Q. After this conversation, did your wife and you leave it?

A. Yes. Mrs. Burke followed us up to the street. We met Mrs. Hare; she

asked us what we were quarrelling about, and desired us to go into

a house and settle our dispute. We did go, and shortly after I went

straight to the Police.

By the COURT.

Q. When you saw the body, did you know it to be the woman who was there

the night before? A. Yes; it was quite naked. There was blood upon the

mouth.

_Cross-Examined._

Q. What hour was it when you left Burke’s house first, on the evening

of the 31st? A. About five in the evening.

Q. What hour did Burke come for you in the morning? A. I think about

seven.

Q. Was Burke in Hare’s at supper? A. No; but Mrs. Burke was. The Hares

had left before Burke came.

GEORGE M‘CULLOCH _Examined_.

Q. You are a porter? A. Yes.

Q. Did the prisoner Burke come to you to carry a parcel for him at the

end of October last? A. Yes. Q. Where did you go first? A. To Burke’s

house. We went into his room, where we got a box like a tea-box; he

took something in a sheet, and put it into the box. Q. Was it like the

shape of a human body? A. I think it was. Q. Had you no doubt it was a

body? A. No. Q. Did you assist? A. No; but when the body was putting

in there was some hair which I pushed in. Q. When the body was putting

in the box was there violence used? A. Yes. Q. Was there another man

there? A. Yes, of the name of Hare.

Q. What became of the sheet? A. It was left where the body was carried

to. (_The witness was shown a box._)

Q. Was that the box? A. The very box.

Q. Was the hair long? A. No.

Q. Did you carry the box? A. Yes.

Q. Did the prisoner follow you? A. Yes. He told me to go towards the

High School Wynd.

Q. Did you go? A. Yes.

Q. Did any person join you? A. Yes, the prisoner and his wife, and Hare

and his wife.

Q. Then you went to Surgeons’ Square? A. Yes, and took the box off my

back. Q. What hour was it? A. It was half-past six.

Q. Where did you go after? A. To Newington.

Q. Who went with you? A. The prisoner, Hare, and their wives.

Q. Did they separate from their husbands? A. Yes.

Q. You saw a person of the name of Paterson?

A. Yes. We went into a public-house, and he shared the money between

the prisoner and Hare, and gave me five shillings for my trouble. When

we came out the women were gone.

JOHN FISHER, _Examined_.

Q. You are a police officer? A. Yes.

Q. Do you remember a person coming to the office? A. Yes.

Q. Where did you go with him? A. To William Burke’s.

Q. What did you go there for? A. To make inquiries, as I heard the

body was removed; I met Burke and M‘Dougal on the stair, I bade them

come down, I wished to speak with them. I asked Burke what had become

of his lodgers? He said, there is one (pointing to Gray) and that he

turned them out for their bad conduct. I then asked what became of the

little woman that was there on Friday? He said she left at seven in the

morning. I asked him if any person saw her go away? He said, William

Hare. I asked if any one else saw her go? He then looked insolent, and

said, many saw her go. I saw marks of blood on the bed, and asked how

they came there. M‘Dougal said a woman had lain in there a fortnight

ago. She said she knew where to find the little woman, she lived in the

Pleasance. She saw her that night at the Vennel, and she apologized for

her bad conduct. I asked her what time she left, and she said at seven

o’clock at night. I then decided on taking them to the office, which I

did, on a pretext that it was all a matter of spite against them, and

if they would come to the police office, it would be all cleared up.

Q. Did you return to Burke’s house that night? A. Yes, with the

Superintendant and Dr. Black.

Q. Did you examine the house? A. Yes.

Q. You found a striped bed-gown on the bed. A. Yes.

Q Was that it?--(_The bed-gown was exhibited._) A. Yes.

Q. Did you find any blood? A. Yes, amongst the straw.

Q. Did it appear to have been long there? A. No.

Q. Next morning you went to Dr. Knox’s with Paterson? A. Yes.

Q. And what did you find?

A. The body of an old woman quite naked. We sent for Gray to see if he

knew the body, and he identified it. We afterwards returned in the day

and removed the body to the police-office.

Q. Was the body shown to the prisoners? A. Yes.

Q. They denied all knowledge of having seen it, dead or alive? A. Yes.

Q. Did you go to Burke’s house again? A. Yes, and found an old gown and

a bag.

Q. Were these the articles? (_They were exhibited._) A. Yes.

Q. Was the body after examined? A. Yes, by Dr. Black, Dr. Christison,

and Dr. Newbigging.

