Part 28

Lord Meadowbank, a learned and very distinguished judge, presided upon this occasion, and with the most humane feelings, he earnestly cautioned this witness to give his evidence with truth. The fellow, whose appearance in the witness-box excited great interest and indignation, sullenly answered, that he intended to do so, but that he only came there as a witness in the case of the "old woman," as he emphatically described the deceased Mrs. Campbell, as distinguished, doubtless, from other miserable victims; and his examination then proceeded. We shall give his evidence as nearly as we can in the terms in which it was delivered by him in the witness-box. Having been sworn in the common form, he said he was a native of Ireland, and had resided in Scotland ten years. He had been acquainted with Burke about twelve months. M'Dougal lived with Burke as his wife; witness lived in the West Port, not far from Burke; he was in a public-house in the West Port on the forenoon of the 31st of October, when Burke came in, and they had a gill; he asked witness to go down to his house, to see the shot he had got to take to the doctor's; he said he had taken an old woman off the street, and wished witness to go down and see her, and see what they were doing. He understood by the word "shot," that he was going to murder the woman. He went to Burke's house, and found there was a strange man and woman (their name was Gray), the old woman, and Helen M'Dougal; the old woman was washing her short-gown; it was white and red striped. [Identified the bedgown.] Witness remained in the house about five minutes, and then went home. Between eight and nine on the same night he was at the house of a man named Connaway with his wife; and Burke, Mrs. M'Dougal, the old woman Campbell, and a lad named Broggan, Mrs. M'Dougal's nephew, came in. Liquor was introduced, and after a while, Burke and Broggan went away. Witness remained some time longer, but then he also quitted the house, and went to Tanner's-close. There had been some dancing at Connaway's; and at this time he had no idea that any harm was to be done to the old woman on that night. Soon after he arrived at Tanner's-close, Burke, M'Dougal and Mrs. Campbell also came in, the latter being so much the worse for liquor as scarcely to be able to keep her feet. A quarrel arose between him and Burke (which was evidently got up for the purpose of murdering the old woman in the confusion which would be the result of it), upon the subject of his being in the house, Burke declaring that he had no business there, while he asserted that he had been invited by Mrs. M'Dougal. They began to fight, and Mrs. Campbell appeared alarmed, and called police and murder. She ran into the passage twice, but was brought back each time by Mrs. M'Dougal; and upon her re-entering the room the second time, witness intentionally pushed her over a stool upon the floor. She got up so as to rest upon her elbow, but was so drunk as not to be able to regain her feet; she called on Burke to quit fighting, and he did so; but then having stood for some minutes on the floor, Burke stood stride-legs over her, and laid himself down above her--his breast being on her head. She gave a cry, and then moaned a little; he put one hand on her nose and mouth, and the other under her chin, and stopped her breathing; this was continued for ten or fifteen minutes; he never spoke while this was going on; after he had risen from above her he put his arm upon her mouth for some minutes; she appeared quite dead; witness was sitting all the while on a chair. When he saw the woman was dead, he stripped the body of the clothes, put it into a corner, doubling it up, and covering it with straw; witness's wife and M'Dougal, when they heard the first screech of the old woman, ran into the passage, and did not come in again until the body was covered with straw; before this they were lying in the bed; and witness sat at the head of the bed; did not observe blood on the floor, or on the woman's face at the time; did not observe the woman in the passage cry--but nobody came to the door during the time. Burke had not been above the woman more than a minute or two, when the woman started out of bed and ran to the door; he saw none of them attempting to save or assist the old woman, and such could not have happened without his seeing it. When it was all over the woman came in again, and then Burke went out; the woman asked no questions, nor did they make any remark, but they went to bed again without a word being exchanged. When Burke returned, he brought with him the man from Dr. Knox's (Paterson), and he looked at the body; he said it would do well enough, and they were to get a box and put it in, in order to carry it to his master's house. At this time the women were in bed, but he could not tell whether they were awake or not, and he soon afterwards fell asleep himself. He was rather the worse of liquor, but he knew well enough what he was about. He awoke about seven o'clock in the morning; he found himself on a chair, with his head on the bed; the women were in the bed, and John Broggan was lying beyond his aunt; Burke was at the fireside. He and his wife got up and went home. In the course of the day, Burke called on him, and asked him to assist in procuring a box. They went first to Surgeons'-square, where Dr. Knox's school was situated, but failed in obtaining one there; and then Burke went and purchased a tea-chest at the grocer's. M'Culloch, a porter, took the box home, and witness arrived there with him before Burke came in. They were standing at the door when he came; and he asked whether they had put up the body. He answered that they had not; and Burke then remarked that they were worth little if they had not done that. They, however, directly went in; and witness and M'Culloch assisted in placing the body in the chest, the latter forcing it down in its place. M'Culloch also, on seeing some of the woman's hair hanging out, pushed it into the box, remarking that it would be "a fine thing to have that seen!" The chest was corded; and M'Culloch was instructed to carry it to Surgeons'-square, witness and Burke accompanying him. On their way they met Mrs. M'Dougal and his (witness') wife, in the High School Yard, and they all went together. Having delivered the chest to Paterson, it was placed in a cellar, and the latter then went with them to Dr. Knox at Newington, where he and Burke were paid 2_l._ 7_s._ 6_d._ each, 5_s._ being given to the porter.

