CHAPTER XXVII.

_The Legal Position of Hare and his Wife--Gossip about Burke--Mrs.

Hare and her Child--Constantine Burke--Anatomical Instruction--Mrs.

Docherty's Antecedents._

But in addition to this outcry against Paterson, the public mind was, as

has already been indicated, agitated by the rumours that no further action

was to be taken against Hare, and that he and his wife were to be

liberated. The _Caledonian Mercury_ was greatly exercised over the

following passage in the charge given to the jury at the trial by the Lord

Justice-Clerk:--"They (the jury) had been told of the Hares being

concerned in the murders. With what murders they might be chargeable, he

did not know; but to a certainty they could not be libelled on either of

the charges contained in the indictment now under trial, and which had not

been sent to the jury." The _Mercury_ argued, and quoted legal

authorities, too, that Hare and his wife were liable to be tried for the

murders of Mary Paterson and Daft Jamie, regarding which they had not

given evidence; and that the protection of the court only extended to any

self-crimination in the case in which they had given evidence. "The public

prosecutor," it was contended, "has discharged all title to molest them in

regard to the murder of Docherty, the only part of the libel against Burke

which went to trial, because they gave evidence and criminated themselves

in regard to the crime; but he has not discharged this title to pursue

them for the murder of Paterson or Daft Jamie; and, accordingly, when Mr.

Cockburn proposed to interrogate Hare in his cross-examination, concerning

his connection with the latter crime, the Court interposed, by telling the

witness that he was entitled to decline answering such a question as

tending to criminate himself, and as beyond the reach of the protection

afforded him for his evidence in the case of Docherty. It was frequently

stated from the bench, that his answering the question put by Mr. Cockburn

would implicate himself in the crime. And how else could he have been

entitled to decline answering it? As a protected _socius_, he was bound to

answer every question that should be asked him within the compass of that

protection; and if it had extended to and included the murder of Jamie,

which was included in the same charge, the obligation to answer would, of

course, have been co-extensive with the protection." The _Edinburgh Weekly

Chronicle_ lamented "the acquittal of the fiend M'Dougal," and said there

had been some very painful suspicions that the investigation of these

murders was not to be further prosecuted. "We happen to know," they said,

"that a certain public functionary (not the Lord Advocate, whose zeal in

forwarding the late trial is beyond all praise) remarked the other day

that _they_ were perfectly sick of the business, and were resolved to stir

no further in it, lest it should bring shame on the city!... In the

present state of the public mind, no Lord Advocate will dare to say, 'Thus

far--(to the death of Burke)--shall the tide of public vengeance flow, and

no farther.'... It is satisfactory to reflect, however, that our law has

wisely restricted the Lord Advocate's prerogative, so that, even were he

disposed, he cannot screen a murderer from justice, if the deceased's

relations incline to prosecute him. The law says that murder shall not go

unavenged, if either the public, represented by the Lord Advocate, or

those who have been deprived by it of a near relative, insist for

punishment. Will not, then, the friends of some of the butchered

individuals, whose blood calls to Heaven for retribution, be roused to

prosecute the butchers? No one can doubt that money would be liberally

provided by the inhabitants to defray all expenses."

The rumours which so alarmed these newspapers, and, it must also be said,

a large portion of the public, had foundation in fact. After Hare and his

wife had given evidence against Burke, they were recommitted to jail under

a warrant of the Sheriff. This was done, probably, to allow the Lord

Advocate time to consider in what relationship he stood towards

them--whether he could try them on the first two charges in the

indictment, or whether he was bound to release them, they having turned

King's evidence. He seems to have come to the conclusion that he must

liberate them, and, accordingly, on the 19th of January, the commitment

was withdrawn. This was a wise decision, notwithstanding all that was said

to the contrary at the time in the public prints and elsewhere. If the

Crown could not gain a conviction against Burke of the murder of Docherty

without the aid of two of his accomplices, it was not at all likely that

it would be able to convict Hare and his wife without similar evidence.

Thus, so far as the public prosecutor was concerned, the two informers

were free; but proceedings of another kind were taken against Hare, who

was detained in prison pending their settlement, though his wife was

liberated on the 19th of January.

Other matters were also attracting the attention of the people, for every

issue of the newspapers gave circulation to gossipy stories about Burke or

his accomplices, or relating to circumstances bearing in some way or other

upon the subject which was causing such universal interest. It was stated,

for instance, that at one time Burke made considerable sums of money among

the unlettered inhabitants of the West Port by writing begging petitions,

and that while working at the construction of the Union Canal he for the

first time engaged in the trade of a resurrectionist. Whatever truth there

may have been in the first part of this statement, there is good reason to

believe that the latter part was founded upon mere idle rumour. It was

also alleged that in the course of the preceding summer Burke made an

attack upon an unfortunate girl in St. Cuthbert's Entry, at the head of

the West Port, evidently with murderous intent. She escaped from his

grasp, and ran to the watch-house, where she gave a particular

description of her assailant to the police, who would certainly have been

able to apprehend him had he not judiciously left the city for a time

until the hue and cry was given up. It is difficult to believe that Burke

would have acted so incautiously--that he should have sought to dispense

with that drugging with whisky which so often did half his work for him.