_Cross-Examined._

Q. Did Hare deny all knowledge of the bodies? A. Yes.

Q. And his wife? A. Yes.

WILLIAM HARE (or HAIRE) _Examined_.

WILLIAM HARE (or HAIRE) a _socius criminis_, was now brought forward,

and his entrance into the witness’s box produced a great sensation in

the Court. He was first sworn according to the form used in Scotland,

and warned in the most pointed manner to speak the truth, for if he was

found to deviate the least from it, the most condign punishment would

await him.

Q. You are a Roman Catholic? A. Yes.

Q. Would you wish to be sworn in any other way? A. I never took an oath

before, I believe it is all one way.

(_He was then sworn upon a New Testament, with his right hand on the

Cross._)

Q. How long have you been in this country? A. Ten years.

Q. How long have you been acquainted with the prisoners? A. About

twelve months.

Q. Is your house near Burke’s? A. Yes.

Q. You remember last Halloween? A. Yes.

Q. Were you drinking in a public-house with Burke? A. Yes.

Q. What did he say? A. He asked me to go down to his house to see what

a _shot_ he had got for the Doctors. He said he got an old woman off

the street, and she would make a good _shot_ for the Doctors. He told

me to go down to the house and see if they were drinking, for he did

not like to go.

Q. What did you understand by a shot for the Doctors?

A. That he was going to murder her.

Q. Did you go down? A. Yes, I found a man and a woman and Nelly

M‘Dougal, and the old woman washing her short-gown.

Q. Was the strange man’s name Gray? A. Yes.

Q. What colour was the short-gown? A. Reddish striped.

Q. Is that it? (_The gown was exhibited._) A. Yes.

Q. Did you remain long there? A. Five minutes, and then went home.

Q. Was you in Connaway’s after that? A. Yes, between eight and nine

o’clock.

Q. Who was at Connaway’s? A. There was William Burke and Broggan, and

another chap I did not know, and my wife, John Connaway, and Nelly

M‘Dougal. The little old woman was left at Connaway’s, where they had

some drink.

Q. Had you some? A. Yes, we then went to Burke’s, and Burke and his

wife and the old woman came in; we were all hearty.

Q. Did you then expect the old woman was to be murdered? A. No.

Q. You had a quarrel with Burke? A. Yes, he struck me on the mouth,

and I struck him again, the woman came between us, he pushed me on the

bed twice and I remained on the bed; the old woman got up and wished

Burke to sit down, as he treated her well; she said she did not wish to

see him ill used; she run out before this to the passage and cried out

either murder or police.

Q. How was she brought back again? A. It was Nelly M‘Dougal that

brought her back both times.

Q. When you were struggling, did you knock the old woman down? A. Yes,

and she lay on her back, so drunk she could not get up, she cried to

Burke to quit.

Q. Did he quit you? A. Yes.

Q. What did he do then? A. He got on the old woman with his breast on

her head, and kept in her breath, she gave a kind of cry and moaned a

little after the first cry.

Q. How did he apply his hands to her? A. He put one hand on her nose

and the other under her chin, and stopped her breath, he continued this

for ten or fifteen minutes.

Q. Did he say any thing while this was going on?

A. No, he then got up and put his hand across her mouth and kept it

there three or four minutes; she appeared quite dead then.

Q. Was you looking on all this while? A. I was sitting on the chair.

Q. Did he strip the body? A. Yes, and put the clothes under the bed, he

then doubled up the body, and put the straw on top of her near the head

of the bed.

Q. While you were sitting on the chair and he was murdering, where

was your wife and M‘Dougal? A. When they heard the first screech they

leaped out of bed and run into the passage, and did not come in until

the body was put away.

Q. Where were you? A. I was sitting at the head of the bed when they

both lay down and covered themselves with the quilt.

Q. Did you see any blood at that time? A. No.

Q. Did any body come to the door when the woman cried in the passage?

A. No.

Q. Before the women sprung up was Burke long on the woman? A. A minute

or two.

Q. Did any one go to Burke to try and save the woman?

A. No one.

Q. Who went out first? A. My wife.

Q. And M‘Dougal followed after? A. Yes.

Q. Could any one have prevented Burke without your seeing them? A. No.

Q. Did the women make any inquiries when they came into the room? A.

No, they both went to bed. Then Burke went out after the woman was laid

aside, and stopped out ten minutes.

Q. Did any body come back with him? A. Yes, the Doctor’s man, Paterson.

Q. Did Burke say any thing to the Doctor’s man?

A. Yes, he wanted him to look at the body. Paterson said it would do

very well, to put it in a box; he would not look at it. I don’t know

when Paterson went away, I fell asleep.