The witness was cross-examined by Mr. Cockburn on behalf of the prisoners, when he admitted that he had followed many businesses, both in Ireland and in Scotland. He had been frequently concerned in supplying medical schools with subjects, but had never assisted in raising any bodies from church-yards. He had often seen bodies carried to the houses of medical lecturers, but declined to say how often; he also declined to say whether he had been concerned in the murder of any other person but the old woman, and whether he had been present at any other murder in the course of the same month of October.

Mrs. Laird, the wife of this witness, gave evidence very similar to that of her husband, corroborating his statements as to so many of the transactions which he had described as had fallen within her knowledge and observation.

This completed the case for the prosecution, and a most humane and able address having been delivered to the jury by Lord Meadowbank, at half-past eight o'clock in the evening, they retired to consider their verdict. During the period of their absence, which extended to fifty minutes, the most breathless anxiety was exhibited as to the result of the trial, and upon their re-entering the court, an eager silence prevailed amongst the persons assembled. The verdict consigned Burke to an ignominious fate by a declaration of his guilt; but the jury, contrary to all expectation, declared, that as to Mrs. M'Dougal, the offence alleged was "not proven," a finding which relieved her from all immediate consequences upon the indictment.

Lord Meadowbank immediately passed the sentence of death upon Burke, and ordered him to be hanged on the 28th January, 1830, and his body to be delivered over to the surgeons for dissection.

He and his fellow prisoner, M'Dougal, were then immediately conveyed to the lock-up house attached to the court, where they met Hare and his wife, who, although they had been examined as witnesses, were detained to answer any charge which might be preferred against them. Hare, on his way to this place from the court, had been seized with a sudden fit of fiendish and malignant exultation at his own supposed escape from punishment, and at the success of his schemes to bring the neck of his fellow-murderers into the noose, which had not ceased when Burke and M'Dougal were introduced. His spirits somewhat fell, however, when he learned that he was to be conveyed to Calton-hill jail, with his wife, to await the result of the deliberations of the legal authorities, as to his prosecution upon certain charges of murder, of which there was no doubt he had been guilty, and upon his entrance to that prison the most direful forebodings appeared to fill his mind with apprehension. His wife was a fitting comrade for such a husband. While giving her evidence she had in her arms a child, ill of hooping-cough, and altogether the picture of abject misery, wretchedness, and disease; but instead of treating it with that maternal tenderness which even the tigress shows for her whelps, she seemed to regard it with aversion and hatred, shaking and squeezing it, whenever the cough seized it, with the expression of a fury in her countenance.

On the succeeding Friday, Mrs. M'Dougal, who had been allowed to remain so long in custody from motives of humanity only, fears being entertained that if she were to go at large, her life would be sacrificed to the vengeance of the mob, was discharged, and forthwith proceeded to her old abode, the scene of so many horrible transactions. On the next day she ventured out to a neighbouring liquor-shop to purchase whiskey, but she was instantly recognised,--the spirit was refused her, and the mob gaining intelligence as to who she was, she was compelled to fly for her life. Fortunately for her, the police interfered, and conducted her again to the prison, thereby saving her from violence; but there can be little doubt that, but for this fortunate intervention in her behalf, she would have fallen a victim to the vengeance of the justly indignant populace.

In the mean time Burke had become scarcely less communicative than Hare had previously been. He made no denial of the truth of the statements which had been made by that wretch, and confirmed the horrid tale related by him, by declaring that he had sold as many as thirty or forty subjects to the surgeons, although he subsequently admitted, like his companion, that he had never once been concerned as a resurrectionist; a confession from which nothing could be inferred but that he had been a party to as many murders as he had sold dead bodies. Nor was this declaration, horrible as it was, without corroboration. The appearances of the den which he inhabited--its loneliness marking it as a fit stage for the enactment of such tragedies; the various articles found in it; the frequent disappearance of persons of the lower orders, and of women of an unfortunate class, for whom, abandoned as they were by the friends and relations whom they had dishonoured, and excluded from all notice and regard by the virtuous part of the community, no person cared to inquire; were circumstances, all of which tended to impress the public mind with a firm belief of the truth of the dreadful suspicions which were raised by the prisoner's unsatisfactory but most frightful admissions.

