CHAPTER XXIII.

_The Last Stage of the Trial--Burke Sentenced to Death--The Scene in

Court--M'Dougal Discharged--Duration of the Trial._

The last stage of a long trial had now been reached. After the verdict

against Burke there was only one course open to the judges, but still the

attention of the audience was given most earnestly to the proceedings.

Burke seemed callous, for he had felt certain of the doom that was about

to be pronounced upon him. The Lord Advocate moved for the judgment of the

court, and the Lord Justice-Clerk called upon Lord Meadowbank to propose

the sentence.

Having briefly reviewed the facts of the case, as brought out in the

evidence, Lord Meadowbank proceeded:--"Your lordships will, I believe, in

vain search through both the real and the fabulous histories of crime for

anything at all approaching this cold, hypocritical, calculating, and

bloody murder. Be assured, however, that I do not state this either for

exciting prejudices against the individual at the bar, or for harrowing up

the feelings with which, I trust, he is now impressed. But really, when a

system of such a nature is thus developed, and when the actors in this

system are thus exhibited, it appears to me that your lordships are bound,

for the sake of public justice, to express the feelings which you

entertain of one of the most terrific and one of the most monstrous

delineations of human depravity that has ever been brought under your

consideration. Nor can your lordships forget the glowing observations

which were made from the bar in one of the addresses on behalf of the

prisoners, upon the causes, which, it is said, have in some measure led to

the establishment of this atrocious system. These alone, in my humble

opinion, seem to require that your lordships should state roundly that

with such matters, and with matters of science, we, sitting in such

places, and deciding on such questions as that before us, have nothing to

do. It is our duty to administer the law as handed down to us by our

ancestors, and enacted by the legislature. But God forbid that it should

ever be conceived that the claims of speculation, or the claims of

science, should ever give countenance, to such awful atrocities as the

present, or should lead your lordships, or the people of this country, to

contemplate such crimes with apathy or indifference. With respect to the

case before us, your lordships are aware that the only sentence we can

pronounce is the sentence of death. The highest law has said--'Thou shalt

not kill,--thou shalt do no murder;' and in like manner, the law of

Scotland has declared, that the man guilty of deliberate and premeditated

murder shall suffer death. The conscience of the prisoner must have told

him, when he perpetrated this foul and deliberate murder, and alike

violating the law of God, and the law of man, he thereby forfeited his

life to the laws of his country. Now that detection has followed,

therefore, the result cannot be by him unexpected; and I have therefore

only further to suggest to your lordships, that the prisoner be detained

in the tolbooth of Edinburgh, till the 28th day of January next, when he

shall suffer death on a gibbet by the hands of the common executioner, and

his body thereafter given for dissection."

Lord Mackenzie concurred, saying that the punishment proposed by Lord

Meadowbank was the only one that could be pronounced.

The Lord Justice-Clerk then assumed the black cap, and addressing Burke,

who had risen from his seat to receive sentence, said:--"William Burke,

you now stand convicted, by the verdict of a most respectable jury of your

country, of the atrocious murder charged against you in this indictment,

upon evidence which carried conviction to the mind of every man that heard

it, in establishing your guilt in that offence. I agree so completely with

my brother on my right hand, who has so fully and eloquently described the

nature of your offence, that I will not occupy the time of the court in

commenting any further than by saying that one of a blacker description,

more atrocious in point of cool-blooded deliberation and systematic

arrangement, and where the motives were so comparatively base, never was

exhibited in the annals of this or of any other court of justice. I have

no intention of detaining this audience by repeating what has been so

well expressed by my brother; my duty is of a different nature, for if

ever it was clear beyond the possibility of a doubt that the sentence of a

criminal court will be carried into execution in any case, yours is that

one, and you may rest assured that you have now no other duty to perform

on earth but to prepare in the most suitable manner to appear before the

throne of Almighty God to answer for this crime, and for every other you

have been guilty of during your life. The necessity of repressing offences

of this most extraordinary and alarming description, precludes the

possibility of your entertaining the slightest hope that there will be any

alteration upon your sentence. In regard to your case, the only doubt

which the court entertains of your offence, and which the violated laws of

the country entertain respecting it, is whether your body should not be

exhibited in chains, in order to deter others from the like crimes in time

coming. But taking into consideration that the public eye would be

offended by so dismal an exhibition, I am disposed to agree that your

sentence shall be put into execution in the usual way, but unaccompanied

by the statutory attendant of the punishment of the crime of murder--viz.,

that your body should be publicly dissected and anatomised, and I trust

that if it ever is customary to preserve skeletons, yours will be

preserved, in order that posterity may keep in remembrance your atrocious

crimes. I would entreat you to betake yourself immediately to a thorough

repentance, and to humble yourself in the sight of Almighty God. Call

instantly to your aid the ministers of religion of whatever persuasion you

are; avail yourself from this hour forward of their instructions, so that

you may be brought in a suitable manner urgently to implore pardon from an

offended God. I need not allude to any other case than that which has

occupied your attention these many hours. You are conscious in your own

mind whether the other charges which were exhibited against you yesterday

were such as might be established against you or not. I refer to them

merely for the purpose of again recommending you to devote the few days

that you are on the earth, to imploring forgiveness from Almighty God."

The sentence was formally recorded in the books of the court, with the

addition that the place of execution was specified as in the Lawnmarket of

Edinburgh, and the body of the deceased was ordered to be delivered to Dr.

Alexander Monro, Professor of Anatomy in the University of Edinburgh, to

be by him publicly dissected and anatomised.

The Lord Justice-Clerk then turned to Helen M'Dougal and said:--"The jury

have found the libel against you _not proven_; they have not pronounced

you _not guilty_ of the crime of murder charged against you in this

indictment. You know whether you have been in the commission of this

atrocious crime. I leave it to your own conscience to draw the proper

conclusion. I hope and trust that you will betake yourself to a new line

of life, diametrically opposite from that which you have led for a number

of years." An interlocutor of dismissal was pronounced, and M'Dougal was

free from the pains of the law, though she had still to fear the fury of

an unappeased public.

The _Edinburgh Evening Courant_ of Saturday, 27th December, thus described

the appearance of the prisoners when the Lord Justice-Clerk addressed

them:--"The scene was altogether awful and impressive. The prisoner stood

up with unshaken firmness. Not a muscle of his features was discomposed

during the solemn address of the Lord Justice-Clerk consigning him to his

doom. The female prisoner was much agitated, and was drowned in tears

during the whole course of the melancholy procedure."

The trial was thus concluded, the court having sat, with certain intervals

for refreshment, from ten o'clock in the forenoon of Wednesday, the 24th

of January, until nearly ten o'clock next morning. Burke, it has been

seen, was cool and collected, his mind having been made up before the

judicial proceedings began as to how they were likely to end. About four

o'clock on Wednesday afternoon he asked one of the jailors near him when

dinner would be provided, and on being informed that the court would not

adjourn for that meal until about six o'clock, he begged to be given a

biscuit or two, as he was afraid he would lose his appetite before the

dinner hour. M'Dougal, however, was not so calm, and during the whole

course of the trial manifested an amount of anxiety as to her position not

shown by her companion.

The History of Burke and Hare, and of the Resurrectionist Times A Fragment from the Criminal Annals of Scotland · 第 23 / 43 章