If the world is rife in unknown crimes, it is still more rich in winking

toleration, insomuch as there is generally several winkers to one actor,

and the former are of various kinds, while the latter is limited in his

passion. Some are cowardly accorders, who favour the crime which they have

not courage to commit; others are selfish, and expect benefit from their

convenient nictation; and some there are who would be injured by the

virtue of others having its own reward. So it is that the world,

notwithstanding grave faces and simpering moralities, contains within its

circumference only a trifle fewer rogues than inhabitants, the residue

being God's own--stern beings who have fought the devil at his own weapons

and conquered. These have a certain price in another place, where the

golden streets are happily not liable to be coined; but here they are of

small account, where money is the measure of a man's worth. We have

already seen that even such men as Burke and Hare had their sympathisers

and secret-keepers; but these were low, and therefore liable to be

tempted; and it may be said that we have different men to judge when we go

to the halls of science and seek for the winking tolerators of wholesale

murder.

So far we admit, and we would be sorry indeed to do these men and youths

injustice. We know that great authorities, such as _Blackwood_, and

smaller ones, such as Colonel Cloud, accused them of art-and-partship as

resetters, and that the public at large did not hesitate even to

vociferate anathemas before a regular trial--with the devil's advocate to

plead for them--qualified them for excommunication by book, bell, and

candle. All this goes for nothing with us at a time when it was said the

fire of passion would be allayed, and sober reason exert her

authority.[12]

It is fair, and even necessary, to assume as a fact, which, indeed, we

have seen established by the practice of "Merry-Andrew" and the "Spune,"

that the disinterring craft were in the habit of purchasing dead bodies

from poor lodging-keepers or relatives, in all which cases the bodies

would be very different in appearance from those procured in the ordinary

way. We suspect, from the nature of the Scotch character, with its

sympathies and friendships, that those examples were not at any time many;

and the best evidence of this is, that under such an easy system, the

resurrection trade, always difficult and precarious, would not, especially

after the indictment of Dr Pattison of Glasgow in 1814, have been so

assiduously prosecuted. Such a system, too, depending upon the character

of a people and the feelings of individuals, must be supposed to have been

under the regulation of those natural, or, if you like, unnatural, laws to

which all organic beings are subjected. If, during a period of a decade,

examples of such purchase and sale were only one or two in a year, even

increasing _paulatim et gradatim_ to three or four, we would not be

prepared for a sudden increase starting up all at once in one year to from

sixteen to twenty; and there were many people who calculated the number in

our "Court of Cacus" at thirty. We may insist here a little upon this

view, because, amidst all the outcry against Knox and his assistants, it

was never taken into account.

Nor could this sudden rise have appeared the less startling to any mind

below that of an idiot, that this new trade was not spread over a great

number of persons--and nothing less than a _very_ great number could have

sufficed for watching, ferreting, persuading, bribing--overcoming all the

prejudices arrayed against an act of sale--but was altogether engrossed by

two poor squalid Irishmen, who had come into the trade by a leap, and all

but superseded the old experienced hands. If we were to make the

supposition, that now, or at any other period in the history of Scotland,

two Irishmen had taken it into their heads to set up a trade of this kind

in the city of Edinburgh, we would soon come to an estimate of their

success, if the doubt would not rather be, that if they got one body in

the course of a whole year, it would be no less a wonder than a shame. Nor

was there any reasons which might have led the recipients in the Square to

suspect that these two solitary individuals were merely the agents or

hands of a "dead-body company," or a joint-stock affair, with one of the

crack names, "Association for the purpose of purchasing dead bodies, for

the benefit of science and the human race," a supposition which alone

could have reconciled men with eyes in their heads, and brains in those

heads, to the anomaly before them.

