'This last circumstance has led to a misapprehension on the part of the

public. It is very generally believed that the members of the medical

profession are a party concerned, and that they have an interest beyond

that which others have in obtaining greater facilities of dissection.

This is true, as far as it relates to the teachers of anatomy and the

students; but the former are very few in number, and the latter are not

of sufficient importance, and are too limited in their acquaintance

and connexion for their sentiments to be much regarded, or even to

be known. It is not true as to medical practitioners generally: they

have laid in their store of knowledge; they rarely find it necessary

to return to the labours of the dissecting-room; or if they wish to

inspect the dead body for the purpose of satisfying themselves as to

a particular point, they have ample opportunities of doing so in the

_post mortem_ examinations made for the purpose of ascertaining the

cause of a patient's death.

'If the existing race of medical practitioners were so narrow-minded as

to consult only their own private interests, they would be pleased to

see the rising generation brought up in comparative ignorance, inasmuch

as it would make it more difficult for themselves to be superseded in

their practice as they advance in years. If they have been more active

than others in calling the attention of the legislature to the subject,

it has been on purely public grounds; not because they expect or can

expect any benefit to themselves, but because their peculiar situation

makes them more competent than other individuals can be to form a

judgment of the mischiefs which may ultimately arise to the community,

if nothing be done to remove the existing evil.'

It must be admitted that the foregoing remarks, emanating from so

eminent a man as Mr. Brodie, cannot but possess, at the present

juncture, considerable value, as the subject has been again brought

before the legislature by Mr. Warburton, and no doubt now exists that,

from recent circumstances, some enactments will be passed to legalize

dissection, and to facilitate the procuring of bodies for the supply

of the anatomical schools. As we shall have occasion to recur to

the subject in a future part of our work, we shall now refrain from

making any further comments on it, and proceed to the trial of the

resurrectionists, for the murder for which they were committed.

The 2nd of December was the day fixed for the trial of the prisoners

charged with the murder of the Italian boy; and as early as eight

o'clock in the morning the court was crowded to excess.

We cannot but here speak in terms of reprobation of the vexatious

conduct pursued by some of the city officers in regard to the admission

of persons to the body of the court and the galleries, who, in some

respects, had a title to be admitted. Personally speaking, when we

presented ourselves at the gate, demanding entrance, as having the

key of the box appropriated to the Committee of the City Lands, we

were told, in the first place, that the box was full; this was at

half-past eight in the morning. On remonstrating with the officer, and

expressing our opinion that he was acting reprehensibly in refusing

admittance to a person having the key of one of the committee to whom

the box belonged, we were met by the objection, that it was by no

means improbable but that the common-councilman would come himself.

This we declared to be almost an impossible case; for, as we were

in possession of his key, it amounted to the proof that he had for

that day relinquished his right, and that we were to be regarded, in

every respect, as his substitute. Mr. Cope was then sent for, and he

declared also that the box was full; that nine persons had obtained

admission with _one_ key, and that were he to admit us, we should

not be able to find room. We then asked Mr. Cope, how he would act

if the common-councilman appeared himself, demanding admittance, and

whether he was invested with any power to refuse such an admission to

an accredited member of the Corporation, who, as such, possessed a

positive right to a seat in that box, of which it was not in the power

of Mr. Cope to divest him. Still the plea of the fulness of the box was

urged; and finding all remonstrance to be vain, we despatched a friend

for the common-councilman himself to come and insist upon his right. In

the interval, however, the gate was opened, as if by some talismanic

power, and on our entering the box, we found the statement of its being

full completely false--two out of the five benches were not occupied at

all, nor during the whole of the day was the box ever full.

We have merely adverted to this circumstance, as it may operate as a

warning to those who so unjustifiably took upon themselves the power

of refusing admittance to a court of justice to individuals invested

with an authority to exact admission, and by which act they were, in

reality, setting themselves up in opposition, and in actual defiance of

the very persons by whom they had been appointed to the offices which

they hold.

At nine o'clock the deputy recorder, Mr. Sergeant Arabin, came into

the court, when the prisoners, John Bishop, Thomas Williams, and James

May, were placed at the bar; and the indictment having been read over,

charging them, in one count, with the Wilful Murder of CARLO FERRARI,

otherwise Charles Ferrier; and in another with the Wilful Murder of a

male person, whose name was unknown. They severally pleaded Not Guilty.

