistance, which he effectually rendered, -by falling upon Jamie’s body, when, by their united efforts, he was -dispatched.</p> - -<p>Jamie fought manfully, and did inflict some injuries upon them; but it -is a mistake to suppose that Burke’s cancer was produced in consequence -of the bite which he is said to have given. It was originally the -effect of heat and fatigue in walking, which he had neglected, and -leading a dissipated dissolute life afterwards, it reached the -dangerous state which it has now assumed. After Jamie’s death, Burke -remarked that his clothes would answer his brother, to whom they were -given, and a pair of trousers were afterwards recognised upon him by a -baker in the Cowgate, whose they had been, and who had given them to -Jamie. It was also observed that his son wore his kerchief.</p> - -<hr class="tb" /> - -<h2 class="nobreak normal">DISCUSSIONS RELATIVE TO THE TRIAL OF HARE AND THE <i>SOCII CRIMINUM</i>.</h2> - - -<p>Since the condemnation of Burke a very important question has been -agitated, not only among lawyers, but in society and the public -prints,—namely, whether or not Hare, or any of the other parties who -were concerned in the two murders that were libelled in the indictment -against Burke, but which were not brought to trial,—can now, after -having been admitted as<span class="pagenum" id="Page_138">[138]</span> evidences for the crown, be legally put upon -their trial for participation in those murders? This is a very nice -and intricate question indeed, and it is likely to be brought on -for immediate discussion in a regular shape, as the mother of James -Wilson, one of the victims, has been advised that it is competent to -her, as a private party, to prosecute Hare, or any of the other guilty -persons, notwithstanding any arrangements into which the Lord Advocate, -as public prosecutor, has entered with them as king’s witnesses on -Burke’s trial;—and such is the strong current of public feeling in -support of an attempt to bring Hare to justice, that a subscription -has been set on foot, and some of our nobility and gentry of high rank -have given the sanction of their names, and the aid of their purses, -to support the poor woman, while eminent counsel and an agent—as we -formerly mentioned—have undertaken the conduct of the proceedings. -Preparatory to such a prosecution, application has been made, in name -of Wilson’s mother, to the Court of Justiciary, to have Hare and his -wife detained in custody until an indictment shall be served, and the -other preliminary steps gone through, preparatory to a solemn trial of -the question.</p> - -<p>In the meantime, it may be interesting as a chapter in the history -of this frightful drama of real life, to combine with the details -formerly given such a selection from the arguments which have already -been maintained on this point, as will afford a concentrated view -of the discussions which lie scattered over a number of different -publications. And in doing this, we shall take the liberty of lopping -off such parts of the controversy as are extraneous to the mere point -of law, and as might tend to prolong any of that irritation and -personality which very<span class="pagenum" id="Page_139">[139]</span> naturally, although not necessarily, mingle -themselves in public discussions.</p> - -<p>We regret that the length to which these discussions necessarily -extend will prevent us from giving, so early as was intended, a -complete account of the Life of William Burke, and the circumstances -attending the murders, including many interesting particulars hitherto -unpublished. This will appear immediately after, and in the meantime we -trust that the public will appreciate the importance of the question -now presented to their notice.</p> - -<p>The first publication, we believe, on this subject was an article in -the Caledonian Mercury, of which the substance is as follows:</p> - -<div class="blockquot"> - -<p>It is now certain that no further proceedings are to be -taken against the persons concerned either as principals or -accessories in the late murders; at least, we have seen a -document issued from a high quarter, the gist and bearing of -which lead directly to this inference. But the matter cannot -possibly be allowed to rest here. The united voice of society -calls loudly for further, deeper, and fuller investigation; and -if the Public Prosecutor refuse to obey that call, and redeem -his pledge to probe and sift the whole system of iniquity to -the bottom, there is another place where the universal cry -for justice, which now rings throughout the land, will be -listened to and respected, and where even that high functionary -himself may be called to account for the mode in which he has -exercised the almost unlimited, certainly undefined, powers of -his office. We are quite prepared to give him credit for the -perfect purity and uprightness of his motives in abstaining -from the institution of further<span class="pagenum" id="Page_140">[140]</span> inquiries, and in wishing to -allow the veil, of which a corner only had been withdrawn, to -drop for ever on scenes too horrid and bloody to be contemplated -without fear and trembling. He may have come under a promise -to the prime <i>particeps criminum</i> which, as a man of -honour, he cannot violate; and he may be actuated by a desire -to avoid, as far as possible, every thing calculated, as he -believes, to injure the schools of anatomy in this city. -But, in regard to the first of these grounds of forbearance, -(which the reader will observe we put merely as suppositions) -the public have nothing whatever to do with any private and -extrajudicial obligations of this sort, which however expedient -or necessary in some cases they may be thought, are in every -case illegal; and the answer made to such an apologetical plea -will unquestionably be, that justice is not to be stifled, nor -a horde of murderers, and accessories to murder, suffered to -escape, because one of the horrid gang was induced to “peach” -by a promise of impunity and protection. That incomparable -miscreant, steeped to the very teeth in blood and slaughter, -the originator of the assassinations, Burke’s master in the -art of murder, and a principal or an accessory in every crime -which has been committed,—in short, if there be any gradations -of guilt in atrocities such as were never before heard of or -paralleled in any age or country, the most guilty,—was not -surely a fit subject to be selected for clemency upon the -condition of betraying his accomplices: especially, where these -were so numerous that others less deeply implicated might have -been found equally capable of revealing the whole mystery of -iniquity. Besides, his evidence, if evidence it may be called, -was unnecessary and useless. It was unnecessary, because, -exclusive of his revelations, there was abundant evidence to -bring home<span class="pagenum" id="Page_141">[141]</span> the crime charged to <i>both</i> of the prisoners; -and it was useless, for what Jury would credit the testimony of -a wretch whose only title to be believed consisted in his having -been concerned in the perpetration of <i>three</i>, perhaps -<i>thirty</i> murders,—who coolly admitted in the box that he -had stood or sat by, with perfect composure and unconcern, while -Burke was strangling the unhappy woman for whose murder his life -has been forfeited,—who had the most powerful of all human -motives, and the very strongest conceivable interest in saying -every thing which he deemed calculated to effect the destruction -of his quondam pupil and associate,—and who must have exchanged -places with the pannel, if the pannel had been acquitted? We -say, therefore, that we are utterly at a loss to conceive upon -what principle this execrable villain was admitted to “peach.”</p> -</div> - -<hr class="tb" /> - -<p>This was followed by an answer, reply, and various replications, which -we shall content ourselves with inserting in their order, denuded only -of such portions as might have perhaps been spared, but which must -have crept in unadvisedly, in the heat and hurry of composition for -newspapers.</p> - - -<h4><i>Edinburgh Advertiser.</i></h4> - -<p>Much dissatisfaction has been expressed that no more of the horrid gang -of murderers are likely to be brought to trial, and, consequently, that -Burke is the only victim who is to be sacrificed to public justice; but -the decision to which the Court came in restricting the Prosecutor to -the proof of one of the three charges exhibited against Burke, however -it may have been consistent with strict justice, was attended with the -necessary effect of preventing the disclosure of the circumstances -connected with<span class="pagenum" id="Page_142">[142]</span> the other two murders, namely, those of Mary Paterson -and of “Daft Jamie,” for which the Lord Advocate so strenuously -contended, in the view of satisfying the public mind; for, after Burke -had been convicted under the third charge, it was out of the question -to proceed to try him a second and a third time on the two previous -accusations. The limited nature of the disclosure thus produced has -naturally led the public in the present state of excited feeling, to -call for the farther trial and punishment of this atrocious gang.</p> - -<p>We have heard, however, that no farther trials will take place, and -we can figure the reasons why. It is apparent that there were just -four persons engaged in these horrid deeds, viz. Hare and his wife, -Burke and M‘Dougal; the latter of whom, though not actually married -to Burke, had lived with him as his wife, and had borne his name for -ten years, and was thus legally his wife. After being detained weeks -in jail, we understand, that not one of these four prisoners, when -examined as accused persons, would acknowledge any share of guilt. -In such circumstances, if these persons had been all indicted, it -is obvious that the evidence against them would have been merely -presumptive, and considering the difficulty even in convicting Burke, -when two eye-witnesses swore to the way in which the deed was done, it -is plain that all the four would have been acquitted. What effect such -a result would have had on the public mind it is needless to inquire. -<i>The only course left to secure a conviction was to admit a part of -the gang as witnesses against the rest.</i> To have taken the women -as king’s evidence against the men, if they had been willing to speak -out, which it is believed they were not, could have availed nothing, -as by law their testimony could not have been<span class="pagenum" id="Page_143">[143]</span> received against their -husbands; besides, their knowledge could not be of that extended nature -which it was desirable to possess. The only resource, therefore, must -have consisted in taking Hare, who, however criminal, <i>was not the -leader of the gang</i>. It may be well supposed that Hare would not -have been so well dealt with, unless he had agreed to disclose, not -merely the circumstances connected with the murder of Docherty, but -with <i>every other crime of that nature in which he and Burke had -been concerned</i>, and that his wife, against whom <i>he</i> could -not give evidence, should confirm his statements so far as consistent -with her knowledge. Such information was clearly indispensable for -the safety of the public. It is known that it was solely from Hare’s -consequent disclosures that the murders of Mary Paterson and Daft Jamie -were ascertained, and that collateral evidence was obtained sufficient -to warrant a charge against Burke as connected with these murders. In -both these cases, it is certain that the bodies were recognised in the -dissecting-room, and in both, part of the clothes of the unfortunate -persons murdered, were found in Burke’s possession. If no other case -was charged, it may well be supposed to have arisen from the absence -of such collateral evidence, without which no conviction could have -been looked for. If we are right in this statement, <i>and we have -been at some pains in obtaining accurate information</i>, it would be -<i>impossible</i> to bring Hare or his wife to trial for crimes which -they had disclosed under such circumstances, even if there could be -evidence against them, which is no ways likely.</p> - -<p>M‘Dougal has been tried, and a jury has thought fit to acquit her of -the only charge of which evidence could be obtained of her accession; -and Burke has been convicted,<span class="pagenum" id="Page_144">[144]</span> and he is to be executed. Deeply as -we regret that punishment should not reach a greater number of those -miscreants, we cannot shut our eyes to the obstacles which may thus -present themselves to its accomplishment, and must console ourselves -with the reflection, that if farther trials are not to take place, the -public functionaries are now well informed not only of the extent but -of the nature of such practices; and, thus alive as they must be to -the dreadful consequences of such crimes, the public has good reason -to trust to the effect of their vigilance and exertions in affording -security to the lives of the unprotected.</p> - - -<h4><i>The Caledonian Mercury.</i></h4> - -<p>In a contemporary journal of Friday last, we observe an article -entitled “The West Port Murders,” which we think deserving of our -special notice; and as it is substantively an answer to our legal -argument respecting the liability of Hare to be tried for the murders -of Mary Paterson and Daft Jamie, as well as a defence of the Public -Prosecutor, for declining to bring any more of “the horrid gang of -murderers” to trial, we feel ourselves called upon to reply to it. In -doing so, however, we shall not fail to keep in mind that we have to -deal with a question of law and of fact merely, and that, differing -as we do <i>toto coelo</i>, from the Lord Advocate, in the view -which he has taken of his duty upon this occasion, there is but one -opinion as to the purity and uprightness of the motives by which he -has been actuated, and of his desire, (unless opposed by technical -difficulties,) to afford the fullest satisfaction to the public. His -Lordship, to his infinite honour, has uniformly paid attention to the -strongly expressed sentiments of the country.</p> - -<p><span class="pagenum" id="Page_145">[145]</span></p> - -<p>The article in question sets out as follows,—for quotation see pages -141 and 142, paragraph commencing, “Much dissatisfaction, &c.</p> - -<p>Now, we contend that this is altogether erroneous in point of law, and -that the writer, in order to arrive at his conclusion, has confounded -two things perfectly distinct, viz. the legal effect of a verdict -of conviction <i>before</i> sentence, and the legal effect of such -conviction <i>after</i> the Court has been moved to pronounce judgment; -and after a sentence has been passed sinking the <i>caput</i> of the -prisoner. It is quite clear in law, that even a conviction, upon a -capital charge, does not and cannot destroy the <i>status</i> of -the prisoner; and for this reason, that the verdict may be special, -or inapplicable, or it may find something different from the facts -charged, or it may involve a conclusion which is inept in law, so -that, upon a motion in arrest of judgment, no sentence can pass upon -it. Instances of this kind constantly occur; and every one who is -acquainted with the books of criminal law, must be familiar with many -of them. It follows, therefore, that if an objection were proponed -upon any of these grounds, and sustained by the Court, the prisoner -would fall to be dismissed <i>simpliciter</i> from the bar. But until -the Court be moved for judgment, it cannot be known whether such an -objection may not lie; and, consequently, it is manifest that a mere -conviction, however valid it may ultimately be found, does not and -cannot affect the <i>status</i> or destroy the <i>caput</i> of the -prisoner, which is the joint result of the verdict <i>and</i> the -sentence. Hence, we contend that the writer before us labours under -a complete mistake in supposing that the decision of the Court “in -restricting the Prosecutor to the proof of <i>one</i> of the three -charges exhibited against Burke <i>was attended<span class="pagenum" id="Page_146">[146]</span> with the necessary -effect of preventing the disclosure of the circumstances connected -with the other two murders</i>,” and that, “<i>after Burke had been -convicted under the third charge, it was out of the question to -proceed to try him a second and a third time on the two previous -accusations</i>.” As matters turned out, it was indeed out of the -question to try Burke a second and a third time for the other two -murders. But how was it out of the question? Solely on account of the -error committed by the Prosecutor himself in moving and obtaining -the sentence of the Court on the verdict of conviction which had -been returned by the Jury on the third charge, namely, the murder of -the woman Docherty: For the moment Burke was condemned to die, his -<i>caput</i> was destroyed,—he was dead in law, and had no longer a -<i>persona standi in judicio</i>; consequently, after such conviction -and sentence, it was clearly “out of the question to proceed to try -him a second and a third time on the two previous accusations.” But -we have some confidence that no lawyer will maintain the incompetency -of proceeding to try Burke upon these charges, had the Lord Advocate -rested satisfied with the conviction he had obtained, and delayed -moving for sentence. We will not argue a point so clear as this. It -is evident to us that the dilemma in which the Prosecutor has placed -himself is the consequence of his own blunder, and that Burke might -have been tried on twenty separate charges, if the indictment had -contained so many, but for the error committed by his Lordship himself -in moving the Court for judgment, and thus destroying the prisoner’s -civil personality, and, of course, his <i>persona standi in judicio</i>.</p> - -<p>After stating, what is perfectly true, that “the limited nature of the -disclosure thus produced has naturally led<span class="pagenum" id="Page_147">[147]</span> the public, in the present -state of excited feeling, to call for the farther trial and punishment -of this atrocious gang,” the writer then proceeds to say:—See -paragraph on page 142, commencing “We have heard, however,” &c. to end -of the article.</p> - -<p>Now, our readers will perceive that this just comes, in substance, to -the fact stated by implication in our Saturday’s publication, that Hare -and his wife were admitted to “peach” upon a promise of impunity and -protection. But were the circumstances such as to warrant the Public -Prosecutor in giving such a promise, or accepting disclosures from Hare -in regard to the murders of Mary Paterson and Daft Jamie, calculated to -embarrass him in dealing with these miscreants, or to tie up his hands -altogether from proceeding against them on account of these horrid -crimes? We maintain there were no such circumstances, and our reasons -for thinking so are already partly before the public. The defender of -the Lord Advocate says, indeed, that “there were just four persons -engaged in these horrid deeds, viz. Hare and his wife, and Burke and -M‘Dougal,” and that if all four had been indicted, “it is obvious -that the evidence against them would have been merely presumptive, -and considering the difficulty experienced even in convicting Burke, -<i>when two eye-witnesses swore to the way in which the deed was -done</i>, it is plain that all the four would have been acquitted.” -Now, all this is very loosely and inaccurately stated;—for, in the -first place, the Lord Advocate knows as well as we do, that instead -of <i>four</i>, there were at least <i>seven</i> persons concerned -either as principals or accessaries in these murders; secondly, that -independently of the testimony of Hare and his wife, there was more -than “presumptive evidence” inasmuch as he himself rested<span class="pagenum" id="Page_148">[148]</span> the case -against Burke on the other evidence adduced, exclusive of Hare and -his wife altogether; thirdly, that the Jury paid no regard whatever -to the testimony of these wretches, yet convicted Burke of the charge -libelled; and, lastly, that no other difficulty was experienced in -obtaining this conviction than arose from the Prosecutor having to -contend with the great talents of the Counsel arrayed for the defence, -or were inseparable from a protracted investigation into a great -body of circumstantial evidence. How, then, can it be maintained, -that if Hare and his wife had been included in the indictment with -Burke and M‘Dougal, the whole four would have been acquitted? It is -said, indeed, that these miscreants, particularly the former, made -such disclosures in relation to the murders of Mary Paterson and Daft -Jamie, as renders it now impossible to bring them to trial for these -assassinations; but even admitting this to the fullest extent, it is -not pretended that they made any disclosures connected with the murder -of Docherty; and as their testimony proved of no avail in facilitating -or insuring a conviction against Burke, the necessary inference is, -that the Prosecutor mismanaged his case in not including them in the -same indictment with their associate and accomplice for that offence at -least. But if people will not seek for evidence they cannot find it. -Why was Falconer not sought out and brought forward? Had the Prosecutor -apprehended this fellow and Paterson, and afterwards admitted them as -king’s evidence, there would have been no want of proof to convict the -whole operative part of the gang, <i>if not to go even farther than -this</i>. The teachers of anatomy ought also to have been examined. -They had it in their power to tell much that had come to their -knowledge, and to point out channels by which more might have been -discovered. Information<span class="pagenum" id="Page_149">[149]</span> of the most valuable description might have -been obtained from them, had it been required; information, which they -were willing and anxious to give, and which, we rejoice to learn, the -Prosecutor is now taking the proper means to obtain.</p> - -<p>In the paragraph above quoted there are some errors in point of fact, -which are the more material and germane to our view of the case, -because the mind of the Public Prosecutor may have been misled by -them, and his course of conduct influenced by the misconceptions under -which he laboured. First of all it is stated that M‘Dougal, “though -not actually married to Burke, had lived with him as his wife, and -had borne his name for ten years, and was thus legally his wife.” In -his “confessions,” Burke states himself to have been living in notour -adultery, which of course could only be the case upon the supposition -that a former wife of his own was alive; which we understand to be the -fact. M‘Dougal’s connection with Burke, therefore, was not of such -a nature as legally to disqualify her for giving evidence against -him. Next, the writer is misinformed when he says that Hare “was not -the leader of the gang.” Further investigation, we are convinced, -will prove the contrary. Hare was engaged in this horrid traffic -<i>before</i> he formed an alliance with Burke; and although the -superior appearance, address, and physical strength of the latter, -led him to act as the decoy, and to take a conspicuous share in the -perpetration of the murders, Hare, we are satisfied, was his master and -his tempter, as he is known to have been his constant associate in all -the murders he committed, except, perhaps, one, which Burke alleges -Hare did by himself when he was in the country. It is really melancholy -to “hear,”<span class="pagenum" id="Page_150">[150]</span> therefore, “that no farther trials will take place,” and -that, as far as the Prosecutor is concerned, Hare and his wife are now -free from all challenge.</p> - -<p>Happily, however, there is one method by which they may still be -brought to justice. The mother of Daft Jamie is alive; and it is -competent for her to prosecute for the murder of her son, upon -obtaining the concourse of the Public Prosecutor, which his Lordship -cannot withhold. This, we understand, is a settled point, and we -know of a case in which a private party similarly circumstanced came -forward. It was in consequence of several persons being shot, in -Aberdeen, on the late king’s birth day, Captain M‘Donach was that day -the officer on duty, and gave the orders to the military to fire upon -the mob, in consequence of which several persons were killed. Politics -then ran high, and his Majesty’s Advocate refused to bring the Captain -to trial. But a private party came forward; his Lordship was obliged -to grant his concourse; and Captain M‘Donach was put upon his trial. -The Hon. Henry Erskine conducted the case for the prosecution; but in -spite of all his efforts the Jury acquitted the prisoner. We do not -remember how the instance was laid, and we have not time at present -to consult the authorities. We are quite certain, however, as to the -main fact, that the prosecution was brought by a private party, with -concourse of his Majesty’s Advocate, after that Functionary had refused -to prosecute in his own name. Now, the inference we draw from this -is, that the mother of Daft Jamie ought to come forward upon this -occasion; and in order to enable her to do so, a subscription should -be immediately opened for raising the necessary funds to defray the -expense of the trial. Were this done, hundreds, nay thousands<span class="pagenum" id="Page_151">[151]</span> would -subscribe to enable her to prosecute; and we are satisfied that the -Lord Advocate would not only not refuse his concourse, but would be -pleased and gratified with a proceeding calculated to relieve him from -the embarrassments with which he is at present surrounded.</p> - - -<h4><i>Edinburgh Advertiser.</i></h4> - -<p>The Lord Advocate is blamed, not only for not having possessed the -gift of “second-sight,” and discovered sooner that Burke and Hare, and -their two wives, were murderers. He is blamed in the second place, for -having been able to procure the conviction of only one of the gang. -Hare and his wife, it is said, ought not to have been made King’s -evidence. There was enough of evidence, we are told, against their -associates without them; and we are desired, therefore, to adopt the -conclusion, that they were improperly screened from punishment, by -being invested with the character of witnesses. This is really too -much. But some persons, when <i>disposed</i> to find fault, require, -in the language of the proverb, “but a <i>hair</i> to make a tether.” -It has proved so, in the present instance. A better arranged case of -proof, circumstantial and direct, has seldom, perhaps, been laid before -a jury, than that which was submitted to the jury on the trial of Burke -and M‘Dougal. A train of more clearly delivered and unshakenly adhered -to testimony, on the part of the unexceptionable witnesses, has seldom -been listened to. Yet, even when aided by the direct testimony of Hare -and his wife, for whose evidence we are told there was no necessity, -a jury, including individuals of the most respectable character, -unanimously found the charge <i>not proven</i> against <i>M‘Dougal</i>, -while, at least, two of them, it is asserted, contended for a similar -verdict <i>even against Burke</i> himself. Had Hare and his wife,<span class="pagenum" id="Page_152">[152]</span> -therefore, not been witnesses, there is the best reason for supposing -that the conviction of none of the four would have been obtained. It is -surprising that, in such a state of facts, the Lord Advocate should be -accused of having acted improperly in admitting these miscreants to the -privileges of king’s evidence.</p> - -<p>In our last paper we endeavoured to show that his Lordship could not -have acted otherwise than he has done. A contemporary of yesterday has -reviewed the remarks we then made. After affecting to consider them as -coming from a “higher quarter” than ourselves, in order, of course—to -secure the greater attention to his own observations—he still contends -that the Lord Advocate acted improperly in giving immunity to Hare and -his wife, and that if he had not done so, he might have accomplished -the conviction of more of the gang than Burke. On a <i>prima facie</i> -consideration of the subject, this must appear very unlikely. His -lordship was, of course, in possession of all the evidence in its -authentic shape, the broken parts of which have been wafted, in an -exaggerated form, to the knowledge of the public. He was, perhaps, -aware too, that the murders had all been so committed as to preclude -the chance of direct evidence of them, except either from Burke or -Hare—who were accustomed, according to the recent confession of -Burke, to keep even their wives out of the way, on such occasions. Our -contemporary has not stated, and we, therefore, imagine, cannot state, -that any third party, not of the gang, ever witnessed a single one of -the murders, or was ever so connected with their perpetration, as to be -able to give any thing approaching to the requisite direct evidence on -the subject. He should be prepared to do so, however, before censuring -the Lord Advocate for<span class="pagenum" id="Page_153">[153]</span> a mode of procedure which may have been, and -which, we believe, was wholly unavoidable.</p> - -<p>Our contemporary objects to the extent of immunity he supposes to have -been given to Hare and his wife. On this point, we should think, he -need feel no uneasiness. If king’s evidence was necessary—if without -such evidence it be plain from what has occurred on the trial of -Burke, that there was more than a chance, a probability even, that -the conviction of none of the gang could have been obtained—we may -rest assured that the Lord Advocate offered no farther premium on the -treachery which he felt to be requisite, for the sacrifice of some of -them, than was absolutely necessary to insure it.</p> - -<p>But then our contemporary thinks that, at all events, a different -selection ought to have been made, and that, by the testimony of -M‘Dougal, had she been admitted as king’s evidence, Hare might have -been convicted as well as Burke. In our last paper, we stated that -M‘Dougal, although not actually married to Burke, had, for ten years, -lived with him as his wife, and, in law, therefore, <i>was</i> so, and -could not be examined against him; and as the other woman could not, -for the same reason, have been examined against Hare—and neither of -them could furnish against the husband of the other, that clear and -decisive evidence required from <i>socii criminis</i>, to give it -sufficient weight; the result of taking <i>them</i> as king’s evidence -might, and probably would have been, the escape of the whole four. -Burke, however, it seems, has been confessing since his condemnation, -and, as one of his confessions is said to lead to an <i>inference</i> -that his cohabitation with M‘Dougal could not make her his wife, as -either he or she were previously married, and the wife or husband<span class="pagenum" id="Page_154">[154]</span> -of the former marriage still alive—our contemporary, on the tacit -assumption that this even yet mysteriously hinted at fact was or -ought to have been known, and capable of proof <i>before</i> the -trial—endeavours to give the <i>coup de grace</i> to our argument -against the possibility of having made M‘Dougal give evidence against -Burke. His attempt to do so is founded on the result of what is -generally called, reasoning in a circle, and seems to require no -farther notice. His whole argument, indeed, on this part of the subject -proceeds on this other assumption, that the Prosecutor, in looking out -for king’s evidence, has the selection of it entirely in his own hand. -This, we rather think, is but seldom the case; and, where the gang -have been connected as husbands and wives, the selection must often -be prescribed to him, or made imperative, by circumstances over which -he can have no control. Is our contemporary quite sure that the Lord -Advocate had not his hands tied, in this way, in the present case?</p> - -<p>As to his lengthened argument to show that had the Lord Advocate not -moved for judgment against Burke, when found guilty of the last of -the three murders charged against him, it would have been competent -to have led evidence of the circumstances attending the other two—we -would simply ask, <i>cui bono?</i> What good effect could have resulted -from the leading of it? Hare and his wife being protected as king’s -evidence against the consequences of <i>their</i> participation in -them, and M‘Dougal not being charged with <i>them</i> at all, they -could only have been proved against Burke. After what had passed, must -not this have seemed, in so far as Burke was concerned, to be like the -pouring of water on a drowned mouse, and, in so far as the public was -interested, to be the exciting of feeling unnecessarily and without -object?</p> - -<p><span class="pagenum" id="Page_155">[155]</span></p> - -<p>Our contemporary, in conclusion, asserts, that whatever immunity the -Lord Advocate may have felt it necessary to give to the infamous Hare, -the mother of “Daft Jamie,” taking advantage of the disclosures made by -that wretch under promise of pardon, is entitled to prosecute him, with -the concurrence of the Lord Advocate, which concurrence, in all these -circumstances, his Lordship, he says, will be bound to give. This seems -very novel doctrine. We can only say, that we should be extremely glad -to think our contemporary correct in laying it down; and no man, we are -certain, would be more happy to think his reasoning without flaw, than -the Lord Advocate.</p> - -<p>There is still another point of <i>dittay</i> against his Lordship, an -insinuation that he is unwilling to prosecute trains to the knowledge -of other murders which are said to have opened to him, and which are -reported to implicate other murderers than those already known to the -public. Such an insinuation might safely be contemned by any one, and -must be far too incredible, when made against his Lordship, to find a -couple of ears on the respective sides of the most credulous head in -the strongholds of credulity itself, to take it in. The Lord Advocate, -we suppose, thinks coolly before he acts—finds out some person to -be tried—and on grounds inferring probable conviction, before he -institutes the trial; and, as our contemporary admits that he is still -proceeding in his investigations, the charge of unwillingness to -prosecute, seems, even on his own showing, to be very premature, as -well as incredible.</p> - -<p>We are satisfied that, in the prosecution of Burke and his associates, -and in the investigation of the system of<span class="pagenum" id="Page_156">[156]</span> murder with which they have -been connected, the Lord Advocate has done, and is doing his duty, -ably, impartially, and fearlessly, and that he is entitled to the -highest praise instead of the slightest censure. Feeling this to be the -case, we cannot withhold our humble effort to make it appear so.</p> - - -<h4><i>Edinburgh Observer.</i></h4> - -<p>The people are not satisfied with the imperfect disclosures that -have taken place, and the trivial atonement that is to be made to -outraged humanity, by the death of only one of the atrocious gang. -There is a cry for blood—more blood—throughout the land; and coming, -as it does, from the bulk of the nation, it will require no little -discrimination and firmness, on the part of the Public Prosecutor, -to see his way clearly, and to keep it when he has found it. A more -difficult situation than his, at the present time, we cannot well -imagine. Even the activity of the press, in reiterating the calls for -further inquiry and for more victims, at the very moment when he is -known to be indefatigably employed in prosecuting the one and searching -for the other, has greatly contributed to render his duties more -harassing and ungracious. Under a sincere, and, despite what others -say, we conceive a just impression, that all the monsters might escape -the gallows, as one of them has actually done, by a verdict of “not -proven,” he permitted two of them to purchase their worthless lives by -bearing testimony against their associates. That the Hares obtained -this immunity as being the lesser criminals in his estimation, we do -not believe. The fact of the particular murder, which led to the whole -discoveries, having been perpetrated under Burke’s roof, naturally -pointed out him and his guilty partner as the more immediate objects of -legal<span class="pagenum" id="Page_157">[157]</span> vengeance. It is evident, that throughout the whole business, -the Lord Advocate has been actuated by the most honourable anxiety -to investigate the affair to the uttermost; and had he not, at the -very outset of the trial, been urged into a concession to the legal -scruples of the counsel opposed to him, whose eloquence most assuredly -reft one wretch from the clutch of the hangman, not merely one, but -three acts of the horrid drama would have been publicly revealed. -It is stated, that since the trial, his Lordship and his assistants -have been unremitting in their inquiries. He has attended almost -every precognition, and surveyed in person the foul abodes which the -murderers inhabited, and even the dwellings of their victims. But he -refuses to violate the public faith, of which, in this instance he is -the custodier, by yielding up the tools he has been forced to employ, -to that punishment which they have so abundantly merited, yet from -which the nation stands pledged they are redeemed. God forbid that we -should advocate the indemnity of these monsters on any ground, save the -sanctity of such a pledge. We question greatly, whether Hare and his -partner, cast upon the world with ignominy and crime branded on their -foreheads, are not more condignly punished, than the wretched man whose -days are numbered, and whose doom, it is certainly not uncharitable -to predict, will yet overtake them. In the case of Weare’s murder, -Probert, one of the accessaries, was admitted to a like immunity. When -his foul breath had consigned one of his associates to the gallows, he -was allowed to go forth into the world a free man; but, like Cain, he -found himself an outcast, and, in the course of a few months, was again -arraigned as a felon, convicted, and executed.</p> - -<p><span class="pagenum" id="Page_158">[158]</span></p> - -<p>Though we dissent from the summary mode of procedure which many people -recommend, and conceive that it would be a perilous innovation on the -prerogative of the Public Prosecutor to say, that in this instance, his -pledge of immunity shall be disregarded, unless some new charge can -be substantiated, we view the detestation so unaffectedly expressed -by the public towards the whole gang, as consolatory to humanity. -Had criminals, with hands so deeply dyed in blood, found even one -commiserator or advocate beyond the walls of the Court of Justice—had -any man ventured to whisper that the crimes which they have perpetrated -are not worthy of death—nay, had not the whole nation lifted up -its voice, and declared, that even death itself was but a miserable -atonement for crimes so monstrous, we should have regarded it as a -national disgrace. It is to be hoped, however, that this laudable -spirit will not degenerate into tumultuary violence. The authorities, -we are satisfied, will not relax their efforts to develope the whole -of these sanguinary atrocities; and, if the correspondence which is -at present carrying on between the Lord Advocate and the teachers of -anatomy should, in conjunction with other investigations in progress, -lead to the inculpation, in the remotest way, of any individual, we -are satisfied that nothing will shield the culprit from the vengeance -of the law, be his rank or previous respectability what it may. As yet -only one individual of that body has been in any way implicated in -these horrible transactions; and we know that a feeling is prevalent -that he has been treated with greater delicacy than he deserves; -but the culpability of one man must not be received as condemnatory -evidence against a whole tribe. An earnest desire is entertained by the -teachers of anatomy that the fullest investigation should take place; -and if criminal<span class="pagenum" id="Page_159">[159]</span> laxity in the receipt of subjects can be traced to any -particular quarter, an ample exposition will follow. This exposition -they are entitled to demand; for the reputation of the whole fraternity -is perilled by the revolting suspicions which the crimes of their -caterers have engendered.</p> - -<hr class="tb" /> - - -<h4><i>The Caledonian Mercury.</i></h4> - -<p class="center">THE PUBLIC PROSECUTOR AND HIS APOLOGISTS.</p> - -<p><i>Mieux cents ennemis qu’un imprudent ami.</i>—French Proverb.</p> - -<p>The remarks which appeared in our Monday’s publication, on the defence -of the Lord Advocate inserted in a contemporary Journal of Friday -last, have been reviewed, not answered, in the columns of the same -paper of Tuesday; and were it not of the very greatest importance, -at the present moment, that the public should be accurately informed -respecting some of the points at issue, we should have been well -content to leave the subject to the decision of all competent persons, -upon our first and somewhat hurried statement. We trust that we shall -be excused for proceeding at once to deal with the only matters of law -and fact to which the writer has thought proper to advert.</p> - -<p>And, in the first place,—(for the sake of perspicuity, we shall -take the different topics in the same order as formerly)—the writer -reluctantly admits the validity of the argument which we adduced “to -show that had not<span class="pagenum" id="Page_160">[160]</span> the Lord Advocate moved for judgment against Burke, -when found guilty of the last of the three murders charged against him, -it would have been competent to have led evidence of the circumstances -attending the other two.” But he asks, <i>cui bono?</i> “What good -effect could have resulted from the leading of it?” We answer, first, -that it would have redeemed the Lord Advocate’s pledge; and, secondly, -that it would have satisfied the country. Both in replying to the -arguments of the prisoner’s Counsel on the relevancy, and in addressing -the Jury for the Crown, his Lordship distinctly pledged himself to -probe and sift the <i>whole</i> of these murders to the bottom. In the -former case, while contemplating being under the necessity of deserting -the diet against M‘Dougal, owing to the view taken of the indictment by -the Court as containing a <i>cumulatio actionum</i>, and the exercise -of their discretionary power in separating the charges, he said, “The -question is now reduced to one of time and trouble; for if I do not -proceed against her to-day, she will be proceeded against ten days -hence. In such circumstances I shall not certainly insist now on that -woman’s being tried on this indictment. I shall proceed against her -alone, since she now says that being tried on this indictment will -prejudice her case.” And again, almost immediately after, he added, “No -motive shall induce me, for one moment, to listen to any attempt to -smother this case; to tie me down to try <i>one single charge instead -of all the three</i>. I am told that the mind of the public is excited; -if so, <i>are they not entitled to know from the first to the last -of this case</i>; and <i>is it not my duty to go through the whole -of these charges</i>? I would be condemned by the country if I did -not, and what to me is worse <i>I should deserve it</i>.” The Court, -in giving judgment on the relevancy, fully recognised the propriety -of this most distinct<span class="pagenum" id="Page_161">[161]</span> and articulate pledge; for Lord Pitmilly -unequivocally held, that it was competent to try Burke on all the three -charges, and that the Public Prosecutor should proceed with the first -and then with the others. Lord Meadowbank, entirely concurring in this -view, expressed his opinion, that while their Lordships sustained -the indictment, they should “direct the Lord Advocate to proceed -separately in the trial of the different charges.” Lord Mackenzie and -the Lord Justice Clerk acquiesced in this suggestion, and, in fact, -it ultimately became the judgment of the Court. Fortified by such -authority, the Lord Advocate accordingly reiterated his pledge in his -address to the Jury, and in terms equally emphatic and unequivocal. -Now, we would simply ask the writer before us, Was this sacred and -solemn pledge redeemed? Were “all the three” charges tried? Were -they gone through from first to last? Did the Prosecutor do his duty -according to his own view of it, by going “through the whole of these -charges?” He cannot answer in the affirmative. By moving for, and -obtaining judgment against Burke on the conviction under the first -charge, he rendered it impossible for himself to redeem his pledge; -and two of the charges were, in consequence, dismissed without -investigation. Now, was this not an error in judgment, which is all -we ever alleged? Nay, was it not an error calculated to place the -Prosecutor in a very embarrassing position in reference both to his own -pledge and to the public? It is true the apologist says that trying -Burke upon the first and second charges, after he had been convicted -on the third, would have been “like pouring water on a drowned mouse.” -But we cannot say we admire either the elegance or the felicity of -this illustration. The question is not one that concerned Burke, whose -fate was in fact determined by the conviction<span class="pagenum" id="Page_162">[162]</span> under the third charge. -It concerned the Lord Advocate and the country alone; the former as -having become bound to try “all the three” charges; and the latter -as, by his Lordship’s admission, “entitled to know them from first to -last,”—a knowledge which his Lordship conceived it to be his “duty” -to afford, and which he would be deservedly condemned by the country -if he did <i>not</i> afford. But the writer adds, that taking any -further proceedings was calculated “to excite the feelings of the -public unnecessarily and without object.” We are really surprised that -any person could have been found short-sighted and ignorant enough -to hazard such an assertion. What! was the exposure of one murder, -and the quashing of all investigation into the circumstances of other -two, calculated to <i>allay</i> the excitement of the public mind; or -rather, was it not calculated to produce the very opposite effect? A -corner of the veil only had been lifted up; a glimpse merely had been -given of crimes which this very writer himself describes as “destined -in point of atrocity, to stand alone, and in advance of every other -that man has hitherto been known to commit,” and as covering up from -the view “the very outposts and limits of human wickedness;” and -then the curtain was suffered to drop on others which it was equally -necessary that the public should know, and which they were equally -“entitled” to have fully and thoroughly brought to light: this was the -course pursued; ample scope was given for the imagination to work, -under the influence of an undefined apprehension; and yet we are -gravely told that this was the most approved mode which could have been -adopted to prevent an unnecessary excitation of public feeling! Has it -been attended, we would ask, with any such results?</p> - -<p><span class="pagenum" id="Page_163">[163]</span></p> - -<p>Next, as to the unquestionable title of Daft Jamie’s mother to -prosecute Hare for the murder of her son, with concourse of the -Lord Advocate, which concurrence his Lordship may be compelled to -give, our learned opponent remarks, that “this seems very novel -doctrine.” We certainly do not hold ourselves bound to instruct our -opponent in the first principles of criminal law; but, for the sake -of a public purpose, we shall endeavour to show that the doctrine -we maintain, so far from being “novel,” is <i>tritissimi juris</i>, -one of the most common and most thoroughly settled principles in -our criminal code. To entitle a private party to prosecute, he must -have an <i>interest</i>, not remote or feeble, but immediate and -powerful in the cause; the wrongs alleged must be wrongs done to -the <i>person</i>, and “of a high and aggravated kind, such as may -naturally excite strong feelings of anguish and resentment in the minds -of the <i>kindred</i> of the sufferer;” an oath of calumny must be -taken by the prosecutor, if required by the party accused; caution must -be found to insist in the prosecution; and the law also subjects the -private prosecutor in expenses, and even in penalties, if he insist in -a groundless or malicious accusation. Now has not the mother of Daft -Jamie an <i>interest</i> in the prosecution we point at? Was there -not a wrong done to the <i>person</i> of her innocent child who was -foully murdered? May she not with perfect safety take the oath <i>de -calumnia</i>, if required? And is it impossible for her to find caution -to insist, and to find means to defray the expense of the prosecution? -The public, with their usual generosity, will, we doubt not, give a -practical answer to the last of these queries; and as to the others, we -profess ourselves unable to discover that we have proponed any “novel -doctrine.”</p> - -<p><span class="pagenum" id="Page_164">[164]</span></p> - -<p>Again, we said the Lord Advocate might be compelled to grant his -concurrence in such circumstances; and we think Mr. Burnett and Mr. -Baron Hume will amply bear out our assertion. The former, after stating -at length the conditions above briefly indicated, says, it is perfectly -understood “that his Majesty’s Advocate <i>cannot refuse</i> his -concourse, and <i>may be compelled to give it</i>, in all cases where -the complaint of a private party is founded on a known and relevant -<i>point of dittay</i>, (murder for example) and as to which he has -<i>prima facie</i> a <i>title</i> to insist.” pp. 306–7.—And Mr. Baron -Hume is, if possible, still more explicit on the point. After stating -that the Lord Advocate may refuse his concourse, if it be asked to a -charge of witchcraft, which a statute has expunged from the list of -crimes, or of treason for which no private party can prosecute, or of -murder at the instance of some stranger, who does not even allege that -he is anywise related to the deceased, he goes on to say, “On the other -side, certainly the Lord Advocate is not the absolute and accountable -judge on such occasions; but is subject to the control and direction of -the Court, <i>who will oblige him to produce and justify the grounds -of his refusal to concur</i>. Nay more; except in such extraordinary -situations as those above supposed, <i>he shall not even be allowed -to engage in any inquiry concerning the merits of the case, the -propriety of the prosecution, the form of the action, the sufficiency -of the title, or the like</i>, <span class="allsmcap">BUT SHALL BE ORDAINED TO COMPLY -STRAIGHTWAY</span>; <i>leaving the discussion of these matters for the -proper place and season, after the libel shall be in Court</i>.” Vol. -II. pp. 123–24. Lord Alemore’s opinion, given on the complaint of Sir -John Gordon against his Majesty’s Advocate, June 21, 1706, is equally -precise: “Had the Advocate refused his concourse, <i>he might have been -compelled to give it</i>, for everyone is entitled to<span class="pagenum" id="Page_165">[165]</span> justice; but he -cannot be forced to prosecute.” Maclaurin, p. 298. Is there any “novel -doctrine” in all this?</p> - -<p>But our opponent endeavours to complicate the matter by most -disingenuously attributing to us a statement which we never made, or -even so much as dreamt of, namely, that the mother of Daft Jamie, -“<i>taking advantage of the disclosures made by the infamous Hare, -under</i> <span class="allsmcap">PROMISE</span> <i>of pardon</i>,” is entitled to prosecute -him with the concurrence of the Lord Advocate. The artifice is paltry -enough; but our answer is, that the rights of the private party, who, -as such, “is entitled to justice,” cannot be in any manner of way læsed -or impaired, far less destroyed by any previous proceedings of the -Prosecutor, in his public capacity; especially when these proceedings -are in the eye of the law illegal, and only winked at upon a principle -of utility or general expediency. What, in the name of common sense, -of reason, and of law, had the mother of Daft Jamie to do with the -disclosures made by Hare to the Lord Advocate “under <i>promise</i> -of pardon?” That “promise” may be good against his Lordship himself; -but it is utterly monstrous to pretend that it can in any way affect -the rights of a private party who comes forward to prosecute; which it -would unquestionably do, in the most serious manner, were his Lordship -to be held entitled, in virtue of that most injudicious promise, to -refuse his concurrence. Nay, we maintain, on the authority of Mr. Baron -Hume, that it would be illegal in the Lord Advocate, when his concourse -was applied for, to take any such circumstance into his consideration -at all; for it is expressly laid down in the passage already quoted, -that his Lordship “shall not even be allowed to engage in any inquiry -concerning the <i>merits</i><span class="pagenum" id="Page_166">[166]</span> of the case; the <i>propriety</i> of the -prosecution, the <i>form</i> of the action, the <i>sufficiency</i> of -the title, or <i>the like</i>; all these are <i>jus tertii</i> to him;” -and, accordingly, the Court would “ordain him to comply straightway; -leaving the discussion of these matters for the proper place and -season, after the libel shall be in Court.” This, we should think, -is not very “novel doctrine;” and as no man, we are assured, “would -be more happy to think our reasoning without flaw, than the Lord -Advocate,” (which we well believe,) we humbly hope that the exposition -we have now given will be found to answer that condition.