CHAPTER XXXIII.

_The Confessions of Burke--The Interdicts against the "Edinburgh

Evening Courant"--Burke's Note on the "Courant" Confession--Issue of

the Official Document--Publication of both Confessions._

Passing mention was made in a previous chapter of the confessions of his

crimes made by Burke while he was in prison awaiting the time fixed for

carrying out the final sentence passed upon him by the High Court of

Justiciary, and it was then stated that the curious history of the second,

or _Courant_, confession, must be reserved for the proper time. Part of

that history has already been related, for it has been seen how, when the

_Courant_ announced the Monday before Burke's execution that that document

would be published in its columns on the following Thursday, the High

Court granted interdict prohibiting the publication until the proceedings

against Hare were concluded. The _Courant_ bowed to this decision, but

promised at the same time to lay before its readers the interesting paper

as soon as possible.

This, however, was only the beginning of the difficulty. In its issue of

Thursday, 5th of February, the _Courant_ stated that the interdict granted

by the High Court of Justiciary, on the application of Mr. Duncan M'Neill,

as counsel for Hare, having expired on the Monday previous (the 2nd of

February), the publishers fully intended to have inserted the confession

by Burke in their paper of that day. But, unfortunately, they had been

laid under a new interdict by the Sheriff, at the instance of Mr. J.

Smith, S.S.C. This Mr. Smith was the gentleman who had applied to the Lord

Advocate some weeks before for permission to visit Burke in prison for the

purpose of receiving from him a full confession of his crimes, and who, on

being refused, had unsuccessfully appealed to the Home Secretary. On

Tuesday, 3rd February, this gentleman applied to the Sheriff, craving that

the _Courant_ be interdicted from publishing the confessions of Burke. The

application was founded upon an allegation that the document in the

possession of the editor of the _Courant_ was intended by Burke to be

delivered to Mr. Smith, and had been given by the condemned man to a

fellow-prisoner named Ewart for that purpose. Ewart entrusted it to the

care of Wilson, a turnkey, who had disposed of it to the editor of the

_Courant_. By this means, it was alleged, the intention of Burke was

defeated; and it was further stated that the night before his execution,

in the presence of Bailie Small, Mr. Porteous, and Mr. James Burn, Burke

signed a document authorising Mr. Smith to uplift from the editor of the

_Courant_ the declaration now under discussion. This paper was in these

terms:--"The document or narrative, which I signed for ---- Ewart, was

correct, so far as I had time to examine it; but it was given under the

express stipulation that it should not be published for three months after

my decease. I authorise J. Smith to insist upon the delivery of the paper

above alluded to from the _Courant_, or any other person in whose

possession it may be; and, at the same time, I desire Bailie Small to be

present when the papers are demanded and got up, and that they may be

taken to the Sheriff's office and compared with my declaration made before

the Sheriff, which is the only full statement that can be relied on." The

Sheriff granted interdict, but on the following day a petition was

presented on behalf of the _Courant_ praying for its recall. In support of

this it was stated that Wilson, the turnkey, had disposed of the

confession to the editor of that journal for a fair price, while the

document itself had not come unfairly into his hands. The question of the

right or power of a condemned criminal to bequeath property of any

description was also raised, but was not seriously entered into. The

Sheriff, however, did not see his way to recall the interdict, and said it

was worthy of some attention whether the document given to Ewart was not

to be published until three months after the death of Burke.

But whatever may have been the method adopted by the _Courant_ to obtain

possession of the confession, it is at least certain that the document,

though its publication for a time was laid under interdict, was not

uplifted, and that it was ultimately issued to the public long before the

period stipulated for by Burke. This was probably due to the fact that a

new set of outside circumstances emerged which rendered it imperative that

the private confession should be published if any profit was to be gained

or enterprise shown. The Lord Advocate had given orders for the issue of

the official confession to all the newspapers, and the competitors for the

ownership of the other document were thus forced to come to a mutual

arrangement.