The conclusion to which these circumstances lead is as obvious as it is appalling; and to strengthen it we shall here introduce a statement which was published at the time, and which may be relied on. About six months previously to these transactions, the body of a female was offered for sale by some miscreants, probably of Burke's gang, to the assistant of a most respectable teacher of anatomy in Edinburgh. The ruffians offering it were not known to him, and were not resurrection-men; but as a subject was required, he said he would take it if it suited him when he examined it, and asked when they could bring the body. They replied that they had it now, and that they would bring it to the dissecting-room in the evening, between nine and ten o'clock. At the appointed hour, accordingly, they made their appearance, accompanied by a porter, with the body in a sack. It was taken in, of course, and turned out of the sack, when it proved to be the body of a female, as had been stated by the ruffians--a woman of the town in her clothes, and with her shoes and stockings on. The assistant was startled, and proceeded at once to examine the body, when he found an enormous fracture in the back part of the head, and a large portion of the skull driven in, as if by a blow from the blunt part of a hatchet, or some such weapon. On making this discovery, he instantly exclaimed, "You villains, where and how did you get this body?" To which one replied, with great apparent _sang-froid_, that it was the body of a woman who had been "popped in a row (murdered in a brawl) in Halkerston's Wynd," and that if he did not choose to take it another would. The assistant then suggested that they should wait till he sent for his principal, his intention being to have them detained; but not relishing this proposal, the ruffians (three in number, besides the porter) immediately withdrew with their horrid cargo, and, doubtless, soon found a less scrupulous purchaser. Statements of a similar character were subsequently made in many of the Scotch journals, and there appears to be too good reason to suppose that they were perfectly true.

When we consider this most singular and atrocious conspiracy, and the characters of the different actors in it, as we understand them to be, it should seem as if each of them had his allotted part in the bloody drama. Hare was a rude ruffian, with all the outward appearances of his nature--drunken, ferocious, and profligate; and far likelier to repel than to ensnare any one by a specious show, which he was quite incapable of putting on. He appears, however, to have been the more deeply designing of the two; and to have over-reached his associate, Burke, whom he succeeded in always thrusting forward, with a view, we have no doubt, of turning short upon him, as he did at the last, and consigning him to the gallows, when this should be necessary, in order to save himself. Burke was, indeed, the only one of the two qualified to manage the out-door business of the co-partnery; and he it was, accordingly, who always went out to prowl for victims, and to decoy them to their destruction. In his outward manners he was entirely the reverse of Hare. He was, as we learn from good authority, quiet in his demeanor: he was never riotous; was never heard cursing and swearing; and even when he was the worse of drink, he walked so quietly into his own house, that his foot was never heard along the passage. He was of a fawning address, and was so well liked by the children in the neighbourhood, that each was more ready than another to do his errands. The riots which often occurred in the house, and in which Hare always bore a conspicuous part, were, there is no doubt, got up on purpose, either when they were in the act of committing murder, or that the neighbours might not be alarmed at the noise which inevitably accompanied the mortal struggle between them and the unhappy inmates whom they had enticed into their dwelling.

We have already mentioned the full statements made by Hare, as to the horrid traffic in which he had been engaged, which were not published in the form in which they fell from the lips of this diabolical ruffian. Some portions of them, however, escaped and found their way into the public papers; and regretting our inability to lay before our readers the whole of his history of this terrible case, we shall present to them so much of his story as we have been able to learn:--

The first murder which he charged against Burke, although it is surmised that several had been committed before that time, was that of a girl named Paterson, who was about eighteen or twenty years of age. It appears, that this girl, with one of her associates, Janet Brown, had been lodged in the Canongate police-office, on Tuesday night, the 8th of April. They were kept till six o'clock the next morning, when they went to the house of one Swanstoun, to procure spirits. Here they were met by Burke, who asked them to drink. He afterwards prevailed on them to go with him to breakfast, and gave them two bottles of spirits to carry along with them. They accompanied him to his brother Constantine Burke's house, in the Canongate. This man was a scavenger, and went out at his usual hour to work. After they had been in the house for some time, Burke and his wife began to quarrel and to fight, which seems to have been the usual preliminary to mischief. In the midst of this uproar, Hare, who had been sent for, and who was a principal agent in this scene of villany, entered, and in the mean time Janet Brown, agitated seemingly, and alarmed by the appearance of violence, wished to leave the house, and to take her companion along with her. By this time it was about ten o'clock, and Paterson was asleep in one of the beds, totally unconscious of her approaching fate. The other girl went out, and was absent about twenty minutes. When she returned she asked for Paterson, and was told that she had left the house. She came back in the afternoon in search of her, and received the same answer. By this time she was murdered. Burke had availed himself of the short interval of twenty minutes, during which her companion, Janet Brown, was absent, to execute his horrid purpose when she was asleep, by stopping her breath; and that very afternoon, between five and six o'clock, her body was taken to the dissecting-room and disposed of for eight pounds. The appearance of this body, which was quite fresh--which had not even begun to grow stiff--of which the face was settled and pleasant, without any expression of pain--awakened suspicions: and Burke was closely questioned as to where he procured it. He easily framed some plausible excuse that he had purchased it from the house where she died; which silenced all further suspicion.

