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Full text of "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"

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^EST PORT MURDERS; 

OR AN 
AUTHENTIC ACCOUNT OF THE ATROCIOUS MURDERS 

COMBCFTTED BT • 

BURKE AND HIS ASSOCIATES;' 

CONTAINING 

A FUi:.L ACCOUNT OF ALI. THE EXTRAORDINARY CIRCUMeTANCKS 

CONNECTED WITH THSJK. 

ALSO, 

A REPORT OF THE TRIAL 

OF 

BURKE AND M'DOUGAL. 

WITH 

9 

A DESCRIPTION OF THE EXECUTION OF BURKE, 

HI8 CONFESSIONS, AND MEMOIRS Of'^IS ACCO»f PLICBS^ 

JUrCLUBINO 

■ 

THB 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, 
37*, 'sboTHUHXTKife Street; •• 

1829. 



'i > 



» • • . 



^ IV CONTENTS. 

Page 

Conduct of Burke in Lock-up-house • • los 

Liberation of M*Dougal . . , no 

Burke*8 Conduct in Jail • • : 113 

Harems Behaviour * . • • . us 

Bnrke*s and Hare*s Houses . • • « 120 

Remarks on their Characters . ' • . 123 

Murder of Mary Paterson^i 'j\y '^'< * ^ ' ♦ *! » V • ^^^ 

Janet Brown^s Statement 'relauve to l^e j(Xurder of Peterson • 125 

Murder of Daft Jamie . . , • 132 

Curious Rencontre between Daft Jamie and Bobby Auid . 133 

Legal Discussions relative to the ^rlal ofHare and the Socii Crindnum 137 
Memoirs of Burke, wUh particulars of all the Murders communicated by 

. .'Pimself . . . , . 17a 

' Ilist of jR^urders coi^mitted b^ Burke and Hare ^ ♦ y '. • • • j v . > n?% 

Town Co.uncil ^f<««j*^9».. v' ' ;!. I •'•. ./: - - t;.-.' . •,. ; ) • •f . .i f?l^ 

Omfessions^of Burke from the Qaledonian Merc{iiy, j,. j . . /. :• > , jS^^^- 

.^irparationsibr Burk^*s Execution ^ . ^ . r * . i ^^^ 

Btmoval teethe Lock-up-hou§e ^ . ^ * • « . ;^. . - ,/ -Jo .- I ^^ 

Qacurrencespn the Street previous to t^e £xeci|ti<Hi v rjT.*,* .. < I ^^"^ 
The Execution . . . . r . .^ '\-;.,A^ 

. Character of^urke . . . . , . : , , .. ^.. ^ . . '247 

Occurrences olter the Ex^ution , • ^ . ^. jv . 9^1 

Jtescription pf the Bq^y - . • ,- ":'^ -.T .' >r- : ) ^^^ 

Blot at the College . . . . •:.'?.. .. J ^** 

Iftrenologicsd Developnient of Burke ., ..^.. . ^ . ^t "^ "a *^ 

Cfcservations on the He^ of William Burke' . « «, .. 2^2 

fltemarks ot) do. , • ^« ^. •/:/«:•': ^^'^ 

rioceedings agjunst Hare , . , . ^^ * . .• j^ f , ;( 272 

Bfemoirs of ilare ... .. .^ ,-,..]•! r ^^ 

Hare's Recesption in Dumfries . . , . , , *,, ^ ^ .312 

Bare's Appearance . . ". . .,. . . -ft) :. . .? ,,.. ' 385 

ii»tter from Jthe Sheriff to the Right.Hon. the tdrd Provost . ^ ,... ' 3?9 

Official Confessions of Bur|[e ' . , . ,..., ^ '.-r , j 331 

Confessions pf Burke froqa the £diij|burgh Evening Couraot^ •, - j ^. . , 3^0 

Atecount of Helen M»l>ougal . . (^ / . 4 . , i: *. .! 3^ 

i-- Mrs. HarQ . . ' . (,,;. ;: ,, ^ _ . f. ",' 3^4 

i>bpu]ar Tumult . • . . , •..••. 361 

' ' ' • ' • • • . ' t: '..).-' ' 



1. 



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»)PtTait of Purke, to fiice title 1 Jm.t.o.-. .!• . ."i.,-. ^ 'J 

(Kround Plai} of Burke's House . .,,,*...,. .r , 3f 

Portrait of (lelen M'Dougal . ^ . • . , . ,^J 

Burke's I|onse fronj the Back Court ^ . ' • ^ ^ ! X2fl 

(Vjiew of Burke*s Execution • , «• 231 

F^i;trait of J^are ♦ •• . . , . . . ^ ^ , 2?8 

F^similc of, Burke's ^and^Avriting j f „ . ,, . ' ,,. ." '3^^ 

Portrait of A^^. Hare ^ .^ \ :. * I ; • 3*f ' 



f 



THE WEST PORT MURDERS. 



We have heard a great deal of late ^nceruing ** the march 
of inteUect^^ for which the present age i^ suj^osed to be dis* 
tinguished; and the phrase has been rung in oar ears till it 
has nauseated us by its repetition, and becume almost a pro- 
vctrbial expression of derision. But we fear that, with all its 
pretended illumination, the present age must be characterized 
py some deeper and fouler blots than have attached to any 
that preceded it ; and that if it has brighter spots, it has aiso . 
darker shades and more appalling obscurations. Xt has, in 
&ct, nooks and corners where every thing that is evil seems 
tip be concentrated and condensed; dens and holes to which 
the Genius of Iniquity has fled, and become qnvenomed 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 know-, 
ledge of good and evil would seem to have imparted a fearful 
impulse to the latter principle ; to have quickened, vivi6ed9 
and expanded it into an awful and unprecedented magnitude. 
Hence old qpmes 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 fol- 
lowing 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 iage or country* Mur- 
der is no novel crime ; it has been done in the olden time 
as well as now ; but murder perpetrated in . such a man- 
ner, 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 tranr..; 
spends and beggars every thing in the shape of tragedy to foe : 
found in poetry or ronuq^ce. Even Mrs. RadcMe, with allj 



rr---^*^ 



2 WEST VOa't MURDERS. 

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 m evidence at the trial. 

In the morjiip^. of ^ certitin, day, in October last (the 31st) 
Burke chaiices to-enteir the> shop of a. grocer^ caDftd Mymer ; 
and there he sees a poor beggar woman asking charity. He ac< 
costs her, and the brogue instantly reveals their common 
country. The poor old womatfs Tieart warms to her country- 
man, 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', ibiproves the aeqaamUmce^ by pt«t«iydihg' that Hk 
mother^s name was also S^herty, and that He has a wondvouS' 
affection for all wha bear the same euphQlK)us and revered^ 
name. The old woman is perfectly charsied with her gopd'^ 
fortune in meeting such a friend in such a ecHiMryman, and her 
heart perfectly overflows with delight* Burke j again^ s^d% 
that be has so* far gained his object,' fellows up his profesi^on^ 
of regard by inviting Mrs. Docherty te go^witb him' td big* 
house, at tihe ^me time offering her an asylum thei?e. The 
poor beggar womim accepts the &tat invitatk>n^ and accom- 
panies' Burke te that dreadful den, the scene of many previous 
murders, whence she is destined never to return^ Here the 
ineffable ruffian treats her to her brei^fast^ and ^s fae^ grati- 
tudfe risesj his apparent attention and kindness increase. This 
done, however, hte goe& in ^search of his associate and accom- 
plice Hare, whom he informs that he has " got a sh&i'in the 
house,'^ and invite^- to come tfver at a c^tain time and hour 
sgeci6ed " to see it done."^ Betwixt eleven and twel^ o'^clock 
at night is fixed upon by these execrable miscreants for destroy- 
ing the unh^py victim whom Burke had previously seduced 
into the den of murder and death-; and then j^rke prdceeds 
to make the necessary arrangements fi^r the commissi6]l of the; 
crimev Gray and his wife^ lodgers in Burke's- house, and 
vAom the murderers^ did not think it proper or safe tia eiltrust 
with the society are removed for that night alope: another 
bed is procured for them, and paid for, or oflfered to b^ paid 
fotS by Ririce. By and by the murderers congregate, and 
febiales, cb^isant of- their past d€>eds, as well ai^ of the crime 
tvhich^was-to be perpetrated, mingle with them in this horrid 
meeting, Sjnrituous liquor is procured and administered to 
the Hitejoded victim; they all drink more or less deeply; 
seundsof fnirth and revelty are heard ediioing. from this mi- 



. W£6T FOllT MURBESS. 3 

matore paddaeinonium ; and n idance, in wineh they a&, include 
log the beggar woman, joiii, completes these infernal orgies. 
This, is kept .up fer a considerable while, and is title immediate 
{nrcrdjolsor of a deed which bluis the eye of day, and throws a 
Oeqper aind darker shade around the dusky brow of night. 
. At length the time for ^^doii^ it^ arrives. Burke and 
]paiae got .up a sham fight, to ^vduce a noise* of brandling 
l|Kld 4uamJfi^, common enough in their horrid abode ; and 
when thi^ has been continued long enough as they think, Buxke 
suddenly springs like a hungry tig;et on his victim, whom one 
«if bis accomplices had, as if by accident, thrown down, — flingii 
ih? whole weight of his body upon her breast, — grapples her 
by tli9 throat, — and strangles her outright. Ten minutes or a 
quarter of an hoiur elapse while this murderous operation is go- 
lOg on, and ere it is completed ; during the whole of which time 
Jl9XQ^ by his own confession in the witness-box, sat upon the 
fropt of the l^ed, a cool speictator of the murder, without rais- 
ing a ay or stretching out a hand to help the unhappy wretch 
^hus hurried mto eternity by his associate fiend Biurke. As 
to the women (Helen M^Doi^al, Burke^s helpmate^ and t^e 
wife <^ the miscreant Hare) they seem to have retreated into 
& passage closed in by an outer door, "when they saw him 
fRurkeJ on the top of her^ (Docherty), and to have remained 
%h^^ while he was perpetrating the murder ; without, how- 
ever, uttering a single sound or doing a single act, calculated 
to interrupt the murderer in his work of blofod, or to procure 
Assistance to the dying victim. These she-devils were familiar 
with tlie WQXk of deaui ; and one of themf the wife of Hare, 
confessed it in die witeess-box. She had seen, she said, such' 
f tricks'* before. 

'' No language can add to the impression which these facts 
§re calculated to produci^. The succeeding events, however, 
are not less picturesquely horri^ing. The miirder was com- 
|nitted at eleven O'cloct, ai^d m an hour after, or at twelve, 
Burke fetches Paterson, the assistant or servant of a teacher of 
Anatoxjay in Edinburgh, to whom he was in the habit of selling . 
the bodies of his \ictims, to the spot-^theiirurdetedbody being 
by this time stuffed undei* the bed and covered with straw ; 
and, pointing to that truly drea^ul place, tetls him that he 
has gojt a subject for him there> which will be ready for him 
hi the moniihg. The demons th^ appear to haro recreated 
themselves wito fresh dozes of liquor ; and about fouir or five 
m the mcurning, the two women already mentioned, with a fel- 
low of the name of Broggan who had joined the party, after 
the deed was done, — ^laid down ki the bed, beneath which the 
murdered body of Docherty, not yet cold in death, had been 



4 W£ftT F.0RT.MUSDBH8. 

crammed, and went to deep, some, of them atieast,* as eodlly 
a&if nothing of the kind had occnrred. When daylight t&- 
tivned, the tea-box, so often mentioned in the course of the 
trial, was pioeured, and IJie slaughtered body crammed into it, 
and sent off by the porter M^GuUoch, to Surgeons'* Square ; 
after which Burke and his accomplice Hare set offfdr Newing^ 
ton to obtain the whole or part of the pike of Ae subjecttfa^ 
had procured by murder, and actually got ^ve pounds^ being 
one-half of the price agreed upon;* 

* The folloil'iiior narration has been taken down from the Hps of the 
officer who apprehended Burke and his accotaplices : — . 

** On Friday, the 31st of October,, a little elderly woman was seen 
be^ng about the We^t Port: she entered the slipp of .Mr. Rymex^ 
adjacent to Burke*s house, for this purpose, when Burke was thefts 
purchasing whisky. He seems to nave immediately fi^ed upon her 
as a fit subject ror his atrocious purposes, and endeavoured to dec<^ 
her into his power. He asked her name, and what part of IreUmid 
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 break&st, and they 
left the shop together, and were seen to enter Burke's hou^. She was 
afterwards seen in the house at diffi^rent times during the d^ ; and tw6 
lodgers, Gray and his wife, were sent to Hare's house to make room for 
her, under tne pretence that she was a friend from Ireland. They were 
afterwards seen miEiking merry, drinking and dancing in company with 
Hare and his wife, first in the house of Ann Connaway, and afterwards 
in Burke's, boring the night, a gr^t noise of quarrelling and cries ol 
murder were heard in Btirke's tiotise; but the neighbours, Knowing that 
two men and three wom^nwere in the house, and having frequently 
heard similar uproars, did not think much of it, nor interfere. One or 
them, however, had the curiosity to look through the key-hole, when he 
saw M'Dbtigal holding a bottle to the mouth of Ckmpbell, swearing at 
her fQr not drinkii^ig, and pouring.the. whisky into h«r 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 ll and 12 
o'clock, it is presumed the horrid deed wak 



** In the morning, M'Dongal^ who passed for Biu-ke's \iafe, accounted 
for l^e absence of OampbeU, ^r ^^the little old woman! as they called^hep^ 
as well as for the noise, by saying that she had, during the njghtt made 
too free with her husband^ Burke, and that she hacl kicked* her out oi 
the house : and this seems to have allayed any suspicions. In the mom«- 
ing, 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 ^y Burjse with an oath^ 
'to keep out from them.'' Burke aiPterwards left the house,- desiring. 
B^roggan a carter who was there to sit on. a chair closed the straw nnm, 
be retittned; ' Broggan, however, followed him' in a short time, and Maof 
I)ougal who appes^id to be in liquor, started' up fr^m the Jbed asking for. 
her husban^ and afterwards (quitted the house, living Gray and his wifb.. 
sitting in it. Mrs. Gray tlien commenced searching ror her ctiild's. stock* 
ings and cleaning the house, and froni the su^piciotis wnich had been excit- 
ed by Burke's conduct, she examined the straw and found the murdered - 
body, which her husband pidled out, and which thej immediately recog* 
nised to be that of CampbelL On gom£[ up the stair, they were met by 
M'Donjfa!^ whom 6ray informed of me body t^cuitg found. She af» 



.WBfiT.PQRT MURDSRS. O 

Such is axL imp^ett a^rfeeUe miiBoto of the ftcts 6t this 
l^e, in the. course of wlfioh was dbdosed the holrid and ap-' 
palling fact, tha^in certaio holes and dens, hoth in the heart 
'And in, the outskirts of this* ci^, murder had been reduced in- 
-to a , system, with the idew of-, obtaining money for the bodies 
murdered ; and that it was perpetrated in the mantier least likely 
to leave impressed.upon the body any evident or decisive marks 
|of violence, being invariably committed by means of 8i!iffi>c»- 
•tion 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 natu]:e .which haye occurred. 

fecixA to pass' it off as 'if the woman had died in consequence of a 
dniAkeii £rolic, and attempted to bribe them into silence by offering 
them the ominous si^ of ten pounds. She invited Gray and mi^ wife to 
take a dram in a neighbouring publio-housej^ where she, cuong with Hare's 
Twife, hurriedly left them, and upon their return to the house, in two 
or tliree minutes, they called the people next door to c6me in, as they 
wished to show theih something; but upon examination the body was 
gone. They immediately lodged information at the police office, andja 
party of policemen were sent, but notwithstanding the most diligent 
search that could be made, the body Qpuld not be found, nor the parties 
Imjdicate^. At this time a servant girl who lived near informed 
them that she had seen Burke and his ^pfe. 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 npon it and found 
It soft. Upon the return of the policemen, sometime aneni^ards, Burke 
,^sseaiera^ it is supposed to get some things previous to' escaping. He 
was pointed out by Grav, and immediately seized. He seemed to wish 
td iaiii^h h off,' under the pretence that it was the lodgers who wished 
tado nim an ill turn, saying that he defied all Scotland to chaige 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 
ail a dntnken snree, and use4 a great many capers and iry laughs. She 
was also immecuaitely taken into custody^ and both were conveyed to the 
police olBce* 

, "^ lliere was still no tidings of the Ibody, when it was suggested that the 
cl^eotin^ rooms should be sfesirched; and Lieutenant Patmbn and Ser> 
jeantHfUayor Fish^ wenton Sunday morning for that purpose. They were 
informed by Paterson, D^. Knox's man, .that they had only received one 
body, which was showii them, but ^m their apt having seen Campbell 
they could hot identify it. Gray and hiis.wife were sent for, who soon 
i'ecognised it, and dfter procuring a warrant it was conveyed to tl^e police 
OiSee. 

. ** Earlv on Sabbath morning instructions vrere received to apprehend 
Hare anii his ^'ife,and a pariy 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 th» 
subject of the body that had been found in Biirke s. Mi's. Hare, laughing, 
said, th^t the Captain and the poHce had surely very little to do now to look: 
after a drunken spree like tnis, repeatedly. leering and laughing* Hare 
then said to her that he was at Burke's and had a oram or two, and likely 
they might bb attaching* some blame to them, but he. did not care for 
Captain Stewart, aiid they had better rise and see what he had to sayi^ 
They were both tonveyea i6 the police office,, and immediat^y lodged v^, 
separate dells.^ - = * . 

a 



^ V£BT POUT MUfiOESC. 



Satb'^ #ile frijmk^ A«t dbe iMid'vilneBBed »my ^^ trieks^ of 
l|^ «atne kiad; «mt Have laiAscJf, when undei^ii]^ the 
«earel^g ^apom^xm^i&ii^oiA of tf ir. Ooekbdni — a epo8s^«|c|sn& 
mtim «ucfa «i wag nem befooi^ fe^GempUfied ^ any Ceart tof 
il4i8tiee---^iU:8t not 4env iduil W iisfid bees 'Cbficemcd in'oither 
Dlkiinier8 lieBides thator Dedberty ;"--diat a ffiurder had been 
^mmitted m his own houso'i)! toe monA ofOctcb&t last; — 
4fcat he himadf was a miftderer^ and hifl liaitda steeped in 
blood and (slaughter: we «ay fae' durst not deny it, ami only 
idok refiige m ^^ decli]^g't(> answer^ the questions put to 
him; which the Couit of course apprised him he was entitled 
^0 dp m ypgw4 tp ^uastions,.that went to pri^inate hijnsf^«9 
4^p}y, and but for -wfyu^ oa^iw we have little 4oubl: tfaait ha 
womd hava OMofessed not merely accession, but a printipi|l 
nhare in several murden;. In fact, this ^< squalid wretch,*^ ^ 
Mjp, Coclfbum so pioturi^squely c^d him, firom' the hue aiul 
Jippk.^iir th^ jcarrpon-KTow in the witness-box, was disjposed to be 
eztvevely oeo»9unicati¥e, and apparently hadnoidea diat any 
thing he had stated was At all remarkai)le or extraorduii|inf. 
J>l|ft Jamiip was n^uirdered iix this miscreants house, and 09 
h^fi ^^nentiai^d ju^sty^ i^gumstanc^s connected irith the destruo* 
M<m of Ms poor innocent, calculated to form a suitable pendUmi 
ko the description we have already |^en of the murder qf 
I)ocherty< Jamie was enticed into Harems hou$e by Burke, 
iihe ufiw dficoy-^hitd^.ii^.tbis trjai&c of blood (the appearance 
o£. Hate fainttidtf bong 90 ineiqpreasibly hideous that it would 
have scared even this moping idiot,^ and he was plied with li- 
quor for a oon^ideriible tune. At first ..he refused to imbibe 
^ ainjj^e drop; but by dint of coaxing and perseveraoce, thqr 
•t hu5t induced him to take a little ; and after he once took 
a little, they found almost ng difficulty in inducing him to 
take more. At length, however, be bec»me overpow^ed, and 
laying Hn)«elf down on th^ 9^* ff»U aaJeep. Burke^ who 
was anxiously watdiii^ his opportum^i-^then said to HarCt 
^ ShaD I do it now P"* to which Hare replied, «< He is 
too s^ng for you yet ; . you had better let him alone 9, 
while.*" Both the ruSSans seem to have been afraid of the 
^physical strength which thqr knew the poor creatmre possess- 
ed, and of the use he would make of it, if prematurely roused. 
.Burk:e, accordingly) waiti^ a lltde, but getting impatient to 
aocomphsh his objept, be suddeidy threw himsdf upon Jamie, 
and attempted, to strangle him. This roused the pom crea- 
ture and, muddled as he was with liquor and sleep, he direw 
)Bu|:W otr md got to his feet» when a desperate struggle 
fnsueq. Jamie ftii^i^with the united fteniy ctf madnesB and 
deappir, and Burke w^a about ^to be ov^ipoweied> when he 



WEST POBT Mi:ttDB»B. J 

Vafted'owft'Micm% to Hare' to m^m bim. Tfm HAr# did 
:by trifypiiig vp Jamie'aF h«iebi ; after wfaicb bbtli the rtrfflftns 
^ apm him, and, at Ibiifgtb, thB^i%h not eVcn then wfcbotfl 
^ greatesrt diffi colty, succeeded m sctan^ilig l»m. 
f And ail this fasts kuppfircii aud fa«s' been csntied bn ib li 
Chnstifln country, j»drHi thi MetMpolis of Scotland, wiihMl^a 
fcteath ef sisspdcm; liarting been excited' as to the existeneb of 
such hfilHeh attrockie^ titt Grao^ lodged ittfimnai^dh at the Po^ 
Ike OSice of the murder of the wontan CambbeH or Doehi^i^. 
It was said at t&e trial, diat the public rrmi had been: excitdd 
and inflamed on the subgiecttb d degree whoUytmurecedeniedl 
but how i» it'conceivalyle (st possible chal^O'^^n the Bghtffdt whim- 
per, of such infernal deeds^f an oKganiisisd i^stetts of mmieuf 
<»«-Q(Kild find: ie&i; way to* tber ptebMc, i^ftbottC? pii^€^ciB]|r tfak #x^ 
eitement, without kindliiig up every feet^g of boifot afidiiti^ 
dignatiim which the difevke«t and^ moat ufiheaspd of attrbdttea 
could possibly rouse in lovfaEiout and tmiaibted mmdb f ^h& 
wks a natural result o£ a great aftd uiipara&efed crittier, oi^ 
rather systeia of crimes; it iras a result Mbk^ no f^ytutt- or in^ 
fluence could prevent; it wb» ar result which, eren if hhad 
been poasiUe, ought not to fa«^e h%m pUBTented^ But as 
tluB axentement 6xisted-*4U» khad tMH ov^Iess pervaded eiret^ 
mind^r^dd as it' nujfht; eventually ,- if not contve&ed, hare 
interfered with and aff<^eti»^' ik^ aidministratioK of dierb 
jti8ttei3, it was^ rights nay it 'ttm necessary, both fev tlftf sake of 
public justide mi also* fo# t&o satisfifction of dvie et^titftry, 
that tbe priBonenr' should' h» libiy a&d powerftilhji^ defend^ 
ed. Under dtis' convietiottv the kead or the Bar of^ Scot- 
lemd, in oongonetioniwifti somiT other of its brighter orna^ 
ments^ came ftr^traad' ta olfet d^ gratuiwiu^ itervkei^ &Mh^ 
occasion;: and cevtandy nevef was^ thiM a- deftnbe^ ik my 
cage cottductsd with more oousumiinM^ shSitf-'-^^mf^pet^ 
Haps was there a^' trial in wfaicjf Mgh^ taletft^ ^s^ftt^ oi^ 
ijence; or moi^ spiendid and ov^e^mast^ng* ^qu«itf^ i^e 
displayed^ Aiid we rejdiee* &at such lia% be^i> did' daise. 
Condtcct like ihisreieiE^ eternal^ Ii<m«ar ofl ^-liaif^ }»^iMkim 
t&ere asre: insttucea in: wMc^ it muy tibroW a sHidd^ atMnd^ 
fimooencd; whilig, in ev^ ease, 'U i3» eakkA^ktidd iff^ ^re^ 
serve the course of justice pure and tindefite^^ an tt^tt t9 
giv«:'8ddiiliona£satiafaK^Jni ^ die eDtpitty^ to' drenfe^addidio^-^ 
al Goafideuce in tie puri^ of die htf#, skid t& l»igm'^X^ #frtmgu 
erftdin^ of seouxii^ in t&e prc^otioM ^ish it ftflbv^. Th^' 
nB#t atroHous dshnwi^ are predeflely di^ise wli£«h^o«^ht to* be* 
lysoat oautLOusly atid fti% inTostigated^; ^e^e ]!»^«^o^> of 
alf sorts* 6ughtto be most anxiously eic^M^d o!^ tottntt^te^ ;' 
^^here^ ev^ry &eillty in life powei*' of ^ C^uti t() gl«e,\oughiP 



/ i 



8 ' WS&T POBT MVKSSies. 

to be affi>rded to the prisoBer, both in pi^eparing for Ub defence ' 
and on his trial ; where the rules of evidence ought to be most 
itdctly adhered to, in so far as regards either the admissibility 
or credibility of testimony ; where the accused should have the 
fullest ben^t of every pi^esumption in his favour ; and where 
his defence, ought if possible, to be conducted with the greats 
e9t legal ability. Now Burke had all these advantages. The 
Court, in the exercise of the discretion with which it is entrust-^ 
ed, adjudged the trial of the prisoner to proceed upon only bm^ 
of three separate acts of murder charged against him in the 
indictment ; while the splendid array of- Counsel, who vo- 
luntarily and gratuitously undertook the conduct of his de- 
fence, 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 tha 
Jury for the Crown upon the evidence which had been led,* 
if the prisoner had any good defence, it was thus sure ta 
have ample justice d^ie to it ; and if a conviction iras ob- 
tained, it would be moare satisfactory to the country, and in- 
finitely more important to the purity and efficacy of the law. 

In these drcumstances, however, a conviction has been 
obtained against the pannel Burke— the prime iiuiderer 
<-^the imseZediate and direct agent by whom the venst» 
charged was committed — the agent also, we firmly believe, 
by whom not three but thirteen persons were slaughteied, 
with the intent of excambing their murdared bodies for 
gold; this monster, we say, has been, convicted, and ad- 
judged 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 bangmwi 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 keei»ng with his crime ; and- hence, 
though once entertained, it was most properly and judicioudy 
abandoned. But the conviction of Burke alone wiH not satisfy 
either the law or the country. The unanimous voice of so- 
ciety 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 an nearly- 
aU of these murders ; . in the case of poor Jamie he yras un-> 
questionably 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 .80 ably and zealously performed ^ his duty to. t^. 
coiaitry upon this occasion, will bring the << squalid wretclT/ 



TftlAL OF WILLIiOC imRXE AND HBCXN M^DOUGAL. 9 



tdiriifl) ftBd UkA ere^ otkernnam in 'bis power td hare 
thflw BMcitMB prd)ed md sifted to the bottom. 



Teial of William Burke and Heli^n IU'Dqugal. . 

K^^suilfn the memory of any manlivii^'hiw exdited so deep^ 
lUHvrers^ mdi w^ may dbsiost- aSd, appallmg an interest a^ 
tbaite£ Wiluam Buhkb and Us^ female associate, Helkk^ 
M^I>090^AL^ vUcb took placeon Wednesday; 24th DeeettiberK 
18^ By the-st«te]n«it8 which fiom time to time appiealed 
ill Ibe MwqMifieMy pnbKc feeling had been work^ upto^ th^ 
bigbest pifcb of eseitenent, and the case^iift so £ur as the 
miaeraUe panwb ireve - eoneerned, to a ceit^ extent ptejij^ 
dxQ6d by the oaatuyal: abhorrence which the aoeount of a nei^ 
and-^mfuyielod cnme was eakubvted to eseite^ Thiti, bow-^- 
evar»'isan evil itttopaimble from the fteed0m, l|c(jMl^ aild 
enterprise of' the' press, which ia necessity complied to 
Iny^boU of the eyenta o£ tbe passing hour, more ei^iefildly- 
when tbbse are of an eOraordinary or unprecedented kind : 
Biit-k was mote tfaanatoned for by many couistervailing adran-' 
tages'of the greatest mement to the interests of- the comaiunity ; 
81^^ besides, we are satisfied that any rnKgndice or prq>«tees«-' 
8io»«tfans^6icAted^ was Mudrasly and e^ko^oally ^KeludbdfiNMn 
the minds of the juiy, by wbon^.tliis singular case was tried, and- 
that they were ^ayed fay no <)ofisid0n^n epoqit « stesen ioe. 
gaxd^o the' sancttMi of their oaths, the purity of justioc^ai^ 
the import of the'eridteee had befoie them. Attbe'sam^' 
timei it was not«o mud to the accounts puhtishedin the ne^s^ ' 
papers, wbich merehr enribcdied and gave greater cttrreStcy to 
thestatements birauaiting in socie^, ais to the ^fsxtraoidinary; ' 
nayi unpandleled; oireumstances of the case, that the strong - 
esflilenieot t)f Ae-pubUe mind oilght to be ascribed. TheSte irete: 
without any preefldent in the reeords of oinr dbmnal practice, 
am^^in fiiet,' amounted to the reaUaatioQ of a nursefy tafei The' 
recent deplorable increase of crime has made us fmnUiaif ^h* 
aeveralnew at^oi^ies.' PtasoAii^ is dow, it seems, rendered 
snbsidilHryfto die cotnniission of theft: st<di>b|ags, and att^npts 
at assassinarion, are maltersof almost eveiy day oceunrence : 
and XBurder has^ geown so fiimiliar to us, that it has' ahnost 
ceased to be viewed with that ins^ctive and inesspressible 
dread which the commission of the greatest crime against the 
Isrwa of Ood and society used to; exdto. But ibe presMit was 
theftrst instance of murd^ alleged to batve been peKPetrated 
wiA ^ aforellKmght {HnpdBO and int»t of aeUing ube inur- 
4eMl body as a subject fer dissectbn to anatomisls ^ it was a 
new i^N«ies ctf assassinaticm, or murder fer lure : and 99 siieh. 



c 



10 . , TRrAL OT WILLIAM BURKC 

tio less than fi^om the general hoitbr felt by the people df idiki 
country at the. process^ from ministering to which the nrar-^ 
derers expected their reward, it was certainly calculated to 
make a deiep 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 iawakened^ it was edsy to judge froifl whdtwagf 
every where -observable on Monday and -TtHe^day. The ap^- 
preaching trial formed the uhiversal topic oft conv^rstftibny 
a*nd all sorts ^ 'speculations aind coiijectuiies were afloat ^uf 
thte circumsteances' likely* tjo be disclosed in the course ofit; i*idt 
die vatiouii; resirffs 'to which it would eventually lead^ '' As thc^l 
day dtelirneat, thi5 ihHerest deep^ed; and it was easy to sei^^ 
that the commoiipefiople shared strongly in the general excite-- 
mentl The coftiing trial, they expected, was to disclose some-- 
thinjg wKich'they had dften dreamed of^ or imagined^ or heard^ 
recount arcyund aU evening"*S'fire, like a tale of horjrdr, o^ a 
raw-head^ild-Lbloody*bones story,' but which they never, in thrfr 
sober judgiftent^'^tither feared or believed to ^be 'possible ; and*' 
heace, they loOkett fQr#ttrd to it with'c6«e6pondii^ but inde-' 
scnbable emotions. In short, all classes participated more of^ 
less in a coi^nttm feeliiig re^specting the case X)f this unhappy 
man and his asi^ociatc^; all expected featftil disclosures ; no»e, 
we are conviftc^,> wished fo^^any thing but justice. • 
- As it was 'inorfAy certain ^hat a vast crowd would be as- 
sembled esuiy ' on Wednesday, arrangements were made oa. 
Tuesdt^;- liiider the immediate superintendence of Mr, She-. 
riff'I^uffy tbt th^ adm&sion of jUrymen by the dbor whidi cosi- > 
neet$ ^theSigi^et Library with' the Outer House, ' and also for > 
thcnacc^oiilModation of the individuals connected with the pub»; 
lie press: Onebalf ef the Court, the narrow dimensions of 
which' hstve b<bn often complained of, and in- fact were neveri 
more s^riou^ ^It, was,^ as Usual on such occasioiis, reserved' 
for the membei*s of the Facfulty and the Writers to the Signet 
in their gowns. . -. \ 

So early as seven o'clock in the morning of Wednesday, a-^. 
consid^afole crowd had assetnbled in the Parliament Square, . 
and around the doors of the Court ; and numerous applications ; 
for admission were made to the different subordinate funetion^: 
aries, 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 
fofr them a little before €right o'clock ; the members of the Fa-* 
culty and of the Society of Writers to the Signet were ad- 



i 



I 

I 

I 



AND a£L£|f M^DOUGAL. 11 

milted predsely at nine ; and thus, with the jurymen impan- 
nelled, and a few inclividuals who had obtained the enirie in 
virtue of orders from the Judges, the Court became at once 
crowded in ev^ry plot. 

• About twenty minutes before ten- oVlock, the prisoners, 
William Burke and Helen M^DoOgal, were placed at the bar. 
The male prisoner, as his name indicates, is a native of Ire- 
land. He is a man rather below the middle sice, but stoutly 
made, and of a determined, though not peculiarly sinister ex- 
predion of countenance. The contour of his countenance, as 
irell 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 sfiubbish nose, and a round chin, but altogether 
of a small caist. His hair and whiskers, which are of a light 
sandy colour, comport well with the make of the head, and 
with die 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 
elothes, and had, upon the whole, what is called in this country 
a watigh 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 pri- 
soner is fuUy 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, 
knparting to ihem even something of interest and expressive- 
ness; but the upper half of her face is out of propor- 
tion 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 or^ary look of extreme penury and misery, common to 
unfortunate females of the same degraded class. Both pri- 
soners, especially Burke, entered the Court without any visible 
signs of perturbation, and both seemed to attend very closely 
to the proceedings which soon after comrmenced. 

The Court met atprecibeiy 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 Cleirk said — William Burke, and Helen 
M^Dougal, pay attention to the indictment that is now to be 
read against you. 

Mr. Patridt Rdbettson.-^I object to the reading of the in- 
dictment. It contains charges which I hope to be able to sliow 



12 TIUAL OF.WIIJLIAX B^mS£ 

youf Lbidsdiips m mccmipetwt, and ibe readk^ of tli6 IrlMile 
of the libel muist tend matenally to ps^udiee tbe pmdaeis 
at the^har. 

The Lord Justice Clerk. — I am unaccQStomed to this node 
of procedure. . It depends upon the Court wliekfaer the in- 
dictment jdiall he jread or not* . 

. Mr. Patrick Robertoon* — Oertainly» my Lord ; but I under* 
stand it is not nec^sfliy.io read the indic^mBiKt ; tad we ol:joet 
to it& being done oo^»^e present oecasum* ^ 

Lprd Justice Clerfc't-fWe havefouud but UttLeadrantsigeto 
result from the practice recently introduced einat teading the 
i^Glinent. . It has rendered constant exphnfttions seoe8«> 
sary^ and consupnes more time the one wny than the othec 
.. Mr. Cockhum*rrrrWe object to the indiotm^t bmg read, 
because it is calculated to prejudice the prisoner. Our stale- 
ment is, that it contains chains, the reading of which camiot 
&]1 to operate against him, mi that these chaiges md^e no 
legal part of ihe libel. 

Lord Meadowbaok. — ^I am against Apyelues ; I am agamal 
interfering with the discretbn of the Court. 
. The indictment was th^ read as fi^ws :-^ 

. William Buxke and. Helen. M^I>oiKgal» both present prisra^- 
ers in the tolbooth oS Edinburgh* you are indicted and accns** 
edat the instance of Sir WiXiLIam Rae of StCathaxine^SsBart. 
his Majesty'^s Advocate for his Migesty^s interest ; That al« 
beit, by the laws of this and of every other well governed 
realm, Muaj>EB, is a cfiime of an heinous nature and seveiriy 
punishable : Yet true it is and of verity, that you the si&d 
William Burke and Helen M^Dougal are both and each, or one 
or other of you, guilty of the.said crime, actor or aetors, or art 
and part: Insofaras»o0 oneorother of thedaysfoetweoiihe 
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 hou^e in Gibb's Closes, Canoa^ 
. gate, Edinburgh, then and now or latdy in the occi^ation of 
Constantine Burice, then and now or lately scaiceiiger in the 
employment of the Edinbturgh Polioe EstaUishment, you the^ 
said William Burke did, widkedly .and fedosiieuidy, place or lay 
your body or person, or part, thereof, over or tmon die hceist 
or person and face of Mary Paterson or Mitdiflirdien or te^ 
oently before that time, or Ibimerly precedii^;^ with Isabdk 
Burnet or Worthington, then and now .or latdy residing iu 
Leith Street, in or near Edinburgh, when she, the. said Mary. 
Paterson or Mitchdl was lying in the said hoUse, m a stato of 
mtoxicatiop, did, by the pressure (^eceo^ and.by covetdng her 



V 

fiiAUtb And nose mtk yoiu^ bodhr or penon, and foreiUy com<- 
I»e«dBig her duMt witb your nands, snd forcibly keeping her 
down, iiotwitli6tandi]ig her resiBtance, or in some oder way 
to the JE^Nwecutor unkaown, prerenting her from breathing, 
flufKiQate or strangle her; and thfe said Mary Faterson or 
Mitchell was thus, by die said means or part thereof, or 
by some other meam or violeBce, the particulars of whidi 
ate to the Piosecutor unknown, wiekedly bereaved of life 
by yon the said Wil&im Buiice; and this you did wiA die 
wid^ed aforethought intent of disposing of, or -s^mg the 
body of the said Mary Paifeersein or Mifechell, when so mur- 
dered, to,a.{^ywi»n orauKgesn^ or aome person in the on- 
ploynaent of « phy^daa or* surgeon, as a subject far dissec* 
ti<m,. m with s^pe other- widced and fdonioua intent to the 
Prosecutor imknoi^. (2.) Further, on one or otiier of the 
dayay between the 5di antl a6th days of October 1828, or on 
on^ or other of the days of that month, or of September inu 
loediately prececbig, or of November immediately foUow^^ 
iog, within the house situated m Tanner^s Close, Porta- 
burgh, Qj: Wester Portsburgh, in or near Edinburgh, then 
and now or lately m the occupatacm of WiHiam Haire or 
Hare, then and now or lately labourer, you dm said Wilfiaas 
Burke did wic^eAy and fekmionsly attad^ and asstfuk James 
Wikon,' commonly ctdled or known by the name of Daft 
Jami^ then or lately residing in the house of James Dow** 
nie, then tmi now or lately xiorter, and then toad now or 
la^y residuig in SteTa»Iaw's Close, High S^eet, EcBn^ 
buigh, and did leap and throw yourself upon him, when the 
said James Wifaon was lying in die said house, and he haev* 
iogspnu^ up, you did strug^e with him, .and did l»ing him 
to the ground, loid yon did ^oe or lay your body orperson, 
or part thereof over or upon the person or body and fiwce of 
the «aid James Witoon, and did by die pressure thereof, and 
by covering his moiiib and noae with yovff {ibraon or body, 
a»d£»oihly keejnnghim down» and compk^essing faia mouth, 
nose, mid . throat, ' notwithstimdin^ every resistance on im 
part, aod diereby,- or in some other manner to the Prosectt* 
tor unknown,^ preveliting him fiom breadiiag, miffoeate or 
strangle him^ and^ the said James Wilson was thus, by the 
said means, or part of dwm, or by some other means or vio>* 
lenoe, the paiticnlars of which are to die Prosecutor un>* 
known, wickedly bereaved of life and murdered by you die 
said WiUiimi Burke; and dusyou did widi the wicked afoi^ 
thought and intent of disposzng of or ilelling the body of die 
md James WQsoB,when so murdered, to a pfaysteiitti«Dr «ui^ 
geon, <^ to some peisten in the employment cf a physiciaii or 



14 TRIAL OF yHfltilstAM BtnKE 

surgeon, as a subjectr for dissection^ at with some oihe^ wicked 
and felonioiis intent, or purpose^ to the Prosecutor unknown. 
(3.) Further, on Friday the 31st day of October 1828j or on 
one or other of the days of that month, or df September inkme^ 
diately 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 West- 
er Portsburgh, in or near Edinburgh, which runs from the 
Grassmarket of Edinbuifgh to Main Point, in or near Ecfin- 
bw^h, and on the north side of the said street, and having 
an access thereto by a trance or passage, entering from the* 
stxeet 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 Hden 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, ovet or upon the per- 
son or body and face of Madgy or Margery or Mary M'Gt>- 
negal, or Dulfie, or Campbell, or Docheity, then or late- 
ly residing in the house of Roderick Stewart or Stuart, then 
and now or lately labourer, and then and now or lately re- 
siding 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 bo(£es or persons, or the body or 
person of one or other of you, and by grasping h^r by the 
throat, and keeping her mouth and nostrils shut, with your 
hands, and thereby, or in some other way to the Prosecutor 
iyd|3iown, preventing her from breathing, suffocate or strangle 
her ; and the said Madgy or Margery, or Mary M*Gonegal,or 
Buffie, orCampbell, or Docherty, was thus, by the said means, or 
past thereof, or by some other means or violende, die particulars 
of which are to ihe Prosecutor imknown, 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 
ypu, bojth and each, or one or other of you, did; with the 
wicked aforelliought intent of disposing of or selling the body 
of the said Madgy or Margery or Mary M^Gonegal, or Buffie, 
or Campbell, or Docherty, when so murdered, ta a physician 
or surgeon, or to some person in the employment of a physi- 
cian or surgeon, as a subject for dissection, or with some other 
wicked, and feloiiious intent or purpose to the Prosecutor un- 
known : And you, the said William Burke, having been taken 
before Geoi^e Tait, Esq. sheriff-substitute of th& shire of 



£^bur^, you did in his predence^ at Edinburgh, eihit and 
subscribe five several declarations of the. dates respectively 
following, viz. :-^The 3d, 10th, 19th, and 29* dav» of N^ 
vember, and 4jth day of December 1&28: And youj the said 
Helen M^l)ougal, having been taken before the said sheriff- 
substitute, you did in his '.presence, at Edinburgh, emit ticso 
several dedarations^ one upon the 3d and another: upon. t^e 
ISith day49 of November 1828, which declarataons were each 
of them respectively subscribed in youv. presence tbyitbe said 
sheriff-substitute, you having declared yoU coidd. not. )v«rrite : 
which declarations being to be used in evidence againd ea^h 
of you by whom the same were respectively emitted ;r'a8ialli> 
the skirt of a gown; as' also.. a petticoat ; as also* -a brass 
snuff-box, and a snuff-spoon, a bla^k coat, a black waistcoat, a 
poir of mokpli^ irowsi^s, and a cotton; handkerchief or tkck-i 
cloth, to all of which sealed labels are now attached, v being to 
be i^ed in'evidenc>e>ragainat you, the said William Burke; aa 
also a coarse linen sheet, a coarse piUow-case, a dark. printed 
cotton gown, a red-stripped cotton bed-gown,* to which a seal- 
ed l^hel is no!w attact^d ; as also ^a wooden box ; as also, a 
planar 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, b^ng all tobe^ used in evidence against both and 
each. of y(Hii, the said WiUiam 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, be- 
fore which, you are about to be tried, that you may have an 
opportunity of seeing the same. All which, or part thereof, 
being found f^orea 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, sind.the Lords Commissioners of Jua^ 
ticiary, 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, J,D. 



LIST OP WITNESSES. 
< > ' 

1 George Tait, Esquire, sheriff-substitute of the shire of E- 

dinburgh. 

2 Archibald Scott, procurator-fiscal of said shire. 

3 Richard John Moxey, now or lately clerk in the sheriff- 

clerk^s office, Edinburgh. 

2 



16 TIMAi 4»r, WI|.I4AM:9<ritJ|£ 

deck^s affice,'Bdi]dnii{^. 
& JttiQt Brovn^ now or lately servant to,^ atid^riesidiiig witli, 
Itabdia Boniet or Worduiigton, ninr or ktdy iwdmg 
in Loth Street, m4V near Edhibuiig^' - 

6 The foresaid Isabella Btoamet or WottfaiagtDit. . 

7 Elisabedi Onham or Burke, wife of GinMnktiaae Bmke,' 
. new or lately scainenger in the employment of tfae'E}din« 

btngh pdice, aniinowor lately rssidfii^in 6fl)b^8 etose,* 
Oemongate^ Edinburgh. • ^ 

8 TheifbiPesaid Constantino Burke. 

9 Jean; Anderson or Sutherland, wife of George Suth^iiaad, 

now: or lately sihrersmith, and now or hit^ -residing in^ 
Middeton's Entry^ Potter^cow, Bdinbnigk t 

10 "WHiam Haire 43fi Hare, presentprisoner i^ die Co&Kiodir 
1 of Edinburgh. "^ - 

11 Maqiaiet Laud or Haire or Hate, jdA of the ftsceatdl 

WilliaDa Haiieor Hare, and presimt prisoner in iImP 
tolboodi of Edinburglk 

12 Jean M'Donald or CoghiB, wife of Daniel Ci^lnll, now oc^ 

lately, shoemaker, and now or lately reslcting in Seiotb 
St. James^a stree^^ in or near Edinboigh. 

13 Mwtgmt McGregor, now or lately cervant to, and reside 

ing Mith, John CSark, now or lately baker, and now or 
la^y resi^ng in Roee street^ in or near E^bui^i- * 

14 Biehard Burke, son of, and noW' or lately residing with,- 

the foresaid Constantine'Buri^o;^ 

15 WUIiam-Bmke, son of, and now or lat^ re^cfiD^f widi,^ 

the feresaid Constantine Burke. 

16 Janet Wils(m at Downio, wife of James Downi^, now or 

lately porter, and now or latdy residing in Ste^eriawV 
dose. High stireet^ Edmburgb* 

17 Mary Downie, daaght^ of, and* now or latefy residing^ 

with, the foresaid James Downie.' - r ' • ^ ' 

18 William Cunningham, now or lately scayenger in die em- 

ployment of the E^nburgfa poHee, and now or lately 
siding in Fairley^s Entry, Cowgate, Edinbui^h. 

19 Greorge Barclay, now or lately tobacconist in North Col- 

lege 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 Nertfi 
Fowlis^ dose. High sixeet, Edinburgh. 

21 Margaret Newbigging or Dakiell, wife of the foresaid Da- 

vid Dalsidl. 



AUn HBLIEV M^DVOGAYi. 17 

SJi jQ9epi^ }f*l4eaiis no v or lately tinfimith, luad now oar lately 

residing in Coul's close, Canongate, Edinburgh. 
^ Andrew Fatquharson, now or lately f heriff-officer in Kdin- 

burgh. 
84 Qeorge M^Farlane; now or lately porter, and now or lately 

residing in Patei^9<m'*s court, Lawnmarket, Edinburgh. 
S5* John Brogan, now or lately io^ the employment of John 

Vldl^ncet now i^ la^ly carter, and npw or lately resid- 

i^ in 3emi^ i^tfeet, n^r ^din))urgh. 
9^ Janet Lawrie or Law, wife of Robert Law, now or lately 

currier, and now or lately residing in Portsburgh or 

A^^ester Portsburgh, in <^ near Edinburgh. 
^ Ann Black, or Connaway, or Conway, wife of John Con- 

naway or Conway, paw or lately labourer, and now or 

)atdly riding in Pprtsburgh or Wester Portsburgh 

ii(Foresaid. 
28 71^ ^pi^esaid John Gonnaway or Conway. 
99 William Noble, now or lately apprentice to David Ryraer, 

now or lately grocer and spirit-dealer in Portsburgh or 

Wester Portsburgh aforesaid: ... 

30 James Oray, now or lately labourer, and now or lately re- 

siding with Henry- M'I)onald, now or lately dealer in 
coals, and now or latdy residing in the Grassmarket, 
Edinburgh.' 

31 Ann M^Dougall or Oray, wife of the foresaid James Gray. 

32 Hugh Alston, now or lately grocer, and now or lately 

residing in Portsburgh or Wester Portsburffh aforesaid. 

33 Slizabeth Paterson, daughter of, and now or lately resid- 

ing with, Isabella Smith or Paterson, now or lately re- 
siding in Portsburgh or Wester Portsburgh aforesaid. 

34 7}^^ .foresaid Isabella Smith or paterson. 

^ John M'Cullochy 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 
• ^ l(h? Edinburgh police establishment. 

37 John Findlay, now or lately ime of the p9ti;9le of the 

j^dipjll9\ir^, pqljce establishment. 

38 James Paterson, now or lately lieutenant of the Edin- 

burgh police establishment. 

39 James M'Nicoll, now. cur lately one of the serjeants of the 

£dio^i,zrgb police establishment. 

40 Mary Stewart or Stuart, wife of Roderick Stewart or Stu- 

art,. ];i|9W or lately labourer, and- now or lately resicUn^ in 
'- the Plea^npe, near Edinburgh. - 

41 jT^^ j^r/Qsaid Bodei;;ick Stewart or Stuart 

42 Chf^rjiea M^Lauchj|an, now or lately shoemaker, and now 



18 TRIAL OF WILLIAM BUBKE 

"• . . . , , . ^ 

or lately residing with the foresaid Roderick Stewart or 
Stuart. 

43 Elizabeth Main, now or lately servant to the foredaid Wil- 

liam 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 be- 

longing to the foresaid Dr. Robert Knox, and now or 
lately residing in Portsburgh, or Wester ' Portsburgh 
aforesaid, with his mother, the fores^d Isabella Smith or 
Paterson. 

46 Thomas Wharton Jones, now or lately surgeon, and now 

or lately residing in West Circus place, in or near Edin- 
burgh, with his mother, Margaret Cockbum 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 Mont- 
gomery, now or lately residing in Clerk street,' in or near 
Edinburgh. 

49 Robert Christison, M. D. now or lately Professor of Medi- 

cal Jurisprudtnce in the Upiversity of Edinburgh. 

50 William Pulteriy 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 th e 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 Edin- 

burgh. 

55 James Evans, student of medicine, now or lately residing 

with Mr. James Moir, surgeon, residing in Tiviot-row, 
in or near Edinburgh. 

A. W00D,^.2>. 



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 dijOTerent time, 



AVB HELEN M'DOUO^L. 19 

an^ 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 paiinels is contrary to 
the general and the better practice of the Court ; it is . in- 
consistent with right principle, and indeed, so far as the 
pannel can discover, is altogether unprecedented ; it is to- 
tally 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 fol- 
lows : 

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 com- 
mitted 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. Patbick Robertson then 4uldfessed the Court in sup- 
port 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 proposi- 
tion, however, there were three distinct and totally unconnected 
charges of murder. The i\rst 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 aiiy ac- 
complices. He was the sole person charged with that offence. 
It appeared, indeed, &om the description of the crime, that 
•he was charged ^^ with the wicked, aforethought purpose and 
.intent, of disposing of and selling the body, when murd^red^ 
.a» a sulgect for dissection, or with some other wicked and fe- 



iiO TRIAL OF WILLIAM BCRtE 

lontous- purpose add intent t6 the^Ptosecutor nfiknovn.^ "tinti 
wMe, tm tti£ one bfliid, there Was jio a^avfiltidfi lAd itt the 
itilajot'i^o^sitibii^; yet on the 6\het the Pfdlseciiio^dSia iibteoii-: 
fine Jiknddf to one species dTiittent^ but libelled two — the ititeni 
to sdil thebody to the M^utgeons, and some other sortof vagne 
undefined species of intent to the Prbseciitor himself unknown. 
The second artiple in the indictment charged anbtfaer mur* 
der, aDeged to have been conimitted in the month of Octo- 
bier, in a place called Tannet^s Close, in Wester Portsbuigh.* 
Ifi this charge also William Borke is the only person aci 
cused bf H:hat offence, and the intent laid*is the same as in the 
former iifistance. Then there was -a charge of a third mur^ 
der, committed at a different place and tilne, viii. at a house 
in Portsburgh on the 31st October ;-iri ^hich charge both 
William Burke and Helen M'Dougal were included : and,^ 
after describing the offence, the intent libelled is the sime 
as in the two former cases. Thus we had three miirders 
charged against the prisoners ; two against Biitk^ atone, and 
dtte against Burke in conjunction with M'tlougal ; all of whicB 
Were committed at different times and in different places^, with<*- 
outany^, connection whateyer between them : and th6se charges 
Were laid without any aggraya^on. Then five different dedilrat- 
tionsby Burke, and two by M^Dougal, werfe also libelled on, 
tog^'ther with eight a^tities^tb be Adduced ai^ evidence Against 
the former, and sixagainst both; 4iadin addition to all this, tite^ 
were seized with a list of fifty-five ^tnesses by whomf these ^1- 
feribnt and totally unconnected* charges were to be proved^ 
Now ^e ^tfstbn was, whether this change, involving such li^ 
accumulation of uncohitec^ bffences, was consistent ^tfa btiir 
practice, ivith t^ehnmaiie^pnrif^iples of our law, and wkh that 
sound and proper discr^ion which the Gottrt iri» notoidy c^ 
tilled, but bbflhfl'to exercise. But the fiwt and ti^dst sdateri- 
ift'pcMwasv-^^fcettier the priijorierif WouM tsafer pr«^udici( bjr 
the mode inriffaich'thie libei had been framed; fb^ ifthao eotild 
be made out, it wouM justify their Lb!rd£liip» itt the esei^e df 
t}te diseredon with which they were entrti£rted, id sepai^aiJfig' 
the £fi)^ent charges,' t>r in «electf^g one prisoner, and pbstpoiv- 
ing anbtheiv aceo!rding to the cifeumi^tances df the case. Tht 
dfl^stfott then wft^, Whether thd prisohers wotfld suffer p^^ldice 
m gbing'to' trial with ^e libel aer it no^ stood; • ' ^ Atid^ >^ edfP 
isSderittg this, it wotdd be observed that it wair not ^limg^HMk 
there was any nattlt^d eoiinectiDh ^betWeM the erime^ eolBk 
tnttted. ' Th^ i^as certainly none in law ; *and ^ffHh^ difo 
ekception of the mode 'df rthe mitrdter add ^ iht^t^ dittij 
was ttoi the tdi^tesi preteticef fbf saying rtfieife wife ta^ ceni- 
b«ctidtt betiNwh^thtoiv Bm t^ iiiuxilt ^^f^i- UiA stM^ 



Aiifi mtM H^Mv^jlt. S!l 

hitdf ftti? j^ereinptoiayi I^ wa» eottdilfenal : ^* Bfd^ you 
eomz^keM tbea(6 ac^s ifri^ the tricky • ltfi»rt€lioug]it fatfom 
mi intent tif sdling the boD^es to the mirgeontf tot dissectiioii, 
or with some other fiur^^ ^ biteht t6 die Froflecutor iuK 
kMwn.'' This indeed wotiidcdinpM the P^cieeatoviopMve^ 
the murder was cotnmitted fot the j^ilrpose of faa&<&ig ^ritiis^ 
bodiei^ to dissection ; but lie miglit akd bririg iunnder it ii vesy 
Afferent p^tpoise or obje6t; fts, for estampte, tfmt iJrwas.dooe 
for the purpose of robfoety, Or to gratify piiVate Rnrenge. in 
the ih^^^r propositioil, howefter^ there was no aggraralaon ; iUd 
it was not said that there had been oaf c^spiracyy thai these 
murders were pirt of a system ; they were lahi as three 
tineonnected offences, committed at <&ifereixc tintes and at 
different' places^ N6w he pratyed their Lordships to ke^p 
in mind that mtrrder was not h^e any df the odier offbncbs 
which usdally occurred in the praC^tice of the Svpreme CSrfani- 
iiti GouTt ; it was one which, in every ease, when biougbt 
home to a pami^!, was vi§ltedwith th6 {richest poiiishmnt 
of the law ; and therefore it diifered (tata all die offeixceB 
to whicli it ias sometimes Ukened, and rkftiired greiter eantidn 
on the piart of those by i^hem it was to b^ itieil* As a^ieaUe 
to the casie of Burke, howler, three liititd^rs wbfe chkrged; and 
this charge was calculated in the mdi^t serioiur degree to prgu- 
dice^ him. - 'Each specific oiiPence, it might be silid, would lequize 
to be strpported by its own specific evid^^ce t but- it was im- 
possible to find any jury so dispassioiiata ai not.to famrow 
some light from the one to enable thbm i6 decide on die 
others it "was impossible for the jui^r to' separate the ert- 
dence in one case firom that in anotber; it was impossBde 
that ohe murd^ not proved eoold hb sepkMM froit any ii^ht 
thrown Upon it by anoth^ ifbt proved t t^i though neilmr 
the one nor tiicf^otfatrii^ht be pi^otred, tt^might «tiB b^ held, Aat 
npon iSttd whole, fieom t£o masefhig >or biending of ttnconneolcA 
acta, endttgh was made ^ut uy ^lirtatit li eoirriction^ And idl 
ftk was i^grftvated-by the prgiidioe acising fitdtn the tQattDtihr 
in which, the alleged murders were said to have be^ jcoihftfitted, 
and b| r^rd to which so aiirong a degree of elaoitenient &l^ 
fstied iii the puMic mii»EL Theni (Aiaerte Ae ^ppressim kt 
fte pr^j^aratbiit of-th^ tial-^ i^ikny^ Ifao .^tmiioariii wUeh 
ihe^pannets were jdaeed. lliiffei mtadati wtire chiiq^ 
ft fist of v^-ive witiiteBes i berides wtwa dodarfaikmsi fitelnr 
the one^ and two 1^ the dtfadf . ^ Oie teii, itr. ka^^. M «l^ 
ir9$ agunst ono pmso&^r) and A^ bdier tgaaiiit: khr.dAcr; 
bat iliTfltt In^dMe so ^ i^antttfyor to «ulljte ti» «19- 
dience iU ilik % Mnit 4g«llist Iht me etidenee^ #hacli:'tte 
eaKM^ t6 dftft tIbitMlMit mA ^Hm waUtg «#«iA 



:SS TltlAI* OF- WILLIAM fiUAXE 

mwBBiog together the whole^ into an unnecesMrv aceutnula^ 
doa of CTime» 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 oper^Mie still, more strongly againat 
:faer. 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 
-tiial, 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 Prpsecutor is allowed to proceed 
in this way, may he not on the same principle combine ten 
-murders against ten prisoners, accused of ten diiferent offences, 
.oommitted in as many dijfferent counties ? He submitted that 
'there must be some limitation ; and the question was, whether 
the Court could sustain the present charge by which one indi- 
vidual, «accu8ed o£ one offence, is mixed up with another, ac- 
cused of two, with which she is not alleged to have had any con- 
cern. 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. Ijt 
couM not be adduced as evidence against HelenM^Dougal. But 
suppose it was traced into her posi^ssion, and that a witness was 
caUed 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 opera- 
tion ; but could they strike it out of their minds as easily ^ 
'Out of their notes ? Then in what circumstanc.es would Helei^ 
t. M^Dougal be placed ? An article not libelled against her would 
trbe checkmate to her defence. She would be taken by surprise, — 
^sh'e would be thrown off lier guard ; ax^d although the gown 
. had come fairly and honestly into her possession she could pro- 
iduce no evidence to instruct the fact He put this as an il- 
vlustration. .So £|ir as the female prisoner was concerne^d it 
r would be fatal. 

' But was diis-a legal proceeding ? If there he a prejudice ex- 
:istiiig, the fHrisoner is entitled to the fairest possible defence. 
f The moie atrocious the offence, «the more ^uaxded and cau- 
'lioQs 'ought to be the-modes of . procedure. So far, however, 
'.asuhey could discovei^fiNim the records of the Court, this was 
etfaeihiBt case, in which it .bad .been att&BOfted to charge three 
;»ardeti^in'the same^indioitmeiit. ; Th^re had been several, in- 
-slances sf tlusee per«ons:alaui'at |J|e{6anie'time»a8 in the Aber- 
sdsenmtB, by;h'disobargeit]^f .musketry>;ABd:in the case where 
' JBumkf wi^jpmfmA :; ilww^ Jb^w^yex^ ,a« Mr. Hume 



observed, 'wer^ all parts of the sanie foul'fiiid'Stiocfeitt:onnce. 
'fiat there was no example, in the history^ of the .Ci>ui!^ .of 
combining tfarjee unconnected offences against one person^x'te 
' less of combining three against* one person* who was not aUeg- 
-ed to have any connection with two of them, and was.onfy 
^imjdicated in a third, which^had no manner' of< connection 
"with those which preceded^it. '' Sir George Mackenade,' who 
would not be suspected of any partiaUty to Uie prisoner^ ilaid 
down theprinciple most clearly, thai different parties ot^htnotto 
be* thus combined in an indictment. ^^ A person accused,^ aays 
•he," was not obliged to answer of old but for one crinie in 
. *' one day, excfept where there were several pursuers, Quoniam 
'• ^^ Attdchiamenta^ cap.€5. by which, accumulation of crimes w(^s 
"expressly unlawfii], sed hodie aliter obtinet, for now thieie is 
^^ nothing more ordinar ' nor to see five or six persons .in one 
" summonds or indictment; and to see one accuser pursue seve- 
' ^' ral summondses; and yet seeing crimes are of so great conse- 
" quence to the defender; and are of so great intricacy, it ap- 
^^ pears most unreasonable that a defender should beburthened 
" with more than one defeiice at once ; and it appears that ac- 
* " cumulation of crimes is intended, either to liese 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 
' calied uppn to answer to more than one crime in one libd ; 
since the accumulation of crimes was calculated " either to liese 
" thefameoftheprisoner, 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 onename 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 dependenbe ; and, thiidly, of that 
sort of cumulatio actionuniy which consists in the charging of 
' several persons in the same libel with separate and uncon- 
neeted crimes. • The first of these, he argued, had no relation 
^to the present ease, because it did not include murdar. All 
the cases referred to were cases of housebreaking and theflt ; and 
- though the former was a capital ofi^nce, yet it was a very dif- 
' ferent 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 ac- 
cumulation. They were parts of the same foul and atrocious 
-proceeding, and. they had a natural and necessary depend- 
ente. But in the present case there was no natural depend- 
enee^and not>even'mi allegation ^that the prisoners were .con- 
nected. * 



M TBJUt OV WltlLt AM WME 



it 



ib dnsn jnoeeeM t^ die coodidem^ pf lietfitos^^ 
dbaigiBB, Ba of murder and of ih^ Some of tbi^se, te md^ 
mm act cfan to he |bibic»d ill the |irea»^ (l«y: ^ Jk ia- 
efMiflod that of WeltW Bucbatoin, ifhe ve^ aceuadi^teo dif- 
tateatjoimm in one libel ; Bamtiy, fixcnraimng, attei^p^B i^ fic^- 
maiiigj altismpta ia poiion> dieft; isehet 9f theft, t)i^ bf^^^rimg, 
Mil^hoiiadnaig^ and maibtauibig.af diSeTes and robb^rm aommg 
jkd hivjrifli^bbKdc uafl^ andid^^ imdMiaiiff x)f eAi9 piso|ile% 
ahecp. ^eie,faowerar,.theI^]d9i!eiti!fa^^ 
Apodal duurgea. He now came to the piinet^o* nod m^oiied 
E oaie in 1784, whim the Loid Adf oeafe (tid dt^avt firom a^ 
▼end of the chaigea. In r^ard to KcciiniYdation of parties, 
iSau HuBoe put a case of several persoiie being caDed to an- 
awev in one libd for die same &ct ; but then,' obae^e the re- 
saecfy. >^On any occasion when ihey see cainae, eapedaljly if 
^ it appear that toe ProiBecutor meent to lay the pan^els u^der 
^< this disadvantage (hebegged to (SaclwQ ^ny iji9inuatiQn that 
^<4Biich was the intention of the Prjoseciitor in ihe pies^nt in- 
f^ stance,) the Court may and will separate the trials of the se- 
^^ tend cnlprits, and send tho$e to an assize, in the first place, 

by themselTes, who are meant to be called as witnesses fer 

the others,^ vol. ii. p. I70. The learned Counsel thm 
pooeeedBd to Ae third sort of cumtdafie actioammj .fhat 
of jehai]gpBig several persons in the satne libel with sep^prate 
and iinconiiected o£^c^, and contended very ably that the 
case before the Court fell unde^ this description. 

In cfrndnsion, he referred to the English practice as illus- 
trataye of the princtpfe for- which he had been contending, and 
xeftzred to a decision of Lord £iUenborough, as reported in 
dampfceU, Tol. ii« p< 131, and also to the authority of Chitty, 
▼oL i. p. SSSfl. By the law of England, two felonies may be 
oomfaine^ in one charge against* two separate prisoners ; but it 
b jaanal &r the Judge, in his dictjOr^tion, to call upon the pros^- 
imj|»r to' malb his election, and ^0 proceed with a sped^ 
dbarge agamst one indtvidnal. ' In point of law they' may b^ 
x^otaU^ed^ but the jndgesf in ^bi^ix ^^idtion ^ep^at^ theni .; 
and i&ardiis Toason among olbhers, thajk the combination wpuld 
-^J3idice piasqoens in their .diaJtenge pf jthe Jury. 

/The ZiOED Adtoc AT£ replied at ^pme length. After .compli- 
menting the learned counsel who had jusit concluded, pn |>he 
siAe manner in which he had dpened the objections submit|:ed 
to the consideration* of the Court, he stated tha.t he jlliquglit 
them ill:.{bmided. His learned fri;^ mixed tip two olg^ctiQ)!^^ al- 
together .different His first i^bjectow W9s to bringing two pri- 
acmers totrialin theaameindiotment, and In^ second j^pjcharg^ig 
tfaxee different crimes in that indictm^t. He woidd deal very 



AarAj mJkh %l» SxsL The woof an wadchftriped as fiaving 
heea concenied with the' man m one of the three munleffs. 
And this wm sanctioBed by the hw of the land. He put 
her in the indiotmait that she might nt>t be prejudiced. If 
she had beea put into a separate indictment, the public voiM 
-have Jknown the whole eviddnee before she had been put upiDA 
her tnai, and the prisoner would bave had- the best possiMb 
reason to complain* TUs woidd have been tbe tase had he 
first brought the man io triid, and afterwards A& wofllauy ad^^ 
ducing against her tbe -samC) or nearly the same evidence j 
which bad previoiisiy beeu adduced against tbe man. It was 
to obviate this, andrto^ prevent her from being prejucHeed, that 
he had put her in the s^me indlctanent. ^^ God forbid,^ said his 
Lordsh^ ^^ that any person holding the sttuation I do, shouM 
do any thing to prejudice a prisoner on his truit.*" The very 
contrary motive liad guided him ; but if he proceeded not 
against die woman to day, he would ten days hence, wliai 
she could not insist on that which she now says will prgudM 
her. Nor, in a case of this sort, would he be restndtiod fiwm 
doing his duty to the country by any ccmsideratbn feund^ 
xqpon what were calle4 the interests of science. It was enough 
for him that a great (simehad been co^imitted; a crime uili 
heard of before in any civilised country : that the pwblie 
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- smd sift the whole matter to 
die bottom ; nothing should ^eter him from doing so ; and 'he 
repeated, that if he was cbnfpelled to desert the diet against 
this woinan now, he would infallibly bring her to trial ten days 
hencei Then she would find whether she had been prgudiced 
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 ag- 
gravation. These murders were detached, as having taken 
fdace within the last six months ; but they were all commuted 
in Edinburgh, and all were charged as having been perpetrated 
with the same intent, which however is no aggravation. Mur* 
der, indeed, could scarcely admit of aggrava^on. When a 
prosecutor libdb a positive intent, he is tied down to that, and 
^rc is no alternative. These cases ware all of the same descrip- 
tion-o'^ murders, smd all committed with the same intent. He 
Jidmitted, that hxdwg to the proceedings of the Criminal Court, 
it might be impo^ble to find a case of three murders combin- 
ed in one indictment ; but the present was a case unprecedent- 
ed in the annals of this or of any other civilized coun- 



4 
I 



3& TglAt OF WIlULIAM.BirKKE 

try. There were nuineious famtoples^ hdweTcr, where WU 
ferent chafes were Gontlniied ia the same UbeL The pMfi* 
age qi]Ojte4 60m Sir Gneorge Madara^ did not ^pply* ^ 
^e oase before the Court. It refored to a caap <^.a &»- 
taie totally different He then quoted Huae II. 166,. and 
mmitaiDed) upon his authority, that the crunea charged be- 
ii^ all of the same name and species, mk^ht pix^rly be v^ 
eluded in the game indictment. It would indeed be jdread- 
ful if a prisoner, after, having cpmmitfeed ihree miurderfi, 
could only be tried for on^ ^ Aem; . Mr. Hume referred 
(to the case of James In^i$, tri^ upto three dbarges of 
horsenHiealing, each pf which, if prayed, mvolveda capital 
punishment. N0W9 wopid not e^eiy argument which had 
been employed against the present Jibel apply to such a charge? 
Again, two acts of highw^ r<dMbeiy were charged in the saine ' 
indictment, any one of which wp^ hayejbeen 8ufficieBit,/]f 
pcpyed, to lead to a capital conviction* .The wh^ tenor of oi|r 
i^(!tiee,^ indeed, confirmed thils^mode ofiprpceduie^ and, if the 
e^trary'obtained-^if chargesgf the same nature awi descripttoil 
«er9 put, in separate indlctm^nte) prisoners would be exposed 
fio the intoierable hardship of und^gomg Itrial day after di^; 
A. hardship whidi be conceived woi4d be incomparably ^aber 
iba^ any tiiat could poseibly arise, from the practice now ^aam^ 
plaiiied o^. 9e then refened to the case of Naime and OgiL- 
vi^. .Here it had beeaai objected that th^i^was t^cuvmli^ 
d^tiiofiiim^ but the objectionhad been repelled. His Lordsh^ 
|;h^.dted the eapie of Jw^ Mort;oil tri^ at the. Glasgow Cth- 
pxd% In .1328 on four separate acts ; of I^onaUtBon Buchanan aka 
tzj^d th(^re far steuliirief, h^usebi^kitig and theft (all sg^arate 
fiet^) 4 lof Beaumpnto tried at Aberdeen in 1826, where sis acta 
of Woehreaking were charg^ ; wd o^f Gfllesple, triedAt Abei:*- 
deen 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 ait 
the short interval of an hour, but 1 still in all respects com^ 
plot^iy separate acts. Upon the strength of these ^conseculive 
fmthoiities, all ^f which jfent to support &e prmciple finr 
wb^ he. contended, Im )Li(»dsbip submitted that the oiyection 
pught to beorepeUed. 

ThfB J)«AV OF. ,Fa^uj^t>i, . injreply to the Lord Ad^rcicate^ 
argued powerfully, in supportffv the Tiews whicfb had been 
opened by Mr. Robertson. His Right Honourable and I^eamed 
]f riend (the Lord Advooaie) might rely upon it that, on the fttk 
of the prisoner's Counsel, no 4?ubt wjiatever was entertametf 
of ibi^ perfect projMciety of the motive by whjch his Lcyrdship 
had heeo actMated in framing the present mdictm^;:.tbejr 



were' eoQV^^ itltet he kad prepai^d Wd brotight! forwatd tke 
ctfse in the nfaaon^ wkkfa he ooneeived leasi lih^ to imjit- 
chce tfi6 prisonen or to dhr^pacl them iti their ddfcHee. ^t, 
ob %h^ odier band^ he CfMild widi equal truth and rincerity as- 
irtoe Ms IicvdBhip, dilit the lAxfectioii iiow fakei had Been 
takreii ftom a firm cdniiecicm tbAt the sustahihig of it was ^ 
cessary for the sifety d the I#w^ and indiffpelnsable to die enfds^oF 
jio^ce. It had beeii said that the lieeiaioa^ of the Court dught 
<to be adhered tOy thai its practice ought fioi to be iu^ged 
upon ; aud vet it iraa admitted'^that the present was the first 
case which nad ever occun^d of three separate acts of murder 
being combined in; the saihe indictment. In this i^ituatioit, 
then. Were their not justified in i^btnitting to the Court the 
dl^ectidn which had been taken upon the ground of'thi^ uii- 
{ireeedi&nted combination ? The Learned Lord had intimated 
' sOi intention to desert the diet pro lodo et iemp&ni against the 
pannd M^Dougal. But the question still remaitted whether 
the interests of the male prisoner 'wouM not be dbreadftiny ^r6- 
judiced in his defence; if put upon his trial for three separate 
ak^ of murder, committed at aiflkieKt times, and in diflbrent 
pilaceft. Now he contended that the present fbrm of the in- 
(ictment was adopted to eS^t ah iUiegitiniate object: it yas 
eidoilated to lead to great injustice to the prisoner. What 
ihi^ Prosecutor insisted on passing to a Svry was an iftdiet- 
nllettt bhargii^ diree ^stinet murders : he aveited that there 
igfete separate and unconnected acts of this crime ; and he as-' 
sntned that there was sufficient prbo^ to bring thi&m home to 
^the ^soner. But every man, whatever the number of 
ichiirges against him might be» was to be held and presumed 
to b6 iiiiiocent tiD the contrary was proved, and a conviction 
obtmned against himself. There might, or there might not 
be suffidient proof to convict him ; but he contend^ for the 
Iienefit of the ordinary presumption. " Give us,** said 
>he Learned Counsel, ** the benefit of thiii presumption, 
to which we are entitled, and then let us see how the case 
will stand.*^ In the indictment before their Lordship three 
murders were charged ; murders committed at dilFerent times; 
piurders of different pennons, totally unconnected and living in 
^ifiTerent places ; and the last of these was stated to have been 
done in conjunction with a ttf^ person who had no connec* 
tion with the other two. But if the Publjc Prosecutor were 
in a situation to ^rove one of these miirders, 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. 8up^' 



pbse evid^ee wetfeliirouglit ta provCf the £i!^t,' but toti^y fsii-«T 
ed) and the second, but ab0 failed, orat least left th^nf in 8Uclr) 
dombt thata yerdict'of dot guilty 0t not proveit wbnld havei 
bieen returned if they, had been tried i^parately ; nobody would j 
maintain that a fal«e or improbable charge pnightnot becoift9i 
a make-weight in the evidence to prove !a separate and. distinct t 
m^^der. The prisoner nfight take hia trial on a combi*^ 
nation, of such charges, but unless' your Lordship interfered' 
ew ^artejudMs^ the vemilt would be what be described; Tbei 
prejudice arose from this taUa gtmlU accemon^ not proved,. butt 
assumed; and from the prejudice dius credited tie prisons, 
might be convicted. They could not lay the present indictment . 
before a Juiy without necessarily "prejudicing that Jury ; and ; 
yet the Lord Advocate came forward and alleged that be . 
thought the whole objection frivolous and untenable,, aaying 
that it was an attempt to smother the indictment altogether;^ 
thatis^ he called an objection to an indictment, which did 
not contain a specific lulegation of a specific crime, but a. 
congeries of offences huddled together and charged moiMi»^. 
fdoj an attempt to smother it! How smothered? If the 
the indictment was improperly fnuned, if two or three chargea. 
were crammed into it instead of one, the prisoner waa» 
entitled to have it smothered. He was entided 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' re- 
ceive, if brought forward iii 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 P 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 
Ae same; in fact, the loci were as distinct as if the one crimchad 
b(}en committed in the Canongate of Edinburgh and die other 
in the remotest comer of Scotland. In popular language and 
pc^ular conceptions, they might be held and represented as 
the same, but this would never do in matters of law. liiey 
must have the Iqctis strictly libelled. Nor was the time the 
same. The first vr,as committal at the distance of six 
months from the second : the firi» 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 
€mbi in regard to one of these crimes though not in regard to 
the other.' But, frirther, the acts were different. It was in 
vafai to say that all the murders were of the same genusy iot . 



il^^ B9i^ be ^mi^ of nH tM. miiiiksn ik^ ever.liad bem 
Qp.pvj^r.wi^uld bQoo^mUtdd ; ;i^ on tlie. face. of the indicst* 
mfflit they were all different. , InfJie major propoaiftion no ag- 
mmdon jmVibAhdy but U yfss said thftt all theise murders 
pi^been oMnmitted with the;ii»tent of disposing. of the dead 
ladies to the Su^geons^; or with some other puirpose or iisleat 
to tt^e Prosecutor ui^knpwn. Did the Leanied.Lord mean t6 
say that he iirould fail if he did not pzo^e, this intent? But 
diat purpose was a sepavate crime, as was sufficiently raanifiest 
£rom the late, case (among others) of Bsadwell at Glasgow. 
It eoul4 not, Uierefore, be maintained that he would. faU by 
not pvoting the intent— by not proving a dilfacpit erime from 
that libelled. It was p^r^ly plain- Aa% it was competent to 
to prove the intent, but the. not proving it could not in the 
least degcee affect the libel. The oime consisted in the wil~ 
fid nmrder ; and unless the motive amounted to a justificstion, 
^T an alleviation which reduced it to culpable homicide, the 
intent would be infierred from the ftct, and the highest pu» 
nishment of the law would follow a conviction. The. evil of 
an indictment so framed as the present was to produce an iU 
iegitimate effect by this combination of intention or. n^otive 
with the crime charged. The intent charged might have been 
laid as a separate offisnce ; but had this been done we should 
BOW have been on a different objection, namely the compe«> 
^ency of such a charge. To these principles in the abstract, 
no exception could be taken. Now, the Court would const* 
der the situation in which the pannel was placed. He had 
been put upon his defence fifteen days after nis 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 post> 
poningthe 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, Jby lumping to* 
gether separate charges in the same indictment, was in his chal* 
lenges of the Jurymen. It was evident that the primner had 
an interest that way. He did not know who the Jurymen 
were to be, and of course coidd 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 indict- 
ments 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 
ease and not in another, just a& #ne witness might be perfisct;. 
ijr unexceptionable in one case and liable to the most seriAus 



80 TftlAi dp ^itiAJi n^tME 

WlrriiiiroMMiMi^iift MdAi^; tli^ co]ftefKleB/!A[eiMSM, ^tti 

Millie ^IsMMed Gi^llenlsit Afeii ib^fbied lo tbe ftilltibritifesL 
Ht begw 'bf €9ifinitotiiig m Ae {MMsage wbieii kid b^eit 
^^mnd^'fr^n 8^ 6(Mgi6 MackeioieV^iv^clr, he cdntisMed, the 
&M«I ' AdvbcAUr tad murabdemtooa^ as H was ijtiite evkTent; 
ttMt Oi^fgrt Mac&CTcie tised the irbrd ^ muiimond^^ as sjrno- 
I9«u)tt«'ii4tfa *«1ii^etM6hl,'*' j^fACB ait **aK?euiimlafi^ 
dif# Mifij^l trfaatCed ^of^ edtild not bl; preficated'of a Kchnittotis 
in i lbi» oMHtt»6il^ ndeeptattioli of tiwt- term. And the dottnae 
kMdoim by M9 miiidi' vavtfaM ait *^aecuiiiiil8ti(m't>f crimeif 
Wi»f«iidiM;> eMiei' td loetee^ the faiAe of ihe defender, or to ffi^^-^ 
tfifct'liilAtin hk dde]|<«e.^ Now what -did tlie Lbid Adtbeatb 
mfiM 4a»t^ to iiSs P He referred to a passage in Mr. Ba- 
fOfi' Hnm^^s tNfrk where thdt learhed ^person says, thaf '^^the 
Mib]Mllfnef has never b^n disputed of charging in one 'fibel 
My Iranfter oiP criniinal acts, if -they are aB of onenatiire and 
IfMitiefe,^ eyefl^of one dass and genera! description.^ Biitit 
wibi'«vidk»t that tile offences of which Mr. Hume spoke were 
af ^^cttfl^ieiM description from murder ; for he expressly added 
tbt qnsMiMioa, '* so as to a^eve in -this point of View; and 
Stampa^ character oik the pannel as one who is an habituid and 
iffectakitaUe (lender in this sort,^ (vol. ii. p: 166.) And ac- 
cMtfuq^Iy fbe instances Which h^ gave were of the 'crimes df 
dteft i«d house^yreakil^; crimes which were susceptible of 
"'^g'^grAvated by habit and ^ute, and of whidi the pu- 
ttiriinent might berestzicted. But murder admitted of ho iudi 
igjgratatibn, and never was restricted. Hear, however, what 
Mr. Hmne smd in reference to those cases : '^ The Court, 
whenever they find that the immediate triid of such mani* 
ftM dhai^es is likely to prove opprescdve, either to th^ wit* 
Msses^ the- Jury, or themselves; andstUlmorej if they see 
eiaM0 lb belieee thai U map embamm the pannel In his 
defmeej 'w begei prefjudices against him in the minds of 
ike Jttrg ;«-4n any of these cases, they have it certmniy in 
dwhr pow^r fo'divide or parcel out the libel, and proceed in 
the first instance to the trial of as matey of the articles as may 
fitly be dispatched in a single Set, &c.'" (vol. ii. p. 1 68.) The 
eases which occurred in 1696 might, however, be referred to 
in support of a ctetrary doctrine ; but **' if they are, I answer'* 
and Ae Learned Counsel—'* Are your Lordships prepared io 
do what was done in those cases ? Are they to rule your 
iiordihips^ decision in a case withoift any precedent whatso- 
ever P^ But even these did not bear on the present irase ; and 
mtio advcMb to the principle had occurred since the year 1784u 



Evea.jdie case of 1784 it^f was n^ft oppoMi toihe p imcifht 
Tkerci there was anuecti^iL The cuse ef Surndgeand 
Oempstar waa meittioped as « case .ef two nuadera^. aa n 
case wheoe mow than mie snacder was.chaiged. mi the Jjadiot- 
inent ; but these ware deadly partes ^tudem fUN^{ i th^ 
were oemmitted in iinmedittte aequeMe and in fiirthenioce .af 
theisame *^ foul and fttioeious. de«gm.^ It waa qnte "phia^ 
therefore, thitt the cases duotcd did not apply ; that they had 
Ao bearing whatever oa ine fasese^tDcase, idicro three diftvsHt 
^nd uAConneoted murdera were ehorged Against die ■aaneindtn- 
^^^t aud where another pa0(y was^mised.'up.with.him.in sMetff 
the alleged dimes.. Wiete they not «ntitledy ahen>' to task thak 
JiOidisbiyis, in the m&twe of a sMnd 4isoretion,i (aKhieh it iw^s 
i^ denied.th^ CtHrt possessed). ^ ibt idrvide and paacd)0iitf* 
tbe ioWirgefi jp this mdidment, and to find it inaaBapetent to 
go<0 iridupen il^ .as it presently, aloodi^ The LaaBnod^jGoiuMal 
jljhen adveitied to the stale of ihe law <of England asi Am sitfi- 
ji9ct,.cainmentmg en ihepassage quoted hyJMbr. Bohatsoo horn 
^e norkiof Chitty> and.oenchidedhy observingihat Aiswisa in 
;kU respects^ SM^t serious <»as» and desenrMLthe^utaost-at- 
4aitien dT Ai/e Qomt- No instance of thaee nurdam akaggad 
iH.oneindibpt^iQat had happened in his. time; many instanees 
hadjbdeed ooeuired .in fonmr times; jnet it 9iad «eaec jbesn 
ibe pi9ictioe to itry the ehsiget t». cimMh. But 4he auafe 
iimmfii»m and unprecedented the caas, , the tnaaa a a csssai y 
ffmik to ^e .ends of justiee, a«d the more, impertant to ihe 
laif , ii^ it ^ofid be prooeeded in with ihe sitmaat cauimu.i 
; ..Th^klj^j^hips then delivered jtheir pinions «oniim 
je^jon wh^b had been raved and so iaU)r a^gund by .the 
aa^ey:^ /^^eunadL 

, , Iioaa Pijr;m'j.i>r.r-The douct were, peculiar^. 
At^ped m bei^g eaUed npoa to gi^ an opinien on. an 
indi^^ent. M a casCf part of whidi must uoqiieationablyuga 
io trial; He was quite dear that one of the charges inuat 
j^ndergo m inyea%atba ; that die trial to that, eaaent.muat 
pfOPe^ . But Counscjl were by no meaoa preehidBd ikam 
Btatii^ the olgentien they had brov^bt forwaady and whieh, 
fippearing to. them in the. light it x]id> it . became ihear duty 
die. press upon the attention of AeOaiart Hiis aamcdingiy 
thej had done with equal aeal and ^bils^^ in la manner 
which did )bonoiir to tbemaelv^s^ an^Dafleetod.ereditjon ibe 
Binr <of Sootlapd. But it waa d>e duty of the Cmnit -to be 
c4m and guajided; to ea^piress their ^opiniens an nj^tgnified 
9pd dispaasicfiate manner ; and to avoid i^y fthing which mm 
t^her calnA^. to. imiefetle t^c^eMaUidied pnncipks «f iithat 



92 TSIAL'OV'Wlitljm Btrtafi 

I 

lair, or to form !& bad pt^tedknt'fot tlie future. He agreed 
that there were two ctifierent questions hetbre thd Court ; 
the firs(t of which wm, w^her Helen M^Dougal'ougbr to 
have been included in the mdictment. • And oil that pohit 
he had no doubt of the Prosectitor-s right 'so td^i&ekide her. 
'He approved of what the Lord Advocate had don^, and he 
had no heshalibn in siting, that the trial should now pro. 
oeed. The othi» question W4»- of a veipy different nature ; 
namely^ whether it was 'Competent, and also whetiier it* was 
poper and fitting, that Burke shodld now go «o trial 
upon m indittment, char^pbag three muiikrs, or should be 
tned on one or other of these charges. Of the lionipe- 
't&BL9y he had no doubt- whatever.* His LcArdi^lnp was mueh 
'struck with the- indictment ^ben he -first g«w it, and he Mt 
it to be his duty, as it is alw4fys the duty of liie Court on 
such occasions, to inform Ins mind in regard to the princi- 
ple on which it had been framed. He went to Ae authori- 
ties on die^subject, and afUar a careful examinaticni o( thm 
he had no doubt of the competency. When he locdied at 
the cases of Beaumont and Gillespie, par ticularly the latt^^ 
where nine separate acts of fofgery were chaiged, lie 
could not have the smallest doubt as to the competency 
of including these several diarges in the same indK^ment. 
Our piirtctice on this point was too firmly fixed to admit of 
asay qusttion, that one individual may be chained iirith se- 
veral crimes of the same nature, and committed at different 
times. The English cases referred to he put akegt^tlito out 
of view, because this was not a new point, now nl»ed' for 
tSie 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 
4dfear as to the competency. But where it was a questimi of 
discretion merely, and where that discretion, as in the present 
case, was stronglv i^pealed to, the Court Would interfere, be- 
eause it was their tbounden and sacred duty to prevent a pri- 
soner fron^ sufSaring projucUce in his defence. The present 
prisoners, by their highly respectable Counsel, declared that 
they would su£fer 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 prisons. In his wi- 
nion they were more advantageous to the Prosecutor. By 
this means he learned how to conduct iuR 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 hnn, therefofe, that what the pannels asked for by the 

5 



jtiVB.nmJSs^m^Bon&AK,' 3S 



noiidM ofthdfar awinfld, was^cakulated to dd them tninre pre^ 
kiddce diansttbiaattmg togo.to tiial: upon. tiie. indictment -at 
]| now Jtood^ < But they ^ad^oiibtiees been well and judici- 
cxkBij adfia^v und tvere ; jpepaxed to . take die - ooneejqtiences. 
He^neld^jioireTBr) that the Pioseciitot had'cbne rig&t%«in« 
duding tbodi; of them in the same indietsomnt^ and that by 
doing '8Q he had taken die .only and: most effcNitiial ^mea&B in 
his power net id ipfeejudiceithem eiAer in preparing fbr their 
defence oiQtt theiB 4naL He wdljcemembeMdaeaaeiBrwhich 
the danger^ 5. disjidvanfage, ai^d adiuniiAttendipg eonsectitiTe 
trials; were atnkinglgfs exemplified. ..i It- 'hajppened^ifi- «Mise- 
foenoe of tfie Abevdeen'riotsv. and. the partdea weM^ brought to 
tijaitat the histanee of: a ' nrtvate < pxosecatmr. His • Lord$hip 
wasi ooonsel for.the padndus^ and they ^eie aofsitted.- - Not 
aatififiedvuvith thiB,;howeTer5 tbeiprivate^'proaeciitorieared^up 
a nek^ indietnient unen new grouods* And ' he coidd never 
fezget the feeliiig which was ezoited, by this attempt* to bnng 
thvpavtieBBCquitted taa second (trial, in ithe Cotart, the Bar, 
amlthe.oountvy at lacge; there was oae< general cry of -^indig- 
nation.againit a proceeding'SO shatnelegs andoppreasiwe'^^'the 
eonseqneiice of which was, that the private prosecutor ^beeame 
alarmed, aiid>the atteknptwasvqiuMhedt • This waa^Ae natu- 
ral eooEse of things. . And, in general^ it was .lenity,|and huma- 
Bitir,.And jnatioe^ to inelnde all such xBases in the same indict- 
ment.^ . In the present instance, no result sueh ab ' that which 
took friaoe ,in Aberdeen was to be feaaed; . But the- Ootnrt 
being clearly vested with a. discretion, and the pannehr ha#Eig 
strongly appealed to that discretion, it was his opiniont-that the 
eases should be: tried sepaiately . ^ i ^ 

LotRD MfianowaAHK entirely oeciuredin the.^viewiB of 
Loid Pitmilly.' The nature 'of 'this case and the impression 
xt.faad produ^vupan the public were such, that itre^^uired 
the most cardbl^aacd anzioitst consideration ; 'bnt.^he was«con« 
ident that Ae more liioroughly <lheir Lotdshipe. were' con- 
vinced of die ouatklgatatexif. excitement in the public mind 
• doncerningi it, the greater ^wendd be their anxiety that the pri- 
aenlers suffered nopaejudiee on their trial or in their defohce. 
The <)uestioD here ^as one of very great and general; import- 
anoe.. . But ifit had been entertaued oti the questionvof^^eom- 
.petency, it would have shaken the whole system of our crimi- 
minal ptacednieb Our pradice ef aoeumuhting a numb^ of 
efaargea in the aame indictment had been steady and toutlbrm. 
With .respect to the eerher eaoea referred to, particiilaiiy that 
in 1606, Jhe^muit ^say that he could not tot hia-sotd cdlmprfr-* 
bend upon what grounds the coumd for the prisoner had at- 



31 TRIAL OF WILLIAM lUKKX 

tempted to inYftUdate their sutfainity. The pnticahDr cue 
lefmed to occuired after the Rerobitkniy when the Judges . 
were as great and eminent lawyers as ever sat in that Court* 
But in order to show the unifinmity of the practice, he needed 
rM, go fiurther back than the case of Mnrdiston and IfiUer, 
where seyend acts, committed by diffisrent individoak in di£> 
fisrent counties, were put into ^e same indictment; yet not 
one iota of an objection was urged against the proceeding si- 
milar to what they had heard to-day. Our own practice, in 
cases of forgery, which was a capital crime, left no doubt up- 
on the matter. Several acts of this description of crime were 
constantly charged in the same indictment — ^In cases of rob- 
bery, it was not competent to libel aggrayation. The Prosecu- 
tor 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 fiU the same situation, which his 
learned friend (the Lord Advocate) now held, he had directed 
an indictment to be raised to try die 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 evi- 
dence and before the same Jury. It was competent where 
there was several acts of robbery charged against difiPerent in-- 
dividuals ; and there was one case of a father and a daughter, 
where the daughter was charged with two acts, and the father 
with aU 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 ex- 
ercised theiT 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. 