On the 5th of February, the day on which Hare was liberated, the Sheriff

addressed a letter to the Lord Provost of Edinburgh, in the course of

which he said:--"As it is now fully understood that all proceedings of a

criminal nature against William Hare have terminated, it has appeared to

the Lord Advocate that the community have a right to expect a disclosure

of the contents of the confessions made by William Burke after his

conviction. I have, therefore, to place those confessions in your

lordship's hands with the view to their being given to the public, at such

a time, and in such a manner, as you may deem most advisable.... It may be

satisfactory to your lordship to know, that in the information which Hare

gave to the Sheriff on the 1st December last (while he imputed to Burke

the active part in the 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 evidence could

be obtained calculated to show which of them was in the right. Your

lordship will not be displeased to learn, that after 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 contained in the frightful catalogue to which they

have confessed."

This action on the part of the Lord Advocate was simply a formal way of

making the public aware of the contents of the confession, the Lord

Provost being the official representative of the citizens of Edinburgh.

He, in his turn, sent the document to the newspapers for publication. Of

course, when the people read it they would be initiated into the secrets

of the conspiracy engaged in by Burke and Hare, and the _Courant_ managers

saw that it would forestall their confession, even though it was fuller in

detail. There must have been a hasty consultation with Mr. Smith, for on

Saturday, the 7th February, the two confessions appeared in that journal,

accompanied by the following editorial note:--

"The interdict of the Sheriff on the publication of the confession and

declaration of Burke, which has been for some time in our possession,

having been withdrawn in consequence of a mutual compromise, we now

publish this document, along with a declaration signed before the

Sheriff, and sent by him to the Lord Provost for publication the day after

he had pronounced an interdict against the _Courant_. It will be observed

that the declaration before the Sheriff is dry and meagre in its details.

The declaration which we publish is much fuller, and contains minute and

striking circumstances which were never before laid before the public. The

publication of this declaration and confession has been delayed by various

proceedings; of which, however vexatious, we are not disposed to complain.

The interdict of the Court of Justiciary being deemed essential to the

ends of justice, we yielded an immediate and respectful obedience to this

order. The first interdict by the Sheriff, at the instance of a private

party, was granted as a matter of course; and that interdict, after our

application to have it recalled, was continued by a well meant but

erroneous judgment. However we might be disappointed by the decision, we

did not conceive that we had any right to complain. But we certainly do

complain, that, after the Sheriff had laid the declaration which we

possessed under an interdict, he should, the very next day, have

published, or sent for publication, another declaration. We complain of

this the more, because the very ground on which he decided to continue the

interdict against us was, that our interest would be less injured by delay

than that of the other party by removing the interdict; and yet, in the

face of this decision, he publishes a document which, for ought he knew,

might be identically the same as ours, and by the publication of which our

interest would not merely be injured, but utterly ruined. We certainly

think that this is an extraordinary mode of procedure. A judge in the case

first interdicts the publication of a certain confession or declaration,

telling one of the parties that he cannot suffer much injury by the delay,

and the very next day publishes a declaration by the same person, to the

injury, perhaps to the utter destruction of any interest the party had in

the matter at issue. We really think that the dangers of delay are here

exemplified in a very instructive manner; for if we had known that the

very paper, as we could judge, about which parties were at issue, would be

published the next day by the Sheriff himself, how would this have

strengthened our argument against the continuance of the interdict? Such

are the facts of the case; considering them carefully, they certainly

appear to be somewhat irregular; and the effect was certainly calculated

to prejudice, nay, to ruin our interest, if the paper in the possession of

the Sheriff had not been so meagre and unsatisfactory, compared with the

declaration we publish."

The _Courant_ showed its annoyance at the turn affairs had taken, but

while doing so it made every effort, and that successfully, to outstrip

its contemporaries. Besides publishing the two confessions in full, it

gave a _fac simile_ of the note in Burke's handwriting, appended to the

document in their own possession, over which there had been so much

dispute. There is one thing in favour of the _Courant_, or unofficial,

confession, and that is the paper signed by Burke the night before his

execution. He there testifies as to its accuracy, so far as he had had

time to examine it. At the same time, in view of the many discrepancies

between the two documents themselves, and what was brought out by

subsequent investigation, it must be admitted that in many respects they

are defective as records of the terrible series of crimes in which Burke

and Hare participated.

The History of Burke and Hare, and of the Resurrectionist Times A Fragment from the Criminal Annals of Scotland · 第 33 / 43 章