</p> - -<p>These then are the main points of our case; and we flatter ourselves -that we have made them out. But as we are resolved to engage in no -further controversy on the subject, and therefore wish to clear off -our score at once, we shall take the liberty of adverting, before we -conclude, to one or two points of secondary importance, on which our -opponent strenuously insists.</p> - -<p>And, in the first place, he persists in maintaining that “had Hare -and his wife not been witnesses, there is the <i>best reason for -supposing</i> that the conviction of none of the four would have been -obtained.” We would have been much better pleased, however, had this -incurious apologist condescended to inform us in what this “best reason -for supposing” consisted; as we confess our own inability to discover -a shadow of “reason” for the “supposition” so gratuitously made. -The point, we are well aware, is an important one for our opponent; -because, unless he can make out that there was no case against Burke, -without the evidence of Hare and his wife; in other words, disprove our -argument that there was sufficient testimony to convict without the -evidence of the<span class="pagenum" id="Page_167">[167]</span> accomplices at all, then our conclusion is inevitable, -that Hare and his wife ought to have been at the bar, and not in the -witness-box. But, strange to say, although the point at issue is so -important to the justification which our adversary labours to make -out, he has not ventured to bring forward a single argument, or show -a vestige of “reason” or authority, for the opinion he so strenuously -asserts. We shall not, however, follow his example in this respect, -but state as shortly as possible the grounds upon which we hold that -Hare and his wife ought to have been placed at the bar beside Burke and -M‘Dougal.</p> - -<p>The testimony of a <i>socius criminis</i> is good in law only in so far -as it is corroborated by other testimony perfectly unexceptionable, -or by circumstances of real evidence; and where it stands alone and -unsupported, it is the duty of the presiding Judge to direct the -Jury to pay no attention whatever to it. Let us apply this test to -the evidence of Hare and his wife, and observe to what conclusion it -will lead. The former, wherever he spoke to circumstances which fell -within the knowledge of unexceptionable witnesses, differed from, or -rather was flatly contradicted by them; and consequently his evidence -in regard to these was of no avail whatever, except to impeach his -own credibility. Again, he was contradicted by his wife in respect to -several of the occurrences in Burke’s and Connaway’s on the evening -of the murder; and both were contradicted in regard to other matters -in which they agreed, by the unexceptionable witnesses. As to what -they said in regard to matters concerning which no other person could -speak, they stood alone and unsupported, and of course were not in law -entitled to be believed; while they were farther discredited by the<span class="pagenum" id="Page_168">[168]</span> -want of all corroboration in regard to circumstances spoken to equally -by them, and by the unexceptionable witnesses. How then was it possible -that any weight whatever could be attached to such evidence, either -by the Court or the Jury, particularly the latter? Two miscreants, -whose only title to be believed was their having been engaged in the -commission of three murders, are adduced as witnesses to speak to -one of them, and wherever their testimony is susceptible of being -corroborated, it is flatly and pointedly contradicted by persons who -are above all suspicion; and where it stands alone and unsupported, it -is in the eye of the law worth nothing. Why, then, were such witnesses -adduced at all? They were not necessary, because their testimony was -not and could not be believed; and, in point of fact, their depositions -served no other purpose, except to enable the Dean of Faculty to plead -what would have been otherwise nearly an unpleaded case, and to point -out such a formidable array of flagrant contradictions as to shake -the minds of the Jury in regard to the effect of the unchallenged and -unchallengeable testimony. The case, therefore, was, in point of fact, -made out against Burke by other evidence than that of Hare and his -wife; and as the same evidence which led to the conviction of Burke, -would have also led to the conviction of Hare at least, we have again -to submit that that hideous wretch, if not also his wife, ought to have -been placed at the bar beside his brother murderer.</p> - -<p>We are accused of having blamed the Lord Advocate “for not having -possessed the gift of second-sight;” and various other follies which -seem to have entered the imagination of our opponent, when heated -with his subject, are also laid to our charge. To these, however, we -disdain<span class="pagenum" id="Page_169">[169]</span> to offer any reply. We can well believe that the case opened -upon his Lordship gradually, and that, had he now to retrace his steps, -he would, in many respects, act differently from what he has done. With -the very best intentions in the world, a Prosecutor may be placed in -such circumstances as almost inevitably to lead him to bungle a case: -but surely it can be no very heinous offence to point out such errors -as a warning for the future, and at the same time to show how even -at present they may be in a great measure remedied.—“The very head -and front of our offending hath this extent—no more.” It is true, -we called for further investigation, and we did our best to indicate -what channels ought to be explored. That call has been answered, and -inquiries have been set on foot which can scarcely fail to lead to -important results. In regard to the nature of these inquiries, or the -facts which have been elicited, we are for the present dumb. Our object -is to aid, not to thwart, the progress of judicial investigation; and -no wish to gratify the public curiosity, or any other motive indeed -shall induce us to breathe a whisper calculated to defeat the great -and necessary purpose which the Public Prosecutor is now labouring so -zealously to accomplish.</p> - -<p>In order to give a connected account of the preliminary legal -proceedings respecting the contemplated trial of Hare, we shall delay -introducing the subject at present. In a future number a detail of the -whole proceedings will be given.</p> - -<p><span class="pagenum" id="Page_170">[170]</span></p> - -<p>We now proceed to detail the particulars which we have carefully -collected, with respect to the lives and characters of the several -individuals who have been concerned in these nefarious transactions. Of -these, the first we shall notice is,</p> - -<h2 class="nobreak normal">WILLIAM BURKE.</h2> - - -<p>We can pledge ourselves that every circumstance that is here narrated, -has been obtained from such sources as to leave no doubt of its -authenticity; it will be seen that while this memoir is a great deal -fuller than any one that has appeared, it is also dissimilar, in many -particulars, to the disjointed fragments that have been from time to -time published; how these have been obtained, we cannot say, but we -can aver that this account has been received from sources which may be -relied on, and much of it from the unhappy man himself, indeed so much -as to entitle us to say that it is almost his own account.</p> - -<p><span class="smcap">William Burke</span>, whose crimes have condemned him to an -ignominious death on the scaffold, describes himself, in his judicial -declaration, emitted before the Sheriff-substitute of Edinburghshire, -in relation to the cause for which he was tried, as being thirty-six -years of age. He was born in the parish of Orrey, near Strabane, -county of Tyrone, in Ireland, about the year 1792. His parents were -poor, but industrious and respectable in their station, which was that -of cottiers, occupying, like the most of the peasantry of Ireland, a -small piece of ground. The Irish are remarkable for the avidity with -which they seek education for their children, under circumstances -in which it is not easily attainable. The parents of Burke seem to -have been actuated by this laudable<span class="pagenum" id="Page_171">[171]</span> desire, as both William and his -brother Constantine, must have received the elements of what, in their -condition, may be called a good education, and superior to what usually -falls to the lot of children in their rank in Ireland. He was educated -in the Roman Catholic faith, which he has ever since nominally adhered -to, though with little observance of its doctrines or ceremonies. He -is by no means, however, a person of the brutal ignorance or stupid -indifference that his callously continuing in a course of unparalleled -wickedness, apparently without compunction, would betoken. He has -sinned deeply, but it has not been altogether against knowledge, as he -could at times put on a semblance of devotion; and during the fits of -hypocrisy, or it may be, starts of better feeling, before he became -so miserably depraved, his conversation was that of a man by no means -ignorant of the truths of Christianity, and such even as to lead -some to imagine him seriously concerned about his eternal salvation. -During one of these temporary ebullitions about five years ago, he -became an attendant on a prayer-meeting held on the Sabbath evenings -in the Grassmarket. He was, for some time, remarked as one of its most -regular and intelligent members. He never omitted one of its meetings, -and expressed much regret when it was discontinued. As a Catholic, he -was considered wonderfully free from prejudice, frankly entering into -discussions upon the doctrines of his church, or those of other sects, -with whose tenets he showed some acquaintance.</p> - -<p>He read the Scriptures, particularly the New Testament, and other -religious books, and discussed their merits. On a Sabbath, especially -though he never attended a place of worship, he was seldom to be seen -without a Bible, or some book of devotion in his hands.</p> - -<p><span class="pagenum" id="Page_172">[172]</span></p> - -<p>At that time no one of his acquaintances would have admitted the idea -for a moment that he was capable of committing such infamous crimes, -and probably his own mind would have revolted at the contemplation of -such enormities; but a continued indulgence in sin produced in him its -never failing consequences in hardening and deadening the heart, and -fitting it for the perpetration of deeds, which a little before the -sinner would have shuddered at.</p> - -<p>Burke was remarked to be of a very social and agreeable disposition, -with a great turn for raillery and jocularity, and what from his after -proceedings could scarcely have been supposed, was distinguished not -only as a man of peculiarly quiet and inoffensive manners, but even as -evincing a great degree of humanity. Of this <i>softness of heart</i>, -a singular instance is given by an acquaintance and near neighbour, -whose child Burke was remarkably fond of, and used to caress much. The -little boy chanced, during the time he lodged in the neighbourhood, to -be afflicted with a tumour and gathering on the neck, and his mother -took him to a neighbouring dispensary. The medical attendants there -considered it advisable to open the gathering, which was done. Upon the -mother’s return home with the child, she informed Burke of what had -taken place; he appeared very much affected at the recital, and said -repeatedly that he could not have witnessed the operation; that the -mention of it made his flesh creep, and expressed great surprise that -the mother could be so cruel as to permit and witness it.</p> - -<p>At an after period, in Peebles, he still made considerable pretensions -to religion, as the subjoined note testifies.<a id="FNanchor_3" href="#Footnote_3" class="fnanchor">[3]</a><span class="pagenum" id="Page_173">[173]</span> It is from an -intelligent correspondent of the Saturday Evening Post, who mentions, -“On my first visit to his house, he had one or two religious books -lying near him, which he said he read; being at that time confined by -a sore leg.” Somewhat inconsistent with this pretended sanctity, is -the other part of the intelligence, that, “on Saturday nights, and the -Sabbath days, his house was the scene of riot and drunkenness with -the lowest of his countrymen.” In his confessions, published in the -Caledonian Mercury, the following testimony, borne by himself, as to -his religious feelings, appears:</p> - - -<p>“He states, that while in Ireland, his mind was under<span class="pagenum" id="Page_174">[174]</span> the influence -of religious impressions, and that he was accustomed to read his -catechism, and his prayer-book, and to attend to his duties.”</p> - -<p>All his pretensions, however, seem to have had but little influence -on his life and conversation, as he was all the time living in the -flagrant violation of the plainest dictates of religion, a drunkard, -blasphemer, and adulterer.</p> - -<p>Burke originally worked as a labourer about his native place, assisting -his father, and living in his house, until he attained the age of -eighteen, when he left him. He then went as servant to a gentleman -in the neighbourhood, but after being one year in this capacity, the -gentleman died, when he was obliged to seek other employment.</p> - -<p>At the age of nineteen, he entered the Donegal militia as a substitute, -and served in it as a private soldier for seven years. In this -regiment, his brother Constantine held the rank of a non-commissioned -officer. During the greater part of his service, he acted in the -capacity of an officer’s servant; and from the propriety with which he -acquitted himself, gained considerable respect.</p> - -<p>It was at this period that he became acquainted with a young woman, of -a respectable character, in Ballina, county of Mayo, to whom, after -some time, he was regularly married. By her, he had seven children, -of whom some were still-born. All of them, excepting one boy, are now -dead. His wife still survives, and resides with her father in Ireland.</p> - -<p>It is probable, that notwithstanding her good character, the connection -was not a very comfortable one for<span class="pagenum" id="Page_175">[175]</span> her. He proved unfaithful to -her; and this is a vice which must have marred their domestic -happiness. Indeed, even at his best time, he appears to have displayed -considerable laxity in his intercourse with women.</p> - -<p>At the general peace, his regiment was disbanded, along with the rest -of the militia forces. He then went with his family to reside in the -county Mayo, in the neighbourhood of his father-in-law. He was also in -the same class as Burke’s parents, and possessed a small farm, which, -in conformity with the custom in Ireland, he was willing to parcel out -to his family and connections. The system pursued in that country, of -the lessee or tacksman, of what originally is, perhaps, a very small -farm, sub-leasing miserable portions of it to an indefinite number of -retainers, is now so universally understood, that it is unnecessary -here to explain it. In a country swarming with an unemployed -population, and when so many additional claimants for the most wretched -patch of potatoe ground, had been superadded by the reduction of the -army, to the already redundant population, it must have been no slight -good fortune in Burke, to find a father-in-law whose farm could still -afford sustenance for another family. He does not seem, however, -to have been contented with the permission that was allowed him to -cultivate, from year to year, for his own behoof, the share that was -allotted to his use, and insisted upon having a lease granted him. This -the old man peremptorily refused, on the allegation, that his object, -after obtaining the lease, was to sell it and desert his family. This -difference led to squabbling between them; and after it had continued -for some time, Burke finding that there was no probability of gaining -his point, abandoned the project, and deserted his wife and family.</p> - -<p><span class="pagenum" id="Page_176">[176]</span></p> - -<p>After taking leave of his parents, he came to Scotland in 1817 or 1818. -He then engaged as a labourer, on the cutting of the Union Canal, soon -after its commencement; and subsequently wrote to his wife in Ireland, -but she would not receive the letter. After some time it was returned -to him, and with this, all intercourse with his family ceased, never to -be renewed. He has ever since, however, spoken in respectful terms of -his wife, and several times expressed an intention, when he could get -matters arranged, of returning to her; but motives are seldom wanting, -for a continued indulgence in a favourite sin, and want of clothes, -to make a respectable appearance, when he joined her, or some other -frivolous pretence, constantly diverted him from his purpose.</p> - -<p>While employed upon the Union Canal, he accidentally met the woman -M‘Dougal at the village of Middiston in Stirlingshire, where she was -residing with her father after the death of her husband. The story told -of his falling in with her on the streets of Glasgow is incorrect. An -intimacy was speedily formed, and about a year from the commencement -of their correspondence, they agreed to live as man and wife, and have -done so ever since.</p> - -<p>A similarity of disposition seems to have produced a corresponding -affection, and the sympathy that attracted them to each other -appears still to have outlived all their quarrels and the ill usage -he subjected her to. They have expressed great attachment to each -other since his conviction. It is understood that an account of his -connection with M‘Dougal, while his wife was still alive, having -been made to the priest of his religion, he was<span class="pagenum" id="Page_177">[177]</span> first admonished, -and recommended to return to her, and upon his refusal to do so, was -excommunicated. This may perhaps in some measure explain his not -attending chapel while his religious fits were upon him.</p> - -<p>He, after the completion of the canal, came, along with M‘Dougal, to -reside in Edinburgh, and engaged in the petty trafficking in various -sorts of merchandise practised by many of his countrymen, travelling -about the country in prosecution of his trade. He dealt in different -sorts of pedlary wares, old clothes, &c. and collected skins, human -hair, &c. in the country.</p> - -<p>During the work on the canal, he had been noted among the other -labourers as of a particularly handy active turn, and skilful in -cobbling, in a rude way, his own and the shoes of his acquaintances. -After his subsequent settlement in Edinburgh, he turned his talent to -some account; and though he never had learned the craft and mystery of -shoemaking, contrived to gain from fifteen to twenty shillings a week -by his new acquirement. His practice was to purchase quantities of old -shoes, and, after cobbling them in the best fashion he could, to send -M‘Dougal to hawk them about among the colliers and poor people of her -native district.</p> - -<p>At this time he lodged in the house of an Irishman named Michael, or -more commonly Mikey Culzean, in the West Port, who kept a lodging-house -for beggars and vagrants, similar to the one which Hare’s crime has -made so familiar to the public,—in the language of the classes who -frequent them,—a <i>beggars’ Hotel</i>.</p> - -<p>Many will probably recollect of a fire happening in one of these abodes -of wretchedness about six years ago,<span class="pagenum" id="Page_178">[178]</span> when incredible numbers emerged -from the miserable hovels. In this conflagration Mikey’s dwelling -suffered, and Burke and M‘Dougal escaped from the flames nearly naked, -and with the loss of all the little property they possessed. Some -charitable individuals contributed to procure clothes and necessaries -for the sufferers, and they received some relief by the hands of the -Rev. Dr. Dickson, one of the ministers of the parish. By this disaster -he lost his library; and though it is somewhat surprising to hear -at all of a collection of books under such circumstances, it is not -the less so when the names of some of the works are mentioned. Among -them were, Ambrose’s Looking unto Jesus, Boston’s Human Nature in its -Fourfold State, the Pilgrim’s Progress, and Booth’s Reign of Grace. His -landlord afterwards took a room in Brown’s Close, Grassmarket, where -Burke also again went as a lodger.</p> - -<p>It was at this time that he attended the religious meeting we have -previously mentioned, which was held in the next apartment to the one -in which he lodged. During his attendance he was always perfectly -decorous in his deportment, and when engaged in worship had an air of -great seriousness and devotion. The conductor and frequenters of it had -formerly been subjected to much obloquy, and even violence, from the -Catholics who abounded in that neighbourhood; and one evening, after -Burke’s attendance on it, his landlord, Mikey Culzean, attempted to -create annoyance, by breaking through some sheets of paper which were -used to cover up an old window, and crying out in a voice of derision, -“that the performance was just going to begin.” Burke expressed himself -in indignant terms on the occasion, saying, that it was shameful and -unworthy of a man to behave in such a manner.</p> - -<p><span class="pagenum" id="Page_179">[179]</span></p> - -<p>From the general aversion to the meeting so unequivocally manifested -by the Catholics, and Burke being universally known to belong to that -persuasion, his frequent attendance on it, and reverential behaviour, -excited the more notice. It was usual for him to remain conversing -with the individual in whose house they assembled after the others -had dispersed; and on these occasions the subjects that had occupied -their attention during the service naturally were often talked over. -His conversation was generally such as to show that he had been -attentive to what was passing, and comprehended the topics brought -under his notice. Since his conviction he has adverted frequently to -the subject, and deplored that the meetings had been discontinued, -as even this imperfect form of public worship had a tendency to keep -him from flagrant sin. He has kept in his recollection, and mentioned -after condemnation, an expression which was used in one of the -exhortations—“that there was no standing still in sin.” His career -of guilt, gradually advancing in the commission of crime, until the -violation of every human and Divine law led him to most flagrant -enormities, has awakened him, by bitter experience, to give his -unwilling testimony to the justice of the remark.</p> - -<p>During his residence in this neighbourhood, he gave no indications of -any thing that would lead people to anticipate his future enormities. -He was industrious and serviceable, inoffensive and playful in his -manner, and was never observed to drink to excess. He was very fond -of music and singing, in which he excelled, and during his melancholy -moods was most frequently found chanting some favourite plaintive -air. All these qualifications, and his obliging manner, joined to -a particularly jocular quizzical character, with an interminable<span class="pagenum" id="Page_180">[180]</span> -fund of low humour and drollery, rendered him a general favourite. -His custom was to take a walk almost daily along the streets with an -acquaintance, and freely to interfere in any thing which occurred to -indulge his humour. Some of these occurrences are still recollected by -his companions in his perambulations, a specimen of which, as every -thing concerning him now seems to possess interest, may be given. In -passing along the Cowgate on one occasion, his musical ear was annoyed -by the continued inharmonious cry of an itinerant vender of salt. Upon -her approaching him still nearer, the annoyance reached its climax by -her drawling out in discordant sounds her reiteration of “<i>wha’ll buy -saut</i>;” though flinching under it, he turned and replied with his -usual politeness, “Upon my word I do not know, but if you will ask that -woman standing gaping at the door opposite, she will perhaps be able to -inform you.”</p> - -<p>On another occasion, when attacked by a girl of the town in the -High Street, instead of replying directly to her solicitations, to -the astonishment of the unfortunate girl, he commenced a torrent of -abuse, on account of the awkward style in which she had painted her -face, saying that he might have passed over the painting, had it -been properly done; but that it was shameful to come to the street, -bedaubed in such an unskilful manner. Such was the humour with which -he continued his remonstrance, that the rude laugh of the crowd was -effectually directed against the amazed girl, and she was glad, by a -hasty retreat, to save herself from farther ridicule.</p> - -<p>Though his conduct was such as has been described, and even to his -paramour, notwithstanding her irregular habits, partook most frequently -of his general character.<span class="pagenum" id="Page_181">[181]</span> Yet on several occasions, he subjected her -to ill usage, or sometimes rather, perhaps, returned her violence, -by relentlessly beating her. A fruitful source of quarrels, was his -propensity for the company of loose women, which, when exhibited, -never failed to rouse her jealousy. The most common subject of it, was -a near connection of her own, whose virtue was not of an immaculate -description. She was, however, a great favourite of Burke’s and often -was introduced into the house. In one of these squabbles, a result -was nearly produced, which might have terminated both their lives, in -a somewhat less notorious manner, than his is likely to be, though -more conducive to the public safety, than his after impunity was, and -exhibits the latent savageness of his disposition, notwithstanding the -fair exterior. One evening, Burke, M‘Dougal, and the female already -mentioned, had gone to bed together. In the night, some jealousy had -arisen between them, and a battle was the consequence. So long as -the conflict was maintained on nearly equal terms, Burke contented -himself with witnessing it; but, when the elder virago was likely to -master the young one, he rose out of bed, and interfered in behalf of -his favourite. His interposition speedily turned the scale, and he -inflicted an unmerciful thrashing upon M‘Dougal. The neighbours who -had heard the uproar, but as usual, were backward in interfering, were -now alarmed by the cries of an interesting little girl, a daughter -of M‘Dougal’s by her former husband, who lived with them, and who -entreated them to assist her mother, as William Burke was murdering -her. Upon hastily rising and opening their doors, they found M‘Dougal -extended on the floor of the passage, apparently lifeless, with her -brutal companion standing by, contemplating her. After some time, she -exhibited signs<span class="pagenum" id="Page_182">[182]</span> of life, when, again seizing her by the hair, and -uttering a horrid imprecation, he exclaimed, “There is life in her -yet,” and dashed her head violently on the floor. The police watchmen -had by this time, been made aware of the noise, and arrived immediately -after this fresh inhumanity. Upon asking Burke, if the woman was his -wife, he again assumed his usual mild manner, and in an insinuating -tone said, “Yes, gentlemen, she is my wife.”</p> - -<p>After living for a year in Brown’s Close, he removed, still as -Culzean’s lodger, to Swan’s Close on the opposite side of the -Grassmarket, where he resided for some time still cobbling and pursuing -the same course of conduct. About this time, his acquaintance with the -individual who has furnished us with some of the above particulars, -suffered an interruption. Burke, although so liberal in his intercourse -with Protestants, had still enough of Catholic feeling, as to take -exceptions to his friend’s attending Orange lodges, and a coolness in -consequence ensued.</p> - -<p>After leaving Swan’s Close, he went to Peebles, where he settled for -some years. He was employed there as a labourer, and went daily to -road-making in the neighbourhood of Innerleithen.</p> - -<p>Here, although he still maintained some pretensions to religion, we can -trace a gradual deterioration in his character. From the note formerly -given, it will be seen that he was now distinguished for keeping -suspicious hours, and that his house was the resort of profligate -characters, and noted as the scene of drunkenness and rioting, -especially on Saturday nights and Sundays.</p> - -<p><span class="pagenum" id="Page_183">[183]</span></p> - -<p>From thence he went to Pennicuik, where his conduct and occupation -were much the same, working generally as a labourer, and occasionally -following his self-taught occupation of mending shoes.</p> - -<p>After the harvest of 1827, he, still accompanied by M‘Dougal, came -again to reside in Edinburgh, and it was at this time that he first -became acquainted with the monster Hare, who was his tempter to these -unhallowed deeds, and his teacher, as well as seducer. He came to live -in Hare’s house in Tanner’s Close, West Port, which was kept as a -lodging-house by his wife, under the name of her former husband Log. -In this abode of profligacy and vice—the resort of vagabonds of every -description, and the theatre of continued brawling and drunkenness, it -is not surprising that every trace of decent feeling that might still -have lingered about him should speedily be dispelled, and his mind be -properly tutored and prepared for the commencement of the murderous -trade in which he so ruthlessly continued for nearly twelve months.</p> - -<p>An intimacy was speedily contracted between Hare and him, and to show -the vile footing on which the two families lived, we may here relate -an anecdote which was communicated by a respectable neighbour of -theirs, who called on Burke with the intention of giving him a job as -a cobbler. He found Hare most brutally beating the woman M‘Dougal, who -was lying on the floor, and Burke unconcernedly sitting at the window. -He asked Burke why he suffered another man to beat his wife? to which -he replied, “She well deserved all she was getting.”</p> - -<p>Burke still, however, maintained a more respectable character than any -of his partners; Hare was a rude<span class="pagenum" id="Page_184">[184]</span> and ferocious ruffian; his wife was -a meet companion for him; and M‘Dougal was very little behind them -in drunkenness and profanity. He continued, (unlike the other three) -to work a little at his business, in the inner small apartment. The -person who now shows Hare’s house is, along with his other avocations, -a dealer in old shoes, and used to employ him to mend them up for sale. -The stock of boots and shoes which was found in Burke’s house upon -their arrest, and which excited so much speculation, belonged to him.</p> - -<p>Previously to his becoming an inmate in Hare’s dwelling, he had been -in the habit of engaging in harvest work, first at Mr. Howden’s, an -extensive farmer in East Lothian, and subsequently with Mr. Edington, -farmer at Carlinden, near Carnwath, where Burke and Hare, with their -two women, wrought last harvest.</p> - -<p>Of Burke, it had been observed, that he seemed to be a polite, -obliging, and industrious person. In rainy weather, while the reapers -could not work in the fields, it was usual for him to find out some -useful service, which he performed at the farm-steading; so that he -was seldom, if ever, idle. Whenever it happened that a servant had any -heavy article to lift, he, of all the harvest people assembled in the -kitchen, was the foremost to offer his assistance. On a young woman’s -mentioning that she had never seen Edinburgh, the same courteous Burke -invited her to town, saying, that he would give her a lodging in his -own house, and that he would show her the city; but, fortunately, she -never had an opportunity of availing herself of his kindness. After a -stay of a few days at Carlinden, a letter arrived, which was said to -announce the illness of a child of Hare’s, in<span class="pagenum" id="Page_185">[185]</span> Edinburgh; the parents -began to arrange for their returning homeward, when M‘Dougal remarked, -that “if Hare goes, William Burke will go too, for they are like -brothers, and cannot be separated.” Accordingly, all the four went off -together.</p> - -<p>While he resided in the West Port, he was remarked to be a very early -riser, frequently appearing on the streets in his working dress, on a -summer morning by three or four o’clock; some who were also on foot -at these early hours, used to observe him, and taunt the shoemakers -of the West Port with the observation that the Irish lad was the most -industrious man among them. It is probable that this activity was for a -very different purpose to what was suspected.</p> - -<p>The first dealing in subjects commenced in a manner which few would -be inclined to visit with very great reprehension, and had the pair -throughout confined themselves to similar exploits, they would probably -have been regarded as adroit and ingenious knaves, perhaps more -beneficially employed in furnishing the necessary supply of subjects -in a manner which harmed no one, than from their bad habits they were -likely otherwise to be.</p> - -<p>In December 1827, the natural death of a lodger happened in Hare’s -house,—not of a woman, as has been erroneously stated, but of a very -tall and stout man, a pensioner who led a dissipated good-for-nothing -life. His debauched habits sufficiently account for his death, while -yet in the vigour of life, without any suspicion of unfair agency being -aroused.</p> - -<p>After his decease, the ordinary observances were gone<span class="pagenum" id="Page_186">[186]</span> through, and all -matters fitly prepared for the funeral; a coffin was procured, and the -funeral guests invited, and every thing managed in a decorous manner; -the undertaker came, and while employed in fastening down the lid, was -invited into the other room to recruit his strength by a dram, the -coffin was then uncovered, and the corpse quickly dislodged and made to -change situations with a sack of waste bark which had been previously -procured from a neighbouring tannery. After this, the fastening -proceeded. The coffin was borne out at the appointed time, before the -assembled guests, and with all due solemnity deposited in the Grey -Friars churchyard. The rogues, after the ceremony, proceeded to find -out a purchaser for the body, and so unacquainted were they with the -manner of proceeding, that they did not at first apply to the proper -quarter. Throughout the day, however, they found this out, and at dusk -the subject was conveyed away in the sack which had held the bark, and -was carried on Burke’s back. Their first resting place was at Bristo -Port, where it was set down for a little, when Hare took his share of -the burden. They then took the round-about road of College Street to -Surgeons’ Square. They soon afterwards, however, found out the nearest -way.</p> - -<p>After all that has been said, subjects must be procured for scientific -purposes; the necessity of a young man under a course of education -for surgical practice qualifying himself for his future profession by -anatomical dissections, renders them indispensable, while the very -ordinances and regulations of the College of Surgeons, makes dissection -imperative before he can obtain a diploma or license to follow his -profession. Were all subjects procured in this harmless way, where -neither the feelings of<span class="pagenum" id="Page_187">[187]</span> private friends were outraged, nor public -decency violated, small fault would be found, though the nature of the -traffic would continue still sufficiently revolting to deter all but -ruthless blackguards from embarking in it.</p> - -<p>But after once gaining what to them was a large sum of money, Burke’s -and Hare’s cupidity could not be satisfied with this comparatively -innocent method of supplying their wants. They were apparently too -indolent or inexpert, or lacked courage too much, to adopt the ordinary -but hazardous mode of raising the dead from church-yards. Still, with -this easy, and apparently unlimited means of acquiring money opening to -them, they could not betake themselves again to the pursuits of honest -industry; and, stimulated by the greatness of the reward, and the -prospect of their sensual indulgences being so readily gratified, they -formed the desperate resolution of committing murder, and of continuing -to imbrue their hands in their fellow-mortals’ blood, as their ordinary -and sole means of procuring a livelihood.</p> - -<p>Before commencing the revolting narrative of their appalling crimes, we -may mention, that previous to the period in which they engaged in them, -their neighbours used to observe them only to notice the squalor and -wretchedness of their appearance; but all at once, there was a sudden -change, and Burke and M‘Dougal especially assumed a different aspect. -They appeared well dressed, and spent money freely. Whisky, which -however much it may be relished, can only be procured at intervals by -men in his situation, seemed to be constantly at their command; and -even credit at a neighbouring spirit-dealer and grocer’s, was obtained, -to an extent that almost<span class="pagenum" id="Page_188">[188]</span> no individual in his situation would have -ventured to hope for or request. At this time, Burke mentioned to the -wife of an old acquaintance, whom he met accidentally, that he had -spent fourteen pounds within the last fortnight; and if he had known -where her husband lived, would have been glad to come and spend three -or four pounds in company with him. Of course, all this apparent -affluence was not exhibited, without exciting the speculation of those -who observed it; and they were troublesome in their inquiries into the -secret, that enabled them to live well, and drink continually, without -working. Various were the excuses that were made; for they never -appear to have been at a loss for an answer. On one occasion, when the -question was put to Burke, and suspicions intimated, that he followed -the trade of a resurrection man, he neither would give a denial nor an -affirmative to the proposition, but contented himself with remarking, -that the querist was as bad as the rest. On another, he would ask -Mrs. —— “Can you keep a secret,” and when the curious inquirer, -expecting to be entrusted with the whole mystery, eagerly answered, -“Yes,” he would reply, with an air of secrecy, that he smuggled a -little small-still whisky.</p> - -<p>Nelly M‘Dougal had a different way of accounting for it. She averred -that she had a property in Stirlingshire, which had been left to her by -her former husband, and which produced twenty pounds a year; and that -it was from the rent of it the money came. It was afterwards observed -to her by some of the neighbours, that this story would scarcely -account for their abundant supply of money, as the rents of such -properties, as she described, were usually drawn at definite terms, -and they seemed to get money much more frequently. She then alleged -that the<span class="pagenum" id="Page_189">[189]</span> money was the proceeds of a legacy that had been lately left -her, and that she drew part of it when she pleased. To humour this -story, she used to announce to her acquaintances, from time to time, -that their money was expended, and that she had written off for a -fresh supply. In a few days, accordingly, she intimated that the money -had arrived, and new vigour was imparted to their drunken disorderly -courses.</p> - -<p>It must be perfectly apparent what the dispatching of the letter meant, -and if these proceedings does not amount to a guilty knowledge and -accession to the murders, so far as knowledge of, and sharing in the -proceeds goes, we do not comprehend what can constitute participation.</p> - -<p>At another time she intimated that William [Burke] was the favourite -of a lady in the New Town, who never allowed him to want money, and -sometimes she had known him receive twenty pounds at a time from her.</p> - -<p>Burke states, that Hare and he had often talked over the subject of -murder, and had consulted upon the best mode of effecting it. It may -well be credited, as their first essay seems to have been conducted -with as much coolness and deliberation, as much cautious management in -effecting it, and as little compunction in the execution, as if they -already had been adepts in the art. It was perpetrated on an elderly -woman, belonging to the village of Gilmerton, whom Hare had observed a -little intoxicated on the streets. She was a pensioner to a gentleman -in the New Town, from whom she received 1s. 6d. a week. Hare accosted -her, and easily succeeded in enticing her into his house, here they -gave her spirits to drink, and afterwards Mrs. Hare, purchased, for one -shilling and sixpence, a small<span class="pagenum" id="Page_190">[190]</span> cann of <i>kitchen-fee</i> which she -had received at the house of the gentleman already mentioned. The price -of it was also laid out in liquor, and the poor woman speedily got -altogether intoxicated, and commenced singing in the exuberance of her -mirth. She told them that she had a very fine young daughter at home, -and, with maternal feeling, was loud in her praises. Hare represented -himself as an unmarried man, and said, that upon her representation, -he would marry her daughter: The poor woman readily consented to the -match, when the heartless fiend, expressed great kindness for her, -and alleged that his bride and he could not live without her, and -that when the daughter came home, she must come to reside with them. -She willingly consented to this arrangement, and expressed herself -quite overjoyed at meeting with such a good provision for herself and -daughter, and promised to return and get the marriage consummated. -They took care to ply her well with liquor, in order that being made -completely drunk, she might remain after the other lodgers had departed -in the morning. Next day, the spirits had the effect, and she was sick -and vomited. The monsters had not abandoned their purpose, however, and -after stupifying her with more whisky, when all the others had left the -house, they put her to death in the way they pursued ever afterwards, -by covering and pressing upon the nose and mouth with their hands. The -body was afterwards conveyed to Surgeons’ Square, and the money readily -obtained for it. This happened in December 1827.</p> - -<p>In the whole story, we see none of the hesitations and misgivings of -men engaged in a first attempt, at such a horrible crime; every thing -appears rather like the acts of those, whom long familiarity with a -course of iniquity had rendered completely callous; and yet<span class="pagenum" id="Page_191">[191]</span> there does -not seem any sufficient ground for supposing that either of them had -been engaged in such crimes before. Burke asserts strenuously, that -he never was concerned in like transactions, and expresses his belief -that Hare also was guiltless up to this time, so far as he knows, of -the blood of his fellow-creatures; and, after what has happened, he -assuredly will not be much inclined to favour Hare. This opinion is -also corroborated, when we recollect that they proceeded like novices -in the disposal of the pensioner who died naturally.</p> - -<p>The next unfortunate victim to be inserted in the horrid catalogue was -an Englishman, a travelling pedlar or <i>packman</i>, who had lodged -also in Hare’s house. The process which they had now ascertained to -be most easy and efficacious was also gone through with him. He was -enticed to drink to intoxication at night; and when the house was -cleared, he was suffocated in the usual manner.</p> - -<p>Success in these instances made them more eager, and Burke describes -himself at this time as thirsting continually after his prey.</p> - -<p>A connected or chronological account of their murders cannot now be -obtained; the copartnery kept no books to which reference can be -made, and were not curious in inquiring into their victims’ names or -circumstances; but such distinctive marks of every one of them has been -furnished, as to enable us to lay before our readers some notice of all -the individuals murdered, though it may not perhaps be exactly in the -order in which they occurred; even in this particular, we believe, it -will be found nearly correct. They in all amounted to sixteen; fewer -than what some have asserted, but far above what any one<span class="pagenum" id="Page_192">[192]</span> could have -conceived of before this atrocious system was unveiled. One of this -number was effected by Hare at the time that Burke was absent in the -country; how it was accomplished, remains only known to that demon -himself, as it was only by accident that Burke discovered anything of -it. It has been often said, that there is honour among thieves: this -does not, however, seem to hold good regarding murderers, as Hare -appropriated to himself the price of this subject; and upon being -challenged by Burke for his breach of contract, audaciously asserted -that nothing of the kind had taken place. It was only after his -comrade applied at Surgeons’ Square that the truth transpired. This -is understood to have been the minister’s servant, to which public -attention has been attracted.</p> - -<p>Another, and probably the third one sacrificed, was a dissipated -character, who used to infest the Grassmarket and neighbourhood, called -Mary Haldane; she was enticed into the house, and fell an easy prey; -her previous habits caused her readily to imbibe a sufficient quantity -of ardent spirits, and little difficulty was found in despatching her.</p> - -<p>It is singular, that among their victims should be ranked a mother and -her daughter, and at different times too, but so it is that the child -of this Mary Haldane was kidnapped into the house where her mother had -been formerly murdered—she was unconscious of her mother’s fate, and -was deprived of life in the same way. She was a woman of the town, and -led a very dissolute life; one of her sisters was transported to Botany -Bay not long before the murder of the mother and sister.</p> - -<p>Among the rest, was an old man, who was usually<span class="pagenum" id="Page_193">[193]</span> known by the name -of Joe. He had been a miller, but old age and infirmities had -incapacitated him from working at his trade. In an evil hour he entered -Hare’s lodging-house, and never departed from it; he was also plied -with liquor, and when in a drunken slumber, his breath was stopped.</p> - -<p>Among the other melancholy stories, there is one of a peculiarly -touching description, which Burke, remorseless as he has been, often -talks of, and deplores as the one that hangs heaviest upon his -conscience. It is that of the poor Irishwoman, and her deaf and dumb -grandson, which has been already noticed, though incorrectly, in the -newspapers. The poor woman, with her helpless charge, had been met -by Hare on the street, and though her circumstances as a destitute -country woman, and the protectress of the helpless boy, might have -melted the hardest heart, he does not seem to have felt any compunction -in marking her and her child out for slaughter. She was invited to -the house, and to her seeming, hospitably entertained. She seemed -perfectly well pleased, and even expressed to them the satisfaction -she felt at her good fortune in meeting with a kind countryman, who -behaved so generously to her, and in whose house she could repose safe -from the dangers of this wicked town. But their feelings could not be -touched by such appeals, and the unfortunate woman was put to death at -night, and allowed to remain in bed as if sick or asleep. The youth -did not comprehend what had taken place, but seemed to imagine that -his grandmother was unwell. Next morning he was, almost charitably, -dispatched also. Burke took him upon his knee, and broke his back. He -describes this murder as the one that lies most heavily upon his heart; -and says that he is constantly haunted by the recollection of the -piteous manner in which the boy<span class="pagenum" id="Page_194">[194]</span> looked in his face. The lad was laid -in the bed alongside of his grandmother; and when the time arrived for -conveying them to the dissecting-rooms, the bodies were tumbled into an -old herring barrel.</p> - -<p>A curious incident happened in connection with this murder which had -well nigh put a stop to their career, and, in looking back upon the -circumstances now, it appears astonishing that it should not have led -to a complete discovery of their infamous transactions. The herring -barrel containing the two bodies was placed on a cart. An old horse -which Hare possessed, and which he used in his traffic in fish and -crockery-ware was yoked to it, and the two set out at darkening to -Surgeons’ Square with their cargo. They proceeded along the West -Port, without any thing remarkable happening, but when they reached -the market-place at the entrance to the Grassmarket, the horse -stopped, and, notwithstanding all their efforts, would not proceed -a step farther. It may be easily conceived that they were in a sad -quandary, with nothing before them but instant exposure. As Burke has -since said, they “thought the poor old horse had risen up in judgment -against them.” Unfortunately for the public, though luckily for them, -as it gave them a respite for some time longer, the assembled crowd -were so much engaged in attending to the horse, that none of them -thought of inquiring into the contents of the cart; and when it was -ascertained that nothing could induce the horse to move forward, -two porters were allowed to bear off his burden without attracting -particular observation, and, like M‘Culloch, they bore their load to -the dissecting-rooms without being troubled with any scruple upon the -subject, or once venturing to ask either themselves or their employers -what it was composed of. The miserable horse, which it is probable<span class="pagenum" id="Page_195">[195]</span> age -and hard usage, and insufficient diet, had arrested in its progress, -rather than any suspicions or unwillingness to comply with the assigned -task, was, in revenge for the fright it had given its masters, and the -trouble it had put them to, led to a neighbouring tannery and shot.</p> - -<p>The subjects, however, reached their destination, and, notwithstanding -this untoward event, and the imminent risk the guilty pair had -incurred, the next opportunity found them as eager for slaughter as -if no cause of terror or subject for reflection had occurred: indeed, -by this time probably any feeling of compunction, which appears—if -such ever existed—to have been of a very evanescent description, -had disappeared. They had tasted the sweets of an abundant supply of -money, and ample means of gratifying their sensual appetites, without -the irksome operation of working for the necessary means; and it was -not likely that any temporary alarm would divert them from practices -which supplied all their wants. With their hearts seared, if such an -operation ever was requisite, by the habitude which former crimes had -given them, and assured by the impunity which had hitherto attended -their speculations, it was unlikely that any scruples should assail, -or any dread dismay them. Reflection was quite out of the question. -Hare seems to have been both mentally, from original organization, and -physically from his incessant use of ardent spirits, incapable of it; -and Burke, though possessing a more active and acute mind, was yet -endowed with an unstable rambling disposition, which incapacitated him -from any continuous mental exertion, and besides, at this time he was -in the constant habit of “steeping his senses in forgetfulness,” and at -the same<span class="pagenum" id="Page_196">[196]</span> time banishing reflection and the warnings of conscience, by -the indulgence of his inordinate appetite for stimulants.</p> - -<p>Whatever might be their feelings, or whether they felt at all or -not, the next opportunity found them actively engaged in what had -now assumed the character of a regular trade. The narration must be -proceeded in, and the disgusting catalogue gone through, however -revolting to humanity, and we hasten to lay before our readers the -remainder of the intelligence we have obtained respecting these murders.</p> - -<p>Another one was effected upon the body of a poor old woman who had -unhappily drank too freely, and not being in a condition to behave -discreetly, had subjected herself to the surveillance of the police, -who, as a last resource, were in the act of conveying her to the -office; Burke happened to be in the way, and apparently commiserating -the situation of the unfortunate woman, proffered his good offices in -taking charge of her and furnishing her with a night’s lodgings. The -officers were doubtless glad to get their troublesome charge so easily -off their hands, and readily acceded to his request; she was conducted -to the ordinary slaughter-house, Hare’s, and speedily put out of a -condition to give any further annoyance to the police.</p> - -<p>Another victim was a cinder gatherer, whose occupation caused her -to wander about the streets at all hours, and while Burke prowled -abroad at the early hour we have mentioned, many opportunities must -have occurred to form an acquaintance with her, and we may suppose -that little inducement would be requisite to cause her to leave<span class="pagenum" id="Page_197">[197]</span> her -wretched employment for a season, and partake of his good cheer: she -was destined never to return to it.</p> - -<p>If there be any gradation in their wickedness it appears more -incredible and unnatural that a near relation of the one, and -connection of the other, should have been selected as a sacrifice; -yet it is well ascertained and admitted by Burke, that a young woman, -a cousin of M‘Dougal’s was also put to death, after having been -intoxicated. Some relations, we believe her mother and sister, after -the nefarious system was developed, came to Edinburgh in fearful -apprehension, endeavouring to ascertain the fate of her whom they had -long anxiously mourned over, and applied at the house of Constantine -Burke, when her relative Helen M‘Dougal was present. She, in answer -to their agonised inquiries, replied, that they need not trouble -themselves about her, as she was murdered and sold long before.