The jury was then sworn, and a short case having been disposed of, at

ten o'clock Chief Justice Tindal, Mr. Baron Vaughan, and Mr. Justice

Littledale entered the court, with the Lord Mayor and Sheriffs.

The bench was crowded with persons of rank, amongst whom we perceived

the Duke of Sussex.

The prisoners were again put to the bar. They seemed but little moved

by the awful situation in which they were at that moment placed, and

they encountered the inquisitive glances of the assembled crowd with

a careless air. Their appearance rather indicated low cunning, than

hardened ferocity. In the countenance of Williams, there was something

unusually repellent, and on the Duke of Sussex taking his seat, and

applying his glass to his eye, Williams appeared to direct his stare

full upon his Royal Highness with all imaginable impudence, as if he

were almost determined to stare him out of countenance.

Mr. BODKIN having opened the case,

Mr. ADOLPHUS proceeded to state the leading facts of it to the jury.

In doing so, he said, that he did not feel it necessary to solicit

their most serious attention to it, for he knew it would receive such

attention from them, being a case in which the three prisoners at the

bar stood charged with the foul crime of murder; and one of which, as

persons living in society, they must have heard a great deal for many

days past. After paying the usual compliment to the jury, on the ground

of their respectability, which, by the bye, would be 'more honoured

in the breach than in the observance,' and declaring, as usual, that

he never had the honour of addressing a jury more competent by their

talents and station in life, to deliver a true and conscientious

verdict; he also, as usual, declared himself to be a very humble

individual, and that he was fully impressed with the conviction, that

a case of such great importance might have been entrusted to far more

abler hands than his own. After this positive compliment to the jury,

and the negative compliment to himself, the learned counsel proceeded

to state, that he was fully aware that the jury knew this to be a case

of the greatest and most important interest, and he felt certain,

that the gentlemen of the jury required no suggestions from him to

induce them to pay the strictest attention to all its details; and

having alluded to the interest which it excited out of doors, he was

sure that he need scarcely remind them, that they should not allow

themselves to be at all swayed by any thing that they might have heard

with regard to this case, previously to their entering that box, but

that their duty there was merely to judge the case by the evidence

which should be laid before them. When he spoke on their deciding on

this case according to the evidence which should be laid before them,

he begged to say, that there was one point on which he was anxious to

call their serious attention. In cases of murder, it often happened

that the direct evidence of eye-witnesses could not be produced as to

the blow which had been struck or the injury which had been inflicted,

and the infliction of which constituted the crime; but it was settled

by the constitution of this country, that, in all cases of this kind,

a jury might select from the circumstances of the evidence laid before

them, such facts as might produce a conviction in their minds as to

the guilt of the prisoners charged with the offence. The application

of the facts and circumstances of a case for such a purpose was, by

the law of the land, vested in a jury constituted as they now were;

and it was for them to decide according to the evidence which should

be laid before them, as it appeared in their minds; and it was for

them, after they had heard the great body of evidence which would be

submitted to them in this case, to say whether the prisoners were or

were not guilty of the heinous crime laid to their charge. If the

facts which would be laid before them, should produce in their minds a

conviction of the guilt of the prisoners, he was sure that they would,

without hesitation, pronounce a verdict which would consign some, if

not all of them, to a certain, speedy, and ignominious death; and he

was equally sure, that if an opposite conviction was the result of

the evidence, the jury would at once acquit the prisoners at the bar.

Without further introduction, he would proceed to state to them the

facts which had given rise to this painful and extraordinary inquiry,

as he felt justified in calling it, for the murder, to which it had

reference, did not appear to have been committed through any of those

motives that have ordinarily occasioned the commission of such a crime

in this country. It was not to gratify revenge for a wrong done, that

the unfortunate victim in this case had been deprived of existence.

The minds of his murderers were not stimulated by any passions of that

description to the commission of the dreadful deed. Neither wealth nor

the other common allurements which influenced the actions of wicked

men under such circumstances had impelled them to perpetrate this

crime. Nothing but the sordid and base desire to possess themselves

of a dead body, in order to sell it for dissection, had induced the

prisoners at the bar to commit the crime for which they were now about

to answer before a jury of their countrymen. The learned gentleman

then proceeded to detail the facts of the case, as they were afterwards

stated in the evidence subsequently produced. He dwelt in terms of

well-deserved eulogy on the meritorious exertions of Mr. Thomas, the

superintendent of police, and of Mr. Corder, the vestry-clerk of St.