But above all, that which had so much the appearance of justifying the

public rage, was the state in which the contents of these bags, boxes,

and chests were presented to the purchasers. One example may serve for the

whole. There was no reason for supposing that more violence was expended

upon Mrs Docherty than upon the others, if we are not rather to suppose

that the younger and stronger cases required more vigour, as presenting

more resistance. Even in the weakest cases, the _præsidia vitæ_ upon which

nature has expended so much labour are not to be overcome by external

force weakly exerted, and without leaving marks easily detected, even by

the unlettered in anatomy; but we have only to mention the case of Daft

Jamie, who fought manfully to the end, as an example of the necessity of

leaving upon the body even greater signs of violence than those presented

to the eyes of Dr Christison. Taking the little old woman as a fair medium

between the young and the old, the weak and the strong--you may remember

the examination report: contusions and bruises everywhere, extravasation

of blood, blotches of the same crying evidence, and finally the Lydian

test of the abraded skin of the throat,--while less or more of these marks

must have appeared in every one of the sixteen known cases, we cannot even

suppose a solitary example of one where they could have been altogether

wanting; and this led many to wonder at the time how the men preferred

violence, with so many chances of detection, to the soffana death-drops of

some subtle poison, the effects of which were far less likely to be

discovered by mere anatomists, curious about structure only, and so far

removed from the duty of a _post-mortem_ examination. With no pathological

views in their minds, they never would have dreamt of smelling for prussic

acid, or searching for the ravages of green vitriol or arsenic, any more

than they thought of drawing up their noses under the effluvia of

whisky--an evidence which was never absent, and could not be mistaken, and

must have led to the curious conclusion that all the bodies sold by

friends were those of drunkards, and drunkards alone.

These contusions, and the invariable thumb-mark on the throat, were,

according to the gentle supposition, to be overlooked by men all on the

alert to see the cloth taken off--curious investigators into the arcana of

nature--most zealous inquirers into the structure of the human body--among

whom anything abnormal, or departing from ordinary laws or appearances,

produced a speculation, fraught not only with the ardour of science, but

the contentious conceit of young aspirants. Nay, these sharp professional

eyes were not the first examiners, for they came after the decision of the

mercantile, which scanned the value to fix the price. We are aware that

there never was an enunciation, not excepting the famous _what is is_,

without the condition of being liable to argumentation, and we are far

from wishing to deprive these men of their defence; but that they should

have treated as they did the imputation cast upon them, of, we do not say

winking toleration, but something like pretty wide-awake suspicion, as an

Argive calumny, pointed with venom and shot by passion, was going to the

other extreme. Offended innocence is not always the meek thing represented

by poets, yet it seldom takes on the form of a man at a window[13]

threatening to shoot the officials of the law if they dared to question

for the ends of justice so innocuous and ill-used a victim of public

prejudice.

In all we have said we have assumed that these suspicions were to cast up

their shadows in the magic-lantern of minds, quite free from any

recollections or surmises of any body having ever been offered, in the

Square or neighbourhood, which could be said to have come to a violent

death. The assumption which was set forth at the time was not true, for it

turned out to have been pretty well known--and what professional scandal

is unknown to students?--that some six months only before, and when the

Irishmen were in full feather, the body of a female was offered for sale

by some ill-looking men--we do not say, as was said, of Burke's gang--to

the assistant of another teacher of anatomy in the city. The men were not

known to him as regular "Spunes," but as a subject was required, he

consented to accept of it, after being satisfied that it suited him. They

said that they had it now, and would bring it to the rooms in the evening,

between nine and ten o'clock, and at the appointed hour they made their

appearance, with a porter bearing the sack. The burden was taken in and

turned out of the bag, when it proved to be the body of a woman of the

town, in her clothes, with her shoes and stockings on. The startled

assistant proceeded at once to an examination, when he found a fracture on

the back part of the head, as by a blow from a blunt instrument. "You

d----d villains," cried this honest doctor, "where and how did you get

this body?" Whereto one, with much self-possession, replied, "It is the

body of a w----e, who has been _popt_ in a row in Halkerston's Wynd; and

if you don't take it, another will." The assistant then proposed, with the

intention of having them apprehended, that they should wait till he sent

for his principal; but the men, taking alarm, made off with their cargo,

and soon found a less scrupulous customer. This statement, which was given

on authority, was accompanied by an assurance that equally suspicious

cases were by no means rare.