</p> - -<p>One of the remaining murders was perpetrated on the body of a woman who -came from the country, and took up her lodgings also in Hare’s.</p> - -<p>We have already given, at page 125–137, a description of the murders -of Mary Paterson and James Wilson, or Daft Jamie, and it will be -unnecessary here to repeat what has already been inserted. Burke has -admitted, that he was intoxicated when he suffocated Paterson, and -that it was done in the presence of Hare, while she was in a slumber, -which the excessive quantity of spirits he induced her to swallow had -produced. All legal proceedings regarding her may be considered to be -at an end. Should it be resolved upon, however, to indict and try Hare -for the murder of Daft Jamie, a farther development of some of the<span class="pagenum" id="Page_198">[198]</span> -circumstances connected with him may be anticipated. As it stands at -present, we may assert that no additions can be made to the narrative -formerly given. It is singular that he was the only individual murdered -who had sense enough to refuse the liquor that was pressed upon -him, and apparently the only one that they found any difficulty in -dispatching. Burke has latterly, in allusion to this, remarked, “that -they found more trouble with a sober fool than a drunk one.”</p> - -<p>During the progress of this wholesale butchery, Burke and M‘Dougal -removed from Hare’s, or as it was more commonly called Mrs. Log’s -house, to that of a relation or connection of theirs, named Broggan, -the father of the witness of that name. We cannot determine whether -there had really occurred such a quarrel between Hare and them as to -induce them to separate in disgust, as has been asserted, or whether -it was imagined that another establishment would furnish additional -opportunities for accomplishing their designs; but if a disagreement -actually did take place, it had been of short continuance, and their -operations appear to have suffered no interruption in consequence. -It has been already stated, that Broggan’s house presented admirable -capabilities for carrying on the work, provided the inmates could be -relied upon, but as it only consisted of one small apartment, this was -indispensable. There was also the dark passage, furnishing a place of -retreat for the women, when that should be considered convenient.</p> - -<p>Previously to occupying their new lodgings, however, they seem to have -spent a short time in Constantine Burke’s house in the Canongate, as -they were residing there when Paterson and Brown were enticed into -it in April. Soon<span class="pagenum" id="Page_199">[199]</span> after Whitsunday they removed to Broggan’s house, -and not long after commenced using it for the purpose that Hare’s had -been formerly applied to. A decent woman, the widow of a porter, named -Ostler, who lived in the Grassmarket, and who had died shortly before, -was the first victim in it. She gained her living in an industrious -laborious way, mainly by washing and dressing, and eked it out by any -sort of work she might be employed in, and during harvest engaged in -country work. She had been accustomed to frequent Broggan’s house in -her vocation of a washer-woman, and was well known to the neighbours -from her long residence about the neighbourhood, and from her often -coming to Mrs. Law’s, where she got her clothes mangled. One day she -was observed to enter Broggan’s house, and was noticed afterwards -singing “Sweet Home” in company with Burke. This was the last time that -she was seen. After having been persuaded to drink, she was dealt with -in the usual manner.</p> - -<p>Those who lived in the neighbourhood cannot divest themselves of -the idea that Broggan, or at least his wife, was cognizant of this -affair. Their characters were not good, he being a rude, brutal and -drunken personage, who made the place the scene of a continued series -of brawls; his wife also was not held in good estimation. The time -of the murder, they argue is pretty well ascertained by the fact of -Mrs. Ostler’s having been known to enter the house, and never seen to -depart, and her disappearance from her usual places of resort, as well -as Mrs. Law’s mangle, a place which her occupation required her often -to visit; and it is alleged, that at that period, though Broggan might -be out of the house, his wife could not, as she had lain in about the -time. It is but justice, however, towards the Broggans to state, that -Burke has never implicated them in any knowledge of<span class="pagenum" id="Page_200">[200]</span> his nefarious -proceedings, and in this particular case, he says, that the accouchment -had taken place some time before the murder, and that Mrs. Broggan, as -well as her husband, was absent from the house at the time.</p> - -<p>Some time after Burke’s coming as a lodger to this house, he became -the sole occupier. Broggan had been unable to pay his rent at -Martinmas, and Burke and Hare, who were cautioners for it, were under -the necessity of satisfying the landlord. Broggan immediately after -this decamped with his family, though it could not be to evade the -landlord’s claim, or from inability to meet it, as we have seen that -the rent was already paid by his sureties. He left Burke in undisturbed -possession of the house, and furniture.</p> - -<p>After his removal, it might have been supposed that no inmate -would have been admitted whose presence could possibly prevent the -accomplishment of their designs; yet with strange inconsistency they -shortly after invited Gray and his wife to lodge with them. It could -scarcely have been with the hope of mastering them, as Gray appears -too stout a man to have been attempted single-handed, even by both of -the villains, and the notion of his being an accomplice is equally -out of the question. It is true that when a “<i>a shot</i>,” as their -abominable cant termed it, was obtained, they were sent out of the -way, but this must have been inconvenient, and after being felt so, -it is probable that they would not have occupied their lodgings long. -The girl that Hare murdered, when Burke was absent in the country, -completes the number of sixteen; and this, according to Burke’s -confession, makes up the whole number. The amount is sufficiently -horrifying, and the details abundantly fearful.</p> - -<p><span class="pagenum" id="Page_201">[201]</span></p> - -<p>The account of the trial, furnishes ample details of the murder of -Margery Campbell, or Docherty. It was the last committed, and afforded -the means of detecting and putting an end to their wicked career. It is -fearful to contemplate to what lengths it might otherwise have gone, or -how long it might have continued.</p> - -<p>To the notices which have been given, we may subjoin a list of the -whole; and although, as we have already premised, we cannot vouch for -the order in which they happened being strictly observed, we believe -that it will be found otherwise perfectly accurate.</p> - -<p>The first subject sold was,</p> - -<ul> - <li>The pensioner who died a natural death.</li> -</ul> - -<p>The murders were,</p> - -<ul> - <li>The old woman from Gilmerton.</li> - <li>The English pedlar.</li> - <li>The old man Joe the miller.</li> - <li>Mary Haldane.</li> - <li>Her daughter.</li> - <li>The old Irishwoman.</li> - <li>Her grandson.</li> - <li>The Cinder Gatherer.</li> - <li class="hangingindent">The old woman taken out of the police officer’s hands.</li> - <li>Mary Paterson.</li> - <li>The woman from the country.</li> - <li>The girl M‘Dougal.</li> - <li>Mrs. Ostler, the washer-woman.</li> - <li>Daft Jamie.</li> - <li>The woman Campbell, or Docherty.</li> - <li>The girl murdered by Hare alone.</li> -</ul> - -<p><span class="pagenum" id="Page_202">[202]</span></p> - -<p>Of these, nine were murdered in Hare’s house, and two in the cellar -adjoining to it, which was used by him as a stable. Four or five of -them were effected in what was first Broggan’s, and afterwards Burke’s -house, and one in Constantine Burke’s, in Gibb’s Close.</p> - -<p>We have frequently had occasion to advert to the insinuating manners, -and mild deportment of Burke; and the same character attended him in -his last place of residence in the West Port: Though seldom occupied -at work, and almost continually drinking, he was still considered a -quiet inoffensive man. The frequent squabbles that took place between -M‘Dougal and he, and the beastly orgies of Hare and his wife, did not -change the opinion of their neighbours. His character rather stood -out favourably, when contrasted with his associates; and a scuffle -in the family of Irish people of his rank, is not such an uncommon -occurrence, as to excite much attention. Indeed, so little was this -regarded, that the cries of murder, on the night in which Campbell was -suffocated, were passed over with this single remark by one of their -near neighbours, that “Nelly would surely be murdered to-night, as she -was making such a noise;” but without any idea that there was any thing -more serious than usual going on.</p> - -<p>On ordinary occasions, if he chanced to meet any person in the passage -when intoxicated, he would pass on with the observation of, “I am fou -to-night; but I will not disturb you.”</p> - -<p>His fondness for music has been formerly noticed, and this -distinguished him to the last. It was his practice to engage some -wandering minstrel—a young Savoyard, or Italian boy who plays -about the streets on a hurdy-gurdy<span class="pagenum" id="Page_203">[203]</span> most frequently, and with his -assistance to get up in his house a concert and dance among the -children that could be collected about the neighbourhood; and such was -his popularity, that his assemblies were generally well attended. He -appears to have displayed considerable affection towards children, and -to have secured their good will by joining them in such harmless sports -as these dancing parties. Those who were too young to participate in -the amusements were propitiated by gifts of sweetmeats, &c.</p> - -<p>Many anxious mothers have found out since the trial, that their -children were objects of regard to the murderer Burke; and in the -plenitude of their parental affection, have congratulated themselves -upon their escape from his clutches. Nothing could now convince them -that a plot was not laid to kidnap their beloved offspring, and that -if he had not been detected, they would ere this time have furnished -subjects for dissection. Burke, however, alleges that he never meddled -with children, and never intended to do so. There is little room to -doubt, however, that had the supply of full-grown and higher priced -victims failed, he would not have scrupled much to betake himself to -younger ones; we cannot allow any tenderness of feeling to one who -could go on butchering so unconcernedly and for such a length of time. -He states, indeed, that he would have abandoned it long before, had -it not been for the enticements of the monster Hare, who, whenever -he proposed stopping short, incited him on by threats and fresh -temptations; but although Hare may have been, and, we believe, was the -greater delinquent of the two, if any distinction can be made, still -Burke must be allowed to have possessed free-agency enough to have -withdrawn himself, or even to have arrested the progress of his partner -when he pleased, and we fear that this excuse will scarcely serve to -palliate his conduct. He was all the time a sharer in the unhallowed<span class="pagenum" id="Page_204">[204]</span> -gains, and an active co-operator, and seems to have prowled about as -ruthlessly in search of miserable wretches to practise upon, as if no -feeling of remorse ever entered his mind.</p> - -<p>He has even stated, that Hare and he intended taking a journey in -the way of their business next spring, they were to proceed westward -from Edinburgh, and after visiting the intermediate places, travel on -to Glasgow, where they expected to find a rich harvest. They were to -proceed thence to Belfast, by way of Greenock, which was also to be -attempted on the route, and after doing what they could in the north -of Ireland, were to journey on to Dublin. They had little fear about -making a successful speculation; and in all probability, with such a -fine field before them, they would not have been disappointed.</p> - -<p>It is evident from all this that a year’s impunity had produced the -effect of making them consider themselves as engaged in a species -of profession which had indeed, like illicit distillation, or any -contraband traffic, to be concealed from the authorities, but which, -except for this annoying accompaniment, was pursued with nearly as -little compunction as any other profession would have been; and -after some practice, they must have found it a lucrative one. The -commencement was made in December 1827, about Christmas it is stated, -and the woman Docherty was murdered on the 31st October 1828. Their -bargain was to receive eight pounds for each subject during the -summer season, and ten pounds in the winter. While novices in the -profession, in the course of ten months they had massacred sixteen -individuals, which must have produced about one hundred and fifty -pounds, or seventy-five pounds to each, without counting the price of -the first subject; no small sum for persons in their condition.<span class="pagenum" id="Page_205">[205]</span> Their -evil-got gains seem, however, to have departed as readily as they came, -and all that either of them possessed when arrested, was about two -pounds received on the same day as part of the price of the corpse of -Campbell. Burke’s money was upon his person, and Hare’s was hid under -the door of his inner closet, where it was got and delivered to him in -the jail.</p> - -<p>Upon the evening of the day on which the body of Docherty was detected -lying among the straw, and before the neighbours were apprised of it, -Hare was discovered lurking in the stair leading to Burke’s room, -about the time when the body was to be conveyed away, and upon being -questioned as to who he was, and what induced him to lounge about in -that manner, he replied that he was waiting for William Burke. By this -time he was recognised, and as he was an universal object of dislike, -was desired to go away. Mrs. Connoway adding, “that he would frighten -the <i>lasses</i> from coming to Mrs. Law’s mangle.” Some time after -he was still found loitering along the passage, and again interrogated -about his remaining so long. This time he took an effectual mode of -relieving himself from his troublesome inquirers by commencing to retch -and vomit. Mrs. Law shut her door violently in his face, exclaiming, -“what an ill-bred fellow,” and Mrs. Connoway also followed her example. -This was apparently the signal they waited for, and immediately -afterwards M‘Culloch the porter carried out the tea-chest containing -the body.</p> - -<p>When the alarm was given by Gray and his wife that a dead body had -been seen in the house, and that it was now removed, a great sensation -was naturally created, and people flocked about the place; none of -the suspected individuals, however, could be found, and the police -officers, who by<span class="pagenum" id="Page_206">[206]</span> this time had been informed of it, and had visited -the house, left the place in search of them, and the tumult in some -degree subsided. After a short while, Burke and M‘Dougal were heard -coming down the stair and along the passage. By this time they must -have been aware of the discovery, as M‘Dougal had been informed by the -Grays of their suspicions, and had made an unsuccessful attempt to -tamper with them; yet there was no flurry nor precipitation perceptible -in their manner, and, instead of proceeding directly into their -apartment, M‘Dougal observed, “I have a candle but no light,” and -entered Connoway’s house to procure one, as if there was nothing wrong. -Burke leaned unconcernedly against the door-post, without speaking -until Connoway said, “We have been speaking about you William;” he -then replied, indifferently, “That he hoped they had not been speaking -ill of him;” and upon Connoway’s answering that “It was not good they -had to speak about him,” he inquired, “What ill they had to say?” -After being informed that it was about a body that had been found, he -affected to make light of the affair, under the pretence that it was -one of their old stories about lifting the dead. He was then informed -that it was not such a surmise now, but that he was suspected of -murdering the little old woman with whom they all were so happy the -night before, and that the police were after him. He replied with more -asperity, “That he defied all the country to prove any thing against -him; that he had not been long about these doors, and this was the -second time such a story had been raised upon him.” Mrs. Connoway -remarked, that she had heard of his being a resurrection man, but never -had known of any murder being laid to his charge.</p> - -<p>He entered into an explanation of his meaning, which<span class="pagenum" id="Page_207">[207]</span> as much as any -thing else tends to show the cool designing nature of the man. “Do -you recollect the old woman that came from the country?” he said, -describing an elderly woman who had been introduced as a country -friend of M‘Dougal, and had lived with them for three or four days -some time before. Mrs. Connoway answered, “That she did.” “Then do you -recollect,” he rejoined, “her coming in to you and shaking hands, and -bidding you farewell?” Mrs. Connoway replied, “That she remembered it -perfectly well.” “I made her come in and do so on purpose,” he added, -“as Broggan told me that you said I had murdered her.” Whether Broggan -had actually said so, or whether Burke had devised this blind to screen -him when another occasion required it, we cannot say, but Mrs. Connoway -had never heard of the circumstance before. The officers immediately -after this colloquy entered, and seized the culprits. They were -conveyed to the police office, and after examination by the sheriff, -were transferred to the Calton Hill Jail, and placed among the untried -prisoners. Burke’s conduct before trial was decorous, and corresponded -with what has been previously said of him. His behaviour during the -trial, and immediately after it, has also been described, and little -remains to be added, save some short account of his demeanour since -conviction.</p> - -<p>On the first morning after his removal from the Lock-up-house to -the condemned cell, which, in the Calton Jail, is under the women’s -cells, and adjoining the stair which leads to them, he mentioned to -the jailor who attended him, that he had heard a woman lamenting, and -inquired if it would be Hare’s wife. He was informed that it could not -be she, as she was confined in a distant part of the house. He asked, -if there were any women in the same quarter,<span class="pagenum" id="Page_208">[208]</span> for he was sure that it -was a woman he heard mourning. The jailor then told him that it must -have been his own wife, who was kept among the women for protection. -“Is the place convenient,” he said. The jailor answered, “That it was -quite near.” “Poor thing,” he relied, “she has lost her only earthly -provider.” On the evening before M‘Dougal left Edinburgh, she called at -the jail with Constantine Burke, both requesting to see Burke, and upon -this being denied them, M‘Dougal sent a message, informing him that she -wanted money. He sent all that remained of his money, and a common old -watch, to her. He has since expressed great affection for her, and a -strong desire to see her before he suffers.</p> - -<p>Shortly after he came to the jail, it was observed by some one that he -would receive absolution from the priest, which would make all right. -He answered in a serious tone, “that there was only one absolution for -sin, and that it had already been made.” Any account of the spiritual -conversion of a great criminal has frequently been complained of by -many, under the supposition that it has a tendency to encourage sinners -to continue in their iniquity, in the hope that a tardy repentance -may place them in a state of grace at last. We question much the -justice of their conclusions. Men engaged in a career of crime do not -reason in this way, nor reason at all upon the subject; and, though -they did, it would require great hardihood in a fellow-sinner to -endeavour to deprive them of “the hope set before them in the Gospel.” -Though we certainly do not imagine that these objectors would for a -moment contemplate fettering the operation of the Spirit. We, at the -same time, hold the opinion, that the utmost caution should be used -in promulgating such accounts, and that the state of mind of the -individual should be thoroughly<span class="pagenum" id="Page_209">[209]</span> sifted and rigidly inquired into -before a conversion be announced. It is with some pain, therefore, that -we have heard it given forth that Burke has become a true penitent. -Happy should we have been had we been enabled to proclaim that “the -wicked had forsaken his ways, and the unrighteous man his thoughts,” -and glad should we still be to learn that it was so; but truth compels -us to state, that no symptom has hitherto occurred to warrant such -a conclusion. We know well that he has expressed contrition for his -misdeeds, but we fear that it is rather sorrow for punishment having -overtaken him, than a sense of the magnitude of his sin against God; -and as for saying that he has sinned, a man who has committed fifteen -cold-blooded murders, if he speaks on the subject at all, can scarcely -say any thing else. He is said to be perfectly resigned to his fate, -and to express himself quite calmly on the subject. We believe it -all. He is a man of that stamp that would resolutely bring himself to -suffer calmly what he could not avoid. As to his announcing that he -would not now accept of pardon though it was offered to him, it appears -to us to be a mere fiction. We would not wish to speak irreverently -upon such a solemn subject, but surely we may be allowed to say, that -conversion to the faith of the Gospel, and to a firm belief in the -truths of Christianity, does not and ought not to bring along with it -a predilection for being hanged; that while it alone prepares a man -for death, it also capacitates him for worthily continuing in life. -We fear if Burke has made use of such an expression, it can only be -accounted for by wrong-headedness or hypocrisy. He must know well that -a pardon is not likely to be granted, and if it were, that his consent -would not be asked; and any observations upon the subject may therefore -be spared. We repeat that we shall be happy to be assured that we are -mistaken in the<span class="pagenum" id="Page_210">[210]</span> view we have taken of his state, but there is much -fear that though a melancholy it is a just one.</p> - -<p>Since his conviction he has been very strictly watched, lest he should -find means to destroy himself, though he has never shown the slightest -inclination to do so. A man sits with him night and day, and to those -engaged in this duty, as well as others who are necessarily employed -about him, he has been very communicative and garrulous.</p> - -<p>As illustrative of the freedom with which he converses with those who -are about him, we may mention an instance which, were it not for the -melancholy and awful situation in which he is placed—standing on the -brink of eternity—would bear an irresistibly ludicrous aspect. His -mind seemed to have been engaged in a train of reasoning upon some -subject, and at last he gave vent to it by saying, that he thought he -was entitled to, and ought to get, the five pounds from Dr. Knox, which -was still unpaid, on the body of the woman Docherty. It was observed -to him, that Dr. Knox had lost by the transaction, as the body was -taken from him. He replied, “That was not my business: I delivered the -subject, and he ought to have kept it.” It was then said to him, that -if the money was paid, Hare ought to get half of it. He pondered a -little upon this view, and then answered, “No; that Hare had cleared -himself by becoming king’s evidence, and he thought that he had justly -forfeited his share of it, and that all the five pounds should go to -him.” It turned out that his anxiety for the five pounds proceeded -from a desire to appear in a reputable manner on the scaffold. “Since -I am to appear before the public,” he said, “I should like to be -respectable. I have got a tolerable pair of trousers, but have not a -coat and waistcoat that I can appear in; and if<span class="pagenum" id="Page_211">[211]</span> I get the five pounds -I would buy them.” Though it is not likely that he will receive the -money, his wish will be gratified in respect to the clothes,—a topic -which he has frequently adverted to. We understand that the priest who -attends him has provided him with what he desires; and if he had not -done so, the Magistrates would have supplied the want.</p> - -<p>His disease has now got worse, and gives him great uneasiness. In -consequence of the surgeon’s request some change has been made on his -food, and in addition to the meagre diet formerly hinted at, a little -soup has been allowed him daily. This day, (Tuesday) he will receive -the sacrament according to the rites of the Romish church. He was -removed to the Lock-up-house previous to the awful ceremonial of a -public execution, at five o’clock this morning.</p> - -<p>Since his condemnation, all intercourse with him has been strictly -prohibited, except by those whose duties required their attendance, or -the authorities who might wish to see him upon public business; or, -finally, those who had, from their situation, the privilege of the -<i>entrée</i>, and could extend the same privilege to a few of their -immediate friends; but, with the exception of their visits, they seem -to have been actuated by the laudable desire, that the unhappy man -should not be annoyed from motives of curiosity, and the public has -been rigidly excluded. Still a sufficient number found their way into -his cell, to harass and tease him about confessions; and to be rid -of the annoyance, as it is stated, he addressed a letter to the Lord -Provost, requesting that a professional gentleman, whom he named, might -be allowed access to him, for the purpose of, once for all, giving -through him an authenticated confession, which might satisfy the public -mind.</p> - -<p><span class="pagenum" id="Page_212">[212]</span></p> - -<p>The public authorities appear all along to have been actuated by a -decided reluctance to disclose to the public any thing connected with -these transactions beyond what must necessarily appear on the regular -trials; and in doing so, we have no doubt have been anxious to secure -to official persons the exclusive knowledge of such circumstances -as might be necessary for the ends of justice, as well as, in their -opinion, to prevent the public mind being unnecessarily excited.</p> - -<h2 class="nobreak normal">TOWN-COUNCIL OF EDINBURGH, WEDNESDAY, JAN. 21.</h2> - - -<p>The Lord Provost stated to the Council, that they were perhaps aware -that a written application had been made to him, <i>signed</i> -by Burke, the individual at present under sentence of death, for -permission to be visited by a Writer in town, to whom he was desirous -of making some disclosures regarding the crimes with which he had been -connected, and that, acting upon the advice of the Lord Advocate, he -had deemed it right to refuse the application in question.—That advice -had been given by the Lord Advocate in a letter, which, of course, was -not written with the view of publication; but as much misrepresentation -had gone abroad regarding the matter, the Lord Provost deemed it right -that the letter should be laid before the public, that they might know -the true grounds on which the request had been refused. His Lordship -further stated, that he had waited upon Burke, and explained to him -the reason for refusing access to the individual whom he had mentioned -in his letter, and by whom that letter was written, though it was -certainly signed by Burke—when the unfortunate man mentioned to the -Lord Provost, that he was perfectly indifferent as to the matter, and -that he did not conceive that the narrative of his life, which the -person<span class="pagenum" id="Page_213">[213]</span> already mentioned had wished to prepare for publication, was of -a nature calculated to interest any one. The Lord Advocate’s letter is -of the following tenor:—</p> - -<div class="blockquot"> - -<p class="r2">“<i>Edinburgh, January 15, 1829.</i></p> - -<p>“<span class="smcap">My Lord Provost</span>—I had the honour to receive -your Lordship’s letter of yesterday’s date, transmitting a -communication to you from William Burke, which is herewith -returned.</p> - -<p>“Your Lordship is perhaps not aware that, on the 3d instant, -Burke intimated to the Sheriff, through the Governor of the -Jail, that being harassed by inquiries, he wished once for -all to make a full confession of every thing he could say in -regard to the atrocious transactions in which he had been -engaged, to the end that he might afterwards be allowed to -remain undisturbed, and apply his mind to things fitted to his -situation. In consequence of this communication, the Sheriff, on -that same day, repaired to the jail, and took from Burke a full -and voluntary confession, which was drawn up in the shape of a -declaration, consisting of 19 pages. This declaration is now -in my possession, and I sometime ago sent a copy of it to the -Secretary of State.</p> - -<p>“It appears to me of importance both to the individual himself, -and to the public, that no second statement, which might be -contradictory of, or inconsistent with, the first, (so solemnly -and deliberately given) ought now to be impetrated from this -man by irresponsible parties, with the avowed object of its -publication; and that the proper answer for your Lordship in -return is, that Burke having himself most properly already -selected such a mode of making his confession as was best -calculated to secure its<span class="pagenum" id="Page_214">[214]</span> accuracy, and to render it truly -authentic, no deviation from that mode of proceeding can now be -sanctioned; but that the Sheriff will wait upon Burke, for the -purpose of reading over to him the confession made on the 3d -current, and that that magistrate will then take down whatever -additions or alterations Burke may desire to have made upon it.”</p> - -<p class="r4">“I have the honour, &c.</p> - -<p class="r2">(Signed)<span style="margin-left: 5em"> “<span class="smcap">Wm. Rae.</span>”</span></p> - - -<p class="left2">“Right Honourable the Lord Provost</p> - -<p class="left4 p0">of Edinburgh, &c. &c. &c.”</p> -</div> - -<p>It is difficult, however, to see how “it is of importance to the -individual himself, and to the public, that no second statement, which -might be contradictory of, or inconsistent with, the first,” should be -given. To us it seems of great importance, that all he is willing to -confess ought to be received and given to the public. So far from his -wishing to remain undisturbed, it is at his own request conveyed in a -letter, signed with his name, that that permission for the gentleman -to visit him was asked; and his second statement could only be -important, in as much as it differed from the one previously given to -the Sheriff. It could only be with a view of giving a fuller account, -and more minute in its details, that he was desirous of being troubled -further in the matter. It is not an impossible supposition, that the -declaration the Sheriff received is altogether a tissue of lies; and -is the immaculacy of it still to be upheld, and all correction denied, -because it would be contradictory of, or inconsistent with, the former -document? Neither does it seem to us, that the avowed object of its -publication makes any difference. It is only in as far as this object -is concerned that the public cares a straw upon the subject. And if the -Sheriff’s document is<span class="pagenum" id="Page_215">[215]</span> not intended to be immediately published, but -is to be shut up in the archives of his office, until some future Sir -Walter Scott grubs it out, and weaves for other generations a romance -of thrilling interest out of the horrifying confessions of Burke, the -public perhaps would have been as well pleased had all this official -activity been spared.</p> - -<p>We cannot believe that these very respectable functionaries can feel -in common with those who use the silly cant, that the public mind may -be contaminated by an account of his crime. The public mind has been, -and is strongly excited. Some information the public requires, and will -get, and it surely is better to have a correct and authentic statement -than garbled and exaggerated reports. Were it a detail of the clever -tricks of an ingenious and adroit rogue, there might be some colour -for the above opinion; but no one is likely to be so enraptured with -Burke’s narrative as to engage in such a revolting trade in imitation -of him.</p> - -<p>But while their Lordships have been deliberating upon this subject, and -ultimately resolving that he should not be allowed to give an account -to any but themselves, the poor man has been confessing all the time; -and it is well known that several have had access to him, whose mouths -cannot be stopped, and whose pens have not been idle. We are assured -that not one, but several “authentic confessions of Burke” will be made -public; and we have reason to know, that a duly authenticated one will -appear, whether the Lord Advocate’s be published or not. Whatever is -interesting, our readers may rely upon receiving.</p> - -<p>For the present, with the exception of the following<span class="pagenum" id="Page_216">[216]</span> “confessions” -which first appeared in the Caledonian Mercury, and which, we are -assured, are perfectly authentic, we will leave the unfortunate man -until the last act in the singular drama of his life closes.</p> - -<h2 class="nobreak normal">CONFESSIONS OF BURKE.</h2> - - -<p>The information from which the following article is drawn up, we have -received from a most respectable quarter, and its perfect correctness -in all respects may be confidently relied on. In truth, it is as nearly -as possible a strict report, rather than the substance, of what passed -at an interview with Burke; in the course of which the unhappy man -appears to have opened his mind without reserve, and to have given a -distinct and explicit answer to every question which was put to him -relative to his connection with the late murders.</p> - -<p>After some conversation of a religious nature, in the course of which -Burke stated that, while in Ireland, his mind was under the influence -of religious impressions, and that he was accustomed to read his -catechism and his prayer-book, and to attend to his duties, he was -asked, “How comes it, then, that you who, by your own account, were -once under the influence of religious impressions, ever formed the idea -of such dreadful atrocities, of such cold-blooded, systematic murders, -as you admit you have been engaged in—how came such a conception -to enter your mind?” To this Burke replied, that he did not exactly -know; but that becoming addicted to drink, living in open adultery, -and associating continually with the most abandoned characters, he -gradually became hardened.</p> - -<p><span class="pagenum" id="Page_217">[217]</span></p> - -<p>He was then asked, how long he had been engaged in this murderous -traffic. To which he answered, “From Christmas 1827 till the murder -of the woman Docherty in October last.” “How many persons have you -murdered, or been concerned in murdering, during that time? Were they -thirty in all?” “Not so many; not so many, I assure you.” “How many?” -He answered the question; but the answer was, for a reason perfectly -satisfactory, not communicated to us, and reserved for a different -quarter.</p> - -<p>“Had you any accomplices?” “None but Hare. We always took care, when we -were going to commit a murder, that no one else should be present—that -no one could swear he saw the deed done. The women might suspect what -we were about, but we always put them out of the way when we were going -to do it. They never saw us commit any of the murders. One of the -murders was done in Broggan’s house, while he was out, but before he -returned the thing was finished, and the body put into a box. Broggan -evidently suspected something, for he appeared much agitated, and -entreated us ‘to take away that box,’ which we accordingly did. But he -was not in any way concerned in it.</p> - -<p>“You have already told me that you were engaged in these atrocities -from Christmas 1827 till the end of October 1828; were you associated -with Hare during all that time?” “Yes. We began with selling to Dr. —— -the body of a woman<a id="FNanchor_4" href="#Footnote_4" class="fnanchor">[4]</a> who had died a natural death in Hare’s house. We -got ten pounds for it. After this we began the murders,<span class="pagenum" id="Page_218">[218]</span> and all the -rest of the bodies we sold to him were murdered.”</p> - -<p>“In what place were these murders generally committed?” “They were -mostly committed in Hare’s house, which was very convenient for the -purpose, as it consisted of a room and a kitchen. Daft Jamie was -murdered there. The story told of this murder is incorrect. Hare began -the struggle with him, and they fell and rolled together on the floor; -then I went to Hare’s assistance, and we at length finished him, -though with much difficulty. I committed one murder in the country -by myself.<a id="FNanchor_5" href="#Footnote_5" class="fnanchor">[5]</a> It was in last harvest. All the rest were done in -conjunction with Hare.”</p> - -<p>“By what means were these fearful atrocities perpetrated?” “By -suffocation. We made the persons drunk, and then suffocated them by -holding the nostrils and mouth, and getting on the body. Sometimes I -held the mouth and nose, while Hare went upon the body; and sometimes -Hare held the mouth and nose, while I placed myself on the body. Hare -has perjured himself by what he said at the trial about the murder of -Docherty. He did not sit by while I did it, as he says. He was on the -body assisting me with all his might, while I held the nostrils and -mouth with one hand, choked her under the throat with the other. We -sometimes used a pillow, but did not in this case.”</p> - -<p>“Now, Burke, answer me this question—Were you tutored and instructed, -or did you receive hints from any<span class="pagenum" id="Page_219">[219]</span> one as to the mode of committing -murder?” “No, except from Hare. We often spoke about it, and we agreed -that suffocation was the best way. Hare said so, and I agreed with -him. We generally did it by suffocation.” [Our informant omitted to -interrogate him about the surgical instruments stated to have been -found in his house; but this omission will be supplied.]</p> - -<p>“Did you receive any encouragement to commit or persevere in committing -these atrocities?” “Yes; we were frequently told by Paterson that he -would take as many bodies as we could get for him. When we got one, he -always told us to get more. There was commonly another person with him -of the name of Falconer. They generally pressed us to get more bodies -for them.”</p> - -<p>“To whom were the bodies so murdered sold?” “To Dr. ——. We took the -bodies to his rooms in —— ——, and then went to his house to receive the -money for them. Sometimes he paid us himself; sometimes we were paid by -his assistants. No questions were ever asked as to the mode in which we -had come by the bodies. We had nothing to do but to leave a body at the -rooms, and go get the money.”</p> - -<p>“Did you ever, upon any occasion, sell a body or bodies to any other -lecturer in this place?” “Never. We knew no other.”</p> - -<p>“You have been a resurrectionist (as it is called) I understand?” “No. -Neither Hare nor myself ever got a body from a churchyard. All we sold -were murdered save the first one, which was that of the woman (man)<span class="pagenum" id="Page_220">[220]</span> -who died a natural death in Hare’s house. We began with that: our -crimes then commenced. The victims we selected were generally elderly -persons. They could be more easily disposed of than persons in the -vigour of health.”</p> - -<p>Such are the disclosures which this wretched man has made, under -circumstances which can scarcely fail to give them weight with the -public. Before a question was put to him concerning the crimes he -had been engaged in, he was solemnly reminded of the duty incumbent -upon him, situated as he is, to banish from his mind every feeling of -animosity towards Hare, on account of the evidence which the latter -gave at the trial; he was told, that, as a dying man, covered with -guilt, and without hope, except in the infinite mercy of Almighty God, -through our blessed Redeemer, the Lord Jesus Christ, he, who stood -so much in need of forgiveness, must prepare himself to seek it by -forgiving from his heart all who had done him wrong; and he was most -emphatically adjured to speak the truth, and nothing but the truth, -without any attempt either to palliate his own iniquities, or to -implicate Hare more deeply than the facts warranted. Thus admonished, -and thus warned, he answered the several interrogatories in the terms -above stated; declaring, at the same time, upon the word of a dying -man, that every thing he had said was true, and that he had in no -respect exaggerated or extenuated any thing, either from a desire to -exculpate Hare, or to spare any one else. The unhappy man is, moreover, -perfectly penitent, and resigned to his fate. He never deluded himself -with any hopes of escape or of mercy; and he is now accordingly -preparing himself for confession,<span class="pagenum" id="Page_221">[221]</span> and for receiving absolution, by a -perusal of such books as his spiritual guides have put into his hands, -and by listening with the most devout attention to their religious -instructions. He fully acknowledges the justice of his sentence; nay, -he considers it in some measure as a blessing, the certainty of his -approaching fate having brought back his mind to a sense of religion, -from which it had been long estranged. At first he expressed deep -regret that Hare, whose guilt he conceives as of a still deeper dye -than his own, should have escaped the vengeance of the law; but by -the exertions of his spiritual monitors, who have been indefatigable -in their efforts to impress him with a strong sense of the dreadful -enormity of his own guilt, as well as to bring him to a right frame and -temper of mind, he no longer gives expression to such feelings, and -now only breathes a wish to die at peace with all mankind. As often as -the subject of the late trial is mentioned, however, he never fails to -assert that Hare perjured himself in the account he gave of the murder -of the woman; repeating the statement we have already given, that, so -far from sitting by, a cool and unconcerned spectator of the crime, -Hare actively assisted in the commission of it, and was upon the body -of the woman co-operating with himself in his efforts to strangle her.</p> - - -<h2 class="nobreak normal">PREPARATIONS FOR THE EXECUTION.</h2> - - -<p>We are now drawing near a termination of the earthly career of the -wretched man who has lately occupied so large a place in the public -mind. At the time that his atrocities were first brought to light, a -deep and general<span class="pagenum" id="Page_222">[222]</span> sensation of horror and astonishment was produced. -The fresh disclosure of new crimes which were announced from day to -day, kept alive this feeling, until at last it was wound up to a pitch -of interest which can scarcely be imagined. All classes seemed actuated -by a common feeling of indignation against the ruffians who could -perpetrate such enormities; while the disappointment of the public, -that the vengeance of the law had hitherto overtaken only one of the -murderous gang, was strongly expressed. There was manifested, at the -same time, great satisfaction that one at least of the miscreants had -not also escaped his merited fate; and, as the time appointed for his -execution drew near, an universal interest was exhibited to learn the -progress of the preparations, and the state of mind of the unhappy -man. The magistrates and authorities, however, seem purposely to have -adopted a line of conduct calculated directly to disappoint the very -natural anxiety so unequivocally exhibited; and up to the moment when -he appeared on the scaffold, all knowledge of what was passing was -withheld, and all access to the condemned cell or to the Lock-up-house -denied; while those, whose duty required that they should be brought -in contact with Burke, were repeatedly cautioned against divulging -such intelligence as their situation might enable them to obtain. So -rigidly was this injunction enforced, that one of the turnkeys in the -Calton-hill jail, an individual who was very generally respected in his -station, and who, we believe, heretofore conducted himself with much -propriety, has, notwithstanding his previous character, been dismissed -for revealing some of the secrets of the prison-house.</p> - -<p>In despite, however, of all this well-preserved mystery, some -particulars of the last hours of the doomed man have<span class="pagenum" id="Page_223">[223]</span> transpired, and -we now are enabled to lay before our readers an account, as complete -as it can be made, of the awful ceremony which terminated his mortal -existence.</p> - - -<h2 class="nobreak normal">REMOVAL TO THE LOCK-UP-HOUSE.</h2> - - -<p>At four o’clock on the morning of Tuesday the 27th, (the day previous -to that appointed for the execution), Burke was taken off the -<i>gad</i>, and conveyed in a coach from the Calton-hill Jail to the -Lock-up-house in Libberton’s Wynd. The time was purposely fixed at -this unusual hour to prevent any annoyance from the crowd, which would -undoubtedly have assembled had it been delayed to a later time of the -day. From this cause, the only persons present, and indeed the only -individuals acquainted with it, except the coachman, were Captain -Rose and one of his assistants. The criminal was strongly ironed, and -secured with shackles of unusual magnitude and strength.</p> - -<p>He maintained on this trying occasion, both immediately before leaving -the jail, and during the time he was in the coach, the same composure -of mind which he has displayed ever since his conviction.</p> - -<p>On reaching the Lock-up-house, he was supported into it in a state of -extreme exhaustion; so much so, as to lead some who witnessed it to -imagine that the gallows might still lose its deserved victim, by his -death taking place before the next morning.</p> - -<p>In the course of the last day of his existence, his composure -or insensibility still continued unshaken, excepting<span class="pagenum" id="Page_224">[224]</span> when the -dead-clothes, a suit of sables, were presented to him. On receiving -them he exhibited deep emotion, and by his own confession he felt it. -We have mentioned before that his thoughts had been frequently occupied -about the dress he was to appear in. He remained perfectly unmoved, -with the exception of this transient indication, throughout the rest of -the day. In the course of the day, he was visited by the Rev. Messrs. -Reid and Stewart, Catholic priests, and the Rev. Mr. Marshall, whom -he requested to attend him to the scaffold, as well as the Rev. Mr. -Porteous, which he promised to do. He said to those in attendance -that he had committed no more murders than those which were comprised -in the declaration he made to the sheriff since his conviction. For -two or three nights previously, he had enjoyed sound sleep, and it is -extraordinary that such was his state of dogged tranquillity, that his -rest was sound and unbroken, for five hours, from Tuesday night to -Wednesday morning. This, we believe, has however been observed to be -frequently the case with criminals on the evening previous to execution.</p> - -<p>At length, he manifested some impatience for the arrival of the time -when he was to leave this world. In the course of the night, he said -with much apparent earnestness, “Oh that the hour were come which -is to separate me from the world!” About half-past five o’clock on -Wednesday morning, he expressed a desire to be relieved from his -chains, complaining much of the weight of them. This desire was readily -complied with. He held out his leg to the smith employed to perform -this service, and when the fetters fell from his limbs, he exclaimed, -turning up his<span class="pagenum" id="Page_225">[225]</span> eyes towards Heaven, “So may all earthly chains fall -from me!”</p> - -<p>About half-past six o’clock, the two Catholic clergymen (the Rev. -Messrs. Reid and Stewart) entered the Lock-up-house: The former -immediately waited upon the criminal in his cell, and was absent for a -considerable time with him.</p> - -<p>At seven Burke walked with a firm step into the keeper’s room, followed -by his confessor; and at this moment no appearance of agitation or -dismay was discernible in his countenance or manner. He took his -seat on an arm chair at the side of the fire, and twice or thrice he -was remarked to sigh heavily. There were present at the time Bailies -Child, Crichton, and Small, and one or two official persons besides; -who were shortly afterwards joined by the Reverend Mr. Marshall and -Mr. Porteous, chaplain to the Calton-hill Jail. Before the latter -gentleman arrived, however, Burke and his spiritual assistants of the -Catholic persuasion had commenced their devotions; he engaged in them -with much apparent fervour. The Reverend Messrs. Reid and Stewart -followed up their prayers with some serious exhortations. In the course -of these devout and pious admonitions, Mr. Reid used the words, “You -must trust in the mercy of God;” upon which the unhappy wretch heaved -a long, deep-drawn suspiration, or rather suppressed groan, which too -plainly betrayed the anguish and despair that lurked about his heart. -He seemed to have a secret feeling that he was too deeply sunk in -crime to be entitled even to hope in the infinite mercy of Heaven: his -mind acknowledged the truth of the observation,<span class="pagenum" id="Page_226">[226]</span> while his guilty and -perhaps awakened conscience bade him doubt of that mercy being extended -to him.</p> - -<p>What is somewhat singular, he exhibited no emotion on the executioner -making his appearance. After this portion of his religious exercises -had been gone through, he was on his way to an adjoining apartment, -when he was accidently met by Williams, who stopped him rather -officiously; upon which he said, “I am not ready for you yet.” The -executioner followed him, and in a very short time both returned, Burke -with his arms tightly pinioned behind his back, but without any change -in his demeanour. While Williams was discharging this part of his duty, -no conversation took place; indeed he rather appeared disinclined to -hold conversation with any.</p> - -<p>He was then invited to take a glass of wine, which he accepted of, -and before putting it to his lips, bowing to the company, he drank -“Farewell to all present, and the rest of his friends.” He then entered -into conversation for a few minutes with Mr. Marshall and Mr. Porteous -upon religious subjects. The Magistrates, Bailies Crichton and Small, -who had previously gone out, now appeared in their robes, with their -rods of office, and Burke took the opportunity, before he went forth -to meet his doom, of expressing his gratitude to the Magistrates -generally, and particularly to Bailie Small, for the kindness he had -experienced from them, as well as from all the public authorities. He -likewise made similar acknowledgments to Mr. Rose, the Governor of -the Calton-hill Jail, Mr. Fisher, the Deputy-Governor, and Mr. and -Mrs. Christie, who have the charge of the Lock-up-house, for their -unremitting and kind attentions.</p> - -<p><span class="pagenum" id="Page_227">[227]</span></p> - -<p>Precisely at eight o’clock, Burke was upon his feet, as if eager to -have the ceremony proceeded in, and immediately after the melancholy -procession began to move towards the scaffold. He was supported by the -two Catholic priests, more from the difficulty of walking, owing to -the circumstance of his arms being pinioned than from any inability, -or any faltering in his steps. When proceeding up Libberton’s Wynd, he -seemed perfectly cool and self-possessed, turning from side to side, -and conversing with the Rev. Messrs. Reid and Stewart, and the Rev. Mr. -Marshall. In crossing from the Lock-up-house to the postern entrance in -Libberton’s Wynd, to where the pathway was wet from the rain and thaw -of the morning, he was observed picking his steps with the greatest -care. When he arrived at the head of Libberton’s Wynd, his face had -an expression of wistfulness and anxiety, as if he were uneasy and -uncertain of his reception from the mob, and he hurried on with his -eyes half closed, eager apparently to bring the fatal scene to a speedy -close.</p> - - -<h2 class="nobreak normal">OCCURRENCES ON THE STREET.</h2> - -<p>We will now advert to what was passing in the mean time out of doors. -Here fortunately no individual “dressed in a little brief authority” -could interfere, to prevent all the circumstances from being transacted -under the public eye, or from the press, causing the knowledge of them -to be widely extended far beyond even the countless multitudes who -thronged and blocked up the High Street.