Lo&D 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 jthere was any thing absurd or un- 
reasonable in the request which had been made. 

LoHD Justice CLSBK.^-The only question here was as to 
the competency of the charge against Burke : for the Lord 
Advocate had mtimated his intention not to proceed at present 
against the woman. After listening attentively to all that had 
been said, after cpnsidering the authorities, andrecollectbgsome- 



ASH HELEN H^BOUaAL. 8S 

tiling of the practice of this Court, he tliougfat the in^ctment 
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 inchctments 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 be- 
tween 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, how. 
ever, had a discretion, and where it was appealed to they would 
exercise it. The Court had even found an indictment irrele- 
vant where it was strongly alleged by thepannel that he would 
suffer prejudice were he tried upon it in its actual shape.*- 
Upon the responsibility of the respectable Coimsel, who had 
Btated that the present prisoners would suffer prejucUce 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 
dioose 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 indict- 
ment 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 LoED 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 LoED Advocate. — ^Tbe case is now completely 
changed. My former statement was made upon the supposi- 
tion that the trial as to Burke was to proceed upon all the 
three charges at once. 



1 1* • »^mm^'* « ' 



Sfi 



TRIAL OF WlthlAM BDBVK 



The f fl$oi?fer8 on Vmg ^ad by the hoti Jpiic^ "Clerk, if 
they were gaiUj or not guilty of the pnm^ ^^Tg1»d in thp third 
article^ of the Ipdictment^ each ai^wered " Not guilty." The 
folloidng Jury Were then. chos^. ........ i.. : 

t 

Nichol All^, Manager of the Hercules Insurance Company^ 

Edmburgji. 
John f aton, BuiWer, do. 
James Trenph, Builder, do. 
Peter M'Gregor, Merchant, dq. 

JITilliam Bonar, Banker, do. 
ames Banks, Agent, Leith Walk. 

Jaines Mellfe, Aierchant, Edinburgh. 
^ "John M'Fie, Merchant; Leith. 

Thomas Barker, Brewer, do. ' 

Henry Fenwiek, Grocer, Dunbar. 
. . Vmi Brash, Grocer, Lehh. 

P^yid {luiiter, Iranmonger, Efinbiaii^. 

Robert Jeffrey, Eiigraver, do. * ' • . 

William Bell, Grocer, Dunbaif. 

William Robertson, Copper, Edinbuygk 

lirst JFUmss cidled fbrfte prosecution, was JA&tfiS BRAID- 
WOOD, of the Fire Office EstublLshnrent, wjio teing 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 linder ground louses ? X, 
It^s, ... . ^ 

Second Witness, MARY STEWART. 

Q. Do jFOu remember a person of the name of Campbell, co^inff 
to live at your house during last harvest? ' A. Yes, Sir, Miphael 
Campbell. 

Q. How long is it since he left your house ? A. On the ^pn- 
day before the fest day. 

Q. Do you remember a woman coming to your house to en- 
<[uire after him ? A. Yes, Sir. 

Q. By what name did she call herself? A. She called herself 
Madgy Campbell, and also Duffie, whidh she said was:the name of 
\i,&t former husband. 

Q. She came from Glasgow ? A. Yes, Sir. 

Q. Did she state $he came in search of lie^ son ? A. Yes. 



V 



^TTIKirV.'fl TTATTSV 




▲VD ttBLKK M'BOUGAt. 87 

Q/ What time did die leave your house ? A. I caine out of the 
Infifmary on- Thursday; and she left me on Friday, the dlsf 
October. 

Q. Did $he toll 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 1 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 
PoMoe' Office ? A. Yes, sir ; it was on Sunday, two days after. 

Q. Could you recognize the body ? A. Yes, Sir. 

(l. What dress did she leave your house in ? A. In an old 
dark printed gown, mueh patched, short sleeves, opoh before, sew- 
ed with white thread in the back ; black bombazet petticoat, and 
red striped short gown. 

Q. Would you know theiSe things ? A. Yes, Sir. 

i These articles were shown to witness, and she identified the 
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 Httle 
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. 

Third mtness, CHARLES M'LAUCHLAN. 

Q. In the month of October la^t, did you reside in the house of 
Mrs Stewart in the Pleasance ? A. Yes, Sir ; along with one 
Michael Campbell. 

Q. What tmie did hd 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 shQ qame 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 Donegalin Ireland. . 

Q. Did she remain some days at Stewart's ? A. Yes, Sir. 






88 TJ(IAL OF WltLIAM BUAXE 

Q. What time did sbe leave ? A. She went away on Friday 
the Sist October, between the hours of nine and ten in the mor- 
ning. 

Q. Did you. go with her ? A. Yes^ Sir, as far as my own shop 
door at the foot of St Mary's Wyndi where she shook hands with 
mo. I asked her where she was going, and she told me die was 
leaving town. 

Q. J[)id she appear in good health and sober? A. Ye^ 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 hor. 

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 hor 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 Portsbuigh ? 

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 re- 
collect a woman came to the door, and askedcharity, on Friday 3ist 
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 re- 
collect Q. What happened after that ? A. Burke took her away 
with him, and said, he would give her her breakfiBLst. This was on 
the Friday morning. 

Q. When did you see Burke after? A. He came back on Sa- 
turday, and bought a box. 

Q. What sort of a box was it ? A. A tea-box 



XSD HELSK M<DOUOAL. Sd 

He was' shewn a tea chest, and asked, if that was it ? A. Could 
not saj. 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 
fertherin? A. Yes. 

Q. Does that door lead into a room or a passage fii^t ? 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 sec 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. VVhat time of the day ? A. I made no remarks. 

Q. Did you, see any one with him ? A. About midday I saw 
bim 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. W*as 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. Yea. 

Q. Did you find any one there ? A. Yes, the said woman was 
nttipg by the fire. 

Q. Was she doing any thing? A. Supping porridge and miik 



40 TEIAL OF WILLIAM BUBKE. 

Q« How Was the dressed? Sliehadno gown on, sheflsidlier 
tluDp were washing. I saw nothing bat her tHaSt, and someihiiig 
tied on her head. 

Q. Did yoa see any stranger there ? A. No. 

Q. Was Burke's 'mfo there ? A. Yes. ^ 

Q. Was Burke ? A. I dont know. Tou have got a stranger, I 
said. Yes, said M'Dongal, we have got a fiiend of my fauriund's 
here, a Highland woman. 

Q. Was the strange woman sober ? A. I dont know. • 

Q. Did you hear ber speak at that time ? A. No. — I then 
went back in the dark. 

Q. What happened after you went into your own boose? 

A. Burke's wife came and asked me to take care of ber door 
until she returned, as she was going out ; my husband was sitting 
by the iire, and after she went away, he said be thought he saw 
some person going into Burke's bouse. 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 tbougbt some 
one bad 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 bear about ber son, and she want- 
ed the name of the land of houses, that she might return, as she 
said she had no money to pay for ber bed. I told ber she need not 
go for she would not find ber way back again. She said Burke, 
whom she called Docberty, had promised ber supper and a bed that 
night. I told her if she went out the Policemen would take her 
08 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 mj husband about Ireland and 
the army» in which he bad been. 

Q. Did you ask bow Burke and she bad become acquainted ? 

A. N0| but she said she intended to stop for a fortnight. I told 
hori her landlord's name was Burke and not Docberty, but she in« 
sisted it was Dochorty, for that was the name be gave himself to her. 

Q. What name did she call herself to you? A. She called ber- 
self Docberty in ber own name, and Campbell as her husband's. 

Q. Did any other persons come to your bouse shortly after? 

A. Yes, Hare and bis wife ; Hare's wife had a bottle with ber, 
and be 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 busband treated 

ihem. 

Q. Did the stranger get any drink? A. Yes. 

,Q. Were they merry in your bouse. A. Yes, Hare was dan- 



L 



dug oh ihd'floorvdb''w^te Shti Cdinjpbdll dhd ^i^^Btltl^e-; CampMU 
was barefooted, apd gojt a scratch on the foot with th^^faiblti HareV 
dide^, bf which she ebiripldnlda; Ibtit sli^ wqsi-oaiCT^I^ verjr w^. 

Q: Diaibby'iyareybufho^se'togtethei'? Av No, Jllk^ Ceimf' 
bell said jshe would not ^p till Docherfy, metty^'Blti9cd;-&iiii^ hi: 
I ihsistJsd' on h^f go^g, l)tltsh^ b^e the not be' ^6l to a stfangir. 
Shortly after, I told her therQ was DochertynoWi arid she rbs^ and^ 
ibllb^ddhito; 

Ql Af WHaf honf S;rds tHife? . A. Tflimk il Was betwewi 1(^ ail4 
H at nig^ti She went towards Burke's house. 

Q. Did you sleep that night ? A.' No, what di^rbed'nie, watf 
Btlrko and Hiare quan^^lHng. Thtay appeared' to be'ilghtft^.' 

• Q. What hohr did ybu' get up in the mottling?* A. Igotup^ 
botweto tiiriee^ and' four, but went tobed agahi/ and got up aHog^ 
th^ aboiit e!^t' o'clock. 

,Q. Whom did you see first ? A, I heard Harel^ wife b^the f^ 
81^ cc^Qhig to Mi^ Law, who was thea in our hotise, btit^ file did 
not answer* 

' Q. Did any bthef' person ddme* to your' door ? A; Yes, 'a girl 
afterwards came inquiring for John, who witness underst6oi<3[ was 
Biitke*;'itwas betWeetf eight rind mne. * 

Or Did- you dihefct h6V'to Burke? A. Yes. 

* Q. Did you see Mrs M^bougal? A. Yes, shortly after she^ 
dfitii6 and tbld tne ' William (Bu^e) was waltmg txie: Iwentt<f 
Burke's and found Mis Iaw, M^Dougal, and a lad' natued Brog- 
ffan. Burke had a^ bottle of spirits and gave me a glass, he then 
wreW' the spirits up towards the roof of the house, and upon 
the bed at' his back; I asked' him why he wasf^ it, soiahe 
laughed and said, he wanted it finished ta get anothei' bottle. V 
tfaeii asked Mrs M'Dotigal what wils be^me of the old woman. 
She'sedd'she Mcked her out of the house, as'she'saw Boffeei and ber 
too Jriendfy. 

Q. Did Burke say anything at this time ? A. No. 

Q. Did you ask him what the noise was about? A. Yes^ he 
saidlt wits a fit of diink, but th^y wer^ sdl'well then.' 

Q. Did you do auything more ? A. No, Sir. 

Q. Did yori'secfany straw lying near the bed ? A. Yes,' thiwe 
was a bundle of straw near the b€^, which had lain ^eve almost all 
the summer. 

<fe;i' When ydtt got up ht'the fiist time in the moimng; between 
three and four, was all quiet in Burke's house ? A. . Yes, while I 
liracfe mf •husbaud's break&st at that hour, I heard no noise. 

Q. Did any otfier tlkng particular happed in Burke's that mcxxv' 
ning ? A. Yea^ W^We sung a song. 



4S TBIAL OF WIZ.UAK BU&KE 

Q. At what hour did you return to your own house? A. It would 
^ the forenoon. . 

Q. Did you go again to Burke's on Saturday night? A. Yes, at 
eight p'dook, Gray's wife told me of something in Burke's ^buse and 
I. went with her to see. 

Q, What did you see ? A. I saw nothings I was so finghtened 
that I came out. 

Q. Did you see the prisoner^ M^Dougal? A. Before this 
M'Dongal came to me^ and said the woman Grray had stolen 
some tmngs out of her house, and asked me 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 T 
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 &stened. 

.Q. After you went to Burke's door, did you see any one? A. 
Tes, Hare came out of Burke's after that- 

Q. Did you see M^Dougal? A. Tes, and Burke a good bit on 
in the mght 

Q. Did any thing else happen? A. Yes, some one said to Bmke 
and M'Douffld, that they were very much disturbed the xn^t they 
murdered the woman. M'Dou^ laughed, and Buike said, he 
wpuld deff all Scotland, as he never did any wrong. The Pofioa 
came just after that and apprehended Burke. 

Crose Examined by jSkt J. W. Moncrief, Dean ofFactiiy. 

Q. Did Burke, before he was apprehended, say any tiling of the- 
person* who aoensed him of the murder ? 

A, Yes^ he said he would go and seek the man, and he met him 
in the passage along with dM policeman, and they took him into 

his own house. 

By a Jurynum. 

Q. What was the cause of your fear, when you went into 
Burire's house. 
A. Ftom hairing heard of the murder fiom Mis Gray. 

JANET LAWRIE or (Law) Eaammed^ 

Q. YouHvedin the same passage with die pnwnien in October 
last? A. Yes. 

Q. Do von lemember being at Gonnawa.y's hoiise on the 31s( 
Ootober, about two m the afteoKmi? A. Yes^ 

Q. Do you xecoUect seeing the prisoner Budfflia the paaaage ? 
A. Yes. 



AKD HBLSM M^DOVaAl!.. 48 

Q. Was he alone ? A. A little woman was fpllowiiig him, fhey 
went into Burke's house. 
. Q* IKdyeaseeHaieihateTening? 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 meny ? A. Yes. 

Q. You w»e not long there ? A. About twenty minutea. , ^ 

Q. Did you get any spirits? A. Yes. 

Q- At what hour mi you go to bed ? A. About half-past inne; 
sometime after I heard a noise of danciag and merriment. 

Q. Did you hear any sin^ng? ; A. No, Sir. 

Q. flighting and scuffling ? A. There was a great noise. 

Q. Did you distinguish any particular voice ? A. No. 

Q. Did the noise bst 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 tin^e. 

Q. Any more about the fighting? A. I asked her then .what 
she had done with the little woman ? She said, she kicked her 
m t of die door, becaoae she had been using too much, freedom, with 
WllUam^ (meaning Burke.) 

Q., I)id flbe go after that ? A. Yes, that Was about eight. She 
aft^wards returned about lune toirborvow a diam glasa^ and asked 
me to come iuto her house. 

Q. Did you go ? A. Yei^ and saw Hare there and Burke and 
M^oug^ ; ana a m^m of the name of Brogg^. 

Q. tHd Gray and his wife come in before you left? , A. Yefl^ 
and Mrs Connaw;ay. 

Q. Did you remark any thing pdbrticular? A. Yes^ Burke todk 
a bottle of spirits, s^d sprinkled it about the bed and room; he 
aaid, because none of them would drink it 

Q. Was there a good deal of straw lyine at the foot of the bed? 

A. Yes- This ^ok 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 
Fddayuij^t. 

■ * 

Q. Was the straw timt was near the bed there before ? A. Yes. 
Q* Was it in use? A. Yes,'it had been uted for some time bh 
a bed for Gray and his wife. 



# iv^hfff nm^ *PMK 



' ^ •■•'*'• liDi&H ALStON* Exi^ij^e^^ '.../'"' ■ 

Q. Do you Hvein* the same land yff¥k Burkd ? A.. Ye^llive 
in the flat above the filio^, an^ he Hves in w^ flat billow the sh0b. 

Q. Did you hear any noise on the night «^ fte^lst OcKober 
noliengdlighonie? A. ITes, I heard some going along ibp^as- 
sage between eleven cmd twelve that pight. - 

Q. Tell us what ycm -heard? A; I'heard twomen qiiaiTeljilig; 
but yAxa,^ ^paMcnlariy iattraoted my ^tentiim wbjI, the cry pf -ig^ur- 
derfrom a woman. I went down apart of the stair towudsBoi&e's 

Q. Do yott know Connaway^s door? A. Yes. 

Q. Did you go SO' far as-tl^t ? ' A. Yef. - ' 

Q. Now tell lis distinctly as&r as yb|i can what you l^ard^ ' A. 
I heard two men- quan^sffing, and a woman crying inurder, 
pa{ not 'in siich a way* as would l^kd me to think she was 'in dan- 
^ger. ' €^ continued to do* so for a few minutes; tiien spt^etlnng 
gave three cries asif it was strangled. '' 

Q/Iljd it' resemble* the sound of ft pencil pr amm^ fha^-^^ 
etvangled? A. Yes. 

^'^Q. #hat did you hefair after this? ■^. f t^pki^ no noise ohpi^ 
floor, only speaking loud. . After ^ese jeisi^^hle sotm^si/J'heaia , 
Hiefemaie voice vi^o c^ied mtirder, sti^e^erhadd as!f dj^ifinst t][i6 
boor andr cidl for the-'police, they were m^ie;rii^her. I' Went 
immediately for the policy and could n^^t 6n^. '^rel^aA^^i 
Wehtlbtimtljestdj-d little way. / '• . 'T -^^ 

8. Did ypu heaf any tiding after? A. Nqth&g h^ the vpfces 
10 iwo men whichappeared at a great distance.. ' 
Q. While you w;ere mtj9ningy did you he^ feet moving, on fte 
flow? -'A'. Yes". ' ^''' 

^Qi How &r mi^t you be tpoxa Burked door when you hpard 
those ren)jarkable spunds?. A. Abput three yards, or )ten pr.^i^teen 

'Q.'Wiis file outer door shut? A. I tbink it.W^# ei^d thaton 

the same door die woqian struck her hands; 

Q. When £d ypn hear a body bad been found ?" A. 0;^ ^^^' 

day ^venii^' andithat fixed myrecollecUoQ of wh^t ]::beard belore. 
* CrosS'Iktamined. */ . .' ' 

Q. You said you went in search of the Police ? A;' Yes. '- 
Q. How fax did you go ? A. Only tp the mouth of the passage. 

When I returned I did not consider it necessary to interfere feurther* 

f^ Wa9^^yQipeypuheaxdQf iwde^tj^S8,n)pyQ|il^^ 
ypu fir^t iBVfjnt dowif ? t' 

A. Yes^ it 'was like the voice \hat Bai4i £9^ Gp^^f 9^ 



Isurilie .policy Hm^Mifmri^ h^i^ I sinoe 9«nt ftpAspn to atiike 
on the inner door to see if it sounded the saiue as I heard b^fim, 
juxi I ihiAk it -did Bot 

Re^examiiMd, 
0» ^aa-ljw but'crynfo: itib/PoiiQe? A. Yte^ and thftt jbeie 
was murder there. 

. . . By M^ /«/rjr. 

Q» Sbw^oti aoy doubts th« cry.of murder you lieatd in Uif 
passage came from Burke's house ? A. I have no doubt of it' ' 

SWZABBTH PATEfflJSON, E^^mi^ei. 

Q. l/)okatihefrisonerf do you know Jlmn by ^ght? ^.'1^^, 
I do, ^ . 

Q; Did you se^e him gn Fjidav, Slat October? A. Yes, he 
came to jmy ^aopther^s Jiipu3e on Friday mght to ask for my hrpther 
Pavidf>od'I S9,id he wa3.;PUt. He IheQ went aw^y. 

Q- Did you go on the next morning to Burke's honse ? A. Yes, 
I9y brotj^r sent me for^fimr]^, ajad J went ond inquired for hia 
hp^useajMx? liaw's/. "... 

. < < • r » • ^ 

DAVID PATBRSON^ £lri7ffftmf. 

Q. mei» do. ypn Iwe ? A; Ajt jia 26, West Pprt 

Q. W^at h, jpfv <acQniJi^ttf)^^' Av I am Wpier, of 4^9 Mits^ivi) 
qf I)pc!tor,BjQ|0^ ( . 

. Q, Wh»tboiur4i4ycKqgpihwean.1he31«t Qpiob^iri 

. .A- Abowt-tw^b^^ =•.....' 

,Q. Oidyw^iwgr JWpnW'tyowrd^KV? . A* Tin, the prJMn- 
9v; tiejold xiie be miQt^i mid tp^ |^ ^ houaa, 

.Q» Did jiTOA^i ffol A, Y^, 

Q, Did yw^ JM peof)!^ th^fo ? A^ I fpupd Budce and wjMher 
yy^ji^ a^ im> : wpmeo^ 

Q* After you went in, what passed ? A. The prisoner iold tOB 
bp had p^FOOi^jred spipetb^ tot the Doirtoj^ pointing ito ibe bead of 
the bed^ where there was some straw ; he said it in an under voifie^ 
[ wad near |)9n.|Kt the titt% 
, fti Wae wjy ^1% nbe^SB to ypji af 4ha|i timp ? Jk- Notiyna . 

:Q, WhB,% $4 yQu {ii«)^fBtM4 )^ lawit ? A*'J uoderatood bicf 

Q. What wenp hip «pi0(]9irprd&? A^IJiswPfdHWJ»'^**Ttow 
is somej|t99g t^ 4»» dd^tpr (pe^^g to t^#tip9r) MrfaIcl),wiU be 
reafy to-monow morning." 



46 TJtiAL OF WILIilAM BD&KE 

Q* W«3 iher6 sufficient straw to cover the body? A. Tliiie 

•was* • . . > 

Q. Was that woman, the piiscnier at the bar there^ (pointmg to 
Mis M'Dougal?) A. She was. 

Q. Would you know tiie biher two pttsons who w^' preseat ? 
xV* xes* 

Haie and his wife being brought in, 

Q. Do yon knowthese people? A. I know them by the name 
of Ha&b, diey are the other peisons that were at Burke's house 
that night 

Q. Had you any further conversation with Burke, while you re- 
mained there ? A. No, but I sent my sister for hkn in the mom* 
ing, and he came alone about nine o'clock. 

Q. What did you say to him when he called on yon ? 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 assbtants. This was 
between twelve and two. 

Q: Did anx 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'CuIlochf 
brou^t a tea chest They carried it in, and it was puiin a cellar, 
(Mr Jones was present,) and when it was lodked up, I went to 
Newington to Dr Knox, and told him the parcel was defivered: 
Hare^ Burke, and the porter had either gone before or foHowed. 
I saw them when I came out of Or 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, 1 toolc them to a pul^c house, and 
got change, and gave each Two Pounds Ten Shillings. Tley I^ 
someibinff for the porter. It was understood they were to return 
on Mon&y, by which time^ if Dr Knox approved of the subject, 
they would set the. remainder of the prioe^ which I beHev^ waa 
ESght PoundB. ' . 

Q. Did you hear the prisoner say any thing about ¥K>men ? A. 
Yes. 

Q. Did you see any women loitering about ? A. No. 

Q. What happened after? A. The next morning, Sunday, 
Lieutenant Peterson and Sergeant Fisher of the Police came* toine^ 
and I went to Dr Knox's cellar along with them, and gdve them 
the package whieh was left fliere the n^t 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 liresli and 
never interred. The body was doubled up in tne box, all the ex- 
tremities doubled on the chest or thorax for want of room. 

Q. D^onbe the state when it came out of the box ? A. I ex* 
amined all the body externally, stretched on a table. The &ce 
had a very Hvid colour, there was blood flowing from the mouth. 
The abearance. indicated evident marks of strangolationy or suffo- 
cation from pressure. I found no external marks on l^e body tiiat 
mS^t have caused death. 

Sy the Court. — Q. Did the eyes project ? A. No. 

0* Was the tOi]|^e hanging out ? A. No. 

Q. Was there any marks about the throat ? A. No. 

Q. Was there any injury about the Kps and nose? A. Yes, 
they were dark coloured and marked with btood. 

JOHN BROGGAN Examined. 

Was at Burke's the morning after the murder. Saw Burke spill 
spirits about the room, and detailed several indecent speeches oC 
Mrs Burke, about the way she got a shot of the old woman. H«. 
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 
gownovwit. 

. [Witness was shewn flie clothes, and identified them.] 

Q. Y ou 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 momi^. 

Q. IXi you temain at Burke's house that night? A. No; 
Burke told me I should leave the house for that night as my 
hudmnd and I were quarrelling ; and if I would go, he would 
pay my lod^ngs, and he said I was to go to WiUiam Hare's. I 
went away with Hare's own wife, and returned about nine o'clock 
for some uiings of my child's. Hare and Bi^ke were dancing, and 
Mrs Docherty was singing to them, in the coitfae of the day-Mts 
Docherfy wanted to go out, but Mi^ Burke would n6i let her. 
. Q. What time dia you return to Haie's? A. Almost immo- 
dialsly. 



4A ^ TEIAX OF WltLtAH BUBICE 

Q. Did Hare aiid hk ^inb com© totttet' ' A:''Yd^- siaft 'Mw 
6i;irke came to stippeir ; affef that th^y all WeAt oat t^eflter, Atffl 
ihe Halres did ZK^t return that tiight. The first fliing in the m6m- 
ing thatoccurfed, was Burke coming to my lii)sb&i)id to. give h|na a' 
dram. . Th^n w^t to Burke's house and 'saw there a* humb^ of 
people^ but not the old' ^oman. 1 asked where she! wai$;"and Wa^ 
ioii, Mrs Burke ha^ ti^ed HHet out sEs'^he Vas dnit/ft:'/ • ' 

Q. When you ivent* to fte hdtlae. did yoil* go bfi]ckj^if any 
i&mgr A.ir«tfoi^aptorofmycliild^sstbddng^ When lolpkiiig 
for &em, Burke. tol4 me 'f to keep out fipom there ;" &at is^ ftointfae 
straw. There ^aswhisky then usedf. Burke threw; it alK>ut/and 
said he wanted taget|. quit of itto^etmore. Burke then ordifred 
me to put on some potatoes ; a^d T ^eht t6* rekch udder the jbed 
fi)r some, when Burkc^ told r6e to coihl9 otit o£ ^t, I mi^tset 
the bed apfire with niy pipe. . '* 

Q. Was Broggpn there? A. Yes,. during the day, and Burke 

desired he would sii there; OH' the chair fie^' the straw^ until he 

Bn^^iame back again. .-:/.. 

. Q.'Did,Bcoggani^niainl A^,No, h^cvljutojf^A nfewml^ 

mites. . .' '*.•- 

Q. Did Burke bid yoaxleaa the .house ? A* No; but I said If 
would be better to wash the floor, and put a little sand on it. 

Q. What did you do after Broggan weatf out? A. I went to 
look for Burke, but I could not find him. I went out again, api 
met him at the West Bow, he went to take a dtam. 

Q. Did you discover a dead body in that house after Fiog^ 
went out? A. Tes. 

Q. Where did yoii find it? A. Under the straw af &e fodt'of 
the bed. ^ 

Q. Why did you go back ?' A. Because my suspicions \iF^re 
raised at seeing Burke throw Ihiel spirits aboiit, iahd 1 wasVdeter- 
minedto see what it ineant. The first thing 1 sei^sed hold p^ 
was the woman's right arm. My husband took her up by ike-. 
hair of the head^. the body was naked, and' there was blood on the** 
nose and mouth. My husband went awey before me ;, he miett Mrs 
Burke on the stair, and told her what he had seen, and t^ked her 
about the bod^^ SHe told him to hold his tongue, and it i^ight 
be worth Ten Pounds a week to him. 

Q. Kd jjou say any Aincto Mrs Burte ? A. Tes/ 1 spofoitoi 
her about the t)ody,^and told iBer, that was the woman wIm) was 
well^ ^baging on the floor ; and ' she bade' me holcl*my tongue,, and 
she would give me Five or Six Shillings. She jrepeatedth^ words 
again, and said, if my husbana would be quiets it would be jrOrtk. 



▲NO HELEN M'DOUGAL. *49 

Ten I^unds it week to bfm. j I. said; that I would not wish to 
ib» v^rlh ixioD«y got for dead people. 

' Q. Did jour 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 70U return with Mrs Connaway, to Burke's ? A. No, 
I sent her in, but did not go mjself- 

Cross* Examined by Sir. James Monerieff. 

Q. Did you sleep in Bnrko's house on Thursday night ? A. Yes, 
on the bed of straw. 

Q. Di4 you conUnne there all the forenoon of Friday ? A. Y^> 
I never went out but for a stoup-*fuU 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 f^ay yoNi 
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. Yoii say thnt Hare afterwards came home, with Mrs Hare 
and M*Dougal? A. Jt was ^fore 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 ray hus- 
band a dram, and he, told us to come down to breakfast^ and we 

did. 
Q» When you went down to breakfast, did you see Haro'iDr 

his wife then? A. No. 

Q. Are you sure ? A Quite sure, she came homo before I went 
to breakfast. [ did not get up until eight o'clock. 

Q. Did M'Dougal say anything to your husband or yourself 
about the body when it was found ? Did she say, my God I o^- 
not help it ? A Ye% I recollect now she did. 

Q. Did these words follow her offer of th^ ten pounds, a week ? 

A- Yes. 



50 TBTAL OF WILLIAM AUftKB 

. I • -. ^ .. . By*. ftii4 Gomur. ^ • « r * * . • • . .. a 

Am I to uDclerBtand sho said, '< my God Ittnnot help ii/'siiMr 
you said y<iu did not with. to make money by dead people?^' A« 
Yes. [Here she recapitulated her evidence in a very distinct.maDiM&] 

Did the woman make- no roply, when yoa said the- woman was 
dead, whom you eaw well and singing the night befiire? A* No- 

Q. What did you say after ? A I said sf aha oonld ]iot\help 
it, she ought not to remain in the house^ ■. ■ . ! .. ! 

Q Wore these worda, " My God I oanaot help it," used after 

. M'Ddugai had spoken to your husband of ten pounds a week/ and 

he had refused to be silent ? A* Yes, it was after the eStt J»f 

roonfi^, and I said did she mean to bring a family to di^giaGey .that 

prisoner replied, ^' My God how can 1 help It." { 

JAMES ORAY9 Jjabourer^ Husband of the foregoing Witness^ 

Examined. 

m 

Q. You lodgod at the prisoner's house? A* Yes, for a few nig^ 
at the end of la^^ October. 

Q. Do you remember Burke having any conversation with you 
about sleeping out of his house on the dlst of that month ? , 

A.'YoSi Burke said ^ce must go out that ni^ht, that he had 
provided a place for us, and that we might come back in the mold- 
ing to breakfast 

Q. Did he give any reason for desiring you to lei^ve his house 
that Bight?' ' A* No» not that I recollect. H9 took us to Hare's, 
and pitched on a bed he i^sed to occupy himself 

Q. Did yon know that Burke brought in a strange woman that 
monAing before^ and ordaved bmak&st ior her ^ A. Ye^; he said, 
he suspected aho was some relation of his mother's, as she had 
. the same name, lend was from near .thasame place. t^ 

Q, Did you raium the night you left Burke's ? A* Yes, abojat 
niae with my wife, where we saw a good number of peo^e at 
Burke's ; we stopped a few minutes: nextmoroing Burke cafne^ apd 
mj wjife and J, went down to breakbst 

Q. In the course of that Saturday, was yqn presoit when jopir 
wife foundja deadbqdy ? A» Ye^ it. was opverad with f(faYr» and 
^iqg near Uim head of the bed» 

Q. Was it the wovan yea saw there ttteiMght)>afbra? A. Y^ 
I tllta ptcted up fltiy thiofi that wim ti|m^ wd;in|i on tii^funt 



ofiaking'thomtoahouse opposite^ wl^n I met Mrs Bafke. I 
asked hex, wbat waA the meaQmi; of tkat thing I saw in her room/ 
She asked what ; l^isaiA, I mippQse you know, the hodj. SUe then 
fell upon her knees and supplit^stedme, offered me five or six shill- 
ings, and said, if I held my tongue, it might be worth teq pounds a 
vreek to me. 1 said, my conscience would not alio^^ it. 

Q. Did she say the same thing to your wife? A. Very near. 
' Q. Did Ae say she could- not help it? A. She did. 

Q* After this conversation, did your wife and yon leave it ? 

A. 1V% .91 rs vBurke followed as up to the street VTe met 
Mrs Hare; I ishe: asked us what we^ were quarrelling about, and de-^ 
sired us to gp into a house and settle our dispute. •' Wo did py, aadf 
shortly after I went straight -to t)ie Pofice* ' 

By the Qci^rU r 

Q» When you saw the Kodjr, drd ybtr kno^ it to be the woman 
who was there the night before ? A* Yes. It was quite naked* 
There was blood upon the mouth* 

^ " VrdsS'Ea:amtned, ^ ' 

Q. What hour was it when you left Burke's hopse first, on the 
f>vening of the 31st? . A. About five in the oveiiittg* 

Q. What hour did fiurke come for you in the morning? 

A- I think about seven* 
• Q Was Burke in Hare's at supper? A. No, fcut Mrs Burk^ 
was. . The Harea had left before Burke came. 



OSORGS; M'OULliOOH Examined. 

Q. You are n porter ? A. Yes* 

Q. Did the prisoner Burke come to you to carry a parcel 
fbr nim at the end of October last ? A. Y es. Q. Where did 
you go first ? A. To Burke^s house. Wfe went into his 
room, where we got a box like $: tea-box ; he took something, 
in a isheet, and put it into the box. Q, Was it like the 
shape of a Uuinan body !^ A. I think it was. Q. Had you 
no doubt it w^ a body? A. No. Q. Did you assist ? A, 
No ; but when the body was putting in there was some hair 
^hich I pushed in. Q. When the body was putting in the 
box was there yiolence use^l ? A. Yes. Wa^ there another 
inan there ? A* Yes, of the name of Hare. 



52 TRIAL OF WILLIAM BDEKE 

Q. What became of the aheet ? A. It was left wbete the 
body was carried to. fTAe witness was shown a bom.) 

Q. Was that the box ? A. The yecy 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 ai|d 
his wife, and Hare and his wife. 

Q. Then you went to Surgeons'" Square ? A. Yes, and 
took the box off my back. Q. VTbat 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, Haie, aofl 
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 shil- 
lings for my trouble. When we came out the women were 

JOHN FISHER, Eafandned. 

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 Buike'^s. 

Q. What did you go therefor ? A. To make inquiries, as 
I heard the bo4y was remoyed ; I met Biurk^ 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 ? ^e 
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 heat 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. 
H^Doiigal said a woman had lain in there a fortnight ago. 
She said she knew w^ere 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 shie 
left, and she said at seven o^clock at night I then decided 



' ANB HELEN M^DOUGAL. 53 

on taking them to the ofSce, which I ffid, on a pretext that 
it was all a matter of ispite' against them^ and if they would 
come to the police officfe, it would be all cleared up. 

Q. Did you return to Burke's house that hi^t ? 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. Yite. 

Q Was that it.? — (The bed-gown was ealhihUed,) A. 
Yes. 

ij. 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.* X es. 

Q. And what did you find.?* 
' A. The body of an old woman quite naked. We sent fox 
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. 
' ^.^ Was the body shown to the prisoners ? A. Yes. 

Q. They denied all knowledge of havmg seen it, dead or 
alive? A. Yes. 

Q. Did you go to Burke'a 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. Christisob, and Dr. Newbigging. 

Cross-Examined. 

Q. Did Hare deny all knowledge of th^ bodies? A. 

Yes. '• 
' <3. And his wife ? A. Yes. 

WILLIAM HARE (or HAIRE) Examined. 

. , WILLIAM HARE (or HAIRE) a aocius criminis, 
yi3S how brought forward, and his entrance into the witnesses 
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 
feund- to. deviate the- least firom it, the most condign punish- 
ihent wcHild await him.. 

Q. Ym are a Romm Catholic ? A, Yes. 

6 



^ TIIIAI» OF WILLIAM BCREE 



' Q. Wouldryou widi to be sworn in way odier %ay ? * 'A.*- 1 
tiBvet took an oath b^ore, I believe it ia all one wHy. 

f ^(^ was then sworn upon a New Testameni, wiih kU 
right hand on the Cross.) 

Q. How long have you been in this country ? -A- Ten yAf% 

Q. How long have you been acquainted witb the prisoneia ? 
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? 

' Q* Wbat did he saj ? 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 die would aaake a 
w$oA shot for the Doctors. He told me to so down to the 
Hoilse a4d see if they were drinking, for he did not like to gOi 
• Q. Whit did you understand by a shot foe the Doctoral ^ 

A. That he was going to murder her. 

Q. . Did .y^u go^ dpwn ? A. Yes^ I found a man and a 
wofnaa aiid. Nelly M^Po)igal, and the ^Id woman wasEii^ 
her short-gown. *■ 

' Q., Was. the 8jtrdn|f€ man^s name Qray ? A. Yes. 

Q. What colour was the short-gown? A. Beddidi striped^ 
* Q. Is that it ? ( The gown was emhibiied») A« Yes. 

Q. Did you remain long there? A. Five minutes, and 
tfa^ w^nt home. 

Q. Was you in Connaway^s fKfter that ? A. Yes^ betweeiK 
eight and nine oVlbck. 

Q. Who was at Connaway^s ? A. There was William Burke 
and Broggan, and another chap I did not know, and my w^ 
J6hn Gonna^ay, ^d JN^eUy M^Dpugal. Thee titde old 
woman was 1^ at Coimaway''s, where they had some drink. " 

Q. Had you some? A. Yes, we then wei^t to Burke% 
and Burke and his wife and the old woman came ia ; we were 
all hearty. , .- . . , ^ 

Q. Did you then expect the old woman was to be murdw- 
ed? A. No. 

,' Q. You had a qukrrel with Burke? A. Yed, 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 ol4 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 icried 
out either murder or police. 



» • ^ * 



AMD HSLEN ll^BOUOAL* ^ ^ 

r.Q. |fi>w|ra8 dkft 'bBOiight back again? A. It was Nelly 
M^I>oiigal tibat brought her back both times. 

. Q. When you were alraggling, did you knock the old 
^0111911 down ? A. Yes, and she lay on her back, so drunk 
ilbe ^uldnot get up, she oined to Bprke to quit 
Q..'J)id hequit you?" A. Yes. 

Q. What did he do then? A. Ho got on the old 
voman with his breast on h^r head, and kept in her breath, 
the 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 
h^ brieath, he cantihued this for ten or fifteen minutes. 
Q. IXd he say any thing while this wa^ going on ? 

A. No, he then got up and put his .hand across her mdiith , 
nnd kept it tl|^ tfaice m tdar minutes ; she appeared quite 
dead then. 

* Q. Was you looking on alt this while ? 'A. I Ffts sitting 
on the chair. . 

Q.. Did he atrip the bodyf A. Yes, and put the clothes 
itnder, 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 catting on the chair and he was mur- 
46riQg, where Wjis your wmai knd M^Dougal P A. When 
l^ey heard the first screech they leaped oiit of bed and run 
into' the passage, and did not eotaie in until the body was put- 
away. 

Q. Where werq you ? A. I was sitting at the head of the 
bed when they both lay down and coveted themselves with 
ihe quilt. 

Q. ^Did.you see any blood at that time? A. No. 

Q, Did any nobody come, to Ae door when the woman cried 
in lihe^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 |th« women make any inquiries wh^n thi^ came into. 
the room? A. No, they both went to bed. Then Burke 
Wfiflt out after the woman was laid aside, and stopped out ten 
minutes. 



I 



I 






jfft TEIAl. QV WILLIAM ][0RKC 

Q. Did any body come back with him? A. Yes^ &e 
Doctors man, Paterson. 

Q. Did Burke say any thing to the Doctor^s man ? 

A. Yes, he wanted him to look at the bod^. 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 wen: 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 hca^ 
on the bed ; the two women and John Broggan were in bed ; 
he lay next his aunt, NeUy M^Dbugal. J^rke was sittii^ 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 miming ? - 

A^ He did. We went to get our morning; he a^ed me^ 
to go to Surgeons^ Square to get a box. 

Q. Did you get a box there ? A. No. Burke t^en said 
he had one bespoke from Mr. Rymer^s shop boy. We got » 
box, and the porter brought it in. Burke was not in then. 
We left the box, and stopped at the back door until Burljje^' 
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 r 
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 ear* 
ried it away to Surgeons' Square. It was roped. (That box- 
in Court is it, or like it.) I went with the porter, and Buike 
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 wivea 
foHowing us, but they did not come into the house. Paterson 
gave the porter 5s. and each of us L.2, ^s. 6d. We were to 
have five pounds more on Monday. I saw nothing ve?}' par- 
ticular until I was taken up. 

Cross-examined by Mr. CocKBUKN. ' ' 

Q. You say you have been ten years in Edinburgh?- A» 
Yes. . .^V \ 

Q. How have you Jbeen engaged ? 

A. I have been a labiourer, and sometimes employed in sell- 
ing fish with a cart and horse. 

Q. Have you been engaged in 8iq>plying bodies to the Doe-' 
tors ? A. Yes. ... . '♦ i 

Q. Have you been concerned in supplying the Doctors with 
subjects on^other occasions than that you have mentioned ? 



J 



AMD HELEN M^DOTIGAL. S^ 

« 

The Lord Advocate' objected to die question. 

Mr. CocKBURN. — I hold that I am entitled to test thid 
Ckntleman*s credibility with the Jury, and with that view 
X 8}ia]l endeavour to make him confess such acts as wiU make 
his evidence go for nothing. I pui|)08e to ask hitn if '&e was 
concerned iii any other murder except this one. 

Lord Advocate thought the Dean of Faculty had agreed 
to cok^iine himself to tfiis case. 

Lord Meadowb ank thought that such a line of conduct 
coukl not be pursued. The question Was neither a fit nor 
proper one. 

Mr. CocKBUjiN.— 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 hitman being in respect to his evidence. (He 
dien 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 conse- 
quence of which his evidence was totally discredited.) 
; Mb. 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 aUoweid in Eng- 
land 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 prc^se a question to try the veracity of this wit- 
ness. The witness was warned that he was standing on his 
oath, being peculiarly situated, but it may happen in most ^ 
cases that be will answer it, and answer falsely. If he an- 
sw;er8 truly, it will be for his credit ; if £Edsely, it will then 
be for the benefit of my client. 

Loan MsADOWBANK. — I regret having stated the impres- 
sion made upon my mind by the bare aiknouncement of the 
question proposed to be put to the witness, because I shotdd 
most assuredly have rather, in a matter of this vast import- 
ance, have a^»ired to obtain every light that could have 
been thrown upon it before I ventured to deliver my judg- 
ment regarding it. But perhaps my having done so had 
only the effect of my attention heing more anxiously cidled 
to every word that dropt firom my brethren at the bar, 
and if I were satisfied that if any tmng that was suggested 
by them had the effect of flhaking the opinion which oc- 
curred to me at first, nothing that I stated before could have 
pievei^ed my honestly and frankly avowing it.. I have, 



9P TRUX W iriLUAM BUltrE 

however, beeu qonfinoed in thai * opiAioii &y filidhig* tfiat 
po^wi^i^taQcUng 9iX tba iogeouit^ of my teamed brethren, 
they l^Y^ said so lUtl^ on the subject, and that they have been; 
muihlQ la ^w one single precedent in favour of their argu* 
pt^QPl, eifiGftt that which has been obtained from ihe law c4 
England. Now» I for one throw the law of England alloffe^ 
(l^r avi( qi the question. It is, I believe, in matters of this 
kind diametrically opposite to ours. That law holds, that ^ 
fiitfk^e^ hfts no pirot^ction from having been examined by 
the Pul^ic Prosecutor, on a criminal trials W^ hold, that 
he has. It is quite absurd, therefore, to dream of drawing $i 
{precedent, which is to gidde your Lordships, from the law 
of Englapd. But even our law goes no &rther than to 
protiect witnesses from being subject to prosecution on a^' 
c^ouvt.of matte^r immediately connected with the subject of the 
(ri^ in the course of which they are examined. I understanfd 
it, ^erefore, to he admitted that, if the question propo^ 
w^e admitt^ by your Lordships, the witness must be told 
that he is not hound to answer it, because it is beyond thfr 
^ompet^noy of this Court to afford protection against bmg 
a^erw^ds qu^tion^ for the perpetration of eiimes wfatep' 
4o uot form the> proper subject of inquiry in the pre- 
seut inv^stigatiQ&. But I have always und^tood that the^ 
^w ^ Sco^nd has gone & great d^al. further — that it aUoW» 
no question to be put which a witness may not competently 
fji^wer, ai»d wbidi, if ansfwened, must not be sent to tfi^ Jnr^ 
StS a HAi^tt^r of .^YJuiiinGe. Now, in the first. plaee/I-'^ii^ii 
t|p^ i| m quite QSS^fetfOit Ibc the pn^oner t^ put any ifiteB^ 
t^on r^tiye to-tbo«inalileiB at iasue by which Se apprehenda 
^t.t}i^ i^^hitily::of the wiiatesses for tfae Chwwn, may, if 
ai^wered, by pi^lbilUy' be shaken. The oath taken by the^ 
^ti^^s, buids him. .to . speak the truth, and the whole truth {; 
but that obligation goes no furth^ than it refers to the mat-' 
ti^ before fhe Court, It neither does, nor has it ever been 
hdd, to bijQ^ him to speak to matters i;ektive to whidh h^ 
hfs UQt b^A caUe^ legally to give evidence. I lippehend^ 
th^e^pgre,t ^t eren tl^ oath whigh has been ip^sed upon 
ti^e ^itUfss, i$ not obligatory upon him to speak to mattent 
ne4 i^m^i^^iy connected with the subject of this trial — ^and, 
k^ 6d^ suf^ wf^ the Qjmiion of the Counsel for the prison- 
9X9 ; for, wm thw application, the witness was particular- 
ly ifavn^ Uiat he was only require^ to speak the t]:uth, and 
W vho}« liuth, relative to the third i^arge in this in^ct-; 
m^tf I have always und^slood, however, that no ques^ 
^iw QQUld. h» ^t, upon cvoss-^examiaation, to a witness faP 
t]^ opuiitry, whkb wwl4» if answeved, bave^tlie effect dPreii^ 



ieAkg ijfan m truth iniUlmimM^. All tauestiutaB ii«thig ttet 
tfffcfet must be tout bi pTeHmknffjr, and after the qta^itktei 
put ho «11 wHiieMs by your Lo^hipi bdFobe the ^^oilidii*^ 
tma cmnmeno^si; III that lespect, very tihely, we diffieip 
ftotn the Iaw of Enghnd ; but, for th^ reasons aiogned hf 
Mr. Hume in di^ pasntges read by Mr. AHsoin, I am not ia*^ 
clined to think that the ruleib of our law are infetfor^ W 
lets effectual for the admbietnition of justice^ The ds^oe^ 
gF our law has alwiiyt been to get at the truth, and I mi^ 
pect that k best to be obtained by prevcntnag wiinet^es be-> 
ing harassed m the way that would result firom sueh ques^' 
tioite IB the pteteiit b^i^g held te be admissible. Bui ftrrdier 
stilly flMLppme^ ia tiie becond plabe, that die witneM iui*fin^iv 
tfafe ^cethm thA &aa boeb put in (^ affittnative^ told de^ 
pones that he has be^ {mMenft «t Inore tnutdert than flf# 
olie in '^uc^iiijon^ what is to te the lesult f Is the Lord Ad. 
n>cate upon the reUetaitiiiiation ttt isk him at what ftmrdeirii' 
be had been potent, «tid whir was conifeemed ih those i&%(t^' 
dera i; b( Ibe go iiito an oxamin^on of aii the maiiteiv t6fi^ 
sddted with those cases ? If he is, we may be ittirdved ill' 
an inqiiiij into the dieumstanoes connected with thd other- 
immfefs m fliM indictment, which ate not now the subject 
of trisal, taid wUeh your Lordbhips, by your intetlocti to^V* 
hATe pi^dnded ftfom being the subject uf trial. I caMbf 
think that audi iaH be your Lordships^ intendtm t yet iW 
Gdiirt inust be prepansd either to go this li^ngth of faOt, be- 
fttte lowing a ^uesticm to be put which must i^pen tsp 
such a field of inquiry ^ for if ihe prisoner is entitled to put' 
the oie qhestbii, it must ibllow that th^ prosei^tttor is entit- 
led to put the otUsr, and if ymt. do permit euch «n kiquify,^ 
ymi nust be prepared to srnd the answers so giten^ and Ae 
evidence so arisibg^ to tile juYy fbt their consideratioii. An4 
what would be the consequence? By the evidence thence 
arising, and the suspicions thence created, the prisoners might 
be ioo&victed upon matters not at issue in this indicimedt. 
Nor is it enough to say tfa^t this has been occatfooed by the^ 
p r isou e r hifa^^i^^ fbr the law of this eountry ttftef|)oiBe8 to 
protect a prisoner from liis own mistakes — ^it lays down rules^ 
by'whieh^ an 411 eases, pR>teetion ^hall be i^onied against ei- 
tiler accident or error; and as I concave it wchdd hi highly' 
e^ronetfUB to sead sui^ Siatters to a juty, and yet that we are 
entitled to pemit nO ^|uestions to be put, the aiisw«mto whidi « 
ns'oBt not m sent to die jory^ I thank, this qUostioii eannot be 
admitted. But I set out with saying, that I do not think any . 
ifmiimvm be awtaiiied by your JjordBhips, whidh, if M- 
swered in the affirmative, would disqimfify a witn^s. Thu^ 



60, TRIAL OTiinriKUAHainBKB 

suj^pose tbit the quesdon put were, Have you coimniitad i^ea 
acts of peijuiy^-and tibe answer were in the affirmatiye, what 
is to be the result P — Your Lordship must tell the jury either 
that the witnesses answer is true, or that it is &lse. 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 ne-- 
oessary result is that you put it in the power of the witness to 
dinqpiahfy himself; and that, I hare invariably undostood, !• 
can solemnly assure your Lordships, to have been a principle 
reprobated by the law of this country. 

The Lord . Justic£ Glerk thought that the; questk>nt 
SQ^ht be put, but that the witness should be cautioned^ that he; 
was not bound to crimmate himself, for if he - answered die. 
question the Court could not protect him. 

. Lord Mackenzie thought the question might be put.^ 
Tjhe 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 admiission of his 'hay»> 
ingbeen guilty of a secret crime could not disquriify him. He: 
had yet seen no sufficient authorities to shake that opinion.. 

The . Lord Justice Clerk agreed with Lord Mackenoe,: 
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 Lqrd Advocate wished to know in what rituatton be' 
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 Load Ad- 
yocate is entitled to put what other he chooses. I caimoi 
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 yon as«st- 
ed in taking the bodies to Surgeons^ Square ? 

A. I never was concerned in furnishing non^^ but I saw* 
them do it. 

Lord Justice Clerk.*^You are not bound to answivthe 
question about to be put. 

Mr. CocKBURN.-^— I am going to put some questions to you, 
and you need not answer them 'if you donH choose. - 
c Q. How often have you carried dead bodies ? A. I woa?t . 
answer it. 

Q. Have you ever been concerned in any othar murder % * 
A . I wpn't lins^er that. ' .' 



ANB HXLSN M^]>0V6AL. 61 ' 

Q. 'Wiis'there a xnmfdelt <^Qimiiilted in yourlumse on tlie 
8th October last? A. I wonH answer that. 

, Qi When Burke said he had got a shot fiir the Doctors, 
how did you know what he meant by a shot ? 

A. I beard it often before. 

Q. Did you know it meant murder, then ? A. Yes. 

Q. How cBd you know it ? 

A. He told me he would murder her. 

Q. Had you any notion that mischief would happen tJiat- 
n^ht you were dancing ? A. I could not say. 

Q. When did you suspect there was going to be misdiief .^ 

A. When I saw him on the top of her. 
• Q. Did yoii see 'thei»ody of the woiKui at tibe Police CHRie ? 

A. Yes. 

Q. Did you deny there ever bATiiig seen Ae body before? 

A. I idenied iUt: 

4 - 

Q. How soon was it after her death ^ou saw her at the Po- 
liod Offic^e ? ' A. I saw a body there^ on^ Saturday or Sunday. 

Q. You have been, acquainted with Burke long ? A. Yes. ' 
' Q. Hitye you. received any money before from Dr. Knox? 

A. No. 

Q« Did you ever receive any from his asfibtants ? 

A. Burke did, and he ^ve 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 
xQceived 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 slullings 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 die old woman went out into the pas- 
sage 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 lime that Burke was on the top of the woman, 
did you hear her screech ? A. Yes. > 

Q. It could be heard a good lit off? A. Yes. 

Q. You say that Broggan was in bed in the moming,*-«dBd 
you see him come in ? A. No. 

Q. Did you sit in that chair and see Burke for ten minutes 
Idfiiiig the woman, and offer her no assistance ? A. Yes. 

Q. You sat by calinly and saw the murder done ? A. Yes. 

Q. Did you give any information the next day ? A. No. 



63 TBiAL or i^LitAiit iirftftie 

<^ But Jill vent' lo ijMpam x)f Uw btfdyv )i^ titdiid 

money for it ? A. Vwlfc •. ' ' . ") 

jv* x es* 

*. * " '' 

Mrs. HAIRE or HABS £akmmUd. 

« 

3/AJ9 witne$if ^mt nt^^fH^tiM 90ltnml$ adnumidted % LolM> 
Meadowbank ^o; ^MA .ikb ttutk^ nftkr taUck e&v ivM f 
«anQRHStt«€d ^t^ <A<} jiMD A»v<ib ay«. 

• • f • lb 

now ? A. YcB. 
:Q.^PDyouvolle■llmiaitHaHavetllJUg)It? A^ Y^. ' 
Q. Did two persons sl^ep in your house itak ki^iP 

Af. Yes. • ^ "• •. - 

Q. Wl^y 4id «bef do sof A. Burin maked m6 to gif<e 
thfid^ abed ihftise ia |]m( c«bl»e iif the d^. 

9. J>id ^iif# o«l lliAt ni|^ in •e^reh tof jonr husUAid'/ 

A. Yes, I found him in John C(Amaway'*s. 

Q. Who y4iBdieie.al;ib»<sAne turn? A. Gatmair^ a|pd 
his wife. . \ 

Q. Was Burke theodf A. I don't Mcolkob - ^ 

Q. Had you spkite Aeri ? As Ym, 

(Q^ Do yon Iee5lkat fioeJUg nn idM ^man tbene ?- A. N^t 
that I recollect. I stopped then iiiitil my fctwhai^ wob^ and . 
thenr .we Mnt Into BifrkeVhoifee with APDougaL 

Qf Wiui Burkt thm P A. No. H« camd kt smln lltet.' 

Q« Was dit oU woman ttee? Ai Ye^ islin was Atsete. 
fota 

Q. Was there a fight there between Bvikn aild yotv hta»- . 
band? A» Yts. 

Q. Did you go between them ? A. Yes. 

Q. Did die old wMian ay mtider? dL YeL 

Q. Did8heget«)>u4b? A. Yte. 

<^ Yon saw Bnrfe^n the top dT the «Ui wnman ? A^ Yts. 

Q. Did you see bin long theiteP A^ No ; For M^Dou^ 
and I nn imt%f the room into Ae paittgo, and 8ta|iped th^ 
upwards of a quarter of an innr. 

Q. When vod rettmi6d, dM yiMft net flio old IrWMn ? 

A. N<h 

Q. Did yonr ask after her ? A* No. ^ Ifaadmyanfepidon. ' 

Q* WhiMK Itet «fae Vaa mtuiend? Ai Yoi. 

Q. DidyolitWoliedbwBinAebodP A. NaiinnnBaiateij. . 

Q. Whem wi^ j^ wtaA Bnrktwatf lyh^/ti^ Ab OA if^ 



now I wa^ bfitwefHi Ae dp(xr «9kd tbo bf*^. ; 

Q. Hqw jgiwy QiiikutQt WHAM cm tm Pi A«i Noli ivaoy. 

Q. Where wa*. M^D«ug«l ? A, I im\ e«wtly kww. 

Q' W)uf>li iTftnt iinsi out at diQ door 9 A. Jl MP«a I. 

Q. Were you both alanned? A* Y^, ^v^ 

Q. You 4ay you suajlfcled ^Hfc wiw doing ? A. Y^^ Sir. 

Q. Had you any previous reason of suspi^oa flC thj^ iitf 

;id)0ut to l^.comnh^. m the .^ F^iiM? 

A. I had seen a little trick of it done befoiAi. I £mp«fft^ 
^heq I saw Um lyiqg ou hltr, and N^y^ M^Ct^i^ .tol4 me 
something. 

Q. Just m m ifhfti fih9 aid ? 

A.: Sii«i ^$xM to our house, and said thm^ vaft^ shpt in th^ 

liouse ; and I asked her what she was, and.fibe saJd, Bui^k^ 

f(9t^Il9d ber in qui of a ahop, 
Q, Hpw did you know it w<a» a woman P A< Sh« lolcl ^i^ 

Q. Did she say they intended to make away with the oil- 
man P 

A. No. But I undemtoaci fion the word skoi thay were 
to do it. 

Q. Why ^ you uadesstand that i^ 

A. Because I heard that word mada upa of befera tp aoc^eslt 
the determiiiatioix of murdering oth^w. 

Q. Were they pressing drink on the woman P A. Yea» 
. Q. Waa ihemuoh the w(»8f of it ? A. Ratber. 

Q. You remiuned there all uighl P A. Yes, untB 5 oVtock 
I was fying in bed when Jtfi. f atarsoM oame in^but I did!, not 
hear what be said. ... 

Q. IKd you know wbeae tli^ body waa put3 A. Yea, at 
the head tf Ae bed. 

Q. Did Burke ask you to go out and get a boK^ A. Yogi 
He said he had purchased one for to put old. shoes in. Iwent 
for the box and a:p6rtar came and ca|viad it I afterwiilrds 
followed with M^Dougal, our bus^^iuls, towards j^ewington, 
faorfoar thfy i&bould quanrel or j^ drunfc. 

Q. What answer did you make to b^ about) tbiB ishat ?. A^ 
I aaid nodung. . * 

Q. Had you aud 14^Doa|fal any taUc about it ^an ]Nku» wajr 
to NewingtonB A. No. 

Q. Didshafed s^ny&pitF A. No. 

Q* What weie you speakiag af vhile jwu weie iu the pasa» 
agoP A.. Peiliapa I saod it might ba tha same thing' with he^ 
and I. 

Q. Do you mean that you might be murdered P A. Yes. 

Q. Why did you not go into the woman Connaway^sP 



64 TJIIAL OF WILLIAM 8VBKE 

A. Beciiifle I left my home three times be&ie; and it is not os^ 
tural for a woman to go and inform on her husband. 

Q. You m^ition 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 Ae fell down 7 
A. I believe she got a push. 

Q. Was it very soon a&er 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. 

4 

', Mrs, HareCrosB-^w'arnmed hy the Dean of, FACtrLxr. 

Q. Was it instantly after the old woman was pushed dcnm 
dmt he got on the, top of her ? A. Yes. 

Q. There's a door at .the outer side of the passage ? A. Yes. 

Q. Ho# 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 w^nt. to bed ? A. Yes, Sir. 

Q. There was a young man of the name of Bro^an came 
in ? A. Yes, and we had a dram. 

Q. Who? A. ADof us. 
» Q. Then you got up to have it ? A. Yes. • ' 

Q. Bid you go to bed again ? A. No. 

Q^ Was M^Dougal in bed ? A. No ; Bn^gan, M^Doo- 
gal, and I lay down upon the floor. 

Q. Was tnere any more fighting ? A. Yes.; Burke took 
Ae stidc and struck Hare, and M^Dougal int^ered and said 
she would not have Hare treated in that manner. 

By the Goubt. — ^You had a bed in your own house, -why 
did you not go homj^ to it, and take your hinband along witti 
you ? A. I did all I could, but he would not come. 



AND HELEN M^DOUGAL. 6fi 

. Dr. BLACK, Examined. 

Q. You saw :a woman's body at the Police Office ? A- Yes. 
Q, Did you jessamine it ? A. Yes. 
Q. Were there any marks on the body ? A. None. - 
Q. Were there auy 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 
swcJlen and the face black. 

Q. Did you think that she came by her death by vudence ? 
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 brerf 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 parti- 
cular i^otice of was, from fourteen to sixteen ounces of blood 
mixed with saliva, and having been told the woman had lain 
ip that place, I was able to judge it came firom 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 a&aid to hazard 
an opinion. 

By the Couet.— Q. Were the appearances you have seen on 
people brought into the police-office who have been suffi>cated 
from drink uke 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 
qipiniop ? A. I. have seen sev^al corpses that died by suffi)- 
cation, and taking the entire circumstances into view, I think 
tibe: 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, 
aa. in cases of suffi)cation 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 dona ? 

A. No. • 



\ 



66 TBIAt OF TTILllAlk^ BORKfi 

DR. 6HRI8TISON, Emmmed. 

Q. Did yeu see the body of an elderly female at the police- 
office at the commencement of November ? A. Yes. I aaw 
and minutely examined ft body there on the 9d and dd of 
November. 

Q. Did you perceive any marks of violence on it ? A. Y««« 

Q. Describe what you saw to the Court and Jury ? 

A. I saw several contusions on the legs and the elbowa, 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 ^o found pale lividity 
of the features generally, and dark lividily of theUps; great red- 
ness (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 tliroat. Internally, I 
found a general fluidity of the blood, and an accispnukliim of 
it in the right eavities of the heart. In the middle of ihe neck, 
I found the ligaments connecting posterior parts of the vertebras 
torn, and blood e^sed among the spinal muscles, near the 
laceration, and into the cavities <^ the spinal muscles. I found 
no sign of natural disease, except a very slight incipient disorder 
of the Uver. 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 veiy aligbt eontu- 
sion over the left eye. 

Q. Did you consider that those contusions could be prcK- 
duced 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 mjury properly applied eigiiteem hours, af- 
ter death, woul^ I think, cause the same appearances. 
Cramming into a box or chest like that shown mii^. 
• have caused these appearances. Strangulation or smotfaei^ 
ing^ or throttling, is consistent with what has been dracrik 
ed, but parljculaxly throttling or applying the hand under 
the throi^t, and throwing the head biackwa^ would prevent 
the access of air. I found unequivocal proof of vid^ence^ in 
the contusions dispersed throughout the body, and in jio 
signs of disease being visible. I beg to add, ftom the woman 
being seen so recently alive and well, from the blood under the 
bed, as well as the appiearances already mentumed, death l^ 
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 appear- 



A^B HELEN M^DOUGAL. ffj 

aaees in some ca6es of tuflboation would be similar to those in 
the present instance. The appeara(nce of blood from the moudi 
or nose after death tnay be prodneed by any species of suflb- 
eation. Directly or indirectly, death by intoxication must 
physiologicidiy be occasioned by sullbeation. 

By Mr. Cockbviik.'-^Q. Did the appeftrances found on the 
body justify only a suspieion? A. Coupled with the eir- 
eumstanees mentioned l;hey amount to a probability. 

By the CotrBf.— 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 
neCei^ry circumstance even in cases of intoxication where a per- 
son was said to have died of continuous intoxication. At least I 
know 6f a reported case where a person was said to have died 
from constant intoxication, without any smell haying been found 
in the stomach, though it was fbund in the brain and other parts 
of the body, l)ut I also know a similar case where the stomach, 
dh bring opened, ^ve out the effluvia of whisky. 

This closed the case for the prosecution. 

The declarations of the pannels were then read. 



DECXARATION OF BURKE. 

« 

At Edinburgh the 3d November 1828. 

Ill presence of GEoftcfi TAit, Esq. Sheriff-Substitute of 

Edinburghshire, 

Compeared William Burke, at present in custody, who 
t]feing examined, declares that he is 36 years of age, and he 
was born in Ireland, and he came to Scouand 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 mondis 
1^0 he went to the house in the West Port in which he^ at 
present lives ; but he does not know the name ci the entry ; 
and the prisoner, Helen M'Dougid, 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 
#[« declarant now lodges in the house by himself. Declares, 
^Aat James Gray and his wife and child came to lodge with 
the dedflrant about a week ago. Declares, that on the night of 
Thursday last, the 30th of October, no person was in the de- 
ci^ranf s housej except Helen M^Dougal, Oray, and his wife. 
Declares, that on the morning of Friday last he rose about 



68 TRIAL OF WILLIAM BUAXE 

.7 o'doclc.^d iminediately began to his work, by mendhig a 
pair of shoes : That M^Bougal rose about 9 o^clock. Declares^ 
that Gray rope about 6 o^dock and went out : That Gray'^s 
wife rose soon afterwards and lighted the fire, and the decla- 
rant 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 d^ 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 pro- 
visions which they used, and they went away ; and the deda- 
rai^t accompanied them to Harems house, to which he recom- 
mended them. Declares, that he thinks Gray and his wife 
went away about 5 o^clock.. Declares, that about an hour af- 
terwards, when he was standing at the mouth of the entry^ a 
man came forward to him dressed in a great coat, die 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 de- 
clarant, who was sitting near the window, with his face to it : 
That the dedarant heard the man unroping the box, and then 
. making a sound as of 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 declar- 
ant a sixpence, and went away*: That the dedarant immedi- 
ately rose to see what was in the box, and he looked und^r 
the bed and saw a dead body among the straw, but he cot^d 
not ohserve wheth» it was a man or a woman : That- soon 
afterwards the man came back, and dedarant 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 nan 
. said that he would come back in a little and do it, and then 



AVD HELEN M^I>OCr6AL. 69 

vent awny, but he did not return till Saturday evening aboiit 
6o^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 md- 
ther'^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 per- 
sons in the house were Helen M'Dougal, Gray and his wife : 
That she sat by the fire till about three o^clock in the after- 
noon 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 n()t remember of any other person being in the house. 
Declares, that a few minutes before Mary Dougherty went 
away, William Harems 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, ac^ 
cording to their practice ; and the declarant continued at his 
work : That soon afterwards Gray and his wife weiit away, and 
Helen M'Dougal went to Connoway's house, leaving the De- 
clarant 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 even- 
ing, while he was still alone, the man who had brought the 
body came, accompanied by a Porter whom the declarant 



^ TRIAL OP William ButKE 

knows by sight, and whose stance is at some where about the 
head of the Cowgate, or the foot of the Candlemaker-Kow, and 
whose Christian name he thmks is John : That the man said 
he had come to take away the body, and the declarant told 
htjn the box wai in the entry, and the Porter took it in, 
and the man and the Porter took the body, and put it 
itito the box and roped it, and the porter carried it away. 
Declares, that when the miui came with the porta- he said be 
Would give the declarant two guineas for the trouble he had 
tn keeping the body, and proposed to take the body to Sur- 
geons^ Square to dispose of it to anypeTseln who would take it; 
and the declarant mentioned David Pateraon as a person who 
had some connexion with the surgeons, and went to Patersfm 
and took him to Surgeons' Square, where he found the man 
luid the porter waiting with the box containing the body: 
That the body was delivered, and Paterson paid a certain num- 
ber of pounds to the man, and £^, 10s. to the declarant : 
TRiat he then went straight home, and was informed by some 
of the nmghboura that a report had been raised of a dead bocty 
having been found in the house, and in particular by Conno- 
wny's wife, who told him that a policeman had been Bearching 
his house, and he then went out in seuch of a pohceman, and 
tie met Finlay and other pobcemen in the pasuge, and he 
told them who be was, and tbey went with lum to the houte 
and fbund nothing there, and they took him to the pt^ce 
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 tsD : 
whether ttie man who brou^t the b 
with the potter is William Hare, d 
being interrogated, declares that hi 
person who saw that Haie had any 
Mdy or in Uking it away ; and bei 
^Kt tbte porter's name is John HfCi 
the box in which the body was cont^ 

iMttg specially interrogated, declares that tbe woman abofe 
Tefened to, of the name of Mary Dougherty, was not in his 
hoUBe on f^iday, and be never to his knowle^e saw her till 
l^tuiday monung at 10 o'dock : That she promised Um to 
return on the same evening, but she (£d not, and he does 
not know what may have become of ber. And being in- 
Mnogated, dedares that he sprinkled some whisky about 
liie bouse w Satniday, to preTcnt any smell &om the 
Bead body. Dedves, that Hue did not tdl lum, nor 



AKD HJILKN IC^DOO&AIm. 7^ 

did be ask wbeve he got the body. Dec^es^ that he 4id boI 
olMs^Tve whether there waa any blood upon the body* Aod 
being specially interrogated, dedarea, that he had 9o concern 
in doing harm to the woman before referred to^ of the ^ame 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 hjoen .sheet, a pil- 
low 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 oc* 
casioned by his having stmdc Helen M^Dougal upon the nose, 
as is known to Gray and his wife ; and the blood iqpon 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 trut^- 

Archd. Scoi5t. /q. jv Wm. Bubke. 

A.M'LucA8. (^'S"^) G.Taw. 

A. Maclean. 

At Edinburgh^ the 10th day of November 1898: 

* ^_ ___ 

In presence of Oeobge Tait, Esquire, Sheiriff-Subatitttte 

of Edinbuyghsmre. 



> \. 



Compeared William Burke^ present prisoner, in the Tol*. 
booth of .E£nburgh, who being exmaiiied^ arad the dedaxa-^ 
tion emitted by him befbre the said SheufT-Substitiifee of. 
Edinburghshire, on the 3d day of November current,., being 
read over to him, he declares that it ia iaceanect in sever^ 
particalars — declares that it was upon the Friday mmungt. 
and not upon the Saturday morning, that the woman, nam^ 
Mary Dougherty, came to the house, and that all that is said 
with reference to that woman, up to hef going ontat 3 o'clodk» 
happened upon the Friday, and Diol upon the Soburday ; and 
deqlares that the Soot being wet in eonseqnence of Heleat 
M^Dougal imd Gray^s wife washjxtg in the bouse, those two. 
Women washed the floor then, rather thm defin it tiU next 
4lty^ and the floor was usually washed twice a week, and it 
was usually washed on the Saturday, as one ,of the days :. 
iThat those two women contmued doing, things about the 
house, and the declarant continued working till it was duski$h:. 
That the deckrant then stopped work, and went <Hit ai^d 
brought in a dram, because it waa haUoween,. and he and thev 
two women sat by Ae fire and drank the dram, and while 



73 TKIAL OF WILLIAK BURKB 

ibej vere doing so, WiUiam Hate came in, and the declar- 
ant went for more drink, and they dl four lat drinking till 
they got pretty hearty. Declares, that when he was out for 
drink the second time, he foimd 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. Declare§, that while he and Hare were 
stru^liug together, Helen M'Dougal and Hare's wife did 
what they could to separate them; but declares that there 
was DO noiee, and, in particular, there were no cries of mur- 
der. Declares, that after they were separated, they sat down 
at the fire together to have another dram, and they then miss- 
ed Mary Dougherty, and askedthe other two women, what had 
become of her, and they answered that they did not know, and 
the declarant and Hare searched for her tbTough the house, a&d 
they both went straight to the straw of the shake-down bed 
upon the floor at the bottom of the standing bed, to see whe- 
ther she had crept in there, and they found her amongst the 
straw, lying against the wall, partly on hei back and partly on 
her idde : That hei &ce was turned up, and there wag some- 
thing of the'natiu^ of vomiting coming from her mouth, but 
it was not bloody : That her body was wmn, 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 c ', say 

what further they .proposed to do, ai [ and 

Hare's wife immediately left the hi ■ any 

thing, and the declarant supposed it d not 

wish to see the dead body : That Hare 

waited till the neighbours ^ould be ^_. , ^ ., con- 

uderable stii 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 be cannot say by which of them first, to sell the body to 
the Sui^eons, and th^ 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, re- 
ceived subjects, and that they would put the body into a 
cheat, and get it conveyed to Surgeons' Square, the following 
morning, and they then sat down by the fire agiun, and Helen 



AKB HSLBN M^DOUGAt. ^3 

M^Dougal and Harems wife then Teturned, 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 tell asleep, and rose next morning soon after- 6 
o^dock : Declares, that Gray and his wife came in about 8 
o^diock in the morning and l^hted the fire, and prepared 
breakfast, and they all got breakfast together, and the decla- 
rant then went out, and brought in a dram, and sprinkled it 
under the bed, and upon the walls, to prevent any smell. : De- 
dasres, that he went out about 12 o^clock noon, and was 
out for about two hours walking about, and when he re«- 
turned, he found Gray, and his wife, and Helen M^Dougal 
still in the house, and after that he was occasionally out. De- 
clares, 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'^dock : 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^- 
Gulloch and put the tea-chest upon his back and told him to 
follow Hare, but they did not tell him whajk^^ir&s 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 Fri- 
day 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 por- 
ter 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 in- 
terrogatied, declares, that he cannot say whether the dead hodf 
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 te 



74 TRIAL OF WILLIAM BURC£ 

her, and he has no knowledgct or suspicion of Haie or any 
other person having done so ; and it is his opinion, that the 
woman was suffocated, by hiying 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.UG^ 
but a good deal of force was necessary to get the body inta 
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 wa^ used, such an 
could have hurt any part of the neck at all ; and being spe- 
dally interrogated, dedares, that no other person had any cob- 
com in the matter ; and, in particular, declares, that a youi^ 
man, named John Brogan, had no concern in it, and that 
Biogan 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. 

A&CHD. Scott. (Signed) Wm. Burke. 

A. M^LucAs. G, Tait. 

A. McLean. 

At Edinburgh, the 19th day of, November 1828. 

In pres^ce of Oeorge Tait, Esq. Sheriff-Substitute of 

Edinburghshire, ' 
• 

Compeared William Burke, present prisoner in the tol- 
booth of Edinburgh, who being examined, declares, that 
he is thirty-six years of age, and he was bom 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 
jkame of Daft Jamie ; and he does not know of such a person 
having lived with Harems 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, dedares, that he has 
a brass ^uff 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 de- 
clares, that he had a snuff spoon which was taken frdm him 
when apprehended, and he purchased it for twopence in Sep- 
tember last from a hawker at the West Port, whose name and 
residence he does not know, and being shown a brass snuiF 



ATflD HELEN M^BOUftAL. ^S 

box, and a snufF spoon, to which a label is attached, signed bjr 
the declarant and SheriS^ 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 suritiame he does not know, but whose shop is next door 
fo 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 tfuth, &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 S3 years of age, and she 
was bom in Stirlingshire : That she never was married^ al- 
though she has lived with the prisoner, William Burke, for 
10 years : That about a year ago they came to reside in Tan- 
Ber'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. De- 
clares, that James Gray and his wife came to live with Burke 
on Sunday the 26th of October. Declares, that the only per- 
sons who wejre in the house on the night of Thursday last, the 
30th of October, were Griay and his wife, and Burke and the 
declarant : That Burke and the declarant arose from bed on 
Fridfty morning about 10 o^clock, and Ann Gray made break- 
fast for them ; and when she was making breakfast for them 
Surke 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 
fire 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 ask- 
ed leave to light her pipe at the iire ; 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 wash- 
od her clothes, and Gray'^s wife dri^d them and ironed them ; 



76 TAlAt OF WILLIAM BtT&K£ 

and while that was doing, she talked about havisg oomefrom 
Ireland in quest of her sOn, and soon after she eame 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 
loo, and he did not know but she might be a relation of hia 
mother^s. Declares, that about 1 o'elo<;k in the afternoon 
Burke brought in some whisky and gave them a glass once 
round, it being the custom of Irish people to observe Hallow- 
een 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'^elock. Declares, that Bmke 
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 wonder- 
ed 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 agiun, 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 w&at 
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 aft;er- 
wards Hare and his wife came' in, and they four had some spi- 
rits 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 le- 
turned, 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 UM 



fitty^s vife^ vho still remaiaed in the house along with her 
husband, to sort ^be 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 
die tea, and Gray and his wife and Burke took breakfast to- 
^getfaer, 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 aft^ 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 aQ day : 
That Burke was sometimes out and sometimes in, and he lay 
down for a short time. Declares, that about five oVlock that 
afternoon the declarant sent Mrs. Gray to Mrs. Law^s with 
some clothes to get mangled ; and Gray and his wife left the 
declarants bouse 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 tdd the. declarant that a man was on the street with 
the declarant^s gown, and she went out and found Gray stand- 
ing at the head of Tanner'^s Close' with the gown under his 
ann: That she got her gown fi«>m 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 maos^led : 
That the d^larant 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 re- 
mained 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 Cionnoway''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 par- 
ticular, 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 sus- 
picion of there being any dead body in the house ; and, in 
particular, of its being under the bed, till after she was ap- 
prehended. • Declares, that there is only one bed in the house ; 
and declares^ that so far as «he Imows, nothing was under the 



78 T&lAL OP WILLIAM BUftKB 

bed except a few potatoes and a little straw, which had fidfefl 
from the bed. Being intenogated, declares, that she had no 
conversation with Gray regarding a dead body ; and in parti- 
cular, never promised him any money not to say any thing 
about a dead body ; and being shown a coarse Unen dieet, a 
co&rse 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 rdative hereto, declares, that the sheet be- 
longs to a William M^Kinn, &om whom the dedarant got a 
loan of it. That the pillow-case was used for containing 
dirty clothes, and lay at the head of the bed:a8 a pillow, but 
she never saw the dark gown before to her knowledge. De- 
clares, 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 totn. 
Declares, that Burke had no money on the Friday, and he had 
to borrow money for their break&st on the Saturday morning. 
That the declarant got 36. firom him on Saturday night, but 
she does not know where he got that money ; and, b^ng spe« 
cially interrogated, declares, that she had no concern in kSluig 
the woman Mary, or in hurting her, and do6s not know of 
Burke, or Hare, or any other person being concerned in dcMng 
so, or in concealing the dead body about the house, or in afbrar- 
wards disposing of it. And, being interrelated in r^ard to 
some marks of blood on th» sheet and pUlow-sIip, declares, 
that the marks upon the pillow-slip were from her nose bleed- 
ing, in consequence of Burke having struck her; and the 
blood upon the sheet proceeded from the dedarant, in conse- 
quence of her state at the time, as was known to Mrs. Gray. 
And all this she declares to be tirnth, and that she cannot 
write. 

Archd. Scott. (Signed) G. Tait. 

A. M^LucAs. 

A. Maclean. 



At Edinburghy the 10th day of November 1828. 

In presence of George Tait, Esq. SheriffSubstitute ci 
_ Edinburghshire, 

Compeared Helen M^Dougal, present prisoner in the tol- 
booth of Edinburgh, and being examined, and the dedaiation 
emitted by her before the said Sheriff-Substitate, at £diii> 
burgh, upon the 3d day of November current, bong read 
over to her, she adheres thereto. And being interrogated, de- 



AND HSCBK'M^DOU&AL. f9 

» 

dniejs, ^at between three and four o^dock of Friday afteitioon, 
the woman named Mary insisted on having salt to wash her- 
self with, and became otherwise very traublesome, and called 
for tea di£Perent 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 
bl&ing interrogated, dbclares, That Brogan did not bring any 
woman into the house. And being interrogated, declares^ 
That WiUiam Burke and William Hare had a shght differ- 
ence and struggle together on Friday night, as she thinks; but 
th^e was no^great noise made, and no cries of murder, so far 
as she heard. All which die declares to be truth ; and that 
she cannot write. 

Archd. Scott. (Signed) George Tait. 

A. M'LacAs. 

A.'II'Lean. 



The Lord Advocate addressed the Jury in the following 
terms i-r- 

Genilemen of the Jury. — It is now my duty to make a few 
remarks on the tenor of the evidence which has been laid be- 
fbre 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 
you* own judgment, without one word of comment from me, 
satisfied that, in the chai^ which you will receive from the 
Court, before you retire, a much more luminous and impartial 
detail of itst substance and bearings will be given, than can be 
ej^ected from one holding the situation which I do, as Pubt^ 
lie Prosecutor. But this is a case of no ordinary complexion ; 
and I am, therefore, called on for some observations, more es- 
pecially, 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 
weife to allow the evidence to go to you for a verdict, without 
some remarks on its tendency, while its true effect would per- 
haps be impaired by the able comments of the pannels^ coun- 
sel. 

Gentlepien, 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 



80 TBlAh OF WILLIAM BDBKE 

who are brought before this Court accused of offences ; but, in 
this case, I am proud and happy to see the most distiiigiiished 
among my brethren engaged in the defence of the prisoners — 
coming forward and lending the strength of their great rtalents 
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 pamiels; and in them 
the law and the country at large, will derive idl the b^iefit 
which may be looked for from the knowledge and the elo- 

Siuence of such distinguished advocates. If an apquittal should 
ollow the proceedings in which we have this day be^i en* 
gaged, I hope it will be acknowledged that I have only done 
m^ duty to the public, in putting these prisoners on their 
trial ; and should they be convicted, they will be ablv defend- 
ed, if they have any defence ; and the countiy musnbe ^satis- 
fied that the conviction will be just, when tne defence is in 
the hands of counsel so eminent, and so universally and de- 
servedly respected. 

And, Gentlemen, this aid of able counsel is of the more im- 
portance, 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 descriptioiiV 
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, circumspec- 
tion, and ability. It is my duty, Gentlemen, to remove that 
alarm which prevails out of doors, and to afibrd all die pro- 
tection 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 tranquiDise 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 fiiliy determined that 



AND Bmunf M^DOU&AL. SI 

everything in ray power shall be done to bring to light and 
]p«mi8hmeiit dioss deeds of daikness which have so deeply af- 
fected the public mhid. 

6mtle»en, before I pioceed to detail, which I shall do yery 
' r^ the evidence now laid before you in support of the in*> 
diGftoient against die prisoners, I must impress upon you what 
wiH -be more eloquently and emphatically told you by their 
coonsei and the Court, that in judging upon the only charge 
now under trial, you mre to banish from your minds all im- 
pressions which you may have received &om any other source 
than £rom' the evidence itself . To that evidence alone you 
must confine your attention — and you are not to allow your- 
srives to be moved by the fact that there were other charges 
in the indictment of a similar description, because these 
changes have now been entirely withdrawn, for the present, 
from your consideration. Those charges have been separated 
firom that now to be tried, at the spedid 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 
B criminal in a form to the prejudice of the party accused. 
The pannels are accused of murder — and the three instances that 
vrexe libelled w^re only three separate* facts in support of that 
g^aerid charge. But since the prisoners and dieir Counsel 
have made Amr option to be tried for each separately, and the 
Coprt have sanctioned this course, I willingly acquiesce in it. 
I must say, however, that in framing the indictment, includ- 
ing all the three charges, I did so to give the pannels the 
fairest chances on their trial, and for the purpose of prol»ng 
to dbe bottom the whole system of atrocity, a part of which 
I have this day brought before you, with evidence, which, I 
ccwceive, amounts to the most complete and convincing proof. 

In going over that proof. Gentlemen, it is not necessary 
that: I should read oveor 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 Pub- 
lic Prosecutor. I shall, therefore, content myself with a con- 
densed and connected reference to its import — ^&om which I 
have no doubt, you will find a verdict of guilty against the 
paimels. 

Gentlemen — ^the chain of evidence in this case is very com- 
plete, and you can, firom the testimony of the witnesses you 
haye. heard examined, trace the poor creature who was mur- 
idefed, from Mrs. Stewart^s house, in the Pleasance, to Burke^s 
lio^se, where she was bereaved of life, and whence her body 



TRIAL OF WIUblAlC WSKE 

mt» ifterwHids eanied^ bjr ihe diiedmi of Budu^ to Bft. 

Kniox^s dissectii^^TooiiiyiiiSargmna' SqusferwhereBinkfifliiU 
it to the Doctor, and delivered it to his asaiftaiit Thisrisrthc 
enenoe of the crime charged, and it is denij estaUbhed in 
eiddence. You have heard ihe eyideace of Mrs. Sleiiarl^.liuii 
m the forenoon of Friday, the 31sl October last, the deoeaaed 
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 dieiSacnu 
ment wedc, and on Hallowe''en-^two cbcumstanoes wkieh en* 
mfale «11 the witnesses to speak positiTeljr on that point* Y.oa 
kare next the testimony of Charles M^LacUan, who lo^|ed 
with Mrs. Stewart, and who accompanied the deceased as far 
as his own shop in St. Mary's Wynd, wbeve he parted witii 
faer, betwixt nine and ten o'cbck on the forenoon of thatiday*. 
You hsve then the tesdmony of William Noble, Mr. Rymer^a 
shop boy, that she met with Burke in his master's shop, at an 
carfy hour in -the forenoon of the same day, when be asked 
her name, and struck up an acquaintance with her on hear- 
ing it, upon a pretence that it was likely she was a kiDa«- 
woman ; and as she was destitute, and seeking charity^ he be- 
guiled her to his house in ihe West Port, by pretenmig kind* 
ness, offering her breakfast, &c. Mrs. Connaway, who hved in 
the same house with Burke, saw him pass into* his apatftnteiit 
with die deceased in his company, id>oui the middle of die 
same day**-saw her again in the evemng in Burke's compai^, 
when joUity prevailed — dandng, and singing, and drittking; m 
all of which hospitalities the deceased joined, imd was in peiL 
feot health and good spirits; and, finally, saw her gefrom 
her (Connaway's) house into Burke's, about eleven o'dodc the 
same uight, 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 leav^ 
that matter quite dear. Then, the disturbance in Butke's 
house, after the pannels, and Hares^ and the deeeased^went 
kito it, is instructed by all the neighbours ; and the* testimony 
ef Alston is most in^poitant ; for, in addition to the other 
eireUfUdtances previously established, be proves that, betwixt 
eleven and twelve o'dock the same night, he heMPd k riot in 
Burke's house, and cries of murder and distress, which induc- 
ed him to go in search of the Police; but not finding an 
officer^ and the cries having ceased, he concluded ihe riot 
to be over, and the misehi^ which he appvehended, to teat 
an «nd It is also proved, by Connaway and others, (JMit 
Burke went io«ft in die evening, and was absent' about tfea 
d'oiock, at which hour) it is proved by Eliambedi PateMeii» 



A3rB IIStBN: It'BOUGAL.. 83 

ikm Svake oiDed, la^puniiig Ibr her brotlier, an luisistsnt. ta 
BriKjdoXy Lecturer «n Anatomy; and. he being, frotn.hmne^ 
that JBurk^ poroceeded with the deceased, and the oth^ per«> 
aont itfeited to, ineludiiqi^ the defonet, into his own apart*- 
vent, at eleven o^dock that night. There is the teslk 
nionjr of Gmy and his wife, that they^ being tempofarj 
lodgers in BTiike''8 house, were requested to go elsewhere 
fin' thai night f and that their lodgings for that night were 
peovided and paid for by Burke; and they confirm many 
particailars stated by the other witnesses. Then there is 
Ae ^testimony of Paterson, Dr. Knox's assistant, that Burke 
came to him. at twelve o'clock the same nights— took him 
4o..his house, and told him he had got a subject for the 
Doctor. You have the eridence of Gray and his wife, that 
«n 'Saturday the Ist NoTember, they found lying under die 
hedf the dead body of the deceased, whom they had aeen 
^die^prefvious night m Burke's room, ative and in good heaitb. 
There is no evidence' that she was drunk. You have the 
evidmsce of the porter who packed and carried the dead body 
to Surgeons' S9uare«^*^){ Paterson who received it in a box, 
and* paid £5 of the price to Burke and Hare-^of the shc^^boy 
who sold the box to Burke ; and thus proof of every circuni>- 
trtance,. except the actual fact of muidering the woman by 
the pannris; and then that is supplied by the testimony 
o£ the Hares, who, no doubt, were socU orimim^j and 
irko. explain all the horrible details of. the perpetration of 
ihts V deliberate and midnight murder. That they are liable 
fto suspicions as socii cHmmis^ I. admit ;> but they only corto- 
Jborate evidence which, in all its parts, would alone be sufficient 
to bting home the crime to the pannds : and, however worths 
leas diese persons may be, it is with yoo, 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 
inrhat could only be seen by them at the time — being an occuk 
cxime, committed in the dead of night. When it is proved by 
H>tiier unexoeptioBable evidence that Burke ^seduced this poor 
destitute woman into his house, on a pretext of hospitality, she 
being at that time in perfect heaJth,'that hewent to a p^son with 
whoolhewas in the habit of dealing in dead bodies, as anatomical 
-aubjects, at ten o'clock-*- went again to Mm at twelve the same 
JB^t, and offered him a subject-*-*and next day carried it, and 
aoid for money the body of the deceased, whidh has been fully 
•and satisfactorily identified,-**^wbat conclusion can be drawn 
fimn all this good evidence, ooiroborated by that of the soon, 
but that dmBe^pannels had perpetrated the foul murd^libel. 