Q. Were you tipsy? A. I knew what I was about.

Q. What time did you awake? A. Between six and seven in the morning. I

was sleeping on the chair, with my head on the bed; the two women and

John Broggan were in bed; he lay next his aunt, Nelly M‘Dougal. Burke

was sitting at the fire. After this I went home, and found Gray and his

wife at my house; they had had a bed there that night.

Q. Did Burke come to your house the next morning?

A. He did. We went to get our morning; he asked me to go to Surgeons’

Square to get a box.

Q. Did you get a box there? A. No. Burke then said he had one bespoke

from Mr. Rymer’s shop-boy. We got a box, and the porter brought it in.

Burke was not in then. We left the box, and stopped at the back door

until Burke came. When he came he asked me what I was doing, that I

did not get it into the box. He then went in, and drew the body from

under the bed, and the porter helped to put it in; there was some hair

hanging out, and the porter put it in; and said, it was bad to let it

hang out. The porter then carried it away to Surgeons’ Square. It was

roped. (That box in Court is it, or like it.) I went with the porter,

and Burke went for the Doctor’s man. They came to Surgeons’ Square, and

we went in with the box. We put the box in a cellar, and then we went

to Newington to the Doctor. Mr. Paterson went in, and he afterwards

came out and asked if we would go to a public-house, he had money for

us. We saw our wives following us, but they did not come into the

house. Paterson gave the porter 5s. and each of us L.2, 7s. 6d. We were

to have five pounds more on Monday. I saw nothing very particular until

I was taken up.

Cross-examined by Mr. COCKBURN.

Q. You say you have been ten years in Edinburgh? A. Yes.

Q. How have you been engaged?

A. I have been a labourer, and sometimes employed in selling fish with

a cart and horse.

Q. Have you been engaged in supplying bodies to the Doctors? A. Yes.

Q. Have you been concerned in supplying the Doctors with subjects on

other occasions than that you have mentioned?

The Lord Advocate objected to the question.

Mr. COCKBURN.--I hold that I am entitled to test this _Gentleman’s_

credibility with the Jury, and with that view I shall endeavour to

make him confess such acts as will make his evidence go for nothing.

I purpose to ask him if he was concerned in any other _murder_ except

this one.

LORD ADVOCATE thought the Dean of Faculty had agreed to confine himself

to this case.

LORD MEADOWBANK thought that such a line of conduct could not be

pursued. The question was neither a fit nor proper one.

Mr. COCKBURN.--In general, evidence is adduced because it is entitled

or presumed to be entitled to credit. Now, it is monstrous to suppose

that I should not be allowed to shake the credit of a human being

in respect to his evidence. (He then quoted a case lately tried in

England, where a witness in a similar circumstance was examined and

acknowledged that he had been guilty of the most atrocious crimes; in

consequence of which his evidence was totally discredited.)

Mr. ALISON replied, the law of England was in no point more opposed to

the law of Scotland than in regard to evidence. A witness here could

not be called on to answer for his whole life and conversation. The

utmost license was allowed in England in cross-examination, but it is

contrary to the uniform and fundamental law of Scotland.

DEAN OF FACULTY.--I completely agree with my Learned Friend. Our object

is to discredit, not to disqualify the witness. We wish to propose a

question to try the veracity of this witness. The witness was warned

that he was standing on his oath, being peculiarly situated, but it may

happen in most cases that he will answer it, and answer falsely. If he

answers truly, it will be for his credit; if falsely, it will then be

for the benefit of my client.