</p> - -<p>On Tuesday many anxious spectators were collected<span class="pagenum" id="Page_228">[228]</span> near the -ordinary place of execution at the head of Libberton’s Wynd, and -the thoroughfare was kept up, notwithstanding the inclemency of the -weather, during the whole day. The preparations commenced at an early -hour in the forenoon. Holes were dug in the pavement for the reception -of the upright posts, and a space surrounding the place which it was -intended the scaffold should occupy, was enclosed with strong posts -and chains, to prevent the crowd breaking in upon the scaffold. At -ten o’clock on Tuesday night, the ceremony of setting up the scaffold -commenced. Its progress was watched by a great many eager beholders, -although the rain still continued at intervals to pelt upon them. -The din of the workmen and clanging of the hammers were mingled with -the shouts which were raised by the assembled populace, whenever an -important piece of the erection was completed, while the torches used, -shedding a lurid glare on the black apparatus and dusky countenances of -the workmen, added greatly to the wildness and interest of the scene. -When all was finished, and the fatal beam placed transversely upon -the perpendicular one, and its dark outline visible through the dim -light, three tremendous cheers were given. To show the feeling of the -working classes, we may mention, that notwithstanding the reluctance -that is invariably exhibited among the operatives of the carpenter -employed to set up the apparatus for an execution is such, that lots -have to be cast for those workmen in the employment who are to fulfil -the disagreeable task. On this occasion, one and all volunteered their -services, and performed the work with a gusto and alacrity which -would have been astonishing in an ordinary case. It was completed -about two o’clock in the morning, and shortly after that hour the -people dispersed, some few having delayed their departure until they<span class="pagenum" id="Page_229">[229]</span> -witnessed the fitting and adjusting of the rope. It was afterwards -removed, and replaced shortly before its services were required.</p> - -<p>Long before this time the closes and stairs near the spot were blocked -up by those who had resolved upon securing a good view, by remaining -all night on the ground. The inclemency of the weather drove them to -any shelter that could be obtained, and morning found them in the -comfortless lairs they had chosen overnight.</p> - -<p>A constant bustle was also kept up by the arrival of those individuals, -who either from favour or for money, had procured the conveniency -of a window in the vicinity. Many gave considerable sums for this -accommodation, and such was their desire to avail themselves of their -good fortune in securing them, that they spent the night in the -apartment.</p> - -<p>The streets were nearly perfectly quiet throughout the morning after -the erection of the gibbet; the heavy and almost incessant rain must -have contributed greatly to prevent any very early assemblage. As the -morning advanced, however, groups were seen hastening to their windows, -or taking their station in as favourable a place as they could fix upon -for properly witnessing the approaching event.</p> - -<p>About five o’clock the people began again to assemble and take their -station, principally in front of the gallows, and above it towards the -Castle Hill, while large parties of policemen and patrole successively -arrived, and were judiciously posted in a strong line in front of the -railing which kept off the crowd. The space left free was larger than -is usually reserved upon such occasions. The Police acted<span class="pagenum" id="Page_230">[230]</span> under the -conduct of Captain Stewart and his Lieutenants. Their services were not -in a solitary instance required except it might be to prevent the great -pressure of the vast multitude from bursting the barrier; indeed the -mob were in perfect good humour, and instead of their usual animosity -against the police officers being displayed, in futile attempts to -annoy or retard them in the execution of their duties, one and all of -the immense assemblage would willingly have done any thing in their -power to aid the officers and further the arrangements.</p> - -<p>From six to seven o’clock a great concourse thronged every avenue to -the High Street, and the numbers pouring, almost rushing into it from -every quarter, gave the immediate vicinity a very busy and animated -appearance. Among the arrivals, there were many whose appearance -betokened that they did not belong to the usual class who attend -such scenes. In this number were included many well dressed ladies, -who by and bye made their appearance at the windows of the lofty and -sombre looking lands in the Lawnmarket, as well as those of the county -buildings, and gave an unexpected variety to the picturesque scene. We -understand that windows commanding a view of the place of execution -were eagerly inquired after, and engaged at prices varying according to -their locality, from five to thirty shillings each, while some who had -engaged a window retailed a view at the rate of half a crown a head. -The great numbers who were constantly arriving up before seven o’clock -seemed principally to disperse themselves in this manner, as no very -sensible addition was made to the mass up to this hour.</p> - -<p>About six o’clock the weather had become less inclement, and though it -was a cold raw disagreeable morning, the<span class="pagenum" id="Page_231">[231]</span> showers were only partial and -less violent than they had been during the night. After seven o’clock, -when the rain almost entirely ceased, the crowd became rapidly larger -and more dense, and about eight o’clock the area contained between the -West Bow and the Tron Church, presented an aspect of such an immense -and closely wedged mass of human beings—such a living and moving sea -of uncountable multitudes as could very seldom be witnessed, and we -should suppose has never been known on a similar occasion, or perhaps -on any other in the city, excepting perhaps at the king’s visit. All -along the street the people were packed more closely than could have -been conceived, and as far as the eye could reach, every vantage -ground that could command a view was thickly studded. In the immediate -neighbourhood of the scaffold, looking downwards, the crowd presented -a dark appearance from the great proportion of males who composed it, -but few females, much under the number that usually attends on similar -scenes were present. Farther out, however, where the pressure was -not so great, the usual proportions of the sexes seemed to be more -nearly maintained. Some few females were sprinkled even in the most -dense parts of the crowd, and their screams and unavailing efforts -to extricate themselves, sometimes gave a painful interest to their -appearance. We noticed one boy who was with great difficulty preserved -from being trampled under foot. Another unlucky youth had by some -chance got elevated above the heads of the crowd, and cut a grotesque -figure as sprawling on the top of the mass, he was tossed by its -movements from side to side; at last he was cast up against the houses -and secured a more stable station on a lamp iron. At the movement of -any part of the mob, a correspondent and simultaneous motion seemed to -be imparted to it in nearly all its parts, and some action<span class="pagenum" id="Page_232">[232]</span> continually -happening, imparted an appearance of a vast substance continually -waving to and fro.</p> - -<p>The numbers collected at this time have been computed at from twenty -to thirty thousand individuals; we were disposed at first to consider -this calculation excessive, but, upon consideration, we are inclined -to believe that the amount has been under rather than overrated. Any -idea of counting is quite out of the question, and guessing by the -appearance in such a case, is nearly equally fallacious. The only -way that tolerable accuracy can be obtained, is by calculating the -superficial extent of the space occupied by the crowd.</p> - -<p>We believe that we are not far wrong in assuming, that the High Street, -from the West Bow to the Tron Church, is about three hundred yards in -length, and averages about thirty yards in breadth. This would give for -the superficial contents of the area, nine thousand square yards. The -people did not quite extend to the Tron Church, but they were higher -than the West Bow, and some standing on the Castle Hill; and taking the -number in Bank Street, and those pushed out of the line in front of -the Advocates’ Library, and into closes and stairs, and throwing off -one thousand square yards, as an ample compensation for the deficiency -about the church, there is still left eight thousand square yards. -The mean density cannot be taken at less than four individuals to the -square yard,—indeed, from the close packing for a considerable way -round the scaffold, we are convinced that this is rather under than -over the mark. This computation will give thirty-two thousand persons -standing on the streets. We imagine that it is reckoning within the -number when we calculate five thousand additional for the crammed -windows, and those adventurous<span class="pagenum" id="Page_233">[233]</span> individuals who occupied the house -tops. In all, we arrive at the enormous number of thirty-seven thousand -persons. We do not give this calculation as strictly correct. It cannot -under these circumstances be so, but we believe that it is nearer the -truth than any guess, and that the whole number approximated more -nearly to forty thousand souls than to thirty-five thousand.</p> - -<p>This immense multitude presented certainly nothing of the appearance -of having come for the purpose of witnessing a sad solemnity, and -differed very widely in demeanour from that which is usually exhibited -by the spectators of an execution. In ordinary cases, a great degree -of sympathy for the sufferer is usually manifested, and even in the -worst a respectful and solemn deportment is observed, as if it was -recognised that they were met upon a melancholy occasion. In this it -was totally different. Every countenance bore an expression of gladness -that revenge was so near, and the whole multitude appeared more as if -they were waiting to witness some splendid procession or agreeable -exhibition. Rude jokes and puns were bandied about, and any opportunity -for fun and frolic to while away the time was immediately seized upon. -Even the disagreeable and almost suffocating pressure was borne with -equanimity, and the glances that were cast at St. Giles’ clock rather -betokened an impatient desire to glut their vengeance by the spectacle -of the arch-fiend’s death-struggles, than an anxiety to be released -from their uncomfortable situation.</p> - -<p>Eight o’clock at last struck solemnly, and commanded universal -attention; all eyes were directed towards the scaffold. It now remains -for us to describe what took place there, and</p> - -<p><span class="pagenum" id="Page_234">[234]</span></p> - -<h2 class="nobreak normal">THE EXECUTION.</h2> - - -<p>We left the <i>cortege</i> proceeding up Libberton’s Wynd, the windows -of which were also filled with spectators. When Bailies Crichton -and Small, who were foremost in the procession, reached the top of -the wynd, and were observed by that part of the crowd who were in a -situation to see them, a loud shout was raised, which was speedily -joined in by the whole mass of spectators. When the culprit himself -appeared ascending the stair towards the platform, the yells of -execration were redoubled, and at the moment that he came full in -view, they rose to a tremendous pitch, intermixed with maledictions, -such as “the murderer! <i>Burke</i> him! choke him, hangie!” and other -expressions of that sort. The miserable wretch, who looked thinner -and more ghastly than at his trial, walked with a steady step to the -apparatus of death, supported between his confessors, and accompanied -by the Rev. Messrs. Marshall and Porteous, and seemed to be perfectly -cool and self-possessed.</p> - -<p>When he arrived on the platform of the scaffold, his composure seemed -entirely to forsake him, when he heard the appalling shouts and yells -of execration with which he was assailed. He cast a look of fierce and -even desperate defiance as the reiterated cries were intermingled with -maledictions, such as we have already described. His face suddenly -assumed a deadly paleness, and his faculties appeared to fail him. -Deafening cries of “hang Hare too,” “where is Hare?” “hang Knox,” were -mingled with the denunciations against Burke.</p> - -<p>His appearance betrayed considerable feebleness, whether from disease -or emotion we cannot say.</p> - -<p><span class="pagenum" id="Page_235">[235]</span></p> - -<p>He was dressed in the suit of black that we have already noticed, which -was rather shabby in appearance. The coat had been made for a man of -a much larger size, and from the looseness gave a look of weakness to -his person. His appearance was that of a short man, narrow about the -shoulder and chest; this proceeded from the dress, as he was really a -well formed muscular man. His head was uncovered, and his hair, which -was of a light sandy colour approaching nearly to white, along with -his dress, gave somewhat of a reverend aspect to him. The resemblance -to the portrait which was given in our third number, was universally -acknowledged by those who were around us, and we cannot give a better -idea of the man at this time to those who did not see him than by -referring to it, allowing for the colour of the hair, the cadaverous -hue, and some alteration which disease, confinement, and the murderer’s -fare, had produced. He wore a white neckcloth, and boots which seemed -to have lain uncleaned for a length of time in some damp place until -they had become mouldy.</p> - -<p>It was precisely five minutes after eight o’clock when they ascended -the scaffold. Having taken his station in front of the drop, he -kneeled with his back towards the spectators, his confessor on his -right hand, and the other Catholic clergyman on his left, and appeared -to be repeating a form of prayer, dictated to him by one of these -reverend persons; the position called forth new shouts and clamours -of “stand out of the way,” “turn him round.” Mr. Marshall, in the -meanwhile, offered up a fervent supplication to Heaven in his behalf. -The bailies, and other persons on the platform, stood round and joined -in the devotions, with the exception of Williams the executioner, and -his assistant, who kept their station all the time at the back of -the<span class="pagenum" id="Page_236">[236]</span> drop. During the prayer a partial silence was obtained, although -there was still considerable confusion and uproar, which Bailie Small -in vain endeavoured to repress, by turning repeatedly and waving his -hand. Mr. Marshall’s prayer occupied exactly five minutes, when he and -the others, excepting the Catholic clergyman, retired from around him, -Burke and the priests still continuing to kneel. His prayers seemed to -be very fervent, and he mentioned to one of the priests, that he died -in the full assurance that he would be saved through the mediation of -our Saviour.</p> - -<p>When he arose from his kneeling posture, he was observed to lift a -silk handkerchief on which he had knelt, and carefully put into his -pocket. He then cast his eyes upwards towards the gallows; and took -his place on the drop, the priest supporting him, though he did not -seem to require it from any bodily weakness. There was some hesitation -displayed in his manner, as if loath to mount; one of the persons who -assisted him to ascend, having rather roughly pushed him to a side, in -order to place him exactly on the drop, he looked round at the man with -a withering scowl which defies all description. While the executioner, -who was behind him, was proceeding with his arrangements some little -delay took place, from the circumstance of his attempting to unloose -the handkerchief at his breast. Burke, perceiving the mistake, said, -“the knot’s behind,” which were the only words, not devotional, uttered -by him on the scaffold, and the only time he spoke to any one excepting -the priests.</p> - -<p>When the hangman succeeded in removing the neckcloth, he proceeded to -fasten the rope round his neck, which he pulled tightly, and after -adjusting it, and affixing it to the <span class="pagenum" id="Page_237">[237]</span>gibbet, put a white cotton -night cap upon him, but without pulling it over his face.</p> - - <div class="figcenter" id="i_b_237fp"> - <img - class="p2" - src="images/i_b_237fp.jpg" - alt="" /> - <p class="center">EXECUTION of WILLIAM BURKE.</p> - <p class="center"><i>taken on the spot.</i></p> - <p class="center sm"><i>Published by Thomas Ireland Jun<sup>r</sup>. Edinburgh.</i></p> - </div> - -<p class="p2">While this was going on, the yells, which had been almost -uninterrupted, became tremendous, accompanied with cries of “hang -Hare too;” “where is Hare.” “<i>Burke</i> the ——, do not waste rope -upon him;” “give him no rope.” “You ——, you will see Daft Jamie in a -minute.” He seemed somewhat unsteady; whether from terror or debility, -we cannot say.</p> - -<p>The Rev. Mr. Reid then advanced, and conversed with him shortly, but -earnestly. It was then, we presume, that he directed him to say the -creed, which he did.</p> - -<p>His countenance continued to present a death-like paleness, but -appeared composed, and he stood unflinching and motionless. When Mr. -Reid retired, the executioner advanced, and offered to draw the cap -over his face. He manifested some repugnance to its being done; but, -with some little difficulty, this part of the fatal preparations was -also completed.</p> - -<p>When every thing was ready, and the assistants withdrawn, he uttered an -ejaculation to his Maker, beseeching mercy, and immediately gave the -signal, throwing the handkerchief from him with an impatient jerk, as -violently as his pinioned arms would permit, and was instantly launched -into eternity.</p> - -<p>Before his removal from the jail, he had said that he would make short -work on the scaffold; and, though evidently disconcerted, and his -ideas scattered by the appalling shouts of the mob, he kept his word. -The whole proceedings<span class="pagenum" id="Page_238">[238]</span> on the scaffold occupied only ten minutes, and -precisely at a quarter past eight o’clock the drop fell. The fall was -very slight, and certainly could not dislocate his neck. It was nearly -so imperceptible, that at one instant he seemed standing, and engaged -in an active operation; on the next, with almost no change visible, he -was hanging helplessly suspended only by the cord that was suffocating -him.</p> - -<p>Though no sympathy could be felt for such a despicable and cold-blooded -monster, it is still a fearful sight to witness death snatching his -victim with such circumstance. If any feeling of pity could be aroused -by this, it must have been heightened by the terrific huzza raised at -the moment he was thrown off, and the populace saw their enemy in the -death struggle.</p> - - <div class="poetry-container"> - <div class="poetry"> - <div class="stanza"> - <div>——“One universal cry there rushed,</div> - <div>Louder than the loud ocean—like a crash</div> - <div>Of echoing thunder.”</div> - </div> - </div> - </div> - -<p>In all the vast multitude there was not manifested one solitary -expression of sympathy. “No one said, God bless him;” but each vied -with another in showing their exultation by shouting, clapping of -hands, and waving of hats.</p> - -<p>This universal cry of satiated vengeance for blood ascending to heaven, -rung through the city, and we are assured was distinctly heard by the -astonished citizens in its most remote streets. Never perhaps was such -a noise of triumph and execration heard, and we may safely say never on -a similar occasion. It was followed by a more partial and savage cry of -“Off with the cowl;” “let us see his face;” and many appeared desirous -of glutting their revenge by gloating on the disgusting spectacle of -his distorted features.</p> - -<p><span class="pagenum" id="Page_239">[239]</span></p> - -<p>The magistrates, clergymen, and executioners immediately upon the drop -falling retreated from the scaffold, and left it under the charge only -of about half a dozen city-officers, who walked about to keep them -from the cold, and looked as if they would willingly have followed the -example of their superiors.</p> - -<p>There was nothing which could be called struggling observable on the -now apparently lifeless body. It seemed as if, slight as was the jerk -given by the fall, instantaneous death had been produced, although the -neck could not have been dislocated, yet the body swung motionless -except from the impetus given by the fall, until about five minutes -after the suspension, when a slight convulsive motion of the feet -and heaving of the body indicated that vitality was not entirely -extinguished. Upon observing this another cheer was raised by the crowd -who were anxiously watching the body. It was repeated at intervals -as the motions were renewed. This happened we think perhaps twice -after the first, each time diminishing in force until the last seemed -merely a slight tremulous motion of the feet, imperceptible except to -those who were gazing intently upon the body. Notwithstanding that the -criminal was now obviously dead, and nothing visible but his wretched -carcass hanging at the end of a cord, a disgusting spectacle of the -pitch of degradation that guilt and crime can reduce a human being to, -the populace showed no disposition to disperse, and comparatively few -left the place. They seemed to wait for the purpose of gloating their -eyes with the spectacle of the last agonies of this object of their -implacable dislike, but after the occurrence of what we have mentioned, -there were no indications of sensation, and the very gradual swinging -round appeared to be produced by the action of the wind: The head also, -as usual, leaned a<span class="pagenum" id="Page_240">[240]</span> little to one side, which added a more miserable -character to the scene.</p> - -<p>At a particular part of the crowd a cry of “to Surgeons’ Square,” was -now raised by some individuals, and a large body detached themselves -from the mass and proceeded in that direction. The signal was not -imparted to any other part, and the movement confined to the quarter -in which it originated. We are informed that the detachment which thus -broke off, though large when it left the Lawnmarket, was gradually -diminished by stragglers who dropped off in its progress, until upon -reaching its destination it was not able to cope with the party of -policemen who were stationed there in anticipation of such an attack. -Though they removed from the thickest part of the crowd, their -defalcation did not produce a sensible difference in the appearance. -At this time a baker had the hardihood to attempt a passage down the -street with a board on his head and a few rolls in it, and, contrary -to expectation, succeeded in accomplishing it. At one time his board -was nearly capsized, but an escort of fellow tradesmen quickly rallied -round him, and guarded him safely past the danger. A chimney-sweeper -with his ladder was not so fortunate as the baker, as his brethren -probably did not muster so strong, and he had to retreat without -accomplishing his purpose. With such incidents the mob were amused, -while the melancholy spectacle was exhibited before them, and their -laughter and glee continued unabated up to their dispersion.</p> - -<p>At the time this was passing we observed a person dressed in a drab -great coat hallooing and encouraging the mob to persevere in these -manifestations of their feelings, from a window on the second floor of -a house, a little to the eastward of the scaffold, on the opposite<span class="pagenum" id="Page_241">[241]</span> -side. This individual, who seemed anxious to render himself conspicuous -by prompting fresh ebullitions of the popular sentiment, persevered -indefatigably in his exertions until the body was cut down; but the -vengeance of the mob appeared to have been satiated with the death of -the criminal, and the shouts, though renewed at intervals, gradually -became fainter and fainter.</p> - -<p>After hanging a considerable time, some individual from below the -scaffold, the under part of which was boxed in for the reception of -the body when it should be cut down, gave the body a whirl round, but -no motion except what was thus given was observable. From the same -place was handed up to the town-officers on the platform shavings and -chips taken out of the rude coffin underneath. These were held up to -the populace, and some chips thrown over among them;—conduct which -did not appear very decorous from the official attendants upon such -a solemnity. At five minutes to nine o’clock, Bailies Crichton and -Small again came up Libberton’s Wynd, still habited in their robes and -with their staffs, but did not ascend the scaffold. The executioner -mounted it and immediately commenced lowering the body, which was done -by degrees and rather leisurely. Again the people made the welkin ring -with three hearty cheers when they saw their vengeance completed. A few -cries of “Let us have him to tear him in pieces” were heard, but there -was no colour for what has been said in a newspaper account, that there -appeared indications of a riot to effect this. There was perhaps never -a tithe, or a twentieth part of the same number collected in Edinburgh -who showed less disposition to disturb the public peace. So far from -the bold front of the policemen deterring them from their purpose, the -policemen stood all the time with their backs to the crowd, and we -believe had not to interfere in a single instance. Had the purpose of -the mob been evil, and had they acted simultaneously, no bold<span class="pagenum" id="Page_242">[242]</span> front of -the detachment of police, though it was strong, could have prevented -them attaining their object: the physical force and pressure of such -a mass would have overwhelmed all the officers present. But the crowd -were in perfect good humour, and never was there one that thought -less of rioting. Their desires were gratified—their aspirations were -answered, the arch-criminal had met with his doom, and there was for -the present nothing to ruffle their tempers. Accordingly after the body -was lowered, the people commenced dispersing quietly, and in an orderly -manner, until the streets were perfectly cleared. The body was lowered -precisely at five minutes before nine o’clock, having hung exactly -forty minutes. Upon its falling into the space under the scaffold, -which was boxed in, a scramble took place among the operatives for -relics, consisting of pieces of the rope, shavings from the coffin, &c. -&c. The body was placed in a shell and almost immediately carried down -on men’s shoulders to the Lock-up-house.</p> - -<p>The populace, upon seeing this winding up of the business, quietly -dispersed. All Wednesday, however, large groupes visited the scene.</p> - -<p>Instantly after the tragedy was closed, the men who were to remove the -scaffold and other erections appeared and commenced operations; such -was their celerity that by half-past eleven o’clock all traces of it -were removed.</p> - -<p>We have abstained in the foregoing account of the exit of this -notorious criminal, from expressing any opinion upon the very -remarkable and unusual display of feeling which was manifested by -the immense majority of the spectators present, but have contented -ourselves simply with describing these ebullitions along with the other -incidents attendant on it, conceiving that to our readers who<span class="pagenum" id="Page_243">[243]</span> did -not witness it, they would form part and parcel of the transactions, -aye, and a more important part than either some of the actions of the -culprit, or the doings of the officials engaged in it. No one who -witnessed the unprecedented conduct of the crowd, could have hindered -himself from being impressed with it: and assuredly we did not survey -it with indifference, nor refrain from forming an opinion. Some of the -journals who record such events, appear to have felt very wrathful upon -the occasion, and to have lavished every term of vituperation upon -those whose conduct ran counter to their fine drawn sentimentality. We -confess that we cannot see any reason for indulging in such excessive -sensibility. It is not customary certainly to behave so; and this -departure from the etiquette of an execution is probably what has -shocked them; but then we must recollect that ordinary executions -are very different things from what this was, and that in them the -expression of feeling and sympathy for the sufferer is genuine and -heartfelt; and if those who exhibit it are entitled to any praise for -honesty and sincerity in that case, they have not forfeited it in -this, as there can be no doubt that the behaviour complained of was an -unpremeditated and simple expression of detestation for the crime, and -exultation that punishment had overtaken it.</p> - -<p>No comparison can be drawn between a man who is executed for some petty -theft, whom the frequenters of executions cannot bring themselves to -consider as a very desperate felon, and a monster who is most justly -hanged for one execrable murder, when there are fifteen behind as -abominable. The sentiments and opinions of the mob cannot be the same -in the one case, as in the other; they cannot enter into nice legal -distinctions—if indeed legal distinctions would blame them; but they -see one man suffer for stealing a few shillings, and they pity him, -and another for murdering sixteen individuals, and they execrate him.<span class="pagenum" id="Page_244">[244]</span> -There is nothing extraordinary in all this, though it is unusual, -almost unprecedented, that an opportunity should occur to call it -forth. To show any thing else than an implacable aversion to such great -moral turpitude, would have been to manifest a slight perception of -evil, and we suspect that those who blame the shouters, were themselves -actuated by equally honourable feelings, though they would not permit -them to operate in the same way.</p> - -<p>We will concede to them, that people of very refined feelings and -cultivated minds would not triumph over the last moments of the most -depraved man who ever lived, and that Burke was that man, perhaps with -the exception of Hare, there can be no question; but then we must -recollect that those who jostled each other upon the High Street of -Edinburgh on the morning of the execution, make no pretensions to such -high refinement. We must also bear in mind, that many of the populace -were of the same rank in life as the massacred victims, and that they -naturally felt more deeply on the subject than those whose station -and habits removed them from the risk of being butchered. Also, that -a notion had gone abroad among these people that their bodies were -mangled for behoof of a science which is to benefit more peculiarly the -rich, and that those obnoxious individuals who exercise the inhuman -trade of resurrectionists, are screened by them from the punishment -they merit. They believed also that there was a desire to deal too -leniently towards this ruthless gang, and that although one of them had -been sacrificed, others of the delinquents had been snatched from a -deserved fate, because their blood was little accounted of. It had been -even imagined that a disposition was cherished of saving the life of -Burke, and that he was unwillingly consigned to his fate; now all this -is very erroneous, and some of it very absurd, but still these opinions -were conscientiously held by numbers, and would be as<span class="pagenum" id="Page_245">[245]</span> operative in -dictating an expression of their feelings, as more rational ideas could -have been.</p> - -<p>It is not wonderful, then, that when they witnessed the preparations -for the ceremony, they should indulge in expressions of satisfaction; -and that when the culprit himself was exhibited before them, an -uncontrollable and simultaneous shout of triumphant exultation should -burst forth, and that execration for his enormous guilt should have led -the vast multitude, without concert or premeditation, to repeat again -and again their acclamations.</p> - -<p>The law in such cases justly and wisely, but relentlessly, consigns -the perpetrators to death, and the public voice also relentlessly adds -to it obloquy and reproach. Nay more, the Lord Justice Clerk, before -passing sentence, mentioned that he was prevented only by a sense -“that the public eye would be offended by so dismal a spectacle,” -from ordering also, “that to satisfy the violated laws of his country -and the voice of public indignation, his body should be exhibited in -chains, to bleach in the winds, in order to deter others from the -commission of similar offences.” His Lordship, so far from having any -aversion to posthumous vengeance, adds, “I trust, that if it is ever -customary to preserve skeletons, yours will be preserved, in order -that posterity may keep in remembrance your atrocious crimes.” And he -could scarcely have used other terms in animadverting upon what he -justly characterized in the following words: “A crime more atrocious, a -more cold-blooded, deliberate, and systematic preparation for murder, -and the motive so paltry, was really unexampled in the annals of this -country.” His Lordship’s colleagues also expressed themselves in -similar terms, and still the people are blamed for acting in unison -with their declared sentiments.</p> - -<p><span class="pagenum" id="Page_246">[246]</span></p> - -<p>Even the hangman seemed to share in the general feeling. His -instructions to the porter who assisted him were conveyed in the -following petty sentence, “Hold him till I get the rope adjusted, and -then let the —— kick.” When fastening the rope about his neck, he did -give it an unmerciful tug, so as nearly to strangle him.</p> - -<p>It is admitted by those who complain of the violation of decency and -good taste, that he was a cold-hearted miscreant, towards whom a spark -of sympathy could not be extended, and his atrocities are denounced -in eloquent and indignant terms, and yet it appears to have been -anticipated that the public, on the only occasion they had of publicly -manifesting their sentiments, should have met him with a semblance -of pity and forgiveness. They could not have done so without doing -violence to every feeling that agitated them, and it would have been -an unaccountable piece of hypocrisy to have attempted it. Public -detestation unequivocally expressed, is always an important, and -sometimes the most important auxiliary of punishment, and the scorn -and contumely that is heaped upon a guilty head may be the best ally -of the repressors of immorality, and if there was in that assemblage -one individual whose sordid soul, could contemplate the commission -of enormities which might outrage humanity, and bring on him similar -manifestations of disgust, it must have acted as a solemn warning -when he made the terrible discovery, that “when it goeth well with -the righteous the city rejoiceth, and when the wicked perish there is -shouting.”</p> - -<p>Our sentiments concerning the character of the unhappy wretch, and -his crimes, has been explicitly stated in the foregoing part of this -narrative, but it may not be unacceptable to our readers that a brief -view of the opinions of others should be furnished. We subjoin, -therefore, the<span class="pagenum" id="Page_247">[247]</span> following observations, the merit of which may well -justify their insertion.</p> - -<hr class="tb" /> - -<p>The atrocious murderer, Burke, whose hands were more deeply dyed -in innocent blood than those of any other homicide recorded in the -calendar of crimes, has undergone the sentence of the law; and from the -narrative of the concomitants of the tragedy, it will be seen that the -circumstances attending his exit were as extraordinary as his guilt was -transcendant and unprecedented. Essentially and in his real character -an ignoble, base, mean-spirited wretch, this wholesale assassin, by the -mere extinction or obliteration of every moral principle and feeling of -his nature, and by a consequent abandonment of the faculties bestowed -upon him to the commission of crime, has succeeded in obtaining “a bad -pre-eminence,” even among those who had prostituted and degraded far -higher endowments to the ways of iniquity; and a name which ought never -to have been heard of beyond the precincts of the lowest and meanest -compartment of society, is now damned to immortal infamy, and stands -out in strong relief from the long and black catalogue of those who -have most signalised themselves by their daring violation of the laws -both of God and of man. In fact, it was reserved for this incredible -monster and his associate fiends to reduce murder to a system, and to -establish a regular traffic in the bodies of their victims. Ordinary -homicides slay from passion or revenge; the murders they commit are -the product of an ungovernable and overmastering impulse, which hurls -reason from her seat, and, in the wild conflict of guilty passion, -precipitates them into the commission of acts which are no sooner done -than they would perhaps give the universe were they undone. But Burke -and his crew possess the horrid and anomalous distinction of having, -without<span class="pagenum" id="Page_248">[248]</span> the palliation of passion, or of any other motive which a -just view of human infirmity can admit in extenuation, and from a -base and sordid love of gain, and of acquiring the means of rioting -in profligacy and iniquity of every sort, established a traffic in -blood upon principles of cool calculation, and an utter recklessness -of either God or man, which would have done no discredit to Mammon -himself. Hence it is, that Burke is perhaps the only criminal who has -died, not only without exciting an emotion of pity in a human bosom, -but amidst the curses, both loud and deep, of the assembled thousands -who witnessed the ignominious termination of his guilty career. The -wild shouts of exultation which saluted him upon his appearance on the -scaffold, and which rung in his ears with still fiercer acclamations -when the world was closing on him for ever, must have appalled even the -heart of ice within his worthless bosom, and sounded as the knell of a -judgment to come, where the spirits of the slain would rise up before -him to demand a just retribution. Yet at that awful moment, when his -deeds of blood must have arisen before him, and when the unknown future -must have presented itself to his mind as the past was about to close, -the wretch seemed almost calm, and looked defiance, nay, scorn at those -who, yielding to their overpowering sense of his crimes, blasted his -last moments with their shouts of wild triumph and exultation.</p> - -<hr class="tb" /> - -<p>It will be long ere such a scene as this occur again, unless, indeed, -as is the devout wish of every one, a similar spectacle be produced -by the execution of Hare. There never, perhaps, was such a signal and -appalling expression of a whole populace’s indignation as on this -occasion. The nature of the feeling by which they were actuated, -indeed, could only be estimated by looking at the species of crime,<span class="pagenum" id="Page_249">[249]</span> -at once so novel and so aggravated, of which the wretch has been -convicted. History, even in its blackest record, the <i>Newgate -Calendar</i>, has disclosed nothing similar or equal in atrocity to the -late transactions at the West Port, if we except one or two straggling -and doubtful cases, which the progress of inquiry, stimulated by the -recent events, has since elicited. The commission of such horrors, and -the state of mind and feeling which could bend to their commission, -formed, as it were, a new era in the history of human nature and -of human crime. A proportionate impression was communicated to the -multitude, who literally stood for a season “in pitiless horror fixed.” -Found guilty of a tissue of enormities, at the very least, of which -one would require to be something more or less than human to refrain -from shuddering, the execution of this monster was anticipated by -thousands without any of those sentiments of commiseration which -usually accompany such spectacles. After all was granted that the -advocates of science could demand, still the bare <i>species facti</i>, -and no sophistry could pervert or soften that, was narrowed and nailed -down to this, that Burke had done a deed which stands highest in the -code of crime, by the laws both of God and man,—that he had done -so, not from any of these various motives or temptations which the -indulgence of mankind is often apt to admit as palliatives to guilt, -but from the basest of all considerations, the procurement of a paltry -pittance,—and that he had contracted this heavy villany, not once or -twice, or from sudden or casual impulses, but coolly and deliberately -had gone about exercising the work of murder as a trade—dealing with -human creatures as a butcher deals with cattle—shedding their blood -and selling their flesh for bread.</p> - -<p><span class="pagenum" id="Page_250">[250]</span></p> - -<p>It is impossible, without adverting to all these facts, to form any -conception of the popular fury on this occasion. It might be possible -to imagine a case in which a criminal, although exhibiting the very -highest depravity, might yet be not improperly looked upon with the -eye rather of pity than of condemnation,—as one whom nature had given -instincts and passions such as she gives alike to man and brute, but -for whom subsequent events had done worse than nothing. In fact, such -is the strong tendency of mankind to revolt from the idea of such -unnatural enormities being committed in aught of human shape, that -when the system of traffic which had been practised by Burke and his -associates first flashed in a full disclosure on men’s understandings, -not a few were inclined to search, in some extenuating circumstances -of this kind, for a cause of palliation of this unparalleled felon’s -iniquity. It was at least not an impossible supposition, that the -wretched man might have been labouring under a total insensibility of -moral and even of intellectual feeling, arising from an entire want of -education—from a mind dull and inert in its perceptions originally, -and not only in after life allowed to lie waste, but rendered still -more callous and impassive every day by a constant contact with scenes -of infamy. Could we indeed imagine that Burke had been left to have his -character formed under an accumulation of influences fatal and awful -to contemplate as these are—that his life had been always spent in -profligate habits and profligate haunts—that he had been born with a -ferocious and indocile nature, and bred in situations which barred all -progressive movements to good—that, in short, he had never had ideas -poured into his intellect, or any humane feelings generated in his -bosom—then perhaps it might furnish matter of curious investigation -to the metaphysicians, whether he was not, after all, a case which -called for deep sympathy. But<span class="pagenum" id="Page_251">[251]</span> enough has transpired of the history -of this extraordinary man, to show that he at least was placed in no -such deplorable predicament. His education and rank in life, instead -of having been by any means of the lowest order, were such as, in -the judgment of the world, and on the authority of experience, are -held of necessity to humanize and inform the mind, and to communicate -perfectly just conceptions of moral distinctions. In addition to this, -many people hold it to have been made out that Burke was a man of -strong mind, of an understanding much superior to his condition. When, -therefore, he stood convicted before his country as one who, for his -livelihood, had been a wholesale dealer in human slaughter, he stood -without the benefit of one single mitigating circumstance, to weaken -the profound sense of horror and indignation which pervaded all hearts. -He had known the full measure and enormity of the guilt which he was -perpetrating, and the whole practical amount of human suffering which -he was inflicting day by day on bereaved families and friends; and, -appearing in this light, every one felt that it was idle to talk of -mercy, and the most charitable were disposed to say, Let the law take -its course.</p> - -<hr class="tb" /> - -<p>During the whole of Wednesday the College was beset by numbers anxious -to catch a glimpse of the body as it was conveyed to Dr. Monro’s -Anatomical Theatre. It was resolved, however, that the removal should -not take place upon that day, but should be effected in the subsequent -night, when there was no probability of a crowd collecting. Still, -however, the people continued to stand and gaze at the building in -which they believed him to be, as if they expected the inanimate body -to appear to them.</p> - -<p><span class="pagenum" id="Page_252">[252]</span></p> - -<p>Early on Thursday morning the corpse was removed from the Lock-up-house -to the College, and placed in one of Dr. Monro’s rooms. Several -scientific gentlemen attended at an early hour to examine the -appearances before the promiscuous entry of the students should prevent -their undisturbed examination; among others we noticed Mr. Liston, Mr. -George Combe, and his philosophical opponent Sir William Hamilton; Mr. -Joseph the eminent sculptor, was also present, and took a bust of the -criminal. Sketches were likewise taken by more than one young gentleman.</p> - -<p>The body was that of a man you might call stout or sturdy. The neck -was one of those that are usually denominated a bull-neck. The chest -and the upper part of the arms were extremely muscular. The lower -parts were so also, but not in the same proportion. The lower part of -his body was thin, but his thighs were extremely large, the leg and -foot small. Altogether he exhibited any thing but the appearance of an -emaciated body, and every one was astonished to find it display such -plumpness and stoutness, differing very materially from the aspect -he had upon the scaffold,—but then, as we have already noticed, the -size of the clothes making them hang loosely upon him, gave a look of -feebleness and narrowness to the chest which it did not possess.</p> - -<p>The countenance was not so much altered after death as is usually -the case, or as was generally expected. It presented the appearance -of great placidity, without the slightest thing which could indicate -that he had suffered a violent death, excepting the discoloration of -the neck where the cord had surrounded it and made a livid mark; nor -was there that fulness of the features generally attendant on those -who have suffered a similar death, owing,<span class="pagenum" id="Page_253">[253]</span> perhaps to his head having -been supported in a perpendicular position after being cut down. The -countenance betokened the same meanness and low wickedness which it -exhibited at the trial.</p> - -<p>In the course of the forenoon the body was inspected by a number of -individuals, though the public were not admitted generally.</p> - -<p>Professor Monro, in pursuance of the sentence of the Court, gave a -public dissection of the body at one o’clock to a numerous audience; -indeed the class-room was quite crowded. The learned lecturer was -received with every mark of respect, accompanied by the usual -demonstrations of welcome. We observed among the audience many highly -respectable professional gentlemen anxiously waiting to hear Dr. Monro -upon the particular subject of the day’s lecture, as it was known that -it was to be the brain, a portion of the anatomy of the human body on -which the professor has bestowed particular attention, and on which, in -consequence, his lectures are particularly valued. He has also some new -views regarding the brain, the correctness of which we are assured the -result of the lecture sufficiently proved. Previously to commencing, -the professor did every thing in his power to satisfy the curiosity of -those who wished to have a view of the features, by exposing him in the -most favourable position. In the dissection he was aided by his able -assistant, Mr. M‘Kenzie. It was commenced by first taking off the scalp -to show the muscles of the upper part of the head; these being removed, -the skull was sawn through, and the brain with its covering exposed. -The quantity of blood that gushed out was enormous, and by the time the -lecture was finished, which was not till three o’clock, the area of the -class-room had<span class="pagenum" id="Page_254">[254]</span> the appearance of a butcher’s slaughter-house, from its -flowing down and being trodden upon.</p> - -<p>The anxiety to obtain a sight of the vile carcass of the murderer was -exceedingly great, particularly after the dismissal of Dr. Monro’s -class; and the Doctor, in the most obliging manner, accommodated every -one to the utmost extent the apartments would admit of. About half -past two o’clock, however, a body of young men, consisting chiefly of -students, assembled in the area, and becoming clamorous for admission -<i>en masse</i>, which of course was quite impracticable, it was found -necessary to send for a body of Police to preserve order. But this -proceeding had quite an opposite effect from that intended. Indignant -at the opposition they met with, conceiving themselves to have a -preferable title to admission, and exasperated at the display of -force in the interior of the University, where they imagined no such -interference was justifiable, the young men made several attempts, in -which they had nearly succeeded, to overpower the Police, and broke -a good deal of glass in the windows on either side of the entrance -to the Anatomical Theatre. The Police were in fact compelled to use -their batons, and several hard blows were exchanged on both sides. -The Lord Provost was present for some time, but was glad to retire -with whole bones, amidst the hootings of the obstreperous youth, who -lavished opprobrious epithets on the Magistrates, particularly on -Bailie Small, the College Bailie, who displayed considerable activity, -and harangued the assemblage from time to time with apparently very -little effect. Attempts were made to convey some prisoners the Police -had made across the square, but they were speedily rescued on attaining -the open space. Those captured afterwards were lodged in one of Dr. -Monro’s rooms, but this scarcely<span class="pagenum" id="Page_255">[255]</span> afforded more secure custody. It -was also attempted to clear the yard with but indifferent success; -indeed the Police were overmatched, and could only stand their ground -by avoiding the open area. The disturbance lasted from half-past two -till nearly four o’clock, when an end was at once put to it by the -good sense of Professor Christison, who announced to the young men -that he had arranged for their admission in parties of about fifty at -a time, giving his own personal guarantee for their good conduct. This -was received with loud cheers, and immediately the riotous disposition -they had previously manifested disappeared. We cannot conceive why this -expedient was not thought of earlier; for if it had, there would have -been no disturbance of any kind. Several of the more violent of the -youths were taken into custody by the Police, but were very properly -liberated on their parole by the Magistrates. The whole fracas, indeed, -was a mere ebullition of boyish impatience, rendered more unruly by -their extreme curiosity to obtain a sight of the body of the murderer. -Several of the policemen were severely hurt; but <i>en revanche</i>, we -believe not a few of the young men have still reason to remember the -weight of their batons, and some severe contusions were received. South -Bridge Street, in front of the College, was kept in a continued uproar, -and almost blocked up by the populace who were denied access to the -interior, and had the approaches not been guarded fresh accessions of -rioters might have given it a more serious aspect. In fact, the body of -Police on duty were too weak for the rioters, small parties being sent -from the office as they came in from other quarters; a circumstance -which rendered it necessary for them to use harsher means than they -would otherwise have employed. On Friday, however, matters were better -arranged. An order was given to admit the public generally to view -the<span class="pagenum" id="Page_256">[256]</span> body of Burke, and of course many thousands availed themselves -of the opportunity thus afforded them. Indeed so long as daylight -lasted, an unceasing stream of persons continued to flow through the -College Square, who, as they arrived, were admitted by one stair to -the Anatomical Theatre, passed the table on which lay the body of the -murderer, and made their exit by another stair. By these means no -inconvenience was felt except what was occasioned by the impatience of -the crowd to get forward to the Theatre.</p> - -<p>On that day we again paid the College a visit, and formed part of the -immense multitude who pressed on anxious to see the remains of the -wretch. Having made our way to the stairs leading to the class-room, -we moved up without much exertion of our own being required. The -progression alone of the dense body which kept continually advancing, -almost supplying the place of our usual locomotive powers. After a -sufficiency of squeezing, we found ourselves in the room, where we -tarried for awhile, that we might have sufficient time to make more -minute observations than those who were hurriedly carried past in the -continuous stream that moved along. The body was lying on the black -marble table, which is usually in the class-room, on one side of the -area, so as to allow free ingress and egress.</p> - -<p>To give a better idea of what the countenance had been, the skull cap -which had been sawn off the preceding day was replaced, and the outer -skin brought over it, so as to retain it in the proper situation. -The face, however, was much altered. We understand that an immense -quantity of blood had flowed from the body during the night, producing -doubtless the paleness which was now its principal<span class="pagenum" id="Page_257">[257]</span> characteristic. -The features had entirely lost that decidedness and sharpness they -yesterday possessed. The nose was thickened, as the lips likewise were, -producing that bloated appearance usually seen in the faces of those -who have died from strangulation. It altogether no longer presented the -countenance of Burke.