In addition to this preparation of the mind, as it may be called, to look

suspiciously on introductions coming out of the regular way, with the

admission made that they had not been exhumed, and with the inevitable

traces of violence which could not be blinked, there was the peculiarity

on which, perhaps, the greatest stress was laid, that in one of the

cases, at least, there was a recognition of the individual by one of the

students as having been seen and conversed with by him, in terms of more

than ordinary intimacy, only the night before, or at least a very short

period, countable by hours. We allude to Mary Paterson, "the study for the

artist," who, though naked, was said to have made her appearance on the

table _en papillote_--not to be believed--but who, for certain, attracted

so much observation, yea, admiration, that the recognition by the youth

could not have fallen as an idle brag. The case of Daft Jamie, the

collegians' favourite of almost every day's fun, was so much stronger,

that there seemed no mode of accounting for the pure innocence of

Surgeon's Square, except upon the supposition that all the students had,

in the course of a day, been merged in some Lethe. No great wonder that

the most zealous defenders of the craft were here contented with a simple

shaking of the head, for, to be sure, even the devil's advocate has not an

interminable tether.

These charges are very practical, and even to us, at this distant period,

who would be regulated by reason and truth, and cannot be under the

influence of passion, are hard bones. Independently of our estimate of

youths--putting Knox out of the question,--of good birth and parentage,

whose generous hearts would revolt from the thought of a guilty

cognisance,--some of these assistants who came in contact with Burke, "and

no questions asked," have risen to rank in their profession, and bear a

high character for honesty and humanity. "They ken their ain ken;" but

their negative defence leaves their friends to the slough of mere

metaphysics. We all know that mysterious attractiveness and repulsiveness

of the mind which makes such fools of even the most practical of mankind.

The man would not look through Galileo's telescope, because he knew

beforehand that there was nothing to be seen; but he did no more than

every man does every day he lives. We all know that we may look, and not

see, hear, and not understand; yea, though the image of the outer thing

may be in black and white on the back of the eye, and the words play their

intellectual tune on the drum of the ear, you may neither see the one nor

hear the other. The bird-lime of acceptance is not present, and there is

even more--an absolute recusancy in proportion to some reigning wish in

the form of what we call a prejudice. All this is alphabetic, and we might

go deeper and get lost, but there is no occasion. The truth is, that these

medical students had a strong wish for subjects. This rose out of another

wish, that for knowledge, and this again came out of one behind, a wish to

shine or make money,--the benefit to mankind being only that thing which

we all understand when we hear people getting philanthropical in

recommending their leather, as contributing to the good of the eternal

sons of God. Then the next truth is, that they _did_ suspect, and

becoming the paradoxes which so many unconsciously become, did not _know_,

in the sense of an apprehension, that they suspected. When the thought

sought entrance to the mind, always under the cogency of the repulse of

unwillingness, it was either thrown out or dissolved; to all which the

authority of their leader or lecturer contributed, and not less the

generosity of their own hearts, naturally seeking uniformity, and averse

to think so ill of human nature, as was required to be implied in an

atrocity never before heard of in the world. If the thought had ever come

so strong upon them as to have amounted to an active conviction, why, then

they must have glided into the crime of winking toleration, and to that,

we verily believe, they never came. There were only three of these young

men who took an active charge. If there had been a score, we might have

conceded that one, perhaps two, might have been found among them capable,

by the predisposition of an evil nature, to have quietly succumbed to the

force of such startling appearances; but judging of the proportions

according to what we find among men, we require a large number for the

successful selection of the devil's own. In short, they were very much in

the position of resetters, who, standing in great need of the article,

take refuge from a suspicion which would injure them in the fallacious

eloquence of the naturally selfish heart, and casting up behind them

intervening obstructions to the light--a kind of weakness into which all

mankind are less or more liable to fall, and against which they are ready

to recoil when the passion of possession decays. It requires only

superficial looking to bring us to the conclusion, that the world is a

great collection of "wee pawns," every man resetting some thought or

feeling, false in itself, and improperly come by, and wrongfully retained.

The difference here lies in the fact, that we have not yet come to hold

this a crime, nor are we likely to do so till regeneration comes wrapt up

in the world-wide cloak of the millennium.