84 TBIAL OF WILLIAM BITmXE 

led, with the intent and purpoaiie of seffing the body to be dis- 
sected, 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, — ^recondhtble, except in the most trivial 
and unimpor^nt points, and perfectly conclusive against die 
prisoner Burke. The credibiUty of the socH 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 axe 
borne out by all the other circumstances that are wdl esta- 
blished. In particular, I must call your attention to the tes- 
timony of Hare, that Campbell went out into the passage and 
caUed" PoUceand 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 " Pohce,*" " For God's sake go for 
the police, for there is murder here ;" and in a few minutdB he 
heaid some person or animal give fainter cries, as if it were 
choking. 

This witness is above all suspicion, and e ui i obugate s 
Hare's edition . of the transaction in these most material 
particulars ; and then Burke admits in his declaration many 
of the fiicts 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 li- 
quor 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 himsdf, 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 
dear. I, therefore, submit to you. Gentlemen a£ the Jury, 
that you ought to give a verdict of guilty against the panneHs. 
And if you do not give a verdict against them, I do not 
think it possible that in any case I shaU ever obtain a ver- 
dict against the greatest criminals. The crime now charged 
is one of unexampled atrocity-— unexampled in the history of 



A)9D HELEN M^DOUGAL. 85 

cratiaed Countries — anil the occurrence of which, in this coun- 
try, 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 eri* 
dence which has been laid before you in support of the charge 
against the prisoners. We have now been seventeen hours en- 
gi^ed 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 nearing of evidence in sup* 
port of the prosecution. Such a mass of testimony must of it- 
self cUstract 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 tnat legal proof which you require, as 
& jury, to find a verdict against my client ; and tnat it is wholly 
destitute of force, on the main, and indeed, the sole fact in the 
ease— 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 
d&nt, however odious, or however abandoned he may be in 
any other respect, is ftilly entitled in judging of the case now 
before you. 

The pauQel, Burke, labours under great disadvantages—- 
He is avowedly a person who has been engaged in the loath- 
some and detested occupation of procuring dead bodies for 
dissection ; and this circumstance is calculated to excite prdu- 
dice, and ought to guard your minds strongly against bemg 
influenced by any feelings, except the convictions of your im- 
derstandings, 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 prepos- 
sessions 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 



86 TAIAL OF WH^LIAM BURKE 

l^fats of law atid of justice, you must look BtfitdHy At JWt 
duty as jurjnncu— not to the many irrelevant circumstimoef 
which have been this day Bworn to, but to the eridence which 
faaB been laid before you of a murder having, as is alleged^ 
been committed on the body of Campbell, and committed bj 
Iny client Burke. Now, I maintain, that of these avermeBtv 
there is no proof at all — ^for none of the witnesses, except 
Hare and his wife, swear to that point — and they are so ut- 
terly contaminated — ^and have such strong and obvious mOr 
tives to criminate my clients in order to screen themselyes^ 
that their evidence is of no value whatever. They are incre*- 
diUe as witnesses — and they are in this case the only wit^ 
nesses. It has been said they corroborate the other witness*- 
€8 ; but this cannot be the case, for there is nothing to .corr(K- 
borate. There is no other evidence of the fact of the murder 
charged in the indictment but their testimony ; and that testis 
mony cannot be believed. 

Gentlemen, it is the great and governing principle .of our 
law, that in all cases of alleged murder, the &ct of murder 
must be proved. In the highest species. of murder, that of 
high treason,-^that of compassing the death of the King— r 
the overt act must be established by unexceptionable evidenoeu 
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 
prindple extends its protecting power. The fact of murd» 
must here be proved; the fact of murder by the hand of 
Burko — for without that fact being established by good, cre- 
dible, and unpolluted witnesses, there is here no case, aod no 
evidence whatever, in support of the indictment. 

There are many flaws and inconsistencies in the whole of 
At evidence ; and Hare and his wife not only contradict eadh 
other in several instances, but the statements o^ both are con- 
tradicted by other witnesses who also contradict one another. 
Thus Mary Stewart swears that Campbell left her house in 
tbe 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 wo- 
man Campbell met in his master^s shop ; but Mrs. Connaway 
says it was mid-day when they entered Burke^s house to 
break&st, and Mrs. Law makes it two in the afternoon. But 
this is nothing to the contradictory, testimonies of Hare aad 
{lis wife themselves, as to the scenes in Burke'^s house. Haae 
gwears that at the time of the scuffle the old woman went out 



ANSI BELBN U^JOOUGAL* 8? 



into ihe paisage and trkd ^^ poUee,^ imd ^^ nimder T but bi« 
wife swean diat she never went out of the inside door, nor 
erbdoutat alt. And the wife even contradicts herself ; for 
at another part of the evidence she says that Canipbell did 
call out ^^ murder.'" Again, Hare says that when Burke was 
above Campbell on the tioor, and when his wife and M^Dou* 
gal heard the first screech, they leaped out of bed and ran in<> 
to the passage ; but the wife says that she was not in the bed 
when Burke wa^ lying on the old woman, but standing be- 
tween the door and the bed. And after all the scenes which 
diey pretaid to describe with such accuracy and truth, Hare 
says that he did not go to bed, but slept on a chair with 
Iris 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 
tiie 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 Sa- 
turday, we have a similar tissue of contradictions. Hare 
vwears that Burke took the body firom under the bed, and the 
porter helped him to put it into the box. But M'Gulloch 
8w«ars 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 setdement of the price by Paterson, 
we have more contradiction. Paterson swore that he had 
seen both Hare and Burke deaUng 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 some- 
thinglfor 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, lOs. 
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^CuUoch, and Hare, prevaricate and contradict 
ea^h other in the clearest and most unequivocal manner. 
Paterikm, who was qiiestiomfd as a person having medical 



98 TRIAL OF WILLIAM lUAKE 

and anatomical knowledge, as to the appearance ofi the^Wdjc^ 

Stoned, that the eyes did not project when the subject was 
en from the box, and Dr. Black swore that the eyas wese 
nearly started from the sockets, and he further .aaid diat 
Docherty^s appearance was very much the. same with that. of 
persons brought to the poUce office who had been suffocated 
with drink; and he declared he was a&aid to.iiazard an 
6pinijon whether her death had been occasioned by violence. 
Dr. Christison merely stated his opinion that it was probaUe 
die had suffered a violent death ; but there never were medi- 
cal opinions on the whole so various and inconduave in sup- 
port of a libel for murder. 

These particulars in the evidence may appear, trivial.; but 
in a case of circumstantial evidence, - the most trivial . cir- . 
cumstance is of):en of the greatest importance in judging of 
a witnessV credibility; and when you find among. so many 
of the witnesses in this case such a cluster of inconsiateneies 
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 
white-wash themselves as far as possible by inculpating the 
panned., it is utterly impossible you can give credenoeito Adr 
testimonies, or listen to it for one moment as the evidenfie of 
witneB.:es upon which you can with a safe conscience give a 
verdict against the pannels. The Dean concluded by uxgiiig 
the jury to keep in mind the general principle on which 
thiB safety of every man in society rested, and the nece^ty of 
the murder being proved upon better evidence than, that ai 
such nefarious witnesses. 

Mr. GocKBURN, for the pannel M^Dougal, said, Uiat.in 
pleading her defence, it was only necessary .for him to:asmiisie 
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 af^ listening to 
the powerful argument of his firiend the Dean of Facuky. But 
he would assume that the guilt of Burke was established, and 
\/^jft followed P Not that the other pannel M^Dougai had 
aided and assisted in that murder, but that she fled ^[pa the 
scene described by Hare, and did not even witness the^alrod.- 
ties of which that monster held himself out as a willij^ and 
passive spectator. Although it were correct and credible,- it 
proves nothing against M ^Dougal. But to talk of their ere* 
dibility was a sportiiig with men'^s lives and a mockery of jusr 
tice. The evidence of these miscreants could ..not he^ijeceiv^ 

in the same manner as the evidence of an honest persiN^;. : .Their 

1 



r AND HJBLEK M^BOUGAL. % 

QhMftCfier wag written i» characters of blood, that never could 
be effaced from the recollection of those who heard their horrid 
narrative. Goul^ they conceive that an accessory to murder 
was worthy of credit ? — and yet the law made him an admiafr 
siUe 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 y^rd of the murdered and murderer, and raised not 
an arm, nor uttered a crv to save the unhappy victim calling 
for h$Ip ai|d staruggling 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 ex*- 
^rtions would, in such an awfiil moment, impart pnrenzy to 
his mi«d ? 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. Cock^ 
burn, << if he had been concerned in other murders ; but he 
dedmed to answer. I asked him whether a murder was com- 
mit}^ i^ his own house in October last ; and again that mon* 
ster took shelter in his privilege. In what situation was that 
man placed when he gave his evidence ? There were other 
murdbrs hang^g oyer his head, upon which he might be H- 
belled ; be came from the jail and would be returned to it,— 
knowing full weU, that, if the case failed, he might be called 
upon to descend from the witness-box, to take, along wiih his 
wife, his place at the bar — ^in short, to exchange ^ces with 
the pannels. And if they were the pannds, and Bmrke and 
M^DojUgal the witnesses, then woiud Ae true state of the 
case appear and .the present witnesses would be proved the 
gjjikj perpeteators. The monster had come that very day out 
of jail, t9 which he would be again consigned if he iGiiled to 
make them (the Jury) believe 1^ story." He (Mr. C.) had 
<^ten heard o£ 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 hea&, 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 
witnea&Aiox^ sentence of conviction, legally disqualifying them, 
would have been recorded ; but being aUowed 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 cr^ble 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 iBi|)eaching another who was not probably so guilty?^ 



0t TftX^X OF WIL£IA-|C BlTftCX 

/ 

They imd «eto'the ^tU wn^tdi-^dife'infjit'ifcfttft 
WohAngttkSKH''-^ visible speotide of peniffy md proHigfu^. 

Andtihen^ «s to: Harems wife ; Mr. OodLbum said be ^d 
not know, irfaether or not die Lord Advoe&te had iQi j sldl! in 
fkymgtiaaiy. . dPerinps the Lord Advocate Uked her fac^-^ 
« good onfe . for a Kihg'^i evidence ;-— hint as hhr Ldrdship^s 
hack ^wss i0^v»,rd8 the iritnesB, he did' imt p^hapi^. (ie«f tfast 
woman's &oe so wefl as ^e (Mb-. O.) didi ' To Mtai'^Vtipp^ared; 
'that'an"th2Bt ciniiiteuaBoe 'cverj^ evii'pasgion wns-iMpihstc^. 
Kie^Mood in that foox^iwiih a nnsetwbie eh3d ui hear «nns,« the 
U%fated creatnie of vice and -misery ; and, instead^caaCiiig 
upon it n look of matemal tenderaess in its distress, At i^vin-^ 
ced n harshness and hrotaiity, and seemed to eye it in sudi ft 
manner as added taher mahgn aspect. He would' say, with^ 
oilt fear of conttadidticm, thait 'he never had, in the cocnie^of 
his prictice, seen mich wretches' piaced ki Ae witness :t»ox. 
The^ learned gentleman aHnded:to the declam^ns, and md, 
if the .j.uiy:albwBd their minds to - be u^eneed by the state-^ 
ments of dioBedocTUiMfnts^ the pannels wonU be l^gatty mnr^ 
dered. c « 

And m the ' condasien of his ispeech, Mr.. Cdckbttm ad^' 
dressed the jnry in' a tone of peculiar eioquenoe and itnpre»>. 
siv^ness: ^ {f,'6entlemeti^ (said he,). yon have 'imy^dMbtS'-— 
ybh i&nst give the pannek the bene&f of: those Amfate; a md 
after seeing the exhibilien,: and heuing.iliie teBtatnenies of 
Haretmd Jiis wife ihiftday as wi i n ew e fr-^oodGod 1 ican joa 
say there ^ste no denhts ? It is the duty <^ tlie Pabbc Prose^ 
cutDtto prove Ms case.hy good evidence; He has produoed 
a horde of wretdies who axe a pollution tb any evidMEUSe. The 
Haies, file Grays, the OsnnbwayB,' M^CulloehieE, niid Br^ans^ 
Ae whole host of . withesaes to ^very nlateriB} eiretmiiSMiise in 
the proof are poUnted. Talk net of suspicions ef dMogers to 
the ptsbiie^-^finr^inmy mind no ^miter danger can be imagin- 
ed than that of a cnounal >er£ct on donbtfui and pc^ktted 
evidence. Though the town aliould ling with damours and 
the countiy resound with them, youare oidy oified oft the more 
strongly to discharge your duty manfolly,' by the' exercise of* 
your own judgment;, and the dictates of your conscienees-«-4>an« 
isfaing from your minds every prejudice^ imd locking wefl to the' 
nature d? the evidence on whsckyou are called tocondenn a feU 
low-^a'eature to dealii-Hreoolkcting too,, that -when the public 
mind is i^tated and distorbed^ it is the GooHs ef Law, and - 
the Juries of our country, who hold in thieir hands the balance 
of jusdce-— aild that when the storm is' up, and popular* prejn- 
dice and passion* rage around, l^e louder is the t:ul for stn en- 



«d byiotTiBg ftD aequRUalK)£ M^Sougalfrom the ok^geiiuui^ 
agamat ber. . # 

. The LoB]> Justice Clerx began. hia charge to the Jur^ at 
n eVdock oa Thunday morning, and finished about half past? 
Gf^ His Lttdf^p expressed great; satiffaction at the- dew 
leaeehaivi^ been eommitted to such eminent counsel ; for^be* 
obnld'aasoae Aem ^thegury) he nerer- had heard the defence 
efany indmduals idondneted wkh more seal and censummate 
abili^ dian that of thepmonevs. There T^t^ another consi- 
desatioBidiiGhhewas called upon t^bnng under their notice ; 
Mtiefy, to^ express 'hU thoidngh eorifidence that they woufd 
dtmst thienr m^ds oi -ev^ tmpf^sion or prejudice whieh^ 
mi^ have bee^ ndsed from what they had read or heard oat 
ef doersi It would bea matter of infinite regret^ ifwi^tings or- 
puMJeatioBas, :or aery sertt of pubhc fe^ing^ sKo^uld lor one instant 
aifect their mkids ; but hie was sure they knew their dnty too 
welly^td behnfiueneed-by pr^judke-? diey would be guided by' 
noihing bot.the ikcts as discloi^ dumg the- investigatibn. 

The evidence was partly circumstantii^, and partly dii^t. 
The first was composed of a number 5^ minute facts and cir- 
mmstMic^ ; and'the latter of* the testimony of aoeii. It 
w;dtiM%e their duty^— Fiisfr, to consider the general evidence ; 
SeeoiiAyy'tliat of the'socit^ and, Thirdly, the combined ef- 
feet of both conjoined. From these, the verdict, upon a fair 
inference dsawn 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 satis- 
fied she had hoi diedin consequence o£ violence, there would 
be anend of themquiry.- Iftheyhdd the cpntrary opinion, 
they would proceed 40^ consider, whether she had lost her life 
by the hands of. the p4spners, or one jor other of them- 
*' The evidence of the identity of her person was the first branch 
of the investigation. His Lordship ti^ti weitt over the wholfe' 
evidence with great minuteness, commenting upon those parts 
wfiefethere Were seeming contradictions, or which had been 
specially alluded to by the Public Prosecutor^ 'or,t{ie counsel 
for the pannels,' in thie course of the defence, but it is unne- 
cessary to recaj^tulate his Lordsjiip^i^ detail, as tb^ r^d^r h^ 
flie whole evidence itself before. him. . , 

M^th respect to the>ocu, his Lordship si^d thjey were 

entitled to credit. If they gave a true account of the transac- 

• dto . df which they spofce. He admitted they . were not .placed 

ifi'the'^ihe situation with persons against whom no sus^ 



92 TEIAL .9F WILI.IA>f . SffUU 

pkion existed ; Imt it was the duty of :the. jviy to SS^.jAA: 
evidence, and in as far as it was coirobcnatcd bj gDod'«vi-» 
dence, it was entitled to such a measure of credibilify as they; 
in their, consciences thought it morited* They iiad been told 
of the Haces being connect^ widi. other murdsra. WtA: 
what n^urders they might be.chaigeable^ he. did rtbi kn9w;> 
but to a certainty, they cpuld npt.be hheUedon.estlMrof. titer 
charges contained in the libel now uader .trii^ «)d. which- 
had not been, sent to the jury* It was, theisefirse, unfecnd*^ 
ed in law to say, that, these two peraotis :viere liable tOi 
be tried for. the two murders contained in: the indictmesal^j 
These individualu, . vho, were under the : pioteotioii .of*, tbe; 
Court, had been called as accomplices^ in jthe sanie jnan- 
ner as associates in robbery, wilftil . fiie-raiaiag* jmi ndier 
capital Qnmes. With respect. to .M^Dougal^: Lhis Lord- 
ship was understQod to express his opinion, tbat if the evi- 
dence was to be believedyshe hfid:been ap. accessory before, 
the commissiooi.of the crime, during, its commisaen, andl after 
i% was cora^nitted.; and„ upon the whole, he considered' the 
libel as niade out against both. _ • . j 

The Jury then retired at half-past eight oVdock to consider 
their verdict, and after an absence of fifty minutes, vetivmedl- 
into Court and gave in the following vc^rdiet by* their dbancel-. 
lor, William Macfie, Esq.. . 



VERDICT. 

The jury find the pannel, William Burk^ 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 MU)ougal, simpli- 
citer, and dismiss her from the bar. 

The LoED Advocate having moved for the sentence, of. 
the Court, 

Lord Meabowbank gave his opinion nearly in the follow-' 
ihg terms : 

My Lords, ' after a trial of unexampled length — ^pro- 
tracted to nearly twentyifour hours-*a trial in which the 
minds of your Lordships have been exerted to' the utter- 
most, it would* be improper in. me to detain the Court 
with cominenting on' the circumstances of this most atrocious 



eEi80^ ~«iri'I ftel that it is^qtnte im^ssibie for any one ^ho 
haa attended to theprdcecdings on this trial, to think that we 
baye any thing left to do, but to go through with the elistrei^s.; 
ingldidiy which is now faBen to your Lordships to perform. 
But>it ii impomble^'in considering the whole eircunistanoe$ 'of 
this distBcsdng case, not: to advert to that extraordinafy-^ 
that mcist iuexHn]^led, and that atrocious system, which every 
onetaiUBt feel baa been d^^eloped by the evidence that has; 
been .'bcoiiglit. forwaid. I am sure, and I speak in the pre-^ 
sen^e of your Lofdehips,' who can- correct me if I am wrong, 
that fin the whde history of thi& countiy-^I inay say, in the 
histovy of rciviliaed sdciety — nothing has ever been ediibited' 
that 18^ in any respect, para&sl to this case.' MurdeVS have 
been ^tmoikted befiire now ; crimes of all descriptions have 
unhappily been t0o. coninibn ; but we had flattered ourselves 
that #uir county was, in a great measure, free from the stigma 
of aaygrei^ orheiaous attodity comnntted within its bounds. 
That lihesa thoidd- haive been.:fi>und, therefore, not one but 
many leagued and combined* together, in order to sacrifice 
their unoffbnding fellow-creatures, for the wretched purjpose 
of disposing of their bodies, is, to the last degree, humiliat-' 
iag. The very announcement of such a system is sufficient 
to raise ideas of horror which it would be vain to search for 
words . adefuatdy 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 
cany conviction to every one who heard the evidence. It is' 
proved that the prisoner, in going up the street after some o£ 
his usual avocations in the morning, fell in with the poor.un-^ 
protected 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 h^ 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 intahis^ 
own house, and there, continued his friendship to her, inso- 
much 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 tp him- — she looked to him lor pro-, 
tection-^he felt he had dealt kindly .with her^ — she refused to 
enter the house iintil he entered with her. She did oiter with 
him. A struggle, or pretended struggle, ensued ; and, when 



I itoeolkct %ht^ the nommt Ae^ ftU Oat tttttggis raio^ f» 
ottUBOftralioiially entectun adiMibi that it was ft^ned, aMi 
g^tup &g • tfafe pm yaee ^'eatmpfmg her, andtiMim^-lier 
off her guacd. What did the incbfidiiai to wfam ek^ bolo^^ 
ffir jwotec^n now do ? She is thioYB dovH, and^ he, wttb 
the atrocity of a demoD, jmstantLy thiowg Mm$eK xtftm bm^ 
and oKtiiKguishefl life in a few momenlis. I do Me ttaia <ki9 
iprkh any view whatever of exdtiiig die leeHngB, or nggue$$ilbsg^ 
indignatiaii against the unhiqipy prisoner, -hit: i^ray wiwii 
i^ch a system of crime, in whidb tfaeie are maay acCet*, Ir 
devekped in the midst of tiiis.gfeat lAetn^bfis, I oiimot 
iteswt stating the impBesaion wlni^ it hAs. made upon tsy 
mmd 89 one of the meet monstnmif ednbttiDna of atreeitjr 
oYtx disclosed ui the annala of criminal jarisprndenoe'in Au^ 
or any other oountry. ' Sitting as I do in diis place, %h(ete 
is litde occasion to advert to certain natcets tbat w^M 
pointed at, Aoddoqnenlly jiointed at;.iB ihe oMise of the de^* 
ftoee* I'will oniy 4>bserve, that with «watlcM of ^emee-'we 
hayenothmg totdo. We.have notUngto do but t^lidmiida. 
ter the law as handed downto ns,. and God ^rbid that the 
claims of sdrace, or of philosophy, or of * specidation of ant. 
kind, shall prevent us finom feeting the horror which suck 
offences. are naturally calculated to excite. With respect t^^^ 
the issue to the prisoneiv your Leidriiips are' awntfe (hat^tlMt 
issue must be death, 'lie higfiert law has^^ssidy ^ Tbem 
sbalt not kill — thou shidt do no murder ;^ and the hiw of lids- 
QDuntry says, that he who commits murder shall suffer deadr. . 
The prisoner must have considered that he was committing 
the h%h crime of murder. In his breast, as in the breast oT 
every one, must be implanted that feeling, diat murdo' wa(s 
the most heinous of drimes. There is no doubt tiiat it is Ae 
duty of the Court tq pronounce sentence on the prisoner^ 
and I now suggest that he be detained in the Xolboodi^ oT 
Edinbur^, and that he suffer death on tile scaffold on^ llie- 
38th day of January next, and his body be given for diss^ 
tion. 

Lord Mackenzie expressed his concurrence. 
The Loan Justice CLESKlthen addressed the prisoner' 
nearly as fioUows :«— William Burke, you now stabd coMvieted 
by Urn verdict of anintriligent and wqpcotaMe Juty, «P**d|e 
atrocieiis murder charged against yon in die indictaient^ fqpm 
enridenoe wUdi conld not kave a doubtof yomr guilttm the 
mind of any one who. heard it. I so taJHj concur in the ww 
whidi has been sodoqpentlyj^vcabymylesniedbcotfaer, of 



liifi GoMKt inA» GBcmneiitaig on itv A; «riiAe more 4tcoeioiii«/ 
^laioie {»ld*Uooded^; ddibimte) mid «y«tem«dc prejwatkR^ 
:fiNr BOMNier, jksA tke motive jo {ttltrj, irai likalfy oHexBitipled 
Itt ih^ amuds of ilie oKdilrjr. It. is mfw^ toff dhitj^ to mftm 
jma^ dnit if «T«r it ivh deaer b^ood «11 posribflHy of a deubl,' 
tkat tfcU nmtemm irouid a anjr oast b0 earned iirto (vdl^ 
^aamiiBtiy..tlm 'm die caie. Yoa may t«st' asmired diaf 

rh.kaiv&.iiO' cbmoe. of pardott ; and I now would adleiRB** 
WJDU jmk to prefpare youv mia<l in the most suitaiUe 
miu^aer to appear in' a Tery shiyrt time before the tJhroneo^ 
Jkkai^xlff God, to answer for'thk crime, and fer ereiy etter^ 
witb: wind 70a: stand diargeidde' in yom: «wn conscience.; 
The necessity of repressing crimes of this nature prebkldef^ 
the possibility: of your entert^iniag' the slightest hope of a 
remission: of your sentence. The only doubt I have in my 
mindiBy.wli^Jber ia satisfy the violated laws of your country 
and the voice of public indi^adon, your body ought no]t to 
lie :^!diibited m chains^ to bleach in the Winds, in order to 
d^er others'' from the x^ommisiBion of similar offences. But, 
tnkBig:'into-.eoi»dderatibn that the'publie eye 'wenld be ofiend- 
«d by so dismal a spectacle, I am willing to . accede to a more 
lenient execution of your sentence, amd that ,ypur body 
abDnld be putAicly dissected. I tn:u3t thitt if it is ever cua^ 
teiMiry to preserve skdetons, yours will be peserved, in order 
that posterity may keep in remembrance your sitrbcious 
crimes. I earnestly advise you to . lose no time in humbling 
y^uisd^m t£ie sight of God^ andihat you wiA seek the M,r 
of the ministers of religion, to whatever profession you may 
belong. The present charges having been fully established 
flgain^ you, it<i8 my duty to inform you that you hav^ But a, 
tew days to remain on the earth. His Lordship then pro- 
Hpunced, with due .solemnity, the sentence of the law, which 
i#as recorded in the foUowing terms : 



SENTENCE. 

The Lord Justice Clerk and Lord? CQipmissioners of Jus- 
ticiary, in respect of the. verdict hefbre recorded, decern and 
ad^uaige t)ie said William Burke, pannd, to be carried from 
thle V^r back to the tolbqoth of Edu^burgh, therein to. be de- 
--iained^ ahd'td he fed on 'bread aiid water only, in terms of an 
jaet x>f Padiametit passed iii the 25th year %f iha xeign i^ Hia 



«t 



96 TEXAL OF WILLIAM B9BXE 

Majesty King Qtotgt the Second, entitled *^ an Aet for pie- 
yentiag the horrid crime of murder,^ until Wednesday die 
twenty-eighth day of January next to come, and upon tbat 
day to be taken turth of the said tolbooth to the conunoa 
place of execution in the Lawnmaricet of Edinbaigh, and dieii 
and there, between the hours of e^ht and ten o^dock befi»e 
noon of the said day, to be hanged by the neck by the hands 
of the common exeeutioDfer upon a gibbet until he be dead, 
and his body thereafter to be delivered to Dr. Alexander 
Munro, Professor of Anatomy in the Univerflity of Ediiw 
burgh, to be by him publicly dissected and anatomiaed, 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-pMiiounced for doom. 

(Signed) D. Boylr, 

A. MaCONOGHIE, 
J. H. MACKKNZis. 

Counsel for the Crown, the Loan Advocatk, Robut 
DuKDAs,.Esq., Archibald Alison, Esq., and Alexandea 
Wood, Esq., Advocate Deputes, James Tytler, Esq., Crown 

Agent. 

* 

Counsel. for Burke, Sir James W. Mokcbixff, Bart.^ 
Dean of Faculty, Patrick Bobebtsok, Mark Nai»ikb» 
and David Milne, Esqrs. 

Counsel for M'Dougal, Henry Cockburkj Dungah 
McNeil, Hugh Bruce, and Gbouge Patton„ Esqrs, 

Agent for both pannels, James Beveridgb, 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 gra^ 
tuitously. 



Having thus given a faithful account of the judicial fvoceed- 
ings in this imporunt trial, it will not, we trust, be an unac 
ceptable supplement if we subjoin some particulars connected 
with it, which might indeed have been interwoven in the pro- 
gress of the fon^ijig report, but which would have <mly in- 
cumbered the technical details that arc, of course, most inte- 

a 



Pi 



HELS^ 3l'X>Dl-GAL 



UkmJnCmrl 



bim'*«(guu<K<l'Si>4Bg iia«hR«atriiiHpirqd'Bwn't)|e-t|ri4,;j 
sMmtisB: 4»v per hafg, known ia Smijw^ in ve^wpfrtftt 



of • abiriit thBtHabea 
tin athtr in this, wbe 
not piit.fiidfa lurlMiul 
she vas best fitted to 
what was about to ts 
IcibsibnM to prat m 

)& du^ w(iirid.caneeal( 

thOBft wittieescq. wlncli. k ab*i» aSi cbifflaaig*: "i^lfat it 
lltoaM barajbMBJMocnn^ tihsMifaUwat)! •.wnKh Q^diiA 
iaaaafAfmi^ staaedi wjljk siiiA fvnl' c^a^,ttt b<q;iniiMnr 
hdi anaof iwryiflyy. ontntt be sB tfa wlly n|^«Meclt. 

. WanxgrgMoliottdw-.uft BufpikB nilaacooCthfl.tAilii- 
fuA^'of. Aft hman BndMBttiuiiiigy oeab Uriaat.of ^ iSetf 
pndnoad opon soivei li;^ ^jSgto «f VaOaitif* jtamAi 
apeeeh fin Buidt^ dta^bwo of- tb« Any. b^) iriva 'ksiwv 
trivdwie af (fsokn^ thib.lii9.ProKaittos:badnDfe.iiada'nit 



9B- WEBt PORT MV&DER8. 

Us ouie a^nst that unhaptiy man> and conflequeatly'; were 
for returning a verdict of Not Proven in his Gasie as t^cU a«r'> 
that^of M^DoQgal. No one who attended to'the evidenee* 
A it was led^ or who has examined it since, has been atte* 
tb'cBscover npbn what ground such a verdict was returned ' 
^¥dh in tlie case of the female pannel ; but had' tiie opinion > 
of ^i^e two gentlemen prevailed, and the charges against: 
Burke been . found not proven, Justice might have thtown 
away^her balance and broken her sword, aiid the Proseca-' 
tor might well have despaired of ever again obtaining a ver-) 
diet upon a charge of murder. Happily nothing so utterly 
monstrous as this occurred. Justice has received one vic- 
tim, but she will not be satisfied with this solitary sacrifice. 
Others yet remain to be claimed, whose hands are dyed in 
Mbdd,* and* whose criminality is not eitfaMsr in law or in mo-^ 
i^ty mferior to that of the unhappy man whose days ate' 
numbered, and who is doom^i to expiate his manifold criipes 
M1^^«Cftffold. rr 

. . . , • . I 

^ The intense sensation which has been excited among all: 
elasste by this extraordinary case, far exceeds what we hare 
ever witnessed on any former occasion. The 8tory,:wfaen it 
was • first. rumlouved, created. the deepest agitation. But it 
was treatieldby-iiiany as an idle tide, framed to feedthevidU 
gar apjpetite'|lM^>the marveHoas, and^'too honibletb be beL' 
li^^ j'Nor need we wonder that the moat vredulons tUoalil 
h««& been stalled by the recital of 'such aCtodoMs cruehyv 
which' finr s^rpmes any thing that is'uinrally foundin the 
records of crime. The ofience of murder, dreadful as it is^ 
iiiiaihap^ily>too.&niiltar in our crinunal pcoceedings ; but 
mSb an. aitfia% oontrived and deliberate sdiette,' audi a 
«y8t«nii|tie txaffic in Uood^ was i^rtainiy never before heard 
aof in thisiobimtry. li is a newpaMige in oar domestie Jii^ 
4my:^' ^itds enfiidy. out ^^the ordinary xange of iniqmty^; 



.«> 



wwx PORT )^/ioi:ai«. ^(W 

-and stands . by itsc^, n.dolitiary.B^oiminenl; of jirilkqy^ such 
'jM would afaaoflt seem tO' marie an '?xtinoti(m m the h^art of 
tall those flodal 8]wipalbieawUeh'];»i]i4i49u^tD his fellafw.jixea, 
and even of .that li^ j^f oonsdience ^hich -awes the mofli 
•haideiied; by the fear of final xf tvUwtion. In^ wonks of fie- 
.liim, no. donbt, where the ^^titej^j'.to^ produce affieqt) boorow^ 
•the aid of his imagmatioo^.t^e bave/tccouiits o^^sudh. deede^ 
peipetrated, perhaps, in the seor^ cl^mb^s of some-se- 
eluded castle, or in dte deq> recces of 'Some lo^e an^so- 
<que8tered haunt. But the. striking- and awfol peculiarity of 
the present case is, thbt we have laid open, not in the high- 
. wrought scries of romance, but in the sober records of ju- 
. dicial iBquiiy, a'd^a of murderers in the very bosom of dvi*- 
lised society, in the heart of our populous city, amid this 
J haunts of business and the bustle inordinary life, who have 
.been, if we. may so speak, liying on their fellow-^nreatures 9^ 
•.their natural prey. Words would fail to convey an idea of 
; the sensation that was excited in the Gdurt as iia the progress 
of the trial the horrid details cf this conspiracy were gra- 
.dually unfolded ; the craft by which the unhappy woman 
was lured to her destruction ; the artful prepiirations for (lie 
.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 deepar 
dye. . What a fearful character does it present of cunning 
land violence, the true ingredients of villany ! From first to 
;last we see the satme master spirit of iniquity at work to con- 
,trive and to execute. We see no doubt, no wavering, no 
compunctious visitings of the conscience, nor any sofl re- 
lenting; but a stem deliberation of purpose, that is truly 
•diabolical ; and it is' fearfid to reflect, that a person capable 
,of such oames . should have been so long haunting our 
streets, mixing in society, and coolly selecting sulyjects for 
his sanguinary trade. 



1^ im$9 iMKLT mmMtMM. 



^^«ce la ^"idvflbtffl a 4^A»MMii^4«i tim m viadi mi} 
tivts. "Phey 'Hre «Ldt in leiiiimi irMi Kb^ ttoztfl tew of •». 
iSety. ^Ghrhnfes of VMlcntoe itte <«li§ liaMMd yiDdott trf tedbft- 
11dm. T%e^ igfeMr tip ti»^MU'«itm% in that omigaM 
«oa^ imd "all tMm^ ^cOMnautifttiiti aia iifiamtmglf SiaiSih 
goiibtH by eroeky) imditite ft tfst yrdMyaamdiftwtwp nyi 

%i8ed, iJxMie c^^mcto ^daiMi)^Mtts 4uid' tt8 «uco6vd0fl Hiy «»tha8 
sdfici^Iy offibu^ m ^babt^ tAit «tiH iof a kM^taMBDUB «(». 

^einity iBQrpiK)ve*0ed»i7^^ kfiirtKiiii^filieraiiKatill 

ia va^-ejcpfiEiise tif %ftoittti<N9, ft^y^&e&f^ «ftd ^nca, ^iSddi W 
^ity teftsen %y «etrre^^ft)Vits Iruft miuiJti w« «niMt:dkogetlM|^ 
l«iiiiyir^ iajiid4t is m^lm ait^^MildifeMrt, if ik^ ai«jriaa!i|Mdk^ 

springs^ to «eflmli i|lM» ey^, ikxt eiitaes Jve ^irodtniL 

VnAet the w^lhsfium^^giim^sKt^ 

ittiinau )ieai% %»Mi« md iie <deaii; aiul it is tUdfy finNH 

tecrmted; ^nfl tltat^ Mea^b»a%^ «i9cli netdsm oriiK m 
Bfrke^r Sare^ior thtir fciitt}^ «timiKtes» ^ai^ cfaiaimifl 
«tymp^t<ttis te M^u^^ iatid«b 4lie iwKfafg» af tkc agelljr 
ibttir enonnous ^snaes. ft wK ^oenlly Jbe jfamd ihit 
pe^ eriimmftsHi^.Mt 4niy «idEtfd agoi amflMai, fant tUt 
Iiheymeimed«i!at0d«tid(groai]srjgiioraat; Imn^^daaiil^ 
in a xivjBMd^mxmosaky^imd mth Hummi haUii (if QnpaiM^ 
{don ftflt lliciy tMfMt av«M^ inut ^1 ia riBp^ taaiuMA 
jpiAtmftim, aM^ if 'at ^idl, Tiuad abofa ite }e«^^«ih 



ivi^ 




imutLTtimvamm. 4011 

^§silHm, mi af eitaihiMrig aiioblr^ii^ iammAm mid 
#10M%, ffcr 4lle)r go ita^tlK% nte vettiiled clit s ^(iIfe8l^ ¥M». 

oneft $ 4aidn^0re)MpMall70f «nak(»^^ 

In the coune of this trial, some allusion was made to the 
jttlsraMiof «<ieBd^ 46 'whitik, in 4li» imfttimjwfe addsM of 
jbiit JlifeAlt^tedc^ ipBevioBs 'to fUMBig venltaBM, flMne Jna 

4liU iiidbgtUt4S iigbAed^ fliecgrealer wiH %t the^vigQffliBe «*:- 

^tawklMiona^ is Ar tao dUioalfr «o^to«dMi b^^lKt bf 
AvliaMeiiti; IrssUbb, iltait lin ^pda^ fcrmcta^ iAm ww^ 
4lierelqr i»e tatseO, tvoidfl muiUplf the preaetit ^diActdtf^s 
4«iiliDM« We ctoMt ^pmriblyttetnpefaelidlhimiPwliaiin 
«aidd iMadfaie in ilis onattalr) xyr how' aaj «et iooidd %e 
#ataed to oiahe diat fegai "iidiieh is at pMseoi ilt^d. 
4kioiioe» it •shoit, (may he ii^iBedy bdt itrattilotpMdlify^c} 
jienefited by any public agitation 'ofthfeanbgeot. 




Dorii^ «lit ivjioie wnrse af tlv tnal Burke ihaiMifaHId 
Ihelaait perfect )8elf«fk)S(riEtesioa «Bd tranqufflicy, even n^hen 
IMM pMs «f tlie levUesee Oat made odieniiniidiricvaie 
tout>i|gaiB8t laaa. fie Oon^eMed ^oodasibBMAy ^idi M<9oti- 
|;al,«id metfe'Ani ionoe we^aaw Jrim :«Hite ibI sudt ^paitirlof 
4lM 4ieBti9Mn]e8tts fiobdhly ^afipeaiei^t^ 

.^^at Am tMUM «f Ui tiMI we nnduMMl diKt BioAte, 
ijhtatfcii# «\dorick asked ivfaK tewvuH tfet 4inMr% Md 



:102 .maBT,FOAVMnaim9m. 

J bci«g infonacd .H irould k abo^ tut^ he bef^ed tluU; iie 
.RUglit have, a biscuit or otnrQ,. aft he would lose his appetite 
*: before that tiiae'. .Both pannels ate bread and soiip. heattily^; 
: and-althongh^they diqi&yedliio, extemid marks of inwa¥d 
emotion, they frequently, espedally the^ 'wpmaa, took co- 
pious draughts of water. 

' \ : ' . , • i . * /.,'.■ ^ .' " •" . - • ' ' ' 
\ / Before the jury retired, laad during ^the tkne they-weve 
; endosed, Burke endearoured to prepare the mind olf li0^- 
^Dougal fiir her £ite, as, firom.the addbress^of the Lord-'Jus- 
. tice-Glerk, he supposed, she would be found guilty ; in the 
: view of which hegave her dfaectionshow she diould conduct 
' herself, desiring her to look: at and. observe him when the 
'. Lord Justac&dlerk was pronbuiiciBg seht^ioe. Wh^ the 
jury returned with their verdict^ they^ mentioned first that 
; tb6y found the libel against M^Dougal Not Proveni He 
. was immecBntely heard coolly !t6 ezdaim^ <^ Nelly, you are 
' dut of the seri^.'" After ^p Lord Justice^leris'^i address 
. to him he was very anxious that permission should be given 
: to M^Dofigal tar^ain 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, alto- 
getbei:^ the trial was one 6f the most inter^ting we ever 
witnessed,. by the horrors which the investigation disclosed, 
by the intense interest which pervaded the whole assem- 
blage, and by the picturesque and singular appearance of 
the isoene. This was not a lihle heightened by the expedi- 
i ent to Ytjmh the greater paM of the audience were obliged 
to resort for self preservation against the inclemency of the 
weather. By orders from the Court a large^window waa 
. tto^y^ opc^ as fiir as it couldl>e done, and a current of cold 
I damp air beat> for twent;^-four hours, upbn^die heads of the 



W£8T POBT MUBDSR9; 10^ 

whole audkifce. How far this was necess^iry or Considerate, 
we pfestiine not to say ; and we trust no fatal con^quences' 
will ensue ; but we must be permitted to express a hope' 
that some plan will' be adopted for preventing a repetition of 
a similar bdcurrence—^such an occurrence as last winter, on 
Mrs. Smithes trial, endangered the life of one of our most 
▼aluable and esteemed advocates. In thd 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 ro- 
inance, — 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 wheif he gave his evi* 
dence, he had a sinister expression in his look which made 
his presence peculiarly revolting. After being warned not 
to answer any questions which mignt criminate himself, ex^ 
cept with regard to the murder* of Docherty, instead of an-i 
Bwering Mr. Cockbum'^B hiterttogaiories, 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 ap- 
pel^tion of ^< the old wife.^ His appearance b^toJc^ns the- 



g y ^wm ^Skmtvtff, ^iFbap:i»i»iitlQ#rtW: that tt »hji|jhd» 

ii^ ii( p^bai^ l^s ta b^ mai^IM sM;^^ liharb. ^^ tb^-jivy:^ 
Dhqfc^ Oft thflT^8<WP|wqyo^giyhjw<^t^h^t(^ 



4i^ public 9C« UMkbled fer ib^ dmlfifiw^, of ihU'lu^ i^lMK 
der, aod'the exfoeiiEe of the: gwg of! QMatpreflU^ ^^BNlM 
in this trade of Blood, fbnns an interesting contrast to the 
piurtj inih nbqn^ theii: ipisctri^f made them^ fbt ^ tpne 
l)«drfeIlow8^ And' wh«9 it i^ b)Own, that in ad^Klaoii tor tfat 
toviptAtion foK' conceabiieiKt iwhkh tbeb po^ifa^ljr wdith^gnK' 
iDifwd rerwQid foe socsec^ i^iq^^IiiBdy t)i«ieriMgithQ*addili|M«ii 
(9M of somning iv^ opar iQ4atiA%c tMn h^jMsty^ tuawwwfr • 
]}9g|h?]; cbajsaot^ Ijliliheito t^^ h»^ iMHi.ill4k^t}lit|^ i||»- 

J9#i;viy3^8 #Qtitte th«Bk Tbi^ lioijlpk. g^/ir Omt^ t^s^imo^jnA 
ar^eMmess^ and. ^sesmiaii,. ai^ in.i^ m^ontst w]mih }^^iP9»k0 
^cteac covacimca,, aa4 m> 99». <k>iiM aea^ 8^4 ^^arr tfemi 
niAhPHfi ayappatbimg simBeaely/ witk ibsm 90^ ImtcibaMtf 
yaopte, i^^^ae^d^titttim an]^^^^^ tiMiQ(aq4.tiMJC'^<ikt» 
iqjpsft 01^ 4p Uoodg^ bad. of «M«» opi^^dWqii yEprb^B^' ^ V 
mf^ iMtmdy; at 9p> dwjtaMbpen(Qd»,iii^ bwo; pari^lM^ H^ tbay 

Iwd- BOt: baaft promd^jo^y. 4e )i»9iMM ^ Imil^ve tbiM 
l]^4daB.4^^UglMN llilw»]Nm^^Qhai«!e04.AM:tte 
"fiaiidiflh aaam itMift t BQwmlBld thottik iMinriBihi M*'*^***^^*^^ to 



W£ST JOST MURDERS. 105 

their uncorrupted honesf^ when diey foun^it oecessaiy 
to put them out of the way until their dee^s of darkness 
were perpetrated.* 



Bkme has sometimes been cast upon the periodical press 
for raising a popular excitement by exaggi^ted statements. 
In this case, no suqh charge conld be ^lade..,. The .press, 
up to the time of the trial, remained nearly silent, aiidthe 
dreadful ani^ revolting crimes' then divulgei^ were beyond 
the conceptions almost of tlfe most fertile imaginatiox^' 
Popular, feeling was however excited ; and the interest uni- 
versally expressed, has seldom be^n.equaHe^ inrntensity* 
At an eiurly houj in the morijiin^, thq avenues to the Court 
were crowds ; judicious, arrangements i^Sfd b^ made for 
the jurymen, witnesses, and those who irere concerned, pro* 
curing admittance by private. entrances; .fnd due precau* 
tions used to prevent a rush and inconvenient crowcUnguitQ 
the Court. Still, however, the court-room, which is small, 
was excessively crowded ; and although very few were su£> 
fered 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 syn^ipathy towards a 
criminal were laid aside in this instance, anf| a universal 
desire seemed to pervade all classes, # that both panneU 
should be convicted, and a regret that Hare also and his 
guilty partner could not share the same fate. All day, the 

*' Several benevolent Individttals have interested themselves in the 
behalf of Gray and hi* wife« and as it may be gradfyhig to the hearts 
of many to relieve the virtuous in distiess^ the pnUisber of this will 
most cheerfully receive subscriptions for Gray's behoof; and thepoh- 
Kcare earnestly in treated to mark their sense of this poor man's up- 
ri|^ and correct conduct when surrounded with tempters and temp* 
tationa to wUcfa a hm manly and honest iiltnr« tai^t have yields I 



r . - . 

106 WEST FORT MUHDEftS. 

Streets in the Neighbourhood of the Parlifltnent ^tiate ^eire 
thronged by anxious groupes, who eag'erly 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 indpeffect rumours of the objection 
made to the relevancy of the indictment, and the subsequent 
Account of its being confined to one charge^ se^iited to create 
a fear that the criminals were ^bout to elude^the grasp or 
tlie^faw on some technicial grounds. Hid such beenAe 
case, a popular tumult fiom the reckless, unthinling pifft 
bf the assemblage appeared an iiieTitable cotlisequence! 
Towards the evening, l^e numbers inctieaiBed ; ^smA about 
nine o^dock, a gang of blackguard men and boys proceeded 
to Dr. Knbx'^s class-room, in Surgeons'* Square^ for tibe pur- 
pose of desl^ction. Bjr this time the high constables,- and 
the othi^ bodies of consliables, joined to t&e ordinary police 
force, were m readiness, and the 'Steady front ihat waa ex^ 
hibited quickly' Induced the assailants to withdraw*' Som^ 
of the mob proceeded to ihe college, und brdke a few panei^ 
of glass in the windows of Dr. Monroes class-room and the 
nrighbonritig rooms ; but the arrivd of 'a party of cdnstaUes 
and policemen speedily stopped their jproceedings here also. 
Durmg part of the night, the concoUMe conrinued ; but & 
flie inclemency of the weathier contmued, and the night 
advanced, without brin^g a prospedt of a speedy conclui 
isioft, the people graduMly dispensed. The hour to which 
the proceedings were protracted, allowed time for them t6 
reassemble 9ext moriung, and with renewed patience wait 
the conclusion^ Hasty inquiriea about the result ifere made 
^y thos^ citizens who bad., spmt the night, oomfortably iA 
jbed, and wesenow proceedings to their places of businesl^ 
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 ^^oi:tuna(f 



•^ 



WEST POAT HUaOERS. IQ? 

,* •• .... 1 1". " 

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 
xfjoice to learn thai: ^ £^pw-beipg had escaped the fearful 
.death that the Uw adjudges to great criminals ; buit in this 
^ase there was expressed a universal feeling of satisff^ction^ 
and if at all alloyed, it was by theknowledge that the woman, 
^o was coasideri^d equally guilty, should not have been 
equally punished^ It seemed as if the enormity of their 
pl^nces hwi stopped the channels of pity, and an unanimous 
requisitipn for vei^geance was nuide by a w^ole population. 

The offipes of the newspapers published on that day were 
beset by e^ger purchasers, and the presses kept conptantjy 
f^t work copld scarcely supply the unceasing demand. It hap 
been computed, that eight thousand copies, in addition to 
their ordinary circulation, were sold in one week by thp 
Edinburgh newspapers alonp. 

A genepal outcry has been raised for the blood of the 
miscreant Hare, and if he, who is belieyed to bav^ been 
the author and principal actor in so many murders, be suf- 
fered to escape, it will be to the disaj^intmeut of the pub- 
He; every confidence, is, however, felt in the Lord Advo- 
cate. He, it ip understood, is still actively prosecuting his 
inquiries, and as long as the ruffian and his wife are de- 
tained in cpstody, hopes are cherished that it is with a view 
pf putting thpm upon their trial. Discussions have -taken 
.place as to the policy apd |eg|dity of such a course, some of 
which iirill be found in the subsequent parts of this work. It 
}8 not pur part to decide uppn the question, but apparently 
pothing will all^y the public fermept until either a resolution 
^o sifl the miitter regarding them to the bottom be promul- 
gated, or some officii fn|]i|iificiatioQ of its impracticability b^ 
made public. 



108 W£ST IPORT HUBDER8. 



CONDUCT IN LDCJC-yP-HOVSE. 



After the trial, Burke and M^Dougal were removed ta 
the Lock-up-house ; Hare and his wife followed, and were 
lodged in different apartments. Burke had hardly been 
seated, when looking round, he ^aid to the officers wha had 

him in charge, ^^ this is a coldr place you have Inou^it 

me till.'*^ The officers had been long inured to moral tur^- 
tude, to bacchanalian frenzy, and wickedness of every de^ 
scription; but lying, as he then was, under sentence o£ 
an ignominious death, for a crime of unparalleled atrocity, 
his unseemly levity strudc 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 ad<- 
mitted an evidence, he was aware that escape was imposaU 
ble, and he was prepared for the worst. It was stated to 
him, that as he had for some time lived a life of unexam.- 
pled wickedness, a fair confession of his crimes, and an ac^ 
curate 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 
^e 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 r^ret to the last hour of my exis- 
tence that he did not share the same fiitte.^ 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 Jande.^ Here the 
wretched man stared intently on the officer, and re]^ifid with 
]>eculiar emphasis, *< My days are numbered — ^I am sooa 
to die by the hands of man — ^I have no more to fisar, and 
can now have no uiterest in teDing a Ue, and I dcdaie that 



ym%T\ronT MUEBBfi'S. 109 

I wi jaB innocent of Daft Jamie^s Uood as you are. He 
was taken inta Hai«f*s hchise, and murdered by Imn and his 
iNTife ; to be sure I was guilty in so fiur, for I assisted to carry 
l&e body to " '■ ' , and got a sliar^ of the money .^ ' 

He stated, in answer to direct questions ofcourse, tbat it 
wail the general plan to look aft^ po^ and wretdied strangers; 
who were not likely to be inquired jafter by any person of 
consequence ; but promjitly refused to state, till he had con- 
fitdted his priest, iHbether or not he liad been concerned in 
My other mtokrs than those with which he was charged 
in the indictment, or whether he was in the practice of go- 
ing to the country fer the purpose of enticing poor wan- 
derer^ to his house. He' gave rather a different acco\mt of 
the mode in which he put the poor woman Campbell ta 
«kiath, 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 
ihe mouth of a bottle into her throat, and poured down 
whisky till she was choaked or nearly so, and that he him- 
sdf ^en sat down upon her, Stopping up her nose and 
mouth so completely that she died in a few minutes. About 
dufee o^elock, he inquired if he might be permitted to offer 
up a short prayer ; his r^uest was instantly granted, and 
4he uifthiq^py man prayed with great fervour for a few mi^ 
nutes. 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 
1)6 brought to a full sense of the crimes of which she had 
been guiltyi— ^that she might repent, and atone, as far as it 
was in her power to'do so in this world, by a life of quiet- 
ness, piety, and honest industry. At his request, the officer 
jead fdxiut half a doien chapters of the Scriptures, to which 



\ifi paid greal; attenOp^^ loccwjfgfl^ wmt " T^Sfma 
toudie8k^nlyonmycrijpe«.r. Wy^VWVP^9SPW^.^9llfr 
U)g fpf hi^ removal to ^ jail ob tbp Gal|p]|-^U, bip rgguef^ 
the of&Gers to yiait him. ip; tl:^ priaojO^ Qa.b^i^g ii^ofme^ 
that there would be no admittance to him, he said, '^ Well, 
ve)l, though I «houl4 Qftyief see you ^gaiQ, yoH.jviU see me 
09 t^ 2P^ JanuaTFi ^ H^^ bead of Lib)>6rtoa> Wyiid. 
\ hav^ Ji^f^ Qn}y fiv^ w^8 tp live, and I will np^^^^aiy 
4pert}y fqj: tbftt'cjfiy.'^ WM^ ii» j^.Lockrup-bouB^ ke m- 
p(reg8e4 ^P gi»»*^t *{ejHl irf t^p Jie^i^y irpn^ if tji? cfiftr 
dpmpe^ fjpJil. pgi f gi^blftg;' % jwly. feay^ver, ^p wj^ |§c^ 
.in tl^e wmA Y^: J^fid ^fer)f Bqgfiihk pypc^Htipii yilj b(5>8^ 
lest he ^i^d m »9^ iffgf^ d^fit |;^e «nd§ c^f jn^ti^ l^y 
^jcjfjis, §nd fMdd sjjlf4|8.^p>fiap^ |p tjie appap^^ig list jrf 

9ixK;p l)$fn p^mit^ tp bftl4 l*W fiwrcrsfttiofl ^tt Ijiflj, 
e:|^cppt his spfriM ippfipv^tjftra^ Jkmg^ h^ b« lf»P 
brought HP j^ the llpman' CalboUp faitb/i^n4 has ipldpiatp^ 
his i^splution to 4ie # na^tnber of (jie eblfl^) yo. a bpljef pf 
w)i08e principjes be haf been edup|^t^» b^ie^vp^ tbevkita 
of ^e Rev. Messre* Parteoys fn4 A{ar^b^) iviith the ssfrnje 
pleasure be does tho9e pf tlye Rey. (xeiylei^en pf his q^p 
pewiasion. He j^u due a^tendoii to )jbieir exbpr^tioQs-rr 
re^s the Bible o^jbip religious bpplc ppiiaMplly b| ^bpbr 
absence, and is maldpg every pi^pairalapn for tbp ff^ ^ 
awful cfaangp which he musjt soon undeigo. 



The i^om^ M^Dougal^ upiui heip rele^ye fropi tbp 
LQck-«p>Hpuse, in which she bad beeii decaine4 fqr 
two days ibr her personal piotectum, had i^e au^^^c^ 
or fiJly to proceed to her old binnta in the Wes^ Port, 
and even to veniyum t0 the stnsel. She ^eaa qivJMy 



tSS^ISy mmdi. r^K^MMjkly •fell' h^ iltb^. pvoJEimii^ 
i/Eihifike& to {he j^o^ Vffteh-dfhfe'y^^ellibM pDHl^^tbq 
to ISe iii^ediateiy alffdMe^ -^iCBi irHtiifimtdUSMt^ the wal 
conveyed to the watch-house. The jA6\ 'iftciredsed U> f 
somewhat alanning size for the slender force that was sta^ 
tioned there, and the oflSc ere had t o resort to an expedient to 
prevent an assault. A bidder was placed at a back window, by 
which it was pretended ihlft ^^hM tcfeiTcended ; this induced 
the populace to depart, when she was escorted to the head 
bfflc'e. ' S!fieef;Iifen 1^ fi^s''4)e^ ie^rM tifix^ expose^- to 
ntnilar da^§;er, and ^ oSifA' reki^fid by (tie- pdlitee ^cota 
finding th/KiVer (Ms^mi int^ e^c§^Mied'to &lloir her 
tbbv^ in%klll;y in :@ffiibyrgb-, #6 tbft ti atad ph)Geedec[ ti 
<Be vflage 6f RWffi^W^ffiRn^Mre^ k 

nibw settlecHV t¥h ^s^ that %he h^s Mtibe'left that villa^; 
imd lisr living ih '^iLb^^ 4Ai3i Constl^itib fiurke. 

•' On Sitoday, aftSer her confiwftftteht in the Lock-ujp ' alis 
fbiinerly dkaSbd; 4is wretfcheii WoiUkh tdtated a h6rrible^ 
but a plausible 'stdiy, to "oi^e of %e subalterns of aullhoi 
tity. '^e stated, tiat one nigte Burke and Jlkre were 
carousing in on^ of l3ie apfartinenl^tt|lf . Hare^ ^^'^^ 
shambles, on the profit of % ^H^ST^'ut^, In th6 
midst of tlre& unhi^owed orgies. Hare talsed hfs band^ 
and in a fit dF Ifiendi^h exnitatidn, statcfd that they 
could nevA Van't money, %r, when they were at a loss for 
** k shot,** ^a bdcfy for dissection,) they would murder ana 
sell, first one and then the other of dieir own wives. Being 
in the a^oinSng apartment, the females overheard, and were 
petrified by this horrible resolution, as they had every rea* 
son t6 be assured that the nionsters would certainly carry 
it into efifect. A discussion '6F %8me length efnsued, and 
ft are finaB^. succeeded ' fii ^ersu^^g 'Surke to^c^sent; 



IIS Wl^ST ]N)RT MqRpKB^. 

.diat when ibe. dornM 9ii0)rgency ,,did 9f^y^9 )fi^J>Qfm4 
Abvid be the fii^tidctjp. ^eace» tl^is wgmirqiia^y be aupr 
posed tQt . hay etim af impdineat a nA of a viol^iit dea|h bg 
the hitt9tds: of her iphumai^ huflha9df as ahe did of m igp^ 
Huiuotise9dj^|he.gaUw8. . . ... ^ , , 



, J 



AlfOTHBE, ACCpUKpr. 



j! 



When Burke was removed from the Coart^rocHn to the 
JiOpk-up houae,. be was considerably agitated^ and throwing 
himself upon his knees, addressed a prayer to- God, whom 
be had so giievously o£fended. During the rest of the day 
he w:a9 co|apofed». 9i^,eyen i^ppke cheeirfully to. the poUp»j 
man, who had the charge of him. He expressed his jpy. a^ 
the acquittal of M^Doipg^l^ He a|so said thii^t the Irii^wp^ 
man was murdered, not by him, but by Hare, in the man* 
n^er described in Hare>i testimony > but admitted that, d^<- 
ing the shocking operation he held h^r hands.. He confess- 
ed that he had pai^icip^ted iii majiy more ^ murders. tbjin 
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 fed when he was pjorsuinj^ his most ho^ 
rible avocation? He replied, that m. his waldng moments, 
he had no feeling, but that "vi^hi^n he eiept he had fiightful 
dreams, .which previously he had been unaccustomed to*. 
Th€^ fact is, that when awake, by means of ardent, spic^ts^ 
he steeped his senses in forgetfulness ; and his ^xcessivj? use 
of spirits accounts for his absolute penury at the time pf tdi^, 
being apprehended. He e^qHrepsed a wish that one of bia 
Counsel^ whom he mentioned, would call upon hifp,, that 



WKSr MRT 9CUROEKS. 113 

he might 'furnish him with notes of his life and adT^ntures^ 
as ha was desirous to hare his history published. At nighi^ 
ho had short fits of sleep, during which he raved, but iits 
expressions were inarticulate, and he grinded his teeth iq 
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 Galton Hill Jail, and put upon the gad. 



CONDUCT IK JAIL. 

Burke since he went to Jail has been rettuirkably oom-» 
posed and devout. He has observed that he is by no 
means a bigot in reli^oh ; tbat besides Popish churches, he 
had, when a soldier, attended Presbyterian, Episcopalian,, 
and Methodist ones, with the pieculiar tenets of all which he 
appears to be perfectly conversant. He says that he has 
received instruction firom good men of every fiiith ; and that 
^ real repentance and a strong belief,^ are sufficient to en- 
sure siolvation. 

He mendoned at first that he would wish to have a 
dergyman 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 Reve. 
lend Mr. Marshall, minister of the Tolbooth Church, with 
whose nunistradons he expressed himself much satisfied, 
and of the Reverend Mr. Porteous, chapliiiii <^ the Jail. 
One day Mr. M«rriiall, and the Reverend Mr. Stuatt, Ca- 
thoBb priest, caSed to see him; and upon being asked 



II 4 WElt PORT KTiritDERI. 

Whteli fre'wcMdil wish to Gonverse ^ith^ he'-npiied ihat be 
ii^^'&aye' both ; he has also receired visits fiN)in:*this 
Rev^e^end' Bishdp Patetnon, and die Revenaid Mr. Jleid*- 
Ctiiiholic pip(ei^s ; latterly/ sinoe the visits «f Aergjmen of 
his o^' persutlsion, he has declined' those of Mx. Maishally 
liiid they have< consequently been -diseontinued. Whether 
it be that the hoitors of his wretched deaithhave been miti* 
^ated in the cohtem|)lation by the familiarity irikh it^ idiicli 
time must produce, after the first shuddering sensations har^ 
passed away and left a comparatively apathetic calmness, 
certain it is, that he now ctisplays less concern about the sin 
than he did during the first few days ; he is peniteiit because 
his crimes have been' detected and punishment awarded; 
but w^re not this the case, in all probability he would think 
Hltle of the helnbuiBess of the eilsnees. 

' He continues %o be particularly atudpua duit lus asaociattt 
Hari^ should be brotight to trial, and reoAft the puiiiak 
ment he merits for his misdeeds, but assekpts that it' ia 

hot from any vindictive or revengeful feeling tfaaf hit 
cherishes towards him, but from motives oi humaBiljr* 
When eoHvevsing lately upon the. sulgeet, hia sfeted hi^ 
perfect conviction, that if Hare should again be let looae 
upon society, he would recommence his murderous career 
#beb he wanted money ; at the same time he dedared iliat 
he was afraid th^ spirits of his futuie Tictima voidd leprotdl 
him in the regions of bliss, for not having taken Qieasutld 
get Hare exectited, and thereby pseve&ting tfaeiv'viQkfitaiid 
ulrithnely deaths " . 



' A day or two after conviction he sent faitwaleh and' 
moiiey he'possess^ to M^Dougal; and when faifcaglaed iiiAi 
his misi»o& was exaeiited) expressed satisfaetioii^ rad oti-^ 
served, i* 'pdoif tiding it' is ail' I have to .'give helr^ lit wjK bb 



ct. •otte vm to^ her, and I wilt not mod hi" ' IU-fif99kA m 
terms of gtttX ajflbction to^srds btst, and antieipateft iha^ ifhe. 
wiB te alkwed to have an interview' with, bim belbreh^; 
sufftvik 

He ia free and commiuikative to tb$ae^ who-ftre Be^08f.| 
sarily about him, thou^ strangers oomng &eiif.tto|i^ 
eoriofiity are exdaded. .Had liberty .b(N^ Tt^fd^^l t0 j^Si 
tuitekejEs tor admit those who^ oame, they.n^igl^biaye clear^d*- 
a handaame sum': so mncb lis two gdw^ baabcKp P^f9^ 
for admittaaice* . . He i» wstobed' day: aod IHg}?^ *!^i 
dmiughottt the night kr is astertained ever]i half ]^ur ti^ 
tbe wiftdmlaB does not Ambet al hia peak. Avy things 
by whidi scif destruction cindd pbaiiblgr ^ effpbled V.M%( 
hnuAy kept o^t of hia way* 



• He is aiUeted wit^ a cancBr yfbkh bos be^ inoottectlYf 
stated to iMve been prodwed' by a bile .freBi[ Da& Jami^^ 
It is of long standing, and distresses him much, and 
would, in all probability, have, ended his.day;^ ^t ao dis< 
tant period, if he bad escaped ^ gaQpws ^ n^; there is* 
little doubt that Hare would have had no compunction in 
transferring his' comrade^s body tt> 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 ad- 
jmusUioS prisom fine and treatmei^ty.tepdsto divert,, his 
ound from his spiritual state id hia bodily discomfort^ The^ 
Gtodemn^d cell, as he obseryedy is but a comfortless place,^ 
cold Jad (ihaedess and drejAry, wbe#e hop^, at li^ast in such. 
d'Case aff his, never enters to eidiveH it ; chained in such a' 
I^ace.to' the gad-^^^nuch (^oniSiiem^t to bed is^-necefi^fury to^ 
produce a litda wannth, i^specialiy aft this seaspm; -whil% 
eoarse bread andrcoU water atQ buit lUip ahM(aUe food £o]b one 
who.lirariwciiieitomed tfcr sp^ Ipik vjprpfiigUte jj^uoa iii de« 



116 WEST POET JiniBKES. 

iMradiery and dnmkemiA&r The veiydepmifianof avdeill 
s[nritB must be felt as an ii^lerable giierance, and whye it* 
is jnopeAj withhdd, food, that oould in some d^iee. 
supply the craving for stimulants that such a long course oft 
indulgence, cannot fail to have produced, might surely be 
aflbrded. It^is not from-any notion Aat his af^pefite Aould 
be pampered that we mention diis, but fiom a desbe that s« 
liian in Ins awM situation, staacEng on the brink of eteiv? 
nity, and to whom a few.csabn di^ nay be of efennal im-: 
jbrt, Aould not have his mind, distracted: by any needless. 
I>offly mortifications. Hie law in this part of the ishmd hi^ 
manely allows a period for the purpose of giving an* op- 
portunity of rqientaace to the criminal, and time to make up 
his peace with God, while it at the same tim^ annetes ood« 
ditions which in some d^ee rendm the indulgence nugi|. 
tory for the purpose. The statute is a British one, toad 
probably die legislators did not contemplate that aniaterral 
of nz weeks should be spent \ifon this hard regimen* 

Captain Rose, the Governinr of the Jail, does all that hu-. 
manity diotatetf to alleyiate bis situation. 



HAEE^S BEHAVioUB. 



c' 



When the officers w^e removing Haate fiom the Court*, 
house to' the Calton?hiU Jail, he is reported, to the horror 
even of those men accustomed to vice in its.most hardened- 
aiid depraved ferms, to have been seised with a fit of.dia<i 
bolical glee at his fimded escape from justice. There- is^ 
something awfully appalling in the merriment of a bemg* 
who a>^ew minutes befororhad, to save himself iroin a 
merited fate on the gallows, by his tesdmony consigned his 
guilty partner to an ignominious de^th, — ^the comrade too- 



WEST FOKT SfUBDERt/ 117 

^hmH her iui4 kved lib die cottmisskm of ihemmeBj and' 
instructed in the manner of exeeuting tfaem. tt migbt eTen> 
bave been supposed, that the recollection of the appeMrittiiie 
he made in the witness" box, when he could only ei^cape from 
the arbwal- of numb^less murders, by skulking under the 
privilc^ a£' his situaiiini, would hare pieivientcd hb itn^ 
seasmiaUe mirth;' His wife and' he hare sineebeen ke^ Jii- 
confinement, and in^^urieshave been imlituted, apparently* 
fcMi! the pui^se of attemptii^ to pronre ■olte'of the nnmc^-. 
rcHis charges of murders^alk^^ against hun^ whidi, aUheugJl' 
unauthenticat€d and unproved) have assomod judi a'sbafte. 
as'to be.werthy. of oftciaLinTeflM^igatioBh ' 



*' r. 






Stories have b^ieti s^t abroad of his anSdety to shun Ih^ 
public gaze, and muffling himself under tJhe bed-kJbthes ti^heh' 
visited byti)^ authori^s. Usually, hdweVer, hfe shows no 
stich indisposftibni'tb |mblidfy ; but amuses hiinsdf inth'e 
ailing ground attached to the wittrd, aloiig with the oAer 
prisoners confined in it, and exhiMts no disinclination to be 
looked' at. He has the appearance of the greatest cffiron- 
tery ; and whether firom design* ot apathy, appears unc^iii 
scions of his being remarkable, orthat there is any thing about 
him that could satisfy curiosity. He is generally disliked by 
the prisoners, who, whatever may be their criniesj naturally 
share in the universal aversion that dauses any person, pre- 
serving evcsn a small portion of the ordinary feelings of hu-^ 
maaity, to shrink firom contact with a deep-dyed niurderiSri 
Joined to the horror of such companionship, another means 
of annoyance accompanies Hare; the ward is tho greatest 
object of attraction to the numerous vkitors to' the jail, and 
a groupe is generally waiting his a^|i«aTance; Ae oAet 
prisoners are- l^s either prevented firom tak&g thdr lisual 
exerdse^ or subjected to the gaae o# tlie assemblage. To 
obviate this as much lis possible, they are in the custosd of 



118 WVSX B0AT jy(VHDi£|l3«' 

shoTing Bue forward^ tad fiNroing bw tfi saliisfy ib^ ^pubtte^ 
GUTioBiiy, mid tbus rid tbem of llie •qsioymQe for a 



•^ Itgived Us flo smidlpteaiBiiietolDviBble toinfoieiE diefnib- 
lie, tliat tli0 Lovd Advocaife . has eaoaed inqitiiiM rtspeetui^ 
t^ie »t|od(m9'iM'derA to be jesioadd with vei^toTsted aee^ 
and Mdviiy ; aad it ia spud, tliat Mr; .Peel^ %m€taatf yAt 
&a«e ibr Ui«' -Hone^* Jiepntakakty has ocmnntinKatMl . withr 
U| 'Ix)tdslu^ i«GiqiW8tii]g^ t^ the mailer tboold luideigo 
a complete investigalioli* Oa oii^diy aakia tiMka.8e*4 
ven individuals) including four resurrectionists, and tbree 
pdrafipEis who wate u^ the habit of irefueiitkig Hafc^'a'h^iBe,. 
weij& eauAnined; the different auat^Bieal keturers< and v^ 
xipua m^esi geiMilenien faaye Kkewidf^ bften OKinwed. li 
wiMi $jfmeiAy mantioBed thatrone of d^ ipii^f^.of dia/B^|p» 
Court of Jniaiciary hada^rebeii4e4 a iKOHiAn in Gla^g^j 
lFh<^h|id:be€tti.0erva«bt'Wi|ii;Har^i apd liictr«^ ara i^o- atigbt 
gKQOada to hepeftbat theand tbe^othefii witt unfold a l^le of 
hf^ioms wbkS^ will -cause a jury to coosiga-.th«t^iR^(notwIed9B4 
fKiuderat ta the igaoaiHMiis. death. he -dese^^es* He is be* 
l^inpung to getr^BarkaU^ uneasy in hi« eonfinemeot^ and 
bis anu^us inquiries a^ the turnkeys m, the jail« the deeUno 
of Ins healthy and the dogged silence he maintailiSfc evince 
that he is IabounBg5 as.he weU auiy, under the mast sari^as 
^ffi^hension. _ 

^ Public dadufuir is abo- Wd against him and hi|( wife ; 
jpd every one is anxious^ i£ it were at all possible, that crW 
ss]lialpit)ceediaga should be oomme^ced against tfaam^ . Wf 
have no doubt, however^ that thoser who have so 6uoees^bl«> 
ly investigated and brought* to liglit those foul; 
wiSL anadousty delibarale^ apd floinly lesdve* en 



f -ITV V»!f r 



to be done. They have before them all the evidence, and to 
their sound diacretmi the irhole oiatler may be safely 
left. 

4 

. Jt k stated upon good authority, that measures have beelf 
talcesi with the simotiou and by the aatliority of the neareftt 
kindiFed. of James Wilson, oommonly aalled '^ Daft Jtamt^ 
for investigatiiig into the cau^e and manner of his death,' 
^nii ,if possible, hring^g those concerned in his alleged 
murdar to punishments ' Fior tibia puipose, an able- mi 
"active ageai; hai^ bc^n, empkiyed, and Mr. Jeiifejr, we tmder^ 
filta&d^ ia already reliSned as ^eniar eauasel feirthe intended 
fmsectttion^ while otiiir eminent cooasel have al^o been 
retained. •- i v-- ■•.'•^ •••:•'■.*/ 

r : > t • » 

». . ,...•..'.,. r. 

« Tbe pubUc at large' are making anxious and universal 
ittquiry after Paterson. This man,. instead of diedcing at 
t>nce the cooled of murdm*, and bringing the murdearera to 
justice, ^couraged the horaicidm and profited by the horrid 
trafSyc. Had he procined only such bodies aa were indis^ 
pensable Ibrbi^ employer's ha]l, ^re necessity might have 
been urged fis a slight paUiatioii of his odiouii eooduct, but 
h^ enjoined ijhe aasaasina to ^^ procure as many sufcjjee^ as 
!they could,^ *^ 'asked no qu^tions,^ and it is heycovi dis* 
pute, that he offered the body of the womim ]>och^y to aH 
emsaetttleetufer iti town fear Lr.l5, who spumed the prtv** 
posftl with weaited indigaation and contempt. Jt was proved 
4ia Burke's trial that be never paid more than L.IO for H 
,biidj,,and bad this gentlematiacceipted bis e£B&r, here vaa ait 
::«iide a pfofit t4>. Pat^zison. of L»5« It wQl evear be regretted 
If 9fir taveteppiadslimeat ilter uQ^^ reprobalioii mA ab- 
lk6]fBei^»!0«e9^IieittawiiQlesal€JdeiAKrin^ of bii 

•muxdered i^w' anli^Qeta. He baa Aot ahsoonded^ aa has 
Jbeen seperlcd, tiiflugkdisc^^ fran Dr. Knos'a service; 
he is still in Edinburgh. 



120 WEST POKT MUKBEIIS. 



fiCKKE^fl AND HAIE^S BOUSEi. 

Great numbers have been attracted to the habitations of 
Burke and Hare, where the slaaghters were carried on. 
Mr. Alston, the witness on the trial, who has the key of 
Barkers den, has been much annoyed by the multitudes who 
have beset him for admission. He has son^what unusual 
punctiUos agtunst making profit by the transaction, and, 
not umreasonably, is unwilling to be farther troubled. In- 
deed, little damage could be done now though die doors of 
both houses were thrown open, and tlie puUie freely ad« 
mitted ; the places aw completely ^smantled^ and only the 
bare walls remuning. The only danger to be feared is, that 
the eagerness to procure reliques, which has been so strange- 
ly manifested, should induce some individuals to break up 
the doors and windows. Grreat anxiety has been shown to 
be possessed of some article or othor which bdonged to the 
peerless criminals ; one man boasts that he has got Burke^s 
hammer; another that he has obtained that invaluable ar- 
ticle Harems whisky bottle ; a third has had the marvdlo^a 
good fortune to secure Buike^s cane, while others have ac- 
tually carried off small pieces of wood, in order to be con- 
verted into snuff-boxes, or some articles of &ncy. Hare'^s 
fiimiture, if the trumpery sticks that decorated his walls and 
supplied the place of furniture can be called such, has been 
8a£dy deposited in an adjacent cellar, which is securely pad^ 
locked, and all chance of a curiosity-monger getting access to 
the precious store excluded. In die late case a£ C<»der, the 
rope that hanged the criminal was said to have been aold at 
the rate of a guinea per inch, and if the Edinbiiigh hangmaA 
be as well acquainted with the art of turning the penny ashis 
flouthemprototype,he mcyposobly contriye to suf^ily as large 
a demand as the taste of the puUic creates at the sane rate. 



BUTKKES M®irSE FBOM THE BACKC©!']!!'? . 
B. Bacdi: entrance .vrticre&eBodiesw^c^brouelit out . 



WEST fORt iCIXRBERd. 121 

^tfiry inch, of course, being a genuine part of the cotd by 
which Burke was suspended. 

A sagacious personage, who is troubled with none of Mr. 
Alston^s scruples, observitig that Harems house was an ob^ 
ject of great attraction, rented it for a specific time, and 
shows it for a trifle to the visitors. His speculation will pro*- 
bahly 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 d.e oicupatiou 
of them had been the result of design instead of accident, 
as it certainly was in Burke^s c^e< Situated in the heart 
of a swarming population, and the resort of every sort of 
vagrant, they are stiU retired aild apart from observa- 
tion. In approaching Burke^s you enter a respectable 
looking land firom the street^ and proceed along a pas- 
sage and then descend a ^tair, 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 wo- 
men 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^) 
8o 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 pic- 
ture of squalid wretchedness ; rags, and straw, mingled with 
implements of shoemaking, and old shoes and boots, in 
such quantities as Burke^s nominal profesMon of a cobbler 



122 WiilST POUT Jlf71tDJI«l6. 

t^ould nerer abeoHiAt tat. A pot Mk of boHed: fq^M^ 
a prominent object. The bed .trafi n coMriie Yr<ioiieal &§m% 
without posts or curtains, and filled with old straw and rags. 
At the foot of it and near tlie wall if^ tkeheap^ straw un- 
der whieh the wetoan CampbelPa body wag OMicealed. The 
'window lookfi intp= si' small ooiirt, closed m by 4i wall. A( 
lhe top of the stair leading d:own to the room is a back «b- 
trance from a piece of ^aste gmuad, across wtich the bodj 
was conveyed by M^CuUoch. Ther« are severed oud^te '&ott 
it. Nobody can, however, discover where the cellar is 
fiituated in which itk $aid the subjecHs weve conceited ; dbey 
^were apparently conveyed direct fiom l^«rhamblM to iIm 
^sfiectiHg-rdoffls: ' 

t 

tiare\ house is a littie fuither west, in a dirty^ Iovr, 
wretched close called Taaner^s Claae, wfaidi alao apena MP 
^e West Port, from which' it descends a few 8tep& It has 
likewise a back enti'a&^e, which cfimmuiiicatiw 'with - the 
^aate ground behind Bttrke^g. it is a dwelling of more pna- 
teiision dian Bmic^^s, being eelf-contamed and poeaeaon^ 
three apartmai^. It is a one storey house, and tkosi^ di^ 
interior is liable to be ebserred by any passeir-by fran die 
-close, it is not immedii^ely connected witli othes4lwd)ing& It 
was, befoise tile tml, oompktely ^Testedof fnmkure: when 
^ceufued, it was ilted up as a lodging for b^gass and (oAfaer 
wander-erf, and ^^ beds to let"^ invited vagcants to enter, fite- 
quentiy to thedr destruction. The outer afMrtiaeint is large, 
and was all round occupied by wretched beds; ona room 
^sning from it is also lai^e for such a place, and was fvor- 
^shed in die same manner. So fstr £rom any conoeahnent b^ 
ing practised, the door gienerally stood <qken, and we have mun^ 
'tioned aboT« diat the windows were oveildofced by tb$ paaaeiK 
igers in the dose ; but there is a smidl inner apantanedir «r 
'^oset, the window of wUch looks only «pon a pig-^s^o anal 
dead wall, into which it is asserted they were accustomed to 



otadii^ tbair ^ptey to -be iiuj:deped. No finpme c«)uld har* 
bi^eA exc^d by oj^s of murder issuing fnaa sucb a. riotous 
and ^ordajy housey but it uras unUkdiy that ^.ny could 
leaeh the esa from the interior den ; and even though they^ 
bad, the house mi^t have borne a fair semblance in inmt^ 
while the murderous work went on behind. In the inner 
i^rtiMnt Burke used to wcnrk when a lodger in Hare^s^ 
when hi didwmrk, which. was seldom. 



When we consider this most singular and atrocious con- 
spiracy, 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 thet bloody drama. 
Hare, as far as we can learn^ is a rude ruffian, with all the 
otitwatd appearance of a tuffian ; drunken, ferocious, atid 
profligate ; and far likelier to repel than to ensnare any fom 
^y a specious show, which he is quite incapable of aasum< 
iiig. He appears, however,, to have been tb<& mf»re dee{dy 
designing of the two ; and to have over-reached his asso* 
ei^te,. Burke, wh(Hn he succeeded in always thrusting for« 
wands with: a view, we have no doubt^ of turning short upon 
him^ as be has done at the last^ and consigning him te th^ 
gaUowf^ when this, should be necessary, in order tp save 
hims^f Burke was indeed the only one of the two quaE- 
£ied to manage the out-door business of the oopartneary, and 
he it was, accordingly, who always went put to prowl ft>i 
▼ictin»s, .and to decoy them to thdr destruction. In his 
outward manners he was entirely the reverse of Hare. , He 
wa«^ as we learn &om good authority, quiet in his demean- 
out; he was never riotous.; was never heard cursing and 
swearing!; and even, when he wad the worse of drink, he 
walked, so quietly into his, own house, that his foot W9ft 



134 WEST PORT MURDSlUk 

scarcely heard in the passage. He was of a fawning nd^ 
dress, and was so well liked by the children in the neigh«» 
bourhood, that each was more ready than another to do Ms- 
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 inevi- 
tably accompanied the mortal struggle between them and 
the unhappy inmates whom they had enticed into their 
dwelling. 



MURDER OF MARY PATERSON. 

The fir||; murder which was charged against Burke, al- 
though it is surmised that several had been committed be* 
fore that time, is that of the girl Paterscm, 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 mom* 
ing, when they went to the house of one Swanston, to pro- 
cure spirits. Here they were met, for the first time, by 
Burke, who asked them to drink. He afterwards prevail- 
ed on them to go with him to breakfiist, and gave thera 
two bottles of spirits to carry along with them. They 
accompanied him to Constanl&ie Burke^s house, in the 
Canongate. This man was a scavenger, and went 
out at his usual hour to his work. After Aej had 
been in the house for some time, Burke and his wife be- 
gan to quarrel and to fight, which seems to hlave been the 
usual preliminary to mischief. In the midst of this uproar. 



WKST PORT MUBDBItS; l^S 

Hsre^ "who had be«i sent for, and vho was a prmdpal 
agent in thig scene of villany, entered, and in the mean 
time Janet Brown, agitated seemingly, and ahirmed by the 
aj^iearance of violence, wished to leave the house, and to 
take her companion along with her. By this time it was 
aboiit ten o^clock on Wednesday morning, and Paterson 
was asleep in one of the beds, totally unconscious of heif 
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 after^ 
noon 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 dis- 
posed of for L.8. The appearance of this body, which waa 
quite fresh, which had not even begun to grbw stiff, and 
of which the face was settled and plei^sant, without any ex- 
pression 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 sus- 
picion. 



JANET brown's STATEMENT RELATIVE TO THE MURDER 

OF PATERSON. 

The following is the account of the circumstances con- 
nected with the death o£ the unfortunate girl, Mary Pater- 
son, who was murdered in Constantino Burke's house, in 
GibVs close Canongate, as given by her companion, Janet 



•V • 



13$ SrBBT TOKTMCnmilSt 

Browil. Brown, tbou^ a giii df ike toim^ wiemi pownB^ 
ed of ooimderable iittelligeiice^ and Mia htrstoty tvitltdi»i 
tinctnesB snd with every mark of appaicMit truth. . Sb0 
does not appear disposed U> ex^geiate^ bat rather seems 
unaware of the inference thai may be drawn from somd parti 
(xf the statement. This account has been ixunmuMiGtittd bf 
herself, and is tiJten down neariy in her own -words. 
«. . • » 

Mary Paterson and she, after leaying the Oanongate 
watch-house, between four add five oVkck in the meniiitg 
on which the murder was committed, proceeded to the house 
of an acquaintance, Mrs* Lawrie, where diey had farhterly 
lodged. Mrs. Lawrie wished them to remain. They, hbw« 
ever, left the house in a rery short time, and went to % 
spirit-deaWs in the Canongate, named Swanslon* They 
liad there a gill of whisky, and while diinldng ii^ they ob-^ 
aerred Burke, who, in company with Swanstoii, was drinki^ 
ing rum and bitters. He entered iiito conversdtion with 
the girls, and affected to be much taken wiih' them^ and three 
gills o£ rum and bitters were drank at his explen^^ He 
wished them to accompany him to his lodgings, whidi he 
said were in the neighbourhood, and upon Brown express* 
ing teluotance, wai very urgent that sh^ should go^ say<« 
ing that he had a pension ind could keep her handsoitetys 
and make her comfortable for life, and that he would . stlUokd 
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 
bceiJdast when they reached the house. He purdutsed^ be- 
fore leaying Swahston'^s, two bottles of whisky, and gate one 
to each of the girls to carry. H^ then conducted th^m to 
Constantine Burke^s bouse m OibVs close. Th^ fi^und 



WfiST PORT M1UIDEU. 127 

there Conaiuitine and bis wi&; when iSbuty tmcfod ihe fire 
wiu not lifted, and William Biurke Bwore and abused tbe 
woman for her negligence. 

- Tbe fire was afterwards lighted up, and breakfast, coik 
eieting of tea, bread, eggs, add Finnan haddocks prepared^ 
but during this procesd, the two bottles of whisky w^e pro^ 
duced and partly drank by Burke^ Constantiue, his wife, 
and the two girls. Constantine partook only of part of it, 
jbaving in the meantime left the hou9e to his work as a sca^ 
Fenger. 

Before the whisky was finished, however, Burke had re- 
quested Brown to leave the house along with hinj. He seems 
to have considered Paterson as already sufficiently intoxi- 
cated for his mprderous purpose, and to have applied him-r 
pelf more particularly to Brown, on whom the spirits had 
not taken so much effect. Finding that the enormous quan- 
tity 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, al- 
though he seems never to have lost sight of his object, but 
to hav<e adopted ^very method to fiirther it, should never- 
theless have partaken as freely of jthe liquors consumed as if 
he had no other intent than to produce intoxication on him- 
self as well as his intended victims, and it appears surprising 
that su<eh 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 
|;his effect, and that he was intoxicated when the murder 
^a9 conmitted. 

After leaving this puMip-housd, ""BkOwn was' agdiii taken 






128 W£8T PORT MtTRDERS/' 

to Constantine^s, and the seocmd bottle of vhkky finished^ 
While engaged on it^ M^Dougal^wWliohad. hitherto been mw 
observed, suddenly started &om a bed, and joined in didnking 
the spirits. When she appeared, Constantine^s wife ivrhis- 
pered to the girls that she was Burke^s wife, and upon her 
upbraiding him for his conduct, Brown apologiBed fot 
being in his company, mentioning that they did not kno^ 
him to be a married man, otherwise they would not hare 
come, and proposed then to leave the house. M^Dougal re- 
plied that she did not blame them, but that it was his constant 
practice to desert her and spend his money upon loose wo*- 
men. 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, Constantino Burke's 
wife ran out of the house, as Brown supposes for the purpose 
of bringing Hare ; indeed, as she saw no other person dis- 
patched any where, 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 lei- 
sure to finish her. On this account, doubtless, he endea-^ 
voured to commence his diabolical work upon her more ac- 
tive companion ; he affected great kindness towards her, and 
pressed her to go along with him into the bed which M^Dougal 

^lad so recently left. As she herself obsj^es, however 

8 >' 



WEST POKT MUADEiU. 199 

much she might have beea disposed io yield to his wishes, dh« 
could scareely have done so after t]|e brawl she had so lecendy 
witnessed^ and while M^Dougal.was still matdng a noise net 
the door and knocking for arihiiittaDce, and she peremptorily 
.refused. Fortunate it was for her that she did so, as there cmi 
be no doubt about his purpose, if he had succeeded in get- 
ting her into the bed, and once diere it cannot be questioned 
that it was intended she should siever leave it alive. 

The confusion, and uproar whu^ had most j^robaUy been 
got up at £rst, as was their' usual custom, to cover the OMn** 
mencement, and .continued- afterwards to drown the cri^ 
^f the victims, had in this insiance an opposite elfec% 
and;BEown, who had become much akrmed by their pro^ 
ceedings, though still unsuspicious of the horrible reality, 
persisted: in her wish to be 'allowed, to depairt, promising to 
return in a quarter of an hour. Upon this promise she was 
suiFered to depart, and Burke at her request conducted her 
past M^Dougal, who was still upon die stair-head apparently 
much enraged. It is not easy to account for his allowing Ids 
prey to escape ft'om his clutches, probably he did expect her 
to return, and pach^ she got off more easily, as Hare, who 
if there is any dififeceace in their desperate wickedness, seem* 
to merit the distinction of being die arch-fiend of the two, 
had not yet arrived. If so. Brown again made a narrow 
escape, as firom the short time that elapsed before she return- 
ed, when the murder was perpetrated^ and Hare appeared 
standing as if unconoeiTied; he must have. come within a 
very few minxites of her leaving the house.. 

t 

She went straight to Mrs. Lawrie^s, and jestingly told her 
that she would not remain wii:h her, as 'she had got fine lodg- 
ings now ; but after informing Mrs; L. of the circumstances^ 
she agreed to go back along with her servant, and endeavovr 

c. s 



131) .iri.:fcT.JW>nT MURixii:ft«. 

tB get Fsterson reinoired* Upon her return, the did iM»t 
reeoBeot perfectly the dogeiniehich the house was situftted^ 
iend iqpplied at Swanston^sfor a direetion to the reddence of 
^e nan who left his house with them. She was told that 
(thty could not have gone mtk him, as he was a married man^ 
Jind did not keep company with such as they, but that she 
would probably find him in his brother'^s m GKbb^ Close. 
Even after getting into the close and the stair, she did not 
recognise the house, and entered that of a decent woman, 
Bnqitiring if it was there she was before. She was informed 
4ihat> they kept company with no such people, but that it 
would Ukdybe in the house up 8tair& Tbeif proceeded up 
acoOKdin^y, and found there M^Dougid and Hare and his 
wife. Mrs. Hare ran forward to strike Brown, but was pre- 
.ii»nted. Between heir leaving Burke's and retunnng,. she 
thinks there was only about an interval of twenty miuatea^ 

• U^n inquiring for Paterson, they aHeged l^at she had 
fpmt out wiUi Burfae, and added that ifaey ezpcx^sd tfaem 
iiack soon, and invited her to sit down and ti^ aiglanaf 
whisky with them: She did so, in die hi^e that Patenon 
aught quickly return. Mrs. L.^s servant ^n left them^ 
and M^]>oiagal coianienced a narratm of her grievances 
fisooi BaiJie^b bad conduct, and railed at him for going away 
widi the gid, and this while her murdered body must have 
been lying within a few feet of her f In a short time the 
^(NrvaBt returned for Brown, Mrs. L. havii^ become alarmed 
at her repeat, had sent her to bring her. No attempt waa^ 
made to detain her; but she was invited to return, wfaieli 
she promised to do. 