</p> - -<p>It was really amusing to observe the different emotions displayed -in those approaching and passing the body. They presented as great -a variety of faces, both in old and young, as the most zealous -physiognomist could have wished for in his studies. Some hesitated at -the entrance, half inclined to retrace their steps, as if appalled -at their own audacity in venturing so nearly into the presence of a -corpse. The crowd behind, however, and their own curiosity urged them -on, and they were almost borne past with uncovered head and pallid lip. -Others walked boldly forward, viewing the body with a malicious smile, -which spoke plainly their disgust at the crimes of the individual, and -that this aversion overcame every sentiment of horror they might have -felt at another time in looking on a similar spectacle.</p> - -<p>The immense concourse of people whose curiosity induced them to visit -this sad and humiliating spectacle of fallen and degraded man may -be judged of, when it is mentioned, that by actual enumeration it -was found that upwards of sixty per minute passed the corpse. This -continued from ten o’clock until darkening, and when we left at nearly -four o’clock the crowd was increasing, we cannot compute the number at -less than twenty-five thousand persons, and counting the other days on -which many saw him, though the admissions were not so indiscriminate, -the amount cannot be reckoned under thirty thousand souls.<span class="pagenum" id="Page_258">[258]</span> A greater -number of males probably than was present at the execution, and a far -greater concourse perhaps than ever paid homage to the remains of any -great man lying in state.</p> - -<p>We understand, though we did not witness it, that some women whose -curiosity presented a stronger impulsive motive than could in them be -counteracted by the characteristic grace of a female,—modesty, found -their way with the mob into the room where the naked body was exposed. -It is not likely, however, that their curiosity will, in such a case, -again get the better of their discretion, as the males, who reserve -to themselves the exclusive right of witnessing such like spectacles, -bestowed such tokens of their indignation upon them as will probably -deter them from again visiting an exhibition of the sort; seven in all -is said to be the number of females in Edinburgh so void of decency; -but in justice even to them we may presume that they did not anticipate -such an exposure. Several more however cast a longing look into the -University, and even ascended the steps, but had the prudence again to -retire.</p> - -<p>Next day, Saturday, all ingress was denied, and again the front of -the College presented a scene of confusion sufficiently annoying to -those in the neighbourhood, and to passers by. Long after they had -ascertained that no admission was allowed, the people continued gazing -at the outer walls, and when their curiosity was abundantly gratified -by this, or their patience exhausted, fresh arrivals of unwearied -spectators arrived.</p> - -<p>The phrenologists have, as a matter of course, seized with avidity this -opportunity of, as they imagine, through it exhibiting the advantage of -their favourite science, and thereby advancing it in public estimation. -We will, out<span class="pagenum" id="Page_259">[259]</span> of the descriptions of the number given forth, confine -ourselves to the two following.</p> - - -<h2 class="nobreak normal">PHRENOLOGICAL DEVELOPMENTS OF BURKE.</h2> - - -<p>For the following measurement of the head of Burke, with the -development deduced from it, we are indebted to an ingenious friend who -has taken some interest in the science of Phrenology, without, however, -becoming a convert to its doctrines. The measurement was taken with -the greatest care, in the presence and with the assistance of an able -Phrenologist: so that its accuracy may, we believe, be confidently -relied upon:—</p> - - -<h4 class="smcap">Measurement.</h4> - -<table summary="measures" class="smaller"> - <tr> - <td class="cht"></td> - <td class="right">Inches.</td> - </tr> - - <tr> - <td class="cht">Circumference of the head</td> - <td class="left1">22.1</td> - </tr> - - <tr> - <td class="cht">From the occipital spine to lower Individuality</td> - <td class="left">7.7</td> - </tr> - - <tr> - <td class="cht">From the ear to lower Individuality</td> - <td class="left">5</td> - </tr> - - <tr> - <td class="cht">From ditto to the centre of Philo-progenitiveness</td> - <td class="left">4.8</td> - </tr> - - <tr> - <td class="cht">From ditto to Firmness</td> - <td class="left">5.4</td> - </tr> - - <tr> - <td class="cht">From ditto to Benevolence</td> - <td class="left">5.7</td> - </tr> - - <tr> - <td class="cht">From ditto to Veneration</td> - <td class="left">5.5</td> - </tr> - - <tr> - <td class="cht">From ditto to Consciousness</td> - <td class="left">5</td> - </tr> - - <tr> - <td class="cht">From Destructiveness to Destructiveness</td> - <td class="left">6.125</td> - </tr> - - <tr> - <td class="cht">From Cautiousness to Cautiousness</td> - <td class="left">5.3</td> - </tr> - - <tr> - <td class="cht">From Ideality to Ideality</td> - <td class="left">4.6</td> - </tr> - - <tr> - <td class="cht">From Acquisitiveness to Acquisitiveness</td> - <td class="left">5.8</td> - </tr> - - <tr> - <td class="cht">From Secretiveness to Secretiveness</td> - <td class="left">5.7</td> - </tr> - - <tr> - <td class="cht">From Combativeness to Combativeness</td> - <td class="left">5.5</td> - </tr> -</table> - -<p><span class="pagenum" id="Page_260">[260]</span></p> - - -<h4 class="smcap">Development.</h4> - -<p>Amativeness, very large. Philo-progenitiveness, full. -Concentrativeness, deficient. Adhesiveness, full. Combativeness, -large. Destructiveness, very large. Constructiveness, moderate. -Acquisitiveness, large. Secretiveness, large. Self-esteem, rather -large. Love of approbation, rather large. Cautiousness, rather large. -Benevolence, large. Veneration, large. Hope, small. Ideality, small. -Conscientiousness, rather large. Firmness, large. Individuality, upper, -moderate. Do. lower, full. Form, full. Size, do. Weight, do. Colour, -do. Locality, do. Order, do. Time, deficient. Number, full. Tune, -moderate. Language, full. Comparison, full. Casualty, rather large. -Wit, deficient. Imitation, full.</p> - -<p>The above report, it may be necessary to observe, was taken a few hours -after the execution. In consequence of the body having been thrown -on its back, the integuments not only at the back of the head and -neck, but at the posterior lateral parts of the head were at the time -extremely congested; for in all cases of death by hanging, the blood -remaining uncoagulated, invariably gravitates to those parts which are -in the most depending position. Hence, there was a distension in this -case over many of the most important organs which gave, for example -<i>Amativeness</i>, <i>Combativeness</i>, <i>Destructiveness, &c.</i> -an appearance of size which never existed during life, and, on the -other hand, made many of the moral and intellectual organs seem in -contrast relatively less than they would otherwise have appeared. In -this state, a cast of the head was taken by Mr. Joseph; but although -for Phrenological purposes it may do very well, yet no measurement -either from the head<span class="pagenum" id="Page_261">[261]</span> itself in that condition, or a cast taken from -it, can afford us any fair criterion of the development of the brain -itself. We know that this objection applies to the busts of all the -murderers which adorn the chief pillars of the Phrenological system, -and in no case is it more obvious than in the present.</p> - -<p>Our able Professor, Dr. Monro, gave a demonstration of the brain to -a crowded audience on Thursday morning, and we have, from the best -authority, been given to understand, that it presented nothing unusual -in its appearance. We have heard it asserted, that the lateral lobes -were enormously developed, but having made inquiry on this subject, we -do not find they were more developed than is usual. As no measurement -of the brain itself was taken, all reports on this subject must be -unsatisfactory; nor could the evidence of an eye-witness in such a -matter prove sufficient to be admitted as proof either in favour of or -against Phrenology.</p> - -<p>The question which naturally arises is, whether the above developments -correspond with the character of Burke? It is not our intention -to enter into any controversy on this subject; yet we cannot help -remarking, that it may be interpreted, like all developments of a -similar kind, either favourably or unfavourably for Phrenology, as -the ingenuity or prejudices of any individual may influence him. We -have the moral organs more developed certainly than they ought to -have been; but to this it is replied, that Burke, under the benign -influence of these better faculties, lived upwards of thirty years, -without committing any of those tremendous atrocities which have so -paralysed the public mind. He is neither so deficient in Benevolence -nor Conscientiousness as he ought to have been, phrenologically<span class="pagenum" id="Page_262">[262]</span> -speaking, and these organs, which modified and gave respectability -to his character for as many as thirty years, all of a sudden cease -to exercise any influence, and Acquisitiveness and Destructiveness, -arising like two archfiends on both sides, leave the state of -inactivity in which they had reposed for so long a period, and gain a -most unaccountable control over the physical powers under which they -had reposed for so many years succumbed. But, is the size of the organ -of Destructiveness in Burke larger than it is found in the generality -of heads?—and are his organs of Benevolence and Conscientiousness less -developed than usual?—We hope to have it in our power, at an early -period, to adduce sufficient evidence to determine these questions; -and in the mean time, leave our readers, who have the inclination and -leisure, to amuse themselves, like the astrologers of old, with the -above phrenological horoscope of this atrocious criminal.</p> - -<hr class="tb" /> - -<p>It is an old saying that Doctors differ; nor has our recent experience -tended, in any degree, to abate our confidence in this maxim. As it is -desirable, however, to show both sides of a question at once, we insert -the following “Observations on the Head of William Burke,” from the pen -of a distinguished Phrenologist:—</p> - -<p>Public attention has been so strongly attracted by the atrocious -crimes of Burke, that the other incidents of his life, and his general -character as a man, are liable to be altogether overlooked. In viewing -his character, however, with a philosophic eye, the whole mental -qualities manifested by him in the different situations in which he was -placed, must be taken into account.</p> - -<p><span class="pagenum" id="Page_263">[263]</span></p> - -<p>Burke was born in the parish of Orrey, county of Tyrone, in Ireland, -in the spring of 1792. When at school, he was distinguished as an apt -scholar—a cleanly, active, good-looking boy; and though his parents -were strict Catholics, he was taken into the service of a Presbyterian -clergyman, in whose house he resided for a considerable time. He -was recommended by the minister to a gentleman in Straban, in whose -employment he remained for several years.</p> - -<p>He subsequently tried the trade of a baker, at which he continued -only for five months. He thereafter became a linen-weaver, but soon -got disgusted with the close application that was essential to earn a -livelihood at that poorly-paid, irksome employment, and he enlisted in -the Donegal militia. He was selected by an officer as his servant, and -we are told that he demeaned himself with fidelity and propriety. While -in the army, he married a woman in Ballinha, in the county of Mayo, and -after seven years’ service, the regiment was disbanded, and he went -home to his wife. He shortly afterwards obtained the situation of groom -and body-servant to a gentleman in that vicinity, with whom he remained -three years.</p> - -<p>He subsequently came to work at the Union Canal in Scotland, and -there formed an acquaintance with the woman M‘Dougal, who became -remarkably fond of him, deserted her paternal roof for his society, -and attached herself to him, partaking of his various fortunes during -the last ten years of his life. It is mentioned that Burke treated -her with kindness, and acknowledged her as his wife; and that she was -passionately fond of him in return.</p> - -<p>Being reduced to much wretchedness and poverty,<span class="pagenum" id="Page_264">[264]</span> Burke and M‘Dougal -lodged for a few nights in Hare’s house, and during his stay, a -fellow-lodger died, whose body was sold by Hare and Burke for -dissection. At this point, his career of villany commenced. The price -of the body being expended, Burke decoyed a woman into Hare’s den and -murdered her, and sold her body. He and Hare repeated similar tragedies -twelve or thirteen times during the course of a year, till at last they -were detected.</p> - -<p>Nothing can exceed the intense selfishness, cold-blooded cruelty, -and calculating villany of these transactions; and if the organs of -Selfishness and Destructiveness be not found in Burke, it would be as -anomalous as if no organs were found for the better qualities which he -had previously displayed.</p> - -<p>Phrenology is the only science of mind which contains elements and -principles capable of accounting for such a character as that before -us; and it does so in a striking manner. We have seen a measurement and -development of the head of Burke, taken by an experienced Phrenologist -from the living head; also a very accurate cast of the head with the -hair shaven, taken by Mr. Joseph after the execution; and we have -conversed with a medical gentleman who saw the brain dissected. The -head was rather above than below the middle size. The middle lobe -of the brain, in which are situated the organs of Destructiveness, -Secretiveness and Acqusitiveness, was very large; at Destructiveness, -in particular, the skull presented a distinct swell, and the bone was -remarkably thin. The cerebellum, or organ of Amativeness, was large, -and Burke stated that, in some respects, his ruin was to be attributed -to the abuses of this propensity, because it had led him into habits -which terminated in his greatest crimes. The organs<span class="pagenum" id="Page_265">[265]</span> of Self-esteem -and Firmness were also largely developed. It is mentioned in all the -Phrenological works, that Self-Esteem and Acqusitiveness are the grand -elements of Selfishness. The anterior lobe, or that in which the -intellect is placed, although small in proportion to the middle lobe, -was still fairly developed, especially in the lower region, which is -connected with the perceptive faculties. In accordance with this fact, -Burke displayed acuteness and readiness of understanding. He could -read and write with facility, and his conversation was pertinent and -ready. The upper part of the forehead, connected with the reflecting -organs, was deficient. The organ of Ideality, which gives refinement -and elevation, was exceedingly small; that of Wonder, which prompts to -admiration, is also deficient; and the organ of Wit is small.</p> - -<p>Here we find the organs, which, when abused, lead to selfishness, -cruelty, cunning, and determination, all large; but we have still -to account for the faculties which enabled him to act a better part -in life. Accordingly, Combativeness is considerably inferior to -Destructiveness in size, and Cautiousness is large. These, acting in -combination with great Firmness and Secretiveness, would give him -command of temper; and, accordingly, it is mentioned that he was by -no means of a quarrelsome disposition, but when once roused into a -passion, he became altogether ungovernable; deaf to reason and utterly -reckless, he raged like a fury, and to tame him was no easy task; -that is to say, when his large Destructiveness was excited to such an -extent that it broke through the restraints of his other faculties, -his passion was elevated into perfect madness. Farther, looking at the -coronal surface of the brain—the seat of the moral sentiments—we find -it narrow in the anterior portion, but tolerably well elevated; that is -to<span class="pagenum" id="Page_266">[266]</span> say, the organ of Benevolence, although not at all equal in size -to the organs of the animal propensities before mentioned, is fairly -developed. Veneration and Hope are also full; while Conscientiousness -is, in Phrenological language, “rather full,” or, in common speech, -not remarkably deficient. Love of Approbation also is full. In these -faculties, we find the elements of the morality which he manifested -in the early part of his life; and also an explanation of the fact, -remarked by all who saw him, that he possessed a mildness of aspect and -suavity of manner, which seemed in inexplicable contradiction with his -cold-blooded ferocity. If there had been no kindness at all in Burke’s -nature, this expression would have been an effect without a cause.</p> - -<p>The organ of Imitation is well developed; and it is mentioned in the -Phrenological works that Secretiveness (which in him is likewise -large,) in combination with Imitation, produces the power of -<i>acting</i>, or simulation. It is curious to observe that Burke -possessed this talent to a considerable extent. He stated that he -was fond of the theatre, and occasionally represented again the -acting which he had seen. <i>He</i> also, and not Hare, was the -<i>decoyer</i>, who, by pretended kindness, fawning, and flattery, -or by <i>acting</i> the <i>semblance</i> of a friend, inveigled the -victims into the den. This quality enabled him also to <i>act a -part</i> in his interviews with the various individuals who visited him -in jail. He showed considerable tact in adapting himself to the person -who addressed him; and from the same cause it was sometimes difficult -to discover when he was serious and when only feigning. His great -Self-Esteem, Firmness, Cautiousness, and Secretiveness, produced that -self-command and unshaken composure which never forsook him during his -trial and execution.</p> - -<p><span class="pagenum" id="Page_267">[267]</span></p> - -<p>One of the most striking tests of the degree in which the moral -sentiments are possessed by a criminal, is the impression which -his crimes make upon his own conscience when the deeds have been -committed. In John Bellingham, who murdered Mr. Percival, the organ of -Destructiveness is very large, while that of Benevolence is exceedingly -deficient; and Bellingham could never be brought to perceive the -cruelty and atrocity of the murder. Burke, in whom Benevolence is -better developed, stated, that “for a long time after he had murdered -his first victim, he found it utterly impossible to banish for a single -hour the recollection of the fatal struggle—the screams of distress -and despair—the agonizing groans—and all the realities of the -dreadful deed. At night, the bloody tragedy, accompanied by frightful -visions of supernatural beings, tormented him in his dreams. For a long -time he shuddered at the thought of being alone in the dark, and during -the night he kept a light constantly burning by his bed-side.” Even to -the last, he could not entirely overcome the repugnance of his moral -nature to murder, but mentioned that he found it necessary to deaden -his sensibilities with whisky, leaving only so great a glimmering of -sense as to be conscious of what he was doing. He positively asserted -that he could not have committed murder when perfectly sober.</p> - -<p>Burke was considerably muscular, and in the cast with the hair shaven, -taken after death, the measurement of destructiveness is two-eighths of -an inch larger than the measurement taken during life, which must be -abated in the estimate of the organ.</p> - -<hr class="tb" /> - -<p>We confess that we do not possess enough of science to<span class="pagenum" id="Page_268">[268]</span> enable us -either to vindicate or refute the reasoning contained in the above -developments. It is understood that a gentleman who has already -distinguished himself as an opponent of Phrenology, is to appear -again as an impugner of the doctrine given forth in the above -description, and questionless he will be replied to by the amateurs -of the science. One thing must be apparent in the above account, that -while Phrenology is pompously announced as “the only science of mind -which contains elements and principles capable of accounting for such -a character as that before us,” the utmost that is attempted is to -give a Phrenological description of the head, and to explain some -traits of the character of Burke, and to endeavour to reconcile some -discrepancies in the development, which seem not only inconsistent -with each other, but which, taken in connection with his character and -actions, would appear to any one but a Phrenologist to be positive -contradictions.</p> - -<p>It does not appear in this instance at least, that Phrenology possesses -any peculiar aptitude in accounting for such a character; as the -knowledge that a man may commit atrocious crimes and bear a different -semblance to the world; that he may be actuated by a powerful motive -at one time which gives place to another at a different season, and -that again yielding to a third, is a fact that was sufficiently known -before the science was promulgated, and would have been as intelligible -as Phrenology has made it though we had never heard of the science, -and merely telling us that such and such protuberances on the skull -denote such and such faculties, does not at all account for the -character. Many ignorant people also who cannot “view his character -with a philosophic eye,” might inform us, that frequently a man does -not get desperately wicked all at once, and that there is nothing very -uncommon in a person behaving<span class="pagenum" id="Page_269">[269]</span> tolerably well for a length of time, and -afterwards abandoning himself to the most profligate courses, neither -is it unusual with an ignorant man, when once roused into a passion, to -become “altogether ungovernable.” We have seen such a thing occur where -“large destructiveness” was never exhibited nor suspected.</p> - -<p>The learned Phrenologist then goes on to reconcile what has usually -been accounted incompatible qualities, his “full Benevolence and -large Destructiveness.” It is rather too much to assume that the -existence of the affection benevolence is sufficiently proved, even for -phrenological purposes, by quoting the story that Burke himself told -of his horror after committing the first murder. Surely, though this -tale was implicitly credited, the mere fact of a murderer’s slumbers -being haunted with the image of his victim for a brief space, cannot -prove the existence of benevolence; but we shrewdly surmise that the -whole is a fiction of Burke’s, and that he narrated it at a time -when the well developed organ of Imitation, combined with his large -Secretiveness, was excited to such a degree as to produce <i>acting</i> -or simulation, and that it furnishes an illustration of “the tact he -showed in adapting himself to the person who addressed him.” We happen -to know that he spoke quite freely about this as well as his other -murders; that he went about it in the most cool and heartless manner; -that the two monsters not only enticed the poor old woman into the -house, and allured her with a show of kindness, but that they actually, -in this their first essay, when they were just about to perpetrate -it, jested upon the subject. Hare asking Burke “to go <i>ben</i> and -see how his mother-in-law was this morning,” surely then was the time -for benevolence to exhibit itself, but we presume that his “large -Destructiveness was excited to such an extent, that it broke through -the restraints of his other faculties,”<span class="pagenum" id="Page_270">[270]</span> and forced him to suffocate a -helpless and infirm female, without even the miserable palliation of -having previously intoxicated himself for the purpose, and on the next -opportunity they could discover to perform the same bloody tragedy, -without being ever troubled with compunction or remorse, until his -organ of Imitation, in combination with Secretiveness, produced the -power of <i>acting, or simulation</i>, in the condemned cell in the -Calton-hill Jail.</p> - -<p>We suppose that this <i>acting or simulation</i>, of which so much is -made by the eminent Phrenologist, means neither more nor less than -that he was an accomplished liar, and that faculty seems to have been -in full operation when he averred, “that he could never entirely -overcome the repugnance of his moral nature to murder, but that he -found it necessary to deaden his sensibilities with whisky, leaving -only so great a glimmering of sense as to be conscious of what he was -doing.” “His moral nature” must have been of a very accommodating -description, if it could without repugnance allow him to prowl about -continually literally seeking whom he might devour, and “by pretended -kindness, fawning and flattery, or by acting the semblance of a friend, -to inveigle the victims into the den,” and when there, to entertain -them with a show of kindness and hospitality, and then prompt him “to -deaden his sensibilities with whisky” before it could permit him to -complete the scene. But perhaps it was his benevolence that induced -him to behave in this kind manner until the whisky should excite his -destructiveness at the moment that the sacrifice was prepared.</p> - -<p>But the truth is that there was neither “ungovernable fury” nor -intoxication to excuse or account for his murders;<span class="pagenum" id="Page_271">[271]</span> they were all -committed in cold blood, and without one palliating circumstance; and -although he might have been drunk when some of them were concluded, he -was generally sober during the preparatory process of kidnapping, and -instigating them to drink.</p> - -<p>He was continually drunk, because from his seldom working he had -leisure for drinking, and an abundant supply of money, and with these -he would have indulged in the same vice although there had been no -reason for “deadening his sensibilities.”</p> - -<p>The smallness of the organ of Wit is in direct opposition to -the notoriety for humour and drollery he had acquired among his -acquaintance.</p> - -<p>While we allow that Burke was not such a reprobate all his life, as -he was towards the close of it, we question whether he ever possessed -much of “the elements of morality,” even in his youth. An account has -been adopted which gives some colour to the opinion that his morality -was purer than the actual fact would warrant us to allow. We have -already stated in a former number, that he served only one gentleman -before entering the militia. This is on his own authority, and we -believe also, from the same source, he was never either a baker or a -weaver, so far from being three years a groom after his discharge from -the Donegal militia, he did not remain one year in Ireland, which the -dates will abundantly testify. He first proved unfaithful to his wife, -and as we have seen, afterwards deserted her and his children, on -discovering that his father-in-law properly appreciated the selfishness -and worthlessness of his character, and refused to trust him too far. -His living in adultery with the woman<span class="pagenum" id="Page_272">[272]</span> M‘Dougal, does not display great -attainments in morality, as in like manner, his unfaithfulness even to -her, and frequent brutal usage of her, cannot exhibit his benevolence -in a very favourable light. It is altogether too much to elevate this -unnatural and anomalous monster into a being possessing some of the -best and noblest attributes of humanity, merely that the dogmas of a -favourite pursuit should be supported. We opine, that the lauders of -the immaculate science must content themselves with the fame it has -acquired from the developments of former murderers, or alter the whole -systems of metaphysics heretofore received, should they not be able to -discover a new designation for the bumps they may find on a murderer’s -cranium.</p> - - -<h2 class="nobreak normal">PROCEEDINGS AGAINST HARE.</h2> - - -<p>After the trial and conviction of Burke, some very interesting -proceedings were instituted by the mother and sister of James Wilson -or Daft Jamie, the object of which was to bring him to trial for his -participation in the murder of their relative. These proceedings have -issued in the liberation of Hare after an argument and determination in -the High Court of Justiciary. This question has been regarded by some -persons as really of no material importance, because whatever might -have been the issue of it, means would have been adopted by the public -authorities for obtaining a pardon for Hare if he had been found guilty -under the contemplated prosecution. This circumstance does not, in our -apprehension, lessen the importance of the question, inasmuch as the -conviction and punishment of any single criminal, however atrocious, -is a matter of trivial moment when compared with the great <span class="pagenum" id="Page_273">[273]</span>and -constitutional principles of law which constitute the code of our -criminal jurisprudence. Viewing these proceedings therefore in this -light, there has rarely, if ever, been a question raised in our Courts -of Law, involving principles of more paramount interest, as it relates, -on the one hand, to the rights and powers of the Public Prosecutor, -which are, in other words, the rights and powers of the public; and -on the other hand, the rights and privileges of individuals aggrieved -by the perpetration of crimes, which affect their property and their -feelings. It became a matter of serious concernment to have it clearly -and well decided by the highest legal authorities, what are the extent -and limits of the Lord Advocate’s powers as Public Prosecutor, to enter -into compacts with associates in crime, whereby he may afford them an -immunity from punishment for participation in crimes, on condition of -their affording such evidence as may be requisite for the discovery and -punishment of offences, in cases, which from their very nature, can -neither be traced out nor established to conviction of the delinquents, -without such information and evidence; and how far such compacts may be -carried, without infringing the privileges of private parties, who are -by law entitled to sue in their own name, and for their own interests, -for redress of their individual wrongs? This is the question which has -been raised in the present instance, and which has now been solemnly -decided by the Supreme Criminal Court of this country.</p> - - <div class="figcenter" id="i_b_272fp"> - <img - class="p2" - src="images/i_b_272fp.jpg" - alt="" /> - <p class="center">WILLIAM HARE,</p> - <p class="center">as he appeared in the witness-box,<br /> - taken in Court.</p> - <p class="center sm"><i>Published by Thomas Ireland Jun<sup>r</sup>. Edinburgh.</i></p> - </div> - -<p>The proceedings referred to originated in an application for Hare, to -the Sheriff of Edinburgh, on the 20th of Jan. 1829. His petition was to -the following effect:—</p> - -<p>That of this date (November 10, 1828) he was apprehended on a warrant -of the Sheriff-Substitute, granted on the application of the Procurator -Fiscal of the county, and was committed to the jail of Edinburgh a -prisoner, on a<span class="pagenum" id="Page_274">[274]</span> charge of murder: That the petitioner was examined -before the Sheriff-Substitute of the county in relation to various -acts of murder alleged, or suspected to have been committed by William -Burke, then in custody, and other persons: That in the course of these -examinations, the petitioner was assured by the Public Prosecutor, that -if he made a full disclosure of all he knew relative to the several -alleged murders which formed the subject of inquiry, no criminal -proceedings would be instituted against the petitioner himself in -relation thereto, whatever might be the circumstances of suspicion -or apparent participation or guiltiness appearing against him: That -the petitioner was examined as a witness, and without the caution and -warning which it is the duty of the Judge-examinator to give to a -party accused, every time he is brought up for examination; and the -petitioner made a full and true disclosure of all he knew, and gave -every information he possessed, in relation to all the alleged murders -as to which he was examined; and this he did under the assurance of -personal and individual safety: That one of the alleged murders, as to -which the petitioner was so examined, was that of a person described -as James Wilson, commonly known by the name of Daft Jamie; and in -relation to that matter, as well as in relation to all the others, the -petitioner made a full and true statement, and gave every information -he possessed, whether relative to the alleged act of murder itself, -or the means of obtaining or tracing any circumstances of evidence in -relation thereto; and all this he did, relying on the assurance of -personal and individual safety above mentioned, and the compact and -transaction thence arising: That, in consequence of the statement and -information thus elicited from, and procured through the petitioner, -the said William Burke was indicted to stand trial before the High -Court of Justiciary in the month of December<span class="pagenum" id="Page_275">[275]</span> last, on a libel setting -forth three charges of murder, as to all of which the petitioner had -been precognosced as aforesaid: That one of these three charges was the -foresaid alleged murder of James Wilson, alias Daft Jamie: That the -petitioner was included in the list of witnesses for the prosecution, -annexed to the said libel; and he was cited to attend as a witness for -the prosecution, in relation to all the charges therein contained. The -libel was found relevant to infer the pains of law; and the Public -Prosecutor having proceeded to lead evidence against William Burke, -and another prisoner, as to one of the charges, (being the murder of -Mary Docherty), the petitioner was called in, sworn, and examined as -a witness for the prosecution. On that occasion the petitioner stated -many things in evidence which he would not have stated, and could not -have been required to state, but for the perfect assurance of personal -security given him by the Public Prosecutor, not only as to the murder -of Mary Docherty, but likewise from any prosecution as to the murders -charged in that indictment, and which was laid down and confirmed -from the Bench on the said trial. It was then stated from the chair -of the Court, as the decided opinion of the whole Bench present, that -the petitioner was fully protected by law against either trial or -punishment for any of the charges contained in that indictment: That -notwithstanding the compact with the Public Prosecutor, under which the -petitioner was induced to make disclosures of great importance to the -public interest, and to the administration of justice, but which were -calculated to involve himself in circumstances of suspicion and hazard, -in which he could not otherwise have been involved; and notwithstanding -the assurance of personal safety held out to the petitioner from -the bench, criminal proceedings have, within these few days, been -instituted against the petitioner, at the instance of Janet<span class="pagenum" id="Page_276">[276]</span> Wilson -alleged sister, and Janet Wilson alleged mother, of the said James -Wilson, <i>alias</i> Daft Jamie, but who, the petitioner is informed, -and has reason to believe, do not truly possess these characters, and -have produced no evidence thereof; and he has been examined before the -Sheriff-Substitute as a party accused of that offence, and is now a -<i>close prisoner</i> in the jail of Edinburgh, committed for further -examination as to that charge of murder: That, under the circumstances -above detailed, the petitioner is advised that the proceedings thus -instituted against him are incompetent, irregular, oppressive, and -illegal; and that the warrant on which he is committed at the instance -of the said Janet Wilson is illegal, and that he is entitled to -immediate liberation: That the petitioner has been informed, that the -said Janet Wilson, alleged mother, and Janet Wilson, alleged sister, -have applied for and obtained the authority of your Lordship to lead -a precognition and examine witnesses as to the petitioner’s alleged -guiltiness of the said charge. And that an <i>ex parte</i> examination -of witnesses is actually going on under the authority and force of your -Lordship’s power and compulsitor, in absence of the petitioner, who -is shut up a <i>close prisoner</i> as aforesaid. The petitioner has -been advised that this proceeding also is incompetent, irregular, and -illegal, and highly oppressive and injurious.</p> - -<p>The petitioner prayed the Sheriff, <i>inter alia</i>, to recall the -warrant on which the petitioner is committed, and to ordain him to be -set at liberty; also to put a stop to the foresaid precognition or -examination of witnesses, and to ordain the same, in so far as it has -already proceeded, to be delivered to the clerk of Court.</p> - -<p>Upon which the Sheriff pronounced an order for service immediately on -Mr. George Monro, solicitor, Supreme Courts, agent for Janet Wilson; -and appoints to-morrow,<span class="pagenum" id="Page_277">[277]</span> at two o’clock afternoon, for hearing counsel -or agents for the petitioner, and for Janet Wilson in the Sheriff’s -Office; and, in the mean time, sists farther proceedings in the -precognition at the instance of the said Janet Wilson.</p> - -<p>The case was accordingly heard by the Sheriff, when Mr. Jeffrey opposed -the liberation, and Mr. M‘Neill supported the petition. After hearing -counsel,</p> - -<p>The <span class="smcap">Sheriff</span> said, this is a new point. I have always -understood the right of the private party to be as great as that of -the Public Prosecutor. I do not think the private party is prevented -from investigating by any guarantee given by the Public Prosecutor; and -therefore refuse the petition for Hare, reserving his right to apply -to the Court of Justiciary, for which purpose I shall sist proceedings -for two days. The question is new and delicate, but I see no reason for -stopping proceedings.</p> - -<p>Mr. <span class="smcap">Miller</span> then stated that the respondent’s agent had got -authority from the Lord Provost to examine Burke, but just as he was -about to enter the prison, a note was put into his hand by the Governor -from the Magistrates, stating that until the judgment of the Sheriff -was known, access could not be given. The urgency of the case, and the -inapplicability of the objections to his examination were represented, -and the Sheriff thought proper to provide for Burke’s examination by a -note to his interlocutor, which was as follows:</p> - -<p>“<i>Edinburgh, 21st January 1829.</i>—The Sheriff having resumed -the consideration of the petition for William Hare, and having heard -counsel for William Hare and the respondents, Janet Wilson, senior and -junior: In respect that there is no decision finding that the right of -the private party to prosecute, is barred by any guarantee or promise -of indemnity given by the Public Prosecutor, Refuses the desire of -the petition, but in respect of the novelty<span class="pagenum" id="Page_278">[278]</span> of the case supersedes -further proceedings <i>in the precognition before the Sheriff</i>, at -the instance of the respondents, till Friday night at seven o’clock, -in order that William Hare may have an opportunity of applying to the -Court of Justiciary.”</p> - -<p>“<i>Note.</i>—The application which has been made to the Lord Provost -for liberty to see Burke, by the private prosecutors, is not before us, -but remains to be disposed of by the Lord Provost.”</p> - -<p>This judgment of the Sheriff was brought under review of the Court of -Justiciary by a bill of advocation, and of suspension and liberation -for Hare, which came on for discussion before the Court on the 26th of -the same month, when</p> - -<p>The <span class="smcap">Lord Justice Clerk</span> said,—After having heard the counsel, -I have now to state, that the Court have resolved, before giving their -opinions, in the first place to make an order on the Lord Advocate -to make any answer to this bill that he may see necessary. The Court -desire to decide this question in the gravest manner, after seeing -informations; and the counsel will make arrangements for giving them in -as speedily as possible.</p> - -<p>Informations were then ordered to be lodged on Saturday following.</p> - -<p>In obedience to this order of Court, answers for the Lord Advocate, -and Informations for Hare and the relatives of Wilson were accordingly -lodged; and their Lordships, on the 2d February, proceeded to pronounce -judgment on the very nice and important points of law embraced in the -discussion.</p> - -<p>The Lord Advocate’s Answer is as follows:</p> - -<p>The Respondent has not failed to observe the guarded terms in which -this order is conceived, calling upon him only to give such information -as he shall deem proper,<span class="pagenum" id="Page_279">[279]</span> and thus relieving him from the necessity of -questioning the power, even of this Court, to require, in this shape, -a disclosure of the grounds on which the Public Prosecutor has been -guided in the exercise of his official discretion. Influenced, however, -by those feelings of respect which the respondent has ever endeavoured -to evince towards this High Court, he readily submits the following -statement, in deference to their wishes, on so extraordinary a case.</p> - -<p>The murder of Mary Docherty took place on the night of Friday the 31st -October last; and on the evening of the following day, William Burke, -Helen M‘Dougal, William Hare, and Margaret Laird, his wife, were taken -into custody. On Monday the 3d of November, Burke and M‘Dougal were -examined before the Sheriff. These persons, as your Lordships have had -occasion to know, denied all accession to the crime.</p> - -<p>On the 4th of November, William Hare and Margaret Laird were examined -by the Sheriff. In the declarations then emitted by them, they both -positively denied all accession to the murder, and stated that Docherty -had not received any violence from any person in their presence.</p> - -<p>Hare and his wife were again examined by the Sheriff on the 10th of -November.</p> - -<p>They were a <i>third</i> time examined on the 19th of November.</p> - -<p>At these examinations they firmly persevered in their former denial.</p> - -<p>The precognition having been completed, was laid before the respondent, -in order to be finally disposed of. A month had now elapsed since the -date of the murder; during which period the four prisoners had been -kept separately from each other, but no disclosure had been made by any -of them, either as to the alleged murder, or as to the participation -of any of the persons accused, in offering violence<span class="pagenum" id="Page_280">[280]</span> to the deceased. -After repeated and most anxious consideration of this extraordinary -case, it appeared to the respondent that the evidence, including the -examination of medical gentlemen, was defective, both as to the fact of -Docherty having been murdered, and as to who was the perpetrator of the -deed. Conceiving it of the greatest importance, for the satisfaction -and security of the public, that a conviction should be <i>ensured</i>, -the respondent did not feel justified in hazarding a trial, on evidence -which appeared to him to be thus defective. He well knew, from long -experience, how scrupulous a Scottish Jury uniformly is, in finding -a verdict of guilty where a capital punishment is to follow; and he -deemed it hopeless to look for a conviction, where the fact of a murder -having been committed was not put beyond the possibility of question.</p> - -<p>The only mode by which the information essentially awanting could be -procured, was by admitting some of the accused persons as witnesses -against the others. Another consideration of still greater importance -rendered this course indispensable.</p> - -<p>Some circumstances about this time transpired, which led the respondent -to dread, that at least one other case of a similar description had -occurred. In such circumstances he felt it to be his imperative -duty, not to rest satisfied without having the matter probed to the -bottom; and that he should, for the sake of the public interest, -have it ascertained what crimes of this revolting description had -really been committed—who were concerned in them—whether the whole -persons engaged in such transactions had been taken into custody, or -if other gangs remained, whose practices might continue to endanger -human life. Compared with such knowledge, even a conviction for the -murder of Docherty appeared immaterial. But such information could -not be obtained by bringing to trial all<span class="pagenum" id="Page_281">[281]</span> the four persons accused. A -conviction might lead to their punishment, but it could not secure such -a disclosure.</p> - -<p>After deliberately weighing all these matters it appeared to the -respondent then, as it does to him now, that in the exercise of a -sound discretion, and in the performance of his public duty, embracing -equally the interest of the community at large, and of the relatives of -injured parties, he had no choice left but to follow that course he had -adopted.</p> - -<p>The only matter for deliberation regarded which of the four should be -selected as witnesses.</p> - -<p>M‘Dougal positively refused to give any information.</p> - -<p>The choice, therefore, rested between Hare and Burke; and from the -information which the respondent possessed, it appeared to him then, as -it does now, that Burke was the principal party, against whom it was -the respondent’s duty to proceed. Hare was therefore chosen, and his -wife was taken because he could not bear evidence against her.</p> - -<p>This course having been resolved upon, an overture was made to Hare -by the authority of the respondent, with the view to his becoming a -witness, and the proposal which was so made to him—(and which did -not proceed from him)—was accepted. He was in consequence brought to -the Sheriff’s office on the 1st of December for examination, when, by -the authority of the respondent, he received an assurance from the -Procurator Fiscal, that if he would disclose the facts relative to -the case of Docherty, and to such other crimes of a similar nature -committed by Burke, of which he was cognisant, he should not be brought -to trial on account of his accession to any of these crimes.</p> - -<p>This assurance had no reference to one case more than<span class="pagenum" id="Page_282">[282]</span> another. It -was intended for the purpose of receiving the whole information which -Hare could give, in order that the respondent might put Burke, and -all others concerned, on trial for all the charges which might be -substantiated. In giving it, the respondent acted under the impression, -and on the understanding, that when offences are to be brought to -light in the course of a criminal investigation carried on at the -public instance, such assurance altogether excluded trial at the -instance of any private party. In its nature this assurance was thus -of an unqualified description, and was calculated to lead the party to -believe that the possibility of future trial or punishment was thereby -entirely excluded. The assurance was so meant to be understood.</p> - -<p>In consequence of this assurance, Hare emitted a declaration, detailing -the circumstances connected with the murder of Mary Docherty, and with -similar crimes, in which Burke had been engaged. Of these, the murder -of James Wilson, and of Mary Paterson or Mitchell, were two; and it was -from the facts which Hare so detailed, that evidence was obtained from -unexceptionable witnesses, of such a nature as enabled the respondent -to bring forward those two murders as substantive acts in the same -indictment which charged Burke with the murder of Mary Docherty. By -this proceeding, the respondent conceived that he had fully satisfied -not only the ends of public justice, but the rights and feelings of all -those who were connected with the unfortunate individuals thus referred -to.</p> - -<p>In the indictment, William Hare and his wife were inserted in the -list of witnesses, along with all those persons whose evidence the -respondent had been able to obtain in consequence of the disclosures -which Hare had made. When the respondent entered the Court on the day -of<span class="pagenum" id="Page_283">[283]</span> trial, it was his full intention to examine Hare and his wife as -to each of the three murders set forth in the indictment. How he was -prevented from so doing the Court is already aware. Had Burke been -acquitted of Docherty’s murder, the respondent must, in the discharge -of his duty, have proceeded to try him on the other two charges; and in -proof of both, Hare and his wife must have been examined as witnesses. -As it was, they were both adduced on the trial, and it was from the -information obtained from Hare, on the assurance of immunity, that the -respondent conceives he was enabled to secure a conviction.</p> - -<p>The warrant of imprisonment against Hare and his wife, at the public -instance, has since been withdrawn, in consequence of its having turned -out, after the most anxious inquiry, that no crime could be brought to -light in which Hare had been concerned, excepting those to which the -disclosures made by him under the above assurance related.</p> - -<p>In regard to the crimes so disclosed, whether they were included in -the indictment against Burke or not, the respondent having, in the -conscientious discharge of his duty, authorised the assurance to be -given which has now been stated, apprehends that he is legally barred -from prosecuting either of those persons at his instance, and he will -not make any such attempt. He need not add that he should strongly feel -such a proceeding, upon his part, as dishonourable in itself, unworthy -of his office, and highly injurious to the administration of justice.</p> - -<p>Having thus, in compliance with the order of your Lordships, given such -information to the Court as he has deemed proper, in regard to the -situation in which the Public Prosecutor stands, in reference to the -murders set forth in the bill of advocation, the respondent has only -to<span class="pagenum" id="Page_284">[284]</span> add, that, upon perusing the said bill, he finds no statement in it -which requires any answer on his part.</p> - -<p>The information put in for Hare states that the question now to be -resolved is, Whether the informant (Hare) is protected from farther -criminal process in order to punishment, for the murder of James Wilson -<i>alias</i> Daft Jamie? It then narrates the facts and circumstances -which have given rise to the question, and states the legal grounds -on which Hare rests his application to the Court for liberation from -prison, and at great length proceeds to submit the grounds of his plea, -and concludes thus:—</p> - -<p>The principles of law, and the direct and recent authority now stated -are sufficient, it is submitted, to govern this case.</p> - -<p>Even if the principle of law and the authority referred to had been -less plain and satisfactory than they are, the informant might, with -great confidence, have rested his case on the principles of “humanity, -justice, and policy,” which are said, on the other side, to be at the -foundation of the rule of law which secures protection to a witness -<i>socius criminis</i>, and which, indeed, pervade, and are interwoven -with, every part of the criminal law of Scotland, and may legally be -appealed to in the absence of any other guide. Every thing adverse to -these principles, and certainly every <i>novelty</i> adverse to them, -must be repugnant to the spirit of the law. The proceedings which the -informant now resists are of this character; while the prayer he has -preferred to your Lordships is plainly in unison with those great -principles which are at the foundation of our criminal code, and are -intermingled with the administration of it. Your Lordships have before -you the case of a prisoner who has had the misfortune to be accused -by the Public Prosecutor of acts of murder, of which he may have been -innocent or guilty. Let it be taken either way. Suppose<span class="pagenum" id="Page_285">[285]</span> him to be, -as his adversaries describe him, a delinquent polluted by crimes of -the blackest die—one of a fraternity who conspired against the lives -of the lieges, and who carried on the work of blood with a secrecy -and a success which the firmest cannot hear without trembling, or the -hardiest without horror—let the prosecutors describe his character -and his crimes in any language they please—still, in his case, as in -every other, justice must be observed, and the law must be administered -in the spirit of humanity, and with a view to future consequences. -If he has really been a member of such a conspiracy as is alleged, -the greater is the benefit which he has conferred upon the public, -by laying open all the hidden acts and secret ramifications of that -confederacy, and the greater the danger to which, in the event of -trial, he has exposed himself by giving any information or any evidence -whatever in regard to any of its transactions and deeds. But he made a -compact with the representative of the interests of the public; and he -has given to the public, by their representative, the benefit of all -his knowledge of these transactions, in consideration of the community -having released him from all claim for punishment. This compact having -been acted upon—every information which the informant possessed having -been drawn from him—he having been publicly called upon to appear as a -witness in regard to the very murder now under consideration—he having -been placed in the witness-box, and having publicly given evidence in -relation to a part of those proceedings to which he is said to have -been accessary, and having thereby publicly connected himself with -the chief actor, whose conviction he ensured; and having exposed the -system, and laid open the sources of evidence, and thus furnished the -means of bringing himself to trial, if that were competent—borne down -with difficulties and surrounded by perils, by which<span class="pagenum" id="Page_286">[286]</span> he would not -otherwise have been environed—the strength of his defence impaired -or taken away—is it consistent with humanity, or justice, or policy, -that two individual members of the community, who all the while lay -by without giving notice of such intention, should now come forward, -to violate public faith, and to turn the information given for the -benefit of the public against the life of him who gave it, in reliance -on the compact he had entered into with the Public Prosecutor? Every -principle of humanity, of justice, and of policy, is opposed to such -a proceeding. There is no precedent—there is no authority for such -a proceeding. The informant acted in the belief that he had secured -his protection. The Public Prosecutor acted in the belief that he -was entitled to secure, and had secured to him, that protection, and -had done so for the ultimate benefit of the public, in securing the -conviction and punishment of an offender. If both parties erred in -their notions of the law, they erred in common with a quorum of your -Lordships’ number, discharging the most important duty of the Supreme -Criminal Court. If the law is now, for the first time, to be declared -against that understanding and opinion, let the operation of this -new declaration be confined to <i>future</i> cases—but let not this -new state of things—this alteration of a deliberate judgment of the -Supreme Court, operate to the prejudice and injury of the informant, -when matters are, in respect to him, no longer entire. To do otherwise -would be productive of no good object. The ends of justice would not -be thereby promoted. The <i>public faith would be broken</i>, and, -above all, the informant <i>could not now have a fair trial</i>. These -considerations give him a sufficient claim to the interposition of your -Lordships to prevent further proceedings against him.