His friendly relationship with certain members of the police force was

emphasised by a statement that he was in the habit of going home at any

hour of the night or morning, always accompanied by the constable on the

beat, to whom he gave a glass or two of whisky out of a bottle he carried

with him, and it was urged that an inquiry should be made into this breach

of discipline.

Such were the items of gossip about Burke, to which publicity was given by

the newspapers, but a charge of a serious kind was made against Mrs. Hare

in the issue of the _Courant_ published on the 1st January, 1829. It was

stated that Mrs. Hare, after Log's death, and at the beginning of her

relationship with Hare, bore a child, which the people of the

neighbourhood asserted was murdered by her. So confidently was this

allegation put forward that it was added that there would be no difficulty

in obtaining sufficient evidence to establish a case against her for

destroying the life of the infant. A singular fact was mentioned in the

same paper in connection with Hare. His mother and sister from Ireland

arrived in Edinburgh a day or two before, purposing to visit him, and it

was not until they were within two miles of the city that they were

apprised of the fact that he was involved in a series of the most shocking

murders. Another statement was that Hare, in the course of the summer of

1828, had murdered a young woman who was a servant to one of the city

clergymen. This, if true, would point to the identity of the body over the

proceeds from the sale of which Burke quarrelled with his colleague.

Another person who came in for a share of public attention was Constantine

Burke, the brother of the condemned man, in whose house in the Canongate,

it has been seen, Mary Paterson was murdered. After the trial he was

continually in danger of being maltreated by the mob, and at last the

Sheriff gave him a small sum of money to enable him and his family to

leave the city. According to the _Courant_, Constantine had always been a

sober, industrious, poverty-pressed man. He admitted having once taken a

chest to Surgeon's Square, being conducted to the place by his brother and

Hare, although he was not aware of its contents or its destination.

Receiving ten shillings for his trouble, he suspected his employers were

resurrectionists, and he then declared he would do no work for them again.

While all these stories were in circulation, thoughtful persons were

considering the revelations in their most practical bearing. They admitted

the necessity for teachers of anatomy being supplied with a sufficient

number of subjects for dissection, for it was apparent that had the

legitimate supply been adequate, there would have been little temptation

to any one to enter upon a career of crime. Theories were started as to

how the evident defect was to be remedied, letters on all aspects of the

subject were sent to the newspapers, and a wordy battle was fought out.

Amid all this clamour, on the 5th of January, 1829, several of the

anatomical teachers in Edinburgh had an interview with the Lord Advocate;

and on the 7th of the same month the Royal College of Physicians and

Surgeons held a meeting at which they passed resolutions expressing regret

that anatomical instruction, which they conscientiously believed to be an

essential part in the education of medical men, should ever have furnished

a temptation to such unexampled atrocities, and calling upon the

Legislature to remove the restrictions under which such instruction was

then given.

This, however, was only one side of the question, and the resolutions,

right and proper in themselves, only served to inflame the public mind,

for they showed that bodies obtained at least in a surreptitious manner

were being used. Other incidents added to the general excitement. Several

boys, belonging to respectable families, disappeared suddenly, and the

conclusion at once jumped at by their despairing relatives was that they

had been stolen away to supply the dissecting tables of the teachers of

anatomy. No other explanation seemed at all tenable, until the missing

lads were discovered, some days later, in a village some miles from

Edinburgh, whither they had gone to hawk broadside or pamphlet accounts of

the trial of Burke and M'Dougal. Another matter which gave additional

cause for anxiety was an attempt to steal the body of a man from a house

in Edinburgh. Early on the morning of Tuesday, the 20th January, some

passers-by observed a curious-looking package being lowered by means of a

rope from the upper window of the house. On examination, it was found to

be the body of a man named M'Donald, better known locally as "Nosey," on

account of the size of his nasal organ, who had died the day before. The

thieves had broken into the house, where the corpse was lying unattended,

and were in the act of removing it when the discovery was made. They

managed to escape by the back of the house and were never captured.

This desultory chapter may be brought to a close by an interesting item

regarding Mrs. Docherty, the last victim of the West Port murderers, to

which publicity was given by the _Glasgow Herald_ shortly after the

conclusion of the trial. "The poor woman Sally Docherty or Campbell," it

was stated, "was well known amongst the inhabitants of the Old Wynd,

Glasgow, about two years ago, where she kept a lodging-house for indigent

people. She was a thin-faced woman, generally wore a red duffle-cloak, and

had, of course, experienced a great deal of hardships in the station of

life to which she was habituated. At the period alluded to, she had a son,

a shoemaker, and a young man for a husband, of the name of Campbell. The

last time she appeared in the Glasgow police office was as the complainer

against this fellow, who is still living, for demolishing all the

crockery, and pulling down her grate from the fire-place." It was in

search of the son mentioned in this notice that Mrs. Docherty went to

Edinburgh, where she met with a death the violent nature of which was not

inconsistent with the sad life she had lived. But it is a remarkable fact

that while the murder of this poor woman was the crime which led to the

discovery of the dreadful conspiracy in which Burke and Hare were engaged,

and to the execution of the former, the popular mind speedily lost hold of

the fact, and oral tradition in many parts of the country--in the city of

Edinburgh itself--even to this day, has it that Burke suffered the last

penalty of the law on the scaffold for the murder of Daft Jamie.

The History of Burke and Hare, and of the Resurrectionist Times A Fragment from the Criminal Annals of Scotland · 第 27 / 43 章