In tht' afteraeon she did go back, and was again, infirmeii 
by Constimtitte Burke's wife that Burfas and the. ^ had 
not leiuuni^ 



WS8T TQWX uvnj>BM. ML 

In Answer tdher »dl>se4ueat ioqpuries and thus^ of Mi!«* 
WoTthington, in whose bouse they Uved^U was pretended thaM 
Paterson had gone off to Ola^w with a pqc^man; but tbi» 
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 firiends if she had left Edinburgh, which 
she certainty would have done i hst cloiiif s alsg remained 
unclaimed. No more satisfactory intelligence, howey^, 
coidd be obtained, akid she never heard further tidings of her 
until after the murder of the wqn^an Campbell, when tbe 
mystery was developed, and the clones whidi Pateryon 
wove were found jm the West Port^ Upon being ^onfroi^ 
ed with Burked aitd M^]>ougal, sbe^ readily recognised $b^ 

She bdieyes firmly th^i Consta«tine Borke and hia wife 
were cogmsanit of tbe proceedings, both from their wfimi^ 
ft the time and the oonduet of Gonstantine afterwards whei^ 
she questioned him about Paterson. Whenever shp saw 
him, whidb she frequently did at bis work early in the mgxn* 
ing, she inquired after hen His ai^wers w^e always yerjr 
sudy ; >on iwo oecasiops sayi»g, '^ How the b^^U can J ^eU 
aboitt yek Jiort of people ; you are here te-di^y and away to^ 
apMETow ;'" and on another, ap tf in i^usion to the borTJ4 
transaction^ ^^ I am often out upon my lawful business, 411^ 
how nan. I answer foe aU that takea place m my lumm inmy 
absence.'^ 

: : . • ■ ' 

. She repiseseiits Paterspu to bav-e been irregular in her bar 
faoite, bttt not so low as has been represented, and. appears 
indignant at it palt^ print of her, in whii^ she is repre- 
sented in the garb of a servanti a di^ess in which she never 
Sfppearisd^ . j^e bad been w^U . ^du^ated &r one . in ber situ- 
ation^ andrpii^sessed a fine pier^oi), ^r ^Jbicb sb^ was n^pfe 
reiii«dk«Ui than besiuty pf facp» , Tb« stpry ^kifk Jiias ^ 



VBSf wteST POUT MUnDUBS. ' 

peared in the ne^^apers about hier modid* hemg a'hovie- 
keeper in the vest country, Brc^wn digged to be'ulifeukicbDd/ 
She was' a- native of Edinbutgb, and her mother is dead. 



MURDER) OF «« DAFT JAMIE; 



/ w « < 



f 



Tbe second murder charged in the- indictment ^ctas^ 
that bf James Wilson, commonly known by the usxtit:o£ 
*' Daft Jamie ;" and the circntti^tances attending it wenr 
ieven more revolting' than those of th€ women' Paterson 
aiid Campbell. None of their misdeeds > has :exeit6d a 
greater feeling of indignation in the public mind. Jamie 
was very generally known^ and witsauiiiviersal favourite. 
His appearance marked the imbe^^ilky of his mind, and 
was such as to make every one regard hinv with a feeling 
of tenderness and sympathy; He was- perfectly liarm«4 
less and inoififensive, and possessed apparently gjMlf 
kindliness of heart. To all who had occasi^ to* be-tMi 
the streets of Edinburgh^' whether at an nearly > or ^ats 
hour, Jamie's appearance' was perfectly famrlJar^T^'waii^ 
dering about, in every sort of -weather^- barefeeadisd^ Mttui 
without stockings or shoes/aiid hi^good-'humoured Isogfa 
and salutation, -by an awkward bow and' twitch of "the 
front lock of hair, were readily recognised and .replteii 
to. Though roaming almost constantly about in this 
guise, he was never known as a'bcfggar, btart occasionally 
Visited certain houses, where he was admitted as afami* 
liar guest, and kindly- entertained, while ^en in 'these 
he conducted himself in a modest' unobtrusive ihanireF. 
He used to allege that he* did not need money, as he had 
sometiines the " feck o' half-a*croun on him." -: Jamie 
was by no means, however, the mpping idiot that he lias 



WEST PORT MURDERS' iBBi 

been- represented. Thotigb undoubtedly imbecile: and' 
iheapftble ofauy continuous mental exertion, be possess^: 
ed. srotne smaH portion of intellect. To the boys of Eyiinw 
burgh, hi^ knowledge of the days of the monjth and week,> 
and*facility in cojmputing on what day of the week any. 
giyen time would fall, were well known; • indeed, he' 
scHfnetimes appeared to serve in place of a kaiendar/tcn 
tlyem. His musical talents were also appreciated, and. 
be was often called upon to entertain shis juvenile ae-! 
<|aaintafices widi a song, which he executed in tolerabte' 
atyle.. ■ ... > \ 



. ) . 



i He'was scrupulously clean in his person and.liiieii^' 
ebttnging it frequently^ - His hands and feet, though un^ 
covered, were also observed^ to be always clean. Thej^ 
were peculiarly formed, and by his feetfhe is said to h^yef 
been recognised by some of the studJentis in Dr. Knox'sl 
dl&s^eting rooms. . , !. • 



J ,. 



It is a curious fact, that almost all the natureUs who 
have lately beien known on the streets .(^. this city,, bftve 
Hket with a violent and. untimely end. . Bobby Auld, 9^ 
cinteiiiporary asui acquaintande of Jamie's, wasikiUed;b3![ 
the kick of an ass, andafterwards^became also a ^ubject:fgi; 
dissection. There is an . anecdote, told conceriring themy 
which is a curious instance of blind<iess to a perssonal de^ 
£ciency, joined to a just perception of it in another, an4 
at -the same time exhibits in a strong light what we baye 
said of Jamie's innocent and artless disposi&tion. It is 
narrated that the two met accidentally one day sonjier 
where in the neighbourhood of the Grassmarket. . ^Ml;^,9 
a cauld day, Bobby." " Aye is't, Jamie," replies Bobby. 
i< Wic wud be^the better o' a dram — ^ha^ ye oUy siller i! Ijl^ae 
tippence;'^ ^*and I haefourpence,"says Jaikm .*'Oh^m«Ki>^^ 



13^ W£8T PORT MURDERS* 

riKjoins Bobby, <« that'll g»t h^lf a mutchlcin.'' They then 
adjourned to aneighbouringpublic-house, where themoney 
was produced^ and the liquor ordered. But before any 
of them had partaken of it, Bobby inquired anxiously, if 
Jamie had seen >f the twadougs fechting on the street?'' 
*^ No," says J^mie, " I saw nae dougs fechting*"^ " It's 
a grand fecbt though,** replie3 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 in-* 
telligence 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 stoop 
standing empty. << Ou, man,^ says the treacherous Bob^ 
by, '^ ye bade sae lang I couidna wai^«" Upon Jamie'a 
being questioned what he had jdooe to . Bobby for tluai 
false play, he replied, ^^ Ou what could ye say to pair 
Bobby ? he's daft, ye ken.^^ 

Jamie, however, 'tbongh inferior to Bobby in tcickerjr 
and low cunning, . 'was much lii& superior /ia iAiteUect^ 
His &thep is said to have been a decent veUgMoa fliao» 
and took him regalarly.to a place of worship in the old 
town on Sabbathsy which Jamie, afier his deaths perbapa 
from habit, continued to' attend. When examinad by a 
respectable member^ it was found that his religious know^ 
ledge was far beyotid ttrfaat could have befen. expected, 
and superior to many whose appearance promised, more. 
His answers to questions were inteliigent, and out of the 
tisaal routine. 

It is probilble that this poor creature had been for 
seme time watched by the gang of marderers, and mark-^ 



•WEST 'PORT MURDERS. 195 

ed out as ope that niight be easily taken off without esc- 
citing suspicion. They had very much miscalculated 
however^ both the notice that would be taken of his di»- 
appearance, and the degree of resistance he was capable 
of making. Accident unfortunately threw him in ^eir 
way. He was met by Burke at nine o'clock one morn- 
'idg in the beginning of October last, wandering about in 
bis usual way in the Grassmarket. He instantly aeu 
costed*him in his- fawning manner, and inquired of him 
whether he was in search of any one ; he told hini he 
was seeking his mother, to whom, as tie was a creature 
of kindly dispositions, he was warmly attached. Th^ 
«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 kne^ 
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 tb^ 
greatest kindness for him, and having procured liquor, they 
pressed it upon him. He at first decidedly refused to taste 
it, but ihey so far wrought upon his good nature by th^ir 
assumed kindness, that they induced him to join them in 
their cups, and then plied him so effectually, that he was 
^Boon overpowered, and laying himself down on the floor, 
fell asleep.^ ■- Burke, who was anxiously watching his opi- 
portunity, 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 ruflians 
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^ rf prematurely roused. Burke, ac- 
cordingly, waited a little, but impatient at length to tic- 



196 .WEST PORT MUADERS. 

complis'h his object^ he suddenly threw himself upon 
Jamies and attempted to .strangle hin). Oppressed as 
be was ^ith the iDfluence ,of liquor, he was roused at 
once by this 4s$ault to a full sense of his danger ; and? 
by a dreadful effort, he threw off Burke, and sprung .to 
his £^t^ when the mortal struggle began. Jamie fought 
with ail the fury, of despair, and would have been ^n 
.overmatch for any. one of his ruffian assailants. Burke 
;had actually the worst of the struggle, and was a^ojjit to 
.be overpowered, when he called out furiously to Hjare to 
.assist him, crying that he would stick a knife into him if he 
did not do so. Hare rushing forward turned the ba- 
lance of the unequal conflict by tripping up Jamip's beelsr; 
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 hini in the most favourably 
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 in* 
to the house, and then sent for him to assist him in J^is 
inhuman design, — that Jamie not only peremptorily rje- 
fused td taste the liqiuor .presented to hifn. at firs^t, bu.t 
actually did/ drink very little of it, and not nearly; so 
^luch as to produce intoxication, — that he then sat dow^ 
upon the bfd, reclining backwards, and leaning upon hif 
arm, and that Hare sat beside him. in the same position, 
nd after some time, impatient for his prey, began tq 



WEST. ?OaT MURDERS. . 137 



« ft * • « 



attempt to spffpcate him in the . usual way, by pressii)^ 
hisr hands over his nose aixd' mouth. Jamie, .hQweyel', 
when he found him using violence, resisted stoutly,, and 
grappled with him ; and during the struggle, both f^U off 
the bed, and rolled on the floor. . Hare then called for 
Buri^e^s assistance, which he , effectually renderedj, by 
falling upon Jamie^s bodyi when, by their united efforts, 
he was dispatched. 

' ' • • . . . ■ 

Jamie fought manfully, and did inflict some injurie^ 
upon them ; but it is a mistake to suppose that Burke^.s 
cancer was produced in consequence of the bite which he i3 
said to have given. It wa$ originally thi^ effect of heat and 
fatigue in walking, which he had, neglected, and leading 
a dissipated dissolute life afterwards, it reached the' dan- 
serous 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 j^iv^nthem 
to Jamie. It was also observed that his spn wore his 
kerchief. 



^ t 



DISCUSSIONS RELATIVE TO THE TRIAJ. OP 
HARE AND THE SOCH CRIMINUM. , 

)t 

Since the condemnation of Burke a very important 
question has been agitated, not pnly among lawyers, but 
in society and the public prints, — ^namely, whether or 
not Hare, or any of the pthcjr. parties who were: con- 
cerned in the two murders that were -libelled in the 
indictment against Burke, but which were not brought 
to triaI,-*-^an now, afteir^ having been adinitted ,a$ 



IdB ' W£8T PORT MUKD£ft8« 

» 

evidences tor 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 b^ brought on for immediate discussion in a regular 
'shape, as the mother of James Wilson, one of the vie* 
tims, has been advised that it is competent to her, as a 
^privtite party, to prosecute Hare, or any of the other 
guilty persons, notwithstanding any arrangements into 
which the Lord Advocate, as public prosecutor, has en- 
tered with them as kins:'s witnesses on Burke's trial ; — 
and such is the strong current of public feeling in sup- 
port of an attempt to bring Hare to justice, that a sub- 
scription' has been set on foot, and some of our nobility 
and gentry of high rank have given the sraniction of their 
names, and the aid of their purses, to support the poor 
woman, white eminent counsel and an' agent-^^as we for- 
"merly. mentioned — have undertaken 'the conduct of the 
proceedings. Preparatory to such a prosecution, appH- 
icatibn has been made, in name of 'Wilson's mother, to the 
tporl^of Justiciary, to have Hare and his' tvife detained 
in* custody until an indictment shalt be served, and the 
other preliminary steps gone through, preparatory to a 
solemn trial of the question'.' ~ 

Iii the meantime, it may be interestinjf as a chapter in 
the history of this frightful drama t)f real life, to combine 
with the details formerly given such a selection from the 
arguments whfch have already been maintained on this 
point, as will afford a concetftrated view of the discus- 
sions which lie scattered oyer a number'of different pub- 
lications. . An5 in doing this, we stiiiU take'the Kberty of 
loppiiig off such parts, of the contrbv^sy as are' ettrane- 
bus to the. mere pdint of law, and a$ might tend to pro- 
long any of that irntation and personality Vhich very 



WEST PORT MUBDSB8. IS^ 

naturally, although not necessarily^ mingle themseWes ia 

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, inr 
eluding many interesting particulars hitherto unpublish- 
ed. This will appear immediately after, and in the 
meantime we trust that the public will appreciate the im- 
portance of the question now presented to their notice. 

^ The first publication, we believe,' on this subject Wfis 
an article in the Caledonian Mercury, of which the sub- 
stance 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 bear« 
ing 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 bottoin, 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 unde- 
fined, powers of his office. We are quite prepared to 
give him credit for the' perfect purity and uprightness of 
his motives in at>staining from the institution of further 



tiO wksT PORT MUKDE&8. 

r » » • I ... 

' / "J ' 1 i I ' ' ' ' • ' ..♦*.■ * 

inquiries, and in wisfeing to allow the veil, of which* 
corner only hid been withdrawn, to drop for ever on- 
scenes too horrid and bloody to be contemplated without 
fear, ftnd 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 calculate ':!, 
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 piit 
merely as suppositions) thd public have nothing what-' 
ever to do with any private and extrajudicial obligat,io^ 
of this sort, which however ex[^edient or necessary in 
some cases they may be thought, are in every case ille- 
gal; and the answer made to such an apologetical plea 
will uliquestionably 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 pro- 
tection. That incomparable miscreant, steeped to the 
very teeth in blood and slaughter, the origisator 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, — -^bs 
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 re- 
vealing 'the whole mystery of iniquity. , Besides, his evi- 
dence, if evidence it may be called, was unnecessary and* 
useless. , It ^as unnecessary, because^ >xclusiv^ of his 
revelations, there was abundant evidence to bring home 



' ' f I- 



W£ST PORT MUlt]>SR8k ' 141 






the crime' charged to hoth'qf the prisoners ;'atid it Was 
useless, for what Jury would predit the testimony of a 
wretch whose only title to be believed consisted in his 
having been concerned in the perpetration Of threes per- ^ 
haps 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 vil- 
laia was admitted to " pieach.^ 



. This was followed by an answer, reply, and various 
replications, which we shall content ourselves with in- ' 
serting in iheir order, den lided only of such portions as.^ 
might have perhaps, been spared, but which ifiust liove 
crept in unadvisedly, in the heat land hurry of composi- 
tion for newspapers. 

... '. Edinburgh AdvtHiser.^ . > > 

. 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 againist 
Burke, however it may have been con'iSistent with strict 
justice, was attended with the necessary effect ofprevent- 
ing the disclosure of the circumstances connected with 



WKST P0RT.MURDSE8. 



4 »- 



th|& pther; tii«:o murdeF^^.namely, those of Mary PatersGOi. 

and'pf.^f. Daft Jamie," for which the I-ord Advocate so 
streoifously. contended, in the view of satisfying the pub- 
lic .nu^d; for^i after Burke had been convicted under the 
thir4jcnarge» it was out of the question to proceed to try 
him. a second and a third time on the two previous accu- 
sations. The limited nature of the disclosure thus pro^ 
dyyced has naturally led the public' in the present state 
of excited feelingi to call for the farther trial and piinish- 
m^pt of this atrocious. ;gang. 

r We have heard, however, that no farther trials will 
tak^ plac^ and we can figure the reasons why. It is ap« 
parept that there were just four persons engaged in these 
hprrid deed39 viz. Hare and his wife, Burke and M(Dou- 
gal ; 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. Aft^r 
befi)g defined weeks in jail, we understand, that not one 
of .tlji^eibur prisone^rs, when examined as accused per^' 
sons, would acknowledge any share of guilt. ^ In such 
circumstances, if these persons had beeii all indicted, it 
ii^ obvious that the evidence against tliem 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 
a^ the. four would have been acquitted. What effect 
S|ich a result would have had on the public mind it is 
i^edlesd to dnquire. 2'he only course left to secure a cortr 
victim wcis to admit a part of the gang as witnesses against 
the rest. To have taken the women as king's evidence 
against the iQen, if they had been willing to speak out^ 
which it is believed they were not^ could have availed 
npthing, as by |aw their testimony could not have' been * 



WEST PORT MURDShS. 14S 

iteeived against their husbands ;| ^eiside&', 'tfieii' kn6^- 
ledge could not be of that extended nature which it was 
desirable to possess. The only resource, therefore; mirst 
have consisted in taking Hare, who, however cHmitia], 
was not the leader of the gang. It may be well supposed 
.that Hare would not have been so well dealt with,^ utxleks 
he had agreed to disclose, not merely the circumstances 
connected with the murder of t)ocherty, but with eieiy 
other crime of that nature in ivhich he and Burke hxd'bem 
concerned, and that his wife, against whom he toiild n6t 
give evidence, should confirm his statements so far )ds 
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 disclo- 
sures that the murders of Mary Faterson and Daft Jamie 
were ascertained, and that collateral evidence was obtaiii- 
ed sufficient to warrant a charge against Burke as coii- 
Elected with these murders. In both' these eases; it is 
certain that the bodies were recognised in 'the dissecting- 
room^ and in both, part of the clothes of th^tiiifbrtunate 
persons murdered, were fouiid m "Burke'i j^osfee^fon. If 
no other case was charged, it 'may well be supposred to 
have arisen from the absence o^su6h collateral ^videnci, 
without which no conviction could have been iooked 'for. 
If we are right in this statement, arid tfid Have men' at sclMe 
pains in obtaining accurate information, it would' be irkjpoi' 
sible to brine: Hare or his wife to trial for crimes which 
they had disclosed under such circumstances, even if 
there could be evidence against them, ivhich is no wtiVs 
likely. , - . 



fj.. 



M^Dougal has been tried, an(! a jury has thought A 
to acquit her of the only charge of vi^hich evidence coaltl 
be obtained of her accession ; and Burke hat been con* 



« 144 \V EST PORT MURDEE3. 

* • "^ •»».»*'*• » 

victed, and he is to be executed. Deeply as yre regret 
that punishment should not reach a greater number of 

. those miscreants, we cannot shut our eyes to the ob- 
stacles which riiay thus present themselves to its accom- 
plishment, 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 ex- 
tent but of the nature of such practices; and, thus alive 

. as tbey myst be' to the dreadful consequences of sucn 
crimes, the public has ^ood reason to trust tq the effect 
of their vigilance and exertions in affording security to 
the lives of the unprotected. 

• • • • . 

JTie Cakdonian Mercury. 
In a contemporary journal of Friday last, we, observe 
.an article entitled "The West. Port Murders," which 
we think deserving of oiir 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, w:e 
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 Mo coeh, 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 

m 

the fullest satisfaction to the public. His iJordship, to 
his infinite honour, has uniformly paid attention to .the 
strongly expressed sentiments of the country. . 



t^ipn see pagos ]L41 sind i4!S, |Mrr^rapb ci^fnmeMiiig^ 

Now> yre contend jjiirt thU is ^HagethcHr em)&mqB m 
ppiot Qflaw^ and %h$^ the wriitert in otAw toarcwe at hut 
eQnciitt$tpn» has confotuoded two timxgs per&otly^d&stiQi^ 
¥iz. the legal ^^ct of a verdict ^f conyiictiioa Ae/m sobh 
l^^QQ, ami tk^ kf$o\ ,ei^% of aaah coikvietion .<s^ the 
Cpu)*I: has Wa jPAovdd U> protokince judgsneh't; and 
after « Aeniiemse b^s been i^sed sinking the oapat ol tho 
^isonar. Jtjg quitis clear in lajHr, >tbat even a€0ovic4 
tiao^ upon a eaf^foal chjarge, does -not and jcahiiot destroj 
|:b« a^to of (he prifioMf ; and for this reason, diat: tha 
v^rdiot jnfky ^be jspecial, or ixifif]f)licable, or it may find 
tometfaing. diifefent from the facts eharged,\or it majiiv- 
ti^Qlv0 a i^onclu^Pn (which is inept ip law^ go that, upon a 
motion ia^airnesit^pfjadgment, no aentefieecan piias upon 
ji. Inataiiiicas lof JtkU kind, oons^tanftly occur ; aod eireef 
MiB who is .acqi«ainl;ed with Ihe hodks of criminal lasK^ 
niis^ ibe familiar ^ith mw(ky of them. It foUo^^, tharb^ 
foca, jbbat »f an joibjeoCioli weire prdpdned upon anj of 
4hese grounds, and eiis^iaiii^d by t^e "QoUilty the prisoner 
vouid fall to be dismissed 9mpimt&r from the bur. Bnit 
viitU. tibe CmH b^ moyed fi>r giidgp^nt^ it icaiuiot b6 
lci9kO)8m ivhetheir M«ch «q objection i^ay i^ lie ; aaad^ con^ 
^a^aen^) it is i^anifest that a ^ne^e .^pXkviotiQn, ho3Rei9<»r 
rvftlid it xmy uUiimtely be fbund, dio^a not And cannot ^ 
leot^the afti^ or deat¥y>y ihe £;a^i«< of the prisoner, ^hiefet 
tav^}ofti>t reaiilti)f itihe Verdjct ami? the sentence. Hedcc^ 
Vie contend that the writer before us labours uildf^r a 
complete mistake in supposing that the decision of the 
Caw* " ib refiiferipting .the ErpseCfi|tg^. to thp {^pojF.pf ^c»i€ 

of [the ithrj»i€imrge§^«hib^M .#g^w^>RM!^»ifW)fl*ffwW 



146 WKSTiFOliT MUBDSJir. 

Ufith the neees$ary ejjb^ of preveniinff the dUbheure of the 
eireunutances connected tvith the other tufo murdered and 
that, ^^ after Burke had been convicted under the third 
charge^ it was ovt of the question to proceed to try him a se- 
cond and a third lime on the two previous accusationsy As 
matters turned out, it was indeed out of the question to 
tiy 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 condemn- 
ed to die, his caput was destroyed,— he was dead in law, 
and had no longer a persona standi injudido; conse* 
quently, 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 he4iad obtained, and delayed moving for sen- 
tence. 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 blun- 
der, and that Burke might have been tried on twenty se»- 
patate cbi^rges, if the indictment haid contained so many, 
-but for the error committed by his Lordship himself in 
woving the Court for judgment, and thus destroying the 
prisoner s civil personality, and, of course, bis per^^na 
stundiinjudido. 

• * ' * • , 

- - • ^ • 

'^^ After stetihg, ^ha:t is^ perfectly true, that ** the limited 
Wore of t%^ dilK^lo^mre thus produced has naturiiUy led 



tire public, in the present •state'^of excited feeling, to caU 
for the farther trial and punishment of this atrocious 
gang," the writer then proceeds to say :— See paragrapfh 
on page 142, commencing " We have heard, however," 
&c. to end of the article. 

Now, our ^readers will perceive that this just comes, in 
fiubstance, to the fact stated by implication in our Satur-f 
day's publication, that Hare and his wife were admitted 
to ^^ peach^' upon a promise of impunity and protection* 
£ut were the circumstances such as to warrant the Pub- 
lie Prosecutor in giving such a promise, or accepting 
dt^closuces 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 iip his hands 
alt<%ether from proceeding against them qn account of 
these horrid crimes? We maintain' there were no such 
circumstances, and our reasons for thinking so are alrea- 
dy partly before the public. The defender of the Lord 
Advocate says, indeed, that " there were just four per-r 
sons 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 consider- 
ing the difficulty experienced even in convicting Burke, 
when two .eye^-vnfyie^^s swore to the wcsy 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 
asNveU as we do, that instead offour^ there were at le^st 
seven persons concerned either as principals or accessa- 
ries in these murders ; secondly, that independently of 
the. testimony of Hane and his wife,. there was^more than 
'^ presumptivd. e;vid£iilCQ'' ina^mmch as he himself rested 



*i^^ e4se Agmk\kt Bvrke^ on the otiber evidence iUJIdao«l; 
^tluAt^ ef Hare ttnd las wife' altogether; lUtdlj; that 
ik^ Jary paid no regiird' whatever to die tesiatriony of 
%<d^& Wretches, yet c&dvicttd' Bnrke of the cho^gi libelkd ; 
and, lastly, that no other difficulty was elcperieneed in 
obtaining this conviction than arose from the Prosecutor 
Raving i6 contend with th^ great tal<ents of the Counsel 
arrayed fdr the di?fence, ot were ifiseparable^ fpoui a* pro** 
tracted investigation iHt6= a great body of cireumstantiiil 
evidence. How» then, cai^ it be mainftdiii^ that if Har^ 
iitid his wife had been included in tb^ i«dktiii'eiit ^^ib 
Bfarfee and M'Bougal, the whole four '#otikl hifve been 
{kqditted? It is sdid, indeed, ibat these unddreants,^ par* 
tictilarly the fortner, maide suc^ disdosuries iu relation to 
iti6 ntai^ders'of Mary Pat^rsKlft md Diift Jamie^ as rem 
Kiel's it norw ihipossiWe' to bring them to trial fer these 
kssassiriatibhs ; b^ e^etj admitting tbia^to the fullest ex* 
fen{, it is hot pretended that they tnade any distclomiies 
connected with the tijtirder ^ DocbeTrty; arid as their 
testimony pf oved of no av^il in facilitating oir insuring a 
conviction againdt Burke, the Dedessary iftference is, that 
{he Prosecutor mlism&n^^ed his ca^ in not inclucfing 
them in the sdme indl6^metrt with titfeit lissociate and 
accomplice for thai offerice at leaist. B«t if people will 
not i^eefc for evidcjricfe they cannot find it* Why was 
falconer not sought odt and bfodght forward? Had the 
j^fosecutor apprfih'ehded this fellow and Paterson^ ami 
afterwards admitted tli^ni i^ kiitg'& evidmoe, thetre would 
have been no waM o^ pl^oof to cdn^vict the whole operas 
tive part of the g&ng^ if no^m go ^ea Jbriher ihdk ihim 
The teachier^ of anatoiyify dtrght nko to have been exat 
mined. They bad i^ irir. th^t pdwer tot tell oiUchi that 
had come to th^ir khc^l^e^ flfidttO'pioim'oatobailiiell 
by whi<ilt mofefih^t b«t« beeh dteoonferaA Iolbv|iiA«* 



L 



r- 



tio& of tbe most valuable description might hsre been 
obtained fVonv 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 abonre quoted there are some errors 
in point of f^t, which are the more material and german 
to oui' Tiew of 4:he c4se, beeadde the mind of the Public 
Pj'^secutor may hai^ been fnldled by theniy and bis course 
of <;onduct inftuen^ed by the misconceptions under which 
Ke laboured^ First of all it i» stated that M^Dougat^ 
^ though not actually married to Bnrke, had lived with 
litim ad' his wife, aftd had borne his name foor ten years^ 
ahd was thus leglaHy bis wife.'' In his ^ confessions,'' 
Burke states himsdf to have been living in notour 
adultery, whieh of course could only be tbe case upon 
the supposition that a former wife of his own wal 
alive; whieh we understand to be tho fact. M^Dou* 
gaFs connection with Burke, th^refore^ was not of 
such a nature as legally to disqualify her for giving 
evidence agaiiist him* Next, the writer is misinf<^ai^ 
ed when he says that Hare ** wds not the leader of 
the gang.*^ FiArther investigation^ we are convinced) 
will prove the contrary. Hart) wac^ engaged in this hor^- 
rid traffic h^bre be formed an alliance with Burke; and 
nitfaougb the superior appearanoe^ address, and physical 
strength of the latter, led Inm to act as tbe decoy^ and 
to take a conspicuous share in the perpetration of th^ 
murdets^ Hare, we are satisfied, was his master and his 
tempter, as he is known to have been his constant asso* 
ciate in all the murders he committed, except, perhaps^ 
on^ which Burke alleges Hare did by himself when hi 
was in the eotfntry. It is really melancholy to << bfear/^ 



160 WCST FOKT MUKJ)£R». 

therefore, ^' that no farther trials MriU taloe' pUce^'* and 
that, as far as: the Prosecutor is cobcerQ^dxHfltd and his 
wife are now free from all eballenge. 

Happily, however, there is one method by wWch 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 .obCaiiung the concourse 
of the Public Prosecutor, which his Lordship^ canuiot 
"withhold. This, we understaiid^ is a settled point, and 
we know of a case in which a private party similarly cir- 
cumstanced came forward. It was in copsequeAce 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, ttve militiiry to 
fire upon, the mob, in consequence of which several per- 
sons were killed. Politics then ran high^iaiui his Majes- 
ty^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^Dpn^ch was put 
^pbn his trial. The Hon. Henry Erskine <;onducted the 
case for the prosecution ; but in spite of all his e^orts 
the Jury, acquitted the prisoner* We do not remember 
bow the instance was laid, and we have not time at pre- 
sent 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 Majes^ 
ty'a Advocate, after that f^unctionary bad refused .to 
pf Qsecute in his own name. Now, th^ inference we draw 
£rom this is, that the mother of Daft Jamie ought to C9me 
forward upon this occasion ; and in prder to enable her 
to do so, a subscriptipn should be immediately opened 
for raising the necessary funds to defray the expense of 
ll^e trial. Were this doi^^, hnndredsj^ nay tbousapd^ 



WEST 1»0&T MU&SEKft. 151 

Would Bubscrtbe to enablie her to prosecute ; and we are 
satisfied that the Lord Advocate would not. only not .re- 
fuse 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 proverib, ^^ but 
a hair to make a tether.'^ It has* proved so, in the pre- 
sent instance. A better arranged case of proof, circum- 
stantial and direct, has seldom, p6rha«>s, been laid b^br^ 
a jury, than that which was submittedto'the jury on the 
trial of Burke and MfDougal • A train of lAore clearly 
delivered and unshakenly adhered to testimony, on the 
part of the unexceptionable witnesses, has seldom been 
listened tov Yet, even when aided by the direct testi-* 
mony of Hare and his wife, for whose evidence we are 
told there was no necessity, a jury, inchnling individuals 
of the most respectable dbaracter, unanimously > found 
the charge vot proven against M^Tkmgal^ while, at least, 
two of them, it is asserted, contended for a similar ver- 
dict «Mfi againMt Burhe himiielf. Had Hare and his wife^ 



152 WKMT rOKT MUADSRi. 

thersfore, not been witnessesy there is th^ b^t feas^i fiw 
lupposin^ that the coBvtctipn of none, of tbe fo^t would 
have beea obtained., It is surprising thai, iji a^pch ^ 
state of facts, the Lord Advocate should be aec^^ed of 
having acted, improperly in admittiog those auacr^«ni« 
to the privileges of king's evidence. 

« 

In oar las€ paper we endeavoured to show that his 
JL-flrdship coald not h^ve actjed other^wise tba^ h« k^ 
dpiie* , A contemporary pf yesterday has ^ eviey^ed th^ 
remarks Mre then made- . After, a^ec ting tp consid^ tb/;m 
e$( coming from a ^f bigb^ quarter" than purselveftr. W 
prder, of course —to seicure the grf^i^r.a^t^tj^pn to.his 
pjvn objseri^aUpns^r-h^ s^iU contends that the I^ord Ad* 
V-ocate acted. improperly in giving ioim^pity to f^ar^ ,aj;i4 
his wife, axid that if he had not done so, he might hav^ 
4ippojnpUshed the co^yiption of mpre pf the g9#g than 
Burke? On a primes fyoie conaideratioiii of the s^bjecti 
this muait appear yery unlikely,, ^is lordship was, pf 
fPtfr^e, in posses^ioa of «iU thi^ ^viden^c^ in 4^ ^lAtbef^ 
shape, the broken parts x>f wi^ich have been waft^4, in ag 
^9^erated form, tp the knowledge pf the. pi]bUc« f^i^ 
Wf^ pejrhaps, aware too, that the muvders^l^d ^11 l^^^ 
sq jcpmmitted a^.tof^recjlade the ph^nf^/of dir^t ^videi^ 
pf jthejn, exjcept ^t^er.frpm B^rke or Ijare-r-whp yffev^ 
9QCUSU>|[)aedA apicordi^g tp the recent confe^s^pi^ of ^j^rl^i 
t0 k^ep e^y.eq Xheir wiyes put of thp way, on £uc^ .ofcpor 
sipns.. Onr copt^oiporary has pot stated, and y^ tixpret 
texfit imagJ^et ipanppt.^ita^, th^ any jbhir4 P^rtyi npt.iO^ 
th^ g9X)g9 ^ver witnessed a single one ;0^ the murdef %. pj 
*Vlfi ever so eonwect^d with their p^rpetrfition, as tp \^ 
fibleto giife.any thiog ap.prp4chuig t;o the requi^it^ ^i^ 
r^Pt evidewc op th^ ^^hject; ^ I}|s shoidfi )>e pr€|pi^e4 19 
4q 9fO^ howftfr^r, befi»/# cej^uri^g thf Lord Advo^e fpf 



ftL^aaii'br^ptbtednTe^^ldti mhfiiaveisvtn,' add wHkh,! 

' 'Oay^ctfht^em^or^^^ of-ifaiauinEijiB. 

liie &f6p|)6!9^^ to li&Ve beien> giveif tO' Hitre' aiidMiis wifeLi 
Oil this |)6fMli'^e' should tbi^Jt^ He tteid ftiei : nq. uneasi^) 
Mss; ' lf^<kHig'8'evk)^rtt^<i Wtf'iiee^flrywi^ifiwitiwittitttdi 
e9id^h(^lt be^ain i^rbfifi wbfeit Jia»<]9coiirM(ion tUertrial 
oiP^kHie;'illa«<tlle»e Wa;^ fn<»r^ tha»4)ch8Dci8^ a pn>habi«^ 
lity irm; tbat tllM con^itifi^ri<>C.4Wone>bf ithe gangicbuld 
IkiiVe ^i^ obtbid^^^w^ inf«i)^^«at'a6Su«cid that Abe Load: 
Atfrocate ' xilR^ed no- fiiither ^einiofai cm. i the treadntefy^ 
which'be ftlt Ui b^ requisite^ fbr die sacvifibe of aoqns 
iSrem^ than was "abdolutefty iMBd^sary* to insure iti\ 



•.u 



r « 



' Biitthen oiir'comethp6rar}ntbink% that, at all avmtSy 
a AiSt€tetit s^l«idtibn dught «(y hai^e b^n madey and that; 
b^^'the tek(9Ai€myWM«t)dilga^had shebeen adiaiuddis 
king^s evidence. Hare might have been convicted- as !trell 
as Burice. In our last paper, we stated that M^Dougal, 
alt))6ti^h''not aetdally marriiefd' to Burke^ had, for ten 
years, '\iv4A with him as bis wife,' and, in law^ th^efav^ 
WdB'so, and cbuldnot be Examined against' htm; anctas^ha 
khet w^oMkn cot^Id ki;^t, for tlif«ri^ibe rea^n, have been 
examined agaihst;Hare — and neither of tbem could furtiiah 
agatiolst the hndbkhd of the other, that clear and decisive 
eViflence required from m^ eriminiiii to givie it.&uffi^ieiil 
Iri^^ht; the resaft of taking ^em m htdg^'s evidence 
iijight, ahd probably would haw ji^n^ (he escape pf; tbjs 
Whole four. Btii^ke, however, if seems, hai been cooffafH 
inr iit^ce his condemniltion; and, as> one* of hit copfiMif 
sibns'is said to leM'to an infei^^ftde' that his cdhabiUUifHl 
With' M<Dbugal could ildt mak^ hat Mamfe^.a^'^^ 
ht br she were pre^ckiaty mavriMir atid^'the wib or. jlM)#r 



/ 



< 

rary, on the tacit assui^tft^ftlbaMtvis ^Y W J^et ^jf«fp^7; 
oQsIy hinted at fact was or ought to have been known, 
andrnpoble) of.pfx>9f i0ff>ii9;th^,^iM--r(9R4m9W<^ 

. otimvmg. mUd M^Bottfe^l' -gvte !dvideno^.;ag^w^^t J^lfip 
His atteoi^b/td i dor. -99 4». Ibnodeil ^n tbe r^kj jfi i^hf^ if 
^ntfralfyfoalled^'fceasoaiilgtia: » eirftie, :^nd:*pfW :^Jf9t) 
qidrefcnqikrlbeRrtootice*.' HiA 'WM^.acgfiy^t,. Jn^fip4«^ 
<bl: Cbi$/pai*t fbf illie 9iibjt9ct.;p^ 4ii^tf^}9^9g ^ 

imo^bat, thkt kbef 470see«tt9jr» in iQQkiqgi0i4A ^rjfiif^^ 
midtoce^> bainho ssleclaoQ. iof.ilr'ti^i^ly M-^ own Jti^W^ 
'Ehk^'we. radftir thiftk:^ -iU but seldf>ia. $bec ^^;(;§iff]^ 
where th^i gangihave* rbeen. Qpii^ieot^d ^.^fisl^fi||ds.ac^ 
wives, the selection must often be prescribed to biro, or 
iiiAdavftni|KratiTer tby/ ciHsufBfli^iQi)^ ©K^r., ^}Q!t\i lip ,^an 
btofb horicachnoi. lA.^iir,Jcwt€)^iip^fMrjri^it4^,^i^,;^^ 
tliel<lA)rdiAdvDc&t9'bid (ic(t .hiai|^d«'ti^.|iii.^s,,waj(ii 
}iii'tfae'pbedent'eais«.?s ' . : ,^.., .;/ , . ./•,.:.*; 

x< As £b ttiaJengtfa^ed ;af*gttmef|t jtp d»5)fr )tb(itf|hf^,^t)s 
liord -AdtocB^ iftot Jttpy e'4 ibr; J i^dgnac^ t ' ^sajfks^: i^.^f JJ!^ 
«i1mi: frasid' guilty. of tb^l^lrof^be ijbjre^ >nMS4fr#iC|9Vge4 
iigaihsft' Mby'fit .fwiuld'.hayj** been. iW^apif^^rJjiftJh^v^^Jia^ 
lifvidsn'i:b<of the )cir6iiiii9MnP^Sratt£ndi|pg;$I)f^ 9)^f^:i^Vf?!!!^ 
W€» Wt^id sfanfily ja9k^' ^^W l^o-^r^^^^^S^i^^h^flf^^ 
hwe iiemihed from tile kl4i0g c^f^^iC ?: J^nf^.i^i)^ 'Al{m#| 
telttj^ipa-otsejBijjd as kif^fg's^mdpnc^ 4gaiijst^ffhe ji^^if!/^ 
qdiiieei pf rteir pai!ti^Hit)»iH# in , ilibi^i%i an^ )IM^'l)ff S^jif l^ifll 

bfe^ttpnotiedj against Bi»i*Q#j : A*^ iWM^ ci*4i PMs^ffc 
fii4itt tidl.fchi5hkTe,:se«iiw4i\4p <W fi¥"!W;^^»jq5:>«'^>>W|B? 

iM^sl^ «b*9 9d}sbrlsr,lM:ib#:4^i^iP)nr9^(jn)^^ 

the exciting of feeling unn^essarily and without objoct ? 



J 



-«¥QfitAniQliihiitf:ldM» ^r<l Advbcttt«^8Migr:kiiW ^fek iYi4^6- 
:ioKe$^H^'uit>«>^}r« tbi 4bi3 - ftifmnioutJ^'H^re,^ the ^m^thjpr '!^f 

c&ywitiibWetch^'Uiideri^diifil^ df jsnaid^rf^ i^entkli^d' fib 
prosecute him, with the concurrence <<)f th^^JL^rd A3^<I« 
cate, which concurrence, in all these circumstances, his 
Lordship, he says,- wtii^^tie^uM ti give. This seems 
-veby ' tticiKiel , >doclfCliei ' i ' AVle iuia ottlyi sayv ^^^ ^^i&'^h^uld 
^be<ex(»eiii^ljr/gllid[ tb!«fair^^ix|' icoht^mporitisyiicormeO'm 
lnjfiAigUt'd^^fl ;v^doo(!iha% svi^ arie ^tcoitain^ woiild-lbfe 
intor^ liapp^t^ thMikrf£s r^MttimgiiwitbootiflWytkail-dMe 

'tUHere is^still ^a^ic^^r poiB^ of diitdp >sg«inst Usi iioifd- 
^p(, liniiti£iiUat)oii etjhat hevisvuxvvUlingitp'preserdie 
Hraltii tKK'tfaeclttitiwtedgeioFiobhef vnuiiders iWhicb'iaBe^aiii 
'1^ iil4V^oo]^ned^itp Ikiin^ andmlMx^BrejimpMtjsAitpdAi' 
-f)tieate iAhear)hk4irdeEer^'lhaii\tbb6e 4uli;eaiily[luibwD Ijpitiife 
'fi!ub)it;' ^S»ck'aai7ififiiRuatiei\'»ii]gUtr aarfUiy bH inaAefuufi 

ingftiibsit his j^irds^ip, itQifidd^ a ecapl^;of f baors. oiL ihe>fl&- 
^^9fVi^:8idebiof tj^ 'ino6t:icreiAaloBS faeadr iub tb^atoDng^ 
^Id^iQif etedlditjs itself ikp tiak^bifrMovi' i^be Lovdljilid- 
M^^llte^ t9(^af8uppasier tfainMi QOolly'>bQfordr:h^ actsFtvcfiiuds 
'i^dt <ftoitievpersott to^be^i-JbtiedHMind'O^'. ^oupdsiiRfepodi^ 
<^rbbdbT^>coirridtioii^. befbcei H'q inrstitptesithe tdal^an^, 
'0i^j)Mi^<^«bn:l^imipovary<adiints th«^ stiUj pBoeeeding 

iiWtil8^4iifv^i9tig«lins, tbd ohditge oC'liitwUlitignciaS'tOipiijia* 
«$teimt€^ii(etnisj even oh biao«iS:^h0Wi];^ toJie/yergrpareh 
^uditura^ aslwftU«as|iiid0e'dib)a«-> "'i'i-' -'j - -i-^-i .vd ob u/^ 

l^i!tMN4t6csatkflBdf«^il,iiiliilli^fgro9ik of'BMrfcejwiil 



< 136 mWT MAT .MURP^M. 

.mur^^r with liJuoh, ibey bave>beien connM^f liia Lord 
Ady0o^ H9». d^Hftey anil is doiilg iA diAty^.'aUj^ impair- 

;tial]y».and £^rle9sly^ aod ihat be i^ entitled to the highest 
•j)rai/5e intitQiid of ilie slightest censar^. Filing tbift to 

fbeitbe^e^se^ we'eami^ widibold .our bttmbfe effort to 
make it i^p^r ;SK3^ . . : 



«*■ . 



' i. 



> ^ £d(flhfi9% Obkrver. \ . ' 

;j>.3;bepeople are not.. satisfied with the. ilnpleEfect dt»- 

• closures that have taken place^ and the ^vial atonement 

•tfcatia to be made to. outraged hitDidnity^ by the dealSi of 

tooly.ohe jof the. atlrocioua gang.. There.is a; cry for blood 

—more blood — throughout the land ; and. eomillgy as It 

does, from the bulk of the nation, it will require no little 

disciinuAatidB and firmness, on the paft of the Public 

'Pn>secutor,ttt^.8ee ius way clearly^ and. to keep it when 

ifae has fduhd ;it> . A. more . .difllouk 'situBttoh tbaar his,: at 

the .present time, we .cannot well- imaging . £yen ik6 ao- 

•tiTitjr of tfaelpxttss,. in creitiea-atihg the ^aUs.forlvirther in- 

iqiairy and Ibi* mdre Yi^tuus^ at the mery motaient wh^n. he 

is kaowri to, be ihdefatigably employednii^ prosecattog tfi^ 

-oneand seoorchingifoc the* others :hf» gready eiiiitribated 

fo nendeir Ms duties hiore harassis^ and.'lingraeidQS* 

Undierc .a Mncere, . ahd^ .despite what dtbers say^' 'we 

conceive. a gust impces|iion^ that.lalL the monsters mi^lt 

;i^scape ith^ galiowa, alone-of theoihaaaciitu^cdooe, by 

(aiverdieLof .^i net proven^"! he permitted! two .ofliiebl to 

j)ubehase their worthiefis .lives.. by beari^rtsistiiioi^y 

-agqinst^eijr associates^ < Thdt tUe Hares- bbtahied.jtbjji 

intfiuiiity..a6Jaiei;ig! the lesser, erifaiindb in hkieatiinaiioii^ 

we do not believe. The fact 'of:tlie!particwla£ |»imii^ 

which led to the whole (fiscoveries^ having been perpe- 

itnated uHBAt^ Biirka!s ra^^iiiatsii^^paiiitedt^ttt ji^j^ 

^hisr:§ml^|iirCtievia»t||csiB«Be 4iititicdftil»dbj0e|>(Qf jcgflt 



^y^gf^AC^vuIt 13. eyid^ljt that throughout, the whole 

:<}?Hsine^, jJhe, XQr4 .Ad,Y.QC*te has been aqtuated by U^e 

'i.9^8Vhoi)opirable amcif^ty tQ investigate the affair to the 

^;u^terinost; .apd had he tio^ At the very puliset of the trial> 

..be^n^urged ipjto.a co^ce^sion to the legal scruples pf the 

.counsel opposed to him, wbo$e eloquencf' n)ost assuredly 

f}?^t '.one wretch froin the clutch of the hangman^ not 

. merely one, but ikx^e> a^ts pf the .horrid drama . wou^l 

»Jt»\e^ .b^f n pabji^]^ reV^l^leci It is stated, that sinc^ the 

J ^Wh ^i^ il^r.d^b^p. a<id his assistants have been unremit- 

M^og.int t^ek ipquiries^ He has attended almost every 

'^ jpr^p<^j^tiQny and surveyed in^^rson t^e foul abodes 

^wjiiph th(3,paiurderer8 inhiibit:fetd9Lapd /even. the dwellings 

^Pf th^^if: ^ictjms*. But he refuses tp violate the public 

.$}i|i^:Qf w|)ic;b, in ^is. instance be. is the custodier, by 

. yi^ldjlng up the lopls he hi^s been forced to employ, to 

< tl^fU; piM)ishineiit.whio|i..they ^ave sp ^^ai^dantly merited, 

^iy^ffi^QQi ffhkh .tb^ nation stands pledged they are re- 

.defined* .God forbid that. we. .should advocate t^^ ii;i- 

t^^Dwity^.of tbese inoiosteiss on any ground) ^ve the sanc- 

lAity. oC sttcb a. pledge* We ^question greatly, whether 

( Jiaffe and fais. partner, .casjt upon tine ^pr|d lyithignoimngr 

.tawl^frime.hfandedon.tbeir foi:ehe$d$, are not more coq- 

iidigoiy piiiUsbed,:tkin.theL:wrelcbed m^ w^ose days ace 

f^uin^red, and.schjoae <^Qom> .it U certainly npt uncharj- 

V t9(ile.Xo predifi|;i will yctt overtake, them*; . In .tjbe case pf 

2:W>'taK?a'lsinuider;JBcobe]:t; oue of the accessaries, w^ 

ijuki^bted. IQ m iike immunity «. Wben hiisfpiil bx:eat^ bad 

iMOBbsij^^d'i^nfi of hia assodatts to the.galIoin^% Ke^ Was 

o«JjQWcid-to.go.faith;inilo.ldie worlds a free man.; hut, lilqe 

-£!aJ,Di.be.£:>ti9diu!»self an. omtfiastt and, iix the ^course pf 

^:fep?.inoptbai.was ^puniaiteigiied.as ft felon,, cpnvicte^, 

> <^ilid;e]tecptBd»:.. . 'to c.-a' i; < ^. . . .' ,; 



ASS ^t^^ t&vituvMEt[$. 

'Though we'i^isseifit ftom tA% «iHamftry^ molle^Mef .^&» 

*'^t : Would b^ & piemo^ kitM>T«itioR ^6» tM^ |)i^dgfitr#e of 
'ifi^ Piibiie Prosecutor to ^y, thia^ kl tte -kliisnl^e, Ma 
pledge of imtiiunby shdil b^ dMt<ega#(k<i^' Mttt^ Hoale 
new' 'charge caiy be $«i4!>dtantiated, W^ viewt^t^ ^etei^lit- 
^^tfoir so uilaffedtedlj ei^i-essed by thepirblic to#ai^s tlie 
^^hole 'gafig^ aicons^AfLiovyt^'hutMLiAtf. ''Bfad/crhrf- 
'ttalsy'i^kfa hands so deeply ^edmbtood, fb«iild ev^ otie 
'^cxmrmisferator or adirocarii beyondt'^tfaeilwiedls of f^e Goutt 
'bf JFustice^^hkd any inan- ^^ntured to ufiifii^ Ifbat tKe 
^crimes -which they haMe 'perpetrated are' si6t -web^y of 
^deatfh-wiayi had Boit the< whole mtkn-Uft^ Up Ut^ 'Voice, 
4md declared, that 'even death itself Mras'4>6C a liriberable 
*atotiemet)t for ermi^^so mohtiitroUsv *«Pefi^liduld*b»t«'i*e- 
'^ar(!ed!t ^d a tiational dkgrliee. Ji ifi to be %epf»d»'bow- 
<ev^r, that'^his >)atKkbte-&pir.k iwAi^ ti^t degenerate 4&to 
'ttlnhiktunry viobno^ 1^ a«ftliiofmiNi, we WesaiOfei^y 
'Wili"nbt r^ax A&t eiB^orta to:d«Vetope4h#^whol6'-of theite 
'sfftRg£r!i)fairy tttro^itio^; \|Uidy if^fa^ 49MiietpeiideiitiO^*#hi^ 
'% at' ptesent <;l(rr)^lti^ oQibettv eei> ti^e Xpid A4ifu>eme^^ 
"ifbe tettijhers' of < ^a<»my t^Mid^ • lift a^nntmtsp miilx 
"bthfer kivest%atk)pi^«i'pitiogr^»s» l€iad>td <bfe imwlppfciwi, 
4h^^ the remotest -Mray^Jof^ ^ftny IndiTiiiiMll^ /vi^ tfre[^fci^«l' 
'that ^n^hinjg.wUl^iel^ ibQ^ovlpril MmrLith^'^jfeogmutSe 
^6f ^e laiw^, 'be hi^ rmk^^r^pretiM^ netpetcfiabfiiiy-Jto^uit^k 
^'dy% A^yet'^nly one iti(Kvi44ial'x>{ltbfttbodyJift»bi^n 
^Iff 'afnj Wy 'itnpiieaded in the^ IvMriiWleltriiasfldtioilii^ttQd 
'wt know that '^ "feelirig k' ppevaleiMi thatib^h^^i^OMiD 
^ated^ witfr ^reator^ • deltcacy thm ^fae desei^es:; i ]b«l ibe 
^^^lilpttbiKty of ^tae man mxiM not bo -sebeiiirod^as 4cb|id#al- 
- «k<it^- eVid^ioe ^gaibsc 91 «riiole^icjibei: . 4aa^ etraeMiU^ 
^ire is entertained by the teachers of aiuUiatipthatiitbe 
fullest investigation should take place; and if crimia«t' 



[iilrillio^jrm»pi?<»f;sttl$dQl».cfin be Mi^d.tQl«i)i 
t»9p4aMon'^bey lase icmilled tt> icbmaind ;, jorf tlM» rcjpte^ 



1 1 .< " ', 






••/* ♦•■^'1 • . '.j,''»y < ^W^^"^^ 






M V" 



, i • - • « . . ' ' ^ ' I-' . I , . > ' . > . 1 • . .,1 

• , '> • • 1 . ... • 

- «»j I * , . f4\.»v,.>,» ,\ . , . fi.: 

^ ' 'J'h^j jt^HiiaFk^i wb Wh . appaare4 m <>H^ Monday's , pubU7 
c^J^()W tbf^jdftfenoc^ 9f ^Im^ t«i5d,AcJyoca^€hin»erttf4 » 
jp ; <9Q94en(^p0ri||r]^ jJ^rnal of jFi^idiiy W^. ba^'Q; been, ret 
y^V^^ ^Qt ^i^f wejr^i if (bejpqluinnft.Qr the sam^ pap^ 
fiC Xu^«f]ayi$ ; a^ ]ir^j^ftnqt pf.tbia very £veat9s| importr 
i^f»|y.i|t;the>pre5qi^,)!a<imeBV\tb^ l;be pul^^c; should; be 
^piif;a^q)]{ \xk{Q^vok^ resp^UDg some of the .points^^t i;»^ 
aj^.^,i»ce.%b«i4cl.fe^e been.iye)Lcou^«pjt tp. lfay^^tbe,^ubr 
)^\\S^ thei^eci^aon qf ali conxp^teat^l P^r^ons,. upon, a^r 
|ijrjft,,|»f^iPQm^whi^t,bui?ried »«^^^ We mi^t that 

;^lk«balL.be <e;Kcused far *pi|Ojce^^ a^ onp^. to .d^al^ yritjf 
jth€[ pq^jf ipf^tpys qf Jawand jiact;^')ji[h|ch tbe\w.ri^ ba^ 
^^^mghipi^oR^rta Jiidyert- 



■ I . .• • '.,... .^ , ^ « .. , 

»1« '..^J .J>»i.». • .1 



. Ap^^ii^.^bd ftci^t p)af0,-^^or the sajce pf p^r^icuity, 
iiiwejfl||)TTrfb^'^i?^ri^^ f^^m^'t\Lf vrii^ity.of 



860 nviKtT'^oftf ftcmaDCftr 

t|i0:IJc»rd AAiAyeake'mot^ififrjM 
wHen foQiid {guilty foftfaedMofj Idle thi^teim^^ 
ed 4igsinst • bim, : it mouti <have bem : aompdlent ib^ b^M 
Ipd ' emiende of ihe i ^sipcudist^nee^ - attending '^Ato oAei^ 
iwo;^ > Butiie Bsks^cii^bbnof . ff What good ^ffieet ciopU 
have resulted from the leading of it ?'' We ansiier, ficst^ 
that it would have redeemed the Lord Advocate's pledge ; 
and) secondly, that it would hsve satisfied the country. 
Both in replying to the arguments of the prisoner's 
Counsel on the relevancy, and iii- addressing the Juiy for 
the Crown, his Lordship distinctly pledged himself to 
probe and sift the wh&le'o( these murders to^the b6ttoaa« 
In the former case, while contemplating being under the 
necessity of deserting the diet against M^Dougal, owing 
to the view taken of the indtetineht by the OotBrrt-^as Con- 
taining a cumulatio actionum^ and the exercise of their 
discretionary power in ieparatii9fg>*the cb)ar)^, hesaid, 
** The question is now»i*cdueed to 6he of tirtic Md^troo^ 
ble ; fbr if I do not proceed against hfdrioM-dliy,- she 'i^ill 
be proceeded against ten days hence. 'Iii such circnm^ 
stances I shall not certainly insist i^ow on^-thif wom^n^i 
being tried on this indictment. I shall prdceed agliinalt 
her alone, since she now says that being triecl on tUs'im 
dictment will prejudice ber case.'^ And a^^in, idmost 
immediately after, he added, ^ No motive shi&U iiidiit^ 
tne,' for one moment, to Itsften to any attempt tolstiiother 
this c^se ; ' to tie me down t6 try one single- tfuxrge iksteiei 
qfattthe three. 1 am told that the tnind of ^e ptiblie-ii 
excited ; if so, are they not endtkd ttykriowfirom tKeJtHtit& 
the last of this case ; and is it not my duty to go through At 
vihole of these tfUxrgesf I "would b^ condemri^^^W the 
country if I did not, and Irhat'to meh'vf^r^fi^I'gh&mde^ 
strve it.** The Court, in givitig juds;meilt on the Wsfo- 
vancy, fully recogmsedthepropriety of thiaiddsttfiitkiot 



wkst FORT 'Sf Sitixfiiis. '40i 



* 



nnd ^rtkirfftte ]f>}^ge ; {6f Lord PitmUly i<d^rrx)d{clly 

Jbfciai iKrit if ^as competent t(> try Bdrke'on'ffll' the tli^ 

^charges, «arra that the-^ubllfc l?rdseciAdr' shdUld f>r6c^& 

Hrith the fiVst' arid then With the others,' 'Lord -Meiiao^ 

'bknfc, ertfirrfy corr6«rrin^ iti thi* view, efxjjrerfaed* his tV^ 

iM6n,< that whHe tRieli' !LoiTlshl{)S'flfu5tafined the irfdictrtieht^ 

tWy-shoiild'^ direct' the Lor<J Advbbfelte t6 prdieed i(fe^. 

j!>aratoelym** the trial' of tfhe different charges.'^ LcJrA 

Madkeiizre and ttiife* Lord Justice Clerft acqiiiesfcedlri iiilk 

suggestions and, in fact, it ultiniatfely became the judg- 

iberit :6£ the Cbdrt. Fortified by ^such' authority; thA 

XiortfAdVdttite accordingly reiteVated' his pledge ih Kii 

addi^s^ to the Jiify; and in tertos ^qualfy emphatic ia6ii 

itttfe^titvocaK NoWi we wobid sinip^y asJc' the writftf bfe^ 

fore lis,' Was thi^ sabred and solemit pledge red^cttt'^d ? 

^fr?«-e^*'j^ll the thrfee'^ charges tried? W^te 'they gbn'4 

«fcfrou^li from^ fh-st to lastf ? Did th6 Piosefciitor db \ Hli 

tftrt^ faccordingto his own vfe^ of it, by going " thrbttgH 

the wholfe of these charges 5^ He' canhdt ansii^eT iH ^H 

affirmJitivei By ifloving Tor^afid^ obtaiiiing jiidgrneht 

against "Burke on the conviction iihder the first thiirgei' 

Ber VendeVed ?t imjiossrble' for himself to redeerh htrf 

phfd^; and tWo of the charges were,* Iti consequence,^ 

(fi^missed without 'inVesttghtion. 'l4ow, wais this h6t Itii 

eflfdrih-Judgmeni, which IS all we ever alleged? Nayi 

ifas 'it'*not atf fefror calculated to place the Prbsecatoi lii 

a vfery embarrassing fidsitioh in reference' bbth to his owii 

jilWd^ and- to tKe public? It is true the apologfst sayi^ 

tfc'aft'tryln^ iBdrke upon the first and secbniti charges,' a^ 

ttr "lie had f)een'tibnticted on the third,' would h^VcBeeil 

•*Bke tJotiringwaftft' oh ia di-dwnecf faioiisii." Bdt'i^6ciih^ 

Hdk sh^ we adniire "either t!he elegante or the felfeity tn 

this illustration. The tjuestion is liot ohd that cbncef h-^ 

ed Burke, whose fate was in fact deter niined by the conM 

7. • T 



16S WEST POST MURDERS. 

vjctioQ under tlie third * charge. It concerned the Lord 
Advocate and the country alofiie; the former as having 
become bound to try ** all tbd 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 coun- 
try if he did not afford. . But the writer adds, that 
taking any further proceedings was calculated *^ to esr 
cite the feelings of the public, unnecessarily and with- 
out object.**' We are really surprised that any person 
could have been found short-sighted and ignora-nt enough 
to hazard such an assertion. Wbatl was the e;xposure'of 
one murder, and the quashing of all investigation into the 
circumstances of other two, calculated to allaythe excite- 
ment 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 gliinpse 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 v^ry 
outposts and limits of human wickedness; and then the 
curtain was suffered to, drop on others whidi it was 
equally necessary that the public should know, and which 
they were i^qually "entitled" to have fully and thorough- 
ly brought tQ 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 
cpuld have been adopted to prevent an unnecessary exr 
ei|,ation of public feeling ! Has it been attended^ we 
would a^k, with any such results ? 

'% » ■.-•<' • I . ' t • -J 



WEST PORT MURDSR8. 16S 

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 givey our learned op-' 
ponent 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 triiissimi 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 m- 
ierestf not remote or feeble, but immediate and powerful 
in the cause ; the wrongs alleged must be wrongs done 
to the peraoriy and " of a high and aggravated kind, such 
as may naturally excite strong feelings of anguish aiid 
resentment in the minds of the kindred of the sufierer ;" 
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. Kow 
has not the mother of Daft Jamie an interest in the pro-' 
secution we point at ? Was there not a wrong done to 
the person of her innocent child who was foully murder- 
ed ? May she not with perfect safety take the oath de 
ecdumniOj 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 anv 
swer to the last of these queries ; and as to the othersi, 
we profess ourselves unable to dii^coyer that we have prp- 
poned any " novel doctrine," 



' Agwnf'W0 sa^ the har^^J^dyocBi^ might be -coni^led 

tQirgrant hi^ coacu];r^nc& in such .dr^umstancesr; and .we 

think Mr. Burnett and Mr. Bafron Hui;n@ will amp}y beac 

out.ojLir assertion. The former, afte|!: stating at length 

th^ coiidHiQns aj^ove brieflyJr^dicale^ $fiys»'it is perfectly 

understood f^ tlpat his Majesty's A4y oca^t camotr€fns9 

bis confoufse, rand mqj/ (^jCompeUedto ^e ii^ in all-cases. 

lyhere.t^. complaint of a private |)an^y is founded on & 

known, .and relevant ]pop^ qfditiag^ (murder for exanipl^)t 

and iis tto vh^ch he has prima facie a^tVfeto insist.; • 

ppj 30i6^7.T-*^nd Mrr Papon Hume is, if possible, &till 

more e^^pliqit on thf pqint* After stating th^^ the Xprd. 

^dvocate may refuse hi^ concourse, if it be asked to a 

charge pf wi(hci|af^ w^ich a sjtatute has expunged from 

the list of cfimes, op of' treason for which no private par-* 

tj^.qan pro^secute, or of murder at the instance of some 

stranger, who does not even allege t^at he is anywise re- 

ifttedao the deceasec), .he goes on tp say, ^^ On thje other: 

vide, -certainly* the Lord Advocate is not the absolute 

f^ndax:coi^ntable judge on such occasions ; but is subjepf 

to the control and direction of the Court, who will olh 

lige him to produce ctthd justify the grounds of (lis refusal to 

QOncur^ Nay more; except in such extraordinary situa^ 

(ions afi^ those above supposed, he shall not even be allowed 

to engage in any inquiry concerning the merits of ths cassa 

the propriety of- the prosecution^ the form of the ^iction^ the 

(^Mffifiencyofthe title^ or thelike^ but shall ^e oanAiNEn 

TU COMPLY STRAiGHi way; leaving the discussion of thesB 

mattery for the proper place and season^ after the libel shall 

l>e in Cofurt.'^ Vol, 11. pp. 123-24. Lord Alemore's opin 

nion, given on the complaint of Sir Jorhn Gordon against 

his Majesty's Advocate, J^ne 21, 170$) is equally pre^* 

cise : *^ Had the Advocate refused hi^ coin^ouvse, hemigf^ 

have ffeen compelled to give it, for every one is entitled to 



jQ$ticei; bill W <Minaot be- forced lo pfoseclite.^ Mao-' 
laurin, ' p. . 298. lai tbei^e any '^ novd. doctrine'^ in^ ftUi 
this ? . . :...<•,.'..".. 

. But out* opponent endeavours to complicate the mat^- 
t^ by most disingenuously attributing to us a statement 
which we never made, or. even so much as- dreanM of,^ 
namely, that the mother of Daft Jamie, ^.^ taking adcca^ 
tage of the disdomres made by the infamoui .Hare^ under 
PAOMiSE of pardon^'' is entitled to prosecute him with the 
concurrence of the Lord Advocate. The artifice is palw 
try enough ; but our answer is, that the rights of the 
private party, who, as such» *Ms entitled to justice,'.' can- 
not be in any manner of way l^esed or impaired, far lesa 
destroyed by any previous proceedings of the Prosecutor/ 
in his public capacity;, eapecially when these proceed* 
ings 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, hwl 
the mother of Daft Jamie to do with the disclosures made 
by Hare to the Lord Advocate ^' under promise of par-* 
don T* . That ^^ promise" may be good against his Lord^ 
ship 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 4t would unquestion^ 
ably dof in the most serious manner, were his Lordshiji 
to be held entitled, in virtue of that most injudicious pro^ 
miset, to refuse his concnrrence. Nay, we maintain, oH 
the authority of Mr. Baron Hume, that it would be ille^ 
gal in the Lord Advocate, when his concourse was api 
plied for^ to take, any such circumstance into his consi^ 
deration at all ; fair it is expressly laid down in the pas* 
sage already quoted, that-his Lordship *^ shall not even 
be allowed to engage in any inquiry concerning the mmfo 



166 M^ST PORT MVRPBR»; 

of the caise^ ti^prqprieip of the prosecutioD, tfae^rx7» of 
the acitioo, the si$fficien4^x>{ the title, or the iHte ; all thes^ 
arejtis tertii to him ; and, accordingly, the Court would 
" ordain him to comply straightway ; leaving the discus- 
sion of these matters for the proper place and season, 
after the libel shall be in Court." This, we should think, 
1^ not very *^ novel doctrine;'" and as no man, we are as- 
sured, V <' would be more happy to thitik our reasoning 
without flaw, than the. Lord Advocate," (which we well 
believe,) we humbly hope that the exposition we have 
BOW 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 
>re are resolved to engage in no further controversy on 
the subject, and therefore wish to clear off our score at 
axice, we shall take the liberty of adverting, before we 
conclude, to one or two points of secondary importance, 
oa wjiich our opponent strenuously insists. 

And, in the first pl^ce, he pevsists in maintaining that 
,<^ had Hare and hj^ wife not been witnesses, there is the 
hest reason for mppmngi that the conviction of none of the 
four ^qi|ld haye be/en > obtained."' We would have been 
inupb better pleased, however, had this incurious apolo- 
gist con4e$C(8nded, to iinform us in what this ^^ best rea- 
son for supposing'" consisted; as we.cpnfess our own in- 
gbilitj' to discover ^ shadow of " reason'' for the ^* sup- 
position'* so gratuitously made. The point, we are well 
ftware, is an important one for our opponent; because, 
linless. he can.m^ke out that there ivas no case against 
purke, without the jevidence of Hare and his wife ; in 
other w9rds,dispro.y^..Qur- argument, that there was suf- 
ficient };estirffony to ^onyi^t without the evidence of ^he 



WSSX PORT MURDKRS. . l&J 

accomplices at all, then oar conclasioh 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 maker out, he has not ventured 
to bring forward a single argument, ot show a vestige of 
*^ reason''^ or authority, for the opinion he so strenuously 
asserts. We shall not, however, follow hia example ia 
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^Oou- 
gal. 

The testimony of a socitcs criminis is good in law only 
in so far as it is corroborated by other testimony perfect- 
ly 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 at* 
4;ention whatever to it. Xret us apply this test to the evi*- 
dence of Hare and his wife, and observe to what conclu- 
sion it will lead. The former, wherever he spoke to cir« 
■cumstances which fell within the knowledge of unexcep- 
tionable witnesses, differed from, or rather was flatly 
contradicted by them; aad consequently his evidence ia 
regard to these was of no avail whatever, except to im- 
peach 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 sj^id in regard to matters concernii^g 
which no other person could speak, they stood alone ani^ 
unsupported, and of course were not in .law .entitled to 
be believed ; while they were farther discredited by the 



368 WEST PORT MURBCR6. 

want of ill corroboration in regard to :circumsfiBmeai 
spoken to equally by them, and by tlie unexceptionable 
^v^itnesiies. How tben was it possible that an^ weight 
(whatever eoiild be attached to such evidence^ either by 
the Court or the Jiiry, particularly the latter? Two mi^ 
cteants, whose only title to be believed was their having 
been engaged in the commission. o£ three murder^ are 
adduced as witnesses to speak to one of them^ and wher* 
ever 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 arid un- 
supported, it is in the eye of the law worth nothing 
Why, then, were such witnesses adduced at all ? They 
werie hot necessary, because their testiiiiony was riot and 
Tjould not be believed^ and, in point of fact, their depb- 
'sltibns served no other purpose, except to enable the 
Dean of Faculty to plead what Would have been otherwise 
li^arly aniiiripleaded case, and' to point out such a tor^ 
"inidable array of flagrant contradictions as to shake the 
^inds of tlie Jury in regard to the effect of the uhchal*- 
lenged and unchallengeable testimony. The case, there* 
fore, 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 leasts 
we have again to submit that that hideous wretch, if 
iaot also his wife, ought to have been placed at the bar 
\)eside his brother murderer. 

• We are accused of having blamed the Lord Advocate 
** for not having possessed the gift of second-s-ight ;** and 
Various other foUiejJ which seem id have entered thfe ima- 
gination of bur bpponent, when* heatea with his subject^ 
are also laid to our charge. To these, however, we dis- 



dain to offer any reply. We can well believe that the 
dfi^ b^<ih^ ^p(m ht^ IittHskij[i^^ddal|!^, ft{i|l thiai^lftd 
b« ^v^' k^ ktf a^li his 6t^S| ki Vottldi i<i iHwl^^€^pi&Jt^o 

^ct ^fi^r^nfl)^ fmn what t^ fe^f 4m^ ^IWEiik ^s§ ifyj^ 

mil iht)^i^tK9iA-ikeJi»6TlAi kl^i^se^mii Wif 4^tf plwMti 
in such circumstances as almost inevitably to lead him tfii 
bungle a case : but surely it can be no very heinous of- 
fence to point oul diieb'^riid»i4«2 i-i^Arning for the fu- 
ture, and at the same time to show how even at present 
l^ef'^af^ iU'W^^m 19ieligiil^ I'^fifl^died*^^ Th^V^ry 
b(iaa atid ft6iii ^ dttf oSiffiidlfig ^bfifb Ihis «^IC9fl|M^l{aiI 
ftiote/^ It i§ mx^^ liri e^XidA M ftifth^f l)it«bti^tiiOti^ 
fltld ^& did dUi^ hm t^ ihdicAie what etfMii^li ^M^t W 
b^ ^3([pk>r^d« Thai <^aU has be^n tttislit^Het^eil^ knA TtiqttfH 
rl6^ li&W b6^n m oil f^t trbtch Un ^hti&ty Ml td kttdr. 
to imp.&tmkt ^^s^lta. th hg^tA td itie mmm of ib^ 
iti^ialii^if, or tb^ lbc<^ ^llich hfii^ b^6i^ i^ll^ited^ W« at«r 
for th^ pr^eflt dumb/ Oiit' dbjett is tc^ ki^i tabi b 
tbwfti^ th^ ^rdgt€i6il 4f jildi€i«l ili^e^«i]^tkdb ) ttfid 110 
wish to gratify the public curibdty^ or a&y ietlter tiidivy 
indeed shall induce us to breathe a whisper calculated to 
d^fefiit lli« gf Mf «Qd tiedi^frld^y pwrpode Which tte^Pixyiic 
]^oiiie«tttdi> U him labduriftg do z^dilidy td Ilic«0ttqsiiib«'' 

In Order to gtv« a c^otmei^erd iMi^uM i9Pi£»||f dlmbiii^ 
legal proc^ediftg^ resf|0etiiig thi^ cOQIebipliltitd tfial trf 
Hdre^w^ sbidl diel^ i^efodudfig the ^dbj^t lat j^eai^mi 
Iti ^ fft«iif% fitinfbgf li detail cf il^ Wh^k ]^li]f»kilngi» 
will be git<eil« , . 






8. 



. . . ■ . .f 



•i '- ')-•;'• '"v^ :..- .1^: 



J Wetnov.prpcie^drtiQjdelaU^pi^^^ hare, 

qinefully CQ|Ieqied) yfitt x^iqiiict to the.live^iiWd charactei^; 
of the 8ei9fe]9ll:i|idividml§ yrh^ h^veJi?e^Q^Gcw^^a»^,in d^ese; 
defiiribus isrmM^JfiB. Qf itheep, . tb^. AoBt w$; sbidl notice, 

jB^ ■ i ' ■ ' » ' . ' . . . » < • , . . 

-;.: ,:• •. ■! ;. . WIliLIAM. .BTJBKi;.,, ':■'.■ / "[ 

We can pledge ouiselyea thai firveiy , curcjopistiwce that k 
hare nanated,. has h^i^ obtained. fifpm suc^.^s^urces^as tpi 
I^ave no doubl; Qf il» authcgit^i^:'; U .wiU bejs^n jhatwUIa 
tfais' memoir is a gt^at deal iiilljerit^ap anyjonp.thiA has apr 
peai^, jit is also dissioulfur, inuaany paitjb$t)lars,.tQ ti^edis- 
jj^iAled.friigiQenta that have b^^ £e^ip, ip^e .totjiaepub- 
1^^ ;. how these jhave been obtf^aedy ^e jc^npot^ay, but 
y^^ticm arjer that thip accouiit.ha^il^^eii icc^^^Ef^j^ipa sources 
irhi^biPiafy b^rejijed ^m, and muc^-cf it fr^jn tb^ unhappy 
mmlbun^^ jbiid^ GiP:qiucb.ft^toen|^d6.U8i0,s^y.itt^ 
k;iaalinosli Ilia own account: . : > : 

lit' '•>• *< ',"■: t 

« 

'jlWiLhUiM Bp»%«» whose cxime6 hatt? eoi|demn«!^ hw $^ 
an:|gP5ffliiw»M;djEiid> ontbe scaffold) .desciibes himaf^^ hi 
his judicial declaration, emitted before the Sheriff-substitute 
^rSdinbiuc^ifllMlle^ iftxc^aii tott^eaiase.^ wUch.bei tas 
toedi^iaK }img ii^siiffm {f^fo^fit 9g^ . .He ^ras bpmia die 
pmab flf Qnfy^near glia^baiie, tpmil;^ of T]srop^, » tr^teldjt 
ab««l tb^ 9{^r j}7&^ y^ p^ntB w e^e jiwd but indo^trioua 
and respectable in their station, which was thati^«^otCieifty/ 
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 thar children, under cir- 
cumstances in which it is not easily attunable. The pa- 
rents of Burke seem to have been actuated by this laudable 



wiitf^*i^iitvkimL%. 1^ 



iaSsee^ as 1)««k Wflliatti lud^^^ 

he called a good edtwatiMi, tWd^iBUpmot^ td ^hattttuAlly 
iUHd ta the Ibt ^fdiiidi^ii^ in Aeir'raid: k iiieliiiid; Be>wa8 
^ttcaffeed in ihe R^matt 6alih«lic fiuihyirhieh lie lias .et^e^ 
Jdtioe iiomiiiaDy adhdbed to^ thoi^^h 'iritii Uttle^'<di>8ei>vaMe dJP 
Its dootrineA or ceremoiiies. He is by no means^ hoy^erep, 
a person ^^beibjpqial'iglioiBnoe or- atiqHd iadifibmice tkat 
bis callously continuing in a coyrse of .unparalleled wicl^ed- 
hess, apparently without pompunctiont woi44 l)etoken. He 
1ms siimed deeply, but it has not b^n altogether ag'ainsi 
knowledge, as he could at ^es put oj^ a semblance of devo- 
fion ; and during the fits of hypocrisy, or it may be, staii» of 
l)etter feeling, before he became so miserably depraved, his 
cpnversation was that of a man by no moans ignorantf of. the 
truths of Chri^stiamty, apdsuch even a^ to|ead i^ome to imagine 
him seriously, concerned about his. eternal Salvation. During 
one of these temporary ebuQitioi^s about fiv^ years ago,^ hp 
became an attendant on a pfayer-meeting held on the SaK- 
bath eveningif in the j&rassmarket. He waS;, for some timcj, 
remarked A9 one of ite most regular and toteUigent mcrtf. 
bers. He nev^f oi^itted one of its meetings^ and expressed 
much regret when it ^as discontihtied: As a GathoHe,' he 
was considered wdiideifiilly free from prgudice, ftmkbf 
Entering into discujssions upon th6 doctrines <xf Msdmnlli) 
or those of bther sects, with whose tenets he ebowed sonfe 
acquaintance. • 



«'/ 



He read the Smptures, particulaiiy the New Testament, 
aixd other religious books, and discussed their merits. On 
a Sabbath, especially though he never attended a place of 
worships he wi^i seldom to be s^n ^i^out a Bible^ or spmi^ 
Skipk of de^i^cMaottin his hmds. 









^J^"^ Va|> r^^ark^. to ^e pi- a y^ry Egct^J gjld agreeable 
;4|fPsitioiH^ witfe 9 gseai t^m ^qr r^eiy and, jooilaii^ 
W^a^ „^,i^ VS ftft^r prpcee^aings cotialcarc^S ha^ 
ife^'^PP''^.^* W Oisting^hed notonlv a^ a njiip bfe'u. 
,M^ qwet i^rid iilQffetfsiye W^iPpers, tift «v,n Wevi^il f, 
4ftm ^ggree of WwiW^,. QCtM?^o/W« p/ W^a smL 
.gular m?^nce i« given Ijjr apucquawtancp «nd uwr ndglL 
.J)Qur,^ho8e cMdEwke was rmaxkably, fond of,' and u^ 
to caress much, ,The Uttle boy chanc^ during tb« '^^ 
l^ei in the oeighbowhood. to beafflicted vlth f, i^^ 
Wd gathering on the neck, «nd his wothejr 400^ lam -tp a 

.neighbowipg^spensary. The medical attendants thw? wo- 
sdeted it advisable to open the gathering, whlci^ ifas:dpnp. 

r¥po|l the iP9th«r's rej^n honae with (^S,ch.il4, ?he, inJfo^- 
ej,Bwrke.pf what had takien place i b^ ap^^ed y^mush 

, iMbctod at ^ ie<atal> »ttd^?iid repeatedly tj^aj hg couJd nqt 

• h«ve -witneteed the operation ; that the wnHon pf it m«de 
his flesh creep, and expressed great surprise th^tthe QWliber 

could be sp cruel as to permit and witness it. 

; At an ftfter period, in Peebles, he still inade ton'sJdera. 
l)le pret^Hsions to religjonj, a^ the jsufcjpined note testifies.* 

• .. 

• As every thing relating to the ruffian fi^ke/tnay beAitmstittg 
at present, we add the following |B#iriftMiiii 'aiMMt^Wca, , dons^jlis 
rpflid^noe in ^e parifil»»af ?e#biea? 



house, he had oae or two reUgioiu .1hH>)pi )(j^i^ WHIT bw^ 
which he said he read ; being at that time confined by a 
»m\ feu-? ' ' §Q»?vM: i^coij^twt /wi& thi^r pwtWfled 
#«llft?toiW *fc# ^Ab^ 99^ .9£ ib» mteUigeii^, that, *^«i 
^wdWT^ ^Wktei -apd^the. ^bbath daygf lu«r h<^|ise yf$^ 
the scene ^ -jpcit; #^4 dri)i>]f^wnieM with ^be JPiea^oCijp 
countrymen.? In his confessions, published in the Caledo- 

w^ (M^ifctiq^ tiba M^qg teitim^^yA bcNTM by totelf, 
fffM>liisjnl^iiiif«4lMsi^>pp«af» ;^ 

..^, ^r< j^efitatesy th^t w^ile in Irelandj, his ipind was undgjr 

He^ and Hekp M'Dougal^ resjcledin that burgh in the je^, 19S^ 
and 1826^ and part of 19$t. --* 

I find, says our correspondent, that he is a native of Armagh, in 

il^nbi'th of It^^d, ^at he ^Mk k kehmn CaiiidSe, -^as a klMrer, 

afiil atttila^iii'.wiirifing en tllien>«ibaiidi]i;auuttiag.dtaku; 

' rH(!AfMJW.^n|idiral^9if^ten|iw» Wrciligi&ai ^ I regoUeetp^^^ 

<^fab.Ti4t to bia.>»H"®.he h*d qw ok two religious bpffks AjipgJ i*^ 

.^linij^ which^ h^ ^d, . he read^ being at that ^ime confined by a sqie 

lpg.\ He, 'seemed a man of quicft manners, aild, on my quesdoning 

Vifid lAboUt his cotnitry and prbf^Mooil, there appeared a mystery Mittt 

him. SiibM')i«'halr|$akf6<l ia <|^i^ uaionety, rhiiWttida}U4iu»iiis 

amoifg his neighbours about his character, and, I am informed, that he 

,W|^a]f.ixi<)ffensiva.man» b:Mjir that he kejpt. si^piclomhcturs^ ...Qif the 

Sati^rday night ai^d Sabbath days, his house wa^ ^e scene of riot and 

'drunkenness with the lowest of his countrymen. 

' ' ' Wh^ he left this ^laAee, he owed the wmhan f^m whoni Uef rentctt 

^tStBidoTtf^,' h^w«et^ f^ty And My sMlU&gt^ de wdd ihifl got^:4o 

jjbia htnest^ nAffsnia^M^ttV$m \M pa^jkhf i:ebl».wiwhrMtt0fir 

i4UiU 04. Application heiijg madf to him afterward^ i^; £4iabui;g^« 

for payment, he sent word to the woman to meet hiin at the head yf 

Eddlestone water, a wild and desolate pari of the road leading from 

this place to Edinburgh. The meeting was to be at ten o'clock at 

lifght, n^faeh ha weidd ptkf b^.^ ^ • t Heeeii t disclosuBes M^bOfy pMved 

5 



tki^ inftaene^ Stri^&gkkiB iiiipi^aAmB, and Ikftt1iewa8a&. 
<ni&t(«ied to reiki 1h8 cietebkifliB, antd^ldi |iri7«r boA, and 
tffr attend fo hia daties."^ • . ; 



' AH hifl pretenrions, howesret, seem to Imve had bat liMl^ 
jnftuence on his life and conversa^n, aslie was all tbe time 
IsYing in the flagrant^ ViolatioQ^of the pktneBt dielites <if 

^digibh^ a drunkard, hl^sphemer, ^d iklidtera!'; ' ' 

. * \ . • .". . . . ■ . » 

^ Soiie ot^inally irorked $s ^ labower about his aathii 
place, assbtmg his father, and li^big'in l^a houae^tuital h» 
attained the age of .eight^eeot vhen be left him. Hq then 
went' as servant to a gentleman in the iieigfabouthood, bat 
after being, one year in this capacity, the gentieman ^fd, 
'when he was obliged to ^ek other employment. 

■ - • » 

. .. - ■ ' ■ '• ' 

, At tjie .9ge,pf nineteaut he entered the JDooegfd militia 
as a substitutfCy and served in it as a piivate|aQldier for 
^€vtayeBLTSi In l^iis regiment^ his brother CMmtantine 
hdd tlie rank of a non-cdmmi^ioned olRcer. Ihiring 
the greater part of his service^ he acted in tlie capacity olT 
^anrofficer^a servant; and from the propriety. wthwhidft 
:lie Acquitted hitoself, gauoed^'itensidei^e roflpect*: r 



. . ; . ) { 



'It was at this period that h^ became acquainted witlk 
a young woman, of a respectable character, in Balling 
jjcou^tj of ^ayp, tQ»3ipni, ^ftersome time, be w^ r^gn- 
fkiftly married*, ^y her, he had seven cbildiren, of whogoi 
some were still-boitu AH of th«in, eacoepting' one bof, 
are now diead. His wife^ still istrrvives, and resided with 
her father in Ireland. 



* t 



. Jit iaprpNbli^ tM uptvith^taiiding b^f^gi^ charac* 
ter, the connection %as n^t u.wtaf cdaifbrtaU^ ^. fpf 



hm -1064 pfoved/unTaitUd/ la Her r^md! ihis'is -a >loe 
idilch in«8t {twire nmrred-dmr (kiaiestic happiness* : iuni 
deed, eren at. bis best^ime^ be.appear;»iofaave:displajied) 
considerable laxity in kis iateraoucseiiritb ivooieii* ' ' !r. 

c 

>.Ati'iifae general peace^ hia /regimeiiit wa8/disbajtidtd»7 
a)iM^ wkbxbe.rest/of .the/mi^ittfonses.^. He^'tb^ weaiJtt 
with his ,fiGU»ily. to. reside: iii:the[eoiiiit7 Mag^ Jn .the) 
nd^hboarhood. of his ifather^-law/ He leas aiso: in tb#/ 
safl^e class as. Buitkefs^paireDtey. and) possessed, asmsttr 
famHvwtiich^ dn.'.eqtifonDitjr'Witb the cost^omiitt'Iret^ftd^.. 
he waisiw}lIiiig)tapamel(o«tf;toiiia£HnByaadx6ii^ 
Tfaais}rsteni,pii£saed kithat'countDy^ of the lesfibe pr tadb^r 
man, .of Mrhat drigUially.iiBy perhaps, 4. vei^.aai^-Jbvaiyi 
sub-leasing miserable portions of it to an indefinite num- 
ber aTreftaiqcir^ is libw-so liniversaUy undehrtood/that it 
is>dauieicei»ary here.tb eSLplainJit. laa countryriswainxiiE^. 
with ad iU!ieinpldyed/f)apiilatioD, and;when aoinanjr.ad**: 
didiMel akimasitjifor. die most wrdbchcd patch of poto*; 
toct gflOttod, had: beeii siopciadded byithe reductioii oflthei 
tLgmyiito theialfeadi^iitedibidant pcqpnlation, itlmu^t have: 
hMai[io.ai{g)iifc.gfK»l;firt'tme£sn Buorkc^ tO'find.afiiiduiP?m*/ 
Iftw nrhoscf jtanfa; tfoul^ . still > afford . gwrfenanae ibrapiofciMtr 
family. He does not seem, however, to have bota-ots^j 
tented with the permission that was allowed him to cul- 
tiirM^i : lboai| yseairi tO'.year^ .Imt . liis :<o^m ^bUiodf^ .^ihe iah^e 
thatvwns.'aUoileditoihiB^usefi iml iaaisted.upoiiihaAriag: a> 
lelE^i gfcalitod. him.. ; . TUb . l&e . old laan jievediptoiiAy x^) 
Uk94^ oa>itbe;i<iIIe|^on4.:tbaJt his objeet,' affabr obfaioing> 
t^^ leaffe^ ifvateiitel scil it aiai.ddsairt^his family. Thi^fdtfrl 
fereoceJeid to sqitabhUngibetween them ^ i add afteriitl h9^ 
QQQjdiiiiidd for some ^me^ Bujrke fibij|^ that these wAW: 
p]^ob^ilUy>of ^nuig'lus3.}M»^tpiabaiidak^ tlie(f>r<^6fi$}I 
and deserted his wife and family. 



1^ win. waatT Mtonvrnm^ 



AfttfT ttldng UdSfeiothianpsieMB^liBickaiaytq Sttdaod '• 
iii> 1817 OP*i9)di He.tUn cagi^cdiwra lBbabtar^;oddii3 
cutting, of tbeUnloiiiCaiifdysbqB.allef: ilai aMbiiieiic«fti^«iL^ 
and subteqiwntly .wrotai>.ta i)h..\rifi( iii .ircUod^ .hoi.fhe- 
would not receive the letter. After some time it was re- 
tiirBed to bim^ and. with' tbi% iaU.uitsfc4HrMi:ivitiE.hid^* 
mityceiMd, never to baisiiia^iwQ. >He ha^JeftarJBfme^ . 
hoWevary apoken inicospebtfal tafemsiof hifiiadfi, ^aridiift^- 
VMf^l timii* cKpndsfeed ad iatentibti^ ifrbcQ>/be coQlilget. 
stotiers atrangodv of tetMiBJbig tabar; butmotives^iffe 
scMom wantingv for a continued indulganoa id a fav0ttr* 
itesib, and want of dbthbs^ ta.iiiake a tefpettaUa ap*' 
paairance^ wheal be joined her,, or some other.frivplottd 
prataada^ oenstantly diverted bun.&om bis |nitpole. 