</p> - -<p>The Information given in for the relatives of James Wilson is also of -great length. It is there stated—</p> - -<p><span class="pagenum" id="Page_287">[287]</span></p> - -<p>1. That the right of the private party to prosecute is not controllable -by the Public Prosecutor, and is independent of him.</p> - -<p>The prosecutors state this as a fundamental and constitutional -principle in the criminal jurisprudence of Scotland. It is not an -antiquated right, as stated by the counsel for the prisoner, but is -recognised by the latest authorities, and is consistent with the most -fundamental principles of our practice. There can therefore be no -question as to the title of the prosecutors. They state themselves to -be “the nearest kinsmen of the deceased, demanding the vengeance of the -law on the body of the culprit if he is found to be a murderer.”</p> - -<p>Legally speaking, there are only two situations in which a prisoner can -actually plead indemnity in bar of trial, viz. Previous acquittal by a -Jury, or remission by the Crown. These are the two constitutional modes -of freeing an accused party from the consequences of alleged crime, and -either of them is an effectual bar to trial, whether at the instance -of the Public Prosecutor or of the private party. But the point which -the prosecutors are anxious to establish is this, that whatever may be -the nature of the private arrangement between the Public Prosecutor and -the criminal, and whatever may have been his inducement to give up his -right of calling upon him to answer at the bar of justice for the crime -of which he is guilty, that arrangement cannot deprive the private -party of his right to insist for the full pains of law. If the law -contemplated the power of the Public Prosecutor to deprive the private -party of his right to prosecute, by arrangements to which the latter -is no party, it had better declare at once, that the private instance -shall be at an end, because it virtually would be so. The assertion -of the prosecutors, however is, that their legal right to investigate -the circumstances attending the<span class="pagenum" id="Page_288">[288]</span> death of their near relation, and -to indict the accused party, if they shall find sufficient ground to -do so, cannot be interfered with by the proceedings of the Public -Prosecutor, in circumstances over which they have no control. They say, -that this doctrine must be held, because it flows as a necessary and -irrefragable consequence from the constitutional right of prosecution, -which has been proved to exist. If the right be in the private party, -how can it be wrested from them, by the communications which pass -between the criminal and a third party over whom they have no control, -but to whom, on the other hand, the law gives no power of depriving -them of that right of demanding justice and vengeance which it has -vested in them?</p> - -<p>In point of form, indeed, it is required that the Lord Advocate -should grant his concourse to a prosecution before the High Court -of Justiciary. But this form is established, not for the purpose of -showing that his permission to prosecute is necessary, but for the -purpose of showing that there is a public injury to be vindicated as -well as a private party to be satisfied. Accordingly, the Lord Advocate -has no right to refuse his concourse. If he should refuse, he can be -compelled to grant it, for this very reason, that it is not <i>in -arbitrio</i> of him to deprive the private party of his legal right. -The law was so stated by Lord Alemore, on the complaint of Sir John -Gordon against his Majesty’s Advocate, June the 21st 1766, and the same -doctrine is laid down by our authorities.—[Here quotations in support -of the above doctrine are introduced from Burnet, p. 300; and from -Hume, vol. ii. p. 123.]</p> - -<p>The Prosecutors pleaded, II. That the <i>socius criminis</i> is only -protected by the indulgence of the Court with regard to the particular -crime as to which he gives evidence.</p> - -<p><span class="pagenum" id="Page_289">[289]</span></p> - -<p>Formerly a <i>socius criminis</i> was not received as an evidence in -the criminal Courts of this country, because of the interest which -he was supposed to have in establishing the guilt of the individual -accused, and thus freeing himself from the imputation of the crime; -and the practice which has lately crept in of affording an indemnity -to the witness, for the crime as to which he has given evidence, does -not appear to have been recognised until subsequent to the case of -Jameson in 1770. In the case, accordingly, of Macdonald and Jameson -in August 1770, when the objection of a witness having been <i>socius -criminis</i> was fully debated, the Prosecutor in answer did not say -that the witness, by being examined, would thereby be exempted from -prosecution, but only that he might hope for impunity; while the usage, -at that time, of granting special pardon, to accomplices for enabling -them to give evidence, confirms what has been stated. At what period a -different rule came to prevail does not appear. Baron Hume conceives -that the practice may have commenced from the rule introduced by 21st -Geo. II. cap. 25, as to a particular offence.</p> - -<p>The doctrine maintained on the part of the prisoner is, that he is -relieved, not only from the consequences attaching to his participation -in the crime as to which he has been examined, but also as to others, -in regard to which the same parties may have been implicated, but which -have not been the subject of trial. This argument extends the doctrine -of indemnity much farther than it has yet been carried. For the -question underwent grave discussion, and the practice, as then followed -by Public Prosecutors and recognised by the Bench, is distinctly -stated by the Learned Judges in the case of Downie, who was tried -for high treason in the year 1794. The discussion arose upon certain -questions being put to a witness of the<span class="pagenum" id="Page_290">[290]</span> name of Aitcheson, tending -to criminate himself. The danger had been pointed out by the Counsel -for the prisoner, to which the course of the examination might lead, -as the witness might confess that which was sufficient to convict him -of the crime of treason. The doctrine laid down by the whole of these -Learned Judges is this, that for what the individual told the Court as -a witness, he could not afterwards be questioned; but they distinctly -state, that if the witness, after being put into the box, refuses to -answer, he would not have been entitled to any protection.</p> - -<p>[The information then goes on to narrate the trial of Burke, the -circumstances of which are already well known: after which it proceeds -to the examination of the suspender, Hare, as a witness on the trial.] -After administering the oath to the prisoner, who was brought forward -as a witness upon the trial alluded to, Lord Meadowbank stated to him, -“Now we observe that you are at present a prisoner in the Tolbooth -of Edinburgh, and from what we know, the Court understands that you -must have had some concern in the transaction now under investigation. -It is therefore my duty to inform you, that whatever share you might -have had in that transaction, if you speak the truth, you can never -afterwards be questioned in a Court of Law.” Lord Justice Clerk—“You -will understand, that you are called here as a witness regarding the -death of an elderly woman of the name of Campbell or M‘Gonegal.” -“You understand, that it is only with regard to her that you are now -to speak?” To this question, the witness replied by asking, “T’ould -woman, Sir?” Lord Justice Clerk, “Yes.” But what is perhaps of still -greater importance, it will appear that he was not permitted to -answer questions which might otherwise have been of importance to the -individual then upon<span class="pagenum" id="Page_291">[291]</span> trial, upon the ground that he would not be -protected upon so doing.</p> - -<p>From all which these facts are indisputably established, viz. 1st, That -the witness was examined as to no other murder than that of Docherty -or Campbell. And 2dly, That he was distinctly warned that he was not -bound to answer any question with regard to the other murders contained -in the indictment, because as to any other murder except that under -investigation, he was not protected by the Court.</p> - -<p>The present question therefore stands thus: Hitherto a witness has only -been protected from trial for the particular crime as to which he has -given evidence. The prisoner has given none as to the crime of which he -is now accused, and therefore he has not been placed in that situation -which entitles him to the protection of the Court.</p> - -<hr class="tb" /> - -<p>When the Court met on 2d February, the Bill of Advocation for Hare -against the nearest of kin of James Wilson was called.</p> - -<p>Mr. Jeffrey, addressing the Court, said, their Lordships would not -suppose that he had any notion of resuming the argument, but the -case was brought to such a point that he might be indulged in making -one remark. It was maintained on the part of the suspender, that the -Public Prosecutor was entitled to make a compact, to which compact -their Lordships were bound to give effect; that their Lordships had -no discretion, but that it rested entirely with the Lord Advocate to -enter into any compact, and to extend immunity to any number of cases -without the control of the Judge; in short, that the Lord Advocate -possessed the uncontrolled power of exercising the Royal Prerogative;<span class="pagenum" id="Page_292">[292]</span> -and this he might do, not merely with respect to the particular crime -as to which a <i>socius criminis</i> was to be used as a witness, but -might extend it to all other crimes of which he may have been guilty. -Whenever the Lord Advocate stipulated an immunity, it seemed to be -maintained that a sufferer by housebreaking, fire-raising, or other -crimes, was to be deprived of his right as a private party to prosecute -the guilty perpetrator of the wrong, and that the Lord Advocate had -a power to enter into a compact by which he could grant immunity for -offences past and future, known or unknown. Such a prerogative would -be investing the Public Prosecutor with a power of pardon, which only -belonged to the Crown, and this too without a tittle of authority, and -totally different from judicial authority, amounting to an assumption -of the prerogatives of Parliament.</p> - -<p>Mr. M‘Neill stated that he had no observations to make.</p> - -<p>Lord Gillies expressed his thanks to the Learned Gentlemen who had -argued this case. The papers were drawn with much care, and with an -ability and promptness which did them the highest honour. His Lordship -then alluded to the form in which the case came before the Court, and -the prayer of the Bill, and stated the question to be, Whether they -were to affirm the judgment of the Sheriff and refuse the prayer of -the petition to that Judge for liberation, or to grant it and liberate -the prisoner Hare? His Lordship considered the question of law to be -an undecided and open question. The facts which gave rise to it were -but too well known. They were of the most atrocious character—murders -committed, not from the ordinary motive of revenge, or of robbery, -or to escape from the punishment of other offences,—but its object -was indiscriminate murder for dissection, and cold-blooded<span class="pagenum" id="Page_293">[293]</span> traffic, -rendering the crime profitable in proportion to the number of its -victims. These atrocities seem to have attracted the notice of the -Lord Advocate, whose conduct, in all these proceedings, he considered -highly meritorious. We were all much indebted to that high officer -for the wisdom and prudence with which he had conducted the business. -There can be no doubt that the same feelings and wishes existed in -his Lordship’s mind as in that of every other man; and his Lordship -thought that if he could obtain the punishment of two, or even one of -the murderers, a great service would be rendered to the public. The -result too fully justified his Lordship’s measures. It became necessary -to collect evidence of these crimes, and a body of it had been -collected—such as could not, perhaps, be obtained in any other part -of the world; and what would the consequences have been if such crimes -had escaped altogether without punishment? It was for this purpose that -he caused the proposition to be made to Hare, which was stated in his -Lordship’s answer. And Lord Gillies expressed his entire approbation -of his Lordship’s conduct. The Lord Advocate gave his assurance of -pardon. That assurance was properly given. He had a power to promise -remission, and Hare was entitled to ask and bargain for it; and no man -can look into the case without being satisfied that Hare was entitled -to a remission for the important information which he had afforded to -the Public Prosecutor. On this very information the indictment against -Burke was raised, accusing him of three different acts of murder. -Annexed to that indictment Hare’s name was in the list of witnesses, -and he might have been examined on any one or all of the three charges. -The Court pronounced an interlocutor, limiting the trial to one of -these—the murder of Docherty. The only information Lord Gillies had -as to the trial was<span class="pagenum" id="Page_294">[294]</span> derived from the papers, and these referred to -opinions delivered at the trial, on which he could not venture to offer -an opinion, as he was not present. But in the information for Hare, -there was an explanation which was not satisfactory, of the opinions -which were said to be contradictory. Those opinions must have had an -effect upon the witness Hare in giving his evidence, and persons in -his situation were not to be supposed qualified to judge of the law. -The impressions, therefore, made on Hare by those opinions were more -important than the abstract law, as they must have regulated him in -giving his testimony, in as far as his belief that he was safe was -concerned. He would, therefore, without reference to what had passed -at the trial, express his own opinion whether or not the Court was -entitled and empowered by law to quash the proceedings in consequence -of what took place at the examination on the trial? His Lordship held -the right of a private party to prosecute for murder undoubted. The -information for Hare says it is an antiquated privilege. It was not -antiquated. He had himself been counsel in a case from Aberdeen; and -there were many cases of trial for forgery at the instance of Banks. -In Captain Macdonoch’s case from Aberdeen there was no objection -hinted at, either by counsel or the bench. It was a sacred right, as -much so as if exercised at the instance of the Lord Advocate. There -are not many cases of trial for assythment; and none are noticed in -the informations. It is due in three contingencies—when remission is -before trial—when the accused is tried by a Court Martial—and when -he is fugitate or outlawed. His Lordship would not say if in any other -case assythment might be found due. What prevents the relatives of the -poor lad Wilson from sueing? The same principles apply in this case -as if the person murdered had been the highest in the land. Are his<span class="pagenum" id="Page_295">[295]</span> -relatives to be controlled by the Public Prosecutor? Though Hare was -admitted as witness on the trial for Docherty’s murder, and promised -an immunity for his participation in it, the Lord Advocate can neither -defeat nor control the right of prosecution in Wilson’s relatives, -nor unless in a case where the witness promised an immunity has been -actually examined and borne testimony. If a prosecution at the instance -of the Public Prosecutor for murder is followed by death, that is -conclusive, and shuts out process at the instance of a private party. -If there is a remission, assythment is competent; and if there be an -acquittal, there can be no process. There is nothing of this kind in -the present case. His Lordship stated that the avowed object was to -bring Hare to trial—that the right to do so was clear, and he did not -know if the Court had any legal right to prevent it or to defeat it. -The practical result was important, as Hare would not suffer death. He -reprobated the plea that this case should be decided on principles of -humanity, justice, and policy. It was not what judges held to be such -principles—but what the law lays down that is to regulate them. The -true question is, Whether the Court has power to prevent the trial; and -he was satisfied that neither the law nor the constitution authorised -it. He went into a view of the history of the law upon the subject of -admitting <i>socii criminis</i>, and referred to the Act 21, Geo. II. -c. 31, as for the first time introducing what was previously unknown -in our law. He considered that act as a resting place in the progress -of the law upon the subject—and the only satisfactory one—and it -was given under limitations. It was afterwards extended, and he was -not sure if it was well and wisely done. His Lordship then referred -to cases since that time, and, after other illustrations, concluded -by<span class="pagenum" id="Page_296">[296]</span> expressing his opinion that the bill should be refused, and the -investigations allowed to proceed.</p> - -<p>Lord <span class="smcap">Pitmilly</span> approved of the manner in which the case had -been conducted. He did not consider it necessary to take notice -of the proceedings at examination on the trial, of which there is -no authenticated record. The question was, whether they were to -stop proceedings or not—and he could not concur in Lord Gillies’s -views. As there were two ways to the same object, and as he had the -consolation to think that the practical result would be the same as -to the individual concerned, he should have been happy if he could -have concurred; but there was a principle involved which prevented -him from doing so. His Lordship took a view of the practice with -regard to <i>socius criminis</i> in reference to the Public Prosecutor -and to private parties; and stated that the old law of this country -excluded them. The law of England admitted them from the first; but -more recently our late decisions and practice admitted them in every -case. Such a system could only be introduced gradually. His Lordship -differed from Lord Gillies in his view of the act Geo. II. c. 34, -which introduced a particular rule of law for a special case. It -was not a general act, and laid down no general rule, but rather an -exception. The 20th section enacted a rule different from that in 31, -and the act could not be considered as a resting place in the history -of the law as to <i>socii</i>. His Lordship then went into a review -of the cases applicable to this point, and the principle laid down in -the case of Smith and Brodie had now been uniformly acted upon for a -period of upwards of forty years. The Lord Advocate’s statement was -highly satisfactory, and every one must agree in approving of the whole -course of his proceedings. His Lordship could not, after procuring -all the information which Hare afforded on the faith of the promised -immunity,<span class="pagenum" id="Page_297">[297]</span> turn round and proceed against him, because he had not been -examined on the two cases not brought to trial. He next considered -the right of the private party, and held that if it was competent to -proceed against Hare in the case of Wilson, it was equally competent -to proceed against him in the case of Docherty, at the instance of -private parties; yet it is admitted, that in the case of Docherty the -right of the private party is controlled, and must be controlled. After -a variety of other illustrations, which we regret our limits will -not allow us to repeat, in support of these doctrines, Lord Pitmilly -concluded by saying, that the purity and integrity of the law and the -faith of the Public Prosecutor, which, for the public good, must not be -broken, required that the liberation of the prisoner should be granted, -and the proceedings against him stopped. He felt most intensely for -the relatives of James Wilson—he sympathised with the public in their -feelings of detestation upon the subject of the murders which had led -to these discussions—but he felt more for the honour of the country, -which was bound to vindicate the faith of a great public officer acting -for the public welfare.</p> - -<p>Lord <span class="smcap">Meadowbank</span> considered this a very important case as -regarded the consistency of the Court, and also as it affects the -First Law Officer of the Crown—and if he were under the necessity -of refusing to discharge the warrant of commitment against Hare, it -would be to him a subject of humiliation and endless regret. His -Lordship differed from his brethren, who considered the admissibility -of a <i>socius criminis</i> as of modern introduction into the law of -Scotland. He referred to the authority of Lord Hailes, and the trials -of Lord Morton, and the Gowrie conspirators, to show that <i>socii</i> -were received as witnesses of old, and that remissions had been given -for the purpose of obtaining their evidence. His Lordship went into an<span class="pagenum" id="Page_298">[298]</span> -eloquent and learned illustration of the antiquities of our criminal -law in the days of the Justiciar, and previous to the time that the -Lord Advocate was invested with his present power, and maintained that -at no period in the law of Scotland has a private prosecutor ever -enjoyed the power of sueing a criminal without being subject to control -by the Public Prosecutor and the Court; and he held that when the king -created the Lord Advocate Public Prosecutor, he also must be held to -have invested him with all the powers necessary for explicating the -duties of his office. Among these the power of remission of offences -for the purpose of obtaining information essential to the public -welfare must have been transferred. There never had been a prosecution -of a <i>socius criminis</i> at any period in the history of the Court -when he had obtained the promise of indemnity from the Lord Advocate, -and given information and evidence. His Lordship was therefore for -quashing the proceedings.</p> - -<p>Lord <span class="smcap">Mackenzie</span> said, although he had been anticipated in what -he had to offer on this subject, he considered it his duty to express -his opinion. As to the matter of form, he was of opinion that Hare was -competently before the Court—and it was necessary to decide whether -he had a sufficient protection by the compact with the Lord Advocate -against farther proceedings. He held that the calling of a witness who -was a <i>socius</i> gives an implied protection, and this he held to -be fixed by the cases of Brodie and Smith, followed by all the cases -ever since. He considered that Hare had this protection both for the -case of Docherty and Wilson. The course of the Lord Advocate had been -most wise and expedient; and this wretched man, Hare, had acquired an -immunity in all the three cases, in consequence of the promise held out -to him. Considering the evidence adduced on the trial of Burke, it was -impossible<span class="pagenum" id="Page_299">[299]</span> to contemplate Hare’s escape without pain; but he must not -die by a perversion of the law, which would shake all confidence in the -fair and steady administration of justice.</p> - -<p>Lord <span class="smcap">Alloway</span> concurred in the views of Lord Gillies, and -expressed his opinion at considerable length. He applauded the Lord -Advocate, who had acted in a manner worthy of himself, and of the -high office which he held. His conduct had been distinguished for -wisdom and firmness, and he had not a doubt that the Lord Advocate was -bound to go to the Crown for a remission to Hare. The Crown, he held, -was the only source of mercy. His Lordship could not approve of any -authorities drawn from the practice of periods in our history which -were a disgrace and abomination—and he could not think of resting any -of our law on precedents drawn from the trials of Lord Morton and the -Gowrie conspirators. He heard that the trial on which Hare was examined -was only on the case of Docherty, not of Wilson; and if it was not -the case of Wilson, his examination in the other case afforded him no -protection. All other cases except Docherty’s were excluded, and there -was no other before the Jury. The Statute of Geo. II. was <i>in viridi -observantia</i>. His Lordship was for refusing the Bill.</p> - -<p>The <span class="smcap">Lord Justice Clerk</span> said, that considering this case as -one of very great importance, he had prepared his opinion upon it with -great care and anxiety, and as he had dictated it, he would now read -it without any apology. After some preliminary remarks, that opinion -was expressed in the following terms:—“From the statement of the Lord -Advocate, it is placed beyond all doubt, that, with a view to the -public interest alone, he resorted to the course therein detailed, -and considering the atrocious, extraordinary, and unexampled nature -of the crimes to which his attention had been called, the infinite -importance of avoiding<span class="pagenum" id="Page_300">[300]</span> the risk of the escape from punishment of all -who <i>then</i> appeared implicated in these crimes, and the immense -advantage of a public example from a conviction, he did exercise a wise -and sound discretion in betaking himself to the evidence of Hare and -his wife, and giving the assurance stated in his answers. It moreover -appears to me, that the propriety and wisdom of the conduct of the -Public Prosecutor in regard to the important and delicate duty he had -to perform, have been most fully evinced by the result of the trial -and conviction of William Burke. If instead of following the course he -did, he had indicted Hare and his wife along with the other prisoners -for the murder of Docherty, (the Public Prosecutor having <i>then</i>, -according to his own statement, no sufficient information regarding the -murders of Wilson and Paterson) and had failed to obtain a verdict, -against the certainty of which not being the case no one will venture -to give an opinion; it may be considered what would then have been -the feeling of the public in regard to such a proceeding. Keeping the -above circumstances in view, and attending particularly to the nature -and structure of the indictment exhibited against Burke and M‘Dougal, -charging the single crime of murder, in the three specific acts of Mary -Paterson, James Wilson, and Mrs. Docherty or Campbell, all alleged to -have been perpetrated in the same way and with the same <i>intent</i>, -viz. for the sale of the bodies for dissection,—in the list of -witnesses subjoined to which Hare and his wife were included—the -interlocutor of the Court finding the <i>whole</i> indictment relevant -to infer the pains of law, but upon the motion of the prisoners, -allowing the separation of the charges, and the trial then to proceed -as to the murder of Docherty alone—the subsequent direction, at the -desire of the prisoners, given to Hare, to confine his statement to the -case of Docherty—the examination which he then underwent,<span class="pagenum" id="Page_301">[301]</span> both for -the prosecution and the prisoners, is to be carefully attended to.”</p> - -<p>[His Lordship then took a most comprehensive and detailed view of the -law applicable to the case, which our limits will not permit us to give -at length, but the conclusion of it is so important that we must give -it to the public, as it affords explanations, which it is desirable -that every individual should be acquainted with in a case that has -excited so deep an interest.]</p> - -<p>“If then, the prisoner Hare is legally exempted from all prosecution -at the instance of the Public Prosecutor for any accession he may have -had to the three acts of murder charged in the indictment against -Burke and M‘Dougal, there seems no ground in law for maintaining -that he may still be prosecuted at the instance of the relations of -either of the three parties alleged to have been murdered. As to the -<i>speciality</i> attempted to be founded on as to his not having been -examined with regard to the actual murder of James Wilson, it has -already been sufficiently adverted to, in reference to the supposition -of the Lord Advocate attempting to prosecute for that offence. The -nature of the indictment—the interlocutor finding the whole charges -relevant—and the almost identity of the modes of slaughter and intent -with which the three acts were perpetrated, and the general nature of -Hare’s evidence—have already been pointed out as demonstrating that -without a total departure from the fairness and justness that must ever -characterize judicial procedure, it is impossible to deny that Hare did -mix himself up with matter that had the closest affinity to the other -acts, the trial of which did not proceed at the time. It is farther to -be recollected that, in the list of witnesses, there stand included -various persons connected with the death of Wilson, the discovery of -whom, we have the assurance of the Public Prosecutor, was made through<span class="pagenum" id="Page_302">[302]</span> -the information of Hare alone, who did also make such disclosures as -led to the framing of that and the other charge in the indictment. It -is utterly impossible, therefore, to view Hare as a person who had not -spoken out or given <i>any evidence</i>, relative to the crime for -which he is now attempted to be tried. He can by no possibility be -replaced in the situation in which he formerly stood. <i>Things are -no longer entire with regard to him</i>, as has been justly said. The -public has derived the benefit that was expected from his evidence, -by the conviction and execution of this guilty associate; and <i>the -public faith that was pledged to him in the face of the country</i>, -and confirmed by the intervention of the authority of this Court -<i>must be preserved inviolate</i>. Such is the deliberate opinion -that I have formed, after the most careful and anxious consideration -of all that has been urged, both in speaking and in writing, upon -this important question, and a careful review of the authorities that -appeared to bear upon it. <i>The same opinion I formerly delivered in -a most important stage of the trial of Burke and M‘Dougal, with the -concurrence of my brothers who were then sitting with me.</i> I am -free however to admit, that notwithstanding this circumstance, it was -my bounden duty to re-consider that opinion with all due attention to -the able and elaborate argument that was offered against it by the -respondents’ counsel. I cannot, however, agree with them that the -opinion to which they objected, and were well entitled to object, was -one of an <i>obiter</i>, or passing nature, and not to be considered -of importance at this stage of the trial when it was pronounced. It -was, on the contrary, delivered to the Jury, as the opinion of the -Court, upon an objection urged in point of law, in the most earnest -manner by the counsel for the prisoners, and which, if well-founded, -must have gone to the destruction of the credit of the accomplices<span class="pagenum" id="Page_303">[303]</span> who -had given evidence. There can be no part of the duty of the Judge who -presides at a criminal trial more sacred than that of expounding the -law to a Jury, in reference to such an objection; and it is necessary, -therefore, that the opinion of the Court should be given in the most -unequivocal terms. It was accordingly given to the purport and effect -that is stated in the printed trial. As no man can say what effect that -statement of the law had upon the minds of the Jury,—as it may in fact -have led them to give such credit to Hare and his wife, as actually -brought about their verdict against Burke, and consequently that his -fate had been decided by it, I have no hesitation in declaring, that if -I had, upon reflection, been convinced that I had committed an error, -and delivered an erroneous opinion in law to the Jury, I should have -felt it to be my bounden duty, without the least regard to popular -feeling or clamour, to have made such a representation to the Secretary -of State, as might have led to an alteration of the sentence of the law -upon Burke. The opinion, however, which I did deliver, in my charge to -the Jury, so far from being shaken, has been strengthened and confirmed -by all that I have since heard or read upon the subject. I shall only -add, that if the objection to the credit of the accomplices, upon the -ground of their being actually liable to be tried for the two acts -of murder contained in the indictment, the trial of which had that -day merely been postponed, had been taken, as it ought to have been, -when Hare and his wife were offered as witnesses, the point would -have been fully argued, and solemnly determined by the Court. But as -it was withheld till the addresses to the Jury, every one knows that -it could not otherwise have been disposed of than by delivering an -opinion upon it to the Jury. I have but one word more to add with -regard to the supposed inconsistency between the<span class="pagenum" id="Page_304">[304]</span> opinions expressed -by myself and my brothers, in regard to a question proposed to be put -to Hare, and that which I delivered to the Jury. I must beg leave, -however, to say, that when the real <i>res gestae</i> are attended -to, no such inconsistency can be found. I find from my notes, that -the argument of the counsel “was raised upon the question, <i>if Hare -ever was concerned in the commission of other murders</i>?” Upon the -competency of that question, the opinions of the Court were delivered, -and those opinions must necessarily be viewed as having reference to -the question actually proposed, and the injunction which the pannels’ -own counsel had themselves desired should be given to Hare, to confine -himself to the case of Docherty. And I well recollect of putting it to -the counsel, that the witness must be fairly dealt with, and of having -stated, that if asked in regard to the cases of Wilson and Paterson, -his whole statement must be given, whatever the consequences might be. -When the examination was resumed, I do not find that <i>the question is -put in the precise terms on which it had been argued</i>; and it was -only at a later period that Hare was asked, <i>if there was a murder -committed in his house in October last</i>? but as to which the opinion -of the Court was not delivered. Whatever shade of difference may -therefore appear in the opinions regarding these questions, and that -which was advisedly delivered in the charge to the Jury, and I am by no -means surprised it has so struck some of your Lordships, must fairly be -ascribed, either to the imperfections of the report of the trial, or -to the course of proceeding that was adopted at the suggestion of the -counsel for the prisoners. I am, upon the whole, of opinion, that the -prayer of the prisoner’s bill ought to be granted, and that it would -be directly contrary to the established practice of this Court, and -the principles of our law, merely to suspend the proceedings against -him,<span class="pagenum" id="Page_305">[305]</span> in order that a pardon should be obtained for his concern in the -offences charged in the indictment, upon which he was examined as a -witness. Such would be the course adopted by the judges of England; -but, respecting as I do, that law and its institutions, I do not, as -a Scottish judge, feel myself warranted to follow it on the present -occasion. My opinion is, that it would be equally incompetent to -the first officer of the crown, as it is to the private parties now -before us, to institute any criminal procedure against Hare, steeped -in guilt although he be, in reference to the acts contained in the -indictment against Burke, and I can allow that opinion in no degree to -be influenced, <i>civium ardore prava jubentium</i>.”</p> - -<p>An interlocutor was then pronounced, passing the bill of advocation, -(thereby reversing the decision of the Sheriff), ordaining the -Magistrates and keepers of the jail of Edinburgh to liberate the -prisoner Hare from confinement, quashing the proceedings which had been -instituted with a view to bring Hare to trial at the instance of James -Wilson’s nearest of kin, and ordaining the precognitions already taken -for that purpose to be cancelled.</p> - -<p>Thus, in as far as Hare is concerned, these prosecutions connected -with the late murders are closed; and whatever may be the opinions -entertained out of doors with respect to the conflicting views of -the Judges upon the law of the case, it must be satisfactory to the -country to find, that although differing materially on many points -in the discussion, the Court were unanimous in approving most warmly -and decidedly of the Lord Advocate’s proceedings. And, however deeply -every virtuous man may lament that a wretch, who is so covered over -with crimes, should escape the hands of justice, this feeling ought -to be controlled by the recollection that even the guilty must not -suffer by<span class="pagenum" id="Page_306">[306]</span> stretches of the law, which might also be perverted in other -cases, to the ruin of the innocent—that, without the information -which Hare has afforded, not even one of the horrid crew of murderers -would have been convicted, or the means afforded of checking a hideous -system of murder—and that, by the course which the Public Prosecutor -has pursued, in giving one man immunity from punishment for such -information, a great benefit has been conferred upon society, for -which his Lordship is entitled to the gratitude of his country. As -to Hare himself, he is morally, and in the eyes of all mankind, a -self-convicted murderer. He is liberated for the present from the jail -and the gibbet—but he goes forth an outcast on the world, with a brand -on his forehead, that can never be effaced. Wherever his name is heard -by him, he will hear it amidst the execrations of mankind. His doom -hereafter it is not for man to anticipate.</p> - -<p>The delivery of their Lordships’ opinions in this interesting case -occupied the Court upwards of seven hours. The Court-room was crowded -during the whole time.</p> - -<p>In the former part of this account, we announced that some particulars -of the lives of each of the prominent actors in the black dramas should -be given. The press of matter that has since occurred, has hitherto -prevented this, but we now proceed to redeem our pledge, in so far as -one of them is concerned, by briefly mentioning such things as have -come to our knowledge respecting the notorious</p> - - -<h2 class="nobreak normal">WILLIAM HARE.</h2> - - -<p>This villain’s character apparently has presented few traits which -could interest any one previous to his great crimes. It may be judged -of by picturing the <i>beau ideal</i><span class="pagenum" id="Page_307">[307]</span> of a drunken, ferocious, and -stupid profligate. What few incidents have occurred in his miserable -life, if such there were, would also have been lost, by the insuperable -aversion every one previously acquainted with him seems to have in -avowing even a casual connection. While the acquaintance of Burke has -been claimed by many, and his habits and manners freely dwelt upon, -all have shrunk from an avowal of such an intimacy with his fellow -monster, as would justify them in depicting his character. After it -was discovered that Burke had, before his crimes, displayed some of -the attributes of humanity, and had borne a very different character -from what his real one turned out to be, it was assumed, that he had -been made a tool of by Hare, and that he was the tempter and arch-fiend -who had lured him on to his destruction, and instructed him in the -hellish arts; and Burke’s language favoured the idea. But Hare has -since exhibited, along with his hardened indifference and callousness, -such a mental apathy, such gross and unconceivable stolidity in his -conduct and estimation of his crimes, as to force us to the conclusion, -that, however inclined he might be to reach the climax of atrocity, he -was not capable of leading or directing any one, far less Burke, or -initiating him in the barbarous trade.</p> - -<p>In corroboration of this we may mention, that a celebrated literary -professor of our University, it is understood, visited both of the -murderers when in jail, and gave, as his opinion, that in comparison -with Burke, Hare was a perfect fool, and that he was convinced that he -could never be his instructor.</p> - -<p>He describes Burke to have been a very intelligent man, and one whose -conversation would give a great idea of candour and open-heartedness, -though his conduct displayed nothing like remorse or contrition. On -the contrary, he seemed happy that the Professor’s knowledge of<span class="pagenum" id="Page_308">[308]</span> -Innerleithen enabled him to talk of the kindness and charity towards -him of several individuals there. He talked of them so as to lead -the learned gentleman to remark, that “he understood perfectly well -what charity was though he did not practise it.” Hare’s behaviour -and conversation were perfectly different. He seemed not to possess -the slightest moral perception of the enormity of his conduct, and -described his guilty compeer as one of the best men in the world, who -would part any thing he had in the world with a beggar. His aspect -did not belie him; well might Mr. Cockburn describe him as a “squalid -wretch;” we scarcely ever saw a more disgusting specimen of human -nature, and both in his physical and moral conformation the brute -seemed to vie with the man for the ascendency. A continual idiotic -though diabolical laugh appeared to be upon his countenance, such as -might be imagined to characterize the lowest grade of fiends.</p> - -<p>He is a native of Ireland, and was born in the neighbourhood of -Londonderry, and after working at country work there he came to -Scotland and engaged as a common labourer upon the Union Canal, and for -some time assisted in unloading Mr. Dawson’s coal-boats. There he fell -in with Log the former husband of his notorious wife, and subsequently -came to lodge in his house. After the work at the canal was finished -he took up the trade of a travelling huxter, and with an old horse and -cart went about the country selling fish, and sometimes crockery-ware, -which he gave in exchange for old iron, &c. and sold it again to the -dealers in Edinburgh. He used also to go about with a <i>hurley</i> -selling articles. Before Log’s death he had left his house in Tanner’s -Close, but returned again after this event, and assumed the privileges -of the master of the house, although Mrs. Log never was called by his -name. He then became a perfect pest to the inhabitants of the West -Port, from his debauched dissolute habits and reckless brutality.<span class="pagenum" id="Page_309">[309]</span> His -conduct would justify the oft-repeated allegation of an Irishman’s -addiction to fighting, as he was continually in a brawl. He never -failed to pick a quarrel upon any opportunity that offered, and an -individual looking at him was sufficient apology for a challenge to -the combat. Though a sorry pugilist, he was never tired until fairly -disabled; and the many drubbings he received, could not cure him of -his pugnacious propensities. If no adversary presented himself out -of doors, he was always sure of one within, and his wife and he were -perpetually engaged in conflicts. Though almost always intoxicated -herself, his drunkenness incited frequent attacks from her. Any of the -neighbours would desire a boy “to go and tell <i>Lucky Log</i> that -<i>Willie Hare</i> was on the street drunk,” and a fight immediately -ensued upon their rencontre.</p> - -<p>In our account of the murders, we have already noticed the share that -he had in them, as well as his conduct upon the trial and immediately -subsequent to it, and it is unnecessary to repeat it here; we will -confine ourselves therefore, to some farther notice of his deportment -while in jail, and his adventures after liberation. At first, after -Burke’s conviction, he imagined that his detention was for the purpose -of protecting him, and was very easy and not at all troubled with -compunction; but after his confinement was extended to a period far -beyond what was necessary for immediate protection, he began to become -uneasy, which was increased when inquiries about the murders were -renewed. His behaviour indicated most unbecoming levity, as well as -imbecility. He apparently was incapable of comprehending any thing of -moral rectitude.</p> - -<p>On the last Sabbath of Burke’s life, and when his own case was pending -in the courts, he is said to have displayed the only symptoms of -feeling that he had suffered to escape him. It was during the discourse -of the Rev. Mr.<span class="pagenum" id="Page_310">[310]</span> Porteous, which, contrary to his usual custom, he -listened attentively to, and appeared affected when pointed allusion -was made to his compeer.</p> - -<p>On the 2d February, and probably within half an hour of the time when -the wretch would have been liberated, in consequence of the judgment of -the High Court of Justiciary, on his bill of advocation, suspension, -and liberation, a detainer was lodged against him at the instance -of the mother and sister of Daft Jamie, proceeding upon a petition -setting forth that the petitioners had a claim of assythment against -Hare on account of the murder of their near relative; that the sum -of five hundred pounds, or such other sum as might be modified, was -due to them by Hare on that head, and that, as the said William Hare, -a foreigner, was <i>in meditatione fugae</i>, and about to withdraw -himself forth of the kingdom with a view to disappoint their just -claim; wherefore a warrant was prayed for to take him into custody, to -bring him before the Sheriff for examination, and to take him bound in -caution <i>judicio sisti et judicatum solvi</i>. The petitioners having -taken the usual oath, Hare was consequently detained, and eight o’clock -the same evening was fixed for his examination. Accordingly, a little -after the hour appointed he was brought into an apartment of the jail -for examination, and a number of interrogatories were put to him; but -he preserved an obstinate silence in regard to all of them, except the -first, we believe, which related in some way to the murder of Jamie, -and in reference to which he growled out that he would say no more -about it. Several witnesses to whom he had communicated his intention, -after getting out of jail, to quit this country and return to Ireland, -were then called and examined. Among these was a prisoner of the name -of Lindsay, a brisk fellow, with a black scratch wig on the top of his -head, who proved distinctly that Hare meant to<span class="pagenum" id="Page_311">[311]</span> leave Scotland and -withdraw to some part of Ireland; and having finished his deposition, -volunteered his unqualified testimony in favour not only of Hare but -also of Burke. This fellow, whose misfortune as well as fault it is to -be alimented and housed at the public expense, and who is not yet a man -of <i>tried</i> character, although it will soon, we understand, be put -to the test, observed that he knew both Burke and Hare well; that in -particular he had slept for a considerable time with the former before -his trial; and that he was decidedly of opinion they were <i>the best -Irishmen he ever knew</i>: from which we would charitably infer that -his acquaintance has been rather limited and somewhat select. Several -turnkeys gave evidence to the same effect with this <i>youth</i> as to -the expressed intentions of Hare; and ultimately the Sheriff granted -warrant for the incarceration of the latter, until he should give -caution <i>judicio sisti</i>. When Hare discovered the turn things -were taking, he recovered the use of his speech, and said twice or -three times, “Ye’re no giving me justice; I’m sure, gentlemen, ye’re -no giving me justice.” Observing him getting the better of the caution -he had previously observed, several questions were put to him, without -however eliciting any satisfactory answers. “What would you do if you -were to get out of jail?” “I do not know; I must do something; I have -no money.” “Do you consider yourself in danger from the mob?” He gave -no audible answer to this question, though he seemed to be muttering -something. “Would you consider yourself safe in Edinburgh?” “No, I -would not consider myself safe in Edinburgh.” “Would you consider -yourself safe in any other part of this country?” “My mind and heart -tell me that I ought to be safe?” This answer excited some surprise, -for had it been competent to prove any thing except his expressed -intentions to quit the country<span class="pagenum" id="Page_312">[312]</span> upon his liberation, witnesses might -have been easily produced to whom he had admitted the murder, from -all prosecution for which he is now for ever free. The appearance of -Hare upon this occasion was more than usually hideous and forbidding. -The “squalid wretch” of the witness-box will not soon be forgotten -by those who happened to see him there; but on Monday night he was -incomparably more gruesome and growlish; for in order to facilitate the -operations of some Phrenologists, who had just finished taking a cast -of his head, his hair had been mown down to the very sconce, with the -exception of a fringe bordering the scalp all round, thus blending in -his appearance the ludicrous with the horrid in a way and manner that -defies all description. His behaviour, however, was rather dogged and -cautious than impudent or forward. When he first entered the apartment, -he seemed very much at his ease; but when he came to understand, -after repeated explanations, the object of the proceedings, he grew -exceedingly restless and fidgetty, neither his “mind or heart telling -him” that farther imprisonment was likely to prove either convenient or -salutary. Upon the whole, however, he is certainly one of the coolest -and most collected villains that ever lived; and we are convinced that -the only consideration which gave him a moment’s uneasiness is an -accidental vision of the gallows flitting across his imagination. To -this favour, indeed, we have little doubt that he will ultimately come.</p> - -<hr class="tb" /> - -<p>The following admirable description from the graphic pen of John -M‘Diarmid, Esq. editor of the Dumfries and Galloway Courier, a -gentleman to whom literature is much indebted, furnishes every -particular that can be required<span class="pagenum" id="Page_313">[313]</span> of Hare’s proceedings after his -liberation from the Calton-hill Jail.