CHAPTER XXIV.

_The Interest in the Trial--Public Feeling as to the Remit--Press

Opinions--Attack on Dr. Knox's House._

The news of the result of the trial spread rapidly. All the Edinburgh

newspapers gave lengthened reports of the proceedings--putting the

"affairs of State" to a side for once--and in those cases where the usual

publication day of a journal was on the Thursday, the day on which the

trial closed, second editions containing the verdict and sentence were

issued. The _Evening Courant_ was at the pains to obtain statistics of the

circulation of the newspapers. Between the Thursday morning and Saturday

night it was calculated that not fewer than 8000 extra copies were sold,

representing a money value of nearly £240. This was certainly surprising

when the high price charged for the journals is taken into account, and is

a testimony to the intense interest taken in the trial by the people at

large.

The result of the trial was received with mingled feelings. The liveliest

satisfaction was felt at the conviction of Burke; but the dismissal of

M'Dougal, and the probable escape of Hare and his wife through having

become informers, caused a great amount of discontent. The evidence given

by the two principal witnesses showed that they were as much guilty of the

offence as Burke himself, and an impression began to get abroad that Hare

was after all the leading spirit in the conspiracy, and that he had, as

the counsel for the defence had suggested, made Burke his last victim.

This strong dislike, or rather detestation, to Hare did not, however, have

a compensating effect by producing sympathy for Burke--the popular mind

was too deeply convinced of his guilt to think that he other than fully

deserved the doom that had been pronounced upon him. And the peculiar

feature of the matter was this, that while there was no need for the Lord

Advocate proceeding further against Burke in respect of the first and

second charges on the indictment, since he had been condemned on the

third, the great mass of the people pronounced an unmistakable verdict of

guilty against him for the murder of Daft Jamie; and the _Courant_ shortly

after the trial deepened the impression by stating that it was Burke

himself who enticed the poor natural into his den, though there is every

reason to believe that this was a mistake. The disappearance and cruel

fate of that unfortunate lad had perhaps more to do with the "prejudice,"

as it was called at the trial, against the two prisoners and their

accomplices than any other item in the case.

The _Caledonian Mercury_ of Thursday, the 25th December, the day on which

sentence was passed, had the following among other comments on the

proceedings of the previous twenty-four hours:--

"No trial in the memory of any man now living has excited so deep,

universal and (we may also add) appalling an interest as that of William

Burke and his female associate. By the statements which have from time

appeared in the newspapers, public feeling has been worked up to its

highest pitch of excitement, and the case, in so far as the miserable

pannels were concerned, prejudiced by the natural abhorrence which the

account of a new and unparalleled crime is calculated to excite.... At the

same time, it is not so much to the accounts published in the newspapers

which merely embodied and gave greater currency to the statements

circulating in Society, as to the extraordinary, nay, unparalleled

circumstances of the case, that the strong excitement of the public mind

must be ascribed. These are without any precedent in the records of our

criminal practice, and, in fact, amount to the realization of a nursery

tale. The recent deplorable increase of crime has made us familiar with

several new atrocities: poisoning is now, it seems, rendered subsidiary to

the commission of theft: stabbing, and attempts at assassination, are

matters of almost everyday occurrence; and murder has grown so familiar

to us, that it has almost ceased to be viewed with that instinctive and

inexpressible dread which the commission of the greatest crime against the

laws of God and society used to excite. But the present is the first

instance of murder alleged to have been perpetrated with aforethought

purpose and intent of selling the murdered body as a subject of dissection

to anatomists; it is a new species of assassination, or murder for hire;

and as such, no less than from the general horror felt by the people of

this country at the process, from ministering to which the reward was

expected, it was certainly calculated to make a deep impression on the

public mind, and to awaken feelings of strong and appalling interest in

the time of the trial. Of the extent to which this had taken place, it was

easy to judge from what was everywhere observable on Monday and Tuesday.

The approaching trial formed the universal topic of conversation, and all

sorts of speculations and conjectures were afloat as to the circumstances

likely to be disclosed in the course of it, and the various results to

which it would eventually lead. As the day drew near, the interest

deepened; and it was easy to see that the common people shared strongly in

the general excitement. The coming trial they expected to disclose

something which they had often dreamed of or imagined, or heard recounted

around an evening's fire, like a raw-head-and-bloody bones story, but

which they never, in their sober judgment, either feared or believed to be

possible; and they looked forward to it with corresponding but

indescribable emotions. In short, all classes participated more or less in

a common feeling respecting the case of this unhappy man and his

associate; all expected fearful disclosures; none, we are convinced,

wished for anything but justice."

This was the expectation of the public, but it was, unfortunately, not

altogether realised. True, the mystery attending the murder of Mrs.

Docherty had been cleared up, but owing to the legal objections nothing

had been said as to how Mary Paterson and Daft Jamie met their death. This

had operated against a proper disclosure in more ways than one. The

limitation of the indictment confined the informer's evidence, one-sided

though it undoubtedly was, to one crime, and prevented it being given in

the case of the others; and, further, that limitation did away with the

necessity of calling Dr. Knox and the other medical men whose names were

on the list of witnesses, and who were supposed to be mixed up in the

transaction. "Where are the Doctors?" was the question when the trial

closed without any appearance of them; and it was repeated out of court

with threatening emphasis. In the case which went to trial, and on which

Burke was condemned, there was really no need for them. The body had been

recovered and identified; there was no doubt as to the murder; the whole

subject of inquiry was--By whom was it committed? Had the other charges in

the indictment gone to the knowledge of an assize, the evidence of the

doctors and their assistants would have been required, for they, and they

only, could have spoken to the appearance and probable identity of

subjects supplied to them about certain dates, and supposed to be the

bodies of the unfortunate victims of the persons placed at the bar. Then,

they would have been indispensible; as it was, they were not needed, with

the result that public curiosity had only been whetted, not satisfied. And

a circumstance that helped to make this feeling all the more intense was

that the indictment, in so far as it related to the first two charges,

seemed to have been framed on information supplied by Hare; while the fact

that the Lord Advocate made them part of the libel, and intimated the

production of certain articles belonging to the two victims, gave more

than reasonable ground for the assumption that he was convinced he had a

good case, otherwise he would not have sought to lay it before a jury.

This fact, combined with the natural thirst for legal vengeance, gave the

public hope that the officers for the Crown would be able to put Hare and

his wife upon their trial for some crime other than any that were

mentioned in the indictment, but in the same series, and that by this

means the whole plot, with all relating to it, would be laid bare.

All these circumstances caused a strong feeling of discontent among every

class of the community, but especially among the lower orders, who seemed

to think their lives menaced by criminals of the stamp of Burke and Hare.

Much excitement consequently prevailed, but though disturbances were

feared by the authorities, no serious breach of the public peace occurred

until Sunday, 28th December. On that day a band of young men attacked Dr.

Knox's house in Minto Street, and they were only driven off by a strong

force of police after they had broken a great quantity of window-glass.

The History of Burke and Hare, and of the Resurrectionist Times A Fragment from the Criminal Annals of Scotland · 第 24 / 43 章