. ' Wbil0 employegl nponlfae Uiuob Caaal^ beiaeoidantrt 
t^y mat the woman M5l>bugal at the vttUigiB of ^^^«fr- 
toviin Stirliogahire, wkece she was residiiig with kwr &• 
tber^qfter tha deaib rf.bcr bosbaad.. The stmty iokiaf 
bis 'TaHing in with bar on tba stveets «f Gla^ar is incocw 
i«et* • An i intimacy was speedily fennad^. and aboata 
yaarirblift tUe toiaonncettieiit of their coixaqiondeaioe^ 
tb^ agteed u»live as man and.wift^ and kai^ dona aa 
evitr'sineeL 

A nodhurlty of ^ dispositiba ae^na to haver ptoduciii «'' 
caiTCBpondiDg aftetion, kad t|te synpatfa^'thal aWadad' 
diam to- 4mdk other appaavs still lio have, outlivad ait tMr* 
qutirralsandtbeill nsi^ be subjdc^ her tou ttntf 
huve azpressed great attachtnat to cacb iodwr moo k^' 
boavictkMi. ItisondanleodthatiniaocDoncaf hia^aon*' 
nectiaft with M^Dmgai^. adiila^ Ua wife waa atiU 4ii9^ 
bariog )>c«ii niada to th^pncptoF Ua sd^ioiiy be «Mtt> 



itrscadmoabhed,.' aiid recommerided to. i^^urni to- htef, 
bad upon' fais- refusal' ti6 tlo 8O9 was estcpmtnutucated. 
Hitt may iperhaps in ' some idcasure expilwi bis not ^- 
tt&ridm'g^ chapel Vbile bis refUgioiiis fits were upon bim» 

» 

' Re^ after the completion of the eanal) cume^ along 
wkb -M^Dotigal, to reside in Edinbargfa, and engag^ in 
tke parity trafllcktngih various sorts of merchandise prac- 
tised by mdtiy of liis coontrymen^ travelling abdut the 
country in prosecution of bis trade. He. dealt in- diiffi)-* 
rent ^brts tffpddktry war^Sj old dotbies, &c. and cQUe0^ 
ed skins, human hair/&c. in tbe country. 

Daring the work on tbe canal, he had been noted 
among the other labourers as > of a particularly handy 
acftii^e turn, and skilful in cobblitig, in a rud^ way, his 
own and the shoes of his acquaintances. After bis sub- 
sequent settlement in Edinburgh, he turned his talent 
to sdtnc' account; and thou^ he^ never had learned the 
emft and mystery of sboemaking, contrived to gain fro^i 
fifteen- to twenty shillings a-week by bi^ new acquire;- 
-aietit. His practice wad to purchase quantities, of old 
-fiiioes, and, after eobbling them in the best fashicm he 
Gould, to send M^Dougal to hawk them about ampng 
•the'CQlliers and poor people of her. native district. 



I I 



' At this time be lodged* in the bonse. of an Iri^bo^an 
named Michael, or more commonly Mikey Culzean^ in 
the West Pdrt, wild kept a lodging-*house for. beggs^^ 
and vagrants, similar to the one which Hfire's crime has 
•mtode so &mi)iar <to the<publk,r<-iA .the language of the 
dashes wJk> freq«^t them^-^a beggars' JHoUl^ 

•I • K 

■ ' ' « » . I (, 

Many will probably teqoU^ct of a fire happenipg Iq 
one of these abodes of wr^biedness ^bout si^ years ago^ 
^ 2a 



(#hieh incretlible' iJuthbeiv emetged.fr^m the imiaenkit 

•tieve)9.'' In this c<>fiflagoatian Mikey's dwfUiiig suff»ed» 

'ft^d' 'Bin4te <d»iid M'Doogal esomfDcd from the-flamaa afics^- 

ly rf^tk^d) sind with the loss of all the liuld property th^ 

possessed. Some charitable individuals contributed to 

'^iy>eiii»6 cldthes atid necessaries for the! suSetrer^, find 

^they repedvedsomi)^ relief by the hands of th» Rey^.IV- 

'Did^son, one of die ministersi of the pftrtsh< By ribis (Ujt- 

^aster he lost his library; and though it U spipewb^i siib- 

-pris>ng>to hear at all of a coHeetioo of bqol^s i}|i(^6rjs||p)i 

-ulrcainstancesy it is not. tb^^less sp wb^^Q* t^n^paes q( 

some of the works, one faJei^tion^. .AiP9ng f^hem i$rei:§, 

Ambrose's Looking unto Jesus, Boston^s Human Nature 

nniu Foiurfold State/ tbe PUgrim's Prggre^ec, andiBoqth's 

'^jftdign ^ Grace;. ; His 'landlord \aftflrw9i^d$ t$:K>)^ -^^ .rpQH^ 

<jn Bt^OMrn's Closey Grassmarket^ ^heise SUirkfi ai^o ag^ 

•W^fit as a lodge*. . , 



. I 



r • ^ 

' ' It was-at thtS'ttme tfcali'he attended the iKeligi- 

^us raeetirt^ we haive piieirioosly:iiientiQiiedi».\^bieb i9(^ 
'freld.i^ the^ neict apartmeat toi'the one. ia ^hioli fa^ 
^odg^. Duri^ his aitlendance .be .waf always; |^ps- 
fectly decorotts in his depdrtnieht, and viten.ienga^ad.Mii 
^MTorstVip'had tth air of: great -seriousness jaJid de,yQtio9. 
The coi^Iiictor-'atifd'frequcMteri; .o£ it hadfor^vmrij^Jb^ji 
subjected to much obloquy, and even violence, from the 
^CMbolias ^M^ho «boQnded;iaithatt n^dighhonrh^DOK) } Jfnd 
^lee^nfng;. aiter Budce's tattendanae 00 iti hU.l#A4" 
lot4^ Mikey 'Oulee^n, attempted to jcrepitA a9ppjr^%?§, 
^y- breaking ^tb^ougk so«iis. sheets lof pap^r whi^k f^fi^P 
m^d to covj^ii»Aip-an ^old-.wiodqw, and icryiog <^t;iA ^ 
voice of devUion, ^< -^fi^'yiike^exS^rmm^fi '^^\}^^^BfHHg 
to begin." Burke expressed himself in indignant terms 
bn jheoecas/iony' sayings that k wafi» shifimefblf^andlun'- 
i^Wthy of. a man- to "behave w subh a mamieirJ; ':.; _■! > 



.wK6(r POET nimBKiiflr. .1^9 

r^i!oftitbi general aimsidn to the fneetmg so mieqiflvboik 
^mnnif&Biid by the^laiJioliosiaBdBurk^ being umTocsally 
kwatWA to belcxng t» that persu^siot^ his £reque»t a^Mndtt 
•nee '.Qfi k, and i^eTeretitial 'beba-vlour^ excited the mdre Jio^ 
UkCi" : It :wa8 BSfial for him to rehiaiii coti^rsing with thci 
kidividnalln whose: house thby assemWed after the olfa^^i 
had fUspersed.;! andao- these oieoasiotn tbeiuhjecte that 
bflid occiipied their sfttention during tfa^ MPtiae n$Axxr%\l^ 
w^re "oftsn talked over, .Hin coi^ttf6atio9]:was>gtine|!>aUy 
^och^hs'to dhoirtbtt be had been: attmiUve to wMt waisr 
passiaig^ a^d comprehtoded the topits bi*<^iight qndeptlni 
n«»tice« Since his con vietioa he hais' advehted frequency 
to tlte fiut>j6ct^ and deplored' that the meetings had 'bdiii 
(SUscontinued, a& eTen this imperfett fbrtn of publib wor^ 
ship had :a. tendency to keep him from dflgratlt sin. Hq 
haskeptin hisreteoUeetion, and mentioned* after co'ndem-t 
nation, an e>t'pres5i<m which was used.in Me of tlie.-eJKM 
hortations — ^^ that there was no standing still in sin." 
His career of guilt, gi*adoaily adva»ncid^in the comniis- 
sion'of orime^ uhtil: the vioitrtibn- of every hunmn aiid Di^t 
vine :law led hitu tomostfiagrafit enormities, has awakened 
him, by bitter :e!Xpemnbe, to give his bnwilling testimony. 
to the justice of ifaie remarks 

< Doting his- residence in this heighbourhood, hegat^ 
Bo indfeations of any thing that would' lead people to aii«* 
tictpetehts'futut^e en<d>rmiiies. He Was industrious atiid 
tervioe^ble^ ii^ofibnsiv« and playful in hm manner, and 
was nerbr c^bs^ved td dHnk to eitdesft. He Ivas very 
fond of music add^inging^ inwhtoh he ex«dled> and dil^ 
ring his melancholy moods was most frequently found 
chanting 'sttme &,i(mntt plMntive air. All these qua- 
lificatibnS) and his obtt^ifgrttianner, joined to a pais 
ticalarly jooulur qili^a^^al character, with pin inleriili^ 



$80 .wsisir:ipaB.T MCfissss. 

nbblefup^l of low: humour and drollery; rendered kitn 
9 general favourite. .His custom was to take .a wftlk 
almost.daily &lo!ng the streets with an acquaintanice, and 
freely to interfere in any;tfai:ng which occurred ta induce 
hiis bunM>ur. rSome of these occurrences are still recoi** 
kitted, by his/0ompanii»3s in his perambulations, a speci* 
met] of which, as every f thing concerning him now seems 
to possess interest, may be given. In .passing along the 
(Soiwgate on one occasion^ his musical ear was annoyed hj 
thecoatinued inharmonious cry of ah itinerant vender of 
salt. Upon her approaching him still nearer, the annoy^ 
a^jQCTeached its climax by her drawling out in discordant 
sounds her reiteration of << wha^U buy .saut ;" though 
flinching under it, he turned and replied witJi his usual 
politeness, " Upon: my word I do not know,. but if you 
will aak that woman . standing gaping oX. the door oppo» 
site»'she will perhaps be able to inform you." - 

: Qq another occasion, when attacked by a- girl of the 
town in; the Highr Street, instead of replying directly to 
her solicitations^ totbe.astOQishment of the unfortunate 
girl, he commenced a. torrent of abuse, on accsount 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 hnmpur wilsh. which he continued his remonstrance, 
thai: the rude laugh of the crowd was effectually directed 
lkg$tinst the amazed girl, and she was glad, by a hasty rer 
treat, to save hi^rself from farther ridicule* 

Though his conduct. was suish as has been described, 
atud eveia to his parnm^ur, notwitbstandi^girher irregu^- 
l^r habit^, partook inost frecju^ntly of his general, charac* 



per. Yet on sereral occasions, he subjected «bertp ill 
usage, or sometimes rather, perhaps, returned her vio^ 
lence, by relentlessly beating her. A fruitful source of 
quarrels, was bis propensity for the company of loo.^ 
women, which, when exhibited,. never failed to rouse her 
jealousy. The most common subject of it, wasi a near, 
connection of her own,, whose virtue was not of an imtnii- 
culate description. She was, hoivever, a gneat favourite 
of Burke's, and often was introduced into the hous^:. la 
one of these squabbles, a result was nearly produced, 
which might have termin^Lted both their lives, in ^tspme- 
what less notorious manner, than his is likely* to <be^ 
though more Conducive to the public safety, than lys af* 
jter impunity was, ami exhibits the latent savagenjs^^ of 
bis dispjosilipn, notwithstanding the fair exterior. 
Oi|^ evening, Barke, IS&^Dougal, and the female already 
H)6ationed, bad gone to bed together. In the night, 
some jealousy had arisen between them, and a battlefWas 
the consequence. So loQg as the conflict was maintain-- 
ed.on nearly eqiual; terms, Burke, cpi^ tented 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 thrj^shing 
^ponJS(.'Douga}. Th^ heigh boufs who bad: heard, the 
uproar, but as usual, were bacjkward in interfering, were 
now alarmed by the cries of an interesting little girl, a 
daughter of M^DoUgal's by het former husbanc(, who. 
lir«d with them, and \9^ho entreated them to. assist her 
mother, as William Burke was murdering her. . Upon 
hastily rising and opening their doors^ they found 
MfDonglil extended on the floor of. the passage, ^ppar 
rently lifeless, with her .brutal companion standing by, 
contemplating her. * After some. time, she exhibited s^ijzn^ 

8 



IM 



^BST POVr MVnj3BU9i 



bf Kf^i #hi3Xi^ Ag^^^ s^i^iirg ber by the liair»> usiT utter- 
ing' a bdrHd ifn]preeatioh, be/exelaimcdy ^^ There is li£e 
in ti^t* ycitj'^ And dashed her head vielentijon tHe^fliiorb 
The'pblic^ w^itDhmteti had bj this Xiva^y iiebitmade aware 
<6f the Hoise^ and arrived .immtidiftfteiy after this fresh ifi« 
hmiianity. Upon asking B&rke^ if tbe wboian. was bis 
irife, he again assumed his usual mild. maiirier^ and in.ao 
kikinuating^ tope said, <^ Yes^ gentl^meiH she ik Injr 



wifeJ 



9> 



- After living for a yiear in BtttWfi^s Cios^, hJe removed; 
still al5 Ciilssean's lod^er^ ta S#ttn's Gtose od the ctpposit^ 
side of the Grassniarket, \trhere be fe^ldfedfot* some tittle 
itiU cobbling and pui^suiiig the i^me courte of^dndirets. 
About this time, bis acquaintance "^ith the iadividofli 
^ho has furnished us With som^ of the i^v6 prtHicUlai^s^ 
stliFered an interitifptidti.' Burk^, dltboiigb sd Kb^aliU 
bis iiltercbiirse With t'rtitestantS) bad still etidugh of-Ga^^ 
tb6li6 feeling^; as tb take exceptions tb bi& frieud^s iHteflll^ 
iD^dirange lodges^ ^nd a coolne6» iti ^eon^eqwii^tt'en^ 
*ned. ' 



> After teaving Swan's Closer he went to Peebles^ wfaeffe 
he settied for somi^ years* tl6 wks employed there S^ k 
labourer/ and wem dtiily to rbad^makiiig. in th^ m^igh^ 
liourhoiod of Iiiherteithen. 

ft • •/. ••* 

' Hef e^ aitbough be still tni^ihtained sotht^ pHeten^ions te 
legion, "w^ ckti ti^aee a gradual detarioratioti ibliiseb»- 
¥iieter. From thi^ nbt<^ formerly giten^ it will ba seentbat 
lie was tiidW distinguished for keeping suspifcibus ikdars^ 
und that bis h(>use was the resbtt of profligate charatters^ 
UgA noted as the i^^ne iaf 'dirankenness and riottag^.espe- 
oi^Iy on iSatUrday nigbts «id Sutldays. 



find occupation ^pre mu^qk tl^e Bam«, l^irklng, gQnerally 
Ijs a IjftbiOjuyep, a^d pcpasipnally fpUwipg hin «elf-tiwght 

After the liarve^t of ,1827> he, still accompanied by 
M'Dougal, jcaine agaip to reside in Edinburgh, ancj ij; 
>vas at this time that he nrst became acquainted with th<^ 
monster Hare, who was his tempter to thes^ unKalIcK(ve4 
deeds, and his teacher* as well ^s seducer He c£(pi^ tq 
live? in Hare's house in Tanner's Close, West Port^ 
whiqh was. l^ept as a lodging hous^ by his wife, ui^der 
the name of her former husband Log. tii this abode of 
profligacy and vice — the resort of vagabonds of every 
description, and t^e tl^eat^e of continued brawling an4 
drunkenness, it is noj: surprising that ^very trace of de- 
^^nt feeling that might stil} have lingered about hi^i 
should speedily be dispelled, and his mind be properly 
tutored and prepared for the commen^cement of tbe.n\ur- 
derous trade in which he so ruthlessly continued for 
nearly twelve months. 

» • 

An intimacy was speedily contracted between Hare and 
hifn, and to shaw the vile footmg on which the two families 
Jived, We may here relate an anecdote which was commu- 
nicated by a respectable* neighbour of theirs, who called oh 
Burice^with the intention of giving him a job as a cob^ 
bleir. He foutid Hare most brutally beating the "wom^ii 
M^Dotigal, who was lyhig on the floor, and Burke nti« 
eotitsernedly sitting at the window. He asked Burke why 
W suffered another man to beat his wife? to which' he 
replied, ** She weil deserved all she was getting*" 

Purlf ^ ^tiUf 'however^, jnaintalned a more respeeti^bb 
^h^,lf^fifsf ^an. JAy^of hi^: :part»ers ; Have was a nide 



18A west PORT Mt^R&Clt^. 

aimI fetociou^ ruffian; bis wife- was'' a meet companion 
for him ; and M'DdXigal was very little behind them in 
drunkenness aiid 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 iis, along with his other avocations, a dealer in old 
slioeS, and used to employ him to mend, them up for 
sale. I'he stock of boots and shoes which was found 
in Burke's house upon their arrest, and which excited 
so miich speculation, belonged to' him. 

Previously to his becoming an inmate in Hare's dwel- 
ling, he had been in the habit .of engaging in harvest 
:ivork, first at Mr. Howden's, ian extensive farmer in East 
Lothian, and subsequently with Mr. Edington, farmer at 
Carlinden, hear 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 usi^al for him to find out some useful service, 
which he performed at the farnL-steading ; so that he 
was seldom, if ever, idle. Whenever it happeii^d that 
a servant had any heavy article to lift, he, of all the har- 
vest people assembled in the kitchen, was the foremost 
^tp ofTer his assistance. Qn a young woman's cnentioi!i'< 
ing that she had never seen Edinburgh, the same cour- 
.teous Burke, invited her to town, saying, that he would 
give her.^.lodging in his own house, and ,}^SLi he would 
show her the city; but, fortunately, she never had a^ 
opportunity of availing herself of his kindness. After a 
stay, pf a few days at Carlinden, a letter arrived^- which 
wa^tscad to annoance the illness of a child of Hare's, in. 



West pout murdkr^. 18S 

Edhiburgh ; the parents began to arrange for their re- 
turning homeward, when M*DdugaI remarked, that *^ if 
Hare goes, William Burke will go too, for they ard like 
brothers, and cannot be separated.'* Accordingly^ al! 
the fouV went oflF together. ' ' * . ■ 

• **• •» J * , I 

I 

While he resided rn the West Port, he was remarked 

• • • ■ 

to be' ^a y^ry early riser, frequently appearirig ori th^ 
streets in his v^orking dress, on a sanimer morning by 
three or four o'clockr some who t^iere also oti foot at 
these early hours, u^ed tOf ot)^^^rvfe Will,' and tAant th^ 
shoermakers of the W^st Port VhhtRe observation tha(t 

• • \ r - r 

the Irish lad was the mbst in'ileistrrou^ m^ dtltonflfthetti? 

t is probable' that this activity tva§ fo^ i^'very dififereflt 

pappose to what >^ds suspected; ' ' '' ^* ' • ' "'^ 

^ i « . 1 

The first dedlinef fn subjects comm^ncfed'in a manner 
t^rhlchfelvtvoUlS be inclined' to visit with very great repre- 
hension, and had the pair throughout coiifi'n^d themselves? 
to similar exploits, they would pfobkbly have' feeen re- 
garded as adroit antf ingenious ictiaves^, perhaps itiore; 
beneficially employed In furnishing theneeWsary supply 
of subjects iti a manner which harmed no 6ne, than front 
their bad habits they were likdy otherwise to be. ' 

, ..... 

In December 1827', the natural death of a lodger hap- 
pened in Hare's house,-^not of a woiri^ii, as has been er- 
roneously stated) but of a very tall and stout man, a pen- 
sioner who led a dissipated good-for-nothing life. His 
debauched habits sufficiently account for his &eath, white" 
yet in the vigour of lifej without a:iiy sfuspiciott of unfair 
atffency bein/r* aroused. ' ^ 

•■ • <• .».•. J. ^ k t 

ASier laxs decease, the brdtitary' observances Were ffon'ef 

2b 



?P* west;' jrqifT jfURof h^. 

tlj.fo^^g|T5| ^9ji .filj matters fitly preparpjij for th.e funeral ^ 
•» coffin vffB.s proc.ured, and the fuperal guests inyit^cj, 
^n^l every thing managed fpa, deparc^ys manner; the un- 
dertaker tfame, and while erpployed in fastening down 
the lid, was invited into the other ro9ra to j^cxruit his 
strength by a dram, the coffin was then uncovered, and 
t|)|2;cpjcpse quickly dislodged ^od njade tp change pitpa- 
Ji<jps.\yith a sack x)f wast^ bark which h^d J^een jjr^yipusly 
procurejd froip a neighbouring tannery, i^ft^'^^Ws, 
the fastening prpcpeded. The coffin jiyas .|3prjiq pq^ at 
tl^e .^ppppjted time^ before the ^sscpbled guj^stjs, and 
il^itb aU due soleinnf|ty deposited in the. Grey Friars 
cjjurph-yfird. TJie i:ogues, aftep tl|^ cepprnpny, prpc.eecjpd 
to find put ^ purchaser foj* jthe body, ajid so ufiaiqqu^intecj 
were they with the manner of. proceeding, that they did 
not at first apply to the proper quarter. Throughout 
the day, . howev.e;r5 they found this, out, apd a,t diiskHthe 
subject was cpny^yed jaway irj the sack vtfhich had- held 
the bark^t^nd.was carried on Burke's back. , Their first 
resting place yvsm at Bristo Port, where it was get down 
for ^Jittle, wheii Harje' topk his sh?ire of the burden. 
They then took the. round-abput road of ,. College Street 
to §urg,^pn^', Squaf^^. T{iey sooif 2fftei:jv?(rf}p, Jiigyve.vef^ 
found out the nearest' way. - • » 

^ft^r all fhat h^s beefi said, subjepts jBUst be prpcuited 
for scientifi(:j purpos^^s ; thjB necessity of a y^ung maa 
under a cpufse pf educptipn for si|rgical practice qpalify- 
ing himself for hi^ future prpfessipn by anatomical di^- 
se<?t}o,nsj renders themijidispensable, while tjjp very Pfdj* 
Mnces and regulations of the pol lege pf.gurgeons, makes, 
dissection imperative before he dan obtain. ^ diploma or 
license to follow his profession. Were all subjects pro- 



wRti PORT .k (TRDfiisf! ist 

private frierids we^e outrafgerf, nor public' fle<ie'fl'cyvi(>- 
lated, small fiiiilt would be found; though flie nature ot 
the traffic would continue siill sufficieVi'tly revolting tA 
deter kll bat ruthless blackguards frbmi effibiykiti'^ 

m It. 

. • • • • 

' Bit after once gaining what to them' was a lA^ge SuVA 
*df money, Burke'^s and Hare's cUpicKty could not be sa- 
tisfied with this comparatively innocent method of sup- 
plying their wants. Th'^y were apparently too in56ieil|t 
or ineipert, or lacked ci^rage too much^ to aaOpttHfe 
ordinary but hazardous mbd'e of raising the deatf frirh 
•ifehurch-yards\ Still,' with' this eisy,' and apparently unlif- 
^mited rtieans of acquiring money opening to tlVem, tttey 
'C6'ul<i htit beta'ke themselves agii'n to the pufsiiits' oMio- 
nest indusftr^; and, stimulated by the gr^atne^Vs of Ihfe 
re#a1^d, and the prospect of their sen'^uarindulgerltf& 
^beirig s6* r^idrly gratified,"they foi^med the'desperiite f^- 
solution ^f commitlting murder, alirfof conttnu'irtg^6 im- 
brue their hknds in tih^W fetlow-Aibrtals* blood, as thifr 
oJrd'hiai'y ahd sole means of procuring a livelihood. ' 



. J JL 



Before commencing the revolting' narrative ofaneir 
appalling crimes, we may mention, that previous, to , the 
period In which th'ejf engaged fn them, their neighbours 
tiised to bbsirve them' An ly to* rioitcci the squalor ancl 
Wret<i;hedness of their appeara'Ace ; but all kt oiice, there 
wis a iudUen irhange, arid Bofrke aA'd M^'D'ougal especially 
assumed a different aspect. They appeared' wiel I dressVd, 
and ^ent nion'ey freely. Whisky, which however much 
, 'it may 'be. relished', can 6nly be fSrociiVed &i intervals liy 
iWeh <in' h^s situa'tiohi seenied tfo be constantly at thefr 
■c6mmdn'(}y and iven crerfii; 'at a nei^tibouiing-'spirit- 
-d'ealfeii a!Ad. grocer V, TV^'fe ofcwiAiWedi^^o'-an'fext^ilf that ai 



1 



J8S VUf^T POBV MI}Jl]^J&»S» 

loo^st.no in^iviclu^l iq his situ9.tion Mrould have ventured 
^p hope for ^r, request.' 4t tblfs thue^.Byrke meptiopjed 
to the wife of an pid acquaintance, w|)om he met^ accir 
dentally, that he ha<^ spent fourteen pounds witbiq tJ^e 
last fortnight; and if he had known where her husband 
lived, would have been glad to come and spend three or 
^aur pounds in cpnipany with hiot.. Of course^ ail this 
apparent. ^jB pence was npt exhibijted^ wit^iqut- esickipg 
the spjeculation of those whppbserveditj aujd tb^y ^ere 
troubleson^e in their inquii:ies into the secretw.tbat enar 
.bled them to live well, and.dripk continual! Vi wilhaiit 
working. Various were th« .excuses that w^rq made,; for 
they pever app.ear to have been at a loss for aa answer. 
On one occasion, when the qu^tion was.put to Burke, 
and suspipions intimated, that he followed the trade of a 
resurrection man, he peitber would give a denial nor an 
affirmative to the proposition, but contented himself. with 
remarking, that the querist was as bad as the jest * Q|i 
another, he would ask Mrs, — — " Cian you ke^p.a se- 
cret," and when the curious inquirer, expecting to \^ 
entrusted with the whole mystery, eagerly answered, 
" Yes," he would reply, with an air of secrecy, that he 
smuggled a little smalUstill whisky. 

Nelly M'Dougal had a different way of accounting for 
it. She averred that ^^ bad a pifoperty in Stirlipgsijire, 
which had been left to her by her former husband, and 
which produced twenty pounds a. year; and that it Wjas 
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 thea alleged that the 



wxsT nMHT. waosmfb IBB 



noioOey wa^ ih^. prbqeeds pf a; li^dy that ^d.Jieeb lately 
left her» and that she drew part of it when, she pleated. 
To humour this story, she usedwto announoe toherao- 
quaintances, from time to time, that tbeir. oaoney .was/ex>- 
pended, and tiiat she had writtea off for a fresh supply. 
In a few day^, accordingly, sb^ iottmated that, the oioney 
had a^rived^ and dew vigour was imparted to their drunkeh 
disorderly courses. . 

It must be perfectly apparent, what; the dispatching of 
the letter m;^ant, and.if tbeee proce^ifigs does. not amouxtt 
to a guilty kpowledge ahd Accession to the oaurcjera, 
so far as kiiowledge of, and sharing, in the proceeds goea^ 
we dp not comprehend what can cofistitute pacticipatioih 
... . J . . ' - . . • .1' 

. At another time she inUmal^d that William [BurJ«e] 
was the favourite of ti lady in .the , New Town, who nearer 
^l^wed him to want mon^y, And s^meiimes she had know^n 
him receive. twenty f/ounds at a time jTrom bei^. 

Burke states, that Hare.an4 h^ had often talked ot^f 
tjhQ subject of. murder, and ,b*wil .cohauUedjiwpoii th^ b«H 
mode of effecting it. h may well b^ qr^diiedi .As thi^r 
first essay seems Iq have bee^. fjonductedt ^ilh €^ nm<^ 
coolness and delibjeration, as; mu^h captious raar^geipeiit 
in efiecting it, and as Jittle compunotij^n in tbe execMUdn, 
as if they already had been adepts in the art. It jvas peiv 
petrated on an elderly woman, belongmg to the village of 
Gilmerton, whom Hare had observed a little intoxiijated 
on the streets* She was a pensioner to a gentleman inth^ 
New Town, from whom she received Is. 6d. a-week. U^Ae 
accosted hpr, and easily succeeded in enpcipg Iji^r.iintP Ws 
bouse, here they gave her spirits to drink, and afterwardf 
Mrs. Hare, purchased, for one shilling and sixpence, a small 



f /. 



m 



190 . mtw PO«T> Mtriitfxftsf^ 

f , , . 

cami'of hUcimyise vihich Aie bad received set the hoiiscf of the 

.gentleman already mentioned. The pficeof it wkd also laid out 
in liquor, and the poor woman speedily got altogether intoxi- 
cated, and commenced singing iti the exuberanceof her mirth. 
.She told them that she had a very fine }'oung daughter sLt 
bome^ add, with m'^ternai feeling, was loud in her prafises. 
Hare represented himself as an unmarriied tiian, atifd satid, 
that upon her representation, he would marry h^r daugh- 
ter : The poor woman readily consented to the match, when 
the heattles6 fiejid, expressed gtedt kindness for her, and 
alleged thait Ins bride and he could not li'v'e without 
Jier, atfd thkt when the daughter came home, she ridifst 
come to reside with theM. Sh'e willifigly cons^ted to this 
arrangement, and expreslsed herself quite overjoyed at 
meeting with such a good provision for herself and daugh- 
ter, aind promised t6 retam' atid get the marriage conWiim- 
mated. They took care to ^1y her weH With li'^or,' in order 
that bleinfg mjide completely drutik, she might remain after 
the other lodgers had departed in the tnortiiiyg. Next day, 
the spirits had the effect^ and she was sick and vomited. 
Ttye monslets hdd not Hba^don^d rheir purpose, however, 
atid u^ter ^mpifying h^ With mOre w'hisky, when all tfce 
dthersr had left the house, they pui her to death iti the way 
thffey pursued ever afterwards,' by covering aind. pressing 
upott the nose a'Tid mOufth ^ith their hand's. Tlie body v^M 
afterwards cbbv^yed to Surgeons' Sqt!iar^,»anld the moni^ 
reatdily obkine-d i'6t it. This ha'ppen^d in December 18^; 

Iti thte' whole story, we see n6nie' of th^ hesitation^ 
and mft%iVJnj^ of men engaged iri a first attempt, at 
tfiiieh' a horrible cririie; ev^ry thing a'p^ea^ • rather like 
the a6t*s c^ those, wb<!>m long familiarity with a' course 
rf ihiquity Wad i^nd^Hed toWpl^tely caHbiis,-' ibd yet 



WIS^T PORT ^Uii^sa^.; 1 1^1^ 

there does ppt ^eem any suflScieot gfqund fqr spppo^ing , 
th^t either of them had be^u engaged ip such crirpqs be-, 
fpr^ . Burjce.assefts ^trenupusl^r, that he, nieyqr }vas cotU; 
cerr^edin .like p'^nsaptiqfis, apc| expresses his belief th^t 
Har^ also was guiltless^ up to tl^js MR!^9 ^ %^ ^ ^^ (^^Y^^ : 
of th^ bipod of his felipw-<;fej^|:tiqe^ ; a^fj, lifter AvlfAt ha^, 
hapgejije^. jhe^ssfjpefjly will npt jbe raupb inclined ^o-faypfir- 
Bfare. ^^his ppipipn fs alsq cqrroborated, when ^e feppl* 
l^ct ^hsit f [)e^ proceeded jik^ npviccj? in t):}g disposal of ffi^. 
pep.siqfjfir .^vho fiie4 n^turalf 



^ f 



'Thp pex)t i^K^fprtunatj^ yictini to be jn^efted in the horrid , 
cfitalpguje wag-an^ngJishtpan, ^;| travelling pedlar, prpocAr-' 
man^ who had lodgefj ^l^^.^R Hare's house. The process^ 
which they had now ascertained to be most easy and effi- 
c9;Cioi43 W3.S alsp gone ihrpv|gh with hio). - He, was enticed 
t(j drink to iijtpjcfcatiqn fit niglit ; and w}).en the house Nyas . 

clef^^ecl^ ^^ V?s, &uffpca^ed in the U5i|al m^ipnef, 

I .... 

3u9f^g? ip th^sc irjsfances ppa^e |:)>qa^ ippfq eager, fipd 
Burk'g^de^scribes hiropelf f t this tipie as ihiiispng continually 
after his prey. 

/^ cpppected or plirpnologicfil aqpount of tl^eir paurdprs 
caj^Dpt pow be pbtajned ; the cpparfn^ry k^pt no books to , 
wj}iph referjepce can.bje inade, apd were not cvjfipus i^ in- 
quf ring "ii)tp tjiejr yictiii^s' names or circurpst^ncpS;; but 
such disxinctiy^, marks of every one pf them has be^n fur-, 
nis^ed} as ;:p.ep>able us to jay before opr readers. ^rae no« 
tice, of ^1) the iqdjyiduals murdered, thougjj jt may tiot . 
pcrfiap^ I?]?; exj^qf ly in the ordex; ir\ which they. occurred ; 
even in this particular, we believe, it will be found nearly 
correct. They in all amounted to sixteen ; fewer than 
what sqm^.Jjpiaye psprted,' but far above whfit ^py one -^ 



' %9\ '' WEST PORT mc;rders. 



could have conceived of before thi& atrocious system was 
unveiled. One of this number was effected by Hare at the 

r 

time that Birrke was absent in the country ; how it was 
accompl'rshed, remains only known to that demon himself, 
as It was 6nfy by necident that Burke discovered anything 
of k. It has been often said, that there is honour amon^ 
thieves : this does not, however, seem to hold good regard- 
ing murderers, 'as Hare appropriated to himself the price 
of ihrs subject ; and upon being challenged fty Burke for 
his breach of contract, audaciously asserted that nothing 
of the kind had taken place. It was only after his com- 
rade 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 

dissij^ated character^ who ased to infest the Grassmarket 
and neighbourhood, called Mary Haldane ; sibe was en- 
ticed into the house, and fell an easy prey ; her previous 
habits caused her readily to iinbibe a sufficient quantity of 
ardent spirits, and httie difficulty was found in despatch- 
ing her. 

It is singular, that among thei r victims should be rank* 
ed a mother and her daughter, and at difFetent times too, 
bat so it is that the child of this Mary Hafdane Was kid- 
napped into the bouse where her mother had been for-. 
meriy murdered — she was unconscious of her mother's fate, 
and was deprived of life in the same way. She was a wo- 
man of the town, and led a very dissolute life ; one of her 
sisters was transported to Botany Bay not lon^ before the 
murder of the mother and sister. ' • 

• • • 

Among the rest, was an cid man, who tiras usually 



W£ST POKT MUH&EIIS. 193 

known bjr ttie Bstte of Joe. He had beetl a miller, but 
old age and infirmitieB had incapacitated him frotn work- 
ing at his trade. In an evil hour he entered Hare's 
lodging house, and Derer departed from it; he ^as also 
plied with liquor, and when in a drunken slumber, hit 
breatft was stopped. 

AinoDg the oth«t< Th'^^lfaitcfioly atorie 
pedulinrly touching d^sbri^libii, «hich 
aa he has bden, oflen t^k§ ^f, Hhd depl 
hitngs heaviest uptlii^liift (tdiiMieilct. Ii 
Irishwoman, knd tiet QeM and' dumb g 
bfied already nocic^d', iSlijffigh iitc'orrectlj 
Tbe pb<» votu^» witft ti^ h^lpl^ ch. ^ , 
bjHaxconthistretn^tAldtHou^h ttWti^mstaacesasades- 
UtutecouDtry «f)nuin^«ld-{hfe prdt^rclss^the helpless boy,' 
might have mek^d the hardiest h^rt, he does i|ot^seem to 
bave felt aoy conipEinctiiSb in markiiig' her and tier child 
out for Elaughl«r: Sh4 was iuvited to the house, and 
to bcr seeming, h6^trtably entertained. She seemed 
perfectly well jdeased, and even expressed to them the 
BBtiafaction the felt at her gOod fortune in meeting with a 
kind countrym^,' who behaved so giftnerously to her, and in 
whose house she 'ctt<i>id i epose Hafe froin 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 giiandhlolher was 
unwell. Next morning he was, almost charitably^ dispatch- 
ed also. Biirke took him upon his kntf, and broke liis 
back. He descrrbej this thurder as the one that lies most 
heaTilyupott his heart; atldsays that he is constantlyhaunted 
by tbe riecDilection of the piteous itianner in which the Boy 



l!j^ WEST I'OST .UUItDKItt, 

loukcd in \)\p face. The lad was. laid ^^ tbc bed alongside 
of his grandmother ; and when the time arrived for ani- 
yey'iag them Vo^ the dissecting-rofjtns, tlif bodies were tum- 
bled into, an aid herring barrel. 

nt happened in cgUnecUon with this 

well nigh put a stop to their career, 

i. upuD the qircurnstances ni>w, it ap- 

g.t it ebould not have Jed to a complete 

infamous trapsactioDS. Tbe herring 

e two bodies was placed on a cart. An 

re.pos^sBed, and which he used in his 

rockery-ware was yoked. to 'it,>aJad. the 

ening.to Surg^ns? Square wkh their 

cargo. They proceede^j along' the ^est. Fiert,. wkhboi 

any thing Eeoiark^ble happening,, hi^t.whea tbejtjceaidved 

th^ marketplace at the eotranqe to tbe.Gratea)ftEket,abe 

horse stj^pped^ and, notwithstanding ^1 their qfiiiirta,' would 

not prpceed a siep farther. . It may be easily oonceiwd' 

that they were in a, sad quandary, wi^b not|ung before thenf 

but instant exposure. , As B^irke has since said, thei^ 

'< thought the poor old horse h<id risen up in judgment' 

against tbein," ynfortt^pately lor, the puhJic,! though 

luckily for them, as it gave ih^m a re$[Hte.f[ir some time* 

longer, the assembled crowd u^fe sq mueh engaged in ai- 

tending to the, horse, that noneufi th.em thouglit of inc[uir- 

ing into ,lhe contents of the caft ; and wheo it w,as.ascer-' 

tained that nothing could induce the horse to/mov£ forward, 

two porters were allowed to. bear of!' his burden without 

attracting particular observation, and, like M'CuUoch, they 

bore their load to the dissecting roi>ms without .being' 

troubled with any scruple upon the subject, or once ven-> 

turing (o ask either themselves or their employers what it - 

was oomposed of. The miserable horse, which it is pro- 



b^ea^aiKt hard dshge, and ihsuffic^t diet^had arl 
reisted m its progre36v rather than any suspicions' or\ifl^ 
willingness to comply with the assigned task, was, in re- 
venge for the fright it had given its masters,' and th^ trou- 
ble it bud put them to, led to atBeighboiiriiigtatiiiery anfd 
shot.'. • ■ • ' ■ ' - - 

• • The subjects, howev^i*, Reached their destihattbn, and,' 
notwithstanding' this untdward event, and the imminent 
rjttk the guilty- pair 'had incuired, 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 iany feeling of- cbiiipunction, which apjiears — if 
such ever existed — to haiFe been of a very «vanesc^fat de- 
seriptibd,' had disappeared. They had 'tasted- the sweets of 
aniafcundafft sepplyof ttioney, and ampte^m^tmsof grati-^ 
fyirig their s^sual appetites, witht)ut the irfcsoii% operati6f)f 
of working f<>r the neoi^stel-y iiifeans ; ^and it Wai^ Wofe like- 
ly thsat any temporary alarm would divert them^ from pfac-^ 
tik^Si which: supplied all tb^irw^nts. ' With their ^da?!^ 
s^red;if such an 6peratioH ever was requisite, by the hai 
bitudelwhich former erim^&'had given then^ ai^d assured 
by the-vrnpunicywiijch had' - hitherto' attended their specifi 
iations, - i!t:«^as' unfikely 'thJat any s^rupli?s^ should abdil, br 
ariydreadidi^MM^y^tliem. (Befl^ctiM was quite* dut of the 
question. Hare seems to have been both mentally, 
from original organization, and physically from his inces- 

• * * * 

sant- iise'>^efK*ard&nf sfri^t^^ ineapabhe of it; and Btirke, 
though po6seisi4)g a indre aetiVe and aclite mind, wasT 
yet endowed with an instable rambling disposition, which 
incapacitated bfim fKdii^' any 'CdMinuous 'mental iexertidn, 
aodt bees^e^,' at tW^' time -he' was in (he cdiistant habit 
of *4 9t*epiiig:h*8/fceiK^iirt^|b*^etifulne^,"''a^^^ -at- thi s^nie 



tgr :tl(^ iin^^lgf^(¥ pf }ii; i|i9r4i<iat« ^{^tij^.for pt)niitl»|tf94 

■ . ' , \ • * 

at all or ^9t, tfie B^xt qpjpQrtvi^itjj fawod. ifc^pl ftcU^eljr 
engaged in what had now assumed the character of a r^^gUr 
lar trade. The narration must be proceeded in, and the 
disgusting cfttaJogue gcfn^ tbrqugja, < hoi^ey^r r4??olt^j^ to 
b^K?«pity, and w^ l^astep ^o Uy fepfpTe our tmi^X9 ibft 
remainder pf the intelligence ^e l^e qj^fa^^ re^p^cUng 
these murders. 

Another one ^s effected uppn the bpdy ^ 9 poor 1^ 
woman who bad unhappily .dr;aBk tpa fr^ly, %nd not 
being in a conditio^ ; to behave ,4iscrQei]y^ hpi^: t^ubjoeted 
herself tq ^e surveillancp of the.poUce, wbo^ 99 a Iwft w-i 
$tour;ce, wore in the apt of conveying h^r ¥> the ofSce; 
Burke happened to be ii^ tbe way, ai^ apparently com^ 
miserating the situation of the Mnfoirtunate wPQWii^ ptof^ 
fered his good offices ip taking ch^rg^ c^ her aod ftirnisb- 
ing her with a night's lodging^. The o%ep9 were doubw 
less glad to gu their trpublespifl<j cbvge ^ easily oSthek 
b^nds, and re^cjily ^c^cpdeci to bifil rpq^swtj sbe was coo- 
ducted to the ordin^r^ daughter-hpuspjHare's^ andispeecEly 
put out of a 9pnditipp tp give §py furU^^r aiiiiojiataee to the 
Police. : , 

Another victim yaj ^ cinder j[ftlherer, yrhnse ocmpation 
caused her to wander . abpMt the fili:eets ai iill houcs^ and 
while Burk^ prowled ^brpad «t the eftrly hour, we have 
mentioned, many ppportynities must have ocetirred to 
form an acquainunce with h^r, and we may suppose liiai 
little indpcement would be regqi^ilie to cause hef to leate 



^ W£«T PORT UVAf>^K$. 197 

her wretched employment for a s^a^n, and partake of • his 
good obeer : she was destined oev^r to return 'lo it. 

If there be any gradation in th^ir wickedness it afi^ 
pears more incredible and unni^tural that a near telatioa 
of the one, and connection of the Cither, sb&ald haine heesk 
selected as a sacrifice ; yet it is well ascertained aiid id>' 
mitted by Burke, that a young woipan, a cousin of M^DouL. 
gal's was also put to death, aftpr haying been intoxicated 
Some relations, we believe her mother and sister, after the 
nefarious system was developed, came to Edinburgh' in 
fearful apprehension,- e^deayouring toa^ertaia the fate of 
her whom they had long anxiously itipUmed pirer, and 
applied at the. house of Constantine ]^urk^f when her rela^ 
tive Helen M^Dougal was pres^fit. Sh)&,.in answer to their 
agonised inquiries, replied, that they need not trouble 
themselves about her, as sb^ was'murdeisd and aold-'Doilg 
before. • 

Qne of the remaining fi^urders w4s perpetrated pn the 
body of a woman who came frpno the country, and took 

up her lodgings also in Harie's» 

• • • 

We have already givten, at p^e 12&lf7« adeseviptiptiof 
the murders of Mary Pater^on and Jf mes Wilson, or D^ 
Jamie, and it will be uoii^e^sary here ta repeat what haii 
already been inserted. Sturke has admitted, that he wai$ 
intoxicated when he suffocated Baterson, and that it was 
done in the presence of Hare, while she wa» in a slumb^, 
which the excessive quantity of spirits he induced her to 
swallow had produced. All legal prooeedings regatdW 
h^r may be considered tp be at an end. Should it be :re- 
i^lved upon, however, to indict and try Hare for the mur- 
der of Xfaft Jamie, 21 farther development of some of Ai 



198 WEST ?6llT MURDERS. 

circumstancel 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 sin- 
gular that he was the ohiy individual murdered who had 
diense. enough to refuse the Irquor that was pressed upon 
Jiim^ and apparently the only one that they found any 
■difficulty in dispatching. Burke has latterly, in allusion 
JLo this, remarked. « that they found more trouble' with 
a/sober fool than a <irunk one."" 
' : • . • - ... • * •• • 

. '. During the progress of this wholesale butchery, Burke 
and M*X)otigal removed from Hare''s, or as it was more 
commonly called Mi's.. Log's house, to that of a relation' or 
iconnection of theirs, named Broggan, the father of the 
^tnesfi of that name. • We cannot determine whether 
there had reially occurred such a quarrel between Hare 
•and tbera as to induce them to sephmte 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 disagi'eement actu- 
(jualily. did, take place, it had been of short continuance, 
and their operations appear* te have suffered no interrup- 
tion in consequence. It has been already stated, that 
Brc^^an's house piresented' admirable capabilities for car- 
ryitig:oa the work, provided* Ifce inmates couTSi he rfefied 
upoUfibutas itrooly) condiStfed bf one small '^parttnent, this 
ynia^ in^i^pQnsable. . There was 'also tfife iSark ^iassage,' fur- 
nis)aipg.a place.of retrcsat for-the wdmen, when that should 
be considered convenient. ' - 



> J > 



(.: •* 



. Previously to occupying their new lodgings, however, 
ttjey.j^em to have spent a short time in Constantine Burke's 
hc^ms^an:tbe Canbngatey as they were reading there wlien 
Pjafef^ni^nd Brpwn wece jenrioed ihtb it in April.' Soon 



W.KarT ,I»Q|lT,MI?Jl^Mi. ^109 



after Whitsunday ,th^yirfi(nove4. tPi^roggftn^Si^u^iand 

not long after . commeo^^ :M^.?g i^: ^^V th« pwrpoie that 
Hare's Jbad been formerly applied tp. ^ A depeci'&'Woinari; 
the widow of a |X)r£er, D^p[\ejE) Ost)§i\ wiM> iiv^ ia the 
Grassmarket, and who had died shortly before, was the 
first victim in it.,.. She. ga^iiv^d/ he;r living in an indus- 
trious laborious way, 'maialy'^bj^f webbing and drasnngj 
and eked it out by ai;>y.:,4prt df work she might be 
employed in, and -dMriug harvest ..engaged, in country 
wwk. She bad been ^apcustomed' to. frequent • Brog- 
gan's bouse in hpT vocation of a .washer-* wansan, .aEod.wav 
well kn9wn to the neighbour 9.,.f com her long resi-^ 
dence abgi^u tb^ fieigbbpifrh^pd^ and from h^r often com- 
iKkg to MrB.^I^a^\(ji^jbei'e ^^e. go^ her.;Gi6the& man^Iedj 
One day she was observed to enter Broggan's house^ and« 
was noticed afterwards singing " Sweet Home"" in com- 
ptlfiy with Burke^ : Tbis .w^ fl^ie last trme that^i^e was 
seen. After havipg. hiseti persuad&l to drink, she was dealt 
with in the usual mtyiper, , ; ^ 

Those who lited.in tba neighbourhood cannot- divest' 

thexD^elyes oCtbp idea that Bi'oggan;. or at least his wife, was 

cognizant af. this afiVir. . Their characters were not good, 

be being a ri|d^, brutalaodidruiiken personage, who made 

tl^ place.the aceoe of a» continued series of bra wh; his" wife* 

also, was not b^ld in good estimation. .'The time of the mur^- 

der^.they argue is. pjfett,y .well ascertained by the fact of Mrs. > 

Ostler's having been known to enter; the bouse, and never 

seen tQ 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 w^j^ could not, as she bad lain in about the time. ' 

It is but justice, however, towards the Broggans to state j 

that Burke has never implicated them in any knowledge of 



bis wfmmn ptm^ngs^ mid in thb particular ca^, he* 
toyn, that th^ scbouchm^t bad taken place some time before 
the mvrdier^ and that Af rs. Broggan, as welt as her bus- 
band!, Wan ab^nt fpom the bouse at the time. 

Some time after Burke's coming as a lodger to this 
botise,. he became the sol^ occupier. Broggan bad been 
xidable to pay his rent at Martinmas, and Burke and Hare, 
who were cautioners for it, were under the necessity of sa- 
tisfying the landlords Broggiin immediately after this 
decaibpsd with his famity. though it could not Jbe to evade 
the lancUord's claims or from inability to meet it, as we 
have seen that the rent was already paid by bis sureties. 
He left Burke iii undisturbed possesdon of the bouse, and 
fbrniture. 

After his iiemoTal, it might have been supposed that iio 
inmate would have been admitted whose presence could 
possibly prevent the accomplisbineiit 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 tbem, as Gray ap- 
pears too stoui a man to have been slttempted single- 
banded, even by bolb of the villaiiis, and the notbn of his 
being an accomplice is equally out of the question. It is 
true thaf when a «^ d shot,*'' as their abominable cant term- 
ed it; iras obtained, they were sent out of the way, but this 
must have been inconvenient, and after being felt so, it is pro- 
bable that they woukl'not have occupied ilmt lodgings long. 
Tb^ girl that Hare, murdered, when fiurke was alK^ent in 
the country, completes the number of sixteen ; and thiis, 
according to Burke^s confession, makes up the whole num- 
ber. Tbe. i^mouiit is suffidently horrifying^ and the details 
abundantly fearful* 



WEST FOKT' XUmSiXSS SMff 



' The account of the trial,' femishes ample * details of > the 
murder of Margery Campbell, or Bocherty* It was the 
Jast committed, and afibrded the.meamof detectiag aad 
putting an end to their wicked career. It is fearful to ccHi- 
template to what lengths it might otherwise have gone^ 6r 
how long it might have continued. 

To the notices which have been given, we may snbjcun 

a list of the whole ; and although^ as we have already pre* 

^ mised, we cannot vouch for the order iji. which they hap* 

pened being strictly observed, we believe that it will be 

found otherwise perfectly accurate. ' . . 

» 

The first subject sold ^as,. ; ^ 

The pensioner who died a natural death. 

The murders wei!e. 

The old woman from 6iimerton« 

The English pedlar. 

The old man Joe the miller. 

MaryHaldane. 

Her daughter. 

The old Irishwoman. 

Her grandson. 

The Cinder Gatherer. 

The old woman taken, out of the police ofRo^t^ 

hands.^ 
Mary Paterson. 
The woman from the country. 
The girl M'Dougal 
Mrs. Ostler^ the washerwoiiGiaii. 
(. Daft Jamie. 

The woman Campbell, or.Docherty* 

. The girl murdei^ed by Harealona« 

• »• " 2 n 




2(MI irzKc ffOlT Jf umBESsr; 

' '01flh^96, bioi^ ;were uluitieEted iii Hdrefe house, and two 

Biifthe.oeUnr adjciriing to it, irAocfa wa« used by Mm as a 
itable^ Fodr dr fire of ' tbeifa iBere^ effected in wibat tras 
fittttt Broggmi'By and afterwards iBvirke^s house, smd one in 
Gopstaiitine JBiMrke's, io 6ibb's CkDise 

We have f^-equently had occasion to advert to the insi- 
Dca(ting manners, and unld de|x>iitm6cit of BurJoe ; and the 
sane dbaraetera'Otended him va bis ')«st ptaoe of residence 
io :tkeJWiett'Bafl: Th«aigb ^seldom 4Docupied at work, and 
wtin^t'CdntitiUklly dtirikifiig, .fie was stiU considered ^a quiet 
ino£Pensive man. The ft^uent- ^uafbblQs that took place 
between M'Dougal and he, and the beastly orgies of Hare 
and his wife, did not change the ophiibn.of their neigh- 
bours. Hife etmraclfer ralther ^stc^bd out favoui'afbly, when 
contrasted with his associates ; and a scuffle in the family 
of* Irish people of his rank, is not stk*h am uneoomion oc- 
currence, as to exdfter v^h a?ttent5t*n. Indeed, *so little 
was this regarded, that the cries -rf inwdcr, oft the night 
in which Campbell was«suffb6aled,Wci*e passed -over with 
this single remark by one of their near neigKboUrs, that 
«* Nelly would surely be murdered to-rii|^ht, as she was 
making such a noise ;" but Without any idea mat there 
was any thing more serious than usual going on. 

• I . ' ... 

^''^ti brcM«M^ iMohslcmd, if h^ ohanfced to i^et any person 
in the passage when intoxicated, he would pass on with the 

observation of, <^ I am fou to-night; l>ut I w^ll.not <]isturb 

i> . .. • ^ • ' 

you. 

I « -r ♦• < I' ' 

^. • - • ' . ' ^ - 

His fondness for 2ira6k$ \i&6 be^^nlnormeirly 'noticed, and 
this distinguished him to the last. It ^as Ins practice to 
engage some waiidtMAg Ifithi^tWl^^^'Ottng'fic^oyard, or 
Italian boy who jdnya abditt tt^e^sti^e^tl^ dn'it burdy-gurdy 



WS«Cr tOl^T MUEUKM. MS 



most fvequeuily, m^ >rkb faia asaisl^aiice lio gofc iif>. vec 
bou&eaooQoert an4 dance ftiBon^ the children tbatcbuld ber 
collect^ ^boufc the iiei^boutbood ; and sucb was bis poN 
pularity, that his assemblies were generally well attended^ 
He appears to have displayed considerable affection towards 
cliildren, and to have secured their good will by joining 
them in su«h harmless sports, as these daneing parties.* 
Those who were too yoiing to partielpatq in the amasew^ 
Qi«nts^ were propitiated by gM'ts of sweetmeats, &c. • ^ " "' 

^ _ i # a 4. 1. * < 

. Many anxious mothers have fpund . out s'mee the tdarl^ 
tbat their children were objects of regard to the n»urcl0refe> 
Burke; and in thepleiutude of their parental affeetion^ hia«e> 
congriatulated themselves upon their escape fro«Dhi3 clutches;! 
Nothing could now conviaoe them that a plot was not hUb 
to kidnap tb^r beloved ofispdhg, and that if he had nvic 
been detected, they would ere this time have furnished 
subjects for dissection. Burke, huweiperi alleges that he 
i)ever meddled with children, and never intended to do; 
so* There is little rooin> to doubt, however, that had the: 
si;ippiy of full-grown and higher priced victims failed, be. 
would not have acrupled much tQ betake himself to younger 
ones ; we cannot allow any tenderne^ of feeUng to one who: 
could go on butchering so unconcernedly and for .such a.> 
leogth of time. He istates, indeed^ that he would har^. 
abandoned it long before, had it not been for the entice-* j 
ments of the monster Hare, who, whenever he proposed' 
stepping short, incited him on by threats and fresh tcmpta*-; 
tions ; but although Hare may have been^ and, we beKeve>; 
w^ the greater delinquent of the two, if any distinction: 
Can be made, still Burke must be allowed Co have possesseolf 
free^agency enough to have •withdrawn himself, or evea toi 
have arrested the progress of his partner when he pleased,/ 
aad w« fear that this excuse will scarcely serve to pailiatei 
his conduct. He was all the time a sharer in the unhal- 



MM WEST PO&T HUS2)XEft« 

lowed gains; and an aetiVe 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' 
hiamind. 

< • • t , 

He has even stated, that Hare atid he intended 
taking a journey in the way of their business next spring, 
tliey 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 
prooeed. 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 Dub* 
lin* They had little fear about making a successful spe- 
eolation ; and in all probability, with such a fine field be- 
fore 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 con- 
cealed from the authorities, but which, except for this an- 
noying accompaniment, was pursued with nearly as little 
compunctkm as any other profession would have been; 
and alter some practice, they must have found it a luon- 
tive one. The commencement .was made in December 
1827, about Christmas it is stated, and the woman Docher- 
ty was murdered on the 31st October 1828.* Their bar- 
gain 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 m<Miths they 
had/^nassacred sixteen individuals, which must have pro- 
duced 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. 



wsarrpoKX mukdeks. S05 

Theic eviUgot gfiiBs 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 t-he same 
day as part of the price of the corpse of Campbell. Burke's 
money was upon his person, and Harems 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 Do- 
cherty was detected lying among the straw, and before the 
neighbours were apprised of it. Hare was discovered lurk- 
ing in the stair leading to Burke's room, about the time 
when the body was to be conveyed away, and upbn 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 kuf$es 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 ejGPectual mode of relieving himself from his 
troublesome inquirers by commencing to retch and vomit; 
Mrs. Law shut her door violently in his face, exolaimiihg, 
<< what an ill-bred fellow," and Mrs. Connoway also followed 
her example. This was apparently the signal they waited 
for, and immediately afterwards M^CuUoch the porter car- 
ried 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 |)eople 
flocked about the place ; none of the suspected individu* 
als, however, could be found, and the police officers, who by 



S06 WJE9T roBT HirasEBs. 

this time had been iaforined of it, and hfldr yi^teect the house*, 
lefc the place in search of them, and the tumult ia some 
degree subsided. After a siiort while, Burke and M^Dou- 
gal were heard coining down the stair and along (he^ p»s« 
sage. By this time^ thej must have been aware of the dis^ 
covery, as M^Dougal had been informed by the Grays of 
their suspicion^, and had made an unsucces^ftd attempt to 
tamper with them ; yet there was no flurry nor precipita- 
tion perceptible in their manner^ and, uiatead of proceed- 
ing directly into their apartment, M^Dougal observed, ^< I 
have a candle but no iigbt,^ and entered Covmoway^i^ 
house to procure one, as if there was hoth'mg wrongs 
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 bad not been speaking ill of him ;^' and 
upon Connoway's answering that ^^ It was not good €hey 
bad to speak. ab6ut him,'* he inquired, «' What ill ^hey 
had to say 7** After being informed that it was sibout a 
body that had been found, he affected to make light of the 
affair, under, the pretence that it was one of tbeir «dd sto« 
rids about lifting the dead. He was then informed that it 
was not such a surmise now, but that be was suspected of 
murdering the little old woman with whom they all were so 
happy the night before,, aiid that the police were aftef 
bim* He replied with more asperity, *< That he de- 
fied 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 re- 
surrection man, but never had known of aiiy murder being 
laid to his charge. 

He entered into an explanation of hii meaning, which 



WEST f&tLT ftCUilPERIB. 20^ 

as oluch fts any thing else tends to show the cod design^ 
ing natupe of the man. ^ Do you recollect ^tbe oW wo- 
man that cai»e from the country ?" he said, describing aa 
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 answer^^ 
" That she did.*' ** Then do you recollect/' he rejoined^ 
** bee oomsng in to you and shaking hands, aod bidding 
you farewell?" Mrs. Connoway replied, "That she re- 
membered it perfectly well." ^' I made her come in and 
do so on purpose," he added, ^f as Broggan. told me tb«t 
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 can- 
libt say, but Mrs. Connoway had never heard of the dr- 
iJOibsxance before. The officers immediately after ihisool* 
laqixy entered, and seized the culprits. They were convey^ 
ed to the pblioe ofBce, and after examination by the sheriff, 
w^re transfi^red to the Calton Hill Jail, and placed among 
die untried prisoners. Bnrke^s conduct b^re tdal was 
decoirous, and corresponded with wlmt has been piievioaaly 
«aid of him. His behaviiour daring the trials and iflHae* 
diaAely after it, has also been desoribed, md little. remains 
to be added, save some short account of fais-dttUeanour 
since conviotioo. 

>Oii the firsi liiMBniir^ after Jai^Temoval from the Lock-up^ 
hoQse to the condemned cell, which, >in the Calton Jaal, is 
under the women's colls, and adjoining the stair which •leads 
to .them, he mentioned to the jailor who attended him, thai 
he had heard a woman lamenting, and inquired if it would 

be Hare's wife. He was informed that it could not be 

« 

sfae^ ^ as she was confined in ;a distant p£u*t of tbe.faoua& 
ile asked, if there were iauy women in the same quarter. 



208 WEST PORT. MUB]>£R». 

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 replied, «* she 
has lost her only earthly provider.^ On the evening be- 
fore 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 
^^fiome 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 spi- 
ritual conversion of .a great criminal has frequently been 
complained* of by many, under the supposition that it has 
a t^idency to encourage sinners to continue in their ini- 
quity, 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 sub- 
ject ; and, though they did, it would require great hardi- 
hood 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 tho-> 



MfEST f ORT MUllDS&S. 209 

MUgUy sifted and rigidly inqaired iota before a conyeN 
sion 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 en- 
abled to proclaim that ^^ the wicked had'fotsaken his ways,' 
uid the unrighteous man his thoughts,'^ and glad should 
we still be to learn that it was so ; but truth compels us tbt 
fitate, that no symptom has hitherto occurred to warrant 
such 3k conclusion. We know well that he hlis e^p^es9ed 
contrition for his misdeeds, but we fear that it is rather 
aoi^row for punishment having ovelrtaken him, than a s^se 
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 ait all,' qan.- 
icaroely sdy any thing else. He i^ said to be perf<^tly re-f 
sigoed to his fate, and to express himself quite calmly on* 
the subject. We believe it all. He is a man of that 
atamp that would resolutely brinjg himself to siiffer cahnlyf 
what bexould not avoid. . As to his annoutcing that he. 
would not -now accept of.pafdoi;! though it was offered 
to him, it appears to us to be a itiere' fiction. 'We' 
would not wish to speak> irreverently upon such a solemiil 
subject, but surely we inay be< allowed to say, that. coilver'* 
sion to. the faith of the Gospel, and to a firm belief ixt the 
truths of Christianity, does not and ought not to bring* 
along with it a predilection for being hanged; tliat while- 
italone prepares a m£^n for death, it also capacitates hint' 
for worthily continuing in life. We fear if Burke has! 
fioade use of such an expression, it c^n only be accounted. 
Sox by wrong-headedness or hypocrisy. He must know well 
that a pardon is not likely to be granted, and if it were, thati 
hia consent would not be asked; ai^d any observations upoa 
the svit^ect may therefore be spared. We repeat that we 

ib^be happy to-be assured that we are mistaken in the 

9. * 2e 



8D6 vTMVt YOKT MxnunEBs* 



vitntF wt ksv^ tAem (Of Has ststei \m theib b iiiodi-.f«Aif iha* 
lli<kgb a mttlm^hHy n is a jueir Mel . 

r • • 

t • ' 

' Sifloe^his cmvicftoii' be hsis be^ vep\r stfjkUy wtitefaed^ 
Math^ j^dttid find mbam ticF dedtfby hiimdfy t^cmgb U» 
Uir tf^v^r sfaoiwfi the dlightd^t iticlitiation ti0 da so. A liatt 
ditsr wilb him' nigte dad day, affd w thefts eikgAgei in. thni 
Aafiy, m Well as och^Hi whd Are tieci$Ma(riffy emp4o;«d about 
fem, lie bad! bJeeif v^ry cotmbttmcativ^ and gavrbtous^ 



M 9lQSCrkti!t» of th6 ff?&eAcm irkh^ i^hidi b^ sdnveDj 
^'ah tho$^ wh<y ifre aboiiit htm^ we nmy itieDtion anr inaUiiidD 
wtiifdiy were it MC for tbo melancboly and awfid aitiiaiiiotg 
i& wfafii(sh he rs plaeed-^^tandmg on the bckih of eternitj-^ 
wDuld b^ttr M hfirefAmMy ludicrous aspect. Hisiatad 
Menfiiid to'bal^e bdi^n engaged m a train of reasdaiog. uppiii 
§cfiAb ^objecKy and at last be gme veiHt ta it by staying^ tbiit 
h^'tibtigM he Wa^ eiMitled tOy atod oughi to get^ the fivte 
pdbitfds' ft^nn Dr. KnoXy which wa& atitt aiipaid^onthe body 
df tlii!«^ Wdvffad Hoeberty^ It wa9 observed to hiniy that 
SK' EncAt bad Idst by the traHsaetioil, as the body waa tan 
kra imm Hiiri. H^ replied, <« That was dot my basideNT? 
Idffliverkl thdf subject) arid be ought to bate kept it.'' it 
wad tkfeii ^iad ta bim^ that if the nuMiey was paid, Hwee 
^%(gM tf& gsi hdf of h. He pondered a littk upon thitf 
tibti'i'' AiMi^ tfaten answered', << No; that B^aie badcIcBrcii 
hittftelf'by becomtng ldng!*s evidence, and he thou^t ihsSi 
liahted'juitly forfeited his share of it^ anidthat all the fir^ 
{fafttflda shoQid gt) XiS^ himi" It turned out that hit anxi;^ 
Alt the ftvb pcHfnda proceeded from a desire to . appear 10 m 
x^iitaUe uladn^r 00 thef scaffold* ^ Shvce I am toi^ 
pmr beftnid the pUbKcy" be said, << I afaoold lik^ to be>i«u 
sffSclaUke^ i h^er^ got a tolembki pair bf tvolase^ bM 
haV^'tict'it t^ ami waistccttt thac I can appear iii ^ and if 



.1 gelibtfi ftiefiwnid^ I wavid imy .theon*^ "Illipug^ it is 
iiat }^k»\y rtbat he mil r«»iv^ Ahe meoeyj his irish will be 
gnld&eA m neap^ &« idie «ibthfi8,^i«-a iiapic .arfaiich he hms 
fympimtly Bdirented to. m/^e uodecs^Dd !tbat ;tbe pnest 
mhioi atteods ibim^has /provided hixn vUik ^what he deur^s-; 
mod if jbe had not done am, the Magiatvates^ would 'baifs 
aupplied the wmit. 

His disease has now got worse, and gixes him graat 
uneasiness. In consequence of the surgeon's request some 
change /has %een made on his food, and in addition to the 
meagre diet formerly t^otod at^ « tiUl^r^PP ^^^ been al- 
lowed him daily. This day, (Tuesday) he will receive the 
ifif^fnam^t ai^cordiiiig Jto.tbe lile^.pf ibe Ronush church. 
MewM x^moYed tp (he Loeknup-fhouae jpreviout io t)ie aw^ 
fyAwrmkowii. :«f afM^Uciei^eout^, iHt ^ve o!cipek :tbi6 

;Silice 'his cofldemnatbn, all istereours^ with him has 
hf^n}^\xiQt\j prohibited, except i>y l^hoae whose duties ve. 
i^tred tibieir atti^ndanoe, or ihe authori^iefi Mho might ^wish 
t^ b^ 'him upon puWic bu^nesfi; -fir, iiaailj, -those wl|^ 
ln^, ;f«p«i their 9itA^9M(»x, itbe p'mWge of ,tke enirie^ ^nd 
j[$QI|ld enX^vA the ^m? privilege to ja f^^wof thair ipunediate 
friieQCls ; ,bat, ^^tb V^^^<>^Vm^>Qi ^hm visits;, lliev seun 
to!b«ry^b»en aptwtc^ by:tbpki^ai]fleideiiire, tbait tbeimfe 
l^y>py ipi#jpi ^^d [Q€^ be wppy^ from kmotms f£ cvaao^ 
^f^, gnfl ;tbp. public hm be^n rigMlIy jexduded. Still § 
§^ffi<^pt nifiqb^ foiind tb^r m^f kato his cell, to hattss 
l^^4 t^se hi^ about iC(Hif($8§i<^s ; #^^4 to be. rid of the aa« 
vgff^vfi/ef a^ it js ffiat^di be addiy?^s^ a letter io ihs LmA 
Prpvjost;^ tequestJJig thai: ^ ftrof^mQ9§i gentleman, wl^am 
hp iiained^ Wgbt be ^Idw^^d flcft^ ,tQ him, for tbe.puipcisa 
0f,.oppe fpr ^ giving <^0pgb bim an i^uAbwti^led oog^ 



212 WE0T ^DRT HtJftDEttS. 

. The public autfabrities appear >all alo»g to bave been 
actuated by a decided reluctance to disclose to the public 
. afiy thing connecti?d 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 toofieial 
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 unneces- 
sarily .excited^ 

TbWN-COUNCIL OF EDINBURGH, 
WEDNESDAY, JAN. 21. « 

The Lord Provost stated to the Council, that they werfe 
perhaps aware that a written application had been made to 
biin, signed by Burke, the individual at present under 
sentence of death, for permission to be visited by a Writet 
in town, to whom he was desirous of making some disclo- 
;S^ures regarding the crimes with which he had been 6on-' 
ja^cted, and that, acting upon the advice of the Lord Ad- 
vocate, he had deemed it right to refuse the application in 
question. — That advice had been given by the Lord Advo^ 
isate in a letter, which, of course, was not written with the 
view of pubUcation ; but as much misrepresentation had 
gone abroad regarding the matter, the Lord Provost deem* 
ed it right that the letter should be laid before the public^ 
that, they might know the true grounds on which the re^- 
quest had been refused. His Lordship further stated^ 
that he had waited upon Burke, and explained to him th^ 
leason for refusing access to the individual whom he bad 
mentioned in his letter, and by whom that letter was wril^ 
ten, though it was certainly signed by Burke — when the 
unfortunate man mentioned to the Lord Provost, that- he 
vras perfectly indifferent as to the matter, and that he did 
not conceive that the narrative of his life, which the person 



WEST POAT MVRDKKS; 213 

uteady mentioned IukI wished to prepare fin: pubticatioD, 
wks of a nature calculated to interest any one* The Lord 
' Advoesate's letter is t^ the following tenor :-^ 

** Edinburgh, January 15, 1829. 
" My Lord PaovosT — I had the honour to receive your 
Lordship^s letter of yesterday's date, transmitting a com- 
munication to you from William Burke, which is here- 
with returned. 

<< Your Lordship is perhaps not aware that, on the 3d 
instant, Burke intimated to the Sheriff, through the Go- 
vernor of the Jail, that being harassed by inquiries, he 
wished once for all to make a full confession of every thing 
he cquld 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 com- 
munication, 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, con- 
sistifiig of 19 pages. This declaration is now in my pos- 
session, and I sometime ago sent a copy of it to the Secret 
tary 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 im- 
petrated from this man by irresponsible parties, with the 
avowed object of its publication ; and that the proper an^ 
swer for your I^tdship in return is, that Burke havin|^, 
himself most properly already selected such a mode of 
making his confession as was best calculated to secure its 



. il4 WEST eOET MJGKDdBffiS. 

jttcuracy, :a]id to render it traily jMithcstic, n» defriaiAiD 

from tliat mode of prooeediDg can Doir be saootioned ; but 
that the Sheriff will wak upou Burke, for the pnrpon.^f 
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, fcc. 
(Signed) « Ww. Bab;'' 

*' Right Honourable the Lord Provost 
of Edinburgh^ &c. fee. kc.** 

It is difficult, however, to see how -<< it is of impor- 
iance to the individual himself, and to the pubKc, that no 
isecond statement, which might be contradictocj of, or in- 
consistent with, the first,** should be given. To ''ttsil 
seems of great importance, that aR he is willing to confess 
ought to be received and given to the public. So far^rom 
liis wishing to remain undisturbed, it is at his own request 
conveyed in a letter, signed with his name, that that per* 
)aiission 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 aocoant, 
and more minute in its detuls, that he was desirous of 
bang troubled further in die matter. It is not an impos- 
^ble supposition, that the declaration the Sheriff received 
IB alti^ether a tissue of lies; and is the immaculacy of it 
stilt to be upheld, and aD 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 dtfferenee. It is only in 
as far as this object is conc^ned that the -poblic cares u 
straw upon the subject. And if the Sheriff's document is 



W19T PORT nOSBJSSS; ^S 

. flfCHMfifd^d ' td be iintoedfotely publielied/ but is- to be 
shttt tip.ki the ftfchi^es df bi« office; until ^oine future S« 
Waiter Scott grcvbB it €mt^ and weaves for other generHA 
tions a romance of thriilifng mterest out of the borrilying 
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 funo- 
tionidFi^s' can feel in ctiiluiKjn with those who use the silly 
euUi ^^^^ the pubKc Mind may be contaminated by an ac^ 
eduDt of bis crime. The public mind has been, and is 
stroniigly excited. Some infbrmationf the public requires, 
sad wifll get, and it sutely is better to have a correct and 
ambeatic statement than garbled, and exaggerated reports. 
Wete k a d^stail of the clever tricks c^ an ingenious and 
adrait rogue, there n^ight be some co^oor for the above 
opinion ; bm do one i^ likely to be so enrapfiuved with 
Burke's narrative as to engage vtk such a i^volting traits m 
imitation of him. ^ 

JBtkt while their Lordshiips have been deliberatrrig upoii 
ihis' subject, and ultimately resolving that be should not 
be it!(owM to gfve' an kcioutii to any but themselves-, 
the poor nian has been confessing all the time ; and it ii 
well known that several hare had access to him, whose 
Abuthsr ^dhdt be stopped, and whose pens have not been 
idle. 'We are assured that riot one, but several " authen*^ 
tic coiifesteidns of Burke*' will be made public ; and we have 
reasidn to know, that a duly authenticated one wiH appear^ 
wbetber th^ Lord Advocate^s be published or not. Whats. 
ever is iiiterefsting, mt leaders may rely upon receiving. 

Fbf ffcd pra^nt, with th^ ex<%)p€rim of the faflo^ing 



i 

if 

I 

» 

f. 

i 



21A VEST POET MURBSBS. 

<< 'confessions'\ wbich first appeared in the ' Cakdoniaii 
Mi^rcury^. and which, lye are as^^ured, are perfectly authen- 
tic, we wiir leave the uxifortiunate man until the last act in 
|he singular drama of his life closes. 



( • 



CONFESSIONS OF BURKE. 

V .The information from which the following article, is 
drawa up, we have received from a most respectable: quar- 
ter^ and its perfect correctness in all respects may be confi- 
dently relied on. Iii truth, it is as nearly as-possibie. a 
Strict report, rather than the substance, of what pa^edat 
an interview with Burke ; in the course of which the on- 
happy man appears to have, opened .his mind without 
reserve, and to have given a distinct and explicit answec 
to every question which was put. to him reki,tiye to bis 
connection with the late murders. 

After some conversation of a religious] nature, in the 
course of which Burke stated that, while in Ireland^bis 
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, 

V 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 ex- 
actly know; but that becoming addicted to drink, fiving^ 
in open adultery, and associating oontinually with die 

moat .abandoned characters,, helgradwlly became 

1 



He wis ( %heh . ^studj ft^^v* tertg bes b«<i IHft . eggf^^. jppi 
this murderous traffic. To which he answerdCJii; f^- Wfi^f^ 
Christinas 18^7 till the murder of the woman Docberty 
in QcAob^if i^^tJ" ^M^w mfinyt p^^B8^,b|iire yo^rmur- 
deisd; ep b?en ©on^§nl^.i»^roiw4wngi njiHring'that imi^f 
?W5ci?e they thii:ty \^.B^\ ?'< « Nqt ^q ^i^py ^ WV^W IPftny, 
I lEissuhe y6u." ^ How maiiy' f " ,JJ(e a»piqre4 ^tefti^io^ 
lacHfi ;i but the /insvier was, for £^<r#fi^q ;p^rf<^t;ly ^\^^f^p^ 
rj'4 not comtounicoted 1(0 u^5 4ad. res^^^ifor a 4Mfer^|: 

^iiaHcjE. •/ ' ' '. ;, , 

1 •'•',.. ' ■ - ' ' . .: I ' 

■' 'f* Had ydu anyy <lcmnptioeA?" <* N<«j9'b«»t H^n9< W^ 
Blnmyn fook oair^. when we were gfi&Pg to copi^it 4i(niuncl^^ 
that no one else should be present— that no p^f.cpvit^ 
swear *he saw the deed done. The women might suspect 
vhat 'WfrTMPere'iibouti t3Mt;i»^ 4l^#y»PHfe. tbQ9ft|au^i}fjjthe 
.my ^ji9n..wia wen^f gding tp 4o i^ . Th^y n^f^v^ s>^)^P 
boQimit any cxPtbe ikiiurtleffi . Qnp (xf ^h^:*9]^ufdfp» IWf^ 
don^ inlBrc^^giiOb'fl b(8ise« WbUe^ibeivas mU bfttil)ejEi?>w l^^p 
ttttiarped tba thittg w^aHnished, afld.lbe/bodypwtiqjpj^ 
box. • Brog^ .eytdently pftispe^ted st^tip^hmg^ fop l^.^]^ 
peieed inuch agitated, iind 0i^^r^4ted. u? MP'ta^k^i^^ 
tbit box/ wMoh Isue. ii«*jr4ijlgly did^. B>^t h^ w^s' jf^ot .ifli 
aiiyrway.eoncerned in itk. . : ' ; . j» /: '. 

if^You/baite^aUeady^toldimetb^tc yQb iwere'^ogpig^d W 
tbeisc^ attoqtiei from Cbtistmfts IWT \i\lxh9 ^d.Of Oi^^olb^r 
1828 ; were you associated with Hare ducing^) tbflit iiffi^ F'f 
•* Yes. We began with selling to Dr. — the body of a 
wmfpaxi^ who:. bad. died a.nalmral.dei^, m. Har/s^'^/i^ause. 
W0 got ten.pbunds^for aU After l;lu8J ir/et beg^Q. lhl^>mfM^t 

' ' * TM»iiEi4'iiiii^ttke, ft ^ifttfe tiieb04ybf«'QiiiQ;«*'^vili to tenkiKKbie pre- 
vious iremoir. ■' ^ ...i; 

10. 2 F 



£18 -iruif^^cnLT icuRDSkf. 

dierf , and A\ the r^t of the bodies lire «dld to* him were 
Miurdeiredi" ;• 



i f 



<< Iti vh^t place leere tbe»e mHitlert geiieriilly eonHhiU 
ted?* "-They wer^ mostly eotnmitted in Hare's Hocwc^ 
-which i^rias' t*ry conrcnitent for tHe jicii^s^, as it consisted 
of a room and a kit-chen. t)aff: Jatnie was murdered there. 
■The story told of .this murder is irtcorrettt* Hlire begm 
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 difiiculty. I 
'^ottimittfeiBL otte mtlrder in the country by myself.* It -was 
in faist barves^f. All the rest were done in conj unction 
with Hftre.** >'-:., 

' «< By What meansi were these fearful atrbcitiee perpetrat- 
ted P" <^ By siiflbcation. We made the perssons drunk, 
and then 'siiffocated them by holding the nostrils and 
'month, arid getting oh the body. Sometimes I beidthe 
mouth and\ nose, white -Hare went upon the body; and 
Bofiietimes Harie held the mouth and hose, wjiiiel placed 
myself on' the body. Hare lias perjured bimiself by what 
hie said at' the trial about .the murder of Udoherty.. He 
did not sit by while I did it, as be says. He was on the 
body assisting me with all his might, while I held the 
nostritis and mouth' with one hand, chokisd- her under the 
throat wkh> the other. > We sometinaeis. us^ a pUbw, but 
did not in this case.'^ ; 

' ^ Now, Burke, aiisw^r me this xjuestibn^^^^Weoeyoa 
tutored and- instrircted^i or di^ ydn'iCeceLvejhipts fmiq any 

* Hiifliaiaats «. nmtake, it wM Hftrci' who «wi|«iijt^0(i ^ mur4^ fdone, 
when Burke wu in the country. . . , . 



POUT M.Vftl>£K«. S}9 

ode^as'to die mode of i^oliHiiittiqg mi^rder ?'< ^^ No^ except 
fvem Hare. We dften. isppke aiboi)t it, and we ftgres^. tb^t 
sdfibcation was the best way, Hare s^id so, and | agreed 
witkliijEn; We genei^y ^^ditbyspffpcation.^ fQurinfor-^ 
mant omitted to interrogate him about the surgical ipstrU"* 
ments stated to have been found in his house ; but this 
omiasion wiil.be.suppKed.] ' •*.:.• 

if: I ' v' r/: .-•'*, ■ • \ ' . 

. : A« 'Did you reodire any fotieoiiragemeQt to coipmit of p^r*. 
severe in consmitthig these atrocities ?^' . <« Yes ; w^ were 
fireguently told .by Fatersbn . that ' he would Uike a^ i^^a^y 
tiodiesas vh could! get for him. Whed .^e gpt (Aie^ be 
alpwayk'tcMu^ to get move. There wa$ commoaly atiother 
person' w'ith him of the oame of Faiopoer. They generiUly 
pfVBBed us tb get. more bodi£!s.fpr.tbem«" r 

- . . . .'• J. . • . ' : •> 

' M Xa ^om were ^he bodied so nuii^da:^ sbldj^" m To 
Dt'.i' ' j'. ' j i i :W« took the bodies tp bis ropms ia ■ . . 1 ly 
i ■ ■ ! M ) and theii ynHi^ to' his bouse to receive the moQejr 



^rrthem. : Sometimes he paid ua himself; sometin^fis w^ 
(Weie^paidby his asststatts. No' qqestioiis were:^Vf^fis|c^ 
ss>tb the mode in. whijsb we bad pome by the bodies. We 
hoA M&itig to do but to l^avci. » jbQ47 at the roono^, fii^d 
'IfClget ^.mopey.^. ./.:'. 



: :J ' :'j /.' .* ' M 



et./'^< IMd you eve^^ ii|jou any acolusioni sell a body or 

-to .any* other lecturer in thja place V* ' f< Never. We knew 

'HOfOther.''^: ..:■.:, '• .;. • ' • ' "•. 

f^.You have heed a reaurr^tionifat (a^ it is calledi) I xtur 

.de78tsaid(?'^> - ^ 'ffo. 'Nditber! Hare nmr nlyself ^vbr got [a 

.body firom^^a ohnishyard, All w^ sold .were murdered 

save the first one, which was that of the woman (man) 



^hb cHed a liatukl d^tk Ifi Hftre's house. We begBLn 
Aat: oiir crffti^^ then 'fcoriiiwehced. -fPhe tictitns *re ee* 
ladled weiii-gfefte^ttUy- ddtrly periotii. TiiiBy could be 
ixibii^' l^yiy'diS^k^' df thto perfiODs in tb^ v%€u# of 

Such are the disclosures whic^h this w reached man has 
made, under circumstances which can scarcely ful to 
gl^ Ihebi w<^'^h€ ^ith the pubbe. Before a question -was 
]^iit 16^ him ^cm<56rning theiitlmeft he baid been engaged in$ 
he trtis' isdel^nly t^HnittilM 6f ' the daty inbumMnt upoii 
hi^ lAtiiat^d'iAfs M\i^ tobaiAsfa from bis mind «Tery fteU 
kig of MitstosiXf wmttd^ Hare, on account afi the jevideiiee 
Kr^h the latter gisct^ i^t the- trial 9 he wastMAdytbafe* a» a 
dying man, covered iHtoh'gtitk^ fttid without hope, exeept 
in the infinite mercy of Almighty God, through our blessed 
Red^emdr^ the £ib#d JifeCM Chrisli, fae^ who stood 10 inuch 
in^need <if ^giteli^sf^ vlivkt prepttre^ himself to seek it. by 
f0fgi¥tng- fVdk hisr h^iitt ttU whd Jittd ibnd him wFong; 
ttttd hd #a» tito^- emphatiisaUy adj tired to speak the tHitfa, 
tad i)'6tMdg Imt 4ke ItUtb, witbdm any attempt ^theF to 
{)alliate bis bWn ini^'uitieK^ 6t to^knplieateHdre moteA^ep^ 
iy tha^ th^ faidti \(i<|ii»NlJbfed TbttiS AdnONMiiBhed, tod thu^ 
warned, he answered the several iuterrogatoriea in ^h; 
terms above stated ; declaring, at the same time, upon the 
'wdtitKSi a dyibg man^ diat every tbing he ^faad isidd was 
truc^^ mud that he hiid In no reap^t exaggenitod at extenu- 
ated any thing, either from a desire to exculpate .Hare^ «r 
to spare any one else. The unhappy man is, moreover, 
p^hcify penf«elitf ^Ud'^-reftigned tahia firte. He never 
deiifdod hitnself <wtih aay hopes of eaeti{>e' or" of meicy . 
land bei0n0w«tccbhiingly (iitepaifiBg himself £or:«oiile8aiod. 



addTor.'x««ehriag ahaoIuiioiK. by a p^vu^ of such boiDks as 
his fi|>intJ(ial ^uid^s havie put iato his hands^ and by listen-^ 
ki|^with'the.j[dost- d^YoUt tttteiiticHi to their religions inh 
atanictiAnB^j vIBm fuily acknofwledges.t^e juftic^ of has sea* 
tento.; Bay^ heooiisidtos it to. some .QieaMure |is a blessingi 
theeartttnt^ of his hppnNusbiag.late bavii^ brought, back 
Jiifi ifciiiidjid a sense of religioii^ from which ^t had been )opg 
ajitfiangeliL At<fiffBl hd expresiied desep regret that Harei 
wbas^ gUikiiaieondeives as.of a.aftiU deeper dye than hi^ 
anrtoyishbuid ihave aacaped the Tengea/noe of the law ; but 
l9lj^tlir.«aBeftifiil8Gffai& spiritual tabnitor^^ who h&ve been 
iadfi&tigabk 'm,lheiv.tBmis ta. impress him with a stropg 
acbsecf the dreadful e]iojrmil7.fi£.bi3 own guilty as well as 
MibliDg bim to a right fr4iiie and tamper of iHkiody he no 
|«Bge^. ^iirea: expression > to sucb Jfeelingi^, and now otily 
brebthesa %dah to dieal pbaee with all tna^ikind^ As oft^n 
as the sui]gebt of the late tiial is. mentioned, howeveri^^h^ 
-m^Ter fails to assert that Hare perjured himseJf in .the ^c- 
caunt begAYe tA' the niurder bf the) woman ; rep^itiog. %h^ 
etatamelnt iie havb already giv)en9..tbat| so &r from sitting 
hfj a:cdoljand /u^Gtmbemed . spectator of the erio^e^ HaTe 
aetivfiiy iasbted in the cbmrnis^iodi bf it, and Vr as upon the 
b6dy:6fitiieniram^ co-operating with himself ia his effects 
to sti»Dgk her.. 



PJfcEPABATIONS FOK THE EXECUTION- 



f. ' 



We are BOW.: drawing bear a terminiutibn of the earthly 
career of the wretched man who has lately occupied so 
Uf^^pie^ in tbe pUblie mind. At the time that his 
atrocitiefir Were HHt brought tb light, a deep and genera^ 



2^2 wssT PQitT MtrUiXaHS.' 

seDsatk>n bf horrolr ^Hd :aftO|tii&lHn^tii mk^ pvbdireed. Tbe 
fresh dbelosure of niw crimen 'Which were'aniiouiKted (rmd 
day to day, kept 'alive thk feding, until iatilHst'it/iriiB 
ifotindupno a pi^ch of- iolierest witich caii scarcely beithsu 
^ned. AH elastos^ '^emc^ akuated by acofavmoa fieding 
of indignation against tAe ruffians, wh(>'Cauld perpetrate 
mth enoifmities ; white the disappoitittnent of > tbe public, 
that the vengeance^ of the lawt^ad hiihferto overtikea on^ 
one of the murderous gang^ was Btrongly eapves&ed; TbeR 
was ln£it)ifested,' at the satne time, great fialisi&ctibii.ttHit 
one at least of the miscreants^ bad notalso^'eseiqied'bni 
merited fate; and^ as ll|e time^appouitedifor^ biiexeea^cni 
drew near^ an universal interest was exhibited) to. kara the 
progress of the prepar«(tion^ and the state of min4 of' tbe 
unhappy man. * The magistrates- and autborities^ bo wcmr, 
seem purposely to have adopted a lino of conduct calcu- 
lated directly to disappoint the very. natural a'nadety so 
unequivocally exhibited ; and up to the niometit.wbenvbe 
appeared on the scaffold, all knowledge of what -waapassii^ 
was withheld, and all aCQSss to tbe. condemned cell or to 
the Lock-up-house denied; while those,. whose! dutj .i«r 
quired that they should foe brought in coitaot withvBuvke^ 
were repeatedly cautioned against divulgingvsuehi intelli- 
gence as their situation might enable them-toiobtaiD. So 
rigidly was this injunction enforced, that one of the turn- 
keys in the Calton-hill jail, an individual who was very 
generally respected in his station, and who, we beUeve, 
heretofore conducted himself with much pcc^riety^ has, 
notwithstanding his previous character, been dismissed for 
revealing isome of the secrets of tbe pi-ison^^heuse^ : .' 

In despite, however, of all this well-preserved; mystery^ 
§ome particulars pf the \ast hours of the 4cp9)ed map .l^Vje 



WMV POditT MUBDBES* SSS 

jUa^mpirod, and we now are enabled to' lay beSdiie our 
joeaders an acQoUnt) as complete as it can be made, of the 
avrf al oereiDOQy which. teroiin^ed his mortal existence. 



REMOVAL TO THE LOCK-UP^^HOUSE. 