We have already alluded to the murder of an idiot. His name was James Wilson; but he was more commonly known by the appellation of "Daft Jamie." The circumstances attending his assassination were even, if possible, more revolting than those of the women Campbell or Paterson. The appearance of this creature showed at once the imbecility of his mind, and was such that he was universally regarded with a feeling of tenderness and sympathy. He was quite harmless and kind-hearted; and was on this account generally liked, and well treated; and there were certain houses where he was admitted as a familiar guest, and kindly entertained. It is probable that he had been for some time watched by this gang of murderers, and marked out as one that might be easily taken off without exciting suspicion. Accident unfortunately threw him in their way. He was met by Burke at nine o'clock one morning, in the beginning of October 1828, wandering about in his usual manner in the Grass-market. He instantly accosted him in his fawning manner, and inquired of him whether he was in search of any one; he told him he was seeking his mother, to whom, as he was a creature of kindly dispositions, he was warmly attached. The wretch at once saw that he now had him within his grasp, and instantly commenced his schemes for drawing him away to some convenient place where he might be murdered. He contrived to persuade him that he knew where his mother had gone, and would take him to the place; and by coaxing and flattery he at length decoyed him into Hare's house. Here those monsters of iniquity, exulting over their deluded victim, began to pretend the greatest affection for him, and having procured liquor, they pressed it upon him. He at first decidedly refused, but they so far wrought upon his good nature by their assumed kindness, that they induced him to join them in their cups, and they plied him so effectually, that he was soon overpowered, and lying down on the floor, fell asleep. Burke, who was anxiously watching his opportunity, then said to Hare, "Shall I do it now?" to which Hare replied, "He is too strong for you yet; you had better let him alone for a while." Both the ruffians seem to have been afraid of the physical strength which they knew the poor creature possessed, and of the use he would make of it, if prematurely roused. Burke accordingly waited a little, but impatient at the delay, and anxious to accomplish his object, he suddenly threw himself upon Jamie, and attempted to strangle him. Oppressed as he was with the influence of liquor, he was roused at once by this assault to a full sense of his danger; and, by a dreadful effort, he threw off Burke, and sprung to his feet, when the mortal struggle began. Jamie fought with all the fury of despair, and would have been an overmatch for either one of the ruffian assailants. Burke had actually the worst of the struggle, and was about to be overpowered, when he called out furiously to Hare to assist him. Hare rushing forward, turned the balance of the unequal conflict by tripping up Jamie's heels, and afterwards dragging him along the floor, with Burke lying above him. In the course of this contest, the unhappy object of this dreadful violence contrived to lay hold of Burke with his teeth, and to inflict on him a wound which occasioned a cancer, that would in all probability have shortened his days, even if he had escaped the vengeance of the law. None were present at this murder, which was completed before mid-day, except the two ruffians themselves; but the body was recognised in the dissecting-room by one of the students.

We have stated that the confessions of Hare were fully corroborated by the statements made by Burke subsequent to his conviction. The following conversation, which took place between him and one of the officers of the jail, sufficiently indicate the state of his mind at this time, and the respective degrees of guilt attributable to him and to Hare:--

Before a question was put to him concerning the crimes he had been engaged in, he was solemnly reminded of the duty incumbent upon him, situated as he was, to banish from his mind every feeling of animosity towards Hare, on account of the evidence which the latter gave at the trial; he was told, that, as a dying man, covered with guilt, and without hope, except in the infinite mercy of Almighty God, he, who stood so much in need of forgiveness, must prepare himself to seek it by forgiving from his heart all who had done him wrong; and he was most emphatically adjured to speak the truth, and nothing but the truth, without any attempt either to palliate his own iniquities, or to implicate Hare more deeply than the facts warranted. Thus admonished, and thus warned, he answered the several interrogatories in the terms below stated; declaring at the same time, upon the word of a dying man, that everything he should say would be true, and that he would in no respect exaggerate or extenuate anything, either from a desire to inculpate Hare, or to spare any one else.