In what we have said, we refer only to those who superintended the

division of the bodies and the work of the rooms, and were those who came

in contact with Burke. As for the curator, who is still a respectable

inhabitant of Edinburgh, and upon whom the short-lived blind fury of some

newspapers of the time fell, with much surprise to himself, and much

indignation elsewhere, he was, of all the parties concerned, the most free

from blame; nor did any one but himself come forward and assist the

authorities in the prosecution. Nay, it is understood that, under a

passing reflection that the number of apparently unexhumed bodies brought

by these men required explanation, he mentioned the circumstance to his

principal, and that gentleman silenced him at once by the statement that

they had long known of the practice of sale and purchase, and so the

suspicion passed away. And, indeed, in reference to them all, it requires

to be kept in view that Dr Knox's great characteristic was his desire to

subjugate all people to his will; and every one knows the insidious power

of authority. Accordingly, in so far as regards that gentleman, left to

the active fury of a mob which he braved, and to the suspicion of more

thinking people whom he tried to conciliate, we have little to say. His

whitewashing process, consisting of the printed judgment of his conduct by

a committee of eminent men, went a considerable length in his favour, and

yet did not save him from almost general suspicion. The evidence was all

of his own selection; the world never knew what it consisted of; and

though we are bound to admit that the umpires vindicated the privilege of

searching and satisfying themselves, he behoved to be still their

director, and, if he chose, their obstructor. Perhaps those who knew the

man the best, and those who knew him the worst, were the least

satisfied,--the latter being under passion, and the former aware of a

power of conciliation and persuasion under the guidance of a self-love and

power of will not often to be met with, and all this professedly not

regulated by any sense of religion or respect for public morals. In him we

have seen already the one gut-string playing several airs, but without a

touch of pity: the soft was not indeed his forte, his preference lying in

the direction of those examples we have already given--the joke upon

Professor Jameson, the poisoned satire upon Liston, the egotism among the

Taymouth Castle guests, the adulation of the Marquis of Breadalbane. Nor

can we forget, beyond all, the admitted perspicacity of one of the best

anatomists of his time, which, if it had been called in question in an

ordinary autopsy, with the most recondite appearances of poison or

violence, would have been vindicated by a power and success, accompanied

by a bitterness not often witnessed among scientific men. In his letter of

11th January 1829, to the curator of his rooms, he said, "All such matters

as these subside in a short time." "Not so," added the editor of the

_Mercury_; "such matters cannot subside till such time as he (Dr Knox)

clears himself to the public satisfaction." Time, we fear, has shewn the

falsehood of the one statement, and the hopelessness of the other. The

same suspicion remained, yea, remains still, and we fear will go down

through all time with the record of a story destined ever to be the

greatest example of man's wickedness, when left to his idol, that has ever

appeared.

The Trial.

In November 1828, a citation was served upon William Burke and Helen

M'Dougal to appear before the High Court of Justiciary to be held at

Edinburgh, the 24th day of December, at 10 o'clock forenoon, to underlie

the law in the crime of murder, on three separate indictments. The first

comprehended the case of Mary Paterson, as having occurred in the

preceding month of April in the house of Constantine Burke; the

second--that of James Wilson, or Daft Jamie--in October of the same year

in Log's house, situated in Tanner's Close; and the third--that of Madgy,

Marjory, or Mary M'Gonegal or Duffie, or Campbell, or Docherty--in

November, in Burke's house, Portsburgh. The libel contained also a list of

a great number of articles of dress worn by the victims, and identified,

and, among others, Mrs Docherty's gown, and Daft Jamie's brass snuff-box

and spoon.