</p> - -<hr class="tb" /> - -<p>We were roused from our bed on the morning of Friday the 6th of -February, by a messenger who stated that the miscreant Hare had arrived -in Dumfries. At first we could hardly credit the intelligence, after -what we had seen stated in the Edinburgh papers; but on repairing to -the coach office at the King’s Arms Inn, a little after eight o’clock, -we discovered that the news was too true. By this time a considerable -crowd had collected, and every moment added to its density. On being -admitted to the hateful presence of the man, we found him, as was -natural, exceedingly reserved on certain points, but sufficiently -communicative regarding others—particularly the means employed, as -he alleged, by certain authorities, to facilitate his escape to his -native country. At a little past eight on Thursday night, while a very -different impression prevailed in Edinburgh, he was released from -his cell in the Calton-hill Jail, and after being muffled in an old -camlet cloak, walked in company with the head Turnkey, as far as the -Post-Office on Waterloo Bridge, without meeting with the slightest -molestation. At this point his companion called a coach, and conveyed -him to Newington, where the two waited till the mail came up. The -guard’s edition of the story varies thus far—that he took up an -unknown passenger in Nicolson Street, and was ordered to blow the horn -there. But the difference is immaterial, and might easily arise from -Hare’s state of mind, and ignorance of the ever shifting localities -of Edinburgh. Be this as it may, he got safely seated on the top of -the mail, without challenge, and without suspicion. In the way-bill -he figured as a Mr. Black,—not an inappropriate name—and the tall -man who came to see him off, exclaimed, when<span class="pagenum" id="Page_314">[314]</span> the guard said “all’s -right,”—“good bye Mr. Black, and I wish you well home!” At Noblehouse, -the second stage on the Edinburgh road, twenty minutes are allowed for -supper, and when the inside passengers alighted and went into the Inn, -Hare was infatuated enough to follow their example. At first, however, -he sat down near the door, behind backs, with his hat on, and his cloak -closely muffled about him. But this backwardness was ascribed to his -modesty, and one of the passengers, by way of encouraging him, asked if -he was not perishing with cold. Hare replied in the affirmative, and -then moving forward, took off his hat and commenced toasting his paws -at the fire—a piece of indiscretion that can only be accounted for by -his imbecility of character. And little indeed was the wretch aware -that Mr. Sandford, advocate, one of the counsel employed against him -in the prosecution at the instance of Daft Jamie’s relations, was then -standing almost at his elbow. A single glance served all the purposes -of the fullest recognition, and as Hare naively enough remarked, “he -shook his head at me,”—we suppose it was a shake after the fashion -of the ghost in Macbeth, and that the wretch was so well aware of its -significancy, that he felt his blood freezing in its course, and that -his hair, if the phrenologists had left any remaining, would have -bristled “like quills upon the fretted porcupine.” When the guard blew -his horn, the associate of Burke managed to be first at the coach door, -and as there happened to be one vacant seat, was allowed to go inside. -But Mr. S. on coming forward, immediately discovered what had taken -place, and although something was said about the coldness of the night, -determinedly exclaimed, “take that fellow out.” Again, therefore, he -was transferred to the top, and then Mr. S. to explain perhaps his -seeming harshness, revealed to his fellow travellers—(two of our own -townsmen)—a<span class="pagenum" id="Page_315">[315]</span> secret which we devoutly wish he had kept. News, whether -good or bad, partake of the diffusive nature of light, and at Beattock, -the guard, and even the driver, became as learned as others, though not -half so close. Still as the hour was early, the night dark, and the -inmates asleep, no disturbance of any kind occurred until the tocsin -was sounded in this town. Each of our townsmen had a servant in waiting -to receive his luggage, and the moment Jack and Bill, Tom or Peter, -received a hint, the news flew like wild-fire in every direction. We -have already spoken of the crowd that had assembled shortly after -eight o’clock, and by ten it had become perfectly overwhelming. Nearly -the whole of the High Street was one continued mass of people, so -closely wedged, that you might have almost walked over their heads, -while Buccleuch Street was much in the same state; and to express -much in few words, the one, as far as numbers went, reminded us of a -great fair when the country empties itself of its population, and the -other of what takes place at an execution. The numbers of the people -are variously estimated, but the best judges are of opinion that they -could not be under 8,000. As it was known that Hare was bound to -Portpatrick, the mob every where evinced the greatest anxiety to see -him pass and pay their respects to him in their <i>own way</i>. But in -the interim of more than four hours, that elapses between the arrival -of the Edinburgh, and departure of the Galloway or Portpatrick mail, -hundreds if not thousands were admitted to see him; and if poll-tax -had been levied during the day, from the multitudinous visitors to the -wild beast, a large fund might have been raised for the purposes of -charity, though we question whether the poorest person in town would -have pocketed a farthing so ignominiously come by. The Edinburgh mail -arrived about twenty minutes before seven, and<span class="pagenum" id="Page_316">[316]</span> as the crowd were -soon on the <i>qui vive</i>, it became necessary to secrete Hare in -the tap-room attached to the King’s Arms. Here, from the first, he -was surrounded by a knot of drivers and other persons, and as ale was -handed to him, he commenced clattering to all and sundry, and drinking -absurd toasts—such as, “bad luck to bad fortune.” At this time he -appeared to be the worse of liquor; and when interrogated as to his -personal identity, he replied that he was indeed the man, and that -“there was no use of denying it now;” but all questions regarding his -crimes he evaded, by stating that “he had said enough before”—“had -done his duty in Edinburgh,” &c. &c. To have pressed him on such points -would have been the height of folly, for even if he had been disposed -to speak out, no reliance could have been placed in his statements; and -just as ill-timed, in our opinion, were the threatenings addressed, -and the reproaches showered upon him by a variety of persons. Betwixt -nine and ten o’clock an intelligent gentleman visited Hare, and shortly -after he was taken into a closet off the tap-room, and left in the -presence of three individuals. After various questions, touching -chiefly his early history, in the course of which he stated that he -had almost no money, and had tasted no food from the time he had left -the prison, the gentleman alluded to gave him a sovereign, and this -piece of kindness seemed to surprise him so much that he actually -burst into tears, though his bearing had been sufficiently unflinching -before. When this visitor retired, those without forced the door, and -crowded the closet to suffocation. In an instant Hare was nosed, and -squeezed into the smallest possible corner, and strongly reminded us -of a hunted fox when he stops short, turns round, shows his teeth, -though unable to fly, and vainly attempts to keep the jowlers at bay. -In the absence of the police, his situation was far from being free -from<span class="pagenum" id="Page_317">[317]</span> danger; and amidst a dreadful torrent of other imprecations -“Burke him! Burke him!” resounded so loudly, that we actually believed -he would be murdered on the spot. One old woman—the only one in the -crowd—was particularly emphatic and ferocious in her gestures, and -seemed anxious to get forward to strike “the villain” with the butt-end -of a dirty ragged umbrella. But she could not make her way through -the crowd; and lucky it was for the object of her abhorrence; for -mischief, like fire, needs only a beginning, and if but one individual -had set an example of violence, we believe it would have been very -generally followed. When the police arrived, the room was cleared, -and Hare re-conveyed to the tap-room, where crowds continued to visit -him, almost up to the hour, (eleven o’clock) when the Galloway mail -was expected to start. With a view to this, the inn yard was cleared -not without difficulty, the horses put to, and the coach brought out; -but the mob, who, Argus-like, and with far more than <i>his</i> eyes, -anxiously watched every opportunity, had previously taken their plans -almost by instinct, and their aspect appeared so truly threatening, -that it was impossible to drive the mail along the High Street, if Hare -was either out or inside, with safety to any person connected with it. -In these circumstances, and while two passengers were sent forward a -few miles in gigs, the coach started perfectly empty, if we except the -guard and driver, and one of Bailie Fraser’s sons, who seemed anxious -to protect his father’s property. The crowd opened and recoiled so far, -and the tremendous rush—the appalling waves on waves of people—far -exceeded in magnitude and intensity, any thing we ever witnessed in -Dumfries before. When near the post-office, the coach was surrounded, -the doors opened, and the interior exposed; and though this proceeding -served to allay suspicion, the cry soon resounded far and wide that the -miscreant,<span class="pagenum" id="Page_318">[318]</span> who was known to be a small man, had managed to squeeze -himself into the boot. We have said that the mob had concocted a plan, -and from all we can learn, their resolution was, to stop the mail at -the middle of the bridge, and precipitate Hare over its goodly parapet -into the river. Failing this, they had fully determined to way-lay the -coach at Cassylands toll-bar, and subject him to some other species of -punishment; and in proof of this, we need only state, that they had -forcibly barricaded the gates. But when it became obvious that Hare -was neither in nor on the mail, the guard and driver were allowed to -proceed; and we here mention, that Mr. Fraser, jun. while returning -home on foot, was hooted and threatened, merely from having been upon -the top of the mail. Even those who interfered in his behalf, were -exposed to a shower of mud, and ourselves among others, was so honoured -for daring to take the part of an unoffending citizen. But that is a -matter of no moment, otherwise we could tell a number of similar tales. -Hare, as we have said, was not allowed to go by the mail, and when that -fact became generally known, group after group continued to visit the -monster’s den, though policemen with their staves guarded the mouth of -the King’s Arms Entry, kept the mob at bay, and only admitted whom they -pleased. By these successive visitors, he was forced to sit or stand in -all positions, and cool, and insensate, and apathetic as he seems, he -was occasionally almost frightened out of his wits. Abuse of every kind -was plentifully heaped on him, as the only fitting incense that could -meet his ear; and one woman, it is said, seized him by the collar, -and nearly strangled him; while a sturdy ostler who happened to be -present, though perhaps not at the same moment, addressed him in these -emphatic words—“Whaur are ye gaun, or whaur can ye gang to?—Hell’s -ower good for<span class="pagenum" id="Page_319">[319]</span> the like o’ you—the very deevils, for fear o’ mischief, -wadna daur to let ye in; and as for heeven that’s entirely out o’ the -question.” Another man told him that he should never rise off his -knees, and many that “he should hang himsel’ on the first tree he cam’ -to.” On one occasion he was menaced by a mere boy, while others urged -him on and took his part, and at this time he became so much irritated -that he told them “to come on and give him fair play.” A second time -when pressed beyond what he could bear, he took up his bundle and -walked to the door, determined, as he said, to let the mob “tak’ their -will o’ him.” In this effort, he was checked by a medical man; but it -would be endless to repeat all that occurred while Hare remained a -prisoner in the tap-room.</p> - -<p>During the whole forenoon Mr. Fraser was apprehensive for the safety -of his premises, and naturally anxious to eject the culprit who had -rendered them so obnoxious. In fact, the whole town was so completely -convulsed, that it was impossible to tell what would happen next, and -in these circumstances, and after due deliberation, on the part of our -magistrates, who had a very onerous duty to perform, an expedient was -hit on and successfully executed, though the chances seemed ten to -one against it. Betwixt two and three o’clock, a chaise and pair were -brought to the door of the King’s Arms Inn, a trunk buckled on, and a -great fuss made; and while these means were employed as a decoy-duck, -another chaise was got ready almost at the bottom of the back entry, -and completely excluded from the view of the mob, if we except a posse -of idle boys. The next step was to direct Hare to clamber or rather -jump out of the window of his prison, and crouch like a cat along the -wall facing the stables, so as to escape observation. This part of his -task was well executed, and<span class="pagenum" id="Page_320">[320]</span> the moment he got to the bottom and jumped -into the chaise, the doors were closed and the postilion ordered to -drive like Jehu. And rarely has a better use been made of the whip; and -never perhaps, in the memory of man, did a chaise rattle so furiously -along the streets of Dumfries. To pass Mr. Rankine’s, and round the -corner at Mrs. Richardson’s brewery, was literally the work of a few -moments, and here the turn was taken so sharply, that the chaise ran -for some time on two wheels, and had very nearly been overturned. Had -it really upset, Hare, to a certainty, would have been torn to pieces; -but the driver knew that he was engaged in a very perilous service, and -proceeded onwards at a prodigious pace, lashing right and left all the -while. The mob by this time had become suspicious that a manœuvre of -some kind was in the act of being executed, and as the chaise-driver -had a considerable round to make, they moved in a twinkling, and in -prodigious masses, with the view of intercepting him about the middle -of the Sands. The rush down Bank Street baffles all description, and -can only be compared to the letting out of waters, or rather to the -descent of a mighty cataract. Even from the opposite side of the river, -numbers, when they witnessed the speed of the chaise, immediately -suspected what had taken place, and rushed with such fury across the -Old Bridge, that the driver ran the greatest possible risk of being -outflanked and surrounded on every side; and nothing, in fact, but the -mettle of his steeds, and the willing arm that urged them forward, -saved his passenger from instant death, and himself, perhaps, from -a terrible sousing. At every little interval he was intercepted and -threatened; and though Hare endeavoured to keep up the near pannel, -and also cowered down to be out of harm’s way, three stone were thrown -at, and entered the chaise—one of them heavy enough to have knocked -his<span class="pagenum" id="Page_321">[321]</span> brains out. “Stop! stop! let the murderer out!” were shouted by a -hundred voices at once; and while some stood still from inability to -run, others immediately supplied their places, and closed up almost -with the speed of thought, nearly the whole wake of the careering -vehicle. As an impression prevailed that the driver meant to gallop -out the Galloway road, there was a general rush to the western angle -of the New Bridge, and this mistake operated as a diversion in his -favour. Nor were the few moments gained mis-employed. The sharp corner -of Dr. Wood’s laboratory was cleared almost at a single bound, and as -he had then a broad street before him, nothing could well exceed the -fury with which he drove up to the jail door. Mr. Hunter had previously -received his clue, and though a strong chain was placed behind the -door, an opening was left to admit the fugitive; and into this gulph -he leapt, hop-step-and-jump—a thousand times more happy to get into -prison than the majority of criminals are to get out of it! His escape -enraged the mob greatly, and the scene of action must now be shifted -from the King’s Arms Inn to the neighbourhood of the jail. As their -numbers increased, they laid regular siege to this place of safety, -preventing all ingress or egress excepting at considerable personal -risk. From four to eight o’clock nothing but clamour and rioting were -heard; and at night fall they smashed and extinguished the nearest gas -lamps, for reasons that may be easily enough conceived. The ponderous -knocker of a most ponderous door was wrenched from its socket by main -force, and successive showers of stones thrown with such violence -into the court-yard, that the chimney cans of some of the buildings -were broken. For want of a better battering-ram, the same means were -tried to force the entrance to the jail, and the rebound of the stones -was so loud, incessant, and long continued, that the<span class="pagenum" id="Page_322">[322]</span> inhabitants -of Buccleuch Street were under the greatest apprehensions for the -safety of their dwellings. Though the militia staff and police exerted -themselves to the utmost, their numbers were inadequate to preserve -proper order; and it was not till near eight o’clock, when a hundred -special constables were sworn in, and appeared armed with batons on -the spot, that the peace of the town was re-assured. Previous to this, -nearly the whole front windows of the court-house were smashed, as well -as a few in an adjoining building, though that, we believe, occurred -by accident. By some, too, it was proposed to pay a similar compliment -to every doctor in town, and by others to provide tar barrels and -peats for the purpose of firing the doors of the jail. Indeed, from -what we have heard, it seems nearly certain that the latter scheme -would have been carried into execution, and that nothing prevented -the jail from being partially burnt and sacked, but the swearing in -of the special constables—a measure that should have been adopted -some hours earlier. In spite of the noise occasioned by the uproar and -ceaseless hum of human voices, Hare was in bed and sound asleep; and -we dare say our authorities were a good deal puzzled what to do with -him, and very heartily banned the cause that had led him to pollute -Dumfries with his hateful presence. During the whole day, business -had been interrupted, if not suspended, and it was feared, if he -remained overnight, that the scenes of Friday would be renewed and -aggravated, by large importations of persons from the country. Still -so long as the streets leading to the jail, and other parts of the -town were in a state of commotion, it seemed next to impossible to get -out of the way, and if the mob had remained firm to their purpose of -keeping vigilant watch and ward, we know not what would have been the -final result. But as the night waxed their resolution<span class="pagenum" id="Page_323">[323]</span> cooled, and at -one o’clock on Saturday morning not a single individual was seen in -Buccleuch Street beyond those on official duty. As the opportunity was -too good to be lost, Hare was roused from his troubled slumbers, and -ordered to prepare for his immediate departure. While putting on his -clothes he trembled violently, and inquired eagerly for his cloak and -bundle. But as these articles were not at hand, he was told that he -must go without them, and thank his stars into the bargain that he had -a prospect of escaping with whole bones. As the whole population of -Galloway were in arms, and as the mail had been surrounded and searched -on Friday at Crocketford toll-bar, and probably at every other stage -betwixt Dumfries and Portpatrick, it was in vain to escort him across -the bridge; and in these circumstances he was recommended to take -another route. He at once consented, and after being guided to Hood’s -loaning by two militia-men and a Sheriff’s officer, and fairly put on -the Annan road, he was left to his own reflections and resources. At -three o’clock he was seen by a boy passing Dodbeck, and must have been -beyond the Border by the break of day, though a report was circulated -on Saturday and Sunday, that he had been discovered at Annan and stoned -to death. But this mistake was corrected yesterday by the driver of the -mail, who reported that he saw him at a quarter past five on Saturday -evening, sitting beside two stone-breakers on the public road, within -half a mile of Carlisle. As the coach passed he held down his head, but -the driver recognised him, notwithstanding, as well as a gentleman who -was on the top of the mail. The news soon spread, and as a number of -persons went to see him, he was told he would be murdered if he went -into Carlisle; and although he appeared completely “done up,” he turned -off by the Newcastle<span class="pagenum" id="Page_324">[324]</span> road, and doubtless made his bed in the open -fields.</p> - -<p>Since writing the above, we have learnt that Hare was seen on Sunday -morning last, at a small village about two miles beyond Carlisle. -During the preceding night, he had slept, as is believed, in an -out-house, and seemed to be moving onwards trusting to circumstances, -and without any fixed purpose, if we except the wretched one of -prolonging, as long as possible, his miserable life. In England he -is certainly much safer than in Scotland, particularly since the -publication of Burke’s confession; but still it is hardly possible, -and certainly not desirable that a wretch such as he is—steeped to -the very chin in blood—should find a permanent resting place for the -sole of his foot in any part of the British dominions. While a late -great fugitive found only foes in the officers of justice, almost -every man is naturally and irresistibly the enemy of Hare; and, -perhaps, since the days of our first parents, there never existed a -human being, of whom it could be said with less justice, “the world -is all before him, where to choose his place of rest.” Like the first -murderer, he bears a mark about him, which even those who run may -read; and seared and ossified as his conscience may be, there is a -worm gnawing at it, that will never die; and we fondly hope, that the -intense moral loathing—the universal execration—the curses deep -as well as loud—excited by crimes, which make humanity turn pale, -will have more effect than a hundred acts of Parliament, in blotting -out similar crimes from our calendar, and restoring Scotland to its -wonted propriety. Still we rejoice that our Magistrates were firm -and enlightened enough to prevent any thing like personal violence -from being offered to the miscreant in this town; a feeling which, if -necessary, we could justify on a thousand and one grounds. It has been -often<span class="pagenum" id="Page_325">[325]</span> said that most of the horrors of the French Revolution might be -ascribed to the first deliberate murder which the populace were allowed -and encouraged to perpetrate, and that ever after they appeared to be -as insatiable in their thirst for vengeance, as the lion is that has -once lapped human blood. If Providence, when he interfered specially -in the affairs of the world, left Cain to wander homeless on the face -of the earth, why may not Hare be subjected to the same species of -punishment? and without wishing to refine too far, we may say, as the -Roman said long ago, “every thing must bow to the majesty of the law; -and that from the weightiest circumstance down to the smallest, there -is a medium course—a middle path—beyond which no rectitude can exist.”</p> - - -<h2 class="nobreak normal">HARE’S APPEARANCE, &c.</h2> - - -<p>We believe we speak within bounds, when we say, that scarcely an -individual among the thousands who visited Hare here, could have -identified him from the descriptions given in the Edinburgh papers; -and still less from the caricatures in the shape of wooden blocks or -cuts, which, when daubed over with printer’s ink, were palmed on the -public as excellent likenesses.<a id="FNanchor_6" href="#Footnote_6" class="fnanchor">[6]</a> Close confinement may have made him -thinner, and terror and reflection more subdued; but his features, -of course, remain unaltered; and in place of the <i>goulishness</i>, -<i>squalor</i>, and <i>ferocity</i>, upon which the changes have been -wrung so long, the people in this quarter could only recognise the -contrary characteristics of apathy, vacancy, and mental imbecility. -His eyes are watery, curiously shaped, and have certainly a -peculiarity about them, which seems to hover betwixt leering and<span class="pagenum" id="Page_326">[326]</span> -squinting; the forehead is low, as in all murderers; combativeness is -large—destructiveness middling; the nose, mouth, and chin, very vulgar -and common-place; and his countenance, on the whole, though it may -betray more or less of what we may call a sinister dash of expression, -indicates anything but intense ferociousness. The common remark was, -that “he was a poor silly-looking body;” and nothing can better -describe his appearance; for though Hare is certainly no beauty, every -one has seen hundreds of uglier men. He can neither read nor write, -and his mind, in other respects, is just as untutored as an Esquimaux -Indian’s. What is called the moral sense, seems in him to stand below -<i>zero</i>; and in this opinion we are borne out by all the medical -gentlemen who had an opportunity of seeing and conversing with him -here. He is five feet six inches high, and weighed, he says, at one -time, 10 stones. When his venerable, and we understand, respectable -mother, visited Edinburgh about a fortnight after he was apprehended, -she stated that he was about twenty-five years of age, and this part -of his personal history he seems only to know on her authority. He is -a native of Armagh, though he refused to tell the particular parish. -His father, who is dead, was a Protestant; his mother is a Catholic; -and though he never cared much about the matter, and either could -not, or would not give the name of the priest he attended, he seems -inclined to prefer his mother’s religion. He has two brothers and two -sisters alive. He came to Scotland ten years ago, and after landing at -Workington, travelled to Newcastle, &c. He worked seven years with Mr. -Dawson, at the canal boats, Edinburgh, and two years with Mr. Johnston, -quarryman. He married more than two years ago, and has two children. -His wife, he says, was lately in Glasgow, and got somebody to write -a letter to the governor of the jail, stating particulars “which are -nobody’s<span class="pagenum" id="Page_327">[327]</span> business,” and suggesting an arrangement for meeting her -husband in some part of Ireland. With regard to Burke, his statements -were so loose and contradictory, that we question whether any one heard -him say the same thing twice over. Sometimes he denied, and sometimes -admitted that he had seen his confession; sometimes hinted that the -whole truth was not yet known, and at others that far more had been -said than was true. To one person he averred that he had only witnessed -two murders; and he was only, perhaps, consistent in this, that he -seemed uniformly willing to blacken his associate, and whitewash -himself. Burke’s statement that his female associate had no knowledge -of the murders committed, goes far to damage his whole testimony, -and if both assassins had been confessed and gibbetted, we question -whether the truth could have been got at between them; and though we -think it right to give the above particulars, we would not, for our own -parts, believe a single word that Hare says, where the circumstance -he speaks to is at all material, if unsupported by other evidence. To -one gentleman who pressed him pretty closely, he positively declared -that he believed that even Paterson himself was ignorant of the manner -in which <i>they</i> (meaning, of course, Burke and himself), came by -so many subjects. A great number of persons were certain that they -had seen Hare before, and one or two farmers insisted that he had -worked as a reaper on their lands. But he denied ever having been in -Dumfries-shire or Galloway, and it seems probable that this is the real -truth, otherwise it is very difficult to explain why he did not leave -the mail at Albany Place and proceed to Portpatrick quietly on foot, -before the hue and cry was raised here. To one of the individuals who -saw him out of town, and who strove to open his eyes to the enormity of -his guilt, he remarked, as soon as he could speak from terror,<span class="pagenum" id="Page_328">[328]</span> “this -has been a terrible day for me.” “Yes,” said the other, “more terrible -than any day I ever witnessed in Dumfries, and all owing to your own -character.” To this he seemed to assent, and added emphatically, “I see -it now.” Again the other enforced the great duty of repentance, and -found him, for the moment, apparently penitent, though he soon recurred -to his worldly prospects, and said, “it’s of no use going to my own -country—or indeed anywhere.” On this his guide advised him to try and -get to the South, and inlist as a private in some of the regiments -of the East India Company. His answer was, “God knows what I will -do, though I must do something.” And here he went on his way, after -offering to shake hands with the officers, and thanking them for seeing -him out of town.</p> - -<hr class="tb" /> - -<p>Hare has not been heard of since the morning of Sunday the 8th Feb. It -is probable that he has found his way to Liverpool, where a passage to -Dublin could be readily procured, or that he has embarked at one of -the Cumberland ports. By this time he may be in Ireland, where he can -hide his guilty head with less fear of detection. We may hope that his -presence will never again pollute our soil.</p> - -<p><span class="pagenum" id="Page_329">[329]</span></p> - -<h2 class="nobreak normal">CONFESSIONS OF WILLIAM BURKE.</h2> - - -<p>That our readers may not be disappointed, we print entire the -confessions of Burke as received by the Sheriff, as well as the more -complete one obtained by the Courant newspaper. The account of his -crimes contained in our memoir was so full and correct, that these -might almost have been spared; but even at the risk of incurring the -charge of repetition, we present whatever possesses interest.</p> - - -<p class="center sm">LETTER FROM THE SHERIFF TO THE RIGHT HON. THE LORD PROVOST.</p> - -<p class="r2"><i>Sheriff’s Office, Edinburgh, Feb. 5, 1829.</i></p> - -<p class="left2 smcap">My Lord Provost,</p> - -<p>As it is now fully understood that all proceedings of a criminal nature -against William Hare have terminated, it has appeared to the Lord -Advocate, that the Community have a right to expect a disclosure of the -contents of the Confessions made by William Burke after his conviction. -I have, therefore, been directed to place those Confessions in your -Lordship’s hands, with a view to their being given to the public, at -such time, and in such a manner as you may deem most advisable.</p> - -<p>Your Lordship is already aware that the first of these Confessions was -taken by the Sheriff-Substitute, on the 3d day of January last, in -consequence of Burke having intimated a wish to that effect. The second -was taken on the 22d of the same month, a few days before Burke’s -execution; and in order to give it every degree of authenticity,<span class="pagenum" id="Page_330">[330]</span> Mr. -Reid, a Roman Catholic Priest, who had been in regular attendance on -Burke, was requested to be present.</p> - -<p>It may be satisfactory to your Lordship to know, that in the -information which Hare gave to the Sheriff on the 1st of December last, -(while he imputed to Burke that active part in those deeds, which the -latter now assigns to Hare,) Hare disclosed nearly the same crimes in -point of number, of time, and of the description of persons murdered, -which Burke has thus confessed; and in the few particulars in which -they differed, no collateral evidence could be obtained calculated to -show which of them was in the right.</p> - -<p>Your Lordship will not be displeased to learn, that after a very full -and anxious inquiry, now only about to be concluded, no circumstances -have transpired calculated to show that any other persons have lent -themselves to such practices in this city, or its vicinity; and -that there is no reason to believe, that any other crimes have been -committed by Burke and Hare, excepting those contained in the frightful -catalogue to which they have confessed.</p> - -<p>In concluding, I need hardly suggest to your Lordship the propriety of -not making those Confessions public, until such time as you are assured -that Hare has been actually liberated from Jail. I have the honour to -be, My Lord, your Lordship’s most obedient humble servant,</p> - -<p class="r2">AD. DUFF.</p> - -<p><i>The Right Hon. the Lord Provost, &c. &c.</i></p> - -<p><span class="pagenum" id="Page_331">[331]</span></p> - - -<h2 class="nobreak sm">OFFICIAL CONFESSIONS OF BURKE IN THE JAIL.</h2> - - -<div class="blockquot"> - -<p class="hangingindent">Present, Mr. George Tait, Sheriff-Substitute; Mr. Archibald -Scott, Procurator-Fiscal; Mr. Richard J. Moxey, Assistant -Sheriff Clerk.</p> -</div> - -<p class="r2"><i>Edinburgh, 3d Jan. 1829.</i></p> - -<p>Compeared William Burke, at present under sentence of death in the -gaol of Edinburgh, states, that he never saw Hare till the Hallow-fair -before last, (November 1827,) when he and Helen M‘Dougal met Hare’s -wife, with whom he was previously acquainted, on the street; they -had a dram, and he mentioned he had an intention to go to the west -country to endeavour to get employment as a cobbler, but Hare’s wife -suggested that they had a small room in their house which might suit -him and M‘Dougal, and that he might follow his trade of a cobbler in -Edinburgh,—and he went to Hare’s house, and continued to live there, -and got employment as a cobbler.</p> - -<p>An old pensioner, named Donald, lived in the house about Christmas -1827; he was in bad health, and died a short time before his quarter’s -pension was due—that he owed Hare L. 4; and a day or two after the -pensioner’s death, Hare proposed that his body should be sold to the -doctors, and that the declarant should get a share of the price. -Declarant said it would be impossible to do it, because the man would -be coming in with the coffin immediately; but after the body was put -into the coffin, and the lid was nailed down, Hare started the lid -with a chisel, and he and declarant took out the corpse and concealed -it in the bed, and put tanner’s bark from behind the house into the -coffin, and covered it with a sheet, and nailed down the lid of the -coffin, and the coffin<span class="pagenum" id="Page_332">[332]</span> was then carried away for interment. That Hare -did not appear to have been concerned in any thing of the kind before, -and seemed to be at a loss how to get the body disposed of, and he and -Hare went in the evening to the yard of the College, and saw a person -like a student there, and the declarant asked him if there were any of -Dr. Monro’s men about, because he did not know there was any other way -of disposing of a dead body—nor did Hare. The young man asked what -they wanted with Dr. Monro, and the declarant told him that he had a -subject to dispose of, and the young man referred him to Dr. Knox, No. -10, Surgeons’ Square, and they went there, and saw young gentlemen whom -he now knows to be Jones, Miller, and Ferguson, and told them that they -had a subject to dispose of, but they did not ask how they had obtained -it; and they told the declarant and Hare to come back when it was dark, -and that they themselves would find a porter to carry it: Declarant -and Hare went home, and put the body into a sack, and carried it to -Surgeons’ Square, and not knowing how to dispose of it, laid it down at -the door of the cellar, and went up to the room where the three young -men saw them, and told them to bring up the body to the room, which -they did, and they took the body out of the sack, and laid it on the -dissecting table: That the shirt was on the body, but the young men -asked no questions as to that, and the declarant and Hare, at their -desire, took off the shirt, and got L.7, 10s. Dr. Knox came in after -the shirt was taken off, and looked at the body, and proposed they -should get L.7, 10s. and authorised Jones to settle with them; and he -asked no questions as to how the body had been obtained. Hare got L.4, -5s., and the declarant got L.3, 5s. Jones, &c. said that they would be<span class="pagenum" id="Page_333">[333]</span> -glad to see them again when they had any other body to dispose of.</p> - -<p>Early last spring, 1828, a woman from Gilmerton came to Hare’s house as -a nightly lodger, Hare keeping seven beds for lodgers: That she was a -stranger, and she and Hare became merry, and drank together; and next -morning she was very ill in consequence of what she had got, and she -sent for more drink, and she and Hare drank together, and she became -very sick and vomited, and at that time she had not risen from bed, and -Hare then said that they would try and smother her in order to dispose -of her body to the Doctors: That she was lying on her back in the bed, -and quite insensible from drink, and Hare clapped his hand on her mouth -and nose, and the declarant laid himself across her body in order to -prevent her making any disturbance, and she never stirred, and they -took her out of bed and undressed her, and put her into a chest, and -they mentioned to Dr. Knox’s young men that they had another subject, -and Mr. Miller sent a porter to meet them in the evening at the back of -the Castle; and declarant and Hare carried the chest till they met the -porter, and they accompanied the porter with the chest to Dr. Knox’s -class-room, and Dr. Knox came in when they were there; the body was -cold and stiff. Dr. Knox approved of its being so fresh, but did not -ask any questions.</p> - -<p>The next was a man named Joseph, a miller, who had been lying badly in -the house: That he got some drink from declarant and Hare, but was not -tipsy; he was very ill, lying in bed, and could not speak sometimes, -and there was a report on that account that there was fever in the -house, which made Hare and his wife uneasy in case it should keep -away lodgers, and they (declarant and Hare) agreed that they should -suffocate him for the<span class="pagenum" id="Page_334">[334]</span> same purpose, and the declarant got a small -pillow and laid it across Joseph’s mouth, and Hare lay across the body -to keep down the arms and legs, and he was disposed of in the same -manner, to the same persons, and the body was carried by the porter who -carried the last body.</p> - -<p>In May 1828, as he thinks, an old woman came to the house as a lodger, -and she was the worse of drink, and she got more drink of her own -accord, and she became very drunk, and declarant suffocated her; and -Hare was not in the house at the time; and she was disposed of in the -same manner.</p> - -<p>Soon afterwards an Englishman lodged there for some nights, and was ill -of the jaundice: that he was in bed very unwell, and Hare and declarant -got above him and held him down, and by holding his mouth suffocated -him, and disposed of him in the same manner.</p> - -<p>Shortly afterwards an old woman named Haldane, (but he knows nothing -farther of her) lodged in the house, and she had got some drink at the -time, and got more to intoxicate her, and he and Hare suffocated her, -and disposed of her in the same manner.</p> - -<p>Soon afterwards a cinder woman came to the house as a lodger, as he -believes, and she got drink from Hare and the declarant, and became -tipsy, and she was half asleep, and he and Hare suffocated her, and -disposed of her in the same manner.</p> - -<p>About midsummer 1828, a woman, with her son, or grandson, about twelve -years of age, and who seemed to be weak in his mind, came to the house -as lodgers; the woman got a dram, and when in bed asleep, he and Hare -suffocated her; and the boy was sitting at the fire in the kitchen, -and he and Hare took hold of him, and carried him into the room and -suffocated him. They<span class="pagenum" id="Page_335">[335]</span> were put into a herring barrel the same night, -and carried to Dr. Knox’s rooms.</p> - -<p>That, soon afterwards, the declarant brought a woman to the house as a -lodger, and after some days she got drunk, and was disposed of in the -same manner: That declarant and Hare generally tried if lodgers would -drink, and, if they would drink, they were disposed of in that manner.</p> - -<p>The declarant then went for a few days to the house of Helen M‘Dougal’s -father, and when he returned, he learned from Hare that he had disposed -of a woman in the declarant’s absence, in the same manner, in his own -house; but the declarant does not know the woman’s name, or any farther -particulars of the case, or whether any other person was present or -knew of it.</p> - -<p>That about this time he went to live in Brogan’s house, and a woman, -named Margaret Haldane, daughter of the woman Haldane before mentioned, -and whose sister is married to Clark, a tinsmith in the High Street, -came into the house, but declarant does not remember for what purpose; -and she got drink, and was disposed of in the same manner: That Hare -was not present, and neither Brogan nor his son knew the least thing -about that or any other case of the same kind.</p> - -<p>That, in April 1828, he fell in with the girl Paterson and her -companion in Constantine Burke’s house, and they had breakfast -together, and he sent for Hare, and he and Hare disposed of her in -the same manner; and Mr. Ferguson and a tall lad, who seemed to have -known the woman by sight, asked where they had got the body; and the -declarant said he had purchased it from an old woman at the back of -the Canongate. The body was disposed of five or six hours after the -girl was killed, and it was cold but not very stiff, but he does not<span class="pagenum" id="Page_336">[336]</span> -recollect of any remarks being made about the body being warm.</p> - -<p>One day in September or October 1828, a washer-woman had been washing -in the house for some time, and he and Hare suffocated her, and -disposed of her in the same manner.</p> - -<p>Soon afterwards, a woman, named M‘Dougal, who was a distant relation of -Helen M‘Dougal’s first husband, came to Brogan’s house to see M‘Dougal; -and after she had been coming and going to the house for a few days, -she got drunk, and was served in the same way by the declarant and Hare.</p> - -<p>That “Daft Jamie” was then disposed of in the manner mentioned in the -indictment, except that Hare was concerned in it. That Hare was lying -alongside of Jamie in the bed, and Hare suddenly turned on him, and -put his hand on his mouth and nose; and Jamie, who had got drink, but -was not drunk, made a terrible resistance; and he and Hare fell from -the bed together, Hare still keeping hold of Jamie’s mouth and nose; -and as they lay on the floor together, declarant lay across Jamie to -prevent him from resisting, and they held him in that state till he was -dead, and he was disposed of in the same manner; and Hare took a brass -snuff-box and a spoon from Jamie’s pocket, and kept the box to himself, -and never gave it to the declarant, but he gave him the spoon.</p> - -<p>And the last was the old woman Docherty, for whose murder he has been -convicted. That she was not put to death in the manner deponed to by -Hare on the trial. That during the scuffle between him and Hare, in the -course of which he was nearly strangled by Hare, Docherty had crept -among the straw, and after the scuffle was over they had some drink, -and after that they went both<span class="pagenum" id="Page_337">[337]</span> forward to where the woman was lying -sleeping, and Hare went forward first and seized her by the mouth and -nose, as on former occasions; and at the same time the declarant lay -across her, and she had no opportunity of making any noise; and before -she was dead, one or other of them, he does not recollect which, took -hold of her by the throat. That while he and Hare were struggling, -which was a real scuffle, M‘Dougal opened the door of the apartment, -and went into the inner passage and knocked at the door, and called -out police and murder, but soon came back; and at same time Hare’s -wife called out, never to mind, because the declarant and Hare would -not hurt one another. That whenever he and Hare rose and went towards -the straw where Docherty was lying, M‘Dougal and Hare’s wife, who, he -thinks, were lying in bed at the time, or, perhaps, were at the fire, -immediately rose and left the house, but did not make any noise, so -far as he heard, and he was surprised at their going out at that time, -because he did not see how they could have any suspicion of what they -(the declarant and Hare) intended doing. That he cannot say whether he -and Hare would have killed Docherty or not, if the women had remained, -because they were so determined to kill the woman, the drink being in -their head;—and he has no knowledge or suspicion of Docherty’s body -having been offered to any person besides Dr. Knox, and he does not -suspect that Paterson would offer the body to any other person than Dr. -Knox.</p> - -<p>Declares, That suffocation was not suggested to them by any person as -a mode of killing, but occurred to Hare on the first occasion before -mentioned, and was continued afterwards because it was effectual, and -showed no marks; and when they lay across the body at the same time, -that was not suggested to them by any person, for they never<span class="pagenum" id="Page_338">[338]</span> spoke to -any person on such a subject; and it was not done for the purpose of -preventing the person from breathing, but was only done for the purpose -of keeping down the person’s arms and thighs, to prevent the person -struggling.</p> - -<p>Declares, That with the exception of the body of Docherty, they never -took the person by the throat, and they never leapt upon them; and -declares that there were no marks of violence on any of the subjects, -and they were sufficiently cold to prevent any suspicion on the part of -the Doctors; and, at all events, they might be cold and stiff enough -before the box was opened up, and he and Hare always told some story of -their having purchased the subjects from some relation or other person -who had the means of disposing of them, about different parts of the -town, and the statements which they made were such as to prevent the -Doctors having any suspicions; and no suspicions were expressed by Dr. -Knox or any of his assistants, and no questions asked tending to show -that they had suspicion.</p> - -<p>Declares, That Helen M‘Dougal and Hare’s wife were no way concerned in -any of the murders, and neither of them knew of any thing of the kind -being intended, even in the case of Docherty; and although these two -women may latterly have had some suspicion in their own minds that the -declarant and Hare were concerned in lifting dead bodies, he does not -think they could have any suspicion that he and Hare were concerned in -committing murders.</p> - -<p>Declares, That none of the subjects which they had procured, as -before mentioned, were offered to any other person than Dr. Knox’s -assistants, and he and Hare had very little communication with Dr. -Knox himself; and declares, that he has not the smallest suspicion of -any other person in this, or in any other country, except Hare and<span class="pagenum" id="Page_339">[339]</span> -himself, being concerned in killing persons and offering their bodies -for dissection; and he never knew or heard of such a thing having been -done before.</p> - -<p class="smcap r2">Wm. BURKE.</p> - -<p class="r4">G. TAIT.</p> - - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="hangingindent">Present, Mr. Geo. Tait, Sheriff-Substitute; Mr. Archibald -Scott, Procurator-Fiscal; Mr. Richard J. Moxey, -Assistant-Sheriff-Clerk; the Rev. Wm. Reid, Roman Catholic -Priest.</p> -</div> - -<p class="r2"><i>Edinburgh, 22d Jan. 1829.</i></p> - -<p>Compeared William Burke, at present under sentence of death in the -Gaol of Edinburgh, and his declaration, of date the 3d current, being -read over to him, he adheres thereto. Declares farther, that he does -not know the names and descriptions of any of the persons who were -destroyed except as mentioned in his former declaration. Declares, that -he never was concerned in any other act of the same kind, nor made any -attempt or preparation to commit such, and all reports of a contrary -tendency, some of which he has heard, are groundless. And he does not -know of Hare being concerned in any such, except as mentioned in his -former declaration; and he does not know of any persons being murdered -for the purpose of dissection by any other persons than himself and -Hare, and if any persons have disappeared any where in Scotland, -England, or Ireland, he knows nothing whatever about it, and never -heard of such a thing till he was apprehended. Declares, that he never -had any instruments in his house except a common table knife, or a -knife used by him in his trade as a shoemaker, or a small pocket knife, -and he never used any of those instruments, or attempted to do so, on -any of the<span class="pagenum" id="Page_340">[340]</span> persons who were destroyed. Declares, that neither he, nor -Hare, so far as he knows, ever were concerned in supplying any subjects -for dissection except those before mentioned; and, in particular, never -did so by raising dead bodies from the grave. Declares, that they never -allowed Dr. Knox, or any of his assistants, to know exactly where their -houses were, but Paterson, Dr. Knox’s porter or doorkeeper, knew. And -this he declares to be truth.</p> - -<p class="smcap r2">Wm. BURKE.</p> - -<p class="r4">G. TAIT.</p> - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="hangingindent"><i>The following is another Confession, as dictated and -carefully revised by <span class="smcap">William Burke</span>. The words printed -in Italics were added in the Manuscript by himself.</i></p> -</div> - -<p><span class="smcap">Abigail Simpson</span> was murdered on the 12th February 1828, on -the forenoon of the day. She resided in Gilmerton, near Edinburgh; has -a daughter living there. She used to sell salt and camstone. She was -decoyed in by Hare and his wife on the afternoon of the 11th February, -and he gave her some whisky to drink. She had one shilling and -sixpence, and a can of kitchen-fee. Hare’s wife gave her one shilling -and sixpence for it; she drank it all with them. She then said she had -a daughter. Hare said he was a single man, and would marry her, and -get all the money amongst them. They then proposed to her to stay all -night, which she did, as she was so drunk she could not go home; and in -the morning was vomiting. They then gave her some porter and whisky, -and made her so drunk that she fell asleep on the bed. Hare then -laid hold of her mouth and nose, and prevented her from<span class="pagenum" id="Page_341">[341]</span> breathing. -Burke held her hands and feet till she was dead. She made very little -resistance; and when it was convenient, they carried her to Dr. Knox’s -dissecting-rooms in Surgeons’ Square, and got ten pounds for her. She -had on a drab mantle, a white grounded cotton shawl and small blue -spots on it. Hare took all her clothes and went out with them; said he -was going to put them into the Canal. She said she was a pensioner of -Sir John Hay’s. (Perhaps this should be Sir John Hope.)</p> - -<p>The next was an English man, a native of Cheshire, and a lodger -of Hare’s. They murdered him in the same manner as the other. He -<i>was</i> ill with <i>the</i> jaundice at the same time. He was very -tall; had black hair, brown whiskers mixed with grey hairs. He used to -sell spunks in Edinburgh; was about forty years of age. Did not know -his name. <i>Sold to Dr. Knox for ten pounds.</i></p> - -<p>The next was an old woman who lodged with Hare for one night, but does -not know her name. She was murdered in the same manner as above;—sold -to Dr. Knox for L.10. The old woman was decoyed into the house by Mrs. -Hare in the forenoon, from the street, when Hare was working at the -boats at the canal. She gave her whisky and put her to bed three times. -At last she was so drunk that she fell asleep; and when Hare came home -to his dinner, he put part of the bed-tick on her mouth and nose, and -when he came home at night she was dead. Burke at this time was mending -shoes; and Hare and Burke took the clothes off her, and put her body -into a tea-box. Took her to Knox’s that night.</p> - -<p>The next was Margaret Paterson who was murdered in Burke’s brother’s -house in the Canongate, in the month of April last, by Burke and Hare -in the forenoon. She was put into a tea-box, and carried to Dr. Knox’s -dissecting-rooms in the afternoon of the same day—and got L.8 for<span class="pagenum" id="Page_342">[342]</span> -her body. She had twopence halfpenny, which she held fast in her hand. -Declares that the girl Paterson was only four hours dead till she was -in Knox’s dissecting-room; but she was not dissected at that time; for -she was three months in whisky before she was dissected. She was warm -when Burke cut the hair off her head; and Knox brought a Mr. —— a -painter to look at her, she was so handsome a figure, and well-shaped -in body and limbs. One of the students said she was like a girl he had -seen in the Canongate as one pea is like to another. They desired Burke -to cut off her hair; one of the students gave a pair of scissars for -that purpose.</p> - -<p>In June last, an old woman and a dumb boy, her grandson, from Glasgow, -came to Hare’s, and were both murdered at the dead hour of night when -the woman was in bed. Burke and Hare murdered her the same way as they -did the others. They took off the bed-clothes and tick, stripped off -her clothes, and laid her on the bottom of the bed, and then put on -the bed-tick and bed-clothes on the top of her; and they then came and -took <i>the boy</i> in their arms and carried him ben to the room, and -murdered him in the same manner, and <i>laid</i> him alongside of his -grandmother. They lay for the space of an hour; they then put them into -a herring barrel. The barrel was perfectly dry; there was no brine in -it. They carried them to the stable till next day; they put the barrel -into Hare’s cart, and Hare’s horse was yoked in it; but the horse -would not drag the cart one foot past the Meal Market, and they got -a porter with a hurley and put the barrel on it. Hare and the porter -went to Surgeons’ Square with it. Burke went before them, as he was -afraid something would happen, as the horse would not draw them. When -they came to Dr. Knox’s dissecting-rooms, Burke carried the barrel in -his arms. The students and them had hard<span class="pagenum" id="Page_343">[343]</span> work to get them out, being -so stiff and cold. They received L.16 for them both. Hare was taken in -by the horse he bought that refused drawing the corpse to Surgeons’ -Square, and they shot it in the tan-yard. He had two large holes in his -shoulder stuffed with cotton, and covered over with a piece of another -horse’s skin to prevent them being discovered.