LORD MEADOWBANK.--I regret having stated the impression made upon my

mind by the bare announcement of the question proposed to be put to

the witness, because I should most assuredly have rather, in a matter

of this vast importance, have desired to obtain every light that could

have been thrown upon it before I ventured to deliver my judgment

regarding it. But perhaps my having done so had only the effect of my

attention being more anxiously called to every word that dropt from my

brethren at the bar, and if I were satisfied that if any thing that was

suggested by them had the effect of shaking the opinion which occurred

to me at first, nothing that I stated before could have prevented my

honestly and frankly avowing it. I have, however, been confirmed in

that opinion by finding that notwithstanding all the ingenuity of

my learned brethren, they have said so little on the subject, and

that they have been unable to show one single precedent in favour of

their argument, except that which has been obtained from the law of

England. Now, I for one throw the law of England altogether out of

the question. It is, I believe, in matters of this kind diametrically

opposite to ours. That law holds, that a witness has no protection

from having been examined by the Public Prosecutor, on a criminal

trial. We hold, that he has. It is quite absurd, therefore, to dream

of drawing a precedent, which is to guide your Lordships, from the

law of England. But even our law goes no farther than to protect

witnesses from being subject to prosecution on account of matter

immediately connected with the subject of the trial in the course of

which they are examined. I understand it, therefore, to be admitted

that, if the question proposed were admitted by your Lordships, the

witness must be told that he is not bound to answer it, because it is

beyond the competency of this Court to afford protection against being

afterwards questioned for the perpetration of crimes which do not form

the proper subject of inquiry in the present investigation. But I

have always understood that the law of Scotland has gone a great deal

further--that it allows no question to be put which a witness may not

competently answer, and which, if answered, must not be sent to the

Jury as a matter of evidence. Now, in the first place, I admit that

it is quite competent for the prisoner to put any question relative

to the matters at issue by which he apprehends that the credibility

of the witnesses for the Crown, may, if answered, by possibility be

shaken. The oath taken by the witness, binds him to speak the truth,

and the whole truth; but that obligation goes no further than it

refers to the matter before the Court. It neither does, nor has it

ever been held, to bind him to speak to matters relative to which he

has not been called legally to give evidence. I apprehend, therefore,

that even the oath which has been imposed upon the witness, is not

obligatory upon him to speak to matters _not immediately_ connected

with the subject of this trial--and, in fact, such was the opinion of

the Counsel for the prisoners; for, upon their application, the witness

was particularly warned that he was only required to speak the truth,

and the whole truth, relative to the third charge in this indictment.

I have always understood, however, that no question could be put,

upon cross-examination, to a witness in this country, which would, if

answered, have the effect of rendering him in truth inadmissible.

All questions having that effect must be put as preliminary, and

after the questions put to all witnesses by your Lordships before the

examination commences. In that respect, very likely, we differ from

the law of England; but, for the reasons assigned by Mr. Hume in the

passages read by Mr. Alison, I am not inclined to think that the rules

of our law are inferior, or less effectual for the administration of

justice. The object of our law has always been to get at the truth,

and I suspect that is best to be obtained by preventing witnesses

being harassed in the way that would result from such questions as

the present being held to be admissible. But further still, suppose,

in the second place, that the witness answers the question that has

been put in the affirmative, and depones that he has been present at

more murders than the one in question, what is to be the result? Is

the Lord Advocate upon the re-examination to ask him at what murders

he has been present, and who was concerned in those murders; or to go

into an examination of all the matters connected with those cases?

If he is, we may be involved in an inquiry into the circumstances

connected with the other murders in this indictment, which are not now

the subject of trial, and which your Lordships, by your interlocutor,

have precluded from being the subject of trial. I cannot think that

such can be your Lordships’ intention: yet the Court must be prepared

either to go this length or not, before allowing a question to be put

which must open up such a field of inquiry, for if the prisoner is

entitled to put the one question, it must follow that the prosecutor

is entitled to put the other, and if you do permit such an inquiry,

you must be prepared to send the answers so given, and the evidence so

arising, to the jury for their consideration. And what would be the

consequence? By the evidence thence arising, and the suspicions thence

created, the prisoners might be convicted upon matters not at issue in

this indictment. Nor is it enough to say that this has been occasioned

by the prisoner himself; for the law of this country interposes to

protect a prisoner from his own mistakes--it lays down rules by which,

in all cases, protection shall be afforded against either accident or

error; and as I conceive it would be highly erroneous to send such

matters to a jury, and yet that we are entitled to permit no questions

to be put, the answers to which must not be sent to the jury, I think,

this question cannot be admitted. But I set out with saying, that I do

not think any question can be sustained by your Lordships, which, if

answered in the affirmative, would disqualify a witness. Thus, suppose

that the question put were, Have you committed ten acts of perjury--and

the answer were in the affirmative, what is to be the result?--Your

Lordship must tell the jury either that the witness’s answer is true,

or that it is false. If true, must it not also be added that he cannot

be believed upon his oath; and if it appears not to be true, then he

is equally incredible. By admitting such questions, therefore, the

necessary result is that you put it in the power of the witness to

disqualify himself; and that, I have invariably understood, I can

solemnly assure your Lordships, to have been a principle reprobated by

the law of this country.

The LORD JUSTICE CLERK thought that the question might be put, but that

the witness should be cautioned that he was not bound to criminate

himself, for if he answered the question the Court could not protect

him.

LORD MACKENZIE thought the question might be put. The witness being

warned that he is not bound to criminate himself, and told that he

has no protection from the Court, but for the crime now before it.

The admission of his having been guilty of a secret crime could not

disqualify him. He had yet seen no sufficient authorities to shake that

opinion.