Paul's, Covent Garden, in prosecuting the inquiry which had led to

the trial. He acknowledged that the case depended upon circumstantial

evidence, but he contended that a large and well-connected body of

circumstantial evidence was, in many cases, superior to the positive

testimony of an eye-witness. The judgment of an eye-witness was, in

several instances, liable to be deceived; but it was impossible that

the jury, after putting all the circumstances of the case together, and

weighing them seriously and deliberately, could be mistaken in their

judgment. It was for them to say, after doing so, whether the prisoners

at the bar were or were not guilty of the crime with which they stood

charged. He concluded by repeating his confident expectation that they

would give to this important case the deep and serious attention which

it deserved, and by expressing his complete reliance on the integrity

and good sense of a British jury, which a long life of practice had

left him no room to doubt.

WILLIAM HILL, the first witness called, was then examined by Mr.

Clarkson. The witness stated, that he is porter to the dissecting-room

at the King's College. At a quarter before twelve o'clock on Saturday,

the 5th of November, the bell of the dissecting-room having been rung,

he answered it; and having opened the door, he found the two prisoners

at the bar, Bishop and May, there. He had known the prisoners before.

May asked him if he wanted anything, and he said 'Not particularly.'

Witness asked him what he had got; he said, 'A male subject.'

Witness asked him what size. He said, 'A boy about fourteen;' and

he demanded twelve guineas. Witness said they could not give that

price, for they did not particularly want it; but if he would wait, he

would acquaint Mr. Partridge, the demonstrator of anatomy, with the

matter. He accordingly went to Mr. Partridge, who said he would see

them. Witness then went back to them, and told them to go round to

the place appropriated for them. When he had got them into the room

appropriated for them, Mr. Partridge joined them. They could not agree

as to the price. Mr. Partridge said that he would not give twelve

guineas for the subject. Witness then heard May tell him he should have

it for ten guineas. Mr. Partridge then left them, and went into the

dissecting-room. The prisoners then asked witness how it was to be, and

whether he would have the subject? Witness then followed Mr. Partridge,

and, in consequence of what Mr. Partridge said to him, he returned to

the prisoners, and told them that Mr. Partridge would only give nine

guineas for the subject. May said, he would be d--d if it should come

in for less than ten guineas. May was intoxicated at the time. On his

going out to the door, Bishop, taking witness aside, said to him,

'Never mind May, he is drunk. It shall come in for nine guineas in the

course of half an hour. They then went away. About a quarter past two

o'clock on the same afternoon they returned, in company with the other

prisoner, Williams, and a man named Shields. They had a hamper with

them. Shields appeared to be employed as the porter for carrying it.

May and Bishop carried the hamper into another room, while Williams and

May remained where they were. On opening the hamper, a sack containing

the body was found in it. May and Bishop remarked that it was a good

one, to which observation the witness assented. May, being tipsy, then

turned the body very carelessly out of the sack. The witness perceived

that the body was unusually fresh; and, in consequence of what struck

him with regard to the appearances of it, he went to Mr. Partridge.

Previously to his doing so, he asked the prisoners what the subject

had died of? They said, they did not know, and that it was no business

either of his or theirs. Witness replied, that it certainly was not.

The appearances with regard to the body with which he was particularly

struck were these:--It appeared different from a body that had been

laid in a coffin. The left arm was turned up towards the head, and

the fingers of the hand were firmly clenched. In consequence of the

opinion which he formed from the appearance of the body, he went to Mr.

Partridge, and detailed to him what he had seen, and what he thought

about the matter. Mr. Partridge accordingly returned to the room where

the body was lying, to have an inspection of it. The prisoners had been

removed from that room to the room into which they were originally

introduced, and where the other two men were also. Mr. Partridge,

without seeing them, after seeing the body, went to the secretary's

office. In the mean time, several of the gentlemen connected with

the College saw the body, and their suspicions were also excited.

Mr. Partridge having returned to the place where the prisoners were,

showed them a fifty pound note, and told them he must get that changed,

and that then he would pay them. Mr. Partridge having pulled out his

purse while speaking to them, and there being some gold in it, Bishop

said, 'Give me what money you have, and I will call on Monday for the

remainder.' May proposed that Mr. Partridge should give him the fifty

pound note, and he would go out and get it changed. Mr. Partridge,

smiling, said, 'Oh, no,' and then left them. The prisoners remained

waiting after Mr. Partridge had gone. In about a quarter of an hour

Mr. Mayo, the Professor of Anatomy at the College, came down with Mr.