At four o'clock on the mortiing of Tuesday the S7tbV 
(the day- previous to. that. appoiiKed for the execatico)^ 
Btirke was taken, off the gad^ and conveyed in a coadi from 
the Galton-hiU Jail. to. the Loctup-house in Libberton's 
Wynd. The time was pUrp^s^ly fixed at this . unusoal 
hour 16. ;|sre.vesit. aay annoyance from the crowds whicji 
wwikl undoubtedly have, assembled bad it been delayed to 
k .later time .of the day. Fit>m. this, cause, the only persons 
present, and indeed the only indiy idu^s acquftifited wjith it, 
except the ^coachman^ were . Captain Rose and one of hi» 
assistants. The criminal wns Pitrdngly ironed, and 9epiired; 
with shackles of unusual magnitude and strength* 

He maintained on this trying occasion, both im.n^ 
diately before leaving the jail,'and during the time he was 
ia^ the coach, the same, cpmposiire of ' mind wbifih k^ has 
diiqfdayed ever aince his convkitioQ. . ! ; . < 

On reaching the Lock-up-houses he was supported, into^ 
it in a slate of extreme esbhausti^n '^ so muqb so, as tp lead;^ 
some who witnessed, it to imia^e that tfie gsUows might 
stiU lose its :des^rved viiotim>'by his dostb ta^i^g place 
before the neafit 'morning. .. 

• . > * •• • 

In the course of the last day of his existf^nc^, his conu 

posure or insensibility still continued unshaken, excepting 



924 WESK! PORT MtTRlftfefllf. 

wh^n the dead-clbthes, a suit'of aetbksy- ireipe {>nS«en^ I6 
hini.' ' Oil receiviifig them h^ He«hibit^d'<de«p :i^ftiotky#, 
and by his own confeesioti be felt iti Wd haPi^ IM^nCioWi 
ed before that his thoughts had been frequently occupied 
about the dress he was to appear in. He remained per- 
fectly unmoved, with the ^xeeption of this trans£^t indica- 
tion, throughout the rest of the day. In the course of the 
(Nys his< was Visited by the Revt Messro. ftetBunctdiewiurt, 
Oaifholie priest^, and the B^v. Mr. Marshal}, whom- h$ 
i^uested to attenij him to the seafbid, aa ^1 ao the 
Aev. Mr. f^of-teous, whiob he prairiised (oda^^-Ha saldto 
tkosii in* attendance that he b|id ponnnitcad no tn(N*e 4Q(inL 
d^s than this^e ' Whidb wev^ 09fflpt4sefd"in tbe^ 4c<^i^tiofi 
h^ foiacie toithfe sherilPfiinoe Ms cotivictidn. 'iFbr twi^iov 
three nights pi^eviousiy, he had enjoyed soiiiid '«te^p^ aiidl 
il; is'eKtra6#di«firy - that sluek 'Mw& bis atatd '«# ^^nggM 
tTanqniliity, that \m rfest \?as sound andinibrokeDvfdv five 
houts, frcitn l^uesday nighl to Wednesday morning. This;; 
we beiiev^jrhas however -beep dbiew^i'to kfe Arequedtly 
the case with criminals on the evening previous to execu- 



V* • I 



At lerigth, he manifested 8oitie1»|Mitianeeroi( theavri^ai 
of the time when he wasCo lea^t^thisiworiilk In^fae |Kn|rs^ 
_of the night, he said with much apparent earnestness, 
c^Oh that the hour were- conip whioli is to ^pamteme 
from the world !*' ^AbouC hal&past five o^dboir on' Wod^ 
nesday morning, he expressed a desire to be relieved from- 
Mschaios^eomplaimng^nKt^bcff'th^ wieight of therm Tid» 
desire was readily complied with. - Ho held out bis- leg to 
the smith employed to perform^ this service, and when the 
fetters fell from his limbs, He exclaimed, turning up his 



■J 
t 



WEST POAT MirKD£K«. 22& 

ejes towards HeaveiH '* ^ may all earthly chains falk 
from me f" . 

About half-'past six o^clock, the two Catholic clergy- 
men (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 QDnstderable time, 
with him. 

. • •• . / 

At seven Burke walked with a firm step into the keeper^s- 
room, followed by hrs confessor; and -at this moment iio> 
appearance of agitation or dismay was discernible in bis* 
oouDtenance or manner. He took bis seat on an arm 
chair at the side of the fire, and twice or thrice he was re-^ 
marked to sigh heavily. There were present at 'the time' 
Bkilies 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 Caltopbill 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-Messi^s.' 
Reid and Stewant followed up their prayers with some se- 
rious exhortations. In the course of these devout and 
pious admonitions, Mr. Rcid used the words, « You must' 
trust in the mercy of God ;" upon wh^ch the unhappy 
wretcli heaved a long, deep-drawn suspiration, or rather* 
suppressed groan, wbiich too plainly betrayed tbe anguish^ 
and despair that lurked about his heart. He seemed toi 
have pi secret feeling that he was too de<^ply sudk in crime^ 
to be entitled even to hope in the infinite meroy of Hea-^ 
ven : his mind ackndwl<^dged the truth of the observatlQii^' 
10. 2g 



32flf W£ST POAT MiritDERS. 

yUfhUe his guilty and perhaps dwakened constieiice - bade- 

him doubt of that mercy being extended to himl . 

What is somewhat singular, he exhibited liB ehiotioh'on 
the eiecutioner making hisa{^p^arance. . After thia|[)^rtioii 
of his. religious exercises had been gone through^ he was on 
his way to an adjoining apartment, when he wisiii acdidentiy 
met by Williams, who 'stopped him rather officiously ; ujioia 
which he said, " I am not ready for you yet." The exe- 
cdtioner followed him^ ahd iA a t^ery shorit titne both te. 
turned, Burke with his arps tightly piniobdd behind his 
back, but without any change in hid demeanour. While 
Williams was discharging this part of his duty, no con- 
versation took place ; indeed he rather appeared disiaci'm- 
ed to hold conversation with anv* 

\ 

He was then invited to take a glass of wine, v^hich he 
accepted of, and before putting it to. his. hps, bowing to 
the company, he drank '^ Farewell t6 all pf-ei^nt, and the 
rest of his friends." He then entered ihto cohversation for 
9 few minutes with Mr. Marshall and Mr, Porteoiis upon 
religious subjects. The Magistratjes, Bailies Cricbton and 
Small, who had previously gone out, now appeared in their 
ipbes, with their rods of office, and Burke took the oppor« 
tunity, before he went forth to meet, his doom^ of ^xpreB»- 
ing his gratitude to the Magistrates generally, md parti-, 
cularly to Bailie Small, for the kindness hp had experienced 
fj*otn them, as well as from all the public authorities He 
Ukewise . made simUar acknowledgments to Mr, Bose^ the. 
Governor of the Calton-hili Jail, Mr. Fisher, the Deputy- 
Governor, and Mr, and Mrs. Christi^^ who baVe the oha#ge 
pf th^ Lockrup-hou^i fpr their iinremitting and kind au 
tentions. 



wKsx POST MuiioKms. 227 

Pted^ly at eight o^cIock, Burke was upon his feet, 
a$ if eag^r to have the ceremony proceeded in, .and im- 
mediately after the melancholy procession began to move 
fp\^airds the scaffold. He was supported by the two Ca-^ 
tboUc priescS) more from the difficulty of walking, owing 
Ip.the circumstance of his arms be'mg pinioned than from 
^9y inability, or any faltering in his steps. When proceed-. 
HXg up Libberton's Wynd, he seemed perfectly cool and 
^^Jf-possessed, turning from side to side, and conversing' 
with'tthje Rev. Messrs. Reid and Stewart, and the Rev. 
Mr. Marshall In crossing from the Lqck-up-house to the 
poi^l^n entrance in Libberton^s Wynd, to where the path- 
MT.ay was wet from the rain and thaw of the morning, be 
W9^ obs^ryed picking hts steps with the greatest carel 
When he. arrived at the head of Libberton's Wynd, his 
face had an expression of wist£ulness and anxiety, as if he 
w.ere uoensy and uncertain of his reception from the mob, 
and be hurried on with his eyes half closed, eager appa- 
rently to bring the fatal scene to a speedy close. 



OCCURRENCES ON THE STREET. 

We will now advert tp what was, parsing iu the mean 
tijnae out of doprs^ Here fortunately np individual " dress- 
ed in a little brief a^thority'^ could interfere, to prevent all 
the. circumstances from being transacted under the public 
ej^e, or from the press, causing the knowledge of them tx> 
b^ widely extended far beyond even the countless multi- 
tudes who tl^pnged apd blpcke^ up th^rHigh Street. 

On Tuesday many anxious spectatori^ were collected 



n. 



228 WEST PORT MUEBXRS: 

near the cwdinary place of execution at the head of Libber- 
ton's Wypd, and the thoroughfare was kept up, notwith- 
standing the inclemency of the weather, during the whole 
day. The preparations conunenced at an «arly hour in 
the forenoon. Holes were dug in the pavement for the re- 
ception of the upright posts, and a space surrounding the 
place which it^ was intended the scafibld 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 
cotnmenced. Its progress was watched by a great many 
eager beholders, although the rain still con tinned at inter- 
vals to pelt upon ihem. 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 appa- 
ratus and dusky countenances of the workmen, added great- 
ly 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 ex- 
hibited 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 dis- 
persed^ some few having delayed their departure until they 



W£ST PORT MURDERS. 229 

witnessed the fitting, and adjusting of the rope. It was af- 
terwards removed, and replaced shortly before its services 
were required. 

-' /-' . ' 

' Liortg before this time tbe closes and stairs near the spot 
Wer^ 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 com- 
fortless lairs they had chosen overnight 

A consttant bustle was also kept up by the arrival of 
those individuals, whb either from favour or for money, 
bad 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 for- 
tune 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 incesstmt rain must have contributed greatly to pre- 
vent any very early assemblage. As the morning advanced, 
however, groupes 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 
mid 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 
^hich kept ofi^ the crowd. The space left free was larger 
than is usually reserved upon such occasions. The Police 



^30 WKSX PPRT MURP£:itS. 

t;p4ertl^ conduct of Captain ^fewUri arid faSs LiefntcBiantt^ 
Their services were ^^t in a ^plitarv ilostaDce 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» atid instead of tbeir osiial 
animosity against t^^ police officer^ being displayed^ in 
futile attempts to a^noy pr retard them in the execution 
|g^ their duties, one and all of the immense assemblage 
yfould ^.iUiinS^y ^^y^ ^ne any thing in their power to 
aid the officers and fur^l\er ttw arrangements. 

• FroD^ s\y^ to 9eyen Q''<:Ipck a great concourse thronged 
every avenue Xo the High Street, and the numbers pour- 
ipg, aln^osi; rushing into it from every quarter, gave the 
^mediate vicinity a veiry busy and animated appearance, 
^mopg the arrival^, there were many whose appear- 
aij^^e betokened that they did not belong to the usual clbA^ 
who attend such scenes. In this number were include^l 
many well dressed ladies, who by and bye made their ap- 
{i[ear^i^;e at t^e widdpwjSi of the lofty and sombre looking 
lands in the liawnmarket, as well as those of the county 
UuUdings, and gave an unexpected variety to the fHctur- 
esqLUe scene. We understand that windows comm.andrhg 
a view of the place pf execution were eagerly inquired 
2^'ter, and engaged aj^ prices varying, according to their Io« 
cality, ftom five to vbirty flhiliingR each, while some. who 
had engaged a window retailed a view at the rate of half a 
Ofown a head* Thi9 great Qun^bera who were constantly 
arriving up, before seven o'dbfk seemed principally to dis-' 
per^^ themselves in. tbis i^aanner, as no very sehsible adidi- 
tion was n^ade tq the tnass up to this hofir* 

I 

. Abput six o'clock the weatbjer had beqome le^s incUmenit 

and though it vfs^h a, co^d rayr dMgre^ftbl^ movningt, the 

6' 



WESt l»bllT MtJRiiERi. ^M 

Ihowora were* only, piiptlal' dttd less- violent thaii tHby lifirfl 
been during the nigfit. AJftWr severi 6^clo«ck; whfeh the raM 
almost entirely ceased, the crowd became rapidly larger 
knd ipore dfen^e, iind ttteiit ei^ht 6'tldck Ifie area bontkin- 
ed between the Wbst Bow krtd the Trbrt Cbtti-'cTi; prfeienfc 
?d an aspect 6f SUitih at\ irtin^ensfe kind ddifeHy t^etlgied mask 
of human beingk — sucb^^ HfviYig dnd movlrig sea of iin- 
counlable taiultitudefe iti^^bul'd very seldoni be Withcfss'eyv 
8iid we simuid suj[ypose has n'ever beeit Icnbwn oh d si- 
milar dccadibn, or perhips' ott Any other In the city, 
excepting perlM[id nt the tcltig's visit. All along the 
itreet the pepple we^e packeWI mdre closely than feoljld' 
have been conceived, and as far as ihe eye- couH reiiclr, 
every vantage ground that could" command a view was 
thickly studded. In the iihblfeldiAte nelghboiirhodd' of t'he 
fi»cafibld, looking dots^n wards; the crowd presented a dark 
Appearance frt)hi the great proportic^ii of males who com- 
posed it, but few females, much under the number that* 
usfiaily alt^tods on ^ifcnilar scenes wer^ present. Farther 
out^ however, where th^ ^ressiire was not so great j the 
psua) proportions of the sexes feeeinied to be more nearly' 
Biaiiiiained. Some few ffemiales were sprinkled even in tHfc 
inofet dense parts of the cl-bwd, arid theit* sclreanis and tin-' 
availing efforts td extricate tiiemselve^; sometimes- giavesr 
paitiful interest to Iheii* appearance. We noticed oiie boy- 
who >Vds with great difficulty preserved frbm bring triiinpiled' 
under foot. Aiiolher unlucky ybUth had by ^oine chance' 
got elevated above the he^ids of the crowd, arid cut k gro- 
tesque figure as sprAWling on the i'6p of thfe liia^l^, he WAs" 
tossed by its inovements from side ^o %\\ie ^ at la^t he ws^^ 
ca$t up against the houses and i^ecured a more stable sla-^ 
tion on a kmp iroii. At the mox^edent of any pan of th^: 
mob, a cor^respondent 6nd i^imi^ltaheOus motion seemed to' 
be imparled to it in nearly all \i^ parts, dnd some dttioit 



988 WBST FOKT 1tfp&I>£B8. 

ooDtinuatly happeoing, imparted an appearonoe of m vaat. 
substance continually waving to and fro. 

r 

« 

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 ideao{ 
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 ^igh 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 super- 
ficial 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 thou* 
sand 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 th6u«- 
sand additional for the crammed windows, and those ad- 



WEST ;TOXT. umiixEKsr Wi*. 

Tenturous individuals who occupied the house tops. In 
all^ we arrive at the enormous number of thirty-seven thou-* 
sand persons. We do not give this calculation as strictly 
Qorrect. . It cannot under these jcircumstanoes ' b& sof «Uut 
we believe that it is nearer. the. truth, thaii any guess,/andr 
that the whole number jappcoximated more nearly to {Qxiyi 
di6usand souls, than to thirty ■'five thousand. . j 



This immense multitude pceseatedcertainly.nolhing. of; 
the appearance of having come for the purpose of witness^ 
ing asad solemnity, and diffeted very; widely: in. demeanours 
from that which is usually exhyi)tted..by the spectators of 
an execution. In ordinary cases, a great degree of syxn^* 
psthy for the sufferer is usually manifested, and ieveh in 
tbe worst a respectful and solemn deportment mobsbrved^ 
as if it was recognised that they were met upon a melancholy 
occasion. In this it was totally different. . iEvevy. coun- 
tenance bore an expression of gladness thatrevexige was so 
near, and the whole multitude appeared more as if they 
wsece waiting to witness some li^lendid procession or agreei^ 
able exhibition. Rude jokes and puns . were bandied 
about, and any opportunity for fun and frolic to while 
away the time was immediately seized upon.* !£:ven the 
vdisagreeable. and almost suffocating pressure was borne 
with equanimity, and the glances that were cast at St 
■Griles'' 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 unc6m«- 
-fortable situation. . a 

.. .[Eight o'clock. at lasjt 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 

10. . . 2 H 






SSI VEST rOBT INrBOS&S; 

THE EXECUTION. 

We left the cortege proceeding up Libberton's Wyod, the 
vindows of which were also filled with spectators. Wheti 
Bailies Crichton and Small, who were foremost in the pro-^ 
cession, 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 jomed in by 
the whole mass of spectators. When the cul^it faimselF 
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 ^< th^ mur^ 
derer ! Burke him ! choke him, haiigie !'' and other ex^ 
pres^ions of that sort. The miserable Wretch, who looked 
thinner and more ghastly than at hid trial, walked with a 
steady step to the apparatus of death, supported between 
his confessors, and accompanied by the Bev. Messrs* 
Mar^iall and Porteous, and seemed to be perfectly oool 
and self-possessed. 

When he arrived on the platform o£ the scaffold, :bis 
composure- seemed entirely to forsake him, when he beard 
the appalling shouts and yells of execration witii which he 
was assailed : He cast a look of fierce and eireik despe- 
rate defiiance as the reiterated cries were intermingled with 
maledictions, such as we have already described. His face 
suddenly assumed a deadly paleness, and his faculties apr 
peared to fail him. Deafening cries of '^ hang Hare too,^ 
<< where is HareP" << hang Knox/' were miligbtd with 
the denuneiations against Burke* 

His appearance betrayed conaderable feebleoei^^ wbe> 
ther from disease or emotion we cannot say* 



WMT ronT Mu&BEftf. 995 

He was dressed in the suit of black that we have ahready 

noticed, which was rather shabby in ai^>earaBoe. 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 

^ahoulder and chest; this proceeded from the dres% as he 

•was reallj 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, 

.atid we cannot give a better idea of the man at this time 

p^ those who did not see him than by referring to it, allows 

ing for thie colour of the hair, the- cadaverous hue, and 

:^me alteration which disease, confinement, and the murt- 

derer'^s fate, had produced. He wore a white neckcloth^ 

«nd boots which seemed to have lain uncleaned for a length 

pf, time in. some damp place tmtil they had become 

IQQiouldy,' 

i :It was precisely five minutes after eight o^cIock when 
dbey Ascended the scafibld^ Having taken his station in 
&ont 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 
^ form of prayer^ dictated to him by one of these reverend 
persons ; the position called forth new shouts and clamours 
pf " atand out of the way," «^ turn him round." Mr. Mar* 
shall, in the meanwhile, offered up a fervent supplication to 
Heaven in his behalf The bailies, and other persons on 
the platform', stood rpund and joined in the devotions, with 
ihe exception of Williams the executioner, and his assist** 
Wt, who kept, their station all the time at the back of the 



<S9B W£st fOkT MULDERS. 

dft&p,' ' Dmitig 4b^ prayer a partial ^iyoce was obtiuiied, 
alUiougti there was ^ill.con$Vderable<;dbfCision anduprodt^ 
Wfaich'Baili^ Small in v^in endeavoured to i^pre^s, by- turi»- 
jfig repeatedly and \^aving Hi:^ band. Mr. Marshall'6 
prayer occupied Exactly five minutes, when he and' the 
•others^ excepting the Catholic clergyman^ retired from 
ai'Ound him, Barke arid the priests still' contkuing t6 
kfieeL . Hi& prayers seamed to bd very fervent, and he 
mentioned to one df the priests,' that he died in the full 
tstsorance that be wduld be saved through the mediation of 
<H3rr Saviour. 






'> -WHeft he ardse from his kneeling posture, . h<E» was ob^ 
served to lift a silli: handkerchief on which he had knelt^ 
and carefuny put into his pocket. He then cast his eyes 
upwards towards the gallows; and took his place on the 
drop, the priest eKipporting him, though he djdnat' seem 
to require it from any bodily weakness. There wad some 
liesitation displayed in- his manner, as if loathto'isioiint; 
one of the persons who assisted him to ascend, having 
rather roughly pushed him to a . side, in order to place 
idih exactly on the drop, he loolc^d round at the tsati Jwitb 
a: withering scowl which defies all description. White 
ih^ executibner, who was behind him, was proceeding 
-with his arrangements some little delay took' place, from 
:tlie circumstance of his attempting to unloose the haiid-^ 
kerchief at his breast. Burk^, perceiving the - mistake^ 
said, ^< the knot's behind," which were the only ^ords, not 
•ck.VQtional, uttered :by him on the scaffold, and tfaednlj 
time he spoke to any one excepting the priests. 



fi 



' When the hangman succeeded in removing the neddclotfa^ 
he proceeded to fasten the .rdpe rouiid his neck, wbich^ht 
polled tightly, and after adjusting it, and atffiKt»gcit^co,the 



% 



takat on Aer ^tat^. 



FabliA^ bj3%mat fvJantl Jan rSdtn^ury^, 



WJEST PORT MU&DlCBS. HtS 

gibbet, put a white cotton night cap'tipon: hino^ but intb^ 
out puUiiig it over his face.: , 

* • • - 

. • • • . - • ■ . 

. While this wreI going on, die yells, which had been almost 
unihterrupted, became tremendous, accompanied with cries 
of . " hang Hare too;'' " where is Hare." « Burke the 
I ■ ■ ' , do not waste rrope . upon him ;"' << giye him no 
rope.'' " You ■ , you , will see Daft Jamie in a. mfc 

nute." He seemed somewhat unsteady ; whether from 
t^i^of or debility, we cannot say. 

. > 

The Rev. Mr. Reid then advanced, and conversed idith 
him Portly, but earnestly. It was then, we presume, that 
he diirected him to say the creed, which he did. . 
(.. > ■ 

His countenance continued to present a death-like paldo 
ness, 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 
s6i!ne little difficulty, this part of the fatal preparations was 
also coioipleted. ' 

• When every thing was ready, and the assistants with- 
drawn, he uttered an ejaculation to his Maker, beseeching 
mefrcy, and immediately gave the signal, throwing the 
handkerchief from him with an impatient jerk, as violently^ 
as: )}is pinioned arms would permit, and was instantly 
launched into eternity. r .- 

Before- his removal from the jail, he had said that he 
would make short work on the scaffold; and, though €vi«» 
dently disconcerted, and his ideas scattered by the appalling" 
sh(>«its of the mob, he kept his word. The whole pro- 






988 WEMIt POST M^RBBRft. 

ed^dingsb9:tb0ife»ib}d.'Obit]|n ten nimmtcss^ Mud 

precisely at a quarter past eight o'clock the drop fell. The 

fa)I was very slight, and certainly could not dislocate his 

iandB. it was nearly so i Impexiceptihle^ that at one instant 

be6eebied standing, and engaged in an active operation.; 

Ml- the next; with almost no change visible^ he was lianging 

helplessly suspended only by the cord that wtLs satEptit^^ 

liini.i' . f- •- i ' 

ft • • . ' 

lll'>«4..>^. ,- . ... .1.. L.« _, , > 

Though no sympathy couldbe fekibr,suoba^espkaible 
and cold-blooded monster, it is still a fearful sight to wit^ 
riesir deatfe snatching his victim with such circumstance. . 
If Ally feeling of pky could be aroused by this^ it most have 
been heightened by the terrific buzeia raised :at' the momeiU 
he was thrown off, and the populace saw their enemy io 
the 4^th straggle; 



^ One universal cry there rushed. 



Louder thaii the' loud ocean^-IijLe a'cra^h 

^' ' • (Of ebhoing thunder.** 

;'■./,".: 

lA^U.Abe.Tast multitude th^re. was no^ mwfested poe so^ 
litary expression of sympathy. ^^ No one s^jid, God blei^ 
him ;" but each vied with another in showing their exul-* 
t4tipii by shouting; ctappip^ of ji^ods, aiid waving of.b^ts. 



/, :Tbis :m»M<?r8fJ cry of satiated yengeanoe fot blood as^ 
e^iktkgAQ h^J^y&ji^ xmg tbrpugb th^. city, and we are 9^. 
sjAx^ wflts di^ltiniBtJy beard, by. the. astpnisbed eiti»ens in its. 
piost remote streets. Never perhaps was siicb.a noise.oC 
triumph and execration heard, and we may safely say nev 
Y#r jW fi ri^il4r :0cpa&i<?ft»^^ It was followed by ^ taore .jmut-p 
ti^ aj^d sftVfigfe.pry:<)/ *} Off with: tth^.qowl;;" « let us. see 
his f^ 5" mi Wapy appeared desirpu? of glutting tbeip, 
i»v«pgft by gloating 00 the difgusitiD^ ?i>e6la€k, oj bi3 di^. 
tprted featur^Sit 



WB»T PORT MUftmSSv JMC 

' The.iiiagietrates,. clei^jsii^D^.and ekecixtionenimiiiMu 
atelj upon the drop falling retreated from the scaffold^ihnd 
left it under the charge only^of about half a doaen cid^nnoffi- 
oers, who walked about to keep them from the cold, and 
looked as if they would willingly have followed the exam; 
pie of their superior! • 

There was nothing which could be called striiggimg ch* 
serva^ble on the now apparently lifeless body. It seemed 
as if, slight as was the jerk given by the fallj instiuitanaous 
death had been produced, although the neck could not 
have been dislocated, yet the body swung motionfcss fixt- 
eept frokn the impetus given by the fall, until abont five 
minutes after the suspension, when a slight convulsbne mo- 
tion of the feet and heaving of the body indicated that vii 
tality was not entirely extinguished. Upon observing, tfaia 
aootlier 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 
ieety imperceptible except, to those who were gazing intent- 
ly upon the body. Notwithstanding that the criminal wab 
now obviously dead, and nothing visible but His Wreliihed 
^caEcass hanging at the end of a cord, a disgusting spectacle 
of thd pitch of degradation that guilt and crime can reduce 
a huilDan being to, the popidace showed no disposition to 
disperse, and comparatively few left the place. Tbejr 
seemed to wait for the purpose of 'gloating their eyes with 
the spectacle c^ the last agonies of this objedt of thefr' im- 
placable 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 bjr 
the action of the Wind : The head also^ a0 usual^ Idati^da 






SiO WEST PQRT4M0Rl>£aSr 

little: to :oDe side, which added a more miserable chairacter 
to th^icene. 

At a particular part of the crowd a cry of " to Snrgisods' 
Square,'^ ivas now raised- by some individuals, and a large 
body detached themselves from the mas«r and pi*oceeded in 
that direction* The signal was not imparted to any otluer 
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 eo{)e with th^ party of policemen who were 
stationed there in anticipation of such an attack. Though 
•diey rempved frotn the thickest part of the crowd, their 
defalcation did not product a sensible difference in the ap- 
pearance. At this time a baker had the hardihood to. at- 
tempt a^passage down the street with a board on his head 
^and a few rolls in it, and, contrary to expectation, succeed- 
ed in accomplishing it. At one Itime his board was nearly 
icapsized, but an escof't of fellow tradesmen quicl^ly rallied 
-lound him, and guarded him «afely past the danger. A 
chimney-sweepei^ with his ladder was not so fortunate . as 
;the bakor, as his brethren probably did not muster so strong, 
and he had ta retreat without aceomphsbing his purpose. 
'With such incidents the mob were amused, while the me- 
lancholy spectacle was exhibited before them, and their 
laughter and glee continued unabated up to thor disper- 
sion. 

» 4 

\ 

^ At the time this was passing we observed a person 

Pressed 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 opposiite 

5 



tf<)!9%. ^ Tcim. iodtviditiii^ j^b^} sfiftoed^ «ft±ioti8. ioi tnndett 
bifnv^tf coospicucHis* by. proinptiiig'£reflbiebbUittoii»> of' dat! 
pj^pular . seotiokfAt, perseyered indefeligaUy. ini his; exark 
ti^na^ntil the body was: cut down; hut the Tengeaade 6£ 
the loob appeared to. ba Vie beea; 8atiat«i!imb^tfae:deatb()QC 
the critniaal, .and the*abou.t$, f}haugh.i»oewed>.at int^ftiiaJajt 
graduidljr became fainter and ikiutfen 

Afjtes banging a c<^0aidanib)e tiaie^'spmeiDdividual: fpom 
belo>y: the AcalToldv the iioder part. o£ wliicb wa&boxeduqibit 
tbie l-eccjHion of %he bodj wb^o h should be cut doii^ft,.gaare 
tbe.bQd3^a irUsl roumd^ butnoitM^ton^xcept .wHalnvas^thw^ 
giyen was oba^VMaUe. .From the, s^e piae^ wai htoicd 
^p. to. tbetQWiM&iedr^.an. Ihe platforoi shavinga aoai; dUpA 
taJfieoi Qttft of tbe^ rude odfiii underneath.. These vcsse hqU 
vp to,tbe popniaee, .and^ sonie. chipst throwi^ Qvei:. among 
them ;-*«€ODdAict which did. not appear/ Teiy deearous/ frani 
the offiQiaL. attendants upoa Mich a .solemhitj. -At fivn 
minutes to nine o^clock, Bailies Crichton and Small again 
came up Libberton's Wynd, still habited in their robes and 
with, thfit staffs^, but. did not ascend th^ scafljcdd. The 
e3(e6UVQoer.Qiiom»t«id it and imjtoediateJy commencefl low4> 
ering the body, which was done .by degrees and JsalJi^ 
leisurely. Again the people made the welkin ring with 
tiptisee.l^arty cljters . whe.iir tbey 8aw tbeic vengeaned jcom- 
p^l^, . A. few $f ie^ pf ^^ XiCt ua have biin iot tear 'him in 
{^eei^" wer^ h«a^^ hut there: waa no coloiK>foE wsbat has 
h^W .99iA in-a AeWispapfr account, ibait theiia appf avcd in^ 
dications of a riot to effect this. There was perhaps never 
a:t|the,. or a tiwentieih part;: of the same numJIier coUectod in 
JBdinhur^ w^ sbowie4 iess-disposiaka. todistuvb th« puh^ 
hjd pQ4c0«. .$0 £i« f ram th0 bold front of the pvliceroeii db- 
^fffHpg itoni fffo^t their. purpose^ the policemosstopd tall 
|;he Ai«ie with their backa to the crowd, and: wer bebeve^bfd 
jMitp imf tfifQin a fmf^ ittitance. Hadithf> purpose ofJthe 
Mob h«to eivi\y a«d iMid ^y aqled ^imnltaneoiiaty^no faold 
11. 21 



34S Wfisr voKf MuaDm&s« 

front of the detadittient of polioe^ though it win strcng, could 
have : pieyented th«m attaining their object : the physieal 
fiDVoe^and pressure of sncbamass would have overwhelmed 
all the officers present; But the crowd were in perfect 
^dod humocrr, and never was there one that thought lees of 
noting. Their d€»ire& were gratified — their- aqurations 
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 
mesmer, until the stxeets were* perfectly cleave^. :'The 
body was lowered precisely at five minutes before nine, 
o^clock, haying hung exactly forty, minutes. * Upoa its 
felling into the spajce> under the scaffiold, whfeh was boxed 
in, a scramble took, place among the c^ieratives for rdiea, 
ooasifdngof pieces of the rope^ shavings fromtfaecoffin, 
ftc. Sec. The body^ was placed in a shell and almost nnme- 
diatefy carried down on men^s shoulders to the Lock-up- 
hcmse. ... 

! . The populace, upon seeing this winding up of the busi- 
ness, quietly dispersed. All Wednesday, ho^irever, large 
gnoupes visited the scene. ' ..^ ; . 

- Instandy after the tragedy ' was closed, the men who 
nrere to remove the scaffi)ld and other erections appeared 
«nd commenced operations ; such was their celerity that 
by bftlf past deven o'clock all traces of it w>eiie rettioved. 

\ * t I • 

: We have 2d>stained in the foregqii^ adcount of the exit 
of this notorious criminal, fnun expres^ng any OfMnion up- 
4X1 tile very remarkable and unusual display of feeling 
iwhicb was. manifested by ^he Jmmens(e majority of the 
Isp^cUtors present, but have' contented .ourselves sim]ily 
'.vridi^deseribiiig. these ebuilitions along with the dib^iiMA^ 
jdenlts attendant i»i it, cooeeivuig that to our mttlsrs <wfco 



4i<i not viUfie^i^ tb^y. would, i^mi part Md:im^l:^C ^ 
trmwactioiiB) .ajre» aiic^ « .niop«- imporlwit : piirt' r titi^fi ^tli^r 
,«onp^ of tbe> aolipns of tj^e^l^t, or tbc» dk^ii^.of ib^ q^« 
jcials 'CDgfiged in it. No one wbo ivitneae^ die. uvifireeer 
.d^AB4 cpiykict. of ibe. oiqivrd, oould bave biodiafKedl rhiM- 
^If fcQBi, bei^g impr^fsed witb il : and a88|ire4)x W^ d^) 
.not survey it with infLifferoq^, w^r refraiq fiam 'fprming 
an opinion. Some of the journals who record suqb civ^^nM^ 
appear to have felt very wrathful upon the occasion, and 
fto iiaaire .iavisbed every term, of vitfifparatioii'. qpon'.^ilDtte 
.v^o^jOQifAuct ran counter to their fine dp:;9kwfi sentiiiitnf^ 
^ty; - We confess that we cann^. see ai^y r^a&W fQ^iillr 
•bulging in.s^ch c^oessive sensibility. It is npt' cu^lbMifhry 
jDfl^taii^ly isk. behave #0^; and this departure, fr9m;the eV^ 
^uette of an eKCGiitiop ispcofciably wbathasshooke^ tba^; 
but then we most recollect . that ordinary e)i;^cmtio9S ay;^ 
«ery ^ii^Bi^nt things from what this wasj a^ that in them 
,the e^FfMreseion .of feeling and sympstby for thet sufl^efrer i? 
genu^i^e and heartfelt $ and if those who exhibit it are eor 
titled to any praise for honesty and s^nqerity in that caae» 
tboy have jDpt forfeitj^d ^t in this, as there cap be no doubt 
^at dlpehebaviour complained of was an unpremeditated 
and simple expression of dete$talic^ for the crime, and tn^r 
j^ltation that punisbment bed overtaken it. 
• 

•No eomfparison can be drawn between' a man who ise9Ce<* 
0Uted ' for some petty theft, whom the frequentew- of 
^ecutions ci^not bring themselven tQ confer as a very 
desperate felon, and a monster whp is most justly bsfiged 
£t>r one es»crable murder,* when there are fifteen behind as 
abominable. The sentiments and opinions of the mob 
cannot.be the same in jthe one case, as in the other; they 
4:annot eniter into nice legal distinctions — ^if Indeed legal 
diqlincstions i^ould Mame them ; but they see one man suffer 
fpv. stea)ii|ga' fe«r shillings, and they- pity, him, atKt another 
foriisurderipg s^xteeg individuals, and tbey execrate btm* 



^944 wamnv^t ^mfmrnH. 



dteUiT'to ciBi) k fbrtb; To ^shbWdtiy things ^ fiiatt ^li 

HdtdtiVed by ^li^tfy >li6BMfAl>ie f^^lh^gs; Hhol^^ tli^ 
#bitfd^ilit'|iertak iftiito th^ same vr^. '\ » - 



, I • • • < • ' , ' ■ I I • 



•Wei^rcdBi^ede to thetoj thkipe^ <rf Terjr¥rfnWl 
fteliKgs atid '6li}li^fated Biibds wduld^toot tfitii^ over 'the 
littt^nioitohtd bf'lbe'most depraved 'nfa^ wbo ever Irvti, 
^UM thttt Btil4^e w»^s th&t iii>ati, p^rbaf^^^ith tbe b^ixeptioii 
df^are, Iftei'e i^aiv be'^o K)^b^ti^n ;' b^^^^ imist ^^(^ 

S^ei^ of' Edlnbtii^H ' t^n- tbe ' h^fonrii:^ of tbe^'^k^^dM, 
make Wo ' jii'erei^^ions'' to ^ such' Higffi' refitlettien^; "We isck^ 
^^bedr 'm intedy %bat mabjf^W the'pbj^ulk6e>were.6 thk 
fidme Tank in life ^s the ina&sAcred •w!ctini*{' 'and- iMl 
they »atufally felt 'inoire deeply on' the 'fctibjfcct' than «hbsi 
in^ioae station and habits remdverf them from Ibe'risk W 
being butchered: Also, that si notioki bald goiie 'abroad 
aiaong' these people that their bodies' were manned fcw-bfe^ 
boof of a science \<4i?idT is to benefit • more peeuBatly ' the 
rich, and that those obnoxious individuals who exercise 
the iobuitian trade of resUfrectionists, ai^ 'SdM^ited 'by 
tbeni' from the punishment they meilrit. TbeybelleV^d 
alBo^ that there was a desire to deiid too ^nfentiy to^iTfdd 
tins ruthless gang, arid that although one of- them had -been 
MK^flced, others of the delinquents had been' ^lUitthed 
from a deserved fate, bec^ause their blood wai^ ' little ae^ 
counted of. • It had been eveti imsginefd that ardi^ositidti^^as 
l^risbed of saving the life ofl Bdrke; and' Yhat be "Wfifi^^iU 
wilbngly Consigned to* hl^ifate ; -now all ahi^ isVery e^OJ 
netkig^ abd some of it v^Yy abstiFd, but stiil thej^<o|$ifaidtls 
iiTttpe cicm^cientiously held by numbers, aitd woirkl be ^as 



^jprtaUm^ dtUadagma t^qkmiMii <iof dMtf '^liiigf^ as 
»ffpefnMUnd:idtasrioDald'di9vvb» ' 

' IHs-aoMwnderfuIy then, Unt .wkemtbeydntBcbaedthte 
pisepaffatipiis j&r .tbe.iccsiiiiony, Jtfaey Ui^ndid hukit[^ ik 
expressions ofisatiftfifeiftioD ; andittat when Jtb8icbl|}ritlmtti. 
self was exhibited before them, an uncontrollable and sL 
tuiltaiebus sh^iit) of 'triaiDphaBt exliltationJsdiiAiidibi^ 
fbrthy-and tb^t execration ifdr his eaormoim jgpsilt'shottitt 
bftverled' the vast nuikituile, loAout eoaven'Or piJeidciikak 
twi> to repeat iqpNfi.and again their acclaihations^ . > 

» • r ' ■ ' . . " » < . - « *• 

' .Tbelawfliisnefa43a8e9:josdy«»d v^dy^butreltiBtfiienlly^ 
eMiNgns I the pecpetrators . to deaths aod iJke-pnblldi^iofc 
aiso telemltttity. adds to it cl>Iiiquy and reproacik.- Ntiiy 
flaorcv iheLocdJui^ioe Clerk, before passing 'attiteiit)Q 
laenAiDiikd tfa«t be was prevented only by fi stose *^ diat 
tb^ |>iiblb;eye would be offended by sa dismal' a speecaole,^ 
fr»m acdifflring iBil8e> *^ that to satisfy the violated lawid^of 
bis ooublry- and the voice of public itidignation^ bis < body 
ibottkii be exhibited in chains^ to bleach in ^ the winds^ia 
oriier /to deter others &om thecoimnission ofiUBM^Iar'0& 
fenoes*"' His Lordship, so far from baving any a^erMn to 
poslihufliouB vengeance, adds, >^ I trust, that if it is ever 
testomary io preserve skeletons,, yours will be preservedi 
in, ordnr that posterity may keep iniremembrance your a^ 
troidious erimes.^' And he could saarcdy- have used otbev 
terms, in lanimad verting upon what he justly characterieed 
in the.fi)lkiwiiig words: ^ A criine more atrocious, a mdi<e 
cold-blooded, deliberate, and systematic preparation '^br 
murder, and the motive so paltry, was really unexampled 
i«i' .tbe laonals of this country.^' His Lord^ip^s coUeagaea 
jaiaa exJMresaed thcfmselves in similar terms,. and > still the 
people ate iblamed for acting in unison with theirddClmtfd 
fltotomeaiSk 






9kI6 .wx»x fobt MVEiniRft 



ing. His instructions to the porter who. assisted- Um west 
conveyed in the following petty sentence^ << Hold him till 

I get. the rope adjusted, aoul ,theh jet .the ■ ■ kick" 

iWhen fBtateiiing the rope about bts-medc, be did give it an 
lumleircifbi tug, so Ieis nearly to 9ti»iigle him.. 



I * 



. .It is adautted by .those: who oomfdain oCtbe vioiaCkoo of 
dficeneyiand good ta&te^ tbat.he was.a;:colaUbeaFt«d'nii»- 
DTBant^. Jtownrds whom* a spark^of syaupath^ eooUi'fiot 'be 
extended^ .and .his atrocities are denouiiotd in ekiqiM»t 
and indignant terms, and yet it appears to have been 
adtid^ated that ^he public^ on tlie oaiyiooeaaidn they had 
of publicly manifesting their sentiments, .should* have-Met 
him with a semihianoe of pity and forgivjeness. They- 
^ould* not have done .so without doing. violence lo evefy^ 
feeding 'that: agitated them, and it would liave been ao 
tinaccojuntabie piece of hypoccisy to have attempted it; 
Pi^blic detestation uoequivoeally expressed, is abm^a-an 
iOApontant, and sometimes the most important ^auxiliary ol 
jKunishroenX^ and .the scorn and contumely that ts^ heafMd 
upon, a guilty head* may l>e.the best ally ^ the repreaaovt 
of inuQQiality, and if there was in that assemblage one io^ 
dividual whose sordid :Soul -cquld contemplate theeomoits- 
sion.of enormities which might .outrage bumaoiiy, aad 
bring on h'un similar manifestation^ of idisgust, it must 
have^acted as a. solemn warning when the made the terrible 
di)9C0?ery, that ^< when it, goeth well with the .righteous 
il(e city rejoioeth, .and when tlie wicked peridi there is 
shouting.'" . . . , . 

. Our sentiments concerning the character of tbe uDbappy 
wretcb». and his crimes, has been expHcitly stated in ike- 
{pregoijEig.part of this uarratiye, but it ttiay not^be^uipac- 
ceptable to our readers that a brief view of the optaieaM>of 
others should be furnished. We sul^oin, therefore, tbe 



WItfT MET UVnp^ns. 347 

folkmibg ob9«rvatM»i8» the merit of whieb tnsj wdil justify 
their iiMertiofi. 



i**^— 



. The atrocious murderer, Burke, whose hands were more 
deeply dyed in innocent blood than those of any other ho-*- 
micidfe recorded. in the calendar of crimes, has undergone 
the {Sentence of the4aw; and: from the tiarrative of the 
coneon&ilants of the tragedy, it will be seen that the c»r« 
<»iBistaooes atteading his exit were as ex^traordinary as hi» 
guttt. WAS' tcansoendant and unprecedented. EssentiaUy* 
and in; 1h8 real character an- ignoble, base, meati-ffpiiited* 
vretoh, this wholesale assassin, by the mere extinction or 
obliieration of every moral principle and feeling of hia 
nakjare^ and fby a consequent abandonment of the faculties 
boslDiHred upon him 'to the commission of erime^ has suc« 
eeeded in obtaimibg^^ a bad pre-eminence,^ even among those 
who bad prostituted and degraded far higher endowments 
1;oi.lhe wily^ of iniquity ;- and a niame which ought never ta 
l^vei be^-beard of bbyoad the precincts of the lowest and 
lilemest campartment of society, is now damned :td imw 
9iortaJi infamy,, and stands but in strong relief from the 
Id^gand black catalogue of those who jbave most signalised; 
themselves by their daring violation of the la'ws both 06 
Grod and of man. In fact, it was reserved' for this increw 
dible monster and his associate fiends to reduce murder to 
a system, and to establish a r^uiar traffic in the bodies of 
their victims. Ordinary homicides slay from passion or re- 
venge ; the mtirders they commit are the produbt of an 
iingov^mabie and overmastering impulse, which hurls rea- 
^ota from her seat,' and, in the* wild conflict of guilty 'pai' 
^n, pnreci^pikates them iiiito the commission^ of acta Which' 
airenio^isooner done than -they would perhaps give the' ihii- 
veiise were- they uhdoiie;. Biit Burke and hife crfe\«^'poiteeW 
the horrid and. anomalous distitietion of havitig, Withbu^ 



t , 



tlie palliatk>n of passion^ or df an j ^thiep ibcnit^ ?li^bil^^ a^ 
just view of human infirmity can admit in extcfnuatidti/aiid' 
from a base and sordid love of gain, and of acquiring the 
means of rioting in proflig6iey and iniquity of every sort, 
established a traffic in blood upon principles of cool cal- j 

culation, and an utter recklessness^ of either * GfldA 'or man, 
which .would have done no. discredit to Maminoil' hina^) I 

Hence it is, that Burke i& perhaps the only brirainal whoi 
has died, not only without exciting an emdtibn of pity inA< 
human bosom, but amidst the curses, boih loud anil ^deep^ 
of the assembled thousands who witnessed thfe ignomhAo>ai» 
termination o£ his guilty career. The wild sboutar of ' ex.. 
liltajtion which salute/d him upon bis appearance od ifafe* 
scaffold, and which rung in his ears with still fiercer ae« 
olamations when the world was closing on %im for ever, 
must have appalled even the heart of ice watbin his wottb- 
less boson), and sounded as the knell of a jadgment to^ 
eome^ where the spirits of the sliun would rise up^ beii[tt^ 
him to demand a just retribution. Yet at that a^wifol' ttKh-* 
ment, when bis deeds of blood must have arisen before bite, 
and when the unknown future must have presenled itself 
to his. mind as the. past was about to close, the Wf^eb 
seemed almost . calm, . and looked defiance, Hay, sc(M*n at 
diose who, yielding to their overpowering sense of 'tlis 
crimes, blasted his lastniomeDts witb their shoots of- wild' 
triumph and exiilt^bion. 



^^ 



It will be long ere such a scene as this occur again, uq^ * 
less, indeecl) as is the deyout wish of every one^ a,9yi»i]ar 
spectacle be produced by the execution of Mujceu T^^^ne, 
Qever, perhaps, was such a signal and appalliiig expreraoii, 
of a whole pppulace's indignation as on this oocasiop* T^ 
nature of the feeling by which Ihey were ftctua^e^ ind^, 
could only be estimated by look^ig at the spcj^sG^f^mif 



WfiST PORT MURDERS. ^40 

a^ OQC6 SO tiQvel 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 case^, 
which the progress of inquiry, stimulated by the recent 
eyc^ts,. has since elicited^ The commission of such hor-* 
rors, and the state of mind and feeling which could bend 
tp their commission, formed, as it were, a new era iii the 
hlsttOry of human nature and of human crime^ A propor-^ 
tio;iate impr^sion was communicated to the multitude, 
ivbp literally stood for a season <^ in pitiless horror fixed.^^ 
Found gniUy pFa tissue of enormities, at the very least, 
of which one would require to be something more or less 
ihan. human to refrain from shuddering, the execution of 
this monster was anticipated by thou3ands without any of 
those sentiments of commiseration which lisually accom- 
pany such spectacles. After all wa& granted that the ad- 
vocates of aciencQ could demand, still the bare spedesjacti, 
and no sophistry could pervert or soften that, was nar- 
l<Qwed 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 
fri^an any of these various motives or temptations which 
the indulgence of mankind is often apt to admit as pallia-^ 
tives to guilt, but from the basest of all considerations, the 
procurement of a paltry pittance, — and that he had con- 
tracted this heavy villany, not once or twice, or from sud- 
den 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 
catUe-t-sbeddii^g their blood and. selling their flesh for 
bread; . 



250 WEST PORT Ma]lI>£R8. 

, It is impossible, witboot advertix^ to aH diese factfir, to 
form any conception of the popular fury on this occasion^ 
It might be possible to imagine a case in which a erimitial^ 
iilthough exhibiting the very highest depravity, might yet 
jbe not improperly looked upon with the eye rather of pity 
than of condemnatioa,^-«as one whoiin nature had given in:- 
«(incts and passions such as she gives alike to man aifd 
brute, but for whopd subsequent events had done w'orse 
than nothing. In fact^ such is the strong tendency oiP man- 
kind to revoU 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 menu's un- 
derstandings, not a few were inclined to search, in some 
extenuating circumstances of this kind, for a cause of pal- 
liation, 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 
^ven 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 fetal 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 »tuations which barred all progressiva movements 
to good^^tfaat, in short, he had n^ver had ideas poured in- 
to his intellect, or any humane feelings generated in his 
bosom— *4hen 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 



ctpougl^ has transpired ct the biBlqry of tbiil extraordinary 
n(ian, to show that he at lea^t was plac^ in no such depbr* 
i^le predicament. His education and rank in life, instead 
of haying been by any means of the Ioti?e$t order^ were such 
i^s in the judgment of the worlds and on the authority of 
experienqe^ are held of necessity to humanize and inform 
the mind, and to communicate perfectly just conceptidns of 
moral distinctions. In addition to this« many pesople hold 
it to have been made out that Burke was a man of .strong 
mind, of an understanding much superbr to biscumfition. 
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 pcofound sensie of' 
horror and indignation which pervaded all hearts. . He had: 
known the full measure and. enormity of the guilt wbicb hes 
M^as perpetrating,.,knd the whole practical amount of .hci-t 
man suffering which he was inflictiog day by day on be-^i 
r^ved families and ftiend4; andu appearing in this light,; 
every one felt that it ,was idle to talk of mercy, and the. 
raost charitably were disposed to say^. Iiet the law. take ita. 
course* . : . , 



During the whole of Wednesday the College, was beset 
by numbers anxious to catch a glimpse of the body as it was . 
qonveyed to Dr* Monro's Anatomical Theatre. It. was re- 
solved, 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 staod and .ga^e at 
the building in which they believed him to be, as if they 
expected the inanimate body to appear to them* 



25^ WEST POUT MURDS«S. 

' Early on Thursday, morning the corpse was remof- 
ed from the Lock-up-house to the College, and placed in 
one of Dr. Monro's rooms. Several scientific geml^men 
attended at an early hour to examine .the appearances be- 
fore the promiscuous entry of Che students should prefvent - 
^their undisturbed examination ; among dthers we noticed 
Mr; Liston, Mr. George (Combe, and bis philosophical 
dpponent 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- gen* 
tleman. 

The body was that of a man you might call stout or 
sturdy. The neck was one of those that are usually deno- 
minated a bull-neck. The ch^st 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, bpt his thighs were extremely large, the 
leg and foot small. Altogether he exhibited any thing but 
the appearance oFan emaciated body, and every one was 
astonished to find it display such plumpness and stoutness^ 
difiering 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 fi 
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 pre- 
sented 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 fulnes of the features generally attend- 
ant on those who have suffered a similar death, owing, 



^ 



WEST PORT MURDKRS. 253 

|[)ethapsfto his head having been supported in a perpendi- 
cular position after being cut down. The countenance be- 
tokened the same meanness and low wickedness which it 
exhibited at the trial, 

Iti the course of the forenooi^ the body was inapeeted by 
a number of individuals, though the public were not ad- 
mitted generally, 

< 

Professor Monro, in piirsuance 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 
<?rowded. 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 conse- 
quence, 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 
Tiim in the most favourable position. In the dissection he 
was aided by his able assistant, Mr. M^Kensie. 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 br^in 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 class4:oom bad 



254> W£8X FOAT MUBDEAS. 



the appearance of a butcher's daughter-boude, 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 dis- 
missal of Dr. Monroes class; and the Doctor, in the most 
obliging manner, accommodated every one to the utmost 
extent the apartments would admit of. About half pasr^ 
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 
bad quite an opposite effect from that intended. Indig- 
i^ant at the opposition they met with, conceiving them- 
selves to have a preferable title to admission, and exasper- 
ated at the display of force in the interior of the Universi* 
ty, \f\\&ce they imagined po such interference was ^ustifi« 
able, the young men made several attempts, in which they 
bad 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 oppobrious epithets on the Magistrates, particu- 
larly 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 at- 
taining the open space. Those captured afterwards were 
lodged in one of Dr. Monroe's rooms, but this scarce- 



^ WEST PORT MURDERS. 255 

iy aff:>rded more secure custody. It was filso 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 last- 
ed from half past two till nearly four o'clock, when an end 
was at once put to it by the good sense of P^x>fes8or Chrisi- 
tison, who announced to the young men that he had ar^ 
ranged for their admission in parties of about fifty at k 
time, giving his own personal guarantee for their good con^ 
duct. This was received with loud cheers, and immedi*- 
ately the riotous disposition they had previously manifest- 
ed 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 vio- 
lent 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 ebul- 
lition of boyish impatience, rendered more unruly by their 
extreme curiosity to obtain a sight of the body of the mur«« 
derer. 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 cir- 
Gumstance 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 



256 WEST PORT MUBDEllS. 

body of Burke, and of course many tbousdnd» availed 
themselveis pf the opportunity thus afforded ihem. Indeed 
so long as day*Iight iasted, an unceasing stream of persons 
jcontinued to flow through the College Square, who, as 
they arrived, were admitted by one stair to the Anatomiu 
cal Theatre, parsed .the table on which lay the body of 
ibe murderer, anil made their exit by another starr. By 
these means lio inconvenience was felt except what was oc- 
casioned 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 onr own being required. 
The progression alone of the dense body which kept contin- 
ually advancing, almost supplying the place of pur usual lo- 
comotive powers. After a sufficiency of squeezing, we found 
ourselves in tbevroom, where we tarried for a while, that we 
might have sufficient time to make more minute observa- 
tions than those who were hurriedly carried past in the 
continuous stream that moved along. The body was lying 
pn 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 ta 
retain it in the proper situation. The face^ however, was 
jmuch altered. We understand that an immense quantity 
of blood had flowed from the body during the night, pro- 
ducing .doubtless the paleness which was now its principal 



W^iT f,0}\f jRf VllPpilf 



¥/ 



m^. 



oharfict^ristic. 9?hjQ fieatutesrhdd entir«lv :kwt i^'^^^A 
q4q^3s aoc) sharpness lihey yest^rdfjn pos$Q««e(lH>^7m po|^ 
W9$ jLbiqkfned, a^ tii^. Ups lik^w^i^^ ^re^r pr^Mtufiflgj ^^ 
bloated appearance usually seen in the faces of thQ§f^;ii$rl\9[ 
have died from strangulation. It altogether no longer 
pre$i3nte4: tfee condienaoce of'^iatk^ ' ' . f - i 



.'{; L **w 



" •{•• ..;»') '; :iiifr u..:. 'v 



. It was really atnu^ing tp ob$erVQ.|th0. <}ifltereot, 9^)9^19^ 
di^plftyed in thos^ ajppraac^ing 'w^ passJU^g ;hfi \i94yni TJ^f Jl 
presjented ni^greftt rt Varte^y of feo^yhptb^iio, pl4:fii\4ypw«i 
90 iJbe ?a0$t.. zi{ak)U9 physJognQ^jis;. ppwld.ih,ary^\Wi§hfl4^9? 
i;i bift.stmdiee. Some b?Mtftt(HJ fit %he i^imm^ h^ ¥¥. 
elirt^ r.t<>.retraciB their M^p§,'?{^ if $pp*lleiio»t.Mi^r.; ^jf^ 
audacity in iyenturing so jj^^rly into th# ^^mt^^'^ &MW^^ 
The crowd behted^ hovev(^rjtftp4 thek o^ww fiHW^ty Wg^ 
tbiei» <W| awl'i^h^jr vpr^ajippst bprp^ p^st 'i^jipfe ^ncayfiif^4 
l^oad and) pallid lip. lOthets >^k(eji hpMXy fyv^gx^t^myf^ 
&ig the bodjT: with a mf^lj^iow ffmile, .Fbi^fc* sppik^i P^^^Ayt 
their difilguat «t the .cAne^ of the indiv idwl, wd tjia^. tfc^ 
aversion. ;Qyeri:4me ^very ^entimeiit of h^r^'or' they. Bpigh^ 
have felt a( another tinje in looking Ijcm.f^ )*jimil«f ^P^9i 



1 , 

I The itnm^nse coticoufsia .•f)f pecfpUiwho^^oPurioaFy wvj 
duced.tbeto to visit U»s:9ad*aKd -hM^ili^tog spe<5tacie o( 
foUenand diegradedwan^m^y b^ judged.af^.HihiftitiP niei>r 
tioi^ed, that by actual enumeratioti it Wa» ifownd ihat vpr 
Irards of sixty, per .minute jpMsed the corpse* This egpn 
tinued from ten o'clock until darkening^ &ad yfhtn.ym J^^^ 
at nearly four o'clock the crowd ^as increasing, we cannot 
compute the number at less than tartetVv^fivklhatisand. per- 
sqns^ and. counting thisi oth^r days. an winch jtenyisanr b(il?W 
though the admissions .'were 'BcKf so indiscrifninfife^ t)ifi 

amopnt cannot .be ireciuined! im^eri thirty thottB«ci4 sqi|1% 

2 L 



\ 



958* wisfit >6ui: MtiBD^Bi^. 

A' jgrcater hiimf>et of iteles probably thaii was piresent nt- 
fhe elEecutiodyUnd a ftt greater concourse perhaps than' 
eirer paid homage > to thfe remains -of ahj great man Ij^ing 
in state- ' "■ • '»••.'■■. " '■ ' 

* f • « w • » 

I . / ■ • I 

* J 

We understand, though we did not Witness it^ that some, 
women whose curiosity presented a stronger impulsive mo- 
tire thkn could in them be counteracted by the character- 
istic grace of afeinale, — ^modesty,' found'their way with the 
Blob into tfafe r6om where the naked body was exposed.' 
It isruot lilcfely, however, that their curiosity -will, in such 
a tiase, again' get th^ better of their discretion/as the males, 
irhd reserve* to tliemselves the exclusive right of witnessing 
such' like ^p^tacles, bestowed such ^ tokens of their indig- 
ftatibii uponthetn as will probably deter them from agam 
visiting' an exhibition of the sort \ ^ven in all is said to be 
the'iiumber Of i^niales in Edinburgh so void of decency ; 
but in justice^ even to them we may presume that they did 
not afnticipate such an exp<isure* Sevetal more however 
cast a longing look into the University, and even asbended 
rte jsteps^ 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 suf- 
ficiently aiiitoying to thosHe in this' neighbourhood', and' to 
passers by>' Jj&Ag liftei* theyhadak^ei'taitied that'noad- 
ntissioh was allowed, the .people - continued gazing at the 
duter walls, and 'When their curiosity wias abundantly gra- 
tifiefd by ihis^ or their patience, exhausted, fresh arrivals of 
unW^atried.qpectators arrived* ' 

^^' ' '.>/... ■ 'J • i^"* . •. 

~ f he pbreiiolo^istsf faav^ as a matter of counse^ seized 
n^ilh a^ity tJsisi opportunity of, as> they, imagine, through 
it ^xfaibiting' the. ad vantage of their fistvourite sciience, and 
thereby advaiking it in. public estibiation. : -We^itiU^ out 



WXm VOUX IHlUliD£|lSt 



2&9 



of the descriptions of the numbec given forth, confine our- 
selves to the two folloving. ^ 



PHRENOLOGICAL DEVELOPMENTS OF ) 

. . ' IBUB-'KE. . If. .' I 

-.'For the followkig .measurement of the head .of Burke,- 
ivith^ihe deuelopmebt deduced from it, we are 'indebfee^ito 
an ingenious friend who has taken some interest in, ,tbe» 
science of Phrenology, without, however, becoming a cm^ 
vert, to. its dbctrincs.^ The measurement was ti^ken with 
the greatest care, in the presence and with the assistance 
of an able Phrenologist: so that its accuracy may, we bcm 
li^ye, be confidently relied upon :— ^ 



Measursmsnt. 



n) 



• v^ 



circumference of the. J^ead , - . . - - 

f romithe occipital spme tp lower Individuality 
Fircm the:ear to. lower Individuality. , ^ * ., , 
vKcQm>dilto. to .the .centre of philo-pipgenitivenesfs 
j-rom ditto to' Firmness -. • - ; 

Fi^otai dittoto Benevolence <- .- 

^jrom ditto to Veneration . t - . - 

From, ditto to Consciousiiess . ;. ; •. , 
jTroxn JDestructiveness tp Dpstructiveness 
•Fjt>m Cautiousness, to Cautiousness 7 
Froni Ideality to Ideality , - - . . .r. 

From^Acquisitiveness to Acquisitiveness ,- 
From Secretiveoless.to Secretiveness ; - - 
From Gombativeness to.Combaliven^ss r 

s 



• 7;T.;; 

6,7,; 

$..6 

. 6 ■; 

6.a , 

4.6 . 

• » • 

6.7 > 

54 : 



\» 



i .4 k> ^^ kt J 



< ' • ft • 



, i> i ^ > 



>J. 



4 \ i) 



S!i6& WEUt H>gT MURDCSftS. 



• • 



DcVELOPMl^NTi' 



4 • • 



Amativenessy very large. Philo-progenitiveness, full. 
Concentratii^eDess^ xklficienlu AHhesIveii^ f uIL ICbm- 
bativenes, large. Destrudtik^oiesi, very large. Construc- 
tiveness, moderate. Acquisitiveness^ large. Secretive- 
9e8s, large. • SelfMestedmy^rathcrlac^. * Lovi^ df' alpprdba- 
tioii^ iTather large.^ Caiitbuanfefis^iatber large. Behevdlence^ 
tergei-. VendratioQ^'lafgei Hcxjbe^ dmalki Ideality, smalL 
GonsoiesQtioameiSy rather large. Firin.n^&»/tlailg<^^ '. IndU 
Tititraltty, upper^ moderate. BdMower, 'faUJ) Sbnn, full 
Siae^ do. ^ Weigiirvdc).' Colour, do." Ltxralilry^ do. Order,' 
doi 'Time,, deficient* c;N umber, fall. Tun^,: sldderafe» 
Language, full. Comparison, Cull. I '. Casualty, radier Ifurge; 
Wit deficient. Imitation, full. 

# • ■ ■ 

Thfe above report, it may be necessary to obsenre, was 
taklen a few iiours after the execiitiog. Id *coii8eqiiGN»ce oi 
the body haVitig b^^ti tbrdwti bfl its b^k, tt^e integamentft 
not dbly at the back of.the head ^ddimck, bat at tha poi^. 
te/ior lateral p6rts^ df the lifead wer^^r^hetiiftetotrcaBiftljr 
coilgested r for in all cases of deatb bf faahgio^^ the bhrnl 
rem<^ning uncoagulated, invariably^) /gravitalJes to -those 
patts which- are in -the most depdfldiog pb^itibo. HeDce^ 
ther^ was a distensioti in this eas^ t>v6r tUfa'ay v!of tbeoiost 
imp^tant organs which ^ve^ fan tXBmfl^'ji^ativmfnA, 
C&mhaiivenes8y Dtstru^MvifU^^s -i^ <ali appttan(Be^)of Mize 
wliietl never existed during life, and,' in th^ othbt hand, 
iTidd^manyof the ff^i^haifk) imeUe<^uaJ birgai|8 'aeetn ift 
co^thtst relatively less thim tb^^ w^uld otfao^ae bkvie api. 
peered. Iir this state^ a oAnt' (df the headi was taken Jby iMc 
Joseph ; but although for Phrenological purposes it may 
do very well, yet no measurement either from the head 



\ 



;iii[itiHit<;dQ(UUQB) or a oast itaKeii^ {roih it, can affbi-d 
19a (anyc fair cciteiiofi bF the :d(^vel6|)iQent of ' the brain aN 
^l£i (Wc kitowr. that this objection .applies to the bu3tB>of 
alLdbetmuidbreraiwhicb adorn theohiefpillarsiof thePfir^ 
Qtdo^al BjBtsmi and in no casb i& ii morb obvious tbdmui 



1 



I r I 



I y.\'. .-. 



.!>i3lar;ableiFco6ffssQi% Dn. Monrb^.gave a d^monktrktibn 
oflMbnatatcba.finmdi^ aUdieDjoe'OQ.TbursdiEfcyLiiaormn^, 
Ia94-V6. b^ir^ftl ftonv the.b&stauthoritjr^ bedn given idunder^ 
ft^dr^bal; it. presented iKithiog. lintisuid: iii ita appeaci^ncK 
^atbfv^; board itvas^erted^ tbat\tbe tateral: lobes #ere^noi^ 
iQon%(dey)d!i^dyhutiiati!iiigJiMidbi^ bn tbikaubject^ 

ii(ft)d9.npt $«d .they :. word; i»dfe;td^v«loped: ihanJbusuiilrf 
AiAiiQ.cQQas^irem^tiof the huxti^ itisejif; w«/i.! taken,, all!. re4 
ppntsj on* jkhis Jubjwt . ttm^t be ijto*itb&*torJr i .jwm} . <xn)ld 
the evidence Qf;9aejrj^i^itii$a9 iUiMpb a matter. pl:<^.ve6^ 
cient to be admitted as proof either in favour of or against 
Phrenology, 

' T^qudstton which'natundly ilrisi^sisj wfaeithertfaealjbve 
•develcfptnettft^eorr^spond with the ^hat^aetiep of BuHce? It 
is nbt^ duv iotenicioii i& ^ ienier in to/any ^ntrovdrsy^ bn > thts 
3ubfeot ;' y«t^Tv^ calinot' help retnavkingj that it may b4 
jtitef p^dted^ i\k6 ^tt ' de Velopments" of a similttf kind, l^^ 
favourably or unfavotfrkbjy for PhiieiKdogy, as^the iilge(- 
nuity or prejudices of any individual may influence him. 
W6 ha^ettie inDt^t origans tnore devei<ipti certainly' Uian 
d>ey ought to: have h^k^ but to tbis it is replied, thill; 
•Burk«, aiidcir'tb'e benign tnflaence of these better faoaltids^ 
lived Ap^ct^tftd^ 0f thirty years, irithout ^commiUtng any> of 
those- tt^mendoaa at rotities which have, so paralysed 'fbft 
^Mid^ miii(l. He 4s< neither 'So defiei^nt ^ in Ben^v0lentj4 
nor Conscientiousness as he ought to ha'pa b^n,^'plb^no^ 



SOS WSftT^OET ACUJlDEIISi ' 

Ibgicalljr sp^kingy and these organs,' whiob madified and 
gave lespectabtJtty to his character for aS' many as* thirty 
jearsy all of a stuldjin cease tq[ exev<^'any toflueDce, and 
Acquisitiveness and^estruetiv^n^ss, krbisg'lik0;tW€r4attctU 
fiends on both 'sides, ie^ve the stater of inaolivily; in which' 
they had reposed for so long a period, and gain -a pottt 
unaccountable control over the physical powers under 
which they bad reposed .for so ma^y years suocuiiibed. 
But, is the,size.of the.orgaa^of DescructiveBliess in'Biirke 
larger than it is fotincl in the generality of<bteads ?--:-*ai^ 
are his organs' of Benevolence and Ccmsdefltibutoess less 
developed than usual P— -We hope to hav^ it in bur power, 
at an early period, to adduce sufficient evidence to deter-^ 
mine these questions ; and in- the mean time, letfv!^ our 
readers, who have the inclination and leisixrev to amuse 
themselves, like the astr^gers of <dd, with the above phi 
nological hprosoope of this atroeious ciimiaal. 






; It is an old saying that Doctors differ ; nor hai|.ewr. re- 
OBUt experience tended, in any degree, to abate our:^i^^ 
4eQce in- thi^. maxim. As it is desirable, howevler jto.show 
h0ih sidea of a. quesdon at. once, we insert the- following 
•^^Qbs^rval&oiMB.oa.the.Head. of William Burke/' ftoip tb^ 
.peOLiof a:diatipgui$bedPhrenplQgtBt: — 



. Public aitenttmi has been so.strongly attracted by the! 
j^QUs crimes of Biirke,- that :the, other incidents of his Jife, 
,and;hi8 general chahicter as a man, are liahleto be ,aUog&- 
Itber overlooked. In viewing bis character, however, .with 
« philosophic eye,ithe whole. mental. qualities maniff^ted by 
him in the different situiations in. which h^ was placed, tomst 
Jbie taken intd account. : .^ . . . r: ... 



W]£&T OPORTO MV&SEKS. SSS 

^'BuAcd wa^ljorn m the':pari8h of Orrey, !c6urity of 'Ty- 
rone, in Ireland/in the spri«g-of 1792. Wheii at school, 
h& was distinguished as ait apt schoUf-^a cleanly, active, 
good-looking boy ; and though: his parents wece. strict Ca* 
tholics^ he was takeii'into the fiervice of a Presbyterian 
cWgy-man, in wM>se house he redded for a. considerable 
time. ' He was recommended by the mibister toa gentleman 
in Straban, in whose employment be remained for 'several 
years. 

He subsequently tried the trade of a baker, at wMclLhe 
continued only for five mbntiis. He thereafter becaipe a lin-* 
eouweaver, but soon got disgusted with the .close application 
that, was essential to earn a livelihood at: that poorly-paid, 
iirksoibe employment, and he enlisted in the Donegal mili- 
tia. He was selected by an officer as his servant, and we 
are told that he demeaned himself with fidelity and proprie- 
ty; ::]V¥hile m.' the army, fae.mjH-ried a woman in Ballinha,^ 
in fUie. county of Mayo, pnd after seven years' service, the 
cc^giiiient: was disbanded,. .and ihe went home to.bis wifb« 
He shortly afterwaTds obtained the situation of groom and 
faddy«servant to a gentleman in that yidnity, with whom he 
remained three years. 

• He subsequently came to work at the Union Canal in 
ficbtlandvand there formed an acquaintance with the .wo* 
flaan M'Dougal, who became: remarkably fond of him, de-» 
seited her paternal roof for<his society, and attached herself 
toThim, partaking of his various fortunes during the last tea 
years. of;his life... It iis mentioned: that Burke treated her 
t^ithlkindness, find.' acknowledged her as his! wife; and that 
riiel was passibnal^Iy fund of him in return.' ^ > . > : , 

« • • • , 

iBeing.iddttced to mueh. w]2etchcdxiefi6:[and!proverty9 



864 WBBT POmit WJORDSIUI. 

Burke and M^Dougal' lodged for .li: few ni^ts . inr SlfOe^s 
houseyUnd durbg lih .stAj,/a ielloi^-Iodger didd^fw^hoee 
body wa» sold by Hare and . Burke .'for 'diasectioii« . At 
this point, hiS'Career of villany otaimcnqed. J!b^ ptice of 
the body being expended, Buvkei decayed a woinaa iolx) 
Hare^ft den> aoidi ibdrdered her, and told Jfierl li^y* Ha 
and Hari^ nepeatedi similar tragedies.: twelve /or! Ithirieen 
times: duriti^xhe:eourse of a year, till atUst ibqy yiat'dth 
tected. . . 

' 'NothingT:can faxfeeedthe intenfee ifelfiBbiiesaj poldfUodded 

eriieity, and calculating .villany of these JtniqsactIoDa(.jBid 

if tfae^ organs of Selfishness and .Dej^tructiReH^ssbeMiol 

fbund in Bfirke, .it ^ould be.asraDomalausiu if no organs 

were found for tUe (better qualities which Jbe hk^^enmdjf 

displayed* ' ..',.:' ' ' 

'» ' ■ ' f ' . 

r Phrenology is theonly science of miad.wliioh: oohtaios 
elements and principles capiable |^ aooouilting. tat ; audi • a 
chavacteras thai before bs>; aqd it does^soio aalnkipg 
tnonnerv We bave seea.b ineasurem^nt. Andiilayriopmeat 
of she bead of .Biirke^ taken, by an iexperienced; Pii]»iiii«« 
gist frotn the living head ; also a ver^juscu cats' cibtbC.tbe 
head with the hair shaven, taken by Mr. Joseph after the 
exebutioh ; andTweihairc xonrersed ffiih'.a modierfL «reiitle» 
man who saw the brain dissected.. Tbe ibeid-wjb .duthef 
aboyeithan beloW the middle siw*. Thd nyld^le Jd^ebfitha 
licain, in which are situated the .organs of Desd^ui^vieatoBs^ 
Secret! veness and Acqitsi&yeDess, was very 4al'ge|;,alil>a* 
struotiveness, in pafticular^ tbe skull i|)resented a .distinct 
Iwelly and tbo' bone was ten^rkabiy libin. The cerobilHlniv 
or organ of Amativ^ness, iwpui Iarge,<and Burke atfttdtlaat; 
in some respects, his ruin was to be attributed to the 
abuses of this^pnpenaity^ because jt hndl lediliiac jnfetiha- 
bits which terminated in his greatest crimes. >The organs 



fcif^lpentoned i^.aH the Phn^n^lpgJiQftl w>ckB| ltat,getfni 
¥Me?Y^^d 4cqui^^ven^s are.^the grand elem^nl^ pf):Srinr 
6fk^s^: The Marine l^he^ oi; tiiat 'm.ijrliicb tbe iipf^l^ : 
isj'pUufe^j.^J^hpVigb sniAlLia prqpoTMPn^^tp the i&A^dl^.l^t » 
^Ulil^tiU fi^iFly developed,. 43peGiaIiy,iB..tti0^ Ipwer xegippii; 
whiiAi i^ oodn^tml wilh Uie peroqjtivfl ? f4fii|lti^. ^ ](p ,?^j 
cprjdaiM^ Vfiih, . this fact, , Blirke displi^ed ! ao^t^nc^; amjl. 
D9^iilfil$. o£ uodf^ijitaadin^. . He, OQVi^d rm^' and ,wrU^ w)j^ 
^lHjr» amd hi3'ep|iv0r^tipn nras pertiDent apd xeady* The) 
u|q»Qr pjirt of ^ tbe- fiit^bead, oqimacited with ttte refleqt^og^ 
^nglB^ns^ MRasrdeficienU Tbeior^an of Ideality, whkh gi^Y^i 
vefinement . aod elevatioD^ w«s . exceediog^y .smaii ; tt^at ^ 
Wonder, which promps to admiration, is also .defici^t ;^ 
and the organ of Wit is small. 



• .t 



r Hei^e ire find the*: organs,' which, when afaoii^ed, det^'irt tCr 
selfishnesi, cruelty,. cunding^ aod'deteitninauoto, all luig^tr 
but we have still) to ajcooiNit for the. faouUiefi wliiqb e^ 
abled him^to^act a. better part in life. Accordingly, Gonow 
bativen^ss is considerably < inferior to Deltructiveiiess . h^ 
Aw, and Cautiousness is Jarge. . Tbese^ .acting in joomtbi'! 
l|Bti(iti with' g(«at Firmness and. Seeretixrenesfe^ would .gijfp 
bim- ooaitband.pf temper ; and, aeodrd«gly». it is nientiofVf 
ed'that he was by:no!iiiean& of a qaarrelsomevdispositioil^ 
but when once roused into a passibir, be>tteoame altogatb^t 
ui%ovemable'; d^af ' to raason and uttefrly* reekkss,. be 
irs^edUike a fikryw Mld<to tiun^ bintlwasnbieasyitaskj; tbalt 
Is to • say, when ' bis* large 'Destrucdaveness: was ' excited; If 
ettdb an extent tiM it broke thiougb the restrainta of. bia 
^ther faouUies, his- paiisimp ^s^ -ele vated iinto perfect iSiad- 
■Mb^. Farther,' looking atdie bdrmud surface oftlieiiflaiili 
^^theiseat of the iliorat scffiiitia](3nts^-«iire finditinarteiRiin 
the anterior portion, but tolambly: W6lUeleyatal;.ibaftiia;|p 

9u 



266 WE«t MAT 1d[HAB£iUw 

say, tiie oifg&n of BerieVtd^Ienfce,' iLtrhotigit noC ftt iitt 6qukt 
iii^^size io tbe-orgarts of tbeanitnal'^ropensitieis before 
mef^oited; is fak-^j developed. Veneration and H6pe are 
afso'ftiiU ; 'While C^riscientibustiesd is, in ^Pbfefiological Ian- 
giVaj^,'^^ ratb^ fuli,'^ or, in Gomiioti speech, netretti^ky 
ably defici^ntv l>ove'of Apfnrobaiion also is fuik/* In tkme 
faeiikfes, we find' the etemei^ts of th^ morality which hcf 
n^abifested in the early part of hie life; ahd> also ad ex-' 
^^atfation of the fact, remarked i>yt ail who safw^ him^ that> 
be |k)ssesi»ed a mildness of ' aspect and suavity o^f ra^anery 
which seemed in inexpticabte contradidtioti with' hib ceM^ 
ld<)6ded ferocity. K thetie bad been no kindness- at all iff 
Btirke'^s nature, this expj^ession would ha^e-beenf an efieci 
Without a ckttse/ ^ • •■ 



. » . 



The organ of Imitadon is well developed ; and it is men- 
tioned in- the I^hr^noldgieal wer)cs * tbat Se^reti veoess (wtuch 
iki- bitii is likewise lai^,):ia combination 'with Imitition^ 
pfe^odtices the powei* oil ddingy or simulation. It^ is eurious 
t6 observe that Burke, possessed this falent to a. consider'^ 
able extent. He^ stated that he wa& fond of the tbeaitcei 
andiojocasionally represented again, .the acting which he^biMl 
seeii. i£r« also,' and; not' 'Hare, was the dm^^r^ who,, by 
pretended < kindness^' fawning, apd flattery,- oi! h^.Qcih^ 
xhe^semblanceoiiMeDdi inveigled the victims intoi the. defp. 
Thiaquality enabled him aIso.to<ac< a pekri m, bisiintefX 
iriewti' ii^ith. .the various individuals >wha: visited bim in ja^. 
•He showied considerable tact in adapting . hinftseif t0 . tl|^ 
|)ersdil'Who<addressed 1dm; and from the^ same, cause it 
^was soBietknes difficult todiasoTer wbienhe wafis«nQtfs.iind 
•when only feigning../ His .great. Self-£$teeid, l^innncfssy 
'Cautbtisness, atad : Seoretiveness,: produde^ that d^lf-cpm- 
mmdond unshaken-composufjet mhiob n^eir. forsook. him 
tdunUg -his trial 'and execution.: . 



-r OaecifiliQ mo» aNriliHBg^est^ of th^ dfgre^ki;.whWfcftbe 
mprafl «»iHiDaeDts :iiq^ ppi^^s^d by H ^iiai^^^ ig tii^m- 
preasibii which bis crimes .i^ak^ upoa' bi^^own-^^^iBeeifiipe 
wfaenftke cjeeds have been (Bpoin^Uted^' IxJfoh^ B^timr- 
'fano), rWbp loitrdfiired Aff. P^rpjiyyiU the orgfin of. I>e|tru<> 
MTetie90 «s very l^rge, wbMelJtblit of'Be|aieyolenpe:isjeBi|ee4- 
i^ly r4i^6oiait ; aod JBellingbam: coMid n^vev Se^ bra^gli^>ito 
ipefeeiyiethf^; oifki^l]^^ and Jitr<^tty qf t|ie ttyMrder.;! T^mif^ 
Anyrktm^ QeneWleii^d i9betVprideyelo|^d, Bti^c^ithatij^ ftr 
«.W>iig'Uc9la i^t^r he had •oiaffdere^.hii -fixtit vi«tin;i}Jtie.fi^^d 
jit liU^dy imppssiW^; to >aai^l| for -f^ sHigjle ^ hpur , tjie 1^18(^4* 
Ififitioo igf' tb^ifatiil s|vuggljB-<-^ith^-seiFeaaiffp£ distife8S:fi|d 
4^sp4iirrr'tb^ 'sgQwmg gro^as^aodxaU the; realities, of .^ 
rflr^df^l ' deed. A.t nighty . thci bloody , tragedy^ acqpo^gf- 
Hied by frigbllul visions.qf sqpeiiiatur^. bekigs^.tormei}^^ 
ibim in bi9 dreams^ Fpr a long tipie. he|shuddered at the 
tKoHght of being aWpa in the dark, and dpring rthe ,nigbt 
be kept a light constantly burning by his bedside.^ Even 
ta thfftast^ h.e coald not entireiy overcome tl^e .repugoj^nce 
^ hi^tddoral natiir^ ^o murder^ but mentioned that hefounfd 
it neeesaary to deadea his.sensibfiUjLie^ wi(tjh whiskyy leavii^ 
dsdy so ^reat agltmmei^iig of seiise as to . be conscious ^of 
ivrhat he nra& doing. HeposiUveiytasserted'that.heooid^ 
mdt bane mmmitted m urd^r when perfectly sober. ; , 

Bttrke was conedderably muscular, an.d in the cast w|tb 

the htnr. shaven, ti^en after > death, the raeasureojienjL ^f 

adestructiven^ss is two-eighths of an inch ^arger than the 

.measuoeoient taken' diiring. life^ wl^ph m^st be abated ip 

Ihe estiibsatd. of th^. organ. 



I 






!' . f 



t • • 






.Wiicbnfawr^h^t wft 4o apt ppi^3^ ^n9¥jS^ ?f »¥^P9?.|9 



^9K8 '#fiW ¥o1(tt'Jttfi«»ifti8 

^><c»hi(U(B tfs'Mth^ t{y *^dkmh at! ¥eiiXkf tfhe (r^itotini^'^ii. 
-i|ttif9^ itt tW^^Afcow developments, ft is titidet«tGk>A fAmt 
' A'g^^htnAti >who h&stflr^^dy diiBtiftguished himsi^iis im 
"i^ppotiKtiit^ot'P&renologj^ is to appear Hgtiin as an jftipvrgti. 
-^W4be dbetrrrie given forth inihe skky^ d6«crrptM>n, ttai 
-^tl^bfilet^ he witt be teplied'46 by the dnftime«m«r life 
^*idilitkt!&i One thlhgwd^t be iippaFeiiC in the 'above a^ 
r^Utfi^ th'at^'ifMe Pbi'enoie^y is >pmn))ioitfiity a«mmii«ed*fl» 
'"^ fii^^'difil^ science of mind '#hidh <^titoitir»'^Ienl«ti«8'atid 
^*j^tit;i|))es catpable df atei^bui^Ag !for suc^^a ciliat^C^l^r ^ 
"ifhitt before us," the littriost tbrft is ^ttewipted ife tb'^fe n 
'Phrendogibal de^scriptioh bfthe'h^od, aind to^explaifi' «dtBi^ 
traits df l!he character of fitfrke, and to endeavcmir <0 ire^ 
"i^bnc?!^ tome disbi*epancids iti^he deti^l^pmerit, %bidi se^tti 
4]^ot'6h}y'iiracmiytem %ith e^di'dther^ but^^lvieb^ fisdc^ii ita 
^^nhection'i^lth'his 6haractet*'ahhd"adtioii8, It^id appetfr tb 
^'kiiy on^'butti'Plareiiblogist to'bd positive: contradi^tiotis. ^ 

' ''It^bes'nbt 'appiefltr in this insta^c^ at teetst, that t4ir^»^ 
%gy' possesses ahy peddHar aptitiiide in aeco«ntting fbr suofa 
rsi character ; as thd knowledge that ia man may cosmnt ^ 
')co&ou8 crimes' ahd lirear a diilfeFent sesibian^te to the woi&d^ 
'l!h^ he may be actuated by a )b<>werful motive at oaetitse 
which gives pla^ to atidtber ata diffiererit seaaoB, and that 
aga^ yielding to a third, is a fact that was sufficiently 
khown l>ef6r^ ' the 'science was promulgated, and wauld 
'have 'been as ititelltgtble as Phrenology has triade itthoagh - 
#4 had 'rifever bear* 8£ the Science, atid mteirely tdliBgJte 
t^&t sitch iuld such 'protuberance on theskuH dMOtesocdi 
and such faculties, does not at all'BGcodtitfortbe'iskaraGter. 
Many ignorant people also who cannot *< view his character 
with a philosophic eye,** Tnight" inform us, that frequently 
a man does not get desperately wicked all at once, and 
tbat there is notfaib^ very cmeoiiiBiofi in « iwnofli beba^ing 



tdlerktAywdl for k lenjg^ <t!ni«, atid^afitebrai'da atbaii- 
dorAiigMxA'Aelft&ihe moilt proffigAte courses, neither kit 
^ttou^tiisihWhb^A)^ ignbtttiit mai),- when oiioe voci'sed into {a 
"pasaion, to <falecOtBe ^< altoig^her uag^ernabie.'* • We 
ha^e seen^s'iicha' tluAg ocdur where. ^^ .'large dmlttuetave- 
iie^^ was lievet 'exfaibited nor A^spedted 

Thie lieatised P(vreD<dogiiSt then goeg'oa to/reconcile wibat 

has ufiuaUj been* accodbted iocoii^pailble ^^alities'/ his 

^ full Benevolence and large Destructiveness." .(Itfi^fsa* 

ther too much to assume that the existence of the affection 

' beAaerotencte is su^imitljr prjc^ved, et^Q -for pbiirenolAgical 

'puf^se§, b^ <qUdik^ the stbi^y "diat* Burke hknieif toU 

*df 'his borrdr after committing the ^rst iritirdeh' iBuvsLj, 

ik^^h ifris tale, was iitip))criitly<*i%dittd, the uiet« fitct of la 

iriurdereil^s sluttfbersbeivig hautoced with the image tifrbis 

Vidtito for ia-brti^f i^ade^ ctfrniot prdve the existence o^f bf- 

hevol^Dce ; but we ishrewdty sutneAioe ^that «he whole is 

•fiction of Burtce^s, atid that he ninrrated it at aftime when 

the- well developed orgah of Imitatiohy combined wTith.lhis 

Ikr^ Secret! vetaess^ was excited to such >a degree r«s |o 

produce joeffTijg' or simulation, und that it Ifumiahes an K- 

-lustration'or *^, the tact h« showed in adaptmg httneelf Ip 

<the p^son who addressed bim*"^- 'Wehaippeato'know that 

^he spoke quite freely about this aswieli as his oilier niiiiir- 

'ders ; that he went about it in the most coed and heaiftldss 

ttianner ; that the two ^[lOiisters ^citemlj enticed ^fae pdi^ 

bid woman Into 'the hoose^ . and aililred her .with a.shefw of 

^kindness, biit that tliey actually^ in thfa thpir frst eascij, 

w*hen they were just ab&ut to perpetitate it, Jested, upo)i 

^e wbjcct Harfe askittg fiurke «* to^go &0» and ^eeibi>w 

his mother-in-law was this morning," surely tlien was ihe 

time for benevolence to exhibit itself, but we presume that 

b'ri <« large' Destructiteness was edited ^ such wr'ex- 

-tent, thai it Wofcfe thtotfgh the restraints of his Qthor.fih 



;feaiaJe|! w'tthov^rey^H ihl^'v^^t^hle^^pB^ i^ having 

preTubusljintcixioatedl' him$rif ((or i^te pMirp^^e^; :and;<)^ 
;!te next cpportuiiity,.tl:iey€aul4 discover to perfom the 
same bloody tragedy.^ wUhout beipg leyer: troubled wit^ 
compunction or remorfli^^ unAU: bi^ <^K&^ fif In^it^ttron, ifi 
combination mibi Secretively esg, pi^pdajeecttJ^ pov^er of 
attif^j br'simnkUimy in the pQq4^oingd p^U in );^e CJaltofi- 
.billJail, '-.-^ ; i. :'. • ■ ' ■ : ^ .• . . • ! • ' : :;.- -. 



'' I I 



! We supjxise thatihisjoc^if^of ms^^ w^ic^sp 

mticfa is made by thie j^nini^nl; Phrem^pgisf;, wainfs p^itber 
niore nor. less than that be wa^ an accoiqpUsbed, liar, an^ 
that faculty seeios ta.baye beenf in full ^peratjio^ vdiea he 
avefredy ^^ that ihe could nev^r ^nur^jj aviercoB^ the re- 
pugnance of his moral nature to> murder, bu| tl^at^hefoui^ 
^it necessary tx) deaden bi& ^sensibility with wJbii^y^,leaviog 
only so great a glimmeritf^g of ^ens^ a^ Us be .poB^oua of 
ivihat be :was doing.'^ ^^ His tt^oral nature^' miiifi^' bav^^be^ 
of a very accommiodating descriptipn, if it couVi\witbout 
repugnance, allow biin to prp^l abftuf. co^iti^nayy literaUy 
fifeeking whom be might deyoiur, and *< by pret^i^e^l ktnc)- 
ness, faWjMJdg. and flattery; or by actipg,5tb^jfifE^JW{|n€e q{ n 
friend, to inveigle the viefito* m%o th^ dep,r wi^ when 
thet«, tb enteortain* them. with fi aliow of, kip^nejs§i.j^nd ho^ 
pit^litJy, and. then psoio|)t hm,^} tP deadeti bi&{ sensibilities 
with whisky'' before it coiild penipit' l^ifti tq.fJOTuplejte the 
rfcene. But perhaps it waslJbi* benevpleaipe, that induced 
•hrpn to behave in this kind manner until the ^hi»kj should 
«xdte his destructiverf^^ tit. tbe piam^9l: t^at t^e eaorifiqe 
was prepared. ' - r ' 



i _••' 



~ / » 



Bwt the troKlh Sa that tiiere wa& niei]tbjBr ^^ungovem^le 
-fury ^ nor ihtoxicaiion to eKcil8e'.pr:;aG<^^( &r,^)5 muys- 



d^rs; ih^ywete all coiftrtitued in cbtd blood,! a^d withotif 
otie palliating circumstance ; and aithotigh he might hltvc^ 
been drunk when some of them were conoluded».'he waA 
generally sober during the preparatory procesa of kidQ|a|h 
j^ng, utid instigating thein to drink. 