</p> - -<p>Joseph, the miller by trade, and a lodger of Hare’s. He had once been -possessed of a good deal of money. He was connected by marriage with -some of the Carron Company. Burke and Hare murdered him by pressing a -pillow on his mouth and nose till he was dead. He was then carried to -Dr. Knox’s in Surgeons’ Square. They got L.10 for him.</p> - -<p>Burke and Helen M‘Dougal were on a visit seeing their friends near -Falkirk. This was at the time a procession was made round a stone in -that neighbourhood; thinks it was the anniversary of the battle of -Bannockburn. When he was away, Hare fell in with a woman drunk in the -street at the West Port. He took her into his house and murdered her -himself, and sold her to Dr. Knox’s assistants for L.8. When Burke went -away he knew Hare was in want of money; his things were all in pawn; -but when he came back, found him have plenty of money. Burke asked him -if he had been doing any business? he said he had been doing nothing. -Burke did not believe him, and went to Dr. Knox, who told him that Hare -had brought a subject. Hare then confessed what he had done.</p> - -<p>A cinder gatherer; <i>Burke</i> thinks her name was Effy. She was in -the habit of selling small pieces of leather to him, <i>as he was a -cobbler</i>, she gathered about the coach-works. He took her into -Hare’s stable, and gave her whisky to drink till she was drunk; she -then lay down among some straw and fell asleep. They then laid a cloth -over her.<span class="pagenum" id="Page_344">[344]</span> Burke and Hare murdered her as they <i>did the</i> others. -She was then carried to Dr. Knox’s, Surgeons’ Square, and sold for L.10.</p> - -<p>Andrew Williamson, a policeman, and his neighbour, were dragging a -drunk woman to the West Port Watchhouse. They found her sitting on a -stair. Burke said, “Let the woman go to her lodgings.” They said they -did not know where she lodged. Burke then said he would take her to -lodgings. They then gave her to his charge. He then took her to Hare’s -house. Burke and Hare murdered her that night the same way as they did -the others. They carried her to Dr. Knox’s, in Surgeons’ Square, and -got L.10.</p> - -<p>Burke being asked, did the policemen know him when they gave him this -drunk woman into his charge? He said he had a good character with the -police; or if they had known that there were four murderers living in -one house they would have visited them oftener.</p> - -<p>James Wilson, commonly <i>called</i> Daft Jamie. Hare’s <i>wife</i> -brought him in from the street into her house. Burke was at the time -getting a dram in Rymer’s shop. He saw her take Jamie off the street, -bare-headed and bare-footed. After she got him into her house, and left -him with Hare, she came to Rymer’s shop for a pennyworth of butter, -and Burke was standing at the counter. She asked him for a dram; and -in drinking it she stamped him on the foot. He knew immediately what -she wanted him for, and he then went after her. When in the house, she -said, you have come too late, for the drink is all done; and Jamie had -the cup in his hand. He had never seen him before to his knowledge. -They then proposed to send for another half mutchkin, which they did, -and urged him to drink; she took a little with them. They then invited -him ben to the little room, and advised<span class="pagenum" id="Page_345">[345]</span> him to sit down upon the bed. -Hare’s wife then went out, and locked the outer door, and put the key -below the door. There were none in the room but themselves three. -Jamie sat down upon the bed. He then lay down upon the bed, and Hare -lay down at his back, his head raised up and resting upon his left -hand. Burke was standing at the foreside of the bed. When they had -lain there for some time, Hare threw his body on the top of Jamie, -pressed his hand on his mouth, and held his nose with the other. Hare -and him fell off the bed and struggled. Burke then held his hands and -feet. They never quitted their grip till he was dead. He never got up -nor cried any. When he was dead, Hare felt his pockets, and took out a -brass snuff-box and a copper snuff-spoon. He gave the spoon to Burke, -and kept the box to himself. Sometime after, he said he threw the box -away in the tan-yard; and the brass-box that was libelled against Burke -in the Sheriff’s office was Burke’s own box. It was after breakfast -Jamie was enticed in, and he was murdered by twelve o’clock in the -day. Burke declares, that Mrs. Hare led poor Jamie in as a dumb lamb -to the slaughter, and as a sheep to the shearers; and he was always -very anxious making inquiries for his mother, and was told she would be -there immediately. He does not think he drank above one glass of whisky -all the time. He was then put into a chest that Hare kept clothes into; -and they carried him to Dr. Knox’s in Surgeons’ Square that afternoon, -and got L.10 for him. Burke gave Daft Jamie’s clothes to his brother’s -children, they were almost naked; and when he untied the bundle they -were like to quarrel about them. The clothes of the other murdered -persons were generally destroyed, to prevent detection.</p> - -<p><span class="pagenum" id="Page_346">[346]</span></p> - -<p>Ann M‘Dougal, a cousin of Helen M‘Dougal’s former husband. She was a -young woman, and married, and had come on a visit to see them. Hare and -Burke gave her whisky till she was drunk, and when in bed and asleep, -Burke told Hare that he would have most to do with her, as she being -a distant friend he did not like to begin first on her. Hare murdered -her by stopping her breath, and Burke assisted him the same way as the -others. One of Dr. Knox’s assistants, <i>Paterson</i>, gave them a fine -trunk to put her into. It was in the afternoon when she was done. It -was in John Broggan’s house; and when Broggan came home from his work -he saw the trunk, and made inquiries about it, as he knew they had no -trunks there. Burke then gave him two or three drams, as there was -always plenty of whisky going at these times, to make him quiet. Hare -and Burke then gave him L.1, 10s. each, as he was back in his rent, to -pay for it, and he left Edinburgh a few days after. They then carried -her to Surgeons’ Square as soon as Broggan went out of the house, and -got L.10 for her. Hare was cautioner for Broggan’s rent, being L.3, and -Hare and Burke gave him that sum. Broggan went off in a few days, and -the rent is not paid yet.<a id="FNanchor_7" href="#Footnote_7" class="fnanchor">[7]</a> They gave him the money that he might not -come against them for the murder of Ann M‘Dougal, that he saw in the -trunk, that was murdered in his house. Hare thought that the rent would -fall upon him, and if he could get Burke to pay the half of it, it -would be so much the better; and proposed this to Burke, and he agreed -to it, as they were glad to get him out of<span class="pagenum" id="Page_347">[347]</span> the way. Broggan’s wife is -a cousin of Burke’s. They thought he went to Glasgow, but are not sure.</p> - -<p>Mrs. Haldane, a stout old woman, who had a daughter transported last -summer from the Calton Jail for fourteen years, and has another -daughter married to ——, in the High Street. She was a lodger of -Hare’s. She went into Hare’s stable, the door was left open, and she -being drunk, and falling asleep among some straw, Hare and Burke -murdered her in the same way as they did the others, and kept the body -all night in the stable, and took her to Dr. Knox’s next day. She had -but one tooth in her mouth, and that was a very large one in front.</p> - -<p>A young woman, a daughter of Mrs. Haldane, of the name of Peggy -Haldane, was drunk, and sleeping in Broggan’s house, was murdered by -Burke, in the forenoon, himself. Hare had no hand in it. She was taken -to Dr. Knox’s in the afternoon in a tea-box, and L.8 got for her. She -was so drunk at the time, that he thinks she was not sensible of her -death, as she made no resistance whatever. She and her mother were both -lodgers of Hare’s, and they were both of idle habits, and much given to -drinking. This was the only murder that Burke committed by himself, but -what Hare was connected with. She was laid with her face downwards, and -he pressed her down, and she was soon suffocated.</p> - -<p>There was a Mrs. Hostler washing in John Broggan’s, and she came back -next day to finish up the clothes, and when done, Hare and Burke gave -her some whisky to drink, which made her drunk. This was in the day -time. She then went to bed. Mrs. Broggan was out at the time. Hare and -Burke murdered her the same way<span class="pagenum" id="Page_348">[348]</span> they did the others, and put her in -a box, and set her in the coal-house in the passage, and carried her -off to Dr. Knox’s in the afternoon of the same day, and got L.8 for -her. Broggan’s wife was out of the house at the time the murder was -committed. Mrs. Hostler had ninepence halfpenny in her hand, which -they could scarcely get out of it after she was dead, so firmly was it -grasped.</p> - -<p>The woman Campbell or Docherty was murdered on the 31st October last, -and she was the last one. Burke declares, that Hare perjured himself on -his trial, when giving his evidence against him, as the woman Campbell -or Docherty lay down among some straw at the bed-side, and Hare laid -hold of her mouth and nose, and pressed her throat, and Burke assisted -him in it, till she was dead. Hare was not sitting on a chair at the -time, as he said in the Court. There were seven shillings in the -woman’s pocket, which were divided between Hare and Burke.</p> - -<p>That was the whole of them, sixteen in whole; nine were murdered in -Hare’s house, and four in John Broggan’s; two in Hare’s stable, and -one in Burke’s brother’s house in the Canongate. Burke declares, that -five of them were murdered in Hare’s room that has the iron bolt in the -inside of it. Burke did not know the days nor the months the different -murders were committed, nor all their names. They were generally in -a state of intoxication at those times, and paid little attention -to them; but they were all from the 12th February till 1st November -1828; but he thinks Dr. Knox will know by the dates of paying him the -money for them. He never was concerned with any other person but Hare -in those matters, and was never a resurrection man, and never dealt -in dead bodies but what he murdered. He<span class="pagenum" id="Page_349">[349]</span> was urged by Hare’s wife to -murder Helen M‘Dougal, the woman he lived with. The plan was, that he -was to go to the country for a few weeks, and then write to Hare that -she had died and was buried, and he was to tell this to deceive the -neighbours; but he would not agree to it. The reason was, they could -not trust to her, as she was a Scotch woman. Helen M‘Dougal and Hare’s -wife were not present when those murders were committed; they might -have a suspicion of what was doing, but did not see them done. Hare was -always the most anxious about them, and could sleep well at night after -committing a murder; but Burke repented often of the crime, and could -not sleep without a bottle of whisky by his bed-side and a twopenny -candle to burn all night beside him; when he awoke he would take a -draught of the bottle—sometimes half a bottle at a draught—and that -would make him sleep. They had a great many pointed out for murder, but -were disappointed of them by some means or other; they were always in -a drunken state when they committed those murders, and when they got -the money for them while it lasted. When done, they would pawn their -clothes and would take them out as soon as they got a subject. When -they first began this murdering system, they always took them to Knox’s -after dark; but being so successful, they went in the day-time, and -grew more bold. When they carried the girl Paterson to Knox’s, there -were a great many boys in the High School Yards, who followed Burke -and the man that carried her, crying, “They are carrying a corpse;” -but they got her safe delivered. They often said to one another that -no person could find them out, no one being present at the murders but -themselves two; and that they might be<span class="pagenum" id="Page_350">[350]</span> as well hanged for a sheep as -a lamb. They made it their business to look out for persons to decoy -into their houses to murder them. Burke declares, when they kept the -mouth and nose shut a very few minutes, they could make no resistance, -but would convulse and make a rumbling noise in their bellies for some -time; after they ceased crying and making resistance, they left them to -die of themselves; but their bodies would often move afterwards, and -for some time they would have long breathings before life went away. -Burke declares, that it was God’s providence that put a stop to their -murdering career, or he does not know how far they might have gone with -it, even to attack people on the streets, as they were so successful, -and always met with a ready market; that when they delivered a body -they were always told to get more. Hare was always with him when he -went with a subject, and also when he got the money. Burke declares, -that Hare and him had a plan made up, that Burke and a man were to go -to Glasgow or Ireland, and try the same there, and to forward them to -Hare, and he was to give them to Dr. Knox. Hare’s wife always got L.1 -of Burke’s share, for the use of the house, of all that were murdered -in their house; for if the price received was L.10, Hare got L.6 and -Burke got only L.4; but Burke did not give her the L.1 for Daft Jamie, -for which Hare’s wife would not speak to him for three weeks. They -could get nothing done during the harvest-time, and also after harvest, -as Hare’s house was so full of lodgers. In Hare’s house were eight beds -for lodgers; they paid 3d. each; and two, and sometimes three, slept -in a bed; and during harvest they gave up their own bed when throng. -Burke declares they went under the name of resurrection-men<span class="pagenum" id="Page_351">[351]</span> in the -West Port, where they lived, but not murderers. When they wanted money, -they would say they would go and look for a shot; that was the name -they gave them when they wanted to murder any person. They entered into -a contract with Dr. Knox and his assistants that they were to get L.10 -in winter and L.8 in summer for as many subjects as they could bring to -them.</p> - -<p>Old Donald, a pensioner, who lodged in Hare’s house, and died of a -dropsy, was the first subject they sold. After he was put into the -coffin and the lid put on, Hare unscrewed the nails, and Burke lifted -the body out. Hare filled the coffin with bark from the tan-yard, and -put a sheet over the bark, and it was buried in the West Church Yard. -The coffin was furnished by the parish. Hare and Burke took him to the -College first; they saw a man there, and asked for Dr. Monro or any of -his men; the man asked what they wanted, or had they a subject; they -said they had. He then ordered them to call at No. 10, Dr. Knox’s, in -Surgeons’ Square, and he would take it from them, which they did. They -got L.7, 10s. for him. That was the only subject they sold that they -did not murder, and getting that high price made them try the murdering -for subjects.</p> - -<p>Burke is thirty-six years of age, was born in the parish of Orrey, -county Tyrone; served seven years in the army, most of that time as an -officer’s servant in the Donegal militia; he was married at Ballinha, -in the county of Mayo, when in the army, but left his wife and two -children in Ireland. She would not come to Scotland with him. He has -often wrote to her, but got no answer; he came to Scotland to work at -the Union Canal, and wrought there while it lasted; he resided for<span class="pagenum" id="Page_352">[352]</span> -about two years in Peebles, and worked as a labourer. He worked as a -weaver for 18 months, and as a baker for five months; he learned to -mend shoes, as a cobbler, with a man he lodged with in Leith; and he -has lived with Helen M‘Dougal about 10 years, until he and she were -confined in the Calton Jail, on the charge of murdering the woman of -the name of Docherty, or Campbell, and both were tried before the High -Court of Justiciary in December last. Helen M‘Dougal’s charge was not -proven, and Burke found guilty, and sentenced to suffer death on the -28th January.</p> - -<p>Declares, that Hare’s servant girl could give information respecting -the murders done in Hare’s house, if she likes. She came to him at -Whitsunday last, went to harvest, and returned back to him when the -harvest was over. She remained until he was confined along with his -wife in the Calton Jail. She then sold twenty-one of his swine for L.3, -and absconded. She was gathering potatoes in a field that day Daft -Jamie was murdered; she saw his clothes in the house when she came home -at night. Her name is Elizabeth M‘Guier or Mair. Their wives saw that -people came into their houses at night, and went to bed as lodgers, but -did not see them in the morning, nor did they make any inquiries after -them. They certainly knew what became of them, although Burke and Hare -pretended to the contrary. Hare’s wife often helped Burke and Hare to -pack the murdered bodies into the boxes. Helen M‘Dougal never did nor -saw them done. Burke never durst let her know; he used to smuggle and -drink, and get better victuals unknown to her; he told her he bought -dead bodies and sold them to doctors, and that was the way they got the -name of resurrection-men.</p> - - <div class="figcenter" id="i_b_352fp"> - <img - class="p2" - src="images/i_b_352fp.jpg" - alt="" /> - <p class="center">FAC-SIMILE OF BURKE’S HAND-WRITING.</p> - </div> - -<p><span class="pagenum" id="Page_353">[353]</span></p> - -<p>Enough has been said of the two principal actors in the horrid -proceedings. The memory of Burke may be left to that infamy which his -unparalleled atrocities merits, when his deeds are recollected, and -Hare may be allowed to seek some corner of the world where he may skulk -unknown until his miserable existence be terminated. It remains for -us only to notice briefly the two subordinate agents who, by their -connection with the principal culprits, and participation in their -crimes, have gained such an unenviable degree of notoriety. Of these, -the first is</p> - - -<h2 class="nobreak normal">HELEN M‘DOUGAL.</h2> - - -<p>She is a native of the small village of Maddiston, in the parish of -Muiravonside, and county of Stirling, where she resided in her early -life. Her maiden name was Dougal. Her character does not appear to -have been good at any time, and her conduct speedily dissipated any -doubts that might have existed upon the subject. At an early period of -her life she formed an unlawful connection with a man who resided in -the same village, to whom she bore a child during the lifetime of his -wife. After her death, their intercourse continued; and after a short -interval, they cohabited publicly together, she bearing his name of -M‘Dougal, and passing for his wife. At this period they came to reside -in Leith, where M‘Dougal followed his occupation of a sawer, until he -took the typhus fever at the time that that disease first raged so -fearfully in Edinburgh. He became a patient in the hospital opened in -Queensberry-house, where he died. His partner, upon his decease, again -returned to her native village, and father’s house. Shortly after her -return she met with Burke, who was a labourer on the Canal, when their -adulterous intercourse commenced, and in about a year from<span class="pagenum" id="Page_354">[354]</span> their first -acquaintance, they agreed to live together as man and wife. From that -time up to his apprehension, she followed his fortunes, and adhered to -him in all his wanderings.</p> - -<p>Wherever they resided, her character seems to have been the same. In -Edinburgh, Leith, Peebles, and Pennycuik, she was distinguished for her -drunken dissolute habits, and was universally disliked, and considered -unworthy even of Burke. Notwithstanding their many quarrels, in which -she was frequently the aggressor, she seems to have cherished an ardent -effection towards him, and at the termination of his career, to have -felt sincerely upon the subject of his unhappy fate. Her own condition, -indeed, is not less pitiable, although a Jury has been found who could -return a verdict of “not proven” that she was a participator in the -murder for which he has suffered death, notwithstanding her being -present and aiding him in the stratagems which preceded, and the sale -of the murdered body, she is guilty in the eyes of God and man, and -is doomed to wander on the face of the earth an outcast from human -charities, and an opprobrium to human nature. It would almost have -been charity to have convicted her along with Burke. Her wretched life -is precariously preserved under miseries more horrible than hanging -would have been. It was predicted upon her enlargement, that she would -realize the fable of the wandering jew, and it seems to have been -hitherto fulfilled to the letter. Hunted about from place to place, -without being able to find a temporary refuge from her tormentors, she -has discovered no person who would maintain social intercourse with -her; but, on the contrary, her detection was certainly followed by -every species of ill usage and annoyance. We have already adverted to -the reception she met with upon her visiting her old haunts in the West -Port, and it has only been a sample of what awaited her whenever she -went. The next place that she essayed was her father’s residence in the -village of Redding<span class="pagenum" id="Page_355">[355]</span> in Stirlingshire; here she experienced a similar -reception, and was obliged to save herself by a precipitate retreat. -She has since made various attempts to discover a resting place with a -like effect. She has hitherto been recognised wherever she went, and -the summary vengeance of the mob exercised upon her. By the latest -accounts we find that she has appeared at Newcastle, where again she -has been rescued from an infuriated populace by the police officers, -who afforded her temporary protection and shelter in the prison. Their -sympathy, however, does not appear to extend beyond this, and she was -as speedily as convenient escorted by constables to the “blue stone,” -the boundary of the counties of Northumberland and Durham, and there -transferred to the safe conduct of the functionaries of the latter -county, for what purpose further than to get rid of the “accursed -thing” does not appear.</p> - - -<h2 class="nobreak normal">MARGARET LAIRD OR HARE.</h2> - - -<p>This other virago seems to have been accounted if possible still more -depraved than M‘Dougal, and to have possessed all the essentials -of that disgusting character, a brutal and abandoned woman. She is -a native of Ireland and accompanied her first husband Log to this -country. Log bore the character of a decent hard-working man, while -she was chiefly remarkable for her masculine and bold habits. Log was -a sort of undertaker on the Union Canal, engaging with the contractor -to cut small pieces upon the line, and for some time worked at it with -a detachment of his countrymen in the neighbourhood of Winchburgh, -where his wife worked along with them in the capacity of a labourer, -with a man’s coat on, wheeling a barrowfull of rubbish as stoutly as -any of her fellow-workmen. At that time they inhabited a temporary hut -on the banks of the canal, and whatever her conduct afterwards<span class="pagenum" id="Page_356">[356]</span> proved -she then exhibited no want of industry. At the conclusion of the work -Log settled in Edinburgh and still industriously pursued his course, -selling articles about the street and keeping a lodging-house for -vagrants. Upon his death this property devolved upon his widow, and she -conducted the establishment. She cohabited with one of the lodgers who -is described to have been a young and well-looking man, but he quickly -broke up their intercourse and left her, when her connection with Hare -commenced.</p> - - <div class="figcenter" id="i_b_355fp"> - <img - class="p2" - src="images/i_b_355fp.jpg" - alt="" /> - <p class="center">MARGARET LAIRD or HARE.</p> - <p class="center">as she appeared in the witness-box,<br /> - taken in Court.</p> - <p class="center sm"><i>Published by Thomas Ireland Jun<sup>r</sup>. Edinburgh.</i></p> - </div> - -<p>In an eastern tale, we read of a woman forsaking her husband’s society -to keep company with a “<i>goule</i>,” with whom she feasted in a -burying-ground upon dead bodies. Mrs. Hare appears to have had similar -propensities. Her brutal husband, in savageness of disposition, as -well as appearance, furnishes an apt illustration of the <i>goule</i>; -while the horrible means of livelihood he adopted, is not a bad -prototype of the revolting banquet of the Oriental monsters. Her -whole conduct now became utterly debauched; she was continually in -a state of intoxication, and presented at all times the slatternly -ferocious aspect of a confirmed and regardless drunkard. Hare and she -are surmised to have used foul means in disposing of a child to which -she gave birth about the commencement of their intercourse; perhaps -her subsequent bad odour may have contributed to this opinion. It is -certain, however, that the child, if not murdered, perished through -want of proper care and attention. The body was put into a box, and -buried in the waste ground at the bottom of Tanner’s close. It is -surprising that the wretched infant who still survives all the hard -usage it has experienced, did not fall a victim in the same way. Her -slovenly and careless conduct extended even to this youngest of her -offspring, and she is described as carrying it about more like a cat -or a dog than an infant. Even after her connection with Hare,<span class="pagenum" id="Page_357">[357]</span> she -usually went by her former name of Log, to which was appended the -familiar title of “<i>Lucky</i>,” and the nature of her affinity to -Hare was better indicated by their indulging in the connubial luxuries -of scolding and fighting, than by any manifestations of affection or -regard.</p> - -<p>During her confinement in the jail, she kept herself generally retired, -remaining principally in the day-room of the ward tending her sick -baby, and conducted herself in a peaceable manner.</p> - -<p>She was recognised by the populace almost immediately upon her release, -and a crowd speedily collected round her. It was a wet, snowy day, and -she was unmercifully pelted with snow-balls, mud, and stones, and had -some commiseration not been felt for the child which she carried, she -would in all probability have fallen a victim to the violence of the -mob. She was rescued by the police, and conveyed to the Police-office, -where she found shelter and protection. In a few days, she wandered -away to Glasgow, where the following account, abridged from the Glasgow -Chronicle, will show that her treatment was no better:—</p> - -<p>The celebrated Mrs. Hare was this afternoon rescued from the hands -of an infuriated populace by the Calton Police, and, for protection, -confined in one of the cells. She had left Edinburgh Gaol a fortnight -ago, with an infant child, and has since been wandering about the -country. She stated that she had lodged in this neighbourhood four -nights, with her child, and “her bit duds,” without those with whom -she lodged knowing who she was, and she was in hopes of quitting -this vicinity without detection. For this purpose she remained in -her lodging all day, but occasionally, early in the morning, or at -twilight, she ventured the length of the Broomielaw, in hopes of being -able to procure an immediate passage to Ireland, but had hitherto been -disappointed. She had gone<span class="pagenum" id="Page_358">[358]</span> out this morning with the same object, -and when returning, a woman who, she says, was drunk, recognised her -in Clyde Street, and repeatedly shouted—“Hare’s wife—Burke her!” -and threw a large stone at her. A crowd soon gathered, who heaped -every indignity upon her, and with her child she was pursued into -Calton, where she was experiencing very rough treatment, when she -was rescued by the police. She says she wrought sixteen years ago in -Tureen Street powerloom factory, till she was married to her first -husband. About three years ago she unfortunately fell in with Hare, and -then her misery commenced. She married him, and has since had three -children—one of whom is dead, and another is left behind in Edinburgh. -She describes Hare as devoted to the “devil and laziness.” She admitted -it was needless to deny she knew “something” of the murders, and had a -suspicion of what was going on, but not to the full extent.</p> - -<p>Hare was often drunk—their house was a complete hell of iniquity, -and she was often on the point of exposing his hidden conduct—but -was afraid to do so. She left his house three times on account of his -brutal usage. She says she would much rather be killed outright than -suffer what she has done. She did not require to beg, having had a -little money, but she had now scarcely as much as would pay her passage -to Ireland.</p> - -<p>She was quite ignorant of what had become of her husband since she -left Edinburgh. She asked if he had been subsequently tried, and -expressed the utmost indifference respecting his fate. She said she was -determined never more to associate with him, or have any thing to do -with him.</p> - -<p>It was truly melancholy to see her stretched on the guardbed of -the cell, in tears, with her infant, eleven months old, clasped to -her breast; and, as “the mother of eleven children,” imploring the -protection of the police, and that they would not make “a show of -her.” She occasionally burst<span class="pagenum" id="Page_359">[359]</span> into tears while deploring her unhappy -situation, which she ascribed to Hare’s utter profligacy, and said, -all she wished was to get across the Channel, and end her days in some -remote spot in her own country, in retirement and penitence. She has -since left Greenock in the Fingal, Belfast steam packet.</p> - -<hr class="tb" /> - -<p>The public, in various country towns and villages seem to be absurdly -lawless in their conduct towards any unfortunate individuals in whom -they choose to recognise a resemblance to the miserable outcasts. -Several unfortunate individuals have been subjected to rough treatment -in consequence of some fancied likeness to the murderers, and all -efforts to undeceive their tormentors rendered unavailing by their -determination to execute summary justice upon some one, and their -disinclination to allow the victim to escape out of their hands. This -inordinate desire of working vengeance has sometimes been exhibited -when it was scarcely possible to suppose that the populace could be so -senseless as believe that the veritable culprit was in their hands.</p> - -<p>While it was perfectly well known that Hare was detained in close -confinement, possessing the usual complement of members, a poor -itinerant flute blower, who contrives to manage his instrument with -one hand and a stump substituted for the other, was assaulted in -consequence of some idle reports that he was Hare, and it was with -some difficulty that he was rescued. Another unlucky wight was also -mistaken for Hare at Kirkliston a few days back, and maltreated in such -a manner that he is now a patient in the Royal Infirmary. Although he -is directly dissimilar to him in appearance, being a tall dark Scot, -and speaking his mother tongue with<span class="pagenum" id="Page_360">[360]</span> a true lowland accent, and we -might add many like instances. Even some rural dignitaries have taken -occasion to adopt summary measures, towards those whose condition -allowed them some pretence to display the vigour of the law. In a -West Country Burgh, the following narrative is given of a search for -M‘Dougal;—“The principal rendezvous of ‘randy gangrel bodies’ was -searched; the whole thirty-six beds were overhauled, but she was -nowhere to be found; the search however warranted the suspicion that -some of the Cadgers who frequented the house had no lawful trade by -which their earnings could equal their expenditure,—marked attention -was drawn to Pig Jock, as it was evident all the rags he took to -Edinburgh, and all the crockery he brought in return, even though -stolen, was not sufficient to pay his weekly bill; and it being -surmised that the keeper of the house was not ignorant of the ways of -his guests, he and Jock have been banished forth of the town.”</p> - -<p>There seems really very little <i>legal</i> evidence against poor -Jock, while the landlord’s being made accountable “for the ways of his -guests” is a stretch of despotism scarcely allowable in a very small -township.</p> - -<p>Indeed the whole island appears to be “frightened from its propriety,” -and each town vies with another in adding its quota of alarm. The Burke -mania seems destined to exercise as great an influence on the minds of -the poorer classes especially, as almost any other mania on record. -Nearly every city or hamlet throughout the empire has had its tales -of direful attempts at assassination, with their usual accompaniments -of waylaying and pitch plaisters applied to the unfortunate victims, -while the records of the police courts of the metropolis and other -large cities furnish ample testimony of the extent to which the black -catalogue of crimes has excited the fears of the people. From all -accounts,<span class="pagenum" id="Page_361">[361]</span> we cannot doubt that some wicked and heartless individuals -have been keeping alive the excitation by their foolish tricks, but we -forbear giving extension to the evil by detailing any of them.</p> - -<p>On the afternoon of Thursday the 12th of February, occurred what will -probably prove the last ebullition of popular feeling on this subject -in Edinburgh. It commenced with the dressing on the Calton Hill of -an effigy intended to represent a celebrated anatomist. After this -ceremony was concluded, the figure was paraded through the principal -streets, borne aloft on men’s shoulders, with a placard on the back. A -countless host of men, women, and children, accompanied the procession -to Dr. Knox’s house in Newington, where the effigy was <i>Burked</i> -and torn to pieces, and the windows of the house broken. The mob then -attempted to do the same at Surgeons’ Square, but were prevented by the -police, and dispersed, after traversing several streets, and breaking a -number of panes in the College windows, &c.</p> - -<p>A gentleman who rode up to Dr. Knox’s house, with the view of -undergoing a surgical operation, was mistaken for him, and had nearly -suffered from the violence of the crowd.</p> - -<p>We have already exceeded the limits that we had prescribed, and -still have not been able to touch upon the important subject of the -best means for supplying the anatomical theatres with bodies for -dissection, and we cannot now enter upon it. It is admitted by all -enlightened people, that subjects must and will be procured, and that -severe legislative enactments only tend to increase the difficulty, -and enhance the price. The recent proceedings present a fearful -illustration of this opinion; but out of evil, if properly considered, -good may be extracted; and these transactions<span class="pagenum" id="Page_362">[362]</span> will, indeed, have -failed in their effect, should some plan not be devised which, while it -saves the feelings of relatives from outrage, may prevent a recurrence -of such frightful scenes.</p> - - -<p class="center p4 xs">FINIS.</p> - - -<p class="center p6 xs">EDINBURGH: PRINTED BY A. BALFOUR AND CO. HIGH STREET.</p> - -<div class="blockquot p4"> - -<p class="hangingindent"><i>The following correspondence has taken place between the -publisher and Mr. Johnson, law agent for Mr. Swanston, who -conceives himself aggrieved by a passage in Janet Brown’s -statement, contained in No. 6. As the best way of giving Mr. -S.’s justification, we print the letters entire.</i></p> -</div> - -<div class="blockquot"> - -<p class="r2"><i>Edinburgh, 7th February, 1829. 4, Grove Street.</i></p> - -<p><span class="smcap">Sir.</span>—Mr. William Swanston spirit-dealer in the -Canongate, feels himself much aggrieved by the unwarrantable -falsehood under which he is represented in the sixth number, -page 126, in the account which you choose to publish of the West -Port Murders.</p> - -<p>Mr. Swanston knowing the statement to be entirely false, must -necessarily think, that in associating his name in such a manner -with the late wretched Burke, and singling him out individually -in this way, must have been done with a malicious intention of -doing an injury, not only to his character, but to his trade. -You must have been aware when you published this account, that -every person in Edinburgh would have shuddered at the very -thoughts of having, however innocently, exchanged words with -Burke in his life time; but what must have been your feeling -when you have represented Mr. Swanston as his companion at -five o’clock in the morning, and given it again to the public -as truth. You were bound as a publisher, in justice to every -individual, to have inquired into the truth or falsehood of the -statement, and to have asked permission to publish it, supposing -the statement to have been correct: because, whether true or -false, must have been a great annoyance to any person possessed -of any degree of moral feeling.</p> - -<p>Mr. Swanston has therefore instructed me to institute an action -of damages against you, for reparation for the injury which he -must sustain in his own feelings and in his business, as well as -in the eye of the public, who must have an inveterate grudge at -him, and consequently must shun him in all civil intercourse, -resulting from such false, injurious, malicious and calumnious -statement, represented by you as an “authentic and faithful -history” published by you for your <i>lucre</i>.—I am, Sir, -your most obedient servant,</p> - -<p class="r2">(Signed) <span style="margin-left:3em"> JOHN JOHNSON.</span></p> - -<p class="left4">Mr. <span class="smcap">Thomas Ireland</span>,</p> - -<p class="p0 p-left">Bookseller and Publisher, 57, South Bridge Street.</p> -</div> - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="r2"><i>Edinburgh, 10th February, 1829.</i></p> - -<p><span class="smcap">Sir</span>,—In consequence of your having taken no notice of -my letter to you of the 7th instant, on the subject of your late -libellous publication on Mr. Swanston, I presume you mean to -justify the fact. I have therefore to intimate to you that the -case will be forthwith put into a shape of a summons of damages -against you.—I am, Sir, your most obedient servant.</p> - -<p class="r2">(Signed) <span style="margin-left:3em"> JOHN JOHNSON.</span></p> - -<p class="left4">Mr. <span class="smcap">Thomas Ireland</span>, Jun.</p> - -<p class="p0 p-left">Publisher and Bookseller, 57, South Bridge Street.</p> -</div> - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="r2"><i>Edinburgh, 57, South Bridge Street.</i></p> - -<p class="r4 p0"><i>February 11, 1829.</i></p> - -<p><span class="smcap">Sir</span>,—I have to apologise to you for not answering -sooner your letter of the 7th current, complaining of the -notice taken of Mr. Swanston in the Trial of Burke at present -publishing by me.</p> - -<p>In answer to it, and your second of yesterday, I have to state, -that I am very sorry that Mr. Swanston should feel at all -injured by what has been said of him, and though my information -as to what is stated of him was from the best authority,<a id="FNanchor_8" href="#Footnote_8" class="fnanchor">[8]</a> -still I would not wish in the smallest degree, even by -implication, to injure his feelings or his character, and I -shall be ready to insert in the shape of a note, in the number -about to be published, any statement you and he may wish to -make, such statement not to be inconsistent with what is due to -myself in such a matter.</p> - -<p>Your threat of damages is too fanciful to require from me any -serious answer. I am, Sir, your very obedient servant.</p> - -<p class="r2">(Signed) <span style="margin-left:3em">THOMAS IRELAND, <span class="smcap">Jun.</span></span></p> - -<p class="p-left">To <span class="smcap">John Johnson</span>, Esq.</p> - -<p class="p-left">4, Grove Street, Edinburgh.</p> -</div> - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="r2"><i>Edinburgh, 11th Feb. 1829.</i></p> - -<p><span class="smcap">Sir</span>,—I am favored with your letter of this date, in -answer to my letters of the 7th and 10th inst. And in answer to -it I have to inform you that the summons of damages to which -I formerly alluded is now in the press with the intention -of being served upon you to-morrow. I shall, however, this -moment send for Mr. Swanston and shew him your letter; but I -conceive that although it is very proper to put a note in any -new edition which you may throw off to the purport you mention, -still it will not be a whitewasher of the injury which the -previous publication has already done. With regard to the action -of damages, I can assure you that the notion of it did not -originate with himself, but with his acquaintances who first -read the publication, and pointed out the injurious tendency of -it last Saturday, when I first wrote you on the subject. He felt -the effects of it before this, but he did not know a reason then -to which he could attribute a <a id="FNanchor_9" href="#Footnote_9" class="fnanchor">[9]</a>. I am, Sir, your most -obedient servant,</p> - -<p class="r2">(Signed) <span style="margin-left:3em"> JOHN JOHNSON.</span></p> - -<p class="left4">Mr. <span class="smcap">Thomas Ireland</span>, Jun.</p> - -<p class="p0 p-left">Bookseller and Publisher, 57, South Bridge, Edinburgh.</p> -</div> - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="r2"><i>Edinburgh, 12th Feb. 1829.</i></p> - -<p><span class="smcap">Sir</span>,—With reference to my letter to you last night, -I have now to inform you that I have since seen Mr. Swanston, -to whom I read your letter of the 11th inst., and he desires me -to say, that as you propose no definite pallinode of the injury -which he has sustained, of which you seem to think lightly, he -has no farther observation to make, because, were he to make -any specific proposition, it would be inconsistent with the -view which you take of the matter, and therefore it is quite -clear that the parties could not meet each other to the mutual -satisfaction. I am, Sir, your most obedient servant,</p> - -<p class="r2">(Signed) <span style="margin-left:3em"> JOHN JOHNSON.</span></p> - -<p class="left4"><span class="smcap">Thomas Ireland</span>, Jun. Esq.</p> - -<p class="p0 p-left">Bookseller, 57, South Bridge, Edinburgh.</p> -</div> - - -<hr class="tb" /> - -<div class="blockquot"> - -<p class="r2"><i>Edinburgh, 13th Feb. 1829.</i></p> - -<p><span class="smcap">Sir</span>,—I think it very unnecessary to return any -particular reply to your two last letters.</p> - -<p>Since you will not condescend to say what would satisfy Mr. -Swanston, I shall publish in the forthcoming number of the work, -your first letter of the 7th, and my answer of the 11th.</p> - -<p>If you wish any thing further inserted, you can let me know in -the course of to-morrow forenoon. I am, Sir, your very obedient -servant,</p> - -<p class="r2">(Signed) <span style="margin-left:3em"> THOMAS IRELAND, Jun.</span></p> - -<p class="p-left">To <span class="smcap">John Johnson</span>, Esq.</p> - -<p class="p0 p-left">4, Grove Street, Edinburgh.</p> -</div> - - -<h2 class="normal">FOOTNOTES:</h2> - - -<div class="footnote"> - -<p><a id="Footnote_1" href="#FNanchor_1" class="label">[1]</a> The following narration has been taken down from the lips -of the officer who apprehended Burke and his accomplices:—</p> - -<p>“On Friday, the 31st of October, a little elderly woman was seen -begging about the West Port: she entered the shop of Mr. Rymer, -adjacent to Burke’s house, for this purpose, when Burke was there -purchasing whisky. He seems to have immediately fixed upon her as -a fit subject for his atrocious purposes, and endeavoured to decoy -her into his power. He asked her name, and what part of Ireland she -came from; and upon receiving her answers, replied that he was from -the same place, and that she must be a relation of his mother, whose -name was Docherty. He then promised to give her breakfast, and they -left the shop together, and were seen to enter Burke’s house. She was -afterwards seen in the house at different times during the day; and two -lodgers, Gray and his wife, were sent to Hare’s house to make room for -her, under the pretence that she was a friend from Ireland. They were -afterwards seen making merry, drinking and dancing in company with Hare -and his wife, first in the house of Ann Connaway, and afterwards in -Burke’s. During the night, a great noise of quarrelling and cries of -murder were heard in Burke’s house; but the neighbours, knowing that -two men and three women were in the house, and having frequently heard -similar uproars, did not think much of it, nor interfere. One of them, -however, had the curiosity to look through the key-hole, when he saw -M‘Dougal holding a bottle to the mouth of Campbell, swearing at her for -not drinking, and pouring the whisky into her mouth. Then all was quiet -for a little. Shortly after, the noise again commenced, which was again -succeeded by silence. At this time, that is, between 11 and 12 o’clock, -it is presumed the horrid deed was perpetrated.</p> - -<p>“In the morning, M‘Dougal, who passed for Burke’s wife, accounted for -the absence of Campbell, or ‘the little old woman’ as they called her, -as well as for the noise, by saying that she had, during the night, -made too free with her husband, Burke, and that she had kicked her out -of the house: and this seems to have allayed any suspicions. In the -morning, the lodgers Gray and his wife returned to Burke’s; but upon -Mrs. Gray attempting to search about the bed, and the straw under it -for some articles she had left, she was ordered by Burke with an oath, -‘to keep out from them.’ Burke afterwards left the house, desiring -Broggan a carter who was there to sit on a chair close to the straw -until he returned. Broggan, however, followed him in a short time, and -MacDougal who appeared to be in liquor, started up from the bed asking -for her husband, and afterwards quitted the house, leaving Gray and his -wife sitting in it. Mrs. Gray then commenced searching for her child’s -stockings and cleaning the house, and from the suspicions which had -been excited by Burke’s conduct, she examined the straw and found the -murdered body, which her husband pulled out, and which they immediately -recognised to be that of Campbell. On going up the stair, they were met -by M‘Dougal, whom Gray informed of the body being found. She affected -to pass it off as if the woman had died in consequence of a drunken -frolic, and attempted to bribe them into silence by offering them -the ominous sum of <i>ten pounds</i>. She invited Gray and his wife -to take a dram in a neighbouring public-house, where she, along with -Hare’s wife, hurriedly left them, and upon their return to the house, -in two or three minutes, they called the people next door to come in, -as they wished to show them something; but upon examination the body -was gone. They immediately lodged information at the police office, and -a party of policemen were sent, but notwithstanding the most diligent -search that could be made, the body could not be found, nor the parties -implicated. At this time a servant girl who lived near informed them -that she had seen Burke and his wife, Hare and his wife, and the porter -M‘Culloch, going up the stair, the porter carrying a tea-box with the -top stuffed with straw; and that she laid her hand upon it and found -it soft. Upon the return of the policemen, sometime afterwards, Burke -came in, it is supposed to get some things previous to escaping. He -was pointed out by Gray, and immediately seized. He seemed to wish to -laugh it off, under the pretence that it was the lodgers who wished to -do him an ill turn, saying that he defied all Scotland to charge him -with any thing wrong, Mrs. Burke then came in, crying that she heard -the police were after her husband about the old woman, but that it was -all a drunken spree, and used a great many capers and dry laughs. She -was also immediately taken into custody, and both were conveyed to the -police office.</p> - -<p>“There was still no tidings of the body, when it was suggested that -the dissecting-rooms should be searched; and Lieutenant Paterson and -Serjeant-major Fisher went on Sunday morning for that purpose. They -were informed by Paterson, Dr. Knox’s man, that they had only received -one body, which was shown them, but from their not having seen Campbell -they could not identify it. Gray and his wife were sent for, who soon -recognised it, and after procuring a warrant it was conveyed to the -police office.</p> - -<p>“Early on Sabbath morning instructions were received to apprehend Hare -and his wife, and a party proceeded to his house about eight o’clock, -and were informed that they were both in the house and in bed. Upon -informing them that Captain Stewart wished to speak with them upon -the subject of the body that had been found in Burke’s, Mrs. Hare, -laughing, said, that the Captain and the police had surely very little -to do now to look after a drunken spree like this, repeatedly jeering -and laughing. Hare then said to her that he was at Burke’s and had a -dram or two, and likely they might be attaching some blame to them, but -he did not care for Captain Stewart, and they had better rise and see -what he had to say.—They were both conveyed to the police office, and -immediately lodged in separate cells.”</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_2" href="#FNanchor_2" class="label">[2]</a> Several benevolent individuals have interested themselves -in the behalf of Gray and his wife, and as it may be gratifying to the -hearts of many to relieve the virtuous in distress, the publisher of -this will most cheerfully receive subscriptions for Gray’s behoof; and -the public are earnestly intreated to mark their sense of this poor -man’s upright and correct conduct when surrounded with tempters and -temptations to which a less manly and honest nature might have yielded!</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_3" href="#FNanchor_3" class="label">[3]</a> As every thing relating to the ruffian Burke, may be -interesting at present, we add the following particulars about him, -during his residence in the parish of Peebles.</p> - -<p>He, and Helen M‘Dougal, resided in that burgh in the years 1825 and -1826, and part of 1827.</p> - -<p>I find, says our correspondent, that he is a native of Armagh, in the -north of Ireland, that he was a Roman Catholic, was a labourer, and -employed in working on the roads and in cutting drains.</p> - -<p>He made considerable pretensions to religion, as I recollect on my -first visit to his house he had one or two religious books lying near -him, which, he said, he read, being at that time confined by a sore -leg. He seemed a man of quiet manners, and, on my questioning him -about his country and profession, there appeared a mystery about him. -Since he has gained a guilty notoriety, I have made inquiries among -his neighbours about his character, and, I am informed, that he was an -inoffensive man, but that he kept suspicious hours. On the Saturday -night and Sabbath days, his house was the scene of riot and drunkenness -with the lowest of his countrymen.</p> - -<p>When he left this place, he owed the woman from whom he rented his -room, between forty and fifty shillings. He was then going to the -harvest, and promised to return and pay the rent, which he never did. -On application being made to him afterwards, in Edinburgh, for payment, -he sent word to the woman to meet him at the head of Eddlestone water, -a wild and desolate part of the road leading from this place to -Edinburgh. The meeting was to be at ten o’clock at night, when he would -pay her. Recent disclosures have fully proved for what purpose such a -meeting was to take place.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_4" href="#FNanchor_4" class="label">[4]</a> This is a mistake, it was the body of a man, as will be -seen in the previous memoir.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_5" href="#FNanchor_5" class="label">[5]</a> This also is a mistake, it was Hare who committed the -murder alone, when Burke was in the country.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_6" href="#FNanchor_6" class="label">[6]</a> Mr. M‘D. does not appear to have seen our copperplate -engraving, which is allowed to be an excellent likeness.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_7" href="#FNanchor_7" class="label">[7]</a> Here, in justice to the proprietor of Broggan’s house, we -may correct the mistake committed in page 200. That gentleman never -received the rent, and never applied for it. It is needless to state, -that the inadvertent error conveyed no imputation on him.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_8" href="#FNanchor_8" class="label">[8]</a> The statement regarding Mr. Swanston, was given by Janet -Brown, who was along with Mary Paterson.</p> - -</div> - -<div class="footnote"> - -<p><a id="Footnote_9" href="#FNanchor_9" class="label">[9]</a> A word here not legible in original.</p> - -</div> - - - -<p class="transnote">Transcriber’s Note:<br /> - -1. Obvious printers’, punctuation and spelling errors have been -corrected silently.<br /> - -2. Page 229: The verb had been omitted in the sentence. The word -“acted” has been inserted silently. (The Police ... (acted) under the -conduct of Captain Stewart and his Lieutenants.)<br /> - -3. 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