Rogers, the Police Inspector, and a body of police, and the prisoners

were all taken into custody. Before that took place, and while witness

was in the room with Bishop, Bishop said to him, 'Pay me only eight

guineas in the presence of May; give me the other guinea, and I will

give you half-a-crown.' The body was then delivered by the witness to

the police, together with the hamper and sack; and having accompanied

them to the police-station, in Covent Garden, he saw them delivered

into the hands of Mr. Thomas, the Superintendent of Police. Judging by

his experience with regard to dead bodies, it was his opinion that this

body had not been buried, nor laid in a coffin. He observed that there

was no saw-dust about the hair of it.

Cross-examined by Mr. CURWOOD.--The first conversation he had was with

May and Bishop only; Williams did not appear. Williams was in the

College, but not in the same room.

Mr. RICHARD PARTRIDGE examined by Mr. BODKIN.--Witness is Demonstrator

of Anatomy at the King's College. He was there on Saturday, the 5th

of November. A body was brought there that day, and a communication

was made to him about it by the witness Hill, about two o'clock in the

afternoon. He accordingly went and looked at it. None of the prisoners

were present at the time. The body externally exhibited some suspicious

appearances, and it was those appearances that induced him to go for

the police. The suspicious appearances were a swollen state of the

face, bloodshot eyes, freshness of the body, and the rigidity of the

limbs. There was likewise a cut over the left temple. The lips were

also swollen. There was nothing else in the external appearance of

the body that excited his attention. After he had examined the body,

he did not recollect whether he went to the place where the prisoners

were before he called in the police. He was certain, however, that he

went for the police before the circumstance with regard to the fifty

pound note took place. On returning to the College, after going for

the police, he showed the fifty pound note to May and Bishop, where

he found them at the bottom of the stairs, leading to the anatomical

department. He then proposed to them that change should be got for the

fifty pound note, with the view to detain them until the police arrived.

The following day he made a more minute examination of the body at the

police-station, in the presence of other medical men--the external

appearances near the muscles were rigid, though less so than on the

preceding day, and there was a superficial wound on the temple. Beneath

the scalp and the bone there was some contused blood. On opening the

body, he found the whole of the chest, breast, &c., in a healthy

condition; the stomach was full. The spinal cord and brain were then

examined--the brain was perfectly healthy. In cutting through the skin

that covers the spinal cord, he found a quantity of coagulated blood

in the muscles, and on removing the back part, blood was found on the

membrane that envelops the spinal cord. The spinal marrow appeared to

be perfectly healthy. From these appearances he thought the external

marks of violence were sufficient to produce death. The violence

exerted had had an effect on the spinal cord. The violence must have

been on the back of the neck. A blow from a stick, he believed, would

have caused the appearances he had described. The injuries might not

produce instantaneous, but would cause a speedy death.

By Chief Justice TINDAL.--Witness believed that the appearances of

external violence to the spinal marrow had been caused by a blow or

some other species of violence inflicted on the back of the neck.

Examination continued by Mr. BODKIN.--It was the opinion of witness,

that the blow of a stick at the back part of the neck might have caused

such appearances. He would not positively say, that such an injury

would produce an instantaneous death; but he believed that it would

cause a very speedy one.

Cross-examined by Mr. CURWOOD.--On the external examination of the

body, he could not discover anything that would have been sufficient

to produce death. The extravasation of the blood in the spinal marrow

might have produced death. He would not positively say that it did

so, but his conclusion was, that it did. He could only arrive at

belief, and not at certainty on the subject. He did not think that

the appearances which he had mentioned could have been produced by

pressure, or any other means besides a blow. At the same time they

might have been produced by a blow of something else as well as a stick.

Re-examined by Mr. BODKIN.--On examining the heart, he found it was

empty, which was an unusual circumstance. The face too was swollen

and flushed, and both these appearances, namely, the empty state of

the heart, and the swollen state of the features, have been found in

persons who have died suddenly, but not from violence. They have been

found in persons who have met with a sudden but a natural death. But

the appearances about the spinal cord, and the coagulated blood at the

back of the neck, have not been found in persons dying a natural death.

The history of the London Burkers Containing a faithful and authentic account of the horrid acts of the noted Resurrectionists, Bishop, Williams, May, etc., etc., and their trial and condemnation at the Old Bailey for the wilful murder of Carlo Ferrari, with the criminals' confessions after trial. Including also the life, character, and behaviour of the atrocious Eliza Ross, the murderer of Mrs. Walsh, etc., etc. · 第 8 / 27 段