' » . . . ■ . . ■ 

He was continually drunk, ^ because from his ^sekkim 
working he had leisure r for drinking, and an abundant 
supply of money, and with these he would have indvilgod 
Id the same vice -although there bad been no reason fojc 
^< deadenmg hi^ sensibilities." *. i 

* '^iie smaUness^of the organ of Wit is. i<i dicect opposi* 
tion to the notoriety for humour and drollery he had acr* 
quired 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 ques- 
tion .^b<ether he ever possessed much of *' the elements 
of DlOfality," even in his youth. Ap account has been 
adopted ^hich gives some* colour to the opinion that h:s 
morality was^ purer than, the actual fact would warrant us 
to kUow« We have already stated in a former number,* 
thttt he served only one gentleman before entering the. mi- 
iitku— This is on his own authority, and vre believe ako, 
from th^^ same source, be was never either a baker or a 
%€»ver,-so fat fyom being three years a groom after his 
discharge: ffotii the Donegal militia, he did not remain one 
^^^r in -Ireland, whi6h the dat^s wiU abundantly testify. 
He-first proved ut)faithful to hiS'Wifl^, and as we have seen* 
afterwards deserted her and his children, on discovering 
that bis' father-in Jaw properly appreciated the- selfishnesei 
%iid . wortblessnesS' of his character, and refused to trust; 
hii% too far. His living in adultery^ with' the - woman 



M^'iDbugali cloes not dispky gr(»t(«t^itlipei|t3^.ii| iHfra^tf,. 
ad in lik« maaher, hisuofeitfafwlnf^ftevjeii to bei?, $||d frari 
qu^nt hrutal' usage of. her^ cannot exhibit h'lB tjeiiftvplpqcef 
if\ a v^ry favourable « light;, . 1^ is! jaltog^tber- tq^ .ifli«ih,tQ 
elevate this unnatural anki anomaJoju^s njoqpit^i? irtt04fi;beip;|j 
possessing, some of the best and noblest attributes of hu- 
manity, aierdy that the.' do^raafe ofl a: Ja.vQUjrite piu^iit 
should be supported; • We opine, that the iMudtirs. of tb^ 
hnipaculate science must con<ient,tbetm£l3^esh with .the fmei 
ie ha»>acquiredtfrom the devdopmettt^ of .farujfar.muTrierf; 
ers, or alter the whole systetfi'ii of mj^li^bywfcs hei:e*pfore 
received, should they not be able, to discover a new desig- 
nisitiqq for. the faumps; fhe^^may find,'on ^a-m.utder^r'^^l-a^ 
mum.^ . ' , 



r BBOGEEDINGS AfiAINST HARE. 

c. After the trial Und! oon^ibtioii of Bi^rke^ sopi^: veryiint 
teres^iBg! proceedings wer^ ins^tituted by thie mother atHl 
sister. dP James Wilson or. Daft Jamie, the object-. of which 
ma to.bfinghiW to trial foje hi$, participAtion in the mui>f 
der of their rel^tlvcu These proceediQg$ ha^e is^uod in 
the libbra,tion of Hare after an argumalt and deterinindt 
iiiHl::in . the High Court of J[u9tJoiary. Thi9.questiQi\bai 
been regaiided by.some p^rseins a^ realty of no nlat^erM 
tmjpQrtancc^ tiecftuse.^rhatev^r might h^e lie^n tb^j j$aii^ 
Qf:ki.ineaAs would) h4vj& been : adopted hj tb^ . pub^ aUr 
tbi^rkies ibri obtaiDiitg a i^iljo.^ fgr I^are if be:h«d \ifi^ 
found, guilty :upder the contemj^lated proseoitioq*. fripB 
cireurostance doe$: n<>t» in oiit appr^b01>^io|^ lessen tb^ imr 
pombC^ of the quie^tion,. intonucfa a», the codvictioti aitd 
pum^biptot of aq^ single mB»ipal».ihQwev^:M^oua, m0, 
vm&f. of triiMl/ laomewt wl»ik 4M>mpared witht xba gmiit 



ir appeared ut(he witn«r« hov, 
taken m Court. 



J^A^htfK/f iv Themai Ir,la,utJiinX£dtniuryk . 



anil cantitntiooBl principles of law "^hiqb cpn^titute tl^e 
code of oiir criniital jmisjitnideiioe. Yiiwmg these pro- 
oeedAigs therefore in this -light, there baa rarely^ if ever, 
beeii a question raised in pur Courts of Xaw, inviplying 
principles of mowe paraniount interest, as it rentes, op the 
one hand, to the ri|rhts and powers of the Pubjie Proseou*^ 
tor, which are^ in other w6rd$, the rights and pp'wers pf 
the public ; and on the other hand^ the rights and privi* 
I^es of individuals aggrieved, by the .perpetration. of Gri^e9»» 
which Affect their propertjjr and their feejiogs. It became 
a ^matter of serious concernment to have it ple^rly and w^U 
decided by the highest legal authorities, what are^tbe .e;^^ 
tern and limits of the Lord Adyocate's powers as PuUiq 
Prosecutor, to enter into .compaots ;with associates i9 mm^ 
whereby be nay aiibnl them an immuiuty from.piani^bt 
flient for participation in orines, on condition of. their a& 
ibrding such evidence as may be requisite for the discdvetji 
and pontshment of offences, in cases, which from their vei^ 
fwture, can neither be traced out nor established, to ocMiYi^ 
lion of the delinquents, without such information and evir 
deuce ;'»nd haw far such compacts may be carried, withoH/l 
Hifringing the privileges of private parties,, who are. hy lem 
entitled t6 sue in their own name,: and ibr .their own inter^ 
«Bts, Idt redress of their individual wrongs ? This, is . the 
qtie^tion^^which has- been raised in the present instance* and 
which has now been^ solemnly decided' by the Si^preiaa 
'Oiinimyt Court of this coinitry. 

, The proceedings referred to originitted ia an tapplieiiftion 
Ibr Hare, to the Sberitf of Edioburgh, on the SOth of Jai>> 
18S9* His petiition was to the following, effect i*^ 
- That of this dale (Movember 10^ 1828) he was appr^ 
bended on a warrant of the Shenff-Stibstitute, granted on 
theappticatRMi ^ the Procurator Fiscal of the county^ md 
wafr-committed to the jsil of iBdinbui^h a pri$0ner». on, $, 

12. 2 N 



2t4 WETST FORT HUBBEfiS. 

charge' of murder : That the pdtittoncar \ras exanmied 60.'' 
fbre'the SheriftlSubstitute of the oounlyi& relation to va^i 
rious acts of murder alleged, or suspected- tohave been* 
committed by' William Burke, then in custody, and other- 
persons: That in the course of these 'exaBiinations, the: 
petitioner was assured by the Public Pvosecutor, that if he* 
made a fuU disbloiure of all- he knew Telative to the* several: 
alleged murders which formed the subject of inquiry, no- 
criminal proceedings' would be instituted against the^peti-; 
tiouer himself in relation thereto, whateT^ might;be the 
circumstances of suspicion or apparent participation' or*, 
guiltiness appearing against him : That the pietitioner wafr 
examined as a witness, and without the caution and- wan^r 
ing which it is the duty 6f' the Judget'examinatior'to git^ 
to a party accused, every thnehe'is brought up fbr ^xaniw 
nation; and the petitioner made a fuU and true disdo^uiie 
of all he knew, and gave every information^ he possessed, 
in relation to all the alleged murders as to whith>he wast 
examined ; arid this he did under theaissurance of personal 
and individual safety : That one of the alleged murders, 
as to which the petitioner was so ^xaminedy was -th^tof a 
person described as James Wilson, obintnonly known bji^ 
the name of Datft Jkinie ; and in relation to that <aa(tter, as 
well as in relation to all the others, the^ pe^taer flOtade a 
fuU and true dtateroent^ and gave every information- be pofr* 
sessed, whetlier relative to the alleged act- of muidetr itseU^- 
or the means of obtaining or tracing any cireumstkuwies of 
evidence in relation thereto ; and iAt this be did, relyhig 
dn the assiirance of personal iuid individual safety abovif 
mentioned, and the compact and transaction thence ariailig^ 
That; in consequence of the statement and information 
tbuselieited from, and procured through the petitioiief; 
the said Wilham Burke was. indicted* l!o stand irial bctfoi^ 
4he High Oourt of Justiciary in the month^ of . D^oember 



,telt, ott a libel setting, forth three charges of mutdar,. as .to 

^ali of which tthe petitioner bad been pi'ec^iitoaced.as.afore- 

vsaid : That one of diese three charges was the .foresaid 

-«U^ed murder of James. Wilson, atias Daft Jamie :; That 

4be petitioner was included in the list of witnesses for the 

'proseeution, annexed' to. the said libel; and hie. was cited 

^to attend as a. witness for the prosecution, in rdation to all 

4he charges therein contained. The libel. .was found rel&. 

voBt to- infer the pains of Uw; and the Public Prosecutor 

Jiaviogproceeded to lead evidence against William Burke, 

and ;aaQther prisoner, as to one of the charges, (being the 

-murder of Mary Doeberty), the petitioner, was called in, 

isworui and examined as a. witness Ibr the prosecution. On 

I that occasion the petitioner stated many things in evidence 

<litbieh be would not have stated, and could not have been 

iJF^uired to state, but tor the perfect assurance :of personal 

* security given hiniL by the Public Prosecutor, not only as 
vto the murder of Mary Docherty,. but likewise from any 
•pvosecutipn as. to the murders charged in that indictment, 
^^and which was laid down and qonfirmed from the Bench 
•on the/said. trial. It was then stated from the chair of the 
oConrt, as the decided opinion of the whole Bench present, 
wthat the petitioner was fully protected by law against either 
ctiial or punishment, for. any of the chargjss contained in 

that indictment : That notwithstanding the compact with 
I the. Public Prosecutor, under which thp petitioner was in- 
idueed to make disclosures of great importance to the pub- 

• lie intefest, and to the administration of justice, but which 
t weie calculated to involve. himself in circumstances of sus- 
^picion. and hazard, in which he could not otherwise have 

been involved ; and notwithstanding the assurance. of per- 
08OBal.t safety held. out to the petitioner from the bench, 
i>criininal proceedings, have, „ within these .few days,, been 
^instiUiled: against the pe^titioner, at the instance of Janet 



Vti • WXiT Va&T'UtHPBM. 

WitsQn ktteged mtet^ and jAnk' Wilobti ^aUe|(6d moilieil, 
of the said Jamea Wilson^ aKai i)Bft'JainiB4 Uti' w>hd(« the 
'petitioiier is informedi aodbasr^asto ta'betioVi^; dp.^tiat 
truly possess tliesis ebaraderis, kod-h^v't fUKfiuo^' mo^i^Vh- 
dence. thereof; kni he'hjui beJ9D eiamtnod ^before ib/i 
'Sherifpogubstitute -a(8 i.pbrly acicueediol^ ibH oi%noe»'«ud 
is DOnf a close prisoner in the jali of ^JBdinburgfas committed 
£or farther examination d^ to that cbaogeof marder: That* 
under the circutiastances above detailed^ tlie-petittonfircis 
adTi^d that ihe proceedings thus instittsted' against bidi 
are iiicoi^petent, irn^gular, oppressive, and illegal; land 
that the warrant oh which beis coidinitied at the instanoe 
of the said Janet Wiliaon is iilegai, and tbat he is estitkd 
to immediate liberation : That the petitioner ba» been 
informed, that the 'said 'Janet Wiihon, allied motber, 
and Janet Wilson^ alleged sister; have applied .fin: «iid 
obtained the authority of your Lordship to lead a precog- 
nition and examihe witnesses ai to the petitioner's alleged 
guiltiness of the said charge. And that an ex parie exa- 
mination of witAesses is actually goin^ on iioder the 
authority and force of your L6rdship^s power and oMtopul- 
sitor, in absence of the petitioner, who is 'shut up a cloie 
prisoner as aforesaid. The petitioner has been advised iblEit 
this proceeding also is incompetent, irreguhir9:aoddlli^{al, 
and highly oppressive and injurious. : 

The petitionee prayed the SfaeriiF, inimrdluey tO^^rtoal 
-the warrant on which the petitioner is committed, and to 
ordain him to be set at liberty ; also to put a Slop to the 
foresaid precognition or examination of witnesses, and to 
ordain the same, in so far as it has already {n-oceededv to 
. be delivered to the clerk of Court. ^ 

Upon which the Sheriff pronounced afa order for service 
immediately on Mr. George Monro, solidtar^ Supreme 
Courts, agent for Janet Wilson ; and appoints- to-morrow^ 



4ittt«Q,d^ciojsk ftfiaerncfipn^ for heftfisig ccmnsel or'a^iUsifor 
-Ikpe. petkioder> aod foe Janet Wilson in the Sbefifi^s Officej; 
^uid, in the mean time, siats &rther proceedii^ in th^ pre- 
fioigiiilipii^t tbiB infitmnce'of the said Janet Wilson. . 

The case was accordingly heard txy theSlieriff^ ivhen 
Mr. Jeffirey opposed the liberation^ and Mr. MfNeill sup- 
'porjted tfae^petirtion. After beaming counsel^ 

The Stti&Bisjp- said,, this is a new. point. I have always 
understood the right of the private party to be as great ' as 
chat of .the PubUc 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, ^-esemng his right, to apply to the 
Court of Justiciary, for which purpose I shall sist pi^oceed- 
ingsi fqr two days. . The question is new and delicate^ but 
I i&ee no reason for stopping pioceedings*. 
V . Mr. MiLi,£ji then stated that the respondent's agent had 
.got authority from the Lord Provost to examine Burke, 
iiut jui^as. he was about to ent^r the pnson,, a note was 
putintahis hand by the Governor from the Magistrates, 
atating thai; until the judgment of the Sheriff was known, 
access could not be given. The urgency of the case, and 
•the ihapplic^bihty of the objections to his examination were 
represented, and the Sherifi' thought proper to provide for 
Burke^s examination by a note to his interlocutor, which 
>waB as< follows.: V 

^f Edhiburgh, 2Ut Januajry 18£9.-^7he Sheriff having 
resumed the consideration of the petition for WilliaJoi 
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 pri- 
vate, party to prosecute, is barred, by any guarantee or 
tpromise of indemnity given by the Public Prosecutor, 
cBejfua^s the desire of the petition, but in respect of the no* 

5 



\S78 WBST FO&T . MU&DKM* 

'.veky of the case supersedes furthfr pn90ii^idgsifi./ft^jpfA- 
;cognition hefhre the Sherry at the Jnstaqi^f^ Qf the. respond- 
ents, till Friday night at seven o'clpeky.iii (irder that ^Wi^ 
liam Hare may have an opportunity of lUMplyii^' to the 
i Court of Justiciary.^ . 

- <^ J^To^^.— *The applipation which, has Ibeen ppade to. the 
, Lord Provost ;for liberty to siee Buxke,. by thci^private pr«^ 
i secHtors, is not before us, but remaiqs ta be.cU^|x>8ed oi by 
i the Lord Provost/V 

This judgment of the Sheriff was brought mider.ceyiew 

' of the Court of Justiciary by a bill . of. advoea^o, and of 

-suspension and liberation for Hare, which jcwne oa -fiyr 

'discussion before; the Court on the ,36th of the same 

inonth, when . . , 

The Lord Justice Clerk saidy—^After. hav)Qg heajrd 
the counsel, I have now to state, that the Coui^t have re- 
' solved, before giving their opinions^ in. the firit place to 
, make an order on the Lord Advocate to make 4|iiy ansic^ 
• to this bill that he may see neoessary. The Qaurt.^e^re 
,to decide this question in the gravest manner, after. i»eeing 
(informations ; and the counsel will make .arrangements jTor 
giving them in as speedily as possible. ... 

Informations were then ordered to . be Iod|piy4' ^ Satuij- 

•day following. ^ 

i In obedience to this order of Court, .answesf for. the .Lord 
Advocate, and Informations for Hare and tt^ relatives of 
Wilson were accordingly lodged ; and their J^ordships, on 
•the 3d February, proceeded to : pronounce Ju^ment 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 obffnn^e the gi^acded 
terms in which this order is. conceived, cailing..upQn him 
pnly to glye such information as. he. fball. deem. poopeiit 



and t)iiH reUening htm from the neceli^y of qiiestioiMn^i 
the power, even of this Court, to require, in> this shape, a 
disclosure of the ghiunds.oa which the I^ublic Proseeutoc. 
has beeu guided in the exercise of his official discretion. 
Influenced, however^ by those, feelings of respect which the 
respondent has eveif endeavoured to evince towards this 
High Court, hie readily submits the following statement, 
m deference to their wishes, on so extraordinary a. case. 

The murder of Mary Docherty took pliace on the uight 
of Friday the 31st October last; and. on die evening of 
the following day, William Burke, Helen M^Dougal, 
William Hare, and Margaret Laird, his wif<&, were takeii 
*into custody. On Monday the 3d of November, Burke 
and M'^Dougal were examined before the Sheriff. These 
persons, as your Lbrdships have had occasion to knoWs 
d^ed all aceession to the criiQe. 

On^tbe 4th of Nohrember^ William Hare and Margaret 
Laird w^re es^ainined by the Sheriff. In the declarations, 
then Emitted by them, they both positively denied all access 
sion to the murder, and stated that Doeberty had not.i:e7. 
0eiv^ tiny violence from any pisrson in their fureseiice. 

Hare and bis wife were again, examined by thq -Sheriff 
oq the lOch of November: 

They were a third time examined on the 19th: pf No:. 
vember. 

. At theie examinations they firmly persevered in tbe^i 
fortner denial. , 

Tb& precognition having been completed, was laid before 
the r^spondetit, in-order to be finally disposed pf. A 
^sioiltb had now elapsed since the date of tKe murder; dur* 
ing which period the four prisoners had been k^t mpth 
Mtely fooiA each oib^« butn6 disclosure hi^l been ma^erby 
iUiy'of tbeot, either as to the alleged murder, Ojc a^ ta the 
iparUcipa^ion (of any.of tbep^ri^s ^ciis^; in offering vio^ 



880 W«&T :90RT miBIDfilUr. 



I 



ienoeto tbis deceased j > lAfter vepearted and mosit <Atimo«ii» 
consideration o£ this extnaovdiaary 'ciascv «t ap^arre^'^to 
the Tespondent that the evidence, including the exaVni- 
nation ef medical gentleineii, wiifi defecrite^ botb a^lo the 
fact of Docherty hairirig been murdenedy and .as '^ >f4H> 
wais the pei^petrator of the deed -» Conceiving h of'ifhe 
greatest importanoer ^ the «atifilia<;tion >and security of tlie 
public, that a conteiction should be ensured^ the respondent 
ilid. not fed' justiified! itthassatding atrial, cmeiM^c^ vrhich 
appeared to him to be thus defective. H^ w^Jl knew,froi» 
long experience, libw scrupulous a. Scottish Jury onffonn-* 
ly is^ in finding a vei*dict of guilty Tvhere a capital 'puftish- 
ment is to follow;, and he deemed it hopeless to look for a 
oo»tiction, where the fact of a murder having been-coa^* 
mitte^ wfetsnot.put beyond the possibility ^of^qu^timi. 

The only mode by which the iofomuitidii essentiaHy 
Aioantii^ could be procured, was by adinitciag aome^df the 
ddons^ persons aa ^witnesses against the others. : Anotbef 
consideration of still greater importance rendicred dris 
course^ indispensable* . o* ». 

' Some circumstances about this time transpir^d^ wbicll 
led the i^spondeot to dread, that at least one other casa of 
a similar description had occurred. In- such circnmstaBoes 
befelt^it to be histra^rative duty, not to rest totisfied 
without having the matter probed to the bottom ; and' that 
tie should, for the [sake* of the public interest,' have it-as- 
certained what crimes of this revolting deseriptioin bad 
fealty been cbmmitted«-^who were concerned in ehesi-^ 
whether the wbol^i persons eng^^ed' in<'su<;h trai|satftitMis 
iUMi been tafcen into' custody, or if other gangs remained^ 
whose practices might continue to endanger hlinfian Itfk 
0>i»pMfed with such knowledge, even a con^ctMrn^ for 4he 
murder of Doeberty appeared- isMnaterial. Sut sunh^in^ 
ibttoation eodid not be obtained bybriiigtng to trial a|[ 



, After delibeHitely weighing all tJkeee matters itlufqpemv 
fid 4o cIm sespondenli then, . a$ it doea lo bna oow^ .tfaat fi|i 
ibeexemseof a aovod diBcretioo^ aod in the p^ormanQl 
of his pubUc diiftj^ . ciabtacing >«qaally the interest iof tbt 
cMumiittiutj at Jarge, and pf ifae relativenof injured paHi?% 
Jie had .no ^^iee feft but u» follow; that course .he bad 
•adopted. • • > > - 

The only matter. for deliberation regarded mhv^ of the 
iottvtslHiuldLbe sekoled as wETnesses. 

M^Doiigal . positively reiused to. give, any infQl^l|a^ 

The idlf|ioe, tbdriefore^ resled between Hare t^ JBurke ; 
asid &o«[iAbe:»forwiation'Whicfa the respondent possessed^!!! 
tfjppeaiedrto him then, as it does now, that >Burke wAs^tfae 
pmieipal iMurty, i^nst whom it wasitbe xespondenrsidliity 
49 proceed. H«rewaa therefoo^. chosen^ and his. wile was 
taken because he could not bear evidence against her.; ^ / r 
, MThisieotiurae haTingbeen nesolnred upon^ anoirertiire was 
ivade to Hare by tbe autbomty of the eespondent,- with:tlie 
.view to hia beeomiog a witness^ and the proposal, which 
W9A so .made to 'him*p-*«-(and which did not proceed frcin 
bun)«*i«-wa8 accepted. ' He, wasin.coasequenee hrougbt to 
the SheriflTs ofliee (Mtxhe Ist o£ December f for. exaoiii^tiafa^ 
jwhen, by the> authority of the respondent, he recei^ed;aa 
assttrance from the FixKurator.Eiscal^.tfaat.if hOiWould^dis^ 
close the facts relative to the case of Docherty, and to such 
4ilfaer crimes; of a nmilar nature committed by fiuike, 
4if ^bicb hie was; cognisant,, he sfcouId> not ' be bnoi^tit 
4x>.tgrial on- account, of .his accession to any. of these 

'^riaifiS. !. -.:.->•/* . .i . (;•» 

'. . This assttiancerhad no reference taon^ caseonoreithan 
12. 2 o 



lUXt WEST petit MURAftfttf. 

lilioMtef. U wat intended for thepurpMe nfreceWwBtfr 
VtHil^ ilifor«mtk)n which Htre could give^ m order tfakt 
the respondent might put Burke, and aii others concemad^ 
m i^Al-lbraUtheetMii'ges whicli tirigtit be* snbstaoti^ed. 
Iti^vinj^^ it, the tespondeni acted under the knpBenioi^ 
iMd' on- ch^ tfnderstaAdiiig, that when offenee* aie to be 
llrdtigbt to light in the (ourse of a eriroinal mrestifiaitioii 
dM'ilfd on at. the public inetanoe, sudi assutanca altogether 
Moloded trial at the instance of any private party. la 
its nature this assurance was thus of an unqualified dab 
aeription^ aad was calculated to lead the party to believe 
that the possibility of future trial or punMinient was tbcw* 
by antinely excluded* The assurance was, somaaat to be 
understood. 

; In aonsequetioe of thia aasuraiyce,. Hane, eHiited a de- 
^liaratioB, 4^^'ioS ^^^ ch-canistances comwc^ed wilh tiia 
tmrder of Mary Doeherty^ and with similar oHaMs, ia 
wMob Burke bad been engaged^ Of tlie8e» tba mnrdaii of 
James Wilson, Qnd of Mary PoterRm: ar Miudieli, i^ewt 
two ; . aad . it was fronx the &cta. which Hara- so delailad-, 
that ofidenee was obtained from unexoeptiondbAa witnesses, 
«f such auaiuva aa enabled the iwspoadfsntto briog fioew 
wand those, twp murders as sobsCantiya acta io the same in^ 
disiniieiit which charged Borke wi^ the munkr of Mary 
Docfaerty^ By this proceeding, the rcspomisDt ooneemd 
tfaat.ha had fully, satisfied not only the GoJk of public jusi- 
tke, bat the rights and feelings of all those who were cow- 
ocoted with the unfortunate individuals . thus reffcred 
f)o« .... 

In the indictmeDt, William Hare and his wife were im 
aerted in the list of witnesses, along with M those persons 
whose evidence the respondeat had been able So obtain ia 
consequence of the disclosures which Hare had. madei 
When the respondent entered the Court ^an die day of 



VEST roar wtntDEKsv 



SW 



tftolt it leas his fiiH* iiiiititiofn' io cxamiile Haramkd.bhr 
wife as to eachut* the 'three murders set forth 'i» tWetm<. 
dietaaent' How he was prevented from so doinrg the Cbttrt 
\i aheiadj aware. Had Burke been acquitted of Doehert^^* 
murder^ the respondent must, m the discbai'ge of his duty, 
hare proceedttd to try him oh the other two diarges ^ dSffA 
in proof of both. Hare and his wife 'must have bee* caU 
aikiin^d as witnesses. As it was, they wi^ref both adduced* 
on the trials and itwus from the information obtatnedfBoor 
Hare^ o» the assurance of immunity^ that the fesp^ndant 
conceives he was enabfod to 80cutie a cofivictilMi.> 

The iNaarrant cf imprisontnent against Hare and bis t^ife^ 
aft the public instance^ has siince been witbd^afwn, in ooaae4. 
quence of its having turned out, after the most anxious in**- 
qoiiy, thapt bo crime could be brought to H^ht in which 
Hare had faten concerm^ efxeepting^ those to ishilcb' the* 
dissldemes made by hiqi. under die above mssuittnoe 96* 
IktedJ • . '••..•••, 

i In fegaed to the crimes- so diBcloeed^ whether they -^Mtp 
iaeheded in' the imfietment agwnst 'Buritebrnot^ the feu- 
spoadbnt havings ifn the eonsiientibtte disehar^efhis daiyv 
atttfadrised the assartmoe to bcf gtv^a which' has nowbeeir 
siaCiad, ttpprebeods^ that he Is le^Uy bsimH fifom^prossclit^: 
i&g either «f those persodi at his instance, and he wili not" 
nftakenffy suteh MMitipr. He need not add that he shonU- 
sCfongly fet»l'sach a proceeding^ upoti his part; 'as'di»*t 
hohd«Hrab)e in itself,' iftliwonby' of hie office, and htgMy ia^< 
. juridue to the* adf]»Mstrsnion bi^ justice. 

'Having thus;, in eomptiance with the order of yout' 
Jborilships, giveh ^bd\ infornftation to the Courts as h^'lMUl'^ 
deemed pi^er, in regard td the sicuaiidtt ill whiich' the* 
Public^ Pnoseciltor standi, in reference to the mutdert^ set 
fottfa in- the bill <of advocation; the respondent hds ofily to 



384 WfiST PORT MiraDEBS-' 

add,. that,' upon perusing the said Inll, he finds no statement 
in It which requires any answer on his part. 

The information put ih for Hare- states that the qses- 
tkm now^to be resolved is, Whethter the infbnnant (Hare) 
is protected) from fanher criminal process in orderto pa-- 
ni^iment, for the murder of James Wilson alias Daft* 
Jftmie P It thdn- narrates the facts and circumstances which- 
have given rise to the question^ and.)$tates the legal ghninds 
on which Hare rests his applicatMKi to the GouK.for fibe*- 
ration from prison, and at great fength proceeds to submk 
the grounds. of his plea, and conclude thus:— ' 
( ^The principles of law, and the direct and recent audibr- 
It J now stated are sufficient, it is submitted^ to govern this- 
case* 

>. Even if (he principle of law and. the autborily refenfed 
t& had been less plain and satisfactory than they are, die 
iBfermant mighty with great oonfidehcc^' have: reslkt hin* 
case on the principles of ^^ humanity, justice, and poliey^^l 
which are isaid, olitbb otfcer side, to be atVthe fencidation 
of the rule of law which secures pnot^tion to a witness 
spcius cfiminh^ a6d which, ioideedy pervade, and^are inttf* 
woven with, iev^ry pan of thfe* criminal law of Scotland^ 
and may legally be appealed to in the dbseiioeof any other 
guide. Every thing adverse to these prineipies^ and cer« 
tiottly evetfy iwvdty adyelrse to theoi, must be repugniint 
tp^the 8{>irit. of th^ law. Th& proceedings which the infor* 
mabt nbw resists areof this chi^factei^:; while the prayer be 
has preferred to your Lordships is plainly in tinison with 
thosQ gteat |>riociples which ^reat the^ foundation: of our 
criialinal €ode, and are intermingled with the administra-*' 
tioti ctf it, Yiour Lordships have before you th^.caseof a^ 
prisonei* who haiai had the mit^f^rtiuie to be accused by the 
Public Prosecutor of acts of murder, p£ whic^hrhemajfr hw^ 
been innocent or guilty. Let it be taken either way. Sup- 



WB«T PORT MVKDERS.' SSff;. 

pose him to be» as hisadversaHes describe kiiii,.a.ddinquenjt 
polluted by crimes of. the blackest die— one of a frate^aity, 
who conspired against the lives of the lieges, and who jCar^r 
ried on the work of blood with a secrecy arid a succe^ 
which the firmest cannot bear without trembling, or H\e^ 
hardiest- without :hocroc--^-le€ the prosecutoirs describe hi$ 
character .and his crimes in any language. they f>llea^-<^-r«uI^ * 
inJbis case, as in every .other^ justice .must ;be obsery<rd> and 
the law must be administered in the spirit of hUmaoity^r 
and mtb a view to future conseijuences,: If be has redllyi 
been a member of such a conspiracy as is ailQg0d, the* 
greater, ist. the benefit which, be has coniierred updn the pub- 
lic, by laying open all the bidden acta iatt4 secret, ramificju 
tioBB of tkaft doisfederacy,' and .'the greater the danger t(> 
which, . in. the j^vent of tidal, he has exposed htmself by 
giving' any infbrmaiion or any evidence whaitev^i; in re-? 
gand to any of its transactions and deeds. Bul^ he madie a 
caomfiaci with the .representative of* the intefests-of thfi puln 
ho;; and he has given to the public, by their' repr^en-tar 
tive^'the bahefit of all his knowledge of these transactiqas, 
in consideration of the community havipg released bfrn 
firom ^all claim far puiushment* • This, compact f having 
been acted upon^-^every information which the ipfornvant 
posseased having been drawn from him-r-be having been 
puUkclyt €i^W uppu to appear as a witness in. regai)d. to the 
T^ery. . murder . jaow under consideration"— he hiving been 
placed) ia the witness-box, and having .publicly given evi-^ 
detice in. relation to a .part of those proceedings to which 1^ 
i^ p«id to.hai^e hoen accessary, and having thereby publiqiy 
QOMected himself with the chief aqtpr, whose conviction he 
eoMined;'. and; ..having. exposed; the ay stem, and laid open 
the -sources of evidence, and thus .furnished the means of 
briffgi^g. himself , to trial,, .if that . were conipe.^^qt-^bor no 
down with. difficulties and surrounded by perils^ by whiph 



2tB& WSBT FORT MimDEJtl?. 

he would not dlherwise bare lieeo envifbr»cl-4tb« sir^ogtlr 
of his defence impaired or taken away-^is it conalttoiit 
with humanity, or justicei^ or poiicy, that two iudividiia^ 
fiien^bers of the comuiuiiity, who all the while lay by wUhK 
Out (living notice of such intention, should now comefor^ 
wi^rd, to violate public faith, and t»>tarn the information 
given for the benefit of the public against tlie life of him 
who gave it, in retianoe on the compact be had entered in^ 
to with thePublic Prosecutor? £v»y principleof bumanityy 
of justice, and of policy, is opposed to such apcoceediog. 
There is i^o precedent — there is aoauthonty for soch^ pso^ 
ceeding. The informant acted in the.belief ;tbat he had 
secured his protection* The Public Prosecutor act^ ia 
the belief that he was^ entitled to secum, 3Mid had secured 
to him, that protection, and bail dona sfio. for the iiltmiat» 
benefit of the public, in securing, the oonviotioa and puo^ 
ishment of an offender. If both parties erred in their ihk. 
tiond of the law, they erred in Gommoiiwith> a qiioriaa o£ 
your Lordships^ number, cUscharging the most, jmportant 
duty of the Stipreme Criminal Court. If. tfaeiaifr ia-^now, 
for the first time, to be (feclared against that uodecstandu 
ing and opinion,' let the Operation of this new deolaratioii 
be confined to yu#ttr«r casts — but let not^his new state -df 
things — this alteration of a deliberate judgfneat of the Sin 
preme Court, operate to the prejudice and inJ4|ry of the iim 
formant, vvhen matters are, in respect to hin,no longer entire. 
To do' otherwise would be productive o£. no good* objeel^ 
The ends of j ustice would not be thereby pcatnoted. The 
public Juith would be broken^ .:a.nd, ahove ali^ the iiiforBMtta 
cmldivot now have afcAr triaL Thdse condtdetvitionB' ^tv& 
him a sufiicientclaimto the ioterpositHmoiyoutt.Lorchbipd 

to prevent further proceedings, against hioi 

The Information given in for the rehtiTe&c^ James 
Wilson is also of gcat length. It is there staied«^ > 



vrXST POKY MUAOBRS. SSfT 

1 . That llie right of the private party to p^secute is 
not controilabie by the Tubiic Prosecutor, dtid ii imlepeD- 
dent of b^. 

The |>ros0cutora state this as a fundamental and oonsti- 
tutioaal prkiciple in the criminal jiirispruden<ie of Scot- 
land. It is not an atitiquated right, as stated by the coun- 
sel for the prisoner, but is recognised by the latest author- 
ities, and is consistent with the most fundamental prilficiples 
of our practice. There can therefore be no question aa to 
the title of the prosocutbrs. They state themselves to be 
*^ ll)e nearest kinsn&en of the deceased, demanding tWe 
vengeance ot the law on the body of the culprit if he is 
found to be a murderer."^ : 

. Xegaily speaking, there are only two sitiiaiions in which 
a prisoner can actually plead indemnity ih bar of trial, \iz. 
FretiQus acquittal by a Jury, or rnnission by the CrowlS. 
^Tbese are the two coristitutioiiai modes of freeihg ail ae- 
eused party from the consequences of alleged crime, atid 
either of them ^ an effectual bar io trial, wbether lat the 
ioaliano^ of thePuUiifProsebutor or' of the private party. 
But the point which 'the prosecuttii*8 are anxious to dstEi- 
biaab is this, that whatever may be the natuke of thejiri viUe 
arrangement between tbc Public Prosecutor and the crimi- 
iia1» and whatever may have been bis tndticetntot to ^ve up 
bis rig^t of calling 'npo!ii him to answer at the bar 4}f justite 
for the crime of which he is guilty, that arrafigeitieot eaq- 
not deprive the private party of his right to insist for the 
full pains of law. If the law contemplated the power df 
the Public Prosecutor to deprive the private patty of his 
right to prosecute, by arrangements to which the latter is 
na pariy^ it-bad better decTare at once, that the private in- 
stance shall be alt an end, because it virtually would be s0. 
The asseru4>n of the prosecmtdrs, however is, that their 1^ 
gal right to investigate the circumstances attending the 



S^ WEST PORT MUR0SRS. 

death of their near relation, and to indict the acdused party, 
'if they shall find suflicient ground to do so, cannot be inter- 
fered with by the proceedings of the Public PlxweciHor, in 
-cii*cumstances over which they have no eontrol. They say, 
^hat this doctrine must be held, because it jlows as atiecei- 
-sary and irrefragable oons^queince from the constitutional 
right of prosecution, which has been proved to exi^t. If 
the right be in the private party, how can it be wrested 
fVom 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 hatid, the iliw gives- no power of 
depriving them of that right of demanding justice and 
vengeance which it has vested in'tfaeta ? 
^ In point of form, indeed, it is required that the Lord 
Advocate should grant his concourse to a prosecution be- 
fore the High Court of Justiciary. But this form iis es- 
tablished, not for the purpose of showing that bis permis- 
fiidn to prosecute is necessary, but for the purpose of sbow- 
' ing that there is a public injury to be vindicated as weH as 
a private party to be satisfied.* 'Accordii^gly, the Lord 
Advocate' has no right to refuse >his conoCouitsDe. If be 
should refuse, he can be compelled to grant it, for this very 
reason, that it is not in arbiirio of him to deprive the pri- 
* vate party of his legal right. The law was so stated by 
Lord Alemore, on the complaimt of Sir John: Gordon 
-against his Majesty^s Advocate, June the 2lst 1766,' and 
tbe same doctrine is laid down by our authorities.--- 
[Hi^re quotations in support of the above doctrine are ifi- 
troduced from Burnet, p. 300 ; and frbm Hume, vol. ii. p. 

123-] ' 

The Prosecutors pleaded, II. That the bocius criminis 
is only protected by tbe indulgence of the Court with 
regard to the particular r crime as to which he gives evi- 
-dicnce. . . 

7 



WEST PORT MUKDfiEs'7 489 

' Formei'ly af ' sacius criifiihis was not received as ' An' evi- 
dence in the criminal Courts of this coiintry, becaase of 
the interest which he'WaB supposed to have in establishing 
the guilt of the individual accused, £[nd thas freeing him- 
self from thfe imputation df the crime : and the practic^ 
which has lately crept in of affording an indemnity to the' 
witness, for the crime as to which he has ^iven evidence,' 
does not appear to hafve been recoghised until subsequent 
to the case of Jameson in 1770. In th^ cas^, accordingly, 
of Macdonald and Jahieson ifi 'August ITTO, when the 
objection of a witness having been jfodus criminis Was fully- 
deba:ted, the Prosecutor in an^wier did not say that the 
witness, by being examined, would thereby be exempted 
from prosecution, but only that he might hope for' impu*^ 
nity^ while the usagje, at that tirtiei of granting special 
pardon, to accomplices for enabling thetntb give evidence,' 
confirms what has been* stated. At'w^hat period a differ-' 
erit riile' cafaie td p"revail doef's not appear; ' Batih Hume' 
conceives -that the practice m^y have dommenced frofai the' 
role introduced by 21st Geo. 11. cap. 25, ^s to a p^rticiilaf 
offtrice. •' '- ■ '-' -•" • * ■ ■' '•• '-' '' ■''"'' ' • "• ^ 

The doctrine niai&tdined on the part of thb prisoner is,' 
that he' is relieved, n6t only from the conseouences dt-' 
tachiAg to his participation in the crime its to which he has^ 
been examined, biit also as tb others, in regard* to which' 
the same partieii may have ^been implicated, but which 
have not b^en "the subject of trial. This argument ex- 
t^nds the doctrine of indemnity much farther than it has' 
jret been carried. For the question underwent grave dis-* 
cnssibn, and the practice, as then followed by 'Public Pro«' 
i^cutors and recognised by the Bench;' is distinctly stated 
by the Learned Judges -in ithe case of Dbwnie, who wa* 
tried for high treason in the year 1794. I'he discussiori 
arose upon certain questions being put to a witness of the' 

13. 2p 



SQO W«BT IfOKT MDJIDSBS. 



V, 



name of Ai^tcbeson^ tending to crioiinate himself^ The 
danger had been pointed out by the Counsel for the pri* 
8oner, to which the course of the examination might lead^ 
a? the witness m^ht confess that which was sufficient to 
qonyict him of the crime of treason. The doctrine laid 
down by the whole of these Learned Judges is this, tha( 
for what the individual told the Court as a witness, he 
could not afterwards be questioned ; bpt they distinctly 
state, that if the witne^s^ after beipg put into t|ie bo3(,, re-; 
fuses 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 weU 
known : after which it proceeds to the examination of the 
suspender, H[are, as a witness on the trial,J After admi- 
nistering the oi^th to the prisoner, who was brought for* 
ward as a witness upon the trial alluded to. Lord Meadow, 
bank stated to him, *< Now we observe that you f|re at 
present a prisone;r ip th^ Tolbooth of BflinbMrgb^ 4|XKt 
from what we know, the Coqrt under^tant^ that yo^ mu^. 
have had some concern in the transaction now und^r in- 
vestigation. Il is therefore my duty to iofbrm you, that 
whatever share ypu upight have had in that transactioiv if 
you speak the ^lAth^ you can never aft^wajr^ ]^ <me3-. 
tioned in a Court pf Liaw.^ I^ord Justice Clerk-<-r<< Toi^ 
will understand, that you a^fe called here a$ a witness re- 
garding the death of a^ elderly woman of the name of 
Campbell or M*Gonegal/' « You unjdersUnd, that it ia^ 
only with regard to her that you are now to speak ?"* To 
thia que^ion, the witness replied by asking, << T'ould wo-. 
QQJin, Sir ?'* Lord Justice Clerk, ^ Yes.** ftut what ia 
perhaps of still greaij^r importance, it will appear thiit li^ 
iiras not permilted u^ aiiswer que^tipns which mg\k\ c^ePt^ 
wm hate been of importajoce tQ the indi^idi^U then ^ffm. 



wKftT poliT sidADxai. 291 

♦ 

trial, upon the ground that he would not be protected up* 
on so doing. 

From ail 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 2dlyi 
That he was distinctly warned that he was not bound to 
answer any question with regard to the other murdera 
contained in the indictment, because as to kny other mur-> 
der except that under investigation, he wa& not pr6tecte4 
by the Court 

- The present question therefore stands thus: Hitherto a 
%itneds has only been protected from trial for the particu- 
lar crime as to which he has given evidence. The prison- 
kir has ^ven none as to the crimd ot which h^ is now ac- 
cused, and therefore he has not been placed in that situa- 
tion which entitles him to the protection ot thb Court 



When th^ Court met on 2d February, the Bill of Ad- 
vocation for Hari* ag^nst the nearest of kin of James Wil- 
mbn was called. 

Mr. Jeffrey, addi'essing the Court, said, their Lordships 
would not suppose that he had any notion of resuming 
the argument, but the ease was broiight to such a point 
that he might be indulged id making one remarks It wais 
maintained on the part of the suspender, that th6 I'ublic 
Prosecutor was entitled to msike a cotnpact, to which coin-v 
pact their Lordshifps were bound to giv^ effect ; that their 
Lordships had no discretibn, but ihui it rested entirely 
xrith the Lord Advocate to enter into atiy compact, and to 
extend immunity to any nunibei- cf cases without the cott^ 
trbl of the Judge ; in efhc^t, that tHb Lord Advocate pos- 
aessed the 4Micoiltloll^ pbw^t t>f idetcKsih^ tlie tLoyal ^re. 



^92 WEST FO|.KT MURDKft;?. 

rogative ; and thi$ tie might do, npt merely with respect Xq 
the particulaV crime as to which a socius criminis was tp 
be us^d as a/witnessy but might exteod it to a)I other 
crimes of yfiich he may have beeo guilty- Whepever 
the ^ord Advocate stipulated an immxmity, it seemed to 
bfe maintained that a sufferer by house-breaking, fire-rais- 
ing, or other crimes,, was to be deprived, of his right as ^ 
private party to prosecute the guilty perpetrator of th^ 
wrong, an^ that th^ Lord Advocate had a power to ente^ 
into a compact by which he could grant immunity for of- 
fences past and future, known or un|cnown< Such a pre- 
rogative would be investing the Public Prosecutor with a 
power of pardon, which only belonged to ,tbQ Crowo, and 
this too without a tittle, of authority, and ^totally different 
from judicial authority, amounting to an a^sumpiion of the 
prerogatives, of Parliament. 

Mr. McNeill stated that he had no observations to 
make. _^ 

Lord Gillies expressed his thanks to the Learned Gen- 
tlemen who bad .argued this case. The p^pe^ were 
drawn with i^uch care, and: with an ability and prompt- 
ness 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. ques- 
tion to be. Whether they were to affirm the judgment of 
the Sheriff and. refuse the. prayer of the pecitioh to that 
Judge for liberation, or to grant it and liberate the pri- 
soner Hare? His Lordship conaiderefl the. question of 
law to be. an undecided and open question. ' The facts 
which gave rise to it were but. top well knpwn. They 
were of the most atrocious character — murders committed, 
not from the ordinary mptive pf revenge, or of robbery, or 
to escape from the punishment of other o£&n6e8,r^but its 
pl^ect was indiscrin^inate mur4er for..d^^tioii[b wd cold^ 



« 

Uooded tra£^c rendering the criote profitable in prapor-> 
tion to the i\uruber, of. its vic^ois. . These atrocities seem 
to have attracted the no.tice of the Lord Advocate^ whose 
cpndu^ty in all th?se proceedings, he considert^d highly 
ineritoriovis. W^e were all much , indebted to that high 
officer for the wisdom and pirud.ence with which. he had 
conducted the business. There can be no doubt .that the 
same feelings, aiid wishes existed jn. his Lordship's mind 
as. in that of every pth^r man \ and his Lordship thought 
that if ,be could objtai^ tthe pupisbmeat of two^ or even 
one pf the murderers, « great service would be rendered 
to the piit>lio, The«result tpo foUy Justified hJ3 Lordship^a 
ipea^ures. ' It became neces^airy.tq collect evidence of these 
(^irimes, and 9 body of it had been .collected— -such as eoold 
not, perhaps, be obtained in any other pari of .the. world 7 
imd w^hat would the consequ^iees have heen.if such crin^eft 
had e^^ped. altogether Wilthbut punisliHient ?\ ' It was foD 
thi^ purpose thajt he caused the proposition to be made tq 
Ha^e,, which. w«^i stated in. bisLordship^a ansiwer. ^lAnd 
JUordj. 6iilip9. e;^pres^d:;hia. entire approbation of; faiar 
Lprd^hip^.cQ^duct.. The Lord Advocate igave his asaun^' 
ral^ . <?f (Pardon. „ That . . a&su ranee . waa .properly given.^ 
ft^ hfida^powe/tto promise nemia^n, .and Hare was.* ea« 
titled to ask. and bargain for it ;. and m man ^an look in^ 
the case without b^ng aatisfied that Hare was entitled to 9 
remi$^n for the important information. which he had slIj 
forded tp. the.Public Prosecntor. On this very informs^ 
tion the indictment. against Burke was raised, accusing 
him of three; different acts of murder. Annexed. to that 
indictment Harems name was in the list, of witnesses^ and 
he might have be^n examined. on any. one or^ all of the; 
three charges. The Court pr^otfounced. an interlocutor^^' 
linuting the trial to, one of these-*-the murder of Dochertrf. 
^|)e.only information LofiLGiUies had aatd the trial wav 



WIEST PORT UHftlME-lU. 

derived from the papers, and the$e referred to opinioti$ de-* 
livered at ifae trial, on which he eould not venture to offer 
an opinion, as he was not present. But in the informa-^ 
tion for Hare^ there was an, explanation which wa» not $»* 
tisfactory^ of the opinions which were said to be Contra- 
dictory. 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 qualiied to judge of 
the Vaw. The impressionsi therefore^ tnade on Hare by 
those opinionb wer^ more important than the abstract law^ 
$B they must have regulated bim in giving h^ testin^otiy, 
in as far as his belief thiit he wds safe was concerned. He 
would, therefore^ without reference to what hkd pasaed ac 
ibe tvial, express bis own opinion whether or not tbeCourS 
"was entitled and empowered by law to qua^ Ibe ptxjiceed^ 
ings in consequence of what took plaoe at the eotattfimilicMt 
on the tvihl ? . His Lordship held the right of it privafte 
party to piioeecnte for murder uudoobted.: The iMfblraiii^ 
Umi for Hare= says it is an Antiquated • pi«vilege^ It was 
Boi aimiqiurt;ed* He had himself been ecMiittel in a'oaae 
ffom. Aberdeen; and tKere were many eaaea of txUi t6t 
Sargery at the instance of Bankd^ In Captaiti M<K3d4K* 
Boch's case fmm Aberdeen there waa no objection hinted 
alv eitheif by counsel or the benchi It wati a sacred riglit^ 
as much so as^ if exercised at the iaatance of the Lord Ad-i' 
vbcate; There are not many cAsed of trial ^r assy tfemem ;f 
and none are noticed in vhe informations. It is due in 
three contingencies*-^ when remission* is before Crial-^when 
the accused is tried by a Court Martiat*-4iBd when he ia 
ftigitate or outlawed* H^ Lordship would not say i( in 
any Other, case assythment might be found due. What 
pieventk the relatives of the poott.^ Wilson- from sdefttg? 
Thefitamd principles apply in this dttue aa if the persoitf 
imnrdcred Uad bceH the bighoM^ia the land. Aft his 



reUlives to b^ controlled by tbiei PubUe Prosecutor^ 
Though Hare was adm^t^d as witaesa oo the trial fat 
Dophect/s murder, ajid promieied an immunity for kis 
participatioo in it» (he Lord Advocate can neither de- 
feat nor control the right of prosecution in Wilaon'^s' 
relatives^ nor unless in a case wher^ the witness pro« 
mised an iminunity ha^ been actually exfunined and 
borne testimony. If a prosecution at the instance o^ 
the Public Prosecutor for murder is followed by death, 
that is conc^si:ve^ and shuts Qi|t ptoqess at the instance 
of apriyatie party. If* there is a remisMon^ aasythment 
is. competent;, and if th^re be ap acquittal, there oaa^ 
be no process. There is nothing of this kind in tbe present 
case. His Lordship stated that the avowed object was to 
bring. Hare to trial — ^tbat 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. Tbe practical result was. important, as 
^al;e would not suffer de^tb. H^ reprobated tbe plea that 
tbif case should be decided, on principles o£ humanity, jus~ 
ti/Qe, and policy. It wa^ not. what judges held to be siidi' 
principles — ^but what; the law lay fii down tbut is to r^ulate 
tbem. The true question is. Whether the Conrt his 
ppwfer to prievent the trial ; and he was satined that neither 
th^ lati? por the constitution an.thQrised.it« He went into 
a y,iew of tbe biatofy of the law upon the subject of ad* 
ipitting ^ocii critnimB, ajad referred to the Act ^l^ Geo« IL 
e. 31» as for tbe first time intrpdu^ping what wae previously 
Y^uknown in our law; H^ considered that act as. a resting 
"p]^^ in thei progress. oC tbe law. upon tbe subject-Uand the 
o|il^ satisfactory on^— and it was giTen under limitations. 
I^ was afterwards ey:teinded» and he was not sure if it was 
vire|^ and wiiely.do^e. His Lordship then referred to cases 
sip^^bt^ tiine^ endf after other illustrations, conclMded by 



expressiag lAs <^nion thaft tbe biH sboul^befi^us^' and 
tbe inv^fltigaliokis allewed tO'ppoceed. ...... 

. Lord FiTMiLLY apl^mved oF^he manner iik which the 
case badi been 'conducted. He did not consider it Acoessary 
to take notice of the proceedings at exaxninatidfi' on the 
trial^ of which there is no authenticated record. The 
question was, whether they were to stop proceedings or not 
— ^nd 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 doncerned, he should have been 
happy- if he could have concurred ; but there was a princi- 
ple, involved which prevented him from doing so. His 
Lordship took a view of the practice with regard to socius 
criimms in reference to "the Public Prosecutor and to pri- 
vate parties*; and stated that the old law of this country 
e&clvnied tbem». The law of England admitted them frbm 
theXrst; but more recently our late decisions and pi^dttce 
admitted them in every cas^. Such a system coutd oifly 
be. introdaoed graduaily* His 'Lordship differed 'fVpm 
Lord Gillies in his view of- the act Geo. IL c. 34, which 
introduced a. particular rule of law for a speciill casew- * It 
was hot a general act,- and laid down no general- rule, but 
rather an exception.* The 20th section enacted a riile dif- 
ferent, from, that in 31, and the act could not be con^it}^!^ 
as! a resting place -in the history of tbe law as to sodi* His 
Lordship t^en went into af review of the cases applieafa^e 
t9 this point, and the principle laid down in the cail^^of 
Smith and firbdie had now been uniformly .acted' upoGf'Q>r 
a. period of lupwards of forty yearsi The Lord AdvocaCe^s 
statement was highly sarisfatstoty, and every one must i^fk^e 
in approving of tbe whole course of his^roceeding^' His 
Lordship could not, after: procuring-, all the informaCi^ii 
whicli Hare afforded on tlie faith of the promised inaipunijly. 



WtST MftT MUltOSRS. f97 . 

tMln rotmd aiid proceed against him, because he had not' 
beeh examined on the two «ases loot brought to trial. He 
next considered the Tight of the prirate 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 Dochertj, at the instance of private par- 
ties; yet it is admitted, that in the case of Docherty the 
right of the private party is controlled, and must be con- 
trolled. 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 Frbsecutor, which, for the public good, must not 
be broken, required that the liberation of the prisoner 
diould be granted, and the proceedings against him 
stopped. He felt most intensely for the relatives of James 
Wilson— hie 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 Meadowbaiie 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 war-' 
mnt of commitment against Hare, it would be to him a 
mibgectof humifiatioa^ffnd endless regret. His Lordship' 
difRnred from his brethren, who considered the admissi-* 
Inlity of a socius criminia as of modern introducUon into 
the law of Scotland; He referred to the authority of Lord 
Hailes^'and the trtak of Lord Morton, and the Gowrie^ 
inspirators, to show that socii were received as witnesses 
of old) and that remissibbs bad been given for the purpose^ 

of obtaining theijr evidence. His Lordship went into dn 
13. 2 d 



S^ WSST TOET M]Vf BjK^S^ 

elpquent f^ndjeatn^d illuptnaion of tb^.njptiqiii^.Qf |»ur 
criminal law in the d^ys of the justiciar, ^nd preyiou3 to 
the time that the Lord Advocate was invested with his. 
preset^ power^ and maintiuned that at no perio^ in the 
law of Scotland has a private prosecutor ev^r enjoyed the 
power of sueing a criminal without beiog subject tp control 
by the Public Prosecutor and the Court ; and h^ held that 
"veheo the king created the Lor4 Advocate Public Prose^u^or^ 
be also must be held to have invested him with all tl)^ 
pqwers necessary for explicating the duties of his office.' 
AmQUg these the power pf remiisiou of offeoc^^ for the 
puipose of obtaining information essential to the public- 
welfare must have been transferred. There never had^ 
been a prosecution of a socius crimwia at any period in the. 
l^tqry. of the Court when he had: obtained th^ prpn^ise pf 
ipdeipnitj from the Lord Advocate, §pid given ipformatiw. 
and evidence. His Iiordship was therefore for quashing 
tjie proceeding*. • 

. Xord Mack£N2is said, although he had been anticipat- 
ed in what he had to offer on this subject, he considered it. 
his duty to express his opinion. As to the ipatter of forip^. 
he was of opinion that Hare i^as comf^etently. befoce the 
Court^^n^ it was necessary to, decide whetheK. he had a 
sufficient prple;ctipa by the cojp(ipy;t with tt^e Lord Advo^ 
cate gainst fiGirther proceedings^ He held.tl^at :(.h<^. calling, 
of a witpes$ who was a^oat^g^ves* an implied p^o|ep.tion^, 
i(nd this he held to be fixed by. the ca^es of i^rp^ie im^. 
Smith, followed by all t|?e cases .e.Y6r sinpe, H/e, Q(>nfJ4j^J^4> 
t^at Hare had this protectioi^ both for th^ pase of JOpc^hexfy* 
and Wilson. The, course of the Lord Advopate i;)ja4 'P^r 
most wise and expedient ; aud tbi? wretched man, ^are^ 
had acquired an immunity ivt all t)i9 three c^^fe^ ii» cons^-*. 
<(uence of the pron^se held out to him. . Con^c^ering t,he, 
«y^«?S^ t#4pc^d oil tlfe. trial of Bu^lfij, it ^/la.iifiBfjM^bl^ 

A 



to iBo»tetni)late Hai^'d escape without pain; but hh tnkini 
liot die hf a perversioa of the law, which would shake aH 
<^n^dA(ce id the fair afed steady administration of justio^'. 
Lord Alloway concttrred in the views of Lord Gillies', 
«nd feXpressed his opinion at cohsid^able length. He iip- 
^abded' the Lord Adrocate, Whb had acted in a manner 
'Wortliy of himself^ tod of- the high office which he held*. 
His conduct had be^ii distinguished for wisdom and fimt- 
^ess, and he had ndt ii doubt that the Lord Advocate was 
fciound to ^o to tiife CWwti for a remission to Hare. Thfe 
Ch)#n, he held j was the oinly source of toercy. - His LonK 
i^ip cotbid hot approve of any authoriiiite drawn froin tUb 
pttAci^ce^ of periods in our history which were, a disgrace 
s^htt ^bfotninktion— ^nd he cbUld not think of ilesting- iaif 
bf our kW oH Jirecedents drawn from the trials of Lei^ 
•Morton knd thi^Goirrie conspirators. He heard that thi 
Xtidl dn which Hkre Was examined was only oh thfe case of 
'J)bdiertyj not of Wilson ; and if it was not the casiA 6f 
Wilson, his examination in thfe other case affcNrdfed'him tH 
^otfectibh. All other cases except Dbcherty's ilrere ex*» 
eluded, and ihet'e was no other before the Jlirjr. Th^ 
Statute of Geb. tl. was in viricH observaniia: His Lord«» 

, • • • ft 

Bhip was for refnsing the Bill. 

The Lo:BtD Jusrics Clebx said, that considering this 
case as one of very great importance, he had prepared hii 
ibpinion upon it with gt'eat care and anxiety, and as he bad 
dictated it, he would now read it without any ^poiogyi 
After some preliminary remarks, that opinioh was express* 
«id iti the following tercos i-^" From the statement of the 
Xiord Advocate, it is placed beyqnd all doubt, that, whh 
a view to the publrc interest alone, he resorted to the course 
iherein detailed, and considering the atrocious, extraord^ 
iiary, and unexampled nature of the crimes to which hii 
attention had been called, the infinite importance of ftvoif4-' 



460 WJSSX FOAT MUlll^ikRS. 

ing the risk t)f the escape frpm punishment of all. who then 
appeared iinpllc^t€;d,ip these erimes, and the immense ad* 
vantage <]^ a, public example fiom a cpnyictiop^ he'tiid ex^ 
erci^e a wbe and sound discretion in betakins: himself to 
the evidence of Hare and his wife, and giving the assurance 
Btated in his answers. It moreover appears to me, that 
the ;p:^opriety;. 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 
Jesuit of the trial and convicdon of Williafoa 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 Docberty^ (the Public Prosecutor having thefi, aficofd^ 
ing to his own stateipaent, no sufficient information regard-^ 
ing the . murders of Wilson and Faterson) and had StileA 
to .obtain a verdict, against the certainty of which not be- 
iqg the.c^ no one will venture to give an opinion ; it may 
be considei^ed. what WQpl^ then have been the feeling of th^ 
pvil^ic ;in, regarcl to such a proceeding. Keeping the above 
l^rpamstances in view, and attending particularly to the 
nature i^ndstrupture of the indictment exhibited agmnst 
Burke and M^Dougal, charing the single crime of mur- 
der, in the three specific acts of Mary Paterson, James 
Wilson, and Mrs. Doph^rty or Campbell, all alleged to 
h^vfe been perpetrated in the same way and with the .same 
inf^k viz. for the sale of the bodies for dissection, — ^in tlie 
list. of witnesses subjoined to which Hare and his wife were 
included — the interlocutor of the Court finding the xbhck 
iodi<$P^i^^ relevant to infer the pains of law, but Upon the- 
motion ^ of the prisoners, allowing the separation of the 
charges, apd the trial then to proceed as to the murder of 
IV>cberty alone-— the subsequent direction, at the desire of 
th€ prisoiKiirs, given to Hare, to confine his statement to the 
PH^ of Pocherty-^the examination whiph he thei^ nndet- 



W£6T POJiT MURDERS SSH 

went,, both fat the prosecution and the prifioners, is to be 
carefully attended to." 

[His Lordship then took a most comprehensive aqd de^ 
tailed view of the law applicable to the case, which our 
limits will not permit us to give at length, but the con- 
clusion of it is so important that we must give it to the 
public^ as it afTords explanations, whi^h it is desirable thi^t 
every individufd should be acquainted with in a case diat 
has excited so deep an interest] 

*^ If then, the prisoner Hare is legally exempted froijEt 
all prosecution at the instance of the Public Prosecutor for 
any accession be 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 
stiil.be prosecuted at the instance of the rielations of either' 
of the three parties alleged to have been murdered. As 
ta the specialify aitempied 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 at- 
tempting to prosecute for that offence. The nature of the 
indictment — the interlocutor finding the whole charges re- 
levant — and the almost identity of the modes of slaughter 
and intent with which the three acts were perpetrated, an4 
the general nature of Harems evidence— hav^ already been 
pointed out as demonstrating that without a total departure 
from the fairness and justness that must ever charactering 
judicial procedure, it is impossible to deny that Hare did 
mix himself up with matter that had the closest affinity to 
tbe other acts, the trial of which did not proceed at the 
time. It is farther to be recollected that, in the Hst of 
witnesses, there stand included various persons connected 
with, the death of Wilson, the discovery of whom, we ha¥^ 
the ^surif pee of th^ Public Prosecutor, was made through 



,.,/■ 'y r"' W^ 



^Ae'ihfi^rdi&tfbti'^ta* Hafe &fom^;^ UHI -alk) tnakd Wfc 

disclosures as led to the framing oF'tnat' atttttHe othef 
•^hfai^e? ih the inaidthi^nt. 'it te utterly iHipbfesible, thtre- 
ft^e^ t<y View Hare ad a person who hid not $J36kefi out or 
-^eik anyivi^e^e; iieldtive id the tcttuie. for which he ife 
tJbW attiertipUd to be tried. He tkn by no pos^ibShty ife 
4¥|flAiifel4 ift the liitiiktiotJ in which he forineri)r stoorf. 
^Tint^^dr^iiohng&r entire with regard io him^ as ha^ 
been justly said. The piA>Iic has deriired the benefit th^t 
HUds eicpeeted'from hi^ evidence, by the icofiiviction' and ex- 
•^duli^a of this guilty associate ; and the pubHc jfttiik jtia 
'wW pl^d^ed io'hifii'in the face of the country^ iind crdnfinn*- 
^ by the inteVv^tion of the authority of ^thiW Cbdrt mu^ 
l/e pre^eri>ed mvidlkie. Siich is. the defibe^ite opinion that 
'tM%e foi^ni^d, after thef most careful and- knxious consi- 
<tfifcrati^ti'0f kli- that has beeh urged, both ni spekkinganil 
%'wt*iftiri^» tipoh this impdna'nt question, and a tareful ^- 
-Viefw- bf thie ' atithoritifes that- appeared to bear upon it. 
t'SPli^' safnv Opinion I Jbrmerly dkRvered in H most import 
■iekit'Mttge of the^ tridl of BnrTce and M^Dmgaly withtSk^ 
'•iioheUT^rence df* Thy brother*^ tcho were iken sitting with mi. 
-I farh li*ee however to admit, that hotwithstatiding tfaisr cir- 
cumstance, it was iny bounden duty to reiconSder that 
tihpimioh with afi due attention to the able atld i^liborate ari. 
•gttment that wai^Bfered against it by the i^espondentar 
Wtrhsel. ' I daniibt, hbwever, agi^e with thein ttiat the 
'<)j!>iiiioh to which they bbjtcted, and were well iehtitl^d t6 
-object, was one of ad obiter^ or passing nature, aina not to 
<je icdnsidet"^ of impbrfance at this stage of the trial when 
it was prohoiinced. ' It Was, on the contrary, delivered tb 
the Jury, as the opinion of the Court, upon an 'objection 
tirge'd in point of law, iri the most! earnest manner by the 
cbtrtiaef for the prisonel's, aAd which j if well-foubded,* must 
Imivci ^ii& ta th^ destirtictioh of the icredit of- the accom^ 



plfces-who had giy^n ^ifl^gcg. , 3tMe iQm'>^.'9o.ip9iXipS 
the dpty of the Judge who pre^i^l^s i^^ A criminal trial 
py)re sacred thau that of ei^pqundii^g .tbg , lai^ itq aJuvyi^, 
in reference to such an objection \ ^nfi. }\ i>. 9Qpes$ary« th^£^ 
fore, that the opiniop of tl^e Cqui:(,§h9|il4 Jaje given i» the 
post unequivocal terms. It ^f^. • ^^j^<^wg^y,. given iQ Ibe 
purport ^nd effect ^h^t U 8tat^4j^ .^1^ prifHeA triaj, , At 
no man can ^y w^at effect th^ s(ate|pep,t; of! the. (aw hftd 
upon the .minds of the. Ji^ry^r^j^ '^^iV^J ia faQt^ have, led 
themi^ to give suc|;i credit to Ha^e^n4 his .wif?« a§ aQtMlljf 
brouglit ^bput. their verdjct ^gaips( f)urke^ and,<;pn$equent* 
ly.tbat his f^te had been decided bjr it^ I; hs^y^ uq be^M 
^ion in declaring, that i^* I had, upon reflecfiiop, h^exk iOPiw 
YJn^ed that I b^ co|;nmitted ^n ^rror, f^p^ d^hy^red^ail 
erroneous opinion in law to the Jury, I should .have fell it 
to be my bounden duty, without the L^^. regard. tQ popiit 
lar feeling or ciamov|r, to have made suiph ^. r^pr^^entatipit 
to the Secretary of ^t^<f, as might h^ye led, to ^n,altffii« 
tipn of ,tl;e ^ntence of the law upon Puarke* Th? QpntoOd 
however, which I did deliver, iq my- charge tp.thei Jurjli 
^o far from being shaken, h^s bfen strengtiiei^edi 4nd AfHWi 
fimiod by all thaj; I ha.ve sinctj: heard pr . npad' upOH ^ 
subject. I shall only a^d^ th^t if the ojbj^pt^pr^ toj^^ 0D^ 
dit of the accon^Uces, uppn tl^egroi^nd of t^ir;bei)Qg^^fifi 
tiially liablje to ^e tried for^the twp^acts of o^rcl^r. ^gnp 
tained in the indictment, the trial; of . whipK h^4 ^^^ 4ftjr> 
merely beep postponed, had be^n.t^kei?,a^.it qMgh); tp^h^vft 
l?jje^, when Hare,^nd his jyi£e we;re pffered fVI.F«^i*fte?^S» thm 
point would h^ve been fully aFgufd,.and«al«fiii% ^e^aa^^ 
ed hji th(^, Court. ;&ut as it was wi^bejd tilj :(he.^(^^ifM 
U> tjhe Jury, ^very ope k^pws.t^>at i.fcfCo.ul4 :^p pt^^cif^ 
have b^n dispps^4 pf thap J^y de^v^ifig; «n^ ojapHjii . up© 
qn it to th9,;Jjviry.^ I ^vf^byt pp^ -^vfcffdr Jfl^Wj^ ^^n^^ii 



S04 WEST FOftT MVKI>£«5. 

opidiops expressed bjr myself and my bro|hers, in r^rd 
to a question proposed to be put to Hare, and that which 
I delivered to the Jury. I must beg leave, howrever, to 
say, that when the real re» 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 ques- 
tion, if Hare ever was concerned in the commission of other 
murders f^ Upon the competency of that question, the 
opinions of thie Court were delivered, and those opiliions 
must necessarily be viewed as having reference to the ques- 
tion actually proposed, and the injunction which the pan- 
nds^ 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 wit- 
ness inust 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 thelguestion is put in the precise terms on which 
U liod 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 f 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 

^^ f 

charge to the Jury, and I am by no means surprised it has 
so struck some of your Lordships, must fairly be ascribed, 
rither to the imperfections of the report of the trial, or to 
the course of proceeding that was adopted at the sugges- 
tion 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 

c^our law, merely to suspend the .proceedings against him, 

s 



iH^oVBf^t tMtJ^^Si^ilshodldi be' ^ for hi» odntern 

iii^M Slfitk^ d^r^'in'ih^^^^^ upoa wbiqh. bo 

\9a$^ eks^mi^ed'ali' a'-wlMeii^. Such would be the cotine 
Mbptbd hy iifb^ jildg^s oTflnglftiMl ; but, resp'eotiog -as I 
tfe/thfift^feveaind' it^ in'ititutions, I do not, as a Soottiab 
jfaffgfe,' feel inytelf warranted W fotiow it on the present 
iSccisi'on." My ^pintdn is, that it would be equally incan^ 
fieteht'to' ^he thht office >ot' the crown, as it is to tbe pri« 
Vfittt' parties how befbfe uift', to tiistltcite any criminaLprbce« 
Biii^ against Hare; steeped in g^ilc although he be^ inlre-^ 
fflffi6h6(r to the a^d' cbrtti^ed in the indictment against 
Blirl^;%nd I can iiUivf that opinion in ilo degree to be in- 
iltri^nrced; ctvfumaMbh' pk^majuben^tium.'" 
''' An 'interlocutor was' thieri pro^iddncied) passingithe biliof 
ita^ocafioii, (tfifer^by ir^V^fsHtfg tbi^'dkftsioa4i>f the. SfaMff), 
drdattiirig the -Magistrates knd'k'eep&rs bf^the jail of Edin- 
burgh to IKberate the prisoner Hare fn[>h]ffcbbfinelnenty' 
^jfinb^ing'th^ proceedings 'whiMi had'^been instituted with 
i'Viku^ Ho brin^ Hare ' to iAkl *at tbe instance of Jlunes 
WBso'n^ Wearest bf 'kift, tod ordaining the pr^cogdtioiW 
is feady ^tAen' for that* purpose tb ^IHb cani^fled- - 

^^'^ti^tn '& ffli^'as Hwf6'h oone^ttled, these pi-oieisutionflf 
dbinhected'Vitli'the'Iate^^tritlerb ate tfiosed; and iwhaieTev 
iiia^'fie %e 6}Kfai6ds enterfk}«ed'ofiir6f doors :witlrr88pi9etf 
iSi fbe^ CGfnfl7ctiifg views of tbe Jddg^s'iypon the law of the 
case, ft'^niiust Tbe safiSfaWoryUb rhfe o<iumry td 'find^ thajif 
although differing materially on many points in the dis- 
cus^n, the Court were unatiimous in approving most 
warmly and decidedly (^' the iLord Adv</cate^s proceedings. 
And, however deeply every virtuous man may lament that 
a Wrileii^ WfiH is'sb td^trOi o^er'^lth^^rimes, should ^^pe 
tfi^ hands 'c^ justice,' ibis fcH^lfrig ought to bexontroUed by 
the recoll^cttefn that 'eveii 'the giiifty must not suffer by 

13. 2 R 



806 ytn9Ct itQ}f,i^'MWJ^XV^ 

stretches of the! Ibw^ which Da^bt iil9Qi]bi9-fflrviertff4 W. 
oakeAy to the.jruinoC.lbe im)o«^l:itrn-tha^ iifUhaiU tl)« iotoi^ 
mation vjdch Hare has affbrdod^BOVeven oiyeof the^ hew* 
fid ci:enr;of inur(^r€(ra[ woUld haye be^n copv^ictiody or the 
itteana. flffonled of obeckipg a hide^ms ffystf^^t of murcleiv^ 
and-ibat^ by theicoars^. whiob the JP;Mb|ic. J^-roiecutor bfi 
poTBuedi in^giytng lone map wtnuifity, from pifmshqanentfiac 
siKh'iiifoccntttbiH a gvea^b^xi^^U hfi^ b^eo cpiifff i;ed MpoD 
societ^^&r. which bis JLordahip is eatul^d to the graMtlKk 
g£ his couflifr.y. As lo J{ar?,bil09Qir^^ he is moraUjr, .^od 
iki the ejes. of all nlankind^r^jS^i^cpAyided munlerien 
He is ( liberated . for . ihe pp^s^qt: firpiP the jail and the 
gibbet — but he goua forth a^.OMt^^^ on fhe vor|d^ yrifiiM 
fcrand on bis fordiendi tb*t «^i> o^yer be, «ffac^. . Wher- 
ever his. name isrbeaird.ibv.biop^ b«i'WiU be«« U axnid&t the 
exeonitioii& pf .tasitikmd. Kis doom har^iffitec U is not fix; 

9iaa.to.aiitioipftte4 , . 

J The . deltvef y r of th^iii; Lor4shj;pa' opinions in tb^ ii^ 
teie8tlng>case OG^api^ tb^ Q(>i)rt,,upwaf4s of' scv/en 
S*lie;09iict^i!90W: wa^cro^rd^didMric^'il^ whole jti) 

In the format; part of tbis.,iH9ef)W^i^e ^qoamyced.that 
some particulars of the lives of each of the prominent actors 
ki.ibe.Uaek;di;iia)Las'8bj9^l4 be. giy^' . Tb^ press of wit- 
ter diathaa since oecurred) b^ ^ithertot prev^Ated,.thi«j^ 
but we idw prooebdj to redj^ein pi,ir pie^ge^jn^ .^ ^r as fom 
of them/ ill ooQQemedy by briefly, m^^tion^ng sueh tbinjgfs ^ 
have come to our. kihowlf|dge.resp?9i^g J(h^ fiol^nouf; 

. 'Ebis ViUnin'^ 0bfar4«ter . af^mrent}/ has pi»sented few 
traits wbtdb CQuid: if)|erest .any one previous jto his gr^at 
cfihittt .. It.may.be.jisKiigc^d of bjf.p^qturii^^ibe beau ideal 



^QfCf^i^tA^i^k&hm^ih^ti^im^ hf the itibcif>ef«Me wvtli- 
«ibri /^^ty'^iye '. ^tie^k^i^r ^^^didted «f ith him' tf^msi to 
iNA^fr-Kt W4)MrlHgs 6^^«if ^ <iUi#u«il ^iiec'tidto.'' Willi ^ the iaOi- 

^abittt'>»i]d^ nkmi^iki' Itaeiy ^din&h' il^cnts'^ |dl^ iMUte^ At uhk 

Uiv// «Bi 1 vmutd 'justify: thtfiniii ^epiotiwg^ fite bhamctei!. 
i/kff^ it^ira$ nittbiyi^Mttfatft Btricfi hai^ 'before bis^ onmeBy 
«U6pIii3fod mbe'^'theiatttibiittts'bf huimanily, JuiA hafl 
bafmiUiTevytoliffffeQ^ idniuttiiler ifoonv: wtet 'ibis* real ^me 
OiftiBd"4>Cft(>to tej 'it '1MI6 tesMSltiiiil, dkatih^ bi((I>'been;iD*de 
aftaoloiby MiTyianid'^lfajltihDfeiwas the/tiinpter aodidLidii- 
Mai Mie ipffli .hired :faiih on^tb hu desftrifaitioDj apdiiilr 
stsdoted lioM. iuttU JkelibrbMarta; mui iBvurkc^K) kriguage 
favoured the idea. But Hare has amcd^ CKhibilldd^NiEdDDg 
4i|^iliiaiiAirieaad'iraK#efeti]ceiaiidcaUGM6nff^^ 
^uafwtbjr, '^^niohogroaAand' fiinoonecivable itdiidbg^ ih liiii 
ooDdncI) anili;eMi;s9tioh of. bir ^oim^s, ■ as^to fmc^td t6 ikhe 
boosfcaaienjiitiHt^'. hoMB9er*ikiolUied»>he' mSght \fe to veafab 
tbef^dMtOL '«f 'iairbfcity;, >fa0 -waB? not ^civpiby /iof ifeadingr or 
dMoliiigian^'Oae^.-ftr l^sa Bdrfte^LorJavdatuigtfiiDir^ifn! thi 

-z(Inv^ixikii»iiMritti(m 'fa^^^^ i|ifa«t a iede** 

lirlAMbiitsititfy iiiioiifiawrJof i)ib'U^ iCisilitiderBtG^) 

9mi^diiblfihi0f>iiie^^nftirderer« nituiti i» jal)i<%i]^-^$iyf,>ai 
kup^piDioo; itlflitf itf i«ioi»pa44sM i94ch ^urbe,' Uen^mis a 

yiie^k'fddl; albd'ihdtii^ was cobviM thkt he^ouU tlfeyei^ 
be^htfaifiistiHubtor.-' '^''> '• ' ■-' ■ • '■ • '■ 
/> 'He^efi^ribeis Stiiikei to biiv« been a Very inielligeMtnianf^ 
wifg^'^ti^ H¥bdse'toilV«i»5ati6ti m^KI:^(v^ a gt^kt id^« of 
€tftifd<y4i aifti'< 'df)ef]Mb^rtdlf>^s, '^b^dgft 'Ui cmAvIcI. ^^ 

ttMyiki^ swd»ed'rhaf)5py'tflW tb^' P*iifcfe^^^1v4kU\4dA^ *M' 



t808 .w««(r:^WT. xaiftMSMl- 

^hem '$0:119 to iond the rleai!Qiid g^mhmtltir /tt>:mioaric, that 
(M b€i uiid^9t0Qd .perfectly .v«U wluit cbiU^y iwns^bcivighrjie 
4td ilot pracftise iti"' HafeVrMiavmirjapdi^n^wrfff 
w^re. perfectly diSereiit; ; He ^Bqcwded ntil (O) p p«Wift >the 
ilighHest mok-aj .peTcepUon of: the ,«iiDrjpH^<oC : hb leoedslc^ 
■ajid doscribed liilr guilty .flom|)e«r mon^rof ibe Jieal5iiwihilft 
AtMomld^ iwlbo^ would ;part' ajv^ tbinl^ 'b^rhid: in^thft imM 
,witk a beggar* . jEKs aaptet'^i^nnot he^k^htia; .wdl w%k 
Mtf. ICockbtzrn. describe hioi as la^^ts^uabdiiKr^b 4^ «to 
soardeiy. ever aalvr:' a tscire diagniling •spfectmeii ."of.iitfaQM 
fsalnre^ md both ia bis physbai ;aiid tinpnilffloiifbrte^iaa 
tbeibitate aeepiied to.Tie imth.thelirian:fgr:tiia acceodeoajw 
A' continaal idiotic though diaboiia^l laugh bppeaited tozbift 
tipon,hb ooutitetiance^. such asBiij^ hi^;iiBiagi«irt ta/obatu 
jacterizeithe lowest grade of 'fimds;.' . i-i'.i 

lie is a Bativeof Irelhod^ nod i^ilK.btem iBr.aii0.A€%|k 
bob rboed of Xioiidoiid^rity^ and -aflet iroffaiog .mt icoftniMf 
wbrk tb^re he came to Sicdtkiid Mod engaged sBm\ ooaaaon 
labourer upon the Union Caaal,%*and.€oii scaneitifne:aBA8l6d 
in unloading Mr. Dawson^s Goal<-baat&i ' ^h^xe'ke fieii iikowitii 
Log the forpier hnsbaod.of hii Botorioju^.Hiiifaymnd:salnii» 
quently came to lodge in his house. After.tbBraRirk.attlift 
caaal <was !finifih<d:he tookup tbe!trslderof n^tttfvfiUit^ 
tbr^ aad with an, old horse and'ciirytiwieiiil^tfboQtithie ttottlr^ 
adbngfiA,and soinetiQiea jcroaHef^y: wiite,:wbiohihegttye 
in jssichmg^ (or: old irbn» &c. md 9M Hragain >0nVbedefd4 
^vs'm Ediob^itgh. H? med ^bio tojgp db<HU^/^ithiaAi^fi^ 
selling articles. Before Log's death he hi^.lQfi^hJ^;)MuM 
i^ Tanper*s C/p^^ buj «€t«r^rag?i|yi»f>i^^bl^:?»flpt, 4nd 
f^sumed |be priwI^^faj/^Cvtbi? iW^Jfrc^^f ;tbfl;iiWI^,{ildn 
thppgh Mrs. JLog pcver was caiM by/bi»,Wi^ j Jfc^lfe^a 
be<^iBe. » P^ect f^iU^ iim inbabi^nts of tb^ :W^s| Pa)x^| 
jtrom hi^ debaudb^ed d^ssplulf bAbitii mdir^dMds^ hrMt^li^* 



liii'4teitcMt moldDbjimtify ^1ie< dft^iBfimteci ^kll^^cuDJifi jM 
iriih^h>ri!8> ;adc^ciitfli to fijttuicg^as Jieiwincootintkalljiinia 
brawl. He never failed to pick a»quarvel upon > any 'oppoi» 
taDity:^atsdffered,-'aiid aniiidtvidMai .looking at him iHras 
nifiEcifeiiit apology for a .challenge to the combat./ Thoklgb 
a suvry jptigilisC^h^ wasnever ture^ until, fairly disabled v 
and^ihenbuiy drubbings he^r^ceiyed). could not cure hitn 
effhis pugnacious propensities. If no advetEary presented 
hfoistlfontfof doqrs^.beiiraf always aure of one within, and 
hh ivife and ..he: itere perpetually engaged in cQuflicte 
-QThoagh! almost (always: intoxicated herself^ his drunken^ 
nesa idcited. f reqoeo^ attabks from her. Any of tl^e. neighs 
iMUTS wbuld desire -a boy ^' tago wnd tell JjUokffjLQg that 
tiFcflie iflorc' WAS oa the street dciink»''«nd a.iight ikranfo 
idintety. ensued upon their. renoontrei , /,. i • -; .r 

r ::In .oair acoaunt of the murder89.;we:ba(V)e. ftlreadyino* 
•tioedthe share that he had in them, as weli^is hia c<>ndUot 
hpottithe trialand kiimediately subsequent .to it, and, it is 
sunbeoessary to oivepeat it, here;. we... will confine. louitelves 
^dsoDefdief'to some iarther notice: of hia'deportmenK wUleia 
gifd, Jind his advenftunes after Jiberationb At first, ^tJA 
JBi;»irke's ^oilyictioii, be. imagined. tbsCt hii detentibB ^vas for 
theipurpoBe of proilecHrig. him^ ifqd was ; very easy: and nol 
\t all. troubled w/ith compunction'^ bj^t tdtet hisjcuafinpi 
•ment wa& extended to a period(;far';bey(»id, what waaABi 
«eB$ary for iaimediate-piDotectijoav- be began i to betome wt^ 
^asgfih'vhioh.was increaBed when inqiitrieil ah6iU. tl\0 tnturi 
ders weR^ renewed* ..His behaviolur indicated .mtmt .uilbe» 
iDoihing levity, los ^yvelL aa imbecility.. *. He if>paceiitJ)yf was 
attcapabln-oltoan^prebeoding;a|iy thing 'ofivbolral rodkudcu ) 
On the lasli £al)b«th of Aurke'siife^ ai^ when hijai own 
ease was pkndiog> in ^he courts,.' he iaaaidio baye displayed 
ihe tmly aymptxiiBSybf fteling that he : bi»d Kuf^B^ned. to es« 
cape him. • It! was during theitiiscoyfa^or tbd Bir. Mn 



8f0 wEfft voicT nccrEnsmsf 

mttfintiinel J to, aisd Appeared aflEegted iwdMO: 'pdkftted. ■Hniiihi 
#as qiacielo.hipcbnipeep.'' .*• > ! ■ ! " -.•) ":i • ' .■;"•. 
; On Aae M )Eetimkry^ iand pobably^witfaiii haif.ian hoof 
df the. fime nvhen the 'wrfetcb'wiauM have faeeii Ifbeffated^ttt 
^n^qaenceoif the judgfueiitxif the Higb'Ooiirt. o( Juatacii 
ary^ tra his bill of advxkadcm,su8pepu6a^'abd liberate a 
Aetfldiver tvas lodged a^iast hunat ijbv ipataneeiof tfaeaicH 
therand srsCi0r)ol^'Daft Jatnie, proceeding upon apetitaoii 
aettidg' forth 'ih&t the .petitiqn«^s hadf a^elabn ofassyth*' 
meoit againsd Hare oh iKXtoinrt ^f the niorder of their aear 
relive; that the -sunlit &t«:haiidredpmsifb)bh8trchk]diCT 
tum as inight be IfaUxtifed^'wAsT'dAiuS' iD^dbaii iUyHareiMl 
tiutt hetid^ knd fcbat, cHBiithoJsAMl.WiHiain<>HiKii^ 
was in meditationeJugcaFfiaui>ahmait6 mitii^TdmhmaMitrtk 
fitftbe^kin^domiiritfa'a vieir^iiaKiifiapitoiiit ci»^ 
t^higeSomii varivciit'irpwprliyisd foriKi talie^j^^ inioijeoB^ 
tbdy^itii'ibrlng'hkei l|dbi»ahi; Siti^iff fi>il exaoiidUttiiAi^ and 
tov kAe 'hini bound in'' caationl jbr^jfeiq «k«d2 ^i^ jaaficsplum 
a^&ji' ' The petltioaisb having 'tdkiia. nfae (iis^ aafdi, 
fiare .ivaii doinseqaebtiy 'detaided< aad' eigktf- d'cilack.th^ 
latoe'evtfnibg ^^as fixed fbr iii&aKamink^Mni; • Anoooi^'Amf^ 
iKlitUtti'flfter riie^hour appcmited be 'waa 1[)ikKigiir iatp ^aa 
opai^tiiwnt iof irhie jail for exanqoHHiony anA a'snatibei' of 
ii»ten*ogatoifi€s iirere jiut toihiin.;; but hie preserved ad-^obk* 
tBtinate^sileiJce in ]3^rd'txif«U«f(«iofeQA^ eiDceptthe firtt».ar« 
believe^ which vetated in'sottie vaytotiieimaiderof Jf^pii^ 
and inl^fereho^ lb iwhioh^ihef^gircaded out* tiiat ke^'wauid 
•ay nd moeeffboui it/v'Seiwalimcn^ises <tD .whooi j»eiiai 
cafhaoaLtmeB.ied knin^wt^ j«i^'te 

quit ihi6icoimti7*aqd!>0tQiin i(i Ireland^ «reiteftlttfii: calMed 
lMid«3(inni»eclJ < Among^A^a^ mm a'priu^er of {tb&inema 
«#> Lindsay^ 41 biSak' fellol«v ^^ a tiladc^AMCjcffa m'rgitatttit 
tii\l (kf'his bdrfd^'wrinxfinivbd dii>tj|V[{?iy ibaf/IIarem 



WS3X TOUT yuitlifilll^ i^U 

kuve Sootlaiid and ♦iUwhrnw to BOjtj^ ji^^pfjif^l^f^dii^^ 
.I^J^Hnpny. ia faya\fr wt ^y.of l{ai:e!fcHi|^.Ms«r f)fJft^rJkf. 

fAm^ttd andbouaed at tfa^ public e^ip^Ap^j an^ who Is 

4N)t jet a m9Xi of (rjr4 eb^mct^ri alihoiigh il, V(l|:sQoi|f ..nj^e 

.understatd^ be pat to tbe test^ observed, that be kofsw both 

fBurfte. aad Har^^f U ; that in partiQular be (lad l^9pt..f<^ 

ft.doikslderable dme with the forioer before hi^, tjnal\ ^ft^ 

'.that be !waa dectdediy ^f efpi^oa tbey weya /A^ best Irisk^ 

jfT^M A0 etwr knew: froHi which we would charitably infer 

;lha| his abqualnt^ailce b4M» b^^o ,ptbeir limited aofl .sppp^ 

Jwhatadeet. [Seiieral lulmlf^ag^TiQ evideac^ to^tl^ iaii|^ 

■«ffMt.witb tbjd ymth M>.u».tbe. q^presaed iatentiQfia cf 

lUaire; asid ultijtoat«ly'ihe>Sbirri9! |;radted warraQtlor, tb^ 

•incMceilat^ of tbe lalfeit^ »M%\ he should ffSfff cai|>iQ^jjf^ 

-AHo.M/j. Wbea.Hiiri?;disoqviered tbe tUm tbing^ i^^9 tf)^ 

in^ ht feeoverisd tbd use of bis speech, and faid twjpe or 

thtpe tipQffi^ " ye>? np g^fing oie justic4j;,riii sure^geuj. 