The LORD JUSTICE CLERK agreed with Lord Mackenzie, although he thought

with Lord Meadowbank that it was the “most extraordinary question he

ever heard;” but the case being an extraordinary one, allowance must be

made.

The LORD ADVOCATE wished to know in what situation he was placed. Was

he allowed to ask him, if he confessed--“Of what murders were you

guilty?”

Mr. COCKBURN.--We put that question, and the Lord Advocate is entitled

to put what other he chooses. I cannot state the thing more generally.

We intend to object to no question the Lord Advocate may choose to ask.

* * * * *

_Hare recalled._

Q. You mentioned when you was last here, that you assisted in taking

the bodies to Surgeons’ Square?

A. I never was concerned in furnishing _none_, but I saw them do it.

LORD JUSTICE CLERK.--You are not bound to answer the question about to

be put.

Mr. COCKBURN.--I am going to put some questions to you, and you need

not answer them if you don’t choose.

Q. How often have you carried dead bodies? A. I won’t answer it.

Q. Have you ever been concerned in any other murder?

A. I won’t answer that.

Q. Was there a murder committed in your house on the 8th October last?

A. I won’t answer that.

Q. When Burke said he had got a shot for the Doctors, how did you know

what he meant by a shot?

A. I heard it often before.

Q. Did you know it meant murder, then? A. Yes.

Q. How did you know it?

A. He told me he would murder her.

Q. Had you any notion that mischief would happen that night you were

dancing? A. I could not say.

Q. When did you suspect there was going to be mischief?

A. When I saw him on the top of her.

Q. Did you see the body of the woman at the Police Office?

A. Yes.

Q. Did you deny there ever having seen the body before?

A. I denied it.

Q. How soon was it after her death you saw her at the Police Office? A.

I saw a body there on Saturday or Sunday.

Q. You have been acquainted with Burke long? A. Yes.

Q. Have you received any money before from Dr. Knox?

A. No.

Q. Did you ever receive any from his assistants?

A. Burke did, and he gave it me.

Q. Did you ever receive any? A. No.

Q. Who received the money? A. Burke.

Q. Are you positive that it was five pounds that was to be received on

Monday? A. Yes.

Q. Who was it paid the man? A. I believe Burke did.

Q. Burke paid you? A. Yes, he threw two pounds to me, and seven

shillings in silver. Paterson put two pounds in one parcel, and two in

another, and halved the silver and Burke shoved it over to me.

Q. Had you ever any quarrel with Burke about money? A. No.

Q. You told us that the old woman went out into the passage and cried,

Police and Murder? A. Yes.

Q. You say you shoved her down over a stool? A. Yes.

Q. And she lay on her back? A. Yes.

Q. At the time that Burke was on the top of the woman, did you hear her

screech? A. Yes.

Q. It could be heard a good bit off? A. Yes.

Q. You say that Broggan was in bed in the morning,--did you see him

come in? A. No.

Q. Did you sit in that chair and see Burke for ten minutes killing the

woman, and offer her no assistance? A. Yes.

Q. You sat by calmly and saw the murder done? A. Yes.

Q. Did you give any information the next day? A. No.

Q. But you went to dispose of the body, and received money for it? A.

Yes.

Q. And the next day you denied all knowledge of the body? A. Yes.

MRS. HAIRE or HARE _Examined_.

_This witness was sworn and solemnly admonished by_ LORD

MEADOWBANK _to speak the truth, after which she was examined by

the_ LORD ADVOCATE.

Q. You are the wife of William Hare that was here just now? A. Yes.

Q. Do you remember last Halloween night? A. Yes.

Q. Did two persons sleep in your house that night?

A. Yes.

Q. Why did they do so? A. Burke asked me to give them a bed there in

the course of the day.

Q. Did you go out that night in search of your husband?

A. Yes, I found him in John Connaway’s.

Q. Who was there at the same time? A. Connaway and his wife.

Q. Was Burke there? A. I don’t recollect.

Q. Had you spirits there? A. Yes.

Q. Do you recollect seeing an old woman there? A. Not that I recollect.

I stopped there until my husband rose, and then we went into Burke’s

house with M‘Dougal.

Q. Was Burke there? A. No. He came in soon after.

Q. Was the old woman there? A. Yes, she was there before.

West Port Murders Or an Authentic Account of the Atrocious Murders Committed by Burke and His Associates; Containing a Full Account of All the Extraordinary Circumstances Connected With Them. Also, a Report of the Trial of Burke and M'Dougal. With a Description of the Execution of Burke, His Confessions, and Memoirs of His Accomplices, Including the Proceedings Against Hare, &c. · 第 5 / 29 段