The presiding judge of the Court at that time was the Lord Justice-Clerk

Boyle; the other judges, Lords Pitmilly, Meadowbank, and M'Kenzie; and the

prosecutor, Sir William Rae, Lord Advocate. The leading counsel for Burke

was the Dean of Faculty, that for M'Dougal, Henry Cockburn, James Tytler

being the Crown agent. The witnesses were fifty-five in number--the two

principal, Hare and his wife, received as king's evidence in the

characters of _socii criminis_. The panels having taken their places at

the bar in the midst of a crowded court, filled long before the opening of

the doors by people who had the privilege of influence, and whose numbers

were only as a trifle in comparison of the mass outside, Mr Patrick

Robertson, one of Burke's junior counsel, made a technical objection to

the reading of the indictment, which was overruled. A defence was then

lodged for Burke, and supported by the same counsel, on the ground that it

was contrary to the law of Scotland to combine in one libel so many

charges and two separate panels. The argument, which was a long one,

involving points of law and practice, was followed up by the Dean of

Faculty, and answered by the Lord Advocate, with this result, that the

judges, with the consent of the public prosecutor, agreed to limit the

charge to the case of Docherty, and thus limited, the proceedings went on.

The various witnesses, forming, however, a very small portion of the whole

fifty-five cited, appeared in succession to give their evidence. Every

word uttered by every one was caught by ears strung to the highest pitch

of sensibility; and throughout the entire day, the deep silence, more

like that of a death-chamber than a court, was as much the expression of

curiosity as of awe--reminding one, too, of the stillness of an audience

where the feelings are claimed by oppressed virtue with the encircling

meshes in which innocence is to be involved by death getting closer and

closer as the scenes succeed. The interest lay in the gradual development,

while the heart was affected by all the different passions which, changing

from pity for the victims to hatred of the murderers, were kept in

continual agitation. Over all, there was the oppressive awe inspired by

the presence of the fearful men and women, as if they had been demons of

monstrous forms and powers placed there under restraining bonds. At

several times,--and especially when Hare described the screigh of the

little old woman which preceded that ten minutes' agony in which she lay

under the pressure of Burke--Hare being all the while, according to his

lie, sitting coolly looking on,--you might have heard deep sighs escaping

from strong hearts, in spite of resolutions to restrain them. Even then

the grateful creature, who seemed to have trusted Burke alone, and

defended him in the preceding sham fight, was only "dead a wee," and the

process was to be resumed. But even this effect was transcended, if

possible, by the very manner in which the witness stated how the victim

was presently stripped, and after being bound neck and heel, was cast,

mangled and bloody, among the straw in the angle between the bed and the

wall. The dominant idea seemed to bring into light all the surrounding

objects--the table pushed aside, the old chairs, the squalid bed marked

with the blood of prior victims, the women listening with expectation in

the long dark passage, the two men panting after the struggle, and

bringing forth on the top of their long-drawn breath ribald jokes, and

even accomplishing a laugh,--all followed by the rush in of the women, and

the resumption of the drink, the song, and the dance.

To the greater part of those assembled in the court, all this was

comparatively new, for great secrecy had been observed by the officials.

Yet the effect of the great scene did not diminish, or rather, it

increased, the interest in the particulars,--the suspicions of the

Grays--the restlessness of the murderers under the impression of impending

discovery--the lies about having turned the poor creature out because she

was too intimate with Burke--the start of Mrs Gray when she seized the arm

of the body among the straw--the lifting up of the head by her husband,

and the recognition of the features of the woman who had been dancing and

singing so short a time before--then the pressing down into the tea-chest,

and the sally forth of the whole gang to Surgeon's Square, from thence to

Newington for the price. And as in a tragedy we find collateral lights

thrown in by the scintillations of genius to increase the effect of the

stronger scenes, so here these were not wanting. How much the sympathy

for the little old woman was increased by the love and gratitude she

expressed for her benefactor, Burke, when contrasted with the savage eyes

that glared upon her as she lay under his death-grasp! Another of these

smaller traits going to the aid of the general effect, was the fact stated

by the prior witnesses, that when she met Burke, she was going about

seeking for her son; and this yearning had only given place for a little

to the new feeling of gratitude with which she strove to repay the

sympathy of him who had from the first made up his mind to slay her. It

was even whispered that that son was in the court listening to the fate of

his mother; and, whether true or not, it did not fail of its contribution.

The Court of Cacus; Or, The Story of Burke and Hare · 第 12 / 17 段