4)eB9e«^ yeVe »o jgi^iag me jwtice,'^. , Obseryipg.bimgfil^Hg 

.the :Witep ^f the caiiti«MA h^ b^d pra?iou$ly obfsef v^, ^y/^ 

jral .q«ieftf<»w were p«t;V^ b^im ,VHboMt Howeiser ^Iffjitipg 

'anayjiBtthfoptpfy atiWer^.. *!*; WM woul^ lyofi do.^ jy^u 

/wimrfto.get 4i<t 0f ji^il?'* ** J do pot Hnow; | mui^t i^^ 

<ao0l&thiQ^;'J bate nfo motley.'!' . " Do you qoos^der^youj}- 

JnM\a danger from, the mobP'' He gi^vej qo audible a»» 

swertotbis quej^tion^ thoi;igb .l|e 8G|epied.V>b« muttering 

something* << Would you consider yourself safe in Edin* 

burgh ?'* <^ No, I would nsA oonnder myself safe in 

Edinburgh*** ** Would you consider yourself safe in 

rHity othei' part :of this coujitry ?*' lly mind and heart 

jteH me tb^l I ought to be sarfe.?'' Thia answer eptdted 

:«ome JWpn^^, "for bad it bei^n . competent to prove any 

itbif^g,e¥cppt bis.expreswJ "»^nt.W* i^o guit the country 

a 



K 



'312 wA^ t^tCr MuAi^w/ 

'upbh- hisi Tibei^tibn,' ^tnei^sies might have' been easily pro- 
'dueed towhom'he had admitted the murder, from all pro- 
*'[Secation for which' be 18 now foi* evet Tree. The ttppea^- 
ance of Hare upon this occasion was mofre than usually 
•hideous atid forbidding. The *« squalid wretch** of the 
'witness box will not sodn be forgotten by tho^ who bap- 
'pened to see him ther6 ; but on* Monday night he was in- 
comparably more gruesbn^e and growli^ ; for in ordbr to 
'facilitate the operations of ■ sbme 'Phfetiologists, who had 
just finished taking a ca^t of bis head, hift^ hairhad been 
"ttiown down to the Very sconce, "with the exception of a 
"fringe bordiering the scalp all round, thus blending in hi^ 
'appefilruhce the ludicrous with the horrid- in a way and 
^a^ner that defies |41' description. His behaviour, how- 
'^vier^ was rather dogged and cautious than ifaipudentior 
-fbrwiEird. When he first entered the apartment, he seent- 
ned' very milch' lit his ease; but when he came ta.undeiw 
'i^tahd, after repeated' explanations, the object of - the pro- 
"iieedingSy'hegrew exceedingly restless 'lind fidgetty, tieither 
'hi% « mind or heart Helling him** that farther imprisooh- 
lifient ' was likely to prove either - convenient or salutary. 
'Upon the whole, however, he is certainly one of the coolest 
and mbst collected Villains that ever liv^d ; and we aife 
^nvinced that the only coif)sideratiou which gaye^hima 
'ihtitxient^s uneasiness is' an accidental vision of the gallows 
Ifrtting acroiss' his imagination. To this favour,- indeed^ 
^tfiehavie little doubt that he will ultimately come. ' 






' The fbllowitlg admirable descriptk)n frotn • the graphic 
*pen of John M*Diarmid, Esq. editor of the Dumfries and 
Galloway Courier, a gentleman to whom literattire is ii\uch 
indebted, furnishes every particular Jthat can b& required 



W]^8T J^UT MJJflf i^lbf. MS 

pf Qilf^'i iMO^efUAgs After iu^^iibovOMW tr<m ikfisCtA^^s^ 

We wene ipiised fiom otir bed oq Am muri^Dg .^f F^A- 

datj Ihe 6th of February, iby n oae^^^nger wbo 4M.«d tb»t 

tfbe miflansmi; Hare.b«d wmved in J>wi&ie$» A^ fir»t me 

fio9M h^riky ei^it tke iotiifUigencQy.ftfi:^ .w,hi»ilt Ire ibufl 

;«€)ea stfit^ in :th9 Fidmbuvgh IpaperA.; biAt ipn jiofMliciogitP 

4heci9«9b offifse.ftt.tbe Sing's Arioii .loo, ;« litjir^.al^erjeig^ 

idV^l^k, Wj^ discovered ih^t.the fiewii.¥f:«s Itio t|:ue« 3y 

,|:bi$ tine » /eonsidemble ac^md had, cirileited,. aod ^eviery 

fnomeiU added to its denaiiy^ On being, kdmitted to liie 

ih^tidtuL preasnce .a[ the man, we 'found him, asiWAsnaitii- 

l»i, :ex««edkigly £eteryed .<«i certain pmoto^ i>M auffioiebtigr 

^omaumieativie jreg^uodiog oib^ra--*^iairiiciibtrly the means 

.•n^played, je he alleged, by »ertiuQ . autbouitiea,. tp £iQiti- 
tate bi^.escape u> his native ooqmry. Ai a. iijttte psft3taeight 
<A]i Thuimdfty nigbt, vbile a very difierent impjressipn^pce^ 

. trailed in Edinburgb, he was reJeajsed ^rom bisjceUiaithe 
GaUon-jiiU Jail, and after .bei«g foufflod in an old camlet 

• doaik, walked in company with (he head Turnkey, aa far 
aa the >Po6t*Qffice on Water1cK> Bridge, without iitieftting 

svtrith. the slighteat molesf^tion. At .this pouit hie i»>mpi^ 
Bion tailed a .coa<^, and .laonreyod him ^ Newangtof, 
ilrfaece.'tbe two wailed till the mail came up. The guard^s 

')€dition .of the story VAcies thu« fiir— ^tbiat he took up i^n 
uoknoam passenger in Nieolacm 3treet» and was jordeiiedio 
.blow. the horn there* <But the difference isimmatmal, 
aoid' might .easily arise from Harems stale .of mind, andjg- 

-momiieis of the ever siiifting .localities of Edtnbuigbii 3e 
this as it may, .be;got safely jsteftted.ont|)e topj>f the xmiy 

, vritiioutGhaUengi^ and witbov^ aospicipp* iv^ the way-bill y 

. be figured as la Mr. . Blackr-^-^mt . an inapi^priaWnaitieti- 

dsnd the.ialLmanvwhoxs^meiP aee^im^ofl^ mtUmifidp isbcn 
14. 2 s 



•\ 



SI4 WEST POftT MtrKD£R»: 

the guard said <• alPs' tight," — «< good bje Mr» Black, and 
I wish you well home !'* At Noblehouse, the secoD(l 
stage on the Edinburgh road, twenty minutes are allowed 
for supper, and when the inside passengers idightedand 
went into the Inn, Hare was infattiated enough to follow 
their example. At first, however^ he sat down near the door, 
behind backd, with bis hat on, and his cloak closely muffled 
tfbout him. But this backwardness was- ascribed to fails 
modesty, and one of the passengers, by way of encourag- 
ing him, ask^d if be was not perishing with eoid^ Haire 
replied in the affinnatiy^ and then moving forward, took 
off his hat and commenced toasting his paws at the fire — b 
piece of indiscretion that can only be accounted for by his 
imbecility ct character. And little indeed was the -wretch 
aware that Mr. Sandford, advocate, one of the counsel 
employed against him in the prosecution at tibe instance of 
Daft Japtie^s relations, was then stan&ng almost at his 
-elbow. A single glance served ail the purposes <tf 4lie 
fullest recognition, and as Hare naively enough remarked^ 
*^ he shook bis head at me,"— we suppose it was a ababe 
after the fashion of' the ghost in Macbeth, and that tbe 
wivtch was so well aware i^ its significancy, that he felt 
his blood freezing in its course, and thac his hair, if the 
phrenologisl^ had left any remaining, would have bristled 
*< like quills upon tbe fretted porcupine/' ^Vhen the 
guard blew his horn, the associate of Burke managed to 
be first at the coach door, and as there happened t«> be one 
vacant seat, was allowed to go inside. But Mr. & on 
• coming forward, immediately discovered what had takea 
place, and although something was said about the cold- 
ness of thetiight, determinedly exclaimed, <* take: that fd« 
low out.'' Again, therefore, be was transferred to the top, 
ud then Mr. & to explun pechaps his seeming bavshneae, 
revealed to bia follow travellers^-^two of our omi towns- 



men) — i^' secret .which we devputJy wiab h^ hud ksept. 
Newv whether good or « bad, partake o{ the diffusive na-. 
ture^of light, and at JBeattock^ the guard, .a];^;evea the 
^rlver,. became aa leiBmed as others^ though nQthaIf>8Q 
idoae.' Still as. the hour w^^ ^arlj, the night' d£frk,.and xtl^e 
ioinafe^s, asleep, *up. disturbance of any.kj^nd occurred until 
the[ tocsin was sqpnded'An,7tbid. tQWR. ^sush of our tpwBs- 
m^n. bad>a:6ervant iojV:£utii^ to receiv,e bis Iqggfge,. aQ4 
the mowept- Jack and ]QiUy*TpiQ pr.Feter^TecQiyed a hint, 
Ahe new0 0^w like wild-@re:in every direction. : ^Y^have 
already sfoken of the.qrowd that bad a^s^fablqd shortly 
after eight p'dock, aiid by (en- it had become ppi^ectljr 
overwbelmii^*. Nearly th^ whole of jthe High Str^t was 
49iie,canti0Aied. masjs of peopW,. so closely yiredged, that you 
might . have' almost, walked over their head^ while Buc^ 
chsAtch • Street I was miucb in )hi9 ^ms ^taX^;, ,and to expi^ess 
xnuchinfewwordf^ the one, as.far as members, went, re*^ 
imnded^us of ;a grf^t. fair when the. coon try empties itself 
ofiitepopulaUoiiy and the other .of what take$.p^ce at an 
egLeotttioo. ; The numbers. i>f the pepple are varioMsly e^i- 
piated, but the be^t judges are of .Cfpinipo that.they could 
iM>t be under 8^000. As.:k waS'knola^n thait Hare t7^ 
bound to Fortpfttrick, 'the^ mob every t whe^re evinced the 
grehtest. anoiety to see him pas8:aiid piiy tbejj; respects tq 
him in their otm t^c^ . But ia the ipt^rim of miore thpn 
foNiir houirs,- that elapses: between, the arrival of the £din-f 
Jbwrgli^ asid departurie of the. Gallaway or Fortpatrick mail, 
hunklreda if ncD thouianda wdre admitted >tQ see him.; «pd 
if *p4llHi»x tod'bfiftn levied during the 4iiy,;lwfm the ipalti- 
jtudinous Tisiu»ra tpthe witd hea^t^alan^ fund might. have 
lieen raised: far thp pwrp^se^ of pharity, though we que&- 
jtion whether the. pfC^r^St; person in town wpvild have ppcr 
J^ated, aJar.thing.soigOiQmimpiiUstycome by. The Edinp 
tbitrgb^P&fljl wriv/ed about. twenty winiite^ befcfe ?pY«n»i*nd 



tH.&ie kf&wd were -tocHi onlfae ftit t}imj it be^ni^ nteoes^ 
saiy to secrete tiatt itilh^ Utp^roeiit lUtiAKibed 4o (tie Kimg^ft 
Army. He^6, itain tb^ firet^ he was s(iri«o«i<id^cl by a knot 
6f driYerfi and ^htt per&otus, fttid ^W Ale ^^s bartided td bun, 
he commenced ckitftefiDg to All atd ^efiidry, und drinkittig 
itBsm-i idmC»i-^stieh ^&, << biid iuek td bad fortiilie.'^ At 
tbk tibe be^fyecired td be tbe worse of bqucMr * insd Wbea 
ihterrogAted as to bis pei-i^bhiil identity, he ireplied that he 
was Indeed the nan,- aiid that ^^ there wias nouse of deny-^ 
ikig it now;" biit . all qiie4sti6ns reg&itii1[ig bis Grimes b^ 
evaded, by stating that <* he had said edoogh beftyt%'*<«— 
^ bad dbiie bis duty in Edinburgh,*' &e. ke. To tka^e 
{Messed hinl on bach points would have been the beigtitof 
fo)ly, fo^ eTeti if he had been disposed to speak out, no 
relian<:e could bai^ h&iti pUcied iii his s<atettienl« ; and just 
ai^ ilUitned^ ift eui^ dpiaion^ were the threatening^ addMSft* 
ed, atid the reproaches 'showered upon hitti by a vavietyof 
pen^iid. . Betwixt aineand ten o'dock an intelligent 
^ttemiUl vi^ted Hate^ atid shortly alur be waa- taken 
hk^ a closet off the tap^roum, and left in the prasenev of 
three ifi4ividuals. After various questions, luucbii^ 
ehiefiy bis early history, in the course of which he. stated 
that be had alttioet no money, and bad tasted no filod from 
the tlni^ he |)ad left the prison, • the geDtleman alluded to 
gave hmlffL sovereign, and this* piece of kindness seeaued to 
sUi-prise him to mudi that he actually burst into tears, 
t^i^gfa hia t>teri»g hod been suftcientiy unflinchuig before. 
When this visito# i^tired^ those without ibrced the door, 
and crowds the c^et to .sufibcatiott. • In an in^CfiH -Hare 
was nosed, a»d sq^ee;%d invd the smallest possible comer, 
-and. strongly remicided ns of a bumed fox when be stops 
short, turns rotf nd, shows his te$th, though unable to* fly, 
and vainly attempts to keep the jowlers at bay. la tha^ab- 
fceho^ of the pobee^ hh sit^aikm Was far from beiag f toe ftmn 



itrnger-; ahd- amidst a dreadful torrent of ether iinprec»* 
tioos'.^^ Burke hiiti ! Burke him!'^ resouoded' &o Joudljy 
Aat we jieluaUy believed hd would be murdered 00 tfaer 
i^pot. One old womaih— the only one m the crawd-^waA 
particttkrly emphatic atid ferocious in her gestures, and 
ttseinedanxioua to get forward to strike ^< the yUlaiQ'^ with 
tiie butt«end of a dirty ragged umbrella* But sbe ooutd not 
make Jier iway tfarpugti the crowd ; and lucky ii vae for the 
object of her abhol*rence ; for nhiscbief^ like fire, needs. only 
a beginning, and if bnt one individual had set an example 
of Tiolefice^ we beheve it woald have been very generally: 
fbllowjcd; . When tbe police arrived, tbe rcRom was deared^ 
and) Hare re-conveyed to t^e tap*roDtt,-where crowds cobh 
tinned tOL vtmt him^ almoat up to the hour, (eleven o'dock) 
wlien the Gallewagr mail wet 'expected' to starts With ai 
view to tbis^ the inn y aid was cleared Qot without difficulty^ 
th& faohses put to,- and the coaob brought out ; but the 
mob, wbo, Argu^like, and with far more than hka eyes^ 
anxioualy watebed every opportunity, had previously taken 
dicdrpbms almost by instinct, and their aspect appeared so 
truly< l^reaOeningv that it was impossiUe to drive tbe niail 
along the H^h Street, if Hare was either* out or inskkv 
with safety to any pedsob cei;taected with it. In these cb^ 
cufAtttances, and white two passengers were sent forward a 
lew miles in gigs, tbe coach staited perfectly empty, if uro 
except the gUard ^ind- driver, and one of Baihe Fraser^a 
aotis, w&o seemed anxio«^ to protect bisfatber^s propertyj 
Q.1ie crowd t^ened and ret;oiled so ^ar, and the trexhendoua 
r4i8h-^4ibe appalling waves on waves of people — far exceed* 
ed in magnkude and intensity, anything we ever witness-) 
ed in' Biunfries before. When near the post-office, the 
eoach was* surroimded, tbe doors opened, and the^interioc 
axposid; andtfabugb this proeeeding served to alla^ sus» 
jHiioti, i|^e^cry soon iesouoded bx and ^ide tbatth^mis* 



^8 mrCST POAX MUitDiiIt»^ 

creant, who '^as known to liea small man^ hkui managed 
to squeeze bimself into the boot. We haire^ iiid that- tti^ 
mdb had concocted a plan, and from all we can learn, their 
yegolution was,, to stop* the inail>at the middle of the bridge, 
lind precipitate Hare over its goodly parapet into tbe river. 
Failing this, they, bad fully determined to* way^lay tbe 
coacbatCassylands. toU-barv and subject him to sooieotber 
gpkcies of punishment ; and in proofibftfiis, we need only 
$tate, that ihey had forcibly barricaded the gaiOB« But 
vAjien it became ' obvious that Hare was neither in nor on 
t^ mail, the guard and driver .were allowed • to proceed ; 
atid^we here metition, that Mr: Fraiery junu wliile reCum-^ 
ing home on foot, was hooted and iihifectened, fnemly from 
(aving been upon iHe top of the maiL . SvMi /ihose'jwho 
ifnterfered in his behalf, were exposed:to aehowerbf oiud, 
lind Diir&elves> among others, was so iianeurad for dnring 
to tiJce the part of aH unoffending citiasen.: But that is a 
matter of no moment, otherwise we. could tell a. niimber of 
similar tales. Hare, as we have said, was net allowed 
ta -go by Che mail, and wl»ai that fact became gene* 
tally known, group after group continued to visit tbe 
monster^s den^ though poiicemen with their 8tkves!g|iard-. 
ed the mouth/of tlie .Kiagi^e; Arms Entry ,/ kept tbe 
aodb >at bay,- and only admitted whom tbey. f:^eaaed^ 
By these ^oocessive visitorsp he. wjbs fctf^ed to sit or stand 
in atl positions, and' cool, and insensate, and apathetic as 
heseeras^ he was ocaasiottally almost frightened, out of his 
wits. Abuse of every kind was plentifully heaped on him, 
ai tbe omly^ fitting; inceni^ that could meet his ear ; and 
one woman, it is said, .seized him by th« jx^4«r> and nearly 
strangled him ; whilcia. sturdy .ostler who bappeuied to be 
present, though perhaps not/ at . the, samo. memento ad** 
dressed him: in these ea^haiic wordSr^^^'Whaur.are ye 
gaun^ or whaur can ye gang to ?^— rHell's oj^fier gcx^ fop 



\ 



W£ftT POttT MVRDCftB. SI9 

the likeo^ you^^thC' very dee^ih, fov.fear a^ niiscbief, wadte 
daur to let ye in; and as for heeven that's entirely o.ut o^ 
the question/^ Anothtrman told himahat he should Do- 
ver rise oiF bis kne^s,' and, many that >M he.sboold iiang 

. himser on the '■ first tree he cam^ ttk.** On .one oocasioii he 
was menaced by a mere boy, while odiers urged' hira otx 
-and took hifi part, and at thisrtime he becan>e>8Q nuich. ir- 
ritated that- he totd them ^*to come. oh and.gi/ve him fair 

. piay.'^ A secwd time when pressed beyond what he could 
bear, he look up- his bundle and walked to the door, ds- 
termined-, as he said, to let the mob' *^ tak^ their will o' 
'him/' In nhis effort, h«r was checked by a medical man; 
but it would be rend|ess to repeat alil that occurred while 
Hare remained a prisoner in the tap-room- 

Dttrin^be* whole forenoon Mr. F>*a8er was apprehen- 
sive' for the safely of his premises, and naturally anxious 
toej^cc the oulprit who had rendered them so obnoxious. 
In fact, the whole town was so completely convulsed, ths^t 
it was itnpossibie to tell what would happen next, and in 
these circumstances, and' after <lue deliberation, on the 
p&rt of' our magistrates, who had a, very onerous duty to 
perform, an expedient was hit on and successfully exiecuted, 

-though the chances seemed ten to one against it. Betwist 
two and three o'clock, a chaise and pair wei*e brought tp 
the door of the King's Arms Inn, a trunkbuckled on, and 
a great fuss made; and while these means were. employed 
as a decoy duck, anodieif chaise was. got ready almost at 

-the bottom of -the back ehtry^ and completely' excluded 
from the ^iew of the mob, if we except a posse of idle boys. 
The next step was to direct Hare xa clamber or. rather 
jump out of the window of his prison^ and crouch like « 
eat along the wall' facing the stablest !so' as. ta escape ob- 

servAtion. ^fhis- part of his- task -was: well .executed, aaid 

• ' • • f 



2B0 1KE&T . POSX . MVBM^IM. 



4he mome'Dt he got .to the bottom and juqiped M^ Jh^ 

chaise, the doors ware cloa«d.aiid the |)9atil!iQn.Qr40npd!.|p 

drive like Jeha* And rareJjr b^ abetter u^ br^ ina<fe 

4)f the whip ; and never perhapB* in .ihe .Kn^iPOirjK of .n^i^, 

did a chaise rattle so furiously aIong;tbe Btr^eet*. pf. DmM- 

/pies. .To pass Mn Bankipe^s^aiid Dpund tbe opraer jj^t 

JMrs. Riobardson'^s. brewery, was literally, tb^.w^rk pC ^ 

few momently, and here tbe turn waa taken %o.sbftr|>lyj itb^t 

the chaise ran for spme time on two wheaJ^ and had very 

nearly been overturned. Had it reaiJy upsel,, Hii^e»it(» p, 

oerta»nty,. would have been torn to pittces^ ibui; JUhe dfiimr 

knew that he was eng^ad io a very perijou^ -serFice^ and 

proceeded onwards at.a|MrocUgious pfl^re, laabitlg fight nJnA 

left all the while* Tlie mob by tbis tiflse had becg«i<^ spf- 

-piicious that a manoeuvre of some kind was .iii#4bi9.0C^ of 

being executed^ and as^tbechaife^riv^ ba4 a ewsi4?i^bk 

round to make, they. moved in. a.itwJinkUngt ^and .iu^.-prpdi* 

gious maaseS) with the .view of iatereepting himr about, the 

middle .of the. Sanda . The rush down Bwk Sil^reet bafiS^ 

idi descr^[>tion, and/can «nly. be compared loathe :le(ting out 

of waters, or rather 4o the desireptof a w^iy^ci^ia$twu 

.Even from .the voppQsite. .side of ibe ;rti!ier^J9Mmb^«^; w\^^ 

they witnessed « the. speed of .tbe^obaise^ imHiedifltely .aw^ 

peeled what had takfen.plaoe, aod.r^pbtld wHb ^^b f*)iy 

across the Old Bridge, thatitbe driver jcg| iimgfMmX pot- 

aible risk of /being outflanked and aurvy^MAd^P^ eveiy 

aide; and tiothiog,;iB fisict, buJtth^anet&let^'hisfjbe^^aAd 

the ivilbng aun that .uif^ed them forwai^}, aayi^d bb pai- 

. senger from .ine|tant death, and .him%rif9 pvbAf>$» frpm la 

itecrible' sousing. . Ait every tittleiintisr^l/he was. ioteiic^pt- 

ed and threatened ;. andithough.HaneieodeaTOMrfd tQ,k#c^ 

«p the near, pannel^ and.ftlsocowei^dciwn tQ be ppti^f 

harm^s'wa}r,)tbree atone; were thrown at^ ^^ eptef^ the 

chaise — one of them heavy enough to have knocked his 






WEST TOBT MU&DSKS. 32t 

hmuBoui.' ^ Stc^^ stop Met tbe morderer &(xif* vera 

ihouted by a himdred rdioes at onde^ and* wbilesomd 

stood ^ili from inabilky Uo run', others hnm^diatel j 6ap-» 

plied their places^ and closed up almost with the speed of 

thought, itearly the whdle •wake, of the eai^eriilg vebi^i 

As an impression p^mled that the driver zneant to gallop 

eut the Gailoway mad, there was a general rash to the 

western atigle of thfe New Bridge, and this mistake opei 

rated as a diversioQ in his favour. Noi^ were the few mb** 

tnents gained mis-employed. The, sharp Corner of Dn 

Wood^s laboratory was cleared almost at a single bound, 

and as he had then a broad iHiFeet before him, nothing 

could well exceed the fury with which he drove up to the 

Jail door. Mr. Hunter had previously received bis due^ 

and .though a strong chain was placed behind the docM*^ an 

opening was left to admit the fugitive; and into thisgnlpH 

h^ leapt, hop-step-and-jump— -a thousand times more hap;: 

py ^^ S^^ i^^^ prison than the majority of criminals are to 

get out of it! His escape enraged the mob greatly, and 

the ficetie of action must now be shifted from the Singh's 

jAtrois Inn to the neighb6ut4iood of the' jaU. As theii* 

nt) others increased, they laid regular st^e to this place* 6f 

^saSttji preventing all ingress or ^tess excepting at consio 

derablo' personal riski From four to eight o'clock nothing 

but clamour and noting were heard,; aad at night fair th^^ 

^smashed and exiitiguished the nearest gas lamps, for re«- 

spns .that may be easily enou^^ conceived; The* ponde- 

^dus kn<!x;ker of a itdost ponderous door was li^rdnched from 

jits socket by main forces and successive showers of stones 

.thrown wid) sudi vbleince into the court«yard^ that the 

lohlraney etns ^ ^me)of the buildings were lHt>ken. For 

.want of a better foojttmDg-lcaiD, the same menus ^^te irkd 

IQ- foifee the entrance :to the' jail, ind the rebbuod of (he 

Mones wiis i^ kmd, inceaaiirit, and long contihu^d, di:it the 

14. 2 T 



3SS VJSSX JPOJtT MURDEBS; 

inhl|bitiiiit8> of Bucoteuc^ Suiedt were under the.:greatje»( 
apprehensions for the safety <^ thtir dweUii^s, Though 
the miHtia staff and police exected themselves to the ut* 
most, their numbers were inadequate .^o preserve proper 
order ; and it was not till- near eight o'clock, when a hon* 
dred special constables were sworn in, and appeai;ed armed 
with batons on the spot, Uiat the peace of the town was 
re-assured. Previous to this, nearly jthe whole fr4>nt win- 
dows <)f the court-house were smashed, hs well asa few in 
an adjoining building, though -that, we believe, occurred 
by accident. By some, too, it was proposed to pay a simi- 
lar compliment to. every doctor in town, and by others to 
provide tar barrels and peats for the purpose of filing the 
doors of the jaiU Indeed, from what w&haare 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 
diould have been adopted some homrs earlier. In sjAi^ of 
the noise occasioned by the uproar and ceaseless hum. of 
human voices,' Hare .was in bed and sound asle^; and we 
dare say our autl^rities were a good de^l puzzled what to 
do with him^ and very heartily banned the cause th^t had 
^ed him to pollute Dumfries, with hia *batefuL presence. 
During the ^ole day, bujsaness. had been interrupted, if 
-not suspended, and it was feared, if be, remained oveu 
night, that the seenes of Fnday '^ould be ^ renewed and 
aggravated, by large importations of persons from the 
country. Still so long as the streets leadiogto- 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 remaaned: firm.to their purpose of .keeping vi- 
gilant watch and ward, we know not what wduld have 
been the final resulu But as the night waxed their reao- 



WEST 'FOUT MITEIIEIIS; S^S 

lution copied, and' sd dne b*clo6k on ^Saturday morning not 
a single individaal was seen in Buccleuch Street beyond 
those oii official duty« As the opportunity was too good 
to be lost^ Hare was' roused from tiis troubled slumbers^ 
and 'ordered 'to ^tepate for his imoisdiate departure* 
While putting on his clothes be trembled violently^ and in-» 
quired eagerly for his cloak and bundle. But as these ar« 
tides were not at hand^lDe was tokl that he must go wttk* 
out ibekn, and thiank hisstars into the bargain that be had 
a prospect of escaping with whole bones. As the whole 
l^o'pulatian of Gatbway were in aKms, and as the mail had 
been surrounded and seanshed on Friday at Crocket£6rd 
toll-bar^ and probaUy at* every other stage betwixt Dum- 
fries and Portpatrick^ it was in vain to escort him across 
the bridge ; and in these circumstances lie was recommend- 
ed to take another route. He at once consent^,- and after 
1)eing guided to Hood^s loaning by two railitsa^^meD and a 
Sheriff*^ officer^ and fairly put' on the Amian road^ be was 
' left to his own refledlions and resources. At three o'clock 
Ue was' seen by a boy passing Dddbeck, and must have 
been beyond the Border by the breakof day, though dtre^ 
port was circulated on Saturday and Sunday, that he had 
been discovered at Annan and stoned to death. But thi^ 
mistake was corrected yesterday by the driver of the mail, 
who reported that he saw htm at a ^natter 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 
liim, notwithstanding, as well as. a gentleman who^ was on 
the top of the mail* The news soon spread, and as a 
number of pertons went to see him, he was told he- would 
be murdered if he went iiUo Carlisle ; and although be ap-^ 
peared completely ^' done up,'^ he turned off by the New* 



8^4 WftST POET lftVR9ES{». 

raatle roeAf anS doubtless made bis tted io>'the -opeii 
fields. 

. Since writing the above, we have learot that Hare wat 
^eexi on Sunday morning last, at a sonaU village about two 
miles beyond Carlisle. During thq pceoediiig night, be 
had.alep^, as is believed, in 'an oat-houat,. and seemed to ht 
moving, on wards trustiog lo circumstances, and fidthout 
any fix^ purpose, if we exeepttbe wretched one of pro* 
loqging,. aalong aa.possihlfi, his miserable. life.: .In.Engt 
land he is certainly mtioh safer. than ii^ .Scotland, partieuiv 
lariy. since the .publicatioa of Burke's confession; but still 
it is hardly possible, and nertainly not desirable that a 
jfrf^tch such as he is^-rsteeped .to the very ohin in bk>od-r^ 
^hpuld find a. permanent resting place for the sole of bia 
foot, in any part of the Biitish dominions. While a late 
gr^at fugitive found ooly foes in the officers of justice, aU 
m^t every man is naturally and irresistibly the enemy of 
tUkve ; and, perhaps^ since. the days of our first parentis 
there never existed a human being, of whom it could be 
said with, less justice, ^^ the world hi all- before Um^ whem- 
iQ. choose his place. of rest*" Like the firpt murderer^ he 
be«(rs a mark .about him, which- evem those wha nin may 
xe$td; and. seared and ossified as his conscience* may be; 
there is.aworm^ gnawing at it, that will never die; ami we 
fondly bope^ that the intense moral loathingi— rjdie. universal 
execration — the curses deep as. well as. loudp^-^excited by 
qrimes« which make humanity turn pale, will hate more 
eSe<;t than a hundred acts of Parliament, in blotting out 
similar crimes from our calendar,- and restoring Scotland 
to its wonted propriety. StidI we rejoice; that our Magis* 
trates were firm and enlightened enough to. prevent .any 
thing Jik,e personal viplence from being offered to the xiusi- 
creaot in this town; a feeling Y^hich, if necessary, we could 
justify on a thousand and one grounds. It has been often 



. WEST FQHir MWP^itt. ;9JQ5 

said tbftt nidst .of the borrcmt of! tbe Fri^nch Bev(>lutioii 
might be ascribed ta the first deliberatq murder which tb^ 
populace vere aUowed add > encouraged tp perpetrate, and 
that'ever aftev they appeared: to be as insatiable in tbeiv 
thirst toe vengeance, as. tbe lioM is that has once lapped 
human blood: If Providence^ when be interfered specially 
in the affairs of thd Mrorld,^left Cain to. wander homeless oil 
the lace of tbe earth, why may tM>t H^re be subjected to 
the aanke species of punishment? and without wishing to ret:, 
fine too far^ we may say, as tbe 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 ia a medium course— *4i middle path-^beyond which 
no rectitude can exist.^ • 

HAKETS AFPEAIIA.NCE, &c. 

We believe we speak within bounds, when we say, that 
scarcely an individual among the thousands who visited 
Hare here, coukl have Identified him from the descriptions 
given in the Edinburgh papers; and still less from the ca« 
ricatures in the shape of wooden blocks or cuts, which, 
wheadattbed over with printer's ink, were palmed on the 
public .as excellent likenesses.* Close confinement may 
have made him thinner^ and > terror and reflection more 
subdued ; but hi& features, of course, remain unaltered i 
and in place of the gouli^imess^ squalor^ aod/erocify, upoi^ 
which tbe changes have been wrung so long, the people iq. 
thia quarter could only recognise the contrary characterise 
tics.of apatby<i vacancy, and mental imbecility. His eyes 
are watery^ curiously shaped, and have certainly a peculi-r 
arity about them^ which seems to hover betwixt leering and 

* Mr. M'D. does not appear to have seen our copperplate etigr9,yvag^ 
Wliich is allowed to be an excellent likenei^ 



Sd6 WSSt PdJit MDRDERf . 

squiDtitig ^~ t6e forehead is loir, aia in nil ftturderefst obdt* 
banveiiess is large — destructiveneag middling; the 'nose^ 
tnouth, and chin, very vulgar and cbminob-piace ; and kb 
leountenance, on the whole, though it may betray more cir 
less of what we inay call a sinister dash of expreflsabdy iii* 
dicates.anything but intense ferociousheds. The commoil 
Iremark was, that <^ he was 'a^ poor siUy-Iookingbodj ;'^and 
nothing can better describe his appearance ;' for though 
Hare is certainly nolbeauty^ every one has seen hundreds of 
uglier nien*» He can neither read nor write, flnd his niit)d,iii 
bthei' respects, is just as untutored as an Esquimaux I qdiim^s: 
What is called the moral sense, seems in him to itand b^w 
zero; and in.this opinion we are borne out by aH the* mediofl 
gentlemen who had an opportunity oT.seeing and cotiversing 
with him here. He is five feet six inches high; and w^igh^ 
ed, he says, At one trmej 10 stones* When bis venerable, 
and we understand, respectable mother, visited Bdinburgh 
about a fortnight after he was apprehended, she stated that 
he was about twenty-five years of age, and this part of ^s 
personal history be seems only to know on her anthiilHty. 
He is. a native of Arinagh', though he refused to tiefll the 
partietilar parish. His father, who is dead, was a Protest 
tant; his mother is a Catholic; and though he never 
cared much about the matter, and either could noC^ 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 'sistjers alive. He came to Scotland 
ten years ago, and after landing at Workington, travelled 
to Newcastle, &c. He worked seven years with Mr« Uaw^ 
son, at the canal boats, Edinburgh, and two years with Mr. 
Johnston, quarryman. He married more than two yedP& 
ago, and has two children. His wife, he says, was lately in 
Glasgpw, .and got somebody to write a letter to the gover- 
nor of the jail, stating particulars ^^ which are nobody's 



tMisines8,'Va«d ^Viggesting an arrangement for Aieeting her 
husband in some part of Ireland. With regard to Burke, 
his s(a^emeQt9 were so kwse and contradictory, that we 
question whether any one beard him say the same thing 
;.wice over. Sometimes he denied, and sometimes admitted 
that. he had seen his confession ; fiometimes hinted that 
%he whole truth was not yet known, and at others that far 
more had been said than was true« To one perisoa be 
averred that be bad only witnessed two itiurders ; and be 
wa$ only, perhaps, consistent in this, that be seemed ani«> 
furmly willing to bjbu:ken bis associate, and whitewash him- 
self Burke^s statement that his female' associate had no 
Jmowledge of the murders committed, goes far to dtaiage 
jbia whole tf^stiniony, and if b9th assassins had beeh con- 
fessed 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 
^b^,^irqu;3nst{|![V9e he speaks to is at all material^ if unsup- 
(H>i;ted by other evidence. To one gentleman who pressed 
bfn> pr^t^y clps^ly^ he positively declared that he believed 
tbat ^ven Paterson himself wa$ ignorant of the manner in 
.which .^ii^.(in^&ning, of course, Burke and himself), came 
(>y ^,n)any subjects. A great number of persons wer^ 
cer^in th^f, tbey had seen Harp beforie, and op0 or two 
farmers insisted that be bad 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 be did 
not leave the mail at Albany Placf and proceed to Port* 
patrick quietly on foot, before the hue and cry was raised . 
here. To one of the individuals who saw bim 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 ter- 



1 



8S8 WEST rotor MOftDBsss' 

roi>, <• this has been a terrible day for me*" ^* Yeiij" said 
tbe qther^ *^ inore terrible than any day I ever 'witnessed 
in Dumfciefi, and all owing to your own character." To 
this he seemed to assent, and added emphatically, *^ I see 
it nowi^ Again the other enforced the great duty of re^ 
pentanee, and found him« for the moment, apparently pe« 
nitettt, though he soon recurred to his worldly prospects, 
aild said, '*^ it^s of no use going to my own Country'*— or io^ 
deed anywhere." On jLhis bis 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 some* 
thing«^ And here he went on his way, after offering to 
fthake 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* 
tjiverpool, where a passage to Dublin could be readily pro* 
cured, or that he has embarked at one of the Cumberland 
ports. By this time he may be in Ireland, where he caii 
hide his guilty head with less fear of detection. We may 
hope that his presence will never again pollute our soil. 



W£&T. FOB;r If UAI>SBI^« SS& 

,.; !;.,C0N.?ESS;6n& OF,.,'^'iLLIAM BUBIvE-r^'J.^'/ 






: Th^l^ .oi|ij ./padm nray^not. be disappointed^ ^i^e piy nt 

wel\ as the ni<^ coasplete one obtained bj; the Cp^r^fjftif^^^.^ 
paper.. The aoooont 'of bis crimes icontaioed i^ aur.me- 
iDp|c.wf(6 sofullandcanrect, tbfit these xn^gbt^tpoi^t hpY^ 
t>e^D ,sparf;,4 ; but even, aX tbc^.riak; of incarri^g t^hejoi^fge^ 
of repetition^ we presepl^.wt^tever. possesses; ^i4ei^sV.;^ .; . 

, ■• .♦ • . . . • . . ». . f . . •» (. > • «.■* '» V • I 

• » • . I 1.. ,,. ' I , t ■ I . . . ■ J * 






LETTEK FROM THB SHERIFF TO THE Rl&HTHON^ T'HE^ V. 

' ;> : , iixw> PROVOST* ' . 






Sheriff, Officer EMabwrgh, JTeh, 9, 1,*^.. . 



My Lp.B^ ;Pbotost, 



, t •• > . . > 



<.i 



» « 



...As it is ^owfuUy i^nderstpod . thaj fttt pi^9Cje»^tt«g9:5)f 
a.. qrimin^l nature. against Wiljfaoi H^re Jiav^ t^ifmiilft* 
ted, it has appeared to the Lord Advocate, that thQlCoxQif 
Pt\<n()»y jtrave a ^jgl^t to expect a; disclosure ^. of tb^ i${>n- 
($|lt.s of ithe Confessions made by \\(illi^pi i^rk^ a(jt^ir 
bi3.4:o|iyijctipn.: I jbfiye, therefore, been. direcliefJto^aQe 
tbos^ Confessipns in^ your Lard^hip's bandS) with i^; y^W 
to.tb^i^ being given tp.tlie public,, at :^uch:tiinp,.dnd,iii 
such a manner as you may deem most advisable.^ ,;:. . ,v 

Your LoxcJ^hip is already aware that the first of these 
Confessions was taken by the Sheriff-Substitute, on the 
3d day of January last,, in consequence oC 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 au- 

14. 2 u 



ss^o 



WEST PORT MURDESJ^. 



thenticity, Mr. Reid, a Roman Catholie Priest, who bad 
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 t£at 
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 evi- 
dence could be obtained calculated to show which of them 
was in the right 

Your Lordship will not be displeased to learn, that af- 
ter 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 con- 
t&ined in the frightful catalogue to which they have con- 
fessed. 

In concluding, I needhardly 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 Provosti ^c, ^. 



W£$T PORT MU^PEllS: SSI 



OFFICIAL CONFESSIONS OF BURKE IN THE JAIL. 

Present, Mr. George Tait, Sheriff-Substitute ; Mr. Ar- 
• chibald Scotty Procurator-Fiscal; Mr. .Richard J. 

K 

Moxey, Assistant Sheriff Clerk. 

Edinburgh^ Sd Jan. 1839. 

. Compeared William Burke, at present und^ 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'sf wife^ 
with whom he was previously acquainted, oii the street ; 
they had a dram, and he mentioned he had an intentioi; 
to go to the west country to endeavour to get employ- 
ment 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 hoqse, 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 — tha}; 
be owed Hare L. 4 ; and a day or two after the peiN 
sioner'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 impossi? 
ble to do it, because- the man would be coming in with 
the coffin immediately; but after the body was ppt into 
the coffin, and the lid was nailed down. Hare started the 
lid with a chisel, and he and declarant took out the ipo^pse 
and concealed it in the bed, and put tanner's bark from 
behind the house into the coffin, and povered it with s^ 
^heet, and nailed down the lid of the coffin, and the cof-* 



^2 



V£ St PORT MUUJD£US. 



fin was then carried away for interment. That Hare did 
not appear to have been concerned iii any thing of the 
kind before, and seemed to be at a loss how to get the 
body' disposed ofj and he iand Hare w.fent ill- the evening 
tb the yard of the ' College, and saw a person like a stu- 
dent there, and the declarant asked him if th^re were any 
of jpr. Monro's men about, because he did not know there 
was any "other way of disposing of a dead body — nor did 
HMi'e.'' The y^uttg tttttii asked what they wanted with Dr. 
Motii-d, kild the dectap^at told Hiiri tliat he l)Jad a Subject 
Id dispose ofr ahd the yo<mg man referred him lb Dn 
Itndx, No. 10, Surgeons^ Square, arid they went there^ 
and sdw y6tfng gentleli^ii whom he now knows to' be 
Jbiies, Miller, aftd Ferguson, and told them that they 
tod' a subject to dispose 'of, but they' did not ask how 
they had obtained it; &nd they told this declaraot and 
Hare to oome back when it was dark, and that they thbrn-* 
6eivfe& would find a porter to carry it: . DecUraht and 
llarcf went home, and put the body into a sack, and car« 
ried it t6 Surgeons' Square, and notknowirigihow to diss* 
(rose of it, laid it down at the door of the cellar,, aad went 
up loathe room where the three young m6n saw them, 
drid told them to bWng up the body to the room, which 
they did, and' they took the bodyout'of the sack, and 
laid it on the dissecting table ! That the shiirt was on the 
body, but th^ young men asked no questions as to that, 
and the declarant and Hare, at their desire, took off the 
^^ift, jEind got L.?, lOsT. Dr.' Knox came in after the 
bhirt was taken ofT, and looked at the body, and proposed 
they should get L.7, l^s. and authorised Jones to settle 
with them ; and he asked no questions as to how the 
body had been obtained. Hare got L.4, 68., and the de» 
clarant got L.3, 5s. Jones, &c. iaid tbat they would be 



r 



W£tT PORf MCJRBSR^. 338 

iglad to see them agaio when they had aiiy other body tb 
'.dispose of. 

> Early last spring, 1828, a womtin from Gilmertoh 
came to Hare's house as a m'ghtly lodger, Hare keeping 
seven beds for lodgers: That she was a stranger, and 
she and Hare became merry, and drank together;, and 
uiext morning she was very ill in corisequence of what 
she had got, and she sent for more drink, and she and 
' Hare drank together^ and she became very sick and VO^ 
mited, and at that time she had riot risen from bed, and 
Hare then said that they would try md smother her ih 
order to dispose of her body to the Doctors : That shfe 
was lying on her bac^ in^the bed, and quite • insensible 
Ifrora drink, and Hare clapped his hand on her mouth and 
Inose, and tb^i declarant laid liimself across her body ih 
order to prevent her making any disturbance, and she 
never stirred, and they took her out of bed and un- 
^dressied hier, and put her into a chest, and they men- 
:tioned to Dr. Knox's young taen 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 
^lass^room, and I)r. Knox came in when they were 
therie ; 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 bouse : That he got some drink 
from declarant and Hare, but was not tipsy; he waS 
irery illy lying in bed, and could not speak sometimes, and 
there was a report on that account that there was ferer 
in the hou^e, which made Hare and his wife uneasy in 
cascoit should keep away lodgers, and they (declarant and 
Hare) agreed that they should suffocate * him for thd 



334 .W£ST PORT MUADfiHS. 

same purpose, and the d^cUrilat got a buuAI -pillow and 
laid it across Joseph's mouth, and llare lay.across the 
.body to keep down the arnis and legs^ and he wa« dis- 
posed of in the same manner,. to the same pecsonSf and 
the body was carried by the porter who carried the. last 
>body. 

In May 1828, as be thinks, an old woman came to the 
;bouse as a lodger, and she was the l^orse of drink, and 
jshe got more drink of her own accord, aAd she becsame 
;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 lod^d 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 
bouse, and she had got some drink at the time, and gOt 
more to intoxicate her, and he and Haresuffiicated her, 
and disposed of her in the same manner* j 

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 midsun^mer 1898, 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,; 
ihe woman got flkdram, and when in bed asleep, he and 
Hare suffocated her ; and the boy was sitting at the fire 
in the kitchen, and be and Hare took hold of him, and 
carried him into the rooo) ^nd ^uffoicated him. They 



1^ 



WEST PORT MUKDERS: !388 

were put into a herring barrel the sam^ night, atid carried 
to Dr. Knox's rooms. 

That, soon afterwards, the declarant brought a wo- 
man to the house as a lodger, and after som6 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. 

Tlie declarant then went for a few days to the house 
of Helen M'Dougal's father, and when he returned, tie 
learned ft*dfli Hafre 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 18£8, 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. Ferguison and a tali lad, who seemed to have 
known the woman by sight, asked where they had got 
the body ; and the declarant said he had purchasTed it 
from an old woman at the back of the Canongate. The 
body was disposed of five or six hours after Uie girl was 
killed^ and it was cbkl but not very stiff, but he does not 

5 



336 WEST POUT MUA0ER6^ 

itecoUect of any remarks being majije about tlie body 
beinff warm. 

One day in Septe^iber or.Octobpr 1828, a washer-wo- 
inan had been washing^ in the hpi|^^. fpr spme timf^, and 
)ie and Hare sujBTQcated h^r^ and dispo^e^ of her in the 
(ame manper.., .. ; . . . r. . ; 

'. Soon afterwards, a woman, named M*Dongal, who was 
a distant relation of Helen M'Dougal's first husband| 
came *to Bix>gan's housQ to see T^^l^ougal; and a|ter 
abe, had been cpiping £^nd gping to {he house f^r a few 
d^y^). she got drunk^ and was served in the. same way 
by the; d^dlarant ^nd. Q^re. ... : j 

; • ;That " Daft Jamie'* w^ tfeen disposed of in the mant 
fi^r mfentioned in the indictment, except that Hare was 
concerned in , it. That Hare was, lying alongside of 
Jftmie .ip jbbe b^d, and llare. suddenly turped on him, 
«SKi put., his h^^od on his mquth i^nd. nose; and Jamie^ 
wfco had: got drink, but wa^.pot di;vnfe,, ipa^e a terriW^ 
resistaoce:; and be aud. Hwe fell ftoi^.tiiQ bed together^ 
Hice^tiU keeping. hold of Jamie's i^pouth and. nose; ,iXid 
as: they lay ou.ttoeJ&oQr togethfjr,^ declarant, .lay ^rpss 
Jamie to. prevent him/rpm resi^ting,,aind they .l^e^d him 
in that stal« till he w:]as dead,, and bii^.was, disposed of .in 
the same manner; and.Hare topk a.br^ss snuff-:b'ox aiid 
a spoQTi.fipm Jamie's pocket, and kept; the, box ^.him- 
self, .and. never :ga>te it to thedejcl^raftl;* but.he,g|iy$ him 

the spootij ', J • . . .1 , . , 

. ..And the last. was the old, woman Doch^rty^ for. whose 
«iurdenhe Jhas .beeu.cQtjyicted, Thfit: she was. lYpt.put 
lo death in the manner deponed tp by Ha^re on:the trial. 
That during the scuffle, between, him and.H^re, in the 
course of which Jie was^ijearly^trangled .by Hare, Uocb- 
lerty^hadtcrept amoiug the straw> and after the, squQle wa$ 
over they had some drink> and after that they went, both 



r 



h 



VEST roKT.MCRnsmsi ' 883 



fonward to Ivhene -tl^e wamiat'^sma Ijrkig stcepkig^ Ufi 
Harejvemt forward fiiist and seized her^fa^^ the rtiantb.and 
nosey ^s on fcirilft6r -oqcsasions ; :and sM;')tbe same time. the 
declarant .'l^ dkcross. hcr^ la^d she liad no eppertiiniliy 
of making ^ny noise ; and before she was dead^ ^oiif 
ot othiiv of tbenv ^^ floes >iii>t recoQcet HvHicIu took fabld 
of.iier fcyitbe ithrdat i ^That, whilB.>he f«d.Hflxe yien 
atruggitng^ which, was ia beal scuffle) MtiDong^ •opened 
ike'dooi** of the apartm^it, and went into tbe/inn^'piKS*' 
aage and knocked at the dctir) ^MJL ^dalled c^iit polioe 
hnd .mitrder^. but' sooh £aas>e 'back'; and at saiaie time 
Iiaire7& wife palled oot^ never to hiind, becafiae tfaeidedla]^ 
h^if,a9drflii,fr&, mbn\d 'noe> btirC ov» aaoiHer. That wfaebp 
Jbvdr(fai&/and H^re r^Be and weiit .towardstthe stua^ wheire 
jSodheetj Nfaslyingy M^Daogalrjtnd Harems wifey vfao,'>he 
ikiiAa^ yo&i»f\ymg in bed at the time^isr^ p^i^ps, tworeat 
Ahe!fin(, ^BBSiediately rose and left .tker hbuse^ but did; not 
juakft.ia^gr Boise; so far aii'he lieerd^ a^>heifas. aurpifiscd 
M AhmitigiDiaig (Ou| ait that. Hime^^bseaupetheidad. not see 
how they could have any suspicion of what.tbejr (theldct 
clerant and Haire) intended doing. That be cannot tsay 
/whrthfrie.awi.Har^ wPttJd havi? JciUe^^Dofehertyvoirr.niHl, 
t\i!th^\¥9m9n bad.ifetoaiiledy' because they werejsoidefe^ 
OPdinad wkiU ibr /^oiiMitot. the drink being iti> tJieirheadi; 
;-rr-and .he. has no : knowfedige «r susfMcioa of DoohertT^a 
Ibodyhaviilg beenKiffttnod' to any j^rson: beatdiis Dr^fKnoK, 
m»d be daes.,not stispeejb that Pateirson woukl offer! t^.body 
toadgir othet p^umthtmDr. Kpesx. 
' DetJi^reS) That siuffocation was not- suggested tb them 
by any pensoik a3 a^ iBode pf kiUtng, h^i laecucred teriHai^e 
.on! the first ocoa^idn. before mentiofied, and was i6DubBu«fl 
afterwards because, it .was tiSeetnat, and ebowiod no marka^; 
and wheni they i^yiacrosln the body at the feaoneiMraeyithat 
wa$ out. tug^ted, to tlmn by any perebn, feir they lasnef 

15. 2 X 



336 

being ■■ 

nan lin 
be and 
fame iii 

a distil 
came i 
she h» 
(lays, s 
hy the 
;■ Tha' 
per mi ■ 
conccr: 
Jamie 
and pii: 
who ii 
resistai! 
Hare sii 
as they 
Jamie to 
in that ;tfl' 
the samii i. 
a spoon Iri"' 






lAm&^yheiiig 'eoncerfaed in Idlltn^ peraons add oSkmg 
ttreir bodieir for dissection rand fa^ never knew orheatdof 
i»ttcb'a thing having be^n dme before. / ; 

'' Wm. BURiKE, t 

' •' ' . 6. tait:. ••: i 



f ' • • • » 



-.« 



Present, Mr. Gfeo. Tait, SberifF-Subsiitute ; Mri ArckiJ 
l>aUiScott, Procurator-Fiscal; Mr. Richard J. Moxey, 
Assistant^Stieriff-Clerk ; the Rev. Wm. Reid, Roman 
Catholic Priest. 

« 

Edinburgh^ 22d Jan, 1829. 
Compeared William Burke, at present under sentence 
oTd^ath in tbe Gaol of Edinburgh, and his declamtroi), oF 
date the 3d current, being read over to ' him, he^adheV^s 
thereto. Declares farther, that he does not know the Wtiies 
and descriptions of any of the persons who were destroyed 
^ce^t as mentiotied in his formei' declaration. ' Declares, 
Chat he^iiever was concerned ifto any other act of' tfefe tsam'^ 
kind, noir made any ^templtor preparation to commit su6b/ 
and ^ all reports of & cbntrary tendency, some ot^ whi^H he 
has 'he^rd^ a^ groundless. And he ddes not know of Have 
being^ concerned in- any stieh, except as ni^ntiofied iti hli^ 
(brtneir declaration $ sLnd he doe^ not Icnow- of any pi^soils 
febitUg in ordered for th^ purpose of dissection by any other 
pei-sons than hims^lf^ and Hare, and' if any persons' hav>6 
disappeared any where in Scotland, England, or Ireland; 
he knows nothing whatever about' it, and tiev^r l¥eard 6^. 
suclr a thing till he was ajpprehended. Declares, that he 
never had any instruments in hi ^ hbuse except^ a' cbmmodp 
table lairfe,^r a Kntfe used by him in his trade as a shoeL' 
fiiUkler, br*a sihall K>6cki?t kriiife; ^aiid he never U&ed atifdl 
Wiose iiii^tniin^ril^, : or attempted to do so, on-anyof thd 



840 WKST jrOKT MUftDIK]|9# 

itoii.Haiie^ sa far aa he kaoiw^^ cv^r w)cce cbnc^Q^d ill snjl-i 
plying any subjects for dia^ectioki ei^ciii^ tho^ b^fore.Qteo^ 
tiondd; aiic?, in ^rticular, never did so by raising dead 
bodies fr^om th^ gi^ave. 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 dooF- 
kbtpe^, kt6w. Aud this he d^clase^Lto. b^ )ru(h; , 

WMvBURKEw 
G. TAIT, 



1. 



Thfjmiymng i$ another Co^fe^sion^ /ty dictated and carer; 
, fuUy revised ^f WillumMurit^.^ The words prifiUd 
. . in It^Ucsi xvefe a^ded in the Manuscript by himsejfi , 

• •-«•■• ' ■ • , ' 
A^l<rA'L .Simpson was murdered on the ]2tb Februai^ 

1828, Qti. the forenoon of the day. . She resided in Giin^ei-? 

tcDi mar Edinburgh ; has a daughter living there* Sbcf* 

^8)?d 10 9eU salt ai^d oatnstone. She was ^^co^'-^d in . bj 

Ji%t0 and his wif^ on X^q afternoon of the 11th February^ 

IID4 k^ g9^ve her somewhisjcy to drirnk. - ^{ie had one shil-^ 

liog m^ aixpeace, und a can of kitchen-fee< Hare's wifq 

g!iVe herons shilling and sixpence for it; she drapk ib 

aU/Vffith tb?P>. She theq said she had a daughter* Harc^ 

fftid He ^9$ d jingle man» apd woid^ m;arfy her, xind j;ei^ 

iJl ibe j?ftoqfty amongst them. , They then jgroj^s^jjohfiv 

to atat all night, which she did, ^ she was so drunk^ahe 

«oul.d 90t go home ; and in the morning ^as Tomit^iig; 

Tb^y then gave, h^r some porter and whisky, and nuuli^ 

kier 90 drmil^^ th^t she feU asleep on tl»e bed. Hare then 

la}d lK>(d qf : . her mpu tb and nose^ and prevented her frov^ 



il 



f> 



l>Mthifagi B«irke held Uet hand^ a Ad feet till ito ttsIi 
dkid. (She mtfde Very little reeistdocb'; ajUd lihea K wi^ 
codveirieot, they carried her to Dir. Ktiox's di89^ct:tn|; 
rocnhs in Sufgeonft' Square!^ taid got ten poiands for hdp^ 
She had on 4 drab mantle, a white grounded ootton shawl 
aod sindll blu6 ipots.bn it.. Hare. took ail her dochea atid 
Went 'out With th/eni ; said he was going to-put. them if) t9 
ibe Caaal. She said she was a pensioner of Sir John Hay's^ 
(Perhaps this should be Sir John. Hope.) 
. The next \^as.an Bngliebntan, a native of Cheshire^ aifd 
a lodger of Hare's. Tbey murdered him in the sane 6ian*- 
ner as the other. He wcis ill with the jaosdice at the saiita 
time, fi^ wai #ery tail ; had black half) brolirD wbiakers 
mixed wi(h grey hairs. Hd used to. sell spunks io E^tn^ 
bbrgh; was about forty years of age« Did next Icoq'w his 
IMme. Sold to Dn Ksnbajbr ten pounds. . ^ . . 

Then^xt wlis in bid iiroman who lodged with Har^ for 
•QPe sight, but doles not know her name* She was iputf'f 
defed ixi ibe:8am^ maniier'as above ;-^so]d to, J}t. Spqx 
(of mo« .The ioid wooiaii was. decoyed into the boufi(e bjr 
Mrs4 Hare in the forenoon^ from the street, when Hare iva$ 
^prking at the boats at the canaL . She gave her whisky 
and put hdr to .bed three, times. At last she was so drunk 
thai she fdl asleep;' and when Hare came home. to hisdint 
|)fr» he. put part <^f the bed* tick .on her mouth; and nosei 
§nd wh@^ h^ caniie home at nigh^ she was deadv Burjke a$ 
this time was mending shoes ; and Hare and Burk^ look 
th^ oloth0s oW h^r, and put her body into a jtembogci 
^pok her to Knox's that night. . , . , 

The pext.was jyiarg^ret Paterson who waft ^purdiei^ed }|} 
B:inrke's brother- s bouse in the Canongat^, in the inoitth of 
H^pr\i,iast^ by Burke and Hace in tbe forenoon* She. was 
putjqto H tea-boxr atid carried t0. Dr» Kiiox's dASS^Qjting 
rooms 'in tlie Kft^rnoon of ,lbejl$^e .day«rr4Uld gOt 2^3 fd? 



( ' 



y 



342 W.JC8T i'UKX ItUSDUS. 

tietboily. She hid twbperice baffpeony, Which-^ she beic! 
fast in her band. Declares thdt the girl Paterson ttras. onJy 
four hours dead till she wds in Knox's dissecting. rooin ; birf 
^e v/As not dissected at that time; for she was three 
inonths in whisky before ^he was dissected. She was warni 
When Bntke cut the hair off her bead ; and Knox brought 

n I^r. a painter to look at ber, she was so band* 

some a figure, and well-shaped in body and timbs. ' XHitf 
of the students sadd she was hke a girl he had seen in th^ 
JOanongate as' one pea is like to another. They, desired 
Burke to cut off her hair ; > one of the students gave a pair 
of sdssars for that purpo^. . .•:/•' 

' In June lasty an old 'wdohdn and a dnmb boy, 'Her grand* 
son, from Glasgow, came to Hare^and were both mtir* 
dered at the dead hour of night when the 'Woman : was iH 
bed. Burke and Hare, murdered her llie ^Bame way t» 
ihey did ihe dthersJ ^They took off the bed^ciothes and 
tick, stripped off her clothes, and'laid fa^r On -the bottom 
of the bed, Aiid then put on the bed-tick and bed-cloifc^ 
on thie top of her ; and they then came and took' the boy 
in their arms and carried him ben tothe rclom, and mur- 
dered him in the satne jxianner, ' afid ia«c^ 'him 'alongside of 
Hi& grandmother. Thty lay far the spliee eft* an' hour ; they 
then put them into a herring barrel. Tl^e barrel was pelr« 
fectly dry ; there was no fcrine in it. They jcarried thetfi 
to the stable till next day ; they put the barrel into tlareV 
eart'^ and Karens <borse was ^oked in it; but the horse 
woirld not' drag thd cart one ibdt past the M^al Market,' 
and they got a porter with a hurley and put the barrel on 
Jt. Hare and the pbrter went ta Surgeons'" Square with 
it. -Burke went before them, ais he was afraid something 
would happen, as the hbrte would not draw tbem. \Vhe^ 
tfaiey came to Dn Knox's ^ dissecting-rooms, -Biirke carried 

the barrd in his arms. The^ students and them' hlEid 
e 



irbtk torigrit tbifai out;, b^kig fl6 'stiff ittd ooU; T Thiqr:i41 
beLve4 L.16 for th^ botk Haj^e wa^ taken, in by thv 
horse he bought that refused drawing the corpse to. Siir^ 
geons^' Square, mi th^^hot it in the ton-yard. He^d 
two larg6> holed inhfift shoulder staffed witjb cotton, 4inct 
ponrerediover with a j^ete of aAlother horse^^ skin to prevent 
tfaekn be^ng discovered. ' '^ •' 

Joseph, theniiflerby tirade, and a lodger of Hare'^s^ He 
had ohce been possessed of a good deal of money. He was 
connected by marriage with 9^tne of the Carron Company^ 
Burke and Hare nfiurd^red him by pressing a pillow on hia 
inau(fa aqd nose till hd was de«i«. He was ^en earrieS 
to Dr. Knox'*s in Surgeons'" Square. They got L.10 ib|J 

. iBurke and Helefi M'Dougal were on *a visit seeing thenf 
friends near Falkfrk. This was at' the ttnfi« a prooessioa 
rwas ma^e. round a st^in^ in that neighbourhood ; thinks it 
was the anniversary of the battle of Bannbckburii. When 
lie was a wa v.. Hare fell in with a woman drank in the street 
jat |be. Weit Port. He took her . into bis hotts? and miim 
dcred hier tuiriself, and sold her to.Pr. Knox's assbtants for 
IL.8. : When Burke went away be knew Hare vmk in. want 
of money,; his- things were all in.pawn ; but when hecama 
backj foand'hitp have plenty of money. 'Burke asked hibi 
if he had be^n .doing any business ? hO' Said he badlbeea 
jicApg nothing., Burke did not believe bitn^ and went td 
J)r. jKnoK, who toid him that Hare bad brdughta subjects 
H&re thenioonfessed what he had done. < ' * [ 

. A cinder-gatherer ; Si<jrAe thinks her name was EiTy. Shd 
iwas in the. habit of I sellix^g smaU pieces^ of leather, to ihim^ 
tishewasa cobhkr^'^^ gathered about the coacb-worksi 
He ^took brer into Harems stable, and gave her whisky to 
drink dll she :wasi drunk ; she then lay .down among some 
•titraw^and^fell asleep. They then laid a cloth over hecl 



M^ W»T raitT. IM^fiW»«u 



HM9 tmcdUff^ b^r^^AheydidMi otbipn: '.She 
wa$ Hiien carried ^ Dr. 1!inox\ 'Sufg&jm* Sqixsie^ wad 
(old.forLk^O.^ 

AndNw. Williftiiisorii ik poUcem^ni. and. bU nftghfaour^ 
wene .dragging a. dk^uok . wom^ lo the West Pdrt Watdiu 
houae. They fQund btr autipg on a stair. Burke soid^ 
<< Let the woman go to her lodgipgs,'" They said they 
did not knote where Bhe bdg^. Burke then said b^ would 
take her to lodgings. They the» gave her <to His chargel 
He then took her to Hare'a house. Burke and Hare mur* 
dered her that nig^t the iame way as they did the others. 
They earried her tOiDr-.KnoflL^Si in Surgeons^ Square, and 
got JLlO. 

Burke being asked, did the policemen know him wbeH 
titey ^ve him this drunk "woman into his charge ? He 
said he had a g9od character with the police; or if they 
had knowfi that tber^ ware fpur eaiurderears lliing in <Hie 
botia^ they would hav« Tifiited them oft^oer. 

James Wilson, commonly c^lkd Daft Jamie. Harems 
•0|/b. brought him in from the stneet into her boose;. 
Bdi4ce ims at the ti^me getting a dram in Rym^s sfac^ 
He saw her take Jamiie eff the street, bare4ieaded .and 
bar&-fboted. After abe gQt him into her hous^, and left 
him iwilibt Hare, sh^ came to ftymer's shop for a penny«- 
worth. of butieri and Burke wa^ standing at the counter. 
8he asked him for a dram ; and ia drinking it she stamped 
bin^ on tliefoot He knew immediately what ^hewantefl 
him for, and he then went after her. When in the 
house, she said, you hav^ come too late, for the drink is 
all done; and Jamie had the cup in his hand. He bad 
naner seeR hiiti before to his knowledge* They thett 
proposed to send for another half mutohkin, which they 
did, a^d nrged him to drink ^ ah^ took a iittk with them- 
They then invited him ben to the little room, and ad!!* 



WSST FORT M9BDEIIS,' 945 

Vised . hiln to sit down iippn the bed. Hare's tvife then 
went ouU and locked the outer door^ and put the 'key 
below the door. . There were none in the room but them^ 
selvesr threei- Jamie sat down upon the bed. He then 
Jay down upon the bed, and Hare lay down at' his badk, 
his head raised upland resting upon his left hand. Burk« 
was standing at the foreside of ^he bed. "When they 
had Iain there for some time^ Hare threw his bo(jy on 
the top of Jamie, pressed his hand an his mouth; and 
held his nose with the otherl Hare and him fell off 
the bed and struggled'. ; Burke then held, his hands and 
feet. They never quieted their grip till he was dedd. 
He nevfer got up nor cried any. When he was dead. 
Hare felt his pockets, and took out a brass snufF-box 
and a copper shuiF-spoon. He gave the spoon, to 
Burke, and kept the box' to himself.. Sometitne' after, 
he saiiil he threw the box awiay in the tan? yard ;' and thfe 
brass-box that was libelled against Burke in the Shei^iff's 
office Was Burke'^s own box. It was after breakfasSt Jaaaie 
was enticed in, and be was murdefed by twelve t)'cloek 
in the dayi Burke declares, ,that Mrs* Hare led poor 
Jamie ia as a dumb lamb to the claughterp 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 drant 
above one glass oiF 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 Sui^ons' Square 
that afternoon, ^nd got L. 10 for him. Burke gave Daft 
J^ie's clothes to his brother's children^ they were al- 
most naked; and when he untied the bundle they were 
I ike .tp ^quarrel about them. The clothes of the other 
murdered persons were generally destroyed^ to preveiM^ 
detection. 

15. 2 Y - 



$iXi WEST PORT MURDER^. 

Ann M*Dougal, a cousin of Helen ll'Doiigal's former 
husband. She was a young woman, and married, and had 
-come on a visit to see them. Hare and Builce gave her 
iwhlsky till she was drunk, and when in bed and asleep> 
.fiurle told Hare thai be would have most to do with hei*, 
«8 she being a distant friend he did not like to begin firsi 
on her. Hare murdered her by stopping her breath, and 
(Burke assisted him the same way aa the others. One 
of. Dr. Knox^s assistants^ Patereon, gave tbem a fine 
irunk to put her into» It was in the afternoon whai 
ishe was done. It was in John Broggan's house; and 
when Broggan came home from his work he saw the 
lirunk, and made inquiries aboiit it, as he knew they had 
no trunks there. Burke then gave him two or three drams, 
as there was always plenty of whisky g<»ng at these timeSj 
to make him quiet*. Hare and Burke then gave him Ii.l, 
lOs. each, as he was back in his rent, to pay for it, and 
he left Edinburgh a few days after. They then carried 
iver to Surgeons' Square as soon as Broggan went out of 
th« house, a;id got L.IO' for her. Hare was cautioner for 
'Broggan'^s redt, being L.3, and Hare and Burke gave him 
that sum. Broggan went off in a few days, aod the 
rent is not paid yet* They gave him the money that ha 
kiight not come against them for the murder of Ana 
M^Ifougal, that he saw in .the trunk, that was murdered 
in :his house.. Hare thought that the rent would fall upon 
bim, and. if he .'could: get Burke to pay the half, of it; it 
would be so much the better^ and proposed lliis to Burke^ 
lihd he. agreed to it,, as they Wei^e glad to get bijaa out of 

», Here, 'ia jiffitice to the proprietor of Broggian^s iiouise, we toof 
collect ihe mi^taSce committed in page 300^ That gentleiuaii 'n^ver 
p^toiVed ;the^ r^at^ and never applied for it. It .is needless to a(»t% 
that the joiadYertent error conveyed no imputation on him. 



wsaT iroET MUftoxmsf SM 



thie way. Broggao's wife ii a qoiiflki of Burke's* 
thought he went to Glasgow, but are not sure. i 

' Mrs. Haldane, a stout old woman, who had a daughter 
transported la^t summer from the Calton Jail for fomv 
teen years, and has another daughter married to ■ ^ » n i- n ^^ 
ki the High Street. She was a lodger of Harems. ShcJ 
went into Hare's stable, the door was left open, and she> 
being drutik, and falling asleep among some straW, 
Hare and Burke murdered her in the same way as theur^ 
did the others, and kept the body all night in the stable,) s 
and took her to Dr. Knox^s next day. She had but oni^; 
tooth in her mouthy and that was a very large one ia* 
front 

A young woman, a dau^ter 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 band in it. She was taken ^t^> 
Dr. Knox's in the afternoon in a tea box, and Xi.8 geiti 
for her, Slie was so drunk at the time, that he thinks 
she was not sensible of her death, as she made no Ksiat^' 
ance whatever. She and her mother were both iedg<. 
errs of Hare's, and they were both of idle habits, audi 
much given to drinking^ This was the only murder* 
that Burke committed by himself, but what Hard was^ 
connected with. She was laid with her. &ce down^i 
wards, and he pressed her down, and she wa» sooa^ 
suffocated. 

There was a Mrs. Hostler washing in John Broggah^s^i 
and she came back next day to finish up the clothes, and>^ 
when done. Hare and Burke g9ve her some wbuskji 
to drink, which made her drunk. This was in .the .day i 
time* She then went to bed. Mrs. Broggan was out ajt ' 
the time. Hare and Burke murdered her the same wa^^ ' 



SAS wErr«)ST MumsEss. 

lliey 'did ihe othek's, aaidput hier in a box, and set ber iA* 
the coal-house in. the pcaf^sage, and carried her off to Dri> 
Knox's in the afternoon of the same day, and got L.8for 
her. Broggan'B wife was out of the house at the time the 
]^urder-w£ts committed. Mrs; Hostler had ninepence* 
•halfpeniiy in her hand,, which they could scarcely get out 
of it after she wa< dead, so firmly was it grasped. 

The woman Campbell or Docherty was murdered on 
the 31st October last, and she was th» la$t one. Burke 
declares, that Hare perjured himself on his trial, when 
giving his evidence against him, as the woman Camp- 
bell 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 
WBs dead«i Hare was not sitting on a chait* at tlie 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 Harems house, and four in John Brog* 
gan^s; two in Harems stable, and one in Burke's bro-> 
therms house in the Cahongate. 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 diflTerent murders were commit* 
ted, nor all their names. They weregenertdly in a state 
of intoxication at those times, and paid little . attention 
tpthem; but they were all from the l^th February till 
1st Kovember 1828; but he thinks Dn 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 dedS bodies but what he murdered. He 



WSftT fOJLT MUlp^lM^ 

vm» wged. by Hare's, wife, to murder Helen M^Dougal, 
tbewraiau be lived with.. . The plan wa^,^ that be was to 
go ta the pouotry. for, a, few weeks, apd , then write ..to^ 
Hai*e tbat-sbe. bad died and was buried, and he was to 
tell this to deceive the neighbour^; but he would npt 
agree to it. The reason was, they could not ti:ust to 
her, as she was a Scotch w;oman« H^len M'Pougfd and. 
Hare's wife were not present wbei> those murders,, were 
conomttted; they .might bave a suspipiqn.pf what was^ 
doing, but did not see them done*. Hare was always 
the most. an;Kious about tb^m, and could sl^ep. w)ell at, 
night after committing a murder ; but Burke repented 
often of the crime, an4 could not sleep without a bottle^ 
of whisky by bis bed-side and a twopenny candle to burn, 
all.night beside him; when he awoke he would t^ke a 
draughty of the bottle**— sometimes half a bottle at a 
draught— and that, would majce him sleep. They had 
a great many pointed x)ut for murder, but were disap«* 
pointed of them by some means or , other ; they were al- 
ways in a drunken state when they committed tho^e mur- 
ders, and when they , got the money fpr them while it 
lasted.. When^.ctone,. they would pawn their clothes 
and would take them out as soon as^ they gpt a. subject.^ 
When tl^ey .first began this murdering system, they al-. 
ways took them to Knox/s after dark; but being so suc- 
cessful, 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 Schpol 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 per- 
son could find th^m out, no pne beipg present at tbe^ 
murders but themselves two;. andtha| they might be 



8£Cl W£ST PORT MURDERSI 

as well hanged for a sheep as a Iamb. 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 i^ould make no resistance, but would conrnlse and 
make a rumbling noise in their bellies for isome time-; 
after they ceased crying and making resistance, they 
left them to die of themselres; but their bodies would 
often move afterwards, and for stome time Ihey would 
have long breathings before life went away. ' Btrrke de- 
clares, that it was God'^s providence that put a stop to 
their murdering career, or he 'does Viot k^ow how far 
they might hav^ gone with it, even to attack people 
^n 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. Hak-e was al- 
ways 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 w^e 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 gotL.i 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.l for Daft Jamie, for which Hare's wife would' 
hot speak to him for three weeks. They could get 
liothing done during the harvest-time, and also after 
harvestj as Hare's house was so full of lodgers. In Hare's 
house were eight beds for lodgers; they paid Sd. each;' 
and two, and sometimes three, slept in a bed ; and dur-^ 
ing harvest they gave up their own bed when throng. 
Burke declares they went under the name of resurrection- 

7 



WSST POftT MURDEBS. 351 

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 gate them when they wanted to murder any per^ 
8<m. They entered into a contract with Dr. Knox and 
his assistants that they were to get L40 in winter and 
L.8 in summer for as many subjects as they could bring 
to them. 

Old Donald, a pensioner, who lodged in Harems ho«i9s^ 
imd.died of a dropsy, was the first subject they sold* 
After he was put into the coffin and the lid put on,. Hard 
unscrewed the nails, and Burke lifted the body out Hare 
filled. the co(flSn with bark from the tan-yard, and piit A 
sheet over the bark, and it was buried in the West Church 
Yard. The coffin was fiimished by the parish. Hare 
and- Burke took him to the College first; they saw aman 
there, and asked for Dr. Monro or any of his men ; tiie 
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. fur 
kirn. That was the only subject they sold that they did 
not murder, and getting that high price made them try 
l^e 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 Baliinha, in the 
county of Ma3'o, when in the army, but left his wife and 
two children in Ireland. She would not come to Scot^ 
land 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 fo9 



35S UrSST FOUT .MVBHSKS; 

about two .j'Gtkvk in Peebles, aiftl woitked as a^ IsctJoiirer: 
He worked%as!a .weais^er for 18- months^ .and as .a. baker 
for five months ;^'he ],«ariked:to iheDdishoes^ as!a:cobbler^ 
with a man he lodged with, in iJeith; and heohas lived 
With Helen. M'Doiigal about LCXjieark, until he and.&iie 
were confined it. the Gaitoa Jatl,.oh: tfae!charge of inur<^ 
deriug. the^ woman: of the narne of Bocherty, or Camp* 
bell, and both were tried before the High Coart of 
Ju&tidafy. in .'December last; ,: Helen M^D.6tQgars charge 
was not proveii, and Burke Ibund gailfy, aiki sentenced 
to suffer .dea^h; on the S8th Jaaoahy*. - ; • 
.' Declares, that Hare's. servant ^trl cduld give, in&mia-' 
tion respeeting the murders dbne in Haters house, if she 
likes« She came, to! him at. Whitsunday Jast, w^ixt to 
harvest,. <and retutriedlback to; him .when theharvesi was 
over. She remained until . be was) confided: along .with 
his wife in :the Calton : Jail. ; She. ' then- jsoiii.. twenty^-one 
of his swine-.for:L^,:aiid ^coiided.;.!;She.was\ga!tiiering 
potatoes, in a field that>day Daft^ Jatoid was.'miuiKlered; 
she saw his clothes in the house when she .came home 
at night. . Her name is Elizabeth M*Guler or :Mair. 
Their wives saw that people came into Iheic 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, al- 
though Burke and Hare pretended to the contrary^ 
Hhre'^s .wife, ofteix helped Burke and Hare to pack the 
murdered bodies into the boxes. Helen M'Dougal never 
did nor saw them done. Bjurke Clever durst let her know; 
he used to smuggle itnd drink, and get better victuals 
unknow:n to her ; he told her he bought dead bodies juid 
sold them to dQCtori, and that wtis the way th^y got.tbe 
name 6f re.sui:recti^n:m^n. ... 



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hoi^xid' procdeding^, Th^ moioovy of S^rl^p xt^y h^WPM 
that idfaipy w)i9eb bis utip^rallel^ 4|;rfQCine? . fx^Ujsy iv^j^ 
bis 4^s are recollected, aa^ Hard |[nay b^ allo|ff94. M 9^®^ 
$0^ «pr^r of ^ tfa^ lyorld wbere. lie iia4y ski)lk .^)|)y|ojY^ 
frntjlbis iniserable ^^i^te&ee.b^ t^rminat^d- It ireppai^^gi; 
11$; fmtry) tp notice ))riefly tbe two subordinate ^i^p^ ^V^i-j^Y 
tbeir Qonoectio^ with the principal culpri^y.aj^4.P^^i<^iSffJPf 
^i^.tjbeiricrip^es, b^ve gained such aa im^yi^^e degree o^ 
ODtoci^ty. Qf tbe^e,, the first is ; 



HELEN M'DOyGAL. 



v- I 



Sb^^is a native of the sioall village of Maddiatg^,^ ui the 
parish pi 'MuiravonsidE^ and coup^ty ^ Stirlix^ wh^re she 
ireai4o4 ^^ i^^ ^f^^^y ^i^^* ^^^ maiden name was DqugaL 
JHer character does i^t appear tp have been gpp4 at any tiiQ% 
^nd her €9ndiict speedily dissipated any doubts that might 
jbave existed i^pon the subject. At an early period gf hef 
^fe srhe forn^ed. an unlawful connection with a. man wh^ 

r 

reaidied in the ^me villagc[^ to whom she bpre a diijd.djxrr 
ing .th^ lifetime of bis wife. After her death, t]j|eyir;inf^'- 
/course c^ujtiiaued ; and after a short interval, they cohabitp^ 
jpji^bUcly togetiier^ she bearing bis tiame^<pf M^Dpuga^y.^iuad 
.passing fvr his wife. At this period they came to resi^ in 
Jjeft|ji, where M^Dougal followed his occupaticm ^f a sawiei^ 
.until he took the typhus fever at the time that that dis^«^ 
.first raged so fearfully in Edinbiugb* He beeaiQae a p/^ent 
in the hospital ppene^ in Ou^nsberry4iouse> where he diq4* 
JH^s^^tner, upon l^is deceasja, fi^&^ returned to hfr nfttiye 
village, and. Other's house. ; $bp|rtly after h^i return she n^fi|t 
with Burke^ who w«s a labourer o^ tbe^QiuDEd, v^))e9 thejir 
adulterous int^scourse oommenced^ and in ahou;t a year from 
15. 2 z 



S54 WBST ^OKT MD&DStf^. 

tli^ir first aequaintance, they agreed to ii^e together as man 
and wife. From that time up to his apprehension, she fol-» 
lowed his fortunes^ and adhered to him in all his wanderings. 
Wherever they resided, her character ' seems to have been 
the same. In Edinbut'gh, Leith, Peebles, and Pennyctrik, 
she was distinguished for her drunken dissolute habits, and 
was universally disliked, and cohsidered unworthy even of 
Burke. Notwithstanding their many quarrels, in which she 
^ss frequently the aggressor, she seems to have cherished an 
ardent e£Pection 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 degth, notwithstanding l^er being present 
and aiding him in the stratagems which preceded, ^nd the 
sale of the murdered body, she is guilty in the eyes of Gt>d 
and man^ and is doomed to wander on the face of the earth 
an outcast irom human charities, and an opprobium 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 realise 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 frotn her tormentors, she has discovered no person who 
would maintain sdcial intercourse with her ; but, on the con- 
trary,, her detection was certainly followed 'by every species 
of ill usage and annoyance. We have already adverted 
ito the' reception she* met. with upon her visiting her old 
haunts in the West Port, and it has only beena sample of 
Vhat awaited her wherever she went. The next' place that 
«he essayed was her father's residence in the village of Red^ 






• t 



M.AK.6ABJET I^AIRX) or MARE • 

■• A* fpciufdiufceiaiiiiihm. 
taln-uin Conrt . 



.W;EST PpilT MUBDSIIS. S55 

4i|9gin Stirliogsbire; liere she experien^a 9ini9ar.reeqp^0ii, 
^nd was obliged to save Iterself by a precipitajie retreat. €h^ 
•b%5 since made various attempts to discover a resting place 
w\th A like effect. She has hitherto be^n recognisec^ whe£e.ver 
i|l^ wei|t>,and ^he sun^mary vengeance of the mob exercise4 
4ipon her;,- By the Ia|e»t accounts "we find that she .hai^ap^ 
p^ared at Newcastle^ where again she has, been rescued froip 
^lipfuri^^^ populace by the police o$cers, who afforded b^ 
temporary protection and shelter in the prisop. Their sym: 
pathy, however, does not appear to extend. beyond this, and 
9^e. was as speedily as convenient escorted by constables to tbo 
« blue stone^" the boundary of the counties of Northumberland 
^nd Durham) and th^re transferred to tbe safe conduct of the 
funqtionaries of the latter county, for what purpose furthev 
than tp getj rijd, of the f' accursed thing** does not appear. 



# * A 



, ]V([ARGA^ET LAIRO OR HARE, , 

This other virago seems to have been accounted if possible 
still more depraved than M'Dougal, and to havq possessed all^ 
the essentials of that disgusting character, a brutal and aban<-. 
doned woman. She is a native of Ireland and accompanied 
her fii$t husband Log to this country. Log bore the charac- 
t€X of a decent hard-wprking man, while she was chiefly re«, 
lYiarkable forh^' masculine and bold habits. Log was a. sort 
of undertaker on the Union Canal, engaging with the con-, 
tractor to cut small pieces upon. the line,, and. for sonie time 
fQiikfi at it with a detachment of his countrymen in the 
j^igbl^urhoifd of Winchburgh, where his wife worked alyng. 
Yfa\x them, in the capacity of a labourer^ with a .man's coat 
Q]^,, wheeling. a barrowfuU of rubbish as stoutly as any of her. 
feUoiW-Wjorkmen. At that time they, inhabited a temporary 
hut on tfie banks of the canal, and whatever her conduct aftefi* 



35fe WEST POttTMVRBERSf. 

waVdl( prbTed srlie then exhiftit^d nd ^ftBt of indin^ipj. At tTO 
ooiiclusion of tbe trbrk: Eog settled ih Edinbtttgh and still 
Industriously ptttstted his course, iselling tifticles ^bont thb 
uttefet and keeping a lod^ilg-hoUse far Tagrants. tJp^n hk 
death this property devolved dpon his widow, and she eonduet- 
M'tiie establishment. 'She cobabtted with one.of the lodgers 
' Mio is described to have been a y6ung and well-looking man, 
btit he quickly broke up their intercouirse and left b^r, wheft 
her connection With Hare commenced. 

In' an eastern tale, We read of a woman forsaking her 
hmsband's society to keep company with a *^ gotxU^^ with 
irhom she fbaisted in a burying-ground upon dead bodies. 
Mi's. Hare appears to have had similar propensities. Her 
brutal husband, in savageness of dispositioti, as well as 
appearance, furnishes an apt illustration of the goule \ 
while the horrible means of livelihood be adopted, is not a 
bad prototype of the revolting banquet of the Oriental 
monsters.' Her whole tonduct now became utterly de- 
bauched ; she was continually in a state of intoxication, 
knd presented at all times the slatternly ferocious inspect of 
ti 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, lio^^^s^er, \bat 
the child, if not murdered, perished through want of pro- 
per care and attention,. The body was put into a box, and 
buried in the waste ground at the bottom of Tanher*s close. 
It is surprising that the wretched infant who still survives 
all the hard tisage it has experienced, did not 'fell a victim 
in thef same Way. Her slovenly and careless Cbriduct ex- 
tended even ta this youngest of h^r offspring, and she is 
described as darrying it about tnor^ like a cat or a dog 
than an infant. Even after* her connection with Hare, 



•WEST PORT. MtJIlD£E8. 9S/J 

ehe usnaily went by her former uftme of ILii^, to wbioh 
was appended the familiar title of <^ Lucky^ ^^ and the na- 
ture of her affinity to Hare was better indicated bjr theit 
indulging in the connubial luxnries of scolding and fighU 
ing, than by any manifestations of affection orregoid^ ' 

During her confinement in the jail^ ahe kept, herself 
getierally retired, remaining prindpallj in the day^i^eom 
of tbcr ward tending b^ sick baby, and conducted heiself 
in a peaceable manner. 

&he 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 
tomniiseration not been fell 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 Glas^ 
gow, where the following account, abiidged from the Gias^ 
gow Chronicle^ will show that her treatment was no 
better: — 

The celebrated Mrs. Hare was this afternoon resetted from 
the bands of an infuriated populace by the Calton Pdlice, 
and, for protection, confined in one of the cells. She had^efl^ 
Edinburgh Gaol a fortnight ago^ with an infant child, and 
has since been wandering about the country. She stated ^at 
ske had lodged in this neighbourhood fi>ar nights, with bei^ 
(^ild^ and ^* her bit duds," without those with whom (he 
lodged knowing who she was, and she was in hopes of quitting 
t)>is vicinity without detection. For this purpose she remained 
in her lodging all day, but occiasionally, eavly in> the oaohh- 
ing, or at twilight, she ventured the length of « the Brboiiiie«» 
l^w, in hopes of being able to procure ^n inunediate passage 
to Ireland^ but had hitherto been disappointed. She bad' g^e 



9B8 WEST POUT MUHOER9. 

oub 'thia>inormiig with the same objeet, and when returning, 
4i;V0iiiaa whd, she says, was drunk, recognised her in Clyde 
titrfeet, and repeatedly shouted — *' Harefs wife — Burke her I*' 
and threw a large stone at her, A crowd soon ^gathered, 
who heaped every indignity upon faier; and with her child she 
ivas pursued into Calton, where she was experiencing very 
rough- tceatment,: when she was rescued by the police, Sh^ 
sayft she I wrought sixteen years ago in Tureen. Street powers 
loom factory, till she was married to her first husband. >Ahout 
thoee years ago she unfortunal;ely fell in with Hare, and then 
ber'-misery commenced. She married. him, find has since 
had three children — one of whom is dead, and another is, left 
iiehind in Edinburgh. She describes Hare as devoted to the 
f^ devil ^nd laziness/' She admitted it ^as needless to deny 
she knew ^f something^ of the niurders, and h^d $ suspicion; 
cf what was going on, but not to the full extent, 
I Har^ was often drunk — their house was 4 cpppplete hell of: 
iniquity, and she was often on (be point of exposing hia 
hiddon conduct — ^but was afraid to do so. She left his house 
three times qn accpupt of his brutal usage^ She says she 
would much rather be killed outright than suffer what she 
h^:dte)e« She did not require to beg, having had a little 
fnonqy, but she had now scar<;ely as much 4S would pay her 
pp^lge to Ireland. 

She wa§ quitje ignorant of yvhat had become of her husband 
811)0^ she left Ediiiburgh. She asked if he had been subse* 
q^i^ntly tci^d^Qpd expressed the utmost indifferent^ respect- 
iog his fat9. She said she was determined fiever more to^ 
^SQciaAiB with hiin, or have any thing to do with him. 
: It waa triily melancholy to see her stretched on the guard*, 
bed. of the cell, in tears, with her infant, eleven months o}d, 
cdasped to her breast; and, as ^' the mother of eleven, cbil- 
d|i«n5'' imploring the protection of the polioe, and that they, 
would nol make ^^ a show of her.**" Sh§ opcasionpUy bufs^ 



WEST I'OUT MURDERS. ^^9 

ii&to tears i?hile deploring her unhappy situation, tvhidh sh^ 
ascribed to Hare's utter profligacy, and said, all ishe wished- 
was to get across the Channel, and ehd her days in sovAe 
remote spot in her own country, in retirement and penitence. 
She has since left Greenock in the Fingal, Belfiist stehni 
packet* 



The public, ill various country towns and villages seem 
to be absurdly lawless in their conduct towards any unibrru-^ 
nate individuals in whom they choose to recognise a resemb* 
lance to the miserable outcasts. Several unfortunate indivi- 
duals 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 deter- 
tnination to execute summary justice updn some one, and their 
disinclination to allow the victim to escape out of their hands. 
This inordihate 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 ma- 
nage his instrument with one hand and a stump substituted 
tor the other, was assaulted in consequence of some idle report^ 
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 sucK 
a manner that he is-' now a patient in the Aoyal Infirmary: 
Although he is directly dissimilar to him in appearance,' 
being a tall dark Scot, and speaking his mother tongue' 'with 



960 VEST POBT MUB0EU3. 

a true lowland accent, and we might add many like in* 
stamper. Eyen some rural dignitaries have taken occasion 
to adopt summary measures towards tiio$»e whose condi- 
tion allowed them some pretence to display the vigour of 
the law. In a West Country Burgh, the following nar* 
rative is given of a search for M'Dougal ; — ^^ The prin- 
cipal rendezvous of ^ randy gangrel bodies'* was searched ; 
the whole thirty-six beds, were overhauled, but she was no- 
where to be found ; the search however warranted the suspi- 
cion that some of the Cadgers who frequented the house had 
no lawful trade by which their earnings could equal their ex- 
penditure, — ^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 stoleo, was no^ 
sufficient to pay Jiis weekly bill ; aiid it being surmised tha( 
the keeper of the house was not ignorant of the ways of 
his guests, he and Jock haye been banished forth of the 
town/' 

There seeins really very little Ugoi evidence against poor 
Jock, while the landlord's being made accouotable *< for the 
ways of his guests'^ is a stretch of despotism scarcely allow* 
able in a very small township. 

Indeed the whole island appi>ars to be *^ frightened from 
its propriety,^ and each town vies with another in ad^in^ 
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 bad 
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 poUoe 
courts of the metropolis and other large >c^e8 furnish am- 
ple testimony of the extent to which the black catalogue of 
crimes has excited the fears of the people. From all ac- 

5 



iMiyidttahi halve iNsn Jcee^ibg ^tm l)I}b^j:eiliitwti byi tfai^ii]^ 

by detailing any of them. ,f'j..:/,* I .. j . • : : t 

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 com- 
menced 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 alofl on men^s shoulders, with 
a placard on the back. A countless host of men, women, 
and children, accompanied- "^Ib^ ^procession to Dr. Knox^s 
hottse in Newington, where the effigy was Burked and 
torn to piedes, 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 tra- 
versing several streets, and breaking a number of panes in 
the College windows. Sec. 

A gentleman who rode up to Br. Knox's house, with the 
view of undergoing a surgical operation, was mistaken for 
him, and had nearly suflPered from the violence of the 
crowd. 

We have already exceeded the limits that we had pre-* 
scribed, and still hs^ve not been able to touch upon the im- 
portant subject of the best means for supplying the anato* 
mical 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 pricew The recent proceediQgs present a 
fearful illustration of this opinion ; but out of evil, if pro- 
perly considered, good may be extracted ; and these trans^^ 



5M ^ wMTnoiiT wnudnK' 

iM^tft-4rill^4Ddcedl,' haire'fiul^dinliidr ei&Nal^.sIiDiild 
^ti'DOt ^b^ d^vttfed.wbidi, wfai)e. it uuns .die ftdi^p of 

frightful scenes. 

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